Home | Articles | Documents | Events | Sources 1 January 1858 Agreement between the General Mining Association and the Province of Nova Scotia for surrendering certain minerals rights. COAL MINES Whereas an arrangement has been made and entered into between and by or on behalf of her majesty and the general assembly of this province, and Christopher Pearse and John George Nutting, as the legal personal representatives of his late Royal Highness Frederick, duke of York and Albany, and the general mining association, for the surrender to her majesty of all the terms, estates, and interests of the said Christopher Pearse and John George Nutting, and the said association, and of Mary Ann Rundell and Edmond Strong, as the legal personal representatives of Edmond Waller Rundell, deceased, and a trustee for the said association, in the mines and minerals in this province, and for granting to the said association, a new lease of the beds or seams of coal in certain parts of the said province, with full powers for … - 103 - … working the same for the term of twenty-eight years, to commence and be computed from the first day of January, in the year one thousand eight hundred and fifty-eight, and also for such portion of the next succeeding year as shall elapse previously to the 25th day of August, in the same year, being the year one thousand eight hundred and eighty-six, at certain rents or royalties, and subject to certain other terms, which have been agreed upon. And whereas it is intended that for effecting the said arrangement a certain indenture, already prepared and engrossed, and bearing date the first day of January, in the year one thousand eight hundred and fifty-eight, and expressed to be made between the said Christopher Pearse and John George Nutting, of the first part, the said Mary Ann Rundell and Edraond Strong, of the second part, the said association of the third part, and her majesty of the fourth part, a true copy of which indenture is contained in the schedule hereto annexed, shall be executed by the several parties thereto, of the first, second, and third parts, respectively, by which indenture all the estate, term, and interest, of the said Christopher Pearse and John George Nutting, and of the said Mary Ann Rundell and Edmond Strong, and of the said association, in the said mines and minerals, are expressed to be surrendered and yielded up to her majesty, her heirs and successors, and whereby certain releases are expressed to be made concerning the said mines and minerals, and the rents, royalties, and reservations, reserved, or agreed to be reserved, by certain leases and agreements for leases, of the said mines and minerals, and also that a certain other indenture, already prepared and engrossed, and bearing date the first day of January, one thousand eight hundred and fifty-eight, and expressed to be made between her majesty, of the one part, and the said association, of the other part, a true copy of which last mentioned indenture is contained in the schedule hereto, should be executed by the said association, by which same indenture all the beds and seams of coal in certain parts of this province are expressed to be demised to the said association, their successors and assigns, for the said term of twenty-eight years, and such portion, as aforesaid, of another year, at certain rents or royalties, and upon certain terms therein mentioned. And whereas the said two indentures so prepared and engrossed as aforesaid, have not, nor hath either of them, been executed by or on behalf of any of the parties named as parties thereto, but drafts of the same have been duly signed and approved of by Henry Revel Reynolds, esquire, the solicitor to her majesty's treasury, on behalf of her majesty, and by the honorable James William Johnston and Adams George Archibald, esquire, delegates appointed under the authority and on behalf of the general assembly of this province, and by Francis Thomas Bircham, the solicitor of … - 104 -
… and on behalf of the said association. And the said indenture of surrender has been duly signed and approved of by Messrs. Farrar, Ouvry and Farrar, the solicitors of and on behalf of the said Christopher Pearse and John George Nutting, and by Messrs. Wilson and Bristows, the solicitors of and on behalf of the said Mary Ann Rundell and Edmond Strong. And whereas, the said arrangement cannot be fully carried into effect without an act of the general assembly of this province. Be it therefore enacted, by the lieutenant governor, council, and assembly, that when and so soon as the said first hereinbefore mentioned indenture shall have been duly executed by the said Christopher Pearse and John George Nutting, or the legal personal representative or legal personal representatives for the time being, of the said duke of York and Albany, and by the said Mary Ann Rundell and Edmond Strong, or the legal personal representative or legal personal representatives, for the time being, of the said Edmond Waller Rundell, and by the said Association, and the said secondly hereinbefore mentioned indenture shall have been duly executed by the said association, and when and so soon as the said two several indentures, duly executed as aforesaid, shall have been delivered to the lieutenant governor, for the time being, of this province, then, and in such case and notwithstanding, the same indentures shall not have been executed by or on behalf of her majesty, but not before all the said executions hereinbefore mentioned shall have been duly effected, and the said two several indentures shall have been delivered to the said lieutenant governor, as aforesaid, the said two several hereinbefore mentioned indentures shall respectively thereupon stand and be absolutely confirmed by the general assembly of this Province, and the said first mentioned indenture shall operate and enure as an effectual surrender of all the terms, estates, and interests, thereby expressed to be surrendered, and an effectual merger and extinguishment thereof in the reversion and inheritance, and as effectual releases of all the claims and demands thereby expressed to be released, according to the tenure and purport of the same indenture, and the said secondly mentioned indenture shall operate and enure as a valid and effectual grant, lease, and demise of all the premises thereby expressed to be granted, released, and demised for the term, at the rents, royalties, and reservations, and with, under and subject to the covenants, agreements, conditions, and provisoes by and in the same indenture respectively granted, contained and reserved, or expressed so to be according to the tenor and purport of the same indenture, and that when and so soon as all the said executions hereinbefore mentioned, shall have been duly effected, as aforesaid, and the said two several indentures shall have been delivered to the said lieutenant … - 105 -
