"fc^ ^/^, IMAGE EVALUATION TEST TARGET (MT-3) V (o {/ 4. /- »ani*'*w| '; REPORT. THE SPECIAL COMMITTEE to which was referred the Petition of WILLIAM LYON MACKENZIE, Esquire, Acting Executor to the Estate of the late ROBERT RANDALL, of Chippawa, Esquire, have the honor to Reports— dnl^f f ^fL*"- ""^ '^5''°*- *^ °'J^^''^ P^ ^^^'^ *'™« °« ^^"^'J *>« «parcd from other referred to them''' "" important questions involved in the Petition ..li^u ^^""^ '■^^I'Ju'' """^^ ^"'^ documentary evidence applicable to the case, and carefully arranged the same for reference. * The property claimed, as part of the late Mr. Randall's Estate, is of great value, and many persons are mteresied in the ultimate result of this inquiry. ♦».I°"'' Committee, at this late period of the Session, forbear to express an opinion: ,, JnrM*""^^ however that the Evidence, herewith reported, be printed for Ihe Se88?L "' ** *° *^ ^"'*^^ consideration of the subject next They also recominend that any further Evidence to be offered in the matter same is rSeiveT"' ^ '^"^ ^"*^ '^^^^^^ ""^^ ^' "^'''"' P"°**^' ^'>" *»"• The whole, nevertheless, humbly submitted. JAMES SMITH, 14th June, 1853. Chftirman. MINUTES OF EVIDENCE ADD PROCEEDINGS OF THE COMMITTEE. COMMITTEE ROOM, Saturday, WA April, 1853. MEMBERS PRESENT : Mr. Smith Of Durham; Hon. Mr. Robinson, Messrs. Christie of Wentworth Fergusson, Wnght of the East Riding of York, and Hartman. "'«°«'^orth, Read the Order of Reference. rri "'t!.i!.\.\.A .»aLU._— _ - ^ t jf Durliam, called to tli Mr. Smith Kcatl tho Petition referred. Mr. Mackenzie attended tlic Committee, and liaving opened Iiis case ; tn hv Tr °M " l''^' •" '""!'"•" ""l^^'- ^^'''''''^ '^'"'"^ «"«'^ docmnontH a« arc referred .21 Mackenzie, and in hw posscsaion, be received u'nd fyled, for tl.o fut..ro reference of tho Committee. . The following were then handed In, viz : — Ne^can'"'*^ ^''^^ent from the Crown to Robert Randall, of Lots 38, 40, &c., of Copy of Petition of Robert Randall to Lt. Governor, dated 23rd Sept., 1808. Plans marked A and B. Original Lease, &c. Robert Bell, Esq., called and examined, and states :— That ho resides in Bytown, on Lot No. 40, broken front Concession A, on the Ottawa. A large portion of this lot has been sold and bnilt upon, since it camo into the possession ot Messrs. Sherwood and Britton. This lot adjoins the principal lots on which are built the town of By town. Cannot say, without reflection, how many live on the lot. It is of great value. There are about half a dozen buildin-s on the lot in tho 1st Concession of 200 acres, but in Concession A the rrreatcr part IS built over by occupants, as town property. Tho buildings have abo^ut half of them been built since 1845; these are the most valuable. Knows that Mr. 1 irth 8 ongina tavern stand was on lot 40, Concession A. As to the maps or plans gled and marked A and B, considers them correct. Was aware when ho went to Bytown that the titles of this property were in dispute ; it was generally known that the claims were made by Mr. Mackenzie, acting for some other party. This dispute may have had some effect on purchasers, but very little. Thinks a notice was published, warning against purchasing this property, by Mr. Mackenzie, in IojO; this was the first I ever saw. Upon 39, Concession A, no improvements or enclosures were made by Mr. Roches- ter, except a small building erected since 1846. At present there are a large number of persons (labourers) hying in buildings of a temporary character, a greater part of which were erectecUvMthin the last five years; these parties had no particular liberty to occupy ; I look upon them as squatters. The land is owned by Govern- ment. In 1846, Mr. N. Sparks had a few acres cleared and enclosed, on the wes- terly part, adjoining lot 38.- On the part nearest the slides, several French Cana- dians resided in buildings they had built upon it. Mr. Rochester lives in the concession adjoining; his right to purchase lot 39, in the 1st, has been recoo-- nized by the Government; there could be no pre-emptive right in Mr. Rochester jwu ;'u "'^^'','°" ^} ^° ^''^ "°* °^°"Py ^^>« J"t in 1846. He has told me repeat- edly that he considered broken front lot 39, as belonging to 39, 1st Con. Knows as a surveyor, that this is not the case ; they are separate and distinct lots, in separate Concessions, and^ have no_ connection. I give this testimony as a survsyor, after having surveyed it under instructions from the Crown Land Department, in 1846 I am aware t^hat lot 39, Concession A, Avas for a length of time reserved for public purposes, and part of it now absolutely required for landing rafts and for the use of the slides. As to the value of this lot, I estimate it to be from 5 to £8,000. I laid it out in city lots in 1846, after the Government had decided on Rochester's claim • this was done under instructions from the Crown Land Department. Adjourned to the call of the Chair. greater Monda?/, 25 fh April, 1853. I'UEsnNT : and nfr&.uir^L'Z: ■'''""•""""■»"• «.rI..ieof Wo„,„„rth, re^„„„„. ovWc'^i- ''°"''° "''""'""'^ ""'' '"■'• '''f"™ 'I'O Committee further documentary Which WM received and fylcd, i,iirkcd (A) and (D) After being read as foUoweth :— n.&r:,-t;e:!;i„rs^ Yours, &c. &c. &c., R. BELL. J|„T:i'%or„TfLr.;T.rd'ttr^^ 1 have also seen a petition on behalf of Mr Tnlir, T^/^/,v,^o* • i . any of the si^^ners rSred to conlrl n2 °. .^^f"" ^r^''^'*' ^ ^« "«' l^<^'ie^'e cuL..„eethat.„u,dtCj;e1?.ur„;"L?r3l;';rr/dl"';:Lf^^^^^ ROBERT BELL. asLT^e-tttroVaXC '' ^^^ ^^ ^^--^ence. and not separate from it Ordered, That it be fyled as documentary evidence. ^' ^' inq^llfrTBpSrn^i'ot'^'; "\ ?T'' ^?"'^' ""f °^"^^' ^°^ '" ^eply to certain Cr^Sdr:,! tuS, tr r"L:S .f^he°l^ i°/ "■" t'?-?.''™"" "^ now before the Committee. reference to the lots in question, that are not Daniel McLachlir,, Esq., a Member of the House, called and examined :-. 1. What improvements, if any, had llochester made upon lot 39, Concewion A, prcvioufl to 1848, or previous to 1830, or to 1852, in Aurrust?— The first building on lot 30, Concession A, Ncpean, wns erected in 1837, by o Canadian, and ac- knowledged that he did so as a squatter ; and under the same circumstances many buildings have been erected since. I think there are as many as thirty families residing on this lot, in houses all of a temporary kind. I am uot aware that Ro- chester ever made any improvemeuts on this lot. 2. Are there any good buildings now on it t— There are none ; the best one would probably cost £50. 3. Were any affidavits given to Mr. Dune ia 1845, or at any other time, to prove that nothing had been on the lot ?— There were ; 1 have seen them. 4. Is the affidavit now shewn you, by Robert Reed, n true original ?— I believe it to be a true document. 6. Who had made affidavits to their being no improvements ?— James Skead and Duncan Stewart, who lived on the lota adjoining; there were others, but I do not remember them. 6. Did ycu purchase the right of a squatter on lot 39, Concession A ?—l did ; and was reported in possession by Clergy Reserve Inspectors Chitty and Koberts ; m consequence of which I applied for vho lot: other parties also applied. I afterwards abandoned my claim, as I knew the squatter, from whom I purchased, had not been in possession for five years. I subsequently offered the Government £10 an acre for this lot. 7. Did Rochester do any act to constitute ownership to this lot ?— He never did ; he claimed it as being part of the lot in the 1st Concession. 8. Was it known in Bytown when you came there in 1836, that lot 40 and its broken fronts were contested by Randall, or that the ownership was disputed in any way?— Some years after 1836 I heard of the dispute; I am not awi re that it prevented any one from buying. 9. Did Firth offer to sell you any right he had to lot 39, Ist Concession, or the broken lot, before he sold to Rochester ?— He did of the Ist Concession ; he did not pretend to have any claim on Concession A. I took his papers to a lawyer, and after their examination, concluded he had no right to the lot, and consequently refused to purchase. ' • ^^i^ ^y^^^ " y^""^ opinion as to the value of lot 39, Concession A P—It is worth, in a block, £2,000 ; if sold out in lots it might probably bring more. I would add, in reference to this lot, that the beach is necessary for the use of the slides, and a part of the lot for a canal. And then he withdrew. Adjourned till 10 o'clock, A.M., to-morrow. Tuesday, 2^th April, 1852. MEMBKRS PRESENT : i¥'';>?'"'*'*'^r*'*'f'""T!. ' ^°°- ^'■- ^-obinson, Mr. Hartman, Hon. Mr. Macdo- nald, MessrB. Wnght, Fergusson, and Christie. The Honorable George S. Boulton, a Member of the Honorable the Legislative Councd, attended the Committee. Mr. Boulton, by permission of the Committee, addressed it on the subject of the general allegations and matters contained in the Petition. Mr. Mackenzie was allowed to reply, by way of explanation. \rr. Christi The Crown In a; of his 1 Upper A pr of the J Did; dissent! 1. A Lands. 2. W Concess been. Is As to claim is lin ; 3rd. reus occi Council have alsc the Epis 3. Ar< cession li 4. Wl ever beer As to 39, the conjo: 1844, anc additional As to c eral affida he claimcc mised to 1 evidence < house buii for Rochei Joseph Ai To this J icession A, '8t building m, and ac- ncee many rty familitifl •0 that Ro- c best one Br time, to 1. —I believe Skead and It I do not 3n A?— I /hitty and 30 applied, purchased, overnment -He never 40 and its isputed in t re that it on, or the n ; he did a lawyer, sequently is worth, the use of '. Macdo- egislative mbject of Mr. I^oulton withdrew. The Coinmittco (leiiheratcd. Adjourned till 10 o'clock, A.M., to-m»rruw. mdimdajf, llih April, 1853. - . MEMnKns PRKSKNT ; Mr. Smith, Chairman ; Afr. Wri<>-ht Hon Xfn t? k- Christie, and Fergu8son. " ' ' ^^'' ^^"^inson. JSEcssrs. Ilartmnn, 1- Are you Commissioner of frown Laml<,? T o^ n Lands. " j^andsz—i am Cornnussioncr of Crown 2. What claimants have there been for lots -^0 In ♦l,^ i * o Concession A, in Ncpenn ?-As to 39 Tn ho t f V } • * ^r""?'""' ""'^ '"^^^ been, 1st. Kobert Han d all ; 2nd. Is ac 1 r • Vll . W '.""'i/'"", ^'"'"^""'« ''«ve As to 3Q Jn P«n„ • A , , ' ""•' •^'''^- •^"''" Kochcstcr. lin; 3rd. John Kochester^fomin d^^^^^^^^ 2ml. Daniel McLach- rous occupants ot the town lorXhror^ofl ?',"?*' ^^?«''«^^f*='-) ; 4th. nume- Council of Bytown ; oi^^r ^xl^^iS^^, advertised for ^ale ; and 5tl,. the Town have also been made ll hffis W "° '^'"^''^ ^'"'"^«" the Episcopal Church at Ji'^irn,'^^ tilt Kev. S^ S tron' " "" "''"^^'"^"^ ^- ce^o^^^ td 7r Li&!r b^^^^ ^^ ^^-' -^" « eon. ever-beent'lrsl'ln^irQC ^'''^^ l^^'''^'' - ^^-'-ster have As to 39, in the firs Concession thP^vTH'''"""^ n ^?' Concession A, NepeaupJ the conjoint Return of the g L"' Lsorr'? °^ ^^^ '"'' n^'- J'"^^^«^'«" e""«i«t« >'" 1844, and as this has never bS^n!^^J"'P'?V''■'' ^'^^^^^ '"^"^ J^'>'^e'-^'^ i" additional evidence qncst.oned ,t would seem superfluous to add any erataf^l\i'."«t^^^^^^^^^^^^^ UolV:^'''^'' °' ^'^^'^^^^^'^ P^--" consists of sev- he claimed if that tlipAL ^ . Permission to take stones and wood from it • that inised to him by occtams^1"Tlar''''*"°' '' ""f l"^' '^''' ''^^ -«« P«^d - pro- evidence of his^ssesKL^re aLavTorrr' /'" jY' ''''' , ^^^--'y direct house built, by Rochester of fLaS H i ^t'^'^f ^?^"''>'' *'>«* ^'^ occupied a 'if !t although a party to the conjoint Report by himself and Chitty, by which McLach- lin was returned as in posserisioi', addressed a letter to the Commissioner stating his opinion in favor of Rcchester, grounded on a claim through Firth, w)io however, as stated in tiie Order in Council, of 20-22 June, r846, never " pretended m any of his applications to the Government, that he possessed oi " desired to obtain it," and tliat <' therefore, the claim tO pre-emption set up by •' Rochester, falls to the ground '" 5. What evidoiice have you in your Department, that Rochester r.nd Malloch have not been in possession of these lots ?— -As to 39, in the 1st Conces- sion, there is no evidence that it is not in the possession of John Rochester. As to 39, in Concession A, the evidence that it has not been in the possession of John Rochester, consists of the conjoint return of the Clevgy Reserve Inspec- tors, in 1844; of the affidavits of Duncan Stewart, Donald McGregor, and of James Skead, Esqs. in 1845,— long residents on the adjoining Ic^— that they knew of no occupancy or improvements by him ; of the Petition of Daniel McLachlin, Esq. owner of an extensive milling establishment on the adjoining lot, and now M.P.P. for Bytown, in 1846 ; of the actual survey by Provincial Land Surveyor, Robert Bell, under instructions from the Department by Order in Council, in 1846 ; of the respective Memorials of the Merchants, of the Magistrates, and of the Cor- poration of Bytown, in 1852, which either directly or indirectly deny the occu- pancy on which the claim to pre-emption is based, and in the latter of which the Councillors declare the fcct to be patent to the whole community by " personal " observation and nuhlip, nnfnrip.fv" that tTiniA Jii n^ «< TrScIWa +v.;r,r,» tU,.*- „ — ^A i — observation and public notoriety 80 construed. that there is no visible thing'' that could be 6. What evidence have you in your Department of an> possession of these lois, or either of them by others ?— As to 39, in the 1st Concession, it was in the possession of Robert Randall by lease, from 1809 to 1821 : there is no evidence before the Department, that it has since then been in the possession of any other persons, than Firth and Rochester. As to 39, in Concession A, it was also in the possession of Robert Randall by lease, from 1809 to 1821; and since then, by the conjoint Return of the Clergy Reserve Inspectors, it was found to be in the pos'scssion of Daniel McLachlin, principally, and of Ozias Banning, and Louis Dorin, partially, by two shanties they had on it; and by the general testimony before the Department, and the admis- sion of the opposing claimants, Messrs. Malloc'i and Rochester, in 1852 ; it has been in the possession of about twenty fam'lies, -/iio have ^jatitioned to purchase the town lots they have occupied, since they were surveyed and advertized for sale. 7. Has Rochester had any possession that would give him a pre-emptive right ? My opinion on this h?ad is filly expressed in the Departmental Reports which are already before the Committee; and I have only to add, that in my opinion (though in this I may be mistaken) no person can acquire a pre-emptive right to any lol expressly reserved by the Government for public purposes, nor would improve- ments, even were they made, avail against such public reservation ; and further, there is no evidence of any occupation and improvement for five years antecedent to 1841_, on which alone any pre-emptive right could accrue under the Order of the Queen in Council, based on the Imperial Statute. 8. What evidence is there in your Department of lot 39, Concession A, Ne- pean, being required for public purposes ?— The evidence that lot 39, Concession A, is required for public purposes consists cf an Order in Council, of 24th April, 1833, stating it to be " indispensably necessary to tlie public sen ice" ; of a letter from F. P. Rubidge, Esq, to the Department of Public Works (being an engineer, in the employment of tliat department); of 13th September, 1845, in which he states that it_ should be withheld from sale " for Government purposes, otherwise " some land-jobbers will be getting it now and cause us to pay for it hereafter ;" of a 1< requin from t statinn indispc P.L.S. Works of the poses t ties of sible pc one Su on the < were as " strain " for th Report Russell on *•■ a 1 " the sl( In ac( of the n Governr tions. 9. Wl been imj question , 10. W sion A, li to questii 11. W ter than i Reports 1 12. Ha Firth, Ro Concessio pre-empti( •A, for whi ^ To lot 'c '& •^^'chester, and the rif sequent Oi ^ that lot ni y live right. To lot 3 ernment, ei investigatic Rochester. 13. How A, became the first Se; cil, in 1846 14. HoTv ch McLach- )mmi.88iuTer, i Firth, who 46, " never possessed oi I set up by md Malloch 1st Conces- Kochester. e possession 2rve Inspec- gor, ana of t they knew McLachlin, ot, and now d Surveyor, jil, in 1846; of' the Cor- ly the occu- f which the ■ " personal lat could be in of these was in the no evidence f any other Randall by the Clergy McLachlin, wo shanties 1 the admis- 852; it has lurchase the for sale. ve right ? — ts which are on (though t to any lol Id improve- md further, antecedent )rder of the ion A, Ne- Concession 24th April, of a letter m engineer, n which he otherwise hereafter ;" ^uilSlt^S;^" 184, stating that it wil, be from the Department of Public {Cks to f h . n . '^'^''^^ ' '"^"^ ^^ lexers stating that it should " be reserved VrpubUu^^^^^^^^^^^^ >,^«^5 «"d 1846, ind,spensable for the works then in pro"re s^ o Sl./^^ ^"'^'''i. f''^ ^.L.S.; of Daniel McLachlin, eL "aI V P , r ^T ^""^ ^^^'^^''t l^ell^ ^ Joj^ and of the respective MemSls oftlio Merc nms o^ZT^ f ^"^^° ot the Corporation of JVtown in 18o9 oil =fnf- .i ' *"*^ Magistrates, and poses to be' indispensable ; he Memodl oTlhJr'" ''''r^''^^^' fo° public'pur- tjes of the town tor water to wh cTtl posi ioS of Z^^^^^ *^« "^^«««i- sible points; and of the late official Renon ori ^ 11" '''^?''''' ^^"* ^^^^ ««ces- one Surveyor of Timber License^ ancUho ot? Q ''' ^^"'.''" ^"'^ MerriIl,-_tho on the Ottawa,-stating that U rCrvat on '^ ^^"P^""*^"^^"* of Public Wo ks were asked, is so indisp^ensable that ff rvve;^ " 1-''^^ '^^'^'"'^ '^'''' opinions " strained by a sen^e of duty to recomrnLrt^ they « would feil con- • for the purchasing o'" it ba4 aga „Tw^h l/asTeTntlr ''''t •^'^^"? '^^ '^^^^ Report from the Department of Public Work kLi T ^""/.^"^^'-^'ned by another Russell and Merrill ilso add the nece si^es ft \va teJ t 1 u""' '"^*'"*- ^^«««"- on ;• a high and rocky site." the shorP ^^ " .1 t ' °" °^ %town, which beinff ''the slope of land to'^heriU.nriro in 11^1''''!' ''' P^^^'P' '«"«'" an§ In accordance with such fes imonv the Cn ^ '^ ^' '' ^''^ ^^"*^«-" of the matter, made certain eserTauLs thu^alird "*;, "P'" ••^■^""^^' examination Wrnmental Reservations. Mr. MaEh t S^ttrurat^^^^^^^^^ been U^^:::!^^!^.!:^ ImoS^rToTi'-' Yu''^ ^«-- a, has question No. 4. ''"°°*' ■''-None, beyond that stated in answer to to question J^o. 5. ^ ^otnester or Malloch, has deen stated in answer Eeporla which are before thVCItte " "'"'"'^ '''■"" ""P'^^i in = Select Committee on , I Eandall, Esl JI P fZ T ^^f""'"^- "^ Executor to the estate of the late Bob. and broken fVont lot Wi .rtr^"""^' ''^'j"? *f !'>'No.40, in 1st Concessi. en nont lot ^o. 40, in Concession A, both in Nepean, Carleton Coun, April 2«h, 1853. Wm. L. MACKENZIE. jssioa A, Ne- S '\ w (A.) , Schedule of Documents given in evidence htj TV. L. Mackenzie, Page. No. 1.— Grant from the Crown in Nepean. (Copy.) 12 2.— Probate of Kandall's Will. (Copy.) 14 3.— Map of 39 and 40, Nepean 17 4. — Map. Part of Kennedy's plan of Bytovvn 17 5. — Nothing appears under this number in the manuscript 17 6. — do do do do 17 7.— Eandall to Judge Boulton, 1807 17 8. — Same to same 19 O.—Hon. H. J. Boulton, to Randall 19 10.— Randall to Judge Boulton 20 11. — Randall's Instructions to Rudsdell 20 12.— Agent of N. W. Go's, certificate 22 13. — Judge Boulton to Randall • 23 14. — Randall's petition for 40, &o .».....^ 23 15. — Registrar Sherwood's certificate 25 16 Mr. Moor to Randall 25 17. — Randall's Petition to Governor Gore 26 18.— Hon. G. S. Boulton to Randall 27 19. — Surveyor Sherwood to Randall 28 20. — Hon. H. J. Boulton's Memorandum ..^ 28 21.— Mr. Barrow's to Mr. Randall 28 22.— Mr. Lee to Randall 29 23.— Mr. Downes to Randall • 29 24.— Capt. LeBreton to Randall 30 25.— Randall to Hon. H. J. Boulton 30 26.— Hon. H. J. Boulton to Randall... » 31 27.— Randall to Judge Boulton 32 28.— Hon. H. J. Boulton to Randall 33 29. — Andrew Berrie to Randall • 33 30.— Randall's Affidavit as to secret Judgment...... 34 31.— Mr. Stuart to Mr. W. L. Mackenzie 34 32.— Earl of Dalhousie's opinion as to LeBreton purchase 35 33.— Certificate of Sheriffs Sale, lot 40 35 34._Governor General's answer to Randall's Petition 36 35.— Capt. Dickson bids Mrs. Firth retain possession of part of 40, Ne pean 37 n ce htj Page. 12 14 17 17 17 17 17 19 19 20 20 22 23 23 25 25 26 27 28 2S 28 29 29 30 30 31 32 33 33 34 34 35 35 36 37 No. 36.-Eandall to Dickson, about a defence . . . ^*f 38"~r'1 IJall^ousie's Decision to trial in Judge j;n;;j;'n;s •;;:;:;;;; % 38.— Randall's Affidavit, as to lot 40 . . 41.— Mr. Washburn to Randall, same question "." 4? 42.— Mr. Randall's title to Falls Estate . T 43.— Col. By to Mrs. Firth .'." *^ 44.— Mr. Sheriff Sherwood to Randan..'.'.*.*.',*.' ^^ 45.-Randall'8 petition, in Assembly, vs. Boul't'on f. 46.-Report of Committee, House of Assembly, 1828 *,**! 40 47.-Proceeding3 of Assembly's Committee, 1828 *" „ 48.-Bill No. 1, passed for Randall's relief .. ' .t 49.— Chief Justice Robinson to Randall *.".'.' ' t. 50.— Mr. Radenhurst to Randall .' * 51. -Lord Dalhousie to Mrs. Firth".*.'.'.'."'." ' "" ^^ 52.— Judge Willis to Secretary of State"!.*!!.','.*!.'.'.'.' ' "" !^ 53 — Ejectment Suit, 1828 ;!!!! " 54.— Capt. LeBreton's Valuation of lot* 40 l\ 56 ~lddr 1 'I'''' "^r^' A--biy*;;*Sbg*w;iH;m '!!!!!!!!! 11 57.-B1II No. 2, passed for Randall's Relief.. Z 58.-Votes on Bill No. 2, in Assembly l^ 59 — Randal to Secretary Mudge ' 60.— Governor Colborne's reply. ' ^^ 6l.-Mr. Bidwell to W. L. Mackenzi*e* ®' ''''~^''\%t:T:i:ti:T^ *° ^^ commi;'t'e*e**f;,';'R;nd'dr; '' «!'"~f/T^ ^°'''° to w!*L.*Mack*en2*ie*'!!!!!!!!!!!! «o 64.-Mr. Stanton to General Rowan f! 65.-Notices--Nepean and Bridgewater Estat^;*!!!!!!!!!! ' 11 6 .-Report of Special Committee, U.C. Assembly, 1836 gf 67.-Proceedingg of said Committee. ^* 68.-Mr. Waters to W. L. Mackenzie'.*.*.*.'.*.*!! H oy.— Same to same ' * **' 7o.-Biii No. 4, passed forR*Jnd'd;;'';iier!!!!!!!!!!!!!!! «q 72 lHrt"'/;"'"°? "^'^ ''' fi^-' to W- ^' Mackenz*;;!!!!!!!! H 7^.— Hon. R. Baldwin's Oy. ,., ^^ 73.-Judge Sherwood's AppUcatio^forA'^eHl'l's'l'a'^d **!!!!!!!!!! '" on ^4.— Judge Small to Mr. Gulp ^ 75.— Same to same " " ^^ 77.-Executors Notice-By town paper „.,.. ^^ 78.-Value of lot 40, G. Malloch's Evidence ...! l^ '9.-x>Ir. A. Stewart to W. L. Mackenzie o^ i II I i Francis Goue, \ Lt. Governor. } u No. 1. PROVINCE OF UPPlj^R CANADA. GEORGE THE THIRD, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, &c. To all to whom these presents shall come, Greeting : KNOW YE, that We, of our special grace, certain knowledge, and mere motion have given and granted, and by these presents do give and grant unto Robert Randall, of the Town of Cornwall, in the County of Storniont, in the Eastern District, merchant, his heirs and assigns for ever; all that parcel or tract of land situate in the Township of Nepean, in the County of C^Hcton, in the District of Johnstown, in our said Province, containing, by admeasurement, Five hundred acres, more or less, with allowance for road between the broken front and first Concession ; also, Four hundred and fifty acres, be the same more or less, being Lots number Thirty-eight and Forty, in the first Concession from the Grand or Ottawa River, and the broken fronts of said lots on the said Grand River. The broken Lots, numbers Ten and Eleven, in the first Concession upon the River Rideau. Lot number Eleven, in the second Concession, and the easternmost or front three-fourths of Lot number Ten, in the second Concession of the said Township of Nepean, together Avith all the woods and waters thereon lying and being, under the reservations, limitations, and conditions hereinafter expressed ; which said nine hundred and fifty acres of land are butted and bounded, or may be otherwise known as follows : that is to say, commencing in front upon the Ottawa River, at the North-west angle of each of the said lots in the broken front respec- tively ; then South, sixteen degrees East, one hundred and fifty-one chains, more or less, to the allowance for road between the rear of the said first concession, and the lot I, in the broken concession B, granted to Christian Wallaser ; then North, sixty-six degrees East, twenty chains, more or less, to the easternmost limit of each lot; then North, sixteen degrees West, to the Ottawa or Grand River; then along the water's edge, following the several turnings and windings thereof, to the place of beginning in each parcel of land. Also, commencing in front of the said first concession upon- the River Rideau, at the North-east angle of the said lot number eleven in the first concession ; then South, sixty-six degrees West, one hundred and fifty-six chains, more or less, to the allowance for road between the second and third.concessions; then South, sixteen degrees East, twenty chains, more or less, to the allowance for road between lots number eleven and ten in the second concession; then North, sixty-six degrees East, twenty-five chains; then South, sixteen degrees East, twenty chains, more or less, to the limit between lots number ten and nine; then North, sixty-six degrees East, one hundred chains, more or less, to the River Rideau ; then northerly, along the water's edge with the stream, to the place of beginning. To have and to hold the said parcel or tract of land hereby given and granted to him, the said Robert Randall, his heirs and assigns for ever; saving, nevertheless, to Us, our heirs and successors, all mines of gold and silver that shall or may be hereafter found on any part of the said parcel or tract of land hereby given and granted as aforesaid ; and saving and reserving to Us, our heirs and successors, all white pine trees that shall or may now or hereafter grow or be growing on any part of the said parcel or tract of land hereby granted as aforesaid. Provided always, that no part of the parcel or tract of land hereby given and granted to the said Robert Randall and his heirs, be within any reservation hereto- fore made, and marked for Us, our heirs and successors, by our Surveyor Gen- enil of Woods, or his lawful deputy, in which ease, this our Grant for such part of the Ian vey the void, ar Prov do with tsome pn The sail their o\^ or cause ! thence : Provi J and grai -'; and teni sale, con J or marri I or their J before sc ,; oaths ha % the said ; In def I Grant ar ] to be na ,'| granted, ' lis, our i any thin< And w I first year I' " Act pa J " making ^ "in Nor I .(: " Provini f " or efFec t" and ap{ ,, " said Pr ; that We : acres and ^ coiicessior Give 1 By commc 13 A. ed Kingdom &c. jrREETIXG : mere motion unto Kobert the Eastern ' tract of land le District of ^'ive hundred ont and first )r less, being he Grand or River. The ion the River isternraost or 1 of the said ;on lying and sr expressed; 2d, or may be 1 the Ottawa front respec- lains, more or 3sion, and the then North, most limit of River; then hereof, to the it of the said ' the said lot ;s West, one between the ' chains, more in the second then South, 1 lots number more or less, he stream, to f land hereby gns for ever ; jld and silver tract of land Us, our heirs r grow or be I as aforesaid. by given and ation hereto- rveyor Gen- • such part of I the land hereby given and granted to the said Robert Randall, shall, uDon a eur- vey thereof bemg made, be found within any such reservation shall ^5 and void, and of none effect, any thing herein eontLed iothJouir.^y'^l^i:^i:t Provided also, that the said Robert Randall, his heirs of assifms, shall and do withm three years, erect and build, or causo to be erected and b,^ n In^ , some part of the said parcel or tract k land, a good anT fffident dwilL The said Rober Randall, or his assigns, not having built, or not EL if W^t their own right lawfully possessed of°an house in our said ProvbL aKtheX , or cause some person to be therein resident for and during thrsnace of on«vl; . thence next ensuing the building of the same. ^ ^ ^ ^^^ 5 „J''°^^^^f30' thai: ifat any time or times hereafter, the land so hereby tfiveo I and granted to the said Robert Randall and his heirs, sha 1 come into thHofseS I and tenure of any person or persons Whomsoever, either by virtueTaiK^S^ J sale, conveyance, enfeoffment, or exchange, or bi gift, inS^ dLS^!v;f or marriage, such person or persons shalf within l^.hB^ni^TArSY^'l^ or their entry into and possession of the same, take the oaths p^cSbv W before some one of the Magistrates of our said Province; and a?erSte of sudl ;, In default of all or any of which conditions, limitations and restrictions this said . Grant and every thing herein contained, shall be^ and We herebVde lare the s*^« to be null and void, to all intents and purposes whatsoever, and the land hereby granted, and every part and parcel thereof, shall revert to, and become vested i J [ Us, our heirs and successors, in like manner as if the same had never been Iranted^ any thing herein contained to the contrary in any .vise notwithstandin"! ^ * first veafof Hi's Ir" t"' ""^'^^^ Parliament of Great Britain, passed in the thirty- <'llZ °^,^'^JI^esty's reign, intituled, " An Act to repeal certain parts ofJn Act passed m the fourteenth year of His Majesty's reign, intituled "An Act for ^«k.ng more effectual provision for the Government o'f he Provkce of Qnebec in North America, and to make further provision for the Government of the said <' fr Xf' '' ? "^^t'^^' " ^^''' "° g'-^"' °f ^«"d« hereafter made, shall be val d or effectual, unless the same shall contain a specification of the lands to be allJSiS and appropriated solely to the maintenance of a Proves ant CW^^^ harw'^r^"''' 'V^'^' °^*^^ ^^^^' '0 b« thereby grnted^Sfw^^^^^^^^ fe 1' ^ «*''' caused an allotment or appropriation of One hundred anLhirtviva acres and five-sevenths to be made in lits numbers two and seven k t£ Ch coucession from the River Rideau, in the said Township of Nepean. Given under the Great Seal of Our Province of Upper Canada: Witness Our trusty and well beloved Francis Gore, Esquire, our Sutenant Go! vernor of our said Province, this Twent^-fifth^ day of FeSarytt the of Our Reign ' ^"" *^'"''"^ ''^^' ^"^^^^^ "°^ °'°«' and S^-ninfh By command of His Excellency in Council. William Fibth, Attorney General Entered with the Auditor, 27th February, 1809. Fb. G. D. Selbv, Auditor General. .•? u\ u i/ii '■ 11!': l«nQ**'°*i*''?i,''"i^"7?^ P«'^ to t»^e Acting Receiver General, 23r(l February, 1809, under the Kegulatioaa acted upon the 6th July, 1804. ^' affixed '°**^''""®*^ ^^'"'^ " ^'oncession," being written bef|bre the Seal of the Province W. J. Im>0H8ED.-Grant to Robert Randall, 950 acres, Nepean, District of Johnstown. Recorded in the Rcg.ster'a Office, 27th February, 1809. Wm. Jauvis, Rerriatrar: No. 2. PROBATE OF MR. RANDALL'S WILL. Court of PnonATE, Upper Canada, City of Toronto, to wi it:j pROBATE of the last Will and Testament of the late -^ Robert Randall, of Willoughby, in the County of Lincoln, ^District of Niagara, and Proviuce of Upper Canada, Esquire, deceased. IN the name of God. Amen. I Robert Randall, of Willoughby, in the County of Lincoln District of Niagara, and Province of Upper Canada, Esquire, bein J weak in body, but of sound and perfect mind and memory, blessed be Almighty God for the same, do make and publish this my last Will and Testament, in man- ner following, that 13 to say ; First, I direct my bod v to be decently buried.-Item. I hereby appoint the Honorable John Walpole Willis, late one if His Majesty's Justices of the Court of King's Bench in this Province ; William Lyon Mackenzie, ?);il?T? °^ 1^°'^ ^""^'' ' ?'i°'"'^' ^^°°^"°^' «' ^"•'^•'^d' County of Oxford District of London, Esquire; and Jesse Ketchum,of the Town of York, Tanner Executors of this my last Will and Testament. I herebv authorise my said Exe- cutors or the majority of them, or the survivor or survivors of them, to sell or con- vey by deed or otherwise, a 1 my estate real and personal, for such considerations. ^n^n Tl '""' ^ •" '"^i" '"''°"^' ''' *'*'y '""y J"^g« best, and to compromise yrju ^ r^"r'"'"^^'°"?"*^'^^' they may tWnk best, any claim or claims tor debts due to or from me, and to leave the same to arbitration, if they deem it advisable. And the moneys which they may receive on account of debts clue to me or on account of the sale or sales of my said personal or real property, after deduct- ing therefrom so much as shall be necessary to pay debts; I herebv give and be- queath, in the following manner, that is to say :-To Maria Stark, a widSw, of Mon- treal, the sum of One hundred and fifty pounds, to remunerate her for her kindness and attention to me while I was in jail in Montreal; to a Canadian, by the name ^K -Kellonge, of Montreal, a shopkeeper, who also furnished me with money and necessaries, for which I gave him my note of hand, the amount of which not^ I cannot now recollect, but by way of payment for said note and in gratitude for his kindness, I give and bequeath to him the said Bellonge, the sum of Two Snr'lrlf^" ^*^^ r«T"5'iy "^.'"y ^'^^^^' ^f *"y' I ^^i«h divtdedinto ten equal parts, and disposed of m he following manner, that is to say:-To my daughter Dttriotoft-^'^'^^K^T'-'i ?"^P%^1^^ ''•''^' '^ I«-° Culp%f StamLd, r„ the District of Niagara, blacksmith, and her four sons, two-tenths shares of the whole, iw! „n /^^^^^^'*rc° ■\''%'?5^^'"'^ '^'^"^^^ ^"'1^^«'* four sons, share and SL ''^° Frederick Smith of Willoughby, aforesaid, farmer, and his children, S r'K^""^'/'^?'.'?'^f"*^ ^^'"•^™' ^'i^"" ^"'J CJcorge, three-tenths of the IS *V?f S^^^^^J^^l^^i^^i^^.^^ tJ^em, the said Frederick Smith and his said chudrea, Thaddcus, Maria, Frederick, William, Edwin and George, share and share :iJS alike; I of my i time of the said nephew be divic Lyon A forty, si timony the yeai Scale( Note. (Sign. (Sign( (Signe I, Rol and Prov of the T( Frederic) ton, after me from tioned L( that is to ■ Culp, an^ '. this one, i Plenry H I ship of H 5 paid by tl land, whi( is also a c of two loti Young, ai is agent. be divided explanatio ji Sealed, sip '; (Signed. ^1 Court of Upper ( CityofToi 15 Ird February, ' tho Province W. J. )f Johnstown. IS, Kegistrar. int of the late be County of ce of Upper 1 the County quire, being be Almighty lent, in man- ned — Item, lis Majesty's 1 Mackenzie, y of Oxford, ork. Tanner, ly said Exe- » sell or con- nsiderations, compromise m or claims hey deem it ts due to me xfter deduct- ^ive and bc- owjof Mon- ler kindness )ythe name with money which note ;ratitude for sum of Two to ten equal y daughter, ford, in the f the whole, , share and lis children, nths of the ind his said 'e and share f alike; to my nephew, Gerard Govcr Wilson, of Baltimore in Maryland Aho son of my half-brother Samuel Wilson,) and to his sisters tUt mayTe livU^ time of my decease, two-tenths of the whole, to be eouallt rliS Lv ^ .i the said Gerard Cover Wilson and his said 'sisters sWe and InrAl^ nephew, Kundal ^Vallace, one tenth of the who c • iJ.e remalnll . ! ' li ""7 be divide.1 between AVilliam Ilewston. livin° smnewhere in NovTln ' °" WMr *° Lyon Mackenzie William B. Wilson; Tl.onrHoorrr,"nd C^^^^ fcrty, share and share alike. Hereby revokin.^ all former willal!vmpmn,l„ T * timony whereof! have hereunto set my hand and earthT econd davof MarcVln the year of our Lord, One thousand eight hundred and twenty"nine.^ ' Q , T . , , , , , ROBERT RANAL. [L.S.] Scaled signed pubhshed, pronounced and declared by the Testator to be his last Will and Testament, m presence of us, who have hereunto sub- S? ^tir """ " ''^ P"^^"^^ '' '''' ^-*«'-' -d '^ tL Tesenco of Note.--The words " or the majority of them" first interlined. (Signed,) John Cawthra, (Signed,) Joseph N. Lockwood, (Signed,) Jno. E. Tims. I T T? I . T> 1 „ . , Grimsby Bav, Tout Colborne, May Ist, 1834. ' nnn P ''^ ^"ft""' of tl»e Township of Humberston, in the Niagara District - lfZ¥:Zl S^SS"f ^ do bequeath unto my da^ighter, JV^sSi^ Cu^; • FredericrsSr\ the said District, and Maria Smith, daughter S ' fnn nf? ' '^" *''° property owned by me in the said Township of Humbers- 4 meV^VhTSL'rr^^:" ^^^^' \'" f^r.'V^^^^y with all my accents comtg to I ?. T? ^''^^^^^al Company, to be divided equally between the two abovP m^n I Ztt tT""-\ -^'^^''r '^'^^''' °^ '^'' above\.en^tioned expensesrfor a w^on S .nfallleT.f /'^"^''^"* date, by the two mention^ed Legatees, t^Mr- ( th 7;ne? to em'in a i i7 V'^^ '"t'* '' 'i"' ^^"'' ^^'"^ Previously made to i Henry Hoornor 'Z L V J^'^ ^^^^^^oen also, a verbal agreement between I ship 7f Humberston h.\ '"'^'f'^'S ^ «mall tract of land, situated fn the said Town- ^ paid by the Is o Math on T? '"'^ 'V''- f''!' ''' '''''''y ^""^^^ P^^ acre, to be ^ an Ixy/^h T ^^^^^^^^ ''"'^ thousand eight hundred and thirty-five, for said ' iVS Tlfo'snS'' "^ ^^^r ^'^"f^^'*° ^^'''''' «""t^; DoctorVeter Howard explanation. ^ ^^^ memorandum, when forward, will give a full ^^ Sealed, signed, and delivered, in presence of (Signed,) Thomas H. Wilde, M.D., David T. Gary, and Thads. Smith. ROBt. RANDALL. [L.S.] ""Xp-'crnrat'^' "( B^4t!^.^-- ?\ th-c presents I, Grant Powell. Es City &oi.nto, tl wit : J and flS RSce"^^^"'^^^^^"' ^^-^^'^ -^^°"" °^-^-^«^«' " jpper Canada, do make known to ' ;ii 111' 'U iiri ; 1-1 16 •11 People, that on the dny of the date hereof, in the City of Toronto in thn Pro- vince af^oresa.d before mo was proved, approved and insfnuatcdtthe^^st Will a^ wToTk' •"•*,P°?|«'1 thereto, of the late Robert Kandall. the TowlS^ Willoughby, m the County of Lincoln. District of Niagara and iCince afoZid Esquire, deeea«ed. a true copy whereof is within written by me. ami ,00^8 wlWth^^ the approbafon and .nsinuation of the said last Will and 'i\>8t«ment" and Cod cU aforesaid, and committing the administration of all and sinpnlr 1 1 « „L 1 1 chattels, rights and credits which were of the said dLnscdrt e ime "f fi^^^^^^^ .Ton nf fl ''"'^""^ **^-*^° "'T"*«' calculations and reckoning Td fin 1 adrnt: «.on of the same to me IS manifestly known to belong: and administratilTall and wngular the goods and chattels, rights and credits of the sn l^nl!.. * ?? 1 n deceases, mentioned in his said last \^ill and Testamen ad C di cl.t omm" td to William Lyon Mackenz e and Thomas Hornor twn nf fl,„T?^l * , • SL.rniraydVo'm:;r perfect inventory thereof, and exhibitingthe same into the iCt^ar' gfficc of the .aid Court of Probate, on or before the last Xlonday in Ma^l nLt cnsdn.^ the til2''r\' ''f.r^^^PSJ^ true account, calculation and reckon in^t hereof when JJ Tr TtT?"^ \T"f • ^''^"""^"S '^ *^« Honorable John Wafpole Willi and L S A'''^r'/''' °''^'e'' ^^^«°»t«r9 named in the said last Will a^nd Testament the right hereafter to come in and administer thereto according to law ^^'*^'"'"*' In tefltimony whereof I have hereunto set my hand and affixed the Seal of thp the aaid Court of Probate, this seventh dav of June, in the year of Lord, One thousand eight hundred and thirty-four. ^ GRANT POWELL. Ja8. FrrzGiBBON, ^^^''''^ Principal. Registrar, Court of Probate. our County of Cari.eton Registry Office. ,™ rin f'S^'^^J ^^^'^^ *5^V" memorial of the within Probate of a Will, attested hv i John Edward Tims, of the City of Toronto, Physician, before J HPrt«{ I Commissioner in the King's Bench, as far as ;egarJs Tr al ?ate in JL Cou^tJ ^^ ^^^:^^=^,ft '-''-' -' thirtyiiri^„X7X.t GEO. T. BROOKE, Dep. Reg. County Carleton. .l^^^^^'^^y'^^^^fyiohaye received the within written documents, the eiVhth 27 at oroFiho otl/-'".,°' r ^'''' °"f *^^"««"^ ''^^' hundred'and thfrty^ Hnll Ll%.V ^^°''^.'Vi'^ forenoon, and the same is recorded at my Office in Hull, Book 3rd, pages 17, 28, 29, and documents 25, 26, 27. ^ JAMES F. TAYLOR, Registrar, County of Ottawa, L.C. M ito, in the Pro- e Inst Will and Township of i^incc aforesaid, ans whereof the It, and Codicil the goods and 10 of his death; id final admic • istration of all abort Randall, , is committed itors named in William Lyon ods and chat- ing a true and s Office of the st ensuing the thereof, when ole Willis and id Testament, t l>e Seal of the B year of our rrincipal. 1, attested by . 11. Price, a I the County d County, at nuary, in the Book No. 4, Carleton. 3, the eighth 1 and thirty- my Oflice in wa, L.C. If niPf I ^ river and the banks nf ♦!. i. .mmmnr--^ . ^ ch..« beW the E«ui;e";r£'„lS;^*" «?» "' L°' No. 39, runnbg .e„' I IK III Cl A'otf. . .ij'f't.rfk's 7<>ffr-i II f»,x.'{tJJi ^ iaJeJ tAus % an vii T« TV th af< eh Ml sic w de to th te; F •A da th to th 4 i j si ;ii; ( c t 3 six, at one of the clock in the torenoon, ana the same is recorueu m. u,y wiucc m Hwll, Book 3rd, pages 17, 28, 29, and docnlr.(,nt^ 2d, ?«, 2*. JAMF>S F. TAYLOR, Keg'.stvar, County of Ottawn, L.C ncl^ river a chains i 1 HI. Ill^ VJllH-U 111 Ottawa, L.C j,j,|| / river and the ^anks of the main, from the West line of Lot No. 39, runnlug ten chains below the East lino of Lot No. 40. N?^^ 7h/f £/'Aermrdp' 'fa/ as CWra-/ ^^ JW/l MAI 'HEWS l/TH li>/('i//Si^,!/f '// '/I Kf/Jff^ .JZ"je-_/ -^f'^'f /-//• Z //// / fl's , t^ieiteftft'//^ //vv/^z/j^A/// J'//w// /i '<:■ a i^/ a tVc »;e/f.c,' dei(a^e<'//. /j(? /J '/fs. j^/ne f^/' Jj im / t,y ^ 18 This, Sir, requires an explanation. There nro four small islands at or near tlio Chaudieic Falls, which lay so situated as to make them actually necessary to be procured for the purpose 1 have in view, which is to extend a dam, from the main bank to the upper islands, lyinjjf at the Falls, and taking the water between the main and said islands, for the purpose of a jurist and saw mill. The Ottawa liivcr is very narrow at the Chaudicre Falls, tlun-efore you will find the distance to be but short, from the main to the channel of the river, and the quantity of* acres which those Islands contain cannot exceed 20, but government not having it in their power to grant islands, makes it necessary to apply in this way, as government can make a grant in this way that will be as effectual as if the islands were expressed in the deeds, but should the broken fronts of Lots Nos. 38, 39 and 40 not be suffi- cient to fill my claim, you will please to lay the claim upon the broken front, let there be what quantity there may, and let my jjctition lay open for the deficiency to he laid in some other place. Provided that Lot No. 39 should not bo reserved for the clergy, and that Lots Nos. 28 and 40 should not be granted ; please to lay my claim upon as much of the fronts as the same will cover, compreliending the pri- vileges of the waters of the river, and bound by the channel of the said river as already described, provided there should not be broken fronts to the aforesaid Lots, and that 38 and 40 have already been granted, and should No. 39 be reserved for the benefit of the Crown, endeavour to prevail on government to allow my claim to cover it ; with the privilege of said waters and islands as described. But should government not allow my claim to cover No. 39, and should the said Nos. 38 and 40 be already granted, as likewise there may not be any broken fronts ; in that case take out a lease for me for No. 39, and endeavor to get a grant from the bank of the AVcst line of No. 39, running to the channel of the river, ten chains below the East line of Lot No. 40, to tlie main bank including all lands, which is those small islands. I have enclosed my bond together with my bondsmen, for the an- nual payment of the lease ; you will also call upon Captain Farquharson for my letter directed to Thomas B. Gauf, Esquire, who, Mr. Chewitt says, was at New York, and had not returned when he loft home. You will get Captain Farquhar- son to open my letter, favored by Mr. Ikn-ns to ISIr. Gauf, in order that you may get my certificate as having taken the oaths required by Government. Should Captain Farquharson not bo in possession of my letter to Mr. Gauf, please to call on Mr. Burns, (I think his christian name is William,) I had the pleasure to see him at Cornwall on his way from (iuobec to York, on the 8th July last. I enclose you a guinea, and, as I am informed that most of the landed business sent to your care is conducted through the different offices by your son, and further reasonable charge he may make shall be cheerfully paid by a draft at sight, or otherwise, in favor of any person in Cornwall. As Government is knowing to my arduous un- dertaking at the Bridgewater Works, near the Falls of Niagara, and my perseve- rance inlhis kind of business, I flatter myself the Governor in Council will be disposed to encourage me all in their power in commencing business at the Chau- diere Falls, on the Ottawa lUver ; it will be the means of settling the wild lands on that river, that is at this present a perfect wilderness, not one settler inhabiting the country : it will be the means of settling the lands upon that line of the Pro- vince, which I conceive to be much required. The fees required in getting out my patent, if in your power to procure one, I shall pay to your order in Cornwall on demand. You will greatly oblige me to hasten the business as much as in your power, and forward the deed anil lease by the first safe opportunity that may offer, as I am very anxious to get out my timber and build my dam before the freezing of the waters. I fully expected my letter woidd have found my friend, Mr. Gauf, in York, on Mr. Burns' arrival, and expected at all events to have heard from my business by you when last down at Cornwall Court, at my return from Quebec. The acquain- tance which I have had the honor to have with you, makes mc trust you will use your in wall mi D'Aiicv D ral. ear I ., at \ >■ towards ■fi 'nc by G $ laid my i ,m closed dr, 'M Inter thai >| will ])c v( I but shoul I have thci I at the pla 4 making n 4 D'AncY ] i p.s.-f lare grantc Dear Sii bn the Ott Hrs. Jessu -plicant. I referred to Avould not I land and m certify it. t' 1!/ b or near tlio pessary to be cm tlic main between the Htawa lliver i3tanco to be tity of acrca ng it in tlicir ernnicnt can !rc expressed not be sufli- ^en front, let deficiency to reserved for le to lay my ing the pri- said river as )resaid Lots, reserved for o\v my claim But should No3. 38 and ; in that case the bank of chains below hicli is those 1, for the an- arson for my was at New in Farquhar- hat you may ent. Should please to call Icasure to see it. I enclose sent to your er reasonable otherwise, in ' arduous un- my perseve- juncil will be at the Cliau- lie wild lands ler inhabiting e of the Pro- itting out my Cornwall on h as in your lat may offer, he freezing of ■, in York, on J business by The acquain- 1 you will use y^M nuu.t . JO feel itself under a sniuil coniphn.ent, iur having built the Church. Kclying apon your usual goodness, I subscriho myself, Your most obedient and humble Servant, -,, (Signed,) liOliEliT JIANDALL. D Alley iJouLTON, Esquire. No. 8. Mr. Randall to Jud^rc Boulton Lots in Ncpcan, [From Appendix (0 Jouniiils of Assonibly, U.C 1830 ] ral, at York, for £2 , .. towards the i)aynicnt of the fuc J^.ba., llali ax CuiTcncy, which you will please to api.ly .•s.^shouM a grant for 200 acres of Laid be mailV to mphy Government; but .houWM.^;^-! l^cr^ n^'l^;" t "ij^.^ '"" V" I -•■ fi^j Sir, with great respect, '■ Your humble Servant, B'AmvP 7^ • (S'Sncd,) ROBERT RANDALL. -U AncY LouLTON, Esquire. [arc^m;;^;'"^^ ^^ ""^ ^^ ^' S«-anted, please for to write me in whose name they No. 9. Hon. Henry J. Boulton to Mr. Randall. I P'rom Appendix to Journals of Assembly, U.C, 1830.] ' Dcir S;r T ... ^^^"'^J -^"^y 2nd, 1808. 'SLT,t^"^::Zlf''°'''^''', report what sort of ti.nb^r wa, on it 'they land and mX Z,h7 f \T ?°°'' "' "J «" """"^ respectable man to look it tho iCerSfy it ' ™"' '"'"'" » Magistrate what the timber is, or get a Magistrate to 20 Wu wrote you before, but wc BU])i)08cd the letter miscarried, now wo rcBume our old one. I have the honor to be, 8ir, Your most obedient Servant, H. J. BOULTON. I suppose you do not wish now to have your Petition presented, as cannot get the Lots you wished. My lather ia of opinion you may run your dam across to th»j Island without any apprehcnsiou of being disturbed. II. J. B. No. 10. Mr. Randall to Judge Boulton. [From Appendix to Journals of Assembly, U.C., 1830.] Cornwall, July 23rd, 1808, Sir,— I received a letter from your son, H. Boulton, dated July 2nd, informing me that Lots Nos. 38 and 40, first Concession, oi. .he Ottawa River, in Township of Ncpean, are granted, ai..l that some requisites are required before a lease can be taken for No. 39. But his saying nothing respecting the broken fronts adjoining to those numbers, which was the land I wished you to apply for, and to cover them by my claim should they not be granted, makes me suppose you have not under- stood the tcuor of my letter ; I have therefore empowered ray friend Mr. RudsdcU to act for me, in the business ; any assistance you can give him, will greatly oblige me. You will please to furnish him with my writings committed to your care. I am, your humble Servant, ROBERT RANDALL. D'Arcy Boulton, Esquire. No. 11. Randall's Instructions to Mr. Rudsdell, relative to Lease and Grant in Nepean. [From Journals of Assembly, U.C.— Appendix, 1836.] Mr. Randall's instructions to Mr. Rudsdell, in behalf of the business committed to his care at York. Mr. Rudsdell will please call at the Executive Council Office as soon as he may arrive at York, and inquire of the Clerks whether a Petition has been laid before the Council in behalf of Robert Randall, for 200 acres of land, agreeable to the regulations providing for settlers, and if so, whether the same has been acted upon, and what the decision was. Should Mr. Rudsdell find there has not been an appli- cation made to the Executive Council in behalf of Mr. Randall, in that case he will hand in the Petition which he holds, to the Clerk of the Council, and beg o the Clerk to immediately lay the Petition before the Council, and when the Council shall have granted the prayer of the Petition, Mr. Rudsdell will please to take the order from the Council Chamber to the Surveyor General's Office, then request the Surveyor General to lay the diagram of the Township of Nepean before him, i' 91 wo resume our OULTON. cannot get the 1 across to thu II. J. B. 23r(], 1808. 