To have and to hold the same and every part thereof unto the sole use and
vehoot of Our said Sovereign Lady the Queen, Her heirs and successors forever ;
together with the said letters patent to the said Alexander Harrow, to be cancelled,
and the said William Salmon for himself, his heirs, executors and administrators,
doth by these presents covenant, grant and agree to and with our said Sovereign
lady the present Queen’s Most Excellent Majesty, Her heirs and successors, that he,
the said William Salmon, at the time of the executing and delivery hereof is and
stands solely, rightfully and lawfully seized of a good, sure, perfect, absolute and
indefeasible estate of inheritance, in fee simple of and in said land, tenements,

hereditaments, and all and singular other the premises hereinbefore mentioned with —
their, and every of their appurtenances, and of and in every part and parcel thereof,

without any manner of forfeiture, reservation, limitation, provisoes or conditions ;
other than are contained in the original grant thereof from the Crown, and that he
the said William Salmon now hath in himself good right, full power, and lawful and
absolute authority to grant, surrender and yield up the said land, tenements, heredi-
taments and premises hereinbefore mentioned, with their and every of their appur-
tenances, unto Our said Sovereign Lady the present Queen’s Most Gracious Majesty,
(ler heirs and successors forever in manner aforesaid, and will warrant and defend
the same to Our said Sovereign Lady the present Queen’s Most Gracious Majesty,
Her heirs and successors, of and from the right, title, interests, claims and demands
of all and every person or persons whomsoever.

Ixy Witness Wuereor, the said William Salmon hath hereto set his hand and

seal this eighth day of March, in the seventh year of Her Majesty’s reign, and in

the year of Our Lord one thousand eight hundred and forty-four.
Signed, sealed and delivered}

in the presence of: ‘ WILLIAM SALMON. sional is oe
JoHN W. Gwynne,
C. Foster.
£150.

Received the day and year last within written, the sum of one hundred and
fifty pounds, being the consideration money within mentioned to be paid to me.

I say received. }

Witness: \ WILLIAM SALMON.
JOHN W. GWYNNE. J

OFFICE OF THE SECRETARY OF STATE FOR CANADA,
JtEGISTRAR’S Brancu, Orrawa, 23rd April, 1868.
I hereby certify that this Indenture has this day been entered on the records of
this office, in Lib. C.S., Folio 337. 7
HECTOR L. LANGEVIN,
Secretary of State and Registrar of Canada.

DEPARTMENT OF THE SECRETARY OF Stare oF Canapa, RecistRar’s BRANCH.
Ortawa, 8th January, 1887.
{ I hereby certify the within to be a true and faithful copy of the record of the
original deed of surrender to the Crown, as entered in Liber C.S., Folio 337.

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

No. 232.

To all to whom these Presents shall come :

Charles Baby, of the Town of Sandwich, in the Western District and Province

of Canada, and William Baby, of the Township of Harwich in the said Western
District, Esquires,—send greeting.

.
oe eee | Ue

7
183

Whereas, his late Majesty, King George the Third, by the Grace of God of the
United Kingdom of Great Britain and Ireland, King, Defender of the Faith, did by
his letters patent bearing date the eighth day of August, in the
penona mune, eo" of Our Lord, one thousand seven hundred and ninety-nine,
1844. under the seal of the Province of Canada, give and grant unto
Surrender to the the Honourable Peter Russell, of the then Town of York, m the
Crown of Lot No. 17, : : :
im Concession D, and Home District and Province of Upper Canada amongst others
the broken front of certain parcels or tracts of land situate in the Township of Dela-
Lot No. 17, in Con- Wore, in the District of London and Province aforesaid, and

cession C, and Lot : : ;
No. 22, in Conees- hereinafter more particularly described and the same parcels or

ee Grin the Town- tracts of land were afterwards by an Indenture bearing date the
ship of Delaware, in 5 ‘ :
the Londen District. eighteenth day of March, one thousand eight hundred and s1x,

duly bargained, sold and conveyed by the said Peter Russell, unto
and to the use of the Honourable James Baby, of the Town of York aforesaid, his
heirs and assigns forever. And whereas the said Honourable James Baby departed
this life on or about the twenty-fifth day of February, in the year of Our Lord one
thousand eight hundred and thirty-three, having first made his last will and testa-
ment in the words following, that is to say : “Tn the name of God, Amen. I, James
Baby, of the Town of York, in the Home District of the Province of Upper Canada,
Esquire, being in perfect health and sound mind and memory do make and declare
this my last will and testament, +n manner following : First, I recommend my soul
unto Almighty God, and I do entreat his mery thro’ His only Son Our Lord and
Saviour Jesus Christ.