… governor, as aforesaid, the same indentures shall respectively operate and take effect as from the said first day of January, one thousand eight hundred and fifty-eight, and as if the same had been duly executed the same day by all the parties named as parties thereto, respectively, including her majesty, and had been delivered to the said lieutenant governor, as aforesaid, on the same day. Provided always, and it is hereby further enacted, that if the said two several indentures shall not be respectively duly executed, as aforesaid, and delivered to the said lieutenant governor, as aforesaid, during the year one thousand eight hundred and fifty-eight, then, and in that case, the same indentures and the enactments hereinbefore contained shall be absolutely void and of none effect. 2. And for giving more full effect to the said lease of the first day of January, in the year one thousand eight-hundred and fifty eight, be it further enacted, that in case the said two several indentures shall be respectively executed as aforesaid, and delivered to the said lieutenant governor as aforesaid, during the year one thousand eight hundred and fifty-eight, sections nineteen, twenty, twenty-one, twenty-two, and twenty-three shall not apply to the coal mines expressed to be demised by the same lease, and during the continuance of the term expressed to be thereby granted, but not further or otherwise. 3. And be it enacted, that the schedule to this chapter shall be taken as part of this chapter. 4. And be it further enacted, That when and so soon as e recorded, conveniently may be, after the said two several indentures shall have been respectively executed, as aforesaid, and delivered to the said lieutenant governor, as aforesaid, the same indenture first above mentioned shall be recorded in the registry of deeds at Halifax, in the said province, and the indenture secondly herein mentioned shall be recorded in the registry of deeds in each of the counties in which the respective areas comprised in the said lease are situate, and this chapter, or certified copies of and extracts from the registry of the same indentures respectively, under the hand of the proper officer, shall be admitted as evidence of the contents and due execution of the same indentures, respectively, in all courts of law and equity, or other judicature. SCHEDULE. This indenture, made the 1st day of January, in the year of our Lord 1858, between Christopher Pearse, of No. 35 Loundes Street, Belgrave Square, in the county of Middlesex, esquire, and John George Nutting, of No. 3 Gloucester terrace, Hyde park, in the same county, esquire, of the first part; Mary Ann Rundell, of Moncton … - 106 -
... house, near Taunton, in the county of Somerset, widow, and the reverend Edmond Strong, of the parish of Clyst, Saint Mary's, in the county of Devon, clerk, of the second part; the general mining association, of the third part, and the Queen's most excellent majesty, of the fourth part. Whereas, by letters patent, bearing date the 25th day of August 1826, being in the form of an indenture made or expressed to be made between his late majesty king George the fourth, of the one part, and his late royal highness Frederick, duke of York and Albany, of the other part, his said late majesty king George the fourth granted and demised certain mines and minerals in the province of Nova Scotia, unto the said duke of York and Albany, his executors, administrators, and assigns, for the term of 60 years, from the day of the date of the said letters patent, at the rents or royalties therein mentioned. And whereas by an indenture of underlease, bearing date the 12th day of September, 1826, and made between the said duke of York and Albany, of the one part, and John Bridge, Edmond Waller Rundell, Thomas Bigge and John Gawler Bridge, all since deceased, of the other part, the said duke of York and Albany granted and demised the same mines and minerals unto the said John Bridge, Edmond Waller Rundell, Thomas Bigge, and John Gawler Bridge, their executors, administrators, and assigns, for the then residue of the said term of sixty years, except the last day thereof, at the rents or royalties therein mentioned. And whereas, in the reign of his late majesty king William the fourth, an agreement was entered into between his said majesty's then secretary of state for the colonies, on behalf of the crown, and the said John Bridge, Edmond Waller Rundell, Thomas Bigge, and John Gawler Bridge, for a grant or lease from the crown, to them the said John Bridge, Edmond Waller Rundell, Thomas Bigge, and John Gawler Bridge, of certain mines and minerals in the said province, which were not included in, or were excepted out of, or were alleged not to be included in, or to be excepted out of the said letters patent and indenture of underlease respectively, at certain rents and royalties, but no grant or lease was ever executed in pursuance of the said agreement. And whereas, the said association became absolutely entitled to all the beneficial estate and interest under the said indenture of the 12th day of September, 1826, and the said agreement, but no assignment to them of the premises comprised therein respectively, or any part thereof has ever been executed. And whereas, the said association has worked various coal mines under or by virtue of the said indenture of underlease and the said agreement respectively. And whereas, the said Frederick, duke of York and Albany, died in the month… - 107 -
… of January, 1827, having duly made his last will, bearing date the 26th day of December, 1826, and thereby appointed Sir Herbert Taylor and Sir Benjamin Charles Stephenson his executors, by whom the said will was, on or about the 30th day of January 1827, duly proved in the prerogative court of the archbishop of Canterbury. And whereas, the said Sir Benjamin Charles Stephenson survived the said Sir Herbet Taylor, and died on the 10th day of June, 1830, intestate. And whereas, on the 19th day of February, 1840, letters of administration to the estate and effects of the said duke of York and Albany, then left unadministered, were granted to the said Christopher Pearse and John George Nutting by the prerogative court of the archbishop of Canterbury. And whereas, on the 27th day of May, 1851, letters of administration to the estate and effects of the said duke of York and Albany, in the said province of Nova Scotia, were granted to Lawrence Hartshorne, as the attorney and on the behalf of the said Christopher Pearse and John George Nutting, as such administrators as aforesaid, by the proper court in the said province, and by an indenture bearing date the 5th day of February, 1852, and made between the said Lawrence Hartshorne, of the one part, and the said Christopher Pearse and John George Nutting, of the other part, the said mines, minerals, and premises, comprised in and granted and demised by the said hereinbefore recited letters patent, were assigned by the said Lawrence Hartshorne unto the said Christopher Pearse and John George Nutting, their executors, administrators, and assigns. And whereas, many years ago, disputes arose between the said Sir Herbert Taylor and Sir Benjamin Charles Stephenson as the legal personal representative of the said duke of York and Albany and the said association, concerning the rents and royalties payable under or by virtue of the said indenture of the 12th day of September, 1826, and suits were instituted in the high court of chancery by the said Sir Herbert Taylor and Sir Benjamin Charles Stephenson as such legal personal representatives as aforesaid, against the said Edmond Waller Rundell and others, for determining such disputes, and suits of revivor and supplement have since been instituted in relation thereto. And whereas, an agreement for compromising the said disputes was entered into between the said Christopher Pearse and John George Nutting and the said association, with the approbation of the legal advisers of her present majesty, queen Victoria, and with the approbation of the said court of chancery in the said suits, and in certain suits instituted in the said court for administering the estate of the said duke of York and Albany, and the terms of such agreement were expressed in an indenture, bearing date the 29th day of May, 1849, and made between the said Edmond Waller Rundell, Thomas Bigge, and John Gawler Bridge, of the first part, the said … - 108 -
