CHAPTER
VIII: 1870-1890
No startling changes
or sudden settlement overtook Old Town or the vicinity in this era. Land in the Old Town
changed hands but the Town remained only fit for granting land and fishing flakes.
Railway schemes,
however, were prominent in Cape Breton at this time. In 1881, the Cape Breton Railway
Company, completed in 1874, was taken over by a D.J. Kennelly and his associates.
Evidently it was renamed the Sydney and Louisbourg Coal and Railway Co. Ltd., and by 1882
had Mr. Kennelly as agent and Superintendent. "In May, 1881, in addition to three and
five mixed trains running between Sydney and Lorway a daily passenger train was put on to
Louisburg. (Journal of Assembly (N.S.) 1882, App. 7)". [209] The local Women's
Institute [of
modern day Louisbourg] give this railway credit for accelerating "a shift in
population from the western end of the Harbour, nearer the old Fortress, toward the
East." [210]
Another incorporation
of 1872, the Louisbourg Extension Railway, included some of the members of the Glasgow and
Cape Breton Co. - notably F.N. Gisbourne. Its purpose was to be the construction of a line
from New Glasgow to Louisbourg, with wharves and a ferry at the strait.[211] Gisbourne &
Albert J. Hill became interested enough in Louisbourg to construct a map
[212] of the Old Town
in 1873. Its accuracy, however, is dubious. It shows, for instance, what is probably the
main road leading into Old Town and intersecting another road, probably that one known as
King Street. Although there is no key, the markings of the map would suggest there were
nearly 19 structures clustered together near the junction of these two roads. It is hard
to believe that this was the case, when we compare it to the map of 1764; although,
perhaps many of the structures indicated were partial ruins or buildings of minor
significance. Certainly it is difficult to believe that each contained a family. The
railway in question, however, was not proceeded with after three years, resulting in the
dispossession of the original group, and the incorporation on 6 May 1875, of D.J. Kennelly
and a different group of associates, as the Louisbourg Extension Railway Company.
Although
the purpose of the company remained unchanged, it never was implemented.
As a result of
government encouragement through subsidies, several railway companies were incorporated in
Cape Breton. One of these was the Cape Breton Railway Extension Company, incorporated by
the Legislature of Nova Scotia in 1884, and successively re-incorporated in 1890 and 1899
for the purpose of building a line from Sydney or Louisbourg to the Strait of Canso. On 26
July 1901, the name taken was the Cape Breton Railway Company.
[213] This Company, as will be
seen in the transactions of that period, bought up land in Old Town but never succeeded in
establishing a railroad branch there.
The contribution made
by F.N. Gisborne to increased commerce at Louisbourg were recognized at least by one local
inhabitant. H.C. Burchell, writing of him, says:
Recognizing its value
as a winter port, he conceived the idea of connecting it [Louisbourg] by rail with the
town of Sydney and the Cape Breton collieries. This has been carried into effect and every
winter numbers of steamers call there for ... coal. He also endeavoured to secure an
extension of the continental railway system to that point but the subsidy offered by the
Province was not sufficient to induce any company to enter into the scheme.
[214]
Magazine and
newspaper articles and observations of various authors for this time period are quite
general in their comments on the ruins; nevertheless, most of them give us a continuing
impression of scanty habitation.
The Marchioness of
Dufferin, visiting Louisbourg in the 1870's, described the chief settlement on the north
harbour as "a small village, consisting of a few scattered wooden cottages." The
Old Fortress only merited the passing comment: "There are scarcely any stone
remains." [215]
Equally vague is the Lovell's Gazetteer of British North
America which, in 1874, said
"A number of fishermen only reside there [Old Town]."
[216]
The Halifax Star of 1935 provides some interesting
information on the fate of the ruins:
Sixty years ago, the
entire eastern gate, then standing in good condition, was carried away stone by stone to
erect a house at Louisbourg, new town. It is said that houses in Halifax are built from
the stone which came from the French fortress, and in the walls of Citadel
Hill there are
great blocks of concrete which were carried to Halifax after the work of destruction had
been completed. Today it would be necessary to import stone if even a portion of the old
walls were rebuilt. [217]
Senator Pascal
Poirier, who visited Louisbourg in 1876, gives a good description of the miserable
condition of the ruins and their inhabitants:
Lorsque, en 1876, je
visitais Louisbourg pour la première fois, il n'y avait que deux ou trois maisons,
d'assez misèrable apparence, sur les vieilles ruines de la ville. Quelque brebis et de
rares bestiaux paissaient parmi les décombres: et les casemates de la ciadelle, mieux
conservées qu'aujourd'hui [1902], leur servait d'abri durant les nuits d'orage.
