POST OCCUPATIONAL HISTORY OF THE OLD FRENCH TOWN OF LOUISBOURG, 1760-1930

By Wayne Foster 

Unpublished Report H D 02

Fortress of Louisbourg

December, 1965

(Note: The illustrations, are available from the Fortress of Louisbourg / 
A noter : les illustrations pourrait être consulter à la
Forteresse-de-Louisbourg.) 

Table of Contents

CHAPTER IX: 1890-1902

This period in Old Town Louisbourg's history was not an eventful one. Lots changed hands, the ruins fell into deeper decay, the owners either moved away or struggled along, selling anything in the ruins that might enhance their income. With the prospects of the Cape Breton Railway establishing a line through Old Town, many of the owners were only too happy to get ready cash for their almost sterile soil. Although the railway took over about sixty nine acres of the Fortress lands, the plans for a branch to Old Town did not survive and the railroad never reached there. Financial interests could not have been convinced that a branch in such a place would have been profitable or of much utility.

THE STATE OF OLD TOWN

There were various brief comments by writers on this historic spot; none was very optimistic and most were very general, finding little to record about the once great fortress.

Charles G.D. Roberts in 1891 wrote of Louisbourg as being used in summer "as a coaling station". Commenting on the Fortress remains, he said, "Of the proud city itself there is left not one stone upon another, but the mighty lines of the earthworks yet remain with the grand slope of the glacis, and the enduring arches of the casemates and magazines". [252]

The noted historian, Francis Parkman, who visited Louisbourg in the late 1800's, noted the small habitation and the pastoral nature of the site. After commenting on a "few grazing sheep ... and the rows of stone that mark more or less distinctly the lines of what once were streets", he continued:

... Beyond lies a hamlet of fishermen by the edge of the water, and a few scattered dwellings dot the rough hills, bristled with stunted firs, that gird the quiet basin; while close at hand, within the precinct of the vanished fortress, stand two small farmhouses. All else is a solitude of ocean, rock, marsh and forest. [253]

Parkman's reference to the two farm houses within the walls gives a good indication that few of the landowners could have inhabited their land in the Old Town.

A rather poetic depiction of the desolation and disuse that had befallen the once famous capital was given by Samuel Drake in 1891.

Perhaps the one striking thought about this place is its utter futility. Man having no further use of it, nature quietly reclaims it for her own again. Sheep now walk the ramparts instead of sentinels ...

All that one sees to-day, in room of it, is a poor fishing hamlet straggling along the edge of the harbour, the dwellings being on one side and the fish-houses and stages on the other side of the Sydney road, which suddenly contracts into a lane, and then comes to an end, along with the village itself, in a fisherman's backyard. [254]

John Milne Gow in his history of Cape Breton described the desolate Fortress ruins, referring to the remaining seven casemates, the mounds, outlines of works, "depressions marking the position of some old cellar", and the "few solitary sheep nibbling their scanty subsistance from the deserted soil". He spoke of the "remains of the hospital and the nunnery" as being "distinguishable among the surrounding ruins". His account would indicate more houses than that number mentioned by Parkman, for he says:

The site of ancient Louisbourg contains not above a dozen houses, inhabited by fishermen and farmers. "Farming is in this spot an extremely rudimentary and primitive business ..."

There is not only an air of ruin and dilapidation about the site of ancient Louisbourg, but the modern environments of the place are expressive for the most part of neglect and decay. The people being for the most part fishermen, they naturally do not take an absorbing interest in farming; and even if they did, the rugged tract of ground which the old town has left behind it is not of an inspiring or thrifty character ...

The homliest and most rustic of "worn" fences now encloses the space that once was defended by the brave ramparts of Louisbourg ...

There in one of the houses you are shewn an old French cupboard that has been saved somehow ever since the old time ...

A fishing stage in but indifferent keeping, charged with reminiscences of old father ocean, a sense of general neglect and decay upon everything are depressing to one ... [255]

One of the inhabitants who seems to have remained in Old Town almost all of his life was, of course, Patrick Kennedy, a fisherman. Land he obtained by grant in Old Town bordered on the remains of the King's Bastion. Reference is made to Mr. Kennedy in the report of the Society of Colonial Wars on the erection of the Louisbourg Memorial in 1895. -- "The line of March was taken from the Dauphin's Bastion, where the site for the monument was presented by Mr. Patrick Kennedy." [256] Examination of the location of the monument confirms the report that the monument was placed on land formerly in the possession of Patrick Kennedy.

A map of Louisbourg Harbour, surveyed by Commander J.E. Richards, R.N., of H.M. Surveying Ship "Rambler", and dated 1896, shows that a new settlement had sprung up on the north and north-east harbor land. (In actual fact this settlement was incorporated as a town in 1902). A railway connected the town with Sydney. At the Old Town the number of buildings had decreased to about fifteen, with most of the site acting as cultivated or pasture land. [257]

Samuel Edward Dawson in 1897 described the once famous site as occupied only by a few fishermen, a few fishermen's huts, and the ruins of the old fortress city. [258]

In the same vein, Margaret Morley commented around 1900, "All that now remains of the once proud French capital are a few grass-covered mounds. A little fishing village occupies its site, and Louisbourg is but a name and a memory of the past. [259] This description is repeated by A.G. Bradley who, in referring to the "deserted, unvisited, surfbeaten shore" of Old Town, saw fit only to mention the "collection of fishermen's huts by the shore" [260]

Fortunately, there is more detailed information available for this era. As previously mentioned, the Cape Breton Railway Company had decided to make Old Town Louisbourg their most extreme terminal point. With this purpose in mind, the company set out to acquire those lands in the Fortress needed for their purposes. As no grants had been issued, except for some to the Kennedy's, most of the occupants held their land only by right of possession. (However, the 1850 Nova Scotia Act, if it applied to Louisbourg, would seem to have given possessors of licences more permanent rights). Not only did the company receive a Crown grant of the desired land, but it bought up any claims or rights the occupant had to the land. As a result of this attention to Louisbourg, writers began to argue about the legality of the land transactions, claiming that the Imperial Government still had actual rights to the lands. Maps were drawn by local surveyors showing the division of land before and after its purchase by the railway in 1899 and 1902.

