ordinary legal remedies when wrongs are committed upon them; that although various persons from Richibucto and other places, without right, and in no way connected with the lands in question, come and occupy them, or at least repeatedly cut and carry the best of the lumber, wood, and other trees growing upon the lands, and required for the immediate and necessary wants of the occupants, the petitioners have no legal power to prevent or punish them; that the petitioners are consequently suffering great injury arising from the extraordinary character of the Grant referred to, so issued by the Government without any apportionment or designation into lots by plan or otherwise, agreeably to the intention and wording of the aforesaid application, to enable the intermediate boundaries to be run, as was usual and essential in such cases, at the time such Grant issued; and praying that their unfortunate situation may be taken into account and some provision made for dividing the lands and remedying the grievances therein complained of, or that such other relief may be afforded to them as to right and justice may belong, Report-Your Committee having taken the circumstances of the case into their consideration, recommend that the Government should appoint during the ensuing summer a competent person from the indoor establishment of the Crown Land Office, to investigate the matters set forth in said petition, and the situation of land and the parties living thereon, and report for the information of this House at the next Session, and that Government pay his necessary expenses, and this House will make provision for the same, and that the House do address His Excellency to carry out this Report. } Committee Room, 26th April, 1851. J W. J. RITCHIE. In pursuance of which Report the said House voted an Address to His Excellency the Lieutenant Governor, of which the following is a copy, that is to say :-"Resolved, That a copy of the Report of the Committee on the Petition of Olivier Richard and others, French inhabitants at Richibucto, as regards the defining of the bounds of an ancient Grant under which they hold their titles, be communicated to His Excellency the Lieutenant Governor; and that an humble Address be presented to His Excellency, praying that His Excellency will be pleased to cause the recommendation therein contained to be carried into effect:" And whereas in pursuance of such Address, His Excellency the Lieutenant Governor in Council, on the fourth day of October in the year of our Lord one thousand eight hundred and fifty one, appointed the Honorable James Davidson to investigate the matters set forth in the said Report of the said Select Committee, the situation of the lands, and to report the names of the respective parties living thereon, with their respective localities: And whereas in pursuance of such appointment the said James Davidson has attended to the duties thereby in him reposed, and has made a report of his doings to His Excellency the Lieutenant Governor, which has been laid before the House of Assembly, together with Schedules A and B and the plan therein referred to, of which Report and Schedules the following are copies :- "Miramichi, January 20th, 1852. "SIR,-In pursuance of your communication of the 4th August last, I proceeded to Richibucto on the 11th October, when I called a meeting of the inhabitants interested in the Grant. On examination, I found it impossible to trace the respective claims by heirship, from their intermarriages, &c. After considerable conversation with them, I considered that the only thing I could do was to make a correct survey and plan of the whole Grant, agreeably to the way they had themselves divided and continued to occupy it for several years. It appears that two tracts of land were granted to these people in the year 1793, and the second tract in the said grant, which is the land in question, was granted to Pierre Richard and fifteen others jointly. The original proprietors divided the land among themselves, as well the woodland as the plot of ground on which they then settled, and is now called the Village. The second generation made another division, and it has since been sub-divided as they increased, until they arrived at the strange figures represented on the plan herewith sent. I suggested to them the propriety of having the land laid off in something like regular lots, or as much so as possibly could be done under the circumstances, but they objected to make the least deviation from their present possessions. All the persons named in the Schedule attached to the plan are those at present in possession, and are the descendants of the original grantees, persons and their descendants, who have married heirs, and a few who have purchased, but they appear to be all perfectly satisfied that the present occupants are the sole and only owners, agreeably to the manner in which it has been surveyed. The possessors are altogether of French descent, with one exception, Henry Peters, who occupies a lot purchased from the original owners, (for the purpose of building a grist mill) by Thomas Atkinson, his father-in-law, who died last December at the advanced age of ninety five years, and left this property by deed to the said Henry Peters and his wife. A few of the heirs have left Richibucto and gone to Prince Edward Island and other places, but I was informed by all those remaining, that all those persons have sold their respective shares prior to their leaving. The proprietors then stated to me that they would give any price to any of those interested in the grant who was determined to sell, rather