“ Ag touching my worldly estate, I give devise and dispose of the same in the
following manner: I will that my just debts be paid, should any remain unpaid at
my decease. I hereby give and bequeath unto my executors hereafter named, my real
property for the express purpose of satisfying the same, after which I will that the
residue of my lands, messuages, hereditaments, and tenements, with my personal
estate or the proceeds thereof (f sold by my executors, which T hereby authorize
them to do for the benefit of my children), be divided in equal shares among my S1X
beloved children, namely, Eliza Ann, James Francis, Charles Thomas, Henry Ray-
mond, John Edward and William Lewis. And I institute, make and ordain the
Honourable Thomas Clark of the T ownship of Stamford in the District of Niagara,
in Upper Canada; the Honourable and Reverend Doctor John Strachan, of York, in
the Home District of Upper Canada; William Allen of the same place, Esquire,
and John Baptiste Baby, of the Town of Sandwich, in the County of Essex, in the
Western district of Upper Canada, aforesaid, Esquire, executors of this my last will
and testament, and I do hereby utterly disallow, revoke, and disannul all and every
other former testaments, wills, legacies, bequests and executors by me in any wise
before mentioned willed and bequeathed, ratifying and confirming this, and no other,
to be my last will and testament.”

And whereas Henry Raymond Baby, late of Sandwich aforesaid, third son of
the said late Honourable James Baby, became seized of the said lands in the Town-
ship of Delaware, hereinafter more particularly described under and by virtue of
the above recited will of his late father.

And whereas, the said Henry Raymond Baby, late of Sandwich aforesaid, by his
several deeds of bargain and sale, respectively bearing date the twenty-fifth day of
September, in the year of Our Lord one thousand eight hundred and thirty-five,
and made between the said Henry Raymond Baby, of the one part, and Thomas
Clark, of the Township of Stamford, in the District of Niagara, Esquire, of the
other part, did grant, bargain, sell and convey and assure unto the said Thomas
Clark, his heirs and assigns, all and singular the lands hereditaments, and premises
with the appurtenances hereinafter mentioned.

To have and to hold the same unto the said Thomas Clark, his heirs and
assigns forever ; but, nevertheless, upon the trusts and to and for the ends, interests
and purposes expressed and declared in and by a certain Indenture or declaration
184

— ————-— —. KS _*"n

— et — _____

of trust, bearing date the day and-year last aforesaid, and signed by the said Henry
Raymond Baby and the said Thomas Clark, respectively, amongst other things in
the first place to sell and dispose of the same, and apply the proceeds towards pay-
ment and satisfaction of a certain debt due and owing by the said Henry Raymond
Baby to the said Thomas Clark, as also a certain other debt due and owing by the
said Henry Radmond Baby to the late firm of Clark and Street.

And whereas the said Henry Raymond Baby did in his lifetime, to wit, on the
fifth day of July, in the year of Our Lord one thousand eight hundred and thirty-
six, at Lynn Regis, in the County of Dorset, in that part of the United Kingdom of
Great Britain and Ireland, called England, make and publish his last will and testa-
ment in the words and form following, that is to say : |

