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 JaYy)es Decxtv 
 
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 ^»»'ion ftr rfer>. rt.Y^^'vf J . Croorfe 
 
H( 
 
 .■> 
 
STATEMENT 
 
 OF 
 
 FACTS AND OPINIONS 
 
 KOH 
 
 HON. HENRY J. CLARKE, Q.C., 
 
 ,' :'; OF MANITOBA, . ". 
 
 Relating TO His Title to River Lots 7 and 9, 
 
 ■■'■\ .•'',. ; ':'■; 'N THE ^-' ■ , ■ . . ; • ■,,,',,; , , ; 
 
 PARISH OF ST. AGATHE, %/ 
 
 MANITOBA. • . f'v'^^v 
 
 BY JAMES BEATY, ESQ,, Q.C., MP., <fte., Ac 
 
 jxPS' 
 
i,'> 
 

 ^yj 
 
 '1 
 
 Re Lots 7 nmd 9, in the Parish of St. Agathe, Mavitoha. 
 
 OFiiNTioisr 
 
 roil 
 
 ; HON. HENRY J. CLiKKK, Q.C. 
 
 I have carefully read the evidence produced in support of 
 your claim and application to obtain patents for lots 7 and 9, in 
 the Parish of Sb. Agathe, Manitoba, and contained in the " 3tate- 
 
 HON. C. J. COURSOL, Q.C, M.P., 
 
 A. SI) OK 
 
 D. GIROUARD, ESQ., Q.C, M.P., 
 
 and 9, in the Parish of St. A.gathe, on the 15 th day of July, 
 1 870, and for a long time before and aftor that date, and that 
 such peaceable jjosaession constitutes a full and clear title under 
 the provisions of the Act 3;5 Vic, chap. 32, commonly known as 
 the Manitoba Act. But if it were possible to doubt your right 
 under that Act, a thing I cannot imagine possible, you would still 
 be fully entitled, as a squatter, to purchase at the Government 
 price fi.Ked by Order in Council. 
 
 T have read the opinion of Mr. Beaty, and I fully agree with 
 him in the opinion that your claim and title are proved. 
 
 D. GIROUARD, Q.O. 
 
 Ottawa, 13th May, 1882. 
 
 OPINION. 
 
 1 have oareftUly read and considered the facts produced ia 
 support of the a[)|>li«atioa of the Hon. H. J. Clarke for jjateau 
 
 i*^l)U v^ 
 

 Re Lots 7 (md 9, in Chn Parkh 0/ St. Agafhe, Mnnit^tha. 
 
 o:pi]vrio3sr 
 
 roR 
 
 ; HON. ttENRY J. CLAHKIi Q.C. 
 
 , I have carefully read the evidence pi-oduced in support of 
 your claim and application to obtain patents for lots 7 and 9, in 
 the Parish of St. Agathe, Manitoba, and contained in the " State- 
 ment of Facts" prepared by James Beaty, Esq., Q.C, and I 
 have had very little difficulty in arriving at the conclusion that 
 your title is perfect, just and equitable. Putting aside all con- 
 tradictory evidence, I believe that you have established by wit- 
 nesses, whose credibility is unirapeached, and in a very full and 
 conclusive naanner, to my mind, that, through your " auteurs," 
 assignors or predecessors, you were in full and peaceable possession 
 of the lands now described in the Dominion Surveys as lots 5, 7 
 and 9, in the Parish of St. A.gathe, on the 15 th day of July, 
 1 870, and for a long time befon) and after that date, aud that 
 such peaceable ])Ossession constitutes a full and clear title under 
 the provisions of the Act 33 Vic, chap. 32, commonly known as 
 the Manitoba Act. But if it were possible to doubt your right 
 under that Act, a thing I cannot imagine possible, you would still 
 be fully entitled, as a squatter, to pui*chase at the Govermuent 
 price fixed by Order in Council. 
 
 I have read the opinion of Mr. Beaty, and I fully agree with 
 him in the opinion that your claim and title are proved. 
 
 D. GIROUARD, Q.O. 
 
 Ottawa, 13th May, 1882. 
 
 OPINION. 
 
 ' I have carefully read and considered the facts produced in 
 support of the application of the Hon. H. J. Clarke for (mteuts 
 
 V4\^K) o o 
 
for lots 7 and 9 In the Parish of St. Agathe, Manitoba, under the 
 provisions of the Act 33 Vic, cap. 32, and I have also read the 
 opinion of James Beaty, Esq., Q.C., on the claims in question. 
 
 If " peaceable jwasession " of lands in Manitoba held by 
 persons on the 12th of May 1870, or on the 15th July 1870, as 
 set forth in the Act 33 Vic, cap. 32, gives a right or title under 
 the Statute to a patent, which will not I think be denied, there 
 can be, in my opinion, no possible doiibt of the dompleteness of Mr. 
 Clarke's undoubted right to obtain patents. Goudoti and Meehan, 
 his assignors, were in full and actual possession and occupancy of 
 the lands sold by them to Mr. Clarke — the former \Goudon) 
 of the land now designated under the new Government Survey as 
 lots 5 and 7, and Meehan of the land now in the same manner 
 designated as lot 9, in the Parish of St. Agathe, not only on the 
 15th of July 1870, but Goudon had been in full possession and 
 occupation — actual and continuous possession and occupation — of 
 the land for about seven years before, and on the 15th July 1870, 
 and for nearly two years after that dat«, and for some time after 
 he sold to Mr. Clarke. 
 
 Meehan was in actual possession and occupation of the land 
 sold to Mr. Clarke for a year or two before he sold to Mr. 
 Clarke, in March 187 1. When the claims of so many hundreds of 
 settlers on land in the new Province, and of their assignors, have 
 been cheerfully admitted and allowed by the Government on very 
 slender proof of possession, ownership and occupation, it does 
 appear to me most singular why Mr. Clarke's right to obtain 
 patents can be disputed. I am informed that by the Order in 
 Council of the 25th of February 1881 thousands of acres of land — 
 unoccupied lands in Manitoba — have been granted to persons who 
 hatl merely planted stakes in the ground at certain distances to 
 designate their so called claims a few days or hours before the 
 transfer. No improvement, no occupancy ,no possession — and still 
 they are treated most liberally, to say the least, and their claims 
 recogn ized. 
 
 While, with another Order in Council of a much earlier date 
 (20th April 1876) still in full force whereby squatters on river 
 lots are allowed to acquire the same on payment of $1 or ^5, as 
 the case may be, per acre, I cannot conceive how Mr. Clarke's 
 claim can be denied, either under the pi'ovisions of the Act 33 
 Vic, cap. 32, or under the provisions of the Ordei-in Council 20th 
 April 1876, or under either of them, I consider Mr. Clarke's 
 right to obtain his patents for lots 7 and 9 in St. Agathe to be 
 legally and equitably w<jll founded. 
 
 C. J. OOURSOL, Q.O. 
 
 OrrxWA, 15th May, ltf82. 
 
STATEMENT OF FACTS AND OPINION 
 
 FOR 
 
 HON. H. J. CLARKE, Q.C. 
 
 Relating to his title to Rloer Lot 7, in the Parish of St. Ajathe^ 
 
 Manitoba. 
 
 I ii'i'lirstaud that lot 5 has already bo en grunted to Mr. 
 Clarke, and, as the title to lot V is substantially the same as to 
 Jot 5, it is difficult to underiicand why the grant cf lot 7 was 
 withheld. Confining the present statement to lot 7, we have 
 the following facts established by the papers and affidavits sub- 
 mitted to me ; 
 
 Lot 7 in the Parish of St. Agathe. — Mil acres ; it is a river 
 lot of 10 chains frontage, on the West side of Red Hiver, and 
 when pui-chased ran back from the river the usual 2 miles in 
 depth. 
 
 1871. — Joseph Goudon had possession, and had also build- 
 ings and other improvements on the lot. 
 
 1872, July 8th. — Joseph Goudon, farmer, of the Parish of 
 St. Agathe, and his wife, convened to Henry J. Clai'ke, of Win- 
 nipeg, Barrister. (Amount $100.) 
 
 " All of that certain parcel or tract of land and premises 
 
 [situate, lying and being in the Parish of St. Agathe, in the 
 
 County of Provencher, fronting on the Red River, near Pem- 
 
 rbina, containing the said parcel or tract of land, twenty chains in 
 
 front on the West s'de of the said River, which forms the front 
 
bouudary thereof, and running back two miles in deptli from the 
 said front boundary, bounded on one side by land belonging to the 
 said party of the third part, and on the other side by unoccupied 
 lands, the Hudson's Bay Company's posts or forts being the near- 
 est house or building to the said lot, parcel or tract of land at the 
 present time." 
 
 To have and to hold in fee, " with all and every the buildings, 
 fences antl all other improvements of whatsoever kind on the saitl 
 lot, ])avcel or tract of land, or thereto in anywise belonging." 
 Full I enants. Bar of Dower. 
 
 Executed by Mark in presence of two witnesses — 
 (reorge Hoy, J. P., and Joseph Crowson. Receipt for 
 ♦SlOO by Joseph Goudon, in presence of George Roy, J. P. 
 
 Affidavit of Joseph Crowson, of execution of deed on the 
 date mentioned in it, and that it " was read and explained to the 
 parties above named in my presence and in the presence of the 
 other sub.sciibing v, itnesses tliereto." Sworn on the same day be- 
 fore V. J. B(;aui)rc', J. P. Certificate of examination of wife before 
 V. J. Beaupi-i!', J. P. 
 
 Registered in the Pvegistry Office for the County of Proven- 
 <'lior, in Book 2 for the subdivision of Morris,' at 10 o'clock a.m., 
 on the 20th day of May, 187'J.— Xo TIG. 
 
 llenri/ ./. Clarke. — Solemn declaration. Made application for 
 ]>atent in 1870. II' knew lands nine years. Ifo bought from 
 <ioudon as above stated. That Goudon at the time of the pur- 
 cliase (winter of 1871) "was living on the" land and had 
 " cultivated the same for years, a large tract of the land being 
 fonced and cultivated, and a good log dwelling house and stables 
 and other buildint's Iteius; thereon erected." That " from the 
 v'jar 1871 u[) to the present tinu^ (20th May, 1870) the land in 
 (piestion has always been my pro})erty, and is •<o still ; and the 
 dwelling house and stables are still standing, the dwelling house 
 having been occupied until a f«\v weeks ago l)y a tenant of 
 mine; and I have caused the said lands to. bo surveyed into 
 building lots this spring." 
 
 Jacques St. Denis. — Solemn declai-ation, 3rd May, 1879. 
 Knew the lands for 18 or 20 years. That Goudon "settled on 
 the said lands, the subject of this application, at least seven (7) 
 years before the fifteenth (15th) day of July, 1870." 
 
 That Goudon "built a good log house, stables and other 
 buildings on the said twenty diains of land, and fenced in and 
 cultivated a considerable lot of the same." 
 
 That Goudon '' was in jjeaceable possession and occupation 
 of the said land on the 15th day of July, 1870, and continued to 
 
on the 
 
 to the 
 
 of the 
 
 day 1)6- 
 
 ) before 
 
 3 
 
 occu[)y it till lin sold it to tlio pi-eseiifc apj>lic!int, Tlio original 
 V>nikiings, or at least the house ami soino others, are slill standini; 
 and occu>)i«;il 1»y Mi*. Clarke's tenants." 
 That there is no adverse claim. 
 
 Dtic'ul Gordon. — Soleujn declariilion 3rd May, 1870. Brother 
 of Jos<^[ih Goiidon. — Known lantis 17 years past. 
 
 That his brother Jose})h " settled on the said lands, the sub- 
 
 ^ ject of tliis application, 7 or 8 years before I5th July, 1870, and 
 
 built a good house, stables and other buildings tliereon at once 
 
 I after he lirst settled on it, and oocufiied and fenced and cultivated 
 
 a large part of the said land fronting on the river." 
 
 Tiiat Joseph Goudon '' was in ])(iaceable possession and 
 ioecupixncy as aforesaid of said land on the loth day of July, 1870, 
 Innd up to tlie time when he sold the same to th<.i pi-esent appli- 
 [Cant, who has owned the same ever since." 
 
 That '• the house and st;iblo on said lam I are still standing, 
 [and the place is now occui)ied by a tenant of the present appli- 
 cant." 
 
 That there 'v< no other or adverse claiiii. 
 
 Anijui^tin (rmificUit. — Solemn declaration .'?rd Miiv. 1S79. — 
 [Have "known the lands, the sul>)ect of this iii)plication, during 
 [the past twentyM'ight ('JcS) years." 
 
 Tiiat '* [ romembei- well haviiig assisti'd Joseph (l;judon to 
 Ibuild the hous ; still standing on tiie lan.l, tlu^ sal>jeefc of this 
 apjtlication." 
 
 Tii;it " th'^ said Goudon settled on the said lands ninny years 
 i before tiie trixusfer to tiie Domiiiiou of Cinadii. 1 liave lived just 
 [over the boundary line for twentv-ei'fht vears, and iu sight of 
 iiondon's house." 
 
 Tiiat the said '*' (Joudon occupied the said laud and fenced 
 flud cultivated a large field for several years, and was iu full and 
 )>eaceful oceupaucy and {)ossession of the said land on the fifteenth 
 d ly of July, 1870, and u[) to the time when he sold the same to 
 tlie pres(5nt applicant." 
 
 That land was HO chaiiis in front on the west bank of Red 
 fJiver, by two miles in depth. 
 
 He " worked and [)loughed on the s lid land for Goudon." 
 
 Jo,'<'ij)h (t'ualon. — Solemn declaration, 3rd May, 1879. 
 ]\nows land for 17 years. 
 
 That " in the year 1802 F. settled on the land the subject 
 
 :^(it' this application, and in that year and the following years I 
 
 I built a good snbstantial log house and other buildings on the 
 
 [Said land. 1 als) cultivateil and fenced in a good, large tract of 
 
IT 
 
 paid land, aad was assisted in ploughing the same by Angustin 
 Gosselin, who lived there, and still lives just across tlie boundai-v 
 Hue, in the United States." 
 
 Thab " I was in uninterrupted possession and occupaticn of 
 ihe said land from 18G2 up to the year 1872, when I gave a deed 
 to Mr. Clarke, the present applicant, for the said land, which I 
 sold to him in 1871, the deed being given when the last pay- 
 ment was made." 
 
 That "the boundary of my said land which I sold to 
 the present applicant was a coule which separated my land from 
 the lands of the Hudson's Bay Company, thence twenty (20) 
 chains fronting on Red Rivei*, and two miles back." 
 
 " I was in full and peaceable i)Ossession and occupation of 
 the said land on the fifteenth (15th) day of July, 187U, and up 
 to the year 1872." 
 
 " There is no adverse claim to the said land." 
 
 The applications and foregoing deed and declarations were 
 received in the Lands Department at Winnipeg on the 30th May, 
 1879. 
 
 The Hudson's Bay Company obtained other declarations 
 from the said Jose})h Goudon (19th July, 1879) and Augustin 
 Gosselin (19th July, 1879), and fyled same. (See them hereinafter 
 extracted.) And Mr. Clarke replied in a letter of January 10th, 
 1880, with other declarations supporting his claim, as follows : — 
 
 Henry Joseph Clarke. — Dfrlaration 10th January, 1880. 
 
 He explains the manner in which the lirst aftidavita were 
 obtained, and gives the names if the persons present, and shows 
 that Joseph Goudon and Augustin Gosselin were not misled in 
 their first statements, but fully understood the same, and that if 
 any part of their statements is unreliable, it is what is con- 
 tained in the second declarations. 
 
 William Hill Xash. — Declaration Srd January, 1 880. 
 
 Is a Barrister and Conveyancer. Knows land for 9 years. 
 
 That Joseph Goudon, Augustin Gosselin, Jacques St. 
 Deni.s, came to his office and made their declarations, having 
 been lirst fully read and explained " so that there could not 
 possibly be anything set forth in their declarations that was not 
 there by their full knowledge and approval." " I can further state 
 from personal knowledge that Joseph Goudon understands and 
 speaks the English language very fairly, and speaks to mo in 
 
 English." 
 
 F. T. J5ra(/%.— Declaration 3rd January, 1880. 
 Collector of Customs. 
 
 Is sub- 
 
ngustiu 
 (undarv 
 
 aticn of 
 ) a deed 
 vhicli I 
 ist pay- 
 
 sold to 
 i)d from 
 ^ty (20) 
 
 ation of 
 and u[> 
 
 ns were 
 th May, 
 
 lai'ation.s 
 Vugustiu 
 reinafter 
 iry 10th, 
 Hows : — 
 
 1880. 
 its were 
 id shows 
 nisled in 
 d that if 
 i is con- 
 
 0. 
 
 9 years, 
 ques St. 
 having 
 ould not 
 t was not 
 :lier state 
 mds and 
 ;o mo in 
 
 Is sub- 
 
 " I know lots 5 and 7, claimed by Mr. Olarko, and I kaow 
 Jose[ih (jioudoM. Goadon's fence ran along the coide between his 
 Uuid and that of the Hiulson's Ijay Company." 
 
 William Williams. — Declaration .'5i'd Januarv, 1S80. Is a 
 Bailitf of the County Court. 
 
 Was present when the first declarations of David Goudon, 
 Augustin (jfoKselin and Jacques St. Denis came to the office of 
 -Mr. Nash. Exph\ins liow the declarations were dictated, read and 
 explained, and says : " I am now shown the coi)ies of their 
 declarations attached to Mr. Nash's declaration, and I declare 
 that they are just as they were dictated by the jiarties by whom 
 they are signed. Joseph Goiidon si)eaks and understands the 
 English language very well. He has often spoken to me and, in 
 my i>resencp, to others, and in saying the contrary he says what 
 i.s not true." 
 
 A/itoine Paul Larente. — Declaration January Gth, 1880. In 
 French. Knows Joseph Goudon, and that h«3 can well undcr- 
 stanil tliG English language. 
 
