Land Grants in Madawaska, 1790 and 1794: Conditions of the Grants

The conditions under which the land was granted, from the Grant to Pierre Duperré, 11th June 1790; the Grant to Joseph Muzeroll and forty-eight others, 1st October 1790; and the Grant to Joseph Souci and twenty-six other, 2d August, 1794.

...they, the said several grantees, and their several and respective heirs or assigns, yielding and paying therefor, unto us, our heirs, and successors, or to our Receiver-General for the time being, or to his deputy of deputies for the time being yearly; that is to say, at the feast of Saint Michael [Sept.29] 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 same to commence, and be payable, from the said feast of Saint Michael, which shall first happen after the expiration of ten years from the date hereof.

Provided always, and this present grant is upon condition, that the said several Grantees, and their respective heirs or 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 such part thereof, as respectively they shall judge most convenient and advantageous; or else, to clear and drain three acres of swampy or sunken ground, or drain three acres of marsh, if any such be 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, until three acres for every fifty 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, they, within the time aforesaid, shall be obliged to erect on some part of their respective lots of land, one good dwelling-house, to be, at least, twenty feet in length, and sixteen feet in breadth, and to put on their respective lots of land the like number of three neat cattle for every fifty acres, or otherwise, if any part of the said tract shall be stony or rocky ground, and not fit for planting or pasture, shall, and do, within three years as aforesaid, begin to employ thereon, and continue to work for three years then next coming, in digging any stone 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 improvement, to save for ever from forefeiture fifty acres of land in any part of the tract hereby granted; and the said several grantees, and their respective heirs and assigns, be at liberty to withdraw 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 ground, or marsh therein contained; and if the said rent hereby reserved shall happen to be in 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 hereditaments, hereby granted, or if this grant shall not be duly registered in the Register's Office of our said Province, within six months from the date hereof, and a docket also entered in the Auditor's Office of the same, then this grant shall be void, and the said lands, tenements, and hereditaments, hereby granted, and every part and parcel thereof, shall revert to us, our heirs and successors.

And provided also, upon this further condition, that if the land hereby given and granted as aforesaid, shall at any time or times hereafter, come into the possession and tenure of any person or persons whatever, inhabitants of our said Province of New Brunswick, either by virtue of any deed of sale, enfeoffment, conveyance or exchange, or by gift, inheritance, descent, devise or marriage, such person or persons, being inhabitants as aforesaid, shall within twelve months after his, her, or their entry and possession of the same, take the oaths prescribed by law before some one of the Magistrates of the said Province, and a certificate of the Magistrate, that such oaths have been taken, being recorded in the Secretary's Office of the said Province; the person or persons so taking the oaths as aforesaid, shall be deemed the lawful possessor or possessors of the lands hereby granted. And in case of default on the part of such person or persons in taking the oaths, within the 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 every 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.


Return to Early Land Grants in Madawaska

Last revised 24 Feb 2002
2002 C. Gagnon