98

No. 186.

To all to whom these Presents may Come, be seen or known:

[, Alfred Passmore Poussette, a Notary Public for Ontario by Royal Authority
duly appointed, residing at the Town of Peterborough in said Province, do certify
and attest that the appointment and conveyance hereto annexed is a true copy of a
document produced to me and purporting to be an appointment of new Trustees and
conveyance from Robert H. Bethune and the Reverend Edward Riddell Roberts to
the Hon. A. E. Botsford, James Hall, James Meyer and George Morrice Roger, and
dated the twenty-eighth day of January, A.D. 1881, the said copy having been com-
pared by me with the said original, an act thereof being requested, I have granted the
same under my notarial form and seal of office to serve and avail as occasion shall or
may require.

A. P. POUSSERIEE
[L.8.] Notary Public.

Tuts Deep, made in triplicate the twenty-eighth day of January, one thousand
eight hundred and eighty-one, between Robert Henry Bethune, of the City of Toronto,
in the Province of Ontario, in the Dominion of Canada, Gentleman, the eldest son
and heir-at-law of the Right Reverend Alexander Bethune, Doctor of Divinity and
Bishop of Toronto, in the said Province of Ontario (hereinafter ealled “the Bishop ’’),
who up to the time of his death, hereinafter mentioned, had long been the sole surviv-
ing grantee in trust under the Crown grant of the ninteenth day of April, one thousand
eight hundred and thirty-four, hereinafter recited, of the first part.

The Company for Propagation of the Gospel in New England and the parts
adjacent in America, hereinafter called the Company, of the second part ; the Rever-
end Edward Riddell Roberts, of Chemong, in the Township of Smith, in the County
of Peterborough and Province aforesaid, Baptist clergyman, of the third part ; and
the Honourable Amos Edwin Botsford, of Sackville, in the County of Westmoreland,
in the Province of New Brunswick, in the said Dominion, a member of the Senate
of the same Dominion, and a member of the company ; James Hall, of the Town of
Peterborough, in the County of Peterborough aforesaid, Esquire; James Meyer,
Esquire, Governor of the said New England Company, and George Morrice Roger,
of the same town, Barrister-at-law, of the fourth part.

Whereas, the company was originally created by an Act or Ordinance of the
Long Parliament, passed on the twenty-seventh day of July, one thousand six hun-

dred and forty-nine, and (at the Restoration) the company was revised by a charter, j

dated the seventh day of February, in the fourteenth year of the reign of King Charles
the Second.

And whereas, considerable property real and personal in England and elsewhere
has from time to time, since the original creation of the company, been acquired by
the company and is now vested in the company, or in “ the official trustees of charitable
funds” in England, and the clear yearly income thereof is applicable by the company
year by year for promoting and propagating the Gospel of Christ unto and among
the heathen natives in parts of British North America within or near the Territories
by the charter described as “ New England and parts adjacent in America,” and also
for civilizing, teaching and instructing the said heathen natives and their children,
not only in the principles and knowledge of the true religion and in morality, and in
the knowledge of the English tongue, and in other liberal arts and sciences, but for
educating and placing them or their children in some trade, mystery or lawful calling. ©

And whereas a rent charge granted in perpetuity out of land in England to
the company as directed by the will of the Honourable Robert Boyle (the first Gov-
ernor named in the charter of the company) and some accumulations thereof are
vested in the company, and the growing payments of the same rent charge, to-
gether with the yearly income of the accumulations thereof, are applicable by the
company year by year for the advancement of the Christian religion among infidels
in the parts of America, under the Dominion of Her Majesty.

105

ee

party or privy to anything whatsoever whereby he is in anywise hindered from grant-
ing and conveying or assuring the parcel or tract of land or ground hereinbefore ex-
pressed to be hereby conveyed, or any part or parts thereof, to the use upon the trust
and in manner aforesaid.

