Head of the Lake Treaty No. 14
LIEUTENANT GOVERNOR'S OFFICE, YORK, 12th September, 1806
SIR — I am directed by His Excellency the Lieutenant Governor to transmit you herewith the deed of conveyance and release for the lands purchased from the Mississagua Indians for the use of His Majesty in the Home District, dated the 6th September, 1806, to which is annexed a plan of the same; also a lease of the above tract from the Indians for one year, dated the 5th September, 1806, the receipt of which will please to acknowledge.
I have the honor to be, Sir
Your most obedient servant,
WM. HATTON, Secretary.
JOHN SMALL, Esq., &c., &c., &c.
THIS INDENTURE, made the fifth day of September, in the Year of Our Lord one thousand eight hundred and six, between Chechalk, Quenepenon, Wabukanyne, Okemapenesse, Wabenose, Kenonecence, Osenego, Acheton, Patequan and Wabakagego, Principal Chiefs, Warriors and people of the Missisague Nation of Indians of the one part and His Majesty George the Third, by the Grace of God of the United Kingdom of Great Britain and Ireland King, Defender of the Faith, of the other part. Witnesseth: that the said Chechalk, Quenepenon, Wabukanyne, Okemapenesse, Wabenose, Kenonecence, Osenego, Acheton, Patequan and Wabakagego in consideration of five shillings apiece of lawful money of Great Britain to them in hand paid His said Majesty at or before the ensiling and delivery of those presents (the receipt whereof is hereby acknowledge) and for other good causes and considerations them the said Chechalk, Quenepenon, Wabukanyne, Okemapenesse, Wabenose, Kenonecence, Osenego, Acheton, Patequan and Wabakagego, hereunto specially moving, have bargained, and sold, and by these presents do, and each of them doth bargain and sell unto His said Majesty, His heirs and successors, all that parcel or tract of land situate in the Home District of the Province of Upper Canada, containing by admeasurement eighty-five thousand acres, be the same more or less, together with all the woods and waters thereon lying and being, which said eighty-five thousand acres of land are butted and bounded or may be otherwise known as follows, that is to say:
Commencing at the eastern bank of the mouth of the River Etobicoke, being on the limit of the western boundary line of the Toronto purchase in the year of Our Lord, one thousand seven hundred and eighty-seven; then north twenty-two degrees west six miles; then south thirty-eight degrees west twenty-six miles, more or less, until it intersects a line on a course north forty-five degrees west produced from the outlet at Burlington Bay being the north-eastern boundary line of the Township of Flamborough East, and of the purchase in the year of Our Lord one thousand seven hundred and ninety two; then along the said line south forty-five degrees east two hundred and thirty-three chains and fifty-eight links, more or less, to the lands granted to Captain Joseph Brant; then north forty-five degrees east one hundred and twenty-seven chains, to the northerly angle of said lands; then south-forty five degrees east two hundred and ninety-three chains, more or less, to Lake Ontario; then north-easterly along the water's edge of said lake to the eastern bank of the River Etobicoke, the place of beginning; and the reversion and reversions, remainder and remainders, yearly and other rents, issues and profits thereof and of every part and parcel thereof, to have and to hold the said parcel or tract of land and all and singular other the premises hereinbefore mentioned, or intended to be bargained and sold, and every part and parcel thereof, with their and every of their rights, members and appurtenances, unto His said Majesty, His heirs and successors, from the day next before the day of the date of these presents for and during and unto the full end and term of one whole year from thence next ensuing and fully to be completed and ended. Yielding and paying therefore unto the said Chechalk, Quenepenon, Wabukanyne, Okemapenesse, Wabenose, Kenonecence, Osenego, Acheton, Patequan and Wabakagego the yearly rent of one peppercorn at the expiration of the said term if the same shall be lawfully demanded.
To the intent and purpose that by virtue of these presents and of the statute made for transferring uses into possession His said Majesty may be in the actual possession of the premises, and be thereby enabled to take and accept a grant and release of the freehold reversion and inheritance of the same premises and every part and parcel thereof to him His said Majesty, His heirs and successors, to the uses into possession His said Majesty may be in the actual possession of the premises, and be thereby enabled to take and accept a grant and release of the freehold reversion and inheritance of the same premises and every part and parcel thereof to him His said Majesty, His heirs and successors, to the uses to be declared by another Indenture, intended to bear date the next day after the day of the date hereof.
IN WITNESS WHEROF, the parties first above named have to these presents set and put their hands and seals the day and year first above written.
Signed, sealed and delivered in the presence of us:
D. CAMERON,}
DONALD MACLEAN,} Com's. on behalf of the Prov.
