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 1 
 
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 5 
 
 6 
 
ur-^i^mm, 
 
 '*-.> ,■ 
 
 FEUDAL EIGHTS ANB BUT 
 
 IN 
 
 LOWER CANADA 
 
 ^^MjH 
 
 18 VICT. CAP. 3. 
 
 :j *. 
 
 "^.j 
 
 
 i >. 
 
 • ^' 
 
 
 QUEBEC: 
 p|t!rrED BY STfiWART DERBISHIRS JiKP C^^OROE BESBARAI 
 LftW Printer to tbe Qoeeo's Mont Exosllent Mtjeaty. 
 
 1854. 
 
 
 
 C- I- 
 
 14- 
 
 ■n' 
 
 By if * 
 
 ''& 
 
 
 *dL/l-'t:i'. > ■; 
 
 •>i1i,l !r> ''f , "'' 
 
 
AN ACT 
 
 
 FOR THE ABOLITION OF 
 
 "EUDAL RIGHTS AND DUTIES 
 
 9/ 
 
 y 
 
 IN 
 
 LOWER CANADA. 
 
 ^."v^.'V-.-VW-.,. VrfW- ■^\^\.~^'^\.-^: 
 
 CAP. III. 
 
 ^■4^ 
 
 ^i* i ^i'^" <i mi<<<My.#viw 
 
 V c a <.i.' ^^- 
 
 
 QUEBEC: 
 
 PRINTED BY STEWART DERBISHIRE AND GEORGE DESBARATS, 
 
 Law Printer to the Queen's Most Excellent Majesty. 
 
 1854. 
 
 1 
 
Acts 8 V. 
 c. 4-', 
 
 .ilbs. 
 
 1854. 
 
 ANNO DECIMO-OCTAVO 
 
 V I C T O R I iE U JC G F N TIC . 
 
 CAP. III. 
 
 An Act for the abolition of feudal rights and duties iu 
 Lower Canada. 
 
 [Assented to Ibth December^ 1854.] 
 
 Preambl.'. T¥T1IEREAS it is cxpediciil to abolish all fciulai rights and 
 f Y duties in Lowor Canachi, whethiT hearing upon the 
 rVnAjVam,' or upon tho Seignior, and to seeun; lair eoinp<nsaru)n 
 lo the jailer for every lucrative right whicrh is now legally his, 
 and which he will lose by such abolition ; And wlu'reas in 
 cujnsideration of the great advanlages whi<'li nnist result It) the 
 Province from the abolition of the said Kj'udal Rights and 
 duties and tin; subslitulion of a fret' tenure for that under 
 which tlu! pro))erty subject thereto hath heretofore been held, it is 
 expedient to aid the Cc«.s77«m' in th«; redeni|)tion of the said 
 charges, more especially as regards those which while Ihey 
 |)r('ss most heavily on industry and enlerprize, eaimot from 
 their very nature be otherwise made inuni'dialely redeemable 
 without grit.'vous hardship and injustice in many cases : 
 B(! it therefore enacted by the Queen's Most KxcelU'nt Ma- 
 jesty, by and with the advice and consent of tlu^ l^egislative 
 ('ouueil and of the Legislative Assembly of tlu^ Provin(!e of 
 Canada, constituted and assembled by virtue of and undt-r 
 tht^ authority of an Act passed in the Farlianient of the United 
 Kingdom of Great Britain and Ireland, and intituled, An Act 
 to re-unite the Provinces of Upprr and Lower Canada^ and for 
 the Government of Canada^ and it is lu'reby enacted by tlie 
 authority of the same, as follows : 
 
 I. The Aet passed in the eighth year of Her Maj(*s(y's 
 Reign, intituled, An Aet the better to faeiUtate optional eomnwla- 
 tion of the tenure of lands en roture in the Sei i^niories and Fiefs 
 in Lower Canada^ into that of frane-aleu rotnrier^ and the Aet 
 passed in the twelfth yearof Her Majesty's Reign, and intituled. 
 And 12 V. An Act to amend the Act passed in the eighth year of Her 
 c- <9i Majestips Reip^n^ intituled, ' An Aet the better to facilitate 
 
 ' optional c.ommutatian of the tenure of lands en rolure in. the 
 ' Sei«^niorics and Fiefs in Lower Canada, info that of franc-alcu 
 ' roiurier,'* shall be and they are hereby repealed in so far as 
 regards the Seignories to which this Act applies : but deed.s of 
 commutation granted or other things done under them shall 
 remain in full force and have the same eflect as if the said Acts 
 had not been repealed. 
 
 Repealed as 
 regards Seig- 
 niories to 
 which this 
 Act extends. 
 
 and t( 
 or resi 
 before, 
 scribe 
 oath ; 
 
 DETERMINATION 
 
1854. 
 
 Scigttwrtaf Art of 1864. 
 
 Cap. 3. 
 
 11 
 
 URTRMMmATION OF TIIK PRICE TO BR PAIII BY REI6NIOR ANB 
 i'KNSITAIRK FOR TUB COMMUTATION OF TUB TKNURE OF THKIR 
 PROPKRTT. 
 
 11. It sIkiII \)v. liiwliil for the (Jovcmor to appoint ConiniL*- ,;„yg,„„^,„ 
 sioiH'is iimlrr tliis A( t, and from tinio to tiinr to nniiove them, appoint Com- 
 and t() appoint others in thn phme of any so rnnovod, or dyinjCf ""'•••ii"i«'iS' 
 or rrsif^Miin^' oHict' ; and each of thn said Commissioners shall, 
 before enlerin,",' upon Die duties of his ollice, take and siib- 
 scrihe, before a .litdLje (»f the Superior Court, thu foHowinR 
 oath ; 
 
 '" I? , swoar that I will faithfully, and without iviroatli of 
 
 " partiality, fear, favor or afleetion, perform my duty as Com- ofiiif. 
 " missioner under the Seigniorial Act of 1H.'»4.'' 
 
 III. The said Commissioners shall receive for their so r- Remuneration, 
 vices luider this Act, and for their necessary expenses and dis- 
 bursements, such c«»mpensation as shall b(5 allowed to them 
 respeirtivejy by the Covernor, and jio other fcPH or emoluments 
 whatsoever. 
 
 IV. Each of the said ('ommissioners shall and may act as Commis- 
 »uch in any |)art of Lower Canada, and they shall be aiding ?'"'"'"'/? ""^^ 
 lo each other, so that any one of them, if need be, may con- J!I,ioHus*'^- 
 tinue and complete the work hegim l)y any other of them ; signed tothem 
 but subject to this provision the (jovcrnor may, from time to "sj'eciively. 
 time, assign the S«Mgniory or Seigniories in and for which 
 
 each of them shall act. 
 
 V. It shall be the duty of each of the said Counnissioners Tiicy sluil 
 to value the several rights hereinafter mentioned, 'with regard m.-ike a Sc lie- 
 to each Seigniory which shall be assigned to him as aforesaid Sei^njlry^'* 
 ])y the Gov<;rnor, and to draw up in tabular form in triplicate, a shewing :' 
 Schedule of such Seigniory, shewing: 
 
 1. The total value of the Sciigniory, that is to sayof al? the pro- Thein<al 
 perty and lucrati?e rights which the Seignior holds )« «uch, *»!'•« ;^'th« 
 Avhether as Seignior <;A>/;//wa«^ of any fief licid of him «f such '^'"'*"""^ • 
 Seignior or otherwise, including in such total va'ac, the value 
 
 of the rights of the Crown ; 
 
 2. The value of the rights of the Crown in the Seigniory, in- The value of 
 eluding tlu^ value of the dnnt dcquint^ and all other valuable {{jj! |;'|f„ J^*n" 
 rights of tho Crown therein as Seignior dominant ^ or by reason therein; 
 
 of any reservation in the original grant of the Seigniory, and 
 any diflercnct; between the absolute value in franc-aleu rotnrier 
 of all unconceded lands, waters and water powers in the Seig- 
 niory, and appertaining thereto, and the value of the Seignior's 
 jfigbts rherojn, an they may bo aunrrtained by the dpcil^rons of 
 
 • I 
 
 I ., 
 
 ih 
 
 « 
 
 If 
 
12 
 
 Cup. 3. 
 
 Stiff niorial Art of 1854. 
 
 18 Vict. 
 
 Ami Dl'thokM 
 of any other 
 Sfigiiior tlomi- 
 itant i 
 
 Hie yearly 
 valiiv of tliH 
 
 3. The value ol'ilie lucrative rights of the Seignior ilominant^ 
 of whom the Seigniory for whieh the Sehedule is made may be 
 held, if the Seigniory he an urriire-ficf ; 
 
 A. The yearly value of ihe Seigniorial rights upon each land, 
 tliat \h to say, ea<li parrel of land originally conceded hr 
 
 nBhtl'on each 'i !^t*P'' '■''''-* '*''' «"" aeiti'ally owned at the time of making the 
 lot; Sehcjlule hy a separate person ; entering severailv, — the 
 
 yearly value »>f llie huls il i7«/t.v, — the ytN'trly value (if any) of 
 ilip droit ill. humtl tie ^ and of the «'\»lnsive right, to build mills 
 in ihe Seigniory, as disliiigiiished from the right to Ihe water 
 powers, if such rights he recognized by the decision of the 
 .ludges who are to en<|uire of the same as Iwreinafter provided, 
 hut not otherwise, — the yearly value of the cf.ns cl rentes and 
 other lixeii rights, ami of any oilier legal charges to which the 
 land may be subject ; but ihe droil ilc rf trait shall not be deemed 
 a lucrnlivc right ; 
 
 The extent of 5. The extent of such land according to the title of the owner, 
 each lot; if produced, iuid whether it is held lor agricultural purposcn, 
 or isa mere emplaccniejitor btiiUling lot ; 
 
 IIow the 
 rhar^jes on 
 any lot ^hall 
 lie lielermiu- 
 ed; 
 
 And itsei* 
 tent ; 
 
 How each lot 
 shall hf; des- 
 eribed in the 
 Schedule ; 
 
 Commuted 
 lands how to 
 be entered. 
 
 General rules 
 for valuation. 
 
 r«/i« <il ranles 
 and annual 
 i-har(i;e6. 
 
 6. In detp'rmining Ihe Seigniorial chiirges to which each land 
 is subject, the Coinmissioncr shall he guided by the title of the 
 owner from the Seignior, subject to the decision of the Judges 
 hereinafter mentioned, if snch decision shall in any way limit 
 the rights of the Seignior under the said title ; and in the ab- 
 sence of the tide of the owner, the Commissioner shall deter- 
 mine the extent of the land and the Seigniorial cliarges to which 
 it is subject by such Books, Plans, jiroecs-verbauXy or other 
 secondary evidence as he may be able to procure ; 
 
 7. Each land shall be described in the Schedule by the num- 
 ber, and concession, under which il stands in the land-roll 
 of the Seignior, (or if it bear no such description therein, 
 then by the best brief designation the Commissioner can assign 
 to it,) and the name of the owner as it appears on the land-roll, 
 and in default of information on any of the said points, 
 the Comjuissioner may describe it in such manner as he may 
 think most convenient, provided he assign to each land a 
 separate and distinct number ; 
 
 8. The Commissioner shall also include in the Schedule all 
 lands in regard to which ihe Seigniorial Rights have been 
 commuted, and write opposite thereto the word " Commuted" 
 only. 
 
 VI. In order to determine the value of the Seigniorial rights 
 on lands held in rotnre^ the Commissioner KJiall ob»erv« ihe 
 following ndes, namely : 
 
 1, The amount of the nns it rentes and annual charges shall 
 be taken as the yctuly value thereof ; and if any of such renin 
 
 Of 
 
1854. 
 
