County of Brant Public Library Digital Collections
Indenture of Water Privilege between Hiram Capron & Hugh Finlayson


Description
Creators:
Capron, Hiram, Author
Capron, Mary
, Author
Finlayson, Hugh
, Author
Media Type:
Text
Image
Item Type:
Documents
Description:
This indenture confers water privileges on the raceway located near William Street. The sellers are listed as Hiram Capron and his wife, Mary Capron, and the buyers as Hugh Finlayson, James Montgomery, and George McVicar, owners of a tannery.
Pagination:
pp.1-6
Date of Original:
2 May 1849
Subject(s):
Local identifier:
1999.9050.01 - 07
Collection:
Hiram Capron Collection
Language of Item:
English
Geographic Coverage:
  • Ontario, Canada
    Latitude: 43.2 Longitude: -80.38333
Copyright Statement:
Copyright status unknown. Responsibility for determining the copyright status and any use rests exclusively with the user.
Recommended Citation:
Indenture of Water Privilege between Hiram Capron & Hugh Finlayson, 1849, Hiram Capron Collection, 1999.9050.01-07, Paris Museum and Historical Society
Terms of Use:
The information and images provided are for personal research only and are not to be used for commercial purposes. Use of this information should include the credit “Paris Museum and Historical Society.”
Contact
Paris Museum and Historical Society
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Paris Museum and Historical Society

51 William Street, Paris, ON

N3L 1N4

(519) 442-9295

Full Text

(Cover)

Dated 2nd May1849

287 (circled)

Hiram Capron & wife
        to
Hugh Finlayson & others

        Deed

Of water Privilege in Paris

A memorial of the within deed is recorded in the Register Office in the County of Halton on the 9th [illegible] day of October 1849, at noon, in Lib. "B" for Dumfries, folio 71. [illegible]. 38.

          Thomas Racey
                Regtr



(Page 1)

[H?s] Indenture made this second day of May One thousand eight hundred and forty nine [Beliv????] Hiram Capron of the Village of Paris in the Gore District and Province of Canada Esquire of the first part. Mary Capron wife of the said Hiram Capron of the second part and Hugh Finlayson James Montgomery and George McVicar of the same place farmers of the third part [acro?s] a Dam has been needed on the property of the said Hiram Capron in the said Village of Paris [illegible] the Race or [s??eam] commonly known as [??uths] Creek and a Canal or Raceway constructed leading from the pond above the said Dam with a road running along the edge thereof for the convenience of preparing and clearing the same deed which said Dam Raceway and Road may be more particularly described or known as follows that is to say the said Dam is built on William Street in the said Village of Paris the said Canal or Raceway and Road Commencing in the Mill pond on the northerly side of William Street aforesaid at the distance of one chain and sixteen links from the Western side of West River Street then [acro?s] William Street to the Southern side [ch????] at the distance of one chain nine links from the Westerly side of West River Street aforesaid then South forty five degrees twenty five minutes East one chain and thirty six links Then South Sixty six degrees thirty minutes East Ninety eight links There South Seventy seven degrees last one chain twenty six links Then North Eighty nine degrees forty five minutes East two chains seventy five links then North seventy seven degrees twenty minutes East seventy three links then North Sixty five degrees Past Two chains and six links to the West side of Broadway at the South Eastern [illegible] of the Land of Madford [A?thur] then [acr???] Broadway to the South western [???h] [illegible] number eight on the East side of Broadway the property of Danial [?otten] then North fifty degrees fifty minutes East one chain and twenty links then North thirty six degrees ten minutes East Ninety eight links to the line between said lot number eight and the [??ll] lot of Archbald and Thomas C Ken then North Sixty five degrees East Sixty one links then South twenty five degrees East Fifty two links then South forty seven degrees fifty [????tes] West Two chains and fifty eight links to Broadway aforesaid Two chains ninety one and a half links from the North side of Mechaine Street then [a?????] Broadway to the Westerly side [th??] two chains fifty eight links [????th] Northern side of Mechaine Street the said Mill Race and [?o??d] being eighty one links wide on the West side of Broadway Street South sixty five degrees West two chains then South seventy seven degrees twenty minutes west one chain four links then South eighty nine degrees forty five minutes West two chains forty nine links then North seventy seven degrees west one chain forty five links then North sixty

