Land Transactions involving Alexander J. McDonell of Chichester, 1874 to 1884

April 2, 2015

Three land transactions took place involving an Alexander J. McDonell.  They took place in 1874, 1880 and then again in 1884.

#3512 page 3

#3512 page 3

Written on the left side panel: No. 3512 Deposited and entered the seventeeth day of September Eighteen hundred and seventy-six at nine/one of the clock in the forenoon. _________

Written on the left side panel 2nd page: By certificate of discharge under Mr. ____ of ___ Lanigan dated the second day of February one thousand eight hundred eighty and ______on the fifteenth day of March one thousand eight hundred & eight in Sit G Lot 7 (Folio 88) No. 4878 This Mortgage has been satisfied and paid in full.

This Indenture made in duplicate the sixteenth day of the September one thousand eight hundred and seventy-six. In pr_____ of the Act respecting short forms of mortgages between Alexander J. Macdonnell of the Township of Chichester in the County of Pontiac and Province of Quebec, yeoman, hereinafter called the Mortgagor of the first part, and Peter Langan of the same place Esquire hereinafter called the Mortgagee of the second part. Witnesseth that in consideration of the sum of three hundred dollars of lawful money of Canada now paid by the said Mortgagee to the said Mortgagor the receipt whereof is hereby acknowledged. 

The said Mortgagor do the part and mortgage into the said Mortgagee (page 2) his heirs and assigns forever. All our singular those certain parcels or tracts allowed and premises situate lying and being in the township of Chichester in the County of Pontiac and Province of Quebec, containing by admeasurement together Eighty six acres more or less; being composed of the front or south end parts of Lots numbers sixteen and seventeen in the Third range of the Township of Chichester aforesaid.  The said south end part of lot number sixteen containing thirty three acres and the said south end part of Lot number seventeen containing fifty three acres.  Provided the Mortgage to be void on payment of three hundred dollars of lawful money of Canada with interest on the same at eight per cent per annum as follows.  That’s to day, the said principal sum of Three hundred dollars to become due and payable and be paid at the expiration of three years from the date of these presents. Together with interest thereon at the rate aforesaid payable yearly in each and every year and taxes and performance of Statute labor.  The said Mortgagor convenants with the said Mortgagee money and interest and observe the above proviso.  That the Mortgagor hath a good title in fee simple to the said lands.  And that he hath the right to convey the said lands to the said Mortgagee and that on default the Mortgagee shall have quiet possession of the said lands free from all incumbrances.  And that the said Mortgagor will execute such further assurances of the said lands as may be requisite.  And that the said Mortgagor hath done no act to incumber the said lands. And that the said Mortgagor will insure the buildings on the said lands to be amount of not less than three hundred dollars currency.  And the said Mortgagor doth release to the said Mortgagee all his claims upon the said lands subject to the said proviso.  Provided that the said Mortgagee on default of payment for one month may after giving ten days notice enter on and lease or sell the said lands.  Provided that the Mortgagee may distrain for arrears of interest.  Provided that in default of payment of the interest hereby secured the principal hereby secure shall become payable.  Provided that in default of payment of the interest hereby secured the principal hereby secured shall became payable.  Provided that until default of payment the Mortgagor shall have quiet possession of the said lands.  In witness whereof the said sureties hereto have hereunto set their hands and seals. (Sgn) Alexander J. McDonell, Peter Lanagan

Signed sealed and delivered in the presence of F. McDonell, J.H. Metcalf

Received on the day of the day of the Indenture from the Mortgagee to the sum of Three hundred dollars being the full consideration there in mentioned….

Three hundred and fiftieth leaf is written on the right at the top. 

County of Renfrew: To wit:  I Franklin McDonell of the Town of Pembroke in the County of Renfrew student at law make oath and say 1st. That I was personally present and did see the within Instrument duly signed, sealed and executed by Alexander J. McDonell and Peter Langan the parties thereto. 2. That the said instrument was executed at the town of Pembroke aforesaid. 3. That I know the said parties that I am a subscribing witness to the said Instrument, and that the name J.H. Metcalf set and subscribed thereto is the name of another subscribing witness to said instrument (sg) F. McDonell.

Sworn before me at the Town of Pembroke in the County of Renfrew, this sixteenth day of September in the year of our Lord 1876 (sng) Jas H. Burritt.

A Commissioner for taking affadavits in B. R. to in Ontario to be used in the Province of Ontario to be used in the Province of Quebec appointed under Cap 79 of the Con. State Canada.

A second instrument appeared in 1880:

No. 4878 

Left side of page: Deposited and entered the fifteenth day of March one thousand eight hundred and eighty at nine o’clock in the forenoon.

To the Registrar of the County of Pontiac and Bryson Village, I Peter Lanigan of the Township of Chichester in the County of Pontiac of the Province of Quebec do hereby certify that Alexander J. McDonell of the said Township of Chichester hath paid the sum of money due upon deed or Mortgage becoming due the sixteeth day of September one thousand eight hundred seventy six made between the said Alexander J. McDonell of one part and the said Peter Lanigan of the other part which is registered on the day seventieth of September one thousand eight hundred and seventy-six. An I hereby ___of such may ___to be entered in the register whoever the same register pursuant to law.

As Witness my hand this second day of February in the year of our Lord one thousand eight hundred and eighty.  Signed by Peter Lanigan

 Signed in presence of: W. Biscett, E. Dralle

 District of Allumette

To Wit: W. Bissett of the Chapeau Village being dully oath and say that he was personally present ____Instrument duly signed executed by the party ____

Sworn before be at Chapeau Village this twenty-eight day of February 1880. _____J.P. 

 This instrument was done in 1884/85 and was very difficult to read:

#7332 page 2

#7332 page 2

No. 7332 – Deposited and entered the eighth day of June one thousand eight hundred and eighty-five at nine o’clock in the forenoon.

