hi ae Te tgp i oii ee Svu0mi o8 ,ti ee —— —————— —$$_—_— — — EDWARD WIIELAN] tiie rr ae + eee me rT — ; Vou. LV. a a aa a Se = NG TO THE PUR= Nod |Cuartes Desprisay, Esquire. , Sir For the information of His Excellency the Lieutenant In tux House or Assemacy, sc Goyervor’ in Council, the undersigned Commissioners. ap- pil February 14, 1895. _ | pointed by the g»vernment to value certain Lands offered for RDERED, That the following Documents, relating to| sale to the government by Williom H. Pope, Esquire, on the purchase of the Worrel Estate. be inserted once Lots Nos. 41, 42 and 43, said to contain: ia-all the Newspapers published in Charlottetown. 18,000 acres on Lot 41, JOHN McNEILL, C. H. A. aad Bo bom = and MR. POPE’S OFFER TO SELL. DOCUMENTS RELATI CHASE OF THE WORREL ESTATE. “ “ ae have to report : That alter a careful personal inspection of the property, OOPY. ° ; . . b ‘ Cuarvorretown, 19th Avevust, 1854. | and also from information derived. from the most reliable Bir ai sources, they are of opinion that it is worth to the govern- : ti ‘a Excelloney i cil, I bog | ment, at an ayeraze rate of six shillings curreney per acre, For the inf ee autine taltott on = for the whole Lands offered on the three Townships. to state that on behalf of myself and others, interested in | wine the Estate, real and personal, formerly owned by Cirarles | Taat if purchased by the government, about 20,000 acres Worrel, Esquire, situate in this Island, I hereby offer to! of the whole will probably be again purchased by the present sel! the said Estate to the Government, in the terms of the ‘settlers and for actual settlement by others, in quantities of Act 16 Vic., intituled, « An Act for the purchase of Lands | 50 to 100 or 200 acres, in the course of four years, atter on behalf of the Government of Prince Elward Island, and | being offered for sale: Thatabout 10,000 acres of wilderness to regulate the sale and management thereof, and for other land may be sold within a period of seven years, and about purposes therein mentioned,” subject to a certain mortgage | 5,000 acres of other wilderness lands may find purchasers to John Hamilton Gray, Esquire, for the sum of nine within ten years ; and the remaining quantity of about thousand pounds, currency, on which said sum interest is 3.900 acres we consider as valueless, or at all events, the paid to the fisst day of February next coming, but free from greater portion of it may not be sold for many vears afier all “other ‘iftcumbrances, for the sum of sixteen thousand | the time mentioned for the sale of the previous 5,000 acres five hutidred pounds, currency, and to accept payment in| already alluded to. Deberitutes, to be issued under the authority of the said) [fn arriving at the foregoing opinion we are governed by recited Act. - the prices which we hone the Lands may realize, viz :— For The Real Estate is estimated to consist of eighty-two | the Grat quentity a aaee acres, say, about Ts. per acre ; the thousand two hundred and eighty-seven acres, of which S°CoMd, Gs. per acres and; she third, 4s, per aere ; but for e baie ‘ . , ' 1 , ltivated, {the last or fourth quantity we do not consider that any sale fifty-two thousand five hundred and ten acres are uucultivated to reimbarse the-government forthe “purchase ought tobe — On Townships: relied on; and to show as briefi ible ti ‘ 9000 ; y as possible the probable No, 38, > ey we loss or gain on the purchase woney, we submit as follows in rs ry o jaaee ~ round numbers :- ee “ 41. “ 138,000 “ 40,000 acres purchased at 6s. per acre, £32,000 “ 42. “ 19.200 “ Interest on do., for 10 years, at.5 per cent., 6,000 “ 43 « 3800 « Probable amount of Joss on Land Tax, 1,000 ee are. £19,000 The lands leased are subject toanacreable rent of one) mp, moot this amount wane Ss shiliing and one penny halipenny. 