Transcribed by Marleen MacDonald Hubley



Old No. 425 Grant

West River of Antigonish

May 31, 1813

 

Please Note:

Some names listed among the 27 grantees were not listed as receiving grants.  There are some differences between names in the grant and those listed on the grant map #99.  Where words were hard to read the transcriber’s best guess is in brackets.  Bold text was typed the rest was hand-written.
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 who these Presents shall come Greeting.

 

Know ye that we of our special grace, certain knowledge, and mere motion, have given and granted, and by these presents for us, our heirs, and successors do give and grant unto Donald McLellan and the twenty-seven other persons hereafter named being all of the West River of Antigonish yeomen.  Six thousand seven hundred and fifty acres of land situate lying and being, in the county of Sydney and to be divided amongst them in the following tracts pieces parcels or lots of land “viz” unto the said Donald McLellan the lot marked Number one in the annexed plan containing three hundred and fifty acres of land. Unto “little” Donald McDonald the lot marked Number two on the annexed plan containing five hundred acres of land. Unto Alexander McDonald the lot marked Number three on the annexed plan containing two hundred and fifty acres of land and also the lot marked Number five on the annexed plan containing fifty acres of land making in both said lot last mentioned lots three hundred acres of land and unto Alexander Fraser the lot marked Number four on the annexed plan containing four hundred and ninety-seven acres of land and also the small islands in Gaspereau Lake marked on the annexed plan containing three acres of land making together five hundred acres, which said several lots numbered one, two, three, four, and five are comprehended within the following limits ‘to wit’ beginning at the southeastern angle of a tract of land surveyed for the late Edward Irish adjoining land surveyed for Alexander Chisholm and others, from thence to run south eighty-two degrees west two hundred and fifty-one rods and one quarter of a rod or until it meets the eastern side line of lands granted to the late Jotham Blanchard thence south eight degrees east fifty rods or until it comes to the end, thereof thence south eighty two degrees west along the southern side line of said Blanchard grant six hundred fifty rods or until it meets the eastern side line of land surveyed for Hugh McDonald thence south eight degrees east ninety rods by a road or path four feet wide until it meets a brook emptying out of Gaspereau Lake /so called/ into the West River aforesaid thence to be bounded by a path or road four feet wide leading round said brook and the margin of Gaspereau Lake northerly easterly southerly and westerly until it meets the north western angle of Alexander Fraser Sen. farm lot thence south eight degrees east along said Fraser’s eastern side line two hundred and ten rods thence north eighty two degrees east forty five rods thence south eight degrees east one hundred and eighty rods thence north eighty two degrees east one hundred rods until it meets the western side line of lands granted to Phebe Hays thence north eight degrees east one hundred and eighty rods thence south eighty two degree east one hundred and forty four rods along the northern boundary of said Phebe Hays land thence south eight degrees east five hundred and thirty seconds along the eastern side line of said lands thence north eighty two degrees east seventy five rods thence north eight degrees west five hundred and thirty six rods thence north eighty two degrees east one hundred and fifty rods until it meets the south western angle of said Chisholm’s land thence north eight degrees west along said Chisholm’s western side line four hundred rods until it meets the place of beginning.

 

Unto John McLean the lots marked Number six and Number twenty-three on the annexed plan containing on the lot Number six one hundred and fifty acres of land and on the lot Number twenty-three one hundred acres of land which said lot Number six is abutted and bounded as follows ‘viz’ beginning at the north eastern angle of John McDonald’s farm lot from thence to run north eighty two degrees east two hundred and two rods thence north eight degrees west one hundred and twenty rods or until it meets the southern side line of Alexander Fraser Sen.’s farm lot thence south eighty two degrees west one hundred and ninety eight rods or until it meets the rear line of John McMullin and John Robinson’s farm lots thence south five degrees west along said rear line one hundred and twenty four rods or until it meets the place of beginning.

