IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 1^ m 1^ 1^ 1^ 2.2 1^ Ui jMO ||p.o Vi u. , UUU 11^ 1.4 1.6 %> ^'^>^. V2 m .-a f*: r ^'m .dT' 7 i ^ Photographic Sciences CoiDoration ^^\^ % V 1* %^ 23 WEST MA.N STREET WEBSTER, N.Y. 14580 (716) 872-4503 v.. & %' ^ CIHM/ECMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut canadien de microreproductions historiques O' Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. 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PEBRAULT, PROTHONOTARY. QUEBEC: PRINTED BY T. CARY, & CO. • * m < • • • • • .• « , * • • * '» • •• • •* • • • • • , j,» » * J • •• , •,. •• • • ••• • • • • • • ■» • • • • .• "• • » » • • • • ' •, • • • • « • To A.< the Car Sib, The back d persons -of Emi thropy in ordc quaint conntr iVieii s in ordc have I cate to me in i 1^-^ To A. C. Buchanan, Esq. His Majesty's Chief Agent for the Superintendence of Settlers in Upper and Lower Canada. The diligent attention which you have for several years back devoted to the establishment of those unfortunate persons who seek refuge in this country, under the name «f Emigrants, affords me ihe highest idea of your philan- thropy and has induced me to unite ray efforts with yours in order to relieve their unftasiness, by making them ac- quainted with the Laws, Customs and Usages of a strange country, to which they resort with a view to alleviate tbeii sufferings and to procure the comforts of life ; and in order to remove those prejudices which may perhaps have been instilled into them. Permit me then to dedi- cate to you this feeble token of my exertions, and believ. me in the greatest consideration. Your must obedient humble Servant, JOS, F. PERRAULT. A 2 fi0234 PREFACE. ITavingr made » coi»piiation of the first principles of Iheoreticnl and Proclicul Agriculture for the use »t* (he Schools in Lower Canada, and also a Treatise on Airri- rultnre and Horticnltnre, it appearH to me that I ought to lay UePore its Inhabitants a Statement of t'h'e duties ser- vices and ohligat!-M9 that they have to f.ilfil h„th towards i^od and their I'ellow mortals, to complete their instruc- tion. A work of this kind cannot bnt he very useful partlcn- larly to strangers who come with the intention of settlinif in a country, of the laws, usages and cu^^toms of which thjjy are lo-norant. The Feudal System introduced in the country is a huff. hear to them because they do not know that it is only the name which is odious here, and that it is more advanta- geous to their settlement thiin that of Free and Com- mon Soccage lately introduced, particularly much less ex- reuMvc and bnrthensome, of which they mt.y convince thenrselves by rea dinar this unprejudiced work, which I aver to be founded on the existing |awa of the country and no other. ' It is only the wish to he useful to the old and now Vo~ lonist^, tiiat has induced me, at the ajje of seventy-nine in undertake a work of this importance, which requires* much attention and research. It is probably the lost work which T shall make, and may therefore be considered ^ my Testament and last act of good will in favour of the Canadian Farmers, (cuUi- T'j proceed rejrularly, I shall divide this work into three f nncipal heads or parts. 1 will treat in the fust part of Religions Duties, in the fipcond of ('ivil Unties, and in the third of Functionaries «i)d Public Offices, The n Divine i • that pro individu The fi thou ha Thert there brf lo ador< our offii to oblaii ^nithcr Chur [catnpa^ ; a C >we Hit 18 to of lead, tl; address his appi Priest t i the maj into the the hui number makes them to The sioners pray th choose require The ( take p choosin votes, 1 drawn 1 The firmed - miike p ! Le hum ' 9 I'inciples of use »t' (lie »e on Ag;ri- t I ought to obtain His favours, and the pardon of our odences, we ill therefore in the first place devote our attention to Churches. — When the inhabitants of a country place campagne) feel the necessity either of buildingor repair- ng a Church to offer therein to God the hommasre they awe Him, or a Presbytery to lodge tlse Curate, ((-ure) who iis to officiate for them, or a Church Yard to inter their fdead, they are authorised by the Laws ot the country to .address themselves to the Bishop of the Diocese to obtaia fhis approval, and he delegates a Vicar (Vicaire) or Arch- i Priest to the place to ascertain if the demand is made by »the majority of the inhabitants of the place, to inquire iinto their ways and means, to establish the dimensions of jthe buildings, and to erect or to repair according to the j number and me.'»ns of the Petitioners, of nil which lie I makes a proves verbal and upon this the Kish»p allows |them to proceed before a competent civil tribunal. The petitioners then address ihemselvps to Commis- sioners appointed by the Governor of the Province, and pray them to be authorised to assemble themselves and to choose Trustees for the purpose of conducting the works required, The Commi^sidners immediately order the meeting to I take place, pre^ided by the Curate, lor the [)nrp(>se of J choosing a certain numtjer of Trustees, by a maj<»rity of [Votes, to conduct the works, of which an act must bo drawn before a Notary. The Trtistees appointed present a petition to be cop- Ifirmed in their appointment and authorised to proceed to I miike provisional estimates and agreements, which muU be humologaled, to attain the object in view. If tliore be no opposiCion (he Commissioners con fir nine for th Iheir appointment, uuihuri''^^ them to make provisionaliliahitan «i»timtiteii and agreemontH, to pnhlibh them in the Newsjient of I papers, and at tlie neareht Chnrck doors, and expressij Churcli enjoin them not to proceed fjirther until they shall havei ailed foi been specially authorised to do so. evenues After the estimates and ofrreements shall have been ender a'i thus published and provisionully agreed upon between thtj lient Chi Trustees nnd the Contractors, they shall he produced This ei before the Commissioners, who generally sanction thenwratuitou and order the Trustees to draw up a statement of repar* hey cam tition of the materials, days' work (corvces) andmone) The ze that eoch parishioner must