Two maps, [261] as done by Kenneth McIntosh, Deputy Surveyor, before the railway company acquired land at Louisbourg, probably in the late 1890's, shows the division of property and buildings upon them. About ten buildings are indicated. Two of the buildings are on Michael and Pierce Pope's land; one building on Richard Power's land, as well as Patrick Kennedy's, James Kennedy's, James O'Leary's, Philip Price's, James Kelly's, Lawrence Price's, and possibly William Power's land.

An article in the September 1901 issue of the Canadian Magazine refers to Patrick Kennedy and a reference to his ownership of land at the entrance [or West Gate] of the Old Town is substantiated by the previously mentioned map as well as land documents. Note the reference to the fortress remains:

The old Town sleeps on, with its store of buried memories ... At the entrance to the old town we are met by Mr. Kennedy [Patrick], owner of the ground, who has long found both delight and profit in showing visitors over the site ... Mr. Kennedy has with loving care sought out and identified the site of every building mentioned in the plans, but save for some bomb-proof casemates, nothing besides remains. [262]

The actions of the Cape Breton Railway at old Town led to Senator Pascal Poirier becoming extremely interested in the situation at the Fortress site. He wrote several articles on Louisbourg, commencing on the eight or nine inhabitants, especially Patrick Kennedy; their rights to sell the property to the railway; the Imperial claims; and the destruction of the fortress remains through the sale of the brick by occupants.

Apparently, the inhabitants of Old Town and New Town dug up piles of brick and stone at the Fortress site whenever they required materials for buildings. This supply of brick proved very valuable when cellars or chimneys were being built. In 1902 Senator Poirier commented on this and other situations at Louisbourg in the following words:

I found that during the course of the years, the owners had been able to find among the foundations and the debris about ten thousand of the old brick, which they sold for eight or nine dollars a thousand; and that is about the end of that unique battlefield ... The piece of land where the old fortifications stood is occupied by squatters numbering 6 or 7 persons and have been there for periods up to 30 years and even longer ... doubt exists today as to who are the legal owners or possessors of the site of old Louisbourg. In 1882, the Imperial Government vested in the Dominion Government the old and more recent military properties in Nova Scotia. It was never handed the Nova Scotia Government, so that the title of Louisbourg must still be with the Imperial authorities, as Louisbourg was not included in the sites handed over to the Dominion Government. The Nova Scotia Government makes some claim to it by virtue of the law of prescription, but while occupation would give a good title to squatters or old occupants, I fail to see how the Halifax authorities can fail to step in.[263]

In a paper read before the Royal Society of Canada, [264] in the same year, Poirier expressed his opinions as to legal claims, the state of the ruins, and the proposed railway at Old Town. He was somewhat annoyed that the proposed railway, though possessing a Canadian charter, was financed predominantly by American capital. Of the company's attempt to acquire land, he said:

Les papiers passés entre la compagnie du chemin de fer et certains des neuf occupants du site de Louisbourg sont apparement reguliers, et les titres valables: la prescription s'établissant contre le gouvernement anglais; dans la arrêté du Conseil daté du 18 août 1882, transfera au gouverneur-général du Canada les terres d'ordonnance et les propriétés militaires impériales de la Nouvelle-Ecosse, entre autres les vieux forts de Louisbourg, de Windsor et d'Annapolis, l'ancient Port Royal des Français.

Mais il n'y eut jamais de translation la vieux Louisbourg, ni en faveur du gouvernement fédéral, ni encour mons en faveur de celui de la Nouvelle-Ecosse. Il est encore aujourd'hui une propriété impériale.

Il nous est donc encore possible de rentrer en possession de Louisbourg; car la Cape Breton Railway Co. n'a pas ratifié tous les termes de son option avec les occupants du site; il s'est contenté du terrain longeant le rivage, dont il fera le terminus extrême de son chemin de fer.

L'intérieur des fortifications les bastions, les casemates, la pointe Rochefort, le Cap Noir, les glacis, les fossés, le cimetière, restent encore intacts: le tiers de tout le terrain revelant des squatters demeurant toujours la propriété du gouvernement impérial.

... Les huit ou neuf occupants de Louisbourg avaient consenti de céder à la compagnie du chemin de fer, le Cap-Breton, moyennant une compensation raissonable, ce qu'ils ont acquis de terrain, par droit d'occupation et de prescription dans l'enceinte de la citadelle. Ils le céderaient, sans doute, aussi volontiers au gouvernement qui voudraient négocier avec eux. D'un autre côté, nous n'aurions qu'à demander au gouvernement impérial à se dessaisis du vieux site, pour qu'ils le fit aussitôt.

... comme le capitaine Patrick Kennedy, propriétaire par droit de prescription du bastion du Roi et d'une assez forte étendu de terrain adjoignant, est lui-même, à ses heures, d'une casuistique accomodante, il en est résulté que les briques et les pierres de taille de l'ancienne chapelle du gouverneur ont pris le chemin de Halifax et du Nouveau Louisbourg, et que le prix honnête de ces matériaux enleves au cults orthodoxe, est tombé dans l'escarielle de l'heureux propriétaire intra muros.

... En pratiquant une de ces fouilles, où ni l'archéologie, ni la numismatique n'ont rien à voir, l'un des neuf propriétaires du fort a découvert, tout récemment, un passage souterrain, apparement inachevé, creusé en-dessous du bastion de la Reine, et débouchant en dehors des murs, du côté de la mer.

