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 have been granted and are held à titre de fief, in arrière fief or à titre de cens, shall by petition to the King, through the governor, lieutenant governor, or person administering the government of the 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, à titre de fief in arrière 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 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 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 may be re parcels of such her or seigmory as shall as aforesaid remain and be granted in his, her, or their possession ungranted, and which shall not be held à titre de fief, in arrière-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 or in arrière-fief as aforesaid, making part of him, 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 arrière 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 hereinafter 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 Maiesty, 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 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 arrière fief as aforesaid, or à titre de cens, to consent to, grant and allow, to and in favour of such censitaires, 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 arrière-fief as aforesaid.
IV. And be it further enacted, that if any seignior or seigniors, person or persons holding lands à titre de fiefs, who shall so as aforesaid have obtained a release of and from the droit de quint, or droit de relief, shall when thereunto required by any person or persons holding any of the said lands à titre de fief, in arrière-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 hereinbefore provided, refuse or neglect to consent and allow to and in favor of such person or persons holding such lands à titre de fief, in arrière-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 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 arrière-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 court of competent jurisdiction in the said province of Lower Canada, for the purpose of compelling him or them to accept the price, indemnity 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 and 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 the said court, for the use of the said seignior or seigniors, person or persons so impleaded as aforesaid in such court, 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 such commutation, release or 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 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, all and every droit de quint, and droit de relief droit de cens and droit de lods et ventes and mutation fines of every description droit de retrait casuel and conventionel drait de banalite droit de corvee and every feudal and territorial 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 judg
http://www.canadiana.org/ECO/PageView/50481/0003?id=40b0304604b8079c