… association, of the second part, the said Christopher Pearse and John George Nutting, of the third part, and Robert Moser, Alfred Charles Bridge and Henry Warre, of the fourth part, and such terms were in part to the effect that the said letters patent bearing date the 25th day of August, 1826, and the said indenture of underlease of the 12th day of September, 1826, and the said agreement entered into in the reign of king William the fourth, for a lease from the crown hereinbefore respectively recited or mentioned, should be surrendered to her majesty, and that a new lease of the said mines should be granted by her majesty to the said Christopher Pearse, and John George Nutting, as such legal personal representatives as aforesaid, at certain rents or royalties, and that a new underlease of the same mines should be granted by the said Christopher Pearse and John George Nutting to the said association, at certain rents or royalties, and further, that in the meantime and until such lease and underlease should be granted, the said association should invest the rents and royalties which would be payable as part of the estate of the said duke of York and Albany, if such lease and underlease had been actually granted in the purchase of bank £3 per cent, annuities, and should accumulate the dividends thereof. And whereas the terms of the said agreement were afterwards modified with the approbation of the said court in the said suits. And whereas, it became impracticable to carry the said agreement into effect by reason of the provisions of the act of the general assembly of the said province of Nova Scotia entituled, "An act for transferring the crown revenues of Nova Scotia and providing for the civil list thereof," which was passed on the eighth day of March, 1849, and received the royal assent on the 29th day of June, 1849, and whereby the right and title of her majesty in and to the said mines and minerals and the rents and royalties payable for or in respect of the same, were assigned, transferred, and surrendered to the disposal of the general assembly of the said province, without making any provision for carrying out the said agreement. And whereas, the said Edmond Waller Rundell survived the said John Bridge, Thomas Bigge, and John Gawler Bridge, and died on the 10th day of February, 1857, having first duly made and signed his last will and testament in writing, bearing date on or about the 19th day of October, 1853, and thereof appointed the said Mary Ann Rundell and Edmond Strong, executrix and executor respectively, who, on or about the fifth day of March, 1857, duly proved the said will, together with a codicil thereto, in the prerogative court of Canterbury. And whereas, with a view to a final settlement of all matters in difference between the said Christopher Pearse and John George Nutting, as such legal personal representatives as aforesaid, and the said association, it has been agreed between them, with the… - 109 -
… approbation of her majesty, and of the said court in the said suits, so instituted as aforesaid, that the said association should purchase for the sum of £120,000 all the term, estate, and interest whatsoever of the said Christopher Pearse and John George Nutting, as such legal personal representatives as aforesaid, whether under or by virtue of the said letters patent of the 25th day of August, 1826, or the said indenture of underlease of the 12th day of September, 1826, or the said indenture of the 29th day of May, 1849, or the modifications of the agreement expressed therein, or otherwise howsoever, of and in all the mines, minerals and premises in the said province of Nova Scotia, comprised in and demised by the said indenture of underlease, or forming the subject of the said indenture of the 29th day of May, 1849, or the modifications of the agreement expressed therein, and of and in the rents, royalties, reservations, and payments payable in respect of the same, and of and in all the bank annuities in which any of the said rents, royalties, reservations, and payments have been invested, and the accumulation thereof. And the said Christopher Pearse and John George Nutting, and the said Mary Ann Rundell and Edmund Strong, at the request of the said association, have agreed to make and execute the surrender hereinafter on their part contained. And whereas, all the rents, royalties and reservations, which have become payable to her majesty for or in respect of the said mines and minerals, or any of them, up to and including the 31st day of December, 1857, have been duly paid and satisfied. And it has been agreed that the releases hereinafter contained should also be executed, it being understood and agreed that an act of the general assembly of the said province of Nova Scotia will be passed and assented to by her majesty for confirming and giving more full effect to these presents: Now this indenture witnesseth, that in pursuance of the said agreement in this behalf, and in consideration of the sum of £120,000 to the said Christopher Pearse, and John George Nutting, by the said association, paid at or immediately before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and for other the considerations hereinbefore recited, the said Christopher Pearse and John George Nutting, and the said Mary Ann Rundell and Edmond Strong, at the request and by the direction of the said general mining association (testified by their execution of these presents,) and the said general mining association, according to their several and respective estates and interests in the premises, do each, and every of them doth, surrender, release, and yield up unto the queen's most excellent majesty, her heirs and successors, all the mines, minerals, powers, and premises whatsoever, comprised in and granted or demised by the said hereinbefore recited letters patent of the 25th day of August, 1826, and all the … - 110 -
… mines, minerals, and premises agreed to be granted or demised by or forming the subject of the said agreement, entered into in the reign of his late majesty king William the fourth, for a lease from the crown as hereinbefore is mentioned. And all the estate, right, title, interest, claim, and demand whatsoever, either at law or in equity, of the said surrendering parties and every of them, in, to, and out of the said premises, to the intent that the several residues now unexpired of the said term of sixty years, granted by the said letters patent, and of the said term of sixty years wanting one day, granted by the said indenture of underlease, and all the interest agreed to be granted by the said agreement entered into in the reign of his late majesty king William the fourth, for a lease from the crown, and all other the estate, term, and interest of the said surrendering parties, and every of them, in the mines or minerals in the said province of Nova Scotia, and every part thereof, may be merged and extinguished in the reversion and inheritance of the said premises. And this indenture further witnesseth, that in consideration of the premises, our said sovereign lady the queen, of her especial grace, certain knowledge, and mere motion, doth acquit, release, and for ever discharge the said Christopher Pearse, and John George Nutting, their heirs, executors, and administrators, and the