Tous, hommes et
bêtes, me parusent ennuyés, accablés, de vivre au milieu de ces ruines monotoes, et ne
rien tant souhaiter que de changer d'habitation. Le souvenir des deux sièges semblait
peser sur leur existence. [218]
Calkin's History and Geography of Nova Scotia, referring to the railroad being built to
Louisbourg to enable coal to be shipped in winter, comments in these words:
Louisbourg,
the old French capital, is now only a small village, whose chief industry is fishing.
Grass-covered mounds are all that remain of the once impregnable fortress. The Harbour of
Louisbourg is seldom closed by frost, and a railroad is being built from the Reserve
Mines, eighteen miles distant, for the purpose of securing an open winter port for the
shipment of coal. [219]
Although he does not
refer to habitation, the impressions of Peter Lynch, Q.C., on 20 September 1880,
concerning the Fortress remains and their fate are worthy of note:
There was nothing
before us but a barren desolate spot, without a single prominent object to arrest our
attention. No ruins to examine, no caves to explore, no cairns to meditate on. The spoils
had literally fallen to the victors, and they had carefully garnered them up, and swept
them away. They had not only destroyed the buildings and broken down the ramparts, but
they actually carried away all the material of which they had been constructed, and had
left not one stone upon another. There was no debris to be seen, no shattered stone which
bore the impress of having passed through human hands, no broken brick. It is a strange
thing in visiting the site of an old mine not to find some portion of its works, or at
least a remnant of its foundations protruding through the ground. At Louisbourg, all is
void ...
We spent the whole
afternoon meandering about the different sites of the town, eagerly desirous to explore
every place of interest, and alternatively listening to the information communicated to us
by our intelligent guide. But all was soon and easily retained. There was nothing about
the spot to interest the scholar or the antiquary; it had not even age to recommend it ...
We travelled the
environs of the town and could, without difficulty, trace the course of the ramparts, the
mounds in some places broken, in others running in a continuous line for some distance.
Outside of these were to be seen portions of the moat or ditch; in some places nearly of
its original width of eighty feet. In others, almost entirely closed up and scarcely
discernible ... Beyond the ditch is the glacis still in parts in a good state of
preservation, but partially in the same scrubby bushes, and extending to a bog which lies
at the back of the town ...
There is no doubt
that much of the valuable building material, stores and ammunition were brought to this
Province, chiefly to Halifax and Annapolis. Murdock speaks of a quantity of Portland stone
which was brought here, and a friend of mine who has always taken a great interest in
Louisbourg and its history, informed me that he remembers a large quantity of brick which
was in former years at Annapolis which he had been told came from Louisbourg. The only
remnants of material which I know of in this city [Halifax] now to be identified, are an
old fashioned mantle piece with the mark of a bullet upon it, in the house at the corner
of Prince and Argyle Street, built, I believe, by Mr. Buckley, and afterwards owned and
occupied by the late Mr. Gogswell (?). At some distance beyond the precincts of the town
are some large rough blocks of stone which we were informed had been quarried for the
purpose of erecting a battery in that neighbourhood, but which were left there in the rude
state in which they had been taken from the quarry. [220]
The pastoral image of
Louisbourg is depicted by Hezekiah Butterworth in 1885. In colorful eloquent prose he
states:
A hundred years ago
it was the great fortress of America. To-day it is a sheep pasture ... a broken sea-wall
of hewn stone, the outlines of a vast amphitheatre, a glacis, avenues amid buried ruins,
still remain. The green grass grows over all; and there the sheep peacefully graze, the
shepherds watch them, while the cool winds temper the heart of the sun.
[221]
Justin Winsor in
1887, [222] and W.H. Withrow in 1889 [223] both described Louisbourg as only a small hamlet of
fishermen. General references are also made to the ruins, mounds, and grazing sheep. There
seemed to be little remaining that could evoke more detailed information.
