ERIC KRAUSE

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The Jost House, 54 Charlotte Street, Sydney, Nova Scotia

SAMUEL SPARROW ~ 
18TH-CENTURY CAPE BRETON ISLAND 

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TRANSCRIBED DOCUMENTS

Island of Cape Breton

                                                                                                                                                  George the third by the Grace of God of Great Britain, France and Ireland. King defender of the Faith and so forth

        To all to whom these Presents shall come Greeting. ~

                                    Know ye that We of our Special Grace certain knowledge and mere Motion have given and Granted and by these presents do give and Grant, for us Our Heirs and Successes do give and Grant unto Susannah Archer and to her Heirs and Assigns for ever all that certain Lott or Tract of Land, known and distinguished by Lott No. 21.  Situate lying and being on the North Side of Prince William Henry Sound beginning at a Stake and Stones on the shore side or Bank thence running by the Magnet North forty two degrees West fifty chains of four Rods each thence South Sixty Six degrees East fifty two chains more or less to the Shore side of the Sound aforesaid and from thence to be bounded by the Several courses of said Sound Stream to the boundary first mentioned admeasuring in the whole by Estimation Forty four Acres more or less with Allowance for all such Roads as shall be deemed Necessary to Pass through the same, and hath such shape Form and Marks as Appears by a Plat thereof hereunto Annexed together with all Woods underwoods, Timber and Timber Trees, Lakes, Ponds, Fishings, Water courses Profits Commodities Appurtenances and Heriditaments whatsoever thereto belonging or in any wise Appertaining together also with Priviledge of Hunting Hawking and fowling in and upon the same, and Mines and Minerals Saving and Reserving Nevertheless to Us Our Heirs and Successors all white Pine Trees if any shall be found growing thereon and Also saving and Reserving to us Our Heirs and Successors all Mines of Gold, Silver, Copper, Lead and Coals To Have and to Hold the said Lot or Tract containing in the whole by Estimation Forty five Acres of Land ands also all and Singular the Premises hereby granted unto the said Susannah Archer her heirs and Assigns Yielding and paying therefor unto us Our Heirs and Successors or to Our Receiver General for the time being or to his Deputy or Deputies for the time being Yearly that is to say at the Feast of Saint Michael in every year at the rate of Two shillings for every hundred Acres and so in proportion according to the Quantities of Acres hereby Granted the said to commence and be payable from the said Feast of Saint Michael which shall first happen after the Expiration of Two Years from the date hereof. Provided always and this Present Grant is upon condition that that [sic] the said Susannah Archer her Heirs and Assigns shall and do within three years after the date hereof for every Fifty Acres of Plantable Land hereby Granted clear and work three Acres at least in that part thereof as She or they shall Judge most convenient and advantageous or also to Clear three Drain three Acres of Swampy or Sunken Land, or drain three Acres of Marsh if any Such contained therein And shall and do within the time aforesaid put and keep upon every Fifty Acres thereof Accounted Barren three Neat Cattle and continue the same thereon untill three Acres be fully Cleared and improved and if there shall be no part of the said Tract fit for present Cultivation without Manuring and improving the same. She or they within the time aforesaid shall be obliged to Erect on some part of the said Lot Tract or parcel of Land. One good dwelling House to be at least Twenty feet in Length and Sixteen feet in Breadth, and to put on said Lot. Tract or parcel of Land the like Number of three Neat Cattle for every Fifty Acres or otherwise if any part of the said Tract shall be Stoney on Rockey Ground and not fit for planting or Pastures Shall do within the years aforesaid begin to Employ thereon, and continue to work for three Years then Next ensuing in Digging any Stoney Quarry or Mine one good and Able hand for every Fifty Acres, it shall be accounted a Sufficient Cultivation and Improvement. Provided also that every three Acres that shall be cleared and Worked, or Cleared and drained as aforesaid, shall be Accounted a Sufficient Seating Cultivation and Improvements to save forever From Forfeiture Fifty Acres of Land in any part  of the Tract hereby Granted. And the said Susannah Archer her Heirs and Assigns be at Liberty to withdraw her or their Stock or forbear working in any Quarry or Mine in proportion to such Cultivation and Improvements as Shall be made upon the Plantable Lands, Swamps Sunken Grounds or Marsh therein contained, And if the said Rent hereby reserved Shall happen to be Arrear or unpaid for the Space of One year from the Time it shall become due, and no Distress can be found on the said Lands - Tenements and Heriditaments hereby Granted, or if this Grant shall not be duly Registered in the Registers Office of Our said Island within Six Months from the date thereof and a Docket also Entered in the Auditors Office of the Same, then this Grant shall be Void, and the Said Lands Heriditaments and Tenements hereby Granted and Every Part and parcel thereof shall revert to us Our Heirs and Successors. And Provided also, and upon this further condition that if the Land hereby Granted to the Said Susannah Archer and her Heirs aforesaid shall at any time or times hereafter come unto the Possession and Tenure of any Person or Person or Persons whatever Inhabitants of our Said Island of Cape Breton Breton [sic] and its Dependancies. Either by Virtue of any deed of Sale. ~ Conveyance, Enscoffment, or Exchange, or by Gift Inheritance, Decent Devise or Marriage such Person or Persons being Inhabitants as aforesaid shall within Twelve Months after Her, his, or their Entry and Possession of the same take the Oaths Prescribed by Law and make and Subscrible  the following Declaration, that is to Say I _______ do Promise & declare that I will Maintain and defend to the Utmost of my Power the Authority of the King in His Parliament as the Supreme Legislature of this Island and its Dependencies before some one of the Magistrates of the said Island and Such Declaration and Certificate of the Magistrate that such Oaths have been taken, being Recorded in the Secretary's Office of the Said Island. the Person or Persons so taking the Oaths as aforesaid and making and Subscribing the said Declaration, shall be deemed the Lawful Person of the Lands hereby Granted, And in Case of Default of Such Person or Persons of taking the oaths and making and Subscribing the Declaration within Twelve Months as aforesaid. This Present Grant, and Every part thereof Shall and We do hereby declare the same to be Null and Void to all Intents and purposes, and the Lands hereby Granted and Part and parcel thereof shall in like manner Revert to and become Vested in us. Our Heirs and Successors, any thing herein contained to the Contrary Notwithstanding

Given under this Great Seal of Our Said Island of Cape Breton. Witness Our Trustu and Wellbeloved William Macarmick Esquire Our Lieutenant Governor and Commander in Chief and Over Our Said Island of Cape Breton and Its Dependencies this Tenth day of February in the year of our Lord One Thousand Seven Hundred and Ninety two, and in the Thirty Second year of Our Reign

By Command of This                                                                           (Signed) W. Macarmick
Excellency the Lieutenant
Governor

(Signed) David Mathews Junr }
                           D Secretary   }

Entered the 30th day of
July 1793 as the Great Seal was not till then Affixed in
presence of D. M.CKinnon Register

[Source: ?, February 10, 1792, pp. 102-103]

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