King George III Land Grant of 1800

King George III Land Grant of 1800 (5950 acres)

History 1785 – 1800:
The founding of UNB can be traced back to 1785, when a petition to establish the college was presented to the governor and council in Saint John. The College of New Brunswick was finally given a charter in 1800 but only began college-level instruction in 1820 and awarded its first, and only, three degrees in 1828. It was Sir Howard who helped move the fledgling institution forward. It became King's College, and eventually the University of New Brunswick.

"More than anyone, Sir Howard Douglas was responsible for obtaining a royal charter for King's College, extracting from both the royal and provincial governments the capital funding and annual operating grants," said Dr. Condon.

Sir Howard not only helped obtain a Royal Charter, he was instrumental in creating the building that now bears his name. He selected the site, chose a design by J. E. Woolford, who also designed Old Government House, and laid the cornerstone in 1826. His speech on the opening of the building is a pivotal moment in the history of the university and the province. The Royal Gazette called it and the occasion "beyond all question one of the most important, interesting and impressive ceremonies ever witnessed in the Province of New Brunswick."

Some Important Quotes from the Original Land Charter of 1800
“To have and to hold all and singular the aforesaid Lands Tenements Hereditaments and Premises hereby granted and every part and parcel thereof with their and every of their appurtenances unto the said Governor and Trustees of the College of New Brunswick and their Successors and assigns forever ” (Land Charter from King George III, Grant #378, College of New Brunswick, July 18, 1800, page 534, Book “B” Land Grant, Microfiche F16302, Provincial Archives of New Brunswick, UNB Campus, Fredericton, New Brunswick)

 “To the sole proper use and behold of the said Governor and Trustees of the College of New Brunswick and their Successors and assigns forever” (Land Charter from King George III, Grant #378, College of New Brunswick, July 18, 1800, page 534, Book “B” Land Grant, Microfiche F16302, Provincial Archives of New Brunswick, UNB Campus, Fredericton, New Brunswick)

The King George Land Grant of 1800 could not be more clear that this land is to remain “forever” in the trust of UNB Governor and Trustees. This obligation was further strengthened by the Royal Charter for King's College (December 15, 1827) that requires trustees "...shall be able and capable to have, take, and receive, purchase, acquire, hold, possess, enjoy, and maintain, to and for the use of the said College any Messages, Lands, Tenements, and Hereditament.....". This same language was preserved in the Act to Incorporate the University of New Brunswick (April 13, 1859).

Charter of King’s College
(Royal Charter granted by King George IV on December 15, 1827)
“the said Chancellor, President and Scholars and their Successors, from time to time, and at all times hereafter, shall be able and capable to have, take, receive, purchase, acquire, hold, possess, and enjoy and maintain, to and for the use of the said College any Messages, Lands, Tenements, and Hereditament of what kind, nature or quality soever (situate and being within our said Province of New Brunswick,) so as that the same do not exceed in yearly value the sum of fifteen thousand pounds above all charges and moreover to take, purchase, acquire, have, hold, enjoy, receive, possess, and retain all or any goods, chattels, charitable, or other contributions, gifts, or benefactions whatsoever.”


Act Establishing the University of New Brunswick
(Act passed by the Provincial Legislative on April 13, 1859)
".....shall be able and capable to have, take, and receive, purchase, acquire, hold, possess, enjoy, and maintain....."


University of New Brunswick Act
(Chapter 40, Assented to June 29, 1984, Legislative Assembly of New Brunswick)
(page 3 of Chapter 40) “2. The University, incorporated by Chapter 63 of 22 Victoria, 1859, as “The University of New Brunswick,” and continued by Chapter 12 of the Acts of New Brunswick, 1968, is hereby continued and, subject to this Act, has holds, possesses and enjoys all the rights, powers, privileges and immunities of every nature or kind whatsoever which are vested in or belong to the University at the time of the coming into force of this Act.”

(page 4 of Chapter 40) “3. All real and personal property of every nature and kind which at the time of the coming into force of this Act, was vested in the University continues, subject to this Act, to be vested in the University.”


LAND CHARTER from KING GEORGE III
(Grant #378, College of New Brunswick, July 18, 1800, page 531-534, Book “B” Land Grant, Microfiche F16302, Provincial Archives of New Brunswick, UNB Campus, Fredericton, New Brunswick)


(page) 531

The Governor & Trustees of the
College of New Brunswick
New Brunswick
No. 378

George the Third by the Grace of God of Great Britain France and Ireland King Defender of the Faith and so forth. To all to whom these Presents shall come Greeting Know Ye that We of our special grace certain knowledge and mere motion have given and granted and by these Presents for us our Heirs and Successors do give and grant unto the Governor and Trustees of the College of New Brunswick and their Successors a Tract of Land situate lying and being within the Parish of Fredericton in the County of York and abutted and bounded as follows to wit, beginning on the southwesterly Bank or Shore of the River Saint John at the mouth or entrance of the Creek commonly called Mill Creek being the upper or northwesterly corner of the Tract of Land granted to Charles Morris Junior, thence running by the magnetic needle along the northwesterly Sine of the said Grant South forty five degrees west by a line of blazed Trees marked AR two hundred and forty chains of four poles each or until it meets a Larch Tree marked AR. standing on the southeasterly corner of a Tract of Land laid out and allotted in ten Lots, thence along the northeasterly line of the said Tract of ten Lots North thirty two degrees West by a Sine of blazed Trees marked AR two hundred and twenty eight chains and eighty five links until it meets a Hemlock Tree marked AR standing on the lower or southeasterly line of the lot number one in the Kingsclear Grant granted to Stephen Jarvis, thence along the said line of the said lot number one (marked by a Line of blazed Trees marked A.R.