LAND
TRANSACTIONS
Any
activity in Old Town seemed confined to the death of inhabitants, and the sale and
purchase of their lands.
The
year 1870 saw the sale, by John Slattery, Yeoman, of Louisbourg, to his nephew, Michael
Slattery, merchant, of the same place, of a lot of land:
at
the South West of Louisbourg Harbour ... commencing at the sea shore of Louisbourg Harbour
at a point immediately in front of the Devil's Battery, so called, thence running by the
magnet 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 West two chains and twenty
links, thence South forty degrees East twenty two chains to the shore, thence along shore
Northwardly to the place of beginning ... which said interest of said John Slattery in
said above described Tract of Land consists of the one half past thereof ...
[224]
Michael
Slattery, on 24 July 1874, also obtained a lot of land from John Cryer, who had occupied
it during his lifetime, but did not have a grant of the same. The lot consisted of:
All
that piece ... of land ... in the town of Louisbourg ... 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 forty 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 westwardly since his Crown lease was issued and all the other courses
above names being according to the magnet in the year one thousand eight hundred and
seventy-four. [225]
The
Kennedys, of course, were involved in many transactions. After the death of Dennis Kennedy
the elder in 1867, there was another subdivision of the property in question by mutual
agreement amongst those Kennedys who were living and had remained at home (around 1875).
Those who fell in this category were Patrick, Dennis, Theobald, Ann, Caroline and Johanna
[Pope] - all children of the elder Dennis Kennedy. [226]
George
Kennedy, who absconded to the U.S.A., leaving several creditors unpaid, had land on which
he had previously lived, but for which he did not seem to have obtained a grant. it was
sold at a sheriff's sale to meet the claims of said creditors. Patrick Collins, one of
George's creditors, obtained on 15 May 1875 this said Louisbourg lot:
Beginning
at high water mark on the shore on the south west side of the harbor of Louisbourg at the
west gate or entrance into the Old Town; thence running south 14 degrees west 27 chains
and 47 links, thence south forty seven degrees east ten chains and seventy links, thence
north twenty four degrees east five chains, thence north forty three degrees west two
chains and fifty-nine links; thence north fifty-one degrees, west two chains and fifty-six
links, thence north six degrees east three chains and twenty-seven links, thence South
Seventy six degrees east nine chains and seventy-six links, thence South forty degrees
east ten chains, thence north sixty degrees east seven chains, thence north eighty three
degrees east fourteen chains thence north nine degrees east two chains; thence north sixty
degrees east seven chains; thence north eighty-three degrees east fourteen chains; thence
north nine degrees east four chains for a stake on the shore aforesaid and thence westerly
by the said shore at high water mark to the place of beginning, reserving hereunto a lot
of one square chain to William Cryer, containing fifty acres more or less on the South
western side of Louisbourg Harbour aforesaid.
This
lot had been issued by licence of occupation to the four sons of Dennis Kennedy Senior in
1761. It does not seem to have been a truly valid sale, for the other three sons were not
considered. Additionally, the land was not held by the Kennedys by grant and, thus, should
not have rightly been sold to meet the debts of one of them. [227]
An
interesting document is that of 5 May 1880, when Dennis Kennedy agreed to allow excavation
for relics and treasure on his lot:
Dennis
Kennedy is the owner and occupier of a certain lot of land there [Old Town Louisbourg]
containing about Eight acres and between lands occupied by the heirs of Theobald Kennedy
and Michael Pope. The said lot of land covers a part of the site or ruins of the Old City
of Louisbourg and contains within its area certain remains known as Canso Hall, and has
also within it debris, stone reliques, treasure property goods effects and remains of said
City or otherwise of various kind as is supposed not yet discovered or brought to light
and whereas John Lorway and John E. Burchell of Sydney and Michael Slattery of Louisbourg
aforesaid Esquires and desirous of making excavations diggings and explorations at Canso
Hall aforesaid and at other places within and upon said lot of land and have already
incurred expense trouble and labor in connection therewith and have made arrangements to
extend the same on the condition and understanding that the said Dennis Kennedy do grant
to them the exclusive right to make much excavations diggings and explorations and to the
debris stone reliques treasures property goods effects and remains which they shall
discover or procure on said lot of land by reason thereof. Now therefore these presents
witness that the said Dennis Kennedy in consideration of the premises and of the sum of
one dollar of lawful money of Canada to him in hand well and truly paid by the said John
Lorway, John E. Burchell and Michael Slattery the receipt whereof is hereby acknowledged
he ... Dennis Kennedy hereby bargains sells assigns transfers and sets over unto the said
John Lorway, John E. Burchell and Michael Slattery all the debris stone reliques treasure
property ... which they may find ... at the said Canso Hall or within the said lot of land
