Search
Website Design and Content © by Eric Krause,
Krause House Info-Research Solutions (© 1996)
All Images © Parks Canada Except
Where Noted Otherwise
Report/Rapport © Parks Canada / Parcs Canada
---
Report Assembly/Rapport de l'assemblée © Krause
House
Info-Research Solutions
Researching the
Fortress of Louisbourg National Historic Site of Canada
Recherche sur la Forteresse-de-Louisbourg Lieu historique national du Canada
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Unpublished Report H D 02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.)
CHAPTER X: 1902 - 1920
The period 1902-1920 was not an extremely significant period in the history of "Old Louisbourg", except for the brief interval when Capt. D.J. Kennelly was actively endeavouring to bring about a restoration of the old fortress. Other than that situation, little transpired but the issuing of Crown grants in the early 1900's to occupants having just claims. The period 1912-1920 is particularly uneventful, even with respect to land transactions.
DESCRIPTION BY WRITERS
In this period writers still were not inspired by the Old Town to describe it in any detail. It differed very little from other sparsely occupied areas in spite of its romantic historical associations.
In 1903 several writers referred to a "few scattered farm houses", [299] the old French barracks remains, and to "little cottages here and there around the harbour, being quite thick at the head where the soil is especially good, and where one sees low cliffs of gypsum skirting the shore." [300] The latter quotation draws attention to the main settlement in the north and northeast Harbour area. The settlement was sufficient there to allow the inhabitants in 1902 to incorporate themselves into the modern-day town of Louisbourg. The Old Town had sunk into oblivion while the new town had developed in the wake of its decay. A visitor to the site in 1904 painted a vivid portrait of solitude, neglect and decay, emphasizing the pastoral function which the lands then performed. Of the ruins and buildings then present he commented:
All that remains of the imposing fortress is a few old walls, and a wide barren waste ... Here and there, in the place of the old walled town, a fisherman's home stands, white-washed against the green; here and there, tumbling and decayed, a cod-salting shack sits blue-grey against the blue ... and from the neighbouring pasture comes the tinkle of a cow bell. [301]
Another description of the site in the first decade of the twentieth century stated: "Nothing remains but some scarcely distinguishable ruins and shrunked tombs, a few fishermen's houses, or a crumbling casemate ..." This description also emphasized the poverty and futility confronting these souls who attempted to eke out a living at Old Town. "When the herring catch is small and the cod refuses to bite, one of the two fishermen about the Old Fort dig about in the hopes of unearthing some article that will repay them for the failing of the seas. And so, say old residents, there is scarcely a foot of sod in the place that has not been upturned". [302]
J.S. McLennan, speaking of the site in 1908, described the existing ruins thus:
Coming to the town itself, the demolition of the fortification has obliterated the exact lines of the different parts of the defensive works. The glacis and ditch are distinct, foundations of the buildings of the citadel are to be seen, and the buildings in best preservation are casemates on either side of the parade ground erected during the British occupancy, but guided by a map all the works can be positively identified.
... The ruins of the hospital stand up, and it is probable a little excavation might reveal some of the more elaborate ornamentation of the town gates. [303]
A historian writing of the same "Old Louisbourg" in the same decade also commented on the "massive ... masonry", the "lines and walls" of which were still "clearly seen". Speaking of the habitation then present, he concluded: "The place itself is no longer of any consequence, merely the home of a few fisherfolk". [304]
By far the most complete and detailed description of the ruins of the site and its inhabitants and their homes is that of Louis Runk in 1911. He even suggested the site be turned into a national park - a suggestion that D.J. Kennelly had tried to put into effect. [More will be said later of Mr. Kennelly and his plans]. The following are extracts from Runk's description:
... We can still discern portions of the old moat, the ditch, the ruined casemates, the causeway, and the remains of the soldiers' barracks. A stone heap shows the mess hall, and a pile of bricks the site of the old chapel. The grassy mounds in regular formation are recognizable as former bastions, entrances and ramparts.
The most interesting ruins are the casemates. The arch ... is about twelve feet high and about the same number of feet in width, and the masonry walls are four feet wide at the base, the arch at the top being three feet thick. Two are propped up to prevent their falling ... Under one of the other casemates was a dungeon, of which we can see the entrance not yet filled with earth. These casemates were in effect heavily protected masonry cellars and several have been restored, largely through the efforts of the late D.J. Kennelly of Cape Breton. In front of the fort, and 200 yards from the south gate, the visitor is shown what are said to be the graves of the 42d Highlanders, in Scotchman's hollow, but so little has been done in the way of marking them that only two low stones, without any inscription, indicate the traditional resting place of their leader, Lord Dundonald. The late Mr. Kennelly also planned a tower sixty feet high, which would serve as a museum for relics and also commemorate with appropriate tablets the English assailants and the French defenders in both sieges, but it has progressed no farther than its foundations. Relics are constantly dug up there still ...
