169

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ENTRY	YEAR	MONTH	DAY	NO.	FIRSTNATIONSURRENDERING	OTHERSURRENDERER	LOCATIONNAME	COUNTY	INDEXTEXT	PAGE	VOLUME
328	1879	3	20	169	CHIPPEWA/OJIBBEWA		SARAWAK TOWNSHIP	GREY	BY DAVID AND JAMES JOHNSON. PART OF LOT 16, CON. 3, SARAWAK TOWNSHIP, GREY COUNTY. GRAVEYARD FOR CHIPPEWA INDIANS	71	II
654	1879	3	20	169			SARAWAK TOWNSHIP	GREY	(JOHNSON, DAVID)--PART OF LOT 16, CON. 3, SARAWAK TOWNSHIP, GREY COUNTY. FOR CHIPPEWA INDIANS	71	II
655	1879	(torn)	(torn)	169			SARAWAK TOWNSHIP	GREY	(*TORN*, JAMES)--PART OF LOT 16, CON. 3, SARAWAK TOWNSHIP, GREY COUNTY. FOR CHIPPEWA INDIANS	71	II
1100	1879	3	20	169		DAVID AND JAMES JOHNSON	SARAWAK TOWNSHIP	GREY COUNTY	BY DAVID AND JAMES JOHNSON. PART OF LOT 16, CON. 3. FOR CHIPPEWA INDIANS	71	II

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169

Date: 1879/03/20

←168.5 170→

Transcribed Source Document

Source document pg. 1

pg.2

No. 169. This Indenture, made the twentieth day of March, in the year of Our Lord one thousand eight hundred and seventy-nine:

Between David Johnson and James Johnson, both of the Township of Sarawak, in the County of Grey, in the Province of Ontario and Dominion of Canada, farmers, of the first part;

Catherine Johnson, of the same place, wife of the said David Johnson, of the second part; And Her Majesty Queen Victoria of the third part.

Whereas, by letters patent under the Great Seal of the Province of Canada, dated the twentieth day of June, in the year of Our Lord one thousand eight hundred and sixty-seven, Her Majesty Queen Victoria granted unto one William Roy, of the said Township of Sarawak, Esquire, lot number sixteen, in the third concession of the Township of Sarawak, in the County of Grey, in the Province of Ontario and Dominion of Canada, reserving thereout the Indian graveyard thereon, containing one quarter of an acre.

And Whereas, the said William Roy granted and conveyed said lot to one John Scagel, and the said John Scagel granted and conveyed same to one Samuel Redfern, and the said Samuel Redfern granted and conveyed same to the said parties of the first part, all said conveyances being subject to said reservation.

And Whereas, the said Indian graveyard had not at the time of the issuing of the said patent been selected or set apart.

And Whereas, the land hereinafter described has been selected and set apart by Her Majesty the Queen as an Indian graveyard reserved in said letters patent, and Her Majesty the Queen has, through Her Superintendent-General of Indian Affairs for the Dominion of Canada, requested the said parties of the first part to surrender same to Her Majesty in trust for the use of the Cape Croker Band of Chippewa Indians.

Now This Indenture Witnesseth, that the said parties of the first part, in consideration of the premises and of the sum of one dollar to them in hand paid (the receipt whereof is hereby acknowledged), have granted and surrendered, and by these presents do grant and surrender unto Her Majesty Queen Victoria and Her successors, all and singular that parcel or tract of land situate, lying and being in the Township of Sarawak, in the County of Grey, in the Province of Ontario and Dominion of Canada: Being composed of a portion of lot number sixteen in the third concession of the Township of Sarawak aforesaid, and which may be more particularly described as follows, that is to say:

Commencing at a post one chain north seventy-three degrees west from where the line between lots fifteen and sixteen in the said third concession of the Township of Sarawak produced would intersect the water’s edge of Owen Sound Bay; thence north seventy-three degrees, west one chain and sixty links to a post; thence north seventeen degrees, east one chain and ninety links to a post at the end of the mill dam; thence at a course of about south fifty-one degrees, east (following the edge of the Indian River) one chain and seventy links, more or less; thence south seventeen degrees, west one chain and twenty-five links to the place of beginning, containing one rood, more or less—all the above courses being magnetic.

To have and to hold the said parcel or tract of land hereby granted and surrendered, with the appurtenances, unto Her said Majesty the Queen and Her successors in trust for the sole use and benefit of the Cape Croker Band of Chippewa Indians.

And the said party of the second part, wife of the said David Johnson, for and in consideration of the premises and of the sum of one dollar of lawful money of Canada to her in hand paid at or before the sealing and delivery of these presents (the receipt whereof is hereby acknowledged), hath granted and released, and by these presents doth grant and release unto Her said Majesty the Queen and Her successors, all her dower and right and title which, in the event of her surviving her said husband she might or would have to dower into or out of the lands and premises hereby conveyed or intended so to be.

And Her said Majesty the Queen accepts and confirms said surrender, testified by the signature hereto of the Superintendent-General of Indian Affairs for Canada.

In Witness Whereof, the said parties hereto have hereunto set their hands and seals.

Signed, sealed and delivered in the presence of J. W. McDowall, as regards signatures of David Johnson, James Johnson, and Catherine Johnson; H. Kinloch, as to signature of the Superintendent-General of Indian Affairs.

David Johnson [L.S.]

James Johnson [L.S.]

Catherine Johnson [L.S.]

John A. Macdonald, Superintendent-General of Indian Affairs. [L.S.]

Dominion of Canada,

Province of Ontario,

County of Grey,

To Wit:

I, Joseph William McDowall, of the Town of Owen Sound, in the County of Grey, in the Province of Ontario and Dominion of Canada, student-at-law, make oath and say:

1. That I was personally present and did see the within Instrument and the duplicate thereof duly signed, sealed and executed by James Johnson, David Johnson, and Catherine Johnson, wife of the said David Johnson, three of the parties thereto.
2. That the said Instrument and duplicate thereof were executed by the said James Johnson, David Johnson, and Catherine Johnson, at the said Town of Owen Sound.
3. That I know the said parties, and that said James Johnson is an unmarried man.
4. That I am a subscribing witness to the said Instrument and duplicate.