Transcribed by Audrey Henderson, September 2014

Quebec City Archives

Themis Database of Court Records

Following two documents were included in this court case as part of Piece #39071-39073

Valcartier, January 1827 

Mr. Denis Cassin to Mr. Bethel Jr.

To  half Bushel value                   7-6

Pair of Hay Runers (?)                5-0

Hand saw                                   2-6

One ax                                       2-6

One box of nails                       10-0

One tongs                                  1-6  

One lamp                                      9

One ? of stone pipes                  1-6

Iron of ?                                    5-0

One chane of a slay (sleigh?)      2-0

                                             1-18 3

Valcartier, May 1828 

Received from Mr. Denis Cashir (Cassin) 200 Bushels of potatoes at one shilling per Bushel on account of two years rent due to me at twenty one pound a year

In potatoes          42.00

Cash on account 10.00

Balance Due       32.00 

Signed: Mr. Bethel

Transcribed by Audrey Henderson, September 2014

Quebec City Archives

Themis Database of Court Records

September 17. 1829

Piece #39071-39073

Transcription of the Summons:

IN THE KING’S BENCH

No. 473

William Bethel, Plaintiff

Vs.

Dennis Cassen, Defendant

Declaration of a Demande for 84.0.0 cy (currency) in an action

Mr. Denis Cassen

You are served with this Process, to the intent, that you may appear either in person of by attorney in His Majesty’s Court of King’s Bench for the District of Quebec, at the return thereof, being the first day of October next in order to your defence in this action. Dated the 17 day of September, 1829.

  1. Land was occupied by Michael Cassen ??? father and any agreement was with him.
  2. Pltf. Was to have left ??? and receive ??? and pounds rent. ???? were not left. James ??? witness.
  3. Subsequently agreed to leave the land rent free for the 2 years in consideration of improvements.
  4. Agreed to ??? all parties for 200 bushels of potatoes. John Abraham, witness (no.1), George Bethel (no.2)

Denis Cassin ??? Wm. Wolff farm upon ??? before entering upon Bethel’s Land.

M. Cassin ??? of Potatoes to James Abraham – furniture of House and ??? of farm belonged to M. C. himself wife and children lived in the house. Transcription of the Complaint:

(Page 1)

Lower Canada

– Quebec – in the King’s Bench

William Bethel – Plaintiff

Vs

Denis Cassen (sic) (believe to be Cassin), Defendant

To the Honorable the Justice of His Majesty’s Court of King’s Bench of and for the District of Quebec, William Bethel of the Place or Settlement called Val Cartier in the County and District of Quebec, Farmer complaining of Denis Cassen of the same place also Farmer by this his Declaration doth humbly represent that whereas the Said William Bethel before and at the time of the making of the promise and undertaking of the Said Denis Cassen hereinafter mentioned was lawfully possessed as of his own property. The same unto him the Said William Bethel of right belonging and appertaining under and in virtue of the sale thereof to him made by deed executed at the City of Quebec on the twenty-second day of January one thousand eight hundred and twenty-four by Harris Heny (sic) (believe this to be Harris Haney) of Quebec, aforesaid Farmer before Campbell and (confrere?) Notaries Public, for the consideration in the Said Deed particularly set forth, the Said William Bethel being thereto present and thereof accepting, to wit, of a land and concession lying and being in the Fief or Seigneury of St. Gabriel, District of Quebec being Lot No (number) two

(Page 2)

on the North West of the Tract and Concession of Messieurs Neilson and Stewart on the North West side of the River Jacques Cartier, bounded on the South West in front by the line between the third and fourth Concession on the North East in depth by the River Jacques Cartier on the South East side by Lot No one, and on the North West side by Lot No three in the said fourth Concession and that whereas at and before the time of the making of the Said promise and undertaking by the Said Denis Cassen he the Said William Bethel was lawfully possessed as of his own property, the same unto him of right belonging and appertaining under and by virtue of the exchange made and executed at Quebec, aforesaid, before the Said Notaries and hearing date the twenty eighth day of June one thousand eight hundred and twenty five and for the consideration in the Said last mentioned deed particularly set forth between John Bethel and Thomas Bethel of Quebec, Shoemaker and him the said William Bethel all thereto present and thereof mutually accepting, among other

