Petition of Jared Tozer, 9 October 1841, Northumberland County. Transcription.
Digital facsimile of "Petition of Jared Tozer, 9 October 1841, 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.
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To His Excellency Lieutenant Colonel Sir
William McBean George Colebrooke K H
Lieutenant Governor and Commander in Chief of
the province of New Brunswick &c &c &c
William McBean George Colebrooke K H
Lieutenant Governor and Commander in Chief of
the province of New Brunswick &c &c &c
The petition of Jared Tozer of the
parish of Northesk in the County of
Northumberland Esquire
parish of Northesk in the County of
Northumberland Esquire
Respectfully Sheweth
That your petitioner is a British Subject
and a native of this province has a wife and four children
and is now forty three years of age
That your petitioner holds three tracts of
land under lease from the Indians - Two tracts by virtue
of an Indenture of lease bearing the date the eighteenth day of
August 1836 from the Indians direct And another tract
by Indenture of lease bearing date the twenty second day of August
1836 from the Indians to Samuel Traviss Ebenezer
Traviss and Peter Traviss and by them assigned to
your petitioner by Indorsement on the said last mentioned
Indenture of lease bearing date first day of October
1837 as by reference to the said Indenture of lease and
the said assignment of which the annexed documents
marked A, B, and C are correct copies will more
fully appear That the said Indenture of lease
and a native of this province has a wife and four children
and is now forty three years of age
That your petitioner holds three tracts of
land under lease from the Indians - Two tracts by virtue
of an Indenture of lease bearing the date the eighteenth day of
August 1836 from the Indians direct And another tract
by Indenture of lease bearing date the twenty second day of August
1836 from the Indians to Samuel Traviss Ebenezer
Traviss and Peter Traviss and by them assigned to
your petitioner by Indorsement on the said last mentioned
Indenture of lease bearing date first day of October
1837 as by reference to the said Indenture of lease and
the said assignment of which the annexed documents
marked A, B, and C are correct copies will more
fully appear That the said Indenture of lease
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No Survey contain the description abuttals and boundaries of the said
tracts of land
That your petitioner had regularly paid
to the said Indians the rent reserved by the said leases
and has made considerable improvements on the said lands
That on the lands contained in the first men
tioned lease which is to your petitioner direct - Your
petitioner has on the piece of land described in said
lease as Situate on the North Side of the Little South West
Natural Meadow cleared fifty acres and brought the same into a good state
of Cultivation and on the other piece of land described
in that lease as Situate on the South Side of the Same
Stream Your petitioner has cleared and brought into
a State of Cultivation upwards of Six acres and built
a dwelling house and Saw Mill which together with the
Said clearances have cost your petitioner upwards of
three thousand pounds
That of the said land so leased to the
Travisses and by them assigned to your petitioner he
has sold to Daniel Mathews Thirty rods from front to
rear for the sum of thirty pounds and to Jacob
Silliker forty rods from front to rear for the like sum
on which both Silliker and Mathews have made
considerable improvements
That the remainder of the Said tracts
of land in the lease to the Travisses is still in your
petitioners hands and peculiarly valuable from
tracts of land
That your petitioner had regularly paid
to the said Indians the rent reserved by the said leases
and has made considerable improvements on the said lands
That on the lands contained in the first men
tioned lease which is to your petitioner direct - Your
petitioner has on the piece of land described in said
lease as Situate on the North Side of the Little South West
Natural Meadow cleared fifty acres and brought the same into a good state
of Cultivation and on the other piece of land described
in that lease as Situate on the South Side of the Same
Stream Your petitioner has cleared and brought into
a State of Cultivation upwards of Six acres and built
a dwelling house and Saw Mill which together with the
Said clearances have cost your petitioner upwards of
three thousand pounds
That of the said land so leased to the
Travisses and by them assigned to your petitioner he
