1912-13 DEPARTMENT OF LANDS, FORESTS AND MINES. 83 



east angle of the said lot tract, then north 31 degrees 30 minutes west 50 chains 

 more or less to Little Creek, then southerly along the water's edge with the 

 stream to Big Creek, then north-easterl}'^ up Big Creek to the place of beginning, 

 containing 60 acres more or less." I find this Lot D.D. to contain 78.09 acre 

 of land and 99 acres of marsh adjoining. 



As will be seen by the accompanying plan both Big Creek and Little Creek 

 — whoise shore lines or "waters edge" are fairly well defined, are out in the marsh 

 a considerable distance from the land, and I am of the opinion — from the wording 

 of the above description — that James Cuthill is entitled to all the land and marsh 

 enclosed by said description. 



(3.A) The rear or northerly half of Lot C.C., Concession III. Patented to 

 David Bowen, now owned by Samuel Asseltine and described as follows: — "Com- 

 mencing in the centre of the said concession in the limit between the said Lot 

 C.C. and Lot No. 14, then north 31 degrees 30 minutes west 52 chains 63y^ links 

 more or less to the allowance for road in rear of the said concession, then south 50 

 degrees west to Hay Bay, then southerly along the edge of the said bay following 

 its several turnings and windings in the said Lot C.C. to the centre of the said 

 concession, then north 59 degrees east to the place of beginning, containing 150 

 acres more or less." I find this part of Lot C.C. to contain 91.50 acres of land 

 with approximately 663 acres of marsh adjoining. I do not consider that Mr. 

 Asseltine has any title to this marsh area. 



(3'.B) The front or south-easterly half of Lot C.C, Concession III. Patented 

 to Philip Smith, now owned by Samuel Asseltine and described as follows: — 

 "Commencing in front of the said concession in the limit between the said Lot 

 C.C. and Lot No. 14, then north 31 degrees 30 minutes west 52 chains, 63^/^ 

 links more or less to the centre of the said concession, then south 59 degrees west 

 to Hay Bay, then southerly along the edge of said bay, following it several turn- 

 ings and windings in the said Lot C.C. to the allowance for road in front of the 

 said concession, then nortlx 59 degrees east to the place of beginning, containing 

 150 acres, more or less." 1 find this part of Lot C. C to contain 76.27 acres of 

 land, with approximately 129 acres of marsh adjoining. I do not consider that 

 Mr. Asseltine has any title to the marsh area. 



With regard to that part of your instructions to me in which you say: "You 

 might call upon any of the people who claim to own the marsh lands under the 

 grants from the Crown and explain matters to them, because they may not clearly 

 understand that if they claim from the edge of the marsh instead of from the 

 edge of Hay Bay they can only go back 105 chains 27 links according to their 

 patents, and in the event of their owning marsh the probability is there will be a 

 large amount of good land in the rear of their lots not belonging to them." 



I was not long on the ground before I fully realized that it would be utterly 

 useless on my part to offer this explanation — all the land owners interested in this 

 matter are acting under legal advice — ^this marsh area yields a revenue of about 

 $2,000 a year in rat pelts, and all the parties I interviewed seem prepared to fight 

 the matter to a court of last resort. 



In conclusion, I beg to state that it seems very clear to my mind that accord- 

 ing to the original surveys, plans and patents, the lots fronting on Hay Bay 

 were intended to commence at the inner edge of the marsh — if the original sur- 

 veyor intended that any of these Lots should include the marsh area in front, 

 the lines between the respective lots as shown on the original plans would have 

 been shown projected out to the outer edge of the marsh where deep water begins. 



