Friday, June 26, 2020

Getting the Land Grant and getting possession


The settlement of York, as everywhere in Upper Canada, were very welcoming to new arrivals, and would help them with accommodations and food to help them get settled.  If a settler had family already in Upper Canada they would  often go and stay with them, and settle nearby, otherwise they'd get help from any other settler in the area where they wanted to settle.  At times the military barracks in York would offer shelter to new arrivals especially if they arrived too late in the year to start clearing their land and building a shelter.  If the weather was fine, the new arrival might just put up a lean to and roll out their pallet, after all, having just spent 12 nights on a Durham boat sleeping in the open, either on the boat or on the shore at night, then walking from Kingston camping along the way, what's a little more camping until you can get a basic shanty built.

Not only were the other settlers helpful, the Crown was also helpful.  The Crown wanted Upper Canada built up with settlers, especially those with military experience.  After the fiasco of the War of 1812, England wanted to make sure. We don't know if James came on his own, or if William came with him to help him get started.  We don't know where he would have stayed until he got his land grant, but to get his land grant and find out where it was, he had to go through some red tape.  As a soldier his land grant was assured, but he still had to deal with some bureaucracy first.

All land claims for Upper Canada in 1816, had to be registered in person in the town of York, which made for difficulties if you didn't plan on settling near York, especially since it meant another trip to York to finalize the claim 5 years later.  The petition had to be made in writing and delivered personally.  From all the research I've done, I haven't discovered yet, if this was a one day chore, or if it took several days, because the applicant had to visit 12 offices to get the paperwork finalized. The petition had to be accompanied with proof of age (had to be 18), a character reference, or in the case of a soldier his discharge papers, as well as a certificate of oath taking, obtained either from the Land District Board, or a local magistrate, proving having made an oath of loyalty to the Crown.  The petition has to first be taken to the Receiver General and  3 pound 10 sterling is paid for the patent and survey fee.  With receipt in hand then the paperwork needs to be taken to the Clerk of the Council, who submits the order and receipt to the Attorney General who issues a warrant for the lot to be assigned.  Then back to the Clerk for a license of occupation; then to the Surveyor General who assigns a lot, or agrees to the lot you've chosen, and issues a location certificate.  Then the certificate, the AGs warrant, the license now go to the Secretary of the Province to draw up the patent.  After that, it all goes back to the Attorney General for examination, and if all is in order it goes to the Lieutenant General for signature.  Once signed it's returned to the Civil Secretary for the seal of the province, and to the Auditor of Land Patents to be entered on the books,  and the Auditor transmits the patent to the Provincial Registrars office, so it could be entered into the provincial register.  Then and only then would the patent for the land be issued with a list of settlement duties to be done over the next 5 years, after which time having completed the duties, the registrant would come back and with proofs of settlement and development pay another 2 pound 10 sterling for completion of the patent at which point ownership of the land was secure.  From what I understand the patent could be received in 3 years, provided all the conditions were met, and the surveyor had come back out and approved everything.

Now the settler had to find the lot through what was dense forest.  Forest so thick that in daylight under the trees was like twilight.  The lots and concessions had been laid out, but there were no roads.  A surveyor would show the way to the lot as there had to be a precise survey with the boundaries clearly established as part of the settlement agreement, and without a guide it's doubtful the settler would ever find the lot.  

I imagine that on the way to the lot, the surveyor would point out where the nearest neighbors were, but if not, he'd want to find them quick.  Knowing the neighbors and working with the neighbors was key to survival.  The neighbors would provide shelter until the settler had shelter of his own, and would provide advice and help of every sort.  In turn, the new settler would do the same for others.

James Gray did have some neighbors within a mile or two, so he wasn't completely isolated, though I'm sure it felt like it from time to time, though that would not last long; if brother William wasn't with him already, he would be soon enough, as would Alexander, with George and John not far behind.

The order in which the settlement agreement was fulfilled was up to the settler, but suggestions were laid out that were quite practical and if followed would ensure success.   Suggestions were made complete down to all the recommended tools the settler would need to purchase, what crops to grow, and how many acres of each crop to plant.   

Getting your tools and other goods required was all done by the barter system.  The settler would get what was needed on account  with a trader and in turn would pay in crops and potash.  Wood was so plentiful that other than what a settler needed for their own use for heating, cooking and construction, it would be burned.  The ash would be boiled down for potash, which was taken to the trader and shipped off to England for use in fertilizer.   It was a good system for the settlers.  There was so much wood that there was not enough use for it.   It's hard to imagine today that there was so much wood that unless it could be floated down the rivers and out the St Lawrence that it had no value.  The forests started at the lake and went on endlessly.  The logging companies had already scouted through and selected their areas for logging where there was a river nearby that would allow them to get the logs out in spring flood, and that was the lumber that was of value.

Step one in survival, the first priority was to clear an acre, get it burnt off, and build a shanty.  Think of it as the settler starter home.  The shanty was a very basic log cabin, a log box with a door, 18 feet by 20 feet with a log roof.  The roof logs were hollowed out and a row placed hollow sided up, and then another row on top hollow side down overlapping the upper edges of the log below, which kept out the weather.   Later a proper log house would be built, but this was basic shelter with a fire place at one end.   A work bee made up of the closest neighbors would have the shanty built by 8 men in 1 day.  Nobody ever refused going to a work bee, whether it was for clearing land, building a log cabin, raising a barn, bringing in crops, because doing it for your neighbor was like doing it for yourself.  The offer of food and whisky after the work was done, never hurt either.




Part of the settlement agreement was the development of the settlers half of the road along the front of the lot.  There were few roads at this time, just Yonge Street, Kingston Road and a few others, plus some town roads in the town of York, which was about 10 square blocks.   Road development depended on the settlers.  The settler had to remove all the timber and underbrush making a 10 foot wide swath as mapped out by the surveyors, cut the stumps low enough that a wagon could pass over, then sow with grass seed.  If the area was marshy, then planks or logs would be laid over the wet areas to build a level surface.  As you can imagine though, if you didn't have any neighbors your length of road will not be attached to anything until somebody settles the lot next to you.















No comments:

Post a Comment

Importance of the Church

For the settlers their Christian faith was strong and the church was very important to them. Part of getting a land grant involved proving t...