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An Act respecting the settlement of Jesuits' Estates. [Assented to 12th July, 1888.] Preamble. 'TTT'HEREAS at the opening of this session of the Legis- VV lature, it pleased His Honor the Lieutenant-Gover- nor, in his gracious Speech from the Throne, to give expres- sion to the following words : — " I am happy to inform you that the question of the Jesuits' Jjstates, which has been so lor^ pending between the religious and civil authorities, and v.hich has caused so much uneasiness in this country, will soon be decided favorably, and to the satisfaction of all who are interested, and that ray Gov- ernment hopes, during this session, to submit a settlement in this connection for your approval. " The obstacles which prevented the sale of the site of the old college of the Jesuits in this city have been removed ; the principle of restitution in kind has been abandoned by the interested parties, and all that remains to be done is to determine the amount of the compensation to be granted. " On the occasion of the settlement of this delicate question certain Protestant educational institutions will receive a fair allowance, proportionate to the numerical importance of the minority in this Province.' Whereas the said estates were confiscated by the Imperial authorities under the reign of George HI, after the suppres- sion of the Order of the Jesuits, and were afterwards trans- ferred to the authorities of the former Province of Canada. Whereas a large portion of the said estates was, at the time of and since Confederation, ceded to this Province. Whereas energetic representations have been made to the civil authorities respecting these estates, by the religious authorities and the citizens of this country, and, especially, by ^ His Lordship Jean Frangois Hubert, Bishop of Quebec, on the 10th November, 1799 ; by the citizens of Quebec, on the 4th February, 1793; by their Lordships, the Bishops Joseph, Bishop of Quebec, Piorre Flavien Turgeon. Bishop of Sidyme, Coadjutor of Quebec, and Jean Jacques Lartigue, Bishop of Telmessa, suffragan of the Bishopric of Quebec, and Grand Vicar of the district of Montreal, in or about the year 1835 ; by their Lordships, the Bishop Joseph, Archbishop of Quebec, Pierre Flavien Turgeon, Bishop of Sidyme, Coadjutor of Que- bec, Pius, Bishop of Kingston, Patrick, Bishop of Carrha, Coadjutor of Kingston, Ignace, Bishop of Montreal, T. Charles, Bishop elect of Marty ropolis. Coadjutor of Montreal, Michael, Bishop of Toronto, in tfanuary, 1845 ; by the clergy .**r*» '^ t An Act Respecting the Settlement of the Jesuits' Estates. of the dioceses of Quebec and Montreal, in June, 1847 ; by the Reverep! Father Th^ophile Charaux, Superior General of the Mission of the Jesuits in Canada, in January, 1874; by their Lordships, the Bishops E. A., Archbishop of Quebec, L.F., Bishop of Three Rivers, Jean, Bishop of Rimonski, Edouard Charles, Bishop of Montreal, Antonio, Bishop of Sherbrooke, J Thomas, Bishop of Ottawa, L, Z., Bishop of St. Hyacinthe, Dominique, Bishop of Chicoutimi, on the 9th of October, 1878 ; and, finally, by His Grace the Archbishop of Quebec, on the 2nd of January, 8th of April and 27th of April, 1885. Whereas in his letter of the 2nd of January, 1885, addressed to the Honorable John J. Ross, then Premier of this Province, His Grace the Archbishop of Quebec stated : " I have the honor to inform you that, in virtue of an In- dult of the 13th of October, 1884, I am personally authorized by the Holy See to treat with the Government of the Pro- vince of Quebec, and, for a reasonable compensation, to settle the question of the ownership of the property formerly owned in this Province by the Jesuits when their order was suppresed in 1773," Whereas, in answer to one of these representations of His Grace the Archbishop of Quebec, dated on the 8th April, 1885, the Honorable John J. Ross, then Premier, replied as follows on the 25th of April of the same year : " If His Honor the Lieutenant-Governor in Council decides to re-open and reconsider this question of the Jesuits' Estates, I will not fail to notify Your Grace and the Reverend Jesuit Fathers, so that, with your assistance and theirs, he may, if expedient, be able to submit to the Legislature a measure which will settle this question in a satisfactory and definite manner." Whereas, consequent upon these various representations and especially that of the 9th of October, 1878, signed by the Bishops of the Province-, protesting against the Government putting up for sale tha property of the old Jesuits' College at Quebec, such sale did not take place and the property was allowed to