estate and effects of the said duke of York and Albany, and also the said Mary Ann Rundell, and Edmond Strong, respectively, their respective heirs, executors, and administrators, and the estates and effects of the said John Bridge, Edmond Waller Rundell, Thomas Bigge, and John Gawler Bridge, respectively, and also the said association and their successors, of and from all and all manner of actions, suits, extents, accounts, reckonings, sums of money, rents, royalties, reservations, costs, charges, expenses, claims, and demands whatsoever, which either at law or in equity our said sovereign lady the queen, her heirs or successors, now hath or have, or hereafter shall or may or otherwise could or might have, under or by virtue of the said hereinbefore recited letters patent and underlease, or the said hereinbefore mentioned agreement, entered into in the reign of his late majesty king William the fourth, for a lease from the crown, or the said indenture of the 29th day of May, 1849, or the modifications made in the agreement therein expressed, or by reason of the said suits instituted as aforesaid, or any of them, or in any wise relating to the premises. And this indenture further witnesseth, that in consideration of the premises the said Christopher Pearse and John George Nutting, do, and each of them doth, acquit, release, and for ever discharge the said Mary Ann Rundell and Edmond Strong, respectively, their respective heirs, executors, and administrators, and the estates and effects of the said John Bridge, Edmond Waller Rundell, Thomas Bigge, and John Gawler Bridge, … - 111 -
… respectively, and also the said association and their successors, of and from all and all manner of actions, suits, accounts, reckonings, sums of money, rents, royalties, reservations, costs, charges, expenses, claims and demands whatsoever, which, either at law or in equity, they, the said Christopher Pearse and John George Nutting, as such legal personal representatives as aforesaid, or either of them, or the heirs, executors, or administrators of them, or either of them, or the legal personal representative, or legal personal representatives, for the time being, of the said duke of York and Albany, have or hath or hereafter shall or may or otherwise could or might have, under or by virtue of the said hereinbefore recited underlease, or the said indenture of the 29th day of May, 1849, or the modifications made in the agreement therein expressed, or by reason of the said suits instituted as aforesaid, or in anywise relating to the premises. And this indenture further witnesseth, that in consideration of the premises, the said Mary Ann Rundell and Edmond Strong, at the request and by the direction of the said association, (testified as aforesaid), and the said association do and each of them doth acquit, release, and forever discharge the said Christopher Pearse and John George Nutting, and each of them, and the heirs, executors, and administrators of them, and each of them, and the estates and effects of the said duke of York and Albany, Sir Herbert Taylor, and Sir Benjamin Charles Stephenson, respectively, of and from all and all manner of actions, suits, accounts, reckonings, sums of money, rents, royalties, reservations, costs, charges, expenses, claims and demands whatsoever, which, either at law or in equity, the said Mary Ann Rundell and Edmond Strong, his heirs, executors, or administrators, or the said association, or their successors or assigns hath or have, or hereafter shall or may, or otherwise could or might have, under or by virtue of the said hereinbefore recited underlease, or the said indenture of the 29th day of May, 1849, or the modifications made in the agreement therein expressed, or by reason of the said suits instituted as aforesaid, or any of them, or in anywise relating to the premises. In witness, &c. This indenture, made the first day of January, 1858, between the queen's most excellent majesty, of the one part, and the general mining association, of the other part, WITNESSETH: That in consideration of certain surrenders and releases, effected and contained in and by a certain indenture, bearing even date with these presents, and made or expressed to be made between Christopher Pearse and John George Nutting, of the first part, Mary Ann Rundell and Edmond Strong, of the second part, the said association, of the third part, and … - 112 -
… her majesty, of the fourth part, and in consideration of the rents and royalties hereby reserved, and of the covenants and agreements herein contained, and on the part of the said association, their successors, and assigns, to be observed and performed, our said sovereign lady the queen, of her especial grace, certain knowledge, and mere motion, doth grant and demise unto the said association, their successors, and assigns, all and singular the beds and seams of coal, whether opened or unopened, within, under, or upon, the six several tracts of land hereinafter described, that is to say: First, within, under, or upon, all that tract in the island of Cape Breton, which comprises the works of the association on or near Sydney harbour and on or near Point Aconi, and is bounded as follows, that is to say: beginning at Stubbert's Point above Indian Cove on the northern shore of Sydney harbour, thence running in a northerly direction, and crossing the Little Bras d'Or to the head of Mill Pond on Boularderie Island, where the Aconi Brook enters into said pond, thence northerly by the eastern side of said pond to the sea shore, and round Point Aconi and north-eastwardly by the shore, crossing the little entrance of the Bras d'Or round Cranberry Head, and thence along the northern shore of Sydney harbour to the place of beginning. Secondly, within, under, or upon all that tract in the island of Cape Breton, which lies on the southern side of Sydney harbour, and comprises the works of the association at Lingan on the north side of Bridgeport harbour, and is bounded as follows, that is to say: beginning on the southern side of Sydney harbour at McPhee's brook or ferry; thence running in a southerly direction to the mouth of the north-west brook, so called, which empties into Bridgeport basin; thence by the northern shore of said basin to Indian bay, and by the shore of the said bay eastwardly to the "North Head" on the sea shore; thence northwardly and westwardly by the sea shore and Sydney harbor to the place of beginning. Thirdly, within, under, or upon all that tract in the island of Cape Breton which lies on the southern shore of Indian Bay or Bridgeport, and comprises the ancient works of the association on the southern side of Bridgeport, and is bounded as follows, that is to say: beginning at a point on the southern shore of Indian Bay at the distance of 25 chains, westwardly by the shore from Level Mouth (so called) ; thence south 35 deg. 45 min. west (being parallel to the out-crop of the coal seam on this tract) 98 chains to a tree marked as a corner bound; thence south 54 deg. 15 min. east 102 chains and 30 links to a squared post on the east side of Caddigan's or Cadougan's Brook, thence parallel with the line first described 131 chains, or to the shore of Dead Man's Cove at a point distant 5 chains, eastwardly by the shore of said cove from the mouth of said brook ; thence westwardly by the shore of said cove and Indian Bay to the … - 113 -
