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Lord Selkirk’s Deed from the Hudson’s Bay Company

by James Taylor

MHS Transactions, Series 1, No. 36
Read 25 April 1889

MHS Transactions were originally published by the Manitoba Historical Society on the above date. We make online versions available as a free, public service. As an historical document, Transactions may contain language that is no longer in common use and which may offend some readers. They should not be construed to represent the views of today’s Manitoba Historical Society.

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The Historical and Scientific Society of Manitoba met in its rooms on the evening of 25th April, 1889, the 1st Vice President, Mr. A. B. Baird in the chair, Mr. James Taylor, Recording Secretary of the Society read a paper entitled "The right's titles and privileges granted to Lord Selkirk in 1811." After a few introductory remarks Mr. Taylor said:

In his book entitled "An Overland Journey Round the World," at page 42, and dedicated to the Committee of the Hudson's Bay Co. - Sir George Simpson - a Governor of the H. B. Co. says of the lands deeded to Lord Selkirk: "The tract which was thus set apart for the purposes of Agriculture and civilization ex tended in longitude, - from the sources of the Winnipeg to the plains of the Saskatchewan, - and in latitude, from the sources of the Assiniboine to the International Boundary."

Mr. J. J. Hargrave, another Hudson's Bay Company's officer - in his book entitled "River," at page 72, and dedicated to the Earl of March, says: "In the year 1811, the Earl of Selkirk purchased from the Hudson's Bay Co. the ownership of a vast tract of land, including, as a small part of the whole - the ground occupied at the present time by Red River Settlement. The rights granted to Lord Selkirk were full proprietary rights to the soil, subject only to the burden of extinguishing the Indian titles. Till that date (1811) the question of these claims had lain between the Indians and the Company. The Hon, Alexander Morris, late Lieutenant-Governor of Manitoba - in his book "The Treaties of Canada with the Indians of Manitoba and the North West Territories," at pages 300, 301 and 302 - a work dedicated to the Right Honorable the Earl of Dufferin in 1880, has printed a very small portion of the Selkirk Deed. The reasons why all the provisoes and conditions expressed in the deed - and also the map shewing the territory sold to Lord Selkirk and to which he refers at page 14 - have been suppressed and left out of his book - most certainly calls for an explanation from Hon. Mr. Morris.

Agreement Between Lord Selkirk and the Hudson's Bay Company

This Indenture made the twelfth day of June in the fifty first year of the Reign of Our Sovereign, Lord George the Third, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King Defender of the Faith and in the year of Our Lord one thousand eight hundred and eleven.

Between the Governor and Company of Adventurers; of England trading into Hudson's Bay of the one part and the Right Honorable Thomas Earl of Selkirk of the other part.

Whereas the said Governor and Company are seized to them and their successors in fee simple as absolute Lords and Proprietors of all the Lands and Territories situate upon the Coasts and Con. fines of the Seas, Streights, Bays, Lakes, Rivers, Creeks and Sounds within the entrance of the Streights commonly called Hudson's Streights in the North West parts off America and which Lands and 'Territories are reported as one of the Plantations or Colonies belonging or annexed to the United Kingdom of Great Britain and Ireland and are called Ruperts Land.

And whereas the said Governor and Company have for divers good and valuable causes and considerations them thereunto moving agreed to convey and assure a certain Tract or Parcel of the Said Lands and Territories hereinafter described unto and to the use of the said Earl of Selkirk, his heirs and assigns under and subject to certain conditions hereinafter expressed and contained.