2nd, informing r, in Township s a lease can be •onts adjoining [ to cover tbem ive not under- 1 Mr. Rudsdcll I greatly oblige > your care> ANDALL. and Grant in ness committed soon as he may been laid before agreeable to the cen acted upon, )t been an appli- , in that case he icil, and beg of hen the Council [ease to take the ;e, then request can before him, and examine the broken fronts adjoining Lots Nos. .38, 39 and 40, bounded by tho waters of the Grand Kivcr at or near the Chaudi6ro Falls, and mark the letter K on tiie said three broken fronts, then lay the order in Council on the said threo broken frontH, producing his power of Attorney to the Executive Council as well us to the Surveyor General, as being legolly authorized to act for and in behalf of Mr. Randall. Should the Surveyor General object to his laying the order on tho said broken fronts, Mr. Rudsdcll will inquire how long it has been since they were granted and in whoso name,— should he be answered in tho name of Ephraim Jones, the Clergy of Upper Canada, and Mrs. Jeasup, Mr. Rudsdcll in that case will please to cull at the office of the Secretary of the Province, and there examine the Imes of the grants made of Lots Nos. 38 and 4^, and see whether tho Government has granted the said broken fronts with the Lots Nos. 38 and 40, but should tho said broken fronts be applied for by any other person, Mr. Rudsdcll will please to know the date ol tho application, and if tho application has been since the date of Mr. Randall s letter to Mr. Boulton, Mr. Rudsdcll will then ascertain why Mr Boul- ton has let my Petition lay over to bo superseded by another claim, and should ho discover that Mr. Boulton may have acted with interested views, he will then re- monstrate to the Governor and show my instructions and Petitions committed to the care of Mr. Boulton. Mr. Rudsdcll will explain to the Governor the suspense 1 have been kept m, and my object for wishing ray claim to cover the said broken tront, and that my views are to erect Water Works, such as Grist and Saw Mills, . and a 1 orge for making Iron ; that I have purchased from the Government of . l.ower Canada, lands opposite to the said broken fronts tho distance of four miles q containing an extensive body of the best and richest Iron Ore ; and as the said bro- ken fronts are bounded by the waters at or near the Chaudiere Falls, which admits ol a situation for erecting such works, and that the lands lying between said Grand ■I River to the River St. Lawrence, admit of settlement, which is not the case a dis- tance of five miles m rear said River on the north side Province of Lower Canada, for which reason Mr. R is desirous of erecting his works on the Upper Canada ^ side, at the Chaudifere iails, which will be convenient in his getting his Ore to his works. _ Should those fronts not be granted, and the Surveyor General admits of my claim, covering the broken fronts adjoining Lots Nos. 38 and 40, but objects to the cJaim covering the broken front adjoining Lot No. 39, as being reserved for the benefit of the Clergy, Mr. Rudsdcll will please to apply to the Governor and solicit the Governor to permit Mr. R.'s claim to cover the said broken front adjoinin^r l^ot No. 39, together with the grant of the small rocky clumps or islands lying in . *rontof said Lots with a line beginning from the north-west corner hne of Lot No. , ^^^''' January, 1809. Dear S.r,-T noknowlopo the receipt of your several letters, and am muoh morti- fied th« you should think yourself neglected. Your affair has been rcnoa e lly , before tlio Council, so anxious have I been on your account, that I have pcVsona ly J attended the (.ovemor, also the Chief Justice, out of Council, and exerted nv S personal mterest in your favour. Though you are ordered personally to a tend" J HtiU hope to got through without ; I am promised another hearing nexrCoimcil As to wnting. I have once or twice written to you myself; and John RoLson whom you know to be with me. has also written to thccaio of Mr. Co/ona-^^^^^^^ will go under that address by a gentleman I can depend upon. You mrrelv on I my exertions, and 1 think you will ultimately succeed. Tho certificates /ear« I very satisfactory. I was at the Council office yesterday. My o'llienry' aJso Ijyrotctoyou on tho reserve. The Council wanted an Jffidavft Ttho sSes of f timber on the Lot-tho reason of which is cvident-that where, on the banks of I our waters, wo have either oak or pine, they reserve them for tho navy, &c Yours most faithfully, OBE-T Randa,.,.. E.q„iro. . ^'^'''"^ BOULTON. Ottawa liivcr. JonVnl?ll,!!T *'' "???'° ^'^^ ^""'-^ ^°^^" ^°''°''° 'o^^'^tion, shall consequently draw |0D you tho moment I have certainty of buccoss. ^ IRc n Nepean. Uper Canada, lobert Randall, of the Grand f Nepean, and uct the passage from the main I Governor and n any manner, rand or Ottawa of October, in V^RAY, , N. W. Co. No. 14. ^ Petition of R. Randall, for Lands in Nepean. ^^° ^"iw'r'^ Francis Gore, Esq., Lieutenant Governor of the Province of . upper Canada, &c., &c., &c. I In Council. \in^^n??f '°" n ^'^^^'•t ?=*« Ja". Of Cornwall, in the Eaatern District of the Pro- vmce ot Upper Canada, Merchant; * ^ Humbly Shewetu: ; That Your Petitioner has been un inhabitant of the Province of Upper Canada •ince the year 1799. has taken tho Oatl- of allegiance, &c., and has no^r received #ny land or order for land from the Crown. ^t-t-eivea 4^vSimfr'.!'f ^''"' ?t!!^^^"'V P'"'7« Your Excellency will be pleased to grant him .^vo hundred acres of His Aln-osty's waste lands as a settler, and to permit D'Arcv &T''Tm'''^^°'''',^'^"""^'*^^'*^^"'^ Attorney to locate said land in the *ownship ot Nepean, and receive the Patent when the same shall be completed wno engages to attend to the same agreeably to the existing regulations. And Year Petitioner will pray, &c. (Signed,) ROBT. RANDALL. Signed before me at Cornwall, this 23rd day of September, 1808. (Signed,) J. G. COZENS, J.P 24 m I certify that Robert Randall, the above Petitioner, is the person he describes himself to be, has taken the Oathof alleg. ncc as prescribed by Law, and to the best of my knowledge and belief has never received any land or Order for land from the Crown. Given under ray hand at Cornwall, this 23rd day of September, 1808. (Signed,) J. G. COZENS, J.P. Endohsed.— The Petition of Robert Randall. Received 1st November, 1808, from Mr. John Robinson. (Signed,) John Small. Lt. Governor's Office, York, 8th November, 1808. Referred to the Executive Council by Order of the Lieut. Governor. (Signed,) Wm. Hatton, Secretary. Certified, \Vm. H. Lee, Actg. CE.C To His Excellency, Francis Gore, Esquire, Lieutenant Governor of the Pro- vince of Upper Canada, &c., &c., &c In CouNciii. Petition of Robert Randall, of the Town of Cornwall, in the Eastern District of the Province of Upper Canada, Merchant ; Humbly Shewetu: That your Petitioner has been resident of this Province ten years or thereabouts. That he was the original Proprietor and Builder of the Bridgewater Mills, in the District of Niagara, being the first Mills in this Province that manufactured Flour for the European Mcrkets. That he was the Contractor for, and built the Church in the Town of Cornwall, whereby he sustained a considerable loss. That your Petitioner took the oath of allegiance to his present Majesty on his becoming a resident of this Province. Your Petitioner, therefore, prays Your Excellency, in Council, will be pleased to grant him such a proportion of His Majesty's waste Lands as Your Excellency, in Council, may think meet, and your Petitioner, as in duty bound, will ever pray. (Signed,) ROBT. RANDALL. York, 20th February, 1809. Receiver General's Office, 23rd February, 1809. Mr. Robert Randall has paid into this Office, Forty-five pounds, eleven shillings and seven pence half-penny, HaUfax currency, equal to £il Os. 5d., st.Jiing, for Patent Fee on 1000 acres of Land, granted by Order of Council of this day, under the Regulations of the 9th January, 1804. (Signed,) P. SELBY, To John Small, Esquire, Clerk Executive Council. Acting Receiver General. Robert Reoistei I herebj from Robe jffice afFec bhe sixth c 3f Nepean jfLotNo. Sir,— 1 1 3haudicre '. bis place ; .laving som( tat you wc nefit. Pi liich things «»use to lea' ay hands, d t eater part imuel Ben ilksire you t tile same foi Read in Council, February 29th, 1809. The Petitioner recommended for 1000 acres of land, under the Regulations of Nepean, the 6th of July, 1804. ^ ^, . ^ ^ (Signed,) THOS. SCOTT, Chairman. ^5 i' he describes ', and to the f for land from 108. ENS, J.P. ember, 1808, Office, York, of the Lieut. [. Lee, Actg. r of the Pro- rn District of HEWETH : )r thereabouts. vater Mills, in manufactured 1 of Cornwall, klajesty on his will be pleased ir Excellency, will ever pray. A.NDALL. uary, 1809. sleven shillings 1., Stirling, for this day, under irer General. 29th, 1809. Regulations of Approved. (Signed,) FRANCIS GORE, Lieutenant Governor. Robert Randall; Referred to the Executive Council. (Signed,) FRANCIS GORE, Lieutenant Governor. Certified. WM. II. LEE, Act. C.E.C. No. 15. [Prom Journals of Assembly U.C., 1836.] Register Office for the Counties of Leeds, Grenville and Carleton. s . Elizabethtown, 5th February, 1811. t I hereby certify that no memorial of any deed, conveyance, or other incumbrance Wn R^rt Randall to any person whatever, appears ristei^d in the BoSoJ^s l^ce affijctmg the fblWmg parcels of land, that is to say. Lots Nos. 10 and 11 in tf Clnn °"tTS* °\ 7-'""u ' ^'"K" ^"*'' ^°^- 10 ^"d 1 1, in the first concession InnfTJ m-^ ^u' ^^ '"i^" '''°".^' ^"'^ '^^ easternmost, or front, three-fourths Dt Lot No. 10 in the second concession of Nepean. LEVIUS P. SHERWOOD, Registrar. No. 16. Mr. Moor to Mr. Randall. [Prom Journals of Assembly, U.C., 1836.] u!!"^"^ ^^''u ^^''u- ?".* i° peaceable possession of the place at the foot of the ^haudicre Fal s, wbch belongs to you. Sir, by John Torry, late agent for you at «.s place; and he having absconded from tins place to the United States and 1 Inefit Prnl^^- ? """ -^ ^'"'' "^ otherwise, how I am to dispose of it for your Eo^ *i- ^'°7^'"? I remain on your place, I will take the best possible care of J h things belonging to you which are entrusted to my care; but^if I hould see JfrhandT/'"? '""' ^ ""^ '' ^"°^^ °^y°" ^'''^ -- '' d'«P««« of things a Seater mrfn *° ""' ? ^^"' ^'""^''^y' ^ ^^" "^«^^'«^ '"^^^^ you that the E!^:fni^R !-^°"'F''Pe''*^ ^ere was deposited by Mr. Torry, in the care of IsTretu'Jo tf ' """• f'^' ^'^^" ']''''' r ''''^' ^'-'•^^^f those thTngs, I # same for vou ""' ^'^^ "'' '"' credentials as will enable me to secure * T O- 5 1 am. Sir, Your most obedient and very humble Servant, Nepean, 12th March, 1813. ROGER MOOR. , Chairman. "*~ m 1% I I I' M i I I i I No. 17. Petition of 11. Randall to Lieutenant Governor Gore. — Lands in Nepean. [From Journals of Assembly, U. C, 183G.] To Hia EcexUency Francis Gore, Esquire, Lieutenant Governor of Upper Canada, &c., &c., &c. The Petition of Egbert Kandall, — Humbly Sliewetli. That in the month of February, eighteen hundred and nine, Your Excellency in Council issued your warrant for one thousand acres of land in favour of your Petitioner, the patent and survey fees being duly paid to the acting Receiver General, on the 23rd day of February, 1809. That your Petitioner only received a patent for 950 acres, reserving 50 acres of the warrant for a future location, which your Petitioner intended might cover some rocky chasms, which properly belong to the broken front of Lot No. 40, in the first Concession, on the Grand River, in the Township of Nepean, District of Johnstown, which said Lot bears a portion of your Petitioner's location, out of the nine hundred and fifty acres. That your Petitioner was directed to obtain a certificate from some sworn Surveyor, or neighbours near the Chaudiere Falls, that he and they could walk, in the dry | season, from Lot No. 40 to the rocky chasms and not wet their feet ; in which case the said rocky chasms would be considered part of the broken front of said Lot, and the fifty acres unlocated were to cover the rocky chasms and the intermediate space therein contained. But at the return of your Petitioner from this place in March, 1809, to Montreal, he fell a victim to the sharpest persecution, \ and was unrighteously imprisoned for debt, and in close confinement to the 13th of last month, which not only prevented your Petitioner from obtaining a certificate relative to the rocky chasms, which he could have done with much ease, but also from prosecuting his establishment at the Chaudiere Falls, in the Grand River, which as well as the property which your Petitioner had sent on, to the amount of five hundred pounds, as a commencement in his business, entirely perished as soon as the late War was declared by the American Government against Great Britain. Your Petitioner would have proceeded to his place at the Chaudiere Falls for the purpose to obtain the relative certificate after obtaining his enlargement, but his debilitated state, and the fast approach of winter, made it requisite for your Peti- tioner to proceed to this place, from thence to Niagara, in order to look after his property in that part of the Province ; and your Petitioner now conceives that he j hi ' ' he woul Cornwal Petition( cannot b accoramo Falls. . says, he 1 season of considere I the same |tion is to Your Exi i sufficient, be issued Begiiin loftheGr; jthe upper ithence to unning w [down the i ixtreme pi [a small oal umber fo; idge, folio ivith all th And, as ''ork. Up] fr. Rand I i ir. has the tacit appi'obation of those who wei'c his adversaries, to proceed in makinc his establishment at the Chaudiere Falls, on the Grand River, by their granting him his enlargement, and ottering him their friendly assistance. He also flatters himself that his long and sharp sufferings are considered by those whom he viewed as enemies, to be an ample atonement for their unonvied and friendly return of feel- ings. And as your Jiixcellency maybe well informed of the great utility your ' Dear S.., Petitioner's establishment of the Bridge Water Works, near the Falls of Niagara, ; dly imposs were to the prosperity and growth of that part of the Province, he hesitates not, tc < fr. Jarvis 1 say his establishment at the Chaudiere Falls, on the Grand River, will be of equal, Jttention to if not of superior importance to that section of the Province. Your Petitioner can with truth say, that his Bridge Water establishment at Niagara, gave a spring to the agricultural and mercantile interest, not only throughout the District of Niao-ara, but the Province at large; for your Petitioner was the first person who manii fiictured Flour for exportation in the Province of Upper Canada. Previous to your Petitioner's establishment at Niagara, both farmers and merchants were so circumscvibcd, a® to be of little service to each other. His mercantile establish- ment at Cornwall, in the Eastern District of this Province, is also known to have been a growing benefit to that place ; and had envy not overtaken your Petitioner, r Mr, Jar\ guineas The busin car, when » id exert hii 27 — jj ids in Nepean. jrnor of Upper ir Excellency in favour of your ictinff Receiver 2r only received future location, which properly on the Grand said Lot bears a ty acres. That n Surveyor, or ilk, in the dry t ; in which case nt of said Lot, he intermediate oner from this )est persecution, it to the 13th of ling a certificate 1 ease, but also le Grand River, the amount of perished as soon t Great Britain. Lidiere Falls for rgement, but his e for your Peti look after his )nceivcs that he )ceed in making 1 their granting He also flatters vhom he viewed y return of feel- eat utility your alls of Niagara, hesitates not, tc will be of equal, r Petitioner can ^ave a spring to trict of Niagara, ion wlio manu- a. Previous to chants were so intile cstablish- known to have '^our Petitioner, Petitioner considers to be part o hj-brokon l?i t f T ; "^ V '''"^"" ^^'^^'^^ your cannot be of the least importance eith-rfn cT ^* """?^f ^"''^J^' «^'« "«t or accommodate your Petitioner k. est.b i. hino- ll '!]""' u' "•' ^"^^'^'^^^l^, except to Falls. A young gentleman w ho a "f IhT '" ''"''"'if '""' *^'« ^^^•""'^'^re says, he has hinTself stepped from Lot n mS- f ""^f P^ctedly, at this moment, season of the year, and 1 d no rct£footr\.[^^/",*'^' ^^'^^»^^' i" the Avy iconsidcredas Vofthebrdl roV^^:^^^^^^^^ '%''""'^^ the chasms should be Jthe same before Your Excellency hot ^ vou" -n-'7' •'^"^> ^'"'"" *« ^^^'^^e «tK>n is to be relied on, which your iCti toL^r^rnl in ''''""I'^'i^"*^ ^'^ '^^^''^'■a- Your Excellency of the nronSv J\^^ f ^^'^^ ^° 1'''°^^ sufficient to satisfy sufficient, your PetitionerXt L1 "^^^^27'' l!^' '''' '''^'' ^^ P^^^ be issued in the name of your Petitllrirfdlows l^"'"'"'^^ '' ''"^'^ ^ ^'^^ *«> Ithe upper extremity of the fourth chasm tn^ !»rty-n.ne and forty, and to run to ihence to the extreme point ri^i^^^S^'J^!:;? *° '\' """'^^^ ^'"^f* ^^ ^*' ^-^"^ Jrunning with the margin of said^cha n^^ U^ '""?'^'f ''T' "* '^'^ ^^^"^ ^«"» Idown the stream to tl^ lower endT^xL^te ^^iJ^^ % '^'^ ""'^^ ''^' ' *'>^"<^^ Textreme point or lower end of chasm number Ln^^^^^ ff ^'™' *^''°'^" *^ *^« k small oak tree or boundary mark in the nor h L r"V u"'*^ '" ^ ^^^^"^ht line to Umber forty, at the water's ed'e of t e GranV?r 't '''' '"^^ ^"'« ^^ ^ot edge, following the several turnings and wind n. J 'V /^^"^^^vith the water's ivith all the intermediate space 1 erein con nfnpf T-^' *°f;" P''^^^ ^^ beginning, And, as in duty bound, ,'our Sirr^retr^S::"-" ^''^ ^"" "^°^« ^ ''^' ork, Upper Canada, November 2nd, 1815. ' ^^^' No. 18. ^ r. Randall's Suit at Law to re«)vcr^I)ama,^es relative to Niagara Falls Hon. GEonoE S. Boultox to Major Randall. [From Journals of Assembly, U.C., 183G.] I Dear Sir V i .. , Bkockville, 7th September, 1816. vo guineas as a retainer. ^'°^ ^^^ g»ve him 'ill exert himWfcVoi In htte °' ''° '^™"^' ^''- '''""'' ^ ™ =«re. Yours truly, G. S. BOULTON. '28 No. 19. Lands in Nepean. IFroiu Journals of Assembly, U.C., 1836.] Sir,— Yours of the 2'5fh V«, u , ■^^"'^"' ^^th December, 1816. ehallvisit the lot in question, a,,daicertI^?Z I °* .J»»'.""J'' »» wliicii time I *otch„„dcenifi.ato%„doi,;;tr/ri^aor,:t?S:t";o";'' ""'"" ^'"' » I have the honor to be, Sir, " Your most obedient Servant, R. SHERWOOD, Gr. S. BouLTON, York. Deputy Surveyor. No. 20. Niagara Falls Estate.-Boulton ; Attorney. Th. ^.u\ . L^^^'^^'^ Randall vs. Elijah Phelps 1 dispuTbtltrthe^^t^^^^^^^^^^^ *^« --'^eraiion of the subjeet in ey, the Counsel for the DeSrnt^'.u es /br'"^,^'"*^"^/ '"^^^^'^"^^^ I^^^rsd- , between his client and the pSS S^o^ ''^'°'? f ^ '"PP^^^^^ ««»tr«ct in tlie pleadings of this cause ^K McCulSy T'k t^\vremises mentioned | Mr. Randall, objects to, and because ^ev"S ''^'°^ ^'' ^°"^^°"' Counsel for ' jectionablelo either party ^ *'''°°°* '^PP^'"' ^° "'"Pire who is unob- 3l8t December, 1816. H. J. BOULTON. No. 21. Mr. Barrows to Mr. Randall. [From Journals of Assembly, U.C, 1836.] ^,V i-T • 1x1 . Long- ASH Estate, Nepean, Anril '>7fb isie I thM^of K'^rra^f: &j ttS r >? «™^ Kivt 4 is No. 40 belong, to you, T have faCX iSv ^J ti°VT^'°'°'"« '° ?'"'' "'"'«'' 1 are d.,po.ed to part with it. and on what ter^f ^^^^tlJe? '" ^^ ''^'"i I remain, Sir, ' Your very obedient servant. Major Randall, J. BARROWS. Little York, or elsewhere, Canada. Mr. Ri your situ: of an ans to make i pected yc dependinc been suc& intended 1 quick as p you are in acre or t\v If you fee we may cc my letter i I have tak River, whi the Chaud It is your i time to ere Would be g Mands relai forward yoi hy your sp< fearful my ] fm^m 29 sceraber, 1816. shall with plea- it. which time I (1 enclose you a WOOD, utj Surveyor. f the snhject in lat Mr. Bearsd- 'posed contract ises mentioned >n, Counsel for who is unob- 27th 1818. nd River, in mine, which know if you RROWS. ]\o. 22, Randall's 1000 Acre Grant'.-M:. Lee to Mr. Randall. Dear Sir -The dat Th ""' "'" '^'''"^''^' ^-^" '"'''^ I grant of lobo, is 5th Sep'teLber'^^rs/g. ^'"°''^ *° ^"'"*° ^« ^''''> to complete your Youra, R. Randall, Esquire. WILLIAM H. LEE. No. 23. Mr. Downes to Mr. Randall. [From Journals of Assembly. U.C 1836 ] Mr.Randall:''sr-l'dirr^^^^^^^ 7th February. 1819. youraituationonthe'GrandChru 4/^^^ *« Jo- lasf fall about of an answer; when I had the nW^^l e ' • ^^''""^ ^ ^^^« "»* had the pleasure to make speedy preparSa tot a - UircSt^^^ ^'" '^'^' '' ^' ^^^ ^'Sd pected you would have commenceTwevLusTn t^' '^ T"'"''"'^" ^"«i°«««' and ex- depending, has terminated in your fCrshonk/ V^T'i your lawsuit you had been successful, as I apprehend vm,ro!?T ^ ^^"^'^ *» ^earn if vou have >nl.nded to make last ^a'r-Tfvo'^ld be „" d^^^^^ '^^^ '? P^^^^"*^^ *h« -^^t you quick as possible, ifyou would dispose of anv^^^^^^^^^^^ to inform me as you are inclined, I would beo- leave to off/r IT ^u"' ''''"'^ ^^°^« mentioned. If acre or two, immediately on ?he Point \^J- ^''it'''^ f '""^" Po^t^O", say an If you feel disposed, wo'^.ld thank Tou oTnfof r^i ' if "^'^^ P^^^^^^^^^ ^^ ^«te " we may come to an understanding ^InZ fj''"'."'^' ^'^h your conditions, hopinff »y letter from, but the situation loes nonsuit r«r uT' .^^f''^ I have directed I have taken a large concern at the f ant nil t ° '^f ^°'' ^"«'"ess as one above. River which will be a place of cons^^er.lL f V"° ^f ^'. ^^P''^^' i° *he Grand he Chaudi6re, in orde? to esJablhh . .n •"'^^' ^"'^ '^°"'d hke a situation ou ;t IS your intention to comply^ p te wr^^^^^^ Upper Country ; K time to erect a Store for [he Durnorlf 'P^«*^'^>'' that I may not lose an, would be glad you would give m^e t^nr?viw7'"^"^ ^""'^''^ °^^* ''^'^^> S wands relative to that place, you wotddCshf^ T "" ^° ' ^^J"" ^^^« ^"7 corn- forward your designs bvemnowerinri * ^f^^^ executed, shall be happy to by your speedy informaLn P'or Jn^ ^ f ^'' ^ ' f^'""^^ ^''^ "'"^^ o^lSfged fearful my letter miscarried,'as I Lpeeted an anLt' '''"' °° the subject, Im I am, Sir, Your very humble Servant, SAMUEL DOWNES. T so No. 24. Capt. John LcUroton to Mr. Jlandall-Dosiring to purchase part of Lot No. 40, Ncpoaii. [From Journals of Assembly, U.C., ISHH.] «. TIT, , Nepean, 8 th May, 1819. j Mr,~l lia( tl>o Imnoi- of addressing you last Autumn, but not knowinrr vour i m c rc.s correctly I run .loulnlh! of your havincr reeeived it. The purnor of S ' ctter as well as H-c pre.-.enr, Mas to know if you would dispose of ^a par of your m." either bv f ^''^' "^ ^'"r V''""^'^''-^', '^^ ^''""''^ '^ ^^''^^ ^^ '-^e one orC ncits c t hei by sale or lease. I have not the honor of bein- known to you person- 1 m 1 K, uit of thccountry where you at present reside, and althou-h niy military I occu,mfon prevented n.y havin<, nu.ch conununicatiun with the genOemen Ty7r ne^hhourhood I l.el.evo yuu_ will obtain inibrn.ation of me ^om MnSaSf hd?^,mo enXr "• '^^'"i?^^ •""^^"'^ I^'"'^^'^"* have retired on Captain's I I. n-p.iy ot tiie (( th Lcgnncnt, and havin- drawn some lands in this country have f i e wl."!' '"i^' T'!^?'" '-'' ^ '« l^'^l''^'^ ^^^^ Chenes, five miles from yonvToUandll t H I c :fo e n V "'"r ". "? 'T"^'' \ ^"^ ^ ^''' inconvenience for want of | of' roimd k^ onT ° ^ " !='"< '"S, and an, now obliged to builda small store ic^ b ?ff ^ ,n w;n''";y"^^',r'^"^''' '^ ""^ "Srecablo to you, I will immediately | IT! i r'S'^:^^" ^' 1 ^'t'''^",- '^cll or lease one or two acres at the lower point next '' to^thc Island, u. the Bay, I shall be glad to know your terms by the earliest oppor ' thr;Zi^./^-^'X /r \'\'' ^\^^^ oi nnrrorrs, who pretends to be agent for] tliat piopeit3 , «//rA9 Jlonn/, but as I could not believe that he was entrusted with ^ any property, I have npt applied to him. If you have no ao-ent he.^ and tha I can be m any way serviceable in that line, thm,gh not with tC vS^f ^unkrv ' n.o ives, but merely for the advancement and settling of the countr7 1 S vou ^ ^o:r"'^ll r '' ^ 'Y' ^' ^" ^""" ''^' ''^^'^'y '^ communicate^^h yc^onS ' bul^cct. N ould your business at any time lead you to York, please nintion mv^^ ^r ^^als'^^t^""^^'^"' with whom I have had \he honor c^tS^^^r^^^a ^ T haye the honor to be. Sir, Your most obedient humble servant, KoBEnT IU»„A,,L, Esquire, Chippawa. •™°- I"=I'K'=TON- Henry J Hon. 11. No. 25. Mr. llanclall to Hon. IT. J. Boulton.-Thc Attorney threatens the^ Client with a Suit at Law. ^ ,„ [From Jomnials of AsRcmbh', U.C., 18301 (Copy.) ^' '^ __ Tr „Vt t> t. . CiiippAWA, May 17th, 1819. i^lENRv J. BouLTox, Esquiro, CnbinVw'^v '/ ^^^/' ^^T^*^-"' '"•" '^''''^'° '"^^ *^'"SS- If vour knowledge of the! racasuic you wibh me to adopt in your letter that has been just now handed to mc, To Robed " Sir,- " Smith, V " one, and " with imj: *' professio " any furtl " you. Yi •* my own " dollar pel ** I have y( " interest^ i " personal i ** and as I i " ment, 1 in " paid or se *' perhaps ej " right to, s " reason for *' upon the 1 " the cogno " Jarvis I f; " may pay I 31 ase part of Lot | th May, 1819. »t knowing your purport of that f .a part of your have one or two n to you person- und particularly ugh my military ntlemen of your :)m Mr. Samuel It that time De- ;e(l on Captain's is country, have our Lot, and as ;nce for want of ild a small store vill immediately wer point, next ) earliest oppor- by young Mr. Smith— I cannot perceive that vm,,. on •. that mine will be made much worL h^t^Xil^n!^:::'^:::'' ^^ '^''^^'-^^ n-ant of that knowledge lefves n^ Jo^ .larnS .? ''"' ^'"" '"^^^ ^'''''- ^^^'^ 't' '»/ we« a cop, of u. >„i;i„,>,,,r»„,^ t,nlt.cS:t- ^ I am, Sir, With respect, your humble servant, [Hexrv Jorxx Bon™ Esquire, Attorney at Law. ''' ^^^^^^^^^- I X ork, Upper Canada. to be agent for : entrusted with ire, and that I w of pecuniary ■ ry, I beg you ith you on the : se mention my ng acquainted t, BRETON. O. 2G. Hon. IL J. Loulton to Mr l^nndill ti. . a^i rr^j, ^ t*"™'" ^^Pf^"*^'-'^ t« l'^ '• Assembly's Journal.s.J lO ROBEIIT PtANEALL, Chi])pawa, ' professional assistance, iroui wlnt vou t . ", , ="'i "ot rendering you any '; any further than n.y duty to u^ c lent i ,n >/ ^' ^'f' ''''''''' ' ""'"'^ '^^'''^^-^■l " you. You gave n.e M'hat I ox cc?o 1 i ^uT '"^ ^ ''" ""^ "'"'" ''' ^^'''^ l'^"^' ^''ou ;' my own ben'efit and ha for mv f' 1 e ' ' 'r ''" " '"'^r""^-^ ^"^' ^i<^'Vimlf tor ; ddlar per acre, as there ari^ l^h ' ^ ,. ^ T^:^;''^;, ' Y 'fr """'' ^''^'^ ^ X have your note fur £25, due on tho ti, I -,f .^ • \^\ !" adhtioa to wliicli "interest, amount to nearW £ 40 in tto ■^•'.""f ' ''"" ^^•'''''•'' ^^""'^■' ^vith I" personal responsibility, is mrl^ suLion . T'^\ ^ ^'''''' ^'^'I^^x^'^'ent of your '; and as I amSiot looku .i a the e . to x"nn- '^ " ^"^'"'"'^ "' ^"^^' ^'"'^ «'"» ^ ; ment, 1 insist upon luub^g die n.^; ' 1^ L^du : m^ iS "•'"" '^f ^S '^'^ "^ 1'^^' " paid or secured in a sutfident nru^n, ,• V ^" f'''''';''' '''^"^'^^'y l«!- "" ^•'" ''^'^'^ »o I'onoral ircatens the^ " reason for witlholdinc- it Ifvmv II ,1 i ^ r'-' '"''^ "'^ I'onorable or just '' upon the land, I wilAe c.t t ZuU, ""'" ^'^' '"'^^ '"^ ^'"'^^ ^'^^ '^"'■then I " the cognovit tbr your^!!!.!. 'I'V^^^'':^;:""'""^'-- ^'''-^ =- it does. I ,etuni tlie ]iost. Mr. I" any money you I "puii ine (anu, 1 will aoorDt if ..n,l i/^ ,i • ■ > -""^ i-u'f.-^sui Cc 'V IT . ^. D' wledgc of the - jcourse to the banded to mc, " Your obedient Servant, (Signed,) <= ""- "■■ "■<= Point in ,»;g out a garden, Bavin "been ArdLT/^ "I'l"'"''"."""..'" "ake a trial, by lay- W in tbe Koyai Arti,.ery:ie£| t-fo^^reSy i° tl^^^^fAc jquSrd:-?,? J.„t'e\t::lrTbr:v """""''° "r "■= ■>""" °f bdn. ac. or Bhoold not have gon?thnsVar S:^rhearir"f '° '"''" 'Hi'"™™"" """"r, yon will not think S too much troubfe "o send me Zr"' I ''T ''"'"f""' ^''■ As to my character I can n^ A„,.h,f„ ", "*'' ""= *"•"' opportunity. -00 >vUh.i.bo:r;o„wSrmS''„'b& "'■''"''•' °» »h»' point, in compU- "S^j Sir, your humble servant. ANDREW BERRIE. Il lil In the King's Bench, DlSTIlICT OF NlAG.VIlA, TO WIT. Henry John lioiilton, vs. Kobert Randall, •u No. 30. Mr. Randall's Affidavit relative to Secret Judgment obtained by Boulton. [Prom A]>i)ci)ilix to Assembly'^ Jouiimls, 183(1] Trinity Term, 2ncl Geo. TV. 1 p?^''^''^''' I'imdall, of tlic Township nfStara- ^ f»»-iJ. J" tho District of Niagara, Esquire, the > above narnod Dolenilant, niakcth oath and saith, tliat during tlic Session of the Legislature of Fe- withMr MMi-rio ;,ffi;-;n . -^/'/,"'^ry'''i^tF'^t, this Deponent in a conversation fore to set aside ho said prc.eeodings, whieh the Deponent eoulHcwS- exnoct to have been carried to such lengths from promises hild out brthe sa d pEtift' (Signed,) UOBEUT llANDALL. Sworn before me, this 10th day of July, 1821. (Signed,) J. MUIRIIEAD, Commissioner for taking aflidavits in K.D., iu and for the District of Nia"-ara. ; 111' I No. :]i. Mr. Stewart, Barrister at Law, to W. L. Mackonzie.-Statement of the Proccedin^^s he took on Randall's behalf in 182], to set aside Jooul ton's Judgment. solKuesT^v'h ;""'"?' ^':''^\|^^"'^1f ascertained that Boulton had thus secretly sola his esta.e ho einployea Alexander Stewart, Enquire, Barrister, then of Nia- gara, now of Brant ord, to obtain a reversal of the procee lino-s u .on proper affi^^^^^^ l852 S^TfT^^'''''''^-^-^- ''^'^^'^^""^-' J'^^-J ^^--tSl, 2nd August 1852 thus detads the proceedings, so far as he (Mr. Stewart-) waacincerned in the " Home DSct^T r? f S i|i'I';^7''^"'^"J the Piaintiifhad laid his venue in {hcj .Home Djstuct (foronto). The Court of King's Bench had made a rule that Quebec, Lot No. 4 jfront, was sol [of Henry Jo |8umof£449 V H5 2(1 by Boulton. ul Geo. TV. vnship nf Stara- ira, Esquire, the oath and saith, KisIatureof'Fc- a conversation lis land in the Hhcrift' of the above suit, and 10 said Henry ponent further applying bc- !vcr expect to said Plain tiflf', •n is brought, thcr's, now the ANDALL. " power to make any rule of tl o 1 inV '""^'""1 ^? ^'"^ ^'""''t I'avin^ any audi "Statute; that by acouuuo„t„^ 'it,/,;^ T -"traveS/JJ^ "tended that ti-jdrumml of. .iJ I /y? .""""'■' "^ ^^'*-' clear that it w.S in •; abode. J contend dl'.r,?;''^:' ;;-^ "^>-«t left at the Defend It's Ke of ; was only to regulate the nt i ^.W u' sl'un!'"! ^T'' ''"T'- ^--^i here was no such onuMsioi, the Anf • ^^'''"f« '''-^^ omitted to do so but ;;duyBbeforei„tcrI..uto;v -u Inntt :|: V^''^''"'' '' '^ ecrverci^K ;; &"^i?^^.^'-V-lvea'tL ^yf'^h '^i:.:?l '^ -- '^'l - vain. ?he " Court ruled thon.sel^^^^C po e • f t T "-"I-' ' '"" '' ^^"''^ '^" i" ;; „; ' l'rought,l<=:,tonhismort'V K inJh^ "i:*''.'"" ^^ '"r '"otion. JJoul the poor Maior, and an an in ;; Zt't ;!.f:^""^^-'!''^'' "^^ "Ported o^ on of '' the i^or ^ralo; Z^Z ^'S^XZ^^ '' ^^^-to'whid. hcT^l^^ted ^^^^ ;;-.nediately i.ued execu;i::^!;; ^^^i^^^^^V^ ; f ^ '- «nal judgmeSCll^ the administrat.un of justice in any .„ mtrv V, ""f ^^^'"f? "ever disgraced Bjvy 1 Nvas a friend of iho Major; he'r," 1 '. 'J'u T/- ''" '"« J"«ti<=° when you " shall he happy at ,11 times to . ivn t ' t'"iate frie.ia „f ,„y f;,thor. and F ;; tisfied that i'fier the S. rf f tS d^^^^^^^^^ 'Y } f "' "'»' ^ ^-1 - Appeals, that the ^vhole would be IlpLl" ' ^'""°''' ^^^^''^ ^^e Court of :ment of the to set aside thus secretly then of Nia- propcr affida- 2nd August, icerned in the I ThoKarlof l.a.housio. opinilf p „„ „, «„„,„, ^^^ ^ . ^^'"cnvood and LeBrcton, ^"J- w, to Quebec, 10th December, 1822. (Signed,) D. A true Copy. JOHN PAKICEB. upon the mo- f Boulton, vs. th, 182 1, J the which was by No. 33. wiiich was by § r * Tyr . . [Appendix to Assembly's Journals, 1830.] venue in the a rule that A. M'MILLAN, Deputy Regiet er. 36 Tlio Lots No8. 38 antl 40 on tlio Ottawfi, and No. 10 on the River Uideau, were all Bold by the Slicrill'B order in the Court House, Urockvillo, and nurchaaed by L. P. Sherwood, Esq. R. SHERWOOD. PLAN. Please call on Captain ColliriW, near the mouth of tlie Jock, on the Ridcau, and he will shew Major Randall the front of Lot Nos. 10 and 11 drawn by him. Miyor Patton, jj^ g^ Register Office, Prescott. II No. 34. The Governor General's Reply to Mr. Randall's Petition for Justice, in the matter of Lot 40, Nepean. [Appendix to Assembly's Journals, 183(1] Castle of St. Lewis, Quebec, 21st February, 1823. Sir,— His Excellenoy the Governor in Chief (The EarlofDalhousie) commands me to acquaint you, in answer to your letter of 20th instant, that he has had under his most serious consideration your memorial of last summer, setting forth various grievances and acts of injustice to you in your civil rights, on the part of different persons connected with the administration of the law in the Upper Province, and His Excellency directs me to add that as he does not possess the authority either to investigate or redress your alleged grievances, he can only refer you to the Go- vernor of that Province who will, no doubt, pay all proper attention to your repre- sentation. I have the honor to be, Sir, Your most obedient servant, „ ^ ^ A. W. COCHRAN, R. Randall, Esq., Secretary, lork, Upper Canada. (Copy.) Governor in Chief the Earl of Dalhousie's Decision on A. Berrie's Petition fori an acre of the Clergy Reserve, Lot 39, Nepean, Ottawa Front. •* I should not object to lease a small Lot on the Clergy Reserve (meaning No.! " 39) adjoining the Richmond Landing, to the Petitioner Berry, but I am morel " than ever convinced that the purchase of Captain LeBreton is an illegal purchasel •< of the Landing Lot [meaning Lot No. 40, granted to R. Randall], and there- « fore advise Berry to avoid removal [from Lot 40] while he can— the more so aa " Government has, in my opinion, a strong claim upon it, for public service. „^ ^ _, ^ (Signed,) " DALHOUSIE." « Quebec, 10th Dec, 1822." ^ idoau, were loflcd by L. OOD. " It ^'"° ^'°P^-'^^"'- >va3 tho lust dcci ** 2nd Oct., 18i>;j." siun Riven I,y Ilia Lordship on thiV "rSigncd,) JOHN PAIIKIOR, "Cnpt. & D.A.Q.M.G. lldcau, and liin. K. S. Justice, lary, 1823. comninnds had under rth various jf different )vince, and »rity either to the Go- '^our repre- lAN, Secretary. etition for ou L.ot 10, Nupeuii. Dv. QuAUTiiu Masteh Gknehal's Opfice", This Is lo Ccrtirv thit ]\rnrv V .1 • v Q'>i^bcc, October 10, 1823. to keep possession of tho Keys of t ^ Govm u.,iT' 'l\"^^'"^^ '« authorized "^ado by persons for rent, ^o.. to ^^^;;;'I5;^^i:;:t;':ZUir^'^'"^"^ Jiy Ills Lordship's Command, WM. E. DICKSON. Capt. & Dy. A.Q.M.G. lOn'^rAr^W^fe'^ «.ffi-' Q-bc., 14th October, 1823 Undin,, Otta:;:Ki cr. i>o^"";;:, '•'^^J^r'^? r!:^ it. ArtiHory. ikhmond I Qr. Mr. Gonl. ^ '"''' ^^'"- -^^^ J^'«k«on, Captain & Dy. Asat. Mr. Ramlull 1^ Liout. Col. Dickson.-Wislios the l\v\ of n.lb • . ICopy ) ^''™™ ^" ^' "°"'° ''f '^««-"'W/^Jou.naIs(A,.,.e,Klix), 1830.] k Messrs. Berrie and ¥htU, &t' "'" *'* ^'''''"' ^" *''^ ^^^t"'-^' possession K =~ tile'^ j^;?^i;Jr ;,^'r ^'"l^^r ,'^^^ ^°?^^' -"^^ -^ '-- bee« leave to state to yourSi t Hi ' n' ' f 'T ^'' ^"'P'^^'^^^ J^^"^' ^ beg Information, th'it Mr rnn..' ; f^'^.'^f •''".^"cy the Commander of the Forces \ brother-i^tt- t M "L ^u'in "tl^ ^"^''--"-'''^^ ^« ^^^^ Sherwood, Vit so [urn of 01,0 hundred and t\venty-fiyo nonn I < ',. 1 ''''^^ ^^.s property for the kosecuting u suit for me in the 4m of ton " i ' ",'''''""" *° '"m in his I ie in uic feum of ten thousand pounds, currency, wherein I S8 WW had obtained two verdicts for the aforesaid sum, which Mr. Boulton abandoned, and my suit thrown out of Court. His Excellency the Commander in Chief is in possession of the case in detail. I also beg leave to communicate for the information of His Excellency, that I have employed Mr. John Rolph, Barrister at Law, to commence a process against Mr. Boulton, in order to set aside the Judgment obtained against me, and for which this property has been sold at Sheriffs sale, and as he is in possession of the whole proceedings and documents in the case, and being of the first respectability, and not long since from the Temple in London, and no way connected with the above gentleman, I humbly beg leave to suggest the propriety of associating Mr. Kolph with Mr. Jones, in defending Messrs. Berrie and Firth against the suits of ejectments, not that I have any reason to suppose that Mr. Jones would in any wise be influenced by his connection with Messrs. Sherwood and Boulton, only that human nature is generally more or less influenced by family connection, which induces me to beg leave to recommend to His Excellency, that Mr. Eolph be associated with Mr. Jones in the defence of the said suits of ejectments, and if His Excellency should think proper so to do, that he will please to order that Mr. Rolph have the earliest notice thereof, directed to him at Dundas, in the District of Gore, Upper Canada. I have the honor to be. Sir, Your most obedient and very humble Servant, ROBERT RANDALL. Lieutenant Colonel Dickson, Deputy Quarter Master General, Quebec Randall's u [Copy of A) "In the « RandaU, of " Defendant^ " sold under " Morris, Mc " to the said " the conditi( " tain other 1 ** this Depon *' Landing P; *' ments of Hi Mr. Rolph H. J. Be King's Be No. 37. Lord Dalhousie's Decision. [From U. C. House of Assembly's Journals, (Appendix), 1836.] Deputy Quarter Master General's Office, Quebec, 24th January, 1824. Sir, — I have the honor to acknowledge the receipt of your letter of the 31st ultimo, which having submitted to the Commander of the Forces, I have received His Lordship's Commands to thank you for the suggestion therein contained, but, at the same tune to acquaint you, that His Lordship does not deem it necessary toi employ further Counsel in the question. I have the honor to be, Sir, Your very obedient humble Servant, WILL. R. DICKSON, Capt. and Dep. Qr. Mr. General. R. Randail, EsquiiC, M.F.P,, York. This Court orders that no the Court. In this case, judgment shoul issued upon th( should not be s A judgment the lands sold ii sent, had been Term, 1821, ha charged. Various irreg Rolph, some of former motion. The Counsel and also read an I larities, and of t I partial want of i = He also cited mi considered analc Robinson, Ai 39 I' [ibandoned, Chief ia in ,^ icy, that I less against le, and for ision of the sectability, d with the iating Mr. the suits of uld in any I, only that ion, which Eolph be and if His Mr. Eolph ;t of Gore, No. 38. Kandairs Affidavitas to value of Ms L^^^ ^,,,^,^,,, ,^ ^^^^^^^ [Copy of Affidavit by E. Eandall, in the handwriting of the Hon. John Eolph.] « W ofteowXoT^^^^^^^^ -Robert EandaU.^Eobert " Defendant, maketh oath and saUh tC ?1 i ^f"! ^''*"°*' ^^l"'*^' tl»e above •; sold under the execution issued n this suit t^V P'^^P^'^^y ^^ this Deponent " Morris, Me.nber for the Countv of r«rr„f ' ^T ' ^^eponent wasinformed by Mr. '' to the said Henry John BouUon w\i °^' ''*' "°' '^' ^^^'^ ^^ ^and mortLed « the condition of the bond on which tie sd W°' "' ^^' ^^«' ^ mentioled^S " ta n other lands of this Depornt's of vprt ' ? T '° P^'^' *^^°"g''t' but cer- " this Deponent was offered £3000 uJe7 ^'^^* ''^I"!' ^°^ ^^^^ ^ part of which " Landing^ Plaee. adjacent S tlpZo'Id" it? >^^ ^^'^'' being the « ments of His Majesty's NorthYnSn p"!^^^^^^^^^^^ -°d civil estaSlish- Ml mt, DALL. :cE, r, 1824. f the 31st I 'C received j lined, but,? icessary tol 50N, jreneral. No. 39. ''a^'Autr^^^^^^^ obtained by Hon. King's Bench. ^ ^andall.-Proceedings in the Court of [From Campbell's Manuscript Reports.-] Easter Term, 5th Geo. IV., April 30th, 1824. m,. „ „„ [Boulton w*. Eandall.] the Court. ^°°'' "'"' de'eimined, shall again be brought before feued upon the ™d SLTtfatiSJ ffi' ""^/l-yi' -"it o{ Jteri%ci«., T.™, .., had obLL^ilXI^^Sl^ tLt ^;t^^^^^^^^ an Jl''San7S;?(;ifh?"U'd!^^^^^^^^^^^ "■», '"^P-" -«g»>".ie., larities, and of the faet, aS SZf tt A i- T " ""'«»■«■>' «f thee irregu- partial want of <:ou.ii::Si'7eT',Z^^tlt%^-P:''''f''^ "^ '?'•■• no alao cited many cases of n»w trials ,t l^i .„j u .J""*.""™' V obtained, considered analogous. ""'' «"''»>"'"«» in equitj, which he RCKSOK, Attorney Genc™I, c™,.„_read an affidavit rebnttbg those ftct. «.d ^*''\ 1 40 ;ij circumstances, but relied upon the universal practice of Courts of Law (to which no exception could be found) wliicli does not permit a cause once detenniued, ujjon motion and argument, to be again brought forward, cither upon the ground of the same or othor irregularities, not befove'insistod upon, lie cited and read the Kulc of Hilary Terra, 3rd James I., by which it is ordcvcJ, " That if any cause shall " first be moved in Court, in the in-escncc of the Counsel of both parties, and the " Court shall thereupon order between those parties, it the same cause shall again be moved, contrary to that llulc given by the Court, then attachment shalt go *' against him who shall procure that motion to be maile contrary to the Ktde1)f " Court so first made ; and that the Counsel who so moves, having notice of the " said former Rule, shall not be heard here in Court in any cause in that Term, in " which that cause shall be so moved, contrary to tiie Rule of Court in form afore- *' said." The Counsel also cited authorities, to show that no motion can be made upon the ground of irregularities, not noticed upon a first motion. Campbell, Justice.— Upon the opening of this matter, I thought it strange, and was indignant that the irregularities pointed out by the Defendant's Counsel should have taken place. AVhatcvcr were the grounds, it now appears that those irregularities have been discussed and decided upon for many Terms back. The Counsel has referred to a number of authorities which it v/as to be sujjposed he re- ferred to, as upon a first application and discussion, but it aj)pcars that was not the case._ If they are to be considered as furnishing authority for openino- and re-con- sidering matters already decided upon, they do not apply. ° Upon reference to the order in Hilary Term, 3rd Jauics 1st, it appears such se- cond discussions cannot be permitted. Were it not for this salutarv rule, nothing- could be more uncertain than the proceedings and decisions of Courts of Justice! There is also a penalty attached to the breach of the rule, which, as this is the first tinie It has been attempted to be infringed in this Court, I should not wish to see enforced; but upon any IViture attempt of the kind I should. Chief Justice (Powell.)— I concur with my brother Campbell, and for the reason given by him, I also consider that the penalty may be dispensed with. Per Curiam — Application refused. ■i" iiMi, No. 40. [From 3Ianuscript licports.'] In the King's Bench. — Boulton m. Randall, 1824. Trinity Term, 5th Geo. IV. The proper style of this Court is " before His Majesty's Justices," not before the King himself, " coram vobis" not " coram nobis.'" Washburn moved for an allowance of a Writ of error, coram nobis. Boulton, (Solicitor General)— objected that the writ should be coram vobis,- that all writs here should be returnable bel'uro His Majesty's Justices. In Englandl the Court of King's Bench is ambulatory, following the person of t'le King, but| here it is stationary. In England, the rarllamont may sit in Westminster,' and the Court of King's Bench where the King himself is, but in this Country the! Court must sit where the Parliament sits. _ The Attorney General, (Robinson,) observed, that if the writ was defociivcl It might be quashed in tliis Court, or in Ciiancerv. To tills observation the Chict'l Justice (Powell) assented, obcjcrving (with the Court), that the style of the Court] i r (to which iiiucd, ui)on jund of the ul the Rule cnusc shall ics, and the shall again snt shall go the Utile of jticG of the \t Term, in form afore- an be made ; it strange, t's Counsel i that those )ack. The osed he re- kvas not the md re-con- irs such sc- e, nothing of Justice, is the first wish to see nd for the I with. 41 hitherto adopted in writs, Avas imnronor hnf +l,nf +i ^^ practice which had obtained fbr^!;Z lenglh of tin'r"^ '''^^ "'' ''''''^''' ''''^ ^ Per Cumw— Writ allowed. No. 41. Mr. Washburn to Mr Randnll, on sotting aside the Boulton Judgment. [irom Journals of Assembly, U.C, 1830.- Appendix.] w^ld'pe'rmd SSsed a^nTt'e loir''' ^' J^^'^ n^ af sooH^ TLy Error, stating Mr Sue on wLh '^^^V-V"''/' "1* ''^« ^"''J^^<^ "^ ^^^^ Writ of of receiving a^ note fron the M o ' ZT\ i • ^ '^''^ '''^S' 1 1'^^^ the honor will see, therefore, tha thus We 1 SL •",''' ^^"''"'' for your perusal. You after. I have been favo ed ti - ?> '^^""/""Slj; 'however we may succeed here- impossible for him to at n e o^nJi'^^'A- ^^'^^'^'' f "^ing that it will be sorry for it, as I wanted hi tsiTanoo ?. ' 'l *^.^''''' '"^^ "^ ^^'^ ^^'«'-"^- I --i'" I mist ot course purs'^ it wlTZ v '• ^/ • ^' ^T''''''''' ^^ ^ ""^ ^«"ly '" ^or it, (and very small t oy r e i know w3 ^ '''''"" '''° T'^'''' '^^'"^ «'»«" '-^1^^"''^^ as there is no one tl in" ^k 11 ^J" nm'^ '''' f •"'"^^^ ^^'^'l "^^ '^^"^ ^"^ y«"- ^"^ I would not have yoi/ir.n ''.!;? v''^""^'^'*=\"^ ^''^"^ '^'^ certainty of the law. Term begins ou M^day, 5th^July; °" ^^'""^' ^^'^'^'^ >'^" ^'^'^ ''^ ^«"tend with. Faithfully yours, Egbert Eandall, Esquire, Stamford. ^' WASHBURN. (Copy.) " Government House, " York, 22nd June, 1824." to III r ' .1 leo. IV. not before! im vobis,- n England! King, but! inster, and! ountry tliel 3 defontlvf i the Chicfi the Court! No. 42. Mr. Kandall's Title to the Niagara Falls Estate. [Cop.d from Fr. Collins. «-ogra,.ue^I^.po. Trial of R. R...... ,, ^^ EVIDENCE or THE IIOX. TUOMAS CEARK. Witness held a Tatcnt from the Crown fbr the Rrid-ewatcr ^Yorks (T\. latent was produced. It was dated 2nd January ISlc" ^in .),, l?l H ^. , "Item sworn to by Mr. Randal!, and lOV uercrn ore ' '^ ^'^"^ (( by • Cross-Examined by iMr. Rolph.— ^Vit e hole i^ower Canada— saw him in Montreal Gaol— ne?s visited Mr. Randall while in caol sked 1 in iini to transfer to him (wit- 42 ; nesa) hia Mr. Randall's) interest in the Bridgewater Works. Mr. Randall had a claim on one-third of the Bridgewater Works, under a lease for 999 years, from "Orenera Simcoe. Witness visited Mr. Randall in Montreal Gaol for other pur- " poses also. *^ near the ont busy at my To Mrs. Fu m Ki'ir Endorsee River. [Extract from Honorable John Rolph's Address to the Jury during said Trial] :— " Randall has tasted the bitterness of protracted imprisoumcnt in a Foreign Gaol, "and It is now proposed to make him suffer martyrdom in life pillory ! For seven * years he was immured in a dungeon in Lower Canada, where he suffered priva- " tions, the detail of which would make h aianity shudder. Engaged as you are in " the active and diversified pursuits of life, there is much to occupv your attention, * and divert it from a thousand vexations which are attendant on the fate of the ' most fortunate of men ; and even when business has lost its interest, or brought " fatigue, nature opens her exhaustless stores, to invigorate the body, to delight the " senses, and to regale the mind ; but in a gaol, there is nothing to fill up a tedious * existence— It is there almost worldless as the grave— no important trifles to incite " desire— no prospects of success to animate with hope ! Randall's care-worn soul, *' vacant of employment, and harrowed up by thought, ^^as there left to turn upon * J^tself for years, to witness its own forlorn wretchedness, to mourn the prospect it "had lost, and brood over the miseries to come. It was thought that the poverty " and wretchedness brought upon him, would break down the spirit of the man ; that * nature, however buoyant, could not bear up against such complicated woes. Many, " many a man, thus made a prey to accumulated sorrow, is doomed to hang the head " of despondency, and when ushered into prison, every remnant of former vigour, "that might promise a successful struggle, is soon exhausted by despair. But " Randall survived the wreck of his property, and the miseries of a prison." [Remarks b^ the Petitioner.— Colonel Clark admits on oath that, althoucrh he kept Randall in prison, and sold valuable estates of his for a mere nominal price, through the Sheriff, Randall had a claim on the Falls Estate, withheld from him by Clark. Mr. r;hief Justice Macaulay, when Boulton's student had been directed to swear that he (Macaulay) did not know where Randall lived in the Home District, where Bou toxi knew he had never lived, and that his home was a hundred miles distant, at Chippawa. Through this oath Randall was prevented from knowing that Boulton had proposed to make a demand of plea from him, which was no de° mand, for a scrap of paper s^uck by Boulton in an Office at Toronto, was no de- mand from Randall, who resided a hundred miles off. Under this pretended notice, however, Boulton secretly sold one of Randall's most invaluable estates, on a claim of about £142, which he got, and Sheriff Stuart (his brother-in-law) probably kept the remainder, about £300. His heirs or assigns, under 7 Will. IV, c. 3 sec. 3, can plead the Statute of limitations ; Randall got not a penny. Soon after, Mi! Macaulay, acting for the Crown under Boulton's directions, vainly tried to convict Randall for perjury, because he had sworn that lands thus gambled or juggled from him were still his.] ^ To the Hono The Petition ol Humbly Shew That in the y abouts, your Pc Montreal, 4th .January, 182?. m General ag his Dear Madam,— I have the pleasure to inform you, thatHis Lordship the Com-l tween the "Petii mander of the Forces has kindly complied with your request to build a good house | continued such Sir,— At t m Should you i: Robert Ran: To write to that he (Lemi Nepean; also but the Sherif Mr. Randall's 24th March A. Sherwoo No. 43. Colonel By to Mrs. Firth, relative to part of Lot 40, Nepean. 43 I ndall had a years, from ' other pur- l Trial] :— reign Gaol, For seven ered priva- i you are in c attention, fate of the or brought delight the p a tedious les to incite ■worn soul, turn upon prospect it he poverty man; that !S. Many, ]g the head ler vigour, pair. But •n." though he linal price, ■om him by directed to le District, idred miles \ knowing was no de- vas no de- ded notice, on a claim bably kept 13. 3 sec. 3, after, Mr. to convict ggled from Era'^mrno^rS"™"^^ '' '''"'"''"'• '^<^*»^^ y«" and Mr. Mwy Believe me, dear Madam, Youra faithfully, To Mrs. FinTH, at Point Nepean. J OIIN BY. ^E»„„.«.„._T„M^rir.b, Point Ncpean, near Hull, Upper Canada, Ottawa No. 44. Mr. Sheriff Sherwood to Mr. Randall. I am. Sir, Your obedient servant, Robert Randall, Esquire. ADIEL SHERWOOD. [For Mr. Charles Lemoine, of Augusta, Blacksmith.! To write to Robert Randall, Esquire M P P rh;r„v»„ u xt- that he (Lemoine) wants to purchase Lot No 11 on?K'^''^°'''i^'^^''^' 't*^*^"fi Nepean ; also state that R Shemood Wd fhesamPnff «.!?"' ^'' ^^o^cession of but the Sheriff refuses to givelS, t'd 'th Xf .^iT ^f^.V^^^^^^^ but the SherifF7efu es to giv:; S and thSrfflf-'T'*r ^^™.^ ^'''' ""««' g Mr. Randall's property ^ fet ' ' therefore, this Lot must be considered 24th March, 1827. R.SHERWOOD. A. Sherwood, as agent, may send this if he chooses. r. s. lan. ', 1827. the Com- 1 ;ood house | No. 45. [Journals of Assembly, Appendix, 1836.] lo the Honorable the Commons House of Assembly of Upper Canada m Provincial Parliament assembled • ^ panada, •wen the PoU«ir,rMe^^^^^^ O f"^ "Jf"™ "> '^ l'>^vi..g, on the were fylod i„ tlie Crow o'fH e '.u 1 o tl '^"'""/' " ^^'-■^''"''^tion u„d r.nnn.ons same office by the said /w\lnr,^^^ >» the same day an affidavit was V d i j i k" ^''' '?",'' ^'^'t'tioner. Th,.t on the John Boulton, that tlic ,1,'ce of r. W '' '""» '•-''. ' "''^'''^ ^^^^ t''« •^■'^^1 Henry " triet" was u^known'to^th^;!::';!^;;:^,:;,^::- i:^;— •„:; - the Hon. dJ a demand of pica wa. pu u . fJ • " ? '''' '^T'r'' ^''"'^^ «" the san.e da. said affidavit. ' That on^ le in t o^! 1].;:. ^ "t^;^;;' ^'''^Z nnd aeeon^pani.d th^ cutory and final j.xl-mcnt wns si. , , 1 I? . o' "•'' '^''^'^ "f^^nvard., intcrlo against the I)erso .d"ef 'octVof S "K '' ■?"'; ^ ^\'t'""^"'' --^-kI execution is.ucd for the amoint of the otd mt • nd r?'' IV'"-'^^^'''^;" "^' ^^''^ ^^"'""^ ^^'^triet Petitioner, the said 11 n rv' ol , n llu \ /'''.'•'" Ins .leelaration against your together, signed jud-mrnt on the ^mo"" .f"'''"^ I" '^'^' ""'' *''° ^^°"^ '^"^ "«te Petitioner Ibr the^a^." "''^'"'' "'"^ '''''"^ execution against your DiSll^it'^Si^w:? n^.-STt'^H''!^"' t^^^'^ ^'^'^-^^^ ^« ^>- SherifFof a wI>o knew hir r 1 at ; idlt ,■ id< f ^'""T' "t r^^ ''^ ^« ^^'^'^ "ther person Term in the same ea a "val f '^ T '■^^:"-"=^^ « ^" ti,e fir.t of MichLlmas of « no goods;" and on te si ''.7^ the return day with the Sheriffi's return your Petitions- diect^l to the s,^ '^^T^? »8-'"''>«t the lands of last of ^liehael ma IYt n A i) ^h' n? ^^^^'l^ '"^tonn Di.triet, and returnable one mortgagei^r b^entu t s;:Ly S3e^:;:^ '''''''-' -' "^ ^'^^ iath,g';i^.;ti::'of^::!T<,::^;o? K^ ?^ ^'^^--^^ ^'- t^--^' -s- cess in the' said cause w's V. o 1 t ° ' '''r''' "'"^ ,""^'''^" ^^''''•^^^ ^et the p™- " suits where thcDeLl'n o ll Vl '"'.''"'''•' '"•''^'^^' " ^^^'"'^ "' '''^^ "'^tionj or ''District, or DistHet "lie e t u ^ V!^''""^ *^'^ ^'""^^ '•^' tl'« "ome <' after such den and of L l'''.^'^^"'V"'' '•' '"'''""' '"''"''^ '^"y' ^^''=''1 ''« '''H^^ved "quired to f^^le Z^^^^^ -hick they .hall be re- Henry John^ 13o It n' ,;'i,^'- .r,,^, "V * ""^^^'^thstanding the said Act, the said within the Distr c of Nh "?'''>' I^new the res.denee of your Petitioner to be i"" served I i^i with II ? "• .' ""'^"^^ "/ ^''^ ""'"^ ^'^trict, not only from hav- wr^teVo i r f ; f U ' edon J "'": ''"' •'^'^"'/'•"" ''''''T' ^^'"^'^ y-^l^etition; cutorv but fina huv'KMt wit li^^ r proceeded to sign not only interlo- 0.^^ in a i;i^H^'Sr:i;!;^j;rk;iw;;;::^i^s^^^^ i- -p ijy a ;:;:!:;; :;;;!.!?':? ^:^V"-t -f' l-"^ Bend, in the 40th year of the 1 ^"ig, It IS expressly ordered, that in future, tl ate le note or bond is to be produced for 46 -!, li':!! 