Belding Application for Crown Grant 1819

 

Microfilm of the Documentation herein is at

Provincial Archives of New Brunswick (PANB) in Fredericton

 

When Daniel Belding and his son Samuel filed their petition for the crown grant on lots 25, 26, 27 and 28 at Chance Harbour, two opposing claims were made and the Lieutenant – Governor’s Council (Cabinet really) dealt with those two claims first through committee hearings where parties, including Ward Chipman Jr as Counsel for Daniel and his son, Samuel Belding, and maybe even from them personally since they went to Fredericton to attend the hearings. The committee then made it recommendation to a meeting of the full Legislative Council which ultimately recommended or denied such applications. If recommended, the Lt – Governor would sign the Crown Grant of the land, a written document on parchment with the Great Seal of New Brunswick impressed upon red wax beside the Lt-Gov’s signature. This Crown Grant or a copy thereof was then registered in the St John Registry Office currently located on King Square North.

 

No doubt the legal fees Daniel Belding paid to the lawyer, Ward Chipman, Jr to arrange for this application to be moved along in his favour exceeded the Ł 30 he paid Charity French for the property. The endorsement of the Legislative Council was ‘Recommended’ in the end result with one of the signatures affixed thereto as is custom appearing to be that of “WC” or Ward Chipman, Sr, then Attorney General and Member of the Legislative Council of the Province of New Brunswick.

 

Here begins the fair copy of the documents available for public view at the NB Archives in Fredericton.

 

 

 

Decision of Lt-Gov’s Council (NB Cabinet) Committee re Counterclaim of Hugh McDougal:

 

Hugh McDougal – I note that lot No 26 is in an uncultivated and wilderness state having no improvements thereon.

 

25th of June 1819 –

 

Recommended not exceeding 200 acres

 

Confirmed in Council 29th June ‘19

 

(Note: This was a 200 acre grant elsewhere – not part of lot 26)

 

Decision of Council’s Committee re Counterclaim of David Conachar

 

David Conachar – states that there is a Tract of vacant undelineated land lying to the westerly of land granted to James Price partly on the Bay of Fundy, and extending from Musquash to Dipper Harbour some of which lots have been granted – and asks a grant of lots 27 and 28 at Little Dipper Harbour containing 326 acres – but carefully avoids saying whether they have  or have not be improved

 

Asks a grant of the lots No 27 and 28 at Little Dipper Harbour, containing 326 acres – but carefully avoids saying whether they have or have not been improved

 

It was recommended on the 26th of April last for 200 acres and confirmed the 14th of May following.

 

(Note: This was a 200 acre grant elsewhere – not part of lot 27 or 28)

 

The Belding Petition

 

To His Excellency Major General George Strang Smyth Lieutenant Governor and General in Chief of the Province of New Brunswick

 

The Petition of Daniel Belding and Samuel Belding of Little Dipper Harbour in the Parish of Lancaster in the County of Saint John,

 

Humbly Shewith

 

That your Petitioner Daniel Belding is a loyal Refugee born in the now United States of America and came
to this Province at the peace of 1783. That he is married and has five children, one of whom is the other Petitioner Samuel Belding . That the said Samuel Belding is twenty one years of age and is unmarried and that neither of your Petitioners have ever had any grant or allotment from the Crown in this Province. That they have resided for the last fourteen years at Little Dipper Harbour aforesaid on lands which your Petitioner Daniel Belding purchased from one Charity French and paid him thirty pounds therefore under a supposition that the said lands had been granted by the Crown and that the said Charity French had a good right to convey the same as having himself purchased from the original grantees. That the said lands consists of lots No 25, 26, & 27 which your Petitioners find have never been granted by the Crown. That the said lands were in a wilderness state when your Petitioner Daniel Belding went upon them and the he has built thereon a dwelling house, barn and several outhouses, has now cleared and improved about forty acres and has now a considerable stock thereupon. That your petitioners are also desirous to cultivate and improve lot no 28 adjoining the lots above mentioned according to the Royal Instructions. That your Petitioners have not directly or indirectly bargained or agreed for the transfer of the said lots or any of them but wish to remain resident on the same and cultivate and improve them for their own use and the support of their family. Your Petitioners therefore humbly pray that your Excellency may be pleased to take the foregoing enumerated stands with gracious consideration, and to direct a grant to pass to your Petitioner of the land lots 25, 26, 27, and 28 at Little Dipper Harbour aforesaid in such manner and form as to your Excellency may seem fit

And as in duty bound

Will ever pray

 

“Daniel Belding”

 

“Samuel Belding”

 

On the twenty seventh day of July in the year of our Lord one thousand eight hundred and nineteen before me Ward Chipman Junior Esquire one of His Majesty’s Justices of the Peace for the City & County of Saint John personally appeared the above named petitioners Samuel Belding and Daniel Belding and severally made oath that the matters and things set forth in the said petition are just & true.

 

“Ward Chipman jr J.P.”

