| By the command of the Lt. Governor
with the advice and consent of His Majesty’s Council
Richard Burkeley, Secy.
Entered in the book of records
Let 6, page 56
Halifax 24th Feb 1764
Registered by one John Collier
Nova Scotia, LL#
To all whom These Presents shall come---Greeting.
Whereas John Huston, Joshua Winslow and William Allan, Esq.,
Abel Richardson, Elijah Ayre, Josiah Throop and Joseph Morse,
Committee of the Township of Cumberland on behalf of themselves
and others, Proprietors in the said township apprehending
and being advised that the former grants made to them and
their associates would for many deficiencies be insufficient
to secure them their properties therein and Therefore have
requested that a new grant of part of the said premises
might be made out for the more fully assuring to them and
their associates their respective right and share therein.
Now know Ye that I Montagu Wilmot, Esq. Lt.
Governor and Commander in Chief in and over His Majesty’s
Province of Nova Scotia or Acadie and Colonel of his Majesty’s
Eighth Regiment of Foot by virtue of the power and authority
to me given by his present Majesty, King George Third, under
the Great Seal of Great Britain have given, granted and
confirmed and do by these presents by and with the advice
and consent of His Majesty’s Council for the said province
give, grant and confer unto the several persons hereafter
named thirty-four thousand five hundred acres of land in
said township of Cumberland, Which township situate
lying and being in the district of Chignecto and is bounded---
Beginning at the entrance of the River O’Lae on the East
side thereof and bounded by said River and measuring from
the point of said entrance with the courses of the river
till it comes to a marked boundary on the said river being
four miles in a right line from the said point. Thence running
North two miles to a boundary there marked. Thence-Northeast
six miles and a half to a fixed boundary marked. Thence
South thirty-five degrees East nine miles and seventy-five
chains till it meets the Baie of Verte at the mouth of the
River Gaspers, and thence is bounded by said Baie Verte
till it crosses the River Tidnish at a fixed boundary and
from thence running up the country Southwest. Nine miles
and thirteen chains till it meets with the River LaPlanche,
Then on said river till it comes to the Basin of Chignecto
and by the said Basin till it comes to the point at O’Lae
River first mentioned, containing in the whole eighty-nine
thousand acres exclusive of land heretofore reserved about
Fort Cumberland and on the said Bay Verte. Which said lands
are hereby to remain exclusive of this grant according to
a plan hereunto annexed. The said thirty-four thousand five
hundred acres of land making sixty-nine rights or shares
of one hundred sixty-nine rights or shares Whereof the said
township doth computing every whole share at five hundred
acres more of less with all rights and privileges Thereunto
belonging as now divided, lettered, numbered and described
on the margin of this grant With all and all manner of mines
unopened excepting mines of gold and silver, precious stones
and Lapis Lazuli in and upon the said tract of land hereby
granted in the said township that is to say---Unto Joseph
Morse, Elijah Ayres, and Josiah Throop two shares each and
unto John Huston and Joshua Winslow, Esq., Jesse Bent, Gamaliel
Smethurst, Sennacherib Martyn, James Law, Abel Richardson
and Sara Jones each one share and a half and unto William
Best, Jr., Obadiah Ayer, William Nesbit, William How, Windsor
Eager, Archibald Hinshelwood, Gideon Gardner, Samuel Danks,
Thomas Dixon, Zebulon Roe, John King, Hezekiah King, John
Bent, Jonathan Cole, Ebenezer Gardiner, Jonathan Eddy, William
Huston, Alexander Huston, Simeon Chester, Thomas Procter,
Brook Watson, William Allan Sr., William Allan, Jr., Jonathan
Gay, Martin Peck, John Walker, Henry McDonald, Daniel Gooden,
Ebenezer Storer, Amos Fuller, Benoni Danks, Samuel Gay,
John Allan, Assell Danks, Isaac Danks, Charles Oulton, David
Burnum, Ebenezer Burnum, Daniel Earl, Robert Watson, Anthony
Burk, William Welsh, John Fillmore, William Sutherland,
Samuel Raymond, and Nehemiah Ward and John Collins one share
each and unto Joseph Ayer, Thomas Clews, William Milburn,
Abel Richardson Jr., George Allan, Winkworth Allan, Jabez
Chappell, Leffy Chappell half a share each together with
one share for the first minister, one for the Glebe and
one for the school, (as particularly described in the margin
of this grant, forever. Saving always the previous right
of any other person or persons to the said township or any
part thereof. To Have and to Hold the said granted premises
in the said respective rights and shares to each and every
of the said grantees in the manner herein before described
with all privileges, profits, commodities and appurtenances
there unto belonging. Unto the said Joseph Morse, Elijah
Ayer, Josiah Throop, John Huston, Joshua Winslow, Jesse
