Petition of Donald McKay, 14 April 1838, Northumberland County. Transcription.
Digital facsimile of "Petition of Donald McKay, 14 April 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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14.4.38
C.
Know all men by these presents that we Barnaby Julian
Nichola Julian Denny Julian John Julian Luis Julian and
Francy Julian heads of the family of the late John Julian
deceased and of the John Julian Tribe of Indians Inha=
biting the Northwest Branch of Miramichi River
in consideration of the sum of forty pounds of lawful money
of New Brunswick to us in hand paid by Donald McKay
of Northesk in the County of Northumberland Esquire
at or before the ensealing and delivery of these presents,
the receipt and payment whereof we do hereby ack
=knowledge Have and each of us Hath granted bar -
gained sold assigned and Quitted Claim and by
these presents Do and each of us Doth grant bargain
sell assign and quit claims unto the said Donald
MacKay his heirs and assigns all the right title inter =
est property possession claim and demand of us the
Said Barnaby Julian Nichola Julian Denny Julian
John Julian Luis Julian and Francy Julian of and
to all that piece or parcel of land lying on the
easterly side of the Northwest Branch of Miramichi
aforesaid (which was allotted to and reserved for
the Said late John Julian and Tribe) which is bounded as
follows that is to say commencing on the Bank or
Shore of the Said Branch of the Said River at the lower
Side line of the lands at present occupied by the Said
Donald McKay from thence down Stream along the
Bank or Shore of said River, Eighty rods, thence
easterly on a line parallel with the lower Side line
aforesaid back a sufficient distance to include Three
hundred acres of Land, thence up Stream at right
angles with the last mentioned line Eighty rods or
to the lower side line of the said Donald McKays
land, thence westerly along the last mentioned
line to the place of Beginning, To Have and to
Hold the Said piece or parcel of land and
premises above described and hereby conveyed or
intended so to be in as full ample and
Know all men by these presents that we Barnaby Julian
Nichola Julian Denny Julian John Julian Luis Julian and
Francy Julian heads of the family of the late John Julian
deceased and of the John Julian Tribe of Indians Inha=
biting the Northwest Branch of Miramichi River
in consideration of the sum of forty pounds of lawful money
of New Brunswick to us in hand paid by Donald McKay
of Northesk in the County of Northumberland Esquire
at or before the ensealing and delivery of these presents,
the receipt and payment whereof we do hereby ack
=knowledge Have and each of us Hath granted bar -
gained sold assigned and Quitted Claim and by
these presents Do and each of us Doth grant bargain
sell assign and quit claims unto the said Donald
MacKay his heirs and assigns all the right title inter =
est property possession claim and demand of us the
Said Barnaby Julian Nichola Julian Denny Julian
John Julian Luis Julian and Francy Julian of and
to all that piece or parcel of land lying on the
easterly side of the Northwest Branch of Miramichi
aforesaid (which was allotted to and reserved for
the Said late John Julian and Tribe) which is bounded as
follows that is to say commencing on the Bank or
Shore of the Said Branch of the Said River at the lower
Side line of the lands at present occupied by the Said
Donald McKay from thence down Stream along the
Bank or Shore of said River, Eighty rods, thence
easterly on a line parallel with the lower Side line
aforesaid back a sufficient distance to include Three
hundred acres of Land, thence up Stream at right
angles with the last mentioned line Eighty rods or
to the lower side line of the said Donald McKays
land, thence westerly along the last mentioned
line to the place of Beginning, To Have and to
Hold the Said piece or parcel of land and
premises above described and hereby conveyed or
intended so to be in as full ample and
— 2 —
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beneficial a manner to all intents and purposes as
we the said Barnaby Julian Nichola Julian Denny
Julian John Julian Luis Julian and Francy Julian
or any of us might or could have held and
enjoyed the Same had these presents not been made
unto the Said Donald McKay his heirs and assigns,
to the only proper useand benefit and behoof of the
Said Donald McKay his heirs and assigns for ever
In Witness whereof we have hereunto set our
hands and Seals the fourteenth day April in the Year
of our Lord one thousand eight hundred and thirty
Eight
we the said Barnaby Julian Nichola Julian Denny
Julian John Julian Luis Julian and Francy Julian
or any of us might or could have held and
enjoyed the Same had these presents not been made
unto the Said Donald McKay his heirs and assigns,
