V uid Wiliam Swabey, the Commissioner

. case be optional with the said the Commissioner‘

(600 acres, and are not to be estimated at more or less than that area.

And further, if any tenants or occupiers of any of the Lands, conveyed by the said William 1-[gm-y Po e and George Elkana Morton, to the of Public Lands, and his successors in oflice, by Dead of even date herewith, shall, within the said period of two years, refuse to attorn to or recognize the title of the Commissioner of Public Lands, under such Deed, it shall in such

' of Public Lands, under the directions of the

Lieutenant Governor in Council, at or before the expiration of the said erlod, to reconvey all, or any of the land or ends, held by any such refractory tenant or occu ier, or more of them, to the said Willliatu Icrtry Pope, Pheophilus Desbrisay, Joseph Pope and George Elkana Morton, their and each and every of their heirs and assigns, as tenants in common, and not as joint tenants, or to retain the same, and to proceed against the refractory tenant or occupier, tenants or occupiers, or otherwise deal with liim or them, as shall seem best. And for each and every acre reconveycd utider the last preceding clause of this agreement, the sum of six shillings shall be deducted frotn the said balance of six thousand one hundred pounds, and the residue only of the said balance, after making such deductions, with interest thereon, at five er cent. per nnnuin. from this date, shall be paid to the said \Vil|i:tin Henry Pope. Theophilus Desbrisay, Joseph Pope, Samuel P. Fairbanks, attorney of George Elksna Morton, as aforesaid.

In witness whereof the said parties to these presents have hereunto their hands and seals subscribed and set, the said George ltilliana Morton, by Samuel P. Fairbatilrs, of Halifax, in the Province of Nova Scotia, Esquire, his Attorney for that purpose, duly authorized by Letter of Attorney duly registered, and dated the

' twenty-eighth day of November last, the day and

year first above written. WM. II. Porn, (L. S.) Gsoiiot: Eniuinit Mourns, (L. S.), By is Attorney, S. P. Faiituarurs. Wiuuiai SWABEY, (L. S.), Commissioner of Public Lands. Signed, sealed and delivered in the presence of Jossrn Hnnssrv, Attorney General. Certified Copy, WM. Swaiitzv, Comr.

Conveyance of J ndgmsnts, Debts, &c., in trust for certain purposes declared in Act 16th Vic. chapter 8.

Unro ALI’. 10 wool rnirsir rnrsirzvrs sn.ii.i. coiis, We, William Henry Pope. of Charlotte- town, in ’rincc E wnrd Island, Esquire, and George Elkaun Morton, of Halifax, in the Pro- vince of Nova Scotia, Druggist, solid greeting: Whereas by it certain indenture of assignment, bearing date the seventeenth da of June. in the year of our Lord one thousan eight hundred and fifty, and made, or expressed to be made be- tween Clittrles Worrel, therein described, as of Morell House, in King's County, in Prince Ed- ward Island, of the one art, and James Peake, the Ilonourublo Charles Iensley, the Honourable John Myrie Hull, and Tlicopliilus Desbrisny, all of the said Island, Esquires, of the other part, divers debts or sums of money due on, or secured by certain Judgments, at the suit of the said Charles Worrcl, recovered agiiinst various p:tr- ties, and which are and then were entered of re- cord in llcr .\I:tjesty's Supreme Court of Judica- ture of the said Island, and morc p:tl‘l.lclll:ll‘ly cnumcrutcd and specilicd in the Schedule murk- cd (.\) to the liidcnture now in !‘t‘L’lI:|.l :tllllL‘X(‘.I.I, and ailso ull debts or some of inoiicy tlicu dtic and owing to him, the arid Cliiirles Worrel, in Prince l‘i‘l\\'all'(l Island, wlietlicr upon iuortgzigc, bond,lciisc,tlccd,spccinlity or other security whitt- soever, or by simple contract. were assigned itnd transferred to the said James Pcukc.Cliurles Ilen- sley,Jolin Myrie lloll, and ’l‘hcphilus Desbrisny, their nvnmshii-is ‘ ' ' ‘ ‘ _nniInmaignis' upon andfor certain trusts,intcrests and purposes,there- in ex rcssod, declared and contained, and by the said ndenturc now in rocitttl the said Charles Worrel did constitute the said Jumcs Pettke, Charles llcnslcy, John Myrio Hull, and 'l‘lieophi- lus Desbrisay, and the survivor, his executors and udtninstrtttors, to be his Attorneys, irrevo- cable to receive and recover amounts due or to become due on the said Judgments, or other debts or sums of money so b him assigned as aforesaid; and did also thercdy for that purpose authorize them to nominate and appoint one or more Attorney or Attorneys under them, and did covenint with tlietn, their executors. administra- tors and assigns, not at any time to revoke or m:|l{I' void such authority and power so by him given. .\iid whcrcus by a certain other Inden- ture of .-\ssignment,dated the first day of Febru- ary, one thousand eight hundred and fifty-three, and lllilllll between the said James Peaks, Chur- lcs llunslcy, John Myrie IIoll, and Theophilus IIcil)l'l.\‘.|_V. of the one part, und John Iltttiiilton Gl'ity,ttI Sr-ring Park, in the said Island. Esquire, lat: C.tpt:iiii in Ilor Majesty's seventh Regiment ol' llrttgoon Guards, of the other part, the said James l’e:iko,Clittrlos Ilonsley, John Myrie Hull, and Tlieopliilus Desbrisny, for the considerations therein ln')lll.l0lled, did assign and transfer unto the said J ilin lI.iinilioti Gray. his oxtacutors, ltd- ministruturs, and assigns—.tll and singular the

