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For Chief Muckata Mishaquet and his band, a tract of land on the east side of
the River Naishecouteong, near Pointe aux Barils, three miles square, and also a smali
tract in Washanwenega Bay, now occupied by a part of the band, three miles square.

Recorded in the offiee, of the Provincial Registrar, this 22nd day of November,
in Lib. “ C. M. Miscellaneous,” Folio 1, &e.

R. A. TUCKER,
Registrar.

No. 65.

Tus INDENTURE, made at Niagara, in the District of Niagara, in the Province
of Upper Canada, this eighteenth day of May, in the year of Our Lord one thousand
eight hundred and thirty-one, between John Johnson Claus, of Niagara aforesaid,
Esquire, Warren Claus, of the same place, Esquire, and Catherine Claus, of the same
place, widow, executors and executrix of the last will and testament of the late
Honorable William Claus, in his lifetime of Niagara aforesaid, a member of His
Majesty’s Legislative and Executive Council, and Deputy Superintendent General of
Indian Affairs in the said Province, of the one part, and the Honorable James Baby,
of the Town of York, in the Home District and Province aforesaid, Inspector General of
Public Provincial Accounts, the Honorable John Henry Dunn, of the same place,
Receiver General of His Majesty’s revenues in the said Province, and the Honorable
George Herehmer Markland, of the same place, a member of His Majesty’s Legislative
and Executive Councils, in the said Province, of the other part: Whereas, the late
Right Honorable Thomas Douglass, Earl of Selkirk, of St. Mary’s Isle, im North
Britain, by his Indenture bearing date the fifteenth day of January, in the forty-
eighth year of the reign of Our late Sovereign Lord King George the Third, by the
Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender
of the Faith, and in the year of Our Lord one thousand eight handred and
eight, after reciting as is therein recited, and in pursuance of an agreement
therein recited and referred to, and for and in consideration of the sum of
three thousand four hundred and seventy-five pounds of current money of the said
Province of Upper Canada, acknowledged by the said Thomas Douglass, Earl of
Selkirk, in the said Indenture, to be due and owing by him to the Six Nations
Indians mentioned and referred to in the said Indenture, and for the better securing
the payment of the said sum of money, and the interest thereon, and also in con-
sideration of the sum of five shillings of like current money to him, the said Thomas
Douglass, Earl of Selkirk, in hand well and truly paid by the said hereinbefore men-
tioned William Claus, the receipt whereof was by the said Indenture acknowledged,
he, the said Thomas Douglass, Earl of Selkirk, did grant, bargain, sell and demise,
and by the said Indenture did acknowledge to have granted, bargained and sold and
demised, unto the said William Claus, his executors, administrators and assigns, all
that parcel or tract of land situate on the Grand River, in the County of Haldimand,
in the District of Niagara, in the said Province of Upper. Canada, containing by
admeasurement thirty thousand and eight hundred acres, be the same more or less,
which said thirty thousand and eight hundred acres are by the said Indenture
declared to be butted and bounded, or to be otherwise known as follows, that is to
say : Commencing at a white oak tree marked, and standing at the south-west
angle of the reserve made by the Indians on the east side of the Grand River, below
Dick and Doe Creek; then along the southern boundary of the said reserve, north
thirty degrees east eighty chains, more or less, to the south-easternmost angle of
the said reserve; then north sixty-two degrees thirty minutes west along the
easternmost boundary of the said reserve sixty-seven chains, more or less; then
north thirty degrees east to the easternmost boundary of the Indian lands, four
hundred and four chains, more or less; then along the said boundary south sixty-
two degrees thirty minutes east three hundred and sixty chains, more or less;
then south thirty degrees east to a basswood tree upon the shore of Lake Erie,
near the mouth of a small creek, five hundred and fourteen chains, more or less;
then along the shore of Lake Erie towards the mouth of the Grand River to a
—— —— ————— =
f — —____——

