The Quebec gazette published by authority = Gazette de Québec publiée par autorité, 12 novembre 1840, jeudi 12 novembre 1840

[" i m 2lie I ui lee USe EUX CRIT byés fans PIty LE, the le, IE, ine, een VOLUME XVIII.No.2.THURSDAY, NOV.12, 1840.(New Series.) weber, TOME XVIII, \u2014No.2 JEUDI, NOVEMBRE 12, 184.0.875\u201d TAKE NOTICE F9 Pro\" ADVERTISING IN THE QUEBEC OFFICIAL GAZETTE, ARE PARTICULARLY REQUESTED TO FORWARD THEIR ADVERTISEMENTS AS EARLY A8 POSSIBLE IN THE WEEK OF PUBLICATION, IT HAVING BEEN FOUND THAT THE ISSUING OF THE GAZETTE, WHICH OUGHT TO APPEAR ON THURSDAY, HAS BEEN DELAYED BY THE LATE PERIOD, AT WHICH MATTER REQUIRING TRANSLATION HAS BEEN TRANSMITTED.ADVERTISEMENTS; WHICH COME BY POST, IF NUMEROUS, OR OF LENGTH, AND REQUIRING TRANSLATION, SHOULD BE RECEIVED ON MONDAY, TUESDAY BEING NO POST DAY.J.CHARLTON FISHER, EDITOR Q.G.BY A.N.B.\u2014If the above suggestion is not complied with, it is evident that all matter received too late, must be unavoidably postponed to the next ensuing publication.Sheriff's Sales.DISTRICT OF QUEBEC.Fo Wir: { Pusuic NOTICE is hereby given, that the undermentioned LANDs and TENEMENTS have been seized, and will be sold at ihe respective times and places as mentioned below.All persons having claims on the same, are hereby required to make them known accordiug to law : all oppositions afin d'annuler, afin de distraire, or afin de charge, except in cases of Venditioni Exponas.to which no such oppositions are\u2019 by law allowed, are required to be filed with the undersigned, at his Office, previous to the fifteen days next preceding the day of sale: oppositions afin de conserver may be filed at any time within two days next after the return of the Writ.VENDITION! EXPONAS.Quebec, to wit : UGH ROBERTSON, esquire,of No 1700.Glasgow, in that part of the United Kingdom of Great Britain and Ireland called Scotland, end others ; against JEAN BAPTISTE CARRIER, of the parish of St.Henry, in the county of Dor- chester, in the district of Quebec, merchant, and Dame Ursule Patris, of the parish of St.Henry aforesaid, wife of the said Jean Baptiste Carrier, and duly authorised à ester en justice ; the said Dame Ursule Patris substituted in the room and stead of she said Hugh Robertson and others, to proceed to the sale of the immoveable following, to wit :\u2014*¢ A land situate in the parizh of St.Henri de Lauzon, of three arpents and a half in front by twenty nine in depth ; bounded in front by the river Etchemin, and in rear by the end of its depth, towards the south west by the road of the concession called Plaisance, and towards the north east by Antoine Boulanger, Francois Letellier and Joseph Letourneau\u2014with the house, stables and potash factory thereon erected, circumstances and dependencies, without nevertheless comprehending in the said land the five following emplacements, which areto be excepted : the first, of one arpent and a quarter in front by half of one arpent in depth\u2014the second, of half an arpent in front by one arpent in depth\u2014the third, of six perches in front by five perches in depth\u2014the fourth, of half an arpent in front by one arpent in depth\u2014the fifth, of three quarters of an arpent in front by one arpent in depth\u2014with the houses and buildings erected on the said emplacements.The first belonging to Laurent Gosselin ; the second to Louis Gautron dit Larochelle ; the (bird to Henri Morin ; the fourth to Charles Lemieux, and the fifth to Louis Gautron dit Larochelle.The said land being subject towards the seignior of the seigniory of Lauzon to the droits de panalité et de retrait, ifthey do exist in their titles of Concession, and to all the clauses, charges, conditions, restrictions and reserves set forth in thesaid title of concession.Distraction being first made of that part claimed in and by the opposition afin de distraire of Louis Gautron dit Larochelle, and the judgment thereon.\u201d To be sold at the church door of the said porish St.Henry, on the TWENTY-FOURTH day NOVEMBER instant, at TEN o'clock in the morning.The said Writ returnable on the first day of February next.W.S.SEWELL, Sheriff.Sheriff's Office, 2d November, 1840.[First published 5th November, 1840 ] VENDITIONI EXPONAS.Quebec, to wit : AMES SCOTT, of Glasgow, in that \u2018No.2176.part of the United Kingdom of Great Britain and Ireland called Scotland, and others ; against JONATHAN REINHART, of the parish of Cap Santé, in the county of Portueuf, in the district of Quebec, lumber dealer, and anotber, to wit :\u20141.\u2018\u201c A land comprehending the numbers eight and nine, in the coucession St, Jean, seig- niory of Neuville, in the parish of Cap Santé, containing one hundred and eighty arpents in superficies, each number being of three arpents by thirty in depth, bounded in front by the road (route) of the concession of St.Jean, and in rear by the end of the said depth, joining on one side towards the sbuth to Michael Bagley, and ou the other side towards the north to one Lowe, circumstances and depend.encies\u2014the whole being in its natural state.2.A land being number six in the concession St.Charles, containing about one bundted and eighty arpents in superficies, situated in the said seigniory of Neuville, in the aforesaid parish of Cap Santé ; bounded in front by the said road (route) of the concession of St.Charles, and in rear by the river Portneuf, joining on one side towards the north to Denis Dugan, and on the other side towards the south to M.S.G.Gaucher, esquire, surgeon\u2014the whole being in its patural state.Subject to the several real charges and encumbrances mentioned in the two oppositions afin de charge of Edouard Larue and otkers, and the judgment thereon.\u201d To be sold at the church door of the said parish of Cap Sauté, on the THIRTIETH day of NOVEMBER instant, at TEN o\u2019clock iu the morning.The said Writ returnable on the first day of February next.W.S.SEWELL, Sberiff.Sheriff\u2019s Office, 3d November, 1840.{First published 5th November, 1840.7] VENDITIONI EXPONAS.Quebec, to wit: ALEXANDER MORISON, of the No.1677.3 city of Quebec, in the county and district of Quebec, master cooper ; against FRANCOIS GUAY alias Gay, of the parish of St.Joseph of Pointe Levy, in the county of Dorchester, in the district of Quebec, cultivator, to wit :\u2014*¢ T'wo arpents of ground in front or thereabout by thirty in depth, situate at the said place of Pointe Levy, inthe village commonly called Trampsouris ; bounded on one side towards the north east by Hilaire Samson, and on the other side towards the south west partly by Henry Guay and partly by the road (route,) towards the north by the ceinture of the lands of the first range, and towards the south by the said depth\u2014together with the barn and other buildings thereon erected, circumstances and dependencies.Subject to the several real charges and encumbrances mentioned in the opposition afin de charge of De, Isabella Carter McLean, and the judgment thereon.\u201d To be sold at the church door of the said parish of St.Joseph of Pointe Levy, on the TWENTY .FOURTH day of NOVEMBER instant, at TEN o'clock in the morning.The said Writ returnable on the first day of February next.W.8, SEWELL, Sheriff.Sheriff\u2019s Office, 2d November, 1840.[First published 5th November, 1840,] VENDITIONI EXPONAS.Quebec, to wit : LES MILLER, of the parish of No.1986.} Kamouraska, in the county of Kamouraska, in the district of Quebec, merchant ; against OLIVIER MARTIN, of the said parish of Kamouraska, in the said county of Kamouraska, in the district of Quebec aforesaid, now at Quebec, to wit :\u2014\u2018\u201c An emplacement lying and situate at St.Louis of Kamouraska, near the church of the said parish, containing three quarters of an arpent in depth more or less, by half an arpent in front morc or less ; bounded towards the north by the river St.Lawrence, towards the south by Charles Sénéchal, to wards the north east partly by Jérémie Duval, partly by Gabriel Phaneas dit Raimond and partly by Jean Baptiste Taché, esquire, and towards the south west by Pierre St.Jone dit Sergerie\u2014with a house and other buildings thereon constructed.With the reserve of a house and circuit of ground enclosed in the emplacement above mentioned, belonging to Hilary Migné dit Lagacé, according to his titles.The said immoveable to be sold subject to the charge of the droit de retrait, de banalité and others, with which the said immoveable may be encumbred in favor of the seignior of the place.Subject to the several real charges and encumbrances mentioned in the opposition afin de charge of Dame Julie Larue and the judgment thereon.\u201d To be sold at the church door of the said parish of St.Louis de Kamouraska, on the THIRTIETH day of NOVEMBER instant, at TEN o'clock in the morning.The said Writ returnable on the first day of February next.W.S, SEWELL, Sheriff.Sheriff's Office, 2d November, 1840.[First published 5th November, 1840.] VENDITIONI EXPONAS.Quebec, to itd I ENRIETTE LIZOTTE, of the No.1353.parish of Ste.Anne La Pocatière, in the county of Kamouraska, in the district of Quebec, wife of John Smith, esquire, captain of militia, duly authorised a ester en justice against her said husbaud ; against the said JOHN SMITH, of the said place, and Jean Frangois Cazes, cultivator, of the parish, county and district aforesaid, opposant, at the folle enchère, costs and charges of the said Henriette Lizotte, to wit :\u2014 1.** A lotof ground situate in the first and second ranges of the parish of Ste.Anne, containing six arpentsin superficies, more or less, which is bounded on the north east side by the river St.Jean, towards the south east by the same river, towards the south west partly by the king\u2019s highway called the road of the seigniorial mill (Route du Moulin Banal,) and partly by Victor Pelletier, Amable Bélanger, Vincent Kith and Urbain Martin, towards the north west by the stone bank which is lying at the foot of the hill, and by the ground of Henry Santier\u2014 with a house, hangard and other buildings thereon constructed, This lot of ground and buildings were the former domain and manor, yard and garden of the late Laughlin Smith, aquire, in his lifetime seignior of the seigniory of thé + >] parish of Ste.Anne.2 A circuit of ground situa\u201d1f@ the said first range of concessions of the suid parish of Bte, Aone, containing two arpents in front by the depth which there may be-\u2014bounded as follows : at the north west end by the said river, towards the south east by the first lot, on the south west side by Clovis Potvin, and on the north east side by the lot of ground hereafter described, and by the widow Bazile Martin.3.A lot of ground situate in the said first range of the said parish of Ste.Anne, containing all the front which there is lying between the circuit of ground here- above secondly described, the said river and the ground of Hypolite Pelletier, by all the depth which there may be from the north west end partly to the said river St.Jean and partly to Hilaire Guy and the widow Bazile Martin, going towards the south east to the first lot ; bounded on both sides and both ends by the aforesaid places.Subject firstly, to the right of habitation on the first lot, which the said Mrs, Smith is entitled to by her marriage contract\u2014secondly, with the reserve of the private road which belongs to Augustin Martineau, esquire, merchant, of the parish of Ste.Anne, on the second and third lots\u2014thirdly, to the right of passage on the first lot for the purchasers of the second and third lots, to communicate from those two lots to the king\u2019s highway, called Mill\u2019s road (route du moulin) \u2014fourthly, subject to all the seigniorial dues, included the rights of agreement to which those three lots of ground may be subject by their titles of concession towards the honorable Amable Dionne, seignior of the place,and by posterior agreements made between the said seignior and his predecessors seigniors of the said seigniory and the bolders of the said grounds, by authentic deeds,\u201d To be sold at the church door of the said parish of Ste.Anne La Pocatiére, on the NINTH day of DECEMBER next, at TEN o'clock in the morning.The said Writ returnable on the first day of February next.; W.S.SEWELL, Sheriff.Sheriff \u2019s Office, 10'h November, 1840.[First published 12th November, 1840.] VENDITIONI EXPONAS.Quebec, to wit : | NDRE\u2019 BROCHU, of the parish of No.663.St.Gervais, in the county of Belle- chasse, in the district of Quebec, farmer; against ANTOINE FOURNIER, the son, of the same place, farmer, and Thomas G.Launiére, esquire, of the said parish of St.Gervais, and others, opposants, à la folle enchère, costs and charges of Frederick Goulet, of St.Gervais, cultivator, to wit :\u2014\u2018\u2018 À land of One arpent and a half in front, lying and situate at St.Gervais, in the second range of concessions of the said parish, in the seigniory of St.Michel, by forty arpents more or less in depth ; bounded in front by the land of Louis Proulx, and in rear by that of François Lantagne, joining towards the north east to Antoine Fournier, and towards the south west to Louis Audet-=without buildings thereon erected, circumstances and dependencies.Subject4o the droits de banalité, retrait, cens et rentes, lods et ventes, and other seigniorial rights, and to all the charges and conditions in favor of the seigniors of the place\u2014the whole according to the titles of the concession of the said lot of ground.\u201d To be soldat the church door of the parish of St, Gervais, on the THIRTIETH day of NOVEMBER instant at TEN o\u2019clock in the morning.The said Writ returnable on the first day of February next.W.S.SEWELL, Sheriff.Sheriff \u2019s Office, 10th November, 1840, : [First published 12th November, 1840.] FIERI FACIAS.Quebec, to wit \u20181 LS\" GAGNON.of the parish of No.2274 St.Pierre dela Baie St.Paul, in the county of Saguenay, in the district of Quebec, ancien cultivateur ; against ADOLPHE GAGNON, of the parish of St.Pierre de la Baie St.Paul aforesaid, in the county and district aforesaid, merchant, and in the bands of Jean Baptiste Landry, huissier audiencier of the court of King\u2019s Bench, curator to the délaissement made in this cause, to wit :\u2014'\u201c Two arpents and five perches of ground in front by the depth of fifty four arpents, lying and situate at the place called La Goudronnerie, in the parish of St.Pierre de la Baie St.Paul; bounded in front by the river du Gouffre, in rear by the end of said deph, and Joining the holders of the concession St.Ours, on one side towards the north by Etienne Gagnon, and on the other side towards the south west by Louis Doré\u2014with the buildings thereon erected, The said immoveable being subject tothe charge of the droits de banalités and retrait, and other seigniorial rights with which the said immove- uble may be encumbered in favour of the scigniors of the place.\u201d To be sold at the church door of the said parish of St.Pierre and St.Paul, on the FIRST day of DECEMBER next, at TEN o*clock in the morning.The said Writ: returnable on the first day of February next.: W.8.SEWELL, Sheriff, .Sheriff's Office, 28th July, 1840.vo [First published 30th July, 1840.] _ ALIAS FIERI FACIAS.7 Quebec, to wit : } NDRE\u2019 BOURASSA, of the pa- No.830.righ of St.Jean Chrysostôme, in the county of Dorchester, in the vator; against JEAN BAPTISTE PELTIER, of the same place, grocer, to wit: \u20141,* A lo} of ground situate: in : the parish of St.Jean Chrysostôme, at the place called New Liverpool, of two hundred and ninety feet in front or istrict of Quebec, culti- thereabout, by one buudred and eighty feet in depth\u2019; » bounded in front towards the north by the river St.Law rence, towards the south in the rear by the foot of the cliff, - (par le pied du cap,) oun one side towards the west by Ha.bert Roberge, and on the other side towards the east b Jean Baptiste Guenet\u2014with three buildings thereon erected, From which lot of ground are to be excepted three small emplacements belonging to Sieurs Dubord and Guay and to Mrs.Hardy.+ 2.Another lot of grouad situated at New- - Liverpool aforesaid, of about fifty feet in front by about ana - hundred and sixty feet in depth; bounded in front towards .the north by the river St.Lawrence, in rear towards the south by the foot of the cliff, on one side towards the west by 12 TER QUEBAC GAGSTIER ESS Jean Baptiste Guenet, and ou the other side towards tbe east by Macready\u2014with buildings thereon erected.5.A land situate in the parish of Ste, Marie, in the seigniory of St.Etienne, in the village of St.Henry, vumber forty, containing about four arpents and a balf in front by thirty arpents in depth; bounded iv front by the Zrail quarré of the Jands of the concession St.Mathieu, and io rear at the end of the said depth by the seigniorial line between the sei- gniories Linière and St.Etieune, joining towards the south west to the seigniorial line between the seigniories of Beau- rivage and of St.Etienne, and towards the north east to the and number thirty nine\u2014circumstances and dependencies.\u2019 To be sold as follows ;\u2014lots numbers one and two, at tbe church door of the said parish of St.Jean Chrysostôme, on the TWELFTH dayof JANUARY next, at TEN o\u2019clock in tbe morning ; and lot number three, atthe church door of the said parish of Ste.Marie, on the said TWELFTH day of JANUARY next, at TEN o'clock in the morning, The said Writ returnable on the first day of February next.W.S.SEWELL, Sheriff.Sheriff's Office, 5th September, 1840.[ First published 10th September, 1840 ] ALIAS FIERI FACIAS, Quebec, to wit : RANCOIS XAVIER DROLETTE, No.2260.§ of the parish of St.Roch of Quebec, in the county and district of Quebec, gardener, maitre jar dinier ; against GERVAIS D'OUTIL, heretofore of the said parish of St.Ruch of Quebee, now of the parish of St.Gervais, in the county of Bellechasse, in the district of Quebec, merchant, to wit :\u2014¢ The half of an emplacement forming the south west corner of Craig and rue de la Reine streets, containing about thirty two feet in front by about fifty feet in depth ; bounded iu front by the said rue de la Reine street, in rear by the hangard built on the gronnd of Mr.Prisque Huot, towards the south east by the said Craig street, and on the south west side by a post lying about in the centre of the ground whichis to be found between the emplacement above sold and the property of the said ven- dor\u2014together with the house thereon erected, circumstances and dependencies,\u201d To be sold at the church door of the said parish of St.Roch of Quebec, on the TWELFTH day of JANUARY next, at TEN o'clock in the morning.Tue said Writ returnable ou the first day of February next.W.§.SEWELL, Sheriff.Sheriff®s Office, 5th September, 1840.[First published 10th September, 1840.] © Sheriff's Sales, \u201cDISTRICT OF MONTREAL.To wir: { Pusuic NOTICE is hereby given, that the undermentioned Lanps and TENEMENTS have been seized, and will be sold at the respective times and places as meniioned below.All persons having claims on the same, are hereby required to make them known according to law; all oppositions afin d'annuler, afin de distraire, or afin de charge, except in cases of Venditioni Exponas, to which no such oppositions are by Jaw allowed, are required to be filed in our Office, previous to thie fifieen days next preceding the day of sale; oppositiuns afin de conserver may be filed at any time within (we days next afier the return of the Writ.FIERI FACIAS.Montreal, to wit: JOSEPH D\u2019AOUST, of the parish 7 No.1532.of St.Luc, in the district of Montreal, seigoior in possession of the east part of the seigniory of Isle Perrot, situated in tbe district of Montreal, plaintiff ; against the lands and tenements of Demoiselle MARIE SOPHIE JOBIN, of the parish of Ste.Jeanne de l\u2019Isle Perrot, in the said district, spinster, fille majeure et usant de ses droits, defendant :\u2014'¢ A piece of land situated in the said parish of Ste.Jeanne de l\u2019Isle Perrot, of oue half arpeut in width by one arpent in length, forming one balf arpeut in superficies, more or less ; bounded in front by the king's bigh- way, and ou the west side by Ambroise Leciège, in rear by the said Ambroise Leciége, aud on the east side by Joseph Cuillerier\u2014with a wooden house and stable thereon erected.\u201d To be sold at the cburch door of the said parish of Isle Perrot, on the FIFTEENTH day of MARCH next, at the hour of TEN of the clock in the forenoon.The Writ returnable on the first day of April next.BOSTCN & BARRON, Sheriff.Sheriff's Office, 9th November, 1840.{First published 12th November, 1840.] FIERI FACIAS.Montreal, to wit : Pan Honorable TOUSSAINT No.1724.POTHIER, esquire, of the city and district of Montreal, \u2018sole executor of tbe last will and testament of the late Pierre Foretier, deceased, in his lifetime of Montreal aforesaid, and sole administrator of the properties Jeft by the said late Pierre Foretier, plaintiff ; against the lands and tenements of CHARLES ALLARD, of the city of Montreal, in the district of Montreai, joiner, defendant :\u2014*¢ A lot of ground or emplacement lying and situate iu the St, Lawrence suburbs of the city of Montreal, con: taining forty feet in front by one bundred and eight feet in depth ; joining in front to Bleury street, in rear to the heirs Lamothe, on one side to Joseph Mathieu, and on the other sideto therepresentatives of the late Pierre Foretier, esquire\u2014 with two houses of two stories bigh, a hangard, a coach-house, a stable and other buildings thereon erected.\u201d To be sold at our office, in the city of Montreal, ou the FIFTEENTH day of MARCH nezt, at TEN o\u2019clock in the forenoon.The said Writ returnable on the first day of April next.BOSTON & BARRON, Sheriff.Sheriff's Office, 9th November, 1840.