304

From Mapping Land Theft by Canada
Jump to navigation Jump to search

Index Text

Click "Expand" to expand index table

ENTRY YEAR MONTH DAY NO. FIRSTNATIONSURRENDERING OTHERSURRENDERER LOCATIONNAME COUNTY INDEXTEXT PAGE VOLUME
1687 1891 12 23 304 MOHAWK BAND TYENDINAGA RESERVE, TOWN OF DESERONTO (BAY OF QUINTE RAILWAY) BY MOHAWK BAND. PART OF CONCESSION A, TYENDINAGA RESERVE, AND PART OF TOWN OF DESERONTO, ALSO RIGHT OF WAY 42
1724 1891 12 23 304 MOHAWKS BAY OF QUINTE; TOWN OF DESERONTO ONTARIO PART OF CON. A, TYENDINAGA RESERVE, AND PART OF TOWN OF DESERONTO; ALSO RIGHT OF WAY FOR THE BAY OF QUINTE RAILWAY 42
1858 1891 12 23 304 MOHAWK TYENDINAGA TOWNSHIP HASTINGS   BY MOHAWK BAND. PART OF CON. A, AND PART OF TOWN OF DESERONTO, ALSO RIGHT OF WAY. FOR BAY OF QUINTE RAILWAY 42

Click here for a full screen map

304

Date: 1891/12/23

303 305

Transcribed Source Document

Source document pg. 1[1]
pg.2
pg.3
pg.4
pg.5
pg.6

No. 304

Know all Men By These Present

That We, the undersigned Chief and Principal Men of the Mohawks of The Bay of Quinte Band of Indians, resident on our Reserve in the Township of Tyendinaga, in the County of Hastings, in the Province of Ontario, and Dominion of Canada, for and acting on behalf of the whole people of our said Band in Council assembled, Do hereby release, remise, surrender, quit claim and yield up unto Our Sovereign Lady, The Queen, her Heirs and Successors forever.

All And Singular, that certain parcel or tract of land and premises, situate lying and being partly in the Town of Deseronto and partly in the Township of Tyendinaga, in the County of Hastings and Province of Ontario, Comprising all that part of the unsurrendered portion of Concession A of the Tyendinaga Indian Reserve lying within the limits of the said Town of Deseronto, except Cornelius Maracle’s part of lot No. 36, and all that unsurrendered portion of the said Indian Reserve lying South of the travelled road near the shores of The Bay of Quinte across lots 35, 34, 33, 32, 31, and part of lot 30 in Concession A of said Township, and such portions or narrow strips of land North of the said travelled road as may be required for the Right of Way of the extension of The Bay of Quinte Railway to Upper Ferry as shown approximately on a plan made by M. J. Butler P. L. S. dated April 30th 1888 of record in the Department of Indian Affairs and such other portions or narrow strips of land as may be required for the deviations of the said travelled road and that may be necessary for the construction of the said extension of The Bay of Quinte Railway, and also for the Right of Way for the said Railway, from some point at or near what is herein called the Upper Ferry to about Lot 22 in said Concession A, being approximately 187 acres, and which may be described as follows:

Commencing at the point where the Centre line between the East and West halves of lot 38 in the said Concession A intersects the waters edge of The Bay of Quinte, thence Northerly along the said centre line 1.70 chains more or less to the South limit of Main Street, Thence South Westerly along the said South limit 10.25 chains more or less to the limit between lots 37 and 38, thence North Westerly along the said limit 13.65 chains more or less to the South limit of the School lot, thence Westerly along the said South limit 4.00 chains more or less to the South West angle of the said School lot, thence Northerly along the Westerly limit of the said School lot 7.50 chains to the Northerly limit of the same, thence Easterly along the said Northerly limit 4.00 chains to the limit between lots 37 and 38, thence North Westerly along the said limit 15.70 chains more or less to the Northerly limit of the Road allowance between Concessions A and 2nd South of the Slash Road, thence Westerly along the said North limit 20.40 chains to the Eastern limit of lot 36, thence Southerly along the said limit 11.10 chains to the Southern limit of the York Road as now travelled, thence Westerly following said limit of the York Road 21.20 chains to the East limit of the Road allowance between lots 35 and 36, thence Southerly along the said East limit 39.00 chains more or less to the Northerly limit of the allowance for a deviation of the said travelled road deviated for the purposes of the extension of The Bay of Quinte Railway, as the case may be, thence Westerly along the said Northerly limits of the allowance for the said travelled road or of the deviations of the same to a point in lot 30, distant due East from the Westerly limit of the said lot 30, 4.40 chains and distant in a line parallel with the said Westerly limit 3.00 chains from a point on the shore of the Bay of Quinte known as the Upper Ferry, thence Southerly along the said parallel line 3.00 chains to the waters edge of the Bay of Quinte, thence Easterly and following the said waters edge along the fronts of lots 30, 31, 32, 33, 34, 35, 36, 37 and the West half of 38 to the place of beginning, together with suitable land sufficient for the extension of the said Railway, as provided in its charter, from some point near the said Upper Ferry as shown on the annexed plan, to opposite Telegraph Island, Saving and excepting therefrom all those portions of lots 33, 34 and 35, surrendered for Church purposes 20th January 1836.

Also all the water frontage of the said described parcel of land, that is to say, all the land covered by water between the waters edge and deep or navigable water, commencing at the centre line between the East and West halves of lot 38 produced to said deep water, thence Westward to the above-mentioned point in lot 30 known as the Upper Ferry and bounded at the said point by a line produced parallel with the Westerly limit of said lot 30 to deep water as aforesaid; subject, however, to the reservation of sixty-six feet each for roadways between lots 35 and 36,—in the centre of lot 38,—between lots 31 and 32 and between lots 30 and 31 across the lands hereby surrendered for the extension of said Railway and over the water frontage to deep water.