 Seigniorial Act of 1851. 
 
 Cnp. 3. 
 
 18 
 
 veil. 
 
 or char^cH be pnyuhic in grain, Jowls or oilier provisinns or 
 fruits ot llic earth, their avenigt! value shiill be coinpiiled ac- 
 cording lo llu^ av«'raa[c prif • oi'arliclcs ol' the same kind, lakt'n 
 from the book?* of the nierehanls nearest to (he plare, or aseer- 
 tained in any otlitM' manner the Commissioner shall ihiiik 
 most eqnilabh^ ; lo establish siu-h average year, the fonrtei'n ,\i( i. 
 yeurn innnedialely preeiiiliiig the period iit which the valuation 
 is niad<', sh: bi^ taken, tlie two highest and the two lowest 
 shall be struck out, and the average year shall be established 
 on the ten remaining years; the value ol" personal labour 
 {cofv6es) shall bi; estimated in the same maunir; 
 
 2. In order to establish tiu; yearly value of the casual Cmiiil fi:.'iit«. 
 
 right^ 
 
 an 
 
 averagt! year ol' their vahu^ shall lie computed for 
 
 each «)f the twtt ciasses ol' lands hereinal'ter memioiicd, 
 
 upon the ten years inmiedialely preceding the passing of this 
 
 Act, and th»! auKumt of the valuation of the said average year 
 
 Mhall be lh(^ yearly value of the said casual rights for all the 
 
 lands in the Seigniory of the same <'lass ; and the L'(»uuuis- Valm' m W« 
 
 sioners in estimating the yearly vabu'; (»f the lodsit rrntrs in r/ it/i/.x m 
 
 any Seigniory, shall distinguish those accruing on lands held 
 
 'dfi cinpliKTincntti or building lots or for other than agricultural IJJIpi 
 
 rii'iiliiii,'it 
 
 IDlls I'lMlJ oil 
 li'cirli'nts 
 
 purpo 
 agrieu 
 
 wl 
 
 dell shall lorm one class, from those on lands held to iH-.iistin 
 
 llural 
 
 P' 
 
 H'poscs, which shall form another class ; and '-'""'"'"• 
 the Connnissioner siiall apportion the yearly value of the Inds it How uppor 
 
 nil's on «'ach class, upon th(! lands belonging to that ela> 
 
 tlolli'il 
 
 charging each land with Ji p()rti«)n thereof proportionate to its 
 
 value with regard to lands held as fiiiiildcniiittls or building 
 
 lots, or for other than agricultural purposes, and pro|)ortionat(! to 
 
 its extent with regard to lands held for agricultural purposes : 
 
 and any rrtttr expressly chargctl in any Deed of partial a- f^ 
 
 eonimntation under the Act«i hereby repealed, as an ind'Miinitv ''I, 
 _ . . •'.*.._ . ■■.*/ii./ 
 
 > mite 
 
 iic.~('niinr; 
 
 to be paid by the i'cnsitain; instead (»f tods tl veiilrs, shall be iIIX',. ,|',,"!,'iuj 
 held to represent the value of the right to fods ct ir/dm on the coiiiinuiuiion. 
 land referred to, and shall be entered and dealt with Jii all 
 respects accordingly ; 
 
 3. In order to establish the yearly value of the droit de j),-uit <!,■ 
 hanalite and the exclusive right of having mills in the Sei- ImimIiU. 
 gniory, (indep(.'ndently of the rigiit to the water powcu-,) if any 
 
 such rights be recogniw d by the said Judges as aforesaid, the 
 Coinnnssioner shall estimate the probabltMlecrease (if any) in 
 the nett yearly income i)f the Seignior I'rom his mills, to arise 
 from theloss of such right, and the said sum shall be deemed 
 the yearly value of sueli right, and shall be apportioned upon 
 the lands subject to the said right in proportion to th(;ir extent ; 
 
 4. Any other rights shall be valued accoaling to the revfnuie oihei tit;lit.s. 
 or profits which may have accrued therefrom to be ascertained 
 
 by the Connnissioner in such manner as he shall dtiem most 
 equitable, and ehall be ciiargc^l upoA the laiKlri subject thtnetu 
 reapectively ; 
 
It 
 
 Cap. 3. 
 
 Siffffu'onat All of IM.'il. 
 
 1« Vict. 
 
 Yfoily viiliifl r». Tlir yearly value of ra( li cla^sol' ii;,'lil^ upon racli land, 
 
 ol nil ii«lii* t'» f.|in|| liccona* a iinir nufsNhiir cliarunl upon Jlu* sainr as llir 
 
 iMio a rcii/.' (•oinpt'MMalioii payal)Ii' lo Inr .Sri^Miaa' lliricol, and llir tola! 
 
 ii > II fiii III' t\ot\ MiuonnI of !*\\r\\ miles rnttsliliirvn on any land, al'irr ilir 
 
 » acli laiiil. jlcdnciion lo be made iImkI'ioiii as linrinarirr provided, 
 
 shall Ix' |)ayal>l(* to tlic Si-i^iiioi yearly, at llir liinr and 
 
 Whenpuyiiblp. |>larc wJH-rr Oir crus H rt'ittrs on >urli land arr now payalilr, 
 
 unless it be otherwise agreed between the Seiijnior an<l the 
 
 ('ittsUnin\ and shall aeerur Iroiu the day on which nolier of 
 
 the deposit oi' the Schedule of the Seigniory shall be given in 
 
 tliP Canmht, (inziltr, on which ilay the present vvim rl retilvs 
 
 and other annual charges upon the hind shall cease to 
 
 accrue ; and both they and iUr rvntes amstifto'is nmlcr this Act 
 
 shall accrue raleably lor any broken period less than a yvat, 
 
 during wliitli they may exist ; 
 
 A> Id lir<>k«'ii 
 |it'ru'il«. 
 
 null' Kinsti- 
 liuf piiyiililr 
 to him. 
 
 v.itiie 111 iiic G. The value of the rights (»!' the Seignica* Ihnuiiintit in any 
 nuiii^oi Si- (i,,i,;,f.fi,f shall form the capital ol' a ftnlv atnHlilinv payable 
 m/riMo 111- ilii- yearly by the Seignior ol the tirnm-firf, on the day ol the 
 • iipiml ol 11 dale ol the puhjicaticai in the Cat/utlir HazvUc ol" tin* iioliee of 
 the deposit of the Scliedule of such iirritre-fivf, and accruing 
 from the day of such publication ; but out of the moneys coming 
 t(»llie Seignior of llie iinirrc-/ir/\ from the Provincial aid herein- 
 l\\* Khan- ill after mentioneil, a suiii lieariiig the same proportion to the wliolff 
 thf iMiiulpm- „j'm„,), inonevs as the value of the rights of the Seignior fh>mi- 
 
 Milt'(i I'J llllh , ,•.,.,, 1^1 "i ,. 
 
 Act. nant in sneli (/rrirrr-jirj bears to the value set upon tlie Seigni- 
 
 orial rights of the Seignior srn'ru/t in such (//r/r/Yy/V/', shall 
 belong to the Seignior Doiuiiuint, and his sai«l rvnie cnnslituee 
 shall be diminished by the amount of the yearly interef«t at 
 six per cent |)er annum, of the sum so coming to liiin out of 
 the said Provincial aid ; 
 
 Clonal liglils 
 of the Crown 
 liow Viiliitd. 
 
 7. And in estimating the value of ih«' casual rights of the 
 Crown in relation to e;ic|i Singnioiy, the ("oinmissitaier shall bo 
 guided, as nearly as possible, by the same rules as are hereby 
 prescribed for the determination of the yearly value of Uie 
 casual riirhls ol the Sciyniors. 
 
 pduir for any 
 lat duly, sliall 
 
 Noli.'. ■ liy lilt' VII. Before beginning lo pn'pare the Schedule for 
 
 ! "I""""*"""'' Seigniory, the Commissioner cnlriisled uith tin 
 
 riicnriiij,' (lis n'^'" pii>>bc notice ol tli(^ place, day and iionr, at which ho wul 
 
 iiKliiiry. begin his in(|uiry ; and such notice sliall be rnjide by j)la- 
 
 <'ards and publiealioiis in the Knglish and French languages, 
 
 at the do«a* of every parish I'hurcli in such Seigniory, during 
 
 lonr consecutive Sundays at the eoneliision of divine service 
 
 in the forenoon, or by placards in both languages, posted 
 
 during four consecutive weeks, in the most frecpieiited plaoe 
 
 iiiuny Seigniia-y in which there .shall be no church. 
 
 "'""hni?!? ^^^^' ^^ '"^^'^^^ Ih* lawful for the Commissioner to enter upon 
 tTe ".unHiL"'^ all lands situate in the Seigniory the Schedule whoroof is to bo 
 cift)icii)')iiiry. made by hiin, in order to i a alee such exan^injvtjo}) thurtiof ft» 
 
 my 
 
I" 
 
 IS Vict. 
 
 ciicli liiri<l, 
 
 iiiir iiM the 
 
 I tlic loliil 
 
 iillcr llir 
 
 Hiovidfd, 
 
 linic jind 
 
 f piiyahlr, 
 
 r ami llio 
 
 li notice (if 
 
 if tjiviii ill 
 
 .s rf ri'ttlia 
 
 vvnsc to 
 
 T this Art 
 
 iiii a y<!ur, 
 
 u/tf in any 
 
 V' |)ayal)li' 
 
 lay iil'tlip 
 
 notirr of 
 
 arc-riiing 
 
 ys coining 
 
 litl lincin- 
 
 tlu' wliolft 
 
 lior /hunt- 
 
 lu' Siiigni- 
 
 '-Jir/\ shall 
 
 vnnslituec 
 
 nlrn'St at 
 
 iin out of 
 
 Its of the 
 r shall l)(! 
 hereby 
 io of Ute 
 
 for any 
 uly, shall 
 h ho will 
 
 l)y i)la. 
 n^nutifcs, 
 
 (luring 
 (' sorvico 
 
 posted 
 t'd plaoe 
 
 \o\ upon 
 f is to bo 
 iTUof M 
 
 1854. 
 
 Siignum'al Art of 1851. 
 
 Cnp. 3. 
 
 ir* 
 
 may br ncrossnry, without his bcinij subject in rof)'>nct thercol to 
 any obstruction or prosecution, and with the r\>j^\\\ d coininaiid 
 the assistance of all Jiistii es, INmuc Olliccrsand others, in order 
 to enter and iiialtc such examination, in case of opposition. 
 
 IX. The said C'oiniuissioners, and each of iheni separate- Towims ni du- 
 ly, shall have full power and authority to exainint! on oai'i any ^!""""'*- 
 perscHi who sliail ajipear liclorc them, or any ol them, either as a im; iniomm. 
 party inter«'sted or us a witiujss, and to sumincn belore ihein, or ''i"'' 
 
 any of them, all persons whom they or any of them may deem 
 it expedient to examine upon the matters subject to their con- 
 sideration, and the facts which they may re(|uir(! to ascertain in 
 order to carry this Act into elU'ct, and to r< (piire any such 
 person to brin;^' with him and proiluce before tlu-m or any ofihem 
 any Hook, Paper, Plan, Instrument, Document or thing men- 
 tioned ill such summons, and necessary for the purposes of this 
 Act : An<l if any person so summoned shall refuse or n<'gleet runislnni'iit «>( 
 to appear b«'fore them, «)r before the Commissioner who shall ii'T'*"!"* I'-m- 
 have summoned him, or appeariiii,', shall refuse to answer any Mf.rl.Vil'i'm"' 
 lawful (piestion put to him, '»r to produce any such Hook, Paper, <.r tn >{iv.< in'. 
 Plan, Instrument, Document or lliini,' whatsoever M'hicli may <""imii<)u. 
 be in his possession, aixl which he shall have been re(|uii-ed 
 by such smninons to bring with him or to produce, such person 
 shall for every such refusal or neglect incur a penally ol not less 
 than ten nor more than lil'ly pounds cnrreiicy, payable to Her 
 Majesty, to l«' recovered with costs upon summary plaint by such 
 ('oinniission«'r i)efore .-my .liidge of the Superior or (Mrciiit 
 Court, and in default of inmiediate payment shall, by warrant 
 of such Judge, be ap|>rehen(lc(l and committed to th(> Common 
 (■aolofthe District lorn period nut exceeding one calendar 
 month. 
 
