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T, /■ — HIS APPEAL originates in an Action of Revendication or De- timie brought by the Appellant in the Court of King's Bench at Montreal, against the Respondent, for the recovery of two thousand Masts, two thousand Yards, two thousand Spars, two thousand logs, all of Pine Timber, and two thousand Pieces of sqyare Pine timber, and two thousand logs of Oak tii ler, and two thousand pieces of square Oak timber, alledged to belong to the Appellant, and to be in the possession of the Respondent, with dt aages. To this Action the Respondent pleaded 1st. Non detinet. 2d. That on the sixth day of April, o'.; thousand seven hundred, and thirty three, Lewis t^e 15th. King of France then lawful Sovereign of Canada, by the Marquis de Dej^^harnois, Governor and Lieut. General in Canada, and Giles Hocquart, Intcndaut of Justice &c. by Deed of Concession made on that day, did give, grant, and co<|cedc to Chaussegros De Lery, his heirs and assigns, a certain Tract of Land, of two leagues in front along the River Chambly, by three leagues in depth, bounded &c. to have and to hold the said land and pre- mises to the said Chaussegros De Lery,his heirs, and assigns for ever, by and under the title of a Fief and Seigniory, '• a tUre de Fief et Seigneurie, haute, moi/cnne, ethasac Justice," subject to fealty and honiag(! &c. reserving, never- theless, to his most christian Majesty, from and out of the said gift, grant and concession, all oak timer trees on the said land and premises fit to be used in the building of vessels for the royal navy (a la charge de conservtret faire eon- server par ses tdnancirrs les bois de chine propres pour la construction des vats seaux du roi,) and under and upon other the reservations, terms and conditions in the said deed of concession contained. That the said Chaussegros De Lery, by v^irtue of the said deed of concession, afterwards, on (he day and vear aforesaid, entered upon, and became possessed of the said land and premises, and thereof became and was the true and lawful proprietor, subject, nevertheless, to the re- servations, and upon the terms and ccjuditions in the said deed contiiined, and the knd and premises have since; continued, and now are in the possession of a^ person or persons, whose ri"hts and title thereto have been, and are de- rived from and under the said deed of concession.— That, afterwards, on the tweniy second day of March, o|ie thousiuid, seven hundred and forty three, ^is said most christian majesty, by and through his said governor and lieute- l^ant general, and intciidant, by a deed of concession made on tliat day, did' pve, grant and concede to Daniel Lionard De Beaujoii, his heirs and assigns, a "^^l tract or parcel of land of two leagu-s in front by three leagues in depth, begming ' at the boundary of the seigniory of Chaussegros De Lery, on the side thereof ' neareat to lake Champlain, comprising the river called "a la Colle" bounded ^c, to have aiid to hold the said hist mentioned tract of land and "••om.isos to the said Daniel Lignard de Beaujeu, his heirs and assigns for c\er, by and under tlie title qf a fief and seigniory, " a titre dc fief et seigneurie, haute, " maympp et bas9.e Justice/' subject, to feajty and homage, reserving, neverthe- less, to Tiis said most clirisiian majesty, out of and from the said gift, jjrant and concession, all oak timber trees, on the said premises, li to be used in the build- ing of vessels for the royal navy, (" a la charge de conservcr ct faire couserver " far scs tenunciers Ics bois de chcneproprcs pour la cottstruction des vaisscauv " du roi,"J and under and upon other the terms and conditions in the said deed of concession mentioned and contained. That the said IJaniel Lionard De Boaujeu, by virtue of the said deed of concession, afterwards, on the day and year last aforesaid, entered upon and became possessed of the said last mentioned tract of land and premises, and thereof by virtue of the said deed of concession became, and was the true and lawful pro- prietor, subject to the reservations, and upon the terms and conditions in the said deed of* concession contained, and the said tract of land and premises have since continued, and now are in the possession of a person or persons whose right and title thereto have been and are derived from and under the said deed of concession. — That afterwards, on the eighth t)f July, one thousand, seven hundred and forty three, his said most christian majesty then lawful so- vereign of Canada, l)y and through his said governor and lieutenant general and intcndant, by a deed of concession made on that day, did give, grant and concede to Chavoy de Noyan, his heirs and assigns, a certain tract or parcel of land of two leagues in front, along the river Chambly, by three leagues in depth bounded &c. To have and to hold the said last mentioned tract of land &c. to the said Chavoy de Noyan, his heirs and assigns for ever, by and under the title of a fief and seigniory, " a litre dc fief el %eigneurie, haute, moyennc 't basse "justice/' subject to fealty and homage, reserving, nevertheless, to iiis said most christian majesty, out of and from the said gift, grant and concession, ail oak timber trees on the said last mentioned premises, fit to be used in the build- ing of vessels for tlie royal navy, ("a la charge de cotiserviv ct faire constrver " par sc.s teuaiicitrs les bois de ch^ne propres pour la construction des vaisseaux " du roi.") and upon other the reservations, terms and conditions in the said deed of concession contained. That the said Chavoy de Noyan by virtue of the said deed of concession, afterwards, on the day and yoar last aforesaid, en- tered upon and became possessed of the said premise.