In the name of God, Amen. I, Raymond Baby, being of sound body and mind,
do make this my last will and testament, having appointed Thomas Clark, Esquire,
Canada, my lawful agent for the disposal of my property belonging to me in Upper
late of the Township of Stamford, in the Niagara District and Province of Upper
Canada, consisting of upwards of three thousand acres of land, besides a house and
lot of two acres in the city of Toronto, amounting in all to about six thousand
pounds, Upper Canada currency : It is my will that all my just debts should be
first paid out of the proceeds of the sale of the above and that the remainder, after
the payment of such debts, should be disposed and divided in the following manner:
That the balance, after the payment of my just debts, should be placed in bank stock
or other beneficial funded property in Upper Canada, and that the interest thereof
should go to the support of my beloved brother, Edward Baby during hig life, and
that it be at the option of my brother William to keep and support Edward, and
to receive the interest thereof through the hands of my executors, to be hereafter
named. In case William declines this proposal, I authorize my executors to nomi-
nate a fit person and to pay him the interest. That in the event of Edward’s death,
it is my will that the property so placed at interest should be equally divided between
my brothers Charles and William, reserving one hundred pounds to be paid to my
nephew, Raymond Casgrain, at his becoming of age * * * the interest thereof to
be received by William Baby until such period, and to carry into effect this my last
will and testament. I nominate and appoint as my executors Charles Baby, of the Town
of Sandwich; William Lee and James Nation, both of the City of Toronto, Esquires.

And whereas the said Henry Raymond Baby departed this life on or about the sixth
day of August, in the year of Our Lord one thousand eight hundred and forty without
revoking or altering his said last will and testament above recited. And whereas
the said Thomas Clark in his life time did by his last will and testament duly exe-
cuted to pass real estate, bearing date the twenty-ninth day of January, in the
year of Our Lord one thousand eight hundred and thirty-one (amongst other things)
vill, devise, assign and make over unto the said Samuel Street, Robert Grant, of
Queenstown, in the District of Niagara aforesaid, Esquire, and James Hamilton of
Saint Thomas, in the District of London, Esquire, their heirs, executors, adminis-
trators and assigns, all the property real, and personal, of whatever kind he might die
possessed of, either in fee, possession, remainder or contingency, to be disposed of by
them the said Samuel Street, Robert Grant and James Hamilton, or the survivors or
survivor of them, or the heirs, executors or administrators of such survivors or sur-
vivor for the payment of debts and legacies and for other purposes in the said will
mentioned.

And whereas the said Thomas Clark afterwards departed this life without revok-
ing or altering the said will; and whereas the said James Hamilton by a certain
deed or instrument, under his hand and seal, and dated the twelfth day of June, in
the year of Our Lord one thousand eight hundred and thirty-seven, did renounce and
disclaim all the real and personal estate, trusts, powers and authorities whatsoever
in and by the said will of the said Thomas Clark willed, devised, assigned and made
over to him, jointly with the said Samuel Street and Robert Grant, and all trusteeship

185

thereof, and all rights, powers and autharities thereunto belonging or in any Wise
relating to or annexed.

And whereas the said Robert Grant since the making of the said will and the
renunciation of the said James Hamilton hath departed this life, leaving the said
Samuel Street him surviving. And whereas the said Thomas Clark, at the time of
his death, was seized of or well entitled to the lands and tenements hereinafter men-
tioned upon the trusts and to and for the ends, intents and purposes expressed and
declared of and concerning the same.

And whereas the said Samuel Street as surviving trustee and executor as atore-
said, did by indenture of bargain and sale, bearing date on or about the fifth day of
July, in the year of Our Lord one thousand eight hundred and forty-two, grants,
bargain, sell, relinquish, release and quit claim unto the above named Charles Baby
and William Baby (among others) certain parcels or tracts of land in the Township
of Delware, hereinafter more particularly described. And whereas the said Henry
Raymund Baby in his lifetime entered into a certain agreement with Samuel Peters
Jarvis, Chief Superintendent of Indian Affairs, for the surrender of the said lands
to the Crown for the use and benefit of the Oneida Tribe of Indians, formerly of the
State of New York, in the United States of America, now settled on the said lots, and
their lands contiguous in the Township of Delaware, in the District of London and
Province aforesaid, and so soon as he should receive from the said Samuel Street,
surviving trustee and executor of the estate of the late Thomas Clark, a re-convey-
ance of the same. And whereas, the said Henry Raymond Baby departed this life
before the execution of such deed or instrument. And whereas the said Charles
Baby and William Baby are desirous of fulfilling the contract entered into by the
late Henry Raymond Baby, and of surrendering to the Crown the said lands in the
Township of Delaware, hereinafter more particularly described.

