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 CANADA COMPANY. 
 
 MH riiiii, 
 
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 "copy : ■■""''*''^:*':''-,; ';::; 
 
 OF THE ■ ' ' ' '■''"■ ■'■ 
 
 MINUTES OF THE INTENDED ARRANGEMENTS, 
 
 ,- ■•> BETWEEN ,, ,' . |.-i;< . 
 
 Earl Bathurst, His Majesty's Secretarj' of State, and the proposed 
 CANADA COMPANY. 
 
 X HE Merchants and otliers, who have united together to establish a 
 Company for purchasing, improving, settling, and disposing of lands and 
 other property in Upper Canada, and especially for purchasing and set- 
 tling certain lands in the Province of Upper Canada, which have been 
 reserved for certain public purposes, and for the support of a Protestant 
 Clergy, and which are known by the name of " The Crown Reserves," 
 and " The Clergy Reserves," and which merchants and others, for that 
 purpose, iiave subscribed a capital of One Million sterling ; — having ap- 
 plied to Earl Bathurst, His Majesty's Principal Secretary of State having 
 the Department of the Colonies, to advise His Majesty to grant to them, 
 a charter of incorporation, and to grant and convey to them, for certain 
 valuable considerations, the said reserved lands in the Province of Upper 
 Canada ; — the following arrangement has been concluded between the 
 committee or court of directors, appointed by those persons, and acting for 
 the general body, on the one part, and Lord Bathurst on the other part. 
 
 Ist. — It being necessary that the consent of Parliament should be ob- 
 tained, before His Majesty can grant that part of the lands proposed to 
 be conveyed to the Company, which have been reserved for the support 
 of a Protestant Clergj', Lord Bathurst will, at an early period of the next 
 Session of Parliament, take the necessary measures for introducing a 
 Bill for this purpose. 
 
 2nd. — As it may be expedient to invest the proposed company with 
 certain powers and privileges, which His Majesty, by the mere exersise 
 of His Royal prerogative could not confer. Lord Bathurst will introduce 
 into the Bill to be submitted to Parliament the necessary clauses for in- 
 vesting the proposed company with those powers and privileges. 
 
 3rd. — Subjoined to the present minute is a Memorandum, containing the 
 heads of the Bill which Lord Bathurst proposes thus to lay before Parlia- 
 ment 
 
 li 
 
 {I 
 
 III 
 
 „.^4..« iiiriiiiififtlT'' ^ 
 
 |j, 
 
CO 
 
 2 CANADA COMPANY-MINUTES OF 
 
 mcnt, for its consideration. His Lordship must be distinctly understood, 
 as not binding liimself to support any particular parts of this Bill, which, 
 in the course of the Parliamentary discussion of the subject, it may ap- 
 pear to him right or expedient to abandon. The subjoined Memoran- 
 dum must therfore be regarded only.as containing those pravisions which, 
 upon his present consideration of the subject. Lord 'Bathunt thinks it 
 would be proper to suggest to Parliament for its adoption. 
 
 4th. — Lord Bathurst will move the Lords of the Privy Council to ad- 
 vise His Majesty to issue, under the great seal, a royal charter for the 
 incorporation of the proposed company. By this charter would be gran- 
 ted such powers and privileges as it is competent to the Crown, by vir- 
 tue of its prerogative, to confer, without the aid of Parliament. Subjoin- 
 ed to the present minute is a Memorandum, containing the heads of the 
 charter which it is proposed thus to grant. It is however to be clearly and 
 distinctly understood, that notwithstanding the present arrangement, the 
 Lords of the Privy Council (ns tlie constitutional advisers of the Crown 
 on subjects of this nature,) and the Lord Chancellor (as keeper of the 
 great seal) will exercise their judgment both as to the propriety of issuing 
 such a charter, and a«> to auy particular clauses iu it, which may appear 
 to them illegal or objectionable. 
 
 5th. — When the company shall have been actually incorporated, Lord 
 Buthurst will further advise His Majesty to convey to them, upon tlie 
 terms and conditions subsequently mentioned, the lands in the Province 
 of Upper Canada, which are subsequently described. 
 
 Cth. — That part of the Province of Upper Canada, which has hitherto 
 been occupied by His Majesty's subjects, is at present divided into Dis- 
 tricts, which are subdivided into Counties, and in each of the Counties 
 various Townships have been laid out. In pursuance of the Statute Slst 
 Geo 3. c. 31. one-seventh of the land comprised in these townships has 
 been reserved for the maintenance of a Protestant Clergy. These lands 
 are called " The Clergy reserves." One other seventh part of the lands 
 included in these townships has been reserved by His Majesty for pub- 
 lic purposes, and ore known by the name of "The Crown Reserves." In 
 the District of Niagara, no reserves have been made for the Crown. But 
 the deficiency has been supplied by a large reservation in the adjoining 
 District of Gore. Various grants in fee simple have already been made 
 of parts both of the "Clergy Reserves" and of the "Crown Reserves." 
 Some parts of these lands have been demised for terms of years ; other 
 parts have been occupied either with the written licence of the Colonial 
 Government, or on the faith of verbal promises made by that Government, 
 that the occupants should receive grants on leases of the lands in their 
 occupation. There are other parts of these lands which, without any 
 legal conveyance, or even any actual promise or licence, have been ap- 
 propriated to purposes of a public nature, or for the convenience or ad- 
 vantage of the Clergy of the Province ; other portions which have not 
 hitherto been actually so appropriated, are yet, from their peculiar local 
 advantages, or from other circumstances, so situated as that the ocupa- 
 tion of them may be peculiarly convenient or necessary for the public 
 service within the Province, or for the erection of churclies, school-hous- 
 es or parsonage-houses, with small adjoining pieces of land to be used as 
 burying grounds, yards or gardens. Finally, there are within the Cler- 
 gy and Crown Reserves, various parcels of land which have been occu- 
 pied for ten years and upwards, by persons who have resided upon them, 
 not only without any grant, but without any pretence of legal title, and 
 
 who, 
 
I IM 
 
 ■] 
 
 ^. 
 
INTENDED ARRANGEMENTS. 
 
 8 
 
 who, in Amorica, aro usually ditiignated by the appellation of " Squatters," 
 but who, notwithatandinf^, have not been diHturbed in that occupation. — 
 When the company shall actually have been incorporated, Lord Bathurst 
 will advise His Majesty to convey to them, u|ion tho conditions subse- 
 quently stated, tho wholo of the Crown llcHervf^s, and one-half of the 
 Clergy Reserves, in those townships which, on or before tho first day of 
 March 1824, were actually laid out in the HcvcrnI Districts before menti- 
 oned, in the Province of Upper Canada ; it being understood that the se- 
 veral portions of the Crown and Clcr^ry Kcservos which, ( a above men- 
 tionen, have been granted or demised on lease, or occupied on the licence 
 or promise of the Government, or afipropriated to public or clerical pur- 
 poses, or occupied without disturbance for ten years, or which may be 
 peculiarly convenient or necessary either for the public service or the eccle- 
 siastical objects already mentioned, are to be wholly excepted ; so that 
 there will be conveyed to tho company one-half of that part only of the 
 Clergy Reserves which will remain, after deducting these excepted lands 
 from the entire quantity originally renervcd, and tlio whole of the Crown 
 Reserves which will remain allor making the corresponding deduction of 
 the excepted lands from them. . , - ..i <( . , :;,a. - ''; ,1'. 
 
 7th. — In order that tho exceptions mentioned in tho preceding para- 
 gra[ih may not operate more extensively than is at [)rescnt contemplated. 
 Lord Datiiurst will immediately instruct the Lieutenant Governor of Up- 
 per Canada to adopt all necessary measures for preventing any new 
 grants or leases being made, or licences of occupation given, of any part 
 either of the Clergy or Crown Reserves. But as until the proposed char- 
 ter of incor|>oration shall be granted, the corporation already existing in 
 Upper Canada, for the management of the Clergy Reserves, will in point 
 ot law be invested with tho power of granting leases of those lands. His 
 Majesty's Government is not to be held responsible to the company, if 
 any intermediate leases shall actually be granted ; a contingency, how- 
 cv(!r, which it may be presumed is highly improbable. To obviate any 
 danger of misconcefrtion upon so important a subject, it is to be most 
 distinctly understood, that the present arrangement is not in any degree 
 whatever to aflect the right of the Clergy of the Province, or of the corpo- 
 ration established for the management of the Clergy estates, or of the 
 King as head of the church in Canada, to manage, cultivate, and settle 
 that portion of tho Clergy Reserves which is not to be incl'ided in the 
 sales to the company ; but tliat when the portion of the CI' : ^-y Reserves 
 which is still to be r<!8«>r\'ed to the Clergy, shall be ascertui:i<'.u and set 
 apart, as is subse<|uently mentioned, every restriction upon tho corpora- 
 tion, in res|)cct of grentnig leases or otherwise, relating to the manage- 
 ment of such portion of the Clergy Reserves, shall be at an end. 
 
 Kill. — The lands to be granted to the company when incorporated will 
 be conveyed to them in fee simple, to be held in free and common soccagc 
 
 9th. — The company will have no claim to become purcliasers of any 
 itfnds which may be reserved for the Crown or for the Clergy, in any 
 town»*liip8 which may be laid out in any part of the Province subsequent- 
 ly to the first day of' March 1824. 
 
 lOtli. — It is arranged, that so soon as the proposed charter of incor- 
 poration shall have passed the great seal (and sooner if the company 
 should think fit), five commissioners shall be appointed, who shall pro- 
 ceed to Upper Canada, with power to ascertain the quantity and to de- 
 termine the price to be paid bv the company, for the said reserved lands. 
 
 11th.— 
 
 i 
 
 ,' 
 
 ,,^L',':i,.^.rc\^V. 
 
4 CANADA (JOAll'ANY-MINUTES OP 
 
 lull. — Of tlio five comnuHflionors, two will bo noitiinatod by Lord 
 Itutliurat, and two by tlio cotninittun or court of diroctoni of tho pro|M)ied 
 company. TIicbo nominations being made, tlio court of directora ahall 
 then name tlireo other porBona as candidates for tho ofRco of fifth com- 
 missioner. If any two of tho four first named commissioners concur in 
 objecting to any onn or inoro of the three candidates, tiin name or names 
 of tho person or persons so objected to shall be withdrawn, and other 
 names substituted by tho court of directors, until three candidates shall 
 be named, to no one of whom any two of the four first named commiss- 
 ioners concur in objecting ; of these three candidates, Lord Bathurst will 
 Hcicct one, who will be tlio fiilh commisHioncr. 
 
 12th. — The decision of tho commissioners in every case will bo guided 
 by the majority in number of votes. The senior commissioner appointed 
 by the Crown will be the permanent chairman of the commission. 
 
 13th. — In the event of a vacancy occurring, by the death, resignation, 
 incapacity, or permanent sickness of any coQimissioncr, the vacancy is to 
 supplied by tho same party and in the same method as the commissioner 
 creating the vacancy was himself appointed ; but until the successor can 
 be nominated in England, a provisional appointment may bo made in tho 
 Province, either by tho Lieutenant Governor, if tho commissioner cre- 
 ating the vacancy was appointed by tho Crown, or by tho surviving or 
 continuing commissioner of tho company, if tho commissioner creating 
 tho vacancy was appointed by the company, or in the mode prescribed 
 in the preceding paragraph, No. 11, if the commissioner should creatu 
 the vacany ; the Lieutenant Governor will in that case have the right of 
 selection from the three candidates presented to him. A secretary will 
 be attached to tho commission, to be appointed by tlio commissioners 
 themselves, with a salary not exceeding £500. , i < 
 
 14th. — The remuneration of tho two commissioners nominated by 
 Lord Bathurst, will be provided for by his Majesty's Government ; the 
 company will remunerate tho commissioners appointed by themselves. 
 The remuneration of the fiilli commissioner and of tho secretary, and 
 all the expenses which may be reasonably incurred by the commissioners 
 in travelling or otherwise, by reason and in the execution of the commis- 
 sion with which they are to be charged, will be equally divided between 
 I lis Majesty's government and the company. 
 
 l.'jth. — Tho five commissioners thus nominated will receive a commis- 
 sion under the great seal of the Province ; for their guidance in the execu- 
 tion of the duties to be committed to them, they will receive written instruc- 
 tions from Lord Bathurst. If in the progress of the commission it should 
 be necessary to issue further instructions, they will be given by Lord 
 Bathurst in concert and communication with the court of directors ; sub- 
 joined to this minute is a coi y of the commission which it is proposed to 
 grant, and of the instructions which will immediately issue for the guid- 
 ance of the commissioners. 
 
 ICtli. — Upon their arrival in Upper Canada, the commissioners, assis* 
 ted by every means which the local government can command, will pro- 
 ceed to ascertain what is the price to be paid by the company to His Ma- 
 jesty's government, for the lands proposed to be granted to them. In 
 fixing that price they will be governed by the principles and rules sub- 
 aeqiiently loid down - , ■• -- .. ■ , - ■.■• 
 
 17th.— 
 
¥- 
 
INTKNDKD AHUAlVfir.MRNTS. S 
 
 17th.— 'Thn rnmmiiiMioncrHwill I'iritt in(|iiiri' what mih'H oflnnil hnvo hrrn 
 ntr<TtiMl in *'nch DiHtrirt of rpiMT ('mmthi, fur rniily inoiiry, tliiriiiif tho 
 p4<riiMl oi'lho InMt livo yrnrx prrcciliri^ thi; fiiHl diiy ul' . March IM.'4. My 
 tht' rxpri'KMimi " Hah's cfVcrlt'd li»r rrmly iiioni-y," will !»«• iinihirs^tnfMl nut 
 only Nnh'M in which, U|Min thr i-<iiivf'ynnn< oftlii' liin<l, tho money wan ni-tu- 
 nliy pniil to tin* Ni^jicr in raMJi, Inil nUo huIch in which the pnrchaNo money 
 wax pniil by i)ilU of exclnintfe, whether honie or forci^^ii, at the nxual 
 liKliti*. — In Hiich inqniry reference nhall not h<< huil to miliMof Hinffle loin 
 of not mori! than .'(M) acreH, or Mniallcr parci.ls of html, or l(» Malci* of 
 himU which at the time of Knch nale were cleure<l or rnltivatetl ; nil tlin 
 lundi* no am aforcHaiil to he granted to the Maid proposed company, hein}; 
 uncleared and unoccupied, and the arraii^'enient hetweenllie partieMand 
 the intent and meaning' of this aj^rcement liein^ that the motU recent trnuM- 
 nctionH and the lartfCMl HnliN'4 which shall he found to have taken place, 
 previous to the .said firs» day of March IttJt, !<liall he the criterion or 
 Htandard hy which the coniiniHsioners shall hi> principally re^^idated in 
 tln) prices which tiiey nrc! t(» ascertain anil determine, ilaviiitf ascer- 
 tained, n« lar nn possible, the most n;cent, and thi' larjrest classes of the 
 ready mcuiey sales thus etVected during the hefore-meiitioned periiMl, in 
 all of the Districts in I'pper ('anada, the coinmissioiierH will proccRii to 
 strike an avi;rnj,'e ready money price for eagli District, ii|H)n eipiitahle 
 nriuciples, rejjulated by the facts so to bo ascertained, and by every other 
 information, in conformity with tho termH and Hpirit of tho arrangement 
 iiiado butwueii tht? parties. 
 
 llltli. — As it limy linppen that the vahio of lands in difVeront pnrts of 
 the same districts may be materially dillercnt, sales eliected in oiiu part 
 of such a district would allord no criterion of the value of lands in ano- 
 ther part of that district ; tortile purpose of the inteixled avarago valua- 
 tion, tin? existiiij,' divisi(Mi of the territory into tlistricts, which was a(h»p- 
 tod tur political purposes merely, may perlia|m bo found ontirely inappli- 
 cnhlo. Adjoininir |)arta of (litfercnt ciistricts may boar so Htrong a resem- 
 blance to each other, in thoso circumHtancos which conHtituto the valuu 
 of lands, that a fair avora<,n) would bo most ortbctuallv obtainoil by class- 
 in<f to;,*etlier lands which lie* in ditferont political divisions of the Province. 
 If these supponitions should prove to bo consistent with thn fact, it will 
 be ill the discretion of the conmiissioners, if they shall think fit, in form- 
 in<» the jjencral avoraj^c, to «)l)sorve the followiiii; rules : — They will as- 
 certain the population of each township in the Province, according to tho 
 latest census ; they will then consiiler, without reference to I ho existing 
 divisimi of the Province into districts, what townships most nearly re- 
 Hemble each other in population, in advantages or disadvantages of loca- 
 lity, and in natural fertility of soil. They will place together in one class 
 as many townships, whether lying in the same or in separate districts, as 
 may ajipear to them sufficiently to resemble each other in the three par- 
 ticulars already mentioned, of population, locality, and fertility. 
 
 lOtli. — In fixing tho price to be paid by the company, for tho lands to 
 be granted to them, tlio commissioners will have regard to tho ready 
 money price of lands in each district, when thus ascertained and uvcrag- 
 cd. These averages will be regarded as the first and most important, 
 but not as tho single criterion, by which the price to be paid by the com- 
 pany to His Majesty's Government is to be determined. To correct any 
 misconception as to tho valuation which might arise from having regard 
 to this single test of value, the commissioners will also have regard to 
 the extent of the purchase to be made by the company, and to the ad- 
 vantages 
 
 Ul 
 
 I. i 
 
,6 
 
 CANADA COMl'AWY-MIJJUTES. OF 
 
 ,vantage8,to the colony, with which the. introduction of so laifge.a capital 
 may [)e attended ; and they will be at liberty to take into their, conaidc- 
 ration. every fact of a distinct and specific, kind, .which n^oy en{^b)e thein 
 tc draw a ippre sound and satisfactory cooclusiqn fipou the question pf 
 Vi lue ; it beiiig however understood, tliftt the criterion derived from ready 
 T on^y m\e» actually effected is always to be adopted, unless reasonable 
 ground may exist for supposing, that in any particplar C|^ it woMklleAd 
 to conclusions .substantially and niatei;ially erroneous, isj,, ..;... 
 
 ;v « 
 
 SOth.^Iii order to obyiate any dpubt as to which part of the Clergy 
 Rcscrvqs is ,to be granted to the proposed ,compfiny, the eoinmissiQ^crs 
 will cause an exact transcript to be in^de of the public or goveruinent 
 charts of each township, in order that on such transcript they may raaiik 
 the lots which arc to be granted to the company, and the lots which are 
 still to be retained for the maintenance of a Protestant Clergy. For this 
 purpose aAcr marking the various jlots in tlie transcripts of the chart of 
 each township, falling witliin any of the Jilxqeptioos enumerated in the pre- 
 ceding paragraph J)un)beredG,witli die word "fxcep^etf' the commissioners 
 will, upon the same transcript of the public chail, ailix a numerical mark 
 upon each of the remaining lots of the Clergy Reserves, proceeding in 
 order from ^o. l,to tl:e liighest number corresponding with the immbcr 
 of lots thus to be divided. The commissioners marks will bo made in 
 red ink, to distinguish them from the numerical marks of the government 
 offices. Those lots of the Clergy Reserves which shall thus appear up- 
 on the transcript of the government chart, bearing in red ink the alternate 
 numbers 1, 3, 5, &c. shall still be retained for the support of a Protes- 
 tant Clergy. Those other lots of the Clergy Reserves which shall thefi 
 appear upon the same transcript, bearing iu red ink the alteruajle num- 
 bers 2, 4, G, &c. shall be those which the company are to pui'chase from 
 His Majesty. 
 