fall into a wretched condition. Whereas, on the 17th of February, 1888, the Honorable Honord Mercier, Premier of this Province, wrote the following letter : " Rome, 17th February, 1888. " To His Eminence Cardinal Giovanni Simeoni, ; " Prefect of the Sacred College of the Propaganda. a Letter f i om Archbishop of Quebec to Hon. J. J. Ross, Premier, informing him that he was authoriz- ed to treat with the Gtv- emraent re- "necting Jesu- its' Estates. Reply of Hon. J. J, Ross, to Arch- bishop of Quebec. " May it please Your Eminence : " A despatch from Your Eminence, dated on the 7th May Letter from last, 1887, informed His Eminence Cardinal Taschereau that Jfe"r"to^Id?n the Holy Father reserved to himself the right of settling the ai Simeoni re- question of the Jesuits' Estates in Canada. spActing the pll».,.J,.,.,I- 1, I-. sale of the old Jesuits' col- lege, Quebec. An Act Respecting the Settlement of the Jesuits' Estates. " Among the property so-called Jesuits' Estaites, there is the property of the old college of the fathers situate opposite the Basilica, in the very centre of the capital of the Province of Quebec. " My predecessors in the Government deemed it their duty, in 1876, I believe, to order the demolition of the college and the division of the property into building lots, in view of an immediate sale, which, however, did not take place, owing to certain representations from exalted personages at the time, " To avoid further difficulties, as I suppose, my predecessors let the matter lie and allowed the property to be so neglected that it has become a grazing ground and a receptacle for filth, :so much so that it is openly said in Quebec that the matter has become a public scandal. " Under these circumstances, I deemed it my duty to ask Your Eminence if you see any serious objection to the Govern- ment's selling the property, pending a final settlement of the question of the Jesuits' Estates. " The Government would look on the proceeds of the sale as a special deposit to be disposed of hereafter, in accordance with the agreements to be entered into between the parties interested, with the sanction of the Holy See. " As it will perhaps be necessary upon this matter to con- sult the Legislature of our Province, which is to be convened very shortly, I respectfully solicit an immediate reply. " Your Eminence will be pleased to accept the filial con- sideration with which I have the honor to subscribe myself. " Your Eminence's devoted servant, " (Signed) HoNOR^ Mercier, " Premier of the Province of Quebec." To which letter the following reply wes sent " Illustrious Sir, (Translation.) Rome, 1st March, 1888. Cardinal Si- " I hasten to notify you that, having laid your request before Mspecting^^^ the Holy Father at the audience yesterday. His Holiness was Bale. pleased to grant permission to sell the property which belonged to the Jesuit Fathers before they were suppressed, upon the express condition, however, that the sum to be received be deposited and left at the free disposal of the Holy See. "In making this communication to you I wish you all good in the name of the Lord. "Your Lordship's very affec+ionate, "(Signed) Giovanni Cardinal Simeoni, " Prefect, &c." •M An Act Respecting tfte Settlement of the Jesuits' Estates, § Whereas, on the 2l8t March, 1888, the following telegram Preamble, was sent from Quebec to His Eminence Cardinal Simeoni at Rome : " In the matter of the Jesuits' Estates, the Government Telegram from respectfully objects to the condition imposed in the letter J^p^"]?'" of your Eminence of the first of March instant, and cannot simeonl^ob- expect to succeed in the settlement of this delicate question jecting to con« unless permission is given to sell the property upon the con- ' """' ditions and in accordance with the exact terms "^ my letter of the seventeenth of February last. " I respectfully solicit an immediate favorable answer in the interests of the final settlement of the question. "(Signed) Honorb Mercier, "Premier." Whereas, on the 24th of March, 1888, the following answer Cardinal Si- was sent from Rome by His Eminence Cardinal Simeoni : meoni's reply. " The Pope allows the Government to retain the proceeds of the sale of the Jesuit Estates as a special deposit to be disposed of hereafter with the sanction of the Holy See. '' Whereas, consequent upon these negotiations, the following Preamble, correspondence was exchanged between the Premier and the Very Reverend Father Turgeon, rector of St. Mary's College, Montreal, and agent for the Holy See : " St. Mary's College, 25th April, 1888. '• Honorable HoNOhE Mercier, " Premier of the Province of Quebec. « Sir, " I have the