sold or otherwise disposed of accordingly, and when granted, absolute pro- shall be granted in franc aleu roturier. waters to be perty of the Crown. Section 3 of Act of 1855, amended: approximate value of mu tation fines to be paid in the mean time to the Seignior, instead of interest on his approximate share of the fund. XII. And in amendment of the third section of the said Seigniorial Amendment Act of 1855, it is enacted, That the Commissioners or any one or more of them, shall forthwith make a separate statement for each Seigniory, shewing, as nearly as can then be ascertained, and subject to correction thereafter: 1. The average yearly revenue from lods et ventes,— 2. The average yearly revenue from quint, 3. The average yearly revenue from relief,-and 4. The average yearly revenue from other casual rights (if any) which, under the said section, ceased to be payable after the passing of the said Act; 5. Such statement shall be made separately for each Seigniory, and so soon as the Commissioners are able to make it, and shall be sent to the Receiver General; and instead of the interest mentioned in the said amended third section, (which shall accumulate as part of the Provincial aid to the Censitaires,) the amount of such yearly revenue in each Seigniory as shewn by such statement, from the thirtieth day of May, one thousand eight hundred and fifty-five, (the day of the passing of the said Act,) up to the first day of January or July last past at the time the statement shall come to the Receiver General, shall be then paid by the Receiver General to the Seignior or Seignior dominant of such Seigniory; and thereafter one half of the average yearly revenue mentioned in each such statement respectively, shall be paid to the Seignior or Seignior dominant entitled to it, on the first day of January and the first day of July, until the Schedules are finally deposited; and the amount so paid to each Seignior shall be debited to him, as so much received by him on account of the portion of the Provincial appropriation for the relief of Censitaires payable to him and of the interest on such portion; but in computing the amount to be deducted on account of the said Provincial aid, from the value from the total value of the Seigniorial rights in any Seigniory of Seigniorial as shewn by the Schedule thereof, in order to ascertain the charges, shall Be computed. amount remaining chargeable upon the Censitaires, the correct value of such casual rights (as finally ascertained by the Schedule) from the said thirtieth of May, one thousand eight hundred and fifty-five, to the publication of the notice of deposit of the Schedule (and not the approximate value first above mentioned) shall (as representing the average sum saved by the Censitaires during the same period, by the nonpayment of the said casual rights or any compensation therefor,) be deducted from the total amount of principal and How the Pro vincial aid to be deducted interest interest payable to the Seignior from the said Provincial Aid, may be retain XIII. In the event of any Seignior or Seignior dominant being Money owing indebted to the Crown in any sum of money for any right to the Clown arising from any Seigniory held by such Seignior or Seignior by a Seignior dominant, the Receiver General shall retain the amount so ed out of his due to the Crown from the amount payable to such Seignior or share. Seignior dominant under the provisions of this Act or of the Acts hereby amended; and the amount (if any) due to the Crown by each Seignior, shall be ascertained by the Commissioner making the Schedule of each Seigniory and certified by him to the Receiver General. XIV. In any case in which, by reason of an equal division, Provision no judgment has been rendered by the Judges of the Court of where the Queen's Bench and Superior Court for Lower Canada, on any been equally Judges have of the questions to them submitted by the Attorney General for divided in Lower Canada under the provisions of the sixteenth section of opinion. the said Seigniorial Act of 1854, the Commissioner making the Schedule shall, in any case to which such question refers, decide it in such manner as he shall think most equitable under the circumstances, saving the right of the Court for the revision of Schedules, to be appointed under the twelfth section of the said Seigniorial Act of 1854, to pronounce a final decision on such question or questions, and to amend such Schedule according to such decision, if need shall be. XV. The Commissioner making the Schedule of any Sei- Commissiongniory shall have full power either by himself or by any person ers may inauthorized by him, to inspect the Repertory of any Notary, speet NoReperwhenever he shall think such inspection desirable for ob- taries. taining information to ensure the greater correctness of the Schedule, such inspection being demanded and made at reasonable hours and on juridical days; and any Notary refusing to allow such inspection shall thereby incur a penalty of one hundred pounds; and for each such inspection the Notary shall be entitled to five shillings for each hour it shall continue; Provided that whenever any such inspection shall be demanded by any Seignior, it shall be made at his expense. 