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Sir John Caldwell, to all necessary intents and purposes of law whatsoever : Provided nevertheless, that the said seizure or any proceeding consequent thereupon, shall not lapse, abate, be discontinued, or in any manner affected, and the sale by virtue of the same shall not be delayed, postponed or prevented by the decease of him the said Antoine Archange Parent, or his removal from the office of Curator to the said vacant estate and succession; but that in case of such decease or removal, the seizure and sale shall proceed and continue, in like manner and to all intents aud purposes as if such decease or removal had not taken place, and the same shall be good and valid in law to all intents and purposes; any seizure of the said Fief and Seigniory made before the passing of this Act, or any other matter or thing to the contrary notwithstanding.

IV. And be it enacted, that it shall be lawful for the Governor of this Province, by and with the advice and consent of the Executive Council thereof, to cause the said Fief and Seigniory to be purchased and acquired for and in the name of Her Majesty, for the public uses of this Province, at any Sheriff's sale of the said Fief and Seigniory, whether such sale take place under and by virtue of such writ or writs to be issued as aforesaid, or under and by virtue of any writ of execution sued out or to be sued out, by any other Creditor of the said vacant estate and succession; and for the purpose of making such purchase and acquisition for and in the name of Her Majesty, as aforesaid, it shall be lawful for the Governor of this Province, by an instrument under his hand and seal, by and with the advice and consent of the said Executive Council, to appoint as Commissioners one or more persons, with power and authority to any one or more of them to attend any such sale of the said Fief and Seigniory, and to bid thereat for and in the name of Her Majesty, and to such amount as he or they shall be instructed and directed to bid by the Governor of this Province, by and with the advice and consent of the said Executive Council.

V. And be it enacted, that if at any such sale of the said Fief and Seigniory, any one or more of the said Commissioners be the highest bidder or bidders, the said Fief and Seigniory shall thereupon be adjudged to, and considered and deemed to be purchased and acquired for and in the name of Her Majesty, for the public uses of this Province, and the said Sheriff shall make to the said Court his return accordingly, and the property of the said Fief and Seigniory, shall by virtue of such adjudication and return, vest in Her Majesty, for the public uses of this Province; and in such case it shall not be necessary for the Governor of this Province, or for the said Commissioners or any of them, to pay over to the said Sheriff the amount of the purchase money, or to give security for the payment of the same.

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Proceedings if any other person be the highest bidder.

chase money.

VI. Provided always, that no person except one of the said Commissioners shall be deemed to be the highest bidder at such sale, unless he shall then and there forthwith pay to the said Sheriff the sum of one thousand pounds, currency, to be forfeited to Her Majesty and paid by the Sheriff to the Receiver General for the public uses of the Province, if the said Fief and Seigniory should be resold in the manner hereinafter mentioned in consequence of the folle enchère of such person, who shall nevertheless remain liable for any loss sustained by reason of his said folle enchère, as if no such sum as aforesaid had been paid and forfeited.

Time allowed for payment of VII. Provided also, and be it enacted, that if any person other than one of the said balance of pur- Commissioners shall be the highest bidder at such sale as aforesaid, such person shall have thirty days, of which the day of sale shall be reckoned as one, to pay the purchase money to the Sheriff; but if on or before the last of the said thirty days, such person shall not so pay the purchase money, then such person shall forfeit all right or claim founded on his bidding or biddings, and the adjudication made to him shall be null and void; and on the day (not being a Sunday or Holiday) which shall be next after the last of the said thirty days, the Sheriff shall without further notice put up the said Fief and Seigniory for sale to the highest bidder at his Office, in the City of Quebec, commencing the sale at ten of the clock in the morning of the day last aforesaid, but at such sale no person, except one of the said Commissioners, shall be deemed to be the highest bidder unless he shall then and there pay to the Sheriff the sum by him bid; and the adjudication made at such second sale shall be valid to all intents and purposes, and shall have the same effect as if made at the first sale, and the Sheriff shall make his return accordingly; any law, usage or custom to the contrary notwithstanding.

In case of

non-payment,

the sale to take

place de novo.

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Sheriff's al

VIII. And be it enacted, that if the said Fief and Seigniory be at any such sale adjudged to, and purchased and acquired for and in the name of Her Majesty, Her Heirs and Successors, the said Court shall upon the return of the said Sheriff, proceed in due course of law to hear, try and determine the several claims which shall and may be made upon the proceeds of such sale, and to give and render such Judgment of distribution as the case may require, of which judgment the Clerk or Prothonotary of the Court shall forthwith cause a true Copy to be transmitted to the Inspector General of Public Provincial Accounts, in order that a Warrant or Warrants may thereafter issue for the payment, to any person or persons who shall be collocated in and by the said judgment, of the sum or sums of money for which he or they shall be so collocated, out of any unappropriated monies in the hands of the Receiver General.

IX. And be it enacted, that upon any such sale of the said Fief and Seigniory, lowance on the the said Sheriff shall not be authorized to charge, over and above his disburse

sale.

ments,

ments, any Commission at the rate of two and a half per cent. as heretofore allowed, to be deducted out of the monies levied by such sale; any law to the contrary notwithstanding: but in such case, the said Sheriff shall be entitled only to charge, over and above all his disbursements, and in lieu of such Commission, a sum of twenty five pounds, currency, if the purchase of the said Fief and Seigniory be made for and in the name of Her Majesty, and a sum of one hundred pounds, currency, if such purchase be made by any other person or persons, and no more.

