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

219

——

the request and by the direction and appointment of the said Saxe Bannister, testified
by his being a party thereto and executing the same, did for certain considerations
therein specified, grant, bargain, sell, transfer and convey, and by way of further assur- .
ance the said Saxe Bannister did grant, bargain, sell, transfer and convey and confirm
unto the said John Steele and Charles George Buller, their heirs and assigns (amongst
other things) those certain parcels or tracts of land and hereditaments, with their
appurtenances, hereinafter described and hereby conveyed and assured or intended so
to be, upon trusts and for ends, intents and purposes in the said last mentioned inden-
ture of bargain and sale specified, and amongst other things as follows, that is to say:
upon trust that they, the said John Steele and Charles George Buller, and the survivor
of them and the heirs and assigns of such survivor, or any attorney by them or him
lawfully authorized in that behalf, at and upon their or his own proper direction and
authority, without any further or other consent or concurrence of or by the said Thomas
| William Parkes and Saxe Bannister or either of them, their or either of their heirs
therein, is hereby given or expressed, should immediately upon the sealing and delivery
of these presents, or at any time or time hereafter whenever the said John Steele and
Charles George Buller, or the survivors of them or the heirs or assigns of such survivor,
shall think fit, make, yield and absolutely dispose of all and every the said pieces, par-
cels or tracts of land, hereditaments and premises either together in one lot or parcel
or separately in several lots or parcels, and either by public or private contract, or
partly by public sale and partly by private contract, and for price or prices or sum or
sums of money as the said John Steele and Charles George Buller and the survivor of
them and the heirs and assigns of such survivor, or any attorney by them or the sur-
vivor of them appointed shall think reasonable and proper. It is witnessed that the
said John Steele and the said Charles George Buller for and in consideration of the
sum of four hundred pounds lawful money of Upper Canada to them by the said Samuel
Peters Jarvis in hand well and truly paid at or before the ensealing and delivery of
these presents, the receipt whereof is hereby acknowledged, have granted, bargained,
sold, transferred, conveyed and confirmed, and by these presents do grant, bargain, sell,
transfer, convey and confirm unto the said Samuel Peters Jarvis, his heirs and assigns
forever, all that certain parcel or tract of land situate, lying and being in the Town-
ship of Otonabee, in the County of Northumberland and District of Neweastle, con-
taining by admeasurement four hundred acres, be the same more or less, being com-
posed of lots number four and five in the south Concession of the said Township of
Otonabee, together with all the hereditaments and appurtenances thereto belonging,
and their reversion and reversions, remainder and remainders, rents, issues and profits
thereof, and all the estate, right, title, interest, claim, property and demand whatsoever,
either at law or equity, of them the said John Steele and Charles George Buller, of, in,
to or out of the same, and every part and parcel thereof with the appurtenances. To
have and to hold the same, with the appurtenances, unto the said Samuel Peters Jarvis,
his heirs and assigns, to the only proper use, benefit and behoof of the said Samuel
Peters Jarvis, his heirs and assigns for ever, but +n trust nevertheless for the use and
benefit of the Mississagua tribe of Indians of Kingston and the Bay of Quinté and their
posterity for ever, and in which said indenture is a covenant that they, the said John
Steele and Charles George Buller, had full power and authority to grant, alien, release
and convey the said land and premises therein mentioned, freed and discharged of and
from all manner of incumbrance, excepting any the reservations, limitations and con-
ditions expressed in the original grant from the Crown, and that they the said John
Steele and Charles George Buller, and the survivor of them and the heirs and assigns
of such survivors, and all persons lawfully or equitably claiming by, from, through or
under them or either of them, shall at every reasonable request and the costs and charges
of the said Samuel Peters Jarvis, his heirs and assigns, make, do and execute all such
lawful acts and deeds for the better assuring the said land and premises to the said
Samuel Peters Jarvis, his heirs and assigns, in trust as aforesaid, as by any of them or
any of their counsel learned in the law shal] devise, advise and require, which said in-
denture is witnessed by George Strange Boulton, of Cobourg, in the Newcastle District
aforesaid, Esquire, and is hereby required to be registered by one of the grantors therein

named, x
Witness my hand and seal this twenty-first day of August, in the year of Our Lord

one thousand eight hundred and thirty-nino. ) rr.

Signed and sealed in the) ay
presence of \ C. G. BULLER, [L.S.]

G. S. Boulton,
R. M. BoucHer,

\

George Strange Boulton, of the Town of Cobourg, Esquire, maketh oath and saith —
that he was present and saw the within named grantors, John Steele and Charles George —
Buller, duly execute the indenture to which the within memorial relates, as also that —
he was present and saw the within named Charles George Buller duly execute the said —
memorial, and that he, the deponent is a subscribing witness to both instruments. _

Sworn before me at Cobourg
aforesaid the 21st day ral
August, 1839. ~ J

R. M. BoucuHer,
Dep. Regr.

Ge BOULTON.

J

I certify that the affidavit required by law was by me duly administered to George —
Strange Boulton, a subscribing witness to the within, as well as to the indenture to

which it relates.
R. M. BOUCHER,
Dep. Regr.

—————

Registered 26th August, at 11 a.m., Liber M., Folios 11, 12, 13, 14, Memorial No.
5622.
R. M. BOUCHER,

Dep. Regr..

Nos. 85 and 86.

Tus InpeNrurE sheweth that we, the undersigned Chiefs and Principal Men of
the Chippewa Tribe of Indians residing on Walpole Island, in the St. Clair River, in
the Province of Canada, of the first part, and Richard Theodore Pennefather, Thomas
Worthington and Froome Talfourd, Esquires, acting on behalf of the Indian Depart-
ment, of the second part, have agreed and do hereby agree that the said Indians of the —
first part surrender and yield up to Her Majesty the Queen and Her successors in office
all their right, title and property of and to a certain island situate, lying and being at |
the upper part of the River Detroit, called “ Peach Island,” to the end that the same
may be sold for our benefit.

Ix Token WHeEREOF we have hereunto affixed our hands and seals to this surrender
this twenty-first day of July, 1857, in full Council at Walpole Island, River St. Clairy a

O.W. S

Signed and sealed in our presence R. T. Penneratuer, Supt.-General.
being first read and explained. To. Wortnincton, I.C.,
ANDREW JAMIESON, Missionary, Froome TAuLFourpD, S./.A. [L.8.]
Peter Jacoss, Interpreter, PETER WEGEZHIG, (totem) ,
W. R. Barrett, OsHUK-WUH-NOO, (totem)
Witness to the signatures of Mr. Penne- IXAH-YAH-GE-WAUSH, (totem)

father and Mr. Worthington. NAWUH-JE-GEZHIG (totem)