215

and premises situate on the westerly side of the Owen Sound, known as the Newash
Reserve, and containing about ten thousand acres of land, upon certain conditions set
forth in tne deed of surrender.

The Superintendent General submits for the reasons stated in his report that it
-would be for the advantage both of the Indians themselves and the country at large
to accept this surrender, with a view to the tract being immediately surveyed and
laid open for settlement.

The Committee recommend that the surrender be accepted and enrolled in the
offices of the Commissioner of Crown Lands and of the Provincial Registrar, with a
view to the tract being immediately surveyed and laid open for settlement, as
submitted by the Superintendent General of Indian Affairs.

Certified.
WM. H. LEE,
OE CG:

To the Honourable
The Provincial Registrar,

&e., &e., &e.,

PROVINCIAL REGISTRAR’S OFFICE,
Toronto, 20th February, 1857.

I hereby certify that the within surrender, together with the Minute in Council
hereto annexed, have been entered upon the records of tnis office in Lib. C. S., Fols.

164, 165, 166, 167.
THOS. AMIOT,

pha Deputy Registrar.

Crown LAanp DEPARTMENT,
Toronto, 10th March, 1857.

Entered upon the records of this Department in... W. No, 39.

No. 83.

Tuis Inpenrurr showeth that we, the undersigned Chiefs and leading men of the
Deleware Nation of Indians residing on the Moravian Reserve, of tne first part, and
Richard Tneodore Pennefather, Thomas Worthington and Froome Talfourd, Esquires,
acting on behalf of the Indian Department, of the second part, have agreed and do
hereby agree that the aforesaid Indians of the first part surrender, yield and give up
to Her Majesty the Queen, Her heirs and successors, in trust, to be sold for their
benefit, the tract adjoining the River Thames, in the Townships of Zone and Orford,
known as the Moravian Reserve, on the following conditions :—

Firstly: That a sufficient quantity shall be reserved for the purpose of being
divided among the Indians of the first part in lots as shall be hereafter agreed upon.

Secondly: That each family to whom a farm shall be so allotted shall receive a
written document giving to them and their children exclusive occupation of such
lot.

Thirdly: That a house shall be built for each family who may be removed from
their present farms on the tract now surrendered.

Fourthly: Any Indian family so removed snall receive the value of their

improvements, as appraised by a competent party.
 Fifthly: The whole proceeds of the sale of the tract now surrendered shall,.
after deducting the expenses incurred in carrying out the above recited conditions,
be held in trust for the benefit of the Indians of the first part, and their children,
for ever.

Sixthly: Tne interest so arising shall be payable half yearly to the Indians of
the first part.

|
|
| “1 Lj
i
Ixy Token Wuereor, we have affixed our hands and seals to this surrender, Dated —
the ninth day of April, 1857, in duplicate.
Witnesses to the signatures :—

J. VOGLER, BR. T. Penneratoer, Supt. General.

L. E. Voarer, Tuos. WORTHINGTON,
FROOME 'TALFOURD,
TimoTHy SNAKE, X
JOHN PETER, x
Puitie JAcoBs,
JOHN HUFF, x
JOHN NORTON, x
Wituram Noau,
Mosts STONEFISH, X
Epwarp WHITEYES, X
C. M. STONEFISH, x
JEREMIAH STONEFISH, X
JOHN JACOBS, X
SoLomon LEWIs,
JOSHUA JACOBS,
RicHArRD TOBIAS,
GOTLIEB TOBIAS,
NATHANIAL ANTHONY, X

Copy of a Report of a Committee of the Honourable the Hxecutive Council, dated 2nd
June, 1857, approved by His Excellency the Governor General in Council on the
3rd June, 1857.

On a communication from the Superintendent General of Indian Affairs, sub- —
Wmitting for approval a surrender to Her Majesty the Queen, Her heirs and suc-
cessors, by the Chiefs and leading men of the Delaware Nation of Indians of the
Indian Reserve in the Townships of Orford and Zone, known as the Moravian Tract.

The terms of this surrender are as follows :— |

1°. That a block shall be reserved to be divided into lots among the Indians of
the band. The land selected is a piece two miles square, including their present
village and church. This will give each family a small farm of about 35 acres.

2°. Each family shall receive a document giving them exclusive occupation of
the farm so allotted to them.

3°. Each outlying family wno may be removed into the reserved block shall
have a house built for them by the Indian Department in lieu of that abandoned by
them.

4°. Every such family shall receive the appraised value of their improvements.

5°. The proceeds of the sale of the land shall, after deducting all necessary
expenses, be held in trust for the band surrendering.

6°. Tne interest of such money shall be paid half yearly.

The reserve now ceded contains about 30,000 acres of excellent land, and its
surrender is of great importance to that part of the country. If the treaty be
approved, every exertion will be made to bring the land into the market at an early
day.

The Committee recommend that the surrender be accepted and enrolled in the
offices of the Provincial Registrar and the Commissioner of Crown Lands.

Certified.

WM. H. LEE,

To the Honourable CO: Rtgs
The Commissioner of Crown Lands,

&e., &e., &e.
217

ProvinctaL REGISTRAR’S OFFICE,
Toronto, 8th June, 1857.

T certify that the within surrender, together with the Minute in Council relating
thereto and hereunto annexed, have been entered upon the records of this office m

Lib. C. S., Folio 168.
THOS. AMIOT,

Deputy Registrar.

Crown LAND DEPARTMENT,
Toronto, 16th June, 1857.

Entered upon the records of this Department L. W. INO: 39:

Nooo.)

