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Tous les autres exemplaires originaux sont filmis en commenpant par la premidre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbole —^ signifie "A SUIVRE", le symbols V signifie "FIN". Les cartos, planches, tableaux, etc., peuvent dtre film6s d des taux de reduction diff^rents. Lorsque le document est trop ^rand pour 6tre reproduit '**'^; m-^-'^:x; ;:j';';-:'«ifp, ;\':-' CANADIAN FACTS. f.f. V"" .1 '.I ■•- ^IjI^-^O I si CAT '*~r' t'^TC The Honourable and Independenr»i^^nBi})6»Ys most respect- fully called to read this Pamphlet^ in hopes he wiH present a Petition for John Oliver. If Messrs. William H. Draper and Clark Gamble can produce any legal title that may have been issued previous to Petitioner's Deed, or if they can show by legal law proceedings (that have been attempted in this case) any right to dispossess him of his property, also if the Canadian Government can produce any legal document that has been signed by Petitioner, he will relinquish all claim whatever. But should it not seem good to the honourable House to put Petitioner in possession of his land he is willing to accept of full compensation. SAMUEL OLIVER, Agent ^ Mr. Lever's, King Street, Whitehall, Until 15th March inst. ^y-- 'V::'-;^f. X^f^ff^^SS^r^^i^^^^^f^ WW^^M^^. most respect- j'lh present a Gamble can I previous to ' proceedings to dispossess ernment can ►y Petitioner, le House to ng to accept ' . *•* T\ CANADIAN FACTS. "■fl — t PETITION OF JOHN OLIVER. To ffis Excellency Sir Edmund Walker Head, Barf., Governor Genera of British North America, &c. dx. &c. The humble petition of " John Oliver," of the city of Toronto, in the county of York and province of Canada, Most respectfully Siikweth, That your Petitioner has sustained serious Joss, occasioned by the following occurrence, viz., That in the year one thousand eight hundred and thirty- nine, Petitioner purchased, at *•' government sale," a certain portion of land on the fifth concession of the township of Scarborough, for which Petitioner received the " Queen's patent deed," bearing date the fifth day of March, one thousand eight hundred and forty. That your Petitioner erected a dwelling-house, barn and out-houses, on lot number ten of said concession, and resided thereon, cleared from twenty to twenty-four acres of land, planted an orchard, and had from sixteen to twenty acres bearing crop, when a claim was set up by " Messrs. Clarke Gamble and William H. Draper," barristers-at-law. This said claim was, to follow chain lengths out of the fourth into the fifth concession of the aforesaid township. The first suit was tried before Mr. Justice McLean, in the year one thou- sand eight hundred and forty-one, and was decided in favour of your Peti- tioner. Notwithstanding ^this, in the fall of the year one thousand ^sight hundred and forty-two, three several suits were brought before the late Justice Haggerman (deceased), who, although he had Petitioner's deed lying before him, charged against it in favour of claimants. The case was tried before three different companies of jurymen, two of which were led to believe that your Petitioner had no claim whatever to the land in question, and gave their verdict accordingly. The third, however, refused to give their verdict until th-y had examined the titles, which, being allowed, they brought in a verdict of one hundred and fourteen pounds in favour of Petitioner. Yet, notwith- standing this, the Judge entered one shilling damages against Petitioner. Before handing the "deed" to the Judge, it was placed before Mr. Draper, whose signature was attached to it, he being Attorney General at the time it was granted ; and when asked if he denied his signature, he replied " no," but that it was granted under the old government, but that this was a new one. CANADIAN FACTS. The next proceeding was, serving a writ of ejectment on Petitioner , to which said Petitioner isntered appearance in person. The trial was Dostno^jed^ Petitioner receiving no notu'.e oi' the same until Slieritf Jarvis came to Petitioner's house and asked possession; to said demand Petitioner ottered to comply if he (Jarvis) had legal - authority; but on Petitioner making said offer Jarvis went away without doing an;^thing. ^.„„«« w.