The Labrador Boundary


Privy Council Documents


Volume VII
Contents




[27 Dec., 1866.]

[2 Feby., 1829.]

[7 Jan., 1832.]



p. 3410
C

No. 1309.

ROSE AND RITCHIE'S REPORT ON HUDSON'S BAY COMPANY'S TITLES.


Vide page 3506.




No. 1310.
C

DEED OF SALE, 3 FEBRUARY, 1829, BY JEAN OLIVIER BRUNET TO WILLIAM LAMPSON,

OF THE ESQUIMAUX BAY PROPERTIES.

ARCHIVES DE LA PROVINCE DE QUEBEC.

This indenture made at Quebec in the Province of Lower Canada the third day of February in the year of Our Lord one thousand eight hundred and twenty nine. Between Jean Olivier Brunet Esquire of the City of Quebec Merchant of the one part and William Lampson Esquire also of the City of Quebec Merchant of the other part witnesseth, that the said Jean Olivier Brunet did by virtue of a certain assignment entered into at Quebec on the twenty eighth day of March last between him the said Jean Olivier Brunet and one Flavien Dufresne Esquire of Quebec Advocate become possessed of certain large and extensive premises with fishing and hunting establishment situate lying and being in the Bay commonly called la Baie des Esquimaux consisting of fishing establishment situations and locations houses, stores, hangards, boats chaloupes nets and other fishing apparatus furniture and hunting materials and articles. All of which were in the actual possession and accordingly enjoyed by the said Flavien Dufresne in consequence and by virtue of an assignment which was made to him of the said premises by and from Claude Dénéchau Esquire of the parish of Berthier who acted in that behalf in his quality of curator to the vacant succession of the late Jacob Pozer in his lifetime of Quebec Merchant as appears by the said assignment bearing date at Quebec the ninth day of the month of September

p. 3411

which was in the year of Our Lord one thousand eight hundred and twenty three and remaining of record in the office of Roger Lelièvre of Quebec Notary Public which said premises were enjoyed by the said Jacob Pozer and the Ancestors of the said Jacob Pozer by titles and have been in their actual possession and enjoyed by them for and during the last fifty years and upwards. Now these presents witness that the said Jean Olivier Brunet as well for the consideration hereinafter mentioned as also for divers other good causes and considerations him the said Jean Olivier Brunet hereunto moving he the said Jean Olivier Brunet hath assigned transferred ceded abandoned and made over and by these presents he doth assign transfer cede abandon and make over without any other guarantee than that under which the said Jean Olivier Brunet enjoys & possesses the property & premises hereinafter described by virtue of his title transport from the said Flavien Dufresne unto the said William Lampson his heirs and assigns that is to say : all the rights of possession enjoyment jouissance and other rights of what kind or description soever that he the said Jean Olivier Brunet, Flavien Dufresne, Jacob Pozer and others from whom they claimed and became invested with his enjoyment and possession of the said premises hereinafter described had or might have had in and to the said establishments the said large tract of land & premises with fishing and hunting establishments situate lying and being in the Bay commonly called la Baie des Esquimaux consisting of fishing establishments situations and locations, houses, stores, hangards, boats, chaloupes, nets and other fishing apparatus furniture and hunting materials and articles together and with all and every part and parcel thereof belonging or in any wise appurtaining with also all the estate, right, title, interest, property, claim and demand whatsoever of him the said Jean Olivier Brunet of, in and unto the said premises or any part or parcel thereof as enjoyed by the said Jean Olivier Brunet and others in possession thereof from whom the said Jean Olivier Brunet acquired and became possessed of the same. And these presents further witness that the said Jean Olivier Brunet for the said considerations assigns transfers and makes over and by these presents doth assign transfer and make over unto the said William Lampson all the goods, property, effects, provisions merchandise, furs, fish, oil, household furniture, Indian debts claims & demands stock of goods utensils & implements whatsoever due owing or in any wise belonging to the said Jean Olivier Brunet as well in his own name as for & in his quality of legal representative of the persons formerly in possession of the said premises by virtue of the transfers and assignments of the said to him the said Jean Olivier Brunet made and granted in due form of law. To have and to hold the said premises with the said fishing and hunting establishments houses stores hangards boats chaloupes nets and other fishing apparatus furniture and hunting materials and articles, stock of goods utensils implements, property effects provisions merchandise furs, fish, oil, household furniture Indian debts claims and demands whatsoever and other the premises before by these presents assigned, transferred and made over or intended to be hereby assigned, transferred and made over and the issues and profits, and every part and parcel thereof with their and every of their appur-