HASZAR.D’S GAZETTE, FEBRUARY 28.

‘Judgments entered up of record in Her Majes- ty's Sn remo Court of Judicature of Prince Ed- ward Is and, at the suit of the said Charles Worrel, or of them, the said James Peaks, Charles Hensley, John Myrie lloll, Theophilus Desbrisay, as such Trustees as aforesaid, against various persons, as specified in the Schedule thsreunto annexed, with all sums of mono due or to become due thereon, with a proviso or re demption and raconveyunce of the said Judg nients thereby assigned, and of the auins of mo ney thereby secured on the payment to the said John Ilami ton Gray, his executors, administrn tors and assigns,the sum of nine thousand pounds- and interest, in manner as therein mentioned, as. will more fully appear on roforence thereto. And whereas on the 21st do of February last the said Clinrles Worrel di enter into an agreement in \Vriting with William Henry Pope for the sale to him of all his Real and Personal Estates in Prince Edward Island, part of which were the Judgment and other Debts and sums ofmo- ney formerly owing to him as aforesaid, and so by him assigned and conve ed to the said James Pealre, Charles Hensley, ohn i\Iyrie lIoll and Theophilus Desbrisay ; and t ie said James Peake, Charles Ilonslcy. John .\Iyrie Hell and Theophilus Desbrisay, in pursuance of the said Agreement, so made by the said Clinrler Worrcl with the said Willittm llenry Pope, and in order so for nsin tlicm lay to give elfect to the some, did, by Indenture of Assignment, dated the six- teenth day of August last. and made between them, the said James Peake, Charles Hensley, John Myrie Holt, and Theo hilus Desbrisny, of the first part, the said William Henry Pope, of the second part, and the said John Hamilton Gray, of the third port, in exercise of the trusts reposed in them, in, or, and by the said herein- before recited Indenture or Asssignrnent, of the seventeenth day of June, one thousand eight hundred and fifty, and of a certain Indenture of Release of Lands and Real Estate made to them by the said Charles Worrel, of even date with the lust mentioned Indenture of Assignment, respectively, and of every or any other trust or authority, enabling them in that behalf with the license and consent of the said John llamil- ton Gray, as testified b his execution of the In- enture now in recita , bargain, sell. assign, transfer and set over unto the said William Ilen- r Pope, his executors, administrators and as- signs. all and sin ular the Interest, Estnto, Ri ht or Title, wbic they or either of them his , as Trustees, as aforesaid, in and to all the said Judgments entered up of Majesty's Supreme Court ofJudicitture of Prince Edward Island, at the suit of the said Charles \Vorrel, or of them the said James Peuke, Char- les Hensley, John Myrie Hall, and Theophilus Desbrisay, jointly as such Trustees as aforesaid, against various parties, as specified and enume- rated in the Schedule to the Indenture now in recital annexed. And also their right to, or in- terest in all sum or sums of money thereby secur- ed and due,or to become due and unpaid,and all benefit and advantage to be had and gotten,made and obtained upon or by virtue thereof. And also all their right. estate, title, and interest on all and singular the balancesremaining due and un- paid of all such sums of money as were due and owing to the said Charles Worrel, in Prince Ed- ward Ietland, on the seventeenth day of June, one thousand eight hundred and fifty,und assign cd by the said Indenture of that date, and secur- ed by bond, mortgage, lonsc, deed, speciality, or liy siniplo contract, and which |l'I.tl not since been tliscliargetl or received by them, the said 'l‘rustcca, or the said (‘linrles \\'orrcl. to hold the sonic to the s:iid \\'illiuni llcnry Pope, his executors. tidininistrutors nnd assigns, his on their own pro erty for cvcr,subjcct,nevcrtlicless, to the said In enturoof.-\ssig,:nnicnt, by way of mortgage, of the first day of Fcbriiary one thou- sand eight hundred and lifty-three. of the said Judgment, securities and other premises to the said John Hamilton Gray, and the said James Peake, Charles llcnsley. John Myrie Hull, and Theopliiltis ltcsbrisay, did, by the Indenture of Assignment now in rccitnl give and grant unto the said William Henry Pope, his executors, ad- ministrators and tissigns,ttll such powers as they had, or might, or could have under the assign- ment to them, from the said Charles Worrel, as subjected to and controlled by the said mortgage to the said John Hamilton Gray, and which they could bestow for receivin all and every the sum and sums of money there y secured. or b the Indenture now in recital assigned or inten - ed so to be, after payment to the said John lla- milton Gray of the amount of principal and in- terest, secured by his aitid mortgage, and to re- lease and discharge the same, or either of them, and either in the name of them the said James Peaks, Charles llcnsley, John Myrie Iloll, and Theophilus I)esbrisuy, or of the survivor of them or of the said Charles Worrel, or otlierwiae as need be. in as full, large and beneficial it manner to all intonts and purposes whatsoever, as they, the said Jnincs Peake. Charles Hensley, John Myrio Hull, and Theophilus Desbrisny might have bad if the said Indenture of Assign- ment, now in recital. had not been made. And whoreits the said William Ilcnry Pope, a certain Deed of Assi nmont, dated the sixteenth day of August ast, did, for

