Petition of Patrick Dundon, 29 November 1834, Northumberland County. Transcription.
Digital facsimile of "Petition of Patrick Dundon, 29 November 1834, 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:
- Supralinear additions: addition
- Inline additions: addition
- Sublinear additions: addition
- Deletions:
deletion - Unclear text: [unclear: supplied text?]
- 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.
[ view ]
This Indenture made this Twenty Ninth day
of November in the Year of our Lord One Thousand Eight
Hundred and Thirty four; Between Barnaby Julian, Mitchell
Julian, and Benard Julian Indians on the North West
Branch of the River Miramichi, in the Parish of North Esk,
County of Northumberland, and Province of New Brunswick on
the one part, And Patrick Dundon of the Same Parish County
and Province aforesaid, Farmer on The other part, Witnesseth
That in consideration of the rent hereafter by these presents
reserved and of the covenants and agreements herein contained
The Said Barnaby Julian, Mitchell Julian, and Benard Julian
for Themselves, and as acting for the whole Tribe or Tribes of
of Indians of which they are Chiefs; Have demised, leased
and to Farm let and by these presents, do demise and to Farm
let unto the Said Patrick Dundon and his heirs Executors
administrators and assigns, a piece or parcel of Land in
Said Parish and county being a part and portion of a Block
of Land reserved by Government for the use and behoof of
Francis Julians Tribe of Indians of which the Said Barnaby
Julian, Mitchell Julian, and Benard Julian, are now the
chiefs lying and being on the South Side of the River called
the Little South West River abutted and bounded as follows
Viz t commencing at a Spring in the rear of the upper or
western line of a Lot of Land let by us the Said Barnaby
Julian, Mitchell Julian and Benard Julian to Michael M c Kendrick
and to extend from thence North Ten Degrees West or along the Said Upper
Line of Michael M c Kendricks Lot, Sixty Six Rods or untill it comes
to a marked Hemlock Stump from thence west Eighty Degrees South
Eighteen Rods or untill it comes to a marked Hemlock Stump
from Thence South Sixty Degrees, West Sixty Nine Rods or untill it
comes to a marked Hemlock Tree on the Side of the Kings Highway
untill it comes to a marked Birch Stump and from thence
South fifteen Degrees, East Eighty Rods or untill it comes to a
marked Yellow Birch Tree and from thence following the Course of
the Cedar Swamp untill it meets the Said Spring or Starting Point
To have and to hold the Same and all the appurtenances, Priviliges
Profits and Advantages arising Therefrom and also to be allowed
to cut and hawl from any part of the Indian Land next to Said
not leased whatever may be required for Building or other necessary
purposes on the Said Farm unto the Said Patrick Dundon and his
heirs Executors Administrators and Assigns, from and after the date
hereof always untill it Shall please his Majesties Government to
break Said Indian Reserve and take from the Indians all claim
to the Same Yielding Therefrom and Paying Yearly unto the Said
Barnaby Julian, Mitchell Julian and Benard Julian or to their
heirs or Successors in Office as Chiefs of the Said Indian Tribes. The
Sum of Three Pounds for the first year and Five Pounds for each
and every Succeeding year after on the first day of July in each year
as the rent of the land hereby leased commencing the first payment
on the first day of July next, and continuing the Same on the first day
of July in each year. That Should the Said Patrick Dundon or
his heirs Executors or Administrators or Assigns, at any time fail or refuse
to make payment of The Said rent on the day above mentioned after
being asked and required by the Said Barnaby Julian Mitchell
Julian and Benard Julian or their Heirs or Successors in Office as
Chiefs of the said Indian Tribe; it Shall then be in the power of the
said Indian Tribe or their Chiefs to take possession of the said
Lands hereby leased, and therefore render this Lease void and Null
and of no further effect. - In Witness whereof The Said Barnaby
Julian, Mitchell Julian and Benard Julian have hereunto
set Their Hands and Seals. The day and year first above
written -
of November in the Year of our Lord One Thousand Eight
Hundred and Thirty four; Between Barnaby Julian, Mitchell
Julian, and Benard Julian Indians on the North West
Branch of the River Miramichi, in the Parish of North Esk,
County of Northumberland, and Province of New Brunswick on
the one part, And Patrick Dundon of the Same Parish County
and Province aforesaid, Farmer on The other part, Witnesseth
That in consideration of the rent hereafter by these presents
reserved and of the covenants and agreements herein contained
The Said Barnaby Julian, Mitchell Julian, and Benard Julian
for Themselves, and as acting for the whole Tribe or Tribes of
of Indians of which they are Chiefs; Have demised, leased