[First published }2th November, 1240.) FIERI FACIAS.Montreal, to wit } A ANDRE! OUIMET, esquire, of the No.436.MA.city of Montreal, in the district of Montreal, advocate, and Dame Charlotte Roy, his wife, widow by her first marriage of the late Toussaint Brosseau, in bis lifetime of Laprairie, in the said district, trader, the said Dame Charlotte Roy, by her said husband authorised to the effects of these presents, plaintiffs; against the lands and tenements of JOSEPH BROUILLARD, fils, of the parish of St.Constant, in the said district, yeoman, defendant :\u2014 \u20ac\u2018 An emplacement lying and situate in she parish of St, Constant, in the seigniory of La Salle, containing two arpents more or less in front by about three fourths of an arpent more or less in depth ; joining in front to the king\u2019s bighway of the Côte St.Constant, in rear to the river called river St.Peter, on one side to Joseph Benoit, and on the otber side to the said Joseph Brouillard, the son\u2014with two houses and other buildings and improvements thereon made.\u201d To be sold at the church door of the said parish of La- prairie, on the FIFTEENTH day of MARCH next, at TEN o'clock in the forenoon, The said Writ returnable on the first day of April next.BOSTON & BARRON, Sheriff.Sheriff's Office, 9th November, 1840._ [First published 12th November, 1840.] FIERI FACIAS.Montreal, to wit : HE Right Honorable EDWARD No.2088, ELLICE, of London, in that of the United Kingdom of Great Britain and Ireland, culled England, esquire, seignior and proprietor in pos- sessition of the fief and seigniory of Villechauve or Beau- barnuis, in the said districtof Monireal,now called Ann- field, plaintiff ; against the lands and tenements of LUC COUSINEAU, of the parish of Ste.Martine, in the sei- guiory of Villechauve or Beauharnois, in the said district, yeoman, defendant :(\u2014'* A: lot of land situated in the parish of Ste.Martine de Beauharnois, designated as number six, in tbe concession of Sturgeon River, in Williamstown, in the seigniory of Beauharnois, of three arpents in width by thirty arpents in length, forming ninety arpents in superficies more or less, as it may be found ; bounded in front by the front road of said concession, in rear by number oue in the first concession of Williamstown, on the north easterly side by number five, the property of Juseph Dubuc.and on the south westerly side Ly number seven, the property of Jacques Parré\u2014with a wooden house and other buildingsthereon erected.\u201d\u201d To be sold at the church door of the said parish of Ste.Martine, onthe FIFTEEN TH day of MARCH next, ut the hour of TEN of the clock in the forenoon.\u2018The Writ returnable oa the first day of April next BOSTON & BARRON, Sheriff Sheriff\u2019s Office, 9th November, 1540.[First published 12th November, 1840 ] ALIAS FIERi FACIAS.Montreal, to wit : || OUIS MATEAU, esquire, no- No.1348 } tary public, of the city and district of Montreal, plaintiff ; against the usufruct and enjoyment of the lands and tenements of AUGUS- TEN RICHER piv LAFLECHE, of St.Laurent, in the said district, yeoman, (now in the possession of Antoine Viger, of the city and district of Montreal, curator du'y appointed to the délaissement made in thiscause by the said Augustin Richer dit Lafleche, and mentioned and described in the schedule annexed tothe said writ, as follows, to wit,) defendant: \u2014*¢ The usufruct and enjoyment during the hfetime of Jean Baptiste Mallet, yeoman and gentleman, of St.Laurent, of a land situate at St.Laurent, in the said district, containing three arpents in front by twenty five arpents in depth; \"bounded in front by the king\u2019s bighway, in rear partly by Jean Baptiste Bertrand, and partly by the representatives Burns, on one side by George Hypolite Roy, and on the other side by Juseph Jérôme dit Latour\u2014 with a one story stone house, barn and other buildings thereon erected.\u201d \u2018Fu be sold at the church door of the said parish of >t.Laurent, on the FIFTEENTH day of MARCH next, at TEN o'clock in the forenoon, The said Writ returgable on the first day of April next.BOSTON & BARRON, Sheriff.Sheriff\u2019s Office, 9:h November, 1840.(First published 12th November, 1840.] FIERI FACIAS, Montreal, to wit : } WW cinisn PLENDERLEATH No.744.CHRISTIE, of the city of Montrea',in the district of Montreal.esquire, seiguior of the seigniory of Sabrevois, in the said district, plaintiff; against the lands and tenements of PIERRE HEBERT, residing at Barnier, in the parish of St.Johns, in the said district of Montreal, yeoman, defendant :\u2014*\u201cA land lying and being in the first concession of Westover\u2019s survey, in the seigniory of Sabrevois, known as [ot number nine, being four arpents in front by twenty eight arpents in depth, more or less, making one hundred and twelve arpents in superficies, more or less ; bounded to the east in front by the road leading from Henryville to St.Athanase, to the west in depth by conceded lands, to the south on one side by Joseph À.Gagnon, or his representatives, and to the north on the other side by Torrence Reily\u2014with a barn and a stable thereon erected.\u201d To besoldat the door of the catholic chapel in the parish of St.George, on the SEVENTH day of DECEMBER next, at the hour of TEN of the clock in the forenoon.The Writ returnable on the first day of February next.BOSTON & BARRON, Sheriff.Sheriff's Office, 1st August, 1840.[First published 6th August, 1840.] FIERL FACIAS.Montreal, to vit} OHN TORRANCE, and David No.238.Torrance, both of Montreal, in the district of Montreal, merchants, copartners in tradeat Montreal aforesaid, under the name and firm of John Torrance and company, plaintiffs; against the lands and tenements and other immoveable property of CHARLOTTE STEWART, of the same place, trader, widow of the late Christian Wagner, deceased, in his lifetime of Montreal aforesaid, trader, defendant :\u20141, *¢ The one undivided half of a rente constituée of the sum of one hundred and ninety three pounds thirteen shillings and four pence, current money of Lower Canada, upon the purchase of a certain lot of land situated in the St.Antoine suburbs, in the city of Montreal, in the said district, bounded in front by Mountain street, in rear by McAdam and Henry Blache, on oneside by Joseph Donegani, and on the other side by John Donegani, from François Donegani by Joseph Shuter, esquire, by acte dated eighth April one thousand eight hundred and thirty, constituted in favour of and payable to the late Christian Wagner, the late husband of the said defendant, which said undivided half is the property of the said defendant, as having been commune en biens with the said late Christian Wagner.2.The oneundivided half of sente constituée of the sum of two hundred and thirteen pougyi current money of Lower Canada, upon the purchasg@f™ lot of ground situate in the city of Montreal, forming the south angle of Lamontagne and Dorchester streets, and comprehended in the following limits : joining in frontte Dorchester street, in rear to the purchaser, on one side towards the north east to Lamontagne street, on the other side towards the south west to Henry Blache, from John Donegani, esquire, by Novemeer 12 Joseph Shuter, esquire, by acte of fifteenth April one thousand eight hundred and tbirty\u2014said rente constituted in favour of the late Christian Wagner, the late husband of the said defendant, and which said undivided half is the property of the said defendant, as having been commune ew biens with the said Christian Wagner.\u201d To be sold at our office, in the city of Montreal, on the SEVENTH day of DECEMBER next, at the hour of ELEVEN of the clock in the forenoon.The said Writ returnable on the first day of February next.BOSTON & BARRON, Sheriff.Sheriff's Office.1st August, 1840, { First published 6th August, 1840.] FIERI FACIAS.Montreal, to wit : ILLIAM FARQUHAR, of No.1300.§ Montreal, in the district of Montreal, trader, plaintiff ; against the lands and tenements of FELIX MERCURE, of the same place, trader, mentioned and described ii the schedule annexed to the said writ marked A, now in the possession of John Honey, of the same place, gentleman, curator duly appointed to the délaissement made by the said Felix Mercure, defendant :\u2014*¢ The north west half ofan emplacement situate in the Quebec suburb of the city of Montreal, and also the north west half of the house thereon erect- ed\u2014the said half such as it is now separated from the other half by a wooden plastered partition, and the half of the emplacement such as also separated by the fence now existing, containing forly feet in breadth in front, thirty five feet in breadth in rear, and eighty feet in depth, the whole more or less, without warranty of precise measure ; joining in front to St.Jenace street, in rear to the representatives of Charles O\u2019Brien, on one side to Mr.Provost, on the other side to Mrs.Melanby.\u201d\u201d To be sold at our office, inthe city of Montreal, on the SEVENTH day of D ECFMBER next, at TEN o\u2019cluck in the forenoon.The said Writ returnable on the first day of February next.BOSTON & BARRON, Sheriff, Sheriff's Office, Ist August, 1840.[First published 6th August, 1840.) FIERI FACIAS.Montreal, to wit : H UGH ROBERTSON, ofthe city No.of Glasgow, in that part of the United Kingdom of Great Britain and Ireland called Scotland ; the Honorable Joseph Masson, of the city and district of Montreal, John Strang, of the city and district of Quebec, and Charles Langevin, of the same place, alk esquires, merchants and copartners, carrying on trade and business together at Moutreal aforesaid, under the name and firm of Robertson, Masson, Strang and company, plaintiffs; against the lands and temements of DAVID HANDYSIDLE, of the parish of Montreal, in the district of Montreal, distiller and trader, defendant :\u2014 \u201c An emplacement situate at the west extremity of the St.Lawrence suburbs, of the city of Montreal, being number forty six of\u2019 the tirage au sort ofthe property of Benjamin Berthelet, esquire, of forty feet in frontby seventy two feet in depth ; bounded in front by Aylmer street, in rear by Thomas Philipps, on one side by number forty five belonging to Peter Dunn, and on the otherside by number forty seven belonging to Edward Kelly\u2014 with out buildings.\u201d To besold at our office, in the city of Montreal, on the SEVENTH day of DECEMBER next, at TWELVE o\u2019clock noen.The said Writ returnable on the first day of February next.BOSTON & BARRON, Sheriff.Sheriff\u2019s Offtee, ¥st August, 1840.[First published 6th August, 1840.] FIERI FACIAS.Montreal, gst NGELIQUE \u20acLAIREMON No, 1386.alias Clermont, heretofore of the city and district of Montreal, wife of Hébert Derome alias Derbum, of the said city and district of Montreal, and from him duly separated as to property, and authorised to prosecute the present action, plaintiff ; against the lands and tenements of MICHEL GUY, heretofore yeoman, of the parish of Laprairie La Magdeleine, and now carter, of the city and district of Montreal, defendant :\u2014* A land situate at La Pinière, in the parish of Laprairie La Magdeleine, of two arpents in front by thirty arpents in depth, the whole more or less ; bounded in front by the road of La Pinière, in rear by the main line (grande ligne,) on one side by François Brosseau and on the other side by Jean Baptiste Perron\u2014with a house, barn, stable and other buildings thereon erected.\u201d To be sold at the chureh door of the said parish of Laprairie La Magdeleine, on the SEVENTH day of DECEMBER next, at the hour of ELEVEN of the clock in the forenoon.The Writ returnable on the first day of February next.,Ç BOSTON & BARRON, Shariff.Sheriff's Office, 31st July, 1840.[First published 6th August, 1840.] FIERI FACIAS.Montreal, to wit : } UGH ROBERTSON, of the No.605.city of Glasgow, in that part of the United Kingdom of Great Britain and Ireland called Scotland ; the honorable Joseph Masson, of the city and distrietof Montreal ; John Strang, of the city and district of Quebec, and Charles Langevin, of the same place, all esquires, merchants and copartners, carrying on trade and business together at Montreal aforesaid under the name and firm of Robertson, Masson, Strang and company, plaintiffs ; against the lands and tenements of FRANCOIS RANGER and AMBROISE SENECA L, both of the parish of Ste.Marguerite de Blair- findie, in the district of Montreal, merchant and eo- partners, carrying on trade and business together at Blairfindie aforesaid, underthename and firm of Ranger and Sénécal defendants :\u20141, \u201cThe exact undivided half of an emplacement situate at the village of Ste.Marguerite of Blairfindie, in the parish of the same name, containing fifty seven feet in front by about ten perches in depth; bounded in front by the main street, in rear by Messire Joseph Crevier, on one side partly by Charles Dubé and partly by Leon Marchesseau, and on the other side by Gauthier and Bourgeois\u2014with a house and a blacksmith\u2019s shop adjoining the same thereon constructed, 2.An emplacement situate atthe same place, ofan irregular figure, and comprehended in the following houndaries : bounded in front by the main street, in rear partly by Jelly Reiss and partly by the little river, on one side by a little street, and on PURO STS Wem SAE og FTE TTT LL TTD 1840 GAZBTRA DB QUELLE, CCA the other side partly by Messire Crevier, partly by François Marchessean, and partly by Augustin Rei- gnier\u2014with a house, a stable and coach house thereon erected.3.The exact undivided half of a land situated in the same parish, of three arpents and a half in front by twenty five arpents In depth ; bounded in front by the little river Montreal, in rear by Mes-ire Crevier, on one side by the heirs Louis Bouchard, and on the other side by Augustin Reignier \u2014with a house, barn, stable and other buildings thereon erected.4.The exact undivided half of an emplacement situate at the village of Henryville, in the parish of St.George of Noyan, being number nineteen, containing elx perches and fifteen feet iv front by six perches and thirteen feet in depth ; bounded in front by the road leading to the Bay Missisquoi, iu rear by lot number fourteen of the second concession, on one side by lot number twenty and on the other side by the road leading to Christieville\u2014 with two houses, a barn, a hangard and other buildings thereon constructed.\u201d\u201d The said lots to be sold as follows :\u2014lots numbers one, (wo and three, at the chureh door of the parish of Ste.Marguerite de Blair- findie, ou the TWENTY.FIFTH day of JANUARY next, at TEN o\u2019clock in the forenoon ; and lot number four, atthe church door of the said parish of St.George de Noyan, on the FOLLOWING DAY, (TWENTY- SiX,) at thehour of TEN of the clock in the forenoon.The suid Writ returnable on the first day of February next, BOSTON & BARRON, Sheriff.Sheriff's Office, 19th September, 1840.[ First published 24th September, 1840.] FIERI FACIAS.Montreal, to wit : DAM FERRIE, of the No.1869.{ city of Montreal, in the district of Montreal, in the province of Lower Canada, merchant, trading at Montreal aforesaid, under the style and firm of Adam Ferrie and company, plaintiff ; against the lands and tenements of FRANCOIS BENJAMIN BLANCHARD, of the township of Kingsey, in the district of St.Francis, now in Montreal, in the said district of Montreal, trader, defendant :\u20141.\u2018\u201c À piece of ground situated between St.Joseph and St.Antoine suburbs, in the city of Montreal, containing three hundred and twenty eight feet in length by thirty six feet in breadih, the whole more or Jess ; bounded in front by a projected lane called St.Felix, of twenty feet wide, in the rear by Pierre Morin or his representatives, on one side by the continuation of St.Bonaventure street, and on the other side by rivière Prudhomme\u2014 without any buildings thereun erected.2.À lot of land situated in the St.Lawrence suburbs of the city of Montreal, containing thirty six feet in front by reventy two feet in depth, the whole more or less ÿ bounded in front by Aylmer street, in the rear by the property of Thomas Phillips, esquire, on one side by Patrick Brennan, or his representatives, and on the other side by Churles Tait, esquire, as representing Samuel Gerrard, esquire\u2014without any buildings thereon erected.\u201d To be sold at our office, in the city of Montreal, on the TWENTY-FIFTH day of JANUARY next, at the hour of TEN of the clock in the forenoon.The Writ returnable on the first day of February next.BOSTON & BARRON, Sheriff, Sheriff's Office, 19th September, 1840.[First published 24th September, 1840.] Dhevitf gs Sales.DISTRICT OF THREE RIVERS To wir: 4 Pueuic NOTICE is hereby given, that the undermentioned LAnDs and TENEMENTS have been seized, and will be sold at the respective times and places as mentioned below.All persons having claims on the same, are hereby required to make them known according to law ; all oppositions afin d'annuler, afin de distraire, or afin de char ge, except in cases of Venditioni Exponas, to which no such oppositions are by law allowed, are required to be filed with the undersigned, at his office, previous to the fifteen days next preceding ihe day of sale; oppositions afin de conserver may be filed at any time within (wo days next after the return of the Wirit.FIER] FACIAS.Three Rivers, to wit : § OSEPH BOISVERT, of the No.374, parish of St.David, in the county of Yamaska, in the district of Three Rivers, merchant ; against MICHEL THEROUX pir PAUL, of the aforessaid parish of St.David, in the county and district aforesaid, yeoman, to wit :\u2014** A land situate in the parish of St.David, in the seigniory of Déguir, being part of lot number three, of about two arpents in front by fourteen arpentz and nine feet in depth more or less ; joining in front, to the king\u2019s highway, in rear to Jonathan Wurtle, esquire, on the south west side to the said Jonathan Wurtele, and others and on the north east side to Paul Théroux dit Paul.Subject to the rights, charges, clauses, conditions and servitudes mentioned in the deed of concession of the said land in favour of the seignior of the seigniory whereof the same derives ; and subject also to a rent of three bushels of wheat, payable every year on the tenth day of December, to Mrs.Marie Godefroy, widow of the late Joseph Lucier, during her lifetime.\u2019 To be sold at the church door of the parish of St.David, on the FOURTEENTH day of MARCH next, at TEN o\u2019clock in the forenoon.The said Writ returnable on the thirtieth day of March next, I.G.OGDEN, Sheriff.Three Rivers, 7th November, 1840, [First published 12th November, 1840.] EE \u2014| NJ] OTICE IS HEREBY GIVEN, that from this dated MR.FREDERICK A.WILSON, Superintendant of the News Room, Montreal, has been appointed Agent in the District of Montreal, for the QUEBED GAZETTE, PUBLISHED BY AUTHORITY.He is empowered to collect and give receipts for all sums due, and to become due in the said district; and persons advertising in the Official Gazette, are requested to forward their Advertisements to the above named Agent.J.CHARLTON FISHER, Queen's Editor, &c.PRINTER.WILLIAM KEMBLE, Quebec, 12th April, 1888, RATIFICATIONS.DISTRICT OF QUEBEC.OFFICE OF THE PROTHONO- TARY OF HER MAjEsTY'S Count oF King\u2019s BENCH, FOR THE DISTRICT OF QUEBEC, the 21st day of September, 1840, Province of Lower Canada, District of Quebec.No, 1672.Ez parte\u2014 EDWARD BURROUGHS, esquire.UBLIC NOTICE is hereby given, that there has been lodged in the office of the prothonotary of the court of King\u2019s bench of and for the district of Quebec, a deed made and executed before Belleau and colleague, public notaries, on the twentielh day of March, in the year of our lord, one thousand eight hundred and thirty- two, and being in the french language, between GEORGE WELLING, esquire, merchant, and Dame Emilie Measam, his wite, by him well and duly authorized to the effect thereof, and François Xavier Methot, esquire, merchant, and Dame Dorothée Measam, his wife, by him well and duly authorized tothe effect there- ot\u2014the said Dames Welling and Methot being universal legatees each for a fifth of all the property moveable and immoveable left by the late William Measam, their father, in his lifetime of Quebec, burgess, according to his will, executed at Quebec, by Bélanger and colleague, Notaries, the thirteeuth day of February, one thousand eigth hundred and seventeen, and universal legatees also each for one fourth of the property, generally what- svever, left by the late Angelique Chamberland, their mother, according to her wil, executed at Quebec, before Ant.A.Parent and colleague, notaries, the fifth day of June, une thousand eight hundred and twenty- seven ; the said Dame Welling, a donee, moreover, lor a just half of all the rights of succession, moveable and immoveable, paternal and maternal, due and kecome due to Angèle Measam, her sister, now a professed nun in the monastery and convent of the Hotel-Dieu of Quebec, under the name of the sister St.George, by deed executed in her favor by the said Angèle Meusam, before the said Parent and colleague, notaries, on the first day of September, one thousand eight hundred and twenty- nine, the said Angele Measam, being universal legatee of the suid late William Meusam, also for one fifth and for one fourth of the said late Angelique Chamberland, her mother, by their aforesaid wills, and the said George Welling acting also as tutor in due form of law, elected on the second day of June, one thousand eight hundred and twenty-eight, to Joseph Martin Chinic and Guillaume Eugène Chinic, minor children, issue of the marriage of the late Joseph Martin Chinic, in his lifetime of Quebec, merchant, with the late Julie Measam, each of the said minors Clinic coming in for one half in a