p. 3412

tenances unto the said William Lampson his heirs and assigns in as full ample and beneficial or manner to all intents and purposes as he the said Jean Olivier Brunet hath enjoyed the same and doth now to all intents and purposes enjoy & possess the said premises now transferred assigned & made over or intended to be by these presents assigned transferred and made over. It is further agreed and concluded by & between the said parties that should any of the clerks or other persons in the employ and service of the said Jean Olivier Brunet have sold or disposed of any of the goods effects property or returns belonging to the said Jean Olivier Brunet situate upon the said premises or elsewhere but belonging or appurtaining to the establishment and premises now sold that the proceeds of the sale of the property fish, fur, oil or other articles arising from the disposal of any of the said goods effects property or returns now at the said Baie des Esquimaux shall and will be delivered and put into the possession of the said William Lampson or his agent or assigns as part and parcel of the premises now assigned transferred and made over or intended to be assigned transferred and made over and further the said Jean Olivier Brunet doth hereby oblige himself and guarantee to the said William Lampson the true & bona fide delivery of all the stock of goods effects provisions merchandise furs, fish, oil, household furniture, Indian debts claims and demands stock, utensils and implements fishing apparatus houses stores hangards boats chaloupes, nets hunting materials & every thing connected with or belonging to the said establishment due owing or belonging to the said Jean Olivier Brunet situate at the said Bay commonly called La Baie des Esquimaux now in the possession & custody of the Clerks Agents & workmen of the said Jean Olivier Brunet. And the said Jean Olivier Brunet did and by these presents doth further bind & oblige himself to pay & liquidate all servants & clerks wages & other debts and demands due & owing by him the said Jean Olivier Brunet to the first day of the month of May now next ensuing without the said William Lampson being troubled or inquiété for the same or any part thereof and also the said Jean Olivier Brunet doth guarantee the said William Lampson of and from all claims dues or demands that may be due owing or payable to any person or persons with whom the said Jean Olivier Brunet may have associated himself for the purpose of carrying on the fishing & hunting operations & business at the said Bay. It is further agreed by and between the said parties that all debts and sums of money now due & owing to the said Jean Olivier Brunet after a settlement of accounts whether by his associates adventurers clerks or workmen so far as respects the said establishment & premises at the said Bay des Esquimaux but without any guarantee shall and will be paid to the said William Lampson by the said associates adventurers clerks & workmen. It is further agreed by & between the said parties that the said Jean Olivier Brunet did and by these presents doth declare that he, the said Jean Olivier Brunet hath no partners or associates in the premises now assigned transferred and made over who have any right interest or claim in the said premises further known in the profits thereof for the current year and the said Jean Olivier Brunet doth oblige himself to guarantee the said William Lampson of and from any claims & demands whatsoever of the said partners

