Sample Deed of Concession from the Seigniory of Beauharnois

Seigneurie de Beauharnois

Deeds of Concession
executed before
Louis Sarault, notary
1822 - 1832

Sample Deed of Concession

Transcribed by Burton Lang

Here is the transcription of a typical Deed of Concession given by the Seigniory of Beauharnois during the regime of Notary Louis Sarault. It is the deed for Lot #1, English River Concession, Edwardstown given to John Lang (my gggrandfather) in 1822. The document consists of preprinted boilerplate shown below in regular style and handwritten specific entries shown in blue italic style. ~~Crossed~~ out words are boilerplate that has been deleted. My explanatory notes are in brackets and colored red. Note the old use of f as an s in a couple of words (known as a "leading s"). Underscores (_) indicate blank areas that were left in the document. (sic) is the editorial term meaning "It may not look right but that's the way its written". This document is printed in english (with certain legal terms in french italics) although I know that there was a french version of the document as well.

************

(Title Page)

1865
(this is a document reference number)
The 28th December 1822
Concefsion (sic) by the Honorable
John Richardson, Esquire
Curator OE
Unto
John Lang

No.1 Edwardstown, E.R.
Annfield

2^D Copy for the Grantee

(Page One)

Before the subscribing Public Notary, duly commissioned and
sworn, in and for the Province of Lower Canada, residing at Annfield and in the district
~~and the Witnesses herein after named:~~ of Montreal_____
Appeared The Honorable John Richardson Esquire of the City
of Montreal in the District aforesaid Merchant and Curater(sic) -
Duly appointed to the vacant Estate and Succefsion (sic) of the
Late George Ellice Esquire in his life time____
Seignior and Proprietor of the SEIGNIORY OF ANNFIELD, formerly called Ville-Chauve or
Beauharnois, and of the dependencies thereof, as well as of all the Rivers running and being
within the limits of the said Seigniory,___

Who did, and doth hereby acknowledge to have granted and conceded from this day FOR
EVER, with warranty against all troubles and hindrances whatsoever, unto John Lang
Residing in Edwards Town in the said Seigniory
Farmer ___ party hereto, and thereof
accepting for himself his__ heirs and assigns, that is to say,a lot of land
designated by number one in Edwardstown in the said
Seigniory, the said lot of land situated on the English
River and on the Norton Creek, making a point and
being of irregular figure having eight arpents¹
nine perches² eight feet on the South East side,
and containing by admeasurement seventy five
arpents in superficies, joining on the South
East side number two, on the South West side
the English River and on the North East side the
Norton Creek, according to the report of Survey or Proces
verbal of Donald Livingston, sworn land surveyor,
bearing date the 18th Day of the month of October 1822, and
as the said land is presently, the said grantee hereby declaring to have a sufficient knowledge
thereof, as having seen and examined the same, and to be therewith content and satisfied; the
said land holding of the said Seigniory of Annfield, and hereby for ever towards the Domain
thereof, bound, charge with, and subjected to, the payment and delivery of twenty seven
livres ancient Currency of the Said province of Lower Canada³
and three minots, ancient measure of Paris⁴, of good clean, dry,
Lawful and Merchantable wheat,___

the whole being seigniorial Cens et Rentes, payable yearly, and every year, at the Seigniorial
House, or other place which may be by him or his lawful representatives appointed; the first
payment whereof will become due on Michaelmass, the Twenty-ninth day of September next,
and from thence payable yearly on the said Michaelmass, as long as the said grantee his heirs
or assigns, shall be holders or proprietors of the whole or any part of the said land, the said
Cens yielding Lods et Ventes, and the profits arising from défauts, saisine et amendes, when the
case may occur; with all other feudal and seigniorial rights, agreeably to the original title of the
said Seigniory, and to the ancient Custom of Paris

The present grant and concession is so made as aforesaid, subject to and under the follow-
ing reservations, restrictions, charges and conditions, to wit: The said Seignior doth hereby
reserve for himself, his heirs and assigns;

1. The right to alter the day and place which are or may be by him or them appointed
for the receipt of the said Cens et Rents and other abovementioned feudal and seigniorial
rights; also the right to change the course of all waters and rivulets within the limits of the
said Seigniory, for encreasing (sic) the volume of the water, where the Manor-Mills (Moulins ba-
naux,) are or may be erected and to the benefit of such Mills, Mill-dams, or other improve-
ments which the said Seignior or his lawful representatives may cause to be constructed, or for
the draining of the lands in case he or they should deem fit so to do for the benefit of the said
Seigniory or the inhabitants thereof.

