EXTRACT FROM THE MINUTES OF THE PRIVY COUNCIL.
WEDNESDAY, 8 JULY, 1767.
P.C. 2, VOL. 112, pp. 435-8.
AT A MEETING OF HIS MAJESTY'S COMMISSIONERS FOR TRADE & PLANTATIONS.
Lord ClareMr. Robinson
The Board took into Consideration the Merits and pretensions of such of the proponents for Lands in the Island of St John as had either personally or by their Agents appeared before their Lordships to Support their Petitions, and agreed to recommend to the Lords of the Committee of Council, to advise his Majesty, to cause the several Lots or Townships into which the said Island is divided, to be granted under the Seal of the province of Nova Scotia to the said proponents, according to the following Distribution, that is to say,—
William Fitzherbert Esqr M.P., Robert Campbell Merchant
William Matthew Burt Esqr M.P., John Callander Esqr . .
Alexander Fordyce Esqr, Robert Gordon Esqr . . . .
Gordon Graham Lt. Col., Robert Porter Esqr . . . .
Resolved that it be Recommended that the several Townships be Granted on the following Conditions and Reservations, that is to say,
1st—That the Quit Rents to be reserved on the several Lots, be, as near as may be, proportioned to the Value of the Lands, all Circumstances of Convenience and Advantage considered.
2nd—That a Quit Rent of Six Shillings 100 Acres be reserved to His Majesty His Heirs and Successors on Lots 5, 13, 14, 15, 16, 17, 18, 19, 24, 25, 26, 32, 33, 34, 35, 37, 39, 40, 54, 55, 56, 57, 58, 59, 63, 64.
3rd—That a Quit Rent of four Shillings per 100 Acres be reserved on Lots 6, 8, 9, 10, 11, 12, 21, 22, 23, 27, 28, 29, 31, 36, 38, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 53, 61, 62, 65.
4th—That a Quit Rent of two Shillings per 100 Acres be reserved on Lots 1, 2, 3, 4, 7, 20, 30, 51, 60, 67.
5th—That the several foregoing Quit Rents be payable on the feast of St Michael, or within fourteen Days after, in every Year, to commence and become payable, upon one half of the Land, on the said Feast of St Michael which shall first happen after the expiration of five Years from the Date of the Grant, and to be payable on every ensuing Feast of St Michael, or within fourteen Days after and the whole Quantity to be Subject in like manner to the like Annual Quit Rent at the Expiration of ten Years.
6th—That there be a Reservation to His Majesty his Heirs and Successors of all such parts of each Township respectively as have already been set apart or shall hereafter be thought necessary to be set apart for erecting ffortifications [sic], building Wharfs, Inclosing Naval Yards or laying our Highways for the convenience of Communication between one part of the Island and another.
7th—That there be also a Reservation in a proper part of each Township of one hundred Acres of Land for the Scite of a Church and as a Glebe for a Minister of the Gospel, and thirty Acres for a Schoolmaster.
8th—That in order to promote and Encourage the Fishery for which many parts of this Island are conveniently Situated, there be a Clause in the Grant of each Township that abuts upon the Sea Shore, containing a reservation of Liberty to all His Majesty's Subjects in general of carrying on a free Fishery on the Coast of the said Township, and of erecting Stages and other necessary Building for the said Fishery within the Distance of five hundred Feet from high water mark.
9th—That there be a reservation to His Majesty his Heirs and Successors of all Mines of Gold, Silver and Coals.
10th—That the Grantee or Grantees of each Township do settle the same within ten years from the Date of the Grant in the proportion of one person for every two hundred Acres.
11th—That if one third of the Land is not settled in the above mentioned proportion within four years from the Date of the Grant, the whole be forfeited to His Majesty his Heirs and Successors.
12th—That the Settlers so to be Introduced be Protestants from such parts of Europe, as are not within His Majestys Dominions ; or such persons as have resided within His Majestys Dominions in America for two Years antecedent to the Date of the Grants.
Queen vs. Cox
(1850-74) 1 P. E. I. REP.
Vide Page 2095, infra.