 X. Whenever the Coimnissioiier charged with the making Vaiut? nmy liu 
 t»f the Schedule of a Seigniory shall be of opinion ihat the rules •Niinmir'i l>y 
 prescribed in this Act for determining any vwhw which he is f^,tl»\fri\'\,y, 
 hi^ri'by re(|nired to iletenuine, do not form an ctpiitable basis seniors or 
 for determining tlii' same, or when the Seignior, or not less t'fusfVi/iVcj.. 
 than twelve Crnsil/iirrs of the Seigniory, shall call upon the 
 
 said (commissioner in writing, within a period not exceeding 
 
 »'ight days after the day lixetl for the commencement of the How sudi 
 
 * /III 
 
 inquiry by the Conunissioner, requiring that er/trrts be ap- [,!7",p,i^„i\c,i. 
 |)ointed to determine the value of the Seigniorial rights therein, 
 the said Connuissij)n«'r shall call a public meeting of the 
 Censifuins <»f the Seigniiay, at such place therein, and on 
 such day and at such lioiir, as shall be specified in th<! public 
 notice thereof, whi«-li he shall give in the manner prescribed by 
 this Act with respect to the commenc»'ment of his incpiiry, for 
 the purpose of apjiointing two <//wr/\, one of whom shall be 
 appointed by the Seignior and the other shall be elected by the 
 majority of the rVw.viVa/Vf.v present at such meeting; and in 
 case the Seignior or his agent, shall not be present at the 
 •aid meeting, or being present, shall refuse or neglect to 
 
 appoint 
 
 'I 
 
 'I 
 ' \ 
 
 I 
 
IG 
 
 Cap. 3. 
 
 Sfigniortat Act of 1854. 
 
 18 Vict. 
 
 appoint an rxperf, llio said Ci)mniissionor shall appoint one on 
 b(>lialf ol thr Seignior, and muIi r,r/>n7 shall have the same 
 powers as ho would have had if he had been appointed by 
 the Seiiifiiior, and in the event of the Cnmilams refusing or 
 neglecting to appoint an expert on their behalf, the Commis- 
 sion«^r shall in like manner appoint an expert to a(!t for them. 
 
 L*. The two exprr/s so apj)oinf<'d shall have and <'xereise the 
 same powers with respect to the valuation of the Seigniorial 
 
 Powpr*? of 
 
 ixpcrts. same powers willi rcsp( ._, „. 
 
 Tli.v.-li;ill ihit rights as could be exercised by the Comniisi^ioner himself, ex- 
 
 Pt* 1K)I1I11I I)V' .-..!•-• 4 4 1-.J-.4' 4l«<^a* .~.l«<^ll «t.-v4 ••-« a-tttir JK11.-IB l-\j\ Ixz-^VIBt^l Ivar 4l>j-k «•«-> 1 .^^ r-. «^ ». . ...^ 
 
 till' loll'L'oilli 
 
 rules. 
 
 Tl.inI 
 
 (..(■/'i' 
 
 It. 
 
 cept that they shall not in any ease be bound by the rules afore- 
 said ; and the said two experts shall appoint a third expert^ 
 but in case the two rr/;^'>V.s' shall not agree upon the person 
 to be the third exprrt^ then any Judge of th<^ Superior 
 Courl in the Distrii't in wliich the Seigniory or the greater 
 part thereof lies, shall, on the appli(".ition of <Mther expert^ 
 after three clear days' notice to the other, appoint such third 
 Tlic v-lii" c'/J^^V ; and the sums fixed by any two of such eryi^r/s as the 
 fixed by ihpm yearly value of the Seigniorial rights respectively, shall be 
 10 be PMtju'l miicn by the Conniiissioner as the value thereof, and shall be 
 dulrl^ ' apportioned J)y him in the manner hereinbefore prescribed, 
 u|)on or among the lands subject to such rights ; and the Com- 
 missioner shall mention in the Schclule that the value was 
 determined by Expert isr. 
 
 s>J('(j/»/7 .'3. Provided that when the Seigiiior and the Censilairea shall 
 
 iniybL'tiiosiii. .^u,.,.,. ti) appoint and elect, or shall appoint and elect one and 
 the same expert., such sole exjiert shall have the same powers 
 as the three experts woiM have had, and his decision shall be 
 
 CoiiimiviioiM'r I'pf)! . .\p,) prcivided also, that the Commissioner may be ap- 
 
 ibiid t.r;)i//. |)Oiuted Cither third expert or sole expert. 
 
 •1. In the event of one of the said f.*7>f/V.v dying, b«'coming in- 
 capa(!itatcd, or refusing to act, th<' appointment or election ol 
 another in his stead shall be proceeded with in the manner 
 above prescribed, excepting that it shall not l)cn(M'essary to call 
 a pubii(! meeting of the r6'MS77^//yr.v for the appointment of an 
 i.c/yr/V in the stead of the person representing the Seignior; 
 but if the Seignior refuse, or neglect «luring eight (lays to 
 appoint another expert, alter having been required so to do by 
 the C'ommissioner, the Conmiissioner sliall aj)point an expert 
 on behalf of the said Seignior. 
 
 il villi'. <Vi'.. 
 Jiiijvidcd lol. 
 
 Audifilip ^ r^_ If the Commissioner be appointed third expert or Hok'^ 
 
 bi iliccJ;;.//. f</>f.»"/, tlicu if lie •>(' prevented from acting by any cause, the 
 
 Commissioner who shall be directed by the (iovernor to con- 
 
 tinn«' tin piocecKlings in the Seigniory, shall be third expert or 
 
 sole expirt in the place of tlu; former Commissioner. 
 
 Fees of 
 
 entitled to receive, out of the 
 
 G. The said experts shall b( 
 funds provided by this Act, such fees as the Commissioner shall 
 deem proper to tax, provided that they do not exceed the sum of 
 
 fifteen 
 
I-. 
 
 1854. 
 
 Seigniorial Act of 1854. 
 
 Cap. 3. 
 
 17 
 
 fifteen shillings for oncli clay of necessary attendance. And CommiFsioner 
 the said fees shall bo j)ai(l by the Receiver General upon the ( xcepted. 
 certificate of the Commissioner. 
 
 XI. The said Coniinisixioner, immediately after the making of Notice that 
 the Schedule of a Seigniory, shall give eight days' public notice ^'^l'«<'ule if 
 in the manner prescribed by the seventh Section of this Act, that 'smSlm. '"' 
 such Schedule will remain open lor the inspection of tl»e Sei- 
 gnior and the Censitaircs of the Seigniory during the thirty days 
 following the said notice ; and during that time the Commis- inspection, 
 sioner may correct any error and supply any omission which and correction 
 maybe pointed out to him by any party interested, or which ''*^"""* 
 shall come to his knowledge in any other manner, but he shall 
 not alter any vahu; determined by e.i;per/«Ae without the consent 
 of the majority of tJK- experts or of the sole expert ; 
 
 2. The proprietor or possessor of the Seigniory may appear who may ap- 
 either in person or by his agent, before the Commissioner, for pear to demand 
 the purpose of having any error corrected which may have crept '^*'"^<^''<"'S' 
 into the said Schedule ; and for the Tike purpose the Censitaircs 
 of the Seigniory may appear before the said Commissioner by 
 their agent to be appointed by a majority of the Censitaires oi 
 the Seigniory present at a meeting called f»)r that purpose by any 
 three or more of liie f^vMtVrtm'.v thereof, eight days' public notice 
 thereof having been previously given in the manner prescribed 
 in the sevenlii Section of tliis Act ; 
 
 3. But no Schedule shall be completed until the Judges of 
 the Special Court shall have given judgment upon the Questions 
 to be submitted to them as hereinafter mentioned ; and in the 
 event of any of the decisions pronounced by the said Special 
 Court, being reversed or altered upon appeal to the privy Coun- 
 cil, the Commissiom^rs forming the Court of Revision of Sche- 
 dules hereinafler mentioned shall alter and amend the Sche- 
 dules accordingly ; 
 
 XII. It shall be lawfid for the Governor, by letter under 
 the signature of the Provincial Secretary, to select from the 
 Commissioners so .to be appointed, four of their number, of 
 whom any three shall form a Court for the revision of Schedules 
 made under this Act, and in like manner from lime to time to 
 remove them ajid to appoint others in the place of any so 
 removed, dying, resigning otlice c; being incapacitated to act ; 
 
 Schrdidt? not 
 to t)(' com- 
 ))lcted until 
 Seifjnior's 
 Rights are 
 decided. 
 
 Four revising 
 Commis- 
 sioners to he 
 selected. 
 
 Three to sit. 
 
 2. The decision of any two of the Commissioners so selected, Two inay 
 whether the others be present or not, on any matter relating to "'"'''P' 
 the revision of any Schedide made under this Act, shall be final ; 
 
 3. In making such revision the Commissioners shall proceed They may 
 summarily, but they may order any evidence to be adduced require evi- 
 which they may think requisite to enable them to pronounce a ' 
 correct dpcision, and for that purposo shall hs^ve the same 
 
 ppwprs Rs in making o Schednje ; 
 
 3 ♦ 
 
 
18 
 
 Cap. 3. 
 
 Bcii^nioriaf. Ad of 1854. 
 
 18 Vict. 
 
 Kttt to revise 
 their own 
 Schedules. 
 
 When anil 
 how a revision 
 may he ob- 
 tained. 
 
 4. No Commissioner so selected shall sit in revision of any 
 Seliediile made by him ; 
 
 5. 
 
 How Sche. 
 dule* shall be 
 refericd to 
 them lor 
 revision. 
 
 Costs aguinst 
 party wan- 
 tonly requir- 
 ing a revibion. 
 
 Notice of com- 
 pletion and 
 depoMt of 
 Schedule with 
 the Receiver 
 Generul. 
 
 Triplicates 
 how disposed 
 of. 
 
 Copies and 
 extracts tp be 
 
 And no revision ol any Stlieduii! shall be allowed unless 
 applicalioii be made lor liie same williiii lifteen days I'rom Ihc 
 expiration of the lime allowed under ihe Eleventh Seelion of 
 this Act for the correction tliercof by the Commissioner by 
 whom it was made ; and every such application shall be made 
 by a Petition presented on bclialf of the party interested to 
 the Governor, specifyinj;,' llie oljieclions made 1o such Schedule 
 and the amendments demandt.-d, and praying for the revision 
 thereof; 
 
 6. Upon the receipt of any such Petition, the Provincial 
 
 Secretary shall refer the sanu; to tiie Commissioners forminc; 
 
 the Court ofKevision aforesaid, whose duty it shall be, after 
 
 havinc: giv(Mi eight days' notice in the manner provided by the 
 
 seventli Section of tliis Act, to |)r<)ceed to revise the Schedule 
 
 therein mentioned, and if they find any «'rror to correct the saine, 
 
 in so faras,but nofarthcrllian, il siiall have been so specially 
 
 objected to ; but they shall not alter any value determined by 
 
 ijpcrtlse witliout the consent of the majority of the experts or of 
 
 the sole uprrf ; 
 
 < 
 
 7. The said Court oi" !?(;visio!i may award and tax costs 
 against any party who may in thi'ir opinion have demanded 
 or opposed the revision of tlu; Schednle without reasonablo 
 cause, and such costs may be recovered -m the certificate of 
 any one of the said Commissitniers as a debt due b}' the party 
 against wdiom they shall have been awarded, to the parly in 
 whose favour they havt^ been taxed. 
 