11,1 '■;;,! !i| the inspection of the judges, '< when a motion is made to refer them to the master," but timt tlie said Henry .lolin Uoulton, not only did not i)roducc cither the note or hond to the judges, but did not even move the' Court to have them referred to the master. Tiiat by another general rule of the said Court made in the same year, it ia expressly, " ordered, that from and alter the end of this (Micha'lnias; Term, the • clerk fiive no writ of execution on default, without an order of the Court in Term " tune, or iiat of a judj.'o in vacation." That notwithstanding this rule, then in full ^rce, the said Henry John Huultoii proceeded to sue out execution againPt your 1 etitioner, on a judgment by default without either nn order from the Court or fiat from the Judije. That by another Kule of the said Court made in Hilary Term, in the 47th year of the same King, it is also expressly "ordered, that in all cases of Judgment by default, on IJonds, conditioned for the payment of money, a rule Nisi, to refer the ' Bond to the master for taxation, shall not be necessary, but a notice of mytion for ' tlie pereinptory rule shall be given in writing to the Defendant, or his Attorney, ' at least thirty days before Hilary and Easter Terms, and twenty-one days before Innuy and Miclu-clmas Terms respectively," which rule shall accordin.rly be made absolute, m the first instance, on affidavit of such notice. That notwitirstand- ing this rule was in full force at the time of signing the judgment against the Peti- tioner, he never received, nor did the said Henry John Uoulton ever give the above required notice to your Petitioner, or to any Attorney for him. Your Petitioner further represents, that as the said condition of the said Bond recited the said Mortgage, and professing therefore to be only collateral security, your 1 etitioner was entitled to the benefit of an Act of the LcMslature of the Mother Country and in force in this Province, requiring in behalf7-f such Defen- dants, that the Plaintiff shall set forth on record, the condition of such Bond, assif^n breaches thereof, and assess damages before a jury, and vour Petitioner is inform'^ tliat according to law no execution can in such case issue till such assessment has taken place. But in the suit against your Petitioner, the condition of the Bond is wliolly suppressed and does not appear on the record. Your Petitioner found in the course of the applications made by him to the Court of King 3 Bench for relief, that the following rule was insisted upon as a vindica- tion ot tlie judgment secretly obtained as ^foresaid. Michajlmas Term, Scott, C. J.> Tiioiip, J. ) It is ordered, that from and after the first day of Hilary Term next, in all cases where the Defendant has not appeared either in person or by his Attorney, judg- ment for delimit shall not be signed, without an affidavit first made and fyled of a demand of plea having been served upon the Defendant personally, or by beinff lefl athisusuDl place of abode, if the same be in the District where the action is brought ; and it the Defendant's place of abode be not in such district, that then the demand of Plea shall be entered in the office, accompanied by an affidavit, stating that the Defendants place of abode within such district is not known to the Deponent, and that Judgment by default in such case shall not be signed till 4 days after such service or entry respectively :— By the Court. CSigncd,) JOHN SMALL, Clerk of the Crown. Under this rule, persons are required to take an oalh that must do violence to the conscience of the Deponent, inasmuch as it implies a belief that the Defendant's place of residence is in such District, but not known to the Deponent. Your Petitioner also felt deeply aggrieved at the operation of the said Rule, not mm *7 le master," the note or irrcd to the year, it is Term, the rt in Term then in full ininpt your ourt or fiat 47th year (Ignicnt by to refer the motion for Attorney, lays hcfuro rdinyly he withstand- t the Peti- i the above said Bond 1 security, lire of the ch Dffen- »nd, assign 8 informed i«snient has le Bund is the Court a vindica- only because it n-bitrnrilv rlnnr.'.r«j r. . . " Plai of abode, an^^Zl^^t^Zr^tTi:': '? 7/^ «^*''° ^^^^ «' ^'^^ uvs of th . Provinee, but al.o U^;;^^'^:^^^/ « 'lay.. > defianee of the by rcqmnnjr notice to be served upon the r"l. "'".^'!">'";"' I"n.fi,,le. of justice, iavcred the Attorneys of this Town I.! '^^"^*"'V"'=' V^ «''« ilon.c i)i«tn.;t. while i such notices to those^Deferdun whor"'"?'-''" ''''"' ''•'"" ^''^' "■'"^'^'^ '^ ^'iv n Office in the outer di.W ^ 'ico 1 "' '"."' "'T'' '•^'''"'^•"«" ''•""' the Crown rather than to supersede Jl^^u "etc miluofl!^''!'^' '■ ''V^' ^^""^^ '^ -^■-- protection. "' '' enactment of the Pruvinciul Legislature, for their ever had of the progress o 7^, i ' n ^"',i;" I ?•'"'' "^" ^'^^^''^^ ""''»-'-" »' procochngs to be looked into, n Z ;J Z 1" "' !'"'"^''''^t''ly ^^au.ed the ceedmgs, he caused an application as oof.^^V''''TA'''''""--''''^ '" 'h^ Pro- the Court of King's Bench t rehcf in ^ tin.T-f T^'^- ''? ''^'^"'' ^" ''« '""'1« to which had ll ' "i^ ' " '""^' "" *''<^ ground to an ancient rule of Court in h " !„ L^^^^^^^^^ »'>7' -^ ^'"^^ «-"-'^'-"ff James's, no matter heard bv CnuuLi i ^ • , ^"t'^ncr believes, of one of the Court had been given'clld^'er en^d'" d tu'tl' P " ''^'Z ''"^ «''•'-" "^' !'' liable to be silenced for one voir n, if ' 1 1 J *'"^ Counsel attcmptino- it was time in like manner, the v ^voddl^^^^^^^^^^ l^« ngain troubled ..rseeond Petitioner cannot but' SnH^^r^ he o,r *'•'« '^^"^'^ ^"^'^t^"' ' ""''Tour unjust adherence to one rule of c,',rtfo?ho^ '''■'''''" '^'""'j ''« '"^^'''^ ^'•«'" the Petitioner ajudg.nent which lad noMndTrt/' "'""^'^'"" '''^^"'^^^ y'"r rules of court equally solemn and bindm- anTvon'M ' V'-'""". "^ *'"-^« «''>er tive enactments in this Province an. , FnM. l ? ^'"J^t'O" of several legisla- of which Uy the said Henry J hn In ton Tvuii " '\"' '"'^ '"""''=^'''« ob.er;anee your Pentio.,er against tliruin ami h •:Sir bro^^^^ ^Z ^7'^' ''^''^'^^ ^- Hd^d" el;S^^i j::;S^f ^J^fK^f « '- ^-iLn^ as ; .. re^rt to get error coran. nobis to rev'eLS s ai 1 ji^^'^TXrY "'"^^- '^ ^ ^'•'■"" '-^ ^^t «f Counsel, his only chance; but the diffiS hv^ t •^' '? the opinion of his onginal one which issues out of Chaneerv an rll I^- """^/^ ""'' '''^ "'t is an tion m this Province. This .lifflnnh ^' u ^'''"''' ''*''"- "'^ ^ «"'-t "f that descrin- obtained under the 'reatedS >''"'' ''"'^''^^ ""' ^''' ^urmounte.l, the w/it the matters argued Tn^e^aLticIn ^THnluVe^^ f^f^r'^ ^«' "j Judges, Mr. Justice Boulton bein^r absent fnSinn/l' • ^i' ^'''^''^ *"'<> "^ the g'ven in the following Term. J^ngland, and judgment was to be received nothing by a diJiilon 5 op n ^^^Ut'So^T" ^'"'^T'^ '^''^'^ f^-' -n was that the matter muststani oTr tiHth: Bench tr^ir^"^"*' ''' '^^'- - Mr. -^^irB^Zh^-Xr—- ^ 31 ,' 48 fr. .! I'ljd,: cniisc In wliich hd had I)ecn intcrcstod for your IVtitioncr, nnd conKl not now of courtio bo ('X|)fctcd to f,nvc an opinion oitlicr \v:i- us tlu; <:ro!iter pait of the money recovered Uy this very judgment hud licon rccelvet! hy him. That stranjre na it may f?eem, the Slicrilf of tho .Tohnstown Distiiet, instead of selling tiio I.ot, ho mortgaged l)y your J'etitinner to the .said Henry .John P.onlton, and thus as it were foreehising the same, sold another and s^till more vahiahh; k)t behniging to your Petitioner, and the same was purehai-cd, as your Petitioner haw hecu intonucd, by Jvcvius P. SI ^.w ■,,.!, ll^q., who lias t;inco been elevated to the 13eneh. That your Petitioner, under tlieso circumHtance>', woidd not feel it proper, and lias been advised not to apply to the Court for their judgment, whieh your Petiti- oner thinks, under the vfiy peeuliar eireiunstanee.s of the ease, could "not be had, for the same reason that the Honorable JNIr. Justice JUnilton once refused to try a case for him. _ YourPetitionerhumbly represents, that after .ubmitiing to many losses and afllic- tions which would break the heart of almost any man, he found that'the nujst valuable remimnt of his property had been most cruelly sacriflecd, under this irregular and nefarious judgment, and unless relieved by the interposition of your Honorable House, he shall have to muuber himself among those who have fallen victims to in- justice and oppression in this Province. That there being no higher Court in this Pvnvinco, to which your Petitioner can now resort, he has thus petitioned your Honorable House to interfere and grant him such relief as to your Honorable Body may ajjpcar just. And as in duty bound will ever pray. ^ , r ,„ ROBERT RANDi\LL. York, January 19, 1828. Certified to be a (rue copy. JAMES FITZGIBBON, Clerk of Assembly. No. 4Ck lleport of the Committee of the House of Asscmhly of Upper Canada, in 1828, upon the above Petition'. [Appendix to Journals of Assoiiil-ly of U.C, yo.ir 1828.] [NoTC.— The Special Committee ajiponted by the Legislative Assembly of Up- per Canada, in 1828, to Inquire into Mr. Randall's complaints, was composed of I 15. U IJcardsley, L.-q., senior ^lendjer of the Eaw Society; Hon. .J.,hn Rolnh, ?r c TV? ,f"*,l' ^^«n""'-^«i«ner ; Hon. John B. Robinson,' Chief Justice; Hon. M. b. Lidwcll, Jjarnster. and Captain John Matthews, Royal Artillery. Their Keport, taken from the Journals of that year, was as follows] :— "The Committee to whom was referred the Petition of Ro])ert Randall, Esquire, vvith power to send for pers.ms and papers, and report thereon, have inquired into the same, and rcs])ecttully submit the following Report :— *' It is admitted that the demand of Mr. Roultou against .Mr. Randall was for - professional services, rendered by himself and the Honorable D'Arcy Roulton. I late a Judge oi the Kin<.'s Bench. The prineliud charges are £50 for busines.-* | " Boulton, ati I " not be tried. \" torney Gene " lie expected I " He also Stat '' time of arra " Mouse can j I " Roulton to t j " therefore hoi " cause would I '* twenty-five i '*'' consideration " air. I}oult( " twenty-five p " the proceedin " Henry " This action " from the Cro' *'iMay 181L, r. "July of that "the said Crovvi " Samuel P Ja " ing that the sn second of .Tun appearance for i i'J not now of I" the money It, instcnd of lin i>oiilt()n, V!llli;il)l(! lot ctitioncr haw k'iitcd to the [iropcr, antl your Pc'titi- not be liiul, isecl to try a ps.nnd afflic- lost vahialilo regular and llonoiablo ictiins toin- titionor can d grant liim ID ALL. ssembly. r Canada, bly of Up. ontposcd of j ihn liolpb, I ice; J Ion. ly. Their I, Esquire, |uired into all was for ' Boultoii, tr businehri " lis :. utToYl y' V' " ,°, ' ''"^ ISonl,.,,, I,cr„„, ,,i, olcva,l„„ ,„ ,„o '•o kino'.s cncli in u l.;,.l, ♦;.. . • ,'•'" '^■^' ^ '".)''' J I'tln.s, m the Court •' tl'O, an.rno h d ml at ZluuT r ". ^T" /""V'""'>' ''"''' ^ ^ ''^'"i-i"^ " i-or the payn,ent of h e « i | « , . .k T '.' i' ' ." '"""', "'", ^'^■'•"- '" ^^^-"'''y " nK.rto.ai./to Mr. IJ.;,.,t: f ' t N , '':,;:' li? c'''^' "'•' ^'^"'^'?"'' "'"'' * ••inthcTownshii, of Neocan -, I u , I, . • ^""cession on the Jiideau, " bond upon whicU.ot .^n^ ' ±^ ''"?r-^' ''Tv Vt' '•""'"^'"" "^"^'"^ " came on for trial at the Ni- t A In • il"" ^" ^'""'"" "•'• ''"•'"'' '''•^'IPS " iJouIton presided a 1 Ah 'it n,v r onll^ m^''7/^ "'"'? -^^'•- ''"-^'^^ " tioncr, the Plaint If in the cVuse^ ()„ ! Z '*^''-""'^'"'' •' ^ V""^^"' ^'*"- »''« I'^-'i" " I'li'^N and a short time f. re i w, T •' '"""J."' ":''' "'« "•'=«' ^van to take " Mr. Jlonlton, gave n i note for t v ? r"' *''" ^ "^'^i'"'^'-' "^ the request of " May followi. -s n8 .■ Cou He t .^. ' ,• T y '' /"."r'^' I"'>-^'''''' ^I'o Hr.-t day of " to eollect hi. witne i ! : \' /'' / --^1-cted tr.al. The I'etitioner proeenb.d " refuHe " "'it oiJir,if,nas, ajrainst the koo.Is ami chattels ot the Defendant, was issued upon a /)r(prwe fyled hv the Plaintiff " directed to the Sheriff of the Home Di.striet, returnaMo on the first day of Mi- chailmas lerm foll„win^'"<' -n-lfa mu.t be "eottk.ments in the vc!y ].",,. U V ""'' ' "■'' '*' ''« "^■^"'^ '» '"'''"'"fcr "eight, lays ^ivon l.v lu- S • ',' ' V- ''"!:," ^'-^V'^''»'t'fs of the Province, the " i.;^tead of i:;;i„yi ' J ' ,i^!S^ »^nrl,,tn.nly reduced to (our, and the n^ticj "n ,nllt rii'::!.;'™;:^;/'":/,';':,;^ »-; "o,"> oi,jec., u„i,„ „f "»n .ffi,lavi,, sh„i„^Z I ic, dmf!,°,7 "f "1 '',""''"T'. »="""l«'"i<=J »i.l. I" law. ' ^ euDicrsiie ol tiie rules of good conscience and statutory "interest, and tW S,rofeiL' tenlTirL'tts^r '" "'""'' '"= "■"" "" '^'"""' h°^'e^tti7r"'„Srbv'°tl','e r ''°r 'I'm"™' ".""=■• "-"'P^ot' obtained oon.m,7 sur- « Mich^lmas, / {J^^'sley. G. J. ") " Ruj.e 8. It is ordered, that in future "48th Geo. III. i I'owELL, J. I" the note or bond is to be nrod„;;.d foMlfi he made to refer them toTe';;ster.'' "^°^P^^^'°° °*"^'»« J"^Ses when"a motion If^' 5% H^ ::| ii "The Court require the note and bond to be produced for tlie inspection of the " Judges, a rule \v!>ich it is presumed was intended to prevent fraud and maintain '•'unsullied tlic character of public justice. And when your Conunittee consider *' the irregularities disclosed in tlictie ))rocecdings, and an attempt to justify them " by their frequency, they cannot but i'eel that the rule was as necessary as it was ** well intended. '* The following rule of Court was also obviously intended to prevent undue ad- *' vantages and surprise, by the violation of which rule Mr. Boulton had an exeeu- " tion against the Petitioner's lands and tenements, before he could by a legal and "regular course have ol)tained a rule absolute to sanction his proceedings. " Hilary, 47 ( Scott, C. J. \ " Rule 21. It is ordered that in future in all "Geo. III. I Tiioup, J. j "cases by ju" the end of this lerm, the Clerk give no writ of (^ Ai^cocK, ,r. J "execution on a judgment by default, on any ''bond, without an order of Court, in Term time, or the fiat of a Judgj in vaca- " tion." "Mr. Boulton, however, dispensed with any order of Court in Term time, or fiat "of Judge in vacation. " The bond upon wdilch the action was in jiart founded, was a mortgage bond, a "copy of which is annexed. It appears on the face to be collateral security, and " how far, tliercfore, ]Mr. Boulton was bound to suggest breaches according to the " Statute, Your Committee have not inquired. " It appears tliat several applications have been made to the Court of King's " Bench i'or relief, without avail. The refusal of the Court to interfere, M'as not on "the ground that the application had no merits, but on the princijile that the ob- "jection came too late. Your Committee, however, think it right to observe, that "from the course pursued by Mr. Boulton, the Betitioner was deprived of those " notices to wliicb he was entitled by the written law of the land, and the rules of " the Court. "Irregularities may be waived after notice of them by delay, or by taking a step "in the defence; but it would be jjroductive of incaleulalile injustice if all notices "could be sujjpressed, and a suit be clandestinely carried through all its stages at "the sacrifice of all law: and the ruined Defendant should be precluded from relief, " while the Plaintiff sheltered hims(!lf under his own wrong. If this can be law, P " Your Committee would reeoninu'nd a Ijcgislative provision against it, for no Dc- "fendant should be deemed guilty of irremedial neglect when the Plaintiif keeps "liini in the dark by his own wrong. " Mr. Boulton has received his principle and interest upon the bond and note. "The fee of the land mortgaged is also in him, aiul there is no Court of Chancery " lO interfere. Tlic land sold at Sb.erifrs sale undt'r this ju4 for the purpose of his qualification to be returned as a member, in ^^llich he describes the Lot in question, No. 11, as a broken Lot, whereas i>. his petition to the house, he states that he gave Mr. Rc-ulton a mortgage on 200 acres of land He also produces a certificate given by the Deputy Clerk of the Crown ^et'tiu'^ forth various causes conducted to judgment by other Attorneys, e never made any statement of the sort. Mr. Ilornor, M.P.P., called in h) M-'. Randall : — Says that he heard IMr. Randall , ay, lour years aco, that lit. JkleDonald had made the statement respecting the advertisement mentioned above ; but he never heard Mr. McDonald say so. 5rt PI t* lljli Tucsdaij, Feb. 2G, 1828. Committee met again. I'ur.sKNT: Mr, Bciirdslcy, Clmirmiin ; ]\[os,srt". I{oli)Ii, and Attorney (icnenil. Mr. .rusticc ShiTU'imd attended at the rc(|uest of the Cotnuiittee, and heliij:; exii- mined in presence oF the Petitioner, states lie lias been at tlie Falls on the Ottawa liiver; knows No. AO in Nepean : it was sohl at SherilV's sale, at the suit of JNIr. Ii. IJoulton ; Capt. IjeUretoii was purehaser at Sheriff's sale; soon afterwards, thinks within one or two days after, he, Mr. Sherwood, heeanie [pureha>er Iroiu liim of part: thinks the sale was in December, 1820. On the evening of the sale, as bethinks, C'aptain LeI'reton eanic to him at I)rockville, and stated, that a v.aliiable Lot was to be sold at Sherilf's t-ale, situate on the Ottawa, where he, Lc- Breton, resided ; that he wisheil to become the purchaser, but was not sure he had suflicicnt money, at; otiier persons he understood had c(nnc in, intending to buy, and he proposed to Mr. Sherwood to join him in purchase, or to lend hini money to enable him to bu}'. He stated to Capt. LeJheton, that he was not inclined to buy land at that time, but that he wouhi inquire about the lot in question ; that at any rate he would take i)art of tin; lot from him if he bought it, or would advance him the pureiiasc money, if he wudd give him security. Mr. Sherwood was present at the sale, but did not bid. Captain LcBreton bought it; there were other bids, and thinks lands of other persons were sold Oil the same day by the SheiiiJ" in ])resencc of the same bidders. Thinks between tw ";nty and thirty person;-3 attended ■ had seen the Sheriff's advertisement of the sale under ^Ir. Boulton's execution, ))eforc Captain LeBretou came to him, but knew nothing of the partieidar lot ; and a day or two after the sale, he took from Lelireton a conveyance of half his interest in the lot, (an undivided moiety,) and became responsible to the Sheriff for the purchase money of which Captain LcBre- ton subsequently paid his half to ^Iv. Sherwood ; the amount bid for the lot was £449, to the best of bis recollection. He does not know tliat any person united with Captain LcBreton ill the pur- chase at Sheriff's sale, but thinks there was not ; a partition was made some months after he took the deed from Captain LcBreton, a3 tenant in common. Captain LcBreton has sold part of his moiety, as he thinks, to one Bellows. He (Mr. S.) has not yet sold any part of his jiortion, except that he made an exchange with Captain ].el)reton of a small [lart after partition was made. He has laid out the front of his jiroportion of thcLot into small lots, and Cajjtain LcBreton, he has been told, has done the same ; has never understood what price Captain LcBreton has put upon his share of the land. An application Mas made to him, from the Quarter Master General's Office, at the desire, as he understood, of the Commander in Chief, for a purchase of a part of the Lot ; this was some time after the sale to him ; has understood that a proposal was also made to Captain LcBrvon, at Quebec, by the (Jummander in Chief, which, however, did not end in anything satisfactory. Does not know what price Avas offered to Captain LcBreton ; no specific offer was made to himself. Considers the Lot valuable from its situation, affording a good landing place at the head of the navigation, and there is a good mill site, and perhaps several, on the Lot ; the land is in general rough. There is a Town, ho un1 Mr. Kandall came to him (Mr. Sherwood,) at York, and spoke to him respecting the sale, say hi- that he understood the land had been sold, aid tlrvt he was aware that he, Mr Sherwood, owned part of it. Mr. Jfandall appeared to bo cissaisfied with the judgment whieh had been obtained against bin ,^';vina-U^ M. loulton had not treated Jiim well; ho said that he had no knowle ^^cV he ,^lc ti I he was told of ,t during the sitting of the Legislature then in Session, by Mr. Morris or some other jjcrson. ^jwaioii, uy At a subsequent SherifV's sale of m. Kan.kll's lands, at the suit of lAIr. Clark .0, Mr. Sherwood bought No. 11, in Nepean, on the liideau ; does not reeoS hopriec; it was, ho thinks, under £20, nearer ten than twenty; the quantity of land was somewhere about (!()_or 70 aeres ; had this Lot been offered to him in 181G woitli mud, Tore " ''" ^^'''"' ' '"' '" ''''' ^"' ''' ^""^ '' """''^ *'^^'« ^'^^ _ "When ho understood a question had been made out about the land (No 40^ ho ing properly advertised by the Shcrifi; he took pains to inquire ; and so far as he can depend on the statement of the Sherilf, his belief is, that the land was as wcU aclvcr ised as Sherd 's sales usually were then, whieh was before the passinr. ofThc Statute on that head .n 1822, and ir.ore regularly than they sometimes were in ot£ cases: no fact has come to his knowledge to lead him to think otherwise, but the ! reverse. ' Itohcrtnaldwin lOsqulrc, a Barrister and Attorney, attended—Recollects the rule ot Court under which it is stated in the interlocutory judgment in Boulton vs luuidall was signed ;_ was a Clerk in his father's olKce at thc^time the rule spoken <)t was caused to be in force ; the practice was then agreeable to the rule ; whether Kiich practice was consistent with the Statute or not, he could not then ludo-c itemembcrs the cause of Sominers vs. Pettit, in which his father (^V. W Paldwm' Ksqnire,) was Attorney for the Plaintlli; and Mr. 15ouiton for the Defendant : upon reference to his father's docket, he finds that interlocutory i-dgment was si-^Sed unclcr the s;unc rule of Court as in lioulton vs. Randall; knows Mr. Boultoifex- eitea hunsel as much as possible for the Defendant, but the judgment was finally on ered on the assessment. That cause was an important one ^as to value ■ the JuUginent was or abou £500. The interlocutory judgment ia Sommers and Pettit was signed 29th . u y,_ 1820 ; demand of plea was ,,ut up in the Crown Office on - >th duly, and afulavit fyled that Defendant's place of residence in the Home ^iJistrict was not known to the Deponent. Upon questions put to Mr. Boulton } AH. Randall, Mr. Loulton states, that he was retained by Mr. Randall in Ran- dalUj.l helps, and received five guineas, and that Mr. Justice Boulton claimed IM tor his services rendered to j\Ir. Randall when he was at the Bar, which lurmecl pari of the sum for which the bond was given. I Mr. Randall being asked by Mr. Boulton, whether an account, of which a conv lappGars pubhshecUn the ( 'olonial Advocate of June 2G, 1825, was not furnished llvTf A? r?'^f ' ''",^ '''''^'\'' ;•'' ^^'- ^^'^"'''^^'' ^''^^ ""t ^•^^^'^i^e «»ch an ac- icoi.nt trom Mr. Boulton : be says he has no doubt it is. so. Bcincr -j^ked as to Mic iscrviccs specified in that account, he docs not deny they wore reifdered, and docs inot remember whether he ever objected or not to any of the chai"es made I GO l!| i m Mr. BouLTox to ^Ir. Handall. York, 8tli July, 181{>. Sir, — From wliat lias occurred, I suppose you do not wish uic to advocate your two caused at the next Assizes: if that is tlic' case, I should wish to know it im- mediately, as it will save me some trouhle. Indeed I am not very anxious to be the advocate of a person who is so very illiberal in his sentiments, because I sh6ul(l expect (from the sjiecimen in your former letter,) that should all my cfForts prove of no avail, you would accuse me of not sufficiently exerting myself, and allowing the other side, from improper motives, to obtain undue advantages. At all events, in order that I may not subject myself in future to the like treat- ment and similar observations, I shall expect the fee with my brief, to be advanced which will preclude all misunderstandings. If possible to be procured, youshouldhave the original note upon which the judg- ment in Mr. Clark's suit was obtained. You had better write to some of your friends in Montreal, to apply to the officer of the Court for it, who perhaps will give it up. Your obedient Servant, II. J. BOULTON. To Robert Randall, Chippawa. ;! 11!' York, May 24 th, 1819, Sir, — I received your most extraordinary letter of the 17th instant, by Mr. Sraitb, ■which if there is any meaning at all to be given to it, is a very impertinent one, and such a one as I will not permit you or any other client to write to me with impunity. I would have you to understand, that I am not rendering you any pro- fessional assistance from what you may fancy popular reasons, and therefore any further than my duty to my client prompts me, I do not care a farthing about you, You gave me what I expected at the time, to be a security for £100 ; half for my own iaenefit, and the other for my father's. This security I find not worth half s dollar per acre, as there are no inhabitants in the Township. In addition to which, I have your note for £25 due on the first of this month, both of which sums, with interest, amount to nearly £140, and the security I have, independent of your personal responsibility, is not sufficient to guarantee the payment of one half that sum : and as I am not looking to the result of your business, as you call it, for my payment, I insist upon having the money, long due to me for my services already performed, paid or secured in a sufficient manner, "Were you unable to do either, I should not perhaps expect or wish it, but in proportion as you oppose giving me what I have a right to, so in proportion shall 1 insist on it, as you can have no honorable or just reason for withholding it. If you will pay me down £50, so as to lessen the bui then upon the land, I will accept it, and let the remainder stand as it does, I return the cognovit for your signature, and patiently wait the return of the post. Mr. Jarvis, I fancy, will hand you this, who will give you a receipt for any money you may pay him. You may be certain I shall not retract one farthing, Your obedient Servant, H. J. BOULTON. Mr. Randall, Chippawa. M The Commit 53 I' " There ia, however, no evidence to shew that Mr. Boulton was concerned in the " sale or the purchases. *' Your Committee have to remark that ^Ir. Boulton was conducting a cause for '•himself against his own client; and when they consider the nature "of the debt, "the fjreat and multiplied irregularities by which the judgment and execution were "obtained, the great value of the property sacrificed, and the expensive and fruit- " leas endeavours of the Petitioner to obtain a reversal of the proceedings, they do "not hesitate to recommend relief. Independent of the interest of one of the Jud- "gcs, it appears that the Court of King's Bench, if they set the proceedings aside, "could not afford adequate relief, and therefore Your Committee have reported a " Bill enabling the Honorable Mr. Justice Willis to inquire into the matters alleged " in the petition, and to do justice between all the persons interested. The Chief "Justice is not included in the Bill, as it is publicly reported that he is about to " visit England ; and, under such circumstances, the object of the measure might " be defeated, and the ends of public justice not be answered, if he were included, " Mr. Boulton complains of Mr. Randall for having misrepresented tlie value and "quantity of the land mortgaged to him; and the Committee have annexed the " evidence and documents adduced in support of the charge. " All which is respectfully submitted. (Signed,) " B. C. BEARDSLEY, *' Chairman." No. 47. Proceedings of the Select Committee. [Prom U. C. House of Assembly's Journals, 1828.] The Committee on the petition of Robert Randall, Esquire, met in the Joint Committee Room, February 13th, 1828. PnEBENT : Messrs. Attorney General [now Chief Justice Robinson], Matthews, Rolph and S Bidwell. Dr. Lcfferty attended, and was examined : — He states that he was present at the Assizes for Niagara in 1818, where a cause of Randall vs. Phelps w>\s stated to have been entered for trial— Mr. Justice Boul- ton presided— saw Mr. Randall there— does not know on what day of the sitting of the Court it was. He was going from the Court House to Town for his wit- nesses,— understanding that Mr. Boulton (the Solicitor Genoral,) was going to call the cause on. While he was absent Mr. Boulton did call the cause on, and the Judge declined trying it, on tlie ground that he had been Attorney for the Plain- tiff, and had instituted the action,— Di. LefFerty then left the Court House and went to Town, and meeting Mr. Randail on the way, told him that his cause would not be tried ; at which he appeared much dissatisfied, and said he had that morning given Mr. Boulton his note for 100 dollars for coming over to conduct his trial — Mr. Randall went into Court, and in his presence urged the trial of the cause, but the Judge positively declined. The Judge being pressed by Mr. Randall said he had objected to taking that Circuit, because he was unwilling to try that cause-r- knows that Mr. Randall paid somethinff more than 40 dollars to an Innkeeper at Niagara for the expenses of some of his witnesses. Mr, Randall produces a letter from Mr. Boulton, said to have been received Ist 54 May, 1819, (marked F.)— nlao a let! r A-om Mr. Boulton, dated May, 1819, (marked G.) — also a letter from Mr. Boulton, of 8tli .Tiily, (marked H.) — also a copy of a letter from himself to Mr. lioulton, dated June 29th, 1819, (marked L) — thia letter he states he sent by one Jacob Dawn, to York ; alao a paper marked K, certified by the Deputy Clerk of the Crown, as being a correct schedule of the original papers in the cause oi" Mr. Boulton vs. Randall — was served, with process, on 22nd June, 1819, and on the 29th June, wrote that letter marked I. — He saw Mr. Randall at the Assizes, in August, 1819, but did not speak to him respecting the suit. pi I February 2\st. The Committee met again. The Petitioner attended. Dr. Leffertji again called in and examined : — Says, he remembers in 18 IG, Mr. Justice Boulton, then Attorney General, con- ducted the trial of the same cause of Randall vs. Phelps — A nominal verdict was given and the cause referred to arbitration — no award was made, and it was tried at the next Assizes for Niagara. Mr. Randall states to the Committee that a different lot from that mortgaged to Mr. Boulton was sold in execution to satisfy his debt, which Mr. Boulton says he has no doubt might have been, for he gave no particular directions to the Sheriff on the subject. William Morris, Esquire, called in and examined by Mr. Randall : — Says, he has no acquaintance with Mr. LeBreton — knows Lot No. 40, in Ne- pean — called Point Nepean — heard it was sold either to Captain LeBreton, or Mr. Sherwood, now Judge Sherwood — Mr. Morris's brother attended the sale — it took 5 lace at the Court House in Brockville, Nepean, being then part of the District of ohnstown — does not remember how long he had heard of the sale before it took place. He authorized his brother, being at Brockville, (Alexander Morris,) to bid as much as jE300 for 't ; he afterwards found that his brother had gone as far as £449 for it, but not liking to go further, it was bid off to Captain LeBretpn or Mr. Sherwood for £450. Being asked by Mr. Randall whether he did not tell him, Mr. Randall, during the last Parliament, that he had only heard of the sale the night before it took place, answers that it was impossible, as he had himself walked to point Nepean, (50 miles,) to see the Lot before the sale, and had in consequence sent the direc- tions to his brother. A Sheriffs notice of the sale was put at his, Mr. Morris's shop door in Perth, which is as public a place as any merchant's shop in Perth ; it was put up as notices always are, on the inside of the door ; knew nothing of the intended sale till he saw that notice — he went down, in consequence of a conversation with Dr. Thom, who had received information from ,^ouie person on the Ottawa, fchat Point Nepean was a valuable situation, and they consequently both went on foot to see it ; after his return he wrote to his brother, by i)ost, the instructions spokeii of, and he thinks that the sale took place a few days after, but he docs not distinctly recollect the time. Had he been present at the sale, he thinks he would have given as high as 700 or 800 pounds for it. If the property had been his, he thinks he would have been reluctant to have taken £2,000 for it. Captain LeBreton was at the sale ; and his impression has always been that Mr. I 55 Sherwood cither participated in the purclmso or nssistcd Captain LeBreton in making it : but he knows not how the fact really was. The ShcrifF was John Stuart, Eaquirc, who is still Sheriff of the District of Johnstown ; he is brothcr-iu-liiw to Mr. Sherwood, and to the Solicitor General. Tliinka Mr, Slicrwood knew nothing of the value of the Lot until he was ap- plied to by Captain LcUreton to join or assist him in the purchase. Neither saw nor heard of any other notice of the sale in Perth, or the neighbor- hood, or in the neighborhood of the Lot — has never conversed with any of the Messrs. Wrigijts, of Hull, about the Lot — thinks they had no knowledge of the intended sale — found at Morris's Run, about five miles from the Point, that they were ignorant of it. The notice of the sale was not likely to have attracted the attention of people in general, as the Country was then so little known. He considered the place of gre value, from its situation with respect to navi- gation and water privileges, but not nora any idea or knowledge he had of any great expenditure being likely to be made there by the Government, further than building a store or two for the reception of emigrants. He meant, if he had bought it, to have given two or three acres to the Govern- ment for such a purpose. Thinks the Lot not worth so much now as it was then, from an establishment which has been made on a neighboring Lot by the Govern- ment since ; which has occurred, it is understood, from the refusal of Captain Le- Breton to part, on reasonable terras, with the Lot or part of it, for the purposes of the Government. high as 700 id have been Friday, February 22nd. The Committee met again. William Morris called again and examined'; — Asked, what sum he would have taken for allowing any person to select an acre from the Lot at Nepean Point, had it been his ? — Says he would not have taken less than £500, and perhaps not that sum — because the best mill seat would probably be selected; there arc several mill seats on the Lot. Seven years ago, a village was laid out upon the Lot in question by the present proprietors — does not know what] number of houses are built there, but thinks not more than three or four. The Attorney G cncral [Hon. John B. Robinson], examined :— Was retained in 1817, to defend Elijah Phelps against Robert Randall, in which a verdict had been rendered in favor of Randall at the preceding Assizes, for £10,- 000 — that verdict was set aside and a new trial granted in October, 1818. He was present as Counsel for Defendant at Niagara — he rode part of the way with I^r. Justice Boulton on his way to the Assizes — it was in October, 1818 — cannot say where he staid at Niagara. He knew no more than any stranger in Court that the Judge intended not to try the cause mentioned above — that he went as Counsel prepared for the defence, when the Judge refused to try it, The Solicitor General seemed annoyed at it, and so expressed himself to him, (the Attorney General), and thought it an unnecessary i scruple on the part of the Judge ; that he had been the PlaintiflTs Attorney in the suit : but the Attorney General thought otherwise, and expected such refusal, though as unapprized of it as any stranger. In the course of conversation the Judge might have expressed his reluctance to try the cause, and he has an indistinct recollection I of its being the case about the time of arranging the Circuits ; but he has no reason to think that the Judge had positively made up his mind when he left York. !,,) . IMAGE EVALUATION TEST TARGET (MT-3) S" MPr & 1.0 I.I If IM 2.5 12.2 2.0 1.8 1.25 1.4 1.6 .4 , 6" ► ^-^ Photographic Sdences Corpordtion 23 WEST MAIN STREEf WEBSTER, NY. 14580 (716) 872-4503 « •sj§ \ iV 9> ^ :\ \ "^ 6^ » ^9,'- 'h ■ I I I ■! iiriin WffWMWiWiif^iWii'ii^t'i'-'is^if til i .a^itm'i 56 l> vm 1 s. ^M n- The Solicitor General said that Eandall had come with the intention to have it tried — that he himself had come with that expectation, and only for that cause., and that it would be a vexation to Randall. He waa never retained by Mr. Boulton as his Counsel upon any of the applica- tions made by Mr. Randall to set aside the proceedings in Boulton vs. Randall. That either on the application of Mr. Stuart or Mr. Rolph, or both, he did, at the request; of the Solicitor General, the grounds of objection which he stated to be against the motion, and perhaps engaged in answering the rule Nisi That the Soli- citor General applied to the Attorney General, to oppose the Writ of Error, and he would have done so had he been present. He suggested to the Solicitor General not to object to the legality of the Writ in error, but to allow the irregularities to come into discussion in that shape before the Court, if the Court did not themselves object to it. To this the Solicitor General assented. But as the Attorney General then went to England, is not acquainted with the further progress of the matter. The cause of Randall vs. Phelps, was tried at Niagara, in 1819, before Powell, C. J. and a special Jury. Randall in person pleaded his own cause, and not by the Solicitor General, who was not present. He heard Randall, in pleading his own cause, say that he was abandoned by his Counsel, the Solicitor General [Hon. Henry J. Boulton], and has no doubt Mr. Randall appealed to the indulgence ol the Court upon matters of law, under the circumstances in which he was placed. The cause was called on Jit the request of Mr. Randall himself ; that he thinks it likely the Judge told him, Randall, that every legal advantage should be afforded to hira. The cause went off upon no legal objection ; but it went to the Jury on the evidence ; the Chief Justice charging strongly in favor of the Defendant. Saturday, 23rd. h • ' The Committee met. Mr. Randall attended. Mr. Morris again examined : — There were but four or five inhabitants in the Township of Nepean at the time of the sale, and these, he thinks, were what are called squatters. The river Good- wood empties into the RiJeau ten or twelve miles from the mouth of the Talter; thinks there was not an inhabitant on the river Goodwood nine or ten years ago. Had he never seen any particular Lot on the Rideau below the river Goodwood, which might have been advertised for sale, he would not have given much for it — it is good land, however, and thinks it would now be valuable. At the time spoken of, in 1819, thinks land so situated would have been worth about seven and six pence per acre, though now it is worth five or six dollars — would not have thought eighty acres in that situation a good security for £100 ; there is no mill seat on the Rideau ; on the place spoken of it is dead water. Mr. Boulton attended, and produced to the Committee a mortgage from Mr. Randall to him, dated March 17, 1817, which is the same referred to in the bond on which judgment was entered. The mortgage is upon Lot No 11, in the first Con- cession of Nepean, on the Rideau, for £100 ; to be paid 1st January, 1818. The Lot is said in the mortgage to contain 200 acres. Mr. Boulton produced a certifi- cate from the Surveyor General, that the lot thus mortgaged contains only 78 acres: and that the patent to >.xr. Randall described lots Nos. 10 and 11 in the first Con- cession as containing together only 100 acrep, and Mr. Boulton calls the attention 57 I n to have it t cause, and the applica- vs. Randall. I did, at the stated to be lat the Soli- rror, and he General not tics to come themselves ;ed with the Pore Powell, i not by the ing his own neral [Hon. Igence ol the laced. The nks it likely •ded to hira. Fury on the It. t the time of river Good- the Talter; I years ago. Goodwood, ch for it — it time spoken iven and six ave thought 1 scat on the ;e from Mr. the bond on le first Con- 1818. The jed a certifi- dy 78 acres: c first Con- ;he attention of the Committee to the circumstance that in the mortgage. Lot No.* 11 only was stated to contain 200 acres. Mr. Boulton also produces an affidavit of Mr. Randall, sworn the 6th July, 1824, for the purpose of his qualification to be returned as a member, in which he describes the Lot in question. No. 11, as a broken Lot, whereas in his petition to the house, he states that he gave Mr. B(^ulton a mortgage on 200 acres of land, lie also produces a certificate given by the Deputy Clerk of the Crown, setting forth various causes conducted to judgment by other Attorneys, viz. : — Fothergill vs. Brice ; Somers vs. Petit; Heron vs. DeWitt; McNider and Forsyth vs. Clarke ; in which the proceedings were precisely such against the Defendants residing out of the Home District as in the case against Mr. Randall. And he remarks that, in the case of Mr. Somers vs. Petit, in which Mr. Baldwin was Plaintift''8 Attorney, and judgment by default was obtained in the same man- ner, he (the Solicitor General) was Counsel for the Defendant, and did all he could to obtain relief against the judgment, but in vain ; and the judgment was confirmed. Mr. Beardsley, a member of the Committee, and also a Barrister and Attorney, states that it is perfectly notorious that tlie practice was so under the rule of Court, and that he heard many cases where the judgments were so obtained. Mr. Boulton also produces his dockets, showing that his proceedings for clients in similar cases were precisely such as took place in his action against Mr. Randall. In particular, he shows a cause in which he was PlaintifTs Attorney for James Samson, Esquire, against the Hon. William Dickson, a Member of the Legislative Council, whose residence in the Town of Niagara was known to every person, in which cause the proceedings were just such as those of which Mr. Randall complains. Mr. Boulton also produced a writ, certified by the Clerk of the Crown, of judg- ments against Mr. Randall in other causes which were depending against him at the time he pressed the payment of his bond ; among these is a case of Thomas Clark vs. Robert Randall, in which judgment was obtained for £415 13s. O^d. In this case, the Attorney General was concerned for the Plaintiff, and as he states that Mr. Boulton had obtained judgment against Mr. Randall a short time before Mr. Clark's could be entered up — and that he looked into the proceedings with a desire to set them aside if he could, to prevent his obtaining precedence of Mr. Clark, but finding them in accordance with the ordinary practice of the Court, as it appeared to him, he concluded there was no ground. Mr. McDonald, M P.P., called in, and examined: — Mr. Boulton related to him that Mr. Randall had informed the Committee, that he (Mr. McDonald) had stated to Mr. Randall, that the advertisement of the SherifTs sale of Mr. Randall's Lot, was put up with the face to the wall, and on the back written " a watch to be raffled for,'' and Mr. Boulton asks Mr. McDonald if the fact was so, or if he ever stated such a thing to Mr. Randall. Mr. McDonald states that he never saw, never heard of, or saw any thing of the kind, and never did state any such thing to Mr. Randall ; at least, that he would swear that to the best of his recollection he never made any statement of the sort. Mr. Hornor, M.P.P., called in by Mr. Randall : — Says that he heard Mr. Randall say, four years ago, that Mr. McDonald had made the statement respecting the advertisement mentioned above ; but he never heard Mr. McDonald say so. }-i li ':fM • it •"; '' it M m III. Comraitlcc n,ct ag„:„. ^"""'''^' ^'''- ^^' '828. think, withii, one oVV ''f "" ^^'"^ purcl.ascr at S e Hff 't f' "' *''' ^^"'^ ^^" ^^••• aa he tlLkV cintaji 7 't "'"' ^" l>ecember. ?82o On ft ''"' ' '"'■'='"^^^'' ^''^'n valuable LoAv-^Sl?^ ''-""^ *« him at BrocI v^. 'T"^ "'' ^^'« ««J«' Breton, reJded t In to '^^ I' f'''"^'^ ^«J«. ^'tua^e on JSe O to '"'^ ?''^' ^^'"' « sufficient money' a, n.J "'"'''"^ *° b^^'''"^ the purchaser hut "' '^^'""'^ ^'^' ^^• and he proposeTtoU «, P"'''^"« ^« understood ScorT' ^'''' ""\'"''« ^« ^'^d to enabfe K to buv ' 11^77°? *° •'«''' '"'» i" P chase or l'"/":.''"^ *" ^"^' buy land at Vhnf 7' Y"^ ^'''^^^'^ *» Capt- LeBreton f?.' . u ^^""^ '^'"^ nioney He does not know fl.of ov, chase at Sheriff'" s^Vh,,,?-^ r''?" ""'^^^ ^vith Captain I oB...f • , ile has laid out the fronfnf i • . r'^'^'"on was made. *= of theCoZl'lSincTh^ ^^"^'-^^'^ Office, at t'he l.;'^'^'^''\'''" ^^'«^ '"^^^ time after The SL^'f' ^«^- « Purchase of a nit '^^ "*' ^? ""'^"''^^o^d' near it called R?? " ^''"^''^' ^^"gh. There isT Tn ' u^ Pf ''^P^ several, on been Wt'b!.'"„t''a<^ -" ?? "", ''"'■ H'^^Crti„^:\,::^\\''"^Y-^»^ ^0 find boii)^ exa- <"i the Otfavvii lie suit of Mr. >n afterwards, )urcl)aser from ig of the sale, stated, that a vhere he, Le- t sure he had Jding to buy, fl hina money pt inclined to in question; it) or would in LeBreton ns were sold nks between ment of the to him, but e took from 'oicty,) and ain LelBre- tlie lot was n the pur- me months Berry ,„ the ho„so fir,, spoken „f '" '"'"" ''"'" """"= ' »"» Firth is living S To questions put bv Mr T\ u intended to be lipt seeret "byTheSher^'' h'^'l ^' ^l'' understood the sale was advertisements to Nepean and Perth Tn^nf ^T^ '^' ^''^""^ '^y that heMJ Jdea that the Sheriff Was at all aS^ o? tho vT'^'K ^f'r' "^ *^« district : ha no W not .ng of it till informed :rit\;' Stl^ ' ''^ '^°' ''^' '' '' ^« (^^^ « ) -pectin,\&^;i; -- -^^ ^^^ was aware that he, Mr. Shcrwon """'^'f"^'' ^\^ ^md had been sold, and that iT^ d ssatisfied with the judgm "^^1 Zl f!!''' t ' ^'Z- ^^^"^''" W-e 1 t be it n?f °" ^'^' r* t'-'^^ted him wo I he s. d tf m"''^. T'"^* himV saying tha? sale till he was told of it during tl c sit iL nM^'''T ^'°. "'* "« knowledge of the Mr. Morns or some other person. ^ "'^ ^'^^ Legislature then in Selsion, by i.;^;^ s£S; SK n^ t^-'^«"'3 lands, at the suit of Mr Clark the price; it was/he thinks, u'de' £20 ^S T '\'^ ^"'"'" ' ^«^« not r eotct land was 0^,^^^^^ about GO or 70 acre's hadtZ-^T^'fr ''''''''y' '^^ Quantity of :^^:^:i z^^ -^ ^- -- ^ ^^^^^''^trtt^^s^t!: ^i i" WSS t.;StS^- -f -* «^-^ the land (No. 40) be- can depend on the statement of d e S LiH" T^fTl •" '",^"'^^' "'^d\o far as he advertised as Sheriff's sales usua Iv were Ln ^'^f ''' ^^'''' *''« ^^nd was as tell Statute on that head in 1899 1 1^ ?' '^^"''h was before the vas^\,Jr,elt ~o .ct has co^ ^ ^^-f:^ - -~£s:gg auch practice was conSt wi h^X S^r/'^'" "^'T^^^ ^ Remembers the cause of Sommers J. Petti "•' ^'?°*V^%^«"1J not then judge Esquire.) was Attorney for trPk'ntiff an^^^^^^^^ "tt '^'^/''ther (W. W. Ba ffir,' reference to his father's docket he fiS ^1 f • ?"1'^*'*" ^""^ *h« Defendant : uDon un er the same rule of Courtis nSltt'lrStT ^^'^T^^ -« -S eited lumself as much as possible for thrDpJn;^ i^andall; knows Mr. Boulton ex- en ered on the assessment. T at ca^se waf "n" ' ' ^"/ '^' J"^°'"^"* ^^as finalt judgment was for about £500 'Afin^ '.n^nortant one as to value • the was signed 29th July, 1820 dcm nd of" il '^ J"'^^'"^'"* "^ Sommers and Petti? ^p :=s^i^ t^^S^- ^- ^zf^ 'erviocs s|,»Si° W ; ' ' Tl ''■" "" ''""''" "' '» ""■ U^ing Xl t to tT." , t' ) . ' '' I I / ; 60 '(. ii'. m ^^Hl'' ' 'f: , SI Mr. BouLTON to Mr. Randall. York, 8th July, 1819. Sir, — From what lias occurred, I suppose you do not wish mo to advocate your two causes at the next Assizes: if that is the case, I should wish to know it im- mediately, as it will save me some trouble. Indeed I am not very anxious to be the advocate of a person who is so very illiberal in his sentiments, because I should expect (from the specimen in your former letter,) that should all my efforts prove of no avail, you would accuse me of not sufficiently exerting myself, and allowing the other side, from improper motives, to obtain undue advantages. At all events, in order that I may not subject myself in future to the like treat- ment and similar observations, I shall expect the fee with my brief, to be advanced which will preclude all misunderstapdings. If possible to be procured, you should have the original note upon which the judg- ment in Mr. Clark's suit was obtained, louhad better write to some of your friends in Montreal, to apply to the officer of the Court for it, who perhaps will give it up. Your obedient Servant, H. J. BOULTON. To HoBERT Bamdall, Chippawa. York, May 24th, 1819, Sir, — I received your most extraordinary letter of the 17th instant, by Mr. Smith, ■which if there is any meaning at all to be given to it, is a very impertinent one, and such a one as I will not permit you or any other client to write to me with impunity. I would have you to understand, that I am not rendering you any pro- fessional assistance from what you may fancy popular reasons, and therefore any further than my duty to ray client prompts me, I do not care a farthing about you. You gave me what I expected at the time, to be a security for £100; half for my wn benefit, and the other for my father's. This security I find not worth half a own dollar per acre, as there are no inhabitants in the Township. In addition to which, I have your note for £25 due on the first of this month, both of which sums, with interest, amount to nearly £140, and the security I have, independent of your personal responsibility, is not sufficient to guarantee the payment of one half that sum : and as I am not looking to the result of your business, as you call it, for my payment, I insist upon having the money, long due to me for my services already performed, paid or secured in a sufficient manner. Were you unable to do either, I should not perhaps expect or wish it, but in proportion as you oppose giving me ■what I have a right to, so in proportion shall 1 insist on it, as you can have no honorable or just reason for withholding it. If you will pay me down £50, so as to lessen the burthen upon the land, I will accept it, and let the remainder stand as it I does. I return the cognovit for your signature, and patiently wait the return of I the post. Mr. Jarvis, I fancy, will hand you this, who will give vou a receipt fori any money you may pay him. You may be certain I shall not retract one farthing. Your obedient Servant, H. J. BOULTON. Mr. Randall, Chippawa. 61 Charles Fothergill, vs. Peter Bice, of the District of Newcastle. loiu t"1^' 1819.-^ppearance entered, per Statue 60 Geo. III. 1 7 t l^Z' 1 «iT^^ rf ""^ "«n-J-esidence of debt fyled with a demand of plea. 17th July, 1819.— Interlocutory Judgment fyled. ^ GEOEGE S. BOULTON, for Plaintiff. Absalom Sommers vs. Thomas Pettit. I«Iu t"!^ \l^S;~^J!E?''*'^"''';P^'' ^*^*"t«' ^"*ered by Plaintiff for debt. Jbth July, 1820.— Aftidavit of non-residence sworn, and demand of plea put up in the oiface. r r i 29th July, (b.— Interlocutory Judgment signed, for want of a plea. Michaelmas Term.— Motion for new trial on payment of costs refused. Verdict £490. W. W. BALDWIN, for PlaintifF. ■.iyjy Heron vs. Dewitt. • 10th January, 1820. — Appearance per Statute. 25th January, do.— Demand of plea put up in the office. Affidavit of non-residence allowed in bill of costs. 31st January, do. — Interlocutory Judgment signed. Notice of Assessment of Damages put up in the office. W. W. BALDWIN, for said PlantifT. Adam L. McNider and John Forsyth vs. John Clark, do. debt on bond, I xloO. JOHN B. KOBINSON, for Plaintiff. 16th January, 1821.— Appearance per Statute. 22nd January, do. — Interlocutory Judgment upon an affidavit of non-residence, and demand of plea, as appears by the bill of costs. 