The Labrador Boundary


Privy Council Documents


Volume VII
Contents




1 Deed executed
before Planté, at
Quebec,
19 September, 1804.

2 Deed executed
before Planté, at
Quebec,
22 April, 1808.

3 Deed by Sheriff
of Quebec,
30 April, 1308.

4 Concession by
Galissonière,
5 November, 1748.



5 Sub-lease executed
at Quebec,
29 August, 1778.

6 Deed executed
before Planté, at
Quebec,
19 September, 1804.

7 Deed executed
before Planté, at
Quebec,
22 April, 1808.

8 Deed by Sheriff
of Quebec,
30 April, 1803.

1 Concession by the
King,
26 May, 1720.


2 Deed executed
before Barolet,
11 September, 1737.

3 Deed executed
before Barolet,
9 December, 1711.

4 Concession by
Jonquière and Bigot,
20 April, 1750.

5 Deed executed
before du Laurent,
31 August, 1751.

6 Concession by
Duquesne and Bigot
17 July, 1753.

7 Brevet de confir-
mation by the King,
1 May, 1754.



8 Return by
Murray,
22 July, 1763.





9 Cugnet, et al, to
Carleton,


10 Deed executed
before Planté, at
Quebec,
19 September, 1804.

11 Deed executed
before Planté, at
Quebec,
22 April, 1808.

12 Deed by Sheriff
of Quebec,
30 April, 1808.

1 Concession by
Beauharnois and
Hocquart,
1 May, 1738.








2 Engagements
executed before
Louet, at Quebec,
6 June and
5 September, 1741.

3 Deed executed
before Panet, at
Quebec,
7 October, 1749.

4 Concession by
Jonquière and Bigot,
15 October, 1750.


5 Deed executed
before du Laurent,
at Quebec,
31 August, 1751.

6 Inventory
executed before
Saillant, at Quebec,
5 January, 1752.




7 Return by Murray,
22 July, 1763.



8 Deed executed
before Planté, at
Quebec,
19 September, 1804.

9 Deed executed
before Planté, at
Quebec,
22 April, 1808.

10 Deed by Sheriff
of Quebec,
30 April, 1808.

1 Concession by
Vaudreuil and
Raudot,
20 March. 1706.

2 "Foy et
hommage,"
at Quebec,
13 August, 1721.

3 Aveu et denomb-
rement, at Quebec,
14 August, 1724.

4 Deed executed
before Badeaux and
Maillet, at Three
Rivers,
16 August, 1781.

5 Notice served by
Farineau, at Quebec,
5 Oct., 1785.




6 Deed executed
before Dumas,
at Quebec,
10 October, 1794.

7 Protest served
upon McCullum,
at Quebec,
5 November, 1796.

8 Deed executed
before Dumas,
at Quebec,
20 March, 1797.

9 Protest served by
Tetu and Lelievre,
at Quebec,
29 April, 1797.

10 Notice served by
Dumas at Quebec,
18 May, 1797.

11 Protest served by
Tetu and Lelievre,
at Quebec, 15 May, 1797.

1 Action entered by
Ker, at Quebec,
7 April, 1798.

2 Protest served
by Nathaniel Lloyd
at St. Paul (Eskimo)
River, 11 June, 1800.

3 Deed executed
before Tetu and
Lelievre, at Quebec,
22 July, 1801.

4 Action entered by
Ker at Quebec,
28 January, 1803.




5 Plea fyled by
Panet, at Quebec,
11 February, 1803.



6 Deed executed
before Badeaux and
Maillet, at Three
Rivers,
16 August, 1781



7 Interlocutory
Judgment rendered
at Quebec,
20 April, 1803.

8 Declaration before
Planté, at Quebec,
21 February, 1801.

9 Deed executed
before Planté, at
Quebec,
5 April. 1805.

10 Affidavit made
before De Bonné,
at Quebec,
3 June, 1805.





11 Judgment of the
Court of the King's
Bench,
12 February, 1806.

12 Deed by Sheriff
of Quebec,
22 February, 1808.


p. 3169

1804, Lymburner & Crawford sold Gros-Mecatina and other fishing posts on the north shore of the gulf of St. Laurence to Wm. Grant.1

1808, James Richardson, as curator of the estate of Wm. Grant, and Chas. Wm. Grant sold Gros-Mecatina and other fishing posts to Langan, Burns, Woolsey and M. Lymburner.2

1808, The Sheriff of Quebec sold the fishing posts on the islands opposite Gros-Mecatina concession and on other islands to the east and west of it to John Richardson et al.3



KECARPOUI CONCESSION.

