Transcribed by Marleen MacDonald Hubley
Old # 20 Grant
George the Third by the
Grace of God of
the
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
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