Runk also commented on habitation and his reference to about half a dozen families on the site seems borne out by the land documents of the period.
From the standpoint of the visitor, the site of the fortress is in a condition of pitiable neglect. Some half-dozen families have acquired some kind of a right possibly by prescription, to occupy most of it with their small farms, and about thirty outbuildings connected with the farms are scattered over it. You can see some of them in view of the King's Bastion from across a portion of the old moat, showing also the four ruined arches of casemates and our Society's [Society of Colonial Wars] monument in the distance. Much of the area is divided into long narrow pasture lots, separated by wire fences which make it difficult to walk across without great inconvenience. Sheep, cows, and horses graze over it; ducks and chickens feed at random; and the littler of the barnyard lies promisuously at every turn. Rows of stone, almost hidden, show the location of the old streets, and while much of the ruins has been carted away or built into the houses, enough still remains to show the general outline of the old fort.
Runk then introduced as a conclusion the idea of establishing the site as a national park. He thought the Government of Canada should take the appropriate steps to utilize the natural romantic appeal that the "Old Fort" offered.
My guide told me that fewer than 100 people had inspected the site during the summer of 1910, previous to my visit on September 21 of that year. The crying demand of the situation is that the Canadian Government acquire whatever title the present owners have, paying them some fair compensation for giving up their homes, then clear the ground of all recent desecration, and turn it into a small national park. The late Mr. Kennelly left some funds for that purpose but his executor told me that the estate, while ample, was tied up in coal lands and other real estate that had to await a proper market. In any event, it would seem that this was important enough for the Government itself to lend a real helping hand. I was informed that a bill had been introduced in the Dominion Parliament to help erect the monument [the foundation of which was referred to previously] ... but so far as I can learn it has never had sufficient public sentiment behind it to insure its passage. [305]
Of particular interest is the reference to the thirty or more outbuildings connected to the farm houses, indicating, at least, that there were some number of "modern-day" structures although probably not of any great size or significance (at least in some cases).
A few general fragments of information are found about the fishing cottages at Louisbourg in a 1914 article of Canadian Magazine by Bickles Wilson:
The newer fishermen's cottages - some two storeys high - with their gaudily-painted weather-boards, mock at the prostrate fragments of carved granite fascades and old tiled roofs. On the site of the Queen's Bastion is to-day a cattle-shed. Yonder, beside the browsing cattle are the bricks - now coated with a rich patine - of which the Governor's mansion was built ... now we behold a corrugated waste, a few fisherman's cottages, a few cattle, and sheep ... [306]
Other references to Old Town by writers during this period were very general and quite similar in tone - the "desolation" and the "tinkling sheep bells from the pasture where once stood the French town, now completely obliterated" [307] being examples of these themes.
DAVID J. KENNELLY
Captain D.J. Kennelly, a retired officer of the Royal Indian Navy, being a resident in Louisbourg in 1903 and seeing the continual desecration of the old ruins, became determined to start a movement to preserve the site. He purchased that land on which the southern group of seven crumbling casemates or bomb-proofs, three on the south and four in the north of the old citadel, and in November of that year he undertook certain works of restoration. He also organized an association, The Louisbourg Memorial Association. His efforts brought about an act by the Legislature of Nova Scotia, incorporating the French fortress and the old burying ground as a historical monument of the Dominion of Canada and as a public work. Kennelly's further suggestion, that at or near the ruins a memorial tower be built, was also approved, although financial support does not seem to have been sufficient enough to allow the tower to progress beyond the foundations. Trustees appointed by the Legislature for the Memorial were the following: "Right Honorable Baron Strathcona and Mount Royal, G.C.M.G., P.C. of Canada; the Right Honorable Earl Amherst and Right Honorable Viscount Falmouth, of London, England; the Honorable Everett Pepperell Wheeler of New York; the Honorable Senator William McDonald of Glace Bay, Cape Breton; the Honorable Sir Frederick William Borden, K.C.M.G., of Ottawa; the Honorable Senator William McDonald of Glace Bay, Cape Breton; the Honorable Robert L. Wheatherbe, Chief Justice of Nova Scotia; the Honorable George H. Murray, K.C., Premier of Nova Scotia, of Halifax; Walter Crowe of Sydney; David J. Kennelly, K.C., and Henry C.V. Levatte of Louisbourg, Warden of the County of Cape Breton".