honor to forward you a copy of the official letter, dated Rome, the 27th March, 1888, by which the Sacred College authorizes the Jesuit Fathers to treat with the Govern- ment, in the matter of the ' Jesuits' Estates.' " I have also the honor to inform you that, at a meeting of the corporation of the ' Society of Jesus,' on the 2nd April, 1888, I was appointer* general and special attorney for that purpose. "Further, that, on the 9th of April last, the Reverend Father Superior of the Mission in Canada gave me his power of attorney by deed made and passed in the city of Montreal, district of Montreal, in the office of Mtre. L. O. Hdtu, Notary Public, with full power to treat with the Government upon the conditions expressed in the letter of the Sacred College. " I havf the honor to be, Sir, " Your very obedient servant, " (Signed) A. D. Turqeon, S. J. " Procurator of the Jesuits at Montreal." Letter from Rev. A. D. Turgeoii to Mr. Mercier notifying him of Mr. Tur- geon's ap- pointment as attorney to Hettle the Jesuits' Es- tates ques- tion. « An Act Respecting the Settlement of the Jesuits' Estates. (Translation.) , . " Rome, 27th March, 1888. Letter from " Very Reverend Father, me^Ho^ev "^ h&ve the pleasure of notifying you that the question re- A. D.Turgeoii specting tlie revendiction of the property of the Jesuit Fathers K»^K.^*°? in Lower Canada, having been refen-ed to a special commission eiffect's'et^le- of Cardinals on the 20th of March instant, the following ment. proposition was submitted for solution: " Should authority be given to any one to claim from the Government of the Province of Quebec the property which belonged to the Jesuit Fathers before the suppression of the society, and to whom and how it should be given." , "Their Eminences the Cardinals replied as follows : "Affirmatively in favor of the Fathers of the Society of Jesus and in accordance with the method prescribed in other places, that is to say, that the Fathers of the Society of Jesus treat in their own name with the civil government, in such a manner, however, as to leave full liberty to the Holy See to dispose of the property as it deems advisable, and consequently, that they should be very careful that no condition or clause should be inserted in the official deed of the concession of such property which could in any manner affect the liberty of the Holy See. " Further, whatever the sum which the Jesuit Fathers receive from the Government, that they should be obliged to deposit it in a place of safety to be determined by the Sacred College. " The foregoing resolution was referred to the Holy Father at today's audience and His Holiness was pleased to approxe of it in its entirety ; You are consequently authorized to revendicate the said property upon the conditions above set forth. " Whilst making you this communication, I pray the Lord to preserve and prosper you. " Reverend Father, " Yours, fee, "(Signed) Jean Ca;id. Simeoni, Prefect. " (Signed) ;.). Arch, de Tyre, Secy. " The Very Reverend Father " Procurator of the Jesuits, "Montreal." • "Premier's Office, ■ - " Province of Quebec, " Quebec, 1st May, 1888. ' Reverend Father Tuhgeon, ^ " Procurator of the Jesuits at Montreal, " Montreal. " Very Reverend Father, Mr Merdfrto " ^ submitted to my colleagues the copy of the letter of the Rev. Mr. Tur- Sacred College of the Propaganda, dated Rome, 27th March An Act Respecting the Settlement of the Jeeuita' Ei^tates. last, which authorizes the Jesuit Fathers to treat in their own geon flxiuK Government of the Province respecting the ""*^ "' **'**^' " I also submitted to name with the property known as the * Jesuits' Estates.' them your letter of the 26th of April last, by which you for- warded to me that of the Propaganda, and in which you inform me that you have been appointed general and special attorney for the above purposes and that the Reverend Blather Superior of the Mission in Canada gave you power of Attorney before Mtre. H^tu, Notary, with full power, tScc, &c. " Before entering into negotiations with you respecting these estates, the Government desires you to bear in mind : " 1. That you must deposit with a notary the original of the aforesaid letter from the Sacred College, with two solemn dec- larations made according to law, and identifying the signatures of the Prefect and Secretary of the said College, which are at the end of the said document ; " 2. That authentic copies of the said letter and solemn dec- larations, as well as of the resolution of your corporation passed on the second of April last, and of the power of Attorney from the Reverend Father Superior of the Missions in Canada, be forwarded to us ; " 3. That