p. 3418
C

No. 1312.

DEED OF SALE, 4 FEBRUARY, 1835,
NATHANIEL JONES TO DAVID RAMSAY STEWART,

OF THE FISHING AND HUNTING ESTABLISHMENTS AT ESQUIMAUX BAY.

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

This Indenture, made at the city of Quebec in the Province of Lower Canada the fourth day of February in the year of Our Lord one thousand eight hundred and thirty five, between Nathaniel Jones of the city of Montreal, in the said Province, Esquire, of the one part and David Ramsay Stewart of the city of Quebec aforesaid merchant of the other part, Witnesseth that the said Nathaniel Jones, as well for the considerations hereinafter mentioned, as also for divers other good causes and considerations him hereunto moving, hath granted, bargained, received, released and for ever quitted claim and confirmed, and by these presents doth grant, bargain, sell, receive, release, and for ever quit claim and confirm, unto the said David Ramsay Stewart his heirs and assigns, all the rights of possession enjoyment, jouissance, and other rights of that kind or description soever which he the said Nathaniel Jones 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 commonly called La Baie des Esquimaux consisting of fishing and hunting establishments, houses, stores, hangards, boats, chaloupes, nets and other fishing apparatus, furniture and hunting materials, and articles belonging or in any wise appurtaining, with all the Estate, right, title, interest, property, claim and demand whatsoever of him the said Nathaniel Jones, of in and unto the said premises or any part thereof as enjoyed by William Lampson of Quebec, merchant, under the title derived by him from Jean Olivier Brunet by deed bearing date at Quebec the third day of February one thousand eight hundred and twenty nine, remaining of record in the Office of Archibald Campbell of Quebec, His Majesty's Notary, and all goods, property, effects provisions, merchandize, furs, fish, oil, household furniture, Indian debts, claims and demands, stock of goods, utensils and implements whatsoever due owing or in anywise belonging or appertaining to the said Nathaniel Jones at the said Bay purchased by him of & from the said William Lampson by Indenture of bargain and sale, bearing date at Quebec aforesaid, the Seventh day of January in the year One thousand eight hundred and thirty two, or since acquired by him the said Nathaniel Jones. To have and to hold the said premises, with the 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, merchandize, furs, fish, oils, household furniture, Indian debts, claims and demands whatsoever and other the premises by these presents

p. 3419

assigned, transferred and made over or intended so to be, and the issue and profits and every part and parcel thereof, with their and every of their appurtenances unto the said David Ramsay Stewart his heirs and assigns, in as full, ample and beneficial a manner to all interests & purposes as he the said Nathaniel Jones hath enjoyed the same and both now enjoy and possess the said premises now transferred, assigned and made over or intended so to be by these presents. And it is further concluded and agreed by and between the said parties that should any of the clerks or persons in the employ of the said Nathaniel Jones have sold or disposed of any of the goods, property or returns belonging to the said Nathaniel Jones situate upon the said premises or elsewhere, but belonging or appertaining to the establishment and premises now sold, that the proceeds of the sales, and the property, fish, furs, oil or other articles arising from the disposal of any of the said goods, effects, property or return now at the said Baie des Esquimaux shall and will be delivered & put into the possession of the said David Ramsay Stewart 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 it is further concluded and agreed upon by & between the said parties that all debts and sums of money now due and owing to the said Nathaniel Jones upon settlement of accounts whether by his adventures, clerks or workmen or others so far as respects the said establishment and premises, at the said Baie des Esquimaux, but without any guarantee, shall & will be paid to the said David Ramsay Stewart to the said adventures, clerks or workmen or others and the same are hereby transferred and assigned by the said Nathaniel Jones to the said David Ramsay Stewart. And further the said Nathaniel Jones doth hereby guarantee to the said David Ramsay Stewart the true & faithful delivery of all the stock of goods, effects, provisions, merchandize, furs, fish, oil, household furniture, Indian debts, claims and demands, stock utensils & implements, fishing apparatus, houses, stores, hangards, boats, chaloupes nets, hunting material & every thing connected with or belonging to the said Nathaniel Jones situate at said Baie des Esquimaux now in the possession and custody of the clerks, of the said Nathaniel Jones. And also the said Nathaniel Jones doth guarantee and assure the said David Ramsav Stewart of & from all claims dues or demands that may be due owing or payable to any person or persons with whom the said Nathaniel Jones may have associated himself for the purpose of carrying on the fishing and hunting operations and other business at the said Bay or elsewhere & against all or any claim or claims, or demands of his partners in the late Firm of H. Gates & Co. or of Jones Murray & Co. or of their creditors or assigns & also against all claims or demands of any person or persons having made advances of monies or goods for the use of or as outfits for the said Ports & trade at the said Baie des Esquimaux and these presents further witness this sale and transfer hereby made is so made for and in consideration of the sum of two thousand five hundred pounds current money of the said Province paid before the execution hereof the receipt whereof lie the said Nathaniel Jones doth hereby acknowledge and therefrom doth for ever acquit and discharge the said David Ramsay Stewart his heirs &

p. 3420

assigns ; and the said Nathaniel Jones did and by these presents doth moreover bind and oblige himself from time to time, and at all times hereafter at the reasonable request, costs and charges in the law of the said David Ramsay Stewart, to do acknowledge, suffer and execute, or cause and procure to be done, acknowledged, suffered and executed, all & every further and other lawful and reasonable act and acts for the further better and more absolutely conveying and assuring unto the said David Ramsay Stewart his heirs and assigns, all the rights, pretensions, claims or demands of him the said Nathaniel Jones of in and to the premises now transferred and assigned or intended so to be unto the said David Ramsay Stewart his heirs and assigns. And the said Nathaniel Jones doth further covenant and declare that he the said David Ramsay Stewart and his heirs and assigns shall and may at all times hereafter ever peaceably and quietly have, hold, occupy, possess and enjoy the said tract of land with the property the fishing and hunting establishments, houses, stores, hangards, boats, chaloupes, nets and other fishing apparatus, furniture & hunting materials and articles, and all and every other the premises mentioned to be hereby granted and released and receive and take the rents issues and profits thereof, to and for his and their own use and uses, without the let, suit interruption or denial of the said Nathaniel Jones or the heirs of the said Nathaniel Jones or of any other person claiming or to claim by from or under him or them ; Provided always and it is hereby expressly agreed by & between the said parties that he the said Nathaniel Jones shall not be bound in any manner to guarantee the said David Ramsay Stewart, his heirs and assigns against any eviction from and out of the said tract of land and premises of which the enjoyment is hereby transferred nor against any claims or demand whatsoever which may be made against or by reason of the same, or other the things and debts hereby assigned, unless such eviction claim or demand shall be out of the proper act and doing of him the said Nathaniel Jones (ses faits et promesses seulement).

In witness whereof the said Parties have hereunto set their hands & seals at Quebec the day month & year first above written.

NATHANIEL JONES
D. R. STEWART
Signed sealed and delivered
in the presence of

AUGUSTUS SEWELL
MICHEL PAQUET

of Quebec writer Etudiant on droit à Québec.

In testimonium Meritatis

ARCH. CAMPBELL, Not. Pub.

[1927lab]


Partnered Projects Government and Politics - Table of Contents Site Map Search Heritage Web Site Home