.%. IMAGE EVALUATION TEST TARGET (MT-S) W/ / ^ ^j.. '^^ 1.0 Uim |2.5 |5o "^^ HlHi I.I \M i U IL6 6" Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 4\^ ^ JV ^ o l\ ^ ^^ ^ >!i >?^ ^"'^^ fe CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic IMotes/Notes techniques et bibllographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. D D D n n Coloured covers/ Couverture de couleur n~| Covers damaged/ Couverture endommagie Covers restored and/or laminated/ Couverture restaurie et/ou pellicula Cover title missing/ Le titre de couverture manque Coloured maps/ Cartes g6ographiques en couleur Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bieue ou noire) I I Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur Bound with other material/ Relid avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ La re liure serrdc peut causer de i'ombre ou de la distortion le long de la marge int^rieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certainas pages blanches ajouttes lors d'une restauration apparaissent dans le texte, mais, lorsque cela 6tait possible, ces pages n'ont pas 6ti filmdes. Additional comments:/ Commentaires suppl^mentaires: L'Institut a microfilm^ ^e meilleur exemplaire qu'il lui a 6t6 possible de se procurer. Les details de cet exemplaire qui sont peut-Atre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la m^thode normale de filmage sont indiqu6s ci-dessous. I I Coloured pages/ D D Pages de couleur Pages damaged/ Pages endommag^es □ Pages restored and/or laminated/ Pages restauries et/ou pellicultes Pages discoloured, stained or foxed/ Pages d6coior6es, tachettes ou piqu< piqutes Pages d6tach6es Showthroughy Transparence Quality of prir Quality in^gale de I'impression includes supplementary materii Comprend du materiel suppMmentaire FTI Pages detached/ j~yl Showthrough/ I I Quality of print varies/ I I includes supplementary material/ Only edition available/ Seule Mition disponible Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata, une pelure, etc., ont 6ti filmtes A nouveau de fa9on d obtenir la meilleure image possible. This item is filmed at the reduction ratio checked below/ Ce document est filmi au taux de rMuction indiquA ci-dessous. 10X 14X 18X 22X ^ 12X 16X 20X 26X 30X ^iW#\ 28X n 32X The copy filmed here has been reproduced thanks to the generoRity of: Library of the Pubiic Archives of Canada L'exemplaire film6 fut reproduit firflce it la gAnArositt de: La bibliothdque des Archives publiques du Canada The images appearing here are the best quality possible considering the condition and legibility of the original copy and In keeping with the filming contract specifications. Original copies In printed paper covers are filmed beginning with thn front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol — »• (meaning "CON- TINUED"), or the symbol y (meaning "END"), whichever applies. Les images suivantes ont At6 reproduites avec le plus grand soin, compte tenu de la condition et de la nettet6 de l'exemplaire film*, et en conformity avec les conditions du contrat de filmage. Les exempiaires origlnaux dont la couverture en papier est Imprimie sont fiimis en commenpant par le premier plot et en terminant soit par la dernlAre page qui comporte une empreinte d'Impression ou d'iliustration, soit par le second plat, selon le cas. Tous les autres exempiaires originsux sont fllmAs en commenpant par la premiere page qui comporte une empreinte d'impresslon ou d'iliustration et en terminant par la dernlAre page qui comporte une telle empreinte. Un des symboles suivants apparaltra sur la dernidre Image de cheque microfiche, selon le cas: le symbols — ► signifie "A SUIVRE", le symbols V signifie "FIN". Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc.. peuvent Atre filmAs A des taux de reduction diff Arents. Lorsque le document est trop grand pour Atre reproduit en un seul clichA, 11 est film* A partir de I'engle sup6rieur gauche, de gauche A droite, et de heut en bas, en prenant le nombre d'imeges nAcesssire. Les diagrammes suivants lllustrent la m6thode. ; 1 2 ^ 32X 1 2 3 4 5 6 THE SFJrxNTOETAT, WMVif. IN CANADA, AND PLAN OF COMMUTATION DV J. C. TACIIK. " It is ovideiit that no ^reai law reform can ** 111! di.'visL'tl, witliDUt tliM 0(.'tniiicii!'o of imlivi- '' dual cases of liardshij), and that sclieiiK; iruist " bcconsidca'dtlie m"st eliiiiblo whir li contains " tliu best ireneral rule." (Report of the C'ommission(3rs of IS 13.) '' ludubio libertati favenduni est." (Roman Aphorism.) PRINTED BY ORDER OF THE LEGISLATIVE ASSEMBLY {Translated from the French.) QUEBEC: PRINTED BY LOVELL AND LAMOUREUX, AT THEIR STEAM-rRINTINQ ESTABLISHMENT, MOLXTAIN STllEET. 1854. To the 3Itmhcrs of the Sci'jnlorial Cuucrafion of the Cumtij tf Riniauski. In cnmpllance with your wishes, I now oflur you a now project for the settlcmoiit of th'j Soigniorial Tenure in Canada. The only reward I desire in return for my hibours, :-S that you will seriously and impartially examine it. I crave pardon for presenting you '^ith a paper which bears evidence of havlut!; been hastily drawn I'p, — in compiruig it. nov/ever, I had, above all things, to be concise. Your devoted servant, imouski; 21st February, lS5i J. C. TACllfc. Tif^A ROOMS OF THE RDIOFSKI CONVENTION- of rs, oil it In obodicnro to the instrnctions given ill n pnlilio mo(!tin.r^ of the Parish of St. (icnii'-rni do Uimouski, licld on tin; uvflflh of Frbruiiry last, the (.'ominilteti of (»igaiiiz;Ui()U w liicli was then foiislimicil, issiK-d a Circular to the ditfiTcnt riu-islies of llic! County calling upon tln'iu to elect delegates witli a vi''\v to the eslahlisliing of a ►Seigniorial Convenlion, tt> sit at Riuiouski, on the Iweniy-first of the i)reseut month. J. liTE. LEPAGE, Secretary to the Committee of organization. RimonsUi, 21st February, 18o4. MINUTES or THE SEKiNIORIAL CONVKNTION OF TTIE COUNTY OK niMOUSKI, HEGUX AM) MELf) yi ON THE 21ST FEBRUARV, l(S54. ni' \ V ■v J. C. TACIIE, Es(iaire. I\I. P. P., President, P. GAUVIlEAl', Enquire, I IW.S. DIONNE, K;-.quire, S P. L. (JAUVHfLVU, Esquire, L. F. GAIKJN, Esquire, ^'ice-Presiden1s. e ) ' > Secretaries. Dcleijntcs [ircscnt MM. A. Ilertrand, GreiMi Island, , MM. M. Lepage, liimouski. ,J. file, l^jt'langer, . . St. Simon, M. Col J, Kinumski, J. Cute, Hie, F. Chamberland,... liic, C. F. Caron, St. Simon, S. Ct>te, Green Island, .J. H. Ciiamberland, Kakoima, J.Durnin Stc. Flavie, .L Dulvemblo, Ste. Flavie, P. Dechamplain, .. St. Luee, Dr. Dube, Trois Pistoles, Ed. Durelte, St. Floi, Dr. Dosjardins, Green Island, Benj. J)ionnc, Kakouna, .1. Fourner, Ste. Flavie, J. Forbes, Matane, A. E. Gauvreau,... Ste. Luce, P. Gauvreau, liimouski, L. P. Gauvreau,.... Rimouski, J. Garon, Rimouski, L. F. Garon, Rimouski, D. Gagne, St. Fabicn, L. A. Huot, Matane, F. Hudon, St. Simon, J. Heath, Green Island, J. Lovcsque, Mills, A. Langevin, Ste. Luce, C. Lepage, Rimouski, II. Lepage,. Jvim OUSKl, J. Lepage, Rinu)uski, L. .L Lepage, liimouski, L. Langis, Rimouski, .1. Levesque, Trois-PJslolos, IL McOwan, Mitis, E. Martin, Rimouski, A. ^lercier, St. Simon, M. Martel, Trois-l'istoles, T. Maurault, Green Island, G. Pellelier, Ste. Flavie, li. Parent, Ste. Luce, O. Pincau, Rimouski, J. Pouliot, Rimouski, J. ]>. Pouliot, River du Loup, J. Roy, St. Fabien, C. Rioux, Trois-Pistoles, P. Renouf, Trois-Pistoles, R. Sproal, Mills, J. B. Saucier, Stc. Flavie, M. Santerre, Ste. Luee, J. Sirois, Kakouna, T. St. Laurent, .... Kakouna, G. St. Pierre, St. Fabicn, A. Tremblay, Ste. Luce, J. C. Tache, Rimouski, IL Turcot, St. Eloi, L. Voyer, Bic. The Seigniors who took part in the meeting were : Messsrs. D. Fergusson, Seignior of Mitis, L. N. Gauvreau, Seignior of Villerai, C. Rioux, Co-Seignior Trois-Pistoles. 11 After tlio nirctlngliud spent some flmo in drlihomlion, the following motions wort! made : — Dr. J)iibe moved, seconded by .Mr. A. E. (Janvrcuu : Tliat il, I~ : resolved thai tlio Seiijniorial (jucstion is a tneasnre of urgent neccs- siiy, :ind that tlit-rc is no other means of iinmediiitely detcrmiiiing il than liy adopting a uniforui and siniplilied sysl explana- tions and commentaries accomjianying it for the |)urpose of distribution among the public at large. Carri(ul unanimously. JNIr. John Heath moved, seconded l)y Mr. Charles Francois Caron : — That this Convention, in the name of the Connly of liinuiuski reipiests the other Counties maturely to examine the project of Dr. 'i'ache, certain as the said Convention is, that this [)roject which does justice to all i)arties, will be adopted after a serious examination. Carried unanimously. Mr. J. Caron moved, seconded by Mr. R. Sproat: — Th'.it this Convention entertain the opinion that the members from Up, jr Canada will support the members from Lower Canada on the important question of the abolition of the Seigniorial rights. Carried imanimouftly. ]Mr. L. A. riuot, moved, seconded by Mr. F. Chamberland, that in answer to the appeal from the County of Kamouraska to the inhabitants of this District, this Convention offers for its consideration the project just adopted. Carried unanimously. Mr. J. B. Pouliot moved, seconded by Mr. J. Garon, That in order to hasten the immediate solution of the Seigniorial question, it becomes necessary that this Convention should come to an understanding with the other Anti-Seigniorial Conventions of this Province with a view to the adop- tion of a vmiform plan for the whole Province, to be submitted at the next meet- ing of the Legislature. The said motion was rejected by the whole of the meeting except the movers, on the principle that it was calculated to affect the adoption of the project in question, and that the Convention had already appealed by a Resolution lo the other parts of the Country. On motion of Mr. J. Forbes, seconded by Mr. J. B. Pouliot ; Picsolvcd that ihe thanks ol" this meeting are due to the President, both for his services in the present circumstance, and his constant efforts to promote the m- terests of the Country and of his County in particular ; and that the same thanks are also due to the' Vice Presidents and Secretaries, for the interest taken by them in the present question. True Copy. P. L. GAUVREAU, 1 secretaries. L. F. GARON, j '^ r. X liadliiiiicTto only considorcd tlic ytigniorial Tenure wltii a view to tlie rcilrcssiiilioiih!ers is the hurtlu-n placed, and to him in sueh ease Ixlongs tlie choice. Any law tending to ehimgethe luiture ct'a privilege ha> fur its ell'ect to ease the hnrtlien of hin\ who sutlers. Witiiout this the law would l)e useless or vexatious. "It would bo an act of sovereign injustice," said the Inspector (Jeneral, Mr. llincks, iti 1853, " to impose a forced coninuitation, and this on account of the exactions of the Seigniors." This appears evident, in .so far asit relates to a Law for regulating private transactions; in such a position, the Seigniori:d (pie>ti;vi eorJd oidy b? solved by nie.ans of a law establishing the respective rights of Seigniors and Censitaires, and by a law of volinitary connnutation. I desire no further proofs of the justice of this opinion in itsapjilieation, than the contest of interests, the multiplicity of pretensions, and theeonilict- in" authorities, to v;hich may be added the mass of d< tails which characterise all sciiemcs of settlement. This id(\'X has been bnught out by Mossrs. lltichMiian, Tasehcre;ui, and Smith, in the report of ISl", and it was also the oi)iinoii of the Cununittee of \xr>l. Jlaiipily, however, the (luestion may be looked at in a i)roader light. 'J'he feudal te- nure tranuiuls not only theCensitaire, but society at large, and, touse thesj)lrited language of old tradition, " Voifvrmc sons iwrtcsrt f/ni,c Hclj^iiior should be iiuli'mnifii'tl to the full amount nf what !.> justly Ayu- to him ; that th('('cii«iifaire shouM \K\y an iuiu)uut ciiuivalout to what is due hy him ; tliat society ou^fht to coutiihiitt' in j)roporti( i to the l)ouflits it would roceive, and the saiTiticc it would itui)'»»(' : for a sacriH'*!' it is that society imposes on the Scii^nior in forcing him to provi If aii.thcr means of Im rsfoient for Ids cnnital. aiul a like sicrKicc it impusei 0.1 tlio C'ensitaire in compclli!!;.^ him to redeem those casual dues which lie uuv,- [)ays only iu virtue of an act of his own will. V /->.y * '•^^■\ r II It is expedient in the first ])!:ico to i;^iUMl lluir i';j;hts, nml in li'.''.4 Louis XIV* cm- titut tl the C"iii|miiy of the VVest Iiidics, to wliiili he ceileil, in ry of Ciod and the Christian name, the first and niuiii oh- jcct (if the estahlishment of a IVench Colony in Canada, (i'-c., , "Having [j;iven notice to Charlotte Lacomlje, widow of Antninc Cadde, that we desired, in conformity v.'itli the will oftheKinf^, that she should turn to account and .settle the Tilviercdela ^laileleine witl-.out having eomnicnced lo make any •'. Itlement upon the said river and lands, v.-herefore wc ii.f>rined her that we hlioold reunite the said river and lands ei^reedcd to the said (.'adde tj the uomain of His Majesty, //(((f hr mlijhf grt it to \v l)urthening the contracts with resiTves and charges of every kind. In vaii\ did the ('cn^itaires pray tluit the I.egi.-ilaturc woidd take tlu-ir hardships it>to consideration. The Keport of IN.'M remained without being carried into eH'eet ; the Address of the llimsi' of A.ssembly of lS2i, praying " that the right of the sidyect to a conceS'itin of wild lands, subject to the rf/^romwry i Imri/cs and contfilinnx niiglit be preserved intact," was unheeded ; the proceedings between tho years IH'Jl and \>*'M') were alike unsuceessfid against the arbitrary will of the ( Jovernment, nnd since 17))3, the date of the first eneroaehments. the exaggerated pretensions of certain Seigniors Inwc been protested against, niul have been exercised in opposition to the will of the popidntion of the Country. T cannot conclude this brief sketch of the History of the Seigniorial Tciuirc ia Canada, without cpioting the touching representation made by the (Jensitaires of Lacollc, of the encroachments exercised to their detriment. "The original .settlers in these Seigniories are what are termed in Canada West. Unifcd I'm/'iru Lni/nh'sts. They were persons, wlio from their devotion to the I'ritish Crown at the time of the Revolution in the AtTierican Colonies, and on the final setthmentof tho boundary between the Amer- ican T?epublic and the present Uritish American Ccdonies, left their all in the Kopublic nnd in a state of poverty betook themselves to the nearest I'lritish possessions. Thus they arrived at the Seigniory de Beaojeu on the River LacoUe, now the Seigniory of Lacolle which was during the Rcv(dutionary troubles aiul the uncertainty ol tiieir final issue purchased for a mere triHo by IMajor (Jeneral Christie, of the British .Vrmy, from ^Ir. l)e Beaujcu, the grantee of the Crown. At the time of the arrival of these unfortunate sufferers in the country, they foiuul a large tract of the wilderness in the possession of the said General Christie, and in their then needy state, it was absolntely incessary thut they should obtain Irnds for the support of their numerous families, without delay suffi- cient to enable them to inform themselves what the original conditions were, upon which the lands were held by the then possessor. Nor was it easy at that time (say sixty years ago) for persons of their condition to obtain such information, and believing from the exalted station of the individual, that he would not impose any burthens beyond his legal rights, they accepted the lands from him on his own conditions, and such as they and their descendants are convinced, he has no legal right to impose, being bound to them by contracts ; in all cases where the Ceiisitaircs have appealed to the Courts of Justice and pleaded tho charter, the Courts have, invariably of late years, set the charter aside and condemned the contract, as if it were a voluntary one." — (Documents of the Commission of 1843.) I may be permitted to remark that, at the same time that the United Empire Loyal- ists sacrificed to their loyalty the interests of their families, the French population who were not influenced by the same motives of attachment, rejected the offers of the New Republic, and that several years later, (in 1812,) they shed their blood on the frontier to defend the integrity of British territory. Under these circumstances, there is not a man of honour, throughout the extent of the Empire, who will not admit that Government is bound to make the most ample reparation for wrongs which unite the character of in- gratitude with that of injustice. Ill The first step to be taken for tlie settlement of the Seigniorial question, is to reduce the respective pretentious of tlie Seigniors and Censitaires to their fair value and .set each in the positions assigned to them by the laws which guarantee tl." riglits of the one party and the other ; happily this requires neither tin.e nor trouble, for the altogether excep- tionable position of Canada, as compared with that of the Districts in France governed by the customary lav.