furnish at the prorata of his^ ained by inunoveable property, and to deposit the same into the heir Ctir hands of the Curate for n certain length of time, to be hey pay freely commu.:'cated to all tliose interested therein that: teep thei they may take cognizance thereof, and have the errors, if' Th« Se any there be, rectified. frardens At the expiration of the time of the Deposit, the Trus- nust not tees present a new Petition to the Commissioners to have >y the I this repartition homologated, which homologation is im- ignorant. mediately granted, if there be no opposition ; or amended I Holy ( if required, upon condition that in either case, the Trus- Lgg„ ^g^g tees shall keep and present, after the completion of the L^^ q^^^ ■work, d regular account of receipt and expenditure, in default whereof they cannot be duly discharged. This homologation once obtained is binding between all the ieterested parties, and has the weight of a matter adjudged upon ; therefore the assessed persons therein Imder pa mentioned must furnish the materials, the days' work and i>'»rty, a< the money assessed on each of them, without contestation, |l3tli Jam to ovoidcertain and expensive condemnations. f The Ji The Churches are blessed and consecrated to God before land the I they are officiated in. The infraction of the buildings and&er, 1742 the theft of their sacred vases are regarded as eacrilig«-|lhe Holy oufl, and are punished with the utmost rigour of the law. Mffering, Those Cliurches are generally furnished with Pews, lllie Pari ■which are rented to the Parishioners, the .noney derived jobligatio from the rent of the same and some trifling allowances Ito confor serve to support and to embellish tlirm, to pay the singers, I tlie sexton and beadle, nnd to purchase the ornaments, | Baptu 4he vases, the lights, &c. &c. &c. P«'>€?s are The Presbytery is generally divided into two parts, the Nraw up i hich ex aithful, 1 o preset here th )ner8 confirn|ne for tho useof year at an assembly y shall bavilalled for tbot purpose, to administrate the ijooda and levenues of the ChurcheB, of which they are bonnt'< to 1 have beentender an account annually to th« Curate and to the au- i between tht; lient Churchwurdens. , , i. , 1)0 producet. This employment, it must be observed, i» pnblu^ and auction tben^ :ratuitou«, and all the parishioners are subject to it, and lent of repar. hey cannot refuse it when called thereto. and money The zeal of the inhabitants for their Religion U ascer- 3rorw/a of his* ainod by the beauty of their Church; their regard for me into the heir Curate, by the extent of his lodgings, and the re&pect >f time, to be hey pay their dead, by the good condition in vrhich they therein that teep their Church-yard. the errors, if* The Seigniors, the Captains of Militia, and the Church- vardens hove cei ain honorary rights which the Curates sit, the Trus.1 nust not neglect to pay to them, in the meaner prescribed nersto have iy the Laws of the country, of which they are not to be Ignorant. Holy or Bles&ed Brkad. — The pious custom that haa »^een retained of offering the Holy or Blessed Bread m -bur Churches, in remembrance of the community of good* enditure, in {yhich existed in the first ages of the Church among the l^^' faithful, has become an obligation to all the Parishioners between all fo present it each in his turn in the Church or Chapel of a matter firhere they are obliged to receive tho Sacrament at Easter,. ions therein lender pain of an onlimited fine against the contravening rs' work and |>'»rty, according to the ordinance of M. Courcell, of the ontestation, p3th January, 1670. The Jurisprudence bas been uniform since that time, j God before |and the Becree of the King's Council of the 17th Decem- uildiiigs and P>er, 1742, which condemned Dame de Picandy to present as eaciiHgtf-fthe Holy or Blessed Bread, with a wax candle and an of the law. |j).ffering, by a person of her family and of her condition in kvith Pews, ftiie Parish Church at Montreal, leaves no doubt on that ney derived |obligation ; It iatlierefore prudent for all the inhabitaDtft ' allowances fto conform to this custom. the siMtrers 1 ornaments' ' Baptisms, Marriages and Burials. — Those ceremo^ ' luies are pesformed in our Churches, and the Curates purts the l^-i'a^ "P »" registers acts of the same, to establish the slate gation is im- or amended e, the Trns. etion of the of famUies, nnd Uiey are ai.tl.onied gire cr»plos Ihcreof, at the request ut tl.o parlie. intere.led, which are prouf^ 111 '*|ra1. ffeL an Laval r"* fpiiMajc of the S'Jlh Fehriiary, I71(), prohibitUHll pen.onB Ironi trot-lecided tinjjor galloping their horBes when leuvinff the ( hurHilrain, at ♦mm they are ten arpents from it, aikd enjoina them when! »ey •hoi mey meet loot passei.gerg, (o stop and even to go asictet. ^nd t(J \?nA Z S've them time to ffet ont of the w«y, the whole mder the peanltjr of twenty livre-agninst every offender to he applied to the nscuf the Fabric of the I'aiibh h heri the contravention shall have taken place. Or Good ORDcn.-To maintain good order in the, nJll^M r'^Bo '^'P!''''i?P'"^«*' «" «*^t^" passed the ^ 17th March, 1821, in the first year of the reign of Geo. IV. cap. 1 repeal ing tha Act of the 57th year of the reign of Ko*t.\ ""?..fVJ»'"«<'»« Chnrch-wardens, Ofricers and he.jeauts of Mil.tia, to enforce the same as well within as without the said places, under pain of fine and imprison- ment apainst the offenders, and even against thoie who spend their time in drinking In taverns during Divine Service ; moreover, by the said Act, it is lawful for two Judges of the Peace, at the request of the Church- wardens or of the Curate to appoint two Constables a ileTciou, assist the Chuich-wardens in the exercise of the dutie^ iarents mpo«ed upon them by tbia Act. which was continued at f„T ' divers times and is nt present in force. , "f^^ p, Of the Rksfect to sb observed in Chdrcheb.