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 1 
 
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w 
 
 CASE 
 
 OF THE 
 
 IPIBQUMPIB IPIB^lPllIBIPlf 
 
 ^ 
 
 AT 
 
 L'ANCE-DES-MERES. 
 
^ #* 
 
 '♦. 
 
 m 
 
 \ t> V 
 
Case of the UrsuUnc Property at VJince des Menu. 
 
 IN 1832 Mr. John Fraser of Quebec, ])urcliased from the Ursuline Nuns, a cei'tain 
 properly situate on the River St. Lawrence, at a place called L'ance des Mires, near Quebec, 
 and on the 28lh September in that yenr he petitioned the Governor for a cuminulailon of the 
 'J'enure, the property being within the Cemive of His Majesty. 
 
 After an inquiry into the Title of the Nuns, which occupied a period of nearly three 
 years, the matter was finally decided by two Uepnrls of the Executive Council, dated Slat 
 July and 3d September, 1833— [iVe Appendix A & B.] — recommending that the prayer of 
 Mr. Fraser's petition should be granted for that part of the property siluale above high- 
 water mark only, and that the oilier part, below high-water mark, being the Beach, (the 
 Nuns' title to which was objected to,) should be framed to him on his engagin>» lo pay 
 an annual rent to the Crown, to be calcidaled on the amount of its value ut six per 
 Cent. The Government, as is usual in such cases, called on Mr. Fraser to appoint an urbi- 
 iraior to meet one that the Government would name, to value the properly above and below 
 high-waier mark, to ascertain what sum Mr. Fiaser should pay foi a gmni of ihe wlijle in 
 free and common soccage. Mr. Fraser appointed Mr. Hobert Wood, aM<l the Government 
 appointed Mr. William Phillips, and two Instruments [See Appendix C. & D.J weree.xecuietl 
 by Lord Gosford, which stale, thai the Government and Mr. Fraser had mniually agreed 
 that these gentlemen s-hould value ihe property, lo ascertain what sum Mr. Fraser should 
 pay, and (hat their award should be " definilive." 
 
 The Arbiirators sent in their award a2d October, 1835, [See Appendix E. & F.] valu- 
 ing the property above high-waier mark at ^^2,221, and ihe properly below high-waief 
 uiark, exclusive of the improvements, at £285, which award was received and accepted by 
 both parties without objection or comment, and immediately acted on by the Government 
 pereni|)iorily demanding, and by Mr. Fraser paying thi' sunt of £222 for the commutation 
 of the land above high-watermark, being 10 per Cent, on the £2,224, the amount of the 
 Arbitrators' valuation of thai pan of the property, and Letters Patent were issued accord- 
 ingly in Mr. Fraser's name. 
 
 The Government continued with every appearance of sincerity and good faith to fulfil 
 the remainder ot the award, by ordering JLeiiers Patent to be engrossed for the grant of the 
 remainder of the property below high-water mark, and the (lovernment Officers demanded 
 ilieir f<?es on this Patent m advance, which was also paid, amounting to £231 7. 6., and 
 the Patent was engrossed accordingly, containing the amount of rent payable on (he Arbi- 
 trators' valuation at 6 per Cent, and laid beforeLord Gosford for signature ; but to the surprise 
 of ilie parlies inlerested, on applying for the Patent, they were told that it was not executed, 
 and tbey were kept in a stale of suspense until May, 1830, when an approved Ueport of 
 Council'was delivered to them, dated 16 Jan., 1836, [See Appendix G,'\ by which the Council 
 recommended (he Governor (o increase (he Arbitrators' valuation to two pence per super- 
 ficial foot, which would amount to about jg3,600 ; on the grounds, as s(a(ed in the 
 Ueport, that in the opinion of the Council the property had evidently been undervalued. — 
 This gross act was committed after the Government had received £222 of the money of these 
 parties by virtue of that very award which the Council now recommended the Governor to set 
 aside, and after the Government Officers had received in advance the sum of £231 for their 
 fees on the yet unexecuted Patent. 
 
 During the inquiry into the title of the nuns, Mr. Fraser sold his rights to John Bonner 
 and William Petry, allowing them to prosecute the business to a conclusion in his name, and 
 they, placing confidence in the report of Council of 31st July, 1835, had by this time 
 expended nearly £3,000 in improvements on the premises, and by this refusal of the Govern- 
 ment to abide by (he award of the arbitrators, after obtaining their money on the promise of 
 agreeing to it, they found themselves placed in a situation ot extreme diiiiculiy,and frotn which 
 ihey knew not how lo extricate themselves, — to abandon the property alter expending £3,000 
 upon it, or to accept it nn the Council's valuation were both equally ruinous. — On the 26ih 
 April, 9th and 16th May, 1836, they sent in firm remonstrances against the injustice of the 
 Government in refusiug to abide by the award of the arbitratorb> and after being kept in a state 
 of anxious suspense, hardly to be described, for eight months longer, in the month of Septem- 
 ber following an approved report of Council of 27th June, 1836, (See appendix, H.) was deli- 
 vered to them, in which the Council recommended that the valuation should be reduced to 
 £1,293 6 9. which is stated to be in proportion to the valuation of Ihe adjoining property 
 recently granted to Mr. J. S. Campbell. 
 
 Before this report of (he 27th June, 1836, was communicated to Bonner and Pe'ry, i.id 
 while they were igiiorant of its existence, (hey weresent for in the month of September, 1836, 
 by Mr. Walcoit, Civil Secretary, who informed them, that the ultimatum of the GoTernmeni 
 
 A 
 
•uiii for t," and on liis savi.urii «,,;«„ I i ^ H'''^" =" ' We never can eive micli ii 
 
 .ndP«n,;aid,.Wf.MK^cls:rrewm:^^^^^^^^^^^ Air. Campbell's bej. Bol^ner 
 
 diflicul.y, however, they obtained from M r Freer one ,.f !„ T '^ . ''* '^"'"'5 "f'*'* """'B 
 
 £166 ISs. 4d. 
 water mar 
 the prone 
 
 water mark to hl«hw;-;e7m:rk^7/i;;aXopi„i:„"'„n^^^^^^^ '" ''"•^"' -- «ow 
 
 Pi arpei,,s .8 ,„ proportion to f 1C6 13s. 4d. for six"^ a menu -h... K '"r*' ^*"'"'" ^'^^S for 
 . u IS St. I more so when the fact is taken into consXa,io7,h« tt' r " *"*''' " *""""^"» 
 n.nr months More, by virtue of the arbitrators' n7Z h2»,.^a P'"'^'^'''"'''''- ''«d. only 
 & Petry, £222 for thecommn.mlnn ,.f ,A.J".!.."-"'_T' demanded and received from Bonner 
 
 3s. 4d. .dr. Campbell's property is 8 xaroeniso'r , '*l";«"ent. « capital of 
 
 ark to the foot of the cliff, including a I The laid Lnd I. '"l'"'^' '" ^^^P"' «»'" '"w 
 
 per.y of JJonner & Pe'.ry is Kpel St al IT "^'^ ''^'' "•"«"• -"a'k ; 
 