has sold to Daniel Mathews Thirty rods from front to
rear for the sum of thirty pounds and to Jacob
Silliker forty rods from front to rear for the like sum
on which both Silliker and Mathews have made
considerable improvements
That the remainder of the Said tracts
of land in the lease to the Travisses is still in your
petitioners hands and peculiarly valuable from
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its forming part of your petitioners mill pond to
the Mill mentioned in the first mentioned lease
and consequently indispensable to the use of Your
petitioners Said Saw Mill
That were your petitioner to be
deprived of the lands so leased to your petitioner and now retained
by him as aforesaid it would be quite ruinous to your
petitioner and deprive him of the proceeds of his hard
earnings for the last twenty years
Your Petitioner therefore most humbly
prays that Your Excellency will be pleased
to take his case into Consideration, and to
Cause those parts of the Said lands Contained
in the Said leases and So retained by Your
petitioner as above Stated to be Sold to your
petitioner and a grant to issue accordingly
upon Such fair and equitable terms as to
Your Excellency under the Circumstances
Shall Seem just and Meet
the Mill mentioned in the first mentioned lease
and consequently indispensable to the use of Your
petitioners Said Saw Mill
That were your petitioner to be
deprived of the lands so leased to your petitioner and now retained
by him as aforesaid it would be quite ruinous to your
petitioner and deprive him of the proceeds of his hard
earnings for the last twenty years
Your Petitioner therefore most humbly
prays that Your Excellency will be pleased
to take his case into Consideration, and to
Cause those parts of the Said lands Contained
in the Said leases and So retained by Your
petitioner as above Stated to be Sold to your
petitioner and a grant to issue accordingly
upon Such fair and equitable terms as to
Your Excellency under the Circumstances
Shall Seem just and Meet
And your petitioner as in duty bound will ever pray &c
Jared Tozer
Miramichi
9
th
October 1841
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{Blank page.}
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A
This Indenture made this Eighteenth
day of August in the year of our Lord one thousand eight
hundred and thirty six Between Barnaby Julian ~
Mitchell Julian and Brenard Julian and Francis Julian
sons of Barnaby Julian on behalf of themselves and
the rest of the tribe of Indians Inhabiting the little
south west or branch of the [Andover]orth west Branch of the Mira-
michi in the parish of Northesk of the one part and Jared
Tozer of the parish aforesaid Farmer of the other parish Witness-
eth that for and in consideration of the rents covenants ~
promises and agreements hereinafter reserved and contained
and which on the part and behalf of the said Jared Tozer
his Executors Administrators and assigns are to be paid
done and performed they the said Barnaby Julian Mitchell
Julian and Brenard Julian and Francis Julian sons of Barnaby Julian on behalf
of themselves and the rest of the tribe of Indians Have
demised granted and to farm letten and by these presents
Do demise grant and to farm let unto the said Jared Tozer
his heirs executors administrators and assigns
and each of them Doth for himself demise lease and
to farm let unto the said Jared Tozer his heirs executors
administrators and assigns all their the said ~
Barnaby Julian Mitchell Julian and Brenard
Julian and Francis Julian sons of Barnaby Julian
on behalf of themselves and the rest of the Tribe of
Indians rSight title interest property possession
and reversion of in and to all those two pieces parcels
or Tracts of land situate lying and being in the parish
of Northesk in the County of Nothumberland being
part of the Indian reserve to Francis Julian and
day of August in the year of our Lord one thousand eight
hundred and thirty six Between Barnaby Julian ~
Mitchell Julian and Brenard Julian and Francis Julian
sons of Barnaby Julian on behalf of themselves and
the rest of the tribe of Indians Inhabiting the little
south west or branch of the [Andover]orth west Branch of the Mira-
michi in the parish of Northesk of the one part and Jared
Tozer of the parish aforesaid Farmer of the other parish Witness-
eth that for and in consideration of the rents covenants ~
promises and agreements hereinafter reserved and contained
and which on the part and behalf of the said Jared Tozer
his Executors Administrators and assigns are to be paid
done and performed they the said Barnaby Julian Mitchell
