Sa -— wa ee

That no Indian was present or voted at such council or meeting who was not an
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 deponents at THOS. WHITH,
the village of St. Regis, in the his
County of Huntingdon, this 16th{ — ALEXANDER x THOMPSON.
day of February, A.D. 1888. mar
G. Lone, !
Agent. ’

Recorded 9th April, 1888.
Lib. 94, Fol. 206.

L. A. CaTELLIER,
Dep. Registrar-General of Canada.

No. 254.

Tus IxpenTURE, made the fifth day of November, in the year of Our Lord one
thousand eight hundred and eighty-seven, between Hiram A. C. Spinney, of Boston,
in the State Massachusetts, United States of America, Yeoman, and Ann Spinney,
his wife, and George Willett, of Yarmouth, in the County of Yarmouth, in the Pro-
vince of Nova Scotia and Dominion of Canada, Yeoman, of the one part, and Her
Majesty the Queen, represented in this behalf by the Honourable Thomas White, Her
Majesty’s Superintendent-General of Indian Affairs for the Dominion Canada, of the
other part.

Witnesseth, that the said Hiram A. C. Spinney and Ann Spinney, his wife, and
George Willett, for and in consideration of the sum of'two hundred dollars of lawful
money of Canada to them in hand well and truly paid by. Her said Majesty the
Queen, represented as aforesaid, at or before the sealing and delivery of these presents,
the receipt whereof is hereby acknowledged, have and each of them hath surrendered,

and bounded and described as follows, viz. :—
Beginning on the eastern side of the said Starr’s Road, at a stone bound and a

hacmatack square post marked “I.R.” at the south-western corner bound of land
now or formerly of the estate of Joseph B. Bond, deceased ; thence running north
twenty-four degrees and forty-five minutes, west by said Starr’s Road seven chains
and fifty links to.a stone bound and a hacmatack squarred post marked “I.R.” at the
south-eastern corner bound of land of Benjamin F. Rogers ; thence north sixty-three
degrees seven minutes and thirty seconds, east by said land of said Benjamin F. Rogers
and land of Joseph J. Brown twenty-eight chains and twenty-five links to a stone
bound and a spruce squared post marked “1.R.” on the western line of land belong-
ing now or formerly to the estate of the late Israel Lovitt, Jr.; thence south twenty-
four degrees forty-five minutes, east in company with said line of said Lovitt’s land
and by the western line of James Lambert’s land, seven chains and fifty links, to a
stone bound and squared spruce post marked “I.R.” on the north-western corner of
the said land now or formerly of the estate of the late Joseph B. Bond, deceased ;
thence south sixty-three degrees seven minutes and thirty seconds, west by said
Bond’s land twenty-eight chains and twenty-five links to said Starr’s Road and the
place of beginning. Being the lands and premises marked “ Indian Reserve ” on the
plan herewith, and to which reference is here made for a further description of the
location and boundaries of said lot. Excepting and reserving to James Lambert, his

PLAN

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heirs and assigns, the right of passing and repassing by himself, his family, servants,
egents and employés, on foot and with carriages, horses, oxen and teams laden and
unladen, on, over and through a certain cart road, one rod wide wherever it rums
cver or across said land and premises and as delineated on said plan to which refer-
ence is here made for a further description of the location of said cart road.

Together with all and singular the buildings, hereditaments, easements and
appurtenances to the same belonging, and the reversions, remainders, rents, issues
and profits thereof, and all the estate, right, title, interest, claim and demand of the
said Hiram A. C. Spinney and Ann Spinney, his wife, and George Willett, of, in or
to the same: To have and to hold the said above granted and described lands and
premises with the appurtenances unto and to the use of Her said Majesty the Queen,
Her heirs, successors and assigns forever. :

And the said Hiram A. C. Spinney and Ann Spinney, his wife, and George
Willett, for themselves, and each of them for himself and herself, their, and each of
their heirs, executors and administrators, do hereby covenant with Her said Majesty
the Queen, Her heirs and assigns, that they, the said Hiram A. C. Spinney end
Ann Spinney, his wife, and George Willett, have a good, sure, perfect and inde-
feasible estate of inheritance in fee simple in the said land and premises, and have
also good right, full power and absolute authority to grant and convey the same in
manner and form aforesaid, according to the true intent and meaning hereof, and
that the same are free from encumbrances.

