This database
is an index to the 5184 case files that document claims made to
the second Heir and Devisee Commission.
Search Help
You can enter a search term one or more fields in the search form:
- Last Name
- First
Name
- Township
or Town
- Year
(i.e. the year the case file was begun)
Please keep
in mind that the spelling of names can vary. Try different spellings
or use * to "truncate" your search term. For example,
entering Fred* will return Fred, Fredrick, Frederick etc.
Search Results:
Brief
Search Results
After a search,
you will be presented with a summary list of the "hits"
for your search. You can click on a Last Name to go to the full
results, or use the click boxes on the left to choose a number
of results.
Detailed
Search Results
Detailed
search results will provide you with information about a particular
case file: the name or names of the applicant, the township or
town, the year of application and the case file number.
One you have
identified case files that interest you, you may:
- consult
the reel or reels of microfilm at the Archives of Ontario in
Toronto
- borrow
the reel or reels of film through your local library using Interlibrary
Loan
- borrow
the reel or reels of film from a Family History Centre of the
Church of Jesus Christ Latter Days Saints (note the different
microfilm reel number)
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About the Second Heir
and Devisee Commission case files
These 5184 case files, which date from 1804 to 1895, document claims for
land made to the Second Heir and Devisee Commission.
Each case
file may include some or all of the following documentation:
- Copies
of searches conducted by the Surveyor General's and, later,
the Crown Lands Department, and sent to the Commission recording:
whether a location had been made for the land in question and,
if so, the name of the individual to whom the land was located
and when the location was made; the justification for the location
(e.g., an order-in-council); background information relating
to the location; whether the land had been described for a patent;
whether settlement requirements had been met. Files also may
include copies of location tickets;
- Notices
signifying the intent of claimants to pursue a claim before
the Commission, as well as affidavits from the local Clerk of
the Peace attesting that the notice had been publicly read and
proclaimed in the Court of General Quarter Sessions and had
been displayed in the office of the clerk;
- Lists
of documents compiled and submitted relating to the claim, as
well as affidavits submitted by claimants and supporting affidavits
from witnesses;
- Copies
of relevant indentures assigning interest in the land in question,
as well as original wills and copies of wills assigning interest
in land to heirs;
- Affidavits
from Land Registrars attesting to the fact that the indentures,
memorials and wills in question had been registered, as well
as incoming correspondence received by the Commission from claimants,
trustees, solicitors, and other interested parties;
- Copies
of receipts issued by the Crown Lands Department documenting
the payment of instalments on sales as well as reports from
land agents relating to the claim in question, and maps showing
the land claimed.
- Some files
include family trees. Documents within the files can
contain genealogical information concerning the background of
both the original locatee and of the claimant, their occupation,
and family connections.
The case
files do not contain information outlining the decision of the
Commission regarding the application.
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About the second
Heir and Devisee Commission, 1805-1911
The second Heir and Devisee Commission was responsible
hearing and determining claims to land brought forward by the
heirs, devisees, or assignees of original nominees.
The second Commission was established by legislation
in 1805, essentially continuing the functions of the first Heir
and Devisee Commission that existed from 1797-1805.
Whereas the first Heir and Devisee Commission
heard claims to land made by original nominees, their heirs devisees
or assignees, the second Commission was confined to claims made
solely by heirs, devisees or assignees; since a majority of the
original nominees had either died or had left the country. Those
original nominees still living in Upper Canada were allowed to
apply directly to the Surveyor General for their patents.
The second Commission was also more centralized, with sittings
generally taking place in the Executive Council Chamber of the
Court House in the Town of York. Sittings were originally held
for ten days in March and in June, but were later confined to
fifteen days in July.
Appointments to the Commission were made by the
Lieutenant Governor from members of the Executive Council and
the Court of King's Bench, with the Chief Justice being an ex
officio member. Three Commissioners, of whom one had to be a judge,
formed a quorum; six constituted a full tribunal. Decision was
by a majority vote of the Commissioners present.
At the first meeting in 1805, John Beikie, Deputy Clerk of the
Executive Council, was appointed Clerk to the Commission.
The last meeting of the Commissioners occurred
in January 1896. The Commission, however, was not formally abolished
until 1911 by the Ontario Act.
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