20,000 acres sold for about 11s. per acre, £11,000 The names of Tenants, with the extent of their holdings, {[nrerest fur six years on this, 3.300 are shewn in the Plan of the Wstate herewith submitted. | 10,000 acres sold for 6s, per aere, 3.400 The Personal Estate consist of Judgment Debts, secured on! [yterest for three years on do., 450 Real Estate, to the amount of. say, two thousand pounds, | 5,000 acres sold fer 4s.,’ 1,000 and a icon aver of Rent, to tie amouut of several ; £18,750 thousand pounds. I beg to add that the Estates are offered as fully and | Supposed loss on-the purchase atthe end of 10:years, £250 amply as 1 reeeived them from Mr. Worrel’s Trastees. + 1 have the honer, to be, Your obedient servant, WM. H. POPE. Hon. George Coles, Colonial Secretary. No Interest is calculated on the latter sum ‘of £1,600, as noné is taken on the principal of the purchase money beyond ten years, also none is taken on the salesof 20,000° acres for four years, though no dout one-fourth of..it will ‘be sold within two }cars. With re#ird to the additional sum now imrnediately re- 2a A TE ne REE oe CHARLOTTETOWN, PRINCE EDWARD ISLAND, eoinaenaraptapseampermamngeta ae a ee ee A WEEKLY JOURNAL OF POLITICS, LITERATURE AND NEWS. ~ Chis is truce Liberty, when Free~bora Lien, having to advise the Pabdlic, may spealt free+—euRirwes. axb PUBLISHER teh shhebeod*zi: t ix —— } Estates were estimated to amount to, and contain an area of eighty-two thousand and two hundred and eighty seven (82,287) aerds of land, and the said William Swabey, on be- half of the Government of the said Tsland, as such the Com- missioner of Public Lands, has, after consideration of the said Tender, and in ‘accordance with the authority to him given under the hand and seal of His Excellency the Lieutenant Governor, of the said Island, as required by the said Act, contracted and agreed with the said William Henry Pope and George Eikana Morton, who was also juterested in the { « Fishery Reserves,” as reserved and said Estates to the extent of one fourth, for the purchase of the said real and personal H-tates, so tendered. (excepting out of the real Estates two tracts containing together nine handred and eighty fuur (984) acresof Townships Nos, $9 and 40, since the date of the said letter, sold by the said William Henry Pope and George E!kana Morton to Mr. John Benja- inin Cox.) after deducting which tracts, the estimated area of the said Real Estates is eighty-one thousand three hundred and three acres, for the sum of ‘Twenty-four thousand one hun- dred poands eurreney, and by two several deeds or instru- ments in writing made in form as required by the said Act, und bearing even date herewith, the said William Henry Pope and George E!kana Morton, w'th their respective wives, so far as the Real states are coneerned, have eonvey- ed to the said William Swabey, the Con.missioner of Public Lands, and his successors in office in manner as therein nicn- tioned—Al]] the said Real and Personal Estate so tendered for sale, except Mr. Cox's tracts, above referred to, bat only eighteey thousind poun ls of the purchase money has been paid down, and the balance of six thousand one hundred (£6,100) pounds has been retained by the Government! ‘as a guarantee for their being put in lawful and peaceable posses- sion of the whole amount ‘of Jands so’ contracted ‘to’ be pur- chased, estimated at cighty-one thousand three hundred and three acres, more or les*, and these presents are now entered into respecting the payurent of the said balance of six thou- sand one hundred pounds, and it is hereby for that purpose agreed, between the parties heteto, as follows, viz: A period of two years is hereby allowed to the’ Goverument of this Island; vad the Commissioner of Public Lands, from the date of: these’ presents to ascertain whether the lands and Real Kstate so conveyed to the Commissioner of Public Lands, by the said William Henry Pope and George Elkana Morton, by one of the said Deeds of even date herewith, and to which they are entitled, and can put the said the Oommissioner of Publie Lands, or his successor in office, in lawful and peaceable possession, do actually and bona fide amount t6 the ful! quantity at which they ‘are estimated it? Mr. Pope’s letter, loss Mr. Cox's traet, that is‘to Say, eighty-one thotisand three handred and three (81,303) acres, exclusive of the Fishery Reserves claimed by the Government, and estimated at ‘six hundred acres, after deducting such parts of the said Reserves us are in the possession of Frecholders, or other occupants claiming title; At the expiration of the’said period of two years, if-it salt be aséerfained’ that the Tande and Real Estates purported to be eonveyed to the Commissioner of Publie Lands, by the said Deed of even date herewith, and of which lawful and