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1779-85.

1784.

1785.

Messrs. Adam Mabane, Thomas Dunn and Jenkin Williams acted as commis

sioners to discharge the duties of Chief Justice for Mr. Living during

absence. Governor General Haldimand withdrew on the 15th of November, and Mr.

Henry Hamilton, one of the Members of the Legislative Council, acted as

Administrator and Lt. Governor.
On the 2nd November, Mr. Hamilton resigned. Col. Henry Hope becamə

Administrator and Lieut. Governor, offices which he held until Lord Dor

chester's (Carleton) arrival as Governor General on Oct. 23rd, 1786. In the same year Wm. Smith became Chief Justice of Canada. Col. Hope died

in 1788 and was succeeded in 1790 as Lieut. Governor of Quebec, by General
Alured Clarke. Sir John Jobnson was Superintendent General of Indian

Affairs and Col. Alexander Mckee, his deputy.
Sir Alured Clarke acted as Administrator during the absence of Dorchester in

Britain.

1786. 1786.

1790.

1791.

1791.

1792,
9-11 July.

CREATION OF LOWER AND UPPER CANADA.
Lord Dorchester, Governor General.
Major General Alured Clarke, Lieut. Governor of Lower Canada.
Lt. Col. John Graves Simcoe, Lieutenant Governor of Upper Canada.
The Members of the Executive and Legislative Council of Lower Canada were:
Executive: William Smith Chief Justice; Paul Roch de St. Ours, Hugh Finlay,

Francois Baby, Thomas Dunn, Joseph L. De Longueill, Pierre Panet, Adam

Mabane.
Legislative Counsellors :—William Smith, C. J., J. C. Chaussegros De Lery,

Hugh Finlay, Thomas Dunn, Joseph L. De Longueill, Edward Harrison,
François Baby, John Collins, Charles De Lanaudiere, George Pownall, R.

A. De Boucherville, John Fraser, Sir John Johnson.
The Members of the Executive and Legislative Council for Upper Canada were :
Executive, Hon. Wm. Osgoode, Chief Justice; Wm. Robertson, Alexander,

Grant, Peter Russell, Jacques Baby.
Legislative :-Hon. Wm. Osgoode, Ch. J., Wm. Robertson, Alexander Grant,

Peter Russell, Jacques Baby, John Munro, Richard Cartwright, Jr., Robert
Hamilton, and Richard Duncan. (Mr. Robertson did not take up the
duties of his office and he was replaced on the 21st June, 1793, by General

Æneas Shaw).
The Secretary of the Executive Council was Wm. Jarvis; the Clerk, John Small ;

Clerk of the Crown, Edward Burns; Sheriffs, Richard Pollard and Alex.

ander McDonell. First Secretary of the Lieutenant Governor, E. B. Littlehales. The Speaker of the first House of Assembly for Upper Canada was Mr. John

McDonnell, of Glengarry, and the Clerk, Mr. Angus McDonell. Surveyor

General of Lands, David W. Smith, Attorney General, John White.
Mr. Osgoode was appointed Attorney General of Lower Canada and he was

succeeded in Upper Canada, as Chief Justice by the Hon. J. Elmsley, and
as President of the Council by Hon. Peter Russell.

EXTRACTS FROM INSTRUCTIONS TO THE GOVERNORS-GENERAL CONCERNING

LAND.

7th December, 1763. Instructions to James Murray, Esq., Captain General and Governor in

Chief, &c., &c. That no Law or Ordinance, respecting private Property, be passed without a Clause suspending it's Executiun, until Our Royal Will and Pleasure is known; nor without a Saving of the Right of Us, Our Heirs

11.

and Successors, and of all Bodies politic and corporate, and of all other Persons, except such as are mentioned in the said Law or Ordinance, and those claiming by, from and under them; and before such Law or Ordinance is passed, Proof must be made before You, in Council, and entered in the Council Books, that public Notification was made of the Party's Intention to apply for such Act in the several Parish Churches, where the Lands in Question lie, for three Sundays at least successively before any such Law or Ordinance shall be proposed.