O‘ ‘<

sell, its-tigii, tr.insl'or. and set. over to Gctii‘,_1c ICI- lt-tnat Morton, of llnlilitx, in the Province ofNo-

:charge the same, on payment as by the said several ecord in Iler 5 '

va Scotis, Druggist,his executors.administrators and assi us. one fourth art of all the Personal Estate 0 the said Char es Worrel, of whatever nature or kind in the said Island, whether of rent or of arrears of rent, or of money received or to be received, under and by virtue of judgments, mortgages, securities, agreement<. lenses with power to purchase, bonds, warrants of attorney, or of promisury notes, or of simple contracts, deeds, or how otherwise, that had come into his hands or possession since the twenty-first day of February last up to that time, or that should thereafter come into his hands or into the hands of an person or persons whomaoever, on his be- half uring the continuance.

iid whereas by deed poll of assignment, dated the twenty-eighth day of December, in the year of our Lord one thousand eight hundred and fifty-four, and made fronithe said John Hamilton Gray to the said William Henry Pope and George Elliana Morton, the said John Hamilton Gray, in consider. ation ofthe payment to him, as therein mentioned, of the full amount of principal money and interest due on or secured by the said lndentures of Release and Assignment, by way of mortgage, of the first day of February, one tliuusaiid eight hundred and tifty-three, did grant, bargain, sell, assign, recon- vey, and reassure and set over unto the said Wil- liam Henry Pope and George Elkuna Morton,their executors, administrators and assigns, all the said several Judgments so assigned to liitii in and by the last hereinbefore mentioned Assignment, by way of mortgage, and specified in the Schedule thsreunto annexed, marked (A.), and also all sum or sutns of money due and to become due thereon, or ssctired thereby, and all benefit thereof to be gotten or obtained as therein mentioned, to hold to them the said William Henry Pope and George Elkana Morton, their executors, administrators and assigns, as his atid their own propertyfor ever, as fully, freely, and absolutely as he, the said John Hamilton Gray, mightor could have held or enjoy- ed the same under the said Assignment so to him thereof made by way of mortgage as aforesaid, to- gether with all the powers and authorities which lie, the said John Hamilton Gray, his executors, administrators and assigns, had or might, or could have had, possessed, or enjoyed by virtue of such Assignment to him, for the purpose of suing otit and prosecuting or causing to be sued out or proso- cuted any writ or writs of execution upon the said Judgments, or to do any other act for putting them in force, for recovering and receiving all sums 0 money secured thereby, and to release and dis-

lndentures of Assignment and Release, licreinbe- fore recited or mentioned, will more fully appear on reference thereto.