This Indenture made and executed this nineteenth day of July in the year of our Lord one thousand eight hundred and eighty four between Alexander J McDonnell of the Township of Chichester in the County of Pontiac & Province of Quebec, yeoman ___office first part and James Hennessy of Chapeau Village said County & Province Blacksmith – party of the second part Witnesseth that ___party of the first part hath ___assigned ___part our Canada ____these presents doth sell assign transfer and make ___ premises for a ____grass ___against all alienations, ____eviction, ___________and other hindrances whatsoever so for the ____party of the seventh part hereto present and accepting hereof as ___for himself his heirs and assigns all that certain nice parcel of __of situate lying ___Township of Chichester in the County of Pontiac, ____afore____know and _____Number Eleven in the first range of the Township of Chichester containing by a ____eighty one acres ____more or less with all and ____the members and appurtenances _____assigned ____made ____intended so _______________

 Price or sum of one hundred dollars of lawful money of Canada _____party of the second part _____delivery hereof the receipt whereof is hereby acknowledged. In testimony _____

 Chapeau Village the day month one year ___before written in presence of the subscribing witnesses:  M. Gaffney and J.M. In….

Signed:  Alexander J. McDonell, James Hennessy

District of Ottawa a Marchard Gaffney of the Chapeau Village

To Wit: I Marchand being duly sworn deposseth and saith that he was personally present ___the fore boing Instrument duly signed by all the parties thereto on the day of the date thereof ____said parties and the witnesses ___signed the same on the _____M. Gaffney.

Sworn before me at Chapeau Village this Nineteeth day of Uly 1884, M. Bissett a Commissioner for ____affidavits file ___in the superior court district.

In past posts I have shared the land patents of Alexander John McDonell and the information in the land description of that patent which I featured on that post is the same as the information above for #7332.

Letters Patent Alexander John McDonald 1883, February 2, 2015

Here is a photo of the page from the Land Patent books and you see that an Alexander McDonell has ownership of Lots 16 and 17 in June 1869.

Patents for Chichester

Patents for Chichester

According to others Alexander John McDonell died in 1875.  I don’t see anywhere in these instruments regarding him as deceased or anyone representing him?

However if you look at the 1871 Canadian census and the 1881 you will find a Alexander or A. McDonell living with D. or Daniel Kennedy and Jane daughter of Jenet Catherine. This means Jane is his granddaughter.  In 1871 he is 74 and in 1881 he is 70.

1871 Canadian Census Allumette Island, Pontiac South, Quebec, Dist#91, Div#2, SD#k, page 25, there are two versions of this page.

Line 14, 73, 75 McDonel, A.H. M, age 74, born Ontario, Scotch, Farmer, Widowed. Kennedy, D.J. M, age 22, Farmer, Married, Kenedy, Catherine, F, age 18, born Quebec, Married, Kenedy, Mary Marcella, F, age 3/12 Jany., born Quebec, McDonnell, Elizabeth, F, age 68, born Ontario, Kenedy, Mary Chisholm, age 60, born Quebec, Married, all Roman Catholic.

1881 Canadian Census, Chapeau, Allumette Island, Pontiac, Quebec, Dist#98, SD#O, page 13, John Lynch.

Line 7, 55, 55, Kennedy, Daniel, M, 32, born all born Quebec, all Scotch, all Catholic, farmer, Married, Kennedy, Jane, F, 28, Married, Kennedy, Mary, F, 10, Kennedy, Clara, F, 7, Kennedy, Alexander, M, 5, Kennedy, Margaret, F, 3, Kennedy, Helena, F, 1, Leahy, Joseph, M, 11, Born Quebec, Irish, McDonald Alexander, M, 70, born Ontario, Scotch, labourer.

I have reached the end of my posts about the research on the McDonell’s that I have done over the past years.  This means I have finished up on all the research I did in Canada in 2012 and 2014.  It does not mean I am done with trying to find the origins of Alexander John McDonell and Archie McDonell, it means I will be moving on to other topics, like the reason I named this blog The Man Who Lived Airplanes.  


John McDonald of Sheenboro and Land Transactions 1867

March 26, 2015

John McDonald was involved in several land transactions in April of 1867. These were obtained by the researcher I hired and unfortunately they are extremely difficult to read.  I have copies of the written indentures and am willing to share them with descendants of John and Julia McDonald of Sheen Twp., Pontiac Co., Quebec.

John McDonald was living in Sheen Township and I believe him to be the brother of Archibald McDonell my great grandfather the one of the subjects of this blog.

I present these instruments as best I can.  I sometimes like to see if I can learn more about the individual’s involved in the deeds and I did find out a little about some of the people involved.

The name in the instrument is James Keon and there is a person with that name living in Chichester in 1871 and next door a Andrew Keon close to his age living in Sheen.  Both of these men are Irish with James being born in Ireland while Andrew was born in Quebec.  James is living in Chichester with his wife Jane, sons Andrew, John and daughter Mary.  The son Andrew is 6 years old.

I found Thomas Deacon a Barrister listed in the 1871 Census for Canada as well. He is living in Renfrew North in Pembroke with his wife Caroline and children: John, Herbert and several others.

