Land Grant Liber 7 Folio 313 to Lawrence Barrett, Lot 19, 1797. Unknown, and unlikely, relationship to Thomas Barrett, also of Lot 19. The Feast of Saint Michael is September 29.
Capitals as in text.
TO ALL TO WHOM these presents shall come, I, Edmund Fanning, LLD, Lieutenant Governor and Commander in Chief in and over His Majesty's Island of Saint John and the territories thereunto adjacent, Chancellor of the same, etc., etc., send Greeting:
WHEREAS Walter Patterson and John Patterson of the Island of Saint John aforesaid, Esquires, being owners and proprietors of a certain Township or Lot of Land in the said Island of Saint John distinguished and known by Township or Lot Number Nineteen, did together with divers other persons, owners and proprietors also of Lands in the said Island, make certain proposals to the Right Honourable Lord North, then one of His Majesty's principal Secretaries of State, therein setting forth that
WHEREAS many of the Loyalists then at New York did prefer a Settlement on this Island to one in Nova Scotia and they, the said proprietors, being very desirous of Encouraging such a preference and of affording an asylum to those deserving fellow Subjects, did Engage for themselves or as attorneys for others, to grant as they hold of the Crown and in the same proportion to each family as the other Loyal Emigrants received in the said Province of Nova Scotia, one-fourth part of the quantity of Lands placed opposite to their names respectively and which the said Loyalists or Loyal Emigrants should receive upon their Arrival at Charlotte Town in the said Island by application to the Governor and Council as in and by the said proposals (reference thereunto being had) may more fully appear and which proposals His Majesty was afterwards most graciously pleased to approve of; AND
WHEREAS, Lawrence Barrett of the Island aforesaid is one of the said description of deserving Subjects and hath had the part or portion of the said Lot or Township of Land hereinafter described laid out and allotted to him by the direction and order of Walter Patterson, Esquire, His Majesty's late Lieutenant Governor of the said Island and His Majesty's thereof,
NOW, KNOW YE that I, the said Edmund Fanning by virtue of the power and authority in me vested by his present Majesty King George the third under the Great Seal of Great Britain and also by virtue of one Act of the General Assembly of the said Island made and passed in the Thirtieth Year of the reign of his said Majesty, Instituted AAn Act to Empower the Lieutenant Governor to give grants of Lands under the Great Seal of this Island to such Loyalists and disbanded Troops as are in the occupation thereof by virtue of Locations@ formerly made by the Governor and Council,
HAVE GIVEN, granted and confirmed and by these presents, Do give, grant and confirm unto the said Lawrence Barrett, his Heirs and assigns,
ALL THAT piece or parcel of Ground situate, lying and being in the Parish of Saint David in Prince County in the Island aforesaid being parcel of the said Lot or Township Number Nineteen bounded as follows, that is to say, on the North by a line running due East until it meets the Eastern Boundary line of several fifty acre Lots which front on Wilmot Creek and been located to Loyalists or Loyal emigrants, on the west by Wilmot Creek aforesaid, and on the South by a line running parallel to the first, making and Including fifty acres of Land and is Number Twelve, and also all that other piece or parcel of Ground situate and being in the same Parish and County and parcel of the said Township, bounded on the North by a line running due East Thirty-six chains and seventy-six links, being part of the Northern boundary line of the located Land, on the East by a line running south Sixty-eight chains and thirty links; on the South by part of the Southern boundary line of Lot Number Nineteen, Thirty-six chains and Seventy-two links, and on the West by a line due north Sixty-eight chains and thirty links and containing two hundred and fifty acres and numbered Four, and in the whole, three hundred acres of Land and which hath such shape, form and marks as appears by a plan or map hereunto annexed together with all Woods, Underwoods, Timber and timber Trees, Lakes, Ponds, fishing Water, Watercourses, profits, Commodities, Appurtenances, and Heriditaments, whatsoever, thereunto belonging or in any wise appertaining together also with privilege of hunting, hawking, and fowling in and upon the same, and mines and minerals, saving and reserving nevertheless to his said Majesty, his Heirs and successors all white pine Trees (if any shall be found thereon) and also saving and reserving to his said Majesty, His Heirs and successors, all Mines of Gold, Silver, Copper, Lead and Coal;
TO HAVE AND TO HOLD the said parcel or Tract of Land and all and singular other Premises hereby granted unto the said Lawrence Barrett, his Heirs and Assigns forever in free and common soccage. The said Lawrence Barrett, his Heirs and Assigns, yielding and paying therefore unto his said Majesty , his Heirs and Successors or to his Governor General for the time being or to his deputy or deputies for the time being, yearly, that is to say, on the Feast of Saint Michael in every year at the rate of two shillings for every hundred acres and so in proportion, according to the Quantities of acres hereby granted; the same to Commence and to be payable from the said feast of Saint Michael which shall first happen after Expiration of Ten Years from the date hereof;