The Cape Breton Railway, in spite of Mr. Poirier's disapproval, gained control of about sixty-three acres of Old Town through a Crown Grant from the Province and the purchase of any claims or interests that occupants of Old Town might have.

LAND TRANSACTIONS

An examination of the land transactions of this period reveals the deeds of the Cape Breton Railway and its Crown Grant. These are the most prominent of the documents. Maps by Kenneth McIntosh, Deputy Surveyor, give an indication of the land acquired by the railway.

On 28 May 1892 Patrick O'Toole, merchant of Louisbourg, sold to James T. Kelly [son of Mary (Power) Kelly], fisherman, that lot in "Old Town of Louisbourg, being one half of a nine acre lot, the same was deeded to the said Patrick O'Toole by the late Mathew Cryer in A.D. 1886 ..." [265]

Pierce Pope, fisherman, of Louisbourg, on 9 August 1894, sold to Michael Pope Senior, fisherman, a lot of land: [266] 

in the old Town of Louisbourg being one third of a lot of land deeded to the said Pierce Pope, Michael Pope Junr. and James Pope by the late Dennis Kennedy in A.D. 1882 and described as follows: Beginning at high Water mark on the south shore of Louisbourg Harbor at the West Gate or entrance into the said Old Town, thence running south fourteen degrees west twenty seven chains and fifty links, thence south forty seven degrees east ten chains and seventy links, thence north twenty five degrees east five chains, thence north forty three degrees west two chains and fifty nine links, thence north sixteen degrees east one chain and fifty links thence north fifty one degrees west two chains and fifty six links, thence north six degrees east three chains and twenty seven links thence south seventy six degrees east nine chains and seventy six links, thence south forty degrees east two chains, thence North sixty degrees east seven chains, thence North eighty three degrees east fourteen chains, thence North Nine degrees east four chains to a stake on the said shore and thence westerly by the said shore at High water Mark to place of beginning ...

On 30 November 1895, James T. Kelly bought another lot of land. This lot, which he bought from his mother, Mary (Power) Kelly, widow of John Kelly, consisted of that land:

Commencing on the northern side of a lot of land owned by William Power running sough east to a pond about 8 chains; thence along said pond about 6 chains; thence running about one chain north by east to the harbour; thence along said harbour about 15 chains to the place of commencement, containing 4 acres more or less, said lot of land was recorded in the Registry of Deeds Office at Sydney on 20 September 1856. [267]

It is interesting to note a five year lease by Patrick Kennedy to R.H. Leonard & Co. of Sydney, fish dealers, on 27 April 1896 [perhaps for the purpose of fish flakes or racks] of a lot of land:

in the Old Town of Louisbourg, beginning at a point on the eastern side of a proposed new road to the Louisbourg Monument, so called, distant One hundred and forty feet from the intersection of the said proposed new road with the main road along the Harbor front, thence at Angles Easterly seventy feet, thence at right angles southerly Seventy feet, thence at right angles westerly seventy feet to the Eastern side of the said proposed new road and thence Northerly by the said Eastern side of said proposed road seventy feet to the place of beginning ...[268]

Equally interesting is a mortgage taken out on 8 August 1899 by Patrick Kennedy with the Yarmouth Building and Loan Society, of which he owned two shares; Patrick, though usually described as a fisherman, is here described as a "farmer". The mortgage was released in 1902 when Patrick repaid the sum of $200.00 with interest.[269] The descriptions of the lots are very complete and define boundaries quite well. The first of the two lots consisted of:

All that piece ... of land ... in the old town of Louisbourg and adjoining the east line of Richard Power's lot ... Beginning at a front on the south side of Water Street or Main Road at the north east corner of said Richard Power's lot, thence north 62 degrees east through a bogg of swamp 6 chains 50 links to a corner post, thence north 28 degrees east 4 chains -- seventy five links to a corner post on the southern line of Philip Price's land, thence north fifty one degrees west two chains and fifty three links to a corner post in southern line of Philip Price's land, thence north fifty one degrees west two chains and fifty three links to a corner post thence north seven degrees east along the western line of Philip Price and John O'Leary's land three chains and thirty links to a corner post, thence north sixty three degrees east along the line of bough [sic] proofs, two chains eight links to a corner post, thence north sixteen degrees east along the western line of Caroline Kennedy's land three chains and seventy links to a corner post, thence north 13 degrees east 4 chains 12 links to the east post of gate and thence north 36 degrees west along the southern side of street aforesaid to place of beginning, containing about nine acres more or less exclusive of road leading through gate from main road to monument. Also that certain other lot ... of land ... in the east side of King Street in the Old Town of Louisbourg ... Beginning at a post on the east side of said street at the southwest corner boundary of Caroline Kennedy's land, thence south seventy degrees east ten chains and thirty links to a corner post thence south forty degrees east six chains and sixty five links to a corner post, thence south fifty six degrees east thirteen chains and sixty links to corner post, thence south fifty two degrees east along the edge of the bank of the shore four chains ninety links to corner post thence north thirty nine degrees west eighteen chains and eighty five links along the north east line of Susan McLean's [Mehan, Meehan] land to corner post, thence north seventy six degrees west two chains and thirty-five links to corner post on east side of King Street aforesaid thence following same north thirteen degrees east one chain and twenty links to place of beginning ... [270]

The will of Ann Kennedy, dated 19 June 1987, devised to her sister, Caroline Kennedy, all her property, real and personal, subject to all just debts, however. Ann desired Caroline to deed to her nephews, Dennis Kennedy, Pierce Kennedy and Michael Pope Jr., small pieces of land as were agreed upon by her sister and her. [271]

On 26 September 1899, Patrick Kennedy, "farmer", received a grant for which he had applied, from the Crown Grant Department. His claim to the lands rested on his possession of the property for more than twenty years. [272] The two lots of land, containing together eleven and three quarter acres, were bounded as follows:

The lot marked "A" on the annexed plan Begins at a post standing on the south side of water street or main road at the north east angle of Richard Power's fence twenty chains; thence running south twenty eight degrees west by Power's fence twenty chains; thence north twenty degrees east one chain and sixty two links; thence north seven degrees east three chains and thirty links; thence north sixty three degrees east two chains and eight links; thence north sixteen degrees east three chains and seventy links; thence north sixteen degrees, east three chains and seventy links; thence north 13 degrees east four chains & twelve links to the east post of the gate; thence north thirty six degrees west; by said road one chain and forty links to the place of beginning. The lot marked "B" on said plan begins at a post standing on the east side of King Street at the south west angle of lands of Caroline Kennedy; thence running south seventy degrees east two chains and sixty five links; thence south fifty six degrees east six chains and sixty five links; thence south fifty six degrees east thirteen chains and sixty links; thence south fifty two degrees west four chains and ninety links; thence north thirty nine degrees west eighteen chains and eighty five links; thence north seventy six degrees west two chains and thirty five links to said King Street, thence north thirteen degrees east one chain and twenty links to the place of beginning; the above described lots are in the Old Town of Louisbourg ... [273]

From the above description it is clear that this property was part of the lot sold at Sheriff's sale to Patrick Collins in 1875 under a judgment he recovered against George Kennedy (Patrick's brother). Collins later deeded the property to Dennis Kennedy (1881) and the latter deeded an undivided one-fourth interest to Pierce Pope etal (1882). By his will Dennis left all his real estate to his four children. The fact that George Kennedy did not own this property in the first place, having received no legal grant, and thus having no legal estate in it when the judgment was obtained against him, probably made the conveyances of Collins and Dennis Kennedy of little value. Furthermore, it seems as if neither Dennis Kennedy nor any of his family ever claimed any interest, right or title in the property in question, probably because Patrick had improved, cultivated and occupied it for years. "The various members of the Kennedy family had by mutual understanding apportioned amongst themselves all the lands of the original Kennedy property and fenced them off", with Patrick Kennedy apparently taking the property described in the Crown Grant. Under these circumstances, and as no grant or lease had ever been issued to cover the property [nothing but the licences of 1795 and 1861] the Crown Land Department issued to Patrick Kennedy the grant for which he had applied. [274]

The year 1901 saw James Kennedy, labourer, convey to his mother Henrietta Kennedy [widow of Dennis], on 6 May, that lot of land at Louisbourg:

... at the Old Town, bounded northwardly by the main road, Easterly by the main road, southerly by land in the possession of Patrick Kennedy, westerly by land of Caroline Kennedy.

Also that lot, piece or parcel of land bounded southerly by the main road, Easterly by Michael Pope's land, westerly by John Lorway's land, northerly by the waters of Louisbourg Harbour ---

Also that lot ... of land bounded southerly by the main road, Easterly by Michael Pope's land, westerly by John Lorway's land, northerly by the waters of Louisbourg Harbour ---

Also that lot ... of land bounded southerly by Michael Pope's land, westerly by the main road, northerly by lands of Wm. Power, easterly by the waters of Louisbourg Harbour.

Also that lot ... of land bounded Easterly by James Kelleys land, westerly by Caroline Kennedy's land, Southerly by the Main road, and northerly by the waters of Louisbourg Harbour ---

Also all the land wherever situated in the District or Town of Louisbourg belonging to the Estate of the late Dennis Kennedy --- the lot known as the Wheeler lot, or any other property belonging to me is hereby deeded and conveyed to my mother, the said Henrietta Kennedy ... [275]

Later, on 7 October of the same year, 1901, Henrietta Kennedy sold to D.S. Hooper of Louisburg, merchant, a lot of land:

... in the District of Louisbourg ... Commencing at the junction of the Main Street in the Old Town of Louisburg with the street known as King Street, thence running southerly along King Street, thence northerly parallel with King Street fifty feet to the Main Street and thence easterly along the Main Street forty feet to the place of beginning, containing two thousand square feet by calculation. The above being the property of Dennis Kennedy deceased and by him willed to James Kennedy (and his brother and sister who are both deceased) and by the said James Kennedy deeded to Henrietta Kennedy ...[276]

On 28 December 1900, [recorded 7 December 1901 in Will Book I, p. 35] the will of John Lorway, possessor of a lot in Old Town and one just outside the demolished walls, appointed "Louise M. Lorway, Charles Lorway and Hugh Ross, Executors of his estate with power to make division of the same".[277]

The year 1901 also saw many land options purchased by one R.W. Leonard, Civil Engineer, and resident of Hawksbury, Inverness County. He took out thirteen options on land in Old Town. Apparently he never took advantage of the options to buy the lots [probably because of the high prices the inhabitants were asking for their lots], for no deeds of sale were ever recorded. He may have considered buying up the land in Old Town quite cheaply and then selling it an profitable prices to the Cape Breton Railway Company which was planning to build a line there. The inhabitants, however, seen to have retained their interests, selling them personally to the railway company in 1902. The options are valuable as they provide further revealing land descriptions and occasional references to buildings on the lots.

On 03 September 1901, Leonard purchased a four month option on land at Old Town owned by Michael Pope and his wife. The sum they were asking for their lot was $3,400. The lots in question were those properties:

Commencing at the south east corner of King Street and the southern boundary of Mrs. Henrietta Kennedy's land, thence running in a southerly and easterly direction to burying ground point or the sea shore, thence in a westerly direction to land of Caroline Kennedy, then in a northerly and westerly direction along Caroline Kennedy's land to King Street, thence northerly along King Street to the place of commencement.

