Petition of Donald McKay, 2 September 1841, Northumberland County. Transcription.
Digital facsimile of "Petition of Donald McKay, 2 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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To His Excellency Lieutenant Colonel Sir
William MacBean George Colebrooke K H =
Lieutenant Governor and Commander in Chief of
the Province of New Brunswick
&c &c &c
William MacBean George Colebrooke K H =
Lieutenant Governor and Commander in Chief of
the Province of New Brunswick
&c &c &c
The Petition of Donald McKay of
Northesk in the County of Northumberland Esquire
Northesk in the County of Northumberland Esquire
Most Humbly Sheweth
That in the Year of our Lord =
One thousand Eight hundred and ten Your Petitioner
became the purchaser of improvements of one Pike
and cowls for the sum of Twenty five pounds made by
them on Landsj adjoining lot Number Four in the
Parish of Northesk granted to the late William =
Davidson Esquire and immediately took possession of
the said Lands and made further improvements thereon
untill Your Petitioner was informed that the impro=
=vements thus purchased by Your Petitioner was made
on a part of the Indian allotment
That so soon as your Petitioner
ascertained that to be the fact and having no desire to
deprive the Indians of their reserved Lands he on the
twentieth day of August One thousand Eight hundred
and Thirteen came to an amicable arrangement
with the Heads of the Julian Tribe for the pur=
=chase of their rights and title and interest in and
to all that part of the said Indian allotment to the
late John Julian Tribe at that time in Your Petitioner[unclear: s?]
possession on the North side of the Northwest Branch
of the Miramichi River bounded on the upper
One thousand Eight hundred and ten Your Petitioner
became the purchaser of improvements of one Pike
and cowls for the sum of Twenty five pounds made by
them on Lands
Parish of Northesk granted to the late William =
Davidson Esquire and immediately took possession of
the said Lands and made further improvements thereon
untill Your Petitioner was informed that the impro=
=vements thus purchased by Your Petitioner was made
on a part of the Indian allotment
That so soon as your Petitioner
ascertained that to be the fact and having no desire to
deprive the Indians of their reserved Lands he on the
twentieth day of August One thousand Eight hundred
and Thirteen came to an amicable arrangement
with the Heads of the Julian Tribe for the pur=
=chase of their rights and title and interest in and
to all that part of the said Indian allotment to the
late John Julian Tribe at that time in Your Petitioner[unclear: s?]
possession on the North side of the Northwest Branch
of the Miramichi River bounded on the upper
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side by the said Lot Number Four granted to the said
late William Davidson Esquire and running from said
boundary down Stream Sixty Rods and to extend in
rear the full extent of the said allotment for which
Said Lands and premises Your Petitioner paid to the
Said Indians the sum of Thirty pounds and obtained
their title to the same a certified copy of which title
Deed from the Register of Deeds for this County Marked
A is hereunto annexed and on which Deeds is a receipt
in full for the purchase money
That Your Petitioner on the tenth
of October One Thousand Eight hundred and Thirty one
made a Second purchase of another piece of the said
Indian allotment Commencing on the bank or Shore
of the Northwest Branch of the said river at the lower
side line of the above described tract and thence
down stream Eighty rods and back a sufficient dis =
= tance to contain Three hundered Acres for which
Your Petitioner agreed to pay Fifty pounds One half
of which Your Petitioner agreed to pay the Indians as
required and the balance was to be reserved untill Your
Petitioner obtained the absolute title to the said lands
that at the time of making the said purchase Your
Petitioner paid the sum of ten pounds to two of the Heads
of the said Tribe for the use of the said Indians and =
obtained the Title Deed marked B also annexed
That Your Petitioner on the fourteenth
of April One thousand Eight hundred and Thirty eight
Completed the last mentioned purchase with the Heads
of the Julian Tribe and paid them the balance of the =
purchase money Say Forty pounds with the exception
late William Davidson Esquire and running from said
boundary down Stream Sixty Rods and to extend in
rear the full extent of the said allotment for which
Said Lands and premises Your Petitioner paid to the
Said Indians the sum of Thirty pounds and obtained
their title to the same a certified copy of which title
Deed from the Register of Deeds for this County Marked
A is hereunto annexed and on which Deeds is a receipt
in full for the purchase money
That Your Petitioner on the tenth
of October One Thousand Eight hundred and Thirty one
made a Second purchase of another piece of the said
Indian allotment Commencing on the bank or Shore
of the Northwest Branch of the said river at the lower