in consenting to treat with you respecting this property, the Government does not recognize any civil obliga- tion, but merely a moral obligation, in this respect ; " 4. That there cannot be a question of a restitution in kind; as this has been abandoned by those concerned, but only a com- pensation in money to be agreed upon amicably with you ; " 5. That the amount fixed as compensation shall be exclu- sively expended in the Province; " 6. That you will grant to th^ Government of the Province of Quebec a full, complete and perpetual concession of all the property which may have belonged in Canada, under whatever title, to the Fathers of the old Society, and that you will re- nounce to all rights generally whatsoever upon such property and the revenues therefrom in favor of our Province, the whole, as well in the name of the old Order of Jesuits, and of your present corporation, as in the name of the Pope, of the Sacred College of the Propaganda and of the Roman Catholic Church in general ; " 7. That any agreement made between you and the Govern- ment of the Province will be binding only in so far as it shall be ratified by the Pope and the Legislature of this Province ; " 8, That the amount of the compensation fixed shall remain in the possession of the Government of the Province as a special deposit until the Pope has ratified the said settlement and made known his wishes respecting the distribution of such amount in this country ; " That your corporation will receive the interest upon such deposit at four cent, from the date of the signification to the Provincial Secretary of the ade of the Pope confirming the said arrangement, up to the payment of the capital, which is to be „l»HV*-9-*, 8 A' ict Respecting the Settlement of the Jesuit »' Edates, made to the persons entitled thereto within six months after the signification to the said Pro\ incial Secretary of tlie decision of the Pope respecting such distribution ; " !). Finally, that the statute ratifying such agreement shall contain a clause enacting that when such settlement is arrived at, the Protestant minority will receive a grant in proportion to its population in favor of its educational work. " These, Reverend Fathers, are the bases upon which the Government wishes to treat with you the delicate question of the property called the ' Jesuits' Estates.' " Hoping that you will second our wishes to settle the matter as soon as possible, for the advantage of all persons interested, *' I have the honor to remain, " Your very devoted servant, " (Signed) HoNOBfi Mercier, " Premier." •'/ . , « Quebec, 8th May, 1888, " Honorable Honore Mefcier, . ^ " Premier, Province of Quebec, "Sir. Letter from " I have to acknowledge receipt of your letter of the 1st of Turgeon to ^^Y ^^^^> ^^ which you state that you had submitted to your Mr. Mercier, colleagues the Indult of the Sacred College of the Propaganda, K*lf!ettle- <^ated Rome, the 27th March last, authorizing the Fathers of ment. the Society of Jesus to treat, in their own name, with the Gov- ernment of the Province of Quebec, the question of the prop- erty known as t be ' Jesuits' Estates.' " You also state that you had submitted to your Honorable colleagues my letter of the 25th April last, by which I inform you that I was appointed general and special attorney foi the aforesaid purposes, and that the Reverend Father Superior of the Mission in Canada, gave me a power of attorney before Mtre. Hdtu, notary, with power, &;c., &c. " Please accept my thanks. Sir, for the very prompt attention which you were pleased to give to my communication. " I have now the honor to reply to the different points which , your Government wishes me to bear in mind, following the order of the numbers in yours of the 1st May. " 1. The original of the aforesaid letter of the Sacred College, with solemn declarations made according to law, identifving the signatures of the Prefect and Secretary of the said College, which are at the end of the said document, have been depos- ited in the office of Mtre. Cyrille Tessier, notary, residing in the city of Quebec. " 2. Enclosed please find authentic copies of that letter and of < tw solemn declarations, as well as of the resolution of our Corporation passed on the 2nd of April last, and of the power of attorney of the Reverend Father Superior of the Mission in Canada, the original whereof under the number eleven thou- ; i. ^iVl^..', f . ■'T, I An Act Re»iicctin(j the SdtUmcnt ufthe Jesuits' KUatea. sand eight hundred and fifty-four, iLMuains in tho oHice of Mtre. L. O. Hdtu, notjiry, residing in tho city of Montreal. " 3. The moral obligation whicli tho Oovornmeat rocogni' es in