2. The right, in case of sale, or other alienation equivalent to a sale, of the whole or any
part of the said land, to redeem (retraire) the same, even by preference to the lineage,(parents
lignagers,) he or they reimbursing to the purchaser, the principal of the purchase money, with
the lawful costs, expences and advances, (frais mises et loyaux couts,) also the right to exact
from, and at the expense, of the said grantee his heirs or assigns, upon every mutation
of a Seignior upon the said Seigniory, by succession or otherwise, a recognizance and new de-
claration of the contents in these presents.

3. The right at all times to take on the said land, all kinds of timber of any description
whatever, as well as all stone and other materials necessary for the erection or repairing of
Churches, Parsonage-Houses, Mills of every description, Mill-dams, and other works of public
utility, Manor-Houses or other houses or buildings, or enclosures, or other improvements on
the Domains of the said Seigniory, without his or their being on that account subject or liable
to any recompense or indemnification towards the said grantee or his representatives; also
all oak timber fit for the building of vessels or mills, as well as all pine timber fit for masts, the
inhabitants of the said Seigniory being hereby prohibited to transport, or to sell, or to give for
transportation out of the same, any timber of the above description, or staves, without leave
being first had and obtained for that purpose, on pain, etc.: provided, however, that the said
inhabitants shall be at liberty to take such timber or staves on their respective lands only, for
their own proper use thereon.

4. All mines and minerals, which are presently or may hereafter be discovered on the
above conceded land, as well as the right of fishing and hunting, agreeable to the stipulations
contained in the original title Deed of the said Seigniory, and also a space of ground, fit for the
erection and building of Mills, containing six arpents in superficies, in case a proper situation
for that purpose should be found hereafter on the above conceded land; the said Seignior, or
he said representatives, paying a fair price for the same, according to the estimate of compe-
tent persons to be chosen by the parties, in case such ground should be cleared and improved,
(and not otherwise,) and reducing the rent of the said land in proportion of the said six arpents
or other less quantity of ground.

And the said grantee for himself his heirs, assigns, or other lawful representatives
for ever, doth hereby agree, bind and oblige himself as follows:

1. To pay and deliver yearly, and every year, the said Cens et Rentes unto the said Seig-
nior, or his heirs or assigns, or to his or their receiver or agent duly appointed, at such place
as the said Seignior, or his representatives, shall and may appoint for the receiving thereof.

2. To clear on the said land and put under cultivation yearly, during a term of ten years,
to be reckoned from the date hereof, one arpent in depth by the whole width of the said land.

3. To cause his and their corn and grain to be ground at the Manor-Mills (Moulins
banaux,) of the said Seigniory, for which the said Seignior and his heirs and assigns, shall be
entitled to keep and retain one fourteenth part of all corn and grain so ground as aforesaid; on
pain of confiscation of the corn and grain which shall have been ground elsewhere, and of such
fine as may be legally adjudged; and also of paying to the said Seignior, or his said representa-
tives, the legal grinding fee on such grain as he shall have caused to be ground elsewhere.

4. Not to grant, give, assign, makeover, or otherwise alienate, the whole or any part
of the said land unto or in favour of any mort main or Community, nor put Cens over Cens there-
on, without, however, any part of these presents prejudicing the rights of third persons, nor
those of the said Seignior or his lawful representatives.

5. To allow to pass on the said land all roads, bridges, ditches or water courses, which
to the said Seignior, or his said representatives, may appear useful and necessary, or which may
otherwise be required according to law, and in the latter case, to make and maintain the same
in good repair.

6. Not to divide the said land, in less parts than one and a half arpent in front by the
whole depth thereof, without express leave being first had and obtained in writing for that pur-
pose from the said Seignior, or his lawful representatives; and to clear the borders of the said
land, (donner du découvert,) as it may be required by neighbours thereof, with whom he or
they shall make common fences and ditches, (clorront et fossoyeront mitoyennement,) the said
Domains or unconceded lands of the said Seigniory, the said grantee or his said representa-
tives, being bound not to allow or suffer their cattle to stray on the said domains or highways
of the said Seigniory; nor at any time to allow their cattle to stray from their lands.

7. Not to build or erect, or cause, or allow to be built or erected, in front of the said land,
near the beach, any building or enclosure, which might in any wise obstruct or interrupt the
navigation of the river, which is to be kept at all times free and open for the passage of stran-
gers, and others, to the distance of at least six toises⁴ from the highest water mark, nor to build
or allow, or cause to be built or erected, on the said land, any saw or grist mill, or any other
mill of any description whatever.

8. To inhabit or personally occupy the said land within one year and day next ensuing
the date of these presents, to cultivate, improve and maintain the same in good order, so that
the said Cens et Rentes, and other charges, services, dues and duties herein above stipulated,
may be easily discharged, performed and paid yearly out of the same; and to build and erect,
or cause to be built or erected on the said land, within two years from this date, one or more
buildings of the value of at least three hundred livres of the ancient currency of this province.