 XIII. As soon i\r the Schedule of a Seigniory shall be 
 completed in the manner hcri'inbefure provided, the Com- 
 missioner who shall have made it shall transmit a triplicate 
 thereol to the Ueceiver General of tins Province ; he shall 
 deposit another triplicate in the ollice of the Superior Court in 
 the District in which the Seigniory is situale, or if such Sei- 
 gniory be situate in two Districts, then in the olhee of the said 
 Court in that District in which the; greater part of such Seigniory 
 is situate ; and shall njlain llie other triplicate in his hands 
 until it shall be otherwise provided by law ; and he shall give 
 public notice of his having s(> dep(»sited the same, in the terms 
 of the form A, annexed to this Act, or in other terms of like 
 import, in the English and French languages in the Canuda 
 Gazette^ or other newspaj)cr rccognixed as the Oilicial Gazette 
 of the Province, and in at least one newspapf.'r published in the 
 District in which such Seigniory or the; greater part thereof is 
 situate, or if there be nonewspapei published in such District, 
 such notice shall be so publislicd in the nearest District where- 
 in one or more newspapers are published. And the Clerk of 
 the Superior Court shall furnish coj)ies of or extracts fi-om such 
 
 Schedule 
 
1854. 
 
 Seigniorial Act of 1854. 
 
 Cap. 3. 
 
 19 
 
 Schedule duly certified in the usual form, to any person apply furnished. 
 
 ing for the same, and may demand three pence currency for 
 
 every hundred words or figures in any such copy or extract ; Fee therefor. 
 
 and he sliali :ih>o furnish one copy of every such Schedule on 
 
 demand to t' Seignior of the Seigniory to which it relale.-^, 
 
 and the cosit- n-of I'sliali be paid out of the funds provided by 
 
 this Act ; an [ .id such copies and extracts, whether in \vords Thoir legal 
 
 or figures, shall be deenierl authentic, and shall serve as prima '••fl'o*:^. 
 
 yiav'c proof of all ^matters therein set fori h. 
 
 ABOl.ITIO.V OF FEUDAL RlCiHTS ASD DCTIKS. 
 
 XIV. Upon, from and after the dale of the publiciation in the TTpon thfl 
 Canada Gazette, or oihcr Ollieial Gazette its aCou-said, of a i;"'''''"""",**^ 
 
 feudal imd Seigniorial duties suid cli;trges whatever, except xUv. fmnc-idcu. 
 
 Reidi' consiilNcc which vvill he substitiUird for all Keignioriiil 
 
 diUies and charges; and every Seignior shall thereafter '^'l'' il>cSei- 
 
 hold his domain and the unconeeded huids in his Seigni<.:'v, I'l.'^V"^-,,!',^'' 
 
 and all water powers and real estate now belonging ■(» eniii.;, is:c. to 
 
 hiui, \\\ fi'(nii-nti:ii rot/n'i(i\ by virtiu; ol' this Act, and i h (!'•'"-' ^' '""'"• 
 
 same anil the Ilcatrs cons' Ui'xvs payabh; to him luider this Act 
 
 by his Cct/sitains, or by iuiy Seignior of whose Fief or Seigniory 
 
 he is tlie Seignior Doinbniid^ shall be held and enjoyed by him 
 
 free and clear of all Qttiiit, Ritief ov other feudal dues or duties 
 
 to the Crown or to any Seignior Dominant of wliom his Fief or 
 
 Seigniory is now held ; subject always, bolh as regards Seignior 
 
 and C'cMsil(:in\U) the j)rovi^iuns of this Act : lior shall the Sei- N<)^<>it;iii"iiiU 
 
 gniorassueh alter the saitltime be subject to any onerous obi iga- [,'f,eii?;'iin'or' 
 
 tion towards his Cci/sitains^ or be entitled to any lutnorary rights, be esmblisheil. 
 
 nor shall any land be tlun-eal'ter granted by any Seignior to be 
 
 held \>y any other tenure than jVunc-alvu rotnrier^ or subject 
 
 to any mutation lines or other feudal dues ; Provided always, Pioviso : 
 
 that no Seignior shall euncede or alienaie any part of l lie uncon- ^e!2:niO! ^ not 
 
 ceded lands in his Seigniory, until ai'ler the notice of the depo il,,|';,.'.i'^t!ip 
 
 sit of the Schedule ll;ereof lias hi'cn given as aforcfaid, and any Sihi'dule is 
 
 such concession or alienation shall be ntill and void. comiileieJ. 
 
 XV'. 15at no right whlcli any Seignior may have acquired by 
 any legal stipulation entered inlo before the j)assing of this Act, 
 by any deeil sid)sequent to the deed of concession, to take 
 any land for the purpose of using the waier power adjoin- 
 ing the same and belonging \o such Seignior, on paying 
 for such land t lie full value tliereof and of all improvements 
 thereon, shall cistse by reast)n of the passing ol'this Act, but the 
 same shall remain in full force : I'ro^'ided always, that the owner 
 of any laud adjoining any water power bo acquired by the Sei- 
 gnior, and iiot llitn used by him, may;, at anytime after the e.^pi' 
 m'Joi) Qf'me year frcnu tlie'ptisajiig of this Act, dfwanti tl;e right 
 
 Certain 
 pdwers as \o 
 takin;; laiiil 
 liir mills, to 
 rt-maiii if made 
 q/'/tr the ilfeil 
 ol' concessiori. 
 
 Provi'o : 
 ownf j; of 
 land adjoimoff 
 a wator 
 
 
20 
 
 Cap. 3. 
 
 Seijj^m'on'al Act of 1854. 
 
 18 Vict. 
 
 demand it in 
 certain cases. 
 
 1o use siK'li water powtM- from \hr Seignior on paying him the 
 full vahie of sueh right, whieh vahie, ij" not agreed upon, »hall 
 be fixed by Arbitrators, one to l)e named by the; owner of such 
 hind, another by the StMgnior, and the tliird by the other two, 
 or if they disagree, then by a Ju<lge of I lie Superior Court or of 
 llie Circuit Coint, and the award of any Iwo of them shall be 
 eoiicUisive ; and upon payment or lendi-r to the Seignior of the 
 vahic awarded, Ihe owner of such Innd shfill have the right to 
 use such wal(.'r power in ihe manner menlioned in the demand 
 thereof arul in the saitl award. 
 
 I '1 
 
 ! * 
 
 Questions to 
 be submitted 
 l)y the Attoi'- 
 ney (ieneral 
 to nil the 
 .Indges for 
 determining; 
 Seitjnior's 
 rights. 
 
 To be filed. 
 
 They shall he 
 published. 
 
 They shall be 
 taken into con- 
 sideration, and 
 decidedassoon 
 a£ fiossible. 
 
 Seigniors may 
 file i!Ounter- 
 qtici-tions and 
 piopositipnsf 
 
 DKTERMINATION OF THK MUJ A r. HUiUT.* OF THK SEIGNIOR AND 
 
 rKNMTAIHK. 
 
 XVI. And in order to avoid as far as nuiy be possible, 
 unmuressary expense, unceilainly and dehiy in the valuation of 
 the several rights aforesaid, and in the completion of the Sehe- 
 tlules of llie Scigniori(>s res|)ectively, and all errors as to mat- 
 ters of law on the p;jrt of the Commissioners tmder this Act, Her 
 Alajesty's Attorney (Jeneral ior Lower (i;n:ida, shall, as soon 
 as may I)e |)racticable alter the passing of this Act, frame 
 sueh Questions l(» be submitted for the decision of the .ludges of 
 the Court of QiuvMrs Bench and of Ihe Superior Court for 
 Ijower Canada, as he shall deem lies! caleidated to decide the 
 points of hiw, which will, in his opinion, come under the con- 
 sideration of lh(.' said Commissioners, in <lelermining the 
 value of the rights of the Crown, of the Seignior, and of the 
 Ccnsftafrrs, and he shall file a copy of such Questions in the 
 Office of the said C'ourt of QuecnV Bench, and cause a copy 
 thereof to be transmitted by Post to each of the Judges of the 
 said Courts ; 
 
 2. The said Questions shall then be published at least once 
 a week, during six consecutive weeks, in the Canada GazeUCy 
 with a notice to all concerned that they have been filed as 
 afmesaid, and arft submitted for the decision of the said 
 Judges; 
 
 3. The said Judges shall take the said Questions into consi- 
 deration, and shall hear the Attorney (leneral, or Solicitor 
 General, and such Counsel as siuh Allorney General or Solici- 
 tor (General may deem it advisable to associate with them, at as 
 early a time as may be practicable after the expiration of thirty 
 days from the last publication of the said Questions in the Ca- 
 nada Gazelle ; and it shall be the diUy of the said Judges to give 
 the consideration of the said Questions and the hearing thereof 
 such pr<!cedence over other matters Ix-fore them, and to adopt 
 such other measures with regard to them, as will ensure a 
 decision tliereon at as early a period as may be conveniently 
 practicable ; . ' 
 
 4. Any Seignior may, at any time before the end of the said 
 period of thirty days after the last publication of the said Que.<!. 
 tipns, Of with leave of the said JudgeL^ at any time before the 
 
 hearing 
 
nOR AND 
 
 1854. 
 
 Seigniorial Act of 1854. 
 
 Cap, 3, 
 
 21 
 
 hearing thereon, cause an npi)earanf'o to ho fili-d for him in the 
 Office of the Court of Qm-on's liench, in thi' nuitler of lh(! said 
 Qup-'tions, and having caused such appearance to Ix; so fdcd, 
 shall Ijc entitled to be heard by his Coiuiscl upon such Questions, 
 and may submit any supplementary t>r counler-tpiestions and 
 may append to every such QuestTou, a Slatenieiit of llie Pro- 
 position or Propositions In; intends lo u);iint:iin with reji^ard 
 ■ thereto; but no more than five ('ounsd shall be heard on ^f,„„bel• oi 
 the part of all the Seii^niors so appeariiii^ «'xcepl by speciaM'<>uii9el limit- 
 permission of the C'onrt, and if more claim to be heard, the ''*'• 
 Judges shall decide betw<!en them which shall be heard ; 
 
 5. The Ceimtaircs of any Seiii;uiory acting by their Agent U>1)e And go may 
 elected in the manner provided by ihcelcvenlh Section of this Act, rtHnUmru. 
 may also in like manner and within a like delay eause un ap- 
 pearance U) be liled for them in the Office of the said ( -ourt, and 
 
 having so done shall be entitled to be heard by tlieir Counsi'l 
 
 upon the qut^slions lih'd by the Att(jrn«'y Oeneral as well as upon 
 
 any questions or propositions lilcd by any Seignior, and uiay 
 
 submit supplementary or ('ounter-questioas or propositions to 
 
 those of the Crown o\ ot any Seignior ; but no more than iive Nunibi-rof 
 
 Counsel shall be heard on the part of all the rVn.svVr/r/r.v, unless (.j'"""' ""' ' 
 
 by the special permission of the Court, and if more claim to 
 
 be heard, the Court shall decitle between them which shall 
 
 be heard ; 
 
 6. No publication or service of any sucli supplementary or cpj^g of 
 eounter-questions or propositions shall be necessary, bin the lounteiqueg- 
 same shall be printed, and, when they are filed, at least fifty •'""» ^i^- ^'> 
 copies thereof shall be delivered to the ( lerk of Appeals, i^, an pa,,;es. 
 who shall give copies to the Attorney (icneral and to the 
 Advocates appearing f«>r Seigniors or (-ensitaiirs ; 
 
 7. From the expiratiim t)fthe said thirty days after the last How the ques- 
 publication of the said Qiu'stions, the matter shall be dealt with jioin sliull be 
 by the said Judges, as if an appeal were |)ending and insiribed '^""*' ^'•'" 
 and ready for hearing, in which the said (Questions had arisen 
 
 for decision, Init no case, or pleadings, or oilier proeeeding llian 
 such as are herein jircscribetl shall be retpiircd previously to 
 such hearing ; no technical objection of [u-ocedure shall Ix^ en- 
 tertained, and if any (piestion arise as lolhe proceedings in any 
 matter not provided for by this Act, the Judges sitting shall 
 instanter make such order therein as shall seem most equitable 
 and convenient ; 
 
 8. The decision and opinions of tlu^ said Judges shall beKormot 
 motiv^es and delivered as in a judgment on a case in appeal in 'It'cisious. 
 which all the Questions had aris(Mi and were; put in issue, but 
 without any further sentence in favor of llie Cri»wn the Seig- 
 niors or the Censitaires^ whether as to costs or otherwise ; 
 
 9. The decision so to be pronounced on each of the said F-rftctoiaeci* 
 Questions and Propositions shall guide the Commissioners and ^•'o"'** 
 
 the 
 
22 
 
 Cap. 3. 
 