I was not able to find John Henry Metcalf in the Canadian census.  It is possible he moved around in his duties as Article Clerk? http://en.wikipedia.org/wiki/Articled_clerk

Here is the first instrument:

Al_80_801_RP Image 001 etc. John McDonald, 

No. 801 1867 

April the sixteenth at half past [four] of the Clock in the afternoon

 A Memorial to the registered of a Deed of Bargain and Sale bearing date the twelfth day of April in the year of our Lord one thousand eight hundred and sixty seven and made between James Keon of the Township of Sheen in the County of Pontiac and in the Province of Canada yeoman of the first part Jane Keon of the same place his wife/for the purpose of bearing her Dower and by and with the consent and application of the said James Keon her husband _______and by the execution of these presents of the ____part and John McDonald of the same place shoemaker of the third part. By which said Deed the said James Keon of the consideration ______six ______bargain sell and confirm with the said John McDonald his Heirs and assigned all that certain Lot of Land situate lying ____ in the Township of Sheen in the County of Pontiac and the Province of Canada containing by above assessment Ninety-nine acres ______more or less together with the______allowance ___________which said Lot of land _____therein known as follows all that contains Lot number Sixty Three, in the third Range of the Township of Sheen aforesaid ___ and except one acre square situate in the ____ of the said Lot. The said one acre _____then excepted being bounded to the Northwest ____Southwest by the Northwest and Southwest _____of the Lot respectively

To have and to hold to the said John McDonald, his heirs and assigns forever  and the said James Keon wife of the said James Keone and by _____________________________by his execution of these presents Did thereby grant, bargain, sell, remiss and ______unto the said John McDonald all her Dower and all her _____title as _____________________________________

Which said deed is witnessth by John Henry Metcalfe of the Town of Pembroke in the County of Renfrew Article Clerk and Thomas Dacross/Daucoss of the same place Barrister at Law and the said deed ____________by the said John McDonald. 

As witness his hand this twelfth day of April in the year of our Lord one thousand eight hundred and sixty seven.  Signed John McDonald

Signed in the presence of John Henry Metcalf of the _____ Pembroke Articled Clerk. Thomas Deacon of the same place Barrister at Law.

County of Renfrew

To wit: 

I John Henry Metcalfe of the Town of Pembroke, County of Renfrew, Articled Clerk, ____________Make Oath and say: That I was present together with the subscribing Witness and saw the Deed of which is in Memorial duly executed by  ____________Jame Keon, James Keon his wife and John McDonald made the said aforesaid duly executed by the therein _____ John McDonald for Registry thereof and that the said Thomas Deacon of the Town of Pembroke Barrister at Law and subscribing witness both to the said Deed ___aforesaid and that the were respectively executed by all the said parties at the Town of Pembroke in the County of Renfrew.

Signed John Henry Metcalf

Shown before me at the Town of Pembroke, and the County of Renfrew the twelfth day of April A.D. 1867. Signed Andrew Irving

All ___________________________Court for ____Canada _________________affidavit to one Upper Canada ____________Lower Canada appointed under Chapter 9 of the Consolidated ____of Canada.

A second instrument was created regarding this same event.  You can see from the photograph that the handwriting it difficult to read:

2nd deed a portion for John & Julia McDonald

2nd deed a portion for John & Julia McDonald

 

AL_80_804_RB 

No. 804 1867

April the twenty third ten of the clock in the forenoon

A Memorial to the registered of a Deed of Sale Bargain and Sale by way of Mortgage in the records and figures following——This Indenture by way of Mortgage made the Twelfth day of April in the year of our Lord one thousand eight hundred and sixty seven—Between John McDonald of the Township of Sheen, in the County of Pontiac, in the Province of Canada _______hereinafter called the Mortgagor of the first part Julia McDonald of the same place the wife of the said John McDonald for the purpose of baring her Dower in the land herein after described and by and with the consent and approbation of her said husband, testified by his being a party to executing these presents of the second part said James Keon of the same place yeoman hereinafter called the Mortgage of the third part.

Witnesseth: That in consideration of the sum of five hundred and forty dollars of lawful money of Canada _____by the Mortgage of the Mortgagor ___which is hereby acknowledged ____with the Mortgagor, doth grant bargain and sell with the said Mortgage_, his heirs and assigns forever All said land that contains Lot of land situate, lying and being in the Township of Sheen in the County of Pontiac in the Province of Canada containing by and ________Ninety-Nine acres ______________________together with _____allowance for _________as to say which said Lot All that contains Lot number Sixty three in the third range of the Township of Sheen aforesaid and except one acre square situated in the Western corner of the said lot. The said one acre square This excepted being bounded to the Northwest and Southwest by the North West and Southwest ____of the Lot ______________

To Have and to Hold the ________________________said James Keon and his heirs and assigns ______________________________________________set forth in the original grant ___the Crown and also to the ____________hereinafter_____set forth.

Provided the Mortgage to the __________payment of [T    ] hundred forty dollars of lawful money of Canada as follows, that is to say: The sum of [      ] hundred dollars paid thereof on or before the twelfth day of April in the year of our Lord  A.D. 1868 and the further sum of Forty dollars ____thereof on or before the twelfth day of April in the year of our Lord A.D. 1869 and taxes and _____________of situate _____.

The Mortgagor __________with the Mortgagee, that the Mortgagor will pay the Mortgagee _______the above premises and that the Mortgagor ______fee simple to the said lands _____________to the Mortgagee. ____________________

 In Witness whereof the said parties hereto have herewith set their hands and seals the said day and year for and above written.

 Signed by John McDonald

Signed by Julia X McDonald

Signed by James Keon

Signed sealed and delivered in presence of

 John Henry Metcalfe of the Town of Pembroke Article Clerk

Thomas Deacon of the same place Barrister at Law

 Witness to the executions by John McDonald and James Keon

Leon Boucher

Andrew Keon   Witnessed to the executions by Julia McDonald

Which said indenture way of Mortgage is witnessed by John Henry Metcalfe of the Town of Pembroke in the County of Renfrew Article Clerk and Thomas Deacon of the same place Barrister at Law with the execution by John McDonald and James Keon two of the parties thereto and by Louis Boucher of the Township of Sheen, County of Pontiac shoemaker and Andrew Keon of the same place yeoman to the execution by Julia McDonald that of her party thereto _______________hereby requested to be registered by one James Keon the grantee with said indenture by way of Mortgage ____________

 In Witness set hand and seal this Seventeeth day of April AD 1867 signed James Keon

 Signed and sealed in presence of:

John Henry Metcalfe

Andrew Keon

County of Renfrew to wit:  John Henry Metcalfe of the Town of Pembroke in the County of Renfrew Article Clerk make oath and say that I was present together with Thomas Deacon of the same place Barrister at Law and saw John McDonald and James Keon hereby ________the Indenture of Bargain and Sale by way of Mortgage to which the above ______________with their subscribing witness said James Keon _______________of the said Memorial and that I _____________and the said Thomas Deacon ____subscribing witnesses to the said Indenture by way of Mortgage and I saw also subscribing of witness to this Memorial _________________executed by the parties aforesaid at the Town of Pembroke on the said County of Renfrew signed John Henry Metcalf.