 

Unto John McNeil and Hector McNeil the lot marked Number seven on the annexed plan containing two hundred acres of land. Unto “Black” Alexander McDonald the lot marked Number twelve on the annexed plan containing two hundred acres of land. Unto Ranald McIsaac the lot marked Number thirteen on the annexed plan containing two hundred and fifty acres of land. Unto Donald McDonald “the Weaver” Nancy McDonald and Mary McDonald and Catharine McGahan to be marked Number fourteen on the annexed plan to be divided between them in the following proportion to wit unto the said Donald McDonald five hundred acres unto the said Nancy and Mary McDonald one hundred acres and unto the said Catharine McGahan fifty acres of land containing in the whole of said lot Number fourteen six hundred and fifty acres of which said seven last mentioned lots numbered seven twelve thirteen and fourteen comprehended within the following limits viz. beginning at the south eastern angle of lands surveyed for Laughlan McDonald and from thence to run west four hundred and ninety four rods thence south seven degrees east three hundred and forty six rods or until it meets John McMullin’s farm lot thence east along said McMullin’s northern side line five hundred rods or until it meets the western river of Antigonish thence by the several courses of said river downstream forty rods thence north eighty two degrees three hundred and four rods thence north eight degrees west one hundred and ten rods or until it meets the rear line of Hugh McDonald’s land thence south eighty two degrees west along said rear line one hundred and fifty rods or until it comes to the end thereof thence north eight degrees west two hundred and twenty rods along said McDonald’s western side line or until it meets the southern boundary line of Blanchard’s grant before mentioned thence south eighty two degrees west along said boundary line one hundred and thirty rods or until it meets the river thence crossing said river and following the course hereof upstream one hundred and thirty rods or until it meets the place of beginning.

 

Unto Donald McInnis the lots marked Number eight on the annexed plan containing four hundred acres of land.  Unto Angus McPherson the lot marked Number nine on the annexed plan containing one hundred acres of land which last mentioned lots numbered eight and nine and abutted and bounded as follows viz. beginning at the south western angle of Donald McGillivray’s farm lot on the east [track] of said West River from thence to run south seventy nine degrees east three hundred and sixty rods along said McGillivray’s southern side line thence south eleven degrees west two hundred and ten rods thence north seventy nine degrees west three hundred and eighty two rods or until it meets the said river thence following the several courses of the river downstream to the beginning.

 

Unto Angus McGillivray the [‘Elder’] the lot marked Number ten on the annexed plan containing two hundred acres of land which said lot Number ten is abutted and bounded as follows “to wit” beginning at the southwestern angle of land surveyed for Donald McPherson on the east side of the West River from thence to run south [sixty two?] degrees east along the southern side line [beside?] McGillivray’s [lake?] four hundred and [forty?] rods thence south eleven degrees west eighty rods or until it meets the lot surveyed for Laughlin McInnis thence north seventy nine degrees west along said Laughlin McInnis’ [eastern?] side line two hundred fifty four rods or until it meets the West River aforesaid thence following the several courses of the river downstream until it meets the place of beginning.

 

Unto Angus McGillivray the [“third”] the lot marked Number eleven on the annexed plan containing one hundred acres of land which said lot Number eleven is abutted and bounded as follows “viz” beginning at the northwestern angle of Angus McInnis’ farm lot on said river from thence to run south seventy nine degrees east four hundred and fifty rods along said McInnis northern side line thence north seven degrees east forty rods or until it meets the land surveyed for Laughlin McInnis thence north seventy nine degrees west four hundred and forty six rods until it meets the river aforesaid thence to be bounded by the several courses of said river and stream to place of beginning.

 

Unto Ronald McLean the lot marked Number fifteen in the annexed plan containing one hundred acres which said lot number fifteen is abutted and bounded as follows “viz” beginning at the southeastern boundary of Donald McDonald farm lot on said river from thence south eleven degrees west fifty rods thence north seventy nine degrees east three hundred thirty one rods or until it meets the river aforesaid thence following several courses of said river downstream until it meets the place of beginning.

 

Unto Angus McLean Junior the lot marked Number sixteen on the annexed plan containing one hundred acres of land. Unto Angus McLean Senior the lot marked Number seventeen on the annexed plan containing three hundred fifty acres of land and unto Donald McLean the lot marked Number eighteen on the annexed plan containing one hundred and fifty acres of land which said lot Numbers sixteen, seventeen, and eighteen are abutted and bounded as follows “viz” beginning at the northeastern angle of lands in the [possession] of Alexander McDonald from thence to run north seventy nine degrees west three hundred and seventy rods thence north eleven degrees east two hundred and eighty four rods thence south seventy nine degrees east three hundred and seventy rods until it meets the river thence be bounded by several courses of said river upstream until it meets the place of beginning.