 Paiil Gosselin. — Declaration January 8th, 1880. 
 
 Knew "Joseph Goudon, the first -"wner of River lots 5 and 
 7, and he often told me he had sold the whole of his property to 
 I one Mr. Clarke, of Winnipeg, for one hundred dollars, what ho 
 [considered an enormous price for the c land at that time." 
 
 Fort a fiat A. Martin. — Declaration January 5th, 1880. Is a 
 Dominion Land Surveyor. Knows land for eight years. 
 
 That " I was employed by the Dominion Government to 
 survey the settlements built on Red River, from the international 
 boundary lino at Pembina to the second correction line, on both 
 sides of the Red River, in tlio year 1872 (one Dauteuil, a sur- 
 veyor, decea.sed, preceded me in the said survey in 1871). 
 
 " I know lots 5, 7 and 0. When I made the survey of said 
 lots 5 and 7 in the fall of 1872 Joseph C!oudon was living in a log 
 hou.se which then stood and is still standint^ on lot 5. Goudon 
 intormed me that he had sold his land to Henry J. Clarke, then 
 Attorney General of oNIanitoba and I entered Mr. Clarke's name on 
 my plan of survey as the owner of lots 5 and 7, as Joseph Goudon 
 told me that he had sold two lots to Claike, as the improvements, 
 ploughing, fencing, etc., extended over the whole lot 5 and about 
 one-third of lot 7. Any plan will show the extent ot the im- 
 provements as I found them at the time of my p""vey. 
 
 '* I remember perfectly well that, at the requ-^oC of Mr. Clarke, 
 1 planted posts to mark Mr. Clarke's land. I planted four wood- 
 
 ^^ 
 
G 
 
 I:-, 
 
 en posts oil the lines of tlio lots in rear. Mr. Clarko's name wa:^ 
 marked on these four posts. They marked tlie rear of Jots 5, 7, D 
 and 1 1, all of which Mr. Clarke claimed as follows : — Lots 5 an.i 
 7 as being purchased by him (Clarke) from Josej)h Condon ; lot 'J 
 as ha\iiig been purchased from one Mike or Michael Meehan, 
 and lob 11 on a Volunteer's Warrant." Knows Joseph Goudor., 
 "and see and speak to him often." Was present when Joseph 
 (roudon, David Goudon, Avignstin Gosselin and Jacques Hi 
 Denis came to the ollice of Mr. Nash, and when they made tliei: 
 first declarations. *• They dictated their declarations word fur 
 word, as nearly as could be, as they are written, and theii 
 declarations were carefully rea;i over to them in the FrencJ, 
 and English languages, lirst by ]\Ir. Clarke in my pi*esence, after 
 wards, at Mr. O'larke's request, I read their several declarations over 
 again to them in the French language in the most cautious manner, 
 so that there could be no possibility of their being in any manner 
 mistaken as to the facts set forth in their declarations, after 
 which they severally signed," He says further : " I most 
 ])0sitiv<'ly declare that Joseph Goudon luiderstands and speaks thn 
 English language very fairly, and that he perfectly understood and 
 declared to every word and fact set forth in his declaration as 1 
 read it to him, as 1 did those of all the others in the French 
 language, as I have before stated." 
 
 " I was employed professionally l)y Mr, Clarke last spring 
 to survey lots live (5) and seven (7). On beginning my survey 
 Mr. Duncan Matheson, Chief Clerk of tiie Ilnd.sori's 13ay Com- 
 pany at West Lynne, having with him a^i a witness ISIr. Bradley, 
 sub-Collector of Customs, ordered me off the ground and forbade 
 me to survey lot number five (5) claiming it as the }>roperty of 
 the Company, saying at the same time : Yoii can survej/ lot 
 nuviher seven (7), we have no claim on it. I continued the sur- 
 vey and finished it, having staked out the whole front for about 
 half a mile back from the river of the two lots "> and 7." 
 
 18.^^0, March 2.— Clarke received notice from the Depart- 
 ment of the Interior that his claim to lot 5, under the jMfinitoba 
 Act, had been allowed ; but that his claims to lots 7 and 9 were 
 disallowed. As appears from the foregoing extracts, Joseph Goudon, 
 under declarations relating to the lot in question, on the Sid May, 
 1879, obtained at the instance of Mr. Clarke, and as it will 
 appear hereafter, on the 1 9th July, 1879, a declaration was 
 obtained at the instance of his opponents, supposed to be the 
 Hudson's Bay Comi»any. 
 
 Subsequently, on the 22nd November, 1880, another deci:t 
 ration was made by Joseph Goudon to the following etl'ect : — 
 
 That I sold to Henry J. Clarke 20 chains of land, "which was 
 mine before the transfer, and for a ijreat manv vears before. 1 
 
Lots 5 aiiii 
 
 cannot now exactly say liow long before the 15th day of July^ 
 1870, but at the time I signed the deed in 1872 to Mr. Clarke of 
 said land, in prese71.cc of several witnesses, I was more able to 
 calculate tlie length of time I had lived on the land, and stated 
 it at the time, and then believed and still believe the same to be 
 correct." 
 
 In May, 1879, 1 made a solemn declaration, which "was read 
 to me in French and English, and it is now read to me again, and 
 I swear the same is correct, to the very best of my belief and 
 knowledge." 
 
 In July, 1870, " I was sent for to my place at Two Little 
 Pomts by the Hudson's Bay Companj- and threatened if I did not 
 go to West Lynne. I went there and was brought before a 
 lawyer from Winnipeg, Mr. Blanchard, and Alexander Scott, of 
 the Marais, acted as interpreter. Scott cannot speak French half 
 as well as I speak English, and I thought it strange at the time 
 why he sliould be asked to translate, but it was Mr. Blanchard 
 who read the paper to us in English, and at the time we were all 
 more or less under the influence of whiskey. I am now shown 
 the declaration in question, and swear I did not intend to make 
 any such declaration, nor did I understand that I was made to 
 declare any such things as ai'e set forth in said declaration. / 
 never did declare that I did not understand English, because it 
 would be false, as I do speak English passably well, and I under- 
 stand it also." 
 
 " I did not knowingly declare that I only sold twelve chains 
 of land to Mr. Clarke, because I sold him twenty chains." I 
 had stated so to Mr. D'Auteuil, surveyor, in 1871, and to Mr. 
 Martin, and other surveyors, and the number of chains was de- 
 creased when the deed was drawn, and twenty-four was men- 
 tioned, and ultimately twenty chains was inserted in the deed. 
 
 I settled on lot 5 a great many years before the transfer, 
 '' and my father-in-law, Larvecque, was living on what is now lot 
 7, and had lived there for a year before I went on lot 5." He 
 had a good log house on the lot. He moved oft". " My iather-in- 
 law gave me his lot, now seven (7), which was alongside the one 
 I settled on, now five (5), together with the building on it. I 
 had my cattle in that building all winter, and built a house for 
 myself on lot five (5). 1 continued to use the building on lot 
 seven (7), and some years after, for my own convenience, I 
 moved it closer to my house. This stable, together with another 
 which I will describe hereafter, were standing and in use when I 
 sold the propel ty to Mr. Clarke, and were still standing for about 
 a year after, when some one must have stolen away the timber. 
 I explained all this to Mr. Clarke at the time I sold him the land, 
 to show him that my title was good," etc. 
 
8 
 
 ;i;l 
 
 ;i''i; 
 
 !. i 
 
 i I 
 
 ! t 
 
 '}'■'' 
 
 ii 
 
 i .; 
 
 I am a\ade to say th.it, '' la tho yeai- 1871 1 sold to Henry- 
 Joseph Clarko, of Winnipeg,', iny said claim. 1 moved off the land 
 in the month of December, 1871." I never made such state- 
 ment, I did not move off the laud I soil to Mv. Olarko until tho 
 winter after I signed his deed, which was ia July, 1872. 
 
 " Tho time that I was brought before Mt\ Blanchard I insisted 
 Oil 'nil and Scott coming with me to dee where m>/ house, barn aw' 
 stuh''''s were situated. I went with them and showed the house and 
 hum. The barn stands aboat 25 or 30 feet fi-om the house, both 
 being on what is now lot 5 ; but when [ asked them to come 
 and see where my stables stood they refused to do so, although 1 
 wanted them and pointed to the place. It was on what is now lot 
 1 , and about six chains north from my house. There were two 
 stables, one for my horses and the other for my cattle. Those 
 buildings were one of them 20 feet by 20 feet square and the other 
 was 15 X 15 feet, and they were on the land when I sold it to Mr. 
 Clarke and for a year after. When I left my hay was there, and 
 m}' fences. The fence from and around the stables went to tho 
 coule. 1 had at least six acres fenced in and sowed about seven 
 biishels of grain, which would be about four acres, without count- 
 ing the potatoes and other roots or vegetables which I cultivated. 
 One of the buildings I bought from the Hudson's Bay Company ; 
 it was a house of one Augustin Primeau, a servant of the Com- 
 jtany, and stood across the coule. It was sold to me by Edward 
 McKay, the clerk of the Company at that time, and I moved it 
 on to my land and used it as one of my stables and was the one I 
 describe as 15 feet square. 
 
 '* This declaration was made before Mr. Justice Dubuc, of 
 th - Court of Queen's Bench, Manitoba, '* after having been read 
 over and explained in the English and French languages, to the 
 said Joseph Goudon, by and before me." 
 
 (Sgd.) "J. DUBUC." 
 
 Aatoine Collin. — Declaration 14th February, 1881. 
 
 " We. always understood that our claims were twelve chains 
 by two miles each." 
 
 " I know the lot of land now lot seven (7), which was given to 
 my brother-in-law, Joseph Goudou, by ray father-in-law, Joseph 
 Larocque, and the building which was on it. My brother-indaw 
 used the building — which was large, about twenty feet square — as 
 stables, and he built another building also for stabling on the same 
 land, and occupied them both for many years, before and at the time 
 of the transfer and up to the time he sold the same to Mr. Clarke. 
 We all knew that the land and building were given to the said 
 Goudon by his father-indaw, and all the family were aware of it." 
 
to Honry 
 »ff the land 
 ucli state- 
 ;o until the 
 
 d I insisted 
 e, barn and 
 3 house and 
 lOuse, both 
 m to come 
 although 1 
 ; is novr lot 
 5 were two 
 ile. Those 
 id the other 
 Id it to Mr. 
 1 there, and 
 ^eut to the 
 ibout seven 
 hout count- 
 cultivated. 
 Company ; 
 if the Com- 
 ;)y Edward 
 [ moved it 
 ,s the one I 
 
 )ubuc, of 
 
 been read 
 
 aes, to the 
 
 rc." 
 
 ?lve chains 
 
 /as given to 
 iw, Joseph 
 ther-in-law 
 square — as 
 n the same 
 at the time 
 It. Clarke, 
 to the said 
 vareof it." 
 
 CortUied by Louis O. Bourget, Notary Public, to have been 
 <luly read and exi)luined to Collin ;iud " that he fully and perfectly 
 understood ho same." 
 
 Joseph L(u-ocque, Sen. — Deehuatiou, 1 Itli February, 1881. 
 
 " About seventeen years iigo 1 settled upon, took up acoord- 
 iog to the lletl Kiver custom, aiid built u[)onthe land now known 
 ill the Uovernmeut of Cunaila Surveys as lot number seven (7) in 
 the Kiver belt in the Parish of St. Agathe." 
 
 " I lived svitli my family for some time in the house which I 
 built on said laud, and one of my sons was born in said house ; his 
 name in Joseph lilie, and ho will be sixteen (lu) years of age in 
 March next." 
 
 " About a year after I had settled oii the land in question 
 ,my .sonin-law, Joseph Coudou, who had been away in the plains, 
 [returned and determined to settle down on land next to mine, 
 that is to say, between my land and that of the Hudson's Bay 
 I Company, and as I was anxious to have him settle down I gave 
 him my house and the land in question, and moved across the Bed 
 River to the east side and built on the lot ot land which is now 
 [known as lot 2." 
 
 " My son-in-law, Joseph Ooudon, with his family, settled 
 ^down and iKiilfc himself a house and other buildings on the land now 
 known as lot live (5) which was next to the Hudson's Bay Com- 
 pany's land and next to the coule, and during all the time 1 lived 
 opposite to him he occupied the buUding and land lohich I gave 
 him, ami he built another building on the .said land for the 
 accommodation of his cattle, and was in peaceable and sole posses- 
 sion and occtipatloii oj the said land ami buildint/s at the time of 
 the iransfer a)id vp to the time ivhen he sold the same to Mr. 
 i'larke, the Attorney General of Manitoba." 
 
 " The said land and building was given by me to my son- 
 in-law voluntarily and as a fiee gift, und was always occupied 
 by him with my full knowledge and consent till he sold the same 
 to Mr. Clarke." 
 
 "ertitied by Louis O. Dourget, Notary Public, a.i in case of 
 Coll a. 
 
 Auqastiii Gosidin. — Declaration 2r)th November, 1880. 
 " I know the land the sulject of this application and hav3 
 :nowu the same for the lasc seventeen or eighteen years." 
 niow Joseph Goudon and his father-in-law, Joseph Larocque. 
 
 " I remember the time when the said Joseph Larocque settled 
 )n the land notv lot 7, the subject of this application ; it loas about 
 tighteen years ago. ]le built a house on the said land and lived 
 „ .there for about one year. One of Ins sons was born in said house, who 
 
ill 
 
 10 
 
 is now a young nian. Aftei' he had lived there for about tlie time I 
 mentioned he cross'fd the vivcr and built a liouse ;)poaite th'^ 
 Hudson's Bay Comjtany's ))0.st and continued to live there "witli 
 his family till he .sohl out." 
 
 " When Joseidi Larocqne left Ins place now lot 7 his son-in- 
 law, Joseph Goudon, was settled on what is now lot five (5), and 
 I know that the said Cioudon for a great many years after uae-i 
 the bnildinj; on what is now lot 7 as one of his stables." 
 
 " I helped Jos(!pli (loudon to build his house on what is now 
 Lot .'», about seventeen years ngo, and I also helped him t) 
 plouijii his land. His house, which is still standing and within 
 view of where 1 am now making this declaration, vyas and is oii 
 what is knowti as lot 5, ami his stables were about ('• or 7 chainvS 
 to the north of his liousr, on what is now known as lot 7. Th» 
 atables in (juestioii were stid standing when Goudon inoVf'(l away 
 after he had sold out; tiiey were still there ant! 1 think about a 
 year or so after." 
 
 Reiterates his first declaration as true, notwithstanding what 
 may have occurred afterwanis. 
 
 The foregoing extracts represent the evidence ou behalf of 
 the applicant. The words in quotations are true copies. The 
 other matter sets forth the substance ; leaving out all exti-aneou^^ 
 matters and what applied i the other lots only. 
 
 The only evidence in opposition comes from Joseph Goudon, 
 Alexander Scott and Augustiu Gosselin, and is as follows : 
 
 Joseph Goudon. — Declar:ition, 19th July, 1879. 
 
 In 186G took up claim of the land in question, *'and in the 
 same year I built a house and stable thereon, subsequently J 
 ploughed up, cultivated and fenced some land." 
 
 " My said house and all my said cultivated hind, with the 
 exception of a very small corner, were on what is known as lot 
 number 5 of Dominion Government Surveys of said Parish of 
 St. Agathe." 
 
 " I had on said claim, in all, three and one-half acres of lami 
 cultivated, or thereabouts." 
 
 "In the year 1871 I sold to Henry Joseph Clarke, of the City 
 of Winnipeg, my said claim. I inoved olf the same in the mou*h 
 of December of the same year." 
 
 " When I sold said claim I had no idea of how much laud 
 I would be entitled to by virtue of my residence and improve- 
 ments thereon, biit I asked said Henry Joseph Clarke to how 
 much land I would be entitled, and he answered ** twelve chains." 
 I therefore agreed to sell him twelve chains, and I always under- 
 stood that it was so ex))ressed in the deed thereof from me to 
 him." 
 
 'A* 
 
11 
 
 lie time I 
 )Osite th" 
 lore with 
 
 )is son-iu- 
 B (5), an<l 
 ifter uae-i 
 
 lat is now 
 d liini t» 
 nd within 
 and is oii 
 V 7 cliainvi 
 >t 7. Th» 
 )ve<l away 
 k about A 
 
 ding what 
 
 I behalf of 
 pioH. The 
 extraneous 
 
 h Goudon, 
 »W3 : 
 
 md in the 
 quenily 1 
 
 with tho 
 
 )wn as lot 
 
 Parish of 
 
 •es of lami 
 
 If the City 
 the mon*h 
 
 lunch iaiid 
 improve- 
 le to how 
 |e chains." 
 lys under- 
 lom mo to 
 
 " I had no side lines, boundaries or marks to show how 
 much land T had taken up." 
 
 " At the time J owned said land half-breeds paid little or no 
 attention to quantity of land, but merely squatoeJ on a place 
 convenient for a house or small field." 
 
 " Since I removed Irom said claim it has never been culti- 
 vated." 
 
 "I am informed that in the month of May, 1879, I made a 
 declaration in support of the application of the said Henry 
 Joseph Clarke for a Crown Patent for said lots 5 and 7, and that 
 in said declaration I stated that I took up and settled on said 
 land in the year 1862 ; that I sold to said Henry Joseph Clarke 
 said lots 5 and 7, and that the boundary of said land so sold was 
 a coule, which separated the same from the Hudson's Bay Com- 
 pany, and thence 20 chains fronting on Red River, and two miles 
 back. I can neither read nor write, nor do I understand the 
 English language, and I solemnly declare that I never understood 
 that I was making any such declaration, that I did not say that 
 the boundary of my said land was as above described, or that I 
 sold said Henry Joseph Clarke twenty chains of land ; but that I 
 understood from him that I would be entitled to twelve chains of 
 land, and only sold him twelve chains." 
 
 f " I furthar solemnly declare that I did not state to him or 
 
 any other person that I settled on said land in 1862, and I did 
 not understand that it was so stated in said declaration." 
 