fifth of the property, moveable and immoveable left by the said William Measam, by representation of the said late Julie Measam, their mother, who was universal legutee fur one fifth of the said late William Measam, bis iather, by his aforesaid will; the said minors Chinic donees moreover, for the other hall of the said rights of succession of the said late Angéle Measaw, by the said deed of donation ; and the said Fraugois Xavier Methot, acting also in his quality of tutor in due form of law elected on the fifteenth day of October, one thousand eight hundred and twenty-nine, to Louise, Charlotte, Angele, Julie Measam, a minor child issue of the marriage of the late Joseph Meusam, in Lis lifetime of Quebec, student at law, withthe late Charlotte Elizabeth Ruel, the said minor Measam being universal legatee for one fonrth of the property, moveable and immoveable left by the said late Angelique Chamberland, according to the said will, and also universal legatee for one fifth of the said late Willian Measamn, by representation of the said late Juseph Measam, bis father, who was universal legatee of the said late William Measam, paternal grand father of the said minor, for one fifth, by his aforesaid will, all of the said city of Quebec, of the one part ; and EDWARD BURROUGHS, of the said city of Quebec, esquire, one of the prothonotaries of the court of king's bench for the district ot Quebec, of the other part;\u2014 being a sale by licitation, by the parties hereinbefore named of the first pari, to the said Edward Burroughs, of the second part, ot\u2014First\u2014\u201c A lot of ground wi- uated in the upper town of Quebec, upon Cape Diamond, of forty feet in front by sixty in depth, on the north east side, along the lot of ground of Jacques Rin- fret dit Malouin, by forty nine feet and a hall on the south west side, along the lot of gronnd of Pierre Boucher dit Believille, or his representatives joining on one end to the lot of ground of the said Jacques Rinfret dit Malouin, and on the other end to a street in prolongation of that called St, Denis, containing two thousand two hundred and ten feet in superficies\u2014together with the house thercon constructed, members and appurtenances, Secondly\u2014A lot of ground situated in the upper town ol Quebec, upon Cape Diamond, of thirty seven feet in front on St.François street, by eighty feet in depth; bounded in {ront by the said St.François street, and in rear, at the end of the said deph, by the heirs Measam, (and now by the said Edward Burroughs,) juining on one side to St.Denis street, and on the other side to the Sieur Jacques Malouin\u2014together with the house thereon cunstructed 3 and possessed the said lots of land and premises, by the said Edward Burroughs, during three years, immediately preceding the date of these presents.And public notice is hereby also given, that there bas been lodged in the office of the said prothonotary, a certain other deed, in the french language, made and executed before Mtre, Lindsay and colleague, notaries public, at Quebec, the seventh day of December, one thousand eight hundred and thirty six, being an agreement or constitution of servitudes, between the said EDWARD BURROUGHS, of the one part ; and FRANCOIS XAVIER MALOUIN, of the same place, master mason, of the other part ;\u2014whereby the said parties, being neighbours and proprietors of houses and lots and parcels of ground adjoining, situated upon Cape Diamond, of the upper town of Quebec, in St.François and St.Denis streets, as described on a plan tothe original of the said agreement annexed, signed by the said parties, agreed to the following servitudes, to wit :\u2014First\u2014Whereas the said François Xavier Malouin being then building a stable upon the depth of his lot, situated on the said St.François s:reet, it was agreed that he might, for himself, -bis heirs and assigns, build and place the roof of his stable, or of any other building that he might afterwards substitute, so as to give it an inclination upon the land of the said Edward Burroughs, at .he west of the said lot the said lot of land of the said Edward Burroughs, to be subject to the falling of the water from the said roof of the said building, subject to the reservation here- inafler mentioned.Secondly\u2014That the said François Xavier Malouin, bis heirs and assigns, shall continue to possess and enjoy exclusively, a passage of three feet six inches by two feet eight inches, marked on the said plan by the letter B., which passage is upon the north east purt of lot number one of the said Edward Burroughs, without the latter, his heirs or assigns bein able to obstruct it in any manner; the said Edwar Burroughs to have, exercise, for himself, his heirs and assigns, the right of constructing and placing the roof and covering of his stable, being number two on the said plan, or of any other building that he may put in the place of the said stable hereafter, so as to give the inclination of the said root and covering upon the lot of land adjoining belonging to the said Frangois Xavier Malouin, who and his heirs and assigns shall be bound to allow of the dropping of the water, in the same mane.ner as above stipulated in relation to his own building and the lot of ground of the said Edward Burroughs, Provided that the said parties their heirs and assigns, shall be bound at all times hereafter to have good and sufficient drains to receive the water dropping from the said roofs, with conductors to carry off the water into the canals nearest to the said buildings.Thirdly\u2014That the said Edward Burroughs, his heirs and assigns, shall have for ever, the right of draining the privies of his land, houses or buildings, number one, two and three upon the sald place, by drains already made or to be made, at the places marked on the said plan, passing over the lot or piece of ground of the said Frangois Xavier Malouin, and passing into the drain of the latter, which drain runs from the depth of the said lot to the public drain in St, François Xavier street oforesuid.And further, that all tbe said canals shall be and remain for the use in common, of the said parties their heirs and assigus, and shall be all, comprising that of the said Malouin as far us the place where it joins the public drain, for the future, kept up and repaired at the joint expense of the said parties, their heirs and assigns, without any of them being able hereafter, in any way, to obstruct the said canals, or alter their course, without the express consent in writing of the other party, his heirs and assigns ;\u201d and possessed the said servitudes, stipulated in favour of the said Edward Burroughs, us atoresaid, by the said Edward Burroughs, as proprietor, for the three years immediately preceding the date hereof.And all persons who may have or claim to have any pri- vil-ge or hypothèque under any title or by any means whatsoever, in and upon the said lots of land and premises, and upon the said servitudes, acquired by the said Edward Burroughs, immediately previous to and at the time the same were respectively acquired by the said Edward Burroughs, are hereby notified that application will be made to the Court, on the FIRST juridical day of FEBRUARY term next, for a sentence or judgment of confirmation, and they are hereby required to signify in writing their oppositions and file the same in the office of the said prothonotary eight days at least before that day, in default of which they will be for ever precluded from the right of doing so.PERRAULT & BURROUGHS, P, K.B.[First published 24th September, 1840.] Province of Lower Canada, OFFICE OF THE PROTHONO- District of Quebec.TARY oF HER MAJESTY'S Count or King\u2019s BEnca, FOR THE DisrricT or QUEBEC, at QukBEC, 6th day of October, 1840.No.1884.Ex parte\u2014 WILLIAM PETRY, REQUERANT.PuBLIC NOTICE is hereby given, that there has heen lodged in the office of the prothono- tary of the court of King's bench, of and for the district of Quebec, a deed made aud executed at Quebec, before Mtre.Voyer and his colleague, notaries public, on the twenty ninth day of June, one thousand eight hundred and forty, between WILLIAM GINGER, of the city of Quebec, gentleman, heretofore sergeant at arms of the legislative council of this province, of the one part ; and WILLIAM PETRY, of the said city of Quebec, esquire, merchant, of the other part ;\u2014being a sale by the said William Ginger to the said William Petry, \u2018\u201c Of a lot of ground or emp'ace- ment with an old stone house thereon erected, situate in the upper town of the city of Quebec, joining in front to the lane commonly called D'Auteuil lane (ruelle D' Auteuil) and communicating to D\u2019Anteuil and Ste.Ursule streets, which lot of ground is of a front of about ten feet only along the said lane, and runs on the same breadth towards its depth to a distance of about fifty three feet from the said lane, and is used in all that extent as a common passage with Mr, Morrison, Ruthven and Mrs.widow Woodward, at the end of which fifty three feet the said lot of ground widens and forms a square of about thirty six feet six inches long in front, that is to say, all the extent which is to be found lying between the property of the said purchaser and vendor, that of the widow Woodward and that of the widow Holmes, (the property of the said widow Woodward being of a depth of seventy two feet from Ste Ursule street, where the same has its front,) by about forty three feet in depth ; which extent of ground is inclosed between the properties of the said purchaser and vendor, and those of Messrs.Gillard, Holmes, Woodward and Ruthven, and is bounded in front towardc the south partly by that piece of ground above mentioned used as a common passage, and partly by the ground of Ruthven, extending to the said passage ; in rear towards the north by Gillard, on one side towards the west by the said vendor and purchaser, and on the other side towards the east by the said widow Woodward, Holmes and the extremity of a passage, the entry whereof is on Ste.Ursule street, and terminates on the said ground ;\u201d and possessed the said lot of ground by the said William Ginger, as proprietor, during the three years preceding the date of the said deed of sale, and since that said date by the said purchaser, also as proprietor.And all persons who may have or claim to have any privilege or hypothêque under any title or by sny means whatsoever in or upon the said lot of ground, immediately previous to and at the time the same was acquired by the said William Petry, are hereby notified, that application will be made to the said court, on the FIFTEENTH day of FEBRUARY next, for a s-ntence or judgment of confirmation, and they are hereby required to 14 TERE QUELEO GAGEUTS oe tm wns bee nee me.NoveEMBER 12 signify in writing their oppositions and file the same in the , office of the said prothonotary eight days at least before that day, in default of which they will be for ever precluded from the right of doing so.: PERRAULT & BURROUGHS, P.K.B.[First published 8th October.1840.] Province of Lower Canada, OFFICE oF THE PROTHONO- District of Quebec.TARY OF THE COURT OF KING\u2019s BENCH, FOR THE DISTRICT OF QUEBEC, AT QUEBEC, this lst day of October, 1840, No.1851, \u2018 J Ex parte\u2014P1ERRE BOISSEAU, esquire, applicant for letters of ratification.PVC NOTICE is hereby given, that there has been lodged in theoffice of the prothonotary of the courtof King's bench,of and forthe district of Quebec, two deeds made and executed before Mtre.Ls.Prevost and colleague, notaries public, at Quebec, one bearing date on the first day of March, one thousand eight hundred and thirty-nine, and the other on the sixteenth day of March, one thousand eight hundred and thirty-nine, between PIERRE BOISSEAU, esquire, merchant, of the city of Quebec, of the one part; and CHARLES SMITH, junior, esquire, merchant, of the said city of Quebec, of the other part ;\u2014the first deed being a sale by the said Charles Smith, to the said Pierre Boisseau, \"of a certain lot ot ground, situate in the lower town of Quebec ; bounded in front by St.Paul street, in rear by the end of the depth hereinafter mentioned, to wit : six hundred feet or to low water mark if the said Charles Smith, junior, has the right to low water mark, on the east side by John Lambly, and on the west side by St.Thomas street, containing thirty seven feet six inches, more or less in front, by six hundred feet in depth more or less, making twenty two thousand five hundred feet in superficies, more or less ; together with the dwelling house and out buildings thereon erected and being.The said lot of ground charged with the following rights of servitude, that is tosay : that John Lambly, esquire, of the city of Quebec, harbour master, his heirs and assigns, shall have the rights of using and enjoying a free and uninterrupted passage upon and over the aforesaid pro~ perty, so sold and conveyed, at four different paris thereof, when the said is intersected by the four projected public streets hereafter torun paralel with St.Paul street, each of the said passages to be fifteen feet wide running from the said John Lambly\u2019s property, on the east side of the property by the said deed sold, and over the same to St.Thomas street aforesaid, and to be used and enjoyed by the said John Lambly, his heirs and assigns, par droit de servitude for the purpose of communicating with St.Thomas street, either with carriages or otherwise, as he or they may think proper at all times hereafter, until the said projected streets are opened to the public ; but by the said deed it has been agreed, that the said passages are to be in common with the said Pierre Boisseau, his heirs or assigns, after the said Pierre Boisseau, his heirs or assigns shall have paid unto the said John Lambly, his heirs or assigns, such sum of money in capital and interest, which he, the said John Lambly, may be under the necessity of expending, in order to raise or level the said road through the property of the said Charles Smith, junior, for the purpose of making use of the same, and being now an open beach ; and the said road shall always be kept clear, open and unin- cumbered.Being the second deed a sale by the said CHARLES SMITH, tothe said PIERRE BOISSEAU, ¢¢ of all that lot of land situate in the lower town of the city of Quebec, fronting the lane leading to the wharf of John Jones, on which lot is erected a stonestore, four stories high, with vaults\u2014the said lot being forty one feet in front by fifty nine feet in depth, more or less; bounded in front towards the east by the said lane, in the rear towards the west, on which side it has right droit de vue by James McKenzie, on the north by the premises of the representatives of the late James Ross, and by those of James George, and on the other side towards the south by Joseph Tanguay and George Leslie, with the right of passage from St.Antoine street, twenty one feet in width, to the whole extent of the property towards the north boundary\u2014which lane is to remain open for the common benefit of the said lot of land and premises, and those of the said George Leslie and John Jones\u2014part of the said lot and premises being held in free and common soccage, and the other part within Her Majesty\u2019s domain ;\u201d\u2019 and the said lots of land having been possessed under titles of property, during the three last years as follows, to wit: the lot of land mentioned in the deed first hereabove mentioned, by the said Charles Smith, up to the date ofthe said deed, and the lot of land described in the deed hereabove secondly mentioned, firet by James George, merchant, of Quebec, up to the twelfth day of March, one thousand eight hundred and thirty eight, and from thence by the said Charles Smith, up to the date of the said deed ; and the said lots since the date of the sail deeds respectively, having been possessed by the said Pierre Boisseau, as proprietor thereof.And ail persons who may have or claim to have any privilege or hypothéque under any title or by any means whatsoever in or upon the said lots of land, immediately previous to and at the time the same were acquired by the said Pierre Boisseau, as aforesaid, are hereby notified, that application will be made to the said court, on FRIDAY, the TWELFTH day of FEBRUARY next, for a sentence or judgment of confirmation, and they are hereby required to signify in writing their oppositions and file the same in the office of the said prothonotary, eight days at least before that day, in default of which they will be for ever precluded from the right of doing so.l PERRAULT & BURROUGHS, P.K.B.[First published 8th October, 1840-] Province of Lower Canada OFFICE OF THE PROTHONO- District of Quebec.Ç TARY OF Her MAJEsTY\u2019s COURT oF Kinc\u2019s BENCH, at QUEBEC, the 30th day of September, 1840.No.1837.Ex parte\u2014GEORGE HOLMES PARKE.PUBLIC NOTICE is hereby given, that there has been lodged in the office of the prothonotary of the court of King\u2019s bench, of and for the district of Quebec, a Deed made and executed before L.T.MacPherson, and colleague, notaries, on the ninetenth day of September, tleman, of the one part; and GEORGE HOLMES P A R K E, of the said city of Quebec, merchant, of the other part ;\u2014being a sale by the said Charles Smith, junior, to the said George Holmes Parke, ¢ of a certain lot of land of an irregular figure, forming part and parcel of the property generally known under the appellation of Smithville, situated on the south west side of the Charlesbourg road, in the seigniory of Notre Dame des Anges, in the county of Quebec, in the district of Quebec, and province of Lower Canada, containing all the ground and premises which may be found within thelines and boundaries following, and which consists of about fifty three arpents of land in superficies, more or less, beginning on the north east side, at the southerly extremity of the lot or parce! of land thereby sold and conveyed, at the northerly angle of the fence of Archibald Laurie, where it joins the Charlesbourg road ; and thence, following the westerly side of the Charlesbourg road, in a northerly direction, to Commissioners\u2019 bridge, at the river Laret ; and thence, following the saidriver, in a westerly, northerly and southerly direction, according to its turns and windings, to its confluence with the river St.Charles ; thence, following the river St.Charles, down stream, to the property of the said Archibald Laurie, representing the said vendor; thence, in a northerly direction and afterwards in a north easterly direction, along the property of the said Archibald Laurie, to the Charlesbourg road aforesaid, the point of beginning ; bounded on the north and west sides by the aforesaid river Laret, on the south side in part by the river St.Charles, and in part by the said Archibald Laurie, and on the north east side in part by the said Archibald Laurie, andin part by the Charlesbourg road aforesaid, as shewn on the plan annexed tothe said deed signed by them the said Charles Smith, junior, and George Holmes Parke, together with all and every the roads, ways, dependencies and appurtenances and rights, and members of the said premises, and every of them, the whole without any exception or reserve ; the said lot of ground and premises belonging to the said Charles Smith, junior, as having, acquired the same with a greater extent of property from Charles Smith, senior, esquire, and Lucy Griffiths, his wife, under and by virtue of a certain deed of conveyance aud transaction, passed before Louis Pa- net and his colleague, notaries, at Quebec, on the seventeenth of July, one thousand eight hundred and thirty eight.The said lot of ground subject to the right of road to the said Charles Smith, senior and Lucy Grif- fiths, bis wife, their heirs and assigns, of twenty tour feet wide, to communicate from the Charlesbourg highway with their land or farm of the domain of Noire Dame des Anges, according to the reserve in that respect made in the aforesaid deed of the seventeenth of July, one thousand eight hundred and thirty eight;\u2019 and possessed by the said Charles Smith, senior, esquire, and Lucy Griffiths, as proprietors, for three years preceding the seventeenth day of July, one thousand eight bundred and thirty eight ; from thence to the nineteenth day of September, one thousand eight hundred and forty, by the said Charles Smith, junior, and since the said nineteenth day of September, by the said George Holmes Parke, as proprietors.Andall persons who may have or claim to have any privilege or hypotheque under any title or by any means whatsoever in or upon the said lot of land, immédiately previous tu and at the time the same was acquired by the said George Holmes Parke, are hereby notified, that application will be made to the court, ou THURSDAY, the ELEVENTH day of FEBRUARY next, fora sentence of judgment of confirmation, and they are hereby required to siguify in writing their oppositions and file the same in the office of the said prothonotary, eight days at least before that day, in default of which they will be ior ever precluded from the right of doing so.PERRAULT & BURROUGHS, P.K.B.