« «iui u VI uune, m tne following year, Deputy Sheriff Beard and four armed men entered your Petitioner's house, seized a gun and carri^'d it away; which gun said Petitioner never saw ag'iin. Eight days afterwards, the aforesaid Deputy Sheriff returned with fourteen armed men, arrested the Petitioner, his son, and brother-in-law, and bound them in irons, and turned his wife and (7) children out on the town line. On the way to Toronto, Beard's party beat Petitioner in a most brutal manner (although bouud in irons), and af erwards lodged Petitioner and his brother-in-law in gaol, to await their trial All these proceedings were taken on the authority of a warrant, grantevl by the late Alderman Dixon, to arrest them, although twenty miles distant from the city. During the first four days of their confinement,, they were brought five times through the city of Toronto, from one magis-' trate to another, to get them committed, but in vnin. At length, Alderman Dixon himself committed them for fourteen days. Immediately upon committal, a document eo'stainlug fourteen interroga- tions was served upon your T*etitioner, to answer on oath, without allowing any time for consideration. 'Vhoy were then brought before Chief Justice Robinson (Uncle to Clarke iJamble), tried without & jury, sentenced to three months' close cunlinemeut in gaol, fined ten pounds each, and also to find security in a large ainount to keep the peace for two years. In this last trial the Queen was made plaintiff; Clarke (J amble (one of the claimants) Queen's councillor. Lord >Ietcalfe, then Governor (jcueral of Canada, was petitioned in the matter ; the result of which was, he was pleased to order their liberation, and also struck off the fines. Nevertheless, in the face of this order, Petitioner and his brother-in-law were detained in prison for three weeks after, and every fraction of the fines exacted : to pay which. Petitioner was compclle;'^ . to dispose of every thing he had left, at an enormous sacrifice. Upon the fourth day of Petitioner's imprisonment, three of Beard's men, and a fourth unknown, set fire to Petitioner's dwelling house, out-buildings, and all the property they contained ; and this outrage, too, was committed in open daylrght (Beard's party also refusing to allow Petitioner's son to remove any portion of the property from the building.) After this. Petitioner and brother-in-law were arraigned by the aforesaid " Robert Beard," and tried at the Quarter Sessions. Petitioner demanded a copy of the indictment, which was refused on this trial. Petitioner then summoned "Mr. Sheriff Jarvis," who swore that he had no authority to dispossess Petitioner, and that he did not know on what authority the " Deputy Sheriff Beard" had taken him. Notwithstanding this, Judge Burns (in his charge to the jury) stated that they (the jury) were not to take into coBBideration whether the writ was legal or not, but, if Beard was obstructed CANADIAN FACTS. 8 b on Petitioner , to trial was Dosttoijeds til Sheriff ^ >n; to said had legal ' irvia went iputy Sheriff Beard tid a gun and carri'^'l ght days afterwards, >d men, arrested the in irons, and turned the way to Toronto, (although bouiid in >cr-in-law in gaol, to I the authority of a em, although twenty »f their confinement,, nto, from one magis-' it length, Alderman ; Ibuvteen intciToga- ith, without allowing jeforc Chief Justice y, sentenced to three ach, and also to find rs. ; (J amble (one of the as petitioned in the • their liberation, and this order, Petitioner irce weeks after, and itioner was corapclle;^ crificc, „• ree of Beard's men, house, out-buildings, 00, was committed in loner's son to remove j^ned by the aforesaid etitioner demanded a •ial. Petitioner^ then had no authority to what authority the ing this, Judge Burns were not to take into Beard was obstructed in doing his duty. Petitioner and his brother-ii.-law were therefore on that chaige sentenced to pay a fine of one pound each and costs. Petitioner further complains that, although during the time of his impri- sonment his house and out-buildings and property therein were all burned, and the crops of from sixteen to twenty acres were wickedly and maliciously destroyed, in open daylight, that he could not get any magistrate that would commit any of the perpetrators of the outrage. Moreov'if, all letters addressed to any member of Petitioner's family (during the time the aforesaid law proceedings were being carried on) were opened by tb' post office officials ; which proceeding was sanctioned and supported by the Post Master, Mr. Berczy, of Toronto. Tfour Petitioner therefore humbly prays Your Excellency, as Her Majesty's representative in this Province, to cause Petitioner to be reinstated, in full and peaceable possession, of said lands, on lots eight, ten and eleven, in the fifth concession of the township of Scarborough aforesaid, for which he holds a "patent deed ;" or, should your PJxcellency prefer, your Petitioner would refer the whole case to arbitration ; one arbitrator to be chosen by your Excellency and another by Petitioner. Should the arbitrators fail to bring about a just and amicable settlement, your Petitioner