The trustees were given wide powers, but it is to be noted that the secretary, D.J. Kennelly, seems to have been the mainspring of power and energy among the trustees, taking upon himself most of the actual work of restoration. He began work as previously mentioned in November 1903, completing it in April 1906. A report made to the Premier and chairman of the general committee of trustees stated:
The work of protecting the ruins of the old French fortress of Louisburg, then about to come to the ground, was undertaken in November 1903 by the removal from the roofs of the two sets of the bombproofs (north and south) of some of what had been their protection covering of stones and earth of about the thickness of three feet. In the middle of the southern bombproof a large block of the roof had fallen in; this was filled with cemented masonry and the bombproofs having being shored buttressed and cribbed from within so as to enable them to withstand the coming winter, work ceased for the year.
In 1904 work was resumed on May 27th and continued down to December 30th. The roofs of the bombproofs were completely stripped to the stone work of their arches, well cleaned and a blanket of cement, two to one of about three inches in thickness, was laid over the roofs.
The debris removed from the roofs and from around the bombproofs, about twelve hundred cubic yards, was used in the construction of about seven hundred feet of a twenty foot road leading from the main country road to the bombproofs and on the moat facing the monument erected by the Society of Colonial Wars.
The foundation of the Memorial Tower was also excavated ...
No additional work was done on the northern bombproof owing to the circumstances that ownership had been claimed by a non-resident of Canada, but this hindrance has now been overcome.
... 1905 - on inspecting the bombproofs they were found tight for the first time in the many years of their ruptured past.
The supports of the rear walls of the southern group were removed and, where found weak, were thoroughly repaired.
The outside walls having been cleared of their earth covering, were also cemented. Inside the group, the arches were cemented, the floors were cleared of their accumulations of nearly a century and a half, and laid with broken stone for cement work.
A good well was sunk through rock, giving an efficient flow of pure water.
The foundation of a building for general purposes, 60 feet by 30 feet, was raised three feet above grade, and a small frame building 18 feet by 12 feet, was completed as an office and small sleeping room for the Honorary secretary who had found it difficult to obtain accommodation near the operations.
The work so far completed, has been under the personal supervision of the Honorary Secretary who gives his services free and at no cost to the fund for his living expenses during such supervision.
The money paid out by him to the 31st of December amounts to the sum of $2,201.86 (exclusive of payments for printing, stationery, stamps, and petty charges) made up as follows. [308]
133 1/2 barrels of cement ................ $ 294.11
Lumber and other material ............. $ 335.10
Mason's Work .................................. $ 303.17
Teaming .......................................... $ 367.65
Laborers .......................................... $ 901.83
TOTAL ............................... $2,201.86
The lands in the "Old Town" acquired were transferred by Kennelly to the Louisbourg Memorial Association according to the land deeds of the time. This seeming deed of benevolence was the source of much difficulty following the Captain's death. Kennelly seems not only to have concerned himself with the restoration of the casemates, but in "repointing the French masonry, skirting the site of the town with a barbed-wire fence, and exacting a fee for admission to tourists." [309]
A letter to the Deputy Commissioner of Crown Lands, Halifax, on 28 April 1906 by Kennelly, announced the Memorial Trustees' intention to apply for a grant of water in the harbor of Louisbourg "in Continuation of 'King Street' near the ruins of the Old French fortress, of a breadth of 40 feet, and running out from high water 200 feet for the purpose of a wharf for a public landing. The general line of the Street [was] .. N.12 40 E ending at an old wharf of Lawrence Price but [then] ... believed [to be] owned by the Cape Breton Railway Co. but possibly reserved as the termination of a Street." [310] This is an example of the business he carried on in the name of the Trustees, although many of the Trustees knew little about his actions, a few of them took an active part in the affairs of the Memorial. On his death around 1912, Captain Kennelly left, by his will, to the Trustees, the land he possessed in Old Town. Chapter 56 and Chapter 59 of the Act of 1912 prevented the Trustees from making any quit claim conveyance to the Crown. As a result, a will of 1918 from the Supreme Court ruled the Kennelly donations null and void. With the remaining Trustees' approval a Vesting Act was passed in the 1920's by the Legislation enabling the Department of the Interior to gain title to the Kennelly lots. [311] Land documents of the period show the transactions indicated.