Now Kyow YE that the said Charles Baby and William Baby, for several good
causes and considerations them thereunto moving, and also for and in consideration
of five hundred and twenty-five pounds of lawful money of the Province of Canada,
to them in hand well and truly paid by Our Sovereign Lady the Queen, at or be-
fore the sealing and delivery of these presents, the receipt whereof they do hereby
acknowledge, have granted, surrendered and yielded up, and by these presents do
grant, surrender and yield up unto Our present Sovereign Lady the Queen’s Mest
Excellent Majesty, Her heirs and successors, all and singular that certain parcel or
tract of land and premises situate, lying and being in the Township of Delaware im
the County of Middlesex, in the London District and Province of Canada, containing

three hundred acres, be the same more or less, which said three hundred acres of
land are known as lot number seventeen in Concession D, and the broken front of
lot number seventeen in Concession ©, in the said Township of Delaware, and thus
described, that is to say : Commencing at the northernmost anvle of the said lot
number seventeen in the said Concession D; then south twenty degrees, east twenty-
nine chains, more or less, to lot number eighteen ; then south seventy degrees, west
one hundred and thirty-five chains, more or less to the allowance for road between
Concessions B and C, then north twenty degrees, west to the River Thames, then
northerly along the River Thames, up stream to lot number sixteen, then north
seventy degrees, east to the place of beginning, and including the public allowance
for road between Concessions G and D, and also all and singular that other tract
or parcel of land and premises situate, lying and being in the said Township of
Delaware, and known as lot number twenty-two in Concession C, of the said Town-
ship of Delaware, containing two hundred acres, be the same more or less, which
said two hundred acres of land are thus described, that is to say : Commencing at
the northerly angle of said lot number twenty-two, then south seventy degrees, west
sixty-five chains seventy links, more or less, to the allowance for road between Con-
cessions B and C, then south twenty degrees, east twenty-nine chains, eighty links,
more or less, to lot number twenty-three, then north seventy degrees, east sixty-five
chains seventy links, more or less to the allowance for road between Coneessions ©

i—33 |
186

and D, then north twenty degrees, west twenty-nine chains eighty links, more or less,
to the place of beginning.

Together with all and every of the houses, outhouses, buildings, erections, fences,
improvements, ways, waters, profits, commodities, hereditaments and appurtenances
on the said parcels,- tracts or lots of land, or any or either of them, erected, lying
and being or thereto belonging or in anywise appertaining. And the reversion and
reversions, remainder and remainders, rents, issues and profits thereof and of every
part and parcel thereof with the appurtenances. And also all the estate, right,
title, interest, trust, property, claim and demand whatsoever, either at law or in
equity, of them the said Charles Baby and William Baby, of, in, to or out of the same
and every part thereof, with the appurtenances either by virtue of the above recited
will or otherwise howsoever. To have and to hold all and singular the said parcels
or tracts of land and premises hereinbefore described, with the appurtenances, unto
Our said Sovereign Lady the Queen, Her heirs and successors, to the only proper
use benefit and behoof of Our said Sovereign Lady the now Queen, Her heirs and
successors forever. Together with the letters patent or grant of the said parcels or
tracts of land under the Great Seal of the Province of Upper Canada. And the
said Charles Baby and William Baby do hereby for themselves, their heirs, executors
and administrators, and for every of them, covenant, promise and agree to and with
Our Sovereign Lady the Queen, Her heirs and successors, by these presents in man-
ner and torm following, that is to say :—

That neither the said Henry Raymond Baby, deceased, in his lifetime, nor any
of his ancestors, nor any person through whom he claims, nor the said Charles Baby
and Wiliam Baby, nor any person through whom they claim, have or hath made,
done, committed, or wittingly or willingly suffered any act, deed, matter or thing
whatsoever, whereby or by means or occasion whereof the hereby granted and sur-
rendered premises or any part thereof are, is, shall or may be in any wise impeached,