… place of beginning, comprising an area by measurement of two square miles. Fourthly, within, under, or upon all that tract near New Glasgow in the county of Pictou, and comprising the works of the association known as the Albion mines, and is bounded as follows, that is to say: beginning at the southern angle of the church at the Albion mines; thence south 57 deg. 20 minutes east (being on the same range with a line running through the spire of said church) 104 chains and 88 links to post No. 1. marked G. M. A.; thence north 32 deg. 40 minutes east crossing McLellan's Brook 106 chains and 70 links to post No. 2 marked G. M. A.; thence north 57 deg. 20 minutes west (crossing the East River of Pictou) 240 chains to post No. 3 marked G. M. A.; thence south 32 deg. 40 minutes west 106 chains and 70 links to post No. 4 marked G. M. A.; thence south 57 deg. 20 minutes east through the spire of the church aforesaid to the place of beginning, and which last mentioned tract covers an area of four square miles, by measurement. Fifthly, within, under, or upon all that tract lying in the county of Cumberland on the shore of Cumberland basin, at or near the Joggins, so called, and comprising the works of the association at the Joggins, and is bounded as follows, that is to say: Beginning at a squared post marked 1857 on the bank of the shore of Cumberland basin 2 chains and 75 links southward by the said shore from the mouth of Dennis Brook; thence south 73 deg. 30 min. east 256 chains to a squared post marked 1857; thence north 16 deg. 30 min. east 100 chains to a squared post marked 1857; thence north 73 deg. 30 min. west, passing a post at high water mark on the Joggins shore of the basin aforesaid, and extending thereby into said basin until the whole distance of 256 chains has been run out; thence south 16 deg. 30 min. west to the place of beginning crossing the mouth of Dennis Brook, comprising an area of four square miles by measurement. And sixthly, within, under, or upon all that tract lying in the county of Cumberland at or near Spring Hill, so called, and is bounded as follows, that is to say: Beginning at a birch tree at the south-west angle of a lot containing one hundred and twenty-eight acres, granted to the general mining association by letters patent bearing date 26th April, 1849, (vide book 16, No. 1494 of the registry of grants in the crown land office, Halifax); thence south 40 deg. east 39 chains and 50 links to a squared post marked 1857; thence north 50 deg. east 160 chains to a postmarked 1857 ; thence north 40 deg. west 160 chains to a post marked 1857 ; thence south 50 deg. west 160 chains to a post at Mill Pond on Coal Mine brook and marked 1857; thence south 40 deg. east 120 chains and 50 links to the place of beginning, and which last mentioned tract covers an area of four square … - 114 -
… miles by measurement, which said several courses indicate the direction of the magnet at this date-and which said six areas or parcels have been surveyed and laid off by officers of the association under the supervision of officers of the government of Nova Scotia, and plans thereof, subscribed by the said officers respectively, have been lodged in the office of the commissioner of crown lands at Halifax, for explanation of the limits and boundaries of the said areas and parcels, as by the said plans, upon reference thereto, may more fully appear. And also, so far as her majesty, with the concurrence of the general assembly of the said province of Nova Scotia, can or lawfully may give or grant the same, full and free liberty, license, and authority, to and for the said association, their successors and assigns, and their tenants, servants, workmen and agents, to search for, dig, work, and take, such beds and seams of coal, and to make or use any pit and pits, trench and trenches, quarry and quarries, groove and grooves, and to drive and use any drift and drifts, watergate and watergates, waygate and waygates, airgate and airgates, watercourse and watercourses, as well for working, winning, obtaining and getting the said coal, as also for voiding and carrying away the water, foul air, and rubbish from the mine thereof, and also to make or use and enjoy sufficient and convenient pit room, ground room, and heap room, within the limits of the said tracts or districts hereinbefore described, for the laying and placing as well the coal which has heretofore been had, wrought, won, or gotten, or which shall, from time to time hereafter, be had, wrought, won, or gotten, from or out of the said coal mines, or any of them, as also all such stones, gravel, sand, deads, and other rubbish, which has heretofore proceeded or been had or gotten, or shall hereafter proceed or be had or gotten from or out of the said mines, or any of them, or in the working or digging thereof, or in getting or raising the said coal, and also to make, place, erect, and set up, or use within the limits of the said tracts or districts, and every of them, all such gins, engines, furnaces, refineries, cupolas, foundries, cranes, forges, mills, houses, stables, hovels, lodges, sheds, offices, and other machinery, buildings, and erections as shall, from time to time, be needful or convenient for opening, working, or drawing the said mines, and every or any of them, and for lodging, stacking, depositing or placing the same, and for burning and making bricks, tiles, and pipes, and for withdrawing or carrying away of water from the said mines, and every or any of them, or for the standing, lodging, laying or placing of the workmen, work-horses and work-gear, to be used or employed in or about the making and carrying on the works of the said mines, respectively, and also within the limits of the said tracts or districts, and every or any of them, to use and enjoy all such gins, … - 115 -
… engines, furnaces, refineries, cupolas, foundries, cranes, forges, mills, houses, stables, hovels, lodges, sheds, offices, and other machinery, buildings, and erections, as have been heretofore made, placed, erected and set up within the limits of the said tracts or districts, or any of them, for the purposes aforesaid, and are now standing or being thereon, and also within the limits of the said tracts or districts, and every or any of them, to use and enjoy sufficient and convenient way, leave, and liberty of passage, and liberty to make, lay, and place, one or more way or ways, railway or railways, tramroad or tramroads, and to remove, take away, amend and repair, alter and change the same, respectively, and to take, lead, drive and carry away, in, through, along, and over, the said way or ways, railway or railways, tramroad or tramroads, and in, through, along, and over any way or ways, railway or railways, tramroad or tramroads, heretofore made and now subsisting within the limits of the said tracts or district, or any of them, and with horses, carts, wains, waggons, or any other carriage or carriages, and with engines, all the coals to be had, wrought and gotten forth and out of the said mines, and all other substances necessary or convenient to be removed therefrom. And also so far as her majesty with the concurrence of the general assembly of the said province, can or lawfully may give or grant the same, full and free liberty, license and authority, for the said association, their successors and assigns, to make such ways, roads, railways and tramroads, through, across, or over any lands in the vicinity of and other than the said tracts or districts, from and to any mine or mines under or upon the said tracts or districts, or any of them, to and from such navigable water as shall be considered by the said association, their successors or assigns, most convenient and suitable for the shipment of coal or the carriage of materials for the purposes of their mining operations and the agents and workmen of the said association, in such places as shall be reasonable, and shall by the said association, their successors or assigns, be thought best, and for the purposes aforesaid, and no other purposes, to use all such ways, roads, railways and tramroads, as shall be so made, the said association, their successors and assigns, doing as little damage as possible thereby, and paying to our sovereign lady the queen, her heirs or successors, by the hands of the lieutenant-governor, for the time being, of the said province, for the use of the said province, a full and fair compensation, in respect of the exercise of the said last mentioned rights of way, the position and dimensions of such ways, roads, railways and tramroads, and the amount of the said compensation to be respectively determined, in case of difference, by the arbitration and award, in writing, of any two out of three indifferent persons, to be appointed in manner … - 116 -