Sworn before me at the Town of Pembroke in the County of Renfrew this Seventeenth day of April A.D. 1867.

Thomas Deacon a Commiss’r of the ______Court of Lower Canada for taking affidavits Upper Canada to the record in Lower Canada appointed under Chapter 49 of the consolidated statutes of Canada 

This is an example of looking at records for both sides of the Ottawa River.  I wonder what is in the Renfrew County records regarding this transaction.  Here is a little more information about the use of the term “Memorial” in law, see the book:  The Revised acts and Ordinances of Lower Canada at Google Books under Forms of memorials and certificates of discharge, pages 219 to about 222.

These two instruments do cause a dilema in that now I want to know more about what was going on and if there were other documents that are not presented here.

 


Archibald McDonell sells his land in Chichester 1901

March 19, 2015

Finding the following deed was very satisfying.  I am grateful to the researcher who assisted me.  I wanted to know when Archie sold the land in Chichester and left for Minnesota.  This deed placed that event.

Sale of Land, Chichester Twp., Pontiac Co., Quebec: Archibald McDonell, farmer Chichester Twp., to John J. McCrea Lumber Jobber of the Allumette Island.  It is interesting that this deed is typed and not in handwriting.  The McCrea name is spelled a variety of ways like McRea in these deeds.

1901 Archie McDonell Deed selling land in Chichester

1901 Archie McDonell Deed selling land in Chichester – partial

 AL 80 17 684 RB Registrar Foncier, (20 Chichester, pg. 1 de 2, No. 17684 or 171184 Deposited and entered the 31st day of October 1901, at 9 am, W ______, Registrar.

Before me, D. Leguerrier the undersigned, public notary in and for the Province of Quebec, residing at Fort Coulonge and for the present at Chichester in the county of Pontiac, aforesaid Province.  Mr. Archibald McDonald, farmer, of the Township of Chichester, aforesaid County, he has sold and conveyed with legal warranty and free and clear of all encumbrances, unto Mr. John J. McRea also farmer and lumber Jobber, of the Allumette Island in aforesaid County of Pontiac hereabout present and accepting purchaser for himself, his heirs and assigns.  A lot of land containing one hundred acres, be the same more or less and known and designed to the official plan and book of reference of the Township of Chichester as being the lot number thirty five (35) of the second range of the Township of Chichester in aforesaid County of Pontiac.

Included in the same deed of sale, the possession and enjoyment he, the said vendor has the Government buildings, consisting of horse and cow stable, store house, pig pen, poultry house and machineries shed and all the plants now standing there, the whole unto the charges of the vendor, at present, of the Culbute Channel. 

And included also the property and ownership that he, the said vendor has in the two additional buildings in the Government house, to wit: a summer kitchen, a winter apartment built in the main body of the Government house, the said additional buildings constructed and executed by the said vendor at his own costs and expenses, though without authorization of the Government, but needed by the vendor to keep his children at home and have them work on the farm for himself, on account of insufficiency of the Government salary. 

And more over and included in the same deed of sale and conveyance, all the moveables lying on the said premises. With all and every the rights, members and appurtenances thereto belonging, of which the said purchaser ____cares to have a perfect knowledge and therewith to be content.  The vendor is lawfully seized of the said property the same having been acquired by him from the Crown Land department, Quebec, and delivers, at these presents, the Crown Land deed.  To have hold, use and enjoy the aforesaid conveyed and sold Lot of Land, buildings and premises, and moveable, with their rights, members and appurtenances unto the said purchaser his heirs and assigns as his and their own proper freehold forever by virtue of these present, to enter upon and with.  The present sale and conveyance has been thus made for an in consideration of proper price or sum of five hundred and fifty dollars paid cash at the execution hereof by the said purchaser to the said vendor the receipt whereof is hereby acknowledge, where of quite.  Done and passed under the number eighteen hundred and sixty three, at the domicile of the vendor in the Township of Chichester aforesaid, on the sixteenth day of September on thousand nine hundred and one, and after due reading hereof the parities vendor an purchased have signed with me said Notary (signed Archie McDonald. John J. McCrea, D. Leguerrier N.P. Certified true copy of the original remaining in the office of the undersigned Notary, D. Leguerrier, N.P.

Archie and Mary McDonell had lived on the land in Chichester for 44 years or about and Archie, if he was born in 1838, would be 63 years old in 1901. The reference to the Culbute Channel and the description of the buildings is worth obtaining this deed and add credibility to the story that he was the locksmaster for the Culbute locks. His children decided that he and Mary needed to sell and come with them to Minnesota. He lived till 1912 and passed away in his sleep.  Mary followed in 1913. They are buried in the cemetery International Falls, Minnesota.

This also implies that in 1901 there were a lot more buildings on the property and I wonder if they are there anymore.  What about government papers hiring Archibald as the lockmaster or more on the building of the locks which government body was involved.  The possibilities are there for more research.


Archibald McDonell’s Land Transactions in Chichester 1872 and 1877

March 12, 2015

Archibald McDonell, my great grandfather, lived in Chichester.  I have shared in a past post that he had land patents.  He  had several land deals that he participated in during the course of his lifetime.  These may not be all that he was involved with. These are a few found by the researcher I hired in 2012 to help me.

The following deed and mortgage has to do with Archie’s first patent of 1868. It is good to see Mary participating.

