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- UCLPetition 4, N Misc. 1797-1811, Bertie, film C2236, p1053:
To Lieut. Gov. Peter Hunter, In Council,
Petition of Mary Near, of Bertie,
That you petition is the daughter of Nicholas Huffman of the above named [Bertie] Township, a Loyalist U.E. and wife of Henry Near, and has lived about 16 years [1786] in this Province. That your petitioner having never received any lands, she humbly prays your Excellency would be please to grant her 100 Acres, Hist Majesty's benevolence to persons of her description shall ever pray,
Signed, York, 9 June 1802. Henry HISXMARK Near, for his wife Mary Near.
. Personally appeared before me, A Wood, Esquire, on of this Majesties Justice of the Peace for Home District. The above named Henry Near, who made oath that Mary Near, the petitioner is there person she described herself and has never received any order for lands fro the Crown. Signed, before Alexander Wood, JP, 9th day of June 1802. Henry HISXMARK Near.
. Envelope: The Clerk of the Council has not made the usual endorsement that the father of the petitioner is on the UE List & hath she has not reached any lands.
Mary Near of Bertie, Dau. of Nicholas Bertie. The above named Nicholas Huffman appears on the U.E. List.
UCLPetition 5, N Bundle 6, Bertie, C2481, p7:
. To Lieut. Gov. Peter Hunter, In Council
Petition of Mary Near, wife of Henry Near, Bertie Twp.
That your Petition is the daughter of Nicholas Huffman, of the Township aforesaid [Niagara], a Loyalist U.E. & is of the age of 50 years [b. 1753]; & having never received any lands in the Province, respectfully requests you Excellency would be please to grant her 200 acres.
Signed, before Thos. Cummings, J.P., Niagara District. Mary HERXMARK Near.
. I, Mary Near do make oath that I am fifty years of age & never received any grant or order for lands from the Crown in this Province.
Sworn before Thos. Cummings, J.P., Niagara District. Mary HERXMARK Near.
. I, Thomas Cummins one of his Majesties Justice of the Peace of the District of Niagara, do certify that the Petitioner Mary Near is the person she describes herself to be & never to my knowledge or belief received any lands or order for lands int this Province. Thos. Chummings, J.P.
Envelope, Received 1 Oct 1803. Husband Henry Near received an order for 350 Acres family grant.
Council Chambers, 17 Nov 1804, MARY NEAR'S CASE
The petitioner's father having come into the Province within the time listed by the King's instructions & studying on the Council Books as a U.E., & it not appearing that there is any doubt, but that he is properly placed on the UE List. The Board does not concur in opinion with the Inspector General, that the Petition is not privileged.
The opinion of the Inspector General seems found on this idea, the as the petition, when she came in here, had been married many years & was the mother of a family & as her husband petitioned for & obtained family lands (in which was included 50 Acres on account of his wife in the usual way), therefore, she is not now entitled to received Lands as the Daughter of an UE. But the Board conceived that as the King's Instructions contained a general command to grant 200 acres to each of the children of a U. E. Loyalist, in cases where the parent came in with the limited time (viz.) July 1798 & as it is not suggest that any doubt arises on that hand, the Executive Government is not authorized to make any exception in cases where the fact is established that the applicant is the child of a U.E. & that her being 50 years of age can make no differences whatever.
If the Government thought proper to give her husband 50 acres on account of the petitioner, his wife, that must be considered as a further bounty from the Crown & this observation seems to carry with it the great weight, when it is considered that the Executive Government it is not authorized to grant the Lands of the wife to the husband & that nothing can be a compliant with the Royal Instruction, but the granting the inhabitance of the lands to the wife in her own name - it being, it is conceived, intended as a provision for the child of a U.E. & that child happens to be married, it is necessary to grant the land to the married women herself & not to put it in the powers of her husband by his own act to dispose her of it by a sale.
Signed, J H Alcock, Chairman. Approved by P Hunter, Lt. Gov.
1804 Mar 20 sent a copy of Mary Near's Case as above written to the Inspector General of Public Provincial Accounts. J. Small.
. Eight children of Anna Maria Huffman and Henry Neher are:
Johann Nicholaus Neher, b: 13 Dec 1771 in Claverack, Columbia, New York,
Aplonia Neher, b: 29 Oct 1773,
Jacob Neher, b: 1776 in Claverack,
Henry Neher, Sr., b: 27 Jun 1778,
Elisabeth Neher, b: 26 Nov 1780, married Martin Kruhm;
Anna Maria Neher, b: 8 May 1782,
David Neher, b: 4 Mar 1783 in Claverack, NY,
Miss Neher, 1787, Bertie, Welland Co., Ontario, Canada.
XRef: Upper Canada Land Petition 1 for Henry Near, viz. 5 US children & 1 Cdn. child born 1787. - - -
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