 21st. — During a period of fifteen years, to commence and be computed 
 from the first day of January, 182G, the company shall in each year en- 
 ter into possession of so much of the lands to be conveyed to them as, ac- 
 cording to the valuation to be made by tlie commissiuners, shall be of the 
 value of £20,000 sterling. : ^ 
 
 The company will, nevertheless, be at liberty during the year 1825, 
 and in any one of the years during tlie said period of fifteen years, to take 
 posscssip|i of a larger quantity of such lands, if they sha|l think proper so 
 to do. 
 
 22nd. — On the Monday next following the 25th day of March, the ^4th 
 day of June, the 2dtii day of September, and the 25th day of December 
 in each year du.ing the bcfore-mentione^ period of fifteen years, the 
 company shall pay to such civil or military officer connected with the 
 receipt of His Majesty's revenues in the Fiovince, as His Majesty shall 
 from time (o time appoint, the sum of £5,000 sterling at the least. On 
 each of the days last mentioned, tlie company, or their agents, duly au- 
 thorized in that behalf in the Province, are to deliver to the Lieutenant 
 Crovernor or other person administering the government, a return, stating 
 particularly and mmutely the several lots of hind which, during the hist 
 preceding quarter of a year, haye been occupied by or on belialf of the 
 company, or by or on behalf of any ppreoo^ claiming by virtue of any 
 grant or lease from them. If it shall appear that, during any such quar- 
 ter of a year, the company or their agents, grantees or lessees, have en- 
 tered into possession of lands which, according to the commissioners va- 
 luation, 
 
 i:^^ 
 
INTENDED ARRANGEMENTS. 
 
 % 
 
 Ination, shall exceed in value the sum of £5,000 sterling, the excess of 
 value is to bo paid to such civil or military officer as aforesaid, in addition 
 to the quarterly payment of £5,000. 
 
 23d.— If the company, their agents or grantees, shall in any year enter 
 -into the possession of any lots of land not included in any of the quar- 
 terly returns of *hat year, the land.-i so entered upon, with all their im- 
 provements, shall be forfeited to and resumable by the Crown at pleasure. 
 
 24th.— The company will be bound, in each quarter of a year, to take 
 
 possession of the lands to be granted to them, in the proportion of one 
 
 • lot of the Clergy Reserves, for every two lots upon which they may enter 
 
 of the Crown Reserves, so long as a sutiicient quantity of lands of both 
 
 descriptions remains unoccupied. 
 
 25th. — Subject to the preceding conditions, the company will have the 
 right of deciding which of the lands included in th^ proposed grants to 
 them shall be occupied by thom, their agents, grantees or lessees, at any 
 particular time ; and llis Majesty will not control the power of the com- 
 pany to select such districts or townships as to them at any particular 
 period appear beat adapted for oti'ecting settlements. 
 
 26th. — A receipt, under the ^"rK^ and seal of the civil or military officer 
 who may be appointed to recc'vf from the company the quarterly pay- 
 ments before mentioned, such signature being attested by one credible 
 witness, «hall be a good and sufficient discharge to the company, for 
 every sum of money acknowledged in any such receipt to have been re- 
 ceived by the officer granting the same ; and for obviating any doubt as 
 to the proper officer into whose hand such money is to be paid, notices 
 will from time to time be transmitted to the office of the company in Lon- 
 don, from the Secretary nf State, signifying what officer in the colony 
 has been appointed to discharge this duty and grant the proper receipts. 
 
 27th. — Upon producing to the Lieutenant Governor, or person admi- 
 nistering the government of the Province, a receipt signed, sealed, and 
 attested in manner before mentioned, a grant will be issued to the com- 
 pany under the great seal of ihe province, of all the lands occupied by 
 them, their agents, grantees or lessees in the preceding quarter of a year. 
 Fonr such grants, therefore, and no more, will be issued in each year. — 
 It is to be understood, that the quarterly payment of the money due, and 
 the delivery of the receipts and conveyances, are to be strictly contem- 
 poraneous acts, and th&t such arrangements as may be necessary for that 
 purpose, will be made in the government offices of the colony. The com- 
 pany will execute under their common seal, or otherwise, grants or leases 
 to their own grantees or lessees. 
 
 28th. — The successive grants of land will be made to the conipahy 
 gratuitously, that is, without any fee of office, demand, or duty being 
 due or payable to any public officer in the province, for preparing, expe- 
 diting, sealing or issuing the same. 
 
 29th.-^Per80Bs claiming lands in Upper Canada, under any grant, 
 lease, licence of occupation or other convey arrce from the company, will 
 hold such lands under and subject to all the laws and regulations which 
 may be tlion in force within the province, in reference to the grantees or 
 lessees of the Crown. 
 
 
 l\ 
 
 30th.— 
 
~ ra 
 
 - 1 3 
 
 S^ cr. - 
 
 8 CANADA C031PA]NV-ftIlJ\UTES OF 
 
 30tli. — Tlin company will, in cacli year, during the before mentioned 
 period of lifteen yeuru, place one-lialf at least of tiie lands, wliicii duriiii^ 
 tliut year may Imve been occupied and purchaued by them, in the pos- 
 session of settlers, either as grantees or ns lessees under them, in the 
 proportion of one head of a family, or one adult unmarried settler for 
 every 200 acres of such lands ; and a proof of such actual settlement of 
 one-half of the lands so to bo occupied and purchased by the comjjany 
 shall be admitted and received by the provincial government, as an equi- 
 valent for the performance of the partial clearing and in)i)rovemeiits 
 usually reijuired, under the name of " Settlement Duties ;" it being a- 
 greed, that such actual settlement of one-half of the lands, or such ex- 
 penditure in compensation tor the same, as is hereinafter provided for, 
 shall acquit the company from the performance of any settlement duties 
 on the remaining or unsettled half of the said lands purchased by them. 
 On the Monday next following the 25th day of December in each year, 
 the conqiany or their agents will deliver to the Lieutenant Governor, or 
 j)erson administering the government of the province, a return of liic 
 names of all settlers placed on such lands during the then current year, 
 with a (lcscri[)tion of the lands upon which they have been so placed. — 
 If it shall u})on any such return appear that more than one-half of the 
 lamls (li'livcred during the then current year into the company's posses- 
 sion remain unsettled, then for every lot of 200 acres so remaining un- 
 settled, over and above the said one-half of the whole which may remain 
 unsettled and in compensation for the performance of settlement duties 
 as aforesaid, on the whole of the lands purchased in such year, the com- 
 pany shall, within six calendar months next after the expiration of the 
 year in which such settlement duties ought to have been performed, ex- 
 pend uikI lay out for each such lot the sum of thirty-five doilars, in open- 
 ing, conslructing or imi)roving |)ublic roads and bridges, m some one or 
 more of the dillerent townshij)s in which the lands purchased by thecom- 
 l)any shall be situated, such expenditure to be made in the discretion of 
 the company's agiints, and the fact of the money being so expended in such 
 jinblie inipiovements, to be certified to the satisfaction of His Majesty's 
 »Surveyor General for the time being, or any other ofiicer whom the Execu- 
 tive government of the province may appoint for that purpose [or the com- 
 pany shall become liable to pay to Ilis Majesty the sum of 25 dollars 
 for each such lot, which sum will by Ilis Majesty be expended during 
 the next succeding year, in opening, constructing, or improving the pub- 
 lic land or water communications of some one or more of the townships 
 in which the lands purchased by the com])any shall be situated.] 
 
 31st. — Any lands which, in pursuance of this arrangement may be 
 grantef' to the company, or which the company may grant or demise or 
 lease to any person or persons, shall be resumable by Ilis Majesty, in 
 case tlu! same should be required for canals, roads, the erection of forts, 
 hospitals, arsenals, or any other purpose connected with the defence or 
 security of the province, such requisition to be made either by an act of the 
 provincial legislature, or by the executive government of the province ; 
 and in any such event, one arbitrator shall be named by His Majesty, 
 and another arbitrator by the company, or their grantees or lessees, as 
 the case may be, who shall concur in choosing a third ; and the price to 
 be paid to the company, their grantees or lessees, for any lands so re- 
 sumed, shall be decided by the majority in number of such three arbi- 
 trators. 
 
 32d. — If within the lands to be sold and conveyed to the company, any 
 persons shall be found, who, without any legal title, have been, or are, 
 
 in 
 
INTENDED ARRANGEMENTS. 
 
 6 
 
 the actual ocoipation of any particular lands, the company will have the 
 option eith*" ^ declining to proceed with the purchase of any lot in which 
 such ilfc^i- rtlcments have been made, or of accepting a grant thereof 
 upon the c tuitions already stated, with the power of proceeding in due 
 course of law, at their own expense, to dispossess the persons who may be 
 found in any such unlawful occupation. It will be understood, that this 
 
 Erovision docs not apply to the case of persons, who, without any legal title, 
 ave held the quiet and undisturbed possession of lands for ten years, 
 such persons being included within tlic excepted cases enumerated in 
 the preceding paragraph, numbered 6. 
 
 33d. — His Majesty's government will recommend to the legislature of 
 the Province of Upper Canada, the adoption of any laws which it may 
 be thought expedient to pass there, for carrying into full and perfect ef- 
 fect the arrangement between His Majesty and the company, as explain- 
 ed in this minute. 
 
 34th. — In case the charter which may ultimately be offered to the com- 
 pany by His Majesty's government, or the bill which may ultimately pass 
 tlirough every stage, except the last reading in the two Houses of Par- 
 liament, should be considered by the company insiilHcieut to give full ef- 
 fect to the present agreement ; and if they sliould, therefore, by a noti- 
 fication made to Lord Bathurst, through their chairman, deputy chairman, 
 secretary, or solicitor, decline to accept such charter, on the ground of 
 an essential variance from the terms of this agreement, or having accep- 
 ted it, should, within seven days before the last reading of the proposed 
 bill in Parliament, by a notification made as aforesaid, signify their de- 
 sire, that on such grounds as aforesaid, such bill should not pass into a 
 law ; and if by reason of such alleged variation, the company should 
 claim to be relieved from tiie payment of their share of the expense incur- 
 red by the commission ; the following process shall be observed : Lord 
 Bathurst will nominate one person, being either a sergeant ot law, or one 
 of His Majesty's counsel, and the company will nominate another person, 
 holding such rank as before mentioned, in the profession of the law, 
 which two persons will be arbitrators, with power to nominate an umpire, 
 holding the same professional rank ; and such arbitrators, or in the event 
 of their disagreement, such umpire shall, within one calendar month next 
 after the reference to them,. give their opinion in writing, in answer to the 
 following question : viz. " Whether the charter offered by His Majesty's 
 " government, or the bill which may ultimately pass through every stage, 
 " except the last reading in the two Houses of Parliament (according as 
 "the objection of the company may be taken, citlier to the chirter or 
 " the bill), is or is not such as to give full and fair effect to the agreement 
 " contained in the present minutes, and especially to the memoranda sub- 
 " joine'd, of the heads of the proposed charter and bill, according to the 
 " fair and reasonable construction of those instruments, and without refe- 
 " rence to variations not affecting their substance and spirit I" Accor- 
 ding to the decision pronounced by the arbitrators, or their umpire, the 
 expense of the commission will be divided between His Majesty's go- 
 vernment, and the company, or will be borne wholly by His Majesty's 
 government. If, however, the company sliould think proper to proceed 
 without an Act of Parliament, they will, of course, bear the whole of their 
 share of the expense of the commission. 
 
 3.5th. — If any event should occur, which should render it impossible 
 for His Majesty's government to execute their part of the agreement, by 
 
 granting 
 
 ii. 
 
 
16 
 
 CANADA COMPANY-MINUTES OF 
 
 granting and delivering possession of the lands, this arrangement is to be 
 considered suspended during sucli inability on the part of the government, 
 and the period of such su8[)en8ion not to be calculated as any part of the 
 fifteen years before-mentioned ; but the same portion of the fiucen years 
 as remained at the time of such suspension is to contine and remain at 
 the time of the removal of such suspension ; and in the mean time it is 
 not to be considered, that any debt has been contracted by the company 
 to His Majesty, in respect of the payments which would have become 
 due, but for such suspension. 
 
 36th. — It is understood, that until the proposed company shall be le- 
 gally constituted, the individual subscribers do not by the present ar- 
 rangement incur anv personal pecuniary responsibility ; but by this sti- 
 pulation, the individual subscribers do not intend to deny their liability 
 (subject to the preceding condition No. 34) to defray their moiety of the 
 expense of the commission. •? .< ; . ' 
 
 V, t^; :...■„,. .;■'.;''«!. ■''■,■> "riH'; ■;' ■■-■: ;"•.•, ', '■.''>• .- ■ . '• 
 
 A MEMORANDUM, containing the Heads of the Proviiions to be 
 introduced into the Charter to be gratUed to the Canada Company. 
 
 Ist. — The objects with a view to which the company is established will 
 be stated in the charter, by way of preamble, in the same or similar terms 
 with those employed in the preamble, or introductory paragraphs of the 
 preceding minutes. 
 
 2d. — It will be recited as a matter of fact, that a capital of One Milli- 
 on sterling has actually been subscribed towards the undertaking, and 
 that of this capital a certain part has actually been paid up by the sub- 
 scribers. 
 
 3dly. — The charter will then grant to such gentlemen, being sharehol- 
 ders, as the company shall nominate, and to all the other shareholders, 
 whether present or future, a corporate character, and the stile of the cor- 
 poration will be " The Canada Company." 
 
 4thly. — Perpetual succession, the power of suing and being sued, and 
 the power to use a common seal will be granted to the company. 
 
 5th1y. — The specific object of the company thus created will be declar- 
 ed to be that of purchasing waste and uncleared lands in the province of 
 Upper Canada, and of settling, clearing, and disposing of such lands. 
 
 6th|y. — It will further be declared, that the company is established 
 with the view of carrying into effect all such other lawful objects as it 
 may be necessary to pursue, in order to the efficient accomplishment of 
 the primary object designated in the preceding paragraph. Among 
 these subsidiary purposes will be enumerated, in express terms, the mak- 
 ing advances of capital to settlers, the opening and improving of roads, 
 and other internal communications, and the promoting the cultivation of 
 such articles as can advantageously be exported from the province. 
 
 7thly.— 
 
 11 
 
 a 
 t 
 
 Ic 
 ai 
 
plar- 
 :eof 
 Inds. 
 
 ihed 
 la it 
 It of 
 long 
 lak- 
 |)ads, 
 in of 
 
 fy-— 
 
 INTENDED ARRANGEMENTS, i 1* 
 
 7thly. — The charter will then recite the conditions upon which His 
 Majesty will grant, and subject to which the company are to hold, the 
 lands to be conveyed to them in Upper Canada, so far as such conditi- 
 ons are specified in the preceding minute '\ 
 
 8thly. — It will immediately be declared, that the company are to have, 
 for the management of their concerns, a chairman, a deputy chairman, 
 eighteen directors, four auditors, and a secretary. 
 
 9thly. — The names of the first chairman, deputy chairman, directors, 
 and auditors, will be mentioned in the charter ; and it will be declared, 
 that the persons thus named shall continue in office until the 25th of 
 March 1829, and until successors in their respective offices have been 
 elected ; with a proviso, that any intermediate vacancy, arising from the 
 death, resignation, or disqualification of any of these officers, shall be 
 filled up by the election of a successor. 
 
 10th. — A power will be granted, to enable the court of directors to ap- 
 point two or more commissioners, re lident in Upper Canada, to conduct 
 the aflairs of the company in that province, with power to contract for 
 and bind the company to such extent, and subject to such restricti<)n8, aa 
 the directors may see fit to direct and impose. It will, however, be pro- 
 vided, that any restrictions as to the power of contracting for and bind- 
 ing the company, which may be imposed upon the commissioners, shall 
 be made publicly known in the province, to the intent that all pei sons 
 with whom they deal may know the extent and limits of their authority. 
 
 11th. — Provision will be made for holding annual general courts of the 
 company, for the election of the directors and auditors. 
 
 12th. — That at all general courts, the shareholders are to vote accord- 
 ing to the following rules : — A person holding five shares and less than 
 ten, to have one vote. If holding ten shares and less than twenty, he 
 will have two votes. If holding twenty shares and less than twenty-five, 
 he will have three votes. If holding twenty-five shares or more, he will 
 have four votes, that being the largest number of votes which any per- 
 son is to have. 
 
 13th. — At each annual court which may be holdcn afler the 25th of 
 March 1829, six directors and one auditor at the least must retire from 
 office, and an equal number of persons be chosen in their stead to fill 
 the vacancies thus created. 
 
 14th. — It will be determined by rotation, which of the directors and 
 auditors are to vacate their offices at each successive annual court ; but 
 in the year 1829, and in each of the two following years, this question 
 will be decided by casting lots, there being no seniority of appointment, 
 as between the original officers of the company, by which, in those years, 
 the rotation could be determined. 
 
 15th.— Directors and auditors. vacating their offices shall be capable of 
 being re-elected if otherwise properly qualified. ' >v , , , 
 
 16th. — Every director must bo a holder of twenty-five shares at the 
 least of the capital stock of the company in his own right ; and every 
 auditor must possess a similar qualification. Every director or auditor 
 diminishing such qualification shall forthwith vacate such bis office, and 
 
 ^^1 
 
 If! 
 
 IM' 
 
m CANADA COMPANY-MINUTES OP 
 
 a person ahall bo elected in hia stead to servo fbr the remainder of the 
 year. 
 
 17th. — A power will be given to the general court to grant such salaries 
 and allowances to all or any of the officers of the company as may be 
 deemed expedient ; provided that circular notices, convening any such 
 general court, sliall issue at least one month before the meeting of it, 
 and shall contain a distinct statement that a motion will be then made 
 for the grant of such salaries and allowances. 
 
 IStli. — Two general courts at the least will bo held in each year, when 
 the half yearly dividends shixll be declared. ■ ' - < - • < i 
 
 19th. — Special general courts may be held, which the directors will be 
 bound to convene, on the requisition of any two or more proprietors, 
 and in default of the directors issuing the necessary summons, such pro- 
 prietors may themselves convene such special general courts by adver- 
 tisement under their hand, in the London Gazette. 
 
 20th. — General courts, or special general courts, will be invested with 
 the power of making or confirming bye-laws, and making all resolutions 
 relative to the afiairs of the company, such bye-laws and resolutions not 
 being repugnant to the charter or to the laws of England. The bye- 
 laws must he duly recorded in a book, to be kept fur that purpose, to 
 which all members of the company may have access. 
 