 

Unto Donald McPherson the lot Number nineteen on the annexed plan containing five hundred acres of land and unto Hugh McDonald the lot Number twenty in the annexed plan containing two hundred acres of land which said lot Number nineteen and twenty are abutted and bounded as follows “viz” beginning at the northeastern angle of lands of Hugh McDonald’s farm lot on said river from thence to run north seventy nine degrees south three hundred and fifty rods thence north eleven degrees east two hundred and twenty four rods thence south twenty six degrees east three hundred and eighty four rods until it comes to the river aforesaid thence to be bounded by the several courses of said river or stream to the place of beginning.

 

Unto Angus McGillivray the “Elder” the lot Number twenty one on the annexed plan containing three hundred and fifty acres. Unto Duncan McLean the lot marked Number twenty-two in the annexed plan containing one hundred acres then unto the before named John McLean the lot marked Number twenty three on the annexed plan thus before mentioned containing one hundred acres of land which said lots numbered twenty one, twenty two, and twenty three are abutted and bounded as follows “viz” beginning at the southwestern line of Donald McPherson’s farm lot on said [track?] from thence to run north seventy nine degrees and three hundred and ninety eight rods along the southern side line of said McPherson land thence south eleven degrees west one hundred and seventy rods until it meets the northeastern angle of Angus McInnes land thence south seventy nine degrees east four hundred and sixty rods to line of Laughlin McInnis’ northern side line until it meets the river aforesaid thence by the several courses of said river downstream it meets the place of beginning line.

 

Unto John McDonald five hundred acres of land being part of the lot marked Number twenty four on the annexed plan.  Unto Isabella McMillin one hundred acres of land being part of the said lot Number twenty four and unto Hugh McDonald “the Younger” one hundred acres of land being the remaining part of lot Number twenty four which said lot Number twenty four is abutted and bounded as follows “viz” beginning on the rear line lands surveyed and laid out to John McMillin and other at the distance fifty rods from the northern angle of said McMillin land from thence to run north seventy nine degrees west seven hundred [rods] thence south eleven degrees west one hundred and sixty three rods thence south seventy nine degrees east seven hundred rods or until it meets the rear line of said McMillin’s lands thence north eleven degrees east along said rear line to the place of beginning and  . . .

containing in the whole six thousand seven hundred and fifty acres, and hath such shape, form and marks, as appears by a plot thereof hereonto annexed; together with all woods, underwoods, timber, and timber trees, lakes, ponds, fisheries, water, water courses, profits, commodities, appurtenances, and hereditaments, whatfoever, thereunto belonging or in any wise appertaining; together with the privilege of hunting, hawking, and fowling in and upon the same: saving and reserving, nevertheless, to us, our heirs, and successors, all coals, and also gold, silver, and other mines and minerals, to have and to hold the said parcel or tract of three thousand seven hundred and fifty acres of land, and all and singular other the premises hereby granted unto the said Donald McMullin, Donald McDonald, Alexander McDonald, Alexander Fraser, John McLean, John McNeil, Hector McNeil, Alexander McDonald, Ronald McIsaac, Donald McDonald, Nancy McDonald, Mary McDonald, Catharine McGahan, Donald McInnis, Angus McPherson, Angus McGillivray, Joseph Mehin, Angus McLean Jun., Angus McLean Sen., Donald McLean, Donald McPherson, Hugh Stewart, Angus McGillivray, Duncan McLean, John McDonald, Isabella McGillivray, and Hugh McDonald their . . .

 

