صور الصفحة
PDF
النشر الإلكتروني

Schedule duly certified in the usual form, to any person apply furnished. ing for the same, and may demand three pence currency for every hundred words or figures in any such copy or extract; Fee therefor. and he shall also furnish one copy of every such Schedule on demand to the Seignior of the Seigniory to which it relates, and the costs thereof shalı be paid out of the funds provided by this Act; and all such copies and extracts, whether in words Their legal or figures, shall be deemed authentic, and shall serve as primâ effect. facie proof of all matters therein set forth.

ABOLITION OF FEUDAL RIGHTS AND DUTIES.

un

Sivan

a

denosit of the

o be

XIV. Upon, from and afier the date of the publication in the Upon the Canada Gazelle, or other Official Gazette as aforesaid, of a publication of notice of the deposit of the Schedule of any Seigniory as afore- de

the notice of said, every Censitizire in such Seigniory shall by virtue thereof Schedule of a hold his land in franc-aleu roturier, free and clear of all Cens, Seigniory, all Lods et Ventes, Droit de Banalité, Droit de Retrait and other to be held in

?lands therein feudal and Seigniorial duties and charges whatever, except the franc-uleu. Rente constituée which will be substituted for all Seigniorial duties and charges; and every Seignior shall thereafter And the Seihold his domain and the unconceded lands in his Seigniory, and all water powers and real estate now belonging to Quint, &c. to him, in frunc-aleu roturier, by virtue of this Act, and the the Crown. same and the Rentes constituées payable to him under this Act by his Сensitaires, or by any Seignior of whose Fief or Seigniory he is the Seignior Dominant, shall be held and enjoyed by him free and clear of all Quint, Relief or other feudal dues or duties to the Crown or to any Seignior Dominant of whom his Fief or Seigniory is now held; subject always, both as regards Seignior and Censitaire, to the provisions of this Act : Nor shall the Sei- No Seigniorial

right or duty gnior as such after the said time be subject to any onerous obliga- to re tion towards his Сensitaires, or be entitled to any honorary rights, be established. nor shall any land be thereafter granted by any Seignior to be held by any other tenure than franc-aleu roturier, or subject to any mutation fines or other feudal dues; Provided always, Proviso : that no Seignior shall concede or alienate any part of the uncon- Seigniors not

to concede ceded lands in his Seigniory, until after the notice of the depo- before the sit of the Schedule thereof has been given as aforesaid, and any Schedule is such concession or alienation shall be null and void.

completed.

un or

XV. But no right which any Seignior may have acquired by Certain any legal stipulation entered into before the passing of this Act, powers as to

taking land by any deed subsequent to the deed of concession, to take for mills, to any land for the purpose of using the water power adjoin- remain if made ing the same and belonging to such Seignior, on paying a

Desno, pays of concession. for such land the full value thereof and of all improvements thereon, shall cease by reason of the passing of this Act, but the same shall remain in full force : Provided always, that the owner Proviso : of any land adjoining any water power so acquired by the Sei- lan gnior, and not then used by him, may, at any time after the expi- a water ration of one year from the passing of this Act, demand the right power may

L

. Owner of

demand it in to use such water power from the Seignior on paying him the certain cases. full value of such right, which value, if not agreed upon, shall

be fixed by Arbitrators, one to be named by the owner of such land, another by the Seignior, and the third by the other two, or if they disagree, then by a Judge of the Superior Court or of the Circuit Court, and the award of any two of them shall be conclusive ; and upon payment or tender to the Seignior of the value awarded, the owner of such land shall have the right to use such water power in the manner mentioned in the demand thereof and in the said award.

bmitted

DETERMINATION OF THE LEGAL RIGHTS OF THE SEIGNIOR AND

CENSITAIRE. Questions to XVI. And in order to avoid as far as may be possible,

itted unnecessary expense, uncertainiy and delay in the valuation of by the Attorney General the several rights aforesaid, and in ihe completion of the Scheto all the dules of the Seigniories respectively, and all errors as to matJudges for

ters of law on the part of the Commissioners under this Act, Her determining Seignior's

Majesty's Aitorney General for Lower Canada, shall, as soon rights. as may be practicable after the passing of this Act, frame

such Questions to be submitted for ihe decision of the Judges of the Court of Queen's Bench and of the Superior Court for Lower Canada, as he shall deem best calculated to decide the points of law, which will, in his opinion, come under the consideration of the said Commissioners, in determining the

value of the rights of the Crown, of the Seignior, and of the To be filed. Censitaires, and he shall file a copy of such Questions in the