 21st. — Notice is to be given in the Gazette, and by circular letters, 
 addressed to all members of the company in England, whose residence 
 is known, of all general and special general courts ; and such notices 
 must state tiie particular objects or business, with a view to which such 
 courts may be so convened. 
 
 22nd. — The directors are annually to choose, from among their own 
 number, a chairman, and deputy chanman, within fourteen days next 
 after the annual election of directors. In the absence of the clmirman 
 and deputy chairman, the court of directors, or the general court of pro- 
 prietors, as the case may be, may elect a person to act on that occasion 
 for and to represent the chairman. 
 
 23rd. — The chairman, or deputy chairman, or the director acting as 
 chairman for the day, and presiding at any court of directors, or general 
 court of proprietors, may vote on the question under discussion, and may 
 also give a casting vote. 
 
 24tli. — The company will be authorised to raise an additional capital, 
 amounting to£l,UOO,000 sterling, or other smaller amount, in pursuance 
 of any resolution adopted at one, and confirmed at another general or 
 special general court; and the new subscribers will be entitled to all the 
 privileges and advantages of the old. 
 
 25th. — Power will be granted to the company to cultivate, settle, clear, 
 hold, and dispose of such waste lands, as they may purchase from His 
 Majesty, in the province of Upper Canada, with powers to make loans 
 of money to the settlers on any such lands, upon mortgage or other 
 security. 
 
 26th. — Power will also be granted to the company to purchase, hold, 
 
 and 
 
 'hki 
 
 ~<ia,.-t^^M 
 
INTENDED ARRANGEMENTS. 
 
 13 
 
 and dispose of lands situate in any other part of His Majesty's domini- 
 ons, which it may be necessary for them to acquire, in order to the car- 
 rying the purposes of this charter into more complete effect ; provided 
 that the lands so purchased in England be not altogether of more thaa 
 the annual value of £2,000 ; and also provided, that any such purchases 
 as aforesaid be made in conformity to the local laws and statutes in force 
 in those parts of His Majesty's foreign dominions in which the land so 
 to be purchased may be situated. 
 
 27th. — A power will be granted to the company to purchase, and send 
 to the provii'ce of Upper Canada, all such matters and things as may be 
 necessary or convenient for the cultivation, clearing, or improvement of 
 the lands which may be purchased by them therein ; and they will also 
 be empowered to receive, and to sell and dispose of, all goods and mer- 
 chandize which may be consigned or remitted to them from such their 
 lands, in payment and satisfaction of any rent or purchase money arising 
 from the occupation or sale of any such lands ; and they will further be 
 empowered to receive and negotiate in England, bills of exchange, 
 notes, or other negotiable securities for money, which may be remitted 
 to theni on account of any such rent or purchase money. 
 
 28th. — The company will be empowered to make loans to the Upper 
 Canadian government, in case any loan bill should receive the royal as- 
 sent. 
 
 29th. — The appointment of secretaries, solicitors, and agents, the fix- 
 ing their salaries, and the power of displacing them, Mie general conduct 
 of the business of the company, and the nomination of sub-committees, 
 will be intrusted exclusively to the court of directors. 
 
 30th. The corporate seal must never be affixed to any instruments, 
 except in pursuance of a written resolution of the court of directors, and 
 in the presence of at least two directors. 
 
 31st. No person holding the office of chairman, deputy chairman, 
 director, secretary, or auditor, may, in his own personal and individual 
 character, enter into any contract with the company. 
 
 32nd. No dividend may ever be declared, by which the capital stock 
 of the company will be diminished ; but this not to effect the right of 
 paying interest not exceeding four per cent, per annum. 
 
 ':! 
 
 ;!) 
 ■J 
 
 }, clear, 
 om His 
 e loans 
 other 
 
 e> 
 
 hold, 
 and 
 
 ^A MEMORANDUM, containing the Heads of the Provisions of the 
 Bill which Lord Bathurst proposes to bring into Parliament. 
 
 1st. The Bill will contain a clause enabling the King to sell and con- 
 vey to the Canada Company that proportion of the Clergy Reserves 
 which is mentioned in the preceding Minutes. 
 
 2nd. The Bill will prescribe a simple form for the registration and 
 transfer of the shares of individual proprietors of the company. 
 
 D. 3d.— 
 
14 CANADA COMPANY-MINUTES OF 
 
 3rd. It will be declared, thut tlie shares of the company are to bo re>- 
 gorded oa iMjrDoiml uutate. 
 
 4tli, Provision will be made for the forfeiture to the company of the 
 shares of persons wlio, after a certain period, shall fail to comply with 
 calls for paying up their subscriptions ; and audi persons will in the mean 
 time be declared incompetent to «ell their shares, or vote or act as mem* 
 bers of the corporation. .:.u)/-..:a» '.'I ^jJu. i 
 
 5tli. A short and simple form of conveyance of lands from the com- 
 iudividuals will be 
 ll intents and purposes. 
 
 pany to individuals will be prescribed and declared effectual in the law, 
 to all 
 
 Gth. Power will be given to the company to purchase and hold lands 
 in England, which it may be expedient for them to acquire, in order to 
 their carrying the pur|M)aos of their incorporation into more complete 
 effect, and to dispose of such as may not be re<|uircd for such purposes ; 
 provided that the lands so purchased and held be not of more than the 
 annual value of £2,000. , 
 
 'i\./ !.:'t 
 
 COMMISSION to be granted to the Commissioners appointed to value 
 
 ,•., . .,, . the Lands in Upper Canada. 
 
 GEORGE THE FOURTH, by the grace of God of the United 
 Kingdom of Great Britain and Ireland, King, defender of the Faith, 
 and so forth ; To our trusty and well beloved Francis Cockbum, lieute- 
 nant-colonel in our army, 8imon M'Gillivray, Esquire, Sir John Harviy, 
 K.C.II. lieutenant-colonel in our nrmy, John Gait, Esquire, and John 
 Davidson, Esquire, greeting : WHEREAS we have deemed it expedi- 
 ent to cause an inspection and valuation to be made of the lands which 
 have been reserved to the use of us, our heirs and successors, in the town- 
 ships which were laid out previous to the first day of March 1824, in the 
 several districts of our province of Upper Canada, and which are usu- 
 ally known by the name and description of the Crown Reserves ; and 
 we have also deemed it expedient, that u similar inspection and valuation 
 should be made of one moiety of the lands reserved, within the several 
 townships aforesaid of our said province, for the support of a Protestant 
 Clergy. : Now know ye. That we,, being well assured of the loyulty, in- 
 tegrity, and skilfulness of you, the said Lieuteiiant-C<ilonel Francis Cock- 
 burn, Simon M'Gillivary, Esquire, Sir John Harvey, K.C.H. John Gait, 
 Esquire, and John Davidson, Esquire, Have nominated and appointed, 
 and Do hereby nominate and appoint you to be our Commissioners for 
 making the valuation aforesaid ; and we do hereby appoint you. the said 
 Lieutenant-Colonel Francis Cockburn, to be our senior or chief commis- 
 sioner for the purposes hereinafter mentioned : And we do hereby givo 
 and grant to you, and each of you, full power and authority to inspect 
 and value the several lands aforesaid : And for the better carrying into 
 execution and eftect the objects aforesaid, we do further give and grant 
 to you, and each of you, full power and authority to summon, and by all 
 lawful ways and means to compel the attendance before you, of all our 
 officers, civil and military, within our said province, when it may appear 
 
 to 
 
 w 
 
 \. 
 
INTENDED ARRANGEMENTS. 
 
 15 
 
 to yoa necessary or expedient to examine in or for the execution of this 
 our commiaoion : And we do further grant to you, as such cominissionera 
 as aforesaid, full licence, power, and authority to insiiect, and to cause to 
 be brought before you, all public maps, plans, charts, or otherofficial and 
 public papers and documents, of what nature ami kind soever, which may 
 be necessary or expedient for you to peruse, insi>ect or examine, as such 
 commissioners as aforesaid ; and in the execution of the duties hereby 
 committed to you, it is our will and pleasure, that you shall and do, in 
 all things, conform to such orders and instructions as shall or may bo 
 given to you, in that behalf, by our principal t^cretary of Btate having 
 the department of the Colonics ; And we do charge and command you, 
 when and so soon as you shall have completed such your valuation of the 
 lands aforesaid, to make a report thereof in writing to us, under your 
 hands and seals at arms ; And we do hereby command and require all 
 our officers, civil and military, and all other our loving subjects within 
 our said pi^vince, to be aiding and assisting you in the execution of this 
 our commission, as they will answer the contrary thereof at their peril. 
 Witness, Sir Peregrine Maitland [add his proper titles and designation] 
 at York Town, in the province of Upper Canada, this day of 
 
 1824, in the fifth year of our reign. 
 
 By His Majesty's command. 
 
 (Signed) PEREGRINE MAITLAND (l.b.) 
 
 U9U- 
 
 and 
 lation 
 ;veral 
 >stant 
 [y, in- 
 /ock- 
 Galt, 
 linted, 
 ]rs for 
 
 said 
 iniis- 
 
 givo 
 |ispect 
 
 into 
 J grant 
 Iby all 
 lill our 
 Ippear 
 to 
 
 INSTR UCTI0N8 to the Commissioners appointed to value the Lands 
 
 in Upper Canada. 
 
 Downing-street, 2gth Dec. 1824. 
 
 Gentlemen, 
 
 I Enclose for your perusal a copy of a document which on the 26th 
 ultimo, I communicated to the merchants and others who have aitsufia- 
 ted themselves together as a company for settling certain lands in the pro- 
 vince of Upper Canada. From this document you will learn what are 
 tlie nature of the arrangements into which 1 have entered with the propo- 
 sed company. Especially, you will perceive that it has been determined 
 to appoint five commissioners who are to proceed to the province, there 
 to make a valuation of the lands which the company are to purchase. — 
 You have been selected to be commissioners for this purpose, and there- 
 fore, in pursuance of the arrangement with the proposed company, ^ 
 proceed to give you such instructions as appear necessary for your guid- 
 ance in the execution of the trust committed to you. 
 
 1st. — 'You will proceed with all convenient dispatch to the province of 
 Upper Canada, and on your reaching the Town of York, you will report 
 your arrival to the lieutenant-governor, or officer administering the go- 
 vernment. . < 
 
 2d. — You will receive from the lieutenant-governor a commission un- 
 der the great seal of the province, authorizing vou to execute the duties 
 
 of 
 
 I \ 
 
 J=?' 
 
 *i- 
 
19 CANADA COMPANY-MINUTES OF 
 
 of your office ; and so soon as you have received timt commisaion, you 
 will enter upuu the diHcimrge of those duties. 
 
 ,'-'■' ^ ■' - 
 3d. — You will also receive from the lieutenant-governor, eommissioM 
 to act tlirougliout the province as justices of the peace ; you will, how- 
 ever, distinctly understand, that you are to be invested with that character 
 merely with the view of promoting the objects of your commission, and 
 therefore you will entirely abstain from exercising your powers as magis- 
 trates, except when it may bo necessary to make those powers subservi- 
 ent to the duo execution of your office as commissioners. 
 
 4th. — You will receive from the lieutenant-governor, and all Ilia Majes- 
 ty's civil and military officers in the province, such co-operation and assis- 
 tance as they may be able to render. Especially, directions will be given 
 to the proper departments of the colonial government, to lay before you 
 all public maps, charts, surveys, or admeasurements of the several districts 
 and townships in the province, with all other documents in the charge of 
 any of those departments fnim which any useful information can be deri- 
 ved, respecting the topography of the province ; the natural or artificial 
 divisions of it ; the value of lands throughout the several districts ; or re- 
 specting any other subject which it may be necessary for you, in your 
 character of commissioners, to investigate. 
 
 5th. — You will be allowed to take copies of any of the maps, charts, 
 surveys or documents mentioned in the preceding paragraph ; hut you 
 will consider yourselves as receiving such copies under a strict obligation 
 not to communicate them to any persons, nor to permit transcripts to be 
 made from them, either for the use of others or for your own use, ofter 
 your public duties have terminated. Before the commission is actually 
 closed, you will return all documents of this nature in your possession, to 
 the various public departments from which you may have received them. 
 You will, however, consider yourselves at liberty, in making the report sub- 
 sequently mentioned, to annex to it any copies of or extracts from any of 
 the said documents above-mentioned, which may seem to you necessary 
 to elucidate such your report. 
 
 Gth. — His Majesty's civil and military officers in the province, will fur- 
 ther be required to communicate to you all such information connected 
 with the object of the mission, as their personal knowledge may enable 
 them to affiird, with the exception only of such matters as they may con- 
 sider themselves bound under any obligation of official confidence and 
 secrecy to conceal. Whatever official communication may take place 
 between yourselves and any of the public departments of the province, 
 will pass through the medium of the lieutenant-governor, whom you will, 
 in every such instance, request to transmit your inquiries to the subordi- 
 nate officers of government, and through whom answers to such inquiries 
 will be communicated to you. 
 
 7th. — In the execution of the duties of your commission, you will un- 
 derstand that you are not separately and individually to represent the 
 particular party by whom you are appointed, so as to consider yourselves 
 as agents deputed to protect and promote the interest of either party as 
 opposed to that of the other ; but you will all regard yourselves as impar- 
 tial arbitrators, and as bound without affection or favour to make an 
 equal and impartial award upon the questions submitted to your decision. 
 
 8th. — For maintaining order and regularity in the performance of your 
 
 duties. 
 
rill un- 
 nt the 
 selves 
 rty as 
 mpar- 
 
 ake an 
 cision. 
 
 jf your 
 duties, 
 
 INTENDED ARRANGEMENTS. 
 
 IT 
 
 duties, nnd to obviato doubts and tniHconcoptioii an to the cfToct and na- 
 turo of your procvedinga, you will, from the day on which you rtnunvo 
 vour coniiniHxion, keep a regular journal of all your public traridactionti. 
 In tluH journal will bo outttrud, — IhI, a niiuutu of all deliberations held, 
 and of all ruHolutioiiH adopted at any meeting of th<; conuninHionerH. — 
 2d. A minute of every material occurrence which may happen in the ex- 
 ecution of your dutieH. 3d. If any one or more of the conuniHHioners 
 mIiuII diuaent from any reHohition of the majority, and shall conceive that 
 the Hubjdct in controverHV iit of adequate importance, he will be permitted 
 to enter upon the journal a minute containing the grounds and reasons of 
 his dissent. 
 
 9th. — A meeting of the commissionorH will be held once at the loost 
 in inery two weeks, when the minutes of the proceedings at their last 
 meeting, and of all subseijuent transactions, will be read over and con- 
 firmed or corrected, as may bo necessary ; all the commissioners will 
 subscribe their names to the minutes when ultimately confirmed, to ob- 
 viate any dispute resjiecting their authenticity. 
 
 ]Oth. — Yon will correspond ofllcially with this department only. Every 
 such commuiiiciition will, by this department, be transmitted to the oHiee 
 of the company in London, for the information of the directors, and all 
 oilieial communications which I may have occasion to make to you, will 
 also be previously communicated to the directors. All otlicial coiniiniiii- 
 catioiis from you to this department, must be made in the; name and on 
 behalf of the commissioners in general, and signed by the si'iiior commis- 
 sioner. If any one or more of the commissioners should think it ri^^ht 
 to make any oilieial communication in which the rest refuse to concur, 
 he will be at liberty to do so ; upon condition, however, that before; it is 
 actually transmitted to England, it be entered upon the journals, for tlio 
 perusal and consideration of the other members. No attention will bo 
 paid to any ofKcial communication which may be transmitted to tliis de- 
 partment, in violation of this regulation. All ofTicial commuiiicalions 
 from this department must be entered at length upon the journal. 
 
 11th. — In the event of the illness of any commissioner, or any ether 
 occurrence which for a lime may prevent his attending to the duties of 
 his office, the rest of the body will proceed in the execution of the com- 
 mission, postponing, however, the adoption of any formal resolutions until 
 the whole body can re-assemble and act together. The commissioners 
 at large will not be considered as assenting to or bound by any act or 
 resolution, which is not done or entered into, or subsequently approved, 
 at a meeting at which you shall all be present, nor unless at such meet- 
 ing, three at least of the commissioners concur in the vote for doing, en- 
 tering into, or approving such act or resolution. 
 
 12th. — At every meeting of the commissioners, the senior coinissioner 
 will preside as chairman. The secretary to the commission will be 
 charged with the duty of giving to the commissioners a written notice of 
 the time and place at which every meeting is to be held. 
 
 13th. — The written arrangement between this department and the pro- 
 posed company, has defined the nature of the duties which you are to 
 perform, and has settled, as accurately as possible, the principles by which 
 you are to be guided in performing them. Upon that subject, therefore, 
 I have only to refer you for your guidance to that document. 
 
 : 
 
 'I) 
 
 E. 
 
 14th.— 
 
 'I 
 
!• 
 
 CANADA COMPANY-MINUTES, Ac 
 
 14tli. — WIm'ii yuii liuvt) romplHcd yuur valuation of tlin lands to he 
 piircliam'd ity tlic (onipuny, voii will druw up a writti^n n^iHirt, Minting with 
 ail practicahlr |>r«-ci»ion, wimt aru tint narticulur liindM in t-acli townnhip 
 uliicli ur«! bi> Huld to tliu company, and Mtutin^ llio avoray^o pricu wliicn 
 Mucli IiiiuIh un> to bear ; hucIi avora^o bcin^ caleulati'd in lliu mannor 
 nnil upon tiif principlex nicntionod in tliu annuxiid niinulfHol'tho arrango- 
 intent with tin; ('aiiada C'oni|mny ; any hucIi report bi^ng approvod by 
 tlic ninjority of your niftnlM^rM, at a niuutin)/ at wliicli you aru all proaunt, 
 inuNt lit) adopii'd by you all ; and you will tliun cautu) throu copies ij)' it 
 to bo onKroMHt'd on parchniont, and iti^nud and Hoalod by <!acli of you— 
 ()iH> copy of lliis report, toKcilicr with your original journal, you will trat^a- 
 init to tluH department ; another copy of your report will be Hcnt to tlio 
 otiice of the company in London, and tho third to the liuutunant-govfrnor 
 of the province. You will makt; this re|M)rt bvtbru you 4|uit Upper Ca- 
 nada, and having; madu it, you will conHtdur your commiMHion an cloacd. 
 
 (Signed) 
 
 (I..S.) 
 
 DATIIUIIHT. 
 
 To 
 
 Lieutenant-Colonel Francin Cockbnrn, 
 Sinnm M'(iillivray, KjMpiire, 
 Lieiitenant-('olonel Hir John Ilarvcy, K.c.ii.c.o. 
 John (ialt, f'^Hquire, and 
 John DuvidHon, ]:)d4uiro. 
 
 Colonial Department, Downing i^trcet, 
 'JOth May, 11325. 
 
 R. W. HORTON 
 
 4i 
 
it ■^-'•"i *r' '-'^ 
 
 ANNO HEXTO 
 
 GEORGIl IV. REGIS. 
 
 CAP. LXXV. 
 
