Name: Vanvolkenburgh, David
Place: Haldimand
Year: 1843
Volume: 518
Bundle: V 2
Petition: 7
Microfilm: C-2949
Reference: RG 1 L 3

scan0577-0587

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Library and Archives Canada microfilm image p. 365

0577

To His Excellency Sir Charles Theophilus Metcalfe K.C.B. Governor General in and over the Provinces of Canada, Nova Scotia, New Brunswick and the Island of Prince Edward, etc. etc. etc.

The petition of David Van Volkenburgh of the township of Murray in the Newcastle District of the Province of Canada West

Humbly sheweth

That your Petitioner's claim to Lot No. 20 in the 7th Concession of the township of Haldimand has been allowed by the Honorable the "Commissioners" under the "heir and devisee act".

That your petitioner's father Jacob Van Volkenburgh located the said lot many years since as appears by the Surveyor General's report and that it only wants an "order in Council" co cover such location.

Your petitioner therefore prays that your Excellency will be pleased to order that the patent from the Crown (as allowed by the commissioners) may

issue

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Library and Archives Canada microfilm image p. 366

0578

issue in the name of your petitioner and that as soon as the patent from the Crown does issue, the said Lot of land shall be located and improved.

And your petitioner will ever pray.

[signed] David Vn. Volkenburgh

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Library and Archives Canada microfilm image p. 367

0579

In Committee 3rd Jany. 1844

The Committee do not recommend the prayer of the petition, the lot is reported "unoccupied & unimproved" and has since by order in Council of the 8th Nov. 1843 been declared forfeited. Besides there is no authority from the ?eation?

Confirmed in Council
8th same month

[signatures]

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Library and Archives Canada microfilm image p. 368

0580

Petition V 2 No 7

Petition of David Vanvolkenburgh

Praying for a Patent of No. 20 in 7 Con of Haldimand

S.G.O. Sep. 10/43 No. 29 V.

Referred to the Surveyor General who will please report on the matter.

C.C.O.

9 Sept. 1843

[signatures]

Referred to the Hon.ble Executive Council
By Command

[signature]

Rect. 4 Sept. 1843

[on the right side]

Lot Number Twenty in the 7th Concession of the Township of Haldimand was entered many years since on the ??? Plan in the name of David Vanvolkenburgh but no Order in Council appears to cover the location therefore it was included in the Schedule of unpatented lands published 4th April 1839 remained unclaimed and was reported by the Inspector unoccupied & unimproved.

Reforum? is requested to the reports from this

[on left side]

office of the 11th July 1843 for the information of the Hon.ble Comissioners under the Heirs & Devisee Act on the Claim of David Vanvolkenburgh.

For the Surveyor General

[signed] Wm. Spragge

S.G.O. 16th Sept 1843

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Library and Archives Canada microfilm image p. 369

0581

Newcastle? District
To Wit?

David Vanvolkenburgh of the Township of Murray in the Newcastle District, Yeoman, make oath and saith that he is the claimant to Lot Number Twenty in the seventh Concession of the Township of Haldimand as eldest son and heir at law of Jacob Vanvolkenburgh the ???? of the Crown that he is not aware of any adverse or other claim or title existing ? ??? ??? on the said claim on the part of any person or persons ??? and that he the deponent ?? ?? his claim thereto is agreeable? and correct? and that the said persons are to the best of the deponent's knowledge and belief unoccupied and without improvement.

Sworn before me at Murray the first day of July 1843

[signed] David Vn. Volkenburgh

[signature]
A Commissioner for the taking affidavits - Queen's Guards?

[signature]

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Library and Archives Canada microfilm image p. 370

0582

Newcastle District
To Wit?

Cyrus G. Richmond of the Township of Murray in the Newcastle District, Yeoman, and Daniel Ryckman of the same place, Yeoman, severally? make oath and say and first? this refinment? Cyrus G. Richmond for himself saith that he was personally acquainted with Jacob Vanvolkenburgh formerly of Brockville in the Johnstown? District and latterly of the Township of Murray in the Newcastle District an United Empire Loyalist in this lifetime? and that the said Jacob Vanvolkenburgh died intestate? at the Township of Murray aforesaid about fifteen years ago and first?? that David Vanvolkenburgh now of the said Township of Murray Yeoman is the Eldest son and heir at law of the said Jacob Vanvolkenburgh deceased and this deponent Daniel Ryckman for himself saith that he was personally acquainted with the said Jacob Vanvolkenburgh of Brockville as aforesaid and latterly of the Township of Murray aforesaid an United Empire Loyalist in his life time, now deceased and that he died intestate? and that David Vanvolkenburgh now of Murray aforesaid is the Eldest son and heir at law of the said Jacob Vanvolkenburgh deceased.

[signed] Cyrus C. Richmond
[signed] Daniel Ryckman

Sworn at the Township of Murray in the Newcastle District this 17th day of June 1843 before me,

[signed] J. Robertson
A commissioner in the Queen's Bench? for Newcastle District

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Library and Archives Canada microfilm image p. 371

0583

Affidavit of Cyrus C. Richmond and Daniel Ryckman

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Library and Archives Canada microfilm image p. 372

0584

A ??? in the Surveyor General's Office
Kingston 11th July 1843

I certify that Lot Number Twenty in the 7th Concession of the Township of Haldimand was entered? many years since? on the Office Plan in the name of Jacob Vanvolkenburgh but no Order in Council is filed in this Office to cover the location thereof. It was included? in the Schedule of unpatented lands published 4th April 1839 Remains unclaimed and is reported by the District Inspector unoccupied & unimproved.

[signed] Thomas Parke
Surv. Genl.

To The Hon.ble
The Commissioners etc etc etc

declared forfeited under O.C. 8 Nov 1843

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Library and Archives Canada microfilm image p. 373

0585

Newcastle
To Wit:

I do hereby certify, that the annexed Notice of Land Claim, has been up in the Clerk of the Peace Office in and for the District of Newcastle for the space of Thirty days to wit, from the Twenty-fourth day of May 1843 until the day of the date hereof. The claim of David Van Volkenburgh for Lot No. 20 in the Seventh? Concession of Haldimand?

Clerk of the Peace Office, this Twenty-fourth? day of June 1843.

[signature]
Clerk of the Peace

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Library and Archives Canada microfilm image p. 374

0586

Notice is hereby given that at the next sitting of the Commissioners under the Heir and Devisee Act, David Vanvolkenburgh of the Township of Murray in the Newcastle District, Yeoman, will claim Lot number twenty in the Seventh Concession of the Township of Haldimand as the Eldest son and Heir at Law of Jacob Vanvolkenburgh deceased the Province? of the Crown.

Dated 19 May 1843

[signed] David Vn. Volkenburgh
[signed] Andrew Deacon, agent

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Library and Archives Canada microfilm image p. 375

0587

Notice

David VanVolkenburgh.
Received from James Henderson? Esq.
8 July 1843
[signatures]

Allowed July? out? to adjudication of Executive Council on original Location.

[signature]

14 July 1843

See W. Sullivan's Minutes No. 3