33. And to the End that the Church of England may be established both in Principles and Practice, and that the said Inhabitants may by Degrees he induced to embrace the Protestant Religion, and their Children be brought up in the Principles of it; We do hereby declare it to be Our Intention, when the said Province shall have been accurately surveyed, and divided into Townships, Districts, Precincts or Parishes, in such manner as shall be herein after directed, all possible Encouragement shall be given to the erecting Protestant Schools in the said Districts, Townships and Precincts, by settling, appointing and allotting proper Quantities of Land for that Purpose, and also for a Glebe and Maintenance for a Protestant Minister and Protestant School-Masters; and you are to consider and report to Us, by Our Commissioners for Trade and Plantations, by what other means the Protestant Religion may be promoted, established and encouraged in Our Province under your Government.

42. And it is Our further Will and Pleasure, that all and every the French Inhabitants in Our said Province, who are now possessed of Lands within the said Province, in Virtue of Grants or Concessions made before the signing of the Preliminary Articles of Peace on the third Day of November 1762; do, within such limited Time as you in your Discretion shall think fit, register the several Grants, or other Deeds or Titles, by which they hold or claim such Lands, in the Secretary's Office; which said Grants, Deeds or other Titles, shall be entered at large in the said Office, so that the particular Quantity of Land, its Site and Extent, the Conditions upon which it is granted, either as to Rents, Services, or Cultivation, may appear fully and at length.

43. And in case it shall appear, upon a strict and accurate Examination of the said Grants and Title Deeds, to be taken in such manner as you shal think proper, that any of the Grantees, or Persons claiming Lands under such Grants and Title Deeds, are in Possession of more Land than is contained within such Grants or other Concessions; or that the Terms and Conditions, upon which the Lands were granted, have not been complied with, agreeable to what is stipulated in such Grants or Concessions; It is Our Will and Pleasure, that you forthwith represent the same to Us, by Our Commissioners for Trade and Plantations, to the end you may receive such Directions thereupon, as the Nature and Circumstances of the Case shall appear to require.

44. And whereas it is necessary, in order to the advantageous and effectual settlement of Our said Province, that the true State of it should be fully known; You are therefore, as soon as conveniently may be, to cause an accurate Survey to be made of the said Province by such able and skilful Person as is or shall be appointed for that Service, who is to report to you in writing, for your Judgment in the Measures which you may in general pursue for the making of Settlements, not only the Nature and Quality of the Soil and Climate, the Rivers, Bays and Harbours, and every other Circumstance attending the natural State of it; but also his opinion, in what manner it may be most conveniently laid out into Counties, and to annex to

his Report a Map of such Survey, with the several Divisions proposed marked upon it: But as the making such Survey will be a work of great Length, You are in the meantime to carry on Settlements upon that Plan, which shall appear to you to be most expedient from the best Information You can collect.

45. And whereas it has been found by Experience, that the settling Planters in Townships hath very much redounded to their Advantage, not only with respect to the Assistance they have been able to afford each other in their Civil Concerns, but likewise with regard to the Security they have thereby acquired against the Insults and Incursions of neighbouring Indians, or other Enemies; You are therefore to lay out Townships of a Convenient Size and Extent in such Places, as you, in your Discretion, shall judge most proper. And it is Our Will and Pleasure, that each Township do consist of about Twenty Thousand Acres, having, as far as may be, Natural Boundaries extending up into the Country, and comprehending a necessary Part of the River of St. Lawrence, where it can be conveniently had.

46. You are also to cause a proper Place in the most convenient Part of each Township, to be marked out for building a Town sufficient to contain such a Number of Families as you shall judge proper to settle there, with Town and pasture Lots convenient to each Tenement, taking Care, that the said Town be laid out upon, or, as near as conveniently may be, to some navigable River, or the Sea Coast; And you are also to reserve to Us proper Quantities of Land in each Township for the following Purposes, viz; For erecting Fortifications, and Barracks, where necessary, or for other Military or Naval Services and more particularly for the Growth and Production of Naval Timber, if there are any Wood-Lands fit for that Purpose.