— k exten J here exists an old Ordinance of Mr. Randot of tl>e I'^ib fchools. November, 1706, which enjoins the inhabitants to be 're- f A Soci spectTui in Church, and forbids any person from quarrnl- *®en aut "* or even ^onversing in Church, from going out during about the tion a! nd adhe ourts iven coi We ha other itU &8 barges To be urate n habitai undays lUst adti ^ick, and Of Sc heafrmou an^ from smoking at the door or «„ounne Uiurch under any pretext whatsoever, under the penalty often livres, to be applied to the fabric of the laid Church. TiTHBs.— •« Tithes and Dues thou shall pay to the Chunh " f'uM u ".^..° Commandment of the Church which wr? mu8t luUil, but the observance of it is also enforced by the Law» of the country, . ' ■ It is necessary to know that when Mesrrs. Trncy, Cour- i me i r*i i V*" M^'"." V^'"^ «e"t t« this country by His Most ind afte Christian Majesty in 1665 as Governors, Lieuteuant Gen- fubjeDt i Ish Schc nee, or ng ; an< eal, an( The C hey hav Id and i redit, a The 1 oplos (hereof, ich are pruuf( I alf and Intendantt, they made a regulation tv^ith Mr. e Laval then appointed head Uinhop of this country bf is Majesty, the 4lh September, I6(>7, after hafin^p heard r Mr. Bejfon,f«o fli"»t iiihabitonts (lea plus Notables) whereby it wns Dm (roiii trot-#ecided that the Tithes should, in future only bo paid in j: the (hur'-hfoin. at the rate of the 26th bushel, in consideration that IS them whenf'ey should be held to house it, to thresh it, to winnow n to go QsicteVt ^nd to carry it to the Presbytery, wherefore this regu- ly.the wholefBtion although it be very old bus always been followod ery ofltMid«'r i^d adhered to in the country and serves to this day in tho 'aiiKh Hherei^ourts of Justice as a foundation to all tho judgments iven concerning Tithes. We have not the misfortune in this country to pay Tithes other ministers than those of the same persuasion of itii &8 those who contribute, as well as other smaller barges for masses, marriages and burials. To be entitled to receive those Tithes and Dues, the urate roust reside in the Parish, he must officiate for the nd imprVson^ |n'>a^ita'»t* residing there, he must sing Grand Mass on »t thobe who fnndays and Holydays,^ he must preach occasionally, he liiust administer the Sacrament to them, he must visit tha ^ick, and he must instruct their children. i Of ScHOoi.8.— 1 include Education under the head of fleligious Duties because it is a moral obligation which Jiarentsowe as strictly to their children as food and cloth- ng. I The Province was for a long time deprived of the means ^f extending instruction to the country parts by means of Schools. ' A Society of men under the name Frires Charons had een authorised under the French Government to estab- Ish Schools tor Boys in the country, but its short exist, nee, or some other causes prevented them from succeed- ng ; and they only held one School in the town of Montr- eal, and that only during a short time. The Congregation Nuns have been more fortunate : hey have established some for the Girls both under the Id and new system, and they support them much to their redit, and to the advantage of the country. The Provincial Parliament shortly after its existence, t nd afterwards from time to time has taken th's important iibject intc consideration, whereby we have three kinds jrder in the is passed the 1 of Geo. IV. ["the reign of Officers and ell within as Jrinir Divine wful for two he Church- 'onslaUIes.io f the dhtios ontinued at HDRCHBB, of tl>e \*iih ts to be re- om quarrnl- l out during r about the the penalty aid Church. he Churcft,'' ch wF must »y the Laws rncy, Conr- ly His Most puant Gen- i^ ■fj 10 |Mor€ of Schools recognized by low, of grliich we will say somjnce 1 thiiiff^ to wU : ' '*act h Schools of Royat. FouNDATiON-Tn conseqnence M^r d.recons g.ven by HU Majesty for the *.8.ablllhme^t Ik/S' a certain number ot competent gratuitous SehooU for thTTh^' instruction orthechldren of the country in the first eleli nient. of useful Sciences, there was an act passed in Vhl" ^ n 4th year of the reign of Geo. III. cap. XVI I. to that efc. lect, which having been reserved for\he Royal Sancton*nhi v/is not sanctioned till the 7th April, 1802, and procUi me ■^'^'*'' *n thiscounfry the 12ih August the same year. hpin wfr?J."'%"*^ ofTrustees for those schools havinlssbn were PrnL* * ''"TTu *''^ SeneraWty of those namefarsof ThnZllZf u^^i^' ""' ^^^ consequence has been thafeign renrrlih l^^'^ 5mve been ^f no advantage to the child|vi pj reo or Catholics, and that only the children of Protestantft34, a irequ*nt them ; to avoicf disagreeable reflections and unf un v leasent .ensat ions, 1 wilt refrain from entering into aninum details concerning the said Establishments, which ha vffirisS. been transferred into the hands of only one' sect, insteaX hea ofbeing advantageous to alL »"*iea«ie nea Fabric Schools,— Twenty-two years after the na8*ln of the Act above cited, the Provmcial Pa rameiXe'm that the Schools of the Royal foundationweTnotTe quenieJoyCathoIic children, deemed it proper7o remed the same b:^ establishing Elementary Schoors und-r fh, direction of the Fabrics and out of iheir lu.-^ds opertj ail ha )intme The SI id Scl monc It est term! ail ad Bijt the employment of funds appropriated to the main a, . a tonance of Religious Worship not pleasing the fXhiSntsf ^ !i ' this new act was not more successful than the ^rlt " si that a few years after other mean, of encom agem^if beli[Ti'' came -ecessary, and those adopted gave such Sact^ori^^ that the whole Province was provided%vith Schools. ^^''^'TSJv"^^; in fsT b71^7.f fh"''o.'''""'^H^u^""'""''^'^^ authorised ' J"«l ?:/^ ^ V'/iH? ^^'' y^^^ «f the reign of His Majesb Geo. TV. cap. XL VI, not only to give consldarable sunv ot money thei-ein mentioned, but also a sum of v;vent pounds tc each School Master anu Mistress in each Parish * inLT;7/"P"''?"