And it is hereby lastly agreed and declared by and between the parties hereto

that all such further or other acts and deeds as may be necessary or proper for con-
firming these presents or effectually vesting the said tract of one thousand one hundred

and twenty acres, or any part or parts thereof, in the said trustees or the survivors
or survivor of them or their or his assigns or in his heirs, executors or administrators
shall, at the request and costs and charges of the company, be made and executed by
the parties hereto or any of them, or by the legal personal representatives or represent-
ative fer the time being of the Bishop, and by all necessary or proper parties as may
be advised by counsel.

In Wrrness Wuereor the said company has hereunto set its corporate seal, and
the said several other parties have hereunto set their hands and seals the day and
year first above written.

THE SCHEDULE BY THE ABOVE WRITTEN DEED REFERRED TO.

All that parcel or tract of land situate in the Township of Otonabee, in the
County of Peterborough and Province of Ontario aforesaid, and formerly described
as being in the County of Northumberland, in the District of Newcastle (in the late
Province of Upper Canada), containing one thousand one hundred and twenty acres,
be the same more or less, and being the town plot reservation on the Rice Lake and

River Otonabee, in the Township. of Otonabee, commencing on the shore of the Rice
Lake where a red cedar post had before the nineteenth day of April, one thousand

eight hundred and thirty-four, been planted at the south-east angle of a certain block
of land granted to Charles Anderson, Esquire ; then north 16 degrees, 40 minutes,
west 63 chains to where a red cedar post had been planted at the north-east angle of
the said block ; then south 74 degrees 5 minutes, west 65 chains, more or less, to
within one chain of the River Otonabee ; then northerly following the several turn-
ings and windings of the said river against the stream, always at the distance of one
chain therefrom to within one chain of lot No. 7 in the 12th Concession of the said
township ; then north 74 degrees 5 minutes, east along the southern limit of the

allowance for road between the reservation aforesaid and lots Nos. 7 in the 11th and
12th Concessions of the said township, 118 chains to the north-east angle of the said

reservation, being in the western limit of the allowance for road between the 10th
and 11th Concessions of the aforesaid township ; then south 16 degrees 40 minutes,
east along the western limit of the allowance for road produced between the said con-
cessions 96 chains 56 links to the Rice Lake ; then south-westerly along the water’s
edge to the place of beginning.

The said parcel or tract of land with its admeasurements and abuttals is further
delineated and described in the plan drawn on these presents.

The common seal of the above named Company for the
Propagation of the Gospel in New England, and the parts
adjacent in America, was affixed to the above written deed
in pursuance of an order of the court of the same Company
at London, on the twenty-eighth day of January, one thousand
eight hundred and eighty-one, the name “ James Meyer,” the
Governor of the said Company, having been throughout first
written on erasures in the presence of

Water C. VENNING,
Clerk to the New England Company.

W. M. VENNING, .

Accountant to the said Company.

Corporate
Seal
of the Company:

i—28
Signed, sealed and delivered by “a R. H. BETHUNE, [L.S.]
above named Robert Henry Epwarp R. Roserts, [L.S.]
Bethune, in the presence of J A. KE. Borsrorp, [L.8.]

R. M. Gray, Acct., Toronto. JAS. HALL, [L.8.]
T. F. Grygson, Clerk, Toronto. JAMES MEYER, [L.8.]
G. M. Rocrr. [L.S.]

above named Edward Riddell
Roberts in the presence of
JAMES H. MaArsu, of Chemong, Baptist Minister.
JAMES M. R. Roperts, of the Township of Smith, Farmer.

Signed, sealed and delivered by the)
above named Amos Edwin
Botsford in the presence of
JAMEs ApaMsoN, of the City of Ottawa, Gentleman.
P. Minter, of the City of Ottawa, Gentleman.

Signed, sealed and delivered by the)
above named James Hall in |
presence of
W. A. Campsext, of the Town of Peterborough, Canada, Student-at-Law.
Cuartes G. SHaw, of the ‘own of Peterborough, Canada, Law Clerk.

