The Province of Upper Canada Formed.

The Constitutional Act, 1791, dividing the Province of Quebec into the Province of Upper Canada and the Province of Lower Canada, with a Lieutenant Governor, a Legislative Council and an Assembly for each Province, contains the following provisions regarding the disposal of the lands of the Crown:

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XLIII. And be it further enacted by the authority aforesaid, that all lands which shall be hereafter granted within the said Province of Upper Canada shall be granted in free and common soccage, in like manner as lands are now holden in free and common soccage in that part of Great Britain called England; and that in every case where lands shall be hereafter granted within the said Province of Lower Canada, and where the grantee thereof shall desire the same to be granted in free and common soccage, the same shall be so granted; but subject nevertheless to such alterations with respect to the nature and consequences of such tenure of free and common soccage, as may be established by any law or laws which may be made by his Majesty, his heirs or successors, by and with the advice and consent of the Legislative Council and Assembly of the Province.

XLIV. And be it further enacted by the authority aforesaid, that if any person or persons holding lands in the said Province of Upper Canadaby virtue of any certificate of occupation derived under the authority of the Governor and Council of the Province of Quebec, and having power and authority to alienate the same, shall at any time from and after the commencement of this Act surrender the same into the hands of his Majesty, his heirs or successors, by petition to the Governor, or Lieutenant-Governor, or person administering the Government of the said Province, setting forth that he, she, or they, is or are desirous of holding the same in free and common soccage, such Governor, or Lieutenant-Governor, or person administering the Government shall thereupon cause a fresh grant to be made to such person of such lands to be holden in free and common soccage.

XLV. Provided nevertheless, and be it further enacted by the authority aforesaid, that such surrender and grant shall not avoid or bar any right or title to any such lands so surrendered, or any interest in the same, to which any person or persons other than the person or persons surrendering the same shall have been entitled either in possession, remainder, or reversion, or otherwise, at the time of such surrender, but that every such surrender and grant shall be made subject to such right, title, and interest, and that every right, title, or interest shall be as valid and effectual as if such surrender and grant had never been made.

Col. and Brigadier General John Graves Simcoe was appointed Lieutenant Governor of the newly-formed Province of Upper Canada, and while passing the winter of 1792 at Quebec, issued the following Proclamation respecting settlement on Crown Lands:

7th February, 1792.

His Excellency JOHN GRAVES SIMCOE, Efquire, Lieutenant Governor and Commander in Chief of the faid Province, and Colonel Commanding His Majesty's Forces, &c. &c. &c.

To fuch as are defirous to fettle on the Lands of the Crown in the Province of Upper Canada:

Be it known to all concerned, that His Majefty hath by His Royal Commiffion and Inftructions to the Governor, and in his abfence to the Lieutenant Governor or Perfon adminiftering the Government for the time being of the faid Province of Upper Canada, given Authority and Command to grant the Lands of the Crown in the fame by Patent under the Great Seal thereof; and it being expedient to publifh and declare the Royal Intention refpecting fuch Grants and Patents, I do accordingly hereby make known the Terms of Grant and Settlement to be:

FIRST. That the Crown Lands to be granted be parcel of a Townfhip: If an Inland Townfhip, of Ten Miles fquare, and if a Townfhip on navigable Waters, of Nine Miles in Front and Twelve Miles in Depth, to be run out and marked by His Majefty's Surveyor or Deputy Surveyor General, or under his Sanction and Authority.

SECOND. That only fuch Part of the Townfhip be granted as fhall remain, after a Refervation of one feventh Part thereof, for the Support of a Proteftant Clergy, and one other feventh Part thereof, for the future difpofition of the Crown.

THIRD. That no Farm Lot fhall be granted to any one Perfon which fhall contain more than Two Hundred Acres; yet the Governor, Lieutenant Governor or Perfon adminiftering the Government, is allowed and permitted to grant to any Perfon or Perfons fuch further Quantity of Land as they may defire, not exceeding One Thoufand Acres over and above what may have been before granted to them.

FOURTH. That every Petitoner for Lands make it appear, that he or fhe is in a Condition to cultivate and improve the fame, and fhall befides taking the ufual Oaths, fubfcribe a Declaration (before proper Perfons to be for that purpofe appointed) of the Tenor of the Words following, viz. “I A. B. "do promife and declare that I will maintain and defend to the utmoft of my Power the Authority of the King in His Parliament as the fupreme "Legiflature of this Province."