^ ^ gratuity often shillings for even I Asaln poor child that was instructed gratis, provided the niimb^, 1 diJ not exceed fifty and was not less tlian twenty ""™^^T^*^" ' ev ganizf lelhod ;oreov€ le follo\ 11 ve will say book consequence «^8(ablitiliment 8 SchooU for tha [Moreover it was enacted that the Governor should ad- ince to the Trustees a sum of money sufficient to pay the lact half of the purchase and building of the School-house. iThis prcdigality excited so much, I will not say emuia- )n for instructing but cupidity, that it would have ab- rbed the Public Revenues, if it had not been remedied. [The Standing Committee on Education and Schools have , which hav © sect, instea rliament seein I were not fre oper to remed ooFs under tht' :dH. ed lo the main the inhabitants n the jf^rst j s magement be ich satisfaction schools. was gutborisedl of His Majesty! sidarable suni'i i Royal Sanctioii|.obably occasion another diminution of Schools and con- , and pruclasme|^„ently a decrease of expenses. year, JThe Provincial Legislature have repealed in their last » schools h^vinVssion the Acts of iMucation of the 9th 10th and lliii of those nameZarsof the Reign of Geo. IV, and of the 1st year of the has been thafeign of William IV. up to the 16th May, 1832, and ige to the childftve passed a new Act which will exist till the 1st May, n of Prote9tnntft34, and established the number of Schools that each lections and onjunty shall have in limited Districts, and allows £20 per iterinor into anMinum for each of the said Schools, and £20 for every 9. which hnvXirls School. It enacts that Trustees shall be elected by e heads of families; of each District, who may acquire property- for the use of the Schools of their District, and Her the passin^^''' *^*^^ ***^ direction of the said Schools, and the ap- '*^intment and removal of the Teachers. The said Act points out who «ihall be the Visitors of the id Schools, assigns them a certain authority, and a sum money to recompense the most diligent Scholars. It establishes that the School Visitors shall bear and termine ail differences relating to Schools, that they ail adjust and settle the limits of each School District, nd diminish the number thereof or recommend an crease of such number, and report upon the most liiable site for the erection of a Superior School in each unty. Wherefore we may expect before long a more perfect ganization which wilt explain what is taught and the ethod of instruction that will be followed in future, and oreover what are to be the series of exercises that shall um of tiventil® followed during the morning and evening sittings, n each Parish f 3i d part of civil duties. lings for eve rj I As almost all the rural duties and servitudes differ by "" the numbeijeauon of the different tenures of land, L will observe that -"'ty- i E 2 It in Lower Catiadti there are three k«nd« of tenure, in ^idkie Sela tnroturey frM thensome ? Lands held in Roturo, are detached parts of a Fief which were generally conceded by three arpents in front and thirty or forty arpents in depth, charged with four ^T^ . *^?,'*°^'^''* currency, in money, one bushel of Wheat, two Capons, and sometimes with one or two days work, for the whole land per annum, which made in all nine francs, to wit: four francs and ten sols in money, one franc for the capons, and one franc and fifteen sols' ior each day s labour ; these lands it is true were subject- ed, in case of mutation, to Lods et Ventes, which was and IS still thetweUth part of the price of sale, but as it was the purchaser who payed, the inhabitants did not consider It as a burthen to themselves, who were the venders BANNAiiTY.--An ordinance of the Upper Council oV the torsi July, 1675, enacts that the wind and water Mills that 13 tenure, in ti^ occage. De La Roche, 1 the King of rant Deeds of om they vrere to gentlemen ing in Fiefs, atsbips, Baro- ', on condition lefense of the rges and dues was given to mpanies wIhi bat the Land, y the Droit de at each mu. e their LaiMls i ask for the> per arpent in ight ofLodset be occasion, id a day; can erate, if they he least bur<^ ta of a Fief, pents in front ^ed with four i>ne bushel of e or two days , made in all | Is in money, ' id fifteen sols were subject- hich was and but as it was not consider renders, iouncil of the ler Mills that fie Seigniors shall have the right of Bannalitv* and thatr the Tenants who have bound themselves by their Deedsh of Concession, shall be bound to carry their grain to b» round thereat, and to leave the same at least forty-eight lOurs (o be ground at the expiration of which it shall be Awful for them to take it back, and if not ground, to carry ^to be ground elsewhere, without the Miller having a ight in such case to take his fee for grinding. Grinding. — The amount of the fee for grinding has leen regulated by a decree of the Upper Council of the d June, 1667, at the fourteenth portion of the grain to be round. Weighing and Sifting Grafn. — The Proprietors car- ying or sending grain to be ground at Mill shall be held o weigh it, or to have it weighed at the Mill in the pre- eoce of the Miller, and also the flower producettfrom the ame, in default whereof their complaint shall not be at- ended to, in conformity with the ordinance of the Upper Council of the 11th May, 1676. On the 29th of September, 1732, Proprietors of Mills and their Millers were prohibited from grinding any wheat that bad not been sifted, for which sifting they shall only exact six deniers per bubhel, and they shall return the si f tings. Ad^measurement and Survbt of Land. It was en-- jx)ined by a decree of the Upper Council of the I3th April^. 1669, to all those who should thereafter give out Conces- sions, to have the same measured,, surveyed, and squared for ten arpents in depth, at the expense of the persons taking the Lands, under pain of the Granters answeriug in their own names for the damages and interest that those who should state themselves to be aggrieved should claim, forbidding the Purchasers from paying any dues or rights until the operation should have been performed. »■> Days' Labour or Corvee, — The Cprvees are days labour with which some Seigniors have charged their Tenants towards them, in passing their Deeds of Conces- sion, a clause which Mr. Beyau sanctioned by an Ordi- nance of the third June, 1714, on the Petition of Michel Laliberte, and others, against the Sieur Desjordy, Seig— nieur of the Isles Bouchard, to wit :■ those who owed> three to give one in the sowing season^ another in hoy- Mi. 14 i> > I time, and the third in the harvest, and if (hey should owe more than three days, they should give them in the ploughing season, or pay at