Signed, sealed and delivered by a
above named James Meyer in the
presence of J
Water C. VENNING, 9 Tokerhouse Yard, London, Solicitor.
Wituiam Towmay, 9 Tokerhouse Yard, London, Gentleman.

Signed, sealed and delivered by the]
above named George Morrice}
Roger in the presence of J
W. A. Campsett, of the Town of Peterborough, Student-at-Law.
Cuartes G. SuHaw, of the Town of Peterborough, Canada, Law Clerk.

Signed, sealed and delivered by a

No 'is7:

Copy of an Order in Council approved by His Honour the Lieutenant-Governor tie
21st day of December, A.V. 1877.

The Committee of Council have had under consideration the report of the
Honourable the Commissioner of Crown Lands, dated the 4th day of December, 1877,

wherein he states that the Shawanaga Band of Indians having applied for a license
of occupation of a piece of land on Shawanaga Bay, the Department of Crown Lands,

by letter of 5th June, 1853, addressed to the Chief of said Band, consented to issue
such license upon a plan of survey being filed showing the limits of the piece of
land in question occupied by said Indians, with proof that there was no adverse
occupation, that no such special plan was ever filed, but that upon completion of the
survey of the Township of Shawanaga, in the District of Parry Sound, it appears
that said Indians oecupy lots 34 and 35 in the 7th Concession of said Township, and
that there is no other occupation or claim of any kind to said lots ; and that the
Indian Branch of the Department of the Interior at Ottawa has applied to the said
Crown Lands Department for a title to said lots on behalf of said Indians. The
Commissioner recommends that the said lots he vested in the Government of the

99

And whereas considerable other property, consisting of lands in England and
money in the English funds derived under the will of the Reverend Daniel Williams
(Doctor of Divinity and a Dissenting Minister, who departed this life in the year one
thousand seven hundred and sixteen) is vested in the company or in “the official
trustees of charitable funds” in England, and the clear yearly income of this pro-
perty is applicable by the company year by year towards the advancement of the
Christian religion among Indians, Blacks and Pagans in some or one of Her Ma-
jesty’s plantations and colonies, and in maintaining, educating, eivilizing and reliey-
ing the necessities of the said Indians, Blacks and Pagans, so far as such applica-
tion in the maintenance, education, civilization and relief of the necessities of the
same Indians, Blacks and Pagans is connected with or subservient to the purpose of
advancing the Christian religion.

And whereas towards carrying into effect the purposes aforesaid the company,
mcre than fifty years ago, broke up its then establishment at Sussex Vale, in New
Brunswick, and discontinued the system of apprenticeship on which the company’s
agents there had then for many years been acting, and the company at the same time,
ander the advice of the Rev. John West, an Episcopal clergyman then in Canada,
directed the attention of the company’s agents chiefly to the heathen natives or
Tndians of the Six Nations in the neighbourhood of Brantford, and along the banks
of the Grand River north of Lake Erie, and the company at the same time invited
the Rev. Richard Scott, a minister of the Baptist denomination, then resident in
New Brunswick, to repair to Upper Canada with a view to his settling there with
some of the heathen natives, and he accordingly, in the year one thousand eight
hundred and twenty-seven or one thousand eight hundred and twenty-eight, went to
Brantford aforesaid, and after consulting with the said John West, decided to visit
‘among the heathen natives or Indians, who for the most part led a scattered and
wandering life (but with the view of catching fish and gathering rice), often resorted
to some of the smaller lakes north of Lake Ontario and not far distant from Peter-
borough aforesaid, and His Excellency Sir Peregrine Maitland, K.C.B., the then
Lieutenant-Governor of Canada, at an interview with the said Richard Scott, directed
his special attention to the natives at Rice Lake (whom one Captain Charles Ander-
son, and the Rev. Mr. Hulbert, Methodist Missionary there, were then beginning to
instruct and civilize), and accordingly the said Richard Scott visited the natives
then in the neighbourhood of Peterborough aforesaid, and opened schools for some
cf them, and in due course reported to the company the then state and condition
of the heathen natives or Indians resorting to Rice Lake and the other small lakes
aforesaid, and he recommended settling them in villages of a few famihes, each near
some of the said small lakes.