(First published 8th October, 1840.] ABSENT DEBTORS.Province of Lower Canada, District of Quebec, } IN THE KING\u2019S BENCH, the 15th day of October, 1840.AUGUST BELMONT, of the city of New York, in the state of New York, one of the United States of America, merchant, Plaintiff ; Vs.WILLIAM M.BROWN, of the city of London, in that part of the United Kingdom of Great Britain and Ireland called England, junior, trader, lately residing at the city of Quebec, in the county and district of Quebec, Defendant.No.1696.HE court having seen and examined the evidence adduced filed and of record in this cause, and having heard the plaintiff by his counsel upon the motion of the twelfth instant, itis considered and adjudged that the said motion be granted, and that inasmuch as it appears by the return of the sheriff to the writ of saisie-arrét issued in this cause, that William M.Brown, junior, the defendant in this cause, cannot be found within this district, and hath no domicile therein, the said defendant be notified by two advertisements in the Quebec Gazette and in the Montreal Gazette to appear before this court and answer the suit and demand of August Belmont, the plaintiff in this cause, within two months after the first of such advertisement, pursuant to the ordinance in such case made and provided.PERRAULT & BURROUGHS, P.K.B.Province of Lower Canada, District of Quebec.IN THE KING'S BENCH, The sixteenth day of October, 1840.WILLIAM PHILLIPS, of the city of Quebec, in the county and district of Quebec, in the province of Lower Canada, esquire, Plaintiff ; vs.ANDRE\u2019 CHAVIGNY DE LACHEVROTIERE, of St.Joseph de Deschambault, in the said district, esquire, in his quality of curator in due form of law app inted to the vacant succession of Agathe Tarieu de Lanaudière, late of the parish of St.Vallier, in the said district, spiuster, one thousand eight bundred and forty, between.CHARLES SMITH, junior, of the city of Quebec, gen- deceased, Defendant ; | \u2014 and The said ANDRE CHAVIGNY DE LA- CHEVROTIERE, - No.536.HE court, having seen and examined the declaration of the garnishee in this cause made, and having beard the plaintiff by his counsel, upon his motion of the sixteenth day of October instant, it is considered and ordered avant faire droit, that the creditors of the estate of the late Agathe Tarieu de Lanaudière, do file their claims duly authenticated in the office of the prothono- tary of this court, on or before the first day of February next, to the end that such distribution of the monies in this cause attached so as aforesaid be made as to law and justice shall appertain, and to this end and effect that due notice be givenin the Quebec Gazette published by authority.PERRAULT & BURROUGHS, P.K.B.Province of Lower Canada, District of Montreal HN THE KING\u2019S BENCH, Tuesday, the sixth day of October, 1840.Garnishee, Present : The Honorable Mr.Justice PYKE, \u201c6 \u2018 Mr.Justice ROLLAND, \u201c \u201c6 Mr.Justice GALE, JOHN SAMUEL McCORD, of the city and district of Montreal, esquire, advocate, Plaintiff ; vs, FREEMAN RUGGLES FORBES, of Montreal, trader, Ariel Bowman, of Montreal, bookseller and printer, as having married Content P.Phillips, Content P.Phillips, of Montreal aforesaid, wife of the said Ariel Bowman, the said Freeman Rug- gles Forbes and Content P.Phillips, executors of the last will and administrators under the counsel and advice of John Forbes, of Russeltown, in the district of Montreal, lumber merchant, of the property of the late William Forbes, in his lifetime of Montreal, lumber merchant, and the said John Forbes, in his capacity of counsel to the said Freeman Ruggles Forbes and Content P.Phillips, No.1818.THE court, on the motion of Robert Mackay, esquire, of counsel for the said plaintiff, inasmuch as it appears by the sheriff\u2019s return to the Writ issued in this cause that Freeman Ruggles Forbes, Ariel Bowman, and Content P.Phillips, three of the defendants, have left their domiciles in this province, and cannot be fonnd in this district of Montreal, doth order that the said three defendants be, by two advertisements to be published in the Quebec and Montreal Gazettes, notified to appear and answer the plaintiff's demand within two months after the first of such advertisements, and that upon the said defendants, or any of them neglecting to appear and answer the said demand within the period aforesaid, it be permitted to the plaintiff to proceed to trial and judgment, against the said defendants or any of them neglecting so to appear, asin a cause by default, By the court, MONK & MORROGH, P.K.B.Province of Lower-Cauada, \u2019 District of Montreal.Fin THE KING SBENCH, Thursday, the ninth day of April, 1840.Defendants.Present : The Honorable Mr.Justice PYkE, sé és Mr.Justice RoLLAND, « ce Mr.Justice GALE, JOHN SAMUEL McCORD, of the city and district of Montreal, esquire, advocate, Plaintiff; vs, JOHN MARRIN, of the city of Montreal, gentleman, and Thomas Battle, of the same place, cooper, Defendant.No.1589.T is ordered on motion of Mr.Robert MacKay, of counsel for the plaintiff, that inasmuch as it appears by the sheriff\u2019s return to the writ issued in this cause, that John Marrin one of the defendants in this cause has left his domicile in this province, and cannot be found in this district of Montreal, the said defendant be, by two advertisements to be published in the Quebec and Montreal Gazettes, notified to appear in this court to answer the demand of the plaintiff within two months after the first of such advertisements, and that upon the said defendant\u2019s neglect to appear and answer the said demand within the period aforesaid, the plaintiff to proceed to trial and judgment, as in a cause by default.By the court, MONK & MORROGH, P.K.B.Province of Lower Canada, District of Montreal, | IN THE KING'S BENCH Saturday, the seventeenth day of October, 1840.Present : The Honorable Mr.Justice Pyke, ROLLAND.WILLIAM PLENDERLEATH CHRISTIE, of the city and district of Montreal, iu the province of Lower Canada, esquire, seignior in possession of the seigniory of Noyan, in the district of Montreal, Plaintiff ; Vs.ANTOINE BOISVERT, of the seigniory of Noyan, farmer, Defendant.No.2432.HE Court, on the motion of Messrs, McCord and Mac- kay, of counsel for the said plaintiff, inasmuch as ijt appears by the Sheriff's return to the Writ issued in this cause that the defendant has left his domicile in this province and cannot be found in this district of Montreal, doth order and direct that the defendant be, by two advertisements to be published in the Quebec and Montreal Gazettes, notified to appear and answer the demand of the plaintiff within two months after the first of such advertisements, and that upon the defendant\u2019s neglect to appear and answer the said demand within the period aforesaid, it be permitted to the plaintiff to proceed to trial and judgment, as in a cause by default.By the Court, MONK & MORROGH, P.K.B, 1840.GAZETTE DE QUEBEC 15 EE Province of Lower Canada, 1 District of Montreal.IN THE KING\u2019S BENCH, Saturday, the seventeenth day of October, 1840, Present : The Honorable Mr.Justice PYKE, [1] \u201c ROLLAND, WILLIAM PLENDERLEATH CHRISTIE, of the city and district of Montreal, in the province of Lower Canada, esquire, seignior in possession of the seigniory of Noyan, in the district of Montreal, Plaintiff ; vs.PIERRE TARTE.of the seigniory of Noyan, farmer, Defendant, No.2457.HE Court, on motion of Messrs.McCord and Mackay, counsel for the said plaintiff, inasmuch as it appears by the Sheriff \u2019s return to the Writ issued in this cause, that the defendant bas left his domicile in this province and cannot be found in this district of Montreal, doth order and direct that the defendant be.by two advertisements to be published in the Quebec and Montreal Gazettes, notified to appear and answer the demand of the plaintiff within two months after the first of such advertisements, and that upon the defendant\u2019s neglect to appear and answer the said demand within the period aforesaid, it be permitted to the plaintiff to proceed to trial and judgment, as in a cause by default, By the Court, MONK & MORROGH, P.K.B.Province of Lower Canada, District of Montreal.IN THE KING\u2019S BENCH, Monday, the nineteenth day of October, 1840.Present : The Honorable Mr.Justice PYKe, s¢ s< RoLLAND, « a GALE, WILLIAM PLENDERLEATH CHRISTIE, of the city \u2018 and district of Montreal, in the province of Lower Canada, esquire, seignior in possession of the sei- gnaiory of Noyan, in the district of Montreal, Plaintiff ; Vs.CHRISTIAN BRIDGE, of the seigniory of Noyan, farmer, Defendant.No.2461.Tur Court, on motion of Me srs.MeCord and Mackay, of counsel for the said plaintiff, inasmuch as it appears by the Sheriff \u2019s return to the Writ issued in this cause, that the defendant has left her domicile in this pro vince, and cannot be found in this district of Montreal, doth order and direct that the defendaut be, by two advertisements to be published in the Quebec and Montreal Gazettes, notified to appear and answer the demand of the plaintiff within two months after the first of such advertisements, and that upon the defendant\u2019s neglect to appear and answer the said demand within the period aforesaid, it be permitted to the plaintiff to proceed to trial and judg- sent, asin a cause by default.By the Court, MONK & MORROGH, P.K.B.Province of Lower Canaan, District of Montreal.§ IN THE KING'S BENCH, Saturday, the seventeenth day of October, 1840.Present : The Honorable Mr.Justice PYke, \u2018 sé Mr.Justice RoLLAND.WILLIAM PLENDERLEATH CHRISTIE, of the city and district of Montreal, in tbe province of Lower Canada, esquire, seignior in possession of the seigniory of Noyan, in the district of Montreal, Plaintiff: ve.ARCHIBALD McARTHUR, ef the seigniory of Noyan, farmer, Defendant.No.2439.THE Court, on the motion of Messrs, Mc- Cord and Mackay, of Counsel for the said Plaintiff, inasmuch as it appears by the Sheriff's return to the Writ jssued in this cause, that the Defendant has left his domicile in this Province and cannot be found in this District of Montreal, doth order and direct that the Defendant be, by two advertisements to be published in the Quebec and Montreal, Gazettes, notified to appear, and answer the demand of the Plaintiff within two months after the first of such advertisements, and that upon the Defendant's neglect to appear and answer the said demand within the period aforesaid, it be permitted to the Plaintiff to proceed to trial and judgment, asin a cause by default.By the Court, MONK & MORROGH, P.K.B.Province of Lower Canada, District of Montreal.IN THE KING\u2019S BENCH, Saturday, the Seventeenth day of October, 1840.Present : The Honorable Mr.Justice PYKE, 6 6 + ROLLAND.WILLIAM PLENDERLEATH CHRISTIE, of the city and district of Montreal, in the province of Lower { Canada, esquire, seignior in possession of the seigniory of Noyan, in the district of Montreal, Plaintiff : vs.PIERRE CARRIERE, of the seigniory of Noyan, farmer, Defendant.No.2447.r HE Court, on the motion of Messrs.McCord and Mackay, of Counsel for the said plaintiff, * inasmuch as it appears by the Sheriff\u2019s return to the Writ issued in this cause, that the defendant has left his domicile in this province and cannot be found in this district of Montreal, doth order and direct that the defendant be, by two advertisements to be published in the Quebec and Montreal Gazettes, notified to appear and answer the demand of the plaintiff within two months after the first of such advertisements, and that upon the defendant\u2019s neglect to appear and answer the said demand within the period aforesaid, it be permitted to the plaintiff to proceed to trial and judgment, as in a cause by default, By the Court.MONK & MORROGH, P.K, B, Province of Lower Canada, District of Montreal.hin THE KING'S BENCH, Saturday, the Seventeenth day of October, 1840.Present : The Honorable Mr.Justice Pyke, .\u2018 \u20186 + ROLLAND.WILLIAM PLENDERLEATH CHRISTIE, of the city and district of Montreal, in the province of Lower Canada.esquire, seignior in possession of the seig- niory of Noyan, in the district of Montreal, Plaintiff ; vs.ANDREW McDOO, of the seigniory of Noyan, farmer, Defendant.No.2453.r | Court, on the motion of Messrs.McCord and Mackay, of Counsel for the said plaintiff, inasmuch as it appears by the.Sherift\u2019s return to the writ issued in this cause, that the defendant has left his domicile in this province and cannot be found in this district of Montreal, doth order and direct that the defendant be, by two advertisements to be published in the Quebec and Montreal Gazettes, notified to appear and answer the demand of the plaintiff within two mouths after the first of such advertisements, and that upon the defendant's neglect to appear and answer the said demand within the period aforesaid, it be permitted to the plaintiff to proceed to trial and judgment, as in a cause by default, By the Court, MONK & MORROGH, P.K.8.Province of Lower tanada, | District of Montreal.[IN THE KING'S BENCH, Saturday, the Seventeenth day of October, 1840, Present : The Houorable Mr.Justice PYKE, ss cc \u201c ROLLAND.WILLIAM PLENDERLEATH CHRISTIE, of the city and district of Montreal, in the province of Lower Canada, esquire, seignior in possession of the seigniory of Noyan, in the district of Montr.al, Plaintiff ; vs.HIRAM FOSTER, of the seigniory of Noyan, farmer, Defendant.No.2440.\u2019ANHE Court, on motion of Messrs.McCord and Mackay, of Counsel for the said plaintiff, inasmuch as it appears by the Sherifi\u2019s return to the W rit issued in this cause that the defendant has left his domicile in this province and cannot be found in this district of Montreal, doth order and direct that the defendant be, by two advertisements to be p blished in the Quebec and Montreal Gazettes, notified to appear and answer the demand of the plaintiff within two months after the first of such advertisements, and that upon the defendants neglect to appear and answer the said demand within the period atorasaid, it be permitted to the plaintiff to proceed to trial and judgment, as in a cause by default.By the Caurt, MONK & MORROGH, P.K.B.Province of Lower Canada, _ District of Montreal.§ IN THE KING\u2019S BENCH, Tuesday, the thirteenth day of October, 1840.Present : The Honorable Mr.Justice PyYxE, \u2018s \u2018.Mr.Justice ROLLAND, WILLIAM PLENDERLEATH CHRISTIE, of the city and district of Montreal, in the province of Lower Canada, esquire, seignior in possession of the seig- piory of Sabrevois, in the district of Montreal, Plaintiff ; vs, THOMAS DOUGLASS, of the said seigniory of Sabrevois, in the district of Montreal, farmer.Defendant ; No.1976.7 YHe court, on the motion of Messrs McCord and Mackay, of counsel for the said plaintiff, inasmuch as it appears by the sheriff's return to the writ issued in this cause, that the defendant has left his demicile in this province, and cannot be found within this district of Montreal, doth order and direct that the defendant be, by two advertisements to be published in the Quebec and Montreal Gazettes, notified to appear and answer the demand of the plaintiff within two months after the first of such advertisements, and that upon the defendant\u2019s neglect to appear and answer the said demand within the period aforesaid it be permitted to the plaintiff to proceed to trial and judgment, as in a cause by default, By the Court, MONK & MORROGH, P.K.B.Province of Lower Canada, District of Montreal.IN THE KING\u2019S BENCH, Tuesday, the sixth day of October, 1840, Present : The Honorable Mr.Justice Pyxe, se \u201c Mr.Justice ROLLAND, se se Mr.Justice GALE.JOHN SAMUEL McCORD, of the city and district of Montreal, esquire, advocate, Plaintiff ; vs.FREEMAN RUGGLES FORBES, of Montreal, trader, Ariel Bowman, of Montreal, bookseller and printer, as having married Content P.Phillips, Content P.Phillips, of Montreal aforesaid, wife of the said Ariel Bowman, the said Freeman Ruggles Forbes and Content P.Phillips, executors of the last will and administrators under the counsel and advice of Jobn Forbes, of Russeltown, in the district of Montreal, lumber merchant, of the property of the late William Forbes, in hislife time of Montreal, lumber merchant, and the said John Forbes, in his capacity of counsel to the said Freeman Ruggles Forbes, and Content P.Phillips; No.1817.que court, on the motion of Robert Mackay, esquire, of counsel for the said plaintiff, inasmuch as it appears by the sheriff\u2019s return to the writ issued in this cause, that Freeman Ruggles Forbes, Ariel Bowman, and Content P.Phillips, three of the defendants, have left their domiciles in this province and cannot be found in this district of Montreal, doth order that the said three defendants be, by two advertisements to be published in the Quebec and Montreal Defendants ; Gazettes, notified to appear and an-wer the plaintiff's demand B within two months after the first of such advertisements, and that upon the said defendants or any of them, neglecting to appear and answer the said demand within the period aforesaid, it be permitted to the plaintiff to proceed to trial and judgment against the said defendants, or any of them neglecting s0 to appear, asin a cause by default.By the Court.MONK & MORROGH, P.K.B.Province of Lower Comp Distriet of Montreal, IN THE KING\u2019S BENCH, Tuesday, the thirteenth day of October, 1840.Present : The Honorable Mr.Justice Pyke, 6 \u201c Mr.Justice ROLLAND.WILLIAM PLENDERLFEATH CHRISTIE, of the cit and district of Montreal, in the province o Lower Canada, esquire, seignior in possession of the seigniory of Noyan, in the district of Montreal, Plaintiff; v8, HUGH SHERRIDAN, of the said seigniory of Noyan, in the district of Montreal, farmer, Defendant.No.1985 .HE Court, on the motion of Messrs.Mec- Cord and Mackay, of Counsel for the said Plaintiff, inasmuch as it appears by the sheriff\u2019s return to the Writ is sued in this cause, that the defendant has left his domicile in this province, and cannot be found in this district of Montreal, doth order and direct that the Defendant be, by two advertisements to be published in the Quebec and Montreal Gazettes, notified to appear and answer the demand of the Plaintiff within two months after the first of such advertisements, and that upon the Defendant\u2019s neglect to appear and answer the said demand within the period aforesaid, it be permitted to the Plaintiff to proceed to trial and judgment, as in a cause by default.By the Court, .MONK & MORROGH, P.K.B.Province of Lower Canada, ! District of Montreal.IN THE KING\u2019S BENCH, Saturday, the seventeenth day of October, 1840, Present : The Honorable Mr.Justice Pyke, os sc Mr, Justice RoLLAND, WILLIAM PLENDERLEATH CHRISTIE, of the city afd district of Montreal, in the province of Lower Canada, esquire, seignior in possession of the seigniory of Noyan, in the district of Montreal, Plaintiff ; ve.JOSEPH GIROUX, of the seigniory of Noyan, farmer, Defendant, No.2460.HE Court, on the motion of Messrs.; McCord and Mckay, of Counsel for the Plaintiff, inasmuch as itappears by the Sheriff\u2019s return to the Writ issned in this cause, that the Defendant has left his domicile in this province and cannot be found in this district of Montreal, doth order and direct that the Defendant be, by two advertisements to be published in the Quebec and Montreal Gazettes notified to appear and answer the demand of the Plaintiff within two months after the first of such advertisements, and that upon the Defendant's neglect to appear and answer the said demand within the period aforesaid, it be permitted to the Plaintiff to proceed to trial and judgment, as in a cause by default.By the Court.MONK & MORROGH, P.K.B.Province of Lower Canada, District of Monreal.} IN THE KING?S BENCH, Monday, the nineteenib day of October, 1840, Present : The Honorable Mr.Justice Pyke, \u2018\u201c ss RozLLAND, ss ss GaLE.AUGUSTUS CUTLER, ofthe township of Grenville, in the district of Montreal, gentleman, Plaintiff ; vs.GEORGE BROWN, ofthe same place, butcher trader and yeoman, , Defendant ; nd a ANNE DEVORY, of the same place, widow of the said Augustus Cutler, as well in her own name, as having been commune en biens with her said late busband, as in her capacity of tutrix to the minor children, issue of her marriage with the said Augustus Cutler, Plaintiff par reprise d'instance ; an RALPH HORNER, ofthe said township of Grenville, yeoman, Garnishee.No.2727.arnishee \"HE court, on motion of Messrs.Drummond and Lafontaine, of counsel for the said plaintiff par reprise d'instance, inasmuch as it appears by the return in this cause of the sheriff of (his district, that the said defendant, George Brown, cannot be found in this district of Montreal, and hath no domicile in the same, and that, io consequence thereof the said sheriff cannot serve upon him the writ of saisie-arrét or saisie conserva toire, and the declaration in this cause, doth order and direct, that the said defendant be notified by two advertisements published in the Quebec and Montreal Gazettes, and enjoined to appear before this court to answer the de mand of the said plaintiff par reprise d\u2019instance against the said defendant, within two months after the first of such advertisements, and that upon the neglect of the said defendant to appear as aforesaid, within the aforesaid specified period, the said plaintiff, par reprise d'instance, be permitted to proceed to judgment on the demand in this cause, as in a cause by default, By the court, MONK & MORROGH, P.K.B.TUE NR GR RO AEC 1 Le um mb La Ses Novemser 12 16 NES QUEBRC GAZBITE Province of Lower Canada, District of Montreal, IN THE KING\u2019S BENCH, Monday, nineteenth day of October, 1840.Present : The Honorable Mr.Justice PYkE, \u201c os ROLLAND, cc cc GALE.CATHERINE MAGGISON, of the city and district of : Montreal, wife of Robert Maggison, of the same place, whitesmith, duly authorised to sue and im- plead him, the said Robert Maggison, and to ester en jugement, Plaintiff ; > vs.