Petition of James McPhelim, 29 August 1846, Kent County. Transcription.
Digital facsimile of "Petition of James McPhelim, 29 August 1846, Kent County," Provincial Archives of New Brunswick, RS108, reel F4232, 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 Macbean George
Colebrook K.H. Lieutenant Governor
and Commander in Chief of the Province
of New Brunswick &c &c &c
and
The Honourable The Legislative Council
Colonel Sir William Macbean George
Colebrook K.H. Lieutenant Governor
and Commander in Chief of the Province
of New Brunswick &c &c &c
and
The Honourable The Legislative Council
The Petition of James McPhelim of
Buctouche in the County of Kent
Buctouche in the County of Kent
Humbly Sheweth
That your Petitioner is a British Subject and has
purchased from the Indians of this Parish for the Sum of
Thirty Pounds a piece of Land on the "Mill Creek" = which
is described in accompanying Quit Claim and = upon
which your Petitioner is anxious to erect a Saw Mill
immediately - Provided that Your Excellency and Honours
will be pleased to allow a Grant or Lease to issue to
Your Petitioner of the Same, upon payment of any reasonable
sum which Your Excellency and Honours may think proper
to order - That Said Mill is to be prepared with One Gang
of Saws One Circular and One Trimmer That Your
petitioner is anxious to commence the Said Mill immediately
so as to have it in opperation in the ensuing Spring
That Your Petitioner humbly prays that Your
Excellency and Honours will be pleased to Order that the
Said Grant or Lease may be issued to him without
being offered for Competition That he pledges himself
to Comply with the regulations of Government -
purchased from the Indians of this Parish for the Sum of
Thirty Pounds a piece of Land on the "Mill Creek" = which
is described in accompanying Quit Claim and = upon
which your Petitioner is anxious to erect a Saw Mill
immediately - Provided that Your Excellency and Honours
will be pleased to allow a Grant or Lease to issue to
Your Petitioner of the Same, upon payment of any reasonable
sum which Your Excellency and Honours may think proper
to order - That Said Mill is to be prepared with One Gang
of Saws One Circular and One Trimmer That Your
petitioner is anxious to commence the Said Mill immediately
so as to have it in opperation in the ensuing Spring
That Your Petitioner humbly prays that Your
Excellency and Honours will be pleased to Order that the
Said Grant or Lease may be issued to him without
being offered for Competition That he pledges himself
to Comply with the regulations of Government -
And that as in duty bound
he will ever Pray
he will ever Pray
James McPhelim
Buctouche
August 29 th 1846
August 29 th 1846
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{Blank page.}
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Know all men by these Presents that we the
Undersigned Indians of Buctouche in the County of Kent
and Province of New Brunswick by and with the consent
and unanimous approbation of all the men of our Tribe
Have for and in Consideration of the Sum of Thirty
Pounds lawful money of New Brunswick to us in hand
paid by James McPhelim of Buctouche aforesaid Merchant
the Receipt whereof we do hereby acknowledge and are fully
Satisfied with. Granted Bargained Sold Aliened and Conveyed
and by these Presents do Grant Bargain Sell Assign and
Convey unto the Said James McPhelim His Heirs and
Assigns All our Right Title Interest claim and Dema
=nd into or out of all a Certain Piece or Parcel of
Land Situated as follows Viz - Commencing in the Tide
- way on the Mill Creek so called in Buctouche aforesaid
and to extind back on each Side said Stream at Right
Angles with the Stream in a distance of Thirty Rods Thence
parallell with or following the Course of the Said Stream
in a Northwardly direction to the rear line of the Indian
Reserve - a distance of about half a mile and to Contain
Sixty acres more or less - That the Said piece or parcel of
land is Sold by us to the Said James McPhelim for the purpose
of erecting a Saw Mill thereon, and that we are fully
satisfied that the Government Should cause a Grant to
issue to the Said James McPhelim of the Same immedia
- tely or So Soon as His Excellency and The Honourable
The Legislative Council may deem fit. And we as
for ourselves our Heirs and Assigns Grant Sell and Convey
the above described premises unto the Said James Mc
Phelim aforesaid His Heirs Executors Administrators
Undersigned Indians of Buctouche in the County of Kent
and Province of New Brunswick by and with the consent
and unanimous approbation of all the men of our Tribe
Have for and in Consideration of the Sum of Thirty
Pounds lawful money of New Brunswick to us in hand
paid by James McPhelim of Buctouche aforesaid Merchant
the Receipt whereof we do hereby acknowledge and are fully
Satisfied with. Granted Bargained Sold Aliened and Conveyed
and by these Presents do Grant Bargain Sell Assign and
Convey unto the Said James McPhelim His Heirs and
Assigns All our Right Title Interest claim and Dema
=nd into or out of all a Certain Piece or Parcel of
Land Situated as follows Viz - Commencing in the Tide
- way on the Mill Creek so called in Buctouche aforesaid
and to extind back on each Side said Stream at Right
Angles with the Stream in a distance of Thirty Rods Thence
parallell with or following the Course of the Said Stream
in a Northwardly direction to the rear line of the Indian
Reserve - a distance of about half a mile and to Contain
Sixty acres more or less - That the Said piece or parcel of
land is Sold by us to the Said James McPhelim for the purpose
of erecting a Saw Mill thereon, and that we are fully
satisfied that the Government Should cause a Grant to
issue to the Said James McPhelim of the Same immedia
- tely or So Soon as His Excellency and The Honourable
The Legislative Council may deem fit. And we as
for ourselves our Heirs and Assigns Grant Sell and Convey
the above described premises unto the Said James Mc
Phelim aforesaid His Heirs Executors Administrators
and
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and Assigns forever In Witness whereof we do
hereunto Set our hands and Seals this twenty
ninth day of August in the Year of Our Lord
One Thousand Eight Hundred and Forty Six
hereunto Set our hands and Seals this twenty
ninth day of August in the Year of Our Lord
One Thousand Eight Hundred and Forty Six
Thomas his X mark Nicholas (Chief)
Jas his X mark Jerome}
Noel his X mark Denny} Captains
[unclear: Marian?] his X mark Nicholas}
Peter his X mark Nicholas}
Paul his X mark Nicholas
Paul his X mark Paul
Tom his X mark Jerome
Jas his X mark Jerome}
Noel his X mark Denny} Captains
[unclear: Marian?] his X mark Nicholas}
Peter his X mark Nicholas}
Paul his X mark Nicholas
Paul his X mark Paul
Tom his X mark Jerome
Signed Sealed and Delivered}
being first read and explained}
In presence of us}
Peter McPhelim
Francis McPhelim
being first read and explained}
In presence of us}
Peter McPhelim
Francis McPhelim