 9rk.ohlshwHtermarko„^.a,,dtn.hr„Lll"Lrr l^.l'*"''*. '">P'l' »Vom lo^ 
 
 •y 8 pro- 
 It raiors in Mr. 
 each others vaiua- 
 
 claim for the fulfilment of that soLin aCtLn. «. . "^"^P" 'V """in'Snawe of their 
 vince would afford then, no redressTgS KVol „U"* «^ Court, of the Pro- 
 
 in pointing out to Mr. Wulcott that tE mlaJn^'^hZ '^\''^'"^"> but they lost ,io time 
 Mr.CnQ,pbellV, as he had lep/e.emed ^,^0 f.ff ?'.''°*^*''?" ^*'»'"' *«» Proportion tl 
 Walcott would not li.eeu to this lenSt unc tnd s^ff tCh, f ^ •'^^•-l'««' '» J but Mr 
 would not bring it before the Council atf in Vo 1 ' .M^ 1"'*^ '''"' '''"*'"^'' ""'' ''e 
 remonstrance on the 2d St-oteinber I8S7 »...»„» f * ^'"7. '"owever, sent hi another 
 
 acknowledged, and n few ' ^ t lb o L^rS ^ "oticed oV the reiH;t ohJ 
 
 With n.uch difficultv, a short note f,om the 01?! t ... f "'*■ ""^•"^ '^e parties obtained 
 been unable to pve the matte, further consU e LS ! v"^' T'"^ "'"' '^""' ^osford had 
 business. Sir John Colborne's re-Mdence „ Mo !, .■. '^ ''Tr "^ """•« i'"portant 
 
 fj"!- , P" i°''' '^"'•*'""' "«^'"»i"g tf'e Go ".mnen of th^ p" "f " ''^'"^ brought "^before 
 -ted by Bonner and Pet^, anc^Mr. ^1^;:'^:^;:'^.!^^ £:;::7i^::-^Z 
 
 ■^1 
 
give Riicli a 
 icli, Bonner 
 
 mime, it wqa 
 Uuiiiier ami 
 were issued 
 '»lu8(ioo, of 
 
 tiqn upplied 
 is usually 
 nfter some 
 occBuion, » 
 B''P. (*fff 
 
 laid out in 
 awarded, 
 capital of 
 li from low 
 >ter mai k ; 
 from low 
 if 1 293 for 
 stBiement 
 Imd, only 
 nu Bunner 
 k, and in 
 id in the 
 1 10 make 
 lie report, 
 at he hud 
 is expen- 
 Hiion for 
 
 i« JUDI to 
 
 'cesjand 
 irexpen- 
 properiy 
 I did, are 
 »illiouirh 
 
 to make 
 un», the 
 artion of 
 'e depih 
 lie value 
 15s, 6d. 
 Walcott 
 it IB tors* 
 6d. and 
 y's pro- 
 in Mr. 
 
 Talui^> 
 
 vard of 
 t' their 
 le Pro- 
 u time 
 tiun to 
 It Mr. 
 ind hp 
 lotlier 
 It of it 
 [lined, 
 (1 hud 
 >rtunt 
 tefore 
 I pre- 
 riutQ 
 
 tlie cuae, but lome. influence WM exercJied that induced him to decline it. On the first 
 vitit of the present, Governor to Quebec, tlui parties k it in a memorial chiiming • redu- 
 tion ill the rent of ihejr properly, on the grounds ot the error in its valuation, as com- 
 pared to Mr. CumpbeU'o, and succeeded in bringing the case once more before the Counci< ; 
 and on 17th November, «84Q, iliey vrere furnished with an approved report ofCouncH 
 duletl fid August, J840. {See Appendix K:) 
 
 A momentary glance at tliia Keport will sliew that if contains most grave Uiisrepreseiita* 
 ItonK, not only in whut is stated therein but in what is suppressed. 
 
 The first Inaccuracy is in MaliiiB that Mr. Fraser's applic^tipn for a grant of this pro. 
 perty was in 1834. Mr. Fraser's petition is dated 28th Scptembw, 1832. The fleport pro- 
 ceeds to state that Mr. Frusier haviiij? sold his righu to Bonner ond Petry, they applied i^ 
 I836,to be snb»tltutrd in his sicad. The natural consequeure of this naked statement unac- 
 companied with any informatiun as to tli« previous arbitruiioii and nward.is to induce a belief 
 in the mind of u new Governor that Bunner and Petry's petitions of 14th September and 
 I6ih December, 1836, to have their own names inserted in the patents instead of Mr. Fra»er'» 
 were new applications, independent of and distinct from Mr. Fraser's, and having no con- 
 nexion therewith, although the Council admit, by their own Repoi-t, that Bonner anil Petry 
 had purchased Fraser's rights, one of which rights was to have given to them what 
 the Government had covenanted to give to Mr. Fiaser, in consideration of which 
 they had received Bonner and Petiy's money, and the only cause of these applica- 
 tions from Bonner and Retry was, in consequeneo of its being necessary to engross 
 a new Patent it was suggested that their names might be inserted in it instead of 
 Fraser's. The report next states that it is strange th«t Bonner and Peiry should now com- 
 plain of the terms of the grants to which they had before acceded. Bonner and Petry 
 solemnly and firmly deny this assertion of the Council that they ever acceded to these terms, 
 and it has already been siiewn that they never ceased to remonstrate, not only against tha 
 injustice done to them, by the Oovernraent refusing to fulfil die award of the arbitrators, but 
 also against the erroneous valuation of their properly as compared to Mr. Cainpbeirs ; in 
 corroboration of which ihey refer to ilteir memorials of gfiih April, Ilih and I6th May, 1^, 
 their private remonsiranre to Mr. Walcolt, Sept. 1836, their memorial of 2d Sept. 1837, their 
 petition to Lord Durham, 12ili June, 1838, and lastly ilieir Petition to the present Governor, 
 July, 1840. As well may it be said tliai the person who is compelled by force to give up his 
 property on the illegal demand of another who threatens and lias the power to take it, accedes 
 to that demand. The only thing they ever acceded to (and that was extorted from them by 
 the threat of Mr. Walcott, that the grants wou.d be refused altogeilier unless his offer was 
 accepted,) was to pay, for their grants, in the same proportion that Mr.Campbell paid for his, 
 and they have already shewn what that proportion is,— they were told, that unless they took the 
 grants on these terms, they should not have them on any other, and they (hV/ take them on a 
 representation respecting Mr. Campbell's property, which has turned out to be incorrect, 
 (to say the least of it) and they have a right, and will exercise it, of reusing to pay what they 
 never acceded to. 
 
