Pi O 318 THE BRITISH AMERICAN The following Bill was ordered to be print— ed by the Legislative Cohncil, previous to its being taken into consideration at the next sitting ofthe Legislature. JOIIN ON sures, .flctg. Clerk, Leg. C. .3 Bill intilulcd an fie! for the relief of the .8— mcricah Loyal Emigrants, and disband- ed Troops in (his Colony. nnAs in the year Seventeen Hundred anl Eiglity'l'lirec, a number of Proprietors Of Land in this Colony,willing to promote the settlement of the Island. to procure an abatement of Quit Remand to encourage the American Loyal Emigrants.did engage With His Majesty by memorial to Lord North, one of His Ma- jesty‘s .Ministers, to grant to the Loyalists. as the said Proprietors held of the Crown. and in the same pro- portion as the Loyal Emigrants received in Nova Sco- tie. one fourth part of said I’roprietors’ Land, WhiCh engagement being accepted of by His .Mnjcsty‘s G0- veruinent. an additional royal instruction was sent to this Island. of which the following is a copy. George Rex. (LSJ “Additional instructions to our trusty and well- beloved Walter Patterson. Esq. our Captain General and Governor in Chinfof our Island of St John in America. or to the Contmanderrn Ciiicfof the s‘aid Island for the time being. (liven at our Cottrt at St James~ the Twenty-fourth day ofJuly, Sevrnteen hon.- drcd and eighty-three, iii the 'I‘iventy-third year of our reign, :‘Wliei'eas it has been represented unto us that cr- tam ofour loving subjects. Proprietorsof Land in our Island ofSt. John, in eommiseration of the distress to which many of our faithful subjects [heretofore inhabi- tants of the Provinces and Colonies, now the United States of America.) are reduced. in consequence ofthe loyalty and adherence to their allegiance to us. haVe agreed to transfer and convey certain proportions of the Lands by them respectfully held by "rant froin us to such of our said faithful subjects who xfiiav be lll“ll-’ ned to settle thereupon and their llcirs and Assic'ns‘fol‘ ever in fee. In order therefore to promote such the laudable intentions of our said lovin r subjects under the description aforesaid, who may berinclined to avail themselves of those intentions. It is our will and pleasure that you do give directions that all convey- ances and other Deeds necessary for transferriiw such parts til the lands as shall be agreed to be con-’veyed to our faithful subjects aforesaid, be piepared by our Attorney General of the said Island oi‘St. Jolm' and when c.\_ecuted,be duly recorded in the Secretary’s Of- fice ol’tnc same, and that our Secretary of the said Island shall. make out a docquet ofall deeds so record- ed, specifying the name of the proprietor cnnvcyill", ofthe persons towiiom the land is conveyed the quini- tity of land conveyed, and the number or ’the Lot of wmcnthe same was a part. which docquet shall from tune to time be delivered by him to the lteccivchenc- Lll' ofour Quit [{cnts, who shall discharge in the Ilent Roll. such Proprietors from any future Quit l’teiit upon the Land so conveyed,for which the person to whom the same ts conveyed, his Heirs or Assivnsshall there- after staiid chargeable in the said Rein Roll. It is nevertheless our will and pleasure that no Lan'l con- veyed as aforesaid, shall be liable to the payment of any Quit Rent, to us our Heirs and Successors, till ten yeprs after the date of the respective conveyances. ‘And in order to relieve our subjects who have a- greed to convey apart ofthe Lands held by them as a- torelaid : it is our will and pleasure that any Arrears onuit Renttliat may have been due and unpaid. up- :n the Quantities ofland which they may convuv, shrill e rmitted, and they discharged therefrom; or in case sue arrears shrill have. been paid, our Receiver Gene- ral ofthe Quitllents, shall repay to the person or per- sons so conveying, so much of the last payment made. as shall have been paid for the part of the. lands so :orip:eyed; you are, bowl ver. to take especial care that cgzilszfilor ofcomplying with this our instruction. no remissionwpvklalloes are _niadc in order to obtain a instance t?” 62:73:58? Qut: Rent, but that in every Stunted be confinedbto acgtiiiil ancililiuml'gfm‘cm' herein" for the pur ose“ I l . ona iteconvey anee~ H 0 p icitm ichie mentioned and no other. And in order to prevent any Persons disaffected to Is_and our Government from becoming settlers in our Bald Island. It ts our -will and pleasure that all per- ons who shall be desirous ofavailing themselves of the. good intentions of our said loving subjects. aml to heCOIIIC settlers upon the Lands to be conveyed to them as aforesaid, shall, before the execution of the c onvcyance by them to be made. besides taking the usual oaths directed by law. also make anti subscribe the following declaration in the presence of you or our Commander in Chief for the time being. or of such Person or persons as by you or him shall he appoint- ed for that purpose. viz: " I. A B. do promise and “declaie that I will maintain and defend to the utmost “of my power the authority of the King in his Parlia- “them, as the. supreme Legislature of this lslantl.’ Anl it is our furthcrwill and pleastirethat the follow- ing conditions and exceptions be inserted in and-made a part of every conveyance which shall be made of lands within the meaning oftbis our Instruction. that is to sa : “ It is hereby further covenanted and agreed by ‘ 'and between the parties above-mentioned. that if the “Lands hereby granted and conveyed by the Silltl All. hto the said C. ~D. and his heirs as aforesaid, shall at “any time or times hereafter come into the tenure or ' possession ofany person or persons wliatever,iiiliabit- antsof our saidl’rovince. either by virtue of any deed ‘ ofSale, Conveyance, linfeoflinent. or Exrbangc. or by -Gift. Inheritance, Descent. Devisc. or Marriage, such ‘person or persons being inhabitants as aftiiesaiil,sliall, “within Twelve months after his, her, or their entry "and possession of the same, take the oaths appomted "by Law. and make and subscribe the following tlecla- “ration, viz: 'l, Adi. do promise and declare that I will “maintain and defend to the utmost of my power. the "authority of the King in hisParliament as the supreme "Legislature of this Island. before some one of the said "Magistrates of the said lslandf and such declaration "and certifimte of the Magistratedhat such oaths have "been taken shall be recorded in the Secretary's Office "of the said Island, within two months after takingdtnd “makinx. and subscribing the same. In default ofwhich, “this present conveyanceand every part and condition "thereolfshall be mil to all intents and purposes; Iltd “it shall and may be lawful to and forthe said A. . "his Heirs orAssigns again to enter upon and repossess ‘tbc Lands and premises hereby granted and conveyed. “and every part and pirch thereof, any thing herein “contained to the contrary notivitnstanding." 'And it is our further will and pleasure that ourSurveyor Gene- ral of Lands for the said Island, or his Lawful Deputy for the time, being. shall lay out and survey the seve- ral parts and portions of Lands which shall be convey- ed to our faithful subjects aforesaid. and shall enter the several surveys or plots thereof of record in his office, and you or our Commander in Chief for the time being, with the consent of otir Council. shall grant a Certificate to the said Surveyor General. for the ac- tual expencc attending such survey, to be ascertained upon O'ltll, together with one half the usual antl accus- tomed Fees ofOftice upon the same, directed to the Receivor General of our Quit Rents for our said Is- land. who shall pay and discharge the same out of any monies belonging to us which shall be in his hands; and you shall also gt”th Certificates from time to time to our Attorney General, for his pains in preparing the Deeds ol'Convcyance hereinbeforc mentioned, pro- vided the same shall not exceed Ten shillings for each Deed; and also to our Secretary for one halfthe usual and accustomed Fees of Odice , for recording such Deeds ofCoziveyance, directed to our Receiver Gette- ral of Quit Rents. who shall pay and discharge the same in like manner. and you shall transmit to us through one ofout Principal Secretaries of State. a distinct account of what conveyances shall be made, and certificates given as herein directed, and also transmit-a duplicate thereof to our High Treasurer. or the. Commissioners ofour Treasury for the time being.’ And thereupon a Proclamation Wis issued dated the 'l‘h'irteenth day of October, One thousand Seven limi- dred and Eighty three. as follows: By His Evr‘dency, ‘Valter Patterson, Est] . Captain Gent‘rftl. Governor in Chief, in and over llis Majes- ty’s Island of St. John and the territories thereuiito adjacent, Vice Admiral ofthe same, -.:. rite. 8. .c_ v A. PROSLAMATION- (1.. s.) “ Whereas a number of Pro- prietors of this Island, have, Walter Patterson. very generously given considerable portions oftheir Estates, to the amount in the whole of Two Hundred Thousand Acres, to be distri- buted among such of the Refugees, Provincial Troops, or other American Emigrants. as are desirous to be' I: ‘5 come its inhabitants. the Lands to be granted b Governor and Council, in the same proportion