part of the Jesuits' Estates, to be calculated in the manner prescribed by the said Seigniorial Act of 1854 and the Acts amending it, and reckoned from the time when the said casual rights were abolished, shall be paid yearly out of the Consolidated Revenue Fund, to the Lower Canada Superior Education Fund. MISCELLANEOUS. 24. For the purposes of the ninth section of the Seigniorial DistrictsAmendment Act of 1856, and of this Act, the Districts of Mon- how constituttreal, Ottawa, Three-Rivers, Quebec, Kamouraska and Gaspé, poses of the ed for the purtherein referred to, shall be the said Districts as constituted Seigniorial and bounded when the said Seigniorial Act of 1854 was passed, Acts. notwithstanding any subsequent redivision of Lower Canada into Districts; and the word "District," in the Seigniorial Act of 1854, and the Acts amending it and this Act, shall always be understood as meaning one of the said Districts as so constituted and bounded. 25. The Interpretation Act, and the thirty-seventh Section Interpretaof the Seigniorial Act of 1854, concerning the Interpretation of tion. certain words, shall apply to this Act. 26. This Act shall be called and known CC as The Seignio- Short Title. rial Amendment Act of 1859." SCHEDULE.—FORM A. Public Notice is hereby given that the Schedules of the several Seigniories, Fiefs and Arrière Fiefs,-(or the Schedule or Schedules of the Seigniory, or Seigniories, Fief or Fiefs, &c., of in the Districts of -or the Schedules of the several Seigniories, Fiefs, &c., in the District of as the case may be,) in that part of the Province of Canada, known as Lower Canada, shewing the rentes constituées, into which the Feudal and Seigniorial rights, dues, charges, obligations and rents, due and payable upon each land and emplacement in each Seigniory, Fief or Arrière-Fief, respectively (or, in the said Seigniory &c.,) are converted, are (or is) completed, and that duplicates (or a duplicate) thereof, and abridged triplicates Schedules (or an abridged triplicate Schedule) thereof have (or has) been deposited in the offices of the Prothonotaries of the Superior Courts of the Districts of (as the case may be) (or, of the Prothonotary of the Superior Court for the District of ), and that triplicate abridged Schedules (or a triplicate abridged Schedule) have (or has) been deposited in the office of the Receiver General of this Province; and that the duplicate Schedules (or Schedule) of the said Seigniories, Fiefs, &c., (or Seigniory, Fief, &c.,) remain (or remains) in the hands of the Commissioners under the Seigniorial Act of 1854, according to the provisions of the Seigniorial Amendment Act of 1859. Terms of re CAP. XLIX. An Act to amend in certain respects the law relating to [Assented to 4th May, 1859.] HEREAS it is expedient to amend the laws presently in force in Lower Canada, as to rents (Rentes) charged upon real estate, and to facilitate the redemption thereof: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. From and after the passing of this Act, there shall not be created under any description of instrument whatsoever, any perpetual irredeemable ground rents, (rentes foncières perpétuelles non rachetables), nor yet any rent to affect real estate irredeemably for a term of more than ninety-nine years, or for more than three lives; but all such rents as aforesaid, if stipulated, shall at all times be redeemable at the option of the debtor thereof, and be subject to all the laws and rules governing ordinary constituted rents, (rentes constituées à perpétuité) as to the redemption thereof and otherwise, save and except as to prescription which shall be that of thirty years for such rents and the arrears thereof. 2. It shall be lawful for the parties to any instrument for the demption may transfer of real estate (titre translatif de propriété immobilière,) be stipulated by deed creat- whether by sale or otherwise, to regulate thereby, as they shall ing any rent. see fit, the terms on which any rent which they may thereby But the period create, shall be redeemable, and also to stipulate that the same of non-redemp- shall not be redeemable until after the expiration of any petion shall not riod not exceeding thirty years; and if in any case the parties shall stipulate that any such rent shall not be redeemable until after the expiration of any period not exceeding ninety-nine years but exceeding thirty years, such stipulation shall for such excess over the period of thirty years be null and void. exceed 30 years. to be redeem capable of alienating them, and on All rents al- 3. All rents, other than those hereinafter excepted, which, ready created before the passing of this Act, may have been charged upon able, if owned any real estate, by any instrument for the transfer thereof (titre by a Corpora- translatif de propriété) whether by sale or otherwise, either as tion or party perpetual irredeemable ground rents (rentes foncières perpétuelles non rachetables), or as rents to affect such real estate irredeemably for a term of more than ninety-nine years, or for more than three lives, if owned by any Corporation or by any party capable in law of alienating the same, shall hereafter be redeemable at the option of the holder (détenteur) of such real estate, on any day whereon any payment (arrérages) of such rent shall fall due; but no such rent shall be so redeemable if the right of the owner (créancier) thereof be only conditional what conditions. Exception. or suant to no or limited, or if such rent be charged by emphyteotic lease (créée à titre de bail emphyteotique); Provided always, that Proviso: nosuch holder shall have given one full year's notice to the owner tice to be given. (créancier) of the rent, of his intention to redeem the same on such day, and shall on such, day duly pay or tender the full amount of the capital of such rent, and of all arrears (arrérages) thereof; And provided also, that if, after such notice given, Proviso: if not payment or tender be not made on such day, the owner (créan- redeemed purcier) of the rent shall be under no obligation by reason of such notice to receive the same, but in his option may either insist on the continued payment of such rent as stipulated, or may at any time within one year thereafter sue for and recover, as well personally against the party who may have given such notice as hypothecarily against any third party holder (détenteur) of the real estate, the full amount of such capital and arrears, with interest thereon from such day, and liquidated damages at the rate of ten per centum thereon, and costs of suit. tice. 4. It shall be lawful for any corporation to invest in real es- Corporations tate, or upon security thereof, the amount of the capital of any may invest rent redeemed or recovered under this Act. redemption money in or upon real estate. rent where it 5. Whenever the amount of the capital of any rent to be redeemed under this Act shall not have been stated in the in- Calculation of strument creative thereof, the same shall be calculated from the capital of a amount of such rent at the rate of five per centum per annum, is not stated. if the date of such instrument be prior to the fourth of March, one thousand seven hundred and seventy-seven, and at the rate of six per centum per annum, if the date thereof be on or subsequent to that day; and whenever such rent shall be wholly or in part payable in kind, the value of the same shall and may be calculated for the redemption thereof, at the then fair money value of the articles wherein the same may be so payable. 