 Beigniorial Act of 1854. 
 
 18 Vict. 
 
 I t' 
 
 
 ^1 
 
 Proviso. 
 
 Proviso : in 
 what case an 
 appeal shall 
 liu. 
 
 the Attorney General, and shall in any actual case thereafter 
 to arise, be held to havij been a judgment in a])))eal en dernier 
 ressorf on the point raised by such Question, in a lilv(; case, 
 thougli between otlier parties; I'rovided always, tiiat it shall 
 be competent to the said Jud,::?eH to render separate deeisions 
 upon any particular question or ((uestions ; And provided also, 
 that if, as to any such decision, llieie be any dissentient 
 Judge, either party may, within one nionlh, hy siiinniary 
 petition duly notified to tiie others, appeal from sueh decision to 
 IJer Majesly in Her Privy Council ; but otherwise, there shall 
 bo no appeal from any such decision ; 
 
 Special Session 10. The Governor may at any lime and from time to time, by 
 to he )i'.' Ill for Proclamation, direet a Special Session t)f the said .ludges to 
 the pinposes ^ jj^^i^i ,^ ji,y Qj^y of Q„i.bec or at thr City of Moiiireal, and 
 of this Act. ^ /i I 4 I I /• .1' « -1 
 
 to commence on the day to he named ior tiiat purpose jn such 
 
 Proclamation, which shall he. issued at l(Mist twenty <;lear days 
 before the commencemenl of such Special Session ; and to any 
 such Special Session all the provisions of tJie Act constituting 
 the said Court of Queen's Bench, and of ll'.c law with rc'^ard 
 to the ordinary terms of the said ('ourt [Ajipral y/'tic) sliall 
 
 Qiioiirn. i'j'P'y 5 <*^f('P' ''''*^ '^^ every such S])('cial Session, nine of die 
 
 said .!ud<>t's shall he a Quorum : and llie Quesiions fo he pro- 
 jjosed under tliis Act, and no oilier bujiiie^s, shall lie taken up 
 
 Diiraiioii. at such Session ; and sncii Speciiil Sessii;n shall continui; 
 until no furllier mailer or proecfHlinir relaling I0 this Act shall 
 be bel'ure the said Judges, who siniil at such Sijssioii form a 
 
 Proviso. special Court for the purjKx<es eflhis Act; Provided always, 
 
 lliat if for the purpose of holding any t(Mivi, either of tlu; 
 Court of Queen's Beneli or Superior Court, it become neces- 
 sary to su.spend' tl'.e sittings of sueh S|)ecial Session, the 
 Judges shall adjourn such Speeial Ses?.ion to the first convenient 
 
 Adjniunrnrnt djiy after the close of such term; and tiie said Special Court 
 
 for riMcioiiii;,' J,J^y after hearing all parties on the various matters submitted 
 to tiicu), adjourn for the purpose of rendc) ing judgment only, to 
 any day 1 hereafter, on and alter which day they may adjourn 
 for the like jiurpose ; and such adjournments for rendering 
 judgment may be to ;uiy day during or between any terms of iIk; 
 
 Pripvifo : said Court of Queen's ijench or Superior Court ; And pvovided 
 
 i.'ri::sof oilier ajso, that it shall be lawful for tj;e Governor, f.y any proelama' 
 
 Court inav he .■ i- .• in • 1 c ■ . ; . 
 
 gii^periacd X:c tion directing such Special Session, to suspend or postpone anj 
 or A.r'istunt ' Term or Terms of either of the Fiaid Courts, or to alter the duratior 
 thereof; and also to name any Circuit Judge or Judges, or Bar- 
 rister or Barristers of at least ten years' standing at the Bar of 
 JiOwer Canada, to be and act as Assistant Judges of the said 
 Courts, or of either of them, during the pendency of any such 
 Special Sessiun, and of all adjournments thercol, and for such 
 term of time l)efore or after as he may deem necessary ; and 
 every person so named shall, for the term of sueh aj)poi'ntment, 
 have all the powers of a Judge of the Court whereof he shall 
 Who shall '>^v^ ^^^^^ named an Assistant Judge, except the powers given 
 preside at such by this Act. The presiding Judge at every such special session 
 
 .shall 
 
 on 
 
 .liu.jjes ap- 
 poinii'i. 
 
1854. 
 
 Seigniorial Act of 1854. 
 
 Cap. S. 
 
 23 
 
 shall bo the Chief Junline of the Court of Queen's Bench if Special Sea- 
 present : if ubseiil, the Chiif .Inslice t)f the Superior Court, ami *'""• 
 in the absenec; of holh ('liicfjuslitres, lh<' Senior of the Puisuu 
 Judg«'8 of the Court of Queen'n ileneh then present. 
 
 Kxpenies 
 tinifer thia Act 
 how paid. 
 
 Fund for other 
 purposes of 
 this Act 
 
 ftfoney may 
 l)p raised by 
 Dubentures. 
 
 Proviso : 
 total amount 
 limited. 
 
 PROVINCIAL AIM'ROI'RIATIO.V KOR RICI.IKF 0|." CENHITAIRES AND 
 KXPKNSKS OV TIIIM ACT. 
 
 XVII. The eniolunieiils and disbursements of the Commis- 
 sioners who shall be appointed under this Act, with the ex- 
 penses to be ineurred under the same, shall be paid out of 
 the Consolidated Revenue Fund of this Province, by Warrant 
 of the Governor : and Ji sum not exeeeding in Ihe whole what 
 shall remain of the amount hereinafter limited after deducting 
 therefrom the said emolutnenls, disbursements and expenses 
 may likewise be paid out of the said Fund for the purposes of 
 this Act : and it shall he lawful for the Governor in Council to 
 cause any sum or sums not exeeedin;^- in the -whole the sum 
 required for defraying the expenditure authorized by this Act, 
 to be raised by Debentiu'es to b(! issued on the credit of the 
 said Consolidated Revenue Fund, in sueh form, bearing such 
 rate of interest, and the principal and interest whereof sliall be 
 payable out of the said Fund at sueh times and j)laees as 
 the Governor in Cinuicil shall tiiink most advantageous for the 
 public interest : and the moneys so raised as aforesaid shall 
 make part of the said Consolidated Revenue Fund of this 
 Province : Provided always, that liie total atnount of moneys 
 to be paid, whether in money or debentures, under this Act, 
 shall not exceed by more than one hundred and fifty thousand 
 pounds, the sum of which the average yearly proceeds of th(^ 
 other sources of llevemte hereinafter mentioned (tipon an 
 average of the last i\\o ye;irs) wotdd be the yearly interest at 
 six per cent per anniuu added to the value of the Crown's rights 
 in the Seigniories allected by this Act. 
 
 XVni. The moneys arising from the following sources of gpeejai appro. 
 Revenue, shall be and are hereby speeially appropriated to priaied money 
 make trood to the said Consolidated R(>vemie Fund, the amount ''*">"'*"''»"» 
 which may be taken <nit ol the sami' lor tlie purj)ose of paying 
 the sums charged upon it niKli-r the next j)reeeding seetion, 
 that is to say : 
 
 All moneys arising from the value of tlie rights of the Crown, Trnwu riglits 
 from droits de Quint and other dues, in or upon the Seigniories •« Seigniories. 
 of which the Crown is Seignior Dnminant^ and which are to be 
 commuted by this Act as such value shall be fixed by the 
 Schedules of the sa"' i Seigniories respectively, and all arrears 
 of such dues ; 
 
 All moneys arising from the Revenues of the Seigniory of La"«oi». 
 Lauzon, or from the sale of any part of the said Seigniory 
 which may hereafter be sold, and all arrears of such Reve- 
 nues ; 
 
 All 
 
24 
 
 Cap. S. 
 
 SHgniorial Act of 1864. 
 
 S8 Vict. 
 
 ■ i 
 
 .1 
 
 ! J 
 
 Auction duties. All moneys arising from Auction Duties and Auctioneers' 
 Licenses in Lower Canada ; 
 
 Shop licenses. All nionnys arising in Lower Ciuiada IVom lii'enses to sell 
 
 spirituous, vinous or fcrmuntod liquors by retail in places other 
 than places of Public Entertainment, commonly called Shop 
 or Store Licenses ; 
 
 Tavern licen- All moneys which shall arise from Tavern Fiicenses iu 
 
 ses in certain Lower Canada, after the pn'seiil charges on that Fund shall 
 fHses. iijjy^, j,j,j.„ p.jjjj ^,f|-^ except li(»\vever such portion of that Fund 
 
 as shall be levied in the Townships. 
 
 S^'parate ac- 
 counts to he 
 kept Willi a 
 view to iin 
 appropriatiiin 
 lor Upper 
 CuMuJd pnr- 
 poses. 
 
 Hi«v the mo- 
 nry liprcliy 
 ni>pro|iriiilei! 
 
 iillilll t>L> up- 
 
 plietl ill aid 
 of llie ccnui- 
 taues. 
 
 Valiu' of 
 Crown ritrlits 
 in earh Sfi- 
 isriiiory to be 
 given' ilii- 
 ctnsitiiircft 
 therein, in 
 reduction of 
 conimntation 
 lor luils el 
 vtiiles. 
 
 And separate accounts shall l)e kept ol all moneys arising 
 from the sources of Revenue aforesaid, and of the moneys <lis- 
 bursed undt'r this Act, allowinij interi'si on both sitli's jit the 
 then current rate on Provineitd Debeiilnres, to the end that if 
 the sums jiayable t)iit of the Consolidated Ilevenue Fund 
 untler this Act, shall exceed in tlie whole the total amotmt t»f 
 the sums arisini^ from tlu^ st)nrees of Keveiiiie so spe<'ially ap- 
 ))ropriated and any interest allowed thereon as aforesiiid, a sum 
 equal to such ex<'ess may iuid tlie same shit II l)e set apart, to 
 be apprt)priated by Parliament for some local purpose or pur- 
 poses in Upper Canatla. 
 