- has had the effect, that every important (picslion with reference to the Sei- gniorial Tenure has been decided in a clear and definite manner by the Kdicts, Arrets and Ordinances ; so that almost the sole rennaning connection Avith the French feudal law is the use of the feudal language which gives a value to certain expressions as for instances the words ecus, hunulilc. Let it be clearly understood that 1 only allude here to v/hat has reference to the Concession of Land< and that 1 do not intend to speak of tiie application of the feudal law with respect to inheritance, succession, and other circumstances in civil life. In eflect, the Crown grantcil to certain individuals as Seigniorial grants, lands of great extent, witli the object emphatically exprcs.-.ed of settling them, and fur thepurpose of rendering the concession thereof to the people, both speedy and unattended with difficulty , thereby reserving the right to regulate and limit the extent of the privilege, according as tlie requirements of the Colony became apparent, and to resume the grant made in trust, as cir- cumstiinces recpiired, without by so doing eon)niitting an act of injustice, inasmuch as the management having ceased, there was no further consideration for the fnQn attached to it» " The Law of Canada," says our historian I\Ir. Garneau '' at first only looked upon the Seignior in the light of a steward to Government." These concessions were generally made in preference to those who had rendered services to the state or distinguished thera- selvc-r, by their talents and energy. This was effected as follows: the King held in reserve for the wants of the Peojde, lands designated as the Royal Domain In the distribution of these land^ some sort of admi- nistrative system was required ; the King, reasonably presuming that in dispersing through- out the extent of a new country a number of intelligent and active men, charged to effect its settlement, in considerntion of a certain profit accorded to them as the settlement ad- vanced, appointed agents to whom he conceded land suflicient in extent fer the founda- tion of a s.nall colony ; he obliged them to settle thereon, and for this purpose these agents were permitted to select for themselves, each within the limits of his agency, a lot of land for their exclusive use (origin of the private duinaiii). The King, being desirou.s of ensuring the obedience of his agents required them to present themselves from time to time to take an oath to that effect {origin of the fmlty and homage). The King, anxious to watch over the settlement of the Country, and to obtain with ease all neeessary informa- tion as to the progress of the colony required his agents to furnish him this information {origin of the rent roU, aieu et denomhrcment). To prevent the interest established in favor of the agents in the property committed to their charge being used by them for purposes of speculation, the King ordained that in case of sale of the right of investiture he should be paid one fifth part of the purchase money {origin of the quint.) To prevent the agents from mal-adminittration by refusing to effect settlements, by selling or by exacting rates which might be too burthensome or prohibitory, the King required 11 them to concede to nil, indiscriminately, at a rate universally made Icnov.n (origin of the obligation to concede at the customarij charges loithout exacting an;; sum of mone>/ or other conditions. Mills for the gr'ndlng o,' grain having been found neces'iary for the maintenance of the Colony, and the settlers being too poor to erect them for themselves, the King re- quired the agentfi to erect them, and to render this obligation less burthensome, he compelled the settler to make exclusive use of the mill connected with the a*ency to which ho belonged, and to pay a fixed toll for its service, (origin of bancdify). The King» desirous of compensating his agents for the trouble and expenses required in this superia- tendcnce, permitted them to levy upon each settler benefited by such superintendence, an annual rate attached to each superficial arpent of conceded land ; in affecting in this manner each arpent conceded, the King had a further object in view, which was to induce the settlers to concede only so much land as they could turn to advantage, (origin of the rents). The King, anxious to facilitate the management of his agents and induce the settlers to assume the sedentary habits of th^ husbandman, by discouraging frequent mutations obliged the tenants to pay to the agents one twelfth of the price of each sale of land (origin of the cens hearing with them the right of lods el ventes.) Finally, fo inspire the settlers with the respect which was due to those occupying an intermediate position between the King and his people, the Royal Acts addressed th'^se agents as Seigniors, appointing them the dispensers of justice according to their capacities and to circumstances ; this quality, in virtue of the Custom, invested with cer- tain honorific (and sometimes lucrative) rights Hie individual upon whom it was conferred. All the other rights claimed by certain Canadian Seigniors are encroachments, with the exception of the right of pre-emption or Retrait Convent ion cl, which is properly speaking only a guarantee afforded by the Censitaire to the Seignior, of the good failh of his transactions, and which does not in itself constitute an immunity ; unless it be pretended that it gives a right to the Seignior to select his Censitaires; a principle correct enough if applied to the European Lord of early history whose vassal was his man-at- arnis, but v/liich ctuld not reasonably be applied in Canada. From the thousand and one documents which testify to the correctness of the definition I have just given, I will only cite a few passages from the Arrets of IdSG and 1711, or the Arrets of Marly, from the ordinances of the 8th May and 16th November, 1727, and from the grant of the Seigniory of the Lake of Two Mountains, which bears a special and privileged character, I will add a quotation from a letter by Messrs. Beauharnois and Hocquart, to the then Minister, it being in effect a commentary upon the grant to which I have just referred. The Arret of 4th June, 1G86, has reference to banality, and enacts as follows : ** His " Majesty the King sitting in Council, having been informed that most of the Seigniors *' who are proprietors of fiefs in New France, neglect to erect the banal mills necessary /or " the subsistence of the inhabitants of the said Couutri/, and in order to remedy an evil so " prejudicial to the welfare of the Colony, hath ordained and doth hereby ordain that all the " Seigniors shall be bound to erect therein bar.al mills " within one year after the publication of the present decree &c., &c." It may be remarked here that a great difference exists between this right of banality or rather this obligation to build grist mills, and the pretended right to the unnavigable streams and water courses. Who wants the end wants the means ; the Canadian Seigniors have undoubtedly the right within the limits of their fiefs to the possession of the water-power necessary to drive their banal mills, but all appropriation beyond that must be regarded as an encroachment ; the proprietor whose land borders on the stream and who suffers inconvenience from the channel of a water course traversing ^ 12 his property, should enjoy the advantages offered by nature in compensation ; the depar- ture from this general principle in favor of the High Justiciaries of France brought about a state of things which has never existed here. The Arret of 1711, dated at Marly, defines the obligations of the Seignior towards the settler in the following terms : " And His ]Majcsty ordains that all the Seigniors in the " said Country of New France shall concede to the settlers the lots of land which they may " demand of them in their Seigniories, at aground rent, and without exacting from them *^any sum of money as a consideration for such concessions ; otherwise and in default of " their so doing. His Jlajesty permits the said settlers to demand the said lots of land from " them by a formal summons, and in case of their refusal, to make application to the " Governor and Lieutenant General and Intendant of the said Country, whom His Majesty " enjoins to concede to the said settlers the lands deuianJed by them in the said Seigniories, "for the same dues as are laid upon other lands in the said Seigniories, which dues shall " be paid by the new settlers into the hands of the receiver of His ^Majesty's domain, in " the City of Quebec, without its being in the power of the Seigniors to claim from them " any dues of any kind whatever, &c., &c." This act is the ratification of the Colonial Policy of the King of France, and suffices to prove that the Seignior was not at liberty to sell at any price, however low it might be, and that on the contrary he was bound to concede, at the customary rates, because in substituting the Governors and Intendants for the refractory Seignior, they are enjoined to conform to the ordinary rates. This provision respecting the customari/ rents springs as it were from the prohibition to sell and exact any sum of money as the price of concessions. " Without a uniform rate" says Mr. Leblanc, " the rule of conces- sions would be a mockery for this reason, that tliey might be evaded by a demand of rates so high that the Censitaire would be unable to accept them." Mr.Badgley remarked before the Committee of 1851, " It must be evident that a high money price for the lot or an " exorbitant charge in the shape of rent, affect the matter in precisely the same iTianner." The following are the terms generally contained in the grants to the Seig- niors, "to the ordinary cens, rentes, and dues per arpent of land in front by forty in depth." The nature of the privileges granted to the Seigniors, having been defined, we have now to examine their extent, by establishing the exact value of each of the rights of cens €t rentes, lods et ventes and banality, the only rights we shall consider, they being the only ones they possessed after ceasing to hold the office of Justiciaries, The Ordinance of 8th May, 1727, signed Dupuy, speaks incidentally of an Ordinance of Raudot which condemned the inhabitants to take out a new title from the Sieur Lev- rard, " at the simple rate of 20 sols and a live capon for each arpent in front, by twenty in " depth and six pence of cens, for the whole of the said concession." The Ordinance of IGth November in the same year, speaking of customary rates, enacts as follows : The King being desirous that in order to a more rapid settlement of the country, the Seigniors there should concede the lands at a low rate, there are hardly any lots of land which are conceded at more than one sol per superficial arpent and at one penny of ce7is, and that there are on the contrary a great number of lots of land which are conceded at sixpence per arpent, only, though covered with beautiful timber, the cutting of which is the first profit realized by the grantees. (It may be here remarked that this latter clause establishes that the reservation as to the cutting of timber, contained in contracts dated within a certain number of years back, is an extortion.) In the Deed of Concession of the Seigniory of the Lake of Two Mountains to the gentlemen of the Seigniory of St. Sulpice, the cens et rentes are nominally fixed as follows ; — " That they shall concede such lands at the mere rent of twenty sols and " one capon for each arpent of land in front by forty in depth, and six-pence {six deniers) lar- It a irds I the [nay Vicm It of iVom the jcsty jries, Islmll ., in them 13 " of cens, and they shall not mention in the said concessions any sum of money or any " other charge except tl.e mere rent." Now, this grant having been made to a privileged order, subject to the oneroua and exceptional condition of erecting a church and a fort, and of converting the Indians, nm:!t have authorised the exaction of tiie maximum of concession rates, and indeed we have proof of this conclusion in the letter written by Messrs. Beanharnoisand Ilocquart, the Governor and Inten .int, at the time at which complaints were brought by the gen- tlemen of the Seigniory of St. Sulpiee, as to the obligation they were under to concede forty arpents in deptli. '• We are ignorant of tlie reasons which have determined His " IMiijcsty to establish in the patent of 1718, the depth of the concessions at forty arpents, ' and the amount of the cens and rentes.'''