And whereas the said Richard Seott accordingly (under the company’s instruc-
tions and as an agent authorized by the Company to spend five hundred pounds
annually in civilizing the natives) petitioned the Governor and his then Majesty’s
Executive Council in the month of June, one thousand eight hundred and twenty-
eight, praying that the town plot of one thousand one hundred and twenty acres on
the north side of Rice Lake and néar the mouth of the River Otonabee, which plot is
cescribed in the plan drawn on these presents, might be inalienably secured to the
natives resorting to that station, he, as such Agent of the Company, proposing in his
said petition to appropriate the principal part of the said sum to build a village, pro-
cure farming utensils, and provide the means of education and instruction in the
Protestant religion for the said natives, and thereupon a license of occupation of the
said town plot was granted by the Lieutenant-Governor to the said Richard Scott, and
shortly afterwards, in consequence of a letter from the company to the Jolonial
Sceretary of State, dated seventeenth August, one thousand eight hundred and
twenty-eight, instructions were sent by him to the Governor on, the twentieth day
of May, one thousand eight hundred and twenty-nine, desiring a final grant to

be made of the said town plot.
And whereas the company from that time to the present has constantly and at
100

- cost in the whole of many thousand pounds assisted the natives resorting to or
settling near Rice Lake and other small lakes aforesaid to clear part of the said plot,
as well as parts of two smaller tracts of land at Chemong Lake (containing respect-
ively one thousand six hundred acres, granted in April, one thousand urght hundred
ond thirty-seven, and sixty-four acres granted in July, one thousand eight hundred
end sixty-nine to the company in perpetuity), and to build thereon a separate dwell-
ine for each family, as well as chapels and a Baptist mission house at Chemong,
and a Methodist minister’s residence at Rice Lake, and schools, and blacksmith’s and
carpenter’s shops, and barns and other buildings, partly at Chemong and partly at
or near a village known now by the name of Hiawatha, near the shore of Rice Lake,
and oeeasionally to rebuild or repair and improve the said buildings and to provide
books as well as tools. implements and utensils, and to promote agricultural and
other industry among the native tribes in Upper Canada.

And whereas, the said Richard Scott towards the end of the year one thousand
eight hundred and twenty-nine reported to the company that the village at Rice Lake
was finished, and that the contractor had done great justice to the builaings, and that
His Excellency Sir John Colborne, K.C.B., the then Lieutenant-Governor, at a recent
interview with the said Richard Scott had stated His Excellency’s determination
that the land then held by a license of occupation should be granted to the company
for the sole use of the Indians.

And whereas, the said Richard Scott, in the month of June, one thousand eight
hundred and thirty, reported to the company that at another interview with him at
York His Excellency had promised the said Richard Scott that the land at Mud or
Chemong Lake, as well as the said town plot at Rice Lake, should be granted to the
company for the use of the Indians.

And whereas an Order or two Orders of the Governor in Council for a Crown
erant of the town plot to the company or to some persons as trustees for Indians,
was or were made on or before the 5th day of February, one thousand eight hundred
snd thirty-one, but the preparation of the grant so ordered wads delayed while the
then Attorney-General for the colony remained in office, and was completed by his
successor after a lapse of more than three years, and accordingly letters patent
under the Great Seal of the then Province of Upper Canada, dated the nineteenth
day of-April, one thousand eight hundred and thirty-four, and was registered on the
thirtieth day of May, in the same year, Lib. E., Folio 491-494, were issued to the said
Richard Scott, on the fourth day of June, one thousand eight hundred and thirty-four,
whereby his then Majesty King William the Fourth granted said plot of one thous-
and one hundred and twenty acres, by the description contained in the schedule here-
to (but reserving within the same plot one chain of the front thereof on the lake as
an accommodation for a ferry with free access to the beach for all vessels, boats and
persons, and saving all mines of gold and silver, and all white pine trees then or
thereafter growing on any part of the said plot, parcel or tract of land), to the said