together with the sole and exclusive right and privilege of entering upon the said lot of
land or any part thereof with their servants ... and all plant and necessary material
thereon and therein making all necessary excavations and explorations mining blastings and
diggings to find and secure the same with as little damage to the soil as is consistent
with the object in view reserving nevertheless to the said Dennis Kennedy the one sixth
part of all the said debris, stone, reliques treasure property goods effects and remains
as found discovered or secured by them as aforesaid free from all expense in finding
discovering or securing the same to hold the said right and privilege to them the said
John Lorway, John E. Burchell, and Michael Slattery ... the said excavations blastings
explorations, minings and diggings to extend and continue for two years from the date
hereof and no longer these presents and covenants and agreements herein being binding and
extending, to the said Dennis Kennedy's heirs executors administrators and assigns and the
rights and transfers hereby made also extending to the heirs executors administrators and
assigns of the said John Lorway, John E. Burchell and Michael Slatterys witness.
[228]
Worthy
of mention is the fat that in 1880 Theobald Kennedy died, and his will, dated 4 March
1880, devised his real estate to his sisters, Ann and Caroline. [229]
In
the same year, 1880, Richard Power [husband of Ellen Kennedy] died, and his will, dated 27
January 1880, read thus:
I
devise to my daughter, Margaret, her heirs and assigns forever one acre of land from the
lot which I own in the old town of Louisbourg, the western corner of said acre to be the
house which I occupied there, also water lot immediately in front of said acre to be 60
feet wide extending from the water to said road; also one square acre fronting on the main
road from the Barrasois lot to be selected by herself near the gate; also one square acre
in landing Cove on Gabarus Road.
I
bequeath to my dear son, William, all the remainder of my real estate situated at the Old
Town of Louisbourg and to his heirs and assigns forever. [230]
The
reference to a house that he occupied at Old Town confirms the belief that he was an
inhabitant there. Apparently the house and acre of land were left to Margaret for a place
of residence as she was unmarried.
The
year 1881 saw Patrick Collins "J.P. of Little Bras D'Or" and his wife, Mary,
sell to Dennis Kennedy, "fisherman of Louisbourg", a lot of land that the former
had obtained at a sheriff's sale in compensation for the debts of one George Kennedy,
consisting of land at Louisbourg:
Beginning
at high water mark on the shore on the south west side of the Harbour of Louisbourg at the
West Gate or entrance into the Old Town Thence running south fourteen degrees west twenty
five degrees east five chains thence north fifty one degrees west two chains and fifty six
links thence north fifty one degrees west two chains and twenty seven links thence south
seventy six degrees East nine chains and seventy six links thence south forty degrees East
two chains, thence North eighty three degrees East fourteen chains, thence north nine
degrees East three chains and twenty seven links thence south seventy six degrees East
nine chains and seventy six links thence south forty degrees East two chains, thence North
sixty degrees East seven chains thence north eighty three degrees East fourteen chains,
thence North nine degrees East four chains to a stake on the shore aforesaid and thence
westerly by the said shore at the High Water Mark to the of beginning reserving here at a
lot of one chain square to William Cryer, containing fifty acres more or less on the south
western side of Louisbourg Harbour aforesaid. [231]
Worthy
of note is the will of John Cryer (who was occupying land at Louisbourg [Old Town] without
a grant) dated 12 May 1880, recorded 17 October 1901, which devised nine and three quarter
acres in the Old Town, Louisbourg, adjoining Edward Kavanagh's Crown Lease, to his sons,
Matthew Thomas Cryer and George Cryer. [232]
Another
lot of twenty acres which seemed to include at least part of the West Gate, the rest lying
outside the walls, was granted by the Crown to Dennis, Caroline and Ann Kennedy on 29
November 1881. It appears that the original occupants, their grandfather Pierce Kennedy
Sr., and their uncle, Pierce Kennedy Jr. settled upon this land with no title, either
under a Crown Grant or a Crown Lease. "They had merely a licence to occupy the same
and consequently neither they, nor their heirs at law or next of kin, acquired any title
in fee simple. The Crown Land Office apparently considered the various encumbrances above
referred to against some of the descendants and heirs of the first Kennedies as not
attaching to any legal title or estate in the property; and, taking into consideration the
long possession of the applicants and their ancestors of the property in question, a grant
was issued to the applicants." [233] The lot in question was that:
Beginning
at the southern shore of Louisbourg Harbour and at the north west angle of the lands
granted to Dennis Kennedy and others; thence running south 14
degrees west 25 chains;
thence west 5 chains and 37 links; thence north 19 chains and 50 links; thence north 23
degrees east 9 chains and 50 links to the southern shore of Louisbourg Harbour; thence
easterly by the shore of the same at high water mark to the place of beginning.
