INDEX CLEARINGHOUSE MAILING LIST LINKS HOME
The land comprising Oro Twp. was part of a large territory formerly held by the Ojibways (Chippewas). This land, along with other adjacent lands, about 250,000 acres in all, was seceded to the British government through the treaty of Nov- ember 17, 1815 for the sum of 4000 Pounds of which the Oro Twp. portion makes up roughly 1200 Pounds of it. In 1811, S.S. Wilmot had surveyed a road between Kempenfeldt Bay and Penetanguishene Bay with lots of 200 acres (20 x 100 chains; 1 chain = 66 feet) laid out along both sides of it and lots of 100 acres (20 x 50 chains) in a second con- cession. By early 1815, a track had been cut out along this surveyed road as a transport route for the fur-trading North West Company and the militia stationed at Penetanguishene. It was along this track which was soon to mark the western boundary of Oro Twp. that a number of settlers began locating themselves in 1819. In 1820, J.G. Chewett surveyed and laid out the remainder of Oro Twp. into lots of 200 acres (30 x 66-2/3 chains) with allowances for roads, for which he received in payment 3105 acres (15-1/2 lots) of Oro. The Constitutional Act of 1791 re- quired that one seventh of each township surveyed be set aside as Clergy Reserves for the support of the Protestant clergy, a subject of a great deal of controversy for many years to come. In the same year a separate instruction required that another one seventh be set aside as Crown Reserves for the support of the government. In Oro Twp. 57 lots (approximately 10,600 acres) were set aside as Clergy Reserves and another 57 lots (10,430 acres) as Crown Reserves. The land policies affecting the settler in ob- taining his land were very complex and continually changing to adapt to the often conflicting interests of the many parties involved in land settlement. There were four main types of land available to the settler: Crown Lands, Crown Reserves, Clergy Re- serves and Private Lands.
CROWN LANDS In the beginning, five-sevenths of the land in Oro was Crown land while the other two-sevenths made up the Crown and Clergy Reserves. The two main systems of granting Crown lands were the free grant system and the sales system. Only com- mon settlers before 1826, United Empire Loyalists or their children, military claimants, certain officials and other exceptions were able to acquire land under the free grant system in Oro Twp. The first to receive locations in Oro along the Penetanguishene Road were the Hon. William McGillivray (600 acres) and William Hallowele (200 acres) in 1816, but actual settlement did not begin until mid-1819 as a result of a general Order- in-Council, April 26, 1819, opening the area up for settlement. To encourage settlers to locate along the newly opened road they were offered 200 acre lots, double the quantity permitted since 1815, at a low fee, a policy which lasted only a few years. These settlers were also required to begin settle- ment duties within one month after receiving their location tickets (fig. 1-2-3), that is, to erect a dwelling house, to reside on their lot, to clear and fence ten acres next to the road and to clear half the road in front, all within 18 months. After performing their settlement duties and paying a fee of Three Pounds, Five Shillings, Two Pence they would receive title to their land in the form of a patent. At the same time, a number of discharged soldiers, "men of colour", who were veterans of the War of 1812, began locating on 100 acre lots beginning on Concession 2 fronting Wilberforce Street. They were also subject to performing certain settlement duties (abolished in 1835) but were not required to pay patent and survey fees for their grant. Many other militia claimants, in- cluding seamen, acquired grants of 100 acre lots throughout the township under the same condi- tions. After 1834, only those who were discharged in the province were entitled to free grants which eventually ended in 1843. Half-pay officers were entitled to free grants until August 1, 1831 after which they were allowed a remission of the purchase money in amounts varying according to rank. In 1831, a number of half-pay officers came to Oro and ob- tained substantial grants of land scattered through- out the township. They were: Charles S. Monck, 1370 acres; Malcolm Ross, 1223 acres; James Adam, 1200 acres; Edward F. Davis, 1195 acres; Andrew Carthew, 1190 acres; Robert Oliver, 1100, acres; Edward G. O'Brien, 885 acres; and William B. McVity, 340 acres. United Empire Loyalists or their children were eligible for 200 acre grants free of fees but subject to the same settlement duties as militia claimants. Not much is yet known to what extent and proof that the settler was established on his land was required. Two neighbourhood witnesses would swear in writing before a Justice of the Peace that they knew the applicant and described to what extent the settlement duties were per- formed. Often a long period would elapse, even as much as half a century, from the time a settler located on his lot until he received his patent. This was possibly due to bureaucratic delays or slow- ness in making payments. Some problems arose when he settled on the wrong lot or bought land from another settler, the original nominee, who had not paid all his instalments and had no title. One settler complained about paying $9.00 per acre for stony land bought from the Crown Lands Department while better land in the immediate area was valued at from $1.50 to $3.25 per acre. A half-pay officer complained about the manner in which a neighbour had performed his settlement duties on the road by hauling timber and brush on to one of his lots and not cutting the shrubs low enough. Another