The Labrador Boundary


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3 Geo. 4. c. 119.

Persons holding fiefs or seigniories in Lower Canada, in which lands have been granted à titre de fief, &c. may, on application to his Majesty, and on surrender of the lands not so granted, obtain a commutation and release of the feudal burthens due to his Majesty in respect of such fief or seigniory;

and the surrendered lands may be regranted to the proprietor in free and common soccage.

Feudal and seigniorial rights of the proprietor over the parts of such seigniory granted by him à titre de fief, &c., not to be affected until a commutation thereof shall be obtained as hereinafter provided.

Persons holding lands in fief, and obtaining a commutation as aforesaid, shall be bound, if required, to grant the like commutation to those holding lands under them à titre de fief, &c.;

for such price or indemnity as shall be fixed by experts.

Seigniors or others refusing to grant such commutation may be imleaded in a court of law, and on payment of the commutation money into court, the court may allow the benefit of the commutation to the party so paying the same.

When such commutation has been voluntarily agreen upon, or awarded by a court of law, all feudal rights and burthens upon the lands for which the same shall be granted shall cease;

and the tenure shall be converted to free and common soccage.

Nothing herein contained to extend to discharge arrears of any rights due.

Persons applying for such commutation to give public notice, calling on mortgagees and others having claims on such lands to signify their assent or dissent.

Commutation not to be allowed till assent obtained, or claims of dissentients discarged or disallowed.


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JOINT

No. 34.

THE BRITISH NORTH AMERICA (SEIGNIORIAL     RIGHTS) ACT 1825 (IMPERIAL) ACT, 6 GEORGE IV.,     C. 59, 1825 (IMPERIAL.)

An Act to provide for the Extinction of Feudal and Seignioral Rights     and Burthens on Lands held à Titre de Fief and à Titre de Cens,     in the Province of Lower Canada; and for the gradual Conversion     of those Tenures into the Tenure of Free and Common Soccage;     and for other Purposes relating to the said Province.

WHEREAS in and by an Act passed in the third year of his Majesty's reign, intituled "An Act to regulate the trade of the provinces of Lower and Upper Canada, and for other purposes relating to the said provinces," certain provisions were made for a charge of the tenure of lands held in fief and seigniory, and also for the change of the tenure of lands held at cens et rentes, in the censive of his Majesty, in the provinces of Lower and Upper Canada: And whereas the said provisions, in so far as they relate to the change of tenure of lands in fief and seigniory, cannot, in the said province of Lower Canada, recieve execution where such lands or part thereof have, under grants of the seigniors, become the property of persons who hold the same à titre de fief, in arriere fief, or à titre de cens; and further provision in this behalf is necessary: Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and authority of the same, that whenever any person or persons, holding of his Majesty as proprietor or proprietors any fief or siegniory in the said province of Lower Canada, and having legally the power of alienating the same, in which fief or seigniory lands have been granted and are held à titre de fief, in arriere fief, or à titre de cens, shall by petition to the King, through the governor, lieutenant governor, or person administering the governor of the said province, apply for a communication of and release from the droit de quint, the droit de relief, or other feudal burthens due to his Majesty on such fief or seigniory, and shall surrender into the hands of his Majesty, his heirs or successors, all such parts and parcels of such fief or seigniory as shall remain and be in his possession ungranted, and shall not be held as aforesaid à titre de fief, in arriere fief, or à titre de cens, it shall and may be lawful for his Majesty, or for such governor, lieutenant governor, or person administering the government as afroresaid, in pursuance of his Majesty's instructions transmitted through one of his principal secretaries of state, by and with the advice of the executive council of the said province, to commute the droit de quint, the

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droit de relief, and all other feudal rights and burthens due to his Majesty upon or in respect of such fief or seigniory, for such sum of money or consideration, and upon such terms and conditions, as to his Majesty, or to such governor, lieutenant governor, or person administering the government as aforesaid, in pursuance of such instructions, and by and with such advice as aforesaid, shall appear meet and expedient; and thereupon to release the person or persons so applying, his, her, and their heirs and assigns, and all and every the lands comprized in such fief or seigniory, from the said droit de quint, droit de relief, and all other feudal burthens due or to grow due thereupon to his Majesty, his heirs or successors, of whatsoever nature or kind, for ever; and to cause a fresh grant to be made to the person or persons so applying, of all such parts and parcels of such fief or seigniory as shall as aforesaid remain and be in his, her, or their possession ungranted, and which shall not be held à titre de fief, in arriere fief as aforesaid, or à titre de cens, to be thenceforward holden in free and common soccage, in like manner as lands are now holden in free and common soccage in that part of Great Britain called England, without its being necessary for the validity of such grant that any allotment or appropriation of lands for the support and maintenance of a protestant clergy should be therein made; any law or statute to the contrary thereof notwithstanding.

