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On this the thirteenth day of August in the year of Our Lord one thousand eight hundred and fifty five. Before the undersigned Public Notaries duly commissioned and sworn in and for that part of the Province of Canada formerly constituting the Province of Lower Canada, residing in the City of Montreal in the said part of said Province. Personally came and appeared Dame Philadelphia Ann Wishart, at present residing at Edinburgh in Scotland, widow of the late William Macnider, in his lifetime of the said City of Montreal, Esquire, physician and surgeon, acting herein by David Davidson of the City and District of Montreal, Esquire, law attorney, duly and specially authorized as such by order of procuration under and executed at Montreal aforesaid, the twenty seventh day of June one thousand eight hundred and fifty five before Ross and colleague, Notaries Public also declared to have bargained, sold assigned, transferred and made over and she doth hereby bargain, sell, assign, transfer, convey and make over with promise of warranty against all gifts, dowers, mortgages, substitutions, alienations and other hinderance unto Archibald Ferguson and David Ferguson, both of the said city of Montreal, Esquires, parties hereto present and accepting purchasers for themselves, their heirs, executors, administrators and assigns all that part of the said Seigniory de Peiras or Metis known as Little Metis, extending three miles and eleven arpents thereabout in front along the River St. Lawrence by six miles or thereabout in depth, bounded in front by the River St. Lawrence, in rear by an unconceded tract of land, on one side by the Township Macnider _______________ and on the other side by that part of the said Seigniory of de Peiras or Metis known as Grand Metis, the property of the said purchasers without warranty as to precise measure together with all the members and appurtenances, mills, privileges and all other feudal and seigniorial rights, dues, duties, claims, demands and pretensions which are or may be legally made, # or maintained, excepting always the right of the said vendor to collect and get in all arrears of seigniorial dues and duties, rents, issues and profits due up to the first day of December one thousand eight hundred and fifty one _____________with all such manorial houses, outhouses, wharves, bays and rights of ways, deeds and tenements as belong to or form a part of the Seigniorial domain hereby sold as aforesaid with right of sucession by all legal ways and means against any Censitaire or Censitaires within the limits of the Seigniorial territory aforesaid under any concession or other deed orinstrument for rights, rents and dues to accrue from the said first day of December one thousand eight hundred and fifty one, but without warranty, and against all occupation of land therein also without warranty, with all, which the said purchasers, declared themselves perfectly satisfied, having seen and viewed the same and being themselves in the actual possession as proprietors of the remaining portion of the said Fief and Seigniory of De Peiras or Metis, without reservation of any part or portion of the said seigniorial domain or the part of the said vendor but as fully and effectually as she the said vendor could have, hold or exercise the same or any part thereof the said vendor being lawfully seized thereof by good and sufficient title, having acquired the same as follows; that is to say: by virtue of the last will and testament of the said late William Macnider and the agreement, arrangement de famille or acte de partage made and entered into between the said vendor and John Macnider of Huntingdon in the District of Montreal, Esquire, from whom the said purchasers acquired the said remaining portion of the said Fief and Seigniory of De Peiras or Metis, the said agreement executed on the day of one thousand eight hundred and before and colleagues, Notaries Public. |
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To have, hold, use and enjoy the said land of the said Seigniory of De Peiras called Little Metis and all the rights, feudal, honourary or lucrative to the same in anywise belonging to or appertaining en plein propriété together with all the seigniorial and feudal rights as the Seigneur dominant ....... and as fully as the said Dame Philadelphia Ann Wishart might or could hold, have and enjoy the said Seigniory en Seigneurie, together with all and every the members and appurtenances, mills, privileges, droit de banalité, droit de corvée, droit de cens et rentes, droit de lods et ventes, droit de rétrait, droit de Foi et Homage, piscatory and all other feudal or seigniorial rights, demands, claims and pretensions of ^ nature, name or kind soever which are or may be legally made, exercised or maintained together with all such manorial houses, outhouses, wharves, quays, rights of way, lands and tenements belonging to the said vendor within the limits of the said part of the Seigniory of de Peiras called Little Metis, or which the vendor may legally have, had or claimed had their .......................have been executed and all and singular