the rate of twenty pence each. The inhabitants are not only bound to these day^' labour, but also to assist in building Bridges, where they shall be required, over Rivulets and Marshes, according to the 8lh article of the Decrees and Regulations of the first of February, 1706, with prohibitions to all persons to embar- rass the Highways by Fences or Barriers, under any pretext whatsoever, under the penalty of twenty livres. Franc Alleu, or Free and Common Soccagc. — As hese two tenures have a great analogy to one another, namely, that they are neither of them charged with any Seigniorial dues, I shall not draw a distinction between theni. This last kind of Tenure has only been introduced in the country since a few years, under auspices which at first occasioned great uncertainty in the decisions of the Courts of Justice ; But it appears that since, it has received such amendments and explanations as to give it more resem- ' blance to the Franc Alleu, known by our Laws, particularly as regards the rights of Succession, and Mortgages, to ivhich it was doubted whether such property was subjected. This tenure would bo, without hesitation, preferable to that of the Fiefs, if the persons who have received large tracts of land, free from rent, were held like the seigniors of fiefs to concede them at low prices, and without exor* - bitant charges, instead of which they do exact them, or 1 such high prices, or such extravagant conditions that ihey ' prevent the clearing of the same, and cause a notorious injury to the Colony. Besides the Reserves that have been made of pieces of land, sometimes for the Crown sometimes for the Clergy, prevent the opening of roads, deprive the neighbouring tenants of exacting the division labour, and the clearance (Decouvert) of which they are in want of to accelerate the maturity of their grain ; these 'and he Jnot the |ont isst Ithence I inconveniences are so serious that they deter from setling the lands adjoining these reserves and occasion the gaps, or rather spots, that are to be found in the townships ■where this tenure is adopted, and that are not to be met "with in the ancient concessions or fiefs where the inba- tnnts, not meeting with these reserves, have established themselves one alter another, and yrhere they may aid Feu in /rani and coi of cleai upon tl King*s Council the clai held in Tbes the mt to the 1 niors, a and it ii remain mon Si to set t Fen< lume ol to be f folio wi I It he which : virons < enact ti pasture shall fa keep i when proper their i asshal ditches neighb I I r should owe hem in the pence each. lay%' labour, ley shall be ig tothe 8lh the first of IS to embar- under any tiiy livres. tccAGE. — As le aiiother, (d with any in between uced in the lich at first "(he Courts :eived such lore resem- )articularly trtgages, to i subjected, eferable to nved large i seigniors hout exor- ;t them, or B that they I notorious that have he Crown I of roads, lie division ' h they are ^in ; these 3m setting the gaps, townships to be met the inba- stablished may aid 15 I 'and help each other mutually in their wants. They have *not the vexation of living blocked up in their lands with- out issue, and of being often forced to withdraw from ?thence ou account of these privations. It is therefore necessary to compel these extensive proprietors to settle themselves, or cause to be settled by others, said lands, or return them to the Domain. Feu et lieu.— All lands in the country whether in fief, I in franc alleu^ or in free and common soccage, are given land conceded on condition of keeping feu et lieu, to wit — i of clearing them, of increasing their value and of settling upon them, under the penalty of being reunited to the King's Domain, according to the decrees of the King's Council, of the 6th July, 1711, and 15th March, 1732— and the clause is inserted in the deeds of concession that those held in free and common soccage should have the same fate These decrees have always served as a foundation for the many reversions of such land that have been made to the King's domain and to the domains of private Seig- niors;as occasion required, before and since the conquest, and it is desirable that the same means be adopted for the remainder of those lands that are .reld in free and com- mon soccage by the extensive proprietors who neglect I to set tie them and prevent others from doing so. I Fences and Ditches of Division. — In the second vo- I lume of the Ordinances of all the Intendnnts, page 73, is I to be found aaordinance of Mr. Beyan, which enacts the following : It having been represented to us ** that the waste land which is given for pasturing of cattle, as well in the en- virons of this town as in the counti7, is injurious, &c. We enact that the proprietors of the arable lands, of fields and pastures, as well of this town as under tliis government, shall be held from the 10th of June, 1725, to make and keep in good order their share of the fences of division, when any one of them shall be desirous of enclosing his property, and likewise to make the ditches of division at their mutual expense ; To effect which such proprietoys as shall wish to enclose their lands or to make the said ditches of division, shi.K be held next fall, to cause their neighbour to appear beiore the Judge of this town, or Delegate, to see himself condemned to make, after the I 16 nowinfi^ seagon of the folloTiring year, the said fefices and ditches of division, and the same shall be done every year, in order that those, who shall be held to enclose their pro- perty, may during the winter draw out such wood as they shall want to make the said fences, after the sowing of the ensuinij year, and in default of those who shall be obliged to make them in tho said delay doin^ so, and the said delay being elapaed. We permit those who shall have asked for the said fences and ditches to have them made at the expens(* of the parties refusing, whom we condemn to reimburse the advances that shall have been made for the said fences and ditches of division, to wit — the days that hf:ve been employed at the rate of thirty sols per diem, and the posts and perches that shall have been fur . nished, according to the estimate that shall be made by the Captain of the place or other Militia Officer." Fences ov the edges of the St. Lawrence. — The Sd May, 1665, the Upper Council enjoining all persons who had or shall have fences made on the edges of the river St. ^Lawrence, to place them so that they would be at least two perches higher than the highest tide, to facilitate as well the passage of carts and cattle, as navi- gation, and also enjoin all persons to enclose, such as are lower than two perches, under patn of all costs, damages and interest, and even of fine, should the case require it, wherefore it will be lawful for any person to pull down and take away those that are not in conformity with the present ordinance. Decouvert.