Indenture of Water Rights on William Street Dam, 1849

(Cover)

A memorial of the
[illegible] the [Re???] of
Halton [illegible] the [illegible]
At [illegible
[illegible] number of [M????]

                        [illegible]

[illegible] 5/4
        [illegible]

[right side]

Height of dam
11 ft 3 inches
-------------------------
Dated May 2nd 1849
-------------------------
Dates rights
[illegible] water privilege

[illegible]
in the [Can??] [illegible]
if of [illegible] 1839
[ilegible]

Thomas Racey
Regtr

(Inside)

[left margin]

definition of X
water power X

135 cubic feet
per minute
with a fall 0/
9ft to 1 H P

[M???] 25
[K???] 25
[illegible] 17
[illegible] 6
[Ch???] 5
[A?????] 3
[illegible] 3
[illegible] 3
                87

Less 25 [illegible]
                62

[main page]

seventy nine links to the Southerly side of William Street aforesaid then across [illegible] Street to the Mill pond Commencing secondly [illegible] westerly side of [illegible] on the Southerly side[?/] the Mill Race above described. Then along the westerly side of Broadway twenty five links [illegible] to the Southerly side of Mechanic Street [?nd??t?????] by divers conveyances and assurances bearing [illegible] date with these presents and made Between the said Hiram Capron of the first party Mary Capron wife of the said Hiram Capron of the second part and several parties parties [sic] [illegible] of the first, second third, fourth, of the sixth, seventh and eighth parts respectively of the third part the said Hiram Capron hath granted and conveyed into [illegible] several persons parties respectively to the said conveyances and assurances of the third act the right and privilege from time to time and at all times to ever hereafter of taking from the said Mill above described certain quantities of water as follows [illegible] Norman Hamilton Twenty five horse power. Archbald and Tomas Cockburn [illegible] twenty five horse power Daniel Totten seventeen horse power Hugh Finlayson James Montgomery and George McVicar six horse power Daniel Church five horse power William and Daniel Allchin three horse power Samuel Heath three horse power and Charles Mitchel three horse power the same accordance [w?th] [a?] situate made of [illegible] same [illegible] calculation of one hundred and thirty five cubic feet of water per minute with a fall of nine feet to one horse power Together worth the full and free right and liberty at all times for ever here after of maintaining as well the aforesaid Dam across Smiths Creek on its present site as also the said Raceway and road along the same within then present boundaries to the power to flow the water back on Smiths Creek by means of said Dam at times of [com?????] high water to the distance of [??i?ety] rods but not further and Together also with the right and liberty at all times for ever hereafter a/ using maintaining [une??ing] and enlarging in common with the other [p????ton] The waste [w??is?b?eady] constructed  on the properties of the said Norman Hamilton and Archbald and Thomas Cockburn Ken on their present [illegible] and also with like liberty to make and maintain through the land of the said Hiram Capron on the Easterly side of paid Race Street [??dinad???t] course through the [illegible] to the [??a??d] Race a [?ail] race [illegible] more than thirty feet in width for carrying off the waste water And whereas in addition to the twenty five horse power to each of them the said Norman Hamilton and Archbald and Thomas Cockburn Ken as above mentioned the said Hiram Capron hath also by the said Indentures above [r??ted] conveyed to [th???] the said Norman Hamilton and Archbald and Thomas Cockburn Ken the right to be made subject to the Covenant and agreements in these present contained And whereas [I hth here agreed [??liver??] [illegible] which that a Deed should be All which said Conveyances and assurances are thereby declared to be made subject to the covenant and agreement in these presents contained [And??h???] I hath here agreed between the said parties [illegible] that a Deed should be executed containing such convenient regulations conditions and provisos [sic] as are herein after contained [No??] this Indenture witnesseth that in [pres?a??] of the said agreement they the said parties hereto of this first, second, third, fourth, fifth, sixth, seventh and eighth parts Do hereby severally and respectively each for himself his heirs executors and administrators and assigns and not the one of [illegible] of their [illegible] the heirs executors and administrators or assigns of the other them Covenant promise and agree will and [to???] other of them their heirs and assigns in manner following that is to say first [illegible] of them the said parties hereto his heirs executors administrators and assigns shall and will from time to time and at all times [forw??] here after well and [?uly] pay and [??pay] a just and fair perportion [sic] of the expenses [wh??] shall [illegible] time hereafter be necessary to preserve maintain and [illegible] good repair the said Raceway and the Dam [illegible] guardlocks and waste [w???s] thereof or committed therewith and the private roads that [illegible] are a height shall be [co??t??ted] for the use and enjoyment of the siad Raceway or any paid thereof and also clear the said Raceway and dam from any flood [w???] [th???] obstruction or [illegible]. [illegible] That the just and equal proportion [sic] of the [illegible] aforesaid for the purposes in the said Covenant above [illegible] shall always [be???] sales to the quantity of [wa??] which each party there heirs or assigns shall [illegible] virtue of their [???ictive] titles have a right to use ad enjoy of and from the said Raceway in respect of the said Eighty seven horse power at the time if shall be necessary to make such repair as aforesaid the [illegible] of the [illegible] to be come by the said Norman Hamilton and Archbald and Thomas Cockburn Ken their heirs and assigns in respect of the surplus [??ater] aforesaid being at all times paid at two and a half per cent for each party on all such costs and repairs / and in case of the neglect or refusal [of??ther] demand an aforesaid to repay their just and equal proportion of the expense aforesaid of shall [illegible] for the other parties or any or any or either of them their heirs or assigns to advance and pay the said just and equal preportion of the party of the party so neglecting or refusing and thereupon may demand [illegible] for and recover from [illegible] Covenants herein contained the [s???] so advanced and paid on the interest and also ten per cent on the account thereof as stipulated damages for such neglect or refusal of [cell??] of the said parties their  [illegible] or assigns 3rd That whenever [illegible] the opinion of [illegible] of the said parties it shall become necessary to [rep???] or [illegible] improve the said Dam or raceway and premises it [illegible: remainder of line damaged] being by delivering to each of them or [illegible] at the [illegible: remainder of line damaged]