p. 3413

or associates and to settle with such partners for such profits if any himself without the said William Lampson being troubled or inquiété by any such partner or partners, associate or associates de modo that the said William Lampson shall & will be & he is by these presents invested with the whole possession property estate & premises of the said Jean Olivier Brunet situate at the said Bay des Esquimaux and that free & clear of all debts servants wages or other obligations contracted or entered into by the said Jean Olivier Brunet his agents clerks servants associates or partners. The present transfer is made for and in consideration of the sum of three thousand five hundred pounds current money of this province of which sum the said William Lampson hath paid to the said Jean Olivier Brunet at & before the execution of these presents the sum of eight hundred pounds current money aforesaid the receipt & payment of which the said Jean Olivier Brunet did & by these presents doth acknowledge and accordingly discharges the said William Lampson of so much on account and the said William Lampson hath also delivered to the said Jean Olivier Brunet his three several promissory notes bearing date in the three presents one of which for the sum of three hundred & thirty five pounds current money of this province payable in ninety days from this date & payable to the order of the said Jean Olivier Brunet, another for the sum of five hundred pounds current money of this province payable in four months from this date & payable to the order of the said Jean Olivier Brunet and the last for the sum of three hundred and seventy five pounds current money aforesaid payable in five months from this date to the order of the said Jean Olivier Brunet the receipt & delivery of which said notes the said Jean Olivier Brunet did and by these presents doth acknowledge which with the former sum by him the said Jean Olivier Brunet received as aforesaid forms in all the sum of two thousand pounds current money of this province on account of the present contract dont quittance accordingly. And with respect to the balance or sum of one thousand five hundred pounds current money of this province it is agreed that the said William Lampson shall & will pay the same to the said Jean Olivier Brunet upon his giving & delivering to the said William Lampson a discharge quittance from the said Jean Olivier Brunet clerks workmen agents associate or associates partner or partners or other persons whomsoever having any transaction or business relating or connected with the premises now assigned transferred & made over as aforesaid or intended so to be or upon the said Jean Olivier Brunet giving an indemnity in favour of the said William Lampson of and from any such claims dues or demands that may be made by the said clerks workmen agents, associate or associates partner or partners or other persons whomsoever having any transaction or business relating or connected with the said premises in manner & form following that is to say : the sum of five hundred pounds on the first day of September next a like sum on the first day of October next and the balance or like sum of five hundred pounds on the first day of April which will be in the year of Our Lord one thousand eight hundred and thirty.
And the said Jean Olivier Brunet did and by these presents doth moreover bind & oblige himself from time to time and all times hereafter at the reason-

p. 3414

able request costs & charges in the lieu of the said William Lampson to do acknowledge suffer and execute or cause and procure to be made done acknowledged and executed all and every such further and other lawful and reasonable act and acts for the further better and more absolutely conveying & assuring unto the said William Lampson his heirs & assigns all the rights pretentions claims and demands of him the said Jean Olivier Brunet aforesaid to the premises now transferred & assigned or intended so to be hereby assigned transferred & made over unto the said William Lampson his heirs and assigns. In witness whereof the said Jean Olivier Brunet and the said William Lampson have to these presents set and subscribed their respective names signatures & seals at the city of Quebec in the province of Lower Canada on the day month & year first above written.
J. O. BRUNET
WM. LAMPSON

Signed, sealed & delivered in the presence of
GEORGE ROBERTSF. PADER
In testimonium ventor

ARCH. CAMPBELL,
His Majesty's Notary & Notary Public.



No. 1311.
C

DEED OF SALE BY WM. LAMPSON, 7 JANUARY, 1832, TO NATHANIEL JONES,

OF FISHING ESTABLISHMENTS AT ESQUIMAUX BAY.


ARCHIVES DE LA PROVINCE DE QUEBEC.     ORIGINAL FOUND IN THE MINUTES OF THE LATE ARCHIBALD CAMPBELL

This Indenture made at Quebec in the Province of Lower Canada, the seventh day of January, one thousand eight hundred and thirty two, Between William Lampson, esquire of Quebec, merchant, of the one part, and Nathaniel Jones, esquire of Quebec aforesaid, merchant of the other part, witnesseth that the said William Lampson as well for the considerations hereinafter mentioned, as also for divers other good causes and considerations him moving hath granted, bargained, remised, released and for ever quitted claim and confirmed & by these presents doth grant, bargain, remise, release and for ever quit claim and confirm unto the said Nathaniel Jones, his heirs and assigns, all the rights, of possession, enjoyment, jouissance and other rights of what kind or description soever which he the said William Lampson now hath or can claim in and to all that large tract of land and premises with fishing and hunting establishments situate, lying and being in the Bay com-

[1927lab]



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