A. PANET, A.D.C

Plaidoyer du Défendeur :

In the Court of Common Pleas.

Dame Charlote Aubert Widow of Mr. D’Albergati and Ignace, Michel Louis, Antoine Salibery

Plaintiff

Between &

David Allgeo Défendant

And the said Défendant for Plea in Bar to the plaintiff Déclaration Saith that the Plaintiff ought not to hâve or maintain their action against him in this Behalf, Because he saith that the true it is “that “Mary Anne l’Estringant de St. Martin, widow of “the late Ignatius Aubert, Esquire Lord of La Che-

APPENDICE B

“naye, and Mrs. Charlotte Aubert d’Albergati, on “the ninetienth day of April 1771, let to the Défendant, for the term of fifteen years the Fief and Sei- “gnory” (as appears by the Lease exhibited) “con- “sisting of two leagues in front on the south side of “the River St. Laurent, to be taken from the middle “of the Breath of the River called Mitis, or otherwise, “the Island of St. Barnaby, and thence coming up “the said River St. Lawrence by two Leagues in “depth together with the island of Bic, lying opposite the same, and fina'lly the right of Fishing and “hunting and trading with the savages”. Yet the said Defendt that the Lessors did manifestly improve upon him, by not having yet given him possession of the said demised Premises. That, by the said lease, they did firmly bind and oblige themselves to warant into him his siens and assigns the peaceable and quiet possession and enjoyment of the premises during the said term of fifteen years, as by the said lease fully appearith. That, immediately after executing the said lease, the Defendt hired a vessel and men and supplied himself with ustensiles, provisions and necessaries for carrying on the said seignories occupied by Pierre Lepage, Louis Connul, Monsieur Benville, Charles Cotte, Pierre Ganion, Louis Connul, Pierre Lavoy and Monsieur Dupéré, who opposed Defendt and would not sufïer or permit him to fish on any of the Fisherys; and afterwards, in the spring of the year 1772, Defendt also hired a vessel and men and supplied himself with provisions and necessaries for carrying on the said fisheries to a considérable Amount, but the said Defendt was in

LES ETAPES D’UNE PAROISSE

like manner opposed and absolutely refused or permitted to fish on the said fisheries. That the said Defendt had no benefit in virtue of the said lease of fishing, hunting or trading with the savages or of enjoying the said demised Premises, by means of the said opposition which he is ready to prove.

That, by the said lease, the said Lessors did let to the Defendt a Fief and seigniory consisting of two leagues in front on the south side of the River St. Lawrence, to be taken from the middle of the River called Mitis, or otherwise called the Island of St. Barnaby, and thence running up the said River St. Laurent two leagues in depth; and which said seigniory and lands were not the property of the said Lessors, but the property of Peter Lepage and Louis Lepage, Seignors of Rimousky and St. Barnaby, and for which the Plaintiffs do not illegally demand rent.

That the said Defendt having been vested with a Power of Attorney from the said Lessors, the thirteenth of April 1771, in conséquence and by reason of the convenants in the said lease by the said Lessors, and in order to keep this Lessee in quiet and peaceable possession fully in arranting to the said Lessee the possession of the Lands afore said; did in their name and at their request institute a suit in His Majesty’s then Court of Common Pleas against the said Peter Lepage and Louis Lepage in order that they the said Lessors should be put in peaceable possession of the said seigniory of Bicque with ail the rights and priviledges there into belonging; and by reason where of the Defendt would hâve obtained legal and peaceable possession of the said seigniory

APPENDICE B

and Lands. And their Honor the then Judge of the said Court having ordered the Premises in dispute to be surveyed ; it was afterwards decreed that the middle of the River or Riverlet called Attée in the plan made should be the boundary between the Seigniories of Le Bicque and Remousky (as by the said Judgment appears) and which is two leagues westward of the Island of St. Barnaby mentioned in the said lease.

That the said Madame Aubert D’Albergati finding herself aggrieved by the said Judgment, in as much as she would be unable to perform the conditions of the said lease also of her future rights in and to the said land, did by a spécial Power constitute the Defendant her attorney to appeal from the said Judgment; which defendt did; and the same was upon trial and Hearing in His Majesty’s Court of Appeals, afterwards, to wit, in 1778 in ail things affirmed with carts, so that the same was uncontrovertidly the property of the said Louis Lepage, and the lease was thereby legally rendered nul and void, by means that the Lessor and the said Madame Aubert could not render and deliver to the Lessee the Lands and estate therein co venant to warrant, and to him the Défendant to defend for the time and period abovesaid in is considération of the Rent therein specified.

That the said Lessors hâve not performed or fulfilled the clauses and conditions mentioned and comprized in the said lease or any part thereof, where by the Défendant hath sustained Damage by the amount of several hundred of Pounds.

LES ETAPES D’UNE PAROISSE

That the Defendt has laid out and expanded on behalf of the said Lessors and in conducting and carrying on their suits divers sums of money to a considérable amount: and more over that the said Island of Bicque, part of the said demised premises and for what rent is now demanded, hath been taken possession of by and on the part of His Majesty whereby the Défendant is deprived even of that part of the said lands which after the Judgment of the said Court of Common pleas and of appeals was could be of any benefit.

Wherefor Defent Preys Judgment whether or not the said Plaintiffs ought to hâve or maintain any action against him for rent of the premises demised in 1771, and which were not the property of Plaintiffs as above said, but of Peter and Louis Lepage as aforesaid.

19th February 1781