 CertiQed to hive been " read over, interpreted and explain- 
 Sed," by Sedley Blanchard, a Commissioner, etc. 
 
 Augustin Gosselin. — Declaration iOth July, 1879. 
 
 '* I am informed that in the month of May, 18 i 9, 1 made a 
 
 I declaration in support of the application of Henry Joseph Clarke 
 
 for a patent for said lots 5 and 7, in which it is stated that 
 
 Joseph Goudou's land the subject of said application was twenty 
 
 chains in width." 
 
 " I never knew that the said Goadon claimed any par- 
 ticular quantity of land, and never made the statement to said 
 Henry Joseph Clarke or any other person that his claim was 
 twenty chains in width, and I did not at the time I made said 
 I statement or declaration understand that any width was therein 
 mentioned." 
 
 *• I did not at the time know for what particular lots said 
 I Henry Joseph Clarke was applying for a patent, and merely gave 
 ^what information I possessed as to the settlement of said Goudon 
 Ion his claim." 
 
 "All the information I gave at the time said declaration was 
 I made was that said Goudon's house was built before the 
 transfer." 
 
la 
 
 lid 
 
 .Ji; 
 
 " I cannot read or write, nor do I understand the English 
 language." 
 
 Alexander Scott. — Declaration 19th July, 1879. ** I have 
 lived continuously in the immediate neighbourhood of the 
 village of West Lynne aforesaid since the year 1867." 
 
 " I have known Joseph Goudou ever since the said year." 
 
 ** From the said year until 1872 said Gotxdon lived upon 
 what is now known as lot number tiva (5) of the Dominion 
 Government Surveys of the said Parish of St. Aguthe." 
 
 " The only improvements said Goudon ever had on said lots 
 since I have lived in the said Province of Manitoba were a small 
 dwelling house about twelve feet by sixteen feet in size, contain- 
 ing only one room, ii small stable about ten feet by ten feet, and 
 a small field cultivated and fenced containing from three to four 
 acres or thereabouts." 
 
 " No improvements have ever been made on said land since 
 said Goudon left it in 1872. The said house and stables vvere on 
 said lot 5, but I cannot say whether the whole ot said field 
 was on said lot 5, as no survey lines were run at the time 
 Goudon lived on said land, and all traces of the fiehl are gone, 
 but to the best of my judgment it was entirely on said lot 5." 
 
 THE STATUTE 
 
 ^ 
 
 
 'I' 
 
 under which this claim is made is 33 Vic, ch. 3, sec. 32, s. s. 3, 
 which says : — 
 
 '* All titles by occupancy with the sanction and under the 
 license and authority of the Hudson Bay Company up the 8th 
 day of March, aforesaid, of land in that part of the Province in 
 which the Indian Title has been extinguished, shall, if required 
 by the owner, be converted into an estate in freehold by grant 
 from the Crown." 
 
 This Parish of St, Agathe was a portion of the Province in 
 which the Indian. Title it is said had " been extinguished," and this 
 legislation was designed " for the quieting of titles, and assuring 
 to the settlers iii the Province the peaceable possession of the 
 lands now held by them " (12th May, 1870;. 
 
 The Act had the effect of " assuring to the settlors " * * 
 "of lands" then "held by them," the *' peaceable possession" 
 and "the quieting of titles" to such lands, and " an estate in 
 freehold " if required by the owner. 
 
 1. The first question that presents itself is : Had Clarke or 
 his vendor " peaceable possession " of the tract or lot in quea- 
 
is 
 
 English 
 
 " I have 
 of the 
 
 year." 
 ed upon 
 •oininion 
 
 said lots 
 i a small 
 contain- 
 'eet, and 
 5 to foul" 
 
 md since 
 1 were on 
 said field 
 the time 
 are gone, 
 t 5." 
 
 2, s. s. 
 
 3, 
 
 inder the 
 > the 8th 
 Dviuce in 
 required 
 by grant 
 
 >vince in 
 
 ' and this 
 
 assuring 
 
 m of the 
 
 * if- 
 
 issession " 
 estate in 
 
 tion, combineii with lot 5 the title to which is already allowed 
 to him 1 
 
 2. To what extent is "possession" require 11 How long is 
 the possession retjuired to be? Wluit is the nature of the "pos- 
 session " which entitles the holder to the " right of pre-emption " 1 
 
 " Occui)ancy " or " poasesaiou " is a wide word, and ot large 
 a])plicati()n. In cases in tiio lU'W territory in ]\[an toba almost 
 any actual locating on lands, con»bined with residence, must bo 
 taken to have been *• possesHion " within tlu; meaning of the Act. 
 I have no doubh Governments in their dealings with the " set- 
 tlers" in the Province of Manitoba have always viewed the 
 question in a liberal spirit, in favour of the 8 'ttler, and not ad- 
 versely to him or harshly towards him. This is evidently the 
 8i)iiii and meaning of the Act. The possession was to be " peace- 
 able." Joseph Goudon had no dispute with anyone, although he 
 lived there for years, and presuming in his ca.se, as it has been T 
 8ui)pose in hundreds of others, that ho held with the sanction and 
 under the license and authoiity of the Hudson's Bay Company, 
 his title would be complete. There was no adverse claim when 
 Clarke bought, nor for seven years afterwards. There was no 
 adverse claim fyled anywhere at the time he bought from 
 Goudon ; nor has there been any since based on ** possession " 
 or ai\y right or title in direct connection with the land. The 
 opposition to the claim to lot 7 is simply denial of possession, 
 or of right. The possession as far as it went was certainly 
 " peaceable," as there was no adverse claimant — no person 
 claiming adverse possession. There is no length of time required 
 to bring persons in possession within the Act. All they needed 
 was to be in "occupancy" with the sanction iind under the 
 license and authority of the Hudson Bay Company on the 
 8th March, 18G9. The gist of the contention now made, 
 as it appears, on behalf of the Hudson's Bay Com|)any is, 
 as I judge from the nature of the declarations put in on their 
 behalf, that Goudon had not " peaceable possession " of lot 
 7 as he had of lot 5 ; or had not such " possession " of lot 7 
 as is contemplated by the Act to entitle him to the " freehold " 
 under the Act. There is no doubt he was a " settler ," and that he 
 settled on lots 5 and 7, and that he was in possession on tlie 8th 
 March, 1869, on the 12th May, 1870, aiid on the 15th July, 
 1870 ; but was that settling as is shown by the declarations 
 such possession of lots 5 and 7, and especially of lot 7, as 
 brings him within the \ct1 To determine that the evidence 
 must again be briefly referred to. 
 
 !!!larke or 
 b in ques- 
 
 Joseph Goudon in his first declai'atior. specifically defines 
 the land as follows : — ..' -M^i-. '-■•■- 
 
14 
 
 ! ii 
 
 ■1 ' 
 
 k 
 
 ijtlii 
 
 ! 1 
 
 1 
 
 **Tli« Itouiulaiy of my 8!»i<l land which I sold to tJie present 
 apitlicuiit was a cott/e which stiiiaratcil ruy hmd from the lands of 
 the Hudson's Bay Company, thenco twenty (20) chains fronting 
 on Red Kiver and two miles back." Thi«i plainly includes 
 lot 7. 
 
 J<'cque8 St Denis says that Goudon ''built a good log 
 house, stables and other buildings, on the said twenty chains of 
 land and fenced in and cultivated a considerable lot of the same." 
 
 Augustin Gosgelm says he knows the land the suVyect 
 of this application, and that the " land wan 20 chains in front on 
 the west bank of the Red River, by two miles in depth." 
 
 F. T. Bradley says that he knows lots 5 and 7, claimed by 
 Mr. Clarke and Joseph Goudon. " Goudon's fence ran along 
 the coule between his land and that of the Hudson's Bay Com- 
 pany." 
 
 Fortunat A, Martin, Surveyor, says he knows the land for 8 
 years. " When I made the survey of said lots 5 and 7 in the fall of 
 1872, Joseph Goudon was living in a log house which then stood and 
 is still standing on lot 5. Goudon informed me that he had sold 
 his land to Henry J. Clarke, thtn Attorney General of Manitoba, 
 and I entered Mi-. Clarke's name on my Plan of Survey as the 
 ownerof lots 5 and 7, as Joseph Goudon told me 1 hat he had sold two 
 lots to Clarke, as the improvements, ploughing, fencing, etc, ex- 
 tended over the whole lot 5 and about one-third of lot 7." 
 
 " My plan will show the extent of the improvements as I 
 found them at the time of my survey." 
 
 " I planted posts to mark Mr. Clarke's land. T planted four 
 wooden posts on the line of the lots in rear. Mr. Clarke's name 
 was marked on those four posts. They marked the rear of lots, 5, 7, 
 9 and 1 1, all of svhich Mr. Clarke claimed." 
 
 " I was emi)loyed professionally by Mr. Clarke last spring 
 (of 1879) to survey lots five (5) and seven (7). On beginning 
 my survey Mr. Duncan Matheson, Chief Clerk of the Hudson's 
 Bay Company at West Lynne. having with him as a witness Mr. 
 Bradley, sub-Collector of Customs, ordered me off the ground 
 and forbade me to survey lot number five (5), claiming it as the 
 property of the Company, saying at the same time yov, can survey 
 lot number seven (7), we Jmve no cluim on it. I continued the 
 survey and finished it, having staked out the whole front for 
 about a half a mile back from the river of the two lots 5 and 7." 
 
 Joseph Goudon in his third declaration says : " I did not 
 knowingly declare that I only sold twelve chains of land to Mr. 
 Clarke, because x sold him twentv chains." 
 
 iZt 
 
 '■.'Jptinii 
 
 .i^f 
 
 ^miiin 
 
 %<'li 
 
 ;ht 
 mil 
 
 bt 
 Oi 
 
 !Af 
 
 mi 
 
 I 
 
present 
 nds of 
 ■unting 
 ucludea 
 
 3od log 
 
 ains of 
 
 i same." 
 
 subject 
 rout ou 
 
 mecl >)y 
 along 
 ly Cora- 
 
 nd for 8 
 
 Le fall of 
 
 itood and 
 
 had sold 
 
 anito'oa, 
 
 y as the 
 
 sold two 
 
 etc., ex- 
 > 
 
 ents as I 
 
 nted four 
 b's name 
 lots, 5, 7, 
 
 t spring 
 )eginning 
 Hudson's 
 tness Mr. 
 e ground 
 it as the 
 in survey 
 nuud the 
 front for 
 5 and 7." 
 
 ' did not 
 id to Mr. 
 
 1") 
 
 I Hottkid on lot 5 a graat many y«!ar.s luiforo the transfer 
 * and my fathcr-iu-law, Liirocqne, was iiinntj on iv/iat is now lot 7, 
 ind had livod there for a yoar hefore I wont on lot 5." J/e had 
 ijood lo(j house ou the lot. Ho moveil od". " il/y father-in-luw 
 ^ffave me his lot, now seven (7 ), which wn.s alongside the one I set- 
 tled on, now five (5), together with the building on it. I had my 
 cattle in that building all winter, and built a house for myself ou 
 lot live (5), I contiuuedto use the building on lot seven (7), and 
 fioinc years after for my own convenience I moved it closer to my 
 house. ThiH stable, together with another which I will describe 
 hereafter, were Htamling and in use wlu^n I sold the property to 
 Mr. Clarke." (See the full declaration.; 
 
 Anloiut Collin says : ** We always understood lliat our 
 cloinis were twelve chains by two miles each." 
 
 " I know the lot of land now lot .seven (7\ which was given 
 4o my brother-in-law, Joseph Ooudon, by my Jather-in-laiv, Joseph 
 Laroc(pie, and the building which was ou it. My brother-in-law 
 used the hiildincj — which loas large, about twenty feet square — as 
 ■ftahles, and he built another building also for stabling on the same 
 land, and ofcupied them both for many years before and at the 
 lime of the trauxjer and u[) to the tiuu'. ho sold the same to Mr, 
 Clarke." 
 
 Joseph Larocfiue, Sen., says: "About seventeen years ago, 
 
 I settled upon, took up according to the lied River custom, and 
 
 ;finiilt v,pon Ute land 7ioio known in the Government of Canada 
 
 >*Surveys as lot numbe' seven (7) in the Eiver belt, in the Parish 
 
 •of St. Agathe." '' I lived with my family for some time in the 
 
 house which I built on said land, and one of my sons was born in 
 
 ■said house." *' / gatie him (Joseph (jloudon) my house and the 
 
 4and in (juestion" " lie occupied the building and land which I 
 
 iiave him, and he built another building on the same land for the 
 
 accommodation of his cattle, and waf in peaceable and sole posses- 
 
 ■mlon and occupatio^i of the said land and buildings at the time of 
 
 I' I he transfer and \\p to the time when he sold the same to Mr. 
 < 'larke." 
 Augustin Gosselin says : " L remember the time when 
 the said Joseph Larocque settled on the land now lot 7 the 
 subject of this application. It was aloout eighteen years ago. He 
 -built a house on the said land, and lived there Jor about one year. 
 One of his sons was born in said house, who is now a young man. 
 After he had lived there for about the time I mentioned he crossed 
 "the river," etc. 
 
 irf'^' 
 
10 
 
 " ^yhul) JoRO}>li I.arocquo ]tift his ])lao(', now lot 7, hi.s son-iii ^(J 
 liw, Joseph Goudon, was settled on what is now lot r», and I knowj^i.! 
 that the said Goudon /iV a ijreat many years after iisod the huxll^y 
 ing on n.'hat is voir lot 7 as one of his stables." qj. 
 
 " His stahles were about G or 7 chains to the north of M^hou 
 house, on wlrat is now known as lot 7. The sMh.'es in q nes ti on mpn 
 were still standi n'j vhen Cou ion niove'l away." 
 
 lenu 
 
 Aiigustin C'osMlln says in his second declaration for tin-* 
 
 pO! 
 
 Hudson's Bay Coin|tan_v: "/(// tlte i/'Joi'ination I gave at tiu'jehic 
 time said declaration was made, loas thai sa'nl G'o^kIou's horwifen 
 was haitt before the transfer." <lot 
 
 )orti 
 
 Alexander Scott says, for the Hudson's Bay Coni{)Hny, thatjvinc 
 "The said house and stables were on said lot No. f), hut I cannot xa^ti 
 say v^hether the m hole of said field vms on said lot 5, as Jio ot I 
 .survey lines were run at ihe time Goudon lived on said land." Ulow 
 
 There is nothiuij made out by the Hudson's Day Company ••the 
 to throw even a doubt \\\^o\\ the case of the applicant. The wors- Gk>uc 
 statements in tlu; <leclarations of Gosselin and Scott, the only diffei 
 outside evidence introduced, ai-e that they do not know mucli land 
 about it, and what they do admit to know and state is in com that 1 
 plete accord with all the othei- testimoiiy. The 
 
 There was a ]>ossession, a residence, a cultivation and .'. and e 
 living on lot 7 by Joseph Larocque, sen., the father-in-law tract, 
 ofjose.^h Goudon. Joseph Lai-ocque gave to his son-in-law, Gove 
 Joseph vroudon, that lot, with the house, stables and improve right 
 ments, and Joseph Goudon contimied that possession, occui)atio:: ' 
 
 and cultivation up to and after " the time of the transfer " (15ti\ of wh 
 July, 1870). This is ])ossession of the lot in question — "peace in it 
 able po.ssession," as there was and is no adverse claimants, of th( 
 claiming through possession cr any other right only the negative it ma 
 right that the claiiuant is not entitled. Goudon liimself, irres pract 
 pective of any right through his father-in-law, which ought to bt^ 
 sufficient, had a right in himself. He occujued, possessed, built 
 upon, cultivated and improved the lot 7 sufficient and morf 
 than sufficient to give him title under thestatute. I venture to say Ott^a 
 thousands of acres in Manitoba have been granted bv the Crown 
 under the Statute in question on much less evidence of possession 
 than there is in this case. Take for illustration the extent to whicl- 
 the equities of possession are carried under the Order in Council 
 of 25th February, 1881, as to what may be termed "staked 
 claims"; without any other or any actual possession, and with 
 out any cultivation or im[)rovements wliatever — at least 45,000 
 acres are allowed of that kind — stakes were put down at the 
 corners of lots, without residence, cvdtivation or improvements ; 
 
ir 
 
 )t 7, liis «on-iii.g|fl^(j]j claims are deliberately allowed by an Order in Council. 
 
 0, and I knowjgji^ is one with actual occupation and possession — evidenced 
 
 used the huihl^j jwsidence, building, fencing, cultivation and improvements — 
 
 or years, and having tenfold more strength as a claim ; and it 
 
 north of Mshould in my opinion, with much greater force of law and facts 
 
 ^!es ill 5«es^U)?<,iupportingit, be allowed. 
 
 I referred again to the view which, as I understand the prece- 
 
 lents in the Department of the Interior, cannot be disputed, that 
 
 ation for tlic < possession " does not merely refer to the actual land it may be on 
 
 gave at tin- jyhich a house has it j site, or to the actual land enclosed within 
 
 ou'Joiis Aoi/6' I fence, or the actual land ploughed and cultivated ; but to the 
 
 'lot" or "tract" on which the house is situate, or on which a 
 
 )ortion is fenced, cultivated or improved. In this case both 
 
 onipany, that jrinoiples apply. Lot 7 was built upon, fenced, cultivated and 
 
 , hut I ca»rjo< mproved. Lot 5 was also in a similar way. The application for 
 
 lot il, as no ot 6 has been allowed; with equal reason lot 7 should be 
 
 said land." iUoved. The only difference possible is the single fact that at 
 
 jay Company • th© time of the transfer " the residence or house of Joseph 
 
 '. The wor.si Gtoudon was not on lot shown. This should not make any 
 
 3tt, the on! y clifference, as the house or residence of Larocque, who gave the 
 
 know much land to Goudon, was on it, and was used by Goudon up to and at 
 
 ite i.s in com- that time ; and besides it was otherwise in sufficient " possession." 
 
