And of those of any other Seignior dominaat;

The yearly value of the Seigniorial

3. The value of the lucrative rights of the Seignior dominant, of whom the Seigniory for which the Schedule is made may be held, if the Seigniory be an arrière-fief ;

4. The yearly value of the Seigniorial rights upon each land, that is to say, each parcel of land originally conceded as Fights 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 banalité, and of the exclusive right to build mills in the Seigniory, as distinguished from the right to the water powers, if such rights 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 the land may be subject; but the droit de retrait shall not be deemed a lucrative right;

The extent of each lot;

How the charges on

any lot shall

ed;

5. The extent of such land according to the title of the owner, if produced, and whether it is held for agricultural purposes, or is a mere emplacement or building lot;

6. In determining the Seigniorial charges to which each land is subject, the Commissioner shall be guided by the title of the be determin- owner from the Seignior, subject to the decision of the Judges hereinafter mentioned, if such decision shall in any way limit the rights of the Seignior under the said title; and in the absence of the title of the 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;

And its extent;

How each lot

shall be desribed in the Schedule;

Commuted

7. Each land shall be described in the Schedule by the number, and concession, under which it stands in the land-roll of the Seignior, (or if it bear no such description therein, 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;

8. The Commissioner shall also include in the Schedule all lands how to lands in regard to which the Seigniorial Rights have been commuted, and write opposite thereto the word "Commuted" only.

be entered.

General rules

for valuation.

Cens et rentes

and annual charges.

VI. In order to determine the value of the Seigniorial rights on lands held en roture, the Commissioner shall observe the following rules, namely:

1. The amount of the cens et rentes and annual charges shall be taken as the yearly value thereof; and if any of such rents

or

or charges be payable in grain, fowls or other provisions or fruits of the earth, 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 ten remaining years; the value of personal labour (corvées) shall be estimated in the same manner;

lands and on

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 Commis- Value of lods sioners in estimating the yearly value of the lods et ventes in et ventes on any Seigniory, shall distinguish those accruing on lands held agricultural as emplacements or building lots or for other than agricultural emplacements purposes, which shall form one class, from those on lands held to be distinfor agricultural purposes, which shall form another class; and guished. the Commissioner shall apportion the yearly value of the lods et How appor ventes on each class, upon the lands belonging to that class, 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 agricultural purposes: and any rente expressly charged in any Deed of partial As to rente commutation under the Acts hereby repealed, as an indemnity representing to be paid by the Censitaire instead of lods et ventes, shall be under deed held to represent the value of the right to lods et ventes on the commutation land referred to, and shall be entered and dealt with in all respects accordingly;

tioned.

lons et ventes

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,) if 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;

Yearly value

be converted

into a rente

each land.

5. The yearly value of each class of rights upon each land, of all rights to shall become a rente constituée charged upon the same as the compensation payable to the Seignior thereof, and the total constituée, on amount of such rentes constituées on any land, after the deduction to be made there from as hereinafter provided, shall be payable to the Seignior yearly, at the time and When payable. place where the cens et rentes on such land are now payable, unless it be otherwise agreed between the Seignior and the Censitaire, and shall accrue from the day on which notice of the deposit of the Schedule of the Seigniory shall be given in the Canada Gazette, on which day the present cens et rentes and other annual charges upon the land shall cease to accrue; and both they and the rentes constituées under this Act shall accrue rateably for any broken period less than a year, during which they may exist;

As to broken periods.

Value of the

rights of Sei

guior domi

Bant to be the

capital of a Tente constituée payable to him.

His share in the Fund provided by this Act.

Casual rights

of the Crown how valued.

Notice by the

before com

6. The value of the rights of the Seignior Dominant in any arrière-fief, shall form the capital of a rente constituée payable yearly by the Seignior of the arrière-fief, on the day of the date of the publication in the Canada Gazette of the notice of the deposit of the Schedule of such arrière-fief, and accruing from the day of such publication; but out of the moneys coming to the Seignior of the arrière-fief, from the Provincial aid hereinafter mentioned, a sum bearing the same proportion to the whole of such moneys as the value of the rights of the Seignior Dominant in such arrière-fief bears to the value set upon the Seigniorial rights of the Seignior servant in such arrière-fief, shall belong to the Seignior Dominant, and his said rente constituée shall be diminished by the amount of the yearly interest at six per cent per annum, of the sum so coming to him out of the said Provincial aid;

7. And in estimating the value of the casual rights of the Crown in relation to each Seigniory, the Commissioner shall be guided, as nearly as possible, by the same rules as are hereby prescribed for the determination of the yearly value of the casual rights of the Seigniors.

VII. Before beginning to prepare the Schedule for any Commissioner Seigniory, the Commissioner entrusted with that duty, shall mencing his give public notice of the place, day and hour, at which he will quiry. begin his inquiry; and such notice shall be made by placards and publications in the English and French languages, at the door of every parish Church in such Seigniory, during four consecutive Sundays at the conclusion of divine service in the forenoon, or by placards in both languages, posted during four consecutive weeks, in the most frequented place in any Seigniory in which there shall be no church.

