Appendix. Fief of Madawaska This is the lease B referred to in my deposition of this date. Declared before me, J. ELMSLEY, Chief Justice of Lower Canada. Province of Lower Canada, } District of Quebec, &c. GEO. ALLSOPP. GEORGE ALLSOPP, of the City of Quebec, Esquire, of lawful age, maketh oath and saith, that on the twenty-eighth day of June, which was in the year of our Lord one thousand seven hundred and seventy-five, he, this Deponent, was Acting Register at the City of Quebec, in and for the then Province of Quebec, that on the said twenty-eighth day of June, a certain written instrument, purporting to be a lease of the Premises therein mentioned from the Honourable James Murray, to Henry Caldwell, Esquire, was received and recorded in the Register's Office in the said City of Quebec, in the English Register, Letter E, page 504; the same having been first duly proved on oath by Daniel Sutherland, one of the subscribing witnesses to the execution thereof, he, the said Deponent, then having legal right and authority to administer an oath in such behalf, and this Deponent further saith, that the written instrument or lease now exhibited to him, and hereunto annexed, marked B, is the same whereof mention is made above, and that the signature, Daniel Sutherland, subscribed to the probate and affidavit thereon endorsed, is of the proper hand-writing of him, the said Daniel Sutherland, and that the signatures Geo. Alsopp, A. Reg. also thereon endorsed, are of the proper hand-writing of him, this Deponent, and further saith not. Province of Lower Canada, GEO. ALLSOPP. Sept. 7, A. D. one thousand eight hundred and four. The above-named George Allsopp, of the City of Quebec, personally appearing, and after being carefully examined and duly cautioned, made solemn oath that the foregoing deposition by him subscribed, contained the truth and nothing but the truth. Before J. ELMSLEY, Chief Justice of Lower Canada. The above deposition, taken at the request of Henry Caldwell, Esquire, to be used in the Causes to be heard and tried before the Honourable the Circuit Court of the United States, next to be holden at Rutland, within and for the District of Vermont, on the third day of October next ensuing, in which Causes Henry Caldwell, Esq. is Plaintiff; and Joseph Sewell, Esq. jun., David Logan, and John P. Storms, are Defendants; the Deponent living more than one hundred miles from the place of trial, and the adverse Parties living more than one hundred miles from the place of caption, were not notified nor present. J. ELMSLEY, C. J. Certified by By His Excellency Sir Robert Shore Milnes, Bart. Lieutenant Governor of the To all whom these Presents may concern. I do hereby certify that the Honourable John Elmsley is Chief Justice of and for the Province of Lower Canada, duly commissioned and authorized as such. In consequence whereof, full faith and entire credit are and ought to be given to his Signature in such capacity, wherever the same may appear. Given under my Hand and Seal at Arms, at the Castle of Saint Lewis, in the City of Quebec, the eighth day of September, one thousand eight hundred and four, and in the forty-fourth year of His Majesty's reign. By his Excellency's command, NATH. TAYLOR, D. Sec. ROBT. S. MILNES. [Circuit Court, October Term, 1804. Opened by C. SMITH, J'. Clerk. Appendix. Madawaska To this was annexed a piece of parchment, purporting to be an Indenture of between James Murray of the one part, and Henry Caldwell of the other part. C. SMITH, Jr. Clerk.] Y This is the Indenture of Lease mentioned and referred to in the Affidavits of the Honble. John Caldwell, Esq. and Robert Allsopp, Esq. Quebec, 3a. Nov. 1828. Acknowledged before me, J. SEWELL, Chief Justice of the Province of Lower Canada. Province of Lower Canada. JOHN CALDWELL, Before the Honorable Jonathan Sewell, Esquire, Chief Justice of the Province of Lower Canada, at the City of Quebec, in the said Province, on the third day of November, in the year of our Lord one thousand eight hundred and twenty-eight, personally came and appeared the Honorable John Caldwell, of the said City of Quebec, Esquire, who having been duly sworn on the Holy Evangelists, maketh oath that the Deed of Assignment hereunto annexed, marked X, and identified by the signature of him, the Deponent, bearing date the second day of August, in the year of our Lord one thousand seven hundred and sixty-eight, and in the eighth year of the Reign of King George the Third, and purporting to be an assignment made by Richard Murray, of the City and Province of Quebec, Esquire, to Malcolm Fraser, Esq. of a certain Indenture of Lease made between his Excellency the Honorable