47. And it is Our further Will and Pleasure, that a particular Spot, in or as near each Town as possible, be set apart for the building a Church, and four Hundred Acres adjacent thereto allotted for the Maintenance of a Minister, and two Hundred for a Schoolmaster.

48. And you are to give strict Orders to the Surveyors, whom you shall employ to mark out the said Townships and Towns, to make Returns to you of their Surveys as soon as possible, with a particular Description of each Township, and the Nature of the Soil within the same.

49. And you are to oblige all such Persons as shall be appointed to be Surveyors of the said Lands in each Township, to take an Oath for the due Performance of their Offices, and for obliging them to make exact Surveys of all Lands required to be set out.

50. And whereas nothing can more effectually tend to the speedy settling Our said Colony, the Security of the Property of our Subjects, and the Advancement of Our Revenue, than the disposing of such Lands as are Our Property upon reasonable Terms, and the establishing a regular and proper Method of proceeding with respect to the passing of Grants of such Land; It is therefore Our Will and Pleasure, that all and every Person and Persons, who shall apply to You for any Grant or Grants of Land, shall, previous to their obtaining the same, make it appear before you in Council, that they are in a Condition to cultivate and improve the same, by settling thereon, in Proportion to the Quantity of Acres desired, a sufficient Number of White Persons and Negroes; And in case you shall, upon a consideration of the Circumstances of the Person or Persons applying for such Grants, think it advisable to pass the same, in such case you are to cause a Warrant to be drawn up, directed to the Surveyor General, or other proper Officers, impowering him or them to make a faithful and exact Survey of the Lands

80 petitioned for, and to return the said Warrant within six months at furthest from the Date thereof, with a Plot or Description of the Lands so surveyed thereunto annexed; Provided that you do take Care, that before any such Warrant is issued, as aforesaid, a Docquet thereof be entered in the Auditor's and Register's Office: And when the Warrant shall be returned by the said Surveyor, or other proper Officer, the Grant shall be made out in due Form, and the Terms and Conditions required by these Our Instructions be particularly and expressly mentioned in the respective Grants. And it is Our Will and Pleasure, that the said Grants shall be registered within six months from the Date thereof in the Register's Office there, and a Docquet thereof be also entered in Our Auditor's Office there, in Case such Establishment shall take place in Our said Province, or that, in Default thereof, such Grant shall be void, Copies of all which Entries shall be returned regularly, by the proper Officer, to Our Commissioners of Our Treasury and to Our Commissioners for Trade and Plantations, within six months from the Date thereof.

51. And whereas great Inconveniences have arisen in many of Our Colonies in America from the granting excessive Quantities of Land to particular Persons, who have never cultivated or settled it, and have thereby prevented Others more industrious from improving the same; in order therefore to prevent the like Inconveniences for the future, You are to take especial Care, that in all Grants to be made by you, by and with the Advice and Consent of Our Council, to Persons applying for the same, the Quantity be in Proportion to their Ability to cultivate; And you are hereby directed to observe the following Directions and Regulations in all Grants to be made by you; viz:

That one hundred Acres of Land be granted to every Person being Magter or Mistress of a Family, for himself or herself, and fifty Acres for every white or black Man, Woman or Child, of which such Person's Family shall consist, at the actual Time of making the Grant; and in case any Person applying to you for Grants of Land shall be desirous of taking up a larger Quantity than the actual Number of Persons in his or her Family would intitle such Persons to take up; it is Our Will and Pleasure, and you are hereby allowed and permitted, to grant unto every such Person or Persons, such further Quantity of Land as they may desire, not exceeding one Thousand Acres over and above what they are intitled to by the Number of Persons in their respective Families; Provided it shall appear to you, that they are in a Condition and Intention to cultivate the same; and provided also, that they do pay to the Receiver of Our Quit Rents, or to such other Officer as shall be appointed to receive the same, the Sum of five Shillings only for every fifty Acres, '80 granted, on the Day of the Date of the Grant;