Julian and Brenard Julian and Francis Julian sons of Barnaby Julian on behalf
of themselves and the rest of the tribe of Indians Have
demised granted and to farm letten and by these presents
Do demise grant and to farm let unto the said Jared Tozer
his heirs executors administrators and assigns
and each of them Doth for himself demise lease and
to farm let unto the said Jared Tozer his heirs executors
administrators and assigns all their the said ~
Barnaby Julian Mitchell Julian and Brenard
Julian and Francis Julian sons of Barnaby Julian
on behalf of themselves and the rest of the Tribe of
Indians rSight title interest property possession
and reversion of in and to all those two pieces parcels
or Tracts of land situate lying and being in the parish
of Northesk in the County of Nothumberland being
part of the Indian reserve to Francis Julian and
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Tribe on the north branch of the Miramichi River
and abutted and bounded as follows viz all that piece
or tract of land situate on the north side of the little
south west or Branch of the said main north west com-
mencing on the said north side of the little south west
on the Bank of the river at a marked Elm tree at the
upper bounds of a lot of land also part of the Indian
Reserve now in possession of William Flaherty then
in the rear of a course northerly to the rear line of the
Indian Reserve thence westerly along the said rear
line seventy Rods thence southerly on a line parallel
to the said line to the River thence along the
Bank of the River down stream to the place of beginning
Also all that other piece parcel or tract of land situate
on the south side of the little south west in the parish
and County aforesaid being part of same reserve com-
mencing at the Bank of the River at the upper line or
Boundary of lands now in possession of Perry Long
then in the rear southerly along the said Perry
Longs upper line to the extent of the Block thence
Westerly along the rear line of said Block
one hundred rods or until it strikes the lower
line of lands now in the possession of Samuel Traviss
and others thence northerly along the said Samuel
Traviss lower line to the River thence along the Bank
of the River down stream to the place of beginning Together
with all and singular the rights members privileges
and advantages to the same belonging or in any
wise appertaining To Have and to Hold the said
pieces parcels or tracts of land with the appurtenances
and abutted and bounded as follows viz all that piece
or tract of land situate on the north side of the little
south west or Branch of the said main north west com-
mencing on the said north side of the little south west
on the Bank of the river at a marked Elm tree at the
upper bounds of a lot of land also part of the Indian
Reserve now in possession of William Flaherty then
in the rear of a course northerly to the rear line of the
Indian Reserve thence westerly along the said rear
line seventy Rods thence southerly on a line parallel
to the said line to the River thence along the
Bank of the River down stream to the place of beginning
Also all that other piece parcel or tract of land situate
on the south side of the little south west in the parish
and County aforesaid being part of same reserve com-
mencing at the Bank of the River at the upper line or
Boundary of lands now in possession of Perry Long
then in the rear southerly along the said Perry
Longs upper line to the extent of the Block thence
Westerly along the rear line of said Block
one hundred rods or until it strikes the lower
line of lands now in the possession of Samuel Traviss
and others thence northerly along the said Samuel
Traviss lower line to the River thence along the Bank
of the River down stream to the place of beginning Together
with all and singular the rights members privileges
and advantages to the same belonging or in any
wise appertaining To Have and to Hold the said
pieces parcels or tracts of land with the appurtenances
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hereby demised or intended so to be unto the said Jared Tozer
his heirs Executors administrators or assigns from hence-
forth for ever or during the continuance of the said reserves
to the said Julian Tribe by Government yielding and
paying therefore yearly and every year during the
continuance of this demise and the quiet possession
of the said lands and premises by the said Jared Tozer his
heirs executors administrators or assigns to the said Barnaby
Julian Mitchell Julian and Brenard Julian and Francis