peaceable possession shall have been “MONDAY, FEBRUA RY 26; SPECIAL REPORTS OF COMMISSIONERS. ' No. 1. To His Excetuzescy rue Lievrenant Govennonz, X&c., Kc., In CouNcIL May it please Your Excellency : In pursuance of your instructions, we have exam‘ned lquired for the costs of management, opening Roads, and/ given to him or his successors in’ office, shall amount to the | iucidental expenses, a proportionate amount to mect this will fn] ae of eighty-one thousand ‘three hundred and three no deuht be realized from the accruing rents ; and the arrears | (81,803) acres over and above, and exclusive of the Fishery ‘of rent may probably, to a considerable extent, ‘be made | Reserves claimed by the Government, which are included in lavailaNe in opening new Roatls on the property for the pur- | "re deseription ‘of the Lands courprised in the said’ Jast men- pose Of loexting it, and as fur the eales made by the late | tioned Deed, and winiel are estiinated at six hmdred (600) holders of the property, they have, we find, been generally | “Tes, for which no payment will be niade by the Government, ‘ | ) made at such rates, that very likely the government will see {then the said balance or sum of six thosind one hundred! 55: 3 oil we Bt vr. > ry el 6 oO. 8 . * y c “as rs iit . : iid . Bae ‘5 “Bis «Beat ory eee v rf tors, before they proceed to the investigation, to name a third party, as an umpire, whose decisiow or j it, or the de- cision and judgwent of a majority of them, after investigati the matter, shall be conelusive, as to the quantity conveyed, or of which lawful and peaceable posseasion has been given. And further, it being understood and agreed, however, that’ ia making a calculation of the area of acres conveyed, or of which lawful and peaceable possession has been given, no pay- ment will be made by the Government of the-said Island, or the Commissioner of Public Lands; for-the lands called ted in the ori- | ginal grants of Lands, so conveyed by Deed of even date herewith, to the Commissioner of Public Lands; nor shal} the arbitrators or umpire, so to be appointed as aforesaid, have any powcr to take the same into account, as forming any part of the Lands conveyed, or of which possession shall be given, which said Jands termed “ Fishery Réserves,” it is hereby agreed, amount to six hundred (600) acres, and are not to be estimated at more or less than that area. And further, if any tenants or oceupiers of any of the Lands. con- veyed by the said William Henry Pope and: George Hikaba Morten, to the said William Swabeyythe Commissioner of Pablic Lands, and his successors in office, by Deéd of even date herewith, shall, within the said period of two years, ro- fuse to attorn to or recognize the title of the Commissioner of Public Lands, under such Deed, it shall in such case -bo optional with the said the Commissioner of Public Jiands, under the directions of the Lieatenant Governor in Council, at or before the expiration of the said period, to reconvey all, or any of the Jand or lands, held by any: such refractory tevant or occupier, or more of. them, to the said William Henry Pope, Theophilus Desbrisay, Joseph Pope and George’ . Klkana Morton, their and each and every of their ‘heirs aud > 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 him or them, as’ shall) seem best.:: And ‘for .¢ach ‘and ) every acre reconyeyed under the jast preceding clause of this agreement, tue suim.O€ six shillings shall be deducted from». the said balanee offsix’ thousand \oné’ hutdred) pounds, and the residue -only-of; the said balaneepufierimakinig sdeh deductims, with interest thereon; at five’ pereent. um, from this date, shall be paid to the said William tetera! e; Tueophilus Desbrisay, Joseph. Pope, Samuebk: P. Fairbanks, attomney Of George Kikuna Morton, as.aforesaid. . - In witness whereof the said parti¢s to these presents have hereunto their hands ‘and seals subserived and set, the said’, George Elkana.Morton, by Suntuel,P. Fairbanks, of Halifax, . in the Province.of Nova Scotia, Esquire, bis Attorney for thas... purpose, duly authorized by bLetier of Attorney duly regis-.. tered, and dated the twenty-eightliday of November lust, the day aud year first above written, oait WM.) POPE, qj, piss oft worli do « GHORGE BLKANA MORTON, (i'8.), | By his Attorney, 8. P.) Pamsanna, WELMIAM