- therein and thereby given and thereof by virtue of the said deed of concession became and w as the true and lawful proprietor, subject, nevertheless, to tlie reseivations and upon the terms and conditions in the said deed of concession, contained, which said last mentioned premises have since continued and now are in the possession of a person or persons, wliose right and title thereto have been and are derived from and under the .said deed of concession. — That by tlie conquest of Canada afterwards made by the arms of our Sovereign Lord the now King, and under and by virtue of ihc treaty of peace made between our said Lord the n(^ King and his said most Cluistian Majesty, on the 10th February, one thousafnd seven hundred and sixty three, our said Lord the now King having becomt^'imd being vested with all and every the rights of Sovereignty, property and posses- sion, and all other the rights which his said Cliristinn Majesty, before and' at the time and times aforesaid, had upon, over and i' I'spect of the said country called Canada, and the lands, places and inhabitauons therein, and more par- ticularly with all atid every the rights which under and by virtue of the reser- '^ vations, clauses, matters and things in the said several deeds of concession be- longed to his said most Christian Msje.>^ty, or to whifh his said most Christiaa Majesty, by reason thereof was in any wise entitled, afterwards, on the !i(l. Oc« tober 1807, by his royal licence directed to Sir John Wcntworth, baronet, sur- veyor general &c. did giv(; leave, licence, and jiermission to Christopher Idle, John Idle, George Idle, Thomas Coates and William Haynes of the Strand &c. merchants, trading under the name or firm of Scott, Idles & Co. by the name and description of Messrs. Scott, Idles & Co. tlieir agents and workmen, to travel into and search his Majesty's woods in his Majesty's provinces of Up- per and Lower-Canada, where the property in any woods or trees and the right of cutting them were reserved to his Majesty, and there fell and cut so many goods and sound trees as might answer the number and dimensicms, mentioned in a certain contract entered into by the principal officers <»f His Majesty's navy with the said Christopher Idle, John Idle, George Idle, Thomas Coates and William Haynes in his Majesty's said royal licence and warrant mentionod and referred to and to carry the said trees throuo'h his Myiestv's said woods to the w atcr side, in order to the tran.sporting and carrying them into his Maiesiy's stores without incurring any penalty or forfeiture by reason Jhereof.— That his Majesty's provinces of Upper and Lower-Canada in the said royal ntioncd do respectively make part and parcel of the coiih- ?atiada, in the said deeds of concession montinncd, snd that \ / licence or warrant menti try heretofore, called Cii the lands and pr-niises, thereby f^Hven, jyrantcd and conceded are situated in that part of the province of Lower Canada known and distinguished by the name, of the district of Montreal. — That by virtue of the said royal licence and warrant, the said Alex. Phelps as the workman and servant of the said Christopher Idle, John Idle, George Idle, Thomas Coates, and William Haynes, and by their com- mand before the 13th of March, one thousand, eight hundred and nine, in the declaration mentioned, did enter upon the lands and premises in and by the afore- said deeds of concession, given, granted, and conceded, and by virtue of the said reservations and conditions, and of th'- said royal licence or warrant did there fell and cut, two hundred and ninety three oak timber trees, being oak timber trees fit to be used in the building of vessels, fr, • the royal navy, and being trees wherein the property was reserved to our Lord the King, and being good and sound trees answering the dimensions, and to answer the number mentioned ia the said contract in the said royal licence or warrant referred to, for and towards the fulfillment of the said contract, to be transported and conveyed into his Ma- jesty's stores, as in the said royal licence or warrant is mentioned. — That the said two hundred and ninety three oak timber trees so felled and cut as afore- said from the time of telling and cutting the same up to the time of the seizure under the writ of attachment in the said cause issued constantly remained and were in custody of the said Alexander Phelps, as workman and servant as afore- said, and are part of the tindier unjustly demanded by the said Napier Chris- tie Burton. — That by reason of the premises, the said two hundred and ninety three oak timber trees &c. before and at the time of suing out the writ of at- tachment in the said cause were and have since continued, and now are the proper goods and chattels of our said Lord the King, and at the time and times aforesaid were in the lawful posses.sion of the said A. Phelps as workman and servant as aforesaid, for the use of the King and for the interest and purposes ia the said licence or warrant mentioned. — The 3d. plea alledges that the King on 2d. October 1807 was seized as owner and proprietor, and was lawfully en- titled to all and singular the oak timber trees fit to be used in the building of ves- sels for the royal navy which were then standing, growing and being upon a fief and seigniory called tbe seigniory ofUe Le;y situated &c.— and in and upon the domain withm the same, and also in and upon a certain other fief and seigniory called the seigniory of La-Colo, situated &c., and in and upon the domaine led by the ADnpil-nfP- ?"'. ^'«" '"st'tuted-Reason, nf •aid Respondent Alex. Pheh, LhT i > '" "'^''^^ ''« ailcdges that r^TT.u^ -ere inl^fficient and"„Sded In U>^"t^^^^^^ tf rsardX', b 1 1' rendered contrary to hw. '''''' ^"^ ^^^^^ ^^e said Judgment hath been lo these reasons a General A „....-_ .. , . _ Cause itands for hearing. """ *"•="" *« ^ea tyied, and in this state thu QvEOBc, Nov. ^816. > Ipg did not cut 'Idle, George 'eas, that »he ; of or intided in the said last eipniories, and Appellant did dduced parole tjon, but did tJ'e land upon ander Phelps George Idle, fading under sd in the «aid said cause, "•d plea, and be delivered s'ie Burton, John Idle, '1 the said on. . and on the iterlocutory ^twen the y interested Df the De- p'ay to Hig on behalf er next." •terventioa ed against laid Alex. » in which the truth, irt belorf', udgn? ;nt. the pro- ien-d and P''ainti;f; Ave pine eighteen ut down ioncd in the writ Jfault of •ine tini- paj fiie Jated by nd it is "tift; 80 several ed, and lea, the ) Jons of of the below h been (ethe i