>chard Scott and Charles Anderson, and to Charles Rubidge, then of the Township
of Otonabee, Esquire, and afterwards Registrar for the county, and the Honourable
George Herchmer Markland, then of the city of Toronto, in the home district
of the Province, Inspector General and a member of the Executive Council, and
all since deceased, and to the Bishop (by the name and description of the Reverend
Alexander Bethune, of Cobourg), also now deceased, and their heirs and assigns
forever, but upon the trusts nevertheless and to and for the uses, intents and pur-
poses following, that is to say: In trust to hold the same forever thereafter to
and for the benefit of the Indian Tribes in that province, and with a view to their
conversion and civilization. And the letters patent now in recital contained a
proviso that in case any of the five trustees therein named, or any succeeding
trustee or trustees to be appointed as thereinafter mentioned, should happen to die
or be desirous of being discharged from the powers or trusts thereby in them
reposed or vested, or become incapable of acting in the same, then and in every
such case, and so often as the same should happen, full power and authority was

A

101

given by the said grant or letters patent to the said five trustees, or the survivor or
survivors of them or any of them or any succeeding trustee or trustees, or the sur-
vivor or survivors of them, or any of them, by any writing or writings under his or
their hands and seals or hand and seal, to be by them or him sealed and delivered in
the presence of and attested by two or more credible witnesses, to nominate, substi-
tute and appoint any other fit person in the room and place of any of them, the
said five trustees, or any succeeding trustee who should so die or be desirous of being
released or discharged from or become incapable of acting in the aforesaid trusts or
powers, and so from time to time as often as there should be occasion to nominate,
substitute and appoint any other person or persons in the place or stead of them
the said five trustees or any of them, or any succeeding person or persons to be
appointed as aforesaid who should die or be desjrous of being discharged or become
incapable as aforesaid. And the said letters patent directed that when and so often
as any person or persons shouid be nominated and appointed as aforesaid, the said
pareel or tract of land, hereditaments and premises thereby mentioned or intended
to be thereby granted should be conveyed with all convenient speed in such manner
and form so as that all and every other person or persons so to be appointed as afore- —
said should and might be invested with all such powers and authorities, and should
and might in all things act in relation to the premises, in conjunction with the others
of them who should or might survive or not decline or not become incapable to act
thereon as fully and effectually in all respects and to all intents and purposes as if he
or they had originally been in and by the said letters patent-a grantee to the uses and
trusts and for the purposes aforesaid, anything thereinbefore contained to the contrary
thereof in anywise notwithstanding.

And the letters patent now in recital contained a declaration to the effect that
in default of all or any of the conditions, limitations and restrictions thereinbefore
contained the grant thereby made and everything therein contained were to be void,
and he land thereby granted was to revert to and become vested in His said late
Majesty, His heirs and successors, in like manner as if the same had never been
granted, And the said letters patent also contained a declaration to the effect that
in accordance with the 36th section of the British Act of 1791 (31 George 3rd, c. 31)
requiring that every grant of land should contain a specification of the lands to be
allotted and appropriated, solely to the maintenance of a Protestant elergy within
the Province, in respect of the lands granted His said late Majesty, had caused an
“allotment” or appropriation of one hundred and sixty acres to be made in lot No.
15 in the thirteenth concession of the Township of Otonabee. :

And whereas the Lieutenant-Governor, Sir John Colborne, in a letter to the
company dated 3rd January, one thousand eight hundred and thirty-five, assured
the company that the Local Government of Canada was disposed to afford the com-
pany’s agents active and zealous assistance in promoting the civilization of the Indian
tribes under their immediate protection, and that whatever delay might have occurred
in issuing letters patent for the tracts of land at Rice Lake and Chemong Lake had
not in any respect affected the interests of the company or of the Indians, and His
Excellency mentioned his having in the previous autumn visited the Indian villages
at Chemong Lake arid Rice Lake, and that the school at the Rice Lake was under the
charge of a missionary paid by the Wesleyan Methodists, and that all the Indian
families at this station appeared to be industrious and inhabiting comfortable houses.