further prays that your Excellency will be pleased to cause 'his petition to be forwarded to Her Slajesty's government, for their decision. And your Petitioner as in duty bound will ever pray, &c. John Oliver, Petitioner. Toronto, Juno 25th, 1858. N.B. Please address Samuel Oliver, 61, Victoria Street, Toronto, «8 agent for Petitioner. AFFIDAVIT OF WILLIAM OLIVER. Home Disirict, ) William Oliver of the Township of Whitby, yeoman, to wit : J maketh oath and saith, that he was present on lot number *i I in the fifth concession of the Township of Scarboro' in the Home District, the ear^y part of the month of June of 1844, and saw Robert Beard, De- puty Sheriff, and a party of armed men rob the premises of John Oliver of an empty gun, and no attempt was made to rescue the same. Deponent further saith, that a few days after, the said Robert Beard returned with a party of armed men, seized on John Oliver and James Drennon putting hand-cuffs on each of them, and no resistance was made by either of them ; they then turned out the family of the said John Oliver, and the greater part of his household furniture, but from his office-houses tb.ey removed nothing. Deponent further saith, that he accompanied prisoners to Christopher Hall's Tavern, a distance of about two miles, where he saw Robert Beard and his party holding John Oliver down on the floor, after binding his legs with ropes they then commenced kicking and beating the prisoner (John Oliver) in a most barbarous manner, his hands at the same time confined in irons. I ; AWMU'n-'^'wf /■')»! J ^^ij J :<:.:-!u ^< i u <.> ■ 4 CANADIAN FACTS. Deponent further saith, that towards the latter part of the same month, four men that were in company with the said Kobert Beard, namely, Bobert Har- rison, decea&ed, John Harrison, John McCright, and a stranger whom depo- nent doth not know, at the time when the said John Oliver and family were dispossessed, assembled on the aforesaid premises, called on deponent to remove the property belonging to the said John Oliver out of his office-houses, telling him they were going to fire the premises, which they did. Deponent further saith, that he immediately commenced to remove said property, but was prevented by said party, and all that was contained in said office-houses was consumed. William Oliver. Sworn before me this 25th day of November, 1848. Joseph Workman, a Magistrate. Alderman of the City of Toronto. LETTER TO LORD ELGIN. To His Excellence/ Lord Elgin, Governor General of British North Ame- ricUf drc. d'c. ¥• To CA1?ADIAN FACTS. . Doininick Daly, ompensation, and 5r quarter, and an 4 3ne thousand five |||^ romised reply, but th his Excellency, i seized by one of nd given into the for the purpose of Kxcelldncy, as this I been placed there f of Police," ^ho, matter; afterwards Lilt. The last step jal, who, finding no ^ p the peace, by not Icncy for a certain ! bail for him, wrote brouj^ht, which this hat his friend could of finding bail, but enuinc, wrote again id j»avc the required Captain Iliggiuson, questioning him as [vcr, or if ho would I question, offered to It he could have any- c, and informing the d be in settlement ot f amount of corapen- Itain Higginson said ^this deponent might hiat this, however, as Isamuel Olivee- COPY OF GRANT TO JOHN OLIVER. PROVINCE OF UPPER CANADA. George Arthcr. Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith. To all to whom these presents shall come — Greeting : Whereas John Olivar, of the city of Toronto, in the county of York, ij\ the Homo District, painter, hath contracted and agreed to and with our Commis- sioner for the sale of our Crown Lands within this Province, duly authorized by us in this behalf, for the absolute purchase, at ard for the price or sum of ^. .i. of lawful money of our said Province, of the lauds and tenement.^ hereinafter mentioned and described, of which wo arc seized in rit^ht of our Crown. Now know ye, that in consideration of the said sum of " . >. by him the said John Oliver to our said Commissioner of Crown Lands in hand well fvnd truly paid to our use, at or before the sealing of these our letters patent, we have granted, sold, aliened, conveyed and assured, and by these presents do grant, sell, alien, convey and assure, unto the said John Oliver, his heirs and assigns for ever, all that parcel or tract of land, situate, lying and being in the township of Scarborough, in the county of Y^ork. in the Home District of our said Province, containing by admeasurement ^ " acres, be the same more or less, which .said " ^ -^ acres of land may be otherwise known as follows, that is to say: being composed of the rear parts of lots Nos. 8, 10 and 11, in the 5th concession of the said township of