15* XVI. Seigniorial possession to be sufficient for the purpose of the Schedule. Seigniors allowed to alien ate unconceded lands. XVI. For the purpose of making the Schedule of any Seigniory, the boundaries thereof shall be deemed to be those actually possessed by the Seignior, although all or any part thereof may be in dispute. XVII. And whereas the provision in the Seigniorial Act of 1854, prohibiting any Seignior from conceding or alienating the unconceded lands in his Seigniory until after the deposit of the Schedule thereof, retards settlement, it is therefore enacted, that from and after the passing of this Act, all unconceded lands in any Seigniory the tenure of which has not been theretofore commuted, shall be held by the Seignior en franc aleu roturier, and may be dealt with by him in like manner as lands held by other persons under the same tenure may be dealt with; Proviso: when except that if the Seigniory be entailed (substituée) or held by the Seigniory any party otherwise than as absolute owner thereof, then the is substituted, price of such lands shall form the capital of a rente constituée, &c. Lands in Soc cage or franc aleu not to be charged with irredeemable rents, or mu tation fines, &c. Correction of an error in ss. 26 & 27 of the Act of 1854, as to no tice of deposit of Schedule. which capital shall not be paid except to some party holding the Seigniory as absolute owner thereof; but any party whose title would, before the passing of the Seigniorial Act of 1854, have authorized him to concede such unconceded lands, may after the passing of this Act, sell the same for such rente constituée as aforesaid, and not otherwise. XVIII. No lands held in Free and Common Soccage or en franc aleu roturier, shall be charged with any perpetual irṛedeemable rent; and whenever any such rent shall be so stipulated, the capital thereof may be at any time redeemed at the option of the holder of the land charged therewith, on payment of the capital of such rent calculated at the legal rate of interest; and any stipulation in any deed of conveyance (translatif de propriété) of any such land, tending to charge the same with any mutation fine or any payment in labor, or tending to entail upon the holder of any such land, the duty of carrying his grain to any particular mill, or any other feudal duty, servitude or burthen whatsoever, shall be null and void. XIX. And whereas the notice of the deposit of the Schedule of any Seigniory, which the provisions of thirteenth Section of the Seigniorial Act of 1854, should be given by the Commissioner who shall have made such Schedule, is erroneously referred to in the twenty-second and twenty-sixth Sections of the same Act, as a notice to be given by the Receiver General,it is hereby declared and enacted, that the said twenty-second Section should, and the same shall henceforth be read and interpreted as if the words " by the Receiver General" in the second and third lines of the said twenty-second Section had never been inserted therein,-and that the said twenty-sixth Section should, and the same shall henceforth be read and interpreted as if the words "of the Receiver General" in the third line of the said twenty-sixth Section, and as if the words, "in his hands" in the fourth line of the same Section, had never been inserted therein. XX. This Act shall be called and known as "The Sei- Short title. gniorial Amendment Act of 1856." CAP. LIV. An Act to make better provision for promotion of superior Education and the establishment and support of Normal Schools in Lower Canada and for other purposes. W [Assented to 19th June, 1856.] HEREAS it is expedient to establish a permanent Fund Preamble. for the promotion of superior Education and the support of Normal Schools in Lower Canada, and to make other provision for the same purpose: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: as an invest tion in Lower Canada. I. The Estates and Property of the late Order of Jesuits, Jesuits' estates whether in possession or reversion, including all sums funded appropriated or invested, or to be funded or invested, as forming part thereof, ment Fund for and the principal of all moneys which have arisen or shall arise Superior Edufrom the sale or commutation