صور الصفحة
النشر الإلكتروني

accepted by the Receiver General in exchange for registered Bank notes, as the Governor in Council shall from time to time direct ; and the Receiver General, being thereunto authorized Investment of by order of the Governor in Council, shall have full power to sums so redispose of any Securities in which such moneys are or shall be invested, and to invest the proceeds in any other such Securities as aforesaid, or to apply them to the payment of the commutation aforesaid.


of the


[ocr errors]
[ocr errors]

V. The amount of the Municipalities Fund in and for either yearly diviSection of the Province remaining unexpended and unappro- sion oi unappriaied under the foregoing provisions of this Act, on the thiriy- popraled ba

lance among first day of December in each year, shall, by the Receiver Gene. the Municiparal, be apportioned equally among ibe several County and City lies in each Municipalities in the same Section of the Province, in proportion to he population of such Municipalities respectively according pectively, acto the then last Census made either under the Act to provide cording to pomore effectually for taking a periodical Census of the Pro-P · vince, or any oher Act under which Census may be legally taken of the Municipalities in either section of the Province ; and the portion thereol coming to each Municipality shall be paid over by the Receiver General to the Treasurer, Chamberlain or other Ollicer having the legal custody of the moneys of such Municipality, without other authority than this Aci, and shall make part of the General Funds of the Municipality, and be applicable to any purpose to which such Funds are applicable : Provided always, that if at the time when such payment is 10 Proviso: if the be made, any sum of money shall be payable by any such municipality,

have money to Municipality to the Receiver General for any cause whatever, ray to the Reand shall be overdue, he may retain in his hands in satisfaction ceiver Geneor part satisfaction thereof, the sum which would otherwise be 'al. payable to such Municipality, or so much thereof as may be equal to the sum so payable to him by the Municipality and overdue, and sha!) deliver to the Treasurer, Chamberlain or other Officer as aforesaid, a discharge in favor of the Municipality for a sum equal to that so retained by liim ; and for the What shall be purposes of this section, each Municipality into which any deemed a MuCounty in Lower Canada may be at the time divided, and each nicipality. Union of Counties for Municipal purposes in Upper or Lower Canada, shall be taken to be a County Municipality.

VI. So much of the Act thirdly cited in the Preamble of ihis Repeal of cerAct as limits the quantity of lands forming part of the Clergy tain parts of

t, 3 & Reserves which may be sold in any one year without the im

4 V. c. 78. previous approbation in writing of one of Her Majesty's Principal Secretaries of State, and so much of the said Act as makes any appropriation of any moneys forming part of the Clergy Reserves Fund, or arising from the sale of Clergy Reserves, other than such as is made by this Act, or as may be in any way inconsistent with this Act, shall be and so much of the said Act is hereby repealed.

Certain lands VII. Any lands which may have been, under the authority to be deemed of the Art Clergy Reser

of the Acts hereinbefore cited, or any of them, accepted in exchange for lands originally forming part of the Clergy Reserves in any part of this Province, shall be deemed to be Clergy Reserves for all the purposes of this Act.



An Act for the abolition of feudal rights and duties in
Lower Canada.

[Assented to 18th December, 1854.] Preamble.

THEREAS it is expedient to abolish all feudal rights and

duties in Lower Canada, whether bearing upon the Censitaire or upon the Seignior, and to secure fair compensation to the latter for every lucrative right which is now legally his, and which he will lose by such abolition ; And whereas in consideration of the great advantages which must result to the Province from the abolition of the said Feudal Rights and duties and the substitution of a free tenure for that under which the property subject thereto hath heretofore been held, it is expedient to aid the Censitaire in the redemption of the said charges, more especially as regards those which while they press most heavily on industry and enterprize, cannot from their very nature be otherwise made immediately redeemable without grievous hardship and injustice in many cases : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper anil Louer Canada, and for the Government of Canada, and it is hereby enacted by the

authority of the same, as follows : Acts 8 V.