LAND TRANSACTIONS
The land transactions between 1902-1920 give evidence of several of the Old Town inhabitants finally receiving Crown grants for the lands they possessed. Even more noteworthy are those transactions in which D.J. Kennelly acquired land at Old Town and then later transferred it to the Trustees of the Louisbourg Memorial Association.
Richard Power was the first to make land, that he obtained from Pierce Kennedy in 1889, legally his by applying for a grant of the said land. He received a Crown Grant, dated 5 September 1902, of the seven and one half acres:
Beginning on the southern shore of Louisburg 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 south thirty-six degrees west ninety links; thence south twenty seven degrees west three chains; 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 ... [312]
On 5 September 1902, James T. Kelly also obtained a Crown Grant for the nine and two-tenth acres that he had obtained from Patrick O'Toole in 1892, bounded as follows:
Beginning on the north east shore of a small pond on the southern line of lands belonging to the heirs of Captain J. Lorway in the District of Louisbourg; thence running south fifty seven degrees east two chains; thence south forty five degrees east ninety three links; thence south twenty eight degrees west one chain and seventy eight links; thence south sixty six degrees west seventy eight links; thence north thirty two degrees fifteen minutes west two chains and four links; thence north seventy four degrees west two chains and sixty one links; thence north thirty one degrees twenty minutes west one chain and seventy two links; thence north sixty degrees fifteen minutes west two chains and ninety three links; thence north fifty five degrees, fifteen minutes west two chains and ninety three links; thence north fifty five degrees fifteen minutes west three chains and sixty six links thence north twenty five degrees east six 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 & 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 ... [313]
In the same way, Laurence and Philip Price, brothers, of Louisbourg had confirmed their land possessions by obtaining a Crown Grant for themselves on 21 April 1902. The two lots of land, containing eight and two third acres, were bounded as follows:
Beginning on the shore of the Atlantic Ocean at the south east angle of 5.88 acres surveyed for George Kehoe in the District of Louisburg, thence running north forty one degrees west eighteen chains; thence running north forty one degrees west eighteen chains; thence north eighty seven degrees west, two chains and 80 links to the west side of the King Street; thence northerly by said street and crossing the same four chains and sixteen links to land granted the Cape Breton Railway Company Limited, thence south seventy three degrees east three chains and forty links; thence south thirty eight degrees east sixteen chains and ninety three links to the said shore; thence southerly and westerly by said shore, at high water mark, to the place of beginning ... [314]
The will of George Kehoe dated 9 April 1902, recorded 22 May 1905, bequeathed to John Kehoe, son:
That certain lot of land in the Old Town of Louisburg adjoining the properties of the late Michael Slattery and Mrs. Elisabeth Price, containing by estimation twenty-four acres, more or less. [315]
By deed, dated 4 February 1903, Laurence and Philip Price, sons of Elisabeth Price, of Louisburg, sold to one Henrietta Kennedy of Louisburg, widow of Dennis Kennedy, part of their property:
Commencing at the south west corner of land owned by the Cape Breton Railway Co. Ltd., on the Eastern side of a road or King Street so called, thence running N. 73o E, along the line of the said Cape Breton Railway Company's land, One hundred feet, thence in a southerly direction parallel with King Street (so called) One Hundred and fifteen feet, thence N. 73o W one hundred feet to the Eastern side of said street, and thence in a Northerly direction along said King Street (so called) One Hundred and fifteen to the place of commencement, and containing Eleven thousand five hundred square feet by calculation, being a portion of land granted to Philip and Laurence Price the fifty day of September, 1902 and recorded at Registry of Deeds Office Sydney C.B. the 28th November 1902 in Grant Book F, p. 121 ... [316]
27 February 1903 brought a sale by James T. Kelly "of Fort Louisburg", fisherman, and Mary Ann Kelly, his wife, to Ellen Cryer of Fort Louisburg, widow of the late George Cryer, of the southeastern half of his 1902 grant:
[Being] All one half of the following described lot of land, namely the south eastern half, the lot as a whole is described as follows:
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 in the district of Louisbourg, thence running south fifty seven degrees east two chains, thence south forty five degrees East ninety three links, thence south ten degrees East four chains and seventy three links, thence south forty two degrees. East five chains, thence south sixty six degrees west seventy eight links; thence south eighty six degrees west two chains and fifty six links, thence north thirty two degrees and fifteen minutes west two chains and four links, thence north seventy four degrees west two chains and sixty one links, thence north thirty one degrees and twenty minutes west one chain and sixty two links, thence north sixty degrees and fifteen minutes west two chains and ninety three links, thence north fifty degrees and fifteen minutes west three chains and sixty six links, thence north twenty four degrees East six 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 pond, thence south westerly, south easterly and northerly by the shore of said pond to the place of beginning ... [317]
On 5 March 1903 Michael Pope and James Pope of Louisbourg sold to Caroline Kennedy of Louisbourg part of their property in Old Town:
Beginning at a stake Seventy five feet from the North western corner of Richard Power's land in the south of the road leading along the Harbour of Louisbourg, thence southerly eighty feet and thence westerly thirty feet, thence northerly to south side of said road eighty and thence easterly along said road thirty feet to the place of beginning. [318]
It should be noted that many of the buyers were those who sold their land to the railway and were probably desirous of acquiring other land at Old Town on which to live.
