Address at the Bar of the Legislative Assembly of Canada: Delivered on the 11th and 14th March, 1853, on Behalf of Certain Proprietors of Seigniories in Lower Canada, Against the Second Reading of the Bill Intituled: "An Act to Define Seigniorial Rights in Lower Canada, and to Facilitate the Redemption Thereof."Printed at the Canada Gazette Office, 1853 - 109 pages |
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Common terms and phrases
Acadie appellations du juge April April 27 arpent Arrêts of Marly aucuns se trouvent Augn basse justice battures Beauharnois bois de chesne Canada cens Censitaire censive charge chateau St clauses Compagnie concédé concession conditions of Grant construction des vaisseaux country Crown d'icelle deed estendue fact feu et lieu fief et seigneurie first fleuve St found foy et hommage Frontenac Governor and Intendant GRANTOR AND GRANTEE held His Majesty hommage au chateau isles et islets Jean de Lauzon Judge Judgment KING l'estendue land lieues de front lieues de profondeur lieues de terre lods et ventes Longueuil Louis de Québec made make matter minières ou minéraux moyenne et basse pesche pigny property proprietors rate ratifying read recital of petition REFERENCE REMARKS right rivière Same Seignior Seigniorial States take tenir feu terms of Grant terre de front time title titre de fief traitte words years
Popular passages
Page 108 - And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void ; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void ; and therefore in 8 E 330 ab Thomas Tregor's case on the statutes of W.
Page 65 - Esquire, Captain in the 78th Regiment of Foot, unto His Majesty, I do hereby give, grant, and concede unto the said Captain John Nairne, his heirs, executors, and administrators for ever, all that extent of land lying on the north side of the river St. Lawrence from the Cap aux Oyes, limit of the parish of Eboulemens, to the south side of the river of Malbaie, and for three leagues back...
Page 49 - Upon the same principle many owners of seigniories, Canadians as well as Englishmen, have made grants of uncleared land upon their seigniories for higher quit-rents than they were allowed to take in the time of the French government, without regard to a rule or custom that was in force at the time of the conquest, that restrains them in this particular. And as the seigniors transgress the French laws in this respect, upon a supposition that they are abolished or superseded by the...
Page 96 - Act, any opposition afin de charge be made hereafter for the preservation of any of the rights, charges, conditions or reservations mentioned in the next preceding section of this Act, such opposition shall not have the effect of staying the sale, and the Opposant shall not be entitled to any costs thereon, but it shall be returned into Court by the Sheriff after the sale, to be dealt with as to law may appertain.
Page 49 - ... them in other instances upon the same supposition. For example, there was a law made by the French king concerning the lands of this province,1 ordaining, that no man should build a new dwelling-house in the country (that is, out of the towns and villages) without having sixty French arpents, or about fifty English acres, of land adjoining to it, and that, if, upon the death of a freeholder and the partition of his lands amongst his sons, the share of each son came to less than the said sixty...
Page 67 - Paroisse,") of Montreal ; the Mission of the Lake of the Two Mountains, for the instruction and spiritual care of the Algonquin and Iroquois Indians ; the support of the...
Page 68 - Orphans ; the the sufficient support and maintenance of the Members of the Corporation, its officers and servants ; and the support of such other religious, charitable and educational institutions as may from time to time...
Page 49 - ... and the children of the freeholders all over the province settle upon their little portions of their father's land, of thirty, or twenty, and sometimes only ten acres, and build little huts upon them, as if no such law had ever been known here : and when they are reminded of it by their seigniors, and exhorted to take and clear new tracts of land, they reply that they understand that By the English law every man...
Page 65 - Majesty's pleasure is further known, for and in consideration of the possessor's paying liege homage to His Majesty, his heirs and successors, at his Castle of St. Lewis in Quebec on each mutation of property, and, by way of acknowledgment, a piece of gold of the value of ten shillings, with one year's rent of the domain reserved, as customary in this country, together with the woods and rivers, or other appurtenances within the said extent, right of fishing or fowling on the same therein included...
Page 49 - ... upon the death of a freeholder and the partition of his lands amongst his sons, the share of each son came to less than the said sixty arpents of land, the whole was to be sold, and the money produced by the sale divided amongst the children. This was intended to prevent the children from settling themselves in a supine and indolent manner upon their little portions of land, which were not sufficient to maintain them, and to oblige them to set about clearing new lands (of which they had a right...