THE said water frontage and the above-described lands are indicated on a plan attached hereto, except the right of way from near the Upper Ferry to opposite Telegraph Island; and the reservation for roadways to deep water.

To Have and to Hold the same unto Her said Majesty, the Queen, Her Heirs and Successors forever, in trust to dispose of the same to such person or persons, and upon such terms as the Government of the Dominion of Canada may deem most conducive to Our Welfare and that of Our People.

Upon the conditions that all moneys received from the disposal thereof shall, after deducting the usual proportion for expenses of management, be placed to our credit and the interest thereon paid to us and our descendants, until such time as we or our descendants may purchase through the said Government land suitable for settlement, at such current market prices as may be obtainable, and which lands shall be held by us upon the same terms as the present Reserve; but before any such lands are purchased as aforesaid, the moneys so received may be applied, on the requisition of the Council of our Band to make improvements on our Reserve as follows:

$500. To build a bridge across Sucker Creek, between lots 35 and 36.

$200. To open up side-road between said lots from the Slash road North to the deeded land.

$200. To repair the Ridge road.

$250. To repair the York road, and,

$200. To repair the Slash road.


In all

$1350., Thirteen hundred and fifty dollars;


And also a further part of the said proceeds, not to exceed Ten thousand dollars, may be applied on the requisition or requisitions of the Council of our Band, to assist any Indian of our Band, who has had no land to him allotted in our Reserve to purchase from any Indian or Indians of our Band who has or have more land than he or they can properly use and may wish to sell to the amount of Two hundred dollars in each case, or to such other amount as may be approved of by the Council of our Band and the Department of Indian Affairs and also to assist any Indian or Indians of our Band, who may wish to move on land purchased elsewhere to start on such lands.

And We, the said Chief and Principal Men of the said Mohawks of the Bay of Quinte Band of Indians do, on behalf of our people and for ourselves, hereby ratify and confirm, and promise to ratify and confirm, whatever the said Government may do, or cause to be lawfully done, in connection with the disposal of the said parcel of land. And this surrender is made on condition that the price any purchaser shall pay to the Government for the whole or any part or parts of the lands hereby surrendered to Our Sovereign Lady, the Queen, may be agreed upon between the purchaser; the Band, acting by their Council; and the Government: and in case of disagreement, then the proceedings to ascertain and fix the price to be paid by the purchaser shall be by arbitration; the purchaser appointing one arbitrator; the said Band, by their Council, a second arbitrator, and the Government a third arbitrator, and the award of any two or more of such arbitrators shall be final and conclusive between the parties and the said proceedings otherwise shall be as nearly as may be the same as provided by Chapter 29 of 51 Victoria, Statutes of Canada 1888.

In Witness Whereof, we have hereunto set our hands and affixed our seals this 23rd day of December in the year of Our Lord One thousand eight hundred and ninety-one.


Signed, Sealed and Delivered, in presence of

A. Dingman

Inspector of Indian Agencies and Reserves


Jacob B. Brant [L.S.]

Sampson Green [L.S.]

Solomon Loft [L.S.]

A. P. Brant [L.S.]

Henry Brant [L.S.]

Isaac Powles [L.S.]

Andrew T. C. Maracle [L.S.]

Samuel Lemie [L.S.]

Dow Claus [L.S.]

James Hill [L.S.]

John Claus [L.S.]

Joseph John [L.S.]

Joseph J. Brant [L.S.]

Jonah Brant [L.S.]


The said Surrender being contained in five sheets of paper annexed together the first four sheets being respectively signed in the margin thereof by Jacob B. Brant and Sampson Green two of the parties to said surrender.

A. Dingman


DOMINION OF CANADA,

Province of Ontario

County of Hastings

To Wit:

Personally appeared before me, Absalom Dingman of the city of Ottawa in the Province of Ontario Inspector of Indian Agencies and Reserves, and Jacob B. Brant Head Chief of the Band of Indians of the Mohawks of the Bay of Quinte.


AND the said Absalom Dingman for himself saith:

That the annexed Release or Surrender was assented to by a majority of the male members of the said Band of Indians of the Mohawks of the Bay of Quinte of the full age of twenty-one years then present.

That such assent was given at a meeting or council of the said Band summoned for that purpose and according to its Rules.

That he was present at such meeting or council and heard such assent given.

That he was duly authorized to attend such council or meeting by the Superintendent General of Indian Affairs.

That no Indian was present or voted at said council or meeting who was not a member of the Band or interested in the land mentioned in the said Release or Surrender.

And the said Jacob B. Brant says:

That the annexed Release or Surrender was assented to by him and a majority of the male members of the said Band of Indians of the full age of twenty-one years then present.

That such assent was given at a meeting or council of the said Band of Indians summoned for that purpose, according to its Rules, and held in the presence of the said Absalom Dingman.

That no Indian was present or voted at such council or meeting who was not a habitual resident on the Reserve of the said Band of Indians or interested in the land mentioned in the said Release or Surrender.

That he is a Chief of the said Band of Indians and entitled to vote at the said meeting or council.

Sworn before me by the said Deponents Abraham Dingman and Jacob B. Brant at the Town of Deseronto in the County of Hastings this 24th day of December A.D., 1891.

A. Dingman

Jacob B. Brant

Head Chief


J. M. McCullough

A Commissioner of Police in and for the Province of Ontario.


Recorded 3rd May, 1892.

Lib: 139, Fol. 295.


L. A. Catellier

Dep: Registrar General of Canada.


  1. Canada. Indian Treaties and Surrenders from No. 281 to No. 483. CIHM/ICMH Digital Series = CIHM/ICMH Collection Numérisée. Ottawa: C.H. Parmelee, 1912.