Julian sons of Barnaby Julian or to any one of them or to their
Heirs and successors the yearly rent of nine pounds Current
Money of New Brunswick on the first day of Septembernext
in
each and every year the first payment to be made on the first day of September next
and the said Jared Tozer for himself and his heirs Executors
administrators or assigns doth hereby covenant promise
and agree to and with the said Barnaby Julian Mitchell
Julian and Brenard Julian and Francis Julian their heirs
and successors well and truly to pay or cause to be paid on
the first day of September yearly and every year during
the time he shall be in full enjoyment of the above ~
demised premises according to the true intent and
meaning hereof the said yearly rent of nine pounds as
aforesaid to the said Barnaby Julian Mitchell Julian
and Brenard Julian and Francis Julian or one of them
or to their heirs and successors without any deduction and the
said Barnaby Julian Mitchell Julian and Brenard Julian and
Francis Julian their heirs and successors do hereby cove-
Nant promise and agree to and with the said Jared Tozer
his heirs executors administrators or assigns in manner
following that is to say that the said Jared Tozer his heirs
executors administrators or assigns paying the said yearly
rent hereby reserved in manner aforesaid shall and may
his heirs Executors administrators or assigns from hence-
forth for ever or during the continuance of the said reserves
to the said Julian Tribe by Government yielding and
paying therefore yearly and every year during the
continuance of this demise and the quiet possession
of the said lands and premises by the said Jared Tozer his
heirs executors administrators or assigns to the said Barnaby
Julian Mitchell Julian and Brenard Julian and Francis
Julian sons of Barnaby Julian or to any one of them or to their
Heirs and successors the yearly rent of nine pounds Current
Money of New Brunswick on the first day of September
each and every year the first payment to be made on the first day of September next
and the said Jared Tozer for himself and his heirs Executors
administrators or assigns doth hereby covenant promise
and agree to and with the said Barnaby Julian Mitchell
Julian and Brenard Julian and Francis Julian their heirs
and successors well and truly to pay or cause to be paid on
the first day of September yearly and every year during
the time he shall be in full enjoyment of the above ~
demised premises according to the true intent and
meaning hereof the said yearly rent of nine pounds as
aforesaid to the said Barnaby Julian Mitchell Julian
and Brenard Julian and Francis Julian or one of them
or to their heirs and successors without any deduction and the
said Barnaby Julian Mitchell Julian and Brenard Julian and
Francis Julian their heirs and successors do hereby cove-
Nant promise and agree to and with the said Jared Tozer
his heirs executors administrators or assigns in manner
following that is to say that the said Jared Tozer his heirs
executors administrators or assigns paying the said yearly
rent hereby reserved in manner aforesaid shall and may
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lawfully peaceably and quietly possess have hold occupy
and enjoy the said pieces or parcels of land above described and hereby
demised with the appurtenances during all the term hereby
granted without any lawful let trouble denial or interruption
for by the said Barnaby Julian Mitchell Julian and Brenard
Julian and Francis Julian or either of them or from any of their
Heirs or successors or any other person or persons lawfully –
claiming or to claim by from or under them or any of them
In Witness Whereof the parties to these presents have
Hereunto set their hands and seals on the day and year first
hereinbefore written.
and enjoy the said pieces or parcels of land above described and hereby
demised with the appurtenances during all the term hereby
granted without any lawful let trouble denial or interruption
for by the said Barnaby Julian Mitchell Julian and Brenard
Julian and Francis Julian or either of them or from any of their
Heirs or successors or any other person or persons lawfully –
claiming or to claim by from or under them or any of them
In Witness Whereof the parties to these presents have
Hereunto set their hands and seals on the day and year first
hereinbefore written.
(Signed) Barnaby his x mark Julian (L.S.)
(" ") Mitchell his x mark Julian (L.S.)
(" ") Brenard his x mark Julian (L.S.)
(" ") Francis his x mark Julian (L.S.)
(" ") Jared Tozer (L.S.)
(" ") Mitchell his x mark Julian (L.S.)