Also the land between the main road and the shore of Louisbourg Harbor, being sixty-six feet in width between the land of Mrs. H. Kennedy and Patrick Kennedy, together with the land covered by water in front of shore properties. The above description to cover all the land and shore frontage east of King Street, owned by undersigned [Michael Pope and wife Johanne (Kennedy)].[278]

On the fourth day of September 1901, the same R.W. Leonard took out a similar four month option on property owned by James T. Kelly and Mary Annie Kelly, his wife. The selling price of the property was to be $3,500. The land in old Town was that:

... Beginning on the north west corner of William Power's land on the shore of Louisbourg Harbour, thence along the shore of said Harbor at high water mark in an easterly direction to the lands of James Kennedy and others, thence southerly following the dividing line between the lands of the said Kennedy property, thence following the said line between the lands of William Power and the lands of the said James T. Kelly in an easterly and westerly direction to the place of commencement and being the whole of the property of the said J.T. Kelly at the place herein referred to, and on the shore of said harbor ...[279]

On the same date, 4 September 1901, R.W. Leonard obtained an option on property owned by William Power and his wife Jessie, of Louisbourg. The selling price of the land was to be $2,800. The lot was at Old Town:

... Bounded on the north by the shore of Louisburg Harbor at high water mark, on the east by lands of Mrs. Dennes [sic] Kennedy, on the south by lands of said Mrs. Kennedy, on the west by King St., so called, and also bounded partly on the north by the lands of James T. Kelly, and being the whole of the lands of the said William Power at Louisburg aforesaid. [280]

A similar option was taken out by R.W. Leonard on 3 October 1901 for land owned by Patrick, Henrietta, Caroline and James Kennedy of Louisburg. The actual settling price was fixed at $9,900. The land in question was that:

... Commencing at the south east corner of land bounded by James Kelly to the above named R.W. Leonard, thence running along the shores of Louisburg Harbor to the Burying Ground Pant, thence in a southerly and westerly direction along the shores of the Atlantic to the lands of Mrs. Mihan; thence northerly and westerly along Mrs. Mihan's boundary to King Street, and thence along King Street to the Main or Shore road, thence following Power and Kelly boundary to the place of beginning (reserving the land owned and occupied by Michael Pope).

Also the lots owned by us [Patrick, Caroline, Henrietta, and James Kennedy] between the Main or Water Street and Louisburg Harbor about four and one half chains frontage, together with the land covered by water in front of the shore properties. The above description being the whole of this [sic] properties east of King Street and between the main road and the harbor of Louisburg ...[281]

An option by Elizabeth Price and her son Lawrence of Louisburg to R.W. Leonard on 4 October 1901 is interesting as reference was made to their dwelling near King Street which they wished to reserve from the option. The selling price of the land was set at $3,500. The lot concerned was that "Bounded westerly by King Street, easterly by the waters of Church Cove [see McIntosh map] at high water mark together with the land covered by water in said Church Cove containing about eight acres, Reserving one lot of 50 feet frontage on King Street located so as to include the dwelling at present occupied by said Elizabeth and Laurence Price and being back one hundred feet in an easterly direction and measuring fifty feet in the rear". [282]

A rather interesting story concerning Mrs. Price was found in a newspaper clipping of a nearby paper, when the Governor-General made a visit there [Old Town] around the turn of the century. The clipping dated 7 August, Monday afternoon, Louisbourg, Old Town, reads:

As His Highness [the Governor-General] was passing he noticed an aged lady sitting in a doorway. He inquired of the Warden, the age of the lady and he told him she was nearing the century mark. Upon hearing this, His Royal Highness opened the gate and going to the door heartily shook hands with the old lady who was Mrs. Price, and her daughter-in-law. He also shook the hand of a bright little boy, nephew [?] of Mrs. Price. The old Lady was perfectly delighted and is now one of the happiest old ladies in Old Town. [283]

Henrietta and James Kennedy, on 4 October 1901, gave another option to R.W. Leonard for lands in Old Town. The option gave Leonard, "or any person or corporation" he might suggest, the sole right to buy within four months the designated land for $2,300. The lot at Louisbourg was that:

Beginning at the north east corner of land bounded by Caroline Kennedy thence running southerly along Caroline Kennedy's land two hundred and eighty feet more or less to lands of Mrs. Mihan thence easterly two hundred and eighty feet to King Street, thence northerly along King Street two hundred and eighty feet more or less to the shore street, and thence westerly along said shore street two hundred and eighty feet to place of beginning (Reserving a lot 40 feet on Water Street and 50 feet on King Street) together with dwelling house and buildings ... [285]

Reference to buildings was made in the 25 October 1901 option by R.W. Leonard for land belonging to Philip Price of Louisburg. The selling price of the said land was fixed at $2,500. The land optioned was "All that certain lot ... at Louisburg ... Bounded Southerly and Easterly by King Street and a road leading to monument, northerly and westerly by land of James O'Leary and Patrick Kennedy, excepting buildings on property, containing two and one half acres, more or less. [286]

The option acquired by Mr. Leonard on 7 October 1901 for lands of George Kehoe and Mary Kehoe of Louisbourg set the eventual sale price of the lot at $5,000. The property concerned was that at Old Town "Bounded westerly by lands of Capt. John Lorway, easterly by lands of Elizabeth Price, southerly by Church Cove, and northerly by King Street, containing fifteen acres more or less, together with the land covered by water in Church Cove". [287]

Mention of buildings on a lot belonging to Patrick Kennedy and for which an option was obtained by R.W. Leonard on 10 October 1901 is worthy of notice. The property in question, the sale price of which was set at $3,300, was that lot in Louisbourg marked "A" on a "grant from the Crown to the said Patrick Kennedy dated 26th September A.D. 1899 and containing 7.35 acres ... said grant being recorded on Grant Book F, page 9, Registry of Deeds Office, Sydney, reserving a 20 foot road known as Monument Road, also 2 lots to contain 8,000 square feet in the neighbourhood of monument, and the buildings on property. The lots to be taken so as not to interfere with the necessary works of the Cape Breton Railway Company or assigns".[288]

