Petition of Jared Betts, 3 August 1810, Northumberland County. Transcription.

Digital facsimile of "Petition of Jared Betts, 3 August 1810, Northumberland County," Provincial Archives of New Brunswick, RS108, reel F4255, Fredericton, New Brunswick. In "Contested Terrain: Aboriginal Land Petitions in New Brunswick, 1786-1878," Atlantic Canada Virtual Archives, University of New Brunswick, Fredericton, New Brunswick.

This version published online 25 March 2010.

Editorial Principles

The diplomatic rendition attempts to present the source document text as it actually appears. The following symbols are used to indicate details of authorial and editorial inscription:

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  • Inline additions: addition
  • Sublinear additions: addition
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  • Illegible text: [illegible: 1 word]
  • Damaged text: supplied text
  • Transcribers' notes: {text of note}
Original spellings are retained, as are abbreviations, lineation, and end-of-line hyphenation. Alignment of opening and closing elements in letters is standardized.
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This Indenture made the third day of
August in the year of our Lord one Thousand eight hun
=dred and ten
, and in the fiftieth year of His Majesty's
Reign, Between Lewis Barnaby of Mirimachi in the
County of Northumberland and Province of New Brunswick
(and one of the Mirimachi Tribe of Indians,) Huntsman &c -
of the one part, and Edward Simonds late of the City of
Saint John, now of Mirimachi in the said County of
Northumberland Merchant of the other part
Witnesseth that the said Lewis Barnaby for and in
consideration of the rents covenants and agreements
herein after reserved and mentioned on the part of
Edward Simonds, his Executors, administrators and assigns
to be kept and performed, Have demised, leased and
to farm letten, and by these presents do demise, lease
and to farm let unto the said Edward Simonds, All
that Island lying and being in the south west branch
of the River Miramichi within the said County, commonly
called and known by the name of Barnabys Island
together with all and singular, the commodity privi=
=ledges of every kind, and in every part of the said Island
premises hereby demised, belonging or in any-wise
appertaining.
To have and To hold the said
premises hereby demised, and every part and parcel
thereof with the appurtenances thereunto belonging
and with the priviledges and advantages arising from
the same, unto the said Edward Simonds, his Executors
Administrators and Assigns, from the day of the date
hereof, untill the first day of May which will be
in the year of Our Lord, one Thousand eight hundred
and Thirty one
; that is to say, during the term of twenty
one years from and after the first day of May this present
year, Yielding, and paying therefor the Rent or Sum
of Twenty Shillings current money of the said Province
annually upon the first day of May in each and
every year during the said term of Twenty One Years
unto
— 2 —
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unto the said Lewis Barnaby, his Executors and
administrators, and in default of the payment
of the said rents, upon the days and times before
mentioned, if demanded, it shall and may be
lawful for the said Lewis Barnaby, his heirs
Executors and Administrators to reenter upon the
premises hereby demised, in as full and free a
manner as he could have done if this lease and
demise had not been made, he or they first
paying to the said Edward Simonds, his heirs
Executors, Administrators or Assigns, the value of
any and every Building, and every other improvement
which he or they may erect and make upon or
adjoining the said demised premises, at a fair and
equitable appraisal of the same by persons chosen
jointly by the parties to this demise, whose appraisal
shall be conclusive against the claims of the party
at whose expence all such improvements had
at any time been made by virtue of the clauses and
Covenants herein mentioned, And the said Lewis
Barnaby
for himself his heirs, executors and admi=
=nistrators doth hereby further covenant and
agree to either continue this demise for a further
term, at the rent herein stipulated, on or before the
expiration of the same, or to pay for all the
Buildings and improvements at a fair apprai=
=sal as is before mentioned, provided that Government
shall prolong the term of Twenty One years, which
is the time when the present right and claim of
the said Lewis Barnaby to the said Island expires,
as by recourse to the records of His Majesty's Council
for this Province will appear
In Witness whereof the
parties to these presents have hereunto,
and to a counterpart hereof, interchangeably
— 3 —
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set their hands and ^ affixed their seals the day {page torn}
year first above written.
Signed Sealed and
delivered in the
presence of
Edward Simonds
James Walls
George Henderson
Lewis hisxmark Barnaby
The foregoing is a Copy of the original
lease from Lewis Barnaby to Edward Simonds
now in my possession
Charles Simonds
— 4 —
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Copy
Lewis Barnaby
to
Edward Simonds } lease
Barnaby Island
expires in 1831