 The report next slates that the Council deems it right, (or the Governor's information, to 
 meet the arguments of Bonner and Petry contained in the Petition of July, 1840, by stating 
 that the sum of £13 Gs. 4d. the Interest on £i raid by them for the commutation of the 
 land above high water mark, is quite distinct frc • .he Beach, and therefore that this sum 
 must not be considered in estimating the value of th< Beach ; but it would only have been fair 
 if the Council had also stated for the Governor's information, that the £I6G 13s. 4d. at which 
 Mr. Camphell's properly was valued, included the land and houses above high water maik, for 
 which Bonner and Petry in their case had paid this £222. If the value of Mr. Campbell's land 
 above high water mark is not distinct from hU Beach, Bonner and Petry's cannot be made 
 distinct from their Beach ; or if Mr. Cumpbell'a property includes a space above high water 
 mark which Bonner and Petry's does mc/, there can be no proportion between the valuations of 
 the two properties,— it would, in fact, be valuing a part of Banner and Petry's property in 
 proportion to the whole of Mr. Campbell's, which is contrary to the words of the report of the 
 S7th June, 1836. '^ 
 
 The report next sayi that the Crown has nothing to do with the rent Bonner and Petry 
 pay to the Nuns. This is a palpable contradiction to the Council's own words in the report 
 of the the 27th June, 1836, which says that " Bonner and Petry shall have the benefit of the 
 •ame rate of valuation that was applied to Mr. Campbell's case." That rate of valuation ta 
 distinctly stated in the report to be, that in consideration of Mr. Campbell's rent to the Nuns 
 of £37 IDs., his rent to the Crown shall be reduced or mitigated to £10 ; and to give Bonner 
 and Petry the benefit of the same rule, iheif rent to the Crown must also be reduced or miii- 
 
 Sated in consideration of their rent to the Nuns of £40, and if it is not so reduced, another rule 
 as been applied to their case, and not the one applied to Mr. Campbell's. To say then that 
 Bonner and Petry shall have the benefit oflhis rule, and also to say that the Crown has nothing 
 to do with their rent to the Nuns, is to refuse the rule altogether, and to inak« one report 
 contradict another : and it would appear that the i:oiincil were suspicious of this contra- 
 1., — — .-J -3 ... ,„j^% i,„, va«'pv<ii 9 Tfaa a vcr^ spcvtui cnse^ ana cannot 
 
two cases in point of title there 1?J ' l"' " •" ""X difference beiupe,, l?i 
 
 .T.ro"i^l M %^ '" Mr/Campbeil-; Paten".?' ^0' neVa''n''d7e\ rf- ^''' l^'' ""'' '^-'-g - 
 h3 f •f"u'"> •"y^l'i"', the Nun. mifil.t have for .^ r"* '^'l "''» P"«ha.ed 
 Beach, for which they now pay the Uieulinei a reniJ^An^"^"""''^ *''^» grant of iheir 
 cases were so precisely similar; that whateVc? rule or rnnHi.- ^ ^'L ?"""'"' '" '"" the two 
 case could with equafjusiice be appi Jd to Z o^hlr .„ 1 • '"" ""''* J'-^ly be applied to o*e 
 June, J836, that .his was. heopfnCf the counc^^^^^ evident by the rep!.rt of 2? h 
 
 i.a.y opinion by the report of3d August I84S "' "'"'""«*• '^"V ''»»'' ««Pres6ed u ^o 
 
 «bide'"b;tl!;ra';d"ofr:rt:S^^^^ »»•« Cou„ci.. in 
 
 1^222 for .he commutation of rra"raS;A;5irr^^^^ '"'- «' " - 
 
 inore to the statement of the Council in tuIlJ^Z. Zto\ T'"*' " H ""essary lo a, 
 
 — I necessary 
 August, 1840, that 
 
 refusing to 
 
 received die 
 
 Kdvert once 
 
 tlie commuitt- 
 
 .ion o .he land abov; high Va^m k^ "^ e'Z.t tim .""" '"« -mmu 
 
 men.* .n support of .hi, statement ; it rLsi^soWy on £ bari' ^'''''' •"" "'*'y "*'' "« «-■««- 
 
 ■ 1 -■•■■•> ■■•••loiiiciii ; II res 
 
 as many oiher s.atemen.s in that repor.. The .'wo InfiVrV.^"";""'"""" ! """ '^ *» incorrect 
 aDDoiiiiina ihn Drki»r».„„ ._ . . "T ..•,/ "^'^*o Instruments execuied bv Lord f - . r . 
 
 ^ -- 'w.o ,,, mat, rcpori, 
 
 appointing the arbitrators, and. o whirli ivf- u- c , ~j -vu uus 
 
 the govenUnt and Mr. Fraser had mu u^l Lg "d tt M? VT'll"'^'' t ""^"-^ «'«"" "'- 
 
 value .he land above and below high wa.e mnfk in 'rd.r -"t ^'^ "'"' ^^'- ^^""^ ^''^^'d 
 
 J'fr.lV'.'l'lP-y'^^l-g-n'onhe^hole in Xe'a id c l" ' 'll''/. '« «?"-'" -'"at Ai... 
 
 l'>aser.houldpHyfoi-agrantofth7whoieinT ' ' H °'''''''' "'^'''''y '« «^""« 
 areda.ed .he s'am% day.'and «ere detve.^ l" toSi "mo^.E" '°h"«^' '''''f^^ »-"•'■'"-■"■ 
 i.e.rins.ruc.ions, valued .he two parts of .he SertVLtanP.'''"''"* "."'^ '''7' '°""«i"S 
 reference .0 .he connexion with, and con.im,iivTnn«^ pan.stoone ind.viduaf, and with 
 told thai the part below high wate, ma°k wo .^ nL K ^ ' '° 'he other; but if they had bee 
 ihat their valuation of iharpari lb„?e |^„rw!i^ " '^eir valuation, i. is eviden 
 
 f"?Pr"r'y °^."° -'- to any o.her S^ZILTL'^T^'J.^J^'I very diffcWn., i^lt^ 
 
 cumpara.ively of T;o;;Iu; "tVany o he Z:::LTI> '""^' '"« ^^^" ^^-^ dii^Wn. 'fo 'Is' 
 
 wa.er..mrk;orif.hegovernnJnthadexSk^^^^^^^^ *'''""' '»"'! ^-^-- hg 
 
 they would not gram the Beach at the Irhiul. T,. ""''^ '''*y revived .he £222 .hat 
 
 .{«t have accepted the l«nd above \;h;arrarira\"?he^ T' «".«'"'y 'he pafeeswo d 
 ihey ever have taken the .rouble .0 pe.Uion foH ih "'%*'hitra.or8' valuaiion, nor would 
 sists of an almost perpendicular cliff w . , nV '^^""8? of .enure of a property which con 
 an Ins.run.en.. siSne^i "bjS ptlfa 1%^^!^^^^^^^ .he foot'of i?; bnttSng t'J 
 
 for that which ha, never .0 thiAorLerdefivere fo //^^^^^ ''"'*! P"''* '^eir mo^ne; 
 
 gt>vernn,ent has done, and had refused to abirbv .£ awr;,! of V^ '^^T' ''"'* «'^'' "" «he 
 rng, and acting upon i., there Is no doubt the Crown c-o^m" "'^ '"», "'•h'lra.ors aher accept- 
 agreement ; but al.ho* the Crown could k.,p L= • . "^"'"P^' '''«'" hy law to fulfil the ,• 
 
 n.oral obligation, however, ought .0 be as b Snr""l' '^^ '=""''* "°' """he Crown the 
 on them. To say then that the vaua.ion of ,S^i"k'*'' ??■»«"' "^ '""^ '''gal obiiKatTo, w's 
 valuation of .heVach, is incorre 'and in P ot"r ^^l ^T^r'^ '^ di«tin« from U.! 
 and .he grant of the Beacli at its valuation Z.T ' '"dissolubly connected therewii , 
 
 lie l,o,u,t„l iwog™il..ii.er, tli.n whom lU.roV.'anm 1 , .t '" """'""• '• «n i.nput.iion „„ 
 
