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C

No. 1331.

SHERIFF'S DEED OF FISHING POSTS BETWEEN ITAMAMIOU AND ANSE STE. CLAIRE, TO RICHARDSON, et al,

30 APRIL, 1808.

IN THE PRIVY COUNCIL. ON APPEAL FROM THE COURT OF THE QUEEN'S BENCH FOR LOWER CANADA, 1892, pp. 429-431.

THIS INDENTURE made the thirtieth day of April, in the year one thousand eight hundred and eight, between James Shepherd, Esquire, Sheriff of the District of Quebec, in the Province of Lower Canada, of the one part, and the Honourable John Richardson, residing at Montreal, Patrick Langan, William Burns, John William Woolsey, and Matthew Lymburner, residing in Quebec, both in the said Province of Lower Canada, of the other part.

Whereas His Majesty's writ of execution bearing date the fifth day of November, one thousand eight hundred and seven, issued out of the Court of Queen's Bench holding Civil Pleas for the said District, at the suit of Lawrence Brickwood, John Brickwood, the younger, James Daniels, Joseph Todhunter and Edward Colson of the City of London, merchants, and co-partners against the Estate and Succession of William Grant, late of Quebec, Esquire, deceased, in the hands and possession of the Honourable John Richardson, Esquire, curator to the vacant succession of the said William Grant, and also of Charles William Grant, of Quebec, Esquire, the said William Grant in his lifetime and the said Charles William Grant being co-partners in the Labrador Fisheries, directed to the Sheriff of the said District, which writ was on the seventeenth day of November, one thousand eight hundred and seven, delivered to the said James Shepherd, Sheriff, as aforesaid, to be executed ; in virtue whereof the said Sheriff did seize into his hands and take into execution as belonging to the said William Grant, deceased, and the said Charles William Grant, all such rights, estate, title, interest, property, claim, and demand whatsoever as the said William Grant and the said Charles William Grant, or either of them, had or have or ought to have in and to all the fishing posts and establishments on the Coast of Labrador, district of Quebec, Province of Lower Canada, occupied and possessed by the said William Grant, and Charles William Grant, for the purpose of carrying on Sedentary Seal and Salmon fisheries and other exploitations extending along the said coast, at and from the river and Posts of Itamamioux, inclusive down to the Post and Bay of Lance St. Clair and

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dependencies, inclusive in the Straits of Belleisle, particularly all such rights, estate, title, interest, property, claim and demand whatsover as the said William Grant and Charles William Grant, or either of them, had or have or ought to have in and to the Posts of Little Mecatina, Great Mecatina, with large island, Kecaponi, St. Augustin and Chicataca, with all their dependencies which are sedentary seal fisheries, and which together with their sedentary salmon fishing posts of Lake Sally and Big Island, adjoining the River St. Augustin, all situated within the bounds of the seigniory of the Isles and Islets of Mingan. Also in and to the sedentary seal fishing posts of Mutton Bay, with Mutton Harbour, and of Tabatiere, with their dependencies, which are situate partly on the seigniory aforesaid and partly on the main land. Also in and to the sedentary salmon fishing posts of Itamamioux and St. Augustin, on the respective rivers so called, with all their dependencies which are situated on the mainland. Also and lastly, in and to the following posts situated at or near the Straits of Belleisle, that is to say the establishment and Posts of Brador or LaBrador, with Bay and harbour of that name, and islands, in such manner and with all the rights as now held by said William Grant and Charles William Grant, or as has been held heretofore by those from whom they derive with the seal fishery carried on there and all its dependencies, likewise the sedentary seal fishing posts at Lance aux Dunes, Blanc Sablons, and Lance St. Clair, with all their several dependencies, all which sedentary seal and salmon fishing posts are now held and have been held for a long series of years by past uninterruptedly by constant and exclusive right of possession and occupancy by the said William Grant and Charles William Grant, and their predecessors in the fisheries as well of the particular posts as of a space of sundry leagues around each post requisite for their due exploitation, agreeable to the ancient regulations and usages of the province, free of all rent and burthens saving a rent of three per cent. due to the Seigniors of the Seigniory of the Isles and Islands of Mingan, on the gross produce of the seal fisheries, situated within the bounds of that Seigniory. And further all such rights, estate, title, interest, property, claim and demand whatsoever, as the said William Grant and Charles William Grant, or either of them, had or have or ought to have in and to all other posts and places not enumerated within the aforesaid limits on the said coasts, where the said William Grant and Charles William Grant may have possession or effects, as well as in and to all the houses, stores, and buildings erected on and at all and each of the aforesaid posts and places, with all the fixtures, utensils, effects, and implements thereunto appertaining.

And whereas the said Sheriff having so seized into his hands and taken the said premises in execution, did cause the same to be advertised and proclaimed in the Quebec Gazette, and at the Church Door of the Parish of Quebec, according to law to be sold and adjudged to the highest bidder, at the Court house, in the City of Quebec, on Tuesday, the twenty-second day of March, one thousand eight hundred and eight, at two o'clock in the afternoon.

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And the said premises being there put up to sale in the usual manner, at the place aforesaid, the said John Richardson, Patrick Langan, William Burns, John William Woolsey, and Matthew Lymburner, being the last and highest bidders, became the purchasers thereof at the price of two hundred pounds, current money of the Provnice [sic.] of Lower Canada. Now in order to convey the said premises and to confirm the purchase thereof to the said John Richardson, Patrick Langan, William Burns, John William Woolsey, and Matthew Lymburner, at or before the execution hereof in hand paid, the receipt whereof the said Sheriff does hereby acknowledge, and thereof doth acquit and discharge the said John Richardson, Peter Langan, William Burns, John William Woolsey and Matthew Lymburner, their heirs and assigns, hath granted, bargained and sold, and by virtue of the said writ of execution and of these presents doth as much as in him is and he lawfully may grant, bargain and sell to the said John Richardson, Patrick Langan, William Burns, John William Woolsey and Matthew Lymburner, all such rights, estate, title, interest, property, claim or demand, whatsoever as the said William Grant and the said Charles William Grant, or either of them had, have or ought to have in and to the fishing posts, establishments, houses, buildings and premises aforesaid, or in or to any part or parcel of them, or either of them together with their appurtenances, and each and every of them. To have and to hold unto the said John Richardson, Patrick Langan, William Burns, John William Woolsey and Matthew Lymburner, their heirs and assigns to the only proper use, benefit and behoof of them the said John Richardson, Patrick Langan, William Burns, John William Woolsey and Matthew Lymburner, their heirs and assigns forever, under such rent, duties and services as the said premises are subject to.

In witness whereof the said parties have hereunto interchangeably set their hands and seals on the day and year first above written.
(Signed).JAS. SHEPHERD, (L.S).

Sealed and delivered in the presence of
(Signed).D. MUNRO,
PATRICK STOBELLBEN.

I do hereby certify the foregoing to be a true copy of the original as recorded in the registrar's office at Quebec, in the English public register, letter F. page 31, Provincial Secretary's Office.

Quebec, the 20th day of July, 1810.
(Signed).JNO. TAYLOR
Depy. Regr.

[1927lab]


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