Petition of James Holmes, 29 March 1838, Northumberland County. Transcription.
Digital facsimile of "Petition of James Holmes, 29 March 1838, 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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This Indenture made this Twenty ninth day of March
in the Year of Our Lord One thousand eight hundred
and thirty eight, Between Barnaby Jullian, Mitchell
Jullian and Bernard Jullian, 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
James Holms of the Said Parish County and
Province aforesaid on the other part, Witnesseth,
That in Consideration of the Rent hereafter by these
presents reserved and of the Covenants and agreements
hereunto Contained, The Said Barnaby Jullian
Mitchell Jullian and Bernard Jullian for themselves
and acting for the Whole Tribe or Tribes of Indians of
which they are Chiefs, Have demised, Seized and
to Farm letten and by these presents do demise
and to Farm let unto the said James Holms and
his Heirs Executors Administrators and assigns a
Piece or Parcel of Land in Said Parish and County,
being part and portion of a Block of Land reserved
by Government for the use and behoof of Francis
Jullians Tribe of Indians of which the said Barnaby
Jullian Mitchell Jullian and Bernard Jullian
are now the Chiefs, lying and being on the North
Side of the River called the Little South West River,
abutted and bounded as follows, vizt, Commencing at
the lower line of a Lot of Land let by as the Said
Barnaby Jullian Mitchell Jullian and Bernard
Jullian to Robert Taylor Shoemaker, and to extend
down Stream Eighty Rods and from thence back on a
lot to the farthest extremity backwards of Said Reserve,
To Have and To Hold the Same and all the and
every of the Appurtenances, privileges and profits and
advantages arising there from unto the said James Holms
and his Heirs Executors Administrators and assigns from
and after the date hereof, always until it shall please
Her Majestys Government to break Said Indian
Reserve and take from Said Indians all Claim to
the Same, Yielding Therefrom and paying unto
the Said Barnaby Jullian Mitchell Jullian and Bernard
Jullian or to their Heirs or Successors, in office as Chiefs
of the Said Indian Tribe, the Sum of One pound of
lawful and current money of the Province of New Brunswick
on the first day of July in each Year as rent of said
Land hereby leased, Commencing the first payment on
the first day of July in each Year provided the said
Barnaby Jullian Mitchell Jullian and Bernard
Jullian do require ask and demand the Same, (that
is the before mentioned Twenty Shillings or One pound)
from the said or before mentioned James Holms on the
above mentioned day of July,
This Indenture made this Twenty ninth day of March
in the Year of Our Lord One thousand eight hundred
and thirty eight, Between Barnaby Jullian, Mitchell
Jullian and Bernard Jullian, 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
James Holms of the Said Parish County and
Province aforesaid on the other part, Witnesseth,
That in Consideration of the Rent hereafter by these
presents reserved and of the Covenants and agreements
hereunto Contained, The Said Barnaby Jullian
Mitchell Jullian and Bernard Jullian for themselves
and acting for the Whole Tribe or Tribes of Indians of
which they are Chiefs, Have demised, Seized and
to Farm letten and by these presents do demise
and to Farm let unto the said James Holms and
his Heirs Executors Administrators and assigns a
Piece or Parcel of Land in Said Parish and County,
being part and portion of a Block of Land reserved
by Government for the use and behoof of Francis
Jullians Tribe of Indians of which the said Barnaby
Jullian Mitchell Jullian and Bernard Jullian
are now the Chiefs, lying and being on the North
Side of the River called the Little South West River,
abutted and bounded as follows, vizt, Commencing at
the lower line of a Lot of Land let by as the Said
Barnaby Jullian Mitchell Jullian and Bernard
Jullian to Robert Taylor Shoemaker, and to extend
down Stream Eighty Rods and from thence back on a
line
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line parallel with the lower side line of Robert Taylors
lot to the farthest extremity backwards of Said Reserve,
To Have and To Hold the Same and all the and
