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
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:
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
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
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.