consenting to treat with me is a sufficient guarantee to ^-or- mit of my Catering upon the negotiation. " 4. The Holy See, the superiors of tlio Society of Jesus and tho corporation which I rep. osont, whilst praising your desire to render justice to the Fathers of the Society of Jesus, also wish to assist the Government in settling this ([uestion, and to give a proof of their devotion to this country and to the Prov- ince of Quebec in particular; they will consequently be satis- fied with a fair compensation, regard being had to tho value of the property heretofore in the possession of the Jesuit Fathers, in place of a restitution in kind. " Such compensation in money will be fixed amicably, as I have reason to hope from the great kindness that you havo so far shown me, and the generous assistance which will be given to us by your Honorable Oolleaguos, anil the Honorable mem- bers of both Housp.'i. " If, however, it should be necessaiy to resort to arbitration, none of the parties interested can object thereto. " 5. Relying upon the constitutions of tho Society of Jesus, and upon the intentions of the former donors, I can affirm that ♦he sum fixed as compensation and which will be received by the Jesuit Fathers, will be exclusively expended in the Province. " 6. The Government of the Province of Quebec will receive a full, complete and perpetual concession of all the property which may have belonged in Canada, by whatever title, to the Fathers of the old Soc' jy, and the Jesuit Fathers will renounce to all rights generally whatsoever upon such property and the revenues therefrom in favor of the Province, the whole, in the name of the Pope, of the Sacred College of the Propaganda, and of the Roman Catholic Church in general. " 7. Any agreement betv/een the Government of this Prov- ince and the Jesuit Fathers will be binding only in so far as it shall have been ratified by the Pope and the Legislature of this Province. " 8. The amount of the compensation fixed shall remain in the possession of the Government of the Province as a special deposit, until the Pope has ratified the said settlement, and made known his wishes respecting the distribution of such amount in this country. " Our corporation will receive the interest upon such deposit at four per cent, from the date of the signification to the Pro- vincial Secretary of the cicte of the Pope confirming the said arrangement, up to the payment of tho capital which is to be made to tho persons entitled thereto within six months after the signification to the said Provincial Secretary of the decision of the Pope respecting such distribution. " 9. As this clause does not touch the question which I am entrusted to treat with the Government, 1 wish you would dis- pense with my replying thereto. ■HIP mmmmmm 10 A'li Ad liespectiwj the Settleiiient of the Jesaits' Estates. " It now only remains for me, to again express my gratitude, and to promise you my assistance in aiding you to settle as promptly as possible this delicate question. " J have the honor to be, " Vour ver}' humble servant, "(Signed) A. D. Tuhgeon, 8. J., ' " Procurator of the Jesuits." ' "Phemier's Office, "Quebec, 14th May, 1888. " Reverend Father, T^ett^froin « In reply to your letter of the 8th inst., I have the honor to caliii)};"pr- s : led 5h. Whereas the documents transmitted by the very Reverend Father Turgeon, with his aforesaid letter of the 8th May, 1888, are in the following words : " Extract from the minutes of the corporation of the Society of Jesus at a meeting of the members of the said congrega- tion, held on the second of April, eighteen hundred and eighty- eight, at the house of the Immaculate Conception in Montreal, Rachel street. {Translation.) " Father Adrien Turgeon is appointed general and special attorney of the Reverend Father Superior for the purpose of treating with the Government of the Province of Quebec, re- specting the question of the estates of the late order of Jesuits in Canada (Jesuits' Estates), or any other question." " (Signed) F. Vignon, S. J. Secret." Extract from minutes of cor- poration of society of Jesua appoint- ing Kev. A. D. Turgeon as genaral and special attor- ney to treat with Govern- ment respect- ing Jesuits' Estates. " Before Leonard Ovide Hdtu, notary public, duly admitted Delegation of in and for the Province of Quebec, one of the Provinces of the P<>wer8 Rev. 16 to Rev. A. Turgeon. An Act Henpcctin(j the Settlement of the Jesuits^ Estates. D. Dominion of Canada, residing in the city of Montreal, in the district of Montreal, in the said Province of Quebec, under- signed, appeared ; " Reverend Father Pierre Hamel, Superior of the Society of Jesus