… following, that is to say: one to be appointed in writing by the lieutenant governor, for the time being, of the said province, and another to be appointed in writing by the said association, their successors, or assigns, or in case either of the said parties shall refuse or neglect to appoint an arbitrator for the space of one calender month after being required in writing by the other party so to do, then both the said two indifferent persons to be appointed in writing, by such other party, and the other of such three indifferent persons to be appointed in writing by the said two indifferent persons to be first appointed as aforesaid; and generally to have, hold, use, and enjoy, during the continuance of this grant or demise, all other powers and privileges whatsoever, within, over and upon the said tracts or districts, or any of them which shall or may be useful, necessary, or convenient for, or in or about the searching for, winning, working, digging, getting, or drawing of coal from, and out of the said mines, or any of them, and taking and carrying away the same, and for stacking and lodging the same, or any part thereof, and which her majesty, with the concurrence of the general assembly of the said province, can or lawfully may give or grant, they, the said association, their successors and assigns, and their tenants, servants, agents, and workmen, doing as little spoil and damage of ground as possible within the limits of the said tracts or districts, in searching for, winning, working, having, exercising and enjoying of the premises, and the several powers, liberties, and privileges hereby granted and demised, save and except, nevertheless, and reserving out of these presents unto our said sovereign lady the queen, her heirs and successors, and her or their lessees, of all or any of the mines, in, under, or upon any part of the said province, except the said tracts or districts hereinbefore described, but with such restrictions as hereinafter mentioned, full and free right and liberty to make, and to use when so made, such ways, roads, railways, and tramroads, through, across or over the said tracts or districts, or any of them, from and to any mine or mines, in, under, or upon any part of the said province, except the said tracts or districts, to and from such navigable water, as shall be considered by the lieutenant governor, for the time being, of the said province, or the lessees of the same mine or mines, most covenient and suitable for the shipment of coal and other minerals, in such places as shall be reasonable, and shall by such lieutenant governor, for the time being, or such lessees, be deemed best, and also, full and free right and liberty for the said lieutenant governor for the time being, or the lessees of such mine or mines, but with such restrictions as hereinafter mentioned, to erect on the said tracts or districts hereinbefore described, or any part thereof, and to use and enjoy when so erected any such works, buildings, wharves, or other establishments necessary … - 117 -
… or convenient for the working and winning of coal or other minerals, or the successful carrying on of any collieries or mining establishments, in, under, or upon any part of the said province, except the said tracts or districts hereinbefore described, but so as not to obstruct in any material degree, nor unless in case of absolute necessity, to interfere with the operations, from time to time, of the said association, and so that such lessees as aforesaid shall not have or be entitled to use or exercise any such rights or liberties as are hereby expressed to be excepted and reserved, save only when the same rights and liberties shall be specially granted in, and shall also be (as nearly as conveniently may be) particularly and precisely specified, limited and described as to position and dimensions and other material particulars in the leases under which such lessees shall claim or be entitled to the aforesaid mines or any of them, the said province or the lessees of such mines as aforesaid paying to the said association, their successors or assigns, a full and fair compensation in respect of the exercise of the said rights and privileges so excepted and reserved as aforesaid or any of them, the position and dimensions and other material particulars of the said ways, roads, railways and tramroads, works, buildings, wharves or other establishments, and the amount of the said compensation to be respectively determined, in case of difference, by the arbitration and award, in writing, of any two out of three indifferent persons to be appointed in the manner following, that is to say, one to be appointed, in writing, by the lieutenant governor for the time being, of the said province, or in case of a lease of any of the said mines by such lessees, as aforesaid, who may be interested in the question, another to be appointed, in writing, by the said association, their successors or assigns, or in case either of the said parties shall refuse or neglect to appoint an arbitrator for the space of one calendar month after being required in writing by the other party so to do, then both the said two indifferent persons to be appointed, in writing, by such other party, and the other of the said three indifferent persons t o be appointed in writing, by the two indifferent persons to be first appointed, as aforesaid. To have and to hold the said beds and seams of coal, mines, powers, authorities, and all and singular other the premises hereby granted and demised, or expressed so to be, unto the said association, their successors and assigns, for and during and unto the full end and term of twenty-eight years, to commence and be computed from the 1st day of January, 1858, and also for such portion of the next succeeding year as shall elapse previously to the 25th day of August in the same year, being the year 1886, and fully to be complete and ended, yielding and rendering therefor unto our sovereign lady the queen, her heirs and successors, yearly and every year, on the 1st day … - 119 - … of March, during the continuance of this grant or demise, at Halifax, in the said province, or at such other place or places as the lieutenant governor, for the time being, of the said province, shall think fit, and by writing under his hand, appoint through the hands or by the receipt of the lieutenant governor, for the time being, of the said province of Nova Scotia, for the use of the