The Seigniors

of the Fiefs Nazareth, St.

Augustin, and St. Joseph empowered 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 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 Seigniors of any of the said Fiefs, from the operation of any general law which may be hereafter passed for effecting a general commutation of Seigniorial Tenure throughout Lower Canada.

as

may be agreed upon.

Consequence of such commutation.

Proviso-no

thing in this

Act to exempt

the said Seig

niors from the effect of any general law for commutation.

CAP. XXVIII.

Preamble.

Act of L. C.

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.

[9th December, 1843.]

HEREAS; by the terms of the Act of the Legislature of Lower Canada,

W 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

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 County of the Two Mountains, to and for all intents and purposes whatsoever; any thing 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.

[9th December, 1843.]

The Town

ham Gore detached from Terrebonne,

and annexed to the County of the Two Mountains,

Preamble.

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, sub- Schools apject 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.

E E

Chief Super

intendent of Common

pointed.

Assistant Superinten dent.

Superintendent to appor

the Common

and in what ratio.

II. And be it enacted, that it shall and may be lawful for the Governor of this Province, from time to time, to appoint an Assistant Superintendent of Common Schools for Upper Canada aforesaid, who shall act in all things under the direction of the said Chief Superintendent.

III. And be it enacted, that on or before the first day of March in each year, tion the monies it shall be the duty of the said Chief Superintendent, after deducting any sum arising from which shall be set apart for the maintenance of Model Schools, as hereinafter proSchool Fund; vided, to apportion any sum or sums of money, appropriated by the Legislature for Common Schools in Upper Canada aforesaid for the year under or by virtue of any Act or Acts passed or to be passed in that behalf, and that such apportionment shall be made according to the ratio of population of each County, Township, Town or City, as compared with the population of Upper Canada, according to the Census of population which shall last have been taken, and returned at the time of such apportionment.

best of his

certain cases.

To apportion IV. And be it enacted, that when the Census or returns upon which an apthe same according to the portionment is to be made shall be so far defective in respect of any County, Judgment in Township, Town or City, as to render it impracticable for the Chief Superintend ent to ascertain the share of School Moneys which ought to be apportioned thereto, and whenever, in consequence of the erection of a new County, Township, Town or City, or the alteration of the Boundaries thereof, the apportionment under the Census then last taken would become inapplicable or would be unjust, as between two or more Counties, Townships, Towns or Cities, the Chief Superintendent shall make his apportionment for the year, according to the best evidence in his power upon the facts upon which the ratio of apportionments as to such Counties, Townships, Towns or Cities, shall depend.

To notify the V. And be it enacted, that the Chief Superintendent shall certify such apporapportionment to certain offi- tionment made by him to the Inspector General of the Province, and shall give immediate notice to the Superintendent of Common Schools of each County interested therein, stating the amount of Moneys apportioned to his County, and to each Township, Town and City therein.

eers.

To prepare forms and re

VI. And be it enacted, that the Chief Superintendent aforesaid shall prepare gulations. suitable forms and regulations for making all reports and conducting all necessary proceedings under this Act, and shall cause the same, with such instructions as he shall deem necessary and proper for the better organization and government of Common Schools, to be transmitted to the Officers required to execute the provisions of this Act throughout Upper Canada aforesaid.

VII. And be it enacted, that the Chief Superintendent aforesaid shall, from time to time, furnish to the County Superintendents throughout Upper Canada aforesaid, for the use of the several School Districts, such and so many copies of this Act, and of the Forms, Regulations and Instructions, prepared by him, as he shall deem requisite and necessary.

VIII. And be it enacted, that the sum annually to be distributed for the encou ragement of Common Schools in Upper Canada aforesaid, shall be payable on the first day of August in each year, by warrant to the Superintendents of Common Schools of the several Counties in Upper Canada, aforesaid.

IX. And be it enacted, that each County Superintendent receiving such moneys shall forthwith give notice in writing to the Township, Town and City Superintendents of Common Schools within his County, of the amount apportioned to each Township, Town or City, and shall hold the same subject to the orders of such Township, Town and City Superintendents, respectively.

X. And be it enacted, that in case the Superintendent of any such Township, Town or City, shall not apply for and receive such moneys before the next receipt of moneys apportioned to the County, or in case the Council of any Township, Town or City, shall not entitle such Township, Town or City to receive the sum apportioned thereto under this Act, the moneys remaining with the County Superintendent shall be retained by him, and shall be distributed in addition to the moneys next received by him for distribution for Common Schools, as aforesaid, and in the same proportions.

XI. And be it enacted, that whenever the County Superintendent of Common Schools in any County shall receive from the Superintendent notice of the apportionment of moneys to be distributed in his County, he shall forthwith transmit a certified copy of such apportionment to each Township, Town and City Clerk, within such County, so far as the same relates to such Township, Town or City.

XII. And be it enacted, that it shall be the duty of the said Clerk to lay such certified copy before the Council for his Township, Town or City, and the Township, Town or City Council shall without delay cause to be levied in the Township, Town or City, a sum of money for Common School purposes, at least equal (clear of all charges of collection) to the amount of public money apportioned to such Township, Town or City; such sum to be increased at the discretion of the Council to an amount not more than double the said apportionment of public money; and such sum, so to be raised, shall be placed on the Collector's Roll, and shall be by him collected, in like manner as any other tax for such Township,

Local Councils may ex

Township, Town or City, and shall be by him paid over to the Township, Town or City Superintendent of Common Schools.

XIII. And be it enacted, that it shall be lawful for any Township, Town or empt School City Council to exempt any number of School Districts, not exceeding two, within Districts from such Township, Town or City, from the payment of the Tax for the support of ground of po- Common Schools, on account of the poverty of their inhabitants.

the Tax on the

verty.

XIV. And be it enacted, that there shall be a Superintendent of Common Schools in each Township, Town and City, to be appointed by the Council thereof, and to hold office during their pleasure; and every such appointment, and every vacancy occurring in the office, shall be notified within ten days to the County Superintendent by the Township, Town or City Clerk; and it shall be the duty of the Superintendent for each Township, Town or City:

1.—To divide the same, subject to the direction and approval of the Township, Town or City Council, into a convenient number of School Districts and parts of Districts, and to regulate and alter such Districts and parts of Districts, as hereinafter provided.

2.-To describe and number the School Districts and parts of Districts, and to deliver the description and numbers thereof, in writing, to the Township, Town or City Clerk, immediately after the formation or alteration thereof.

3. To apply for and receive from the County Superintendent, the portion of School Moneys apportioned to the Township, Town or City, and likewise from the Town or City Collector, or Treasurer, all moneys which shall be raised for the purposes of Common Schools in their Township, Town or City; the aggregate of which moneys shall constitute the School Fund of the Township, Town or City.

4. To apportion the said School Fund, so soon as its amount shall have been ascertained, among the several School Districts and parts of Districts within the Township, Town or City, in proportion to the number of Children residing in each, over the age of five and under the age of sixteen years, according to the last annual reports of the School Trustees.

5.-To sue for and collect, by his name of office, all Penalties and Forfeitures imposed by this Act, within his jurisdiction, and with respect to which no other provision is made, which shall be incurred by any Officer or Inhabitant of the Township, Town or City; and after deducting his costs and expenses, to add the sums recovered to the School Moneys received by him, to be apportioned and expended in like manner.