114

ee
———

said Province; and a certificate of such oaths or affirmations and declarations having
been so taken, shall cause to be recorded in the Secretary’s office of the said Province.

In default of all or any of which conditions, limitations and restrictions, this
said grant, and everything herein contained, shall be, and we hereby declare the
same to be null and void to all intents and purposes whatsoever, and the land hereby
granted, and every part and parcel thereof, shall revert to and become vested in Us,
cur heirs and successors, in like manner as if the same had never been granted, any-
thing herein contained to the contrary in any wise notwithstanding.

And whereas, by an Act of the Parliament of Great Britain, passed in the thirty-
first year of His Majesty’s reign, intituled, “An Act to repeal certain parts of an
‘Act passed in the fourteenth year of His Majesty’s reign, intituled: An Act for
making more effectual provision for the Government of the Province of Quebec in
North America, and to make further provision for the Government of the said Pro-
vince,” has declared “That no grant of lands hereinafter made shall be valid or
effectual unless the same shall contain a specification of the lands to be allotted and
appropriated solely to the maintenance of a Protestant clergy within the said Fro-
vince,” in respect of the lands to be thereby granted.

Now Know YE, that we have eaused an allotment or appropriation of seventy-
one acres and three-sevenths to be made in lot number twenty-two, in the fourth
concession of the said Township of Delaware. °

Given under the Great Seal of Our Province of Upper Canada : Witness, Our
trusty and well-beloved Alexander Grant, Esquire, our President, administering the
Government of our said Province this second day of May in the year of Our Lord

one thousand eight hundred and six and forty-sixth of Our Reign.
Ao &.

By Command of His Honour in Council.
WM. JARVIS,

Registrar.

Entered with the Auditor 7th May, 1806.
PETER RUSSEL,
AG.

No. 191.

Tus INDENTURE, made the seventh day of October, in the year of our Lord one
thousand eight hundred and forty—Between the Honourable John Hamilton, of
Queenston, in the District of Niagara and Province of Upper Canada, Esq., David
Gilkison, late of the T ownship of Nichol, in the District of Wellington and Province

aforesaid, now of Genessee, in the State of New York, Esq., and Archibald Gilkison,

jiof Queenston, aforesaid, Esq., executors of the last will and testament of William

Gilkison, in his lifetime of Oak Bank, near Brantford, in the District of Gore, Esq.,
deceased, parties of the first part; and Her Majesty Victoria by the Grace of God of
the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith.
Whereas by a certain agreement lately made by and between the said parties of
the first part, and the principals of the Oneida Nation by their agent of the other
part and ratified and approved by the Chief Superintendent of Indian Affairs in
this Province, that said parties of the first part, for and in consideration of the sum otf
three hundred and eighty-seven pounds and ten shillings of lawful money of the
said Province did agree to bargain grant sell and convey to, or to the use of, or
in trust for them the said principals of the Oneida Nation, a certain parcel or tract
of land and premises situate in the township of Delaware in the London district 1
the Province of Upper Ganada, which is hereinafter more particularly described.
And whereas on the making of the agreement for the selling and conveying of the
said land and premises aforesaid it was desired that the said land and premises should
be conveyed to them by a deed of surrender to Her Majesty, Her heirs «nd successors,

in trust for them the said Oneida Nation.
112

And whereas the said parties of the first part did then and there agree to execute
such surrender as requested, and are now desirous of perfecting the said agreement
-nd executing a surrender of the said land and premises unto Her Majesty, Her heirs
and successors as agreed upon as aforesaid ; |

Now THis INDENTURE WitTNESsSETH, that the said parties of the first part, for and
‘n consideration of the sum of three hundred and eighty-seven pounds and ten shill-
ings of lawful money of the said Province to them in hand paid by the said Oneida
Nation the receipt whereof is hereby acknowledged, have granted, bargained, sold,
aliened, transferred, surrendered and yielded up, and by these presents do 2rant,
bargain, sell, alien, transfer, surrender and yield up unto Her Majesty, Her heirs, and
successors, forever, all and singular that certain parcel or tract of land and premises
situate, lying and being in the Township of Delaware, in the County of Middlesex, in
the District of London, in the Province aforesaid, containing by admeusurement five
hundred acres, be the same more or less, being composed of the small lot number
twenty-four in the broken Concession A, on the River Thames; lots number twenty-
‘our in the Concession B and CO, and the front or westerly part of lot number twenty-
‘our in the Concession D, in the said Township of Delaware, which said five hundred
aeres of land are butted and bounded or may be otherwise known as follows :—that is
to say: Commencing in front upon the River Thames on the north side of the
allowance for road between the Townships of Delaware and Southwold, at the south-
west angle of the said lot number twenty-four in the broken Concession A, then
north seventy degrees, east one hundred and twenty-one chains, seventy-five links ;
north twenty degrees, west twenty-nine chains eighty links, more or less, to the
limit between lots numbers twenty-four and twenty-three, then south seventy degrees,
west to the River Thames; then southerly along the water’s edge with the stream
to the place of beginning; together with all and singular the tenements, appurten-
anees and hereditaments thereunto belonging or appertaining and all the estate,
right, title, interest property, claim and demand whatsoever of, in to or out of the
same. :

To have and to hold the same with the appurtenances to Her said Majesty, Her
heirs, and successors, freed and discharged from all incumbrances whatsoever in
trust nevertheless to and upon the uses, benefit and behoof of the said Oneida Nation
as before mentioned forever.