Tuts INDENTURE sheweth that we, the undersigned Chiefs and leading men of the
Delaware Nation of Indians, on behalf of our tribe residing on the Moravian Reserve,
of the first part, and Richard Theodore Pennefather, Thomas Worthington and
Frome Talfourd, Esquires, acting on behalf of the Indian Department, of the second
part, have agreed, and do hereby agree that the aforesaid Indians of the first part,
surrender, yield and give up to Her Majesty the Queen, Her heirs and successors,
in trust to: be sold for their benefit, the tract adjoining the River Thames, in the
Townships of Zone and Orford, known as the Moravian Reserve, on the following

conditions :—
Firstly: That a sufficient quantity shall be reserved for the purpose of being

Indians of the first part in lots as shall be hereafter agreed upon.
Secondly: That each family to whom a farm shall be so allotted shall receive a
written document giving to them and their children exclusive occupation of such lot.
Thirdly: That a house shall be built for each family who may be removed from

their present farms on the tract now surrendered.
Fourthly; Any Indian family so removed shall receive the value of their improve-

ments as appraised by a competent party.
the sale of the tract now surrendered shall,

xpenses incurred in carrying out the above recited conditions,
he benefit of the Indians of the first part, and their children

forever.
Sixthly: The interest so arisil

the first part.
Tx Testimony WHEREOF, we have affixed our hands and seals to this surrender.

Dated the fifteenth day of May, one thousand eight hundred and fifty-seven, 10

duplicate.

Signed in our presence:
JESSE VOGLER,

ig shall be payable half yearly to the Indians of

R. T. PENNEFATHER, Supt. Genl.
THos. Worruineton, I. C.

L. E. Vocrer. FrooME ‘TALFOURD, ies
his
TimorHy xx SNAKE, (iS.4
mark.

Puitie Xx JACOBS, [L.8.]
H. I. SNAKE, [L.8.]
JOHN x PETER, fia.S.4]
Joun x HUFF, ais. ]
Conrad x TOBIAS, [L.8.]
Wiuttiam Noad, rL:8.]
Moses x STONEFISH, pees

, his
JoHN x JACOBS, fac |

mark.

JosHua P, x JACOBS, (i694
JOHN P. x JACOBS, [L.S.]
C..M. SToNneEFIsH, "ity hl
Epwarp WHITEYE, [L.S.]
No. 84
lo the Registrar of the County of Northumberland:

A memorial to be registered pursuant to the statute in such case made and pro-
vided, of an indenture of bargain and sale, bearing date the eighth day of February,

in the year of Our Lord one thousand eight hundred and thirty-nine, between John ~

Steele, of Cobourg, in the Newcastle District and Province of Upper Canada, Esquire,
and Charles George Buller, of the Township of Hamilton, near Cokourg, aforesaid,
Esquire, of the one part; and Samuel Peters Jarvis, of the City of Toronto, in the
Home District of the Province aforesaid, Chief Superintendent of Indian Affairs in
the said Province of Upper Canada, of the other part: whereby after reciting that
whereas John William Bannister, late Chief Justice of His Britannic Majesty’s Colony
of Sierra Leone, in Africa, but now deceased, was in his life-time and at the time of
his death, hereinafter mentioned, seized or otherwise well entitled to him and _ his
heirs in fee simple of and to certain parcels or tracts of land and hereditaments with
their appurtenances, and amongst others of the lands, tenements, hereditaments and
premises hereinafter mentioned and described, and hereby granted, bargained, sold or
otherwise conveyed and assured or intended so to be, and whereas the said John
William Bannister departed this life at Sierra Leone, aforesaid, on or about the third
day of August, in the year of Our Lord one thousand eight hundred and twenty-nine,
leaving Saxe Bannister, his eldest brother and heir-at-law, him surviving. And
whereas the space of six months and upwards elapsed after the decrase of the said
John William Bannister, and no claim was made or advanced upon or against the
several pieces or tracts of land, hereditaments or premises hereby granted, bargained,
sold, conveyed or assured, or intended so to be, or any part thereof, whereof the legal
estate in and to the same, and all right, title, power, control and authority over the
said parcels or tracts of land, hereditaments and premises, with their appurtenances,
became and were vested in the said Saxe Bannister, as such heir-at-law as aforesaid.
And whereas the said Saxe Bannister and Mary, his wife, being desirous to make,
yield and dispose of all parcels or tracts of land, hereditaments and premises, with
their appurtenances whatsoever, situate in the Province of Upper Canada, of which
the said John William Bannister died seized or possessed of, or in which at the time
of his decease he was beneficially interested, and which became vested as aforesaid
in the said Saxe Bannister as heir-at-law as aforesaid to the said John William Ban-
nister for certain indenture of bargain and sale, bearing date on or about the twenty-
sixth day of August, in the year of Our Lord one thousand eight hundred and thirty-
five, did for certain considerations therein mentioned grant, bargain, sell, convey
and assure to one Thomas William Parkes, of South Square, Gray’s Inn, in the
County of Middlesex, in the Kingdom of England, his heirs and assigns (amongst
other things), the parcels or tracts of land, hereditaments and premises, with their
appurtenances, hereinafter described and ‘nereby conveyed and assured or intended so
to be. To have and to hold the same unto the said Thomas William Parkes, his heirs
and assigns, upon trust for such person or persons, for such estates or interests, upon
and for trusts, intents and purposes, and in such manner as the said Saxe Bannister by
any deed or deeds, instrument or instruments in writing, under his hand and seal, or by
his last will and testament, or any codicil or eodicils thereto, should divide or appoint.

And whereas also by a certain other indenture of bargain and sale and convey-
ance bearing date on or about the twenty-eighth day of April, in the year of Our Lord
one thousand eight hundred and thirty-cight and made between Thomas William
Parkes of the first part, the said Saxe Bannister of the second part, and the said John
Steele and Charles George Buller, of the third part; the said Thomas William Parkes, at