Now therefore this Indenture witnesseth that in pursuance of such agreement and in consideration of the sum of ten shillings of lawful money of Great Britain to the said Governor and Company well and truly paid by the said Earl of Selkirk at or before the execution of these presents (the receipt whereof is hereby acknowledged) and for divers good and other valuable causes and considerations them the said Governor and Company have given granted, aliened, enfeoffed and confirmed and by these presents, do give grant, alien, enfeoff and confirm unto the said Earl of Selkirk, his heirs and assigns, all that Tract of Land or Territory being within and forming part of the aforesaid Lands and Territories of the said Governor and Company bounded by an. imaginary line running as follows (that is to say) beginning on the western shore of Lake Winnipie, otherwise Winnipey, at a point in fifty two degrees and thirty minutes north latitude and thence running due west to the Lake Winnepigoos, otherwise called Little Winnipey, then in a southerly direction through the said Lake so as to strike its western shore in latitude fifty-two degrees, then due west to the place where the parallel of fifty-two degrees north latitude intersects the western branch of Red River, otherwise called Assiniboine River, then due south from that point of intersection to the Height of Land which separates the waters running into Hudson's Bay from those of the Missouri and Mississippi, then in an easterly direction along the said Height of Land to the source of the River Winnipie or Winnipey (meaning by such last named River, the Principal Branch of the waters which unite in Lake Saginagas), then along the main stream of the waters and the middle of the several Lakes through which they flow to the mouth of the Winnipie River and thence in a northerly direction through the middle of hake Winnipie to the place of beginning. - (Morris.)

As the said Tract or Parcel of Land hereby granted or intended so to be is more particularly described and distinguished, and the boundary thereof marked out in the map or plan annexed to these presents, in which plan the lands hereby intended to be granted are colored red.

Together with all mines, minerals and metals and delfs and quarries of stone and lime already discovered or hereafter to be discovered within the limits of the land hereby granted and enfeoffed or otherwise assured or expressed and intended so to be.

And also all and singular, houses, edifices, buildings, forests, woods, springs, woodlands, and underwoods and the ground and soil thereof respectively. Trees, timber and timber like trees, quays, wharfs, landings and landing places, lakes, ponds, rivers, pools, dams and streams of water, fishings and fishing places and rights of fishery, moats, moors, marshes, wastes, waste grounds, commons, common of pasture and common of turbary fumes, heaths mounds, hedges, fences, ditches, roads, fens, feu-grounds, ways, paths, passages, easements, waters, water-courses and all and singular other the rights, franchises, liberties, customs, profits, commodities, emoluments, benefits, advantages. members, hereditaments and appurtenances whatsoever to all and singular the said lands and premises hereby granted and enfeoffed or otherwise assured or expressed and intended so to be, or any part or parcel thereof belonging or in anywise appertaining or to or with the same held used possessed or enjoyed or accepted, reputed, adjudged, esteemed, deemed, taken or known as part parcel or member thereof, or of any part thereof or as appurtenant thereunto and the reversion and reversions, remainder and remainders yearly and other profits of the said land, hereditaments and premises hereby granted and enfeoffed or otherwise assured or expressed and intended so to be, or any part or parcel thereof and all the estate, right, title, interest, use, trust, inheritance, property, possession, benefit, claim, and demand. whatsoever at law and in equity or otherwise howsoever of them the said Governor and Company of in to or out of the land, hereditamants, and premises hereby granted and enfeoffed or otherwise assured or expressed and intended so to be and every part and parcel of the same. Saving and reserving nevertheless to the said Governor and Company and their successors all rights of jurisdiction whatsoever granted to said Company by their Charter.

To have and to hold the land and hereditaments and all and singular other the premises hereby granted and enfeoffed or otherwise assured or expressed and intended so to be, and every part and parcel of the same unto the said Earl of Selkirk, his heirs and assigns for ever.

As to for and, concerning such an extent or Quantity or such separate extents or quantities of the Tract or Territory of Land hereby granted and enfeoffed shall in the whole amount be equal to one tenth part of the said Tract or Territory and which one tenth shall be set out by the said Earl of Selkirk, his heirs or assigns, before or within the space of three years of after the said Governor and Company or their successors shall by some writing under the hand of the Governor of the said Company for the time being require the said Earl of Selkirk, his heirs or assigns I to make such division or setting out to the use of such person or persons being or having been in the service or employ of the said Governor and Company for a term not less than three years immediately preceding the date and execution of any direction or appointment to be made by the said Governor and Company and their successors under this present power, in such parts, shares, and portions and for such estates and interests as the said Governor and Company and their successors shall from time to time by any writing to be sealed with the common seal of the said Company direct or appoint.