 The holding in this case was two lots, occupied together, possessed 
 
 atioii and ,i and enjoyed, cultivated and improved together, or as one lot or 
 
 father-in-law fcmot, and not as two lots or tracts. It became two lots after the 
 
 s son-in-law, GDvernment survey. That fact should not militate against the 
 
 ud improvf rigbt to it ; and does not either in law or in fact. 
 
 '?, occupation The act of surveyors dividing his holding was not the act 
 
 isfer " (15th of yhe applicant or his assignor. They are obliged to acquiesce 
 
 on — '•' }>eace in it and probably in the extent of acreage in the lots so carved out 
 
 e claimants, af tlie " tract." Although that is hardly just to every extent, yet 
 
 the negative it may be regarded as practically equitable, but less than that is 
 
 imself, irres practical injustice. 
 
 ought to he 
 
 ses.sed, built 
 
 ; and more 
 
 ntureto say 
 
 the Crown 
 
 )f possessioji 
 
 nt to which 
 
 • in Council 
 
 id " staked 
 
 and with 
 
 east 45,000 
 
 )wn at tho 
 
 rovoments ; 
 
 JAMES BEATY, Q.C. 
 
 PAWA, 20th April, 1882. 
 
III 
 
 I'll*!,! 
 
 i;!:V'! 
 
 Ml K 
 
 ^^I'ii 
 
 liii 
 
 9^ 
 
 **^^^. 
 
STATEMENT OF FACTS AND OPINION 
 
 FOR 
 
 HON. H.J.CLARKE, Q.C 
 
 OZF* IVEA3^JITOB.^^, 
 
 to Lot Xo. [I. ill thr ParisJi of 3t. Ayathe, Manitoba. 
 
 1871, March 28th.- -Mr. Clarke 1 hought I GO acres iiml 
 t|^ buildim^s and improvements thereon, being the lot 9 in 
 stion, this land liaving been ^settled upoi\ and occupied by 
 chael Meehanon the loth Julv, 1S70, and for some time before, 
 up the date of his deed. 
 
 Deed dated 28th Marcli, 1871. (Jonsiderattou $125. 
 
 Michael Meehan conveys to Hon. H. J. Clarke '' jili that lot or 
 pii'cel of land situated in the said Parish and Province, bounded 
 «M| follows : Beginning north of the Hudson Bay Company's 
 posts at Pembina ; then running astronomically west forty chains ; 
 thence due north forty chains ; thence due east forty chains ; and 
 thence due soutli forty chains, to the place of beginning ; 
 OJ^taining one hundred and sixty acres." Full covenants as to 
 trale. [n [jresence of two witnesses — Dinican Sinclair and John 
 ir. 
 
 Duncan Sinclair, — Under tlie usual affidavit of execution, 
 b^ore H. Archibald, a Commissioner, and registered in the lle- 
 g^ry Office of the Countv of Provencher, at 10 o'clock a.m. on 
 thf 27th May. 1870. No. 7lo. George L. Lecomte, Deputy 
 l||gistrar. 
 
 i^ 
 
20 
 
 ''m 
 
 
 i'.;:i. 
 
 1879, Mai-cli 11th. — Patent first applied for on date, and not 
 pushed, on account of absence of Clarke from ill health, until 1879, 
 at which date Clarke was informed thero Wi».s no adverse claim 
 
 Frederick Mackenzie, on 1 1th March, 1874, makes applicatioi, 
 for Clarke and makes an affidavit and claim under the said deeil, 
 and says : " I am advised and hereV)y believe that Michael 
 Meehan, the person named in said deed of which the hereto 
 annexed is a true copy, went into possession of the lands ami 
 premises mentioned and described therein, and improved the saim 
 by erecting thereon a house, which he used as a store and dwellinf 
 for some time and carried on V)usiuesi therein of a grocer or salooi 
 keeper, and that such occupation and in)provements were mad- 
 some time previous to the sale thereof to the said Clarke." 
 
 Tenants have been on lot 9 under Cla.ke since, and Mr. E 
 Winkler now lives on the lot, and there are about $1,000 worti 
 of improvements. 
 
 Henry Jose/ph Clarice. — Declaration 3rd June, 1879. 
 
 1. That I^have known the lands, the subject of this applica 
 tion, during the past nine (9) years. 
 
 2. That in the beginning of the year 1871 I accepted offic 
 as Attorney General of Manitoba, and was sworn in on the lOt! 
 of January of that year. At that time there were Americai 
 trooi)3 at the Fort of Pembina, on the American side of tli 
 boundary line, and our volunteers were stationed at the Hudso: 
 Bay Company's fort, or post, on our side. 
 
 3. That one Michael Meeh xi was settled on the rear of tli 
 lot of land now known in the Dominion survey as lot No. 9, ii 
 the Parish of St.Agathe, or in a line with the present front of tli 
 said lot. 
 
 4. That Meehan had a good log building erected on the Ian 
 in question, and had been in occupation of the said lot and builii 
 ings for two years before, and on the 15th day of July, 1870, an. 
 was in possession and occupation of the same when I bought tli 
 same from him on the 28th of March, 1871. 
 
 5. That Michael Meehan, along with his business as a farmei 
 combined that of selling w^hiskey without a license, and was 
 perfect nuisance, himself and his place, as the troops from hot 
 sides of the line were in the daily habit of going there to drink, au 
 as the Half breeds also went there, rows were of very freque^ 
 occurrence. Some of them proved to be of a very serious natun 
 
 6. That after again and again trying, through the polk 
 force, to sui)pres'4 the place, and being appealed to by the officei 
 of ihe forces on both sides of the line, almost weekly, I at leng! 
 was obliged to get quit of the man Meehan, and could only dos 
 
 bjf.buyin 
 aiwill i 
 diced. 
 
 7. : 
 
 «Wit tim( 
 
 the knov 
 
 ' 8. 1 
 
 been infc 
 
 Josf. 
 
 1. 1 
 
 tiqo), dur 
 
 fop a gret 
 tiilg woo( 
 Ifind now 
 
 M 3. ^ 
 
 i!^ said i 
 alid settle 
 «6litinuoi 
 4. T 
 oOjDupatio 
 for some i 
 ings on it 
 ' , 5. T 
 fttUn Met 
 
 r smci 
 
 . 5. T 
 CS^pany 
 tiiAioe fro I 
 
 141 
 
and not 
 il 1879, 
 ) claim 
 
 )licatioi 
 id deeii, 
 Michael 
 i hereto 
 ids ami 
 ihe saini 
 dwellini: 
 3r salooi; 
 i-e road- 
 
 IMr. E 
 
 )0 worli 
 
 applica 
 
 ted offic 
 the lOti 
 \ inei'icai 
 e of th 
 i Hudso: 
 
 sar of til 
 No. 9, il 
 orit of til 
 
 I the Ian 
 md buili 
 1870, an 
 lought til 
 
 I a farmei 
 and was 
 from hot 
 irink, au 
 r frequeii 
 us naturt 
 the polit 
 ihe officei 
 at lengt 
 only do s 
 
 21 
 
 buying out his claim, which I did on the 28th of March, 1871, 
 t^will appear by the certified copy of the deed herewith pro- 
 dbced. 
 
 7. Thac ever since the 28th of March, 1871, up to the pre- 
 sent time, the land in question has always been mine, and that to 
 the knowledge of the neighbours. 
 
 8. That there is no adverse claim to the saiJ land, as I have 
 been informed at the Land Office in Winnipeg. 
 
 Joseph Goudon. — Declaration 2nd May, 1879. 
 
 1. That I have known the lands, \\e subject of this aj)plica- 
 tiwJ, during the past twelve (12) years. 
 
 2. That I was personally acquainted with Michael Meehan 
 for a great many years. We worked together on the road, cut- 
 ting wood and camping together, long before he settled on the 
 land now the subject of this application. 
 
 3. At least two years before the fifteenth day of July, 1870, 
 the said Meehan took up the lani the subject of this ap|)lication, 
 and settled on it ; built himself a house and additions, and lived 
 coatinuously on the land in question. 
 
 4. That the said Meehan was in peaceable possession and 
 o<^upation of the said land on the fifteenth day of July, 1870, and 
 f^ some time afterwards, till he sold the said land and the build- 
 ings on it to the j)resent applicant. 
 
 That I lived within about a mile, or a mile and a half, 
 friHn Ateehau's place while he was there. 
 
 David Goudon — Declaration 3rd May, 1879. 
 
 1. That 1 have known the lands the subject of this appli- 
 cation during the past tvvelve (12) or thirteen (13) years. 
 
 2. That I was personally acquainted with Michael Meehan 
 for many yc ars, and lived ne.ir his place, the land the subject of 
 this application. 
 
 3. Tiiat the said Michael jNIeehan settled on the land the 
 aiifcject of this application fully two years before the fifteenth day 
 of July, 1870, and built a house on said land, and occupied the 
 mfEcm for some years, and fenced in and tilled and cropped a good 
 Ijkrge lot of said land. 
 
 j. 4. That the said Michael Meehan was in peaceable posses- 
 1^^ and occii})ation of said land and living on it on the fifteenth 
 <3^ of July, 1870, and tor some time alter, up to the time when 
 III sold the said land to the present applicant, who has owned it 
 ^er since. 
 
 6. That the said land is situated north of the Hudson Bay 
 pany's fort, en the west bank of the Red River, a short dis- 
 
 iioe from our house. 
 
 \r4Ki{j ^ 
 
 <t 
 
22 
 
 ■■■•;;>,, 
 
 :.li,;i 
 
 .!!!^''^';^1 
 
 1880, January 10. — Clarke wrote a letter to Dopart 
 ment claiming or reviewing his claim to the lots, and noting 
 points in the evidence for the consideration of the Department. 
 
 Henry Joseph Clarh. — Declaration 10th January, 1880. 
 
 5, In Joseph Goudon's declaration before Mr. Sedley Blait- 
 ehard, in the matter of Lot " 9," mac.- on the 19th of July, 1879, 
 in contradiction of his former declare Lion of the 3rd of May, 
 1879, in support of my application, I find the following state- 
 ment ; " 1. From the year 1866 unti' the year 1872, / lived in 
 what is now hnoivn as Lot number fi,ve (5) of Dominion Surveys 
 of the Parish of St. Agathe" aforesaid, while, on the same 
 day, and before the same Mr. Sedley Blanchard, Joseph Goudoii 
 declared — to contradict his former declaration, of the 3rd of 
 3Iay, 1879, in support of my ap|)lication for Patents for lots 
 5 and 7 — as follows: " /w the year 1871, / sold to Henry J. 
 Clarke, of the City of Winnipeg, my said claim, and I moved ojj 
 the same in the month of December of the same yea,r" These two 
 statements contradict each other very materially, as it will at 
 once be seen, and they are both untrue, firstly, because Josej)li 
 Goudon's own two declarations sent to the Surveyor General in 
 support of my applications for Patents for lots 5 and 7, and lot 
 9, contradict then). Secondly, because I declare that Joseph 
 Goudon was still living on the land purchased from him, now 
 lots 5 and 7, when Mr. Martin, the surveyor, was making hi.s 
 survey in the fall of ls72, and did not leave the house till late in 
 tlie winter of 1872-3, and, lastly, because it will be seen that in 
 1872, on the 8th day of July, Joseph Goudon and wife signed 
 my deed of sale of the land in question, a registrar's coi>y ot 
 which deed is in the hands of the Surveyor General in support of 
 my chdm ; and in that deed, made and signed in presence of 
 George Hoy, Esq., Deputy Provincial Secretary, and by him 
 lead to the vendors in tlie French laufjuago, among others is tlio 
 following covenant : '• Tiie said party of the first part covenants 
 with the said party of the third part, that he hath a right to 
 convey the said lands and j)remises to the said party of the third 
 part, he, the said party of the first part, having owned and 
 ])Ossessed, and permanently resided on and regularly cultivated 
 the same for over sevevt years past. 
 
 6. Joseph Goudon, when making his declaration on the 3rd 
 of May, 1879, in sup[)Oit of my application for lot number " 9," 
 liimself volunteered the statement set forth in his declaration ; 
 "I was personally acquainted with Michael Meehan for a great 
 many years ; we worked together on the road cutting wood and 
 camping together long before he settled on the land now the sub- 
 ject of this application. 3. At least two years before the fifteenth 
 
ii3 
 
 Depart 
 id noting 
 partment. 
 
 1880. 
 lley BIhii- 
 iily, 1879. 
 of May, 
 ing state- 
 / lived in 
 m Surveys 
 the same 
 ih Goudon 
 e 3rd of 
 a for \oU 
 
 Henry J. 
 
 moved ojj 
 rhese two 
 
 it will at 
 se Joseph 
 general in 
 
 7, and lot 
 at Joseph 
 
 him, now 
 naking hi.s 
 till late in 
 en that in 
 vife signed 
 's copy ot" 
 
 support of 
 presence of 
 ,nd by hiiu 
 thers is tlio 
 b covenants 
 I a right to 
 Df the third 
 )wned and 
 
 cultivated 
 
 on the 3rd 
 limber " 9, " 
 leolaration 
 for a great 
 I wood and 
 jw the suli 
 ,he fifteenth 
 
 cbyof.July, 1870, the saiil Mechan took up the saiJ laud the* 
 subject of this application, and settled on it, built himself a 
 ibouse and additions, and lived continuously on the land in 
 (|uestion. 4. Tiiat the said Meehan was in peaceable possession 
 and occuj)ation of the said land on the fitteonth day of July, 
 1870, and for souie time afterwards, till he sold the said land 
 and the buildings on it to the present ajiplicant, 5. That i 
 lived within about a mile or a mile and a half from Meehan's 
 place while he was there," which shows that ho was telling tho 
 truth at that time, and perfectly understood what he was dic- 
 tating as his declaration. In March, 1874, I made application 
 through my Attorney, Frederick McKenzin, Esq., of Winnipeg, 
 Barrister, for a patent for the IGO acres of land which I bought, 
 linom Meehan. That application was referred back in Septem- 
 tier, 1874, for farther proof, which, owing to my absence from 
 Ifie Province for about four years, through illness, was not 
 forwarded till after my return to Manitoba. In May, 1879, 
 I forwarded to the Surveyor General further proof (with my 
 aJ>plication for a patent for lot number "9" (nine) which had been 
 assigned to me on the plan of survey at ray own request, and 
 from the ])osition of Meehan's buildings — lots 23 and 25 being 
 dlairaed hy others — by Mr. Martin, the surveyor, who was 
 wnployed by the Government, afcer D'Auteuil's death) in support 
 (^my application made in March, 1874, and which application 
 iiras duly advertised on the 1st of December, 1874, and which was 
 a|l follows : — (Application in No. 1,396, 11th March, 1874.) 
 
 / 8. One Alexander 'Scott, an old servant of the Ifudson JJnif 
 Company, I see by the copy sent me from tho Surveyor Geiieral's 
 (pifiice, made a declaration against my -application foi* a jiatent for 
 |iiot nine (9), before Mr. Sedley lUanchard, on tho I'Jth July, 
 1879, in which he declares as follows : 
 
 "1.7 have lived in the immediate neiglihonrhood of Wf'M Lynne, 
 in the said Parish of ISt. Agathe, since tJi.e year 186/ and 6. No 
 person ever lived on said Lot number nink s/?<c« [ came to the 
 Province oj Manitoba." 
 
 Now, Alex-jnder Scott has simi)ly declared a very positive 
 nntruth, as is fully proved by the declarations of Mr. E. Winkler, 
 who lives on the sabl Lot iilnc (0), and who has, with my know- 
 ledge and consent, built on it. Mr. Winkler is known to the 
 Jvhole of the people of Emerson as a prominent man in the town. 
 Very considen:blo imjn'ovements have been made on said Lot 
 
 KINK during tiie last four years, in ploughing, fencing, building 
 ^nd cultivation. The improvements on Lot nine, belonging to 
 
 me, are worth one tliousand dollars. 
 
 9. I send the -leclai-ation of William Hill Nasli, Esquire; 
 
 IB*. T. Bradley, Esfjuiie, Sub-Collector of Customs at Emer.son ; 
 
24 
 
 
 '■ & '• 
 
 A n, 
 
 ill,' H : 
 
 
 
 E. Winkler, Es(iuIi'o, ]\Iorclmut, of EinfM-.son ; F. A. Martin, 
 Rsquire, Dominion Land Surv(^yoi-j Willi:un Williams, Con- 
 stable at Emerson ; Joseph Lapointe, of the Parish of St. Agathe, 
 Farmer ; Antoine Paul Luurente, of the Parish of St. Agathe, 
 Fanner, and Paul Gossolin, of the Parish of St. Aga*ihe, both in 
 coTitradiction of the counter-declarations fyled by the Hudson's 
 Bn\ (Company in o[)position to my applications for jjatents for 
 lots s.iveu (7) and nine (D), in the Parish of St, Agatho, as also 
 in further proof of the perfect justice of my claim to ])atents for 
 the s lid lots seven (7) and nine (0). 
 
 10. I claim the said lots s.'ven (7) and nine (9), as I 
 ali-e:uly did the latter in March, 187i, under and by virtue of 
 the Manitoba Act, seo. 32, sub-S(;c. 1, 2, 3 and 4 of said section. 
 
 11. And I fuither claim lluit if, on an investigation of my 
 claims to said lots seven (7) and nine (9), it should be determined 
 that the provisions of said Act do not apply, then that the same 
 should be given to me as a homestead aiul pre-emption, or on 
 payment of the Government price of one dollar jjer acre, under 
 the Order in Council 
 
 Wm. Hill AWA.— Declaration 3rd January, 1880. 
 