FRENCH REGIME

1748, Galissonière and Bigot granted Kecarpoui concession for nine years (1749 to 1758), to Jacques Breard and Guillaume Esètebe, said concession having about four leagues of front and extending from the river Thekapoin to the western boundary of St. Augustin concession and having a depth of six leagues, together with the islands opposite. The concession granted the exclusive right to take seals, hunt and trade with the Indians within the limits of the concession.4

BRITISH REGIME

1778, Thomas Dunn sub-let to Dame Charlotte de Boucherville, widow of Jacques Perrault, such rights as he had to Pakahachoux, and Quekapoy (Kecarpoui) posts and the right of fishery on the shores between a point one and one-half leagues west of said islands and a point one and one-half leagues east of same.5

1804, Lymburner and Crawford sold Kecarpoui and other fishing posts to William Grant.6

1808, James Richardson, as curator of the estate of Wm. Grant, and Chas. Wm. Grant sold Kecarpoui and other fishing posts to Langan, Burns, Woolsey and M. Lymburner.7

1808, the Sheriff of Quebec sold the fishing posts on the islands opposite Kecarpoui concession and on other islands to the east and west of it to John Richardson et al.8

p. 3170

ST. AUGUSTIN CONCESSION.

FRENCH REGIME

1720, the King granted Saint Augustin concession to Francois Marganne de Lavaltrie for his lifetime. It extended two leagues east of the river St. Augustin and two leagues west of same, by four leagues in depth and included the islands opposite. It granted the exclusive right to take seals and permission to take fish concurrently with other French subjects and to trade with the Indians.1

1737, Lavaltrie leased Saint-Augustin for three years (173S to 1741) to Michel Petrimoulx, Charles Cheron and Nicolas Cheron.2

1741, Lavaltrie leased Saint-Augustin for six years (1742 to 1748), to Jean-Baptiste Pommereau.3

1750, On the death of Lavaltrie in 1750, Jonquière and Bigot granted Saint-Augustin for nine years (1750 to 1759), to Sieur Cheron.4

1751, In a deed of partnership, Lafontaine states that he has leased Saint-Augustin from Cheron.5

1753, Following the death of Cheron, Duquesne and Bigot granted Saint-Augustin for nine years (1753 to 1762) to Philippe d'Ailleboust de Cery.6

1754, The King confirmed the concession to de eery for nine years (1753 to 1762).7
BRITISH REGIME

1761, Governor Murray granted the seal fishery of Saint-Augustin to “Morisseaux in Trust for the two Daughters of Monsr. de Cery” for four years (1761 to 1765).8

1775, Cugnet, Lafontaine and Taschereau petitioned for a grant of St. Augustin for 21 years (1775 to 1796) that they might establish a fishery. They state that Jacques Perrault had operated on the islands opposite St. Augustin for the last nine years but had not paid any rental “depuis cinq ou six ans.”9

1804, Lymburner and Crawford sold “St. Augustine et dependances” and other fishing posts on the north shore of the gulf of St. Lawrence, to William Grant.10

1808, James Richardson, as curator of the estate of Wm. Grant, and Chas. Wm. Grant sold Saint-Augustin and other fishing posts to Langan, Burns, Woolsey and M. Lymburner.11

1808, the Sheriff of Quebec sold the fishing posts on the islands opposite St. Augustin concession and on other islands to the east and west of it to John Richardson et al.12

p. 3171

APETEPY (CHICATAKA) CONCESSION.
FRENCH REGIME

1738, Beauharnois and Hocquart granted Apetepy concession for ten years (1738 to 1748) to Francois Foucault and Nicolas-Gaspard Boucault. It comprised the frontage between Saint-Augustin and Baye-Phelypeau concessions by four leagues in depth, and also the islands opposite. It granted the exclusive right to take seals, hunt and trade with the Indians within the limits of the concession.1
Apetepy, as defined in this concession, is “l'Etendue de terrain le long de la cote du nord qui se trouve Entre les concessions des d. srs. La Valterie et De Berouague.” It, therefore, purported to grant a strip four leagues wide which, in part, included a portion of the front of Saint-Paul seigniory, granted in 1706, the remainder of said front portion being nominally included in Baye-des-Phelypeau concession and the augmentation thereto granted in 1722.

1741, Nicolas Trudel and ten others engaged themselves to go to Apetepy for the seal fishery, to construct buildings, etc.2

1749, Lafontaine de Belcour entered into partnership with Chas. Turpin to operate Chicataka (Apetepy) for one year, Lafontaine transferring a half-interest to Turpin.3

1750, La Jonquière and Bigot granted “Apetepi ou Chicativan” to Lafontaine de Belcour, for fifteen years (1751 to 1766), with the exclusive right to take whales, hunt and trade with the Indians.4

1751, Lafontaine entered into partnership with William Strouds (or Stroude) for five years (1751 to 1756), to operate Apetepy, Montagamiou and Saint-Augustin.5

1752, The fishing gear, trade goods, etc., at Apetepy, owned by Lafontaine, were inventoried in detail.6

BRITISH REGIME

1761, Governor Murray granted to the Whale Fishing Company “a Tract of Land on the North Shore of the St. Lawrence lying between Latitude 50° 4´ ; Longitude 58° 30´ . . . . and 51° 15´, Longitude 57° 45´ . . . . for three years from the date, or until His Majesty's Pleasure is further known.”7

1804, Lymburner and Crawford sold the posts between Itamamiou and Anse Ste. Claire, including Chicataka, to William Grant.8