* " It was thought that his intentions would be followed out by inserting in the conces- "sionsofl733 at the customary cens, re«ics and dues per arpent of land in front, by '•' forty in depth." '' The observations respecting the justice and equity of proportioning the cens and " dues to the amount of the property which might be more valuable in one place than ia " another, is deserving of consideration ; and it appears to us that His [Majesty may be satis" " fied by only inserting in the new patent the words, " at the customary cens, rentes and " dues per arpent of land." " This vague expression will allow the gentlemen of the Seigniory the liberty to con- " cede a greater or less depth, and at a larger or smaller amount o^ cens et rentes, in pro- " portion to the extent and value of the lots conceded, and as the usages differ in almost " every Seigniory, the term customarij only denies to the ecclesiastics the right of mak- " ing their ordinary concessions less than twenty arpents in depth and of exacting higher " rents than twenty sols for every twenty arpents in superficies, and one capon or its equi- " valent in corn. With respect to the cens it is a very moderate charge, which is sup- " posed to be established only as an acknowledgment of direct Seigniory, bearing with jt ** lods et ventes; the customary amount in Canada is from six-pence to one sol per arpent '' in front, by the entire depth of each concession whatever that depth may be." " The declaration in the Memorial, that the Seigniors in Canada as everywhere else, " have the right to concede d cens et d rentes such quantities of land at such charges as " they may think proper, is not correct as regards the charges, the constant practice " heing to concede at the ratee above stated, and stilt more frequently at a lower rate " If the alleged liberty really existed, it might be greatly abused, in causing the con- " cessions which ought to be q^uasi gratuitous to become regular Deeds of sale." — (This letter bears date Gth October, 1734:.) From ail the preceding statements, valuing the capons of that time at 15 sols (Mr. Eaudot said the capons were only worth 10 sols in 1707,) It is evident that the maximum of all the dues never amounted to the sum of 2 sols before the Arret of Marly and the Ordin- ances of 1727, which are now in force. " Notwithstanding these different modes in which the " wheat rent was made payable, it is a remarkable fact, that on a just calculation, the result " will be found the same, and the highest rate of concession in the District of Montreal, " previous to the Conquest, will be found not to exceed one penny for every superficial " arpent, valuing the wheat at one shilling and eight pence per bushel.— (Commission of 1843.) " The customary rates of which mention is made in the Arret of Marly, were " well known in the Colony, and did not exceed one sol per superficial arpent, and half " a bushel of wheat, or a capon and one sou of ccm for every arpent of frontage. — (Attorney General Drummond.) 14 ^Tith rcioners of 1813, after having cited all the French laws, say, " Such was " the law of the country at the period of the conquest, and it still remains in all its force and vigor. Mine. Tache, Seigniorcss of Kamouraska, in answer to the Commission of 1S48, says, " lloth my jjrcUcessors and myself have, as far as I can judge, been guided in the concession of lands by ! he arret of the Conscil d'Etat of 1 lis Most Cb'-istian ?.Iajfsty, bearing date Oth duly, 1711, as regards all the conditions of the concessions." jMoreover, tn that Seigniory, and in a large number of others, the cms cl rentes exacted are far below iwo Sous per .superficial arpcnt, and will not the Seigniors who have acted in conformity, to the laws and to the moral obligntions v.'hich it imposes, be an obstacle to the solution of the question. We now come to the proposition that the additional conditions in tlie concessions arc matters of private agreement, and guaranteed by contract between the parties. A contract made in contravention of a formal law is not a contiact, and this niaxira applies .. ore specially to those species of transactions which alFoct the grmiud-wonv of society, family rights and property. A sfijjitlution entered ialo in euittnicentuju nf nnhllc law, is not vat id. .More especially does this ai)ply in the present ease, when one of the parties has reaped profit from the misfortunes consequent upon conquest, politi al stru"-- gles, advantages of superior education, position on the Deneh and in the Legislature, and from the weakness and poverty ef the other party. Viewed even in the light of private transactions, these contracts are y)/e^)oji'//re null on the face of them. '" The validity of every contract depends on four conditions, consent, capacity to contract, an object the substance of tlie contract, and a liiwful cause for the obligation." Does consent exist on the part of the settlers who have in vain striven by every possible means to release themselves from these acts of encroachment ? W.is the unfortunate head of a Aimily free who, abandoned by his only protector, the Government had to choosebetwcen misery or banishment and the contract that was oftere i to him '? Did the capacity to make the contract exist on the part of the Seignior when liesild a por- tion of a property which did not belong to him, and which did in fact belong to the purchaser ? Was there a lawful cause of obligation when the Seignior, like an unfaithful steward, failed in the trust reposed in him? When, regardless of his oatli of .culty and homage, he trod under foot the commands of his Sovereign, turning to his own profit the property of the people, and cast the heaviest obstacles in the way of the advance- ment of his country ? The fraud is clearly palpable, and in certain cases is accompanied by a profligacy denoting long premeditation. " We cannot overlook," say the Commissioners of lS-13, 'a stratagem of which some Seigniors, as we are informed, " have avaded themselves to elude the law prohibiting sale by the Seignior of uncleared " lands, or their concession for rent with an additional bonus. The mode of proceeding *' to obtain this object is by making a fictitious concession to an agent or friend, who forth- '• with sells the land and pays the price to the Seignior." I could cite contracts calculated to make «ne blush, but it is not my design to excite the passions, and I implore the Censitaires to be meek and calm, as is the duty of a citizen who, confident in the justice of his cause, feels that his duty is per- formed. There are, moreover, a number of Seigniors whose conduct coininand.-. respect, and also a number in whose behalf circumstances and human weakness must be invoked. Let us blot out the past — a grievance which has ceased is speedily forgotten. 16 I cannot abandon this subject without citing the opinion of thi; Attorney General in 1794, addressed to Lord Dorchester ; speaking of recourse to the Courts of Justice, he says, '•the enormous expenses attending an appeal to His Majesty in Council, to which the Seig- nior is entitled, deprives the Cen&ituires of the possibility of obtaining justice and compels them to abandon their rights, and throw themselves upon the mercy of their St;ignior, who compromises the action and grants a new dee 1 of concession upon his own terms." Notwithstanding the reserve, I may say the timidity of the Commissioners of J 843, with respect to a subject of such delicacy, tliey nevertheless express tlieir opinion in these words. " Tliese transactions may be considered obligatory against the tenant unless they " are repugnant to some Edict, Arriit or Ordinance." It must not be forgotten that for a long period of time, in consequence of the want of public means of communication and the topngrapliieal character of the Country the Sei"niorial soil was the only land accessible to tlie setilers. The lands in free and common soccage were then granted only in extensive tracts to favorites of Gov- ernment, and it is plainly this circumstance which at the present time creates such dilR- culties in the Eastern Townships and shows that rushing from one system to the other would be shunning Chary bdis only to split upon Scylla. The last proposition they lay down is, that the Courts of Justice have established the jurisprudence so as effectually to legalise contracts between Seignior and Censitaire. In the first place I deny the fact that the decisions of the Courts, with the exception of two, have a character sufficiently important to give, to them the authority which belonged be- fore the conquest to the Ordinances of the Intendants, inasmuch as tl.ese tribunals affected a want of jurisdiction in legal matters, and founded their decisions only with res- pect to the contracts between the parties without reference to any land. These decisions were so expressed as to declare that the contracts produced, bound the parties thereto inasmuch as the Court was not judicially in possession of any Law as to the subject matters of the transactions under their notice. As may clearly be perceived, it is a very slender subtility to rest upon, but to those who are well versed in the history of the times and the composition ot the Courts of Justice at that period, nothing will appear extraordinary. Much mio'ht be said with respect to these decisions, but it is difficult to discuss this sub- ject without wanting in the respect which the position of the dispenser of Justice must inspire. Silence should as much as possible be preserved with respect to the errors of the Judf'C because their publication compromises in the eyes of the people the saintly charac- ter of the order of which he is the high priest. These decisions, moreover, can have no weight in opposition to the terms of the law. Ad summutn non exemplis, sed lejibus judicandum. " And," as Ferriere says, " these decisions are only presumptions of law, of which dishonorable practitioners make use to overturn the principles and elude the provisions of the laws." I have before stated that two of the Judgments rendered are exceptions to the others; these are, a Judgment of the Military Council held at ^Montreal in 1762, Colonel Haldimand presiding. The case was an Appeal instituted by the Sieur Le Due, Seignior of Isle Perrot, from the decision of a Militia Court at Pointe Claire, in favor of Joseph Henaut, Censitaire. The Judgment in Appeal concluded as follows : — " The parties having been " heard, the Council, convinced that the clause attached to the said Contract obliging the " tenant (Henaut) to furnish annually half a bushel of wheat and te^n sous per arpent, is a "notarial error, the customary charge for concessions in that part of the Country being " the payment of one sou for every superficial arpent of land and half a bushel of corn '^ for every arpent in front by twenty arpents in depth, ordains that hereafter the rentet "of the land in question shall be paid at the rate of fifty-four sous in money, and end " minot and a half of wheat in each year." the the unf tha am arr due 610 •al in says, v-ig- npelg who ins." with these they 17 It is phiin that the Council considered any addition in the amount of the ecus ct rentes as an innovation so incredible, tliat tliey preforrod attril)Uting it to an error on thi; part ot* the notary than to any premeditated intention of encroachment on tlie part of the Seignior, notwitiistanding his appeal from tlie former Judgment. The other decision was given in IS2S, and was rendered by Justices Ueid, Fourher and Uniacke in the case of Grey vs. MeCalliim 'J'liis decision has reference to the obliga- tion to concede, i\.u\ establishes that " l^vei'y subji'ct of Ili.^ Maje-ty has ariij-iit to demand " and oiitalii froui any Seignior possessing wild and nnconeeded lands in his Seigniory, a lot " or a concession of a portion of the said wild and unconeeded lands, to be by every such " subject, his heirs and assigns, held and possessed as their oicu proiicrt// for acr, subject " to the condition of cultivating and improving the said wild land>, and of paying to each '• Si'it^uior the rensonxljle customary and ordinunj rents, dues and acknowledynicnts, " whicli, by virtue of the feudal tenure in force in this Province, ought to be paid, ilied at a certain amount in Canada, it is so far correct that thi-y have varied, without ceasing to be legal, from iialf a sol to two sous ; this circumstance was even noticed by several persons, unac- ([uaiiited with the history of the tenure, at the time of the debate on the Di'uminonJ bill. " This rate," said ]Mr. Brown, "never exceeded two sols before the Conquest, " and I am surprised to see that tiie Attorney General is desirous of raising it to four sous." It has been pretended that ccns et rentes at a maximum scale of two sous, was a lower scale than that to wliieh the Seignior was entitled, because the value of money has dimin- ished and that of wheat bus increased. The Canadian Seignior would be an exception to any portion of the creation, were he permitted thus to prolit at the same ti no by the reduction in the value of money and the increase in the value of grain ; one of these arguments would have been sufficient, for it is evident that the wheat and the capons only exactly represent one huM sol per arpent, {one eapon or the cquiralent in wheat,) and that this payment in [)roduce was only stipulated for the benefit of the Censitaire in a Comitry in which money was scarce. " It seems to me," says the Intendant Ilaudot, " that in every '• alternative payment, the payer has the beuefit of the choice." Besides the perpetual nature of Seigniorial rates, which survive the attainment of their desired object, namely, the settlement of the Country, makes it a matter of privilege, — now a privilege is settled in its nature, and the Seigniors avail themselves of this in the payment of lods ct rentes upon the increasing value of the lands, and they do so with reason. lu France, the S;aU! never would permit an increase in the rate of real payments upon any pretext. Justinian decreed " That every settler from whom his ma^ter shall exact more than the rate that was custo- mary and which had been paid at former periods, shall apply to the first Judge that ho may meet, and prove the fact, in order that the master, convicted of so doing, may be pre- vented from so exactin": thereafter more than he was in the habit of receiving, and be com- lielled to restore what he shall have extorted htj such increased demand" Before bringing this chapter to a conclusion, I ought, in justice to the cause and to the obligation under which I am to investigate all the remote and hidden difficulties of the question, to make a remark which applies to but a few of the Seigniors, some of whom unfortunately are not of the number of those who have exceeded their rights ; it is this, that in fact, some of the proprietors of Seigniories, do not regret the anti-feudal agitation and the difficulties of the question ; knowing as they do that some settlement must be arrived at, they designedly exaggerate their claims, so as to provide for other final re ductions without in the end giving up a good speculation. I will only cite one instance taken from the communications sent in to the Commis- sion in 1843. A Seignior who gives his name and those of his Seigniories, de- 18 clares, that these Seigniories brought him in f 2;jO for the years then last past ; in that part of the letter in vvliich he gives his opinion as to u measure of commutation aiul tlie iuclemiiity to be paid to the .Seigniors, he says: ''fifteen sliillings per acre, as un average, may tluis be considered an adequate indenmity for the forfeiture of Seigniorial riglits." Tlic Seigniories referred to extend over more tlian r»(),000 acres, and are in the possession of the Seignior, so that in round numbers we find — Present value of Seigniories referred to $17,000 Indemnity required by the Proprietor $lfl'J,O00 The above figures need no comment ; the object is evident. V As it would be vain to labour at a plan of commutation nnd to render an account to one'sself of one's^labours, without i)ossessing the necessary statistics, I have been obliged to supply the absence of such information, and to fill up a gap which should long ere this have been filled up by government. I give below the general result of my researches. In an appendix annexed to this sketch will be found details calculated to enable one to judge of the correctness cf the numbers obtained. The total number of concessions made to proprietors of fiefs and unrevoked, throughout the whole extent of Lower Canada, is 2.'