Right of the all the mines that should be found in the lands granted by him in this province, faid right to the conqueft and ceffion of the and likewife to work the aforefaid iron mines, commonly known by the name of The Forges of Saint Maurice, and difpofe of the produce thereof to their own advantage; and in like manner to open and work any other iron mines they may find upon the faid premises, and any mines of lead, or tin, or copper, or coals, or any other metal or foffil whatsoever, excepting only mines of gold and filver, and to difpofe of the produce thereof to their own advantage, without paying to us, our heirs or fucceffors, any part thereof, or any rent or profit in lieu thereof, or any confideration whatsoever for the various advantages they may derive from the prefent demife of the premises aforefaid, excepting the annual rent aforefaid of twenty-five pounds of lawful money of the province of Quebec, or eighteen pounds, fifteen fhillings of lawful money of Great Britain; any right, due, or claim that might belong to us, our heirs and fucceffors, in right of our crown, either by the laws of that part of our kingdom of Great Britain called England, or by the French laws and cuftoms that prevailed in this our province of Quebec in the time of the French government, or upon any other ground or pretence whatsoever, to the contrary hereof in any-wife notwithstanding. And whereas by the feveral grants made of land in our faid province of Quebec by our predeceffors in the poffeffion of the said province, the French kings, a refervation was made to the said French kings of the mines that should be found in the lands fo granted; which refervation, together with all the other rights and poffeffions of the French king in the said province of Quebec, hath been Transfer of the transferred to us by the conqueft which, by the bleffing of Alking of Great mighty God upon our arms, we have made of the faid province, and Britain by the the ceffion thereof made to us by the faid French king by the definitive treaty of peace concluded at Paris in the year of our Lord one thoufand, feven hundred, and fixty-three, and doth now lawfully belong to us, in right of our crown of Great Britain: and by virtue of the faid refervation we have a juft and manifeft right either to caufe any mines that may be found in any fuch granted lands to be wrought for our benefit and advantage, or to impower any of our fubjects to work them upon fuch terms and conditions as we shall Grant of a cer-think proper; and whereas the faid French king, our predeceffor in the former com- the poffeffion of this province, did, by a certain order made in his turers in thefe council of state at Versailles in the month of April in the year of our mines, made by Lord one thousand, seven hundred, and thirty-feven, exercise this province. tain privilege to pany of adven the French king' in the year 1737. 2 right right in favour of a company of adventurers confifting of the five perfons following, to wit, the fieurs Francis Stephen Cugnet, Peter Francis Olivier de Vezain, James Simonnet, Ignatius Gamelin, and Thomas James Tafchereau, who at that time undertook to work the aforefaid iron mines called Les Forges de Saint Maurice, and did by the faid order grant unto the faid perfons, their heirs and affigns, for a term of twenty years, the liberty or privilege of opening and working any iron mines that they might find within the tract of country that extends from the feigniory of Yamachiche to the feigniory of the Cape de la Madeleine, including both those feigniories, in whofe lands foever fuch iron mines might happen to lie, with the right of making ufe of any rivers or ftreams of water on the faid lands, and stopping them in order to make bodies and refervoirs of water for the purpose of working the faid iron mines: lar privilege to leffees. NOW KNOW YE that we, for the greater encouragement of Grant of a fimithe leffees aforefaid in their laudable undertaking, which we are the prefent. perfuaded will prove highly beneficial to the inhabitants of our faid province of Quebec, and of our fpecial grace, mere motion, and certain knowledge, have given and granted, and by these present letters do give and grant unto the aforefaid Chriftopher Peliffier, Alexander Dumas, Thomas Dunn, Benjamin Price, Colin Drummond, Dumas Saint Martin, George Alfop, James Johnston, and Brook Watson, their executors, adminiftrators, and affigns, and the executors, administrators, and affigns of each of them, to be enjoyed by them as tenants in common, and not as joint-tenants, a power and liberty of opening and working any iron mines they may find. within the aforefaid tract of country, extending from the feignioryof Yamachiche to the feigniory of the Cape de la Madeleine, and including both thofe feigniories, in whofe lands foever the said iron mines may happen to be, and of taking and stopping and otherwise ufing any rivers and streams