373 And the said Simon Bosquer says: That the annexed Release or Surrender was assented to by him and a majority of the male members of the said Band of Indians of the full age of twenty-one years then present. That such assent was given at a meeting or council of the said Band of Indians summoned for that purpose, according to its Rules, and held in, the presence of the said Donald McPherson That no Indian was present or voted at such council or meeting who was not a habitual resident on the Reserve of the said Band of, Indians or interested in the land mentioned in the said Release or Surrender. That he is a Chief of the said Band of Indians and entitled to vote at the said meeting or council. Sworn before me by the above named ) DONALD MACPHERSON P.P. Deponents at my office Whycocomagh Indian Agent in the County of Inverness this 27th { SIMON BOSQUER day of June A.D. 1902. Capt. James McPuat. J.P. Accepted by the Governor in Council on the 1st Augt. 1902 JOHN J. McGEE Clerk of the Privy Council. Recorded 17th February 1903 Lib. 164. Folio 340. Joseph Pope Dep: Registrar General of Canada. No. 470. THIS INDENTURE made this twenty ninth day of August in the year of our Lord one thousand nine hundred and two, BETWEEN Michael Saloon of Heatherton in the County of Antigonish and Province of Nova Seotia, Chief of the Micmae Indians of the Counties of Antigonish and Guysborough, and Francis Paul, J oseph Sillieboy, Peter Marble, Peter Louis, James Pictou and Frank Phillip all of Heather- ton aforesaid, Indians, hereinafter called “ Indians of the Reservation for Indians at Heatherton,” of the ONE PART and Alexander McDonald and Duncan A. Chis- holm both of Heatherton aforesaid, farmers, of the OTHER PART; WITNESSETH that the said “Indians of the Reservation for Indians at Heatherton ” for and ‘in consideration of the grant and conveyance by said Alexander McDonald and Dunean A. Chisholm to His said Majesty, the King, represented by the Honorable Minister of the Interior, by deed bearing date the twenty seventh day of August A.D. 1902, of certain strips of land situate at Heatherton aforesaid, and particularly described in said deed, for the use of said Indians and others as a road or right of way to and from said Reservation for Indians, with all the rights and privileges particularly set forth in said deed, THEY, the said “ Indians of the Reser- vation for Indians at Heatherton,” on behalf of themselves and all other Indians, now resident or hereafter to become resident on said Reservation for Indians at Heatherton aforesaid, DO hereby covenant and agree with the said Alexander Me- Donald and Dunean A. Chisholm, their and each of their heirs and assigns, that they, the said Indians now residing on said Reservation for Indians, and those who may hereafter become resident thereon, SHALL use said road or right of way to and from 374 said reservation so conveyed to His Majesty, the King, for their use and benefit, And NO OTHER; and that they SHALL NOT USE any other path or way which may have been heretofore used in going to and coming from said Reservation; and also that they, the said Indians shall cease and refrain from trespassing in any way upon ithe lands of the said Alexander McDonald or Duncan A. Chisholm. AND they, the said INDIANS of the Reservation for Indians at Heatherton,” for themselves and all others resident on said Reservation for Indians, HEREBY COVENANT AND AGREE with the said Alexander McDonald and Duncan A. Chisholm, their and each of their heirs and assigns, that they, the said Indians shall hereafter at all times keep up any fences that may hereafter be erected along said road or right of way so conveyed to his said Majesty, the King, for their use and benefit, and shall immediately close (and keep closed), after having used and passed ‘through same, any GATES which the said Alexander McDonald and Duncan A. Chisholm, their or either of their heirs or assigns, deem necessary to have erected across said road or right of way. AND the said “INDIANS of the Reservation for Indians at Heatherton, on behalf of themselves and all other Indians of said Counties of Antigonish and Guys- borough, in the Province of Nova Scotia, and elsewhere, DO hereby COVENANT and AGREE to relinquish and surrender and by THESE PRESENTS DO retitnqui-h and surrender any right or privilege they may have acquired by usage or otherwise to pass and repass over and along any other path or paths, way or ways over and through the lands of the said Alexander McDonald or Dunean A. Chisholm. IN WITNESS WHEREOF the parties to THESE PRESENTS have here- unto their hands and seals subscribed and affixed the day and year first above written. at Heatherton in the said County of Antigonish. Signed, Sealed and Delivered in the pre- his ; sence of MicwaEt x SaLoon Chief [L.S.] (the contents having first been read over oe to said Indians and explained to them, | Francis x PAuL [L.S.} who seemed to thoroughly understand mark same) ; his 2 fe Joun R. McDonatp OSE oes [L.S.]J Indian Agent Hes PETER x MARBLE [LS.} mark FRANK PHILIP [L.S.} No. 471. DUPLICATE THIS INDENTURE made this twenty-seventh day of August in the year of our Lord one thousand nine hundred and two, Between Alexander McDonald and Duncan A. Chisholm, both of Heatherton in the County of Antigonish and Province of Nova Scotia, farmers, of the ONE PART, and HIS MAJESTY, the KING, represented in this behalf by the Honorable Minister of the Interior for the Dominion of Canada, of the OTHER PART; WITNESSETH, that the said Alexander McDonald and Duncan A. Chisholm, for and in consideration of One Dollar of lawful money of the said Dominion of Canada, to the said Alexander McDonald and Duncan A. Chisholm in hand well and ttruly paid by the said Minister of the Interior for the said Dominion of Canada, at or before the ensealing and delivery of These Presents, the receipt wnereof is hereby