certain post or picket, one hundred and _ seventy-two chains, more or less; then
north fifty-four degrees west one hundred and fifty-two chains, more or less;
then west one hundred and sixty chains, more or less, to a maple tree on a
branch of the said Grand River; then following the easternmost shore of the
said river against the stream to the place of beginning; together with the
reversion and reversions, remainder and remainders, yearly and other rents, issues
and profits thereof to have and to hold the said parcel and tract of land or premises,
and all and singular the hereditaments in the said Indenture expressed to be granted
and. demised, with their and every of their appurtenances unto the said William
Claus, his executors, administrators and assigns, from the day next before the date
of the said Indenture, for and during and unto the full end and term of one thousand
years from thence next ensuing fully to be complete and ended, in trust, nevertheless,
for and to the use and benefit of the Indians in the said Indenture mentioned, and
their posterity: Provided always, and it was declared by the parties to the said
Indenture to be the true intent and meaning thereof, that if the said Thomas Douglass,
Earl of Selkirk, his heirs, executors, administrators or assigns, should well and truly
pay or cause to be paid unto the said William Claus, his executors, administrators
or assigns, the said sum of three thousand four hundred and seventy-five pounds of
eurrent money of Upper Canada, as aforesaid, on or before the eighteenth day of
November next, after the date of the said Indenture, together with lawful interest
thereon, to be computed from the eighteenth day of November then last past, with-
out any deduction or abatement whatsoever, for or in respect of any taxes, charges,
assessments or other matter, cause or thing whatsoever now taxed or imposed upon
the hereditaments by the said Indenture granted or demised, or upon the said
William Claus, his executors, administrators or assigns, for or in respect of the same
by authority of Parliament or otherwise howsoever, or hereafter to be taxed or
imposed, or if the said Thomas Douglass, Earl of Selkirk, his heirs, executors, admin-
istrators or assigns should well and truly pay, or cause to be paid, unto the said
William Claus, his executors, administrators or assigns, the yearly interest of the
said sum of three thousand four hundred and seventy-five pounds at and after the
rate of six pounds for one hundred pounds for one year on each and every eigh-
teenth day of November in each and every year, so long as the same should be and
remain unpaid and unsatisfied, without any deduction or abatement whatsoever us
aforesaid. Then and in either of the said cases, and from and after such payment
should be made as aforesaid, the said Indenture and the demise thereby made and every
matter, clause and thing in the said Indenture contained should cease, determine and
be void to all intents and purposes, anything therein contained to the contrary not-
withstanding. And the said Thomas Douglass, Earl of Selkirk, did by the said
Indenture further covenant and agree for himself, his heirs, executors and adminis-
trators, to and with the said William Claus, his executors, administrators and
assigns, that he, the said Thomas Douglass, Earl of Selkirk, his heirs, executors or
administrators, should well and truly pay or cause to be paid unto the said William
Claus, his executors, administrators or assigns, the said sum of three thousand four
hundred and seventy-five pounds, and interest for the same, in manner mentioned,
and at the time and in the manner in the said Indenture provided for the payment
thereof or the yearly interest of the said sum of three thousand four hundred and
seventy-five pounds in manner mentioned and provided in the said Indenture with-
out any deduction or abatement whatsoever out of the same, according to the true
intent and meaning of the said Indenture and the proviso therein contained. And
it was by the said Indenture further eovenanted and agreed that he the said
Thomas Earl of: Selkirk, and his heirs, and all and every other person or persons
having or lawfully claiming or who should or might at any time or times thereafter
have or lawfully claim any estate, right, title, interest or property either of law or
equity of, in, to or out of the said parcel or tract of land and hereditaments in the
said Indenture mentioned to be granted and demised from by or under him, them or
any of them, should and would from time to time and at all times after default
154

should happen to be made of or in payment of the principal sum and interest or the
yearly interest thereof in manner in the said Indenture mentioned, and upon every
reasonable request of him the said William Claus, his executors, administrators and
assigns, should make, do and execute, or cause to be made, done and executed all
such further and other lawful and reasonable act or acts, thing and things or con-
veyances in the law whatsoever for the more perfect granting and assuring the said
parcel and tract of land and premises unto the said William Claus, his executors,
administrators or assigns, for and during the residue of the said term of one
thousand years which shall be then unexpired freed from the aforesaid proviso
for the redemption thereof and all equity thereupon as by the said William
Claus. his executors, administrators or assigns, or his or their counsel learned
in the law shall be reasonably devised, advised or requested and _ required.
And lastly, it was by the said Indenture agreed between the parties thereto
that in the mean time and until default should happen to be made as in the said
Indenture mentioned and set forth, it should be lawful for the said Thomas Douglass,
Earl of Selkirk, his heirs and assigns, peaceably and quietly to have, hold, possess and
enjoy the said parcl and tract of land and premises in the said Indenture mentioned
and thereby demised, and to receive and take the rents, issues and profits thereof to
and for his and their own proper use and benefit, without the let, trouble, denial,
eviction or interruption of the said William Claus, his executors, administrators or
assigns, or any other person lawfully claiming or to claim by, from or under him,
them or any of them, as by reference to the said Indenture will more fully and at
large appear. And whereas a large sum of money remains and is due and unsatisfied
as well of the said principal sum of three thousand four hundred and seventy-five
pounds as of the interest payable thereon acording to the terms of the said Inden-
ture and the covenants therein contained. And whereas the said John Johnson Claus
and Warren Claus, executors, and the said Catherine Claus, executrix, of the last will
and testament of the said William Claus, now deceased, are desirous and have agreed to
assign the trust which by the said Indenture is now vested in them as executors and
executrix of the said William Claus, as aforesaid, to the said James Baby, John
Henry Dunn and George Herchmer Markland, their executors, administrators
and assigns; and also, to assign to them the said James Baby, John Henry
Dunn and George Herchmer Markland, their executors, administrators and
assigns, all sums of money now due or which may hereafter accrue due upon, under
or by virtue of the said Indenture, together with the said Indenture, and all and
singular the interest, claim, property or demand which they, the said John Johnson
Claus, Warren Claus and Catherine Claus have in, to or out of or upon the said
parcel or tract of land, with the appurtenances and every part thereof in the said
Indenture mentioned. And whereas the said James Baby, John Henry Dunn and
George Herchmer Markland have contracted and agreed to and with the said John
Johnson Claus, Warren Claus and Catherine Claus, executors and executrix as
aforesaid, to accept and receive an absolute assignment of all the estate, right, title,
interest and possession, term of years yet to come and unexpired of, in and to the
said piece and parcel of land, with the appurtenances and every part thereof, and of
all and singular the sumand sums of money due and growing due under and by
virtue of the said Indenture subject, nevertheless, to the same trusts, limitations
and restrictions in the said Indenture set forth and contained.