in Canada, residing in the city of Montreal, in the dis- trict of Montreal, who, by these presents constitutes and ap- points as his general and special attorney, the Reverend Father Adrien D. Turgeon, Rector of St. Mary's College, of the city and district of Montreal, to whom he gives and delegates all rights and powers which he possesses or may possess hereafter, either in his personal capacity or as Superior of the Society of Jesus, or as delegate, attorney or charge d'affaivis of the Rev- erend Father General of the Society of Jesu.', or as delegate, attorney or charg4 d'affaires of the Holy Seo, with reference to the property of the Jesuits now held by the Government of the Province of Quebec, and to any matter directly or indi- rectly connected with the question of the former estates of the Jesuits in Canada, and with reference to all transactions of any kind whatsoever, which might be effected from and after this date with the Government or Legislature of the Province of Quebec, or with any minister or member of the federal or pro- vincial Governments in Canada, and also wi h reference to any petition, bill or measure which might be submitted of the parliaments or legislatures of Canada by the Society of Jesus or by any establishment of the Order of Jesuits, or submitted to the said parliaments or legislatures by other persons, but affecting directly or indirectly in any manner the rights or in- terests of the Society of Jesus or of any of its establishments, especially the power of asking and receiving from all persons to whom it may appertain, the movable and immovable pro- perty and movable and immovable claims belonging to the Society of Jesus or of which the party appearing, in any of his aforesaid qualities, shall have the control, direction, or ad- ministration or disposal, by any title whatsoever, the power to sell, abandon, exchange, transfer or lease the said property to such person by such means and for such prices, charges, clauses, conditions and considerations, as the constituted attorney shall deem advantageous or acceptable, to bind himself to all guaran- tees, to receive the price of the said property and give a dis- charge therefor, to accept any indemnity and consent to any arrangement or compromise of any kind whatsoever, to receive the said indemnity or compensation and to give a good and valid acquittance therefor, to name and appoint all advocates, counsel, arbitrators, umpires and experts, etc., to substitute one or more persons in the whole or in a portion of the present powers, to revoke the same and substitute others therefor, and sign all deeds to the above effect and generally to do, in the most ample manner, everything which the appearing party might himself do, although not herein provided, ratifying and promising to ratify the same at once upon being so requested, these presents to remain valid until expressly revoked, not- withstanding their expiration or lapse of time. An Act Respectincj the Settlement of the Jesuits' Estates. "Thus done and passed in the city of Montreal, in the dis- trict of Montreal, in the office of the said undersigned notary, in the year one thousand eight hundred and eighty-eight, on the ninth day of the month of April, in the afternoon, under the number eleven thousand eight hundred and fifty-four. " And the party appearing has signed with me the said notary. " (Signed) P. Hamel, S. J., "(Signed) L. O. Hbtu, N. P. " True copy of the original remaining of record in my office. " (Signed) L. O. Hbtu, N. P. 17 " In the year one thousand eight hundred and eighty-eight, on the fifth of May, before the undersigned Notary Public for the Province of Quebec, Canada, residing in the city of Quebec, appeared : "The Very Reverend Father Adrien D. Turgeon, of the city Deed of depo- of Montreal, member of the Society of Jesus, rector of St. f^^^ original Mary's College, at Montreal, in his quality of representative or (fjnaf Simewji. attorney, in accordance with the deed of delegation of powers of the 9th of April last (1888), before L. O. H^tu, notary, at Montreal, of the Very Reverend Father Pierre Hamel, of the city of Montreal, Superior of the Society of Jesus in Canada, in the different capacities detailed in the said act, who hereby deposits with Cyrille Tessier, the undersigned notary, and re- quires him to place the same among his minutes, dated this (lay, the original of a letter (or Indult) in Italian and Latin, addressed to the Very Reverend Father, the Procurator of the Jesuits of Montreal, by His Eminence Jean Cardinal Simeoni, Prefect of the College of Propaganda, dated at Rome, on the 27th day of March last : which letter, to which is affixed