° 257

of the White Fish River Reserve, on the north shore of Lake Huron, for whom the
said reserve was set apart (retaining that portion of it which forms a peninsula, as
shown upon the tracing which accompanies the surrender. )

The Hon. the Chief Superintendent recommends that the same be accepted,
with a view to the land embraced by it, being disposed of for the benefit of the band
for whom the reserve was set apart. :

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

Certified.
WM. H. LEE,
CE...
To the Honourable

The Provincial Registrar,
&e., &e., &e.
PROVINCIAL REGISTRAR’S OFFICE,
Ortawa, 14th June, 1867.

I hereby certify that this copy of a report was duly entered on the records of
this office in Lib. C.S., Folio 302.
GEO. H. LANE,
Deputy Provincial Registrar.

No. 110.
CANADA.

[L.S.] Moncxk.

Victoria, by the Grace of God of the United Kingdom of Great Britain and Ire-
land, Queen, Defender of the Faith, &., &., ke.

To all to whom these presents shall come, or whom the same may concern,

GREETING :—

H. BERNARD, | WHEREAS, by an agreement made on the ninth day of
Deputy of the Minister of}July, in the Year of Our Lord, one thousand eight
Justice of Canada. | hundred and sixty-seven, between the Chiefs and Prin-

cipal Men of and belonging to the band of Indians living on and being interested in
the Indian Reserve known as the Garden River Indian Reserve, in the District ot
Algoma, of the first part, and Us, Our heirs and successors, in trust as thereinafter
set forth, of the second part, reciting that a certain society, known as the Société de
Jésus, by their missionary then resident in the said Garden River Indian Reserve,
had promised and agreed with the said Indian Chiefs and Prncipal Men, to erect a
water power grist mill and mill premises on the said reserve, whereby the Indians
resident on the said reserve might be allowed and enabled to grind such corn as
they might grow, and for that purpose it was necessary that a water power mill
privilege with a certain amount of land thereto adjoining requisite and necessary for
such mill premises, should be obtained on the said reserve.

And further, that the site had been chosen and selected and an agreement made
with the said Chiefs and Principal Men to erect thereon the said mill and the
premises for the objects aforesaid. |

And further, that the parties of the first part were anxious and desirous that the
said mill and premises should be erected, and were willing to grant and surrender
to Us, in trust to enable Us to grant the same by patent. |

It is witnessed, that the parties of the first part for and on behalf of the Garden
River Band of Indians did grant and surrender to Us, Our heirs and successors for
ever, all and singular that certain water power and mill site and privilege or tract of
land and premises hereinafter particularly mentioned, to hold the same unto Us, Our
heirs and successors upon trust to grant the same to the said Société de J ésus and

i—17
258

———_

their successors for ever, on condition that the said Société de Jésus erect thereon, —
at onee, the said grist mill and mill premises for the use and convenience of the |
Indians residing on the said reserve when they shall have grain to grind. ;

And whereas, in pursuance of the Act passed in the 23rd year of Our Reign,
‘ntituled “An Act respecting the management of the Indian lands and property,”
the said surrender was assented to by the Chief of the tribe or band of Indians a:
well as by the several Indians entitled to vote at the meeting or Council of the tribe
or band summoned for that purpose according to their rules, and held in the presence
of an officer duly authorized to attend such Council by the then Commissioner of
Crown Lands, as is shown by the certificate of the Judge of the Provisional Judicial
District of Algoma, and of the officer authorized to attend by the Commissioner of
Crown Lands ;

And whereas, such surrender has been submitted to and accepted by our Goy-
ernor General in Council ; .

And whereas, We think fit, in pursuance of the said surrender so accepted as
aforesaid, to declare that Our heirs and successors will hold and be possessed of the
said water privilege, mill site, mill power and premises hereinafter particularly
mentioned and described, in trust for the several purposes hereinafter mentioned,
being such as We think conducive to the benefit of the Indians and others mentioned,
and as tending to effect the objects sought to be obtained:

Now know ye, and these presents witness, that We, Our heirs and successors do
and shall, from and after the date of these presents, stand possessed of all and sin-
gular that certain water power and mill site and privilege and tract of land and
premises situate, lying and being on said Garden River Indian Reserve, in the Dis-
trict of Algoma, and which may be more particularly described as follows, that is
to say: A block of land three chains in width on each bank of the River Peltier
commencing at the mouth thereof on Little Lake George and running up on both
sides of the said river to a point touched by the upper overflow of water created by
the dam to be built for the said mill, together with all and singular the appur- —
tenances and privileges of the said mill site and the premises belonging, upon trust
for the several ends, intents and purposes hereinafter. expressed and declared, that
is to say :

ist. That all the Indians and Half-breeds of the said reserve shall, without dis-
tinction as to religious faith or creed, or any religious distinction whatever, be
entitled to and may profit by and partake in the advantages which may from time
accrue from the establishment of the said mill and to the use of the same.

and. That every donation for aiding in the construction of the proposed grist
mill shall be paid to the Reverend Auguste Kohler (Kasongideeshkamg) or to the
missionary or priest of the Société de Jésus or Jesuits for the time being to be by
him disposed of according to his or their judgment in the erection, perfecting, com-
pleting, maintenance or repairing of the said grist mill. And further, that the said
Reverend Auguste Kohler, or the missionary as aforesaid for the time being, shall
forthwith proceed to erect on the said premises and to maintain, as before mentioned,
a good and sufficient grist mill for the purpose herein ecntemplated, and that if any
sum or sums of money now or hereafter to be received for the purposes of the said
grist mill, by the missionary as aforesaid for the time being, shall exceed the amount
necessary for such purpose, then that a sum sufficient for the necessary repairs Ore
the said mill and premises shall be retained by him, and that the balance thereof :f
any, at any time, shall be disposed of for the benefit of the Indians or Half-breeds,
of the said reserve. .

8rd. That the Indians and Half-breeds of the said reserve at Garden River shall
never be called upon to give for toll, at the said mill, more than one-thirteenth of
the grain which may be brought to be ground to the said mill, and that the Indians
and Half-breeds aforesaid shall have a right to the shorts and bran arising from their
share.

4th. That the said Reverend Auguste Kohler, or the missionary as aforesaid for
the time being, shall invite the white people to aid by their contributions in the

in
2\
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490) a7oNG7e {|
ee

a
‘

259

——$—$_—_—

erection of the mill and premises unconditionally, and that any persons so aiding
shall (but after preference to the Indians and Half-breeds on the said reserve) have
and enjoy the advantages of the said mill and thie uses thereof in the grinding of
their grain according to the legal rate, but that such contributions shall not con-
stitute in themselves a right to use the said mill.

5th. That the Indians and Half-breeds of the reserve of Gardien River aforesaid
shall not seek the sale or alienation of the stream of water of the reserve which fur-
nishes water for the said mill, and that in the surrender hereby made We, Our heirs
and suecessors shall hold for the advantage of the said mill two hundred ‘feet of
ground on each side of the river as far as the great sluice two hundred feet above
and on either side the sluice and two hundred feet on each side of the mouth of the
river so far as the deep water navigable for large-sized vessels in the Bay of Little
Lake George, nor shall any establishment be at any time formed above the sluice
which may injure the mill, nor shall the Indians or Half-breeds cut or permit to be
cut any trees or underwood in or near the embankment of the said river.

6th. That the missionary for the time being as aforesaid shall have charge of
the said mill, and shall direct and regulate the use of the same according to the
provisions hereof, and shall have and regulate the use of the funds accruing from the
gaid mill, and of making contracts and purchases as well as of selling the grain
received for tolls therefor, and shall act in the same and in the management
generally in and for the general interests of the Indians and Half-breeds of the said
reserve without distinction of creed or faith, or any religious distinction whatever,
and that in the distribution of any revenue of the mill the same shall be first given
in the maintenance, repairs and support of the mill and next, in aid, to the aged and
infirm and children; provided that any management of the mill and premises and of
property and revenues thereof under this clause and of any distribution thereof shall
be subject to the confirmation of any regulations in that behalf by Our Chief Super-
intendent of Indian Affairs.

4th. That in the construction of the said mill, all the machinery which Our
Imperial Government had given in aid of establishing a saw mill shall be delivered to
the said missionary for the time being, and shall be duly placed and erected in the
said mill and as a part and for the purposes thereof.