[234]
This
same twenty acres by deed dated 27 April 1882, was obtained by Michael Slattery from
Dennis Kennedy and wife Henrietta; Ann Kennedy; and Caroline Kennedy.
[235]
Dennis
Kennedy and his wife, Henrietta, on 17 March 1882, also sold to Pierce, Michael and James
Pope one quarter part of that fifty acre lot acquired from Patrick Collins in 1881. It was
the lot described as:
Beginning
at high water Mark on the shore on the south west side of the harbor of Louisbourg at the
West Gate or entrance into the Old Town thence running south fourteen degrees west twenty
seven chains and forty seven links thence south forty seven degrees east ten chains and
seventy links, thence north twenty five degrees east five chains, thence North forty three
degrees West two chains and fifty nine links thence North sixteen degrees west two chains
and fifty six links thence North six degrees east three chains and twenty seven links,
thence south Seventy six degrees east Nine chains and seventy Six links, thence south
forty degrees east two chains, thence north Sixty degrees east seven chains thence North
eighty three degrees east fourteen chains, thence North nine degrees east four chains to a
stake on the shore at the high water mark to the place of beginning reserving hereout a
lot of one chain square to William Cryer, containing fifty acres more or less on the
southwestern side of Louisbourg harbour aforesaid. [236]
The
deed to the three Popes (sons of Michael Pope Sr.) evidently conveyed to them one-fourth
interest in the 50 acre lot just described; however, "under the mutual verbal
understanding and arrangement amongst these Kennedy heirs - Johanna Pope the mother of
these three grantees being a sister of Dennis Kennedy- the three Pope brothers were
apportioned out of the 50 acres a lot to the eastward of a parcel of land claimed by
Dennis Kennedy (afterwards included in the C.B. Railway grant) and also certain lands
adjoining this parcel of Dennis Kennedy. (On these adjoining lands, they built their
houses and settled). The description in the deed of 1882 includes the parcel of Dennis
Kennedy but the Popes never seem to have disputed Dennis Kennedy's title and acquiesed in
it, recognizing even the claim of the widow Henrietta Kennedy to the lot, which was part
of the water front. [237]
Another
lot sold by Dennis Kennedy and his wife, Henrietta, to Michael Slattery on 27 April 1882,
was a lot of land:
...
lying on the said southern shore of Louisbourg Harbour, beginning at high water mark on
the Eastern side line of Patrick Kennedy's lot, thence south fourteen .. 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 first mentioned line thence north fourteen-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 Penn" ... [238]
Dennis
Kennedy's will, dated 19 May 1882, filed 14 August 1882, left to his four children, James,
Dennis, Theobald Matthew and Ellen Elizabeth all his real estate to be divided equally
between them. "I also will that my sisters Ann and Caroline remain on my property
during their lifetime; at their death the same to revert to my said four children".
Patrick Kennedy, (his brother), and James Price were designated executors. James was the
only child to survive as Dennis and Ellen Elizabeth both died intestate and unmarried, and
Theobald Matthew died in childhood. Ann Kennedy died in 1897, but Caroline continued to
live at Louisbourg, as did Henrietta Kennedy, the testator's widow, following his death.
