PIERCE, Patrick, 1820
Cape Archives CO6138 Volume 1 page 78
Articles of Agreement made and concluded on this Fourth Day of January in the Year of our Lord One Thousand Eight Hundred and Twenty,
Between John INGRAM of the City of Cork, on the one Part and Patrick PIERCE, Gardener of the City of Cork of the other Part,
Witness, That the said Patrick PIERCE has entered into the service of the said John INGRAM for the term of three years, on the terms and conditions hereinafter mentioned; that is to say:
I. That the said Patrick PIERCE shall and will serve the said John INGRAM as a Gardener or at such other work as the said John INGRAM shall require to be done, at such place or places in the Colony of the Cape of Good Hope, as the said John INGRAM may be located on for the said term, to commence and be computed from the day of his arrival at such place or places, when the pay of the said Patrick PIERCE shall commence at the rate of Six Pence per day, for every day he shall work, and the said John INGRAM engages to find him work, and that the working hours in each day shall be regulated by the custom of the Colony, but shall not exceed the legal working time of twelve hours as in Great Britain and Ireland.
II. That the said John INGRAM engages to take the said Patrick PIERCE free of all expenses to the said Colony at the Cape of Good Hope, where the said John INGRAM engages to supply the said Patrick PIERCE and his family with provisions for the said term of three years, according to the regulations as fixed and allowed to the soldiers in the Colony, by his Majesty’s Government; and further, that the said Patrick PIERCE and his family is or are to be lodged for the said term at the expense of the said John INGRAM.
III. That the said Patrick PIERCE engages that his wife and children shall do all such manner of work on such lands or farm as the said John INGRAM shall require to be done from time to time during the said term of three years, without any wages whatsoever, but in consideration of their diet and lodging.
IV. That it shall be lawful for the said John INGRAM to deduct from the said Patrick PIERCE the sum of Six Pence weekly, to form a fund for the sole purpose of providing medical advice and medicines for the use and uses of the said settlers going out with him the said John INGRAM, which fund shall be at the disposal of the majority of the said settlers, and at the end of the said term of three years, the balance (if any) shall be divided in the same proportion as each subscriber had made, without reference to any call on said funds.
V. That on the said Patrick PIERCE completing the said term of servitude faithfully and honestly, he the said Patrick PIERCE shall be entitled to the sum of Ten Pounds British money, or in lieu thereof, to Ten acres, at the yearly rent of Five shillings of such land as the said John INGRAM shall appropriate to him the said Patrick PIERCE which land shall be part of the said lands granted to the said John INGRAM by his Majesty’s Government.
VI. That in case any dispute or altercation shall arise between the parties hereunto subscribed, the same shall be referred to two respectable and disinterested person, who shall have power to choose a third person as an umpire, whose decision shall on all occasions be binding on the parties, and have the full force and decision of law.
VII. That it is agreed to by the said Patrick PIERCE that in case he the said Patrick PIERCE shall be found guilty of any felony or breach of the laws established or to be established in said Colony, (by which he forfeits his liberty), he the said Patrick PIERCE shall forfeit all claim to wages during said confinement, as also to any claim he may have for land or money under the fifth article of this agreement.
VIII. That in case of the death of the said John INGAM the said Patrick PIERCE hereby binds himself to work and serve the heirs, executors, administrators and assigns of the said John INGRAM and in all things to conform himself to their orders, rules and regulations in the same manner as if the said John INGRAM had not departed this life, for the remainder of the term of three years.
IX. That in the case of the death of the said Patrick PIERCE during the passage, or during his term of servitude, his heirs shall be entitled to a grant of Ten acres of land, subject to the conditions of the fifth article of this agreement.
X. That the said Patrick PIERCE solemnly engages and binds himself to the said John INGRAM that he will faithfully conform to and strictly obey all rules and regulations for the maintenance of good order, morality, good fellowship and good conduct, which shall be made, approved of, and sanctioned by the said John INGRAM and the Officers of Justice of the Colony, consistently with the laws of God, of man, and the laws and customs of the colony.
WITNESS the hands of the parties.