Nevertheless, so that no person taking under any such direction or appointment and being under the Rank or Degree of Master of a Trading Post, shall be or become entitled to any greater part share or proportion than two hundred acres, nor any person of the Rank or Degree of Master of a Trading Post any greater part share or proportion than one thousand acres.

And also, so that every use estate or interest which shall be created under or by, virtue of any direction or appointment to be made by the said Governor and Company and their successors in pursuance of the aforesaid power be made and rendered subject to a condition to be bold if the person or persons or his, her or their assigns shall not be or become a settler or settlers upon the land hereby directed or appointed or if he, she or they or his, hex or their assigns shall neglect or fail to cultivate and continue the cultivation of the same land and in the mean time and until such direction or appointment shall be made and so far as any such direction or appointment shall not extend.

To the use of the said Earl of Selkirk, his heirs and assigns for ever and to and for no other use, intent or purpose whatsoever.

And as to all the remaining part or parts, portion or portions of the said Tract or Territory. To the use of the said Earl of Selkirk, his heirs and assigns for ever.

Nevertheless, upon under and subject to the conditions hereinafter mentioned expressed and declared of and concerning the same.

And to the intent that these presents may be rendered a complete and effectual assurance. The said Governor and Company have made, ordained, constituted and appointed and by this present Deed or Instrument under their common seal - Do make, ordain, constitute and appoint William Auld, Thomas Thomas, William Sinclair, William Hillier, James Swain, Donald Sutherland, Hugh Heney, John Stitt, John McKay, and Archibald Mason, all servants of the said Governor and Company jointly and each and every of them separately their true and lawful attorneys and attorney, for them the said Governor and Company and in their name, place and stead to enter into and upon the land, hereditaments and premises hereby granted and enfeoffed or otherwise assured or expressed and intended so to be, or into or upon any part or parcel of the same in the name of the whole, wholly and quiet and peaceable possession and seizing of the said land, hereditaments and emises and of every or any part thereof, n the name of the whole, for and in the name of the said Governor and Company, to have and take and after such entry made and possession and seizein so had and taken as aforesaid to deliver quiet and peaceable possession and seizein thereof and of every part thereof unto Miles McDonnell, Esquire, Kelly Clerk, Abel Edwards, Surgeon, Kenneth MacRae and William Tomison, Gentlemen, whom the said Earl of Selkirk hath made, ordained, constituted and appointed, and by these presents doth, make, ordain, constitute and appoint jointly and separately his true and lawful attornies and attorney for and in his name place and stead to take and receive the same, to be had and held according to the tenor form and effect of these presents.

And the said Governor and Company, and the said Earl of Selkirk do hereby respectively ratify, confirm and allow to be sufficiently available all and whatsoever their said attorneys respectively shall lawfully do in the premises by virtue of these presents. Provided always, and it is hereby agreed and declared between and by the parties hereto, and the presents are upon this express condition. That if the said Thomas Earl of Selkirk, his heirs or assigns shall not within the space of ten years to be computed from the date of these presents settle or establish upon the tract of ground hereby expressed to be granted - One thousand families, each of them consisting of one married couple at the least, according to the true intent and meaning of these presents.

And if the said Governor and Company shall by notice in writing to be given to the said Thomas Earl of Selkirk, his heirs or assigns or left at his or their dwelling or usual place of abode require him or them to establish and settle such a number of families on the premises as will make up one thousand families on the same.

And the said Thomas Earl of Selkirk, his heirs or assigns shall during the space of three years next after such notice shall be given or left as aforesaid neglect to settle or make up the said number of families - then and in that case it shall be lawful for the said Governor and Company by Deed under their common seal to revoke the grant herein before expressed and contained, and to enter upon the premises hereby granted of his or their former estate - but, subject and without prejudice to such grant as shall have been previously made by the said Earl, his heirs or assigns to or in favour of any person or persons, so as upon the land comprized in any such grant there be actual settlers to the amount of one family for every five thousand acres.