GEO. R. FERGUSON,} Capt. Canadian Regt.,
WM. L. CROWTHER, Lieut. 41st Regt.,
JAMES DAVIDSON, Hospital Staff,
H.M. SMITH.
P. SELBY, Asst. Secy. I.A.,
J. B. ROUSSEAU,
DAVID PRICE, Interpreter.
WM. CLAUS, D.S.G., on behalf of the Crown. [L.S.]
CHECHALK, (totem) [L.S.]
QUENEPENON, (totem) [L.S.]
WABUKANYNE, (totem) [L.S.]
OKEMAPENESSE, (totem) [L.S.]
WABENOSE, (totem) [L.S.]
KEBONECENCE, (totem) [L.S.]
OSENEGO, (totem) [L.S.]
ACHETON, (totem) [L.S.]
PATAQUAN, (totem) [L.S.]
WABAKAGEGO, (totem) [L.S.]
THIS INDENTURE, made the sixth day of September, in the year of Our Lord one thousand eight hundred ad six, between Chechalk, Quenepenon, Wabukanyne, Okemapenesse, Wabenose, Kenonecence, Osenego, Acheton, Patequan and Wabakagego, the Principal Chiefs, Warriors and people of the Mississague Nation of Indians of the one part, and His Majesty George the Third, by the Grace of God of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, of the other part, witnesseth: that for and in consideration of the sum of one thousand pounds of lawful money of Upper Canada to the said Chechalk, Quenepenon, Wabukanyne, Okemapenesse, Wabenose, Kenonecence, Osenego, Acheton, Patequan and Wabakagego, in hand well and truly paid by His said Majesty at or before the ensealing and delivery of these presents, the receipt whereof they the said Chechalk, Quenepenon, Wabukanyne, Okemapenesse, Wabenose, Kenonecence, Osenego, Acheton, Patequan and Wabakagego do hereby acknowledge, and from the same and every part thereof do severally and respectively acquit, release and discharge His said Majesty, His heirs and successors forever by these presents.
They the said Chechalk, Quenepenon, Wabukanyne, Okemapenesse, Wabenose, Kenonecence, Osenego, Acheton, Patequan and Wabakagego, have and every of them hath granted, bargained, sold, aliened, released and confirmed, and by these presents do and every of them doth grant, bargain, sell, alien, release and confirm unto His said Majesty (in his actual possession now being by virtue of a bargain and sale to him thereof made by the said Chechalk, Quenepenon, Wabukanyne, Okemapenesse, Wabenose, Kenonecence, Osenego, Acheton, Patequan and Wabakagego, in consideration of five shillings apiece, by Indenture bearing date the day next before the day of the date of these presents for the term of one whole year, commencing from the day next before the day of the date of then same Indenture of bargain and sale an by force of the statue made for transferring uses into possession) and to his Heirs and successors – all that parcel or tract of land situate in the Home District of the Province of Upper Canada, containing by admeasurement eighty-five thousand acres, be the sae more or less, together withal the woods and waters, thereon lying and being under the reservation hereinafter expressed; which said eighty-five thousand acres of land are butted and bounded or may be otherwise known as follows, that is to say: Commencing at the eastern bank of the mouth of the River Etobicoke, being on the limit of the western boundary line of the Toronto purchease in the year of Our Lord one thousand seven hundred and eighty-seven; then north twenty-two degrees west six miles; then south thirty-eight degrees west twenty-six miles, more or less, until it intersects a line on a course north forty-five degrees west produced from the outlet at Burlington Bay, being the north-eastern boundary line of the Township of Flamborough East, and o the purchase in the year of Our Lord one thousand seven hundred and ninety-two; then along the said line south forty-five degrees east two hundred and twenty-seven chains to the northerly angle of said lands; then south forty-five degrees east two hundred and ninety-three chains more, or less, to the lands granted to Captain Joseph Brant; then north forty-five degrees east one hundred and twenty-seven chains to the northerly angle of said lands; then south forty-five degrees east two hundred and ninety-three chains more or less to Lake Ontario; then north-easterly along the water's edge of said lake to the eastern bank of the River Etobicoke, the place of beginning. And the reversion and reversions, remainder and remainders, yearly and other rents, issues and profits thereof; and also all the estate, right, title inheritance, use, trust, possession, property, claim and demand whatsoever of them the said Chechalk, Quenepenon, Wabukanyne, Okemapenesse, Wabenose, Kenonecence, Osenego, Acheton, Patequan and Wabakagego, and every of them in, to, or out of the same premises and every or any part thereof – except and always reserved out of this presents grant unto the said Chechalk, Quenepenon, Wabukanyne, Okemapenesse, Wabenose, Kenonecence, Osenego, Acheton, Patequan and Wabakagego and the people of the Missisagua Nation of Indians, and their posterity for ever – the sole right of the fisheries in the Twelve Mile Creek, the Sixteen Mile Creek, the River Credit and the River Etobicoke, together with the lands on each side of the said creeks and the River Credit as delineated and laid down on the annexed plan, the said right of fishery and reserves extending from the Lake Ontario up the said creeks and River Credit the distance hereinafter mentioned and described and no further.