1872 Archie McDonell to John McCrea

1872 Archie McDonell to John McCrea

No. 1932 – April 1872 AL_80_1_932 RB image Registre du Foncier

Deposited and entered the nineteenth day of April one thousand eight hundred and seventy two at nine of the clock in the morning N. ____J.P. 

This indenture made at Chichester in the County of Pontiac, Province of Quebec the 9th day of April one thousand eight hundred and seventy-two i

Between Archibald McDonnell of the Township of Chichester, County of Pontiac of the first part Mary McDonell wife of the said party of the first part; of the second part and John McCrea of the Township of Chichester & County of Pontiac on the third part. Witnesseth that the said party of the first part in consideration of the sum of $780.00 of lawful money of Canada to him by the said party of the third part in hand well and truly paid at or before the sealing and delivery of these presents (the receipt whereof is hereby acknowledged) doth grant unto the said party of the third part his heirs and assigns all and singular that certain parcel or tract of land and premises situate lying and being Lot No. 43 in the third range of the Township of Chichester County of Pontiac & Province of Quebec together with the appurtenances.

 To have and to hold the same lands tenements hereditaments and all and singular other the premises hereby conveyed or intended so to be with their and every of their appurtenances unto the said party of the third part his heirs and assigns forever and this Indenture further witnesseth that the said party second part with the ___ and full approbation and consent of her said husband testified by his being a party to these presents in consideration of the premises and also in consideration of the further sum of five shillings of lawful money of Canada aforesaid when by the said party of the third part in hand well and dully paid at or before the sealing and delivery of these presents the receipt whereof is hereby acknowledged that granted and released and by these presents doth grant and release unto the said party of the third part his heirs and assigns all dower and other right and little thereby which she the said party of the second part now hath or in the event of surviving her said husband might or would have in to or ____out of the lands and premises hereby conveyed or intended so to be and the said party of the second part doth hereby for himself his heirs, executors, administrators covenant premise and agree with and to the said party of the third part his heirs and assigns in the manner following that is today That he is the said party of the first now hath in himself good right full power and absolute authority to convey the said lands and other the premises hereby conveyed or intended so to be with their and every of their appurtenances unto the said party of the third part in manner aforesaid and according to the true intent and meaning of these presents and that it shall be lawful for the said party of the third part-his heirs and assigns from time to time and at all times hereafter peaceably and quietly to enter upon have, hold, occupy and possess and enjoy the said lands and premises hereby conveyed or intended so be with their and any of their appurtenances and to have, receive and ____the rents issues and profits thereof and every party thereof to and for his and their use and benefit inherit any let, sent-trouble, denial, eviction – interruption, claim or demand whatsoever of from or by him the said party of the first-part-or his heirs or any other person or persons whomsoever, and that free and clear and freely and absolutely acquitted exonerated and forever discharged on otherwise by the said party of the first-part-or his heirs well and sufficiently saved kept _____ and indemnified of from and against any and every former and other fit grant bargain, sale, _____ dower, use, trust, entail, will, statue, recognizance judgment execution, ________rent, annuity, forfeiture, _____and any and every other estate, title, charge trouble and encumbrance whatsoever and lastly that he the said party of the first part his heirs, executors or administrators and all and every other person whomsoever having or claiming or who shall or may hereafter have or claim any estate right, title or interest whatsoever either at law or inequity in to or out of the said lands and premises hereby conveyed or intended so to be or any of their or any party thereof by ___under or in trust for him them or any of them shall and will from him to him and at all times hereafter upon any reasonable request-and at-the costs and charges of the said party of the third part his heirs and assigns make do or execute or cause to be made done or execute shall such further and other lawful acts, deeds, things, devises, conveyances, and assurances in the law whatsoever, for the better, more perfectly and absolutely conveying and assuring the said lands and premises hereby conveyed or intended so to be and every part-thereof with their appurtenances, unto the said party of the third part his heirs and assigns, his or their council in law shall be reasonably devised advised or required so as no person who shall be required to make or execute such assurances shall be compellable for the making or executing thereof to go or travel from his usual place of abode.

 In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.

 Signed Sealed and delivered in presence of Wm. J. Poupore and Chas C. [Orerman]  Signed by Archibald McDonell, Mary McDonell. John McCrea

 County of Pontiac

To Wit:  I Wm. J. Poupore of the Township of Chichester, County of Pontiac merchant, maketh, ask and saith that I was personally present and did see the within transfer deed dully signed sealed and executed by John McCrea, Archibald McDonell, and Mary McDonell of the Township of Chichester & County of Pontiac first and their parties [Jan….] that the aforesaid transfer was executed at Chichester in the aforesaid County that I know the said parties and that I am a subscribing witness to the said transfer Sworn before me at Allumette this 12 day of April 1872                                          Wm. J. Poupore

W. S. Grey:  [Com] for taking affidavits in the Court of Queens [Birch or Bench] for the District of Ottawa.

So this deed was done at Allumette by Wm. J. Poupore.  The Poupore family was very prominent in the area.  This looks more like a court process than one done by a notary?

This was followed by a Mortgage the same day (AL_80_1_934 RB 001):

No. 1934 Deposited and entered the nineteenth day of April one thousand eight hundred and seventy two at nine of the o’clock in the morning, W _____JP.

By a Certificate of discharge under the name of Archibald McDonnell dated the first day of May one thousand eight hundred and seventy seven and registered on the ninth-day of the same month in year in Lib. E Folo 5 ___ 501 This Mortgage has been satisfied and paid in full.  M.____J.P.

