Thursday, February 5.
Present:—Earl of Halifax, Mr. Jenyns, Mr. Sloper, Mr. Bacon.
fo. 117.
Ordered, that Mr. Sanderson’s memorial, stating several grievances and abuses in the administration of the government of Nova Scotia, which was appointed to have been considered on Wednesday, the 28th of January, be taken into consideration on Tuesday next, the 10th instant; and that the Secretary do give notice thereof to the several persons ordered to attend on the said 28th.
The Secretary laid before the Board a memorial prepared by the agent for the Settlement of Nova Scotia, to be presented to the Lords Commissioners of the Treasury, praying that the sum of one thousand, one hundred and ninety eight pounds, one shilling, may be issued to him out of the grant of Parliament for the service of Nova Scotia, to discharge several demands on account of that service; and the said memorial having been approved, it was ordered, that the agent should present it to the Lords Commissioners of the Treasury for their lordships’ directions upon it.
fo. 124.
The Secretary having acquainted the Board, that Captain Taggart, master and commander of the Snow Halifax in the service of the Province of Nova Scotia, had represented to him that the said vessel was so much out of repair, as to be unfit for any further service; it was ordered that the agent for the settlement, the treasurer and Captain Taggart, should consider of the best method of disposing of the said vessel to the greatest advantage, and lay their proposals before the Board.
Tuesday, February 10.
Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Eliot, Mr. Bacon.
fo. 125.
Their lordships took into consideration Mr. Sanderson’s memorial, stating several grievances and abuses in the administration of the government of Nova Scotia; and Mr. Sanderson attending, was called in, and their lordships then proceeded to an examination into the allegations contained in the 7th, 13th, 14th, 15th, 16th, 17th and 18th articles of his memorial; and the persons referred to by Mr. Sanderson for information upon the particulars of each article attending without, were severally called in and examined; and their lordships having gone through the whole, Mr. Sanderson withdrew.
Wednesday, February 11.
Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Eliot, Mr. Bacon.
fo. 131.
Their lordships took into further consideration Mr. Sanderson’s memorial, stating several grievances and abuses in the administration of the government of Nova Scotia; and Mr. Green, the Treasurer of the Colony, attending, their lordships had some conversation with him upon the subject of that article, which relates to his conduct in reference to the contracts for farming the rum duties, and for the furnishing live cattle from New England; the result of which was, that their lordships ordered a copy of that article to be delivered to him, in order that he might give in his answer thereto in writing.
The draught of a letter to Mr. Secretary Pitt, inclosing an extract of a letter from Mr. Belcher, President of the Council of Nova Scotia, dated December 12th, 1760, relating to Mary Webb, a convict for murder, was agreed to, transcribed and signed.
Read a report, signed by the agent of the colony, the Treasurer and Captain Taggart, of the Snow Halifax, containing their opinion as to the best method of disposing of the said vessel to the greatest advantage.
fo. 132.
Ordered, that the said vessel, the Snow Halifax, be sold at Cork, where she now lyes; and that the Secretary do give the necessary directions for that purpose, and for the discharge of whatever may be due on account of the said vessel.
Letter to Mr. Secretary Pitt, desiring he would move his Majesty, that Corbyn Morris, Esquire, may be continued agent for the Islands of Newfoundland and Cape Breton, and the Province of Nova Scotia; and inclosing a warrant for that purpose.
Wednesday, February 18.
Present:—Earl of Halifax, Mr. Pelham, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Eliot, Mr. Bacon.
fo. 139.
Their lordships took into consideration the state of his Majesty’s Colony of Nova Scotia; and several minutes were taken preparatory to a letter to the Commander in Chief of the said colony.
Thursday, February 19.
Present:—Earl of Halifax, Mr. Pelham, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Eliot, Mr. Bacon.
fo. 140.
Their lordships took into further consideration the state of his Majesty’s Colony of Nova Scotia; and several preparatory minutes having been taken, the draught of a letter to Mr. Belcher, Commander in Chief of the said colony, was ordered to be prepared.
Tuesday, February 24.
Present:—Earl of Halifax, Mr. Pelham, Mr. Hamilton, Mr. Sloper, Mr. Eliot, Mr. Bacon.
The Secretary laid before the Board a paper delivered to him by Alexander McNutt, who had been concerned in some of the new settlements in Nova Scotia, containing some proposals for making further settlements in that colony.
fo. 144.
Mr. McNutt attending was called in; and, after some conversation had with him upon the subject matter of his proposals, he was desired to prepare a memorial, stating the places in Nova Scotia, where he proposed to make his settlements, the quantity of lands he desired, the number of persons he proposed to settle in proportion to the quantity; and the terms and conditions of cultivation, to which he would propose to be bound; and then he withdrew.
Friday, February 27.
Present:—Earl of Halifax, Mr. Hamilton, Mr. Sloper, Mr. Eliot, Mr. Bacon.
Mr. Alexander McNutt attending without was called in, and laid before their lordships the following proposals for introducing settlers into his Majesty’s Province of Nova Scotia, viz.
fo. 148.