24th March, 1821 — Final Judgment signed without any rule to refer bond to the master or assessment of damasres. I certify the above proceedings to be correct, as appears by the papers now in the j Crown Office. JAMES E. SMALL, Deputy Clerk of the Crown. I certify that the broken Lots, Nos. 10 and 11, in the 1st Concession on the KiverRideau, in the Township of Ncpcan, were given in the grant to Robert ttandall. Esquire, containing 100 acres. By the plan, they appear to contain 9 62 Bomcwhat more, that is to say, the broken Lot, No. 10, about 50, and the broken Lot No. 11, about 78 acres. THOMAS RIDOUT, Surveyor General. Surveyor General's Office, York, 14th February, 1828. TO WHOM IT MAY CONCERN. I, Robert Randall, of the Township of Stamford, do swear that I truly and bond fide have such a freehold estate situated in the following places :— the place known by the Bridgewatcr "Works in the waters of the Niagara River, between the mouth of the River Wclland and the Great Falls in the Township of Stamford, District of Niagara ; four frame dwelling houses, under two stories, with not more than two fire places; twelve hundred acres of land, being the North part of the Lots Nos. 15, 16, 17, 18, 19, and 20 on the South side of the River Wclland, in the Town- ship of Wainilcct, District of Niagara ; compensation allowance for the destruction of the Bridgewatcr AVorks in the late war with the United States of America, detained inlhe hands of this Government by my order, (four thousand pounds) ; seven hundred and twenty six acres of land, Lots Nos. 38, 39, and 40, in the first Concession from the Grand or Ottawa River, and the broken fronts of said Lots, in tlic Township of Ncpcan, in the County of Carlcton, District of Bathurst ; 450 acres of land, broken Lots Nos, 10 and 11 in the 1st Concession ; Lot No. 11, and the easternmost or front three-fourths of Lot No. 10, in the 2nd Concession, upon the River Ridcau, Township of Ncpcan, County of Carlcton, District of Bathurst; 400 acres of land, Lots Nos. 11 and 12, in the 8th Concession of the Township of Matilda in the County of Dundas, Eastern District ; 400 acres of Land, Lots Nos. 10 and 11, in the. 6th Concession of the Township of Young, County of Leeds, District of Johnstown, over and above all incumbrances that may effect the same ; and am otherwise qualified according to the provisions of the law to be elected and returned a ^Member of the Commons House of Assembly, according to the tenor ^nd true meaning of the Act of Parliament in that behalf ; and that I have not obtained the same fraudulently for the purpose of enabling me to be returned Mem- ber to the Commons House of Assembly. So help me God. (Signed,) ROBERT RANDALL. Sworn before me, at Stamford, in the County of Lincoln, in the District of Niagara, this 26th day of July, 1824. (Signed), RICHARD LEONARD, Returning Officer. District of Niagara. I'!l i, pi I, Richard Leonard, Esq., Returning Officer for the County of Lincoln, in the District aforesaid, do certify, that on the 26th day of July inst., Robert Randall, of the Township of Stamford, did duly make and snbscribc before me. Returning Officer as aforesaid, the within written oath of eligibility. Given under my hand, at Stamford, 31st day of July, 1824. (Signed), RICHARD LEONARD. Retuning Officer. 1 certify that the foregoing arc true copies of the oath of eligibility of Robert G3 1 the broken Randall, Esq., and of the certificate of Richard Leonard, Esq., the Returning Of- ficer, now fyled of record in the Crown Oflic(\ In testimony whereof, I have Iiereto set my hand and affixed my seal of office, this 8th day of February, in tlie year of our Lord, 1828. JAMES E. SMALL, Deputy Clerk of the Crown. Know all men, by these presents, that I, Robert Randall, of the Township of Stamford, in the District of Niagara, gcntlemo,n, am held and firmly bound to Hen- ry John Bpulton, of the Town of York, in the Home District, Esq., in two hun- dred pounds of lawful money of Upper Canada, to be paid to the said Henry John Boulton, or his certain Attorneys, executors, administrators or jxssigns, for which payment, to be well and truly made, 1 bind myself, my heirs, executors and admin- istrators, firmly by these presents, sealed with mv seal, and dated the 7tli day of July, m the year of our Lord, one thousand eight hundred and eighteen. Whereas, by an indenture bearing date the 17th :March, 1817, the said Robert Randall, mortgaged unto the said Henry John Boulton, all that parcel or tract of land, situated, lying and being in the Township of Nepean, in the District of Johnstown, containing, by admeasurement, 200 acres, more or less, being Lot number 1 1 , in the Ist Concession, (on the Rideau) of the said Township of Nepean which is more particularly described in the original grant from the Crown, of tlic said parcel or tract of land, to the said Robert Randall, and wiiich said indenture of mortgage is meant as a security for the due payment of the sum of £100 of lawful money ofljp- per Canada, by the said Robert Randall, to the said Henry John Boulton, with lawful interest from the date hereof, and, whereas in the said indenture of mortgage, there is not contained any covenant for the due payment of the said sum of £100, as aforesaid, according to the true intent and meaning of the said parties, now the condition of this obligation is such, that if the above bounden Robert Randall, his heirs, executors, or administrators, do and siiall, well and truly, pay or cause to be paid unto the above named Henry John Boulton, his heirs, executors, or adminis- trators, the full sum of £100, of lawful money aforesaid, with lawful interest for the sanie, from the 17th March, 1817, on the 1st day of January, next ensuing the date of the above written obligation, then this obligation shall bo void, otherwise the same shall remain in full force. ROBERT RANDALL. Sealed and delivered in the presence of JAMES BOULTON. G. S. BOULTON. ' l ■'il l^Copy of the Promissory Note.'] For value received I promise to pay Henry John Boulton, Esq., or order, the sura of twenty-five pounds, seventeenth October, 1818 — payable Ist May next, R. RANDALL. I certity that the preceding paper writing contains true copies of a bond and a promissory note, fyled of record in the Crown Office, in the cause of Henry J. H„..u._ Vg^^jj-g^ against Robert Randall. Boult on. I . ru 64 In testimony whereof, I have hereto set my Ilanil and affixed my Seal of Office, this seventh day ot February, 1828. ' JAMES. E. SMALL, Deputy Clerk of the Crown. ■ No. 8. A list of property on which Robert Randall declares hia eligibility as a Candidate to be returned to the Commons House of Assembly as a Representative :— The place known as Bridgewater Works, on the waters of the Nia^rara River between the mouth of the River Welland and the great Falls, in the f ownsh p of Stamford, district of Niagara. ^ eacli £35™° dwelling houses, under two stories, with not more than two fire-nlaces lo^'^n^ "^'■f °^ ^''1'^' ^""^"S ^^^ ^"•"^^" P«"-t of the Lots! NumbeVsV 15,*i6," 17.* 18, 19 and 20, on the South side of the River Welland, in the Township of Wainfleet, District of Niagara ^ 240 Compensation allowed for the destruction of the BVidgewaVer Works' 'in the late War with the United States of America, detained in the hands of this (jovernment, by my order 4 qqq 776 acres of land. Lots No. 38, 39, and 40, in the"'l'st'Co'n'c'e8'8'i'on',"fro'm ' the brand or Ottawa River, and the broken fronts of said Lots in the Town- ship of Nepean, County of Carleton, District of Bathurst... 155 450 acres of land, broken Lots, No. 10 and 11, 1st Concessio'n 'Lot'No. U, and the Easternmost or front three-fourths of Lot No. 10, in the second concession upon the River Rideau, Township of Nepean, County of Carle- ton, District of Bathurst an 400 acres of land, Lots No. 11 and 12, in * t'he" 'eighth 'Conc'ession 'of the Township of Matdda, County of Dundas, Eastern District 80 400 acres of land. Lots No. 10 and 11, sixth Concession of the Townshi'p ot ronge, County of Leeds, District of Johnstown gO Total, 3226 acres assessable property— amount of rates, £736 ^. . ^ , ROBERT RANDALL. Chippawa, July 26, 1824. n,pnf nf f{ tte paper writing marked No. 1, hereto annexed, is a correct state- ment of the proceedings in the cause wherein Henry John Boulton, Esqufre is bL mafk^L^^.^''? ^r'^f' ^^'l"^^?' '' Defendant /and also that th Srwri- nfflrW f ' ^i'° hereto annexed, contains true copies of the appearance paper, affidavit of non-residence, and demand of plea-and the interlocutory iudS E;;Scaise""" " record in the Crow^SVcffn the ♦V,;!V^f !i™°°^r ^^^^«°^' .1 J^f^e hereto set my Hand and affixed my Seal of Office "eighl^'^"^"^^^^ " ^'^ ""''' '' ^"^ ^"^^ -« ^»— d eigL hlredt'd JAMES E. SMALL, [o. r.] Deputy Clerk of the Crown. Henry , The Plainti Ini Appeared.- 65 No. 1. __ _ In the Kino's Bencu. IlENnv John Houlton. riaintifr^ rnrrrt; „„*• ^^ "N, 1 laintiM. » I'll IS action was commenced bv a Writ of Robert Handall, Defendant I th. n'^TJ'' '^ P'^'^ P^^^^*' '«3ucd from ing the fifth day of ju yTth.t vcar T '' ^'^yof Trinity Term, 1819. be- was fyled in the said Crown Office ^n the l^llh r'^'V";**; ^K^i^f ^''^''^tio" """exed, made by Samuel P. Jarvis beforo Trnmn« n- l ^ °^'^u'^' ^^^^' ^^'*'' an affidavit atatinjhat the same Ta'^ertLr^^^^^^^^^ (lay of June, of the same vear On f ho «.W1 i • u i ^ li ^^PO"«"t> «" the 22nd for said Defendant in said cause w^, onf 1 l-^^'' J'^X of June, 1819, an appearance the same day an aL!" t 3e on thol^?, '^'^ "^rT^r'^'^ on Small. Clerk^of the CrowUv i^ie pre nt Honnfjl 1 '^"'^'n ^?J^' '^^^^^^ ^^^n student at law with the sa d HonrJ^Tl ^f"?;''''^^ J^.'^es ». Macaulay, then a denceof the DerencL i^the ZL D^^^^^^ T'"^ '^'\'^' place' of resi- also a demand of plea were fyled ir^hofv' ''^1}'''^''^:'' *° ^^'' I^eponent. and 1819, interlocutorHurment was i.5cd , "rfi^ ^" '^' ^^'!f ^'^^ "^ J"'3^» dred and twenty-five poSs lb' Ind fil ^"^' jfS"'*^" .entered for two hun' Crown Office on the return dav an 1 on tC f ^'' w *' ''".' ^^^^^ '" ^^^ said m^ay^f March, 182.; withVSwirrrr^ ttwd' Z' X- '^'^ r' ^"'^"T ^'^^^^'^ mentioned, whrcfl'havere?dT^^^^^^^^^ the Lord the Kmg, to be rendered to the said Henrv John Bouhnn f.t ik- !! u! and damages aforesaid, as within I am commanded! ^ ' ^°' ^'' ^'^' (Signed,) JOHN StUART, Sheriff, District of Johnstown. No. 2. In the King's Bench.— Trinity, 59 Geo. III. Ti ry^ • •i^'^''"'' "^^ ^^^^^ON one, &c., vs. Robert Randall. Ihe Plamtiff appears for the Defendant in this case according to the Statute. ^ H. J. BOULTON, In person. Ann. ^rT?.'''' *^ «boye.-In B. R.-Boulton, ... Randall. Appeared— Fyled 13th July, 1819. J. SMALL, C. C. H. J. BOULTON f t :" f.; :p"! 1 BPP<^ 66 i. ■' 'i: ■I In the KiNCi's liENt'ir. — Trinity Term, 59, Geo. III. II. J. Rour.Tov, one, &c., ix IlonKirr llANDAi.ri. The Plftintlft'dcmanda n pica in tl:c cause from tlio Defendant by Yours, &c., II. J. BOULTON, Pluintiil' in person. To Robert Randat.i., the nljove Defendant. Jamea B. Mncaulay, of tlio Town of York, f^entlenian, makotli oath nnd saith, that the above named Defendant, Robert Randall's place of residence, in the Home District, is not known to this Deponent. J. B. MACAULAY. Sworn before mo this 13th day of July, 1819. Entered 13th July, 1819. J. SMALL, Clerk of the Crown. J. SMALL. 1'^ I ^K ■■■' K; K' • ■ \% Indorsement on the above. — II. J. Boui.ton, vs. Robert Randai-l. Affidavit of non-residence and demand of plea fyled 13th July, 1819. J. SMALL, C. C. IL J. BOULTON. In THE Kino's Bench. — Trinity Term, 59 Geo. III. Henry John Boulton, vk. Robert Randall. The Plaintiff signs Judgment in this cause by default for want of a i)lea. II. J. BOULTON, Plaintiff. 17th July, 1819. Indorsed on above. — In B. R. — Trinity Term, 59, Geo. III. II. J. Boulton, vs. Robert Randall. Interlocutory Judgment, fyled 17th July, 1819. J. SMALL, C. C. H. J. BOULTON, i*laintiff in person. No. 10. Upper Canada,"* GEORGE THE THIRD, by the grace of God, of the United j Home District. >• Kingdom of Great Britain and Ireland, King, Defender of To wit: ) the Faith. (L.S.) To the Sheriff of the Home District, Greeting : We command you that you cause to be levied of the goods and chattels in your I District, of Robert Randall, as well a certain debt of two hundred and twenty-five [ pounds, which Henry John Boulton, lately in our Court before us at York, re- (17 covered npn.na urn, aa «l.o fivo pounds three Hhillinffs and ci-ht pence which in our sumo c;ourt ,e(uro us were uwur.lod to the Baid Tlenry Jol.n lioulton! br his (lumuf^c., which he had Bustaiucd. as w.ll by oceasiou of thJ dc^r.in ^ « "nil deb the 8a.d Robert Kamhil couvu-.tcd as appears to us of record, and have vou that money be ore uh a \orIc, on tbo Hrnt d.l; of Michu,hnas Tern, ncx^^o r^endcr to the mjul Ilenry J., „^ lu^dum, for his debt and .la.na^es nforesairand have the o and then Ins Wr.t Wunens the Honorable WilUam Duimncr Vowel cV the seventeenth day of July, in the lilty-ninth year of our Kcign ' ' ° II. J. BouLTON.~In person. JOHN SMALL. Clerk of tho Crown. Indorsement on the abovc.-II. J. Boulton vs. Kodeht Randall. Fi. Fa.- Nulla Bona.— The answer of SAMUEL RIDOUT, ShcrifK Return and fyled 1st Nov. 1819. J. SMALL. C.C. i •- I Upper Canada, Home District, &c. (L.S.) J GEORGE THE THIRD, by tho grace of God, of tho < Unued Ivmgdom of Great Britain and Ireland, King, (. Defender ot tho Faith. *" To the Sheriff of the Jolinstown District, Greeting : \Vlierca3 we lately commanded our Sheriff of the Home District that of thp goods and chattels of IJobert Randall, in his District, he should caTse to be made as ^v•ell a certjun debt o two hundred and twenty-five pounds which Henry John Boulton lately ,n our Court before us at York, recovered against him, as dso five pounds three shdhngs and eight pence which in our said Court before ^ were awarded to the said Henry John Boulton for his damages which he had eusta ned IZf y.'^'T'^ '[ '\' ^l<^i^i""'g of the said°debt, as for his costs ami charges by hun laid out about his suit in that behalf, whereof the said Rober Randal was convicted as appeared to us of record, and that he should have that money before us at York, on the first day of Michkmas Term then next to ren dor the said Henry John Boulton for his debt and damages aforesaid And ha he should have then there that writ: And our said Sheriff of the Home District at that day returned to us, that the said Robert Randall had not any ^3 or ch"?! fo.e aid, or any part thereof, whereupon, on the behalf of the said Henry John Randall h'ntif '""t-'^'l^i" Y'^f '"' '"^' '""'^ ^'''''' ^'^'^'^ "^ that the said kbert Kandall 1 ath sufficient lands and tenements in your District whereof you may cause be made the debt and damages aforesaid and every part thereof,^ therfbre we command you that of the lands and tenements of the said Robert Randall in your -Uistrict, you cause to be made the said debt of two hundred and twenty-five S nn,l".l '^ '''''V'' T'"'"^' t'"^^ ^'""'"S^ ^"^ '^Sh' P^"'^^ the damages Ifore- Shi? T ^'" ''"'■" '^^"' money before us at York on the last return day of dam Ir'J '"• 1 "'-^V/' ''''^''' '? '^'' '^'^ ^^«°^'^ J°l^" ^'>"lton for his debt and \ Uamages aforesaid, and have then there this writ. :.iM-&iiS>i«asiSfi; 68 Witness the Honorable William Dummcr T owell, Chief Justice, at York, this firot day of November in the Sixtieth Year of our Reign. JOIIi'7 SMALL, Clerk of the Crown. H. J. BoULTON. — In person. IvDORSEMENTS on the above. — By virtue of thid writ to me directed, I have caused to be made by the public sale of the lands and tenements of the within named Defendant, Robert Randall, that it is to say, Lot number forty in the first concession of Nepean, in the Johnstown District, together with the broken front thereof on the Ottawa or Grand River, the debt and damages within mentioned, which I have ready before the Lord the King to be rendered to the said Henry John Boulton for his debt and damages aforesaid, as within I am commanded. JOHN STUART, Sheriff, District of Johnstown. Levy one hundred and fifty-five pounds six shillings and four pence, iogether with execution, Sherifr''8 poundage, and all other expenses. £155 6 4 H. J. BOULTON, Plaintiff. H. Fa. 18 6 £156 4 10 i Received the amount of the within^. /a. and my fees in full. JOHN STUART, Sheriff, Distiict Johnstown. Boulton us. Randall— ;;^, /a. — Lands and Tenements, fyled and returned, 17th March, 1325. J. SMALL, C.C. €'\ Received the 13t.h November, 1819. JOHN STUAitT, Sh-riff, Johnstown DlsJrict. 2 Deeds - £2 6 8 Poundage.. ,.... , 3 4 Returning Writ 3 8 £5 13 4 I certify that the foregoing are true copies of the fieri facias against tha goods j and chattels of Robert Randall, Esquire, and also of i\\e fieri facias against thelanda i and tenements of the said Robert Rfndall, Esquire, with the several indorsements thereon, at the suit of Henry John Boulton, now filed of record in the Crown Ofiice. [ In testimony whereof I have hereunto set my hand and aflSxed my seal of ofiice, | the ninth day of August, one thousand eight hundred and twenty-eight, and in | the ninth year of His Majesty's Reign. CHARLES C. SMALL, [G.R.] 6.9 No. 11. atrSuTtVm^^^^^^^ "«--' the lands of Eobcrt Randall, Esquire, mZfulT ^''""^' I821.-Rerurnedand fyled ia the Crown Office, 17th t\^eL:i'S;:lZ:ttm'l^ ^•IV'^^'^ -*° -^ ^--ds and possession on part of that to public sLT and havo «nlf ^.' f Johnstown, and have exposed a £32 108., and the residue of s;ddKn'? fT '^"'^''^ ^' ^^^^ ««!« *« ^he.value of want of buyers. ''*'*^ ^*°*^' ^"^ tenements still remain in my hands for JOHN STUART, SherifF, Levy indorsed on writ, £4.4 4s. lOd., besides Sherifl's fees, ^f'^ ^^'"^'°'"' Crown Office, 7th September, 1825 ''^^ ^^^^' ^°*^ ^"^^"^ '" *h^ an?LlmrnSVf'tLtltht^^^^^^^^^ i ^^^.T^^ *« ^« -ade of the lands .leven shiUings and four pencrwh^c^l^r?!' *''''"? ftjirty-three pounds Kin- at the day and place withS 7antLZ .^ ^^''^ '^^^ ^"^"'"^ *h« ^"^^^ the Clarl in part of his dla^e wl^hm l?nJ^' ^V^^^f^t^ t^« ^^ithin named Thomas , Robert RLdall has not aSj oS^r oTmoTltr^ \^7'^'' ^^''^^ '^'' '^' '^^'^ SE?o^^ LEONARD, SherifF. PETER T. PAWLING, Deputy Sheriff. ^ ( No. 48. Bill No. 1, passed iv Assembly for Randall's Relief, (pole wS^rhel^'a tudS'^' '^P'^^^t^ Bill appointing the Hon. .John Wal- \ BILL. r ' W^gf^,tl!nti:lS l"' '^ r^^^^^"' «^"^P^^-«^ that he has suffered Y of Kno^sXncI in h ?Pm • f ^.^^^S"'^^^ obtained against him in the Court 1" Solicitor r!n'i tj ^ VO^'nce, by Henry John Boulton, Esquire. His Maiestv's \ rul f W ^^^^^^^^^ '''' ^f tioner alleges ^as o\tained ^IS'h kairl n.„S ;Kin5'" ^ T '''f •'""'•'' [^^iequate relief cannot be affbrdod hv fhe I 'I ri 70 IS; i. 'I^i dil m 'ir ffi, J. .ai " it shall and may be lawful for the Hon. John Walpole WilHs, one of Hia Ma- " jesty'a Justices of the Court of King's Bench, in and for the Province of Upper ** Canada, under and by virtue of this Act, at York, in the Home District, to in- «* quire into the truth of the statements in the said Petition set forth, and for the pur- ** pose of that inquiry it shall and may be lawful for the said Hon. John Walpole " Willisi in the presence of the parties or their Attorneys, or such of them as shall, " after due notice, appear, to summon and examine, upon oath, all witnesses deem- *• ed necessary for the attainment of justice between the parties, and to enable the ** said Hon. John Walpole Willis to inform his judgment in making his decree or " decrees as hereinafter mentioned ; and any person convicted of wiHul false^ swear- *• ing before the said Hon. John Walpole Willis, under this Act, shall be liable to " the same punishment as is now inflicted by the laws of the Province upon •* persons guilty of perjury. " And be it, &c.. That the aforesaid matter shall be heard and determined and " the witnesses examined in an open Court whereunto all His Majesty's subjects " shall have free access : Provided always, that it shall and may be lawful for the " said Hon. John Walpole Willis to commit any person for a contempt of the Court •* for a period not exceeding one month, and to fine such person a sum not exceed- *• ing fifty pounds. " And be it, &c., That it shall and may be lawful for the said Hon. John Wal- *' pole Willis, having heard the said Petitioner, and the said Henry John Boulton, " and such other persons as he the said Hon. John Walpole Willis shall summon, ** or such of them as shall appear after due notice, to make such decree or decrees " for either the confirmation or the reversal of the said judgment, and of the proceed- " ings thereupon, and of any rules of law heretofore made under and by virtue of " the said judgment, as he the said Hon. John Walpole Willis shall deem necessary " for the doing of justice between all parties interested in the matter. " And be it, &c., That any decree, made by the said Hon. John Walpole Willis, " under and by virtue of this Act, shall be obligatory and binding upon the person ** against whom or in whose favour the same shall be made ; and if any person •* against whom or in whose favour any decree shall be made, shall neglect or refuse *• to comply therewith, it shall and may be lawful for any person interested in such " decree to have the same registered, which decree, so registered, shall have the same j *' virtue and effect as if the said decree had been literally obeyed. " And be it, &c., That every decree made by the said Hon. John Walpole Willis, *' shall be under his hand and seal, attested by two witnesses, and made on or before | " the first day of January, one thousand eight hundred and twenty-nine. ** And be it, &c.. That upon the production of any decree aforesaid, and a copy I ** thereof, to the Register of any County or Riding in this Province, in whose *• County or Riding the land in the said decree mentioned shall lie, and upon an " affidavit made before such Register, or his Deputy, or any Commissioner of the " King's Benv^a for taking affidavits, of the due execution of the said decree or '* decrees before such Register, it shall and may be lawful for him to register the " said decree in his office, and to fyle the copy thereof, and for such registry and| •' fyling to demand and receive the sum of one pound. " And be it, &c.. That it shall and may be lawful for the said Hon. John Wal-j ** pole Willis to award against either of the parties, such costs and chatores asj •* he shall deem right and just ; for the recovery of which costs and chargts,_ «' awarded, it shall and may be lawful for the party interested to proceed by aciionj " of debt in any Court of record in this Province." The above Bill passed the Legislative Assembly, but the Legislative Council, &9| then constituted, refused either to amend or pass it — they threw it out. 7t >vince upon No. 49. Chief Justice Robinson to Mr. Randall-Was defendincr Randall's Title against Sherwood's Action of Ejectment. " [From Appendix to Assembly's Journals, U.C, 1836.] q;.. A., !• /. . York, 19th July, 1828. which you complain has been 51 lo-nJli^o^i i ^ * Nepean, on the Ottawa River, defendi^ng the aS, and h v" l^^^^^^^^^^ jou. I am defence at the trial. If the sale wa^ illl! V '"''* of Perth, to manage the particularly for want of be n" fa rlv udvirT 'l 'Y °'"'' '^""^^^ ^^ y«"' ""^ '"^re the opinion of the cCrt u^on it bv7nS^ ^5- ^^^ "°^^ ^n opportunity to take the Plaintirs title. ^ ' ^ ^^''"^ Firth to urge that objection against furli'htTetbfe^J^rr/Z^^^^^^^ August. Any evidence you can engage, Mr. RadetSt;T>^i£°t^r^^ -^^^ ^ou may dJsire to I am, Sir, Your obedient servant, RO.EHT R.™„.., E«mire. ^°"'' ^- KOBINSON. ! m l-Ml No. 50. Mr. Radenhurst to Mr. Randall-Ejectment suit before JndgeHagerman. [See Journals of Assemblj, U.O.— Appendii, 1886.] BoBEaT E»„A.L. Esquire. ^'"™' ''^ "^"S""' "2«- allnHp tA fKofV <^"ia'"ea. JNor could I, in addressing the Jury (as you wished ^ by the Pll Iff "!• ™' r' •' 5"* ^'"' '""'"'^y «°°fi"«^ *" ^J^^t wasVuHn rvidence onceortli^ •' *''^rt'"ent, executions and sale, and even in this I was XtrheTcTuSrlelt^^^^^^^^ -^ — ^ ^^ ^^ 'cou'rtT Jud°e-'Sn'''.r".-'''^"''*'^.^ '^'°"^'^' to the trial proceeding at all, which the ^:j!:u£t^' uno^ir ^"^^ show tSnV^; Jtf^;^^^^^^^^^^^^ and thrjudl rLrvpfw^Ff • . w '°'"' "'I''"' f'^'"*^' ^ "loved for a non-suit. By requh-ertL nrZi ^ ^T^n ^' ""^'^ "^'° ""'^'°"« *» «hew that Colone CaVairihiJlI^HeCr/hTl^d?"- iSI'r"- •"' ^^ the purposes of the Rideau that any point that^n„Mnn5^ ¥^3t;d receiving. I„ tact, beseemed unwilling \ Jury and T«Vh« • . T'^'^f '" y*""' ' °' the tenants' favour should go to the -"•ry, andasthejuryatthat Ass... were persons little accquainted with their ':ijii«il>eMi«^i|t«>feitui^x!^^jib^ .*^ m: n duty or with Courts of Law, they implicitly followed the directions of the Court which in this case was for the Plaintiff", and gave a verdict accordingly. I remain, your obedient Servant, THOS. KADENHURST. nniP' wm i I tf No. 51. The Governor General to Mrs. Firth — Lots 39 and 40, Sherwood's claim. (Copy.) Governor in Chief the Earl Dalhousie, to Mrs. Isaac Firth, relative to the Lots 39 and 40, Nepean, on the Ottawa. "to MRS. FIRTH.'' (Copy.) • «« At the desire of Mrs. Firth, at the Richmond Landing, near Bytown, I give *' her this note to certify, that, several years ago, I gave her and her hushand, « leave to establish themselves in a small house and store belongmg to government « at that place: it was originally placed there by the Duke of Richmond, to aid the <' passage of Emigrants, Military Settlers. Being no longer useful it fell to ruin, " and in these circumstances these persons repaired it, and have been permitted to « occupy it. I have been led to believe that it stands on the line of Government *' property, and a Clergy Reserve set aside by Sir P. Maitland for the service of «< Government. That Lot of Government property, being a broken front not <« included in Randall's Lot, has been claimed by Mr. Sherwood. I am convinced *' that he has no fair claim, nor legal right to it ; and on the part of Government I " have maintained the Firths in their possession, and I think they ought to U « maintained in it against the pretentions set up by LeBreton and Mr. Sherwood. "DALHOUSIE. <* Quebec, 8th August, 1828. [Note.— Mr. Randall appealed to the Court of King's Bench, in banc, question- intr the judgment of Mr. Hagerman at Perth, and there sat Mr. Hagerman, alone, the whole Court, and confirmed his own judgment below, the chief Judge being in London after a pension ; his coadjutor, Willis, suspended from his functions ; and the third Judge, Sherwood, a party in the cause.] No. 52. Mr. Justice Willis to the Secretary of State for the Colonies. Bath, [England,] September, 23rd 1828. « It is evident that i.o Judge of the Court of King's Bench in Upper Canada I can sue or be sued in that Court, while he is personally discharging his judicial functions, as he would be unlawfully Judge in his own cause. The difficulty contemplated by Mr. Sherwood, as arising from the Act being construed to insist upon the presence of all the three Judges, would be increased rather than obviated| by a less strict interpretation of the law permitting the competency of the Bench when composed of less than three members. For example : in the action of Ejectment brought by Mr. Justice Sherwood himself, for land at Brockville.j 73 « been tried at the last aI Lea bv AI. Si '"'" '^ ?^""''^^ *^« '^^t'O" have <' Court of K;n<.'8 Benc^ anU X .«; n. S''"'" r ' "^^''^^^"'S as a Judge of the '= the trial at mi Prlus,a new h al be ZvTf '" T ^^'P'-r'^^^ °» ^is part at '' Justice Sherwood (if a Jud^e elnot hoc .I'V^ ' '' '' ^''''^' ^ ^"••«'^' ^r. " man ought not. because his own jX^e^Tiro^^ ' ^'''^ ' ""? ^^- ^^"S^^" « -a case probably at this monTent no^nTn^ !u !" q"e«t>«"- -f n such a case "ed for by^Mr. J ShervlTr^^so t frlm ZT^I'T «? 5^6 Act contend- '' tenfold ; and place beyond the no sibilifv n/?? k. !u "° difficulties, increase them " in providing that a cS JuX S^^ vvisdom of the Legislature " preside in the said Court The e alwafs 1;nnld'"^ '''\ ?"'!" ^ "^"^t^^^^' «l»°"ld " a Chief and two Puisne Judges to a?t lin • "i™"n ^' **'';"' *^"^Ses present, - Upper Canada. H any one of them bo 1 S / '" ^^' ^°"''{ °^ ^^'"S'« Bench in « thereby arising is, that un"il the oTvit^^. ^ '? t'""'"' *^". °"^^ '^convenience « Court Lnot p'roceed inlat t:^^A7::},t''le^^^^^^^^ '^ ^^^^'^^ *^« No. 53. Ejectment Suit, 1828.^[Extract from Mr. Randall's Letter of Instruc tions to Mr. Firth.] ^"awuc Mr. Randall thus instnicted Firth •— ^^"rl^cI^rnlZVcll^^^^^^^ Radenhursttourge the illegality « on this last head yorwS 1 wefto^^ sufficient notice to purchaser, ml « larly Mr Writ^ht of H 1 ncTf ? ° ^^'".'^^'"^ ^" ^^e proof possible, particu- 1 « herf-th; ma"fe ' ot Sn :Vh? fucSr tie'' ' ^"^T^ '^^ *^»f ^^''^''^^^ I « the House of Assembly, as ^y^e se^n b^he bil thTl!" '^^^Vi ^''t.^^bject by "(William) Morris, the Member for rourDLfrW fTu^u'^^^ ^°"««- ^^• " bill, bore testimony to theTrre' lr[tv of 1 1^-0!^^^^ ^ °- '^''' *° *^^ "unjustly sold • * * * Tlfe Hon } « ^r ^^^^^ich the 276 acres wei* h'was the person that swore he d d nirk^' ^^^''"I^^y' ^?g«g«^ for Sherwood, •• altho- A U„e>v I HvS^in^.^X^D\,KrrirSriSS>' No, 54 Captain LcBreton's Estimate of the value of Lot 40, Nepean. ::r i '.[ ■'■■ i ^;iu .''.^'H ■t ! If It 7* from dispoeing of said land. The situation is most beautiful and salubrious, being on the south side of the Ghaudi&re Falls, with the Grand Union Bridge abutting on the centre of the front and leading through the main street. It is replete witn mill sites, and for commerce no situation on the River Ottawa can equal it. The subscriber is determined as much as possible to confine his sales to persons of res- pectability. JOHN LeBRETON. Britannia, Ottawa River, 26th August, 1828. Union Hotel, Chaudiere, Upper Town. Firth and Berrie beg to make their most grateful acknowledgments for the very liberal patronage and support they have received from their friends and the public, for the long period of nine years, of which it will be their earnest study to merit a continuation, by contributing to the utmost of their means and power, to the com- fort and accommodation of those who favor them with vheir countenance and sup- port. The romantic and highly picturesque situation of the Union Hotel, which com- mands a most interesting view of the mountains and scenery in the vicinity of Hull — the islands and banks of the noble Ottawa — the magnificent Falls of the Chau- diere, over which bridges are now about completed ; and the works and improve- ments in Upper Bytown will render this place a delightful retreat either to the delicate, invalid, or scientific tourist. The accommodations will be of a superior kind ; the table will be furnished witii the choicest viands that the season and the situation of the country will afford, and the wines and liquors will be of the best quality that can be procured, either at Bytown or from the most respectable dealers in JViontreal. Bytown, Ist September, 1828. No. 55. Unjust Conduct of the Upper Canada Judges. — Cruel Treatment of I Robert Randall. — Removal of Mr. Justice Willis. — Address of the House of Assembly of Upper Canada laid before the House of Commons, England. Upper Canada — Administration of Justice. [From the Journals of the House of Commons, July 31, 1832—3 William IV, vol. 87, page 541.] Address respecting Upper Canada. " Resolved, That an humble Address be presented to His Majesty, that He will I ** be graciously pleased to give directions, that there be laid before this House, al "copy of an Address to Hia Majesty, from the House of Assembly of Upper Ca-I •* nada, on the Administration of Justice, dated 14th March, 1829, which Address that! " House humbly prayed His Majesty to lay before the House of Commons of GreatI *' Britain and Ireland." I " Ordered, That the said Address be presented to His Majesty by such Membersj **of this House as are of His Majesty's most Honorable Privy Council." 79 [From same volume, page u54, August 3.] „ T . ,,. Answer to the Address. "coinmandea him to 800^? this HouIp ^Uf^ -^''iT ' .^"i**"^* His Majesty had awjuainc inis House, that he will give directions accordingly." [From same volume, page 589, August 16th.] "per CanadaTo, the AdtrtraJfon '^l'^:^^::X:^T^:.:l fsl^^ <>^^^ " Ordered, That the said papers do lie upon the table; and be printed." [From the Sessions' Papers of the House of Commons, 1831-32, No. 7401 drel?r.*' "^^ ^^'^^" *° "^^ M«J-*y' d«ted 31st July, 1832, for copy of an Ad- Colonial Department, Downing Street. 1 5th August, 1832. (Signed,) R. W. HAY. (Mr. Hume.) •UPPER CANADA. [From Journals of the House of Assembly of Upper Canada, 1829 ] Copy of an Address to His Majesty, from the House of Assembly of Upper Canada, dated 14th March. 1829. ^^^^ ""^ TO THE KING'S MOST EXCELLENT MAJESTY Most Gracious Sovereign, dependent and very unsatisfactory state o^heXd ci^ b^hfs Cou^^^^^^^^^^ ^rther pray that our earnest wishes and solicitude LxpreLed in SlJ/^ Z^ Your Majesty, may in our behalf be laid before Sr ffwl'- f -vlf f'n^'^^^ **" m Imperial Parliament assembled. ^®'*^ ' *^"^^"^ Commons Innd to .hs T" ,.| ?1 j'^'i'.'V ^^^ - -'^"^ '°^®^-^ ♦^ *^e welfare of the Vr..\r,I \ \ \ I ■ 5 Ml ^ \: • I i«««-«>i*-«i<««^s.^«Wrtfj*asejWi«*»f#r*^ 7G ,' \U^ Upon 80 important a subject, involvinj^ the interests, the rights, the liberties, and the very lives of the people of this Province, it becomes us with earnestness to re- peat our bumble remonstrances against the present state of things. We regard with grateful recollection the memorable declaration of His late Most Gracious Majesty from the Throne, '' that he looked upon the independence and ''uprightness of the Judges as essential to the impartial administration of Justice, ** as one of the best securities of the rights and liberties of his Subjects, and as most *' conducive to the honor of the Crown." In this respect we rejoice at the unpar- alleled happiness of the people of England ; we cannot, however, but feel that as a portion of Your Majesty's nee and glorious Empire, Ave also are equally interested and entitled to have justice administered amongst us by independent Judges, equally able to appreciate the value of so great a blessing, and disposed with constitutional jealousy to watch over the judicial character, to preserve it unsullied by unjust re- proach, and unawed by the vindictive exercise of the Koyal Prerogative by the Provincial Authorities. t In this Province, it is exceedingly desirable and even necessary that the Court of King's Bench should, for many years to come, be wholly composed of Judges se- lected from the English Bar ; Judges who would in that case be as free as possible from the entanglements of family connexions, the influence of local jealousies, and the contamination of provincial politics : without such a change, Justice never can in this Country be administered with purity, or rise above suspicion. We duly value the assurance of Your Majesty, conveyed in the Message of His Excellency, " that the direct responsibility of our Judges to the Crown is en- ** forced by Your Majesty only on the most serious occasions, and never in respect ** to any act which can be properly considered judicial." But although Your Ma- jesty isjthus graciously pleased to declare, that your Majesty, in the exercise of Your Royal Prerogative, will be governed by a maXim so consonant to British Justice, yet that assurance, while it is grounded upon the continual dependency of our Judges, can afford no snflBcient and practical remedy against the abuse of Your Majesty's Royal Prerogative by the Provincial Administration. This abuse of Your Majesty's Royal Prerogative has been flagrantly manifested by the late vio- lent, precipitate and unjustifiable removal of the Honorable Mr. Justice Willia from the Court of King's Bench in this Province. The pretence for this almost irreparable wound to the Constitution appears to have been the declaration of an opinion by that learned and upright Judge, upon the constitution of the Provincial Court of King's Bench, which opinion was evi- dently expressed to explain and justify his submission to a conscientious conviction of the impropriety of knowingly proceeding in the administration of the law in a Court not organized as the law requires. By the Provincial Act erecting that Court, it is wisely provided, " that a Chief Justice, together with two Puisne Judges, shall preside therein." No explanation can add to the clearness of that provision, so obviously condusive to the safety and liberty of the subject; and it has become our urgent duty humbly to declare to Your Majesty, that our duty forbids us to yield to the attempts of the local Admi- nistration, to entail upon us the dangerous cncrotichments made in years of past I misrule, by establishing such a construction of that law as would place the rights and liberties, the pi'operty and lives of the people of this Province, at the disposal of one, while a liberal salary is provided for three Judges. The opinion of the learned Judge became officially known to the local Govern- 1 ment some weeks before the commencement of the Term in which it was expressed. Finding that no step was taken to organize the Court according tolaw, nnd! avert the consequences inevitably following pertinacity in the error, Mr. Justice Wil- lis honorably withdrew from a scene, by a continuance in which he must have com- own 18 en- 77 Ku^vctiS^^^^^ *'--, circurnstauces, it ap^cara that the was unnecessarily and violntlv rcmlo 1% ' 1 • *^"fl'''"''T' ""^ ^'- ^"^^''^^ Willi* school of subaurvicnt pr nciuS h« J 1 1 J"'- ??""' ]'""""'^' «'^"«'*tcd in no unlawful usage. P^'^^'P'^^' 1'° ^ould not yield to doubtful expediency and Wc are not insensible of the advnnfnrrna r.p ^', ^'^^ therefoi-e' Varmed Province have Sss^dtl op rv^t^^^^^^ ^ P°Pl« of thi. pose of removing a Jud^wlLTo^n/F^J^^^^^^ "'. the dangerous pur- Conscientious dischargfof hi: judicia,11y"'' ''' ^'^'''' *° ^° ^ ecrupulous^d it t^bViTw^fu^rrnViK^^^^^^^^ I'rMrr;-^' t'^ •'"^''^? y^"-^' -pp--» with greater facility mvecScdrrbLff r'^'? Hagerman in his place, might to law! But we feel that the mo.n-V. •J"'/''^ *° "'Sap'^c the Court according of the Country i78ogi^.r^^^^^^^^ "'^•^'■"^'^ itself against the justid we can be only mrt ally Tnfo;modfn.i^r'^''r"'^^".?*?*^'?^^ particulars of which withholding frLi^.K/^nf 7- , ^'' PoJx^yof the local Administration in Tf rt™4trn W. T^'^Tf t"?» ?^'»« ' '"ight more fully expose the enormity esteem those evils very snS^tZlVir^r^^^^^^ ^^ would because they were driven by their necessities to yeld to this assumption of judidal Kin°'fw^''^^'™ l^'*' ^^'^ Justice Hagerman alone constituted our Court of hS i sSs ?^ atLTln ^h-T"Ar^' '"^ °"1! ^"^«*^«"^^ judgment at tLpreced- which trfnl ;n^ ? ''^'''*''' ^^ ^^^'^''^^ Sherwood was interested ; the result of ' ord^n r^ • T-r^ "" P'vP"'^^ «^ ^^'"^ Sreat value, acquired through those extra- I Teen uifava"i?ino.f P^'^^^f .^^"^^%i" '¥, «^«« of Mr. Kandall, whose injustice hasbng S ""f ^^' '."ft'3^ ^'^ o^Jfct of legislative relief and public sympathy. It is from suchFoceedings, such Courts, and such Judges, that the jfeopTe dSire to be r^- chJactefofXU^'y''-°i"^^°^v *••"'"* "/ '^"^-es from England would redeem the bSinAhS£? J"d;<^'ary; but that hope has'been greatly impaired, for Cotlt e V^frpfTl 'i''" '"''T"^ ^^l^l'' ^" P*^^^^^'^^ conscientiou leanVinonl^ . •?, *''^*^ "° gentleman of the English Bar, gifted with I an if n. ••'"''"'*''' ""f "'^"^^ *° administer justice amongst us, if hf is subject I to an Ignominious removal, aad obliged to aeet in EnglanLharges unknown to I I.- r i i r.,' , .o»**»»fc»Mu>Bltfc*«iiS*B»*SBBI(!i**'-.'**- m 78 m- u , I ! Ill Id ! W. fil him, got up against him without regard to tho laws .of honor, or justice of tho country. We humbly express to Your Majesty our serious apprehension that the learned Judge who has thus far been a victim of I'rovincial persecution may be elevated to some higher place in Your lloyal consideration, instead of being restored to his seat upon our Bench, as tho most effectual method of wiping away the stain at- tempted to be affixed to his character, and of healing the wound inflicted upon the Justice and Constitution of the Country. His reinstatement in office as our Judge, ifl most desirable for the peace and happiness of the Province, and for tho restora- tion of public confidence in the administration of the law. Ill tho name of equal justice, we further flumbly pray Your Majesty to cause a strict inquiry to be made into the conduct of all persons directly and indirectly concerned in this overbearing and despotic proceeding; and, as the only means of assuring our future security, to expose them to whatever punishment may be due to their respective crimes, as advisers, abettors, and approvers of the same. Should Your Majesty be advised to disregard these our just and earnest prayers against grievances which have increased under the patience with which we have hitherto endured them, we shall be constrained to feel, that while we form a part of the British Empire, we are excluded from sharing its equal and exalted justice. We again humbly pray Your Majesty to lay the whole matter and prayer of this Address before the British House of Commons, and to communicate to them our earnest hope that they will be pleased most favorably to regard our wishes, and promote by their wisdom and counsel the redress of our wrongs. Signed,) MARSHALL S. BIDWELL, Speaker. Commons House of Assembly, 14th March, 1829. No. 56. Mr. Randall's Services to the Province. — Address of the House of Assembly of U.C, to His Excellency Sir John Colborne. [From Journals of Assembly, U.C, 1829.] Resolution Moved by Mr. John Rolph : We, His Majesty's dutiful and loyal subjects, &c. «S;c., humbly represent to Your Excellency, that Robert Randall, Esquire, at a time when the people of this Pro- vince justly felt themselves profoundly interested in a measure likely to be consum- mated into a law, did, at the solicitation of a large number of the inhabitants, pro- ceed to England with a petition numerously signed, for the purpose of laying the anxious wishes of the petitioners before His Majesty's Government, by whom he was recognized as an agent. For his patriotic, disinterested and successful services, the people have, through iheir representatives, attempted to remunerate him out of the moneys raised from them for their happiness and welfare. The provision made by this province for that purpose, by bill, has failed in the Legislative Council, and "we therefore are constrained to appeal to Your Excellency to pay Robert Randall, Esquire, the sum of £500, out of any moneys at the disposal of your Excellency, and which sum we will never cease to exert ourselves to redeem. MARSHALL S. BIDWELL, Speaker. Commons House of Asembly, March 19th, 1829. 79 MS^t^Ect\i^^i:.jrr^ «o,ph and Excellency's answer ia ua follows :_' ' ''"^ °^ ^''*^ prorogation, and His '' lb™e'co,';7iJi:tio^to^ ^''^ "^y ««««nt prevent my " direct my attention to it du^g the rS^'' *''" '^'''^'''' •*' I''"^^"*' but I Blmft I No. 57. ^^" N«- 2' passed in Assembly for Randall's Relief. inJ^^tdX^f^^^^^^^^^^ (then Speaker of the Lower CanE A "L I ^^7'^'?,^°"'^ i^'^P'* I'"Pi°«'»"» Randall. (Judge Willis had gone to Euro^^eO '^ ^'^''"cellor; to afford relief to Mr. BILL. "was=S"a^^^rS:^S'aS^'^^'^"r^ *'- PeiSr^X^ " cannot be afforded by the said Courr of ?r '^"'%' ^^'^. ''.^'''^' ^^'^^^^^ relief " that an inquiry should be mde in o tlf '"= ' ^T\'^ " therefore expedient, ;; be done, if, upon due inqul^^ undeVoatr."?! ^n^'*^' ?^ ^'^ht be caused to "great injustice has been done -Be it thi 'J '5 ^' ^^^ *° ^PP^^"* tb^t such " lawful for the Honorable Loui's Josonh ^ • '' ^l'' V'^^ '* «ball and may bo " sembly of Lower Canada, unTer 3 hv?'"^'""' ?Pf>'^/^ *be House of As- "HorneDi8trict,toinqui e^nto the'luthJfr.«^^^ '^'! ^'\' ""' ^''^' ^» ^be '•forth; and for the purpose of that inn .?r*VS1^^^^^ " said Louis Joseph Papineau in the nSn?: 1'^" ^"^ '"^^ be lawful for the " such of them as shall, after ' due nnEo "" *^' P""'"' ""^ ^beir Attorneys, or " oath all witnesses deemed iecess.rv for iril •' '""^'"°!? -""^ •^^«'"''»«' "Pon "parties, and to enable the saTdLouYs f osonh P •'"™'"' ^V""''''^ between the " making his decree or decree as h"'|'iX^. Papineau to mform his judgment in ;'edof wilful false sweS blre tl « aTd ^0?' Tx*^ ' ^i'^^ P^''«°" ^^'^vict- " Act, shall be liable to the s1inie7u„ishmpnt .^ ' • '1?^ ^fPineau, under this " Province upon persons gu% of perjury! "^'^ '"^''''^ ^^ '^' l'^^^^ «f this "tl'^vl'tsesetmilefifon^^^^^^^^^ "have free access : SKlwa^s 1 1 r^M ° «","'« Majesty's subjects'shall : " Louis Joseph Papineanrcommit mil f """"^ "'^>^ ^" '^^^'^"^ ^'>r ^be said '' period not exceedinTone monTl and ST" ? '°"'''^P'= °^' *^« ^'°"^t' ^^r a " fifty pounds. " °""'' ''"'^ *° ^°^ ^"^b person a sura not exceeding |"PaX«!tfin;£dLtlll'pi^ '"'-'K' «-^ 1^°"- Joseph '' and such ;ther pe= so s as t tS l^S v' •"''^ ^!^"ry ^^bn Boulton, " of them as shal appearXV(^^ueTotL tnifP ^l^T'''' ''^''^" «"™mon,:or such " the confirmation, or the revlrtl nf ' -^^"'^^ '"''' '^'^'^^ «'' ^^^'''•ees, for either I : tl u K^ H, f, 80 " Antl ho it, &c., Thnt nny decree miidc hy the said Loulu Joseph 1 iipineau, •' under find by virtue of thia Act, sliiill ha oljli},'!itory iind binding' upon tliu person *' against whom, or in whoso favor, the same shall be made ; and it any person " against whom, and in whose favor, any decree shall bo made, eliall ncgloet or rc- " fuse to comply therewith, it shall and may be lawful for any person mtcreated in " Buch decree to have the same registered, which decree, bo registered, shall have " the same virtue and effect as if the said decree had been literally obeyed. •* And bo it, &c., That every decree made by the said Louis Joseph PapincLU, " shall be u..der his hand and seal, attested by two witnesses, and made on or bc- «• foro the first day of September, in the year one thousand eight hundred and " thirty-one. '< And bo it, &c., That upon the production of any decree aforesaid, and a copy " thereof, to the Kegister of any County or Riding in this Province, in whoso " County or Riding the land in the said decree mentioned shall be, and upon an « affidavit made before such Register, or his deputy, or any Commissioner ot the " King's Bench for taking affidavits, of the due exccutior of the said decree or Ue- " crees before such Register, it shall and may bo lawful for him to register the said " decree in his office, and tofylo the copy thereof, and for such registry and tyling ** to demand and receive the sum of one pound. *' And be it, &c., That it shall and may be lawful for the said Louis Joseph " Papineau to award against either of the parties such costs and charges as he sm 1 *' deem ri-^ht and just, and for the recovery of which costs and charges so awarded, « it shall and may be lawful for the party interested to proceed by action of debt la »* any Court of Record in this Province." * No. 58. . VOTES. • On the question of its passage in Assembly, the Yeas were, Messrs. Franijois I Baby, Doctor Baldwin, Blacklock, Brouse, Buell, Cawthra, Dalton, Dickson | (of "Niao-ara), Fraser, George Hamilton, Henderson, Hopkins, Homor, Ketchum, Lefferty, Longley, Lyons, McCall, Mackenzie, Malcolm, William Morris, Perry, Radenhurst, John Rolph, Shaver, Smith of Durham, Terry, Thompson, Wilkm- son, James Wilson, and Woodruff,— 31. The Nays were only two, Messrs,] Bethune and John Wilson.f In the Legislative Council the Bill was not amended, nor passed— it was re-| jected.J No. 59. Mr. Raadall to Mr. Secretary Mudge, complains of delay in thej Administration of Justice. (Copy.) York, March 4, 1830. Sir,— 1 '.ave the honor of transmitting to you, fo r the information of His Excel - + See Journals of Assembly, 1830, U.C. I See Journals of Legislative Council, 1830, U.C. Icncy the AH8cnil)!y tion of [)u That of hope that seeking re The en( cd of tho Captain \ On the enable Mr Court of J ordinary oi The Bil A Lill f iiurin_; its Lower Ca and that t( Parliament out redress, That it ii justice shoii firmly belie eition of thi that Ilia E: may bo cna Z, MUDOE, Sir,— Witl on the 4th c House of Asj sent to Mr. ] Mr. Boulton charges that y stood you ha^ you will tram Cihibit distinc 81 '^'^^';^':::;;:.^^^ ^^^r ..ic by the nou-o or "'m «r pul.lic jiistfci. " ' '"'' of property Iron, tl.o umhu, ud.ui.uHtrtt. Tlint of tiers m;iv \u,x:-. „.. /• tioit .caking relief 4-„i„.t .1,0 m„:;;;h„.|"'K,y llli" '' "'" '"" ''° '"■"J"''!"'"' '» "'/ Captnh, uLttLow,, Sir. .(„|,„ tlptrj Mr X'S' '''° '"■*'" <^'''«'' •''"'■'='••. On ♦lln 1J«. <. -*• il . ^ . "^' )n, Dickson i^lpM, and Air. Beardslcy. cnabl" Mr. jScI tvllir^^rytl^c.^o^o'' ""^ ''^^^"^'.'^T ^''« '^^ ^"^--t to Court of Equitable Jurisdic io^n, ^SnroTrS"' "'" • '" "-''''''^ ^''° -''"' «f « ordinary cnsea. ' *^''"'* °* redress which cxiata in England in The li.lUas lost in the LcglshUivo Council. duii^ila';:;:^rsst s;l t ^r^^-^-^^:/'^^^'' °^ ^'- ^-^^^^^^ Lower Canada to try the cause I "1. In' '?' ""/'' J^""^" '^^^ ^''^en.bly of and that too after the caso £ liad ti c AW 1" ''•" ""> ^^^ "PPosing voices. Parliament. But the Bill was lo "in tt T o • i """^'"''{"•'»t'o» "'oth in and out of out rcdrcsa. ^°'' '" *''° J^egislativo Council, and I am still with- jusS'sii^uid"': ^^a:::':i^'m:'t^r' "i'- '''"* r^*^^ ""^ '-p-t-j firmly believe. Ami whether t o obit ueSt^r^ subjects, without distinction, I .a, .„ .a.ea .„ Le ^'^^c^^^frl^rirJSrl-iSr il^'u^.-VL" '!;»' ' 1 have the honor to be, with profound respect, Xour most obedient and humble Servant, 7 -Kr T. . (Signed,) ROBERT RANDALL Z. MuDGE, Esquire, Civil Secretary. ll No. 60. Sir Jolin Colborne's Reply. . GOVEHNMENT HoUSE, Mr. Bcult^nZTZ ™lbLf to™ ^'mv """ "?* "' '•' "^P"™ """ '>''■-" charges that Tou mav «„,!, ,1° i "7 '"'° »" ""vestigalion of anv of the 7ou„iii t™?J.^:;tforh ■?! r.e''°x^ ^xh.bu d«ti„o«y „hethcr thegrou„d3"ir;ouro:4>ainra^^a^^^^^^^ I ! " .^*«.^»•ftl•.»itei»w^««#*^IWi^^^f*■■■' 89 St!B t ■ ■'■■»■ conductor of your suit, or against the Judges for an Illegal decicion, or against the Sheriff, or the purchaser of your property. I have the honor to be, Sir, Your most obedient, humble servant, Z. MUDGE. Egbert Kandall, Esejuire, M.P.P. No. 61. Hon. M. S. Bidwell to W. L. Mackenzie. Toronto, 18th July, 1835. My dear Sir,— Respect for the memory of Major Kandall will indufce me to do cheerfully and cordially whatever I can for his devisees, without a fee; and I, therefore, with many thanks for your liberality and kindness, return the note which you sent to me. Yours, truly, MAESHALL S. BIDWELL. W. L. Mackenzie, York Street. \A No. 62. Bill No. 3. — Agreed to and Reported by a Committee of the Legislative Assembly, U.C., for Randall's Relief. [Note.— In 1835, "VV. L. Mackenzie gave notice, in the Upper Canada Gazette, of an application for a third Bill for the relief of Kandall's devisees ; the Legislative Assembly appointed Messrs. Thorburn, Mackmicking, and Waters, of Ottawa, a Select Committee on Mackenzie's petition, and Mr. Thorburn introduced a (third) Bill, unanimously agreed to by the Committee, for relief of said devisees, (March 6, 1835), but the Gazette notice was deemed defective.] i» i No. 63. Major General Rowan to Mr. Mackenzie. Government House, Toronto, 25th August, 1835. Sir,— I am directed by the Lieutenant Governor to transmit to you, with refer- 1 ence to your application of the 19th instant, the accompanying copy of a statement from Mr. Stanton— and the form of notice which he has been authorized to adopt, in communicating your intention of petitioning the Legislature as an Executor oi late Mr. Randall. 1 am. Sir, ■ ' Your obedient Servant, W. L. Macrenzie, Esquire, St. Catherines. W. ROWAN. 83 No. 64. (Copy.) ^^^'" ^''"*'"; ^'^"-^'' ^'^"''^' *^ ^«°^^^I Ro^an. ' Sir,_On the subject of the notice r]o«;,.n 1 . i ^P"^''™' ^^th August, 1835. red to in your letter^f yesterdavtd.f. T l *° u' ^xv'"t.'^^ ^^'•- Mackenzie, refer- ed that in conversation ITmTm:^'J,^^^^^^^^^ be inform- to point out to him aa phiinly ^s I tWhf ! n^ ^^ ^°- ^' ^ ^''^ endeavour tenns the information he was ^deshis of t^ v^niV^J^^ in ordinary and usual have been much to the following purport :^^° ' P"^^^' '^"^ ^^'^^ ^0"Jd "PnM.-nr,.*- • 1. "'^^^^^^^""-^I IT MAY concern: '< at itfntt nsuiJlSn^r^J^^f application will be made to the Legislature " -Robert Kandall, EsquS^ fo? t^he en^.^"" ^^e Executor to the estate o?^t e late " banal for the revision of ceHahi ,1. ""f.