Now tuts INDENTURE WITNESSETH, that for and in consideration of the sum
of five shillings of lawful money of Upper Canada to the said John Johnsoa
Claus and Warren Claus, executors, and to the said Catherine Claus, executrix,
of the last will and testament of the said William Claus, deceased, in hand
paid in full for the absolute purchase of all the estate, right, title, interest,
teyn of years yet to come and unexpired, of them, the said John Johnson
Claus and Warren Claus, executors, and Catherine Claus, executrix, as aforesaid, of,
in and to the piece or parcel of land, with the appurtenances, in the said Indenture
mentioned, and of, in or to the sum or sums of money due and owing under and by

155

yirtue of the said Indenture, or which shall hereafter accrue due or owing on
‘the same, the receipt of which said sum of five shillings they, the said John
“Johnson Claus and Warren Claus, executors, and Catherine Claus, executrix, as
aforesaid, doth hereby confess and acknowledge, they, the said John Johnson Claus;
‘and Warren Claus, executors, and Catherine Claus, executrix, as aforesaid, have
granted, bargained, sold, assigned, transferred and set over, and by these presents do
bargain, sell, assign, transfer and set over unto the said James Baby, John Henry
Dunn and George Herchmer Markland, their executors, administrators and assigns,
all and singular the piece, parcel or tract of land in the said in part recited Inden-
ture mentioned and hereinbefore described, together with all and singular the herc-
ditaments and appurtenances thereunto belonging or in any wise appertaining, and
also the said Indenture, and all other evidences, deeds and writings whatsoever touch-
ing or concerning the premises which they, the said John Johnson Claus and Warren
Claus, executors, and Catherine Claus, executrix, as aforesaid, have in their custody cr
power, and also all such sum or sums of money as are now due or which may hereafter.
Lecome due under or by virtue of the said Indenture and the covenants and conditions
therein contained. To have and to hold the said piece, parcel or tract of land with the
appurtenances hereinafter mentioned and hereby intended to be assigned, unto the
said James Baby, John Henry Dunn and George Herchmer Markland, their execu-
tors, administrators and assigns, from henceforth for and during all the rest an]
residue of the said term of one thousand years, by the said hereinbefore in part
recited Indenture granted, which are now to come and unexpired.

And to have, hold and receive, take and demand, all and singular the sum and
sums of money now due, or which may hereafter accrue due under and by virtue of
the said hereinbefore in part recited Indenture to them, the said James Baby, John
Henry Dunn and George Herchmer Markland, their executors, administrators and
assigns, subject, nevertheless, to the condition following, that is to say: That they,
the said James Baby, John Henry Dunn and George Herchmer Markland, their
executors, administrators and assigns, shall enter upon, take and possess the parcel
or tract of land in the hereinbefore in part recited Indenture ideseribed and demised,
‘and shall also take and receive all and singular the sum or sums of money which
are now due, or which may hereafter accrue due and payable under and by virtue
of the said Indenture, upon the same trusts and for the same purposes and to he
accounted for and applied in the same manner as are set forth in the hereinbefore in
part recited Indenture, and which is hereby assigned or intended so to be.