And whereas the said Richard Scott, in the month of March, one thousand eight
hundred and thirty-five, sent to the company a copy of the said grant of 19th April,
one thousand eight hundred and thirty-four, and (some of the clauses appearing to
the company to be open to material objections on the ground of the vagueness of the
trust for Indians, and the want of any security for the continuance of the pro-
perty to the company’s purpose of the improvement of the Indians, and the want of
control on the part of the company, the grant not being made to the company, and
the said Richard Scott not being named therein as the company’s agent, and no power
being reserved to the company to appoint new trustees, not even one in case of the said
Richard Scott’s death), applications to Government were repeatedly made in and
102

after the year one thousand eight hundred and thirty-five by the said Richard Scott,
and otherwise by or on behalf of the company, to have these objections remedied and
to get the terms of the grant made more in conformity with the company’s wishes,
but without suecess, the said Charles Anderson, persistently refusing to join in sur-
rendering the said letters patent, notwithstanding the said Richard Scott’s urgent
requests and a “ Minute ” passed in the Executive Council for him and his co-trustees
to do so, and under these circumstances the company and the company’s agents
became, and have since generally been more cautious than before as to their expendi-
ture of the company’s money in or towards building on or improving the said town plot
at Rice Lake.

And whereas the said Richard Scott, after an illness of many months, aggra-
vated if not caused by his fruitless endeavours to get the said town plot secured in
trust to the company, departed this life on the fifth day of April, one thousand eight
hundred and thirty-seven, and thereupon the company, on the sixth day of November,
ene thousand eight hundred and thirty-seven, appointed the Reverend John Gilmour,
then of the Township of Monaghan, in the County of Peterborough, Baptist clergy-
man, to sueceed the said Richard Scott as the company’s agent and missionary to the
natives at Rice and Chemong Lakes.

And whereas the four then surviving trustees of the said letters patent by a
deed dated the first day of April, one thousand eight hundred and forty, and at-
tested by two witnesses, appointed the said John Gilmour to be a trustee with them-
selves in the room and stead of the said Richard Scott, deceased, and they thereby
declared their intention to invest the said John Gilmour with all such powers as
might enable him to act in relation to the premises in conjunction with the others of
the said trustees who should or might survive or not decline to act or not become
incapable of acting therein, as fully as if he had originally been named one of the
trustees in the said letters patent.

And whereas, the said Charles Anderson departed this life in or about the year
one thousand eight hundred and forty-one, and thereupon the Bishop and the said
Charles Rubidge and George Herchmer Markland, together with the said John Gilmour
(he still being the company’s agent and missionary to the natives of Chemong and
Rice Lakes), by deed appointed William Henry Wrighton, then resident in or near
Peterborough aforesaid to be a co-trustee with themselves of the said letters patent in
place of the said Charles Anderson, but the last mentioned deed and also one part of
the said deed of first April, one thousand eight hundred and forty (if executed in dup-
licate), were on the tenth day of June, one thousand eight hundred and fifty-seven
destroyed by fire in the office of the said Robert Dennistoun.

And whereas the said William Henry Wrighton having departed this life shortly
before the month of Mav, one thousand eight hundred and fifty-six, the Bishop and the
said Charles Rubidge, George Herchmer Markland and John Gilmour, by deed dated
fifth of June, one thousand eight hundred and sixty, appointed the said Robert Den-
nistoun to be a co-trustee with themselves of the said letters patent in the place of

the said William Henry Wrighton.
Andwhereasthe said George Herchmer Markland having departed this life shortly

before the month of May, one thousand eight, hundred and sixty-six, the Bishop and
the said Charles Rubidge, Robert Dennistoun and John Gilmour, by deed dated first
July, one thousand eight hundred and sixty-seven, appointed the Reverend Mark Burn-
ham to be a eo-trustee with themselves of the said letters patent, in place of the said