And also that the said Hiram A. C. Spinney and Ann Spinney, his wife, and
George Willett and their heirs, the said land and premises unto Her said Majesty the
Queen, Her heirs, successors and assigns, against the lawful claims and demands of
all persons, shall and will by these presents warrant and forever defend.

Ix Wrrxess Wuereor, the parties to these presents have hereto set their hands

Signed, sealed and delivered, in the pre-] He AC. SPINNEY, se
sence of, by the said Heras eA C. ANN SPINNEY, PES
Spinney and Ann Spinney, his wife. J GEORGE WILLETT. pissy

JoHN P. FITZGERALD,
Clerk, 267 South 4th St., Philadelphia, U.S.A.

Signed, sealed and delivered by the said|
George Willett in the presence of §

CLIvE CROSBY.

—_—

T, Robt. Chas. Olepperton, Her Britannic Majesty’s Consul at Philadelphia,
certify that on the sixth day of December, A.D. 1887, John P. Fitzgerald, a sub-
seribing witness to the foregoing Indenture, made oath before me that the same was
signed, sealed and executed in his presence by the therein named Hiram A. C.
Spinney, and Ann Spinney, his wife. And I do hereby further certify that on the
date aforesaid appeared personally before me the subscriber, Ann Spinney, wife of
the within named Hiram A. C. Spinney, and having been examined by me, separate
and apart from her said husband, acknowledged that she freely, and uncompelled by
him, signed and executed the said Indenture for the uses and purposes therein
written and expressed.

Ix Testimony Wuerzor, I have hereunto set my hand and caused the seal of
my said office to be affixed, this sixth day of December, A.D. one thousand eight

hundred and eighty-seven. "
By the Consul,

CHARLES CLEPPERTON,
Acting Vice-Consul.

i—36

234.

| certify that on the fourteenth day of December, A.D. 1887, personally came
end appeared Clive Crosby, subscribing witness to the foregoing Indenture, made
oath before me that the same was signed and executed in his presence by the therein
named George Willett.
LEWIS CHIPMAN,
Notary Public and Barrister
of the Supreme Court of Nova Scotia.

Deep from George Willett, Esq., and Annie. Willett, spinster, of Yarmouth, N.S., heirs
of Thos. Willett, deceased, to Indian reserve lot in Yarmouth, N.S., described as
follows, to wit:

Beginning on eastern side of Starr’s Road, at a stone bound and a hacmatack
squared post marked “I.R.,” at the south-western angle of land owned by estate of
Jos. B. Bond, deceased; thence north 24° 45”, west of said road 7 chains and 50
links to a stone bound and hacmatack squarred post mark “I.R.,” at the south-
eastern angle of land owned by Benjamin F. Rogers; thence north 63° 7 30”, [. in
company with the said Benjamin F. Rogers and Capt. Joseph Brown’s land, 28 chains
and 25 links to a stone bound and a spruce squared post marked “I.R.,” on western
line of land belonging to the estate of the late Israel Lovitt, Jr.; thence south 24° 45”,
E. in company with said line of Lovitt land and by western line of James Lambert’s
land 7 chains and 50 links to a stone bound and squaréd spruce post marked “ I.R.,”
on north-western angle of the said Jos. B. Bond’s land; thence south 63° 7 30”, W. in
company with the Bond land 28 chains and 25 links, to the place of beginning; con-
taining 21%6 acres, subject to a cart road over said lot, as marked on the plan, one
rod wide, used by James Lambert and his family for upwards of twenty years.

P. LENT. HATFIELD,
No. 19522. Dy. Surveyor.

ABSTRACT ‘TITLE.

“ Willett Property,” on Starrs’ Road, near the Town of Yarmouth, at present occupied
by Indians as Squatters.

1st Deed.—Heman Rogers and Emily Rogers, his,wife, to Thos. Willett, dated
January 1st, 1872, and registered in office of Registry of Deeds, Yarmouth, in Book
An., page 136; consideration, $220. Description: “A lot of land adjoining Pitman’s
or Starrs’ Road, so-called, it being a part of Thomas Rogers’ first division, Lot No.
39, on said road, containing in all twenty acres, and bounded as follows, viz.: On
the north by Joseph Lambert’s land; on the east by Joseph Bond’s land; on the
west by Joseph Brown’s land, and on the south by Starrs’ Road.” Warranted.

