*Note: Bold Italics denotes handwriting.
March 12, 1860
Whereas in and by an Act of Parliament of that part of this Province formerly known as Upper Canada passed in the Ninth Year of the Reign of King George the Fourth entitled “An Act for the relief of the Religious Societies therein mentioned” it is enacted that whenever any Religious Congregation or Society of Presbyterians, Lutheran, Calvinists, Methodists, Congregationalists, Independents, Anabaptists, Quakers, Menonists, Tunkers and Moravians, shall have occasion to take a conveyance of land for the site of a Church, Meeting House or Chapel or Burying Ground, it shall and may be lawful for them to appoint trustees, to whom, and their successors to be appointed in such manner as shall be specified in the Deed, the requisite Land for all or any of the purposes aforesaid (not exceeding five names for any one congregation) may be conveyed, and such Trustees and their Successors in perpetual succession by the name expressed in such Deed, shall be capable of taking, holding, and possessing such Land and of commencing and maintaining any action in law or equity, for the protection thereof, and of their right therein.
And whereas a Religious Society of Methodists, have occasion to take such a Deed of Conveyance of a parcel or tract of land, situate in the township of Nelson in the County of Halton in the Province of Canada, for the site of a Meeting-House or Chapel and Burying-Ground, have appointed Trustees by the name and style of the Trustees of the Chapel of the Canadian Wesleyan Methodist New Connexion, in the Township of Nelson in the county of Halton.
Now this Indenture, made the Twelfth day of March in the year of our Lord, One thousand eight hundred and sixty BETWEEN
George Hardbottle of the Township ofNelson, county of Halton and province of Canada, yeoman of the First part, and
Rhoda D. Hardbottle, Wife of the said party of the First part, of the Second part;
William Galloway of Nelson aforesaid Merchant;
Robert Simpson of Nelson aforesaid Carpenter,
James Landon of Nelson aforesaid Yeoman,
Thomas Galloway of Nelson aforesaid Miller and
William Harris of Nelson aforesaidof the third part
Witnesseth, that the said party of the First part, for and in consideration of the sum of Five Dollars of Lawful money of the said Province to him in hand paid by the party of the Third part, before the sealing and delivery whereof is hereby acknowledged hath given, granted, bargained, sold, released, confirmed, and conveyed and by these presents doth give, grant, bargain, sell, release, confirm, and convey unto them, the said party of the Third part by the aforesaid name and style of the Trustees of the Chapel of the Canadian Wesleyan Methodist New Connexion in the Township of Nelson aforesaid and their successors to be appointed in manner hereinafter specified, all the estate, right, title, interest, property, claim and demand whatsoever either by law or equity, which he hath in, to or upon, all and singular that certain Lot, Parcel, or Tract of Land, situate, lying and being in the Township of Nelson in the County, District and Province aforesaid, and which may be otherwise more particularly known and described as follows; That is to say, commencing
where a stake has been placed thirty six rods in a North Westerly direction from the centre stake on the south east side of Lot Number Nine then running North west Eight Rods along the Line between the Land of William Panton Esq’r and the property of the said George Hardbottle then running North East ten rods then South East Eight rods on the Road between the propertys of the said George Hardbottle and James Harris then along the North Westerly side of said Land in a North Westerly direction ten Rods to the place of beginning.
Being composed of part of the West half of Lot Number Nine in the Second Concession of the New Survey of the Township of Nelson and in County and Province aforesaid containing by admeasurement one half an acre.
Together with all and singular the Houses, Out-houses, Woods, Ways, Waters, Privileges and Appurtenances, belonging thereunto or in any way appertaining: To have and to Hold all and singular the above-mentioned and described Piece or Tract of Land and Premises so situate lying and being as aforesaid, together with all and singular the Houses, Out-houses, Woods, Ways, Waters, Privileges and Appurtenances, belonging thereunto, or in any way appertaining unto them the said party of the Third part, and their Successors in said Trust, forever, for the site of a Chapel or Meeting House and Burying Ground, for the use of the members of the said Canadian Wesleyan Methodist New Connexion in Trust and Confidence that they shall and will at all times hereafter forever, permit all and every, the Ministers of the said New Connexion of Methodists, who are or hereafter may be, duly licensed or otherwise authorized by the Conference of the said Connexion, to Preach and Perform Divine Service in said House, and Burial Service in said Burying Ground, according to the Rules Discipline and Customs of said Connexion.