\"I'he said ROBERT MAGGISON, Defendant.No.2001.HE Court, on motion of Messrs.Drummond and La Fontaine, of counsel for the Plaintiff, inasmuch as it appears by the return of the sheriff in the above case, that the said defendant cannot be found in this district, and that in consequence thereof the sheriff of the said district of Montreal cannot serve upon him the Writ of summons and the.declaration in this case, doth order that the said defendant be notified by two advertisements published in the Quebec and Montreal gazettes, and enjoin to appear before this court to answer the demand of the said plaintiff against him, the said defendant, within two months after the first of such advertisements, and that upon the neglect by the :aid defendant to appear and answer as aforesaid, within the aforesaid specified period, the said plaintiff be permitted to proceed to judgment on the demand in this cause, asin a case by default.By the court, MONK & MORROGH, P.K.B.Province of Lower Canada, District of Montreal.§ COURT or KING'S BENCH, Monday, the nineteenth day of October, 1840.Present : The Honorable Mr.Justice PYKE, 6 6 ss RoLLaND, oh ob at GALE The Honorable JOSEPH MASSON, esquire, of the parish of Terrebonne, in the district of Montreal, seignior in possession of the seigniory of Terrebonne, situate in the said district of Montreal, as also of the fiefs Laplaine and Lacorne, comprised in and making part of the said seigniory of Terrebonne, Plaintiff ; VS.ROBERT WILTSHIRE, of the parish of Mascouche, in the said district of Montreal, yeoman, Defendant.No.1230, VENME Court doth order, on motion of Messrs.L Peltier and Bourret, of counsel for the plaintiff, that inasmuch as it appears by the return of the Sheriff of this district, to the writ of summons in this cause issued, that the said defendant has left this province and cannot be found in the said district of Montreal, the said defendant be, by a notice published twice in the Quebec and Montreal Newspapers, summoned to appear and answer to the suit and demand of the said plaintiff, within two months after the first publication of the said notice, and in default by the said defendant to appear and answer to the said suit and demand, the said plaintiff be permitted to proceed and obtain judgment, as in a cause by default.By the Court, MONK & MORROGH, P.K.B.Province of Lower Canada, District of Montreal, IN THE KING'S BENCH, Monday, the nineteenth day of October, 1840, Present : The Honorable Mr.Justice Pike, \u201c6 se RoLLAND, 6 se GALE.The Honorable JOSEPH MASSON, esquire, of the parish of Terrebonne, in the district of Montreal, seignior, in the possession of the seigniory of Terrebonne, situate in the said district of Montreal, as also of the fiefs Laplaine and Lacorne, comprised in and making part of the said seigniory of Terrebonne, Plaintiff ; Vs, EDOUARD GARIEPY, of the same place, joiner, Defendant.No.1031.FEYHE Court doth order, on motion of Messrs, Peltier & Bourret, counsel for the plaintiff, that inasmuch as it appears by the return of the Sheriff of this district, to the Writ of Summons in this cause issued, that the said defendant Las left this Province and eannot Le found in the said district of Montreal, the said defendant be, by a notice published twice in the Quebec and Montreal newspapers, summoned to appear and answer to the suit and demand of the said plaintiff within two months after the first publication of the said notice ; and in default by the said Defendant to appear and answer to the said suit aud demand, the said plaintiff be permitted to proceed and obtain judgment as in a cause by default, By the Court, MONK & MORROGH, P.K.B.Province of Lower Canada, District of Montreal.} IN THE KING'S BENCH, Monday, nineteenth day of October, 1540.Present : The Honorable Mr.Justice PYKE, sf \u201c RoLLAND, '\" \u2018 GALE.The Honorable JOSEPH MASSON, esquire, of the parish of Terrebonue, In the district of Montreal, seignior in possession of the seigniory of Terrebonne, situnte in the said district of Montreal, as also of the fiefs Laplaine et Lacorne, comprised in and making part of the said seigniory of Terrebonne, Plaintiff ; VS, JOSEPH GAUTHIER, of the parish of Ste.Anne des Plaines, in the said district of Montreal, yeoman, Defendant.No.1039.HE Court doth order, un motion of Messrs.Peltier and Bourret, of counsel for the plaintiff, that inasmuch as it appears by the return of the Sheriff of this district, to tbe Writ of summons in this cause issued, that the said de.fendant has let: this province and cannot be found in the said district of Montreal, the said defendant be, by @ notice published twice inthe Quebec and Montreal newspapers, summoned to appear and answer to the suit and demand of the said plaintiff, within two months after the first publication of the said notice, and in default by the said defendant to appear and answer to the said suit and demand, the said plaintiff be permitted to proceed and obtain judgment as in a cause by default, By the Court, MONK & MORROGH, P.K.B.Province of Lower Canada, District of Montreal.{ IN THE KINK\u2019S BENCH, Monday, the nineteenth day of October, 1840, Present : The Honorable Mr.Justice Pike, \u201c 6 RoLLAND, 6 \u2018o GALE, The Honorable JOSEPH MASSON, esquire, of the parish of Terrebonne, in the district of Montreal, seignior in possession of the seigniory of Terre- bonne, situate in the said district of Montreal, as also of the fiefs Laplaine and Lacorne, comprised in and making part of the said seigniory of Terre- bonne, Plaintiff ; vs.PIERRE ALEXANDRE TRUDEAU, of the same place, joiner, Defendant.No.1041.HE Court doth order, on motionof Messrs.Peltier & Bourret, of counsel for the plaintiff, that inasmuch as it appears by the return of the Sheriff of this district, to the Writ of Summons in this cause issued, that the said defendant has Jeft this Province, and cannot be found in the said district of Montreal, the said defendant be, by a notice published twice inthe Quebee and Montreal newspapers, summoned to appear and answer to the suit and demand of the said plaintiff, within two months after the first publication of the said notice, and in default by the said defendant to appear and answer to the said suit and demand, the said plaintiff be permitted to proceed and obtain judgment as in cause of default.By the Court, MONK & MORRCGH, P.K.B.THE QUEBEC GAZETTE.PROVINCE OF LowEr CANADA, SYDENHAM.Vicroris, by the Grace of Gon of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith.To all to whom these Presents shall come or whom the same may concern\u2014GREETING : A PROCLAMATION.HEREAS Réné Kimber, Hugues Heney, Antoine Polette, Pierre Défossé and Valére Guillet, Esquires, under and by virtue of an Ordinance of the Governor of the said Province and of the Special Council for the affairs thereof, passed in the second year of Her Majesty\u2019s Reign, intituled, \u2018\u2018An Ordinance concerning the ¢ erection of Parishes and the building of Churches, ¢ Parsonage Houses and Church Yards,\u201d were nominated and appointed Commissioners for enquiring into and ascertaining the extent, limits and boundaries of the Parishes and subdivisions thereof within the District of Three Rivers, erected and established by ecclesiastical authorities alone since thie arrét of His most Christian Majesty, bearing date the third day of March, one thousand seven hundred and twenty-two ; And whereas the said Réné Kimber, Hugues Heney, Antoine Polette, Pierre Défossé and Valere Guillet, as such Commissioners as aforesaid, have made to our Governor General a return of their opinions, with a procè-sverbal of their proceedings, by which they describe and declare the limits and boundaries which they think most expedient to be assigned to the Parish of Saint Ursule, in the County of Saint Maurice, in the District of Three Rivers, which shall be composed of parts of the Parish of Saint Antoine of the Riviere du Loup and parts of the Parish of Saint Joseph of Maskinongé, and parts of the Seigniory of Saint Jean otherwise called des Ursulines of the Rivière du Loup and Grand Pré, in the said Parish of Saint Antoine of the Rivière du Loup, and of parts of the Seigniories of Maskinongé, Carufel and Lanaudière, in the said Parish of saint Joseph of Maskinongé, and shall be bounded on the North East by the Parish of Saint Léon Le Grand, on the North West partly by the Township of Hunterstown and partly by the North West Line of the Seigniory of Saint Jean, on the South West by the South\u2019 West Line of the said Seigniory of Saint Jean, thence descending about one league unto the North West Line of the property of one Antoine Billy otherwise called Antoine Saint Louis, yeoman, residing in the Fief or Seigniory of La- naudidre, thence continuing to the River Maskinongé, from there by the said River until the Line which separates, at the North East part of the said River, the lands of one lgnace Caron and one Olivier Caron, thence the said Line continued through the properties of François Paquin and Joseph Picotte, until it reaches the front road of La Carrière, in the Fiet Saint Jean, thence in a direct line on the other side of the said road by the Line which divides the properties of Ignace Lessard and Joseph Urimard in the same Fi f, until it reaches the Little Kiver du Lou», thence continuing to the Line which separates, on the North East of the last ment'oned River, the Lands of Joseph Bastien from those of Julien Saint Louis, the said Line thence continued between the lands of Nicholas Paquin and of the said Julien Sa:nt Louis until it reaches the point of departure, the Line of the Parish of Saint Léon Le Grand.\u2019 Now TlHergrotEr Know YE, that We, of our especial grace and by virtue of the Ordinance above mentioned, have thought fit to issne this Proclamation.and do by these Presents confirm and establish the aforesaid limits and boundaries to be and remain those of the Parish of Sainte Ursule, in the said District of Three Kivers, and We have ordained, made, constituted, erected and declared, and by these Our Letters l\u2019atent do ordain, make, constitute, erect and declare the said Parish of Sainte Ursule to be a Parish for all Civil purposes, agreeably to the provisions of thie aforesaid Ordinance, IN TEsTIMONY whereof We have caused these onr Letters to be made Patent, and the Great Seal of Our said Proviuce of Lower Canada to be hereunto affixed.Wirness Our Trusty and well Beloved The Right Honorable CHARLES Baron SypenHAM, of Sydenham, in \u2018the County of Kent and of Toronto in Canada, Governor General of British North America, and Captain General and Governor in Chief in and over Our Provinces of Lower Canada and Upper Canada, Nova Scotia, New Brunswick and the Island of Prince Edward, and Vice Admiral of the same.At Our Government House, in Our City of Montreal, in Our said Province of Lower Canada, the Twenty-Third day of October, in the year of Our Lord one thousand eight hundred and forty, and in the Fourth year of Our Reign.D.DALY, Secretary of the Province.OFFICE OF CROWN LANDS, Quebec, 16/2 September, 1840.TH, following Memorandum is published by order of His EXCELLENCY THE GOVERNOR GENERAL, for the information of persons wlio may be desirous to purchase surveyed, unoccupied, Crown Lands :\u2014 1.\u2014The practice of sale by auction at an upset price will be discontinued.2.\u2014 All surveyed lands will be sold at a fixed price.Those in the county of Ottawa and on the south bank of the St.Lawrence, to the west of the Kennebec road, at 6san acre ; all other lands at 4s.an acre.8.\u2014No payments of purchase money will be received by instalment, but the whole purchase moucy must be paid at the time of sale.4 \u2014Periodical sales will be discontinued, but every individual desirous of obtaining unoccupied Crown Lands will bave the power of doing so, by payment to the Commissioners of Crown Lands of the stipulated price per acre.5.\u2014On the payment of that price the purchaser will receive.fromthe Commissioners of Crown Lands, a receipt which will entitle him to enter on the land which he has purchased ; and arrangements will be made for issuing to him his patent without delay.6.\u2014These alterations will not affect in any way the regulations established by Her Majesty\u2019s Government in regard to grants to Naval-and Military Odicers.3m-1 OFFICE OF CROWN LANUS, Quebec, 10th August, 1840.OTICE to persons who have settled upon Waste Lands of the Crown, without tithe, and who were actual and bond fide settlers previous to the 10th day of September, 1838.Public Notice is hereby given that His Excellency the Governor General having heen pleased to fix the price of Crown Lands.and to cause the same to be publickly advertized by this Department, under date of 22nd July last, all persons claiming pre-emption, under the Earl of Durhany\u2019s proclamation of the 31st October, 1838, must fyie the vouchers and certificates required in compliance with the terms thereof within six months from the date of the advertisement fixing the price of Crown Lands, in default of which all right of pre-emption will cease and determine on the 22nd January next.NOTICE.HEREAS the interest of Mr.JAMEs PevNsoy WINTER, in the following lots of land, that is to say\u2014lot No.40,in Hopetown, and lot Ne.1, in Port Daniel Townships, in the county of Bonaventure, was on or about the tenth day of September last, setup and sold at sheriff\u2019s sale, in the said county ; Now 1 do hereby give notice that I am seized and possessed of an undivided fourth part of thesaid lots of land, and I therefore forbid all persons, buying, or medling with the said land, for or by reason of the said sherifi\u2019s sale or otherwise, as I shall prosecute as trespassers any person or persons who shall enter upon, use, occupy or improperly interfere with the said property, without my consent ; and i further give notice that I am disposed to sell my undivided fourth share in the said property.on moderate terms, to any person desirous of purchasing the same.I also furbid any person or persons trespassing on lot No.13, inthe \u2018fownship of Port Duniel, in the county of Bonaventure, belonging to me, as 1 shall proceed against such to the utmost rigour of the law\u2014this prop-rty, with a good house and barn thereon, may also be had on reasonable terms.Apply post paid to me, at Bathurst, New- Brunwick.ALEXANDER McNEIL.Bathurst, N.B.10th October, 1840.c NOTICE.JH RRORS having sometimes occurred in printing the names of parties to official advertisements in this Guzette, owing to ILLEGIBLE MANUSCRIPT sent to the office for publication, it is particularly requested that all persons having occasion to advertise, will be careful in LEGIBLY TRANSCRIBING such proper names, so asta avoid all mistakes and inconvenience in this respect.J.CHARLTON FISHER, Editor of the Quebec Gazette by Authority.Official Quebec Gazette Office, ; 25th July, 1839 FOR SALE BY T.CARY $ Co, Gold bordering, and ornaments, Toy Colours, Embossed Letter and Note Paper, Drawing Paper of all sizes, Port.fullos\u2014various shige, 1840.au GAZETTE DE QUEBEC.SYDENHAM.Reine du Royaume Protectrice de Province du Bas-Canada.VICTOR :A, par la Grâce de Dieu, Uni de la Grande Bretagne et d\u2019Irlande, la Foi, A tous ceux qui les présentes verront, ou qu\u2019ivelles peuvent concerner, Salut : \u2014 PROCLAMATION.TTENDU que René Kimber.Hugues Heney, Antoine Polette, Pierre Defossé et Valére Guillet, écuyers, sous et en vertu d\u2019une Ordonnance du Gouverneur de la dite Province et du Uonseil péeial pour les affaires d\u2019icelle, passée dans la seconde année du règne de Sa Majeste, Intitulée, ** Ordonnance concernant l\u2019érection des Paroisses, \u201c\u201c et la construction et réparation des Eglises, Presbytères :* et Cimetières,\u201d\u201d ont été nommés Commissaires pour s enquérir et constater l\u2019étendue, les limites et les bornes des Paroisses et des subdivisions de Paroisses dans le District des \u2018Trois Rivières, érigées ou établies par les autorités Ec- clésiasiiques seules, depuis l\u2019Arrêt de Sa Majesté Très Chrétienne, en date du troisième jour de Mars mil sept cent vingt-deux ; Etattendu que les dits René Kimber, Hugues Heney, Antoine Polette, Pierre Defossé et Valère Guillet, en leur qualité de Commissaires comme susdit, ont fait à notre Gouverneur-Général un rapport de leurs opi- ions avec un procès-verbal! de leurs procédés, par lesquels ils décrivent et déclarent les lim'teset bornes qu\u2019ils croient qu'il est le plus expédient d\u2019assigner à la paroisse de Sainte Ursule, dans le Comté de St.Maurice, et district des \u2018Trois Rivières, laquelle doit se composer de parties de la paroisse St.Antoine de la Rivière du Loup, et de parties de la paroisse Saint Josesh de Maskinongé.et de parties de la seigneurie de Saint Jean autrement dite des Ursulines le lu Rivière du Loup etde Grandpré dans la dite paroisse Saiut Antoine de la Rivière du Lonp, et de parties des seigneuries de Maskinongé, Carufel et Lanaudière dans la dite paroisse Saint Joseph de Maskinongé, et sera bornée au nord est par la paroisse de Saint Léon-ie-Grand, au nord ouest partie par le Township de Hunterstown, et partie par la ligne nord ouest de la seigneurie de Saint Jean, au sud ouest par la ligne sud ouest de la dite seigneurie de Saint Jean, de là descendant environ une demi-lieue, jusqu\u2019à la ligne nord ouest de la propriété d\u2019un nommé Antoine Billy autrement dit Antoine Saint-Louis, cultivateur, résidant dans le fief ou seigneurie de Lanaudière, de là continuant jusqu\u2019à la rivière Maskinongé, delà par la dite rivière, jusqu\u2019à la ligne qui sépare, à la partie nord est de la dite rivière, les terres d\u2019un nommé Ignace Caron, et d\u2019un nommé Olivier Caron, delà la dite ligue continuée à travers les propriétés de François Paquin et de Joseph Pi- cotte, jusqu\u2019à ce qu\u2019elle atteigne le chemin de front de la Carrière dans le fief Saint Jean, delà en droite ligne, de l\u2019autre côté du dit chemin, par la ligne qui divise les propriétés d\u2019Ignace Lessard et de Joseph Grimard dans le même fief, jusqu'à ce qu\u2019elle atteigne la Petite Rivière du Loup, delà continuant jusqu'à la ligne qui sépare, au nord est de la rivière mentionnée en dernier lieu, les terres pe Joseph Bas- tien de celles de Julien Saint-Louis, la dite ligne delà continuée entre les terres de Nicholes Paquin et du dit Julien Saint Louis, jusqu'à ce qu\u2019elle atteigne ie point de départ, la ligue de la paroisse de Saint Léon le Grand.A ces Causes, savoir faisons que nous, de notre grâce spéciale et en vertu de l\u2019ordonnance sus-mentionnée, avons jugé À propos d'émettre cette proclamation ,et par ces présentes con - firmons et établissons les susdites limites et bornes pour être et demeurer celles de la paroisse de Sainte Ursule, dans le district des Trois-Rivières, et nous avons érigé et constitué la dite paroi se de Sainte-Ursule, et avous ordouné, fait et déclaré être icelle, comme par nos présentes lettres- patentes nous l\u2019érigeons et constituons et l\u2019ordonnons, faisons et déclarons être une paroisse à toutes fins civiles, conformément aux dispositions de la susdite ordonnance.EN foi de quoi nous avons fait rendre nos présentes lettres patentes, et à icelles fait apposer le grand sceau de notredite Province du Bas-Canada.TEMozrN notre féal et bien aimé le Très-Honorable Charles Baron Sydenham, de Sydenham au comté de Kent et de Toronto en Canada, Gouverneur-Général de l\u2019Amérique Septentrionale Britannique, et Capitaine Général et Gouverneur en Chef dans et pour nos Provinces du Bas- Canada et du Haut-Canada, de la Nouvelle-Ecosse, du Nouveau-Brunswick et de l'ile du Prince Edouard, et Vice- Amiral d'icelles- A notre Hôtel du Gouvernement en notre cité de Montréal, dans notre dite Province du Bas-Ca- nada, le vingt-troisième jour d\u2019Octobre, dans l'année de Notre Seigneur mil huit cent quu- rante, et la quatrième année de notre règne.D.DALY, Secrétaire.BUREAU DES TERRES DE LA COURONNE, QUEBEC, 16e SEPTEMBRE, 1840.E Memorandum suivant est publié par l\u2019ordre de Son L ExCELLENCE LE GOUVERNEUR GENERAL, pour l\u2019information de personnes qui désireraient acheter des terres arpentées et vacantes de la Couronne, 1.\u2014La pratique de vente par encan à mise à prix sera discontinuée.2 \u2014Tontes terres arpentées seront vendues à un prix -fixe ; celles qui se trouvent dans le comté de l\u2019Ottawa et sur le bord sud du St.Laurent, à l\u2019ouest du chemin Ken- nebec, à 6s.par acre\u2014toutes autres terres, à 4s, l\u2019acre, 3 \u201411 ne sera point regu d'argent pour accompte sur prix d\u2019achat, mais la somme entière devra être payée au moment de la vente.4.\u2014 Les ventes périodiqnes n'auront plus lieu, mais tout individu désirant obtenir des Terres vacantes de la Couronne aura le pouvoir de ce faire en payant aux Commis- GAZBITE DB QUEBEC, saires des Terres de la Couronne le prix convenu par acre.5.\u2014Sur payement de ce prix, l'acquéreur recevra un reçu des Commissaires des Terres de la Couronne, lequel lui donnera le droit de prendre possession de la terre qu\u2019il aura achetée, et il sera pris des mesures à ce que ses Patentes soient émanées sans délais.6.