trators, hereby covenant, promise and agree to, and with the said His Majesty the
King, his Heirs, Successors and Assigns, in manner following, that is to say: That
it shall be lawful for the said His Majesty the King, represented as aforesaid, his
ITeirs, Successors and Assigns from time to time. and at all times hereafter, peace-
ably and quietly, to enter into the said Land and Premises, and to have, hold, oceupy,
possess and enjoy the same without the lawful let, suit, hindrance, eviction, denial,
or disturbance of, from. or by the said William Scott or any person or persons
whomsoever, lawfully claiming or to claim the same, And also that the said William
Scott has a good, sure, perfect, and indefeasible estate of inheritance in fee simple
in the said Land and Premises and good right, full power and lawful authority to
sell and convey the same, in manner and form as they are hereby sold and conveyed
and mentioned or intended so to be, and that the same are free from encumbrances.

And lastly, that the said William Scott, and his Heirs, the said Lands and
Premises and every part thereof, unto the said His Majesty the King his Heirs,
Suecessors and Assigns, against the lawful claims of all persons whomsoever, shall
and will by these presents WARRANT and forever DEFEND.

IN WITNESS WITEREOF, the parties to these presents have hereunto their
hands and seals set and affixed, the day and year first above written.
SIGNED, SHALED and DELIVERED)

in the presence of ( WILLIAM SCOTT.

Kk. M. Macnonarp \

Province of Nova Scotia)
Pictou, County S.S. (

On this 27th day of November A. 1). 1903, before me the subscriber personally came
and appeared EK. M. Macdonald a subscribing Witness to the foregoing Indenture,
who having been by me duly sworn, made oath and said that William Seott the
parties hereto, signed, sealed and delivered the same in his presence.
STRUAN G. ROBERTSON
- A Barrister of the Supreme
Court of Nova Scotia

Provinee of Nova Seotia, Registrar of Titles Office, County of Pietou, Dec. 18
1908 I certify that the within instrument was duly registered at 3.30 p.m. of the
above day in Book 136, page 777-779 on the certificate of Struan G. Robertson, Bar.
JOHN YORSTON

Registrar.

No. 483.

THIS INDENTURE wade this Seventh day of March in the year of our Lord one
thousand nine hundred and two BETWHEN ROBERT CUNNINGHAM of Port
Kssington in the Province of British Columbia, Merehant of the one part and HIS
MAJESTY KING EDWARD VII of the other part:

WHEREAS by an agreement in writing dated the fourteenth day of February.
one thousand eight hundred and eighty one, made and entered into by the said
Robert Cunningham and one Kilhone an Indian of the WKitselas Tribe and the
Reverend Thomas Crosby acting on behalf of the said WKitselas Tribe of Indians.
the said Robert Cunningham for the consideration therein mentioned and for other
valuable consideration did covenant and agree to and with the said WKitselas Tribe
of Indians to convey the land and premises hereinafter mentioned and deseribed to
the said Robert Cunningham, Kilhone, Indian, and Reverend Thomas Crosby a=
Trustees upon trust for the use of the said Nitselas Tribe of Indians their heirs and
assigns forever:
Treaty N°6,N.W.T.

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N92 l00.no 100A.

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AND WHEREAS the said Indian Kidhone died at Port Simpson on the twelfth
day of June, one thousand eight hundred and ninety five, and one Simon Wallace
was duly appointed in his stead to carry out the trusts in the said agreement men-
tioned:

AND WHEREAS disputes having arisen between the parties interested as to the
construction of said agreement and their respective rights thereunder, the said
Thomas Crosby and Simon Wallace on the twentieth day of July, one thousand
nine hundred, brought an action in the Supreme Court of British Columbia against
the said Robert Cunningham for the specific performance of such agreement:

AND WHEREAS the said action came on for trial on the twenty third day of
July, nineteen hundred and one, after hearing the evidence of some of the witnesses
produced by the plaintiffs and reading the exhibits produced, Counsel for the plain-
tiffs and defendant agreed upon a settlement of the matters in dispute and involved
in the said action:

AND WHEREAS the terms of the said settlement have been embodied in an
order of the Supreme Court of British Columbia in the said action dated the twenty
third day of July one thousand nine hundred and one, whereby it is ordered that the
said Robert Cunningham do grant and convey to His said Majesty King Edward
VII the land and premises hereinafter mentioned and described upon the trusts
therein set forth:

NOW THIS INDENTURE WITNESSETH that in consideration of the
premises and in pursuance of the said order the said Robert Cunningham doth hereby
grant and convey unto His Majesty King Edward VII his heirs and successors, ALL
those pieces or parcels of land forming part of the Townsite of Essington according
to Plan number 537 filed in the Land Registry Office at Victoria and more particu-
larly described as follows :—

FIRSTLY: Commencing at the north east corner of the block of land marked
“ Reserved ” and running southerly along the westerly boundary line ot Lorne Street
a distance of five hundred and fifty three feet (553 ft.) to the north easterly corner
of the piece of land conveyed to the Methodist Church, registered in the Land
Registry Office at Victoria in Absolute Fees Book Volume 16 Folio 283; thence
westerly along the northerly boundary line of the said Methodist Church property to
high water mark; thence northerly following the line of the shore to a point where
the southerly boundary line of Hazelton Street reaches high water mark; thence
easterly and following the southerly boundary line of Hazelton Street to the point of
commencement.

