Grant of Dumfries Land to Thomas Gadd

(Cover)

Indenture

Grant

Thomas Gadd

        446 Acres Dumfries
Gore D't
                
        Recorded 29 Jan'y 1836
        [Liber CG folio 171]
                [D. Cameron Reg.]

(Inside)

                        PROVINCE OF UPPER CANADA.

        WILLIAM the FOURTH by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith.
                To all to whom these Presents shall come, -GREETING:

KNOW YE, That We, of our special grace, certain Knowledge and mere Motion, have given and GRANTED, and by these Presents do give and Grant unto
Thomas Gadd, of the Town of Paris in the Township of Dumfries, in the County of Halton, in the District [Gore], Yeoman

heirs and assigns for ever; All that parcel or tract of Land, situate in the Township of Dumfries in the County of Halton in the District of Gore -------------------- in our said Province containing by admeasurement four hundred and forty six acres be the same more or less being Part of a Tract for Parcel of the land originally leased by the late Captain Joseph Brant Agent for the Six Nations Indians, to Benjamin [Ca?by] for the term of nine hundred and ninety nine years, Like [a??] in the Gore of Indian Lanes North of Dundas Street in the paid township of Dumfries

TOGETHER with all the Woods and Waters thereon lying and being, under the reservations, limitations, and conditions, hereinafter expressed; which said four hundred and forty six acres offered are ----------- butted and bounded, or may be otherwise known as follows; that is to say: Commencing where a past has been planted in a Cedar Swamp on the North side of Dundas Street in the original Indian Line on the East side of hte allowance for road between the Townships of Blenheim and DUmfries and at that South East Corner of the Township of Blenheim then Norht seventy eight degrees East one hundred and ninety eight chains ten links [??] more or less along the North side of Dundas street to where a post has been planted at the South West Angle of the Lands of Hiram Capron and two chains ninety links West of the North fifteen degrees forty menutes west between twenty two chains fifty links more or less to where a post has been planted in the original Boundary line in front of the first Concession of the said Township of Dumfries at the North West Angle of the lands of the said Hiram Capron then South seventy eight degrees West one hundred and ninety eight chains ten links more or less along the said original line in front at the said first Concession of the said Township of Dumfries to where a post has been placed in the said original [illegible] at the [illegible] West Angle of Lot Number Thirty eight in the first Concession of the said Township of Dumfries, then South fifteen degrees forty minutes East twenty two chains fifty links more or less to the place of beginning.

TO HAVE AND TO HOLD, the said parcel of tract of Land, hereby given and granted to herein the said Thomas Gadd ------------------------------- his heirs and assigns for ever; saving, nevertheless, to Us, our Heirs and Successors, all Mines of Gold and Silver that shall or may be hereafter found on any part of the said parcel or tract of Land hereby given and granted as aforesaid; and saving and reserving to Us, our Heirs and Successors, all White Pine Trees, that shall or may now or hereafter grow, or be growing on any part of the said parcel or tract of Land hereby granted as aforesaid. PROVIDED ALWAYS, that no part of the parcel or tract of Land hereby given and granted to the said Thomas Gadd and his heirs be within an yreservation heretofore made and marked for Us, our Heirs and SUccessors, by our Surveyor General of Woods, or his lawful Deputy, in which case, this our grant for such part of the Land hereby given and granted to the said Thomas Gadd and his heirs for ever, as aforesaid' and which shall, upon a survey thereof being made, be found within any such reservation, shall be null and void, and of none effect, any thing herein contained to the countrary notwithstanding. PROVIDED ALSO, that the said Thomas Gadd his heirs or assigns, shall and do within three years, erect and build, or cause to be erected and built, in and upon some part of the said parcel or tract of Land, a good and sufficient dwelling house he the said Thomas Gadd or his assigns, not having built, or not being in his or their own right, lawfully possessed of a house in our said Province, and be therein, or cause some person to be therein resident, for and during the space of three years, then next ensuing the building of the same. PROVIDED ALSO, that if at any time or times hereafter the Land so hereby given and granted to the said Thomas Gadd his heirs, shall come into the possession and tenure of any person or persons whomsoever either by virtue of any Deed of sale, conveyance, enfeoffment, or exchange; or by gift, inheritance, descent, devise, or marriage, such person or persons shall within twelve months next after his, her, or their entry into and possession of the same, take the oaths prescribed by Law, before some one of the Magistrates of our said Province, and a certificate of such oath having been so taken, shall cause to be recorded in the Secretary's Office of the said Province. IN DEFAULT of all or any of which conditions, limitations and restrictions, this said grant, and every thing herein contained, shall be, and We hereby declare the same to be null and void, to all intents and purposes whatsoever' and the land hereby granted, and every part and parcel thereof, shall revert to, and shall become vested in Us, our Heirs and Succesors, in all like manner as if the same had never been granted, any thing herein contained to the countrary thereof in anywise notwithstanding.
        AND WHEREAS, by an Act of Parliament of Great Britain passed in the thirty-first year of the Reign of His Magesty George the Third, entitled, "An Act to repeal certain parts, of an Act passed in the Fourteenth year of His Majesty's Reign, entitled 'An Act for making more effectual provision for the Government of the Province of Quebec, in North America, and to make further provision for the Government of the said Province," it is declared, "that no grant of lands thereafter made, should be valid or effectual, unless the same should contain a specification of the Lands to be allotted and appropriated solely to the maintenance of a Protestant Clergy within the said Province, in respect of the Lands to be thereby granted." NOW KNOW YE, that we have caused an allotment or appropriation of,
                sixty three acres and five sevenths to be made in a certain tract to the Westward of the Six Nation Lands and in [illegible] of all the land preserved for the County of Lincoln

        GIVEN under the Great Seal of our said Province of Upper Canada: WITNESS, our trusty and well-beloved Sir John Colborne K.C.B. Lieutenant Governor of our said Province and Major General Commanding our forces therein at Toronto this twentieth day of January in the year of our Lord One Thousand Eight Hundred and thirty six and in the sixth year of our Reign.
        By Command of His Excellency in Council.
D. Cameron, Sy

(left margin)
J. Colborne
Robert Jameson Attorney General
O.C. 7 May 1835 Adm's of Sir J. Colborne K.C.B. &c