That each and every family to be introduced by Mr. McNutt into Nova Scotia shall be entitled to and receive upon arrival in the colony a grant under the province Seal of a lot or share of lands, of the same quantity and in the same proportion as those which have been granted to families settled in the new townships of Horton, Cornwallis and Falmouth in the said province, under the Governor’s proclamation of the 11th day of January, 1759; and that Mr. McNutt shall also be entitled to and receive a grant for his own benefit of one hundred acres of land for every five hundred acres so to be granted, as a reward for his merit in this service.
fo. 149.
That the lands so to be granted be laid out in townships, consisting of one hundred thousand acres of land to each township, in such parts of the province as Mr. McNutt shall choose, where the lands shall not have been under actual settlement, or surveyed and allotted to other persons, at the time of the arrival of the settlers to be introduced by Mr. McNutt.
That the grantees of the lands shall be bound by the terms of their patents to the following and no other conditions of quit rent and cultivation, viz.
That for every fifty acres of land so to be granted a quit rent of one shilling sterling per annum shall be paid to his Majesty, his heirs and successors for ever, the first payment to commence and be made at the expiration of ten years from the date of the grant.
fo. 150.
That for every fifty acres of land accounted plantable, each patentee shall be obliged, within three years after the date of his patent, to clear and work three acres at the least, in that part of his tract which he shall judge most convenient and advantageous; or else to clear and drain three acres of swampy or sunken grounds; or drain three acres of marsh, if any such be within the bounds of his grant.
fo. 151.
That for every fifty acres of land accounted barren every patentee shall be obliged to put and keep on his land, within three years after the date of his grant, three neat cattle or six hogs, which number he shall be obliged to continue on his land, until three acres for every fifty be fully cleared and improved.
fo. 152.
That if any person shall take up a tract of land, wherein there shall be no part fit for present cultivation without manuring and improving the same, every such grantee shall be obliged, within three years from the date of his grant, to erect on some part of his land one good dwellinghouse after the manner of Nova Scotia building, to contain at least twenty feet in length and sixteen feet in breadth, and also to put thereon the like number of three neat cattle or six hogs for every fifty acres.
That if any person, who shall take up any stoney or rocky grounds, not fit for planting or pasture, shall within three years after the passing of his grant, begin to employ thereon, and so to continue to work for three years then next ensuing, in digging any stone quarry, or coal, or other mine, one good and able hand for every hundred acres of such tract, it shall be accounted a sufficient cultivation and improvement.
fo. 153.
That every three acres which shall be cleared and worked, as aforesaid, and every three acres, which shall be cleared and drained, as aforesaid, shall be accounted a sufficient seating, planting, cultivation and improvement to save for ever from forfeiture fifty acres of land in any part of the tract contained in the same patent; and the patentee shall be at liberty to withdraw his stock, or to forbear working in any quarry or mine in proportion to such cultivation and improvement as shall be made upon the plantable lands, or upon the swamps, sunken grounds and marshes which shall be included in the same patent.
fo. 154.
That when any person, who shall hereafter take up and patent any land, shall have seated, planted, cultivated or improved the said land, or any part of it, according to the directions and conditions above mentioned, such patentee may make proof of such seating, planting, cultivation and improvement in the general court, or in the court of the county, district or precinct, where such land shall lie, and have such proof certified to the Register’s Office, and there entered with the record of the said patent, a copy of which shall be admitted on any trial, to prove the seating and planting of such land.
fo. 155.
That, in order to ascertain the true quantity of plantable and barren land contained in each grant hereafter to be made with his Majesty’s said province, in all surveys hereafter to be made, every surveyor shall take particular notice, according to the best of his judgment and understanding, how much of the land so surveyed is plantable, and how much of it is barren and unfit for cultivation, and accordingly insert in the survey and plot by him to be returned into the Register’s Office, the true quantity of each kind of land.
fo. 156.
That the clause in the grants already made to settlers in the new townships of Horton, Cornwallis and Falmouth, by which the claims of any persons under former grants are reserved, may not be inserted in the grants, it having occasioned doubts and suspicions in the minds of the settlers, which have operated very much to discourage the settlements.
Their lordships, upon consideration of the foregoing proposals, were of opinion that they were just and reasonable, and ordered the draught of a representation to his Majesty to be prepared, proposing that the Governor of Nova Scotia may be instructed to make grants of lands in that province to Mr. McNutt and his associates upon the terms and conditions contained in the said proposals.
fo. 157.
The draught of a letter to Mr. Belcher, Commander in Chief of the Province of Nova Scotia, having been prepared pursuant to order, was agreed to and ordered to be transcribed.
Ordered, that a copy of the proceedings of the Board on Mr. McNutt’s proposals for introducing settlers into his Majesty’s Province of Nova Scotia, be transmitted to Mr. Belcher.
“Journal, February 1761: Volume 68.” Journals of the Board of Trade and Plantations: Volume 11, January 1759 – December 1763. Ed. K H Ledward. London: His Majesty’s Stationery Office, 1935. 161-171. British History Online. Web. 2 April 2020. http://www.british-history.ac.uk/jrnl-trade-plantations/vol11/pp161-171.