'Jl
- a 101 (?) I MO 10 vat j II «io Tit
10..SS-JI
t..7a
■ lr]|> in <7 Id IIMlO IIIBIi «>
t iKiai - - ti-** • IH fi.%7 1 una I 7
TH IS I »! 110 9 111 i - . oxr
tmm (>>
7.4«] 19 0>all,|47 • 01
"4 10 1-m ' ii-os , n
)IX TO REPORT ON THE AFFAIRS OF
(Fa.)
(a.)— In Till Dmtkict uf Qi'iiic.
U N C
UTHKR
'
TK
ixriNiu.
NKTr RKi:llPTI.
DKai'RIPTIUN.
ciKoaa RKOKii-Ta.
Vurlr
Kimf
RM YM1I7
rmwli
I'aiailtlii.
uar«.
roff At*nlt. Ac.
roflka
III Vtin.
Ai>»(«
—
ABniin.
Rau
Yrwlr
P"
Arpanl.
Charftcitr of tftth
Propcnf.
BaUfll
In
lll|IUI«
Arptnta.
No.
of
lluldtn.
Pot Ih.
an Y.an.
A*tra<*
AlBum.
ri'iiM
•II V>in.
I'fhtaff*
nn
«•■
ClfH.
Fill Ik*
Hii Vtan.
I'.r
t'tlllSf*
ml
Hi>-
. 4.
MM
I'OI
»«7
4. >. *.
1 1 'fOI
. r ru
. • I'M
. 14 %n
. -au
. 4 1 It
A •. 4.
Ill 4 111
•7 ID (71
M IS iin
lis 7 IK
- II »»4
II l> Tin
v..tir.
Iran
iia*
man
II an
III 1
ii-au
X. •. 4.
W 1 IIS
79 4 »7>
n II 4
M 11 «
- I« •
IS 19 Hi
v..cir.
10
10
10
10
10
1*
744 14 tr 9
sM a »«'
in 9 I'll
7:1 11 10 M
a a 111
lu 1 looa
«. 1. 4.
IM 1 a4a
la a MM
• II l-SS
IM IS 7n
1 1 O'tl
>o i< II n
«... 4.
- - ai7
- - 0117
. . UMl
■ -n»
. -»0«»
r«ii <'„.,. .
IliiiliBiii
0-441
- 11 .VII
• 1 1 76
m 4 in-u
17 14 »W
ll«»3
iiau)
JM U 7 78
a II s
10
«.ai II ac7
lu la a 49
171 19 »44
a> 9 I'M
- . 1 3.W
- - IJH7
l.t*!*.!
Ik. Mill. . .
Ilir.* I'.rmt. t.oof
iK.ni uil.l .n mCH
•liiiii, *iid i>n.
.M...l.i> -
Nolil .11 r'lfutjlul. htii'ln
l>.>ni.iii 1.411.1
■ rani.'l
1 .,.ir 1 hiircli..
InJisiu -
In .11 . . . .
1
(?) 4 isn 10 -
490 9 1M3 11 <
300 4 1 1,010 1 .
tlir two I'trnia .bo...
I9J 9 430 111 S»
14 4
I.W0 (?)
i» n •
171 X 9
IM « 10
71 If. IM
l'4ll
- 10 .^
KO 19 rSD
iioia
m 14 »79
10
7.117 9 air,
409 II l \l Itf 10 171
. O-Wl
. o-w
(?) I II 9 a«a
Olla - 1 9 W> 41 II 1019
II «a IH a 7 79 ;
lis S 9 1.11 M ai(KH --01W
I I
it'i 9 IS! a II a.ii - - U-J19
iikmI a« II 179 m \ »<7 11 i 9 17
1,197 II II 'i;6 h 3«3
I I - - U C
lit 16 I 36 1 967
ISO . -
au - .
w 1 - i
>9 .
1» -
I 7
Ollli
l>»19|
(?) 110 IS lull 11 SI3 91 19 10
(?) i 17 19 10-99 ii'oea I 10 la a
10 711 s 039 la II 107 .
10 i aio a aoi j 91 1 1
■ a'H9
»4ai . a oaoa isa 11 91,1 iio^o 13.^11 1 1 10 ;i,o«i 14 a4o in 1 I'OI — 0377
Lc.»^il
.'. .\l,;l. .
I l.iiii ■
a 1,'rn,.. .
L..«.
i-ltru-rv..
S.,1,1 PI) r.int'11,,1 -
(l fur 1 ( hurth
>.,
3«l
!'>
(?)
19#40
(?)
9
9
I
a
•i"
(?)
I,!>9I II II , ll.'t 9 393
49 7 9
4 I .
n« 19 4
110 . .
9 17
- 13 <
39 9 9'e7
19 • ■
..1,'/,1,
iJi') a..r.i ii
(r.V^I.N V)i«iiiir iiF MiiNTiiKAi..
, I :(tt; U) \% IIMJ3 -Jill fi iJ'jA n, i.Xm y ii l^ 3s«; ii ii v;
- ll'«i«(l; •!« ftS7 II'M! Ill «1S1 10 99 IS «ii« 'J l'.l 3I'.:
(i yi 1 1 (j!,3 .1(13 19 9 .^
lu ,'ijwi .s 7 ym\ II J 31 - - I I'ji*;
Ix TiiK TiiHEE Districts.
17a - 11 911 I »aa i lo-js ' ii ma ■?« h tts i io vni ii -lai ' 371 >■• n 11
IX',19 t?) I IM If, 10^11 llijii,! '•( ).\ 10 < 10 Tl'i f, n:v> l.'J II 11,7
'i lot (?) I 316 10 t^as [ iiii'ja rw. c, uits lu 'ij-jo >j u n 3w; 11 ii-k;
- I-,!
- I i^M
1 1 fiU3 (.7(1 'i
11) V'/:m 11) 111 wi
tu 3 IT'I 'i7 14 '>')*i 111^13 73 11 9
tl-^l. k7) 17 1(1 IDUO 111193 . 10 |i« 3
Uiril - . Il-oa* H la t; '.7 I II tM 7 11 aiS ;
149 IS 3 19
310 N t;(ll
!« 19 H-fiH
Id 10 txt ll«a. 71 9 119 III i 9119 19 nil
74* 7 la
10 i9,Aao 9 sa
30 19 ISA
93 H I
9 19 lis ,
94 a 7 03 I- - 0311
97a U II 10
I.^aM-.l .
iteil, 1)1 of 411.-I-T .
1.97a 10 - 199 II 4
MiiliS ,. - I WO
\ I'hrr. Hiv.n . I 19.99
1. .Moiitrral ■ . (?!
I.Ml 11 6 ir3 H <1 ,
I 1.991 II II 1 3'iS 5 3'<3l
( i.aos 17 1" I J"i I'J II or;
ll,rro.iiii'.o( L CI «0»J(?)| II Lwa 1 3 I *«l 17 9
' I '
.,1 wlti.h N>-r,- tol.l
I. Ihrt. I(^>.i» • 360
M'r.„.ii.» 1I I. ('
m 6 10
s I ;
i;'i 11 i
3 I 11-
a:«i hi' 3it M St,-:
.SoU rn . iiaililul !
nom.iii. Dl. at ijui'..
llMitlniK.mil (.liuvp) 111 III i.f (juil-tA-. anj
IS'J 9 j 130 IK .^ 71 U', 191
(ii.ntol , for
Cliur, I,,-* ■
I. IM. of(4iitl,n' -
I. . TbrvoKivrr.
.V Proline, of L. r
liiiti.ii. ( ') : I
1)1. ,'f yiu'lHT - ■ l.(3()0
■K9;(4.
i) ' 9.fi.Ml IH Ii \ \iW 19 9
-4
nUITl!*ll NOUril AMI.IilCA.
fll
l«'. 2 )
• •
■
" "
•
• •
■ •
•
• •
• •
. (a.
t—lv THR
DitTRI
T or
Ql'IRRC.
MI10ILI.«NII)I<(.
TOTAL.
txrc
uAn.
NIM.
,
H«rr RKCIIPTO
1 1
Qraa
R«r«(|rtt fill
Ik* Kit
YMn.
CXPKNIU.
Ralumar
Mli^lUaMu
titfnm.
DMnlpilMi.
DRUM RRCRirn.
RxruNau.
NRTT RRC'tlfTt.
r>- .ijfM. •&
Ton.
|W« AOMMk
RiuYMilr
1 0««l
Iturit* Ml
RM-«ir4ifof
d.llo
AaM'iiii4
•UMrrharfii
(<"
»4p4«MtlMl)
ht«iu
Nuifili#t
An nti,
ll>.|i.'...rr
Kumbn
ruila.
r«>ii.aii *••"••
V.«.. l«*"«o
RaM Ynilr
I"'
A>TM.
!«>•
rof Aim, kt.
Toul
!•»
on
MwtliKi
fMllMlU
Y»4rt
Avvriff*
prr Amiiuiii.
Hil« Y>ul7
rMltodi
Ml
rnllaau
Yt«>
CvHUg*
on
RM'*t|iU.
rwilwaii
Vwn
i>nai(v
'<■
ft
Alimatnl
Ai|»al.
m: It •«!
V««rt..
Il«>i
4. . *
wn > •
m 1 1»
Yaailj
10
«4«
« • d.
urn » 1147
117 1 II l<
•■ 1 »M
11 1 7«
4 • w.
(»)
• 4 1 9.S
« •. <
4. > <.
4. •. '.
Tl It lot
t. 1. 4.
n It lot
I0J04
n
4JI1 k 1
4 • 4
7at It It
4. •. 4
- 1 4n
4 . 4.
urn t til
Yntli.
iiiai
4. • '
Ul) It 7 It
VlMlr.
Itl
Yutlr.
at'Tvi
4 • 4
a,ia« V IIM
4 1 4.
til 1 lit
4. f 4.
- 1 on
tl < 1«
ii7 1 - 1 M>
11 II 1
1 » 4.M
.«-.
IK It a M
40.ra I 4«
I.W IS «»
HI 1 lO-lT
- - i«n
lar a iiat
ll-OM
tM 17 7
mi
44'tOI
Ml 10 rta
itt t in
- -OOlt
UllKM
IK 1 1 B
nan
iim
101 . »l
Ul l« •
10
IS
n* !• i»B
I4t ■ *-«4
111 It V7I
V It OM
- • !> I'i
. 1 7M
1 - -
H > •
- 4 411
4 > 1 01
40 1 It
41 1 lot
M » ;)
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IM 11 »
• a loM
tM 19 m
IM » 7«
»i,in
liKtitm.
t^WI 11 II
1,411 1* »M
. -*•
1.001 7 l-t7
"**
l,I«B 11 t '»
niii
14 «■
t«l1 It 190
m a s-w
- - 1 411
III < 1 « ii-a*
101 - »>
10
no 10 i»t7
111 l« S7I - • >M
10 ; M*
not
urn
W 1 II ■•
11 1 7M
- 4 IM
AN < in
iioa
IJ7> 19 II
till S.IU 17 170
S71 l» 7 «»
(')
(A.)— In DisTiurT of Tiirrr Rivem.
^ t!>
tm
1
1 1 <» 31 S
7
CI 4
10 <
tM
1
1 I*
1
isn -
- 1 117
4 % -
- 9 iin
I
a II ot
7a II II 77
«i,6aa
9711
l,MI 19 ■
4K 10 10
- - 1 411
399 11 Itl
1 OU
1.191 ■ a
,wu
at-in
970 a 11 49
161 14 t9l
. . out
IM 14
'•ffo
una imk ii
1
« 4
ia»
_
3 7 IK
- 9
..«
ii«i
- t
1
10
I 1
%!■■
- Ill
1. «i
, '1
a 7
Ot7
li«ii
la 4
lit
11
161 1
1 IR
17 4
316
ifi
17 Ifl
im
ii«a
11 .
.
10
117 9
tu
19 II
(41
- OKI
lie - -
II II 796
149 1 1
137 It 1196
7t.71ll
tl«
UI7 7 It
III II l-lt
- . MM
Itt . la
ll-OM
lao II at
417*4
ti4a7
ail 14 on
101 3 tig
. . 0134
76 ••
til
ll«M
147 t
1 t
WM
tM t
f. 17
71 II
>W
i
7 3W
1 7
0«7
illM
1 7
au
IIMU
It 7
Ita
a 11
a«i
■at 4
r
S«l
11 .«
7
a74
in «.
S»
1 II
I'll
-mi:
- 9
.^♦^^
iix\
- 10
OWi
K II
l>*4
iiom
10 II
H
IMll
171 II
tw
B l>
497
IM
17 10
>«
ii«ta
15 -
10
117 9
Itl
19 II
t4l
- OKI
n 11
911
ii«Ea \.xis 1
»
U>tI7
«37 1
»■«
199 16
1141 ' -
- 1 JM
(f.)— 1.1 DlSTBKT OK Mii>TRKtL.
311 II 7It II
Its it 97t II
1.171 9 in 313 I 6»3
119 t a 119 a 6 t«,4l] I 'I l,i<49 II I3.^ «W t It4
10171 lIKt ^,111 a 6 73
I.M THE TlIBF.l: DlMHKTi.
117 11 1-91 lim ; 397 7 ■
U3> 9
IM 1 614
In riiMmi ofQu^hM: !
t> 11 9 I 6 I iota IMI9tt 33aB7(>>
la - 7 57 11093' 7*4 I 1 9t i JS04
ZA I o 1 % I 61 37
an 13 7U I 11491 > l^^ it 97'. 1 It
! !
fi37 II 7 1* NJ 1* ; w
1,373 9 4-9 ' 313 I 6 «3
Kl 17 3 91 j 1 1 691 j 3JUi It 3 t i 47-Mlt
IM7 I ».1< I 131 II I .W
12) 17 '.*.■.
II fm im - o^ lo
ii«ia u .% 7 «7I
HI t 7 t 1:67^
9 t« IIIK.
37 II 0f>l : II 693 I 30 11 9 S
i; ID 9« II •:
IK 7 9 It , W IT II M - 1 (I'il
790 1« 10I7 13116 i71 -I9I6.>
10 a tW I 14 4 90 .. I 117
■ II 1)1
(>i
HOI t 3 65 in IQ lOOl
13911 I 174 13 t".'
117 9 It) 19 II 6 11
ludwT UiU uQri^krr.b^H. in Du of Tl,r»* It.'*™ an,! MuTilrtsl.
30 1 fii)!; 11691 :» I 981 44 » 117 I lilt 11 I T t>l
In hitirrl III ThrT« Hi<*n.
IKI t .. It 4 7 11
In Diitnrt of Muntrval :
Ul 16 4 t ; lit It 1171
i
119 I C ! 119 < I,
Total in Lomn TmimU ,
Itl I* I 31 7 til I,(Ba 4 4
I. Itt 10 H'A, 11603 3.976 17 t Tt 10117 J.til 10 4 19; 935 II »69
nT4 II UNI
93.li3
IM,IB<
.V..U3
393,9M|
17M> It 175
tj*7 It II
tjm 6 1 5
4M9 11 S It
t,M7 It 0-63
1,411 19 on
«4< II OSt
ao« t it4
1«
1074
1416
1,000 7 1 17
Itl II I 74
167 I 917
. 1 1,17 UM • t^ta
IMR It tn 13.91
IMI lilt
1IW3 940 a 6 'it
47 tM
19."7I
Mooa
19191
lint
lion 4,761 9 3 1741 M-ira
1,011 IH 390
IMt 1 996
US 6 6 71
10,U9 « 7 at
107 a »«t
361 10 11 U
.%tt II 1 13
1,7.10 II I 111
3415
043«
3361
1414
3<'.5'
L 3
r—
»
i
1
84
•
APPENDIX TO REPORT ON THE AFFAIRS OF
'
(F. a.)
(a,)— In District or Qvebec.
NAMK
of
SEIGNIORY.
I siii«nr
• StOibrU
3. Notra Dun* <1m Aii(a
DESCRIPTION OF PRODUCTIVE PBOPERTIES
IN QU EBEC.
NAME.
C< miomi OM
Covfi, 4 ....
Duauin, put mM rn mnaiiliit
CooMtrioM: Old
Nm
uub, a
t. BeUir
ft. bk lu Rniiz
roui in Dulrkt of Quebee
ConeoHoiu; Ohl
New
Firm : 3 wlil rn routitut
I lod K mewluw, kiucd
MUla, 3 ...
Coiicaiiani: Old
t» New
Concmiaiu: OM
CoDccsilolu; Old
I. New
Old ud N(w
OoTC^ 4 ...
Domain Und, uld en eowtitut
irdk 6 - .
F>nn% 3, and 1 meadow
Utienl in
Ar|imta,
9.400
(?)
0,&0I
JU,400
13,000
870
38,870
11,&43
3,700
300(?)
a&,773
9,1 ei7
4,7I&
Nuinljvr
of
lluldert.
7;
9
90
3S7
94
3
239
47
130
71
13,003
33S
05,874
21,415
87,289
(?)
152
300(?)
88,101
301
764
212
076
998
HouiTcaof n«reniM.
rC«iuetRralM
), LixU It Vralea
ItenUl ...
/ Intemt u nmtlitul - •!
1^ LimIk eC VentM - - - /
/r»mrt Renin
t L(m1« rt Vente«
I CVm et Kentei
I Lodi et Vcntei
ItenUl . - . ■
rCeni et Renlei
ILudaet Venin
I C'enn et Rente*
l.l.odiet Vente*
InU'r^l d cooatilut
Kriilal -
llcntal -
fCent el Henlei
\ LcmIi et Vettles
rCeni et Renlee
\ Ltida et Veiitei
/Cene et Renin
|,Loil>et Venlet
rCen> et Rrnlee
I LihIi et VrntM
/ Ceiw et Rente!
l^ Lod> et Ventee
JCentet Rente*
(^ Lodi et Vente*
Actual Groi*
FotllM
Wa Yean.
t. < d.
140 12 25
810 8 7
2,973 10 -
4.10 18 65
4,3M u a
300 2 -'25
353 6 11 a
87 14 4
141 1-5
603 12 U
1,675 3 11-25
485 16 0'75
600 IS 2-25
6 2 --76
S 18 ll'A
1,010 I -
340 - -
2,354 17 -•84
1.18 14 1-5
21 - lU
149 14 ll'ft
1,164 5 2
1,686 1." 6-75
92 10 4-74
144 8 I
1.257 I 6 75
1,8.10 I 7-76
Rental
flnlereit i\ conxtilut
l^LwUet Venter
RenUl
Interrat and Rental -
3,973 10 -
430 13 5-5
1,043 13 6
1,010 I .
8,545 1, 3
3U3
9
6
33
2
4'3
3
10
1-6
■
"
"
30
13
6-9
.
^
-
-
-
■
■
■
194
lo.i;
liSO
IN
11 '1
15
9
47
24
'
4'1
2(J!I
10
.11
ana
-
3'3i
iX,
II
8
71
16
4-9:
17.1
19
»
]**
II
10
... ,
1,424
4
3 3.
fWt !W )W.! >» lM Wl nM a i
BRITISH NORTH AMERICA.
1
• • •
■ *
(I-. .1.)
(a.)— 1'* District or Qvtsir,
\i.
Filimifnl < ,r(in RMviptu
lti>UI flfti'll.
Armn :
T)l>-tr larn-OM- ur DimiliiitMin,
in ilw His Vflftn, un nek
Amwa,
Yiarly |K r r«n««(|«
un ArtUAl
Or-iM HM-ripti.
ll
Y«rir.
H»lr, Vurly,
pw Arptnl.
Vmly.
lUte, Vnrl|r,
pT ratlii-r Urn)
0<
3-228
(?)
9.)H1
(?)
.32'126
<> 084
(?)
64 79a
(?)
(?)
1
879 3 II '88
- - 1 738
(?) (?)
268 lA 4 - - 1-668
Lull t-t Ventt-t not im-luHtHi,
(?)
402 1 "6
I^mIn et Vcntrt
ma illt'hulefl.
t')
(?)
(?)
1
m 19 A -61
83 » 8-38
- 17 -la
- » OM
l«8 6 10
68 6 H
- - --908
- - -(ISO
- - - j»
- - -038
- 11 8 073?
- 6-778
71 3 --7.1
(?)
16 II I-2&
(?)
faoo - -
X 140 - -
134 10 .
- - -804
(?)
- - 1074
}l « »-(?)
- 14 ira:i.')
37 3 3-8
3 8 8
88 9 8-76
(?)
r4a7 10 -
t UNj - -
74 - -
42 18 4'26
(')
94 4 8-76
(ur rather low.)
(?)
} <'>
(?)
-1768
(?)
1U99 0H8
(?)
110143
21-438
4-311
(?)
(?)
(?)
(?)
(?)
■
3U8 9 ti'U4
- - 3-«88
(?)
663 4 8
l.«li
(?)
- - A •866
ft Vmiu-s Nit/ ini-
(?)
l.-i38 10 &26
llilr-l.
(?)
(?)
(?)
. 1
83 » 4'8»
a ID 167
- . -604
- - --091
27 7 II
(?)
18 0-26
(?)
- - -^lA
(?)
- --941
(?)
1 8 4
(?)
119 A lOA
(?)
28 13 4-8
(?)
90 abuut.
(?)
-■793
(?)
(?)
(?)
16071
(?)
(?)
n
8« 18 bifi
- - -459
(?)
46 17 8'?A
Lnl.
(?)
- - --791
Bt Ventc* Hilt inci
(?)
lao II 28
>d«i.
(?)
(?)
(?)
11
.
- - •
- 13 10-6
(?)
- - -496
(?)
4 3 4-6
4 3 3
1
(?)
- 13 10-6
Lull n Vmtei
(?)
- - --406
1 nol inrluduJ.
4 3 46
4 3 3
1
I
(?)
- - 8-809
•t V«tM M* imI
(?)
2,788 3 7-88
(?)
(?)
81-371
Lodxl
VcntMiMt
induded.
(?)
"la
M
5-4;'
3"J.
L4
< ^ %T ^,
\\
A.h
.T?»
^
.^
is-.
IMAGE EVALUATION
TEST TARGET (MT-3)
1.0 ^la la
Itt
ly
u
1^ 12.0
I.I
u
u
11:25 ||U 11.6
ISBBSSS^M Iffl^^^^H RR^^^^B
^ ^
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39 WIST MAIN STRHT
WIUTI».,N.Y. 14S80
(7l«)l7a-4S03
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APPENDIX To THE REPORT ON THE AFFAIRS OF
(F. 3.)
(i.)— Im Dktrict or TMmci Ritbm.
NAME
if
8BIONORY.
DESCRIPTION OF PROUUCTI. E PROPERTIES
IN DISTRICT OF THREE RIVERS.
t. CtpMh
TaldiaOiMiMlrfntw
NAME.
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rhnn.1 •
Milk4 •
Fvri«,S
MM W CMMtal
OM
Ntw
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Mims -
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Tift Rii rt •
Eiteat m
Sqiian
Aifnti.
41,078
tM6l
860
lit
(»)
(?)
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10,1801
M,000
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80i
(»)
78,1601
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IW)
(?)
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139,0741
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of
581
387
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1,471
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&
8
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Raul •
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I
(?)
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htcmt
Raul •
Actual Gnu
Fbr tkt
Six Ywi.
£. ,. i.
650 18 10
III 18 14
lOO 4 3
17 S 6
49 7 6
1497 II II
4 I -
SIS 16 4
8,557 14 -
135 11 5
49 19 86
139 9 11
48 8 3
150 - -
654
10 9 -
1,181 7 \i
1,116 3 3
130 19 IS
49 7 8
1,951 II II
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150
3,749 1 It
33 7 4
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•
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109 - -
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198 11 1'
(e.)->lM DitTKicT or Moktrial.
I. UPltfrit
ou
Ntw
Mai,i
56,400
(?)
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56,443
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b
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1,198 14 va
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35 12 10
1,809 17 10
1,849 11 3-U
277 8 8'
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301 11 11-
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BRITISH NORTH AMERICA.
«5
(F. ?.)
. . (h.) — In DitrmiCT ov THmBR Rivsmt.
tHi2Gn«
RcMipti from tub.
EMiMlid OrMi RMifto
ftomMth.
Aamn:
iatlii8ixY«noa««h.
Amwt:
YttriyptrCntap
oaAMu!
Oitit Btaiipti.
B B M A R K S.
I Ycm
Yeuly.
lUte, Y«rlr,
ptrAfpait.
Ywly.
lUifkYarir.
ftrArptBt.
At
lUptrttd.
AiibMm
A*
TUf««t4.
Atbgr
Bliinut,
fcc
I : i.
£. t. d.
£. t. d.
£. : d.
£. : d.
£. t. d.
£. ,. d.
50 18 10
108 9-67
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114 17 3
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5-014
11 \% It
18 la --as
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(?)
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133-376
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(?)
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(?)
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386 8 7
480 1 9-14
143-718
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(?)
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dudtd.
(?)
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187 IS 101
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407 19 1-14
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CO
31-314
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1,931 11 11
325 5 3-83
1 1 10-018
368 10 3
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bar tofi^ (?X in DiMrid af Thnt Bi*R«
Facga Raaarra, iaDiatficlofThnaBitwa
6«0?
M7I
rommmmm
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0)
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Intnaal and Ratals
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I 18 f5
430 IB Si
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1,061 II 11
1400 17 10
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BRITISH NORTH AMERICA.
•7
(F. 8.)
Ixr THB Thru DiRRieri.
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TMrlMNMivDiidnto,
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-78
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488 14 94
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(?)
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916 19 7
6-641
30*187
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(?)
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(?)
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(?)
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la a Mt «f 8
1,196 14 9-78
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M a
•
mm
p" ' m
8S
APPENDIX TO REPORT ON THE AFFAIRS OF
(O. 1.)
Craeacteb, Locality Extiiit mm! DiatOMTiox orthtPsopiKTittnot
(a.)— Ik xrb Dhtbict
NAMI.
1. U VMhifi* •
9f sW Tmm«
afiglMllrhU.
. Originllr Ml ky Ik* jMriMk
I NNit. «lM !(%■• dMiia.
SITUATION.
>. Umit i* Ctf (f QMtet
Ltana
4. Lu4MTi
SiBt tam a L* Vichim
• • IfaU bf jMili, •>>«•«•• • laniM ia Ihi mwil
Mm, ::wt f t iii h n 140 *^/mn
•ipal, b oOU ID "Amfn
• - Onatid «s JmUh far
or kn.
il»-«8
(?)
I, Load ia City of Montraal
• • Held by Jcauila an rotur^ of
iLo Soniaary Vif Moalrtol.
• - In tlo heart of the city; but iu pteoia
limita a ti&ttor of conCruveiay. With the cz-
oeptioa of thm hooa lola, it ia all occupied (or
Court Hooa aad Gaol, aeeordiag to Ifr. Slawul.
Aeeordiag to Mr. Klmber, the gorvaaaat
gaidea ia a port of it.
ToTAl. of Sana Pnpaitia ia Pioriaa of Lower Ciaada i
4 ia Dialriet of Qoeba
9 „ Thra Rirara
I Moatral -
7 ia Prorian
(«.)— In THE DllTRICT
9-68
1,158(7)
755-08
S<«8
3,017
(?)
(?) I
three huun Iu!<. I
1-MO
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(?)
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BRITISH NORTH AMERICA.
«9
(O. 1.)
cMitiUitiag Sbivkiorim, which fonn part of the Juuin' Eitatu.
of QVBBU.
Tunxtatm
«« Cl»llllllM,
is
twd
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is
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IS 58 1 Tk.—
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SMWNMtkMlbOf*.
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80
631-08
orloK
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Uamdaelin:
OccupM tad eUnwd bjr TniitaM «f oenmao, 36.
Omipied u Pratolut Epiaoml chaTch ud pw-
«H.,tlM0lddl«Kbllldh0Ut0f tlMiwutiL (?)
38, ud DON •••••••
«
Tho ptMut Imun oflbia property, ao
M««lla*flflbopne(diac,i*« Sagncurir;
and Loda el VentM ara cnUccltd and
pland to lb* acMial of tba cauta*.
•
TltDS
(?)
8
or MONTBK.
• - •
At.
(?)
thmliMMloli.
UnprodttdiTt :
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• ■ *
«.140
711.08 (7)
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90
APPENDIX TO REPORT ON THE AFFAIRS OF
(O. a.)
<^.)-I«
TUB DUTBICT
OONCBHtlONt
>
DItOKirTION.
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JESUITS' ESTATES.
REPORT of Mr. Donkiv, the Secretary to the ConmiMion.
Cap. I.
PBOCiiDiMas of the Educatior Commiiiion in rcnrd Id the Inquirj into the
Maaagement and Value of the JuviTr Eitatbs.
Tub value of the Jnoiit' Eitatei, ai a material portion of the fund lo be looked to fbr
the support of an adequate i^itcm of Public Education in Canada, wai a subject to whioh
the attention of the conimistion was earljr directed. To ascertain it, it became neceasaiy lo
eollfot fyill and accurate information as to the extent, position, nature, manaKement, and
revenue, past and present, of the several properties forming those estates. The reports
■ade upon this subiect, at various times, by committees of the House of Assembly (those
more especially of the vears of 1834, 1831, and 1835-6), embody a very considerable amount
of information on all these points ; but, after some time spent in examining ihem, it becMBe
apparent that they by no means furnished all that was required. In respeet of time, none
of them came down to a later date than 1833, the last year in which the Provincial Air-
liament met and transacted business. The inquiries instituted by these committees were,
also, fiir from being sufficiently minute to give a precise idea of the then value of each
portion of the estates, or even to exhibit unequivocally the character of the adminislratioa
under which they were placed. That the estates hod never yielded a nett return at all
adequate to the expectations which their extent would seem to warrant, and that their
administration had ever been essentially defective, was quite evident from these reports;
but they did not furnish data sufficiently precise and full to be made the foundation of a
positive estimate of their real future value under good management, or of a detailed state-
ment of the system best calculated to secure from them ineir full value for the public
service.
Under this feeling, early in August, I prepared a series of blank forms of tables, to be
filled up by the commissioner of the estates ; from the returns indicated by which, if fully
and faithfully made, with the aid of some further oral examination of ihe commissioner
and his agents, the required information mij^ht, as I hoped, be gailiered. The paper marked
(D.) accompanying this report, is a copy ol iliat sent to the commissioner.
It will be perceived from the form in which these bliinks were drawn up, that a certain
order of arrangement was pointed out in them, us the one best adapted to the objects of the
inquiry. A glance at the returns, as they were actually furrnahed [we accompanying papen,
marked (A.), (B.) and (C)] will show that this prescribed order was, in. very many pariieelare,
altogether departed froru, and that several of the inquiries remain in consequence un-
answered.
To speak only of one of these deviations for the present. Returns were b. 'ed for, in
which certain apeciiied particulars of information should be given, — first, as to ti.e several
scignioric!) which formed part of the eatates,— next, as to the other properties forming part
of the estates, from which revenue was derived, — thirdly, as to those properties from which
no revenue was derived, — and, lastly, as to the expenses of the commissioner's office (which
being of a eeneral character, could not be made to enter into any of the pievions partial
returns), and the annual balance sheets of the estates. This distinction between the varions
kinds of properties was made designedly, on account of the confusion created in all tha
returns furnished to committees of the House of Assembly, by the unsystematic manner
in which the properties of all kinds were continually classed together in ihem. Mo regard
was, however, paid to it; on what account, whether intentionally or not, I have no means
of judging. Tlie returns, as will be seen from the statements lo be made presently, came
in so irregularly, and many of them so late, thot it whs impossible to have them altered in
this particular, or indeed in any other. It will be seen, also, that they require many cor-
rections on other points, to make from tl»em a statement of the afiiurs of tlie estates, which
shall be at all accurnu-.
The period of libie covered by tho«e of the inquoMcs which had reference 10 yearly
receipts and expenses, was required to < nmence with 1 October 1831, when the estates
were first placed at the disposal of the , ovincial PorliawMmt, for the support of education.
In this particular, the return are in Torn though, fsmu s -nr having been called fur before
the expiration of the fina cial year, eiui n)T 30 Sepic»l»ef 1838, they extend only to
30 Sepicnibet 1837 i " period of six in&ieai '' seven ye«iii< These six years may, how-
ever, be very safely taken o afl'ord a fair avt, ge.
The statements, both general ond porticulai, uf the arrears d«>« on the estates, were re-
quired to be made out for i October 1831, iliu n-Tieof the ceisii 1 above named, and for the
present time. The returns iiiufess to laie liie an nrs for 1 Ocioiirr i83i,niid for 1 October
1837, for thesnme reason ; ilie fiuancml yearendu g 1 October 11)318, expiring while they
were in course of preparation.
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The jnrW bdaoet iImcu of the cttatet, fcqoired abo of the eommiMiooer, were far-
Buhed by Mr. Caryi the impector of tlie publio accounu, in wboN haade they are
deposited for audit and lafe iieepiog. An abstract of them it annexed. [Sit paper,
marlted (A.)]
Of the 97 accompanying tablet, (A.), (D.) and (C.) returned by the commiwioner
of the etiatet, nine, being those marked (A. 4.), (A. 5.), (B. 9.\ (B; 3.), (B. 4.),
(B. 5.)( (B. 6.), and (B. 7.), were received at the office of tne Education CkHnmiMion
.during the month of Angut,— foarj being (hose mvked (B. 8.), (B. li.X (C. 7.),
and (C. Q.)> in September/— 13, beii^ those marlied (A. 1.), (A. !.)> (A. *.), (A. o.),
(A. 7), (B. Q.). f B. to.), (C. 1.). (C. «.), (C. 3.), (C. 4.), (C. 5), and (0. 6.), in October,
— and one, being that marlted (C. 8.), on the 3d of November. A refeienoe to the uUea
will show, that tboseof them in which the greatest departure is made from t^? form prescribed,
and of the number not received till October, when it was altogether too late too require alteriH
tions made, omissions supplied, or obvionc iuaecnracies even (and of these there are not «
ftw) corrected. Hie same cause also prevented that careful compariaon ot them with
the retnma furnished at other times to the House of Assembly, and that exnminatioa of
the eomminioner and his agents in regard to them, both cf which were so much the more
necessary 00 account of theii iuformality and incompletenesa. His Excellency's return to
England wai decided upon, and the Education Commiuion charged to pat at once into
form the outline at least of a general system of education for the province, before the most
important of them wereobtaiuM ; iadeed, his Loidship had left the province before the series,
snch as it is, was completed. Occupied, of necessity, both before and after the receipt of
theae October returns, upon other branches of the extensive inquiiv with which the com-
mission was charaed, it was obviously imp«)tsit!e tp complete tne miunta «xaminatioot
necessary to the full investigation of this particnhr subject. It was not in my power to
have more than two or three interviews wiin the commissioner of thti eotates, and at these,
though they extended over several hours, the subject was so panially and hastily discussed
(owinc to the multiplicity of the details it involves, the want of time, and the pressure of
other DusincasX as to render it impossible for me to take down his evidence in form, as
I had intended. On a variety of occasiona I had more or lem communication with a
number of otlicr individuals who had given considerable attention to the snlgect; but here,
too, the same cause prevented formal examination. Till the oommiuiooer'a full returns and
written evidence showd be in the hands of the commission, it was impossible to examine
other panics to advantage. When the returns came in, there was no longer time to ex-
amine the commissioner or any cme else. It waa not even in my power, for this reason,
to examine or confer with the four agents who manage the Jesuits Estates, nuder the com-
missioner, Mr. Panel, the agent for the properties in the district of Quebec, Messrs.
Dunionlin and Ocille^ for those in the dislnct of Three Rivers, and Mr. Henry, for tbosein
Uie district of Montreal. These centlemen probably know much more than the commisaioner
does, about the management ofthe estates, which is in effect placed almost wholly in their
hands. I preferred, however, on many occasions not to examine them till after the retumi^
they were preparing under his direction should be in my hands^ and the commissioner's
evidence in regard to ihemand the estates in general, given.
The report which follows must be taken, therefore, not as intended to present a full dis-
euuioo of the subject, but as a statement of the resulu to which I have been led by the
necessarily incomplete investigation of it, which I have above described and accounted for.
I may add, as another reason why my report cannot be rendered as complete as I had
wished, that I was nnable, when I left Canada, to brine away with me the various reports
of committees of the House of Aoembly, to which I have referreil. Vot every thing
beyond the notes I took from them while in Quebec, I have to trust to my own recollec-
tions. Nearly every statement, however, made in this report, rests either on notes taken at
the time of these documents, or of the answers of the commissioner to the inquiries I was
able to put to him, or else on the authority of the oommissionei's returns made to the
Eiducation Commission. The latter alone fomish ample material for a report; the
interrogations of tlie commission covering almost the whole ground to be gone over,
and the very errors and omiuions which abound in the returns being an evidence hardly
leu valuable than tlieir accuracy might have been- on the subjects of the inquiry.
I have arranged the .everal returns made by the commiuioner, in three sett, marked
(A.), (B.) and (C.) respectively. The first contitla of seven returns, vis.
(A. 1.) Eatsot, Ac. of Propntws witbin the JtMiits' Estates.— Rtnivait 5 Octobsr 1835.
(A. •.) Arriirs Fiefs within the JesniU' EtUlcs.— Rtctived 5 Oetoiwr 1838.
(A. 3.) Properties under Leeiv.— Received 5 October 1838.
(A. 4.) Ststcment of the Kevenue of the Entatet heratofure belengiDg to the late Order of Jesuits, in
each year, from 1 October 1831 to 30 September 1837 (oxpenies of Comnistioner's oAea
not included).— Rsoeived 17 Aogast 1838.
(A. 5.) Stblement of the Exueates in the oflice of the Commiitioiier ibr the Msnsgemeot of the
Ettaie*, &c. in cacn year, from 1 October 1831 to 30 September 1837.— Kceeived
18 Au|ittt. ^038.
(A. 6.) Statement of Arrears due on the PropertiM rompritiag the Ettatis, &c. at 1 October 1831
and I October 1837, respectively.— Received 5 October 1838.
(A. ".) Coinpttted grots Annaal Revenue of the Estates, *c. exclusive of Lods et Vealss.— Raesivsd
5 Octobar 1838.
The second aet couaists of eleven letanu, vis.
(B. I.) Statement of Receipa end Expenses for each year, from 1 October 1831 to 1 October 1837,
(or the Scigpiory of SiUery.— Received 99 Augstt 1838.
(B.S.)
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(B.6.)
: October 1837,
for the Seigniory of B«lair. — llereivcd M at 30 Septomher
1831 and 30 September 1837, for Seigniory of Notre Dame dea Ange*.— Received 3 Oc<
tober 1838.
Statement in detail of Censitaires, their Annual Rental and 'heir Arrears, due at 30 September
1831 and 30 September 1837, for Seigniory of Eclair.— Received 3 October 1838.
Statement in dettil of Censitaires, their Annual Rental and their Arrears, due at 30 September'
1831 and 30 September 1837, for Lands called La Vacheiie.— ReeeiORT OH TAB AFFAIRS OF
the inpKMhm, that on one ocoMion before the retorm were ctIM for, he cipWned the
term " old conccMion," u refcrrine lo the granii nade or else torrered (I have no
diatiiict recoUecUoB which) hefora the adminittratioa of the eiutea by km Crown, i. «.,
btfaie 1800.
The defective manner in which tbeie relarna have been OMde np, both at renrda their
MfMgeaem and their contents, hat rendered it necenary for me to compile from them^
with (ome additions drawn froas other soorcco, a aeries of tables in which the plan 1 had
oriiinallj deaigned to follow shoald be as nearly as possible adhered to, and the rcsuito I
had wislicd to arrive at and eKbibii. shown, so far as the retnrns woold enable me to
arrive aft then. The aceompanyiag doonments, marked (F.), (O.) and (H.) contain theae
uMes.
The tables narked (F.) are three in nnmber, and relate exdusively to those of the pioper-
ties forming part of tbe Jesniu' Estates, which constitnie seiniories.
(F. I .) shows the situationi, dimensions and area of each of these seigniories ; the extent to
which each has been surveyed ; the ezient of tlie Arriire Fief* granted from it, where any
there are ; the extent of live concessions, old and ne<* ; tbe disposition and extent of any
tiMU of land otherwise alienated than as Arri^re Fiefs or concessions; and the amoanta
of nnalienated and unturveyed land, respectively, still remaining in each seigniory. I
have been obliged to depart continually from the statements made in tbe rf.urn (A. i.)
(from which this table is in the main compiled), by the numerous contradictions manii'ast
on the face of that return. I cannot, therefore, suppose the table I Siive drawn upper-
Awily acenrate. It is as aoearate, however, as tlie character of the information furnished
the commission allowed.
(F. 9.) contains a variety of alatements and calcniationd relative tu the gross and net
receipts ttom tbe several alienated tracu of land or properties, within each seigniory, as
they are mentioned in (F. i.) Tlie extent of each alienation it staled in Muare arpents
(the arpent being a French measure equivalent to about four-fifths of u English acre),
Moording to the estimate in (F. 1.) and not according to the inconsistent and contradictory
return made in (A. 1.) For the amounts received and expended on account of ench, thie
papers marked (B.) are tbe principal authority. These relurus purport to give (he gross
reeeipts for six successive years from each source of revenue, and alto tbe several items of
eipeose on account of each property, the expenses of the commissioner's office alone not
indnded. In the table (F. «.) 1 mve divided tJie amount of this Utt item of expense for the
aame six years between tbe several properties, in the proportion of their gross receipts;
ahowiag by this meant the sum total of the eajMnses of management, inc. of each pro-
paity, and consequently the net revenue which it has actually yielded for that period.
From these data, ine avern'xe yearly income derived from each gross and nett, the average
yearly value per aipent of i ach tract, both grots and net, the average yearly rate of pay-
ment by each ceusiuire in each seigniorv, ilie average ratio of tite expenses on each pro-
perty to its grott receiptt, and leveral other particulars are calculated.
(F. 3.) exnibitt tbe contrast between the actual gross receipts from each source of revenue
§• each aeigniory, and in estimated grow revenue as thown by (A. 7.) and tbe returns
marked (C.) The increase or diminution of the arrears due on each is nlito set down hero;
ist, as reported in (A. 6.) and tbe returns marked (C); and ad (where that haa been po^
aible)^ as a comparison of ilie actual with the estimated revenue wouU ahow it. to have
icajly taken place.
The three ubiea BMrked (G.) famish respectively, as nearly as possible, tbe same particiir
hrs of information in respect of the other properties forming part of the Jesuits' Ettatca;
via., thoae which do not constitute seigniories.
TIm 'ablas marked (H.) give a connected stelement of tbe extent, situation, fcc. of such
of the properties named in the former tebles as do not yield revenue, distinguishing
between tliose which are no longer at the dispotal of the administration of the estetes to
be rendered valuable, and those which either at once or at a future time may be made a
source of revenee.
Before entering on a critical aiulytis of the contents of these ubles, and inferring from
them, so far as 1 feel lafe in drawing any inference at all, the value of the estetes, and the
ralbrms which it may be necessary to make in the mode of managing them, it will be weU
to give a brief outline of their history as an educational enduwmeut, and a general view of
thear eilewt and ebaracter.
Cap. II.
OoTMHCa of the Hiitobt of the Jaanrrs' Estatis u an Edocationai. Biibowmbiit
in Lhkt Ctmadtt.
It would neitlicr be useful nor inlereating to recount the datet at which the various
properties at any period held bv the order of Jesuits in Lower Canada originally came into
their poasessioii, the names of the individuals who gave, bequeathed or told them to that
otder, the motives assigned for tbe gift or hequett of the greater part, and the trantfert or
alienations by tlic Jesuits of pariicular portions of them. For the purposes of the present
■report, little more ia required than a brief outline of tbe proceedings which have taken
place since tbe conqueat in regard to these potiessions, their administration, and the uses
to whiili the revenues drawn from them have been put.
•^ At
P- n
, P.V
BRITISH NORTH AMERICA.
99
At iht period of (be caMion of Cmade, in 1765, the order of Jcteiu wne in poewuion
of a samber of leignioriet and other properties in diflereat parts of the province, of sreat
•ateat and considerable Talue. Thejr Iwd housea of residence ia Quebec, Tlwee Riveis
aad Montreal ; their residence in Quebec being the lar|^ building now nMcl as a barrack
in the apper town, and still one of the most extensive buildings in Lower Canada. In tbU
bailding was their chief residence and colleae. Their other property was scatterao over
the province ; four seigniories, of considerable siie and value, besides a fifth of liiite or
F, and seversl taluwlc tracts of land, in and near the cit)|r of Quebec* belonging to
them, within the district of Quebec ; two of the largest seigniories in the province, and a
great part of the town of Three Rivers, being tleirs ia the district of that name; aad
a small property in the city of Montreal, with two large seigniories (one of tliem, liowover,
oaly held in trust for the Iroqnois Indians), beinc ia their possession in the district of
Montreal. Of these properties, the greater part had been given or bequeathed to them ;
a oooiparatively small portion had been purchased. The whole had been confirmed 10
tbem in mortmain, by letters patent of ttM French King, his Kovernors or intendants in
the province. In the official documents by which their tille was thus confirmed, the
object of the endowment was in almost every instance stated to be the maintenance of
their college, and the instruction of the youth of Canada by their order. The origind
bequests or deeds of gift, in many instances, gave other motives ; the conversion of the
beathen, friendship for the Jesniis, fcc. The royal letters patent, however, explained the
wFnole as above slated ; the Jesuits appearing to nave reauesied this form of confiimatioa,
oa aeconnt of the tenor of their vowa of poverty, ana the consequent necessity of their
holding all their possessions under this pretext.
In the articles of capitalation by which Caaada was temporarily ceded by the Freaek
General, an attempt was made to introduce a guarantee for the continued OMinienance of
thia order ia the province, and the perpetual posscMion bv tbem of their estates. This
proposal of the Marquis of Vaudreuil was, however, set aside, and no such guarantee given
or implied, either in the capitulation or in the treaty of 1763, by whidi the coantry wm
finally ceded to Great Britain.
Notwithstanding this refasal, however, to recognise the ordf r, the Jesaits remained ia
the undiatnrbed possession of most of their property for many yeara. A part of their
college building in Quebec was taken possession of by the government, as a public store-
house, immediately alter the conquest, and continued to be used for this purpose till 1776^
when the greater part of the building was taken possession of as a barrack, a use to which
the whole building has been devoted since the year 1800, when the last sarviring member
•f the order died. A part of the mission-houae, in Montreal, waa also occupied as a
pvUic prison, before the death of its last mmate, and the wholie building was converted
into a prison on that event. In the year 1774, royal instructions were given to the
Governor for the suppression and dissolution uf the order of Jesuits; "all their rights,
privileges and property" to be vested in the Crown, " for such purposes as the Crown
might hereafter think fit to direct and appoint." The royal intention, however, was at
the same time declared to be, " that the present members of the society, as estsbliihed at
Qnebec, should be allowed sufficient stipends and provisions during ttieir natural lives."
la point of fact, the Jesuits were allowed to continue in the possession and management of
their productive estates, and to draw from them the " stipends and provisions" promised in
these instrnctions in lieu of them. Father Well, the last survivor of the Jesuits resident in
Montreal, administered the properties in that district till his death, and Fathers De Olapion
aad Casot (the latter not himsrlf a Jesuit) those in the district of Quebec, till the death of
the former. Shortly after this event, via. on the 8th of March 1800, the Crown took
vnicserved possession of the estates, and they have since remained uniier its management.
Tbesuppressionof the order of Jesuits in France took place in the year 1763, and in
Italy in the year 1773. The possessions of the order were, in the former country, at once
devoted to the suppoit of instituiiuns of education; in some cases, to the support of the
cofleges originally founded by the Jesuits (but then placed under other government) ; in
other cases, to that of schools and colleges which had never been under their control.
From the year 1770 to the year 1^03 a claim was under discussion, urged by Lord
Amherst, for a royal grant to that nobleman of tliese estates, or the greater part ot them,
as a mark of royal acknowledgment of his services in tlie reduction of C mucli of I^rd Goderich'* despatch as
related to the estates had been referred. That committee accompanied their Bill with an
explanatory report, which wos adopted by ihe House, and to which I shall have occasion
hereafter to refer more than once. On the lubjec-t of the retention of tlie Jesuits' barracks,
this report proposes to the House no immediaie action, but expresses the confident anti-
cipation that " the justice of hit Majcity's government " will ere long complete the resti-
tution of the estates, without insisting upon a condition, a compliance with which on the
jiart of tiio province would exhaust the revenues of ilie esutes for several years.
Appendea to the report of the committee on the Journals of the Houte is an abstract
(drawn up apparently by tome member of the committee) of the accounts of the estates
for the 31 years from 1800 to 1831, as reported to the committee on this occasion. It is
not easy to reconcile tome of the ttateinentt made in this abstract with the content* of
other papers embodying official inrormation on the subject. I was not, however, able to
give to this purt of the inquiry a sufficient amount of time, to feel warranted in positively
wi
»i1
rm
i
•iHa
A^
give I
303.
asserting
11 la
APPENDIX TO REPORT ON THE AFFAIRS OF
iM at
Mwrting aajr CMtradietion between the two aatboriiict, or hi ■tlcmpting lo dieoai
lenslh tiie poiDU on which they teem to differ.
Fran ihw table it would seem that the tcul anooat received into the baadt of 4he
tifaMirer of the ctlatea* or recciver^eneral for the 91 jrcara between iSoo and 1831 waa
49J(l3l. i4«. s 4 reconcilabk', so fares I
can see, with tha given on the books of the receiver-general. The latter (as may be seen
from the accompanying dociiment marked (E.) state it to be 8,03o/. i6«. 3d. sterli'^g, or
8,81a /. o*. 3ii{. currency. This sum, I presume, is the correct one.
The provisions of the ad Will. 4, cap. 41, were in several particulars disregarded or
contravened. The monies received from the Jesuits' estates were never placed by the
receiver-general in a separate chest, as required by the law, but have continued, as before,
to be depmited with the other public revenue of the j>rovince, a separate account only
being kept 10 show their amount. The clause prohibiting the expenditure of any part
of the balance at any time accruing from the Jesuits' estates for any other than educa-
tional objects was also set aside by the transfer on the aad of September 1838 (by order
of the covernor, signified in a letter from Colonel Craig, then civil secretary, to the receiver-
general), of 7,1 64^ 16*. 4 id. currency, from the amount credited to the Jesuits' estatei,
to the general revenues of the province. The circumstances under which this transfer was
made, and the defence set up for it (apassage in Lord GodTich's desnalcb of 7th July 1831),
will require fuller consideration in another part of this report. 1 shall there endeavour
to show, that however undeservine of blame the order may have been, it was clearly a
contravention of ihe law, and that the transfer in question ought accordingly to be reversed,
and the 7,154 /. 15*. 4i-...», and was, therefore,
soon after the cession of Canada, restored to the Indians as its rightful owners. The re-
maining properties, with the exception of some alienations* of smai' extent, either by royal
grant in favour of public institutions, or by occupation on the part ^f tlie Government for
public uses, remnin, In point of extent, as in the time of the Jesuits. These alienations
Kill come under consideration when speaking in detail of the several properties forming
the estates, and the management, value and disposition of each. For the present I proceed
with the general description.
The
, _____________^ a_
* There b an ambiguity in the use of this word " aUenatious,' which I would gladly avoid, could I think
el fwr otker word, the use of which would be free from the objection. Iu the tables 7 F.), (U.) and (H.) it is
used to signify aay such disposition of a pwrt of the cstateti ( wuother profitable or not) as withdrawn it, for
• time or peiuuutently, from the diroct control at the comnunaioner. In thia tenie, even the lands, mill*, tic
under lease, are for the time "alienated," though not unprofltably ; the "conceded" lands an pennaaently
" alienated," (inasmuch a* after the conccarion they aro no longer under the commissioiiei's eoutrol, and ax-
eept by lenlproceafor non-parent of duee, or by rc-purcbase, cannot be brought again hito ais haaJi^)
tbownstiU not unprofitably alienated; buids sold en coustitut (in other words, on bond and n>oH|ag(^ Hia
purchaser engaging to pav a fixed rate of interest on the purchase money till such time aa he may cooose, -Or
a* may be appointM in toe articles of oontiact, for payment of the principal,) come under the same deaignatioB.
CranU to churches, &o. &c., and aniire fleis, are "alienationa also ; but in the stiictersenn of the term
^wy are permanent and unprofltoblo.
U b to this latter clam of^illonations that I refer, In speakina of the alienations ftnm the estates sinee I809
as of " ariaU extent." Leases, conceasions and aolea aro not the kind of oUsnatiou here intended.
303. O 2
■' V.i
m
hill
ill
n
it
I
m
m
""■" 'Jn*"
mmm
>«f
APPENDS TO REP(SnT ON THE AFFAIRS OF
The tight wignioriM, then, of the Jciaitt' estattt an m followi : —
la tbedbtriotoT QMbw, 5 :
1. SiUcnr. '
fl. St Cwbritl, OT Aaemmt ct Jcum Lorette.
5. Not» Dune dn AngM, or Ch«rl«bMrg.
4. B«lair, or La Moata/fM aa BoDhonoM ; and
5. Isle anx Reaux.*
lo tha diatiict of Three RiTcn, a :
I. Batitcan; and
1. Cap dc U Magdeieine.
In the district of Montreal, 1 :
1. La Prairie de U Magdeieine.
The remaining propertiet are a> followi :—
In the district of Quebec, 4 :
1. La Vacherie, a tract of land adjoining Qnebee, in the St. Roch't suburb.
a. Landa in the City of Quebec.
3. Lands in the Seigniory of Lnusun, opposite Quebec on the sooth bank of the St.
Lawrence: and
4. Land at Tadonssar, on the River Sagvenay.
In the district of Three Rivers, a :
I. Isle de Christophe ;t and
a. Lands in the Town and Banliene of Three Rivers.
In the district of Montreal, 1
I. Land in the City of Montreal.
Under one or other of the above heads, all tliat has ever belonged to the Jesuits in Lower
Canada may be classed, including as well the portions which are nom alienated, as those
Whiicfa are not.
