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The original content for this article was contributed by The National Institute for Genealogical Studies in June 2012. It is an excerpt from their course Research: Manitoba Ancestors by Laura Hanowski. The Institute offers over 200 comprehensive genealogy courses for a fee ($).
How the Crown Land Was Allocated
The Dominion Land Act of 1872 set out the policy for administering the Crown land in western Canada. Under the Act land was set aside as free homestead and school land. As part of the original purchase agreement with the Hudson’s Bay Company Crown land was set aside for the Hudson’s Bay Company. Grants of land were made to railway companies as an incentive to build railways throughout the west. Reserves were set aside in Manitoba for ethnic groups such as the Mennonites in southern Manitoba and Icelandic community at Gimli as well as for colonization companies. Legislation was enacted on April 25, 1871 to set aside 1,400,000 acres of land in Manitoba for Half Breed residents of Manitoba. Further land was allocated for Indian reserves, Military Bounty Grants and Drainage and Swamp land in the Province of Manitoba. On 01 July 1873 the Department of the Interior was made responsible for this Crown land including the natural resources. In 1930 the remaining Crown land in Manitoba was transferred to the province. Many of the records have since been transferred to the Archives of Manitoba.
To encourage people to settle western Canada the government of Canada offered 160 acres of land as a homestead grant.
Free homestead. 1872-1930
The even numbered sections within each township, except for 8 and 26, were designated as homestead land. Adult men or women who were the sole support of their family were eligible to apply for a homestead. To qualify the settler had to pay a $10 registration fee, break and crop 30 acres of land, live on the homestead for at least six months of the year, build a substantial house and barn, and fence some land. After three years the homesteader would make a sworn statement to say that these requirements had been met. At this time those who were not British subjects had to become Naturalized British subjects. If the homesteader passed the inspection, a patent would be issued which was taken to the Land Titles office where the title for the land would be issued.
Pre-emption 1871-1890 and 1908-1918
A pre-emption was a further 160 acres of Crown land, adjacent to the homestead, that the homesteader could apply for at the same time that the homestead was applied for or once the patent for the homestead had been received. To qualify for the pre-emption the homesteader had to complete the homestead requirements. The pre-emption land was purchased for a set fee of $2 or $3 an acre. To receive the patent for the pre-emption the homesteader had to cultivate 50 acres of land, reside for six months of the year on the land, at the homestead or with a relative within a nine mile radius of the pre-emption.
Purchased Homestead 1871-1918
A purchased homestead was a further 160 acres of Crown land, within a nine-mile radius of the homestead. The homesteader could apply for this land at the same time that the homestead was applied for or once the patent for the homestead had been received. To qualify for the purchased homestead the homesteader had to complete the homestead requirements. The land was purchased for a set fee of $2 or $3 per acre. A one-third down payment was required with the balance to be paid in five equal installments. To receive the patent the homesteader had to cultivate 50 acres of land, reside for six months of the year at the homestead or with a relative within a nine mile radius of the purchased homestead.
Documents in The Homestead File and How They Help Genealogists
Application for Entry
The application form contains the land location, name and signature of the applicant, the date and where the application was made. More recent forms included ages of all the people in the family but no names of these family members were given.
|Not all applications have survived. For those that have note what kind of an application is in the file, whether it was made by the person, by proxy or on behalf of a minor. Note any changes in family make up from the time of the application until the Sworn Statement was made. Also note where the application was made because this could be a clue about where to look for other records for the homesteader.|
Sworn Statement in Support of the Application for a Homestead Patent
When the requirements established by the Dominion Lands Act were completed the homesteader made a sworn statement to this effect. The information in the statement provides the name, age and post office address of the applicant and whether they are a British subject or a Naturalized British subject. Other questions ask for the date of entry, the date building began on the house, the portion of the year that the homesteader lived on the land and if absent where they were and what they were doing. Another question asked was of whom the family consisted and when they commenced residence on the homestead. Further questions asked about the number of acres that were broken and cropped each year, the numbers and kinds of livestock had each year, the size and value of the house and barn. Note the date and place where the document was signed.
If the applicant was not a British subject there will be a stamp on the document that indicates the date of naturalization and the date that the document was seen. The Naturalization certificate was to be returned to the applicant but sometimes the copy is still in the file.
Note if there is a stamp on the file indicating a seed grain incumbrance. A seed grain incumbrance was a lien indicating that the homesteader had borrowed money to purchase seed and had not paid the money back when the sworn statement was made. Occasionally the Bond will be found in the file.
Sworn Statement of Two Neighbours
These statements were given by two neighbours who had to have known the applicant for three years in Canada. They were swearing that the information contained in the Sworn Statement was correct
Notification of Patent
The notice that the patent was being sent to the homesteader is often part of the file. The actual certificate was taken to Land Titles office to prove that they had title to the land. Rarely is theCertificate of Recommendation for Homestead Patent found in the file. If the certificate still exists it would be part of the family papers.
