188

Edward Baby, if he survived the said John Edward Baby, the latter of whom is
incapable of making a will. And whereas, the said Charles Baby some time since
contracted and agreed with Joseph B. Clench, Esquire (then styled Superintendent

Indian Affairs in the London District of the said Province) to sell and convey to
nim (for and on behalf of the Chiefs and Principal Men of the Oneida Tribe of
indians, settled in the Township of Delaware aforesaid) the lands, hereditaments and
premises hereinafter mentioned and described, and intended to be hereinafter granted
and released, with the appurtenances, and he thereupon duly made and executed w:to
the said Joseph B. Clenech his certain bond or obligation in writing under his hand
and seal, of which the following is a copy : “Know all men by these presents, that I,
Charles Baby, of the Town of Sandwich, in the Western District of the Province of
Canada, Esquire, am held and firmly bound unto Joseph B. Clench, of the Township
of Delaware, in the London District of the said Province of Canada, Esquire, Sup-
erintendent of Indian Affairs, and his successors in office, in the penal sum of six
hundred pounds of lawful money of the Province aforesaid, to be paid to the said
Joseph B. Clench and to his successors in office, for which payment well and truly
to be made I bind myself, my heirs, executors and administrators firmly by these
presents, sealed with my seal, dated at Montreal this twenty-third day of June, onv
thousand eight hundred and forty-six. The condition of this obligation is such, that
if the above bound Charles Baby, his heirs, executors or administrators do and shall
well and truly convey, or cause to be well and truly conveyed unto the said Joseph
B. Clench, as such Superintendent as aforesaid, and his sucaessors in office, all and
singular those certain parcels or tracts of land and premises situate, lying and being
in the Township of Delaware, in the London District aforesaid, and known as the
east half of lot number ‘twenty-one’ in Concession B, and lot number ‘twenty-two’
in Concession B, containing in all three hundred acres, by a deed in fee simple free
from all incumbrances within the period of one year from that date, then this obli-
gation is to be void, or else to remain in full force, virtue and effect.”

“ And provided the said Joseph B. Clench as such Superintendent as aforesaid
shall pay, or cause to be paid unto the said Charles Baby, the sum: of three hundred
pounds on the delivery of this obligation.” And whereas the said Joseph B. Clench
duly paid unto the said Charles Baby the said sum of three hundred pounds men-
tioned in the proviso at the end of the said bond, and the said Chiefs and Principal
Men of the Oneida Tribe of Indians were then let into and have ever since had full
possession of the said lands, hereditaments and premises. And whereas the said
James Baby being desirous of confirming the said sale to the said Joseph B. Clench,
did on the eighteenth day of May, one thousand eight hundred and forty-six, duly
execute under his hand and seal a certain deed to or in favour of the said Charles
3aby in the following words (that is to say): “ Whereas, Charles Baby, of the Town
of Sandwich, in the Western District, Esquire, has been appointed a committee of
the person and real estate of John Edward Baby, a lunatic, by a decree of the Gourt
of Chancery, of the Province of Upper Canada : And whereas, I, James Baby, of the
City of Toronto, in the Home District, Esquire, being the heir-at-law of the said
John Edward Baby, desire that all further proceedings, should be staid 1m the said
court, for the purpose of saving costs, and at the same time to consent with the rest
of the heirs of my late father, the Honourable James Baby, that the person and
estate of the said John Edward Baby should be put under the control of the said
Charles Baby, in order that he may sell and dispose of any of the said real estate as
he may think proper, and to such person as he may think best, and for such price or
prices as he thinks proper, now I do by these: presents ratify and confirm all acts
done and to be hereafter done by the said Charles Baby in the premises.”

A memorial of which said deed was duly registered in the County of Middlesex,
in the London District, on the third day of October, one thousand eight hundred and
forty-six, as will appear on reference to the records in the Registrar’s office there.

And whereas, the said Joseph B. Clench hath (by an endorsement on these pre-
sents) requested the said Charles Baby to make and execute a proper conveyance of
189

the said lands and premises to Her said Majesty in full satisfaction of the condition
of the said Charles Baby’s bond, with which request the said Charles Baby hath
agreed to comply.

Now this Indenture witnesseth, that for the purpose of carrying the said agree-
ment into effect and in consideration of the said sum of three hundred pounds having
been so paid and advanced by the said Joseph B. Clench (as Superintendent as afore-
said) to the said Charles Baby, as is hereinbefore mentioned and recited (which fact
and payment the said Charles Baby doth hereby admit and acknowledge), and also
in consideration of five shillings to the said Charles Baby now paid by Her Majesty
(the receipt whereof is hereby acknowledged), he, the said Charles Baby (at the
request of the said J oseph B. Clench, testified by his signing the indorsement on this
deed) hath granted, bargained, sold, aliened, released and conveyed, and by these
presents doth grant, bargain, sell, alien, release and convey unto Her said Majesty the
Queen, and to Her heirs and successors for ever, all those certain parcels, or tracts
of land, situate, lying and being in the Township of Delaware, in the London District,
known and deseribed as the east half of lot number “twenty one,” in Concession B,

in the Township of Delaware aforesaid.
And also lot number “ twenty-two,” in the same concession and township, im