>3 The number of distinct Seigniories may be put down at 220 And by reducing this number in order to obtain an average of about six superficial leagues of inhabited Seigniories only, to loij The total number of proprietors of fiefs or Seigniories, and of portions of Seigniories, as co-proprietors is, about IGO Of this number there are about 15 proprietors possessing 100,000 arpents or more ; about lOO proprietors of fiefs containing a superficies of 28,000 to 100,000 arpents, and about 4a proprietors of parts of a less superficies than 2S,000 arpents taken together. The total number of censitaires is 71,751 (See Appendix Table No. S.) And the average number of arpents possessed by each censitaire, is 00 The total superficies in arpents of the land originally held in Seigniory, is... 12,822,503 (See Appendix Table No. 1.) The number of arpents in fiefs commuted in free and common soccage 1,039,012 (See Table ^'o. 2, and remarka.) Superficial extent in arpents of fiefs held by the Crown 1,143,558 (See Table No. 2.) The superficial extent of the uninhabited fiefs, is 3,409,050 (See Table No. «.) The total superficial extent of the inhabited Seigniories not including those held by the Crown is 7,230,877 Property conceded in censive and at present occupied throughout Lower Canada, covers a superficial extent in arpents of. 6,523,101 Of which the number of arpents under cultivation is 3,154,802 And in forest land 3,368,299 (See Table No. 3.) ; HI li niul [s Ull liorial the 19 Out of the whole number of arpents conceded in censivc the Crown posses- ses as projirietor dominant, in arpents 581 7Jt Tlie remainder, possessed by individuals, is 5.1)11 317 The numl/c. 'J' arpents of lands unoccupied in tlie fiefs of the Crown, is 501 804 (Sec Tabic No. 0, nml reriinrks.) r.nnn lilt to fed lo this . In The grand total, at the maximum amount, of the capital due by all thccen* sitaires, other than those of the Crown, is witliout calculatins the fractions £825,16G This Capital is represented by the Annual Hcvcnuc of the cens ct rentes at the maximum rate of 2 sols per arpent, amounting to £2t,7u.> And the llevenue oi loth ct vcntcs at 2 sols per arpent amounting to £21,705 (Sec Tables Nos. 7, 8, and 9, ^\ tli the remarks.) The same charges due by the Censitaires of the Crown amount to £1,S17 representing a capital for commutation, of. £S0,7S3 This total value of the conceded Seigniories is increased by the following items :~Total value of the mills 401,232 Value of the private ftirms and domains, say 312,000 Future value of the concession or commutation of lands still unoccupied, established hereafter. (Seo Tables Nos. 3 and 7, and remarks.) The absolute value of the Seigniories as here established is dlminrshed when they are sold, on account of the obligation of the purchaser to pay the quint, and in the productive value, on account of its difficult and scattered collection. The preceding calculations will all be made use of fiirther on ; I pass now to the con- eideratioa of the different details of the schemes of Commutation that have been proposed VI. EvEnr scheme of commutation contains three principal divisions, 1st. The object of commutation ; 2nd. The mode of carrying it out, and 3rd. The period of redemption. In the establishment of the dues subject to commutation, it appears to be the general opinion that two subjects alone are liable to redemption, the cens et rentes taken as a whole, and the lods et ventes. With respect to banality, it is evident that it was only introduced for the benefit of the Censitaire, and that the obligation imposed upon the latter by law, was only so done, to place the Seignior in a position to satisfy the wants of the settlement, and I consider it evident, that the abolition of the right of banality and the establishment of competition, were competition possible, will have the effect of increasing the price of grinding and raising it to the rates usual in Upper Canada and the United States, at all events in one part of the District of Montreal, in the localities where water power is rarely obtained. As regards the Seignior, he could lose nothing by the abolition of this right, for the simple practical reason, that wherever mills could be placed in situations advantageous to their working, the Seignior has already done so, and that the places in which the Seignior has not erected mills, are places in which mills have but a poor chance of proving productive. To pay attention to this subject would be to hamper to no purpose a measure, the flimplicity of which should be its chief merit. til 20 The fixing of t!»o qunntura of the cms <•< rentes hns divideJ the persons who have paid nttcnlion to the mutter, into three classc.-*. The first, whiclj is composed of i; cortiiin number of St'i'rniors determined to give up no |)art of tho eacroacIiment.H they Iiuvd made, desires that the cats and tlie rentes slionld be taken ami made red(!emabhj accord- ing to tlie terms oftiio contracts of conces^jion, witiiout regard to circumstancea, tlio nature of the obligation.?, llio protestations of the Country or the provisions of tlie Law. Thi.s class I have already answered, and tho Country has done so before mo. The second class would raise the rc?ife to four sous tho arpeut by way of compromise (ul dnrltldm cordis; but inasmuch as it is n difficult matter to impose U[)on the people of tho Country, and for reasons of this nature, an impost that these reasons do not justify, they allege tho increase of the value of the dues paid in produce aiii the diminution in value of tho dues paid in UKJUey ; I have already in a previous chapter shown that if one of these arguments wi'Vi^. favorable, the other waseqimlly in opjiosition to the proposition. 'Vo what I have already said on this subject I may a'M, lliat the Censitaire farmer, as the head of a family and a good citizen, ought to allow no addition to the dues, nor permit a flagrant violation of tho provisions of an established law to triumph and be rewarded to the preju- dice of his descendants, nor should he allow the fact to be witnessed, that proprietors under the same title and under the infhumco of the same law, receive, one, the legal com- mutation money, and another, a usurious sum. I respect the opinion of those who, not being interested in the matter, have defended this scheme with a view to settle tho question, and on the principle that even this would afford relief to a great number of Censitaires; but I cannot possibly adopt these sentiments, nor can I feel any pretext for Baying to the Seignior and to the Censitaire, " you who are only entitled to two soh, shall receivefour, and you who only owe two sols at the very most, must nevertheless pay two more!" Amongst those who advocate tho complete carrying out of the law, and the establishment of the amount of the cens et rentes at the maximum of two sols, I reckon myself, and with them form the third class. jMany methods have been proposed for establishing the value of the casual rights of lods et rentes, which may be reduced, apart from their details, to the three following plans, namely : 1st. To have it permanently established, that the lod or the twelfth part of the value of the Seigniorial soil, shall bo the capital of the redemption for the commutation of the rights of lods et rentes. Sud. To establish a scale of reduction by which it should be established, in proportion to the value of the property, that -^^.- or -j^,,- of such value (or another proportion on the same principle), should be the capital for redemption. 3rd. To establish the real average value of the profits arising from lods et rentes, and turn tliis revenue into capital at the rate of six per cent, to obtain the amount to be commuted. Let us examine into the intrinsic merit of each of these three modes of valuation, before discussing their practical application. In order to render the payment of one-twelfth of the entire value of the property held under the tenure, a just one as regards the Censitaire, it would require that the annual revenue produced by the lods et ventes should be the interest of the capital so formed of the twelfth part of the total value of the lands, and that the entire property with its whole value should change hands every seventeen years. This latter condition is evidently impossible, and its assertion appears simply absurd to any one who has paid the very least attention to public economy, and becomes still more BO to an observer endowed with ordinary intelligence, who, casting his eyes around him, reflects on the changes which take place in property. Such a system of change were it Dossible, would be more dangerous to society than war, fire or pestilence. On this subject Iw mal ofc tho two Ca, in ft nun the am n pi com Tl llo at! thn froii tiou !!■ SI it I would refer to tables Nos. 7, S nnd 9, nml to tho calculations wliieli follow tlicm ; to niiikc, tliis scheme evident, ami more plain, let us reduce it to figures. The whole extent of conceded lands is G,.')2.'},1()1 arpents ; th<3 lowest average value that can be aflixcd to the property is £2 |0a. an nrpont making the entire value amount to £lf)..'j07,7.j2, tho twelftli of wliicli is X 1 ,.'5.'j8,971), aiul this »uui, following the plan in (|Ut'.»tiou, would be tho Cii|)ital ri'pre.sunted by th(! fodx ct rcntcii. Upon this prin(.'i|)lo a Seigniory nine leagued in superlieie.'*, would be worth on account of the /'x/s rt vnHtcH alone, tho sum in round numbers of .£13,300, whieii is very nearly tho real total value of tho greater number of the Seigniories of that extent, including ecus et rends, luils ct rentes, pr'ivatd domains and Mills. Till! sueond plan proposed for establishing the amount of the right's of JnJsit vrntr.^ into a principal rodeemabli^ in a proporlionatc scale, must !)e allowed to be eorreet In the abstract, on coiiditidu however, that it bn based, as to its amount, on the real value of sueh capital. Tills plan, iii'st pro[)osed by the IIonoi-ab!(! Judge Ucid in ISKJ, and subsequently by tho Honorable ^Ir. I'adgley in IS.jI is founded on the prineiploj that real estate elianges hands at average periods of time, varying according to the value of the pro[)erties, in other words, that, of a small property or estate of t^mall value, fidds more; to the Ciisiial revenues derived from the /w(/.s et i'e;(^t'.s, than property of great value. Judge Ucid proposed in contradic- tion of this fact but in accordance with the general principle of progressive taxation, a pro- gressive scale increasing with the value of tho property, and iMr. IJadgley a decreasing scale based on the fact above set out. The limits of the apportionment in Mr. lieid's schemo varied between the tenth and the sixteenth (d' tho real value of the property, and in Mr. IJadgley's between tho eighth anil tenth. Whatever merit this mode may possess, without reference to the fixed sums, as a matter of calculation and valuation, it is too difficult of ap[dication, to be ever generally put into practica in a new country, and by a people accus- tomed to voluntary contribution and to an equal division of labor without regard to tho wealth of individuals or the extent of their obligation ; a domestic and ruial life yet forms too prevailing a feature in our national characteristics, to admit of the sudden introducing of the application of the great theorems of modern public economy in the settlement of such a question. To establish the fixed real annual value of the product of tlio lods et rentes, is then the only plan which remains. Every one now seems to hold the same views as to the adoption of this principle; opinionsdifTer only as to the means by which the knowledge of this value is to be arrived at. Some propose to take rigorous proceedings, similar to those which would be taken in a lawsuit before a Court of Justice, and in tho supposition that the object is in- determinate ; others conceive that it would be more advisable to settle the question by com- promise, and to appoint the Legislature of the Country as amiable compositeur and arbi- trator between the parties. Before proceeding with the examination of these two opinions, I would remark that the opposition made to the settlement of the question by the Legislative authorities without the direct intervention of the parties, is due to a very small number of Seigniors, and that such an opposition is not calculated to create astonishment. Humanity has never made one step in the way of progress, without being embarrassed by the opposition of privilege or prejudice ; and such opposition does not always spring from real damage to pri- vate interests, but more generally from the fear produced by ignorance or idleness, the re- sult of inaction. In the present instance, there are Seigniors who will oppose every attempt at settlement, and yet, in a pecuniary point of view, have everythin"' to "^ain by any change whatsoever. The rigorous proceeding to which I have before referred, requires on the part of the Seignior, proof of the extent of his rights ; on the part of the censitaire, consideration of 22 the cviJonco nnd iti caso ordifTorcnco of opinion, trstiinuiiy in rebuttal ; it r('(]iiiiT«, on tho purt of tlio autlioritids tlio liciiring of tho partica ami jinl;,'rn,trated JiOiitlon NeWd to remark: " Mr. Ifndsoii is neither f>rttcr nor worse, tlntn the initnilitu of Ihl.")." There is moreover another reason against the adoiition of this system the fame reasoii for which the Legislature of last Session rejected t!i ■ tipplieation of tho North SIku-u Uaihvay Company, for the Provincial guarantee, namidy, that our jnesent obligations to the eriiditors of the Proviuci;, bind us to enter into no I'urther bonds of this description, and under tho cireiimHtaii',: 'S, it would be impossible U> obtain this demand from Government or from the L"gi.->lature, wre it iit itself reasonable. The I.e'>i;liiture rni^ht indi-ed engage to S-t apart annually from the Consolidated Jveveinie Fund which now amounts to a million, a certain sum out of what remains, alter payment of the "eiieral expensi.'s, the interest upon our debt and tho annual payment to the sinking fund, but it cannot for the present contract obligations of another nature. To this argument it may be replied, that the credit of the Province could not bo involved by making tliese de- bentures merely Municipal Diibentiires, but in this juncture, a fall below jiar ia their value might forthwith be anticipated. The issue of debentures would liavo the further efTect of compulliiig the inhabitants of the Country, to pny the enormous expenses of the valuations and assessaients, and would oblige them to pay the cost of a collection, to which the Seignior is subject alike with every other proprietor, and moro so indeed, inasmuch as the adiidiiistration has been entrusted to him, by the spirit even of the tenure under which he holds. It is well known, however, that the' collection made for tlie public revenue, is more expensive than that made by individuals; the same ol.jections that I have urged agaiiijt the sy.