 1. That I have known the Mands the sulject of this applica- 
 tion during the past nine years. 
 
 2. That Joseph Condon, of Two Little Points, in the Parish 
 of St. Agathe, Farmer; Augustin Gosselin, of the State of Min- 
 nesota, one of the United States of America, Farmer ; Jacques 
 St, Denis, of the Parish of St. Agathe, Farmer, on the third day 
 ol Mi\. 1879, came to my office at Emerson, and made their 
 se\ iM.il solemn declarations, of which copies are hereunto attached, 
 in support of the application of Henry Joseph Clarke for 
 Paconts for Lots numbers five (5), seven (7) and nine (9), in the 
 Parish of St. Agathe; when the declarations of t!ie said parties 
 were wi-itten, they were so written at the personal dictation of 
 the pirties themselves, and were fully, clearly and explicitly 
 read over and explained to them both in the French and English 
 languages by Mr. Clarke himself, first, and afterwards by Mr. F. 
 A. Martin, Dominion Land Surveyor, so that there could not 
 possibly be anything set forth in their declarations tiiat was not 
 there by their full knowledge and apjtroval. Their declarations 
 were made and subscribed to before me as a Commissioner in B. 
 R., ifec. I am farther slate, from parsonal knowled(je. that Joseph 
 Coudon understands and spexiks the English languof/e very fairly, 
 and speaks to me in English, 
 
 F. T. Bradley.— T>w\:\vAt\o\\ 3rd January, 1880. 
 1. That I have known the lands the subject of this applica- 
 tion during the past about nine (9) years. 
 

 n 
 
 Martin, 
 , Con- 
 
 Agathe, 
 
 Agathe, 
 botli in 
 nelson's 
 
 eats for 
 as also 
 
 ents for 
 
 ), as I 
 drtue of 
 
 ;tion. 
 of my 
 ;ermine(l 
 ;he saniti 
 n, or ou 
 e, umler 
 
 applica- 
 
 le Parish 
 3 of Min- 
 
 Jacques 
 third day 
 ide their 
 attached, 
 llarke for 
 )), in the 
 id parties 
 station of 
 !X])licitly 
 
 English 
 y Mr. F. 
 !ould not 
 ; was not 
 larations 
 ler in B. 
 it Joseph 
 
 applica- 
 
 lio 
 
 2. Tliat I knew Michael iNfcfjhan from the time of my 
 ^rival at West Lynne in March, 1871; he, the said Michael 
 iieehan, was at the time Kettled on land at the west side of the 
 great highway leading to Winnii)eg, north of the Hudson's Bay 
 jx)st, on the west side of the Ked Jliv'er. Meehan had a good, 
 ordinary settler's log building, in oi\e part of whicli he kept a 
 liquor saloon, and the other part was used fur living in — the 
 building was about 16 or 18 feet by 25 feet. I know that 
 Meehan sold his rights in the lands and buiUlings to Henry J. 
 Clarke in the spring of 1871, there being no surveys at the time 
 that Meehan sold to Clarke. I cannot positively say the exact 
 location of the buildings, but to the iiest of my judgnrent, and 
 from an examination of the map of the surveys of the Parish of 
 St. Agathe, I believe that in a straight line leading to the Red 
 River the buildings in question would be found on or in rear of 
 i|jOt number nine (9) of the present survey. 
 
 Wni. Wll/iains. — Declaration 3rd J;i.nuary, 1880. 
 
 1. That 1 have known the lands the subject of this a[)()lica- 
 tion durin the past eight or nine years. 
 
 2. That I was present at the time that Joseph Goudon, 
 David Goudon, Augustin Gossiilin and Jacques St. Denis came 
 to the otHce of William Hill Nash, Esq., at Emerson, on the 
 third of May, 1879, and made their declarations in wiiting in 
 support ot I he applications of IJenrv Joseph Clarke for patents 
 tor Lots Nos. f), 7 and 9, in St. Agathe. All the said i>ersons 
 were perfectly sober at the time, and I know them all personally, 
 ttheir declarations were written as they were dictated l»y the 
 :«everal persons themselves, and were read over to them in English 
 and French, first by Mr. Clarke, and then by INIr. F. A. Martin, 
 Dominion J>and Surveyor. I am perfeetlv certain that it was 
 impossible that they could )k libly 1)0 mistaken as to the facts 
 they declared to, or that their dechirations were not just as they 
 dictated them. I am now shown the coi'' 's of their declarations, 
 Attached to Mr. Nash's declaration, aad I declare that they are 
 Just as they were dictated by the i>ar,ies by whom they are 
 uigned. Joseph Goudon speaks and i;nderstands the English 
 language very well. He has often spoken to me and, in my pre- 
 sence, to others, and in saying thu contrary he says what is 
 untrue, 
 
 J-Juoch Winlder. — Declaration loth January, 1880. 
 
 1. That I have known the lanJs the subject of this applica- 
 tion during the past about five yeais. 
 
 2. That Lot No. 9, the subject of this application, is and ha;^ 
 i>een known to me bettei- than to siiiy other person for years past. 
 
26 
 
 
 
 .'i. I havo been shown the declaiution of one Alexander Scott, 
 an old servant of the Uiulsoris Jiay O'omjmni/, in which he do- 
 chu'es an follows ; — " / have lived in the iniviediate neighbourhood- 
 oj Went Lyniie, in the said Parish of St, Agathe, since the year 
 1807. No person ever lived on said lot number nine since I came 
 to the Province of Al anitnba." Either the said Alexander Scott, 
 must bo blind, or he has declared what he knew to be untrue, 
 because I have built o.v the said Lot No. 9, and live on it, 
 
 AND I HAVE been OULTIVATINO BETWEEN SEVEN AND TEN ACHES 01' 
 SAID LOT DURING THE PAST THREE OR FOUR YEARS ; THE IM- 
 I'ROVKMENTfi ON THE SAID LOT ARE WORTH ABOUT ONE THOUSAND 
 DOLLARS, AND ARE THE l'ROt»ERTY OF IIeNRY J. TlARIvE, THE 
 
 Applicant. 
 
 4. The IIudhon'.s 1>\y Company's servants, includinci Mk. 
 C. J. 1jryd(;ks, know that [ live on said lot, and havk tried 
 
 TO induce me T > RKNT IT FROM THEM, SO AS TO ESTABLISH A CLAIM 
 TO IT, WHICH I REFUSED TO DO. 
 
 Antoine Pavl Lanrente. — Declaration Gth January, 1880. 
 lo. Quo j'ai personnellenr^nt conmi Michel Meelian de[»uis 
 l)lusieur ann6es. 
 
 2o. Quo vers le mois dojuin de I'annce 1869, le dit Meehau 
 residait en dedans des deux niilles k I'ouest de la riviere Rouge, sur 
 le grand chemin ; qu'illy tenait un commerce de liqueurs ; qu'il 
 resida k cet endroit tout I'^t i et I'hiver, et laissa au priuteraiH 
 suivant. La maiaon mesu rait environ vingt ])ied8 sur quinze, el 
 etait situee en dedans d'un mille au nord de la frontibre interna- 
 tionale. 
 
 3o. Quo jo suis positif que Meehan s'^tablit il Tendroit ce- 
 dessus mentionne avant Tarriv^e des ti'oups dans Manitoba. 
 
 4o. Que je connais aussi Joseph Goudon etjesais qu'il coin- 
 prend et parle I'ansflais ; qu'il m'a avou6 avoir rendu toute si 
 ])ropriete k un nommoe Clarke, alors procureur-g6n6ral pour In 
 Province do Manitoba. 
 
 ■K" 
 
 Joseph Lnpoiate. — Declaration iSth January, 1880. 
 
 Dims rattaire de I'apptication de Henry J. (vlarko, pour p;i 
 tonte du lot No. 9, des arpentages de la Puissance, dans l;t 
 Paroisso de Ste. Agathe et Province de Manitoba. 
 
 Je soussigne, Joseph Lapointe, de la Paroisso de Ste. Agathe. 
 Comt6 de Provencher et Province de Manitoba, cultivateur, d'tanr 
 Mssermentd, declare conime suit: 
 
 Ic. Que j'ai perfaitenient connu Michel Meehan en 1809. 
 
 2o. Que le dit Meehan, vers le mois de juin de I'an 1869, et 
 certainement avant le mois de juilleb 1809, batit une maison, 
 d'environ vingt pieds sur quinze, sur le grand chemin, Ti euvlrou 
 
 •rjiirtj 
 
 
Scott, 
 he (1«- 
 iirhooif- 
 'ic year 
 I cami'. 
 ' Scott 
 untrue, 
 
 K ON IT, 
 ORES OV 
 rUR IM- 
 OUSANU 
 KK, THK 
 
 IN(J Mk. 
 : TKIKD 
 A CLAIM 
 
 1880. 
 I clopuis 
 
 ; Meehau 
 ouge, sui- 
 Lrs ; qu'il 
 jriiiteraps 
 quinze, ot 
 ■e interna- 
 
 endroit c^'- 
 oba. 
 
 qu'il com- 
 1 toute Hi 
 •al pour 111 
 
 L>, pour piv 
 I', dans 1:« 
 
 lo. Agatlio. 
 teur, d'tanv 
 
 1 18G9. 
 in 1869, et. 
 ne niaison, 
 I, Jl environ 
 
 27 
 
 itn dumi-niille au nord d»* li fronti«MO intornationuh', ttUu (pi'ar- 
 penteractuelleinent, ut (mi dedans do duux niilles u roiiuHt do la 
 Rivi6re Kongo. 
 
 ;* 3o. Que lo dit Moyhan thnneura dans la dit(i raaison toute 
 Y^id et riiivor 1 809, et y tiont un commerce do li(juein*s, et aban- 
 donna les premisses dans lo piintenips do I'an 1871. 
 
 / anl (nmndin. — Declaration Sth January, 1880. 
 
 1. That I have kaown the lands the subject of this applica- 
 tion during the jiast eleven years. 
 
 2. That I personally knew Michael Meehan, who built a 
 house of about twenty feet by iifteen, at a little over half a mile 
 north of tliM [nttM-natioUiil boundary line, and within two miles 
 west ot t!»e lied iiivi-r, and lived tliero for about one year, sellincj 
 
 iquor. 
 
 3. 1 know that Meehan built about the year Anno Domini 
 809, by the arrival of the troops afterwards in this Province, 
 
 j,„nd by the troubles of 18G9. 
 M 4. I also knew Joseph (jroudon, the tii-st owner of llivei* 
 wiiots Nos. f) and 7 ; and ho often told me that ho had sold the 
 whole of his i»roperty to one Mr. CMarke, of Winnipr^g, for one 
 hundred dollars, which he eonsidored au enormous ))rice for that 
 land at that time ; and T make this solemn <leclaration, etc., 
 etc., etc. 
 
 F. A. .l/a,j7«y^.-- Declaration 5th January, 1880. 
 
 1. That I have known the lands the subject of this ;\i)plica- 
 tion durin^' the past eight (8) years. 
 
 2. That I was employed by the Dominion (Government to 
 survey the settlement l)uilton lied River, from the international 
 boundary lino at Pembina to the second correction line, on both 
 sides of the lied River, in the year 1872, (one D'Auteuil, a sur- 
 veyor, deceased, preceded mo in the said survey in 1871). 
 
 3. I know Lots numbers five (5), seven (7), and nine (9). 
 When I made the survey of said Lots 5 and 7, in the fall of 1872, 
 Joseph Goudon was living in a log house, which then stood and 
 is still standing on Lot 5. Goudon informed nie that he had 
 sold his land to Henry J. Clarke, then Attorney General of 
 
 ; Manitoba, and I entered Mr. Clarke's name on my plan of survey 
 
 yas the owner of Lots 5 and 7, as Joseph Goudon told me that 
 he had sold two lots to Clarke, as the improvements, ploughing, 
 
 "lencing, etc., extended over the whole of Lot five, and about one- 
 third of Lot seven. My plan will show the extent of the im})rove- 
 ments as I found them at the time of my survev. T remember 
 perfectly well that, at the retjuestof Mr. Clarke, I planted pests 
 
 r-to mark Mr. Clarke's land. I i)lanted four wooden posts on tl e 
 
 
' 
 
 ^ 
 
 28 
 
 lines of Ui« lo'.s in roar ; Mr. Clarko's narno was marked on these 
 four posts ; tli(!y marked tlie rear of Lots T), 7, 9 and 11, all of 
 which Mr. Clarke claimed, as follows : Lots 5 and 7, as bein^' 
 purchased by him, Clarke, from Joseph Goudon ; l^ot 9, as having' 
 been ])urchasod from one Mike or INlichaol Meehan, and Lot II, 
 on u volunteer warrar.t. 
 
 4. I remember the remains of Mike Meehan's house. It 
 was, as the lines of survey then ran, on, or very near, the rear of 
 Lot 23 ; but, as the lines run since the survey of the 'Dominion 
 (Jovernnicnt, rr would ijk jcst on, or vkuy near, the rear ok 
 l.ot "9," and, finding the land vacant on lot "9," and 
 occdpied and claimed on loth " 23 " and ** 25," 1 fixed on 
 Lot 9 as Mr. Clarke's lot, under Meehan's title, and so 
 
 ENTERED Mr. ClARKE's NAME FOR IT. 
 
 5. I know Joseph Goudon, and see and speak to him often. 
 1 was present at the office of William Hill Nash, Barrister, and a 
 Commissioner for taking affidavits in B. R. etc., on the third day 
 of May, 1879, when Joseph Goudon, David Goudon, Augustin 
 Gosselin and Jactpies St. Denis came to the office to make their 
 several solemn declarations in support of the application of 
 Henry Joseph Claike for patents for Lots numbers 
 five (5), seven (7) and nine (9), in the Parish 
 of St. Agathe. They were all perfectly sober, and 
 
 their declai-ations were written in 
 
 my presence, 
 
 and 
 
 in 
 the presence of William Williams, William Hill Nash and Henry 
 J. Clarke. They dictated their declarations, word for word, as 
 nearly as could be, as theyai'e written, and their declarations were 
 carefully read over to them in the French and Engjlish languages ; 
 first, by Mr. Clarke, in my ))resence, and, afterwards, at Mr. 
 Clarke's re(piest, I read their several declarations over again to 
 them in the French language in the most cautious manner, so 
 that there couhl be no possibility of their being in any manner 
 mistaken as to the facts set forth in their declarations, after whlcli 
 they severally signed, and, under oath,declareJ that tliey contained 
 the truth, before the Commissioner. 
 
 G. Joseph Cioudon, I see by a declaration made by him on 
 the 19th day of July, 1879, Vxifore Sedley Bhmchard, a Commis- 
 sioner, etc., says : " I cannot read or write, nor do I understand 
 the English language, and I must have misunderstood the Com- 
 missioner who took the declaration." I most positively declare 
 THAT Joseph Goodon understands and speaks the Enqlish 
 language very fairly, and that he perfectly understood 
 
 AND declared TO EVERY WORD AND FACT SET FORTH IN HIS 
 
 DECLARATION, as I read it to him, as I did those of all the others 
 in the French language, as I have before stated. 
 
, these 
 
 all of 
 
 bein^ 
 
 laviiig 
 
 ot 11, 
 
 80 
 
 '>i 
 
 29 
 
 7. 1 liivvo read from the doclaration of one Alexander Scott, 
 * mado before Mr. Sedloy Llanchard atoroHaid, on the 19th day of 
 July, IS7\), the following : " Xo person eoer lived on the said Lot 
 number inne (9) shtce I came to the Province of Manitoba." I 
 most cortaiuly declare, in the moat solemn manm r, that the man 
 Scott has stated a positive untruth, as it is a Jact known to all 
 (he town of Eincraon and viciniti/ (hat Mr. Winkler, a merchant 
 in this town, has a, <jood. aubstantial buildiny on th'i said Lot, and 
 livt's in the honse, and has lived there since be/ore Scott made his 
 declarUion, awl that with Mr, Clarke's knowledge and consent ; 
 and, further, that Mr. Clarke's improvements on said Lot nine 
 ■must be worth Jrom eight hundred to one thousand dollars in 
 buildings, ploughing, fencing, etc. So t/tat Scott could not have 
 noticed, the lot in question Jor three or /oicr //ears past, or else he 
 wil/ulli/ declares to an untruth. 
 
 -^ The oi)i>o.sing declarations referred to are as follows : 
 
 s- Joseph Goudon. — Declaration 19th July, 1879. 
 
 1. In the year one thousand ei^ht hundred and sixty-si !f I 
 took up x claim of land on the west bank of JRed I'iver at what 
 is now known as West Lynne, in said Parish, and in the same 
 
 - year I built a house and stable thereon ; subsequently I ploughed 
 up, cultivated and fenced some land. 
 
 2. My said housa and all my said cultivated land, with the 
 exception of a very small corner, were on what is now known as 
 lot number five of Dominion (jrovernment Surveys of said Parish 
 of St. Agathe. 
 
 3. I had on said clain', in all, three and one-half acres of land, 
 <; cultivated, or thereabouts. 
 
 4. In the year 1871 I sold to Ilonry Joseph Clarke, of the 
 , City of Winnipeg, my said claim. / tnoved o^' the same in the 
 
 month of December of the same year. 
 
 5. When I sold said claim, I had no idea of how much land 
 I would be entitled to by virtue of my residence and improve- 
 ments thereon, but I asked said Henry Joseph Clarke to how 
 much land I would bo entitled, and he answered " twelve chains." 
 T therefore agree to sell him twelve chains, and I always under- 
 stood that it v.'as so expressed in the deed thereof from me to 
 him. 
 
 6. I had no sido lines, boundaries, or marks to show how 
 much land I had taken up. 
 
 7. At the time I owned said land. Half-breeds paid little or 
 no attention to quantity of land, but merely squatted on a place 
 convenient for a house or small field. 
 
 Since T removed from said claim it has never been cultivated. 
 