the County of Middlesex, and London District aforesaid, containing in the whole
three hundred acres (be the same more or less), all which said lands and _ heredita-
ments are now in the tenure and occupation of the said Oneida Indians or their
under tenants; together with all houses, outhouses, edifices, buildings, woods,
underwoods, waters, watercourses, ways, rights, privileges, members and appurten-
ances whatsoever, to the said lands, hereditaments and premises belonging, or in any
wise appertaining or reputed to belong thereto, and the reversion and reversions,
remainder and remainders, rents, sssues and profits of the said hereditaments and
premises, and every part thereof, and all the estate, right, title, use, trust inheritance,
interest, property, possession, benefit, claim and demand whatsoever, both at law
and in equity, of him the said Charles Baby, of, in, to and out of the said lands, here-
ditaments and premises and every part and parcel thereof. To have and to hold the
said lands, hereditaments and premises hereinbefore granted, with their rights, mem-
bers and appurtenances unto Her said Majesty Queen Victoria, Her heirs and suc-
seccors, freed and discharged from all incumbrances whatsoever, in trust, nevertheless,
to and for .the use, benefit and behoof of Moses Schuyler (Head Chief) Abraham
W. Sickles, Cornelius Treland, William Day, William Elm, Elijah Williams and
August Cornelius, Chiefs and Principal Men of that part of the Oneida Tribe of
Indians settled in the Township of Delaware aforesaid, and their heirs. And the
said Charles Baby doth hereby for himself, his heirs, executors and administrators,
covenant, promise, grant and agree with and to Her said Majesty the Queen, Her
heirs and successors, in manner following (that is to say) : That he, the said Charles
Baby, hath now in himself good right, full power and lawful and absolute authority
to grant, bargain, sell, release and convey the said lands, hereditaments and premises
with the appurtenances, in the manner aforesaid, unto Her said Majesty, Her heirs
and successors in trust aforesaid, and according to the true intent and meaning of
these presents. And also that the same lands and hereditaments are free from all
incumbrances whatsoever made, done or committed by him, the said Charles Baby,
or the said John Edward Baby, or any of their, or either of their ancestors, or any
person or persons claiming through or under him, them, or aay of them, and also
from all judgments, extents and executions. And also that Her said Majesty, Her
heirs and successors, and every other person and persons claiming under Her or
them, shall and may from time to time, and at all times hereafter, peaceably and
quietly enter into, have, hold, use, occupy, possess and enjoy all and singular the
said hereditaments and premises, with the appurtenances, without any let or hinder-
ance of him the said Charles Baby, his heirs or assigns, or any person OF persons

claiming under him, or them or any of them.
And further, that he, the said Charles Baby, and his heirs, and all and every
190

other persons and person, and his and their heirs, having or lawfully claiming any
estate, right, title, trust or interest of, in, to or out of the said lands, hereditaments
and premises, hereinbefore granted or intended so to be, by, from, through or under
him or them, or any of them, shall and will at all times hereafter, upon the reason-
able request of Her said Majesty, Her heirs and successors, Her cestuique trusts
make, do and execute, or cause and procure to be made, done or executed, all and
every such further and other acts and deeds for the further, better and more perfect
granting, conveying and assuring all and singular the said hereditaments and pre-
mises with the appurtenances unto the said Queen, Her heirs and successors, in trust
as aforesaid as by Her said Majesty, Her heirs and successors, or Her or their counsel
in the law, shall be reasonably advised and required.

And this Indenture also witnesseth that the said Mary Baby (wife of the above
named Charles Baby), for the considerations aforesaid, and also in consideration
of ten shillings, now paid to her by the said Queen (the receipt whereof is hereby
acknowledged), hath remised, released, and forever relinquished, and by these presents
doth remise, release and forever relinquish unto Her said Majesty the Queen, Her
heirs and successors, all dower, right and title to or in dower whatsoever, which she,
the said Mary Baby, in the event of her surviving her present husband, the said
Charles Baby, may, can, or might, or of right ought to have, claim or demand in, to or
out of the lands, hereditaments and premises hereinbefore bargained and sold, or in-
tended so to be, with their appurtenances or any part thereof, and all and all manner of
actions and suits, writ and writs of dower, both at law and in equity whatsoever, for
or in respect of the same hereditaments and premises, and every or any part thereof.

Ix Wirness WuHeErEorF, the said Charles Baby and Mary, his wife, have hereunto
set their hands and seals the day and year first above written.

Signed, sealed and delivered) CHAS: BAB. [L.S.]
in presence of MARY BABY. [L.8.]
JOHN Prince, The Park Farm, W.D.,
CHARLES Wicarns, of Sandwich, Gent.

I do hereby request the within named Charles Baby to make and execute the
condition of his bond to me (within mentioned), to Her Majesty Queen Victoria,

Her heirs and successors, in trust for the Oneida Indians, as within mentioned, in
lieu of to me.

Witness my hand this 19th December, 1848.

Witness: | J. B. CLENCH,
Rost. F. Keays. Superint. Indian Affairs.

I hereby certify that a memorial of the within deed was recorded in the office
of Registrar for the County of Middlesex, the 19th day of March, A.D. 1849, at
twenty minutes past eleven o’clock a.m., in Lib. A for Delaware, Folio 78.

JOHN Prince, Q.C., . H. BURWELL,
The Park Farm, Sandwich. Registrar.

OFFICE OF THE SECRETARY OF STATE FOR CANADA,
ReEcIstRAR’S Brancu, Orrawa, 27th April, 1868.
I hereby certify that this Indenture has this day been entered on the records
of this office in Lib. C.S., Folio 341.

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

DEPARTMENT OF THE SECRETARY OF STATE OF CANADA,
REGISTRAR’S BRANCH, Orrawa, 8th January, 1887.

I hereby certify the within to be a true and faithful copy of the record of the
original deed of conveyance to the Crown as entered in Liber C.S., Folio 341.

LA. CATERER,
Dep. Registrar-General of Canada.