-tem of arbitrators and commissions, all apply to this mode of collection, which is on no account essential. For this reason it was, that the minority in the Convention at ^Montreal voted against the scheme adopted by the majority, and which determined Mr. Archimbault to publish his plan, which permits the Seignior to collect directly as he now does, the annual amount of tho dues. Let us suppose the collection made by the JIunicipalities, as proposed by the Mon- treal Convention^ including losses, to cost twenty per cent ; it is evident that the price of commutation being in round numbers £900,000, tho censitaires will pay the Sei'niiora £900,000 if the payment be made directly, otherwise, the same censitaires would beobli'^ed to pay £i,080,000 by tho system proposed by theMontrcal Convention. As regards the period of commutation, no great difference of opinion appears to exist. The period of 25 years has been generally fixed upon, as calculated to meet all opposing interests; a shorter period would put the cenaitaire and the Government to inconvenience; ^ u jind a greater length of time woulil teml to make the commutation insfahnent too insigni- ficant a fraction of tlm capital for tlie .Si'ignior. I have examined with attention tlie numerous phuis of settlement of the Seigniorial qucs* tion, including those which have been drawn up witii a view to a declaratory law, and liiose which have reference to iininediate commutation. All tlie.se works have aiTved to d^.-vclone the question by presenting it in every aspect and under every eireuinstanee. From the study of these d(jeu!nents 1 draw t!ie three following [tripo.-itions : i,-t, Tiiat there is no means of retarding immediate commutation ; I'nd, Th:it any plan of commntalion, to he successful, must repudiate llie system of individualising, and be carried out by general measures ; 3rd, iliat the sclieme of eilecting it by commissions, ai'bitrationa and assessmentd is the most expensive to all parties, the most tedious and the most productive of strife. At the point at which the anti-Seigniorial agitation has arrived, any measure uhich does not provide for immediate commutation u])ou an ecpiitable basis, will only serve to retard the settlement of the question, and to keep the Country in a state of llTinent by giving to the ccnsitaircs hopes Avhieh cannot be realized, and wliicli are often unjust in themselves, by inHaining the appetites of certain Seigniors anxious to spccidate uj)()ii the diffie.dty and delay. It is an ascertained fact, for instance, that the Dill of last Session, which hap])ily did not become law, containing as it did a clause rai>ing the maximum of tlie rente to four sols, has sharpened the ajipetitc of some Seigniors who had hitherto been restrained within the limits of tlie law, and wdio took advantage of this declaration, to raise the amount oi' rentes in their new concessions. It is clear that all ideas ofpcr.'cctiou in a plan of commutation should tend to the simplification of the details. Xo sclieme can ever be made to embrace caeli individual case, and if every one is desirous of including in the law all the little exigencies of indi- viduals and localities, or to provide for every isolated case, nothing but coni'usion will ever be attained. That it is expedient to endeavour to dispense with all the incidental expenses (f arbi- trations and assessments, is a fact that every one will admit. The experience of every Country proves the truth of this proposition. In ICngland, when the amount of indem- nity for entering uj)on property in IJailway matters, had to be determined, the Companies, by the advice of the most eminent business men, consented to all kinds of sacrifices rather than have recourse to arbitration, and in Canada, whenever the Government or llailway Companies have had recourse to arbitration, the result has exemplified the truth of the old French adage, and "that the worst possible settlement is better than the best law- suit." In the consideration of this question it is important not to lose sight cf one thing, I refer to the etfect that commutation would have on th;:; privileges of third parties; all the hypothecary creditors of the ccnsitaircs have an undoubted right to' exact, that no radical chan\je shall take place in the position which the law guarantees to them, as regards their debtors, for it is evident that if the property Avere charged with the payment of a privileged capital in lieu and stead of an annual rent immutable in its nature, the present securities of a great number of creditors would be destroyed ; and it must not be forgotten that in the organization of society the laws which govern capital are not in perfect [accordance with the natural laws of labour, and thatin agricultural labours especially, a person miglitpay a rent of six pounds every year of his life, and yet. perhaps could never manage to pay the capital sum of one handred i)ounds, which represents this sum at our rate of interest. TTpon this principle and in accordance with what I have already laid down with reference to forming a capital of the lods et ventes, and the fact that public interest is the object of commutation, I maintain that the State should interfere, and in strict justice contri- bute something at all events to the commutation money. I proceed to give the following plan of commutation in the form of a Bill, which will be ollowed by explanatory observations. th( mo at sha cea PLAN OF AN ACT OF COMMUTATION OF THE SEIGNIORIAL KIGHTS. VII. PREAMBLE. I. Whereas the Seigniorial Tenure was onlv introduced into Canada in order to facilitate the settlement of the Country, and whereas the continuance of this system of settlement has ceased to be necessary, and to advance the interests of the people of this Province, it has become necessary for the public advantage, to provide for the complete abolition of the Seigniorial Tenure ; be it therefore enacted as follows : EXPROPRIATION. II. That immediately after the passing of this law, the feudal and Seigniorial Tenure shall be abolished, with all the honorific and lucrative rights or dues created by them, by, in favor of or against any class of inhabitants of this Province, or in favor of the Crown represented by the Government of Canada, and all lands subject to the censive shall come under the action of the tenure in freehold. III. That all edicts, decrees, ordinances, acts, customs, agreements and stipu- lations, relative (o the tenure in fief and Seigniory, shall, from the date of the passing of this Act, cease to have any force and effect in this Province, and they are hereby abrogated and repealed. IV. That proprietors in censive are hereby relieved for the future, from the pay- ment of any obligations to the dominant proprietors, and all unconceded lands throughout the extent of the fiefs and Seigniories, shall hencforth be rc-united to the domain of the Crown. INDEMNIFICATION. V. That the expropriation decreed as aforesaid, for the purposes above stated, shall be effected, as regards conceded lands, upon the following conditions of indem- nification in favor of the proprietors of fiefs and Seigniories so expropriated : Isl. That they shall receive from each of the grantees (concessionnaires) , within their cennves at the time of the passing of this Act, the same annual sum that they received heretofore, for cetis et rentes until it shall reach a maximum rate of two sols currency per superficial arpent ; the only dues not stipulated in kind, convertible into money, being wheat, to be estimated at 5s. per minot, and capons, to be estimated at ten pence each. 2nd. That there shall be paid annually by each such concessionnaire, an additional sum of two sols per arpent in superficies, as and for interest on the capital represented by the lads et ventes : which dues, at a general maximum average of four sols per arpent, shall be paid to them for the period of twenty-five consecutive years, and shall cease to be due at the expiration of that period. 26 Si'd. That tliey shall be entitlod to receive from the Government of this Province, fur tlie ])t3ri()d of twenty-five years, an annual sum of tv/o sons (one penny) per arpent in superficies conceded in cciisiir^ and Ki!!)jcct to the dues above referred to, as and for a sinking fund annuity for the Sei^;n!orial Capital and a general in- demnification. 4tli. Tiiat the proprietors of arrit-refirfs, the Cnnvn excepted, shall annually re- ceive as (loiniiunils from the proprietors holdinir of ihem, a sum c(inal to the one-fifth part of two sols per arpent in superficies, within the limits ofsucii fiefs, the said sum to be paid for the period of twenty-five years only. VI. That the proprietors of ilel's aiid Seigniories shall receive from Govern- ment, as and on account of expropriation from iheir wild and uneonceded lands, the sums Iiereiiiafter designated upon the followim:,' scale, that is lo say, 5 sofs currency per superficial arpent, for uneoncedcHl lands situate in the Seigniories? three-fourths whereof arc conceiled ; 4 so's per superficial arpent of nneonceded lands, situMte in J!'ei, by delivering to him or to his agent, at the domicile to be elected by such Seignior within the limits of the said late censive^ an instrument in the form of Schedule A hereunto annexed. And every proprietor of an arricrc fiof whose Seignior dominant is other than tiie Crown, shall fiirnish to the said Seignior domi- nant an instrument in the form of Schedule B. The said instruments shall consti- tute an hypothecary debt bearing privilege of haiUenr de fonds prior to any other hypothec granted even before the ])assing of this Act, the transfer of the property hbcrating the hniUcur from all personal liability ; and the holder of the said bonds so granted in his favor shall be bound to de-po^^sit the same in the Registry office of the locality therein referred to, and the Registrar of such office shall enrcgister the said instrument in a separate book, to be called the " Commutr.tion Register," in the usual manner and form to serve for all purposes, and shall endorse thereon a certificate in the form of Schedule C hereunto annexed, and such Registrar shall be in entilled to demand from the ricccIver-Gcncral of the Province, mIio is hereby autho- rized to jxiy the same, the sum of one shilling and three pence currency for every sucli envc'gistratioii, inchidini^ the cevtiflc'ite thereof. X. The lleceiver-Gleiieral of the Province, shall be bound to pay annually to the lale proprietors of Seigniories, as ^'rovided by the fifili ancl sixth sections, Is!. The j-iuu of two S'jIs per arpent in sr.perficics-, of the lands described in the in- si;-i[:nentrf [^ranted in the form of Scliedule A, upon production of the s:iid instruments' bewaring upon them a certificate of ciu'cgistration. 2nd. The respective sums fixed by thj scale contained in the sixth section, for each arpcn'tof unconcedcd l;uid, u[)on proof nuHie to the Receiver General of the num!)er of unconcedcd arpcnts aiul their tiituaiion, and incase of refusal 'by the llcceiver General to receive such ])roof, then upon [)io(>f thereof made to t!ie satisfaction of two Judges of the Superior Court, and certificates thereof by such Judges. Xi. That the corporation of any town or incorporated vilLige shall assess and Icxw, ill :iccordance with the assessment Koll, on all ])roporty under their jurisdicticm ancl held in n-n.-iivc- at the time of the ])assing of this Act, the sum to l)e fixed by vi/tne ofscclio!! Vlir, upon proof made to the said corporation or befbrc two Jn.'ges of tl'C Superior Court, iind such sum shall be paid annually by the cor- potations aioresai;!, to the proprietors of Seigniories entitled thereto, by virtue of the section Lcfore cited. GENERAL PROVISIONS. XIL 1st. Hypothecary creditors under liypothecs bearing date prior to the passing of this Act may be su!)stituted exactly as in analogous cases under the ordinary laws v/hich sluvU apply also, in all matters connected with this Act to siibsiitutiousand to all the rigiits of minors, interdicted persons, and women subject; to marital authoritv. 2nd. In case of s;ilc {decrci) it shall not be necessary to enter oppc/sitions, for the preservation of the privileges granted ander this Act, derogating in this respect from the common laws, and in ease such opposition sh;dl be made, the costs thereof shall be borne by the ojiposant. 3rvl. i^irties holding m m ).-tm!iln, tutors, curators, suhslltne^^ administrators, and all corporate bodies, shall by virtue of this Act, exercise all rights which may be exercised by any individual ; and cor{)orate bo;iies hokling Seigniorial property in mortmain shall be em'powcred to invest, as they may deem expedient, even in real estate, the sums produced by commutation. 4lli. The rent created by virtue of this Act in favor of the heretofore proprie- tors of Seigniories maybe extinguished by arrangement between the parties, and any arrangement between the creditor and debtor created under this Act, for a partial or complele redemption, shall be valid, provided it be made in coii- formily with the provisions of this Act. odi. Sums due by virtue of tliis Act shaU be prescribed at the expiration of twelve inonihs f'-oni their becoming due, and shall not bear interest, and the en- tire commuialion debt shall lie prescribed and extinguished at die expiration of the twenty-sixth year afun- the passing of this Act ; but such prescription shall only be pleaded by the person who shall have conlonned to the provisions of this Act, and by llu; tiers dctcntciirs who shall have notified the creditor of the ac- quiring by ihem of the properly charged. 0th. The transformation by virtue of this Act of any real debt, into a perso- nal debt, by means of promissory notes, shall be a legal transaction, and the same shall bo recoverable at all times. 7th. The Government or the Town and Village Corporations may, being inte- rested parties, appear before Courts of Justice, to combat all evidence oiltTcd by virtue of the tenth and eleventh sections, and they shall be notified of the day upon which such evidence is to be offered under pain of the proceedings being declared null. 28 8th. Monies payable by Government under this Act may be stopped and seized in the hands of the Receiver General, by virtue of orders and Judgments of Courts of Justice. 9th. Any fraud against the provisions of this Act, and any attempt to exceed the amount of the obligations arising out of this Act shall be pnnishcd by the forfeiture, to the profit of the victim thereof, of all the money due by the party so defrauded. 10th. All concessions made before the passing of this Act, of Lands within the limits of Seigniories exceeding three hundred acres in superficies, upon which no bond fide cleaving has been made before the three months imme- diately preceding the sanctioning of this Act, arc hereby declared to be made in contravention of the laws regulating the feudal tenure in this Province, and arc null plenojiD'e, and such lands shall by virtue of this Act be reunited to the Public Domain. 