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We do hereby acknowledge that we have examined and approved the three foregoing states referred to in the above account current, and that we have also examined and approved the said above account or statement.

Witness our hand at Quebec this twelfth day of September, 1789.
WILLIAM GRANT
THOMAS DUNN
PETER STUART



I do hereby acknowledge to have received from William Grant, Esq. seventeen hundred and fourteen livres thirteen sols and four deniers, and of Peter Stuart, Esq., the sum of nineteen hundred and ninety-nine livres in full for my reimbursement of what I have paid more than my own portion of thirteen thousand four hundred and forty-nine livres for my quarter or fourth share held by me as above stated in the Seigniories of the terre ferme de Mingan, of the Isles and Islets de Mingan, and of the Isle d'Anticosti.

Quebec, this twelfth day of December, 1789.
THOMAS DUNN.
L. DESCHENAUX.
CHAS. STEWART, Not Pub.



No. 1325.
C

LEASE, 9 SEPTEMBER, 1803, OF TERRE FERME DE MINGAN TO McTAVISH, FROBISHER & CO.

IN THE PRIVY COUNCIL.    ON APPEAL FROM THE COURT OF THE QUEEN'S BENCH FOR LOWER CANADA. THE LABRADOR COMPANY              AND THE QUEEN, 1861, pp. 408-411.

Before the subscribing Public Notaries residing in the City of Montreal, in the Province of Lower Canada, duly admitted and sworn, it is by these presents covenanted and agreed between William Grant, of St. Roch, in the District of Quebec and Province aforesaid, Esquire, acting on the part and behalf of himself and on the part and behalf of Peter Stuart and Thomas Dunn, Esquires, residing in the City of Quebec and Province aforesaid, proprietors of the undivided Seigniory of Mingan, that is to say, the said

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William Grant for one-half, the said Peter Stuart for one-quarter, and the said Thomas Dunn for the remaining quarter, of the one part ; and Simon McTavish, John Gregory, William McGillivray, Duncan McGillivray, William Hallowell and Roderick McKenzie, of the City of Montreal, merchants and co-partners in trade under the name and firm of McTavish, Frobisher and Company, of the other part. And these presents witnesseth that for and in consideration of the yearly rent, covenants and agreements in these presents after reserved and contained, which on the part and behalf of the said McTavish, Frobisher & Company as aforesaid, their and each of their executors, administrators and assigns, are to be paid, done and performed, the said William Grant, Peter Stuart and Thomas Dunn, by him the said William Grant acting in manner as aforesaid, have demised, leased and to farm letten, and by these presents do and each of them doth demise lease and to farm let unto the said McTavish, Frobisher & Company as aforesaid their said Seigniory or Post of Mingan, extending easterly from the limits of the King's Posts or Cape des Cormorants to the River Ouamane, in which is included the establishments or posts of Cormoran, Mingan, Napeusipeu, and Masquarou, the whole lying and being on the north shore of the River or Gulph of St. Lawrence, in the Province of Lower Canada, and all the stores, houses and buildings thereon erected, with the full and exclusive rights of hunting, fishing and trading with the savages within the limits of the said Seigniory and posts, with all and singular the rights, benefits and advantages belonging or appertaining thereunto. To have and to hold the said Seigniory and posts and the premises aforesaid, with all and every of their appurtenances hereby intended to be demised, granted and confirmed unto the said McTavish, Frobisher & Company as aforesaid, their and each of their executors, administrators and assigns, from the first day of October next ensuing, the date of these presents, for and during and unto the full end and term of nineteen years thence next ensuing, to be fully complete and ended, that is to say, from the first day of October, one thousand eight hundred and three, to the first day of October, one thousand eight hundred and twenty-two, yielding and paying therefor on the first day of October of or in every year during the continuance of this lease unto the said William Grant, Peter Stuart and Thomas Dunn, their heirs, executors, administrators or assigns annually the rent or sum of five hundred pounds of lawful money of the Province of Lower Canada, in payments or proportions as follows, that is to say : To the said William Grant, his heirs, executors, administrators or assigns, the sum of two hundred and fifty pounds ; to the said Peter Stuart, his heirs, executors, administrators or assigns, the sum of one hundred and twenty-five pounds, and to the said Thomas Dunn, his heirs, executors, administrators or assigns, the remaining sum of one hundred and twenty-five pounds annually as aforesaid, the first payment to be made on the first day of October, in the year one thousand eight hundred and four, and the last payment on the first day of October which will be in the year one thousand eight hundred and twenty-two. Provided always and upon condition nevertheless that if it should so happen that the said yearly rent