And whereas, by virtue of the said several in- dentures ofassignmeni hereinbefore referred to and recited, all the said judgments entered up of record in Her Majesty’s Supreme Court of.Iudicature of Prince Edward Island, at the stiit of the said Charles Worrel, or ofthem the said James Pealie. Charles Hensley, John Myrie Hull and Theophilus Desbrisay, as suc trustees aforesaid, against various parties. as also all sums of money secured thereby, and also all and singular the balances rc- maining dtie and unpaid of all sticli sums of money as were due and owing to the said Charles Worrel, in Prince Edward Island, on the seventeenth day ofJune, one thousand eight hundred and fifty, and assigned by the said indenture of assi_vnment. of that date, and secured by inorlgage, bond, specia- lity. or by simple contract, and which had not pre- vious to the said assignment to the said \Vi|liani Henry Pope, been received by the said Charles llensley, James Pcake, John l\lyrie Iloll and 'l'heopliilus Desbrisny, as such ll'tL~lt'(‘S as ziforcsnitl. or either oftlieiii, or by the said tlluirlcs Worn-I. have hcconie vested in, trzin.-ft-rrctl and 7lSSl1_'llt'll to the said \\'illi:iin Ileiiry Pope nnil (ls-oi'i_vc l‘llli.'lll:I Morton, who have contracted and agieeil to asst,-_:ii, and convey the sonic to the llonoortible Willizim Swabey, ‘ the Commissioner oi Public l.:intls,‘ for the said Island, and his successors in ollicc. as atti- ply and ftilly as the said William Henry Pope re- ceived the same from the said trustees and as they now hold and possess the same. by virtue of llo- several assignments aforesaid. 'l'lierel'ore know all men by these presents, that we, the said Williztni Henry Pope and George Elkana l\lortoti, in pur- suance of the said contract and agreement so made by us with the Honourable William Swabev, ‘ the Commissioner of Public Lands,‘ in Prince ltldward Island, acting under the atitliority of an Act passed iii the sixteenth year of the reigti of Her present Majesty, intituled “ An Act for the purchase of Lands on behalf of tits Governinent of Prince Etiwartl Island, and to regulate the sale and maria- gement thereof, ‘ind for other purposes therein mentioned,‘ and in consideration of thc stun of Eighteen Iliousnnd pounds, ofthe lawful monev of tits said Island, paid to us by the llonorablc .lamt-s Warburton, Treasurer ofthe said Island, on lichnlf of the Government thereof, the receipt whereof we do hereby acknowledge, and ofthe execution ol':i certain agreement respecting the payment ofa fur- ther sum of six thousand and one liundred pounds, mad‘! and entered into between its and the said Wil- liam Swiibcy as such ‘the Coiiitiiissioner of Public Ltinds,’ bearing ovcn date herewith, do and each of us tlfllll, by those presciits, grant, bargain, sell. as- sign, transfer, and set over unto the said William Sivnbey, ‘ the Commissioner of Public Lands.’ and

