By Wayne Foster 

Unpublished Report H D 02

Fortress of Louisbourg

December, 1965

(Note: The illustrations, are available from the Fortress of Louisbourg / 
A noter : les illustrations pourrait être consulter à la
Forteresse-de-Louisbourg.) 

Table of Contents

CHAPTER XI: 1920 - 1930

This period, 1920-1930, was one in which much government activity occurred as the plan of establishing the old fortress site as a national park gained impetus. The Dominion government acquired the lands in the fortress area and outside. The first acquisition was of those lands (69 acres more or less) owned by the Cape Breton Railway, and then in 1928 and 1929 of those lands possessed by private individuals. By 1930 the national park plan was in force and work began on restoration. Of course, with restoration came the necessity of clearing off all those huts, houses and outbuildings formerly occupied by the Old Town residents, except for a couple of buildings to be used for the purpose of a museum. It should be noted again that it was in this period also that the government took the appropriate actions leading to its legal acquisition of the D.J. Kennelly lots. A provincial land surveyor, J.H. Conzdon, prepared a survey map of the "Old Town" of Louisbourg, now available, that indicated the owners of the property and, in instances, the buildings upon the property. This was the survey map used as a basis for the Dominion government's acquisition of the Old Town lands.

A report found in the government files on Fort Louisbourg, made sometime in 1921, by F.H. Williamson, was was investigating historic sites in the Maritime Provinces, states;

There are at present eight or nine houses and holdings belonging to four families of fishermen adjacent to the site of the fortifications but not on the remaining ruins themselves. Later on it may be possible to buy these families out or perhaps better still acquire land elsewhere for them and remove their improvements, getting quit claims from them. At present they graze their sheep and cattle among the ruins, but are not in any way objectionable. [341]

The eight or nine houses and their owners were treated in 1928 in the way Mr. Williamson suggested, as the land transactions of this period will illustrate.

In 1921 the Dominion Government, as requested by the Department of Railways and Canals, obtained the sixty nine acres of the Fortress area possessed by the Cape Breton Railway Company. This Department, in turn, leased the said lands to the Department of the Interior [Canadian National Parks Branch] for "historic memorial purposes". [342]

The Cape Breton Railway lands, obtained in 1902 by the said railway, were not completely without utility, according to a report of 24 March 1921. The Deputy Minister of Railways and Canals described the use to which nearby occupants put them, as well as structures that existed on the property, in these words:

On March 24th, I, personally, visited the site and found that a number of the parcels of the land had been fenced in, and are being used for pasture land or raising of hay, and four small buildings are located on the property and being used as follows:

Pasture and Hay land - These are irregular plots and bear no relation to the original parcels as described in the deeds [of 3 and 4 February 1902].

Lawrence Price 8 ac. approximately 
James Kennedy 1 1/2 ac. approximately
Pierce Pope 5 acr. approximately 
James Pope 1 ac. approx. 
Alfred Powers 1 1/2 ac. approx. 
Richard Powers 2 ac. approx. 
Thomas Buckley 1 ac. approx.

Buildings:

James Kennedy, one small sheep shed and a pig pen encroaching over the boundary between this property [former C.B. railway lands] and his own which is immediately south of it.

At the North End of King Street on the shore are two fish houses about 10 ft. x 12 ft. each belonging to the estate of James Kelly, and apparently are not being used since his death last year. Another small fish house which I am told was in the process of being moved was left temporarily near the last mentioned house. All other buildings on property are in ruins and belong to the property. [343]

In a letter from the warden of the municipality of Cape Breton, H.C.U. LeVatte, to J.B. Harkin, Commissioner, Canadian National Parks, the former stated that there were "about a dozen families living at the Old Fort with comfortable houses". He expressed his hope that these people would receive "generous treatment" when their property was taken from them. [344]

Another report to J.B. Harkin by Thomas Adams, Town Planning Advisor, dated 11 June 1923, mentions the houses on the site, reasons for acquiring them, and work to be done on the site. Specifically, his recommendations were as follows:

The eight or nine houses and holdings that are privately owned should be acquired. This is a good time to do this because of the depression in the fishing industry. I am informed that the property of Miss Caroline Kennedy can now be obtained at a reasonable price.