This indenture made this ninth day of April in the year of our Lord one Thousand eight hundred and seventy-two in assurance of the act respecting short forms of Mortgage between John McRea of the Township of Chichester hereafter called the Mortgagor of the first part and Archibald McDonell of the Township of Chichester hereafter called the Mortgager of the second part Witnessed that in consideration of three hundred and thirty dollars of lawful money of Canada now paid by the said Mortgagee to the said Mortgagor of the Receipt whereof is hereby acknowledged the said Mortgagor doth grant – and Mortgagr unto the said Mortgagee his heirs and assigns forever all that certain parcel or tract of land situate lying and being the Township of Chichester, County of Pontiac known as Lot No. forty-three in the third Range of the Township of Chichester aforesaid the said Mortgagor to pay unto the said Mortgagee the sum of three hundred and thirty dollars at the expiration of four months from this date by the 9th day of April 1872 and if not paid at the above named period Interest to run at the rate of seven percent per annum until paid and if paid as above agreed this agreement or Mortgage to be null and void.  The said Mortgagor is to pay unto the said Mortgagee the above mentioned sum immediately after it becomes due if required by said Mortgagee. 

In witness whereof the said parties hereto have hereunto set their hands and seals.

Signed sealed and delivered in the presence of Wm. J. Poupore. 

Signed by John McCrea and Archibald McDonell.

County of Pontiac I, W. J. Poupore of the Township of Chichester and County of Pontiac maketh oath and saith.

1st That I was personally present and did see the written Mortgage duly signed sealed and executed by John McRea & Archy McDonell the parties thereto.

2nd That the said Mortgage were executed at Chichester in the aforesaid County.

3rd that I know the said parties

4th That I am a subscribing witness to the said Mortgage Sworn before me at Allumette this 12th day of April 1872                         Wm. J. Poupore

W.S. Grey [Com] for taking of affidavits in the Court of Queens (Birch/Bench) for the district of Ottawa.

Five years later the Mortgage was satisfied in 1877:

No. 37/13

Deposited and entered the Ninth day of May one Thousand eight hundred and seventy-seven at nine o’clock PM Mr. _______________

Province of Quebec                Dominion of Canada

To Wit )

To the Registrar of the County of Pontiac Q, Archibald McDonnell of the Township of Chichester in the County of Pontiac ____do hereby certify that John McCrea of said Township of Chichester, farmer hath satisfied all money due ______on a certain Mortgage made by Mr. John McCrea to the said Archibald McDonell which Mortgage was date the Ninth day of April AD 1872 and was registered in the Registry office for the County of Pontiac on the Nineteenth-day of April AD 1872 at Nine O’clock ____ in Liber C, Fol 3 ____ 392 as No. 1934 and that such Mortgage has not been assigned and that I am ___________entitled by law to receive the money and that such Mortgage is therefore discharged.  Witnessed my hand this first day of May AD 1877.

Witnesses:  John McEachin, Of the town of Pembroke, Merchant clerk,     

John McDonnell of Chichester, Innkeeper. )

Signed by Archibald McDonell

Ontario County of     )   I, John McEachen of the Town of Pembroke, County of Renfew, Merchant-clerk

Renfrew  to wit       )  on this ____ say

  • That I was personally present and did see ___in the certificate of Discharge of Mortgage duly signed and executed by Archibald McDonnell one of the parties thereto
  • That _____ Certificate of Discharge of Mortgage was executed at the Township of Chichester by in the County of Renfrew
  • That I know the said Archibald McDonnell
  • That ____subscribing ___ to the said Certificate of Discharge of Mortgage and so is John McDonald of the Township of Chichester an Innkeeper.

Sworn before me at Pembroke in the County of Renfrew this first day of May in the Year of our Lord 1877. M. O. Driscoll Commissioner for ____________in Ontario for Province of Quebec.

The handwriting is very difficult to interpret, I did my best.  It is interesting that the transaction covers both Renfrew and Pontiac County.

If anyone knows anything about any of the other names in these land transactions I would love to hear from you.

There is a link to Sessional papers at Google books for 1888 that covers the Pontiac area.  Just use William J. Poupore and you will find it.

Here is a link to information about Mr. Poupore.

http://enc.tfode.com/William_J._Poupore


Quebec Notaries – Sigh!

March 5, 2015

The other part of Quebec genealogical research is consulting the notaries. They are considered members of the legal profession in Quebec.

This article was rather helpful in explaining the difference between notaries in Quebec versus a notary public which most of us in the US are more familiar with:

What’s in a Namehttp://www.tradulex.com/Actes2000/StAubin.pdf

The notaries did the day-to-day legal business of the people of Quebec and kept logs of their transactions.  You will find various legal documents or instruments used:

1.  wills (testaments). The Notary can administer and estate without the formality of probate.

2. partage (family who will receive a share of the estate),

3. guardianship papers

4. donations (early wills)

5. engagements (early contracts – indentures)

6. deeds, mortgages, land transactions, transfers, leases

7. contracts

8. inventories

9.  marriages (early Quebec but not as much after 1800) contrats de mariage

10. and more…

Notary records are an important part of Quebec’s Civil law which resembles French Civil law.

The person involved in the transaction with a notary kept the original document while the notary made copies. The copies are called “minutes.”  The individual notaries archives are termed his “greffe.” If he goes out of business he sells his greffe to another notary or it is filed with the Prothonotary of the Judicial District where he served.  As time went on the Quebec government decide to collect them and they are supposed to go to the ANQ (Archives of Quebec/BAnQ) and to be placed in the branch ANQ that serves the appropriate judicial district.

These notarial acts are listed by name of the notary and the dates he functioned and not by the person involved in the contract.  Therefore, you have to identify the notary that was in the area you are researching and the dates he was active.

As you know counties changed and jurisdictions changed so you have to research the history of the area. Pontiac county was under Ottawa County in the early years and then under the Montreal district even earlier based on the Letters Patent that I have collected and studied.  http://en.wikipedia.org/wiki/Montreal_District

There are several publications that can be of help.

Here is the title page of a copy of an index I obtained of the notaries in the Pontiac area at the BAnQ in Gatineau in 2012.  The librarian at the BAnQ on Viger street in Montreal said it was good I had these pages.