The total extent of the above numed seigniories is little if at all short of 800/Km square
arpcdts, * i. c. is upwards of 1,000 square Eoslish miles. The seigniories in the district of
Quebec cover of this nearly 160,000 arp^.iiis ; tnose in the district of Thr'ie Rivers more than
58a,ooo ; and those in the district of Montreal, more than 56,000. Estimating the whole
at i/wo square miles, for the sake of round numbers, though this estimate is under the
truth, the proportion^ extent of the seigniories in each district will be nearly as follows : —
In the district of Quebec, about aoo square miles.
w Three Rivers 750 „
t, Montreal 70 „
Of these gross amounts of territory, in two oat of the three districts, a large proportion is
aa yet uooranted. In the district of Quebec, there are nearly 66,000 arpenis, and in that
of Three Rivers, nearly 438,000 arpenis, in this condition,— uncleared aud mostly unsnr-
reyed. Upwards of 500,000 arpenis, or five-eighths of the whole superficial extent of tlie
set'gaiories, is thus Tost to the estates; leavmg (on a rough estimate, as before) tlie
conceded or otherwise alienated portions of the seigniories to be thus stated in round
numbers :
In the district of Quebec, about 116 square miles.
„ Three Rivers 180 „
„ Montreal 70 „
The extent of the other properties it much less than that of the seigniories. Altogether,
they cover a little more than 3,000 square erpenti, aboot 3| square uiglish miles ; and of
this more than 3,750 arpents, or 3) square miles, consists of lands in the aeigiiiory of
Lattsun and Banlieue of Tliree Rivers, from which revenue can be drawn only as from so
much land in a conceded seigniory,— not quite so much indeed, since the dnit de banaUte,
or seigniorial right to the profits of grinding the censiiaire's grain crops, is not here
eqjoyed.
1 to be cIssNd. whether sa • diitinct
I ibid it mors tosn once spoken ot ,->
*IhiiT«'hadsome.•••• 74176
Tbia was while the ettatea were etill admiaistrrcd bv the Jeaoiu. Whether thera aams
■ive the yearijr leTcnue at actually collected by the Xetnitt in any year, or aa eetimated by
tnem from their boolit, doe* not appear. At that period, the extent of the conceded portion
of the ettatet wat much Icta than at pretent ; betide* uat, ftom the comparativa tninneta
of the population of the province generally, the retenne drawn from lodi et ventea, which
it dependent for iti amount on the number of talet of real cttale and the price it felchct,
mntt have been very much leu than it ought now to be, even in proportion to the extent of
land conceded.
During the 31 yeart between the occupation of the ettatet by the ^rown in 1800, and
tbcir cctiion lo tlw provincial parliament in 1831, we have teen that the total amount
received from them by tlie treaturer or receiver-gcueral wat reported
to have been j^' 49,583 14 3 *^y-
Adding to tliia the amount of to per cent, on the Krota collecliout, '^'^""^^^^^
(the tum probably allowed lo the ageutt,) wc have aatiie grou amount
collected during that period ....... £.55,093 - 3
Showing an average grot* yearly collection by the agentt, for the
whole period of -...------ £.1,777 3 io|
The coUectiont for the earlier yeart of thit period mutt have been much lets, and for ihe
later yeart contiderably more than thit. *
For the tix following yean (between 1 October 18^1, and 30 September 1837), the
retuma made by the temmittioner of the ettaiea to the Education Committlon enable me
to tpeak more exactly and confidentially. From thete it appears, that the total groat
receipu for the tix yeart, and conteqnently the f verage yearly grott reoeiptt, have been aa
foUowa: —
nt iIm ait Y«*n. A««n|i pw Aama,
From the teignioriet - -£. 17,^8616 3 j Cy. > • £.8,88716 -69 Cy.
„ other properliet - 1.815 ^ • ... 30a 11 -33
In all - - 19»>4« « 5I - - -£.3.>90 7 >
The etiimaied grou yearly income of the ettatet, at drawn up 00 the 5ih October 1838,
for the year following, thowt, exclusive of lodt et ventet, the following retulu : —
From the teignioriet (betidet lodt et ventet). t . . . i. 3,798 16 si Cy.
„ other propertiet (alto betidet lodt ei ventet) - . 556 9 9
In all (beaidea lods et ventet) .... £.4.355 5 i:|
The value of the lodt et ventet, at a tource of revenue,, may be tliut eiiimaied. For
the tix yenrt above riamed, the average yearly receipt from thit tource liat been —
From the teignioriet ... ... .£.565 17 it'sSCy.
„ other propertiet - - • - - - - 53 »9 tO"33
Inall ------- - £.619 17 10 -
nearly one-fourlh part of the tum collected from all other lourcet ingether. Atiuming
the lodt et ventet to have been oolk oied with neither more nor leu regularity and exaci-
nett than the other duet, and to have increated in value in tlie tame proportion with tliem,
they would ite ettimated for 1838-9, at nearly one-fourth of the ettimated rental above
tuted,— tay, at £.1.050 - - Cy.
which would raise the entire ettimated revenue for the year to the tum of X. 5,405 5 1 1 i
The
• Thcte unomrt* cannot be Csr wroi«, Ihtwgh they nuqr not be esaotW in tcco w la w e with the books of iho
MlatM. ThcM). for rMMHn ali«ad>(lTen, 1 bar* Mt been abh lo coMMlt
t Hew, aa in many other placea, 1 quote Ihe (unw total jiven in my own taUaa (F.) and (Q.) not thoee
which appear on Ihe face of the comuuasioaer'* letums. Tho naioa will appear preaently.
303. o 3
'-''Ili
mm
Vf
i«« APPENDIX TO RBPOmr ON THE AFFAIRS OF
Th« Tiry HMtrtain ehaneter of thi* tepoct ■akn ■• mwiiKiif , hiwwr, to iwiy lo»
ooafidcniljr on ihb caknilation ; it U beiur than noae ; Md I Iwva oo btiur data al (
}tkm Ibaae oa which it b IbandM.
ThadiCMmabatwcMthiaaitidHUafiHiha jraar iSjl^ aad iht abot a avanga of Iha
kix jaanaadlag ia 11137, ia to ^ aaarihad is pan to tha rwbwuM of tha agaala io thair
oolaetiook aodin part, alM^ to raoant advaaeat owda in tha rental of caruin of tha pM>
partial, ft ia act paMibIa for me to determina eiacilv bow much of it it to ba lat dowo to
OM. aad how Baah to tha other. The return of the Icaead propertiea gives oaly Aair
KieMtimal { and the retoma of arrear* are (aa I thall ibow preieatlj) very fhr tnm haiag
iworthv. At (he prcMnt point of the inqairj, I cat ^ive no more exact mtimau than
tito foloiHng. The reiamt of iIm coaaiiMioMr Mato tha iaciaaia of -naata balwaaa
\ Oetober 1831 and 1 Ooiobcr 1837, to havr heaa—
biha MiflRiariaa (aat ioebding inaiaaia of anaan { itt. on iodi and ventei in thraa
I ; aad td, oa lotoe oth er ptopeniee of Binor value) - i-Mlto 16 4I Cjr»
ooouitu" alone) - t^% - I4
I» dK other prapartiaa (oo tha " hukli aold eo ooouitu'
TImw mnm, hewaver, fall eouidcrably ihort of the trath. aa the itatcnente I ihaH have
to nake preeently will show. I hare Mate ooly icsniu, which nwre than admit of proof.
On accouBt, ihca, of inerease of arrears of cent el rentet on laoda conceded, and of hiteiait
on land mM an coMtitoi, there mnit he added,—
In tlie Kcisniories (being deiicieaoy of the mob returned, aa contraatad with that ahowa
hy oompariaoo of the returned amonnu of rental and coUeotiona)^\ g ^^ . f.
In the other propertim (being the amount shown by such comparison) - 95 19 7|
About - - -£.740 9^ 111
There remains still to be taken into account (supposing the returns given uf arrenn on
lads at vanian laaaad properties, ttc, to be as correct as those of cens et rentes are i»>
aaareet)^ ut, the increase of anear on lods et venies in three of the seigniories and in the
' portions of ihe other properties ; and ad, the increase of arret;/ (tritiog m
1), on- several of the lesser pnipcrties in the seigniories, for which the rctoms are
wanting. The addition of the 740/. gi. ii^A for arrears of cena et rentes raisea the
sua lalul to------'---- £.8,191
The addition of the other i'ems may very safely l>e taken to raise it to
7 -I
at least about
Thus showing an average yearly arrearage of at least
f.8,a50 - -
- *.>.376 - -
The above computation would leave a sum of 839I. 18*. lo^d.* as the diflbrence between
the estiasated yearly rental for tiie year >838-o, and the average uf estimated rental for
Ihe six years ending in 1837 ; a diflerence whicn is to be accounted for as tha increase of
rental drawn from newly-made cencestlons and the leased properties. This sn'u it, in my
opinion, above rather than below the mark; and the 1475/. computed average yearly
arrearage, for the aauie reasons, below it.
Tha results of these calculations, then, are as follows :—
Average yearly receipu from all sources, for the six years £.3,190 7 i Cy.
Computed average yearly increase of arrear (for do.) about £.1,375 " "
Computed average gross yearly renUl (for do.) about - £. 4,565 7 1
Computed gross yearly rental for 1838-9, about - - £.5^405 5 iii
About 30 per cant, of tha entire rental of the estotes would thus seem to have been
yearly falKng into arrear for the six years ending m 1837.
Tha ezpcnies of tha administration of the estates remain to be spoken of. These we
t' all sea have always been as remarkable for the largeness, as the gross receipts of the estates
have been for the smallnera of their amount.
For
* Rstliar more. In point of fact ; for the ealeaUtion of the gnMi eompntod Kvenae for 1838-9, made in the
test, I have not takeu into account the rpceipta to be drawn from aaMinnenta on the censitairea to meet parti-
aelai aspanaaa, aoah at aurreya. These rvoeipta during the lix yean ending in 1837, amounted on an averaee to
£1.4*. lOA veaily, aad form part of the gnat torn of 3,1901.7*. I 4., the total yesriv receipt returned for
It period. Adding the lame amoonl to the eompnlsd revenue fot laSi-a, we have a total of A,MB j. IU«. 9^A,
aadaoQtsqaaally adifamies betweeuitsnd the auMoaad I
(Mti5»?18«.10lA)
i aTamgaiwilal fovtlMiixjraaisofH8L3«.8t4,
-r^^
BRITISH irORni AMBUOiU
For iht 3t jtm aoding in 1831, w« havt tMo Uwt Umm flspaatM on u Mflngt
• follow! t—
For albwanc* to ucnu far «ollflclio« oa the groM MMuak
coUooltd, (pmbuljr) - - - • • - • 10 per omt.
For " cxptniM of nMUMgctBMM," j.«. of oamaiMioMr^ kawd,
fcc.. nearly 17! ptr cent, on the tan remaining, after dcdnc-
tlon of agent's allowaneo j being therafbrt on iIm groat
aoMunt colleeiad, (piobah^*) ....-• 157 vary nearly.
For " repairs, tbo.,* rather more than 9) per oent on the tnm
above named, or, on the grota aaonnt ooUedtad, (pmbably) 8-6 very nearly.
Inall,abont .>...-• 34-a
or more than a third part of the aroH ram oolkdad. It «aa not, thntfbre, withom ruaao*
Ihat in the deapatcb of Lord Oodericb, coding the ettalet to the provinrial pmliamwn,
tha large amoaat of the cspeoaea of ato n a g ea B ent «aa advevlid lo.
For the liz yean ending in 1837, the expeniet have borce a somewhat heavier pro-
portkm to tho groM receipto than before, aa the following pariienlan will ihow :
For allowaaoe to agenta npoa the entire ooHeeliooa • • 10 per cent.
For " expemea of oomaiMioaer^ ofioe," •.ts8 1. 1 1. si d. ont
of a groM reoeipi of i9,t4a A a •. 5! d. being very OMirlv* * 1 i' It it the fim MiRniorj noticed
ia tba tablea aMrited (F. 1.), (P. •.) and (F. 3.)
PoaiTiow. Extent, aic.—Thia aeigniory it but n ikort dielanee from the City of
Qnebcc, and lice in a diiection MHiih-weei and west of it. lie front line it on the 81.
Lawreooe, on the north banli. a little above Quebec, and the tide iinea run badk in a nortb-
weat direction, nearly at right anglei to the cooiae of the river. On lu iiortb-eaat or
Quebec tide, it !• bounded by the aeigniory of St. Michel, the property of the Qnebee
■eainary ; and on the louth-wcti, by the Migniory of Oodanrille. In (A. 1.) it U retnmed
as extending one league in front by one and a half leagiM* in depth, and containing tber^
fore 10,584 tquare arpenti ; the whole lurveyed, and too arpentt only of the whole reanain*
ing at the ditpoMl of the commiMioner.
Abbihb riiri.— Of these, according to (A. fl.), there are two(Monecanaad St. Unulc)^
thoogh (A. I.) makes no mention of tliem. Their total area it 819 arpenta. (All the arridte
fiefa were granted by tbe Jcauiu before the com|nesi.)
Lanoi BisroeBo or othbbwisb than as Abbibbb Fisn on CoNcBaaioNa.— (A. 1.)
■aakct mention oolv of a grant of four arpeots to a church under this head ; but in this
Ct of tbe return there are two errors ; 0rst, an omission to make anv report of tiie extent of
d leased with the covet mentioned in other retunit; and aeoondly, tbe return as " new
concessions" of 15a arpcnts of hind, which were in reality m»t " conceded" at all, but " sold
ra eomaM." To mention these three properties, then, in the order of their importance :
1. 1%* Cbeer. — A narrow strip of land along the river front of the seignio^ forma the
four Sillery coves, within which s considcnble share of the lumbering business of Quebec
is transacted. They are leased to as manv mercantile houses in Quraec, engaged in the
lumber trade. Tlieir extent I am unable to stale, in consequence of the omission to
return them in (A. 1.) The strip which forms them is quite narrow, extending a very short
distance only from high-water mark, and the bills rising behiod it almost close to the water's
edge. I do not know, therefore, that it is necessary to make any deduction on account
of them, from the 10,584 arpcnts ffven as the total contents of the seigniory. The " one
leasue by one and a half leagno^ of tbe seigniory may perhaps be made good without
incTuding ihem, and at any rate they cannot take oira great deal of it.
«. n* Lmd told m eoiutUut, is, as I learned by inquiry of the commissioner, a part
of the ^ domain" of tlie seigniory, originally reserved by tlie Jesuits. The whole domain
extended over 359 arpents, and of these, 158* were sold in nine lou of diflirrent dimen-
sions between 93 December 1831 and 13 June 1833. Tho remaining too arpents con-
stitnie the unalienated portion of tbe seigniory above-mentioned.
3. 3'Ar CShireA CTroii/.— This nant of four arpents is for the Roman Catholic parish
church of St. Foi. It was given Ey tbe Jesuiu among the earliest of the alienations made
in the seigniory.
Thb Cohcbssions in this seigniory are all old conceasions, made hy the Jesuits, and
they extend over ail the remainder of the seigniory. In (A. 1 .) they are relamed as covering
10,380 arpents, neither the 153 arpenu sold from the domain, nor the 819 arpents forming
the ut'iin fiefs, nor the extent (if any) which should be taken off for the coves, being
taken into account. Supposing, however, ilie seigniory lo cover 10,584 arpenis, exclusive of
the coves, the utmost extent we can give tliese old concessions is 9,409 (and not 10,380)
arpents.
The seigniory then is thus divided : —
Toiafextent ..---..-. 10.584 arpcnts.
L'iMlienated, a part of the domain ..... 900
Arriire Fiefs, 2--------- 819
Covet, 4 (?)
Sold e» eoiutitut, 9 lots (part of domain) .... j 53
Granted for a Roman Catliolic Church ..... 4
Old conceuioQs --.- - - - - - - 9409
The returns nowhere make any distinction of gross ond net, at regards the extent of tbe
varioaa alienations within any ot the seigniories or other properties ; so that I cannot say,
m
* Tke return (A. I.) aivea 1A2 aipenU ai the extent of what are there called New ConceaikMis ; while the
i Hi »i *m tiu«i of them in (C. 1.), maba the ettent only 138.
a m w Mc h iuclndes roadt, i
I have taken the laigor number, as perhaps the
r with the 200 ansuld arpcnts, makea up the whulc axlcat of tbe donain.
^r-^v^
BRITISH NORTH AMBRICA.
••»
in any ea**, bow nach of the ImhI i* taken up wiib roaii, kc., and bow aaob mlly |0w
lo makt np lh« farmt of the ceiMiialrra. lodcvd, tbort am bo oe prttomloa oia^ to
winute aocnracjr, oven
allowed for ibe wbolo i
•lone, and not ibe mult of any aocaralo eanrey.
ranni oi we ceiMiiairre. inaeea, looi* cm do no preiomioo oiaM to
even ai to Ibe KroM extent of ihete ewnoeeeioni ( for ibe 10,584 arponit
bolo eeigniory u nerriy a rongb etllniaio made from iu rcooracd dinncn*
mull 01 any aocaralo nrvey.
In ipeaking of the value of ibe Mveral propertiei in ihe teif nlory, I shall follow tbo order
indicated in the tablet (F. a.) and (F. 3.) In making the preceding tiaieaMot of ibeir ezteni,
it bai been more convenicnl, on account of ilie correciiona lo m made in (A. t.) lo adopt
an order lomewbat different.
I. The AaniiBB Fiipt (mt A. 3.) jrield no revenue, and cannot bo made lo jricM
M17.
II. The CoNOBiiioNi.— llie 9409 arpcnlt, more or late, oonelituting ihc groaa extent
of ihc old conoOMionr, appear from the return (C 1.) 10 bo held bjr 77 ceniliairet. No date
it given of the original roncetiion deedt under which the prcecnt cenaiiairet hold, nor la
anj return made euher of the number and namea of the original granieet, or even of tlio
extent of land now held by each ceniilaire, all whioh pariicolan wcro called for. Tht
yearly rental of each of the 77 centitairet it tpeoifted. and at ilie aoiottnlt vary very
contiderably, I conclude that the quautiliet of land hen by them vary alto, and tnal tho
litl it a mere litt of centitairet, drawn up without any reference to the original conoettion
limitt. with the amount of rental of each holder at it ttanda on the ageni't bookt, and the
agent t reeord, tuch at it it, of the ainountt of arrear due by rach in 1831 and in 1837,
tinted, but with n" tpeciAcation ul' llio extent of their retpeciivv holdingi, Ac, for their
want of the rcquiN.te information on the tubjccl.
It almotl ceax 10 be a matter of wonder iImi ibit return it thut defective, «>hcn we
fiance at the a^t igaie rental due from tliete 77 centitairet upon their 9,409 arpenti.
'bit amount it uo/. at. 6|r a renewal of the lease ; it appears, however, that the old lessee still remains in posses
sion, and contests the right of the new lessee, and the consequence is, that since January
1836 neither claimant has paid any rental whatever *ot the cove. The fourth cove is
leased for a term of 31 years, which ends on 1st May 1857, for 30 L per annum.
Much angry discussion has taken place as to the real value of these coves, and it
has formed part of the complaints of the standing committee of the House of Assembly
that they are very much under>let. The complaint, so far as appearances and the evidence
collected by this committee go, would seem well foundea; but for reasons already
I'.atcd, I have not been able to make such further inquiries on the aubject as would
justify me in expressing a positive opinion in renrd to it. It is apparent, however, that
very shortly after the cession of the estntes to ine control of the provincial pnrliaroent
(viz. in September 1833), the first and second coves were leased anew, by private contract,
for a period unprecedentcdly long (14) years in fact, from i83fl to 1857), and at a price
said by veiy many persons co oe far below their real value. The third oove, leased soon after
by public auction, brought a rental five times as great, though leased for a much
shorter te;m. How the fourth cove was let, whether privately or publicly, I do not
remember; the question is one which requires further investigation into all the circum-
stances of the case, and made on the spot, to decide upon it.
The actual gross receipu from the four coves for the six years are returned as 3,973/. 1 :.,
being on an average 495 /. 1 is. 8 d. yearly.
The arrears are thus returaed in (A. 6.) i
Due on 31 September 1831 > - - - £.300 - - Cy.
„ „ „ 1837 - - - - 750 - -
Increase of arrear in six vears -
£.450 - -
In (A. 3.) where the arrears due in 1831 and 1837 from each of the present lessees of the
coves are reported, there is no mention of any arreiir due at the former period. The 300/.,
it is therefore to be inferred, was an arrrar due in 1831, from a lessee who no longer
occupies a cove. It has been paid up. as is evident from the fact that th« whole 750 /.
due on 1 September 1837 was due upon one cove, No. 3, from its new lessee (or rather
claimant), under the lease of 1836, being one year's rental.
The estimated rental fur 1838-0, from the fuur coves, is 1,080 1, currency. Of this, how-
ever, a comparatively sitiall poriiun only is likely to be received, as (1 believe) the litigation
for the posseuion ot cove. No. 3, which should yield 750 /. of the whole, h still pending,
and no revenue is, for the time, drawn from it. Till 1843, the revenue from Nos. i, 3 and 4
cannot exceed their present amount - - - . . £.330 - - Cy.
And till 1857, they cannot exceed
£.430 - -
The expenses directly chargeable upon the coves are the same as have just been charged
upon the old concessions, 31-693 per cent, on the receipts ; vie. 10 per cent, for the agent,
and 11*693 for the commissioners office.
The average net yearly revenue drawn from them fur the six years
is thus reduced to - - £. 388 1 6*34 Cy .
3. Tk4 LandioUtm coMti'/u/.— These nine los from the domain were sold, as Mr. Stewart
stated in answer to my inquiries, at rales yorying from so/, to 33/. lOi. per arpent, interest
to be paid on the purchi se-money at the rate of 5 /. per cent, per annum. In (C. 1.) the
total amount of interest due yearly is returned as if,y. fj*. ivt^d,; showing, as the gross
amount
* " Srvrn veont" in ilip trmi !i|Ki'iK<' . 76 7 10
In all ■
- £.48] 8 8*5
Equivalent to more than three years' interest on the entire puichase'moaey, within a period
(averaging from the dates of the several sales) of less than five years from the date of sale !
The reto'us do not furnish anfficient data to enable me to test the accuracy of theae state*
aents ot arrear; they appear correct, and there is no reason to suppoae them otherwise, aa
the transactions on which they are based are all recent.
The expenses directly chargeable on this property are heavy. Besides the 31-693 per
cent, for agent's allowance and commissioners office, a further charge of 34-89 per cent.
Is to be made (viz. for repairs of roads, 88 /. 5 «. 9 d., and for surveys, 6a /. 1 «. 3 d., two
items of expense falling upon the domain), thus amounting in the whole to 66-583 per
cent., or very nearly two-thirds of the receipts.
3. The grant of four arpents for the St. Foi Church is unproductive.
Summary.
Besides the expoises above enumerated, and charged against the several producive
properties in this seigniory, there is returned an item of —
Miscellaneous expenses, amounting for the six years to • £. 71 15 10*5 Cy.
which does not appear to be chargeable in particular upon any one property more than
upon another. It may, however, as a common charae, be divided proportionally between
them, and thus divided ; it becomes a charge of 1-648 per cent, upon the gross receipts for
each. The total expenses of the several properties after this addition stand —
Total expenses on the concessions - - - £. >3-34i per cent,
coves .... 93-341 „
land sold en constitut
67-331
i
i
m
lof the
The total gross receipts, then, from all sources, have amounted —
For the six years, to - .... £.4,355 9 3 Cy.
Or, on an average, yearly, to • - - 735 18 3-5
Reckonip' the whole number of arpents in the seigniory, in any way disposed of, this
gives us an average gross yearly receipt per alienated arpent of - £. - 1 4-77 Cy.
Reckoning only so much of the seigniory as belongs to the pro-
perties which produce revenue, the average is- .... - I 6*323
The expenses amount in all to 36-793 /. per cent, upon the gross receipts.
The total net receipts are therefore —
For the six years ..... £,3,188 91 1-54 Cy.
Being a yearly a-.'erage of - - - - 531 8 3-92
And at the average rate per alienated arpent of
£.-
0-28
The total increase of arrear in the six years ia reported at 1,124/. i^*- cy-> ^n amount
which certainly is not exactly correct, though probably it is not very far wrong, and which
is 35*82 per cent, (more than a fourth part) of the actual gross receipts for that period.
Frooi this, it would seem, that of the whole amount which has fallen due in the six
years, more than 20} per cent, has been left uncollected, and more than 3ii per cent, ex-
p<-nded upon collection and management ; the net actual receipt falling more than 4i| per
cent, short of the grosa estimated income.
For the year 1818-9, the gross estimated revenue of the seigniory (exclusive of lods et
ventes) is set down at 1,455 <. >3'- S'75 <'' (^y-
It remains only to speak of the value of the 200 arpents of the domain, which constitute
the unalienated portion of the seigniory. This tract Mr. Stewart slates to have been valued
in 1831 and 1833, when the 153 arpents were sold at pretty much the price at which these
latter sold, — say 30/. per arpent. Real estate has since fallen so much in value, that
he states himself to oie unable now to assign any positive value to tlie unsold tract. It
might be worth 10/. per arpent, sold en con.; but he should think certainly not 15/. It
has been for sale ever since it was first set up in 1831, and has never had a price offered
fur any part of it at which it was worth while to sell it.
303.
F a
I «.— ST.
Ai
{h
APPENDIX TO REPORT ON THE AFFAIRS OF
% a-^T. GABRIEL
The Mcond teigniory in order is that of St Gabriel, or Aocienne et Jeune Lorelte.
laforoMlion in regard to ir it contained in iht: return* (A. t.), (A. 3.)>(A. 4.)>(A. 6.)>
(A. 7.\ (B. «.)• mA QD. 3.) Id tablet (F. i.), (F. 3), and (F. 3.), it followt next after Sillery.
PoiiTioN, ExTBMT, fcc— This teigniory, alto, it at no great diiiance from Quebec,
lying in a north>wett and north>nortli-wett direction from it. It it bounded in front by the
leigniory of Sillery. the tear line of which it ita front line. The tide lioet run back in the
Hunc direction at thoae of Sillery ; the fief St. Ignace bounding it on the north-eatt, and
the leigniory of Godanrille on the lonth-weit In the rear it 11 bounded by land not yet
tettled.
According to( A. i.).it nicaturetti leagaet in front by loleagnet in depth, and containt,
therefore, about 105,840 tquare arpenit, or ten timet the extent of the teisnioiy of Sillery.
Of thete, however, only 41,600 arpentt are returned at " larveyed,"— teaving therefore
• remainder of about 64,340 arpcnu (more than tliree-fiftht of the whole seigniory, nntnr-
veyed. A tomewhat larger portion than thit, it will be teen, remaint unditpoted of.
AiBins FiBPt.— There are none in thit teigniory.
The knd ditnoted of otherwiie than at arriire fieft and conceuiont it returned in three
amouutt, aa followt : —
1. For the three Banal Millt of the aeigniory .... 370 arpentt.
3. Reterve for Indiant - - - -.- - - - 1,600 „
3. Grant for two Roman Catholic Churchet within the teigniory - 6 „
In all
- ',876
The CoNCBtiioNt, at returned in (A. 1.), ttand thut i
Old concettioni . - . .
New
13,000 arpentt.
a5«4oo „
Total extent conceded
- 40,000
Suppoiing the firtt and tecood of the above retarnt correct, the third containt an obviout
blunder. In hct, from the figurei at they ttand in the other columni, I am led to conclude
that the t, 600 arpentt of the Indian reterve, beiidet being returned in another column,
have been careletily added in here, to make up the amount at it atandi. If to, the grott
aum total of land granted by conceuion it 38,400 arpenit. The proportion of thit
amount which :t taken up at "old" and "new concettiont," retpectively, remaint
to be contidered. The return it agrin obvioutiy incorrect in thit point, at a reference
to the information fumithed in the other returns will show. For thit parpote, however, I
mutt refer to the returns (B. 3.) and (C. 3.), and the revenue of the concettiont, a little out of
the order followed in tpeaking of the former teigniory.
The return (C. 3.)> then, it in much the tame condition with (C. 1.), before noticed. There
it not a tingle (late, nor a tingle specification of sixe given, for any of the concessions, old
or new. In the return of "old concessions," we have merely the names of 337 centitairet
Siven, with a ipecified rental (varying very considerably in amount) tet down to each. In
lat of the " new concettiont." we have a list of 94 censitaires (the same name being,
however, in thia latter list often repeated more than), ouce at though the list was in thia
cate a list of holdingt rather than of holders. In both lists, the return of arrears is limited
to " arrears of cent et reniet ; " no tutement of the " arreart on lodi et ventet " being to
much aa attempted.
Such at it it. however, the information contained in this return is utterly irreconcilable
with the extent aatigned to the old and nejv concettiont in (A. 1.) Thit will be bett teen by
placing them in juxiapotition : —
Old concettiont
New -
(SmA.1.)
Arp«Dt>.
13,000
35^00
Cenillum.
387
94
(8w C. t.)
Grow YmvI; Rratit.
^•77
39
18
7
3 cy.
4*5
Tc tuppote that 13,000 arpenit, conceded at an early period of the settlement of Canadn,
bear a rental almost double what it charged upon 35,400 arpentt concesing ihem to cover 35^00 arpents, allows for them (being ■736*/.
cy. per arpent). Now, ii. point of fact, the rate of concession hat every where risen tince
the earlier concessiont were made ; and the present rbte of concession throughout the Jesuits'
cttatet it (according to Mr. Stewart^ about t d, iierling per arpent.
The
'K
BRITISH NORTH AMERICA. 113
The return (B. a.) «Jm>, preMoti the foliowiDg retolu, hardly Icniat variance with (A. i.)iD
thia particular, or lets confirmatory of this view of the correction rtquired : —
Actual Reociptt : —
For Om Hi Y«n Mdhg ia ] SIT. Amp ft Anain.
From Old conceuiom, £.759 7 1175 cy. • • £.i&5 7 11*96 Cy.
w New „ «a9 3 S'5 - - 38 3 W9»
In tablet (F.) and (G.) accordiujgly, I have made this altemtion, though not altogether lati*-
'ficd that it is all that is required. The extent of the new conccMiont itill appears too
large ; perhaps that of the old may be too small. On this point, conjecture is hopeless. We
assume the concessions then to stand —
Old concessions .... 95400 arpents.
l*** w .... 13,000 „
In all ..... 38400 ^
The land still rndisposed of is returned in (A. 1.) as amounting to 65,570 arpents, a sum
which (as usual) does not square with the other amounts siven in the return :— 05,564 is the
extent remaining after the deductions above-named have oeen made. This tract lies wholly
in rear of the seigniory, and only 1,334 arpents of it are as yet surveyed.
Tlic disposition, then, of the lands in the seigniory is as follows :—
Total extent, about 105.840 arpents.
Unalienated, a tract in rear, (64,340 arpents of which are unsur-
veyed) about 65,564
Arriere Fiefs ......... none.
Reserved for three mills ........ 370
„ „ Indians .._....- 1,600
Granted for two churches ....... 6
Concessions, old ......... 25,400!
„ new -....--.- 13,000?
The revenue of this seigniory is drawn, as will be seen, entirely from two sources, the
concessions (old and new) and the mills. To.foUow the arrangement in tablet (F. 3.) and (F. 3.)
I. Abribre Fibps. — ^None.
II. Concessions.— Of the deficiency of nearly all the returns for the concessions, I
have already spoken. It will require to be borne in mind here, also,
1. Tlie old concessions I have set down at 35,400 arpents (perhaps more), occupied,
-according to (C. 3.) by 337 censitaires, and at a yearly rental ("cens et rentes*') of
77/. i8<. 3 d cy. The average yearly payment required of a censitaire, on this score, is
' thus only 4«. 0*18 £.399 3 -'35 Cy. - . £.66 to 4*04 Cy.
Lodsetventes - - - 353 5 >»*6 " " 58 17 7'92
In all - -£.753 7 1175 - - £.125 7 11-96
From this it appears that the whole amount paid in yearly on these concessions has
averaged not quite ild.cy. {viS^d. — perhaps less) per arpent ; and from each centiiaire
7«.9'i4d.cy. The lods et ventes are liereaiouiceof revenue, rather lest productive than
the cens et rentes, a result very difierent from that shown by the accounts of Slllery.
At the above rate of collection of cens et rentes, at compared with the grots rental, it
it clear that there must have been an increase of arrear on ttiat account during the tix
yeart : —
Actual yearly receipt on an average - • . • .£.6610 4*04 Cy.
Estimated yearly rental - • - - . - . -77183
Contequent yearly increaie of arrear - - - - - 11 7 9-96
And in the tix years ....... £.68 6 1176
303. »3 The
ill"
M.I
, I'M
I
^
.»<**(>
l«| APPENDIX TO REPORT ON THE AFFAIRS OF
"Die retnin of «n«ara in (C. 9.) give a different nmU ; Uim again showing the little value
to ije attached to the«e arrear accounts :—
Arrcanof cent et rente*, on old concessions, on 30 Septemher 1831 £. i,6g9 11 7 C7.
» w » i> w » 1837 >>733 17 1
Consequent increase of arrears in the six years .... 94 5 6
Little more than one-third of the amount shown by the other returns.
2. The new concessions (estimated at 13,000 arpenu, or less,) are held, we have seen,
by 94 censitaires, at a yearly rental (cens et rentes) of 39 /. 7 *. 4*^ d. : at an average rental,
therefore, of 8 «. 4'sd. cy. each.
The actual receipts from them have been, according to (B. a.)—
Fur the Six Ye*n. A*• »» w n n » n »837 41a 16 8
Consequent increase of arrear ill the six years .... ai^ ig g-^
Almost half as much again as the amount which the other returns prove to be the highest
amount of increased arrear that can have accrued.
There is no attempt made to give any return of the arrears on loda et ventes, either for
the old or for the new conceuions ; nor are there any sufficient data furnished oa which
to found a satisfactory estimate on the subject
The expenses directly chargeable on the concessions are, as in the seigniory of Sillenr,
31*693 per cent. It will be seen, however, that this ^roentage requires to be considerably
increased, in consequence of the amount of " miscellaneous expenses" to be noticed
present!y.
III. — The Lands othebwise disposed op, viz.
1. The three mills, with their 370 arpents, are at present leased at a gross yearly rental
of 151/. 101. Cy. One of the three is an oat-mill. The leases are all for seven years. One
has fallen in since the return was made; another runs to 1843; and the third, that of the
oat-mill, expires in 1845.
The actual gross revenue from these mills, according to (B. 3.) has b«en —
For the six years ..... £.693 13 6 Cy.
Average per annum - • - - 115 la 1
From (A. 6.) it appears that in 1831 there were no arrears due on these mills; but that
on 30 September 1837 an arrear had accrued of 338 /. 16$. 6 d. Cy.
The return of the present rental is not sufficient to serve as a test of the correctness of
this statement ; but it shows that there can be no material error in it.
The expenses upon these mills are heavy. Besides the 33*693 per cent, for agent and
commissioner's oftice, tliere is a charge of 363/. 6s. lod. (37*97 per cent, on the gross
receipts) for " repairs" during the six years, which raises the sum total to the rate of (30*663
percent.; an amount which does not, however, include all the expenses incurred.
3. The Indian reserve, and
3. The church grants, are both of them unproductive alienations of territory.
SuMMAny.
^
^-'
BRITISH NORTH AMERICA. m
Summary.
Beiidn the itemi of receipt and expenditure above enumerated and chargeable directly
to one or other of the productive properties in the aeigniorj, there nre leveral small snms
niumed in (B. 9.) as the proceeds of " proofs verbals, amounting altogether, in the six
years, to 1 9 ^ lit. 3d. Cy. As an offset to these collections, there are several charges of a
I'ke general character. These much more than balance the receipt above named, amounting
IB the six years to—
Roods and bridges ■ - • • • £.34 6 -Cy.
Surveys - - - - - -- 54 15 6
Miscellaneous expenses ---'37 149
Total
- i.ii6 15 3
These expenses, together with the charge of 91-693 per cent, upon the 19/. 131.34.
collected, (for agent's and other expenses of collection and management,) must be taken
into account, in balancing the receipts and expenses of the seigniory and its constituent
properties.
It will be remembered, then, that, as in the preceding seigniory so in this, the real per
centage of the expenses upon the receipts for each property is somewhat heavier than is stated
io tlie table (F. 2.) owing to the additional charge ot these expenses. In this seigniory the
excess of aiiscellaneous expense over receipt is 1 16 /. 1 8 1. 6*54 d. Cy., being &g98 per cent,
on the total gross receipts of the seigniory. This sum, then, requires to be added to the per
centage before stated for the conceisioiu and mills. In the seigniory of Sillery the addition
of the inisrellaneous expenses made but a trifling difference. Here it is more importanC
The expenf.es on the conccsiions are raised by it to
And those on the mills to - - - -
28*691 per cent.lon the gross receipts
^7'59t „ J from each.
The total gross receipts for this seigniory have amounted
For tt w six years to
Or on an average, yearly, to -
£.1,687 15 9*95 Cy.
281 5 io'37
A gross yearly receipt, which gives an average of i'6i6d. Cy. per alienated arpent in the
whole seignory.
The expenses have amounted in all to 44*803 per cent, on the gross receipts, jot far from
the half.
The total net receipts have been —
For the six years - - - - - £.931 lo 7'39 Cy.
Being a yearly average of • - - - >55 5 t'92
And at the average yearly rate per alienated arpent ot'gi^d. Cy. only.
The total increase of arrear within the six years is unasoertainable, as there is no return
made or attempted of arrears on account of lods et venies.
The increase of arrear on cens et rentes and on the mills can be ascertained, or nearly so.
The returns make it 462 /. t «. 9' id. currency. We have seen, however, that two out of
three of these returns are in error ; the return for the old concessions being considerably
iioder, and that for the new above the mark. Corrected, they give us a result of, perhaps,
a little less than 439/. 13 s. 4*76 '. being not far from 37 per cent, upon the actual gross
receipU for the period from those sources of revenue alone.
Exclusive, then, of lods et ventes, it appears that of the entire amount falline due within
the six years in this seigniory, 27*007 per cent, has been left uncollected, and 32*703 per
cent, (nearly) expended upon collection, management and lepairs ; the net actual revenue
thus falling 59*71 per cent, short of the gross estimated income.
For the year 1838-9, the gross estimated revenue of St. Gabriel, exclusive of lods et
ventes, is returned at 968 1. i5». 6*5 d. Cy.
For the 63,564 arpents as yet undisposed of, it is not easy to assign a value. About one-
fiftielii part of it only is surveyed. The unsurveyed portion of it is wholly in rear of the
surveyed part of the seigniory, according to Mr. Stewort ; and even the surveyed part lies in
rear of the conceded tract. According to this statement the nearest part of it should be
not quite live leagues and a half distant in a direct line from the St. Lawrence; while in
its remoter portions it extends above six leagues further back, with a breadth of one league
and a half tnroughout. Of its quality as good land or bad, I could learn nothing from
Mr. Sifvart, except thol the concession of some lands on the St. Anne's, lying quite far
back in tl\e ungrunted tract, had been applied for within the last two years " by a few indi-
vidual.." The application was refused, because the intermediate lands were not granted,
and it was not worth while to survey land so far back for so limited an extent of concession.
The small amount of surveyed l.:uu in the seigniory open to settlement Mr. Stewart stated
to be tlie consequence of the very trifling demand for land in that quorter, and the very
poor return from it if granted ; from which causes, taken together, it was not worth while
to expend money upon further surveys, to lay out land for concession.
303-
P4
% 3.-N0TRE
I'j
1
fs
i,i
^^
•*^
APPENDIX TO REPORT ON THE AFFAIRS OF
% 3.— NOTRE DAME DE8 ANGES.
The Mignionr of Notic Dane dca Anse*, or Charlctbourg. is next in order.
Infemutioo in itfcreoce to it is coniuiitd in the rctomt (A. i.)i (A. 9.)( (A. 3,), (A. 4.), .
(^ 6.), (A. 7.). (B. 3.) and (C. 3.) In tablci (F. 1.), (F- a.) Md (F. 3.) it foUowi next
after St. Gabriel.
PoaiTioN, ExTiMT, kc.— This Migniory i« cloie to Qnebeo, lying to the N. and N. E.>
and icpaiated from the St. Roch luburb only by the River St. Cluutlei. It frenU partly on
the St. Charlea, and partly on the St. Lawrence, and its lide line* ran back in a N. W.
direction, the N. E line dividins i: from the »signior| ol° Bcauport, and the S. W. line
from that of Donainville. The land in rear ia laid out in township.
It is returned as extending one leagae in front by four leagues in depth ; and its pixMs
area ia ihere.bre about t8,*34 arpenls. The whole of this extent is surveyed and ditpoaed
of by concession or otherwise.
Abiibbb FiBf. — ^The Arriire Fief of Orandpr^, containing (see A. a.) 9,498 arpenls, is
omitted in (A. l.) 1
LaHDS DISPOSBD of, OTBBBWISB THAM as ABBIBBE FiBFS OB CoNCBSSIONa. —
These may lie specified under three heads.
1. Three farms and a meadow (the " Meadows of Auvergne"). — ^The reiom (A. 1.)
specifies only one farm, the " Domain Farm," covering " 373 arpents." (A. 3.) returns
three farms, one of which is called the " Domain Farm," and is leased for seven years,
endins in 1845. It* extent is not ttated in (A. 3.) The other two farms, which are men-
tioned in (A. 7.) as well as in (A. 3.), have been sold en consiitui, bat ilieir extent is not
stated. Whether all three together make up the 373 arpents of the original " Domain
Farm," or whether the leased farm so calleil covers the whole, I have no means of judging*
In the ubica (F. 1.), (F. 3.) and (F. 3,), I iiave supposed the former, to keep as near the
returns as I could. The meadows of Auvergne, 38 arpents, are under lease for seven years,
endins in 1843.
3. For two mills there are returned as reserved 180 arpenls.
3. And four arpents have been granted for a Roman Catholic parish church in the
seigniory.
The Comcbsiiohs. — ^Theseare *ialed in (A. 1.) to cover —
The old conceuions ...... 33,744 arpents.
„ new „ 5,000 „
In all - - - 37,744 „
All three amount* may eaaily be proved from the other return* to be incorrect. It i* not
equally easy so to correct them as lo make it certain that the results are perfectly accurate.
The alienation* already mentioned cover 3,981 arpents, leaving only 35,343 arpents for
the " cuncessions," instead of 37,744 arpenls.
Of the other two amounts, that set down to the new concessions is clearly set aside by
the return (C. 3.) in which their present holders are reported to be 47 in number, 34 -if
these holding 3,708 arpents only. The remaining 13 are entered at rentals which avermee
no higher than those of the 34, and the extent of their holding (though not reported)
clearly cannot raise the whole to kjuco. This number, it is evident, has been written at a
suess in (A. i.)> to make the numbers for once look upon the face of the return correct.
The Fief Grandpr^ having been omitted, its extent, with a lew arpents over (the four
arpents returned for the church), has been added in under the concession column, and
shared hap-haaard apparently between the old and new concessions.
I can make no better correction of these amounts than by allowing to the new conces
sions a grou extent of ......... 3,700 arpents.
A conclusion which is. I think, warranted by the return (C. 3.)
For the old concessions there will then remain an extent of - • • 01,543 „
Thus making the concessiona in all cover the required ... 35,34a „
^^^"■■^
The territorial division of the seigniorv, then (which, if not correct, is at least as near
the truth as the returns enable me to make it), is as follows :
Toul extent -.-----. 38,334 arpenU.
Unalienated ...----. none.
Arri^re Fief, i ....... 3498 „
Farms, 3 - - - - 27a arpents ?\ .
Meadow. I 38 ,, | 30O „ 1
Reserved for two mills ---.-. tSo .„
Granted for a Roman Catholic church ... 4 »
Concessions, old ....... 31,543 „ 1
„ new - . - . - . 3,700 „ ?
The-
-I'
BRITISH NORTH AMERICA.
't
"7
The RiTiNCB or Um Migniory it drawn m fellowt:
I. Taa AiBisBB Fibp, Obandpbb, ii lisid under the condition of payinc to the caute*
" one jear't revenue every mutation." Thin, bowevcr, can hardly be laid to tm it out of the
dan of nnprodnctiva alwnationi.
ir T«B CoKCBitioNi.— The return (C. 3.) it not much 1 » defective than the two otbet
retunia of iu olau already noticed. For the old conceMiooa, it givea neither date of grant,
original grantee nor extent. For the new, it gives the dates of concetaion (between
10 January 1835 and 9 October 1835). "od the amount conceded to 34 out of 47 centitaitee.
1. (Xd conceMioni.— The ai,«4a arpeoU, more or leu, coaitituting the grow extent of
the old conceMioni, are occnpieo (C. 3.) by asp ceniitairet, under a grow yearly charge of
7a /. 3 «. 0*7 « . . - . . £.58 18 5*33
The return (C. 3.), though not quite in a|(reement with thit retult, comet much nearer to
it than thote of the two preceding teignionet : —
Arrean of cent et rentet on old concettiont, on 30 Sept. 1831 £. 1,585 3 0-35 Cy.
.» .. » „ »837 >.547 »9 875
Contequent decreate in the tix years . . • . £. 37 3 3*5
' ti
The return of arrears on lodt et ventes it, I presume, defective. Only two small
amountt of anear are specified for 1831, and one for 1837, to the following amounts : —
Lods et ventes due on old concestioni, on 30 September 1831 - £.33 10 -Cy-
•> .. „ ,. 1837 - «9 3 4
Decrease in the six years
£.368
It is scarcely possible that the collections should have been so much more pnnctaal
here than in any other of the teigaioriet under the tame management, as to have left only
these trifling arrears due at either of these periods; especially in view of the heavy
imounts of arrear on cens et rentes acknowledge to have been and to continue due
upon these very concessions themselves.
8. The new concessions (estimated at 3,700 arpents) are held by 47 censitaires, at a
f;ross rental of 16/. 11s. r35 .7)--
Hie expenses on these mills have much more than equalled the receipts { so that during
the six years, the estates have sustained a positive loss from them. The " repairs" alone
amount to 416/. 10s. ; 119* per cent, on tlie receipts. Allowing for the other charges to
be made on account of the receipts for expenses of agent and commissioner, the per centage
is raised to 140-693 per cent, besides "miscellaneous expenses* to be mentioned pre-
sently.
3. The church grant is of course unproductive.
SUMMAKY.
^IPPPHJP^
BRrmu NORm ambriga. 119
SvHMAar.
The niMcUaiMOM iccvipM and wdmmm wa iomII. on ihto Migoioiy tl. an mnraai at
piocacdi of " Procds Verbali," and s^L ij$. s*5«., aa " atiMeihuMoai Mptnaaa." The
balanca 38 1. («. 7*63 A (im Tabic F. t.) it 1*604 per oeat. on the total groio reoeipti of the
■eigniory. Thi* raim in« total npcntet, therefore, chargeable on the leveral prodootive
piopeniei, as oearljr aa waj be,
On the concewioM, to 93*317 per eent.1 on their groH
„ fannt „ a3*3>7 » > receipu re-
„ miili „ »49'3«7 .* J •p«etl»eljr.
The total grou receipts of the seigniory have amotinted —
For iho sia yean, to ,.£.9,35617 095 Cy.
Being an average yearly of 39« '6 ''04
And at an average yearly rate, therefore, per alicnateUarpent, off. - - 3*34 Cy.
The '■^penses have amounted in all to 41*003 per cent, upon the groat receipts.
And 1 .0 total net receipts have therefore been —
For the six yean - - ..... £.1,389 4 4"49Cy.
Being a yeaily average of - ..... 931 10 0.75
And showing an average yearly rate pet alienated arpent, of £. - - i'969Cy.
The total increase of arrears on this seigniory in the six years,
according to the returns, is> - - - - • -£.
The reimn, nowever,of the arrewrs 00 cans et rentes, I have shown
to be in error, making the diminution of arrean on that aoooant
too small by .........
>.a35 9 9'»5
»5 »5 »75
Deducting for this, we have ...... .£.1,919
U 7'6
M the true total. This result is by no means certain, however, owinc to the apparent
deficienciei of the arrear returns of lods et ventcs. Ii Is not proliable, nowever, that the
arrean on lods et ventes have either increased or diroini«hed so as materially to affect it.
If so, we have an increase of arrear, in the six yean, equal to 51*75 per cent, (or more
than half) of the entire grou receipts of the six yean ; and thus of the eniire amount which
has fallen due in that period, 34*109 per cent, has been lef^ aneollected, and 97*09 per cent,
more expended in collection, management and repain; the actual net receipts being
(6i*i93 per cent, under) less than two-fii\hs (38*878 per cent.) of the grots estimated
income.
For the year 1838-Q,
returned at -
the estimated gross income (exclusive of lods et ventes) it
£.563 4 9
PS
ie
to
ze
lY.
% 4-— BBLAIR.
The next seigniory in order is that of Belair, or La Montague an Bonhomme.
Information m regard to this seigniory is contained in the returns (A. 1.), (A. 4.), (A. 6.),
(A. 7.), (B. 4.) and (C. 4.) It follows the seigniory of Notre Dame in the tables, (F. 1.),
(F.9.)and(F.3.)
Position, Extbnt,&c. — It lies in a westerly direction from the seigniory of St. Gabriel,
already described, being separated from it by the seigniory of Godarville,and is at some
distance back from the St. Lawrence, the seigniorv of Iwmaure or St. Augustin intervening
between them. Its front line is the rear line of tbis lastwiamed seigniory, and its rear line
is on the river Jacques Cartier. On the north-east the seigniory ot Godarville, and on the
south-west that of Poinle aux Trembles, form its aide-lines.
The return (A. 1.) slates this seigniory to be one league in front by two leagues in depth,
half the tise of Notre Dame, but rather larger than Sillery. In the warrant tor the occu-
pation of the estatet by the Crown oflBcen in 1800, 1 find iu dimenaiont set down as
* dii-
poaedof:—
Total extent M»uta rpenu.
Of which there remain nnditpowd of flio
ConoeMioM, old 9i««»7
„ new 4.715
The old coooeMioos, aoooiding to the retnm (C.4.), (which in regard to then i* ui
deftotive at any of the preceding retumt of this olaM yet noticed) are held by 130 cen-
•itairet, and their aggragau of cent et rentee, veariy, it tjL 7*. iid., being at the rale of
not qniie |dL CiTX'jiid.) per arpent 00 the nnmber of arpent* reported, and on an
avenge 4*> >'57<^ Cj. per cenaitaire.
The groM raceiptt on then are reported (B. 4.) to have been—
Pto «W lb YMtii A**ip ft Arank
For eem et rentea . . - £.139 14 1*5 Cj. f.as 3 4-a5
„ lodtetventea - - - ai - 10 3 10 v9y
In all • - £.159:411*5 i.»6 12 5-99
The whole actnal receipt from both loarcct of revenue falling a little ihort of the ettinated
revenue from one. The lodi et ventes, however, from the lituaiion, kc. of the seigniory
are worth little in tliis case.
The increase of arrear on the cens et rentes, it follows, though not very great, has yet
not been inconsiderable daring this period :—
The average yearly receipt has been - • £. 93 a 4*95 Cy.
„ estimated rental - - - - -97711
Average yearly arrear • - -- - - 45 675
Increaseof arrear in six years . - . -£.35 13 4*5
The return (C. 4.) gives a very different result: — — ^— ^^
Arrears of cens et rentes on old concessions, on— >
Septcnber3o, 1831 - - £.630 7 6 Cy.
Ditto • - ditto, September 30, 1837 * ' 631 13 10
Increase of arrear in the six years • - - - £.1 5 4 only.
The new concessions ara held by 71 censitaires, at a rental of 18/. g$. 9*35^, nearly
I d. Cy. ('9484.) per arpent, (uking fthe larger of the two numbers of arpents reported,)
and 51. 9'5a. Cy. on an average per censiiaire. Of the 71 holdings, 44 have been con-
ceded since September 30, 1831, between March 9, 1833, and July 9o, 1835,) and ay only
before that time.
For tile six years nothing has been collected on these concessions, either for cens et
rentes or lods et ventes.
The increase of arrear on cens et rentes is thus reported in (C. 4.) :
Arrears of cens et rentes on new concessions, on—
September 30, 1831 - - £.31 4 5-3507.
Ditto - ditto - September 30, 1837 - - 150 10 375
Increase in the six years - - - - -£.119 5 10-5
This relom, however, is obviously inaccurate. Had all the 71 concessions been held for
the six years (instead of onr having 44 of them held only from sf to 4^ years), the whole
six years* accumulated rental would have formed an arrear of nol > ... .» ...
morethan / '• "» >» 7'5
The increase of arrear indeed should have been about - . - go - -
No account of arrears on lods et ventea it attempted for old or new concessions. On the
now, I presume, no lodt et ventet have ever accrued ; on the old, it it not likely Uiat in
the course of the six years they can have amounted to any considerable turn.
Tlie expentes directly chargeable on these concessions are, us uiual, 31-693 per cent, on
thv' receipts.
SaUMARV.
T
"TP
BRinSR NOimi AMERICA.
Ill
SOMMABT.
MiMtUaiMom lUmiptt Mil EipcniM — A •«• of 34(. 6i. 3^ hu btto colkMii to th*
•U yean (B. 4.) from IM ocMilaiiM, Air «xp«niM of t Mrrty (" Pro«^ vcrbaCOi 'Ml the
art to bo
- - . , i'4lrf.('~
5-673 per ocBi. npon iho loul groM raocipu of iho Mtmiory, and rabot iba total txptniaa
whiira art to bo obargtil npoa tbo concoMioot, at noarijr *• nity bt, to tj-OfH per oant. on
tbcir raccipti.
«Nctiian«fia« iwccipn ran iuip«nNi.^>A ■am 01 34(. Of. 3*. nai oeeo coiiaa
yean (B. 4.) from ino ooMitaiiee, lor oxponiti of a Mrrty (" Pro«^ vorbaC^
,tnitof a ■orrey (39/.), and io«M aueollaaaoat itomt (aJL 51. 7*5 d.),
cbarged against it. Tha exoeis of axpenie over ractipt, 11 <. 8 1. 4l'Aid, (ait Tablo F. 9.) it
The total groit recaipU for the toignbiy i;ave anwantcd—
For the tix yeart to - f. 19717 ysCy.
* 19 6*9a
Or on an averagt yearly to
3fl
A groit yearl* receipt, which givet an avera(;e, par alienated arpent, of 's/SgA Cy., little
more than i «. Cy. per arpcnt.