... The site should be cleared of a great deal of fencing, several buildings and out buildings, and the concrete T-shaped structure, and should be put in as natural a condition as is practicable. The grasing [sic] could still be used but not in such small holdings. [345]

Another description, in 1926, by Clarence J. Webster, a man who worked hard to persuade the Dominion Government to develop Louisbourg as an historic site, gives the following depiction of the badly decayed historic city:

At the present day the site of the old town is a dreary waste, occupied by less than a dozen humble farmer-fishermen. There is not a trace of the old town, save where heaps of rubbish mark the old foundations. Some of the old streets may be outlined. Their ruined walls and bastions are easily traceable. The old water front has almost entirely disappeared save for a few piles which had withstood the ravages of time ... [346]

By 1928 most of the Old Town lands had been acquired by the Dominion Government, except for two parcels, which were obtained the following year. An Honorary Superintendent was appointed, as well as a day laborer in the person of a Mr. Price, previous Care-taker. The latter was to be employed in such tasks as removing all the fences in the area and burning them, in building a fence from the Barrachois to the ocean, in constructing a gateway across the road, and installing chemical toilets in the James Kennedy house, which was preserved as a temporary museum. [347] The other house preserved was that of Lawrence Price.

By 1931 the Department of the Interior controlled the following amounts of property, consisting of Old Town and adjacent lands: [348]

With the acquisition of Old Town by the Dominion Governor, habitation at the historic fortress ceased.

LAND TRANSACTIONS

The land transactions of this period are mostly in the form of conveyance to the Dominion Government of Old Town property for historic site purposes. The Government acquired the Cape Breton Railway lots, the Louisbourg Memorial [Kennelly] lots, and the land of those individuals owning the remaining portions of Old Town. By 1930 restoration work was underway at the site, and Louisbourg was at long last being developed for national historic significance.

The James T. Kelly land in Old Town passed at his death to his wife, Mary, who was named as Executor of his will, dated 23 April 1920, and probated 13 July 1920. She also was the sole heir of his real estate. There was a provision, however, that should his son, James Kelly, support the said Mary Kelly, then the property at his wife's death was to go to the said son James. [349] The property in question was the nine and two tenths acres acquired by Crown Grant, 5 September 1902, "excepting and reserving thereout all those lots of land conveyed by deeds from James T. Kelly and wife to the following parties, namely: Ellen Cryer by deed dated February 27th 1903; David J. Kennelly, by deed dated October 17th 1904". [350]

On 30 August 1920 Michael Pope, merchant, and his wife, Catherine Pope, conveyed to Pierce Pope of Old Town, pilot, a lot of land:

at Old Town, so called, on the western side of the Main Road, thence running in a westerly direction, two hundred and ten feet to the Pond, and thence in a northerly direction to the boundary of land occupied by James Pope; thence in an easterly direction one hundred and thirty feet to Caroline Kennedy's property; thence in a southerly direction parallel with the Main Road fifty feet; thence in a easterly direction eighty feet to the Main road, thence in a southerly direction along the western side of the said Main road forty-two feet to the place of beginning. [351]

This lot, although identified as being at Old Town, seems, from the directions given, to be situated in the Western Harbor area, and not on the Fortress site.

On 21 August 1923, Margaret E. Coady, widow of New Waterford; Ann Price, then of New Waterford; Mary Price then of Boston, Mass., U.S.A.; and Henrietta Price, known as Sister Mary Thecla of Antigonish, Nova Scotia, Heirs-at-law under the will of Philip Price, deceased, sold to James Price of Louisbourg, also heir-at-law, under the will of his father Philip Price, any claim to that land in the district of Louisbourg described as follows:

Beginning on the southern side of the monument road at a post, thence running in a southerly direction seventy seven feet; thence south eighty three degrees East thirty four feet, thence parallel to the first mentioned line seventy-two feet and thence along the southern side of the monument road twenty eight feet to the place of beginning, and marked "E" on the plan of the division of the Philip Price property, and containing 2343 feet by calculation. Also that lot marked "E" on the Northern side of said Monument road; commencing on the Northern side of said Monument road at a post and running in a northerly direction Eight [sic] three feet to the northern boundary of property of Philip Price estate, thence North seventy six degrees west along said boundary sixty two feet, then North seventy six degrees west along said boundary sixty two feet, thence in a southerly direction to the northern side of said Monument road, and thence Easterly along the said road sixty two feet to the place of beginning. Containing by calculation 5760 square feet. Also Lot "C" on the said plan of the property belonging to the Philip Price Estate, Beginning on the North side of the Monument road at a post at the boundary of the Homestead lot, and thence running in a northerly direction along said homestead lot Eighty three feet, thence south seventy six degrees East one hundred and two feet and six inches to Lot marked "B" thence in a southerly direction along the boundary of lot "B" Eighty three feet to the northern side of said Monument road and thence westerly along said road to the place of beginning, containing 8507 feet by calculation ... [Unfortunately, the plan referred to is not available]. [352]