 An Act to cnnblo His Majesty to jjrant to a Company, to bo in- 
 cor|)oriitr'J l)v ('liurtur, to bo cuIUmI " Tlio Canada Company," 
 certain Lutiuit in tho I'ruvinco of Upprr Canada, and to i ivoHt 
 tlifl aaid Company with certain i'owurH and Privileges, and fur 
 otiier purposes relating thereto. 
 
 [27th Jtmr, li .-5.] 
 
 \VllEREAS by an Act passed in the Thirty-first Year ol lie 
 Reign of His late Majesty, intituled " An Act to rfinal cerUiiH!i\QZc%\ 
 Part* of an Act pasted in the Fuurtccnth Y'lar of His Majritij's 
 Rtign, intituled ' An Act for making more effectual Procisioa 
 for the Gocernmint of the Province oy" (Quebec, in North Ameri 
 ca, and to make further provision for the Governnunt of the said 
 Province,''^ it was enacted, that it should and might be lawful for 
 His Majesty, His Heirs or Huccessors, to authorize the Governor 
 or Li(!Uten.<int Governor of each of the said Provinces of Upper 
 and Lower Canada respectivtdy, or the p«!rson a(Jmiiiistering tho 
 Government tiierein, to make, trom and out ot the Lands of tho 
 Crown within such Province, such allotment and u|)propriation of 
 Lands for the support and muiiitcnauce of a Protestant Clergy 
 within the same, as might bear a due proportion to the amount of 
 such Lands within the same, as had ut any time been granted by 
 or under the authority of His Majesty : and that whenever any 
 grant of Lands witiiin either of the said Provinces should thereaf- 
 ter bo mside, by or under the autiiority of His Mujt;sty, His Heirs 
 or Succ'T'saors, there should at any time be made in respect of tho 
 same a proportionable allotment and appropriation of Lands for 
 the above-mentioned purpose within the township or parisii to 
 which the Lands so to be grunted shoultl appertain or be annex- 
 ed, equal in value to the seventh part of the Lands so granted : 
 And whereas in pursuance of the said Act such proportionable 
 alli'tmeuts and appropriations of Lands as aforesaid have from 
 time l>) time been reserved for the purpos(!s therein mentioned, 
 which Lands are known by the name of " The Clergy Reserves :" 
 And wl'trea?* the greater part of the said Clergy Reserves in the 
 Boid Pr^vinre of Upper Canada have ever since continued, and 
 ar«: now waste and un[)roductivc ; and it is expedient that means 
 
 should 
 
 f 
 
so 
 
 ii 
 
 Gtli GEOIlGIl IV. CAP. 75. 
 
 hIioiiU] b(! adopted fur clcniiii;^ and cultivatinrr tho said Lnnd», 
 uiid for tliiu purpoao llis Majesty should be autltorisod to sell 
 and dispose of certain parts tiiereof to the Company to be estab- 
 lished as hero mentioned : And wherous certain other Lands in 
 the said I'rovince of Upper, Canada liave been reserved for tho 
 use of Ilia Majesty, and arc known in tiie said Province by the 
 name of " The Crown Rcser^'cs :" And whereas divers persons 
 liavo united together to establish a Company for purchasing, im- 
 proving, settling, and disposing of Lands in Upper Canada, and 
 especially for |)nrchasing and settling the whole of the before- 
 mentioned Lands known by the name of " The Crown Reserves," 
 ii!ul such parts of the said Lands known by the name of " The 
 Clergy ll<'scrves," as llis Majesty may be; so authorized to sell 
 and convey to them, nnd for such other lawful purposes as to His 
 Majesty shall seem meet ; nnd the said Persons have, in order to 
 carry siu'li purposes intoeflect. subscribed a Ca|)ital of One Mil- 
 lion I'ounds sterling, upon which the sum of Ten Pounds per 
 Centum has been paid by the several Subscribers ; and they 
 have humbly besought llis Majesty to grant to them a CImrtor of 
 Incorporation : rJi.' it therefore enacted, and it is hereby enacted 
 by the King's most Excellent Majesty, by nnd with the advice 
 and consent of the Lords 8]>irituid and Teni[)oi'al, and Commons, 
 in this present Parliament assembled, and by the authority of the 
 sanuj. That in case His Majc'sly shall, within Three Years after 
 the passing of this Act, be pleased, by Charter of Incorporation 
 under the (ireat Seal of (heat Jiritain and Inland, to declare 
 and grant that such and so many persons as shall be named 
 therein, and all and every such otlusr person or persons as from 
 time to time shall be duly admitted Members into their Corpora- 
 tion, shall be a Body Politic and Corporate, by the name of" The 
 Canada Company," and to declare that the said Corporation so 
 to be made and created shall be established for the purpose herein- 
 bc'fore mentioned, and for such other lawful purposes as to His 
 Majesty may seem meet, then and in that case it shall and may 
 bo lawful tor the said Corporation to hold to them and their suc- 
 cessors such Lands, Tenements, and Hereditaments within the 
 said Provinces, as shall or may be granted by His Majesty to them 
 and their Successors within tho said Provinces, or as, subject to 
 the restrictions herein-arter mentioned, shall be contracted for 
 nnd purchased or acquired by them therein; and to hold, alienate, 
 sell, ant! dispose, of all such liands, Tenements, and Heredita- 
 ments, nj)on, under, and subject to such conditions, provisoes, 
 limitations, atui restrictions, as His Majesty by such His Charter 
 may in)pose, direct, or prescribe. 
 
 iiuMaic«- If. And be it further enacted. That His Majesty shall be, and 
 lotmniw- He is heri;l»y j^mpowered to sell and convey to the said Comi)uny 
 Unw'i;nii "'"' *'"''''^ Succcssors, iu l*Y'e Simple, for such valuable conside- 
 <iiciei((y rations as shall be agreed upon between His Majesty and the said 
 itcscivoj, Coni[)any, us He shall deem exptidient, and upon such conditions 
 and with and subject to such restrictions, limitations, and provi- 
 soes as His Majesty may be nleastul to impose. One etpial Half 
 Part ,and no more, of the said rt;served Lands in the Province of 
 Upper Canada, called " The Clergy Reserves," lying in those 
 Townships of the said Province which on or before the First day 
 of Afareh one thousand eigiit hundrt^d and twenty-four were ac- 
 tually laid out in any of tliu several Districts thereof: Provided 
 
 always,. 
 
 ir IIIsMn- 
 ji-!ily hlialt 
 
 t'liiiiirr, 
 till' Ciiliii- 
 <!ii C(iin|ia- 
 lly liiii,v 
 hold LuilU^ 
 fcc. 
 
6tli GEORGII IV. CAP. 75. 91 
 
 always, that tho several portions of the said Clergy Reserves 
 which have been granted or demised to any pcrso:. or persons by 
 any lawful authority, or which have brun occupied under any Li- 
 cence or promise made or given by any lawful authority, or which 
 have been specially appropriated or set apart for any public pur- 
 poses, or wiiich have been occupied by any person or persons 
 without disturbance for a period of Ten Years, shall not, for the 
 purposes of any such grant or conveyance, be considered as form- 
 ing any part of tho Clergy Reserves, whereof one moiety may be 
 so sold and conveyed to tho said Company as aforesaid : Provi- 
 ded also, that the purchase money which shall be paid by tho 
 said Company, for the Lands so to be granted to them, in what- 
 ever securities tho same may be vested, shall be appropriated 
 exclusively to the Support and Maintenance of a Protestant Cler- 
 gy, and shall be in the place of, anr^ remain to the same uses, and 
 for the same purposes, to and for which the said Clergy Reserves 
 have by virtue of the above recited Act been allotted and appro- 
 priatecl : Provided also, that nothing herein contained shall bo 
 deemed or taken to limit or restrict any other grant by His IVIa- 
 jesty to the said Company, which by His Majesty's lioyal Pre- 
 rogative he is authorized and empowered to make, or to restrict 
 or prevent the said Company from taking, accepting, and enjoy- 
 ing the same, in as full, ample, and beneficial a manner as His 
 Majesty moy be pleased to direct. 
 
 HL And be it further enacted. That in case His Majesty shall 
 see fit to set apart ond appropriate in the said Province of Upper 
 Canada other waste Lands of and belonging to His Majesty, of 
 equal value with that part of the said Clergy Reserves which His 
 Majesty is so empowered ns aforesaid to sell and convey to tiie 
 said Company, it siiall and may be lawful for His Majesty, and 
 He is hereby empowered by any order to be by Him for that pur- 
 pose made, by and with the advice of His Privy Council, to de- 
 clare, that the Lands so set apart and appropriated shall thence- 
 forward be substituted and exchanged for such last mentioned 
 part of the said Clergy Reserves ; and then and in that case such 
 substituted Lands shall, from and atler the issuing of any such 
 order, be held, set apart, and appropriated upon, for, and to such 
 and the same uses, trusts, intents, and purposes upon, for, and to 
 which the said Clergy Reserves are now held, set apart and ap- 
 propriated. 
 
 IV. And whereas it may be necessary for the purpose of rais- simrc. lo 
 ing the Capital for the proposed undertaking, with a view to the "j^'j'^"", 
 accomplishment of tho beneficial objects aforesaid, to vest in the " 
 
 said Company such powers and privileges as cannot be granted 
 without the aid of Parliament ; Be it tiierefore enacted, That the 
 shares in the said undertaking, and in the profits and advantages 
 thereof, shall be and be deemed Personal Estate, and as such 
 personal estate shall be transmissible accordingly. 
 
 V. And be it further enacted. That if any Subscriber, or any Subsm. 
 Proprietor or Proprietors of any share or shares in the said Com- [{!'",[,"/"'■ 
 pany, his or their executors, administrators, successors, or assigns, sh«r.'8 in 
 shall neglect or refuse to pay his or their part or portion of the "«}","!.'„"' 
 Money to be called for, in such manner as may be directed by of t«ii«. 
 
 Letters 
 F. 
 
 Hii Majei- 
 ly may 
 substitute 
 ilicr Land 
 for the 
 liundi call 
 rd Clergy 
 Kcservi'i. 
 
22 Cth GEORttU IV. CAP. 75. 
 
 Letters Patent, to be granted as aforesaid, during the space of 
 six calendar montlis next after tiie time appointed for payment 
 thereof, to^etiier with lawful interest from the appointed time of 
 payment, then and in every such case such person or persona. 
 Bodies Politic or Corporate, so neglecting or refusing, shall abso- 
 lutely forfeit a!i his or their share or shares in the said Com- 
 pany, and all profits and advantages thereof, and all Money 
 theretofore advanced by him, her or them, on account thereof, to 
 und for the use and benefit of the said Company ; and all shares 
 which shall or may be forfeited shall or may at any time or timca 
 thereafter be sold at a public sale, for the must money that can be 
 gotten for the same, and the produce thereof shall go to and make 
 part of the capital stock of the said Company ; and such share or 
 shares, forfeited and sold, shall be assigned and transferred to the 
 purchaser by an instrument under the common seal of the said 
 Company, in the manner required upon other transfers ; but no 
 advantage shall be taken of such forfeiture of any slmre or shares, 
 until the same shall be declared to be forfeited at some general 
 or special meeting of all the said proprietors, which shall be held 
 not earlier than six calendar months next after the said forfeiture 
 shall happen , and that every such forfeiture so to be declared 
 shall be nn absolute indemnification and discharge to and for the 
 proprietor or proprietors, or his, her or their, executors, adminis- 
 trators, successors and assigns, frcm all liability in respect thereof. 
 
 siiarn not VI. And bc it further enacted. That after any call for money 
 
 tlii'caiu'' ^''*" '"***^ ''*®^'" '"'**^® *"'' become due and payable by virtue of 
 iiaiii. the provisions which may be introduced for that purpose in any 
 Charter or Letters Patent to be granted as aforesaid, no person 
 or persons, bodies politic or corporate, simll sell or transfer any 
 share or shares which he, she, or they shall posess in the said 
 stock of the said Company, until the money so called for in re- 
 spect of his, her, or their share or shares intended to be sold shall 
 be paid, and until such money so called for shall be paid, any 
 such sale or transfer of any share or shares shall be void ; and 
 all and every person and persons, body politic and corporate, 
 making default therein, shall be subject and liable to forfeit such 
 his, her, or their share or shares in the said Company, to and for 
 the general benefit of the said Company, unless he, she or they, 
 .shall at the time of such sale or transfer pay to the Banker of the 
 Kaid Company, or such other person or persons as the Court of 
 Directors, for the time being, shall appoint to recf ive the same, 
 the full sum of money called for upon every share so to be sold 
 or transferred ; such forfeiture to be first notified and declared 
 in such manner as may be directed with respect to the forfeiture 
 of shares for not answering the calls to be made thereon as afore- 
 said. 
 
 VII. And bc ii further enacted, That the said Company may 
 
 f"nn.is''in ^'^ '^"'^ '^^^ hcrcby authorized to purchase, take, hold and sell, all 
 
 miy'imri Lands, Tenements und Hereditaments, situate in Grmt Britain 
 
 Ireland, or in the said Provinces of Upper Canada and 
 
 Lower Canada, which it may be necessary or convenient for the 
 
 said Company to acquire, in order to carry the purposes aforesaid 
 
 into more complete effect ; provided that such Lands, Tenements 
 
 and Hereditaments, as may bc purchased in Great Britain and 
 
 Ireland, bc not altogether of more than the value of five hundred 
 
 pounds 
 
 Compnny 
 
 ji'sty ft U(>- 
 minions. 
 
 I.iinitalion 
 of the va- 
 lue of the 
 Landk to 
 
Cth GEORGII IV. CAP. 75 
 
 23 
 
 for 
 
 ley, 
 
 ihe 
 
 of 
 
 sold 
 
 lure 
 jre- 
 
 lay 
 
 .all 
 
 tain 
 
 land 
 
 Ithe 
 
 paid 
 pnto 
 [and 
 Ircd 
 Ms 
 
 f> 
 
 pounds ^«r annum at tho time of tlio purclm»c ; and also provided, •»(! purchi- 
 tiiat any sucii purchases as aforesaid in tho said Provinces of Up- 
 <er Canada and Lower Canada, be of sucii annual value only aa 
 lis Majesty by such His Cliarter or Letters Patent, or by any 
 order or orders to be by him isiucd with the advice of His Privy 
 Council may from time to time authorize and direct, and be made 
 in conformity with the local Laws and Statutes in force in those 
 parts of His Majesty's Dominions in wiiicii the Land so to be 
 purchased may be situate ; and tiie said Company may do all o- 
 ther acts and thin<rs in relation to the premises, in all respects as 
 beneficially as any other Body politic or corporate, or any Subject 
 of this Realm, is by Law entitled to do. 
 
 VHL And be it further enacted. That all conveyances which convcyan- 
 shall be made by the said Canada Com])any, to any individual or urnt to be 
 individual««, o^ any part of the Lands to be granted to, or pur- j"^|',J^/°'" 
 chased, or held by the said Company in the manner and subject to ° '"'' 
 the restrictions atbrcsuid, shall and may be made according to 
 tho form following, or as near thereto as the circumstances of the 
 case will admit ; (that is to say), 
 
 .\Y^K the Canada Company, incorporated under and by virtue Form. 
 ' of an Act made and passed in the Sixth Year of the Reign of 
 
 * His Majesty King George the Fourth, cntituled " Ah Act tocnn- 
 
 * hie Ilia Mujegtij to grant to a Company, to he incorporated hy 
 ' Churter, to he called " The Canada Company," certain Lands 
 
 * in the Province of Upper Canada, and to invest the said Com- 
 
 * pany with certain powers and privileges, and for other purposes 
 ' relating thereto, in consideration of the sum of to 
 ' us paid, do hereby grunt and release to all 
 
 * and all our right, title and interest, to and in the same, and every 
 
 * part thereof ; to have and to hold unto the said 
 ' and his heirs for ever.' 
 
 And every such conveyance shall be valid and effectual in Law, 
 to all intents and purposes whatsoever. 
 
 IX. And bo it further enacted, That a copy of His Majesty's chancrto 
 Charter of Incorporation, being duly verified on oath before one of ^JJj'^;"!^'' 
 the Masters in Ordinary of the High Court of Chancery at IVest- teted. 
 minster, shall be transmitted to the Governor or Lieutenant-Go- 
 vernor of the said Province of Upper Canada and the said Pro- 
 vince of Lower Canada, and registered in the office of the (/hief 
 Secretary of each of the said Provinces ; and such registry, or 
 
 copy thereof, shall within tho said Provinces respectively be and 
 be de<;nied and taken to be good and sulficient evidence of the 
 contents of such Charter of Incorporation, to all intents and pur- 
 poses. 
 
 X. And be it fiirtlic^r enacted, That this Act shall bo deemed PuMIcAci 
 and taken to be a Public Act, and shall extend to and be in force 
 
 in the said Provinces of Upper (Xanadu and Lower Canada, and 
 shall be judicially taken notice of as such by all Judges, Justices, 
 and otiiers in the United Kingdom aforesaid, and in the said Pro- 
 vince, without being specially pleaded. 
 
COPY OF THE 
 
 ARRANGEMENTS, 
 
 WADE AND C(jjlQf.lJDED BETWEEN 
 
 HIS MAJESTY'S GOVERNMENT, 
 
 AND THE 
 
 CANADA COMPANY, 
 
 SIR, 
 
 Canada House London, 
 3d October J 826 
 
 Mr. Galt, who has been appointed by the Directors of the Canada 
 Conapany to proceed on a special mission to Upper Canada, will have 
 the honor of dehvenng this letter, and he is instructed to convey the 
 strongest assurances of the personal respect of every member of the bourt 
 for the character and government of Your Excellency. 
 
 The Directors are convinced that the interests of their important estab- 
 hshment are .dent.fied with the prosperity of Upper Canada, which under 
 the auspices of Your Excellency has acquire/ so many advantages and 
 attracted such distinguished attention, and that their interests will be 
 best promoted by a liberal co-operation in every measure calculated to 
 advance the general improvement of the Province. This sentiment they 
 wil always impress on their officers and servants, and they are assured 
 that in those transactions to which Mr. Gait may have occasion to solick 
 the consideration of Your Excellency, he will LperienceTvery fac ity 
 which the subject may require or he can possibly expect.-By the autho- 
 rity of a Court of Directors held this dayT "yiiicauuio 
 
 I have the honor to be, 
 
 Sir, 
 
 Your Excellency's most humble and veryobd't. serv't 
 (Signed) JOHN HULLETT, 
 
 To flis Excellency Sir Peregrine Maitland, > Ghaimmn. 
 
 K.C.B. Lieutenant Governor of Upper > 
 Canada, &c. &c. &c. \ 
 
 (-1 Downing 
 
96 
 
 ARRANGEMENTS, &c. 
 
 Downing Street, 2M May, 1826. 
 
 ii!i 
 
 At a moeting held this day nt the Colonial office at which Lord Batli- 
 urHt and Messrs. Downio, Hullctt, Fullerton, McGillevray, Logan and 
 Gait, were present, the followin,<^ arrangement was made and concluded 
 between Lord Bathiirst, on hclmlf of His Majesty's Government, and the 
 said Messrs. Downie, Hullett, Fullerton, McGillevray, Logon and Gait, 
 on behalf of the Canada Company. 
 