And also upon this further express condition that the said Earl of Selkirk, his heirs or assigns or any other person or persons deriving title by from through or under him, them or any of them shall not nor will at any time or times hereafter, in or by any direct or indirect mediate or immediate manner, ways or means, infringe or violate, or set about or attempt to infringe, or violate, or aid, assist or abet, or set about, or attempt to aid, assist or abet or supply with spirituous liquors - trading goods - provisions or other necessaries any person or persons whomsoever corporate or incorporate, or any Prince, Power, Potentate or State whatsoever, who shall infringe or violate, or who shall set about, or attempt to infringe or violate the exclusive rights, power, privileges, and immunities of commerce, trade and traffick, or all or any other of the exclusive rights, powers, privileges and immunities of or belonging or in any wise appertaining to or held, used or enjoyed by the said Governor and Company and their successors and particularly such rights, powers, privileges and immunities as they are entitled to under or by virtue of or which were given and granted or intended to be given and granted to them and their successors by the Charter of His late Majesty King Charles the Second, bearing date on or about the second day of May, in the year one thousand six hundred and sixty-nine - save and except such rights, powers, privileges, immunities and franchises as are incident to the land hereditaments and premises hereby granted and enfeoffed or otherwise assured or expressed and intended so to be, or any part or parcel of the same and which are hereby intended to pass be and with the same without the license or consent in writing of the Governor of the said Company and their successors for the time being for that purpose first had and obtained.

And also, that he, the said Earl of Selkirk, his heirs or assigns or any person deriving title by, from, through, or under him, them, or any of them - shall not in any manner without such license or consent as aforesaid carry on or establish or attempt to carry on or establish in any posts of North America, any trade or traffick, in or relating to any kind of furs or peltry or in any manner directly or indirectly aid or abet any person or persons in carrying on such trade or traffic or in any manner otherwise than as hereinafter mentioned, navigate or traffic or assist in navigating or trafficking upon or within any of the seas or waters within Hudson's Straights aforesaid, or unlawfully enter into or trespass upon any part of the land or territories belonging to the said Governor and Company and their successors in or at Ruperts Land aforesaid, not hereby granted and enfeoffed or otherwise assured or expressed and intended so to be.

Nevertheless it is agreed that no act of entry shall be deemed construed or taken to be an act of trespass within the meaning of this condition unless committed after some special notice or prohibition in writing, shall be or have been given by the said Governor and Company or their successors or some person or parsons duly authorized by them unto the person or persons who from time to time shall be, or be alleged to be guilty of such trespass.

Provided also, and it is hereby further declared and agreed by and between the parties hereto, and the presents are upon this further condition that it shall and may be lawful to and for the said Governor and Company and their successors at any time or times except in respect to such of the land hereby granted and enfeoffed or otherwise assured or expressed and intended to be, as shall have been put by the said Earl, his heirs or assigns into a state of actual cultivation or settlement to form or make within the said tract of land hereby granted any post or place, posts or places of establishment or communication for traffick, trade or commerce with the native Indians and for such purpose to and for the said Governor and Company and their successors to use, occupy and enjoy such post or place, posts or places, and in like manner, to use, occupy and enjoy all and every post and place or posts and places already formed or made with free liberty of ingress, egress and regress to and for the said Governor and Company and their successors and their servants or agents with or without horses, carts, carriages, boats, vessels and other usual or customary vehicles of conveyance to go to and from the said posts and places in over or upon all and every or any of the roads, ways, rivers and canals which now do or which shall or may from time to time lead to or from the said posts or places doing as little damage as may b to the other part of the land hereby granted and enfeoffed and allowing reasonable compensation for the damage which shall be so done.

Provided also, and it is hereby further declared and agreed between and by the parties to these presents that the several conditions herein before contained shah not be construed and taken to be entire conditions, so that a dispensation or waver of any part branch or member either pro-tempore or otherwise shall operate as a waver or dispensation of every part of such condition, it being the true intent and meaning of the said parties to these presents that the same conditions may be dispensed with, in part either pro-tempore or otherwise and yet continue in force and being as to every other part branch or member thereof, not within the express letter of such dispensation any rule of law to the contrary in any wise notwithstanding.