PROVIDED ALWAYS, and this present grant is upon Condition that the said Grantee, his Heirs and Assigns, shall and do within three years from the date hereof for every fifty acres of plantable land hereby granted, clear and work three acres at least in such part thereof as he or they shall judge most convenient and advantageous, or else to clear and drain three Acres of Swampy or Sunken ground or drain Three Acres of Marsh if any such be contained therein, and shall and do within the time aforesaid, put and keep upon every fifty acres thereof of accounted Barren, three neat cattle and continue the same thereon until three acres for every fifty acres be cleared and Improved, and if there shall be no part of the said Tract of Land fit for present Cultivation without manuring and cultivating, the same; he or they within the time aforesaid shall be obliged to Erect on some part of his Land one good dwelling house to be at least twenty foot in length and sixteen foot in breadth, and to put on his said Land the like number of three neat cattle for every fifty acres, or otherwise, if any part of the said tract shall be stony or rocky ground and not fit for planting or pasture, shall and do with Three Years as aforesaid, begin to Employ thereon and Continue to work for three years thence next ensuing in digging any Stony Quarry or mine, a good and able Man for every fifty acres, it shall be accounted a difficult Cultivation and Improvement,
PROVIDED ALSO that every three acres that shall be cleared and worked or cleared or drained as aforesaid shall be accounted a sufficient .......(?)Cultivation and Improvement to save forever from forfeiture fifty acres of Land in any part of the Tract hereby granted and the said grantee, his Heirs and Assigns be at liberty to withdraw his or their stock or forbear working in any quarry or mine in proportion to such Cultivation and Improvement as shall be made upon the said plantable Lands, Swamps, Sunken Grounds, Marsh, therein contained;
AND if the said rent, hereby reserved, shall happen to be in arrears or unpaid for the space of One Year from the time it shall become due and no distress can be found on the said Lands, Tenements or Hereditaments hereby granted, or if this Grant shall not be duly registered in the Registry Office of the said Island of Saint John within six months from the date hereof, and a docket also Entered in the auditor's Office of the same, then this Grant shall be void and the said Lands and Hereditaments hereby granted and every part and parcel thereof shall revert to the said Walter Patterson and John Patterson, their Heirs and Assigns, as their former Estate and Inheritance;
AND IT IS HEREBY Covenanted and agreed by and between the parties above mentioned that if the Land hereby granted and conveyed unto the said Lawrence Barrett and his Heirs as aforesaid, shall at any time or times come into the tenure and possession of any person or persons whatsoever, Inhabitants of the said Island either by virtue of any Deed of Sale, Conveyance, Enfiefment or Exchange or by gift, Inheritance, Descent, Devise, or Marriage, such person or persons being Inhabitants as aforesaid shall within Twelve Months after his or her Entry and possession of the same, take the oath appointed by Law and make and subscribe the following Declaration, namely:A I,......... do promise and declare that I will maintain and defend to the utmost of my power the Authority of the King in his parliament at the Supreme Legislature of the Island@ before some one of the Magistrates of the said Island and such Declaration and Certificate of the Magistrates that such oaths have been taken shall be recorded in the Secretaries Office of the said Island within two months after taking and making and subscribing the same;
IN DEFAULT of which this present Grant and every part and Condition thereof shall be void to all intents and purposes, and it shall and may be lawful to and for the said Walter Patterson and John Patterson, their Heirs and Assigns, again to enter upon and repossess the Lands hereby granted, and every part and parcel thereof of any thing herein contained to the Contrary, notwithstanding.
IN WITNESS whereof, I have signed these presents and caused the Seal of the Island to be thereunto Affixed at Charlotte Town in the said Island, this Thirtieth day of September in the Thirty-sixth Year of the reign of our Sovereign Lord, George, the Third, by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith and so forth, in the Year of our Lord, one thousand, seven hundred and ninety-six.
By His Excellency's Command: Peter Macgowan, D. Secty
Registered the Twenty-First Day of March, 1797
It is expected that in case the Grantee of this Land
should at any time be Inclined to dispose of the premises that the sale
should be made to the Proprietor of the Lot or half Lot, he or his
Agent giving as much as any other person will do as a
consideration for the same.