 

Surveyor General’s Certificate

 

The lot No 26 was applied for 19th of April by Hugh McDougald, the lots No 27 and 28 were applied for 6th March 1819 by Donald Conachar  –  the lot No 25 is vacant and contains 196 acres.

August 9th 1819

 

“signature”

 

Surveyor General

 

 

After the final hearing by Committee of Council on August 9, 1819 at Fredericton at which the Committee may have heard orally from Daniel Belding – he was certainly present - in answer to any questions the Committee had, Lots 25, 26, 27 and 28 were granted to Daniel and Samuel Belding by order in council granted by the Legislative Council at its meeting on September 22, 1819. These matters are noted on a blue backer attached to the Petition identifying the applicants.

 


This is a photocopy from the microfilm being the back sheet of blue buff heavy paper coloured originally in roughly the shade shown here. On this ‘backer’, the name of the applicants and the endorsements of first the committee of Council that hears the submission, and then finally the endorsement of the full Committee which approves same for a grant to be prepared, signed by the Lt Gov and the Clerk of Council, Sealed and delivered to Daniel and Samuel Belding. The written parts in three boxes created off the microfilm show the endorsement are:

 

Top Box: ‘Daniel Belding and Son Application’

 

Middle Box: ‘22nd September 1819 Recommended “WC” “JR” “WB”

 

Bottom Box: 9th August 1819 “Unreadable Initials”

 

If there was no bottom endorsement by the committee chairman at the meeting where the application was heard, it would not be granted at full council meeting – a closed door meeting. That’s the approval at the bottom of the document. In the middle is the endorsement of the full council’s approval at their meeting of 22 Sep 1819 and the chairman that meeting appears to be WC or Ward Chipman Sr, the Attorney General of New Brunswick.

 

(Note: Other supporting documentation not available in the public records of the Archives)

 

The oral family history has it that Daniel and Samuel travelled to Fredericton by boat, some say twice, to execute the documents and be heard at the hearing. It took them two days each way Chance Harbour to Fredericton and return. The distance over the water would be about 80 – 90 miles and they’d have to take the Reversing Falls at the correct time of the tide which could cause a delay of up to 6 hours each way. Until the railroads were built some 30 years later, this was the fastest way to travel.

 

 

 

David Belding and Jane Thomas Wedding from NB Marriage Records Copybook at St John Public Library

 

 

They were married on Saturday, January 22nd, 1825 by Church of England minister F. Coster with Thomas Thomas and Matilda Coster (likely the wife of the minister) as witnesses. Banns were not read. This was done by marriage bond. If any other family member had been there, you would think that they would have been witnesses and signed the register and marriage bond return instead of the minister’s wife.

 

Jane Thomas wife of David Belding Obit

 

Vital Statistics from NB Newspapers

Annotated by Daniel F. Johnson

Vol 8 1839-40 Item 45

NB Royal Gazette Jan 5, 1839

Died at Dipper Harbour in Lancaster Parish this past November Jane Belding, wife of David Belding age 32 left husband and numerous offspring.

 

 

Daniel Belding Obit

 

Vital Statistics from NB Newspapers

Annotated by Daniel F. Johnson

Vol 11 1845-47 Item 1406

?

Died at Chance Harbour in Lancaster Parish on December 8, 1846, John Beldon age 86 who came to this country one year after landing of the Loyalists. He was for many years ship master out of this port and a member of the established church. He left an aged widow.

 

 

Felix Thomas Obit

 

Vital Statistics from NB Newspapers

Annotated by Daniel F. Johnson

Vol 12 1847-1850 Item 1892

NB Courier Oct 27, 1849

Died Oct 4, 1849 at Chance Harbour in the Parish of Lancaster where he resided these past 24 years Capt. Felix Thomas age 73 years 9 months. Interred Sunday Oct 7 at “that place” alongside the late Mr. Belding.

 

Note: This would put Felix Thomas in Chance Harbour in 1825, the year David Belding married Jane Thomas, and their first child, daughter Mabel, was born in December although this does not clear up the question of who Jane’s parents were.

 

 

David Belding Obits

 

Vital Statistics from NB Newspapers

Annotated by Daniel F. Johnson

Vol 60 1883 Item 933

NB Visitor May 9, 1883

Died May 1, 1883 at Chance Harbour, in the Parish of Lancaster, County of St John, David Belding. Brother Belding was descendant of a loyalist and member of the Baptist Church for many years. Age 85

 

Vital Statistics from NB Newspapers

Annotated by Daniel F. Johnson

Vol 59 1883 Item 270

St John Daily Times May 2, 1883

Died at Chance Harbour on Apr 30, 1883 David Belding in his 86th year.

 

Tuesday, July 19, 2005

 

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Harry MacDonald

2 Jackstraw Lane

RR 2 Gananoque, On

K7G 2V4

 

Ph 613 382 8607

Fx 613 382 8673

harrymac@kos.net