said province, the rent or royalty of six pence, Halifax currency, for every ton of coal of 2240 lbs. (except coal now known in the said province as slack coal, and except coal to be used by the workmen of the said association, or to be used in carrying on the works or operations of the said association,) which shall, in any and each year, commencing with the said 1st day of January, 1858, and thenceforth during the continuance of this grant or demise, be wrought or gotten forth or out of the said beds or seams hereby granted and demised, or any of them, and sold up to and including the first 250,000 tons which shall be so wrought or gotten and sold in any and each year, and the rent or royalty of four-pence, Halifax currency, for every ton of coal of 2240 lbs., (except as aforesaid,) which shall in any and each year, commencing with the said 1st day of January, 1858, and during the continuance of this grant or demise, be wrought or gotten forth or out of the said beds or seams hereby granted or demised, or any of them, and sold over and above the first 250,000 tons, which shall be wrought or gotten and sold in such and the same year; the first payment of the said rents or royalties, hereby reserved, to be made on the 1st day of March, 1859, and the rents and royalties which shall be payable for or in respect of all coal which shall be wrought or gotten and sold during the portion of a year, commencing with the first day of January, 1886, and ending with the 25th day of August, 1886, to be paid on the 25th day of October in the same year, 1886. And the said association, for themselves, their successors and assigns, do covenant with our sovereign lady the queen, her heirs and successors, that the said association and their successors shall and will well and truly pay or cause to be paid unto our said sovereign lady the queen, her heirs and successors, through the hands or by the receipt of the lieutenant governor, for the time being, of the said province, at the times and in manner aforesaid, the said rents or royalties hereby reserved, or intended so to be. And that the said association, their successors and assigns, shall and will, during the continuance of this grant or demise, keep or cause to be kept, one or more book or books of account, wherein true entries shall be made of all such coal as shall from time to time be wrought or gotten forth or out of the said beds or seams hereby granted and demised and sold by the said association, their successors or assigns, or their workmen or servants, on and from the said 1st day of January, 1858, during the continuance … - 119 -
… of this grant or demise, distinguishing in such accounts large coal from the said slack coal. And that it shall be lawful for the lieutenant governor, for the time being, of the said province, or such person or persons as he shall appoint under his hand and seal from time to time, to have free access and liberty to inspect and take copies of the said books of account; and that the said association, their successors or assigns, shall and will on the 1st Monday in February, or within two calendar months afterwards in every year during the continuance of this grant or demise, deliver, or cause to be delivered, unto such lieutenant governor as aforesaid, or to such person or persons as he shall appoint in manner aforesaid, one or more affidavit or affidavits, to be made by two or more credible persons principally employed in or about the working and management of the said beds or seams hereby granted and demised, that the entries which shall from time to time be made in such book or books of account, as aforesaid, do contain a full and true account of the quantities of all such coal as shall be wrought or gotten and sold in each and every year in all or any part of the premises, which affidavit or affidavits shall be duly sworn before the said lieutenant governors, of the time being, or before some justice of the peace in the same province. And likewise that the said association, their successors or assigns, shall and will annually, during the continuance of this grant and demise, lay or cause to be laid before the said lieutenant governor for the time being, upon the oaths of two or more credible persons, principally employed in or about the working and management of the said mines, respectively, a full, true and particular account in writing of the numbers, names and situation of the said mines, respectively, and other competent and sufficient descriptions thereof, and also of the numbers, names, and situation, and other competent and sufficient descriptions of all and every the shafts, adits, levels, drains, and other works whatsoever belonging thereto respectively, and the several works thereof. And also a full, true .and particular account, to be authenticated as aforesaid, of the number on the average of the two preceding years of persons employed in and about the said mines, respectively, and the works thereof. And also that the said association, their successors or assigns, shall and will, during the continuance of this grant and demise, keep and have forthcoming, at all seasonable times, to the lieutenant-governor, for the time being, of the said province, or such person or persons as he shall in that behalf, by writing under his hand, appoint, with liberty to him and them to make copies of or extracts from the same, and at some convenient place, upon each of the said areas, the coal mines whereof are hereby granted or demised, or within two miles thereof, respectively, an accurate plan or plans of the mines … - 121 - …. comprised in such area, and of the workings thereof, and of all the shafts, adits, levels, drains and other works whatsoever belonging thereto. And also that the said association, their successors or assigns, shall not nor will, at any time or times hereafter, during the term hereby granted, assign, transfer, or set over, or otherwise part with, the premises hereby granted and demised, or any part thereof, to any person or persons whomsoever, without the license, consent or approbation of our said sovereign lady the queen, her heirs or successors, first had and obtained for the doing thereof, to be signified under her or their signet, or sign manuel, or under the sign manual of the lieutenant-governor for the time being, of the said province, or under the great seal of the united kingdom of Great Britain and Ireland, or of the said province. And also that it shall be lawful for any inspector or inspectors, viewer or viewers, agent or agents, to be by the said lieutenant-governor for the time being, appointed under his hand, at any time during the continuance of this present grant or demise, when, and as any of the shafts of the said mines are at work, to descend by the ropes, rollers, gins, or engines, or other utensils used at any of the said shafts, of or belonging, or which shall belong, to the said mines, respectively, or any of them, into the said mine, shafts or pits, or any of them, to plumbline, view and survey the works thereof, and to view and see that the same are regularly and fairly wrought and carried on, and by the same ways and means to ascend and come up the said mines, shafts or pits, or any of them, and shall and may in the doing thereof, have the help and assistance of the workmen and servants employed in the said mines, or of such other person or persons as he or they shall think fit. And also that the said association, their successors and assigns, shall and will, from time to time, and at all times during the continuance of this grant or demise, well and effectually maintain and support all and every the working pits, shafts, levels, drifts and watercourses of and belonging to the said respective mines, with all such timber and deals and other materials as shall be requisite or necessary for that purpose, and so as to prevent the same and the roofs of the said mines from falling in or being otherwise damaged, and shall and will, at the end or other sooner determination of the said term, peaceably and quietly yield and deliver unto such person or persons as our said sovereign lady the queen, her heirs or successors, shall appoint, under her or their signet, or sign manual, or under the sign manual of the lieutenant governor for the time being, of the said province, to receive and take possession thereof, all the said mines, and all and singular other the premises hereinbefore mentioned, except such furnaces, engines, mills, forges, foundries, railroads, implements, houses and buildings, as shall not be attached to the freehold, in such good order, plight … - 121 -