Office of the said Court of Queen's Bench, and cause a copy thereof to be transmitted by Post to each of the Judges of the

said Courts ; They shall be 2. The said Questions shall then be published at least once

a week, during six consecutive weeks, in the Canada Gazette, with a notice to all concerned that they have been filed as aforesaid, and are submitted for the decision of the said

Judges; They shall be 3. The said Judges shall take the said Questions into consitaken into con: deration, and shall bear the Attorney General, or Solicitor sideration, and decided as soon General, and such Counsel as such Artorney General or Solicias possible. tor General may deem it advisable to associate with them, at as

early a time as may be practicable after the expiration of thirty days from the last publication of the said Questions in the ca nada Gusette; and it shall be the duty of the said Judges to give the consideration of the said Questions and the hearing thereof such precedence over other matters before them, and to adopt such other measures with regard to them, as will ensure a decision thereon at as early a period as may be conveniently

practicable ; Seigniors may 4. Any Seignior may, at any time before the end of the said file counterquestions and period of thirty days after the last publication of the said Ques propositions. tions, or with leave of the said Judges at any time before the

hearing

published.

hearing thereon, cause an appearance to be filed for him in the Office of the Court of Qucen's Bench, in the malier of the said Questions, and having caused such appearance to be so filed, shall be entitled to be heard by his Counsel upon such Questions, and may submit any supplementary or counier-questions and may append to every such Question, a Statement of ihe Proposition or Propositions he intends to maintain with regard thereto ; but no more than five Counsel shall be heard on Number of the part of all the Seigniors so appearing except by special Counsel limitpermission of the Court, and if more claim to be heard, the eu. Judges shall decide between them which shall be heard ;

5. The Censitaires of any Seigniory acting by their Agent to be And so may elected in the manner provided by the eleventh Section of this Act, censitaires. may also in like manner and wiihin a like delay cause an appearance to be filed for them in the Office of the said Court, and having so done shall be entitled to be heard by their Counsel upon the questions filed by the Attorney General as well as upon any questions or propositions filed lựy any Seignior, and may submit supplementary or counter-questions or propositions to those of ihe Crown or of any Seignior ; but no more than five Number of

Counsel limit Counsel shall be heard on the part of all the Censitaires, unless ed. by the special permission of the Court, and if more claim to be heard, the Court shall decide between them which shall be heard ;

6. No publication or service of any such supplementary or Copies of counter-questions or propositions shall be necessary, but the counter quessame shall be printed, and, when they are filed, at least fifty fione

» be furnished copies thereof shall be delivered to the Clerk of Appeals, to all parties. who shall give copies to the Attorney General and to the Advocates appearing for Seigniors or Censitaires ;

7. From the expiration of the said thirty days after the last How the ques. publication of the said Questions, the matter shall be dealt with jions shall be by the said Judges, as if an appeal were pending and inscribed and ready for hearing, in which the said Questions had arisen for decision, but no case, or pleadings, or other proceeding than such as are herein prescribed shall be required previously to such hearing ; no technical oivjection of procedure shall be entertained, and if any question arise as to the proceedings in any matter not provided for by ihis Act, the Judges sitting shall instanter make such order therein as shall seem most equitable and convenient;

8. The decision and opinions of the said Judges shall be Form of motivées and delivered as in a judgment on a case in appeal in decisions. which all the Questions had arisezi and were put in issue, but withou: any further sentence in favor of the Crown the Seigniors or the Censitaires, whether as to costs or otherwise ;

9. The decision so to be pronounced on each of the said Effect of deciQuestions and Propositions shall guide the Commissioners and sions.

the

the Attorney General, and shall in any actual case thereafter to arise, be held to have been a judgment in appeal en dernier

ressort on the point raised by such Question, in a like case, Proviso. though between other parties ; Provided always, that it shall

be competent to the said Judges to render separate decisions Proviso: in upon any particular question or questions; And provided also, what case an that if, as to any such decision, there be any dissentient appeal shall

Judge, either party may, within one month, by summary petition duly notified to the others, appeal from such decision to Her Majesty in Hier Privy Council ; but otherwise, there shall be no appeal from any such decision ;

lie.