Other parts of the estate to

X. Provided always, and be it enacted, that nothing in this Act contained shall be construed to extend to any property belonging to the said vacant estate be sold in the and succession, other than the said Fief and Seigniory; and any such other usual manner. property may and shall be proceeded against, taken in execution and sold in the ordinary course of law, as if this Act had not been passed.

XI. And be it enacted, that the due application of any public monies paid under this Act, shall be accounted for to Her Majesty through the Lords Commissioners of Her Majesty's Treasury for the time being, in such manner and form as Her Majesty shall direct; and that an account of all such monies shall be laid before the Legislative Assembly of this Province within fifteen days after the opening of the then next Session thereof.

XII. And be it enacted, that the words "Governor of this Province," whenever they occur in this Act, shall be understood to include any person authorized to execute the Commission of Governor; that the words, "Her Majesty," shall be understood to include Her Majesty, Her Heirs and Successors; and that the words "Lower Canada," shall be understood to mean all that part of this Province which formerly constituted the Province of Lower Canada.

CAP. XXVII.

An Act to empower the Seigniors of the Fiefs Nazareth, St. Augustin and St. Joseph, in the City and County of Montreal, to commute the Tenure of the Lands now held en censive in the said Fiefs, respectively.

WH

[9th December, 1843.]

HEREAS it is expedient to empower the Seigniors of the Fiefs hereinafter mentioned, lying in the City and County of Montreal, to commute with their Censitaires, for the release and extinguishment of all Seigniorial rights,

dues

Accounting Clause.

Interpretation Clause.

Preamble

The Seigniors of the Fiefs

Nazareth, St.

Augustin, and
St. Joseph em-

powered to

commute with

their Censi

taires.

dues and burthens, whatsoever; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council, and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, that it shall be lawful for the Seignior or Seigniors of any of the Fiefs Nazareth, St. Augustin, and St. Joseph, in the City and County of Montreal, respectively, to commute with any person or persons, body or bodies politic or corporate, or other party or parties whom soever, who now hold or hereafter may hold any real or immoveable property à titre de cens or en roture, for the release and extinguishment of all droits de lods et ventes, cens et rentes, and other Seigniorial burthens whatsoever, to which such real or immoveable property may be liable, for such consideration and indemnity as by On such terms such Seignior or Seigniors and the party desirous of obtaining such Commutation as may be agreed upon. shall be mutually settled and agreed upon; and from and after the voluntary settlement and adjustment of the terms of such Commutation and the passing of a Notarial Instrument for effecting the Commutation so agreed upon, all and every the droits de cens et rentes, lods et ventes, droit de retrait, and all other Seigniorial rights, dues and burthens whatsoever, on the real or immoveable property to which such Commutation shall relate shall be forever commuted, released and extinguished, and such real or immoveable property shall be thenceforth holden for ever by the Tenure of Franc Aleu Roturier, according to the Laws of Lower Canada, and shall never again be granted, conceded or holden by any Seigniorial or Feudal Tenure whatsoever: Provided always, that nothing herein contained shall be construed to exempt the Seignior or Šeigniors of any of the said Fiefs, from the operation of any general law which may be hereafter passed for effecting general commutation of Seigniorial Tenure throughout Lower Canada.

Consequence of such commutation.

Proviso-nothing in this

Act to exempt

the said Seig

niors from the effect of any general law for commutation.

Preamble.

CAP. XXVIII.

An Act to detach the Township of Chatham Gore, otherwise called the Gore of Chatham, from the County of Terrebonne, and to annex it to the County of the Two Mountains.

W

[9th December, 1843.]

"HEREAS; by the terms of the Act of the Legislature of Lower Canada, passed in the ninth year of the Reign of His late Majesty King George the 9 G. 4, c. 73, Fourth, and intituled, An Act to make a more convenient subdivision of the Pro

Act of L. C.

cited.

vince

vince into Counties, for the purpose of effecting a more equal representation thereof in the Assembly than heretofore, the tract of land which now forms the Township of Chatham Gore, otherwise called the Gore of Chatham, lying in the rear of the Seigniory of Argenteuil, in the District of Montreal, was included in the County of 'Terrebonne ; And whereas, from the position of the said Township, it would be more advantageous to the Inhabitants thereof, that it should form part of the County of the Two Mountains; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of, and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, that from and after the passing of this Act, the said Township of Chatham Gore, otherwise ship of Chatcalled the Gore of Chatham, shall be and is hereby detached from the said County of Terrebonne, and shall be included in and make part of the said County of the Two Mountains, to and for all intents and purposes whatsoever; any thing in the Act herein first above cited to the contrary notwithstanding.

CAP XXIX.

An Act for the establishment and maintenance of Common Schools in
Upper Canada.

W

[9th December, 1843.]

HEREAS it is expedient to make provision for the establishment and maintenance of Common Schools in that part of this Province called Upper Canada, and also for the establishment and maintenance of Model Schools therein; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, that the Secretary of this Province shall, ex-officio, be Chief Superintendent of the Common Schools of Upper Canada aforesaid, subject nevertheless to all lawful orders and directions in the exercise of his duties as such Chief Superintendent, as shall from time to time be issued or given in that behalf by the Governor of this Province.

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The Town

ham Gore detached from

the County of and annexed

Terrebonne,

to the County of the Two Mountains,

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