side line of the above described tract and thence
down stream Eighty rods and back a sufficient dis =
= tance to contain Three hundered Acres for which
Your Petitioner agreed to pay Fifty pounds One half
of which Your Petitioner agreed to pay the Indians as
required and the balance was to be reserved untill Your
Petitioner obtained the absolute title to the said lands
that at the time of making the said purchase Your
Petitioner paid the sum of ten pounds to two of the Heads
of the said Tribe for the use of the said Indians and =
obtained the Title Deed marked B also annexed
That Your Petitioner on the fourteenth
of April One thousand Eight hundred and Thirty eight
Completed the last mentioned purchase with the Heads
of the Julian Tribe and paid them the balance of the =
purchase money Say Forty pounds with the exception
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of Seven pounds and obtained from them the Deed poll
marked C also annexed and copies of the receipts for the =
whole of the last purchased except for the said Seven pounds
examined and collated are also annexed marked D
That although Your Petitioner was not
bound by the bargain to pay but the One half of the
purchase to the Indians still from their needy State Your
Petitioner was induced not to withhold the amount but has
paid the same except as aforesaid and which amounts were the
full value of the said Lands at the time of the said purchase being
principally in a Wilderness State
That Your Petitioner has since the
said purchases made extensive improvements in the said land
in the way of Farming and has made Valuable erections =
thereon and now resides in the said lands and Your petitioner
feels Satisfied that as he has acted fairly and honestly towards
the Julian Tribe as regards the purchase and payments of the
lands above described and agreed to give them the full value
of the land at the time of purchase and has paid more
than Your Petitioner bargained to pay before receiving a
fee Simple title
Your Petitioner now humbly prays that your -
Excellency will ratify the bargain thus made by
Your Petitioner with the said Julian tribe and order
a grant to issue to your Petitioner for the above Land
thus purchased or otherwise Receive Your Petitioner
in the full enjoyment of the said lands and on such
terms as your Excellency in Your Wisdom may deem
just and equitable
marked C also annexed and copies of the receipts for the =
whole of the last purchased except for the said Seven pounds
examined and collated are also annexed marked D
That although Your Petitioner was not
bound by the bargain to pay but the One half of the
purchase to the Indians still from their needy State Your
Petitioner was induced not to withhold the amount but has
paid the same except as aforesaid and which amounts were the
full value of the said Lands at the time of the said purchase being
principally in a Wilderness State
That Your Petitioner has since the
said purchases made extensive improvements in the said land
in the way of Farming and has made Valuable erections =
thereon and now resides in the said lands and Your petitioner
feels Satisfied that as he has acted fairly and honestly towards
the Julian Tribe as regards the purchase and payments of the
lands above described and agreed to give them the full value
of the land at the time of purchase and has paid more
than Your Petitioner bargained to pay before receiving a
fee Simple title
Your Petitioner now humbly prays that your -
Excellency will ratify the bargain thus made by
Your Petitioner with the said Julian tribe and order
a grant to issue to your Petitioner for the above Land
thus purchased or otherwise Receive Your Petitioner
in the full enjoyment of the said lands and on such
terms as your Excellency in Your Wisdom may deem
just and equitable
And in duty bound Your Petitioner will ever pray
Northesk
2
nd
September 1841
Donald M
c
Kay
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No. 7
Petition
Donald McKay Esquire
1841
Petition
Donald McKay Esquire
1841
Refer to Petition & other
Papers now in Land office
Relative to the Subject
Matter of the within Petition
{Inverted text.}
Papers now in Land office
Relative to the Subject
Matter of the within Petition
Northumberland lands Be it Remembered that on the third
day of September in the year of our lord One Thousand Eight hundred
and Forty one before me John Nesmith Esquire one of Her
Majestys Justices of the Peace for the said County personally came
and appeared Donald McKay the party to the foregoing Petition
who being duly sworn deposeth and saith that the
Received matters and things therein set forth to be Just and
True
day of September in the year of our lord One Thousand Eight hundred
and Forty one before me John Nesmith Esquire one of Her
Majestys Justices of the Peace for the said County personally came
and appeared Donald McKay the party to the foregoing Petition
who being duly sworn deposeth and saith that the
Received matters and things therein set forth to be Just and
True
Donald McKay
Sworn before said
John Nesmith J.P.
Sworn before said
John Nesmith J.P.