[239]
On 8
May 1884, Michael Slattery of Louisbourg conveyed to John Lorway of Sydney several lots of
land. One was just outside the walls, being a former grant of ninety acres:
Beginning
at the South East Angle of land occupied by Dennis Kennedy on the shore of the Atlantic
Ocean and in the District of Louisbourg, thence running North sixteen degrees East Seven
chains fourteen links thence south fifty five degrees East four chains Seventy six links,
thence North Eighty one degrees East three chains, twenty-one links, thence North ten
degrees thirty minutes West two chains ninety links, thence south thirty eight degrees
East twenty chains, thence south seventeen degrees East eight chains to the shore thence
westerly by the shore at high water to the place of beginning ...
[240]
Another
lot, including part of the Old Town, was conveyed by a deed stating that the sale was of:
...
all the estate and interest of the said Michael Slattery in and to that certain tract of
land situate at the South West of Louisbourg Harbour ... Commencing at the seashore of
Louisbourg Harbour at a point immediately in front of the Devil's Battery ... thence
running by the magnet north forty degrees west eighteen chains thence north eighty five
degrees seven chains and twenty-eight links thence south fifty degrees West two chains
twenty links thence along shore Northerly to the place of beginning which said interest of
said Michael Slattery purchased from one John Slattery in said above described tract of
land consists [sic] of half part thereof ... [241]
It
should be remembered that this last lot was half of the Edward Kavanagh lot of 1817, the
whole of which George Slattery, who purchased it, left to his brother John and his sister
Catherine - one half to each. John took possession of the southern part and Catherine, who
later married Matthew Kehoe, took the northern part; George Kehoe, their son, fell heir to
Catherine's half. In 1870 John Slattery sold his share to his nephew, Michael Slattery
who, by the above sale, conveyed it in 1884 to John Lorway.
The
other lot Slattery sold to Lorway in 1884 was situated thus:
...
in the town of Louisbourg ... 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 forty 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 westwardly 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. [242]
In
the same year, on 18 March, Michael Slattery and his wife Mary sold two lots of land in
Louisbourg to Robert Taylor, a merchant of Halifax. [243] One was:
A lot
of land containing twenty acres ... Beginning on the southern shore of Louisbourg Harbour
and at the north west angle of lands granted to Dennis Kennedy and others; thence running
south 14 degrees west 25 chains; thence west 5 chains and 37 links; thence north 19 chains
and 50 links; thence north 23 degrees east 9 chains and 50 links to the southern shore of
Louisbourg Harbour; thence easterly by the shore of the same at high water mark to the
place of beginning.
This
was the Crown grant received by Dennis Kennedy and sisters in 1881, and which they later
[1882] sold to the said Michael Slattery, who, by this deed of 1884, conveyed it to Robert
Taylor.
The
other lot sold to Taylor was that obtained by Slattery from the Kennedies (Dennis and his
wife) on 27 April 1882, consisting of that land:
...
lying on the said Southern shore of Louisbourg Harbour, beginning at high water mark on
the Eastern line of Patrick Kennedy's lot, thence south fourteen-west two chains more or
less, to the Northern side of the main road, thence easterly along said main road, thence
easterly along said main road one hundred feet at right angles with first mentioned line
thence north fourteen-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 "Lamb's Penn" ...
Mathew
Cryer, Louisbourg, mariner and son of John Cryer and his wife Emma, sold a lot of land
left to him by his father, to Patrick O'Toole on 18 December 1886. The lot was "four
and one half acres of land ... in the Old Town of Louisbourg being one half of a nine acre
lot of land also owned by the late John Cryer, said lot having been willed by the said
John Cryer to Mathew Cryer ..." [244]
The
year 1887, 20 June, saw Elizabeth Price of Louisbourg, widow of the late James Price, sell
to James W. O'Leary of Louisbourg:
... A
lot ... at the Old Town of Louisbourg ... Beginning at the west side of the Cansor 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 north twelve
degrees west one chain and eighty links, thence north sixty two and a 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
... [245]
On 25
April 1887, as a result of a judgment against Michael Slattery, the Sheriff conveyed to
John Lorway of Sydney several of the lots to meet the payment of the debt. One lot was
that "containing ninety acres ... beginning at the south east angle of land occupied
by Dennis Kennedy, on the shore of the Atlantic ocean, and in the district of Louisbourg.