SWABEI,(h. oa, 7 Commissioner of Pablie Lands. Signed, sealed and delivered in the presente of *” Josuen Hnxxstex, Attorney General. Certified Copy, Wu. Swaner, Comry a 18 i i> ak Ht . rr ae ; > CONVEYANCE OF JUDGMENTS, DEBTS, &c., IN TRUST FOR CERTAIN PURPOSES DECLARED. IN ACT 16am VICTORIA, CHAPTER 13. UszoO ALL TO WHOM. THESE. PRESENTS SUALL Conn, We, Townships Nos. 38, 39, 40 and 66, being a poriion of the} jp, propriety of reducing them, or assimilating them to the | E tate off-red for sate by William H. Pope, Esquire. and) fture prices of Lunds sold by it of a similar quality on this! have to report as follows :— property. Ist class, 10,097 aeres.—We find 10,097 acres of a class © Wri respect to the Rent Rol! furnished to fhe govern- which we think when suid woud realize L1s. per acre. iment and plaeed in our hands, we cannot con-ider it as of 2nd do., 25,497 acres. —25,497 of a secondary class, value any, or of much service to us, in forming our opinion of the: 5s. per ere. ; hp : value of the property, as we deem it ineomplete. 3rd do., 6.2% acres.—6,300 of a deseription which, were| We bes in eonelusion to observe, that should the price | it not that they generaiiy abut on farms and contain the} jy med for the purchase be thought too hich, and the Com- water, we might consider of no volue; -but being ” situated’! inisioners be considered: too sanguine in the caleulations suh- we consider them worth Is. per were ; a large portion of the ji jtred of the probable returus of the value of the property same being wlready measured with the occupied faris. The! when disposed of by the government, in the event of a portion of Townshi,s Nos. 39 and 40, occupied by Mr. Cox. purchase, and taat on the contrary a greater loss may arise has been valued to that gentleman at £1.400, and his} to the government, yet we will, we trust, be allowed to re- agreement to parchse is offered to be handed over to. the | y.srk that in onr opinion the advantage which will eventually government, the difference between which and the amonnt) aris. in the Coluny generally, by the government being per acre, already valued in class one, is £910, to be added oyabjed to sell a large tract of Land at moderate prices. to the value of that class thereby quieting numbers of the in vahirnts, increasing the 5th class—The amount ofthe Judgments entered up| rosperity of the Colony hy converiing Leasehold into Free- against these Townships, as extracted from the general '},.1q Tétinres! and no doubt also eventually reducing the Behedule, is £1,500. prices of Lunds generally throughout the ‘Colony to such fair 6th class —The amount of arrests, as returned to the’ : : . ou! rates as will enable numbers to obtain a fee simple interest office of the Commissioner of the Pablic Lands, afier jy the soil, will more than compensate for any moderate loss deducting these Jud ents, is probably incomplete, bat! hig may be sustained by the government and the Colony in appears to be; after deducting the above named Judgments, ; jy. purehase of the property, inspected and herewith reported upwards of £4,000. on by the Commissioners. Ure & RECAPITULATION. KE. THORNTON, Ist cl 10 at 11s. r acre, £5,553 a (Signed,) JAMES DINGWELL. dap et rae 6374 5 0 DONALD BEATON, 24 do, 25,497 at 5s, Oi . 84 do. 6,800 at la do. 840 0 | November 8rd, 1854. By Mr. Cox, 910 0 0) | AGREEMENT TO PURCHASE. Total, as valued, eI " 4 MemoranNnuM oF AN AGREEMENT made and entered into | this tweuty-eighth day of December, in the year of our Lord TJ \ one thousand eight hundred and fifty four. Between the . 12 —_——— £14,977 & 0; Honorable William Swabey, the Commissioner of Public 4,000 | Lands of Prince Edward Island, acting under the authority Total. with do. and a £18977 12 0 of the Act of the General Assembly of the said Island, passed ’ . rrears, i ytd in the sixteenth year of the reign of Her present Majesty Queen Victoria, intituled “ An Act fur the purchase of Lands on bebalf of the Government of Prince Kdward Island, and ; to regulate the sale and management thereof, and for other Excess of valuation over pur poses therein mentioned,” oP the one part, and Wiiliam/ price asked, 2 Henry Pope, of Caatlottetown, in the said Island, E-quire, | We are of opinion that six -shillings currency per acre, and George Kikana Morxton, of Halifax, in