Michael Pope of Old Town, "farmer", sold to Pierce Pope, also of Old Town, "Pilot", on 30 April 1903, a lot of land in Old Town:
Beginning on the south side of the main road leading along the harbor at the north western corner of a lot of land owned by Michael Pope Jnr. thence running south westerly along the division line of the said lot to a Pond one hundred and ninety feet, thence in northerly direction along said Pond one hundred feet more or less, thence in a northwesterly direction to the said Main road one hundred and ninety feet more or less, and thence south easterly along said street thirty eight feet to the place of beginning. And also one third of the lot of land in front of the lands of the said Michael Pope on the south side of the Main road and known as the water lot and situate between the said Main road and the shore of Louisburg Harbor ... [319]
On 26 October 1903 the Price brothers sold each other lots of land in Old Town. Laurence Price, the fisherman, sold his brother, Philip, "Light Keeper", a lot of land:
... containing 2.35 acres ... Beginning on the western side of King Street, so called, thence running N. 84o 15' W. four chains and fifty links, thence N.56o W. one chain and forty seven links, thence N. 89o W. two chains, thence N. 51o W. two chains and fifty three links, thence N. 7o E. one chain and sixty one links, thence S. 78o 30' E. nine chains and seventy five links, thence N. 5o E. 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, 1902, and recorded in Registry of Deeds Office, Sydney, C.B., the 28th day of November 1902, in Grant Book F, page 121 ... [320]
Philip Price, on the same date, conveyed to Lawrence Price a lot of land "containing 6.32 acres":
Beginning on the shore of the Atlantic Ocean at the south east angle of 5.88 acres surveyed for George Kehoe, thence running north forth one degree west Eighteen chains; thence N. 87o W. two chains and forty seven links to the Eastern side of Kings Street, so called; thence northerly along the Eastern boundary of said street to lands of the Cape Breton Railway Co. Ltd.; thence south seventy three degrees East three chains and forty links, thence south thirty degrees East, sixteen chains and ninety three links to the said shore, thence southerly and westerly by said shore at high water mark to the place of beginning as per Grant dated the 21st day of April 1902, and recorded in Registry of Deeds ... Sydney ... 28th day of November, 1907, in Grant Book F, page 121. [321]
It was in 1903 that Captain David J. Kennelly, previously mentioned, began to actively set in motion his almost one-man restoration. In October he commenced acquiring land in the old town of Louisbourg, predominantly that belonging to the Price, Kelly and Kehoe families whose land was situated near the casemates of the King's Bastion or included them within their boundaries.