11th. All Courts of Justice within the extent and limits of their Jurisdiction, shall summarily hear and determine all matters contained in this Act, in the ordi- nary and most extended manner a:id as they are empowered to decide all other matters,and to fix the costs thereof. 12th. This Act shall be interpreted in its broadest sense, and all questions inci- dental thereto, shall be determined in accordance with the ordinary principles of law in analagous cases. SCHEDULE A. I, A. B., the present occupier of a land (or y)roporty,) situate in the range of the concessions of the Parish (or locality) of bounded (succinct description of land,) containing arpents in superficies, do acknowlcdocc myself to be indebted to C. D. at the domicile to be elected by him in t*ie Parishes (or locality) aforesaid, in the sum of shillings currency per annum, to date from the day of the passing of the Act of Commutation, and so to continue by virtue of the said Act for twenty-five consecutive years. Place Date Signature, (or mark in the presence of two witnesses.) SCHEDULE B. I, A. B., the present holder of deposits funded as commutation money of the arridrc fief situate (description) acknowledge to be indebted to C. 1). heretofore Seignior Dominant of the said fief, in the sum of currency per annum, being the one fifth part of the conimutation sinking fund for the said fief and to be so indebted for the space of twenty-five years. * Place date Signature. SCHEDULE C. Filed and enrcgistcred. Place date AJS. Registrar. 29 VIII. It is evident at first pitilit tliat the plan I have just proposed offers in its practical results th;.^ three followin;:; advantages : That it does av.ay with all kinds of inci- dental expenses, and may he carried out without its hcinp; necessary to add one single ])ublie functionary to those we now have. In fact, commutation would be effected ibrthwith, without effort, without commotion, and without re(piirinecond paragrapli eslablislies in ;in exact manner thril the luda et rdu/'-.v shall he. represented by a proportionate additional renteqnally apportioned over each .snj)erricial arjjcnt of land conceded. 'I'liis system possesses nndonl)!ed superiority, and was recommended in 18 13, by several persons, and public at- tention was directed to it by I he Commissioners for ihe Seigniorial F.n(iniry. Mr. Daniel Arnold! thns wrote at this date, " I conceive the measure would be far " better and sooner acctomplished by a comniensiirate rente than by any other. " In a business of tiiis nature arbitration would !>e susceptil)le of great abuses, " &c." Tills was also the oi)inion CNpressed by Messieurs Lacoste and Le- mieux, in the House of Assembly in 18Jo. I have now to show that the quanlnm I liave fixed, is an eqnilable average for the Seignior, and that the uniformity I establish in the payment of the re///c, is just as regards the mass of ccnsitaircs. I show by the annexod table, unmber 7, and tin; remarks which follow, that in the thirteen Seigniories therein mentioned, by the returns given in by the Sei- niors themselves, .the avera2;e revenue arisini>" from \he lods c! ventes, calculaicd upon the number of arpents conceded, is rather under two sols an arpint. Ky table No. 8, I liavc shewn that in the five Seigniories tliercMii mentioned, the average amoiuils to less than 1^ sols per arpent. From the information furnish- ed by Ah'. Archambauit, it ajipetirs that in the Seigniory of I'Assomption the amount is under 15 sols i)er arpent. The Comniis:-ii()n(ns of 1843 ;iscertained that, in the Seigniory of Lau>:on, the annual viduo of the /or/s ct vcnlrs, *"• lomdd only add about o)iij or two wh per arpcj/t to the amount of the vens ct " roitc^y Mr. Laeoste, a gentlemen of great experience as an agent for Seignior- ies, and whose information has reference to several Seiunioriesuol intduded in the above mentioned tables, estimates the valut; of the ca|)ital of the lods et vcntcs in 1853 at one-lhirty-sixth part of the value of the lands en ccnsive ; so that estimat- ing the value of the conceded lands both in wood and under cultivation at an average of £2 10s. per arpent, this calculation would give an average of 33| sols per arpent of capital, or two sols of annual jiroportionate rent. Table Ko. i) confirms this proposition, that two sols per arpent is the maximutTi value of the /Oc7.s- ct vcnu'S. The fo/cgoing is sulTicient to convince all reason;»ble men, and if each of those who si>ek an U|)right settlement of the question, would npply these calculations to his own locality, there wouKl not be a single individual re- maining in the whole extent of the Seigniories, who would not admit the fact, that two sols of annual rent per superficial arpent is an adequate indemnification, in place and stead of the lods ct vcntcs. With respect to the rcnsitaire, it may ne remarked, that an equal apportionment without regai".! to the value of the lands would not be just. I assert that it is perfectly so in its a|)plication, for it is a fact universally admitted, that it is property of the least value that contributes almost the whole amount of the ca- sual profits of lods ct ve}ites, and that for one valuable property which is sold, twenty hulf-cleared tracts are sold ; it is then true to say, that in a period of twen- ty-five years, the small proprietor in censive, will pay more lods et ventcs than the rich projjrietor, and that by an equal apporlioniuent the poor man would in fact be benefited. Besides, what would be gained by incurring the costs of valua- tions and apportionments, if it be not to niake one class pay more than another. I am convinced that strictly speaking, this system is the most just and the 11 to .-,1 least oxponeiive. Tliis wns tlio opinion* of ISfr. Rontillior of St. Tlyacinllio, %vlio i^iiiid in i8'l;3: " I'|)on oxarnination of the Rent Jlolls of a iinmbcr of llio Srig- niorios in (lifferont ])arls of the Province, llu; annual Soigniorial rovonuo miglit, I apprclieiKi, bo j)roniplIy and witlioul diilicnlly ascrrliiiiuHl." This mode has moreover tlio merit of reniovinga great ineonvenience Aviiicii, in tlie case of certain Seigniors would be iilniost the same as a spoliation without ctirnpensa- tion, an ineonvenienee which has been represented by Mr. Peter liurnet, in the iTiernorial addressed by him to Sir John Paekinglon ; Mr. J^iirnet shows that the average often years which satisfactorily represents the value of the toils et ventes in the very large ^Seigniories or in a certain numberof Seigniories, in all the Seig- niories taken together, does not always represent the avi.-rage of a Seigniory situated under jiecnliar circumstaiie(!s. The (!nse of a Seigniory in tli(! District of Three Rivers, was brought. under my notice;, which only contains old lands of great value. Tliis Seigniory, I am told, produced £100!) o[ lods et vrufes in one year, and has not produced any at all for tiie last fourteen years, so that this pro- perty which gives an average of £G6 of tods ft vrulcs per annum for a period of lifletm years, gives nothing at all for a period of fourteen yciars. The third |iaragraph is the key to the financial part of the projiosed plan, I have adop1(!d the system of extijiguishing ;mnuilies which is universally ad- mitted in public undertakings, i i banking iransactions, and other iinancial opera- tions. According to this principle an annuity of one and two thirds per cent of the capital added to the interest at the rate of six percent annually, ^'Xtinguishes this ca[)ital in a period of twenty-five years. In other words, a capital loaned on a sinking fund on condition of receiving 7;' per cent for five and twenty years, is as well invested as though it had been loaned at six jier cent, re|)ay- able at any period whatsoever. Of the part of the indemnification proposed to be paid by Government I appiopiriate the proportion of 34 per cent, and set it apart to smooth down the asperities of the system of generalization and to justify the exercise of the high handenl authority wiiich in every ease of expropriation is neces- sary ; this proportion forming an unimportant iVaction of more than two thirds of a sol per su))erficial arpent of rent added to the four sous of the ccnsitairr^ is the interest on the capital granted to the Seignior and which is extinguished by the annuity, leaving rather less than one sot and one third per arpent of annual vent, remaining from the Government grant. The following is the result of all these calculations applied to each superfi- cial league of Seigniory : £ s. d. Maximum amount of consolidated capital 1150 8 4 Annual interest on this capital 69 6 Extinction Annuity 19 3 6 There exists in favor of the Seignior a fraction of a sou; the capital is com- puted as follows : jC s. d. Capital due by censitaircs 980 Capital derived from Government 170 9 Interest paid by censitaircs 5S IG Interest paid by Government 10 4 G So that the proprietor of a Seigniory, let us suppose of two leagues in front by three in depth, would annually receive for twenty-five years the (maximum) sum of £352 from the censitaircs, and a further sum of £ 17G from the Government, and would retain as his own property for ever his mills and domains: which would in amount be equivalent to payment in cash of £12,000 as the value of such Seigniory under ordinary circumstances, abandoning moreover the droit de Quint in favor of the Seignior. It is certain that no Seigniory exists, the rela- tive value of which exceeds this sum, unless the excess be derived from 12 manor-houses, domains or mills of more than ordinary value, a consideration giving rise to no diiliculty, under the provisions of iny selieme. 'riie system of aiinuilies and iiistahncnts lias been objected to, on llie prin- ciple that economy not being a cliaracleristic of a great iiinnber of the Seigniors, this mode of redemption would in many cases iiavc theeijcct of permitting tiiem •' to spend both principle; and interest." In reply to this Mr. Carlier said, " if the Seigniors are not wise enough to manage their own affairs, let them have Curators appointed." This is evident, for when the folly of people is made use of as an argument, the conclusion to be drawn should have some reference to the mad-house or to a Curator. The I'ourth paragraph has reference to a few arrieves-Jiffo, of which the do- minant proprietors are not the Crown. The rights of the Seignior Dominant consist in the receipt of one fifth part of the price of eaoh mutation or sale ; as this casual right only produces a revenue to the Dominant at very remote periods it is evident that one fiflli part of the value is far too much, as the price of com- mutation. I consider that the annual payment of one fifth of the Government grant is a large indemnification, in fact it creates in favor of the dominant a fixed an- nual rent of two pounds nine shillings currency per superficial league besides an annuity of £3 168. 8d., thus efl'ecting in twenty-five years payment of a capital of £230. The quint has never produced to the Crown any thing approaching that sum considering the extent of the arr'i ires- fiefs. Clause VI fixes a scale by which the amount allowed for indemnification, for the reunion of unconceded lands to the domaine of the Crown should vary in proportion to the real value of the lands. For it is at once evident, that the Sei- gniories which have made the least progress towards settlement, are those oc- cupying the worst situations, and for the same reason those in wdiich conces- sions are least frequently made; then, asthe property the Seignior has inlhe value of the unconceded lands, only represents a latent capital which comes under the seisin of the dotninant, as fast as it is conceded, the immediate redemption of this capital requires an amount diminishing in proportion to the diminution of the chances of concession — I propose to repay this capital by annual instalments bearing no interest, for the simple reason, that now it is the course which the leturn of the interest on such capital, follows by successive concessions from year to year. The maximum fixed by the proposed clause, five sols per arpent paid annually, by instalments during ten years, will form a capital of £735 per superficial league of unconceded and uninhabited country, and the minimum a capital of £294. I except from the proposed rule, the Seigniories of Anticosti and Terra Firma, because in reality these properties are almost valueless, and have in fact produced to their proprietors nothing worth mentioning. This capital paid re- gularly without risk, and without anyexpense attending its management isassured- ly worth more than the rights of the Seigniors in these wild lands and uncon- ceded lands, the nominal value of which, diminishes in consequence of the risk and difficulties attending a widely extending, long, and difficult collection. From the foregoing remarks it may be seen how untenable is the proposition contained in one of the clauses of the Bill last Session, constituting a ground rent {rente fonder e) of 7 sols per superficial arpent in consideration of the concession of wild lands m franc aleu ; to demonstrate what cruelly to the poor farmer would attend the carrying out of such a provision, it will be sufficient to submit the following calculations to the reader ; from the information furnished by the late Honorable Mr. Dionne of Kamouraska, with a candor and good will that does honor to his memory ; the beautiful Seigniory of St. Roch des Aulnais^ contain- ing six square leagues in superficies was bought for £10,000, including a mag- nificent Mill, which produces an annual revenue of £400 ; this denotes a more than ordinary progress in cultivation, and the consequently increased value of pro- perty contributing the casual profit of lods et ventes and including also therein the quint. Well, according to my proposition a Seigniory of the same ex- tJn, SIC tent, \vilhoiU Mills, clearijT£[s, oi".babitalion*>, aiifl'situjtted lindcr tlic Yntfai imfa- vorable circunosJtauccSjW.Quld cost the ioliabitanis the sam in round nunibcr» of JClO,O0Oy the capital. ri^pj-esentod .by Uu3. ^xjustitiited^reht' of 7 sols (8*^d.) 'per arpenl. ;: ^ >;!