    II. Provided always, and be it further enacted, that where such fresh grant as aforesaid shall be made, nothing in this Act contained shall extend or be construed to extend to take away, diminish, alter, or in any manner or way affect the feudal, seigniorial, or other rights of the seignior or person in whose favour such grant shall be made, upon and in respect of all and every the lands held of him à titre de cens or à titre de fief, in arriere fief as aforesaid, making part of his, her, or their fief or seigniory, on which a commutation of the droit de quint or droit de relief shall have been obtained, as aforesaid; but that all and every such feudal, seigniorial, and other rights shall continue and remain in full force upon and in respect of such lands so held à titre de fief, in arriere fief as aforesaid, or à titre de cens, and the proprietors and holders of the same, as if such commutation or grant had not been made, until a commutation, release, and extinguishment thereof shall have been obtained in the manner herein-after mentioned.

    III. And be it further enacted, that in all cases where any seignior or seigniors, or person or persons, holding lands à titre de fief in the said province of Lower Canada shall, by reason or means of a commutation with his Majesty, or of a surrender of his, her, or their fief or seigniory, or any part thereof to his Majesty, or by reason or means of a commutation with his or their immediate superior lord or seignior, or otherwise howsoever, have obtained or shall or may hereafter obtain, for himself, herself, or themselves, his, her, or their heirs or assigns, from his Majesty, or from the governor, lieutenant governor, or person administering the government of the said province of Lower Canada, or from his, her, or their immediate superior lord or seignior, a release from and extinguishment of the droit de quint, or droit

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de relief, due and payable by him, her, or them, his, her, or their heirs and assigns, for or in respect of lands so held à titre de fief, such seignior or seigniors, person or persons aforesaid, his, her, and their heirs and assigns, shall be held and bound, when thereunto required by any of his, her, or their censitaires, or the persons who now hold or hereafter may hold the said lands, or any of them, or any part thereof, à titre de fief, in arriere fief as aforesaid, à titre de cens, to consent to, grant, and allow to and in favour of such censitaire or other person or persons as aforesaid requiring the same, a commutation, release, and extinguishment of and from the droit de quint and droit de relief, or droit de lods et ventes, as the case may be, and all other feudal and seigniorial rights and burthens to which such censitaire or other person or persons, his or their heirs and assigns, and his and their lands so held by him or them, may be subject or liable, to such seignior or seigniors, person or persons aforesaid, his, her, or their heirs and assigns, for a just and reasonable price, indemnity, or consideration, to be paid for the same, which price, indemnity, or consideration, in case the parties concerned therein shall differ respecting the same, shall be ascertained and fixed by experts, to be in that behalf nominated and appointed, according to the due course of law in the said province of Lower Canada, regard being had to the value of the said lands so held à titre de cens or à titre de fief, in arriere fief as aforesaid.

    IV. And be it further enacted, that if any such seignior or seigniors, person or persons, holding lands à titre de fief, who shall so as aforesaid have obtained a release of and from the droit de quint, or droit de relief, shall, when there unto required by any person or persons holding any of the said lands à titre de fief, in arriere fief, or by any censitaire or censitaires holding any of the said lands à titre de cens as aforesaid, upon the payment or lawful tender of the price, indemnity, or consideration in that behalf herein-before provided, refuse or neglect to consent to grant and allow to and in favour of such person or persons holding such lands à titre de fief, in arriere fief as aforesaid, or of such censitaire or censitaires, a commutation, release, and extinguishment of the droit de quint and droit de relief, or of the droit de cens and droit de lods et ventes, as the case may be, and of all other feudal and seigniorial rights and burthens as aforesaid, or shall refuse or neglect to join in the nomination of experts, to ascertain and fix the price, indemnity, or consideration to be paid for such commutation, release, and extinguishment, or shall refuse or neglect to make and execute, to and in favour of such person or persons holding such lands à titre de fief, in arriere fief as aforesaid, or of such censitaire or censitaires, as the case may be, an instrument in writing, before two notaries, or a notary and two witnesses, containing such commutation, release, and extinguishment as aforesaid, it shall and may be lawful to and for such person or persons holding such lands à titre de fief, in arriere fief as aforesaid, or for such censitaire or censitaires, as the case may be, to implead such seignior or seigniors, person or persons as aforesaid, in any of his Majesty's courts of competent jurisdiction in the said province of Lower Canada, for the purpose of compelling him or them to accept the price, indem-

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nity, or consideration herein-before provided, to be ascertained and fixed as aforesaid, for the commutation, release, and extinguishment of the droit de quint and droit de relief, or droit de cens and droit de lods et ventes, as the case may be, and of all other feudal and seigniorial rights and burthens required and demanded by such censitaire or censitaires, or other person or persons as aforesaid, and to obtain the full and entire benefit of such commutation, release, extinguishment; and upon the payment or lawful tender and deposit of the price, indemnity, or consideration payable by such person or persons as aforesaid, or such censitaire or censitaires, in the hands of the prothonotary or clerk of such court, for the use of the said seignior or seigniors, person or persons, so impleaded as aforesaid, it shall and may be lawful for, the said court, and the said court is hereby required, by their judgment in that behalf, to award and adjudge to such person or persons as aforesaid, or to such censitaire or censitaires, the benefit of the said commutation, release, and extinguishment, for and in respect of the lands for which such payment or tender and deposit shall have been made, as fully and effectually, to all intents and purposes whatsoever, as if such commutation, release, and extinguishment had been voluntarily consented to be granted and allowed by the said seignior or seigniors, person or persons, so impleaded as aforesaid.