1808, James Richardson, as curator of the estate of Wm. Grant, and Chas. Wm. Grant sold “Chicataka” and other posts to Langan, et al.9

1808, the Sheriff of Quebec sold the fishing posts on the islands opposite Apetepy and on other islands to the east and west of it, to John Richardson, Patrick Langan, et al.10

p. 3172

SAINT-PAUL SEIGNIORY.
FRENCH REGIME

1706, Vaudreuil and Raudot granted to Amador Godefroy, Saint-Paul seigniory, with a frontage of five leagues east and five leagues west of Quitzezaqui (Eskimo) river by ten leagues in depth, with the islands opposite, to have and to hold “en proprieté a toujours a titre de fief et seigneurie, haute, moienne et basse justice” with the exclusive right of hunting, fishing and trading with the Indians within the limits of the seigniory except that other French subjects engaged in fishing should have access to the shore. The grant was subject to the performance of “foy et hommage” and was subject to the payment of the customary dues “suivant la coutume de Paris” and that the seignior should keep “feu et lieu.”1

1724, Joseph le Plé dit de Voisy performed “foy et hommage” as proxy for Amador Godefroy de Saint-Paul.2
As proxy, le Plé also “avoué et declaré” that Godefroy held Saint-Paul seigniory from the King in accordance with the terms of the concession of 20 March, 1706.3

BRITISH REGIME

1781, Nathaniel and Philip Lloyd purchased Saint-Paul seigniory from the heirs of the Sieur Saint-Paul.4

1785, Lloyds ordered Adam and Mathew Lymburner to cease fishing or trading within the limits of Saint-Paul or on the islands opposite unless they were prepared to pay the Lloyds five per cent, Quebec prices, of the value of their annual take.5

1794, Philip and Nathaniel Lloyd, claiming to be joint owners of Saint-Paul, entered into partnership for six years with James McCullum who covenanted to act as the agent of the association at Quebec and to furnish supplies for the operations of the partnership.6

1796, Philip Lloyd and Nathaniel Lloyd fyled a formal protest, claiming that McCullum had not fulfilled the conditions of the partnership and, thereby, had caused them financial loss.7

1797, In March, McCullum sold his interest in the partnership with the Lloyds to Lymburner & Crawford.8

In April, the Lloyds made a formal demand upon McCullum that he provide a vessel and certain articles required for the fishing operations of the firm.9
Lymburner & Crawford notified Lloyds that, as they had acquired McCullum's interest, they would supply the requirements of the Lloyds.10
The Lloyds, however, refused to recognise the transfer and fyled a formal protest.11

p. 3173

1798, Lloyds entered an action in the court of the King's Bench against McCullum for breach of covenant. They claimed £3,000 damages.1

1800, Nathaniel Lloyd protested against the salmon fishing that was being carried on by employees of Lymburner & Crawford on the Eskimo river.2

1801, Lymburner & Crawford purchased from Joseph Jutras his interest in St. Paul seigniory as heir of his father, Joseph Jutras, and of his mother, Marie-Anne Godefroy de St. Paul.3

1803, Nathaniel and Philip Lloyd entered suit against Wm. Grant, Mathew Lymburner and John Crawford. Lloyds claimed £10,000 damages for fish and fur-bearing animals taken within the limits of the seigniory, timber taken by them, etc.4
Lymburner and Crawford contended that, as seigniors of the Isles et Islets de Mingan seigniory, they had the right to take fish, seals, etc., and to cut wood on the islands opposite Saint-Paul seigniory and that, as owners of the shares purchased from Joseph and Antoine Jutras, they were entitled to cut wood on Saint-Paul seigniory.5
The Lloyds replied that, on 16 August, 1781, they had purchased the rights and claims of Marie Anne Godefroy de St. Paul, widow of Joseph Jutras and mother of Joseph and Antoine Jutras and had thus acquired the rights and claims of said Joseph and Antoine Jutras.6

1803, the Court of the King's Bench rendered an interlocutory judgment ordering that Lloyds and Lymburner, Crawford and Grant, name a surveyor who should “draw up a plan descriptive of the premises in contest between the parties and of their respective pretentions therein” and should report to the Court.7

1804, the firm of Lymburner & Crawford, became insolvent and inspectors were appointed to administer their estate.8

1805, Mathew Lymburner and John Win. Woolsey sold to William Grant five forty-eighth parts, undivided, of the seigniory of Saint-Paul.9

1805, Philip Lloyd made an affidavit that, it would cost not less than £300 to comply with the interlocutory judgment, and that the plaintiffs “have not the means......of carrying such Interlocutory Judgment into Effect.”10

1806, the Court "adjudged that the present action be dismissed each party paying his own costs, without prejudice nevertheless to the judgment of the tenth of October last, awarding costs to Mathew Lymburner . . . and reserving to the Plaintiffs such other recourse in the premisses as they may be advised and legally take."11

1808, James Shepherd, as Sheriff of Quebec, sold to John Richardson as attorney of the estate of William Grant, deceased, five forty-eighths of the seigniory of Saint-Paul.12

[1927lab]



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