James Murray, Esq. Governor of the Province of Quebec, of the one part, and the said Richard Murray and Malcolm Fraser, of the other part, bearing date the tenth day of May, in the year of our Lord one thousand seven hundred and sixty-six, and also a certain Indenture of Lease hereunto annexed, marked Y, and identified by the signature of the said John Caldwell, purporting to be an Indenture of Lease, made the seventh day of April, in the fourteenth year of the Reign of our late Sovereign Lord George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. and in the year of our Lord one thousand seven hundred and seventy-four, between the Honourable James Murray, of the Parish of St. Mary-le-Bonne, in the County of Middlesex, Esq. Lieutenant-General of His Majesty's Forces, of the one part, and Henry Caldwell, of the Parish of St. James, Westminster, in the said County of Middlesex, Esq. of the other part, came into the hands and possession of him the said John Caldwell, as only son and heir of Henry Caldwell in the said Indenture of Lease named, at the City of Quebec aforesaid, in or about the month of May, in the year of our Lord one thousand eight hundred and ten. And the Deponent further saith, that previous to the month and year last mentioned, during the life time of the said Henry Caldwell, the said Deed of Assignment and Indenture of Lease had been, and were to the knowledge of the Deponent, during a long tract of time, in the hands and possession of the said Henry Caldwell. And the Deponent further saith, that the said Henry Caldwell departed this life at the said City of Quebec, on the twenty-eighth day of May, in the said year of our Lord one thousand eight hundred and ten. And further this Deponent saith not. JOHN CALDWELL. Sworn at the City of Quebec, the third day of November, in the Lord one thousand eight hundred and twenty-eight, before me J. SEWELL, of our Chief Justice of the Province of Lower Canada. Appendix. Province of Lower Canada. Fief of Madawaska Before the Honourable Jonathan Sewell, Esq. Chief Justice of the Province of Lower Canada, at the City of Quebec, in the said Province, on the third day of November, in the year of our Lord one thousand eight hundred and twentyeight, personally came and appeared Robert Allsopp, of the said City of Quebec, Esq. who having been duly sworn on the Holy Evangelists, maketh oath, that he is well acquainted with the hand-writing of George Allsopp, late of the City of Quebec aforesaid, Esq. deceased, heretofore in his life time Deputy Register of and for the late Province of Quebec, the father of him the Deponent, from having frequently seen him write and sign his name. And the Deponent further saith, that the signature "Geo. Allsopp, D. Reg." set and subscribed to the words following, written on the back of the Deed of Assignment hereunto annexed, marked X, and identified by the signature of him, the Deponent, bearing date the second day of August, in the year of our Lord one thousand seven hundred and sixty-eight, and in the eighth year of the Reign of King George the Third, and purporting to be an Assignment made by Richard Murray, of the City and Province of Quebec, Esq. to Malcólm Fraser, Esq. of a certain Indenture of Lease therein mentioned, that is to say, "Received into "the Register's Office in Quebec, on Tuesday, the second day of August, "1768, at eleven o'Clock in the forenoon," is of the proper hand-writing of the said George Allsopp, as this Deponent doth verily believe. And the Deponent further saith, that the signature "Geo. Allsopp, D. Reg." set and subscribed to the words following, written on the back of the said deed of Lease; that is to say, Registered in the said Office, on Wednesday, the "third day of August, 1768, at five o'clock in the afternoon, in the English Register, letter B, page 403;" is also of the proper hand-writing of the said George Allsopp, as this deponent doth verily believe. And the deponent further saith, that the signature, "George Allsopp, A. Reg." set and subscribed to the following words written on a certain indenture of release hereunto annexed, marked Y, and identified by the signature of the said Robert Allsopp, purporting to be an indenture of Lease, made the seventh day of April, in the fourteenth year of the reign of our late Sovereign Lord George the third, by the grace of God, of Great Britain, France and Ireland, King, Defender of the Faith, &c. and in the year of our Lord one thousand seven hundred and seventy-four, between the Honourable James Murray, of the parish of Saint Mary-le-Bonne, in the county of Middlesex, Esq. Lieutenant-General of His Majesty's forces, of the one part, and