\u2014Ces changements n\u2019affecteront en aucune manière les réglements établis par le Gouvernement de Sa Majesté par rapport aux concessions qui sont faites aux Officiers de la Marine et Militaires.BUREAU DES TERRES DE LA COURONNE, Québec, 10e Août, 1840.AVS A crux qui se sont établis sans titre sur les terres incultes de la Couronne, et qui étaient effectivement et bond fide établis antérieurement au 10 de Septembre, 1838.Avis Public est par le présent donné qu\u2019ayant plu a Son Excellence le Gouverneur Général de fixer le prix des terres de la Couronne, et de le faire annoncer publiquement par ce Département, en date du 22 Juillet dernier, toutes personnes réclamant préemption en vertu de la proclamation du Comte de Durham, du 81 d\u2019Octobre, 1838, doivent filer les pièces justificatives et certificats requis en conformité aux expressions d\u2019icelle, d\u2019ic: à six mois, à compter de la date de l\u2019avertissement qui fixe le prix des Terres de la Couronne, à défaut de quoi tout droit de préemption cessera et sera déterminé le 22 de Janvier prochain.Ventes par le Sherif.DISTRICT DE QUEBEC.Savoir: { Avis PUBLIC est par le présent donné, que les TERRES et HERITAGES sous-mentionnés oni été saisis, el seront vendus aux tems et lieux respectifs, tel que mentionne ei-bas.Tuules personnes ayant des reclamations eur iceux, sont par le présent requises de les faires connuître suivant la loi ; toutes oppositions afin d'annul r, afin de distraire, ou afin de charge, excepté dans les cas de Venditioni Exponas, dans lesquels cas la loi ne permet pas telles oppusitions, sont requises d'être filées au bureau du suussigné avant les quinze jours qui précédersut immédiatement le jour de vente; les oppositions afin de conserver peuvent être filées en aucun tems dans les deux jours après le retour de I\u2019Ordre, Writ, VENDITIONI EXPONAS.Québec, à savoir : | THI Ye ROBERTSON, écuyer, No.1700.de Glasgow, dans cette partie du Royaume-Uni de la Grande Bretagne et de l\u2019irlande appelée Ecosse, et autres ; contre JEAN BAPTISTE CARRIER, de la paroisse de St.Henri, dans le comté de Dor- chester, dans le district de Québec, marchand, et Dame Ursule Fatris, de la susdite paroisse de St.Henry, épouse du dit Jean Baptiste Carrier, et dûment autorisée à ester en justice ; la dite Dame Ursule Patris étant substituée en les place et lieu du dit Hugh Robertson et autres, pour procéder à la vente de l\u2019immeuble suivant, à savoir :\u2014'\u2018\u2018 Une terre située dans la paroisse de St.Heuri de Lauzon, de trois arpents et demi de front sur vingt neuf de profondeur ; bornée en front à la rivière Etchemin, et en arrière au bout de la dite profondenr, au sud ouest au chemin de la concession nommée Plaisance, et au nord est à Antoine Boulanger, François Letellier et Joseph Letourneau\u2014avec la maison, étables, et potasserie dessus construites, circonstances et dépendances, sans néanmoius comprendre dans la dite terre les cinq emplacements suivants, lesquels en doivent être distraits ; le premier, d\u2019un arpent et un quart de front sur un demi arpent de profondeur\u2014le deuxième, d\u2019un demi arpent de large sur un arpent de haut\u2014le troisième, de six perches de front sur cinq perches de profondeur\u2014le quatrième, d\u2019un demi arpent de large sur un arpent de baut\u2014le cinquième, de trois quarts d\u2019arpent de large sur Un arpent de haut, avec les maisons et bâtisses érigées sur les dits emplacements.Le premier appartenant à Laurent Gosselin ; le deuxième à Louis Gautron dit Larochelle : le troisième à Henri Morin ; le quatrième à Charles Le- mieux, et le cinquième à Louis Gautron dit Larochelle.La dite terre sujette envers le seigneur de la seigneurie de Lauzon, aux droits de banalité et de retrait s\u2019ils existent daus les titres de concession d\u2019icelles, et à toutes les clauses, charges, conditions, restrictions et réserves portées aux dits titres de concession.Exception étant premièrement faite de cette partie reclamée dans et par l'opposition afin de distraire de Louis Gautron dit Larochelle, et le jugement sur icelle.\u201d\u2019 Pour être vendueàù la porte de l\u2019église de la dite paroisse de St.Henry, le VINGT-QUATRIEME jour de NOVEMBRE courant, à DIX lieures du matin.Le dit Writ retournable le premier jour de Février prochain.W.S.SEWELL, Shérif, Bureau du Shérif, 2e Novembre, | 840, [lremière publication 5e Novembre, 1840.] VENDITIONI EXPONAS.Québec, à savoir + ove MILLER, de la paroisse No.1986.de Kamouraska, dans le comté de Kamouraska, dans le district de Québec, marchand ; contre OL1VIER MARTIN, dela dite paroisse de Kamcu- raska, dans le dit comté de Kamouraska, dans le district de Québec susdit, maintenant à Québec, À savoir : \u2014\u2018 Un emplacement sis et situé à St.Louis de Kamouraska, près de l\u2019église de la dite paroisse, contenant trois quarts d\u2019arpeut de profondeur plus ou moins, sur un demi arpent de front plus ou moins ; borné au nord au fleuve St, Laurent, au sud à Charles Sénéchal, au nord est partie à Jérémie Duval, partie à Gabriel Phaneas dit Raimond et partie à Jean Baptiste Taché, écuyer, et par le sud ouest à Pierre St.Jone dit Sergerie\u2014avec maison et autres bâtisses sus construites, Avec réserve de la maison et circuit de terre qui se trouve enclavés dans l'emplacement ci-haut dit, appartenant à Hilary Migné dit Lagacé, suivant ses titres.Le dit immeuble à être vendu à la charge du droit de retrait, de banalité et autres droits auxquels le dit immeuble peut être chargé en faveur du seigneur dulieu.Sujet aux différentes charges réelles et redevances mentionnées dans l\u2019opposition afin de charge de Dame Julie Larueet le jugement sur icelui,\u201d\u201d Pour étre vendu à la porte de l\u2019église de la dite paroisse de St.Louis de Kamouraska, le TRENTIEME jour de NOVEMBRE courant, à DIX heures du matin.Le dit Writ retournable le premier jour de Février prochain, W.S.SEWELL, Shérif, Bureau du Shérif, Ze Novembre, 1240.[Première publication 5e Novembre, 1840 ] VENDITIONI EXPONAS, Québec, à savoir :) LEXANDER MORISON, de No.1677.la cité de Québec, dans les comté et district de Québec, maitre tonnelier ; contre FRANCOIS GUAY alias Gay, de la paroisse de St.Joseph de la Pointe Lévy, dans le comté de Dorchester, dans le district de Québec, cultivateur, 3 savoir :\u2014* Deux arpents de terre de front environ sur trente de profondeur, situés au dit lieu de la Pointe Lévy, village communément appelé Trampsouris ; bornée d\u2019un côté au nord est à Hilaire Samson et de l'autre côté au sud ouest partie à Henry Guay et partie à la route, au nord à la ceinture des terres du premier rang, et ausudà la dite profondeur\u2014 ensemble avec la grange et autres bâtisses dessus construites, circonstances et dépendances.Sujets aux différentes charges réelles et redevances mentionnées dans l\u2019opposition afin de chacge de Dame Isabella Carter McLean, et le jugement rendu sur iceux.\u201d\u201d Pour être vendus à la porte de l\u2019église de la dite paroisse de St- Joseph de la Pointe Lévy, le VINGT-QUATRIEME jour de NOVEMBRE courant, 8 DIX heures du matin.Le dit Writ retournable le premier jour de Février prochain.W.S.SEWELL, Shérif.Bureau du Shérif, 2e Novembre, 1840.[Première publication 5e Novembre, 1840.] VENDITIONI EXPONAS.Québec, à savoir : } AMES SCOTT, de Glasgow, en No.2176.cette partie du Royaume Uni de la Grande Bretagne et d'Irelande, appelée Ecosse, et autres ; contre JONATHAN REINHART, de la paroisse du Cap Santé, dans le comté de Portneuf, dans le district de Québec, marchand de bois, et un autre, à savoir :\u2014Î.\u2018\u201c Une terre comprenant les numéros huitet neuf, dans la concession St.Jean, seigneurie de Neuville, paroisse du Cap Santé, contenant cent quatrevingt arpents en superficie, étant de trois arpents chaque numéro, sur trente arpents de profondeur ; bornée par devant à la route de la concession St.Jean, et par - derrière au Lout de sa dite profondeur, joignant d'un côté au sud à Michael Bagley et d\u2019autre côté au nord à un nommé Lowe, circonstances et dépendanres\u2014le tout en bois debout.2.Une terre étant le numéro six dans la concession St.Charles, contenant environ cent quatrevingt arpents eri superficie, située en la dite seigneurie de Neuville, susdite paroisse du Cap Santé ; bornée par devant à la dite route de la concession St Charles, et par derrière à la rivière Port- neuf, joignant d\u2019un côté au nord à Denis Dugan, et d'autre côté an sud à M.S.G.Gaucher, écuier, chirurgien\u2014le tout en bois debout.Sujette aux différentes charges réelles et redevances mentionnées dans les deux oppositions afin de charge d'Edouard Larue et autres, et le jugement sur icelles.\u201d\u201d Pour être vendues à la porte de l\u2019église de la dite paroisse du Cap Santé,le TRENTIEME jour de NOVEMBRE courant, à DIX heuresdu matin.Le dit Writ re- tournable le premier jour de Février prochain.W.S.SEWELL, Shérif.Bureau dn Shérif, 3e Novembre, 1840.[ Première publication 5e Novembre, 1840.] VENDITIONI EXPONAS.Québec, à savoir } A NDRE\u2019 BROCHU, de la pa- No.663.roisse de St.Gervais, dans le comté de Bellechasse, dans le district de Québec, fermier contre ANTOINE FOURNTER, le fils, du même lieu, fermier, et Thomas G.Launière, écuier, de la dite parvisse de St.Gervais, et autres, opposants à la folle enchère, coûts et charges de Frederick Goulet, de St, Gervais, cultivateur.à savuir :\u2014\u2018 Une terre d\u2019un arpent et demi de front sise et située à Saint Gervais, en le deuxième rang des concessions d\u2019icelle paroisse, seigneurie de St, Michel, sur quarabte arpents plus ou moins de profondeur ; bornée en front à la terre de Louis Proulx et en profondeur à celle de François Lantagne, joignant au nord est à Antoine Fournier, et au sud ouest à Louis Audet\u2014sans bâtisses dessus construites, circonstances et dépendances.Sujette aux droits de banalité, retrait, cens et rentes, lods et ventes, et autres droits seigneuriaux, et de toutes les charges et conditions envers les seigneurs du lieu\u2014le tout conformément au titre de concession du ditterrein.\u201d\u201d Pour être vendue à la porte de l'église de la dite paroisse de St.Gervais, le TRENTIEME jour de NOVEMBRE courant, à DIX heures du matin, Le dit Writ retournable le premier jour du Février .ri-chain.W.S.SEWELL, Bureau du Shérif, 10e Novembre, 1840.[Première publication 12e Novembre, 1840.] dusf VENDITIONI EXPONAS.Québec, à savoir : {HENRIETTE LIZOTTE, de la : No.1353 § RB paroisse de Ste.Anne de La Pocatière, dansle comté de Kamouraska, dans le district de Québec, épouse de John Smith, écuyer, capitaine de : inilice, dnement autorisée à ester en justice contre son dit époux ; contre le dit JOHN SMITH, dudit lieu, et Jean - François Cazes, cultivateur, des paroisse, comté et district - susdits, opposants, à la folle enchère coûts et charges de la - dite Henriette Lizotte, à savoir :\u20141.¢ Un lot de terre situé en les premier et second rangs dela paroisse Ste.Anne, contenantsixarpents en superficie plus ou moins, qui borne au côté nord est à la rivière St.Jean, au sud est à la même rivière, au sud ouest partie au chemin du roi, nommé Route du Moulin Banal, et partie à Victor Pelletier, Amable Bélanger, Vincent Kith et Urbain Martin, parle nord ouest à la digue de roche qui est au pied de la côte et auterrein de Henry Sautier\u2014avec la maison, hangar et autres bâtisses dessus construites.Ce terrein et bâtisses étaient l\u2019ancien domaine et manoir, cour et jardin de feu Lauchlin Smith, écuyer, vivant seigneur de la seigneurie de la dite paroisse Ste Anne.2.Un circuit de terre situé en le dit premier rang des concessions de la dite paroisse Ste.Anne, contenant deux arpents de front sur la profondeur qu\u2019il peut avoir\u2014borné comme suit : au bout nord ouest à la dite rivière, au bout sud est au premier lot, au côté sud ouest à Clovis Potvin, et au nord est au lot de terre ci- après désigné, et à veuve Bazile Martin.3 Un lot de terre situé en le dit premier rang de la dite paroisse Ste.Anne, contenant tont le front qu\u2019il y a entre le circuit de terre ci-devant désigné en deuxième lien, la dite rivière et le terrein d\u2019Hypolite Pelletiér, sur toute la profondeur qu\u2019il y a à prendre par le bout nord ouest partie à la dite rivière St.Jean et partie à Hilaire Guy et veuve Bazile Martin, à aller vers le sud est au premier lot ; borné aux deux côtés et au deux bouts aux endroits susdits.A la charge prem èrement, au droit d'habitation qu\u2019a la dite Dame Smith par son contrat de mariage eur le premier lot\u2014 deuxièmement, avec réserve du chemin privé qui appartient y Augustin Martineau, écuyer, marchand, de la paroisse. 18 THER QURBERG GAZGETTR Novemser IZ EE Ste.Anne, sur les premier et troisième lots\u2014troisièmement, au droit de passage pour les adjudicataires des deuxième | et troisième lots sur le premier lot, peur communiquer de ces deux lots au chemin du roi, nommé route du moulin- ratrièmemert, à la charge de tousles droits seigneuriaux, cotapris les droits conventionnels auxquels ces trois lots de terre peuvent être chargés envers Phonorable Amable Dionne, seigneur du lieu, par les titres de concessions d\u2019iccux et par des conventions postérieures faites entre le dit Sieur seigneur et ses prédécesseurs seigneurs de la dite seigneurie et les possesseurs des dits terreins, par actes authentiques.\u201d Pour être vendus à la porte de l\u2019église de la dite paroisse de Ste.Anne La Poca- tière, le NEUVIEÈME jour de DECEMBRE prochain, à DIX heuresdu matin.Le dit Writ retournable le premier jour de Février prochain.® P W, S.SEW ELL, Shérif.Bureau du Shérif, FÜe Novembre, 1840.[Première publication 12e Novembre, 1840 } FiERL FACIAS.Québec, A savoir: QUIS GAGNON, de la paroisse No.2274.§ de St.Pierre de la Baie St.Paul, dans le comté de Soguenay, dans le district de Québec, ancien cultivateur ; contre ADOLPHE GAGNON, de.la paroisse de St.Pierre de la Baie St.Paul susdite, dans les comté et district susdits, marchand, et en les mains de Jean Baptiste Landry, huissier audiencier de la cour du Banc du Roi, curateur au délaissement fait en cette cause, Asavoir :\u2014\u2018\u201c\u201c Deux arpents et einq perches de terre de front sur la profondeur de cinquante quatre arpents, sis et situés à-l\u2019endroit nommé la Guudronnerie, en la paroisse de St.Pierre de la Baie St.Paul ;-bornés par.devant à la rivière du Gouffre, par derrière au: bout de la dite profondeur, joignant les tenanciersde la concession St.Ours, d'un côté au nord par Etienne Gagnon, etde l\u2019autre côté au sud ouest à Louis Doré\u2014avee les bâtisses dessus construites.Le dit immeuble sujet à la charge des droits de banalités et de retrait, et autres droits seigneuriaux dont le dit immeuble est tenu envers.les sei- gueurs du-lieu.\u201d Pour être vendus à la pome-de l\u2019église de la dite paroisse de St.Pierre et St.Paul, le PREMIER jour de DECEMBRE prochain, à DEX heures du matin.Le dit Writ retournable le premier jour de Février prochain.W, S.SEWELL, Shérif Bureau du Shérif, 28e Juillet, 1840.[Première publication 80e Juillet, 1840 J\u2019 ALIAS FIERL FACIAS.Québec, äsavoir : RANCOIS XAVIER DROLETTE,.No.2260.¢ \"de la paroisse de St.Roch de Québec, dans les comté et district de Québec, maître jardinier ; contre GERVAIS D'OUTIL, ci.devant de la dite paroisse de St.Roch de Québec, maintenant de la paroisse de St.Gervais, dans le comté de Bellechasse, dans le district de Québec, marchand, à savoir :\u2014\u2018* Un demi emplacement faigant le coin sud-ouest des rues Craig et rue de la Reine, contenant trente deux pieds ou environ de front, sur \u20acinquante pieds ou environ de profondeur ;, borné en devant par la dite rue de la Reine, en arriere par le hangar construit sur le terrein de Sieur Prisque Huot, au sud-est par la dite rue Craig, et du côté sud ouest par un poteau qui se trouve environ dans le milieu.du terrein qui se trouve entre l\u2019emplacement sus-vendu et la propriété du dit vendeur\u2014avec ensemble la maison dessuss construite, circonstances et dépendances.\u201d Pour être vendu À la.porte de l\u2019église de la dite paroisse de St.Roch.de Québec, le DOUZIEME four de JANVIER prochain, à.DIX heures du matin.Le dit Writ retournable le premier jour de.Février prochain.W.S.SEWELL, Shérif.Bureau du Shérif, 5e Septembre, 1840.[Première publication 10e Septembre, 1840.] ALIAS FIERTF FACIAS.Québec, à sor NDRE\u2019 BOURASSA, de la pa- No.830, roisse de St, Jean Chrysostôme, aus le comté de Dorchester, dans le district de Québec, eultivateur 5 contre JEAN BAPTISTE PELTIER, du même endroit, épicier, à savoir:\u20141, \u2018\u201c Un terrein situé eo Ja paroisse de St.Jean Chrysostôme, au lieu vommé New Liverpool, ayant deux cent quatrevingt dix pieds de front ou environ, surenviron cent quatrevingt pieds de profune- deur ; borné en front vers le nord par le fleuve St.Laurent, au sud dans la profondeur au pied du cap, d'un côté à Youest par Hubert Roberge, et de l\u2019autre côté à l'est par Jean Baptiste Guenet\u2014avce trois batisses dessns construites.Duquel terreis doivent être distiaits trois petits emplacements appartenauts aux Sieurs Dubord et Guay.et à Madame Hardy, 2.Un autre terrein situé au ditlieu de New Liverpool, de cinquante pieds de front ou environ sur cent soixante pieds ou environ de profondeur ;.borné: en front au nord par le fleuve St.Laurent, en-profondeur au sud au pied du Cap, d'un côté à l\u2019ouest par Jean Baptiste Guenet, et d\u2019autre côté à l\u2019est par Macready\u2014avee bâtisses dessus cunstruites, 3.Une terre située en la paroisse Ste.Marie, seigneurie St.Etienne, village St.Henry, numéro quaraute, contenant Quatre arpenis et demi ou environ de front sur trente arpents de profondcur ; borné par devant au.trait quarré des terres de la concession St, Mathieu, et par derrière au bout de la dite profondeur à la ligne seigneuriale entre les seigneuries Linière et St.Etienne, joignant au sud ouest à ln ligne seigneuriale entre les seïgneuris de Beaurivage et de St.Etienne, et au nord est A la terre numéro trente veuf\u2014cir- constances et dépendanees.\u201d\u201d Pour être vendus comme suit :\u2014lots nnméros un et deux, à la porte de l\u2019église de la dite paroisse de St.Jean Chrysostôme, le DOUZIEME jour de JANVIER prochain, à DIX heures du matin; et lot-numéro trois, à la porte de l\u2019église de la dite paroisse de Ste.Marie, le dit DOUZIEME jour de JANVIER prochain, à DIX heures du matin, Le dit Writ retournable le premier jour de Février prochain.W.8.SEWELL, Shérif.Bureau du Shérif, 5¢ Septembre, 1840, [Première publication 10e Septembre, 1840.] versus AVERTISSEMENT.A VIS est par le présent denné, que tous avertissements d'Ex parte applications puur Confirmation de Titre, publiés dans la GAZETTE de QUEBEC FAR AUTORITE, doivent être payés aux Agents à Québec et Montréal, respectivement, après la première et avant la seconde insertion de tout tel Avertissement.Ce règlement doit être strictement observé, car la seconde insertion n\u2019aura pas lieu, hormis que Je paiement en soit fait comme susdit.J.CHARLTON FISHER, Editeur G.Q.P, A, Québec, 1899, ~~ Utes par le Sherif.DISTRICT DE MONTREAL.Savoir: t Avis PUBLIC est par le présent donné, que les FERRES et HERITAGES sous-inënlionnés- out été- saisis, et seront vendus aux tems et lieux respectifs, tel que mentionné ci-bas.\u2018l'outes personnes ayant des reclamatious sur iceux, sont par le présent requises de les faire connoitre suivant la lois toutes oppositions afin d'annuler, afin de distraire, ou.afin de charge, excepté dans les cas de Venditioni Exponas, dans lesquels cas la loi ne permet pas teiles oppositions, sont requises d\u2019être filées à notre bureau avant les quinze jours qui precé- deront immédiatement le jour de veule;.les oppositions afin de conserver peuveut.être filées en aucun tems duns.les.deux.jours apiès le retour de l\u2019Ordre, W.rit.FIERI EACIASS Montréal, à.savoir :.1, F LL \u2018Lrès-Honorable EDWARD- No.2088.} .ELLICE, de Londres, en cette partie du Royaume Uni de la.Grande Bretagneet de l\u2019Irlande appelée Angleterre, écuyer, seigneur et.propriétaire en possessian des fief.et seigueurie de Villechauve ou.Beau- harnois, dans le dit district de Montréal, maintenant appelée Anntield,, demandeur ; contre les terres et ténements-de LUC COUSINEAU, dela paraisse de Ste.Martine, dans la seigneurie de Villechauve ou Beauharnois, daus le dit district, cultivateur, défendeur:\u2014*Un lot de terre situé dans la.paraisse de Ste.Martine de Beauharnois, désigné comme numéro six, dans la concession de la Rivière à.l\u2019E- turgeon, (Sturgeon River), dans Williamstown, dans la seigneurie de Beauharnois, de trois arpents de largeur sur trente arpents de profondeur, formant quatrevingf-dix arpents en supe1ficie plus ou moins, tel qu\u2019il peut se trouver ; borné.en devant par le chemin de front de la dite concession, en arrière par numéro un de la première concession de : Williamstown, au côté-nord est par numero cinq, la propriété de Joseph Dubuc, et au côtésud ouest par numéro sept, la propriété de Jacques Parré\u2014avec une maison de bois et autres bâtisses dessus érigées.\u201d\u201d Pour &re vendues à la porte de l'église de la.dite paroisse de Ste.Martine, le QUINZIEME jour de MARS prochain, à.DIX heures du matin.Le dit Writ retournable le premier jour d\u2019Awvril prochain, BOSTON & BARRON, Sherif, Bureau du Shérif, 9e Novembre, 1840.: FIERL FACIAS.Montréal, à.savoir : ILLIAM PÉEN- No.744, $ -Ÿ DERLEATH CHRISTIE,.de la cité de Montréal; dans-le-district de Montréal, écuyer, seigneur de la seigneurie de-Sabrevois, dans le dit district,.demandeur ;.contre les-terres et ténements-de PIERRE HEBER HT, résidant à.Barnier, dans la paroisse de St.Jean, dans le dit district de Montréal, cultivateur, défendeur :\u2014\u201c\u2018Une terre sise et étant dans-la première con= cession de l\u2019arpentage de W-estover, dans la seigneurie de Sabrevois, connue comme lot numéro neuf, étant de quatre arpents de front sur vingt huit arpents de profondeur, plus ou, moins, faisant une superficie de cent douze arpents, plus.on moins ; bornée en devant à lest; par le chemin qui conduit de Henryville à St.Athanase, à l\u2019ouest en profondeur par des terres concédées, au sud d\u2019un côté par Joseph A.Gagnon où ses représentants, et de l\u2019autre côté au nord.par Turrence Reily\u2014avec une grange et une étable dessus construites.\u201d\u201d Pour être vendue à.la porte de la chapelle catholique, en la paroisse de St.George, leS EPTIEME.jour de BECEMBRE prochain, à.DIX.beures-du matins.Le Writ retournable le premier jour de Février prochain.BOSTON & BARRON, Shérif.Bureau du Shérif, ler Août, 1840.[Première publication 6e Août, 1840.] FIERI.FACIAS.Montréal, à savoir : W en FARQUHAR, de No.1360.