A two month option was obtained by the said Leonard on 7 November 1901 for land at Louisbourg belonging to Philip and Laurence Price of the same place, the sale price of which was fixed at $1,200. The property consisted of "All that lot of land bounded easterly by William Power's land, southerly by the Main Road, westerly by James Kelly or heirs of Cryers land, northerly by High Water mark in Louisbourg Harbour, together with all our [Prices'] claim to land covered by water and one hundred feet more or less in depth, and having a fishing wharf and fish house [etc] ..." [289]

Another two month option taken out by Leonard on 7 November 1901 was for James T. Kelly's property, which the latter had valued at $5,000. The lot in Old Louisbourg was:

Bounded easterly and northerly by lands of Philip Price and George Keho, southerly and westerly by Slattery's grant and the Kennedy property, being the same property marked James Kelly on plan of the Old Town properties, made by Kennedy McIntosh October 1901, and containing 9.2 acres.

And the lot bounded easterly by the wharf property of Laurence Price, southerly by the Main Road, westerly by Kennedy's land and northerly by high water mark in Louisburg Harbour, being about one chain in width and one hundred feet more or less in depth, together with all claims to land covered by water in front of said lot ... [290]

All interests in a lot that seems to have been just outside the walls were optioned to R.W. Leonard by Michael Pope, Senior, Patrick Kennedy, Henrietta Kennedy, Caroline Kennedy, and James Kennedy of Louisburg. The sale price on the lot was set at $800. The property was apparently a lot located on a plan of the old town properties by Kennedy McIntosh in October 1901:

Bounded northerly and easterly by Patrick Kennedy's Grant and James Kelly, southerly and westerly by lands of Michael Slattery and land shown on plan as belonging to Caroline Kennedy, now Capt. Jno. Lorway, said plan showing said land to be 5.2 acres being the whole of that property given by license letters to Patrick Kennedy & others and being so marked on said ... plan.[291]

There remains the possibility that Leonard was obtaining options on these lands for the Cape Breton Railway, insuring them of first chances to purchase the lands they desired at Old Town. Anyway, Leonard did not purchase any of the lands for which he had two and four month options. It was the Cape Breton Railway that purchased the lands in 1902.

On 3 February 1902 the Cape Breton Railway Company purchased all interests, titles or rights from those inhabitants who seemed entitled to such claims with respect to the properties desired by the railway. The inhabitants with such claims were Patrick Kennedy, Yeoman; James Kennedy, Yeoman; Henrietta Kennedy (widow of Dennis Kennedy); Caroline Kennedy, spinster; Pierce Kennedy, Yeoman; Michael Pope Sr., Yeoman; Johanna, his wife; Michael Pope Jr., Yeoman; James Pope, Yeoman; William Power, Yeoman; and Jessie, his wife; James T. Kelly, Yeoman; and Mary Ann, his wife; Mary Kelly (widow); Elizabeth Price (widow); Lawrence Price, Yeoman; Philip Price, Yeoman; and Mary Pope, wife of Pierce Pope. Each conveyed his or her lot to the railway company. The lots were all "in the Old Town of Louisburg" bounded and described as follows:

1st Lot: Beginning at a point on the eastern side line of King Street so called at the corner formed by the intersection of the boundary line between lands in the possession of the said Caroline Kennedy thence running south seventy-five degrees east two chains and thirty links, thence south forty degrees east six chains and sixty-five links, thence south fifty-six degrees east thirteen chains and sixty links to the shore, thence by the shore in a southerly direction until it meets the boundary line of lands in the possession of Mrs. Robert McKeen, thence running north thirty nine degrees west eighteen chains and eighty-five links to King Street ...; thence north twelve degrees and thirty minutes east one chain and twenty links to the place of beginning, which said lot is marked "lot number 1" in the plan hereunto annexed [no such plan annexed], and was immediately previous to this deed claimed by the said Patrick Kennedy.

2nd Lot: Beginning at a point on the eastern side line of King Street at the same point of beginning mentioned in the last description above, thence running south seventy-five degrees east two chains and thirty links, thence south forty six degrees east six chains and sixty-five links, thence south fifty six degrees east thirteen chains and sixty links to the shore, thence following the windings of the shore in an easterly direction until it meets the eastern boundary line of lands claimed by Michael Pope et al, or the extension of said line, thence north six degrees east until it meets the southern boundary line of said land claimed by Michael Pope, thence north sixty six degrees west twenty-one chains thence north sixty-six degrees west twenty-one chains and seventy links, thence north forty degrees west six chains and sixty four links thence north sixty-two degrees west two chains and forty-six links to King Street, aforesaid, thence south twelve degrees and thirty minutes west one chain and twenty links to the place of beginning, the said lot being marked "Lot number 2" in the said plan and immediately previous to this deed claimed by the said Caroline Kennedy.

3rd Lot: Beginning at a point on the eastern side line of King Street aforesaid at the end of the second course of the last description above, thence running south sixty-two degrees east two chains and forty-six links, thence south forty degrees east six chains and sixty-four links thence south sixty-six degrees east twenty-one chains and seventy links thence north six degrees east four chains and fifty links, thence north seventy-nine degrees west twenty chains and sixty five links, thence north forty degrees west six chains and fifty-four links, thence north fifty-five degrees west two chains and forty-two links to the said side line of King Street aforesaid, thence south twelve degrees and thirty minutes west by the said line of King Street to the place of beginning said lot being marked "Lot Number S" on the said plan, and immediately previous to his deed claimed by Michael Pope, Senior, Michael Pope, Junior, and James Pope.