    V. And be it further enacted, that in all cases where such commutation, release, and extinguishment as aforesaid shall have been voluntarily agreed upon by and between any seignior or seigniors, person or persons, holding lands à titre de fief, who shall have obtained a release of the droit de quint, or droit de relief, as aforesaid, and his or their censitaire or censitaires, or other person or persons as of aforesaid, in and by any written agreement or instrument in writing, executed before two notaries, or a notary and two witnesses, and also in all cases where such commutation, release, and extinguishment shall have been declared, awarded, and adjudged by any court of competent jurisdiction, by their judgment in that behalf as aforesaid, in favour of any person or persons as aforesaid, or any censitaire or censitaires, against his, her, or their seignior or seigniors impleaded as aforesaid, all and every droit de quint and droit de relief, droit de cens, and droit de lods et ventes, and mutation fine of every description, droit de retrait, censuel and conventionel, droit de banalite, droit de corveé, and every feudal and seigniorial right and burthen whatsoever, upon or in respect of the lands for which such commutation, release, and extinguishment shall have been agreed upon, declared, awarded, or adjudged as aforesaid, shall, from and after the making of such agreement or instrument in writing, or the rendering of such judgment as aforesaid, be absolutely and for ever taken away, extinguished, and discharged, as well in respect of such censitaire and censitaires, or other person or persons as aforesaid, his, her, and their heirs and assigns, as in respect of the said lands; and the tenure of the said lands shall thenceforward be converted into free and common soccage and the said lands be held, and be taken and considered to be held, in free and common soccage, in like manner as lands are holden in free and common soccage in that part of Great Britain called

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England; any law, usage, or custom to the contrary in anywise notwithstanding.

    VI. Provided always, and be it further enacted, that nothing herein-before contained shall extend or be construed to extend to discharge any arrears of cens et rentes, or any lods et ventes, or other feudal or seigniorial rights or dues, that may have accrued before such commutation as aforesaid shall have been required by any censitaire or censitaires, or in anywise to destroy, alter, affect the recourse which the seignior or seigniors to whom such arrears, lods et ventes, or rights shall be due might lawfully have had or taken for the recovery of the same, if such commutation had not been made.

    VII. Provided nevertheless, and be it further enacted, that in all cases here such application for a commutation, release, and extinguishment of feudal or seigniorial rights, dues, or burthens shall be made in respect of lands held either immediately of the Crown, or as an arriere fief as aforesaid, public notice thereof shall be given by the person so applying, for the space of three calendar months, in the Quebec Gazette, published by authority, and in two other newspapers, published respectively in the cities of Quebec and Montreal, thereby calling on all persons who may have or claim to have any present or contingent right, interest, security, charge, or incumbrance, either by mortgage (hypotheque) general or special, express or implied, or under any other title, or by any other means whatsoever, in or upon the lands in respect of which such commutation, release, and extinguishment of feudal and seigniorial rights, dues, or burthens shall be so applied for, to signify in writing, within three calendar months from the date of such notification, their assent to or dissent from the surrender, re-grant, and change of tenure of such lands, and the commutation, release, and extinguishment of the feudal and seigniorial dues, rights, and burthens so applied for; which consent or dissent in writing shall, in case of an application made by petition to his Majesty, as herein-before mentioned, be lodged within the said last-mentioned period of three calendar months (and access shall be by all persons freely had thereto) in the office of the executive council of the said province; and in the case where such commutation, release, and extinguishment of feudal and seigniorial dues, rights, and burthens shall be required of a seignior, for and in respect of lands holden under him, à titre de fief, in arriere fief, such consent or dissent in writing shall be lodged within the said time (and access shall be by all persons freely had thereto) in the office of the prothonotary or clerk of the superior court of original jurisdiction holding civil pleas in the district where such lands shall be situate; and provided further, that no such surrender, re-grant, change of tenure, or commutation, release, and extinguishment of feudal and seigniorial dues, rights, and burthens, shall be good, valid, or effectual to any purpose whatsoever, unless such notification shall have been previously made, and the consent of all such persons having, holding, or claiming any right or interest, security, charge, or incumbrance in or upon the said lands, shall have been signified and deposited as aforesaid, or until the person applying for such commutation, release, or extinguishment or feudal or seigniorial dues, rights,

[1927lab]


 

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