of thpm the said Charles Hensle , James Peaks, John Myrie Hull and Theo_philus esbiisa_v,assucls Trustees as aforesaid, against various parties which arehpecitied, set forth, and enumerated in the sche- dule marked (A.), hereunto annexed, the same in most instances having been entered to secure the purchase money of Lands heretofore sold by the said Charles Worrel, or his said trustees, and ar- rears ofreot iluc thereon and other debts arising in respect thereof, together with interest thereon, and also all sum or stuns of rnaney thereby secured and due and to become due thereon, and unpaid, or vvliich were unpaid thereon at the date of the as- signmcnt iliereofto the said William Henry Pope, of the sixteenth day of August last, and all benefit and advantage to be had, made, gotten, and obtain- etl upon or by virtue thereof, and also all such sum or sums of money which, as aforesaid, were due and owing to the said Charles Worrel in PrinceE1ward Island. on the seventeenth day ofJune, one tliou- sand eight hundred and fifty, and were assigned by the said indenturc of assignmentof that date, to the said Charles llensley, James Pealre, John Myrie Holt and 'l'heophilns Desbrisay, trustees as afore- said, and secured by mortgage, bond lease, deed, speciality or by simple contract, and which had not been received 01‘ discharged by them the said trustees, or either ot'tliem, or by ilic said Charles Worrel, on the sixteenth day of August last; and also all such sum or sums of muiicy as were due and otvingto the said James Pealte, Charles Hen- sley, John Myrie Hull and 'l‘heopliilus Desbrisay, as such trustees as aforesaid, in Prince Edward Island, on account ofthe real and personal estates so conveyed to them by the said Charles Worrel, on the said sixieeiith day ofAogust last,and which were by the said indetiture of assignment of that date assigned by them to the said William Henry Pope, and whether duo on or secured by speciality, bond, warrant of attorney, or simple contract, to- gether with all bonds, wa rants of attorney, books, leases, notes, deeds, sp cialities, and writings, evidencing the same, or securing or relating to the payment thereof. or ofany them, and all benefit and udvants e to be had, made, gotten, and obtain- ed upon or by virtue thereof, or ofsny process, execu- tion, or executions to be thereupon taken, had, sued out, or prosecuted ,io have, held, receive, take and en- joy the said hereby assigned judgments. and all and singular other the premises hereinbefore mentioned, and hereby assigned or mentioned and intended so to be, unto the said William Swabey,as such “the Com- missioner of Public iands," and his successors its tillice, in trust for such purposes, and subject to such owcrs, provisions, regulations, and authorities in every respect, and to be managed and disposed of in such modes as are set forth, declared and contained in the said recited Act, tntituled ‘An Act for the pur- chase of Lands on behalf of the Government of Prince Edward Island, and to regulate the sale and manage- ment thereof, and for other purposes ilterein niention- . , of and concerningjudgments, debts and securi- ties for debt puiclitised thereunder. by and conveyed to "the Commissioners of Public Lands” therein mention- ed, together with full and absolute power for him the said William Swabey, "the Commissioner cfPublic I.:inds," and his successors in ofiice, in the name or names, and as the attorney or attorneys of the said Charles Worrel, or ofilie said Jatnes Peake, Charles llcnsly, John Myrie Hell and 'l‘lieopliilus Desbrisay, or of the said William Henry Pope, George Elkana .\lortou, or otherwise as need be,to aue out and prose- cuto,or cause to be sued out and prosecutcd,any writ or write ofevecution upon the said judginents,or either of them, or to sue for. usk, deiiinnd,rccover,aiid receive or enter judgment for any ofthe other sums, debts, or securities therefor. hereby assigned, or to do or carry on niiy Act for putting them in force, and also to dis- cliurge and release t ie sniiie, on payment, in as full, large nnd lietiuficiril a iiianncr to all in tents nntl pur- jIttit‘§, as the said \\'illintii llenry Pope and George l“.lk:in:i .\loiton lI=l,'1lll liuve lnid if these presents had not lit’t‘ll nindc, or can l)t's’l0W under and by virtue. of the sold §t'\'t‘I‘:ll iissigiiiriteiils tliervof nu tiforestiid. :\lIll the said \Villi;ini llenry Pope ninl George lilliniiri \lorton do hereby jointly for IIN'lllS0lV(‘§, nnd their ho-irs, executors and ndininistriitors. inil each of them ilotli liercby severally, for liiuisclf, his lit.-irs, executors nntl ndiiiiiiistrntors. covcnnnl, [iI’0IlIl‘lt! and agree with uiitl to the said \Vi|li:ini Sivtibey, ‘the Coniinissioner of Public Lands,’ nnd his successors in office, in man- nt-r following, that is to say, that the sold \Vi|litim Ilcnry Pope imd George l".lk:in:i .\lorlon now have in tlicnisclvcs, or one ofthem bath in hiinsnlf, good right, full power and lawful ‘rind absolute iiuiliority to grant, liurg.-iiii, sell, assign, transfer and set over the said judgments and debts and other premises and sums of money and securities therefor, iereby assigned and transferred, or otherwise assured or intended so to be, in manner aforesaid, and according to the true intent and meaning oftltesc presents; and that they. the said Williain Ilenry Pope and George lilltana Morton, have not, nor has either of them, or any one with their con- sent, knowledge or permission, riinde or executed an assigninent, release or discharge ofthe said judgments, :ind other debts and securities for debts Iiercby assign- ¢_-d,or any oftheni,or'ofor for tiny sum ofnicney thereby tmcufetl, or any part thereof, or received tiny part tln-reof, or ofllie moneys thereby secured, since the date of the said assignment to the said William Henry ope, ofthe sixteenth day of August last; and that Ilicy, the said William Henry Pope rind George Elknnn Morton shall not, nor will either ofthem, at any time or times hereafter, niulre, commit, or do any act or thing whatsoever, to disclinrge or release the said judgments, or any ofthem, or any moneys lb‘:-rcby secured, or any part thereof, or on execution or other process to be taken thereon, or any cfilio debts, or sums of money or securities therefor, hereby assign- ed. or otherwise assured or intended so to be, without