Notaries listed

Notaries listed

Source:  Index des Lieux, et des Notaires 1621 to 1991, Jean-Marie Laliberte fc., Montreal, 1991.  The older version was Index des greffes des notaries decedes, 1645 to 1949 comp. Jean-Marie Laliberte (Qubec. B Pontbriand 1967).

Source:  Quintin, Robert J. The Notaries of French Canada, 1626–1900: Alphabetical, Chronologically, by Area Served. Pawtucket, Rhode Island, USA.: R. J. Quintin, 1994. (Family History Library book 971.4 N3n; film 1750788 item 120.)

Here is short summary of other options for finding Notaries:

1. The Online database at the BAnQ in Montreal is not complete.  It is an index with names and some of the documents for all regions of Quebec up to 1933.  For our purposes Hull and Pontiac are featured. You do have to browse.  It most indexes and some actual acts.

Database:  Archives des notaires due Quebec des origines a 1933, under Outaouais has the District of Hull, District de Pontiac and District de Labelle. Here is the link.

http://bibnum2.banq.qc.ca/bna/notaires/index.html

For Pontiac there are two listed:

Mackay, Stephen-Alexandre no dates  CN702,S1 – Index only.

Pellerin, J.-Desire 1907-1924 CN702,S2 – Index only.

Hull had more names (18) and dates and the earliest are listed here:

Barsalou, Charles 1869-1895 CN701,S21 – Index and acts

Beaudin, Jean-Baptiste-Alphonse, 1874 to 1905 CN701,S2

Brayer dit Saint-Pierre, Julien, 1867-1913, CN701,S17, Repertoire chonologique and Index des noms.

Mackay, Francois-Samuel, 1845-1892, CN701,S10

I looked up these notaries in the BAnQ Pistard catalogue under Genealogy on their website and there are some with images of the indexes and more. This Pistard catalogue gives a detailed description of the holdings and where the notary operated.  The CN numer is the Pistard catalogue designation.

http://pistard.banq.qc.ca/unite_chercheurs/recherche_simple

2.  You might have to go to the BAnQ Centre in Gatineau to look at the documents. The librarian at the BAnQ in Montreal that they were all on microfilm but I am not sure about that?

https://www.banq.qc.ca/archives/entrez_archives/centres_archives/ca_outaouais.html

It has its own website:  Centre regional d’archives de L’Outaouais.

http://www.craoutaouais.ca/

I visited this archive in 2012 in Gatineau and if I was to go again this is what I suggest.  You can find my comments in my post about my visit there, just remember I was not happy.  I was also not as prepared as I am now.  I know a lot more.

My visit:  Ottawa and Gatineau, June 7, 2012

1.  Find a researcher who speaks French and go with them to this archive. This is an option.

2.  The person behind the counter did not speak English only French and he panicked when I visited.  I realized that he could read English so I wrote down what I wanted.  It worked.

3.  When you first enter you will be greeted by a volunteer who probably is with the genealogical society of the area.  Their focus is French Canadian genealogical research not English Quebec research.  If you have an English Quebec ancestor who married a French Canadian you could trace them and see what comes up?  The man who was there said he did all his research online and when I told him my ancestor was English he didn’t have a clue.  About 2 hours later another man came and he gave me a tour. So in all fairness they can be helpful.

http://genealogieoutaouais.com/

4.  I suggest that you take the control and ask them to show you where the lockers are, get you set up for parking permit and then show you the holdings by taking you around the research area and pointing out where things are and what is there.  It consists of their societies holdings and the BAnQ’s holdings.  Books are out in the research area.

5. Before you go study the BAnQ Pistard catalogue.  It has the holdings listed online by location and give you more details.

http://pistard.banq.qc.ca/unite_chercheurs/recherche_simple

6.  This archive is over along Hwy 148 off in Gatineau between Blvd. Greber and Blvd. de L’Hopital.  So make you look at the BAnQ website before you and get the correct address and do not Google it or you will get very confused and get the old Hull address.

7.  Ancestry.com has a searchable database: Quebec Notarial Records (Drouin Collection) 1647-1942 but I am have not figured out how to use it and it is browse only.

8.  Family history library as a how to but be careful I believe some of the links are out of date.

https://familysearch.org/learn/wiki/en/Quebec_Notarial_Records

9.  Library and Archives has some in their collection: Fonds des greffes de notaires due Quebec you will have to decide if they are what you need.

http://thediscoverblog.com/2014/08/21/notarial-records/

10.  For the oldest notarial records 1635 to 1784 consult the Parchemin database available at BAnQ and some public libraries. The focus for indexes has been on the earlier years in Quebec covering the 1635 to about 1784.  The area of Pontiac was probably not settled till about 1830 per the newspaper article I shared in the post about the Ottawa Lumber kings.

Here are some books but they are getting old and so far I have not found an up-to-date guide on genealogy in Quebec, why is that?

 1.  The book French Canadian Sources, A Guide for Genealogists, Ancestry 2001 has a chapter on Notaries on page 167 which is more of an overview.  This book is helpful but focuses on the Quebecois and you need to know about this because a lot of our English (British Isles) married French Canadian. There is a nice list of French legal terms and definitions in the Notary chapter.  I found a copy at the Ottawa Public Library in 2012.  I now have my own copy.
2.  Finding Your Ancestors in English Quebec by Althea Douglas, MA, CG (C), Heritage Productions Book HC02, 2001.
This book is geared to the search for English in Quebec.  It is not very expensive and should be easy to get copies. I have seen these for sale at conferences. The Heritage Quest Research Library in Sumner, WA has these books and maybe they will sell you one?  http://www.hqrl.com/contactus.html

As I learn more about Quebec genealogical research I will continue to share my discoveries on this blog. There are a couple of websites I want to explore that I have learned about on my last trip there in 2012, see the Quebec Links on the right side of this blog.