the signature of His Lordship the Archbishop of Tyre, Secretary of the said College, is annexed t-j the minute hereof, after having been by the appearing party, duly certified and signed in pre- sence of the said notary. " To the minute of this deed are also annexed two solemn declarations verifying and identifying the signatures affixed to the end of the said letter ; one of Monsignor Henry Tetu, of Quebec, priest, Private Chamberlain of His Holiness Leo XIII, Almoner of the Archbishop of Quebec, and the other of Mon- signor Cyrille Alfred Marois, priest, private Chamberlain of His Holiness Leo XIII, Secretary of the Archdiocese of Que- bec, residing at Quebec, which declarations are dated this day and were received before Cy. Tessier, the undersigned notary, at Quebec, under the number seven thousand four hundred and seventy-nine, of the minutes of Cy. Tessier, the undersigned notary. 18 An Act Reapecting the Settlement of the Jesuits' Estates. " In faith and testimony whereof, the party appearing has signed with the said notary, the same having been duly read. « (Signed) A. D. Turqeon, S. J., " (Signed) Cy. Tessier, N. P. " True copy of the original remaining of record in my office. " (Signed) Cy. Tessier, N. P." ii >• Origriijal letter " S. Concfregazione di propaganda froji Cardinal *' ,. a^^„x„».;„ * ^ " SJaieonitothe begretaria Trocurator of " No. 1590. ^eJeeuita. " Oggetto. " Rmo Padre, " Roma li 27 Marzo, 1888. " Ho il piacere di significare alia P. V. che deferita la ques- tione concernente il riacquisto dei beni dei Padri Gesuiti nel basso Canada ad una speciale commissione Cardinalizia nel giorno 23 corr. Mai o fu ad essa proposto a risolvere il dubbio seguente : " Se, come, ed a chi convenga dare I'autorizzazione di reclamare dal Governo della Provincia di Quebec i beni ap- partenuti ai PP'. Gesuiti prima della soppressione della com- pagnia." Orra gli Emi Oardinali risposero : " Affirmative, fa- vore PP. oocietatis Jesu et iuxta modum alias praescriptum, scilicet PP.Societatis Jesu suo nomine cumcivili Gubemio agant, ita tamen ut Sedi aplicae plena libertas maneat de iis bonis dis- ponendi, prout opportunum indicaverit, et ideo curandum illis omni studio est, ut nulla conditio vel clausula in publico instru- mento cessionis bonorum apponatur, quibus S. Sedis libertas quocumque modo afficiatur. Insuper quamcumque sum man PP. Societis Jesu percepturi erunt a Gubemio, deponere tene- antur in loco tuto a S. Congue determinando." " Riferta la sud*. risoluzione nell'Udienza del giorno stesso 20. Marzo al S. Padre' Sua Santit^ si degnd approvarla in tutte le sue parti, Quindi h che la P.V. ^ autorizzata a revendicare i beni stessi con le condizioni gia esposte. " In questa intelligenza prego il Signore, che La conservi, e La prosperi. " Di V. P. " Affmo " Giovanni Card. Simeoni Prefetto. " Ray mo " P'^ Procuratore dei Jesuiti di " Montreal. " D. Archiv. Di Tyr Segret. This is the original letter mentioned in a certain deed of 5 An Act Respecting the Sdtlement oftfie Jesuit i' Estates. 19 deposit made by me this day before Cy. Tessie ', notary, at Quebec, which letter I certify to be true. "Quebec, 5th May, 1888. " (Signed) A. D. Turoeon, S. J. " In presence of " (Signed) Cy. Tessier, N. P. " A true copy, " (Signed) Cy. Tessier, N. P." " I, Henri T^tu, Priest, Private Chamberlain of His Holiness Declaration Leo XIII, Chaplain of the Archbishop's Palace, Quebec, residing ^^^^ ^' in the city of Quebec, solemnly declare that the signatures, signatures to " Giovanni Card. Simeoni Prefetto " and D. Arciv. di Tyr Se- !«"«'• giet, at the foot of the letter — or indult — in the Italian and Latin languages, addressed to the Rev. Father Procurator of the Jesuits of Montreal, dated at Rome on the 27th March last (1888) and bearing the number 1590 are, severally, the signatures of Cardinal Simeoni, Prefect, and of his Lordship the Archbishop of Tyre, Secretary of the College of the Propa- ganda. " And I make this solemn declaration, conscientiously be- lieving the same to be true and by virtue of the Act passed in the thirty-seventh year of Her Majesty's reign, intituled : * An Act for the suppression of voluntary and extra-judicial oaths.