And it is also declared and agreed between and by the parties to these presents, and the said Governor and Company for themselves and their successors hereby grant, that in case the said Earl of Selkirk, his heirs or assigns shall alien or otherwise dispose of the land, hereditamenta and premises hereby granted and enfeoffed, or otherwise assured. or expressed and intended so to be, in separate parcels or divisions, such division or parcel shall so far as concerns any condition herein contained, be and shall be deemed; construed and taken to be held distinct, separate and apart from the other or others of the said divisions or parcels, and the estate and interest of the owner and proprietor, owners and proprietors of any one or more division or parcel, divisions or parcels shall not be or be liable to be defeated or destroyed by any act of forfeiture or breach of condition which shall be made, done or committed by the owner or proprietor, owners or proprietors of any other division or parcel, divisions or parcels, but shall and may notwithstanding such act of forfeiture or breach of condition continuo and be in full force and effect, in like manner, as though the several conditions herein contained had been annexed to the estate and interest of such last mentioned owner, proprietor or proprietors only and not to the estate or interest of any other owner or proprietor, owners or proprietors.

Provided also, and it is hereby further declared and agreed between and by the parties to these presents that m all and every or any case of forfeiture or breach of the conditions herein contained the said Governor and Company and their successors shall take advantage and avail themselves of the same by entry, within five years from the day or time on or upon which any act of forfeiture or breach of condition shall be or have been made, done or committed or be for ever barred and foreclosed from taking advantage of the same, it being intended and hereby agreed that such omission on the part of the said Governor and Company and their successors, whether arising from want of knowledge or from any other cause, shall be construed to be and shall operate as a dispensation or waver of such forfeiture.

Provided also, and it is hereby further agreed and declared between and by the parties to these presents and the said Governor and Company do hereby for themselves and their successors, give and grant unto the said Earl of Selkirk, his heirs and assigns and all and every the person and persons whomsoever claiming or deriving title by, from, through, or under him, them or any of them, as lessee or lessees, or otherwise, free liberty and license to convey any produce or Rupert's Land aforesaid, save and except the furs, skins of beavers and other animals of a wild and untamed nature, to Port Nelson, in Hudson's Bay, and to commit, send and consign the same to the Port of London, to be there deposited and lodged in the warehouses belonging to or to be from time to time appointed by the said Governor and Company and their successors.

And in like manner to import, bring and convey into the said land and territories called Rupert's Land any goods, wares, merchandizes or commodities of any kind, nature or description whatsoever as well, manufactured for the use, convenience and consumption of the persons being or residing within the limits of the land hereby granted and enfeoffed, or otherwise assured or expressed and intended so to be, and to sell, barter and exchange, or otherwise dispose of the same at his and their will and pleasure.

Nevertheless, it is further agreed that the said produce, goods, wares, merchandizes and commodities shall be conveyed to and from Port Nelson in shins or vessels, to be from time to time provided by the said Governor and Company and their successors, in pursuance of the covenant or agreement in that behalf hereinafter contained.

And also that the said Governor and Company and their successors shall and may claim and shall be paid and allowed by the owner or proprietor, owners or proprietors of the said produce, goods, wares, merchandizes and commodities, all charges as and for and in the nature of quayage, wharfage, warehouse room and commission for sale which shall be or constitute the average or ordinary price or prices in similar cases.

Together with such charge for freightage as shall at the time or respective times be paid or payable for vessels navigating between the Ports of London and Quebec, or at or for such rates of freight as vessels can or may be chartered between London and Hudson's Bay.

And the said Governor and Company shall and may also charge and shall be paid and allowed for the license hereby given and granted to and for the purposes hereinafter mentioned, as and in the nature of a custom or duty any sum not exceeding five pounds, for and upon every one hundred pounds in value, or amount of the produce, goods, wares, merchandizes and commodities, which shall or may be conveyed to or from Port Nelson aforesaid, and so in proportion for a less quantity in value or amount than one hundred pounds unless the same kind of produce, goods, wares, merchandizes and commodities shall be subject to a higher rate of duty or importation at Quebec, and then in cases of importation the said Governor and Company and their successors shall and may charge, and shall be paid and allowed at and after the same rate as shall be paid or payable at Quebec, such value or amount to be from time to time fixed and ascertained in all cases of imports by and upon the actual and bona fide invoice prices, and in all cases of exports by the net proceeds of sales at London.