^*™':"' «f «; law establishing a special tri! " Lots renumeralinrthe S^ds ^'^'^^,1" '^'' ^T' "^ ^^^"^'^ Iiench,^by which '' late Kobert Randall LlSOgfweTeadM^^^^^ *'" ^^T'" *« ^^^S « and conveyed to others • and nnHl Z • "'"'^ *? ^e sold, or were sold by the Sheriff "ed. all persons are w^^ned aL^^^^^^^^^^ " property." ""^ '^S'*"''* purchasmg or leasmg any part of the said po^Jctr^/^^pprterat^ "r-"" '» V= -ffioient for thepro- Gazette shaU not fail to bo duly attended to! ^ ' ' '"''"'°'' " "'^ "'=''' I have, &c., EOBT. STANTON. f- f 1 N No. 65. OTICE Th . ^ K ™^ NOTICES. ^^ .I^ob^r?i;?d:ilf tq^irtinreSf ^ ^^^«, ^* ^^^» of the late ake into consideration the merits of the pSLf^f Legislature, next Session, to >n 1830, and ordered by thrHouse of ^tSl .'''', '"''^ ^"^^'"'^ ^^"<^^"^ ^praying for the creation of an equitable M^r^ '". ^' ?/^?.^ °" ^'' Jo»rn«l«> land title to the Bridgewater LtlJron fli i -^ u '^ '"^''^^ '""^ *« t'-y l^^s right the compensation fo! \C Loss' sustain J ^^ ''^1°,^ '^'' ^""^ of Niagara, and MiefmaV be extended to the hrs runonaSl fn'^ ?''*t-'' "' *^«* «"^h ;ther bust and right. ' 1^°" "^ ^"" investigation may be found to be _ ^y. L. MACKENZIE. ..S;S:xrrteSdrc^:&i^^^^^^^^ tf-nTTRTTr. .• . ," '^^ ^^"^^VH^'I IT MAY CONCERN : ! :L 84 A' i: « late Robert Rtindall, Esquire, for the enactment of a law establishing a special <« Tribunal for the revision of certain proceedings in the Court of King s -«ench, by « which 950 acres of land in the Township of Nepean, in the County ot Carleton, «' consisting of Lots Nos. 38 and 40 in the first Conces^on from the Ottawa Kiver, « and the broken fronts of the said Lots, with the broken Lots, ISos. 10 and 11, " first Concession on the Rideau ; also. Lot No. 11 in second Concession, and the « front three-fourths of Lot No. 10, granted by the Crown to the said Robert « Randall, Esquire, in 1809, were adjudged to be sold, and were sold, by the bheritt, « and conveyed to others; and until the issue of such application shall be determin- « ed, all persons arc warned against purchasing or leasing any part of the said pro- '* perty." No. 66. Report of Select Committee of U. C. Assembly, Sess. 1836. I Note.— In the Session of 18.36, after ample notice to all whose interests mi^ht be affected, a Special Committee was appointed by a third Upper Canada Legisla- tive Assembly, consisting of David Thorburn, Esquire, (now Indian Agent, (rrand River,) Chairman; Mr. Small, County Judge, Middlesex, late Mr. Mackmicking, late Mr. James Wilson of Prince Edward, and Mr. Gibson of South York, who unanimously reported as follows, (and their Report, and the Report ot the bpecial Committee of 1828, with the evidence taken on both occasions, are embraced in No. 76 of Sessions papers appended to the Upper Canada Journals of Assembly m 1836.] No. 76. [From Journals of Assembly, U.C. 183G.— Appendix.] FIRST REPORT, From the Select Committee to which was referred the petition of William L. Mac- kenzie, Esquire, acting Executor to the estate of the late Robert Randall, of Chippawa, in the County of Lincoln, Esquire, or so much of the said pe- tition as relates to the Nepean and Chaudicre Estate, County of Carleton. MEMBERS OF COMMITTEE : David Thorburn, Esquire, Chairman ; Mr. Macmicking, Mr. Small, Mr. James Wilson, and Mr. Gibson. " To the Honorable the House of Assembly, &c., «S;c., &c. " The Select Committee to which was referred the petition of W. L. Mackenzie, <' Esquire, acting Executor of the Estate of the late Robert Randall, in his lite "time of Chippawa, in the County of Lincoln, Esquire, have inquired into the "matters referred to them, so ftu- as concerns the estate at the Nepean and Cliau-i " dierc, and beg leave to submit the following as a first Report ;— '' In the year 1809, I^Ir. Randall obtained a grant from the Crown of one thou- "sand acres of land, and a deed lor 950 acres in the County of Carleton, part o « which included water privileges of extraordinary value. His agents in obtaining " this property were the late Honorable Mr. Justice Boulton, and his son Mr. 11. J. " Boulton, late Attorney General of this Province, who thus possessed the means ot <•' acquiring a knowledge of the worth of the grants. | " The remarkable circumstances under which ]\Ir. Randall's lands were sacrificed- " the unusual hardships of his case, and the renewed etforts he made to obtain ju=-f " tice, are well known to the Country. erests might 85 the Jate Capt. John Matthews. "mitA'n^^t^encit wS iJ' ^'1? *'l 'T''''^" ^^P^n of that Co.- •' of the Bill which it8 Chatrnan rtortS' ""• '^ ' ""'' ^''''^ '-^""^^^^ also a copy "diction to do justice in th^caL X x. '^'^"5"*'?° ' ^""'"^ of Equi able Jurist ;;The House of Assembly paseJ't e Bi?!"'.!:;. fl '^V^^'^^ Willis to U the Judge, "posed, it is presumed, to its nlo n?» ' v f''' Legislative Council, bcincr op- "Mr.Randalfhad prev o^Vy aSl7to\t r '^'°^ *hrew i^oTt. " mstitution he obtained no redress! "'* '^ ^^'"^'s Bench, but from that "On the 14th of March 189q +],« vt r . ''provL^ttettefr *l?r ''°";' ^^'^ King's Benlh) it is wisely "therein.' No explanation caf^^^^^^ V'^ two puisne Judges shall pSe "conducive to the safet/ancri"bcrtv of tr^^'v ''' "^ ??' P^'^^'^^""' ^^ obSy ;d«ty, humbly to declar^e to VoSr^,t "^^ A"'' l"? ''.'^^u^ .^'''"''' «- "'"ge"^ attempts of the local administration"^ to^o'nn "^"'^ ^'^'^^^ ^^ ^° y^^^^ t« the mentsmade i" years of past mSbvesKHHr" "' V'' •i-ngerous encroach- ' law as would place the riS^htsSibai^L .? ""^ '"'^'^ '"^ construction of that ; this Province: at the disjo al o one Se a' f^TT^T"^ l^^«« of the people of "Judges. ^ ""^ °"'^' ^^^"^e a liberal salary is provided for three "of Kin^gf Blnctlte'^e/nl;^^^^^ «'?»« constituted our Court preceding Assizes, in a till n lij^l rr^^S?'''^"^^, J"^S'nent. At the 'i i' I ? ''i^^^Ze'i^^^^^ U-I^ed Kingdom addressed His Ma- ;; might be laid b°efore it' Ss Ma estv senTir; n?'"^ ^^^ dress from Upper Canada "be pnnted and placed among i s Srdrbu \^1J' ''",'^^/^' ^?^"^« ^'^'''^ it to "In 1830 he a-ain petitionod til TT I f ''"'^^" ''^^'''''^'^ "« relief. ;;introauced. Prde^cd^^r;h?;a'r:^^di'n^""b;^^LtT3?,:- 1^^ ^1 ? ^^" ^^ ot thirty-one to two, annointino- fl,« tt ^ *ote oi jj to 2, and passed by a vote ;;of the House of Ass;IF; o 'fo er CaS ^ YT '"T^''^^ •^>^"«''^"' ^P^^^t and do justice, but the WislS Coun'n 1.^ ^''/".^^i^.'^^' *« *'T the case .posed to the principle of th"cTlMtvv^^^^^^^^^ as before, it is presumed, op- nals, on the motion of Mi- iW hat tho " 1 T ? ^?™'"«tion of their Jou?- " to be deferred three months. ^' "^ ^'"^ "'^'^'^^ '^^ ^"""ther consideration h-t,Snf hisl'S^^^^^^^^^^ P!|;^^'«"' ^« "- Excellency Sir John Col- I'Ms application wLTod^i J o L^^^^^^^^^ !'=.^^ ^{. ^^ ^oulton, but ("hereto appended. Denenual results; Ins petition and reply arc "tl'cJSsptS'r'* '° "'° ''"''™°' '" Cl'-f "" the subject, ,ve „„„e. hereto IS Hi f : 8(1 km SK, 1 « In 1834, Mr. Kundall died, having spent nearly seven years of his hfe m aPn- "son, and tl e last thirteen years of it in a series of vam and fruitless efforts to ob- "tain in Upper Canada, thlt tardy justice which the defective organization of our - SiSal Tn^stitutions, t'he personally interested situation of some of our Judges, •'and the character and composition of the Legislative Council, denied h.m His "Exec to 8 under the Will, the late Colonel Thomas Hornor and the Fesentpe ,- "doner, took, it is presumed, such steps as they behcvcd to be the best, on behalf "oniis estate, ^vhen the cholera carried off the former and ."^thmg fur her was "done in the inattcr of the Chaudierc property until last Session when Mr. Mac- " kenzie applied for the interposition of the House, which appointed a Committee " ndTBd was a third time reported in a third Parliament for the adjudication of " he claim according to equity. But as it had been omitted to give a notice m the " a'zettrin the nrattcr, which affected private rights, further proceedings were <' deferred till the present Session. ^ , ^- . « After some difficulties as to the style and tenor of the notice, an advertisement " was placed in the Upper Canada Gazette, and the matter is now brought for the •' fourth time before the Legislature by petition. ,t t -n n " The correspondence between the late Mr. Justice Boulton, Mr. H. J. Boulton, "and Mr. Randall, at the time the former acted as Agents in obtaining the pro- "nerty from the Crown, a letter to Lieutenant Governor Gore, irom Mr. Mcbil- "Fivray, of the North West Company; and a letter from Captain LeBreton an "others who wished to buy the Chaudiere property or pars of it, are reported «Mie ew th. Mr. AVatcrs, a Member of the House for the District of Ottawa, was "de irid last summer to make inquiry as to the worth of the Chaudiere Fopcrty, « and in whose possession it was ; and your Committee have examined that gentle- "r^anrAvho is of opinion that it is worth about £20,000, and will greatly increase in " In'the concluding paragraph to the Report of 1828, we find the following pas- (( tage : — " Your Committee have to remark that Mr Boulton was conducting a (^use for " himself a-ainst his own client, and when they consider the nature of the debt, " TXJlnd multiplied irregularities by which the judgment and execution were " obtalned-the great value of°the property sacrificed ; and the expensive and fruit- " les endeavors of the Petitioner !o obtain a reversal of the proceedings, they " no Sate to recommend relief. Independent of the mterest of one of the " Jud's it appears that the Court of King's Bench, if they set the P;oceed>ng^^ "tide could not afford adequate relief, and therefore your Committee have e- " ^or e'd a Ml enabling the Honorable Mr. Justice Willis to inquire J" o the matter " alle-ed in the petition, and to do justice between all the persons interested. " Eight years have elapsed since the bill mentioned in the above extract w " repoiled-the veto of another branch of the Legislature continued to withhold " redress from the complainant, until the grave closed upon his importunities. " For the relief of his heirs this Committee do now report a similar bill to those " passed in 1828 and 1830, and its :Members unite in the expression of a wish tha " a judicial inquiry will no longer be deferred, but that justice will be speedily " done between alfthc persons concerned. " DAVID THORBUEN, Chairman. " Committee Room, House of Assembly, "30th March, 183{5." The Com Charles I Question claimed by '. Crown, dat{ embracing, \ quarry of fi town and o\ is immense : the increase which, toget with the lii important a( £20,000. Question i I have. Question i not the resu] are the resul W. L. Maci Sir, — I \\t and examinir Falls. It is, tells me that Falls to run No. 38 be £350 cash, a No. 39, ( Bridge at tlu Firth. Mr. W ^V. L. Mack I have beei life in a Pri- fforts,' to ob- zation of our our Judges, d him. Hig present peti- ;st, on behalf further was en Mr. Mac- i Committee, Ijudication of I notice in the leedings Avere idvertisement ought for the [. J. Boulton, ling the pro- i Mr. McGil- lioBreton and are reported ' Ottawa, was iere property, d that gentle- tly increase in rollowing pas- :ig a cause for e of the debt, ixecution were isive and fruit- dings, they do of one of the ,e proceedings nittee have re- into the matter terested. ve extract was 3d to withhold rtunitics. ar bill to those of a wish that ill be speedily , Chairman. 87 No. 67. Proceedings of the Comrailtce. Thursday, 21st March, 1836. The Committee met. ^ Charles Waters, Esquire, M.P., Ottawa District, called in, and examined:— Question 1. What do you consider the fair value of the property in Ncpcan claimed by Mr. llandall's heirs, and for which he has a Grant and Deed from the Crown, dated in 1 809 ?— Answer. The value of the property on the Ottawa River, embracing, as it does, water privileges of the first magnitude, and an extensive quarry of first rate stone for building, and lying in the immediate vicinity of By- town and over which Bytown would shortly extend if Plots were exposed for sale, is inimense at the present moment, and from the commanding position of Bytown the increase in the value of this property must be very rapid and very great ; and which, together with the valuable property at the confluence of the Kiver Jacques with the liiver Eideau, embracing as it does a most valuable Mill site and other important advantages, I should consider the whole, were I the owner, worth about £20,000. Question 2. Have you personally inspected and examined this pro verty?— Answer I have. Question 3. The statements by you, and now shown you [No. 42, above], arc they not the results of personal inquiry by yourself on the property ? — Answer. They are the results of personal inquiry, made by myself on the property. No. 68. Mr. Waters to Mr. Mackenzie. W. L. Mackenzie, Esquire. Bytown, 21st July, 1835. Sir, — I have been here about three days looking after the Chaudicre property, and examining maps, &c. I find Cuptain LeBreton owns Lot No. 40, covering the Falls. It is, or rather will be, Bytown itself, and is very valuable. A gentleman tells me that he will give £1000 lor the sole privilege of making a slide down the Falls to run timber over, and the lot will be a Town j)lot. No. 38 belonged to Judge Sherwood, and he sold it to one Peter Aylwin for £350 cash, and it is worth double that. No. 39, Clergy Reserve, Government holds as I am told, it meets the Union Bridge at the Ottawa, there are good buildings on it, occupied, as 1 believe, by one Firth. Yours, &c., C. WATERS. No. 61). Mr. Waters to Mr. Mackenzie Mr. llandall's Nepean Estate. LoNGUEUiL, 28th July, 1835. W. L. Mackenzie, Esquire. I have been at Richmond, in the County of Carleton, and at Perth, in the County 88 rfiii of Lanark, and liave examined the Office of Registry at Richmond, in going and returning; at Perth I examined the Treasurer's Office, and also the Registry of that County ; I find that from the Slieriffd deeds of sale of Major Randall's lands in Nepean, John LeBrcton purchased Lot No. 40, first Concession on the Ottawa and the broken front of said Lot, &c. ; tliat Levius P. Sherwood, a Judge in the King's Bench, purchased broken Lots Nos. 10 and 11, first Concession, "and Lot No. 10, second Concession, on the River Ridcau ; and that afterwards, to John LeBrcton, by deed and release made by L. P. Sherwood, Esquire, a joint proprie- tor of the Lot No. 40, first Concession, and broken front of said Lot on the Ottawa that is to say, one undivided half of said Lot and broken front thereof; and thatL P. Sherwood, Esquire, by deed conveyed to Jolm LeBreton, the one undivided half of Lots Nos, 10 and 11, first Concession, No. 10, second Concession, on the River Rideau, and that exchange deed or deeds of separation and division wore passed and exchanged between them, and thereby L. P. Sherwood owns east half of Lot No. 40, in the first Concession, and broken front of said Lot on the Ottawa, together with an equal privilege of four islands in front thereof, and that John Le- Breton owns the west half of said Lot and broken front thereof, islands, &c. These conveyances appear to be" of the nature of lease and release from one to the other, firstly, to make them co-partners, and then a division of Lot No. 40, in first Con- cession, and broken front of the said Lot, &c., on the Ottawa, which plainly shews whati had always understood, that they purchased those lands in partnership, at Sheriff's sale ; tiie Lot No. 40, &c., on the Ottawa, is in reality, and there raio-ht easdy be made of it, in my opinion, £10,000. It covers water privileges worth half that sura. The Union Bridge across the Ottawa, abutting on the Lot. For sales out of the broken front of the said Lot, you will notice the annexed memorandum ; there are two parcels or privileges, one of which, (an acrej, was conveyed by L. P Sherwood, Esquire, and Charlotte his wife, to His Majesty King George IV., on which stands a block of buildings at the end of the Bridge, built by Government, but now unoccupied. These are the buildings I formerly mentioned that were suppos- ed to be on the other Lot : this Lot and privilege are certainly the most valuable property in all this part of Upper Canada. ^ Lot No. 10, in the second Concession, River Rideau, comprises a valuable Mill site on the River Jacques, emptying into the Rideau ; broken lots 10 and 11 cover the mouth of that River, and front on the Rideau River. These Lots, together with No. 1 1 m the second Concession, are in my opinion, worth 40s. to 50s. per acre ; the lands are good, and privileges great. Lot No. 40, first Concession, &c., °" .*r V,"-^^^''*' "^'»'^*' ^""^ *" ^'^^^ ^'^^^' ""^ ™"^^* ^^ ^ continuation of By town, which will in a few years, be the most important Town in Upper Canada. There is no one on the lands on the Rideau. There are squatters on No. 40, on the Ottawa, but I cannot find out that there are any on No. 39 or 38, (Ottawa.) N.B.— The second parcel of land sold out of the broken front of Lot No. 40, on the Ottawa, is as follows,— Firstly, from John LeBreton, out of the east half a water and land privilege, &c., to Samuel Stacey and George Lyman Bellows, both 1 oreigners. Samuel Stacey then sold out his right to the said George L. Bellows, then George L. Bellows sold to Henry Stacy, then Henry Stacy sold out to Henry Church, Plenry Church then sold out to Matthew Cormell of By town, since dead; this 13 as far as I can trace any sales or titles in the Bathurst District; it has been a most extraordinary as well as intricate transaction. The conveyances appear to be quit claims, which shews a doubt of the title. L. P. Sherwood and wife, sold the acre to the King, in 1829, February 24th. Mr. Henry Sherwood professed to sell Lot No. 30, first Concession, Ottawa, and received a sum of money and gave a receipt, but gave no deed. Afterwards the Honorable L. P. Sherwood sold the same Lot, as I am informed, to Peter n 'P. <|l|i 80 Aylwin, for ^1,400, but I can find no record or deed. In this sale there is a inya- tery; this lot will soon be worth £10,000, if not now. Your'a &c., C. WATERS. No. 70. Bill No. 4, Passed by the House of Assembly of U.C., for Randall's Relief. rNoTE. — Mr. Thorburn, for the Committee, then introduced a (fourth) bill for the relief of Randall's heirs, which passed through a Committee of the Whole, 28 Ayes to 10 Noes ; and at its third reading unanimously. This bill was similar to the three bills preceding it, except that it appointed the Honorable R. A. Tucker, who had been Chief Justice of Kewfoundland, and was .afterwards a member of Sir George Arthur's Executive Council, as the Chancellor, to do justice in the cause. The Legislative Council, as then constituted, sought not to amend the bill — they threw it out — would give no relief, and offered no reasons for their refusal. The Assembly placed the Report and evidence as a record on their Journals,^ of which they occupy 31 folio pages. Next year (1837) came the political difficulties, the result of which exiled many Members of the Legislatures of the Canadas, and prevented this Petitioner from taking further steps in fulfilment of the tru^t reposed in him. Colonel Thomas Horner, M.P.P. for Oxford, the other acting Executor, (lied, of cholera, a few months after Mr. Randall's decease.] «. -1 No. 71. Devisees residing in the United States. Messrs. Fillmore, Hall and Haven, to W. L. Mackenzie. (Copy.) Buffalo, Feby. 9th., 1838. " Hon. W. L. Mackenzie, "' Sir, — We understand you are one of the Executors of Robert Randall, late of " Chippawa, Upper Canada, deceased. We have been requested by Gerard Wil- " son and his sister, of Baltimore, and the represcnfative of Randall Wallis, to " make some inquiry as to the situation of the estate and its prospects. We un- " derstand you are the only Executor who has acted under the wilK May we " trouble you to write us immediately upon the receipt of this, and give us such " information in relation to the estate and its settlement, as you can communicate " from recollection, and such papers as you have under your control. From what " we have been able to learn, we are led to think that Mr. Randall was greatly in- " jured by the Government Party when living. " Please direct your answer to Mr. Fillmore, M.C., Buffalo. " We are, respectfully, " FILLMORE, HALL & HAVEN." ,'t • 90 I William L. Mackenzie made such a statement as his then situation permitted, anQ on the 14th of April, promised further information.] Mr. FiLLMOHE replied : — Honorable Millard Fillmore (late President of the U.S.,) to W. L. Mac- kenzie. (Copy.) " Washington, April 20th, 1838. '* Honorable W. L. Mackenzie. if Sir, — Yours of the 14th is received. I hope it may be convenient for you to " give my partners the desired information soon. You can address it to rao at " Buffalo, and if I am not there it will go into their hands. •' I am, respectfully yours, " MILLARD FILLMORE." '>m I ^ No. 72. Opinion of Hon. Robert Baldwin. Hon. R. Baldwin to Mr. J. II. Gulp. Toronto, 13th July, 1838. Dear Sir, — I should be happy to afford Mr. Randall's family any professional assistance in my power in pursuit of any rights that may be found to be unjustly withheld from them. It would, however, be impossible for me, consistently with my other engagements, to leave the city at this moment, and, indeed, from the little I do remember of the subject matter of the business to which your letter refers, it would require a much more lengthened investigation, preparatory to submitting it to the consideration of any one, than I could at this time appropriate to the purpose. It was, I believe, the subject of some Parliamentary report — if so, this might be made the foundation of an application to Lord Dui-ham. But if the matter is to be gone into fully, with the view of any judicial action upon it, you will, I am satisfied, find that it canuot be done but at the expense of much time and labour. Lord Durham, of course, cannot alter the legal relation of parties. An applica- tion to him for such purpose, would, therefore, be inoperative. And for any other, the Parliamentary Report, which I have not, however, at present by me, would, 1 should thinkj answer every purpose ; at least, if tlie subject was, as I presume it was, fully gone into. I remain, dear Sir, Your obedient Servant, ROBT. BALDWIN. Mr. J. H. CuLP, Drummondville. as soon as a No. 73. Judge Shcnvood's application for part of Amelia Island. (Copy.) Toronto, 21st May, 1840. Sir, — I have the honor to acknowledge the receipt of your letter of the 14tli LMORE." 91 instai \ on the subject of my application for a part of Amelia Island, at the Falls of tl)c Cliauditirc, on the River Ottawa. I would like to receive a license of occupation of the lower half of the Island (about five-eighths of an acre) till I can obtain a prant of it from the Government, or a purchase conformably to the copy of the Minute of the Executive Council referred to by you, and which you were so kind as to enclose to me. I have the honor to be, Sir, Your obedient humble Servant, L. P. SHERWOOD. The Hon. R. A. Tuckeu, Provincial Secretary. No. 74. Judge Small to Mr. Culp.— As to the management of the Kandall Estate. Toronto, 27th October, 1840. Dear S-r,— Yours of the 20th cr.rae duly to hand ; and I have to inform you in answer, that nothing has yet been done in consequence of a difficulty havmg pre- sented itself, in respect to Uv. IMcKcnzie, who altho' outlawed, is not thereby de- l,rivcd of his right to exercise the office of Executor.- 1 he Couit of Probate Ihereforc refuses to interfere unless he will consent to relinquish his Executorship. I am however not without hopes that I shall be able to convince the^ Court that there can be no objection to your being appointed during McKenzies absence should I succeed every purpose will be answered. I shall communicate with you as soon as a decision is come to, and should have written sooner, but was in hopes of being able to acquaint you with the result. I remain your obedient Servant, JAS. E. SMALL. iNnonsED.-Lettcr of James E. Small, Esq., relative to the Randall Estate, dated 27th October, 1840. Ml ALDWIN. No. 75. Judge Small to Mr. Culp.-As to the Administration of the RandaU Estate. TonoNTO, 20th May, 1841. Sir,-Your letter of the 17th is before rae, and I regret to find that you have not been made acquainted with the decision of the C;ourt of Chancery »n yo«; ^f «. I gave instructions to the young gentleman in my office some three months ago to .-i^tetoyou upon the subject,' and -^^ ^\^ *" ^'^r^'^^'' ^T'^f ^rn.trwill have now to infirm you that the Court of Probate, as also the Court «/ <-h»n«ery. will not interfere by appointing another Executor or rather, an administrator with the will annexed, in the life tiaie of Wm. L. Mackenzie, without his ^«\^"<1^;^'^'^^"J ^^ his Executorship. The only i^rospect of succeeding will be by hlin- a bill in Cliancei y to compel Mr. Mackenzie either to proceed with the Executorship or to relinquish, 1)2 u t U when of course, ho will bo ol.lifred to do the latter. Should you dctermino upon this course, let mo Icnow immcdi'itcly. ^ Mr. Isaac II. Cllp. Youi'a &c., JAS. E. SMALL. No. 7(). Messrs. Turner, Gvvynne and Bacon, to Mr. Gulp. Mr. Isaac Gulp, Druinmondville. 1? ?®"f Sir, -Enclosed you will receive the Letters of Administration of the late Kobert Kanda I. You will observe that the Court of Probate have not required Xlonds as m ordmary cases of Administration. With respect to the last clause in your letter, stating that E. C. Gampbell, Es- quire, at JNiagara, is your man of business through whom your affairs will be transacted with us hereafter, wo are at a loss to understand precisely what you in- tend to convey. You were pleased to retain us and especially inform us we were ttTl^''^ R['k'Ti ! '" ^""^ contemplated proceedings ; and if after this your inten- tion should be that we arc only to act as Agents we must beg to decline doin-r so. It, however, you merely intend that we are to act as principals, but refer to Mr. e:sS!:v:':X':Mr'"" " ""^ '^ "^""'' "° ^'"" '^ ^'^^^^ ^° "^^ ^"^ ^^^^ We are, dear Sir, Yours, very obediently, Toronto. Feby. 0.. 1844. '^''^'"'''' '^'^^^^ * ^^^ON. Indorsed.— Mr. Isaac Gulp, Drummondville, Canada. I ^' ■1 3^ ^^^^^^UlH ^^H L' (; ^^Hm^iSi^ .■'A No. 77. The Executor's Warning to the Public, relative to the Nepean Estate. BvTOWN, (Canada West), September 28, 1850. Estate of the late Robert Randall in Hull and Nepean. JJAVING observed Advertisements in the Bytown Papers, and received copies ot Handbills concerning the Estate of the late Robert Randall, Esquire, M.P., In^t^lu. P''°l'«'^^ .^'^l^^', o'- to the management of said Estate I hereby give notice that no person is or has been authorized by me to interfere in or transact any business relative to sa.d Estate, and that agreements made without my concurrence will be round to he. nnl am} vnwl •' will be found to be null and void. Toronto, 23rd September, 1850. WILLIAM L. MACKENZIE, Executor. 93 No. 78. Lot No. 40, Nepean Its valae. — How advertised for sale. — George Mallocli, Esquire. — His Evidence. The Petitioner, in a suit tried lust Fall Assizes, nt Bytown, made inq"*ry afi' r nnc of the Hon. .Tiunes Monis'.s brotlicrH, who was at tlic salo of the Chaudiere Kstate, at Brockvillo, but found ho had died. While Gcor<,'e Malloch, Esquire, was under examination, ns a witness for .Judge Sherwoud's heirs and devisees, Petitioner 8Ug!i;csted to Afr. Lyon, M.P.P., then of Counsel in the suit, to ask him whether he knew of the advertising of Lot No. 40, Nepean, Ottawa Front, or waa present at the sale. He replied, that ho did not recollcet hying present at any sale, though he might have been ; that Judge Sherwood, previous to the sale of Lot 40, had sent him out to Point Nepean, to aseertain its real value ; that he supposed, though he did not know, that the Lot had been advertised in the U. C. Gazette, but had no recollection of the fact ; the Brockville llecorder was established about the time ; he (Mr. Malloch) did not remember that any notice of the sale of Randall's land was inserted in it, though it might have been. No. 79. Letter from Randall's Attorney in 1821, as to the proper remedy- in the case. BaANTFORD, 24th January, 1853. Dear Sir, — On Friday last Mr. Thaddeus Smith called on me, and stated that you requested to know if I could make any suggestions that would be of service in the Randall affair. I have read your Petition which you sent me, and I feel that if you can only get the Legislative Assembly to act with the firmness and justice which our Upper Canada House of Assembly did on the occasion, there will be little doubt that justice will yet reach this iniquitous transaction. If it has not yet oc- curred to you to put a clause in the Bill that the Statute of Limitations shall not be a bar to the action that the Estate may bring, it is highly necessary that it should, for any relief that the Legislature may afford, should not be defeated by the Statute of Limitations. This is all I can think of at present. I remain your obedient Servant, ALEX. STEWART. W. L. Mackenzie, Esquire, M.P.P., Toronto. 18 w „r. ' i< > • ' ■•"late, ,„ tl„. Clclv it ,'''"'■"• '''^™''""'' »" fT . Ncpoan. =• ^^'"'""' L"' No. Sy, tWossion A. ,' US I in iPi'brunrv IMny "^ July Randall's IVlifion for 2.5, 9.'1 1809 1821 do ••'•Hr'^'n A, of n';",;,' _ ^" '" ^«' Concession, and 39 in Con- Randnll's Lca'.sc "lUr'-lirinT'l"/. s 10 11 '■'"•.V'*'P'''*i''>,' AiToaiH of lu ' JApril 15, i82i. . luurko m'l'i'''"' '^'' '^'''^ "'' ^-"' •■'" do 13, 182i. 21, do . Cameron, to y Kent "'"""!,'. nn.l i(.,.on„,;jn".iinV Hen,-;.: to Col. (,'o,kl,uni. tian -™.-i...ri,.,;„i;,:;iS«r«lf,£'r^lt;S 9!) OS 100 100 101 101 Fcbn "«"y C, 1830. iLieutennnt Ciovcrnoi 12 18 January (\^pril do iugust do do November j do 2-^, 2, 21, 22, do 8, 1833, do . do . do . do .. do .. 24 do — , do jFcbruary c, 1834 |Octobcr 11^ 1838. I December 11, 1830. ' ''o 28, 1840. jNovembcr 2, 1844.. o-!iectio„^S'';iE,f^;^J2M;!;Ige t^^ ^^HI i. „o ^omm,s«io„er P. Kobin^on on i it tin of '^''in "^ .'"^^••« """'"ty ■ requu-ed for " P.,bli; p,,,;'.,, '' "^ * ''*'' •^' "'"^ ^ho Lot is tory roplv ' '^'•^l^^'<-'t'"S liis Petition and 103 101 104 10.J • |Socrotar • j James tory reply Colonel Elliot and un.satisfac- .' tion be settled '. "° ''"" ^"^ ''one •ill^i^J'lieSdStr '. communicatini- r)i',lnV;"n' V'" ' " '•i ','> i''« only part of Lot l!" 'll-iH^^I^;'; i;^^"'"" "ot lor 3!)" tion be settled Andi'cn- Tod to !■ I Clergy lie ' Kocheste in 1st Con- reserve qties- 100 lOG lor m 107 108 25 do __ do -ouicster m possession of 3^ in ;'' wciipants on '?'i r'.. ' ^'^^ Cone t">''K(l, With Vi ' V Tr'*''' ,^^' «'■ "-''O'n 'or thelrVuo 4anE" ''"" "'"' ^^'^ P''^' ^^'^ Chitty, shews cession, and three JticLachlin is re- inning and Dorin f*'^Ja^S:iCS;''j.^..i: •ID 44 43 40 47 48 4fl no 51 C2 J)3 54 95 It I 11 I . J i I .1.1 l l K fi. ili.)— {Continued.) ^^>mmittoo on tlici ■cased, ns far us, Concussion A, k >n, and 89 in Con- ' ' w • 100 imro CoinniiHsion ]0(l ;. 101 meiuliiin; lierrie's iiiid Landinnf ^ . ]qj ! Governor's pcr- 103 •, :•• 102 to send Petition ; 108 ! can bo no ob- ,• 103 licic will be no 10 Land should 103 ;.•.• •,: 101 indispensably • 104 >P at Bytovvn, mere nullity... lO.j -liat tho Lot is 105 °\c 105 nd un.satisfac- 100 permission to *sion, Nepean lOfi Ncpean, (part ••••. lor , I'etition not ••. m '. in 1st Con- 107 "cserve qnes- 108 * of Kandail : 108 "tty, shews 1. and three ■t^hlin is rc- ; and Dorin 109 F should be m Xo. nil) J!i Juno 30 n A T K . SUBJECT. Novuniber29, 1811. 31 32 33 34 35 30 37 38 30 40 •U 43 44 45 4fi 47 October 21, IS J;").. 2(1, 1841.. 28, 1838.. \pril September 3, 1845 0, do 48 do do do do do do tlo do October do do do do do do 12, do IC, do VVnihum Stewart transnn-ts Rochester's Petition for both Lots, statcs^"^"' hiH puiviin.so from Firth ' ,,« n II .ove, I St nmci.H l.a.luc^.re.s AssiKiinient to .Mid.iulili,, 113 "''vet i't ' "'""' ^" '''"■''^■•''^''" '"^ ^'■'"'•^''^•'' O^'"'! if I'" can '" '^''''m^h!:^iii^'^^''' ^^''''^' "Airhiavit" tllut hV leased housV from 113 113 1!', do 20, do do do 27, do n, do do do 4, do 0, do 0, do do do — , 1841 February 12, 184(i, '" ''''" Hhi l^'"' '^'""''' ''"'""'""' t'"it KochesteV iias'exeVcised owner- fn above, nth. i).in<"un Stewart,' that ■Roehcstor' inadV no ■iiniiroVo- "'^ iiicnts on 3:t, Conoession A, Nepeim .. ' 114. rnnI)ove, (1th. Donald MctJrefior, that Rochester in'ade' no 'iinproVc- I iiioiiLs on 8<), Concession A 11J do do .. fn above, 7th James Skead, that RocheskV^^mdc' nV impV^mnonts on .j!i, Loncession A ■,-,[■ '""''"tenant''' ^'""''''" "''''"'^"'''' '''«' LaJucere 'was 'liochJs'tei''H 115 do 4n do do no 51 52 54 Mardi do May do 4, do 12, do 17. do 24, do 27, do 21, do 22. do In abon. -(tl. 'i:'. 'v^u^; \]M iiir^ot" ^^nni^^i^n'from lio.JiJste; \i ^ take stones of;!!), Concession A., .te 1 In above, loth. K. Sparkes, same purport as preJe'd'ing,' 'b ut' doc's n^t specily, .i'.), (oncesiioii A, separately . . 1 ' T-' 1 '"'■„•;, '''■'!''";• '"'r '""1 iio^l"-'«ter's per'mi;sion't'o"tak; limber oil the IJrokeii Front 1 In above, 12th ^Villiam McLachlin, retails sundry 'co'nv'er^at'ionswith nis brother ^ above l.'ith H. Ratliuell, statiiig'det'aiIs'which'hc>'^nsidJr'e;i' "to eslabhsii Jioelicster s claim 1 -. above, 1 1th I'. McUauvern, ivnewof'Rjc'h'estei'gixVngpcT^^^^^^^^^ to take hlones, \c, ' ,,„ In above, 15th. J. Perkins, states wli'a't'liJ ii'as'lu'a'r'd ' n.) In above, 1 (Itli. Jaiues Rochester, tlmt Luducerc built by Rwhcs'ter'^ permission, lU'., and paid Rent ijo In above, 17tb. C. T. Raines, en.ployed by Rochcs'tc.; 'to' pros'e'c'u't; 1(5 lU 17 . 117 17 his claiii: In above, I8tli. Lease from Rocliest'er'to Rai'iiiii'i'^ ' R' '■ » -'i :"• • ...... ^' • • 120 121 veport, llouthillier's, recommends that Rochester 'b'e'allowe'd' to 'n'u'r- chase Lot 3!), in the 1st Concession, and that .'ill, Concession A, he sold at .Xiiction joi Strong's Petition to reserve these Lots to endow Ch'u'r'c'h' of 'Enola'n'd' " at Rytowii ° ' j,^, Report, Routhillier, on Strong's Peti'tio'n,'advJr'se' ] ." 104 ( )nkT in Council, directs that both Lots bo sold i,ei.arately to 'ifdches- " tor— 3I\ m the 1st Concession, under tlie Clergv Reserve \\..r „M 1- n '."r"' ■■'?'' f ' "n ^^"•'F'^'''^'^" ^^' •""'"• -^> ^ec'Land Act. 124 McLaclihn s Petition to be allowed to purchase ;J!l, Concession A, at .i 1 per acre ' j-^ Lyman IVrkins, Petition to purchase 30, 'Concessioi'i" A! 'at' i'l's per acre • ' j„g 0. R. Gowan, urging completion of sale to' Ro'cii'estc'r 12G Keport, BoiUhillier'.s, that sale, under Order in Council 7th 'Pebr'u'a'r'v to Rochester, was withheld, on account of Strong's Memorial 01 2«rd March, (wanting), and proceedings in Legislative Assembly, but opposition being now witlidrawn. as he is in- tormcd ^3- Mr. Cow an, sale m.ay be carried out . .'. . 128 90 (B.)— (Continued.) CO 67 68 69 60 61 62 63 64 65 20-23. I Order do jjuly do do August do 24, do 1, do 13, do 15, do 19, 24. cession C6 67 68 69 70 fright accrues through Firth.-ord^r 3 i^'I^t Ton- to be sold at aucton, Rochester to o-pf V ,1,,; «p u" ,t • • 5°^l'^ ^'"' '■'•P™"*« P'-climina^y "sur;;; July 13 do Isna^ f;S '^ P. u*' ^*y;'"° '^on^Pl^ted survey .... , ao . . Isaac F rth, that ho sold both Lots to Rochester in 1 s-5 1 I'"" ^Slr '^ ^'-* '- -1^ both lITo rVeS in- isae; (no ^'^'^ ^:^^^. ^^^'J^o^lu6s -or-ora,; in*6;;.;cirof ];i juiv:: 127 12? 128 129 130 September 25, 1846. 132 133 133 recapitulates Firth's December 8, 1847..lOrder 71 72 73 74 76 76 77 January do do do 4, 1848.. 17, do ., 22, do 28, do cLaim, and denies it in toto, to either Lot n to novn„H,„. Rochester to purchase, at «st»s^5?^tifisE^"^"^ Sale advertised of Town Lots'(fr( February 8, do . do do do ., <^o do do .. April 20, do ,. January 5,1850.. 1848) '"" '^°*' ^'^^"^ ^^''''^'' ^^'-'^^^'^ of 8th Januaiy" 1840 Order in . Council sale to proceed. . °*'' ' ^'"''"S which on his part, William Stewart to j A " jfaVlinn-'M' r ■ " '• Rochester ., ^^^^i^onald, Commissioner, on behalf of ier's, refers to Order in Council of 25th SeptmbJr; } T^':^'^ ^'^ "^« b? sti^'od lill i;t 'Mky! 'Mio'{-o 133 134 134 135 February 20, " ■ 11, March 78 79 80 April June do 29, 20, 28, do do do do do being cor- 139 130 137 138 ^"^'t^sS^X ^"'"^'^'-"^°f valuaiio;;;>>-Town Lot; '- ^ ^SZ^^^^^i:^^^^^ in A. J. Russell to John Durie cilK o^fl?' i "ff"?" ^33 ^ Concession A, by ts rcmarnS 1 to deterioration of Lot 3t», J. Dune calls Comm s%„ers' attenHon Tn *° ^u'^P"'' -139 J. H. Price, CommissionerX Di^f t,n C of S / ''' may be carried out in f vn. T o I f ^^'^**^'^""^''y. 1848, claimed by Sparks Rochester, for the part not Durie to Rachestcr offcringas atove ^^^ «.e Lot ., . r»„^ 'iS,V^ZXU!lufZ.VS"' '" in Council, rescinds previous Order of 17th Februarv rlo.: ^'^''' ■— that any right accrues thron..h F.v+i, J '", J on""TJ '-^in'cs ■ 87 89 9C 07 98 99 loo 101 102 103 104 105 106 107 142 97 -( Continued.') 1, , P'SS' bniary,— denies 89, in 1st Con- ?et value of his >n A, be siirvey- the inhabitants • • • • ' 127 n, and stating 12? iinents thereon, Concession, at vey and sale of i by Order in , 128 >9, 1st Conces- J2g , Nepean, into 129 130 131 132 i 133 rm 1836, (no 133 )f 1st July,— to either Lot, > purchase, at ' 133 rict Agent, to 133 8th January, 134 iised without li September, 134 1 September, 135 y, following, :;riod, at the on his part, 139 on behalf of 136 Lots being 137 itty, of cor- 138 uspended in 139 n of Lot 3t>, 139 " 140 uary, 1848, le part not 141 141 tion , , U] to value of I Lots.... 142 DATE. 87 89 tl6 07 98 99 loo 101 102 103 104 105 106 107 February 3, 1852. do 21, do . July 23, do . do 28, do i August 4, 1852. do do do do do do do do do do 5-7, do k 4, do . 9, do . 11, do . 13, do . 18, do ., do do . 19, do ., — , do . , 24, do ., do 26, do .. do 30, do .. do do do . . September 4, do . . do do do do . , 0, do do 14, do . . October 12, do .. do 11, do .. do do do .. Feb. i & Mch. 27, '24 Page. Malloch to Rochester, thinks case quite clear and ofiFers assistance . . 143 Rochester again urging his case on the Commissioner, (with copy of reply, same No.) 148 Rochester's Petition, presented personally by himself and Malloch, again stating his case 144 Aumond and Egan, certify that 39, in Concession A, is occupied by Rochester with a House built, and ten or twelve acres of land cleared 146 J. C. Tarbutt, Mem., shewing Departmental action on Lot 39, in the first Concession, and 39 in Concession A, to be the same as on Lots in any other Concessions lying contiguous 146 Report Commissioner on Rochester's Petition, gives brief history of case, shewing the utmost conceded to this date, to be, permis- sion to purchase the Town Lots at their full value 146 Order in Council, allowing Rochester to purchase tlie whole Lot at 60s. per acre, with interest from 1848 147 Rochester assigns joint interest to Malloch 148 Commissioner to Public Works Department, inquiring what reserves are necessary 149 Secretary P. W, replies, that no grant should be made, improvements being in contemplation 149 Malloch and Rochester, urging issue of Patent 149 Robert Bell, describing reservations indispensable for Public purposes. 151 Daniel McLachlin, M.P., that reservations are indispensable 152 Andrew Russell, Mem., on importance of Ottawa Navigation 152 Imperial Order in Council, extract shewing that pre-emption could only be extended to Clergy Reserve occupants of the stand- ing of five years previous to 1841 153 Report by Commissioner, shews that no claim to pre-emption exists, that the Lot is required for public purposes and should be reserved 153 Petition of thirteen inhabitants of places on the Ottawa in favor of Rochester 156 Mr. Lee to Mr. Spragge, inquiring how certain Lots in Concession A, Nepean, are granted 157 Mr. Spragge in reply shewing that Lots in Concession A, are described separate and distinct , 157 Petition of thirty-two Merchants of Bytown, in support of the Public Interests, that Reserves are indispensable, being themselves engaged in the lumber trade 158 Petition, Magistrates of Bytown, (ten) deprecating sale of the Lot at about £110, as a public wrong, the real value being not less than £5000, and urging indispensable reservations for public purposes 159 Petition, Corporation of Bytown, deprecating sale, and describing reservations indispensable for Public purposes 160 Rochester to Provincial Secretary, urging his claim 161 Malloch to Honorable Malcolm Cameron, urging claim and stating position of the case, and his suspicions, with inclosures , , . . 161 In above, 1st. E. Hawkins Aflidiivit, that he fenced, ploughed, and planted for Rochester, &c 163 In above, 2nd. Charles Heney, Affidavit that he occupied a house built by Rochester, &c 163 In above, 3rd. G. Hillier to Mt^jor Burke, two letters — Firth permit- ted to occupy 164 m 98 (B.) — ( Continued.) No. DATE SUBJECT, 108 April lOOlOctober 110 111 112 9, 1824. 25, 1852. Novembftr 2, do do 9, do 113 114 115 116 117 165 November 9, 1852 118 lift 120 121 122 123 124 125 126 127 do do do do do do do 12, do do 13, 24, December G, do do do do do do do do do do 15, do 13- ■14, 20. 24, do do do do do do do 128 129 130 131 do do do 24, do do Jany. 29-31, 1853., 132JFcbruary 5, do . . 133 do 5, do .. In above 4th. Sir P. Maitknd to Lord Dalhousie-Firth to occudv^' Clergy Rcscrvo adjoining? Richmond Landing. . . . . "'"^^ ,,,, ^^"""j^'Sih'a^-say^''."^'""^"'^ Affidavit of what he" hea;d "^' Petition of WiUiam Lyon Mackenzie on behalf "of ih^ Estat; of late Robert Randall (no copy kept, but 2nd Petition, 12th Novem- ber, gives his case fully) ' ^^"^^em ^^'°'*RthesteTc"as7 °" ^^' '"''''''" '^°'="'""<^"t«."'n theMalloch a^d ' Report Extract Registry OfficV, By tow;; 'si^^ RocheisieV to'llrVuVch ^^' ?=fioS\':^l^;r'"'^ '-''-''' '-' ^~'- -J ""''"'tS^ SSS'f"'""' ^°"^^"^"=' ^'^ '"""^^^^ KochJsl "' Report on Squatters' Petition, with' pVtition "of Voth Jiin^' rthc Re- "' port^having been made out but not sent to Council at that ^'""°dn*if'.^!;"^- ^f"^"^' entering mm-; fbily into'd^t^ilVof Ran- ^^^ ZtLrPl^^lZf 'IT'^'^'^y t" K-^ecutive Council without g'en^in'So?^^"!^^^""" "'^^ ™'^'^'' '"* ''^ '^'^ '« f"">^ . . . {Petition, Mackenzie to be heard before the Executive Councii r- ' ■ ^'''^"Venif ^.'!":?'.!^'-"^^''''"= '''' P^P""^*^' of LargMr.-Mac: '" Order •« Council," .^'nVnding OKicVof Stii' and' 7th "of A^i^ii^t 'ind making rcservation>, -c^Uo""', ana Memorial (second) of Town Council' ;f Byt"o\;;,; 'ex;;re.;s'i;i;' k'lrr'.rise a pait ol the Lot for Public purposes of the Town and sliew Ronor/nf t' ^^''t' *" ^'^ ''''^'^ '" ^he Corporation .' . "" 'in Council oroll'S^* ""^^^ ""''' ''' ^^^» >"ade o^ Ord'c; iL7;h. ^"^"' iNovember, on account of a doubt of its ITS ITJ legality Order in Council amending former Order "(r 111 Council amending the above by st tiU arrangements are made to prev.. upon the (Jovernnicnt, in case of decision hereafter that the •eceived 10th) ■ig mu auove oy St -• - arrangements are made to prevent recourse being had nlT ■ n , '^'"^"u'l'fe' lormer Urtler (rece ved lOtlA 181 183 January 7, 1853 . .»t>'eets are vested in the Corporation .. ^c, Commissioner to Rochester intimating foregoing d'ecision ' cr=r:no|,SsS!;nS^^ ..nSg-^r: ieseSr. " ^''■"''' '"* "•'•'■""^'""^ ''^'^ chain and a half John Egan M.P., thinks' Mi- 'R^d'i^.^t'er'an' Imneist "mi'm 1? '"^S^T^r^fuit^c"'^'""""'"^^' and, rgdnri-eopeidiig ih; '' ca«e for fmtlier concession.s, quotes 0. C. of 17th November 184r, m the case of N. Macpherson .... ^^ovtmncr. Nothing appears under this number in the manuia'i'p't i?oun7iro 'oS'v^'"^^ ■■^■^"•^ '" aa.oidance'^Jith ''' Counal of 24th November, and 20th December Order ( )rders 1852 Ill I ^^cenStTSl "!':p""« *™ °^ ^^^^- - ^'--". of 20th 'Attorney General Richards m ,-, ,- , , IS, that acceptance the Order ui Council is in accord.incc with 190 190 ! comnienclno 90 I ( B.) — ( Continued.) )f what he heard » the Malloch and im with Rochcs- h'o. 135 136 DATE, February 7, 1853 . . April 5, do . . do 25, do . . SUBJECT, Page. Malloch and Eochester protest against their acceptance of the 5th, as havinn; hw.n extorted from them, and accuse the Government of studied fraud, &c 101 Russell and Merrill Koport, as directed by the Commissioner, whether reservations are necessary, and describe what they believe to be indispensable 192 E. Malloch, respecting trespass on the reservation, desires that Com- sion issue to County Judge to stop it 195 No. 1. JTo His Excellency Francis Gore, Esquire, Lieutenant Governor of the Province of Upper Canada, &c., &c., &c. In Council. |The Petition of Robert Eandall, of Cornwall, in the Eastern District of the Province of Upper Canada, Merchant ; Humbly Sheweth: That your Petitioner is desirous of Leasing Lot No. 39, in the first Concession- lor front of the Ottawa lliver, opposite to the Falls, known by the Shawyees, in I the Township of Nepean, a short distance above the mouth of the River Reddau. Your Petitioner therefore prays your Excellency will be pleased to order a Lease [to be made out for said Lot, in the name of your Petitioner, agreeable to the ex- listing regulations, and permit Darcy Boulton, of York, Esqr., to be his Attorney Ito receive said Lease, when the same shall be completed. And your Petitioner will ever pray, &c. Indorsed. — Copy, Robert Randall's Petition for a Lease for Lot No. 39, in the [Town of Nepean, Oct. 5, 1807. No. 2. I Copy — Randall's Lease, Lot 39 in 1 st Concession, and 39 Concession A, Nepean. LEASE to ROBERT RANDALL, of the Town of Cornwall, in the County jof Stormont, in the Eastern District, Merchant; all that parcel of Land in the I Township of Nepean, in the County of Carleton, in the District of Johnstown, being the Clergy Reserve Lot Number 39, in the 1st Concession, with the Broken jLotNo. 39, in front thereof, upon the Ottawa or, that is to say, Grand River; I commencing in front upon the Ottaw.i or Grand River, at the North East angle of the said broken Lot No. 39 ; then South 16 degrees East 151 chains, more or less, Ito the nllowq,uce for Road between the rear of the said 1st Concession and Lot I ti',\ i'V t,r 100 in the Concession B, granted to Christian Wallascr; then South 66 degrees West 20 chains, niore or less to the limit between Lots Nos. 39 and 38 ; ^hen North 16 degrees West, 125 chains, more or less, to the Grand or Ottawa Kiver ; then l^asterly and Northerly along the water's edge with the stream to the place of be- ginninnr; containing 276 acres, more or less, with the allowance for Koad » . ;ween the broken front and 1st Concession : for which the sum of Thirteen ehillings and nine pence of lawful money or 4 bushels and one-eighth of a bushel of wheat is the annual rent for the first seven years ; Twenty-seven shillings and six pence or 8 bushels and one quarter of a bushel of wheat for the 2d 7 years, and 41s. 3d. or 12 bushels and three-eighths of a bushel of wheat for the residue of said term. S.G.N. Tiat No. 669. Description. No. 682 Lease. (Signed,) CHEWETT & RIDOUT, _ A. & S. Order in Council, 23 Feby., 1809, under the administration of Lt. Gov. Gore Ihe Kent to commence from the next Qr. day after the date of the O.C S.G.O. 25 Feb. 1809. CO. No. 788. A.G.O. No. 669. 25 Feby. 1809. No. 3. Mr. Reward to Mr. Randall, about Reserve Rent. ^^^^'^ ^ ^ York, 19th May, 1821. >Jor-*u^l"°*U'^PP^*'". *''''* any rent has been paid on Clergy Reserve Lot Ri'l'pr^n'^J,. T '* ^?"«^/«'?"> ^"'i broken 39, in front upon the Ottawa or Grand Kiver in the Township of Nepean, containing together about 276 acres leased to FlVl"3s lOiT^' ' ''"' *^''''°" °" '^' ^^'^ ^^''^ ^^''' amounted to The Corporation for superintending and managing the Clergy Reserves have therefore directed me to request you to pay or cause to be paid to me forthwith, that amount as rent aforesaid, in order that the same may be entered in account Otherwise measures will immediately be taken to recover the same. I have &c., &c. (Signed,) S. REWARD, Secretary and Receiver to the Corporation. Robert Randall, Esq., &c., &c., &c., Chippawa, N.D. No. 4. Chief Justice Robinson to Mr. Secretary Cameron. Fiat for a Commis- sion — Randall's Reserves Rent. York, July 23rd, 1821. Cjur,.-! have the honour to request that you will prepare a Commission uuder the a Lease of Vot M, "^K •""' *° pquire whether^the rente have been duly paid upon -'Jnfiber thirty=nine in the first Concession, and broken lot nutttber thirty- ■nine containing 1809. Th wood, Esq To the I certify office from Mr. Ran( (Copy.) To His Ex Canada, &c. &c. The Pet; Lot No. 35 No. 39 in t Nepean, in day of Mai Lease reset Your P( was then i: Lease was your Petit i posal of th( humbly pra (Copy.) Sir,- 1 1 Royal Arti serve Lot I Hou$p of a< 101 legrees West, ; then North River; then 5 place of be- load * .. ;ween ehillinga and ' wheat ia the i pence or 8 <1 41s. 3(1. or iaid term. UT, A. &S. Gov. Gore. O.C. [ay, 1821. Reserve Lot va or Grand es leased to imounted to sserves have e forthwith, in account, rporation. I Comtnis* rd, 1821. a ubder the y paid upon lot number thirtjr-nme m front upon the Ottawa or Grand River in the Township of Nepcan, containing 276 acres, a Clergy Reserve granted to Robert Randall in February, 1809. The said Commission to be directed to Hamilton Walker, and Adiel Sher- wood, Esquires. I have the honor, to be, Sir, Your most obedient humble Servant, JOHN B. ROBINSON, m .t TT -1^ ^ ^ Attorney General. 10 the Hon. D. Campron, Esq., Secretary, &c., &c., &c. Secretary's Office, York, U.C, 4th February, 1830. I certify the foregoing to be a true copy of the Original Fiat, received at this office from the Attorney General, John Beverly Robinson, Esquire. D. CAMERON, Secretary. No. 5. Mr. Randall's Petition for a Renewal of his Lease of 39— 1st Concession and 39, Concession A, Nepean. (Copy.) To His Excellency Sir John Colbokne, K.C.B., Lieutenant Governor of Upper Canada, and Major General of, in, and over His Majesty's Forces therein, &c. &c. &c. The Petition of Robert Randaliji humbly shewetb, that he received a Lease of Lot No. 39, being a Clergy Reserve in the Ist Concession, with the Broken Lot No. 39 in the front thereof, upon the Ottawa or Grand River, in Township of Nepean, in the County of Carlton, in the District of Johnstown, from the 25th day of March, 1809, for 21 years then next ensuing, paying the yearly rent in such Lease reserved. Your Petitioner has lately applied to pay the rent due on the said Lease, and was then informed that the Clergy Corporation had made an entry that the said Lease was forfeited, and that the said Lot should be otherwise disposed of. That your Petitioner has reason to believe that no fiiiit has issued for any such fresh dis- posal of the Luv to the prejudice of your Petitioner, wherefore your Petitioner humbly prays that upon paying the Rent now due, he may have his lease renewed. And your Petitioner, as in duty bound, will ever pray. No. 6. (Copy.) Richmond, 13th Nov., 1823. Sir, — I have the honor to transmit the Petition of Andrew Berrie, late of the Royal Artillery, praying that an Acre of Land be granted him off Clergy Re- serve Lot No. 39, adjoining the Richmond Landing, for the purpose of erecting a Hn?jiaf> of accommodation thereon. T beg to observe that this is one of the Lots 14 '1. ( , i 1n.^; «»/'c subject and received for ;;to it, and at the same time irEx el en I Ul mv^^^^^^^^ ^-f J-te attention " and occupy that Lot." ^tuiency allowa Mr. I irth to take possession of, That Petitioner having fonvnrflofl tUr. t> i-i.- , . lease of said L„r a, may SnTfy'^l ;^\i°r,:f;-:'°<'''"r '" S™"' ■•"" '» '""S » necessary buUdings; liavin" nrcS ™1 f . "= " ''™»<' ""d barn, and otEcr And Petitioner. « in dnV L„t XtX""' °' ^''°°"™' '-P™-— • Bytown, November, 1833. ISA-AC FIRTH. ADDRE8SED.