 1st. — It appearing from the award of the Commissioners that the Cler- 
 gy lloservos valued by them, compri8ed^-9,43() Acres, and those Lands 
 being valued at three shillings and ^t^M^cncc, current money of Upper 
 Canada, per acre, the Canada Company would have to pay to His JNla- 
 jfsty's Government the sum of £145,150 ,5s Od current money of Upper 
 Conuda, if those Clergy Reserves had been conveyed to them. la lieu 
 of the before mentioned JJ!2l),4l<0 acres. His Majesty's Government will 
 grant and convey to the Canada Company, for die same price of £145,150 
 5s Od currency, a block of land containing one million of acres, in the 
 territory lately purchased from the Indians, in the London and Western 
 Districts. 
 
 2(1. — One third part of the ))efore mentioned sum of £14.5,150 5s Od 
 currency shall be expended In the Canada Comjiany in public works and 
 improvements within the saici block of land, and the remaining two third 
 parts only of the said sum of £145,150 5s Od currency shall be actually 
 paid to llis Majesty's Government. 
 
 3d. — By the terms "public works" and "improvements" will be un- 
 derstood, canals, bridges, high-roads, churches, wharves, school-houses, 
 and other works undertaken and calculated for the common use and 
 benefit of His Majesty's Subjects resident within that pait of the Pro- 
 vince of Upper Canada, in contradistinction to works intended for the 
 use and accommodation of private persons. 
 
 4th. — The plan and estimate of every such undertaking will originate 
 with the company, and must be invariably submitted by them to the Go- 
 vernor in Council, prior to his consent being given, that the expense of 
 such undc king shall be received in part of payment ; and in the event 
 of any diflerence of opinion arising between the company and the local 
 government respecting the advantage or expen'^c of any such projjosed 
 undertaking, or respecting the time or mode in which the same may 
 most conveniently be carried into execution, the question is to be referred 
 to the Secretary of State, whose decision shall be final. 
 
 5th. — Upon the completion of any such undertaking, the company shall 
 lay before the Governor in Council a statement of the cost incurred by 
 them in eft'ecting the same, and if the Governor and Council shall deem 
 such work to have been duly executed according to the plan upon which 
 the estimate was founded and in such a maimer as was intended at the 
 time that the estimate was formed, the company shall be allowed credit 
 in account for the amount actually expended, provided it has not exceed- 
 ed the estimate. If, however, the expense should in any instance exceed 
 such estimate, and the (Jovernor in Council shall deem such excess to 
 have been justified by special circumstances, the company shall in that 
 case also be allowed credit in account for the amount actually expended, 
 provided such sums do not excc(;d in the wJioIe one third of the said pur- 
 chase monev of the said million acres. 
 
 nth— 
 
ARRANGEMENTS, &c. 27 
 
 Gth.— Tho block of 1,000,000 acres of land to bo allowed to the com- 
 pany, shall be selected by them from such part of the lands, lately pur- 
 chased from tho Indians, as are situated in the London and Western 
 Districts. The block shall be marked out by the Surveyor General or 
 his deputies, and shall approximate to the form of some regular mathe- 
 matical figure as nearly as may be, consistently with preserving any well 
 defined natural land marks or boundaries. 
 
 7th. — The provisions contained in the original contract of the 2Cth 
 November, 1824, respecting the resumption of lands by His Majesty 
 for public services : and generally, all the provisions contained in those 
 arrangements for the security and benefit of the public, shall be applied 
 to, and affect the lands to bo substituted for the Clergy Reserves. 
 
 8th. — The block of one million acres of land will be surveyed, ond a 
 road will be made through the blocks of Clergy Reserves in the District 
 of Gore, such survey and road will bo made nt the expcnce of His Ma- 
 jesty's Government. 
 
 The company shall be allowed sixteen years, to commence from 1st 
 .Tuly, 1820, for the fulfilment of their contract with Ilis Majesty's Go- 
 vernment. 
 
 pur- 
 hth.— 
 
 9th. — In substitution for the proviiiiions contained in the minutes of the 
 agreement respecting tho mode of paying the purchase money to His 
 Majesty's Government, it is agreed that the company shall pay — 
 
 In the year commencing tho 1st Julj-, 1826, and 
 
 ending the 1st July, 1827, .... £20,000 
 
 In the year ending the Ist .luly, 1828, . . . 15,000 
 
 In the year ending the Ist .Tulv, 1829, . . . 15,000 
 
 In the year ending the 1st July, 1830, . . . 15,000 
 
 In the year ending the 1st July, 1831, . . . 16,000 
 
 In the year ending the 1st July, 1832, . . . 17,000 
 
 In the year ending the 1st July, 1833, . . , 18,000 
 
 In the year ending the 1st July, 1834, . . . 19,000 
 
 In the year ending the 1st July, 1835, . . . 20,000 
 And in each of the seven succeeding years the like sum of £20,000. 
 
 1 0th. — The sums above mentioned are the amount of what the Cana- 
 da Company is actually to pay to His Majesty's Government, and do not 
 include the sums which they are to invest in public works and improve- 
 ments in the block of land in the London and Western Districts. 
 
 The preceding sums are the greatest amount which in each of the 
 years above mentioned, the Canada Company shall be obliged to pay to 
 His Majesty's Government; but this arrangement is not to prejudice the 
 right of the Company to lay out any greater sums of money in any of 
 those years according to the terms of tlic original contract. 
 
 11th. — In the year ending the Isi July, 1843, the company shall cither 
 take up on the terms already stated all the lands then remaining to be 
 taken up, or shall terminate the contract and abandon all claim to such 
 lands as have not at that time been taken up by them. 
 
 12th. — If any of the lands to be sold to the company shall be alleged 
 by them to be altogether unfit for cultivation, either in arable or in |ias- 
 
 turage, 
 
•2« 
 
 ARRANGEMENTS, &c. 
 
 turagc, nrbitrators shall bo appointed in the manner prescribed in the 
 31t)t article of the original cuutract; and auch arbitrators shall decide 
 both whether such lands, or any of them, are totally unlit for cultivation, 
 and what is the amount of the compensation or eouivalent to be allowed 
 to the company in respect of any such lands ; and the lands which shall 
 have been thus decided to be totally unKt for cultivation, shall be thence> 
 fortii considered us having lapsed to the Crown, and belong exclusively 
 to the Crown. 
 
 13th. — Lord Uathurst will immediately take the necessary measured 
 for completing the cliarter of the company with all practicable despatch. 
 
 Lord Bathurst does not consider that the formation of high-roads 
 would be a legitimate application of money within the meaning of 
 clause No. 3, except in those peculiar and special cases in which the 
 formation of the road may be directly conducive to the public interest of 
 the province, and his Lordship will instruct the jjieutenant Governor, that 
 he is to approve of expenditure on high-roads under this clause only in 
 those cases where such general interests may be promoted by the under- 
 taking. 
 
 (Signed) 
 
 BATHURST. 
 
 
I the 
 icido 
 Ltiun, 
 jwed 
 aiiall 
 ence- 
 lively 
 
 .Hurei 
 tatch. 
 
 roads 
 ng of 
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 OBt of 
 
 r, that 
 inly in 
 uider- 
 
 
 CANADA COMPANY'S CHARTER. 
 
 '» 
 
 1^. 
 
 GEORGE the FOURTH, by the Grace of GOD, of the United 
 Kingdom of Great Britain and Ireland, King, Defender of the Faith, 
 aud so forth. 
 
 To all to whom these presents shall 
 
 como. 
 
 GREETING : 
 
 W HERE AS, in and by a certain Act of Parliament, made and passed 
 in the sixth year of our reign, entitled " an Act to enable Mis Majesty to 
 grant to a company to be incorporated by charter, to be called, " the Ca- 
 nada Company," certain lands in the province of Upper Canada, and to 
 invest t!ie said company with certain powers and privileges, and fur other 
 purposes relating thereto," after reciting, among other things, that divers 
 persons had united together to establish a company fur purchasing, im- 
 proving, settling, and disposing uf certain lands in the province of Upper 
 Canada, and for other lawful purposes ; and in order to carry into ctlect 
 the purposes aforesaid, had subscribed a capital of one million pounds, 
 sterling, upon which the sum often pounds per centum had been paid by 
 the several subscribers, and had humbly besought us to grant to them a 
 charter of incorporation ; it was enacted, that in case we should, within 
 three years ailerthe passing of that act, be pleased, by charter of incorpora- 
 tion, under the great seal of Great Britain and Ireland, to declare and grant 
 that such and so many persons as should bo named therein, and all and e- 
 very such other person or persons as from time to time, should be duly ad- 
 mitted members into their corporation, should be a body politic and corpo- 
 rate by the name of ' The Canada Company,' and to declare that the said 
 corporation, so to be made and created, should be established for the 
 purpose thercin-before mentioned, and for such other lawful purposes as 
 to us might seem meet ; then and in that case it should, and might be 
 lawful for the said corporation to hold, to them and their successors, 
 such lands, tenements, and hereditaments, within the province of Upper 
 Canada, and Lower Canada, as should or might be granted by us to 
 them and their successors, within the said provinces, or as (subject to the 
 restrictions hereinafter mentioned) should be contracted for, and pur- 
 chased, or acquired by them therein, and to hold, alienate, sell and dis- 
 pose, of all such lands, tenements, and hereditaments, upon, under, and 
 subject to such conditions, provisoes limitations and restrictions, as we 
 by such our charter might impose, direct, or prescribe ; and further pro- 
 visions were in and by the said act of parliament made for raising the 
 capital of the said company, and for transferring the shares, and for othov 
 matters therein mentioned. 
 
 Now know ye, thot upon the prayer of the severol persons hereinafter 
 named, and others, and also of our special grace, certain knowledge and 
 mere motion, we have given, granted, made, ordained, constituted, de- 
 clared and appointed, and by these presents for us, our heirs and succes- 
 sors, do give, grant, make, ordain, constitute, declare and appoint, thai. 
 Charles Bosanquet, Esquire, William Williams, Esquire, Robert Bid- 
 dulph. Esquire, Richard Blanchard, Esquire, Robert Downey, Esquire, 
 
 John 
 H. 
 
90 
 
 THE CHARTER. 
 
 flii^ 
 
 ;!!■ 
 
 !ii 
 
 Jolin Eastliope, Esquire, Edward Ellice, Esquire, James William Fresh- 
 field, Esquire, John Fullarton, Esauire, John Gait, Esuuire, Charles 
 David Gordon, Esquire, William Hibbert, the younger, Esquire, John 
 Hodgson, Esquire, John Hullctt, Esquire, Hart Logan, Esquire, Simon 
 McGillivray, Esquire, James McKillop, Elsquiro, John Musterman, Es- 
 quire, Martin Tucker Smith, Esciuire, and Henry Usborne, Esquire ; to- 
 gether with such and so many other person or persons, bodies politic or 
 corporate, as have become, or shall at any time hereafter become, sub- 
 scribers or shareholders of or for the capital stork hereinafter mentioned, 
 in manner hereinafter provided, and their respective successors, executors, 
 administrators and assigns ; and such other person or persons, bodies 
 politic or corporate, as shall from time to time be possessed ot, or en- 
 titled to, such shares as are hereinafter provided, shall be one body poli- 
 tic and corporate, in deed and in name, by the name of " The Canada 
 Company, and by that name shall and may sue and be sued, implead 
 and be impleaded, in all courts whether of luw or equity, and shall have 
 peqMituul succession, with a common seal, which may by them be changed 
 or varied at their pleasure. 
 
 And we do declare tlmt the said corporation shall be, and is established 
 for the purpose of purchasing, holding, improving, clearing, settliiig, and 
 disposing of waste and other lands in our province of Upper Ctnado, 
 and for making advances of capital to settlers on such lands for thH open- 
 ing, making, improving, and maintaining roads, and other internal com* 
 municationa for the benefit thereof, and for promoting the cultiv>\tion of 
 such articles as can advantageously be exported from the said province, 
 and for the other purposes hereinafter mentioned, with all such powers, 
 privileges and authorities, as are in and by the said act of parliament 
 contained and expressed. 
 
 And wo do further declare and ordain, that the present capital or joint 
 stock of the said company, to be used and applied in establishing and 
 carrying on the said undertaking, and for the pur|>(( <e3 aforesaid, shall be 
 a sum of not exceeding one million pounds sterling ; to be raised in shares 
 of one hundred pounds each : and that the shares in the said undertaking, 
 and the profits and advantages thereof, shall be and bo deemed personal 
 estate, and as such personal estate, shall be transmissible accordingly. 
 
 And we do further declare and ordain, that all and every person and 
 persons, bodies politic or corporate, by or from whom any subscription 
 shall be made or accepted, or any payment made pursuant to the provi- 
 sions herein contained, for that purpose, for or toward the raising of the 
 said capital sum of one million pounds, as aforesaid, his, her, or their 
 successors, executors, administrators and assigns, respectively, (no such 
 subscription being less than one hundred pounds) shall have and be en- 
 titled to a share of and in the said capital or joint stock of the said com- 
 pany in proportion to the monies wliich he. she, or they shall have so 
 contributed towards making up the same, and shall have and be entitled 
 to a proportionable share of the profits and advantages attending the 
 capital stock of the said company, and shall be admitted to be a proprietor 
 or proprietors of and in the same. 
 
 And we do further dev';lare and ordain, that the said company, or the 
 directors to be appointed by virtue of this our charter, shall cause the 
 names and designations of the several persons and bodies politic and 
 corporate who have subscribed for, or may at any time hereafter be en- 
 titled to, a share or sharea in the said company, with the number of such 
 
 share 
 
THE CHARTER. 
 
 31 
 
 ■hare or sharei, and also the proper number bjr which every niiu/n >haU 
 be diitinguiihed, to be fairly and dietinctly entered in a booli or books, to 
 be liept by their clerk or secretary. i < ■- 
 
 And we do Airthor declare and ordain, that the seTeral persons, bodies 
 politic or corporate, who have subscribed for and towards the said capital, 
 or who shall at any time hereafter have or hold any share or shares in the 
 same, shall, and they are hereby required to pay the sum or sums of mo- 
 ney by them respectively subscribea, or such parts or proportions thereof 
 as shall from time to time be called for, pursuant to or by virtue of the 
 powers and directions of this our charter at such times and places, to such 
 person or persons, and in such manner as shall be ordered and directed by 
 any court of directors for the time being of the said company ; and in case 
 any person or persons, bodies politic or corporate, shall neglect or refuse 
 to pay any sucn sums of money, at such times and in such manner as shall 
 be ordered and directed by the court of directors as aforesaid, it shall be 
 lawful for the said company to sue for and recover the same, together 
 with lawful interest, from such appointed time of payment, from such 
 person or persons, bodies politic or corporate : or in cases where two or 
 more persons, bodies politic or corporate, shall have jointly subscribed for, 
 or be jointly possessed of, any one or more share or shares in the said 
 company, then from all, any or either of such persons, bodies politic or 
 corporate. 
 
 And we do further declare and ordain, that whenever two or more per- 
 sons, bodies politic or corporate, shall be jointly possessed of, or entitled 
 to, any share or shares in the said company, the person whose name shall 
 stand first in the books of the said company as proprietor of such share or 
 shares, shall, for all the purposes of the said company, and of this our 
 charter, be deemed and taken to be the owner or proprietor of such share 
 or shares ; and all notices required to be given to the owner or propri- 
 etor of any share or shares in the said company, shall or may be given to 
 or served upon such person or body whose name shall so stand first in 
 the books of the said company ; and such service upon such person or 
 body shall be deemed and taken to be a service upon all the owners or 
 proprietors of such share or shares, for all the purposes for which such 
 service is intended to be made upon the owners or proprietors of such 
 share or shares ; and all such owners or proprietors shall be entitled to 
 give their vote or votes, in respect thcreot, by the person or body whose 
 name shall stand first in the books of the company, as such proprietor of 
 such share or shares, and his vote shall on all occasions be deemed and 
 allowed t0 be the vote for and in respect of the whole property in such 
 share or shares, without proof of the concurrence of the other proprietor 
 or proprietors of such share or shares. 
 
 And we do further order, declare, and ordain, that it shall be lawful 
 (or the several proprietors of the said company, their executors, succes- 
 sors and assigns, to sell and transfer any share or shares, of which they 
 shall respectively be possessed, and every such transfer shall or may bo 
 in the form and to the effect following, that is to say :— 
 
 (I or we) of in consideration of paid to (me or us) 
 
 by of do hereby bargain, sell, assign, and transfer unto the said 
 the sum of capital stock of and in the undertaking called 
 
 the Canada Company, being (share or shares) (number or numbers) 
 in the said undertaking, to bold to the s.iid executors, administra- 
 
 tors, or assigns, subject to the same rules, orders and legidations, and 
 
 on 
 
32 
 
 THE CHAIITER. 
 
 I 
 
 1 1 
 
 fli 
 
 ;iii: 
 
 Hiii 
 
 on tiio same condition* that (I or wo) h(;ld tlio tamo immodiatoly bnforc 
 tho uxucution lieruuf: and (I, ur wo) the raid do horuby ugruo to 
 
 accept and tako tlit) Hiiid (aliaru or aharoa,) aubject to the raino ruloa, 
 ordurH, icgulutiona and conditiona ; witneMH our haiiilH and HtmU tliiH 
 day of in tho year of our Lord or hucIi trunafura tihali bo 
 
 in aonio uthor convunivnt ibrni, to be doviaed by tho aaid company ; and 
 every auch tranafur ahall be undor tho hand or handa of the member or 
 membera, trnnaferring auch aharo or aharca, or of aome |)eraon or poraona 
 lawfully authorized by him, hur or thom, for that purpoao, undor which 
 tranafcr tho person or peraona, bodiea politic or corporate, to whom auch 
 tranafur ahall be expreaapd to be made, or aome other poraon by him, her 
 or them, lawfully authorizud, ahall aign hia, her or their, name or namea, 
 signifying tho acceptonce of auch tranHf'tir ; which aaid tranafer ahall bo 
 made and untercd in n l>ook to bo kopt by tho aaid company for that 
 purpoHv, for which a ivo ahall be paid to and for the uao of the com* 
 pony, not exceeding ton ahillinga for oacli aharo tranaforred, to bo from 
 timu to time fixed by tho aaid court of diroctora, in addition to tlio stamp 
 duty, payable in reapoct of such transfer, and that cuch transfer so to be 
 cxucutod nM aforesaid, shall aH'ect the transfer of such share or aharca, 
 nnd shall convey the whole estate and intcrcat therein of tho peraon or 
 persons so transferring, or authorizing the same to be transferred to tho 
 person or persons, bodies politic or corporate, so taking or accepting tho 
 Humc! — which pert«on or persons, bodies politic or corporate, shall thereby 
 forthwith become in all rcspectn mcmbetH of the said company in respect 
 of such share or shares, in the place of such person or persons, so trans- 
 t^rring the same, or authorizing the samo to be transferred ; and that un>. 
 til such transfer shall bo made and ontored in such book, in manner afore- 
 said, no person or persons claiming un interest in any such share or shares, 
 by purshaso or otherwise, shall bo deemed tho proprietor or proprietors 
 of such share or shares, or shall bo entitled to any dividend or beneficial 
 interest in the said capital stock in respect thereof, nor until six calendar 
 months after such transfer shall have been made, bo entitled to veto at 
 any meeting or meetings as proprietor or proprietors of tho said company 
 in respect of such share or snares ; and a copy of such transfer extracted 
 from the said book wherein the same is made and entered, and signed 
 by the said clerk, secretary or other officer of the said company duly au- 
 thorized thereto, shall be sufficient evidence of every such transfer, and 
 be admitted and received as such. 
 