Henry Caldwell, of the parish of St. James's, Westminster, in the said county of Middlesex, Esq. of the other part; that is to say, "Received and recorded in the Register's office in Quebec, on Wednesday, the twenty-eighth day of June, 1775, at seven o'clock in "the afternoon, in the English Register, E, page 504," is also of the proper hand-writing of the said George Allsopp, as this deponent verily believes. And further this deponent saith not. ROBERT ALLSOPP. Sworn at the City of Quebec, the third day of November, in the year of our Lord, one thousand eight hundred and twenty-eight, before me, JAMES KEMPT. J. SEWELL, Chief Justice of the Province of Lower Canada. His Excellency Sir James Kempt, Knight Grand Cross of the Most Honourable Military Order of the Bath, LieutenantGeneral and Commander of all His Majesty's Forces in the Provinces of Lower Canada and Upper Canada, &c. &c. &c. and Administrator of the Government of the said Province of Lower Canada. To all whom these presents may concern. I do hereby certify, that the Honourable Jonathan Sewell, Esquire, is Chief Justice of and for the Province of Lower Canada, duly commissioned and authorized as such; in consequence whereof, full faith and entire credit Appendix. are and ought to be given to his signature in such capacity, wherever the same Fief of may appear. Given under my Hand and the Great Seal of the Province of Lower Canada, hereunto affixed, at the Castle of Saint Louis, in the City of Quebec, the fifth day of November, one thousand eight hundred and twenty-eight, and in the ninth year of His Majesty's reign. By His Excellency's command, [Seal annexed.] D. DALY, Madawaska No. 22. Lease from Henry Caldwell, to Malcolm Fraser, 24th September, 1782. Received and Recorded in ster's Office Quebec, on THIS Indenture made the twenty-fourth day of September, in the twenty- the Regisecond year of the reign of our Sovereign Lord George the Third, by the of EnrolGrace of God, of Great Britain, France and Ireland, King, Defender of the ments at Faith, &c. in the year of our Lord one thousand seven hundred and eighty-two, Monday, between the Honourable Henry Caldwell, Esq. of the parish of St. Foix, in the the 30th Province of Quebec, of the one part, and Captain Malcolm Fraser, of His 1782, in the September, Majesty's Eighty-fourth Regiment of Foot, of the other part, witnesseth: that English the said Henry Caldwell for and in consideration of the rent, covenants and Letter E. Register, agreements, hereinafter reserved, hath demised, granted and to farm let, and Page 737. (Signed) by these presents, doth demise, grant and to farm lett, unto the said Malcolm Geo. PowFraser, all that SEIGNEURIE OR MANOR OF RIVIERE DU LOUP, AND FIEF OF nall, Registrar. MADOUASKA, together with Isle Rouge, and six thousand acres of land behind the said Seigneurie of Rivière du Loup, as described in a grant thereof, under the Great Seal of the said Province, dated the seventh of May, seventeen hundred and sixty-six, in favour of Richard Murray and Malcolm Fraser, Esquires, with all their and every of their rights, members and appurtenances, and all royalties, profits, benefits and advantages, to the said Seigneurie, Fief, and other lands, or either of them, belonging or any ways appertaining; to have and to hold all and singular the said Seigneurie, manor, Fief, messuages, lands, tenements and premises, hereby demised or meant so to be, with their and every of their appurtenances, unto the said Malcolm Fraser, his executors, administrators and assigns, from the first day of May next, for and during, and unto the full end and term of ninety years, being the residue and remainder of the term of the lease executed by the Honourable James Murray to the said Henry Caldwell, on the seventh day of April, one thousand seven hundred and seventy-four, from thence next ensuing, and fully to be compleat and ended, yielding and paying therefore yearly and every year, for and during the first eleven years, of the said term hereby demised unto the said Henry Caldwell, his heirs and assigns, the yearly rent or sum of ninety pounds, lawful money of Great Britain, at or in any place, the said Henry Caldwell shall appoint within twenty miles of the City of Quebec, without any deduction or abatement whatsoever, by even and equal half yearly payments, on the first day of November and first day of May in every year, the first payment thereof to begin upon the first day of November, one thousand seven hundred and eighty-three, and yielding and paying therefore yearly and every year, during the remainder of the said term, hereby demised unto the said Henry Caldwell, his heirs and assigns