(" ") Brenard his x mark Julian (L.S.)
(" ") Francis his x mark Julian (L.S.)
(" ") Jared Tozer (L.S.)
Signed, sealed and delivered in the
presence of " being first read over and fully explained
presence of " being first read over and fully explained
(signed) J.A. Street Cy Regr
Northumberland County Be it remembered that on the fourteenth day
of November 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 appeared Allan A
Davidson one of the subscribing witnesses to the foregoing Lease [unclear: or?]
being by one solemnly sworn on the Holy Evanjalist of almighty
God deposeth and said that he was present and did see Barnaby
Julian Mitchell Julian Benard Julian and Francis Julian
the leasors in the foregoing Lease sign seal execute and deliver
the same for the uses and purposes therein mentioned the
same being first read and explained
of November 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 appeared Allan A
Davidson one of the subscribing witnesses to the foregoing Lease [unclear: or?]
being by one solemnly sworn on the Holy Evanjalist of almighty
God deposeth and said that he was present and did see Barnaby
Julian Mitchell Julian Benard Julian and Francis Julian
the leasors in the foregoing Lease sign seal execute and deliver
the same for the uses and purposes therein mentioned the
same being first read and explained
(signed) J.A. Street Cy Regr
Northd
County Received and Registered the fourteenth day of November in the year
of our Lord one thousand eight hundred and thirty six in Volume
36 of the County Records pages 6-7-8 and 9 and is numbered 4
in said Volume
of our Lord one thousand eight hundred and thirty six in Volume
36 of the County Records pages 6-7-8 and 9 and is numbered 4
in said Volume
(signed) J.A. Street Cy Regr
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B B
This Indenture made the twenty second
day of August One thousand eight hundred and thirty six
Between Barnaby Jullian and Mitchell Jullian Indians on the
North west Branch of the River Miramichi in the Parish of ~
Northesk County of Northumberland & province of New Bruns-
wick on the one part and Ebenizer Traviss Samuel Traviss
and Peter Traviss (Yeoman) of the Parish County and Province
of the other part. Witnesseth that for and in consideration
of the rent hereinafter reserved & of the covenants clauses
and agreements herein contained the said Barnaby Jullian
and Mitchell Jullian for themselves and as acting
for the whole Tribe of Indians of which
he the said Barnaby Jullian is the Chief have demised
granted bargained leased and to farm let and by
these presents do demise grant bargain lease
and to farm let unto the said Ebenezer Traviss
Samuel Traviss and Peter Traviss their heirs
Executors administrators and assignsall that
certain piece parcel or lot of land in the Parish County and
province aforesaid on the south side of the little ~
south west Branch of the River Miramichi being
a part of a tract of Land reserved by Government
for the use and benefit of the Indians of which the
said Barnaby Jullian is a chief; situated bounded
and abutted as follows that is to say Beginning at
the lower side line of a lot of land under lease from
the Indians aforesaid to Daniel Easty is exactly sixty
Rods from the upper Boundry of the Indian tract
Aforesaid thence down stream to a marked Elm
tree standing on the upper side line of a lot of land
under lease from the Indians aforesaid to Moses
Traviss thence along the said upper side line of
said Moses Traviss' lot to the rear of the Indian Tract
of Land aforesaid thence up said rear line of said Indian
Tract of Land aforesaid until it touches the lower
This Indenture made the twenty second
day of August One thousand eight hundred and thirty six
Between Barnaby Jullian and Mitchell Jullian Indians on the
North west Branch of the River Miramichi in the Parish of ~
Northesk County of Northumberland & province of New Bruns-
wick on the one part and Ebenizer Traviss Samuel Traviss
and Peter Traviss (Yeoman) of the Parish County and Province
of the other part. Witnesseth that for and in consideration
of the rent hereinafter reserved & of the covenants clauses