every of the Appurtenances, privileges and profits and
advantages arising there from unto the said James Holms
and his Heirs Executors Administrators and assigns from
and after the date hereof, always until it shall please
Her Majestys Government to break Said Indian
Reserve and take from Said Indians all Claim to
the Same, Yielding Therefrom and paying unto
the Said Barnaby Jullian Mitchell Jullian and Bernard
Jullian or to their Heirs or Successors, in office as Chiefs
of the Said Indian Tribe, the Sum of One pound of
lawful and current money of the Province of New Brunswick
on the first day of July in each Year as rent of said
Land hereby leased, Commencing the first payment on
the first day of July in each Year provided the said
Barnaby Jullian Mitchell Jullian and Bernard
Jullian do require ask and demand the Same, (that
is the before mentioned Twenty Shillings or One pound)
from the said or before mentioned James Holms on the
above mentioned day of July,
In Witness whereof the said Barnaby
Jullian Mitchell Jullian and Bernard Jullian have
hereonto Set their hands and Seals this Twenty ninth day
of March in the Year of Our Lord One thousand eight hundred
and thirty eight,
Jullian Mitchell Jullian and Bernard Jullian have
hereonto Set their hands and Seals this Twenty ninth day
of March in the Year of Our Lord One thousand eight hundred
and thirty eight,
Signed Barnaby his X mark Jullian, L.S.
" Mitchell his X mark Jullian L.S.
" Bernard his X mark Jullian L.S.
Witnesses present
Sig, George Laurence
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Northumberland County, Be it remembered that on this
Eighteenth day of October in the Year of Our Lord One
thousand eight hundred and thirty eight, before me
John Fraser Esquire One of Her Majestys Justices of the
Peace in and for the County aforesaid, Personally Came
and appeared George Laurence, the subscribing Witness to
the foregoing written 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 Jullian Mitchell Jullian and Bernard Jullian the
sign seal and deliver the within Lease for the uses and
purposes therein mentioned,
Eighteenth day of October in the Year of Our Lord One
thousand eight hundred and thirty eight, before me
John Fraser Esquire One of Her Majestys Justices of the
Peace in and for the County aforesaid, Personally Came
and appeared George Laurence, the subscribing Witness to
the foregoing written 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 Jullian Mitchell Jullian and Bernard Jullian the
sign seal and deliver the within Lease for the uses and
purposes therein mentioned,
Signed John Fraser J.P.
Northumberland County, to wit, Be it remembered that on the
first day of August in the Year of our Lord One thousand eight
hundred and forty, before me John Ambrose Street Esquire
Register of Deeds and Wills in and for said County, Personally
came and appeared George Laurence the Subscribing Witness to
the foregoing Lease, Who being by me Solemnly Sworn
on the Holy Evangelist of Almighty God, deposeth and
saith that he was present and did see Barnaby
Jullian Mitchell Jullian and Bernard Jullian the
Grantors of the foregoing Lease, sign seal and deliver the
same as their act and deed for the uses and purposes therein
mentioned,
first day of August in the Year of our Lord One thousand eight
hundred and forty, before me John Ambrose Street Esquire
Register of Deeds and Wills in and for said County, Personally
came and appeared George Laurence the Subscribing Witness to
the foregoing Lease, Who being by me Solemnly Sworn
on the Holy Evangelist of Almighty God, deposeth and
saith that he was present and did see Barnaby
Jullian Mitchell Jullian and Bernard Jullian the
Grantors of the foregoing Lease, sign seal and deliver the
same as their act and deed for the uses and purposes therein
mentioned,
Sigd
J A Street Cy Regr,
Northd County, Received and Registered the first day of August
in the Year of Our Lord One thousand eight hundred and forty
in Volume thirty eight of the County Records, pages 119 and
120 and is numbered 76 in said volume,
in the Year of Our Lord One thousand eight hundred and forty
in Volume thirty eight of the County Records, pages 119 and
120 and is numbered 76 in said volume,
Sigd
J A Street Cy Regr
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