Bent, Gamaliel Smethurst, Sennacherib Martyn, James Law,
Abel Richardson, Sara Jones, William Best Jr., Obadiah Ayer,
William Nesbit, William How, Windsor Eager, Archibald Hinshelwood,
Gideon Gardner, Samuel Danks, Thomas Dixon, Zebulon Roe,
John King, Hezekiah King, John Bent, Jonathan Eddy, William
Huston, Alexander Huston, Simeon Chester, Thomas Proctor,
Brook Watson, Ebenezer Gardner, William Allan Sr., William
Allan Jr., Jonathan Cole, Martyn Peck, John Walker, Henry
McDonald, Daniel Gooden, Ebenezer Storer, Amos Fuller, Benoni
Danks, Samuel Gay, John Allan, Assell Danks, Isaac Danks,
Charles Oulton, David Burnum, Ebenezer Burnum, Daniel Earl,
Robert Watson, Anthony Burk, William Welsh, John Fillmore,
William Sutherland, Samuel Raymond, Nehemiah Ward, John
Collins, Joseph Ayer, Thomas Clews, William Milburn, Abel
Richardson Jr., George Allan, Winkworth Allan, Jabez Chappell,
Leffy Chappell---their heirs and assigns forever each right
or share of the said granted premises to consist of five
hundred acres according to the division of said township
now already made Yielding and paying to the grantees their
fees and assigns which by the acceptance hereof each of
the said grantees finds and obliges himself his Heirs and
Executors and assigns to pay to His Majesty King George
the Third, his Heirs and Successors or to the Commander
in Chief of the said province for the time being or to any
person lawfully authorized to receive the same for His Majesty’s
use, A Fee yearly Quit Rent of one shilling Sterling money
on Michaelmas Day for every fifty acres so granted and in
proportion for a greater or lesser quality of land granted
the first years payment of the same to be made on Michaelmas
Day next after the expiration of two years from the date
hereof and so to continue payable yearly hereafter forever.
But in case three years Quit Rent shall at
any one time be behind and unpaid and no distress to be
found on the premises then this grant to the grantee so
failing shall be null and void.
And whereas the selling or alienating the
rights or shares of the said township to any person except
Protestant Settlers and ? ? within this Province may be
very prejudicial to and retard the selling the said township
in case any of the said grantees shall within two years
from the date hereof alienate or grant the premises or any
part thereof except by will without license from the Governor,
Let. Governor or Commander in Chief for the time being under
the seal of the said province for which license no fee or
reward shall be paid. Then this grant to him so alienating
or granting the premises or any part thereof except by will
shall be null and void. And moreover the grant hereby made
is upon this express condition and each of the said grantees
finds and obliges himself, his heirs and assigns to plant,
cultivate, improve or enclose one- third part of the land
hereby within two years, one other third part within twenty
years and the remaining third part within thirty years from
the date of this grant or otherwise to forfeit his right
to such lands as shall not be actually under improvement
and cultivation at the time the forfeiture shall be incurred.
And each of the said grantees doth likewise hereby find
himself, His Heirs, Executors and assigns to plant within
2 years from the date hereof two acres of the said land
with hemp and to keep up the same or a like quality of acres
planted during the successive years.
And for the more effectual accomplishment
of His Majesty’s intentions for selling the lands within
this Province the grant hereby made is upon this further
express condition that if each and every of the said grantees
shall not settle either themselves or a family on each of
their respective shares or rights with proper stock and
materials for the improvement of the said lands on or before
the last day of November which will be in the year of our
Lord one thousand seven hundred and sixty-five then this
grant shall be null and void and of none effect to such
of the said grantees as shall fail to settle the premises
in the manner aforesaid within the time above limited and
the Governor, Lt. Governor or Commander in Chief for the
time being may at his pleasure grant the rights or shares
of all and every of the grantees mentioned in this deed
so failing to any other person or persons whatever in the
same manner as if this grant had not been made.
In witness whereof I have signed these Presents
and cause the Seal of the Province to be thereunto affixed
at Halifax in the said province this twenty-second day of
November in the fourth year of the reign of our Sovereign
Lord George the Third by the Grace of God of Great Britain,
France and Ireland. King Defender of the Faith and so forth
and in the year of our Lord one thousand seven hundred and
sixty-three.
By the command of the
Lt. Governor with the advice and consent
of His Majesty’s Council
Richard Burkeley, Secy. |