Articles of agreement for Charles Payne to act as overseer of Effingham Forest for John Hatley Norton, 1790 November 24

Articles of agreement for Charles Payne to act as overseer of Effingham Forest for John Hatley Norton, 1790 November 24

Articles of agreement dated November 24, 1789 between Charles Payne and John Hatley Norton setting the terms of Payne's position as overseer of Effingham Forest. The articles are signed by Payne and Muse Battaile, agent of Norton, and witnessed by Joseph West and William Payne.

MS1936.3.2053
Folder 199

Ink on paper

[Page 1]

Articles of Agreement Made and Entered Into this 24^th. day
of November 1789 Between Battaile Muse steward for John
Hatley Norton Esq^r. of one part - and Charles Payne Overseer
For said Norton of the other Part - the said Charles Payne
doth hereby agree to be overseer for the said John Hatley Norton at
Effingham Forrest in Fauquier County where the said Payne is
now overseer - for the year 1790 to begin Dec^r. 25th 1789 and the
year To End on the 25th day of December 1790 - dureing which
Time the said Charles Payne obliges himself To be a Faithfull
Trusty overseer in Every respect and He is to do his utmost to
make a good Crop for the said J.H. Norton by being Constantly
with the People under his Care and makeing them do their
Duty -the s^d. Payne Obliges him self to see afer the stocks
on the Estate that they be well fed and Perticular Care -
Taken of theem so as to make them good and Increase
them as much as Possable for the Benifitt of his Imployer.
the said Charles Payne is to Take Perticular Care of the
Meadows on the Estate - that no hogs shall run there in
to dammage them or other stock at and unseasonable
Time but that the said Meadows shall be kept in Proper order
with good Fences around them & well cleaned from of
Weeds Bushes or other Incumbrances = the said Meadows
Number three shall be kept in as high order and Constition
as the ground & other Circumstances will permitt = in the Time
of securing the Crop of Hay if the Meadows is Let out on shares
to secure the grass the said Payne is to see all the hay Taken
Care off and secured in due Time and in as good order as the
Weather will Permitt - the said Payne Farther agrees as
a good overseer to Follow all such directions & Commands from
Time to Time given him by the said John Hatley Norton or
his steward or attorney respecting the Estate under the Care of
the said Payne & to Follow such Instruction to the utmost
of his Power for the Interest of his Imployer -

[Page 2]

Whereas the said Charles Payne has rented a Tenament of the said
John Hatley Norton bearing date with this agreement - in order
to prevent any Ingury To the said Norton the said Payne agrees
that no change of [illegible] or in any article shall Take place
between the said Nortons Estate and that of the said Payne under
any Pretence what ever or in any wise, & that their shall
not at any Time dureing the year as above be any dealings
swaping changeing of any thing or article whatever
but that Each Estate shall be separate and have no Connection
with Each other - & moreover the said Charles Payne is
not to hinder his Time in overlooking the place rented to
him nor shall be suffered to attend it more than Twice
a week in Looking after it - but that his Time and Imploy
=ment shall be in the service of the said John Hatley
Norton as a Faithfull deligent overseer -

If the said Charles Payne Fulfills and
Complys with the Foregoing articles of agreements the
said John Hatley Norton is to give him for his Servaces
One Tenth of the sound indian Corn ^{made on the Estate} One Tenth of wheat
One Tenth of Inspected Tobacco One Tenth of Oats one Tenth
of hemp and Flax - one Tenth of what Hay the said
Charles Payne may Cut & Fully secure with the hands
under his Care = the Hay Cut & secured by by hirelings
on the share the said Payne is to claim no share off
Before the above one Tenth is to be received the Crops
are to be Finished and the Following deductions or
charges to be allowed by the said Payne - the seed
Wheat Oats - Hemp & Flax seeds to be deducted before
one Tenth shall be Paid To said Payne - also harvast
Expences for hired hands & Liquors - the waggoning &
Inspections of the Tobacco the said Payne is to Pay his
Proportion off - what Ever hauling the Estates Waggons

[Page 3]

does - the Propotein shall not be charged to the said Payne in
order to Incorage him to do his own waggoning with the
Estates waggons - the said Paynes allowance in Pork to be
500^lb. & Corn bread for his Family so as to Commit no wast
his sons that worke on the rented place the said Payne is to
Victual himself and not be Furnished from the said Paynes
Table of From the said Nortons Estate under any Pretence
what Ever - the said Charles Payne is allowed to keep on the
Estate Two Horse kind & Two head Cattle which may be
Fed with Long Fodder - but is not to be allowed Corn
or an kind of great to Eate on any acc^t. what Ever -
the said Charles Payne is to sow as much wheat next
summer & Fall in due Time as may be acquired of them
on the Estate - in Case by some unforeseen accident
the hands on the Estate may be reduced under the Number
of Ten then & in that Case the said Charles Payne is to
divide by a Share to allow two hands under 12 years old
for on share if there be any such that work on the Crop
Two Plows for a share - if the Number fall short of Ten [illegible]
Charles Payne to have one share of his the Proptions of
charges as above is made for seed wheat &c & other Expences
but should the Force Exceed Ten hands then his waggers
to be one Tenth after the Tenth of seed wheat &c & other
charges are deducted - If the said Payne has any -
Tobacco refused by his neglect or a hhd. to weigh under
One thousand pounds net Cash the said Payne is to
make such damage good to said John Hatley Norton

For the Full Performance of the above Each Party
Bind themselves in the sum of Five hundred pounds Virg^a.
Money witness Each of our hands & seals this date above -

Witnesses Charles Payne
Battaile Muse agent
for
John Hatley Norton -}

Witnesses
Joseph West
William Payne