The expentea amount in all to 46*003 par cent, on the total reoeipu.
The actual net revenue hu been reduced by them—
For the tix yean, to £.11313 4*56 Cy.
Being a yearly average of 1818 1076
And at a rata per alienated arpent of ■3a7 d. Cy.
The total increai* of arrear in the tix yean cannot be exactly atceruined, owing to the
want of returnt of atrcan on lodt et ventet. Thete, however, probably would not materially
aflbct the retnlt.
Exclotive of lodt et venMi, the arrean have increaaed (according to return C.4.)^ in the
tix yean - - - - - - - - • £. lao 11 a'^Cy.
Though both the itemt in (C. 4.) are, at * have thown, in error, the erron in thit cate u
nearly m powible balance one another, to k^ to leave the retult of the addition of the two
itemt the tame. Thit tum, then, it rather u^ore than 60 per cent, on the total grou re-
ceipts of die teigniory for tha tix yeart. Taking thit ettimato we arrive at the condntion,
that of the entire amount which has fallen due in the tix yean, about 37 per cent, hot lun
into arrear ; and another a8 per cent, has been expended in collection and management,
showing a difference of about 65 per cent, between the groet duet and the net teceiptt of
the teigniory.
For the year 1838-9, the gnwt computed revenue of Belair (exclutive of lods et ventet)
it returned at 45/. 171. 8-a5«f. Cy.
The 910 arpentt not yet ditpoted of may be considered, Mr. Stewart tayt, at worthlen.
In fact, all the " new concetsiont" he itatet to be poor land, taken up by thote who hold
them, not for tetilement, but at wood-land. The fact of the non-collection of cent et
rentet on the new conceuioni it, I pretume, to be atcribed mainly 10 thit cauie.
S 5.-ISLE AUX REAUX.
The latt teigniory to be noticed in the diilrict of Quebec it that of hie aux Reaux.
It it meutioned only in returnt (A. 1.), (A. 6.) and (A. 7.). In the Ubiet (F. 1.). (F.3.)
and(F.3-), it followt next after Belair.
Thit property it hardly worth calling a teigniory, and indeed may almost be called an
unproductive properly. It it an idaiid in the St. Lawrence, below the itland of Orleans,
and containing only 336 arpenu. Mr. Stewart informed me that the whole itland wat long
ago grantetl in a tingle concettion, and that lodt et ventet had been paid upon it on the
taie of the concettion, thouj^i no payment of cent et rf Ptet had been made, he be ' eved, for
tome 30 yeart pan, on account of the impoitibility of collecting the trifle chargeable upon
it yearly, at such a distance from Quebec and the other properties.
In (A. 7.) the amount of cent et rentes yearly due upon the island\ , _ io'« Cv
is relumed as ..-.-----/ '" ^ ^ ''
The arrean of cens et rentes are thus returned in (A.6.):—
Due on September 30, 1831 £.15 '9 7
„ >837 »o ' "'5
Increase in tha six yean • • - £. 4 ;) 4*5
■'' I
303.
«3
(*.) In
^WF
T
^
APPENDIX TO REPOn ON THE AFFAIRS OF
(*.) In the DUtriet of TmikB Rivsit.
S I^BATISCAN.
In iht rfiiiriei of Thrtt Rlwra, the llni Mif «k>r? In ordtr it liwt of Baittean, mmlioMtl
tn rttumt(A. i.X (A. • ). (A.3.), (A. 4.), (A. 6.), (A. 7.), (B. S.), nnd (& 7.), mm! in mMw
(F. I.), (F. I.) and (F. j.). Am wnIot kttor (».)
PoiiTioii, EsTtMT.IU!.— ThtebihclnrgflMMifpiianr bMuot bclongiag to lb* cmum.
It formt the noribH>Mi part of ihc counlv of Champlain, in front line extcn«aM tide lino being the line which dividet th«
district of Three Rivcrt from that of Quebec, and th« county of Champlain from that of
Portneuf, (in the ri-iii'>ir portion of which liet the Migniory of Belitir already nmacd,)
it* >outh-w(«i aide liur tecMrating it from tlw Migniory of Champlain. and its rear line
(which with a great part of rhe tide line* are a> yet uniurveyed) diviaing it from iandi
not yet granted by the Crown. The river Batiicon fulln into the St. Lawrence within the
limiii of the tciKniory, and it* coane, for a contiderable diaiance from it* month, liaa
within the trigni'iry.
Ita recorded dinieniioni are two league* along the St. Lawrence, by ao leagnat in depth.
With what degree of accumcy the two leagues nave been laid off. I have no information.
Tlie ao leagics in ihr other direction have never been memnred at all.
In (A. 1.) I « content* in K|uarr nrpentt are returned ai precisely 40 M^uare league*, vii.
383,340 arpenis, of which 70,054 (nearly 10 square leagues,a tract extending on an average,
tlierclure, hve Uagu«» into the interior) is surveyed. The unsurveyed remainder, with a
small part of the surveyed portion, remain* ungranted and unproductive.
Abribrb Fif.v.— An unnamed Arri^re Fief, held by the seignior of ChampUin, i* re-
turned in (A. 3.)> but omitted in (A- i.), where it ought alio to have appeared. It is
■ quarter of a league in front by one league deep, and conuina, therefore, 1,764 arpentt.
The pccnniarv return from it is nothing.
The Land disposed of otherwise than as Arri&re Fief or by Concession, is divided between
the following properties, of which 1 Rnd mention made in others of the retuma, thongh
not in (A. 1.) where they onsht also 10 have appeared.
1. Tile Domain Farm (under lease) is returned (in a first* draft of A. 1.) as containing
360 arpents, an extent, however, which I think include* another property besides this, to
be mentioned presently.
3. The Fonr Mills, retomed in (A. 3.) have (according to the firat draft of A. i.)a reacrrc
of lavan'^** attached to them.
3. Three Ferrie* arc returned in (A. 3.) as a source of revenue ; but I find no return of
the amount of land (if any) leased with them.
4. Saw Logs are also mentioned in the same way, but without any return of land for
them.
5. A piece of land, sold en conttitut, is alao returned in (A. 3.) and no mention made of
its extent. 1 presume it is in reality a part of the domain farm, and the leaaed farm above
mentioned the remainder. This conclusion is confirmed by tlie low price returned for the
one (160/. 101. pc/.Cy., yielding an interest of only 8/. o«. dd.) and the lowest rental (15/.
only) paid for the other.
Tb* CoMCBiiioMa are returned in (A. i.) at tbe following amounts: —
Old conoe**ioo* • ... - 41,078 arpentt.
New „ 85,361 „
In all
- 66.439
These amount* are copied from the detailed return (C. 7.) the only one of it* clats which
approaches ih« characler of a complete return, made in the form required.f
The unalienated remainder of the seigniory is estimated in (A. 1.) at <094)37 arpents;
but no reason appears why this number is given, as it doca not square in any way with the
other amounts returned. The remainder indicated by tbe reported extent of the preceding
alienated tracts is 313,553 arpenii. According to the return (A. 1.) it would seem a*
though another alienation of 3,61 5 arpents in extent (of which 9,349 arp«nts, or more,
must lie in tlie unsurveyed portion of the seisniory) had been omitted in the returns.
Possibly, a tract of this character may be leased with the saw logs; but the returns do
not in any other way vindicate any thing of tbe kind.
The
* Sec accoiDMuiyiiiK paper, marked (I.) The retam (A. 1.) m flnt rendered to the cemmtwina, stood, as is
then- stated, diffcnng in • few particulars from its prewnt furm. HariB(( remarked a number m its defects
{as pointed out in this report), I drew the attention of the commissioner to tlicm, and sumoled their cor-
rection. The retnm wasoltcrcd by hin, *o a* to read as it now doe* ; its errors and omasions, by tome
unaccountable misandenrtandinfr, being almost all left untouched ; and the few change* made, in almost
every iustanee (ss in tlic caw of this scigniorv), adding to their number. These cfaaDge* were mode only
a few days before the inquiries of the commission closed, too late for Ihrtber conference with the commis-
sioner OB the subject.
f These amounts ^>pear, on the fiice of the retom (C. 7.) to be the aetaal extent of the concessions them-
selves, and not the iraas extent of the tract they cover, roads, &c. included. In the preceding aeigniories,
the return is obvionsfr of the Utter cUm. I do not know that this is not, and thersfore nave nuido no allow-
ance for the supposed difference of the returns in character, in the tablm(F.1. 2.aiid3.) Ifthe66,439arpents
be the net and not the gross extent of the conoetsiont, the unalienated tract diould be set down at somewhat
Jcai than the cstiuato in tbe text.
T
BRITISH NORTH AMERICA. its
Th« itrriUNrial dUpoMtion of ibis Migniory, ilwa, «p|iMn to b* m foUowt t
Total «x(«nl| about a8fl,a4o arpaau.
UiiaH«Mt«4, a inwl in rear (aia,i86 arpaatt of
wbkb art WMurffljrad) about - tis^aCtrtrypoMibly kw)
Arfl*"! Fcf, I i,7d4
Don I Farn •-•.... 3Ao(or Iom.)
RcMrvad for 4 Milb ..... ifl«
» „ 3 '•»»*« (f)
„ „ BawLogi (0
1 (probably a part of the
Sold ea oonititut ....*. (0>3flo arpcMt abota
J mtntiontd.
ConccMKMia, old ...... 41,078 Uparhaptmor* in their
„ new •....- 35,301/ groM extant.)
The revenneof thi( leigniory it derived from a number of tourcet.
I.— The Abbibbk Fiir it the only unproductive alienation of territory mentioiMd in the
returns.
II.— 'The CoMCBMioNi.
The old concetiioni, covering 41,078 arpcntt, are held (C. 7.) and (A. 7.) by 581 cen-
I groN yearly payment of^ce
(P. i.)u 11'^ l. tj: 3d. Tne retumt (A. 7.) and (C. 7.) are ilightly at variance on this point,
•itairef, •abject to a grow
payment of^cen* et renies, which I have ttated in table
and thi* amount ii in a verv slight degree conjectural. ( A. 7 .) make* no distinction between
old and new cunceuiont, but merely reporu as follows :
Cens et rentes
39 1 minots wheat at 51.
<.903
7
ToUl
£.310 14 3
The following is the return in (C. 7.) : —
On old concessions, for cens et rentes, igi minota wheat (not
valued) argent - - - - - -i. 97-3
On new ditto - - ditto - • • 105 17 -
InaU
£, 309 17 fl besides apt mts. wheat.
It is, however, obvious, from a very slight examination of (C. 7.) tliat the former of thesa
two sums is the result of an erroneous addition, and that the mistake is one of at least to /.
At the top of the eighth paf(e there is summed up an apparently corrtct amount of
83 /. 3 «. 6 £. 380 14 3
According to this calculation the old concessions are charged to the censitairea, at a rate
of '671 d. Cy. per arpent, and on an average of 3 «. 1 1*45 d. Cy. a piece.
The actual receipts are thus stated in (B. 8.) : —
Far tlw Six Y«n.
Cens et rentes ... £.650 18 10 Cy.
Lods et ventes • - - 111 13 1-5
In all • £.763 10 11-5
Armft pn AuBm.
£.108 9 967 Cy.
18 13 0-35
.•37 1 9'93.
Showing a very small receipt from lods et ventes, and from cens et rentes a receipt very
little less than the whole amount falling due on that account.
303. Q 4 The
IM
APPENDIX TO REPORT ON THE AFFAIRS OF
The iocrcuc of wrrear on cent et rentei it shown by thit part of the returnt to have been-
u fitUmri >^''
^.^f*f^'^
Actnal average receipt yearly -
EiUaatod rental . . .
Yearly incrcaie of arrear -
Six yean ditto ditto
- £.108 9 9-67
- "4 17 3
- g 7 y33
38 4 8
In ttriking contradiction to thit retolt it the tta ement of arrears in (C. 7.) : —
Arrears of cent et rentes on old concettioiu on 30 Sept. 1831 -£.468 1 10 Cy.
Ditto -..>-■. ditto - on 30 Sept. 1837 ~ ^^4 7 5*5
Increate in the six years - i.^Bfi S 7*5
More than nine timet the vtmoat amonnt which the other returns thow to have been poi-
tible! If the smaller rental given in (C. 7.) had been followed, the discrepancy would have
been •{reater tiill.
The incieate of arreart on lodt et ventet it tiated thus: —
Arreara of lodt et ventea on old coDcetiiooa on 30 Sept 1831 - £, 840 - 10 Cy.
Ditto .-..-- ditto - - on 30 Sept 1837 " 6>9 8 5
Increaie in the tix years - - £. 379 7 7
If thit retult be correct, the amount of lodt et ventea collected in the tix yeart bat been
considerably leu than one-third part of the amount falling due.
a. The new concessions, 35,361 arpents, are held by 387 censitaires, at a rental of
105 1. 17*., which is at tlie rate of very nearly id. Cy. ('954 dl Cy.) per arpent, and of
51. 6'64d. Cy. on an average a piece.
Th«! receipts for the six years have fallen very far short of this amount. They are thus
returned in (B. 8.) :
For Um Six Ynn. Ann|« par Aunmi.
For cens et rentes - - - £. aoo 4 3 Cy. £. 33 7 4-5 Cy.
„ lods cl ventes ... 37 s o'5 4 10 4*08
In all
- £.337 6 3-5
'•37 »7 8*58
Ths in<;rease of arrear on cens et rentes is thus returned in (C. 7.) : —
Arrears of cens et rentes, on new concessions, on 30 Sept . 1 83 1 .£.133 is 8*5 Cy.
- on 30 Sept. 1837 - 435 »6 4-5
Ditto
ditto
Increase in the six years
£.303 3 8
This mult cannot easily be tested by comparison of the rental with the receipts. About
one-tbird part of the 387 new conceuions appear from (C. 7.) to have been granted since
1831, and a few of them, indeed, since 1837. Taking this fact into account, the increase
of arrear, as above reported, would seem to be only a trifle less than the other returns indi-
cated. Two fifths, or rather lest, of the cens et rentes falling due have been collected.
The arrears of lods et ventes are returned as having increased to the following amount : —
Arrears of lods et ventes, 00 new concessions, on 30 Sept. 1 831 -£.647 Cy.
Ditto .--.-.- ditto - - on 30 Sept 1837 - 78 3 5
Increase in the six years - • £.71 18 10
If I. 'j result be correci, it would follow that little more than oue.fourth part of the lods et
ventes falling due has been collected.
The expenses directly chargeable upon the concessions bre the same a» in the other
aeigniories.
^11. The Lands othbivtisb dispobbd op.
I . The domain farm (the whole or part of the 360 nrpenis reported) it leased for a term
of seven years ending in 1841, at a yearly renUl of 15/. only. During the six years, the
receipu trom it amounted only to 49/. 71. 6d,, beins at the rale of 8 /. 4 «. 7 d. yearly ; not
much more than half its present rental. In (A. 6.) the increaie of arrear upon it is returned
at of.!y 10/. g*. 6d., no arrear being due in 1831. Tltii lelum must be too low, unless we
suppose the rental to hove been raised by the present lease in 183^ from 5 A to 15/.
The expenses ou this iisrm havebecii quite heavy ; (B. 8.) exhibits a number of charges
for " fences, &c.," amounting in the six years to sB/. 6«. g'6 7.) TUna
this wheat at 51. per minot, 6 /. 5*. currency. The deed seems to be unlimited in respect
of time.
The gross receipts firom the four mills are thus returned :
For the six years .... £.1,997 't >i Cy.
16 6 "
Average, yearly
ai6 6 a83
(A. 6.) gives an arrear of 6/. 6 «. 8 cf. as due on 30th September 1837. This sum, I suppose,
is the arrear due on the fourth mill, the only one for which a determinate rental is paVable.
How far the shares exigible from the occupants of the other three have been faithfully
collected or paid in, there are no means of judging from the returns.
The expenses chareed are enormous. For " repairs, Sec." alone, there has been expended
in the six years gi8l 15*. 11*5 d-, 76*83 per cent, upon the gross receipts. With the
additional charges incidental to collection, &c. (the item of " miscellaneous expenses" not
included), we have an outlay of 98-533 per cent on the receipts.
3. The Three Ferries yield hut a very trifling revenue. Their aggregate rental is
returned at 3 /. tot. ; neituer term nor date of the leases by which they are held stated.
Their receipts are only to the amount of 4 2. 5 «. ; no receipts being returned, except for
the years 1836 and 1837. No arrears are returned, and the expenses are only those
inddeotal to the collection of the receipts of the seigniory in generaL
4. The Saw Logs are returned (A. 3.) as leased for ijl. 5*. yearly for seven years, but
neither the date of the lease nor that cf its expiration is given. The receipts for the
aix years (or rather for four of them, 1833, 1835, 1836 and 1837, apparently,) are returned
at3i6^. 16s. 4^., a much larger sum than the rental stated. No arrears are returned.
Besides the expenses incidentaTto collection, an amount of 6 1. 10*. 6d. (about three per
cent on the receipts) ia returned in (B. 8.) as expended upon this property.
5. The Land sold en con., which I suppose to be a part of the 360 arpents of the domain,
though not so returned, has been sold for 160/. 10 «. 9 d. currency, interest payable at five
per cent., and amounting therefore to 8/. o«. 6 d. yearly ; neither date of sale nor extent
of land returned. No receipts are returned on account of it for the six years. For
30th September 1837 an arrear of 14/. 5*. gd. is reported, from which it would appear
that the sale took place neatiy two years before; the expenses ore, of course, like the
receipts, nothing;
ill
StJMMASY.
The miscellaneous receipts and expenses remain to be taken into account. Of tliese,
the former amount only to 4/. 51. in the six yeen>; while the latter (exclusive of the
charge of 3)'693 per cent, on the above receipt) are
Forsurveya ....
Miscellaneoi
»u^
£.36 3 10 Cy.
55 '9 8-5
f.83 3 65
The total excess of expense over receipt on this account is {itt F. 9.) 78 /. 16 1. 1 i77.l.:
■ l>t!i
iiaia*/ .
r I ,.^ '<■>', "^*y^
MM ll|| ".■■■ ■Wjl!lt»>Jl
BBmSli NORm AMERICA.
»•»
the other Ublci I have set it down at 300,000 arpenu, an increaae mora tbu juiiSad.
I think, by the liaB of this additional tract.
Orihi* entire extent, roughly eitimaied at 300.000 arpentt, or rather over 4a} iqaairv
leagoet, only 63,000 arpents (lets than nine square league*) ara Ktamed in (A. i.^ai
•urveyed. More than half the extent oF the seigniory is still wholly unezphticd.
Tht Abbiimi PiBn are four in mmiber, m. :—
Bertel, conuining .... 1,100 arpents.
Maitolet M - - - - - i>63o „
La Pierre „----- 860 „
La Poterie „ - - - - 100 „
In ail
- 3.580
These fiefs were mentioned in the first draft of (A. 1.), but do not appear in it aa
anendetf.
The tracts of land otherwise disposed of than as arri^re fiefs or by concession are the
following : —
1. The Forge Reserve, of 25,940 arpenu (about three and a half square leanica), accord,
ing to the letums. The situation and general form of this tract are inoicated with a
■umoicBt appfoach to accuracy in the precedine sketch. It stretches acrois the seigniory,
in rear of tm conceded portion of it, and is a leagae or ihereaboat in breadth ; nearly the
whole of iia extent ia mountainoas, though well wooded. The St. Maurice Forges (to the
lessee of which this tract also is leased) are situate on the west bank of the St. Maurice,
opposite the ■onth'^eat extremity of this tract. Iron ore, as well as fire-wood, ate drawn
from it in very considerable quantities, for the use of the forees. There is also another
tract (much larger than this, which is leased to the same individual, for the same purpose,
and lies along the west bank of the St. Maurice, eomneneiiig not far in rear of Three
Rivers. This larger reserve is leased from the King's Domain. Both the tracts thus dis-
posed of are necessarily withheld from cultivation and settlement.
a. A Mill Beaenre, of 30) arpents, though not returned in (A. 1.), is mentioned in the
return (C. 8.)
3. 8aw-Iogs are returned in (B. 9.) as a source of revenue in this seigniory, though no
return is any where made of the amount of land leased with them. The other tables,
indeed (even (A. 3.), the return of the leased properties), contain no reference whatever
to them.
4. A Church grant of five arpents is also mentioned in (C. 8.), though omitted in (A. 1.)
TheCoNCBssioNa. — ^The entire extent of the conceded land does not appear from
(A. 1.), which return!) only the "new concessions," as 36,000 arpents in extent. The
detailed retarn (C. 8.) draws no distinction between old and new concessions, but states
the entire extent of ihe concessions at 46,180^ arpents, exclusive of the 35^ arpents
reserved for a church and mill, as above mentioned. This would leave 30,1804 for
the old concessions, but the precise proportion between the two is perhaps soBRewbat
doubtful. The total gross extent of the concessions is very possibly greater than lb*
return (C. 8.) indicates. It would seem to be only the net extent of thie concessions which
is there stated.
The tract as yet undisposed of is returned in (A. t.) as only 193,000 arpents, on what
account it is impossible to see. DeducttRg for the reported wieBatiooa, we have a
remainder left of 334,cs644 arpents. This amount may be rather too high, but it is no
more than returns warrant.
The territorial division of the seigniory, then, appears to be as follows:—
Total extent, about ... 300,000 arpenu.
Unalienated, about
.
- 334,3644 arpents (perhaps less.)
Aciire Fiefs, four
-
3.580
II
.
- 25,940
II
Reserved for a mill
.
301
fi
„ „ the saw-
logs -
(T)
tt
„ „ a church
-
5
>•
Concessions : —
Old - - -
New - .
:lS'^'S}^-'.»»*
11
rCperhaptmoretn
\their gion extent.)
II
1 i
I %
! i
303.
sa
Rbvbnus.
Ill
APPENDIX TO REPORT ON THE AFFAIRS OF
Rbtinvi.
I. The Abbiikb Titt; at nswd, jidd no income.
II. TheCoMCBStioNi. In (C. 8.)theM srerctaraed u covering in all 46,1 So) arpcQti,
and held bjr 503 eeniiiairet, subject to a yearly payment of ceni et rentes to the amo int
of 187/. 4*. io-»id. The average jrearly rate per arpent is thus '973d. Cy., and the
average amount payable by each censitaire, 7 $. 5*34 cf. Cy., almost a dollar and a half.
In (A. 7.), the amount of cens et rentes is Koesaed at aoo /. Cy. The return (C. 8.)
however, made at a later date, is to be considered the more conect statement of the two.
The return of actual receipts is thus stated in (B. 9.) : —
For cens et rentes :
On old conceuions •
tmibaBa Yam,
£.135 n o-sCy.l ^ —
« ■«" „ - 139 9 '5 » J "
For lods et ventes :
Ou old conceuions - £.49 16 8-5 -
f-45 «6 8-33
new
4a 8 3
In all
£.99 4 n*5 - £.15 7 5-92
£.367 6 f5 - £.61 4 aas
The increase of arrears on cens et rentea, during the six years, it thus stated in (C. 1 o.) :—
Arrears of cent et rentes : —
OnoM and new concestiont, on 30 September 1831 • £.314 8 8|
M w » » w i> II »837 - 480 17 3i
Increase in the six years - - £. 366 8 7
At a coniidcrabie portion of the conceded tract hat been f^ated since 1831, the srost
eatinated revenue above suted does not, in the case of this seigniory, serve as a teat of tlie
ooirectneta or iDoonrecinets of this statement of arrears. It becomes necessary to make
aliowaoce for the varying amount of revenue falling due at each half-year, from soSeptember
1831 to 30 September 1837.
Frnb a careful examination of the return (C. 9.), I find that for each of the periods
baknr aamcd, the number and rental of the ooncetiioni granted is returned at follows :—
(a.) Before 30 September 1831 - • •
(k.) Between 30 Sept. 1831 and 30 March 1833
„ 30 March 183a and 30 Sept. 1833
„ 30 Sept. 183a and 30 March 1833
w 30 March 1S33 and 30 Sept. 1833
„ 30 Sept. 1833 and 30 March 1834
„ 30 March 1834 and 30 Sept 1834
M 30 Sr^fi. 1834 and 30 March 1835
., 30 &. trch 1B35 and 30 Sept. 1835
„ 30 Sept. 1835 and 30 March 1830
,. 30 March 1836 and 30 Sept. 1836
„ 30 Sept. 18.36 and 30 March 1837
M 30 March 1837 and 30 Sept. 1837
(r.) Since 30 Sept. 1837 ....
(<{.) Undated
w^^r/ Total . - ■
Conctwiom.
*^
188
46
3
»3
30
4
39
'5
5
8
8
3o
503
RtaltL
£. t7~d.
39 15 frasCy.
66 9 0-85
875
o
6-5
4
1
ao 7
1 3
7 6
13 16
3 5
>> 5_7
6 17 05
3 It 65
3 o 95
3 >4 4
9 13 4
187 4 10-35
tbe 134 eonceaaiont (a.) have, then, been held during the whole periodt Of the 349
graoled during the six yean, 188 have been held five years and a half and upwanls;
46, five jean and upwards. 8w. ; the last eisht only having been held leu than aix months.
The eight concewions (c.) do not enter at aU into the calculation, and the ao undated con-
ceasiont {d.) appear to have been held for various periods, some of them for more, and some
far leu than the sis yean.
The following calculation of the giots revenue of the six years it certainly within the
truth ; at it takei no account of the fractional parlt of the half-year for which the 349
conceuions
w
BRITISH NORTE AMBRICAw
4''
M9
conccMioM have been held, over and aboTe the time caloolaled for, and eatimatn the
8o undated concettiont at an aTcrsge of three jrean out of lix.
Cy.
(a.) 134 concetiiont,
for 6 years -
.
't ;i
••5
(».) 188
H
» 5i 1. -
-
7-35
46
II
>i 5 II
-
101 18
775
3
If
.. 4i II -
-
4 19
39
>3
»
11 4 tt
-
3
30
II
n 3i •»
-
44 >7
a
4
>l
1) 3 » -
-
9 >5
3
39
»•
II 3 1,
-
33 11
8
>5
II
i» * •> "
-
6 17
o*5
A
II
,. 6 months
-
> 5
P*«5
(d.) 8
M
„ 3 years -
-
39 -
Total -
.
.
^.855 i
"•35
Deducting from this the actual six year's receipt
-
275 -
8
We have remaining,
period
as the increase of arrear
for thatl
£.580 1
9*25
A sum considerably more than double the amount reported.
The return of arrears in lods et venles is as follows:—
On old and new concessions, on 30 September 1831
w II »» II II II » '837
Increase in the six years -
£. ^o i g
204 n 15
f. >34 8 4-5
III. The Lakds otherwise disposed of have yielded a much smaller amount of revenue
than their extent would apparently warr M one in conjecturing.
1. The Foree Reserve, of 35,940 arpc.iU, is leased to the Hon. Mr. Bell, the lessee of tha
St. Maurice Kirges, and a member of the late legislative council of the province, for a
term of 10 years, expiring in 1844. and at a yearly rental of 75/., being at the rate of con-
siderably less than j d. currency (-694 d.) per arpent. This land is leased, not for settle-
ment or building, but oul^ for the purptne of cutting fire-wood, making charcoal and
drawing iron ore from it, tor the use uf the forges. It appears that a very considerable
portion of the charcoal and ore made nsc of at present m the forges is drawn from this
tract ; the more accessible wood and ore in the reserve on the west of the St. Maurice
being now to a great extent exhausted. The terms of this lease have been made matter of
complaint by the committee of the House of Assembly ; but the question of their fairaesa
or nnfaimcas belongs rather to another portion of this report than to the present, and, ii^
fact, requires a more minute investiKation on the spot than I have been able to make, to
enable me to satisfy myself in regard to it.
The actual receipts from the reserve, during the six years, are returned in (B. o.) as only
J 50/.; being the rental for the two years ending 30 ^ptember 1836, and 30 September
1837, respectively. No entry is made of any receipt from this source before this period:
and no anears are reported due in (A. 3.) or (A. 6.) The lease, however, under which Mr. Bell
at present holds the land bears date, according to (A. 3.) 24 April 1834, and rental must
therefore have accrued upon it for almost 3I years instead of two, between that time and
30 September 1837. In point of fact, the forge reserve was held by the same individual for
a number of years before the present lease was signed (for how many I have no memorandum
informing me, but certainly for several years), at a rental either tne same as at present, or,
at lowest, of 50/. per annum. In the course of the inquiries made on thia subject by a
Committee of the House of Assembly, both before and af^er the granting of the present
lease, it was stated in behalf of Mr. Bell's claim for a renewal, that he had always made
punctual payment. Tie only explanation I can offer of the apparent shortcoming of the
receipts from this score, is to be found in the circumstances under which the grant in ques-
tion was first made to Mr. Bell. "The forge reserve, as originally leased with the forges, lay
wholly on the west side of the St. Maurice, and formed part of the King's domain. A
portion of this tract, lying near the town of Three Rivers, was taken off from the reserve,
surveyed and conceded in consequence of urgent representations made by a number of the
residents of Three Rivers and the vicinity. As a compensation to the lessee, this new
reserve, on the east side of the river, was then set off and granted to him. The whole rental
paid by him seems, however, to have been still set down to the account of the King's domain,
though from this time a portion of it was really paid for the occupancy of part of the,
Jesuits' esutes. This false entry, I presume, continued till March 1836, when for the firif ^
time (two years after the signing of the present lease) the payment made for this part of;
the property held by the lessee was entered on the books of lue Jesuits' estates, where it
ought to have been entered from the first doy on which rental was in any way paid for it.
The amount of rental paid for this tract, hefore March 1 836, is to be renrded as an arrear
due to the estates, not indeed from the lessee, but from that branch of the revenue, to the
account of which it was up to that date erroneously entered.
303.
R3
a. Tlie
»s»
APPBNDIl TO BEPOirr ON TUB AFFAIRS OF
■. Tlw Bill, with ik sol arpoiM, k IumiI (A. 3.) for icirca yean radiig ii 1844, M ■
jcvljr natal of 146/.
Tha actual receipM for the lix yean hate been 654 /., thowing an average yearly pay^
meat of only 100 '• Of arrean, no return U offered, and the date of the present lease
(Oct. 10, 1837) aiturds no indication of the amount of the tental for the six year*, and the
•ufficicncy or intufficicncy of the sum received to cover it.
The expenses on this mill are lest in proportion to its receipts than on the mills of any of
the preceding seignioriea. The item of " rejwirs, be." amounts to 81 /. 17 1. 1-5 d. for the
•ix years, being 1 a'5aMr cent, on the gross receipts.
3. The saw logs.— Tne oaly information given on thie topic is in (B. 0.). when a receipt
of 30 1. 9 1, is entered to this account, for the year ending in 1837. '^ '* "°^ mentioned
in (A. 7.) even, the return of the computed revenue for 1838-9, so that I cannot be certain
that it still continues to be a Murce of revenue at all.
An "expenae" of 7 1. 6 <^ (1*863 per cent, on the reeeipu) is returned, over and above
the agent's allowance, fcc.
4. The church gnnt of five arpents is of coune mpradactive.
Summary.
Tlie miscellaneom receipts and expenses for this seigniory have been heavy.
former, there are returned, under the bead of " Proc^a Verbws," 136/. currency,
latter (betidet the charges incidental to the above receipt)
For roads and bridgca - • - jf. 170 17 6
„ surveys ----- 151 5 6
u miscellaneons • - - - 14 9 4
^33^ 13 4
Of the
Of the
Ihe total excess of expense over receipt on this account it (are F.3.)337/. i8«. tvgSd.
n nearly as may be; being i8'o63 per cent, on tlie toul gross receipts of the aeigniocy for
tbeperibd. <
By the addition of thit item, the total expenses on the several productive properties of
ttie aeigniory stand thus:—
For the concessions ... 39755 1 per cent, im
„ force reserve - - - - 39755 I their gross
„ mill 5«'»75 f receipts,
„ taw logs .... 41*617 J respectively.
The total grosa receipts from Cap de la Magdeleine have been —
For the six years - - - . - -£.1,317 7
Being an average, yearly, of - - - - 319 11
1*5 Cy.
3-25
^hicbgivea an average rate per alienated arpent of '6g^d. Cy.
Theexpenaes have amounted to 53*487 per cent, on tlie grots receipts.
° And the net receipts have been—
For the six years - - • - - - £.612 14 977 Cy.
Or on an average yearly - - - - - 103 9 5*63
Sliewing an average net yearly receipt per alienaled arpent of •324 d. Cy.
> The total increaae of arrear for the six years cannot be stated with exactnesi, owing to
the defitctive character of the returns, which make a« mention of arrears on the mill and
amrloaps. Exclusive of these two sources of revenue the arrears are reported to have in-
cmaci40o/. t6i. ii'Sd; the wliole arrear due being upon the coocestiont. It has been
aeea, however, that the real increase of arrear on this score munt have been at least
gSo/. ls.9'35d., and, indeed, rather more on cens et rentes alone, which (supposing no
aiaailar deficiency in the return of the arrears on lods et ventes) gives a sum totu of
714L 10*. i'75a> This sum is more than 54 per cent, upon the gross actual receipts. The
lacreasa of arrear on the mill and saw logs is probably small.
Besides this, however, we have seen tliai there is another arrear of a different character
lA be considered, — the sum due from the general revenue on account of the payments made
(but not entered on the books of the estates), from March 1833 to March 1836, for tlie
uae of the forge reserve. For tlie last year and a half of this period the rental is
ahowu to have been 75/. per annum. Fur the earlier two yean and a half, 1 set it down at
5oi. The arrear thua computed amounu to 337!. io«., ratber more than i8fer cent,
wpon the total gross receipts, as they stand on the books of the estates, for the sei(^iory.
Of the catire amount, inen, which has fallen due from this seigniory within the six years,
it appean that about 31*4 per cent, at the least has been allowed to run into arrear j about
10*4 per cent, more, though collected, has been lost to the estates by being entered to the
•MMintof another branch of the reventie; and about 31*1 per cent, more has been ex-
panded niKNi oollectioa. Banageuient and repairs. The net amount received liut been only
•bout 37*1 percent, of tlie gross sum wliich hat fallen due.
Exclusive
tiRlTISH NORTH AMERICA.
* Enflmlte of loth et vnitet and of iIm mw log«, the gfou ntiaated
■cigniory for the jrear 1838-9, ii returned at 408/. 41. 10-85 Cy,
IS*
The ralwM ihow ■14,000 arpenti and iMie (apwardt of 31 iq. leagoei) to be andii-
poted of. Id 1844, when the (eate of the forge reserve determinet, nearly 30,000 arpenti
more will be at the diipoial of tlie adraiaiMration of the estatei. Very nearly all th4 land
■ottih of the reterve ha* been conceded ; and of the unconoeded tract beyond the icierre,
a small portion only has been explored, and no portion pegulariy surveyed and laid oat for
scltlenienl. The aide-iinet of the seigniory ha»« boaa ran Mr some miles beyond the place
where the St. Maurice crosses the seigniory, and the counc of the St. Maniice, as it paaMi
through the seigniory, and also a straight line acrou the leignioiy just abova tiie cow««
of the St. Maurice, have been surveyed and are laid down on the laleit plan of th«
leimionr. From this very partial inrveT it appear* that there are some very considenblo
falla of the St. Maurice within the seigniory limits, and that much good laiM is to befbafn4
in that vicinity. In the conceded portion near the St. Lawrence, the soil is sandy and
poor. Further back, as we approach the mountainous region of the forge rewrve, the soil
improves. Within the limits of the reserve it would seam froa theehanotflr ol'4lw timber
growing there that much of the aoil i> good and fit for cultivatioB.
(e.) In the District of Montbial.
The only eeigniory In the district of Moairtal is that of La Fmitie de la ]
Mentioned in retuma (A. 1.), (A. 3.), (A. 4.), A. 6.), (A. 7.),(B. 11.) and (0.9.)" In the
taWet (F. I.), (F. a.) and (F. 3.) it follows next after the wigniorie* In the diatrict ot
jiiffee Kiveve.
Position, Bxtirt, 8ic.— Iliia seigniory flmntion the sonth hank of the 'St. Lawreaee^
almoat opposite the city of Montreal. Its aide>lines are nm in a south-east direetion tb*
wards the Richelieu. On the south-west side it is bounded by the seigniory of Sanit SC
Louis, now held by the Iroquoia Indians, and fbrnerly by tm Jesnita, ana on Ae north-
east side by tiwt ot Lnngaenil.
Ii is returned in ^A. 1.) aa extending two leagues in front by four leagues in depth, and
as containing therefore 56^48 square arpentt. These are its dimensions in the original
frant. How nearly the survey mapr have followed the letter of the grant does not appear,
rom the curved front line which the course of the St. Lawrence gives to the seigniory, it
is apparent that its dircetions cannot have been literally foUowed, and the reported area of
the seigniory be the result.
The whole of the seigniory has been surveyed, and, with the exoeplion of a few arpenti
reserved for a partieahw purpose, granted.
A controveny has long been pending at to the true site of the dividing line between
this seigniory and that of Sanit St. Lovis. it has been contended that the line
as heretofore traced includes, besides the seigniory of La Prairie, a strip of three
arpents in width by four leagues in depth, which of right belongs to the seigniory of
Sault St. Louis, and was granted from that seianiory to the Jesuiu in consideration of
their erecting and repairing a parish church, and serving as parish clergy for the Indians.
This step, as the Indians have urged, was not returned to them when the rest of the
seigniory was taken out of the hands of the Jesuits and placed in thrin ; and titfiy have
claimed it accordingly, on the ground that the Krvices in coimderation of which H irai
granted are not and cauriot l^ any longer rendered in return for it. Thin claim was
brought under the notice of the education commission by the Rev. Mr, Mareoax, tba
cur6 officiating among the Indians. It was not, however, in my power, for want of timti
to give such attention to it as to be able to form an opinion of ita merits. The
menu transmitted by Mr. Marcoux to sustain it are filed in the oflke of the
in Quebec.
There are Jio ani^ fiefi in the aeigniort ; nor is there, iadacd, aa far ns the retnni
(A. I.) radicates, any land in it, iHlierwiae diapoaed of than by coaeoaaioB. On* aiU ai
reported as a source of revenue, bat no return is made of any laiM vesereed o oM and defective to enable hhn to naitn
nut a report of the number, extent und rentul of the several farms into which they are
at present divided. In (A. 7.) the aggregate amount of cens el rentes due yearly from
303. H4 »»«"»
I
^
ISl
APPENDIX TO REPORT ON THE AFFAIRS OF
thm U Mtonwd M 375I 51. lod., baiog ai tbt nt« of 1-588^. cnrmicy p«r arpnl
Tkt Mlval rtoeipu art thva retamcd in (B. 1 1 .) t
For oMia M rmlM
M lo(U el VCBlM
In all
i'tfiu «» 3-5 Cj.
i,<98 14 at5
i.*fi6i 6 575
Aftrif* par AawMb
- £.aj7 8 858 Cy.
a 10 9 -38
- ''493 «7 89*
■bowing « pnjnwnt of rather mora ibu 1 rf. onneoej per nrpcni for ecu ti raniM, and
iMhcr WW tlian thai saaa for lodi cl vcntet ; t-ioi d. comocy in all.
No diract ratnrn it made of the antan of cent et rantet due on iheie conccMioni : but
(A. &) contaiM the following itatemcnu of arrear* due on all the concewiont, old and
iew together :
AxHi liw d .
Arrean of oeas ft rantet on old andl . a tCw
BewcoocettioMOo soSept. 1831/ '"SS" 4 3 W«
1837 534 > »> -
W M M
Increaie in the tit jeart
Co^JfCland,*
300 - - CjT.
700 - -
f.aoi 17 R • - f.aoo - -
I cannot tnppoic, fram the retun. that it it intended to repictent the whole amount
* eo^icotafeir' at a ton to be added to the "aaccrtained;' it it pottiUe, however,
that It may be. In ciihrr oaie we thall tee that thit ratnrn it altogether at variance
with the reinlit derivable from the other ratomt. The incrcate of arrear on cent et rentet
fiom the new oooccttiont it raturoed in (C. 9.) at 393 /.it. id. Compared with the
fongoing rctimi, thit would imply a diminution of arrear 00 the old conoettiont under
thit head of mora than 90/.^ or, at moat, (if we add together the tumt "atcer-
lained" and " conjectured"), an looreate of lett than 1 10 /.
The oompariton of the oompnted renul with the receiptt givet a retult widely at vari*
I with bothoftheie:
The annual rental it
„ „ KGCipt
iacraate of arrear
• ^-373 5
■ «77 8
10 Cy,
8-58
• *. 95 »7
1-43
■ ^-575 •
8-5«
The tix yean
On account of lodt et veniet, we have returni of arreart which are timilarly defective
and ambiguoui :
*--"*-'—■' Coajtctarad.
AietitilMd.
Arreart of lodt et ventea 00 old andl . . p
newconoeHiont on )o Sept. 1831/ *'^^ " *^''
„ » ,. »837 1^7 a 10 -
Increaae in the tix yean • jg.8$9 14 6 -
£.600 - -Cy.
8^000 - -
£.1,400 > -
Of thete amonnit, the turn of 31 /. 17 <■ 1 1 d. it ratnraed in (C o.) at the increaie of arreart
on the new couoettiunt, leaving a remainder of 837 /. 161. ja., or of 1,368 /. 3 «. 1 7 -
IncreAae in the tix yeara
£.3t >7 >»
II. The other propertiea in the aeigniory are —
I. The mill, rented for a tern of aeven ytara ending in 1841, tubject to a payment of
" 1,100 minoU of wheat annually."
The groaa receipu from tbia aonroe have been s
For the aix yeara £. 1,809 17 le Cy.
On an average, yearly 301 1 a if67
No arreara are letamed doe either in 1831 or 1837, and in tha autemonl of " conpnled
revenne" for 1838-9 (A. 7.) the aum of 301 1.. 131. appeara aa the eatimated proceeda of the
" ijioo minoti" for that year, being their average value for the aix yeara ending in 1837.
Betide* the char^i inoidenul to collection and mana^mcnt, there ia relumed an item of
144/. i6f. 67541. tor " repaira" during the aiv yeara, whwh falla upon the milli excluaively.
Thit aum it about eight per cent, on the groaa rcceipit of the mill.
a. The land told en oonatitut, according to (A. 7.) ahould bring in ai /. 13*. tod, yearly,
aa interett on the capital due. It it not, however, mentioned in any of the other returnt ;
and nothing, therefore, can be aappoaed to have been cdleoted on account of it. No arreara
are ttated to be due upon it{ nor la the date of the aale reported, ao at to enable ma to cal>
cuiate the arreara, if any.
BUMMABT.
The mitcellaneona expenaea on account of ikia aeigniory have been heavy, and there are
no receipta from " Proc^ verbalt" returned at an oflMt to them. They have amounted in
the tix yeart —
- £,i$4 - - Cy.
85 8 6
For " anrvcyt and expenaea of papier terrier," to
" Mitcellaneona" to . . . . .
In all
f.319 8 6
being 6-587 per cent, upon the total groaa receipta of llie aeigniory. Adding in thia item,
the amount of expenie chargeable on each of the propertiea appean to be —
On the concettiona
mill
a8*a8 peroent.\on their groaa receipta
36-a8 „ J reapeotively.
The total receipu of the aeigniory are returned —
For the aix yeara, at - • - •
On an average, yearly • . . •
iC. 4.849 >* S'asCy.
808 5 a-54
at the rate per alienated arpent, of 3*436 d.
The total expentea have been 31*865 per cent, on the groaa receipta.
And the net receipta have been—
For the tix yeara - ...-£, 3,333 6 6*73 Cy.
And on an average, yearly .... 555 n i-is
which ia at the rate per alicMted arpent, of 8*36* d.
303.
The
^
Jf
.»34
APPENDIX TO REPORT ON THE AFFAIRS OP
Tbtii
J of armiri in the wk ywwt crni only b» gueM«d at. The rf larni tpcak of the
•nttn u da« only on the cunceMioni ; ihouah ii it •Inott ceriain thai lome nrrcor (par*
han M* • large one) muit hnvc accrued on in* land told tu oonttitui, if not on the mill.
Fraa • compariaon of groM inoune with receipts, we ha*a Men that on the icore of ccn*
ct rente* alone, an arrear hat acenttdof 916/. igt. 7,d. cv..lhouih the return ( A. 6.) givet it
at about too /. only, if we follow either the " atcertaincd'^orihe "coniectured " eitimate, and
about 400 1, if (contrary lo the apptrtml meaning of the lablv) we add the two together.
On th« ocore of lodt et venlaa, the " aiceriaincd " incrente it reported at SwI. 41. 6d,,
and the " conjectured" at 1,400 /. Suppoiing, at I n*>t tell
at what rate the lot may have been leased during Uie six years ; but it is not eaiy to sec
how
^^
V
BRITISH NORTH AMeRICA. 135
how Um abMnct of all ractipl from this tovKc, ud lb* ac«i««lalioii of m mmiII m wiMr
M •81,, CM be recoDcilod loMthcr.
Tlt« reiuro of arraan on La Vaohcria in (A. 6.) b inaooaeilabla with ihoMI hi (A. $.)
and (C. sOi but it ihrowi no lighi on this point. '*'
Tha laiid told en oonitilat, «a| arptnu (A. t.\ baa batn ditpowd of in 1M lou of
various tiiea, moat of ihcm atra nonM-lota, and at difltrtnt tiaMi, bat Boat of tnrai tinea
I S3 1. TbcM lou havt batn lold, ai Mr. Stawart atattd, Mtti*^ ^ payment ^a ** nominal
ecM," lo carrv lodt at venlea to the Crown, in iit capacity M seigniory. Tha only revenue
drawn from them by ihe ctlaiet it the interctt on the parcbaae money, which may be
contidcrcd at almott eanivalent to a ground rent, redeemable at a ipccilicd rata, at tha
picatare of an irremovable occupant.
Theaggrcg8teaDOuntofintercttatprctentpayableycarlyoaihatclotaitf.404 3 3 Oy.
being at a rale per arpcnt of - ...... ..ly 13 3*091
The actual reccipu daring the tix yeara have fallen far thort of thit, being —
For tlie ti« yeart ..•---...^. 837 - 3 Cy.
Or, on an average, yearly - - . - . . - - 139 10 5
At a great part of the propeny, however, hot been told between l8 - 1 14 6-044
The exact increate of arreart cannot l>e tinted. From (A. 3.) and (C. 5,) it would appear
have been —
On the beach lot - - . - - . . . > £. 98 - - Cy.
„ lott told en con. ---.-.-- 1,380 17 11
Adding to wliich the amount thown by (B. 5.) upon Hare Point - so - -
We have as a turn total -....-.. 1,438 17 it
36 percent, more than the whole turn collected in the period.
Of tlie amount due within the tix yeart, we find that (at leatt) 5575 per cent, hat fallen
into arrear, and lo'to per cent, more been expended on collection, management, &c.
The net receiptt have been Ie»t than 34*06 per cent, of the groM computed revenue.
For 1838-9, the grots computed revenue it 47s/. 3«. 3d. Cy.
303. S2 §9.— LANDS
I
1)6
APPENDIX TO REPORT ON THE AFFAIRS OF
^ a.— LANDS Id the City of Qubbic.
Thft'Moperty i.n the city of Quebec i* mentioned in the return* {A. i.), (A. 4.), (A. €.),
(A. 7.), (B.6.) and (C. 6.), aa well m» in tablea (G. 1.). (0. 9.). and (G. 3.).
PueiTioN, Extent, &c. — This property coniiitt of te««n>! lot* of land (noneof tiiemlarffe,
and uio*t of them qnite tmall) which were held bv the Jeiuii* under various title* of ine
King'* domaii>, within which they lie. They are all situate in the Upper Town of Quebec,
and are coniiguou*. or nearly to, to the building known aa the Jesuits' Banackt, which
stand* on one of them.
In (A. 1 .), the total extent of thi* property is not given ; nor does any other of the tables
supply the deficiency. On inquiry of the commissioner, I was informed that in so.-ne old map
or survey, the whole was laid down at " 18 arpents 58 perches ; " but that, as there had been
no late survey, it was impo^nible to nay how far the estimate is correct. I could get no
further information on thi* point. No part of this land i* returned, as at the disposal of
the administration of the estates.
Four alienations are specified in (A. 1 .), from which the estates derive no revenue, but
the dimensions of the lots so disposed of are not given ; the commissioner awigning the
want of any sufficiently accurate survey a* the rea*on. Three of tiiese are " grana in
perpetuity."
1. To the Fire Society of Quebec.
a. „ National School.
3. „ Congiegation of Notre Dame.
The datea of these grants are not stated. The first and *econd are, however, obviously
grant* made aince the estate* came into the hands of the Crown. The late Jesuit*' college
and garden, occupied by government a* a barrack and barrack-yard, form the fourth. The
extent of (he groumi thu* occupied i* about five arpentf . It« real value, and the di*posi-
tion which of right ought to be made of it, have been matter of much controversy. These
questions may be more advantageously discussed io another portion of this report than
here.
The remainder of the property cousista of 69 house-lots (reported in C. 6.), firom which a
revenue is drawn, much m the same manner as in La Vacherie, though to a much smaller
amount. Of thet6 there are reported—
In Fabrique-street
St. John
St. Ursule -
St. Angc'e -
St. Stanislaus
(Street not named)
Desjordint-street
which have all been long disposed of, though no dates are given, fiesides these, there are
10 other lota situate in rear of the Jesuits' barracks, which were disposed of as late as iSao,
The extent of ground occupied by these 69 emplacements is not stated.
The gross yearly rental of the 50 house-lots first alienated is returned at 41 /. 14«. j'ud.
The actual receipts from these Kave been —
For the six years - - - - ^.13366
Or or an average, yearly - - - so 1 1 1
The arrears, it would follow, must have increased yearly, on an average ^.21 3 65
And in tlie six years - - - - - - - - - - 12713
•
- 5
-
- H
-
10
-
4
-
7
-d)
6
I -
3
Total -
• - 59
The following return of arrears, from (C. 6.) gives a result sufficiently near this, in
amount-
Arrears, on Sept. 30, 1831 - - .£.74 7 5 Cy.
Ditto • - 1837 . - . 304 14 11
Increase in the six years
»30 7
The gross yearly amount of the 10 lots disposed of in 1820, is 29 A 12«. 3 ^sd. Cy.
The actual receipts have ben—
For the six years - - • - j£. 227 - 3 Cy.
Showing a yearly average of • • 37 16 8'5
The arrean, according to these data, have been decreasing yearly, on an average'—
i'.S 4 525 Cy.
And in the six years, therefore - - • 49 ^ 7*5
ln(C.6.)
BRITISH NORTH AMERICA.
IF
*97
In (C. 6.) a much greater decrease it reported ;
Arrears on Sept. 30, 1831
Ditto - - 1837
Decrease in the six years
£. 183 3 7 Cy.
104 17 10*25
i'-78 4 8/5
Besides the expenses generally chargeable for agent and commissioner's office, a trifling
sum IS returned of 3/. 15*. 7fl5rf. Cy. for «' miscellaneoos" expenses, amounting to f07o
per cent, on the total gross receipts. This addition raises the expenses on each of the
above sources of revenue to 3277a per cent, on their receipts.
The total gross receipts from this property, for the six years, have amounted on an
average, yearly, to - jC.68 7 9*5 Cy.
And the total net receipts to - - • . . 45 > 10-36
. The total increase of arrears in the six years is stated at - £38 a 9-35 Cy.
But is shown by the other returns to have been ■• - 77 14 7*5
Rather more than 39 per cent, on the gross receipts.
Of the gross amount of rentul due for the six yeant, therefore, a little more than
18 per cent, has fallen into arrea?, and rather more than 18-5 per cent, been expended
in collection, he; the actual net receipts being thus less thkn 63-5 percent, of the gross
computed revenue.
For 1838-9, the gross estimated revenue is
£.71 6 1076 Cy.
§ 3.— LANDS in the Seigniory of Lauicn.
The third property not constituting a seigniory in the district of Quebec is the land in
the seigniory of Lauaun, mentioned in (A. 1.), (A. 4.), (A. 7.), and (B. 7.) ; and in (G. i.),
(G. 3.), and (G. 3.).
Position, Extent, &c.— '^" is property consists of tvo distinct portions, one in the
parish of St. Nicholas, o( . i Jap Rouge, and the other in liie parish of Pte. Levi, oppo-
site Quebec. Both of them front upon the south bank of the St. Lawrence, and are
within the limits of the county of Dorchester, or seigniory of Lauzun.
The St. Nicholas property contains (A. 1.) 1,180 square arpcnts, and the Pte. Levi pro-
perty 9C0. From tile description given in the warrant issued in 1800 for the seizure of
the e.tates by the sheriff of Quebec, it appears that the former is a single tract of 50
arpents, or thereabout, in depth ; and that the latter consists of four contiguous lots, which
taken together make an irregular area fronting upon the St. Lawrence 15 arpents, and
running hack at its deepest part 80 arpents.
On<''of the four lots last-meniionecf was granted to the Jesuits as an Arriere Fief by the
•cignior of Lauzun. The others, Mr. Stewart states to have been held of him em roture.
On the occupation of the estates by the Crown, or shortly after (Mr. S. stated), an opinion
was given by the law officers in Canada, that, as the Crown could not hold en roture of a
subject, the tenure of these lands had, from the date of their seizure, become seigniorial,
and that those who held them under grants fiom the Jesuits were hunceforth bound to
puy lods el vcntes to the Crown as seignior, and not to the seigi.'iurof Lauzun. The
case in this seigniory differed from that in La Vacherie and the City of Quebec, inasmuch
as in the latter, the Crown was the seignior of whom the Jesuits had originally held. In
those properties, therefore, the Crown, in its capacity of holder or administrator of the
estates, takes only interest and ground-rent from those who hold under it. and takes lods
et venies in its original capacity of seignior; the latter payments being considered part of
the " Domain," and not of the Jesuits' estates' revenue. In the Lauzun properties, the
Crown claims cens et rentes and lods et ventes by the same title; and both classes of
payments are entered as revenue belonging to the estates.
The claim to lods et ventes on this property has not, however, been insisted upon.
They are sometimes paid. Mr. Stewart states., and often not. The question of the legality
of the claim has never been tried; and the property is not considered valuable enough tu
make it worth trying.