And the said Governor and Company do hereby for themselves in their corporate, and not individual capacity and for their successors, covenant promise and agree to and with the said Earl of Selkirk, his heirs and assigns in manner following, that is to say;

That notwithstanding any act, deed, matter or thing whatsoever made, done, committed, permitted or suffered to the contrary by them the said Governor and Company, or by any person or parsons claiming or to claim by, from, through, under or in trust for them, they, the said Governor and Company now have in themselves. good right, full power and lawful and absolute authority by these presents to convey and assure the land, hereditaments and premises hereby granted and and enfeoffed, or otherwise assured or expressed and intended so to be, and every part and parcel of the same unto and to the use of the said Earl of Selkirk, his heirs and assigns, according to the true interest and meaning of these presents, and also that notwithstanding any such act, deed, matter or thing as aforesaid, it shall and may be lawful to and for the said Earl of Selkirk, his heirs and assigns, immediately after livery of seizure made and executed in pursuance of these presents, and from time to time and at all times thereafter peaceably and quietly to have hold, use, occupy, possess and enjoy the land, hereditaments and premises hereby granted and enfeoffed, or otherwise assured or expressed and intended so to be, and every part and parcel of the same and the rents, issues and profits thereof to have, receive and take for his and their own use and benefit without any let, suit, trouble, eviction, molestation, ejection, expulsion, interruption, hindrance or denial of from or by the said Governor and Company or their successors or any other person or persons lawfully or equitable claiming or to claim any estate, right, title, trust or interest at law or in equity of, in, to, out of or upon the said land, hereditaments and premises or any part or parts of the same by, from, through, under, or in trust for them, and that free and clear, and freely and clearly and absolutely, acquitted, exonerated, released and discharged or otherwise by the said Governor and Company and their successors at their own costs and charges, well and sufficiently protected, defended, saved harmless and. kept indemnified of, from and against all former and other gifts, grants, bargains, sales, leases, mortgages, jointures, uses, trusts, wills, intails, annuities, legacies, rent charge, rent seek, rent service, and all arrears of rent, and also of from and against all and all manner of fires, issues, seizures, amerciaments, statutes, recognizances, judgments, executions, extents, suits, decrees, debts of record, debts to the King's Majesty, or any one of his predecessors. sequestrations, debts, titles, troubles, liens, charges and incumbrances, at any time or times heretofore, and to be at any time or times and from time to time hereafter made, done or committed, occasioned, permitted or suffered by the said Governor and Company or their successors or any other person or persons rightfully claiming or to claim by, from, through, under, or in trust for them, or by their acts, means, default, consent, privity or procurements.

And moreover, that they the said Governor and Company and their successors, and all persons whomsoever lawfully or equitably claiming or to claim, by, from, through, under, or in trust for them any estate, right, title, trust, charge or interest of, in, to, or out of the land, hereditaments and premises hereby enfeoffed or otherwise assured or expressed and intended so to be, or any part or parcel of the same shall and will from time to time and at all times hereafter upon every reasonable request, and at the costs and charges in all things of the said Earl of Selkirk, his heirs and assigns make, do, acknowledge, suffer, execute, and perfect, or cause, or procure to be made, done, acknowledge, suffered, executed or perfected all such further and other lawful and reasonable acts, deeds, devices, conveyances, and assurances in the law whatsoever, either by common recovery or recoveries, deed or deeds enrolled or not enrolled, release confirmation or assurance whatsoever for the further, better, more perfectly and absolutely and satisfactorily conveying or assuring the said land, hereditaments and premises and every part and parcel thereof, unto and to the use of the said Earl of Selkirk, his heirs and assigns, subject to the power of appointment on the part of the said company, and to the conditions and provisoes hereinbefore contained, according to the true intent and meaning of these presents, as by the said Earl of Selkirk, his heirs or assigns, or his or their counsel in the law shall be reasonably devised or advised and required, so as further assurances or any of them shall not contain or imply any other or more general covenants or warranty on the part of the said Governor and Company than as for or against them and their successors in their corporate and not individual capacity, and on the part of any other person or persons who shall be required to make and execute the same than for the acts, deeds and defaults of himself or themselves respectively and his, her and their executors and administrators, and so as the person or persons who shall be required to make or execute such further assurances be not compelled or compellable for the making or doing thereof to go or travel above ten miles from his, her or their dwellings or places of abode.