— The6th February, 1759, a judgment was rendered in the Provostship of Quebec, between Joseph Marie Pemers, Marie Jeanne Corbin, condemning the defendant to give clearance (D^couvent) to the plaintiff^s land in the month of March following, in default of which the plaintiff was authorised to have the said clearance made at the costs of the defendant. Pasture for Cattle.— It is forbidden since the 29th May, 1665, by a decree of the Upper Council, to all per- sons to pasture their cattle on land that doas not belong to them, as well on Cape niamond as elsewhere, under penalty of twenty sols for every animal ; It is moreover forbidden for any person to make new roads and to go over land that is sown, except on the customary roads, under a fine often livres. Hunt 1676, pr fnd con ^r force ■and ( interest lalf to t Shac] the Ist es do ihat pel r stall .Vhoha' |y of te %leclare |la Gali| lorderin feuing, ) lofthel tin rafts I bet wee end to found c ' againsi I offer it I and ih I The ^ sons t< j wood under horses HiR d inane I the ler i ealarie to the ; been < ! cord ^ i to del ■ demar id fefices and e every year, ose ihejr pro* wood as they the sowing who shall be so, and the [lo shall have B them made we condemn en made for it — the days irty sols per ive been fur . made by the iCNCE. — The : all persons edges of the they would best tide^ to :le, as navi- such as are its, damages e require it, pull down lity with the dgment was reen Joseph lemning the le plaintiff's alt of which d clearance ce the 29th I, to all per- not belong here, under is moreover d to go over oads, under 17 JF Hunting —The Council Assembled on the 6th July, "1676, provisionally forbid all persons of whatever quality ind iondition, to pass on sown land, to l>ref^. P«" ^.^7"; «r force open fences to hunt, under a penal y of ten hvrcs !-and of a greater sum, should the case demand it, and Interest and costs ; the said fine to be applied the one lalf to the informer and the other half to the proprietor, f SHACKLEs.-By a regulation of the Upper Council, of the 1st February, 1706, to prevent the damages that bor- es do to grain by leaping over fences, and the danger hat person!, passing on the highways mounted on mares W staUions, aie exposed to, it was enjoined to all those t ho have horses at grass to shackle them, under a penal- C of ten livres for the first offence, and the same shall be lleclared immediately on the first complaint. I Fire Wooo.-An ordinance was passed by IVJe^srs. de la Galipponniere and Bigot, on the 20th S«lV«"^ber, 1748. Im-d^rirfg that to commence from the Ist of June then en- Luing, all the cord wood that would be brought into any loftl^ Towns of this Colony, whether in sleighs, in bcmts, tin rafts or otherwise,should measure three feet and a^alt l^[ween each cut, that it might be four feet four from end to end, under pain of having such wcod as ^hould be Lnd of inferior length confiscated, and of fifty livr^ fine ^ against the proprietors of the same, or those who should I offer it for sale, to be the one half to the General Hospital I and the other half to the Hotel Dieu. I The 27th December, 1713, it was forbidden for all per- sons to cut down or take away without permission, any 'wood on land of which they were not the proprietors, ' under a penally of fifty livres, and the confiscation of the horses and sleighs. Hired Wood Cutters.— It is enjoined by the same or- dinance, to all hired wood cutters to make the cord wood the length above prescribed, under pain of losing their ^ salaries, and moreover of twenty livres fine to be applied to the Fabric of the Parish where the ofTence shall have been committed; it is likewise enjoined to all vendors of ^ cord wood, whether in boais, rafts, sleighs or otherwise, 5 to deliver and measure it by the cord before they can ■ demand payment, with prohibition under the said pen- C % M 18 altyofconfiscation and nne. to mix rotten or worm eaten Mrood, or eveu spruce or fir wood. .n^^'o^'I^T*"! ^^^^^^' of wood has been reduced to two feei and a-half between each cut tliat it may be three feet fron^ nfl.V^ ^^nT,"^'^^^^*"*"^^ «f "^« ««id Upper Councn lit'^^'^irlP'^i''^^'^^'^^^ 5 »"d by a regulation of the 11th ot May, 1676 It is enacted, that a cord of fire woodshal measure eight feet long and four feet high. Undertakers and Labourers.— Tlie 19th arhVlA nf the ordinance of the 7th June, 1727, regul'tes'lLt a ta.' ters of trades shall be exempted from paying in whole or in part the day's labour that shall have been abandoned or in" terrupted withotit a lawful excuse, at whatever hour of the day the same shall have happened, and also from paying any part of a bargain that shall not have been entirely per? fonued, unless there be a lawful excuse, and from paying the sa ary to any abourer or journeyman hired by the month ,X«L^ year, who shall ask for his discharge before the ex' pirauon of his engagement. It is forbidden to demand or give in advance on any bargain, more than one-eighth of lnl^AlTr^^'T'!?