 Provided always, and we do furti e* order, declare and ordain, that af- 
 ter any call for money shall liavo been made and becomn due and payable 
 by virtue of this our charter, no person or persons, bodies politic or cor- 
 porate, shall sell or transfer any share or shares which he, she or they, 
 shall possess in the said stock of tho said company, until tho money so 
 called for in respect of his, her or their, share or shares intended to bo 
 sold shall be paid, and until such money so called for shall be paid, any 
 such sale or transfer of any share or shares shall be void ; and all and 
 every person and persons, body politic and corporate, making default 
 therein, shall be subject and liable to forfeit such his, her or their, share 
 or shares in the said company, to and for the general benefit of the said 
 company, unless he, she or they, shall (.t the time of such sale or transfer 
 pay to the hanker of the said company, or such person or persons as 
 the court of directors, for the time being, shall appoint to receive tho 
 same, the full sum of money called for upon every share so to be sold or 
 transferred, such forfeiture, nevertheless, to be first notified and declared 
 in manner directed by this charter with respect to forfeiture of shares for 
 not answering the colls to be made thereon as aforesaid, 'y • - 
 
 And 
 
And 
 
 THE rnARTER. » 
 
 Ani) WA do Airther derlaro and ordain, that wliAn alty pfinon or pcr- 
 loiia aliall rUiiii any purl or nhnru in tlio Maid capital or joint Mtork of the 
 ■aid romiwny, <>r tli«< profitH thnroof' in right ofmarriaKo, an affidavit, or 
 ■olenin amrmution by Quakera, of such manriagoi containing a verified 
 copy of thd rugiater of auch marriage, or the uurport of such register, nhall 
 bu made and Nworn to, or afflrmod, or made by aomn credible peraon bo- 
 fore one of our jiiaticea of the peace, or before a judge of some court of 
 record in the United Kingdom, or in any of our colonics and Huttb'menti 
 ubroad, or I'ofore some peraon duly qualiAed to administer an oath, if in 
 any other * >untry, and shall bo delivered to and loft with the clerk, socro- 
 tary, or other nropor officer, for the time being, of the said rompany, 
 appointed for ttiat purpoao, who shall preserve the same, and make an 
 entry thereof in the book or books which shall bo kept by the said clerk 
 for the entry of transfers and sales of shares in the said company, beforo 
 such person or persons shall be entitled to sell or assign any share or 
 shares, or to claim payment of any dividend or dividends m respect there- 
 of, or to vote as the proprietor of such share or shares. And when any 
 person or persons shall claim any part or share in the capital or joint 
 stock of the said company, or the profits thereof, under or by virtue of 
 any will or bequest, or in a course of administration, the probate copy of 
 the will, or the letters of administration in case the proprietor shall have 
 died intestate, shall be produced and shewn to the said clerk, secretary 
 or other officer aforesaid, who shall make an entry of such will, or of so 
 much thereof as shall relate to the disposition of the share or shares of 
 the testator, or of the letters of admin'stration in case the proprietor shall 
 have died intestate, before any person or persons shall be entitled to sell 
 and assign such share or siiaros, or to claim payment of any dividend or 
 dividends, in respect thereof. 
 
 Provided nevertheless, that no benuest, clause, matter or thing, in any 
 such will contained, shall bind or aficct the said company with notice of 
 any trust or disposition of any share or shares in the capital or joint stock 
 of the said company, or the gains and profits thereof, but the registry of 
 every such share or shares, shall be in the name or names of the executor 
 or executors who shall prove the will of such testator, or the administrator 
 or administrators of his effiicts, whose receipt or receipts to the said com- 
 pany for the gains and profits thereof, and toany purchaser or purchasers 
 for the amount of the purchase money paid upon the sale and conveyance 
 of such share or shares, shall be good and efiectual, and shall bind the 
 cestueque trusts, and all other persons claiming in trust or otherwise un- 
 der such testator. 
 
 And we do further declare and ordain, that the directors hereinafter 
 mentioned, or the directors for the time being, or such of them as shall 
 be present at and constitute a court of directors, or the major part of them, 
 shall have full power to make such call or calls for money from the seve- 
 ral subscribers and proprietors, for the time being, of the said company, 
 their respective executors, administrators, successors and assigns, not ex- 
 ceeding in the whole the sum of one hundred pounds on each of the shares 
 of and in the capital stock of the said company, held by him, her or them, 
 respectively, as the said court of directors shall from time to time find 
 wanting and necessary for the purposes of the said company, so that no 
 one such call do exceed the sum of ten pounds sterling for or in respect 
 of any one share of one hundred pounds, and so that no call or calls be 
 made but at the distance of three months, at least, from another, and the 
 sum or the several sums of money so to be called for shall be paid to 
 the bankers of the said company, for the time being, or to such other 
 I. person 
 
94 
 
 THE CHAllTBW. 
 
 m 
 
 ill 
 
 ill 
 
 i 
 
 t I 
 Mil 
 
 ik 
 
 person or peraoM, and at such time and place, aa shall be appointed by 
 the said court of directors, of which time and place twenty days previous 
 notice, at least, shall be given in the London Gazette, and in such two or 
 more of Uio daily London newspapers, aa the naid court of directors shall 
 direcL 
 
 And we do further declare and ordain, that if any subscriber or any 
 
 Eropr^tor or proprietors of any share or shhres in the said company, his, 
 er or their, executors, administrators, successors or assigns, shall ne- 
 glect or reAi^e to pay his, her or their, part or portion of the money to be 
 called for by the court of directors as aforesaid, during the space of six 
 calendar months next after the time apppointed for payment thereof, to- 
 gether with lawful interest from the appointed time of payment, then and 
 in every such case, such person or persons, bodies politic or corporate, sc 
 neglecting or reAisiug, shall absolutely forfeit all his, her or their, share 
 or shares in the said company, and all profits and advantages thereof, 
 and all monies theretofore advanced by him, her or them, on account 
 thereof, to and for the use and benefit of the said company, and all shares 
 which shall or may be so forfeited, shall or may at any time or times here- 
 after be sold at public sale for the most rn<'n?y that can be gotten for the 
 same, and the produce thereof shall go to and make part of the capital 
 stock of the said company; and such share or shares forfeited and sold 
 shall be assigned and transferred to the purchaser by an instrument un- 
 der the common seal o( the said company in manner required upon other 
 transfers of any share or shares, but no advantage shall be taken of such 
 forfeiture of any share or shares until the same shall be declared to be 
 forfeited at some general or special meeting of the said proprietors, which 
 shall be held not earlier than six calendar months next after the said for- 
 feiture shall happen ; and that every such forfeiture so to be declared shall 
 be an absolute indemnification and discharge to and for the proprietor or 
 proprietors, or his, her or their, executors, administrators, successors or 
 assigns, so forfeiting, against all actions, suits, and prosecutions, from all 
 liability in respect thereof, and for any breach of contract, or other agree- 
 ment between such proprietor or proprietors, his her or their, executors, 
 administrators, successors and assigns, and the said company, in respect 
 of such share or shares, with regard to the future carrying on and mana- 
 gement of the said company. 
 
 And for the better ordering, managing and governing, the affairs of the 
 said company, and for making and establishing a continual succession of 
 persons to be directors and auditors of the said corporation,— We do by 
 these presents, for us and our heirs and successors, grant unto the said 
 company and their successors, and we do hereby ordain and appoint, that 
 there shall be from time to time, constituted in manner hereinafter men- 
 tioned out of the members of the said company, a governor and a deputy 
 governor, who shall also be directors, and sixteen other directors, as 
 hereinafter mentioned, and four auditors of the said company, and a se- 
 cretary ; which governor, deputy governor, and other directors, or any 
 five of them, shall constitute and be called a court of directors, for the 
 ordering, managing and directing, in the manner and under the provisions 
 hereinafter contained the affairs of the said company ; and that the said 
 Charles Bosanquet shall be the first governor, and the said William 
 Williams shall be the first deputy governor, and the said Robert Bid- 
 dulph, Richard Blanchard, Robert Downie, John Easthope,> Edward El- 
 lice, John Fullarton, Charles David Gordon, William Hibbert, junior, 
 John Hodgson, John Hullett, Hart Logan, 8imon M'Gillivray, James 
 M Killap, John Mnaterinan, Martin Tudier Smith, and Henry Usborne, 
 
 shall 
 
THE CHARTER. 
 
 86 
 
 idiall be the first directors, in addition to the said Charles Bosanquet and 
 Wiliiam Wiiiiams ; and that Thomas Starling Benson, esquire, Thomas 
 Poynder, junior, esquire, Thomas Wilison, esquire, and John WooUeff 
 esquire, shall be the first auditors: and that the said governor, deputy 
 governor, and other directors and auditors, shall continue in their re- 
 spective offices until the first Wednesday after the twenty-fifth day of 
 March, which will be in the year of our Lord, one thousand, eight hun- 
 dred and twenty-nine, and until others shall be duly elected in their re- 
 spective offices, unless they, or any of them, shall sooner die, resign, 
 or become disqualified, as hereinafter mentioned ; which election shall 
 be had and made in manner hereinafter in that behalf provided, and the 
 persons then so elected to such offices, shall be in the places of the first 
 governor, deputy governor, other directors and auditors. >"- - . > >' 
 
 And we do, by these presents, further ordain, constitute, and appoint, 
 that it shall be competent to the said company to manage and conduct 
 the affairs of the said company in the Province of Upper Canada, by a 
 board of commissioners, to consist of two or more persons resident in 
 Upper Canada, with such powers and authorities to contract for, and 
 bind the company to such extent, and subject to such restrictions as the 
 couit of directors of the said Company shall, from time to time, deter- 
 mine ; and such commissioners shall, in all things, conform themselves 
 to such directions, regulations, and instructions, as shall, from time to 
 time, be communicated to them by the court of directors of the said 
 Company. — Provided always, that such restrictions as shall be imposed 
 by the said court of directors upon the powers or authorities of the said 
 commissioners to contract for and bind the said Company, shall be, from 
 time to time, publicly made known in the said province, by transmitting 
 a copy of such restrictions to the clerk of the peace of the said province, 
 which the said commissioners are hereby required to do, and to certify 
 the same under their hands, which copy the clerk of the peace shall per- 
 mit all persons to inspect at all reasonable times ; and the suid commis- 
 sioners shall, from time to time, communicate to the said court of direc- 
 tors in London, tull and particular information of all transactions, acts, 
 deeds, matters, and things, concerning the affairs of the said company, 
 or in anywise affecting the same. ,- ■. . ^ , , .^. ..^ 
 
 And we do further, by these presents, ordain, will, and appoint, that 
 it shall and may be lawful for all and every the members or share-holders 
 of the said company, from time to time, to assemble and meet together 
 at any convenient place or places, for the choice of liieir governor, deputy 
 governor, other directors and auditors, and for the making bye-laws, 
 rules, oi-ders, and regulations, for the government of the said company, 
 and for other affairs or business concerning the s <me, twenty-one days 
 previous notice thereof being given by advertisemet in the London Ga- 
 zette, and in two or more of the daily London newspapers, and a notice 
 in writing also affixed upon the Royal Exchange of London at least four- 
 teen days previous to the time appointed for such meeting, and all the 
 members of the said company, or so many of them as shall be so assem- 
 bled, shall be and be called a general court of such company, which 
 court shall assemble and meet at such times, and in such manner as 
 hereinafter mentioned ; and that such meetings being so duly assembled 
 shall, with the assent of the majority of the proprietors so assembled, 
 have power to adjourn from time to time as shall be convenient ; and 
 that on some day or days between the tenth day of January, and the first 
 Wednesday after the twenty>fifth day of March inclusive, which shall be 
 in the year of our Lord> one thousand, eight hundred and twenty-nine, 
 
 and 
 
1 1 
 
 36 
 
 THE CHARTER. 
 
 ij 
 
 ill 
 
 .11 
 
 
 ■ :S 
 
 and in every succeeding year; there shall be yearly and successively 
 chosen all succeeding directors and auditors of the said company, as 
 hereinafter provided, out of the Members of the said company, by the 
 majority of the votes of all and every such members of the said company 
 in general court assembled, as shall be personally present, and of all 
 bodies politic or corporate, who may vote by deputation under their com- 
 mon seal at such meeting, who shall be entitled to vote in respect of their 
 shares in the said capital stock of the said company, in the proportions 
 following : that is to say, that every holder of five and less than ten 
 shares in the said capital stock, shall be entitled to one vote; every 
 holder of ten and less than twenty shares, to two votes ; every holder 
 of twenty and less than twenty-five shares, to three votes, and every 
 holder of twenty-five shares, or upwards, to four votes and no more ; 
 which succeeding directors and auditors shull severally and respectively 
 continue in their ofiices to which they shall be so elected for the period, 
 and in manner hereinafter provided, and until others shall be duly chosen 
 in their places respectively ; and the election of such directors and au- 
 ditors at the annual or other elections, shall take place by ballot, or in 
 such other mode as shall be determined by any bye-law of the company, 
 to be made as herein provided. It being hereby ordained and declared, 
 that one-third of the said directors, and one of the said auditors, shall 
 go out of office in rotation every year, to commence with the said elec- 
 tion in the year one thousand, eight hundred and twenty-nine ; and ano- 
 ther election of six directors and one auditor shall thereupon take place; 
 but, nevertheless, the directors and auditors so going out of office in 
 rotation for the time being are, and shall, at all times hereafter, be ca- 
 pable of being re-elected to their said offices, or elected to any other 
 offices in the said company, if otherwise properly qualified, and in regard 
 that the said rotations cannot take place during the three years inclu- 
 ding and commencing with the said year one thousand, eigh^ hundred and 
 twenty-nine, the directors and the auditors hereby appointed respectively 
 who are to go out of office, as aforesaid, on the first Wednesday after 
 the twenty-fifth day of March of the same three years, shall be ascer- 
 tained and known by drawing lots for that purpose at any of the meetings 
 of the said directors and auditors respectively, in such fair and proper 
 manner as the said directors shall in their discretion agree to and ap- 
 prove of, so always that the names of the directors to go out by rotation 
 shall be declared, and notice thereof affixed in some conspicious place 
 in the office of the company, at least fourteen days before the day of the 
 annual election for the choice of directors ; but the governor, or deputy 
 governor shall not be included in the ballot or list for drawing lots within 
 the year one thousand, eight hundred and twenty-nine, or one thousand, 
 eight hundred and thirty, but shall vacate their offices with the directors 
 upon whom the lot shall fall to go out of office in the year one thousand, 
 eight hundred and thirty-one, and shall, with those dfirectors, be re-eli- 
 gible, if otherwise properly qualified ; and the governor, deputy governor, 
 and other directors or auditors, so, from time to time, elected and chosen, 
 shall be elected and chosen for the term of three years, unless such go- 
 vernor, deputy governor, or other director or auditor shall be elected in 
 the room of some other governor, deputy governor, or other director or 
 auditor dying, resigning, or becoming disqualified, in which case, be or 
 they sha'i be elected for such period or time as the governor, deputy 
 governor, or other director or auditor in whose room or stead he or they 
 were elected had to serve. Provided, nevertheless, that in all cases of 
 a vacancy of governor or deputy governor, at the annual, or any other 
 election, it shall be competent for the proprietors d ily qualified to elect 
 any of the cootiuuing directors, or any of the directors to bo chosen at 
 
 such 
 
THE CHARTER. 
 
 37 
 
 such election, to be governor or deputy governor, such proprietors de- 
 claring and specifying by their vote or ballot, the name or names of the 
 person, whetner a continuing director or directors elected or re-elected 
 at such election, for whom such proprietors vote to be governor or depu- 
 ty governor ; and if any continuing director or directors, shall be chosen 
 governor or deputy governor, he or they shall be governor or deputy go- 
 vernor for the period he or they shall have to serve as director at the 
 time of election, as governor or deputy governor; and if any new direc- 
 tor or directors shall be chosen governor or deputy governor, he or they 
 shall be governor or deputy governor for the period for which he or they 
 shall be chosen at such election ; provided also, that the person who shall 
 have served the said office of director or auditor shall, if otherwise pro- 
 perly qualified, be eligible to be re-chosen to the said office. 
 
 ' And we do further, by these presents, for us, our heirs and successors, 
 grant unto the said company and their successors, and will and ordain, 
 that no person shall, at any time, be capable of being chosen governor, 
 deputy governor, or other director or auditor of the said Company, un- 
 less he shall, at the time of such election, be a natural born or natu- 
 ralized subject of the United Kingdom, and shall also have in his own 
 name, and in his own right, twenty-iive shares ur more of the capital 
 stock of the said company ; and that no director or auditor shall continue 
 in his or their respective offices longer than the continuance of juch their 
 respective interest in such number of shares in their own names and 
 rights, and to their own uses respectively : — and in case any governor 
 or deputy governor, other director or auditor shall be in any manner 
 divested of or part with such of his shares as to reduce the same to any 
 lesser- number than aforesaid, then the court of directors for the time 
 being, at their next meeting, when such fact shall be made to appear to 
 them, shall proceed to declare the said respective offices or places of 
 such governor, deputy governor, other directors or auditors so divested 
 of, or parting with their said shares as aforesaid, to be vacant, and the 
 said vacancy or vacancies, so declared, shall be filled up in the same 
 manner as in the case of other vacancies at the general court of the said 
 company, which shall be duly held next after such declaration ; and that 
 in every case where any governor, deputy governor, other director or au- 
 ditor, shall happen to die, or resign his office, before the annual election 
 of such officers, the major part of the members of the said compan}', qua- 
 lified as aforesaid to be assembled in a general court, shall and may se- 
 lect and shoose any other member or members of the said company, 
 qualified as aforesaid, into the office of such governor, deputy governor, 
 other director or auditor, that shall so die or resign ; which person or 
 persons, so to be elected, shall continue in his or their said office for such 
 and the like period as the governor, deputy governor, director or auditor 
 had to ser\'e in whose place or stead he shall be so elected. 
 
 And we do further ordain and direct, that the want of or failure to e- 
 lect all or any of the directors to compose a competent court of directors, 
 shall not in any manner tend to work the dissolution of the said corporar 
 tion, but that the general body of members shall and may be lawfully 
 assembled and convened at some day to be fixed by the remaining di- 
 rectors or the major part of them for the election of the requisite num- 
 ber of directors in manner hereinbefore provided, which directors so 
 elected shall have and continue all powers, priviliges, and authorities, 
 hereinbefore provided for the continuance and government of the said 
 corporation. 
 