H be same terms as are offered iti Nova Scotia be given out of the different Townships by , fairest and most equitable manner, quantity signed for by each proprietor. And when as His Majesty has been graciously pleased to CXlen 5 his [loyal Bounties and Gratuities to all persons otth La above descriptions, in every respect. and in like man ul' tier as to those who settle in Nova-henna. I do I fore. by and with the advice of llis .Majestv’s c r issue this Proclamation— hereby giving “in,” ,0 such of the Refugees. Provincial 'l‘mops' (H. mm; merican Emigrants. as wish to become sum", in p. Colony. that, in a few days after their arrival at Chiu lone-Town. they shall be put iii possession ofsut- Lands as they shall be entitled to, free of u" e pence—that they may depend on the Land beina am, neither mountanious,rocky. nor swarmpy, confisl'l’Jus; navigable harbours, many parts convenieuf‘fm 1h Fishery. and in every respect preferable to any mm time unoccupied throughout Ills Majesty's Ainerifia Dominions. And :- a a? m :3 E‘ —q ,- '5' "D n f.“ 8 3 C -1 *5 6 E o = they will meet with a Government verv warmly. in,“ “‘1 ned to give them every assistance and protect'im‘i sh their power, and with loyal fellow subjects, whom they will receive a toast cordial and hearty -. 2‘ \\c' A come. . “ Given under my hand and Seal at Charlotte-an H” Island ofSt. .Iolm, this Thirteenth day of 0mm 1790 One thousand seven hundred and eightythree, 3,. tie in the tWeuty third year of His Majesty‘s rein“. m “ By his Excellency‘s command. ° : 'I‘homas Desbrisay. Prosecy." “m And whereas a number of Loyal Emigrants and ili- “.18 banded Troops, who at the publication of said Pm “‘1 clamation were at Yew York or other parts of Amer-i lid on Within the British Lines, confidinz in the proniis or offer. and description statt d in the said l‘rocliiiiatin made choice of and came to settle in this Colonv, i m‘ preference to Nova Scotia. and such persons have li “‘9 their laborious industry contributed greatly toward lit the advancement of the Colony. in agricultural an i.- othcr beneficial pursuits, but, from want ofinlormatio . on the part of sai l emigrants, antl from the iri‘eguiarit 6‘ and confusion which at that time prevailed in “June i m the public departments in this Island, many of the std ln emigrants accepted of Grants with conditions absolute 1r ly impracticable. and by no means similar to the con . ditioiis of the grants of Townships from the Crown. ‘ and have not strictly complied therewith, many 0 l them have not yet procured Grants or Title Deeds. 31- T though their locations of Land were made in manner prescribed and directed by the Governor and Council; and others have not been able to procure Loeatioiis. notwithstanding various applications have been made on their part to the proper authority, and although stic. Loyalists have perfectly conformed to the spirit oltlit said Proclamation: and the intent of the been fully attained and complied with on their part: yet certain Proprietors who have purchased Township of Land in the Colony from the original grantees. [the said Grantees and purchasers having absolutely tie;- lected to perform the conditions of their grants from his M;.jesty,L seek to evict and disturb the possessions and destroy the claims of those Loyalists, anti their Heirs and llepresciitatives. and have actually prosecute" many Loyalists both at Law and in Equity. with that intent. VVhertforc, for the relief of the American loyal Emigrants and disbanded troops who came to this Colony, at the time before mentioned. and the heirs aiid'reprcsentativos of such persons. and for the purpose of preserving the confidence of such persons in His Majesty's Government, and of promoting their loy- al and active exertions in support thereof. I Be it enacted by the Lieutenant Governor. Canned and Assembly, thatall loyal Emigrants anl disbanded Troops, who have heretofore come to reside in this Cu- ony. in cOusequt-nce and under the terms of the. above recited l’roclaniatimt, and have obtained grants from any of his Majesty's former Governors or Lieutenant Governors of this Colony, or deeds from the Proprie- tors aforesaid. of parts of such resigned Lands: and all persons claiming from. by, throngh. or under such but mentioned Grantees. he. and eat h and every offing}! persons are hereby confirmed in lllt‘ll‘ Estates and :ll- tles. in and to the Lands so granted. notwithstanihn: such Grantees may not have strictly complied With all the terms and conditions oftheir respective Grants. And beit further enacted by the authority aforesaid. thi all such of the sail Emigrants and disbandt‘l tn :- S _. a .i