 SKT^:r::':ii;t^-^-«:-p^^ 
 
 M.-. Campb.ls property adj^^nrXcLr^^lfeVby' ^:^:l:^JtZ!^-Z^''^ 
 
 ^r 3 -:i'::;^t^:iae:cC;i al'^dr^^^^^ 
 
 question .he motives and the judgement L K. "raWe and nl?? ''.' ""^ ''"^^ P^^«"'"«d '<> 
 Counci'H Ignorance of such matters^ is exhibi.e Mn ,h« T P"'""^'*' "i*^"- A pioofofthe 
 which they recommend .ha. ihe Beaih in q es on hould brv l''"''^"" °o <^''' •'""y- ^^^^^ " 
 
 Which IS .hepncegovernmen...emandsfor^::,TLtal"<f.'o:s7d;:^d'e4'X;^^^^^^^^^ 
 
 f \ 
 
iiijl about 3000 superficial feet, on wtiicli lota I'iern «re built wliere ships moor and locil in 
 deep water. The Council ibus applied ilie vwiiie of deep WHter Ioib to u lotky, biirieii, ami 
 unimproved Beach. At this price Mr. Cainnbell'B Ueach would amount to nboui £rM), Bon ■ 
 nerandPciry'stoaboulJeSaOO, and Mr. CJilnioiir'* Beach of Wolfe's Cove, which the same 
 Council granted for 5s. per annum, to about £10,000. This absurd %jluiiiion the Council 
 reduced by their report of 27lh June, I83G, lo £^93, which is an admission of their own 
 incorieciness ; andihelalter valuation is <juileaB incorrect in principle as iha former, as it is 
 iliOOH more than the arbitrators' valuation, and iJ 1016 more ihan the proportionaie value 
 ol Mr. Cambpell's property. Even allowing thiit the Council wore correct in suyinij that 
 UounTond Petry'* Beach 'was undervalued, and that they hud a right to place their own 
 valuation on it, Bonner and Petry bad the same right to say that the land above hiKh -vatcr 
 mark was overvalued, and to place their own valuation on it, and insist on the government 
 Krantinjf it at such valuation. One party had as much right to alter the award a» the other ; 
 but wiietlier either part of the propirty was undervalued, or overvalued, neither one party 
 nor the other bad a right to uUi-i- the valuation ; each party bad couiinltted Ms interext tu 
 the arbitration of two honorable nu-ii, anil neither one party nor the other could retiise to 
 abide by their decision, without violating a principle ol coininun honesty. But how much 
 more asgravated i* this violation, when one parly has paid, and the other received part of 
 the money awarded by this arbitraiion, thus broken by the mere power of the stronger party. 
 
 It is not the province of B.)nner and Petry to enquire Into the motives of the Council 
 in thus pertlnucioU!-ly adheriii}? to a wrongful course ; it is to be nresumed that thoi-e 
 motives wore pure, that they were aciunted by a conscientous desire as servanis of 
 tlie Crown, faithfully lo f.iilil a public duty,— to protect the revenue,— lo guard 
 hgainst improvident gianis, and by givin!» honest and good advice to the Governor, 
 HCCoidinT to their best judgment, lo assist him in adiniiiisiering the government willi 
 honor to°ihe Crown, and with impartiality and equal jiisiice lo all. Such being the 
 . nives which it is presumed actuated ihe Council in ihsir decision in this unprece- 
 de led case, a most extraordinary instance of their difeclivejiulgiuent occurred in a similiar 
 cafe, while this case of Bonner and Peiry was before them, which in its consequences will be 
 most prejidicial to the interests of the crown. 
 
 Messrs. Pembcrton Brothers, and Messrs. Sharpies & Son, are occupiers of extensive 
 beach lots, and large tracts of land above high water mark, situate at Sillery Cove, bei.ig part 
 of the Jesuits estates. These lots are leased to them by the Crown, and llie biases have now 
 about 16 years lo run, during the last 14 years of which they pay a rent to ibeCrova of about 
 £350. On ihe25d July, 1835, these puriies petitioned for grants of deep water lots in front 
 of their beaches, and the Council recommended ihai the same should be granted, and Letters 
 Patent were executed accordingly by Lord Gosford, on the 28ih day of December, 1835, grant- 
 ing the said deep waier lots for ever, for an annual rent to the Crown of /f//y dollars, while 
 Fraser's Patent tl.ut was laid before Lord Gosford on the 23d Dec. 1835, live days before 
 Messrs. Pembertons and Sharpies, has never yet been executed. The consequence oftheie 
 grants will be, that whatever may be the value of these Beaches at the end of the leases, thu 
 amount will be lost to the Crown, as no person will give any ihlng for the Beaches, when 
 the deep water lots in front are Iti possession of another, as the front may be ro blocked up by 
 the ships of Messrs. Pembertou and Sharpies, that there will be no access to the Beaches by 
 water. Messrs. Pemberton and Sharpies can make such a disposition of their ships at their 
 own wharves as will allow fhein to have egress and ingress to the Beaches (or passing timber, 
 but other p^^rsons who might wish to lease the Beaches cannot <lo so, nor can they control 
 Messrs. P<. i- ;i'tons and Sharpies in the dls(iositlo!i of the shljis at tlu-ir own wharves ; these 
 neaelie'swi 1 therefore be useless as places of deposit for rafts of timber lo any other person 
 than the (iroprietors of the deep water wharves in front, and these gentlemen will Lave u 
 right to take udvant ge of their deep water grants, and pay only such nominal rent for the 
 IJiiiches as they |)leasc. 
 
 The probable value of these Beaches at the end of the leases may be estimaled 
 l)v the rent of £600, at which the adjoining Beach lot was leased by ihe Crowi 
 tii Messrs. Campbell and LeMesurler about two years ago, it may therefore be 
 fiiirly calculated ilmt ihe Beaches of Messrs. Pembertons and Sharpies will be worth 
 ot least j(21000 per annum at the end of the leases, which large sum is thus sacrificed 
 for 50 dollars by an improvident grant of the Council, made to these favoured 
 individuals in the same week, and almost on the same day th.^t Fraser's grunt was refused, 
 fur a properly ihat never yielded a shilling of revenue to the Crown before, and but for the 
 expenditure of the money of Fraser's rcpreseniatives, would never have yielded a shilling 
 for the future. It requires the utmost stretch of the Imagination to believe it possible, that 
 the same Council who could consider they were doing their duty as faithful servants of the 
 Crown in making a grant by which CroNvn Revenue would be thus lavishly sacrificed, for 
 
 B 
 
G 
 
 '""c rl.e two ofice. tf wi . '"""'"' Chairman of .he'^Kv*"" '''"»'"««' by ZTL i. """' 
 management or I iff i .'"*■•■ *"" Cliaiiman ,,f .1 V,?>Xecinive Council l.,.li '*''"»*"»- 
 
 "f « 10 Jeiuiu' p •"" '"«■"• of knowiiio . I • ^•*«'e«-iior fo mnta 7k "" *»* •> 
 
 ••••■vu uuuy u 
 l^jblyouMei,,. 
 