Again on 17 July 1925, the aforesaid heirs of Philip Price - Margaret E. Coady and Annie Price, both of Louisbourg; Henrietta Price (now known as Sister Mary Thecla) of Antigonish; and Mary Price of Dorchester, Mass., U.S.A. - sold to James Price of Louisburg that lot of land in Old Town:

Beginning on the western side of King Street, thence running in a northerly direction one hundred and four feet along the Western side of King Street to the boundary of James O'Leary property, thence southerly along the Price property eighty three feet to the Monument Street thence Easterly along the Northern side of Monument Street one hundred and forty seven feet five inches to the western side of King Street the place of beginning. The said property marked Lot "B" on the plan of the Philip Price property ... [353]

The Dominion Government began acquiring Old Town Louisbourg lands in 1921, although no clearly defined plans seem to have been considered with respect to the restoration of Louisbourg. A survey of the lands, however, was carried out for the government by J.H. Congdon, a Provincial land surveyor, and a search of the titles of the land in Old Town was completed in 1922. Nevertheless, it was not until 1928 that some type of policy was considered by the Dominion Government for the "old fortress". When some plans had been laid the government acquired the remaining lots in Old Town.

The first acquisition was of those lots in the possession of the Cape Breton Railway Company by right of grant dated 4 March 1902. On 13 May 1921 the said railway [incorporated under the provisions of chapter 126 of the acts of the Legislature of Nova Scotia, 1899, and amending acts] conveyed to the Crown, as represented by the Minister of Railways and Canals of Canada, that property consisting of the following:

a water lot, or lot of land covered with water ... bounded as follows: Beginning on the southern shore of Louisbourg Harbor, at the North West angle of a tract of land this day [1902] granted to the said Cape Breton Railway Company Ltd., being part of the Old Town of Louisbourg; thence running North fifty four degrees East, one hundred and sixty-five feet; thence north thirty seven degrees East three hundred and thirty five feet; thence Easterly and South Easterly parallel to the shore, two thousand six hundred feet; thence South Twenty-eight degrees west five hundred feet, more or less, to the shore; thence westerly by the shore at high water mark, two thousand seven hundred and twenty feet, more or less, to the place of beginning.

Also all that lot of land containing about sixty acres Beginning on the shore of the Atlantic Ocean at the South East angle of eleven acres occupied by Lawrence Price and others in the District of Louisburg; thence running north thirty-eight degrees West, sixteen chains and ninety-three links; thence North seventy-three degrees west - three chains and ninety links; thence North seventy-two degrees west nine chains; thence north sixteen degrees East two chains, and seventy links; thence north thirteen degrees East four chains and twelve links; thence north thirty six degrees west one chain and forty links; thence North thirty Seven degrees East to the Southern shore of Louisbourg Harbour; thence Easterly, south Easterly, southerly and South Westerly by the shore of said Harbour and the Shore of the Atlantic Ocean at high water mark, to the place of beginning; reserving thereout the lot marked "A" on the annexed plan [none], which was granted to Patrick Kennedy on the twenty-sixth day of September A.D., 1909 [sic - 1899] ... [354]

The Dominion Government also acquired the said Patrick Kennedy grant, marked A, being that lot transferred to the Railway by Kennedy on 3 February 1902. The lot in question consisted of 5.73 acres and was that lot lying east of King Street. [355] The total thus acquired was 69.31 Acres, which the Department of Railways and Canals leased to the Department of the Interior for historical development purposes in 1923. [356]

Also obtained by the Crown were two parcels of land owned by the Trustees of the Louisbourg Memorial, left to them by D.J. Kennelly for the development of the Fortress site. By an act of Parliament the Trustees were able to convey them to the Government sometime in the mid-1920's. Parcel 27 on the Congdon map was one of the lots being situated in the Old Town, a short distance south easterly of the southern casemates, consisting of 1.67 acres and bounded thus:

Beginning at the south-east corner of the property now owned by James Price et al, on King's Road, said corner being 13 degrees to 20 minutes West and distant 42.8 ft. from the southern boundary of Monument Street, at its junction with Kings Road, thence following a crooked fence said fence being the westerly boundary of Kings Road, southerly (approximately South 11 degrees West) 300 feet more or less or until it meets the boundary of property owned by Mary and James Kelly and Ellen Cryer, thence following the said boundary of the Kelly-Cryer property North 55 degrees and 54 minutes West of land under water a distance of 350 feet more or less to a large rock on the western shore of a small pond thence by the eastern boundary of the Kelly-Cryer property of land owned by the Trustees of the Louisbourg Memorial Historical Monument North 19 degrees and 20 minutes East a distance of 138 feet thence following the southern boundary or property by the Trustees of the Louisbourg Memorial Historical Monument and James Price et al, South 84 degrees and 30 minutes East, a distance of 307 feet more or less to the point of beginning. All bearing magnetic 1922.

Parcel 28, another of the Kennelly lots, consisted of .73 acres and was bounded as follows:

Commencing at a point marked by a stake driven where the south line of the New County road leading to the Louisbourg monument cuts the fence of the land owned by D.J. Kennelly, thence along said fence easterly 93 feet more or less to a point, marked by a stake, thence southerly thirty feet more or less to a point marked by a stake at the south west corner of land owned by James Kelly, thence easterly two hundred and sixty four ('264) feet to the corner post of land owned by the said D.J. Kennelly, where it meets the south west corner of the fence of land owned by Philip Price, thence northerly along said fence of Philip Price to a stake at the south side of the new county road thence westerly along said south side of New Country road to the place of beginning. [357]

These parcels were the lands Kennelly bought from Philip Price, John Kehoe and James Kelly on 7 October 1903; 1 December 1903; 24 July 1905; 11 October 1905; 1 September 1905; 3 October 1904; 17 October 1904.

The Dominion Government seems also to have obtained that small portion of property purchased for the Colonial War Memorial. The total number of acres possessed by the Louisbourg Memorial Association and the Colonial War Memorial amounted to only 2.40 and was donated by the respective societies concerned. [358]

Before describing the 1928 and 1929 purchases of the Dominion Government, some further land transactions by the inhabitants of Old Town should be considered.

On 10 January 1926 Henrietta Kennedy of Louisbourg, widow of Dennis, conveyed to her son, James Kennedy of Louisbourg, that lot of land situated in Old Town:

commencing at the South West corner of land owned by the Cape Breton Railway Company Ltd. the Eastern side of a read or King Street so called, thence running S. 70^o E. along the line of the said Cape Breton Railway's Company's land one hundred feet: thence in a southerly direction parallel with King Street one hundred feet to the Eastern side of said street and thence in a northerly direction along said King Street one hundred and fifteen feet to the place of commencement, and containing eleven thousand five hundred square feet by calculation, being a portion of land granted to Lawrence and Philip Price as per deed to the within mentioned Henrietta Kennedy from Lawrence and Philip Price and recorded at Registry of Deeds Office, Sydney ... February 20th, 1903 and recorded in Book 10 on pages 560 to 561 and 562. [359]

In 1928, as previously mentioned, the Dominion Government, as represented by the Minister of Interior, began to acquire from Old Town owners the property they possessed. The first conveyance to the Crown occurred on 5 July 1928 when James Price, Engineer, of Louisburg, acting on his own behalf and as Attorney for Henrietta price, Mary Price, Annie Price, and Margaret Cody (nee Margaret Price), heirs-at-law of the late Philip price [as was the said James Price], conveyed to the Dominion Government that property left by the will of Philip Price, dated 8 January 1914, and registered in the Probate Office at Sydney, to the above named James Price, Margaret Cody, Mary Price, Henrietta Price and Annie Price, "share and share alike". The above named sisters granted James Price full power as their attorney to sell the said land to the Dominion Government. The land in question was that situated on the site of Fort Louisbourg.

Beginning on the Western side of King Street ... thence running north eighty degrees fifteen Minutes West four chains and fifty links; thence North fifty six degrees West one chain and forty seven links; thence north eighty nine degrees West two chains; thence north fifty one degrees West two chains and fifty three links; thence North seven degrees East one chain and Sixty one links; thence South Seventy eight degrees thirty Minutes East Nine chains and Seventy five links; thence North five degrees East thirty five links; thence South Seventy five degrees thirty minutes East Seventy links to King Street, so called; thence in a Southerly direction along the western side of King Street, so called, to the place of beginning as per grant of land to Lawrence and Philip Price dated the 21st day of April A.D. 1902, and recorded in Registry of Deeds Office, Sydney, 28th day of November 1902 in Grant Book "F", page 121. [360]