And in Further Trust and Confidence that the said Trustees for the time being shall, if they think fit permit the regular Minister of any other Protestant Denomination of Christians to preach and perform Divine Services in the said House when it shall not be required for the use of the Ministers of the said Canadian Wesleyan Methodist New Connexion. And also in further Trust and Confidence that the said trustees for the time being, or a majority of them, shall and may at any time and times, or in such times as they or a majority of them shall deem expedient set apart and appropriate as much of the above granted and described Premises as may be necessary for the use and purposes of a Parsonage or a place of residence for the Ministers of the said Connexion, and to build or cause or allow to be built thereon, a fit and proper Building for said purposes.
Provided Always and it is herby declared to be the true intent and meaning of this Indenture, and of the parties hereto, that if any of them the said Trustees or any future trustees to be appointed under this present provision, shall die, of if any of them shall go to reside beyond the distance of Ten miles from any Such House and continue to reside beyond such distance from Such House for the space of one year or shall be convicted of felony or any other crime or shall refuse or decline or otherwise become incapable of acting as Trustees, and the said original number of Trustees for the time shall thereby be reduced to one half of the original number: then and in any or either of the said cases, and when and so often as the same shall happen, it shall and may be lawful to and for the surviving or continuing Trustees, for the time being, or the majority of them, with all convenient speed by writing under their hands, to nominate and appoint as many other orderly and devout persons, being members of the Canadian Wesleyan New Connexion, or frequenters of Divine Worship at said Chapel, and who are known to be attached to the said Connexion, to be trustees in the Place or Stead of the person who shall so die, go to reside at a distance as aforesaid, or be convicted or become incapable to act as aforesaid, or at his or their own request shall by the other Trustees be permitted to relinquish or be discharged as shall together with the then surviving or continuing Trustees make up the original number of trustees, and should the surviving or continuing Trustees when so reduced to one half of the said original number as aforesaid, at any time hereafter refuse or neglect to elect nominate and appoint new Trustees as aforesaid, for the space of Twelve months: Then, and in every such case, and when and so often as the same shall happen, it shall and may be lawful for any SEVEN MEMBERS of the said New Connexion Methodists, who have been in the habit of attending Divine Worship at said Chapel for the space of Twelve months then had past and who still continue to attend the same, by writing under their hands , to require the said surviving or continuing Trustees for the time being to nominate proper persons as aforesaid to fill up the vacancies in the numbers of the said trustees; and if the said surviving or continuing Trustees shall neglect or refuse to so do, for the space of Six calendar months after such notice or request in writing shall be given in aforesaid then and in such case, and when and so often as the same shall happen, it shall and may be lawful for these members or any other Seven members as aforesaid to call a meeting of the other members of the said Connexion who attend said Chapel for the purpose of Divine Worship together with the officiating Minister or Ministers for the time being: and it shall be and may be lawful for the persons so attending such meeting or a majority thereof, to nominate, elect and appoint as many fit and proper persons as aforesaid, to be such new Trustees as will make up the original number as aforesaid; and the Trustees so nominated and appointed in either of the above cases or mode, shall be held and deemed to be lawful successor or successors of the said above-named Trustees of the third part, and shall have in Perpetual succession the same capacities, rights powers and duties as are given to the said above-named trustees, in and by this Indenture and by the statute above referred to.
And to the intent and end that evidence of the due nomination and appointment of succeeding Trustees, in the said Trust, may be preserved, the Trustees for the time being are hereby required to keep a BOOK OF RECORD, in which the name or names of any person or person nominated and appointed as aforesaid and also the manner of nomination and appointment, and also all the proceedings relating thereto, shall be entered, and such entry shall be subscribed by the Trustees making the appointment, or if made by a meeting of the Members as above provided for, to be subscribed the at least SEVEN of the said Members as making such nomination and appointment.
And this Indenture further Witnesseth, that the said Rhoda D. Hardbottle wife of the above named George Hardbottle for and in consideration of the sum of Five Shillings of lawful money aforesaid to her in hand paid by the said party of the Third part hath remitted, released and forever relinquished and by these presents doth remit, release and forever relinquish unto them the said party of the Third part, and their successors duly appointed as aforesaid, all and all manner of DOWER, and Right or Title of Dower whatsoever, which she the said Rhoda Hardbottle in the event of her surviving her said husband, might, or of might thought to have, claim in, to and out of the said certain Parcel of Tract of Land and Premises above mentioned and every Part and Parcel thereof and all manner of Action or Actions and Writ or writs of Dower Whatsoever.