(Page 2)

degrees thirty minutes next [?u?chain] and twenty [h??s] .... [damaged] North forty two degrees twenty two degrees twenty five minutes West one chain seventy nine links to the Southerly side of William Street aforesaid then [acc???] William Street to the Mill pond Commencing [illegible] on the Westerly side of Broadway on the Southerly side of the Mill race above described Then along the Westerly side of Broadway Twenty five links wide to the Southerly side of Mechaine Street [Aud??hereas] by [d???s] Bonds or other writings obligating [neede?] his land and [?eal] the said Hiram Capron hath become bound to convey to [dec???s] person [ch????] [illegible] and to their respective heirs and afsigns the right or privilege of drawing from the dam and Raceway above described water [illegible] for certain purposes therein specified and [pack??la?g] by a certain [S??h?ment] in writing [?eaving] date on or above the day of One thousand eight hundred and the said Hiram Capron for [cert???] good and [?????ble] consideration Herein mentioned [ap?d] to convey to Jacob Gable together with other hereditaments the right or privilege of using or drawing from the said [?a???] [illegible] Raceway sufficient water for certain purposes therein [s????t????d] which said Right or privilege by virtue of [d???] [ap????ent] hath [illegible] become vested with said Hugh Finlayson James Montgomery and George McVicar And whereas at a meeting held by the said Hiram Capron and the several other persons intrusted with said [illegible] and Raceway for the purpose of more [a???ably] [de???ing] the quantity of water which each of the said [part?s] was [??pec???] [s????ed] for draw in respect of the said several Bonds or obligations it was determined and agreed that the same Hugh Finlayson James Montgomery and George McVicar should be settled to use and draw from the said Dam and Raceway water to the amount of Six horse power and no more upon a calculation of one hundred and thus five Cubic feet of water per minute with [illegible] feel as one horse power And whereas the said several persons claiming under and by virtue of the several Bonds or the obligatory writings aforesaid have requested the said Hiram Capron to execute to each of their respectively a conveyance of their respective interests [illegible] such conveyance to be made [illegbile] to a certain Deed of Covenant mutually agreed upon and entered into by and between the said several parties interested and [?eaving] even date with these presents And whereas the total agreement of the water power agreed to be conveyed by the said Hiram Capron by [??t???] of the said several instruments above referred to [acc???ing] to the above [???cted] estimate to eighty seven horse power and no more [?ea???ng] at [h???] [offl??ds] [illegible] water a surplus still [????????ing] as the property of the said Hiram Capron the right of drawing and using which surplus water the said Hiram Capron by Indentures of even date herewith hath conveyed to Norman Hamilton of the

(Page 3)