■-: ': -i ' •' Clause V.U enacts that . iho Seigiiiors sftall .remain the proprietors of their private domains occupied by them in good faith, and the exclusive posses- sion of their mills, without being subject to the exigencies of laws and customs relating to banality. Clause VIII relating to fiofs occupied by Tpwns or incorporated Villages. t may be easily undt^rstood, and I do nol believe lliere is any other general mctho4i- for proeeedin<* to commulalion under the cireum.stance?, than by taking advan- ,, tage of lh(! JMnhici|)al authorities, whose organization is complete, and who hav* their assessment rolls and the necessary oincers to carry out this mode of rcdemp* , tion, which will not cnlail upon these Corporations, more diflieulties:! than a simple additional taxation for any other object or })nrpose, whatsoevej:. If it be remarked that ihe government dors not render assistance to the Town Censi- . taire, asit does to the rural Censitaire, I would answer that it is to the special ad- ., vantage of the former that commutation takes place, because the due of lods etnn rentes weighs more heavily upon Town property, and upon the mercantile and,,, industrial classes who are princij)ally inhabitants of the City or Town. ^ ;; Clause IX enacts, what shall be the means employed by the Censjtair©(,;. to guarantee to the Seignior the payment as regards himself of the annual surpf,; j which he shall be bound to make to him. I maintain that the Government ought to pay the costs of enregistration of the new contracts, inasmuch as by enacting that expropriation shall take place, the Seignior is deprived of the gua- rantees afforded him by the Seigniorial Tenure, and they arc obliged to be renewed in another form ; this expense moreover, only amounts to £i,480, once paid. Let us now ascertain what sum eacli Censitaire will have to pay to his . . Seigiiior for five and twenty years, by virtue of my proposed plan. Let us take 1 for example a farm of 80 arpents. The /ods it vcnlcs being calculat,ed at two solp per superficial arpent, such a farm will pay anniiallythe sum of six sliillings '^ and eight pence for that item ; and as the rent will be paid, at the rate at present !. fixed in the contractjj, up to the maximum' of' two spl^, we shall have the toi^l amotint hereiaaft^r set out, according to the circumkances of the case. '• ' ' "' . ;;;ii. i'i , ;; ■ ;;; .., ,..);.■; 'i,, ■:<:\[i,..\., -h •., ■.:-.,•!, in .v r.; u:r. ! ; •;■ ••■■ • • ft. i dV'' ' For a' land of 80 jE^rpqnts not chfirged with r^nta biiist charged with one ."•'■ • '' '•' sol of cens,.,..\,:.. ..,. ..,..,......;...,...,.,........ «... 6 8^'' For a Ipnd charged with half a sol of t'ente per arpent,. 8 4| 4 For a land charg€?d. with one st>l of rente,., ,..,.i.:... , 10 0^- -' For a land charged \vith one sol and a half oi rente, 11 8^ • For ailan.d chargoilitwith t"vy^o sob pt rfior^^i.,,.. ,..,... 18' 4^ "' Under the clause X, the Province would have to pay annually two sols, for every ■ arpent of land in tensive, without the limits of the Crown Seigniories:; now the ■' number of arpent^ so sitjuated, being 5, 9-11, 347,,it follows, that the annual Butn '• for tbe payment of yhich the Governnaenj; will be \)ouDd, will be £24,755, tndeed rather .less than this from the fapt that thc/raH(:a^eu5 and the private domains of the Seigniors are included in thp sum of tlie, arpents conceded. The second para-' graph of the same clause, has reference to the payment for lands not conceded and •• reunited to the public domain ; it is evident thai in this case tlie Government gains and receives more than their value, because, by paying for the partial right i that the Seigniors have to the property, the State becomes the exclusive pro- ■ prietor. To calculate the ann,ual sums th^it will haye to be paid for a period' of ten year's for the redemption of nnconceded lands,. the following jvppiioximate estimates may be setdowa^v/!-; x\-Hxv,f -.mu!; loa m-; ,vai;V'!li W^^n-yvai: w -'■ -•■' !<,'m ■■m s " 84 250,000 nrpcnts at 6 sols (2 Jd,) je2,r)04 , 200,000 do at 4 sols ("id.) l,Or,« 250,000 do at3sol3(lJ) l,r)()2 792,986 do at 2 sols (2(1.) ;5,n04 454 leagues at Anlicosti aad Ttrra Firma at i^4 1,8 IG JCl 0,952 Iliave established the value of the wild lands, uiulorthe different ciiTunistanccs men- tioned in my sehenie, on the price obtained at private sales, for old irJiabiled Sei- gniories commuted into free and common soeeaj^e, and these bases are so tar more liberal for the proprietorn, inasmuch as in the commuted Stij^niories, the osvners have in virtue of their letters patent become exclusive proprietors, instead of hold- ers in common as theretofore. The provisions contained in the XI and XI[ clauses of the Plan hardly re(piirc commentary, the end and means of attaininji; it exj)Iain thenuclves, and have at different times been the subject of discussion in l*arliainent, and clsewhci-e, llesides the limits necessarily assigned to this work, oblige me to confine myself to advancing propositions, leaving them to the intelligence of the ])ublic and of the reader to develope; it will be enough to say that it will not suffice merely to ])eruse this treatise, but to form a general estimate of it, a profound i^tudy of its details is neces- sary. 1 trust that I shall t)e partloned the perhaps tedious conciseness, which I have been obliged to have recourse to. IX. On first consideration I had prepared a clause to provide indemnification for the purchasers of Seigniories, who, counting upon the decisions of the Courts, have paid for these properties a higher price than the one I have establisLeJ, or who have accepted legacies upon onerous conditions, thereby placing thcK-.^elves in the same position, asthat of the purchasers above referred to. For notwithstanding what may be said and with reason too, that these purchasers have acquired such properly imprudently or in bad faith, or that their contracts, are de facto aleatory con racts by virtue of which they have become proprietors of contested rights at their own peril and risk; I am nevertheless of the opinion of Messrs. Sicotle, Chapais and many others who are of opinion that the Government should, in order to the re- moval of any pretext for complaint, pay such indemnificaticn, if there really is a purchaser ; but no necessity exists for such a provision in the scheme which I sub- mit, because in fuel the best Seigniories are not worth in the market more than or even as much as the value assigned to them, and I believe and may state whh certainty, that there are not more than three Seigniories in the Country which have ever been sold for a larger sum per superficial league than that which I have eslablished ; these three are the Seigniories of Beauharnois, Rouville and Terrebonne ; now the principal value of these Seigniories is not due to the annual rents and the casual rights, but to the value of the private Domains, manors and mills, which, left in the possession of the Seigniors and freed from the quint and the obligations of banality, afibrd consequently to the proprietor, in the end, more than perfect comiensation. In the Seigniory of Beauharnois in particular, the agent, Mr. Wakefield, further declared in 1S43 that the purchase of that property had been a very bad speculation : a circumstance which may serve to convince those who pretend that it is impossible for the purchaser of a Seigniory to make a bad bargain. It may not be altogether useless to make a remark, which practically re- moves many difficulties, and it is this, that the Seigniories in which the amount of the rent has been increased illegally, are not those which always produce the largest revenues, and that in all cases they never produce a revenue approaching 85 ly lapais lie re- is a I sub- ihan slate which vhich I le and annual ars and int and , more ar, the roperty nnvince make a llio nominal amount of the obi iii^at ions. "The wine press can no\ for e iron ;he gr.ipe more than a certain (|iianiity ol'winc !" The ex( c.'^sol ihc i iilti JIiiili A\ea the valiH! of the property; then, asthcrt; are no sales, or if there .ii' Miy,tlu'y ■(• at a very low price, l)ui littU; casual rcvi-nue ticcrues from ihi hnhel V' hffs , but that is not th(! only nor yet the principal reason of this fact; the principal cause lies in the dilfuMilly incurred in the collection of tlu; revenue, in conse- (inciice of the |)assiv(; resistance olii'red by \\\v ccnaildircs to unjust encroach- ments, a;(ainst which neither the (Jovermnent or the Courts have lo lui- tiiii the least oost upon the public ;4eneriilly. I niwe; >"/>:f ivH^iji: •'■'.' ci ■•,''>■•. !!• , • i • -••1 I,:;-;/ kv ' . ■ -: mj'S Vriiiii; . i ' n ,' i) II '!'; :.\.v ['■' A .li.rA ■,';'.i'i. 'ivi.l I 'ii - .:• li'iOllLilli ',«. . • ,r:, iiv>'> "•'• vl I (U: ,'.i.' I Ji'ii. ;■"•'-'. If'i'i III •uli.-' »; 1} .ir;*i'; I ' •)•)>•. i; .'tii; *,"i-u !(i);:'ir' 'it'iiJ Uu'.l ■ •il'i! t., jj iiulu') M(i ... .. .;'ii!!.!.- >ii i'l rn'ijii ')i!; •''■utiji) oi -jN;)!!! /v -,..f ;.• ♦il'Ml't ' ; liill.- 1 1 • in; ll't.7 'J'tM'-JIII.:'!'/ >-.tl •.( lI.'.H.li ••• :il' .1' i._.Ii.. '.I 'li I :ii; i;.i.> . : ln.'f ,i'i--i ;■;:<• :■ : .♦;; • ('! 'lo |.i. . • 1 i'( i;')i.7.' i:(!i i ,11 1 I- il ,.'Ul| •( l Ar. I '• 7 m !■! lo.l lo '.:>iii:ii'>". 1- 'lili ' i( (•;!;■•,.(. -Hi I !• • ' (il .1 ' I' [rl vn: l:ii ; r'',viin;i • In i i |/'>-. hli.'i.f '."»•;!: .ni- ti: ot .'vi'i '.r*' ' 'ill; i. I 'lo-liuM'' i. , yiil « ' •))'.U:'. ,•>■■.' •ili'i' i; III '/( .I'l': ud liliiii:! 1;-'^ '' (T' ir; •(•'■'<(■ 'M ,•■• :* If" Cm, U' 111. e . !•'•' 11 I-'M; r.'ii II. li :r..;lt ■M l:tf ,v 7 ■ r! '!•» k |. ,11, !; ) I I ;i 'I 1 1 ' •■. I : i!j )'( • i i( (hi,I/!M;';(:|iH'.j :i;ri-i /■■■, •)■ ,li . ! (11-il 1 •) /: In! ii'-'C Jiir;-. iT.'i. •••(..(!( i; f>*Mi 1 1 •. i:;. '! iif;( Ii:Jl ';.n; f| 'r/l)-iii';i'.; (. 1 - ■ • Ml l! I .|. ■ . <• , i!.. i i ;i ; ,';■! :• I' •|. .. • t 'ii'A r --I If ; lioiicc.) ii-'i; •A', o; yii..iu;: • liij-.^O ■)t;ii sii'VH"! 'xd 7 I ( 'nii-'r.vr;; '.7i!%v!j: - ■ im ci i-.-n ;ii! 1.1 T !;.i'» ii '):iuoiu;-i') iti; i'ruh/ y.i '1,1' • ri.; .:d V ;ill(n: Ij;; .1 r' I (;| ;-'M|.-i i;iM. :a 1 i I > I , , : ; • 1 • ■M 1 f'i-.v f f!'M: -•)[> It: "to J'.TJt !-l III ')V/ .iMiili.M'p 'iiil l;)!-. 1 7 i(.'T".V'"q lie ■in: ;.(. V..! r i: •••* It j 'iir. Ii'i.'^'i'i'jlsj'. -i'li; ;(; ".-li ii-.'fiv.M ; i; •i/it>' <;- II 1 1 ■. < . I ' a I'.ull vd h'y; ''.-1 y. tril! •511 ■\' •■ (f 'iT.'IclM'j'ir I .,' lU 1 J.'.! *!'.'.a\". luiAi 't.i .'1' i-MII II.': •(ii;(;;,lM > Mtii '!( .: '• •i/'.ii ! Dill it ■;! «i(i:<'' "ill •(■•I .iiif TO (t( •I' I 'Kit .r: '! ^r,"tl!')J <},l\\> '>II^-.i t):lt'i(> Mti.i) 'J|{| 1 : |. li.f.HO-illK i-i ■!■■•! Ji -TW:(;-n'>'i TiK' '/icj fn'j.'d ');Ii!/ Jc-a b'-'MH 'iv; hfi:- (le'iil il.'i ./ (ill (il ):u'uh :. -.m •'•iniid ! "jfir^Hli" fiioifjiv/ ,vi\\OV..i-, (•' 111';: -nin .i'./-' ^lif d i!vi- ."tii ii liijn;^ Il.'i; Tiin: 'if (!: -nii<'7 j; \<; V a^>J'lV4^•^( -oJ h [ i-!i:t .'i.iii l^-.oiiai (M ;ti ii iint : '•M n'Mio-i(! ii ')<>•, I i..!;i'j!i -!inio(Jo;r 'lo Iw.q •)::! ii" vi j^'-ci'ibi;-'! !:t>;Hivmr{ Icitio'o.i li/ciav^' ■: jmlj bni: ,>.l''iit>i /ilmi ;■•!! •ini):|;'i^j, 'j '!•) '^'tiv,^^•^'>. li' ".U'-n ".!l ••-;m',";1'> ■<\'. Ill vil)ii[-(!f .VKifryild" ,7!!!:;'!ii •'"J .c lili.hMil -riJaoa !\ !oj< hi iiai c-.iililo 3(i')nifoi'.'i'j ni; ^r. ilowrn^/aii Ml'iOl (I'ii'Jr" h^i.in.il 03 -O'.'f j M(!f 'lo h.m!; aniino') 'ill 7inl;;oo -tii! no >-i Iih! ,»->/. le'i.'Kjnil n/li I"' iioii-);!; lo y.'r.J--; .•; lo Ja^n-.'lIcJildatg'j odt Jotm'j vino hUuru li l-ar.v i; ai ; irjA Jm!: '" c""! .vACi.'ii^-jl) i.>nf; tr;:)(l:'.»j;'.'j ijai;;!:juij ^i !;>/. ii-j-r-.'jial 'm!! v<1 ' >Iii ■' -v.aiil vliic'li 1 ('Oh- io t. ■ i.ii, .!!'/•' ,1 -1. 1 vl*i 1 •.(•: vi/iii ^.:l. \ !)li! ,vi ■ i!> (■' '\> 'J:-'< U( !.;l -Inji^i ..:ii -niMi;! 11' ; iK;i!X.i ■i -.j i.ijnjj 1.. ••tni:-;! ■lliM! Y'li..' •li'ii.-l^i'A .iiMit'.ldin )*• ; , M ! , 1 1 : OO 'it. iioitoil; 1. . ri'-'l^-'"' il -' -v>aiil: -a CO U , o ^ hJ - (4-1 o • « (/) ♦** -'B - » ■■"• •■ j> ■ (!'. •. ■ ■ §^ r;;:2^. :jo->- ,; r-^ '?«-< (M.-SO '"1' ■: ; ;»<». ,1 • i .1 rt :■ Ir H*-^ It.;; T

HO ^atuwj^ M i^ l-l F^ ~< l-< n a '~^ a c U o c o fa OOOJ o « « ■* C< CO ^"^- 39 3 O 'OQ «o to re M cc CO 0) 3 o 5 9 a a a o o c o C 0) fa 1 e. JS 3 O Q !/2 ^ -^ I c 14 o c c C/j --C (^ cc -r :^•^ era G o 3 01 COS pa Q « aj « a, 3 C M o to CO 00 00 lO ^ n c o o 4^ 'S 00 *-• ■*-* tr!> "3 o 3 "3 w o c i.- CO -o c 1 - t- ( to ri N E ::: scu -^ 13 rj « » 3 y O i- - ;o (- >^ 3 rt o E c ; « 2 ■*iCOr*OtOO-rf*X c> r': c» O r-3 to c> O o C) CO C O M T C-» lO -H (/•• T* cc -r c» '-0 cr «o "^ tr* Tf c< wr c< ?« to c« o y, 'l~ X CO " ■ y- r^ re O 'CO t- t~ t- • t- -3 • 5 rt 3 ^ — ■/) C ^ ^ < t~ V *-• yi ^ - o X 2 vj y. SJ '^ ^ o 1-4 O 3 .c (^ — ' -H CO CO ':^« n I 3 to a; a so cc to 1) c» o io o> — eo X O C-. cc I- to t- Xi c^ I- §•> 3.2 •3 ■- C3 3 W — 3 3 rr o o o 0) Q to ^ c o c >o ^' o (— ^v^ iO ^3 to fO rjotz-acoooooti-o I- 3J . . o p -t: -o o o ,2. va, 3 C . >^S « p 3 2 a 5 ^ .S .3 5 •=! ^« ^ rt ■ = •=; 333 "-^ to ^ >-. '^ to :/. UD /j 1- t. „"^ajDua)ayi;i>oi;oo3o ic 3 ^ 2 o S 3 3 JO laqiunx CO ^ o rti rr ITS ■ o -• o« , 5^ ;C ;0 to c o 3 O 3 lb to 3 rt >^£ 3 '/: .: 2 CJ t- r- 3-1 3 3 C 7-. 3 c rt :: ' to (- • to to CO Ji CO to o •I \tX 3I{) UO p3i9)Ua to CO o o 00 ■* «> to l> OO CT> O ko ic US U3 kn 10 ts (O CO tOfO #< C3. o o •1-1 o -I* 09 I ^ CO T3 a P °' « « ^. — eft ■ 53 £ 3 55. 1- •• CI, D U3 £ 3 ',5 u 5 _5 » (/i r^ cr 'O Z) '-o '^y -^ "rf cc no 0-- CD '. ! ao i ~ — < Q ^» :;= -o r< — . — ■.-» .'/I — o *»■ ■-< »H kb -H ":: »o i-'S »:< r? C« -" M ■-''-' 'O ?^ C< CN ^^ * ^ ■ 3 — ^ C3 I O! t-c o Pi I CD lO CO >-< .S "T:^ 1 -,o '— '-0 t/2 -J x> ■-< ^-3 3 o ID ^^ 3 C5 -r*":! ::( 7( -> >o -rt -H C< 30 •^ - C5 "-a) i-« t/v ^ fn _3 rt.ri. cl . o V D 3 c» 'fj' *• c: X {~ X i- C5 (- •^ •-■: -O i ^ o (~ -Tf ^ ';♦ './, ^.. 1- u; (- ^ us -2 >> '=■■5 P^'S 'O a a- ^ £3 CO »* ■.o o m '-0 ■") 'O 'J ^V o -) o r:! lb i'- (/? i- n 3« I- y . . . ■Ti 3 o o o 5 3jaan ^. • 5-S 2 i: '.J3 0) E-^ S t: CAj 72 yj u< c o o o O O O CC O 5X5 kC CD l^ — , ?^ ^ — to "2 a o CJ3 e us:?. Of a- ■::: O o ■ rt ■ a '. a) ■-^ 1^^0 ■w cu c o • -C •..=•--; i» ID « i-j ^ r/i CO • >i • w er, Q. re 0) a>-iS;-2 «»-ci--3 -3 "O -C 'T -tS -=-3 CS 3 7,*'^'"' - 3 ,5.S'45J;'« 5 c.b = 3 3 c 3 fi,-^ rt^r r r 5 ^^ 3 3^ 3 r^ « f-i rt pj ci o c xr o :=^ ."s ^ ^ -- 0) CO 3 3-3 = rt D O O _ ^ f "- O C w w CJ c o C5 ^ cr c: < C! 'J 3 ^ :3-B 'J 3 ^C T >rt '-C O CO C7i O C- t- I- t- 1- I- l^ 00 -4 C> OCOD Ob in 00 •00 00 X 00 Z'9 Sm o ~ -^ o "C = 1) o 5 ,, '— - 3i| — »— I ij I— < • OS o — • . 3 ; . (« • • " ii' !- • • o -^ 3 ^ -^ §^ •^ >5 CS « = •F-l CO •fH o H e3 — I— I w^ •— < 3 3 "3 'n ss ic CO t'- 00 CJ p r* cy f» ^5 (C ^ CO tC l^ t^ f. I--. CO t^OO o SoQ pOOD. S;«:2COfc;00 C^ 00 CO CO 00 OS Q 00 o» 41 f en 'N _ 1! O n> o o 3 o cc — 1 ?0 T-( - (O rt- (U' *-* o o o ao ^^ r^ -3 a). d o ci 0) 03 ■. 'mi »1 lO ilD t S^ O Oi 100 o> s a I o «> • 1-1 o H n J *^ ^ ■♦^ (U o m O T3 " 2 rt 12; B • ^ CO aj •-■ a, - g g B ;| is w o 5 P rt o a bi) CD « a. e o U '3 1 e I* a «> o r« a o Si a 3 a 2 TJ .-n 3 CO ^ rt F-? 0) a to G C-* -^ -rf* '* J° S c « • ^< (> f /j CC _; • t^ Si <^ M OS QO 3 o 3 D 3 W 3) 1) D « QaScqoS ^ o ; 2 3 — ' o S « I k— 1 rt re ■ O O O O ! ■ WS io cue ; ' C« CO C< ( i o ' o I- • 05 t^ -^ C^ {>• lO t^ J»3 f„ ;« ;-: x? • i;- wj i^ in ^j ^«j . f^ . lo oi r~ c* -h m ^ i>i H 3 rt 0) W c o ; I 3 a Q) rt . '-' I- > 3 • ra "ii *J " 33 rt g • O ^^ «0 fT* to rt* to . rf< CO M CO i> Tt< CO . to "1 CO go •"< 00 CO ' t> CO C» 00 Oi C-J i-i to rp rf* to >»(* 2" 5? ":< 'TJ r^ fN o «5 J5 t- l^ 05 Olio to to ;0 vO 'O *• ^ ID « a rt ta- rt , 1) .P3 3 • o • 3 ^ rt.2 a) +-» O rt rt ;= d rt rt o '01 p a -» rt g rt ^ 'J.J §5°^ O OIQQ O to t^ C< to (N Tfi ko to in ifi ^ ^ O ^ CO o to to O 4) 5 S g o S 3 t3 3 o rt o I H 3) 09 /« M nd o rt o fcCfc £.2 rt"^ rt o ID 03 _« (C (o m "in "m 33 n rt 0) 83 03 03 . a •" •I _ O 33 ^«S " a rt "^ " ^ ^ '■§ (2 fcp5 ^ ■^^^■t;^'^='~3-S^d^03 03 : rt M I pg<5.® 00 05 O -H J3»_333)3333o:^ "•"xU'wle'Mrto ^.