The whole extent of thi^ property is returned as disposed of in " old concessions."
The accounts of its receipts and arrears are stated by Mr. Stewart to bu particularly
defective, owing to tlie neglect of a Mr. Campbell, a notary charged with the duty of
discovering titrte nouvtUet within it. To this deficiency, he ascribed his own omission
tu make a detailed return of the concessions and arrears due upon them.
From (A. 7.), I iind that the aggregate of cens et rentes due vearly from these conces-
sions is- - - - - - - - - -«.7it'''"
li'
being at the rate, per arpent, of
303.
65 Cy-
8-55
»3
Tb«
■•PA
■ : m
• •ifX..
'; U'i
n
ill
ill
I '1
1 ^1
ii
138
APPENDIX TO REPORT ON THE AFFAIRS OF
The Ktorn of actual receipU (B. 7.) ihowt plainly the retail of the neglect above-men*
tioned. No eeni et rentes have been received for live yean out of the six, and the total
amomtft nierived are only —
F*r Iha Wx Yctn. Afwif* p«r Aoaia.
For cent ct rentet
M lodtetventet
In all .
£.79 10 Cy.
54 « 6
61 13 4
i.t 4 11*67 Cy^
9-6
to 5 4-67
The increaie of arrear in the tiz yeart on cent et rentet mutt have been, therefore,
38/. 51. 5ared with the others belonKing to the estates. Tlie " deiailefl " return o> the concet-
fiont, &c. hat not been (urniihrJ, doubtless from the agent's inability to furnish it.
No return of "arrears" is atteinpiid either. From (U. 10.) it nppcurs that fur the tiz
years ending in 1837, "^ ^'^^* ^' rentes wiiatever have been paid. The receipts are wholly
oa
BRITISH NORTH AMERICA.
139
on lods et ventet ; and even these do not seem to be regularly collected. Under good
DianHgemeni, the revenue from this source ought 10 be considerable.
The eight unconceded arpcnts are situate on the outskirts of the town. Mrl Stewart
states them to be worth less, except as building lots. Though ungranted, they appear to
have been built u|>on to some extent, without leave, by a number ot poor people.
(A. I.) slates 35 arpents to be in possession of and claimed by the trustees of the common.
This tract, of course, yields no revenue. There is also another unproductively occupied,
though not returned in (A. 1.) The church and mission house, formerly occupied by the
Jesuits, have been used as a Protestant episcopal church and parsonage for many years.
This occupation has been the occasion of much complaint on the part of the Catholic popu-
lation of Three Rivers.
The actual receipts from the concessions are returned in (B.'io.)
For the Six Yewi, Avenge per Annua.
For cens et rentes •• •£.--- £. ---
For lods et ventea - - 369 16 8 44 > 9 5*33
The amonnt of cens et rentes, due yearly, is returned in (A. 7.) at 5/. ot. 4753 »»75
96 9 ->4a
80 iti 5-99
319 - 696
Suppo'Jng that, for the year 1838-g, the whole amount which, according to the estimates
alrendv given, will fall due, should be collected, the agents' allowance would amount to
about he following sums : —
For the Quebec agency, about - - - - - £. 310 Cy.
„ Batiscan »»»--- --60
„ Three Riven »»------ 60
„ La Prairie „ „ - - - - - - no
In all, about - • • - /. 540
Theselast-nirmedsnms, it if quite evident,' are much larger than the agents ever have
realised or are likely for some time to realise from this source. They are calculated on the
supposition that every due is collected,— a supposition, as we have seen, very far from the
fart. "1110 average receipt of the six years ending in 1837 is not likely to be much
exceeded, if at all, by that of 1838-9.
Besides this allowance of 10 per cent , the agents charge certain incidental expenses
(returned in the tables as "Miscellaneous"), but these are not to any larae amount; and
as it is required tliat the commissioner be satisfied of the correctness of me charges, it is
fair
T"T"
BRITISH NORTH AMERICA.
U»
fair to presume that no increase of the ogents' emolumenta takes place through their meani.
For the period comprised in the returns these charges have been—
For the agency of— '" ih« KOf.....
Mr. Panel (Qnebec) - £.169 7 775 Cy.
„ Guillet (Batiscan) - 55 19 8'5
„ Dumoulin (Three Rivera) 33 10 a
„ Henry (La Prairie) - 85 8 6
Afcnic per Aonaa.
£. 38 4 7*39 Cy.
9 6 7*4a
3 «8 4"33
>4 4 9
Total
f.334 6 025 ^'SS >4 404
The other expenses returned are for "Roads and Bridges," "Surveys," "Repairs of
Mills," " ''xpense of Fences" on the farm leased in Batiscan, and "Expenses on Saw-logs"
in Batiscah and Cap de la Mngdeleine. On these the agents, it is to be presumed, are
allowed no profits, and it is not fair to suppose, therefore, that they directly derive any.
Individual* are specially engaged as surveyors, builders, &c., whenever such services are in
request. The following are the amounts returned as expended upon each of these
accounts : —
For the six years in
the several agencies of—
Quebec
BuiMUb
Tluee RWe'i.
Lk Prairie.
Roads and Bridges
Surveys - - -
Repairs of Mills -
Fences - - -
Saw Logs
£. $. d.Cr.
132 10 9 I
173 9 a ^
679 16 10
£. ».
■^ 3
9>8 '6
38 6
6 10
rf. Cy.
10
>>-5
95
£.
170
ibi
81
«.
?7
5
>7
7
d.Cy.
6
6
»5
6
t34
144
*.
16
J.Cy.
075
Total -
Being on an avera;
yearly
£.
976 »6 9
979 '7
1
414
7
7*5
378
16
0-75
;«
162 IS 9*5
163 6
217
69
1
3-25
63
3
8-13
Addingtoiheiesums
the two average
yearly charges
above stated, viz.
Miscellaneous -
Agents' allowance
98 4 7*39
169 1 o'S;
9 6
4' 13
7-4«
>i76
3i
18
9
4-33
0-43
U
80
4
16
9
5-92
\\t have the fol-
lowing sums
total of yearly
expenditure in
each agency -
£.
359 »8 5-6fi
315 6
9-34
99
8
8
i58
3
11*04
From these amounts it is evident that the direct profits of the agents are quite small in
amount, except for the Quebec agency, and that even in the Quebec agency the sum
allowed is only moderate ; nor could any detfree of diligence in iheir collection enable the
agents to make them very much larger. It is further apparent. 1st, that the agents, from
their being paid a per centage on their gross receipts, have no sort of interest in the dimi-
nution of uny of the other expenses to be incurred within their agency; and sdly, that
these other expenses bear no proportion whatever to the revenue drawn from the agency
upon which they are charged, and the allowance made from it to the agent. It was not in
my power (for reasons already more than once staled) to make such further inquiries on
tlie subject of these ex«,: I
it' 'j
m
; F 1 ■ 1
»4«
APPENDIX TO REPORT ON THE AFFAIRS OF
oftnining diicct tetUroony, aiid from the nature of the ca«e it scemt hardljr necettwy to
atk for any. The tendency of this part of the tytiem cannot be mitunderatood, whatever
may have been the conduct of particular a^enti acting under it. V.'here an agent's
inierett is best consulted by the aocomulation of arrears and a liberal allowance of
expenses, it is useless to expect collections to be either punctually or economically
made.
If the agent's responsibility were assured, ei.her by giving the commissioner complete
control over them, or by making them the partiea answerable to the legislature ana the
public for the amount of their receipts, this evil might be somewhat less ; as it is, however,
neither of these is done. The commissioner has over them a very imperfect control
indeed, and yet his general responsibility for the proceeds and management of the estates
serves to screen them from censure in almost any case, unless indeed it were the possible
case of their being more active and exact i..an the public opinion of thwing no one commissioner or agent to give more than a fraction of his time and
thoughts to a business requiring so much care) must conduce to the advantageous manage-
ment of the estates can hardly need to be insisted on.
The agenu, we have seen, are so paid as to give them at least some interest in the
productiveness of the estates, though from tiieir professional pursuits they have often a
much stronger interest the other way. The commissioner is so paid as to have no interest
in the matter at all ; his salary, inadequate as it is, is fixed in its amount and regular, and
the punctuality or remissness of the azents is a matter of no direct personal concern to
him. Taking further into account the inodemte amount of his salary and (he limited
extent of his power over the agents, it is too much to expect that any oversight of his
should be so effective as to counteract the strong influences unfavourable to the produc-
tiveness of the estates under which tite agenu lliemselves are placed.
With a system such as this, as regards the appointment, powers and emoluments of those
to whom the management of the estates has been intrusted, it is not fair to ascribe the
inevitable consequences of the system to personal delinquency on the part of the indivi-
duals so appointed and so paid. There may have been positive delinquency, doubtless,
but it requires at least further and more definiie proof than the mere general unproductive*
ness of the estates furnishes to establish it. \Ve have still, however, to examine the
system in another of its aspects.
II. The character of the properties themselves, and the difficulties, legal and otSerwise.
in the way of their advantageous management. The productive properties of the estates
may be thus classed for the purposes of this inquiry :
1. Concessions.
3. Land leased or sold en con. for settlement and cultivation.
3. House lots sold en con.
4. Mills.
5. Coves, saw-logs, forge reserve, &c.
1 . The Concessions. — These constitute in extent by far the greater part of the land
productively disposed of; in all, they cover very nearly 360,000 square arpents, or almost
36I square leagues of territory ; tlie revenue they yield, however trifling as compared witii
their extent, is still much greater than is drawn from either of the other kinds of properiy
above enumerated. The number of ooniributors to this part of the revenue of the estates
is much greater than to all the others together, and their contributions are altogether the
most troublesome to collect, from the smallness of the amount of one class of them, and
the irregularity (both as to time and amount) of the other. All this will be seen moro
clearly from the following more detailed statements.
' The
^v
BRITISH NORTH AMERICA.
>48
Tlw extent and poeitipn of the oonccMioni, and tbe namber of ceniitaire* ooen]iying
them, ill each agency, are ai follows :
Id the Quebec agency :
Concetiioni in seigniory of Notre Dame; part of
them near Qaetec, the residence of the agent,
but the more remote four leagues or more
distant -.-.-..
Ditto in Sillery and St. Gabriel, a tract distinct
from the precedin|; and further from Quebec,
the remoter portions six or seven leagues
distaM .-.---.
Ditto in Belair, a tract at conaiderable distance
firom Quebec, lying west of the preceding
Ditto in Lauzun, two small tracts not far from
Quebec, but separate from the preceding - nearly -J
8q.lMg92 5 3
La Prairie „ ... 437 1 _
In all - - £.1,139 3 1175II
n
f
»
Hardly exceeding (on an average of all the concessions, old and new) 1 d. currency per
arpent, about 6 s. currency, from each censitaire. All these rates, however, it will be re-
membered, vary very considerably on the different properties; so that in a great number of
cases they are much lower.
Such, in general, is the present extent, &c. of the concessions. For the greater part of
the six years, for which we Itave the accounts of receipt and expenditure, socie deduction
from the above amounts (not very material, however) requires to oe made. This deduction
canuot affect the general averages above stated.
For
• The namber of ctnsitairM on those concessions is not rctuised ; and the number 26 is eonjeotond, there-
fore, from the avcmgc of thr other concessions.
t Namber not returned, but tbe estimoto is probably witliln the msik.
X This number is in part conivctural ; the returns not statins how many ccnsitalrcs hold the old conces-
sions. The number supposed in the text is bcloTi the average of ue other ola concessions.
II These numbers arc from Tables f F.)and (G.) ; and the nominally prodnctivo properties of the Isleatuc
Rcaux, the Iilo dc St. Cluristophc, and the concessious in tbo city of Montreal are omitted.
303. T 2
• 5
I
■J
1
1 . ■ ,
i
■ ill!/'. I
r^
t •
»44
APPENDIX TO REPORT ON THE AFFAIRS OF
For the u* ytan cndiog in 1837, we find that the aclnal receipti from the conceiiioni
h«Te aTcraged j*»t\y —
From cent et rentes - • - £.68a 13 6-13 Cf.
„ lodtetventcs - • - 619 17 9*91
In all
£.1,30)1 11 4-04
Nearly 41 per cent, upon the total arerage receipt! from the estate* for this period. , We
have teen, however, that the returna indicate a heavy arrear ai having accrued durine this
period, on account both of cent et rentes and of lodt et ventet. Adding, on the latter
account, the amount of orrear reported in the returns marked (C), with the very trifling
addition tnggetied in Cap. HI. ot a little lest than 10/. yearly for increase of anear of loot
et ventet on tlie propertiet not returned ; and on the former the turn indicated by a com-
pariton of the receiuit and rental returned, the average of revenue falling due yearly, from
ihete sources, would stand—
From cent et rentet - - - £. 1,059 ^ 7*^7 ^7-
„ lodsetveutet - - 975 » 6 7*57
In all
£'^,035 a 3«4
more than 44} per cent, of the gross torn of 4,565/. 71. 1 i of the agenta. on the subject of these con-
cessions, and especially on so much as relates to arrears, has been frequently noticed, from
the necessity ot the case, in the remarlis made on the returns. It is hardly a matter to
. excite surprise, in view of all the facts now stated, however striking it may be, as a further
evidence of the all-pervading defects of the whole system, of which it is a result.
3. Land leased, or sold en con. for settlement and cultivation. The extent, 8lc. of this
description of property is as follows ;^
In the Quebec agency,— Arpmu. tuu*n.
9 lots in Sillery (told) • .... 159 9
a „ Notre Dame (sold) \ . . . »oo» .
« „ „ (leased) J ^°^^ ^
• „ La Vacherie (leased) ' ' ' Sfii *
In the Batiscan aaenry,^
1 lot in Batiscan (leased) \ ... . ,
i(?) „ (.old) ;• ■ • "360? «?
In the La Prairie agency,
i(?) lot in La Prairie . . . . « f t?
In all less than 1,000 arpenis, lield by about 18 individuals. The yearly receipts from this
source have averaged lor the six years 285 1. 1 « r^Sa. ; and the average yearly accnmiv
lation of arrears is shown by the returns to have been 977/. i8t. it 'gad., or rather more,
as the returns of arrcara do not include all the properties, Followinfl; these estimates we
find that about 9 per cent, of the actual receipts, or 19| per cent, of the computed dues of
the estates are to be set down to this class of properties. Why so very large a proportioi^
(almost half) of thi. revenue has been allowed to fall into arrear does not very clearly appear
from the nature of the revenue itself. It ought to 'je tolerably easy and certain of collec-
tion, much more sg than the revenue on the concessions. The expenses incurred upon its
collection have been to about the same amount as upon the concessions. It might cer-
iiiinly be collected at much leu cost.
3. House lots, disposed of by sale en con, or its equivalent. These are all within the
agency of Quebec, viz.
Arpnti. OcmpuM.
In La Vacherie ..... 33! IS5
In the city of Quebec . . . . 6l 09
III all less than 30 arpents, and divided between 304 occupants. The average yearly
receipt for the six years from this saurc< has been - - - £. 197 17 10 Cy.
And the average yearly increase of arrear (tee 0. 3.) 043 3 1
Moking the average yearly rental - ... £.4401911
The actual receipt has thus been about 6 per cent, of the whole receipt from the estates;
and the computed rental rather more than 9} per cent, of the entire revenue of the estates,
as above computed. Tlie arrears are nearly 55) per cent, of the rental ; and the expenses
of collection, Sic. not inaterinlly less than on the two preceding descriptions of property.
It is not easy to see why collections of this character could not lie made with much more
uf punctuality and economy.
4. Mills. Of these there are, —
In the Qui'bt-c ogency .--.---5
„ Botiscan agency ---.---4
„ Three Rivers agency -..-.- 1
„ La Prairie agency .-..-. i
In all - - 11
The yeorly gross receipt from tliem for the six years hns been on on average 800 /. 171. 0*5 d.
currency, rather more tlinii 95 per cent, of the tolol gross receipts oi the estates. The
arrears which have accrued 011 them seem from the returns to have been small in com-
parison with those on the other classes of property ; and though the returns are not com-
plete, and probably stote the arreors at too low a sum, they arc still no doubt comparatively
small. Tlie returns show an average yenrly arrear of 49/. 19». 9*/., not much more than
6 per cent, upon the gross receipts. The cttiniated rental of the mills, according to thiti
would be a little more than l8{ per cent, of the whole estimated revenue of the estates.
If, however, the arrears on the mills are less, the expenses are very much greater than on
any of the other properties. The charges for " repairs " alone have averaged yearly for the
six yeara 304/. 4». 3"96rf., almost 38 per cent. (37"986) Upon the receipts. The agent's
oQo^ X 3 commission,.
t
i
mi
; 1 1
ill
7
w
14! APPENDIX TO REPORT ON THE AFFAIRS OF
conniMioB, incidenlali mm! et pentn of the commiitioner't oiBce raiie ihii lum to upwwrdt
of 60 per «flni. Such an expendilare, under gootl mamgement, cannot be necetMurjr, for
•nj RiMkcr of yean at leati.
5. Thf remaining lourcet of reveiua (
In the Quebec agency-—
TheSillerycovei, leated to -•..••.4
In the Batiican agencjr—
Saw logs, leaiea to->>*.>>>i
Ferries ...... ...j
In the Three Rivort agency — •
The forge reserve, lenied io.......i
Saw log* .........if
And in each of the four agencies the assessmenu levied to cover particular expenses.
The coves produce by far the neater part of the revenue yielded from the above
aourcet, their average yearly rental having been 495/. tit. Sd. out of 560/. 14*. iO'6jd,,
the gross revenue from ihem all. No arrear is returned as accruing on these properties,
the coves alone excepted.
The addition of the arrear returned on the coves raises tbeir average yearly rental for
the six years 1^570/. iii. 8—
fsboald have yielded ofl i>»M.t fbuveyishkdortliel jw-nt. P** •";*'• "" **'?'"1 i««ni.
I. The C nn sssst u as th. eatire computwi Uver 44» W entir* actual re^M^ly 4> ;!!!^^'\°"„"' }•»«>« S^-
(.revenue of the eststes J [ceipuoftbeesutesj U^tkSS .J
\.B — Cqvti imm
ukI hak It tnta Marly
niud, both m nprdi Iht
•tnoual ftlKa* tat imt
iIm ubuubi eoUtctri.
s. Tlie Land sold orl
leased for culti> > • ditto > about 13|; • ditto • about g; - ditto - near 5
vation • .J
3. TbellouseLAlssold.encoa.ditto • over 9]; • ditto • about 0; • ditto • ntargsl
4- The Mills • • ditto • over 18); • ditto • over 115; • ditto - over 6,
5. The Coves . • • ditto • about it): • ditto • near 15}; • ditto . over 13.
^^'1^^^7''}- ••'"• • »«'»»! • ditto - »*»' 3i! - ditto .
Upon the first and most important of these kinds of property, then, no great change for
the better, it would seem, can be effected by measures that shoold merely alter the mode
of appointing and paying its administrators ; upon the others, little more than this is
required. Tite necessity of adopting measures to obviate the peculiar difficulties in the
the way of drawing revenue from tlie concessions will be more clearly appreciated if, to
the facts already stated relative to their extent, &c., we add the fact that about twice as
much land as tlie existing concessions cover still remains for disposal; and that unless
the tenure be changed, the whole of this land also must be thrown away, as more than
a quarter of a million of arpents have been thrown away already.
It is in this respect, e.pecially, that the bill of 1835-6 was defective. It not only left
the tenure untouched as regards the already granted concessions, but proceeded to enact
the perpetual continuance of the very same system in the disposal of all the remaining
lands. The changes also which it did propose to make as to the mode of administration
are almost all of a more than doubtful cliaracter.
It was proposed to vest the management of the estates in three administrators ; one for
the properties in the district of Quebec, now under Mr. Panel's ogency, another for those
in the district of Three Rivers, constituting the agencies of Messrs. Quillet and Dumoulin ;
and the third for those in the district of Montreal, under Mr. Henry's agency. Tlie
administrators were to act in all respects independently of one another. They were to be
appointed by the governor and council, and were to give security for tlie faithful discharge
of the pecuniary oblications of their ofllce. The legal ownership of so much of the
estates as came under nis control, was to be vested in each administrator, in trust, subject
to
nRITiSIl NORTH AMERICA.
M7
lo legiilative luprrvition and direction. TItr emoiumeuu of the ■dmiaiilraion were to be
limited 10 the lo per cent, on iheir f(roia coiieciioni liereiuforc allowed lo ihe agcnta. They
were for this remuneration to keep open oiie office each continually in Uw towns of
Quebec, Tlirec Rivers and MontrenI respectively, besides attending on n staled doy
monthly, (in person or by an approved deputy), at an office to be opened and mnintained
by them in cacit seigniory under their MiminUtraiion, for receipt of dues from such seigniory.
And lastly, they were bound lo cunoedc from the ungranted territory, whenever called
opon, at a specified rnlo,* and not higher.
For general aupervision of their accounts and transactions no direct provision was made,
further than to enact that ihey should be buuud to innke report thereof from time to time
lo the governor, and that their report* should be laid before the provincial parlioment.
From the author of the bill I learned ihot it was intended in the House to oppoiuta reeulnr
standing cummitiee of that body, to whom these reports should be referred, ana the
general direction of the affairs of the ctintes intrusted.
In the whole of this plan I can see only one point in which there is a decided improve-
ment on the present system, tlie provision, namely, which, by legally vesting the ownership
of the eitHles in the aidminislraturs, obviates the ditficulties which at present hinder the
commissioner and asents from suing delinquooi debtor* in the name uf the Crown } and this
improvement is mu«i mure than coiutcrbalanced by the other prov ^ions uf the bill. The
direct emolument! of the administrators would still continue loo low lo enable any man of
the required abilities and character lo give his time entirely to his duties as administrator.
In fact, in this respect, the system would be rendered worse than at present, as the bill
throws n number of ex|>ensive duties on the administrators which ore nui required of the
agents, or which, if required, are puid fur. The adminisiralors must, therefore, from the
nature of the case, have been, as the agents are, notaries or lawyers, depending on their
general professional business, as much us or more than on their official emolumenta for
their inroine. The value of their office would depend (much more than ut present) upon
the indirect profits which might arise from the influence it would give them, or from the
outlay upon such repairs, surveys, 8ic., as they could contrive to get authorized. Paid
according to tlteir gross receipts, the odministrators would have no motive to economy,
except such as might jgrow out uf their fear of the board of control lo be placed over
them— a fear which, m all human probability, would only have made bod worse. The
committee of the House of Assembly must of necessity have borne a political chiiracter.
The Jesuits' estates cover a greot portion of three counties — Quebec, Cliamplain and
La Prairie, and n smaller extent of property in three others — Pontnenf, Si. Maurice and
Dorchester. The parties indebted to the estates would have been, almost to a man, voten
for these counties. In such a state of things is it nut morally impossible bnt tbot political
should have been added to merely personal corruption, under a system holding out such
strong temptations to both ?
The present system of administration, then, having been shown thus faulty, and the
system proposed by the Houst of Auembly m> much worse in aeveral of it* features, the
question recurs, what are in reality the measures reauired to make the estates a productive
and econoinicully administered euiiowment. To tlie discussion of this question the remainder
of this report will be devoted ?
},*.-.
Cap. VI.
The ExTBNT and Vali'E of tlie Properties heretofore unproductive, and tlie
Measures by which they may best be rendered productive.
From what hns been olready stated, it is apparent thul the grenier part of the territory of
the Jetuils' estates is, and alwnys has been, unproductive. Oi this unproductive territory, n
part hns been so ilis|)0!ied of, as to rentier ii impossible ever to derive any revenue from it.
The greater port still remains to be disposicd of.
The unimprovable portion is as follows :—
i. Arrii^'ie I'icfs (in Silkry, Notre Dame, Baliscan and Cap de la
M agdrleinr) covering .----»--
a. Indian Reserve (in St. Gabriel)- - - - - - -
3. Free Grnnis uindc by theJestiits forchurches(iiiSillery,St.Gabriel,
Notre Uame, and Cap de Ih Maodeleiiu), returned at - -
4. Free Grants in La Vachcrie and the City of Quebec (two perhaps
made by the Jesuits, the others certainly by the Crown), extent
not Slated, but probably about .--.--
8,661 arpenls.
1,600 „
19 »
10
Tutol
10,290
+
The
• I liovc not a copy of the bill hy mc, and my notes do not nipntiou the rate piwcribeU ; but my impression
is, (but it wus the rutc at proscut iu uss, or a somowlmt lower uiic.
303- ■*' ■*
UA
U8
APPENDIX TO REPORT ON THE AFFAIRS OF
The impfOf able mnaindcr U oHKlt np of the fDllowing portioM >--
I. URgfmtedkHMliBlhtMinlofiMiOVtr . . . .
•. w H in La VaoMfia and ibc town of Tbrea Riven
J. Laad ooenpioa bjr Oovciaawnl, or by olbcn under hi pemit-
■ion, in UM GiiT of Qutbac, at Tadoaaiae, in Three River*
Montreal ( in all, about .--•-..
4. LhmI oooapied in Three Rivers bj Tnuteesof Common
500,000 arpents.
>7 •*
«5
35
la it not poHible for ma to iiate with aov degree of exaotnem the poeiii vc vaino of iheM
latter piopertiet. The inlbrmaiion whim the commiaeion was aole to proonre on thi*
aabfeet, daring the thot t tiaM to which lit inqtiiriee were limited, ii altogether inadeouaie to
that object. It it qaite eaav, however, to mow bj what coune of mcaaurca the nighett
poaiiible letam can bo leewed from them to the ettatat, and not diflloult to give a general
jdea of their probable vake, ihoald (och meaturea be adopted.
1. Thenngmntcdlandin the eeignioriet eoMitta of the following portions : —
InSillcrr, part of the Domain ....... aooarpentt*
lu 81. GTuricI, a tract of above o iqaare leagues in extent, being
li l e a gaa s wide, by more than 6 leagues deep; its nearer extremity
from 5 to 5I leagues from the north bank of ine St. Lawrcnce,aboot 65,564 „
In IWIatr. (of litilo or no value from its situation and the pooroeM
of the land) .......... 910 „
Jn Batiaeaa. about 30 squara leagues, or | of the whole seigniorv,
a strip a leagues wide, commencing about 5 leagues firom tiie
north bauk of the St. Lawrence, and 15 leagues in length, about 013,551 „
In Cap de h Magdeleine, a tract similarly situate, though apparently
larger, about . ........ .994,364 «
In La Prairie, a small reserve within the village, for a College and
Market-place, about ........ 5,,
S03.795
In all, about ...
To whii tin 1844, the Forge Reserve, 85,940 arpents, will be added,
raising the gross sum total to about ...••- 539,000 arpents.
Argument is scarcely necessary to prove, that to ndhcre to tlie old syr tern oF granting
gnder the Feudal Tenure, ii in effect to throw away the whole of :..is extensive tern,
tory. At the present time, with the land held undrr this fuuun., it ii practically worth
nooiing. Two hundred arpents in ihe Seigniory of Sillery, quite near QueSec, — to
near as to have been put up for saie at 3o/. or upwards per arpeni, — have b*""! fir «ix
or seven years in the market, without * porchnier appeari"-; For the lands in the
rear portion of St. OaLi>el. 'I'C coirmiuiortT ttaier ',- ienun, that *heie is almoi lUi itu/veying. Nor is the case
far otherwise in Batiaeaa and Cap de '^ Magdeleine. And not only is ihe ungranted
land thus little sought after, but the lately grxnted la^i! ii fo'.'nd ^• be but partially
cleared, andyrt more partially paid for. InBatiicaa, ttm new ;3ac<-siious have yielded
less than half ilie return per arpcnt drawn from the old, though the average rate of con-
cession has increased by aliout ooa-half in the meanUme. In St. Gabnel, they have
yielded, on the highest computation, little more tlian half. In Notre Dame, the revenue
from them has been leu than one-twentieth part as high as from tlie old concessions. And
sn Belair, for a period of six years running, from a newly-conceded tract of nearly
5,000 arpents, there it not a single payment, large or small, recorded. For this result there
may be assigiied two reasons ; the one being the fact, stated by Mr. Stewart, that much
of the land thus granted is not ^et settled upon; the other, the distance of the centiuire
from the agent's residence, which makea any attempt at collection almost impossible.
The latter of these causes must obviously be ever on the increase, the further the con-
cessions extend back into the country ; the former canuot be removed, or its force weakened,
under the present system of land granting; a system which, with tlie lavs tlut tprng nui
of an<^ .:o-«xist wi'ii it, encouraget a man to take up land without the means of improving
it, holds over his head a heavy tax, in the shape of Ixxit et Ventet, on itt iinprov^meut,
and, partly by this means, and partly through the impouibility of ascertaining title* 'o auJ
encumbrances on land, makes the use or command o» capital (his own or :inoihcv's) all hut
impossible.
That tiie welfare of the province requires the ^weeping away (by tlic shortest and rnon
effectua' cic^norea of which the natuw of the case aciinits) of thii whole system of thingt
in every pait 01 .he |>tovince. is a proposition 1 need not here insist upon. It is tdiniitcd
on aU bands Oliose ulone excepted whose p«ri>onal interests or anti-Anglican prejudices
diMjoalify them irom being regarded as evidence or authority in the matter) that nothing
shortof tliis will meei the exigencies of the case. as regards tlie community in genera';
but this is not the view of the case witli which I have here directly to deal, thuugh it ougUi
not to be kept altogether out of sight. The system which in its general results is tnus
necessarily iielrimental to every interest in the colony, becomes in its application to ti:c
Jrsuiu' estates destructive, or almost so, of their value to the state as an -^ndown .'i.t.
While it exists, the revenue they produce must ever remain trifling and uncertnii: in amount,
costly of colleciion, and burthensome and odious to those from whom it it collec.ed.
It
BRITISH NORTH AMBRICA.
ym
It «M nrgtdl b* Mr. Sttvart, «■ m ob J tB«ti« M Ik* pinpi W — of a c tiMg t «f MB«rt
wfjn Um MiMat, nat MigaiotM rigtiu ooMiiiato lb* btM Md mMmi UfMtaMat of Mpilol
in t.W proviaot, omI thai, Mppotioff Um load bortafttr toM for a tied fvko, tWrt «Ma bo
DO otbtr way of invMtinf it •qoallj adfaoiagooo*. Of ibo ooftoetMM or inaonoetaaM of
ibis ttataMtat, it it ^oiio onni M wary bora to tpfok. It i« obviom thai, graaitof it to bo
•«OT M oorreet. it appliM •xclativoljr to tbo paM and pwiaat Mot* of ibo pw w iaoo, and not
at all lo ibo faiart. I May be aHowad to prwMDo thatibopoHey of toltraiingiho eoniianad
ositKnoo of tbo fbodal lonan, wiib ito aooompaaying imtitatioM, ia, or it on iho point of
, and that a now, boidar aad bHlw |
ba:nv: wboljr and for aver
baacCtpiad. ' This gianicd^ and iba catira atpeot of tbo qnaaiioB it a h aagad.
' wlaK evidanoa of the wiiherioi afoot of tbo aniira lyw
polioyk Mont to
A Bore oonviooioK evidanoa of the wiiherioi efobt of tbo aniira lyitoai of Lowor
Caaadian law, wbiob hat to long pnralyicd all within iia taiaenco, oannot be ntked, thna la
Riven by thi* fact, that nry man thould be found ataerting thai atanay oaanot bo iaveatad
in the oooniry, to at to pfodaea a betier reiom than it yioldad fWiai the right lo colleot •
fovenne aooh at tbo Jeaoitt' ettaict levenne* hat been tbown to ba. It eonnot be, that
nader aay other eodo of law that awy be tabttilaled for it br Englitb IcgitlatioB, tharo
thoaid fail to be oreaied wilhia a very few yeart many Modet of iareaMMat iar torar, nora
produotive and Icm ooitly. In ibe United maiet, it it fonnd qoHa poatiblo to invett pabiio
money for adacatioaal p'urpoiet, in loaat on bond and mortgage, lo private individnab or
incorporated oooipaaiet, and tuoh invettmenit an fai fast eonlimtally made to very largo
amoanit, and tbcir profitt realiwd with great panetnaliiy and eoobomy. Under tbo opera-
tion of a law for the general regitiration of liiln to reaf ettale and of moctgaget, the tamo
tbinc woald become potiible in Lower Canada. In the United Statae ihera ara alto pnbUc
ttooii of uadoubicd credit, in which toch fundt can be inveitad, and which yield an
adequate rate of inicretl. With the conmenccmenl of a new tyatem of thing* in Lower
Canada, it it lo be expected that the tame opporianiliet will exitt then alto. At pretant,
il it unfortunately too true, that it would be hard indeed lo find a teeure and advaniagcont
mode of invetting an educational, or indeed any other fund in the province. But however
tliit may be, it it certainly no let* true, that tKa form in which thit fund exieit at prceent
could hardly be made by any change leu advantageona than it it.
The landt then at pretent unditpoted of muat beaold in free and common toocage, if ihey
are ever lo be made a productive property. At it it an object to diipote of them ai rapidly
and at at good a price at pottible, tney should be at once surveyed and offered for sale, an
invariable condition of sale being caan payment ; a minimum price per arpenl thould bo
fixed, below which no land could oe told, unless by special permittion of the executive oa
talitfactory prcxif given that any particular portion cannot be ditpoted of to high, an^
ought not for the general interest of the calatea to be left watte in the way of the settle-
ment of other portions ; all land should be sold by public auction at stated periods, and a
perfect title abould be given fkee of cost, immediately on the coinpletion of the tale by the
payment of the purobaaa ownoy; socb payment to be (end jlie made within a short
specified time after the day of sale, or the purcbate to be forfeited ; and all monie* received
for land should be promptly invcated in the moat advanlaceous manner that may offer, aa
part of the inalienable principle uf a provincial school fumi.
The price at which tnia hind ought to ba set up for tale must of necettity depend in a
freai measure on the upset price of the watte landa of the Crown, and, without a definite
nowledge of the price proposed for these, I oannot venture on aay thing more than a sug-
gestion in regard to the former. It appeara lo me, however, that a rate of two dollars per
arpent would be low enough to teeure numerous and exieotive purchatet within a tew
years. At present, the gross revenue from all sources (cens et rentes, lods et ventes and
mills together) payable by the censiiaires on iheestaiet, averages a good deal lets than the
ordinary interest on this price would amount to ; but this is not the criterion to be looked
to. It is not worth any man's while, in the present stale of the province, to take these
lands sulyect to burdens of this peculiar character ; but whenever the tide of emigration
shall have again ^et in toward the Canadat, and the rctuitt of t> new policy shall have begun
to manifest themselves in the laud-granting and other departments, and in the reform of
the laws of the province generally, it will become worth while lo pay down a much hisher
price than is now asked in vain tor an ownership of landt which would then indeed be
real, and not as now valuelets because all but illusory.
There it an obvious distinction to be drawn between the case of the Crown lands and that
of the wild lands which form part of the Jesuits' estates. In the sole of the former the
revenue to be realised is not, or at least ought not to be, the object in view ; but the pro-
motion to the utmost possible extent of their settlement and the colonization of the pro-
vince, by meana of it. For this purpose it may be desirable to make the price of such lands
not only payable in cash but fixed and invariable, and to devote the proceeds to particular
uses, having direct reference to the productive and speedy settlement of the lands disposed
of. But in the cose of th*; Jesuits' estates the main object b and myist be revenue; th^
settlement of the land is to be promoted as a means of revenue, and not a revenue to be
collected aa a means of ensuring settlement For thia reason it becomes clearly desirable
that the Jesuits' estate* land be sold by public auction, and that no more of the proceed*
be laid out upon surveys and improvements than a just regard to the productiveness of the
estates as an endowment may be found to warrant.
Were
303.
* The ruvenue from the concesiiuns anil mill*, it it t« b* rementbtied.
U
T
150
APPENDIX TO REPORT ON THE AFFAIRS OF
Were Irgitlutive provition made for ilie adoptioti of • lyttem of thia character, the wild
land in Si. Gubriel miglu be convenieotly Mt oflf in two townahip* of about one league aod
a half bv three leagve^ each} that in Baiiican would form seven townships, or rather more,
of two ieag z» by two leagues each ; and that in Cap de la Magdeleine (includiii)c the
forge reserve) would make more than eight such townships. The trifling extent of land
ren^iniDg ungranted in La Prairie might either be sold in village lots (in which case it
might doubtless be made a valuable property), or it might be employed as heretofore de-
signed, if such destination should be made to appear on other accounts more desirable. The
land in Bclair ia of no account. The soo arpentt remaining in Sillcry would doubtless
soon fetch a much higher price per arpent than that at which they were originally set up for
sale; provided always that the land were sold in free and common soccage, and not subject
cither to lods «t ventM or to the other destructive provisions of the old code of provincial
law, as respects real estate.
It is iiardly necessary to add, that nothing like an obligation should be laid on the
person or persons administering the estates to dispose of land in peculiarly favourable
localities, unless at such advance upon the minimum price as should in his or their judcment
be satisfactory. The land in Sillery, from its vicinity to Quebec, the land in the village of
La Prairie, tfie land in the interior of Cap de la Magdeleine, adjacent to falls in the river,
and consequently having water privilege attached to it, and any other land at all similarly
situate eUcwIiere, would come undtr this provision. While it is doubtless desirable that
such land should as soon at possible be brought into use, it by no means follows that for
this object its value to the estates should be lost. It might possibly be desirable, ns a
temporary measure, tliat some of this land should be leased for a term of years; but in
this case the lease should be sold by public auction ; its terms should be such as to meet
the approval of the responsible administrator of the estatet, satisfactory security for
payment of the rental agreed upon should be ret^uired of its purchaser, and above all, iti
should be so limited in duration as to give all desirable opportunity of an early sale of the
property, so soon as an adequate price can be obtained. The system of leasing properties
pf tliis kind is too o|)en to objection, as holding out incentives to fraud and favouritism, to
be adopted as a permanent policy.
II. As regards the nine unsranted arpcnls retr.nining in La Vacherie, and the eight un-
sranted arpents in Three Rivers, a precisely similar course should be pursued. They
should be sold in free and common soccage b< public auction, for cash, at such times as
may appear favourable to their advantageous sale. The time of sale, minimum price, &c.,
should be determined by the considerations just mentioned with reference to land of luucli
higher value than ordinary within the seigniories. A similar provision might be made, if
necessary, for temporarily leasing any parts which may not readily sell to advantage.
III. The land occupied by government, or by other parlies under its permission, is not
of htf^e extent, but Irom its position ia of very considerable value ns a part of the estate*.
It consists of —
Tlie Jesuits' college and garden in Quebec, at present a barrack
and barrack yard ; about .----•-
The land atTadnussac, held by the Hudson's Bay Company -
The church and house of the Jesuits, in Three Rivers, occupied
as a Protestant episcopal church and parsonage ...
The siie of the Jesuits' house in Montreal, occupied as the site
of the district court-house and old gaol, the latter now a
barrack ..-.-..-..
5 arpents.
6 ..
(?)
0)
Of these properties, I'.ic first is by far the most valuable, and the question relative to its
disposal the most important.
The Jesuits' Cot.lccb. — It will be remembered that the despatch of Lord Goderich,
of 7 July 1831, surrendering the rest of the estates to the disposal of the provincial par-
liament, exprestlj- reserved thia part of them from surrender, except upon condition of the
erection of another barrack by the province to supply its place. The words of the de-
spatch on this subject are as follows :
" I understand that certain buildings on the Jesuits* estates, which were formerly used
for collegiate purposes, have since been uniformly employed as barracks for the Kin{i|'s
troops. It would obviously be highly inconvenient to attempt any immediate change in
this respect ; and I am convinced tliat the Assembly would reject any measure which might
diminish the comforts or endanger the health of the King's forces. If, however, the
Assembly should be ditposed to provide adequate barracks, so as permanently to secure
these important objects, his Majesty will be pre|>ared (upon the completion of such an
arrangement, in a manner satisfactory to your Lordship) to acquiesce in the appropriation
of the buildini^s in question to ihe same purposes as those to which the general funds of
the Jesuits' estates aic now about to be restored."
The committee of the House of Assembly in 1831-3, tc 7^-)m this subject was referred,
reported against any purchase of the Jesuits' college by the province at such a price, and
expressed
■ For nil nionici|Ml purposn, lh« trrritorisl pxirnt of the *' township " at at prefwnt mvaturcil in I^owrr
Csnadn, 100 aqiurc miles, In most incnnrrniriitly largo. Thirty^six square miles is the average iu the state of
New York ; and it it ia every way a much better one.
BRITISU NORTH AMERICA.
»5*
«xpreiMd the confident hope that the Qovernment would ere Iodk recede from its demand
of ihit equivalent, and rcilore the college nnconditionallv to its former ate. la the
aetsion of 1835-6, the Jetoiis' ettatet committee for the nnt lime reported (ihoogh in
very guarded language and with atrong exprenioni of complaint against them), in favour
bf a compliance with the termi oftred by Lord Goderich, and presented an estimate of the
probable coat of building a barrack, (90,ooo/. Cy.), and of the probable value of the coUege«
from which the committee inferred the policy of making the purchase at this price rather
than delay the settlement of the question longer. The House, however, took no action
on the subject, and nothing therefore has been effected thna tar towards the attainment of
this object.
This committee of 1835-6, valued the Jesnita' barrack at a very iiigh price. They
aropoaed to open two atreela acrosa the barrack yard, to aell the vacant building lota
fronting on these atreeta, to convert the f;round-iloor of the main barrack building nto
•torea opening on the four atreeta, which in that caae would pass close to it, and to use
the remainder of the building as a college. Thua disposed or, they estimated its value at
5,000/. Cy. a year.* Of the character of this valuation (whether extravagant or not) I
-cannot speak with any degree of confidence, ai the commission had no oppcrtuniiy of
making further inquiry on the subject. It cannot, however, admit of a doubt that the
value of this property la such a* tu make it a mos: material portion of the estates, and its
occupation by the Government a very serious diminution of their value.
Inquiry was made by the commission on the subject of the cost of erection of a new
'barrack, to supply the place of this building. A highly respectable builder in Quebec,
(the individual on whose estiinatea the recommendation of the committee of 1835-6 was
based), atated hiH own readinesa to contract for the erection of a building which ahould
answer the required purposes for 30,000/., as stated by the committee, with an addition,
however, of from 1,000/. to 2,000/. more for some out-buildings not included in his former
plans. For the erection of the barrack, the House had proposed one or other of three
vacant lots owned by the Crown as suitable. It was found, however, on inquiry by the
Gominiasion, that there were strong objectiona against the adoption of either of theae sites.
One would have placed the barracks outcnal, aad in what medioui, whether in land or nooey, the reqaired paviMnt iiMjr
be auM, it ■ aecondary qaettioa, the propriety or impropriety of reiloriDg iJKt Jeniita'
aaialM to their full rightful extent aad valae in no way dcMitdi upon it.
So long as • provincial parliament exioted with control u«er the provincial chett, Her
M^^mty'a Government might indeed, with tome appearance of reaaon, throw the cmut
of the retention of the barracks on that ied as at present, there is no propriety in making
the ex|;enses of a Protestant Episcopal Church in Three Rivers fall in great part on an
endowment fur general educatiunal purposes in the province. The Government having
seen fit to autliori?e the occupation of this property fur its present use, should uiuke good
the lossiu the estates, if not by the restoration of the identical property, at least by the
grant of a 8atii>factory equivalent. Such equivalent should go to the general fund of the
estates, iinieso indeed the claim of the inhabitants of Three Rivers, abuve referred tu,
•faoiild prove, on further inquiry, to be founded on equity.
Thf. Site op tue Jesuits' Hoi-ss iv Mumtkeal. — By the letter of Lord Gode-
rich's despatch (which excepted only the Jesuits' Barracks) this property was placed iu
1831 at the disposal of the provincial poiliameut. It is occupied by the district court-
house
* In tliis Toluation it woulii h« nercflsarv to inclntlo Iwth land nnd liarrack, iw Iwth arc ri|ually thi< proiirrty
of the i'itat4i), anil tu vniiif thvin luit at tno rrntal whiih wnulil readily he |iaid for a bamuk,' hut at gui-li a
prirc ox, wilji nil r«lf cflort fur the purpuw, it ini)(lit he suppowd thvv vuuld be uiatle h,v tlie udiiiiuis-
tralor of tlir entalt'S to fi'trli, were their uecu|wtion as a liumu'k out of the iiiieMinn. One of the huililin^s on
the KTound (a nIore-houHe) hits )H'<-n rrretiil with (ioveninient money, hihI this woulil have to Ih' cMi'iiteil
fruiu the propobcd valuation. It is iwt easy, hy the way, to ace what could h« duiu) witli tUis building, wens
the restonaion and not the pun-luue of the college determined on.
t Mr. Kinilior mys that another iiieee of lainl at some ilinlnnre up the SaKUrnav, alko within the Hudson's
Boy Coin|inny's tract, was held by the JwHiita. If au — ami the Cacta of the ease oukIiI to Im- aseertaiiied — the
same n inurtu aTs appUvable tu it as tu tlis loail at Todoussav. Nu UMuliuu is iumU by Mr. Stewart uf on/
such property.
-*!H
BRITISH NORTH AMERICA.
153
hoMC and th* fofUMr ttUtrict gaol, iwo boiidiDgs, the whole coit of providiDK which ihoald
have fallen oa the province. A new gaol ha* recently been elected by tot province On
■noiber site, in lien of ihe kuter of thMe buildingi, which ia now ooenpied m a bwiack.
Tbeia buildingn not having been eiccted at the coat of the cilatea, no valid dain can be
laade oat fot thctf trantfer to the esutei. The land, however, on which they Maod b very
valaable, ftmn it> poailion in ilie heart of the city of Montreal ; and a fair eqnivdc ,'for it
■hoold be granted, aince neither conrt-honie nor barrack thonid be provided at the expeoie
of an endowment for education. The present occupation of this property having taken
{dace while this endowment wm in the hands of the Crown, it rc*t* witn the Crown, now
that it it acknowledged to have rightfully another and very different deatinaiion, lo make
up, if pouibie, for iu Iom.*
Should Mr. Kin;l«r't paiertion, that the land known a* the " Government Gardens" forma
part of the lot bek Ij the Jesuits, prove on inquiry to be correct, there is no reason why
that piece of land should not be restored to the estates ; as, though valuable, it is not occu-
pied by buildings of any kind.
IV. The lancToecupied in Three Rivers by the Trustees of the common is held on the
strength of an asserted agreement made by the inhabitants of Three Rivers with the Jeauits.
How far the validity of this agreement it tairiy a matter of dirpule, does not appear from
any thing in the commissioner s teiwm, or in the reports mede to the House of Assembly;
nor had I any opportunity Id Canada to make particular inquiry on the point. Should the
claim of the trusteefc, however, prove to be without foundation, the land in queation oitght
to be disposed of as above suggested in the case of the other lands belonging to the estates,
and not yet alienated.
If the course of meatniiA indicated in the preceding remarks be adopted, there is every
reason to believe that ibe portiona of the Jesuits' esutes heretofore unproductive will be
made to yield within a very few years a larger revenue than has ever yet oeen drawn horn
so much of the estates as up to this time bat been productive. Eventually thi'y may be
expected to produce a revenue woitby of the use to which it it devoted.
1l''j!l
! i.
Cap. VII.
The MnAsriKS required to obtain from the PRopEaTiEs heretofore productive
their utmost net value.
On this subject I propose to follow the order of arrangement in speaking of the'severd
productive properties which is laid down in Cap. V.
I. The Concessions. — From what has been already uiged, the propriety of an equitable
commutation of the tenure on the conceded ns well as on the unconceded portion of the
estates mast be sufficiently obvious. So long as the present tenure obtains in the con-
ceded portion, so long its existence there must operate to the disadvantage of the estates, a?
regards the disposal of the land in rear of them not yet conceded, the tenure of which, as I
have already shown, must be changed, to give it value in the market at all. So long also
must the revenue from the conceuion continue uncertain and difficult of collection, the
accumulation of arrears on it unavoidable, and the expenses of its collection unduly
heavy.
It may be added, at a further m wn
imtely rcipiirea tl', it all post mumupropriatious of piirticuliir (wnions of the estates lie an far as possiUu recalled,
or made up for. It i» not cuou)di that this hv virtually iloiie by the adoption of a general policy favourable to
nlncatioii, and tho praiit (usrfi- iioiw) of a fund from the Crown land, or any other rcveime, m support of it.
The restitution should be openly iu'kiiowleilm\l as sncli, or the conduct of the Inuicriul (Jovermnent will still
remain open to the complaints so often and so elfectively made against it on this account. It is easy, by
carrying out the priucijdc above suggeated, tu niuder this couipluiut for tUu time tu cume impossible, but it
couiiot Ih! done otherwuv.
303- V 3
:!;::|
'■'' 'I
!l
J.
' 4yHV^'">'|rt
»«♦
APPENDIX TO REPORT ON THE AFFAIRS OF
i
The direct adfanlage to tlie revenue of the eautet, of « eommntaUoD eflfected oa equi*
table prineiplct, wonM consist in (be substitution (within a few years) of an easily maaaged
tend, for one of which some 36 or more per cent, runs yearly into arrear, and another ao per
eent.ot thereabouts is lost in expenses of collection. Supposing the amount to be paid in
for commutation of tenure to be a fair equivalent, or in other words, to yield an amount oc
interest eoual to the average of yearly payment that should fall due on the conceasions— say
only for tne 10 years to come — the saving of arrear and. costs could not fail to make the
exaianve every way advantageous to the estates.
II. "nie land sold en ooostitut, or leased, for settlement and culiivation.— -So far as the
land sold en coosiiiut is liable to the charge of lods et ventea, the proposed change of
tenure woaM necessarily affect its purchasers as well as the censiiaries. Except in ihia
pMticolar, no change can be eftecied on this species of property. The temu of sale are
positive and admit of no modification. Tlie extent of land tnua disposed of is trifling, and
the interest upon it is therefore tolerably easy of collection; so tliat this impossibility is
comparatively uuimportant. As the capital due upon it is paid in, it should be invested
with the other capiul of the estates.
The leased farms, as their leases fall in, should be sold by public auction for cash, if hy
such sale their full value can be realised. If not, they should be again leased for mode-
rately short periods, till an opportunity for their advantageous sale may offer. As suggested
in the previous chapter, however, it is important to require that all such leases be sold by
public auction to the highest bidder who can give security to the estates for punctual
payment of the rectal he offers.
III. The house lots disposed of by sulc en constitut or its equivolei^t, are in precisely
the same potiiion with the lands sold in the same way for cultivation just spoken of.
IV. The milb, with the proposed change of tenure, the right to monopoly on the part
of the seigniorial mill», would of necessity fall to the gronno. So far, therefore, as this
monopoly conduces to their value, a compensation for its loss would of course require to
be made .n the sum payable from each censitaire for the change of tenure. The mills
themselves should as soon as posnibje be sold by public auction, as proposed in the case
of the other properties. Till such time as a fair price may be obtainable lor them, it
would be necessary to continue to lease them, still, however, under all the conditions
already mentioned. The heavy expenses incurred on (he mills (apart from nil other
more general considerations) prove the necessity of selling them as soon as possible.
Their expenses might perhaps lio kept down to some extent by a better system of
management; but after the loss of the monopoly they now enjoy, it is impossible they
should long continue a profitable property in'tne hands of any administrator empowered
only to lease them.
V. The coves, saw-log
tageousiy conducted by uiiy dho not possessed of at least that amount of cupiiul. The
forge reserve from the seijiniory of Cap de in Magdeleine, if it be hereafter leased nt all,
must of necessity be leastd to the hulclpr of these forges, and the extent of the capital
required on the part of the lessee renders it almost impossible that any thing like adequate
competition should ever exist among capitalists for the purchase of a few years' l>>ase of a
property of such a character. The provision for leasing by public auction becomes there-
fore in this cnse nugatory.
It is not easy to perceive, however, (he necessity of any such reserve at all fur the
maintenance of the iron-works of the St. Maurice. Fire-wood, charcoal and iron are
the articles to be obtained, the former from the neighbouring woods, the latter from the
surfece of the surrounding country, over which it is found scattered in masses inure or less
plentifully for many miles. But wiio would hence infer the necessity of keeping whole
leagues of territory in every direction from the iron-works an uncleared forest, and of thereby
arresting the progiesf of settlement along the whole course of one of the finest rivers of a
large province^ Would any man propose to set apart a wide waste for n " Sieam-hoat
Reserve" close to a city, because steam-boats require a vast supply of wood for fuel ? Yet
this, in its effect, were not so 1)0(1 ns whac is done for the town of Three Rivers and its
neighbourlioob-
tainuble at a moderate cost, so lont; as ore should be found in ihe neiglibunihuud tit
all. As the supply uf wuml and ore in the ininiediaic vicinity gradually fiiiln, both must uf
T*
V:'^**
BRITISH NORTH AMERICA.
tSS
counc be tou^ht «t an increasing dittance ; but how much belter and more cheaply can
Ihii be done, if the inlenrening space be a setileJ country with public roads thiongh ii', than
if it remains wild and tmversra only by such paths as those who seek the wood and ore
mav make through it !
By the terms of concesaion under the feudal tenure, all mines and metalt are reserved
as the property of the Crown. The Jesuits' estates, therefore, may be said to have no right
to the iron ore on the forge reserve. Except in so far as the Act commuting the tenure
might otherwise provide, the Crown would in fact still retain the right to take the ore from
any part, sold or unsold, of the seigniory in which it lies. A right like this, however, as
it appears to me, it is very far from desirable to exercise. Must not the Crown derive (or
the very lowest estimate) as much revenue from the increased value given to the land from
its being sold without a reservation of this kind, as it can derive from the mere exercise of
this rigni, preventing, as that exercise does, the sale of vast quantities of land altogether ?
Atfd can it be a question by which of the two courses the public welfare will be best pro-
moled 1 Whether in abandoning this right in the cnse of the seigniory of Cap de la Mag-
deleine, it niuy or may not be desirMble to provide by the Cunimutaiioii Act for a compensa-
tion on account of it from the estates to the Crowu, is another question. The amount of
such compensation could not be more than trifling ; and it does not appear to me to be
worth while to take it into account.
