No. 684. To all to whom these presents shall come: Reynold Rogers, of Tuscarora, in the Gore District and Province of Canada, yeo- man; and Benjamin Rogers, of Townsend, in the Talbot District, in the Province of Canada, yeoman, send greeting: Whereas the Indian Department in and for the Province of Canaaa have been in treaty with the said Reynold Rogers and Benjamin Rogers for the transfer and surren- der to Her Majesty, Queen Victoria, in trust for the Six Nations Indians, of the mills, water privileges, buildings and improvements of the said Reynold Rogers and Benjamin Rogers, situated in the Townships of Townsend and Tuscarora, on and near to the line between the said townships, and also of their interest in the lands connected therewith, and on which the same are situate, being lots numbers twenty-two and twenty-one, and part of lot number twenty, in the second concession of the Township of Townsend, in the District of Talbot, in said Province, and the south halves of lots numbers twenty- eight and twenty-nine, in the Township of Tuscarora, in tne Gore District, in the said Province, which transfer and surrender the said Reynold Rogers and Benjamin Rogers have agreed to make; and whereas a reference was made by and on behalf of the said Indian Department, and said Reynold Rogers and Benjamin Rogers, to John Jackson, Thomas Pierre and William Walker, to decide what amount should be paid to said Reynold Rogers and Benjamin Rogers for said transfer and surrendes, and they have since decided and awarded that the sum of nine hundred and six pounds and ten shil- lings be paid and allowed for and in respect of the said lands and improvements in Townsend; and the further sum of four hundred and eighty-six pounds and ten shillings - for and in respect of the said lands and improvements in Tuscarora aforesaid. And whereas the said Reynold Rogers and Benjamin Rogers have by deed bearing even date herewith already surrendered and yielded up to Her said Majesty, Her heirs and suc- cessors, in trust for the Six Nations Indians, all their right and title in said lots num- bers twenty-one and twenty-two in said second concession of Townsend aforesaid, and the mills, buildings and improvements thereon, the consideration in which said last mentioned deed is stated to be eight hundred pounds, and which is hereby declared to be part and parcel of the said sum of nine hundred and six pounds and ten shillings awarded to be paid for the surrender of all the said lands and premises, with the im- provements, in Townsend aforesaid. Now THESE Presents WITNEss, that the said Reynold Rogers and Benjamin Rogers for and in consideration of the said sum of nine hundred and six pounds and ten shil- lings (and which said sum also embraces and includes the consideration for the said last mentioned surrender, as before stated), and in pursuance of the said agreement, | which said sum of nine hundred and six pounds and ten shillings is now in hand paid to the said Reynold Rogers and Benjamin Rogers by and on behalf of Her said Majesty, and the receipt whereof they, the said Reynold Rogers and Benjamin Rogers, and each of them, do hereby acknowledge, have eranted, bargained, sold, conveyed, released, enfeoffed, surrendered, yielded up and confirmed, and by these do and each of them doth grant, bargain, sell, convey, release, enfeoff, surrender, yield up and confirm unto Her said Majesty Queen Victoria, 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 Townsend, in the County of Norfolk, in the District of Talbot and Province of Canada, containing by estimation twelve acres of land, be the same more or less, being composed of a central part of the north half of lot number twenty in the second con- Ig cession of the Township of Townsend aforesaid, which said parcel of land is bounded | as follows, that is to say: Commencing where the easterly side of said lot would inter- | sect the northerly edge of the waters of the mill pond upon said half lot, allowing the Pe waters of said mill pond to be raised to the height of twelve feet above the natural level ie of the waters of Malcolm’s Creek, below the mills now or lately owned or occupied by | said Reynold Rogers and Benjamin Rogers; thence south fifteen degrees and forty | minutes east seven chains, or be the distance more or less, to the southerly edge of the waters of said mill pond, allowing the same to be raised to the height before mentioned; thence bounding on the southerly edge of the waters of said mill pond, allowing the same to be raised to the height before mentioned, the several windings and turnings thereof in a north-westerly direction, be the distance more or less, to the westerly side line of said