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of five hundred pounds or any part thereof shall be behind and unpaid by the space of thirty days next after the day on which the same ought to be paid as aforesaid, being lawfully demanded, that then and at all times then after it shall and may be lawful to and for the said William Grant, Peter Stuart and Thomas Dunn, their or either of their heirs, executors, administrators or assigns, into the said demised seigniory and premises, and into every part thereof, to re-enter, and the same to have again, retain, re-possess and enjoy, and the said lessees and each of them, their and every of their heirs, executors, administrators and assigns, thereout and from every part thereof to expel, and put out anything contained herein, to the contrary thereof in any wise notwithstanding. And the said Simon McTavish, John Gregory, William McGillivray, Duncan McGillivray, William Hallowell and Roderick McKenzie do hereby for themselves and either of them for himself, his executors and administrators covenant, promise and agree to and with the said William Grant, Peter Stuart, and Thomas Dunn, their and each of their heirs, executors, administrators and assigns in manner following, to wit : That they, the said Simon McTavish, John Gregory, William McGillivray, Duncan McGillivray, William Hallowell and Roderick McKenzie as aforesaid, jointly and severally, their and each of their heirs, executors, administrators or assigns, shall and will well and truly pay or cause to be paid unto the said William Grant, Peter Stuart and Thomas Dunn, or to their executors, administrators or assigns, the yearly rent of five hundred pounds as aforesaid, at the days and times and in such manner as is hereinbefore appointed for payment thereof according to the respective proportions thereof aforementioned and the true intent and meaning of these presents. And the said Simon McTavish, John Gregory, William McGillivray, Duncan McGillivray, William Hallowell and Roderick McKenzie, their and each of their executors, administrators and assigns, shall and will at all times during the term and continuance of this lease, at their and each of their own proper costs and charges, well and sufficiently repair, amend, support, maintain, preserve and keep in repair all the houses, buildings, stores, forges and appurtenances, and likewise the church or chapel, that are now upon the said Seigniory and posts in like good state and repair, as they may be in on the first day of October next, and at the period of the said lessee receiving possession of the same (the casualty of fire which may burn down the same or any part thereof only excepted), and to restore the same in like good order and condition at the expiration of this lease (except as hereinbefore excepted.) And whereas circumstances may require to make alterations, additions and improvements to the buildings now upon the said premises, it is hereby understood and agreed by and between the said parties to these presents that the said lessees shall have permission so to do, provided always that at the expiration of the said lease the said buildings shall be upon the whole of the same extent or value as at the time of the commencement thereof. And the said William Grant, Peter Stuart and Thomas Dunn, for themselves, their and each of their executors, administrators and assigns, do covenant, promise and agree to and with the said Simon McTavish, John Gregory, William

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McGillivray, Duncan McGillivray, William Hallowell and Roderick McKenzie as aforesaid, their and each of their executors, administrators or assigns, paying the yearly rent hereinbefore reserved, and well and truly doing performing, fulfilling and keeping all and every the covenants and agreements hereinbefore mentioned or contained which on their and each of their parts and behalf are to be kept and performed according to the true intent and meaning of these presents. That they, the said McTavish, Frobisher & Company as aforesaid, their and each of their executors, administrators and assigns, shall and lawfully may peaceably and quietly have, hold, occupy and enjoy all and singular the premises and appurtenances hereby demised or intended so to be during the full term hereby granted, without any molestation or interruption whatsoever of or by the said William Grant, Peter Stuart and Thomas Dunn, or either of them, their or either of their executors, administrators or assigns, or any of them, or any person or persons lawfully and equitably claiming or to claim under them, or any of them, or by or through their or any of their acts, means, consent or procurement.
And it is further agreed between the said parties to these presents that the said McTavish, Frobisher & Company shall have and take on their account all such goods, wares and merchandise, provisions, vessels and other effects and moveable property as are now upon or belonging to the different posts in the said Seigniory of Mingan, agreeable to an inventory thereof to be made by Mr. Keable Sargeant, appointed by the said William Grant, Peter. Stuart and Thomas Dunn, and Mr. Alexander Fraser, appointed by the said McTavish, Frobisher & Company, who are now returned from the said posts, deducting therefrom such part of the said goods, merchandise, provisions and other effects and moveable property as the clerk and servants now in the service of the said William Grant at the said posts may take therefrom prior to the commencement of the present lease. And the said McTavish, Frobisher & Company do hereby agree to take the said goods, merchandise, provisions, vessels and effects and moveable property, and pay for the same unto the said William Grant, Thomas Dunn and Peter Stuart at and after the same rate and manner and at the same term for payment as they the said McTavish, Frobisher & Company received, took and paid for the goods, merchandise, vessels and effects and moveable property remaining on the posts of the King's Domain at the commencement of their lease of the said posts. And the said McTavish, Frobisher & Company do hereby agree to take and receive from the said William Grant a certain quantity of goods he imported this year from England, amounting by invoice to fourteen hundred pounds sterling or thereabouts, and to give the said William Grant bills of exchange on London in October next payable in one year after date for the amount thereof, together with interest thereon from the fifteenth day of March next to the time the said bills will become due and payable, but the said goods are to remain in the possession and at the risk of the said William Grant until the first day of October next, unless the said McTavish, Frobisher & Company should make a demand for

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any part thereof sooner, in which case the whole is to be at the risk of the said McTavish, Frobisher & Company.
And lastly, the said William Grant doth hereby promise, bind and oblige himself to procure the consent and ratification of the said Peter Stuart and Thomas Dunn to the several covenants and agreements herein contained, the same to be executed at Quebec before two Notaries Public within one calendar month from the date hereof on the counterpart of these presents, and an attested copy of said consent and ratification to be transmitted to the said McTavish, Frobisher & Company as soon as the same shall have been so executed, to be annexed to the minute of record of these presents.
And for the due execution whereof and all its dependencies the said parties have elected their domiciles at their respective places of abode above mentioned, at which places, &c., notwithstanding, &c., for thus, &c., promising, &c., binding and renouncing, &c.

Done and passed at Montreal aforesaid at the counting house of the said McTavish, Frobisher & Company, in Saint Gabriel Street, on the ninth day of September, in the year one thousand eight hundred and three, and signed, the parties present with us Notaries, these presents, after being duly read.

(Signed,)WILLIAM GRANT,
SIMON McTAVISH,
JOHN GREGORY,
W. McGILLIVRAY, for self and for
DUNCAN McGILLIVRAY,
WILLIAM HALLOWELL,
ROD. McKENZIE.

(Signed,)J. BTE. DESEVE,
Notary.

(Signed,)J. G. BECK,
Notary Public.

[1927lab]



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