IN WITNESS WHEREOF we the said parties to this Indenture have hereunto set our hands and seals on the day and year above written.
Rhoda D Hardbottle
SIGNED SEALED AND DELIVERED IN PRESENCE OF
Transcribed December 26, 2019 by W. Raymond Cummins
1. The Statute entitled “An Act for the Relief of Religious Societies therein mentioned” was passed in Upper Canada on 25 March 1828. Until then it was not legal for churches other than the Church of England or the Church of Scotland to own land or buildings in Upper Canada.
2. George IV became king on the death of his father, George III, on 29 Jun 1820. He reigned until his own death on 26 Jun 1830. His 65-year-old brother William IV then assumed the throne and when he died on 20 Jun 1837 young Victoria became queen.
3. The indenture was printed by the denomination known as the Canadian Wesleyan Methodist New Connexion. The printer left spaces for information specific to this church to be entered by hand including the names and signatures of the five trustees and the description of the property by metes and bounds. There were also places left for the names and signatures of the sellers, George and Rhoda Hardbottle, and the two witnesses.
4. In 1874 the New Connexion Methodist denomination joined in with the Wesleyan Methodist denomination and in 1881 they were joined by The Episcopal Methodist denomination to form the Methodist Church in Canada.
5. The property was described as measuring 10 rods by 8 rods. It therefore was 180 spare rods. This is indeed one half of an acre. The dimensions (10 rods by 8 rods = 50.2 metres by 40.2 metres) match precisely those of the existing United Church Cemetery on Eighth Sideroad. The southwest corner of that property is 36 rods (180 metres) northeast of where Eighth Sideroad turns southeast. The cemetery is in the west half of Lot 9.
6. This means that the boundaries of the present cemetery have been neither augmented nor diminished since March 12, 1860.
7. The occupation, trade or profession of trustee William Harris of Nelson was not designated on line 11.
8. Nelson was the address used for the Meeting House and its trustees. This referred to the Township of Nelson and not the village of Nelson. Nelson Village was then known by its original name: Hannahsville. That village had been named after the Hannah Kelsey (1778-1820), wife of the village’s founder, Joseph Hopkins (1777-1841).
9. The chapel or meeting house was referred to in the indenture as “The Canadian Wesleyan Methodist New Connexion Chapel of Nelson Township”. This appears to imply that it was the only New Connexion Methodist chapel in the township on 12 March 1860. However, Bethel Chapel had already been built in 1853 on lot 5 concession 1 Nelson Township. Its present address is 1172 Britannia Road. Some descriptions suggest that It too had been a chapel of the Canadian Wesleyan Methodist New Connexion.
10. What did the original members call their building? Church, or Meeting House, or Chapel? Line 32 shows that the signatories of the indenture wrote in “such house” twice on line 32. This obviously refers to the designation of a “Meeting house” (line 3, 6).
On the other hand, it appears that the denomination wanted the building to be called a chapel. The indenture had been printed for use by all new congregations of the Canadian Wesleyan Methodist New Connexion leaving spaces for the details for each congregation. The printed part of the indenture refers to the building as a chapel on lines 7 and 15.
In either case, a building was intended for the site. It is even possible that a building had already been erected before the land was conveyed. We know that George Hardbottle had been a lay preacher and heavily engaged in New Connexion Methodists matters before he and his wife conveyed the land to the trustees for 5 dollars and 5 shillings.
11. The “Hardbottle” surname was used by George and Rhoda in their signatures and on their epitaphs. On the other hand, many of their descendants referred to themselves as “Harbottle”.
12. Kilbride was not mentioned in this indenture. Perhaps the name Kilbride had not yet been widely accepted in 1860.
13. Zion was not used in this indenture. It would be interesting to know when the name was adopted.
14. The number of Trustees on the Board of Trustees is limited to five trustees by this indenture.
- George Hardbottle
- Rhoda Dildene Hardbottle
- William Harris
- Robert Simpson, carpenter
- Thomas Galloway, miller
- William Galloway, merchant
- James Landon, yeoman
Contributing Author: W. Raymond Cummins