On the exiiiration, then, of the present lease in 1844, I think it on all accounts desirable
that this land be surveyed oud offered for sale, along with the other ungranted land in the
seigniory. In fact, till this shall have been done, it is not likely that the ungranted land
in rear of the reserve (more than aoo,ooo arpents) can be sold 10 any very considerable ex-
tent. Till such time as it may be sold, it may be well to grant permiuion (for a fair com-
pensation) to the lessee or holder of the forges to draw wood and ore from it ; but such
permission should on no account stand in the way of a bond fide sale of any pnrt of it ai
any time for settlement and cultivation.
In this chapter and the preceding, I have not spoken of the increased productiveness of
the estates, which may be made to result from a belter system of appointing and paying
those charged with their administration. This subject belongs rather to the concluding
chapter of the report.
Cop. VIII.
The Amount of Arrears now actually due on the Estatiss; and the Measures
by which so much of them as can be collected at nil, nttiy be best mid soonest reiili»ed.
It is apparent from the statements made in Cap. IV., on the subject of the returns of
arreur on the several properties of the estates, thiit they alTord no means of estimating the
gross umount of arrear actually due with r.ny approach to correctness. For several of the
properties, no return of arrears is attempted ; for sevcrni others thf: return is imperfect, not
including lods et ventes ; and in almost every iustunce, us rigurds vens et rentes, the re-
turns are found to be so inconsistent with themselves as utterly to preclude faith in iheir
correctness. Under these circumstances, my remarks on the subject of arrears mutt of
necessity be of a very general character.
From the face of the returns (A. 3,) (A. 6.) and (C.) the sum total of "ascertained"
orreiir due on the properties for which returns are given .on the 30ih September 1837, was
about 14,700/. Cy. adding to this the additiunaT sum "conjectured to be due in La
Prairie, the loial is raised to about 15,500/. Cy.
In these returns, however, it must be remembered that several quite heavy irems are
either omitted altogether or else reported so low as to prove the return grossly erroneous.
From the seigniories in the Quebec agency, in particular, the statement ot' arrears 00
lods et ventes is scarcely attempted in any instance, about 230/., only being called the
total gross arrear in the two seigniories, fur which alone any return is pretended.
That the above amount must fall short of the truth, even for the pioperties on which
it is returned, is indeed sufficiently clear from the fact already stated in Cap. III., that
the returns show an increase of arrear on these very properties for the six years between
1831 and 1837 of more than 8,000/. Cy. It may be true, and I believe it is, that
the increase ot arrear has been considerably more rapid for the last six years than before ;
but it cannot for a moment be supposed to huve been so much more rapid, as that the last
six years' arrears should be actually larger than the whole arrear due from all former years.
In support of this presumption, it further appears from the tenor of the reoorts of the
commiitcc ot the House ot Assembly, as well as from the provisiona of tneir bill of
1835-6 on this topic, that the umount of arrear of very old standing was looked upon by
them lis consiiluting a considerable proportion of the loial arrear due. The bill, in (act,
Iirocecded on the nssumpiion, that upon a great many farms the arrears were so heavy us
to equnl, if not to exceed, their entire value, and the relief it offered consisted in the
remission of :>tirh arrears as should be found to have been incurred by former holders of
the same, and not expressly assumed by their present holders. If, however, the total
uriear of earlier date than 1S31 be supposed (iis the returns make it) about7,ooo/. currency
only, a provision like this is quite unintelligible.
1 cannot pretend to conjeciure the true aiiiouni ut prtsent due. That it must he several
thousand pouuJs at least greater than the above-returned amount is suAicieiitly certain.
It must nut lie forgotten that another year and a half has now elupiied since September
303. U 4 »837i
-I
i^i
M
SiMfi
^iigp^ftf***'*^
W
156
APPENDIX TO REPORT ON THE AFFAIRS OF
1837, umI that if for this period the arrears have aecumalated at the same rata only at for
the lis yean previoDt, another t,ooo/. or thereaboat au*t be added on this aooonnl
alone.
or the i5,>ioo/. above mentionetl, rather more than 9,500/. i« cet down at due on the
I wlthii
Ithin the leiKnioriea, and the remaining Sfiool. or thereabout on the other
■unrcnof revenue. Thedeftciency of the returns, no doubt, affects mainly the former
of these two items, though the latter is by no meani aoouratc.
There is no good reason for supposing it impossible, by legislative and administrative
measures toother, to oollect witnin a few years ahnost toe whole amoont of the arrears
due; unless indeed it be found (us the returns eive but too much reason to fear it may be).,
that the agents' acccounts with the oeositaires nave been so ill kept, as ti afford no lesal
evidence of the amount really due from them. It is not desirable, however, to preu haider
upon the debtors of the estates than is abaolutely necessary ; a term of yean should be
granted, therefore, within which the paymenu due should be required in regular iiistal-
ments ; and in settling the amount due on the concessions, it would be well to remit all
debts to the estates lor which the holders bond ^dt in possession at a specified date are
not through their own act directly responsible. These prraeipleB formed the basis of a late
provinciaT Act for tlie recovery of debu due to the King's domain, which Act has been
found, I believe, to work unexceptionably. They were recogniaed also in tlie Bill of
1835-6 on the 'Jesuits' estates.
TYie reduction proposed to be made by the second of these provisions cannot (so far as
the returns are at all admitted as evidence) amount to a very large proportion of the whole
sum due. Probably, it would be quite safe 10 say, that after it shall have been made,
there will still remain a large amount to be paid up by instalment than the whole sum
which appears on the retiuns. Indeed, except as a oonsequence of moat grossly deficient
accounts, I think it might reasonably be expected, that by a law of the required tenor,
and a faithful and judicious administration cf the estates under such a law, an amount
exceeding ao,ooo/. would be realized on this account in the course of the term of years to
be prescribed by law for such collection.
It is obvious to remark, that all monies thus collected on account of arrears should be
promptly invested as so much capital belonging to the general fund which it is the object
of the series of measures 1 propose to form out of the Jesuits' estates. .
Cap. IX.
Tlie Amount of Monies belonging to the Estates accumulated in the Provincial
Treasury since 1831, and the Measures to be adopted to render it a productive
Fund.
It baa been already mentioned in Cap. II., that in consequence of the provisions of the
Provincial Act, 3 will. 4, c. 41, the net proceeds of the estates have been accumultting
in the hands of the receiver-general of the province since the month of October 1S33.
By reference to the accompanying paper marked (E.), it will be seen tliat the reports
of the receiver-general show that on the loth of April 1838 there stood on his books,
credited to the estates, the sum of 12,686/. 6s. \old. sterling,* or 14,095/. 18 «. ga.
currency. A note from the commissioner of the Jesuits' estates, dated 61I1 October 1S38,
informed the education commission that he had on that day paid over to the receiver-
general a foriher sum of 833 /. 4 «. o ) (f . currency, thus showing the gross amount in the
receiver-general's hands at the close of the financial half-year ending loih October 1838
to have been 14,939/. 2 «. 9 }f right to be added, by transfer from other branches of the provincial revenue,
lo which they have been improperly carried.
The smaller of these is shown on p. 128 of this report, and the pages following, to be
due on account of the forge reserve in Cap de la Magdeleine, from the account of the
King's domain revenue, I presume. Since September 1831, it has amounted, probably,
to nearly 350/. currencv.
The
* IVoTinria), not rral itorliiw.
t In tbo six v»«» and a Iwlf from 10 October 1831 to 10 April 1838, Ihein have been fonr snch psymcnla,
niniiuntiiiK in ull to 73/. 13*. Tjd. currency. Tliiii ■iiioant is not iocluded in the ivtnmi of Ihe nvenae of the
i«lal«-s made liy the commwsionir, nor yif in the- tuhlia (F.) uiil (O.) or in the smounU quoted in the preced-
iiiK I'lmptcn of thin rf\mTt ; tlie two luttiT pnK'ciHling wliully on the data fumiahcd by the funncr. The
amount in i|n<<*tion wa» too small to rc<|uir« durh repeated mention as would have l)een neceoaary for tliis
l>ur|KMo in the report; and it was impouiblo, from thv want of precise iaformation about it, to make it
ai'iK'or on the tables.
BRITISH NORTH AMERICA.
»57
Tha other mm ii mnch larser, 7,1 54/. iji* 4)y be easily inferred from the remarks
offered in that chapter on the defects of the present system, and the faulty character of the
system which the House of Assembly would have substituted in its stead.
Tlie Jesuits' estates, to be well managed, should be placed in the hands of a single ad-
ministrator, who should be clothed withali the powers necessary to enable him to do justice
to his trust, should be subject to the strictest responsibility to the executive and to the
provincial parliament— should be so well paid as to require no other income thi.>i his
official emoluments — and should hold his office by such a tenure, and be paid in suet. ■>
manner u to be placed under the strongest possible inducements to a punctual and
economical collection of every class of revenue.
The general provisions of the bill of 1835-6, in regard to the mode of appointment of
the three administrators proposed by it, might with propriety be adopted for th."* appoint-
ment of this office. He should be appointed by the Governor and Council of the province —
should be required to give satisfactory securities for the faithful discharge of all the
pecuniary obligations of his office, and should be empowered by law to sue in behalf of the
estates in his own name, as a trustee, and not in the name of tbe Crown.
The administrator ought further to have power by virtue of his commission, to employ
agents at his own discretion, on his own terms, and at his own risk. All agents duly ap-
pointed by :he administrator should be empowered to perform any of his duties which ho
may delegate to them ; but beyond this the law should take no account of them. The
responsibility for every official net, whether done by himself or by deputy, should rest solely
with the administrator, and he must therefore of necessity be allowett full power, as regards
the manner and amount of their payment, their duties, accounts, 8lc.
The
• Thew thpfc smonnts are not correctly copied in the despatch and report. The meanltig is not, however,
therefore the leas dear.
BHITISH NORTH AMERICA.
«59
Tha •dminUtrator thould be rvfiuired to make « Aill yearly report, detailiog all the
iranMCliont ol' llie pnu year, thnwing the ttaie of hh aceoonit, the actual Mate of aaoh of
the propertie* and invedmenis under hit cart, and offering luch tnggcation* at ho may
have to make to Parliament or to the exeouiiw, as to any legitlativc or other meaiurta
noi in hit own power to take, wliioh ha may deem advisable. This report •hoald be laid
before the provincial legitlatnre immediately after the commencement of iti regular
■euion. Betides thit yearly report, it would of courte be incumbent on the administrator
to make answer or report on any tpeoiai tuttjcct of inquiry, whenever called upon by the
cxecntiva or by either Houte of Parliament to do ao.
1 am of opinion, that to ensure the faithful discharge of the adminittrator't duties, it
would be adviaable to make hit tenure of ofRce " during good behaviour," and not " during
the pleasure of the Crown ;" if so, he should be liable to impeachment before a speoiScd
legal tribunal (the su|lremc court, should auch a tribunal be created, at it ceruinly ought,
or whatever court may be veaied br law witli the hiahett jurisdiction known within the
province), at the instance of either branch of the lenslaiure or of the executive Neglect
of duty of any kind, and not {positive corruption or deialoation only, should be made matter
of impeachment, on proof of which the court should award at its discretion loss ol office,
or forfeiture, in whole or part, of recogniiani'cs (the latter only in case of defalcation or
loss to the estates by corrupt practices or gross remissness), or both. Deralcatioo or
fraudulent practices of any kind should further be matter for criminal procedure by
ordinary course of law, in all cases where sentence of removal from office may have been
pronounced by such court on either of these charges, and the law officers ot the Crown
Nhould be held bound to prosecute accordingly. Except, however, by sentenoo duly
pronounced after trial by a judicature of the highest and most impartial character to be
found in the province, he should not be removable, or his recogniiances liable to
forfeiture. An officer removable at pleasure by the executive cannot act with the decision
iiecessnry to tlie successful discharge of such duties as must devolve on an administrator
of the Jesuits' estates. No officer, indeed, who is liable to heavy charges from interested
or party motives should be exposed, unlets ftom sheer necessity, to the temptations and
risks with which such a tenure of his office surrounds him ; nor indeed ought ao fertile a
source of dissension as it neceuarily creates between the popular branch of the Legis«
lature and the Government to be kept open.
It would probably not be desirable to charse the administrator of the estates with the
duties of a treasurer more than may be founa absolutely necessary, since by so doing it
would be made so much lest easy to check his accounts, to sav nothing of the increased
amount of the securities which such a course would require to iie given in his behalf. It
would be easy to require prompt payment of all monies collected by him on special deposit
into the hands of the receiver-general, till such time as the same may be required for the
public service; in this case it would be necessary that this payment should be made at
rfaaonably short intervals, and that the distinction should always be preserved in making
it between the monies received «> eurreat income to be expended, and those received as
capital to be re-invested. The former alone should constitute the fund sul>ject to appro-
priation for educational purposes ; the latter (with such deduction only as may be neces-
sary on account of expenses of collection, &c.) should be regarded as Inalienable. The
administrator should not be allowed to make any deduction trom monies received before
paying them over to tlie receiver-general, except in cases where such deduction may be
unavoidable, and then wholly at his own risk, such items being charged as so much paid
towards his allowances as administrator. If disallowed when Ills accounts shall come u|
for audit. No fees, it is obvious, should be allowed ou any warrant or other form of Instru-
ment by which monies belonging to the estates may be drawn from the receiver-general's
hands, whether for transfer as capital to a new investment, or for payment of expenses
of management, or of appropriations for educational uses.
It would be necessary, b^- legislation of the general character proposed in Caps. VI. VII.
and VIII. to give the administrator |>ower to collect the arrears due on the estates, to effect
tlie change ot tenure upon them, and to dispose by public auction of the land not yet
granted. Sic. tic. The same law or laws which should invest him with these powers
would prescribe also his duties In the disoharge of them. From the short period of tiu-.s
to which my inquiries have been limited, I am unable to do more at present than suggest,
as in the chapters referred to I have suggeste
appointed for the audit of other public accounts. Should the adminiatrator be dissatisfied
«i aoeonat of iha disallowance of particular items 1^ the auditing officer, his appeal should
lie to a specified oonrt of law, ana the jodfies consiilutinc snch court shoula prouounce
definitively on the merits of the case. A like course sboiild be followed, in case of com-
phiM by either branch of tlie legislature, against the mode in which the administrator's
•ecounts may be audited, and his chiims allowed.
The result of this system would be, that the rate of charge for administration would be
eantinually decreasing, as the gradual transfer of the property from its present ditadvan-
togaoua form of investment to a better form shall be going on. From the first, under such
• aystem, the administrator might be adequately remunerated, and all other neceasary
•xpense defrayed at a less cost thisn is at present incurred. Every year would add to the
productiveness, while it would lessen the expenses of ilie estates. In hns ilian twenty
yenra, it may safely be presumed iImi a great pari, if not the whole, of the land now nndii-
posed of, would have been sold, and its proceeds advaniaseously invested. In ten yean, or
perhapa less, the chance of tennre would probably have been made to lake efiVci over most
tf not all of the concetwd portion; and the present almost >' ossible collection of cent et
Mntes and lods et venies, converted into an easy and pL ual receipt of dividend* on
stock, or interest on loans, of approved and undoul >ed oi«dit. Every such imvettment of
•apital (made aa proposed within the provinoe> w juld be so much added to tlic available
rcaouroes of the province ; just as every penny of the money at present collected or claimed
from the censilaires who liold under the estates is so muc'i deducted in almost the worst
way poMible from those resources. In the end, a property which is now vexatious and
barthcnsome to almost every man from whom its revenue is drawn, would be made ubviomly
a souiceof profit, as vrell to the individoak who should pay, as to the public which sliouJd
receive anil wse its increased revenue ; a property now yielding a trifling and uncertain
revenue would be made valuable, and certain in its returns ; and its expenses, now as lieavy
as they well can be, would be made as liglit as ii is possible to make them.
It u beyond my power to offer estimates, which should not rest to a great extent on
mere conjecture, aa to the probable increase of the productiveness or diminution of the
expenses of the estates under the proposed system. So far, however, as my inquiries have
enabled me to form a conjecture on the subject, I should snppose that within ao years the
capital fund lu be created by commutation of tenure, collection of arrears, sales, &c. as
•hove recommended, would yield (at six per cent.) an income of not less than 30,000/.
currency per annum, and in the end, I have no doubt, more;* and the whole of tlii» income
might and would then be realiaed. Under the present system the gross estimated income
is little more than a sixth pan, and the average gross collected income leis than a ninth part
of this sum. Under the present system, out of this collected income almost 38 per
cent, has for six years running been expended on collection, management and repairs.
Under the new system, these expenses might probably in two or three years be brought
ns low as 90 per cent, on the current revenue collected for the years appropriations.
In 9o years, I have no doubt tliey could be bronglit considerably under 10 per ceni.f
lliese results, it will be remembered, are predicated alioseiner on the supposition of the
prompt adoption of a gntril poliof of gootrnmaU ana Ughlation for Lower Canada,
calculated to rai»e ilie province from the depressed and embarrassed situation in which it is
at present piaced. Except upon this supposition, indeed, the revenue of the estates cannot
be expected by any possibility to increase, but may even he expected yearly to diminish.
perty in the province is falling rapidly, under the influence of the
fhis property must rise or fall in value to a great extent, in con-
sequence
The value of all other property in the province
existing state of things^ "■" -'
* Tliiii turn may appear too high at ftmt ught, in view of the prcMiit trifling income of the eststra ; but the
extent of the unmtdlaml miiat bo remembered. The estimate prorecda, on the suppoaition that in 20 years
moat ofthia will have lieen mid, and fbrther, that for the other rerr raluable proporliea as vet unproductive to
the eatstes, a ' i^ii'', piirii,. end
visitors.
17. — Any person rcfusip / t'> swiy their esw.-
of King's Bench or circuit.
18. — Members of corporations and vitituis exemnt from militia duty, lee.
ig. — Account to be rendered, through Lords of tne Treasury, of all monies appropriated
under Act to schools.
20. — Act not toufl'ect the cities of Quebec and Montreal,ortheboroughsof Three Rivers
and William Henry.
2 J. — Act of 41 Geo. III., c. 17, not repealed.
22. — Act not to affect the rights of His Majesty to create corporations other than those
named therein.
23. — Act to be deemed u public Act.
fillt
1j|!
No. 8.
BILL introduced in Assembly, February 3, 1818, possed by both Houses, reserved for
Royul Sanctitui, and never afterwards heard of.
Prkamblb. — ^Whereas elementary schools, _ — -..- -_.
parishes ore needed, and would be best obtained by placing such
influence.
on an economical footinr, in the country
schools under local
1. — The rector, priest or curate, 8cc., with the four churclmurdcns last appointed of the
Church of England or Roman Catholic Church, the seigneur primitif, and senior justice
303. X 4 oi
I!'
i64
APPENDIX TO REPORT ON THE AFFAIRS OF
of the pcMe, to be a body corporate and politic under name of " The Syndics for the Govern-
ment of Elementary School*," with powers as usual ; real estate not to exceed the value of
150/. currency revenue, where not more than 150 heads of families in parish, or soof.
currency where more.
a,_^yndics to appoint one or more schoolmasters, of good morals and capacity, to
teach reading, writing, spellin{r and arithmetic ; to displace and replace at pleasure.
3. — Such of said corporations as, in two yean, shall have provided a school-house
sufficient for lodging of teacher and for 30 scholars, and opened the same, shall, upon
report on oath before a judge, transmitted to civil secretary, receive by warrant aod/.
currency from public chest.
4,— Such corporations worth 100/. currency a year entitled to receive from fobrique or
church not more than one-fourth part of its annual revenue.
5. — Corporations annually to account in writing, on the third Sunday after Easter, at a
meeting of inhabitants of parish, of revenues and expenditures of corporation for past
twelvemonth, number of scholan, and name of master ; said account to be filed, within one
month, in prothonotary's office of district, and to be there accessible, free of expeiue, to
all " inhabitants of the country."
6. — All schools under this Act to be open to all children (subjects) equally ; price not to
exceed 5s. per month ; such fee to be the property of schoolmaster.
7. — Act to be deemed a public Act.
No. 4.
1834.— 4 Gbo. IV., c. 31.
Introduced in Assembly December ao, 1823; amended in Council; passed into
law March g, 1838.
THE FABRIQUE ACT.
Pbeamble. — Whereas country elementary schools would promote industry and agri-
culture, and whereas means must be provided for facilitating their establishment.
I. — Every fabrique hereby authorized to hold, without letters of mortmain, for the sup-
port of one or more elementary schools within its parish, real and personal property, how-
ever acquired, subject to restriction as follows.
a. — Provided, that any real estate coining into hands of fabrique for said purpose shall,
within 10 years from that time, be sold by it, " li constitution de rente," for benefit of
school or schools by it established. Fabrique authorized to retain only one acre of land
for school-house.
3. — Provided also, that the whole amount, real and personal, to be thus held for erection
of each school do not exceed ion/, currency, and that the total income for support of its
schools never exceed said committee, and said committee shall have
exclusive control ovtr it.
i. — Trustees thus |/rovided for to form a corporate body, with full powers as heretofore, by
Act of 41 Geo. III.
5. — Lieutenant-Governor of Upper Canada, the Chief Justices of Lower Canada, Mon-
treal and Upp( t Canada, may resign, and their successors shall nevertheless be bound as.
required.
No. 6.
9 Geo. IV., c. 46.
Introduced in Assembly, March 1, 1829; — passed into Law, March 14, 1829.
FIRST ELEMENTARY SCHOOL ACT.
Preamble: Whereas it is expedient, S(c.
1. — Appropriates a number of sums to different school institutions already existing,
among which sums is one of 2,300/. currency to Royal Institution.
2. — Governor to pay by warrant to any country school teacher (not under Royal Insti-
tution), having at least 20 pupils, 20 /. currency per annum, for three years, and a further
sum of IDS. currency per annum for three years, for each gratia scholar: provided, not
more than 50 such scholars be allowed for at any time in a school, and that no allowance
be made on this score, unless it be certified by trustees or proprietor that at least 20 such
free scholars are taught.
3. — Wherever five trustees may have been appointed for purchase or erection of school-
house, Governor may, during said three years, allow them, by warrant, one-half of money
required for such purpose ; said allowance to be made to any fabrique which may have
purchased or built under existing law ; provided, not more than 50 /. currency be paid for
any one school, nor more than 2,000 /., currency, altogether in any one year.
4. — Senior principal militia officer, in every parisn, section or township, to convene
annually, by notice at church-door or most frequented place, a meeting of lanr*bolders at
convenient time and place therein, at which he shall preside, and five persons be elected
trustees under this Act; vacancies by de'Uli or resignation to be supplied in like manner;
uiid record of every such election to be forthwith deposited by chairman in office of nearest
notary, who shall be held to deliver authentic copies thereof.
5. — Said trustees to have entire control of the school for which they may be elected.
6. — Trustees, or the proprietor, or master or mistress, where there are no trustees, who
may receive public money under this Act, to lay before the three branches of public legisla-
ture a statement of the condition of their school, within 15 days from opening of session
each year, in form of schedule annexed.
7. — Religious communities in country parishes, educating poor children, to receive the
beneiit of tiie Act.
8. — Monies expended under Act to be accounted for through Lords of the Treasury.
!;■;(*
m 5 1
11
''hi
W
Ml,,
Return of the School for
SCHEDULE (A.)
for the Year 18
in tii? County of
Master
luid
Miiiieii't
Namci,
Arenge Number
of
Scholar!
liiroughout (lie
Year.
Average Trice,
Schooling
and Boarding.
303.
Number
of
Pour Children
gratuilouiljr
laughl.
Book a
used.
Under whote
Sujicr-
inteadencc.
When
citublitlwd,
Dy what
Authciity
citablinhed.
Huw
fupporlcJ.
UeniRrks, iiuti
It' any
pariicular Sjsteni
of Tcacliiitg ia
InlluweU.
m
\66
APPENDIX TO REPORT ON THE AFFAIRS OF
No. ?.
loSc 11 Gio. IV., c. 14.
«
iDtrodoccd in Auembly, March ,1836; patted into a Law, March a6, 1830.
Amcndt Act 9 Geo. IV., c. 46, and granlt further Snmt fcr Education.
Prkamblk.— Whereat it it expedient to make legislative proviiion for elementary
education by appropriation : —
i.^Rector, curate or minister to be eligible, though not a freeholder, m tchool truttee,^
under Act of iatt tettion.
3. — Private ichooU,'ettablithed since 9 Geo. IV. c. , not to receive advantaget of said
Act St truitee ichoolt.
3,— School teachers receiving money under said Act, to hold a public examination every
six months at tchool-houM;, giving one week's notice of it at church-door or most public-
place.
4. — School-houses erected or to be erected in Montreal, Quebec or Three Riven, to come
under provisions of uaid Act.
5.— Appropriationt made: among others, a,iix>/. (currency) to Royal Institution.
6. — ^Three hundred poundt appropriated for sending a person to learn how to conduct a<
deaf and dumb institution in ?hc province.
All monies to b« accounted for, &c.
No. 8.
I Will. IV., c. 7.
Introduced in Assembly, March , 1831 ; Passed into a Law, March 31, 1831.
Amends two former Acts, and makes further Provision for Elementary £ducation.
Preamble. — Whereat further appropriation, and also amendment of Inws in force is
expedient.
1. — Special grants enumerated, including 2,100/. (currency) to Royal Institution; an
appropriation fur a deaf and dumb institution ; and also 4,000/. towards paying half cost of
tchool-houstt built under former Acts, but applied for after their appropriation was
exhausted; and half the cost of any school-house one league from every other built,.
&c. &c., and ground conveyed to trusteea, 8tc. before 1 February last, if school-house be
completed within the present year; with tome special school-house grants.
3. — Provision nf 9 Geo. IV., c. 46, authorizing payment of 30/. (currency), &c., extending
to May 15, 1833, provided the io«. payment, &c. clause expire (as per Act) January 1,
1832.
3. — All school-payments to be to trustees, or to mRJority of them.
4. — Provisions of this Act and of 9, 10 and 11 Oeo. IV. to extend to all missions and-
extra-parochial places.
5. — Sixth sec'.ion of 9 Geo. IV., c. 46, repealed.
6.— Schools in Quebec, Montreal and Three Rivers to be subject, in all respects, to Acts
aforesaid.
7.- -Separate warrants dispensed with ; pay-lists of at least 30 schools each substituted
8. — Governor in appuint, by one instrument, 19 visitors ; viz.
uasp6 and lionaventure --------i visitor.
Kitnouski, Kainourasko, Lislet nnd Bellcrlinssc - . - -
Oorchesler, E. of Cliaudit-rc, Beauce and Meganlic - . -
Dorcnestrr, W. of Cliaud it-re, Lothbinicre and Portneuf
Nicolet and Ganiaska ........
St. Ilyacinte, Riclielii-u and Rouvilic .....
Druinmond, Slierhrooke and Stanstead .....
Missi>quoi on4
i>
Chombly
-
.
- 3t
II
33
„
La Prairie
-
.
- 3"
II
34
9t
L'Arcadie
-
-
- 26
II
3t
II
Beauhnrnois -
-
-
- 51
II
49
II
Vaudreuil
.
.
- 22
II
30
It
Ottowa -
-
.
- 19
II
67
II
Two Mountains
-
-
- 43
II
»7
II
Terrebonne -
-
.
- 20
)i
48
II
I.achenaye
-
-
- 21
1*
55
tt
L'Aasomption
Monlreni
-
-
-36
II
30
II
-
-
- i8
II
20
II
Ikithier
.
-
- 49
II
75
tt
St. Maurice -
.
.
- 36
II
62
11
Chainplain
-
-
- 27
)i
48
II
Portneuf
-
.
- 45
1}
25
II
Quebec -
-
.
- 16
II
30
II
Montmorency
-
-
- >7
II
3
II
SuKuenay
Orleans -
-
-
- 21
II
3»
II
-
-
- 10
II
H'
iti..!|
1 1
i68
APPENDIX TO REPORT ON THE AFFAIRS OF
3.— Said allowances to commence from 15 May 1839 ; schools receiving them to be kept
under regulationi of this Act, and their trustees to be elected on or befote second Mondaj
in August 1833.
4. — Heads of families in each district qualified to vote for memben of Parliament to meet
on second Monday in June next, and on the same day in every second year thereafter, or
on any second Monday from June to August aforcaaid, notice in full having been given at
door of parish church after forenoon service, and at most public place in district, by onler
addressed to a peace officer, and signed by a justice of the peace, or by (he officera
of milhia highest or next highest m ranU in parish, T. or extra P., for two Sunday
before meeting. Said justice of the peace or other signer of order to preside, and take
and record decision of meeting, as to three persons (not schoolmasters) to be trusi€«» for
two yean, from first Monday in June 1839 till election uf succeuors (not more than three
montiis after expiration of said term). Minute of ekMstion in form specified (Schedule A.)
to be deposited with nearest notary or justice of the peace (failing notary in county) ; said
notary or justice of the peace to give authentic copies when required.
5.- Trustees so appointed and their successors for ever authorized to acquire property,
&c. 8ic. 8cc. for use of their respective schools; and all trustees holding school-bouses, 6us.
&c. erected, &c. by public aid, are to deliver up to them : provided, all inhabitants of any
parish, &c. have equal right of access to such schools.
6. — Said trustees and their successors for ever to have management of school ; to receive,
pay and account for (ot meetine of heads of families for choice of trustees) all monies, Sic.
in any way beloneing to said scnuol ; to appoint and remove teachers; to hire, build, repair
or purchase schod-house ; to sell, exchange, 8ic. any school-house or 'ot, foi the purpose
of getting a more central one : provided, that full value be received for lot or house
alienated ; that school be continued in it till another of at least equal value shall have betii
acquired, vested in trustees, and ready to receive scholars ; and that no such house or lot
be in any way alienated without cotiscitt, in writing, of majority of county visitors, signified
in writing in school minute-book.
7. — Vacancies in trust to be supplied as in case uf original election.
8. — Teacher must before appointment produce certificate, signed by curate or minister
of most numerous religious denomination in parish, according to last census, and by one
justice of the peace in ditto, and by militia ofiicer highest in grade, or by two others,
that lie is known as of good character, has been examined by them and found capable of
teaching reading, writing and arithmetic, in language of majority of inhabitants. School
mr;t have been open igo days in year, from nine to twelve, and from one to four; and
20 children, at least, from five to hftecn years old, must have been usually taught in it.
Mot more than sj. (currency) a month to be char;;ed or paid in school, unless by previous
written ngreenient. A public examination, after at least eight days' notice, to have been
held, and county visitors, or three of them, to have visited school and certified in form of
Schedule (B.) ilicir belief that provisions of this Act are complied with, &c. be.
«
9.— Pupils under five or above fifteen to be taught only out of hours above named, and
3 1, (currency) a month to be highest rate, unless by previous written agreement
10. — Teachers to keep u school journal, to be open to all interested at reasonable hours
out of iichool time, and to be handed from teacher to teacher, in form of Schedule £.
11. — Children to be equally taught in classes, according to age and progress; name of
pupils to be written on their books by teacher, with date. Trustees to make regulations
not repugnant to Act, to be in force at least to ijth May next following, to be publicly
exposed in school-room while in force, and to be observed and enforced by teacher.
12. — Trustees may admit not more than 10 free scholars into each school, provided such
liolars be children of poor persons who have one child at school for whom tney pay.
schola
ley pay.
13. — Teachers to be removed by trustees before expiration of time for which they may
have been engaged, on recommendation of majority of county visitors entered on minute
book, or alter public hearing and decision by trustees on complaint of three cleclon ; said
decision duly entered as above, and teacher paid to time of entry.
14. — Legislative councillors in each county, members of Parliument for ditto, senior justice
of (he poiice and highest iniliiiu ofhcer in ditto, the rector, Ike. of denomination most
numerous in each parish, &c. to be county visitors. They, or three of them (or next
senior justice of the peoee or militia officers hlglieit in grade in parish, 8lC.> shall annually
visit all elementary schools in county in June and July, or soon alter (not in school vaca-
tion), enter certificate of visit, in form uf Schedule B., in niiniitc-book, giving copis
thereof tij trustees. Said copies, signed by trustees, to be transmitted with r.' ^w. r.f
school (Schedule D.) ; also, signed by trustectt or majority, tu resident member foi .■■>, ,(; ,
etc. &c., wiio shall make out, up to May 1 5 each year, a list of schools (Schedule E.), signeii
by him, and transmit it to civil secretary ; who again shall thin have pay li.,i (Schedule F.)
made oui ; anri sums therein specified »liall then be pi-id by receiver-general on receipts f
persims niiined.or of those whit hold their power of attorney (Schedule G.)
ly — Sclio<)l-visitors to delermine differences about schooi-hnuscs, districts, &c., to settle
limits, les«ei. numbers, recommend incrratc of numbers, and convenient site lor a superior
school in each ouunty.
ift-Till
BRITISH NORTH AMERICA.
169
16.— Till trustee* be elected, &c. any Royal Institution school already existing, or and
fabnque, or proprietor's school heretofore receiving public money, may receive allowauceii
under Act, only coming under county visitors j where more than one such school in a dis-
trict, visitors to choose between them. Heads of families may adopt such school for not
more than two yean.
17. — Copiea of Act and Schedules in sufficient numbers, &c. to be printeit in convenient
form, and distributed, &c.
18 — Acts of 9, 10 & n Geo. IV., and 1 Will. IV., repealed.
ip.— All persons (visitors excepted) to give in full and regular retirns of monies intmited
to them undsr Act.
20. — Monies to be accounted for through Lords of Treasury.
(For Schedules, see Acta L. C. pp. 474, et seq.)
No. 10.
3 Will. IV,, c. 4.
introduced in Assembly ; passed into Law, April 3, 1833.
Amer ling Act of 1832.
Preamble.— Whereas it is necessary to amend Act of j Will. IV., c. 26.
1. — The first section of said Act repealed, from and after May 15, 1833.
9. — From 15th of May aforesaid, the said section re-enacted with modi6cationt as
follow
Rimouski
Lislct -
Dorchester -
Lothbiniitrc
Nicolet
Yamaska
Drummund -
Sherbrooke -
Tlic'.ielicu
(Sorel included e
Rouville
Vercht^res -
Chambly
La Prairie -
L'Acadie
Beauhnrnois
Vandrenit «
Two Mountains
Tenebonne -
Bcrthier
Quebec
Montmorency
Saguenay
35
school I
istricts
.
vie
25
r>
»
-
i>
37
tf
i>
-
II
4»
tt
j>
-
n
4»
>»
>i
-
II
a?
1}
»
-
»
10
»
»
-
II
5>
»
)»
-
i»
99
»»
i>
-
II
d of liav
tlK
three more.)
47
school I
istricts
-
II
»7
i>
-
II
35
»>
-
II
34
II
-
»t
30
»>
-
II
59
II
-
»
24
»
-
i»
49
11
-
II
^■i
»i
-
II
48
It
-
II
23
n
-
>i
10
II
-
>i
>9
II
-
II
33
31
30
48
55
30
20
75
33
39
20
3»
30
26
5»
sa
43
20
49
16
'7
21
3. — ^Ten shillings for prizes to be allowed for girls' school as well as for district schooU.
4. — Superiors and professors of colleges and academics, and presidenis uf all education
societies to be county visitors. School-visitors empowered to extend school age beyond
15 years, or to alter school hours.
5,— Returns under 14th section to be made up to November 15 and May 15, in form as
prescribed, and payments to be made with as little delay as possible.
Schools bon&Jide kept since second Monday in August, though without trustees chosen,
may have nllowance made them by visitors, if not otherwise disqualified ; and any second
school in n district with 35 or more regular pupils may b<; cnteied by iliem on tiie list,
provided the whole number in county be not tn'.reby mtidc too great.
7, — Visitors may increase the number of free jciioiars from 10 to 15, provided there be
at least 20 paying scholars in the school at the time.
8. — Four pounds (currency) extra to be paid to any teacher wiio can teach both languages,
9. — Copies of this Act, &c. to be distributed in sufficient numbers.
10. — Detailed accountF', &c. to be miule by nil expending money under Act (school-
visitors for prizes excepted) up to April if, »nd October 15 iintiualiy.
U. — AcctruiU to be rendered through Lords of Treasury, Hi'.:., and also to be laid before
tl e vevcral branches of Provincial Parliament \« ithin the hr«t i 5 days of each session.
303, YJ " No. U.
li
llj
I'M;
rt, i '. ■:
I 1
n»
APPENDIX TO REPORT ON THE AFFAIRS OF
No. 11.
4 Will. IV., c. 34.
Introduced in Assembly ; nasied into Law by Royal Aitent in Counci!, Aug. 151 1834.
Assent proclaimed January 5, 1835.
Preamble — Wliereas, &c, . .
I .—From May 1 5 after passage of Act, to be allowed in —
Drummond - - • . .
Rouville - - . . -
Beauharnoii - • - - -
St. Maurice - » . - -
Two Mountains ...
Quebec . - - - .
Stansuad - - - . -
3. — ^The best teacher in any township. See. may have 10/. (currency) a vear granted him
by visitors, in addition to th' ~ n before granted. A class in such school must be taught
in French or English grauimar, geometry and book-keeping. Where no such school
found, a majority of visitors may appropriate said suras (not above 50 /. currency) for any
superior institution for education witliin county, where said brandies may be taught, unci
which receives no nppropriaiion direct.
3. — Visitors niny, 3
*>
3
w
4
»»
4
»
7
>•
10
»
No. 12.
6 Will. IV., c. 12.
An Act to provide for Normal Schools.
The Preamble recites the want of able teachers througi:nut the province, 8ic.
1. — By the first section it is enacted, that in each of the cities of Montreal and Quebec
certain persons therein named shall meet for the pur|H)se of electing a committee of 10
persons, to whom the formation, organization and management of a normal school shall be
intrusted for five years.
3.- Committees to provide places for the said schools in or near the said cities, and to
engage for not more than five years teachers competent fur the purpose of normal schools.
4. — The course of studies, as far us is consistent with the previous knowledge of pupils,
to extend through three years, and to include Fiench and English grammar, with exercises
in writing and composition in both languages, arithmetic and book-keeping, geography
and use of globes, elements of practical geometry, art of drawing, maps and plans; elements
of chemistry, as applied to arts and trade; the principles of horticulture nnd agriculture, an
abridceil course of mechanics, natural history, ancient and modern history, moral philosophy
nnd tlie public law of the country, and lastly, und more especially, theoretical and practical
lessons on the best mode of conducting a school, and the best method of teaching.
_ 6. — ^The (aid normal schools to be exclusively appropriated for the reception aiid instruc-
tion free of expense of such young persons as may be willing to devote themselves to
teaching, either in primary or superior schools for hve years after the expiration of the
period of their tuition(undr|)ennlty of refunding to the said committtct the whole expenses
of iheir education); and u!to of such schoolmasters as may wish to complete their studies,
and learn the best mode of instructing' others ; provided, that no one shall be admitted into
the said schools under 14 years I'f age, or who cannot prove his moral character by certificate
from a minister of his leligion. »• ^ jstice of the ijcuce, or &c., nor unless he can read either
Fiench or Engliuli, and is coi:vcr«ant with the elfPicnts of arillinietic ; the books of such ns
cannot affor«< ihcin to be furiusiied out of the Amds of the •cliool.
7. — Each pupil (o obtain e .1
teach, 8(,e., and having ducIi eeriifi
Government us^islatlce.
ificaie of study for a '-rrlain time, and of qualification to
iciiteio have preference in employment at scliouls receiving
8.— Governor may nilvanre 400/. to each said cunmiittee to enable them to procuie
professors and to purchase classical book«, uiajis, iii^^lrumenls, furniture and other uriicles
nccessnry
BRITISH NORTH AMERICA.
»7>
neccutrv for icbool ; alio to each the following turns per annum for five yean, vis. ^— 600 /.
for lalane* of profeator* and astiitonti, and 350 /. for th j contingent cxpentei of the school*,
and 1 so /. per annum for three years for board and lodging of five or more schoolmasters
who ihail be anxions to complete their studies in the said normal schools, and shall be
totally destitute of means to support themselves tbere.
g).— Committee to lay a full report of the management. Sec. of the school before the
legislature, attested by the president and secretary rf the committee, and by the chief
professor.
10. — Governor may pay the annual sum of no I. /or three years to the three following
communities :— the Ursulines of Quebec, those at Three Rivers, and the Soeurs de n
Congregation de Notre Dame at Montreal, for the board, lodging and tuition by
each, during Mid term of five or more year*. Females willing to devote themselves to
teachiujg, but not able to support the expenses of tuition, and who should afier the
expiration of the said term, and upon obtaining certificates, enjoy the same privileges as
persons leaving normal schools.
11-13. — Appropriation of monies collected under this Act to be strictly accounted for
to legislature.
m
■j> ' !
No. 13.
BILL of 1836, passed by Assembly, and thrown out by Council.
3.— A YBARLY sum of 3o/. IS granted for four years to each of 1,658 elementary school
districts (therein apportioned and enumerated), and to each additional and separate school
for girls in t,he school districts in each Roman Catholic parish or mission in which there is a
church or chapel : provided, that such school for girls shall be open for the tuition of all
the female children in such parish or mission, at the same rates as the other schools ; and
that there be not already in such school district a convent for the education of girls.
3. — That in each prrish, township or settlement, the population whereof, according to the
last census, exceeds 500 souls, there may be established in the school district in the church
stands, a superior or model school, to the master whereof there shall be paid by the re-
ceiver-general, in the manner in wlich the masters of elementary schools arc paid, the sum
of 50/. currency per annum, pavable lialf-yrarly on the 15111 of May and the 15th No-
vember, provided the majority of the heads of families in such school district shall (at a
meeting called in the manner therein pointed out) have voted n sum of at least so/,
currency, for the purpose of making up the sum of 70/. currency, which shall be the
salary ot the master of such superior or model school, who, in order to entitle him to such
salary, shall be capable of teaching reading, writing, arithmetic in all its branches, the
syntax and grammar of the language of the majority of the inhabitants, the elements of
mensuration, geography, and more especially that uf America: provided always, that such
scliool shall be in the stead of the elementary school for boys in such school district, and
shall not be established in any dis'..ict in which there shall be already an academy, college,
or other superior institution receiving aid from the province : and provided also, that such
superior or model school shall be open for the tuition uf all the children in the other school
district of such parish or township at the same rate as fui that of the children in such
school district.
4. — That no master of n superior school shall be entitled to the said allowance, unless,
before taking charge of such superior or model school, he shall have produced to the
trustees of such school n certificate of his good morals, character and sobriety, signed by
the rector and by a justice of the peace and the srnior niiiitia officer of the parish in
which he sliall have last resided, or a majority of them, and also a certificate of his being
qunlified in the manner hereinbefore required, signed by tlie superior and director of some
college ill this province, or a certificate signed by two magisirates and an ofiicer of militia,
certifying that such master is known to have gone thiotii^h a regularcourse of study in some
college in Europe or in the L'nited States, which certihcate shall be enregistered in the
minute-book of such schools, and then transmitted to the member for the county, whose
place it is to make the return for the schools in the county.
5. — Thot it shall be lawful lor the school-visitors in each county to alter the school
districts heretofore established, being guided in so doing as nii ' h as possible by the popu-
lation and the number of schools allowed foreiuli parish, township or subdivision of the
county, as set forth in the schedule of the parishes in each coimty hereunto annexed ; auch
new diBtribuiioi! being subject to the approval of the niembers for the couniy at the time
they make their visit; and for the purposes of this Act, the powers of the members shall,
in case of a dissolution of Parliament, continue to be vested in them until their successors
•hall be elected, any law, usage or custom to the contrary notwithstanding.
6. — Allows 10.V. ;>rize-money to be distributed Ly visitors among best chiliircii in each
district school, and also in each girls' school as aforesaid, to be paid according to the number
«f such districts, and of such girls' schools in eoch county, by a pay list on the receiver-
303. Y 4 general.
m
n
mf
T
>7«
APPENDIX TO KEPORT 0!f THE AFPAIRS OF
Mieral, in favonr of the mident mnnber for the county, the 6nt on the return, or id
oefiiuU of luch resident member, to the member not resident who is first on the return, or
in his absence to one of the members for the county ; and a report shall be annually made
to the legislature of the manner in which such money shall have been employed, ana of the
effect produced by such distribution.
is.— That it shall be lawful for the heads of hmiliesin each school district in this proTincei
duly qualified to vote at the elections of members to serve in the Assembly thereof, at any
meeting duly notified and held in conformity to the provisions of this Act, or the majority
oflbem present at such meeting (at which the justice of the peace who shall have called
■nch ivccUbg, if present, or the militia officer highest in grade, or the senior of those of
equal grade present thereat shall preside), to vote any sum or sums of money for the
purchase of a lot of ground for tiie site of a school-house, or for the building or repairing
of any school-house, or for the support of any school-house or teacher for such schoU
district; and sue!) vote shall also ipecially state the greatest amount of the expenses which
may be incurred in levying such sum ur sums, and also the manner in which the repartition
or assessment thereof upon the electors qualified as aforesaid shall bo made : provided
always, that the notice ot such meeting shall specially set forth the object or objects for
whicn such vole is proposed, and be read in nn audible voice at the several places of divine
worship in the parish or townihip or extrv-parochial place, or other more public place, in
which such school district is situate, immediately after divine service in the forenoon, on
two Sundays or obligation holidays immediately preceding the day fixed for such meetinz,
iind such notice hIiuII be posted on the door ot the school-house of the district in which
such meeting shall Ix* called, during the eight days before such meeting: and provided
also, that it shall also be otherwise published according to the provisions of this Act;
and at an}' such meeting it shall be lawful for any six voters qualified as aforesaid, to
require the adjournment of sucii meeting (which shall be adjourned accordingly by the
person presiding thereat), to the second Monday of the then next month, and of such
adjournment due notice shall again be given in the manner hereinbefore provided, and
according to the provisions of this Act : provided always, that at such meetirg (which
may adjourn on the requisition of six voters as aforesaid), the decision of the majority of
the persons present thereat shall be final for such year.
13. — That wheii any vote of a sum or sums of money shall have been passed at any
such meeting held as aforesaid, the amount and object thereof shall be certified by tfaie
person presiding, together with the notice or notices of such meeting, and the manner in
which the repartition or assessment is to be made, 10 the school trustees for the district,
who shall cause a repartition to be made of such sums among the qualified electors
residing wilbiu their achool district, in the manner decided upon at such meeting;
and such repartition, with a statement of the expenses of making the same, signed by
such trustees or a majority of ihem, shall be published in a manner at d form prescribed
with regard to the notices of meetings bv this Act; and such notic : shall contain •
statement of the time ond place when aiia where the said repartition will be presented
for confirmation before the justice of the peace residing in the county, and nearest to
such school district (who shall be named in such notice), and that all objections to the
same will then and there be heard and finally determined; and such justice of the peace
is hereby required acd empowered to hear and determine the same in a summary manner,
according to the evidence wliicii shall then and there be adduced before him, on oath, and
he is hereby authorized and required to administer all oaths requisite to enable him so to
determine the same.
14. — That such repariiiion being duly confirmed and certified to be so by such justice of
the peace, the amount thereof shall be paid by the persons therein named respectively to
the school trustees of the district, within 15 days from the date of such confirmation, or
within 15 days after the time fixed by the majority of the inhabitants present at such
meeting for the payment of such cotizaiion, or in default of payment by any such person
of the sum or of any part of the sum in which he is assessed by such repartition, such sum
or part thereof as shall not have been paid, may be levied by warran; of distress, and by
the sale of the defaulter's goods and chaiiels under such warrant, which may be issued by
such justice of the peace, on the inspection of the repartition and certificate of confirmation
thereof, and on the oath (which oath such justice is hereby empowered to administer) of
one of the school trustees, that such sum or such part thereof as aforesaid is then unpaid :
provided always, that the delay between the seizure and sale under such warrant shall be
tlie same as that allowed by law between the seizure and sale under writs of execution issued
out of the Courts of King's Bench sitting in inferior term.
38. — All parties intrusted with the distribution of money under this Act, wUh the
exception oj the tchool-vuitort who diitribute the prixe-money, to account by vouchers for
tlie same.
The provisions contained in various clunsea for the election of trustees and masters, and
the quolifications required of the latter are very much the same as those of preceding
Acts.
Appendix (C.)
BRITISH NORTH AMERICA.
•73
\
Appendix (C.)
TABLEAU fa Kceui CtraotniuH *■ Dionn d« Qattt.
NOMA
PAROISSBH.
n. D. nw
8. AuelDfi . . -
a Cbin
Fnuiiplon
H. Frufou dr U Douce •
a Omrgr, ililto ■
a Jowph, ditto
S. Mult, ditto
a, .iMn-ChryMMtome
S. Henri d> Ijiuion
S laiiliirr
S. SilvcKtrp
l*ointi-I^i
S. NicoUi
8. AntoiiM de Tilljr
S. Croi*
Lotbiuine
8. Jnin DMchaiUoui
a rrhain -
S. Agso
Khalluir
KlMHilrrniMM'
Ilka aui Tuudnt
Biie a Paul -
IMil«-Hi>iin
a jMcbla ■
S. Anno
Rielwr
Ange^Omrdim
R. Laurent, bl« d'Orlcam
8 Jcu, ditto
S. Pianfoia, ditia ■
8. FamiUa, ditto -
Da
PtUM.
Mil
Point it rtiMiM.
I
Point d'tcok.
riitlo )■
Ditto J
I
Point.
Poiul.
I
Point d» r^|nur.
4-BU««a.
I.41T
ft4i>
to
M
10
40
U
4V
M
ISI
Eoolaa da
FkbriiiiH.
Ouin la LarluK Fraafai-* et
I'Ecrltun, an aoari^^.
M
SI
IS
MO
U
40
M
90
ISI
41
lis
100
40
ss
•s
Si
«3
11)
80
70
Bl
100
10
14
IIS
64
lOH
104
9
S<
SO
do
IS
SO
4S
6S
303-
( 1^ Heminaire nnn eonprU. )
FranmU, AngUii, Arithoiitiquf,
Owfnphitt fcc.
Arithnetique.
Gnnunura Prnafuit, ArilbnU-
tique.
Diltoi ttt AngluM, Arithin^ti()ue.
Ditto.
GramiMirr Frtncun ct Aofflaiie,
Aritknttiqwr. Utgiraphie.
ArithnMque.
Arithnttiqw, U^ogrwhii*, Ortu-
nain Fruif«iN tt LatiM.
Arilhm^ique. (Ecob de fille
Kulvnue par t« curi. )
Arithm^iquc, Orammair* Fran-
(aiaa H Anglaiae. (La £abriqite
donae qiialquacbuw. )
LretVK An^aiae et ArithmMqiM.
Orammaire Franyaiae et Anilaiaa,
U^ofraphie. ( Uiw inaiMm four-
nie par la ^brique.)
Ditto* Arithmetique.
L'icole dm ftUea cat tenue par Iti
Mwrt de la cunfr^atiooe.
Ahthn^etiquc.
Ditto.
Ditto, AnffUis dana deiix. (La
falffique fouroit, )
Ditto, Orammaire Fraofsiae et
Latine* deaain broderie.
I>ilto.
Ditto, daoa une, Grammaire Fran-
f uae et Anglaiie.
Ditto.
I rOanti IT* paroiMea leu ^ctAr* uat
^ . rcMv tli'puiM queltjuca aanivn* par
1^'" Hvfatit de la r^coltc.
Arithnit'tique. (L*6:nlo dea 6Ilea
lit ti'nue par lea Maun de la ooo-
greffation.
Vac 6cule Aofilaiw aoua le ayaleme
df IjmcaHtre.
Grammairo Fran^aise et Arithme-
tique.
Arithmetique.
Ditto.
Ditto, Aofflais et Praofaia, O^-
graphie.
Dau tmia nn etueignc la Gram-
maire Fran^iiae ct Anglaiae at
r Arithmetique.
Dant une, Grammaire Fraofaiae et
Latine.
ArithmMque.
Arithmetique, Geographic.
Ditto, Grauimaire Francaue.
Arithmetique. (I.1 fahnqtie doiut*
le ) de aefl revenua k res ecolea. )
Orammaire Francaiae, chei let
&U«at detain et broderic.
Grammaire Fran^aiM, Arithme-
tique, brodwie.
Grammaire Fran^aite et Latine.
( l^laiMo foumie par la &brique. )
Arilhmeiique.
Un peu d'Ai^Uii.
Artthnetiqne, Geographie. (L'E-
eok dca filka eat tanne nar Iti
da la congffgatioti. )
{^cnntinu^A
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9fi ';
•74
APPENDIX TO RBPORT ON THE AFFAIRS OP
T«iiiiit in Eralw (\ih<>lli|uM da IliociM it QiutMc — conUmrl.
NOMM
PAH0I8HEM.
R. rbm, liW d'Otlruia
Bnupnrt
CkwMcMri •
a Amhnlm ■
AMltnfwl.an«w •
N. D. ika Aagn •
8. Fo)r»
11. A«fi»li» •
Mat* Ml TnmWM
Eaimili
<^ SwM .
Duchtnihalt
OnadiaM
R. Horm Uptnde ■
8. n7«
1 matt also ntiurtt /ou lu uie the uinioii |MHlble dripatcli in lemling in your relurni, m
my luium u|>criiiiuii» drp«iui niuterinlly ii|H>n them.
The nddri^i to which lliey iirv to h« »eni i» printed on the oultide of lh<' envelope iit
twhioh thi* and the other paprra will vonie tu you.
.' In vaie thn accoiiipunying tables ihuukl not be aiitHcient tu coinpriM all the icliool
di»trivt» in your Mr, Joseph Gary, inspector of public
•ecuunis, will, uptm your application, lupply yuu wiih Miiy I'urther nunibcr ot° tablet jou
nay require.
I have the honour to be,
Yunr obedient humble lervani,
jtrthur BuUtr,
Chief Couimiuioner.
Explanation of ih«- ncconipnnying Tablki.
Tablr, No. 1.
In thii Table are to be itated,
I. The number of elfmriiinry icIiool dintricta into which the
was divided, iit the lime ot llie cxpirntion ol the luii- School Act ; vie. In April 1830.