than that he would sell it to a stranger, as they were determined not to sell any part of it to any person but to some of those interested, until they got the matter settled, and that then each would be master of his own and could do as he pleased with it. As relates to the Marshes, I found the divisions so small that it was impossible to mark the separate lots on a plan; in many instances the Marsh lots are not sixty links wide; I therefore surveyed the whole of the Marshes, and distinguished them separately from the Upland on the plan. There will be no difficulty about the Marsh, as each party has his lot well marked off, and continues to occupy it without any interference. I was very careful in taking down the names of the respective occupants, to ascertain the proportion belonging to each, as will be seen on reference to the Schedule attached to the plan; and from the best information I could get, I think the present occupants are the only and sole owners, agreeably to the different proportions mentioned in the said Schedule. When I went to Richibucto and ascertained what was to be done, I found that I could not spare so much time as it would require to complete the whole myself, I therefore employed Peter Muserol, the Deputy Surveyor of that district, to assist me, who was with me the whole time, and I found him well qualified for the duties he had to perform. Agreeably to your instructions, I send herewith my Account for this service, which I trust will be satisfactory, and I will only add that I spared no pains to obtain the best possible information. I have the honor to be Sir, Your most obedient servant, Honorable John R. Partelow, JAS. DAVIDSON. Provincial Secretary, Fredericton." A "SCHEDULE containing the names of the possessors of the Grant to Pierre Richard and fifteen others at Richibucto, with the number of each Lot as represented on the Plan:No. 1. Dominic Richard, Jno. Babineau, Damas Richard, and Jos. Allen ;-2. Dominic Richard;-3. John Babineau; -4. Dominic Richard ;-5. John Babineau ;-6. Damas Richard ;-7. Joseph Allen;-8. Damas Richard;-9. Dominic Richard, Jno. Babineau, Damas Richard, and Joseph Allen; -10. John Babineau ;-11. Damas Richard ;-12. John Babineau ;-13. Joseph Allen ;-17. John Babineau ;-18. Damas Richard ;-19. John Joseph Richard;-20. Dominic Richard, Jno. Babino, Damas Richard, and Joseph Allen ;21. Henry Peters and Roina Peters his wife;-22. Henry Peters, 1-3; Maxime Daigle, Luke Daigle, Simon Hebert, Fabian Richard, Simon Richard, Oliver Richard, one equal share of the remaining 2-3 ;—23. Eustache Thibideau, 3-4; and Laurent Thibideau, 1-4 ;-24. Eustache Thibideau, 1-4; Urban Richard, 1-2; Simon Bazil Richard, 1-8; John Louis Babineau, Susan Richard, Teressa Richard, Julie Richard, Isabella Richard, 1-8 among them;-25. John Maillet, 1-2; John B. M'Kay and Pierre Maillet, 1-4 each ;-26. Urban Richard, Susan Breau, Mary Maillet, 1-3 each ;-27. Oliver Richard, Martin Richard, Francis Richard, Michel Richard, Mary Richard, Isabella Bourke, (formerly Richard), Eulilie Richard, Helen Breau, (formerly Richard), Margaret Richard, 1-10 each; Bridget and Oriet Richard, 1-20 each;-28. Raymond Richard ;-29. Little John Richard ;-30. Simon Babineau ;-31. Jaque Richard;-32. Fidelle Cassey ;-33. Simon Bazil Richard, 1-2; John Louis Babineau, Susan Richard, Teressa Richard, Julie Richard, Isabella Richard, the other half among them ;-34. Lamant Maillet;-35. John Joseph Richard ;-36. John Maillet, 1-3; Pierre Maillet, 1-3; John B. M'Kay, 1-3;-37. Eustache Thibideau, 3-4; Laurent Thibideau, 1-4;-38. Mary Gallon, (formerly Bennet);—39. Eustache Thibideau ;-40. Urban Richard, Susan Breau, (formerly Richard), and Mary Maillet, (formerly Richard) ;— 41. Maxim Daigle and Luke Daigle ;—42. John Maillet, 2-7; Urban Richard, 2-7; John B. M'Kay, 1-7; Peter Maillet, 1-7; John Louie Babineau, Susan Richard, Teressa Richard, Julia Richard, Isabella Richard, 1-14 among them; and Simon Bazil Richard, 1-14;-43. Eustache Thibideau, 3-4; Laurent Thibideau, 1-4;-44. Urban Richard, 2-3; Susan Breau, (formerly Richard), 1-3;-45. Mary Babineau, (formerly Maillet), and Gertrude Cassey, (formerly Richard);—46. John Maillet, 1-4; Urban Richard, 1-4; Pierre Maillet, 1-8; and John B. McKay, 1-8;-47. Urban Richard, 3-7; Martin Richard, 1-7; Eustache Thibideau, 3-7;-48. Simon Bazil Richard, 1-2; John Louis Babineau, Susan Richard, Teressa Richard, Julie Richard, Isabella Richard, one half among them, being children of Mary Richard ;-49. Raymond Richard;-50. Little John Richard;-51. Oliver Richard, Martin Richard, Francis Richard, Michel Richard, Mary Richard, Isabella Bourke, (formerly Richard), Eulilie Richard, Helen Breau, (formerly Richard), Margaret Richard, 1-10 each; Bridget and Oriet Richard, 1-20 each ;-52. Sylvan Cassey; -53. John Joseph Richard ;-54. Sylvan Cassey ;-55. Maxim Daigle and Luke Daigle ;-56. Little John Richard; -57. Raymond Richard ;-58. Simon Bazil Richard, 1-2; John Louie Babineau, Susan Richard, Teressa Richard, Julia Richard, Isabella Richard, one half among them;-59. Urban Richard, 3-7; Martin Richard, 1-7; Eustache Thibideau, 3-7;-60. John Maillet, 1-2; John B. M Kay, 1-4; Peter Maillet, 1-4;-61. Urban Richard, 1-2; Susan Breau, (formerly Richard), 1-2;-62. Eustache Thibideau, 3-4; Laurent Thibideau, 1-4;-63. Eustache Thibideau, 3-4; Laurent Thibideau, 1-4;-64. Eustache Thibideau, 3-4; Laurent Thibideau, 1-4;-65. Urban Richard and Susan Breau, (formerly Richard, 1-2 each;-66. John Maillet, 1-2; John B. M'Kay, 1-4; Peter Maillet, 1-4;-67. Urban Richard, 3-7; Martin Richard, 1-7; Eustache Thibideau, 3-7;-68. Simon |