And further that the said Governor and Company and their successors shah and will from time to time and all times here. after find and provide the said Earl of Selkirk, his heirs and assigns and all and every other person or persons whomsoever deriving title, by, from, through, or under him, them, or any of them, either as lessee or lessees or otherwise, and who shall be or become a settler or settlers upon or at Rupert's Land aforesaid, with good suitable and convenient ships or vessels, in order and to the intent that he, she or they, may in pursuance and under or by virtue of the license hereinbefore given and granted, convey such produce, goods, wares, merchandizes and commodities as aforesaid to and from Port Nelson aforesaid, and also, shall and will find and provide proper and suitable ware. houses, wharfs, quays and other places for housing and landing the same before, lading or after unlading thereof an being paid and allowed such price or rate of freightage and duty and such quayage, wharfage, and warehouseroom as afore said.

And in case the said Governor and Company and their successors shall neglect or fail to provide such ships or vessels, warehouses, wharfs, quays, and other places as aforesaid contrary to the true intent spirit and meaning of the covenant or agreement last aforesaid, then, and in such case it shall and may be lawful to and for such settler or settlers to convey such produce, goods, wares, merchandizes and commodities to and from Port Nelson aforesaid in ships or vessels belonging to them the said settler or settlers or any person or persons whomsoever (subject nevertheless to the payment of such customs or duties as aforesaid), and after and not before such settler or settlers shall have bound himself, herself or themselves, and his, her, and their Heirs, executors and administrators in a sufficient penalty, not to break bulk between the port of lading and the port of discharge, and he, she, or they shall not hereby be, or be deemed or taken to have infringed or violated any right, power, privilege, immunity, or franchise whatsoever belonging or appertaining to the said Governor and Company or their successors within the intent and meaning of any condition herein contained.

And also that the said Governor and Company and their successors shall and will stand possessed of and interested in all and singular the monies to be collected and raised far or in the nature of customs or duties under or by virtue of these presents, upon the trusts and to and for the intents and purposes hereinafter mentioned, that is to say;

In trust, that they the said Governor and Company and their successors do and shall from time to time and at all times hereafter pay and apply the same for and towards improving the communication by land or water from Part Nelson to Lake Winnipey, regulating and sustaining the police and civil government of the settlements or plantations within their own territories, making and erecting public courts, offices, places and buildings and for and towards all or any such other purposes as they the said Governor and Company and their successors shall or may think meet and proper and conducive to the well being of their said settlements and establishments in or at Rupert's Land aforesaid, or of the persons being settling and residing in or within the same.

And they the said Governor and Company and their successors shall and will from time to time account for such monies accordingly, it being the true intent and meaning of the said parties hereto that the said Company shall have the absolute control and expenditure of all and singular the monies arising as aforesaid, but that the same shall be considered as a fund to be employed for purposes of general benefit and improvement to their establishments and possessions in America, and not to be divided as an account of profit to the general proprietors of their stock.

1. Attached to this are copy of the certificate of the Hudson's Bay Company, she wing that peaceable possession of the lands described in their deed, was delivered to Miles Macdonell, Esq., Agent for Lord Selkirk, on the 4th September 1812, at the Forks of Red River.

2. Copy of the declaration of Thomas Aspinwall, Consul for the United States of America far London and the dependencies, dated 24th April 1889, that to all acts done, full faith and credit are and ought to be given in judicature and thereout.

Page revised: 22 May 2010

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