MS658 Reel 412 Township papers E Lot 9 Con 5 Ramsay page 000643

I hereby certify that at the request of William Smith I have inspected the North East half of the number 9 in the 5th Concession of the township of Ramsay in the county of Lanark. A Clergy Reserve--

That the said half Lot contains about 22 Acres of high land-- about 12 Acres of which is excellent land-- the other 10 Acres is light land and very stony.--- The remaining 78 Acres is low swamp of little value. 20 Acres of it is in fact to all intents and purposes worthless-- being something between a cranberry marsh and Tamarack swamp without any timber upon it save some scattering Tamarack underwood. It is worth Five shillings and six pence per acre for the whole half Lot, which is its utmost value.

The history of this half Lot may be stated as follows. In the spring and summer of 1841 or 1842, I think it must have been in 1842, Andrew Smith who owned and resided upon the adjoining half Lot-the North East of Lot Number 10-- cleared, cropped and fenced between 3 and 4 Acres of it, and improved more or less upon it from year to year till 1848 when the whole quantity cleared was about 13 Acres--which is well fenced and under grass, this is the whole of the improvements upon it.-----

In the Summer of 1848 Andrew Smith died leaving a wife, 4 sons and 2 Daughters alive. The eldest son David had then been residing in the United States about Five years, where with his family he yet resides. The second son John was married the year previous to his Father's death and resided in the neighbourhood of the place in question upon his own land--but is now in California, having left his family here. The third eldest son alive, James and the youngest, William, the present occupant of the land in question, were residing with their father at the time of his death. And the father, by his will, which I have been shown by one of the executors, bequeathed to one of his daughters, who is married, one cow-- to each of the two eldest sons, one shilling, to William, the present applicant 20.0.0 and to James all the rest of his property real and personal, under the express conditions that he, James, should during their lifetime, clothe and maintain his mother and sister Mary who will always be dependent upon the family for support. James fulfilled the conditions of his father's will till a short time after his marriage which was in February 1850---- his mother and sister continued residing at the homestead with him till the Fall after his marriage when owing to unkind treatment they were obliged to leave him, and he, at the insistence of the executors agreed to pay his mother 7.0.0 per annum in lieu of support-- In the spring of 1851 William, who is yet unmarried, undertook the care of his Mother and sister--they resided with him at a temporary residence till the spring of 1852, at which time James had sold all the personal property his father had left amounting to upwards of 100 and had also affected a sale of the Land, having only paid the yearly sum for one year to his mother, being 7 and had Left the place for the Western part of the Province.

As the executors had not informed themselves as to their duty, the mother took legal advice in the matter and resumed the homestead against the purchaser who upon ascertaining the facts of the case, made a conveyance of the land to the present applicant William, for the sum of twenty-five pounds which was the amount of the first payment to James, and all he ever received upon it. William has resided upon the homestead ever since, providing for his Mother and his sister, which at the instance? of the executors at the time he received the deed to the Farm, he was bound to do.---

I saw his Mother and Sister who are grateful to him for his care and kindness. And his Mother told me that it was her particular wish that William should have the Clergy Lot in question.

These facts I have ascertained from one of the executors and several of the immediate neighbours who are very respectable persons and I think they may be implicitly relied upon. And I may further say that I do not think any other member of the family ever intended purchasing the Clergy Land since their father's death.

Ramsay, 20th May 1854             Joseph M. O. Cromwell P.L. Surveyor