the Province of forthe whole Estate migit be Jaid out by te governmeut Nova Scotia, D.uggist. of the other part :—Whereas the without risk of ultimate loss, and we would further obserye, said William Henry Pope, by leiter dated.the nineteenth in support of that opinion, that there are many,aill sites and, day of August last, on behalf of himself and others interested other favorable spots vith advantsgeous water fromis, &e., in the Estates, real and personal, formerly owned by Cnarles which are worth more than eleven shillungs per acre, but Worry, Kxquive, situate in the said Isiand, did tender the! which we have plaeed in the first. class, although they exceed same for sale, to the Government of the said Island, in the | the general average. terws of she tic sb; said recited Act, (subject to a certain mortgage | Lo regard to the Julgments and arrears, it is our opinion io John Hamilton Gray, Esquire, fur the eum of nine thouswnd | £13,177 12 0 12.718 4 0 Ist valuation, Amount at 6s, per acre, £459 8 0 currency aforesaid, by the Government of the said Island, in five per eent. per annum, from this date on such residue, in| to be his Attorue; (£6,100) poun’s is’ to be paid to the ssid Willian’ Henry! William Henry Pepe, of Charlottetown, \in Prince Ldward Pope and to Tacophilus Desbtisay, of Charlottetown aforesaid, | Island, Esquire, aud George Eikana Morton, of Halifax, in Esquire, Joseph Pope, lately residing in the said Island, now | the Province of Nova Scotia, Diuggict, send greeting : of Liverpool, in the part of Great Britain called England,} Whereas by a certain Indenture of Asugoment, bearing date Hsquire, and to Semuel P. Fuirbanks, attorney for George | the seventeenth day of June, in, the year of our duerd one, Klkyna Morton, aforesaid, their and each and every of their) thousand eight bundred. and uity, and made, or expressed to. executors, admimstrators and assigns, in equal shares or pro- be made between Charles NW ourel, therein described, as of portions of one thousand five bundred and twenty-five pound | Morell. House, ia King’s County, in Prince Edward Island, of the one part, and James.Peake, the Houorable Charles Hensley, the. Honorable John Myrie Holl, and Treophilys De-brisay, all of the suid Tsland, Ksquires, of the other part, divers, debts or sums of money due on, or steured by certain Judgnieuts at the sult of the said Charles Worrel, retovered against various parties, and whieh are and then were entered cighty-one thousand three hundred and three acres, over and| of record in ier Majesty’s Supreme Court of Judicature of nbove the Fishery Reserves aforesaid, or, if, at that time, the said Island, | and moré particularly emumerated and lawful and peaceable possession of the said full amount has) specified in the Schedule marked (A) to the Indenture now not been given to the Commissioner of Public Lands or his! in récital annexed, and also all debts or sunis of nionty then successors in office, under the said Deed, then'the Govern-| due and owing to him, the said Charles. Worrel, in Prince ment are to retain and deduct out of the said balanee of six{ Edward Island, whether upon mortgage, bond, lease, deed, thousand one handred pounds the sum of six sliillings per speciality or other security whatsoever, or by simple contract, acre, for cach acre deficient in quautity, or of which lawful | were assigned and transferred to the said cele aaaae and peaceable possession has not been so given; and will pay! Charles Hensley, John Myrie Holl, and Theophilus Dest "ae to the said William Henry Pope and Theophilus Desbrisay,} their executors, administrators, and assigns, upon and *! Joseph Pope aud Samuel P. Fairbanks, attorney of George| certain trusts, Interests and purposes, therein expressed, Eikana Morton, as aforesaid, their and each and every of declared and contained, and by pore eaid Tndenture Fur y their excéeutors, administrators and assigns, thé residue whieh! recital the said Charles Worrel did constitute the said James shall remain due afier such deductions trom the said balance | Peake, Charles Hensley, John Myrie Hell, and Theophilus or sum of six thousand one handred pounds, with interest at | Desbrisay, and the survivor, his executors and administrators, ys, irrevocable to receive and recover amounts And furttier, if}due or to become