 ; - - And 
 
 K. 
 
il! 
 
 38 
 
 THE CHARTER. 
 
 
 And we do further by these preseuts, ordain, constitute and appoint, 
 that it shall and may be lawful to and for the said company at any ge- 
 neral court, to grant such salaries and allowances to be paid to the said 
 governor, or deputy governor, and other directors, and auditors, and se- 
 cretary, of the said company as may be deemed expedient, provided that 
 circular notices convening sucii general court shall issue at least one 
 month before such meeting, and which notices shall contain a distinct 
 statement, that a motion will be made at such court for the grant of such 
 salaries and allowances. 
 
 And we do further will, direct and appoint, that for the better ensu- 
 ring the good government and prosperity of tha said company, there 
 shall be holden two general courts of the said company, at the least, in 
 each year, sometime in the course of the months of June and December, 
 on a day to be appointed by the court of directors, and with such notices 
 as are hereinbefore provided, at which the half yearly dividends shall be 
 declared ; and if there shall at any time hereafter be a failure of holding 
 a general court in either of the said months as aforesaid, then and in 
 such case, any three or more of the said directors shall and may, giving 
 such notices as are hereinbefore directed, summon and call a general 
 court, which shall be holden in the month next ensuing the month in 
 which such general meeting should have been holden, as aforesaid, or 
 as soon after as the notices hereby directed will allow. 
 
 And we do further will, direct and appoint, that fourteen days before 
 the general court to be held in the month of December in every year, 
 the accounts of the said company shall be submitted to and audited by 
 the auditors for the time being, or any two of them, and a statement of 
 the income and outgoings of the said company, being the result of such 
 accounts, shall be signed by the said auditors, or any two of them, and 
 laid before the then next meeting of the said court of directors. 
 
 And further we do by these presents direct and appoint, that upon the 
 requisition in writing of any twenty or more of the members of the said 
 company, each having not less than ten shares in the said capital stock, 
 the court of directors shall, withui twenty one days after such requisi- 
 tion, (and of which such notices shall be given as are hereinbefore di- 
 rected,) summon and call a special general court, either for special or 
 general purposes, to be held of the members of the said company, qua- 
 lified to vote as electors as aforesaid, and in default of the court of di- 
 rectors, to summon and call such court, it shall and may be lawful for 
 the said twenty, or more members, having such shares as aforesaid, upon 
 fourteen days previous notice, by advertisement under their hand, in the 
 London Gazette, and in two or more of the daily London newspapers, and 
 by writing affixed on the Royal Exchange in London, to summon and hold 
 a special general court, and there to consider and debate upon any busi- 
 ness relating to the government or affairs of the said company, and in 
 case such special general court shall have been convened for any special 
 purpose, then to proceed in such specid matter, and to come to any de- 
 termination, or to despatch any business belonging to such special pur- 
 poses, or otherwise to come to any resolution or resolutions for the fur- 
 ther examination into the matters relating to the affairs and government 
 of the said company ; and that it shall and may be lawful, in pursuance 
 of any resolution by the major part of the members composing such 
 special general court, to adjourn the same to a day then to be fixed upon, 
 and so from time to time, and that such special general or adjournec* 
 general court, composed of members qualified as aforesaid, shall be 
 
 holden 
 
 s 
 
THE CHARTER. 39 
 
 iiolden finally to determine by the majority of tlieir voices upon all reso- 
 lutions relatmg to the affairs and government of tlio said company. 
 Provided always, that in every such case the requisition &nd summons 
 for a general court shall express the purpose thereof. 
 
 And we do hereby further, for us, our heirs and successors, give full 
 power to all and every the members of the said company, qualified to 
 vote as aforesaid, in a general court duly assembled by the majority of 
 the votes of those there present, to make and constitute such bye laws, 
 rules, orders, and regulations for, and r<^lating to the affairs and govern- 
 ment of the said company, so that such bye laws, rules, orders, and 
 regulations be not repugnant to the laws and statutes of this realm, nor 
 repugnant to any of the enactments herein contained. Provided always, 
 that such bye laws, rules, orders, and regulations, be duly recorded in 
 the public book of the said company, so that the same may be at all 
 seasonable times accessible to the members and officers of the said 
 company. . , 
 
 And we do further constitute, direct, and appoint, that the governor, 
 or, in his absence, the deputy governor, shall preside and act as chair- 
 man of the said court of directors and general meetings of the said 
 company : and if it shall so happen, that at any meeting of the said di- 
 rectors, or at any general meeting of the said company, neither the go- 
 vernor or deputy governor shall attend, it shall be lawful for the major 
 part of the directors then present to appoint a chairman for that occa- 
 sion ; and in case no director shall be present at a general meeting of 
 the said company, or in case the director or directors present shall not 
 appoint a chairman for such occasion, it shall be lawful for the members 
 of the said company then present, or the major part of them, to appoint 
 a person to preside at such meeting ; and the governor, deputy governor, 
 or other person presiding at any such meeting, shall, in case of any 
 equality of votes, have a second or casting vote. 
 
 And we do hereby, for us, our heirs, and successors, ordain, declare, 
 limit, direct, and appoint, that all sums of money paid and received in 
 respect of the shares of the said company, together with all requisitions 
 or investments whatsoever, whether real or personal, or wheresoever 
 lying, being and situated in the United Kingdom or elsewhere, whether 
 vested in the said company in their own name or in the names of trus- 
 tees, or in what manner soever the same shall be vested, shall form and 
 constitute the joint or capital stock of the said company and their suc- 
 cessors for ever, and shall be liable and answerable for the debts, lia- 
 bilities, and engagements, of the said company. 
 
 And we do further by these presents, for us, our heirs and successors, 
 grant unto the said company, and we do will and direct, that in case the 
 sum already subscribed shall be found insufficient in the opinion of the 
 court of directors of the said company to C6u-ry into full effect the bene- 
 ficial purposes aforesaid, then and in such case it shall be lawful for the 
 members of the said company, for the time being, in pursuance of any 
 resolution adopted at one and confirmed at a subsequent general, or ge- 
 neral special court, to raise and contribute amongst themselves, in such 
 shares and proportions as they shall think proper, or by the admission of 
 new subscribers, any further or other sum of money, not exceeding the 
 sum of one million pounds sterling, and every subscriber towards raising 
 such further sum of money shall be a proprietor of and in the capital of 
 the said company, and shall have a like vote in respect of his, or her, 
 
 shares 
 
 .^^^' 
 

 IMIj-j. 
 
 til- 
 
 40 THE CHAUTEU. 
 
 shares in tho said additional sum so to bo raised, and be liable to such 
 forfeitures, and stand interested in all the rights, profits and advantages 
 of the said company, in proportion to the sum he, she or they, shall sub- 
 scribe to the said capital so extended, to all intents and purposes, as if 
 such further or other sum hereby allowed to be subscribed for or raised 
 had been originally part of tjio capital of the said company, anything 
 hereinbefore contained to the contrary in anywise notwithstanding. 
 
 And wo do hereby further, for us, our heirs and successors, grant unto 
 tho said company, and their successors, and we do will, direct and ap- 
 point, that it shall and may be lawful for the said company, foi' the pur- 
 puses aforesaid, not only to purchase, take, hold, sell, let and dispose, of 
 all such lands in the provinces of Upper Canada and Lower Canada, as 
 aforesaid, and more especially nny such lands as shall be granted by us 
 in virtue of our royal prerogative, or by the authority of parliamert^ rnd 
 also to contract for, bargain, purchase and export all such merchandizes, 
 matters and things as may be necessary or convenient for the cultivAti- 
 on, clearing or improving of the lands which may be purchased by the 
 said company, na "foresaid, or as hereinafter mentioned ; and shall also 
 Le empowered, and they are hereby authorized, to import and receive, 
 and to sell and dispose of all goods and merchandize which may be con- 
 signed or remitted to them from such their lands, in payment or satisfac- 
 tion of any rent or purchase-money arising from the occupation or sale 
 of any such lands, and to receive and negotiate in England bills of 
 exchange, promissory notes, or other negotiable securities, for money 
 which may be remitted to them on account of any such rent or pur- 
 chase money ; and also to purchase, take, hold, sell, and dispose, of all 
 lands, tenements and hereditaments, situate in Great Britain and Ireland, 
 or in the said privinces of Upper Canada and Lower Canada, or else- 
 where in our dominions, which it may be necessary or convenient for the 
 said company to acquire, in order to the carrying' the purposes of this 
 charter into more complete eflfect ; provided, that such lands, tenements 
 and hereditaments, as may be purchased in Great Britain and Ireland, be 
 not altogether of more than the value of five hundred pounds per annum 
 at the time of such purchase ; and also provided, that any such purchas* 
 es in the said provinces of Upper Canada and Lower Canada, be of, 
 such annual value only as we, by any order or orders to be by us issued 
 with the advice of our privy council, may from time to time authorize 
 ond direct, and be made in conformity with tho local laws and statutes 
 in force in those parts of our dominions in which tho lands so to be pur- 
 ciiased may be situate : and that the said company may do all other acts 
 and things in relation to the premises in all respects as beneficially as 
 anyjother body politic or corporate, or any subject of this realm is by law 
 entitled to do. 
 
 \f 
 
 And we further will, declare and appoint, that it shall and may be 
 lawful to and for the said company, to advance and lend money to the 
 local governments in the said provinces of Upper Canada and Lower 
 Canada for any purpose whatsoever, or to any trustees, commissioners 
 or other persons having the care of making or executing any public 
 works in the said provinces, or either of them, at such rate of interest as 
 may be agreed upon in every such case, and to take and accept from 
 such government, or from any such trustees, commissioners or other per- 
 sons, such assignment, grant, demise or other security, of or upon any 
 public revenues of the said provinces, or upon any rates, tolls, charges or 
 assessments, within the said provinces, or any or either of them, or such 
 other security for the payment of the money so to be advanced, and also 
 
 for 
 
 '■* .j 
 
THE CHARTER. 
 
 41 
 
 sucli 
 itages 
 II Bub- 
 
 as if 
 raised 
 ything 
 
 for the interest thereon, as to the said company shall appear satisfactory, 
 and which ehall bu good, valid and effectual, for the purposes expressed 
 therein, and shall and may be enforced for the benefit of the said com- 
 pany, their successors and assigns. ••,•.,.. 1 ' VM!-. (Ij,. 
 
 And we do further by these presents for us, our heirs and successors, 
 grant, direct and appoint, tli.it the said governor, deputy governor and 
 other directors, fur the time being, or any five or more of them, shall 
 and may from time to time, and at all convenient times, and when and 
 as oflen as thuy shall think fit, assemble and meet together at any place 
 or places for the direction and management of the affairs of thu said 
 company ; and being so assembled, shall in such direction and mana- 
 gement in all respects conform themselves to such bye laws, rules, orders 
 and regulations, as shall from time to time be made by any general or 
 special court of the said company , at; J subject to all such bye laws, rules, 
 ordnrs and regulations, shall and may direct, and manage the affairs and 
 business of the company in all and singular the matters and things herein- 
 before particularly set forth in the disposition and investment of all cash, 
 bills, notes and other securities to the company, and in all other the traf- 
 fic, commerce and dealings of the said company ; and that they shall 
 have power and authority to enter into all contracts, whether under seal 
 or otherwise, on behalf of the company, and to make and execute all as- 
 signments, conveyances, and all other acts to which the corporate seal is 
 required to be affixed, and to appoint a clerk, secretary or secretaries, 
 solicitors, attorneys, commissioners, factors, agents, or servants, which 
 shall from time tu time be necessary to be employed in the affairs and 
 business of the said company, and to allow and pay them reasonable sal- 
 aries and allowances, and to displace (.nd remove them, or any of them, 
 as they shall see cause, and generally to do and act in all matters and 
 things whatsoever which they shall judge necessary for the well ordering 
 and managing of the said company, and the affairs thereof ; and to do, 
 enforce, perform, and execute all the powers, authorities, provisions, acts, 
 and things in relation to the said company, and to bind the said company 
 as if the same were done by the whole corporation. — Provided always, 
 that all matters and things which the said directors shall in manner afore- 
 said, and in writing, order and direct to be done by sub-committeos, or 
 other persons appointed under them, shall and may, by virtue of such or- 
 ders, be done by the said sub-cummittecs, or other persons appointed. 
 
 Provided also, that in no case shall t!ie corporate seal of the said com- 
 pany be aflnixed to any instrument whatsoever, except by order in writing 
 of the court of directors, and in the presence of at least two of the direc- 
 tors, who shall attest by their signatures such sealing, and that the same 
 was none by order of the court of directors, which attestation shall be 
 evidence ./. tl<e fact of such order. i ; 
 
 Provided always, and we do further declare and ordain, that all and 
 every contract or contracts made or entered into, by or on behalf of any 
 governor, deputy governor, director, auditor, or secretary, of the said 
 company, or in which any such governor, deputy governor, director au- 
 ditor or secretary, shall be either directly or indirectly interested or con- 
 cerned for doing, or causing to be done, any work for or on behalf of the 
 said company, or for supplying any of the articles, materials or things, to 
 or for the use of the said company, shall be absolutely null and void to all 
 intents and purposes whatsoever ; and every such governor, deputy gover- 
 nor, director, auditor and secretary, who shall enter into any such contract 
 
 or 
 L. 
 
f 
 
 'i 
 
 ; ' I 
 
 li; : 
 
 II I 
 
 48 
 
 THE CHARTER 
 
 or centitMStB as aforcMud, shali, ip$o faeto, cease to be sack governor, de- 
 puty governor, director, auditor or secretary, bh the case nay be, and s 
 new election of some other proprietor, duly qualified, shall take place in 
 manner he.ein mentioned. Provided nevertheless, that all acta done by 
 such governor, deputy governor, director, auditor or secretary, in his offi- 
 cial character, on behall' of the company, before such aocceasors be elcc- 
 tad, stiall be valid and binding. 
 
 ' And We do further direct and appoint, and our will is, that interest 
 calculated to the teath day of July, one thousand eight hundred and 
 twenty six, shall within one month from the date hereof, be payable to the 
 members of the said company, at and after the rate of four per centum 
 per annum, from the respective periods at which the said deposit and 
 •ubsequent calls (if any) shall have been paid, to be calculated upon, 
 and in respect to such deposit and calls, and on the tenth day of January 
 and tenth day of July, one thousand eight hundred and twenty-seven, and 
 on each and every tenth day of January and tenth day of July, until and 
 ending with the tenth day of January, one thousand eight hundred and 
 thirty-one, further interest at the like rate, shall be calculated and become 
 payable to the said members upon the said deposit and upon the amount 
 of the several calls which shall or may have been made upon, and paid 
 by them. And from and after the tenth day of January, in the year of 
 our Lc/d one thousand eight hundred and thirty-one, it shall and may 
 be lawful, to and for the said court of proprietors, twice in every vear, 
 in the said months of June and December, if the state of the affairs of 
 the said company shall warrant the same, to declare such dividend to 
 and amongst the members of the said company, for the half year ending 
 on the tenth day of July and tenth day of January, next succeeding such 
 respective general court as to the said court of proprietors shall appear 
 proper, in addition to such payment of interest, as aforesaid ; and in de- 
 claring such dividends respectively due, regard shall be had to all the 
 debts and engagements of the said company, and the risks and contin- 
 gencies aflffcting their assets and securities, and so as no dividend nor 
 interest, after the said tenth day of January, one thousand eight hundred 
 and thirty-one be in any case paid out of the capital of the said company, 
 or otherwise, than as a division of the whole, or a part of the gains and 
 profits of the said company. 
 
 And we do further will and direct, that all conveyances which shall bo 
 made by the said company, to any individual or individuals of any part 
 of the lands to be granted to, or purchased or held by the said company, 
 may be made in manner, and may bo in the form prescribed in and by 
 the said act of parliament. ...',i-. 
 
 And we do, for us, our heirs and successors, grant and declare, that 
 these our letters patent, or the inrollment thereof, shall be in all things 
 valid and effectual in the law, according to the true intent and meaning 
 of the same, and shall be taken, construed, and adjudged, in the most 
 favorable and beneficial sense for the best advantage of the said corpo- 
 ration, as well in our courts of record as elsewhere, notwithstanding any 
 non-recital, mis-recital, uncertainty, or imperfection, in these our letters 
 patent. And our will and pleasure is, that these presents to tho com- 
 pany aforesaid, under the groat seal of our United Kingdom of Great 
 Britain and Iruland, shall oe in due manner made and scaled, without 
 fine or fee, great or small, to us in our llanoper or elsewhere, to our use 
 therefor, or in any ways to be paid or made. In witness whereof, Wr. 
 have caused these our letters to be made pater' ; witness ourself at our 
 
 palnco 
 
that 
 
 THE CHARTER. 43 
 
 palace at Westminster, this nineteenth day of August, in the seventh 
 year of our reign. 
 
 SCOTT. 
 
 By writ of privy seal. 
 
 JOHN GALT, of Saint Helen's place, in the city of London, esquire, 
 secretary to the Canada Cot-; iv, maketh oath and saith, that he hath 
 carefully examined and compared the above copy of a charter of incor- 
 poration granted to the Canada Company with the original charter, 
 sealed with the great seal of the United Kingdom of Great Britain and 
 Ireland, and deposited at the house of the said company ; and the de- 
 ponent saith, that the above is a true and faithful copy of such original 
 charter of incorporation. 
 
 (Signed) 
 
 JOHN GALT. 
 
 8u>om at the public office, South-hampttm buildings, in ) 
 the County of Middletcx, this l;3th day of Siptember, \ 
 one thousand, eight hundred and twenty-six. ) 
 
 Before me 
 Stamp. G. WILSON, 
 
 One of the Masters in Ordinary of the High Court 
 of Chancery, at Westminster. 
 
 Secretary and Register's office, York, Upper Canada, 
 18th December, 1826. 
 
 I certify that the above charter of incorporation is enregistered in this 
 office in book I. Folio from 213 to 235. 
 
 (Signed) 
 
 D. CAMERON, 
 
 Secretary Sf Registrar. 
 
 Wr, 
 
li 
 
 'N 
 
 \4 
 
 
 ;t;,.. , .( 
 
 
 ),**j. >■ 
 
 ^ lib* ■ 
 
 • ^\m'-, 
 
 
 
 
 
 is( 
 
 lii: 
 
 if' 
 
 Ifif ';. I 
 
 V. - ',-^- 
 
 '^sii 
 

 .•r 
 
 DUPLICATE OP AN AGREEMENT, 
 
 ENTERED INTO BETWEEN 
 
 HIS MAJESTY^S GOVERNMENT, 
 
 AND TUB 
 
 ri Y!;;'1-:« t '. 
 
 ,;»?.'*;.. i !,ii'»; 
 
 CANADA COMPANY, ON THE 28»h MARCH 1828 ; 
 
 Accompanied by a Letter, from John Galt Esquire, dated lOtb Juno 1828. 
 