$ Montréal, dans le-district dè Montréal, commerçant, demandeur ; contre les terres et ténements de FELLX MERGURE, du même lieu, commerçant, mentionnés et désignés dans use cédule jointe au dit Writ marquée A, maintenant en la pussession da John Huney, du- même lien, gentilhomme, curaleur dû- ment nommé au déluissement fait par le dit Felis Mercure, détendeur:\u2014\u2018\u201c La moitié-du côté du-nord ouest d\u2019un eme plaeement situé au faubourg Québee de la ville de Mout- réal, et de la moitié aussi du.nord- ouest de lu maison.dessus construite\u2014la- dite moitié telle qu'elle egt actuellement séparée de l\u2019autre moitié par un colombage de pièces, et la moitié de Vemplacement tel qu'il se trouve aussi séparé-par la clôture qui existe actuellement, contenant quarante pieds de largeur sur le devant, trente cinq pieds de largeur sur le derrière, et quatrevingt piess- de profondeur, le tout plus ou moins, sans garantie de- mestire précise ;.tenant par devant àlarue St Ignace, {Première publication 12e Novembre, 1640.] | par derrière aux représentants de Charles O\u2019Brien, d\u2019un FIERI FACIAS.Montréal, à savoir : OSEPH D\u2019AOUST, de la pa- No.1532.§ roisse de St.Luc, dJaus le district de Moat: éal, seigneur en possession de la parue de Pest de la seigneurie de L'Isle Perrot, située dans le district de Montréal, demandeur ; contre les terres et ténemenis de Demoiselle MARIE SOPHIE JOBIN, de la parvisse de Ste.Jeaune de l'Isle Perrot, dans le dit dis=.trict, fille majeure et usant de ses droits, défenderesse : \u2014 and possessed the said two lots of grounds or emplacements by François Payet dit St.Amous and Catherine Mille- jours, his wife, as proprietors, during the three years last preceding the date of the said deed of sale, and from thence hitherto by the said Pierre Elie and Mtre, Joseph Augustin Labadie, also as proprietors.And all persons who may have or claim to have any privilege or hy pothéque under any title or by any means whatsoever in or upon the said lots of ground or emplacements, immediately previous to and at the time the same were acquired by the said Mtre.Joseph Augustin Labadie, are hereby notified, that application will be made to the court, on MONDAY the FIRST day of FEBRUARY next, for a sentence of judgment of confirmation, and they are hereby required to signify in writing their oppositions and file the same in the office of the said prothonotary, eight days at least before that day, in default of which they will be for ever precluded from the right of doing so.MONK & MORROGH, P.K.B.Prothonotary\u2019s Office, Montreal, 2nd September, 1840.[First published 17th September, 1840.] Province of Lower Canada District of Montreal.No.204 Ex parte\u2014JACQUES DESAUTELS.UBLIC NOTICE is hereby given, that there has beenlodged in the office of the prothonotary JINTHEKING\u2019SBENCH.' HNTHE KING'S BENCH.of the court of King\u2019s bench, ot aud for the district of CABLE DE QUEREG, PERRIER Moutreul, a Deed made and executed before Mtre.J A.Labadie, and his colleague, notaries public, on the twelfth day of March, one thousand eight hundred and forty, between FRANCOIS XAVIER CASTONGUEZ, saddler, Antoine Benjamin Castonguez, wheel-wright, and Joseph EdouardCastonguez,tinsmith, all three residing in the parish ofSte.Magdeleine deRigaud, in the district of Muntreal,uf the one part;andJ ACQU E> DESAUTLELS, master cooper, residing in theSt.Lawrence suburb of the said city of Montreal, of the other part ;\u2014being a sale by the said Francois Xavier Castonguez, Antoine Benjamin Castonguez, and Joseph Lidonard Castonguez,the said sale duly ufirmed and ratified by Dame Marcelline Vallée, wife of the said Fraugois Xavier Castonguez, Dame Lmcélie Vaile, wife of the said Antoine Benjamin Castonguez, and Dame Marie Reine Mongenait, wife o! the said Joseph l and possessed the said emplacement by the said veudors, as proprietors, during the three years last preceding the date of the said deed of sale, and from thence nitherto by the said purchaser, And all persons who may have or claim to have any privilege or hypothéque, under any tile or by any means whatsoever, in or upon the said emplacement, immediately previous to and at the time the same was acquired by the said Jacques Desautels, are hereby notified, that application wiil be made to the couri, on the FIRST day of FEBRUARY term next, for a sentence of judgment of confirmation, and they are hereby required to signify in writing their oppositions and file the same in the othce of the said prothunotary, eight days at least before that day, in default of which they wall be for ever precluded trom the right ot doing so.MONK & MURROGH, ?P.K.B.Prothonotary\u2019s Office, Montreal, 31st July, 1840.~ i First published 17th September, 1840.] Province of Lower Cunada, District of Montreal.INTHE KING'S BENCH.No.207.Ex parte\u2014MILES WILLIAMS.UBLIC NOTICE is hereby given, that P there has been lodged in the office of the prothonotary of the court of King\u2019s beuch, of and for the district of Montreal, a Deed wade aud executed before Mire.J, A.Labadie and his colleague,notaries public, on the seventh day of May one thousand eight hundred and forty, between Dame J U- LIE BLACHL, residing in the city of Moutreal, widow of the late Charles Picard, in his lifetime of the said city of Montreal, master butcher, as well in her own name as having been commune en biens with the said late Charles Picard, her husband, as in her capacity of legal tutrix to Julie,aged eighteen years,Sophie,aged sixteen years, Phœbe, aged fourteen years, Charles, aged twelve years, Léocadie, aged mae years, Lucie, aged six years, and Anastasie, aged four years, minor children issue of Ler marriage with the said Charles Picard, her late husband, and Antoine Demers dit Dumais, of the said city of Montreal, master buicher, in his capacity of tutor jointly appointed with the said Dame Julie Blache to the said minors, the said Dame Julie Blache and the said Antoine Demers dit Dumais duly authorized to thesaid deed, in their said qualities of tutors, by avis de parents et amis of the said minors, homologated in justice by the honorable Samuel Gale, esquire, one of the justices of the court of king\u2019s bench, of and for the district of Montreal, dated the sixteenth April one thousand eight hundred and thirty eight, whereof a copy remains annexed to the said deed, of the one part ; and MILLS WILLIAMS, brewer, residing in the said city of Montreal, of the other part ;\u2014 being a sale by the said Dame Julie Blache and the said Antoine Demers dit Dumais, in their said names and qualities, to the said Miles Williams, *¢ of a lot of land situate in the said city of Moutreal, on the north east side of the road used as a communication between St.Mary\u2019s suburb and Côte de la Visitation,commonly called Papineau road,(chemin Pupineau) containing one hundred and eighty feetin front by one hundred and forty five feet in depth ; bounded in front by the said chemin Papineau,in rear hy the representatives of the late Handley, on one side by the representatives of the late Alexander Hart, esquire, andon the other side by the honorable Louis Guy\u2014with two houses, a slaughter house, and other buildings thereon erected ; as the whole now is with all and every the members and appurtenances thereto belonging ;\u201d\u2019 and possessed the said lot of land partly by the honcrable Louis Joseph Papineau, and partly by the said late Charles Picard, the suid Dame Julie Blache, aud the minor children issue of the marriage of the said late Charles Picard, with the said Dame Julie Blache, as proprietors, during the three years last preceding the date of the said deed of sale, and from thence hitherto by said purchaser, also as proprietor.Aud all persons who may have or claim to have any privilege or hypotheque under any title or by any means whatso ever inor upon the said lot of land,immediately previous to and atthe time the same was acquired by the saidMilesWilliams, arc hereby notified that application will be made to the court, on theF1RST day of FEBRUARY term next,for a sentence of judgment of confirmation, aud they are hereby required to signify in writing their oppositions and file the same in the office of the said prothonotary, eight days at least before that day, in default of which they will be for ever precluded from the right of doiug so.MONK & MORROGH, P.K, B.Prothonotary\u2019s Office, Montreal, 13th July, 1840, { First published 17th September, 1840.] Cc 2 CR Province of Lower Canada, s District of Montreal.JIN THE KING 5 BENCH.No.208, Ex parte \u2014-JOHN MORGAN, UBLIC NOTICE is hereby given, that there has been lodged in the office of the prothonotary of the courtof King's bench, of and for the district of Montreal, a Deed made and executed hefore Mtre J.A Labadie and his colleague, notaries public, on the twenty scventh day of June, one thousand eight hundred and forty, between Mr.BARTHELEMY LAPORTE, ofthe city of Montreal, master carpenter and trader, and Mrs.Marie Boisseau, his wife, by him duly authorized to the effect of the said deed, of the one part ; and Mr.JOHN MORGAN, of the said city of Montreal, manufacturer of putty and journeyman, of thie other part ;\u2014being a sale by the said Barthelemy Laporte aud Marie Boisseau, his wife, authorised as afure- said, to the said John Morgan, of ¢* a lot of ground or emplacement, situated in the St.Lawrence suburbs, in the said city of Montreal, containing thirty two feet in front on St.Catherine street, by forty five feet in depth on Bleury street ; bounded in front by the said St.Catherine street, in the rear by one Girard dit Lavérité, on one side by Bleury street, and on the other side by Alexis Godert\u2014 with a wooden house and other buildings thereon erected, with all and every the members and appurtenances thereto belonging ;>\u2019 and possessed the said lot of ground or emplacement by the said sellers, during the three years last preceding the date of the said deed of sale, as proprietors, and from thence hitherto by the said purchaser, also as proprietor.And all persons who may have or claim to have any privilege or hypotbéque under any title or by any means whatsvever, in or upon the said lot of ground or emplacement, immediately previous to and at the time the same was acquired by the said John Morgan, are hereby notified, that application will be made to the court, on the FIRST day of FEBRUARY term next, for a sentence of judgment of confirmation, and they are hereby required to signify in writing their oppositions and file the same in the office of the said pro- thonotary, eight days at least before that day, in default of which they will be for ever precluded from the right of doing so.MONK & MORROGH, P.K.B.Prothonotary's Office, Montreal, 2d July, 1840.[ First published 24th September, 1840.] Province of Lower Canada, District of Montreal.No.212.Fin THE KING\u2019S BENCH.Ex parte \u2014JOSEPH CAOUET.Pustic NOTICE is hereby given, that there has been lodged in the office of the prothonotary of the courtof King\u2019s bench of and for the district of Montreal, a Deed made and executed before Mtre.DG.Morison, and his colleague, notaries public, on the eighth day of April, one thousand eight hundred and forty, between ALEXIS ARTHUR DELPHOS, of the village of St.Hyacinthe, merchant, of the one part; and JOSEPH CAOUET, master blacksmith, of the said parish of St.Hyacinthe, of the other part ;\u2014being a sale by the said Alexis Arthur Delphos, to the said Joseph Caouet, of \u2018\u201c a land lying and situate in the said parish of St.Hyacinthe, containing three arpents in front by thirty in depth, more or less ; bounded in front by the river Ya- maska, in rear by the lands of the grand rang, on one side by Christophe Brunelle, on the other side by the pur- chaser\u2014with a house, barn and other buildings thereon erected, as the whole now is;\u2019\u2019 and possessed the said land by the said seller, as proprietor, during the three years last preceding the date of the said deed of sale, and from thence hitherto by the said purchaser, also as proprietor.And all persons who may have or claim to have any privilege or hypotheque under any title or by any means whatsoever in or upon the said land, immediately previous to and at the time the same was acquired by the said Joseph Caouet, are hereby notified, that application will be made to the court, on the FIRST day of FEBRUARY term next, for a sentence of judgment of confirmation, and they are hereby required to signify in writing their oppositions and file the same in the office of the said Prothonotary, eight days at least before that day, in default of which they will be for ever precluded from the right of doing so MONK & MORROGH, P.K.B.Prothonotary\u2019s Office, Montreal, 8th September, 1840.[First published 24th September, 1840.] ADVERTISEMENT.OTICE is hereby given, that all Advertisements of Ex parte Applications for confirmation of Title, publishè ed in the QUEBEC GAZETTE, By AUTHORITY, must be paid for to the Agents at Quebec and Montreal, respectively, after the first, aod previous to the second insertion of every such Advertisement.This regulation must be strictly complied with ; nor will the second insertion be admitted, unless payment be made 3s aforesaid.J.CHARLTON FISHFR, EpiTor, Q.G.by A.Quebec, 1839.POST OFFICE.rFYHE Dy.Posr MasTeR GENERAL begs to inform the Public that he has received by the \u201c* Unicorn\u2019® this day, a letter from the house of Mr.Cunard at Halifax\u2014 dated the 1st inst.\u2014advising him that contrary to their announcement in the Halifax papers, no Steamer will be despatched for England on the 18th instant,\u2014nor any until the 3d proxo.In consequence of this intimation it has become necessary to fix the 22d inst, as the day for despatching the next Mail for England, which Mail must go overland.General Post Office, Quebec, 5th Novr.1840.u-l TES CURARC GAGSETTEe RATIFICATIONS.DISTRICT DE MONTREAL.Province du Bas-Canada, District de Montréal.No.206.Ex parte\u2014WILLIAM THOMAS et MARGUERITE DESAUTELS, son épouse.VIS PUBLIC est parle présent donné, qu\u2019il a été déposé dans le bureau du protonotaire de la cour du banc du Roi, de et pour le district de Montréal, un acte exécuté pardevant Mtre.J, A.Labadie, et son confrère, notaires publics, le vingt huitième jour de Février, mil hui t cent quarante, entre WILLIAM BADGLEY, écuier, avocat, de la cité de Montréal, au nom et comme procureur d\u20191sabella McDonell, ci-devant de la dite cité de Montréal, actuellement résidante 3 Philadelphie, dans PEtat de Pensylvanie, dans les Etats Unis de I\u2019 Amérique, épouse de Samuel Keen, navigateur, suivant procuration passée devant Mtre.N.B.Doucet, et son confrère, notaires, le quatorze Octobre, mil huit cent trente neuf, d\u2019une part ; et WILLIAM THOMAS, commerçant, de la dite cité de Montréal, et Dame Marguerite Desautels, son épouse, de lui duement autorisée par le dit acte de vente, d\u2019autre part ;\u2014étant une vente par le dit William Badgley, écuier, ès dits nom@-t qualité, aux dits William Thomas et Marguerite Desautels, son épouse, \u201cd\u2019un emplacement sis et situé au faubourg de Québec, en la dite cité de Montréal, de la contenance de quarante pieds de front sur soixante dix pieds plus ou moins de profondeur ; tenant par devant à la rue Si.Nicholas Toleutin, par derrière à Edward Prendergast, représentant Frederick Stern, d\u2019un côté aux acquéreurs et d\u2019autre côté aux représentans d\u2019Alexander Hart, écuier\u2014avec une maison en bois à deux étages et une écurie dessus construites, Ainsi que le tout se poursuit et comporte et étend de toutes parts, circonstances et dépendances ;\u201d\u2019 et possédé le dit emplacement par la dite Isabella McDonell, comme propriétaire, pendant les trois dernières anvées qui ont précédé la date du dit acte de vente, et depuis par le dit William Thomas et Marguerite Desautels, son épouse, aussi comme propriétaires.tcour DU BANC DU ROI.Et toutes ies personnes qui peuvent avoir ou prétendent avoir aucuns priviléges ou hypothèques en vertu d\u2019aucun titre ou par tout autre moyen quelconque dans ou sur le dit emplacement, immédiatement avant et au tems de l'acquisition d\u2019icelui par les dits William Thomas et Marguerite Desautels, son épouse, sont par le présent averties, qu\u2019il sera fait une demande à la dite cour, LUNDI, le PREMIER jour de FEVRIER prochain, pour une sentence ou jugement de ratification, et elles sont par le présent requises de signifier par écrit leurs oppositions, et de les filer au Bureau du dit Protonotaire, huit jours au moins avant ce jour là, à défaut de quoi elles seront pour toujours forcloses du droit de le faire.MONK & MORROGH, P.B.R.Bureau du Protonotaire, Montréal, 2e Septembre, 1840.[Première publication 17th Septembre, 1840.] Province du Bas-Canada, ?District de Montréal, § COUR DU BANC DU ROL No.205.Ex parte\u2014MTRE.JOSEPH AUGUSTIN LABADIE.AVS PUBLIC est par le présent donné, qu\u2019il a été déposé dans le bureau du protunotaire dela cour du banc du Roi de et pour le district de Montréal, un Acte exécuté par devant Mtre.G.H.Cadieux, et son confrère, notaires publics, le premier jour de Septembre mil huit cent quarante, entre PIERRE ELIE, maître tonnelier, de la cité de Montréal, d\u2019une part ; et MTRE.JOSEPH AUGUSTIN LABADIE, notaire public, cu même lieu, d\u2019autre part :\u2014étant une vente par le dit Pierre Elie au dit Mtre.Joseph Augustin Labadie, de deux ccrtains emplacements situés au faubourg St.Laurent de la dite ville de Montréal,c\u2019est à savoir :\u20141.\u201cUn emplacement situé au faubourg St.Laurent de la dite ville de Muntréal, contenant quarante pieds de front sur cinquante huit pieds plus on moins de profondeur ; tenant ar devant à la rue Vallée, par derrière aux béritiers ufaulx, d\u2019un côté au nord est à James Todd, et d'autre côté au sud ouest au nommé Carron\u2014avec trois maisons.Une écurie, et une remise en bois dessus construites.&.Un emplacement situé au même lieu, contenant trente- buit piedsde front sur quarante pieds de profondeur ; tenant par devant à la rue St.Simon, par derrière à Joa- chim Proulx, d\u2019un côté à une rue, et d\u2019autre côté à Toussaint Laflamme ou ses représentans\u2014avec deux maisons en bois dessus contruites\u2014ainsi que le tout se poursuit, comporte et étend de toutes parts, circonstances et dépendances ;\u2019\u2019 et possédés les dits deux emplacements et dépendances par François Payet dit St.Amour, et Catherine Millejours, son épouse, comme propriétaires, pendant les trois dernières années qui ont précédé la date du dit acte de vente, et depuis par le dit Pierre Elie et Mtre.Joseph Augustin Labadie, aussi comme propriétaires.Et toutes les personnes qui peuvent avoir ou prétendent avoir aucuns priviléges ou hypothêques en vertu d\u2019aucun titre ou par tout autre moyen quelconque, dans ou sur les dits emplacements, immédiatement avant et au tems de l'acquisition d\u2019iceux par le dit Mtre.Joseph Augustin Labadie, sont par le présent averties, qu\u2019il sera fait une demande à la dite cour, LUNDI,le PREMIER jour de FEVRIER prochain, pour une sentence ou jugement de ratification, et ellessont par le présent requises de signifier par écrit leurs oppositions et de les filer aa bureau du dit protonotaire huit jours au moins avant ce jour là, à défaut de quoi elles seront pour toujours forcloses du droit de le faire.MONK & MORROGH, P.B.R.Bureau du Protonotaire, Montréal, 2e Septembre, 1840.[Première publication 17e Septembre, 1840.] Province du Bas-Canada, District de Montréal.} COUR DU BANC DU ROI, No.204.Ex parte\u2014-JACQUES DESAUTELS, AVIS PUBLIC est par le présent donné, qu\u2019il a été déposé au bureau du pgotonotaire dela cour du banc du Roi, de et pour le district de Montréal, un acte exécuté par devant Mtre.J.A.Labadie, et son confrère, Dotaires publics, le douzième jour de Mars, mil huit cent quarante, entre FRANCOIS XAVIER CASTON- GUEZ, sellier, Antoine Benjamin Castonguez, charron, et Joseph Edouard Castonguez, ferblantier, tous trois demeurant en la paroisse Ste, Magdeleine de Rigaud, dans le district de Montréal, d\u2019une part ; et JACQUES DESAUTELS, maître tonuelier, demeurant au faubourg St.Laurent de la cité de Montréal, d\u2019autre part ;\u2014 étant une vente par les dits François Xavier Castonguez, Antoine Benjamin Castonguez et Joseph Edouard Castonguez, la dite vente duement confirmée et ratifiée par Dame Marcelline Vallée, épouse du dit François Xavier Castonguez, Dame Emélie Vallée, épouse du dit Antoine Benjamin Castonguez, et Dame Marie Reine Mongenait, épouse du dit Joseph Edovard Custonguez, les dites Marcelline Vallée, Emelie Vallée et Marie Reine Mon- genait, à ce duement autorisées par leurs époux respectifs aiusi qu\u2019il appert à un certain acte, en date du vingt sept Juillet, mil huit ceut quarante reçu par Mtre M.G.Baret, et son confrère, notaires, * d\u2019un emplacement situé en la dite cité de Montréal, de la contenance de trente cinq pieds de frout sur cent quatorze pieds de profondeur ; tenant par- devant à la rue St.Pierre, par derrière à Charles Lamon- tagne, écuyer, d\u2019un côté à la rue des Récollets, et de l\u2019autre côté aux héritiers Foretier\u2014avec une maison en pierre à deux étages, et une vuute à deux étages couverte en fer- blanc dessus construites, ainsi que le tout se poursuit comporte et étend de toutes part, circonstances et dépendances ;\u201d\u201d et possédé le ditemplacement par les dits vendeurs, comme propriétaires, durant les trois dernières années qui ont précédé le dit acte de vente, et depuis cette époque par le dit acquéreur.Et toutes les personnes qui peuvent avoir ou prétendent avoir aucuns priviléges ou hypothèques en vertu d\u2019aucun titre ou par tout autre moyen quelconque dans ou sur le dit emplacement, immédiatement avant et au tems de l\u2019acquisition d\u2019icelui par le dit Jacques Desautels, sont par le présent averties, qu\u2019il sera fait une demande à la dite Cour, le PREMIER jour du terme de FEVRIER prochain, pour une sentence ou jugement de ratification, et elles sont par le présent requises de signifier par écrit leurs oppositions et de les filer au bureau du Protonotaire, huit jours au moins avant ce jour là, à défaut de quoi el:es seront pour toujours forcloses du droit de le faire.MONK & MORROGH, P, B.R.Bureau du Protonotaire, Montréal, 31e Juillet, 1840.