\ *^ ^^'^ ^*' ^ repetition of not being attended to, and of losing wJiat surplus shall have beeS ^IVtiu. cn^'''r^»7%''^'^T'^^''^ ^^^" *^ *^« Sienr de B^can- cour, Grand Voyer, by aregulaUon of the Upper Council of the first of February, 1766, to repair to all the Seign odes where the highways had not beenSegulated, to regulate them in concert with the proprietors, Ind to make them at least twenty.four feet w&el enjoi'ning tir?nhabitam^^^ each oil his own account, to render them perfectly Dassable and tofinish the days' labour (corv^es) to'^nmke th^br^^^^^^^^ where they should be required. *c uiio^^es By an ordinance of Mr. Randot of the 18th of June, 1709 It was enacted, that the seigniors, as well those who are abl sent as present, shall be held to make the roads and fences with ditches where they shall be required, through the whole of their domain, in which shall be comprised, the unconceded lands, reserving to them the right of being re- imbursed the expenses of the said reads, fences and ditches when they shall concede their lands. "«cnes The Seigniors are likewise bound to make the twelfth part ot the roads leading to their seignorial mills. (4 Since iod thej them all M^ that keep in IHit alio fridges, #C. «!i^C. I There e laws iws wei iot meel fegligen WATf lUst bes ustfac ihe tnha 'Ihed fettled t jparfies, terbal, \ pxo'id dli V Insin know th lions of "within :iif\ioftl void. 3b Mil/' officers the mil Thei conditi( conseqi the age His { attondi I he is b( tiesagt cognizi that is 19 r worm eaten ^ed to two feei hreefeet from Jpper Council, ion of the lltli Sre wood shall 9th article of > that all nias> in whole or in idoncdor in- er hour of the from paying entirely per- from paying by the montli lefore the ex- demand or me-eighth of of not being ill have been nr de B^can. pper Council, ie Seigniories to regulate nake them at inhabitants, !tly passable, 3 the bridges 'June, 1709, who are ab- and fences, through the iprised, the >t' being re- and ditches the twelfth s. * Since the above period several laws have been passed, ilid they are so numerous, that it is very ditficnlt to put them all in force : all that can be well understood of them it, that every inhabitant is not only bound to make and keep in repair his front road across the whole of his land» hut nUo to work at the routes or by-roads, at the public Ijiridges, at water courses, at bridges across swamps, Mc. Sec. &c. .,.*./. 1 There are a number of officers appointed to put in lorce le laws concerning roads in our parishes ; and it these same iws were applied to the roads in the Townships, we should (Ot meet with so many inconveniences, occasioned by the legligence of the extensive proprietora. Waters.— It is a matter of right that the Low Lands lUst bear with the waters ot the upper ones, that they ..ust facilitate the course of the said waters, and not deprive [he inhabitants that are below of the use of it. '1 he difficulties that shall arise in regard thereto, shall be fettled by noninterested experts, named by consent of the iarHes, or appointed by a judge, who shall draw a proces %erbalf thereof, and to which the parlies must submit to avoid disagreeable consequences and sometimes their ruin. I Insinuations.— It is the interest of the inhabitants to itnow that they are obliged to take to the office of insiuaa- Mons of their respective districts, all deeds of donations, iwithin four months from their date, or at least during the iife of the donors, under pain of the said donation becoming ?void, 3d part, of officers and public offices. MiLiTiA.— The law that creates the greatest number officers, duties, and public oflfieers is, without contradiction, the militia act. The first concessions in fiefwere given under the special $ condition of the tuition and defense of the country, and in I consequence the militia act declares that every man from h the age of 18 to 60 is a militia man. i His service in time ofpeare, by the last act, consists in I attending one yearly review, but in time of war or danger, I he is bound to effective military duty, under severe penai- ? ties against theotfenders, of which every one ought to take cognizance not to be exposed and avoid the dishonour that is incurred by those who try to avoid tUat obligation c2 20 and chVu,r/„7rrht'ti7e!;:nrhi"''ei"er„i:r' "" ""■» ".en, are obli(fed ,o .ulfllS duties ^.-hih^hll '""*"° more nu.neroUB and burthensome ,a^ ureirs '"■ "" .t?:„;;^"c'i^:;nurn:';^a7,Th^tuT:;:'^ """ "4- borious duties to liilfil thT,. Vh *^ .'^^" ^^'^^^ "'O'"® Ih- n.emsel';e.\'"r«lled inih:""^ ""'"^' "« '«'""'' '° h-ve anceir. ererv case of need .nJi . ' '". "^'"•'1 assist- M.inaU and vograiUs from cin^v "'"''.' ''«^«'-'ers- cri- Mur to do the .ame duty a» regulaf t"^:" ' ""'' '" '""« "> UfPAOTMENT OF HIGHWAYS M=,V . ,1 partment, ,l,o one wl icl. ren, di:;, fhe mo '"nr""'" " i"' n.... "--'.enscne, o.K;r;,[:;^^ e " ;:f uie s:^l'r ^ save of ,t under the head of •' Roads and Br dee" "I » I -• de^ar'trenr"'"^ "'^""' '° •"""' ""' '"^ •»-- <>' "■ " ' .oTh^?erd''°of';rd\";iHm"enfTo^'''L^'""^^''P''''"''-' ...inclpa. di^trlct":^' Ihr^lr ite"/ a 'd^ to"''::„Tlhe t liabitants must address themselves vvh*.„ ,^"®"' **^e in. open roads or routes, to Il^e " b id'^s over r^.Z oTw J! ^vafer courses ; at their request he rin.ni^*«)7 7 ^^^ 4 a ciav appointed by lHn.,elf,rd\!::;;K ';re.'e7cl''o7.he ip'nrtii useful Koads llie pc this Pi of the nd b( ire rai Insf It lie Gr ichar{^< Busiste I V oyer loft he Jrials, f furnisl f nance ] they c( I Commi I each I I two y« 1 plans I I or ait« ; to be h \ of whit ^ the Di! ^ The to colU the Fr absent, The to cxe{ JuR\ to exec roads a Itead p] house, to resid head pi densom econom risk of I to defend his ^tect his wife eg. ig the various commissioned e the militia I however ore I. Jjors, brevet- quQrter-mas' missioned by ns and drum- lave more 1h- Bn, and they war, that it at expedition rom one end se the whole eir superiors Jisobedience wliensome- ind to have tain of their fford Qissi^u- ierters, cri- i far as the d in time of niilitia de- ficers is the mposeht he e account I ges," I will ::ers of this appointed ^ys, in the om the in- y want to rsor large 3 place oil Jnceofthe 9\ •nrties after having heard them and examined the hitua- |ion, he should trace the Road aslied for, if he judges it UHeful, give orders for the work that is to be done to the llouds, Bridges, or Swamps, and name his Process Verbal Iho persons who shall be bound to make and rrpuir them ; this Proces Verbal is Uid before the Justices of the Peace of the District at the Quarter Sessions, to be homologated jDnd being homologated it becomes binding to all those who pLve mentioned in the same. Inspectors of Roads.