-T0 His ExccIlcncy Sir 7ohn Colborne. W No. 20. Executive Council Office Couneil oa tl,e 3rd instant, and L7ra;-cr not gmnt ed ■" °' '^'^''' ™ '""'' '» I have the honor to be, Sir, Your obedient Servant, (Signed,) JOPIN BEAKIE, Mr. Isaac Fihth, Bytown. ^^^^^ Executive Council. If No. 21. Copy of a Report on a Petition of Isaac Firth, to lease or purchase 30 m the First Concession Nepean. P^^^cnase d j, Ghown Land Office, 108 General and the Lieut. Governor, Sir P. Maitland ; lie hns not ever Imd grunt of the Innd or right of pre-emption, nnd if the lot being a Clergy Kcscrvo should bo wanting for ecclesiaaticnl j)urpo8e8, his claim cannot be conMidercd as standing in the way of its appronriation further than hia occupation may have improved tlio value of the land whicli doc8 not seem probable, as he is reprcHonted to have cut timber of considerable value from the lot; the utmost extent of his title seems to be a verbal permission to occupy, which, even, if it had been formal was liable to be de- termined at the will of the Crown. In the year 1809, a Lease appears to have been granted to Robert Randall which has, however, expired, and the Lease contained no clause of renewal, there secma therefore no difficulty in the way of disposal of the Lot nr.rordinnr fn vniir Kvppllnnni/'a ninnuiirn the Lot according to your Excellency's pleasure. (Signed,) R. B. SULLIVAN. claims G granted, Upon informal more i'oi Mr. Jar N.B.- No. 22. House of Assembly, 11th December, 1839. Mr. J. Rochester. Dear Sir, — On my arrival here, I put in your claim to the Clergy Reserve that jou are iu possession of. This morning I called at the Council Office ; thty shewed me the Rev. Mr. Strong's Petition for the said Lot, sent in on 38. I was informed that there would not be anything farther done in the matter until the Clergy Reserve question was settled. Yours truly, (Signed,) T. McKAY. No. 23. Toronto, 28 th December, 1840. Sir,— I duly received youra of 2nd current, and regret the delay that has taken place in search of your Petition. After making every inquiry in the Executive Council, and other Offices without success, I wrote to the Government, to which they state in reply " That the Petition of Isaac Firth, concerning which you make " inquiry, does not appear to have been received at this Office." Upon the refer- ence given me to Messrs. Baines and Lee, they both appear to have some faint re- collection of such a petition, but on a diligent search being made by these gentle- men, no trace can be found of such a document having been filed in any of the public Offices, and of course not reported on. I do not see you can do otherwise than Petition again, stating fully the facts, and S reducing affidavits of the clearing and improvements made on the lands, as also lajor Bolton's certificate of, the said lot not being required for canal purposed. It may be well that no time is lost in bringing your claim before the Council, to await the result, depending on the future instructions (as to the sale of Clergy Re- serves) that may be received from the Home Government, the Council having at present no power vested in them to decide on claims against Clergy Reserves. I find Mr. Strong, as you mention, petitions for said Lot for a Glebe, but his request was not entertained. Pray who are Randall and Barrie, whose names are noted on the Books of the Commissioner of Crown Lands as having, or having had some- Extract © !l S9 i I 89 A Ottawa Ifit Ottawa (Copy.) Sir,— Ha point, in the instructions, doing. It a cession, and pean, had hi the sanction ments in sai( «tid on the fi lind ffrunt of rvo should bo tanding in tho ived tlio vuluo vo cut timber ccms to be n ublo to bo dc- 8 to hiivc been lasQ contained of disposal of LLIVAN. nber, 1840. lat has taken he Executive ent, to which ich you make )on the refer- ome fnint re- these gentle- ' of the public the factSi and ands, as also nal purpose/, e Council, to f Clergy Re- cil having at Reserves. I at his rccjuest are noted on Dg had some. m c^ims c.n tho Lot. This mnst bo clearly .ho.h to ' Tort! off the Originn?. inauro yoti of your clairti being moro for your interest Mr.J«.p,„™,^!;f;:''> ANDREW TOD ., N.D.-T.,no„.U.B.Su.,i™.,,c„r™Uaio„er«fC™w„.„UC.e<,,Ke«.vc., (Signed,) A. T. .W, .- . B..„ ,„. „...,. ..U^t^j, ,.. „„.„ ., ,„„ Reserve that | r-sm^ he Rev. Mr. t there would question was McKAY. ij d © a 1 ,2 a © !< O soj A Ottawa 'M If occupied, and J hy Whom. g 70 Daniel McLachlan, John Rochester . I 30 Good... Good. Remarks. s. 35 30 8. 40 50 Recommend that D. Mc- Lachlan do pay to Oziah Banning £26, and to I^ms Dorin £5, lor two Shanties on Lot 39, A. (Copy.) IVo. 25, cession, and Lot 39 on tLTofce„ froL of t^^^^^^^^ *^' H^ ^1''" ^¥ ^«' Con- pean, had been orcupi^^l for ^— "Jv ^"~'''^*' '" *^® Townshio of Ne- '/«; 110 JKHjae, and made other improvements- it alao appears by receipts he produced, that he had regularly paid the District Taxes on both Lots. Those with other facts which have come to my knowledge, are the reasons on which I ground my opinion that Mr. Rochester has a prior right to have hia name roistered for Lot 39, on the Broken Front, on the Ottawa, 76 acres; and not that ot a Mr. Daniel McLachlin, who alleges he purchased a house from a French- man on the 17th last June, for the sum of fifteen pounds Currency ; the said house and premises, I am credibly informed, was not the property of the said Frenchman, but merely rented to him by said Kochester, of which I believe most satisfactory proof caa be given. •' (Signed,) PHILIP ROBERTS, Late LC.R. Honorable Commissioner of Crown Lands. No, 26. Legislative Assemblv, November 29th, 1844. TiT^T"'u^*^~A*'°°"'P^"y^°° *^'^ I beg to place in vour hands a memorial from Mr. John Rochester, of By town, in reference to Lot 39 and Broken Front, near iiytown, m the Township of Nepean. I can vouch for the fact, that Mr. Rochester always had possession of both since his purchase from Isaac Firth, and that he is in possession of a re^rular Bond and assignment of it, which will be forthcoming, if any attempt to doubt or disturb his possession. I have the honor to be, Sir, Your most obedient Servant, (Signed,) WILLIAM STEWART, M.P.P. The Honorable D. B. Papineau, Commissioner Crown Lands, «Sic. &c. &c. No. 27. 4th December, 1844. To the Honorable Denis B. Papineau, Commissioner of Crown Lands, &c. &c. &c. The Petition of John Rochester, of Bytown, in the District of Dalhousie, most Humbly Sheweth : That your Petitioner, in the year 1836, purchased from Mr. Isaac Firth, of By town, Lot No. 39 Ist Concession, and 39 on the Broken Front, in the Township of JNfepean, for which he paid £60 Currency, which are Clergy Reserves. Tlie said Lots were granted hy his Excellency Sir P. Maitland to Mr. Firth, in 1824, who was from time to time assured by Major Hillier, the Secretary to the then Crovernor, that a patent might be expected for the same. ^ ThaUhe said Isaac Firth made repeated subsequent applications to the Crown i.ana Uepartment, accompanied by the necessaiy documents for a Patent, who wa* on every occasion encouraged to believe he would receive one, but from the difficul deferre Thai incurre upon ti had ne' able poi That inspectf Front ( part. clearest would h of comf good lai Your ly pleas( it origin; open in\ Your report th cases ths Sir,-] claim to J of Mr. Di Of the Mr. M. claim to tl Rochester acre for tli I have t Bytown, I: Church of Mr. Ro( the Goveri that purpo T. BouTHi: Ill reduced, that ; reasons on ve hia name and not that tn a French- le said house Frenchman, satisfactory 'S, te I.C.R. )th, 1844. morial from Front, near ' both since r Bond and t or disturb M.P.P. er, 1844. vn Lands, lousie, most lEWETH : rth, of By- Township rves. The 1, in 1824, the then the Crown atent, who t from the difficulties which arose respecting the settlement of the Qergy Reserves, it was incl'r'eVaTrc^:"'^^^^^^^^^^ of those assurance, from the Government, haa upon theb?orenfXt and onTh'T.^T"'"? ^°"^°^' '^"^ ^''her buildings, both hid never for Tmoment enterV;^ J "^^T ^ T^ ^'^^^ ^'^^^ ^' famiry,~and able possession theS '"^''^'^^'^ ^ «'°Sl« ^^"tt of his remaining in the peac^ inspectdThe&^rm^^^^^^^^^^^ Commissioners who Front detached from Te otEart of th."^^^^^^ T^^' *°.^^^« *^'« Brokett part. Your Petitioner will h/nff . ^"/^' °^ '^^'''^ »' constitutes an integral clearest testimony Inrh" etn^^^^^^^^ he assertions. above alluded to, b^li^ would he completely cut off fS;fTr.rp-*T^'H'"S the Brokeh F/ont, he of comparatively Hwb vie tt^e bin! L ^'TI' ^''""endering the remainder good land. * ^^^ ^^""^ °" ^^^ whole not more than 25 acres of it originally formed anrsilLoS'fnf '^'^ ^'°^^'' ^i'^^"* ^^^"^ *^« ^^^ '^Wch open investigation taSs place. "^''^^^ '*" "^'^ral part, until a fair and i^rUhrttrUt^^^^^^ knowing from universal cases that come before you "^ «toble, wishing to see justice done ia aU All which is respectfully submitted, (Signed,) JOHN ROCHESTER. No. 28. c- T u . . Dalhousib District Agency, 21st October 184 -5 claim^lL'o^eXtla'' b C^^^^^^^^^ t" " T ??^* '' ^^- ^^^^ Rochester's of Mr. Dan? McLau|hlL^k ^°"^^^^^°° ^' «° t»^« Ottawa, and others in support Z'mT' \r °f '' ^"- R''^''''^'^ to be the most substantial. cla^he'^J^ft'c" p^^IeS^^^ P^? - *^- ^^-^ g-en up all Rochester neitW ^fa clZ to kt rith^^^^^ *T' hr"'^^*'^". ^^ P'^^i"? that Mr. acre for the Lot! ^ '' ^"'^' ^'*^^ «*°>e t^^^e, offered £lOper I have to inform you that since the opening dav of sale th/» T?pv Q Q q*..„ r I have the honor to be. Sir, Your most obedient Servant, ■"■f) I'l. f . '■ '• lie No. 29. 'THIS Indenture, made the seventeenth day of June, in the vear of oi,r T nr ^ htei?7n te7rl^:^'i^^^ ^".' '"^*^-4' '' ^^^^ "' i" thrSstH t ^^^^^^^^ K!'„ ° 1 ^T]°^^ ^^ Carn,il!i, between Francis Laducer, of the Townehin of IJepean,m the District and Province aforesaid, labourer, of the one part and ?hT V,^'^J'*^'"' "^ ^^T^^^" ""^''''"^^^ Gentlem'an, of the other par?; wftneVseth mlVA^t'vr*""'' Laducer, for and in consideration of tU su J of fifteen pounds of lawful njoney of the Baid Province to him in hand paid by the said Danid B^ld S.%- ^T^'f ^]'r°^ '' ^'''^y acknowledged, hat^h granted! barc^aS rarirsell 'relr/ l"^ ^'' T/ ^^"'"'^ '^>''?' ^"^ by these presents dothCant iln^r. K • ' T^'- ""^H^^ ''"'^ ^°' ^^^"^ 1"'* <^^«>™ »n*o the said Daniel Mc£ach- per\v and delnH?''/''' '''\f *h^^«t«t^ "ght, title, interests, 1dm, poI jperfy, and denaand whatsoever, either at law or in equity, of him the said Francis Laducer of, m, to, or out of all and singular that certain parcel or tZf JZTi and premises, situated and being in thf Township of NepSaforLlS^^^^^^^ mpnfy known as Ijot nymber Thirty-nine in Concession A, Ottawa frUfof tt thllT'^^P/? ^'P'*°i u ^^S^^'^^*- ^^*^ ^" ^°"«««' out-hoises. woods ,nd water^ bekn^nr ^'"^ " ^^' '""^ '" '°^ '"°"''*' *^' appur'tenances thereunto «8slns''rtrAl''°^^ *^' '• "^^ "1!*° ^'^^ '""'^ ^^"'^^ McLachlin, his heirs and ^Sh^eVstd^^^^^^^^^ '^"^^^ ^°^ ^^»^-^ «^ ^^'^ -<^ I>--I McLach- In witness whereof, the parties have hereunto set their hands and seals the dav .and year first herein ^vritten, and i^ the seventh year of Her Majesty's Reigl^ (Signed,) FRANCIS ><' LADUCER, [L.S.l mark. (Signed,) DANIEL McLACHLIN, [L.S.] Signed, sealed and tlelivered in presence of /Signed,) JOHN SCOTT. aaid Isat said Jol to execii obtained the said may thii and perf void, oth Signet District 1 Province personally assign, tr Gentlema premises, i Sworn 1 (September No. 30. t^NO W all n,en by these presents, that I, Isaac Firth, of the Town of Bytown in John Rnnlf T'"'f .u^ ^PP'' /?^"^"' Gentleman, am held and firmly bounH; o nn« V.?^ ?''' ^'^tl^^ Township of Nepean, in the Province aforesaid in the sum of Z «»-^ t'1 ^T^u °^ S°°^ ^"^ ^'^^f"! »"<>»ey of the said Province o be paS to or As int fo^^^^^^ '' \^'' T T ^"°^°«3^' ^^'^^'^^^' AdminttL or^ TT.^7 ^ ' f which payment well and truly to be ipade, I bind mvself mv feK^r^**"'"' ^°^ Administrators, for the whole and every pTr?herS Apr f ivTf i ''' Preaents, sealed with my seal, dated this twentyTeighh dav of April, in the year of our Lord, one thousand eight hundred and thi^?eight ' do appdnt ' anS In^ ""^Y^i' «uch,-That if the above bounden IsLc Firth flo appoint and continue . Johq Rochester, of the Township of Nepean in tL Provinpe of Upper Canada, his true and lawful Attorney, to Lna^e the Estate of him the said Isaac Firth, consisting of Lot number tldrty-nine and the Broken JcSLVoVof%hT- ^°"''T^^ ^" *•'« O"-^- front and to give hTm Krth Z- T ^"•^ ^\*^^ "^'^*' *'*^« ^"•i interest which he, the sfid W tovV^f' °; may have, to the said premises, and to give and allow to b. «a?d ,foh„ Rochester ah the profits and emoluments arising therefrom ; and furthei^,^!^ District oi to maketh oatli May, leased aforesaid JPr broken front the said Joli This depo; ley's Bridge, said John R inquired of ] was living in finally agreeti This depon the said Ladi Chester was t( lis of our Lor the said :ther, the "d JoTn noleLt^^^^^^ '"if "?f' "* '^^ ''osts and charges of the to execute atransferbeeS of t'e saSelf h? *'?«.«r,r'r"' ^^^''^ said Lot and obtamed, and to do and executeanv ,!.' '^*'^'f ^"S'nal Deed fiom the Crown can be the said Lot to the said Jolm RoX t'Xt hf ' Z^^^ ''' '^' "^^'^-^ ^e^K' o? may thmk necessary and nroner Tf^fu , ^^^V' ^'^ CounseMearned in the taw and perform the afbr^saij s?ver.] JncW??''''^*^ }'''''' ^^^''^' ^' «'«" «"^«ter was living m? his " Ladusare V' answTw.sZrhS'^/r *^' house he then finally agreed for twenty-five shillings yeSy ' '^'"^ "°' ^"°^^' ^ut that they tPa^trsSL'S'r^^^^^ ''-'^^ j-, this deponent, asked Chester was to have the same instead of r^nt ' ""'"^''^^ '^''' '^' '^'^ J^^^ Ko- I i?* ' . i f: i I (Signed,) CHARLES HENEY. I Bi ; V 114 Swon,before.e,atB,town ij. the said DistricMhis3rada;ofSepte.^^^^^ (Signed,) CHARLES T. BAINES, Commissiouer for obtaining affidavits ^ in Q.B., Dalhousie District. No. 32. That he has been a resident of BytovT^^^^^ '^^' ^^^ «aith on business, not exceeding three Cnlhs 1 ll ""Y \^^\ ""^^«« ^''^ absence Rochester, now in possession of Ct No 39 iTh *"?''? %°*^ ^« ^^^^« ^''"t J«hn has exercised the ownership over said Lof „nS K u "r Concession of Nepean, further saith, that he had permi sion Iny yeJ^s bS? ^T'' '°^ *'^^ ^^P«"«"* fencing from the said John Kcchester • aL Su ^ """^ '°T "'"«" ^^^^rs for Daniel McLachlin is actuated by badVeelLtl„^r°"'"^ i u^^ °P'°'«° t^'a* Mr. mg than himself. ^ feelings, and prompted by one more design- ( Signed,) JAMES JOHNSTON. Sworn before me, this sixth day of September, in the year 1845 (Signed ) E. J. HUFLULE, A Commissioner for taking affidavits in Q.'^' in said District. D' No. 33. , ^mlt^ Sl!i^?aUh°^ ^lirni 'V^' ^'''™' °^ Dalhousie, Carpenter MeLachlin, of By town%foesaid Millar a^^^^ h« --sted Kiel Kiln upon Clergy Beserve Lot No. thlty Ip in P ' ^^''P^'^''}' ^^ build a Lime of Nepean Ottawa Front. This Conent Shir 'TT"". ^' °^ '^^ township years resided in the vicinity of thSTot and thS h ^'' ^'^ ^"' ^'' ^^°"t "'"« know that John Eochester of Nepean afores'«?d V ^' '' ^""^ ^^^'•^' "^^ does he ments upon the said Lot. ^ atoresaid, Yeoman, has made any improve- (Signed,) DUNCAN STEWART. (Signed,) JOHN CHITTY, J.P. ed with t Nepean, i knows thf has burnt Timber tl: tnow, nor made any occupation Sworn b 1845. No. 34. District OF Dalhousie, > 1 DONALD McGEECxm? e t, . to wit: lU DistrW lOnii 1 ,-^' °^ Bytown, in the said been in the employ of Daniel MeLaeS^f Bvfr'''*5°'*^f '^^^'*^' That he has Merchant, for the last sev^n y^av, aXhn^l l^^"" a/oresaid, xMiller and Lnmhor -v.n y.ars, and that he knows that the said Daniel McLach- District of to V Canada, Me of Nepean, ] the year of Deponent; < Halifax curr< Rochester foi should be pla( Township of House and P; Concession of then, nnd loni tfae elder. eptember, 1845. NES, g affidavits Ihousie District. sq., M.P.P. for ith, and saith; ess his absence vare that John ion of Nepean, I this deponent mall cedars for inion that Mr. B more design- HNSTON. davits in said District. !, Carpenter, isted Daniel build a Lime he Township )r about nine nor does he my improve- !:WART. foresaid, this rr, j.p. in the said That he has ad Lumber }1 McLacli- 5i S£r3!S^ to^^^T^^n^iiwie^ Lot, occupied the s-Ud I oM'''','"'^ ^«»'eJMcLaehl „ ha3in?"i!^'P,"^.^«P««"' '" the J'e k not aVa e nor f ^'f'"? ^""^er on h ThTs^Dpr ^Vt"".- '^^' W^< Yeoman, haTrSelVr ' ^"°^^ ^'•*'»* '^o^n RochSter/ v"'^"'" ««'*'•' t''"' „ ,, ^•''1°"'') DONALD McGEEGOE. rSigned,) JOHN CHITTr, J.p. DISTMCT OF Dalhobsie, 1 TAMES SK-^^ ed with tl: CleUy Lo, il'^T™' ■»°^=* »^^^^ '°'"""* know, nor does he believe ilZ Tu J^'' deponent further Bavl^tZl u /^''"'g c , ■ — (Signed,) J. SKEAD (Signed,) JOHN CHITTY, J.p. D No. 36. the e£ ^-^ ^^^- -^ ever since, i„ the Poss^sal^^^^^j^Xt SS^ rSigned,) GEORGE ROCHESTER. ' Vi si 116 Sept7„Ir,l845"'' '' ''^*^""' ^" ««'^ ^'«^-' ^^ DaIhousio7this 19th7ay of (Signed ) CHARLES T. BAINES. Commissioner for taking Affidavits, in the Queen's Hencli, Dalhousie District DlSTHICT OF pALHOUSIE, No 37. to wit- "' |C'^^.P^^^^,^AUGH, of Bytown, maketfc and Broker fo" N. Sparks Wds o^ '^d^'^ ' '^^* ¥ « -d Ls bien Se J frequent opportunitie^s of kS much ofVr " t\""« \ '°"?' of business had his locality on Lot number 39 3 Jh « ?. t ; *^°'"' Rochester's affairs respectinjj pean, in the County of clrfeton a^d f^om 5" ^'""' T '^' fi--^* Concession of Xe? «aid John Rochester, (and som; years bTokfr'"*' f '° ^? '^t P°«««««'«" of the hedidonceifnotoftenerwrirtoLmfll ^ ^T^T '^'*^' t^^t by his request Timber Office in ToroTor the^^^Tn^o; dJ^.^^^^ ^'*h the Crown property, and to know whW he might expect a S^^^ '''^'''^S the said ther information how he was to Drofpp/rrfiPu^^^?'' *^^ ^^'"^' ""^ for fur- ncnt saith, that he knew of N Snaiks^ iVnU' ^'l T^ ' ""^ furthermore, depo: aaid broken front by the alono permls on of tSri"-^ taken stone frequently off L never knew of any other nerson nr «« T '^°''° Rochester, and deponent property off said J o brok^ront w^thZ^ "^'^ ^^ .''u^°'^ °' *° *«^« «"3^ ter, but has lately heard that a ohn hnTb ^^"^'''T ''f *^^ ««'^ John Roches- of his just claim^yp Lotion and hat'"^^^^^ «aid Rochester organ in this unprincipled tmnsaVtron '°''^ McLachlin is the officiating (Signed,) CALDWELL WAUGH. Sworn before me, at Bytown, in said District, this 26th day of September, 1845 (Signed,) CHARLES T. BAINES, Commissioner for taking Affidavits, Q.B., Dalhousie District District No. 38. ^o. D..HOi;s.,| FREDERICK SPARKS, of Bytown, Foreman That he has been in the eriploy of said rlnarS'Jr"'' ^^^^keth 'oath, ^nd saith" that a number of years since, John Rochester d^ ''\^^ ^T''' ^"^ understood interest and claim to Lot number 39 and tte btkPn"f"r ^'T J^"^'' ^"'^^ his of Nepean, in the County of Carleton and has «MI1 • °°* ?" *^" ^''^ Concession that the said John Rochester wasihe onlv nerLn " '"""' ^^^ P""°^ considered furthermore, deponent saith, that at numo?- /^ Possession of the same; and to ask permission from th 7ai 1 John Rochester ^0'^ T .^T'"^ ^>^ ^^« '^P^^y^' same, and did often get permission and at oti..' '^"^ *''"^'' ""*^ ^^^"o if the Chester was careful the ground should not bo too \T /'^"'^^' «^ ^^^ ^^^d Ro- furthermore saith, that until latdy he never hear^? ^'"'^'" ^"*" ' '^"^ ^^^Ponent for the same; and deponent furthermore saith tt.f '"^ Pe^^on putting in a%laim plover did hp a»'- nf^rr- • "-"^nyre saitn, that never for himop'f '^r k;= -.-.- p yer aid he a.. peru..3ioa for any privilege there but from the said John r" District of to \ or early in 1 -'Ir. Isaac Fi sion of Nepc 117 Ina 19th day of :nes, davits, Ifaousie District. town, maketh las been Clerk 3f business had Fairs respecting icession of Xe- Jssession of the by his request ith the Crown Jting the said ; and for fur- lermore, depo- uently off the 1 and deponent 3r to take any John Roches- said Rochester the officiating. WAUGH. tember, 1845. Affidavits, lusie District. (Signed,) FREDERICK SPARKS, Sworn before nm nf t> x . . ' Septcnber, 18,.. ^^ ^^^-"^ - -id District of Dalhousie, tlus 26th day of («isncd,) CHARLES T. BAINES ComDu«sioucr for taking Affidavits, 'tJ'"., Dalhousie District. k IVo '^O BiSTiucT OF Dalhousie, ) nERSOVATT of £60 currencT .n^n '"'"''^'■''^"Sl'thio riXanTtiM. !? ^'^^^^'^rd'^ under- permission from th^^-?'/?"'^?'^ A.rthermore «d h "inM o ' *f>°,«»™«for thesum ind to DenonJml . '^,"''," ^^^^'^oster to take Tim Ir o r J."' "'^^'^ ^"^ '•«««ived unhesitath|i;"dccl r ;"h:'"'"%^'"-- «^- others obtaininl'^^^'Tl ^[.^^" ^^^o"*, the same Brdcen lA^V/ "''"^'^^f'^^^ ^'^ was the only Pei^L t • ° ^'^''''•^' «"^^ person did pre ul /o7 ' ?,' '¥ ^^^ponent ever heL 3 I fV"".''"'"'''^^''' °^ and known bvthTn! ^''^^ {^ ^^''^^'^ «'«'"m on the sal ^"f U''^'^^ *''*' ''^"y o'^er t*/ the name of Rochester's Lot. ' ""' '' '^^' generally called ^ (Signed,) JotiN BURJ^S Se^i^te- - Bytown, in the said D.... .. ,,,,„,^ ,,^ ^^^^ ^^^^ (Signed,) CHARLES T. BAINES Commissioner for taking Affidavits . ^'" Q--'« ^-cl, DalbotrDistrict. I'- [iVb^/fi No. 40. Jt^ISTRXCT OF No. 41. 0-36, he was reouc^ff^r] !u- ^r.. t \ -^V'^'/aiem the fall of the voir lo-^'c irtl,'. .-nf^..^... i r^""^'.^^ -'^^- John Rochester rvv].. ^„;l\K.^^'^^"°•'5» or early in 1 R-iV J -^ ^'''^^' ^nd saith : That lato in f K f ';TT^.®^*^''' "^"^^eth '"''V in ib.iG, he was reouc^ff^r] !u- ^r.. t \ -^V'^'/aiem the fall of the voir lo-^'c !.. I-.' 118 the .aid Fr„„ci, I „ ,t H 1™!/.. "!'•."'' ''" ""o ■'•■"'' John Rochc.er did p„y ofF the .siicl lot ml Broken Vont' n i l' " *'\" '^T ^'''''' «^' ^'"•^^'-'^ «"J Stone Deponent furthemoc .a Z "^ "1« to the said lot or Broken front, but lately that M DanTel M ll b'n? 1^ ^ '^"^^^f^"^^"* ""^ astonishment he heard the said John Koehostor nul ? 'n ^y^'^'W^'^' P"* "» a claim in opposition to connected wihtMst.^ ;ei^l knowledge of all the circumstances McLuughlil'l claim ir?:S"d'r^^^^^^^^^^^^^ receive any notice from in.purtial an/u^nyirnl ' "''"''' '"^ '"»^* "°* *" (Signed,) BENJAMIN KATHWEY.L. bcf L°'L'*:°oTo„"'L57sir''° ''"""°' "^"""■""'■'' "- ^'o ""x of oco- (Signed,) E. BILLINGS, A Commissioner for taking Affidavits in the Queen's Bench, in the Dalhousic District, No. 42. 8 years, and is aware of Mr Tnhn if I ' . "^ ''• ^ '■''''^^"* ^^ ^^t^^^'" tl>ese last the Broken IVon in tt first Con. J!^^^ '" possession of Lot No. 39, and saith, that to 1^0 vn L d^e SZ:^^^^^^^ this Deponent furthermore John Kochcstcr to tak^t^mtr nl,n^ iml viduals got permission from the said ship over said lot ?«d Broken Fmn. '° l ""TI "" ""^ '^ '"™"' ''^"^^ '^ "«« «^^"«'- made holes and done the hnd n^ ". '""'' 7."!?'^'"'^^ heavily on some who furthermore saith t^a^e is well Zm^-r''-;, '^ ^"V"^*'-"^^'«"« ^ and Deponent a house on said BS:„l';o;\!";Tira;riirM'"'^^ Svv'( pone urannol Sicct ttid, ,nn iT'lf I""-; '=""<>■■«. Deponent saith, that he ievcr B.0,.. i,wt „„ti/a4rrt;sr,.:d srAlr^f.-s^Ktrr''' '°' - (Signed,) IIOBERT McGOVERN. the latter i ^o. 39, wi County of he Was pres *o erecc a s no forsnidlotanJ cheater did pay t of Deponent's he niin;ht have lission from the nber and Stone Bytown, to get ponent further- Isaac Firth, he overnment ex- ken front, but iment he heard n opposition to circumgtancea the said Daniel d ought not to ^HWELL. I day of Octo- h . its in the 3usic District. •Sworn hcfore mn at V,yt wvn, In said Distrirf iU;^ An i „^ Commissioner for talcin.. a« .S •' ., "'^^%";:/"V'l'rsAflidavit;,'ntho • ^^"*^«" '^ ^^'"^^ J >aIhousic District. IVo 4*1 District of Dauiohsik, ) TOITY Pm.r r ' r-Fi:i5^,ttho had ^n ?^^^-^yo^iSr' ""'^'f' -^'' -'^ •in tl.e first Conce sio o f ll '^ '" ^"''^ '"''^''^^ '» J^o ^o 3'>' ^^^"^ '"p '''^^^^ ^'^^ ^^••• »nore saith. i}.^^^^,^^?' ^- ^r- John KoJ^iJ''^^^^^^'-^^^^ l'''-0"t - the fii^t C^;; in ^"^ ^'^ ^'- interest in ^J^ '^l! ' V^ '"^''T'^ ^'^^ ^^••• »nore saith. that Mr D.^.M^'Sr' '' ^^'- 'T"!'" iJochester •'.; ] '° ^'"'^"''] ^''<"'^ said Deponcnt/th't I.o'r '^^ ^'^"ffl''i". often in e(^u8c ^f p n ^^''•""' '•"•^''«''- to burn Jime for ;. n °^ I^^"»'««'<'u fr„rn John IW nl/. ''"''^''"" '^^^ ''•'"» pieces of t;;£:;:^,^---:^thathe had p;:;S^ l.ry it to bum lime f',. u ' ° l'™"«s">" fnm, ,I„i,„ IW ° , " , """I*""™ 'oU Mm to bo Roo„?,.er.To„ir ""^ ""^' ™^ "'^ "-- ""« docs'-ow'SiliCer And Deponent furthermore silfh fl f , , when he heard ^h t'S^lfe^'fr^''^^'^^^''^'- «^^^^^^^ TT nght said Daniel McI .^ 1/ ""''^'" '^''^^ «^>o"t to lav daim to -Z , r'''''"^^'^' 'oss to coniect, rn '^^""t S^'^j^ pretends to the same vn J^n '*•' ""''' ^''^^ what _(S,g„ed,) jonx PEKKi,vs (Signed,) . CHARLES T. BAINES Commissioner for taking Affidavits, ' Q-B., liathurst District. ■'V:i' ''i; 3. n No. 44. DrsmrcT OP Da,hou«„, I joiIxV ROCIIFSTFR f v >e was prescm, and did knorofhSflfhi?'''!"'"''' ''''"''' """ "' H'o fell' of isi? '» -„ a .,.d, i.„„ „„„,, o„";,lr,:ti^^s;lC7;";l,rc^r■^^*^^^^^^^^^ 'onr, toi the consideration of five 120 Bcponent ro,,iio;i, I si;;;;!,,, hopc^^,tt'ut'.ro t1n;\:;'to; ;;""" v'^"^ •%""•- ceure, and said, you havtwrnw (lo„c as I .-. ^ V .^ ^f'""''"' '"^^ L^^'"- good will oftl.c house) to Xcn^^u/V . ll'^'^'"" °^' ^'"^'^"'"ff «cllin<.hi« not hare done so if th4L 1 utn* . n ." r 'T^:/ '^"^ «'"J *i« ^>"'»I^I themore saith, that he kL v of tl e dd T\7 "' '"''^ "^'^^ ''' ^^^P«"«"t. fur- or part payment of Id/ront am «•»' Liuluccurc to work for his fa her in lieu -iL iz ^hor z t^:tt :^ Shir S'sf '-' ''''' ^-•^"-"- (Signed,) JAMES ROCHESTER. Sworn before „,c, at Bytown, in said ^.triot, the 9th day of October, 1845 (Signed,) CHARLES T. BAINES Commissioner fur taking Affidavits,' Dalhousio District. K^ In i'i" SS^n C^^iS? L^^''f .^^*-"' '•" ^^'0 -id District Bccember, Jne thoutn^ei^rhu ^^ ' nTd^;'' ' '''' «" j'- eighth da7of place aforesaid, Gentleman rmnlnvl I d^^^^ 7^ thu'ty-scven, one Isaac Firth of the then E^ceellency, Sr^ i" b' I "K /^^^ ^^^f^""^.^* *" ^^""'^^ ^'"* ""^^ P«fition I is No. 39, and E^en itnt, i^he la d Lot t thJ T^"' '?"^ J"^^'^ '^^^"^'^ ^- ^o be.ng a Clergy Lot. This Denon'^n furf I w^r . .. """I"'^'? ""l ^^P^""^"' t^'^ ^^'»o niitted to Tho'mas Baines, ofToroiVto t onfc 'to V ''' 'i''' *'' ^'^^"'"" ^^''"^^ *--'«■ ]ency, and «lso at the same thner were en o^Id rT""^ S' '"'"'' *° "'« ^^^^^J- fitrengthen the title of the said Firt rto tli^sa ^ ' •'" ^.^'T'''''' '" ^'^^' to from Col. Burke, to the effect tlfa hela Isr c ST] 'w'"^'"," ^ ^^"'fi«^^« had been put into possession by the late E rl of n. h ^'^""^ .""^^T''^ possession, or ter was also forwarded at the same peHod from f^ !J' ^'"'^'^ " ^«P^ ^^ '-^ ^^t" allowmg Mr. Firth to take possSion and uTool 1 ^''''^r^ '^*' **'« ^'-^^^^ ^^'^'-'^ n^emor d„„, «„a ,o,cumenls e::rning'th;:i:rtfti:rme"''^ "^^^^'°^''- sonTt stTrr3y;;t^ K:.^^- 7^--^^^ -^-."^Id empWed per- Petitipn or said papers She tndnd ha l""' T*.'"^ ^^'■^^'^^^^^^ ^^^^e S the said Thomas Baines, that thcrme Tu t l?avoT,o 1'^ ''T'?'^ '" «"«^ver from and that he Las freauently search^JIrXU'^: t^iZfet t' '"" ""^''^''' ^Signed,) CHARLES T. BAINES. Sworn before me, at Bytown, in said Strict, this .th day of October, 1845. (feigned,) E. BILLIXGS, A Commissioner m the Court of Queen's Bench, In the Dalhousie District, For taking affidavits. Witnessc As rcgardi ■■Ucmorial of proceedings i The lot, by Rochester, wi advanced by t cheater be alio regulations, u| ^1 w tlic fliiid La- I 'lim if it Has Hid told Depo- trick?" when nt met Ladu- ""n(j selling \m said he would Ke{)oncnt I'ur- fathcr in lieu ith Laduceurc ESTER. )bcr, 1845. JAINES, Lffiilavits, ausio District. aid District, ghth day of J^'irth of the Petition His sued for Lot ixn, the same 1 was trans- Jlis Excel- in order to a certificate ^session, or >Py of a let- le said Ear}, everal other ;'Ioyed per- of the said nswer from en niislaidj UNES. K^ TSo. 4G. ^OW nil -l-lU, flO, ., ^epnan, Zmj^ '^TJoToT' '\'V' '^"'"^ ^--'-tcr of the T , • . C'inada. of the one part- Z n ' T^ ^.^'^^'''^^ "' Uatin rst of ?. 1^°?'"^ ^^ W'tnosseth that the^a ]' j ." / f'V^r"''"^'' ^'' '^' «'""e 1 ce of ° i?'r'"«" "^ hcreinatormpnfJr.n^i 1 ■ " ^vochestcr, ibr tli». n..,, • i'.' "' '"^ other part ; chain in depth "rSi'-'Tnor/"^ ''' ^""^'' '' ''« - «^^ "'in Iw i""' '^'^ "?'" *''" 'nonc'-ngat the Nort " ' ''^^""'^^'^•^'"" ^f" -N^- c-in ^m ^T^ on the broken to the place of be' , ."in,, i '^'''""' '"^^ ^'^'^t; thence N F rr- ov ' ^^ ^'«t«nco year, until suclft me :^^,'"!" "" t^'o Ist^dayoKn. '/'''" ''"''''"^'^ on the «aid Ozias 1 an. „" 1" ,? "^'^.^ "^ '''^' ^^''all he peXted nn,?"" r'"' '"f '^ '^"^' ^^ery stood, that uZ ufdTf I ' :• '''''"•^' •'"'^''" JiocIesteT and I o • ' '"T^ "^^'- *« t^^« of sale, the furtl^ " u,l !'.';,^""^' ^' Perfecting and ,Telive v of f"'';''^V»«'-« ""dcr- he paid down, be n. the cornM '^■^'^■'''"""^"' o""-o ro7canS; tt '" ^«^»^'" lot, and the yearl^rent nf n '''■'''"^" '"'^"^^^ i" fuU iron, the th ' ^^-^^^rency.^ ^, And it is f^rthe^r t^:^::::t ^:? ^'>^"^^»- toXn'^e^Je^orS' '^^ '''' ^ in witness whereof fhno -1 • . » -Joent or Indenture being d u' d n tlo ^'""''A' ''^^<^ ^''''^^^^ «ct their Innd, „ 1 , on the d IV of n / ^.*'"' ^"« thousand ei-ht h, nfl, , ?"'^ '^"^«' ^^is ^ «f O'^tober, m presence of the ulrderlS '"'^ '"'^-^"«' ^"^ ^«-gned.) OZLISBaWiNG, rp S T Witnessc3.-(Signed,) c. WAUGir'''' ''^^"^^^^I^' LX.S.J DAVID BKOWiV. No. 47. Crowx Land Depautment. As regards Lot No. 39 in 1st Cnnm. ' J^^^'^^'^'^h 12th I'ebruary, 1846 Rochester wiVh in „ '"pecnon, is reported to ho In ih^ =-»..o.. upon p.„„, ,,„, ..,„, ,„^^ r °„^o p" ti„r^f IL"J^S.'''(l'Sr i;.Vi ISQ (If, '■I .i H .! «ytown. I would sujri'st timt it l.n n(fJ.?i ' • ' "•' " »'"'«>cdiatoly ttdjoins j»«r ncrc. with the except o one o. w, 1; ""'''""' V^'' "''■^'^' P^'«" "^ '»0«. letter of 22nd uJtimo, L.„ tl.oTwi of Vorks '"^"'^'^ '"^ ^'"''''^ '""•'•-««' ^y '>y them. ^ ^^"' "*^ re(ii.ircd to pay tor the quantity reserved (Signed,) T. JiOUTIIILLlKU. No. 48. «»oment. . i^xcciiency in Councd at the earliest convenient I have the honor to be, Sir, Your most obedient Servant, To ,l,e Clerk of ,1. Kxocu.iv. Council, Mo„S""''' ^^ ''• ^'"'O^"- B< i »".I Co,„™„dor of Her Maj.,,., >^Z:'^ m^^lZ^'j^^ TI,o Mcnorial of ,l,o Rev. S. S. Stmn^, ^*"' ^"™"' Reft'"' ^>n ,E^'=«"«"''y'^ Memorialist, in the yo.r 1837 ""'"'' ^"r"'""-' Rectory of IJytown, with the sanction ol' the iZZT I ? ' ''"'''' •'^PP"'"tcd to the of Upper Canada, Sir Francis IJonriread J] u-onct ' '""'' '^''''*^ ^''^''"'' <^4^^I::.^t:^^^^^ - appointed, there was J be made in the above mentioned oTbctt^ rcZrH'? '7 '^''' '''^ ^''■^"^^ «'>«"''' as Lot No. 17 appeared to be lea cd nnd V aI''* '^^".^"'^^^^^^^^^^^ that Lot No 39, first Concession oTNe^cn^ OtZ-o f '"r^'^V *^'-^^"^-^' P^'^yed It, the Scotch Church having been cndowed'wk '>no '""'' ""^'\'. ^^^ ^^"l^^titu ted for ' That on a visit of the late T ',ouJ Tn '''"'''' ''l"""^ "'^•'»'" the Town. , a short time afterwardtl^i'^rM^^^^^^^^^ S'r George Arthur, to By town ' of the Church of England in coZlt ofits F^^^^^^^^^ ^ ^-^''"^ion , . .-L or U3 i.ndowiijcnt having been withheld! Indouse] tition. 123 South pftrt ( J4 ml. ' Ottawa, Ih nlooa .') acres improved nd .Fnlin Rochcs- medifttoly adjoins pset price of" 40«. il)lic purposes, by th the Ordnance luantity reserved TIIILLIKK. l>ruary, I84G. ^iifo, Ac, which ■licsfc convenient STPtONG. >lo the Earl of "oe of Canada, orth America, Council. il-Y SlIEWETII: pointed to the f tlic Province fl, there was a Reports of the in tlie Town- m the Clcrgv | chano;c shouh'l i iiry, inasniiicli i •cfore, prayed 'ubstitu ted fol- iar the Town, j V, to By town I he destitution •een withheld j 't W'll bo Hccn l.v the su;,] . * ''^'mt it will I \. I "^■■■'I'ouucnco, copies ol chan-o the a n?x, i " ««'""'gc for Lot Xo 17 ^^I " ^''""^' ^^''"■'''' ^our ^ 18 informed, for 25 acres o^r • t ,"'^''*'^'' "'"s exehanml as Ym.r M • V tnaowmcnt, wore .nado in Co, c ,, ,1^„ tl'l " • ^TT ^'™'>™««t iXcaS," T»n,fe„ca to the C..ow„ L„„a Office. 7.,, iUr„„„ ,340. ^ (Signed,) E. PARANT. iNDonsEu.—Ecad in Council iRthv i t.t,on. ^-"-^ iSth I cbruary, 184G.- Vule John Rochcater's Pe- CnowN Lands Depaktment ''*™' '" " "' ="- "'■ "■" i'ono-Wc .,,0 Executive Cou,:r "' "''^- % Command. (^'S"^^>) D. B. PAPINEAU. is I 121. r*i If If- No. 4i). Crown Land Department, Montreal, 12th February, 1846. As regards Lot No. 18, in first Concession of Gloucester, reference is requested to the Petition of AVni. Hopkins and the Order in Council of the 18th of November last, under which Order a. sale of the Lot has been made. No. 17 was in Hkc manner described as a Glebe, together with No. 18, and stayed by the Attorney General ; and the Department is not aware that an exchange for No. 39, in the_ first Concession of Nepean, had been authorized, as stated by the Reverend Petitioner, with regard to which Lot reference is requested to the accom- panying application of John Hochester, with report thereon, of this date, No. 54. (Signed,) T. BOUTHILLIER. No. 50. Extract from a Report of a Committee of the Honorable the Executive Council, dated 17th February, 1846, approved by His Excellency the Administrator of the Government, in Council, on the 18th of the same' month. On the respective Petitions of John Rochester, claiming the right of pre-emption of Lots No. 39, in the 1st nnd Broken Front Concessions, in the Township of Nepean, Clergy Reserves, of which he is in occupation, with 30 acres improved : and ^ The Reverend S. S. Strongs of Bytown, that the Glebe Lots, Nos. 17 and 18, m the 1st Concession, Ottawa Front, in the Township of Gloucester, and Lot No. 39, in the 1st Concession of the Towushiji of Nepean, may be stayed, until the pleasure of Pier Majesty can be ascertained on the subject. The Committee recommend that John Rochester be allowed to purchase, under the present regulations, Clergy Reserve Lot No. 39, (with the exception of what has been taken by the Board of Ordnance) upon payment of the back rent, smce 1823, and that Crown Land of an equal value to the quantity taken by the Ordnance^ be set apart and sold on account of the Clergy Fund. Further, that the Broken Front be also sold to John Rochester, at the valuation of 403. per acre, accortiing to the^ 25th Section of the Land Act ; and lastly, that if any vacant Crown Land exists in the neighborhood of Bytown, (excepting Lot letter O) a free grant of ten acres thereof be made to the Episcopal Church of Bytown, if desirable, for the erection of a New Church, Parsonage House, Burial Ground, &c. Certified. m ,, ^ . . ,^ ^ , (Signed,) E. PARANT. lo the Commissioner of Crown Lands. No. 51. Bytown, (Canada West), March 24, 1846. To the Honorable the Commissioner of Crown Lands. The Petition of Daniel ^McLachun, of Bytown, Yeoman ; 3iIosT KEsrEcTrLL,t,y Sheweth: That your Petitioner has heard, with surprise, that it is in contemplation to grant to John ] Church That II the broke a'lity a lot squatter c That y the paltry sence of r Ten poun That y( your Hon That yc the broke; in law or ( YourP withheld f more parti And yoi In addit Honorable occupant on his part; nation fell Honorable previona to That yoi this Petitio And as, To Hon( Transmit Council, wi Petition of warded on i Vide Min Rochester. Sir,— I be Durie, the ( lary, 1846. 3 requested to )f November 8, and stayed exchange for 3tated by the the accom- ;e, No. 54. ILLIER. ;ive Council, dministrator pre-emption rownship of s improved ; . 17 and 18, md Lot No. d, until the :hase, under ion of what 3 back rent, aken by tho her, that the '3. per acre, any vacant letter O) a Bytown, it' around, &c. ^RANT. 1S5 the paVsu Jot av^™,'" 'f ''■''■ ""'■'■■»'?'»' ="r*^°°'^'. ^'^ ^'^^ ««^''>ed hope^at he°f '^'^ "^"^.^ *^^ improyem'ents be- land wheneyer it might be for sale would hi • ""^ ^'W^^'S^ "^ purchasing the- iained who haye occupied and impriyed ri^rl ^p'° *° ^'"^ ^^«* "^hers hay^c ob' ces. He now humbl/throws Sd^t^U^^ ^'''^T' ""^^er similar circumstan- Honorable Council, ind prays tTat he ' I ""! u^ °^ y^"'' ^'^ceUoncy anTyour .trous consequences to which he will be sS 7\ K'^P'^i^^ ^^ ^^^"^e^ the d^as- ;mproyed shall he sold at pubhc auction K-'T^fu^' '^ ^^^ ^^^^ he has occupied and .case to be re^considered, Snd o S th.A "^'t' ^?r Excellency will Se"h"s yaluat^on, the said Lot Vp. 39 i^tt itco^^^^^^^^^^^^^^ *° P"-^-^^ «t ^fai And your Petitioner will eyer pray. *^"^''''°" °^ ^^P^^^- Montreal, 24th June, 1846. ^^'""'^'^ *^^^^ ROCHESTER. J, . ^o. 57. ^iXtract of a Rpnnrf «f „ n Council, dati IrM^Ts?/ al"" ^T""" «>« I^-™"- STetf k?"-?'"^^^^^^^^^ be «.eo„,aered, and .ha. nie first Concession of the Townsiiin nfK *''® Allergy Eeserve Lot No. 39 in been m occupation for the last tenLl fndTad.?"'"* ^^•°"*' «^ -hicli he h The Committee were not informL f 1 ™^^«J«''ge improyements. first Conf '^^""7? ""'^ therefore they recommpnrl ?;:?./""' ^""'^ ''''' submitted nrst Concession which was ordered lo hi mT*^' ^^""^ that part of Lot 39 in iho oner at the valuation of the I)ltrict A.'nT^ ^^ Public auction, be sold to Petit »n the .aid minute, are paid nn T. f " ' '° '^'^'^ ^s the arrears of rent ir «fo !^ prop- 1, when th'e su^rv'^i^Slad''^ '"'^'* ^^°"' '^ ^^ disposed o?a! ^mily' Certified. (Signed,) Wm. PL LEE. S the JResi O upor the fi upon has h betW( ance. to a ^ then, valual the re it doci Im found Wit tlie pre years t Apai Inspect Iha^ T. B Instruct of T( Sir,— I the above one acre e You wi] proceed tc of four chi It, in penci already laic with a licf Instruct! jected plan Ifthedi, been survey the division Ottawa front, in one house, 30 by h 18 in successful stabJe and other . _ That he made oil, praying to be le Ottawa. That Clergy Reserves; vtion of the case, be sold at public tioner will be al- nany years' hard nself and family i of life, to seek oprovements be- purchasing the* others have ob- lilar circumstan- lloncy and your idure the disas- 18 occupied and '■ will cause his ■chase, at a fair HESTER. le Executi/e cellency the ered, and that ot No. 39, in which he has 3. mprovements ■aa submitted ^ot 39 in the >ld to Petiti- ent as stated as formerly fl. LEE. 129 ■Sir,-I have now thp I, ^^^""'"'"^ ^^^trict Agency T^.i t , the valuation of Lot 5S • "7 ^" "^P*^ to your letter nffT « u "^"'^^^ ^^^e. Beserve. ^°' ^9 m the first Concession otwatro'f T'""'' ^^^^-^'"^ On goinrr over th. i . , ' ^^pean, a Clerg^ upon the valueTwS ^^'- \^'''^ ^ ^^^^med advisable b f the soil generallf to be o.'?^- V^«.^"«P««tors I ?. und^f':: """^'T"^ «" °P"»'on upon it Jonsistin^ o? aU"' '^Vo lo" ^''^ ^^^ "-% ^^^^^^ V^'^y ^^' has been cleared ami ;«,V> ^ ^ 30 acres, is to befm,,,,! ^ -^l- , ^^'^ cultivation between it and the b oTen'f'^'.'^'"^^/ '" ^'•^«*^- J S2 .'" ■'' ^'^1^"' ^^^^ha ance. The residue or rear ^^^'c''^^ * ^'''' «" the ^eafor 4n. f.!" -T"^ ^^'^'> ^""^ to a great part of the S ^""u °^ *^« ^«t improved is «wnmn ^°"*\«i^' «f the clear- then, you will reUrk ^h"l -'^"^ ^««" takeJoff anH^tP^''^!"^ ^''^^> ^^^ng valuable from situS, ^ v'tL^r^ 'k'^ '^' ^^^X:^^ tlT^'^i ^'' the rear part can be considere v,l T.'' ^^J'^'"^ the main ro^d tr?T ^ ^^<^^OT>ca 't does not seem to possess. ^^' "^"'''^^^ ^P-' ^om its CTs'fb^cuitirtiL"^*^!* I may also stifp ♦», * t , ''""ivation, which ^ Apart however from th' f ^' """P-^cy. """'^ '» «'«»= division ii,;er '"'' """'i' "- l'«l>rietors of these S SouTvT' f"^"!"^ i»v-»iuusiy to tracing m ill 130 fo4 f ^ ' I have, &c. Crown Lands Department, (S'S«ed,) T. BOUTHILLIER. Montreal, 15th July, 1346. To the Honorable Commissioner of Crown Lands, &o Co„e4sio«'A:Vo3r„"„^tK1r&lr^o:"r °7.*" ^•" ^o- 3», ^n beJ";rS,„t *a™stj:^/ "■""'«' "■» ^opHCo™ of *= adj„ini„g ,„.s, rbi""""?*" Soverntgb'„tfrto°of1l.eCr- "■'' '^"P', "' ^T"."t rect bearing of a stra ght line betwpp^f I. i- . , ''*^^^'<*"' and took the cor- on that boundary, ana%anthis'nZ7ar^^^^^^^^^ ^"' ^^^^ ^S'- -^ the ConcessTon ^onc^^ffrufe^^ I procured the best evl- Jlepositions of three persons resSin^T T f T^,^"«"7 ^tood, having taken the 'y, at the bank of the Kiver 2 fhi h i ^ P^"*^,"^ * «t^"« nionumentt according » ni'o +^ I , •-"«; joia "nproveneats, with ftf^ '"/"""wis ol an ^^11 \'^^'"'"'^il'eirre. "u'y attested on oath. The Pay 132 I have the honor to ho, Sir, Your most obedient Servant, Crown Land, Dap,rtn,.„. <*'="'''^ T. BQUTHILLIEK. Montreal, 2ith August, 1846v 1 !1' ■ No. 62. si!. TV .1. , . BiTowK, 16th Scplember, 1846. .C"SLt;^rmj tTo';: rr" """ ° ™"" «""* »' ^^^-'^ «"" !■-. I have the honor to be, Sir, Your most obedient Servant, Honorable Co„n>is,ioner of Crown Land J"'""'^ ''''^^^^ ^^^^^ Montreal. I ■ #^ No. 63. Di8TH.cTo.^I)ALHousiE,|pAAC FIRTH, of Bytown, i„ the said Distriet ponent, wttpossession^f Lo^NoTinTh'^^^^ Nepean, County of cTr"e?L fnd afor ' H S". " C°"««f' «« of the Township of Front, to John LX er Llor llTXlt . r'™°' J°«"K'=' '""> ""« B^^en been in po..,.on ol^r^Cr^r^netra^Srh^^o^fa (Signed,) ISAAC FIRTH. Sworn before me at Bytown, in said District, this 13th day of July, 1846. (Signed,) CHARLES T. BAINES, Commissioner for taking Affidavits, Dalhousie District. ^,^1 r. intyourdrawin^f servant, CHILLIER. ember, 1846. e survey of tlie n the TownsLip have prepared ving the build- Ivancea and re- to what I had edar and Pine, ervant, LT BELL. said District, it he, this De- Township of •ken Front of ken Front as ten or eleven our; that he the Broken lochester has ne. FIRTH. Tu . . ^o. 64. xnia la to ccrfifv tlnf T 11 t jy privile^ea in Lot .\o 39 ancHff n" Rochester, of Nepean. i^ April 183fi nil (Signed,) ISAAC FIBTH. No. 65. With respect to the Broken Fronf ,V V ^^n^ubhc purposes, apphcat.on for it, and this i^Ition of H'^ " '^P''' *''"* ^'''^^ ^^^r made any read;, for ,a,J. ^Xt;? Clt h^Lf-^^ ^ "•« ^ot, will W of II..8 Lot, n» some part of hif raLovi^ °l "" '? ""'M^'ion In the dIpo,al ^ftlr aA""" Co°.mittee respeolfulfy adJae YonrFS. n"''""'' '» ,P'')"h« f"ll value after the Agent has reported what that "Xe I ^'"^^''"'y^'^owhrn todoso, Eo^hS^ '"'» »'>™=. "■= Con,n.Utee den, a "^ .ain. of right on the part of Mr. Approved in Council same day. Who were the Council then ? ( ^. (•■ I, , 1846. JAINES, fidavits, sie District. No. 66. [Nothmg appears under this head in the manus.rinf 1 -■ .r-j 18 It^' If!' 13'!. IV.:. 67. From Canada Gazette of 8th January, 1818. " Caowx Lands Depaiitmknt, ^tf IVOTICE is hereby Pivon that ih. . /''^^°"f««'' -^^h January. 1848. /■\''Bytovvn,(ho!„^! ,nUontt Vl '' '"^"^•^"'^d Town Lot., adjoining the River Ottawa ... i1k: t! , f^W^'r^^^^^^^^^ ^o 39, broken f4„t oS "t«t^^; "Pon api ..cation .o o ohn K Esn h!' ^' • r" ?'" '^'*^' ^* ^''° P^^e" the Ninth day of February next " ^" ' ^^^"^'J^nt Agent, on and after reJatte^^^^^^ or^^-^^entU at the ti.o of sale, and the year, with interest from the date ol'sale^ ^'^'^^° °" '''°^''^' of January i„ each ^f^^rfiZ'^^^kl^l^^;!- ?.^^cl.ive, (.lOeaeh); 10, ^^Lyon Street, West side.-Nos. 15 to 21. inclusive, (£10 each); 22, (£12 10s ) • ^^n'lt^i^rk^^^^^^^^^^^ ^Os.). 16 to 22, inclusive, (£1^ cae?)fT3:^|r^lo:r^^^^^^^^^^^ (£12 10.); n to 22, delusive, (£10 e4f24?a!ot);%t7|^°7 ,\l'/^^^ lOs.); 18 to 23. inclusive. (£10 ^^West^ Street, West side.-No. 17, (£l,), ,8, 1., 20, (£l, ,0s. each); 21, (£SrirT2?i?:V?£27fa:h.V ^^''^'' ' *° '' -Iusive,(£20each); 10. Ottawa Street, South side.— Nos 1 fn fi ;« i • .n Ottawa Street, North sidc-N^ sTTTw' ^f ^ ' "^'^ ^ ''^^'^'^ Queen Street, South sidc-^r,. 3, %]'^ ''Jf'^ -h.) Queen Street, North side—No. 3, (£12 lOs ") Leww Street, South side.-No. 3, (£12 10s ) Lewis Street, North side.-No. 3, (£15 ) Oregon Street, South side—No. 3, (£17 lOs.) J^ The Bytown Gazette will insertlhc above once a week until the day of No. 68. The Petition of John Ro„,!fXwn , ''' ""'" ""'" ""'' That your Petitioner, after . „.eat d-al 0' c-^'"' "'"" R-heskxts: . . a ^.eat Oval 0. expense, aeiay and vexation, has bee On 'I Poti ing "at toi The Li for sale, a to which . Grovcrnor 25th of S Mr. Be] lot as mad Wiih a sec( I beg to competitioi I would, 25th Septe himself ent price. ^nuary, 1848. Lota, adjoining broken front on ale, at the prices It, on and after of sale, and the Fanuary in each £10 each); 10, I, (£25.) !2, (£12 lOs.) ; !2, (£12 103.); icluaive, (£lo iclusive, (£10 iclusive, (£10 >3. each); 21, iO each) ; 10, 7, (£20.) I the day of RESENTS : xatioD, has that your fic follow- iy> that if any vncanVr ""'"I^'"g to the 25th eectron^f T p^^'jeater, xcept lot oT „ r ^'^'^^ ^and exists in f.« -^ ?^ *^*^ ^^^^ Act, v>nurch of Kin v '■°. ^'■""'of 10 acres thereof" . ° "^Ig'^^^ourhood of By! IIouse,IiurS^S;;'d*r'''A''^'^« ^-c^t of ^n^'c/' the Epi4i, That o.in, to the inte'rfotce :'["•' ''^ ^'°"''^''' ^^e^ary'Tst' ^847"^^ ^•^trong and others, this Ordor 1 ^ "I'^representation of tho P 1 nute ,n Council, of 22nd of f '',"°* ""'""'^'J ^nto effect h,? ^/^^^rend S. S. September, 1846 ;^ !„/""*'' 1«-16. quoted in tlufiV i' ^"^'^'" '"'other Mi- "Pon imn (your k v ' °!:^^''«'^' ^'^'th a view to nn ^''^'.' °^ ^^""'^il. of 257h wLaccordK?;d'lt"r;^f '"'?)' 'Y' "bV^u^'^;;,^?.*^!, value of the I'nd '""uar^ 4.1, i„r„, "' '^ """ °f ""= Cro>v„ Cd otSenf " "' f T'«'' Wherefore your Peti,;„„, epartmem, under dale «f %town, January 17, 1848. ^^'^""^'^ "^OHN ROCHESTER. to fe No. 69. Crown Land Department, The Lots to which the Petitlnno. „ii i ^^ontreal, Jan lary 22nd 184fi Governor Get jtr"™ '^i™ ">» ^''^'^''''^'''^StuLlT'^''- ."'"■ "f^^^ ^«;;f^«~V^S^^^^^^^^ °° ''" "' ^°^™"""' ^^""-^ iS^^^^ I bos to add! I fl^"? "■»';=■•■ <=''-«y pine aud c da "'°" """•''y ""ered price. ^ ""^"^ ""^ pre-emption of the whole nf'^k. *'°°^'' conceives - --■ - J. ciiLlUJ v'hole of the lots at the ^^'^ned,) T. BOUTHILLIER upset 130 & I 'r proved by His ExcdiSr ^'^'^"^^^^^ '^"''' '^'"'""O'. 1«1«. a.,- the same day ^^''^'^^^^^ the Governor General in Council on On tho npplicntion dated 17th Jnnuirv Isja «f t l t, , against tf^ order in Council of 8th Doccmber i « Ir f " Kochc«tor. remonstrating Auction of Broken Front Lot 39 in llTr'J. ■^' "^'.T/'"- ^''° "»'« »>y I*u»'li« t^ bo .t„,ed until hia clai™ H luowe"TorjI,?Cl^-^ '-/>;-? ^hat 5^;;;^ be .a,ed until hu e.a ^ii ;;; l£^::^::^:^:::\^t!;^j:^ yT^3^^£r^L'% fro. .rohn Firth der in Council of 18th Febnmrv iS/fi ?,n T . ^ •!"'^f «'»» ^^ Ncpcnn. By or- required by the Ordnance jS;tmen?) > L^Irir 'i '^!° ^-^Tl'^i-' o^hc portion acre, and the Uroken Front at lormyh^b 'T J" •'^^ «"''' *" ^'"^ "' '^O". per Councd of 22nd June lR4rt , '^"^•.P'^3"nj;_back rent since 1823. J\v Onlor m ordered to be ^^^aT;^'!^:'^''^:'^ ''T''T' ^''-v'-^e Bloc quonoe of the extensive improvcmenTfimn.tlnJ^^'^"*'^ bowevcr, in conse- ly (l«t July 184«) directeJ E L 39 lu^ h^''??".'',"" *''« ^^"^' «t.bscquent- «cl, but that tho Broken Front shTu Ifbe divid 5nl^ " ^T '' ""^'"""^^ intend- 1.0 Auctu,n. Petitioner then renewed if. ekim fn h T' V,"''* T^ «°'^' '^^ Pub- Broken Front and the Order in Counci of 2 ^ .' ''^ "' ""■'^^' ^'^ P"'-«hase the ?^"1^^ :'«"owed to do 80 Jf he ;i inl;^ 1^^^^ If «. directed that ho the Agent had reported what that vaTue was '' ^'"^ *'"' ^"" ^"'"° ^^ ^'' '^fter gqutnti;;ttitr L^^^^^^^^^^^ on tho Broken Front .as sui,- Commiasioner of Crown Lnnrla ,...'f'^"on ot tho Committee of Council bv fl,^ .j.a. Office. f.rw„Sg &«^n :?,J ^.^"f ''-?« -.'-» -l" "o'l!;'*? EochMter to purchase them, (he Comm UclTl.l '° ^°"' "" ''«'" S'™" '» J»lm Btnyed until the Isl M„v „'„, duri" S ,"™'^"J? recommend that the sale be cha»e under the present Cler^ Be""rvc^e"nl .•""" '^"V'""';'' *>° »""'='i '<> Pur! ^^it tffi:: h^£;= ^?r iirc^tirr^stim". JheUmm:„eehumh,Aavr:?rS^^^^^^ Certified. To the Commissioner of Crown Lands. ^''''"^'' '' '^'^^'^'' "•^•^• No. 71. Sir,^On behalf of Mr. John Rool..«f r , f ''''°^^' February 8th, 1848. John Rochester, I beg herewith to forward hia Petition The Pe Tiiat ultimo, of May Clergy J nppeaiin; establish' Your J Front to fraud one pf your P "1 rear pu reduced n February', your Petit tion of cer valuation, ■ f'Slit to th] Your Pe oppressive i to survey tl veniences re ^vhich a fict and under p Tour Peti 'ne Order of l'^ Broken Fr ' this portioi "«nce until fho Executive lary, 1818, ap- in Council on Jr, rcmonstrnting 1 sale by Public ^nd prayinjj that 10 be fully in ves- Tom John Firtli f^cpcnn. By or- "1 of the portion him at 50s. per • By Order in tlio whole Block ever, in conse- nt, eiibscquent- iginally intend- >d sold at Pub- to purchase the lirccted that ho iluc of it, after ^ront was sub- -Jouncil by^thc n the letter of u to John lio- npproving of ng at variance •wn Landa to given to John at the sale be )wcd to pur- ow placed on '5th Septcm- the purchase, sold at Pub- h C.E.C. .'ire-'™'' -'■'-i^^^ •••n I vex any person. ""^ "'° ^-''own Land Depart, ".; " ""^V ^^^""-o the . '^he facts ulIo.od in his P.V ' ' '"""*^'' '" ^'''^"« ^ ^ oiir njost ohodiunf c The Honorable Jxo A Am ^^^'^"='U WILT 1 ^^"'' Commissioner of Cro^'^r°''^^^'"' ^^^LLIAAI STK^^ART. C.ro,vn Lands, &c., Montreal. rf "^~ ^^"^ -sS^i^ !-^L^" r ^-- The Petition of Jonv P. ' *^^''' *c. f •JOUNRocnKSTER, ofBytown, Ith, 1848. his Petition •ri' » fj 138 w. h • tlic first settlers to 1," hnf t o i "vanably understood, known, and called by ^v^i^ , le 'Bu to n t ?hir/".1 '"^'' i ' "'V ^'^"'^ l^"^^"-^^' «"« «^" tl^c^lL; c ;r3 to thrwS-ds delilnSo anrde Si >n^^^^ ^""- ^^^S'^'""^^ ^"'^ ^^=^ •"^^--^e the Lots on each side oHt ' "^ -sKd 40 ^ '"°'?'' Pu" • ^- "'"u *'^« ^^^^^^ ^'^ your Petitioner. """"^ "^^ "^ *^*'P^ '^^ ^^^"«h is in the possession of lcncrr£„^:irco^i:etr dT^^^ ^"^ r^^^^'y P-^«' *'-^ -^ y-^ Excel. ExcelLcy in c'ouicTThi IT'" !''• '"^' "^ ^'^« J"^^'^« -'^ ^^-"'^ncy of Your lency to i^lieve vou 'l^^^^^^^ ^^''^ ^"d"«« your Excel- that^hisri^hri: SrL^i';;t';£^et";S:iiuS't!r ^"' ^""^^^"^^' ^"'^-'^- And as in duty bound, Your Petitioner will ever pray. •R„* T^ , , (Signed,; JOHN ROCHESTER Bytown, February, 8 th, 1848. ^^^-^oxsuix. No. 73. tier;: fc^ist^'foS M^TT 'V\ ""'"''T'- ^'^^™^ ^^-"^^ *^- -^p- 1 = picvioiH to 1842 with consent and approbation of Government. tl.at of Mr. .Suglli^ol,™,, '7' " "" "'''"'""' ^^ "■" Government, and ab^i^Sed ".?, ''1° •"' ""'"""'^'y' "»" '«= t»s'!l!o<) to ! .Tohn Chitty, (he Inspector bn"t on mor.? tls:!z^ i:i:^:^'^i^ir^i^^^^^f^ "r '" i *T' caneel .he deed in hi, own name, and ge-. oni ex'ecSeJ i"n°that'of lE'Se'd but it The seen ai The if requ Litt: rooted reason then th tion of in conn: for a cei the fore one mac Sir, — ' ing been Petition < ther with tion as be ordered tl to agree f( Judges of Mr. John Dear Sir submit, for the necessit I^ot No. 39] only depreci continue, inl If equattc presence and reduce the vi nad to pay a 139 inction was ever ■n, and called by lie Inspector of lentlj to possess the Inspectors, r begs reference \ the Crown of he possession of i if your Excel- ictors should be ists in his right viz. :— £2 10s. ' the Act 4 »& 5 \\ regard to all your Petition- )st humbly and 3 to cause ano- to its value as rth in 1835. lency of Your !e your Excel- nce, and order HESTER. ^^■^f^' ""<• '^r^'^^cz:^:^ 'z:^,,^ .,^ igthe inspec- )n of Lots 39, tlie Township lac Firth, for three instal- )r the term of nt. the conclusion or said Lots ; in returning ; of the said tvn Land Of- ernment, and ihe Inspector own use and :'s, of a small n to a claim, nsj^ectors, to bove named \n^ but .t was indignantly ViCr '" "''"' '"" """"^ -">■ !■" ^<^'^. LLtit ihe Keponmac',3 and lodged in tl,„r_ t ,„ «e^n at any .ta„ „„ ,„„„„ „»°2:;*= Crown Land Office, by Mr. K„bcr.s, can bo tion of depriving Uv. Kocheste^- of L ; . , ^^ ^ '•«"*' ^^'^ '^ the obvious inel' in common with all other occupants o r ?^' ^^ Pre-emption conceded to Idm for a certain prescribed term of S-tl^-''-'-'"^^'"'''' '"'^ ^^^" ^" I -ses o„ the foregoing applications were not broi^^I?!-"'''* "'/""^ ^"''"« «"t by the fact Tat one made by McLaughlin. '' ^'""-'^' ^"^^'^^'^ ""t^l the final r^-ection of tl^ (Signed), PHILLIP EOBEKTS. TVo. U. Crown Lani> DEPAimrENT, . Sir,-Your letter of the 8th instant .M i ^^^""treal, 20th' April, 1848. ;ng_been transferred to this Offic" J h' '''^t''-'f *° *^"^ I'rovincial Secretary Inv Petition of the 8th February, wS untrt'^f ■■"?/""'• '^''' ''' '^^PPeais t t' yiur her wi hone from Mr. Nicholas Saks wt T.'''^T''''' "^ ^'^^ J^xecutive to""- tion as being tlie broken front c^-'iot No of"''^ " ^^''^'"'^ ^^' '^^' ^'^"^I in ques. ordered that the sale to you shonl,] it , \ '" consequence of which klvL to agree to a special caseTnvolvini the c^-T "'' '\^''"^ ^''^l'^^-^ to Mr S .a ^ fudges of the Queen's Bench Sheir^Sor" '"^"^" '' '' -'bmitted tSo Mr. John Rochester, Bytown. ^^''^"'^^'^ ^- ^^- ^'^^^E. No. 75. Dear Sir,-Should you find it suitable fn ^1 ^/™'7' ^th January, ISo'O. submit, for the conside^ration of he Hotrablt ho' C """•'' ^' ^^'"^ '^'' ^^^ ^vould the necessity of efficient measures beinrt^'n f Commissioner of Cioin Lands, Lot No. 39, in the broken front, by 3;^. vhi'<^h " '''^ -'' '^'' °^«"P^tion of To/fl'^'V^ '^'' ^^^"« «f the reJ,aiS of tint T n/'t ^''''T?' "'^'■^'' ^^i" "«' continue, nifl.ct serious wrong and injurfon tl ^ .Hd^n n • '"" '^'".' "' ''^"^"•"l to If squatters be allowed to o-o nn J tnt i,. glibounng proprietors, presence and th..U?.;fl'J,.