Thence running N.16 deg E. 42 chains, thence S. 66 deg.8chs. 15 lks, thence S. 25 deg. E.
4 chs. 76 lks. thence N. 81 deg. E. 3 chs. 21 lks., thence N. 10 deg. 30 min. W. 2 chs.,
90 lks, thence westerly by the shore at high water to the place of beginning."
[246]
Also
sold by sheriff's sale to John Lorway on 6 April 1888 to meet judgments against the said
Michael Slattery was a lot that was, puzzlingly enough, conveyed to John Lorway by the same
Michael Slattery in 1884 (at least, the description is similar in several respects to that
land conveyed in 1884). The 1888 deed spoke of the sale of:
...
All the estate and interest of John Slattery in and to all that certain lot or tract of
land situate on the South West of Louisbourg Harbour and described as follows:
Commencing
at the sea shore of Louisbourg Harbour at a point immediately in front of the Devil's
Battery so called, thence N. 85o W. 7 chs. 28 lks; thence S. 37o E.
8 chs. 25 lks., thence S. 50o W. 2 chs.; 20 lks., thence S. 40o E.
22 chs. to the shore, thence along shore Northwardly to the place of beginning which said
interest of said John Slattery in said above described tract of land consists of the one
half part thereof ...[247]
A
third lot conveyed in 1888 to John Lorway by sheriff's deed was that lot of land:
...
lying on the said southern shore of Louisbourg Harbor, beginning at high water mark in the
eastern side line of Patrick Kennedy's lot thence S. 14o W 2 chs. more or less
to the N. side of the main road, thence easterly along said main road 100 feet at right
angles with first mentioned line; thence N. 14o E. 2 chs. 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 Penn, and being the
same [lot] of land conveyed by Dennis Kennedy and Henrietta his wife, and Ann Kennedy and
Caroline Kennedy to Michael Slattery by deed dated 27 April 1882 recorded in R. of D. at
Sydney in Book PP, pp. 423 and 425. [248]
The
other lot of Michael Slattery in Old Town and conveyed by sheriff's sale to Lorway on 6
April 1888 was:
A lot
of land containing 20 acres beginning on the southern shore of Louisbourg Harbour and at
the north west angle of lands granted to Dennis Kennedy and others; thence running south
14 degrees west 25 chains; thence west 5 chains and 37 links; thence north 19 chains and
50 links; thence north 23 degrees east 9 chains and 50 links to the southern shore of
Louisbourg Harbour; thence easterly by the shore of the same at high water mark to the
place of beginning. [249]
This
lot had also been sold by Slattery to Robert Taylor in 1884. However, John Lorway seems to
have kept possession of it in spite of Taylor's claim.
On 11
December 1889, Richard Power of Louisbourg, fisherman, bought from one Patrick Kennedy of
Louisbourg:
...
all that certain "lot of land ... at the old town of Louisbourg commencing at the
Eastern boundary of land occupied by Michael Pope on the southern side of the main road.
Thence running southerly along Michael Pope's boundary four chains to a pond - thence
Westerly across the pond four chains and eighteen feet to Michael Slattery's land; thence
S.S.W. two chains to Slattery's pond; thence following the windings of said Slattery pond
and line about south by west thirteen chains to the rear; thence east along the rear line
two chains and seventeen feet. Thence about N.N.E. nineteen chains to the Main Road,
Thence along the Main road two chains & fifty five feet to the place of commencement.
Also one lot fronting on Louisbourg Harbour commencing at the shore at Ann and Caroline
Kennedy's eastern boundary -- Thence following the windings of said shore. Easterly one
chain. Thence to the main road and along the Main road one chain to place of commencement.
The both lots having been staked, measured and laid off by the said Patrick Kennedy and
Richard Power ... [250]
Although
this lot was part of that land sold by Sheriff's deed in 1875 to Patrick Collins and later
deeded to Dennis Kennedy in 1881, "Patrick Kennedy claimed the said land by
possession and occupancy for upwards of 20 years against all others (except the Crown) and
sold and conveyed the same to Richard Power in 1889". [251]
The 1880's thus ended
with the Old Town possessing about seven or eight inhabitants, some with families. Yet the
population showed no signs of increase, as any new settlers coming to the district seem to
have been inclined to settle in the more attractive and populated area across the harbor.
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