to make any other works of military defence on any parts of the faid premifes hereby granted, and to take, ufe, and occupy, and retain in our hands as long as we shall think fit, fuch parts of the faid premifes as may be neceffary for the faid purpofes, whenever we, or our heirs or fucceffors, fhall fignify it to be our, or their pleasure fo to do by an order given by us, or them, in our, or their privy council in Great Britain, or it fhall be judged to be advifeable and expedient fo to do by our governour in chief, lieutenant-governour, or other our commander in chief of our faid province of Quebec, by and with the advice and confent of our council of the fame.

Provided nevertheless, that, if any dwelling houses, or other buildings erected on the faid premifes by the faid Felix O'Hara and John Mac-Cord, or their heirs or affigns, be destroyed or taken into the hands of us, our heirs or fucceffors, for the purposes last-mentioned, by virtue of the faid power and authority hereby reserved, a reafonable compenfation fhall be given to the faid grantees, or their heirs or affigns, for the lofs and damage they fhall have thereby sustained, by us, our heirs, or fucceffors; and this compenfation, shall be given them before the faid houses or buildings shall be taken from them, if it shall be done in time of peace; and if it fhall be done in time of war, within one year after the faid houfes and buildings fhall be taken from them.

be registered

office of the

inrolments,

it entered in

office.

And we do hereby direct and appoint, that within fix months This grant fhail from the day of the date of thefe prefents, a copy of this grant within fix fhall be registered in the office of our clerk of the inrolments of months in the deeds and patents in our faid province of Quebec, kept in the city clerk of the of Quebec in the faid province, together with a copy of the plan and a docket of of the premises hereby granted, made by the aforefaid John Collins, the auditor's the deputy-furveyor of our faid province; and likewife that a docket of this grant be entered in the office of our deputy auditor of the accounts of our revenue in the faid province and if this grant be not registered in the office of the clerk of the inrolments, and a docket thereof entered in the office of the faid deputy-auditor in the space of fix months, in the manner hereby directed and appointed, it fhall at the end of the faid fix months become void; and the whole premises hereby granted shall revert or escheat to us, our heirs and fucceffors, and become the abfolute property of us,

or

When duly régistered, it shall

any mistakes of

or them, in the fame manner as if the prefent grant had never been made,

And lastly, we do hereby for ourselves, our heirs and fucceffors, be valid, not grant to and covenant with the faid Felix O'Hara and John Macwithstanding Cord, and their heirs and affigns, and the heirs and affigns of each imperfections. of them, that the prefent grant, after it and the plan thereto belonging fhall have been registered in the office of the clerk of the inrolments, and a docket thereof fhall have been entered in the office of the deputy-auditor as aforefaid, fhall be good and effectual in law against us, our heirs and fucceffors, according to the true and plain meaning and intent thereof, notwithstanding any mifrecital or mis-naming of any thing in the fame recited or named, or meant and intended to be recited or named, or any other imperfection or mistake in the fame whatfoever.

In witness whereof we have caufed these our letters to be made patent, and our public feal of our faid province of Quebec to be affixed unto them, this twentieth of May, in the feventh year of our reign, and in the year of our Lord one thousand seven hundred and fixty-seven.

N. B. The four preceding grants of land, to wit, the three grants to Mr. Edward Manwaring, and this to Mr. O'Hara and Mr. Mac-Cord, are all that paffed the public seal of the province during the three years that I refided in the faid province, to wit, from September 1766, to September 1769.

F. M.

A short

NUMBER XXIX.

A fhort ACCOUNT of the GRANTS made by the KING of FRANCE of a Liberty to work the Iron Mines near the Town of Three Rivers, ufually known by the Name of les Forges de Saint Maurice, and mentioned in his MAJESTY'S Inftructions above recited, concerning GRANTS of Land, Page 175, fo far as it may be collected from the Inftruments that have come to my Knowledge, and which hereafter follow..

March 22, 1730, the king of France granted a licence to work
thefe mines (called a privilege in the order of council of
April 22, 1737) to Mr. Francheville.
It does not appear

clearly whether this privilege was granted to Mr. Francheville
alone, or to him and others conjointly. But on

January 16, 1733, a partnership feems to have been entered into for working these mines between Mr. Francheville, Mr. Peter Poulin, Mr. Gamelin, and Mr. Cugnet; Mr. Peter Poulin was at this time, jointly with his brothers, the proprietor of the fief and feigniory of Saint Maurice, which is contiguous to the Forges, and gives name to them. The Forges are not actually upon this feigniory, but upon another feigniory of a fmall extent called the feigniory of Preville.