And the said parties of the first part, for themselves. their heirs, executors
and administrators, do covenant, grant and agree to and with Her said Majesty,
Her heirs and successors, that they the said parties of the first part now are the true
and lawful owners as executors as aforesaid of all and singular the said premises and
every part and parcel thereof and now are lawfully seized as executors as aforesaid
of a good, sure, perfect, absolute and indefeasible estate of inheritance in fee simple
of and in the premises hereby granted, bargained, sold, surrendered and yielded up
or intended so to be, without any condition or limitation of use or uses, or any other
matter or thing to alter, charge, change, incumber or defeat the same. And further,
that they the said parties of the first part and their heirs, executors and administra-
tors shall and will at all times hereafter upon the reasonable request and at the
proper costs and charges of Her said Majesty, Her heirs and successors, make, do and
execute all and every such further and other lawful act or acts, devices, convey-
ances, assurances and surrenders, in law whatsoever, for the further, better and
more perfect granting, conveying, assuring, surrendering and yielding up of all and
singular the said premises above mentioned, with the appurtenances unto Her said
Majesty, Her heirs and successors, as by Her or their council shall be reasonably
devised, advised or required.

[x Wirness Wuereor, the respective parties of the first part have hereunto set

their hands and seals the day and year first above written. ‘
Signed, sealed and delivered) JNO. HAMILTON, [L.S.]
in the presence of § D, GILKISON, [L.8.]
Jasper T. GInxIson, A. GILKISON, [L.8.]
E.0.790%6/
B Bc. 783 + 23.
113

oe

DEPARTMENT OF SECRETARY OF STATE FOR CANADA, REGISTRATION BRANCH,
Ortawa, 19th February, 1868.

I hereby certify that this surrender and the original patent attached thereto
have this day been duly entered on the records of this office in Lib. C. S., Surrenders
to the Crown, Fol. 309.

HECTOR L. LANGEVIN,
Secretary of State and Registrar of Canada.

I certify that this Instrument was duly entered and registered in the Registry

Office for the County of Middlesex this 17th day of April, A.D. 1868, at 1 p.m., in
Book D, for the Township of Delaware as No. 1895. Pages 283, 284, 285.

ALEX. McDONALD,
Deputy Registrar.

—

No. 192.

| We, the undersigned Chiefs and Principal Men of the Band of Indians owning
| the tract of land known as the Serpent River Indian Reserve, or Reserve No. 7 in
| the schedule of reserves under the Robinson Treaty, and being a majority of the
| male members of the said Band, of the full age of twenty-one years, habitually resid-
) ing on or near the reserve in question, duly assembled at a council of the said Band,
| ealled for the purpose, and according to the rules of the said Band, and held in presence
| of an officer duly authorized by the Honourable the Superintendent-General of Indian
| Affairs to attend such council, which said reserve is described in the treaty effected
on the 9th day of September, A.D. 1850, with the Chiefs and Principal Men of the
| Ojibway Tribe of Indians, inhabiting and claiming the eastern and northern shores
| of Lake Huron, by the Honourable William B. Robinson, on behalf of Her Majesty
| the Queen of Great Britain and Ireland, as being “the peninsula east of Serpent
River and formed by it,” acting on behalf of the whole people of our said tribe, do
| hereby remise, release, surrender, quit claim and yield up unto Our Sovereign Lady
| the Queen, Her heirs and successors forever, all and singular that certain tract or
| parcel of land situate in the District of Algoma, in the Province of Ontario, being
composed of a portion of the said hereinbefore mentioned Serpent River Indian
Reserve, more particularly described as follows: Being the right of way required
| for the Canadian Pacific Railway through the said reserve, as shown by the annexed
| plan, commencing at station 813 x 06 near the north-west corner of Section 32 of the
| Township of Shedden, and extending westward through the said reserve to station
| 1223 at the crossing of the Serpent River, in the south-east quarter of Section 25 of

the Township of Spragge, being a total distance of 40, 994 feet, or 7°76 miles, by a
| width of 99 feet, and containing 95°16 acres.

To have and to hold the same unto Her said Majesty the Queen, Her heirs and
successors forever, in trust, to sell and convey the same to such person or persons
| and upon such terms as the Government of this Dominion shall or may deem con-
ducive to the interests of us the said Chief and Principal Men, and of our people in

all time to come.
And upon the further condition that the moneys received for the sale thereof,
shall, after deducting the usual proportions for expense of management, be placed at
| interest, and that the interest money so accruing from such investment, shall be paid
annually or semi-annually to us and our descendants.

And we, the said Chief and Principal Men of the said Band do, on behalf of our
people and for ourselves, hereby ratify and confirm whatever the said Government
| of this Dominion may do or cause to be lawfully done in connection with the disposal
| and sale of the said lands.

In Witness WuereEor we, the said Chief and Principal Men, have set our hands .

| and affixed our seals unto this Instrument in the said District of Algoma at Serpent
| River. |