Transcript of Treaty IT-282/IA-142, (1874)
Source of transcripts for the SchoolNet site:
Indian Treaties and Surrenders: From 1680 to 1890 Vol. I-II.
(Ottawa: Brown Chamberlin [Queen's Printer], 1891)
No. 142.
This INDENTURE made this seventh day of December, in the year of Our
Lord one thousand eight hundred and seventy-four, between William Ives,
of the town and County of Pictou, in the Province of Nova Scotia merchant,
and Christianna Ives, his wife, of the one part, and Her Majesty Queen
Victoria, represented herein by the Minister of the Interior of the
Dominion of Canada, of the other part.
WHEREAS, Her said majesty Queen Victoria, represented as aforesaid,
has agreed with the said William Ives to purchase the lot of land
hereinafter described for the use and benefit of the Micmac Indians in the
County of Pictou aforesaid, for the price or sum hereinafter mentioned.
NOW THEREFORE, this Indenture witnesseth that the said William Ives
and Christianna Ives his wife, in consideration of the sum of one thousand
one hundred and fifty-seven dollars of lawful money of Canada to the said
William Ives, in hand well and truly paid by Her said Majesty, represented
herein as aforesaid, at or before the ensealing and delivery of these
presents, the receipt whereof is hereby acknowledged, have and each of
them hath granted, bargained, sold, aliened, enfeoffed, released, remised,
conveyed and confirmed, and by these presents do and each of them doth
grant, biargain, sell, alien, enfeoff, release, remise, convey and confirm
unto Her Majesty Queen Victoria, represented as aforesaid, Her heirs and
successors.
All that certain lot and piece of land situate, lying and being at Fisher's
Grant, in the said County of Pictou, and described as follows, that is to
say :-
Beginning on the north shore of Boat Harbour, at the south-east corner
of lands owned by James G. Sproull, and running thence north thirty-seven
degrees forty-five minutes west by the magnet of June, 1873, along the
east line of said Sproull's land seventy-four chains, thence north fifty-
two degrees fifteen minutes east by the magnet aforesaid, along the south
line of lands owned by the said William Ives, eleven chains and thirty-five
links to the west line of Edwin Sproull's land, thence south thirty-
seven degrees and forty-five minutes east by the magnet aforesaid, along
the last mentioned line and west line of lands owned by James G. Sproull
aforesaid and William Powell the elder sixty-one chains and eighty-five
links to the waters of Boat Harbour aforesaid, thence south-
eastwardly,southwardly and westwardly, and by the various courses of
the shore of said Boat Harbour to the place of beginning, containing
eighty-nine acres, more or less.
Together with all and singular the houses, outhouses, barns, buildings,
ways, waters, watercourses, easements, privileges and appurtenances to
the same, belonging or in any wise appertaining, and the reversion and
reversions, remainder and remainders, rents, issues and profits thereof,
and also all the estate, right, title, interest, claim, property and demand,
both at law and in equity of them, the said William Ives and Christianna
Ives, his wife, of, in, to or out of the same or any part thereof to have and
to hold the said land and premises with the appurtenances and every part
thereof unto Her said Majesty Queen Victoria, represented as aforesaid,
Her heirs and successor, to Her and their sole use, benefit, and behoof
forever.
And the said William Ives doth hereby for himself, his heirs, executors
and administrators, grant, covenant, promise, and agree to and with Her
said Majesty Queen Victoria, represented as aforesaid, Her heirs and
successors, in manner following, that is to say :
That it shall and maybe lawful for Her said Majesty, represented as
aforesaid, Her heirs and successors, from time to time and at all times
hereafter, peaceably and quietly to enter into the said land and premises,
and to have, hold, occupy, posses and enjoy the same without the lawful
let; suit, hindrance, eviction, denial or disturbance of, from or by the said
William Ives or Christianiia Ives, his wife, or any person or persons
whomsoever lawfully claiming or to claim the same.
And also, that the said William Ives and Christianna Ives, his wife, or
one of them, have a good, sure, perfect and indefeasible estate of
inheritance in fee simple in the said land and premises, and have good
right, full power and lawful authority to sell and convey the same in
manner and form as they are hereby sold and conveyed or mentioned, or
intended so to be.
And lastly, that the said William Ives and his heirs, the said land and
premises, and every part thereof, unto Her said Majesty Queen Victoria,
represented as aforesaid, Her heirs and successors, against the lawful
claims of all persons whomsoever, shall and will by these presents
warrant and forever defend :
IN WITNESS WHEREOF, the parties to these presents have hereto their
hands and seals set and affixed on the day and year first above written.
Signed, sealed and delivered
in presence of WILLIAM IVES. [L.S.]
DANIEL F. IVES, CHRISTIANNA IVES [L.S.]
G.H. ELLIOT.
PROVINCE OF NOVA SCOTIA,
HALIFAX, S.S.
Be it remembered that on this seventh day of December, one thousand
eight hundred and seventy-four, before me the subscriber personally
came and appeared Christianna Ives, wife of William Ives, mentioned in
the foregoing Indenture, who having been by me examined separate and
apart from her said husband, did declare and acknowledge that she
executed the said Indenture as and for her act and deed without fear,
threat or compulsion, of, from or by her said husband, and for a full
release of all her claims to the land therein described.
G. H. ELLIOT,
Barrister and Notary Public.
Recorded 3rd March, l875.
Lib. S. Folio. 217.
R. W. SCOTT,
Secretary of State and Registrar General of Canada.