There are other ways to learn about this subject and one is to go to the genealogical societies in the area and see if they can help.

UPDATE:  I have fixed the numbering system of the different suggestions sorry for the inconvenience.


Letters of Patent: John McDonald – Grand Calumet Island

February 26, 2015

When I was in Quebec in 2012, I visited the Grand Island of Calumet and it was lovely and I wish I had time to dally and explore.  I drove along the eastern road to the little town where a cemetery was located.

My post on this blog:  Calumet Island, Pontiac County, Quebec, June 14, 2012.

Here is an abstract of the Letters Patent for a John McDonald on Calumet Island:

Whereas it has been judged

John McDonell Letters Patent 1847

John McDonald Letters Patent 1847

expedient that for the price and consideration hereinafter mentioned, we should grant and convey to our loving subject John McDonald of the Township of Grand Calumet Island in our County of Ottawa.

Fiat: Enrolled in the Office of Enrollment at Montreal on Monday the Eighteeth day of January 1847 D. Daly Secy. 

Lot number Twelve in the First Range of the said township of Grand Calumet Island being an irregular lot bounded in front on the East by the Grand or Ottawa River and measuring ten Chains thirty four links more or less in perpendicular breath and containing about seventy nine acres of land more or less….

Witness Our Right Trusty and Right Well Beloved Cousin Lt. General The Right Honorable Charles Murray Earl Cathcart, of Cathcart in the County of Renfrew, K.C.B. Governor General of British North America and Captain General and Governor in and over Our Provinces of Canada, Nova Scotia, New Brunswick and Island of Prince Edward and Vice Admiral of the same and Commander of our Forces in British North America…in our City of Montreal the sixteenth day of January in the year of our Lord one thousand eight hundred and forty seven and the tenth year of our Reign. D. Daly, Secy. 

Fiat Recorded in the Registrar’s Office of the Records, at Montreal the thirteeth day of January 1847 in the Fifth Register of Letters Patent of Land Sold, Letter E, Page. 396.

I have not studied the people who have settled on Grand Calumet Island so I don’t know who this particular John McDonald would be. There is no census for Grand Calumet in the 1851 Canadian Census that I can find.  He is probably a part of one of the families that I have posted about like the Lundie MacDonells and maybe The Ottawa Lumber Kings.  If anyone recognizes who this might be please comment.

Note:  If you read these Letters Patent you see that the area of Pontiac as we know it was first under the District of Montreal and sometime around 1845 it was referred to Ottawa County, Province of Canada. I find it very interesting the reference to the “Government House of Montreal.” Anyone know what this means?


Letters Patent: Alexander McDonell – Bristol Township, Pontiac Co., Quebec

February 19, 2015

Land was given to Alexander McDonnell who is buried in the St. Alexandre Dex Chenaux Cemetery in Clarendon. He was married to Janet MacDonell of Barrisdale. Could this be the grant that was given to him. Bristol and Clarendon are right next to each other.

Pontiac County Townships

Renfrew and Pontiac County Townships

Province of Lower Canada, Fiat Enrolled in the Register’s Office of Enrollment at Quebec on Monday, the Second day of November 1840.

Whereas it has been judged expedient by our Governor in Chief of our Province of Lower Canada…We should grant and convey to our loving subject Alexander McDonnell of the Township of Bristol in our District of Montreal. ..in consideration of the sum of nine hundred and ninety six pounds…

Lot number fifteen  in the Seventh range containing about two hundred acres, the South East half of the lot number six, in the eighth range of one hundred acres, the lots from number seven to number sixteen inclusion of two hundred acres each and Lot number Seventeen in the said eighth range containing on hundred and eighty-four acres, tho Lots from number three to number nine inclusion in the ninth range of two hundred acres each and the South West half of Lot number thirteen i the said ninth range of one hundred acres said Lots of half Lots 2 being in the Said Township of Bristol and containing together about three thousand nine hundred and eighty four acres of land. 

Entered in the Auditor’s Office, the Sixth day of November ____in Docket Book, R, pages 249, Signed T. [Bouthilice], Auditor. 

In Testimony whereof, we have caused these our Letters to be made Patent, and the Great Seal of our Province of Lower Canada to be hereunto affixed.

Witness our Trusty and well Beloved, The Right Honorable Charles Baron Sydenham of Sydenham in the County of Kent and Toronto in Canada, Governor General of a British North American, Captain General and Governor in Chief in and over our Province of Lower Canada and Upper Canada and Vice Admiral of the Same. 

At our Government House in our City of Montreal in our Said Province of Lower Canada the thirty first day of October in the year of our Lord, one thousand eight hundred and forty and in the Fourth year of our Reign. Signed D. Daly, Secy. C Sales, Folio 297.

A portion of the 1840 Patent for Alexander McDonnell in Bristol

A portion of the 1840 Patent for Alexander McDonnell in Bristol

Here is another Letters Patent for Alexander McDonell in Bristol in 1845.

Whereas it has been judged…Alexander McDonell of the Township of Bristol in the County of Ottawa….consideration of the sum of Fifty pounds…North East halves of Lots number sixteen and seventeen in the second range of the said Township of Bristol containing each about one hundred acres of land more of less. 

Witness our Right Trusty and well Beloved, The Right Honorable Charles Theophilus Baron Metcalfe of Fernhill in the County of Berks Knight Grand Cross of the Most Honorable Order of the Bath one of Our Most Honorable Privy Council Governor General of British North America and Captain General and Governor in Chief in and over Our Province of Canada Nova Scotia, New Brunswick and the Island of Prince Edward and Vice General of the same..At our Government House in our city of Montreal…on the eleventh day of October in the year of our Lord one thousand eight hundred and forty-five and in the ninth year of our reign. D. Daly Secy. E Sales Folio 189.

See my post on this blog dated 21 November, 2014 “St-Alexandre Des Chenaux RC Cemetery…Clarendon Twp.” 


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