Indenture of John Murphy, 20 September 1841, Northumberland County. Transcription.

Digital facsimile of "Indenture of John Murphy, 20 September 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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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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Copy Lease
This Indenture made this twenty sixth day of May in
the year of our Lord one thousand Eight hundred and thirty five

Between Barnaby Julien and Mitchell Julien Chiefs of the
tribe of Indians Known by the name of Julien tribe on the one part
and John Murphy on the other part all of the Parish of NorthEsk
in the Province of New Brunswick. Witnesseth that for and in
consideration of the Rent and Covenants herein after mentioned
the aforesaid Barnaby Julien and Mitchell Julien Leave demised
leased and farm let and do hereby Lease and to farm let unto
John Murphy all that certain lot of land Situate lying and being
on the South Side of the little South West River in the Province
and parish aforesaid bounded as follows Commencing at William
Highlands
lower line thence Running down Stream thirty rods thence
to run in a line parallel to William Highlands lower line to the
full extent of the Indian land then thirty rods to the aforesaid William
Highlands
Lower line to the place of beginning for and in consideration
of the rent of two pounds lawful money of the Province of New
Brunswick
to be paid yearly and every year unto the aforesaid Barnaby
Julien
and Mitchell Julien their heirs Executors Administrators
and assigns one half of the said Sum of two pounds to be paid in Cash
and the other half to be paid in produce and the aforesaid Barnaby
Julien
and Mitchell Julien bind themselves their Heirs Executors
Administrators and assigns to give unto the aforesaid John Murphy his
heirs Executors Administrators and assigns full and peaceable
possession of the aforesaid land and premises during the full end and
Term of whatever period of time the aforesaid Barnaby Julien and
Mitchell their Heirs Executors Administrators and assigns may
— 2 —
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have or hold the aforesaid land and premises and the first year
rent to be come due on the first day of May in the year of our Lord one
thousand Eight hundred and thirty six
and in Case the aforesaid John
Murphy
his heirs Executors Administrators and Assigns shall fail to
make payment of the aforesaid Rent yearly as it shall become
then the aforesaid John Murphy heirs Executors Administrators and
Assigns shall pay the aforesaid Rent. In Witness where of the aforesaid
parties hand hereunto set their hands and Seals the day and year
first above written
Barnaby his x mark Julien
Signed Sealed and delivered
in presence of
Charles McPartlin
John McAllister}
Copy Lease to James Murphy
This Indenture made this twenty Eighth day of May one thousand
Eight hundred and thirty Eight
Between Barnaby Julien and Mitchell
Julien
on behalf of themselves and the rest of the tribe of Indians
inhabiting the little South West Branch of the Miramichi River
in the parish of NorthEsk of the one part and James Murphy of the
Parish of NorthEsk Son of John Murphy of the little South West of the
other part. Witnesseth that for and in Consideration of the Rents
Covenants and Agreements herein Contained and which on the part and
behalf of the said James Murphy his heirs Executors Administrators
Assigns or guardians are to be paid done and performed they the
Said Barnaby Julien and Mitchell Julien on behalf of themselves
And the rest of the tribe of Indians have demised leased and to
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farm let And by these presents Do demise lease and to farm let unto
the said James Murphy his heirs Executors Administrators And assigns
All their right title interest property and possession of in and to all
that piece parcel or tract of land Situate lying and being in the
parish of NorthEsk in the County of Northumberland being part of
the Indian Reserve to Francis Julien and tribe on the Little South West
Branch
of the River Miramichi and abutted And bounded as follows
Viz all that piece or tract of land situate on the South Side of the
Little South West Branch of NorthWest Commencing at James Mc
Cullams
lower line or boundary and extending down Stream Forty Rods
and back to the Highway Road 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 piece parcel
or tract of land with the appurtenances hereby demised to the said
James Murphy his heirs Executors Administrators and assigns from
henceforth for ever or during the Continuance of the said Reserve
to the said Julien Tribe by Goverment. 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 James
Murphy
his heirs Executors Administrators or assigns to the said
Barnaby Julien and Mitchell Julien or any one of them or to their
heirs or Successors the yearly rent of two pounds one half in Cash
the other half in produce or Store goods on the twenty Eighth of May
in each and every year during the Continuance of this demise.
In Witness where of the said parties have hereunto set their hands and
Seals the day and year of first above written
Barnaby his x mark Julien (LS)
Mitchell his x mark Julien (LS)
James his x mark Murphy (LS)
Signed Sealed and delivered in the
presence of
John [unclear: Julilons?]
— 4 —
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Copy Receipt
Received from John Murphy the Rent of the two
lots of land now occupied him up to this date and four pounds
ten shillings over paid
Barnaby his x mark Julien
September 20 th 1841
Witness
Jared Tozer Junr
Patrick Powers