I. The number by which cnch of tht.>si- school dislricii nak ordinarily di-aiHuated in the
achool returns made under the liiiv Act, ns " School Dutirict, No. 1," " No. i," tme,
3. The boundaries of each school district, as ihry were then established.
4. The state of the Mh(M>l in each diHirici. U it now open ; and, if so, lias it been ever
discontinued since the School Act expired, und how \w\^ i If not now optMi, when was it
given up i
5. The envernment of each school, Is it n school under trustees chosen in pursuance of
the School Act, or is it a Royal Institution, fabrique or proprietor's school, adopted by the
district {
6. The date of the Arst opening of each school.
y. Whether there is a school house in Uie district; and if there be, what kind of house
it is, and its value.
8. Whether there is any land helongin;; to the school ; and if there be, its extent (in-
cludine the lot on which the tchoul-house stands), and value.
g. Wlirther the school Ims any otiirr property (furniture, books, or any thing else)
belonging to it ; and if au, of whiit desciiiition ix such property, and what is it worth ?
10. The present statu of the house, (and, or other property, as regards repairs, culti-
vation, 8lc.
II. The person or persons occupyin;; said house or land, or using or keeping said other
property. I1iu nnuie und address to lie given. Uy what right und in wiiat manner do
ihey so occupy or um- it.
lu. The person or persons in whom said properly, of whatever kind, is by law vetted.
Name, occupation (notary, justice of the peace or other public officer?) and address to be
given.
13. In what caiiacity said persons arc its legal proprietors; whether us trustees chosen
under the provisions of the lute School Act, or in any other capacity.
14. Uy whiit legal instrunicni said property has been conveyed to them (i. e. in case the
school in question is not a proprietor's scliool).
1 5. The date of said legal instrumen'..
16. In whose hands the said instrument is. Name, occupation und address to be given,
as above.
17. The date of the last election of trustees for each school that is under trustees.
N. B. — The first of the above questions is to be answered in the heading prefixed to the
table. The others are to be answered in the order in which they are put, each in that
column of the table marked out for it. Liites are ruled across the table, to divide off a
convenient apace for each school disitrict. If the space allowed for any particular answer
is loand insutficient, the answer can be finished on the other side of the paper ; or, if neces-
iarv, two or more spaces can be taken up with one school district.
In the case of any school district in which there is more than one elementary school to
report upon, one space at least should be taken for each school.
TADLE.No.a. 'lUWiSH
In this Table are to be stateti the following; particular* relative to the teachers of the
several elementary schools mentioned in the tormer table, the subjects taught in each, and
llie school-houses, where there are any :
I. The Teacher.
1 . Name of teacher oi teachers in each school, in the mouth of April 1 836, and alto tt the
present time (if there be any).
a. Religion of each of suuh teachers, whether catholic or protestant.
3. Languaue of each teacher ; whether acquainted with French only, or with English
only, ur with 00th.
J03. ka 4. General
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APPENDIX TO REPOBT ON THE AFFAIRS OP
4. General qnaiificatiom of «Mb Itacbcr. It he well qmlified or not, 10 teMh what he
pTulietKt to leach ? in rojr oate where a teacher it onable to write or to read, or writea or
Kadt indiffneaily, it ia pariicalarly detired thai tach foot thoald be dittinctljr tiaied. Any
other deficiency inould tito be tiaied. And in like manner, where a laadier it looked apo*
at pariicolarly well qoah€ed for uaehiag in general, or for teaching '» any paiticalar
biancit, that (act alto thoald be atated.
5. How and when each taachrr haa been eduoated.
II. Thb SoBjrcTB Tavoht.
1. Nomber of pupilt learning the French language. All children, whether of French or
Engllth familiet,are to be included at learning French, ihoush they mav not learn French
gramfaiar, if they are required to learn other letiont, or to tall, in French. Where French
Kiammar it taught, it it to be ttated in the answer to Question, No. 8, of thit table, among
the "other subject*."
The tame rem'ark to be attended to
Same remark to be attended to at in the two
It ahould
s. Number of pupil* learning the English language,
at in the former column.
3. Number learning both languages,
former columns.
4. Number learning to read Engliih.
5. Number learning to read French.
6. Number learning to write.
7. Number learning arithmetic, and the amount of arithmetic that it taught.
8. What other tub|ecta are taught, and to liow many pupils each it taight.
alto he dated how much it taught on each subject.
9. What moral and religion* inttructian, and how conveyed. I* the Bible or any portioq
of the Bible uted, as a reading book or otherwise i If so, what veition it oied, how often
i* it u*ed, and i* any explanation given by the teacher i It any calechiam taught ; and if
to, what catechitm, and how frequently i Are any other religion* books used? Do the
clergy, or any other persons of any denomination,* visit the school, to give religious inatruc-
tion ; and if *o, of what donominaiion, and how frequently f
10 The school books used.
III.— The School-bovib, if any.
1. When built.
8. Whole cost of ground nnd building. Ths cost of ground and building to be stated
aeparalely.
3. Amount of public money received to defray the ezpeute of building.
4. The manner in which the reit'of the money wat raited. Any debt ttill owing on thit
account to be tpecified.
N. B.— The answers on the above tubjecit are to be given each in its proper column, at
in the former table. Double linet are ruled acrots the table, to divide the return* fur the
several tchoolt from one another. The space allotted to the antwers for each tchool to
tbote quetliont which relate to the teachert and tubjecit taught, it further divided by ■
tingle line, that two separate answers may be given to each of these quettiont, — one for the
month of April 1836, and the other for the present time. Wherever any tpace it insuf-
ficient, the answer can be finished on the other side.
In the fint column in thi* table i* to be written the number of each tchool diatrict, to
correspond with tlie Humbert uted in Table, No. 1. Wharever there may be more than
one tchool in a district, a teparate t|iace thould be uken for each tchool, at in Tahht,.No. 1.
Tablb. No. 3,
la to be filled up at followt : —
1. In the first column, tie number of each school ditirict is to be tet down, to correspond
withTtbles No. 1 and No. 11.
a. The population of each tchool diitrict it to be slated, in the next six columns, vii : —
In the first and second of the six columns, the whole number of male* and ftraalet respec-
tively, in each achool district.
In tiM third and fourth, tho whole number of pertout who are of Engliih and French
origin, respeotively.
And in the fifth and sixth, the wholenomber of Protestants and Catholics respectively.
L The number of chddren between five and isyeart ofage, in each tchool diitrict, is
ttated in the tame manner, in the next six columns.
4. The number of persons above 15 years uf age, in each school district, wlio can ripud
and write lufficiently well for all ordinary purposes, is to be stated in the next two columni;
the first column, containing the number of males, and the second the number of females.
5.' The number of persons above 1 5 yean of age, in each tchool district, who can read
but cannot write, is to Ite stated in the tame manner^ in the two columns next following,
6. The number of children between five and 15 yean of age in each tchool district, who
can read and write tufliciently well for all ordinary purpoiei, it to be ttated in the same
manner, in the next two columni.
' 7. And
m
BRITISH NORTH AMERICA.
>77
I
J. And the number of ditto who can rend but cannot write, in the two following.
s. In the next eight colaroa*, the number of diildren in each tchool dittrici, between
live and 15 yeart of age, actually attending an elementary tchool, in the month 6f April
i8s6, when the late School Act expired, it to be staled, via : —
' In the fint and second, the number of boys and girls, respectively.
In the third and fourth, tlie number of English and French origin, respectively.
In the (ifih and sixth, the number of Protestants and Catholics, respectively.
And in the seventh and eighth, the number entered on the school boolts, as free schc/lais
and paying scholan respectively.
9. In the eight columns following, a corresponding return is to be made, of the number
of children in each school district, attending an elementary school at the pre' at time.
N.B. — ^The lines ruled across this table, mark off, ns in the two former tables, the space to
be taken up with the return for each school district.
Table, No. 4.
It to conuin the following general statements in regard to the elementarr schools in the
for each kchool year, from the year ending in !^ovember 1828,
to the present year (both inclusiveV
I. The whole number of elementary sch'iols in actual operation each year.
How many of them received public money each year.
How many tchool houses there were in actual use each year.
The numMr of masters of elementary schools employed each year.
The number of inifcircstet of elementary schools eEDployed each year.
6. The wiiole number of pupils entered on the boolcs of the elementary schools for each
year, specifying the number ot boys and girls, and of free and paying scholars, respectively.
7. The average number of pupils actually attending said schools each year, specifying
the number of boys anu girls respectively.
8. The gross receipts of the elementary school teachers for each year, specifying the
amount received by them from the public funds, from the scholars, and from other sources.
N.B. — ^Tlie lines ruled across this table divide off a space sufficient for the returns of
eoch school year.
3.
3-
4-
5-
Tabli, No. 5.
Is to contain the same kind of information in regard to any parts of the
that may not be included in the school districts, which is required in Table, No. 3, in regard
to the school districts.
The first column is to contain a specification of the situation and extent of each such
tract: and the subsequent columns are to be filled up in the same manner as the corre-
sponding columns in Table, No. 3.
Where more than one tract is described in the first column, lines should be ruled across
the table, to divide the answers which relate to each, from those referring to another.
Table, No. 6.
In this table is to be furnished the following information relative to any other Institationii
for Education in the , besides those returned in the foregoing
tables: —
In the first column, every such institution is to be named and described ; stating whether
it is a boys' or girls' school, a common or superior school, academy or college, its precise
locality and the average age of its pupils.
Any girls' school in a parish, which has received the public allowance of 30/. (cunency)
. per annum, under the late School Act, is to be returned in the former tables, as an elementary
school, in the school district in which it is situate; and the questions put in those tables are
to be answered in regard to such school, and not those only which are given in this table.
Any other girls' school will be returned in this table.
In the subsequent columns successively, will be given the particnlnrs in regard to each,
which are indicated in the ubie iuelf. Any other particulars that may suggest ibeiBselves,
can be stated in the column of " remarks" or elsewhere.
Where more than one Institution is to be reported upon, it would be well to rule lines
across the table, to divide the several reports from one another.
It is of course desirable that all the returns asked for in the above Tables, should be
rendered as nearly exact as possible. Where for any reason it is not found possible to make
them exact, the word " about" should be prefixed to those estimates which are at all con-
jectural.
In case of a difference of opinion on any point, between tlie gentlemen to whom these
inquiries are addressed, it is desirable that the fact should be stated in tlie column of
" Kemarks," or in any other more convenient manner.
1;
^03-
Z3
No. 1.
'' '«■■
4
178
APPBNDIX TO RBPORT ON TBBAFFAIBfl OP
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>83
Appendix (E.)
CONTENTS OK APPENDIX (K)
CoigroraLetlerfiKimtiM Earlof Durbiun totheMM-quUof Nonnwlijr • - - • p. 183
Report from (be Chief Seeretaiv, on the Commutation of the Feudal Tenure* in the Iduid of Montreal,
and other Seignioriee in the PoawHion of the Seigniory of St. Sulplco of Montreal - - p. 184
Ordinanee of the OoTemor-Oeneral and Special Council of Lower Canada, for incorporating the Semi-
nary of St. Sulpice of Montreal p. IM
Report from Mr. Turton, on the Eatablidinient of a Regittiy of Real Property in Lower Canada - p. 196
Copt of a LETTER from the Earl of Durham to the Marquit of Normmby.
My Lord, Cleveland Row, 31 May 1880.
Tbb last portion of the Appendix to my Report on firitigh North America, which I have
now the honour of transmitting to your Lordship, consists of Reports from Mr. Buller and
Mr. Turtou on two questions of considerable importance, to which 1 instructed them par-
ticularly to direct their attention. Mr. Turton's Report contains the draft of an Ordinance
for the establishment of a general registry of lands in the province of Lower Canada, with
some explanatory remarks : Mr. Buller's consists of a statement of the steps which he took
with a view of effecting the incorporation of the seminary of St. Sulpice of Montreal, and
the enfranchisement of that city from the feudal tenure, with the heads of an agreement
respecting the most important points of such a measure, to which he succeeded in securing
the assent of the parties chiefly interested therein.
The importance of these questions, together with the strong and general desire existing
in Lower Canada for the speedy and satisfactory settlement of them, are so well known to
your Lordship, that 1 need lie at no pains in enforcing the necessity of a prompt and full
consideration of the Reports which I now transmit, or of the adoption, at the earliest
possible perio«.', of the legislative measures requisite for carrying into effect such of their
recommendations as may be judged sound and practicable. 1 have to regret that the
labours of Mr. Duller and Mr. Turton could not, with the utmost diligence on their part,
be brought to a close till it was too late for me to take upon myself, as 1 wished, the
duty of proposing to my special council Ordinances founded on their recommendations.
I have, however, within the last few days, received from Lower Canada the very satis-
factory information that the labours of my mission have been continued by my successor,
and that his Excellency the Governor-general has, with the advice of his special council,
passed an Ordinance for tlie incorporation of the seminary of St. Sulpice, which I have
inserted in this Appendix. It will be perceived that this Ordinance is in all respects
framed on Mr. Buller's agreement with the superior of the seminary which precedes it in
the annexed Report. By the last clause it is provided that the Ordinance shall be of no
force until sanctioned and rendered permanent by the Imperial Parliament, or by such
future legislative authority in the province as shall be empowered to pass permanent laws.
I have received a lette'^ trom the superior expressive of the anxiety with which the re-
spectable community that he represents desires the immediate sanction of the Imperial
Parliament to a measure which shall put an end to their doubts on the subject. The
assent of the present special council, which contains not only those who may fairly be re-
garded as the true representatives of the British population of Montreal, but also most of
those who from property or residence are themselves most interested in the auestion, may,
I think, be considered conclusive proof of a general concurrence, on the part of the public, in
the equity and expediency of tlie course adopted. I have heard of no indications of a
contrary feeling on the part of emy portion of the population of Lower Canada ; I cannot
therefore refrain from impressing on your Lordship, in the most earnest manner, the pro-
priety of losing no time in at once pro|x)sing to Parliament a Bill for giving iiermaneut
Ibrce to the Ordinance in question. To me personally it will indeed be a source of great
303. A A 2 gratification.
Appendix (E.)
1 (
:u
\H
APPENDIX TO REPORT ON THE AFFAIRS OF
A««rib (1.) (ratiAcAlion, if tlw MteatioB whieh, mbmI M Um moN inportut lubjectt of Inqwy tad
" mora praMing denuidt on imiMdial* action, could be davotod to thia tubject by ny raiMioii
•hall nave bmn the meani of removing a cauie of much haraiiinK doubt and controveny,
and of conferring a great practical benefit on the inhabitant* of the most populoiia city of
the Province.
I have not received any intelligence of the adoption, by the ipecial council, of any i
■ure with retpect to the registration of real |irot)erty. If the draft of tlie Ordinance
prepared by Mr. Turton shall meet with your Lordship's approbation, I should recommend
that it be sent out to the Govemor-geneial, with instructions to propose it to the s|)ecial
coancil, with a clause similar to that in the accompanying Oniinance respecting the
Mminary, ■uspending iti operation until it shall have been sanctioned and rendered perm»>
nent by an Act of the Imperial Parliament. In such case it will be advisable that Par-
liament should give the special council a power of imposing such fees and fines aa may be
requisite fer establislung a general registry of real property.
I have Ac.
(signed) Durhtm.
REPORT from the CmarflBciiTABv, oo the Cohmvtatioii of the FnioAt TnirBKB
in the island of Montnal, and other Seigniories in the Potsewion of the Seigniory of
St. SutpUt of Mmtrtml.
My Lord,
I HAVB great satisfaction in being able to slate that the steps which, in compliance with
your Excellency's instructions, I have taken with respect to the enfranchisement of the
Island of Montreal from the feudal tenure, have resulted in a settlement of tlie principal
points in a manner, which has been considered satisfactory by the parties most interested
IB ihe matter.
It is not necessary for me lo give fur the information, either of your Excellency or of
Her Majesty's Government, any detailed aixount of the peculiar c/rcumsiances, which
distingnisli the enfranchisement of the Island of Montreal from ihr. general question re>
sarding the feudal tenures throughout the province ; and which, in that district, render
Uie existence of that tenure peculiarly undesirable, and its removal by voluniary arrange-
ment peculiarly ensy. The seigniory <>*' Montreal comprises the wliule itiand of that name,
mmI includes the city together wiih the ground, over which it must in the progress uf time
extend itself. In such a spot the pernicious influence of these feudal leourea, which in all
parts of the province retard the extension of its commerce and the developement of iu
natural resources, is felt with niiginenied force, as presenting o barrier to ilie enlargement and
improvement of the city. The fines on alienHiion, which impede the transmission of land,
and impose a heavy tax on every improvement, while they nre iiyurioiis to the use of land
for agriculture, are infinitely " '•« faiul to its being rendered applicable lo building purpo«es.
The existence of the feudal . ture has been the occasion uf loud and lone complaint
among the mercantile population of Montreal; and has been perceived lo be the main
cauM of the slow progrcM both in extent and proiperiiy of a city, which, as well from its
position at the confluence of the St. Lawrence and the Ottawa, and at the hishest point at
which the river is navigable from the sea, as from the increasing resources of the rich and
extensive territories drained by these waters, possesses every capability for being ere long
one uf the greatest marts of trade and seats of population on the American continent.
And, however the progress of Montreal may have sunered from those unfortunate causes,
that have hitlierio operated so prejudicially on tlie general interests of the British colonies
in North America, it may fairly be concluded, that if this peculiar ubttacle to its pros-
perity were removed, the ciiy would receive an impulse to its improvement, that no other
circumstances could entirely counteract.
The postewion of this seigniory by the ecclesiastical bo well as against the policy of any
uttt-mpt or the part of the Crown to dispute the le^al title of the seminary, and to enforce
cliiiiiis wh'ch have practically been long suflered to lie dorinant, " Whether or not," say
the C'omiiiissioiiers, " ttie legal title be in the seminary, the King has done numerous acts
•rliieh would render it very wrogatory to the honour of the Crown to contest it, except
t
^p^ii
BRITIIH NORTH AMERICA. 1%-
far the muAnwmn of ••■• RiMt pabKe good, which oo«M not he fabtvl hy My oibar
mtum." 'Th« re|Mrt of ilic CommiM(nnrn» ana the irmiy which thty •iinofiffd lonrgo*
ciaie with iheMmiiMrv are •dilitionul anrf imptirlanl rrcognilion* on itw pnri of thtOrowa,
of ihc liile of iliat body. Nor i* the ettablithmmi of th« tmiiinary in ihe unditfintcd po»>
(fiiion ol' ilii* property HrmMndfd leu* by good priion of ilt revenuct ii devoieit lo the mainlenance or large and
nieful inililulioii* of educaiiun ; anuilier portion lupporit miuionary rttablithmenia among
the Inctiani ; and after tuiiitryiiig the miiny claiins on it* charity, which iia genermity bu
hH( ajwnyt been in the hubit uf admitting «k imrutnount, a tcanty pittance it left fur the (rugal
mainteniince uf the individuni nicoibtrt. Ylic fuiictiuai, which the wininary ihm take*
on itieir, are tuch ai the (iuvernnient mu
com|Mnied by the enfranchitement of the Island of Montreal from itt feudal bnrdeni. To
thit cundiliun the seminary has in the most ready and generous manner acceded. The
termt proposed by it to the Canaila Commissioners appeared to them to liberal that they
onhetitatingly recommended their adoption in the report, which 1 have qnoied above. And
your Excellency was so much of the same opiniun, that in compliance with your intiructioa
I made the recommeiidntiuns of the Commitsionen the batii of the plan by which 1 pro-
posed to elfeci the cuniinuiation.
Yunr Excellency is aware uf the objections which were raised ij tlie plan, when it became
generally kimwn that it was to be based upooo/. for iha Uland of Moalraal, and 11,700/. for Um, otbw iwu
■tigniorie*, and alio with reaped 10 all Am* thai may ancrua is falurt, ihcjr thali
n»l detnniid for raeh niuiaiion mora than ooa-lweativlh of iha value ou each lot
having buililingt, •ml bring wiiii llio buildiiigt of the value of moot, and upwardi,
wiihin ilie chy *>(' MonirrHl, or more than one^ixicenlh wliare the laud it uuuide Um
ciiy, or wlirrr with ilie biiiliiinfta on it, il i* ol' let* value than 900/*
4. Thai tliete Mrrriim b« paid wiihin levan yrar* wiihoul iniermi, in (even annual
intiNlineuts ; any iIvI'muIi for three muulbs after demand, to rtnder Um whole of lb«
remaixdrr exigible imiiirdialrly.
5. Thill the leininaiy be bound to coromnle, on demand, all itt acignioria! right*,
provi(l«d that no cen»iiiiirp (hall be entitled to demand coiumuiation until he sliail bava
paid up all hi* arr«-ar* of (rignioiiMl due*.
6. Th)
I hut ihe t-eu* el renua be commuted by payment of the capital repraaeolcd by
them at the legal rale of iniere*t.
That tlie I(mI« et veniea of any lot wiihin the city of Montreal, nmi having buildinai
on it, and being wiihiuch builiiin^i uf the value of 500/. and upward*, ahall for tm
fir(t*«ven year* from the date of the letter* piitent be commuted lur a iMtymeni of not
BM>re than onc-iwrntieih of ilic value of *uuii lot.
At the t-nd of ■even year* and liefore the end of fourteen from the tame date for a
payment of not more ilinn one-eighteenth.
At the end of fourteen from the tame date, for a payment of not more than one-
tixteenth.
That the lodt et ventet of any lot wiihin the city, tlit buildingt on which are of leat
value than 300A, and more than too/, thall during the flrtl of the above-mentioned
period* be commuted for a payment of onf-*ixicentli.
During the aecond ibr one of one-foortecnih.
During ihe third for one if one-twcKth.
Til .1 the lod* et vente* of any lot ouuide the city, or of any lot wiii>}h being wiihin
the ciiy (hnll not have building* of the vilur of 100/. thereon, »hnll during the firtt
of tlic*e period* be commuled for a payment of not more than one-twelfth.
During the *econd for one of one-tenth.
During the third for one of one-eighth.
7. That, where the amount of tuvh commutation cannot be teitlcd by voluntary
agreement, both pnriie* are to appoint an arbitrator: one of tlie jud^e* nominating
inttead of the *eininaiy, if it neglect* to do »o; and the Court of King'* Bench lu
nominate a third. That thete three are to *ettle ihe amount* of commutation and
arrear*. Tl,at the award be 6oal, and that the expentet of arbitration be borne
equally by the partiet.
8. That thi* award and payment of tuch *um*, dtall operate a* a final commutation
of all teignoriai duet, and the land he hencefoiih held in " franc aieu roturier," which
it never again to be convL-rtibic into u feudal tenure. Tlie right of the teiuinary to iti
' fixtil at a redeemable «|uit-reut, (rente
privilege* tiir all arrear* reinuining the *ume a* if there had been no change uf tenure.
9. lliat the amount of cominutation *hail be f '
con*tilu6e rachetable) on the properly.
mortmain faw*, and go to the
10. That the lurm of St. Gabriel thnll be *old by the aeminary, and if not told
I of the
Crown.
within ao year*, thall fall within the provitiont (
11. That the moniet received for the arrean, commutation, and farm cf St. Gabriel,
thall be invetted only in the public tecuriiie* of the United Kingdom or iit coloniei,
with ihe exception of a power of holding 30,000/. worth of property produciiijg
income to the teminury, whirh it thall be permitted to inveat in any land within the
province, except llie farm of St. (Jabriel.
13. That the tcminary thall lay before the Governor a detailed ilatcment of it*
ettate, debit and expenditure, atol'tenat the Government thall require.
13. That the teminary thall continue tnbiect to the tame powe.-t of vititation in
temporal mnttrrt a* were po**e**ed by tlie king* of France, or are now {Mttetaed by
the Crirtrn of England.
It it not necettary for me on the pretent ovcaaion to enter into any detailed explanation
of the objectt with which the vnriout clautet of the agreement have been framed, in
framing the termt of a formal and complete agreement with the teminary, it hecaaie
ncc'Mary to enter into detailt which had not come under the attention of the Comrni*-
tioneri ; and many of them had reference to poinlt of considerable delicacy and difficulty.
On cithert, which had been adverted to by the Commiitionert, 1 found that it wat necetaarv
to make tome alterationt in order to meet, a* well my own, and I believe your Excellency*
Tiewt of what the public interet? demand*, at thote of the persont who reprenented on thit oc-
cation the view* of the public nt contracting with the teiriinary. On tome of them I have
not thought it necettary to enter into much explanation, but have contented nu'telf with
merely pointing out the general nature of the provition to be made. Your Excellency
will perceive that tome of Uiete pointt refer to the genend constitution and management
of the teminary, and othera to the precite termt of the pecuniary arrangement to be
made.
I feel that I have acted in perfect accordance with your Excellency't own viewt, as well
at thote of the Canada Commitsioners in laying it down aa a general rule of conduct in
thit
BRITISH NORTH AMERICA.
«I7
iMi HMlltr, tiMrt ihf occnion of the propoMd comomutioa WH not to b« MiMd for tbo
JiHraoM of infbrcinK with regard in the leiniMry of Montreal any regulation not callad
or by iIm artnal arrangement itic If, and which would introduce a praclire at alt different from
that adopted wlili re*pccl to lh« oilM-r ecclciiatiical and educational in«tituiiun«> of ih«
pro*inc«< Tlie teminnry of Moiitrnil will, in tiiiieof any arrangementt now afl;>pted with
reftrenot to ilielf alone, be liable to any general enacimvnt which thr Leginlature
may ncreaftrr find ii necetMry to adopt with re>|ie(U lo iiiuli inttiiuiiunt. 'I'll* Comini*-
■ionert in their report have in my opinion very juitly remarked that " becauM the leminary
of Montreal hat conrentrd to an urgently required improvement, there it no reaton that
further nlierationt, which, if g(H)d, arw M|ually to be winlied in every other religiout tcmi-
nary,thoold be cxclutively ur^efl upon iltit one; nor would it be contittcnt with the com-
mon rulet of prudence that an arrangemenl tn long dctired in retpect lo the property of
Montreal thould be tubjecled to llic ritk of being indefinitely poalponed, or even of failing,
by adding lo it furilicr rcfot'mt nevercoupled with it tiil it teemed on the point of lucceed-
ing." It will be teen tliut it it proposed llial the utet of the property now in the handt of
the teminary, and which hnve been regulated by the gooo f.^iing of that body, and
the cutiom to which it lint conformed, thould be tpecifted in the pnblie act, by which
ilt title it confirmed. At a further meant of control over the management of the iottiiu-
lion, it Inm been agreed that its rulet of innnngement thould not be valid without con-
firmation by the Government. It it alto proviurd that the teminary thall, whenever ibe
Government thall require, lay brfore it a Jetaileil tlalement of in iiecuniary affairt. The
teminary preferred making ihit accouninbiliiy dr|)endent on ihe demandt of the Govern-
rornt to a periodical account, which had been proposed on the other tide; and to thii plan,
which the gentlemen of the body lepretenled at conformable lo their own riewt and
ancient cottomt, there teemed to exist no objection* that rendered it at all advitable to
iniiti upon a periodical account. The teminnry objected to the creation in theiroaac of new
and peculiar powert of viiitatioii. Hut tlie higheit legal authoriliet of the province were
of opinion tlmi the powert of vinitation hitherto pititeued by the Crown of France and
England were quite luflicienl for all uiefiil purpose*. And a clauie to tbit effirut hat been
inserted with ihe entire consent of the teminary.
The Dritith population of the province appeared to be very dpilrraui that the teminary
should henceforth ceate in great measure to appear in the character ot'* landed proprietor ;
and above all that it thould not continue to posseii a large extent of Itad in the city.
In the general objecliont lo the pottettion of large landed property itf (-'.rltriiatiMU
corporations, objection* of which the force hns been long recognixed by tkt in»rtini»rii
laws, not only of our own but of every civilized European count.* , I could not oi>l entiu^j
coincide ; and I felt anxious that in making ihii n^ret-i ^nt wii the teminary prt/vitlon
thould be mide that it thonld cease to hold such portion nf its pr ""nt landi at lie in the
immi*diute neighbourhood ot the city of Montreal; and that ili> '"ids arising from Ihe
tale of thrir lands and (he coinmntaiion of its feudal ri^hti should it'iit he reinvested in
landi. The opposition of the teminary. which at first extended to any sii|Klfnf' <;t' the
kind, reduced itself by dogtces to narrower limits; and 1 found that it wonid be sun .fird,
provided it were permitted In hold so much land n« would suffice for the various build>
initt required for its ediicntinnal establishments, togrihri t*ill' some houses t« the city,
which would pinhably serve for little more tU^a the accominodution of iiii pnvfettort and
other persons connected with it. It has be< determined, therefore, that .iMf fP'"\ of
8t. Gabriel, which it the only extensive landej •state possessed by the seminsirv hu (he
Island of Montreal, and which must very soon be required for building in the evvtiiof any
extension of the city, thnll be sold; and that nil the money received by way of arreait arM
of commutotion, together with that arising from the tnle of the farm of St. Gabriel, shall b«
invested in the public securities of the United Kingdom or it* colonics, the teminary being
permitted neverthelest to acquire or tn retain 30,000/. vrorth of land in the province.
It now only remaint fie superior in hi:) coniniunicntioni with me. This amount I ha^'e
tpetihi in the agrrenv <•<. at 44,000/. for the Island of Montreal, and 13,700/. for the
other tvt <'eignioric%, bti i( altogether 56,700/. ; and, as this is the ttatement of the teminary
iitdf, 1 til k it would nu< W< bearing unfairly hard upon that body if the total amount to
be received r arreart thould be to limited in the Act of incorporation.
In the pr«i|>csal roade by tli' neminary lo the Canada Committionera, and adopted by
them, the U'rin< proposed for Ue coininutation of the lodt et vente* differed in *omo
re!>| <'it from il xie pro[>oted i<.r the collection of the arrears. With regard to the latter
it was clearly ath snbie that tlirre !' i
i< t
II
■#
iN
APPENDIX TO REPORT ON THE AFFAIRS OF
Appmdi* (C) thow within it. which bear buildingt ot lett value than fioo/. On the firat daw i« haa beta
— — in the habit of taking one-twcntieih, on the latter one-tixleenth of the whole falut «f thf
property h* the fine or alienation { the iegal claim being (twelplication of capital, it
thouuht it quite fair and necessary to lake the full legal amount of one fine. Adhering 10
iis old classificalion, it had demanded this Inrger amount on all lots containing buiMings
of less Viilue than 500/. ; but it assured me of its perfect readiness to accede to any new
scale by which a distinction could be give the force of law lo ihe agreemenV It is a matter of doubl,
whether in the present stale of its title the seminary could make such a vul''^ surremier as
would be requind ns a foundation for a frcfh gram on the conditions ug .ed in Lcitert
Pttleiit
mmm
BRITISH NORTH AMERICA.
»«9
Paluit fiwr tbc CrowD. Aa Ordinuce paned under ibe pment limited power of the
GoT^taaf^nd council, would oni;|r h? valid lor three or four yean, and oonteouenily no one
wouki commute under it. It ia certainl; not detirable, that the Imperial Parliamait
•hould undertake the ttik of leginlating at a diaiance c» • unbiect requinng to much local
knowledge. The only coune that remaini it, that the ImperiaT Pa.iiament thonkl paw an
Act, givhiK the force of permanent Uw to any Ordinance paned hy the |ireient legithtwre
of Lower Canada, for the incorporation of the teminary of Sr. Snipice of MnntnnI, «id fbr
the commutation of tenure in the w'lKnurie* now poMCMcd by that ^Midy. Intmctiom
might then be tent cut tu prupuae to the tpecial council an ordinance fouided on tbt
foregoing agreement.
In bringing iliew remarka to a cloie, allow me to iropreat once more on vonr Excdlency
the importance of taking advantage of the present diipo*ition on both aidet to mcwc to
the public the great practical benefiu, which mutt retnit from an equitable tettlement
of this queition. Your Excellency will, I am tare, tee the necetiiiy of removiog from this
dittracied community, one even of the minor cauaea of difference.
I have, tec.
Quebec, 3t October 1838. (aigned) db. fiii/i!tr. Chief Secretary.
LETTER of M. QuibUer in antwer to Honorable Ck$. BulUt't Letter of si nil., requiring
information on leveral points relating to the Seminary ;— <3 Encloturet.)
Monsieur, S^minaire de Montreal, 5 Septembre 1838.
Dans la letlre que vout m'avez fait I'honneur de m'ecrire en dale du 95 dn mois dernier,
▼out me demandez, pour I'information de ton Excellence le Oouvemeur-gen^ral ;
1. Un 6tat detcBuvres auxquellet let fondt du t^minaire tont maintennnt contacr^s.
S. Un it»t det produitt des moulint, des droits de mutationt et des rentes, pendant
In cinq demi^res ann£e», dans chacune de not trois seigneuries. He de Montreal, St.
Sulpice et Lac des deux Montagnet.
3. Un rapport U'siailld des lodt et ventes d6t, det datet de cliaque mutation, des
noucs des vendenrt et ncqu^reurt, et des propri^tairet actuels. Meit dant voire lettre
du 31 dernier, vout m'aves permis de la part de ton Excellence le Gouvemeur-g^n^ral,
de me renfermer dans un rapport tommaire det lods et ventes arri^r^s.
En r^ponse aux sutdiiet ouettiont, je prends la liberty de vous ref^rer aux trois rap-
ports ci-inclus, dont le nombre correspoud au nuuibrerespectif de cheque question.
Avec la meilleure volont£ et le travail le plus tcrupuleux, il n'a pat it€ pottible de
parvenir ft quekjue chose de plus exact. Je d6tire vivement que ccs renieiEnementt
puissent satitfaire son Excellence Le Qouverneur-general, et acc^lcrerla conclusion de
ceiie affaire importanie.
J'ai I'honneur d'etre, avec ane haute consideration, Monsieur, .
Votre ti&t-liumble et tr^antb^issant terviteur.
Honorable Charles Buller, QutMicr, Supr.
Secr6t8ire-eii-Chef, 8ic. he. tu.
Enclosure, No. 1.
Lbs OBUvres dont Ic s^minaire est charg^ sont,
I. La desserte de la paroisse de Montreal, compot^e d'environ 30,000 catholiqnes,
dont i Irlundaii, Anglais, Eco«sai», pour lesqiiels le s£minair« entretient babituelle-
ment 15 h 18 pr£ires. Le s^minaire recoil de plus tont Ics pr^lret du diocite de
Montr^l et des antret pays, qui veulenty prendre rhotpiiolit£.
3. La mittion du lac det deux Montagnet, pour rinttruction des sauvages Iroquois
et Algonquins, pour iesquelt le s^mlnaire entretient 3 et esses commun^ment 3 prfitres;
une ^le pour les gargons et fl 6colet pour let Biles.
3. Le petit t^minaiie ou college, oik il y a habiiuellement 5 pr^tres et 15 maitres,
oik Ton enseigne le Fran^ait, I'Anglait. le Orec, le Latin, let bellet lettres, la philoso-
. phie, les math^uiaiiques &c. &c. Plus de 150 pensionnaires ei plus de too extemet
triiquentent I'^tablitseroent.
4. Let ^olct de la paroitto qui tont tenuet par une trentaine de maiiret ou de
maiircsses, et dans lesquelies pr^s de 1,400 enlaps rcfoivent une educaiiuu presque
toute sratuiie. ....
5. UnesaHefondeeftrHupiiul-g^ii^ral det Sceurs G rises pour o pauvres vieillaids
invalides qui tont nourrit et enirelenut aux frait du t^minaire.
6. Une auue talle fondle au ineme hup>t«l pour 40 orphelinct Irlandaites. nourriet,
intiruites et entretenues nux fruit du teiuinaire jusqu'ft ce qu'elles toient plac^es dans
des families hoiintiiet. ,„» , ,, .,. ..»
7. On ajoutc cetie ann^e uu etablittement de Frvrei det ecutet chretiennct, dej*
fr^quent^ par piut de £60 jcunct gar<,*iint, k qui nu enteigne gro/Htfeainf la lecture,
I'ecrilure, leculcul, legrainnialre, la gC-ographie, let eiiinent dc la giouiutrie et du
destin lin^aire, &c. &c.
8. Les aum6nes publiques ct tecrettet, toutcriptiunsi et ameliorations publiquet
absorbent ce qui rette de revenu* iiprdt les charges reinpliet.
II est ft remarquer que les ausdites cBUvresauguientvroiit en proportion dc la population.
MonUial, 5 Sepiembre 1838. QaiWier, Sup'.
Apptndix (E.)
\
'5,
3<'3-
BB
APPENDIX TO BEPORT ON THZ AFFAIRS OF
SaoloMuc, Mo. g.
Appendix (E.) Paooun dct SuomuMBa de Hoiithbal, de St. Suipicb et do Lao dm oiox
-— MoRTASMii peodaat Iw cinq deraidm ano^.
^ 1. Seigneuiic At MomtrtaL
1033 ... .
,834- - . -
1835- - - .
1838- - - -
1837 ....
LiMbctTtiiMt
taHhVMtal
In
£.
3.095
3/>98
3,332
Lad* M VlBlM M
Rcmw M rialc
«.«49
>i69.?
1,873
1,783
1,906
tIanMlidct
Ikn U dn lip*-
£.
- 65*
- 480
* 5®°
- 607
- 578
TOTAL.
£.
5«9fi
5.«03
5.305
4.758
5.705
26.967
9. SeigDeurie
d« St. Sutpiee.
—
Lodt d Vcnlci tt lUala.
Bloidin.
1833 .,...-
>834
;gi: : : : : :
•837
£.
. . 663 ' -
. . 73a . .
. . 653 - -
. . 783 - -
. - 781 - -
£.
. . 308 - -
. . 955 - .
- - «5i - -
. . 396 - -
. . 489 . .
4.978
3. Seignearie du Lac du deux Uontagnet,
1833
1834
1835-
1836
1837
- 1,334
- 877
les
954 - -
304
B55
554
Produit total des troii Migneuriei pendant let 5 deroi^ret aoo^i
Monuda), 5 Septembre, 1838.
7.'7«
• ^-39.117
QuibUer, Supr.
EndMure, No. 3.
Dani le rapport fait anx commusairn en 1836, lea arr^ragei de la leigneurie de Mon.
tr^al ont ef6 ettim^ h 34,000 /. dc bonnet deties.
Lea arranges de* trois teigneuriea penvent t^tre ettim^ maintenant coame suit :
Ilb db Montbbal.
lyapi^i on reieT6 unez correct dea mutation*, lea ioda et ventca dm, an lieu du tv^ allone par
la loi, il faut d^duire encore 1°^, ce qui r^duiroit la tomme cideaaua en borniea dettes
ft environ --.-----..-. £.31,000
Nona n'avona paa de relev^ exact de i'lle et de* deux aotrea aeigneorie* ;
mai* en calcniant par le nombre de* terret de chaque seigneurie, lea an^ragea
aont a peu prea comme auit, d^uction faite dea non Taleur et de* gr&ce*
ordinaire* -^-. -.--.-.. 13,000
£11 la *eigfieurie de St. Sulpice ....... 4,000
En la seigneurie du Lac -.....-- 7,800
£■ 56.70^
Montr(!al, 5 Septembre, 1838. QuiMier, Sup'.
BRITISH KORTH AMBRICA.
Cbtr Mtomienr, S^minaire de Montreal, 15 Septembra 1838.
J'ai eo I'lionneiir de reoeroir ▼otre lettre do lodernier, dam iaauelle Toin me demaodeSf
1. Quel eat le mootant total det lodi et venlcs pendant cbacune dn cinq derniiret ann£e«
dam la cit£ et let faabourn dc Montreal i t. Quel cat le moount anooel dct inAnie loda
et vcntet pour le rcate de la oon*i«e dc notre scinicnrie de Blonto^ i 3. Qnd eit le non*
tant det cens et rentes daoa toute la leigneurie de Montreal, pour cbacune det cinq dcniiiret
ann6ei, et auni qndle toauoe en « &^ collcct^eT 4. Ennn, d'apr^ queliat r^lan OQUi
regardoni comme atauTaiaet dettet ceruini arr£raget de loda «t veoie* ?
Pour donner I'^tat nientionp^ par la premiere question, il faudroit parcouiir et relever
cinq Tolumet in _foUo dn terrier de la ville et det iaubourgt, et revoir tout let comptet ; ce
qui deuianderoitle trarail auidu de deux pertonnet habilet pendant plutieun moit.
L'^tat auquel a rapport Ut a<>* quettion ett encore plus difficile et pint long; let notairn
dant la campagne ne font pas exactement les retourt de leurs octet ; il arrive qu'un grand
nouibre de mutations nous dcmeurent inconnues pendant plusieurs anuses. Un nouveau
terrier ponqpoit tcul nous fournir les moyens dc parTenir, II cet £gard, k des renseignementt
exacu.
II n'est pas impossible, cependant, si Ton veut, de savoir quel ett le montant approximatif
des rcvenus de la teigneurie de Montreal, pendant cbacune det cinq demiircs anuses.
Les arr£rages de lodt et ventet dant la ville et les faubonrgt pendant les 30 demiiret
ann6es montant en bonnet dettet & 31,000!., ce qui pr^tente par an £. 1,033
Let arr6ragesde Tile 13,000/. par an .....
Appr-lx (K.)
433
La recette r^elle des cinq derni^rea annees y comprit let moulint, ajant €l6
d'environ 26,767/. ; c'ett par an ........
Ainti le retrenu annuel de la teigneurie de Montreal peut-£tre ^valu£ it -
£.1,4^6
5>393
£. 6,859
II monteroit plut haut si les lods et ventet £toient exig^ telon la rigueur de la loi.
II n'ett plus facile de r^-pondre tl la premiere partie de la 3* quettion. Let rente*
annuellet de toute la teigneurie de Montreal, ^ comprit la ville et let faubourgi, lont de
3,000 minott de bled et 100/. en argeni. Mait il ni ett abtolument impottible de specifier
ce qu'il en a M per^u chaque ann6e. Dant noslivret de recette, nous portont aim|Nement
ce qui est pay6 tans mentionner si c'ett pour arr^rages pour lodt et ventes ou pour renlea
couranles. Les censitairet aiment mieux n'avoir qu'un compte ouvert. Pour obtenir nne
distinction d^taill^, il faudroit revoir et relever tout let comptet det particuliert, pendant
cinq ant; ce qui teroit un trnvail pretque immente. Pour r^pondre & la 4"* qaettion, j»
prendrai la liberty dc wut faire obterver, 1*. Qu'un certain nombre de lodt et ventet tonC
!rapp6s de prescription et cettent d'etre exigiblet en loi, quoique ila soient dfls en £qnit6.
a*. Un certain nombre de terrains sont tir^ au sort, et la valeur de quelques uns ne poor-
roit compenser les frais jndiciairea, ti Ton rep^toit en loi let lodt et ventes. 3*. O'autre*
terreini tombent entre fet maint d'acqu^reurs tr&s pauvres, ou snbissent de ti fr^quentet
niutationt qu'on ne pourroit en exiger let droits rigoureusement dflt tant plonger cet
infortun6t dans la derni^re mitiire.
Voiiil les principalet sources de ce que nous appelons mauvaites dettes.
Agrees I'expretsion de la haute contideration avec laquelle j'ai I'lionneur d'etre,
Cher Monsieur, voire tr^s-humble et tr^s^ob^issant serviteur,
A I'Honorable Charles Duller, Quiblier, Sup'.
Secr6taire.en-Chef, &c. &c. &c.
I'; 1.1!
' ! .i '
i!
..
ESTIMATE given in by M. Quiblier, Superior of the Seminary, of (he probable Amount
to be leceiv-d for Commutation of the Tenures in it« Three Seigniories.
Le taux fix£ par la loi, pour les changemens de tenures en franc alleu roturier, est de la
cinqui^me partie de la valuer de I'immeuble, ou du quint.
La Cuuronne en affranchissant seacensitaires n'a exige que le dixiime.
Le seininaire en proposant un tel ufTranchissement a demand^ le douziime de la valuer
des propri^i6s en general, et a consent! h. se contenter du uo* de la valuer des propri^t^a
de la ville, bfities pour un niontunt d'au moins 500/. Cette distinction a ^-te fuite en
fdveur de I'industric et du commerce qui unt cr6e de pareilles nm^iioratio'^s.
Aucun autre seigneur ou i-tablissement ne pourroit transiger ik un taux si mod6t6.
Les ccntitaires du s^minairc de Montreal sont, sous ce rap|>ort, les plus privil£gi4s du
Cuuada.
.303.
B D 2
Quaud
m
t$t
APPENDIX TO RBPORT ON THE AFFAIRS OF
(El) Qoanii le a^niioaire a fait det propmitiou auni facilet, il s'eat f«nd£ lar Im cttioMliona
taivaatet, aiacs cxactn alon, maia dtvcouea au-dnaut de la yiitiA poor I*£lat aotiwl dea
affaim.
L'lle de Montreal, non conprit I'eipace oocupe par la ville, est dWia^
en 1,300 term dont la vainer moyenne, eatim^ pour chacnne,
d'environ 4,00 /. donneroit un montant de - - - f, 530,000
En tralunt avec let CommiMairea royaux, nont avion eitim4 la valeur
de la ville et faubonrga d'environ - - • - f . 1,480,000
Le fiefde 81. Sulplce ettdivit^ en 700 terret, dont la valuer moyenne,
e(tini£e ponrcnacune4 135/., luonteroitH - - - f. 87,500
Le fief du Lac dea deux MoDtagne* eat divit^ en 1,930 lerrea, dont la
valeur moyenne, eatimee ponr cbacune ktooi. monteroit & f . 1 83,000
Total dea troia aeigneuriea * • . .
£. a,ooo,ooo
910,500
£.9,910,500
8i cea propri^t^ ^toient vendnea par le aheriflT, ellea ne monteroient paa nux deux tiers
de la anadite valeur.
II faut auaai avoir egard oux grftcea que uoua aerona oblig^a de faire ; aux pertea inevi-
toblea daua le geation ; aux eatimationa qui aeront toujoura au deaaoua du prix veritable.
Lea reveniu du sdminaire n'£tant plua de nature h augwenter, it fuul auaai qu'il aoit
rendu cupable d'accomplir faciieuient toutea aea osuvrea.
Eu auivant le taux du au, c'eat-a-dire • • . -. . 100,875
Total
- £. 150,875
dont la rente & 6 p. */, et en ne auppoaant nucune perte, foumiroit au avininaire un reveiiu
de 9,000 /.*
" En 1897, feu Mr Roux, aapcrtmr do a^mintdre da Montreal, traila raflaire dea druiu acigncuriaux
avec le trda boirarabla Huakiaion, miniatre daa coloniat, par la mediation da Sir Wilmot Horloa. Le
gnuverMmcBt da u, Maj«Kt£ a'engagea alora & garantir au aCminairc una lente annoalle et parpitoclle
(gale non aevleaient au montant dM ravenut que la aiminaire peroavoit de la teigneurie da Montrtel,
maia anoare dc caux qn'il avoit dmit depereevoir. Le aiminaire ne percevoit qu'cnviron 6,000'. de le
dite aeignattrie : le gouvamemMit capendant lui aaaura 8,000/. et mtma 0,000 {., a'il piouvoii que
la sfiignauria poumit laa rendre. M. Stephen, avocat de la Couronne, dedda dana ca acna. Lea
documenta aont au bureau colonial.
De plua le gouvemement, dana cette dotadon, ne biaiiit aucune ni»ntiOeiiiftAL and BraciAi Coonoil of Lower Canmh,
ibr incorporating the Seminary of Saint Snfpite of Montreal,
AXXO IKUHDO VlCTOBlJE tkMOltM.
Cap.L.
An OaoiaAircB to incorporate the EcoLaeiAtTici of the Seninaijr of SauU Sortie* iti
Montrtal, to confirm their Title to the Fief and Seigniory of the Itland of Moatrtal, the nef
and Seigniory of the Laltt of thi Too Mimataint, and the Fief and Seigniory of Saiat Snhk*
in ihie Province ; to provide for the gradual Extinction of Seigniorial Righta and Duceii within
the Seigniorial Limita of the said Fien and Sdgnioriea, and for other purpoiea.
Whexbar the Ecclenaitica of the Sendnary of Saint Siilpice, eetabliihed at Montreal in thia
Province, have, tiuce the Capitulation made and lioned at Montreal aforefaid, on the eighth day of
September, which waa in the year of our Lord one tnouMnd leven hundred and sixty, held, nosseased
and enjoyed, and do still holo, possess and enjoy the fief and seioniory of the Inland of Montreal
and its oiependencies, the fief and seiitniory of the Lake of the Tmo Mountains, and the fief and
seigniory of Saint Sulpice, and their several dependencies, all situate in the said District of
Montreal :— And the said Ecclesiastics have alleged, and do allege, Uwt they so as aforesaid have
held, possessed and enjoyed, and still do hold, possess and enjoy, all and singular the said fieft and
seigniories, and their dependencies, rightfully, and as the true and lawful owners of the same : And
whereas doubts and controversies have arisen touching the right and title of the said Ecclesiastics,
of tho said Seigniory of Saint Sulpice of Montreal, in and to the several fieft and seigniories, and
their dependencies, of wliicb they have, as aforesaid, been in possession since the said capitolation,
and it has been contended that all and every the said fiefs and seigniories became, by the conquest
of this Province by the British arms, vested, and still remain vested in tlie Crown : And whereas
Her Majesty, desirous that all such doubts and controversies should be removed and terminated, and
that Her faithful subjects holdins lands within the seigniorial limits of the said fiefs and seigniories,
should be enabled to efiect and obtain the gradual extinction of all seigniorial rights, dues and .
duties, payable or performable for or by reason of such their lands, has of her own mere will
and proper motion, graciously signified Her Boyal pleasure, that the right and title of the said
Ecclesiastics of tiie Seminary of Saint Sulpice of Montreal, in and to the said several fiefs and
seigniories, shoulr' be absolutely confirmed, under and subject to the terms, provisos, conditions
and Ihnitations, hereinafter contained and expressed, whicn said terms, provisos, conditions and
limitations have been fully and formally agreed to and accented by the said Ecclesiutics of the
said Seminary of Saint Sulpice of Montreal : And whereas, tor fulnllliig Her Majesty's gracious
pleasure and intentions in the said behalf, and for ether the purposes aforesaid, it is expedient and
necessary that the said Ecclesiastics of the Seminary of Saint Sulpice of Montreal should be
constituted an ecclesiastical corporation, or body corporate and ecclesiastical (commumiuii
ecclitiattiqiieji'—lie it therefore ordained and enacted by His Excellency the Governor of the
Province of Lower Canada, by and with the advice and consent of the Special Council for the affiiirs
of tho said Province, constituted and assembled by virtue of and under tho authority of an Act of
the Parliament of the United Kingdorr. of Great Britain and Ireland, ■>assed in the first year of the
reisn of Her present Majesty, intituled, " An Act to make temporary I'rovision for the Government
of Lower Canada," and it is hereby ordained and enacted by the authority of the same. That
Joseph Quiblier, Jacques Guillaumo Roque, Jean Louis Melchicr Sauirafje du Chatillonet, Jean
Richard, Joseph Comte, and others, who now are members of the said Si minary of Saint Sulpice of
Montreal, nna coniptise the body thereof, ond their ecclesisstical succei»ors, named and appointed
by and according to the rules and regulations which now are, or hereafter may be, in force for the
government of that institution or body, shall be, and the) are hereby made, constituted and declared
to be on ecclesiutical corporation or body corporate and ecclesiastical (cummunaule eceletiattifue)
m name and in deed, by the name of " The Ecclesiastics of the Seminary of Saint Sulpice of
Montreal ;" and that by the same name they shall have perpetual succession, by admitting and
electing new members, according to the rules of tlieir foundation, and the practice by them he.etofore
followed, and shall have a common seal, with power to alter, break and make new the same, when
and as often as they shall judge it cx|if(lient so to do ; and that they and their successors by the
same name may sue and be sued, implead and be impleaded, answer and be answered, defend and
be defended, in all courts of record and places of judicature and jurisdiction within the said
Province, and do, perforin and execute all and every lawful acts and things, in as full and ample
manner and form, to all intents, constructions and purposes, as any other ecclesiastical corporation
or body corporate and ecclesiastical by law may or ought to do: Provided always, That no rules,
bye-laws or regulations for the temporal government of the said corporation or its successors, save
only those which arc now followed and in force in the said Seminary of Saint Sulpice of Montreal,
shall be valid, binding or effectual, until they shall have been laid hefure the Governor, Lieutenant-
governor, nr person administering the government of this Province for the time being, und shall
have been by nirn expreuly approved, confirmed and ratilied.