J. The Act passed in the eighth year of Her Majesty's c. 42,

Reign, intituled, An Act the better to facilitate optional commutation of the tenure of lands en roture in the Seigniories and Fiefs in Lower Canada, into that of franc-aleu roturier, and the Act

passed in the twelfth year of Her Majesty's Reign, and intituled, And 12 V. An Act to amend the Act passed in the eighth year of Her 6. 49, Majesty's Reign, intituled, An Act the better to facilitate

(optional commutation of the tenure of lands en rolure in the

Seigniories and Fiefs in Lower Canada, into that of franc-aleu Repealed as roturier,' shall be and they are hereby repealed in so far as regards Seig.

regards the Seignories to which this Act applies : but deeds of which this commutation granted or other things done under them shall Act extende. remain in full force and have the same effect as if the said Acts

had not been repealed.




nor to

II. It shall be lawful for the Governor to appoint Commis- Governor sioners under this Act, and from time to time to remove them, appoint Coare and to appoint others in the place of any so removed, or dying missiouers. or resigning office; and each of the said Commissioners shall, before entering upon the duties of his office, take and subscribe, before a Judge of the Superior Court, the following oath :


, swear that I will faithfully, and without their oath ek “ partiality, fear, favor or affection, perform iny duty as Com- office. “ missioner under the Seigniorial Act of 1854.”

III. The said Commissioners shall receive for their ser- Remuneratisse vices under this Act, and for their necessary expenses and disbursements, such compensation as shall be allowed to them i respectively by the Governor, and no other fees or emoluments whatsoever.

IV. Each of the said Commissioners shall and may act as Commissuch in any part of Lower Canada, and they shall be aiding sioners to act

"5 in the Seito each other, so that any one of them, if need be, may con- aniorie tinue and complete the work begun by any other of them ; signed in the but subject to this provision the Governor may, from time to respectively. time, assign the Seigniory or Seigniories in and for which each of them shall act.

V. It shall be the duty of each of the said Commissioners They shall to value the several rights hereinafter mentioned, with regard make a Sche

dule of each 10 each Seigniory which shall be assigned to him as aforesaid Seig by the Governor, and to draw up in tabular form in triplicate, a shewing: Schedule of such Seigniory, shewing:

[ocr errors]

1. The total value of the Seigniory, that is to say of all the pro- The total perty and lucrative rights which the Seignior holds as such, value of the whether as Seignior dominant of any fief held of him as such " Seignior or otherwise, including in such total value, the value of the rights of the Crown;

2. The value of the rights of the Crown in the Seigniory, in- The value o

in the rights on eluding the value of the droit de quint, and all other valuable rights of the Crown therein as Seignior dominant, or by reason therein; of any reservation in the original grant of the Seigniory, and any difference between the absolute value in franc-aleu roturier of all unconceded lands, waters and water powers in the Seigniory, and appertaining thereto, and the value of the Seignior's rights therein, as they may be ascertained by the decisions of the Judges, under the provisions hereinafter made ;

And of those 3. The value of the lucrative rights of the Seignior dominant, or any other of whom the Seigniory for which the Schedule is made may be Sejunior doniberat ;

Will held, if the Seigniory be an arrière-fief ; The yearly 4. The yearly value of the Seigniorial rights upon each land,

of the that is to say, each parcel of land originally conceded as Seigniorial rights on each a separate lot, or actually owned at the time of making the

Schedule by a separate person ; entering severally, the yearly value of the lods et ventes,—the yearly value (if any) of the droit de banalilé, and of the exclusive right to build mills in the Seigniory, as distinguished from the right to the water powers, if such righis be recognized by the decision of the Judges who are to enquire of the same as hereinafter provided, but not otherwise,-the yearly value of the cens et rentes and other fixed rights, and of any other legal charges to which ihe land may be subject; but the droit de retrait shall not be deemed

a lucrative right; The extent of 5. The extent of such land according to the title of the owner, each lot; if produced, and whether it is held for agricultural purposes,

or is a mere emplacement or building lot ;