Ind Deed.—Benjamin Rogers, Senr., to Heman Rogers, dated April 22nd, 1859,
and registered at Yarmouth aforesaid, in Book A. K., page 653; consideration, £15.
Description: “Marsh land and two-fifths of a lot of land adjoining Pitman’s or
Starrs’ Road, being part of Thos. Rogers’ first division, Lot No. 39 on said road, con-
taining in all twenty acres.”

3rd Deed.—Benjamin Rogers, Senior, to Heman Rogers, dated August 22nd, 1859,
and registered at Yarmouth aforesaid in Book A. K., page 654; consideration, £35.
Description: “Other lots, and twelve acres of land fronting on Starrs’ or Pitman’s
Road, being three-fifths part of Thos. Rogers’ first division, Lot No. 39, set off to
Lydia Sanders out of her father’s (Cornelius Rogers) estate (see division deed filed
in Probate Office, 1817) the same having been transferred to Benjamin Rogers by
the same Lydia Sanders and her husband.” Warranted.

Mortgage above and other lots, Heman Rogers and Elizabeth, his wife, to Ben-
jamin Rogers, dated Angust 22nd, 1859, and registered at Yarmouth aforesaid, in
Book A. K., page 657; consideration, £235; instalments, £26 a year, nine years.

é eet.
PENA GR. LE?

Scale of Chains
x 235

Se eee

Ath. Division estate of Cornelius Rogers, on file in Probate Office, dated April
17th, 1817: “12 acres of land onyPitman’s or Starrs’ Road, being three-fifths of Lot
No. 39, first division,” set off to Lydia Sanders, wite of Nathaniel Sanders.
5th. Township plan shows Lot No. 29, first division, set off or granted to Thomas
Rogers.

N.B.—We find no deed on record to Benjamin Rogers, except the reference in
Deed Three that Lydia Sanders and her husband had transferred three-fifths of said
land to said Benjamin Rogers. We are informed that Cornelius Rogers is a son of
Thomas Rogers. Our records from {825 back are very defective, and the Index
books contain no grantee side back of that date. The mortgage referred to under
Deed Three (3) was, no doubt, paid and settled when due, as Benjamin Rogers, Sen-
ior, has been dead and his estate settled some 20 years. The heirs of estate of Ben-
jamin Rogers are, some of them, dead and some of them scattered, and it would be
now impossible to obtain a release. We have made careful enquiry with reference
to this property, and have no doubt title is vood, although defective on the records.

We would recommend that the property be run out by a surveyor and a plan of
same made.

Yours, etc.,

« CORNING & CHIPMAN.

Province or Nova Scotia,
REGISTRAR’S OFFICE, YARMOUTH, December 17th, 1887.

I certify that at ten o’clock a.m. of this day the foregoing instrument and plan
was duly registered, pursuant to law, on the oath of John P. Fitzgerald and Clive

Crosby, the subscribing witnesses, per certificates, Book B. P., pages 378, 874, 375, 376,
im 377, 378.

Recorded 1st May, 1888,) ADELAIDE MURRAY,
Tipe 127) 5Rol:- 186... | Registrar.

L. A. CATELLIER,
Dep. Registrar General of Canada.

ae

No. 255.

Crown Lanp Orricr, Hauirax, N.S., 6th Sept., 1888.

Sir,—In reply to your communication respecting the errors in the plan marked
B, attached to the enclosed patent, I beg to say the surveyor’s plan was made on a
scale of two chains to an inch, and was comparatively correct, but as it was rather
large and cumbersome I employed a clerk to reduce it, with the result stated by you.

After a patent has been executed and delivered we cannot make any corrections.
Where“a change is absolutely necessary the patent is released and another, with the
necessary alterations, is issued. In this case I do not consider it necessary to issue
a new patent, for it does not appear to me that the incorrect plotting will affect the
validity of the title. If, however, you consider it necessary, and send us a release,
a new patent will be made out.

L attached a copy of the original plan to the patent.

I have the honour to be, Sir,
Your obedt. servant,

| JAMES H. AUSTIN.
L. VANKOUGHNET, Esq., Ottawa.

1—363