 -uld ..Ui™a,ely balStd."" "'^ '^"'^ -' "i'l'-^l L:IaM:^««= "--oTof the ..;. 
 
 . Crow V V"'" ""^l di.. 
 '"*"' «"J '1»« encourage. 
 
 Q"ebec,30thDecen,b. 
 
 er, '810. 
 
 w»?- CONNER 
 
 ^ PPE^DJX. 
 
 ■lis "liole fra,,, ofX. „^ " ''™«l' "I siBicc £ ' """"My, flm, Mr t"''"'' 
 
 '" '•'"ems thereon slnM '"."' '■°'""""""^ v z T ,J; '^T ''"' M^'t^s f o m In "'"'' 
 
 . ShouhivouiExP.ii ' '"'""'^'i'neofyou,: 
 
 Certified, 
 
 (Signed) 
 
 GEORGE H. RYL4ND. 
 
"•Imor,. pM,(,c„. 
 "*«der.i,o„ ; |„„ 
 
 ' "«« Co IjB i,„. 
 
 ""Kilt (o «|«r,„ 
 •roul. To i,„g. 
 
 'd'.at (he same 
 '•Hiooer fbrdi,. 
 
 which body all 
 »bly oij M«BsiK. 
 hen iie was ii, 
 frania, ho mu»t 
 
 t'ominiiwioner 
 'n'ofihercve. 
 and augment,) 
 
 "J Petry ilmt 
 »'"'«• to lll,,t 
 « under ilm 
 » lendency t.. 
 existed in ail 
 '!>' "lid di,.. 
 ' encourasje. 
 
 St July 
 
 His Ek- 
 
 fl U/JQI, 
 ' "f Illc 
 
 "CC (|( ., 
 
 Nuns, 
 eiieral, 
 iser do 
 
 mark, 
 ■siiliiie 
 u/I the 
 ay an 
 
 cent, 
 t Mr. 
 fyour 
 
 that 
 
 Ihu 
 
 sub. 
 
 7 
 1). 
 
 IvxiiiACT of a Hoport inuile hya CominiUoe ortheExeciiiivfc Council, daJi'd 3.1 Septi-nibiT, 
 1835, on the pftitionof Mi'ustrs. hliiuit Sc Olack, piiiving thai Mr. Ft niier inav obtain n* 
 coinmufationof that imi-tof liiu Lot at L'Aiiie (lc<i Mircn, whirh Is above high watii 
 mark, refern-d to tlie Hxccuiivi- Council by His Excellency J.ord Aylmer, on I7tli 
 Augiint, 1835. Approved bv His Excdlcncv the Governor in Chief hi Council, I2ili 
 Noreinber, 1836. 
 
 The Commlttoo recommend that \f r. Frn^'cr obtbiii a clianr;c of Tenuin of the nrcniini 
 
 lirl>l by him at L'Aiicc ('es Mfirex, betwi-ci. iii;li u'ati-r mark and the cape, on the iisiml 
 
 iirnisundcondilion?, ondsubifcl to tl.j (Vcu use by the public of a rond aloii'' the liiu- of 
 Kcach, 
 
 Certified, 
 
 (Signed) CliOHGE H. llYLANi). 
 
 c. 
 
 Instrument appointii.;,' William Phillip-, Csquire, an Expert on behalf of the Crown to 
 value certain property (the Beach) at L'Ance-des-Meres, belonging to John Fraser, Estp-. 
 
 Prorince of 1 
 liOwerCanuiltt. / 
 
 GOSFOUD. 
 
 By Ills Excellency the Ili;?ht Honorable Archibald Earl of Go<»ford, Baron Wor- 
 liughiii.i of Beccli's in the County of SiiHolk, Captain General and Governor 
 in Chief iu and over tliu Provinces of Upper and Lower Caiuula, Vire Ad- 
 niiia! of the same, and one of His Majesty's nioji Honorable Privy Council, 
 &c. &c. &c. 
 
 To all to uhoni tiicsc presents shall come or whotn the «ame mav in any wise con- 
 cerii — Git'ctin". 
 
 Fl \T. 
 
 lieairdi'd in the Re- 
 s;hler's Office of the 
 livv'irda at Quebec, 
 I he llh day of Octu- 
 hit; 1833, m the 
 
 Whkrkas John Fraser, of the City of Quebec, in the County auil 
 District of ymbcc. merchant, by his Petition to nie in this behalf, 
 hath represented that he holds of His Majesty d titre de cens, u 
 certain Lot of Ijand and n< aeh in the neighbourhood of the City of 
 Quebec, at the place called L' Ancc-de&-M^res, in the Province of 
 Lower Canada, to wit, all that lot of Land and Beach in the 
 Jouvteenth Register of neighbourhood of the City of Quebec, at the place called VAnce- 
 Letters Patent^ and desMircs ; from high water mark to within three feet from the 
 Coinmissious, Folia ridge of the Cape below that part of the ridge in which cattle may 
 •^5-' pasture, consisting of nine arpents and and a half or thereabout in 
 
 D. Daly, Reg. front, between the land of the Honorable Henry Caldwell on one 
 side, and that of the Hotel Dieu on the other, of r-hich said Lot of 
 Land and Beach he the said John Fraser is seized as the true and lawful owner thereof, with 
 power legally to alienate the same; And whereas the said John Fraser hath made applica- 
 tion to His Majesty for a grant of the Beach Lot or space extending from hif^ii water mark 
 in front and upon the whole width of the ground by him possessed, hireinbelure described, 
 iinil being desirous of holding the said Lot of Land and Beach ii- Free and Common 
 S^occage, hath prayed in pursuance of the Statute in such case made and provided, that he 
 iiiay receive from His Majesty a fresh grant thereof, to be holdeu in Free and Common 
 ^>occagc,in like manner as Lands arc now holden in Free and Common Soccage in that 
 part of Great Britain called England, subject nevenheless to such conditions as to His 
 Majesty, the Governor, Lieutenant Governor or person administering the Government 
 "I this Piovince shall seem just and reasonable. And whereas for determining the 
 Slim of money to be paid to His Majesty, His Heirs and Successors, it has been thought 
 expedient that the value of the said lands and tenenients be ascertained and 
 <leterniined by Experts, to be nominated and apoointed as well by the said Petitioner 
 us ori behalf of H>^. Majesty. And whereas the said' Petitioner hath by an Instrument in 
 wTiiing executed before Glackemeyer and another, Public Notaries, and bearing date the 
 28th day of September, one thousand eight hundird and thirty five, nominated and appoint- 
 ed Robert Wood, of the City of Quebec, merchant, to be an Expert, on his behalf foi- 
 ascertaining and determining the value of the said Lot of Land and Beach, and hath in 
 and by the said Instrument covenanted and agreed that by the said Robert \Vond and such 
 Expert as may be nominated and appointed on behalf of His Majesty, and if the said Ex- 
 
Given under n,y Ha„H , . ^"'"' - "-"""^'Oy 
 
 D ... ■^'"*r Of 
 
 i^f* 
 
 DDALy. 
 
