Indenture of Water Privileges between Hiram Capron, Mary De Long Capron and Daniel Church

(Cover)

Dated 9 2nd May 1849
Page 9
for 6
Mill privelege

Hiram Capron [??erf]
        to
Daniel Church

        Deed
of Water Privilege in Paris

A memorial of the within deed is the within deed the carded in His register Office in the County of  Halton, on the 9th day of October 1849, at [?oo??] in [Lib??] do Dumfries fol. 65. [M??]
        Thomas Racey

[???s] 2 2 /6

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This Indenture made this second day of May One thousand eight hundred and forty nine Between Hiram Capron of the VIllage of Paris in the Gore District and Province of Canada Esquire of hte first part. Mary Capron wife of the said Hiram Capron of the second part and Daniel Church of the same place Iron founder of the third part Whereas a Dam has been erected on the property of the said Hiram Capron in the said Vilalge of Paris across the River or Stream commonly known as Smiths Creek and a Canal or Raceway constructed leading from the pond over the said Dam with a road running along the edge thereof for the cocession of repairing and cleaing the same and which siad Dam Raceway and road may be more particularly described as known as [illegible] 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 with Bull Pond on the Northerly side of William Street aforesaid at the distance of one chain and sixteent links from the Westerly side of west River Street Then across William Street to the Southerly side thence of at the distance of One chain nine links from the westerly side of west River Street aforesaid Then South forty two degrees Twenty five minutes East one chain and thirty six links Then South sixty six degrees thirty minutes East Ninety eight links Then South Seventy seven degrees East one chain twenty six links Then North Eighty nine degrees forty five minutes East Two chains seventy five links Then North Seventy seven degres twenty minutes East seventy [illegible] loinks Then North Sixty five degrees east Two chains and six links to the Westerly side of Broadway at the South easterly angle of the land of Bradford Arthur Then across Broadway to the South westerly Angle of Lot member right on the east side of Broadway the property of Daniel Totten then North fifty degrees fifty minutes East one chain and twenty links Then North therby six degrees the [illegible] East Ninety Eight links to the line between said lot number eight and the Mill 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 minutes West Two Chains and fifty eight links to Broadway aforesaid Two chains Ninety one and a half links from the North side of Mechanic Street Then across Broadway to the Westerly

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[illegible] thereof Two chances fifty eight links from the Northerly side of Mechanic Street the said Mill Raceway ground being Eighty one links wide on the west side of Broadway then South Sixty five degrees [M?st] Two Chains thence south seventy seven degrees twenty minutes west one chain four links thence south Eighty nine degrees forty five minutes West Two chains forty nine links Then North Seventy seven degrees west [illegible] chain forty five links THen North Sixty six degres thirty minutes West [illegible] chain and twenty inks Then North forty two degrees twenty five members west One chain seventy nine links to the Southerly side of William Street aforesaid Then across William Street to the Mill Pond Commencing secondly 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 the Mechanic Street And whereas by divers Bonds or other [?ntings] obligatory [illegible] his hand and seal the said Hiram Capron hath become bound to convey to divers persons therein named and to there respective heirs and assigns the right or privilege of drawing from the dam and Raceway above described water [su????ant] for certain purposes therein specified and particularly by a certain Instrument having date on or about the sixth day of February One thousand Eight hundred and thirty six the said Hiram Capron for certain good and valuable considerations therein menttioned agreed to convey to Harlor Timothy Judson [Syl????] Whitford and Philip Cady Van Brocklin together with other hereditaments the right or privilege of using or drawing from the said Dam or Raceway [supp?????] water for certain purposes therein mentioned which said Right or privilege by virtue of divers assignment hath since become vested in the said Daniel Church And whereas at a meeting held by the said Hiram Capron and hte several other persons interested with said Dam died Raceway for the purpose of more [accura??ly] [de?erring] the quantity of water which each of the said parties was respecting entitled to draw in respect of the said several Bonds or obligations it was determined and agreed then the said Daniel Church should be entitled to use and draw from the said Dam and Raceway water to the amount of five horse power and no more upon a calentation of one hundred and thirty five cubic feet of water [p?] minute wich a fall of min feet as one horse power ANd whereas the said several persons claiming under and by virtue of this several Bonds or other obligatory writings aforesaid have requested the said Hiram Capron to [illegible] to cash of these respecting a conveyance of then respective interests in the same [??ch] Conveyances to be made subject to a certain Deed of Covenant