 XIX. The Spe(rial Fund constituted as siforesaid for the pur- 
 poses of this Act, shall, after de(lnctini» the expenses incurred 
 under this Act, be appropriated in aid of the C'tnsi/uiirs in 
 the several Seigniories, in the following inaimer : 
 
 2. The sum to l)e established as the value of tlie rights of the 
 Crown in each Seigniory as aforesaid, and the <lillerence 
 between the absolute value in J'i'ant-ati.u rotfo'icr oi' till imcon- 
 ceded lands, waters and water powers in the Seigniori«'s and 
 the value of the Seigiuors' rights tln'rein,' shall l)e appropriated 
 in aid of the Censitairrs of such Seigniory in reduction of 
 \ho rrntes cojistiluCts representing the /rW.s el vetttrs or other 
 mutation fines therein, by an cipial per centage of reduction 
 on each such rente ; 
 
 Rrniuiiuler 3. The remainder of the saiti S|)ecial Fimd shall be ap- 
 
 aiiinii^' iiil tiio portioned by the lieceiver General (amt)n^st the several Sei- 
 propoitioii to gniories to which this Act extends,) giving U) cich an eipial per 
 the charges on eentage on the total amount of the cons'i'.nted r(*nls established 
 each. |jy jIjjj Schedule of each such Seigniory, after dcdm.'ting tiie 
 
 How tlie aiil value of the Crown's rights therein ; And the sum as appor- 
 shallheap- tioncd to each Seigniory shall bc applied by the Ileceiver Ce- 
 '' ' ■ neral in the following order, which shall be the order of charges 
 
 thereon : 
 
 Torcdempt'on 
 of commuta- 
 
 Ist. To the redemption of so much of the said rentes consti- 
 tutes representing the toils et rentes or other nmtution fines 
 
 in 
 
 ■;ili 
 
1854. 
 
 Seigniorial Act of 1854. 
 
 Cap. 8. 
 
 in the Seicnlory as may remain after the reduction made tion money of 
 by the application of the value of the Crown's rights as lodt tt ventti j 
 aforesaid, l)y an equal per centage of roductii.ii on such te- 
 r^ i'uxing retftes in each case ; 
 
 2dly. To the redemption of the rentes constitiiiea representing o«' banality ; 
 the Banality in the Seigniory, by an equal per centage of reduc- 
 tion on each such rente ; 
 
 3dly. To the redemption of the reMea constitn^r.s representing oictmtt 
 the cem et rentes anil other (iharges on lands held for Agrieul- rentvs uxceed* 
 tural purposes in tlu; Seigniory, by an equal per centage of '"« '''l'^"^ 
 reduction on each such rente ronstilnef^ exceeding the rate of "'**^" ' 
 one |>enny half penny per annum, per arpent ; 
 
 4. The reduction of such rentes constitutes shall always be Reduction of 
 in proportion to the capital sum applied to etl'ect such reduction, '♦■"'' •» »"/ 
 the reduction b'.'ing equal to the legal interest of such capital ; *"'**'' 
 
 5. The sums so apportioned for each Seigniory shall belong Sum appor- 
 to the Seignior thereof, subject always to the right of the }'""«"' '"''•'" 
 Seignior Domitnint^ and shall be dealt with in every respect, ^wniorsr 
 as moneys paid in redemption of the rentes eonstUu6es mentioned 
 
 in the Schedule of such Seigniory, subject to the special provi- 
 sions hereinafter made. 
 
 APPLICATION iiV MONEYS ARISINU KKOM TUB UCDEMPTION OF 
 SKUiMOHIAL. lilOIITS, &H:. 
 
 XX. Kvery proprietor of a Seigniory who shall have within Oppositions to 
 \\\s moniiiuni: another or several liefs, (inless the value of his ''♦^ '''«^ ''y . 
 rights has been r'utered in the Schedule thereof), and every per- cfaimsVir'"" 
 son having iui llypoth-cary claim ow smy Seigniory the Schedule Seigniories. 
 relativi' to which shall be dep«)siled in ihcoHicc of the (Merkof 
 
 the Superit)r Court in the l)isiri<*t in which such Seigniory or part 
 th(?r(?oi is situate, must, for the preservation of his privileges, 
 within six months frt)m the dale of the notice in the Canada 
 C/azette of the deposit of the Schedule of such Seigniory, Hie 
 an opposition to the distribution of idl moneys arising or which 
 may arise from the redemption of the Seigniorial rights in such 
 Seigniory; ev«'ry such o|)position shall be tiled in the said ^^flV'ct and 
 office and have ctltH't for thirty years, unless sooner withdrawn, 
 or by Judgment of the Court dismissed; and if any such op- 
 position be renewed within a less time than thirty years, the 
 opposant shall only be entitled lo the costs of one single op- 
 position ; and while stuh opposition shall so n-main in force, 
 any Censiiaire who shall pay the capital or redemption money, 
 of the rente, constituee to the Seignior, shall do so at his peril, 
 and on pain of being liable to any such opposant for any loss 
 he may thereby sustain. 
 
 XXI. All minors, interdicted persons and married women, What parties 
 even in the case of dower not yet open {nan encore ouvert,) anci "'"«' '»'« "P- 
 
 all 
 
 *<uratioii of 
 opposition. 
 
20 
 
 Cap. 3. 
 
 Sfifc»ii>r/fit Act of 1864. 
 
 18 Vict. 
 
 poHilinns ta 
 priMTVr 
 llu'ir privi- 
 
 In ilol.iiilt of 
 
 ()|1|ll)silil)l) 
 
 .'"(.'itjiiioi Kiiij 
 
 Hlj;mt ol tlii- 
 fuiiil, iVc. 
 
 jiIIwIh) ImvtMMilnik'dorcontiniirrnt rijj;litH, hy lli(Mnftclv«»st)r their 
 tutors, curatois, liiishaiuls (tr others, who may net lor thcirt, 
 shall !)(• also nuiiiirctl, for tin- prcsci-v.'ilion of their privileges, 
 to Hie tli(>ir opposiiioii to the (iistrihiitioii of all sneli iiiotioyH 
 ill the niimiier provided in the next preeediiii,' se(;tion : hut 
 tutors, curators, jinshands or others who shall have negh-eted 
 to Hie such oppositions shall, nevertheless, continue to be res- 
 ))onsil)le toward:-* the persons under their charge or authority for 
 any loss which may result Ironi ilieir neglii;ence ia the suid 
 belialf. 
 
 (iiiltof XXIF. If, after the e\|)ira1ion of six months, from the date 
 of the lirst publication in llic; Cdiimla (luzdlc oi' the N'otico by 
 llie lleceiver (Jj'ueral of llie i)<'posil of the Scthedule of the 
 Sei^'niory in \vhicli such hind issiluate, the possessor of such 
 Seigniory produce to the lleceiver (iciieral a certilieate, granted 
 by the Clerk of the Supi'rior Court for tins District in wliieli 
 the Schedule relativ(> to such Sei'^niory, or a triplicate thereof, 
 is deposited, slating that there is no opposition to the payment 
 1)1' the redeinplion moneys in such Seigniory, the said lleceiver 
 (Jenoral sliiill |)ay to the s.iid Seignior, on his giving a duplic^ali* 
 receipt therefor, th(^ amount of any moneys coming to such 
 Seignior out of the Special Fund hereinbefore mentioned, 
 witii interest thereon, .at si\ ])er cent per annum, to bo 
 computed from the dale (tf the said notice, and thereafter the 
 Ana till- rn[ii. Seignior shall have I'nII riglit to receive the pvice of the rait^'H 
 m./lU'/V/i- <'''>">^'/"<''f*'i'i his Seigniory directly I'rom the Cet/si/uircSy and 
 lucjs. to deal with such rc/ilcs a« he siiall ;-ee lit. 
 
 Hmv money XXIIl. Whenever the lleceiver General shall hav« n«- 
 !',' '^*^'^^^'',^'='" certained the amount of money coming to any Seignior out of 
 l.iiiRls shall be ihc Special i-und hereby appropriated m aidol the CcrmtaireSy 
 dealt with in and there shall be an opposition filed as aforesaid to tl.o dis- 
 ii.'m (l^l'i u'" ' ^•"il'H^'^'n of such money, the lleceiver General shall deposit a 
 eerliticate of the said amount in the hands of the (Jlerk of tin* 
 Superior Court in the Dislric^t wherein the Schedule relative to 
 the ?aid .Seigniory, shall have l)een deposited ; anil the said 
 ('ourt shall mak«* the distribution of the said moneys among the 
 opposants, according to the order of their hypothecs, ami the pre- 
 ference of their respective privileges ; and the Receiver (ieneral 
 shall pay the same to the Cl!»rk of the Court to be distributed 
 according to such order, but the interest on any sum coming to 
 a Seignior, and in the Receiver General's hands, shall always 
 be pnyalile to such Seignior. 
 
 roipoi.itions, XXIW All i)er>3ons holding in mortmain, corjioralions, tutors, 
 piiiMov.Vi'ri to fW^'*"'^ ""'1 adniinistratois possessing lands held vn roluir, or 
 y.Hy oii ilif.u- jjersons holding entailed lanils the icnles cuiisfitHevs upon which 
 '.'"t'/')^''"" '"^^V 1^'' rc'deemed with advantage to tliosi' whom they represent, 
 under ililsAct. '^^"^Y t-ff*'*-'^ ^l'*-' redemption of any n'/j/r to/Kv///j/ec uiider the provi- 
 sions of this Act by p.aying the price of redemption out of the 
 ™^'*°' moneys of those ^vhom they represent : Provided that tutors, 
 
 curators 
 
1854. 
 
 Sn'ffnwrial Art of 1fij4. 
 
 fftp. 3. 
 
 27 
 
 curators nml usufrni'linry j)r<)|)iici()rM {ffsttfrNilii'rs) and lioldcis 
 of JMilfiilcd landH, obst-rvi' llic ioriiudilirs i-c(|iiiic(! v law in llui 
 idir'nulioii of llu> property ol'llic persons whose i, ■;lits sIimII lie 
 n'pre.'-KMitcd hy llieiii ; hut pcr.-oiis liol(iiii:< in niortiiiiiin raid 
 (!orj)()nirK)iisMii:ill not he re(|iiired Id «>hserv(; imy oilier lonuiilily 
 in or be lore llie redeinplioii ot any such laUi: consiilinjr\\\\\\\ those 
 prt'scrihed hy this Act. 
 
 XXV'. And it sliiill he lawfiil for the several rejij^fjous or Upu,^ .,q 
 rcrjosiastieal coinniimities, lioidinu; in niorluiain riefs or fonm luiiirs 
 Suij^niories in Lower Canada, to invest Irom time to liin<>, as Ij'/';"';; •,, 
 tlipy shall see lit, in any lands or tenenienis in this Province, „,.,'v im.U 
 or in any pnhlic or private si'cnrilies in iliis I'roviucc. which <'"i'iiiiiii;'''i'" 
 they shall deem tluMiiost ndvisahle or ailvanlage<)us tc) ihidr '"','.|',',',"' '"' "' 
 respeciive <'oinninnities, any siniis oi 'money thai, rnay aocriie 
 to them iVrtni the ri'demption oi' any rniti- roi/slifiiijn erealeil 
 under ihis Ad, or out ot'llio Special I'laid apjuoprialed hy lliiv 
 Act. 
 
 DEsTixATioN AVD i.tu; A I, ciiAHAcrrn or ruoi'r.inii;!* and 
 iiiouTs HKHKArrua TO i{i;i»HKsi;Nr sKn;\ionit:s. 
 