On 21 August 1928 Catherine Buckley of Fort Louisburg, widow, conveyed to the Dominion Government that lot of land at Fort Louisburg:

Commencing at the south-East corner of land of James Kennedy (parcel 6): thence running South seventy-three (73^o) degrees East along the line of lands formerly owned by the Cape Breton Railway now visited [sic] in the Crown, one hundred feet; Thence in a southerly direction parallel with King Street, so called, one hundred and fifteen feet; thence North seventy-three degrees (73^o) West one hundred feet to the western line of said land of James Kennedy, thence in a northerly direction along the eastern boundary of the said land of James Kennedy, one hundred and fifteen feet to the place of commencement containing twenty-six one-hundredths (26) acres, more or less, and being parcel numbered seven according to Plan No. 15701-1, prepared by J.H. Congdon, Provincial Land Surveyor. [361]

This was part of that land owned by Lawrence Price; the said part, however, was sold to Catherine Buckley on 28 November 1906.

On 21 August 1928 Lawrence Price, fisherman, and Annie Price, his wife, of Fort Louisburg sold to the Dominion Government that lot in Fort Louisburg:

Beginning at the shore of the Atlantic Ocean at the South-East angle of lands of the heirs of Catherine Kehoe; thence running North forty-one (41^o) degrees West eighteen chains; thence North eighty-seven (87^o) degrees West two chains and forty-seven links to the Eastern side of King Street so called, thence northerly along the eastern boundary of said street to lands formerly owned by the Cape Breton Railway, now vested in the Crown; thence South seventy-three (73^o) degrees East three chains and forty links; thence South thirty (30^o) degrees East sixteen chains and ninety-three links to the said shore; thence southerly and westerly by the said shore at high water mark by the place of beginning containing five and Seventy-eight one hundredths (5.28) acres, more or less, and being parcel numbered five according to plan No. 15701-1, prepared by J.H. Congdon, Provincial Land Surveyor. [362]

On 21 August 1928, James Kennedy of Fort Louisbourg and Lucy J. Kennedy, his wife, conveyed to the Dominion Government that lot of land in the District of Fort Louisburg:

commencing at the South-West corner of land owned by the Cape Breton Railway Company Limited, on the eastern side of a road, or King Street, so called, thence running South seventy-three degrees East along the line of the said Cape Breton Railway Companies [sic] land one hundred feet; thence in a southerly direction parallel with King Street, so called, one hundred and fifteen feet; thence North seventy three degrees West one hundred feet; thence North seventy three degrees West one hundred feet to the eastern side of said Street; thence in a northerly direction along said King Street so called one hundredths of an acre and being the parcel of land numbered six according to plan number 15701-1, prepared by J.H. Congdon, Provincial Land Surveyor. [363]

On 25 August 1928 Pierce Pope, lighthouse keeper, and James Pope, master mariner, both of Fort Louisburg ... and Elizabeth Pope, wife of James Pope, conveyed to the Dominion Government that lot in the District of Fort Louisburg:

Beginning on the South shore of Louisburg harbour and at the North-East angle of lands granted to Dennis Kennedy, Caroline Kennedy and Ann Kennedy by grant dated November 29th, 1881, thence running south fourteen (14^o) degrees West along the western boundary of said grant five chains more or less to lands granted to Richard Power by grant dated September 5th, 1902; thence South thirty-four (34^o) degrees East one chain and seventy-five links; thence South Fifty (50^o) degrees East three chains; thence South thirty-six (36^o) degrees East ninety links; thence North forty (40^o) degrees East seventy five links to the shore of the harbour; thence north westerly along the shore of the harbour to the place of beginning, containing one and ninety-six one-hundredths acres more or less, and being the parcel of land numbered seventeen according to the plan prepared by J.H. Congdon, Provincial Land Surveyor, reserving thereout the following parcels of land, numbered eighteen and nineteen, according to the said plan, and owned respectively by Caroline Kennedy and Henrietta Kennedy, the said parcel eighteen containing five one hundredths of an acre, more or less, and the said parcel nineteen containing seventeen one hundredths of an acre ... [364]

On 31 August 1928 the said James Kennedy, heir of Henrietta Kennedy, of Fort Louisburg, and his wife, Lucy, sold the Dominion Government another lot of land at Fort Louisburg:

Bounded on the South by the Main Highway leading to Fort Louisburg, on the East by land of Michael Pope, on the west by land formerly owned by John Lorway, on the North by the waters of Louisburg harbor; and being parcel number nineteen, according to a plan of Louisburg, Old Town, No. 15701-1, prepared by J.H. Congdon, Provincial Land Surveyor. [365]

On the same date, 31 August 1928, Michael Pope of Fort Louisburg, merchant, also conveyed to the Dominion Government all the following lots at Fort Louisburg:

First Lot: All that land ... Beginning on the south shore of Louisburg harbor and at the North East angle of lands granted to Dennis Kennedy, Caroline Kennedy and Ann Kennedy by grant dated November 29th, 1881, thence running South Fourteen (14^o) degrees West along the Eastern boundary of said grant five chains more or less to lands granted to Richard Power by Granted [sic] dated September 5th, 1902, thence South thirty four degrees East One Chain and Seventy five links, thence South Fifty degrees East three chains; thence South Thirty Six degrees East ninety links, thence North Forty degrees East Seventy five links to the shore of the harbor, thence North westerly along the shore of the harbor to the place of beginning. Containing One and Ninety Six One hundredths Acres, more or less, and being the parcel of land number Seventeen, according to the plan prepared by J.H. Congdon, Provincial Land Surveyor: Reserving hereout the following parcels of land Number Eighteen and nineteen, according to the said plan, and owned respectively by Caroline Kennedy and Henrietta Kennedy. The said parcel Eighteen containing Seventeen one hundredths of an acre.

Second Lot: All that certain lot of land at Louisburg ... Commencing on the Eastern side of the Main Road and on the Southern side of property owned by Michael Pope, Sr., Thence running along Michael Pope's Sr's Southern boundary to the Seashore, thence along the seashore Sixty six feet parallel with the Main road; thence in a Westerly direction parallel with the boundary line of Michael Pope Sr's property to the Main road; thence in a Northerly direction along the Main Road to the place of commencement Sixty six feet - The lot being one chain in width and running between the Main road and the Sea-shore, Said area being parcel number Fifteen according to the plan no. 15701-1 prepared by J.H. Congdon. [366]

On 1 September 1928, Elizabeth Power, widow of the late Richard Power, Alfred Power, fisherman, Pierce Power, fisherman, and Margaret Power, wife of said Alfred Power, all of Fort Louisburg, as well as Daniel Power, of Glace Bay, hospital employee (all heirs of the said Richard Power by his will dated 28 May 1923, and recorded in Book N, #2, folio 14, in the Registry of Deeds Office in Sydney) conveyed their interest and title in the lands to the Minister of the Interior. The lot in question contained seven and one half acres in Old Town:

Beginning on the southern shore of Louisbourg Harbour at the north east angle of lands occupied by Messrs. Michael and Pierce Pope; thence running south forty-seven degrees west seventy-five links; thence north thirty-six degrees west ninety links. Thence north thirty-four degrees West one chain and seventy-five links; thence south fifteen degrees thirty minutes west nineteen chains and eighty five links; thence south sixty-two degrees east one chain and fifty-seven links; thence north twenty-eight degrees thirty minutes east twenty chains; thence north thirty-six degrees west fifty-one links; thence north forty-seven degrees east ninety three links to the shore; thence north westerly by the shore at high water Mark one chain to the place of beginning; and being parcel 14; according to plan No. 15701-1 prepared by J.H. Congdon, Provincial Land Surveyor. [367]

On 6 November 1928, the Dominion Government purchased from John Kehoe of Louisburg, fisherman, and Sadie Kehoe, his wife, the northern half of a a lot of land on the South West of Louisburg Harbor bounded as follows:

Beginning at the seashore of Louisburg Harbor at a point immediately in front of the Devil's Battery so called, thence running by the magnet North forty degrees West eighteen chains; thence north eighty five degrees West Seven chains and twenty eight links; thence south thirty Seven degrees East eight chains and twenty five links; thence south fifty degrees West two chains and Twenty links; thence South forty degrees East twenty two chains to the shore; thence along the short northwardly to the place of beginning, containing --- acres, more or less. The said lot hereby conveyed being known as parcel 11 according to a plan no. 15701-1 prepared by J.H. Congdon ... and being the small lot of land devised to the said John Kehoe by will of George Kehoe, dated April 9th, 1902, and duly recorded in the Office of the Registry of Probate in Will Book 2, page 232. [368]