On 3 October 1903, James T. Kelly, fisherman of Louisbourg, and his wife, Mary Ann, sold to the said David J. Kennelly, "Barrister-at-Law" of Louisbourg County, all that lot of land in Old Town:
... Beginning at a stake in the southwest corner of land owned by Philip Price and Laurence Price, and running from thence about East two hundred and twenty five feet to the corner of where the fences of land owned by said Prices and the fence of said James T. Kelly join or about thence running along the fence or line of the said Philip and Laurence Price which runs in a curve to the place of beginning and the whole contains within it the portions of the Southern old French Bomb proofs that are not contained in the land of said Philip and Laurence Price ... [322]
On the seventh day of October, 1903, Mr. Kennelly bought from Philip and Lawrence Price that lot of land in Old Town:
"measuring fifty feet by two hundred feet bounded as follows: Beginning at a stake at the south west corner of the line of the said Philip Price and Lawrence Price, and where it abuts the line of land owned by James T. Kelly thence along the line of the said James T. Kelly easterly two hundred feet, crossing the old French southern bombproof to a stake thence fifty (50) feet in a parallel line with the said line or fence of said Philip Price and Lawrence Price to a stake near the north east corner of said bomb proof, thence two hundred feet in a parallel line to the said James T. Kelly fence or line to the said line of the said Philip Price and Lawrence Price thence fifty along said line or fence to the place of beginning which said lot includes the greater part of said southern bomb proof now in ruins being in all ten thousand square feet more or less ... [323]
On 17 October 1904, D.J. Kennelly acquired more land from James T. Kelly in Old Town:
[Being that land] beginning at a stake at the S.W. corner of land owned by D.J. Kennelly, and running south westerly along the western fence of land owned by James Kelly, for a distance of 20 feet to a stake; thence easterly about two hundred and twenty-six feet parallel to the southern line of land owned by D.J. Kennelly to a stake; thence northerly along the fence of land owned by said James Kelly twenty feet to a stake; and from thence westerly to a stake; and from thence westerly along the fence of said D.J. Kennelly to the place of beginning, being a lot of land about twenty feet by two hundred and twenty six feet. [324]
On 1 December 1903, Philip Price, widower, also sold more land to David Kennelly. It was that lot of land in Old Town:
... within the ruins of the old French fortifications on the south west side of Louisburg Harbour, beginning at a stake at the southwestern end of land owned by D.J. Kennelly thence 32 feet along the fence of land owned by Philip Price to where said fence is met by the James T. Kelly fence and called the Slattery Stone, thence northerly 78 feet in line with said Kelly fence to the Southern line of the County new road as staked out, thence westerly along said line of County road for 307 feet to a stake where the County road turns sharply to a southerly direction and continuing along the southern line of said County road to a western fence of said Philip Price, thence south-easterly along said fence for a distance of 93 feet to where it joins the northern corner of said D.J. Kennelly's fence, thence along said Kennelly fence to the place of beginning ... [325]
It is interesting to note that on the same date Kennelly sold the said Philip price a lot of land in northwestern Louisbourg. [326] Kennelly probably persuaded Price to sell land at Old Town, which the former wanted for his project, by offering him in exchange land nearer the new town, on the north-west harbor.
Again on 24 July 1905, Philip Price sold Kennelly a lot of land:
... commencing at the junction of land now owned by David J. Kennelly on the south side of the Public Road leading to the monument. Thence running in an Easterly direction along the southern side of the said Monument road thirty four and one half feet: Thence in a southerly direction parallel to the Kennelly line to property of John Kehoe. Thence in a westerly direction along the Kehoe boundary thirty four and one half feet to the corner of land owned by James Kelly and to the land of D.J. Kennelly to the place of commencement. [327]
On 11 October 1905, Philip Price made a declaration correcting a mistake made in the 24 July deed to Kennelly. The declaration read:
I, Philip Price of Louisbourg, County of Cape Breton, for good and valuable consideration, did, on the 24th day of July, 1905, give unto David J. Kennelly of said place and County a Deed of land said to mesure 34 feet 6 inches as set out in said deed; said deed having been also registered in the office of the Registrar of Deeds in Sydney on the 30th day of September, 1905 in Book 132 pages 781 & 782. Now this is to declare and publish that the said measurement of 34 feet 6 inches should have been and now is 37 feet 6 inches, both on the public road and on the Kehoe fence ... [328]
Another Old Town land owner, John Kehoe of Louisburg, coal trimmer, and Johanna, his wife, sold to David J. Kennelly on 1 September 1905, that land at "Fort Louisburg (commonly called Old Town)":
... situated a short distance south Easterly of the Southern Casements, beginning at a stake at the south west corner of land on Kings road belonging to Phillip Price, thence along said road westerly about 300 feet thence on land and Land under water till it joins the Eastern fence of land owned by James Kelly thence along said fence about 230 feet northerly to the north west corner of Philip Price's fence thence along said fence to the place of beginning being part of a piece of land willed to said John Kehoe by his father ... [329]