of any part of the said Estates or Property, are hereby appropriated to the purposes of this Act, and shall form a Fund to be called the "Lower Canada Superior Education Investment Fund," and shall be under the control and management of the Governor in Council, for the purposes of this Act; and the said Fund shall be understood to be intended by the words "the said Investment Fund," whenever they occur in this Act. form an Income Fund II. The revenues and interest arising from the said Investment Revenues and Fund, that is to say :-The revenues and interest hereafter to interest to arise from the real property forming part of the Jesuits' Estates, or from moneys funded or invested as belonging to the said for the said Estates, or from any property, real or personal, reversible to the purposes, said Estates as part of them,-the revenue and interest of investments made or to be made, and of debentures held or to be held, on account of the said Estates,-the income and interest to arise from investments to be made out of the moneys received or to be received from commutations effected or to be effected in the Seigniories forming part of the said Estates, or out of the moneys to be received from the collection of any arrears of revenues, interest, and of debts now due, being part of the said Estates, and out of all moneys which, in lieu of any Seigniorial right to be abolished or commuted, will, as part of the said Estates, become due and payable under the Seigniorial Act of 1854, and the Seigniorial Amendment Act of 1855, or under any other Provincial Act enacted or to be enacted, in relation to Unexpended balance of Common School Fund for L. C. to form part of Income Fund. Property belonging to may be sold when the sale to the abolition or commutation of feudal rights and duties in Lower Canada,-the revenue and interest to arise from investments to be made out of the moneys to be received from the sale of any portion of the said Estates, or from the sale or redemption of any rente foncière or rente constituée, being part of the said Estates,-shall, with the unexpended and unclaimed yearly balances of the Common School Fund for Lower Canada, and the sum hereinafter directed to be paid yearly out of the Consolidated Revenue Fund of this Province, and with any sum to be taken for the purpose in any year out of the Common School Fund of Lower Canada, form a Fund, to be called the "Lower Canada Superior Education Income Fund;" and the said Fund shall be understood to be intended by the words "the said Income Fund," whenever they occur in this Act. III. Whenever it shall appear to the Governor in Council that the said Income Fund may be increased by the sale and by Jesuits' estates the investment of the proceeds of the sale of any portion of the said Estates, or of any rente foncière or rente constituée then forming part of them, it shall be lawful for the Governor in Council to order such sale to be made, and to direct that the moneys realized by it be invested in provincial debentures or other securities, the annual interest or income whereof shall form part of the said Income Fund. will increase the said Income Fund. Fund. Yearly approIV. There shall be annually placed to the credit of the said priation to- Income Fund, the sum of five thousand pounds currency, out of wards Income the Consolidated Revenue Fund of this Province, which sum shall form part of the said Income Fund, and be appropriated Income Fund accordingly; and if in any year the said Income Fund shall fall to be made up short of the sum of twenty-two thousand pounds, then such sum to £22,000 per as may be necessary to make it equal to twenty-two thousand pounds, shall be taken from the Common School Fund of Lower Canada, and added to the said Income Fund for that year, as part thereof. annum. Balance of In V. The said Income Fund, or such part thereof as the Governor in Council shall from time to time direct, shall be annually apportioned by the Superintendent of Schools for Lower Canada, in such manner, and to and amongst such Universities, Colleges, Seminaries, Academies, High or Superior Schools, Model Schools and Educational Institutions, other than the ordinary Elementary Schools, and in such sums or proportions to each of them, as the Governor in Council shall approve; and the grants or amounts so apportioned shall be paid by the Receiver General, on the warrant of the Governor, to the said Superintendent, who shall pay the same to the respective Educational Institutions entitled to them. VI. If in any one year the whole of said Income Fund be not come (if any), apportioned, the balance not distributed shall remain for further how to be distribution as is before provided, or shall, if the Governor shall applied. SO |