heirs, or assigns, for ever, in free and common soccage they the said grantees, their heirs or assigns, yielding or paying therefore, unto us our heirs, or successors, or to our Receiver General for the time being, or to his Deputy or Deputies for the time being, that is to say: two shillings, sterling, for every hundred acres hereby granted, to commence on the midsummer day after the expiration of two years from the date hereof, and to be paid yearly, and every year; and in default of such payment this grant to be void: provided always, and this present grant is upon this condition, that the said grantee, their heirs, or assigns shall, and do, within five years from the date hereof, for every fifty acres of the land hereby granted, accounted plantable, clear and work three acres at the least, in that part of the land granted, which they shall judge most convenient, or else shall clear and drain three acres of swampy or sunken grounds, or drain three acres of marsh, if any such be within the bounds of this grant; and that for every fifty acres accounted barren, the said grantee, their heirs, or assigns, shall put and keep on the said land, within three years after the date hereof, three neat cattle, which number he or they shall be obliged to continue on the said lands, until three acres of every fifty of the improvable land hereby granted shall be fully cleared and improved: and in case no part of the land hereby granted shall be fit for present cultivation, the said grantee, their heirs, or assigns, shall erect thereon, within three years from the date hereof, an habitable dwelling house, and put on the said land the like number of three neat cattle for every fifty acres.  And in case the said land hereby granted shall be too rocky or stoney as not to be fit for culture or pasture, and the said grantee, their heirs, or assigns, shall employ within a reasonable time from the date hereof, and continue to employ for the space of three years next ensuing, one able hand, for every hundred acres in cutting wood, clearing the land, or in digging any stone quarry, it shall be deemed a sufficient cultivation.  And in case the said grantee, their heirs, or assigns, shall not within the space of five years from the date thereof have fulfilled several terms and conditions herein prescribed, then this present grant, and every matter and thing herein contained shall be void and of none effect, and the lands hereby granted, or intended so to be, shall revert to us, our heirs and successors; any thing herein to the contrary notwithstanding.  And provided also, that no part of the parcel or tract of land hereby granted to the herein before named grantees be within any reservation heretofore made and marked for us, our heirs and successors, by our Surveyor General of Woods, or his lawful Deputy, in which case this our grant, for such part of the land hereby given and granted by us as aforesaid, and which shall, upon a survey thereby being made, be found within any such reservation, shall be null and void, of none effect; any thing herein contained to the contrary notwithstanding. And provided also, that this grant shall be registered in the Secretary’s Office, of our said Province of Nova Scotia, to which registry shall be attached a duplicate of the plan heretofore annexed and a docket thereof be entered in our Auditor’s Office, and also in the Office of our Receiver General of Quit Rents, within three months after signing the same, otherwise this grant to be void and of none effect. And in case it shall appear, or be found, that the whole or any part of the lands hereby granted, shall be adapted to the growth and culture or fit for the production of hemp or flax, the said grantee, their heirs, or assigns, shall, and by the acceptance of this grant he and they do severally bind and oblige themselves, to sow annually, a proportionable part of the lands hereby given and granted, with hemp and flax feed.  Given under the great seal of our said Province of Nova Scotia.  Witness our trusty and well-beloved Lieutenant General Sir John C. Sherbrooke K G, Lieutenant General and Commander-in-Chief, in and over our said Province, this 31st day of May in the 53rd year of in our Reign in the year of our Lord one thousand eight hundred and thirteen.

 

By His Excellency’s Command, and with the advice of

His Majesty’s Council, at a Council, held at Halifax,

this 31st day of May one thousand eight hundred and

thirteen.

 

Registered at one o’clock in the daytime,

in the Registry of Grants at the Secretary’s

Office, in this Book this 12th page this

22nd day of June one thousand

eight hundred and thirteen.

 

Docketed in the Auditor’s Office, this _______________

__________ day of __________ one thousand

eight hundred and ________________

 

Docketed in the Office of the Receiver General of His

Majesty’s Quit Rents, (having first received five

shillings for every fifty acres contained in said Grant,

to each person, above two hundred acres, amounting

to ___________________________ which I certify

this _____________ day of _______________ one

thousand eight hundred and ____________.

 

It appearing to me that a Warrant of Survey has duly issued, and that a Survey has been duly made and returned by the Surveyor General of Lands, into the Secretary’s Office, with a plan and description of the lands herein before mentioned and described, and it also appearing to me from a certificate made by the Deputy Surveyor of His Majesty’s Woods, which is herewith returned into the Secretary’s Office, that no part of said lands are contained within any of the reservations made for his Majesty’s Service; I have in obedience to His Majesty’s instructions, prepared the foregoing draught of a grant, and I know of no objection to passing the same pursuant to the foregoing form, care being taken to annex the plan under the great seal, when it is affixed hereto; all which I certify, to whom it may concern this ____________ day of _______________ one thousand and eight hundred and ____________.

 

*********
Text transcribed by Marleen Hubley from a copy of the microfilmed grant [Old No. 425, Bk. D p.12] from the Public Archives of Nova Scotia, Halifax, June 14, 2004