II. And be it further ordained and enacted by the authority aforesaid, Thnt the right and title of
the said Kcclesiastics of the Seminary of Saint Sulpice of Montreal, in and to all and singujar the
taid iiefs and seigniories of the Island of Montreal, of the Lake of the Two Mountains, and of Soint
Sulpice, and their several dependencies, and in and to all seigniorial nnd feudal rights, privileges, dues,
and duties arising out of and for the same, and in and to all and every the domain, lands, reservations,
buildings, nie»uages, tenements, and hereditaments within the said several fiefs and seigniories now
held and possessed by them as proprietors thereof, and also in and to all monies, debts, ht/potkiqaet,
and other real securities, arrears o» lods tt rentrs, ctmet rentei, and other seigniorial dues and duties,
payable or performable by reason of lands holden by centitairet, tenants, and others, in the said
several fiefs and seigniories, goods, chattels, and moveable property, whatsoever, now due, owing,
. belonging, nr accrued to the said Ecclesiastics of the said Seminary of Suint Sulpice of Montreal, or
which niov hercal'ker become due and owing, or accrue and belong to them, or to the said ecclesiasti*
cal coqjorntion, hereby constituUid, or ihcir successors, by reason of any lands and tenements holden
303. « B 3 "^
Appendix (K.)
i'i' '
1
'li
m
APPENDIX TO REPORT ON THE AFFAIRS OF
of Um NMMlif • €tiunu of lh« taid Nveral ficfit and Mignioriet, with all and eraty th* rightai privi-
Uigm, Md aMUrtanaMca UMraunto mpactivalv buiMgiiic or in an« wiaa aopartaimnc, «ImU b«, and
tMjr art harabjr eonii«Nd and dadarad, goa^ valid, and aftcttial in tha law, aa fufljr, in Iba tam*
mannar, lo tha mom aitent, and for tlie aame objcctt, Inienu and purpoMt aa tha Ecclaiiastlca of the
Saninary of tbo Fausbourg Saint Oarmain Lea nri», or iha Stmioary of Saint Sulpice of Montreal,
according to iia conatitution, before Iha eighteenth day of Septamber, in the year one thouaand leren
hundred and fitiy-nlne, or either or both of the aaid Mminariet might or could have done, or had a
right to do, or might or could have held, enjojred, or applied the aame, or anv part thereof, previoudy
lo'tlw laM moMioMd period. And flirther. That all and ainguiar the aaid fieft and leignieriea of the
bland of Montreal, or the Lake of the Tiro Moantaina, andof Saint Sulpice, and all and every the
aaid domain, landa, ^ttilding8, maHuagae, lanementa, t )d hereditament*, leigniorial duea and dutiet,
■HMiaa, dabia, kppiitiifwti, real aeeurltiea, arrear* of Mi le propertv whitioever, shall be, and the aame are hereby vetted
In the aaid corporation of the Eccletiattic* of the Scmiuary of SUnt Sulpice of Montreal, hereiiy con-
Mtuted, and tnelr lucceMora, to be had, held, poiaeaaed, and enjoyed by thetaid Eccleii««t!et of the
Seminary of Saint Sulpice of Montreal, and their lucceMora, aa the true and lawful ownent and pro*
prietora of the same, and of every part and parcel thereof, to the only use, bene6t, ar behmtf ofihe
aaid seminary or coneration, and their successors, for ever, accoi'ding to tlieir ru!es and reculations,
BOW being or hereafter to be in force, subject, however, to the terms, conilitions, provisos, and
limitation*, touching and concerning the same or any part thereof, hrreinaiter enacted, expressed,
end contained.
in. And be it further ordained and enacted by the authority aforesaid, Th** the said corporation
of the Eecle*i, person, or body corporate, holdinii' real or immovo*
able property in any ooe or more of the siud fie:* and seigniories, his, her, or their heirs, successors,
or assigns, and such real and immoveable property, so by nim, hor, or taem held, may he subject or
liable to, and in fiivour of the said Ecclesiastics of the Seminary of Saint Sulpice of Muntical, or
their successors, fbr a certain price, indemnity, and consideration in that behalf, agreed upon, or
ti> be fixed, ascertained, and determined in manner hereinafker provided, which sh til be paiu to the
said Ecclesiastics of the Seminary of Saint Sulpice of Montreal, or their successork, by the eentitaire,
person, or bod^ corporate, requiring such commutation, release, and estineuishment, in manner, aa
mreinafter ia directed < Provided always, That no such etntiUdrt, per on, or Dody corporate or politic,
ihnli be entitled to, or demand any such commutation, release, and extinguiM>iue:-C, in the behaif
■foresaid, until he, she, or they shall have duly paid to the said Ecclesiastics of the Seminary of Saint
Sulpice of Montreal, or their successors, all arrean of seigniorial rights, dues, and duties, which he,
she, or they owed, or may owe, or with which the said land or immoveable property, in respect
whereof such commutation, relesise, and extinguishment, mav be sought or required, had been, was,
or may be then chargeable, or shall have otherwise satislied them in Umt behalf by uny mode of ad-
justment agreed upon and concluded.
IV. And be it further ordained and enacted by the authority aforesaid. That the price, consider'-
■tion, and indemnity, to be paid by any ctndlairt, person, or body politic or corporate, for such
oommutalion, rdease and extinguishment, with regard to his or their land, or immoveable property,
situated within any one or more of the said fiefs and seigniories, to bo paid by him, her or them to the
said Eccletiattica of the Seminary of Saint Sulpice of Montreal, or 'heir successor*, ^!! be at and
after the rates following : (that is to say) That the said commutatiuu of all cen> et rcnttt, within all,
and every, the said tien and seigniories, shall be had and obtained on the payment of such capital,
07 sum of money, as the said etnt tt rtntti, reckoned at the legal rale of interest, shall or may repre-
sent; that the said commutation of the i>roittdt lodi tt vtnttt, upon or b respect of any tot, piece
or parcel of land in the said fief and sei^iory of the bland of Montreal, upon which there shall be
buildings of the value of five hundred pounds currency, and upwards, shall oe had and obtained for
and durinc the first seven years whica shall elapse after this present Ordinance shall come into
effect in this Province, upon payment of not more than one-twentieth part of the value of such
lot, piece, or parcel of land and buildings, and at any time at and after the expiration of seven ycara
subsequent to this Ordinance so coming into force and effect, and before the expiration of fourteen
yeara lirom the said time, upon payment of not more than one-eighteenth part or the value of such
lot, piece, or parcel of land ana buildings, and at any time after the expiration of fourteen years
from the said time, upon payment of not more than one-twelfth part of the value of such lot,
piece, or parcel of land, and building* ; that the said commutation of the said droitt de lod$ tt
^atttt, upon, or in respect of any lot, piece or parcel of land, situated within the said city of
Montreal, whereupon there mav be buildings of which the value shall be less than five hundred
pounds, and more than one hundred pounds currency, shall be had und obtained for, and during the
said first period above mentioned of seven years a^er the coming into force and effect or this
Ordinance, upon payment of not more than one-sixteenth part of the value of such lot, piece -jt
parcel of lana and buildings, and at anv time after the expiration of the said seven years, subsequent
to the coming into Ibrce, and elect or this Ordinance, and before the expiration of fourteen yeara
ftt)m the said time, upon pavment of not more than one-fourteenth part of the value of such lot,
piece or parcel of land ana buildings, and at any time after the expiration of fourteen years from
the said time, upon payment of not more than one-twelfth part of the value of such lot. piece or
parcel of land and buildings ; that the said commutations of the said lod* et ventei upon, for or in
respect of any lot, piece or parcel of land, situated without the said city of Montreal, in any of the
said fiefs and seigniories of the Island of Montreal, Lake of the Two Mountains, and Saint Sulpice,
or for or in respect of any lot, piece or parcel of land within the said City of Montreal, upon which
there shall not be buildings of tne value of one hundred pounds currency, shall be had and obtained
for and during the said first period of seven years after the coming into force and effect uf thia
Ordinance,
Sll
wl
bi
re
BRITISH NORTH AMERICA.
•f5
laOM, apm pajruiMt of no* imirt than on*4welfth part of tb* valne ihtnot, and at any '' m AppawHa (K)
the •aplraliea af this period of M«on yoan •ubwqucM to Iho cominji into forco and •Hvt tS —^
>rdinanct, and baftre the mpiralian of foorioaa yean firoai the mn) time,
ticei of the Conrt of Kinc'a Uench for the laid diatrict or MontiwJ, hereby authorised to admin! ar
•uch oath, well, truly and honcally, to execute the truit and duty of arbitraton aa aforeaaid, and
after notice to tlw parties reipectively of the time and place of their meeting, ihall proceed to fix,
ascertain and determine the value of the loti, niecei or parceli of land and property, in reipect
whereof inch commutation, release and extini uuhment ihoil be required ; Provided always TImA
the costs and expenws of lucb arbitration shullbe borne by the parties in equal iharei, and that the
laid arbitrament and aarard of the laid arbitraton, to be named and appointed ai tfTorpsaid, or of
any two of tlicm, in and rctpecting the premiiei, shall be final, and the same shall be duly returned
into, filed aikd enriilled in the said Court of King'i Bench for the district of Montreal, and ihall by
wch court be duly confirmed.
VI. And be it further ordained and enacted by the authority aforesaid. That upon the rendering
and confirmation of the said award, in the behalf and in manner afuresaid, it shall be lawful for the
ctHiitaire, penon or persons, or body corporate or politic, requiring such commutation, release and
extinguishment of all seigniorial and feudal rights and burUieKi as aforesaid, to pay, or offer to pay,
to the »vA Eccleiiaitica of the Seminary of Saint Sulpice of Montraal, or their luccesiori, aa and
for the nrice, coniideralion money, and indemnity for tne laid commutation, release and extinguish-
ment or all seigniorial and feudal rights and burtaens, such part of the value of such piece jr parcel
of land and property, fixed and determined by luch award, aa according to the rates mentioned in
the fourth aection of this present Ordinance, ahould be due and payiible in that behalf, or to dedara
his, her or their option to the said Ecclesiastics of the Soroinary or S:iiou or penoni, or body politic or corporate of his, her or
their option, that luch pric;, coniideration atoncy and indemnity, reckoned according to such award,
shall be, and remain upon, and charge, i •^ affect such lot, piece or parcel of land and property, at,
and for a redeemable quit-rent (d rtnte cm,.Uu(e ct rachtlablt) in manner aforesaid, all and t- verv the
drbittdc ctHi tt re»les, luJi ttitHlti, droit de banalUidtmoulin, druitderetfait,anA all other feudal and
seigniorial rights whatever of the laid Eccleiioitici of the Seminary of Saint Sulpice of Montreal, and
their succcuon, upon, for or in rcipect of the lot, piece or parcel of land or property, ai to and con*
cerniug which sucn commutation, release and extinguishment may be sought and re(|uired,shall be and
be held to be, taken and considered for ever commuted, releawd and extinguiihed ; aud lUch lot,
Eiece or parcel of land iliall bo holden and be deemed and coniidered as holden thenceforth for ever,
y the tenure of Franc Alcn R'durier, according to the laws of this Province, and a'lall never again be
sranted, surrendered or holden by any feudal tenure whatsoever: Provided always, That nothing
liercinberore contained shall extend or bo construed to extend to the dr-jit de banality out of the
limits uf the City of Montreal, till the major part of the cemitaires in each of tlie several liefs and
seigniories aforesaid shall have commuted, nor to discharge the lots, pieces or parcels of land, the
tenure whereof may be so converted into that of Franc Aleu Roturier, from the rights, hypothecs,
privileges and demands of the said Kcclesiastics of the Ssminar^ of Saint Sulpice of Montreal, and
their tuccesson, charaed in and upon the same for the security and recovery of the price, con-
sideration money, and indemnity which, by reason of the (uljuitment with the etiuUaiie, or rerson
who required such commutation, release and extinguishment, may remain as a charge and incum-
brance uf such land or property, at a redeemable i^uit-rent as aforesaid, or for the security and
recovery of any arrean of seigniorial dues accrued beture such commutation, release nnd extinguish-
ment, may have been re<)uired, or in anywise to destroy, alter or affect the remedies and recourse
ut law, which the said Lcclesiastici of the Seminary of Saint Sulpice of Montreal, or t'leir lucceiion,
303. B JJ 4 ^"^
VA
w
\%\
%
»••
APPENDIX TO REPORT ON THE AFFAIRS OF
A|vm4U(C.)
NMM (b) mifbt UiHfanr !••*• had or ha** lakca br the rt c«*tnr of lb* mmo, if Mich cwMiiMatioa, rtlwit
~- md n^htgtmmmA Ind mi btM niMi* pad obtaiMd, bui llM all aed e«onr lb* lawfld riRhlt,
A» |n«M fi M» iwivUMti. acttoM, diaw w di, raeaiifM and rooMdlaa im thai bahalr of Iba laid Eccto«
JMtlw ut tlM Saiainairy ofBaini BiilplM of MoBlraal, aid eribair
hanky Mvad and aMiiitalMd,
VEIL And ba il OuHhm ordainad and aMetad by iba aalborily afbraiaid. That if tha taid
£Wat 8g|pica of Monlraal, or Iboir MiceoMOftt that nich amottnl aboald raoiaia upoo. and charaa
aad aMbet iho lot, piece, pared of land and proper^, and for a redeemablo qnit-rent, aceordiaf to
tha prwrlilaiia in that bebiilf liereinbeibra comaJ— * -- ' >-•- "^ - -
eoaiained, an iMtrument in writing hefora two nolarioib
or a'ootary and two wit n — we, eeiting (brtb Mch coonantalioa, reloaet and oxtinguisbinent, oT all
•aignierial and fcodal righte, duae ana barthona, and the terma and conditioot theroor, aeeordiag to
law, and the retpectife righte of the partiee, it ihall and may be lawfiil to and fbr iuch tmuUain,
pareea or penone, or boify corpomte or politio afbreeaid, to implead the aaid Ecdeiiaetice of the
BembMry of Saint Siilpice of IMontreal, and their wcceieor*, hi the laid Court of Kiiif '• Bench for
the diitrtct of Montreal, for the pnrpoao of compelling them to grant to die aaid eamlmtt, penon
or pertone, or body corporate or pontic aforaiaid, luch imtniment in writing as afaraeaid, tatting
forth inch commutation, roleaio and ratingniahment, according to law, and the reipectiva r^ta
of the pertiee t and upon their defiiult ao to do, it ihall be lawftil fbr the aiud Court of Kiag'a Bench,
and they are hereby required, by their Judgment in that behalf, to award and adjudge to auch
ctmilmre, peraon or perton*, or body corporate or politic, the ftill benefit of each commutation,
releate ami estingaimment, for and in reepect of auch land or property, according to law and the
roipeetive rigbta of the partie*. with lawAil coita of miit.
IX. And be it ibrtber ordained and enacted by the authority afereeaid, That the nid Eocls-
aioitica of the Seminary of Saint Sulpice of Montreal, ami their wi cce ieor e , ihall not, for arreara of
lod$ *t vtoUt, accrued to them at the time of the coming into force and eftct of thia Ordinance,
or hereafter to accrue and become duo to them acconling to kw, for each mutation in the ownenhip
of any land* and tenement* lituated within the laid City of Montreal, and of which, and of the
bnildinn erected thereon, the Talue ihall be the sum of fi*o hundred pounda currency and upwaida,
demana and exact more than ona>twentiHh part of the price and contideration for each eaio or
conreyanoe of any auch land* and tenement*, nor (ImII they for each and every mutation in the
ownenliip of any nnd* or tenements titrated in the rram* of the said three flen and seigniories,
and out of the limiu of the said City of Montreal, exact or denwnd more than one^xteentb part of
th« priee and consideration of tha mIo and conveyance of such last-mentioned lands and tenements ;
uor shall they, for each and evenr mutation in ownership of any landa or tenements situated within
the limita of the said City of Montreal, of which, and of tha buildings thereon erected, tho value
sImII bo lew than five hundred pounda currency, exact or demand more than ona-sixteenib part
of tho price or coosideration for each aala or conveyance thereof; aad fiir*Jier, that M and ovcty
each arruan of AmIi *t xuitt accrued at the tiow wbra the preaent Ordinance shall ooma into force
and effect in thia Pruvince, according to the respective rates aibresaid, shall not be demandable
from any penon or persons, owing the same personally or hypothecarily, nor shall any mch peiaoiv
or penMis indebted as aforesaid to a greater amount than forty-one pounds, be comjp«llable to pay
the saaw to the said Ecclesiastic* of tha Seminary of Sabt Sulpico ofMoMreal, and their luccemoa,
-oxeept within aaven years fVom the day when thw Ordinance shall so come into ibree and effcet, in
seven equal and annual inatafanent* i Provided alwoya. That in daftnlt of any poison or peraona to
pay any ancb instalment or iastafancnts after the same shall become due, and afkar three montha'
notice, and a notarial deouuid, signified to him or them in that behalf, the whole of auch arrears of
hd* ft tenttM, according to the rates aforesaid, or the renuuning unpaid instalmeott thereof, shall
become, and be inuUediaiely payable to and demandable by the said Ecclesiastics of the Seminary
of Saint Sulplce of Montreal, or their successor^ frcm, and shall be paid to them by, the penon or
person* who shall owe the same : Pruvided also. That in case the said Ecclesiastics of the Seminary of
Montreal, or their successors, shall, before the time when this Ordinance shall come into force, have
been M&f/tA to make and Hie any opposition ^(a dt emmrctr in sny court of judicature in the said
district of Montreal, with regard to tha fawda or tenemenu chai|ged and encumbered with, and fbr
the payment of any such arrears, or to the proceeds of any judicial sale thereof, or to applications
for judKOMflU of confirmation of title of any such lands or tenementt, then and in sucn case the
Ecclesiastics of the Seminary of Skint Sulplce of Montreal, and their successors, shall be entitled to
ju^^ment for, and to receive, such part only of the price and consideration, for each and every
mutation in the ownership of such lands or tenements as is herein provided; according to the value
and locality thereof i but the amount for which such jodgment sliall be rendered, smII be payable
ct the thw when it would have been payable if this Ordinance had not been pa ss ed: Provided,
however, That any judgment for any such arrears which shall have been rendered hefere this
Oidinance shall come into force, in favour of the said Kcdetiastics of the Seminary of Saint
Sulpice of Montreal, may bo executed according to tho tenor thereof, as if this Ordinance had not
been passed.
X. And be it further ordained and enacted by thv ruthoriiy aforesr'd, That the lot, piece or
parcel of hind called the farm of Saint Gabriel, situated within ihe said fief and seigniory of the
Island of Montreal, lying on the west side of the lower road to Lachine, containing about two
hnndrcil and seventy ariwnti, being one of the domain lands, faims, tenements and hereditaments,
secured and confirmed to (lie said Ecclesiastics of Ihe Seminary of Saint Sulpice of Montreal, and
their successor*, by the second section of this Ordinance, shall, within tlie mace of twenty years,
after the period when ihw Ordinance shall come into ftafce or efeiet in the saia Province, be, by tlie
said Ecclcflastlcs, alienated and disposed of, in Frone Alta RvtMritr, for ever, lu such parts and
parcels and for such prices, terms and considerations, as to them may seem m'jst meet and iidv«n>
tageous ; and for the making of any such alienations and conveyancea, the taid Ecclesiastics of the
Seminary
m
BRITISH KORTH AMBRICA.
•97
Stmimnr of Saint Sutplc* of MMtnal, and llitir tuccMton, an haraby fliUy and duly lleaniad AppaodU (C.)
and autnoriaadi and UHf ifat llw aspiration of ibo aaid twaaty jraara, ilia taid farm of Saint
Oabriol, or any parti or parwJa ilMraef aliall yat raaiain not alianaiad. or diapoaod of, ibon, and in
that caao, llw aSU fkrm of Saint Oabriol, or micIi partt or parcels tharaof, aa ihall ao raniain not
•lianalad, or diapoaod of, at afartaalJ, tball, by tha mara lapaa of tlio laid pariod of tima, and by
oparatiaa of kw, lUl within tho pioviaiona of tba lawa of mortmain, and ba IbrMtad to^ and ho
«aitad in Har Mijaaty, bar baira and anaoawa r a, andba r^nnitod to tho doaa h i of dio dbira
forovar.
XI. And ba it flirthar ordainad and oaactad bv tha authfrity aforaaaid, That all and orery tho
noniaa which may ariaa from tho commutation, ralaaaa and aiiinguithmont of tha taigniorial lybta
and burtbans, for and in roipoct of landa, tanamanta and proparty, within tho cmina oftho
aaid thraa daft and loigniorioa, and all monioa which aball bo racaivad and gotten in, by m mob of tho
aala, alianatioB or diapoaal of tho lald ftim of Sobt Oabrial, or of any parta or parsala tharaof, and
which monioa, aa aforwaid, may bo diapoaabla alVar tha naceiiaiy aspenditaroa tat Ibo uaaa and
aupport of tho aaid inititution wall hava boon provided for, ahall, by the aaid ficclaaiaslica of the
Seininanr of Saint Sulpica of Montreal, or their aooccaaora, bo inveatcd in tho pablic itooka of tho
United Kingdom of Great Britain and Iraiand, or of ito colonics, or dominiona, or in tha chartered
and iocorpmted bodiea in tba aaid colon'- ■ and dcoitoiona, and not otherwiao ; and that tho raata,
rerenuoa. dividanda and praAtt of tho ot. aa to bveated, thail bo had, takes and raoeivod by tho
taid Eecleaiaatica of tho Seminary of Saint Sulpica of Montreal, and their auccataora, to bo osi,MMlad
in and about the tKMtort aud manaMment or iho taid inuitulion, and in promoting ita obiacta
according to law i ftovidod alwayt, That out of tho aaid monioa which thall to ariae, or tbaU be,
at aforeiaid, received and gotten in and collected, it thall and may bo lawful for the taid Ecda-
tiattica of the Seminary of Saint Sulpica of Montreal, and their tuccettora, to apply, and invatt
a tum or tumt of money, in tho wbulo not exceeding tho turn of thirty thouiand poundt cunency,
in timttUutioiu dt rtKlet on immoveeble property, or in the purchata of noutet, landt and tenementt,
and immoToeble property, tituateted in it, maintains, on the
authority of Lord Hardwicke, the affirmative of this proposition : and in this is followed
by that of New Torfc, and aoiM othen of the American States. The Code Napoleon, and
various other codes (that of Louisiana, for instance, which is chiefly founded on the Coda
Napoleon) hold the contrary doctrine — moet of them with some modification. The present
Bill adopts in most respecta the doctrine of tha Code Napoleon.
On the first point it has been considered sufficient that the registry should protect third
parties — that as between tha two orijginal partiea thcra can be no neeessity for rsgistration,
each being eo|[;aiaant of the transaction ; and if thev have any objection to regiatration tha
public haa i o interest in it, or in their concern*, fiirtner than to prevent fraud. Ey the pro-
posed Bill a party entitled may make regiatry at any time he pleases. If ha omit to do so
and an innocent party lends money upon the faith of there Doins no prior incumbrance,
iuch innocent party will have a prior '^urity if he register it. If therefore any fraud ia
committed, or permitted, by tha omisaion to rogister, the peraon who is m fiuilt will alone
be the one to sustain the loss. This is sufficient for tne protection of the public ; and
the lejfisUtion and interference with the coneerna of individuals, will not extend beyond the
mischief to be remedied, and tha pnblic good to bo efiStctcd. One strong casn of a /hud
perpetrated, and heavy loss sustained, under the compulsory system of registration in the
townships has alieady occurred.*
As to the second point, it has been very generally admitted that allowing any substitute
for the registry has Men productive of much litigation, and is of doubtful advantage. As
notice of a former deed it generally the subject of mere vivft voce evidence, it substitutes orai
testimony for a solemn written instrument ; and there are few systems of law wliich approve
the principle, whilst they adopt it as introduced by a great English lawyer. It has been
alleged that there are fiicilitiea for procarimr oral evidence of disputed fkcts in Lower
Canada which would make such a principle nighly objectionable ; and though this might
hardly furnish a sulHcient reason alone, it may not be imoroper to be weighed with others
as a ground for rejecting a principle of a somewhat douWul nature. It has accordingly
been determined to propose that actual registry shall be held absolutely necessary, and
that notice of a prior instnunent shall not supply the omission to register it, unless the person
to be affected by such notice was one who was employed to efiect, and ought to have emcted
the registry, or was guilty of direct fraud ; cr unless the deed was one otactnal and positive
■ale. The reason for making a distinction between securities for loana or conditional sales,
and deeds of bbsolute sale is, that in the one case the person to take the benefit of the
aacurity may have chosen to took to tha mere personal security, or to sc-me other security, or
may have received back, the amount ; or the conditioii may not have been parformed, or may
have been released or satisfiod. But a man who, knownig of an actoal positive sale, never-
theless enters into a bargain for a re-sale to him by the same party of the same property,
cntera into a conspiracy with the vendor to defraud the first purchaser, and voluntarily pur-
chases that which he knowa die other party not to be entitled to convey. This distinction
haa been dravm without the knowledee of its being sanctioned by precedent in any code,
but it has received the approbation oflawyere of eminence, both in Lower Canada and New
York, and has not been questioned by any one.
Subject to much consideration and consultation with those in this country, who have taken
an interest in the subject of a registry, it has been decided that registry alone shall neither
confer title nor be evidence of title. A man who has no title, and never had a title, con
confer none. But a man who has had a title, and has purported to convey that partially or
wholly to another, may possibly have a right to make another conveyance of the same pro-
perty. The registry, therefore, is only made evidence of priority of title from the same
party.' As between all claiming under A. the registry of conveyances ftofa A. will be con-
clusive
wUtha fnm Z. Uw qwmow wUl U, whiOm
— A.orZ. iMdaMtHbtotlMpnptrty, iio«wlMlNidtlM|iiiorf«fiKfy.
It i> biMitri tlMt wilii Umm o b w f fm li oM Um ftoml mUw* mmI pwpott of tbt Rifjitrjr
BHI.M piopMwl for pMfiaf m an ordimMMa by tkt Sftekl C om u M, will ba Mttamtly
' iWllilMtr.
BMMMM fPOM tll#
QMbM, M Ootofaar IMS.
I hava, In.
(lignad) TV S. M. Twrtm.
DRAFT of an OanivAaoi Ibr tMbNiMiif a RioitraT of all Tmit mA l«evMS«4«eM aActiag
luMM in Iha Piwrhwa ttlmmr Cmmi».
WaaiBA* Iha laahiraiian af all tiilaa la laia H Tia bl ii and af aUaaadaaa tlnM a ft and af all
and tecMnbianeaa uiaNon in ihb piwrinea ia IflMly lo ineaawna and ftaaMla iha ialradnai
iavaMnml af capital, by ftcilitaliu and mtdcrinf aMi« aacura all pacuoiary tramactiana ralatii«
ibaratab and b| lac pratwnlion <^ all ma*\ and Aaitduknt convayaacaa UMraoT or chargaa Iharaon i
And whinaa Uw value of all landt ia iMa pravinea will be UMraby graatly iacraatads
Al Mitt «
lltM a( Mia tharftt
•pwi luidi wkkk tlwl
aa« hatt btta rt|ii«
Mrta ti htfciMfttr
prvtMwi, 10 b* t«M M
! llMNby graatly I
I. Ba it ikarafeia aaaciad, Ac. llHt Ami and lAar tha day af
all alianaliaaa af. and all cbama and incumbrancaa wbalMwvar on, or in any nwancr aActing any
faaaovaablaa within thia pronnoa othw than aa haiainaftar atpreaily aa naptad, haw i oawr wck
iiHMvaabiaa wkj ba boldon, or mch th a ig aa ar inainnhiancaa vt craatad or ariaa, which ihall not
ham baan rag i A w d in tha manner haraiaaAar proridad and dhactcd, Aall be deemad. hoMen and
tahan to ba null and void and of no albct whataoa*ar. ai spinal any iu b iaq| a a n t boni >d« purchater
or hwHBibranoar ftr a valuable oonddaralion, wheia dlle or right, cnaiga ar incumbianoa Mall have
anoaptcd. lying within racfa conntie* ratpactiValy. whether woh tide or daioi, or such
chaigo or odMr ineundmnee ihall originate or be evidenced by any natarial act, or other deed or
kM Mt paickaitra M
l?'.!!^'!?'"^^!^,'!,., been duly r e g ie t ered, aeconUng to the providona of thk OrdioMce.
e«li MdMtfid*
II. And be it flirther enacted, lliat the following cfaatgea are nnd ihall be excepted ftom tha
nacenity of regittration, and wholly cienptcd fW prorMaa
alwaya, that if any mch caarga ar inonmbraaea ihaU ba miaml in ita tarma and natam r*ucli ofaargo
arfatcambranca mwing baan craatad bafera tha paialng of thia Ordinanca, or balng auc*' m, may bata-
alter ba allowod bylanrto baganaral) Ihanit iball ba a wflciant ipacHkatlon, if tha party MtftM to
aach chaqja ar incombranca wail faMW thaiaoo, to «tata that auch ludgaMntt raoogwwnra, aata af
cantatta or tutalla, record ar athar piooaadia||:0f aay caurt of Judicaturo, aibctt all immovMbiM
within tha dittrict of inch rogiatry than balonguM to, or which may ba tulMc<|uantly acquired by. tha
IMMraoa la aala t laa to who* Nch ragiatratian ual^ba M«^|ht» and tucfa oflco copy of aay Jud g m a at
or athar Jndkial act v pfoaaadiiv dull rcquira n«j|irther proof to bo odnittad to ragittiy.
yn. And ba It Avthar caactad, That all lattara
Awn tho Crown, or oonvcyanco of aaignioriaa
oithar by lllfaig with tha rcgiMar whera tha imi
lattan patent cr grant, carti'Aed by the provincial
tha entry tliareof in hi* oAce, or by tha acta of
OTMigalwIll
IttfcltM
MlMklActt.
Wllb.
and granta of aalgnloriM or othar giaata u»4t
to indlvTduala, mar and ahall ba tagialfrad. Ukt i
may ba aituateo a copy of the origfaw* P**"*
to baa true copy thereof, with tho daM of ■~'*'
, , I homage of any aeigniary eaitiied in liha
manner, or otherwiN by a minute or memorandum of thinitrlncipal coatanta of auch latteta pataat,
granta or acta of feoltv and homage, that ia to My, the naUra af tha partiaa, the nature and aatMl
and aubjact matter of the grant, and the amount and a.;twa of the rantca or other duea or dutlM
reacrveo thereby, and tha datca and asacution of auch lemra patent, gianta or acta of fealty and
homage, cartifled in like manner, and auch regiatration may Ba made in either of auch modea, at tha
option of tha party requiring audi regiatration, and with auch certificate of the provincial aaoatary,
ahall ba made wiibout fVirther proof being required.
VUI. And ba it f\irthar enacted. That ia all caaM wheN any title, claim, charge or incumbnaca Tk«
nay ba derived fVoai or under, or may hare been crMted by aay act or inatnimeat paaaed boAm >*('<
notariea or bafora a notarjr and witneaaea, the regiatmtion ahaA bo made by filing of record with tha *****
regiater for the county within which the immovMblea intended to be thereby amctcd may ba aituaM
a notarial copy under the band of and certified by the notary before whom it wu acknowledged of
every act or inatrument by which auch title, claim, charge or incumbrance mav have btHiu or ia aup-
poaed to have bMn crMtcd, or ia or may be evidenced or corroborated, afflrmea or aupported, in any>
wIm howaoever, '^hich notarial copy aKall require no fbrther proof to be admitted to regiatry.
IX. And ba it Airther enacted, lliat tha mode of regiatering every title or chum, charae or incum«
branre, under any will or teatamenlary inatrument ahdl be by filing with the regiater ot the county
where the immovcablea affecttd by auch will or teatamcntary inatrument may be aitaate a copy of
■uch win or taatauientary inatrument, and the regiatration of mich will or teatamentary inatrument
ahall take pkce in manner herein provided fbr notarial acta or inatrumenta lotu $eing pmi, or other
inatrumenta, according to the nature and quality of auch will or teatamcntary inatrument
X. And be it f\irther enacted, lliat in all caaea where aay title, alienation, charge or incumbnnoa inMnoMnii mm mimg
may hava been or may ba auppoaed to have been created, by or onder any inatruaaent under aignature, frM,
whether eseculed m an Enghah deed under aeal or without a«il, or in any manner m an inatrument
commonly termed tout uingprM, the regiatration ahall be made by filingof record with the regiater
where the immovMblea to be afEectcd tmreby may be lituate a true copy of every auch inatrument
sous tting frivt, with a atatement of the party by whom sucii regiatration la required, that the aame ia
in fact a true and exact copy of every auch inatrument lous umg privi, and that the Mme waa duly
executed by the party whoae inatrument it purporta to be, and a atatement of the addreaa aoU calling
of each of the auoacnbing witneaaea to audi initrumcnt to the beat of the knowledge and belief of tha
-party ao requiring auch regiatration.
XI. And be it further enacted. That in all caaea where any title or claim, charge or ibcnmbrance cialan irUng by
may have been, or may be auppoaed to have been created by, or to have riien fhmi the operation of openthm of h«, itt.
the taw (M by preacriptiun or otherwiae,) or by or fh)m the act, neglect or default of any party or "*• 'f^^^^u'aLd^'
perron whataoever, and ahall not be evidenced or aupported by nny written inatrument whataoever, K'wtiutn'prooA"^'
or only in part evidenced or aupported by written inatrumenta, not aufficicnt fully to teatify the aame, '
the regiatration of auch title, claim, charge or incumbrance ahall be made by (ilinff of record with
the regiater of the county where the land ao affected thereby may be aituate, all aucfi written initru*
menta or documenta, if any, u may be in the power, cuatody, control or procurement of the peraon
requiring auch regiatration, together with (or if no auch written inatrumenta or documenta ahall eaiat,
then by filing with auch regiater) n full, true, correct and detailed atatement in writing, by way of
memorial, of the nature and amount of every auch auppoaed charge or incumbrance, the circum-
atancea retating thereto, and the manner in which the aame, or any part thereof, may have aocrued
or been created, m aa to ahow diatinctly the nature, extent and amount of the chum made by the
peraon or perwna ao regiatering the aame, to the beat of hie, her or their knowledge thereof, or in
caaea in wnich the exact amount of auch charge cannot be ucertained at the time of auch regies
tration, then the approximate or probable amount thereof, ao far m the aame can be then aaoertained
or appreciated, together with a diati ct atatement or deai^nation of the peraon or pcraona, and of
the landa intended to be affected by the aame ; and in caae no acknowlednacnt by the paniea to b«
affiected by auch regiatration aa ia Iwreinbefore provided, ahall be filed with anch atatement, ahowing
the amount and nature of auch charge or incumbrance, and if the whole of the documenta, ataia-
nienta, memoriala and accounta in the cuatody, power or procurement of the party rcquiriaR auch
regiatry, relating to any auch charge or incumbrance, or auppoaed charge or incumbrance, with auch
atatement in writing by the party requiring auch regiatration, ao fitr aa the party may be enobled to ,
303. c c 3 wpp'r
^ I
I*
ii
wm
APPENDIX TO RBPORT OM THB AFFAIRS O?
ApBntfafE.) npply ilir mmm^ «MI Mt b* Mflcimt f» alM • diitiDCt intiiMtioa af *■»
■ *M th* pwcif Mtoiiiit of Mck dMqg* or ibcuakNMe, Mid of Oh Ibmm
•nd nfnt, other
< H i rtj, 10 all Mck ponoM u iMjr ■H wi w rd b Imw* a tw jo u to
iMOl
inqaira iiNe I
■A " * -* *
m iMiviiiifWiv
lapKarci^ Mui b^
•AohMt or
I w bo Ml and VIM 10 aN iatenM and y w ya m aa i m tmk mmr iabai
p or i n t a wlwu iear Ar a valuMe euwMinliDii, «Mae tMt, atorg* arineuflnl
tbocadulyregNtcrcdaccordiiif totkoHOTUoMoTtMa Act, in llM mmo Baaaar aa i
aiaaBt or iaeuMbniaoo ao dalkclivatjr ragiiterad Mi Bover bacn made or
ifMidl
lUfiMntlnorinMi
ar ii
ZII. Aad be it flirthar enacted. That in all caias of paneoa boUiag or daiaafa^ oadar mjf i
fee joan, the node of tegiatralion ihali be bj flinf an abttcact or mewetanduai of aneh leaatk
cn n t ai ni ag the aaaw and fiiidtara of the loMor, the mmm and raaideneo of Aa leoMak Ae t«ai for
which the leaae wae BMdak itetiag the {lariod of ita comm encewont and ta nain a ti a n , the aatwaeC
t^a lighta deaaiied, the mt or other diiee er dutiee or rigbta rtaerred, aud a dotoiptian of the iaa*
noreeblea ceaapritad in Mich Icaae, and the boundarico thiioof, aad a ■olenm aiataaaent of the inith
of die ftcta contained in anch abatmet, la the best of the knowledge and beUif of the perty lequiriag
OrUmm* >»*•<><«» XIII. FtmrUed aerartheleM, and be it 'arlher enacted, That nothing herein contained ahall estenl
Enm'n^eicewiiiu *" ^ conetrued i« ntend to rendering u compuliory on any person noMing and being in the actod
thM yan'^Taf P" "" '' " •'"•V iawwoaWee, under a Imm of not eiceeding three jFoan tea the conaMncanent
of Mich tann, to make regiatraiMn of lucb leeae ; but all peraoaa whoioorer, parties to such leese^
shall aad any eajoy, bold, sue and prose c u te all claims arising out of such lease, whether regislewid
er not legistmd, es if this Ordinance had not been pamed,
Tlw MctemtiM of
priviMgn.
The priTllcfMof inb
tttnttt.
PriiUrgn of vendor
•nd other taiUnr d<
Pririlrgrt of coheinor
co-ponHioaira.
Prifilegc of •rcliltocti<
bnildcn, dc
Privilege of crediton
•nd Irguret, prajring
for M|wr^Uon or Um
p^lriBouyif Ibe
deeeued bvei the pc«-
pert; uf Uie b*i:.
PiiTilrgea not duly
legiitcrrd Co rank only
•> nwrtgrgef.
Mode of autbenlieetliig
fauIiuiDtnli prcKUird
fur rrgittniuwi
XIT. And be it finther enacted. That the priTilcse of seigneurs ft>r todt et vtwta on my irnnova*
ablee within their rp«pective seigniories shall only be defeated by a certificate of the seigneur, that
aD led* et venlet on aiiy immoveables alienated, charged or mcumbered, have been paid, satisfied er
discharged, up to a day to be named in such certificate ; and all seignewa shall be boamd bjr law,
imon the reU bo oocon f n ied by * i nl» dodowtioii, to os iloJ n
bo ololaZ
thoMrty
•eoofdiai; to tho uiual coMiM aii4
toy r
Apfih!db(E.)
How any wlmui dcd^
ntiou icqalnd b; tUi
Ofdiianee ■■; Im
owde, ud poaiahoait
of mj petMQ ftMy
pcnooaung uioUwr,
•od Utrij tdmitthii
wiy iwh docwBUt.
nriMntioa, OMMMiog MatoBMM «r aU fali
bo ■ f na, ornnwliog to tbo jimtmmm or this Ordln— bo, mi of cbo olbiwiiiiily of
It awl Iko tmib of oach Acta, ■ecaoi in g to tha bott of tbo belief of tbo |w^
ifogUtmtkm.
XXI. And be it flwthcr emctcd, That in all caan in which any toleinn dedaiation ii raqdred
by tbii Ordinance to be made^ or any aclcnowledgnient to be gi*eii» audi declaration nunr be BMde
or acknowlednient given by the party reouired to make or give tbo aane in penon to tne rogiMer,
or by any ouwr fienan under power or attorney, duly autboriaed for that purpoi^ befae any
!ud^ of the Mipwior court of the diitrict where the aame ia to be uaed or filed, or before any
uitioe of the peace for such diitrict, or before the regirler with whom such document ii to be
filed, and lucn judge or juttioo of the peace or r^tar ahaU latiiiy hinudf, b^ the affidavit rf the
party or others, before accrediting such declaration or acknowledgment, of 6ie identity of the penoa
nalung aoch declaration or acknowledgment, and of the authenticity of tha power of attorney
mnder wbidi any attorney shall act in such matter ; and any person who shall knowingly and wilfully,
with any cormpt or fraudulent purpose, or with the int e nt i on of injuring or deftwiding any other
person, make or declare to be true any false statement in and by such soimm declaratioa, or know-
mgly and wffiUIy, with such intent as aforesaid, ticknowledge any iiwtniment or matter to have been
duly executed, oontiaiy to the fact and without lawful authority, or iUsdy personate any other
pcrsoD in making ancfa acknowledgment, eveiy person shall be tbcrdiy taken anid deemed to batre
been guilty of a miademeanor, and being thereof lawfully convicted, sliall be liable to sufo te Uio
pains and penalties as by law are inflicted on persons convicted of wilfid and corrupt perjury.
XXII. And be it Anther enacted, That in all cases in wiiich any titles claim, chaige or incum*
bfance, not created or derived firom some judgment or other judicial act or sale, or by letterb patent
cr ^nt fVom the Crown, or under some notarial act, shall be requfa-ed by any person or persons
having or claiming to have such title, claim, char|K or incumbrance, to be registered by any register,
Burh penon or persons diall, before the same diall be so registered, make and deliver to sttdi
register a solemn declaration that sudi his or their interest, title, claim, charge or incumbrance, to
the best of his belief, is just and true, and sign and deliver to such register a requisition demanding
such registrr, and statmg whether or not sudi title, claim, chaige or incumbrance is admittotl or
denied bpr the penon in possession of the property whereto or whereon, or in respect whereof su<^
title, chum, charge or incumbrance esists or is claimed, and in and by such requisition he dull elect,
and all persons whosoever requiring a regi»trntion shall elect a domicile in the place wherein such
registry shall be made, or within wee miles thereof, where he or they may be summoned or called
upon to support or defend the same, which said declaration, requisition and election of domicile shall
be in the form or to the effect of the formula contained in the schedule to this Act.
XXIII. And be it further enacted, That it shall and may be lawful for any person who may have Lm>M to chsafs
elected a domicile, on obtaimne registiation, or fbr his representatives or assies, at anv time there- domkUe.
after, by an authentic acte, to change the domicile so by nim elected, on naming and electing a new
domicile within the same limits as such former domicile, and causing the same to be entered and
registered by die re(|ister with whom such former registration shell have been made, who shall there-
upon make a marginal note of and reference to such new domicile, at the page in the books of
r^stry where such preceding election is entered.
WMvarsKHoy ii iw*
qoirad Ma tins, Iw.
notdsrif^faBa
jadlckl aw MMiti
ud di Bm » dnhio.
tiwarkhlilknd
icariiitiaB of ngtany.
■adthwcialssleeta.
doaieUe.
XXIV. And be it further eiwcted, That in all cases where the
m person
todfarei
, , * persona whose namea y/j^ in»tniii»nti aot
appear upon any inatrument, other than notarial or judicial, presented fa reBstratton, as the cseout- Kkiiowlednd by tbs
ins parties thereof, shall not be personally preaent, or appear bv attorney diuy autboriaed to acknow- puty, re|^«r to gin
ledge the same as herein provided, the register with whom such instrument shall be registered shall ■><>*>£«•
fauiwith, and within seven days after such registry at the farthest, cause notice to bo given to the
executing parties of such ikMniment, and to any party appearing on the &ce of such instrument to
be affected thereby, residing within his district, of the presentation of every such instrument for
rsgistration ; and such notice shall be given in writing by such register, at the place of residence of
the party to receive the same within the district of such register, and Aall be aflixed on the churdi
door of the parish wherein the hmds whereto sudi notice shdl relate mav be situate, unless the party
receiving such notice shall request such register, in writing, to abstain from affixing the same; and
in case any party to receive such notice shall have no place of residence within the district of such
register, it then shall be suffident to give such notice on the door of the parish church, or if there be
no church, on the door of the registry office wherdn such lands shall be situate afbnesaid.
XXV. And be it further enacted, That from and after the passins of this Ordinance, the registra- negitintioo tinta-
tion of any instrument of transfer (acte trandatifde propHHf) shall be tantamount to and operate as mount to delivery or
delivery or tradition, trsdliion.
XXVI. And be it further enacted. That no registration sliall confer any title upon, or confirm any ]u>iitnilon not to
title derived from, a person who may not have any just title or claim at law to the immoveables so couTei title.
registered at the time of such registry, and who never had any just title or claim at law thereto, save
and except as against prior purchasen and incumbrancen not registered daiming under tbe same
penon ; but all purchasen and holden of security on immoveables shall be held, and bound to
satisfy themselves of the right and title of everr vendor and incumbrancer to alienate or incumber
such immoveables, u they would have been if this Ordinance had not been made and passed, save ,
and except as to all prior sales or incumbrances by the party selling or incumbering such immove-
ables, of which such registry shall be conclusive evidence.
XXVII. And be it further enacted, That no notice on the pi^ of any subsequent actual purchaser ^oivn of a prior sale
or incumbrancer, for a valuable consideration, of a prior conditional sale or incumbrance not regis- or incambrance not
tared, shall vitiate or render void such subsequent purchase or incumbrance, duly registered, if made "?'"? "^ ""' •". »'"«••
fbr a valuable consideration, unless such subsequent purchaser or incumbrancer was a person Jij,™^,^*"!^,^^''*
employed to effect the registration of such first conditional sule or incumbrance, and shall have *
303. C C 4 neglected
•04
APPENDIX TO REPORT ON THE AFFAIRS OF
Atfmfi'^if^)
Any put* Mlttni or
incuabcniii mn mII
'it, •uj
mgl w tt ^ M to da, or iinloti ho thall bo a pMWM who bjr may ihnh, MgHgenee. ftwid orinlirepre'
ktotation ptovoolcd mch ngiMnliea iVon taking plan or boiag tjuljr bmo, or ftawlnleiitly Mm'
bined or ceei|Naed with anyiMnoa or ponon* to prwroat, obMrwt or dofaqr tho lamo: Frayided
alin]t%Tliato*idene»afwiclinolicoaBdothercireainlaaooaa«abovoiliaU be regulated bjr tho law
of tlw piovinoe, a* it itood at and bofore the paiiiBg of thia Ordlaaaoe : and provided lito, That no
■ubeaqwint puidweer, with aetaal aotica or haanrladgo ofa prior abeelato lalo to any other fcreoit
ftr agood and valid ooatideiatioa of tho mmo prapigr^, ihall he entitled to avail hmuelf of Mch
mheeqinmt piirchaie, bjr raafon of the waat ofa duo rtgktiy of weh prior tale^ until after he thall
hat* given or cauaed to bo given public notice to Mchprior purcnaier to regitter mch hit prior
pwdMee, by public advartltement k the Quebec Ofidal OaMtte tvrice in out calendar month, if
Mich prior purehaier thall be ^ving in thia pravinco, or alx aeveral timet in the taid Gaiette in the
counoof one year, and alto by a written nolieo during tuch year on tho Jom of the regittry olllce
vrfian waA laodt may be titoate* if tuch prior purchaatr be living in any other part of the wond.
XXVni. And be it Airther enacted. That it thall and nay be lawfid for any pcrton having eon-
ditionally told or incumbered any immovetd>lct, which conditional aalo or incumbrance may not
M rwriorl^lnnAinH ^^ ''"*^° ^> rcgiatered, tubtequentlv to tell or incumber tho tame, lubject hiehlBtlut ud in 8uch cate,^ Midi coadidooal tale or ineumbraiea at againtt tuch tubaequent porcbaier thall
nIM.
remain good and valid for the amount mentioned in mch~tubtc<|uent tale or incumbrance due
thmon, and tab{ect whereto tuch immoveablet mar have been told or again incumbered, and the
amount thereof in tuch cate, in purtuanco of tuch tubeequent tale or incumorance, may be eirfbrced,
with all interett due ttom thepniod of tuch latt tale or incnmbmnee, not exceeding the utnal period
of pretcription relating to nek catet by the lawt of thia prorinee and according to the provitidni of
thit Oidinanee, when and at toon at tuch ordinal conditional tale or incumbrance thall liare been
legittered in manner hereinbefore provided.
XXIX. And be it flirther enacted, That if any one having before conditionally told or in any
manner qiedally incumbered any immoveablet, and received the coniideratiou thereof, which con-
ditional tale or incumbrance may not have been duly regtttered, thall tiibtequently tell or incumber
the tame, or any part thereof, to any otlier penon, without diiclotinfr at the time and in the initru*
ment of tuch tubtequei^t ule or incumbrance, tuch prior conditional tale or incumbrance not
regiitered, and rcterving the right of tuch pricr conditional tale or incumbmace, every perton to
making tuch tecond me or incumbrance thall thereby, notwithitanding any termt or conditiont in
the oi^pnal contract to the contrary, render himtelf tubject to an immediate action at law, at the
auit of tuch prior purehaier or incumbrancer, for the full amount of tuch original conaidenitioo, and
cf any interett due upon any incumbrance, and of all damaget which tuch incumbrancer may luttain
by reaton of tuch tubiequent tale or incumbrance.
All Mln tad incua' XXX. And be it fiirther enacted, That ftou and after tix calendar montht after thIt Ordinance
bi«wMteta«tAc« thall come into operation, every alienatioD of or charge or incumbrance upon or in any manner
iroa leguny, mn« affecting any immoveablet in thit province, of whattoever nature or detcription the tame may be, or
jioihttMiMprttcruMd. boirtaeyer the tame may be evideiioed, arite, be created or originate, other than the privilege! duly
rcgiatered, in manner hweinbefore provided, thall take effcct and have priority, according to and from
the period and in the order of tuch talet and incumbrancet being duly ngiitered in manner in thit
Ordinance prorided, and not otherwite, tave and except at herein exprettly excepted and directed.
Ptnom ha die government of thit province
for the tiaw being, by wanam or commiation under hit hand ana privy teal, and recorded in the
office of the provineial aecretary of thit proriace, to nominate and appoint, from time to time, one or
mora fit and proper pcrton or pertom of mtegrity and ability to be pravindal regiiter of thit province,
wba thaU have, under tuch Oovenmr, Lieutenant-governor or perton adminittering the government
•f ihie province, the general tupcrintendence, control and direction, tubject to tlie proviaion of thit
i or of any other Ordmance or Act which may hereaiUr be ptiaed by competent authority,
of all legiatiy ofleca throughout thit prmince, whote duty it thall be to make fiequent vititt to tuch
, and to tee that the hooka and entriea therein are properiy kept and made, and the
datiea'tharaof praperiy, regularly and tyttematically performed, ana to mue reporta thereon to luch
Goveiwir, Lieoteaant-govemor or perton adminittering the government of the province, to be laid
b efo re tfae,lagialative authority of the provmce in each and every year ; and tucn provincial regiiter
liiaU have the power of appointing a deputy, or tuperintendent of regittert, in each of the dittrictt of
tUt province, Mr whote conduct and perfiirmance of the dutiet entrutted to him in the luperintend*
eoce of the retpective regittiy officet in their retpective dittrictt the taid provincial regiiter thall b»
iverable.
Tlw Giocnwr to ap-
point regixcn in aach
COUOIjr.
XXXII. And be it further enacted. That it thall and may be lawful for tuch Governor, Lieutenant-
Kovernor or perton adminitterinc the govermnvnt of thia province, by warrant or commitiion under
nil hand and privy teal, tecorwd in the ofice of the prorindal regiiter, to appoint tome one or
more fit and proper penon or pcrtont of integrity and ability in each and every county throughout
ihit province, to hold and excrcite, jointly if mon than one thall be appointed, in eacti of the taid'
countiea reipectively the oflce of county regiiter fbr each of tuch countiet; and tuch taid county
regittar ihalf hold and exerdte the oSce of cwinty regiater in a public ofice to be eitabliihed for
that purpote, in the town or place when the court of mcuit thall oe utually held within the countr
for whicn ha thall be jppoiniod to act, or at tuch othtir central and convenient town or place in tuch
county at thall, by prodamation from time to time, aa drcuiBttancct may reauire, be appointed for
that puipoae by the taid GoveriMir, Lioutenant-governor or pcrton admbuttering the government of
thia province at hereinbeforo provided : Provided nevcrtheleta, that it ahall and may be lawftil for
the Uovernor, Lieutenant-governor or penon adminitteriiw the government of thit province, in caio
any county thiUl appear to him lo bo inconveniently large vat one regittry ofice, by proclaroatiun, to
diride Midi county, for the purpote of thit Ordinance, Into one or more countiet, at thall appear lo
hfan the mott oonvenidtt for the inhabitaatt thereof, aisd to appoint otw or more regittert for each of
•uch tubdivwioni at for the whole ofa county.
X.XXlIi. And
^^w
■^1
PRITISH NORTH AMERICA.
905
XXXIII. And be il Airther
iMgnUm of
I, That the original warrant or cm — iw iw i of oraiy penen 10 TW wmh
•ppointod tuch county rMtiMcr ibaU be fonrardtd to the ponea m appoiated, and ranaiB in hia ""■* •"'
•flea aa hia authority, whilst he ihall continue Mdi reginer, and bo at all timM during the houra of f^^S^utXn
office, open to the intpection of all penonawheaaaaeveri And every iLch provincial ngialer or county orofln.widNMlii
rcgitter, or any penon c'aiiining to bt;, or to be entitled to be, tuch rcgiater, ihall be remwrcable at rcg'niend, umI pcnahy
the rwittry, or where he cTaima to be register, who ihall forthwitk ghre up charge of hia laid oAca
and of the wal of office thereof, and of all rtgiilen and documents thcreki to such persona aa shall
by the Governor, or person administfripg the govcranent of this province, be appointed or named
to receive the sf ie; and if any person so rennved or ordered to give up such charge shall reAne or
neglect for the space of four tiays next after the time when he smII be required so to do^ to deliver
up such oiBce, or tiie books, papen or documents therein contained, or any of then, or shall have
at any time wilfully mutilated, oestroyed or allowed to be mutilated or destroyed, any such books
or papers, or if after the expiration of such four days after he shall have received the warrant of
removal, (be not havine then delivered up such office,) any such books or pq>crs shall be mutilated
or destroyed, whether by fire or other accident, such person shall forfeit for every such book, paper,
document or instrument which shall be so mutilated or destroyed, and for every subsequent dav
that he shall continue in possession of, or refuse or neglect to deliver -up such office or any such
books, papers, documents or instruments, the sum of five pounds currency, to be sued for, recovered
and applied as hereinafter provided, and for the amount thereof so far as such recognizance aa here-
inafter IS provided shall extend, the same shall stand and be a security ; and such person lo filling or
having filled the office of register, and so as aforesaid offending, shall be considered as having fbr
every such offence committed a misdemeanor, and may be prpsecuted aocordinely in the superior
court of the district wherein such offence may have been committed, and being thoreor con-
victed, shall be subject to such reasonable fine and imprisonment as the court in its uscretion diall
award.
XXXIV. And be it further enacted by the authority aforesaid, that every provincial register ai
sister for any county, before he enters upon the execution of his office, shall take and subacril
and
subscribe
Emj pcorincUl n-
gUter Slid Kgittcr to
take III wih of office,
«nd enter into recog-
niuiice fur the due
execution of his office,
to be binding frora the
time of aclinovledge-
ment. To pa; •
peiwit J of 5 1. foe actioQ
without doing m.
before a judee of the superior court for the district wherein his registry office shall be situated, or
before one uf tlie judges of Her Majesty's Court of King's Bench for the district of Montreal or
Quebec, an oath of office in tlie following wortls, that is to say ;
" I, do solemnly swear, that I will faithfully, diligently and impartially, to
the best of my understanding and ability, execute the office and perform the duty directed
and required to be by me done as provincial register, or register in and for the county
of or district, (as the case may be,) of
under and by virtue of an Ordinance nuide and passed by the special council
for the aff'airs of the province of Lower Canada, in the year of our Lord 1838, intituled, < An
Act or Ordinance,' &c.'