— These Officers are appointed by he Grand Voyers in their respective Districts, and are harged with the execution of the road laws, they are Bsisted in the execution of their duties by the Sous oyers, whom the inhabitants choose at a public meetin<»- jof the Parish. They make the assessments for the mate*^ rials, day's labour and monies that each individual shall furnish for the completion of the works and the mainte- nance of them, as well as for rectifying them afterwards, I they collect and employ the said materials, &c. 6>:c. &c, I Commissioners for roads, are officers lately appointed in leach Parish to exercise the dvities of Grand Voyers during I two years. They can employ a Surveyor to make the i plans and Proces Verbal of roads, and bridges to be made lor altered, they cause the said plans and Proces Verbal I to be homologated before the Magistrates of the County, f of which copies must.be transmitted to the Grand Voyer of I the District. ^ I They are authorised to tax the expenses and costs and I to collect the amount by seizure and sale as well against I the Proprietors residing there as against those who are f absent. The two inspectors and sous voyers, are as much bound to execute their orders, as those of the grand voyers. Jurymen.— The inhabitants can be called upon not only to execute the duties of Commissioners, of Inspectors of roads and of Sous Voyers, but also those of Jurymen in the - head places of their District, that is to say,* from their house, which is sometimes at a considerable distance, and to reside each time during nine consecutive days in the head place at their personal expense which is very bur- densomefor most of them and very prejudicial to rural economy, but they cannot avoid it without incurring the risk of being fined and even imprisoned. 88 Such is the totality of the public nnd burdeniom* duties fo which the iDhahitnnts, Proprietors are bound on Re- count of their lands. It ia oIho useful to explitin who are the other otficers whose orders must be obeyed, such as JuooEs or THE KrNG*8 Bevcr. — Tbese Judges ore com- missioned in the King'ii name to administer to the in- hobitonts justice in tlieir respective Districts, they generally reside at the head places. The public owe them those civilities and respect that ore attached to their high station. It is before their tribunals that are brought all civil and criminal suits, they give orders for the insinu- ations, receive the meetings of relations, nnd close the inven'ories; they are bound to hold Circuit Courts in the Country, at certain times of the year, to distribute jnilir.** and prevent the displacing of the inhabilanls, which is always injurious to the state. CoMMissioNBBs FOH SMALL SuiTB, — Sioce Q. fow years it has been deemed necessary to establish Commisbioners in the most populous parts of the Province to hear and deter- mine in a summary way, all personal actions and suits, of small amounts, relating to moveable property. Justices op the Peace.— These gentlemen are op- pointed by the King to maintain the peace ; they receive all complaints against those who trouble it, inak» them give security to keep it, and if they have broken it compel them to appear nt the General (^uorter Sessions of the Peace at the head place of their District ; they are spe- cially bound to arrest persons accused of grievioiia offen- ces, and to have them conducted, to the Common Gaol of the District, where they are detained until judged by a competent authority. Bailiffs are chargid with the execulion of the orders of tbe civiljudges, nnd the Constables a^ h >-ged with the execution of the Justices of the Peace AT •■■■'■. "rimina'i. Such are the persons charged witl. the atsminislration of Justice in the country, to whom must be added the Clerks, of whom some are appointed to the civil and others to criminal justice, in each of the Superior Dis- iv'i^'i^., and to whom we must apply when we have re- sovrre tc justice either to get summonses, subpoenas, to cuU meoti close invei of ancient ' of the mini pect've Dii Besides the execi assistance such as tl Lawtef are desiroi gentlemen nmlter iu < justice is i by the Kn more obsc suits be nc thread of i NOTAHI cers appo individual agreemen inventorie havethest or to be ei The Nota they pass them whe their stu( where the trict is th€ 23 caU meotingt of relationr, to efTeci insinuationii, or to- clone inventories, &c. &c. &c. and aUo to procure copies of ancient Title Deedi), as t hey are likewise the guardians of the minutes of the Notaries, who have died in their res- pective Districts. Besides these persons who are necessarily attached to the execution of Justice* there are others with the assistance of whooa it is almost impossible to dispense, such as the Lawtbrs and Attornevf. — If persons who are at Law are desirous of gaining their suits they must employ these gentlemen to conduct them property, .which is a difficult n»alter iu the present state of things, where the road to justice is more difficult thau formerly ; being obstructed by the English forms it has become more intricate and more obscure, and blunders are often committed if the suits be not conducted by them, for they alone hold the thread of this labjrinth. Notaries.— There are in all parts of the Province offi- cers appointed to commit to writing the acts between individuals, of which the principal ones are the acts of agreement, marriage contracts, donations, testaments, inventories, sales, obligations, &c. &c. &c. it is prudent to have these acts passed before Notaries to avoid law^ suits or to be enabled to gain them in case of contestation.— The Notaries are obliged to keep minutes of all the deeds they pass, that the interested parties may get copies of them when required. At the deaths of the said Notaries their studies are deposited in the records of the District where they have died, after which the Clerk of the Dis- trict is the person oulhorised to grant copies thereof. TUB END. • < •••• . /, • • • • • • • • • • e • ••• • * • • .. • • • • • • • • t •• • * • • •• • • •' • •