* " (Signed) H. Tetu, Priest, C. S. " Declared before me, notary, at Quebec, this fifth day of May, 1888. " (Signed) Cy. Tessier, N. P- " This is one of the solemn declarations of which mention is made in a certain deed of deposit made by me this day, before Cy. Tessier, notary, at Quebec, to the original of which deed it has remained annexed. " Quebec, 3rd May, 1888. " (Signed) "In presence of " (Signed) A. D. TURQKON, S. J. Cv. Tessier, N. P. " A true copy, " (Signed) Cy. Tessier, N. P. " *' I Cyrille, Alfred Marois, Priest, Private Chamberlain of His Dedaration Holiness Leo XIII, Secretary of the Archdiocese of Quebec, re- of Rev. c. A. siding in the city of Quebec, solemnly declare that the signa- ^^fnatu*^ to tures : " Giovanni Card. Simeoni Prefetto " and " D. Arciv. di letter. Tyr Segret," at the foot of the letter or indult in the Italian 20 An Act Rei^'pecting the Settlement of the Jesuits' Estates, and Latin languages addressed to the Reverend Father Pro- curator of the Jesuits at Montreal, dated at Rome the twenty- seventh of March last (1888), and bearing the number 1590, are, severally, the signatures of Cardinal Simeoni, Prefect, and of His Lordship the Archbishop of Tyre, Secretary of the Col- lege of the Propaganda. "And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Act passed in the thirty-seventh year of her Majesty's reign, intituled : ' An Act for the suppression of voluntary and extra-jndicial oaths.' " " (Signed) C. A. Marois, Priest, C. S. " Declared before me, notary at Quebec, this fifth of May, 1888. " (Signed) Cy. Tessier, N. P." " This is one of the solemn declarations mentioned in a cer- tain deed of deposit made by me, this day, before Cy. Tessier, notary at Quebec, to the original of which deed it has remain- ed annexed. " Quebec, 5th May, 1888. " (Signed) A. D. Turgeon, S. J. " In presence of " (Signed) Cy. Tessier, N. P. " A true copy, "(Signed) Cy. Tessier, N. P." s Preamble, Whereas it is expedient to put an end to the uneasiness which exists in this Province, in connection with the question of the Jesuits' Estates, by settling it in a definite manner : Therefore, Her Majesty, by and with advice and consent of the Legislature of Quebec, enacts as follows : — « Certain agree- 1, The aforesaid arrangements, entered into between the wTd ma^toe^*^ Premier and the Very Reverend Father Turgeon, are hereby carried out, ratified, and the Lieutenant-Governor in Council is authorized to carry them out according in their form and tenor. Cert&in stun may be paid out for pur- pose of such 8«ttlement. !8. The Lieutenant-Governor in Council is authorized to pay, out of any public money at his disposal, the sum of four hun- dred thousand dollars, in the mani'er and under the conditions mentioned in the documents above cited, and to made any deed that he may deem necessary for the full and entire execution of such agreement. An Act Respect ing the Settlement of the Jesuits' Estates. 21 On settlement being effected certaju sum to be paid over to Protest mt Coiuinittee of Council of Public In- Btructioa In- vestment of Huch suni and application of interest thero' of. 3. The Lieutenant-Governor in Council is authorized to (lovernment transfer to the Society of Jesus, a society incorporated under '^^'l'* *|^ I'*" the Act of this Province, 50 Victoria, chapter 28, all the rights may'^be'trlSs" of this Province in and to Laprairie Common. ferredtoSo- '■ ciety of Jesus. 4. On such settlement being effected, the Lieutenant-Gover- nor in Council may pay, out of any public money at his dis- posal, a sum of sixty thousand dollars to the Protestant Com- mittee of the Council of Public Instruction to be invested by the said Conunittee. The interest from said investment shall be annually appor- tioned by the Protestant Committee, with the approval of the Lieutenant-Governor in Council, amon^ the Protestant institu- tions of superior education, in addition to and in the same manner as any sums now granted by law for the purpose of Pro- testant superior education in this Province, •I, The Lieutenant-Governor in Council is authorized to en- Li*^tenant- force wherever necessary all claims that may become due to the (;,)vernor in Government of the Province owinij to the execution of the ''"Fy'"^ ""' - . , , ° such agree- aforesaid agreement. ments. 6. The Lieutenant-Governor in Council is hereby authorized I'roperty to dispose, in the manner he deems most advantageous to the l^'jg^^ui^. j;,. Province, of the whole of the property, movable and immovable, tatea " may be interests and rights, generally whatsoever of the Province upon ^'?P|8ed of by ,, . , r 1 ^ L\ T -1 I n , , * Ijieutenant- the said property known as the Jesuits Estates. Governor in Council. 7, The Act of the Legislature 48 Victoria, chapter 10, not- ^ v., c. lo, withstanding section 5 of the said Act, and notwithstanding *^*' ^' a.uy other Act to the contrary, shall apply to the said estates. Application the proceeds whereof may be applied also, notwithstanding arising' ^om any Act to the contrary, for the above mentioned purposes, or disposal of for any other purposes approved by the Legislature *" property.