County of Brant Public Library Digital Collections
Indenture Between The Great Western Railway Company and Hiram Capron


Description
Creator:
Capron, Hiram, Author
Media Type:
Text
Image
Item Types:
Maps
Documents
Description:
This land indenture documents an agreement between Capron and the Great Western Railway Company. This is not the first agreement between Capron and the Great Western Railway company; an earlier document was signed in 1848. Capron built a highway and sold several lots near the strip of land he had sold to the Railway Company, rendering it unsuitable for a railway; this agreement documents the exchange of this original plot for a new line through Capron’s property. A cloth sketch of the land is included as a part of this indenture. The legend to the letters marked on the map are included in the indenture.

The obscured buildings are a "W.C." and a "Passenger House." The obscured text at the right is marking the "Level Crossing." The letter J is obscured by a fold in the cloth.

The earlier agreement is also included in this collection as 1999.0388.01 and is linked to on the right.
Pagination:
pp. 1-6
Date of Original:
22 Jul. 1861
Subject(s):
Local identifier:
2009.0063.01
Collection:
Hiram Capron Collection
Language of Item:
English
Geographic Coverage:
  • Ontario, Canada
    Latitude: 43.201574 Longitude: -80.394354
Copyright Statement:
Copyright status unknown. Responsibility for determining the copyright status and any use rests exclusively with the user.
Recommended Citation:
Indenture Between The Great Western Railway Company and Hiram Capron, 2009.0063.01, Hiram Capron Collection, Paris Museum & 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
Email
WWW address
Agency street/mail address

Paris Museum and Historical Society

51 William Street, Paris, ON

N3L 1N4

(519) 442-9295

Full Text

(Cover)

        Dated 22 day of July 1861

                Indenture

        Between
                The Great Western
                Railway Company
                        first part
                    and
                Hiram Capron
                        second part

[Note: in the far right the following text is written, small and faded]

        Regd as no 1035 [t??] SD
        26 Jul '61

(Page 1)

        This Indenture made the Twenty second day of July One One thousand eight hundred and Sixty one, in pursuance of the Act to facilitate the conveyance of Real property, Between the Great Western Railway Company of the one part and Hiram Capron of the Township of South Dumfries in the County of Brant Esquire of the other part.
        Whereas the said Hiram Capron the owner in fee simple of Lots Numbers thirty one and thirty two in the first Concession of the Township of South Dumfries in the County of Brant by Deed Poll bearing date the seventh day of June in the year of our Lord one thousand eight hundred and fifty three conveyed to the said Great Western Railway Company certain land and premises described therein as follows - All that certain parcel or tract of land and premises situate and being in the Township of South Dumfries in the County of Brant containing by admeasurement five acres and eighty six hundredths of an acre be the same more or less being composed of part of Lots Numbers thirty one and thirty two in the first Concession of the said Township of South Dumfries and which said parcel or tract of land and premises may be better known and described as the same are delineated described sketched and laid down in the sketch or place of the same sketched, delineated and laid down on the back of the said deed poll and shewing the extra land taken and thereby conveyed by being colored red and being all additional quantity to that formerly taken and conveyed to the said Company by the said Hiram Capron by a certain other deed poll learning date the Twenty fourth day of May in the year of Our Lord One thousand eight hundred and fifty one -
                        and

(Page 2)

And whereas the said Hiram Capron in ignorance of the true boundary of the land and premises conveyed by him by the said deed poll firstly above mentioned laid out a certain part therof near to the Southern boundary of the said land and premises and apron the same as and for a public highway and also laid out to the South of the said highway and upon the said land and premises certain building lob and did grant certain rights or Titles thereof to different parties
        And whereas the Great Western Railway Company are willing to recede from the original boundary line and to adopt a new line as the Southern boundary of their land and taking as such southern boundary the line which the said Hiram Capron had designated and intended to be the North boundary line of the said public Highway - and which line is referred to on the annexed diagram as running from the point B to the point C being Four hundred and Seventy six feet or thereabouts - and as to all the land lying to the south thereof and depicted by the color yellow and contained within the lines marked ABC the said Great Western Railway Company doth hereby reconvey and release to the said Hiram Capron in sofar as any right or Title may be vested or held by the said Great Western Railway Company in the same
        And whereas also the Great Western Railway Company have for many years been in possession of certain lands the property of the said Hiram Capron herein described and set forth all hough [sic] occupied under a right [or expectation of right] of property therein and it is desirable that the boundary line between   

