tained. 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. among section of the V. The amount of the Municipalities Fund in and for either Yearly diviSection of the Province remaining unexpended and unappro- sion of unappriated under the foregoing provisions of this Act, on the thirty-propriated bafirst day of December in each year, shall, by the Receiver Gene- the Municipa ral, be apportioned equally among the several County and City ties in each Municipalities in the same Section of the Province, in proportion province res to the 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- pulation. vince, or any other Act under which Census may be legally taken of the Municipalities in either section of the Province; and the portion thereof coming to each Municipality shall be paid over by the Receiver General to the Treasurer, Chamberlain or other Officer having the legal custody of the moneys of such Municipality, without other authority than this Act, 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 to Proviso: if the be made, any sum of money shall be payable by any such municipality Municipality to the Receiver General for any cause whatever, pay 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 shall 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 him; 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. have money to 4 V. c. 78. VI. So much of the Act thirdly cited in the Preamble of this Repeal of cerAct as limits the quantity of lands forming part of the Clergy tain parts of Reserves which may be sold in any one year without the imp. Act, 3 & 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. fore the last Imp. Act, to be payable during the lives or incumbency of the present recipients. Recital. Clergy of the Churches of England and Scotland, or to any other Religious Bodies or denominations of Christians in either Section of the Province, and chargeable under the Act of the said Parliament on the Clergy Reserves in such Section, (and to which the faith of the Crown is pledged) shall, during the natural lives or incumbencies of the partics receiving the same at the time of the passing of the said Act, be the first charge on the Municipalities Fund for that Section of the Province, and shall be paid out of the same in preference to all other charges or expenses whatever: Provided always, that the annual ain allowance heretofore payable to the Roman Catholic Church in Upper Canada, and to the British Wesleyan Methodist Church for Indian Missions, shall continue to be payable during the twenty years next after the passing of this Act, and no longer. Provincial government, with consent of parties interested, may commute such stipends, &c. for their value in money. III. And whereas it is desirable to remove all semblance of connection between Church and State, and to effect an entire and final disposition of all matters, claims and interests arising out of the Clergy Reserves by as speedy a distribution of their proceeds as may be: Be it therefore enacted, that the Governor in Council may, whenever he may deem it expedient, with the consent of the parties and Bodies severally interested, commute with the said parties such annual stipend or allowance for the value thereof, to be calculated at the rate of six per cent. per annum, upon the probable life of each individual; and in the case of the Bodies above particularly specified in the second section of this Act, at the actual value of the said allowance at the time of commutation to be calculated at the rate aforesaid: and such commutation shall be paid accordingly out of that one of the Municipalities Funds upon which such stipend or allowance is made chargeable by this Act: Provided always, that no commutation shall take place but within one year next after the passing Proviso: of this Act: Provided also, that in case of commutation with commutation either of the said Bodies or Denominations, it shall not be money to Religious lawful for them or either of them to invest the moneys paid for Bodies not to such commutation, or any part thereof, in Real property of real property, any kind whatsoever, under penalty of forfeiting the same to Her Majesty; and that the said Bodies or Denominations shall lay before the Legislature whenever called on so to do, a statement of the manner in which said moneys shall have been invested or appropriated. Proviso. be invested in &c. Sufficient of such funds to be retained to pay stipends, &c. while chargeable on the said Funds, IV. So long as any such stipend or allowance shall be chargeable upon either of the said Municipalities Funds, a portion of such Fund producing annually interest sufficient to pay every such stipend or allowance then chargeable thereon, shall be retained by the Receiver General, and appropriated for that purpose, and if not already invested shall be by him. invested in Public British Securities, or in any Provincial Debentures or Securities which under the Act to establish freedom of Banking or any Act amending the same, may be accepted tained. 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. lance among section of the V. The amount of the Municipalities Fund in and for either Yearly diviSection of the Province remaining unexpended and unappro- sion of unap priated under the foregoing provisions of this Act, on the thirty- propriated bafirst day of December in each year, shall, by the Receiver Gene- the Municipa ral, be apportioned equally among the several County and City Inties in each Municipalities in the same Section of the Province, in proportion to the population of such Municipalities respectively according pectively, acto the then last Census made either under the Act to provide cording to population. more effectually for taking a periodical Census of the Province, or any other Act under which Census may be legally taken of the Municipalities in either section of the Province; and the portion thereof coming to each Municipality shall be paid over by the Receiver General to the Treasurer, Chamberlain or other Officer having the legal custody of the moneys of such Municipality, without other authority than this Act, 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 to Proviso: if the be made, any sum of money shall be payable by any such municipality Municipality to the Receiver General for any cause whatever, pay 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 val. 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 shall 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 him; 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. have money to 4 V. c. 78. VI. So much of the Act thirdly cited in the Preamble of this Repeal of cer Act as limits the quantity of lands forming part of the Clergy tain parts of Reserves which may be sold in any one year without the imp. Act, 3 & 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 Acts hereinbefore cited, or any of them, accepted in Clergy Reserexchange 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. ves. Preamble. Acts 8 V. c. 42, And 12 V. c. 49, CAP. III. An Act for the abolition of feudal rights and duties in W [Assented to 18th December, 1854.] HEREAS 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, eannot 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 and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, as follows : I. The Act passed in the eighth year of Her Majesty's 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, An Act to amend the Act passed in the eighth year of Her Majesty's 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,' shall be and they are hereby repealed in so far as regards the Seignories to which this Act applies: but deeds of commutation granted or other things done under them shall Act extends. remain in full force and have the same effect as if the said Acts had not been repealed. Repealed as regards Seig niories to which this DETERMINATION DETERMINATION OF THE PRICE TO BE PAID BY SEIGNIOR AND II. It shall be lawful for the Governor to appoint Commis- Governor to sioners under this Act, and from time to time to remove them, appoint Com and to appoint others in the place of any so removed, or dying missioners. 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 : (6 I, swear that I will faithfully, and without Their oath ca 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- Remuneration vices under this Act, and for their necessary expenses and disbursements, such compensation as shall be allowed to them. respectively by the Governor, and no other fees or emoluments whatsoever. in the Sei 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 to each other, so that any one of them, if need be, may con- gniories astinue and complete the work begun by any other of them; signed to them 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. dule 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 Scheto each Seigniory which shall be assigned to him as aforesaid of each Seigniory, by the Governor, and to draw up in tabular form in triplicate, a shewing: Schedule of such Seigniory, shewing: 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 Seigniory; Seignior or otherwise, including in such total value, the value of the rights of the Crown; the Crown 2. The value of the rights of the Crown in the Seigniory, in- The value a eluding the value of the droit de quint, and all other valuable the rights of 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; |