(Page 3)

things, to wit, of a certain other Land and Concession in the Fief or Seigneury of St. Gabriel aforesaid in the District of Quebec aforesaid being that of Lot Number three on the North West of the Concession of Messieurs Neilson and Stuart on the North West side of the River Jacques-Cartier consisting of three arpents in the front by about nineteen arpents and six perches in depth, bounded on the South West in front by the line between the third and fourth concessions on the North East in depth by the River Jacques-Cartier on the South East side by lot number two and on the North West side by Lot number four in the said fourth Concession, and thereupon, heretofore, to wit, on the thirtieth day of April in the year one thousand eight hundred and twenty-six, at Valcartier aforesaid, in consideration that the Said William Bethel, at special instance and request of the Said Denis Cassen, would then and there let and demise to him the above

(Page 4)

described lots of land, buildings, and appurtenances, he the Said Denis Cassen then and there undertook and faithfully promised the Said William Bethel to pay him rent for the same at and after the rate of twenty one pounds lawful current money of this Province yearly and every year, and the Said William Bethel confiding in the Said promise and undertaking of the Said Denis Cassen did then and there to wit on the day and year last aforesaid lot and demise the Said two lots of land, buildings and appurtenances and the Said Denis Cassen who thereupon entered and from thence until the first day of May in the year one thousand eight hundred and twenty eight continued to hold the same by virtue of such demise by reason of which Said several premises he the Said Denis Cassen became liable to pay to the Said William Bethel the sum of forty two pounds lawful current money aforesaid

(Page 5)

and the Said William Bethel further complaining of the Said Denis Cassen doth further humbly represent that the Said Denis Cassen to wit on the first day of May one thousand eight hundred and twenty eight at Valcartier aforesaid was indebted unto to the Said William Bethel in the sum of forty two pounds lawful current money of this Province for the use and occupation from the first day of May in the year one thousand eight hundred and twenty six until the first day of May one thousand eight hundred and twenty eight at and after the rate of twenty one pounds per annum of rent for the same to wit of two certain other lots of land, with the buildings and appurtenances , bounded, XXXX as follows, to wit a land and concession lying and being in the Seigneury of St. Gabriel, District of Quebec being lot No two on the North West of the tract and Concession

(Page 6)

of Messieurs Neilson and Stewart on the North West side of the River Jacques Cartier bounded on the South West in front by the line between the third and fourth Concession, on the North East in depth by the River Jacques Cartier on the South East side by Lot No one, and on the North West side by Lot No three in the Said fourth Concession; and a certain other land and concession in the Fief or Seigneury of St. Gabriel aforesaid in the District of Quebec aforesaid being the Lot No three on the North West of the Concession of Messieurs Neilson and Stuart on the North West side of the River Jacques Cartier consisting of three arpents in front, by about nineteen arpents and six perches in depth, bounded on the South West in front by the line between the third and fourth Concessions, on the North East in depth by the River Jacques Cartier, on the South East

(Page 7)

side by Lot Number Two and to the North West side by the Lot Number Four in the Said fourth Concession; the Said two lots of land, with the buildings thereon erected and appurtenances hearing all the present aforesaid being the property of and belonging and appertaining unto him the Said William Bethel and by the Said Denis Cassen, during all the period from the first day of May one thousand eight hundred and twenty six until the first day of May one thousand eight hundred and twenty eight held, used, occupied and enjoyed at his special instance and request and by permission of the Said William Bethel, and the same being reasonably worth the annual rent or sum of twenty one pounds annual money aforesaid and being so indebted, the Said Denis

(Page 8)

Cassen in consideration thereof afterwards XXXX on the day and year aforesaid at Valcartier aforesaid undertook and faithfully promised the Said William Bethel to pay him the Said sum of forty two pounds current money aforesaid when he the Said Denis Cassen should be thereunto afterwards requested.

Yet the Said Denis Cassen not regarding his Said several promises and undertakings hath not faithrully often requested paid the Said several sums of money or either of them, or any part thereof but the same to pay hitherto hath and still doth refuse to the damage of the Said William Bethel eighty four pounds lawful current money aforesaid.

(Page 9)

All which Allegation the said Plaintiff doth hereby ave….and well founded in fact and in law, and the same will verify…..maintain when and as this Honorable Court shall direct.

WHEREFORE, the said Plaintiff pray the Process….honorable Court, and that the same issue to compel the said Defendant ….be and appear in this Honorable Court, on Thursday, ….first day of October next…to answer unto the said Plaintiff of the Demands contained …declaration, and that for the Causes aforesaid, by the Judgments of the Honorable Court, the said Defendant may be then and there adjudged and condemned to pay and satisfy to the said Plaintiff the said Sum of eighty four pounds lawful current Money aforesaid, with legal Interest and costs of Suit.

Dated the Seventeenth day of October, 1829

(can’t make out signature)

Attorney for the Plaintiff.