said Village of Paris Miller and to [??iec?s] Archibald and Thomas C Ken of the City of Hamilton Merchants and to there respective heirs and assigns in equal shares and proportions but subject nevertheless to the Conditions contained in the above mentioned Deed of Covenant Now this Indenture [?o?me?eth] that [inp??sua?e] of the premises and in condition of the [illegible] of ten shillings to the said Hiram Capron [illegible] haved faced by the said Hugh Finlayson James Montgomery and George McVicar at or before the sealing and delivery of these presents the receipt where of [illegible] hereby acknowledged He the said Hiram Capron Hath granted [?aya???ed] sold [al???ed] [illegible] released conveyed and confirmed and by these presents Doth grant [?aya??] sell [al???] [illegible] release convey and confirm into the said Hugh Finlayson James Montgomery and George McVicar there heirs and assigns. He that the rights and privilege from time to time need at all times for ever hereafter of taking and using from the Mill Race above described as much water as according to the estimate above recited shall in [com???on] low water "(inserted) [illegible]" [illegible] [??cced] Six horse power Subject always to the back water upon the water wheels which may be made with the Grand Rivers [att????s] [???loods] and to all other [????dants] and obstructions incident to the right hereby [prac?ted] and which rights hereby granted is to be held and enjoyed by the said Hugh Finlayson James Montgomery and George McVicar there heirs and assigns in [com?sion] with the other proprietors to whom the right of using the water of the said Raceway is reserved or granted by the said Hiram Capron by Indentures of even date [here?th] Together with the right and liberty at all times for ever hereafter [p???ing] maintaining necessary and supporting in comision with the other proprietors aforesaid the wash [w??s] already constructed on the properties of Norman Hamilton and [illegible] Archebald and Thomas C Ken present "(inserted) [s?t?s]" Provided [neverthel?s] that nothing herein contained shall speak so as to [hinder] the said Norman Hamilton and Archebald and Thomas C Ken and their respecting heirs and assigns from conferring the course of the water through there respective land within suitable bounds and of building and bridging over the same at there pleasure Together also with like liberty at all times forever hereafter for the said Hugh Finlayson James Montgomery and George McVicar "(inserted) [illegibe]" in [con???] with the other proprietors using the same to make and maintain through the land of the said Hiram Capron on the Easterly side of grand River Street and in a [d???] [cor???] through the [illegible] to the Grand River [st???] race [illegible] of more than thirty - feel in width for carrying off the Waste water Reserving nevertheless to the said Hiram Capron his heirs and assigns the right of building over and bridging over the

(Page 4)

Dam at their pleasure and also with the full and free rights and liberty in common with the other proprietors as aforesaid at all times for ever hereafter of maintaining as well the aforesaid Dam [illegible] [L??ths] Creek on its present [illegible] as also the said Raceway and road along the same within its present boundaries with powers to flow the water back on Smiths Creek by means of said Dam at times of [com???on] high water to the distance of Ninety [?o?ts] and [illegible] further and Together also with the rights of overflowing by means of the said Dam any lands at present belonging to the said Hiram Capron and situate above the said Dam Provided nevertheless that its hall belawful for the said Hiram Capron his heirs and assigns from time to time as they may see occasion to [caref???] the said water within the natural [????t] of the creek by means of any [con?a?ements] which he or they may see proper to erect or [con?eau?ala??] and also all the estate rights title interest and demand of the said Hiram Capron [illegible] and to the said rights and premises above maintained and hereby granted and conveyed or otherwise [a????d] or intended to be with the appurtenances To have and to hold the said premises and rights privileges and appurtenances hereby granted and conveyed or otherwise [ap???d] or intended [illegible] to be unto the said Hugh Finlayson James Montgomery and George McVicar their heirs and assigns for [illegible] to the only proper use and [illegible] of the said Hugh Finlayson James Montgomery and George McVicar their heirs and assigns for ever but subject nevertheless to the Covenants and agreements contained in a certain Indenture [?eaving] even date with these present and made between the said Hiram Capron and the several proprietors of the said privileges by virtue of the several Conveyances to them respecting made by the said Hiram Capron as above mentioned which Covenants [au??ere?] declared to be connected to and [rec??ing] with the [illegible] rights and privileges intended to be granted and conveyed Bonded that the said Covenants shall [?e?t] operate as conditions whereby the title of the said Hugh Finlayson James Montgomery and George McVicar in or to the same may be defeated or in any case forfeited And the said Hiram Capron doth levy for [illegible] his heirs executors and [administ?tors] Covenant promise and agree to and with the said Hugh Finlayson James Montgomery and George McVicar their heirs and assigns in manner following that [???say] that he the said Hiram Capron at the [h???] of the [??sealing] and delivery hereof to and [?tar?ds] solely rightfully and lawfully [illegible] of a good [illegible] perfect absolute and indefeazible estate of inheritance [??fee] [illegible] of and in the rights privileges heritaments and