30 
 
 I am informed that in the month of May, 1879, I made a 
 declaration in support of the application of the said Henry Joseph 
 ■Clarke for a Crown Patent for said lots five and seven, and that 
 in said declaration I stated that I took up and settled on said 
 land in the year 1862 ; that J sold to said Henry Joseph Clarke 
 said lots five and seven, and that the boundaries of said land so 
 sold was a coul6, which separated the same from the Hudson's 
 Bay Company, and thence twenty chains fronting on Red River 
 and two miles back. / can neither read nor write, nor do I under- 
 hand the English language, and I solemnly declare that J never 
 understood that I was making any such declaration ; that I did 
 not say that the boundary of my said land was as above described, 
 or that 1 sold said Henry Joseph Clarke twenty chains of land, 
 but that I understood from him that I would onl;^ be entitled to 
 twelve chains of land, and only sold him twelve chains. 
 
 10. I further solemnly declare that I did not state to him oi' 
 any other person that I settled on said land in 1862, and I did 
 not understand that it was so stated in said declaration. 
 
 Joseph Goudon. — Declaration 19th July, 1879. 
 
 
 1. From the year one thousand eight hundred and sixty- six, 
 nutil the yenr one thousand eight hundred and seventy-two, I lived 
 on what is now known as Lot number five (5) oi Dominion 
 Govei'nment surveys of the Parish o^'S^ Agathe, aforesaid. 
 
 2. I was well acquainted with Michael Meehau, who, in 1870, 
 and 1871, kept a grog shop on the main highway near West 
 J^ynne, in said Pari.sh. 
 
 3. Said Michael Meehan built a house and stable near the 
 outer two miles limit of Lot number twenty-three (23) in said 
 Pariali, and about thi-ee-quarters of a mile to the north of the 
 liortlierly side line of Lot number 9 in said Parish. 
 
 4. Said house and stables were built after a dettnhraent of 
 troops from what is known as the First Expedition \,'^, e r^tationed 
 ?it Pembina Post, the Post of the Hudson's Bay Ccn\(>a\>y, and, 
 consequently, after the fifteenth day of July, one thousand eight 
 hundred and seventy. 
 
 5. Said house was only a shanty, with a flab roof, about 
 six or seven feet high, and about twelve feet by twenty feei- in 
 hize. 
 
 6. Tho stables consisted of a few logs covered with hay. 
 
 7. Said Meehan carried on the business of liquor selling in 
 said house for about one year, when he moved away. He never 
 liad any fencing oi cultivation in connection with the same. 
 
 8. Said Meehan never lived or had any improvements on said 
 liOt nine. 
 
 1 m 
 
 ^,m 
 
t, •>! 
 
 , I made a 
 Qry Joseph 
 3, and that 
 led on said 
 eph Clarke 
 laid land so 
 
 Hudson's 
 Red River 
 io I under- 
 aat J never 
 
 that I did 
 3 described, 
 ins of land, 
 
 1 eniUled to 
 
 B to him or 
 1, and I did 
 n. 
 
 d sixty- six, 
 two, I lived 
 
 Dominion 
 esaid. 
 ho, in 1870, 
 
 near West 
 
 l>le near the 
 23) in said 
 Ditli of the 
 
 ;tnhment of 
 , -e i-^tationed 
 
 i\(.<a".iy, and, 
 usand eight 
 
 roof, about 
 'enty fee-i in 
 
 til hay. 
 01 selling in 
 He never 
 same, 
 lontson Biiid 
 
 31 
 
 9, la the month of May last, I made a declaration for Henry- 
 Joseph Clarke, in connection with his application for a patent for 
 «aid Lot No. nine (9), and I am informed that, in that statement 
 or declaration, I stated that said Meehan built said house and 
 stable two years before the fifteenth day of July, 1870. I did not 
 understand that I was making any such declaration, and the same 
 18 untrue. I cannot write or read, no7' do I understand the 
 English language, and 1 must have misunderstood the Commis- 
 sioner who took the declaration. T did not know, and was not 
 told, the niunber of the lot for which Mr. Clarke was applying 
 for a patent. 
 
 David Goudon. — Declaration 19th July, 1879. 
 
 1. I have lived continuously inthe imuiediate neighbourhood 
 of the Village of West Lynne, aforesaid, since the year one thou- 
 sand eight hundred and sixty-seven. 
 
 2. I have known Joseph Goudon ever''since the said year. 
 
 3. From the said year imtil one thousand eight hundred and 
 -two said Govulon lived upon what is now known as Lot 
 
 number five (5) of the Dominion Government Surveys of the said 
 Parish of St. .\gathe. 
 
 4. The only iraprovementssaid Goudon ever had on said 
 lot since 1 have lived 'n the said Province of Manitoba were a 
 small dwelling house aboue twelve feet by sixteen feet in size 
 containing only one I'oom, a small stable about ten feet by ^^n, 
 feet, and a small field cultivated and fenced, coutaiuing from three 
 to four acres, or thereabouts. 
 
 5. No improvernenis have ever been made on said land since 
 said Goudon left it, in 1872. The said house and stables were on 
 said Lot No. " 5," but I cannot say wfiether the whole oj saidjield 
 vHis on said: Lot five, as no survey lines u'ere run at the time 
 Goudon lived on said land, and all traces of thejield are gone ; but, 
 to (he best of 7ny judgment, it ivas eutirely on said Lot Jive. 
 
 1. T am informed that, in the month of May^ 1879, I made 
 a declaration in support of the ajiplioation of Henry Joseph 
 Clarke, for a Crown Patent for Lot No. Nine aforesaid, which 
 said declaration contains the following r.catements., viz. : — That 
 one Michael Meehan settled on said loi, fully two years before the 
 fifteenth day of July, 1 870, and built a house thereon and occupied 
 it for nine years, and fenced in, and tilled, and cropped a gootl 
 large lot of said land, and that ^^^aid Michael Meehan was in peace- 
 able possession and occupatior. of said land, and living on it on the 
 15th July, 1870. 
 
 2. I never made any suidi statement, nor did I know that 
 said declaration contained anything of the kin 1 ; said Clarke did 
 
32 
 
 :iii 
 
 I'':: 
 
 not tell me the number of the lots for which he was applying, ami 
 all I understood was tliat the declaration referred to said Meehan's 
 house, without any refeveuce to the number of the lots. 
 
 3, What I did say, and what I 8up])osed was in said decla- 
 ration, was that said Meehan built his house when the soldiers 
 were at Dufferin, which was in the fall of 1870. 1 did not say 
 that Meehan had his field fenced in and cropped, for such was not 
 the case. 
 
 4. The house of said Meehan was on the 'outer two miles (so 
 called) of the lot of laud owned by me, namely, Lot No. twenty- 
 three, according to said surveys of said parish. 
 
 0. Said Meehan never cultivated any land in'connection with 
 said hou.se, in which he only carried on the business of liquor 
 selling ; and he only lived on the same about one year. 
 
 6. I can neither read nor write, nor do I understand tUo 
 English language. 
 
 Jiichard 2'firroL—T)ec\i\rn\ion 0th July, 1879. 
 
 1. I am the owner of Lot number twenty-fivo (25) of Da- 
 minion Government Surveys of the Parish of St. Agathe, au I 
 have owned the same place^for two years. 
 
 2. I know the site upon which tlie building OvJoupied by one 
 Michael Meehan in the year 1870 and 1871 stood. The saiti 
 building is now burned down. 
 
 3. Said building was near the two-mile limit, and on one or 
 other of the three Lots twentv-one, twentvthrc-e or twentv-fiv(», 
 but I could not, with certainty, SMy on which of the three lots it 
 was, as I iiave not followed out the survey lines of my lot so far 
 west as the house was situated. 
 
 I have freque^.tly seen the site of said houiie, anl it is at least 
 one-half a mile north of the northerly boundary of Lot number 
 nine (9) aforesaid. 
 
 Alexander Scott. — Declaration 19th July, 1879. 
 
 1 . / have lived in the immediate neiyhhourhood of West 
 Lynne, in the said Parish of St. Ayathe, since the year one thou 
 sand eight hundred and sixty-seven, and was well acquainted with 
 one Michael Meehan, who in the years 1870 and 1871 kept a 
 grog shop on the public road at West Lynne, aforesaid. 
 
 2. Said Meehan built said house in the fall of one thousand 
 eight hundred and seventy, after a detachment of the First Expo 
 dition (so called) were stationed in the Hudson's Bay Company 'h 
 Fortj at West Lynne, afoiesaid, then called Pembina Post. 
 
 3. Said Meehan also built a small stable adjoining said 
 house. The house was built of logs and was about twelve feet by 
 twenty feet, one 8t4n-ey high, with Hat roof, and was in reality 
 
 t ?, 
 
.Vv% 
 
 33 
 
 ying, and 
 Meehun'.H 
 
 lid decla 
 soldiers 
 I not say 
 h was not 
 
 miles (so 
 ), twenty- 
 
 !tion with 
 of liquor 
 
 'stand llio 
 
 !5) of l)o- 
 jatho, auvl 
 
 >ied by one 
 The sait^l 
 
 on one or 
 
 wentv-fiv(».. 
 hree lots it 
 y lot so fai' 
 
 b is at least 
 jot numbei 
 
 tod of West 
 ar one thou- 
 ainted with 
 J7l kept it 
 I. 
 
 le thousand 
 First Expo 
 Company's 
 Post. 
 
 oining said 
 elve feet by 
 3 in reality 
 
 Only a slianty. The stable was more [troperly speaking a hay 
 •tack, with some logs to support it, and the wliole establishment 
 was worth, at the outside, tiot more than thirty dollars. Said 
 Meehan never had any tencinii or cultivotion in connection with 
 said place. 
 
 4. The bidldi)t<i ref".rre(l to was built hij ^feeh<^a for d gro(j 
 shop and he carried on the business of selling liquor for AiiOVT onb 
 YEAR, when he wouu to the River Marais, aforesaid, and took up 
 a claim for the purpose of farming. He lived at the Marais over 
 a year, and then went to reside in the United States, where he 
 has lived ever since. 
 
 Said Meehan never lived on said Lot "number nine (9), nor 
 did he ever have any improvement thereon. 
 
 fi. No Person EVER LIVED o5f said Lot number Ni>fE singe 
 
 I OAME TO THE PROVINCE OF MANITOBA. 
 
 Clarke fyled further affidavits in support of his claisns as 
 follows : — 
 
 Michael Meehan. — Declaration 21st,Api'il, 1880. 
 
 1. I know the land the subject of this application, in the 
 Parish of St. Agathe, in the Province of Manitoba. 
 
 2. In the year 1869, about a year before the transfer of the 
 North-West Territories to Canada, I took up and settled npon 
 land about half a mile, more or less, north of the boundary line, 
 on the west bank of the Red River, and built a good substantial 
 I(^ house, about twenty by thirty feet, and stables, on the land. 
 My buildings were fully as good, or better, than those of the 
 Half-breeds who were my neighbours. My house was built on the 
 highway leading to Fort Garry, and my land lay between the 
 lands of Joseph Condon and his brother, David Goudon, and, as 
 1 believed and intended, within two miles of the Red River. The 
 nearest house to the boundary line was the house of a French 
 Half-breed, whose nauie I forget, but the Custom House^was there 
 after Mr. Bradley came as Collector of Customs ; then the Hud- 
 son's Bay Comi)any's fort ; then, separated from the Hudson's 
 Bay lands by a coule, came Joseph C'^udon's land ; next there 
 wius about a mile or more of vacant land, before you come to the 
 house of Joseph Goudon. Where I took up my land was on a 
 ptvt of that vacant space, away back from the river, about, as 
 noar as I could judge, just within two miles of the river, and, as 
 ntfikv as the eye could guess, looking in a straight line from ray 
 iKinse bo the river, about a quarter of a mile^or^so north of the 
 Wttle. 
 
 I lived on the land in question till the 8[)ring after the Cana- 
 dian volunteers came to the Hudson's Bay fort, and did a little 
 tniding there and sold liquors, and would have continued to occupy 
 
 3 ■ ■ 
 
. ■'?'.■ 
 
 34 
 
 my liouse and land there, perhaps, to the present time, had I 
 not sold my land and improvements to Attorney General Clarke, 
 of Winnipeg. I sold to him in the end of March, 1871, and gave 
 a deed to him, which was written and witnessed by Mi-. Sinclair, 
 a surveyor, and another man, I believe a policeman, I was paid 
 $125 cash for my land and improvements Irom Mr. Clarke, 
 which was a long price at that time, but my buildings were well 
 worth it, for land was looked u])on as of very little value — every 
 man took as much as he liked. 1 afterwards took up land about 
 four miles further north, and for two years kept the stage stop 
 ping house, until I finally sold out and came to live here. 
 
 The Goudons know me well ; they both spoak English very 
 well, for Half-breeds ; I always spoke with them in English ; I 
 cannot speak French. David Goudonand myself were acquainted 
 for a long time before I settled on the land I have described. We 
 made trips togethei*, and knew each other well. I considered my 
 title to my land, when 1 sold it, just as good as any other man's 
 title in the country, under tlie law passed by the Government of 
 Canada about lands in lied Iliver, and I sold the land, one hun- 
 dred and sixty acres, in good laith to Attorney General Clarke, 
 and I know, at the time I was paid $125 for my claim and iiu 
 j)rovements, there were thousands of acres of land open for people 
 to settle on all around, but tJie Hudson's Bay Comj)any wanted 
 to get rid of me from there, because I was selling whiskey and 
 takini^ custom from their store, where whiskey was sold also. 
 
 Mr. Bradley, of the Custom House, knows me well, and 
 knew me from the time he came to the Custom House till T sold 
 to J\Ir. Clarke and moved away. 
 
 Josrph (f'oudoii — Declaration 2ud November, 18<S0. 
 
 In July, 1S7!>, I was sent for to my )»lace at Two iattlf 
 Points by the Hudson Bay Comfiany and threatened if I did not 
 go to West Lvnne. 1 went there and was brought before > 
 lawyer from Winnipeg, Mr. Blanchard, and Alexander Scott, ot 
 the Marais, acted as interpi'eter. Scott cannot speak ErencI; 
 half as well as I speak English, and I thought it strange at tlif 
 time why he should be asked to translate, but it was Mr. Blan 
 •e'hard who read the paper to us in English, and at the time w 
 were all more or less undei' the influence of whiskey. 1 am nov 
 shown the declauition in question and swear I did not intend ft 
 Tnakeany such declaration, nor did I understand that I was mad' 
 to declare any such things as are set forth in said declaration. 1 
 never did declare that I did not understand English, because i 
 would be false, as I do speak English passably well, and under 
 fitand it also. 
 
 of 
 
 ha 
 
 ca 
 
 su 
 
 di( 
 
 eh 
 
 sa^ 
 
 we 
 
 chi 
 
 at 
 
 err 
 
 cla 
 
 qu< 
 
 to 
 
 8pl( 
 
 •at 
 
 his 
 
 Iog« 
 
 rivt 
 
 Bef 
 
 bad 
 
 i^mii 
 
 so c 
 
 note 
 
 of n 
 
 run 
 
 did 
 
 the 
 
 my 
 
 hioQ 
 
 anc 
 
 pra| 
 
 side 
 bail 
 
 wei 
 
 rsifd 
 
 the I 
 
 sa\ 
 
 anx 
 
 coii: 
 
 HiiJ 
 
 the 
 
inie, had I 
 ?ral Clarke, 
 1, and gave 
 Ii-. Sinclair, 
 
 I was paid 
 Mr. Clarke, 
 were well 
 alue — every 
 
 land about 
 
 stage stop' 
 ere. 
 English very 
 
 English ; I 
 e acquainted 
 tscrihed. We 
 onsidered my 
 
 other man's 
 overnraent of 
 and, one hun- 
 iieral Clarke, 
 aim and ira 
 )en for people 
 pany wanted 
 whiskey awl 
 sold also. 
 
 ine well, ami 
 luse till T sold 
 
 nt Two lattle 
 ^(1 it" I did not 
 night before s 
 mder Scott, ot 
 speak Frcinci 
 itrango at tlif 
 was Mr. Blan 
 , the time w 
 y. I am nov 
 not intend t' 
 lat I was mad' 
 [declaration. ' 
 rlish, because i 
 11, and under 
 
 3.') 
 
 I I did not knowingly declare that I only sold twelve chains 
 of laud to Mr. Clarke, because I sold him twenty chains, and 1 
 had stated the fact to Mr. D'Auteuil, the first surveyor who 
 came to survey the land in 1871, and also to Mr. Martin, the 
 surveyor who made the survey afcer Mr. D'Anteuil's death. Nor 
 did I ever intend to be understood that I had only sold twelve 
 chains to Mr. Clarke, and I was not aware that 1 was made to 
 say that in the declaration made before ]\Ir. Blanchard, as I was 
 well aware that in the deed I gave to Mr. Clarke twenty -four 
 chains was first mentioned, and Mr. Clarke himself informed me 
 at the time that twenty chains was all I could sell, as the Gov- 
 ernment of Caanada had determined to reduce our twelve chain 
 claims to ten chains each to equalize the «urveys. In conse- 
 quence of that the deed was changed to tweucy chains only. 
 
 * ' As to Michael Meehan 1 knew him well. He was known 
 to all tiie neighbours as Le BtTeax Xoir, l>eoaus3 he had a 
 splendid large team of black oxen, and was not very well liked 
 by the people, he was so cross. Fully a year before he sold 
 •ttt his claim to Mr. Clarke the said Mik(i JMeehan came with 
 his wife and family and took up land near me. He tiist drew 
 logs and built near to completit)n a house on the bank of the 
 river near to where Mr. Winkler'.s house now stands, on Lot 0. 
 Before his house was conipleted one of my cattle came home 
 badly riddled with shot. 1 cannot say that Meehan shot the 
 i^inimal. but people began to talk about his coming to settle there 
 so close to me. I suppose he heard their talk, b3cause he came to 
 me a day or two after and asked me t ) show hiiu ths boundiry 
 of my claims. I told him [ was not e;;itain before the lines were 
 run, but I thought he would be oa my laud. I 
 did this to get rid of hirn, as I wa< afraid of 
 the man. He was a very cioss old fcdlow, and I was afraid if 
 my cattle aimoyed him I would have trouble. I did not want 
 him for a near neighbour, so he stopped building at that point 
 and went away out about a mile and a half, more or less, on the 
 prairie, in a line with his first building, and built] on the west 
 side of the high road then leading to Fort Garry, where he 
 built a good substantial oak log house. The oak logs he used 
 were very fine, because he bought then) from men who were 
 rafting the oak logs down from the States, and I know they were 
 the best log.s of any used in building in our neighbourhood. I 
 saw him drawing the logs up the river bank with his black oxen, 
 atldthey were very heavy. Several men were with the raft 
 coming down the river, but I can only reniMnber one of them. 
 His name is No 1 Lennon, who afterwards, for many years, kept 
 tb<fcred saloon in \Vinnii)eg, and now kee[ts tlie " Gable Hotel." 
 