 XXV'f. In respect of all riirhts aef|iilred in, to or upon, any As rf"^i ciM 
 ?ii.Miiory hel'ore the pnl)lieali(Mi in the 6V///c;^/c' (.'r,':f7/r of the Haiiu'. ,'>i,,i. 
 )tiee ot'lhe Heepiv(-r (Jeneral ol the (lenosit of the ScIkmIuK; of '"-'.' "''''V'"' 
 
 ,, . . . ■ . , ■ , ,. . . , .. notice o( (I, '1.0- 
 
 Sei 
 noti 
 
 any Seii^niory in his hand:-!, niid lor the pit'sej'vation uhereof I.'i'i ',V'h,. .-dn.. 
 an opposition shall have hei-n filed wiiliin six monlhs from the "in'c iimi tin 
 date of the said piihlieation, all lands and r(>al ri;d''« which at ^ioll,;^'!],^!']'^;.'" 
 and immediately heforc the passin<,' of this Act were held tiiici, tin- 
 by th«! Sei£.';nior a» part of his Seiiifniory, all rijjhts secured ''''•'''"•' 'j'^"''''' 
 to liim UJider the Schedide thereof, all vvv/^'.v; uiuhn- this Act ,;',',. [J' ^,'-','., ,,* 
 to bo created, all moneys to arise from the redcmjjtlon of il^c Sii;;iiioiy. 
 any such r/v/^v, or to he receivc^d by the Sci^'nior out of tlu; 
 aid fi[ranted by this Act lo the zriisitaiirs towards the re- 
 demption of Seic^nicn'iid ri.'j;hts, duties and dues, and all pro- 
 perties and rights so hy such Seitniior ae(|uircd as to represent 
 such moneys, shall be held and taken as ihnugh altached lo the 
 domaine. of such Selji^niory, and as repcescniiiiu; such Seiti;niory ; 
 but in respect of all rights llunvafler \o accvjie, or for the pre- As regard 
 .nervation when'of no opposition shall have been liied within 
 
 rights 
 
 the dela\ aforesaid, e.ll such 1; 
 
 rii/iit^ 
 
 I'l lifts a 
 
 nd n 
 
 oney 
 
 l'S ..1. 
 
 thf ! ;ii(l nniti 
 
 bo (ii 
 
 shall he h(dd and taken to h.e, and shall b" to ail intents se- tiirt (uopci- 
 parate and indejXMident |)r()p(Mties and ii;.;his ; r.nd it shall not 
 be reiptisile th;!l any person, in oic'.cr lo the holding':, vccmc'ry 
 
 acs. 
 
 or enforcement of any 
 
 or us 
 
 everhavimr been, a Sel .:nior, 
 
 tliereof, should (iualiiy himsclt as b 
 
 leint. 
 
 o> 
 
 XXVII. All rentes ct^n.-liliirrr. to be cr(>ated under this Act, riivilefi's fi.r 
 phall liave the same ])vivil(!ii;(\'; r,*:rr/('/x.7 as tlie right of tlie bail- s<''iiriii^' t.iich 
 ic./ir da funds, and the like preference over all oth(>r hypothecary ^'■'^''^'" 
 claims alleetingthc^ land, as any Seigniorial dues upon or arising 
 out of such land would liavc had previous lo the redemption of 
 
 the 
 
28 
 
 Cap. 3. 
 
 BfignioYial Act of 1fl34. 
 
 18 VfCT. 
 
 the 8ai(i i\w\ wilhittit niiy i-ci^istr.itioii in any He^'iHtry uifxca 
 No nior.' tliun tothiif «'iul ; luit th»' ('rrdiloi ^<lmll not liiivi' I|m> lij^lit to rwrovrr 
 ilvr yt'ait' ai. itiorc lliiin fivc yi'iirn' arn'iirs «>l any xiicli rent ; and in drlault 
 of nioVfablcM Old orwtiicli tlicanioiinl olany jiulufincnt I'lr »U(!li 
 arrears, ilionijli aiiitaintin^' lo Icmm llian Ten Pounds cnrrcncy, 
 may I)*' levied, execution may issue against sueli land alter a 
 delay ol' ont> year liuin the date ut sueli Juil{L(ment, atid not 
 Motuier. 
 
 ff'iirs 111 lit' 
 ri'iovt'iiibli'. 
 
 ^^f 
 
 :* 
 
 III uhat raifs 
 
 ■my Niii'li 
 
 II nil' ^'i.ill III' 
 
 ll'llt'Cllliltllt. 
 
 X.W'III. Hvery /•<•>//»• row.^7////f^«•estal»li^ll»'d hv virtue ol'llus A' *, 
 shall always he redt'emable hy eunseut of tin- owner of 1 1. '• land 
 andoltlu* Seis^niior, ineuM's where the Sei^'iiitu' han llie ri^ht \k\\\w. 
 capital thereof for his tiwn use, and not otherwist; ; hut if tlit' 
 ,St'iu;ni«ay be entailed (suhsfiturr) or held hy a tutor, curator or 
 usufrnetiiary proprietor {vsttlruificr), and an opposition he tiled 
 and thi'ii in force, the retth' and arrears only shall he received, 
 suhject alway^^ to the e\eeption in the in.'xt follow in;^ sj'ction, 
 which shidi apply to all c-a.-es of redemption of such rentes. 
 
 XXIX. Provided always, that it shall not he lawful to 
 
 redeem any stuli triifr vonslitiirr e\c»'pt hy tlu' consent of the 
 
 Scii^ninr having' the ri^lit to the capital thereof for his own imc, 
 
 piiiiioniiioiKf ;it any other lime in any year than the day on which 
 
 f uch rcntv is payahle ; Kui proviih.'d also, that ui any 
 
 lime, ami whether the Seiynior have or have not the 
 
 lliiw till' riuht to the capital of the /•rw/r,v<o//,s7«7/^eV.v miih'r this Act, for his 
 
 i»'<liMi|iti(in ^ •. 1 II 1 I 111- .1 /» 'J • L.' • • 
 
 iiioiiiv -IimII **^^''1 "^*-'i '' «hall he lawlul lor the ( rHsitaiirs in any Seii^niory to 
 
 bt(k,il! Willi, redeem hv one uavment all the r<aid i rii/ts antstilnets then re- 
 
 mainiiit? in the Seijfiiiory, and in such case the ri'demption 
 
 money shall he paid to the Seit^nior, if there he then no opposition 
 
 * tiled as aforesaid and in lorce ; and if there he such opp»>sition, 
 
 then it shall he paid lo the Kecciver (Jeneral, and shall he 
 
 dealt with in all rt'spcets us money coming' to the Seignior out 
 
 of the Special Kimd appropriated in aid of the lU'usituirfS 
 
 Siii-li rciiti'$ 
 sIkiII Iii> h" 
 (li.'1'niulili' III 
 «'V('rv iMM' il 
 
 lor till' \v 
 ^cij;nioiy, 
 
 Iml. 
 
 y '"•'>' and the paying of such redemption money shall always he one 
 ol' the purposes for which money may he raised on the credit 
 
 1i1< 
 
 alway 
 
 liiiM'd lor this . . . ^. _ 
 
 )iui|ioMMiii iiic of the Consolidated Municipal l^oan Kmiil lor Lower Canada, 
 • itdit ol 111.' under any law in forci; for laising monev on the credit of such 
 iui„l_ rmid: and the redemptioTi money under this Section shall 
 
 always he the capital sum ol which the nufcs redeemed shall 
 he e(|iial to the legal interest, unless another rate he agreed 
 upon hy the i'msituiriH and a Seignior having the right to 
 such redemption money, lor his own use. 
 
 MlS(;KI.LA.\KOlfS PROVISIONS. 
 
 H 
 
 Dfcri'l not to 
 pu rue !Sci- 
 ^{iiiorial riuhtii 
 or luiy mitc 
 cunsiituie 
 represeiilin^ 
 lliem. 
 
 XXX. No sale under Writ of Kxeciition {inir tUctrt) shall 
 have the cHect of liherating any immoveable property then 
 t r theretofore held d litre de ecus, and so sold, from any of 
 lie rights, '-harges, conditions or reservations established in 
 res i' t ol'"' '' immoveable property in favor of the Seignior, 
 du'j befcf.. :ne completion of the Schedule of the Seigniory in 
 
 which 
 
Vict. 
 
 olfico 
 !»'()vrr 
 
 (I'iiult 
 
 r >u('li 
 rrmy, 
 il'lrr a 
 1(1 not 
 
 is A' *. 
 I' liin<i 
 
 it' till' 
 iilor or 
 )(• tiled 
 I't'iveil, 
 ifction, 
 
 villi to 
 of tin* 
 
 ,VI1 UM\ 
 
 which 
 ii any 
 Htt lli«* 
 lor his 
 iiittry to 
 llit'ii re- 
 liction 
 )osition 
 )silion, 
 lall be 
 ior out 
 iluircs ; 
 hr one 
 p t-reilit 
 miula, 
 of such 
 on shall 
 d shall 
 agreed 
 righl to 
 
 7) sliall 
 ly then 
 any of 
 shed in 
 ieignior, 
 niory in 
 which 
 
 1A54. 
 
 S>rigniorinl Art of 1854. 
 
 Cap. 3. 
 
 29 
 
 whieli sneli properly lies, or from any rmir ronstihii'f pnynhle 
 there«Mi under smli Selicdiile, Ixit every siieli iiiiiiioveahle 
 properly slmll he considered as having; bei-n sold siiliject lliere- 
 afler to all such rights, cli \vu:es, eotidilioiis »)r re?<ervali(iiis, 
 without its lieiil^ neeessaiy lor tlit; Seignior lo make ail oppo- 
 ■"ilion for die saiil purpose hcl'ore (lie sale. 
 
 XXXI. If nolwidlslaildini^ llie pni\i~;ioiis of llijs .\fl,!iny <»p- <)|>|>nsiii<.ri for 
 posilion r///w//f* r//ff/yr he n ide lieKMiicr for the preservulion '•'"'i "i-li'"" "i' 
 of any t>f the rijuflils, eliarj^ies, eniidiiioiis or rest rvations men- J^'||j|] '" '"' 
 tioned in the next preeediiiy; section of this Act, such oppo- 
 sition shall not have the (ircci of ^itayinu; the sale, and tlie Op- 
 posant shall not he entitled lo any costs thereon, hiit it shall he 
 return«'d into (!oiirl hy the SliiMilf after the sah-, t(t he dealt 
 with as lo law may appcitain. 
 
 \.\XII. The Seignior of whom ;iny land the tcimic of which ^..isnioiVs 
 shall he eomnmted iinderthis Aet, was held, sliall he maintained, iinvii.yp lor 
 m hisprivilcL'es and hvpolhecson the land,fortlic pavmciit ofall •'"•'"r'" l»'t'>ie 
 arrears ol SeijL,Miiorifil rights lawlnlly ducat the tune ol ^ueh ,„i„ntaiii.Mi. 
 eonuiuilation. 
 
 CKRTAIN I.ANDS DrCKAKKD TO HK AiVU TO UAVK HKKIV 
 noi.DCN IN FHA.\r-AI,EU HOTI'RIF.K. 
 
 XXXIII. All lands which any Seignior has, hy any Act (Aifc) |,,,mis heicto- 
 or D«!e(l in writinjj; heielofore executed, rcleast-d or agreed lo ior»'romtniif((i 
 release from all Seigniorial riuhls in consideration of the pay- l*' '" '",''' '" 
 ment of any sum ot money or oi any annual rent, are herehy' 
 declared to be and lo have been from the day of the date of 
 
 every sueh Ael {Ar/r) or Deed, free from all such Seigniorial 
 rights and liolden '\n friwr-nleu rottoicr ; but the Co' iinis- /em^M impo- 
 sioners, lor the purpose of making the Schedules of Seigniories '••'^ •'" ""'|" 
 in which any such lands ;ire situate, shall deal with all such IiJ.p)ne,V*i''« 
 lands as if they were now held en rntiire^ and when the same are 
 liable to an annual rent, shall establish and specify in the Sche- 
 dule the capital of every siicli rent, in order that the same miiy 
 be redeemed by the person liable therefor, in the same mann''r 
 as any rente trz/s/t/MfV established by this Act. 
 