George Herchmer Markland.
And whereas the said John Gilmour, having from age and infirmity resigned

(as from the fifth day of May, one thousand eight hundred and sixty-eight), his ap-
pointment as the company’s agent and missionary to the natives at Rice and Chemong
Lakes. and become desirous of being discharged from-the powers and trusts reposed,
vested in him as trustee of the said letters patent, the company, in or about the
month of November, one thousand eight hundred and sixty-seven, appointed the said
Edward Riddell Roberts to succeed the said John Gilmour as such agent and miis-
sionary (an office which the said Edward Riddell Roberts hag ever since held and

103
—— a

still holds) and by a deed dated the seventh day of October, one thousand eight
hundred and sixty-eight, the said John Gilmour was discharged from the trusts of
the said letters patent and the said Edward Riddell Roberts was appointed a co-
{rustee with the Bishop and with the said Charles Rubidge, Robert Dennistoun and
Mark Burnham, of the said letters patent in place of the said John Gilmour.

And whereas the said John Gilmour departed this life on the seventh day of
December, one thousand eight hundred and seventy.

And whereas the said Charles Rubidge departed this life on the fifth day of
February, one thousand eight hundred and seventy-three, leaving the Bishop the sole
grantee in trust named in the said letters patent of nineteenth April, one thousand
eight hundred and thirty-four him surviving, and thereupon the Bishop himself as
well as the said Robert Dennistoun and Mark Burnham from age and infirmity or
otherwise became desirous to be discharged from the trusts of the said letters patent,
and after great deliberation and protracted correspondence with the company as to
the best course to be adopted since the passing of the Indian Act, 1876, by the Dom-
inion Parliament (which Act received the Royal assent on the twelfth day of April,
cne thousand eight hundred and seventy-six, and is known as 39 Victoria, cap. 18)
the Bishop and the said Robert Dennistoun and Mark Burnham by a memorandum
in writing submitted through the said James Hall on the eighth day of February,
one thousand eight hundred and seventy-seven, communicated to the Superintendent-
General of Indian Affairs their desire to be discharged from the trusts of the said
letters patent, and they at the same time requested and recommended that the com-
pany’s agent at Chemong aforesaid might be appointed Commissioner under the
Indian Act, 1876.

And whereas the said Edward Riddell Roberts, in the month of February, one
thousand eight hundred and seventy-seven received from the Dominion Government
an appointment or commission of which the following is a copy :—

Rev. E. R. Roserts,
A Trustee of the Indian Reserve, Rice Lake,
Township of Otonabee.
Care of James Hall, Esq., M.P., House of Commons, Ottawa.

DEPARTMENT OF THE INTERIOR, CANADA,
InpiAN Branco, OTrawa.

Reverend Sir,—I am desired by the Superintendent-General of Indian Affairs
to inform you that in compliance with the memorandum of 8th instant, submitted
through Mr. Hall, M.P., you are hereby authorized and deputed by him to carry
out the provisions of the 12th section of the Indian Act, 1876, in regard to the Indian
Reserve at Rice Lake, in the Township of Otonabee, with a view to the removal
therefrom of all persons who have or may hereafter settle, reside, hunt upon or use
any land or marsh forming part thereof without the license of the Superintendent-
General.

I am, Rev. Sir,
Your obedient servant,
E. H. MEREDITH,
Deputy of the Minister of the Interior.