said parties [illegible: remainder of line damaged] shall [???ceed] the [s????] of Twenty five presents fifty [illegible] That it [illegible] or a margin of [illegible] or any [illegible] person appointed by them [illegible] of any of the said parties hereto at anytime hereafter to inspect all matters [re?a???] to the premises all [illegible] [const????] a [illegible] [???vided] [illegible] that in the [illegible] exceeding the sum of Seventy five [p????ds] each horse power shall be [illegible] to a Note [illegible] Indenture [illegible] witnesseth that for the considerations aforesaid they [illegible] parties hereto of the first second third fourth fifth sixth seventh and eighth parts [illegible] [????tly] and [????ally] and for then several and respective heirs executors [ad?????] [illegible] and assigns Covenant promise and agree to and with the said Hiram Capron his heirs executors administrators and assigns that they the said parties hereto of the first second third fourth fifth seventh and eighth parts their heirs and assigns shall and will from time to time and at all times hereafter pay and do pay all such expenses as shall at any time hereafter be necessary and returned to preserve [illegible] and [h???] in good [illegible] the said Raceway and Road and the Dam dykes embankments gaurdlocks and [illegible] thereof or connected there with and shall and will at all times here after do and see to the doing thereof and [al??] shall and will save defend [h???] [illegible] and [ind?????fied] the said Hiram Capron his heirs executers administrators and assigns his and their landsand tennents goods and chattels of from and against all costs charges [de???ges] and espenses which he or they shall or may at any time hereafter [illegible] into by reason of any neglect [??each] or [de?????] in the payment or performance thereof respectively. [illegible] here of hte parties to these presents have hereinto set them hand and seats the [d??] and year [illegible] above within

        Norman Hamilton George McVicar
        Arch Ken Daniel Church
        Mr Ken William Allchin
        Daniel Totten Samuel Allchin
        Hugh Finlayson Samuel heath
        James Montgomery Charles Mitchel
                                                        Hiram Capron

(Back)

It is understod by the within [????d] parties that Mr Capron is to be at liberty to erect a wall with centre of the [???l] [illegible] on the East side of Grand River Street Provided that in so doing the total space for the [illegible] of the water shall [illegible] be less than thirty picks. It so also understood that the term common high water within used is [illegible] to catered to [?ishels]

                Hiram Capron Norman Hamilton
                                                Arch Ken
                                                Mrs. Ken
                                                Daniel Totten
                                                Hugh Finlayson
                                                [illegible]
                                                [illegible]
                                                Daniel Church
                                                [illegible]
                                                Samuel Allchin
                                                Samuel Heath

[right side]

Signed sealed and delivered by the [illegible]
named parties in the presence of

                        Chs Whitlaw
                        John A Penton