Canada Tenures Act
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 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, receive execution where such lands, or parts thereof, have under grants of the seigniories become the property of persons who hold the same à titre de fief, in arrière-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 temporal and commons in this present parliament assembled and by the authority of the same That whenever any person or persons, holding of His Majesty as proprietor or proprietors any fief or seigniory in the said province of Lower Canada and having legally the power of alienating the same, in which fief or seigniory lands ungnin ted parts the have been granted and are held d titre de fief in arriere fief or d reof obtain a com te mutation and re tlire e cens shall by petition to the King through the governor lease of feudal bur lieutenant governor or person administering the government of the thens duo to His Majesty thereon said province apply for a commutation 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 a titre deficf in arrierc fief or d titre de cens it shall and may be lawful for His Majesty or for such governor lieutenant governor or person administering the government as aforesaid 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 droit de relief and all others feudal rights and burthens due to His Mcjesty 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 eo 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 Such fief or sei i i 11 niory may be re parcels of such her or seigmory as shall as atoresaid remain and be granted to the pro in his her or their possession ungranted and which shall not be held d titre deficf in arriere fief as aforesaid or d 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 prictor in free and common soccage
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