^ ^H -H 1-^ l-HW^|Sj^ Eh rt 93 B • i:: a >■ m -c q o 03 rt y u o rt 3 !5 rt rt J i9m;o I-H g M ^ «> 0> 9) 0> (7> ^SJ gR « o -< oj CO ■«*< ko o oo ooo O) oo :§2 42 a; I «n 0) •f-i 1 e ts-s P O — c 2 _ rt -« J i 2 o == y ?. ^ ^ ■'^ s Hi > iri O 1-3 -d c =■' <»cc. r- O 00 5 « •/> '^ £ " .•= (^ .Si S 25 01 :3 ■/I ^ 'J — i V; cj CO . _ ^ _, 0) ■<-• o 1-3 b o .S o « .5 "^ .i i.^ ^-j i._i ■».* H 0; "TJ .^ u; r— < ® "3 o u en o < cc ~ lo i^ fc I- ro 5£S «5 i~ «; tc cc t =^ IX 00 ec O i^c cc X> (- t^ ^ ":> '^> ^ c^ ic — (- (- X c I- t-- i;c '~c cc to '.c 'jS (— cc "T* fC C-. C5 a: i^ ^O re ^ en >- V-; ^ hJ CA' J "O CS Q ■f CC 00 — I CO ic CO -rr f'. c^ O ec o — •.- 00 t^ _^ ^» t- — I to lo 00 00 CO 00 CO C8 c o o •s Q I O o O ^ fc- t. a ? -C 3 _. en o 9 (d 0) b rt Clj 3 0) (U 0) .!^ I-) •< ij I-] u 1-9 3 C 3 rj d . O 3 -S*^ 1-3 •< J 01 o d ej i=°:s d 22-2 0) rt - - •'-I !:5 c d ra ^ JO sqiunjii oiq«ioittuop»i»»ua "~" c d -2 « «t c4 c3 cti c4 ►J hJ J iJ iJ 1-3 •< iJ iJ J J iJ •< J hJ>J I o o aj H 0) WO {SCO bi W) . ki en oD I (« d ca iO a; o -! C^ M CO koaiv^aiUujpaw^ua ^ tt rr "^ ,-< CI en 'f »o m in lo 44 CO Id o c o 1^ u I «> 43 n < u (4 10 o O 03 I- 1— ( o §2.2 2 . — ^3 > -it o a) ^^ " o o " (« cti V cd 00 00 to C» C< IfS 10 >o o CO oot- o 9} ► I o 0) M -^ P3 ■♦-« (D V cn K* :c" p CO 3 bX) a 0) c c o 10 CO e o "(M Ol C( C^ <^ O I'" .M Bid I— I f4 V . ■> ^ r« (V* ic 10 ■^ r; TJ (^ C5 >o 00 "tj "m r -<' — ' «- o »c J- c~. o ^: x r* J- "# >o 10 ■— • ^r^ »^ ^* "*^ I— w> ^W » • 'A. 11^ ^ "*•' WJ "^ (^ to X l~ tC tC t-~ t- X ^O iC (^ t'' CO t* 14 ® i^ ■ • (t O 3) !-. P3 IJ 0) a» J^gL| pJH^Cj-JH^ C c ■^C^OO-* C? J-- -^ -» c? to — c* OOC m 3 I O 3 o 01 -a o e £ e «£>T?o--oc^tooo«»(»coocr'*'»f<'^^ w 00 oc CO r- ro '£ M (^ r^ Q '-© to c^ 00 coioc^ro — CO— poioaooooocoOT»'o C5 "^ t- • I- 00 00 ' ^.t ;o ' rr *0 to {^ ■00 00 -00 00 0000 QO c; o QC CO - Ol 1 n u ^£ MM as C5 o -^ +-*■«-* ^ —i T3 *C rt C4 03 -• -V 11 3 ^ 3CCCC.552C! < < <; t/. CZ3 'rj M •/? r/;- V3 -0 CO Tfi >0 to (-• 00 C-. O -« Ct CO O". 01 C 03 C. ST. cr. o C O O •Kt^sijojiodjasmio kn CO l~-XO-iO'-"'MCO TfiCtOt-OOOi C — C^CO-rfiC tct» inkoiotoco"^to * ' CO (K c/2 v. en c/i '/2 en tzi Tt in CD {> cc 000 C« C< (N ^^•^,^i 05 o -^ CN fc^r ic cci t^ 00 C-. o -^ • C» fC ■* • fN C» C< f^OO ■ OS o O ^' • C» CO CO W M »-' t' t^ CC CO c} 05 ■>* in io t^ QO ?-'cccoQ6ciDo6cooocOQ6 2 —2 — 2222 ,H i-t p^ iH p^ r-4 <-l f-l i-H Pi »-t i-< r1 n (-« i-H i-i r>« 46 o Si a c o c «*- o w a c u <4 ^ n o (J ^^ a) ^ ti Ob ■^ ■'-■3 bD if ^ ^.= « 01 SJ lU CCSQCJ 7> j^"^ s ? 2 m o I/) o a> 6 g ^1 Q 11-* Bi ci a ni i~ (- (- *• .A ^ =: 5 CO «o -^ o • ff" on o '^ — cr. cr> • C-" '-T *;■ o •—I IC "t ■ »0 >-< T' ■ •' »-i 1-1 M • F-1 c« cr o m . ■>-' o .2 c--: u *^ ;S .2 "^ "C ■SO. .5 5»8| O ; • 1-4 M o ■a .fcp 050 in ^ « i^-3 ►! tC-^ 3 3 c ,•> Sit « ^ « a) r- il y aj J .E 3 C 4) < 3 'j^ LZ ^ Ml 2 S rt Crown, emblay. ♦J U "' \- .-3 a)H 0) u i >•::: ':2 a) 4; a Q r- oj aj WM r/3 f 'Ji W — r-i i-j in CO '^} s • cc -" TJ CO ; C ro ■ «- (~ t- cTj ■ i~ ( - . t£) -.c -.:; -^ 3 3 i) ■ o '"2 1-^ 4) • ^ I —•'3 3 O) -3 o 3 to o , CO to y 3 I- o ' a,.H S 33 : c: >■ < a ' -+• ?^> n (:■; 1:0 ' C ;■" c^ '„■; ro ■ :^' o c. -. :^ • CC '■■ ■:) - • -t* o • • ^ 01 -C -3 O '"" it; n •. "^ -^ aj i3 c> 00 cc c-'J ^-^ TT c; '-' • a. CO 0) O) ■(5 43 o cr, a ~ o Q Wc'r^304)'^c^oog ^.:s c^s o^hS m hSc^^: HC^ a o 43 ;l . 3 . eS :^ o o 43 43 '13 ■-(-• c! 3 c3 ^ 43 C d 43 :s F 3 ,a y^ V? '13 5 '7.' §JJ r3 r:3 o •»-> ^Jr« 5 o a) 53 000 3 3 43 03 3 3 3 3 ~ - O !>» C3 ea 3 -r 00 43 .-a • o 43 PU m 'cc !>2_'^— cfi H H — H *^ < E^_''~lJ^b' ^ o aj ♦J •03 C3 3 -a; 1-H ':? CO a CXCl CO ^ iC '■£> '-' CO CO C^ 70 C^ CM C« C« CO 3: O CC CO f « ■l-^co d-7o . T? •rfi •^ 10 • C> D •- «, D ,pj CI o in rf . kft o fS 1^ CO. c* • , • « . to . <0 ^25 11 . ^ ^S t H o H 1 O . cj . • . ■ o • ■ • . -S .10 ■ S . <» rt 5 O O . C5 2 c-lj P „ *> 2 = y to I- -5 c 01 C n -i .s d m d; o 'i ^ 5, ;?; c< (N c< -t;: oo'cri Li ,-( r-l COMMUTED. 1 BELONGINa TO THE CROWiN. Ur:!NIIADITED. 1 Names. Superficies. d 1 1) 4 5 6 : 7 ' 8 i 9 10 11 12 Names. Snperficie.s. d Names. Gnperficies. 1 2 3 4 5 Anse I'Et Jig.. Reauhanii io... Lake iMitis. . . Lotbiiiiero.. . . Pabos 7,()5fi a 127,0(iO 81,072 /; 111,132 63,504 c 75,25(1 74,088^ 14,112 d 9i>.952 382,240 Haliscan Hdnhonuno. . . Ca))(! Maydu- leine. lie an.v Reau.x. Laprairio Lanzon ^(ltre Dame. . Sillery St. (labriel . . . !St. Maurice.. . Snrel(^') Tiirue Rivers . Total. . . . 317,52(1 14,112 282,24o' 2.50' 56,4 18, 221,016! 28,224 10.584 10.5,S10| 37.041 35,280 2,000 1 IjAnticosti.,. . . . 2;Ilert Mingan. . SiMelapcdiae. . . 4|Mille-Vachos. .5 Tcrit'fHruiH . 2,500,000 20,0(;0 70, "60 84.'i72 705,600 28,224 6 7 8 9 10 Pertliuia Mount Lonis. . River Mag- dcleine .... La Perade. . . . Temiocuuala . . Total .... G Hubert Total 1,039,012 1,143,5.58 3,409,056 I^^otes on (able No. 2. a The letters patent of Commutation for Beuuliamois are dated 1836; as the lands conooded bcfor* thftt period came iiuder the ^'oncral and forccil Coiiiniutation, it bocanif ueces>ary to establish its siiper- ficios, which ■wni? given by ^Ii'. WakelielJ, the agent of tlie propriotoi's, in his letter to the Conunissiouers of 1843, (see appendix to report, No. G9.) I have, therefore, put dowu the number whidi represents ono half of the whole superficies. b Tiie commuteil part of Lotblniiire is the augmentation of the 25th March, 1693 ; its superficies is shewn in the table. e Perthuis, which was commuted in 1836, contained about 20,000 arjieuts up to that period, as I have inferred from the census report of 1844, the last we '..ave; I have, therefore, deducted this number from the total superficies. d La Perade was commuted in 1830 ; by inference from the census of 1831, 1 have in the same man- ner deducted 20,000 aipents in snpei'ficies. e Sorel belongs to the Military Authorities. I hav« put dowu as uninhabited some fiefs which only contain from 5 to 6 inhabitants. i? 48 APPENDIX. No. 3. Table plicwinpj the superficies of the lands hold hy the Agricultural population of Lower Canada under both tenures, and other necessary details. Number of acres , held. { i • § u a 13 ■4 til o Capital laid out in Grist MilU. Number of holders of Landed Property. Grand Total 8,113,379 3,005,076 4,508,303 375 jC300,754 95,823 In cominnn sec- eai;e 2,133,369 713,174 1,420,695 135 85,138 24,072 In Sein'nioi'ifls.... 5,979,510 2,891,902 3,087,608 240 315,616 71,751 Reduction of the last series into aqjents. Total arpents in fiefs 6,523,101 3,154,802 3,368,299 Notes. — The first series is taken altogether and ns given by tho enumeration of 1851; the othere have been obtained from calculutious based on data procured from the same tables and those of the census of 1844. In the Seigniories, the sum of £215,616 ns capital invested in Grist Mills, does not include the mov- ing power wliich I estimate at an amount equal to the capital laid out on the buildings, say, total value of the Seigniorial Mills £431,232. It is necessary to establish how many arpents out of the amount of that item which relates to the tenure en fief, are situatein the Seigniories whereof the Crown is Dominant Proprietor. In order to do so, I establish the following proportion: the superficies of the Seiguiorial soil is to the superficies of the lands of the Crown fiefs, as the quantity of land held en ccnslve is to the amount required : that is 681,164:. It follows from tho foregoing data that the quantity of lands yet unconceded in the inhabited Seig- niories, is 1.280,530 arpents for private ^/t'/« aud 561,804 for Ci'own _^c/?. The foll.)wing table shews the Counties in Lower Canada in which "the lands occupied and inhabited ■re exclusively subject to the tenure en fief, those which are held in common soccage, and those subject (o both tenures. ^^«^^«*^MMaM«fl^^«tf^p«« 49 APPENDIX. No. 4. Exclusively en Jle/i. Huntingdon ... Viiudreuil Miintreai Vorchorcs (Minmbly St. Hyacintlio... Uichelieu Yiiinaska Hotiville UfTthier* ('lininplain* ... Si Maurice* ... rortueuf* Montmorency* Exclusivi'ly in common soccago. Shefford .... Shcrbrooko. Stanstoad . Drununond, Megnntic . Mi.xed. Bcauharnois. Missisquoi (small portion en fief.) Niculot (small portion in common socoage.) Lotbinit'-re (small portion in com. soc.) Dorchester. Btillcchasse (small portion in com. see.) Kamouraska (small portion in com. soo.) Rimouski. L'Isltit (small portion in com. soc.) GaspC (small portion en fief.) Bonaventure (small portion en fief.) Ottawa (small portion en fief.) Two Mountains. Terrebonne (small portion in com. soc.) Leinster. Quebec (small portion in com. soc.) Saguenay. The Counties marked with an asterisk arc in progress of settlement on the Crown Lands. No. 5. Table shewing approximately the superficies of unconceded lands in the Seig- niories inhabited and not possessed by the Crown, in connexion with the three first provisions of Sections VI and X of the Project or Bill. Number of arpents situate in the fiefs about three-quarters of which lire conceded. About 250,000 Number of arpents in the (iefs about half of which is conceded. About 200,000 Number of arpents situate in the fiefs about a quarter of which is conceded. About 250,0UU I have obtained this Table by comparing the superficies of the fiefs with the superficies occupied ac- cording to the details of the enumeration of 1844, and by establishing, in order to obtain a definite result, ft proportion between the occupied portion of the soil in 1844 with that occupied in 1851. a 60 -.^-...r^ -rz^— Trr^t^» APPENDIX. No. 6. Table shewing' the revenue derived from the Qiunt. Minimiiin ycur, (1811) ^^ Mnxiimimyciir, (ISOri) l\'» Mctin propotlion df 47 yours, frmn 18i)3 to 1851 ' •'• Moan proportion of .18 years, from 1803 to 18U __"•'»» Amount of total Quint during 47 yours OiiJl.'J M. .1. « 4 « 6 (1 (• Qenkuvl Rumauks.— It is iinpo-;sil)lo to tMla!)li>;li iipproximitfly tlK> extent of /rane-nhuH, tiicMijUT 111.- £2,000. A fac!t. wlilfli proves tlmt tho commiitiUion i^ not uoiiMiK'iv.l im ii vory jjrojt lulvaiitiiu;.- l.y lli.- ,'ro- prictor.s of iamls umliT eultivution. is, that Cnmi tin- 3rd July, 182(5, to tin- 'JUh .Juiamiy, i8-l-J. <.i>ly_no applications for commutation in the Crowi\ ycif^ninrics wcro tlcpohittd, covitihsj a Mi|'(rllcii;s . t r.8l,75l occupied nrpi'Uts, and bi-sidM, tlu'soiipplications lia I only rofiirrn; ? to Town \)<:<[h', ty sitn'Ue in (.inj'l-' (•. Tho costs of collection, includin!? looses i)y abiindonmont of lands iinil m.M.lvability, imiy bii value I at 15 pur cent, of tho gross revenu.) entered on the books, 'riiese items huve amonutcd to more tliun a.'! ^lor cent, in the Seigniory of Buaulmrnois, 51 C9 51 •f CD % e •Ji ih Vi (A Oh O .1 E 9i 0) 03 c ■J {z; ' a «M •9 i\! Ij e *« 5 3 ! 5 1~ 2 " J'Jl-^ "J = 5 5 .^J 1 €.•":!•! .r § i i^ i-3 «■: u iii 1 g. 3 ■n 1 1 ri "?■- • o o ..-5 rt 3> g S = 5 2 2 1 z i" CI ct .-0 -r .S «5 «■: — IN 71 1 a 'JI to M~ f) I '1 i «^ 4^ Ci V® .o ^v- ><; 5^. •a '^ rt ,,' Ti — Tj 1- to o e -r i-> o "1 «1< "' • -V VI f .J 'J 5 f <0 irj rj ■-> n ti ■^ >-< T >-" n ff» IN O 71 « — W « k'j -^ i ^[^-^ (M •n ' u ryi . 73 2 e^ 7\ 'O -^ 3 '7 • 1.1 1 a t: "^ O S) V3 :: M I* 1 'S "1 00 -I" "f 171 VO O f CO 71 to te : 1 = ? T(7l7irjO CM OC05C70 1 t (71 71 en C7 o> ir: S :7 c? — ' ■^ . G<'" e O 00 X 71 71 71 07 1- Ol 71 — ' tl «.T l?» 71 IN •« .id c' : -^ : ! .2 > • '/v Tn ►• : •/! : 5 o=£3= e3 jrCcjOs i^crswo* w Histsj-c ? : : ■« : : u.S • : 'e : : : £ .2 « -0 ■ ; : rv cs : c B ri 1 : -' ^ a : S ri _« .2 a J II E B a \ » 2 c -1 cs cs a to T 1. ' ii . a • c • s 1 = ■5 "^ a ■^ - /a ■1 _ ■J i J "a 15 ■«- sff »3 r -y ', n i s -I* i.T H -^ .1 - ,2 •ft C .* J-* T. I- - - « 5 "^iroa L" i, a - i. a Si ? ^t2 « -1 ^ JS t ^ ^ B «c 4; o o 3 &a - "5 * .- 5 ..^ tf 3 2 "3 - -Jr 4/ r) i .„ 3 „ X O ** »! .2 '' «•- r^ c3 ij; C-O as > *- 3 O V. "■ .a o 0) bp C CS £■5 i. P a ^5 ^ u- I " bcl >• 4j a 1) .5 9 ^ - a = — s a s - i 2 3 S SCi 5.3 — r cu o J3 J5 j; a ,^ rt, .d S.t'-C-C 0/ •-» - <= ^ «.s ,. O. bi to 2 g 4 %. o =" £-a O O *i O ,71 ^ _MI C.2 n "• ' S •:: 3 " ^ ^ es-C = CO g 3 -J = " " . c g § 1 y> « ' !a ' OS * 5 " 2i o « a p. ^ S «5 - =■ « ,* M KS W 62 APPENDIX. No. 8. Seigniories. Repentigny Lacolle DeL6ry. . . Bleury Sabrerois. . Noyan Totals Number of mutations during seven years. Amount of lods et ventes during seven years. 5 65 208 195 93 94 660 £ 83 378 1428 1034 605 603 4131 Annual mean amount of lods et ventes. £ 12 64 204 145 86 86 587 Superficies of the Seigniories in arpents. 15118 42336 42336 31752 42336 42336 216214 From the total superficies of 12,000 arpents must be deducted as being the number of arpents of unoccupied lands in those Seigniories at the date specified, £587, apportioned over 204,214 ar- pents, give a little more than 1^ sol per superficial arpent, as representing the annual value of the lods et ventes of the six Seigniories in question, which are old properties situated in the District ot Montreal. Mr. Louis Archambault, of St. Roch de I'Achigau, in the document published by him in De- cember last, established, that in the Seigniory in which he lived over an area " of 2^ leagues in front by six in depth" the lods et ventes produced £200 per annum ; from the superficies given must be deducted 15,118 arpents for the Parish of Repentigny, which no longer forms part of the Seigniory, the revenue arising from the lods et ventes of which is £200 ; that being done, we have for that Seigniory of L'Assomption rather less than 1^ sol per arpent as the revenue of the lods et ventes. The result of this is, that in establishing an apportionment of two sols of annual rent per arpent, the maximum annual product of the lodn et ventes is extinguished. From these tables it foUr-wg that the total value of the land held in Seigniory conceded and occupied, calculating it only at £2 10s, per arpent, does not on average change hands every twenty years as has been stat- ed, but in round members every fifty years, according to the average established by table No. 7, and every sighty by the average of No. 8. Here is another table which proves the proposition set forth that two sols is the maximum value of the revenue of the lods et ventes for all the Seignio- ries in the Country. iperficies of the eigniories n arpents. 15118 42336 42336 31752 42336 42336 216214 jer of arpents ;r 204,214 ar- l value of the he District ol J him in De- 2^ leagues in irficies given 113 part of the ng done, we ivenue of the jf annual rent n these tables calculating it has been stat- y table No. 7, )roposition set 1 the Seignio- o 53 CO (J3 o o n U 12; W rj flj .- a i -S' 1 ^ 3 2 ■-! --^ = '^ ; .. ^ rr. •- ^ „ p ■5^! j; ^ 2 /' ?! ." ™ i:^ ■>-' (r"^«- C: o o cr 3 CD -r c oo :^ O .T. ~< c:. cc O w ro -M O irj 1— I Tf "-H 00 O o CO ■J= O ^X) t^ c o -w ■f T* ^ i- 'I , , c; — o :c >.-5 »c C; Hi lo r^ ^ c< cc "-I ui ■ i-'i cr lo "i lo o I ^ ■ CO X !T( 'r M -< I ti -:2 O C X '"' ^-D 5 ^:::5Ci ■- i <-. 3* E- O" '•5 3 :S -B C^ 2 ~ ^ i5^0- e-- =c ;/j (2 =: sa u< -a •- n 3 ."J > ooccqocoooqo icoqo ID CO o 3 =« u ^ s c p > 3 If w rt S - ~ o > S 5 5 |!^ -^ i ■^ '" £^ -3 « iZ 'I l! ■•/-■ ^ ii - ^ 3 o o ~ 25 5 •^ CI '^ ■■3 g = >. ij 3 S ^ , _ r " ^ » 5 ■ - _-; r n 5 c3 S It '/I <; D _>; 'Ed 01 il is ® - 3 .^ "o ill! ^ ir £ 2 5 Qh = ''^ s — • - ^ ,-> r - (^^ 1^ ^ '■' ^" i/j r 2 s c4 3 S 1)