 ^ecv. 
 
 ^-"wer Canada./ *"°"^"'« lo 
 
 ^''°'" these p,esen. , •'"^'^ "'"''■*' Hono.able 
 
 ""')'^' and anoilie 
 
 of 
 led 
 ike 
 
 I'loilier 
 
"oner „,ay ,,ave n^ 
 
 '"-••'"n will, ti.e fa- 
 for h ^ ''''°'"' '" 
 
 'ecv. 
 
 '(•own, K, val,,« 
 '■») bt'loiigi,,,, ,0 
 
 public notaries and bearing date the thirteenth day of August, one tliousand ei"ht liiindrcd 
 and thirty-five, nominated and appointed Robert Wood, of the City of Quebec, "nerclmnt, to 
 be an Expert on his behalf for ascertaining and determining the value of the said Lot of Land 
 and Beach, and hnth in and by the said Instrument covenanted and agreed that by ihe said 
 Uoberl Wood and such Ezperl as may be nominated and appointed on behalf of His Majesty, 
 i»nd if tlio said fi.r/jer/s should differ in opinion, then by the said £.r/7er/s and such third 
 Expert as may by them be appointed for that purpose or any two of them, the value of the 
 said Lot of Land and Beach (or the pur|)ose of such Commuiatioii as aforesaid shall be 
 definitively ascertained and determined. Now Know Ye, that to the end that the said 
 I'eiitijn"r may have the benefit of such Commutation, and for the purpose of ascertaininT the 
 value of the said Lot of Land and Beach in that behalf, 1 have nominated and by These 
 presents do nominate and appoint William Phillips, of the City of Quebec, Esquire, to be an 
 Expert on behalf ot Mis Majesty, for ascertaining and determining in conjunction with the 
 said Robert Wood, the value of the said Lot of Land and Beach, and in case the said William 
 Phillips and the said Ilobert Wood shall differ in opinion respecting such value, I do on 
 behalf of His Majesty authorize and empower them to name a third Expert, bv whom in 
 conjunction with the said William Phillips and the said Robert Wood, or by any two of which 
 three Experts the value of the said Lot of Land and Btach shall be definitively ascertained and 
 determined. 
 
 Given under my Hand and Seal at Arms, at the Castle of St. Lewis, in the City of 
 Quebec, in the said Province of Lower Canada, the seventh day of October in 
 the year of our Lord one thousand eight hundred and thirty-five, and in'tbe 
 sixth year of His Majesty's Ueign. 
 
 By His Excellency's Command, 
 
 D. DALY, Secy. 
 
 E. 
 
 t^eneral and 
 
 aid Lower 
 
 ' Honorable 
 
 any wise 
 
 -oiiniyand 
 'I'ls beJiaff 
 'flecem a 
 the City of 
 'rovince of 
 lj ill the 
 
 fi-oni 1 1,0 
 illle may 
 boiits in 
 
 on one 
 
 ii he (he 
 ?ally to 
 'Pe and 
 ■ov!((ed, 
 onimon 
 pa It of 
 e iaicJ 
 I other 
 c/i the 
 s Ma- 
 'flliis 
 ey to 
 »e of 
 laied 
 tile 
 ther 
 
 Award of Experts on Mr, Eraser's Lot at UAnce des Mres, above high water mark. 
 
 Tiie undersigned £:x/3fr/i, acting by virtue of the authority delegate 'i to them respec- 
 tively, that is to say, William Phillips, Esquire, appointed by instrument dated the 7th dav 
 ofOctob..T, 18;J5, under the hand and seal of His Excellency the Right Honorable the 
 Larl of Gosford, Captain General and Governor in Ciiief in and over the Provinces of Upper 
 and Lower Canada, and Vice Admiral of the same, to be an Expert on behalf of the Crown 
 andRobert Wood, Esq. nominated by John Eraser, Esq. proprietor of that lot of land and 
 beach in the neighbourhood of the City of Quebec, at the place called L'Ance des Meres 
 from high water mark to within three feet from the ridge of the cape, below that part of thJ 
 ndge 111 which cattle may pasture, consisting of nine arpents and a half or thereabouts in 
 front, between the land of the Henorable Henry Caldwell on one side, and that of the Hotel 
 Hieii on the other, lying within the censiveof His Majestv ; as Experts for determinintr the 
 value to be placed upon the lot of land in question, and the improvements thereon with a 
 view to the Tenure under which it is now held being changed to that of free and commo.> 
 «occage : 
 
 Report, that having proceeded to the examination and enquiry for the purpose of de 
 termining the value of the lot of land above described, with all the improvements and 
 having fully and maturely considered the value per aipent, which it would be just to fix 
 upon the land, value the same at One hundred pounds per arpent, equal to the sum o[ Nine 
 hundred audjifty pounds. Thirty-six houses and offices erected thereon, at Thirty nounrU 
 each, amounting to the sum of Owe </io?«am/awrf eighty pounds, and about Fifteen thou 
 sand five hundred and fifty superficial feet of wharf, at three pence per foot, equal to Onl 
 hundred and ninety seven pounds, seven shillings and six pence, the whole together amount 
 ing to the sum of 7av) thousand twn hundred and twenty four pounds seven shillinss and sir 
 pence currency, which is the value the undersigned concur in fixing. 
 
 WM. PHILLIPS. 
 ROBERT WOOD. 
 
 Quebec, 22d October, 1^35. 
 
10 
 
 F. 
 
 Lo_werCana'da,ancl y : , ;^?:-"°'- '" Chief i„ and 'o^" f'p"°.°!^'^'-''- E-l of 
 
 of. he beach, lot or 8,.«,J. = .T^ ..'.''r°"' w-tha view of ob.alnl " 1°':^^'^'' hereinbefore 
 
 lerarpent, equaltothesun, of Two h7n h.7 ,'■ ,'''^' value thesame , t Thi. / '"°"S 
 thereon being about Twenty eightTl^u I'd «n '''"', "»-%.-A'^ pounrls, and the irll^ P°""'^* 
 at Four pence per foot, equal t^Ji^r A«i / " ^T'^'''^ «"'' «% superfi Ll Z^/Z'T''' 
 f""r pence, n.aking ^ogeLr thetZoTetl.Zf T"'!^'"'"' P0'<St7,re%^^ 
 an,four,enc. currency, .,,,, , .,^ ^a^r/^.f^Si^f/-^^^^^^^^ S^ '^^^^^^^^^^^^^^ 
 
 Quebec, 22d October, J835. 
 
 ^.yW- PHILLIPS. 
 «OBERT WOOD, 
 
 Note.— It will be observe,! ii.=. .1 
 (July 1834) and which order wL no r ^"""'^l' « Onler fbr survev7n.r ,.,.'• *"" "' '''^se 
 exited previous to the da^eifuSSef"'' "^^ '""-"^ -P-~7;ee^^ 
 
 G. 
 