8th. That if at any time it is considered desirable that a saw mill should be
erected on the said mill site and premises, the proposal for the same, and all regula-
tions in respect thereof shall be submitted for the approval of Our Chief Superin-
tendent of Indian Affairs. 7

Provided always, and these premises are upon thig express condition, that if
any dispute shall arise in respect to the interpretation of any of the provisions
hereof, the same shall be submitted through Our Superintendent of Indian Affairs,
to Our Governor General in Council, and the decision of Our Governor General in
Council thereupon shall from time to time be sufficient, and that upon breach of any
of the declarations or provisions hereof, these Our Letters Patent, shall become
void and of no effect.

In Testimony Whereof, We have caused these Our Letters to be made patent, and
the Great Seal of Canada to be hereunto affixed. Witness, Our Right Trusty and Well
Beloved cousin, the Right Honorable Charles Stanley Viscount Monck, Baron
Monck of Ballytrammon, in the County of Wexford, in the Peerage of Ireland, and
Baron Monck of Ballytrammon, in the County of Wexford, in the Peerage of the
United Kingdom of Great Britain and Ireland, Governor General of Canada, &e.

At Our Government House, in Our the City of Ottawa, this seventh day of July,
in the year of Our Lord, one thousand eight hundred and sixty-eight, and in the

thirty-second year of Our reign.
By command, Hector L. LANGevin,

Recorded 10th July, 1868 } Secretary of State.

Lib. G., Folio 68. f

Hecror L. LANGEVIN,
i—174 Secretary of State and Registrar General of Canada.

a Sa~ 2 ee S.

eS —
_ %

This Patent is cancelled under and by authority of an Order of the Honorable

the Privy Council dated 8th June, 1869.
HECTOR L. LANGEVIN, eee:
Secretary of State.

—_
=

The acompanying Letters Patent bearing date 7th July, 1868, constituting a
declaration of trust, vesting in the Crown for certain uses a mill site on the River
Peltier within the Garden River Indian Reserve having been submitted to the

Governor General in Council on the 8th June, 1869, and the concurrence of His

Excellency in Council in the cancellation thereof having been given, the said Letters

Patent are hereby cancelled under the provisions of the 22nd Section of the Act 28,
Victoria, chap. 2nd and the 35th Section of the Act of the Parliament of Canada 31
Victoria, chap. 42, with a view to a new and correct Patent issuing in the stead

thereof.
HECTOR L. LANGEVIN,
Secretary of State.

Ottawa, June 18th, 1869.

——————

DEPARTMENT OF THE SECRETARY OF STATE OF CANADA, ;
ReEcIstRAR’S Brancw, Orrawa, 23rd June, 1869.

Entered upon the record of the original Letters Patent as entered in Lib. G.,

Folio 68.
HECTOR L. LANGEVIN,
Secretary of State and Registrar General of Canada.

No. 111.

Tris AGREEMENT, made the ninth day of July, in the year of our Lord one thou-
sand eight hundred and sixty-seven, between the Chiefs and Principal Men of and
belonging to the band of Indians living on and being interested in the Indian Reserve
known as the Garden River Indian Reserve, in the District of Algoma and Province
of Canada, of the first part; and Her Majesty the Queen, Her heirs and successors,
in trust, for the purposes hereinafter more fully set forth, and explained, of the
second part.

Whereas a certain society, known as the “ Société de Jésus,” or Jesuits, by their
missionaries now resident on said Garden River Indian Reserve, have promised and
agreed with the said Indian Chiefs and Principal Men to erect a water-power grist
mill and mill premises on said reserve, whereby the Indians resideut on said reserve
may be allowed and enabled to grind such grain as they may grow, and for that
purpose it is necessary that a water-power mill privilege, with a certain amount of
land thereto adjoining, requisite and necessary for such mill premises, should be
obtained by the said “ Société de Jésus,” or Jesuits, on said Garden River Indian

Reserve.
And whereas the s
‘Auguste Kohler, have chosen and sel

premises as they consider sufficient an

and have agreed with the said Chiefs and Principal Men to erect thereon the said

mil] and mill premises for the object aforesaid.
And whereas the said parties of the first part are anxious and desirous that the

said mill and mill premises should be erected, and are willing to grant and surrender
to Her Majesty the Queen, in trust, to enable Her to grant by patent under the Great

Seal of the Province of Canada to the said “ Société de Jésus,” or Jesuits, and their —
successors, for ever, such mill site and premises, requisite and necessary thereto.

aid Jesuit missionaries, by their Superior, the Reverend
ected on said reserve such a mill site and mill