Special Session 10. The Governor may at any time and from time to time, by to be held for Proclamation, direct a Special Session of the said Judges to

333 be held at the City of Quebec or at the City of Montreal, and of this Act.

to commence on the day to be named for that purpose in such Proclamation, which shall be issued at least twenty clear days before the commencement of such Special Session ; and to any such Special Session all the provisions of the Act constituting the said Court of Queen's Bench, and of the law with regard

to the ordinary terms of the said Court (Appeal side) shall Quorum, apply; except that at every such Special Session, nine of the

said Judges shall be a Quorum : and the Questions to be pro

posed under this Act, and no other business, shall be taken up Duration. at such Session; and such Special Session shall continue

until no further matter or proceeding relating to this Act shall

be before the said Judges, who shall at such Session form a Proviso. special Court for the purposes of this Act ; Provided always,

that if for the purpose of holding any term, either of the Court of Queen's Bench or Superior Court, it become necessary to suspend the sittings of such Special Session, the

Judges shall,adjourn such Special Session to the first convenient Adjournment day after the close of such term ; and the said Special Court judgment

'may, after hearing all parties on the various matters submitted

to them, adjourn for the purpose of rendering judgment only, to any day thereafter, on and after which day they may adjourn for the like purpose ; and such adjournments for rendering

judgment may be to any day during or between any terms of the Proviso: said Court of Queen's Bench or Superior Court; And provided terms of other also, that it shall be lawful for the Governor, by any proclamaCourt may be

stion directing such Special Session, to suspend or posipone any or Assistant Term or Terms of either of the said Courts, or to alter the duration Judges ap. thereof; and also to name any Circuit Judge or Judges, or Barpointed.

rister or Barristers of at least ten years' standing at the Bar of Lower Canada, to be and act as Assistant Judges of the said Courts, or of either of them, during the pendency of any such Special Session, and of all adjournments thereof, and for such term of time before or after as he may deem necessary; and every person so named shall, for the term of such appointment,

have all the powers of a Judge of the Court whereof he shall Who shall have been named an Assistant Judge, except the powers given preside at such by this Act. The presiding Judge at every such special session

shall

shall be the Chief Justice of the Court of Queen's Bench is Special Sespresent : if absent, the Chief Justice of the Superior Court, and sion. in the absence of both Chief Justices, the Senior of the Puisné Judges of the Court of Queen's Bench then present.

PROVINCIAL APPROPRIATION FOR RELIEF OF CENSITAIRES AND

EXPENSES OF THIS ACT.

XVII. The emoluments and disbursements of the Commis- Expenses sioners who shall be appointed under this Act, with the ex- under this Act penses to be incurred under the same, shall be paid out of how para. the Consolidated Revenue Fund of this Province, by Warrant of the Governor : and a sum not exceeding in the whole what Fund for other shall remain of the amount hereinafter limited after deducting purposes of

8 this Act. therefrom the said emoluments, disbursements and expenses may likewise be paid out of the said Fund for the purposes of this Act : and it shall be lawful for the Governor in Council to Money may cause any sum or sums not exceeding in the whole the sum be raised by required for defraying the expenditure authorized by this Act, Debentures. to be raised by Debentures to be issued on the credit of the said Consolidated Revenue Fund, in such form, bearing such rate of interest, and the principal and interest whereof shall be payable out of the said Fund at such times and places as the Governor in Council shall think most advantageous for the public interest : and the moneys so raised as aforesaid shall make part of the said Consolidated Revenue Fund of this Province : Provided always, that the total amount of moneys Proviso : to be paid, whether in money or debentures, under this Act, total amount shall not exceed by more than one hundred and fifty thousand limited. pounds, the sum of which the average yearly proceeds of the other sources of Revenue hereinafter mentioned (upon an average of the last five years) would be the yearly interest at six per cent per annum added to the value of the Crown's rights in the Seigniories affected by this Act.

XVIII. The moneys arising from the following sources of Special approRevenue, shall be and are hereby specially appropriated to priated money make good to the said Consolidated Revenue Fund, the amount from cer

sources. which may be taken out of the same for the purpose of paying the sums charged upon it under the next preceding section, that is to say:

All moneys arising from the value of the rights of the Crown, Crown rights from droits de Quint and other dues, in or upon the Seigniories in Seigniories. of which the Crown is Seignior Dominant, and which are to be commuted by this Act as such value shall be fixed by the Schedules of the said Seigniories respectively, and all arrears of such dues ;

All moneys arising from the Revenues of the Seigniory of Lanizon. Lauzon, or from the sale of any part of the said Seigniory which may hereafter be sold, and all arrears of such Revenues ;

All

« السابقةمتابعة »