 R^VOTtof Council, 16th January, 1836. 
 
 the regular wav TI?p r'"^^ ''>' P'-«ceedii,g on the fai I, oF F? '^ ""^'-^-stecl received 
 any P?ac.iU ftthJr o obTaini? '" ^ '''"'^''" ^'^^^^^^^^^^^^ 
 
 "■""" '•iiouiii jii any 
 
II 
 
 ow water mark. 
 
 m respectively, 
 3veritli day of 
 'etlie Earl of 
 of Upper and 
 e Crown, and 
 ot of land and 
 :e des Mercs, 
 "It partofihe 
 liereaboots in 
 ■ of (lie Hotel 
 lermining the 
 "'"'K to low 
 ' ''ereinbefoie 
 m (he Crown, 
 changed to 
 "ination and 
 e desciibed, 
 '"■pent along 
 '"'■'y pounds 
 npiovements 
 et of wharf, 
 mtitisrs and 
 ^e shillings 
 
 OD. 
 
 of certain 
 • "3 ihe.se 
 ■ovements, 
 
 J835. (he 
 ''•■ink out 
 I'lose that 
 
 ed J 6(1, 
 His Ex- 
 
 ?port in 
 fi'Ancc- 
 Ppioved 
 t'ceived 
 (tent in 
 
 under 
 rounds 
 on the 
 lis evi- 
 ^toher, 
 
 heingf 
 1> and 
 lation, 
 
 s case 
 n any 
 
 case be inserted in conformity to Mr. Secretary Stanley's Despatch of the; lOthScpteiuber 
 1833, for securing to tiie public the use of a towing path along the beach, and also free' 
 and convenient access to and from the river St. Lawrence. 
 
 Certified, 
 
 (Signed,) GEOIIGE H.IIYLANM). 
 
 EsTRACT from the Minutes of the Executive Council, dated 6th May, 1836. 
 
 And it being the opinion of the Board that the Crown should not be considered as i c- 
 slrained by the grant now made from making grants of the deep water in front of the 
 
 °or.!;e:ce\7d 'nTv'igZn.'"'""^ ""' '" "*=' •""^"' "^ ^'"'" ""' '""""'^ ^^ '^^ ^'^^""'^Se of 
 
 It was accordingly ordered by His Excellency, with the advice of the Board that a 
 ZSerhLo." '" "" '''"' '' "''' *" "•' P"^''^^ '"'^'^^'^'^ '" Ihe present ci^of 
 
 Certified, 
 
 (Signed,) 
 
 OEORfJE H. HYLAND. 
 
 ir. 
 
 Report of Council, 21th June, 1836. 
 
 ExTrtACT of a Ileporl made by a Committee of the ... 
 the further representation of Messrs. Petrv and B 
 
 whole Council, dated 27ih June, 1836, 
 "onner. 
 
 on 
 
 Approved by His Excellency the Governor in Chief in Council, 2Ist September, 1836. 
 
 U 
 
 compla 
 
 1836, t 
 
 F. • ■• ."' — , ""„ — "*'-■'-=) ■.it.tujr lULuiiiiiienuea lo oe erranted to Mr 
 
 raser on certain cond.i.ons ; the Committee have resumed the consideration of this suhip.; 
 wuh a view to the rev.sal of that Report, and as the Committee po eded on ha „ccaS 
 upon the assumpt.on that other properties of the like description had been valued a? il^Tame 
 rate, they have agam enquired into former valuations of Beach and Water Lots in (he nS! 
 bourhood of L Ance-des-Mc-res and have received oral testimony from different gentleme,, a 
 o the comparative value of Beach Lots and of deep water Lots; they have S olSed 
 iTr !r['\^'"'^r." ''"d Freer who had been employed in 1832 to 'istimate he vSeof 
 the Beach Lot granted at L'Ance.des-Mdres to Mr. J. S. Campbell, an explanation of the 
 grounds on which they proceeded in that instance in determining the amount of rent to e 
 paid by Mr. Campbell which IS particularly referred to by Messrs. Bonner and Pet y as far 
 ess than It is now proposed to de.nand ,om them, on the latter point it has been hewn to 
 he saosfacfonofthe Committee that although Beach property would seem from its natu e 
 to he of a more certam arid permanent value than deep water Lots, which in the Cove" near 
 LAuce-des-Meres have been valued at 2d per superficial foot/and although the latter 
 require a considerable outlay and capital to render them profitable and the irapmvementl 
 made arc subject to constant deterioration, this description of property bears a peculiar and 
 higher value from the particular circumstances of the Timber Tradeand from the advantages 
 which It affords directly and indirectly by the facilities of mooring and boarding Ships. 
 
 With respect to former actual valuations of Beach Lots in the Coves above Quebec it 
 appears to the Committee on a reference to the award made by Messrs. Davidson iand Freer 
 in the caseot the grant to Mr. Campbell immediately adjoining the Lot applied for bv Mr 
 Eraser that in point of fact the beach in that case was valued on a comparison with that of 
 Sillery Cove at a minute fraction less than 2(1. per superficial foot, which is the valuation 
 affixed in the Report ot the Committee against which Messrs. fJonner and Petry now 
 remonstrate ; but It has been verbally explained to the Commitlee by Messrs. Davidson 
 and Freer that in fixing the rent to be paid by iMr. Campbell at the reduced rate of £10 per 
 annum, they were influenced by particular circumstances not mentioned in their Report that 
 they took into consideration the previous outlay of a large sum by Mr, Campbell on the 
 Beach wilhiMt which it could not have been made available, that they had reference also to 
 the amo iii of rent which the same Beach had at different periods previously produced, 
 although -J eonuitions of the grant io Mr. Campbell were inliuenced by considerations of 
 a special nature which prevent the Committee from receiving it as a precedent to covern 
 other cases, they are disposed (o recommend that Messrs. Bonner and Petry should ha've the 
 

 (■•* sw^ 
 
 13 
 
 # 
 
 rent of ^J7 10.. reserved in favour o?h'^Ur8uIineNur?i 4^^^^^ """' ""' P^-'P^'^^' 
 of nearly ^800, considerini? aUn «h« fiir • I' ^^^ lOs,, repiesenling a capital 
 
 .ranted .0 Mr. CampbelTbei^/only fx ac rf^'from whife Tr"".' !"? P'"P^'""^«' •'"»' 
 Fraser has a front of nine acres and Lv n! Jl il . '^^ 5^'"'' '•* "jeRranled lo Mr. 
 
 separate properties Mhe Co S.tecconSth^l^^^^^^ 
 
 cannot be valued at Jess than £ 293 6° 9d .nd ivl ^ ' n ''" ^''''"'"^ '" **■•• ^'■""e'' 
 Reports on this subject, they accordin..lv r ' V ,"" "J •'",! '"^'P'^'^' ""'^^ «''eir former 
 
 LeiersPa.enttobe ssu^di^farouro Vlr^ fX"T ''"I "". "?' *" ''^ reserved in the 
 of£lS93 6a. 9d. ''»*ourot Mr. Fraser, be calculated at 6 per cent, on this capital 
 
 Certified, 
 
 GEOIIGE H. RYLAND. 
 
 1. 
 
