- Call Number:
- HIL-MICL FC LPR .O5H4M4
- Category:
- Ontario
- Creator:
- Upper Canada. Heir and Devisee Commission.
- Material Description:
- 4 microfilm textual records (12 volumes) ; 35 mm
- Background:
The second Heir and Devisee Commission was established in 1805. Like the first Commission, it was empowered to clarify the titles to land of the heirs or devisees of those who had been assigned Crown lands before 1795. Many of the original grantees had not taken out Patents to confirm their legal right to the land after the provision was made in 1795 for the issuance of patent deeds on Crown grants.
The first Commission was established in 1797 and functioned until 1804. The second Commission was established in 1805 and the last sitting was held in 1895. All sittings were held at York (Toronto). The second Commission was comprised of six members -- three were appointed by the Lieutenant Governor in Council and the other three were required to be judges, one of whom must be the Chief Justice.
- Contents:
All claims had to follow a strict procedure. The claim must be advertised in the Office of the District Clerk for a stated period of time, the Surveyor General was required to report on the name of the original nominee of the Crown for the lot in question, the claimant had the right to submit any documentation that had relevance for the claim, e.g. location tickets, wills, deeds, mortgages, letters, and receipts of sale. Oral testimony could be introduced into the hearings. Careful minutes of the proceedings were kept by the Clerk of the Commission, and a report was forwarded to the Lieutenant Governor in Council after each sitting. With all the documentation that had to be assembled before a claim could be heard, and a decision rendered, the Minutes of the Commission form an extremely rich body of historical and genealogical data.
- Originals:
The original documents are held by the Archives of Ontario.
- Archival Ref. No.:
AO RG 40, Series C-1, MSS 449.
- Finding Aids:
A shelf list and finding aid for minutes is available.
- PDF Finding Aid:
- UC Heir and Devisee Commission Minutes Shelf List.pdf Finding-Aid_Minutes_UC-Heir-Divisee-Commission.pdf
- Notes:
The records of the first and second Heir and Devisee Commissions should be used in conjunction with the Archives of Ontario RG 1, C 1-3 (Fiats and Warrants) and RG 1, C-IV (Township Papers). The records of the first Heir and Devisees Commission are held by the National Archives of Canada in Series RG 1, L 5. An inventory description and the microfilm shelf list of the NAC RG 1, L 5, are available in print and as a PDF in the electronic finding aid section.
- Related Records:
The Minutes of the second Heir and Devisees Commission form part of a larger body of records of the Commission.