Other Papers That May Be Found in the Homestead File
- A statutory declaration was made if the homesteader was unable to fulfill the requirements within the three year time frame. The questions were similar to those asked on the sworn statement except for the last one that asked for the special circumstances such as illness, accident or lack of means which should be considered by the Department of the Interior. The answer to this question could have a lot of information that is of interest to the genealogist.
- Correspondence was not usually microfilmed unless it dealt with disputes or if people were using the information in the homestead file to prove age and residency in Canada for pension or citizenship purposes.
- The Naturalization certificate occasionally will be found in the file although it was supposed to have been returned to the homesteader.
- Applications for others who may have applied for the particular homestead and failed to complete the requirements. Along with this there could be a Declaration of Abandonment certificate indicating why the homesteader wished to abandon this particular piece of property.
- Some files contain a copy of the Homestead Inspector’s Report. This report records the information about the homestead location, the date of entry, the size and construction of the house, stables and granary along with the value of each, the amount of land broken and cropped and information about the stock. Questions are also asked about the nature of the soil, the area fit for cultivation, marsh or lake, timber and hay land on the homestead. There was also space for general remarks.
Crown Land Records at the Archives of Manitoba
The homestead files were transferred to the Archives of Manitoba after the Crown lands were transferred to the province. These files as well as other records created by the Department of the Interior are now available for research at the archives. Subsequent land transactions are found in the Land Titles offices.
Finding Aid: The Historic Holders Report
The “Historic Holders” report consists of a nominal listing of all individuals who obtained patent to Crown land through homestead entry, purchase or grant. It includes the legal description, type of grant, size, date of entry and date of patent.
Homestead Files 1870-1930
Copies of the homestead files are found on microfilm at the archives.
Fiats 1870-ca. 1930
The fiat is the form used to request that letters patent be issued. It shows the name, address, legal land description, the size and type of grant. Paper copies of the fiats are found at the archives arranged by legal land description.
Township General Registers ca. 1870-1976
Township registers are arranged by meridian and range. They contain the names of everyone who applied for Crown land up to the date of the final grant. These are large books which have not been microfilmed.
Parish and Settlement Registers ca. 1870-1976
Provide the name of the patentee, nature of grant and date of transaction. Includes names of persons who entered a homestead but did not obtain a patent.
Township and Parish Cadastral Plans ca. 1870-1930
Consist of Department of Interior cadastral plans for townships and parishes. The township plans show the name of patentees and patent numbers. Parish Plans provide the name of the owner and parish lot numbers.
Parish Files 1874-1959
Consist of documents that establish ownership and occupancy of parish lots in the Red River Settlement as required to obtain patent under the 1870 Manitoba Act. Contains information on pre-1870 settlers, including personal data, use of land and improvements. The majority of files cover the period 1878-1930. Where title was disputed or land reserved, files continue until 1959. The series is incomplete. Missing files may be in the Department of the Interior Manitoba Act Files available on microfilm at the archives. Some files may still be with Manitoba Natural Resources.
- Archives of Manitoba
- Tel. (866) 626-4862
- 130-200 Vaughan Street
- Winnipeg, Manitoba R3C 1T5
- Email: email@example.com
Hudson’s Bay Company Land
Under the terms of the original purchase agreement with the Hudson’s Bay Company blocks of land around its trading posts and 1/20th of the land in the ‘Fertile Belt’ were set aside as Hudson’s Bay Company Land. This land is identified as Section 8 and Section 26 except for the NE quarter of Section 26 which was designated as homestead land in every township. But in every fifth township the Hudson’s Bay Company had all of Section 26. In some townships the HBC could have other townships if the Dominion Government required the land for other purposes.
Finding Aid RG 1, Series 21
The records for the sale of the Hudson’s Bay Land are found in the Hudson’s Bay Company Archives in Winnipeg. In order to access the records you need to consult RG 1, Series 21, Record of HBC Lands to find the land description. These are arranged in 17 volumes by township and range, Volumes 18 and 19 are the sections other than sections 8 and 26.
When you find the correct entry note the contract number which is listed on the left-hand side of the page which is headed “Area Sold, Surrendered or Otherwise Disposed of.” Beware that not all agreements for sale were completed so there could be more than one entry per quarter-section. You will need the contract number in order to access the Farm Land Agreements.
Hudson’s Bay Company Farm Lands Register of Sales
RG 1, Series 25 1879-1910 consists of eight volumes for the period 1879-1910. Each register is organized numerically according to the sale number found in the finding aid. The entry for each sale includes the name of the purchaser, the location of the land and the amounts of the installments paid as well as details concerning the delivery of the deed of property. Subsequent land transactions are found in Land Title offices.
- The Hudson’s Bay Archives
- Telephone: (204) 945-4949
- 130-200 Vaughan Street
- Winnipeg, Manitoba R3C 1T5
- Email: firstname.lastname@example.org
Information in this Wiki page is excerpted from the online course Research: Manitoba Ancestors offered by The National Institute for Genealogical Studies. To learn more about this course or other courses available from the Institute, see our website. We can be contacted at email@example.com
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