^^^^^^ lot in a lawW, nmnn^- ^F-- reduce the value of p^op^^; at tis"end of fr^V' ''^' "^';s''bourhood,;:iir^.retly ^- to pay at the rate Sf ^o an ^^^ S:^- ^ct^^bi^'^iti I ( 140 U ) m hZlT ''Vf n^'"'"' -^"^i '? '^'f '^"" '''^•'^P*^^ f^''- » Villa Ground, particularly from being beautifully ^^^oM, but the squatters are cutting the wood whirSive t iS pnc,pal value as v,l a ground and no respectable person will bt7yand°Thee' to bu.ld upon among a low class of squatters. It was subdivided into xuLlZl \, ZllT^' ^^P^"- i' V" I^."^^'^'^"' '^' equatteL aL nder n^h "eu'r V y va lueless by rcmovmg the boundary stones. ^ » v"e survey va- If something be not done in this matter, the land will soon become of verv Httlfl value to the public and will fall into the hands of the squatters Sule more^han a Sr?!''-?''' i' \' '^'^".t" f resi).ctable people Iho would wlin^rJve its ou fnfu V tl, tr.f'^ «-f erable los. will be^nt^iled on the publi bt^d^sl ! persons res dinithrrp''' ? "^""^-V^ '"i *^ neighbourhood and inconvenience to persons residing there. I was informed by Mr. Eochester that a man was nearlv killed not long ago, on the road in front of No. 39, not iar from my dwelL ' S some worthless people frequenting some of the squatters' houses ^' ^ I remain, &c., &c. John Duuie, Esquire, ^^'^"''^'^ ^' ^- RUSSELL. Crown Land Agent, Bytown. ,a \l If'' No. 76. County op Cahleton Agencv, Bytown, 28th February, 1850. bir,-..I beg leave to place l^ofore you the enclosed letter from Mr. Kussell of Lw^Ca^n.'"'"'''^" '""' '^^"^° reference to Lot 39 in ConfeLionlfot K J^ «'°"P^J'°" «f tl^e lot by squatters, to which Mr. R. refers, is not recent the ast ,ase which occurred was, I believe, in the spring of 1849. but the sea" o° of he year IS again near, when there is danger of its being agan repeated From iantpnTr .rf *''".''"'^^'"?'^^''^'^'* ""'^^^ ^''««« circumstancerarre ected ther can generally be put up, and inhabited before even the settlers on acSno of{ are aware of their presence ; so that there is scarceI^^p biJi^y^f n^^^^^^^ al e to do more, than inform the parties, after they havi taken possession that thf ,i;vTi!fl^°V''^r '''*^^^Jt'««'^ to be sold on the 9th February, 1848, havin- been sub- divided into Town Lot., but the sale was subsequently stayed in con eauence of a fwttc^n^lf" dTVl?^^^^ '-''' '^^^^^^'^^ GoveJ^^menl^TriaTLl untnXlst S of ?hl ' f^^H'-'^ry, 1848, ordering that the sale be stayed until tne 1st May of that year, during which t mo Mr. Kochester is allr vpd tn purchase at the valuation placed on the lot by mc. ^^"cnester is allr .ved to and noTnlV^X^-^^" '^'"'"''r "^ '^'''' ^^^^^ ^'«^« «1»^tt«d «" the lot is very bad, ?esne" t.bLlnhabiHn^rr"T' '^'''"? ^^•'^^''^- "^ ''''''' ^^ ^reat annoyance t^o th proSv in the nS^^^ V^'1 "'"'"''^ '^"«* *«"^ to depreciate the value of flTIy '" r ^ neighbourhood, bo long as it remains unsold it will Hp. P.nn««l m t..=H«»., aud particularly so from its stituation being so near the Town;and"the Sir.-Tc i"eplying to Broken Fix I'eply, that : ''•*tier aubaci action havii) 141 lenience arising irticularly from liich gave it its ^ land there to village lots at the survey va- le of very little le more than a llingly give its c, besides seri- convenience to lan was nearly y dwelling, by I have the honor, &c., &c. »-vc.., t\.c., he, Toronto. USSELD. n»/^ -.1 -^^.'""'^'"^'"'Jf'!- should not lu.«.^I,l r Af '"i'"V"> i"cro appears to an e w. h the Order in Council of 1 "L , J Ln/v V,''^"/"'^^.^^^^' i" '-^ecor . Previous, however, to nuvkin^ the ofF.! ,!°"'"/' ^'^ be effected immediately, m communication wi'tl. Mv.S^^" '^ /" ^^f': Rochester, you will place yourself an objection to offer. The lots nh. • / !', T-'''^ ^^ ascertaining whether he hi of ilichmond Street. ''' '" ^' ''''^'^''^'^ ^^om sale being all those lyinV West J. DURIE, Esq., &c., &c., &c. (Signed,) J. II. PRICE. aary, 1850. Ir. Russell, of ession A, Ot- ot recent, the the season of 2ated. Frona erected, they adjoining lota of my being lion, that this the lot, and it. I would one from the ing been sub- lequence of a he last notice ale be stayed s allcved to ; is very bad, yance to the ! the value of le exr»osed to >wn, and the No. 78. County of Carleton Agency, ,. Sir,-I have been instructed I.v fl.. ir m ^'/^'''''"' 21) th April, 1850. Lands to ofK.r for sale to yot Leon ition'^^ the Commissioner of Crown atcly, that part (rescrvino- the ?,o.tZ v 1 . '' ^'"'"'"'''^ '^« «ff«°ted immedi- fo SO, broken front (JtCxw C^ St-Z^ ,*'?>• ^^^^'^ «^' ^^^^^ks) of Lot to the valuation placed upon ii astbdiv^^lfi^^^^J^;;-"^ ^^-^' ^ I am, Sir, Your obedient Servant, To Mr. JoH^ Rochester, Bytown. ^^^^"'^'^ according J. DURIE. No. 70. Sir,~Temnorarv al).PnP,. f .. i , ^^^pean, June 20th, 1850. -plying to >Cu Lt orth 'it;T,?Hr;^°'"^""""^^^^"^- I--»ted my Broken Front of Lot xVo. : irNc, a^c ler'v ^^^^^^^^ ""t' ^'^ '''''^' ^'^f«'-«»«« to epy, that my two petitions in jZ:::.';;!:ifJ^;^::'^J,}'^^.-^-^^y.to say in ■^p-: «uoae.jueafc communications, are ia the han.'iVnf'^l 'n''' ""'' '^''''^ '"^'J*-'"^' ^^"*» action having been taken upon thoin thcOoveramcnt, without any 19 14y ■ .|,, ? !l The Petitions and communications referred tn «nf r ,i i T7 and cnoumstnnco connected with the sul^'' t ^Z *'"^, ^^l^^^''^ ^^^''y ^^ct every particular a,:.aiM would onirnJlfvSn^H '",""'•* ^"•''^ '^ ^"t^'' '"^o phun; and M'hat hi,s (from wh i F ' rv [ '^'^ V "^^'I'^-T '"'"'^ '^ "> '^^^If simple and the case,) heon swelled in^o ^ ^nltL^^^ JS^ im;:r;:nt: ' "''''''''^'^ ^' ss{s;-r;^XriS the arrangcn^ent of the urvey n ' he de on ' 'T*, '' ^''' ''' ^^ 2»' therefore the Province. So upon th.t sco e ]\ r ^J^, ^ "'.""^^^y f^rveyora, and the law of the final closing of n y cla m to the ll'n ^ i'" prctcnt.ons need be no barrier ta detennincbylaw.neitLr n\,o r •'^"* ""^ ^^^ ^'«- ^9, which I can th^i^ ri.ht tj it, a^ut is ^Jih :^: -r^^j'iSd ^"'^ "^^^-^^'^^'^^ '^^ ---^^S fromZ3^!;^s^s::ri;]E^srtSLS^f^^''^'\^ ''^^^^-" -^-^^^ pensate or the annoyance'and exjlTel whici I'hl^eren s^-lfe^ef ""^ ^°"- "po^h^l;:? Ji---^^rj^^:;;3;^^^^^ rslir ;„d deddea proposition. v.ouncii, i am not in a position to make any other distinct I am Sir, Your most ohcdient Servant, John DnniE, Esq., (Signed,) John ROCHESTER. Crown Land Agent, Bytown. R' f No. 80. County of Carleton AcKNcy. Sir,-Referring to your letter of the 1 1 f h Af M ^T^"' ^^^^' ^"°^' ^^^^• to your instructions, I placed mv elf i!. "''• ' '''^' ^ ^'^ to state that agreeable to ascertain what pokiofoTfl "S^Ln Front^f'^r^' Mr. Sparks, fn order he clamied as being covered by a dec^^^l which he VolV!' ? ''" •^'?^^"' ^«P^'^"' letter of the_20th April, which I Tow e c t lt\T^ received in reply hi. Sparks has since taken nosso^^mn ^ ' + 1 ^\,f ^ ^"'^> here mention that Mr. corner of" Richmond Sre^t' I tooktlo'n' ^^ T'''"^ ^'« *^^''«« '^ the We td the matter could be finally Jisiled of.^ "^'" ^'''''''' ^^ ^^^bidding him un- te. days .nc, has beii g;;:ktd wSl^I t:]^^-:^ ^ ^^^^^ ^ w^iat p^:sr!;;i;a i^^:j^£:^^!fr;;;el>:t t "^^^-^- ^ ^^ *« ^^^-™^- opinion of my own, 1 r.rw 4ate t vf, . the Broken Pront; without offering any th.s instance to whicli he ha« no -l, • , ^ J ';i""^^t-"J'''?'"' ^" '"^ '^^'"'"'"S hind in ^yh-! :ho land is now off^'r^! " \ v'f f''' ''"^":"'^y ^'^"^«''"« the'prico at ("Uu wJ,ieh it ha,s been si livid. 1 ^'""'^''t'' '""'.V' "^^^'^'^'^ "' huilding Lots yhen my valuation w ade if miht':;^^']- * ^f ^ ^^'^'^ ^^ '"'' oontomplated ^n Bytown is not at present woitlv./ ■< 'f '')"^ ''"'•''''^^' ^^'^^«»Sh property no expectation thnt ^t:!^!^^^^ ^ '''''' ^^''"' '^"'^ '^^^''^^^ ^^ ^ l^^ock, I hny. ' ' "'"^« """ "^^ *^"*^^"' ^'oui'J he oltuincd ; viewed as a farm gvilar circu cessors in ( in Council, that I codil foro His K •ible, excep h^ke ine to 5 tigafing the I will not multiply ref I therefor after mentio Crown LaJK cplain every fact e to enter into tself simple and uitfconception of . Sparks' preten- entare unneces- nnot be ignorant & 39, therefore and the law of )e 110 barrier to ', which I can ■y by conveying been subjected •ould not com- ted.- ted and decided y other distinct 143 ■I nave the honor to be. Sir 1"-^ 'tore. Your most obedieiit'servant, The irono.bleCo.in.i33ioner of Crown Lands. ^'^'"'^ ''' ''''™' No. 81. nt, illESTER. rune, 1850. that agreeable arks, in order i\ya, Nepean, in reply his ion that Mr. to the West [ling him un- to determine offering any I here, with ning land in he price at ijiiling Lots onloniplated gli property ■ock, T have id as a farm JOUN EOCHESTER, Esq., %town. (Signed,) EDWARD .ALVLLOCIL l\o. 82, Sir,--I beg leave most rcsDcclfuIIv f. i • f ^^^'^^^ Pebrura-y I6th, 1852. a'>le, except thT, V i:."":'" ''" ^"'^-'^ *'^ -h^^^ ^tt it f •"""^- ke me to snff'.r o ■ " P ''*''''" '"i"''' ciu^icr to ■ill.n^r ., ^ '"^ mexphc- ■»»" -..,a Omcc, or the Exccmivc Com,dl OfficCvt"!"" '^'° ""'"=' '» ">= lU If No. 1. My petition of date ,.„ ^ ^' Do. do. do win .rannary, 1848. ■ _, 3. My letter to Mr. SuiiWa,;;:;. 8th February, 1848. I ^^^^ 4. Do. to Mr. Price.... ^^}\ ^P''"'. ^848. I '''^ 5. Do. do. do I5th May, 1848. I , ^ 6. Do. do. do..' •••14th June, 1848. I 1'^"^ I shall onlv add that tho •nrn]-n""r"'.'""V ^'' ^^'^l^c'-, 1848. I ,f ^y rpdnccd in value, ^^^^^t^::^^ f^^y --cd, and vcy n.uch I X^. tion of character, who have robi.ed Tot^\ ihoT; V^ "i"f ^'''''^ «^ *''« ^^o-'^t descrip- I vj, quarnes, carrying oil' the stones, wld con if, o"' 'T^ "'' ""^" '"'"^^^'"^^ ^'^'^^ •''"d I S ^ ng subnntted tho case to Mr. Ma lod M P ' T^ I'''^''^ ^^ ^'^'^ ^'«'"«- Hav- I "'i" ally visit tho i)lace, I take »;,o 111 a ? \' •'' '''"'' "'« '■(^'{ucst he would nerson- I ^^ that you will L pl^a^ed :;; c^^^^^^ ,;^!;';:;;i"^'^ '^"er ii^ reply tlierc^C^:::^ I ^ ^' "It witli a icply at your earliest convenience. I ?• S- I have, k,., I ^^"f .o. , , ' I with i The Honorable John Koi PIT ^^ '^ JO"N liOCIIESTER. I Partie Commissioner Cr.^w'n Lands. | Auctll by the valuati c- T 1 Crown La-d Depautaient 97c+ t.^ k , I n'^^''"t Sir,-I have to acknowledge the rocoint nf ^^^™' ^^^t February, 1852. I for thei upon inquiry find, thnr mthoir^h ',1 .'Tt' !?•/""' I'"'' "^. ^^'^ ^^'^ instant, and I ^^"j^ l>i ;n Council have not received at1en{bn,1*f d ' t'oi^ :?• ^JV^'^ V^*^'^ ^^^^^no I ^'fr " |v ere communicated to you by letters fi u t I D '" ^^"""'^ "'^^^''Pt^J thereon I ^^^^''^"^ February, 1848, and that your le e o^' t o «' f'^Pf ^'"cnt, on the 1st and 18th I T^' «^ feulhvan, as Provincial Secret- r v. :, ^'\ ^^'^ '^^^'-e^^sed to The Hon Mr I °^^'^''t Apr 1, since which time Mr D i ^ Z^^f •'''' ^"^ '^'^ ^^^'^^ on the 20th I '^' '^^o fercd to sell the lots to you un ler O Z- ; "rn"'"T'. T'" ^''« ^^^arlment, has of- I ^^^try^ ceptms such (being those west of H . i """' "^^ ^''"^ -8th January, 1848 ev I ^''^^ ''« offer it appears, you dedin:,!^ Y tlXfr ^ ^'y'""' '^ '^'- ^P-k ' wii ct I ^^-^ion whether or not you are prepared to pu -dn ' of -o. " ■ ''^"''? ""^^ '"^ ''■'''' ^^'^tinctly I With lots are open for public Lie! under C^^^^^^^^T't^'^ ^^ S-en that thl I A great j uu.ui.cinent oi the 4th January, 1848. I «bout 15 Mr. Joim Rochester, Nepean. (^^g"cd,) JOHN ROLPH. | J;j^^j;'^'^««' tlestroyinj J'cpresentc of the SI' -r Nn, ^Q I ^ Petition ^^ O. r^ti, I to the Rec T) I P''oclamatii Sir,--With reference to my several annll.n.' . -^^"^°^^^^' 23rd July, 1852. I December, chase of Broken Lot No. So/front n T e oTn *'^' .^^^••''•"'"ont for the pur- I With ro VTT'' ^^^'^^^J^■''^ve respectfully To ky efo^ . ' 7 ^P"".^ ^'''''' ^ ^^^''^X I ^^"'^t. is un I^xcellency the Governor Generafin Councd t leillo^-' " '' "l^^^^^^^ion of lit I h.ave his o^ I emigrated from Kn^rland ^nd n.nvl T > fallowing snnplc facts:- I sions and I Isaac Firth, the improvemeirh\^^^^^^'^:^^^^^^^^^^ 20 year, ago from Mr. I "-vennes. l^t Concession of Nepcan, and Broke Fm ■ /^ ^'^'^''"'^ ^^'^t No. ;]9, in the I ""^"^ ^^uuds him a large sum of monov n cash J ' i; V for which I paid I ^^"^veyor car been in possession ever since ^i la^t v^r wl ''''('T"/ '"^" ''"^^^^^^«'«" «-"y,lS48. ril, 1848. fly, 1848. lie, 1848. ler, 1848. find very much worst descrip- laking holes and is value. Hav- e would person - tliercto, hoping tivenicncc. CHESTER. I'liary, 1852. h instant, and the Governor lopted thereon 1st and 18th Hie Hon. Mr. ', on the 20th tment, has of- ^ry, 1848, ex- 5parks, which ate distinctly fiven that the ly, 1848. KOLPH. ZfZ'or' ''■-= ""-SV../'.'."°-^°'?."--™ ;m'l':'',il'A »•:'"= ••"•J a half perly interl reference tc most abandoiTorV%^ f esorvcs, tho vhrht 'T li'Tl^y P"'-siicd in every 'fnsi. of p„,.' . ""oned ot characteiN wim ^ ctitioner was sot- ni- i J "'''' *^"n 0/ -I etitioner and Af.- r. • '."^ '^^"'itiedon (Iiff;.i.n..* ^^ defiance bv th^ abou< " have withou destr ily, 1852. for the pur- *> a Cld'c^y tion of liis 3: — ' from Mr. • '^'J, in the 'ch I paid n and have ihly fenced ■ same. A Avhicii wa.* Petitioner mtinn^tr n . ' °"^ l'"^''' Prodamatfone of feX. r *''■ °' "*' "'= "th July V!r '' Y'"""'"'' -^•''P- ?«• December, 1842. *^'"" «™'»» Mnjcsey, of tSli Setobc '°.«';^ '''''P-"™ ,_ With roforenco to tl,„ „,.„.„..,., , . ' '*^'' "'"' 10"> the very not only conces- hy the course h any l^ctitionn.e!..i;«':',;r7'7"' '■*'"^«- ""' '" "^^ --^JJ^i^ing-CoLt. MO Ilonoml.Ie John Roi.ph, (S'>cJ,) JOHN ROCHESTER. Commissioner of Crown Lands. ■1 '1 No. 84 ■\Vc Iicrchy ccrtifv fl.of ... i r, Quebec, 28th July, 1852. Oetau. River, i„tl.^^J;..ilT;^^^^^^^^^^^^^^^^ ^^-^en F,L\ on'Jhe John Rochester, with n house built on he u e Vn 1 .^ f /° *''" «««"Pation of Mr. ed and cultivated. That part of l^elohr In n ?."',*'" ?' *^^^^^^ "^''^^ clear- »>ehevo, in deiiance of Mr. Roci>este ' T ' fl?o ^T'"^ ^" ''^^ «''^«^- P^^tios, we great part is overflowed in the ', '^ of he r^'^ '''^''^'^'^^'"^ ^'''^ '''^■- « ncuKural purposes on thc^iicluuL ^Road \^ul ' ""-V ^'!''' "°«^ ^^"^1 ^o^ ag- "pon the same by the Guvennnr Wt'ors n^^^^ Tf""' ' ''"' *''« ^•■»l"''^tion p,°t - hur valuation, wluch ^ve .nule nl a d L^'^f J, '"^>^ «''f ""^^ P- acre, Jva. instructions of the department. '' "' '^''"^ ""^^'-"'* ^'"^H^ under the (Signed,) JOSEPH AUMOND " JOHN EGAN, M.P.P. IJ l.y ?n"X^^^^^^^^ RoS Rai '" ''"^" ^r'' ^^P-"' °--^ road between them. ^ l^andall, as such, with a reservation for a N'o. 9, in the 1st Concession, and tin o I'n P^ parate Lots when granted to explain LdLtor^''^ ^' ''''' ^^^^^^ed as se- C.L.O., August 5th, 1852. i^'^Sr^od), T. C. TARBUTT. Lilt No. 86. '^'■P""'' »" ''"im of John Rochester. Sertcubcr, 1845. """" "' Town Lota, under u,ao» in Council of Mtll !c-!.r„ cimiu arc siatcci ; iit- having, it Extract i C n ^> On the a Reserve L about 40 -nc 0^ which h( iqimtters and Mr. with them. )CHESTER. h July, 1852. jany years, with i'lont, on the Jcupation of Mr. el ve acres clear- ilier parties, we Lot is rock : a 'od land for ng- e valuation put fs per acre, wad ath under the UMOND. N, M.P.P. repean, ownctl ervation for a scribed as se- LRBUTT. t'«;K chiefly pine nn 1? '' "'7 '^^"^'-l^- cov-ered vi . " "'^','^ '" ^«^0, t waa ilowevei', as Mr Sn J ,' i • Wonor- Upon lookino. over nil .1 """^ ""^ ^'^ J"^^' Crown Land Dopartacnt, iesoL^^Vi^l^^:^'^'-" «f John Kochester. ......1 ?'.^\^" ^^""^^^ «» the Vth. ^ese;;;'^^^^- of John It^hester, rene.i„:;^: ,2 "^""^^ ^" ^he 7th. about 40 n.roo ul T' .'Vi'^ ^''^'^e" ^'ont of t l,e To ' j • " *? Purchase the Clorrr^ of which h^i^aTpSs^ 1:^!" ^" ^'"?'^^^^"" ^^out 2J Vein^i^'P'?"' containi^ ' ""' - occupat^n, and is propnet^c^- 1;!^ tt t In J^r'^'-^ lis . P^'CJoRimitteorocoini »• in favor of " at the rate account thereof. '" "'^^^ '"'7 claiiu ufr;unat tho aovernracut o lie on Certified. To tho Ilonorahic (Signed,) WM. II. LEE. ti'o Co.uuu..ioner of Crown Land., &c., &o, &o. Order in Counci], 5-7 August, 18.^2. . The Committee recommend that tho orHor- ^" ^""";""'^«' ^H' August, 1852. «n favor of the applicant [l^)che'tc.l b?cS Ld in^ T^ "^ ^'''^ '''^ ^'"'"'-y, 1«48 to ,uu-chase at the rate oi^oO. per U-e, : te e^t f ^'j;; U ". '''"' ^^ ^« ^^^-'""^ „ It being expres.Iv undn,.«fnn,7 ,..'.._.. ."''''.^^^''"'» that period. r.-i No. 88. ^-cior Ottawa Ki;:;:r;s.3;i:; choste. Senior:;:f ;i;; ,^ - -;;;^-;; - :|-;^^ i:-vince, i^^he'Si, and Edward Malloch, of the tow, of PvM -'^ ^^""^^ ''^"^ Province, :5 I'^sqvure, as witness my luind ^d ,e ,1 ,^t'" :"V 7T T"""'-*' .'"'"Province, Sedtd^i;? ;^;;::: ^=^^ «^ ^^-^-^ ^^^ the year ^ oi;!^^?:!;:'!^!;^,^^^^^^^^ S%ned, sealed and delivered in presenetf;'' "^^ I^OCIIESTEK. («'g"cd,) John DrysBALE. District of Quebec, ) TOirN D7? Y«;n a t i^ r , to wit : ' [ J t, ,vf , f ;y SDALE, t f the City of Quebec in tho "n;, maketh oath and saith • Thn f ^"''"'' '" ti'c Province of Canatir'Gonfl^i^ . SIf.— Ac "ve to the i 39 in Brok( issued, appr that the Jot OT, 1848. The unde; Governor G( 'January, 1848, ted to purchase period. licholaa Sparks, Ilia claim to the Government on ■• II. LEE. gust, 1852. anuary, 1848, 2 be permitted Ijolas SparlcH, claim to the (jovernment of the town la. Yeoman, right, title, oken Front, le Townsliip d John Ko- !e, Yeoman, d Province, I^istrict of 1 eight hun- !:STER. in the Dia- -entleraan, John Eo- Je for the >ears date, it liuudrcd ■nd fiftv-twn 1 L — % 0^ A.... r.:'.«j-"^ - Que.. ,. ,„ ,,„,, , ^„^^^_ ^^^^ ^^^^^ (%»ed.) J. MAGUIBE, J.R IVo. 89. Srr,_A, Lo, N„ 3, .°™ ^"^ Depahtmeot, Quebec 9,1, a l«"?, has been difpLj^i", Conco«io„ A, on the Ol.ar •' ?''';^°«"»«. '8M. 1 We, *e., "^ ™ "wmpanyiDg P|,n. -^ Sooreu^ .nhe Dep,«™e„. of P„b,iS '<'«^ KOLPH. No. 90. ' ^"'"'"'f^' Young., Opinion. To the Ho„„„«, j„,, ^^■;--'-) MOM^tl. MGI,y. s^^^, t-ommissMnerofCroTOLaoda. IVo. 91. ««'«.or gS;' "^^^ -j^^S- f- .be i„fon,,„.„„ „, „. ^ „ IMAGE EVALUATION TEST TARGET (MT-S) V // 0,. W^.n 1.0 1^ 1.25 25 18 IlM. 1116 P> ^ '^r ^ ;\ \ 150 ehaseof the lot in question, in pu«e of .L *..J '?J.*J''- Koehester to tl,o pSr- paid for the lot. and the sii oarrSrl 1 V i ^^^"'"ent. That the money was al the lot, and were commUu^g^eS \^^^^^^ perfect nuisance in that sectionVJhe courtly ^'^P''*^' ^''''^^^ '^^'"g «^ by?l;i/3a?h%ta1^^^^^ it was stayed by direction of Dr. Ford, by whos/authority thL wa I^ef fceSSv^t.Ted'\^rP^'*^\^ in an offensive style— that C7^ -Jje simply stated— and it must be admitted not authority. OrrSenoelo'^'uf hte'Tatt'ter waTf ''"?.^^ *° \^^ ^^ ^"^^ able Commissioner of Public Works TtTtln^ti/.u ? ^''''^^^^^^ to the Honora- be informed officially what was Veau^rpi^h^^ * '^''' '°'^' ^°^ ^"*^"S *" being brought befor^ theVo^abT Mr I^tl X ^^"^' '' ^ ^"^'^°' undersigned that it would be all sphIp,! in ^' .- Engineer, he informed the Young?eturnedfromCntreal as htLd "r/itp"*!"-' 'T^'^'^^'"' «° ««*>" «« ^r. had arranged, that if a clause was iLeSTwvr ""n'^'' *° '^^ '^''^ ^^^^^^ within six^months to constructrCanal un tSe ofti ' ^r!'r?' ^''°"^*^ ^^^'^^ through the lot should be obtained for the'orlindcor '"' '^' ^'"""^ ''' '^' ^"' ^^'rp^^^ of the Government, the that the damage that is still beiny opinion there wouldb. ^""^ '^''' ^^^^ here to pZdown Ih'"' {?>d'«Pensa- frora the Bay and °vil r® "° K^^at difference in efflot h^^^^ '''^^«' ^n^ in fast in thif £y for sTfe "v °°, '^''"^ ^''"^ t'^««' ^des dtomhr'° p ^''"'^'"^ ^^^^ through the sfc and ?/l °"'''"^"°^^' till they can Gn i^-^^^' ^^'^ "^^de be nu? to tL Snse of r , '^ ""'"'t ?°* «"«^«d to LThere ^Zl '" u^'"^'^ ^"^8 I^ake to the foot nf !t i-?"'"^ *heir timber in sinX ..•?' r ^"^berers would being ohUgla^ofotlo^'S' U^ '"^ '''' '' ^ Srtfor South T '^" •^>"'"'''' as the timber would hlnh^^^' ^'O"'^ incur extrempr?r;^v' "^'"^^^ their passing timberthS ^17" i'^ ?^"«- 0-4nh?vlfe ^^^ tT' ^^^^P^^*^' the Lumberers wnnU "^ , ^'th rafts, and if exoInrllVJ , *he season for would they notW '"'!' '^' deprivation with loud tVfv? *^' ^''^^ »«« of it, slidageanTdues aX.r'''n^'°^ ^o'^PJaint? After ".^'"f complaint, and the sHdes ? You wm no^/°* ^"''J^ ^"^'^^^d to he tdlitFe?'5 ^'?7 ^^arges for Your most obedient Servant, Honorable John Rolph, (Signed,) ROBERT BELL t.ommi8s:oner of Crown Lands, Quebec. 152 No. 93. , Sir,-I have head it rumoured thai T »f w ,« **™^^''' ''* ■*"«'"'• "«• .. about to be «,ld to Mr. Koor,1er.''Suui,e L'." "^°"^'°" ^- "' ^epeau, ;S:f=-°"'^ in..edute>, u.::z riKiTz-^s-^^s »^ t; ^?=?^tertViw'~^ purpose of 1.W their oar/ wUh/'''V ""'^ ""V ■»"«' o»e the beacLor the the slides, it „i|| Juo be reqiired for .YJ"" '" ""',' "> "■= ^ead of Cid above connected with the tnicle. Tuher i tre"T„f ^he"'^' '?•" 'T™' »'ter'iur;^« |h«I^_ Better re.erveLo.,tha%teX«oCLr.r?LC;S-f^ Tour'a respectfully, To Honorable J. Eo^h, (SignadJ DANIEL McLACHLIN. Crowj Land Office, C.W. bei ruf fro; niei Pal ther «eve tion be n Fi «igh( from aboui Fr of six Th. then *o whi Qui charging trwaferofa^t^^^^^^^^ -ilea in length, d.V S'°Th'"r"'^""P*«^ S'ealo ta"&^^^^^^ T"^ miles. ^l7 nt; miles. The obs ructions presented by the Sr/^^ ^^^^^ *° ^y*ow°, 114 6t. Anne, and the Carillon. Chute ImnJ^ ^' ^f"!^ overcome by ' . Lock at ?,J r? f d Aylmer, a dist^ncfof eiiSrtl'"p.^'1^^^^^ ^^'^^^'' Between to the Chats rapids, about twentv-two ,S u Steamboat plies from Avlmer and from thence there is a Steambort «» • '.^^^'^ ^^^''e ^^ a portage of three Sues about thirty^two miles. Above Bv?ownT*n?.*° ^f '^^« d" ^ort. a distance of dred miles, draining an area of fiftJ?.! '1^ ^"^^ ^^^ « course of over six hun lowest calculation, fhere are now sL^^^^^ miles, on whTch. by the twoyears, e:toeed one millionTsoy"' ("='«"»''1» expectation,) wluiufrr?;. of .h^ttraul ttrr' tuPuLr t'^ ^-r. -- the „pe„ti.., More rapidly, if, by the constraetion of oiLl""* °°°''. °"'er, would proeeKuS without transhipment, waa obSed •*' "»""""«'» Steamboat nariga&S headZhXctetp^^^^^^ between Bytown and the "P-, where.u..„Xvln:tKalSr&t:it:d^^ (Copy.; ExTRAC J I I That 1 have bee improved January, ■Agent fo) to the less the occup offered foi upon the j thereto, fr no lease, ft by the insj shall not b( Report or c As thecla August, 1852. A, of Nepean, for public pur- 083ible that the dispose of that irposes, at any •eat body along t ten thousand e Bay of said beach for the f Kapid above >ther purposes >r any lumber, mt of a Canal ' pass through lormoua price A.CHLIN. length, dis- es. It now iytown, 114 - Lock at i' Between id DaChere om Aylmer three miles, distance of ^er six hun- ich, by the I of market- ibutariea in )f water fit y-six thou- ill in forty- operations 3eed much lavigation, ^n and the the Chats the rise is 153 here about fiftt^ feet ., ^ " " ~~ ^=========r— — ____ WJ'en the increase of . f, '"'° °^ ^^^ «^"es Q^BBEc, 19th August, 1852, ^^'^""'^'^ ANDREW RUSSELL. (Copy.) No. 95. ExTHACT Order of th O 'ko occupant, for the smlf „f /"? « '" c-w there XaFi ,„ f °' ''"■^-'''"P'ion offered for sale • anTl ,? , ° "'^ '""''™ «Jendar moiiH.f^f ''"^teea no Jease („ "Pon the purchase In' V ZT "'""^ "* to ™ Ut' 'o""^ '""* '"'^ b^™ iheroto, from the Hm^V' ■ ' "° ''"'« "f six ner emt , "'^ """uprata, interest Repost on Mr. Rochesteb's P.% cession A, Ottawa fronrof °" ^'^'''''^Jf'o Lot No. .SQ i, n„- ^ tie cWm ,0 His ^ot has been . "'""P "'■ ^'P^™- 'ta been so n,uoh„,ged in connexion „i,hi,,.j,„ 3, ' i m^ in the first ConcGSflmn ;* rv,» u " -— =- petitioned for "bf£ "° ""^ P-m,a.„„ .„ ri„h ,„ ^^^^_ ^^.,^^^ ^^^ .^ ^^^^ It was included in RooIiMfo..'» -d *-.• .0 P"4aeT.£l\rvratt';f.!;j ?*' '? C-nci. of 2a.h Ja„„a^, ,848 the purc-W within a gi,e„ tiTe ntl ^<'"">.I'<>". on condition of cotoS shewn by subsequent Orde"8 in CouL?^'"^'^' l^^^' ^^''^^ hasten repea?edlv any claim based on the Order he has v? ^ /^ ^'"^'^^^ '"^ "" Position which defea?« posal of the Government ' ^"' ''^''''^' ^"^ Peaces the lot again at the dt It may here be remarked flrif «« -i ever been submitted; inl4 ttle "are'iteV' ^"^--'-ble improvements has therefore^ attamed its present value thrS ^^ importance; the lot has not which itt'^"'""'^^'-^^^-- ^'^-^^oTntv2eT'T '' 'T^^'^tureZte Which It forms a part; and, instead nf fL. u • ^ ^^ *''° growth of Bvtown of hance its value, it has been i^ a state to I ^^ '"^ i'^provement upo/ tTo en- of property in its vicinity • i? is now 1^^'"''^^.^' ^ serious draw back to the value the valuable water privifege * ad^bin.'"? ^W 't?'"^^^ ^'° ^^^"« by theUe o Although Mr. Egan and fir Au^Z7 ■ ' ^ *i^ I>epartment of Public Workq they believe thatl^orty shillings p^r"lwa?''f-''*^ "^^ ""^«r oa^rstal tti acrS^cr-'^ "^P^°*^-' -d tE: M^ at the Jime of the of clearing upo. the lot ; yet this i^^^op ^ ^^^^^^^^^^^ twel. fort pati doci Peti agai the < It is are t perse isten( resort Mr theL sion; as dist cession road le other. Mr. R( July, M Jdentitj? as his n: sets fort Messr mains to TheC has nevei tnown to hands of purchase amount is pepartme anowledgf t'cipation constitutin ficient groi sfrong, i„ 1 recently re In the p, ^nen the C ture; and ii «o sufl5cient racter. Hg Report of tl inade for pjji 155 fthecircumstancea jpon e:.piration of lots were required r period by Isaac saion, cf a lot re- )ut was uniformly )ses. »"y, by Order in ad been set apart not in virtue of ter, had made va- ipplication, being le has obtained a akes application, and was refused, ther was it ever first time it had ■il, 1833, it was 7 for the public lis occasion, but (lis Order was, md the lot was January, 1848, 1 of completing been sufficient n having either 5srs. Rochester claimed by Mi-, sidue. It was irchase on the 2en repeatedly nade in his fa- which defeats ain at the dis- :ovements has le lot has not, iditure on the f Bytown, of ipon it to en- c to the value )y the sale of iiblic Works. li, state that time of the en or twelve mony of the sj^orn Surveyor whn W 7 • ~^""~^^^'^'=============-r=:r:^_-______ McI n- ° ^° ^° ol^served ih.t i , -Department about out the grounds of ,?;o= . ^' «Jssent no- /mm tU- • • ^'^ared. One nf thl t Petition onuhiVl'''™™"'"? I-spocto" ll''^T'"'^ "' > ^Slr A^-'T' other Tu^ " <"" -f^Jtown ru ! ' between these Int^, "*''ance tor a con- -s„ffiei^„v;zr.L:tvlr"TF 156 no grant should nt present be made " T .l^. • f ",°^*^e utmost importance thaf ral testimony affbrdedtn tim n,, . -^'"^ '^ f^urther corroboratn,! f.^^i probabilityof a canal passing throurrh thp Inf flf v^^" " compnratifely remote mamtamed, it would be a sSort-sthted doH.V .rf^^'??'^ ^^ ^^i^^h is soSbly means now at the disposal of th^^Govert^:^^^^^^^^ The Coram ss oner of Tmurn T i , ™®"^ ^'^'^ eftectmg it. been reserved for public purpoLJ, W crsITtutod T}"^' ^^^° ^^ tEelot Tad no* AU which is, nevertheless^esp;ct?:iy s'S^^^^^^^^^ '"^° *° P^^'^^P*-' Crown Lands Department, (Signed,) JOHN ROLPH. Quebec, 24th August, 1852. «a i^epartment, and the description issued. J J R TV D. E. Petition ti Memojl ■Wepean, s t^hat grou] ships. ^M. Spiu( Cro^ . ^ot JVo. 3 -PQctora in tl ^orks, stateathat, 38t importance that rated by the gene- i letter is herewith t for the Town of 8 m the Province, Jiandiim from Mr. igation on the Ot- sinallest but most icient reservation ^ cannot for u mo- ipnratively remote nich ia so forcibly ' the public of the is duty, however rcnce thereto, be irposes. imstances, and in improvements or f the lot had not Mption. N ROLPH. nts to the In- neral of British spean and other f about twenty said John Ko- 0.39, Clergy lis having pos- Broken Pront, aordinary and ipted to insti- iircumstances Excellency in tned them bj I fen Front in ion issued. 137 It ia with de '~^"'' — »"ff the Jot in ? '• ^"" "'ost tmhfnll °'° "^^° ^"h y°"r autB/°"', .Petitioners most h. , , ' ^°"^^ ^'^^^ive (Signed,) ^ ^etitions-^Messrs G'l ^^' ^^• tei£-T~ -^ of the Ka ^«. SmaoE Esquire, C^own Land department. Ut No. 33, Con..3=ion X ■ ^^' ^^' (Signed,) WAf.H.LEE. -Peeiors m the year 18 m^ '^' '"^ « Clergy Kes^rvn , /■ '11 .'if M8 good; value 15s. per acre Nn «,i« i, i. = LieutoMM tC,B of,if„' irv^M"'""''" ^'■"™'' ""> April, 1824 u, nortfenemlof Briefak North A^rioa' & Sbato."^""' ™°"°' <'°"'- .llrr« 7? "P- ™ K^rSlLI J™. «„»«„„ .o .he neoe..., the Slideh, and the rafts which Pnm»ir / Montage of the sa d lot for the usa nV case of a Bale without such Sems th?J°'/"''"S" *'>^°"g'> tbose S ide' as in f>We from use altogether; and to nh nJn fu ^^*^® ^'"^^^ '" effect as closing ,, ^our Memorialists humbly concpiv. 11- •' °"^'' *^® glides. ^ the Lumber trade is subjected for sS' *^^V°/'"^ °^*^e heavy charges to wh.Vh I>.M..2™«....ha>,ofS,.e.ho....J.^: GILMOUR & Co., JOHN WM. HAMILTON DONALD M. GRANT, JOHN O'MEARA, H. V. NOEL, P. ROBERTSON, WM. H. ROBINSON, J. MACKINNON, JAMES FRASER, (Signed,) N. BURWASH, HORACE MERRILL THOMAS M. BLASDEE, EDWARD McGILLVRAY JAMES READ, per G. KING, N. SPAITS, JOSEPH AUMOND. per EDWARD MOSSE. Tl Cler^ Prom contai not m Tha actual and th done b value. ' That u»^e th( said lot this plac is indisp would al the said Ealis. T effect, to above it, DOW gram Your IE to hinder i claiming ei also beg to that under And you Dated at (S JOHN PC ^- H. TH( Jupant was willing the Ottawa, were )n her own U.E. h April, 1824, to ^n Council of 4th Stream; reserving md Kincardine, Thistle, Gover- 1n Council. ed in the Lum- y Sheweth : entertained for Lot No. 39, in the necessity t for the use of 5 Slides, as in of the Bay in feet as closing re-purchase as with trouble ia constantly 3. irges to which d in that trade he use of the U hinder any COL. McDONELL iiOBERT FAULFY B. GORDON, JOHN CHITTY ^' B. LEWIS ROBINSON LYON ROBERT SICEAD WILLIAM Reid' '^ ""'^^of-JCL^tV^^^^^^ EarlofE, • rh.:::!:":^""^^'^---- ^N Council. Clergy KCve.St!;i'? "'? '■"''->™ed that it i, „ f """^ S"^"^™-- That Your MemorJai;«f« t . P°"°^« curreJcv ' '' " believed will That in o«e of ,alo „„fc „„ . <'«P«>por..„.„„ .„ i.,",^ ?to■l-f^K If ™^^^^^^^^ Be, to And your memorialists Z' I f""^^ ''^ "'"'^e for the Durnnr'"?"'^'^"' and ^-ed at Bytown irr;: ATs'rr''" '''' ^'^ '"'''' (Signed,) "'^^^'^^ September, 1852. JOHN PORTER. J p THOMPSON, J.p^ R. H. ARCHlBAT.fefl _ ALEXANDER^?SSAt J.P.. 160 GEORGE PATTERSON, J.p K. W. SCOTT, J.P ^^*'''^'» 1>0NALD M. GRANT, J.P., KORERT BELL, J.p IIAMNETT HILL, jp ISAAC SMITH, J.p. , T, ^o. 102. Ist Petition of City of Bytown—Lot so A • LotJQ. A, in part, required for public General of Uritish North AmericaT&c. &a &o °^ '^' ^'"^t'^' Govcrno; The Mcorlal of the Town Council of the Town of Bytown; '^ ^^^^^'^^ That vour Memorinh'sts are, Infi,.™ - .i Humbly Siieweth : ^air?--^;^^^^^^^ wJ.ore Lumber for .W „« of ^ With before ti serve on Kesoluti of the C I cast ask: Ha- subject; are both j matter ho AJ] vvhi Honorable I , S'^— Ihc ""l^ed to do J ^ardsof two J.P., ircd for public and Kincardine, iiistle, Governor In Council. y SlIEWETH : crtaincd for the lonly known as le Township of Jolutc necessity he Bay of the for the use of :, part of which »r security and tly filled with to deprive the same in effect 'mber trade is titled to claim " these slides, icssary for the n, as it as the 3 is the place fn, and a sale 'n to a depri- 31* the use of lat respect it •n the entire Dated *' "^'°^"' •« Council, tlu. fith Septenjbor, 1852. l^'gncd,) u lir „« «. ^r. SCOTT, Mayor. Certified. (Signed,) j:. jjj^ ^'^^> Town Clerk. ^^- Rochester to Mr S ^''' ^^^ ^ ''-' ■ *^^""- ^^^"^^' ^^^'> September, 1852. forwarded to IIU p, , neral in r- - three Pet '^y to inform you ,' 'T^" Conces onT T "'° «"'« ^''at J,; jllr "^f'^^^" «»" the Maiil t'^'r ^ t''ey «.^ onTf"' °^ ^"^'"g out t ' ^°'''*"«'- Go- ^g"ecl a Memo J, i;™f7='' ■" tho iSe ,i°"° *'•"• ">o U <""■ Goneral in Hun;"! '?''''" "''Ji-Csf I. ?,"'' """'*, tl at „L, ?""■"=» »' "r.tZ-!-.^— ^o. 104 «"»«. 12th October, isaa nonius Jong pcnji^^ I6d in Council passed, he barSd and I mL^ "''^'' ''^"'1*^'^ ' ^^^' «fter the Order which was done with the't^ZleZt file Cr^' f ^''! ''''''''' '" '^' ^^t, and of a part o^ the interest for a verfvalpabre onS'"^';-- ^° ^^S^ment given me f^y ''Sintered in the Crown Laml Depa Le^^ '" '^ "°^ ''^"*^'^^«« After the Order in Council na^^J^ aif l! ?i^' A° P"''8"aoco of the Land Act the price of the lot as er L^ed fh'e "nte est ''''i ^l^lZ ^ '^''''^ '" *h "books,* money paid as directed into 'S; Bank of {^^^^^^^^ \'^^ Accountant, the me personally, and entered in tL account b3lwr'?' '^' '''^'^' *^«P°«J'«« ^7 out, the lot for descrJption enteied^-n7hp rlf ^yj^e Accountant, the sale carried for Patent; all whicif coairnottVe be^^^^^^^^^ 7^ the description issued . I may remurk here, that when I saw the Orde-' 1 C .T """'^''''^• informed the Accountant that there wire ahm,^f^ Council after it was entered, I for. belougingto the Board of Worir o Jhat h*t'' """'' '.'^"* '^""^^ "°* ^e paid Government, ^' ^^ *"^' *here was no intention to mislead the clllnndlr^^^^^^ Jhelfrof* mrl^^^^^^^^^^^^^^ f .^--.^° 'o respectfully, I this man justice, or such a seeming ZI - '•''^"^'^ ^® ""^'^ hesitation in doing this instance, contrary ?o the Lahih.1";'°'*'°" *"P"""« « different course if similar circumstances^ The prtipil ll^o^h^ '" •!? T °^ '\'- ^^P^^tment und r deau and Oi.awa Front, are described frl l^hp R' .^T!1?^'P', ^""^^ °^ ^^e Ri- and running into the next Concession Xh T S ' •"?"^^"? *^« ^''^'^^^ ^^^ts, stances ; and I may name the lot self and lot. ^« ^Tlr °"'u^?^ 5*^ ^^«"«^«°t '''- as lots 38, 39 and 40 in the first Concession Ith^h u ^?' "^^''^ ^^""^ ^"^'^^'^^^^ , This lot was at firpfc reserved IrZT .' ^'°'''° ^''°"*« ^^^''^^f' local Government, but rrhfufeoMt^R^^^^^^^^^ ^fl'' ^^ connexion with the vey,,t was found impracticable to Lnstruitthi^A""'', but on inspectior. and sur- Chaudi^re, it was consequently constructed ror^.^'"^-' '^T.^^ *f^ ^^P'^« ^^ th« Rideau Eiver. Before this deni?on was come rT^A"^ ^/'^'^ ?y*^^"' ^"to *»>« Lord Dalhousie, and was permitted to enS^fnl' ^^''th. "^^e applicrtion, through Eeserve adjoining the Richmond 1 *% mto possession and occn,,y the Cicrffv 20th March, 1824; MdorHim^^^ by his applicatiS March, 1824; and DiTaLh st P wV^^'J"/ ^"4^' ^th Februirv and 27th 1824, of which severaTCmunicari^n^S'n *° ^"'^ I>'^lhousie, dated'9th April, of before the Honorable the CommSner canff '"'°* u"""^' '? ^^'' ^'^^ ^^^^^ Mr.ilochesterhadnorightof premnrion or^L V"'^->? positive decision, that occupy and enter into pSssessiorinTfirLitf- ^ '''"^ '^'^^ -<> -thority to that u:S^st;m t'hte 21 po^'r1o1o\'s^h°^^T^"^ ' -«-' *« -3', to the views of the Governmen delTblraf.f r^ ^1"'"^ ' ^" direct%pposi.;ion Governor General. WheT^he ktenf'fi*!^ sanctioned by His Excellency the hint was given to the Honorabl A^r You^ ^ ' ' ^""l' T''"" *° '^^''^^^ ^^at a I have heard that the HonorabJe Mr Y. "' "'^"^'i l^^ ^''^ *« ^e retained, and to write him a letter on theTub^^ctwhlr^^^^^^ ^""i ^^"' '^' S"rv;yor, mformation I have from Bytown' and alsTdl !*''"' "* ^'"^^^"'-" "°*«1- This Dawson, of the Crown Lands DeDartmen? i! ^^^^^^ "^^° ^^ ^^^ "^"'e of Bell, Russell, Spark^. and McLacMn wh'o ^ '^ w f ^°''"^^ repeatedly with town, set to work in gettino^n SSn^ L- u "^'^'^^^^^^ °° ^^^'"^ return to By- letter, of the 14th s!Az^cz'F:mtn:s^t"'' *° ''^ ^^^'^-^^'^ I CHAR r^ maketh Rochester b Reserve, Toi ■Rochester, ai *id paid him »ame Broken Tn* ' / Nepean. I nm handed to Hia and which waa Honorable the ifter the Order in the lot, and ment given me »nd which waa he Land Act. I in the books, icountant, the t deposited hy he sale carried Jription issued pleted. vaa entered, I i not be paid :o mislead the espectfully, I tion in doing ent course in rtment under ;h on the Ri- roken fronts, different in- re described ereof. ion with the ioft and sur- apids of the wn, into the on, through the Cicrgy )plication of ry and 27th i 9th April, been aware cision, that luthority to ~__ J 63 request Mr Vih/l ^';'''g *>een dispose^^ had noty to reZ? k .¥' ^^^^^ I have the honor to be, Sir, Your obedient Want (oigued,) pmxrTN , ^ ED WD. MALLOCH. Sworn before mo at R.. - ""*■''• "'catBytown,thi3nthdayof0.fL . (Signed,) DAm^r X"' ^•^" ''''' ^ DANIEL O'COJVJSTOR, J p County of CarJeton. I CHARLES HFTsTPv ^^' ^^^• Sochtttl^r,\-<^ ^';V':SX1^^'^^^'^- the County ofP , Reserve Tn^iu- ^''"^" «" the JJroCn^ ®^""" ^^ the year lsVfl^Ti9*''^^ton, SocheI?;r an^'^^'P «/ J^epean, That I f '^^i^^^^t ^"X thirL '• ^^- ^ohn and paidh-rren^:"P'^.'' ^h« said HouaeThri?f '^' empby o'^'fT-'.^i^'-gJ^ 164 law, Malcolm McKinnon, and is now occupied by another person, un^r the said John Rochester; and furthermore, I know that upon my arrival in the l^fovince in the year 1836, the said John Rochester was then in possession of the said Broken Front, and understood he was so, in possesion, for several years before that period, under a purchase from Isaac Firth, and has had a continuous possession up to this P®"""^' (Signed,) CHARLES HENEY. Sworn before me, at Bytown, this 11th day of October, A.D., 1852. (Si med,) DANIEL O'CONNOR, J.P., County of Carleton. No. 107. (Copy.) Government House, York, 4th February, 1824, My Dear Sir,— Sir P. Maitland has received a communication from Lord Dal- housie on the part of Mr. Firth, now occupying the Government Store at the Rich- mond Landing. If Mr. F. will forward to me a Petition for a Lease of the Clergy Reserve, (Lot No. 39) I will give immediate attention to it. In the meantime His Excellency allows Mr. F. to take possession of and occupy that Lot. My Dear Sir, &c, &c., &c. (Signed,) G. HILLIER. Major Burke, Richmond. (Copy.) Government House, York, 27th March, 1824. Dear Sir,— The Patent officers here are laboring with all possible diligence to complete the deeds for all persons returned as entitled thereto, and I hope that long before the period of the General Election, all such will be in possession of their ti- tles. ; ^ I shall be able to answer you finally about the Richmond Landing and adjoining Clergy Reserve, on hearing further from Head Quarters ; it is by desire from thence that the step in Mr. Firth's favor has been taken here } should the Military Government finally resolve on not requiring the Lot, Firth may, I should think, have the Lot at once, or if otherwise perhaps a lease at a nominal rent might is- sue to the Deputy Quarter Master General who could grant Firth a license of oc- cupation during pleasure. Dear Sir, &c., &c. (Signed,) G. HILLIER. Major Burke, Richmond. Stamfo^O), 9th April, 1824. No. 108. (Copy.) My Lord, Dear Lord Dalhousie.— On receipt of Your Lordship's letter of 2l8t January last, I directed that Mr. Sherwood should be written to in order to ascertain on 165 i ler the said Province in iaid Broken that period, n up to this lENEY. r.R, Carleton. ary, 1824, a Lord Dal- at the Rich- if the Clergy le meantime ot. ILLIER. ,rch, 1824. diligence to }pe that long »u of their ti-* • md adjoining desire from the Military should think, ent might is- license of oc- [ILLIEK, Kejea^rrrn theTeS ne?^? ^'*\* P'^P^^r ^^^^ ^-*^ 5 That he was present a C days ago, when L the Cse o?\? '' r-r ^'■^t'' ^''^''''' «"d Hugh CarmichaefAgent Slmour reuLp t^ tr"^.^'''"^^ ^ ^?" «"? ''««^^'"g ^^ ^'^^ ^iUs of Mefsrs. ThTilit} A I ^^''P P^'f ^® ^°* ^°- 39. in the Township of Nepean. heTook iMS?r"- "*'r"'''-*''^* ^' ^'^'^ ^^'- Carmichael admit t^hat the^rt Lle° thi?l,p S ° ^'fnatures m Bytown,toa petition or remonstrance against the Si ;inn. . °? '"^^^ '' T i""' ^^^ P^^'P^^e «^ i"J""ng Mr. Rochester, and that rL'idtgTt^":;'.""" "^'^ "^^ A. J.Russell, of the^Crown Land Department, . (Signed,) HUGH HAMILTON. Sworn before me, at Quebec, this 25th October, A.D., 1852. (Signed,) DE SALES LA LEMARI),J.P. LprU, 1824. 2l8t January I ascertain on No. 110. iPetition of William Lyon Mackenzie, on behalf of the Mstate of the late Robert Randall.— No copy kept, but second Petition, 12th November, gives his casefuUy^ 22 '..J,:. :rm-m..iM/!,^-% M «m jlWS!! ll* ^.V*S1 !:l'r Jli'» f» S ^}^^^ 166 Mr. Commissioner Rolph to Mr. Mackenzie. Jrown Land Department, Quebec, 22nd October, 1852. Sir,— I duly received your letter having reference to Lot 39, in Concession A, of Nepean, with enclosures. ^ The Claims set up to the Lot in question have long been under the considera- tion of the Government, and much conflicting action haa been taken thereon at various times. The papers connected therewith are consequently voluminous. The case having thus become of importance, I am desirous that it should be thoroughly investigated, and justice done upon its merits, and I have no objection to communicate any papers calculated to throw light upon the subject to any one interested. The papers desired by you are now being copied, and will very shortly be hand- ed to you. I have the honor to be, Sir, Your most obedient humble Servant, JOHN EOLPH. "W. L. Mackenzie, Esquire, M.P.P., ♦ «S;c. «SiC. &c., Quebec. Mr. Meredith to Mr. Mackenzie. Secuetahy's Office, Quebec, 2nd November, 1852. Sir, — I have the honor to acknowledge the roceipt of your letter, without date, and its accompanying Memorial, with reference to the Claim of the Estate of the late Robert Randall to Lot No. 39, Nepean, and broken front, and to inform you in reply that it has been transferred to the Commissioner of Crown Lands, through whose Department all matters connected with Public Lands are brought under the notice of His Excellency the Governor General. I have the honor to be. Sir, Your obedient Servant, E. A. MEREDITH, Assistant Secretary. W. L. Mackenzie;, Esquire, M.P.P., &c., &c., &c. Mr. Meredith to Mr. Mackenzie. Secretary's Office, Quebec, 11th November, 1852. ^ Sir,— I have the honor to acknowledge the receipt of your letter, of the 10th instant, requesting to be heard by Counsel before the Governor General in Coun- cil, m reference to the claim of the Devisees of the late Robert Randall, to Lot 39, Front Concession of Nepean, and am to inform you, that your letter has been transferred to the Honorable Commissioner of Crown Lands, to whom all your pre- vious communications upon the same subject have also been transmitted. I have the honor to be, Sir, Your obedient Servant, E. A. MEREDITH, Assistant Secretary. W. L. Mackenzie, Esq., M.P.P. 167 ^o. 111. Report on Messrs. Mallnoh ar,^ n i. T.CO... . -ltt;t, ''»«''- '"^-^. Con. ■ine Uomrtussioner of Crown Ln 1 I port upon the documents submiTted jJT' *° '""J^^ * supplementary Re- eince the Keport of 24tl, An^ustt^ '"'' °^ ^^"''^''^" ^"^ ^^^"'>«'t " On the 2Gth Aiirrn^t -, M • '^ thenm Quebec, were procurecl/r;fch tLfo^fn ^'"'^•'"'° ^^"™ *''« Ottawa, ^ '; ' The undersigned do not nfflf . T ^^^"o^ving 13 an extract :_ ; ; jniq.uitous expedients which £ £>. '^"^'''",* "^ ^^^^ ""^'^ extraordinary and and Malloch exists, there is, on the olher hlf '^ ''^^^ ?" ^'^^ P'^^^^ of Kochester ; to be noted, a, 'he til L'vV dl'^S:™' I'a,!*^^^^ <<°»r'' '>"»- « -'Wng „e„ J irth to nnminw »!.-> ni «'«»wu irom the exnressmn in tu^ • • . h "The Scr how r ' rthauhe r .^-'""^ '^^ *^"^'""«^ the wX. ^^^^^^ ^^'"^^^ ;; and the Clergy Rerjv't n S e=e: " ""^'" '^*' ^"' ^ '«' ^o. 40, Richmond landing' as 39 in concession A „"'V'''' '^ ™"«^ 'adjoining the " with submitted. concession A, as may be seen by the sketches here- '; firsT'c^nc^ssb:; iWeV^nrn'To VeT ""% T^*'*"^^ ' P^* <>' ^ot 39, in the base their claim on the conTr^y asSn ^^^cm!." 'f "^"-"^^^^ (thoiigh the? '' transaction between themselve/r,Snri"i'^J? they have, in making a W ;; a certified copy of a memo L^T "^^^^^^^ distinction; in evident wheSo Rochester to Malloch, rec^istered hv tl '"• \u * '*''.'"^' '° ^9, concession AT by 11th August last, is hei-ew tttbrnitlT '"k'^' -'^'1''^ °^^« ^' %t<^^°, on the " scribed in a corre'ct and le^al mlnn^ toV ^°''5'°" " ^''' '' ^^ " The allegations in Mr m21wJ\ !? ^T °"^'' ''^''•'°'" '^ requested. " report alrea°dy submitted tfwhi-chfhl'r''' ^''•''- ^een sufficiently noticed in the ; unwilling expression ortheflct that th.°T'''7"'j: ^"^ °°^^^°S to add. but the " fZ-iveani precipitate condu^^ advantages were the result of of the Commissioner, in the coursp of nn il^ • ^ Department in the absence " Its proper moral government tTp^L .K "'' V" ^ ^^^ ^^J»olly inconsistent with " the By^own Ma|strer "L Thdr mem^iT'^' '" '^ ^^*^"^*^^ ^' ^^^^^ by : r '"^^' -" ;:?S1^^ ^^e s^uauers upon lot 39, con- busmess, prior to the time'Xu Sl?Mo.I n° '' • '"f^ '""'"'^ "^ Departmental " claim. '^"°" ^^^'' ^lalJoch acquired an interest in Kochester's fti 168 *' the memoriala of the Town Council of Bytown, of the Magistrates of Bytown, " and of the Lumber Merchants, which have been since referred. " Kespectfully submitted. «* JOHN ROLPH. " Crown Land Department, '* Quebec, 9th November, 1852." No. 112. (Copy.) A Memorial to be registered of an Indenture of Bargain and Sale, tripartite, made the eleventh day of August, in the year of our Lord one thousand eight hundred and fifty-two, in pursuance of the Act to facilitate the conveyance of real property, between John Eochester, senior, of the Town of Bytown, in the County of Carleion, in the Province of Canada, Yeoman, of the first part ; Barbara Rochester of the flame place, wife of the said party of the first part, of the second part ; and Edward Malloch, of the Town of Bytown, in the County of Carleton, in the said Province, Esquire, of the third part ; whereby the said party of the first part, in consideration of the sum of five shillings of lawful money of the Province of Canada, paid by the aaid party of the third part, to the said party of the first part ; the receipt whereof is acknowledged, did grant unto the said party of the third part, his heirs and assigns for ever, all and singular, that certain parcel or tract of land, and premises situated, lying, and being in the Township of Nepean, in the County of Carleton, in the eaid Province, containing by admeasurement, ten and a h^f acres, be the same more or less, being composed of the west part of Lot 39, in Concession A, fronting on the Ottawa or Grand River, which said piece or parcel of land is described as follows : that is to say, commencing at the water's edge of the River Ottawa, in the limit between Lot No. 38 and 39 ; then South sixteen degrees East, ten chains seventy links more or less, to the allowance for road in rear of said Concession, and in front of the first Concession ; then North sixty-six degrees thirty minutes East, along the Concession line, eight chains eighty-two links ; then North sixteen degrees West, twelve chains seventy links more or less, to the water's edge of the River Ottawa aforesaid ; then Southwesterly along the same to the place of beginning. To have and to hold unto the said party of the third part, his heirs and asssigns, to, and for his, and their sole and only use for ever; and by the same Indenture it is witnessed, that the said party of the second part, the wife of the said party of the first part, hath thereby barred her dower on the said land ; which said Ijidenture is witnessed by John Rochester of the Town of Bytown, Junior, Yeoman, and James Rochester of the same place. Yeoman, and this Memorial thereof is hereby required to be registered by me, the said grantor therein named. Witness my hand and Seal, the Eleventh day of August, in the year of our Lord one thousand eight hundred and fifty-two. (Signed,) JOHN ROCHESTER, [L.S.] Signed and Sealed in presence of (Signed,) John Rochester, " James Rochester. County of Carleton Registry Office. I do hereby certify that the foregoing is a true and faithful copy of Memorial number five thousand eight hundred and sixty-nine, recorded in this office, at the i/,..!! !8 of Bjtown, ROLPH. ipartite, made ight hundred real property, y of Carleion, hester of the ; and Edward aid Province, consideration a, paid by the ipt whereof is rs and assigns nises situated, rieton, in the , be the same n A, fronting 9 described as )ttawa, in the it, ten chains incession, and ninutes East, xteen degrees of the Eiver [>f beginning, and asssigns, ndenture it is 1 party of the Indenture is .n, and James reby required r of our liord iR, |_Li.S>J 169 hour of ten o'clock forpnnon ^r-arj , ' (Signed,; JAMES H. BURKE, Dy. R., * County of Carleton. Copy of AFFroAvm inaketh Oath, and saith ; That he was nS IT'",' !i"^*''' ^''•^*" M^™^"'^' """'ed, the said Memorial relates, dZsl^n^A' ^''JT'a ^°^ f'^ ''^ ^^^ ^'''J^"*"'-^ *<> which named John Rochester, a^d ffia Roohp«f '\ ''*' -"^ T^ ^^^^^--^^ by the said Edward Malloch the Grantee and ?h«tfr' ^u ""t' ^^^ Grantors, and also by of the said Indenture; and thlt he thi nVn? «"^7^^i°g witness to the execution s^rned and sealed b^ the therein nal^PiTV^^^ thereof, which said kemor al was ^Sedht\^'''Yu''''4. ^'"^"^' ^'^^ ^^^g^^try subscribing witness, and that bXa^KrunL^^eL'^Lf^^^^^^^^^^^ ''''' ^ '°*^- (Signed,) JOHN ROCHESTER, Junr. Swombeforeme atBytown,inthesaidCounty,this Eleventh dayofAugust, 1852 (Signed,) J. B. MONK, ' A Commissioner in B. R. of Memorial office, at the Mr. Commissioner Rolph's Report o„ W L. Mackenzie's Petition, for 39, Concession A, Nepean. "^iB^^^^^ltof^':^:. " '"' ^"«= "' «»»- «--^ f« Lot " REPORT « t^of HrSi:etnc;th?ro^^^^^^^^ '\'^T' *° ^«P-*' f- the -forma. « Randall, and accompan^yTng *° '^' '''''' '^ *be late Robert « CoLtslfn A^'of t'hlT''°°i- '''ixT^^' °" ^'^^^^ °f ^«"^«"'« Estate, to Lot 39 in '• of B^ rn° thich ts l^ed^°Th'^ ^^^ ^^^- ^^e Town « in th^ DemrtrnTlLdttol "/'^ ^''^ ^^?^°"^^' ^"^ ^''"^ ^'^'^ -^-^t-n « w««7w! -I '• . ^^ Rochester's case, it appears that Mr. Randall's lease " Trent '^^"'*'°°^ ^^''^"'''^ ^"'^^^^^'^ ^^^ non-payment of ill 13s iTd! «mI^n%rsi'ned?n'irr''ffl''T5'^^°" ^"'^^'^^ ^^. ^^^'"^ ''^^^^t^^ *«> «"d the ■ — ^l!f!!!^^L!!Cr^^!^^ require d for public purposes."* * Term of Lease from 1809 to 1830. Declared forfeited 182L M,&£j£U^; 170 « (( " Mr. Randall appears to Imvo submitted numerous petitions to be allowed to pay " the back rent, and have the lease renewed, both before and after the term to which ** his first lease extended, which, however, uniformly met with a refusal, on the same " ground, up to the date of his last petition, in 1833, viz. : that the land was re- " quired for public purposes. ''There is, however, a letter from Mr. Secretary Mudrrc, to Mr. Randall, of 6th " of February, 1830, whicii so far promises him a renewal of the Lease as to state, " by direction of the Governor, f that if it should not be required for public purpo- " ses, " His Excellency thinks that there will bo no objection to your Lease bein"- " renewed for the usual term." ° y It appears that Mr. Firth, who was then occupying an old Government build- ing on the " Richmond Landing " Lot (No. 40), where he then, or afterwards " kept a Tavern,— as indicated on the accompanying sketch, No. 1, — obtained per- *' mission about the year 1823 (being immediately after Randall's Lease had been " cancelled, but before the term of it would otherwise have expired) to occupy " without Lease, 39 in the first Concession, but was uniformly refused a Lease on " the same grounds, viz. : the requirements of the public service. " Mr. Firth, under his permission to occupy, afterwards disposed of his interest " in Lot 39, in the first concession to Mr. Rochester, and took upon himself also " to include Concession A, to which he, for the first time, made any pretension. " Mr. Rochester having improved Lot 39 in the first Concession, was finally al- " lowed to purchase so much of it as was not required for the public purposes : " But any claim to Lot 39 in Concession A, now under consideration, was at that " time denied by the Government. " It may be necessary here to remark, that the documents now submitted in " support of the claim of Randall's Esrate, indicate that the permission given to " Firth to occupy the Government Building at the Richmond Landing (on Lot " No. 40) was separate and distinct from the permission to occupy 39 in the first " Concession. The position of the various points adverted to in the correspond- '* ^nce, and the separate Lots, are exhibited in the accompanying sketch, No. 1, " being a copy of a plan by one of the Ordnance Officers at Bytown. Any refer- ** ence, therefore, to contiguity to the Richmond Landing can have no bearing on " Lot 39, Concession A. " It appears, indeed, by a Departmental Report by Mr. Bouthillier, that it was « recommended that Rochester should be allowed to purchase 39 in the first Con- " cession, but that 39 in Concession A, should be sold at Public Auction. Con- " trary to this recommendation, an Order in Council was passed, 17th February, " 1846, allowing him to purchase both Lots. But this Order in Council was re- " scinded by another Order in Council on the 20th June, 1846,— and both Lots " were ordered for sale at Public Auction, which Order in Council was coramuni- " cated to Mr. Rochester, who petitioned against it ; which was followed by anoth- " er Order in Council of first July, 1846, which ordered 39 in the first Concession " to be sold to Rochester at the valuation of the District Agent, but ordering " Lot 39 in Concession A to be sold at Auction, — thereby disclaiming any claim " of Rochester to Lot 39, Concession A. " Upon a further appeal f.om Rochester, he, by Order in Council of 25th Sep- *' tember, 1846, was allowed to purchase at the valuation of the Town Lots into " which it had, in the interim, been surveyed. The following is an extract " from the Order in Council last mentioned : —" In givinr: this advice, the Com- " mittee deny any claim of right on the part of Mr. Rochester." " Mr. Rochester did not choose to avail himself of this Order in Council, and on " the 8 th Decem ber, 1847,— m ore than a year afterwards,— another Order in + Major-General Sir John Colborne, now Lord Seaton. <( " Council was passed, orderiniT fi,„ t t " " "~"~ " — ^^ tu,„ ; which i. another ^d*'.X^rdLtl'^„'?