SHCONDLY: Commencing at the south easterly corner of the said block of
land marked “Reserved” and running along the western boundary line of Lorne
Street five hundred and eighty feet (580 ft.) to the south easterly corner of the said
Methodist Church property; Thence westerly along the southerly boundary line of
the said Methodist Church property to high water mark; thence southerly along the
line of the shore to a point where the northerly boundary line of Wellington Street
reaches high water mark; thence easterly and following the northern boundary line
of Wellington Street to the place of beginning, Together with all the buildings, fix-
tures, rights, easements and appurtenances thereto belonging. And all the estate,
right, title and interest of him the said Robert Cunningham in or upon the said
premises. TO HAVE AND TO HOLD all and singular the said lands, heredita-
ments and premises hereinbefore expressed to be hereby granted with their appur-
tenances unto His said Majesty King Edward VII his heirs and successors as to all
said premises excepting the portions thereof fronting on Lorne Street by a depth of
one hundred feet UPON TRUST for the use of the Kitselas and Kitsum Kalum
Tribes of Indians and the members thereof and the heirs of such as an Indian
Reservation so long as such tribes or either of them or any member thereof or any
heirs of such shall continue to exist, And from and after the extinction of such tribes
400

and the members thereof and the heirs of such and from and after the time when the
said Department of Indian Affairs shall determine that the reservation of all said
lands for the purposes of the said Kitselas and Kitsum Kalum tribes of Indians and
the members thereof and the heirs of such is no longer necessary then to the use of
the said Robert Cunningham his heirs and assigns forever. And as to the said
excepted portions of said premises, that is to say, the portion fronting on Lorne
Street by a depth of one hundred feet (100 ft.) UPON TRUST for the Kitselas and
Kitsum Kalum tribes of Indians and the members thereof and the heirs of such
members and such other Indians or Tribes of Indians and the members thereof and
the heirs of such members as the Department of Indian Affairs of the Dominion of
Canada may permit to settle and locate thereon. And from and after the extinction
of the said Kitselas and Kitsum Kalum Tribes of Indians and the members thereof
and the heirs of such, and from and after the time when the said Department of
Indian Affairs shall determine that the reservation of all said lands for the purposes
of any Indians other than the Kitselas and Kitsum Kalum Tribes of Indians and
their heirs is no longer necessary then to the use of the said Robert Cunningham his
heirs and assigns forever:

AND the said Robert Cunningham doth hereby for himself, his heirs, executors
and administrators covenant with His said Majesty King Edward VII his heirs
and successors that for and notwithstanding any act, deed, matter or thing what-
soever by the said Robert Cunningham made, done, committed or suffered, he the
said Robert Cunningham now is lawfully and absolutely seized of and in the here-
ditaments and premises hereby conveyed, or intended so to be, and now has good
right, full power, lawful and absolute authority to grant and convey the said here-
ditaments and premises in manner aforesaid for an absolute and indefeasible estate
of Inheritance in fee simple and that freed and discharged of, from and against all
uses, trusts and incumbrances, claims and demands whatsoever excupt the taxes for
the current year and as herein stated.

AND FURTHER that he the said Robert Cunningham will upon the request
and at the cost of His said Majesty King Edward VII his heirs and successors
make, do and execute all such further acts, deeds, conveyances or other assurances
in the law whatsoever for further or better conveying or assuring all or any of the
hereditaments or premises hereby granted or intended so to be with the appurtenances
unto His said Majesty King Edward VII his heirs and successors upon the trusts
and to the uses hereinbefore set forth as may be reasonably required.

IN WITNESS WHEREOF the said parties have hereunto set their hands and
seals the day and year first hereinbefore written.

SIGNED, SEALED AND DELIVERED
by the abovenamed Robert Ounning- ,
ham in the presence of R. CUNNINGHAM (L.c.]

JAMES ‘ADAMS, J.P.

LAND REGISTRY ACT.

Maker of a Deed.

I HEREBY CERTIFY that Robert Cunningham personally known to me,
appeared before me and acknowledged to me that he is the person mentioned in the
annexed Instrument as the maker thereof, and whose name is subscribed therto as
party, that he knows the contents thereof, and that he executed the same voluntarily,
and is of the full age of twenty-one years.
401

IN TESTIMONY whereof I have hereto
set my Hand and Seal of Office, at Port
Essington B.C. this 7th day of March,
in the year of Our Lord one thousand
nine hundred and two.

JAMES ADAMSJ.P. [LS]

No. 7616c. Registered the 24th day of March 1902 in Absolute Fees Book Vol.
20 Folio 415. On application received the 21st day of March 1902 at. the hour of
3.20 p.m.
(Sed.) S. Y. WOOLTON
Registrar General