This day, date underwritten, before me, Cornelis van Ruyven, appointed secretary in New Netherland in the service of the General Chartered West India Company, residing in Fort Amsterdam in New Netherland, appeared the reverend and most learned De Joannis Megapolensis, minister of the gospel in the Reformed Christian church of this city of Amsterdam, of the one part, and Dirck Jansen Cuyper, of the other part, who in the presence of the afternamed witnesses acknowledged that they had voluntarily and deliberately entered into and concluded in an amicable and friendly manner with each other the following contract, in the manner and on the terms hereinafter written, to wit:
The said De Megapolensis leases to the above named Dirck Jansen, who also acknowledges that he has rented, a certain farm belonging to the lessor, situated in the village of Midwout on Long Island, for the term of six consecutive years, which are to commence when the crops are off the field and to terminate in the year 1661, when the maize is off the land, but the grain field may be plowed by the lessor as soon as the grain shall have been removed therefrom.
The lessee must keep in repair the house and the posts, rails and fences which are at present on and around the land and deliver them back in good order at the end of the lease.
The lessee must keep wind and water tight the dwelling or dwelling house which the lessor shall cause to be erected on the farm aforesaid and deliver it up at the end of the lease in good repair.
If the posts and rails are moved further out by permission of the court or with the consent of the adjoining lot owners, the lessee shall do so at his own expense.
The maintaining and repair of the present well shall be at the expense of the lessee.
In addition to the land that is at present cleared, the lessee shall annually clear like the neighbors 1½ or one morgen of woodland, the use of which the lessee shall have for nothing in return for his labor so long as the lease lasts
The lessor promises to deliver next spring on the farm two draft oxen, which during the lease shall be at the risk of the lessor and the lessee in common, or half and half, and shall be delivered back to the lessor at the termination of the lease.
The lessor shall also deliver with the farm one wagon, with fore and after rope, one cart, one plow with appurtenances, one harrow, two scythes on condition that the lessee shall point out where they are for sale, and one grindstone if it is to be had.
The lessee remains bound and promises to deliver the same back to the lessor or his attorney at the end of the term, in quantity and quality as now delivered to him, or to pay or make good what may be wanting therein according to the decision of two impartial men who understand the matter.
The lessor shall deliver to the lessee two milch cows and one three year old heifer, going with her first calf, which during the lease shall be at the risk of the lessor and the lessee in common, and the increase thereof during the lease shall be equally divided between the lessor and the lessee every three years. But in addition to half the increese the lessee must deliver annually to the lessor, in place of the butter which is ordinarily given for the use of the cows, one mudde of wheat, as rent of the cows which are now delivered to him.
At the end of the first three years and also at the termination of the last years of the lease, the lessor shall first of all receive the cows, oxen, etc., that have been furnished, and then the increase as above mentioned shall be divided and distributed half and half. But if it should happen that one or more of the cattle now delivered came to die during the term of the lease, then the delivered number shall first of all be made good out of the general increase before any division be made.But this does not include any ox or animal that may be sold or slaughtered; that shall not be made good out of the general increase, but be charged to the account of the person who receives the benefit of it.
As to the other barren animals, whether heifers, young bulls, oxen, or calves which shall be delivered by inventory, the lessee shall be paid for wintering them this winter.
Notice shall be given by each to the other one year before the expiration of the lease.
The lessee must provide at his expense hay and other suitable fodder for the cattle from now on, this summer, until the end of the lease, but on this condition that the hauling of it home this summer shall be paid by the lessor.
The lessor reserves the privilege of planting a suitable orchard on the cleared land, as already begun, even though it were half a morgen or more in extent. The fruit shall be shared half and half.
If any materials for the building of a house are to be drawn from the ferry, the lessee must do so at the lessor's pleasure, without charging anything for it.
Should the lessee come to erect any building on the aforesaid land, the lessor shall indemnify him therefor, but he shall not be at liberty to build anything except with the consent and previous knowledge of the lessor.
The lessee is permitted to keep for a year from the date hereof two cows belonging to himself on the aforesaid farm, but after that time no cattle are to be on the farm except those that belong to the lessor.
If the lessee should leave on the expiration of the lease[1]