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actually agreed upon and entered into by nad between the said several parties interested and learning even date with these presents   And whereas the total amount of the water power agreed to be conveyed by the said Hiram Capron by virtue of the said several instruments above referred to amount according to the above recited estimate to Eighty seven horse power and no more learning of time floods and high water a surplus [??ll] remaining as the property of the said Hiram Capron the right of drawing nad using which surplus water the said Hiram Capron by Indenture of even date herearth hath conveyed to Norman Hamilton of the said Village of Paris Miller and to [illegible] Archbald and Thomas C. Ken of the City of Hamilton Merchants and to then respective heirs and assigns in equal [sha??] and properters but subject nevertheless to the conditions contained see the above mentioned Deed of Covenant Nov this Indenture witesseth that inpurtenance of the premises and also in consideration of the sum of ten shillings to the said Hiram Capron in hand paid by the said Daniel Church at or before the sealing and delivery of these presents the receipt whereof whereby acknowledged He the said Hiram Capron Hath granted bargained sold aliened [re???sed] released conveyed and confirmed and by these present Doth grnat bargain sell alien [re??se] release convey and [conf????] unto the said Daniel Church his heirs and assigns all that the right and privilege from time to time and at all times for over hereafter of taking and using from the Mill Race above [desc??ed] as much water as accerting to the estimate above used shall in common low water during the average of the seasons not exceed five horse power Subject always to the back water upon the water wheels which may be made in the Grand River [int????] of floods and to all other accidents and obstructions incident to the right hereby granted and which right [ue???] granted is to be held and [???ryed] by the said Daniel Church has [h??s] and assign in common with the other proprietor to whom the right of using the water of the said Raceway is reserved or grnated by the siad Hiram Capron by Indentures of even date [he??rth] Together with the right and liberty at [rest of line damaged/illegible] of using maintaining renewing and supporitng in common of using maintaining raceway and supporting in common with the other proprietors aforesaid the [to???????] already constructed on the properties of Norman Hamilton and [M?p?????] Archbald and Thomas C Ken o nthen present [s?t?s] Provided [illegible] that nothing herein contained shall operate so as to hinder the said Norman Hamilton and Archebald and Thomas C Ken and their respective heirs and assigns from confining the course of the water through there respective lands within suitable bounds and of building on bridging over the  

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I am at their pleasure Together also with the liberty at all times for ever hereafter for the said Daniel Church his heirs and assigns on [illegible[ with the other proprietors using the same to make and [m?????] through the land of the said Hiram Capron on the Easterly side of Grand River Street and in a direct course through the same to the Grand River to tail race of not more than thirty feet in width for carrying off the waste Water [Re???ing] mouth to / to the said Hiram Capron his heirs and assigns the right of bridging over and building [???th] same at there pleasure and also with the full and free right and liberty in common with the other proprietors as aforesaid at all times for ever herafter of maintaining as well the aforesaid Dam [illegible] deck on its present site as also the said Raceway and Road along the same within its present boundaries with power left or the water [ba?] in Smiths Creek by means of said Dam at being of common high water to the distance 0/ Ninety rods and not further and Together also with the right of [???flowing] by means of the said Dam any lands at present belonging to the siad Hiram Capron and situate above the said Dam Provided [neve?shel?] that it shall belawful for hte siad Hiram Capron his heirs and assigns from time to time as they may see occasion to confine the said water within the natural limit of the Creek by means of any [senta?ments] which he or they may see proper to meet And all the estate right title interest and demand of the said Hiram Capron of in and to the said rights and premises above mentioned and hereby granted and conveyed or otherwise a [pai?d] unless did To to be with the appurtenances To have and To hold the said pleasures rights privileges and appurtenances hereby granted and conveyed or otherwise [ap????d] or intended so to be unto the said Daniel Church his heirs and assigns for over to the only proper use and benefit of the said Daniel Church his heirs ansd assigns for ever but subject nevertheless to the COvenants and [ap???nents] contained in a certain Indenture bearing even date with these present and made between the said Hiram Capron and the several presence proprietors of the said privileges by virtue of the several consequences to them respectfully made by the said Hiram Capron as above [re???t??ned] to which Covenants are hereby declared to be connected to and meaning with the premises rights and privileges intended to be hereby granted and conveyed Provided that the said Covenants shall not operate as conditions whereby the title of the said Daniel Church more to the same may be defeated or in anywise forfeited   And the said Hiram Capron doth hereby for himself his [illegible] executors and administrators Covenant promise [?ever] agree