4th Lot: Beginning at a point on the eastern side line of King Street aforesaid at the end of the second last course in the last description above, thence running south fifty-five degrees east two chains and forty-two links, thence south forty degrees east six chains and fifty-four links, thence south seventy-nine degrees east twenty chains and sixty-five links thence north six degrees east five chains and sixty links to the shore, thence along the shore at high water mark in a westerly direction until it strikes the eastern boundary line on the shore of land claimed by one James T. Kelly, thence on a southerly direction by said James T. Kelly's said line until it strikes the waters of a pond, thence following the windings of said pond in an easterly, southerly, northerly, westerly, southerly and westerly direction until it strikes the eastern boundary line of lands claimed by one William Power, thence south fifty-five degrees west three chains and eighty-four links, thence north forty degrees west six chains and nineteen links, thence north forty-three degrees west three chains and fourteen links to the said side line of King Street, thence south twelve degrees thirty minutes west by said King Street one chain and forty links to the place of beginning, said lot being marked "lot number 4" on the said plan and at present claimed by the said Henrietta Kennedy and the said James Kennedy.

5th Lot: Beginning at the point where the second last course in the last description above ends, thence running south forty-three degrees east three chains and fourteen links, thence south forty degrees east six chains and nineteen links thence north fifty-five degrees east three chains and eighty-four links to the shore of a pond, thence following the winding of said pond in a westerly, northerly and easterly direction to the southern boundary line of lands now claimed by one James T. Kelly, thence north sixty-five degrees west nine chains to the shore of the harbor, thence following the shore in a westerly direction to a point distant one chain and forty links in a course north nine degrees east from the said place of beginning, and thence south nine degrees west one chain and forty links to the place of beginning, the said lot being marked "Lot number 5" in the said plan, and immediately, to this deed claimed by the said William Power.

6th Lot: Beginning at a point on the shore of a pond adjoining lot number 4 and lot number 5 above mentioned where the northern boundary line of said lot number 5 meets the shore of said pond, thence running north sixty five degrees, west nine chains to the shore of the harbor thence running along the shore of said harbor in an easterly direction until it meets the western boundary line of said lot Number 4 on the shore of said harbor, thence running south two chains and forty links to the shore of said pond, thence in a westerly, southerly, westerly, southerly, easterly and southerly direction by the shores of said pond to the place of beginning, the said lot being marked "Lot Number 6" on the said plan, and immediately previous to this deed claimed by James T. Kelly.

7th Lot: All the land and land covered by water comprising the two ponds immediately adjoining lots Nos. 4, 5 and 6 above mentioned and marked "lot number 7" on the said plan and immediately previous to this deed claimed by James T. Kelly, William Power, James and Henrietta Kennedy.

8th Lot: Beginning at a point on the western side line of King St. set aforesaid where the northern side line of land in the occupation of Mrs. Robert McKeen meets the said side line of King Street, thence running north seventy-eight degrees west four chains and twenty-eight links, thence north twelve degrees east four chains and twenty-eight links, thence north twelve degrees east four chains and twenty-nine links to the main road, thence along the said main road easterly to the western side line of King Street, aforesaid, thence by said side line of King Street south twelve degrees and thirty minutes west to the place of beginning, the said lot being marked "Lot number 8" on the said plan, and immediately previous to this deed claimed by the said Henrietta Kennedy and James Kennedy.

9th Lot: Beginning at a point where the first course of the said lot number 8 ends, thence running north thirty-six and one quarter degrees west fifty links, thence north seventy eight degrees west four chains and five links, thence south thirteen degrees east four chains and twenty-five links to the main road. Thence easterly along said main road to the western boundary line of said lot number 8, thence south twelve degrees west four chains and twenty-nine links to the place of beginning, the said lot being marked "Lot number 9" on the said plan, and immediately previous to this deed claimed by said Caroline Kennedy.

10th Lot: All that tract or piece of land known as the Old French Burying Ground Point, being bounded on the east, south and north by the waters of the harbour and ocean, and on the west by lots Nos. 2, 3 and 4, above mentioned, the said lot being marked "Lot number 10" on the said plan. Also all those certain lots or pieces of land situate lying and being between the main road and the shore of the Harbor in the front of the lots herein above described and further described as follows: - and being the whole and every part of all the land and land covered by water lying and being between the Main Road and high water mark and being immediately in front of lots 5, 8 and 9 on said plan and in front of the Patrick Kennedy Grant and marked lot "A" on the said plan. All that lot of land bounded easterly by William Power's land, southerly by the main road, westerly by James Kelly's land or by the land of the heirs of one Cryer, northwardly by high water mark on Louisburg Harbor; this said lot being about one chain in width and one hundred feet, more or less in depth and having on it a fish house and fishing wharf, etc., the said lot being immediately previous to this deed claimed by the said Elizabeth Price, Laurence Price and Philip Price. Also all those certain lots, pieces or parcels of land situate between the properties herein above described and the shore at high water mark wherever the said properties front upon or close upon the shore at any point in the said Harbour of Lbg. and at both ends and at any side of the said properties. And also all the interest rights, property, claim and demand of the said parties of the first part and every of them, in, to, or out of all and every the water lot or lots of land covered with opposite in front of all and every of the said lots herein above described wherever and said lots come to or near the shore or harbor; and the buildings, hereditaments ...[etc.]. [292]

On the fourth day of February, 1902, the Cape Breton Railway Company, "a body corporate, doing business in New York in the state of New York in the U.S.A., at Hawksbury in the County of Inverness in ... Nova Scotia", bought from Patrick Kennedy the rights to certain lots of land formerly indicated as belonging to Mrs. Robert McKeen. Patrick Kennedy had probably made arrangements with Mrs. McKeen to sell her land as, on 6 February, Mrs. McKeen deeded the said property to him; however, both Mr. Kennedy's deed to the railway and McKeen's deed to Kennedy were not officially recorded until 21 February 1901. The following is a description of the lot Kennedy sold to the railroad:

All that certain lot ... in the old Town of Louisbourg. Beginning at a point on the eastern side of King Street (so called) at the intersection of the southern side line of a lot in the occupation of Patrick Kennedy with said side line of King Street thence running south seventy-six degrees east two chains and thirty-five links, thence south thirty-nine degrees east eighteen chains and eighty five links to the shore, thence by the shore in a southerly direction to the boundary line of a lot in the possession of Laurence Price, thence north thirty-eight degrees west sixteen chains and ninety-three links, thence north seventy-three degrees west three chains and forty links to said side of King Street and thence by said street north twelve degrees and thirty minutes east four chains and one link to the place of beginning:

Also all that certain lot ... in the old town of Louisbourg ... Beginning at a point on the western side line of King Street (so called) where the southern boundary line of a lot in the occupation of James and Henrietta Kennedy intersects said side line of King Street, thence by said side line of King Street south twelve degrees and thirty minutes west to the boundary line of a lot in the occupation of James O'Leary, thence running north seventy two degrees west nine chains to the western boundary line of the lot hereby described and the lot of the next adjoining proprietor, thence north sixteen degrees east two chains and seventy links, thence south seventy-eight degrees east four chains and five links, thence thirty-six and one quarter degrees east fifty links, thence south seventy-eight degrees east four chains and twenty-eight links to said western side line of King Street, to the place of beginning, and the buildings ...[etc.]. [293]

The deed from Robert E. McKeen and Mary E. McKeen, dated 21 February, to Patrick Kennedy of Louisbourg for property in Old Town Louisbourg described the lot thus:

Bounded northerly by lands of Patrick Kennedy; easterly and southerly by the waters of Church Cove and lands of Elizabeth Price, westerly by lands of James O'Leary and Patrick Kennedy and containing 8 3/4 acres more or less, being more particularly shown and described on a plan prepared by Mr. McIntosh, C.E., for the Cape Breton Railway Company ... [294]

This lot seems to have been the greater part of that lot "acquired by Dennis Kehoe under Crown Licence dated 13 April 1795, recorded 17 June 1795, in Book E, page 179, comprising 9 1/2 acres. On examination of the property it appears that no buildings were ever erected on it. From careful inquires made the facts seem to be that Dennis Kehoe died intestate many years ago". An 1827 map makes reference to this Keho being deceased and his widow occupying the land. He seems to have "left one child, Susan, who married a man by the name of Meehan [McLean, Mihan]; ... Susan Meehan died intestate leaving only two children (daughers) surviving her; one of these daughters died intestate and unmarried years ago and ... the other daughter, Mary E. Meehan, married one Robert F. McKeen and was living in 1902 in Peabody in the State of Massachusetts." [295] It was this latter daughter who deeded the lot to Patrick Kennedy, who in turn sold it to the Cape Breton Railway Company.

Mary Kelly (widow of John Kelly) "of Old Town, Louisbourg" by a deed dated 6 February 1902, sold unto William Power of "Louisburg (Old Town)", farmer:

All the interest, property, claim and demand of the said Mary Kelly as heir at law of Annie Cryer late wife of William Cryer whose maiden name was Annie Power and being a sister of the Grantor herein, in all and singular the lands willed by the late Richard Power father of the Grantor herein, to his said Margaret Power his daughter and sister of the Grantor and also hereby conveys and transfers as aforesaid to the said William Power all her property and interest in said lands willed as aforesaid as heir-at-law of the said Margaret Power Spinster deceased said lands being more fully described and set forth in the will of the said Richard Power made and dated the 27th day of January A.D. 1880 ... [296]

It is also worthy of notice that Henrietta Kennedy acquired that small lot of land she had sold to D.S. Hooper in 1901. Although the deed was dated 7 February 1902, it was recorded 15 February, six days previous to the recording of the deed by which Henrietta and James Kennedy sold the property that included the lot in question, to the Cape Breton Railway Company. For these stated reasons, the Kennedies' transaction to the railway may have been proper. The lot that Henrietta repurchased in 1902 consisted of that property at the Old Town:

Commencing at the junction of the main Street in the old town of Louisbourg with the street known as King Street, thence running southerly along King Street fifty feet, thence forty feet westerly parallel with the Main Street forty feet to the place of beginning, containing two thousand square feet, by calculation ...[297]

After buying up any claim of inhabitants by right of possession to the lots desired, on the "Old Fortress" grounds, the Company applied for a Crown Grant from the province. The province acknowledged their application and issued them a grant of the desired land on 4 March 1902. The lot, containing sixty acres, was bounded as follows:

Beginning on the shore of the Atlantic Ocean at the South East angle of eleven acres occupied by Laurence Price and others in the District of Louisbourg thence running North thirty eight degrees west sixteen chains and ninety-three links; thence north seventy three degrees west, three chains and ninety links; thence north seventy two degrees west nine chains; thence North Sixteen degrees East two chains and seventy links; thence north thirteen degrees East four chains and twelve links; thence north thirty six degrees west one chain and forty links; thence north thirty Seven degrees East to the southern shore of Louisbourg Harbour; thence Easterly, South Easterly, Southerly and South westerly, by the shore of the said Harbor and the Shore of the Atlantic Ocean, at high water mark, to the place of beginning; reserving thereout the lot marked "A" on the annexed plan, which was granted to Patrick Kennedy on the twenty sixth day of September, A.D. 1899. [298]

Somewhat puzzling is the reservation of the Lot "A" granted to Patrick Kennedy in 1899. This lot was on the east side of King Street next to that lot of Caroline Kennedy. Patrick Kennedy conveyed this lot to the Cape Breton Railway Company in a deed of 3 February 1902; thus, this later dated grant [4 March 1902] should not have made a reservation of land already obtained from the owner.

Old Town Louisbourg had thus passed, to a great extent, into the hands of the Cape Breton Railway Company in 1902. The 1880's and 1890's had seen a few inhabitants' lands made more secure by the issuing of grants, but the number was not great -- only three.