On the same date Rachel Lorway conveyed the ninety acre lot just outside the ruins of the Queen's Bastion, formerly a grant to Michael Slattery, to the said Dominion Government [being parcel 24 on Congdon's plan]. [369]

The executors of the will of Mary K. Lorway, deceased, late of Sydney, having reached agreement, sold, on 6 November 1928 the interest which the said Mary K. Lorway had in the lands hereafter described to the Dominion Government:

1. One half of a lot or tract of land situated at the south west of Louisburg Harbour --- Commencing at the Sea Shore of Louisburg Harbour at a point immediately in front of the Devil's Battery, so called, thence running by the magnet North forty degrees West eighteen chains and twenty-eight links; thence south thirty seven degrees East eight chains and twenty five links; thence south fifty degrees West two chains and twenty links; thence South forty degrees East twenty two chains to the Shore; Thence along the shore Northwardly to the place of beginning. The above being referred to as Parcel No. 12 on the plan of Louisburg made by J.H. Congdon [no. 15701-1].

2. A certain lot or tract of land --- on the said southern shore of Louisburg Harbour beginning at the high water mark on the Eastern side line of Patrick Kennedy's lot; thence Easterly along said Main Road one hundred feet at right angles with first mentioned line; thence North fourteen degrees East two chains more or less to the said Shore; thence Westerly along said Shore to the place of beginning, being part of a lot of land owned by said Dennis Kennedy and better known as the "Lamb's Pen". The above lot being referred to as Parcel no. 16 on the said plan of J.H. Congdon.

3. A lot of land containing twenty acres ... Beginning on the Southern shore of Louisburg Harbour and at the North West angle of lands granted to Dennis Kennedy and others; thence running South fourteen degrees West twenty five chains; thence north Nineteen chains and fifty links; thence North twenty three degrees East nine chains and fifty links to the Southern shore of Louisburg Harbour, thence Easterly by the Shore of the same at high water mark to the place of beginning ... [parcel no. 20 on Congdon's plan]. [370]

On 7 November 1928 James O'Leary of the city of Bristol, Connecticut, U.S.A., formerly of Louisbourg, and his wife, Amelia O'Leary, sold to the Dominion Government that lot of land at Old Town of Louisbourg:

Beginning on the West Side of the Cansow Hall Road on the South line of Mrs. Mahon's lot, thence following said side of said road one chain and Seventy-eight links; thence north seventy two degrees West fifty five links; thence at right angles southerly thirty five links; thence north Seventy eight degrees West nine chains, more or less, to the rear or West line of the lot; thence twelve degrees West one chain and eighty links; thence north Sixty-two and one half degrees East two chains and twenty seven links; thence South Seventy two degrees East Nine chains and twelve links more or less, to the place of beginning, containing three acres more or less, and being shown and laid down as parcel 3 according to plan No. 15701-1 prepared by J.H. Congdon, Provincial Land Surveyor. [371]

On 9 November 1928 Ellen Cryer, Widow, of Boston, Massachusetts, appointed James L. Kelly of Montreal, Quebec, as her attorney with complete power to convey to the Crown those lands of hers, at Old Louisbourg parcel 8 and 9 on Congdon's plan. [372]

In 1928 the said James L. Kelly, painter, formerly of Louisbourg, acting on his own behalf and as attorney for Ellen Cryer of Boston, formerly of Louisbourg, released and "forever quit claim" unto the Dominion Government all that lot at Louisbourg:

Beginning on the north east shore of a small pond and on the southern line of lands belonging to the heirs of Captain J. Lorway, on the District of Louisbourg; thence South ten degrees east four chains and seventy-three links; thence south twenty-eight degrees west one chain and seventy-eight links; thence south eighty-six degrees west two chains and fifty-six links; thence north thirty-two degrees fifteen minutes west two chains and four links; thence north seventy-five degrees west two chains and sixty one links; thence north thirty-one degrees, twenty minutes west one chain and sixty-two links; thence north sixty degrees fifteen minutes west two chains and ninety-three links; thence north fifty five degrees fifteen minutes west three chains and seventy eight links; thence north forty three degrees west two chains and sixty links; thence north twenty degrees east one chain and sixty-two links; thence north eighty nine degrees east two chains; thence south fifty six degrees east one chain and forty-seven links; thence south nineteen degrees west two chains and ten links to the shore of said lake; thence south westerly, south easterly and northerly by the shore of said lake to the place of beginning, containing nine and sixty-eight [?] tenths acres more or less, and being shown and laid down as parcel 8 and 9 according to plan no. 15701-1 by J.H. Congdon ... [373]

Two lots of Old Town Louisbourg land were not purchased until 1929.