October 23, 1735, the widow of Mr. Francheville and Mr. Poulin, Mr. Gamelin, and Mr. Cugnet made a furrender to the king both of the privilege of working the iron mines of Saint Maurice, and of the feigniory of Saint Maurice, and the buildings erected upon it for the ufe of the mines.

October 15, 1736, Peter Poulin and Louifa de Boulanger his wife, and Michael Poulin, his brother (a priest and one of the canons of the cathedral of Quebec) fold the fief and feigniory of Saint Maurice (which was neceffary to the working the

mines)

mines) to Mr. Francis Stephen Cugnet, Mr. Peter Francis Olivier de Vezain, Mr. James Simonnet, and Ignatius Gamelin, a Merchant of Montreal, their heirs and affigns for ever, for the fum of fix thousand French livres; which they might delay the payment of as long as they thought fit, provided they paid a yearly intereft of three hundred livres for it.

:

It seems on this occafion that the widow Francheville and Mr. Peter Poulin thought fit to give up their concern in the adventure of the mines, and Mr. Gamelin and Mr. Cugnet refolved to go on with it; and that they therefore entered into a new partnership with each other, and three new undertakers, Mr. Olivier de Vezain, Mr. James Simonnet, and Mr. Thomas James Tafebereau, to go on with this undertaking that for this Purpose the whole former company of adventurers, to wit, the widow Francheville, Mr. Peter Poulin, Mr. Gamelin, and Mr. Cugnet made a furrender of their grant to the king, in order that a new grant of the liberty of working them might be made to the new undertakers, that is, to Mr. Cugnet, Mr. Gamelin, Mr. Olivier de Vezain, Mr. Simonnet, and Mr. Taschereau, and for the fame purpose the proprietors of the feigniory of Saint Maurice (the poffeffion of which was neceffary to the carrying on the adventure of the mines) fold it to the first four of the new company of adventurers, namely, Mr. Cugnet, Mr. Gamelin, Mr. Olivier de Vezain, and Mr. Simonnet.

1

April 22, 1737, The king of France accepted the furrender that had been made on the 23d of October 1735, and made a new grant to the new company of adventurers, that is, to Mr. Cugnet, Mr. Gamelin, Mr. Olivier de Vezain, Mr. Simonnet, and Mr. Taschereau, of the liberty of working any iron mines they might meet with in the tract of country extending from the feigniory of Yamachiche to the feigniory of the Cape de la Madeleine, including both those feigniories. Within this extent of country they may work any iron mines they can find, in whofe ground foever they may lie, without any moleftation from the faid owners of the foil, or any rent or indemnification to be made them on this account, unless where they spoil fome of their cultivated lands; in which cafe they fhall make

them amends for the actual damage they do to thefe cultivated grounds, but no more. And the grantees fhall enjoy this liberty of working thefe mines for a term of twenty years, without paying the king any rent, or profit, or confideration, on this account, whatsoever; without even the tenth part of the produce of the mines, which in fuch cafes is lawfully due to him. But all this the king intirely remits and releafes, and gives the undertakers full power to turn all the produce of thefe mines to their own advantage. He further gives them power to take any rivers or streams of water, and ftop them, fo as to make bodies, or refervoirs, of water for the ufe of the iron works, in whofefoever ground they may happen to be, making amends to the owners of the ground for the actual damage, if there is any, thereby done to lands already cultivated, but nothing more. He then orders that all difputes between the undertakers and the owners of the land where fuch mines and waters are found, shall be decided in a fummary method, without any expence to the parties, by the intendant of the province, or in his abfence by the commiffary of the marine, whom by this order of council he authorizes and commiffions to this purpofe. He then promifes, by way of encouragement to this undertaking, to advance to the undertakers the fum of 100,000 French livres, including about 42,900 which he had already advanced to them on this account in Canada, for which they had given him an acknowledgement, and bound themselves to the of it by a bond dated at Quebec, the 18th of October 1736. payment In the fame bond they had likewife undertaken to repay to the king the further fum of 10,000 French livres, which the king had before advanced to the firft company, of Francheville and Poulin, Gamelin and Cugnet, for erecting the buildings and other preparatory works neceffary to the fame undertaking; which fum of money the fecond company of adventurers undertakes to repay to the crown in confideration of their taking poffeffion of the buildings and other works thereby erected, and reaping the advantages they were intended to produce. And the king, by the prefent order, accepts of the new adventurers bond for the repayment of this 10,000 livres, and acquits and difcharges the widow Francheville and Mr. Poulin from all obligation to repay it. He further orders that, as to the reft of the fum he has promifed to advance to them (which is the. difference between the two fums already advanced and 100,000, Dd

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