 Copy of Mr. Davidson's and Mr. Freer's Report, 2oth July, 1832. 
 In compliance with a request from the office of the Comn)is«ionPi •« r.f r.«.„„ r ,„ . 
 
 onhSeVdI'h f"'""^'"'' ""' accordingly, and first XctedTrHu^r '7o"t.e's ate 
 f the Beach before any improvements were made thereon, when thev icertiine .l.nf ? 
 was rocky and uneven, so exposed to the north-east and south- Jstichl nti7^1^^^^^ / 
 . OS a phcefor securing timber, an.l that nothi.ig but the gre t evM e^d n.t^ vl ["1^ 
 Campbell made upon the property in wIkwvcs tnd pie • r?nd 'ed ' rS '* 
 
 connected with the lumber t'rade. They further aSa , e 1 at w.^h all W ''y''"'' 
 advantages from the capital vested in whancs, it is not g ea e i. r I, e ban S or'' r''"' 
 which IS leased by the Crown at the rate of about A' 15 perarnent h f on vh llf^^ mJI ? °'^' 
 purchase would amount to £300 per arpent in fron T .t ilu" fin I ^'.'7^"'^ y^"}'* 
 
 subject of the present Report is equal .o!d,o,u" ix a entVi; f o"u ul el ".t £^00' '^"'"'"^ "" 
 would form a capital of £ J, 800.^ While the whaWe erected 'by £ cfS^ 
 Uoach, covenng according to the measurement marked by the DeL.v'su ve'^^m Ppn ? 
 £3'072 "gT'a;:! b^; ■' '"r^" '^V V- P^-' ^-P-fi-alC m^l^lLve cJ^-r th: e" 
 £3? 10s per anntlm '" '^""""' ^^''' ^"'"P"-'" '' '" '*"°" '' "'^ ^"«^ "» annual renSX 
 
 covering an extent as marke, by tl e Sm' eyor Gene al of S Sfi^ fl^'"'" '."P"'^''" ^°''' 
 i.27 7s. currency and tl,-.t ;t li oV ,1 i ■ /t. i •^-.^Oi feet, and amounting to 
 
 ir>.erest thern:^;^!rVe; ce"U>eVatn.m°'" °' '"'• '""'P'^^"' '" P''^ .'""' — '^ -' P^X 
 
 Quebec, 28th July, J832. 
 
 (Signed,) 
 
 A true Copy, 
 lOth May, J83G. 
 
 NoAii FnBBa. 
 
 JOHN DAViDSON, 
 
 Actinsron behalf of the Crown. 
 NOAH FREER, 
 
 Acting on behalf of J. S. Campbell. 
 
 
 III 
 
 h8 
 
 
 8t 
 
 i'-i 
 
 CC 
 
 M 
 
 fc 
 
 1 
 
 m 
 P 
 li 
 
 ■ 
 
 e 
 
 m 
 
 i 
 
 K. 
 
 "■"iPsssi^~?;-iSrSS 
 
 The Commiliee having taken into rnnsidpmtiop .!,- n;>('.;-n- -f m i- 
 
 IVl.y, have the honor to Report to your Exceilcncy°"lmt-^ "^ "^'''" ^°"" 
 
 er and 
 
 tlie first application for a grant of 
 
13 
 
 „,e Beach Lot in .uestion .«, ^^-'^'^^y^:;,^^:^'^:;:,^^ ^X. '^^'i't £ 
 
 .!• .,o,;nr1 vi7 --On iliB 14th September, 1836, Mr. Bonner npplied 
 Sub8cqu.nttolh|^,Fr.od V.2 n lleH ^V ^^^j.^,^ ^^a accordingly recom- 
 
 cac'i. party reBpectively, on .he 14.h of .hat month. 
 
 ItBoe...,, thercfce, B.range .hat .).e parties shoijld "^ ^T ^?r"t}tf^ ^A^dZl 
 inLT of.he terms of these tyrants to which they had before, ind.vidiml y, acceded. And lie 
 cfmm tceseeno gound for complying >vUh .he prayer of .he petitioners. The Cornm.t- 
 tec CveveTcccr^it right for your Excellency's information, and to meet the arguments of 
 re'p liTiones, to state .hat they complain that, while the Coined .n (he.r Report of the 
 ^7!hS 1836, recommended that they shotdd have the benefit of the same r.jle of valua- 
 rionSwasanpliedtothecaseofMr. Campbell, an estimation of the.r Beach was made 
 confary to the intention of the Conncil, to prove which a comparative statement of the rents 
 paid by each party is given thus— 
 
 £10 
 37 10 
 
 Mr. Campbell pays to the Crown 
 per annum, and to the Nuns 
 
 The Petitioners pay a Rent for the land above high water 
 For Beach 
 To the Nuns 
 
 jC47 10 
 
 13 6 4 
 
 77 12 
 
 40 
 
 £130 18 4 
 
 Now the sum of £ 13 G 4, is for interest on the commutation fine, by which the tenure 
 ofthe property above high water mark, was commuted into free and con^mon soccage, and 
 U quite distinct from the rent of the Beach, and as to the sum of £40 stated to be paid to the 
 Nuns, the Crown have nothing whatever to do, so that deducting these 'wo sums, it appears 
 that the petitioners are charged £77 12 for nine arpents in front, and that Mr. Campbell 
 nav8=P47 10 for six arpenta in front, and although these sums are not in exact proportion 
 Relatively to the respective fronts of the lots, ye t^ the difference may ar.se in the superficial 
 contents. By a reference to the before mentioned Report of Council, of the 27th June, 1836, 
 itwillbe-^eeii that the case of Mr. Campbell was a very special one, arid cannot be drawn 
 into a precedent, yet that the valuation of the rent to be paid by the petitioners must be based 
 upon the whole .'ent paid by Mr. Campbell, including the rent specially reserved for theNuns ; 
 and it is shown above that the difference is trifling. 
 
 Under these circumstances the Committee cannot lecimimend that any deduction should 
 be made from the rent stipulated to he paid by Messrs Bonner and Petry for the beach lots 
 granted to them atL'Ance des M6res, for which they hold Letters Patent. 
 
 Certified, 
 
 JASPER BREWER, 
 
 Asst. Clk. Ex. CI. 
 
 List of Grants of Beach Lois and Dcep-IFaUr Lots at the Coves, from 1832 to 1837. 
 
 Patent issued. Annual rent. , . ^ . . 
 
 (being Ihe ints- 
 
 John S.Campbell,.... Beach Lot about 8 superficial nrpents, 1 1th Feby. 1833 £10 Oj'Jj'gg"^,^^, 
 
 Deep Water Lots II th Feby. 1833 16 5 7 
 
 A. Gilmour & Co Beach Lot 33 superficial arpenis 7ih Nov. 1833 5 
 
 Deep Water Lots, 1834 20 17 
 
 William Sheppard,....Deet Water Lot, 26th Sept. 1832 19 7 
 
 Pemberton Biolhers,..Deep Water Lots, the Beach being held 
 
 on a lease from the Crown at £175 
 
 perannum, 28 ih Dec. 1835 G 5 
 
 Sharpies and Son, Deep Water Lots, the Beach being 
 
 held on a lease from the Crown at „ .. „ 
 
 £175 perannum., 28th Dec. 1835 6 5 
 
 John Bonner and -» Beach Lots about 12 superficial arpents, 14ib Jany. 1837 77 12 5r...or 
 
 9rf. 
 
 Deep 
 
 D