of water which they may find within. the aforefaid tract of country, for the purpose of carrying on the business of the said iron mines, for and during the term aforefaid of fixteen years, from the date of thefe prefents, during which the demife aforefaid is to continue, or, if the faid demife fhall be determined fooner than by the expiration of the faid fixteen years, then and in such case for and during the continuance of the faid demife,, and until the faid earlier determination thereof.. To Habendum of power. To have, ufe, exercife, and enjoy the faid power and liberty this privilege or during the faid time in as full and ample a manner as the faid five undertakers, in the year of our lord one thousand, seven hundred, and thirty-feven, lawfully did, or lawfully might, ufe, enjoy, and exercise the fame liberty by virtue of the faid order of the king of France in the faid year, without paying any rent or confideration whatsoever for the faid liberty of working the faid iron mines, or for the use of the faid rivers and ftreams of water to the owners of the lands in which the faid mines or the faid rivers and ftreams of water are fituated, unless where the cultivated grounds of the faid owners of those lands are thereby hurt and damaged (and in that case the said grantees fhall pay the faid owners of the land a reasonable compenfation for the actual damage thereby done to their faid cultivated grounds, and nothing more); and without paying to us, our heirs, or fucceffors, any rent or payment whatsoever, or any share of the produce of the faid mines, or of the profit thence arifing, in confideration of our prefent grant of this power and liberty. But they fhall only pay the yearly rent aforefaid of eighteen pounds, fifteen fhillings, of lawful money of Great Britain unto us, our heirs and fucceffors, in confideration of the demife of the premises in these letters first above-mentioned, and not in confideration of this additional power and liberty, that by the latter part of these our letters we have just now granted unto them. Copies to be patent. And we do hereby order and direct that a copy of these our letmade and kept ters be made out and kept by our receiver-general of our revenue of the faid province of Quebec, which thall be figned and sealed by the leffees above-mentioned in token of their acceptance of the of the prefent grant and demife to them made and their consent to perform the conditions therein contained; and that another copy thereof shall be made out and kept by the clerk of the inrollments of deeds in our faid province, or his deputy, and preserved amongst the said inrollments. In witness whereof we have caufed these our letters to be made patent, and our public feal for our faid province of Quebec to be thereunto affixed, this ninth of June, in the feventh year of our reign, and in the year of our Lord one thousand, seven hundred, and fixty-feven. Given at the caftle of Saint Lewis at Quebec in the province of Quebec on the day and year aforefaid by the lieutenant-governour and commander in chief of the faid province by and with the advice and consent of the council of the fame. N. B. This lease has not been made, but was only propofed by the leffees to the lieutenant-governour and council, in case they had been inclined to grant them the fame privileges as were enjoyed by the former adventurers by virtue of the aforefaid order of the king of France in council, dated the twenty-fecond of April one thousand, seven hundred, and thirty-seven. 1 NUMBER XXX. A Remark on the ill Confequences arifing from the too great Subdivifion of the Lots of Land belonging to the Freeholders of CANADA, by repeated Partitions of them upon Inheritances. THE L'inobfervation de quelques unes des loix de police depuis neuf ou dix ans a déja fait des torts confidérables au défrichement des terres: et, fans vouloir entrer dans aucun détail, on pourroit affurer que l'inexécution feule de l'arrêt du confeil d'état du 28 Avril 1745, eft une des principales caufes de la difette que nous éprouvons depuis quelque temps. Cet arrêt défend aux habitants de s'établir fur moins de terre qu'un arpent et demi de front fur trente ou quarante de profondeur. Il a été rendu fur ce que les enfants, en partageant les biens de leurs péres, s'établifoient chacun fur une portion de la même terre infuffifante pour les faire fubfifter: ce qui nuifoit également à la fubfiftence des villes et au défrichement des terres. Le gouvernement précédent avoit jugé ce point fi important qu'il faifoit démolir les maisons conftruites contre la difpofition de cet arrêt. Cependant aujourd'hui rien de fi commun que ces fortes d'établiffements. This paffage is inferted as a confirmation of the remark made upon this. fubject in the above draught of an intended report, No. I. Page 22, and in the opinion of the attorney-general concerning the governour's report, No. II. Page 55, where it is fuggested that a change |