As previously mentioned, once Kennelly had control of these lands just described, and had done some restoration, he turned the lands over to the Trustees of the Louisbourg Memorial Association. On 31 March 1906, Kennelly deeded these following lands to the Trustees for the purpose of "the memorial, historical monument, and public work":
all that lot ... in Louisburg Old Town or Fort Louisburg Old Town ... Beginning at a stake driven where the south line of the new country road leading to the Louisburg Monument cuts the fence of land owned by the same J.D. Kennelly: thence along said fence Easterly for about 93 feet to a stake: thence southerly for about 30 feet to a stake at the south west corner of land owned by the said J.D. Kennelly: thence along said fence Easterly for about 93 feet to a stake: thence southerly for about 30 feet to a stake at the south west corner of land owned by James Kelly. Thence Easterly about 264 feet to a corner post of land owned by the said D.J. Kennelly: where it meets the southwest corner of the fence of land owned by Philip Price; thence Northerly along said new country road, thence Westerly along said south side of the new Country Road to the place of beginning, being the parcels of land conveyed to the said D.J. Kennelly by the said Philip Price and the said James Kelley under deeds dated respectively the 7th October 1903, 1st December 1903, 24th July 1905, 11th October 1905, the 3rd October 1904, and the 17th October 1904 ... [330]
By agreement dated 1 August 1906, the heirs of the deceased John Lorway agreed to a division of the estate and to the sale of the same. [331] As a result the executors of John Lorway sold large parts of his estate by deed dated 14 September 1906. Mary R. Lorway, resident of Sydney and daughter of the deceased, purchased that property in the District of Louisbourg:
Beginning on the Southern side of Louisburg Harbour, at the North West angle of lands granted to Dennis Kennedy and others; thence running South fourteen degrees West twenty five chains; thence West five chains and thirty seven links; 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 East by the shore of the same to high water mark to the place of beginning containing twenty acres. [The same lot near the West Gate granted to Dennis and sisters in 1881, sold to Michael Slattery, and later purchased by John Lorway through a Sheriff's deed of 1888].
Also a lot of land on the Southern side of Louisburg Harbour beginning at high water mark in the Eastern side line of Patrick Kennedy's lot; thence south fourteen degrees West two chains more or less to the Northern side of the Main Road; thence Easterly along said road one hundred feet at right angles with the first mentioned line; thence north fourteen degrees two chains more or less to the said shore; thence West along said shore to the place of beginning, being lot of land owned by said Dennis Kennedy and better known as Lamb's Pen.
Also: all that tract of land situate to the south West of Louisburg Harbour and more particularly described as follows:-Commencing at the sea shore of Louisburg Harbour at a point immediately in front of the Devil's Battery (so called); thence running by magnet North forty degrees West eighteen chains; thence north eighty five degrees west seven chains twenty eight links; thence South thirty degrees East eight chains twenty five links; thence South fifty degrees west, two chains twenty links; thence south forty degrees East twenty two chains to the seashore; thence along the shore north to the place of beginning which said interest of Michael P. Slattery purchased from one John Slattery in said above described tract of land consists of a half part thereof. [332]
Rachel Lorway also by this deed from the executors of the estate of John Lorway obtained two parcels of property - one being ninety acres, just outside the Queen's Bastion, being that lot granted to Michael Slattery on 6 December 1880. The other lot was inside the old town of Louisbourg, for the most part, being that lot "in the town of Louisburg":
Beginning at a stone at a distance of one chain and twenty one links in a direction north thirty eight degrees west from a stone in an angle of lands leased by the Crown to Edward Kavanagh, junr.; thence running south fifty two degrees west one chain and forth six links; thence north forty one degrees west five chains and thirty five links, more or less, to a stone on the northern margin of a pond; thence north fifty degrees east one chain; thence north four degrees west one chain and thirty four links; more or less to the western most angle of the said lot leased to Edward Kavanagh, and thence by a western line of said lot southerly to the place of beginning; the variation in this line of Kavanagh's lot appearing to be five degrees increased westerly since his Crown lease was issued and all other courses above named being according to the magnet in the year one thousand eight hundred and seventy-four. [333]
Another will, that of Patrick Kennedy, dated 3 November 1906, recorded 27 November 1906, bequeathed all the property of the said Patrick to his son, Pierce Kennedy. [334]
By deed, dated 12 August 1907, David J. Kennelly transferred the lot, obtained in 1906 from John Kehoe, to the Trustees of the Louisbourg Memorial Association. The lot was described as:
... All that piece of land at Fort Louisburg (commonly called Old Town) and situated a short distance south easterly of the southern casemates, beginning at a stake at the southwest corner of land on King's Road belonging to Philip Price, thence along said road westerly about 300 feet, thence on and and land under water till it joins the eastern fence of land owned by James Kelly, thence along said fence of land owned by James Kelly, thence along said fence about 230 feet northerly to the north-west corner of Philip Price's fence thence along said fence to the place of beginning, being part of a piece of land willed to John Kehoe by his father ... [335]
On 28 November 1907, Lawrence Price and his wife Annie, Louisbourg, sold to one Catherine Buckley of Louisbourg, widow, a lot of land on "Old Town":
... commencing at the south Eastern corner of land sold to Mrs. Henrietta Kennedy: thence running S. 73o E, along the line of the Cape Breton Railway land one hundred feet, thence in a southerly direction parallel with King Street, so called, one hundred and fifteen feet; thence N. 73o W. one hundred feet to the Eastern line of Mrs. Henrietta Kennedy's property one hundred and fifteen feet to the place of commencement, together with the free use of a road leading from King Street to the said property said road to be twelve feet in width all along Mrs. Henrietta Kennedy's southern boundary. The said property being a portion of the land granted to Lawrence and Philip Price the 5th day of September 1902 and Registered at the Registry of Deeds Office, Sydney, the 28th November 1902, in Grant Book F, page 121 ... [336]
The will of Mary K. Lorway (previously mentioned) dated 6 August 1909, recorded 11 August 1910, appointed Hugh Ross and Louise M. Lorway as executors and trustees of her estate, directing that part of her estate, including that land in Old Town, be divided among her three sisters, Louise M. Lorway, Rachael A. Lorway, and Helen O. Ross, "share and share alike". [337]
Pierce Kennedy, son of Patrick, attempted to make a living in Old Town as a farmer, but seemed to have found it impossible. He mortgaged his farm heavily on three occasions - in 1908, 1910, and 1912. Before taking out the last mortgage, Pierce (unmarried) moved to Sydney, becoming an insurance agent. All three mortgages were on the same lot of land and finally in 1913 the last mortgager received a judgment against the said Kennedy for the sum involved. The only mortgage worthy of note is that made between the said Pierce Kennedy and one Bessie Clark "of the city of Waltham", Massachusetts, U.S.A., married woman, on 23 September 1910. It is worthy of consideration as the executors of the said Bessie Clark, in 1928, receiving judgment against Kennedy, had the lot sold at a Sheriff's sale. The lot mortgaged was that parcel in the Old Town of Louisbourg:
Beginning at the Post standing on the southern side of Water Street or Main Road at the North east angle of Richard Powers 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 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 place of beginning, containing (seven point thirty-five (7.35) acres more or less...
This was part of the estate left to Pierce Kennedy by his father.
On 13 October 1913, the said Pierce Kennedy of Sydney sold to his aunt Caroline Kennedy of Louisbourg, spinster, that lot, being part of his father's estate, in the "Old Town" of Louisbourg
Beginning on the northern side of said Water Street, or Main Road, on the eastern side of Richard Power's land; Thence easterly along the northern side of said Water Street one chain and forty links more or less to the western line of land belonging to the Lorway Estate; Thence northerly along The Lorway western line to the shore of Louisbourg Harbour; Thence westerly following the shore line of Louisburg Harbor, to the eastern boundary line of the said Richard Power's property to the place of commencement together with all right, title and interest of the said Pierce Kennedy in the water lot in front of the land above described. [338]
On 4 February 1914, the said Caroline Kennedy of Fort Louisburg sold to her nephew, Michael Pope Junior, of Fort Louisburg all that land in the "Old Town":
commencing on the Eastern side of the Main Road and on the southern side of property owned by Michael Pope, Senior, thence running along Michael Pope's (Senior) southern boundary to the sea shore, thence along the shore southerly 66 feet parallel with 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 ... [339]
The will of Philip Price, dated 8 January 1914, probated 14 April 1914, stated:
I will, give, devise and bequeath to my son, James Price, my daughters Maggie, Elizabeth Price, Mary Price, Henrietta Price and Annie Price all my real estate to be divided among them, share and share alike. The house to be for each and every one, that is to say:-A lot of land 150 feet along the monument Road and eighty feet from the said Road in a northerly direction, together with the house, my barn built thereon to be the property and home of each of my children as long as they remain unmarried. If they all marry, the said lot of land with house and barn to be divided between them share and share alike, but it is distinctly understood that the house will be for all while they remain single ... I appoint H.C.V. LeVatte of Louisburg, and my son James Price, Executors of this my Last Will and Testament. [340]
We, thus, have a positive identification of a house and barn on the Philip Price estate being inhabited by his heirs under certain conditions.
The remaining years, 1914-1920 saw no
transactions, and activity at Old Town was confined to the fishing and farming efforts of
the few inhabitants.