due on the said Judgments or other debts of money so by him assigned us aforesaid ; aud did Specie, Treasury Notes, or Debentures, issued under the said Act, ut the option of the Government. But if at the expira- tion of the said period of two years from this date, it shal! have been assertained that the quantity of Land conveyed by the said Decd of even dato herewith, does not amount t: equal shares cr proportions, as aforesaid. when the said period of. two years from this date shall have | or sums atta GH ba 4 hate Gilt fully expired, no deficiency in the quantity of Land conveyed | «lso thereby for that purpose ara Tae ae “¢ "aaeaPat oo or of which lawful and peaceable pessession has heen giver) | appoint one or more Attorney or Attorneys under them, se . : om eee i om, their executors inigtra- to the Commissioner of Public Lands, or his euécessors in/aud did covenant with then , a" adm ed ln office as aforesaid, exclusive of the Fishery Reserves, shali/ tors and assigns, not at any time to revoke or “make void And whereas have been aseertained and declared by the Commissioner of) such authority and power so by him given, Pablic Lands, or his suceessors in office, or the Goverment of| by a certain other Indenture of Assigmoent, dated the first the said Island, it shall be presumed that no sucia deficieney | day of February, one thousand eight bundred and fifty-three, exists, and the said William H. Pope, Theophilus Desbrisay, | avd made between the said eo Prake, Charles Hensley, Joseph Pope, and Samuel P. Fairbanks, attorney of George #1- John Myrie Holl, and ea as Desbrisay, re pac 4 L cy kana Morton, as aforesaid, their or each and every of their eas pan! John Hamilton Gray, of Spring Park, in the said Isiaad, ecutors, admin 'strators or assigns, shall reecive their said seve-! Msquire, fa : ! ral and respective shares, or proportions of the said sum of six Dine ste voa rae ieeey pe eee inareniatiion ta thousand one hundred pounds, with interest as aforesaid, in| les Heusley, Jobn Myrie Holl, ae 4 ‘a ? aan allel oe specie, treasury notes, or debentures, at the option of the Go- the considerations therein mention PF: id assign an _— er vernment. And further, if any dispute shall arise between the funto the said John Hamilton oe wana sed said William H. Pope, Theophilus Desbrisng, Joseph Pope, | tors aud assigus—all and —— ar ra ——s up Samuel P. Fairbanks; aitorney of George Eikana’ Morton, as! of record in ier Majesty s Supreme Voun of : wn 2 aforesaid, and the Government of the said Tsland, or the Com-/ Prinee EK iward Island, at. the = of the said . Charies iwissioner of Publie Lands for the time being, as to the fuet of Worvel, or of them, the said Jumes Peake, ( harles Hensley, there being any defiviéncy in te quantity of Land eonveye} Joho Myrie ffoll, theophilus Desbrifay, as ach ne as afuresaid, or of which lawful and peaceable possession has aforesaid, against Various! persons, as specified in the a o been given, as aforesaid, then the faet, or matter in dispute | therenute annexed, with all summof money-dueor to, late Captain in Her Majesty’s seventh Keg ment of that a povtion migit be realized iu opening Ruads and meeting poun’ls currency and jute.est, as therein mevtioned) for the, shal! be referred tc two arbitrators, to be named in the usual / due thereon, with a proviso for redemption aad neconvey ance aoe . stm of Six! cen thousasd five |madred pounds currency, which, mapner, one to be. vaimed by the Government, and the other ‘of the said Judgments thereby. assigned, and. eee I mS SOM 9 Fee JOSEPH, DINGWELL, _, t gether with the suid pyiveipal_ money secured on the mort. by the said: William Henry’ Pope, Theophilus Desbrisay, money thereby secured oncthe en an -_ : (Signel,). Soe Piel Ls aveleciii 1) BARE. made the sum.of twenty-five thousand five hundred Joseph Pope aud X:muel P. Pairbariks, attorney of George Hamilton. Gray, his et "Ban ae WILLIAM SWABEY, | pounds currency, .as the price of the sad Estates, asked by | Kikuua Morton, their of each and every of their executors, of the samof ning-thousand ‘po omg: oe eantee ee ; Charlottetown, November 8in, 1854, | the said Williain Heury Pope, and by the said letter the real | admipistrators and assigns, with power to the suid Arb'tra- ' as therein mentjoned. a2 will more fally appear ov referonee