charged or incumbered in title, charge estate, or otherwise howsoever. And also

that they the said Charles Baby and William Baby, and all and every other person
and persons having or lawfully claiming, or who ghall or may have or lawfully or
equitably claim at any time or times hereafter any estate, right, title, trust or
interest of, in, or to the said several parcels or tracts of land and premises with the
appurtenances, by, from or under the said Henry Raymond Baby, Charles Baby or
William Baby, or their or either of their ancestors, or any person through whom
they or either of them claim or any of them shall and will from time to time and
at all times hereafter, make, do, acknowledge, levy, suffer and execute or cause or
procure to be made, done, acknowledged, levied, suffered and executed all and every
such further and other lawful and reasonable act and acts, thing and things, devices,
conveyances and assurances in the law whatsoever for the further better and more
perfect and absolute granting, conveying, surrendering, yielding up and assuring
unto Our Sovereign Lady the Queen, Her heirs and successors, the said several
parcels or tracts of land and premises, with the appurtenances, unto and to the use
of Our said Sovereign Lady the Queen, Her heirs or successors, as by our Sovereign
Lady the Queen, Her heirs and successors or Her or their counsel learned in the law
shall be lawfully and reasonably devised or advised and required.

In Witvess Wuereor the said Charles Baby and William Baby have to these
presents set and put their hands and seals the second day of June, in the year of
Our Lord one thousand eight hundred and forty-four, and in the seventh year of Her
Majesty’s reign.

Signed, sealed and delivered by the) CHARLES BABY, [L.8.]
within named Charles Baby and Wil-} WILLIAM BABY. [L.S.]
liam Baby in the presence of: }

Epw. B. PALMER,
JNo. BLAcK,
R. Stewart Woops.

OFFICE OF THE SECRETARY OF STATE FOR CANADA,
REGISTRAR’S BRANCH, OTTAWA, 17th April, 1868.

I hereby certify that this surrender has this day been entered on the records

of this office in Lib. C. S., Folio 314.
HECTOR L. LANGEVIN,
Secretary of State and Registrar for Canada.

I hereby certify the within to be a true and faithful copy of, the record of the
original surrender to the Crown, as entered in Liber C. S., Folio 314.

L. A. CATELLIER,
Deputy Registrar-General of Canada.

No, 2383.

Tus Inp=ntuRE, made the twentieth day of December, in the year of Our Lord
one thousand eight hundred and forty-eight, between Charles Baby, of the Town
Re ay ance of Sandwich, in the Western District of the Province of Canada,
from Charles Baby Esquire, of the first part, Mary Baby (wife of the said Charles
to the Queen for Baby), of the second part, and Her Most Gracious Majesty and.

ENE Sovereign Lady, Victoria, by the Grace of God of the United
Kingdom of Great Britain and Treland, Queen, Defender of the Faith, of the third
part.

Whereas, the Honourable James Baby, then of York (now called Toronto), in
the Home District, departed this life in or about the month of February, one thou-
sand eight hundred and thirty-three, being seized in fee simple in possession of
(among divers other hereditaments) the lands and premises in Delaware, hereinafter
mentioned and described, and intended to be hereinaftr granted and released, with
their appurtenances, having first duly made and published his last will and testament
in writing, properly executed for passing real estate, bearing date on or about the
fifth day of July, one thousand eight hundred and twenty-three, whereby he devised
the residue of his lands and hereditaments (of which those hereinafter granted
formed part) to certain executors and trustees for the benefit of his six children,
share and share alike, of whom J ohn Edward Baby, hereinafter mentioned, was oue,
and the said will was afterwards duly proved in the proper Court at Toronto afore-
said.

And Whereas, the said children, after they had attained their respective ma-
jorities, came to an agreement among themselves many years ago to divide the suid
lands of the said testator by lot, and on such division the lands in Delaware, here-
‘nafter described, fell to and became the property and inheritance of the said John
Edward Baby, who has been deemed the owner thereof for many years past. And
Whereas, the said J ohn Edward Baby was, under and by virtue of a commission
“De Lunatico inquirendo,” issued from the Court or Chancery of Upper Canada some
time ago, found and declared to be a lunatic, and by an order of that court, bearing
date the fifteenth day of February, one thousand eight hundred and forty-four, the
Vice-Chancellor (Jamieson), ordered that the said Charles Baby should be appointed
committee of the person and estate of the said lunatic, the particulars whereof will
fully appear on reference to the proceedings filed of record in the said court, and
the said Charles Baby has duly acted as such committee. And Whereas the said
John Edward Baby, is still living, but is wholly incapable of managing his own affairs
and is still a lunatic, and therefore incompetent to execute these presents.

And Whereas, James Baby, of the City of Toronto, Esquire (who was the eldest
son of the said Honourable James Baby) would be the heir-at-law of the said John

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