Scarborough, commencing at a distance of twenty-six chains on a course of north sixteen degrees west, from the south-east angle of each of the said lots respectively; then north sixteen degrees west, six chains, more or less, to the allowance for road in rear of the said township; then south seventy-four degrees west, twenty chains, more or less, to the allowance for road between lots Nos. 8 and 1), 10 and 11, and to the limit between lots Nos. 11 and 12, respectively; then south sixteen degrees east, six chains, more or less ' lands granted to John White in each of the said lots; then north seveut}-]- :r degrees east, twenty chains, more or less, to the place of beginning in eacu lot. Recorded 30th March, 1840. W. H. Draper, Attorney General. COPY OF GRANT TO JOHN WHITE, UNDER WHICH MESSRS. GAMBLE & DRAPER CLAIM. UPPER CANADA. Peter Eussel:-. George the Third hy the Grace of God, of Great Britain, France a}id Ireland, King, Dejender of the Faith, and so forth. To all whom these Presents shall come, greeting : Know yc, that we, of our .special grace, certain knowledge and mere motion, have given and granted, and by these presents do give and grant unto John White, our Attorney General, and his heirs for ever, a ceitain parcel or tract of land, situate in the township of Scarborough, containing by admeasurement 8 CANADIAN FACTS. i^ 1/200 acres, with the usual allowance for roads, be the same more or less, being composed of lots number 32 and 33 in the broken front A, and the south part of 32 and 33 in the broken front B, and lots number 8, 10 and 11, in tlie 4th concession, and situate, lying and being, in the township of Scarborough aforesaid, in the county of York (East Riding), and Homd District, of our Province aforesaid, together with all the woods and water? thereon lying and being, under the reservations, limitations and conditions, hereinafter expressed ; which said twelve hundred acres of land are butted and bounded, or may bt otherwise known as follows (that is to say) : begin' ning on the south c&st angle of lot number 34, on the bank of Lake Ontario, thence north 16 dcgvecs west 114 chains, thence north 74 degrees *.ast 40 chains, thence south 16 degrees east to Lake Ontario 36 chains, more or less, thence westerly along the bank of the lake to the place of beginning, being 400 acretj. Then again beginning in the 4th concession, at the south easterly angle of each lot respectively, and running thence south 74 degrees west in each lot 20 chains, thence north 1 6 degrees west 134 chains, thence north 74 degrees cast 20 chains, thence south 16 degrees east 134 chains, to the place of beginning in each lot ; being 800 acres. ETTER FROM SIR EDMUND W. HEAD. Governor's Secretary's Office, Toronto, July 12th, 1858. Sir, — I am directed by His Excellency the Governor General to acknow- ledge the receipt of your petition, dated 25th June, in which you ask His Excellency to reverse the decision of the ordinary courts of justice. In reply, I am to inform you that His Excellency has no power to comply with your request, and ho cannot reinstate you in lands, from which you have been by course of law ejected. He must therefore decline to interfere in the matter. I return the several documents which accompanied your petition. I am. Sir, Your most obedient servant, 11. T. Pennefather. Mr. John Oliver, Victoria Street, Toronto. Keele's Law Manual, on Public Lands, page 180. By the -i and 5 Vic. chap. 100, sentence 29, the Court of Chancery in Upper Canada, and King's Bench in Lower Canada, authorized to repeal patents issued through fraud or in error or mistake. By 38 Geo. III. chap. 1, monuments may bo placed at the corners of every township and concession, and the lines from the monuments so erected shall be the permanent boundary lines of such township and concession. MACLBAR & CO., PRINTERS, 17 & 19 KING STREET EAST, TORONTO. )e the same more or less, broken front A, and the d lots number 8, 10 and )eing, in the township of 3ast Riding), and Home« all the woods and water? mitations and conditions, acres of land are butted 5 (that is to say) : begin- be bank of Lake Ontario, north 74 degrees <. ast 40 36 chains, more or less, jlace of beginning, being sion, at the south easterly south 74 degrees west in 134 chains, thence north es east 134 chains, to thr kV. HEAl}. [iy's Office, •onto, July 12th, 185S. ernor General to acknow- ine, in which you ask His Durts of justice. In reply, lower to comply with your a which you have been by to interfere in the matter, cd your petition. cnt servant, 11. T. Pennefathek. 89. .i3y the 4 and 5 Vic. Upper Canada, and King's its issued through fraud or cod at the corners of every lonuments so erected shall and concession. iET EAST, TORONTO.