and agreements herein contained the said Barnaby Jullian
and Mitchell Jullian for themselves and as acting
for the whole Tribe of Indians of which
he the said Barnaby Jullian is the Chief have demised
granted bargained leased and to farm let and by
these presents do demise grant bargain lease
and to farm let unto the said Ebenezer Traviss
Samuel Traviss and Peter Traviss their heirs
Executors administrators and assigns
certain piece parcel or lot of land in the Parish County and
province aforesaid on the south side of the little ~
south west Branch of the River Miramichi being
a part of a tract of Land reserved by Government
for the use and benefit of the Indians of which the
said Barnaby Jullian is a chief; situated bounded
and abutted as follows that is to say Beginning at
the lower side line of a lot of land under lease from
the Indians aforesaid to Daniel Easty is exactly sixty
Rods from the upper Boundry of the Indian tract
Aforesaid thence down stream to a marked Elm
tree standing on the upper side line of a lot of land
under lease from the Indians aforesaid to Moses
Traviss thence along the said upper side line of
said Moses Traviss' lot to the rear of the Indian Tract
of Land aforesaid thence up said rear line of said Indian
Tract of Land aforesaid until it touches the lower
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Side line of said lot of Land belonging to said Daniel
Easty thence along said lower side line of Daniel
Easty's to the place of beginning including the whole
of the land situated and lying between the lot leased
to said Daniel Easty and the lot of land leased to said
Moses Traviss. To Have and to Hold all and singular
the said lot of land with all the appurtenances privileges
profits and advantages thereto belonging or in any wise
appertaining unto the said Ebenezer Traviss Samuel
Traviss and Peter Traviss their heirs executors ad-
Ministrators and assigns from and after the date
Hereof until the end of the time and term of years - (and for and
during the full time and term of years,) that the title
of the Indians aforesaid to the tract of land aforesaid
shall continue and hold good as have will and shall
be determined by the province aforesaid and her ~
Government Yielding & paying therefore yearly
and every year during the said Term the sum of four
pounds currency as a yearly rent for the said Land and
premises unto said Barnaby Jullian and Mitchell
Jullian commencing the first payment at this
date and continuing the same on the fifteenth
day of July in each and every year during the term
aforesaid In Witness Whereof the above parties
have hereunto set their hands and seals this twenty
second day of August Eighteen hundred and thirty six.
Easty thence along said lower side line of Daniel
Easty's to the place of beginning including the whole
of the land situated and lying between the lot leased
to said Daniel Easty and the lot of land leased to said
Moses Traviss. To Have and to Hold all and singular
the said lot of land with all the appurtenances privileges
profits and advantages thereto belonging or in any wise
appertaining unto the said Ebenezer Traviss Samuel
Traviss and Peter Traviss their heirs executors ad-
Ministrators and assigns from and after the date
Hereof until the end of the time and term of years - (and for and
during the full time and term of years,) that the title
of the Indians aforesaid to the tract of land aforesaid
shall continue and hold good as have will and shall
be determined by the province aforesaid and her ~
Government Yielding & paying therefore yearly
and every year during the said Term the sum of four
pounds currency as a yearly rent for the said Land and
premises unto said Barnaby Jullian and Mitchell
Jullian commencing the first payment at this
date and continuing the same on the fifteenth
day of July in each and every year during the term
aforesaid In Witness Whereof the above parties
have hereunto set their hands and seals this twenty
second day of August Eighteen hundred and thirty six.
(signed) Barnaby his x mark Jullian (L.S.)
(signed) Mitchell his x mark Jullian (L.S.)
(signed) Mitchell his x mark Jullian (L.S.)