and to Farm let and by these presents, do demise and to Farm
let unto the Said Patrick Dundon and his heirs Executors
administrators and assigns, a piece or parcel of Land in
Said Parish and county being a part and portion of a Block
of Land reserved by Government for the use and behoof of
Francis Julians Tribe of Indians of which the Said Barnaby
Julian, Mitchell Julian, and Benard Julian, are now the
chiefs lying and being on the South Side of the River called
the Little South West River abutted and bounded as follows
Viz t commencing at a Spring in the rear of the upper or
western line of a Lot of Land let by us the Said Barnaby
Julian, Mitchell Julian and Benard Julian to Michael M c Kendrick
and to extend from thence North Ten Degrees West or along the Said Upper
Line of Michael M c Kendricks Lot, Sixty Six Rods or untill it comes
to a marked Hemlock Stump from thence west Eighty Degrees South
Eighteen Rods or untill it comes to a marked Hemlock Stump
from Thence South Sixty Degrees, West Sixty Nine Rods or untill it
comes to a marked Hemlock Tree on the Side of the Kings Highway
and
— 2 —
[ view ]
and from thence West along the Said Highway Eighteen Rods oruntill it comes to a marked Birch Stump and from thence
South fifteen Degrees, East Eighty Rods or untill it comes to a
marked Yellow Birch Tree and from thence following the Course of
the Cedar Swamp untill it meets the Said Spring or Starting Point
To have and to hold the Same and all the appurtenances, Priviliges
Profits and Advantages arising Therefrom and also to be allowed
to cut and hawl from any part of the Indian Land next to Said
not leased whatever may be required for Building or other necessary
purposes on the Said Farm unto the Said Patrick Dundon and his
heirs Executors Administrators and Assigns, from and after the date
hereof always untill it Shall please his Majesties Government to
break Said Indian Reserve and take from the Indians all claim
to the Same Yielding Therefrom and Paying Yearly unto the Said
Barnaby Julian, Mitchell Julian and Benard Julian or to their
heirs or Successors in Office as Chiefs of the Said Indian Tribes. The
Sum of Three Pounds for the first year and Five Pounds for each
and every Succeeding year after on the first day of July in each year
as the rent of the land hereby leased commencing the first payment
on the first day of July next, and continuing the Same on the first day
of July in each year. That Should the Said Patrick Dundon or
his heirs Executors or Administrators or Assigns, at any time fail or refuse
to make payment of The Said rent on the day above mentioned after
being asked and required by the Said Barnaby Julian Mitchell
Julian and Benard Julian or their Heirs or Successors in Office as
Chiefs of the said Indian Tribe; it Shall then be in the power of the
said Indian Tribe or their Chiefs to take possession of the said
Lands hereby leased, and therefore render this Lease void and Null
and of no further effect. - In Witness whereof The Said Barnaby
Julian, Mitchell Julian and Benard Julian have hereunto
set Their Hands and Seals. The day and year first above
written -
"Witness present" (Sig:)
(Sig:) George Laurence (Sig:)
(Sig:) William Parks (Sig:)
Barnaby his X mark Julian
Mitchell his X mark Julian
Benard his X mark Julian
— 3 —
[ view ]
Northumberland County Be it Remembered that on the tenth day
of October in the year of Our Lord one thousand eight hundred
and thirty six before me John Ambrose Street Esquire Register
of Deeds and Wills for the Said County personally came and
appeared George Laurence one of the Subscribing Witnesses to
the foregoing Lease who being by me Solemnly Sworn on the Holy
Evangelist of Almighty God, deposeth and Saith that he was
personally present and did See Barnaby Julian and Mitchell
Julian two of the Leasors in the foregoing Lease Severally
Sign Seal and execute the foregoing Lease the Same being
first read and explained to them for the uses and purposes
therein mentioned
of October in the year of Our Lord one thousand eight hundred
and thirty six before me John Ambrose Street Esquire Register
of Deeds and Wills for the Said County personally came and
appeared George Laurence one of the Subscribing Witnesses to
the foregoing Lease who being by me Solemnly Sworn on the Holy
Evangelist of Almighty God, deposeth and Saith that he was
personally present and did See Barnaby Julian and Mitchell
Julian two of the Leasors in the foregoing Lease Severally
Sign Seal and execute the foregoing Lease the Same being
first read and explained to them for the uses and purposes
therein mentioned
(Sig:) J. A. Street CyReg
North
ed
County Received and Registered the tenth day of October
in the year of our Lord 1836 in Volume 35 of the County records
pages 510, 511 and 512 and is numbered 250 in the Said Volume
in the year of our Lord 1836 in Volume 35 of the County records
pages 510, 511 and 512 and is numbered 250 in the Said Volume
(Sig:) J. A. Street CyReg
— 4 —
[ view ]
{Blank Page}