aforesaid, the yearly rent or sum of one hundred pounds of like lawful money, payable at the time and in the manner before mentioned; and the said Malcolm Fraser for himself, his heirs, executors, administrators and assigns, doth covenant, promise Fief of Madawaska Appendix and agree to and with the said Henry Caldwell, his heirs and assigns, that he the said Malcolm Fraser, his executors, administrators and assigns, shall and will well and truly pay, or cause to be paid, unto the said Henry Caldwell, his heirs or assigns, the said yearly rent above reserved, at the days and times, and in manner, and form, above expressed, according to the purport and true meaning of these presents: And if it shall happen the said yearly rent above reserved, or any part thereof, to be behind or unpaid, in part or in the whole, by the space of six months next, after the days or times whereon the same ought to be paid as aforesaid, being lawfully demanded; that then and from thence it shall and may be lawful to and for the said Henry Caldwell, his heirs and assigns, into the said demised premises, or into any part thereof, in the name of the whole to re-enter, and the same premises and every part thereof, to have again, repossess and enjoy, as in his and their first and former estate, right, title and degree, any thing herein contained to the contrary in any wise notwithstanding: And the said Henry Caldwell for himself, his heirs and assigns, doth covenant, promise and agree to and with the said Malcolm Fraser, his heirs, executors, administrators and assigns, paying the said yearly rent or sum of ninety pounds for the first eleven years of the said term, and the said yearly sum of one hundred pounds for the remainder of the said term of ninety years, hereby demised at the place, and on the days, and in the manner and form aforesaid, and performing, fulfilling, and keeping all and singular, the covenants, grants, articles and agreements before in these presents contained on his and their part and behalf, to be performed and kept, shall and may from time to time, and at all times during the said hereby demised term of ninety years, peaceably and quietly have, hold, occupy, possess, and enjoy, all and singular the said Seigneurie, Manor, Fief, lands, and premises, with their and every of their appurtenances herein before demised or meant, mentioned, or intended so to be, without any, lett, trouble, execution, ejection, disturbance, or interruption of or by any person or persons lawfully claiming, or to claim by, from, or under him, them, or any of them, or by his or their or any of their means, default, or procurement. Provided allwise, and it is hereby mutually agreed and declared by and between the said Henry Caldwell and the said Malcolm Fraser, and the said Henry Caldwell for himself, his heirs and assigns, doth hereby covenant and agree to and with the said Malcolm Fraser, his heirs, executors, administrators, and assigns, that if the said Malcolm Fraser, his heirs, executors, administrators, and assigns, shall at any time during the first eleven years of the said term hereby demised, or at the end and expiration thereof, be minded and desirous to purchase the said Seigneurie, Manor, Fief, lands, and all and singular other the premises, with their appurtenances above demised, at the price of one thousand five hunderd pounds, of lawful money of Great Britain, and of such his or their mind and intention, shall give twelve months previous notice in writing to the said Henry Caldwell, his heirs or assigns; then in case the said Malcolm Fraser, his heirs, executors, administrators, or assigns, do and shall well and truly pay the sum of five hundred pounds of like lawful money to him the said Henry Caldwell, his heirs, executors, administrators, or assigns, in part of the said sum of one thousand five hundred pounds, and secure payment of the remaining sum of one thousand pounds, with interest for the same, at the rate of six pounds for a hundred pounds for a year, by ten instalments of one hundred pounds each, at the end of every successive year from the expiration of the said first eleven years of the said term, by mortgage of the said hereditaments and premises, together with the annual sum of five pounds, of like lawful money, by even and equal half yearly payments in every year, from the time that the said Malcolm Fraser, his executors, administrators, or assigns, shall pay the said sum of five hundred pounds until the end and expiration of the said term of ninety years, such yearly sum of five pounds to be paid and payable at any place which the said Henry Caldwell shall appoint within the City of Quebec, or within twenty |