^f''?i"' "'' '»''' " A- " Against thU Order ia CounnM M „ "f *'"•• Koohcster's claim. Order in Council ho woT p"™ £ "*''«""• "»"!» -PPeaW, and by another Order .n Conncil of -2,0, sfplS r 1817,^°'° "'^"'"■.'''"S '° «''« '«"»» "f 'ho „ I^«.. provrded ho availed hLclf ^^^ TV^ XrhetTt ^o? LT „;'o;Te\trir.:rrr^^^^^^^^ claim on the part of the petitUc "T ..V '''"^ *". ^''"^ ^''° »»^««n°° of any history of the past I^eparlental and Exe n' "" ''/'' ^'^''"'"«"* containing the recom,nendation. Upl,n this, an Order in crunoifV^;;' a"' '^''''^ "« P-^'^^l^^ own Magistrates estim'ate the value at fVooO Concession; but the By. Ihe Order in Council of 5th Auo-ust is'-^o L 1,1^.^ has never been communicated to AlT R.ll / ^' '"f^'?.*'*^ ^'^^^ Department, but «T Kotf r ^^ ''^^ ^^^f:::^i:^'' ^°"'^^^^ ^- ^— ;; the s^fe^^^ deposited with the Accountant " It is a frequent occu rcnce n T n '"^J''* *° ^^'' ^^-^hester's order. ;; these circuuiltanclr'^ASae J l\SS 'f "^^T^ ^^^ ^^^^^^ -^er payment to the Accountant in an ic ,tZ 't. ?l ? '" ^'■'^'' '" C*^""«''' '^"'^ « inent_ never has been, resarde^as 3 . ;„ ; ^f- '' ''",""S""'^ ^" ^^'^ ^«P«rt- -rnectr^rofe-fe-uS^ »«< no .nfficiant reser™ „°n U bcoi Se" for {Jr™'""'"'"'' "f t" «"^'"«/' "=e..a„to >^SC^^^-::i^l^^. onthe^re.rt^- ;:«th a^irx:hSf;„t,^r4t^rr^Ai ^7t T-"'? ='-'-' "■-' " herewith snbmittid from D MoL,.Min ?'"•' "" r"^'=''"=° "''^''of ^ '«"" " " Town of Bvtown nnd „n„ f, if , ''^',?""'"=' Member of Parliament for the " Province, am Treside„?^fi^? '*<> ?"'-^''i' ""'' "' ""^ »"==« Surveyors L ho " dum from Mr. sSve "VE, 1' "t"''"« f °'- '^"<^""'-. "H i« a MemoraS! " vigatiou on the Ol7a,vr,wX . i' /''""'"S"!? f==»™' "-d importance of the na- :Ba,!L"rLtU Jwtl^'Srer^tlFde"'"! '?'.',"'"' "••-» -""" '■"' he dispensed with , and ^^'itziT;^^;^!:;:^:'!^,.:^^^^^ 'A. I mm Mm «.fr i-t^^ii^i^iiTi'** 17« *' bability of a Canal passing through the Lot, the expediency of which is so forci- " bly maintained, it would bo a short-sii^hted policy that would deprive the public " of the means now at the dinposal of the Government for effecting it. " Under the foregoing circumstances, the Commissioner of Crown Lands felt it *' to be his duty to recommend that all preceding Orders in Council should be re- " scinded, and the Lot reserved for public purposes. " The recommendation to rescind the preceding Orders in Council is fully borne " out by the rescinding of several of the Orders in Council in this case, even after " they had been published and acted on — some of which orders, indeed, were rescinded " at his [liochcster] own request after publication, though affecting the interests of " others who had expressed a wish to purchase under them. *' It is proper further to observe, that the Squatters on Lot No. 39, Concession " A, (who as resident Squatters for a number of years, present a claim stronger ** than Mr. Rochester, who lives on an adjoining Lot,) have petitioned to be al- ** lowed to purchase at public sale the Town Lots which they have improved and ** Bettled upon for some years. ** The above details admit of a contrast of the relative claims of Boohester and '* the Executor of Randall. *' Rochester derived no claim through Firth, who never had even liberty to oc- ** cupy, or ever did occupy. Lot 39, Concession A, ; nor has Rochester put for- " ward any claim before the Government which has prevailed, or which has not ** lapsed at his own choice. , ** Randall was the original Lessee of the Crown, not only of Lot 39 In the first " Concession, but also of Lot 39 in Concession A ; nnd although under the rigorous *' application of the Law, his Lease was not renewed, on several applications *• from him, on the ground of the Lot being required for Public Service, yet he ** shews a letter of the 6th February, 1830, (this is the period to which his Lease ** originally extended,) from Secretary Mudge, stating, that if it should not be re- " quired for public purposes, " His Excellency thinks that there will be no objec- *' tion to your Lease being renewed for the usual term." " On the part, therefore, of Randall, it may be observed that up to a recent '' time the Lot in question has been considered as in whole, or in part, necessary " to be reserved for public purposes, and is now wholly so by the accompanying Re- *• port from the Department of Public Works ; and as he [Randall] has never been *' informed of any intention of the Government to give it up as a public reefirva- " tion, he, or his Executor, has had no opportunity afibrdea of hitherto availing ** himself of his claim-through Secretary Mudge's letter. " It is, therefore, submitted to the consideration of the Council, whether, if the *' Lot, or any part thereof, should be, at any time, alienated from its purpose as a " public Reservation, the Executor of Randall has not a claim deserving of consid- *' eration. *' Respectfully submitted, « JOHN EOLPH. *' Crown Land Department, " Quebec, 9th November, 1852." mcnts. mm 173 ih is so forci- fQ the public Lnnds felt it should be re- is fully borno ie, even after 'ere rescinded e interests of , Concession aim stronger ed to be al- nproved and loohester and liberty to oc- ster put for- hich has not 9 m the first ' the rigorous applications rvice, yet he ch his Lease Id not be re- be no objec- I to a recent rt, necessary ipanying Re- is never been iblic resdrva- erto availing lether, if the purpose as a ing of consid- EOLPH. No. 114. To His Exccllcnc}-, &e t n Thohumblorctitlonoffi.n , In Council. etU.on of the undcr.gnca Household.., i„ the Town of Rytown ; That your Petitioners have l.oon r "i^si-ectfully shkwkth i 39, Concession A, on the (Wv ^.^t" ^'"'T^ '''''^'^^ «» Vortlom of Lot No. Carleton, now .urveyod into T^. , "i ^f 7';;'"'' "^' ^^'"^'^"' "> ^''« County of of such portions when the Govcrnmen . .: '. > " V'^ .""^ hcconuu. purchasers into market. ovcrnmcnt nught be pleased to bring the said Lots no tem^rrbitVeeupa,^^^^^^^^^^ on these Lots, but having recognize as pre-emptive, they felt no ,^1° Government might be pleased to nien ts, as the extent of their mean "is ina^^r"'"' •", 'y^'' °^ «^«<=* *«"«. Petition. "'^""^ 13 in accordance with the necessities of theii their Vl.!i',°>'',r™7«'l ^ot. conlainod in Lot No. 39, Jcrs in Council for the sale v.v,w^c»3ion j\, uttawa Front, TownsI.In nf' >J , ^^onimnea in J^ot No. 39, may obtain titles, to enable hem to cLmWh^' '"' '''^''''^^' ""' P"'-«hasor8, they right of Citizens in the raunaoc.i^nt oMf.n ' • '".' ^";P'?^«l"cnt8 and acquire thj And your Petitioners, as ia d^Ubo . " If! 1"! ^'^^"'-^ ^^--^ ' (Signed,) DENIS >< DERSEY, mark. TIMOTHY y, MURPHY mark. ' CON DEMPSEY, CORNELIUS '>? CROWNEN mark. ' KICHARD y, PHILIPS, mark, her WIDOW yi HICKEY, mark. ■r,.^ his EDWARD X ALLEN, m^rk. his KICIIARD H CLEARY, mark. MARTIN >< BOTHWELL, mark. (Signed,) « his PATRICK X MALONE, mark. _ „ his MICHAEL X KELLY, mark. ••„ hia MICHAEL y HORLY, mark. ^ hia PATRICK X TOWEY, mark. MICHAEL y, COSENS, mark, his EDWARD y CORGAN, mark. JOHN y PURSEL, mark, his JAMES M MALONE, mark, his JOHN y DORAN, mark. Subdivision, No. 39, Ottawa Front. Nepean. m Lota l„ which reference ia made iu thia Petition, .« tho« cWmed by Mr. 17* John RochcBtcr, nnd who hns on several occosioDfl brouglit the subject under the considcrotion of tho Government. Since tlio Order in Council, of tho 14th February, 1848, on It being mado apparent tliat Mr. Nicliolas Sparlis' claim could cover only ii few of the LutH, tho Agent of tho Department waa instructed to oH'or to Mr. liochcHtcr tho renuiindcr of them upon tho terms required by tho Order in Council of the 28th of January, 1848, to whose reply to Mr. l)urio reference is requested. — [I8th Fel)ruary, 1840 — 22nd Juno, 1846.— let July, 1846.— 2oth Scptombcr,l84G.— 28th January, 1848.— 14th February, 1848.— 11th March, 1850.] Mr. Rochester again addressed tho Department on the 16th February Inst, and in replying to his letter I called upon him to state distinctly whether or not ho intended to avail himself of the permission to purchase, (allowed him in September, 1846, and January, 1848,) otherwise notice would bo given that tho Lots were open for sale to any one desirous of purchasing. To this letter a reply has not yet been received.— [28th June, 1850.— 21st February, 1852.] Under these circumstances, and it may be observed that Ilochcster'a right to the land has always been questioned, it is recommended that the prayer of this Petition be granted, by notice being given that the Lots (with the exception of those claim- ed by Mr. Sparks) arc open for sale at tho prices approved by the Order in Council of 8th December, 1847. (Signed,) JOHN ROLPH. CaowN Land Department, Quebec, — June, 1 852. Since the above Report was made, the Commissioner has had reliable information that some of tho numerous Squatters upon the Town Lots on Lot 39, Concession A, of Nepean, are very good industrious people, with considerable improvements, and with tenements as comfortable as the circumstances would permit. (Signed,) JOHN ROLPH. 9th November, 1852. No. 115. Petition of W. L. Mackenzie, relative to Lot 39, Concession A, Nepean. Quebec, November 12, 1852. To His Excellency the Earl of Elgin and Kincardine, Governor General of C" nada, &c. &c. &c. In Councii. : The humble Petition of William Lyon Mackenzie, Acting Executor to the Estate of the late Robert Rand\ll, of Chippewa, Sheweth : That since your Petitioner's hht r.^-^cal to ihe justice and equity of Your Excel- lency, in the matter of Mr. Ra iali'. 1 eytwe, Lot 39, 1st Concession, Nepean, in the Ottawa, and Lot 39, Concesion A, in said Township, he has been permitted to see certain papers, from which he has ascertained : — 1st. That Firth never petitioned for leave to occupy the brolcenLot, Concession A, numbered 39, (also a Clergy Reserve,) but only for a License of occupation of v.. 39, in f Govern 2nd. Lot 39, 3rd. verso po sion of t Licuten niigiit hi (Randall nicnt, aa 4th. 'J Malloch 1844. 5th. 1 in tho fir that Lot though ti Your] 1st. t; Concessii 2nd. I keep poss 3rd. T eided, thi 4th. Tl 39, Concc 5th. Tl perty on t iron; that appended 6th. Th nufactured 7th. Th Courts an( (See : (See J (See! ' *i. Thi l^«, 3 thui (See I 9th. Tht alleged deb Court, that creditor. (See a] Tria 10th. Th tice done to (See a[ whei :t under the being inado lie Lutfi, the 10 rcninindcr of January, jry, 1840 ury, 1848.— iry Inst, and 3r or not ho September, t8 were open not yet been riglit to the this Petition those claim- !r in Council ROLPII. s information , Concession iprovements, ROLPH. V, Ncpcan. 12, 1852. icral of C" CouNcn. : 3utor to the Sheweth : Your Excel- , Nepcan, in 3n permitted :, Concession 2Cupation of 175 V. GoCrn'nl?"""''^"' "'''°'' '^''' K°<=''«ter ho- obtained since by^purchai^o from' I-tt;!orpt;:STus^ require-certaln parts of the broken vo;::'.^;!:^:;:;;;';^;^^^^^^ boon no nd. sion ohho broken Fron' ^ "^'' ""^7, «PP 'O'lfor it j Kundall wa« in nosscs- Lieutenant Gove no C ulC^^ TH '''^'■^^''•""^ ' ^^'"^ asnuL by n.igla have it, payin,^ arre.^^^^^^^^^^^^ ^'"1^=.'' for public uses ho (Uandall) (li«ndall'H)namori1^Xu^^^ J^c««o ; and that hii -cnt,,l, Lessee ;u^d'r;:,tt^,^ ^^-'^ ^^^ ^'- ^ovcrn- Malb^h^nl t^ScTerTatrtfiw:"^^ ^ V^'^'^" ^'^-"*' -- ^^cssrs. 1844. ' ""^'"-^t A^ochcatcrshrstapphcation was only made in that Lot, to l{„rl,e,lo;, inS,. b oC [o 39° I J!," ''•''■ "^'?"^ " ""'■ '» though to it ho novor had any right at „"l ' •"°°«""»" ^> "' "'» "><=. al- ^rTW i!""" T' T^^f^^'y «"•>"!'» to r„„r E«dle.oy:- cot..i™.'a;;dT9:i!;"tolrr'°°''°°°°"'^»°"'^^ 3». - >•' cid't th'etra'A'To^LTo^tnlir '"''' '"'"= '"""'-^ '» P"""" -- «» T- 39'co„lto"„T° ''"' "'""'"" '"" •'""" "'"'- I--™ »■■ °-P»"t of broken Lot (bee 1 of page 1, of appended Petition.) (bee 2 of page 2, of do do ) (bee 9 of page 19, of do do ) .'»: ';.!!;: ta'-to-Sa"" -P--"'«'^'»G-c™mont, i„ E„gland, tho i„. (See page 21, of appended Petition, where iiiaited 10 ) creditor! ^^'"^^''^^"^°*''^^'*^" P^^P^^^^^ detained from him'by thlt (See appended Petition, page 25, where numbered 12.-Sec also Reoort of Trial-Messrs. Rolph and Baldwin for Defendant.) ^ ticrdJne^to'Rin!l^r''"f *° ?''''' ^,°'*^ Dalhousie, fully satisfied of the Injus- tice done to Randall, vainly endeavored to aid him In the recovery of his riVts 176 lltb. That Messrs. Beardsley, Rolph, Eobinson, Bidwell, and Mathews fully investigated the charge of injustice clone Tianilall, in 1828 ; and after examining all the parties, reported as ia the annexed Petition. (See printed Petition, page 7, number ; also, pages 8, 9, 10, 1 1, 12.) 12th. That said Committco reported the JSill forKandall'a relief, a copy of which is printed in page 14, of appended Petition ; and that that Bill passed the Assem- bly. 13th. That another Assembly pa?!sed the Bill, numbered 6, in page 15 of ap- pended Documents, by a vote (page 16) of 31 to 2. 14th. That a third A aem'jly appointed a Committer who reported as in page 17, of the appended Petition, where marked 7, unanimously, Mr. Thorburn being Chairman, but the Bill to give Kandall's Devisees (for h-^ had died) a remedy, was lost in the Legislative Council. 15th. That the small lemnant of tlie once extensive possessions of a deeply in- jured man, which are yet in the hands of Government, <5an now be restored to his legatees without injustice to any one ; and your Petitioner humbly submits that, if the facts are as stated, they ought to be so restored, with the least possible de- lay, save and except such part as the authorities may reserve for public uses. 16th. That a few months before his decease, namely, in 1833, Robert Eandall petitioned for the last time that his Lease of the broken Lot, say 39, Concession A, with Lot 39, should be renewed, and that no other reason was alleged for not oomplying with his request than that it was " indispensably necessary to the public *' service." Your Petitioner seeks no part which the public may require, only the residue. 17th. That Messrs. Firth and Berrie were Robert Randall's tenants on Lot 40, until, when driven off by Sherwood and LeBrcton, they prayed, first, 'or an acre of Lot 39, by License of occupation — then for a part of 39 ; but never for any part of the broken Lot in front of 39. For it Randall was the first Lessee^ the only Lessee — the first applicant — the only occupant, and under all the circumstances, enti Jed to the right of pre-emption in equity and fair dealing. 18th. That by the Documents received by your Petitioner from Isaac Firth, last October was a year, and n-liich have been sent to the Crown Lands Oflice, it is evident that he did not petition — or intend to petition— for the broken Lot 39, Concession A, but only for 39, the whole Lot, ia 1st Concession. 19th, That by Isaac Firth's affidavit of the 13th July, 1846, it appears that he fell into the error of considering 39, in Concession A, as belonging to 39, in 1st Concession, whereas, in fact, the Lots were distinct and separate. 20th. That it is evident from the Minute in Council of June 22, 1846, the Order in Council, 25th September, 1840, and the subsequent Advertisement of Sale, da- ted January 4, 1848, that the Government of that day considered that Mr. John Rochester had no claim whatever to broken Lot 39, Concession A, in Ncpean. The Government in their Order in Council, September 25, 1846, remarks that :— "With respect to the broken Front, it does not appear that Firth ever made any " application for it ; and this portion of ground is not ever mentioned in any of the ♦' papers or correspondence until he assigns his interest to John Rochester, where " the broken Front is mentioned for the first time." A charge is made in Rochester's Petition of February 8, 1 848, against " the In- " spector of Clergy Reserves," namely :— that he attempted fraudulently to possess himself of said 39, Concession A ; and reference to another Inspector is made for proof of the said : this feature in the case Your Petitioner is unable clearly to un- derstand. Messrs. Egan and Aumond value the Lot at 40s. — certain Government Officers at 50g.— and Mr. Perkins at £15 per acre. (( 177 itliews fully xamining all ), H, 12.) opy of which the Assem- 3 15 of ap- as in page irburn being remedy, was I deeply in- tored to his Libmits that, possible de- : uses. )crt Randall Concession gcd for not to the public re, only the on Lot 40, 'or an acre • for any part 10) the only rcumstanccs, ac Firth, last Oflice, it is :en Lot 39, ears that he • 39, in 1st 16, the Order ; of Sale, da- t Mr. John in Ncpean. arks that : — !r made any in any of the tester, where nst "the In- tly to possess is made for learly to un- Governmcnt " have 'ocen rcsortecl^o '^o rpducllfrf ' " '^'"'''"° "'"' " ""Ouitons oxpejiont hands of^'rour Excellency ' confidently leaves the matter in the ^^^^^!SZt^^^7^::i^^ of the said thereofas may be required r the nnb It -'^^^^ ^' "-^^^I^* «« "»"ch Lot to the TetitioSTtrus for Tl?o il ''•'^^'^'^ '/"^ t«f «nt tl»e residue of the use, to be dispo dTf as t e est of^^a ?^^^^^^^^^^^ ^^^ *« '^'^^ der his Will ; or to adorn npTnfl ■^\^ '' ""'''^^'^'^ ^^ ^"^ disposed of un- in C.aneil shaCm'g^^d'f^^t^Xr " ''' ^""^"^ " '' ^^^ ^--"-cy And Your Petitioner, as iu duty bound, will ever pray. (Signed,) ^Y. L. MACKENZIE Acting Executor to the Estate of the late Kobcrt Eandall, Esquire. No. im. \_Nothing appears under this number in the manuscript.^ " There was no recognition of Randall's claim at that timp TT. ^ « ^ , wronged, but the Act was legal, and they had the pou^r." '' "' """" ^''^^y c. TV .1 , S^^^^T^^^-'^ Office, Quebec, 3Ist December, 1852. ci^f^'Z^^^'ZtTtririn-^ your letter of the 24th instant, re- require relative to /o'ur Petfti^n on tf "e Sj eToT I^SXn L^V^' in th^"/ °" cession A, Nepean, Ottawa Front. -L»ioi^en l^ot o9, in the Con- dirTS'lSl'Sr^' ""^ "■ ■■*■ '° "'"' "«""■ '- '"y "'f--'- you „ay I have transmitted to him your communication of the 24th instant. Ihave the honor to be, Sir, Your obedient Servant, W. L. Mackenzie, Esquire, M.P., ^' ■^- ^^^^^^> Secretary. Toronto, U.C. (Copy.) Crown Land Department, Quebec, 10th Januaty, 1852. Sir,— In reply to your letters, inquiring M-hat action has been taken by the Government with reference to No. 39 h\ Concession A, Nepean, I have the honor to inform you, that it was clecidcd, by Order in Council of the 24th of November, to grant a Patent to Mr. llochester or his assignee," containing a reservation of that part of the lot required for public purposes, and a reservation of one chain and a half in width from high water mark along the whole front of the lot ; but the issue of the Patent has since been suspended, by Order "in Council, of the 20th ultimo, with view of ascertaining if he will accept of it on the further understanding that he shall have no claim upon the Government, in the event of its being hereafter decided thatany of the tracts as laid down in a survey (dividing the land°into Town Lots) made in 1846, are -vested in the Corporation of By town. I have the honor to be, &c. fSigned,) JOHN EOLPH. Wm. L. Mackenzie, Esq., M.P.P., Toronto. No. 117. Mr. Commissioner Rolph's Report upon hearing the Randall Case by Counsel. REPORT. ^ The Commissioner of Crown Lands has the honor to Report upon the applica- tion of VV. L. Mackenzie, Esquire, M.P., to be heard by Counsel before His Excellency the Governor General in Council, upon the Claim of the Estate of the late Robert Randall to Lot .39, in Concession A, of Nepean. ^ Mr. Mackenzie's^ letter, with reference, was received in this Department on Saturday, the 13th instant, and as the request contained therein peculiarly affects the privileges of the Executive Council, it is with great diffidence the Commis- aioner would offer any opinion upon the subject. Ab, however, the reference of the application to him would seem to call for an opinion, the Commissioner would respectfully suggest the propriety of hearino- Mr. Mackenzie. i i ./ o Respectfully submitted. „ ^ ^ JOHN ROLPH. Crown Land Department, Quebec, 15th November, 1852. Further Petition for delay just received, and also submitted herewith, to a Committee of the Executive Council, 15th November, 1852. Referred ( Vide Report, 24th November, 1852 n V 179 r, 1852. :en by the the honor November, Ion of that hain and a t the issue •th ultimo, nding that hereafter into Town )LPH. ndall ! applica- sfore His ite of the tment on rly afFecta Commis- all for an iring Mr. •LPH. Keferred No. US. ^'^''' rofn'nn ' ^r'i "/ " C^^^ittee of the Honorable the Executive Council on Land Applications, dated 24th November 1852 an rZ'aal "'"'' ''' Governor Gene JLcoundUntf; miSo'nSTfl;"::: L^^^^^^^^^^^ Si" A^" consideration the Eeportsof the Com- Petitions of John liocLster In E^^^^^^^^^^ and 9th November. 1852, on the the latter date on the Petition nf Wrir t °'A' f ''l"''^' ^°^ "^^^ ^^' report of onltnlT::lTJr:T^^^ r^*-"*° ^^^^-ts andcir. missioner of Crown Lands and the Pp U"""' ''k'' ^'''^ '" !^^ ^^^P°^'^ ^^'^^ Corn- reasons to induce therto Stt from o"' '^°''' ''^T'^ *"' ?° "^* ««« «"ffi«'««t in Council on the 7th Auc^ust ig. ' "U'^''; recommendation which was approved nervation of one chain and an fIn'Sfff ^''^T '"^ '° ^"'" ^^ '"^^^^^^ ^^t^^e re- commend should be retahied nlnL +J, V iT ^'=5 ,''''''*^'^ «'^''^^'' ^^ich they re- lot reserved by the DeDartLlt ?f P lll^° wT' f^^' ^«*' '^^'^ *° *hat part of the re8ervations.7herhum&7adv^e tha^"a Patlr- ' ''7"iJ^° TT^^^' ^^*h ^^><^^ fiignee for the lot in question ''"' *° ^'- ^^o^hester, or his As- Certified. WM. H. LEE, Assist. C.E.C. No. 119. Second Memorial of the City of Bytown, 6th December, 1852. To His Excellency the Right Honorable James Earl of Elgin and Kincardine K.I., Governor General of British North America, &c.! &c , ^^c ' The Memorial of the Town Council of the Town of Bytown ; ^^ ^°'^'''' Humbly Sheweth : T T"""' 'J"o '""^ ■'^°' ";"" ourreyed by order of the GoTernment in 1846 infn CU^ x^n^le e o-.''''* '"'^'"''•™'> '^'"' T*'" ^-^ »'™ boundaS./. ^d"? °e £X upon tne=e ouuuts were advertised lor sa e in the " Canada fJn^Pffo Tc^o n^ • i r'^^^^d'-'ttMl"""^' '''V f''i *'^ ^^^^"^ «^ PretondeTdalm'lX^etLTha?^^^^^^^^ of fW ; ^V f '^''°^ °^S' ^^''^'*' '« ^^^'i «»t in 1846 was the original survev of that part of the Town of Bytown made under the authority of the Government^ 180 cand that the said Streets arc lawfully established highways under the Statute 10 & 11 Vic. cap. 43, by which the Town of Bytown, including that said Lot, was incorporated, and by tlic Statutes 50 Geo. Ill, cap. 1st, sec. 12, and 13 Vic- toria, cap. 35, see. Sli, and 13 and 14 Victoria, cap. 15, sec. 1st, arid by other Sta- tutes of this Province. That it does not appear from the facts of the case, which in Bytown are known from personal observation and i.iil>lic notoriety, that a rigiit such as that set up can exist either by pre-emption or otherwise ; and your Meinorialists cannot be deceived aa to the fact that the Lot has not been occupied or improved or in any way in- creased in value by the parties now claiming aright to it, neither is there any visible thing that could be construed to constitute a claim in that behalf of any kind what- ever. That it is matter of public notorinty that the said property, which is now worth not less than five thousand pounds, is being parcelled out amongst those exertin^ themselves to obtain it for the nominal claimant, one person havin"- already regis" tered a Deed conveying ten and a half acres of the most valuable part of it in fee simple for the consideration bf five shillings, a certified copy of the memorial of Avluch deed is herewith transmitted. That Avhile your ]\Iemorialists regard vested rights as being peculiarly sacred and entitled tobe held inviolate, they believe that unless there is evidence of the exist- ence of a right, It should not be presumed to exist on the representation of interested parties : And it is notorious that in relation to this case a Petition on behalf of the claimant in question has been signed by parties not belonging to the place or neigh- bourhood, who could not have had a knowledge of the facts otherwise than throutrh those who solicited their signatures. " That the sale of the said lot at a trifling price to an individual having no just right to It would be a grievous public wrong that could not be sustained on any proper principles, and could not fail to produce disagreeable consequences. That to your Memorialists it appears absurd to suppose that any individual can have a right such as that set up in this case as it was not by the labor, the cost, or the enterprise of any one in particular that the said Lot became valuable ; but by the collective energies, the collective costs, and the collective enterprise of the citizens or Bytown. And your :Memorialisi3 further beg to represent that in that part of Bytown there are not, excepting Streets, any grounds reserved for public purposes, thou-^h there i» especial necessity for such reserves, that being the only place where the Eiver can be easily approached, where Lumber can be landed, or where water can be conve- niently obtained from the Ottawa River: And they, therefore, humbly pray, on bchalt ot the people of Bytown, who alone possess a pre-emptive right on the said Lot,— that the Town Council of the Town of Bytown may be allowed to purchase that portion lying north of Ottawa Street, extending from Ottawa Street to Ore»tration, disclaiming"th» Order in Council ll,ermnS-,l? a ° 'T"' "' *" D^P-rtment of tho 4th?and 9th Nov.ro7Soe SA ,,;d oJS' ' "■VfP«°f 2** August; therepo'rtof mis.i:n';::u'ldtX'rt;^^^^^^^^ "IV'i V^^ ^ ''''' ^'^^^^^ < *^« ^om- "upon application to t/erSnlat^to?^^^^^ Lots were advertised for sale, there may be a qu -stion of kw L^i •'] ^ "^^'f > S^ven day, at stated prices, lots and t^cnder of" the prioo L l^Tnt 'f " ''a'^''^^'' "° *^« occupation of the chase may not have accn "d'ii resn ct t^!^^^^^ ^ J^S^^ "ght to pur- would include the streets ZlhLr ? •^.''^'' "" ^°""''^ ''^ ^-^^h Nov., which 84 182 epectfully to submit for the consideration of Hia Excellency, in Council, and awaits further instructions from the Government. ' Crown Land Department, Quebec, 15th December, 1852. Endorsed, *< Beferred to the Attorney General." JOHN ROLPH. M. C. P.E.C. No. 121. Copy of Order in Council, 13-14 December, 1852. On the letter of the Attorney General for Upper Canada, dated 13th instant, stating, that on reference to the Order in Council, of the 7th of August last, made in relation to the Petition of John Rochester, to be allowed to purchase Lot No. 39 ii.;? r*/Tl' S^T'''°"/' °f,*^® Township of Nepean, he finds that it was directed that the Order in Council of the 28th Februarv, 1848, in favor of the applicant, be carried into effect, and that he be permitted to purchase at the rate of ±itty shillings per acre, with interest for that period ; that on referring to the Order m Council, of 28th January, 1848, it appears he was authorized to purchase at the valuation of the District Agent ; and further stating, that as it was the inten- tion of the Committee that Mr. Rochester should be allowed to purchase at Fifty shillings an acre, with interest from 28th January, 1848, the Clergy Reserve In- spectors having valued the Lot at 40s. an acre, in 1844, without improvement, he would suggest that the Order in Council of the 7th August, be .o amended as to leave that portion of it which refers to the Order in Council of 28th January, 1848 and It would then authorize the sale to Mr. Rochester, at the price of Fifty shiUinirs an acre, with interest from 28th January, 1848. J h The Committee recommend that the suggestion of the Attorney General be ap- proved and carried out. j f Certified. (Signed,) The Honorable the Commissioner of Crown Lands, &c., &c., &c. WM. H. LEE, Acting C.E.C. City of No. 122. Report of Committee of Executive Council, on Petition of Bytown, of N. Sparks, &c., SOth December, 1852. F.xtract from a Report of a Committee of the Honorable the Executive Council, on i.and Applications, dated 25th December, 1852, approved by His Excellency the Governor General in Council on the same day. IS.'J I, and awaits iOLPH. D. P.E.C. ith instant, : last, made Lot No. 39 that it was ivor of the the rate of ) the Order purchase at the inten- le at Fifty Reserve la- vement, he nded as to iary, 1848, ty shillinga eral be ap- C.E.C. ^-^2^e;rlttltt^^^^^^^^ '' ^'^? ^r f ?^*^-' '^'^^ 6th Deer. 39 in Concession A, Ttl eTo ' "in'n o V^^^'^ '"\' *" ^I^^" Rocliester, of Lot No by order of the Go^." ment^ 84^ i t^ ^^1 of ' l' /"^ ^'' ^^'^« ^--3^^'^ and marked by stone boundaries Tha?tl=^ '''"'^i '*'''^^'' ^'cgi'lariy laid out and that the streets so iuid out a 4 Wullv TZ7 T m -^^ "'"' *''° ^"S'"«I survey, «nd 11 Vic. cap. 43, and oti"cr h 2« oftt P "^ lHgh^vays, under the Act 10 that with the exception of su h sh^c f tt ^1'°'?- ' ' , '"'^ ^""''^'^ representing, grounds reserved Ibr public purnoscs.rn '"'" "°*, ^" ^''^^ part of Bytown any purchase certain portLs hS Sti'lf %']? •'"' /'^^'V^'"'^ ^' P^^^^^tted to £5 per acre ; and, ' contaming, exclusive of such streets, 9^ acres, at lot^tSgel'Jtith The S';Xt?o&rnr • ^"°" ''' 1^ '^ ^^° «^°- -"tioned pectively, dated 15th instant Commissioner of Crown Lands thereon res- V^^t^^^ -e of the Patent be sus- accept the Patent on the understand nttW Cl uT'' ""^ ^f ?'-t«i"i"g if he will vernment, in the event of its be in" hfreaftl ?1^ '^"^"^ '''"^^"^^ the Go- out under the said survey, are vested in^^^^^^^ that any of the streets laid also be intimated to Mr KochesSr that t 1^7?*'?^"^ ^3'*^^^^" ' that it should assent to this arrangement of Mr Molltl ,'°" ,^ ^*^, ^'^^ '^"^^ time procure the under Order in CouneS oSd June fsL T I' '° PV'i''''''^ *= '■»» '"M °"t tbot the Agent of the Commissioner of r.f' r'^ ^ wjthdmwn from sale, and that effect, ehonld it be ae™»™ '™ ^''°''' "' ^^'o™' •>« i"»tructed to Certified. To the Honorable The Commissioner of Crown Lands, &C., &G., &Q. WM. H. LEE. No. 123. Sir -A p^,..^^7^''^/^^^^ep^h™ent, Quebec, 24th December, 1852. Str'eSs, a'^la^ r:;. ^°Se trv^vTf L^t X'sf •^?°^^'°' -pre-nting'that the in 1846, are lawfully establishedXl™ ^^^ ™^d« and other Statutes of the Province; "hS been undet the It' 1 ^l-' ""?• ^?' Governor General in Council, on the 20th'instant consideration of the uni'rlnlttlnt vo"^^^^^^^^^^ "'" "^"f^Vf ^'^^^^"^ ^^"^ the Lot, on the being hereaf^/'^cS U a a J o t' StS" ' l^^t I^^^'^* ^" ''' r"' ^' 'ts nested ,n the Corporation ot Bytown, and you are at the same time required lo 184 procure the assent to this arrangement of Mr. Malloch, and all others to whom vou may have disposed of any portions of your right in the property, and whose assien- ments are registered in this Department. i i J'» "'" wnose assign- I have the honor to be, Sir, Your obedient Servant, Mr. John Rochesteb. ^^'""^''^ ^^™ ^^^I^«- No. 124. c- rr. ,T ^"^^'^ ^^^^' Department, Quebec, 24th December, 1852. ^3lr,—Ihe Memorial of the Town Council of Bytown, dated the 6th instant objecting to the proposed sale to Mr. Rochester, and representing that the Streets Tslfi alT 7 1^ ^r.Vl1 fe?V^^°- ''' '" ^^^"'^^^^•«" A, ot^ Nepean! made ?„ 1846, are lawfully estabhshed Highways, and praying that they may be permitted acquire a certam portion thereof, consisting' of about nine and a fourthTc s mrLtan". " «o°«ideration of the Governor General in Council, on th^ I have the honor to inform you, that the issue of Patent to Mr. Rochester is to be 3d Ir/' .' ^V ,^'? ''''^'r'"^ whether he (and those clawing u„5 him) would accept the Patent upon the understanding that he shall have no claim against he Government in the event of its being hereafter decided that any of th^ Streets laid out in the said Survey are vested in^he Corporation of Bytown. A letter has, m consequence, been written to him to that effect. I have the honor to be, Sir, Your obedient Servant, ■R w c T. . ,, (Signed,) JOHN ROLPH. K. W. bcoTT, Esquire, Mayor of Bytown. No. 125. Q. V -n ?.''''''''' "^^'''' Depautment, Quebec, 24th December, 1852. coir: i:Xr;iS^kt saz^'- ^s^^^^' ■- I am, Sir, Your obedient Servant, Nicholas Sparks, Esquire, Bytown. (Signed,) JOHN ROLPH. 18^ whom you hoac ossign- JOLPH. er, 1852. jth instant, the Streets, an, made in e permitted urth acres; ncil, on the iter is to be under him) Q no claim any of the town. OLPH. r, 1852. Jeration of No. 39, in 3ter. )LPH. No. 126. Sir,-Tl. PetitilTfyotd'and n^r'^'u'^'""'^' '"''' ^^^^b-' 1«^2. ec^on^ Nepean, havi^^^^ltrr S^^^e^ ^^ J- No30. m ^. oW^^^'JSr CS^^ar?!^^^^^^ ^-^ - ^« or such „ I am. Sir, Your obedient Servant, Mr. Rxcn.nn C.e.hv, Bytown. ^'''"''^ ''''''' ''''''^''' No. 127. Sir,_I have the honor to nolrnn^ i i .u ^^"^o^^^' ^th January, 1853. ultimo, and in answer t^thlfir^r^^^^ '"'^"^'P* «f yo"-" favor of the '>4th Patent, with the unTerstandin^lirKa;, f"''^' ^V'?^''"' \^«"''» --P* ^t- the event of its being hereafter £ded that arnr.1.''''? '" *h ,««vernm'ent. in C:^^^^^^^ -, i„ ContlL^^: Vein: ril^elteT^Jedt tt J^^^^'^^l^n?!^!;^^^ shouKI accept it with this understanding : and'Vh^VVbV V.Pnwr'^r'''^^''^'^ ^^""^ ^ «^°"'J accept it with the same time thai I would hTveae^^^^^^^ •' ^^ ^i'' I niay r'emark It )lace,buttheLotis3lii'^„!S!^^^^ the first instance as the survey took place, but the L 718 coSl^^^^^^^^ the first instance as the ttf^pe^tlt ;;therorSdL%t rtK^^^^^^^^^^ --'^^r Jt has been fur- mark along the whole front of the Lot bn 1 it T i" ""'i^^ ^'^"^ ^'S^ ^^"^^^ « required for public purposes " ^'^'' ^""^ ''^'o *^^' P^rt of the Lot adviste^^^ 31 acres. This I that the Board of Works havr-ir?.^ht<-nl^ require, but contend respectfully which they can do withou^the slS s in rv^en.^ for w^.^ ^hey require. an5 pomt out to the Honorable Mr. Chabot '"'°'''^^"''°°^ *« themselves, which I can thel^sTcri;?;;^^^^^^^^ SeZ'; '^f't? ?-rd of Works by letter officially through the 30th Marct me! reseCd whTST"'' '• ^["^'" ^f"^^' ^^'- ^^outhillicr, on an acre, and which I tinted red on l^^i '''^?^''^ "''^"^^'>^' '^^ '^''^<^ quarters of take three acres add iS I cannot st.Pi'-'jK^ transmitted, why they should high water mark, I hVmb y coZler a^nd T^7^'Vu °"' ""^ "" ^^^^ '^'^^' ^om the Government'hasthe%ht Jo wi hhofd ml pT„f ""^ ^ ''T '^'''' °^ ^°"^«° they please, but I deny their ri^hT I Wv^r f ' .1 *° ™«ke any reservation not to consider me, eitir as ungraieL oruniasSle^ T"-f\t' ^'"^'^^.^^^t made, it will be tantamount to withholdinrfrom ,! Z, ^''' ^^^'^ reservation is 186 fnT.r fr' ^°"t;«l«'."^y «^vn property, tl.cr.l.y leaving, it optional for any nerflon to buUd d.g oroU.orw.so trosi,a«sou the par' roirvo.l, i^.Jope.ulcnt otlne ^ ^ water covers af ut 1. or 1 7 aeJoMrtht':,; Ih o/a^ ^^^HrS'^i'^S' wZ'y;"' '.•'•'""'' ''""'^"-^ *" ^•^^'''^^•« ^''« (Jovornnu..nt torn any pre onS Ii^:::;So''ofSp;^^r^"'"^^^^^ withrefbrenco to ti^iiaSi;! Trifli' ''?f ?'.* '^ '' "^'^^^^•'^••y ^^ ""^^<« 'I reservation for the use of the Lumber over the liifj Ivettle; and since the slides were made, everv stirlf nfflml^n,. on.! i even the cooking utensils have been run through'tt sHdi; on the cdbs ' ' ' The lower part of Lot 40 and 39, have been open as a common for these twentv years past, and mus no doubt remain as such for\ wentv years to come and tcTurt^ thV?nh kT .^T"''^ ''r° ''""'• '^'''' ^ ^^""^'^ ^'>"t "P t'^c ^vhole Lot, and prevent the nhab.tants from getting water, is an insult to the Government. If I dklo I would be acting contrary to my own interests. vcrnmenr. it i Uid so 1 I would be willing that a clause should be introduced in the Patent if the Government insist on ,t that I, my heirs and assigns should now and at all times hereafter afford o the inhabitants of Bytown, and the public in gTneral, ample s tr™e O tawr-nr^^^'Ti-J^^^'^''^.^^^' '"^ ^"'^^^«'" the water's^dge of tKo K ver Ottawa m the event of its ever being necessary to lay it out in Town Lots and tlm? untd laid out m Town Lots and even after, ample accommodation shall be afforde] to^all Lumberers to secure their rafts if necessary, while running the Government I have no hesitation in saying, that I could furnish you with evidence of sevcrnl thousand respectable inhabitants of Bytown, that one inch of a i^IerXn L unne- pessary for the use of the Lumber Trade.-such proof I would consider would be an insult to the Government,-but I will simply refer to a single gemlemanJoseuh Wri-irT'"' '''^" T^';""^*^^ "^« *« '''''^ ^»d ^^hieh I fntimatedTo you, that he was willing to appear before you, and testify relative to the disgraceful consnl racy against me respecting the Lot in question. o'-i^^eiui conspi- tht ll"^}"^ confidently ask, would any one dare to impute improper motives to this gentleman ; he never was under a fraction's obligation to me in his life he has been repeatedly urged to allow himself to be elected°for Bytown? he irs 'lived in ot this Lot, from Its earliest date, and has the largest lumbering interest in tZ Province of Upper Canada ; and no one will presume to call in quest on hs known and universally admitted reputation and respectability. ^^^stion, tiis known I have, &c., JOHN ROCHESTER. T . , Bytown, 7th January, 1853. li2StZ^^lTilT^^:„t:t' ""'"^^^ ™"="-»'. -'-sent „p„» (Signed,) EDWARD MALLOCH. 187 r an}' person me. iitiiiuos from itly the lii;rli t' I wouki, y pretended 10 i)iuticular ho Lumber sliamefullj k has there Huron for single stick ber was run 2r, oars, and icse twenty and to urge, md prevent 1 did so I cnt, if tho it all times mple street ' the Kiver ts, and that. be afforded overnment of several >n is unnc- ould be an m, Joseph . you, that 111 conspi- lotives to b ; he has 18 lived in he history sst in the lis known I have rend tho above htior „.!/•, , ^^town, 7th January, 1851 Koehcater and Mr Tnll • ' ^"^"^ ^^'^^ '"^^clf in honor bonn"='-». ""<1 Srog shops "or 13 g,vo„ your Dopartmcut hy Tj Eu,i , ' i'f ■'■""' f S"' '''=»4"i"n ofTl.ieh Dune Esquiroo-our Crown- Laud A "e«\,t^^^^^^ "' I^J-'™, ihrough j"hu bo.ng dug up ,„ ,,o|e, f„.. quarryt„g\-to ;o™!t L'ehTS'r ''^''"' "'"'""'"p" If any reservation was ncce«arv it wo„ ,1 ) t '"™ "» """rol. all the timber has to remain to 7r , j t' ''° "".I'"' «. l-elo^v the slides, where ^.forU^^uldbeimpLiblofot^LX-^^^^^^^^^^^^^^ i4i:>S™r:ls:,:.^,^3f :,s''tir:?>i- ■■^''"r-"-^ -•'-'. «- .ho best the neecssary authority according °i Law^ "'' """'' '""P"^"' "clothed" ,S W.th respect to the .presentations from the Town Council of Byt„„. j ,„, r 188 waa taker, „p a„U adopted in trcXnool/ vVC '''V'^'t^' '' \vho, ft3 1,0 informed Mr. Malloch ohiccNxl fn i. „ • ' "l"'-'"*'' ^''" ^'^^o""' though. „f,o.. .,•„.„, ., ,«:";;:'i;„tr'U ;: r :;„"Er;rcS""'="' "- running their CrSg^ ^"'- the Lumberers in All winch Id respectfully submitted. (Signed,) JOHN ROCIIESTEli. ■n o- nr -r. , Chown Land Office. Yours truly, ^ _ (Signed,) EDWARD MALLOCH. Honorable Lommissionor Crown Lands. No. 129. REPORT. Tl,. Pnn, • • r!^''''' "'^^'''' Department, Quebec, January 24, 1853. of ^:Srnr^G\^^li?nTo"u cil"^^^ 'T'' IfT'l? ""'^ ^'^^ -*'- 1847, on the application of W! ScSerso;\f'""n^ 1 '^' 'l'^ ^T""^-^' Honorable Peter McGill, on the subipr^Tr^^ hL "^ w ncaser submitted by the he holds under certifies of unlocatorf o!m v"''*^ '?'!'" ^'"'^ ^'«'"« ^^^ich ral's Department nlS Th"s Or W t"'''^"*'«%'««";^ by the Surveyor Gene- claims of McPherson 'as set forth n hi. «.i''^' /-'' ''",T ^''''^ ^^^^ ^^e - considered and disallowed by ^ppr^^^^^^ ^"^^« "^^^ ^""^^ " sions, viz: on the 29th Anril IMrifutu lo.r o"" ^i*" ^""'' ^'^^^''''^^ ""a- " the 24th December, 184t,"lc ares' th^ t'ordor t' ^^ September, 1845, and sion and interruption' of the pubiic'Lsto^^^^ ??(- except^the cl.rest ev^ci'tJ^f S 5^^=:^^:^/ Sv^lSS^' Conce l,„ r 'w'^^^^^^^^^ '''""r"- f ^"^^'^-^ Rochester for Lot No. ,9, « t< Quebec to a » Bitting; it tlio Mayor, riercncc, al- ii. jnt from any mpel ino to i to und from vumborers in Joseph Au- to the letter ESTEli. )fficr. en Lot No. our special 'e sec you ? .LOCH. 4, 1853. the notice November, ted by the lims which yor Gene- 1 that the ivero fully i'eral occa- 1845, and led confu- Land De- claims for permitted, justice. »t No. 39, al further issing dia- 189 Mtlsfiiction therewith- hilt ♦! n • ~ =-—— tit"t.lJ„',|'„°„JI'''^S'.;'''\?'" Council, .411, .T„„„„,, ,«,, . ,„ , . * The claims of Mr Mr.PJ,„.. '•■ SPVPrnl 7 "" '''"«'ccj and disi " In ord t December, 1845. ' ' '"'" ^'^'*^> '^'^'^f ^'d Scptcra- " Certified. (Signed,) u J. JOSEPH, C.E.C." Order in Council of 31st Januarv, 1853 ,. The Committee recommend'?'',?'"' ''^°"'^^^' ^«-^3- L^ assignee, in accorZr ^W Jh oS^ inT^u \ 'T'. ^' '^^^ ^^ochester or ^Oth December, 1852. ^'^''*''^' '" <^ouncd of the 24th November and Approved in Council, 31st January, 1853 rr. <^ay.) , ""'y* ^«>^3.~-(Commumcated to C.L.C. next No. J30. LM,,n^ appears under tkis numler in the mam^cript^ QS r 190 No. 131. inS"o t^r';;^^:!!.^^'^''^!^'-'^ Land, representing that 39, Concession A, Kar"l,ev W «„K • ?^^^^ ^^' ^^^ No. inentsforre-openino. thffideVuionTfr n ^"" '^^^'""^ ^"^'^^^^ docu- faction therewK but tha he see n tht ot.^'T'"'"*' '"^ ^^P^^^«>"« d'«^«t'«- his^l:siSeTt*::eo?drce^^^ issue in favor of John Eochester or 20th Decembe", ™*°^^^^'^ '^^ Orders in Council of the 24th November and Certifled. To the Honorable the Commissioner of Crown Lands, &C., &c., &c. ' WM. H. LEE. No. 132. o;_ \\r^ 1 , Quebec, 5th February. 1853 ^o^^-^'^&'AT^^^^^^ ^0- 39, in fone'e'sion will have no claim on the Gov^nrnTnt for f ' '"' • ^^^' ""^erstanding that we decided that the Streetlln fhlS, ^^'^ «TP«"«''^tion m the event of its beinc. poration of Bytowm ^"'"'^ "^"'^^ ^" ^^^^' ""'^ "^^''^^ by law in the Cor*! We have the honor to be, Sir, Your most obedient humble Servants, (Signed,) JOHN ROCHESTER, Honorable A. N. Mobi^, " EDWARD MALLOCH. «6;c., &c., &c., Quebec. No. 133. ml BrmCLt "' "" '°"«°"^ '" '" ^""""'-^ -* "■« Orf« in Council „1 «th Februa.y, 1853. ^^'^""^'^ WM. B. KICHAEDS. liXecutive 853, ap- uncil, on iting that Lot No. ber docu- ^ dissatis- I from the e applica- 30 by the hester or mber and LEE. 1853. ncession that we ts being he Cor- R, CH. -the sale was carried out ind th. i '"« "^^eia of the Government. « bj. you, not in your public 3 rtutn ' °™'' !" "« "'« pateu waf i^..».. ana pj^^^^^^^^^^^^^ r* 192 mshea that it is unnecessary for the Public Works, and that even the full consi deration money paid for the purchase of the lot, is not included in the deed Ihere seems to have been such a system of secrecy pursued on the part of the Government, that it appears to justify the construction of studied fraud^ Under these circumstances, we consider that our letter to vou of tho '5th ,-n«fo«t has been extorted from us, and protest against the course"^ th^Governm^^^^^^^^^^^^^ pursumjr, and beg to signify our determination not to consent to the patenTissuin' on the terms proposed, which we can not characterize but as in an uZeceSecf secret, underhand and discreditable manner; we therefore pray th^he descrinion ZLZT '"V*"^""^' '"''•^ ''"^•" '-^"'^ ^"^•'^"^If -'"'^h is Intended to be re ' ?v d and that the part necessarily required for the Jioard of Works on the N E ror ner of the lot may be paid for by them to us. " ^' '"'''' All which is respectfully submitted, by your obedient and humble Servants, (Signed,) JOHN ROCHESTER, The Honorable A. N. Morin, Provincial Secretary. No. 135. Report on the necessity of certain Reservations being made in Broken Iront, Lot No. 39, Ottawa Front, Township of Nepean. ing t^^'i^:^^^^: souih :S?c:;^s.r '- ''-''''' " '-'^ '^^-^ ^--^- h.a^rl\i''"^f ^^"^«''^S'^''i'T.to admit of the raftsmen going ashore to return to thp head of the Rapids, to continue their work in taking down cribs and for other nnr heS s?i^utofthrsfl"T.'' being rcpurrcd to the Slide-Masto", afrequi il by T^l be' to reSr on^' '^ '-^f Kogulatiuns, established by Order in Council, \o which iTnecessary ' '''"''' ''"^'^'^ ''''"' ^^'"'"^ to land here, in all cases,' absolute- runnin':i"down';htLi;L?i^I;.r^%>^ ^leranged or partially broken up, in here and ren^i • .^ 1 "f ^''''^".'^'^'■<^, ^^}'t'^ =^'>ove, they mu.f be brought to land ereat loss of timo tr. t]L} i , ^ *"''^^ '''^<^^' '' "«* onlv occas ona fion and ttiZuom f "• ''T' ^"' '^'^ f "^' '^"^ ^^'^'^^ '« ^i^'l^'*^ *« «bstruo- liZ "'Ji-T.by pieces c,f ti.n!,cr getting fast and causing jams. is requ r"l' "h'v'Zf'^ *'" ^"^^'i f^ *'\-:?"S'^^-- ''--by, the reserve ment oned required to lay timber upon, delivered for building purposes, for the use of the Tow titieg draw be se Su on th Th is the ber ca slope ( being height descen other f falls eii Ordnai The to the ' but whj which i Also, wells is and culi chiefly f carted f is neeess Lot No. From further r< ted, may Beside! equal im] should be of the Oti such a wo; material, j are very o- The obs a distance above the ' Chaudiere called the J two miles c feet, immec These ob head of an ] quarters of j for seven tee the Canal u; For one-q and the deefj be rock exca conve- Tow titles drawn ovT 3 T. 'T'^'^ '' ^' ^^^ the e ™3v 7' 'l^^ ^^'^o quan- be sent dolZ« . if 'l.!".-"^^ ^elpw, at tin.es whr& l'„l" * «^ ^^^ to be be to slope of the JanflVKV--^'^^*" "Pinto the Town K ^*?'^"' ^^^re tira- fall. eKSi/r?*^''-'^' ■'o™ "« Locb oTihe S"« /•""''f'" "P • *« »■>'/ ■i he full extent of fli * which it i raniilv .•'^'^'" ^^'«"» becomesix C tv of 1 •?'\^;"'"^*^« Town; Also as The T ^'- ^' ""'^ ^'' ''^'^^ imagined. ^ "^ considerable magnitude, iJ Besiies .1, est™' 17.',™' '," T' °'' "-^--tor'" ' '" " ^"^ «> -'- a disttTf"?r:„;^l'"'^"^^'"" immediately above Eytown nbove the Town ^-h ^,^'''':^''^'^^' miles, i.ev cons^J. °J"^^T^'••'''«^ ^^'tbin called the RemSk'' J ^i^^'l^/^''^^'-^ of a mile further of X, ^ f ^'*' ^'^^ ^^'^i^ two miles of s ntu 7 "''""' *^^" ^««^' «^ -bout ( mile a " IT f.- ' [^ ^"I"^' feet, inimediatolv T; tt In'"' ''',^"^ ^««^' ^be Falls Tt Brkin" ^"7^^'•' ^^^^'^ Tbese obstruetions m 'i ''*''' ^'^"^^ ^'^'<«- ' '^'"' ''^'•' ~^^!:^^t^i? Cb^^^^ t^^ Cl^"^ ^ Canal .om the and fh. "lT:?!^^'."f *be d.stance to the Bay very lit !! •'"''.^'^■ ? >" the remainder miglZ'ninetr:™:?.!!."^-^: be vation. teet, seven of which would 194. «fnn» ?» ? excavation would be a source of economy instoad of expense, for as the stone 8 of a superior qual.ty, builders would remove it free of cost to the public if permitted, were it not required for constructing the Canal. Upwards of two thou- Zirr' . ' '*.'"' ^''^ t"ken from Lot No. 39 withia a 'year past, and the parties have to pay for permission to take it. J l > ^ me Above this cutting, the Canal could be best constructed in the bed of the River by parallel walls of stone, without mortar, lined on the inside, under the water' with thick plank, to prevent such leakage as might create a current. As the Kiver 18 generally shallow, and the bed of it flat rock, such walls twenty feet broad, and on an average, fifteen feet high from the foundu.ion. would be perfectly secure and sufficiently high to keep the Spring floods from washing over. Such walls are re"uired '^ ^^^^^'^ sufficiently at as great a difference of level as would be In the mode of structure, as well as in the excavation, additional width would be attended with little or no increase of expense. The Canal should, therefore, be raade wide, to admit of much water from it being let for milling purposes and for hydraulic works for supplying Bytown with water, for which verv iecessary ob- ject the foot of the Canal would afford a most unusually advantageous site. The flooded land, also, that would be made where the Canal would be built on fl%?*^ mT^ Bytown would be exceedingly useful as a pond to contain saw-lcrs for the mills on the hydraulic lots below; such a thing is very much required, as without It there IS no adequate space for stowing logs for the mills that will be constructed there. A mile and three-quarters of Canal so constructed, in addition to the three-quar- Ik \ A el rf* described, would be sufficient to overcome the obstructions to the head of the Remicks Rapids ; and half a mile more at Britannia, chiefly excava- tion, would overcome all the obstructions to the Chuts Lake. The total rise in that distance would be about sixty-two feet. This would complete the navigation to the distance of thirty-five miles above JBytown. and cause a very great increase of the trade of the Ottawa in sawn lum- Der; rendering the magnificent and unlimited water power at the Chuts Falls even more valuable than the Falls at Bytown for milling purposes, besides conferring great commercial benefit in other respects on the Villages and Settlements on the ativer, by giving them the means of direct communication with the Ports on the St. Lawrence, and with the United States. Were the communication extended to Portage du Fort, sixtv miles above By- town, by the construction of three miles of Canal at the Chuts Falls and Rapidl the benefit would be proportionally increased, and with it the importance of a uanal at Bytown, for which the reservation is proposed. • To recur to the importance of the reserve along the Bay on Lot No. 39, with respect to the Slides, we would most respectfully remark, that it is held to be of unquestionable importance that there should be reserves, and they have accordinir- ly been made to great extent about all the other Government Slides on the Ot- tawa, though or much less importance than the reserve in question, even as regards the convenience of the lumber trade alone, and such a reserve is now about to be purchased round the shore of the Gatineau Timber Pond and its outlet. This being the case, it would seem to be absurd now to dispose of the reserve at Jiytown, where the quantity of timber passing, and the necessity for the reserve is consequently greater. It would be altogether stultifying the proceedings hitherto ot the Department of Public Works with respect to all such reserves, besides in this particular case sacrificing the interest of the inhabitants of Bvtnwn: ind were the reserve in question alienated, we would feel constrained by a' sense of duty, to recommend that immediate steps should be taken for the purchasing of it back again, i not hav might & a cours( Allv Byto To the ] 195 Again, in order thnt thn. n**„ t , ' "" "~ — — -= All which is most respectfully submitted. (Signed,) Bytown, 5th April, 1853. HORACE MERRILL, A. J. RUSSELL. To the Honorable tfac^Commissioner of Crown Lauds. rts on the St. No. 136. Sir,-I have just received a letter from Mr P u ^''^''''''' ^^*^ ^P"'' ^853. A. on the Ottawa, i„ ,|,e Township 7^' rn"™''^' ^'" ^^- « Conceasi;;; » olneXtf J.h;r„t"p:,:- tr/r""T f?" '^-"-c^ «.= Oover. jhe w wh.h w. p„.h.ea .a p.. ,„. .-::? »:::' irttctrUo. We therefore intend to take etep, under advice I have the honor to be. Sir, Your obedient Servant, Honorable A. N. Morin, ^^'^°'^'^ EDWARD MALLOCH. &o., &C., &c. -^.t I . iiii x ia