W0188 DR. CALVIN MCQUESTEN: BOND WITH JOSEPH S. JANES, PRIAM. B. HILL AND DAVID KIKENDALL.
May 18 1835
To: Dr. Calvin McQuesten Hamilton Ontario
From: David Kirkendall Hamilton Ontario
May 18 1835
Know all men by these presents, That we Joseph S. Janes Priam B. Hill and C. McQuesten, of Hamilton in the Gore District in the Province of Upper Canada, are held and firmly bound unto David Kikendall, of the same place, Foreman, in the penal sum of two hundred and thirty seven pounds, ten shillings of lawful money of Upper Canada, for the payment of which sum will and truly to be made to the said David Kikendall, or to his certain attorney, his heirs, executor, administrators, or afsigns [sic], we bind ourselves, our kins, executors, administrators, and afsigns [sic] and every of us and them firmly by these present. Sealed with our seals, and dated at Hamilton aforesaid, this eighteenth day of May, in the Year our Lord one thousand eight hundred thirty five.
The condition of the above obligation is such that if the above bound Joseph S. Janes, Priam B. Hill, and C. McQuesten, their heirs, executors, administrators or afsigns [sic1] shall and do well and truly pay unto the said David Kikendall or to his attorney his heirs, executors, administrators, and afsigns [sic], the full sum of one hundred and eighteen pounds and fifteen shillings lawful money as aforesaid at or before the end of five years from the date hereof, and the lawful interest on the same annually, each and every year, and shall erect and finish, on a certain village lot for which the above bond is the consideration or purchase Money, a building, not lefs [sic] than eighteen by twenty four feet on the ground, within a year from the date hereof, said Village Lot being No. five, in Block No. five of said Kikendall Village Lots in said Town of Hamilton, Then the above obligation to be null and void, otherwise, to be and remain in full force and virtue
Signed sealed and delivered in presence of
John T Pychman
[Notes on the reverse of the legal document]
Rec'd on the within Bond twenty five pounds currency on the 10 day of August 1835 of said parties.
Received on the within Bond one years Interest
May 18th 1836 Joseph Kirkendall
7.9.10 pounds Hamilton June 20th 1837
Rec'd on the Bond Seven Pounds 9/10- as Interest Wm. Kirkendall
Received July 4th 1837 on the within Bond Fifteen Pounds Currency- Wm. Kirkendall
7.13.6 pounds Cy Hamilton 18th May 1838 Rec'd on this Bond Seven pounds 13/6 Currency- Wm. Kirkendall
25 pounds Rec'd Hamilton Feb 3- 1842 on the within Bond twenty five Pounds-
Feby 17th 1843 Rec'd 10 pounds
Received on the within Bond twenty Dollars August 15 1843- David Kirkendall
Received on the with in [sic] twelve pound ten shillings Cy 23 march 1844
Received Hamilton April 9th 1844 on the within Twenty Pounds two shillings & 10 1/2 d as for their account rec'd this day--David Kirkendall
Rec'd Hamilton 27th Sept 1844 on this Bond one pound ten shillings (1.10)--David Kirkendall
London West Holton South
Feby 45- 40.17 pounds remain over
This includes both Bonds
Joseph S. Janes
Priam B. Hill &
Bond for 118.15.0 pounds
For lot No. 5
Block No. 5
1 Note the use of the archaic "fs" for "ss."
May 18, 1835 (W0188). A legal bond establishes the ownership of the original property for the foundry at James and Merrick Streets. This lot was purchased from David Kirkendall with a bond in three names,” Joseph J. Janes, Priam B. Hill and Dr. McQuesten, of Hamilton in the Gore District” (W0188). This is curious since McQuesten and Hill were both living in Brockport, N.Y; however, Joseph Janes was from Hamilton, but McQuesten did not move to Hamilton until 1839. Since Janes was a Hamilton resident, he may have located the property for the group, and his name may have facilitated the purchase.
It was likely important to have a Canadian in the group since there was still some hostility to Americans after the war of 1812 and just before the Rebellion of Upper Canada in 1837 to 1839. It was also important to have a Canadian signee as part of the property since only a “Subject” could take out a patent.
Although this bond for the lot appears as if there is a partnership between these three men, the company was named "McQuesten" as he was the principal investor. In fact Joseph Janes absconded leaving huge debts, some to McQuesten, and never did pay any share.
Judging by the letters between John Fisher and McQuesten, in tone and content, Dr. McQuesten was the financial head of the enterprise, and any communication from his associates in Hamilton is clearly in the nature of a report to him on the progress and problems with the foundry. For more details and links on Janes, see footnote at W-MCP4-6.237. For Fisher, see W-MCP5-6.240.