6. Nothing in this Act contained shall be construed to affect Act not to apin any wise howsoever any seigniorial rent (rente seigneuriale), Pages. ply to certain or any rent created or to be created under the Seigniorial Act of 1854, and the Acts amending the same, or any rent stipulated by any lease or grant from the Crown, or from any department of the Government, or to render redeemable any rente viagère heretofore created, or any rente viagère hereafter to be Not to affect created, for not more than three lives, or to abridge or other prescription. wise alter the term now fixed by By-law for the prescription. of any irredeemable rent heretofore created and hereby made redeemable or of the arrears thereof. 7. This Act shall apply to Lower Canada only. Act limited to CAP. Preamble. 22 V. c. 7. Copy of power of Attorney executed abroad before a Mayor, &c., produced in evidence to be made by Prothonotary. CAP. L. An Act to amend An Act to facilitate the proof in Lower Canada of certain Instruments executed without that section of the Province. W [Assented to 4th May, 1859.] HEREAS it is expedient to amend the Act passed in the twenty-second year of Her Majesty's Reign, intituled, An Act to facilitate the proof in Lower Canada of certain Instruments executed without that section of the Province: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. In all cases where any Power of Attorney purporting to be executed out of Lower Canada, in the presence of one or more witnesses, and to be authenticated by or before any Mayor or other Magistrate, Judge of any Court of Record, British Consul or other Public Officer of the country where it bears date, has been or may be produced by any witness or witnesses who decline to part with such original, it shall be the duty of the Prothonotary or Clerk of the Court in which such cases shall or may be pending, forthwith to make a true and exact copy of such Power of Attorney, at the cost and charges of the party or parties requiring the same, and to certify and Such copy to deposit the same in such cases; and such copy so certified and be prima facie deposited shall be taken and received by and before all Courts evidence, &c. and elsewhere in Lower Canada, as prima facie evidence of the original and of the due execution thereof; and such Power of Attorney shall be held and taken to be authentic and duly proved in the manner aforesaid, unless the authenticity thereof be specially put in issue as hereinafter mentioned. 2. It shall be competent for any interested party to deny the authenticity of the original of any such copy by filing an affidavit before the closing of the evidence or Enquête of the party or parties producing such copy, or in whose interest it shall or may be filed, to the effect that he has reason to doubt and does not believe that the same was executed or attested by the person or persons, nor in the manner it purports to be, and by entering security to the satisfaction of a Judge, for all costs attending the execution of any commission to be issued to prove such Power of Attorney; it shall then be incumbent on the party wishing to use the copy to prove the original thereof in due form of law, to which end the party having the custody of such original shall be bound, on the order of any Judge, to deposit the same in Court, in the cause wherein it is put in issue, receiving in return from the Prothonotary or Clerk thereof, at the expense of the party by whom its authenticity is denied, a copy thereof certified as aforesaid; and it shall be the duty of all Judges and Courts to grant such order on petition, any law or or custom to the contrary notwithstanding; and the original may thereupon he annexed to any Commission to be issued for the proof thereof. whom to be 3. If such Power of Attorney is duly proved, all costs in- Costs of provcurred on the proceedings for proving it shall be taxed against ing against and payable by the party denying the authenticity of the same, taxed. whatever may be the final judgment in the cause; and in any case, when the cause is finally decided by a judgment in the last resort or from which there is no appeal, or when the delay to appeal has expired, it shall be the duty of the Prothonotary or Clerk to return the original Power of Attorney to the party who deposited the same or his legal representative on demand, taking a receipt for the same. came into 4. The said Act now being amended shall apply to all cases The said Act pending when the said Act came into force, and to all Notarial to apply to copies of Powers of Attorney of the description in the said Act cases where it mentioned, filed in such cases; and any person wishing to deny force: how the authenticity of any original Power of Attorney contemplated party denying by that Act, in any such case, where the party may have pleaded of power proauthenticity before the said Act came into force, shall file the affidavit and duced under it give the security mentioned in the second section of the said shall proceed. Act within one month from the day on which this Act shall come into force and effect, in default whereof such original Power of Attorney shall be held and taken to be authentic and duly proved in the manner in the said Act mentioned. CAP. LI. An Act to prevent the fraudulent conveyance of real estate charged with hypothecs, after proceedings have been instituted to enforce payment thereof. W [Assented to 4th May, 1859.] HEREAS it often happens that debtors, with the view Preamble. of defrauding their creditors, sell or alienate their real estate after their creditors have taken proceedings at law for the recovery of debts for which such real estate has been hypothecated, thereby exposing them to the inconvenience of commencing new proceedings, and often to the loss of their debts, and it is expedient to provide for the prevention of frauds of this nature: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. Every sale or alienation of any nature whatsoever, of any Sale, &c., made after immoveable charged with hypothec duly registered prior to such sale or alienation, after proceedings shall have for recovering proceedings been commenced for the recovery of the debt, with the hypothecary payment of which such immoveable is charged, shall be null debt to be and void. |