(Page 5)

all and [s??g?l??] other the premises [herein??fere] described with them and every of their appurtenances and of and in every part and parcel there of without any manner of reservation limitation provisoes or conditions other than as aforesaid or any other matter or thing to alter [cha?ge] change [?????mber] or defeat the same And also that he the said Hiram Capron now hath in [illegible] good right file [po???] and lawful and absolute authority to peace bargain sell alien release convey and [co?????] the said rights privileges hereditaments and every part and parcel there of with the appurtenances and the said Hugh Finlayson James Montgomery and George McVicar heirs and assigns in manner and from aforesaid [illegible] also that it shall and may be lawful to and for the said Hugh Finlayson James Montgomery and George McVicar their heirs and assigns peacefully and quietly to [illegible] into have [h?ld] use occupy [p????] and [illegible] the aforesaid rights privileges hereditaments and appurtenances hereby conveyed or intended so to be [????out] the [illegible] [heri??ance] interruption or [de???ial] of [illegible] the said Hiram Capron his heirs or assigns or their person or persons [whos???ever] and that free and clear and freely and clearly acquitted [illegible] and discharged of and from allowances [ofta?es] and [app????ts] whatsoever due a payable upon or in respect of the said Rights privileges hereditaments and premises or any part there of and of and from all [f?m???] consequences [illegible] rights [a????mties] [d?th] [p????ement] executions and [recogni??????] and of and from all manner of other charges whatsoever [???d] lastly that [h?th] said Hiram Capron his heirs and assigns and allowed every other person or persons whomsoever having or lawfully claiming or who shall or may have or lawfully claim any estate right title interest or trust of [illegible] out of the rights privileges hereditaments and premises hereby conveyed as aforesaid an or [cut?????] hereditaments [s?] to be with their appurtenances by [illegible] under or in trust for [h??r] the said Hiram Capron his heirs and assigns shall and will from time to time and at all times hereafter at the proper cost and charges with law of the said Hugh Finlayson James Montgomery and George McVicar their heirs and assigns make do [?uffer] and execute or cause or procure to be made done [??p???d] and executed all such further and other reasonable act and acts deed and deeds decrees conveyances and [ap??a????] with law for the further better and [illegible] perfectly and absolutely Conveying and [ap??ing] of the said rights privileges hereditaments and premises with the appurtenances into the said Hugh Finlayson James Montgomery and George McVicar their heirs and assigns as by the said Hugh Finlayson James

(Page 6)

Montgomery and George McVicar there heirs and assigns or his or their [le????sel] learned in the law shall belawfully and reasonably [decr?ed] or required And this Indenture also [w???p???] that the said Mary Capron for and in consideration of the sum of five shillings of lawful money as aforesaid to her by the said Hugh Finlayson James Montogmery and George McVicar now in Land paid hath [re????ded] released and for ever relinquished and by these presents Doth [re?????] release and for ever relinquish into the said Hugh Finlayson James Montgomery and George McVicar their [????trs] administrators and [illegible] is [all???d] [allma????] of Dover rights a [?itle] of Dover whatsoever which the said Mary Capron with went of his [le?v?ng]] her said [h????and] the said Hiram Capron [?ight] or of right [??ight] to have or claim he to and out of the said rights privileges hereditaments and premises above mentioned and every part and parcel things and allowances of action or actions or out of Dover whatsoever [??relation] Hereto In [witne?s] whereof the parties to these presents have [illegible] let them have and seals the day and year [??ist] above written

                Hiram Capron

                Mary Capron

                Hugh Finlayson

Signed sealed and delivered in the presence of
        C L Whitlaw
        John Stinton

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Indenture of Water Privilege between Hiram Capron & Hugh Finlayson


This indenture confers water privileges on the raceway located near William Street. The sellers are listed as Hiram Capron and his wife, Mary Capron, and the buyers as Hugh Finlayson, James Montgomery, and George McVicar, owners of a tannery.