36 
 
 9. Mike Meelian, with his wife and fanuly of several cliiKl 
 ren, lived in the house he built on the roadside for, I am certain, 
 over a year, till he sold to Mr. Clarke, and it was when I heanl 
 that Clarke had bought hiui out that I thought I would try and 
 sell to Mr. Clarke also, which I did. 
 
 1 0. Median's buildings consisted of a good log ho. .^e and stables 
 His stable was a little distance from the house, and was enclosed 
 with a substantial rail fence. I have been over the ground 
 within p few days past with IMr. Martin, the Surveyor, and 
 others, and I pointed out the i-emains of Meehan's house and 
 stables. They are quite visible — the cellar and a considerable lot 
 of logs half buried under the ground. The site is near and to the 
 north-west of the old oak boundary post, which stands about 
 seven (7) feet high. I cannot be mistaken in the place. I know 
 it well, and have been there very often when Meehan lived there, 
 and could see it quite plainly from my house ; in fact ho was out^ 
 of my nearest neighbours on that side of the river. 
 
 11. I know Alexander Scott and am shown his declaration, 
 which is read to me, in which he says there never was any ini 
 provement on Lot nine since he came to the country. lu saying 
 that he tells a very deliberate untruth, because Mr. Winkler's 
 house and outbuildings were, at the time he made that declaration, 
 on the said lot (U), and no one who was not blind could possibly 
 come in from the Marais or cross the ferry to Emerson withou; 
 seeing the buildings on the lot, unless darkness or blindness 
 ])ve vented them. 
 
 Thomm Spence. — Declaration 13tli Januaiy, 1881. 
 
 1. I went to the Hudson's Bay Territory, now the Province 
 of IManitoba and North-West Territory, in the year 1866, and 
 have lived there ever since that time. 
 
 2. The foreign population was very limited at the time I 
 went there, and continued to be so until after the year 1870, so 
 that all strangers in the country were easily known. 
 
 3. I knew one Mike, or Michael, Meehan, who had a log 
 house at North Pembina, on British territory, on the road leading 
 at that time to Fort Garry. His house was a good ordinary log 
 house, and was about half a mile north of the Hudson's Bay fort, 
 or post. Meehan lived there with his family and sold whiskey. 
 
 4. I distinctly remember that Meehan was living in that 
 house in the year 1869, and that I was in the house and saw him 
 there. It was the fall of the year before the tninsfer of the Hu'i 
 son's Bay Territory to the Dominion. 
 
 Walter H. i?o wen.— Declaration. 
 
 1. I went to the Hudson's Bay Territory, now Manitoba and 
 the North- West Territory, in the year 1864, and, with the exception 
 
37 
 
 eral cliiKi 
 im certain, 
 n I heard 
 IJ try ami 
 
 Mid stables 
 as encloaeil 
 he ground 
 veyor, and 
 house and 
 iderable lot 
 and to the 
 iiids abon: 
 I know 
 lived there, 
 he was out^ 
 
 declaration, 
 as any ini 
 In saying 
 '. Winkler's 
 declaration, 
 lid possibly 
 son without 
 )r blindnesM 
 
 a. 
 
 16 Proviaoe 
 V 1866, ami 
 
 the time I 
 ar 1870, so 
 
 } had a lo^ 
 road leading 
 ordinary log 
 n's Bay fort, 
 I whiskey. 
 ring in tha: 
 md saw him 
 of the Hud 
 
 lanitoba ami 
 bhe exception 
 
 <if my forced absence during the Riol Ilebfllion, I have { erm ment- 
 ]y resided there since 1864. 
 
 2, 1 knew well a man by the name of Michael Meehan ; he 
 was called "Mike" Meehan as a general thing by the ])eople. 
 
 3, The said Meehan used to be around Winnipeg with 
 others of the same kind, such as "Bob," " O' Lone and Jinimey 
 from Cork, and in the year 1 869 the said Meehan went to North 
 Pembina, that is to say, on the British side of the boundary line, 
 and built a log house (all the houses in the country were log 
 houses at that time) about halt a mile, as near as I can now 
 recollect, to the north and west of the Hudson's Bav Post ac 
 North Pembina, on the west side of the road leading to Fort 
 Garry, and certainly within the two mile limit from the Red 
 River, 
 
 4, I am quite certain as to Meehan's having his house built 
 there in the fall of 1860, as he sold whiskey there, and I was in 
 his house three or four times, and got drink in his house in the 
 fall of 1869. Meehan's house was as good, if not a great deal 
 better, than the houses of the French half-breeds in that neigh- 
 tjourhood, and he had his family there living with him. 
 
 6. Meehan continued selling whiskey at that place up to the 
 early spring of 1871, and then moved away ; and it was generally 
 well understood that he harl sold his buildings and land to the 
 then Attorney General of Manitoba, the present ai)plicant. 
 
 .•: John Connor. — Declaration 8th January, 1881. 
 
 1. That in the month of October, 1869, I went with the 
 Honourable William McDougall to the said Province of Mani- 
 toba, and about the 1st of November, 1869, was stationed at the 
 Hudson Buy Fort at North Pembina. 
 
 2. That I knew Michael Meehan, who lived in a log house 
 •or shanty on the Canadian side of tlie line, about half a mile from 
 the fort, near the road leading to Fort Garry, and that the door of 
 the said house or shanty faced the said road leading to Fort 
 Garry, 
 
 L'l. That at tiie said fort and within vicinity I remained about 
 two months, and that during that time the men under my charge 
 were in the liaint of going to Meehan's to purchase whiskey. 
 
 4. That it was well known at the fort and the vicinity that 
 the said Meehan was in the habit of selling; whiskev. 
 ; ' xVnd I make this, etc. 
 
 Alphome Fortunat Martin. — Declaration 26th November, 
 1880. 
 
 1. I know the lands the subject of this application during 
 
 ,l^e i)ast eight years. ~ ^ i*;,.. 
 
38 
 
 i 
 
 2. I w;i3 the ^or employed by tlio Government of 
 Caniida iu the ye 2 and 1873 to survey the lota in the Red 
 Kiver Belt, from international l^oundary line to the second 
 correction line, a distance of about thirty-six miles, and I sue 
 ceeded Louis D'Auteuil, who, after making a partial survey of 
 the said lied River Belt, died at Winnipeg in the spring of 1872. 
 
 3. I made a declaration before in this matter, and in it 1 
 Haid, and gave my reasons for saying, that 1 fully believed thai 
 the house and stables of one Michael Meehan were on or near 
 the rear of lot No. 9, in the Parish of St. Agathe, and within tho 
 two miles of the Red River. 
 
 4. 1 am now in a position to state positively, and do hereby 
 most positively declare, that the house and buildings of the saiil 
 Meehan were, and the remains of them are still, on what is now 
 Lot 9 in the Parish of St. Agathe, and within the two mile^ 
 limit of the said river, either by the ^;resew< lines of survey, or 
 accoi-ding to the former lines. I am enabled to make this iormal 
 and positive declaration from the fact that I have made a careful 
 survey of the ground after the place had been fully identified hv 
 myself and Joseph Tennant, Joseph Goudon and others. A copy 
 of the plan of such survey is here annexed. The place is veiy 
 easy of identification, as it is only a very short distance from the 
 international boundary post of 1837, which post is about 7 feet 
 high, and about 8x10 inches, of sound oak, marked thus: 
 W.E.N.S., 49th parallel, 1837, and one of the party who came 
 with me, Joseph Tennant, had been there in 1870, at Meehaii's 
 house, and while there had cut witli a knife, on the said oM 
 boundary post, his initials thus : J.T., 1st Co. O.R. (Joseph 
 Tennant, 1st Company Ontario Rifles), and on the said post I 
 found the same still [)erfectly visible, although bleached by tiiiit 
 and exposure. 
 
 5. To establish the i)Osi<;ion of Median's house, and in order to 
 ascertain what lot the buildings of the suid Meehan were on, 1 
 measured from the half mile mound at the back of Lots 23 and 
 25 due west 34.84 chains, which struck the south corner of 
 Meehan's stable, which stands one hundred feet south of the 
 house — in other words I produced the division line between river 
 lots 23 and 25 west till it reached Meehan's stable; and from that 
 point I ran a line on the old bearings which were as near as 1 
 could ascertain N.50' W. This line (marked with red ink in the 
 annexed plan) crossed the division line between Lots 7 and 9 at a 
 few chains from the Red Itiver (as marked on the said plan) ; and 
 I know the old lines to have been of the bearing N. 50* W., 
 because at the time I surveyed the river lots on their present 
 l»earing East and West the old settlers complained then that the 
 new lines were not run the same as the old lines. I also noticed 
 
 s 
 
ernmenfc of 
 } in tl)c Red 
 » the second 
 , aud I sue- 
 I survey of 
 ng of 1872. 
 and in it I 
 telieved tlia', 
 on or neai 
 I within till! 
 
 do hereby 
 
 of the saiil 
 .'hat is now 
 ( two mile^ 
 ' survey, or 
 
 this iormal 
 lie a careful 
 ilentified l>y 
 ■s. A copy 
 ice is very 
 ? from the 
 »out 7 feet 
 rked thus : 
 who came 
 t Meehan's 
 he said old 
 
 11. (Joseph 
 laid post 1 
 3d by tiii^.f 
 
 in order to 
 were on, I 
 iOts 23 and 
 corner of 
 luli of tilt' 
 ;ween rivei 
 X from that 
 iS near as 1 
 I ink in tli ■ 
 
 and 9 at ;t 
 )lan) ; and 
 N. 50' W., 
 dr present 
 3n that the 
 
 Iso noticeti 
 
 a9 
 
 that the lludsou's Bay Company's first imitroveineiits, or rathci- 
 their field improvements, as fenced in, had a bearing to the North- 
 West and very near parallel to the line marked in red on the 
 Mill plan, and which line, as I ex[)laino(], I i\m 
 from Meehan s lionso to the river. Further, when Capt. Canie- 
 ron, H. M. N. A. B. Chief Commissioner, purchased twenty chain.-; 
 from one Francois Mainviile, in 1872, for the Government, ami 
 before any Dominion surveys were made, the said Cameron had 
 the division lines of the said purchased land run according to the 
 old lines and on the bearing N. 50' W. a. d liad all the Govern- 
 ment buildings [)ut up within these lines as run by his engineers. 
 (japt. Cameron also took one river Lot for himself in 1872, and 
 calculating that the Government would run the division lines on 
 the same bearing as the old lines then in existence, he made 
 his improvements accordingly and built a house on the selected 
 liind, but when I afterwards made the Government surveysj 
 and ran the lines of division ease and west, Capt. Cameron 
 came to me and remonstrated in rather an angry manner, and 
 Baying that there was no i-eason to change the beai'ing of the 
 lines. The new lines were not only cutting his improvements 
 off the lands he had selected for himself, but also threw 
 nearly all the Government buildings at DufForin on different lots 
 than those purchased from Rainville. I remember this perfectly 
 veil, as Capt. Cameron cai d me a great deal of annoyance, and 
 ht» came with me ani showed me all the lints he had run, and 
 which lines I ascertained to run nearly N. 50' \V. astro. After- 
 wards I received special instructions from the Government to 
 change the bearing of the lines on the Government and Capt. 
 CJameron's lots at the points marked A. B. C. D. on tlin annexed 
 plan, and to run that part of the lines between sail I points 
 A. B. C. D. and the Bed River on the old bearing N. 50' W. 
 Had not these lines thus been changed, the buildings of the 
 (Jovernment which are now on Lot 33, would have been thrown 
 on Lot 31 ; and Cvpt. Cameron's house and other improvements 
 now on Lot 39 would have been on Widow Go.sselin's land, 
 Lot 37. 
 
 G. The cellar at INteehan's house is still quite visible, and 
 also the logs which nuide the foundation of the house, and the 
 Stable is also easily identified by a few logs on the ground and by 
 weeds all around the plice where the stable stooil. The house 
 measured about 40x25 feet and was built with oak logs. 
 
 7. Any {)erson of reasonable judgment, by looking at the 
 position of Meehan's house, must acknowledge that he (Meehan) 
 must have inevitaltly selected the land adjoining to Goudon. 
 Meehan was selling whi.'>key m the said house, and most of his 
 traffic was with Hie s'ldit-rs stationed at the Hudson's Bay Com- 
 
40 
 
 pany post. Tt Is only niitunil to suppose tlicu tint it would liavi' 
 been more bftneficiiil for Moehan to stittlo closer to tho Fort had 
 he thought tliat thorn were vacant lands between bis house aiul 
 the Hudson's Bay Comj)any ])ost, insteail of putting his liouso 
 where it is. 
 
 8. By a thorough survey of tho land and tho position of 
 M '(•';an's house, and after ascertaining the old l)onring.s, I cannn' 
 com", to any other conclusion than that Meelian, wlieti he built oi> 
 tht; highway, had the int.Ml^ion of talcing the land next to Joseph 
 Guiidon. 
 
 
 Michad Meehan. — Declaration 9th Februar}', 1881. 
 
 1. 1 made a deposition in this matter on the 2 1st of April, 
 A. D. 1880, and all the facts therein alleged and set fortii are 
 true. 
 
 2. When 1 made the deposition in question I forgot to 
 mention one fact, which T am now told is ot importance. It is 
 this : When I first made u]i my mind to take up land near tht; 
 Hudson Bay Fort, afc what was then North Pembina, and is now 
 known as West Lynne, I commenced to build on the river bank, 
 as near as I could guess on the vacant land next to Joseph 
 Goudon's claims, for I understood that his house and barn, 
 which were close together, were on one claim, and his stables, 
 whicli were tvvo in number, and more than usually roomy for a 
 lialf-breed, were on the other. I understood the claims to be 
 twelve chains each in front by two miles in length, running back 
 on the prairie, so I guessed as near as I could by the eye and 
 bv s'.j)i»ing it, to settle about what I would consider to be in 
 h1> uc the middle of the twelve chains, coming next after Joseph 
 Guudoii's claim with his stable on it. 
 
 3. The place I chose to build on was a high spot near about 
 Mdiere the new bridge is nf^iv built, and oi)posite where the lower 
 feiry has been running up to this fall. 
 
 4. I cut down trees and began building my house while my 
 family and self were living in a tent near by. I worked bard 
 iind got my house ready for covering, when I found that the 
 Goudons were angry about something, so I went to Joseph and 
 asked him to show me where his chdms reached to. But he told 
 me that he was not very certain till the lines would be run, but 
 that he thought I might be on one of his claims. I knew well 
 that I was not, but felt certain that the half-breeds did not want 
 me there, but I was determined to hold on to the claim 1 had 
 taken. I wis away for a while at Pembina about that time, and 
 when I got back from tlieie mv house was pulled down and most 
 of the logs taken away. !So then, as I wanted to do some trad- 
 ing, I thought it would be just as well to build out at the other 
 
•f^%t 
 
 
 would liiivt' 
 lie Fort iiiul 
 1 I10U80 ami 
 
 g luB l)0U8t.' 
 
 ) position of 
 igs, I ciinno' 
 1 lie built on 
 :t to Josc'ith 
 
 81. 
 
 5t of April, 
 
 et fortii are 
 
 I foi'got, to 
 ance. It is 
 nd near the 
 , and is now 
 I river bank, 
 . to Joseph 
 ) and barn, 
 his stables. 
 i-oomy for a 
 ilaims to be 
 inning back 
 lie eye and 
 iv to be in 
 fter Joseph 
 
 near about 
 •e the lower 
 
 ie while my 
 
 worked hanl 
 
 nd that the 
 
 Joseph and 
 
 But he told 
 
 )e run, but 
 
 knew well 
 
 d not "want 
 
 aim 1 had 
 
 t time, and 
 
 n and most 
 
 some trad 
 
 ,t the other 
 
 41 
 
 eni of my claim, on the road to Fort Oarry, wliich I did, as I 
 dtaioribed in my foriucn* deposition, and as it was g(jtting a little 
 Iftftt in the fall T hid to get logs to build with from some men who 
 WVre rafting oak logs down the river from Dakota. 
 
 5. ]\Iy buildings were solid and goo :1, bettor than any half- 
 breed buildings in that neighbourhood, and w«!re near the old 
 boundary |)OSt, as I fully intended, ou the other end and within 
 the two miles of the front of the claiui I had built my first upon 
 M I have stated. 
 
 6. I have often seen the placn where my house and stable 
 9tQ0d when I sold out to Mr. (Jlarkc The place is quite visible. 
 Til© last time I passed there, there were some of the Odk logs still 
 80 be sf>en, half covered with earth. The place where the cellar 
 VTM, there still must be a hole, and the whole place was, and 
 miMt bo still, surrounded with tall reeds, such as always spring 
 up around any old buildings or settlement in the prairies. 
 
 7. Joseph Goudon'sstables, on hiselaims between my claim and 
 hb dwelling house and barn were still standing, and occupied by 
 his cattle and horses, when I sold out to Mr. Clarke in the spring 
 of A.D. 1871, and were always occupied. He was very com- 
 fortable for a half-breed, and ha<l a good many cattle and horses, 
 and his house and barn, which were ou the other claim, next the 
 «0ale, were good and comfortable buildings, and he had a good 
 deid of fencing and cultivation on both his claims. The half- 
 bsoeds as a general thing did not fiirn) ratich of their land, but 
 ktptall the cattle and horses they could, and drank a good deal of 
 wMskey, when they could get it to drink. 
 