He may enter

upon lands for the purposes

VIII. It shall be lawful for the Commissioner to enter upon all lands situate in the Seigniory the Schedule whereof is to be of the inquiry, made by him, in order to make such examination thereof as may

may be necessary, without his being subject in respect thereof to any obstruction or prosecution, and with the right to command the assistance of all Justices, Peace Officers and others, in order to enter and make such examination, in case of opposition.

Commis

IX. The said Commissioners, and each of them separate- Powers of the ly, shall have full power and authority to examine on oath any sioners obtainperson who shall appear before them, or any of them, either as a ing informaparty interested or as a witness, and to summon before them, or tion. any of them, all persons whom they or any of them may deem it expedient to examine upon the matters subject to their consideration, and the facts which they may require to ascertain in order to carry this Act into effect, and to require any such person to bring with him and produce before them or any of them any Book, Paper, Plan, Instrument, Document or thing mentioned in such summons, and necessary for the purposes of this Act: And if any person so summoned shall refuse or neglect Punishment of to appear before them, or before the Commissioner who shall persons refuhave summoned him, or appearing, shall refuse to answer any before them, sing to appear lawful question put to him, or to produce any such Book, Paper, or to give inPlan, Instrument, Document or thing whatsoever which may be in his possession, and which he shall have been required by such summons to bring with him or to produce, such person shall for every such refusal or neglect incur a penalty of not less than ten nor more than fifty pounds currency, payable to Her Majesty, to be recovered with costs upon summary plaint by such Commissioner before any Judge of the Superior or Circuit Court, and in default of immediate payment shall, by warrant of such Judge, be apprehended and committed to the Common Gaol of the District for a period not exceeding one calendar month.

formation.

experts shall

X. Whenever the Commissioner charged with the making Value may be of the Schedule of a Seigniory shall be of opinion that the rules estimated by prescribed in this Act for determining any value which he is Experts if required by hereby required to determine, do not form an equitable basis Seigniors or for determining the same, or when the Seignior, or not less Censitaires. than twelve Censitaires of the Seigniory, shall call upon the said Commissioner in writing, within a period not exceeding eight days after the day fixed for the commencement of the How such inquiry by the Commissioner, requiring that experts be ap- be appointed pointed to determine the value of the Seigniorial rights therein, the said Commissioner shall call a public meeting of the Censitaires of the Seigniory, at such place therein, and on such day and at such hour, as shall be specified in the public notice thereof, which he shall give in the manner prescribed by this Act with respect to the commencement of his inquiry, for the purpose of appointing two experts, one of whom shall be appointed by the Seignior and the other shall be elected by the majority of the Censitaires present at such meeting; and in case the Seignior or his agent, shall not be present at the said meeting, or being present, shall refuse or neglect to

appoint

Powers of experts.

They shall not be bound by the foregoing

rules.

Third expert.

appoint an expert, the said Commissioner shall appoint one on behalf of the Seignior, and such expert shall have the same powers as he would have had if he had been appointed by the Seignior, and in the event of the Censitaires refusing or neglecting to appoint an expert on their behalf, the Commissioner shall in like manner appoint an expert to act for them.

2. The two experts so appointed shall have and exercise the same powers with respect to the valuation of the Seigniorial rights as could be exercised by the Commissioner himself, except that they shall not in any case be bound by the rules aforesaid; and the said two experts shall appoint a third expert, but in case the two experts shall not agree upon the person to be the third expert, then any Judge of the Superior Court in the District in which the Seigniory or the greater part thereof lies, shall, on the application of either expert, after three clear days' notice to the other, appoint such third expert: and the sums fixed by any two of such experts as the fixed by them yearly value of the Seigniorial rights respectively, shall be to be entered taken by the Commissioner as the value thereof, and shall be apportioned by him in the manner hereinbefore prescribed, upon or among the lands subject to such rights; and the Commissioner shall mention in the Schedule that the value was determined by Expertise.

The value

in the Schedule.

Sole expert

may be chosen.

3. Provided that when the Seignior and the Censitaires shall agree to appoint and elect, or shall appoint and elect one and the same expert, such sole expert shall have the same powers as the three experts would have had, and his decision shall be Commissioner final: And provided also, that the Commissioner may be apthird expert. pointed either third expert or sole expert.

may be sole or

Case of experts dying, &c., provided for.

And if the
Commissioner

4. In the event of one of the said experts dying, becoming incapacitated, or refusing to act, the appointment or election of another in his stead shall be proceeded with in the manner above prescribed, excepting that it shall not be necessary to call a public meeting of the Censitaires for the appointment of an expert in the stead of the person representing the Seignior; but if the Seignior refuse, or neglect during eight days to appoint another expert, after having been required so to do by the Commissioner, the Commissioner shall appoint an expert on behalf of the said Seignior.

5. If the Commissioner be appointed third expert or sole be the expert. expert, then if he be prevented from acting by any cause, the Commissioner who shall be directed by the Governor to continue the proceedings in the Seigniory, shall be third expert or sole expert in the place of the former Commissioner.

Fees of experts.

6. The said experts shall be entitled to receive, out of the funds provided by this Act, such fees as the Commissioner shall deem proper to tax, provided that they do not exceed the sum of

fifteen