the rights such as can be vested by the said vendor under and by virtue of the original concession deed from the Crown of France bearing date and executed at Quebec aforesaid, the sixteenth day of May one thousand six hundred and seventy five, to Jean Baptiste de Peiras, one of the then Sovereign Council of Quebec and under and by virtue of all other subsequent acts and deeds in anywise referring to or concerning the said part of the said Seigniory of de Peiras called Little Metis with the said Archibald Ferguson and David Ferguson, their heirs, executors, administrators and assigns forever. The present grant, bargain and sale is thus made subject to the conditions in the original concession from the Crown of France and by law required to be observed and in consideration of the price or sum of eight hundred and fifty pounds currency whereof the said purchasers have paid the vendor the sum of three hundred pounds currency together with interest accrued from the first day of December one thousand eight hundred and fifty one, the day on which the property presently conveyed was wholly sold to the said purchasers, the receipt whereof is hereby acknowledged leaving a balance of five hundred and fifty pounds currency balance the said purchasers for themselves, their heirs, executors and assigns promise and agree jointly and severally solidairement to pay to the said vendor, her heirs, executors or assigns as follows, to wit: one hundred pounds currency on the first day of December one thousand eight hundred and fifty five, two hundred pounds currency on the first day of December one thousand eight hundred and fifty six, and finally two hundred and fifty pounds currency on the first day of December one thousand eight hundred and fifty seven. The whole with interest ............. payable annually until next payment of the whole of the said capital and interest. |
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| Page 6. | And for security payment of the said balance of five hundred and fifty pounds currency and interest aforesaid, the said Archibald Ferguson and David Ferguson do hereby consent and agree that the said Seigniory hereby sold and herebefore described shall be and remain mortgaged and hypothecated, and they do hereby obligate, mortgage & hypothecate the same unto and in favour of the said vendor, her heirs, executors, administrators and assigns with the privileges of bailleur de fonds. And in consideration of the premises, the said vendor doth hereby transfer and make over to the said purchasers, their heirs, executors, administrators and assigns all rights of property, claims, title, interest, demand, seizin, possession and other rights whatsoever which she, the said vendor can have, own and pretend, of, in, to, or conceding the said seigniorial territory, hereby bargained, sold and conveyed excepting all arrears of rents, dues and duties upon the first day of December, one thousand eight hundred and fifty one. | ||||
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Which right is expressly reserved to the said vendor, her heirs, executors, administrators and assigns, the said vendor concenting that the purchasers shall be and remain seized and possessed with the full and entire possession of all and every the property, claims, demands, dues, duties, rents, issues and profits hereby sold as of right, and to that end, she doth hereby constitute them her lawful and true attorney and attorneys, for thus, &c. And for the execution of these presents the said Notaries have elected their domicile at their respective residences above mentioned, where &c. And for the enregistration of these presents the said parties hereto constitute and appoint the bearer of an authentic copy hereof their and each of their lawful attorney and attorneys that shall so have &c the promises, &c, obligations &c, ............, &C. Done and passed at the said city of Montreal in the office of John Carr Griffin, on of the said notaries on the day, month and year first above written in the afternoon with the number twelve thousand nine hundred and signed by the said parties with us, the said Notaries after these presents first duly read conformably to law. Four renvois first appended and three words first obliterated are nil. |
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Philadelphia Ann Wishart
by her attorney,
Davis Davidson Archibald Ferguson David Ferguson John C. Griffin |
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On this ninth day of January in the year of our Lord one
thousand eight hundred and fifty eight, again appeared before
the same and undersigned Notaries, Dame Philadelphia Ann
Wishart, Thus done and passed at the said City of Montreal in the day, month and year first above written in the forenoon, and signed by the said Dame Philadelphia Ann Wishard by her said attorney with us the said Notaries after being duly read, whose presents to remain of record in the office of John Carr Griffin, one of the undersigned Notaries under the number fifteen thousand three hundred and twenty. four words first struck out are null |
Philadelphia Ann Wishart,
by her Attorney.
David Davidson John Carr Griffin. |