Transcribed by Marleen MacDonald Hubley 


Old # 20 Grant

Nova Scotia 102

 

George the Third by the Grace of God of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith and of the United Church of England and Ireland on Earth the Supreme Head

 

To all to whom these Presents shall come,

GREETINGS

Know ye that we of our Special Grace, certain knowledge, and mere motion have given and granted, and by these presents to us, our Heirs and Successors do give grant unto

 

Robert Stewart, Hugh Dunoon, Charles Fraser, Peter Fraser, James Cassady, John McLeod, Thomas Munro, the heirs of the late Henry Munro, James McDonald, William Dunbar, Angus McLean, Alexander McKenzie, Robert Bryden, William Bryden, Donald Bryden, and James MacPherson being of the District of Pictou and County of Halifax and part within the County of Sydney that is to say: Unto Robert Stewart two hundred acres at Malignant Cove; Unto Hugh Dunoon five hundred acres at the Cape St. Lewis (?); Unto Charles Fraser four hundred forty acres at the East River of Pictou, Unto Peter Fraser three hundred acres, Unto James Cassady one hundred acres, Unto John McLeod three hundred acres, Unto Thomas Munro and Donald Munro thirty-seven acres, Unto the late Henry Munro three hundred acres, Unto James McDonald one hundred and thirty-two acres, Unto Angus McLean two hundred acres, Unto Alexander McKenzie three hundred and fifty acres; Unto Robert Bryden Middle River of Pictou five hundred and fifty acres, Unto William Bryden two hundred acres, Unto Donald Bryden two hundred acres, And unto James McPherson one hundred acres containing in the whole of said tract of land three thousand seven hundred and ninety seven acres

 

And has such shape form and marks as appears by a plat thereof herewith annexed together with all woods, underwoods, timber trees, lakes, ponds fishings, water courses, profits, commodities, appurtenances and hereditaments whatsoever thereunto belonging or in anywise appertaining together also with privilege of hunting, hawking and fowling in and upon the same, and mines and minerals.  Saving and reserving nevertheless to us, our heirs and successors all white pine trees, if any shall be found growing thereon, and also saving and reserving to us, our heirs and successors, all mines of gold, silver, copper, lead, and coals.  TO HAVE AND TO HOLD the said parcel or tract of three thousand seven hundred and ninety seven acres of land, and all and singular other premises hereby granted in free and common saccade unto the said

 

Robert Stewart, Hugh Dunoon, Charles Fraser, Peter Fraser, James Cassady, John McLeod, Thomas Munro, the heirs of the late Henry Munro, James McDonald, William Dunbar, Angus McLean, Alexander McKenzie, Robert Bryden, William Bryden, Donald Bryden, and James MacPherson in severally according to the Division and descriptions that are becryed and expressed in the said plan hereunto annexed and to their heirs and assigns forever, they the said Robert Stewart, Hugh Dunoon, Charles Fraser, Peter Fraser, James Cassady, John McLeod, Thomas Munro, the heirs of the late Henry Munro, James McDonald, William Dunbar, Angus McLean, Alexander McKenzie, Robert Bryden, William Bryden, Donald Bryden, and James MacPherson their

 

Heirs and Assigns, Yielding and Paying therefore unto us, our heirs and successors or to our Receiver General of the time being, or his Deputy or Deputies for the time being yearly – that is to say, on the Feast of St. Michael in every year at the rate of two shillings for every hundred acres, and so in proportion according to the quantities of acres hereby granted the same to commence and be payable from the Feast of St. Michael in every year which shall happen after the expiration of ten years from the date hereof provided always, and this present Grant is upon the condition that the said grantees their heirs and assigns, shall and do, within three years after the date thereof, to every fifty acres of plantable land hereby granted, clear and work three acres at least in that part thereof  that us, our Heirs and Assigns shall judge most convenient and advantageous, or else to clear and drain three acres of water or soaken ground or drain three acres of marsh of any such are contained therein; and shall and do within the time aforesaid, put and keep upon every fifty acres thereof occupied, three neat cattle and continue the same thereon until three acres for every fifty acres are fully cleared and improved; and if there shall be no part of the said tract fit for present cultivation without manuring and improving the same, then the said grantees, their Heirs and Assigns within the time aforesaid, shall be obliged on some part of the said three thousand seven hundred and ninety seven acres of  land one good dwelling house to be at least twenty feet in length and sixteen feet in breadth and to put on said three thousand seven hundred and ninety seven acres of  land the like number of three neat cattle for every fifty acres or otherwise, if any part of said tract shall be stony or rocky ground, and not fit for planting or pasture, shall and do, within three years, as aforesaid, begin to employ thereon, and continue to work for three years then next ting and digging any stone quarry or mine one good and able hand for every fifty acres; it shall be accounted as sufficient cultivated and improved.  Provided also that every three acres that shall be cleared and worked or cleared and drained as aforesaid shall be accounted as sufficient worth cultivation and improvement to save forever from forfeiture fifty acres of land in any part of the tract hereby granted.  And the said grantees, their Heirs and Assigns shall be at liberty to withdraw (blank)­ of their stock or forbear working in any quarry or mine in proportion to such limitation and improvements as shall be made upon the plantable lands, swamps, sunken grounds, or marshes therein contained.  And if the said rent hereby received shall happen to be in arrears or unpaid for the space of one year from the time it shall become due, and no distress shall be found on said lands, tenements and hereditaments hereby granted, or if this grant shall not be duly registered in the Registrar’s Office of the said Province within six months from the date hereof and the debt also entered in the Auditor’s Office of the same, then this grant shall be void, and the said lands tenements and hereditaments hereby granted and every part and parcel thereof shall revert to us, our heirs and successors.  And provided also and upon this further condition that if the land hereby given and granted to the same grantees and their heirs as aforesaid shall at any time or times hereafter come unto the possession or tenets of any person or persons whatever inhabitants of said Province of Nova Scotia either by virtue of any deed of sale, conveyance, ensconcement, or exchange, or by gift, inheritance, descent, devise or marriage, such person or persons being inhabitants aforesaid, shall within twelve months after his, her or their entry and possession of the same, take the titles proscribed by law, and make and subscribe the following declaration – that is to say “I”, _____(name)_________  do promise and declare that I will maintain and defend to the utmost of my power the authority of the King in his Parliament as the supreme Legislature of this Province- before some one of the Magistrates of the said Province, and such declaration and certificate of the Magistrate that such oaths have been taken, being recorded in the Secretary’s Office of the said Province the person or persons so taking the oaths aforesaid, and making and subscribing the said declaration shall be declared the lawful possessor or possessors of the lands hereby granted.  And in the case of default on the part of the person or persons, in taking the oaths and making and subscribing the declaration within twelve months as aforesaid, this present grant, and every part thereof shall and we do hereby declare the same to be null and void to all intent and purpose and the lands hereby granted and every part and parcel thereof, shall in like manner revert to and become vested in out heirs and successors, anything herein contained to the contrary notwithstanding

Registered the 4th April, 1803

Signed in Council by (illegible)

Given under the Great Seal of our Province of Nova Scotia  Witness our trust and
well-beloved
Sir John Wentworth, Baronet and
Lieutenant Governor and
Commander
in-Chief in and over our said Province, this
second day of April in the
forty-third year of our reign and in the year of our Lord One Thousand
Eight Hundred and
three
Signed J Wentworth
              By His Excellency’s Command          

B Wentworth, Sec’y          
Nova Scotia, Halifax
4 April 1803

Jas Gautier

 

 

 

**Writing “to the secretary of the province” along bottom left margin of second page was illegible

 
Marleen MacDonald Hubley                     1/8/2006