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York Point to the falls. The third dispute arose about the year 1830 between the St. John Common Council and the heirs of Hazen, Simonds and White with regard to the location of Red Head.

In order to get a better idea of the nature of these historic controversies it will be necessary to recall the circumstances under which the original grants were made. James Simonds states in his evidence in the Court of Chancery that having, about the year 1762, obtained a promise from the Nova Scotia government of a grant of 5,000 acres, in such part of the province as he might choose, he selected the harbor of St. John as the most eligible situation, and with his brother, Richard Simonds, entered upon and took possession of the whole of the marsh lands bordering on the Marsh Creek—called by the Indians Sebaskastaggan—and cut a large quantity of salt hay upon the upper part of the marsh. In explanation of a delay of three years in procuring a formal grant of the land, he says that many applicants delayed taking out their grants in order to postpone the necessity of paying quit rents to the crown; that in consequence he did not procure the first grant of 2,000 acres until the year 1765, and it was not until the year 1770 the second grant was issued. No actual survey was made of either of the grants until the year 1784, and Mr. Simonds and his partners assert that up to that time they believed themselves to be by these two grants entitled to the undisputed possession of what was known as the "Great Marsh."

The records at Halifax show that a memorial of James Simonds and others for 3,000 acres at St. John's river, was submitted to the consideration of the Governor and Council of Nova Scotia, and on December 24, 1764, the council advised that the applicants should have license to occupy the said land. On October 2d,—more than nine months later—a grant of