… and condition, as fair wrought mines ought to be left, with such timber, deals, and other materials as aforesaid, (such mines as, during the term hereby granted, shall be abandoned by reason of their being unproductive only excepted,) provided always, and it is hereby agreed and declared, and the said association, for themselves, their successors or assigns, do accept this grant or demise, under the condition that in case any default shall be made by the said association, their successors or assigns, in keeping such book or books of account, or in delivering such affidavit or affidavits as aforesaid, or in the payment of the said rents or royalties hereby reserved, for the space of forty-two days after the periods hereinbefore appointed for paying the same; or if the said association, their successors or assigns, shall omit or neglect, for the space of any one year during the continuance of this grant or demise, to lay before the said lieutenant governor, for the time being, such account or accounts in writing, as aforesaid, or to keep and have forthcoming, as aforesaid, such plan or plans, as aforesaid, or shall at any time or times assign, transfer, and set over, or otherwise part with the premises hereby granted, or any part or parcel thereof, to any person or persons whomsoever, for the term above granted, without the license, assent or approbation of our said sovereign lady the queen, her heirs or successors, to be signified as aforesaid, contrary to the true intent and meaning of the said covenant or agreement in that behalf hereinbefore contained, then and in every or any of the said cases when the same shall have been adjudged and declared by any six or more of the privy council of our sovereign lady the queen, her heirs or successors, to have arisen or happened, these presents, and all and every the powers and privileges hereby granted, shall be utterly null and void, anything to the contrary thereof in these presents notwithstanding ; and it is hereby agreed and declared, and our said sovereign lady the queen doth hereby grant, that during the continuance of the grant and demise hereby made, our said sovereign lady the queen, her heirs or successors, shall not, without the consent in writing of the said association, their successors or assigns, by lease, license, or otherwise, empower or allow any party or parties to work or get and enjoy or sell any coal whatsoever in the said province at a less renter royalty, or on more favourable terms in any respect, than the rent or royalty and terms respectively reserved by and contained in these presents. And that the said province shall, before the first day of January, 1859. pass, and during the continuance of the said grant or demise hereby made, enforce, such legislative enactments, and take such measures, by the appointment of an inspector and otherwise as may be required, to prevent the working of any coal in the said province by unauthorised persons, and … - 122-
… to prevent the sale or export of coal, except the coal which may be sold or exported by the said association, their successors or assigns, by any party or parties, and except such as may be worked on payment of rent or royalty equivalent to the rent or royalty hereby reserved, and subject to terms not mare favourable than the terms hereby granted to the said association, their successors and assigns. And further, that during the continuance of the grant or demise hereby made, the said province shall not, without the consent, in writing, of the said association, their successors or assigns, impose any duty on the export of coal. Inwitness, &c. And whereas in consequence of the grant and demise made by the crown to his late royal highness the duke of York and Albany, dated the twenty-fifth day of August in the year one thousand eight hundred and twenty-six, of mines and minerals in this province, the reservation of minerals in grants of land from the crown since that period have been more extensive than had previously been accustomed, and the said grant and demise having been surrendered for the benefit of this province, it is proper to confer upon the parties entitled to such lands more extended rights in respect of certain minerals therein; and whereas from general words used in the reservation of mines and minerals in the grants of land in this province passed previously to August in the year one thousand eight hundred and twenty-six, doubts may arise and a more extended operation be given to such reservations than is expedient and proper. 5. All letters patent under the great seal of this province for granting lands in this province in fee simple by the crown to any person or body corporate, shall, subject to the restriction in the seventh section, be construed and held as if the mines and minerals reserved in and by and excepted out of the operation of the said letters patent had been limited and confined to gold, silver, tin, lead, copper, coal, iron, and precious stones only, and all other mines, minerals, ores, and earths, including iron stones, lime stones, slate stone, slate rock, gypsum, and clay, contained in the lands granted by such letters patent, excepting only gold, silver, tin, lead, copper, coal, iron, and precious stones, shall, by virtue of this act, be held and taken to have passed in and with the said lands and as part thereof under the said letters patent. 6. All conveyances and dispositions of any such lands shall be construed and held to convey and dispose of the mines and minerals, the subject of and intended to be effected by the last section, and comprised within the lands conveyed or disposed of in the same manner as they would have done had those minerals originally passed to the grantees of such lands under the letters patent granting the same, unless that construction be inconsistent with the … - 123-
… object and intention of the parties as plainly manifest on such conveyances and dispositions. 7. Sections five and six shall apply to no mines or minerals which shall not by virtue of the surrender or otherwise be vested in the crown or be under the control of the legislature of this province, nor to any mines or minerals which shall be subject to any grant, sale, lease, or disposition thereof in force and subsisting at the time this act shall come into operation, and shall not effect the then existing rights of any person or body corporate. - 124 - SOURCE: Wilkins & Henry & Smith, 1859:103-124
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