lot; thence north fifteen degrees and forty minutes west, be the distance more or less, to the northerly edge of the waters of said mill pond, allowing said waters to be raised to the height before mentioned; and thence bounding on the northerly edge of the waters of said mill pond, allowing the same to be raised to the before mentioned height in a south-easterly direction, the various turnings thereof, be the distance more or less, to the place of beginning. Together with all houses, outhouses, waters, ways, water-courses, buildings and other improvements thereon, erected, lying and being, and all and singular the privileges and appurtenances thereunto belonging or appertain- ing, and all the estate, right, title, interest, claim, property and demand whatsoever of them, the said Reynold Rogers and Benjamin Rogers, and each of them, of, in, to and out of the same. To have and to hold the same to Her said Majesty, Her heirs and suecessors forever, to Her and their use and benefit, but in trust nevertheless for the Six Nations Indians, and subject also to the reservaticns contained in the deed - of conveyance of the said parcel or tract of land from one Matthias Woodley to them the said Reynold Rogers and Benjamin Rogers. And these presents further witness, that the said Reynold Rogers and Benjamin Rogers, for and in consideration of the said sum of four hundred and eighty-six pounds and ten shillings to them in hand paid by and on behalf of Her said Majesty, the receipt whereof they and each of them do hereby acknowledge, have granted, bargained, sold, conveyed, released, surrendered, yielded up and confirmed, and by these presents do and each of them doth grant, bargain, sell, convey, release, surrender and yield up and con- firm unto Her said Majesty Queen Victoria, Her heirs and successors, forever all the right, title, interest, claim, property and demand whatsoever, both at law and in equity, of them and each of them, the said Reynold Rogers and Benjamin Rogers, of, in, to and out of all and singular those certain parcels or tracts of land and premises situate and being in the Township of Tuscarora, in the Gore District in the Province aforesaid, being composed of the south halves of lots numbers twenty-eight and twenty-nine in the first concession of the said Township of Tuscarora; and also of, in, to and out of all and singular all ponds, reservoirs, dams, woods, ways, waters and water-courses, and all clearings, mills, houses, outhouses and other buildings, and all other improvements whatsover thereon erected, lying and being, and all privileges and appurtenances, there- unto belonging or appertaining, and the rents, issues and profits thereof. To have and to hold the same to Her said Majesty Queen Victoria, Her heirs and successors forever, to Her and their sole use forever, but in trust nevertheless for the Six Nations Indians. And whereas some of the mills, dams, buildings and other the premises and improve- ments intended to be surrendered and yielded up, and for which the said sums of money above specified are paid, may be situated in part upon the town line allowance for road or common between the said Townships of Townsend and Tuscarora, but it was and is nevertheless understood and agreed that they are to be included in this assignment and surrender. Now these presents further witness, that the said Reynold Rogers and Ben- jamin Rogers, for and in consideration of the said sums of money above specified, and of the further sum of five shillings to them in hand paid by and on behalf of Her said Majesty and the receipt whereof they and each of them do hereby acknowledge, have granted, bargained, sold, conveyed, released, surrendered, yielded up and confirmed, and by these presents do and each of them doth grant, bargain, sell, convey, release, surrender, yield up and confirm unto Her said Majesty, Her heirs and successors, all the right, title, interest, claim, property and demand whatsoever, both at law and in equity, of them the said Reynold Rogers and Benjamin Rogers, and each of them, of, in, to and out of all and singular the said town line allowance for road. common, a parcel of land lying and being between the said Townships of Townsend and Tus- carora, and also of, in, to and out of all and singular all ponds, reservoirs, dams, woods, ways, waters and watercourses, and all clearings, mills, houses, outhouses and all other buildings and improvements whatsoever thereon erected, lying or being and all privileges and appurtenances thereunto belonging or appertaining, and the rents, issues and profits thereof. To have and to hold the same to Her said Majesty Queen Vic- toria, Her heirs and successors, to Her and their sole