And the right of fishery in the River Etobicoke from the mouth of the said river to the allowance for road between the first and second concessions south side of Dundas street, and no further.
The reserve on the River Credit commencing on Lake Ontario at a white oak squared post, piled with stones, and standing at the distance of one mile north-easterly from the centre of the said river at the first bend thereof; then north sixty-nine degrees west one hundred and ninety-six chains; then south sixty-four degrees west one hundred and fifty-five chains; then north forty-five degrees west one hundred and seventy-seven chains, more or less, to the rear boundary of the purchase line; then along said purchase line, and crossing the said river south thirty-eight degrees west two miles, or one hundred and sixty-chains, to the western boundary line of said Reserve; then south forty-five degrees east two hundred and seventy chains; then north sixty-four degrees east one hundred and ninety-one chains; then south sixty-nine degrees east sixty-three chains, more or les, to Lake Ontario at another white oak squared post standing on the bank of said lake at the distance of two miles south-westerly from the place of beginning; then along the water's edge of Lake Ontario north easterly to the place of beginning. The reservation on the Sixteen Mile Creek, commencing on the shore or Lake Ontario at an oak post squared and marked "M.I.R. N. 45° W." – at the distance of forty chains north easterly from the centre of said creek; then north forty-five degrees east one hundred and eighteen chains, more or less, to the allowance for road between the second and third concession south of Dundas street; then south thirty-eight degrees west and crossing the said creek one mile to the western boundary line of said reservation: then south forty-five degrees east one hundred and twenty-four chains more or less to Lake Ontario, at a large black ash tree (two trunks issuing from one root) marked "M.I.R., N. 45° W.;" then north-easterly along the water's edge to the place of beginning. And also all the waters and low grounds lying between the high banks on both sides of said creek extending from the southern boundary of the allowance for road between the aforesaid second and third concessions to the southern boundary of the allowance for road between the first and second concessions south of Dundas street – and no further. And the reservation on the Twelve Mile Creek – commencing on the shore of the Lake Ontario at a post squared and marked "M.I.R., N. 45° W.;" at the distance of forty chains north-easterly from the centre of said creek; then north sixty-six degrees west one hundred and seven chains' then north thirty-six degrees west fifty-seven chains more or less to the southern boundary of the allowance for road between the second and third concessions south of Dundas street; then south thirty-eight degrees west one mile, crossing said creek to the western boundary line of said reservation; then south thirty-six degrees east fifty-seven chain then south sixty-six degrees east one hundred and seventeen chains, more or less to Lake Ontario; then north-easterly along the water's edge tot eh place of beginning. And also the waters and low grounds lying between the high banks on each side of the said creek, extending from the southern boundary of the allowance for road between the second and third concessions before mentioned to the southern boundary of the allowance for road between the first and second concessions south of Dundas street, and no further: To have and to hold the said parcel or tract of land and all and singular other the premises mentioned to be hereby granted and released as aforesaid with their and every of their appurtenances unto His said Majesty, His heirs and successors, to the use of His sais Majesty, His heirs and successors for ever.
In witness whereof, the said parties first above named have to these presents set and put their hands and seals the day and year first above written.
Signed, sealed and delivered in the presence of us:
D. CAMERON,}
DONALD MACLEAN,} Commissioners on behalf of the Province
H.M. SMITH.
GEO. R. FERGUSON,} Capt. Canadian Regiment,
P. SELBY, Asst. Secy. I.A.,
J. B. ROUSSEAU,
WM. L. CROWTHER, Lieut. 41st Regt., JAMES DAVIDSON, Hospital Staff,
DAVID PRICE, Interpreter.
WM. CLAUS, D.S.G., on behalf of the Crown. [L.S.]
CHECHALK, (totem) [L.S.]
QUENEPENON, (totem) [L.S.]
WABUKANYNE, (totem) [L.S.]
OKEMAPENESSE, (totem) [L.S.]
WABENOSE, (totem) [L.S.]
KEBONECENCE, (totem) [L.S.]
OSENEGO, (totem) [L.S.]
ACHETON, (totem) [L.S.]
PATAQUAN, (totem) [L.S.]
WABAKAGEGO, (totem) [L.S.]
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