9. To cause the said land to be measured and bounded in front and in rear, within one
year from this date, by a sworn land Surveyor, to be approved of by the Seignior, and at
all times thereafter when thereunto required, cause to mark anew the said boundaries by a
sworn land Surveyor, and to deliver at his or their own proper costs and expense, unto the said
Seignior or his representatives, a copy, in due form, of the report or procès verbal of the said
measurement, in default whereof the said land may immediately be reunited to the Domain of
the said Seigniory.

10. The said grantee shall, within eight days from this date, deliver at his own expense
unto the said Seignior, a copy hereof in due form; and upon every mutation of the holders of
the said land, the purchaser shall within eight days from the date of his title, exhibit and fur-
nish unto the said Seignior, or his said representatives, and authentic copy of his Deed of pur-
chase, under the penalty of three livres and fifteen sols, tournois; and for the security of the
payment of the said Cens et Rentes, and of the performance and execution of all and singular
the clauses, conditions and obligations herein contained by and on the part of the said grantee
his heirs and assigns, besides the original privilege acquired on the said land by virtue
of these presents, the said grantee did and doth hereby charge, affect, mortage, and hypothe-
cate, all and singular the property and estate, which he is presently possessed of, and
may hereafter acquire, without derogation of any mortgage from an other.

And in consideration of the premises, the said grantee his heirs and assigns, shall and
may have, hold, use and enjoy, the above conceded land, as a mere roture, and as his and
their own property for ever by virtue of these presents, for thus, &c. it being hereby well un-
derstood and agreed by and between the said parties, that in case at any time hereafter the
said grantee his heirs or assigns, should fail or neglect to perform any part of these pre-
sents, then and in that case, it shall be lawful for the said Seignior, his heirs or assigns, to
compel the said grantee his heirs or assigns, to abandon the said land, and to proceed
to the reunion of the said land to the Domain of the said Seigniory.

DONE and PASSED in the City of Montreal in the office of the
said Honorable John Richardson Esquire on this twenty eight
day of the month of December in the forenoon in the year
of our Lord one thousand eight hundred and twenty two, and
the said parties have signed with us said Notaries These
present being first duly read to them according to law.
Six words erased void(?). As it appears in the original on record
in the office, the said original thus signed, John Richardson
John Lang, H.J.Lepallieur N.P. and the subscribing
notary. (signed) Ls.Sarault

(page four)
This page is surveyor's report form. Since this particular lot was of irregular shape, this form was blank and the surveyor's report was a separate attached sheet.

On this____________________day of the month of________________
I, sworn Land Surveyor, in and for the Province of Lower Canada, residing at
___________________in the District of Montreal:
At the request of the HONORABLE JOHN RICHARDSON, of the City of
Montreal, in the District aforesaid, Curator duly appointed to the vacant Estate and
Succession of the late George Ellice, in his life time, Seignior, Prioprietor and Pos-
sessor of the Seigniory of ANNFIELD, formerly called Ville Chauve or Beauhar-
nois, purposely went to the __________________concession of the said Seigniory,
______________________________________________________________
______________________________________________________________
______________________________________________________________
for the purpose of bounding and measuring, and for ascertaining the superficies of a Lot
of Land, designated by No.__________in the said__________________Concession,
joining in front____________________________________________________
in the rear_______________________________________________________
on the__________________________________side, and on the____________
______________side______________________________________________
_____________________and with this view, I have measured from__________
____________________________________________________arpents in front
upon a line running______________________________Magnetically, (the variation of
my Compass from the true Meridian,________^o.________" West) and at the extremity
of the said_____________________arpents in front, I have raised a __________
line, course________^o._________" Magnetical, _________________________
_______________________for the depth of____________________________
_______________________________________________________________
_________________________and to divide, the said No. _____from No._____
on which line I have planted________boundar___, at the______________distance of
_____________________________from the said front____________________
_______________________________________________________________
_______________________________________________________________
the said boundaries being stones rising four inches from the surface, having_______
___________________________________under each, as perpetual marks; by which
operation the said Land contains______________________________________
superficial. The whole done in the presence of____________________________
_____________________________witnesses__________________________
named and chosen for this purpose. In faith and testimony whereof, I have hereto sub-
scribed my name, to serve and avail as occasion may require.

Footnote:
1/ An arpent is an old french unit of land measure. It was used two ways, as a unit of linear measure approximately 192ft (57m) long and as a unit of area approximately 5/6 of an acre or 1/3 Hectare.

2/ A perch is the same as a rod (16-1/2ft or 5m) in length and also used as an area measurement equal to a square rod (272ft² or 25m²).

3/ According to a document in 1860, this rent was equal to 1 pound 10 shillings or 6 dollars at that time.

4/ A minot is an old french measure of dry volume equal to approximately 1 bushel.

5/ A toise is an old french linear measure approximately 6 feet (1.9m) in length.

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