And every county register shall take the like oath before some judge of Her Majesty's Court of
King's Bench, or justice of the peace for the district wherein his registry office is situate : And every
such provincial or other register, before he enters upon the execution of his office, sliall also enter
into and acknowleilge a recognizance unto Her Majesty, her heirs and successors, with tow good
anil sufficient sureties, before one or more of the judges of the superior court of the district wherein
his registry office shall be situated, in the following sums, that is to say ; such provincial register in
the sum of pounds, and each surety in the sum of pounds, such county register in
the sum of pounds, and each surely of such county register in the sum uf poimds,
conditioned for the true and faithful performance of their duty as such registers respectively, in the
execution of their said offices, in all things directed or required by this Ordinance ; and two office
copies of such recognizance of every such county register shall be forwarded within two days from
the acknowledgment thereof to the office uf the provincial register, by the prathonotary of the
court before which, or u judge of which, such recognizance was acknowledged, under a peiialty bv
such prothonotary of live pounds for every day's default after such two davs, one copy whereof shall
remain in the office of such provincial register, and the other whereof shall be registeied in the office
of the register acknowledging the same i and such recognizance shall bind the immoveables of the
person acknnwiidging it from the day of such acknowleasmcnt : And such oath of office so taken
and subscribed by such county registers shall be forwarded to and remain deposited of record in the
office of the provincial register of this province; and every provincial or other register, who shall
take upon himself to act as such register before taking, subscribing and recording (uch oath of office,
ns aforesaid, and before entering into and acknowledging such recognizance as aforesaid, unless bv
the direct authority of the Governor, or person administering the government of the province, shall
forfeit and pay for every act done by him as such register the sum of Ave pounds currency, to be
sued for, recovered and applied as hereinafter provided : Provided nevertheless, and be it Rirther p • . „ 1, ,,eoc.
enacted, Iliat when within tlie space of three years tirom and after the death, removal or resignation „'^"^ '(o'l^ void \(
of such register, no misbehaviour shall appear to have been committed by such register, in the no fraud diwofred in
execution of his office, then and in such case, and from thencefoiJi such recognizance so entered three ;ean after death
into and acknowledged shall be void and of no effect to all intents and purpores whatsoever, and <" rr"'0"l °f^^'
neither Her Majesty or any other person shall from thenceforth have any claim in respect of any "('""'■
after discovered fraud, neglect or misconduct of such register, or of any damage or injury sustained
thereby, save and except that any person whosoever who may sustain any loss or injury bv the act,
neglect, fraud or default of sucn register, may at any time within the period allowed by law as to
prescription, proceed by personal action against such register, for the recovery of all damages by
nim sustained tliereby, or such person at any time within three years firom the death of such register,
but not after, may proceed against his heirs and his tmencumbcred property, for the recovery of
audi damages.
! 1
I I
I 1
303.
o o
XXXV. And
de>
ncenoi In llie elerk,
ponlthoblc b; line and
liapriioniMnl ; end
dcik aad Rf itlir to
Ibcfeit a prnally uf 5 i.
with trebte coMi.
DKUnlka Ihot ao
ngitief it tu be »lkiwcd
hy Imv to reieive anj
fee, &c. noi euihunHd
b; Act ol Parliament
or future Ordliiame,
ur b; tarilf duly aulho-
fised hy luch liilure
Act>( eici pr a» ftalic-
tioncd cvpirikly by
Ihik Onlhiance, and aa
■utboriard under rtiii-
ing tegiitry Ada now
in tirce.
Every eoonty rtgiater
to appoint a deputy,
to act ia caaa ol hu
dealb or ahKucr.
XXXV. And be it fhrthcr enactad, That a certMcd copy, under the hand and icial of evnjr wch
provindal or coun^ KgMcr of any document or writing by thi« Ordinanre directed to be recorded
ui the office of such provincial or county resiitera reipectively. thai! be received in evidence in all
ooiirta whaUoavcr in ihia pravioce, and •haU be evidenee of the exiatenct, nature and contenta of
the regiitiy, and tball alao be evideace of tbe inamunant whereto it reiatca, in caie of the loaa
tlMreatt and in cawa where aueh regitiration waa aMide upon the adniaaion of any party to be
affiKted by tuch reeiatration, auoh eertlficd copy ahall be evidence alao of the aignat>ve of tiie party
or partiea, and of toe cKeiniiion of auch document or iminiaMnt of admiaaion, in like manner and
to UiaaMne extent aa if the arijpaat document had been produced and proved: Provided neverthe-
ieea, lliat auoh evidence ahall be efen to be teboHcd byproof that any fraud, impoaitijn. (bigery or
lUaepeiaoution waa prBc*iaad in obtainiag auch rcgiatraiiont and prvvided alao. that no tviicnca
ahall be allowed to be given to rebut the lege! efliMt of auch legiatration, unleaa fifteen day*' notice
of the intention to produce audi evidence ahall be given to the ad verae party before the day appointed
for commencing the enqwIUt Ai)4 evenr certificate produced in any court of juatioe. und«r the haiid'
and aeal of office of any ragiater, ahall ba received in evidence witonut further proof.
XXXVI. And be it further enacted, by and with the authority aforciaid, That every regiacer ahall
keep auch number af fit and praoer and well-qualified derka for the eMCUtioa of the duty of auch
rcgiatry office aa the buaineaa therein ahall from time to time rei)uire, ao aa the rcgiatry of every
inatrument preaeoted for regiatration ahall take place with every poiaible deapatcb ; and auch regintcr
ahall be held reaponaible for the due. careful and expcditioua performaace oi auch dutiea aa ahall
oe committed to nim by thia Ordinance, whether auch ahall be peHbrmed bjr him. or by him coni"
mitted to the charge or execution of, or ahall be performed by such clerks, and .for any de&ult.
miafeaaance or naueaaance by auch clerk* r(.ipectivcly ; ai>-i auch rcgitter abdl not allow any fee.
gratuity or emolument whatever to be taken by auy clerk, in hia oflice, in reapect of ary duty im-
posed upon auch register, ( r hia dcrki, by tnia Ordinance, under any culour or pretence, or in
consideration of greater expedition, or of any service rendered, or of auy matter or thing done in
ceonckion with hia aaid oflice, or other pretence wbataoever beyond or over and above or other than
auch fee or feea aa ahall be .*ixed and allowed for the aame by law, or to which he may bcconie
entitled by any future Ordinance or Act : And in case an^ deik or other person in the office of any
register, shall exact, take, demand or receive any sum ot money whatsoever, or any article or thing
01 vdue, for the performance of any duty so imposed upon such register, contrary to the piovisiona
of this Ordinance, other than as may be allowtid by any future O^inance, Act or law, every such
dcrk or other person shall be taken to be guilty of a misdemeanor, and being thereof lawfully con-
victed in any superior court in this province, may be punished by fine and imprisonment at the
discretion ot the court ; and every such clerk or other person, and every register in whose office or
in respect of whose duty the same shall be taken, shall reipectively forfeit and pav for each auch
olfonce doublo the amount and value so received by such clerk or other person iot auch duty or
under any such pretext as aforesaid, and also be liable to the penalty of five Munds crson to be deputy-
register of surii couuty during the pleasure of such county register, who having taken the sane
oath in substance as his principal before some ji:stice of Her Majesty's Court of King's Bench,
provindal judge or justice of the peace, alull be considered as the head clerk of such county register,
and whose name shall be fixed up in htfRC and legible letters in the office for which he shall be
appointed such deputy-register; and a» often from time to lime as such dcptity-regiater ahall die or
be removed firom office, or become incapable of efficiently executins the oflice, another shall be
appointed in hia place by writing umler the hand and seal of the register of auch county, and aU
auch appeintmenta or removala shall be certified under tbe hand and seal of such county register,
■nd forwarded within three days from the time uf such appointment ur removal to the provincial
register and reeorded in the office of the provincial register, and be open to the inspection of all
partiea, in like manner as tlu: appointment of such register ; and such deputy-register, in the
absence of the county rrguler, shall petlbrm all the duties of tlie said office, and in case of the death
of the county register, srall perform all the dutiea uf the aaid office, uain^ the aeal of auch deccaaed
regiater where necesaaiy, and shall give immediate notice to the provincial register of the death ot
such county register, and from the period of ao giving notice, shall receive all such fires, remunera-
tion aadenoluments, as such register, if living, ivould have been entitled to, and shall be subject
to
w
"^M:
""V
!:■■' ■>,^'
■'' '.•
BRITISH NORTH AMERICA.
967
Apt«pdiji (E<)
lUpiiltr to pro*M« a
ll Sum* wo eCcr,
wkkk to h» oftn Ac
KllMntiaa fiim nine
to Iml** ud from tw^
to t*t every diy,
S ide y t end bolldayi
•Hi; ue«|Med. The
imviiieMl Kgitter'i
onee to be open fion
ten to fcur.
ItMilul tlwl regbwrt
•hell be paid b; iret,
(wken Ihc oCcc* fully
tileblithed) to be
Mlllf d eccordini to ■
leriir to be nttUUbed
hr the Gareraoi fat
ffooncUi batetno
fmtt iiuw eiitU to ee-
lebliih tuc' b; Iceitla-
ife eullimit;, and U it
■Ml npedirat to pou-
pane 'ae benefit! uf a
nglMry '.nlll euch
powei t litM, the Go-
vernor, dec auihoriied
to p«y oot of any an-
apptopriated fundi, &e.
reaMiiable Hiaty to
Ike reiiitlen, lun and
tkcir eiptnm of olRcr,
tie, not cicceding in
the whole poundi
annually.
Iteoli'i of regiitfy to be
krp> by eaeh legiiler.
lo (he HBM paMlUca, M*e and noapt u to the acting before taking tuch oath, and before entering
into Mch leeognlsance ai it bereinDefiNre provided, that audi regiier would be liable to if living,
until a new rg^ater be duly appointed and twom.
XXXIX. And bo it Anther enacted, llwt every county regieter ihall provide some fit and proper
houae or place for the tnntaction of the buiincaa of hit laid oflice, and the lafo euatedy and keeping
of the l e glm iea therein, regard being had to the pr tmna tlon of all tuch rcgittriea mm liie danger
of fire, until tooM praper and tuitaUe building thall be provided for tuch pwpote by the Goveraor
or perwm adminiNering the govtmnenc of thit pravinoe, and tuch oflhse inall be open for the
tianteeiioa of the butineu of ragittration thereb from the hour of nine la the momtog nntfl twelva
at noea, and (hm the hour of two fai the afkcmoen until the hour of fve, on every day in the year,
Sundaya and aueh kdidaya aa with reforence to the religiona ritea and cuaiont of the faihabitaina of
thit province may be fixed for that purpote, bv the Governor or peraon adminitterinK the affiurt of
thitjiH»vhMe,Ktiyeaoepted; andtheofflceof the provincial regitterriwll be open for the trantactioa
of the botinett of hit oflise under thit Ordinance on the tame day* aa the uAoe of tuch county
regittert, from the hour of ten hi the forenoon to the hour of four in the afternoon of each and
every d^.
XL. And whereat it it expedient that when regiitrr offieea shall be f d maintenance of their officet and die expentet thereof, and for the other purpotet of thit Act:
Provided nevertheleat. That tudi tumt of money thall not exceed in the whole the tum of
currency annually.
XLI. And be it further enacted, That every county regitter thall keep in hit office one general
book of registry, in which thall be entered at length in the order in which they thall be presiented
for reglttration, all inttruiqenta entitled or liable to resistration, and thall keep one other book of
regiitry,to be called 1he Book of Requisitiont, in whicn thall be entered, day after day tuccetiirely
and in numerical order, without anv blank or interlineation, all requiaitiont for regittration of any
document or intfrumeot pntented for that puipose, and in the order in which tuch requiiitiont ahaU
be received and come to the handt of tuch regitter, in which entry thall be specified the number of
documentt and their req>ective naturea, whewer judgments or other judicial acts, letters patent or
Krantt (h>m the Crown, actt of fealty and homage, notarial actt, claims frum inheritance or wills,
instruments loiu icing privt or claims from operation of law, or leases or other evidence of title,
charge or claim which the partv may desire to register, with the day of the month, week and year,
and the hour of the day in which the aame thall be presented for registration, and the name, addition,
adtlreaa and domicile of the perton presenting the same to be registered, and of the person or
persons in whose behalf tuch regiitration may be required, and whether tuch person ur persona
appeared persunallv or by attorney, and if by attomuy, the name, address and domicile of such
attorney, and in which entry shall also be specified by general description and by the name of the
town, townahip, seignioiy, parish or extra-parochial place or village where situate the lands intended
to be thenby aiiected, all which particulars thall be lupplied in writing by the person appearing and
requiring for himself or any other person such rrgistration. A copy of which entry with the
number aflixed thrreto in the said book shall be dehvered to the person presenting such documents
for tlic uae of the person reiiuiring such registration, together with a certificate that tuch documentt
have been duly registered (wnen tuch is the caae), and the number of tuch registry in the principal
book or bookt of such registry, and which certificate thall be tignified by the regitter at the foot of
tiie-copy of tuch entry.
XLII. And be it further enacted. That all documents, instrumentt or papers relating to the same
lands and to the same act of registration shall be kept by the county register by whom tlie tame
may be registered, in one packet under one number, and shall be entered under the same number in
the several principal bookt of registry, which number shall be the same as that under which the
requisitions for registry shall be entered and made in the book of requisitions ; and every registry
when made and perfected aball be taken to have effect and rank in priority of time, subject to the
rights of privileges if preserved in manner and within the respective timet hereinbefore provided,
according to the number under which it may be entered in such book of requisitiont, save and except
where it may be otherwise exprettly provided and enacted by this Ordinance.
XLIU. Provided neveithelest, and be it further enacted. That when two or more requisitions for Remitiiioiu received
regittration trom diffirrent parties ihall ha made at die tame precise time, that is to say, by the same at the wnie ume 10 tw
pott or otberwiie, the documentt or initnimenu which may be fiwt in order of date shall be the fint JJ|!T,^ "fX"i* '1°
entered in the taid book of lequitiriont; and where two or more may be of the tame date and to ^^ * """"'
different partit t, then the tame thall be entered of the same number, out with letters in addidon to
dittinguiin them, aad their raipective prioritiea aa between each other thall depend upon the prioritv
of the execndon of each rrwectively : Provided alio. That no document or instrument whidi thall
have been antedated at or after the rime of ita execution thall receive any priority of regiuty htm
or by rcaaon of any tuch prior eiuiy in the taid book of raquiniieiu, but all tuch docnmenta or inatto*
303. «E
All documenli relating
to the HBie Act uf re-
qaWtion lu rweive ih«
•aiae number •• hi tbe
book of requisitions,
and tlie registry to lake
efcet according ti> such
naiabcr, except otlier-
viw provided by tUi
Ordinance.
i
mmm
m
so8
APPENDIX TO REPORT ON THE AFFAIRS OP
TWcMMy ir|kltr lo
•tanwlt to Ik* pi«-
«iiickl KiiMcr awilM;
UMt cppm of (ll !••
r'lhluiii ricttitd la
■OMI*
CmM; rrgiMtr to kMp
• bMk of iiMl««.
Cwnt; nifitMr alio I*
ktrp ■ RgiMty, «itk
HI alphalMliMl liil of
•II plan* within ku
cooDt}, and with nht-
•MM 10 ill nlrin ra-
iMlif ta Undt wMkin
•Mbflaen aiida hi
To pi« m »t anilbniiii}
of irfUtrj, Ice, the
pmiiKiu Kglurr to
■apply tirrj coaiHy
MgiMcr villi all wch
haokt ■• aMy be n-
^•iiw), M toand, tie.
ta to pmtM inleipo-
lMiia,lK.
Protliieial rrglitrr aho
to lupply • Hal of
••cr, oilb which th«
•Ccial books ihtll ba
waled.
Ptnaltjr for eountrr-
Ulhif wal nr fnrg lag
took or cutij, &c
menu receiveti at Ibe Mrne time Mart •ctual entry of any other requiiition for rcgiilration ihall
rank in priority of date, acoordlng to iho prioriiy of tlieir actual Mecatloii.
XLIV. And be it Airther enacted, That every county regiiter ihall Iranimit monthly an caact
eofiy of all rwiuiiilion received within the nuinth preceding, and of the entry thereof in the order and
nHWiwr in which the aame ahall be eMered in the wid boi3i of requiHtioae to the provincial register,
who a* i«oai|K Ihcreof ihall cauie the laine (brthwiih to be enterad in the like order and under the
Uke n—beta in a booh of reifiMty in hit office relating to the county from the legitier of which
each ftquiiilieM shall be reeeived, with proper dphabetical indexes to all such Iwoks, which fai«t«
nientioi;«d book and indexes shall be open at all hours of business to aU |icrsons dcsirina lo make
sea r c h in the oAco of the psavincial register concerning such registry in the county to which such
hooka aaj reapcctively relate.
XLV. And be it further enacted, That evry countv register shall, over and above such other
books of registry and requisitions, keep a book uf index, wherein shall be entered in alphabetical
order (acconling to the names of the owners or proprietors of any lands or immoveable property in any
manner alienating or incumbering the same, or whereon any incumbrance may be charged deferences
to every enlr3r ofregistry in the other books of registry, with the numbers of such entries respectively
as numbered in tbe said books, and the >tages of the book or books wherein all such entries rr«pcctively
may bo made, and the name of the city, town, township, seigniory, parish, extra-pariichial place or
village within which the same may be situated, and of the person or persons to be affected by such
registry or registry*, so far as the same may appear from such requisition and documents presented
for registration, so as at all times to give a perfect ant' ready reference to every entry of registry, and
every requisition of registration made in such books, as the same may be made from lime to time.
XLVI. AikI be it further enacted, Tliat every such county regiater shall, over and above all other
books by this Ordinance required by him to be kept, keep a book containing an alphabetical list or
oalonilar of atl townships, seignurivs, puishes, extra-parochial places and villages within the county
or division for which such register shall have been appointed to act, with distinct reference under
the respective heads of such sevciml towns, townships, seignories, parishes, extra parochial places
and villases to all anJ every ofsuch entries in the regiatry books kept by such registtr relating to any
immoveablea lying within such aevernl towns, townships, seigniories, parishes, extra>parochial
plncea and villages respectively, and the numbers of such entries resptectively, and setting forth the
MMics of all parties to the same, and the particular land to which tne same relates, so that by the
aid of such two books of reference or index as aforesaid, any person acquainted with the name of
the owner or proprietor, or the description or locality of the property respecting which he seeks such
infbrmaiitm, as it is the intention of this Ordinance to aifont, through the means of a registry, may
readily discover the matter which he aludl desire to know.
XLVII. And whereas luiiformity of books both of regiMry and index will greatly forther the
geni'ral objects of this Ordinance, and tend lo prevent interpolation, altcrat'on and iVaud in such
books, be it therefore further enacted. That the provincial register shall supply In every cnunty
register all such books of registry, retiuisition und index as may be required fur all entries hereby
directed to be made, which books shall be prepared, bound, ruled and lettered in an uniform
manner before delivery by such provincial register, and marked and signed by him, so far as
is possible to prevent any alteration, interpolation, extraction or forgery of any part of such books
without discovery ; and all such books and all other minutes and entries whatsoever in t!ie
office of such registers, and all papers and documents whatsoever which may be filed with or
kept by them in the course of the execution of their iluty, sh^il at all tiroes be kept and arranged
in such a manner, and with all such necessary references from one to tbe other as may aflord
the greatest possible facility of search ..nd reference, and such :is to enable every such register
or any other person who may be desirous to search and to iligcoviT what charges or incumbrances
may be in existence respecting any pnrticular estate, the local description of which he may be in
possession of, or against the reul estate or imronvcable property of any person or persons, whoso
names and dcAignation he may know, to discover and ascertain whether any such do or do not exist,
and if any such do exist, the nature and extent thereof and the descri) lion of the security whereon
the same may be founded or depend, and so as to enable every such register to certify the same, and
the particulaics thereof, so far as the same may apipear from any documents or instruments registered
with him.
XLVIII. And be it Airther enacted. That the provincial register shall likewise supply to each and
every register who :.hnll be appointed for any county or division ol a county under this Act an oiiicial
seal of (rfSce, with the name ol such reuifitcr and his office and the date of his appointment engrt I
thereon, with such other device as shall be common to all county registers and shall be determined
by the Governor or person administering the government of this province from time to time ; and no
other seal of office snail be used by any liiich register ; and every such ufliciul buok supplied by the
provincial register shall be sealed with the seal of office of such provincial register, and also wiih
the seal of the county regi^ler, to whom the same is forwarded or by whom the same is used, before
any entry shall be made therein ; and if any person shall forge or counterfeit any such book, or
any entry which ought to be or which by law could be contained in any such book, or any such
aeal of office of any such register or county register, and the Imprrssion thereof, or sliall without
the authority of the register or deputy register of the office whereto such seal shall belong, affix
any such genuine seal to any document, instrument or certificate, or if any person shall forge or
counterfeit tlie signature of the provincial regieler, or any county register or deputy register, or if
■nv person shall steal, take or carry away any such bnok or seal of office, any such person to
omnding and being thereof convicted before any superior criminal court of Her Majesty in this
province, shall be taken and deemed to have comn:itted felony, and shall be liable to lie trans-
ported to one of Her Majesty's penal colonies for life, and shall also be liable in law for any loss,
injury or damage which any person may sustain by reason of any such act done or committed by
my perion ao offending, whether such person mav or may not have been thereof criminally
convicted I Provided ncverthclew. That no execution tor such damagea in any civil action shall in
Uf derive bfv or prevent the criminal conviction and punishment of any such offender.
XLIX. And
■^rr
BRITISH NORTH AMERICA.
aoj)
XLIX. And Im it ftirthcr mwcted. That th« provincial rcpliter and •very luch county Kgiiter mall
grbnt every facility of learch, and afford every information in hii power to pertont Mcking to
■t^iHtain through the meant of the registry boolit in his chcrge, any matter or thing theiwin con-
tained ; and ev««v auch county regiMW when and lo otlen. at he thall be thento lequirMi, by any
pcnon, who thall pay lo him the turn of *wo thillingt currency for every tuch aaarch, thidl make
•earch, from and for tuch period nut exceeding the period of thirty yean, at he iliall be required by
the party leeking such information, concemhig all titles, alienationt, chai)^, incumbranoea and
claims wnich shall or may at any time theretofore during such period have been icgittered in hit
ofBce, relaring to any ijnmoveablea within the circle of nit registry, and every tuch county regiiter
•hall, when thereto required, by tuch person at thall have paid to him for every tuch search such
aum of two shillings currency, and who shall aUo tender, offer, and umlertake to pay to him the tuiti
of nnc shilling currency for every separate registration which sh»ll appear to have been made in such
book of registry, relating to sucn immoveables, during the period of such search, or if no such
registration shu) have ^-en made during such period, the sum of two shillings currency fur tuch
certiAcate, certified under the oiflcial lignature and teal of the office of such register, whether at the
time and .on the day of the date of such certiricate, or whether at any time after the commencement
of the period to which such search thall relate, and which shall be named or specified in such certifi>
cote, any title, alienation, claim, charge or incumbrance, affiectihe any such lands or immoveable
property, is or hat been registered in hi office ; and if any such tlicre be, what is the nature and
extent thereof, and the nature and description of the security, instrument or document whereon
every tuch title, alienation, claim, charge or incumbrance may depend, or be founded, as the same
may appear from the ofiicial books of such county register, and every tuch certificate thall be
receiveu in every court of justice in this province will.out further proof, and shall be admitted as
evidence of tiie facts contained therein, so far as such county register is reuuired by this Ordinance lo
certify tlie tame : Provided nevertheless. That if any such county register snail liuvc omitted to include
in his certificate any document ur instrument of title, alienation, claim, charge or incumbrance,
which at tlic time ofhis granting such certificate was registered in his said office, proof of the registry
thereof at that time may bn admitted by the court, before whom such certificate may be produced,
in opposition to such certificate.
L. And be it Airther enacted, That if any such county register shall knowingly and wilfully, with
intent to defraud or injure any person whatever, give any false certificate to any party applyinK I*" *
certificate of any title, alienation, claim, charge or incumbrance, every such register siiall be taken to
have committed felony, and being thereof convirted, may be sentenced lo trans|>ortation to one of
Her Majesty's penal colonies, for any period not exceeding fourteen years, and every such register
who may give any tuch false certificate, whether with fradulent intention, or through inadvertence or
negligence, or otherwise, shall be liable to all daraaget tustained by ony person by reason thereof,
whether he may have been criminally pmsecuted and convicted or nut : Pmridcd nevertheless, Tliat
no execution for such damages in any civil action, shall bar or prevent the criminal prosecution and
conviction of any such offender.
LI. And be it ftirther enacted. That no claim for any accruing interest on any security for
money, or any claims tor rent of any description upon any immoveables shall be a charge or incum-
brance upon any immoveables, otter the period of registration, although the security on which such
claims may be reserved may be duly registend, beyond a period of five years, but all tuch claimt
thall be absolutely null and void as against subsequent bon& fide purchasers or incumbrancers for a
valuable consideration beyond such period of five years, unless registered afresh as a principal and
integral turn and charge, with the assent of the person subject to the payment thereof, or accompanied
by the declaration hereinbefore directed and required for the registration of instruments sous teing
privi.
Lll. And be it further enacted, TImt whenever any chir^c, incumbrance, or claim affecting any
immoveables, whidi shall have been duly registered according to the provisions of this Ordinance,
shall have been wholly or in {lart paid otf, satisfied, or discharged, whether such charge, incumbrance
ur claim sliuti consist ot' principal money, interest, lods et vcntes, or rent of any description, or other-
wise, it sliui! iiud may be kiwf'ul fur tlic person whose property shall have been so affected, to demand
of and from the party or luirties in whose favour any sucli charge, incumbrance or claim may have
operated, a release or discharge of such chiirge, incumbrance or claim, to be addressed to the re^ster
of the county in which the same may have been registered, to the effect tliat such payment, latisfac-
tion and discharge, whether wholly or in part, and if in part to what extent, have been niade ; and
the register to whom such release or discharge thall be addressed, on proof of tlie authenticity thereof
by aflidavit, shall file the same of record, and preserve the same in the same packet as the documenU
relating to the originiil registration, and enter a minute thereof or a reference thereto in the margin
of the several books of registry, and the intlcxes thereto, in the same page in which such charge,
incumbrance or claim or reference thereto was originally entered, to that the tame may be manifett
upon the insp<>ction of such registry, to all persons whom it may concern ; and such register shall >i'so
transmit a copy of such release or discharge and minute, to the provincial register with the next
monthly report to be made by him, according to tlie provisions of this Ordinance, who shall forthwith,
in like manner, cause such minute to be entered in the bookt of registry in bit office, relating to
such county, in tlie place or places where the original entry or entries of such register may appear.
Lill. And be it further enacted, Tliat when any duly registered charge, incumbrance or claim-
affecting any immoveables in this province, shall have been so paid off, satisfied or discharged, either
wholly or in part, or where any such duly registered judgment shall have been reversed either wholly
or in part, and the person or persons in whose tiivour the same may have operated, upon being re-
quested so to do, by or on behalf of the person whose immoveables may have been so charged,
incumbered, or afifected, shall refuse or neglect to ^rnnt, at the proper costs and charges of the party
applying for the same, such release or discharge as is hereinbefore mentioned, of such partial olr total
payment, satisfaction or discliarge thereof, or if any seigneur shall refuse, after reatcliaMrt
oil iiicumbiiiicca
bcjaad Ibiee >«an.
When anj pait of a
charge, incumbraDce or
olaiiD shsll have been
ditrliar^od ur uti>fied,
a rrlratr, iii'. may lie
deniandrd aiid
irgisteced.
If upon iDeb chw|e,
&c. beiii|pikl«fl;&e.,
the penon in nhote
faTour It o|ierated re-
fuM to (riiiii mch
njleaw, &c., the pany
rnliiled may apply by
suiuniKry action or
niDiiou to the Court of
Querii't Bf ncli, to
compel the pony to
grunt the fame; auoh
court may mi\tun snd
adjuitge MmRiiiiUy>aa4
give damagci wid soiti.
y^^
^Tf^
•lo
APFRNDIX TO REPORT ON THZ AFFAIRS OF
ApHodix (E.)
N« tiuM* or obl'itT'
raUun M b* ■»<>• iu
■ay rafMt* kaak ur
•niiy, bM M Mjt Mm
•c ft — J uki or dcfcc-
ll<« Miirjf Bad*, lb*
Kgiacr, ur wj p*ri«
■Occlcd nay apply by
notion tu tue Qucrii'i
Bench lo unal oi
rtclify tlic hbm, SiMh
coort Bay uli« cognU
nnce of il. and cither
ribcci an action to ba
iiutitBied, or diipoM o(
thccnaiWMwrUy.
wiik powtr to tiaiainf
the partial or aritr. mi
(M wcdereiiaalh.
•uiwriorcMittia Um district «rh««'tlM inaotMablnnajrii* lituaitd, or «Inm tht fMRjrwIioM dofy (f
nmy ht to gnuii tuch relcaae, diicharii* or ctttificat*, shall rasid*, to compel the Mcmtion and dt-
livcfjr of the saiae ; and stich court shall have power and authority in every such case to in^iro
suiansarilj into the same, and to do Joatiee in a summary manner be t ween the partiee, and, if joaliee
shall require, to award the grant and euoMtioa of surh re lease, disc h arge or oertUlcate^ and tmt that
puipoae to summon all witnesses and examine the parties and wilncssas vnJ rear in open court, or
on affittevit, as the court majr think fit, and tu award such damifee ae lo the said court shall seem
Just and reasonable, and to J^*e such costs lo either of tlie parties as the court in their discretion
shall think fit ; and in acase kuch court in Its Judgment shall award the grant and execution of such
release, discharge or certificate, either wholly or in part, such Jutlgmeot may be filed with such regis-
ter, and shall Iwve the same effiwt as any such release, discharge, or certificate, and a ainnle Iheieof
shall accordingly be made by such register, in the saki books of registiy.
LIV. And be it Anther enacted. That in making registration of any instrument, and beflN* eom>
pleting the seme, it shall he lawful fer any register to correct or erase anv error niiide in writing the
same, or to make any necessary addition tneretOj either in the body of such registry, or in the margin
of the page wherein such error may occur, signwg hit initials in the maigin lo each such maninal
correction, and noticing at tlie foot of the Act of Rei^stration, the numb« of words erased, ana of
marginal additions or coirectiuns. *
LV. And be it furtlicr vnacled. That it shall not be lawfbl for an^ court whatever to direct to be
■sade, or any register to mai:e, any erasure or ebliteration in any registry book, after any registration
shall be completed, but in all cases in which any fiilse or fraudulent retfittmiion shall hare bteen made,
ai)d in all cases in which it shall at any lime appear that any deftdive or imperfect entry has been
made in any registry appointed by this Act tn be k^, whether ant such defect or imperiectran shall
conaist of a misdescription of the pranertr. or of the amount of cSarge, or of the parties concerned
in the matter to which such entry shaA relate, or of an insufficient deacription of any of the aboet.-, or
' of a nntter of dale or of einy inacciimcy whatsoever, or whenever any Judgmmt or instrument, whe/eon
any charge or incumbrance may reel or depend, shall have been vacated, or shall be otherwiae invalid
or null, it shall and may be hiwful for the regiuer, or for any party interested hi such registration,
or who might be aflrcfed thereby, to move the Court of Queen's Bench, or the IVovincial Court of
the district within which such registry office shall be situated, or to a judge thereof in vacation, upon
aflidavit, setting forth all essential particuhws, and annexing a certified copy of the enirv in queaaon,
to annul or rectify the same, as the cue may reouire. And it shall anil mav be lawAil for the said
court or judge, upon sudi application as aforrsaiil, lo take cMnixance of such matters, and the said
court or Judge smil have full power and jurisdiction upon sumuent cause shewn, to call before it or
him by rule to appear and shew cause, u\ such parties and witnesses as to the said court or Judge
than Mppear to be miercsied in such registration, or ia the determination of such case, or able Iq con-
tribute to the du^idatwn of such matter, examinii^ the said parties, or any of them, and such wit-
nmfH, either upon affidavit or viti voce in open court, or by both or either of such means, aa to the
said court or Judge shall appear advisable, and to determine the same in a lummary way. And it
shall apd may be lawiiil for toe said court or Jud|e, on any such application, to order that any roister
shall forward to the said court, certified under his signature and seal of office, an exact copy or anv
entry or entries in the books of his office. And the said court or judge shall have power, and is
ksmy authoriaed in all eases of such applications, in which it shall fiuly appear to the salisfisction of
Tba coart on aaah ap-
pbeaiiau aay awani
CUM*.
, V.atlandanee of (he
regittrr oitli hiitoolu
in any court »bat1 be
abaoluleiy orceuary,
the provincial regi»icr
■ay order the icgiury
book, rcquiied lo be
elotert on the day of
hit att», Itiai whenever anv such
judgment or order may be given by a sin^^le judge in the vacation, nuch judgment or Order sliall be
open lo an appeal to the foil court, witliiu oiie calendar month from Ihe date of such judgment or
order, by entering the same with the prothonotary of such court.
LVI. And be it further enacted, That on any such application or action as hereinbefore pro-
vided it shall and may be lawful for the said court to award to either party such costs as may be
thought just and proper by such court, to be paid by that patty whoae falsehood or fraud, error or
neglect, uiall have occasioned such suit or proceecbngs, or againat any party bringing any suit or
proceeding without Just or sufficieot cause.
LVIL And be it further enacted, That if for the atuinment of the ends of justice it shall appear
oecesaary to the court wherein any cause or proceedinj^ ma^ be pending in this province to require
the attenilance of any register or deputy>register with his original books ■
■i-'
'i.
» ^*
'^^
BRITISH NORTH AMERICA.
•II
AppM4lx(E.)
And b« it nirthcr enacted, That no county regUter ihall be liable to any puniahment fbr not Nn eouni; rrghin la
aa a witneaa in any civil court of juiiice in thw province relating to any oMtter ariiing out ^ coBMilrd to itif n
lected with the buiincM of hi* offlce "f register, unlcw previously to his iMving his said ,7 .'illvJdMir.Thk
■tifiid
Klming
Um laal Mge of such books ao doaad, fa — e di ataly under tbo last ontry thiwlB, and tt iho
I or such now books which may bo thereupon opened, bafiiro any othor entry shall bo
I tlietain, together with a memorandum of the name and date of the last registration of such
books so closed i and no other entry whatever shall at any time after be made in any of such books
ao olosod, save and except such correctional entries as asay bo mode under and in pursuance of tho
piovisioM of this Ordinance.
LVin.
attending as i
ofor connected I
oflce there shall be tendered and oifcred to him the aniount of his expenses of travelling, H the rate uAo, tirepi on fj.
of one shilling per mile, going and returning fram the place of his uiBce to the place where the MinofhittipcuNof
court is to be tield, and unless tho party requiring his attendance shall undertake to pay to such ""«>>■■>( •* »■ iM-
register the sum of ten shillings currency for each my or portion of a day diving which, travelliag at ""*' <""*°*7 1"' **J
the rate of 30 miles a day, he may be necessarily absent from tlio duties of iiis said office.
LIX. And be it Anther enacted. That in all cases wherein the original minute or entry, or any docu- When rcfiitrjiiookiw
inents, instruments or papers which may have been filed with any of such county rasters, or any *niriri ■•*; be dniroy-
minnle or entry in the office of the provincial register, nhall have been destroyed by fire or other jlj?,^ *! "tililllJL
unavoidable accident, or shall bo in a sute of great decay, it shall be lawAil for the provincial register tnm^atmpaJZ
to direct fi'esh registries to be made out from the entr » remaining in his office or m tho office of tho tMiin itMittbii in iba
county register, » the same may be ; or if any original Judgment, act, deed or instrument fiom which '^•■'5 «*<«• ->*
the copy destroyed was uken shall be in existence, from such original Judgment, act, deed or inatni- VV^ *!|n**T"'''^
ment, in new books of registry, so far as such remaining entries or originid documents ma^ enable the ji, * "^,\j|ho^ tj;
aame to bo done; and such new books (>f registry shall rtnain in the office of such regisMr or pro* arrcasnl.
viacial register, in lieu of the books so destroyed, or together with such books in such state of decay,
and iball bo taken and received in all courts and places as primdfttcit evidenoe of the conteats of
such former books ; and it shall be the duty of every register or provincial register in whose offieo
auch books or entries may be destroyed or decayed to make and perfect all such new entries and
books of registry tu the best and utmost of hi* power; and for that purpose to make all necessary
searches and to pnicure all such documents as may be necessary or useful and procurable without
any fee, remuneration or reward to be therefore paid such register. m ^ _ |^^ '
LX. And bb it further enacted. That when any oath is required by this Ordinance to be ti&eii, Oiitt to bs t«lni la
the same may be administered in that form which the party to take the same may declare to be most *'" *'"" *^''*'' **"
binding on his conscience ; and any Quaker or other person who may _
Upon reli|rfous scruples, to take an oath, shall be permitted to make a solemn affirmation in lieu
(hereof: novidcd neverthelcM, and be it fUrthcr enacted. That when any person taking any oath
cither on the Holy Evanselifts or in any other form, or making solemn affirmation in lieu thereof,
wider this Ccdlnance, shall knowingly and wilfully make any false statement therein, with intent to
Injure or deflraud any person whatever, eveiy person making such false oath or affirmation diall bo ** P*^)"''
taken to be guilty of wilful and corrupt perjury, and being thereof convicted, shall be liable to suffer
the same pains and penalties which now are by law inflicted on persons guilty of wiWil and corrupt
Derjoiy.
Mirfiag
on hit cooKincc.
()aak«n, fcc bv tCr-
■utkm, Filieoaihtor
■flnnMioa pwiUMbk
Fniying orc«anlCTfcil>
iniMj Act, &r., not
oimrwiM piotideii let.
LXl. And be it further enacted, by and with the authority aforesaid. That if any person or persona
ahall at any tiase fraudulently forge or counterfeit any act, deed, instrument, or paper, whatsoever,
or any copy, abstract, minute or entry which shall or may at any time hereatler be filed or registered . . .
or be presented for thut purpose with or to any of the registers to be appointed under or by virtue J^iv^f'dAdT '
of thia Ordinance, for which no other punishment u provided by this Ordinance, such person or
persons upon beiiw diereof lawfully convicted, shall incur and be liable to such pains and penalties,
as by the lawa of this province are no* imposed upon persons tor forging and publishing ialse
deeds, charters, writings and wills.
LXII. And be '* iurther enacted. That all oflences against this Ordinance may and shall be pn>- All offmcmifihiti ihb
(ocuted, and al! penalties for any offence or omission of every duty under this Act for which no Ordimncetob«pnm>
«th«r remedy is provided, may and shall be sued for in Her Majesty's Court of Queen's Bench in "'iJ?;'"^ jUiTib."**
the district where such offisnce, or wherein any portion thereof may have been committed, or wheieia Qy(en>, Bcuch.
such omission of duty may have occurred, and all pecuniary penalties which may not be otherwise
disposed of by this Ordinance, shall go one-half to the person who shall sue fur the same and tltt ,Qtlm
^ baiff to Her Majesty, loirc^ <
LXIIL And be it Inrtlicr enacted, That this Ordinance shall have come into operatlM, bn Oidhwnce to conw Into
tlie day of and that every person seeking to avail himself of opcnilou on <'9
the benefit of this Ordinance and to register his title, or to preserve the priority of any alienation, ^..-j., jf^iJJSm""
claim, charge or incumbrance, then existing, rehitinK fo any immoveables in this province, shall and JJ' ^.^ » be lii ■!«•*•
may cause the sane to be registered in manner herein provided within the several times following, („, prrwn mMini w
that is to say : every such |ierson who, at the time when this Ordinance shall come into operation Mmth Amiie*, and to
shall reside in or cnmc into any part of the continent or islands of North America, shall cause such nontht in ■■■} oihrr
registry to be made within the space of six calendar months, and if such person shall renide in ao;r JT^ttilil'n'tob* mH.
ot£cr part of the world within 10 calendar months, next aAer the comin|[ into operation of this i„Vpusw and diMiiai
Ordinuncei and in default hereof every such alienation, claim, char^ or incumbrance, shall only botki.
rank in priority from the period of its being registered in manner herem provided (subject ncverdie-
Icss to the proviso hereinbefore contained, as to charges and incumbrances having special privi.
lege), and shall be idisoluiely nuH and void «s against subsequent btmajide purchasers, or incum-
brancer for • valuable consideration ; but, if registered within such period as aforesaid, every
alienation, claim, «hai^ or incumbrance which may be in existence at the time of thia Ordinance
coming into i^ieration, shtjl take eiicct and have pn. /ity from the date of its actual coaunenco-
ment, in the same manner aa it would have done in case this Ordinance had not been paased :
and until the expiration of such six months, every register shall cause all entries relating to any
auch title, alienation, claim, charge or incumbranie whereto any person may be entitled at the time
of this. Ordinance coming into operation to be made in a separate and dutinct set of btMksto be
provided by the provincial register aa other books of regittiy under this Urtlinance, which books
303. « K 3 ^^
3 1'" '»'-*^
tu
APPENDIX TO REPORT ON THE AFFAIRS OF
ApiKixlix (E.)
B»(laimiob*il
kbtft; la rxjilra appU-
cult la i*lrr dvublful
oawi uf ciiallim cUliai
lur inch i^iiliirMilun to
Ihr Court <>l (jur* n'l
BriM'ht mho khsll Iwvu
puwrr tu tuiw • nMn-
i1«le to thv rrgtilrr to
■Hnitt or r»jsue a decree or mandate tliereu|ion directory to such register
to admit or reject such claim to registration ; and such cliiini, when admitteil, shall have and take
effect from the time when such claim tu registration was received: Provided nevertheless. That oil
coses whatsoever of registration detenr/iied by such courts shall be open and subject to the like
ap|>enls and on the same terms, rules and conditions as are now by law applicable to other cases
determined by such courts, save and except as in and tiy this Ordinance otherwise expressly provided.
^'••Jj''^'''* P»1»»" LXV. And whereas it It inexpedient at present to moke further alteration in the tyttcm of regittry
Mi'wd.mTMoM"' '**''5'' """ P"!**'* by law in the inferior district of Gotpe, thon to secure uniformity of
county, and pruihoiio- ''egistry througliout the province, be it therefore further enacted. That for the purposes of this
laijr to continue rr- OriUnance, the sold inferior district of Oaspi-, consisting of the two counties of Gaspv and Bonaven-
fUiin. All profUitini fjie, siiall be deeniitl and ttikcn to be but one county, on«^ that tits pruthonotary of the provincial
court fur the said infeiior district of (iaspv, for the time being, shall he and continue the registrar or
register for the said two counties of Oiispv and Donoventure, and tluUI execute the office of such
registrar or r ;ister, ol hit office nf prollionotary of the said court, und that the tcveral rules,
regulaticnt , enactments and provisiont of this Ordinance fhull be token and held to apply in all
things to tuch prollionotary, so far at the execution uf hit duties as tuch registrar or register
may extend, in the same manner at to any tuch county regittert appointed at hereinbefore pro-
vided.
LXVI. And be it ftirther enacted, That ao much of an act of the legislature of this pro\ icc
patted in the fouithyearol the reigu of his late Majeoty George the Fourth, intitutled, "An Act
to render valid certain Acti, Agreementt in Wrilinr. and Contracts of Marriage {Cuntrnct dc Maringe
totu teing privS) heretofore executed in the inferior District of lias|)e, and to provide fur the want
of Notaries in the taid inferior District," as enacts tliut the prothonotary of the court of the said
inferior district lor enrolling every will, act, or agreement in writing, inventorv, portage, dona-
tion, contact of marriage {coMlract de maringe loiu teing jirivf) if the some do not exceed one
hundred words, shall be entitled to demand and receive the sum of two shillings and sixpence
currency, and for every hundred words exceeding one hundred words, at the rate of sixpence
currency : and fur eveiy certified copy of ony entry from such book or register, «t the rate of one
shilling currency for the first hundred words, and six pence currency for every hundred wordn
exceeding the first hundred wurdt, and which taid Act was further continued by an Ordinance
of the ipccial council of this province, made and passed in first year of the reign of Her present
Mojetty, in itulcd, ■< An Onlinnnce to continue certain Acts of tlie Legislature of tliis Province, re-
lating to the establishment of itcgittry Offices." until the first day uf November, 184'i, tlioll continue
in force, and it hereby continued in force during the continuance of this Ordinance.
I.XMI. And be it further enni-ted, That the registry l>ooks by this Ordinance directed to be kept
by county n-gisters, and which shall be kept under the authority hereol by the prothniiutury of the
toid court of the inferior district of (iu*|i^-, as such registrar or register, shall be taken and held tu
be such book and register, as in and by the said Act of the fourth year of the reign of his said Majesty,
King George the Fourth, is directed to be kept by such prothonotary, and that all certificates which
the said prothonotary may give under his hand and seal of office us such register uf Guspu, shall
be held and token to be, a.id shall be re<.'eived in all courts of law, and hove the like force and
effect, OS the certificates heretofore given under the taid Act of the fourth year of the reign of his
toid Majesty, King George tlie F<>urtli.
l.XV'111. And be it further cnacteil. That to much of the said Act patted in the fourth year of the
reign of his said Majesty, King iieorge the Fourth, at it not hereby expiessly continued, ihall be,
and the same is hereby sus)iended and repealed during tiic contiuuiuice of this Ordinance, from and
al\er ilie day of this Onlinonce coming into operation.
LXIX. And be it further enacted. That to much of an act nf the legislature of this province,
passed in the tenth and eleventh years of the reign of his lute Majesty, King George the Fourth,
intituled, " An Act to estublish Itegislry Office* in the Counties of Drummond, 8herbronke, Mans-
tead, ^hcfTord, and Mitsiskoui," as pruvides that every registrar appointed under the said Act, as
often at he shall be required, shall . make search of oil acts, decdt or instruments in writing,
enregistered in the offices established under the taid Act, and give certiftcotet to any person re-
spectiiig the tame, under his hand if required, and that every such registrar shall be entitled to
demand and receive forthwith, for the entry and registration of any tuch act, deed or intlrument in
writing, tlic turn of two sliiliingt currency, and no more, provided the tame does not contain
over
hcrctii lu »\i\<\y 10 biui
ill lib cbwacuruf
ngutnr.
Coiilinaing pail of Act
4 lico. «, r. I».
Th« boolis of rrff iilry
k*fit undrr ihisOfdl-
iiaiiic 10 t>c taken tu tie
the Iwoks, and register
and tlie certificalef
«ltlch nmy be ^iten by
tlx' pruthuitoiary as
such re^Ulrar. accord-
iiiH to thiiOrdiimnce, tu
b<- caiisi(*rred as the
cinlficaiesilirrcted
midcr 4 Geo. 4. c. 15.
So mucbof wid
4 (ieo. 4. c. I.'i, at it
iMii hereby eipreitly
cuniiiiut-d, ftuspeiided
and lepealrd.
1081 11 Gm.4, c. 8.
1.13; 1 Will. 4, c. .1,
and 4 Will. 4., as lai as
eiiending 10 & 1 1
(jru. 4, c. 8, s.lS, tu
uther counties, cou-
tlnucd. and the re*
maindrr of such Acts
and* Will. 4. c. 7,
rrfiealrd ami ,ii,|irnd.
ci (luriug the con-
BRITISH NORTH AMKRIt'A.
« »
lU liiiiiilrvtl worila, and llmt if (licrv b« more ilian til hundrtd word«« llm and in that i,vmmM"* *^^*^
ihert tliall Imi allowed a luni nut excevdinu lixpence for every hundred wv*n with • certiflcale lliercof, the Mid rcgiiiror,
or hii deputy or clerk, ihall be entitled to demand and receive one tliilling currency for every
March and cartiticale, and no more ; and that for cvvry eertiflcale of reginry, the laid reglMror,
hi* deputy or clerk, ihall be entitled to demand and receive one thilllng currency, o^d no ntore i
and no much nf a.-x Art of the legiilaturr of thia pnivinre iwHed in llw Hr»t year of the reign
of hii Inte Majesty King M/illiam thu Fourth, intituled, " Au Act to amend on Act paiied hi
the eleventh year oi the reign of hii lata Majesty, iniiiulvd, * An Act to ettablieh Regiatty OAcaa
in the ('ounlicA of Jrummond, Hherbrooxu, 8luriiilead, ShelTord and Miisiakoui, and to extend tb*
Provifi.in* of the Mid Act,'" ae extendi the wid provision of the Act patted in the tenth aiul
eleventh yean of ti.e reign of hla said Majesty King Cleorge the Fourth, hereinbefore recited, to
the countiet of Ottawa, Beauharmiis and Megontic— and so much of an Act of the legislaiui* of
this province passed in the fourth yeur of the reign of his lalo Majesty King William the Fourth,
intituled, •< An Act to extend the Provisions of the Act to oitablisb He|tistry Offices in the CouniJei
of Urummond, Hherbrooke, Stanstcail, Sheiibrd and MiMisuuoi, to Lanot held in free and common
SucciiKe in the Counties of the Two Mountains and Acadie' at extends tile Mid Provision of the Act
of the tenth and eleventh years of the reign of his wid Aiujesty King George the Fourth, hereinbefore
reeilod, to the counties o< Two Atountuiiis and Acudie, shall be and the Mme are hereby extended
and continued duriuK the cnnliniiance of iliis (Jrilinunce, and the several registers of the suld several
counties of Urummond, ^herbrooke, Sunste4il, Shelford, Missiskuui, Ottawa, Beauhar'iois, Meganlic,
Two Mountains and Acudie, who may be appointed under this Ordinanije, shall continue to have
and enjoy all such fees anil emolumentt as are >anctiuned and autlM)riied by such several Acii. And
be it further enacted. That the whole of the rest of the Mid teveral Acts of the tenth and eleventh
Vrnrsof the reipi of his said Majesty Kiiig(Jeorge the Fourth, the first year of the reiun of his Mid
ftlajesiy King William the Fourth, and the fourth year of the reign of his tuid Majesty King
William the I'ourth, and also an Act of the legislature of this province paused in the second year of
the reign of his said late Majesty King William the Fourth, intituled, "An Act to extend the Period
limited by . other punishment bcini; expressly imposed by this Ordinance for such offence,
then such register shall forfeit his said oflice, unr8ons thut may or shall be injured thereby, to be ri covered from the said register or Ins
deputy or clerk, jointly or severally, l>y action in any of Her Majesty's superior courts in this
province.
LXXII. And be it further enacted, 1 hat whenever the term " immoveables " may be made uie
of in this Ordinance, it shall he taken and held to ineun not only hinds, houses nnd tenements,
accnnling to the existing laws of this province, and according tu the laws uf Kngland, but shall
also be taken and held to mean ond shall comprise all immoveables and leases of immovcablet for a
term exceeding three years, and cliattel interests issuing irom or consisting in the enjoyment of any
immoveublcs.
LXX 1 1 1. And l)c it further enacted. That whenever the terms " charge or incumbrance" may be Meaning of ili» term
made use of in this Ordinance, the snme shall be taken and held to include all privileges, hypolhiques, '' c'ln'ge w incnni-
lerviludrs lalenles, usufructs, tiibslitulioni and reiilesjimcihrs, in such parts of this province as may '"'"*»•
or shall be held enfef, or in en rolure ; and in such paru of the said province as may or ahull be
held in free and coininon socciige or other English tenure, the suid terra shall be taken and held to
mean every des(f Iption of mortgage, lien or other charge or incumbrance to which lands in free and
common soccage can or muy i>e subject.
LXXIV. And be it further enacted, Tliat whenever this Ordinance in treating of any person or Wurd. awdtn the iln-
party, or bo mesa King's Bcncti.
province usually designated as tlie Courts of King's B^nch.
LXXVI. And be it further enacted. That this Ordinance shall be taken and deemed a public Act, Ordinance to b« a pul>.
and shall be ti^en notice of as such in every court in this province without being specially pleaded, lie Act.
Wherallie papertofa
notary ate depokhed
Willi the prutliuiiuisrjr,
all SCI* to |j« flour and
cerliticatrft given re-
lating In luih pnperi by
ilie proilionoluiy.
Penalty on rc|ii>ler or
lib deputy ur cliik lur
■leglccl ol duly.
Mrantng of tin ti rit of
'* Immoveables.*'
plural number, &c.
30i-
£ E 4
FORM
^f^mm
w
^H
•M
APPENDIX I BimiH NOtn AMBMGA.
A;«w41k (&) rORM tf DMMMtiM nqikU hf
tfftvba
MawWAei.
I. cr wt. If wow til— WW,) A. B. 4« Mwfcy tlwpi»«
tWo M ofrtwOrtiMiiw to ihM««MW«J»»«4p w »M i 4«M >!»■»■/ 1* •wr)ri|lit, d ti % iM»hiai«t^
clMrgtar iaeiMiknMW*, itpM— (tiM« dUwribt tka prpparty bjr Mi mmm Md maliliMi and lUM llw
MMM or iMM«a( iIm awMT or npiNad owarr and oeeHpi*r)--«lwrMf tlw pirtkwiw* ta 4^
■aribad fcf w atoliatl aa,ha»al>aaatliladydali»atadtetiwn|ialarfcrtlwea— ty af
at(tiwalaeai^Mralbaoaeaitdt«aia.) k
AadIdelwwbyialiwBlydtclawttlMt«iali>%l<. cl a>m,» e ..Ma l brMald,l»■ kanby laqalnd HK
MiHialaNd.
Am I (ar wa)doftMbar aa l a m aly daalaw, that Midi rMM,^laini, Ac, wbieh I (arwa)da hanbgr
lafaba la ha«a raglt l wa d , W a dw l m d la ba Jati aad inia (ar daaiad lo ba tail or iraa) by B. F» liw
p waaa fai pniiiiilia af tba p ra pty akiaiaM, ia mpaat whanaf aaob lagMrallaa ia liafaby ra^piM,
ll(arwa)daflirthar daolMv. that I lar wo) alaoi (hara MalalhanaaM oribapanaa,aiid 4a>
tba plaaa aad ikiMliaM af tba imMam, oiea, ar iababilad biiildiM - • ■ •
Ktiba
■al by paal at gibiwlai J aa my (ar aur) daaildla fcr Iba
to wbkb laitara awy ht
raipiirafby tba raid Of iMaMin.
AqraT
To tha mlitaf, #r
(ligaad) A.B.
af figinir Ibr Aa (eowity ar aabdivWaa) at
j^'
■PMPiPPi
,#»■