That all Grantees be subject to the payment of two Shillings Sterling for every Hundred Acres, to commence at the Expiration of two years from the Date of such Grant, and to be paid yearly and every Year, or in Default of such payment, the Grant is to be void ;

That every Grantee, upon giving Proof that he or she has fulfilled the Terms and Conditions of his or her Grant, shall be entitled to another Grant, in the Proportion and upon the conditions above mentioned ;

That for every Fifty Acres of Land accounted plantable, each Patentee shall be obliged, within three years after the Date of his Patent, to clear and work three Acres at the least, in that part of his Tract which he shall judge most convenient and advantageous; or else to clear and drain three Acres of swampy or sunken Grounds, or drain three Acres of Marsh, if any such be within the Bounds of his Grant;

That for every Fifty Acres of Land accounted barren, every Patentee shall be obliged to put and keep on his Land, within three years after the Date of his Grant, three neat Cattle; which Number he shall be obliged to continue on his Land, until three Acres for every Fifty be fully cleared and improved;

That if any Person shall take up a Tract of Land, wherein there shall be no Part fit for present Cultivation without manuring and improving the same, every such Grantee shall be obliged, within three years from the Date of his Grant, to erect on some part of his Land one good Dwelling-House, to contain at least twenty Feet in Length, and sixteen Feet in Breadth; and also to put on his Land the like Number of three neat Cattle for every fifty Acres

That if any Person, who shall take up any stony or rocky Grounds not fit for planting or pasture, shall, within three years after the passing of his Grant, begin to employ thereon, and so continue to work for three years then next ensuing, in digging any Stone Quarry or other Mine, one good and able Hand for every hundred Acres of such Tract, it shall be accounted a sufficient Cultivation and Improvement;

That every three Acres, which shall be cleared and worked, as aforesaid, and every three Acres, which shall be cleared and drained, as aforesaid, shall be accounted a sufficient Seating, Planting, Cultivation and Improvement, to save for ever from Forfeiture Fifty Acres of Land in any part of the Tract contained within the same Patent; and the Patentee shall be at Liberty to withdraw his Stock, or to forbear working in any Quarry or Mine, in Proportion to such Cultivation and Improvement, as shall be made upon the plantable Lands, or upon the Swamps, sunken Grounds and Marshes, which shall be included in the same Patent;

That when any Person, who shall hereafter take up and patent any Lands, shall have seated, planted and cultivated, or improved the said Land, or any part of it, according to the Directions and Conditions abovementioned, such Patentee may make Proof of such Seating, Planting, Cultivation and Improvement in the general Court, or in the Court of the County, District or Precinct, where such Lands shall lie, and have such Proof certified to the Register's Office, and there entered with the Record of the said Patent, a Copy of which shall be admitted, on any Trial, to prove the seating and planting of such Land;

And lastly, in order to ascertain the true Quantity of plantable and barren Land contained in each Grant hereafter to be made within Our said Province, you are to take especial Care, that, in all Surveys hereafter to be made, every Surveyor be required and enjoyned to take particular Notice according to the best of his Judgment and Understanding, how much of the Land so surveyed is plantable, and how much of it is barren and unfit for Cultivation; and accordingly to insert in the Survey and Plott by him to be returned into the Register's Office, the true Quantity of each kind of Land.

52. And it is Our further Will and Pleasure, that in all Grants of Land to be made by You, as aforesaid, regard be had to the profitable and unprofitable Acres, so that each Grantee may have a proportionable Number of one Sort and the other; as likewise that the Breadth of each Tract of Land, to be hereafter granted, be one Third of the Length of such Tract; and that tne Length of each Tract do not extend along the Banks of any River, but into the Main Land, that thereby the said Grantees may have each a convenient Share of what Accommodation the said River may afford for Navigation or otherwise.

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