And the said John Johnson Claus and Warren Claus, executors, and Catherine
Claus, executrix, as aforesaid, do by these presents covenant and agree to and with
the said James Baby, John Henry Dunn and George Herchmer Markland, their
executors, administrators and assigns, that they the said James Baby, John Henry
Dunn and George Herchmer Markland, their executors, administrators and assigns,
shall and may from time to time during the unexpired term of the one thousand
years in the said Indenture mentioned, enter into, have, hold, possess and enjoy all
and singular the parcel and tract of land in the said Indenture mentioned, with the
appurtenances, in default of performance of all or any of the conditions or covenants
im the said Indenture mentioned on the part and behalf of the said Thomas Douglass,
Earl of Selkirk, his heirs, executors or administrators, to be performed and kept
without the claim, let, hindrance, interruption or denial of them the said John
Johnson Claus and Warren Claus, executors, and Catherine Claus, executrix, as
aforesaid, or any or either of them, their or either of their executors, administra-
tors or assigns. Also, that they the said James Baby, John Henry Dunn, George
Herchmer Markland, their executors, administrators and assigns, shall have full
power and authority to ask, demand, sue for, recover and receive all and. singular
the sum and sums of money which now are or hereafter may accrue due and owing
under and by virtue of the said Indenture, without the interruption, interference or
denial of them the said John Johnson Claus and Warren Claus, executors, and
Catherine Claus, executrix, as aforesaid, or either of them, their or either of their

156

executors, administrators or assigns, or by any other person or persons whatsoever,

by their or either of their authority, procurement or connivance.
IN Testimony Wuereor, the parties have hereunto set and subscribed their

hands ant seals on the day first akove written. aA
Signed, sealed and delivered in} JOHN CLAUS, [L.8.] 4
in presence of : W. CLAUS, (L.S.)
Water H. Dickson, C. CLaus, [Ls
C. GAMBLE. J. Basy, [L.S.]
JoHN H. Duny, [L.8.]
GrorGe H. MARKLAND, [L.S.]

A memorial hereof is registered in the registry of the Counties of Lincoln and
Haldimand, the 26th day of November, 1831, at 9 o’clock a.m., in Book N., Folios

136, 137.

JOHN LYONS,

= Remstrar.
No. 653.

To all to whom these presents shall come:

Hannah Playter, of the Township of Vaughan, in the Home District and Pro-
vinee of Canada, widow; John Langstaff, of the Township of Markham, in said
Home District, gentleman; and Lucy Langstaff, his wife, of the same place; John
Arnold, of said Township of Vaughan, gentleman, and Elizabeth Arnold, of the same

place, his wife, send greeting.

Whereas, His late Majesty King George the Third, by Letters Patent under the
Great Seal of the late Province of Upper Canada, bearing date the fifteenth day of
December, in the thirty-seventh year of His reign, did give and grant unto the
Honorable David William Smith, of the then Town of York, in the said Home Dis-
trict, Esquire, his heirs and assigns for ever, all that parcel or tract of land situate
in the Township of Southwold, in the then County of Suffolk, now the County of
Middlesex, in the District of London, in said then Province of Upper Canada, con-
taining four hundred and fifty acres, be the same more or less, being lots numbers
ten in the first concession, and numbers nine and ten in the front concession of said
Township of Southwold, to have and to hold the said parcel or tract of land unto
and to the use of the said David William Smith, his heirs and assigns, subject never-
theless to certain reservations, limitations and conditions in said Letters Patent,
expressed and contained as by Our said Letters Patent will appear. And whereas,
the said David William Smith, by Indenture of bargain and sale bearing date the
fourth day of September, in the year of Our Lord one thousand seven hundred and
ninety-eight, and made between the said David William Smith, then of the Town of
York, in the Home District of Upper Canada, of the first part, and Abner Miles,
then of the same place, inn-holder, of the other part; he, the said David William Smith |
for the consideration therein expressed did, among other lauds, tenements and heredi-
taments, grant, bargain and sell, release and confirm unto the said Abner Miles said tract
or parcel of land and premises situate in the Township of Southwold aforesaid, being
said lots number ten in the first concession, and lots numbers nine and ten in the
front concession of said Township of Southwold, together with the woods and waters
thereon growing and being, and all and singular the appurtenances to the same
belonging or in anywise appertaining, subject to the reservations, limitations and
conditions contained in the original grant thereof from the Crown; to have and to
hold the same and every part and parcel thereof unto and to the use of the said
Abner Miles, his heirs and assigns for ever. And whereas the said Abner Miles
being seized in fee of said lots number ten in the first concession, and lots numbers
nine and ten in the front concession of said Township of Southwold, departed this
life without having disposed of said lots of land by will or otherwise on or about

the twenty-sixth day of July, in the year of Our Lord one thousand eight hundred

and six, leaving James Miles his heir-at-law him surviving and entitled to the inheri-

Vv