settler ended up paying more interest than he should have when he paid the same interest on his last instalment as the first, for which he was never reimbursed. TABLES The following tables should give some idea as to how the land was taken up. They are based on an analysis of the Doomsday Books: Oro Town- ship, and figures are approximate only. TABLE I ACREAGE PATENTED FOR EACH DECADE Years Acres 1820 - 1829 15,055 1830 - 1839 27,068 1840 - 1849 14,673 1850 - 1859 3,030 1860 - 1869 7,555 1870 - 1879 5,145 1880 - 1889 600 1890 - 1899 200 after 1900 250 Total 73,576 TABLE II NUMBER OF LOTS PATENTED ACCORDING TO LOT SIZE No. of lots Lot size Acres 181 200 acres 36,200 312 100 acres 31,200 45 50 acres 2,250 52 irregular, broken or under 50 acres 3,926 590 TOTAL 73,576 TABLE III ACREAGE PATENTED UNDER VARIOUS TYPES OF LAND GRANTS AND SALES Type Acres Military grants 18.591 Crown land sales 17,870 Free grants 11,600 Canada Company 10,230 Clergy Reserve sales 8,715 James G. Chewett, surveyor 3,105 Commission grants 1,460 Military Emigrants grants 300 Other or indeterminate 1,705 73,576 The sales system began on January 1, 1826. Under this system Crown land could be purchased in Oro for Four Shillings per acre in cash at a dis- count of 10%, or payment over one year or five years with interest (revised in 1827 to two years). From 1827, sales were by auction at upset prices. Starting in 1841, Crown land was sold strictly for cash only and it wasn't until 1854 when the system reverted to the five year credit option. In 1831, a large influx of indigent immigrants from Great Britain came to settle in Oro (Heytes- bury). They first arrived in Shanty Bay to be located by E.G. O'Brien, a land agent for the Crown Lands Department. Later they came in through Hodge's Landing (Hawkestone) to be located by Wellesley Richey who took over as land agent. In about four months, ninety-one indigent settlers and their families were located on lots of mostly 100 acres. These settlers were required to pay Five Shillings per acre and were given either three or six years' credit depending on when they could afford the 1/4 down payment and the three annual instalments with interest. They were also required to reside on their lot. If they could not afford provisions they were allowed a loan of Three Pounds per acre cleared up to four, to be repaid in five years with interest. In a few instances some of the settlers took up 100 acre lots. but only purchased 50 acres while obtaining the other 50 acres free through assisting societies in Great Britain such as the Glasgow Society. In 1842 William Shaw made an inspection of the 92 lots located to these indigent settlers. Out of the 92 lots inspected, 28 lots were found vacant or abandoned, 19 of them because of poor soil condi- tions or lack of water, particularly those in Con- cessions 8, 9 and 10. CROWN RESERVES At first the Crown Reserves were only avail- able under an unpopular 21 year leasing system. In 1826, a large land company called the Canada Company was chartered and through a contract with the government began purchasing unleased Crown Reserves at Three Shillings Six Pence per acre. The Canada Company purchased all the Crown Reserves in Oro except for one leased lot which was granted to King's College. Patents for these lots were issued to the Canada Company from 1832 to 1846. By 1835 the Canada Com- pany was selling lots in Ontario for an average price of Twelve Shillings Five Pence per acre. Terms were one-fifth cash down and five annual instalments at 6% interest. From 1842, the settler could take out a 10 year lease with the option of purchase, a system which proved more popular. The armual rent was equal to the interest on the value of the lot.
CLERGY RESERVES Like the Crown Reserves, the Clergy Reserves were available under 21 year leases at annual rents increasing once every seven years. This system was discontinued in 1834. From 1827 a limited number of Clergy Reserve lots became available for private sale each year which was replaced in 1834 by the auction system at upset prices ranging from Ten Shillings to Fifteen Shillings per acre. The terms of credit were one-tenth cash down and nine equal annual instalments. There was a great demand for lots on these terms which were better than those in purchasing Crown lands or Canada Company lots. However, until 1847 existing lessees and squatters of Clergy Reserve lots had pre-emption privileges which made it a lot harder for other settlers to acquire these lots. Possibly because of the limitation set on the number of Clergy Reserve lots that could be sold annually, most of the Clergy Reserves in the south half of Oro were transferred to inferior lots in the north half leaving those in the south more accessible for purchase which were then sold as Crown land. The sale of Clergy Reserves was completely suspended from 1841 to 1845. In 1853 the restriction on the acreage that could be sold annually was removed and from 1854 Clergy Reserves were sold under the same regulations as those for Crown lands.
PRIVATE LANDS Once a patent was issued on a piece of land, that land became privately owned. Eventually most of the Crown lands and the Crown and Clergy Reserves in Oro passed into the hands of private owners. When a buyer purchased land from a private owner the transaction was called "Bargain and Sale". Land could be bought from another settler such as one of those mentioned above, from a land speculator, from the Canada Company or from J.G. Chewett, the surveyor of Oro who held a large quantity of land. In most cases, before any patent could be issued for a lot it had to be completely paid for.
Back to North American history...
INDEX CLEARINGHOUSE MAILING LIST LINKS HOME