Name/Title
Land DeedEntry/Object ID
2014.07.17a-bScope and Content
Contract for land ownership between Bennett Rosamond and another party.
Transcription :
THIS INDENTURE made in duplicate the twenty second day of March is the year of our Lord one thousand nine hundred and two. Between Bennett Rosamond of the town of Almonte in the county of Lanark and Province of Ontario, Esquire. Of the first after called the Company of the second part.
WHEREAS the party of the first part is the owner of certain lands and premises consisting of mill sites and water power on the South Bank of the Mississippi river in the said town of Almonte which lands may be better known and described as follows:
Firstly … as in deed
" and the party of the first part has also the privilege of correcting and maintaining a dam across the said branch at the head of the falls in the said branch to the right of two feet from the general bed of the stream
Secondly :… is in deed.
Thirdly: …. Is in deed
Fourthly:…. Is in deed.
Fifthly:…. Is in deed
Sixthly:….. is in deed
Seventhly…. All the road allowance between lots fifteen and sixteen in the ninth concession of the said township of Ramsay (now in the town of Amontex lying between the centre of the said ninth concession and the centre of the south channel of the Mississippi River.)
And whereis the said Company is the owner of lot number eighteen on Colman's Island as laid down on t=said plan of H.T> Wilkie) on the North bank of the Mississippi river opposite the lands of the said party of the first part.
Now this Indenture Witnesseth that the said party of the first part in consideration of the sum of one thousand dollars to him in hand paid byy the said Company at or before the sealing and delivery hereof, the receipt whereof we doth hereby acknow-ledge, hath granted, bargained, sold, released, and confirmed first unto the said Company and unto the successors and assigns for over the right to draw on third of the water flowing down the South branch of the Mississippi river to be led and conveyed from the said dam aforesaid or any either dam or dams hereafter erected in lieu thereof to the mill or factory of the said the Company or any other mill or factory created by the said the Company on their said premises and for any or all purposes in connection with the said mill site and water power of the said the company ; and also the right to the said company their successors and assigns to make or opening or openings in the one third of said dam or any other dam or dams erected I lieu thereof east the south bank of the Mississippi river for the purpose of obtaining one third of the mill water for the purpose aforesaid.
To have and to hold all and singular the premises and privileges hereby granted or maintained or intended to to he with the appurtenances unto the said the Company , to the only proper and whereof of the said the Company their successors and assigns forever, subject however to the covenants, agreements [utiplx tions] hereafter contained.
Each of the parties hereto covenant and agre with the other that [asof] will in time of scarcity of water use it in an occasional manner and will not permit no for as it is reasonably possible the water to go to waste through any openness in his and their bulkheads or flumen and will keep his and their bulk-heads and flumes in a thorough state of repair and will use his and their best endeavours to preserve and save the water for the use of their respective properties.
And it is also understood and agreed by and between parties hereto that the party of the first part shall be at [lithers] to draw and use for the purpose of his aforesaid mill sites and water power and surplus of water not required by the said the Company, but this shall not in any way affect the right of the Company the full and unaffected use of the third of the water of them to use and enjoy the same.
The said party of the first part and the said company hereby further covenant and agree each with the other that they shall kep keep and maintaint the said dam across the said river or any other dam that may be erected in place of the said dam in a good and sufficient state of repair and shall from time to time rebuild the said dam whenever rendered necessary by reason of age, decay, accident or any other cause whatsoever, and that the said party of the first part shall contribute two thirds and the said Company one thirds of all costs and expenses incurred in repairing , rebuilding or in any way maintaining the same.
The said party of the first part and the said company covenants and agrees each with the other that upon any dispute arising at any time hereafter on to the quantity of the water drawn by either of the parties hereto being in excess of that to which he or they are legally entitled to draw under this indenture then much dispute or disputes shall be from time to time referred to the arbitration of three competent [onkincers], one to be selected by each of the parties hereto, and the two selected to select a third and the parties hereto hereby agree to submit to and be of them and to so regulate the flow of the water to their respective properties that all cause of dispute in that respect shall if possible be avoided thereafter.
The covenants and appointments herein contained shall extend to and bind the heirs, executors administrators and assigns of the said party of the second part, and the said covenants and agreements shall run with the land belonging to the said mill sites respectively.
Signed by Mr Rosamond only.
[end]Collection
DocumentCataloged By
Fournier, SarahLexicon
Nomenclature 4.0
Nomenclature Secondary Object Term
DeedNomenclature Primary Object Term
MunimentNomenclature Sub-Class
Legal DocumentsNomenclature Class
Documentary ObjectsNomenclature Category
Category 08: Communication ObjectsArchive Details
Date(s) of Creation
1902Archive Size/Extent
2 pagesArchive Notes
Date(s) Created: March 22nd, 1902Location
Location
Container
Archive Box 2Shelf
1Cabinet
Archive CupboardRoom
Collections RoomBuilding
M.V.T.M.Category
PermanentDate
November 7, 2023Location
Container
1Shelf
1, 1Room
Collections RoomBuilding
M.V.T.M.Category
PermanentMoved By
Fournier, SarahDate
February 21, 2017Location
Container
Box 3Cabinet
Red SideboardRoom
Collections RoomBuilding
M.V.T.M.Category
PermanentMoved By
Fournier, SarahDate
February 21, 2017General Notes
Note
Status: OK
Status By: MacMillan, Lindsay
Status Date: 2020-11-26Created By
admin@catalogit.appCreate Date
February 22, 2017Updated By
admin@catalogit.appUpdate Date
November 11, 2023