FIFTH. That Applications for Grants be made by Petition to the Governor, Lieutenant Governor, or Perfon adminiftering the Government for the time being, and where it is advifeable to grant the Prayer thereof a Warrant fhall iffue to the proper Officer for a furvey thereof, returnable within Six Months with a Plot annexed, and be followed with a Patent granting the fame, if defired, in Free and Common Soccage, upon the Terms and Conditions in the Royal Inftructions expreffed, and herein after suggefted.

SIXTH. That all grants referve to the Crown all Coals, commonly called Sea Coals, and Mines of Gold, Silver, Copper, Tin, Iron, and Lead; and each Patent contain a Claufe for the Refervation of Timber for the Royal Navy of the Tenor following:

"And provided alfo, that no Part of the Tract or Parcel of Land hereby granted to the faid and his Heirs, be within any Referv"ation heretofore made and marked for Us, Our Heirs and Succeffors by "Our Surveyor General of Woods, or his lawful Deputy; in which Cafe, this Our Grant for fuch Part of the Land hereby given and granted to the "faid and his Heirs for ever as aforesaid, and which fhall upon a furvey thereof being made, be found within any fuch Refervation, "fhall be null and void, any thing herein contained, to the contrary notwithftanding."

SEVENTH. That the Two Sevenths referved for the Crown's future Difpofition, and the Support of a Proteftant Clergy, be not fevered Tracts each of One Seventh Part of the Townfhip, but fuch Lots or Farms therein, as in the Surveyor General's Return of the Survey of the Townfhip, fhall be defcribed as fet apart for thefe Purpofes, between the other Farms of which the faid Townfhip fhall confift, to the Intent that the Lands fo to be referved, may be nearly of the like Value with an equal Quantity of the other Parts to be granted out as afore-mentioned.

EIGHTH. That the refpective Patentees are to take the Eftates granted to them feverally free of Quit Rent and of any other Expences, than fuch Fees as are or may be allowed to be demanded and received by the different Officers concerned in paffing the Patent and recording the fame, to be ftated in a Table authorized and eftablished by the Government and publickly fixed up in the feveral Offices of the Clerk of the Council, of the Surveyor General, and of the Secretary of the Province.

NINTH. That every Patent be entered upon Record within Six Months from the Date thereof, in the Secretary's or Regifter's Offices, and a Docket thereof in the Auditor's Office.

TENTH. Whenever it fhall be thought advifeable to grant any given Quantity to one Perfon of One Thoufand Acres or under, and the fame cannot be found by Reafon of the faid Refervations and prior Grants within the Townfhip in the Petition expreffed, the fame, or what fhall be requifite to make up to fuch Perfon the Quantity advifed, fhall be located to him, in fome other Townfhip upon a new Petition for that Purpofe to be preferred.

And of the faid feveral Regulations, all Perfons concerned are to take Notice, and govern themselves accordingly.

GIVEN under my Hand and Seal in the City of Quebec, the Seventh Day of February, in the Thirty-fecond Year of His Majefty's Reign, and in the Year of Our Lord One thoufand feven hundred and ninety-two.

By His EXCELLENCY'S Command,

JOHN GRAVES SIMCOE.

THOS. TALBOT, Acting Secretary.

FORM OF PETITION FOR LANDS.

To his Excellency John Graves Simcoe, Efquire, Lieutenant Governor, and commander in Chief of the Province of Upper Canada, &c. &c. &c. ́

The Petition of

IN COUNCIL.

Refpectfully fhews,

That your petitioner is defirous to fettle on the lands of the Crown in this Province, being in a condition to cultivate and improve the fame. That he is ready to take the ufual oaths, and to fubfcribe the declaration, that he profeffes the Chriftian Religion, and obedience to the laws, and has lived inoffenfively in the country which he has left. Prays your Excellency, would be pleafed to grant him acres of land upon the terms and conditions expreffed in your Excellency's proclamation bearing date the 7th day of February, 1792, or fuch other quantity of land as to your Excellency in your wifdom may think meet. And your petitioner as in duty bound will