 XXXIV. Ill lands upon which mortmain dues (^/ts </ro<75 certain InmU 
 » dHndemnUt:) liave been paid to any Seignior, and which have on which 
 
 not been sold or conceded since such piiyment to parties "'""^'""""^'nes 
 holding otlierwise lliaii in morimain, are hereby declared p;,i,l, to Ik 
 to be and to liav*; been from the ilay of the date of such pa-y- "'■!•' '" frmc- 
 ment. or '4 any Act [Actr) or Deed in writing, binding the '''^"' *"^* 
 owner to \y*y itie same, released from all Seigniorial due..*; 
 and duties wnA held en franc-ateu roturier^ but subject to th<- 
 payment of o renfc a}H>^tHHvc^i\m\\ lo the cm^ ami rent Ifgnlly 
 due thereon. ' • 
 
 |>7B|»J»BETATI0xy 
 
,■ ? 
 
 80 
 
 Act ii'if lo ex- 
 iiMiil ii. (-('ii.iin 
 
 Nijijliii'iry ol' 
 tlT•^•lnlil:aly 
 ot>'i. ^iil;.ic(', 
 aiifl fi : l;iiii 
 Jiefn hell! ol it. 
 
 r'ro\v:i ai;(l 
 
 {iiiloiics. 
 
 Oi<I,.,i!i-,'e 
 i^''.';rili()i:i;">. 
 '"■iNi.iiri i.im'f 
 iiiMifi I'ii.gtijii 
 
 Art oil.. C. 
 
 3 ( I'i'o. 4, 
 <•. I J. 
 
 ]'i()vi,-o : 
 
 (■'ovci'ivvr may 
 j.':i;mt i'(!i.;i! 
 
 !.('•. ,ilil:i',;o:r' to 
 
 Cmwii .'-'i?!- 
 guiorits. 
 
 Cap. 3. 8eignioriul Act of 1854. 18 Vict. 
 
 liNTF.UPHKTATION AMJ EXTENT OK THIS ACT. 
 
 XXX\'. Aiul, for llu" inlcrpiriiiiioii of this Act — Rc3 it, onactod, 
 That none of tlu; prov isicii:? of this Ail .sliiill oxtend to the 
 \vil(l and unconccdcd landa in S(M;j.nio!-it's liold hy tlio Crown 
 in trnt*t for I ho Indians, nor to the .StM;;n:orics hidd by tho Ec- 
 ciesiar^ticsoftlie ScMiiiiary ofSt. Sulpii-c of ?i:o;!{rv'a!,nor toci'JuT 
 of thu Fiefs Nazaroi'i, Saint Aiignslia, Saint .lo.veph, Closso and 
 Laii;uueh(^tien.', in the City and County of Monlnal, nor lo any 
 other o/T/trr-//i'/'den:'nding ujiun (rc/c;;.i.;f. dc) any of the said 
 Seigniories, not \o the ;-"(M:j;nic»ries of the hilf Order of Jesuits; 
 t)r other Seigniories hehl by the Crown and not above men- 
 tioned, nor to th(! Seigniories held by the Piineipnl Officers of 
 Iler Majesty's Ordnance, nor to any lands held en fraiic-aku 
 tiob'i: and granted nnder and by virtue of the Act of the Par- 
 lianient of the late Province of Lower Canada, passed in the 
 third year of the lleign of His late J^/tajestv King Georga the' 
 Fonrth, and Intituled : An Act for tlir ir/irfo/'art/n'u censitaires 
 or i;-r(utlces of La SaUe an-l otlirrs Unrein 7/iinfwncd., pot^scssrnfc 
 lamlh- iflthin tin- !i mils oj'llir Totrnshi/) nj' Shcrrin^::/n/f : Provided 
 always, thalll'-e Governor in Cop.neil may if he shall see lit, grant 
 to the C'c^/i'.'j77«/;7',vofthe Crown Seigniories the Rf'venues whereof 
 belong to the Province, (including the Seigniories of the late 
 order of Jesuits), upon ccarnuutation of their lands, equal 
 atlv.'intages and relief as are hereiiy granted to the Ccndlaircs 
 of Seigniories noi excepted from tiie operation of this Act. 
 
 Act not to ai- XXXVI. ?>othing herein eoalain.id shall aileet the right 
 f'ctancui.^, t.o, or the recovery of, any arrears of Seigniorial dues accrued 
 before the passing of tliis Act, or shall give any person 
 whoms:;oever any right of action for the recovery of money 
 or other value paid by him or his predecessors in the form of 
 rents or oIIhm' Seigniorial dues, or for the recovery of damages 
 wdiici) he may pretend to claim, for the [)rivalion of any right 
 of which he may deem that he has been- illegally dcjn-ived by 
 his Seignior, unless he would have had such right of action if 
 this Act had not fiecu passed ; nor shall any thing in this Act 
 be coRsirucd to weaken v\- to sup])ort any clainujf any Seignior 
 or of any CcnsiUdrcx to any right claimed by or for them res- 
 ])ectively, at the h.earing on the (jueslions anil propositions to be 
 )xiMii;,'ot i!<is submitied uiidertliis Act to th(>.ludges lor tlieirdecision, but the 
 same shallbe decided by the law as it stood inmiediately before 
 the passing of this Act. 
 
 S(.'!,'.-niu;'i 
 
 liull'S to 111! 
 
 (li-t'Tiiiiiii.'d 
 u.s 'iioy >ii)o(: 
 btl'oit! tl.o 
 
 Itlt'O jilv\! 
 
 ol \V(ii(l,5 ; 
 Seiijniory 
 
 XXXVn. The word " Seigniory," wherever it occurs in this 
 Act, shall be construed as meaning any i)arf of a Fief, arricrC' 
 fief or Seij;niory held by a single inrlividual, or by a Corpora- 
 tion, or held by several pi-rsons in connnon {par imlivis) as well 
 as the whole of a/r/', arritri'-j!ct\ or Seigniory, except in such 
 ])arts of this Act in whicdi the words '•'- arriirc-fuj"''' and "*Say- 
 nicrif" are made use of to distinguisli the Fief dominant from 
 tjif ilf'f servant ; wwd the word " Sejgnioi"" ^\\'a\\ be construed m 
 
18 Vict. 
 
 enacted, 
 1 to the 
 (; Crown 
 \ho Ec- 
 tocilluT 
 o.-ssc iind 
 jx to !iny 
 the said 
 f Jesuit!* 
 ,ne iiicn- 
 )fficcis of 
 rauc-uleu 
 f the Par- 
 id in tlic 
 >orga the 
 •nsitaires 
 
 Provided 
 •Ut, grant 
 s whereof 
 f the late 
 els, equal 
 ^cmnkdrcs 
 Aet. 
 
 the right 
 aecn;ed 
 person 
 :)f money 
 form of 
 damages 
 any right 
 wived by 
 net ion if 
 tlii;^ Aet 
 ^Seignior 
 them res- 
 ions to be 
 )n, but the 
 eiy before 
 
 irs ill this 
 f, airicre' 
 I Corpora- 
 is) as well 
 )t in such 
 rd ''S£ii>-' 
 nant fron\ 
 nstnied ob 
 meaning 
 
 1854. 
 
 Seignior ia! Act of 1851. 
 
 Cap. 3. 
 
 31 
 
 id 
 
 meaning any Corporation, or any solo proprietor, and all per- 
 sons who aVe ))roprietors in common [par iniliciif) of a)iy part of 
 a Fivl\, arn'cn-ficf or Seigniory, as v/cll as any person or Cor- 
 "poration, being sole projirielor, and all persons, proprietors 
 jointly and fiar in(lin'.'< of the whole ofany such F;ij\(trrivrc-Jhf^ 
 or Seignic»ry : tlie vvo;;|s *■' Sri^nior'''' ;ind *•' ('ciisi'airc'''' shall np- Si'i;:ii!iiv ;ii 
 |)ly to the owner of any rcitfc coii:<lUvcc created under this Ael, •'-'''*'■'''"*'> 
 and t!ie person chargril therewith, respectively, us well as 
 to the own(>r of and per.-on charged with the rights and 
 duties reprt'sented hy snrh Rr.Jc ; the words " Seigniorial Sfi:.riiifiri;il 
 flights," whenever they oecm' in tliis Aet, sh;dl include an<l he "N'ti'-i 
 construed as including all riglits, duties, charges, o!>lig;i- 
 tions, and Seigniorial or Ibudat dues whatsoever ; the word 
 " Lainl " shall mean any lot, piece or inu-eel of land, and ^- "i'^- 
 shall include the buildings thereon constructed, and all its ap- 
 purlenanceri. 
 
 XXXV'III. The I^egiflaliire ri'servcs the right of mal.ing R;:;lit to 
 any provision, det laraU)rv or otherwise* which mtiy he loiiiul iimrndiiii^Act 
 necessary tor the purpose ol lully I'arrymg out the mtent „, j.^ ,■.,:, .^ 
 of this Act ; which iuteut is declared 1j he, — to abolish ic^^nvcil. 
 as soon as practicable, all feudal or Seigniorial lights, j,^ i^i^.^j 
 duties and dues, substituting therefor rentes constituecs dcoiuicil. 
 of equal value, — to grant l.o the S(Mgnior a fair indenuiity, and 
 no ujore, for all the lucrative rights which the law gives him, 
 and which this Aet will abolish, — to |)reservetho rights of third 
 parties, imless such rights bi; lost by llieir own neglect or 
 laches; — and to aid the at/.^i'dirr out of the Provincial Funds 
 in the redemption of those Seigniorial eharges wiiich interfere 
 most injuriously with his indej)endenef', industry and enter- 
 prise ; and every cfiactmcnt and provision of this Ac-t sliall 
 receive the most liberal eoiisiructioii p(>-sible wilh a view to 
 ensure the accomplishment of the iaieniiou of the Legislature, 
 as hereby declared. 
 
 XXXIX. The " Interpreialion Act"' sli;dl api.ly to this Act. l^itorpniuiiim 
 
 ' ^ ' -^ Art lu ui.i:ly. 
 
 XL. This Act sh;;ll be luio^vn, cilej ;md refeireJ to as slinvt title. 
 " The Seigniorial Act ol lojl." 
 
 XLI. This Aet shall ai)|-)ly to Lower Canada only. Eitcutof Act. 
 
 FORM A. 
 
 Public notice is hereby given that the Seheduk (of the fief, 
 arriirefieforof the Heii^niorji) of {//amc (ffrf (irrirrc.fuf or l:ki- 
 'j;niory) shewing the renles coifslittfees into whieli the feudal and 
 Seigniorial rights, dues, charg(!s, obligations and ren s ("aie and 
 payable upon each land in such {fic^\ urrivre-fuf ox Si.igniori/) 
 •d\'v. converted, is completed, and that a triplicate th(^reof has 
 been deposited iu Ihc ollicc oj' the Keceivev (Jeuoral, and 
 
 anolht'j' 
 
:. 1^ 
 
 i\ 
 
 32 
 
 Cap. 3. 
 
 Seigniorial Act of 1854. 
 
 18 Vict. 
 
 another in the office of the Superior Court in the District of 
 and that the third remains in the possession of the undersigned, 
 {Here give the name of the locality in lohich the Commissioner 
 is sitting J and the date.) 
 
 Commissioner under 
 A. B. [ the Seigniorial Act of 
 1854. 
 
 Quebec: — Printed by S. Derbisiiibe and G. Desbarats, 
 
 Law Priutei to the Queen's Most Excellent Majesty. 
 
 ^ 
 
 Hi 
 
 i 
 
Vict. 
 
 of 
 
 igned, 
 
 moner 
 
 under 
 Vet of 
 
 lATS,