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to and with the said Daniel Church his heirs and assigns in manner following that is to say that he the siad Hiram Capron at the time of the unsealing and delivery [h...] is and stands solely rightfully and lawfully signed of a good [illegible] perfect absolute and undefeasible estate of inheritance in [f??] simple of and in the rights privileges hereditaments and all and [s??g?l??] other the presenses hereinbefore disturbed with then and every of there appurtenances and [damaged] every part and parcel there of without any manner of [?ese?a???] limitation [pro?????] or conditions other than as aforesaid or any other [?after] or they to ater charge change incumber or defeat the [?a??] [damaged] also that to the said Hiram capron now hath in himself good right full [damaged] and lawfully and absolute authority to grant bargain sell alien release convey and confirm the said rights privileges hereditaments and [pre???ses] and every part and parcel thereof with the [damaged] unto the said Daniel Church his heirs and assigns [damaged] and for aforesaid Deed also that it shall and may to lawful to acces for the said Daniel Church his heir sand assigns peacably and quietly to [illegible] have hold use occupy possess and enjoy the aforesaid rights privileges hereditaments and premises hereby conveyed or intended [damaged] teh appurtenances [with???] the let [damaged] or denial of him the said Hiram Capron the [damaged] or any person or persons 15 [h?m??ever] and that fun and clean and [p?ly] and clearly acquitted [???n???ted] and discharged of and from all [a??a??] [illegible] and [ap?pinents] whatsoever due or payable upon [ov??] respect of the said rights privileges hereditaments and premises or any part htereof and of and [?or?] all former conveyances Mortgages rights [ac????ties] debts judgements [la???tions] and recognitions and of and from all manner of other charges whatsoever [??ed] lastly that hither said Hiram Capron his heirs and assigns and all and every other person or persons whomever having or lawfully [clai???ing] or who shall or may have a lwafully claim any estate right to the interest or trust open to or out of the rights privileges hereditaments and premises [h???y] couraged as aforesaid or intended so to be with their appurtenances by from under oven trust for him the said Hiram Capron his heirs or assigns shall and will from time to time nad all times hereafter at the peoples cash and charges in the [?an] of hte said Danuel Church his heirs and assigns make do suffer and execute or cause or procure to be made done

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suffered and executed all such [f??ch??] as of this reasonable act and acts deed and deeds devices [cou???] [damaged] and [apur????] in the lace for the further better and more [p????ty] and [ab?s?ubly] conveying and opening of the said rights privileges [hindit??????] and [pun????] with the upper [??nances] unto the said Daniel Church his heirs and afsigns as by the said Daniel Church his heirs and afsigns or his on their Council [Ca????] in the [illegible] shall be lawfully and reasonably devised adverse or [damaged]    And this Indenture also [wi???peth] that the said Mary Capron forward [??consideration] of the [illegible] of five shillings of lawful money as aforesaid to [damaged] by the said Daniel Church now in hand paid [?ea?h] [damaged] released and for ever relenquished [sic] and by these present Doth [damaged] release and forever relinquish unto him [damaged] Daniel Church his executers [?d??????taters] and [damaged] allowed all manner of Dover right or Title of Dover whatsoever which the said Mary Capron in the went of their [damaged her said husband the said Hiram Capron might or of rights ought to leave or claim in to nad out of the said lights [sic] privileges henditaments, and promises above mentioned and every part and parcel thereof and all [ma....] of action or actions or writ or writs of DOver whatsoever [damaged] Hereto [In??t???] whereof the parties to these [damaged] hereinto there [damaged] the day [damaged] first above written

                        Hiram Capron

                        Mary Capron

                        Daniel Church

Signed Sealed and delivered
in the presence of

                Chs Whitlaw
                John Heuton