to the only proper use
Said Donald McKay his heirs and assigns for ever
In Witness whereof we have hereunto set our
hands and Seals the fourteenth day April in the Year
of our Lord one thousand eight hundred and thirty
Eight
Barnaby his X mark Julian X
Nichola his X mark Julian X
Denny his X mark Julian X
John his X mark Julian X
Luis his X mark Julian X
Francis X Julian X
John Julian X
Peter his X mark Julian
Balnard his X mark Julian
Nichola his X mark Julian X
Denny his X mark Julian X
John his X mark Julian X
Luis his X mark Julian X
Francis X Julian X
John Julian X
Peter his X mark Julian
Balnard his X mark Julian
Signed Sealed and Delivered}
In the presence of}
Peter his X mark Julian to Nichola Julian}
William MacKenzie to Belnard}
Anthony Rogers to Francy Julian}
Robert McKay -
Jared Tyler to Barnaby Julian
Witness Present Edward [illegible: 1 word]
In the presence of}
Peter his X mark Julian to Nichola Julian}
William MacKenzie to Belnard}
Anthony Rogers to Francy Julian}
Robert McKay -
Jared Tyler to Barnaby Julian
Witness Present Edward [illegible: 1 word]
Northd
}
County}
Be it Remembered that on the Ninth
day of July in the Year of our Lord
One Thousand Eight Hundred & Thirty Eigth, before me
John Fraser Esquire One of Her Majestys Justices of
the Peace for the County of Northumberland, Personally
came and appeared Nicholas Julian Luis Julian &
John Julian, three of the Subscribers to the above
written Instruments and acknowledged that
the Signed & Sealed the same for the uses & pur
poses therein mentioned of their own free
Will and accord
County}
Be it Remembered that on the Ninth
day of July in the Year of our Lord
One Thousand Eight Hundred & Thirty Eigth, before me
John Fraser Esquire One of Her Majestys Justices of
the Peace for the County of Northumberland, Personally
came and appeared Nicholas Julian Luis Julian &
John Julian, three of the Subscribers to the above
written Instruments and acknowledged that
the Signed & Sealed the same for the uses & pur
poses therein mentioned of their own free
Will and accord
John Fraser J.P.
— 3 —
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Northd
}
County}
Be it Remembered that on this
Twenty Eighth day of July in the Year
of Our Lord One Thousand Eigth Hundred & Thirty Eigth
before me John Fraser Esquire one of Her Majestys
Justices of the Peace in & for the County of Northum
Berland, Personally came & appeared, Francis Julian
One of the Subscribers to the foregoing Instruments &
acknowledged that he Signed & Sealed the same for
the purposes & uses intended, of his own free Will
and accord
County}
Be it Remembered that on this
Twenty Eighth day of July in the Year
of Our Lord One Thousand Eigth Hundred & Thirty Eigth
before me John Fraser Esquire one of Her Majestys
Justices of the Peace in & for the County of Northum
Berland, Personally came & appeared, Francis Julian
One of the Subscribers to the foregoing Instruments &
acknowledged that he Signed & Sealed the same for
the purposes & uses intended, of his own free Will
and accord
John Fraser J.P.
Northd
County Received and Registered the twenty Sixth day
of October in the year of our Lord 1839 in Volume 37 of
the County Records pages 539 and 540 and is Numbered 322 in
said Volume
of October in the year of our Lord 1839 in Volume 37 of
the County Records pages 539 and 540 and is Numbered 322 in
said Volume
JS Street CyRegr
Northumberland}
County S.S.}
Be it Remembered that on the twenty sixth Day [illegible: 1 word]
One Thousand Eight Hundred and Forty One Personally Came
and Appeard before me Jared Tozer Esquire one of her Majestys
Justices of the Peace in and for Said County Barnaby Julian
Chief one of the subscribers to the foregoing Instrument and Ack -
nowleded that he Signed Sealed and delivered the Same for his
act and deed of his own free will and accord for the Use
and purposes therein mentioned
County S.S.}
Be it Remembered that on the twenty sixth Day [illegible: 1 word]
One Thousand Eight Hundred and Forty One Personally Came
and Appeard before me Jared Tozer Esquire one of her Majestys
Justices of the Peace in and for Said County Barnaby Julian
Chief one of the subscribers to the foregoing Instrument and Ack -
nowleded that he Signed Sealed and delivered the Same for his
act and deed of his own free will and accord for the Use
and purposes therein mentioned
Jared Tozer J.P.
— 4 —
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No 322
Deed 1838
Quit
Claims
Barnaby Julian}
Nichola Julian}
Denny Julian}
John Julian}
Luis Julian}
[unclear: Frarncy?] Julian}
to
Donald McKay
Recd for Registry 26th
October 1839
Deed 1838
Quit
Claims
Barnaby Julian}
Nichola Julian}
Denny Julian}
John Julian}
Luis Julian}
[unclear: Frarncy?] Julian}
to
Donald McKay
Recd for Registry 26th
October 1839
Fees 8/- chd to D. McKay