 SIR, 
 
 Canada Company's Office, \ 
 yorA 10th June, 1828. \ 
 
 I have the honor to enclose a duplicate of an agreement entered into 
 between His Majesty's (tovernmont and the Canada Company on the 
 twenty eighth March, of which an official transcript has probably been 
 tra^i.^mitted iVom the Colonial department to the Lieutenant Governor — 
 and I have to beg you will represent to His Excellency that, as arrange- 
 ments have been made for settling a portion of the Huron tract, some of 
 the intending settlers being actually arrived, it is very desirable that the 
 Surveyor General should be instructed to direct the surveys as soon as 
 circumstances will admit. ' ' ,:r -^ . =^.v ., . 
 
 I have to beg the favor of your also mentioning to His Excellency, that 
 having been ilirn'.eihed with a map of the manner in which the directors 
 propose to lay out the Huron tract, together with a pro forma diagram 
 of a township to be called Goderich, I have lodged the same with the 
 Surveyoi General. 
 
 On the present occasion it is my duty to state, that although the names 
 given in the map to the different proposed townships have been inserted 
 the list is yet subject to the approbation of the Lieutenant Governor. — 
 They consist of those of the actual court of directors with the addition 
 of riorton, Goderich, Stanley, Hoy, and Stephen, and in anticipation of 
 the tract being hereafter formed into a county, it has been called Hus- 
 kisson. On this subject you will have the goodness to report to me the 
 pleasure of His B'xcclkncy. 
 
 ; V ,1 "'' ■')/;; I have the honor to be V '•. ■•- 
 
 *■' ^'- Your moB obedient humble sefVaiif, 
 
 JOHN GALT. 
 
 GbOrob Hilligr, Esquire, 
 M. 
 
 
 Downing 
 
" fii 
 
 46 THE THIRD AOREEMENT. 
 
 Downing Street 2>Uli March, 1030, 
 
 At a mooting hold thiti day at the Cuh)iiial ofHco, at which Mr. 8orrc- 
 tary liualtiHHoii, ami MoMrtrM. l^lcGillivruy, llullutt and ICuHthopn, w*to 
 proMunt, fur tho puruoHo ol'defiiiitivuly suttling cortain (|U<mti(inH ofditti- 
 culty which hud uritiun upon thu agruumunta ontorod into hutwoun Lurd 
 Uathurttt and tho Cuniida Company, of tlin duton of thn twon'y sixth of 
 Novvnibur 1){.!4, and thu twinity third INIuy Ul'iO, and alco fur UHcertaiti- 
 ing curtain pointH not thoruin provided fur ; tho following arrangunicnt 
 WUH made and Ciincludt^d betwuun Mr. Hecrutary lliiNkiHHon on bniialf 
 of IliM iMajuHty't* (lovcrnmunt, and tho aaid MuHsrti. McUillivray, Ilullctt, 
 and CuHthopc, on behalf of tho Canada Company. 
 
 lat. — Ah it appoarH that in nome of tho lotH of tho Crown RuHcrvca to 
 bo Hold to thu company, the original land markH and lines of survey have 
 been ho unUcod as to render a rc-survey nt!cusdary ; in all such cases such 
 ru-aurvey shall bo made under thu direction aud at the e.xpoitao of His 
 IMajusty s Government. 
 
 2dly. — As in the report sent by the Surveyor General to the commis- 
 sioners, certain lots of the Crown Reserves appear to have been returned 
 as vacant, which wuro actually possessed by persons having either legal 
 titles, or occupation under licence from thu provincial government, or un- 
 disturbed residence for ten years ai:ti upwards, which lots according to 
 the sixth article of tho contract of iJGth November 1024 were to bu ex- 
 cepted from tho lands to be granted to the company, and as on the other 
 hand it appears that other lots of the said Crown Reserves were so re- 
 turned in that report as excepted, which wero either not occupied at all, 
 or occupied h\ persons having no such legal claim, or licenco of location, 
 or undisturbed residence as aforesaid ; it is agreed that the Canada Com- 
 pany shall receive in lieu of tho first class of lands an equal extent of the 
 second class ; it being understood that the company in selling to tho be- 
 fore mentioned unauthorized settlers, the land upon which they have so 
 established themselves, are to sell it at tho price of wild land, to be set- 
 tled by arbitration, allowing to such settlers all tho benefit of thoir im- 
 provements. 
 
 3dly. — The Canada Company abandon all pretension to any land in 
 townships which though laid out wero not surveyed prior to first March 
 10J4, and which are tlierefuru nut included in the report of the commis- 
 sioners. , . 
 
 4thly. — The Canada Company having expressed a wish that their land 
 not yet surveyed sliuuld be survey«;d upon a different plan from that sur- 
 veyed by the govorimient, and which plun, varying according to local 
 circumstances, and retpiiring with a view to sale more minute subdivisi- 
 on and admeasurement of lots, with detailed reports of the quality of 
 soil, will necessarily cause increased expense ; it is agreed that such 
 survey shall be mndo by thu surveyor general in such manner as the com- 
 pany shall rc(]uirc, subject to tho apprubutiun of the Lieutenant Governor, 
 and that fur such survry His Majesty's government s' II pay at the rate 
 usually paid fur ordinary surveys, the company defray the difference of 
 expense. All surveys so taken are to bo deposited i the surveyor ge- 
 neral's ofHce as evidence of title, in common with tiiusc of other lands, 
 executed under the directions of government. 
 
 5thly. — The instalments to be paid according to the ninth article of 
 the agreement of twenty third May 1826, shall be paid within the pro- 
 vince 
 
 hi 
 
THE THIRD AOREEMKNT. 
 
 47 
 
 vinco to auch officer ax IliH IVIajt'sly hIkiII from limn Vi timo appoint to 
 rocuivo thu aamu, half yearly in uqiml moiutioM, lliut \h to any, on tiio 20th 
 December and the 'iUtli Juno, rcapectively in each year, and title* or 
 
 SrantM ■iiall bo givon for any quantity of uand, not iixcoedin^ in valuo 
 lu amount of audi inatalmcnta within three montlm atler naynittnt of tlio 
 ■amo. Provided alwayH, that when the whole f|uantity of land, for which 
 titlea may bo ao required, ahall exceed in value the amount of tho inatal- 
 ment previoualy paid, auch additional land ahall bo paid for at tho time 
 of applying for the title, and ahall not in any way bo taken aa a diminu- 
 tion of the iiutalment to become due at the following half yearly payment. 
 
 Gthly. — Simon McGillivray EB(|uiro, aa chairman of tho committeo of 
 correapondence of tho Canada Company, having by tho direction of that 
 coinmittoo addreaaed, to Mr. Secretary lluMkiaHoii, a letter bearing date 
 thu 1 Jth day of March inataoti iu tho lollowiiig worda, that ia to aay, — 
 
 >•>' '^1 'iO - 
 
 t- r 
 
 SIR, 
 
 I am directed by the committee of correapondence of tiio Canada 
 Company, to aubmit to your conaideration the following statement and 
 rcmarka with reference to the 2l8t and three following nrtich'H uf tho 
 arrangement dated the 2Gth of November 1824 between Ilia Majeaty's 
 government and tho company. ,,,._. . , ,, , 
 
 The effect of those articles may be shortly stated to be, that the com- 
 pany are at liberty to select for settlement uuch parts of tho lands com- 
 prized in their intended purchase aa they may deem best adapted tor that 
 purpose. Thev aro to bo restricted neither as to tho quantity nor ns to 
 the situation of'^the lands which they are tiius to occupy. But they arc 
 bound to make quarterly returns of all the lands of which they may so 
 take possession, and to pay in each quarter the whole price of the land.4 
 so occupied, upon receiving from the crown a grant of them in fee sim))lc. 
 Tho eflect of these provisions is, that the settlements of the company 
 must always be limitcil h^ their power to command tho necessar} capital 
 for defraying th»' vo of the land upon which they may enter. A mi- 
 nimum is fixed, l>< luw whicii the annual iiivcstsmcnts of the company mny 
 not fall, and Ki tiii«t minimum their investments will necessarily be con- 
 fined, unless thev should have at their command funds enabling thorn to 
 exceed it- 
 
 The consequences of this part of the contract will, it is apprehended, 
 be equally detrimental to the company and to the public. 
 
 It is obvious that if no such restriction existed the company might with 
 great comparative rapidity effect their ultimate objoci of settling the ter- 
 ritory they have contracted to purchase. The | ovince would thus reap 
 all the addition 1 benefit to be anticipated from the more coi'ly introduc- 
 tion of population and capital. , ;; ,,i .. j, 
 
 The company on the other hand, by the abolition of this restraint, would 
 be enabled to anticipate the location and sale of a large part of their 
 territory which must otherwise remain for many years in a wild and un- 
 productive state ; they would at a comparatively early period hope to 
 enter into the receipt of profits, and bo enabled with the less pressure up- 
 on the general body of proprietors to meet the annual demands of the 
 government. 
 
 The 
 
\ ' 
 
 '{( 
 
 THfi TttlflO AonstiKieNt. 
 
 The inerdAicid i^pldlty which might, by these me»(i«, be tM{)(ni6d to 
 the operationn of the coinpfeoy, would hiive the e0ect of (>t«vehting the 
 •ettleitient of BtiftUthoriKed intruder*. The cfoWn would thui be re* 
 lieired ^om mueh of the expense (ind trouble whieh it must otherwiM 
 lUStain by ejecting this clliss of pettoM, ito order to thake an effectual 
 transfer of tbe property to the eompany. It is further submitted, that 
 the crown would sustain no loss by the concession Which is thus proposed^ 
 If the settlements of the company be limited to the territory for which 
 they are actually Able lo pay, large tracts must remain awaiting their fu* 
 ture purchases in a state totally Unproductire of any intermediate profit 
 to the public. 
 
 Neither is it apprehended that by placing the company in possessioil 
 of territory exceeding in value the price which they may be able to pay, 
 the crown would incur any risk of ultimately losing any part of the puh* 
 chase money. The company do not presume to ask for any grant or legal 
 conveyance of any land until the price has been actually paid. They 
 solicit only permission to occupy such territory as they may think desi- 
 r^le on a merely permissive title. If the prescribed payments should 
 mil in arrear such a permission could not destroy or impair the right of 
 the' crown to resume possession of the latid so occupied. , _ 
 
 The company further presume to suggest, that the delay which aroflB 
 in granting their charter, for which they certainly were not responsible, 
 ha8 given them a strong claim to the favorable consideration of the go- 
 vernment on this occasion. That delay had unavoidably the effect of 
 depreciating their capital stock, and of augmenting the difficulty of mak*' 
 ing calls upon the proprietors for advances of capital ; since the original 
 contract was made with the company, the government have also, unex* 
 pectedly, ofibred lands to settlers upon terms so advantageous as to raise 
 a formidal'e competition against the sale of the company's territory. — 
 This circumstance also, it is humbly conceived, aflfbrds the company a 
 strong claim to some relaxation of the terms ot that contract. ^, 
 
 If it be deemed necessary to require that the company should give to 
 His Majesty's Government any security fur the due payment for Lands 
 occupied before the payment is actually made, the company would be 
 Willing to engage that if any instalments should be in arrear, the crowa 
 Should at its option either resume possession of a part of the occupied 
 but ungranted lands equivalent to any such arrear, or should receive a 
 quit rent chargeable upon the whole of the occupied but ungranted ter- 
 ritory, equal to-— —per cent, per annum, upon the amount of such 
 arrears. If the ctvwn should elect to receive such quit rent, it would of 
 course be redeemable by the company upon the arrears being paid up. 
 
 Under these circumstances I am directed to request that a licence of 
 occupation may be granted to the company, enabling them to take imme- 
 '^i^te possession of the whole or any part of the territory included in 
 their purchase, upon condition, that such licence of occupation shall not 
 prejudice or alter the existing contract, so far as respects the payment 
 of the stipulated instalments to the crown, and also upon condition thai 
 the company shall not be entitled to an^ grant or legal conveyance from 
 the crown of any lands of which the price has not been actually paid. 
 
 M ..* , .,v= ■: ' ^*^« thehonor to be. ^..^ ,^ .^„^ .^;^ ,[^..^^ .„„ 
 
 RJlr, 
 ^"'^ ' ••■•-■' Your most Obedient Humble Servant, 
 
 SIMON M'GILLIVRAY. 
 
 Mr, 
 
 -K 
 
rtDdto 
 
 Ittg the 
 be r«!* 
 
 Rectual 
 (1, that 
 
 f which 
 h«ir h'- 
 B profit 
 
 Bsesftlott 
 I to pay, 
 the put* 
 or legal 
 They 
 nk deai- 
 8 should 
 right of 
 
 ch arose 
 ponaible, 
 r the go- 
 effect of 
 r ot inak- 
 ) original 
 90, unex- 
 a to raisd 
 rritory. — 
 otnpany a 
 
 Id give to 
 for Land^ 
 would be 
 the crowii 
 ! occupied 
 receive a 
 anted ter- 
 tt of duch 
 t would of 
 paid up. 
 
 licence of 
 ake imnie* 
 included in 
 n shall not 
 e payment 
 idition that 
 yance from 
 illy paid. . 
 
 Servant, 
 
 RAY. 
 
 Mr. 
 
THE THIRD AGREEMENT. 
 
 49 
 
 Mr. Huskisson having regard to the considerations stated in the pre- 
 ceding letter, engages on behalf of His Majesty's Government, that the 
 Canada Company shall receive from the local Governnsent of Upper Ca- 
 nada, an immediate licence of occupation of the whole or any part of 
 the territory to be comprised in the company's purchase upon condition 
 that such occupation shall not prejudice or affect the right of the crown 
 to receive the half yearly instalments, which the company are at present 
 bound to pay, and also upon condition, that the company shall by all 
 necessary deeds, or other instruments, convey and assure to the crown, 
 the option, either of resuming a part of the occupied but ungranted 
 lands, equivalent to any arrears of any such quarterly payments, or of 
 receiving a quit rent at the rate of ten per cent, per annum, upon such 
 arrears, chargeable upon the whole of such occupied but ungranted ter- 
 ritory, and redeemable in the manner stated in Mr. McGillivray's letter. 
 
 The company however, reserve to themselves the right of declining 
 to receive such licence of occupation any time within the next twelve 
 calendar months, if they should upon further consideration, find reason 
 to think that the interests of the company would be best consulted by 
 declining to receive it. 
 
 ,! ■ 
 
 7thly.— Mr. Secretary Huskisson will at an early period of the present 
 Session of Parliament, introduce a Bill for the purpose of amending the 
 Act of the 6th George 4th. cap. 75, so as to enable the company to 
 make conveyances of the lands comprised within their contract, in such 
 form as to constitute good and valid titles in Upper Canada, and to ex- 
 ' :-)t such conveyances when executed in England, from the payment of 
 ■-,.1^. stamp duties, and in the event of any modification of the laws of 
 
 ■ jjer Canada, in regard to the registry of such conveyances, being 
 found requisite. His Majesty's Government will recommend the same to 
 the Provincial Legislature. 
 
 8th1y.— By the twelfth article of the second contract, it is stipulated, 
 that if any of the lands sold to the company, shall be alledged by them 
 to bt; altogether unfit for cultivation either in arable or in pasturage, arbi- 
 trators shall be appointed in the manner prescribed in the 31st article of 
 the original contract, and such arbitrators shall decide both whether such 
 lands or any of them are totally unfit for cultivation, and what is the 
 amount of the compensation or equivalent to be allowed to the compa- 
 ny in respect of any such lands, and the lands which shall have been 
 thus decided to be totally unfit for cultivation, shall be thenceforth con- 
 sidered as having lapsed to the crown, and to belong exclusively to the 
 crown. — In lieu of all claims which may hereafter be made under this 
 clause, His Majesty's Government being informed that a large portion of 
 land of this description, must necessarily be included in the block of a 
 million of acres, independent of lakes, &c. agreed to extend the mil- 
 lion, to eleven hundred thousand acres, according to a map, (a copy of 
 which is deposited in this office) and the territory comprised within wliich 
 is, from its contiguity to Luke Huron, to be called the Huron Block or 
 Tract, with the distinct understanding, that the north eastern boundary- 
 line of the tract, as at present drawn, includes not less than 50,000 acres 
 of swamp, or lakes, or ponds, situated in such swamp, or land unsaleable 
 and wholly valueless to ordinary settlers, lying together within such north 
 eastern boundary. — In order to bring this understanding to a definitive 
 result, it is agreed that His Majesty's Surveyor General for the Province 
 of Upper Canada, shall be instructed to ascertain and to report the ex- 
 tent 
 N. 
 
iU ^> 
 
 M 
 
 THE THIRD AGREEMENT. 
 
 tent of swamp, including lakea or ponds therein situated, or land unsale- 
 ablu and wholly valueless, to ordinnry settlers, lying together within such 
 north eastern boundary, and that .. by such report, the quantity shall be 
 found to be less than 50,000 acres, the company shall pay for the number 
 of acres by which it shall fall short of 50,000, in the same manner ua 
 hereinafter provided, in regard to the excess, if any, of the whole tract 
 over 1,100,000 aces. .r •. 
 
 Cthly. — Should the Huron tract upon actual survey, be found to contain 
 .ore than eleven hundred thousand acrea, the company are to pay for the 
 excess at the price fixed for the other lands in the same tract, should it 
 be found to fall short of the above omount, a rateable deduction shall be 
 allowed to the company. — The additional 100,000 acres being granted in 
 lieu of all claims or exceptions which might be advanced by the compa- 
 ny, under the 12th article of the second agreement hereinbefore men- 
 tioned, it is admitted at the same time, that the part of that clause which 
 provides, that the lands so objected to, and " which shall have bean 
 " decided to be totally unfit for cultivation, shall be thenceforth consi- 
 " dered as having lapsed .3 the crown, and to belong exclusively to the 
 " crown," shall cease to operate, the present agreement being, that the 
 tract of 1,100,000 acres, including swamps, lakes, sand hills, and such 
 other varieties of soil as it may contain, shall belong and be granted to 
 the company on payment of the price formerly agreed on for the million 
 of acres. 
 
 L.S. 
 
 .r .■■■■ 1 
 
 Scaled by order of the Court of Directors in our presence. 
 
 (Signed.) 
 
 - ■;; Milts 
 
 li.l 
 
 SIMON McGILLIVRAY, ) Directors of the 
 JOHN HULLETT. 5 Canada Company. 
 
 >i. !.■ ' 
 
 .i I 
 
 ,1 ,- ni r: 
 
 YORK, U. r,. 
 Printed by R. Stanton, Printer to the K ..ig's Most Excellent Majesty. 
 
 ,!' 
 
 
 m i: 
 
 it! . 
 
 ■I 
 
 
nd unsale- 
 irithin such 
 ty shall be 
 lie number 
 manner ua 
 vhole tract 
 
 ■J «! bcii.'O',: 
 to contain 
 pay for the 
 , should it 
 on shall be 
 granted in 
 ;he compa- 
 efore men- 
 ause which 
 have been 
 brth consi- 
 vely to the 
 g, that the 
 I, and such 
 granted to 
 the million 
 
 t of the 
 'ompany. 
 
 ','1 ^hy :i 
 
 NT Majesty. 
 
 > '.,■. '!