use forever, but in trust never- +heless for the said Six Nations Indians. And the said Reynold Rogers and Benjamin Rogers do hereby, for the consideration aforesaid and in consideration of the further sum of five shillings to them in hand paid by and on behalf of Her said Majesty, the receipt whereof is hereby acknowledged, assign, transfer and set over to Her said Maj- esty Queen Victoria, Her heirs and successors forever, in trust as aforesaid, all the rights, privileges and powers of raising the water in the stream or creek, streams or creeks, supplying the said mills, and of overflowing lands adiacent thereto in the said Townships of Townsend and Tuscarora, which they, the said Reynold Rogers and Ben- jamin Rogers, or either of them, now have or possess, and in as full and ample a man- ner as they or either of them now lawfully or rightfully may or might or could ex- ercise or enjoy the same. And the said Reynold Rogers and Benjamin Rogers do hereby, for themselves end their heirs, executors and administrators, covenant and agree to and with Her said Majesty, Her heirs and successors, in manner following, that is to say; that for end notwithstanding any act, deed, matter or thing by them or their ancestors made done or committed, or knowingly suffered to be done or committed, they are now seized in fee simple of the said parcel or tract of land in Townsend hereinbefore mentioned and described, as containing twelve acres more or less, and have good right and lawful authority to convey and surrender the same as aforesaid, subject however to the re- servations hereinbefore mentioned and referred to, and also that they have not nor hath either of them at any time heretofore done or committed or knowingly suffered to be done or committed any act, deed, matter or thing whereby or by means or reason whereof any right, title, interest, claim, privilege, property or demand whatsoever, either at law or in equity, which they or either of them at any time heretofore had, held, possessed or enjoyed, of, in, to or out of the said parcel of land in Townsend last mentioned, or the said south halves of lots numbers twenty-eight and twenty-nine 17 the first concession of Tuscarora aforesaid, or of in, to, or out of the said town line sllowance for road, common or parcel of land between said townships and hereinbefore mentioned, or either of them, or any part thereof, or of, in, to or out of any ponds, reservoirs, dams, woods, ways, waters, water courses, clearings, mills, houses or other buildings or improvements whatsoever now thereon erected or being, or any privileges or appurtenances thereunto belonging or appertaining, hath been or at any time here- after may or can be sold, assigned, transferred, charged, changed, incumbered or de- feated. And also, that they, the said Reynold Rogers and Benjamin Rogers, and each cf them, and all persons and tenants holding of, from, by or under them, or either of them, shall and will at and immediately after the execution of these presents quietly vield and surrender up possession to Her said Majesty, Her heirs or successors, or to Her or their authorized agent in this behalf, of all and singular the said pareels or tracts of land and premises and each and every of them, hereinbefore mentioned, and «£ all ponds, reservoirs, dams, woods, ways, waters, watercourses, clearings, mills, houses, outhouses and other buildings and improvements whatsoever, erected, situate, or being thereon, and all privileges and appurtenances thereunto belonging or apper- taining in their or any of their custody, holding or possession. And lastly, that they _ the said Reynold Rogers and Benjamin Rogers, and each of them, and all persons claiming under them or either of them, shal] and will at the reasonable request and ¥ at the proper cost and charges of Her Majesty’s Attorney General, or the Attorney General for the time being for Upper Canada, make, do and execute all further acts, deeds, conveyances and assurances in the law whatsoever for the further, better and more perfect assigning, surrendering and yielding up and conveying to Her said Majesty, Her heirs and successors, of the said lands and other the premises, mills and _ improvements hereby assigned, surrendered and yielded up, according to the true in- 176 a tent of these presents, as by the said Attorney General for the time being shall be reasonably advised or required. ¢ ti In Wirxess Wuereor, the said Reynold Rogers and Benjamin Rogers have here- — unto set their hands and seals the tenth day of August, in the year of Our Lord one — thousand eight hundred and forty-nine. My Signed, sealed and delivered i RryNnoLtp RoGers, [L.S-] | presence of BENJAMIN ROGERS. pLas>)