And whereas the said Mark Burnham departed this life on the seventeenth day
of May, one thousand eight hundred and seventy-seven. And whereas a memorial of
the said deed of first April, one thousand eight hundred and forty, was duly registered
on the twentieth day of September, one thousand eight hundred and forty-one, in the
registry office for the County of Northumberland, Liber N., Folio 289, Memorial No.
6473 and the original (or if executed in duplicate) one part of the said deed of first
April, one thousand eight hundred and forty, as well as the said letters patent or
Crown grant of the nineteenth April, one thousand eight hundred and thirty-four, is
and has long been in the company’s custody in London, but the said Deed of first
104

April one thousand eight hundred and forty (as the company is advised) contains
no grant of the said plot of one thousand one hundred and twenty acres by the then
surviving trustees thereof, nor any words sufficient to convey the same plot to the
use of themselves the said surviving trustees jointly with the said John Gilmour,
and no conveyance thereof appears to have been as yet made on the occasion of the
said several appointments of new trustees or any of them, and accordingly the said
plot (as the company is advised) was up to the time of his death vested in the Bishop

as the sole survivor of the said five original trustees. | |

And whereas the Bishop departed this life on the third day of February, one
thousand eight hundred and seventy-nine intestate as to freehold estates vested in
him as trustee.

And whereas no legal personal representative of the estate of the said Bishop
las been appointed whereby trust estates vested in him have become vested in his
eldest son, the said Robert Henry Bethune. 4

And whereas the said Amos Edwin Botsford, James Hall, James Meyer and
George Morrice Roger have at the request of the company consented to become co-
trustees with the said Edward Riddell Roberts of the said letters patent.

Now this deed witnesseth that in pursuance and exercise of the power in this —
bchalf contained in the said letters patent of the nineteenth day of April, one thou- ©
sand eight hundred and thirty-four, and of every other power or authority enabling ~
him in this behalf, he, the said Edward Riddell Roberts, at the request and with the
consent of the company, testified by the corporate seal attached to these presents, ~
doth by this present deed. sealed and delivered by him in the presence of and in-
tended to be attested by the two credible witnesses, whose names are hereunto sub- i
scribed, nominate, substitute and appoint the said Amos Edwin Botsford, James ¥
Hall, James Meyer and George Morrice Roger to be trustees of thie said letters —
patent, in the room and place of the said Charles Rubidge and Mark Burnham, and —
the Bishop, all now deceased, and in the room and place of the said Robert Dennis-
toun, resigned, but in conjunction with the said Edward Riddell Roberts. =

And this deed also witnesseth that in pursuance of the direction in this behalf
contained in the said letters patent, and at the request and with the consent of the —
company so testified as aforesaid, he, the said Robert Henry Bethune doth hereby —
erant and convey and he, the said Edward Riddell Roberts, doth hereby grant, ratify —
and confirm unto the said Amos Edwin Botsford, James Hall, James Meyer and ~
George Morrice Roger and their heirs, all that block or plot, parcel or tract of land |
or ground and other the hereditaments comprised in and expressed to be granted by 9
the hereinbefore recited letters patent of the nineteenth day of April, one thousand ~
eight hundred and thirty four, and more particularly described in the schedule to ;
these presents, with the rights, members and appurtenances thereunto belonging, —
except as in the said letters patent reserved. And all the estate, right, title and —
interest, claim and demand of the said Robert Henry Bethune as heir of the Bishop, ‘
the late sole surviving original grantee as aforesaid, and of the said Edward Riddell —
Roberts as such surviving and continuing trustee as aforesaid, and each or either of.
them in, to and upon the same premises and every or any part thereof. ;

To hold the same block or plot, parcel or tract of land or ground hereinbefore —
cxpressed, to be hereby conveyed as aforesaid, with the appurtenances unto the said |
Amos Edwin Botsford, James Hall, James Meyer and George Morrice Roger and
their heirs to the use of the said Edward Riddell Roberts, Amos Edwin Botsford,
James Hall, James Meyer and George Morrice Roger, their heirs and assigns
forever. Nevertheless, upon the trusts and for the purposes in and by the herein- —
before recited letters patent expressed concerning the same, so far as the same 4
trusts purposes are now subsisting or capable of taking effect. |

And he, the said Robert Henry Bethune, doth hereby for himself, his heirs,~ _
executors and administrators, covenant with the said Edward Riddell Roberts, Amos —
Edwin Botsford, James Hall, James Meyer and George Morrice Roger, their heirs |
and assigns, that he has not at any time done, omitted or knowingly suffered or been |

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