(page) 532

North thirty two degrees East one hundred and five chains and fifty links or to meet the northwesterly corner of the Tract of Lands granted for a Glebe Lot to the Rector Church Wardens and Vesting of the Parish of Fredericton, thence along the said Glebe Lot South forty six degrees East fifty one chains and seventy five Links or until it meets the northwesterly side of the Road which runs southwesterly from the upper or northwesterly Street in the Town Plat of Fredericton, thence along the said Road North forty four degrees East seventy five chains or to meet the prolongation of a Sine marked by blazed Trees thence along the said prolongation and marked Sine North sixty six degrees West fifty seven chains and seven links or to meet a dead Hemlock Tree blazed on four sides and notched standing on the southeasterly line of the Glebe Lot abovementioned, thence along the said southeasterly line of the said Glebe Lot (marked by a line of marked Trees North forty four degrees East eighty one chains or until it meets the main Branch of the Creek commonly called Phillis’s Creek, thence along the said Branch of the said Creek following its several courses down stream along the middle thereof to its mouth or discharge into the River Saint John, thence along the southwesterly Bank or Shore of the said River Saint John following its several courses down stream or easterly until it meets the prolongation of the northwesterly side or line of the upper or northwesterly Street in the Town Plat of Fredericton aforesaid, thence along the said prolongation and line of the said Street South forty four degrees West twenty one chains and thirty links or until it meets the prolongation of the southesterly side or line of the southwesterly or back Street in Fredericton aforesaid, thence along the said prolongation and long the said line of the said Back Street South forty six degrees East eightly three


(page) 533

chains crossing the lower or southeasterly Street in the aforesaid Town Plat to the southeasterly side or line thereof thence along the said southeasterly line of the said lower Street North forty four degrees East four chains or until it meets the southwesterly line of the small Gore or Lot granted to Duncan McLeod, thence along the said Gore or Lot South sixty five degrees East one chain and sixty Links, thence South seven chains, thence South twelve degrees west seven chains and seventy one links, thence South twenty two degrees west seventeen chains, thence South twenty seven degrees west five chains and fifty links thence South thirty six degrees west five chains and ninety links, or to the first Creek which crosses the public Road leading from the Town of Fredericton to Mill Creek, thence following the several courses of the said Creek down stream to a marked maple Tree standing on or near its southerly Bank, thence or from the said maple Tree running southerly along the Bank which bounds a Tract of Low Land or Intervale to the westward following the several courses of the said Bank along the Top or Edge thereof and crossing the several Creeks or Gullies in the said Bank on direct lines at the shortest distances, (as expressed on the annexed plan) until it meets the Junction of the said Bank with the sourth westerly Bank or Shore of the River Saint John aforesaid thence along the said Bank or Shore of the said River following the several courses thereof down stream or southerly until it meets the Bounds first mentioned containing in the whole five thousand nine hundred and fifty acres more or less with the usual allowance of ten per cent for roads and waste, being partly improved and partly wilderness Lane and having such shape form and marks as appear by the actual survey thereof made under the directions of


(page) 534

our Surveyor General of our said Province of which Survey the plan hereunto annexed is a Representation, together with all woods underwoods timber and timber trees lakes ponds fishings waters watercourses profits commodities appurtenances and hereditaments whatsoever thereunto belonging or in any wise appertaining, together also with the privilege of hunting and hawking in and upon the same and mines and minerals saving and reserving nevertheless to Us our Heirs and Successors all white Pine Trees if any such shall be found growing thereon, and also saving and reserving to Us our Heirs and Successors all mines of Gold Silver Copper Lead and Coals. To have and to hold all and singular the aforesaid Lands Tenements Hereditaments and Premises hereby granted and every part and parcel thereof with their and every of their appurtenances unto the said Governor and Trustees of the College of New Brunswick and their Successors and assigns forever  ∧Yielding and paying therefor unto its our Heirs and Successors or to any Person lawfully authorised to receive the same to our use a free yearly Quit Rent of one Farthing for every hundred acress herely granted the first payment thereof to commence and become payable from the Feast of Saint Michael which shall first happen after the expiration of two years from the date hereof, and so to continue payable yearly thereafter forever.

Given under the Great Seal of our Province of New Brunswick Witness our trusty and well beloved Thomas Carleton Esquire our Lieutenant Governor and Commander in Chief or our said Province at Fredericton the eighteenth day of July in the year of our Lord one thousand and eight hundred and in the fortieth year of our Reign.

By command of His Excellency in Council
Jon Odell


378
Registered the 21st day of August in the year 1800

 ∧ To the sole proper use and behold of the said Governor and Trustees of the College of New Brunswick and their Successors and assigns forever


(Note: As shown, there is a statement written down the side margin of this last page. It would appear that this statement is meant to be added where the  ∧ symbol appears. Based on this, it seems that it is meant to further qualify the “assigns forever” statement on this page.)