How the 6. In determining the Seigniorial charges to which each land charges on, is subject, the Commissioner shall be guided by the title of the any lot shall

owner from the Seignior, subject to the decision of the Judges ed; hereinafter mentioned, if such decision shall in any way limit And its ex. the rights of the Seignior under the said title ; and in the abtent ;

sence of the title of ihe owner, the Commissioner shall determine the extent of the land and the Seigniorial charges to which it is subject by such Books, Plans, procès-verbaux, or other secondary evidence as he may be able to procure ;


How each lot 7. Each land shall be described in the Schedule by the numshall be disa ber, and concession, under which it stands in the land-roll

med in the of the Seignior, (or if it bear no such description therein, Schedule;

then by the best brief designation the Commissioner can assign to it,) and the name of the owner as it appears on the land-roll, and in default of information on any of the said points, the Commissioner may describe it in such manner as he may think most convenient, provided he assign to each land a separate and distinct number;

Commuted 8. The Commissioner shall also include in the Schedule all landis how to lands in regard to which the Seigniorial Rights have been be entered.

commuted, and write opposite thereto the word “ Commuted”

only. General rules VI. In order to determine the value of the Seigniorial rights luation, on lands held en roture, the Commissioner shall observe the

following rules, namely: Cens et rentes 1. The amount of the cens et rentes and annual charges shall and annual he tolon as the verlo

be taken as the yearly value thereof; and if any of such rents charges.


for valuation.

or charges be payable in grain, fowls or other provisions or fruits of the eartli, their average value shall be computed according to the average price of articles of the same kind, taken from the books of the merchants nearest to the place, or ascertained in any other manner the Commissioner shall think most equitable ; to establish such average year, the fourteen Average year. years immediately preceding the period at which the valuation · is made, shall be taken, the two highest and the two lowest

shall be struck out, and the average year shall be established on the len remaining years; the value of personal labour (corvées) shall be estimated in the same manner;


2. In order to establish the yearly value of the casual Casual rights rights, an average year of their value shall be computed for each of the two classes of lands hereinafter mentioned, upon the ten years immediately preceding the passing of this Act, and the amount of the valuation of the said average year shall be the yearly value of the said casual rights for all the lands in the Seigniory of the same class ; and the Cominis- Value of lode sioners in esiimaring the yearly value of the lous et ventes in et ventes ou any Seigniory, shall distinguish those accruing on lands held agricu

lands and a as emplacements or building lots or for other than agricultural emplacements purposes, which shall form one class, from those on lands held to be disinfor agricultural purposes, which shall form another class ; and guishes. the Commissioner shall apportion the yearly value of the lods ei How apporventes on each class, upon the lands belonging to that class, the charging each land with a portion thereof proportionate to its value with regard to lands held as emplacements or building lots, or for other than agricultural purposes, and proportionate to its extent with regard to lands held for agriculiural purposes : and any rente expressly charged in any Deed of partial As to rente commutation under the Acts hereby repealed, as an indemnity representing

lons et ventes to be paid by the Censitaire instead of lods et venies, shall be held to represent the value of the right to lods et ventes on the commutatiou. land referred to, and shall be entered and dealt with in all respects accordingly ;

3. In order to establish the yearly value of the droit de Droit de banalité and the exclusive right of having mills in the Sei- banalité. gniory, (independently of the right to the water power,) is any such rights be recognized by the said Judges as aforesaid, the Commissioner shall estimate the probable decrease (if any) in the nett yearly income of the Seignior from his mills, to arise from the loss of such right, and the said sum shall be deemed the yearly value of such right, and shall be apportioned upon the lands subject to the said right in proportion to their extent ;

4. Any other rights shall be valued according to the revenue Other rights. or profits which may have accrued therefrom to be ascertained by the Commissioner in such manner as he shall deem most equitable, and shall be charged upon the lands subject thereto respectively;

« السابقةمتابعة »