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A History of the County of Yarmouth, N.S.
Chapter VIII. Increase between 1764-7. Township Grant. Marks of progress. Grist and Saw Mills


BETWEEN the time of Mr. Crawley’s return and the draughting of the Township grant, dated April the 7th, 1767, a space less than three years, there must have been over seventy arrivals; even if we make an allowance of thirty absentees, who, nevertheless, were grantees. In the return before referred to it is said that

“John WalkBr, Corney, Hading, Nathan Brown, James MattBra, Jonathan Corney, Sewell, John Bailey,—family and stock are coming down this autumn from New England.”

The Corneys were plainly the families of Corning; Beding was Benjamin Bedding; and James Matters, James Mattenly.

But besides those, who were all Mr. Crawley could speak of with certainty, there were Andrew Lovitt, whose numerous and well-to-do representatives are around us; Hezekiah Bunker, after whom the island so called, was named; and others less known. During the season of 1765, Richard, the ancestor of the Rose family, arrived; Nathaniel Elwell, of Almanac celebrity; and David Pearl, around whose family fortunes fact has thrown an air of romance. To these may be added Daniel Crocker, Elias Trask and Jonathan Scott, as being noteworthy for the influence which they in their lifetime, or their descendants after them, have had on the fortunes of this community. Although the document is lengthy, I have been unable to believe that it could have been omitted with advantage. I have therefore inserted the list of grantees, amongst whom, in three divisions, the whole Township was divided, with the exception of four shares retained by the Government, “to be disposed of as the Governour, Lieut. Governour, or Commander-in-Chief for the said Province, for the time being, may hereafter direct.” I may here remark, as being somewhat curious, and inexplicable at this late day, that several persons, who are well known to have been in the Township when the grant was made, were excluded. Such were Nathan Utley, Levi Horton and Elishama Eldridge.

LIST OF THE GRANTEES OF THE TOWNSHIP OF YARMOUTH, . GRANT DATED APRIL 7tH, 1767.

The following, as set forth in this grant, are

THE METES AND BOUNDS OF THE TOWNSHIP OF YARMOUTH:

“Beginning at the Stony Beach at the North side of the harhour of Cape Fourchu, and running Northward, measuring on the sea beach nine hundred and fifty chains, then to run into the Country course North sixty-nine degrees East, measuring twelve hundred and thirty chains, thence South twenty-one degrees, East till it meets with the River Tuskett; and to begin from the first boundary and to run along the sea coast Southerly till it comes to Little River, and to be bounded by said river as far as high water flows, then to run North sixty-six degrees, East till it meets lands laid out unto Robert Wilmot and others, to be bounded by said lands of Robert Wilmot and others till it comes to the River Tuskett, and to be bounded by the said River Tuskett till it meets the Northern boundary first described.”

As nearly as we are able to decide from different considerations, there were probably between twenty and thirty of those 132 grantees who were not in the Province at this time; and later on, we shall see that many, from different causes, finally lost their lands.

We have no reason to think that Sealed Landers would lose any time in setting up the grist mill. He had every inducement to get it into operation as soon as possible. His own advantage and the necessities of the people would alike urge him to its completion. In the face of this, it is a little difficult to see the meaning of Mr. Crawley’s remark that there are “a saw mill and a grist mill erecting in the said Township.” The grist mill was undoubtedly Mr. Landers’, and the saw mill was probably that erected by Ephraim Cook at Little River. John Walker, Landers’ brother-in-law, was associated with him in the working of the mill; and, ere long,—it being about as necessary to have lumber as to have meal,—a saw mill was erected on the eastern side of the stream, just opposite the grist mill. To some extent the interests of the two sets of millers were antagonistic; but an equitable arrangement having been made, an instrument was signed by all the parties concerned. As the earliest document of the kind made in the Township, it is not unworthy of a place here; we therefore insert it:

'“This indenture, agreement and covenant, made and executed this thirteenth day of September, in the year of our Lord one thousand seven hundred and eighty six, by us—between Seled Landere and John Walker, both of Yarmouth, in Queens County, and Province of Nova Scotia, on the one part, and Phineas Durkee, Eleazer Butler, and William Herskell, all of Yarmouth aforesaid, on the other part—witnesseth, that whereas there is a dam erected and built, now standing on the-fresh stream or river near the new dwelling house of the said Seled Landere, and the said Landers and Walker have built and now improve a grist mill on the westerly side of the eaid stream or river, and the other party have a saw mill on the easterly side of said stream or river, and the said dam is for the common use and benefit of both said millers, and now the said Landers and Walker, on their part, do covenant and agree to maintain and keep in good repair the whole of the westerly end of eaid dam, so far as to middle or centre of said dam, to be computed and measured from the said two mills, that is, to be divided in the middle half way, between said saw mill and grist mill, and to keep and maintain said dam so high as to raise seven feet of water at least in the floom of said grist mill, as it is now built, and in like manner to keep in repair their half of said dam as long as a grist mill shall be there continued; and the said Phineas Durkee, Eleazer Butler and William Herskell, on their part, do covenant and agree to maintain and keep in repair the other half of said dam, from the middle, as aforesaid, to the eastern bank or shore, of the same height as aforesaid, so long as the said saw mill shall be there continued, and also not to draw off the water at the floom of the said saw mill, at any time when the same is wanted for the use of the said grist mill, so low as not to leave four feet and a half head of water in the grist mill floom. And for the true and faithful performance of all and singular the articles, covenant and agreement, each party respectively, in manner aforesaid, according to the intent, meaning, and most reasonable construction thereof, we, the said parties, do bind ourselves, our heirs, executors, administrators and assigns, each party to the other party, firmly by these presents. In witness whereof, we have hereunto interchangeably set our hands and seals the day and year first above written. Signed,

Sealed Landers, John Walker, Phineas Durkee, Eleazer Butler, William Herskell,

Signed, sealed and delivered in the presence of Eleazer Hibbard,”


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