(Page 3)

between the said Hiram Capron and the Great Western Railway Company should be distinctly defined - and such lands as are to the North thereof and lying between such boundary line and the land heretofore conveyed by the said Hiram Capron by virtue of the Deed Poll hereinbefore firstly in part recited, vested absolutely in the said Great Western Railway Company - And to effect such purpose it hath been determined between the parties hereto that in continuation of the heretofore defined boundary line between the points B and C before referred to on the said diagram that the line should continue from the said point C westwardly Two hundred and Seventy feet to the point marked E thence westwardly on a slightly southern course one Hundred and twenty two feet to the print marked E then westwardly Two Hundred and twenty feet to the point marked G. then on a south westerly course One Hundred and twelve feet to the point H. then westwardly Four Hundred and Eighty five feet to the point I. then north westerly one hundred and Sixteen feet to the point J. and again westwardly Four Hundred and thirty feet to the point K. and that all to the North of the said line should be vested as aforesaid in the Great Western Railway Company -
        Now this Indenture witnesseth that in consideration of the grant or conveyance from the said Hiram Capron to the Great Western Railway Company hereinafter contained and also of One Dollar of lawful money of Canada now paid by the said Hiram Capron to the said Great Western Railway Company the receipt whereof is hereby by then acknowledged they the

(Page 4)

the said Great Western Railway Company do grant unto the said Hiram Capron his heirs and assigns for ever all that triangle of land and premises contained within the letters ABC and colored yellow on the said diagram -
        To Have and to Hold the same unto the said Hiram Capron his heirs and assigns forever -
        And the said Great Western Railway Company for themselves their heirs executors and assigns hereby release and discharge the said Hiram Capron from any claim or claims actions or cause or causes of action against him his heirs executors or administrators for the occupation by him of the said premises or described as above as lying within the said Triangle of lands.
        Now this Indenture further witnesseth that in consideration of the grant or conveyance by the said Great Western Railway Company to the said Hiram Capron hereinbefore contained and also the sum of One Dollar of lawful money of Canada now paid by the said Great Western Railway Company to the said Hiram Caron the receipt whereof is hereby by him acknowledged he the said Hiram Capron doth grant unto the said Great Western Railway Company their successors and assigns for ever all the piece of land to the North of the point C and E and contained within the letters DCE and X being three thousand one hundred and fifty nine square feet more or less and colored green on the said annexed diagram - and also the piece of land contained within the letters GHIJ and colored blue on said diagram - To Have and to hold the same unto and to the use of the said Great Western Railway

(Page 5)

Railway Company their successors and assigns for ever -
        The said Hiram Capron covenants with the said Great Western Railway Company that he has the right to convey the said lands to the said Great Western Railway Company notwithstanding any act of the said Hiram Capron - And that the said Great Western Railway Company shall have quiet possession of the paid lands free from all incumbrances [sic] - And the said Hiram Capron covenants with the said Great Western Railway Company that he will execute such further assurances of the said lands as may be requisite - And the said Hiram Capron Covenants with the said Great Western Railway Company that he has done no act to encumber the said lands - And he said Hiram Capron releases to the said Great Western Railway Company all his claims upon the said lands -
        In witness where of the said Great Western Railway Company have hereinto affixed their Corporate Seal and the said Hiram Capron hath hereinto act his land and Seal the day and year first above written

Sealed and Delivered          }
by said Company                 }     [illegible/signature]
in presence of                }
[illegible/signature]          }
                                        }
Signed Sealed + Delivered     }
by said Hiram Capron          }          Hiram Capron
and by said Company          }
in presence of               }
John Linte                    

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Indenture Between The Great Western Railway Company and Hiram Capron


This land indenture documents an agreement between Capron and the Great Western Railway Company. This is not the first agreement between Capron and the Great Western Railway company; an earlier document was signed in 1848. Capron built a highway and sold several lots near the strip of land he had sold to the Railway Company, rendering it unsuitable for a railway; this agreement documents the exchange of this original plot for a new line through Capron’s property. A cloth sketch of the land is included as a part of this indenture. The legend to the letters marked on the map are included in the indenture.

The obscured buildings are a "W.C." and a "Passenger House." The obscured text at the right is marking the "Level Crossing." The letter J is obscured by a fold in the cloth.

The earlier agreement is also included in this collection as 1999.0388.01 and is linked to on the right.