 8. Before building on the Red River the Hudson's Bay 
 Co/inpany's Clerk, at that time, came and also showed me where 
 to build my house, and baid tfiat no'oody would interfere with 
 me. The name of that Clerk T forget, but he was the head man 
 •of the Hudson's Bay Company. 
 
 /i*eo. Father Sinionet. — Letter 27tli January, 1881, 
 
 Extract of a letter addressed to Monseigneur Tache, by the 
 Rev. Father L. Simouet, formerly missionary at Pembina ; — 
 
 Manxinooki, 27th Jan., 1881. 
 
 My Loud, — The spring when I went to Pembina, that is to 
 Bay, in 1870, Mike Meehan was livin;*; to the north of the post of 
 the Hudson's Bay Company, about a mile from the Red River, 
 
 He was there still during the follow- 
 
 4NI the road to Winnijjeg. 
 
42 
 
 inj; wiiitor. [ cannot say wliethor lie was on tlio luiul ot tho (Jo.s- 
 
 selin's or of Goudon's. 
 
 (Signo.l) L. SiMOKKT, O.M.I. 
 
 Ottawa, 7th Fchnuiiy, ^881. 
 
 Tnio Coj>y. 
 
 (Signed) Alex.vndre, 
 
 Arch, do St. Bonifaco. 
 
 A idol an Collin. — Declaration Mtli March, 1881. 
 
 1. 1 know the land thosubjectof this application. It is uosv^ 
 known as lot number nine (9), in the Pariah of St. Agathe, in th<» 
 Province of Manitoba. 
 
 2. I knew well " Mik;" Moehan, an Irish mm who used to 
 sell whiskey near tbo old boundary post on tlio road leading to 
 Fort Garry ; wo used to call him ^^ le vieujo Bicuf AV/r," a.s lie 
 owned a large pair of black oxen, and we did not like him beci*.i?t? 
 he was very cross and ugly. 
 
 3. The year before the Canadian soldiers came to the 
 Hudson's Bay Fort the said Mike Meehan settled down ou the 
 west side of the river, about twelve or fifteen chains from Joseph 
 Goudon's house and just al>out where Mr. Winkler's house i.s 
 now, near the new bridge, only nearer to the river ; he cut down 
 wood and commenced to build a house such as settlers used to 
 build in this country, and wu did not like to have him so near us 
 because he was cross. One of my brother-in-law'a cattle was 
 badly shot and came to tho house wounded, and we suspected 
 Mike Meehan, which made us hate him the moro. Goudon and 
 myself had some tilk about him and how to get 
 him away from that. Goudon told rae that Meehan 
 wanted to know where his boundary was and that 
 he replied fhe did not know, but thought he might be on hi-t 
 land. A shor j time after this I went myseU and tore down his 
 log house when he was absent, and then ho went out to the other 
 end of the lot, according as we understood it at the time, and 
 built the house and stable which he occupied, and he sold whiskev 
 in the house that I have described on the roadside, till after th'.- 
 troops arrived. It was then understood that he had sold hi^ 
 claim and buildings to Mr. Clarke, the Attorney General, and ho 
 went away and built another house several miles further down thn 
 road where he kept a stage stoppiug place till he went away out 
 of the country. He was in full possession of the place at tho 
 time of the transfer and up to the time he sold to Mr. Clarke. 
 
 4. "We always understood that our claims were twelve chains, 
 by two miles each. „ „ . 
 
43 
 
 5. I know the lot of land, now Lot seven (7), which was 
 j»iv(Mi to my brother-in-law, Joseph Goiulon, by my father-in-law, 
 Joseph Larocfiuo, airl the buiUling which was on it. My brother- 
 in-law used the bail. ling, which was large, about twenty feot 
 square, as stables, and ho built another bu'lding, also for stabling, 
 on the same land and occupied thoni both for uiany years before 
 and at the time of the transfer and up to the time he soM the 
 same to Mr. Clarke. We all knew that the land and building 
 were given to the said Goudon by his father-in-law, and all the 
 family were aware of it. 
 
 THE STATUTE 
 
 under which this claim is made is 33 Vic, ch. 3, sec. 32, s. s. 3, 
 which says : — 
 
 "All titles, by occupancy, with the sanction and under the 
 license and authority of the Hudson Bay Company up to the 8th 
 day of March aforesaid, of land in that pai't of the Province in 
 which the Indian title has l)een extinguished shall, if required by 
 the owner be converted into an estate in freehold by grant from 
 the Crown." 
 
 This Parish of Sto. Agathe was a portion of the Province in 
 which the Indian Title it is said had " been extinguished," and this 
 legislation was designed '* for the quieting of titles, and assuring to 
 the settlers in the Province the peaceable possession of the lands 
 now held by them " (12th May, 1870.) 
 
 The Act had the eflfect of "assuring to the settlers" * * 
 " of lands " then " held by them," the '^ peaceable ]>o88es8ion" and 
 " the quieting of titles " to such lands ; and an " estate in free- 
 hold " if required by the owner. This section does not limit the 
 possession to a " lot," although the term " lot " is used in .section 
 31, but detines the holding as the "occupancy" of land, which 
 may mean more than a lot ; not likely to mean less. 
 
 1. The first question that present itself is : Had Clarke or 
 his vendor " peaceable possession " of the tract or lot of land in 
 question ? 
 
 2. To what extent is " possession" required of such " tract"? 
 How long is the possession required to be ] What is the nature of 
 the " possession " which entitles the holder " to a freehold " 
 under the Act ] 
 
 " Occupancy " or possession " is a wide word, and of large 
 application. In cases in the new territory in Manitoba almost 
 any actual locating on lands, combined with residence, must be 
 taken to have been "possession" or " occupancy" within 
 the meaning of the Act. I have no doubt Governments 
 in their dealings with the "settlers" in the Province of 
 
>i4 
 
 i 
 
 Manitoba have always viewed the question in a liberal spirit, 
 in faTour of the settler, and not adversely to him or harshly 
 towards him. This is evidently the spirit and the meaning of the 
 Act. The possession was to l)e '* peaceable." Michael Meehan had 
 no dispute with anyone, although he lived there for some time, 
 and presuming in hi« Ciiae as it has been, I suppose, in numbersof 
 othera that he held with the sanction and under the license and 
 authority of the H. B. Company his title would be complete, 
 There was no adverse claim when Clarke bought, nor for sever 
 years afterwards. There was no adverse claim fy led anywhere at 
 the time he bought from Meehan ; nor has there been any since based 
 on " possession " or any right or title in direct connection witli 
 the land. The opposition to the claim to lot 9 is simply denial of 
 possession, or of right. Tlie possession as far as it wen: was cer- 
 tainly " peaceable," as there weie no adverse claimant — no person 
 claiming adverse possession. There is no length ol time required 
 to bring per.sons in possession within the Act. All they needed was 
 to be in occupancy with the sanction and under the ]i(!ense 
 and authority of the H. B. Company on the 8th March, 
 1869. The gist of the contention now made, as it appears, 
 on behalf of the Hudson Bay Company is, as I judge from the 
 nature of the declarations put in on their behalf, that Meehan 1 ad 
 not *' peaceable possession " of lot 9 ; or had no', such " possession" 
 of lot 9 as is contempla'ed by the Act to entitle him to claiin 
 under the Act. There is no doubt he was a ** settler," and that 
 he settled on lot 9, and that he was in ])ossession on the 8tb 
 March, 1869, and on the 12th May, 1870, and on 15th July. 
 !*^70 ; but was that a\ \ 'ling as is shown by the declarations such 
 possession of lot 9 as brings him within the Act 1 To determine 
 that the evidence must again be briefly referred to. 
 
 Henry Joseph Clarke says : — 
 
 " That one Michael Meehan was settled on the i-ear ot the 
 lot of land now known in the Dominion survey as Lot 9, in the 
 Parish of St. Agathe, or in a line with the present front of the 
 said lot. 
 
 " That Meehan had a good log building erected on the huii 
 in question, and had been in occupation of the said lot and 
 buildings for two years before and on the 15th day of July, 1870, 
 and was in possession and occupation of the same when 1 bought 
 the same from him on the 28th March, 1871." 
 
 Joseph Goudon says : — 
 
 " At least two years before the 15th dav of July, 1870 the 
 said Meehan took up the land the subject of this application and 
 settled on it, built himself a house and additions and lived con 
 tinuously on the land in question. ■ 
 
 t'] 
 
iberal spirit, 
 11 or harshly 
 eaning of the 
 
 Meehan had 
 r some time, 
 in nurabersof 
 le license and 
 be complete, 
 nor for sever 
 > anywhere at 
 ny since based 
 nection witli 
 tiply denial of 
 wen: wascei- 
 ifc — no person 
 time required 
 5y needed was 
 !r the license 
 
 8 th March, 
 s it appears, 
 tdsre from the 
 ,t Meehan lad 
 . " possession" 
 
 him to ckiiii 
 |ler," and that 
 n on the 8tli 
 on 15th July. 
 
 irations such 
 
 To determine 
 
 rear ot the 
 jot 9, in the 
 front of the 
 
 on the land 
 said lot and 
 )f July, 1870, 
 len 1 bought 
 
 ly, 1870 the 
 Iplication and 
 lived con- 
 
 45 
 
 F*'That the said Meehan was in peaceable possession and • cu- 
 paldoa of the said land on the 15th day of July, 1870, and for 
 tt^e time afterwards, till he sold the said land and the buildings. 
 ip^it to the present applicant." 
 
 '• ' ■'- I 
 
 ■ David Goudon says : — 
 
 "That the said Michael Meehan settled on the land the 
 stl|nect of this application fully two years before the fifteenth day 
 of July, 1870, and built a house on said land and occupied the 
 aaiiie for some years, and fenced in and tilled and cropped a good 
 lot of said land. 
 
 " That the said Michael Meehan was in peaceable possession 
 alliii occupation of said land and living on it on the fifteenth c'.ty 
 <Mf|3ruly, 1870, and for some time after, up to the time when he 
 ^/t^ the said land to the [n'esent applicant, wlio ha.s owned it ever 
 Biiice." 
 
 F. T. Bradley says : — 
 
 *' Meehan had a good, ordinary settler'ii log building, in one 
 patt of which he kept a liquor saloon, and the other part was used 
 for living in. The building was about IG or 18 feet by 25 feet. 
 
 " I cannot positively say the exact location of the buildings, 
 but to the best of my judgment, and from an examination of the 
 maps of the surveys of the Parish of St. Agathe, I believe that in 
 a straight line leading to the Red River the building in question 
 irciuld be found on or in rear of lot number nine (9) of the pre- 
 sent survey," 
 
 Enoch Winkler says • — 
 
 '* That Lot No. 9, tho subject of this application, is and has 
 been known to me better than to any other person for years past." 
 
 And in referring to what Alexander Scott declared, he says : 
 " Either the said Alexander Scott must be blind, or he has de- 
 clared that which he knew to be untrue, because I have built on 
 the said Lot No. 9 and live on it, and I have been cultivating 
 between seven and ten acres of said lot during the past three 
 or four years. The impvovemenfcs on the said lot are worth f.bout 
 one thousand dollars, and are the property of Henry J. Clarke.' 
 
 Fortunat A. Ala.rtin, Surveyor, says : — 
 
 "I remember the remains of Mike Meehan's house. It was, 
 as the lines of survey then ran, on or very near the rear of Lot 
 2f^; but as the lines run since the survey of the Dominion 
 QHVerament it would be just on or very near the rear of Lot 9,^ 
 1^ findiag the land vacant of Lot 9, and occupied and claimed on 
 
4G 
 
 Lots 23 and 28, L fixed on Lot 9 as Mr. Clarke's lot under 
 Meehan'8 title, and so entered Mr. Clarke's name for it." 
 
 Mr. Martin also proves distinctly that Mr. Winkler lives on 
 Lot 9, and that there are improvements thereon worth from $800 
 to $1,000. 
 
 Joseph Goudon says : — 
 
 " Fully a year before he sold out his claim to Mr. Clarke the 
 said * Mike Meehan ' came with his wife and family and took up 
 land near me. He first drew logs and built near to completion a 
 house on the bank of the Eiver near to where Mr. Winkler's house 
 now stands on Lot 9." Trouble arose about cattle, and Ooudon 
 says further : ** So he stopped building at that point and went 
 away out about a mile and a half, more or less, on tho prairie 
 in a line with his first building, and built on the west side of the 
 high road then leading to Fort Garry, where he built a good sub- 
 cantial oak log house." 
 
 " Mike Meehan with his wife and family of several children 
 lived in the house he built on the roadside for, I am certain, over 
 H year, till he sold to to Mr. Clarke, and it was when I heard that 
 Clarke had bought him out that I thought I would try and sell to 
 Mr. Clarke also, which I did."' 
 
 " I have been over the ground within a few days past v/ith 
 Mr. Martin, the Surveyor, and others, and I pointed out the 
 remains of Meehan's house and stables. They were quite visible 
 — the cellar and a considerable lot of logs half buried under the 
 ground. The site is near and to tne north-west of the old oak 
 boundary post, which stands about seven (7) feet high. I cannot 
 be mistaken in the place. I know it well, and have been there 
 very often when Meehan lived there, and could see it quite plainly 
 from nay house ; in fact he was one of my nearest neighbours on 
 that side of vhe river." 
 
 I will not further copy the plaintiff's statements as to the 
 xjccujiation or possession by Meehan of the lots in question, but 
 will look at what is said to the contrarv. 
 
 Joseph Goudon says, in his ])retende(l declaration of 19th 
 July 1879 :— 
 
 That Meehan built " about three-quarters of a mile to the 
 north of thu northerly side line of Lot number nine in said 
 Parish." This is altogether too much, and must refer to the 
 .second building of Meehan, which he built after he removed, hav- 
 ing sold to Clarke ; otherwise it is probably untrue. It is not 
 reasonable, in view of all the established facts, about which there 
 >can bo no doubt. 
 
'^_: r/ri.. {:_ i_.-r^.^ a 
 
 47 
 
 He says also, •* said Moehan never lived or had any improve^ 
 merits on said Lot nine." 
 
 In view of what he said in his first declaration, wlien there 
 were no disputants, the above decUiration is not worth much. 
 He said Meehan " built himself a house and additions and lived 
 continuously on the land in question." 
 
 David Goudon is equally unfortunate in being against him- 
 self, although not so clear or explicit in his opposing statements 
 as in his first. 
 
 Richard Terrot says : " I have frequently seen the site of 
 said house, and it is at least one-half mile north of the north- 
 erly boundary of lot number nine (9) aforesaid." It is quite 
 clear the " site " could be seen as Terrot says, and if so, chen 
 the surveyor (Martin) saw it, and Joseph Goudon saw it and 
 pointed it out to the surveyor, and it would seem clear that the 
 survevor's evidence as t^ whether it was on Lot 9 or not is con- 
 elusive as against the evident guage work of anyone who 
 makes it three-quarters of a mile north of lot 9, and the other half 
 a mile. Since the location or site of the building could V)e 
 examined, surveyors' testimony is conclusive as against the uncer- 
 tain and clearly unreliable testimony of men who spoke for the 
 side which sought their evidence every time. The evidence of 
 Alexander Scott is too glaringly erroneous to make it worth any- 
 thing. It contradicts every person and every established thing, 
 and may be dismissed without further notice. 
 
 There is, therefore, nothing made out by the Hudson Bay 
 Company to throw any doubt upon the case of the applicant. 
 
 There was occupation, possession, a residence, a cul- 
 tivation and a living on lot 9 by Mike Meehan, and he sold 
 that lot, with the house, stables and improvements, and Ularke 
 continued, that possession, occupation and cultivation. This is 
 possession of the lot in question — " peaceable possession," on 
 the 12th May, 1870, and at the time of the transfer 
 (I5th July, 1870) as there was and is no adverse claimants, 
 claiming through possession or any other right only the negative 
 right that the claimant is not entitled. Meehan occupied, pos- 
 sessed, built upon, cultivated and improved the lot 9 sufficient 
 and more than sufficient to give him title under the Statute. He 
 improved it at both ends. 1 venture to say that thousands of 
 acres in Manitoba have been granted by the Crown under the 
 Statute in question on much less evidence of possession than 
 there is in this case. Take for illustration the extent to which the 
 equities of possession are carried under the Order in Council of 
 25th February, 1881, as to what may be termed " staked claims " j 
 without any other or any actual possession, and without any cul- 
 
48 
 
 tivation or improvements whatever — at least 45,000 acres are 
 allowed of that kind — stakes were put down at the corners of 
 lots, without residence, cultivation or improvements ; and such 
 claims are deliberately allowed by an Order in Council. Here is 
 one with actual occupation and possession — evidenced by resi- 
 dence, building, fencing, cultivation and improvements — for years, 
 and havins tenfold more strength as a claim ; and it should in 
 my opinion, with much greater force of law and facts supporting 
 it, be allow Dd. 
 
 I refer again to the view which, as I understand the prece- 
 dents in the Department of the Interior, cannot be disputed, that 
 " possession " does not merely j-efer to the actual land it may be 
 on which a house has its site, or to the actual land enclosed with- 
 in a fence, or the actual land ploughed and cultivated ; but to the 
 *' lot " or " tract " on which the house is situate, or on which a 
 portion is fenced, cultivated or improved. In this case both 
 principles apply. Lot 9 was built upon, fenced, cultivated and 
 improved. 
 
 JAMES BEATY, Q.C. 
 
 Ottawa, 29th April, 1882. 
 
 .\< : f'/', 
 
svea are 
 rnera of 
 nd such 
 Here is 
 by resi- 
 ►r years, 
 ion Id in 
 )porting 
 
 e prece- 
 ed, that 
 may be 
 3d with- 
 it to the 
 whicli a 
 me both 
 ted and 
 
 Q.C.