Signed sealed and delivered
the word "Tribes" and Leased" being -
previously interlined above) in the presence
of us
(Signed) S.D. Street
(signed) Allan A Davidson
the word "Tribes" and Leased" being -
previously interlined above) in the presence
of us
(Signed) S.D. Street
(signed) Allan A Davidson
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C
Know all men by these presents that we
Ebenezer Traviss Samuel Traviss and Peter Traviss
of the parish of Northesk in the County of Northumberland
Farmers the Lessees in the within Indenture of Lease
mentioned for and in consideration of the sum of Twenty
Pounds of lawful money of New Brunswick to us in hand
Well and truly paid by Jared Tozer of the same place
Esquire at or before the ensealing and delivery of these
presents to the receipt and payment whereof is hereby ac-
knowledged Have granted bargained sold assigned &
transferred and set over and by these presents Do grant
bargain and sell assign transfer and set over unto the
said Jared Tozer his heirs executors administrators
and assigns all and singular the lands and premises
within mentioned and conveyed or intended so to be
with the rights members privileges improvements
and appurtenances to the same belonging or in any
wise appertaining Also all the estate right title
interest property possession claim and demand
whatsoever us the said Ebenezer Traviss Samuel
Traviss and Peter Traviss or either of us in Law or
equity of in to or out of the same and every part thereof
To Have and to Hold all and singular the said land
and premises within mentioned and described and –
hereby assigned or intended so to be with the appurten
ances unto the said Jared Tozer his heirs executors admin
istrators and assigns to the only proper use benefit and
behoof of the Said Jared Tozer his heirs executors admin
istrators and assigns for and during all the rest residue
and remainder of the said term in and by the within ~
Indenture of Lease granted in as full ample and bene
ficial a manner to all intents and purposes as
Know all men by these presents that we
Ebenezer Traviss Samuel Traviss and Peter Traviss
of the parish of Northesk in the County of Northumberland
Farmers the Lessees in the within Indenture of Lease
mentioned for and in consideration of the sum of Twenty
Pounds of lawful money of New Brunswick to us in hand
Well and truly paid by Jared Tozer of the same place
Esquire at or before the ensealing and delivery of these
presents to the receipt and payment whereof is hereby ac-
knowledged Have granted bargained sold assigned &
transferred and set over and by these presents Do grant
bargain and sell assign transfer and set over unto the
said Jared Tozer his heirs executors administrators
and assigns all and singular the lands and premises
within mentioned and conveyed or intended so to be
with the rights members privileges improvements
and appurtenances to the same belonging or in any
wise appertaining Also all the estate right title
interest property possession claim and demand
whatsoever us the said Ebenezer Traviss Samuel
Traviss and Peter Traviss or either of us in Law or
equity of in to or out of the same and every part thereof
To Have and to Hold all and singular the said land
and premises within mentioned and described and –
hereby assigned or intended so to be with the appurten
ances unto the said Jared Tozer his heirs executors admin
istrators and assigns to the only proper use benefit and
behoof of the Said Jared Tozer his heirs executors admin
istrators and assigns for and during all the rest residue
and remainder of the said term in and by the within ~
Indenture of Lease granted in as full ample and bene
ficial a manner to all intents and purposes as
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we might or could have enjoyed the same had these
presents not been made subject nevertheless to the
payment of the rent and the performance of the covenant
within reserved and contained and on the lessees part ~
to be paid done and performed In Witness Whereof
the first day of October in the year of our Lord one
thousand eight hundred and thirty seven.
presents not been made subject nevertheless to the
payment of the rent and the performance of the covenant
within reserved and contained and on the lessees part ~
to be paid done and performed In Witness Whereof
the first day of October in the year of our Lord one
thousand eight hundred and thirty seven.
Signed sealed and delivered
in presence of
(signed) Ebenezer Traviss (L.S.)
(" ") Samuel Traviss (L.S.)
(" ") Peter Traviss (L.S.)
in presence of
(signed) Ebenezer Traviss (L.S.)
(" ") Samuel Traviss (L.S.)
(" ") Peter Traviss (L.S.)
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38
The Petition of
Jared Tozer Esquire
praying a grant of Indian
land in Northumberland
The Petition of
Jared Tozer Esquire
praying a grant of Indian
land in Northumberland