One lot was that formerly owned by Patrick Kennedy and willed to his son, Pierce, who took out several mortgages on the said property; one of these mortgages, for $500.00, was held by a Bessie Clark of the United States. Although it was taken out in 1910 it was not foreclosed until the death of the said Bessie Clark. The executors of Bessie Clark's will won the court case against Pierce Kennedy, of Montreal (formerly of Louisbourg), and his mortgaged land was sold at a Sheriff's sale to meet expenses on 4 February 1928. Dorothy M. Rigby, stenographer, of Sydney, purchased "all the title, interest, claim, property, demand, and equity of redemption of the said Pierce Kennedy" with respect to the following lot of land in the Old Town of Louisburg:

Beginning at a post standing on the southern side of Water Street or Main Road at the North East angle of Richard Power's lot; thence running south twenty Eight degrees West by Power's fence Twenty chains; thence North Sixty-two degrees East Six chains and Fifty links to a post; thence North Twenty eight degrees East four chains and Seventy five links; thence North Twenty degrees West Two Chains and Fifty-three links; thence North Seven degrees East, Three chains and Thirty links; thence North Seven degrees East, Three chains and Seventy links; thence North Thirteen degrees East Four chains and Twelve links to the East Post of the gate; thence north Thirty-six degrees west by said Road, one chain and Forty links to the place of beginning, containing seven point Thirty-Five (7.35) acres more or less ... [374]

On 5 February 1929 the said Dorothy M. Rigby conveyed to the Dominion Government the aforementioned lot of land in the Old Town of Louisbourg:

Beginning at a post standing on the Southern side of Water Street or Main Road at the North East angle of Richard Power's lot; thence running South twenty eight degrees West by Power's fence twenty chains; thence north sixty two degrees East six chains and fifty links to a post; thence north twenty eight degrees East four chains and Seventy five links; Thence North forty nine degrees West forty links; thence north twenty degrees East one chain and sixty two links; thence North fifty one degrees West two chains and fifty three links; thence North Seven degrees East three chains and thirty links; thence north Sixty three degrees East two chains and eight links; thence North Sixteen degrees East four chains and twelve links; thence north thirteen degrees East four chains and twelve links to the East post of the gate; thence North thirty six degrees West by the said Road one chain and forty links to the place of beginning, Containing seven point thirty five (7.35) acres more or less, being the same lot of land formerly willed by Patrick Kennedy to his son Pierce Kennedy and being Parcel no. 13 as shown ... on Plan no. 15701-1 prepared by J.H. Congdon ... [375]

The other lot, owned by Caroline Kennedy, was not sold to the Dominion Government until 30 March 1929. She obtained a rather large sum of $1,650 for that small lot in the Old Town of Louisbourg:

Beginning at a stake 75 feet from the north western corner of Richard Power's land on the south of the road leading along the Harbour of Louisbourg; thence Southerly 80 feet and thence Westerly 30 feet; thence northerly to the south side of the said road 80 feet, and thence Easterly along said road 30 feet to the place of beginning, Containing five one hundredths of an acre more or less, and being Parcel no. 18 on plan no. 15701-1 prepared by J.H. Congdon ... [376]

With the acquisition of the Caroline Kennedy property, the Dominion Government finally had complete control of the Old Fortress lands. Subsequently, all buildings, except for two previously mentioned, were removed from the site, enabling reconstruction work to begin. Aerial photographs taken in 1931 [377] show the site void of all structures with some exceptions. The Kennedy and Price houses (presumably) are shown with three smaller buildings in close proximity. On the edge of a small pond near the area of the former West Gate a small wooden building is shown. On the shore, of course, evidence is seen of a fishing flake, a wharf and an accompanying store house. There is no evidence to indicate that new houses or squatters ever occupied the site following the government take over. In fact, one would be inclined to believe that subsequent habitation never occurred again, except perhaps for some who were employed in restoration. Letters of the 1930's would indicate, however, that flocks of sheep were allowed to be pastured on the grounds by nearby inhabitants.

It was considered an inexpensive way of keeping the grass at a low level on the site, for the benefit of the tourists. [378] When the new museum was built, even the Kennedy and Price houses were removed, leaving scant evidence of previous habitation, except for that story revealed in the rubble and mounds of the old French city itself. [379]