82 EEPORT OF THE No. 3 



water in Hay Bay exceptionally high this season, many of the older residents in 

 this locality stating that it was as high as they had ever remembered seeing it 

 during the past fifty years. 



Generally speaking the line of demarkation between the marsh and the land 

 is well defined. The area of the marsh in front of these lots is, however, governed 

 to a large extent by the rise and fall of the waters of Hay Bay, there being a 

 considerable larger area of marsh in sight on my leaving there June 29th than 

 there was to be seen on my arrival thei'e June 17th. 



The parties who claim they own the marsh adjoining their respective parcels 

 of land are — 



(l.A) John J. Clark, owner of the west half Lot 9, Concession III. 



(8.A) CornelFs Island. 



(2) James Cuthill, owner of Lot D.D. Concession III. 



(3.A) Samuel Asseltine, owner of the rear or northerly half of Lot C.C. 

 between the 2nd and 3'rd concessions. 



(3.B) Samuel Asseltine owner of the front or south-easterly half of Lot C.C. 

 be'tween the 2nd and 3rd concessions. 



Acting on the advice of the parties I was instructed to consult in connection 

 with this matter — my survey and investigations were confined chiefly to the above 

 five parcels of which I made a careful survey and also of the marshes adjoining 

 them — the respective areas will be found on the accompanying plan — the area 

 of the marsh being variable, the figures I give would, of course, only hold good 

 when computed at the same height of water as when my measurements were made. 



(l.A) West half of Lot 9, Concession III., patented to Alex. Hanna, now 

 owned by John J. Clark, and described as follows : — " Commencing at the centre 

 of the said lot on the north side of Hay Bay, then north 31 degrees west 105 

 chains 27 links, then south 59 degrees west 9 chains 50 links, then south 31 degrees 

 east 105 chains 27 links more or less to Hay Bay, then north-easterly "along the 

 water's edge to the place of beginning, containing 100 acres.'' 



As will be seen by the accompanying plan the above description encloses a 

 small area of marsh 3'. 13 acres of which, in my opinion, the owner John J. Clark 

 is entitled to. I do not think, however, that he has any claim or title to the 

 marsh 4.46 ac. lying in front of said lot. 



(2.A) Cornell's Island. Sold by the Indian Department May 30th, 1877, 

 to Martin Shewman — now ovmed by John J. Clark and described as follows: — 

 " All that parcel or tract of land situate, lying, and being in the County of Lennox 

 in the Province of Ontario, in our Dominion of Canada, containing by admeasure- 

 ment thirty-eight acres be the the same more or less, composed of the Island in the 

 Bay of Quinte, known as Dockstatter's or Cornell's Island,, situate, lying and being 

 in Hay Bay, opposite lots numbers ten and eleven in the township of Fredericks- 

 burg." I find this island contains 42.87 acres, the line between the land and 

 marsh all round the island is fairly well defined. In my opinion John J. Clark 

 has no title whatever to the marsh adjoining or surrounding this island, 



(2) Lot D.D., Concession III., patented to James McNabb, now owned by 

 ?ames Cuthill, and described as follows: — "Commencing in front on the north 

 side of Big Creek in the limit between Lots Nos. 13' and D.D. at the south- 