[Première publication 17e Septembre, 1840.] Province du Bas-Canada, District de Montréal, } cour DU BANC DU ROI, No, 207.Ex parte\u2014MILES WILLIAMS.VIS PUBLIC est parle présent donné, qu\u2019il a été déposé dans le bureau du protonotaire de la cour du bancdu Roi de et pour le district de Montréal, un Acte exécuté par devant Mtre.J.A.Labadie, et son confrère, votaires publics, le septième jour de Mai, mil buit cent quarante, entre Dame JULIE BLACHE, demeurant en la cité de Montréal, veuve de feu Charles Picard, en son vivant maître boucher, de la dite cité de Montréal, tant en son propre nom comme ayant été commune en biens avec le dit défunt Charles Picard, son mari, que comme tutrice légale à Julie, âgée de dix-huit ans, Sophie, âgée de seize ans, Phœbé, âgée de quatorze aus, Charles, âgé de douze ans, lévcadie, âyée de neuf ans, Lucie, âgée de six ans, el Anastasie, âgée de quatre ans, enfans mineurs issus de son mariage avec le dit Charles Picard,son défunt mari, et Antoine Demers dit Dumais, maître boucher, de la dite cité de Montréal, au vom et comme tuteur élu conjointement avec la dite Dame Julie Blache aux dits mineurs, la dite Dame Julie Blache et le dit Antoine Demers dit Dumais, ès dites qualités de tuteurs, duemeut autorisés à l\u2019.ffet du dit acte par avis des parenls et amis des dits mineurs, homologué en justice par l\u2019honorable Samuel Gale, écuier, l\u2019un des juges de la cour du Bancdu Roi du district de Montréal, en date du seize Avril, mil huit cent trente buit, dont copie est restée annexée au dit acte, d\u2019une part; et MILES WILLIAMS, brasseur de bière, demeurant en la dite cité de Montréal, d\u2019autre part ;\u2014étant une vente par la dite Dame Julie Blache et le dit Antoine Demers dit Dumais, ès dits noms et qualités, au dit Miles Williams, \u201c\u2018d\u2019un lot de terre situé en la dite cité de Montréal, sur le côté nord est duchemin servant de communication entre le faubourg Ste.Marie et la Côte de la Visitation, communément appelé chemin Papineau, de la contenance de cent quatrevingt pieds de front sur cent quarante cinq pieds de profondeur ; tonant par devant au dit chemin Papineau, par derrière aux représentants de feuy Handley, d\u2019un côté aux représen- taots de feu Alexandre Hart, écuyer, et de l\u2019autre côté à l\u2019honorable Louis Guy\u2014avec deux maisons, une boucherie et autres bâtiments dessus construits; ainsi que le tout se poursuit, comporte et étend de toutes parts, circonstances et dépendances ;\u201d* et possédé le dit lot de terre, partie par l\u2019honorable Louis Joseph Papineau, et partie par le dit feu Charles Picard, la dite Dame Julie Blache et les enfants mineurs issus du mariage du dit feu Charles Picard avec la dite Dame Julie Blache, comme propriétaires, pendant les trois dernières années qui ont précédé la date du dit acte de vente, et depuis cette époque par le dit acquéreur, aussi comme propriétaire.Et toutes les personnes qui peuvent avoir ou prétendent avoir aucuns priviléges ou hypothèques en vertu d\u2019aucun titre ou par tout autre moyen quelconque, dans ou sur le dit lot de terre, immédiatement avant et au tems de l\u2019acquisition d\u2019icelui par le dit Miles Williams, sont par le présent averties, qu\u2019il sera fait une demande à la dite cour, le PREMIER jourdu terme de FEVRIER prochain, pour une sentence ou jugement de ratification, et elles sont par pme EEE EE a pn mn merge ra on ppp .Novemser 12 ES e présent requises de signifier par écrit leurs oppositions, et de les filer au bureau du dit protonotaire huit joursau moins avant ce jour là, à défaut de quoi elles seront pour toujours forcloses du droit de le faire.MONK & MORROGH, P.B.R.Busean du Protonotaire, Montréal, 13e Juillet, 1840, [Première publication 17e Septembre, 1840.] Province du Bas-Canada, District de Montréal.No.208.{ COUR DU BANC DU ROI.Ex parte \u2014-JOHN MORGAN.AVIS PUBLIC est par le présent donné, qu\u2019il à été déposé dans le bureau du protonotaire de la cour du banc du Roi, de et pour le district de Montréal, un Acte fait et exécuté par devant Mtre, J.A.Labadie et son confrère, notaires publics, le vingt septième jour de Juin, mil huit cent quarante, entre Mr.BARTHELEMY LA- PORTE, maître charpentier et commerçant, de la ville de Montréal, et Dame Marie Boisseau, son épouse, de lui duement autorisée à l'effet du dit acte, d\u2019une part; et Mr.JOHN MORGAN, fabriquant de mastic, manufacturer of putty, et journalier, de la dite ville de Montréal, d\u2019autre part ;\u2014étant une vente par les dits Barthmelemy Laporte, Marie Boisseau, son épouse, autorisée comme susdit, au dit John Morgan, \u2018* d\u2019un lot de terre ou emplacement situé dans le faubourg St.Laurent, dans la dite ville de Montréal, contenant trente deux pieds de front sur la rue Ste.Catherine, sur quarante cinq pieds de profondeur sur la rue Bieury ; borné en front par la dite rue Ste.Catherine, en profondeur par un nommé Girard dit Lavérité, d\u2019un côté par la rue Bleury, et de l\u2019autre côté par Alexis Godert\u2014 avec une maison en bois et autres bâtiments dessus construits, avec toutes et chacune les circonstances et dépendances y appartenant ;\u2019\u201d et possédé le dit lot de terre ou emplacement par les dits vendeurs, durant les trois dernières années qui ont précédé la date du dit acte de vente, comme propriétaires, et depuis cette époque par le dit acquéreur, aussi comme propriétaire, Et toutes les personnes qui peuvent avoir ou prétendent avoir aucuns priviléges ou hypothêques en vertu d'aucun titreou par tout autre moyen quelconque, dans ou sur le dit lot de terre ou emplacement, immédiatement avant et au tems de l\u2019acquisition d\u2019icelui par le dit John Morgan, sont par le présent averties, qu\u2019il sera fait une demande à la dite cour, le PREMIER jour du terme de FEVRIER prochain, pour une sentence ou jugement de ratification, et elles sont par le présent requises de signifier par écrit leur, oppositions et de les filer au bureau du dit protonotaire, huit jours au moins avant ce jourli, à défaut de quo; elles seront pour toujours forcloses du droit de le faire.MONK & MORROGH, P.B.R.Bureau du Protonotaire, Montréal, 2e Juillet, 1840.{Première publication 24e Septembre, 1840.] Province du Bas-Canada, District de Montréal.No.212.}DANs LE BANC DU ROI.Ex parte\u2014JOSEPH CAOUET, AVES PUBLIC est par le présent donné, qu\u2019il a été déposé dans le bureau du protonotaire de la cour du banc du Roi, de et pour le district de Montréal, un Acte exécuté devant Mtre.D.G.Morison et son confrère, notaires publics, le huitième jour d\u2019Avril, mil huit cent quarante,entre ALEXIS ARTHUR DELPHOS,marchand, du village de St.Hyacinthe, d\u2019une part; et JOSEPH CAOULT, maitre forgeron, de la dite paroisse de St Hyacinthe, d'autre part ;\u2014étant une vente par le dit Alexis Arthur Delphos, au dit Joseph Caouet, \u2018 d\u2019une terre sise et située en la dite paroisse St.Hyacinthe, contenant trois arpents de front sur trente de profondeur, plus ou moins ; tenant devant à la rivière Yamaska, derrière aux terres du grand rang, d\u2019un côté à Christophe Brunelle, d'autre côté à l'acquéreur\u2014avec une maison, grange et autres bâtisses dessus érigées, ainsi que le tout se poursuit et comporte 3\u201d et possédée la dite terre par le dit vendeur, comme propriétaire, pendant les trois dernières années qui ont précédé la date du dit acte de vente, et depuis cette époque par le dit acquéreur, aussi comme propriétaire.Et toutes les personnes qui peuvent avoir ou prétendent avoir aucuns priviléges ou hypothèques, en vertu d\u2019aucun titre ou par tout autre moyen quelconque, dans ou sur la dite terre, immédiatement avant et au tems de l\u2019acquisition d\u2019icelle par le dit Joseph Caouet, sont par ie présent averties qu\u2019il sera fait une demande à la dite Cour, le PREMIER jour du terme de FEVRIER prochain, pour une sentence ou jugement de ratification, et elles sont par le présent requises de signifier par écrit leurs oppositions et de les filer au bureau du dit Protonotaire huit jours au moins avant ce jour là, à défaut de quoi elles seront pour toujours forcloses du droit de le faire.MONK & MORROGH, P.B.R.Bureau du Protonotaire, Montréal, 8e Septembre, 1840.[Première publication 24e Septembre, 1840.] FOR SALE BY T.CARY & Co.Music Paper, assorted, London Drawing Boards, plain and tinted, assoitea, Silver Paper,~Mahogany Do.LAW BLANKS, For Sale at this Office. po- hile uoi qu'il our un son in, pa: de OI.u'il cour , UD rère, cent and, PH Jya- exis sise trois ins ; ; du côté isses te 37° prié- cédé ar le dent acun ir la ition rties IER ence refiler nt ce loses 1840.QAZBITE DE QUEBEC) | 25 CE THE QUEBEC GAZETTE.PUBLIC NOTICE.PEMUE following Draughts of Ordinances, about to be sub- ML mitted by His EXCELLENCY THE GOVERNOR GENERAL, for the concurrence of the Special Council, at a session thereof summoned to meet at the Government House, in the City of Montreal, on the FIFTH day of NOVEMBER, are published in conformity with the 5th Section of the Act of the Imperial Parliament, 2d.and 3d.Victoria, Chapter 53.By Command, T.W.C.MURDOCH, Chief Secretary, Covernment House, \"Montreal, 3d November, 1840.An Ordinance to provide for the betterinternal Government of this Province, by the establishment of local \u201cor municipal authorities therein, HEREAS, for the better protection and management of the local interests of Her Majesty\u2019s subjects in this Province, and for the advancement of the internal prosperity thereof, it is expedient and ne- cdssary that Municipal authorities be established in the several Districts of the said Province :\u2014DBe therefore - ordained and eracted, by His Excellency the Governor of this Province of Lower Canada, by and with the advice and consent af the Special Council for the affairs thereof, constituted and assembled by virtue and under the authority of an Act of the Parliament of the United Kingdom of Great Britain and Ireland, passed in the first year of the reign of Her present Majesty, intituled, ¢ An Act to make temporary provision for the Government of Lower Canada\u201d And also by virtue and under the authority of a certain other Act of the same Parliament, passed in the Session held in the second and third vears of the Reign of Her present Majesty, intituled, ¢¢ An Act to amend an Act of the last ¢: Session of Parliament, for making temporary provision « for the Government of Lower Canada; And it is hereby ordained and enacted, by the authority of the said Acts of Parliament, that this Province shall, for the purpose of this Ordinance, be divided into such number of Districts as to the said Governor shall seem fit; and it shall be lawful for the Governor, by and with the advice of the Exccutive Council for the said Province, on or before the first day of January which will be in the year of our Lord ane thousand eight hundred and forty - one, to issuc a Pioclamation under the Great Seal of the said Province, whereby the said Province shall be divided into Districts and the limits of such Districts fixed, appointed, and declared; and it shall further be lawful for the said Governor, by and with the advice of the Executive Council for this Province, from time to time, and as often as occasion shall so require, to alter the limits of-any such District, and, by Proclamation as aforesaid, to fix, appoint, and declare such other limits for any such Distiict as to the said Governorshall seem fit.II.And be it Ordained and Enacted, that the inhabitants of each of the Districts so determined, appointed, and declared, shall be, and they are here by constituted a Body Corporate, and as such shall be capable in law of suing and being sued, and of purchasing and holding lands and tenements situated within the limits of such District, for the nse of the inhabitants thereof, and of making and entering into such contracts and agreements as may be necessary for the due exercise of the functions of such Body Corporate, to which contracts and agreements it shall not be required, tor their validity, that a seal be affixed, and the powers aforesaid shall be exercised by, and through, and in the name of the Council of every such District.IIT.And be it Ordained and Enacted, that earch of the District Councils shall consist of a Warden and Councillors to be appointed and elected as hereinafter provided.1V.And be it Ordained and enacted, that it shall be lawful for the Governor of this Province by Letters Patent to be issued under the Great Seal of this Province, to appoint, from time to time as occasion may require, one fit and proper person to act as Warden in each of the said Districts, which person shall perform the duties of the office .of Warden as hereinafter prescribed.V.And be it Ordained and Enacted, that on the of in every year, such of the iu- habitants of the townships and parishes comprised within each of the said Districts respectively, as, according to the provisions hereinafter contained shall be duly qualified to vote, shall assemble at some convenient place within the limits of their respective Townships or Parishes, and elect from persons duly qualified as hereinafter prescribed ; a Councillor or Councillors according as such Township or parish, shall hy the provisions hereinafter contained, be empowered to elect, one or two Councillors, and according as it may be necessary to elect one or two Councillors in order to supply the places of those who, according to provisions hereinafter contained, may then retire, or ; astm 8 NA Ae AT Boe Ip ats may from any other cause have ceased to be in office as Councillors, VI.And be it Ordained and Enacted, that the Warden for the time being for each of the said Districts, before the said day of in every year, shall and may issue his warrant, in the name of Her Majesty, her heirs, or successors, under his hand and seal, to be directed to one of the Justices of the Peace or some other discreet and competent person, resident in each of the several Townships or Parishes within the District, requiring such Justice or other person to preside al such election and to conduct and certify the proceedings to be had at the same ; which warrant shall by such Justice of the Peace or other person, be duly executed.VIT.And be it Ordained and Fnacted, that the Justice of the Peace or other person who shall preside at any lection to be held in pursuance of the provisions of this Ordinance, shall have the like authority to administer oaths, preserve order, enforce obedience, and commit for a contempt of his or their authority, as, before the passing of the atoresaid Act of the Imperial Pailiament, intituled, ¢ An Act to make temporary \u201c provision for the Government of Lower Canada,\u201d belonged to any Returning Officer at an election of a Member to serve in the Legislative Assembly of this Province.VIII.And be it Ordained and Enacted, that the number of Councillors to be elected for each of the said Districts, shall be regulated as follows, that is to say: every Township or Parish containing more than three hundred and less than three thousand Inhabitants, shall elect one Councillors; and every Township or Parish containing more than three thousand Inhabitants shall \u2018elect two Councillors ; and no Township or Parish shall be entitled to elect more than two Councillors : Fro- vided always, that every such Township and Parish wherein the number of Inhabitants shall not amount to three hundred, shall, for all the purposes of this Ordinance, be joined into, and shall be reputed and taken to form part of, the Township or Parish adjoining thereunto which shall contain the smallest number of Inhabitants, 1X.And be it Ordained and Enacted, that itshall be lawful for the Governor of this Province, before the first Monday in January, in the year of our Lord one thousand eight hundied and forty-one, to fix and determine, by proclamation under the Great Seal of the Province in this behalf to be issued,the number of Councillors which, according to the amount of their population (the same to be ascertained as accurately as may be) shall be elected by each and every Township and Parish in the several districts of this Province ; and to.declare and appoint the union of Townships and Parishes in all case herein provided for ; and it shall further be lawful for the Governor by proclamation and proclamations hereafter as occasion may require to be issued, to fix and determine the increased representation to which any Township or Paiish may, according to the provisions herein contained be entitled in the Council of the District of which it makes part, by reason of such Township or Parish having reached an augmented amount of population, and to declare and appoint such further unions of Townships and Parishes as the altered circumstances of this Province may require.X.And be it Ordained and Enacted, that every male person of full age who, at the passing of the aforesaid Act of the Imperial Pailiament, intituled, \u201c An Act to make temporary provision for the Government of Lower Canada,\u201d was or might nave been qualified in respect of estate to vote at any election of a member or members to serve in the Legislative Assembly of this Province, for any of the several Districts, Counties, Circles, Towns, or Townships within the same, shall be, and all such persons are hereby declared to be, qualified, in respect of estate to vote at the election of Councillorsin any of the aforesaid Districts respectively ; and all the laws and provisions at the passing of the said Act of the Imperial Parliament in force within this Province relating to the qualifications and disqualifications of voters at the elections of members to serve in the said Legislative Assembly, and to the oaths to be taken by voters at the said last mentioned elections, shall apply to every election of Councillors under this Oidinance, and shall determine the qualification and disqualification of voteis al such elections, and shall have the same force and effect as if, for the purposes of this Ordinance, such laws and provisions wele herein espe- cialiy enacted: [Provided always, that when and so soon as any rale or rates, assessment or assessments, shall be laid under the authority of this Ordinance, no freeholder, inhabitant house-holder, or other person whatsoever, shall be entitled to vote at any election of a Councillor or Councillors as aforesaid unless heshall bave been previonsly rated in respect of all such rates or assessments as may have been laid within the District to which he belongs, and shall have paid all such rates and assessments within such District as may have becon.e due and \u2018payable by him before the holding of any such election, XI.Provided also,and be it Ordained and Enacted, that no person being a Judge of any Courtof Justice within this Province ; nor any person accountable for the District revenues; nor any person receiving any pecuniary allowance from the District for his services ; nor any person having directly or indirectly, by himself or his partner, any contract or any share or interest in any contract with or on behalf of the District, nor any person who, according to the laws and provisions at the passing of the aforesaid Act of the Imperial Parliament, intituled, ¢ An Act to make temporary provision for the Government ¢ of Lower Canada,\u201d in force in this Province, was, or might have been,- disqualified to sit or vote as a Mem- ber of the Legislative Assembly of this Province, shall be qualified to be elected a Councillor in any suel District._ XIE And be it Ordained and Enacted, that the elee- tion of Councillors within every such District, shall be concluded on the same day on which it is commenced ; and the veting at every such election shall commence at nine o\u2019clock in the forenoon, and shall finally close at four o\u2019élock in the afterncon of the day of election.XII.And be it Ordained and Enacted, that every person duly qualified who shall be elected to the office of Councillor in any Disiriet Council withir this Province, shall accept such office, or in lieu thereof shall pay to the Treasurer of the District in which he shall have been so elected, such fine, not exceeding the sum of £ eur- rency,as the Council of such District, by a By-law to be made as hereinafter provided, shall determine in that bes half ; and such fine, if not duly paid shall, together with the reasonable costs of recovering the same, be levied by distress and sale of the goods and chattels of the per son so refusing to accept office, in execution of the warrant of any Justice of the Peace having jurisdiction within the Distiict, who is hereby required on the application of the Council and after the conviction of the person so making default, by confession, or on the oath of one or more credible witnesses; toissne such warrant; and the fine so recovered shall be accounted for by the said Treasurer as part of the District fund in his hands: Provided always, that no person disabled by permanent infirmity of body or mind ; nor any person ahove the age of sixty-five years; nor any person who, within five years from the day on which he shall have been so elected, shall have already served the said office of Councillor,or paid a fine for not serving the same, shall be liable to such fire as aforesaid.XIV.And be it Ordained and Enacted, that no pets son elected a Councillor in any District, shall be capable of acting as such, except in administering the Oaths hereinafter mentioned, until he shall have taken | and subscribed before any two Councillors, of ateH District, who are hereby authorised to administer the same to each other, the Oath of Allegiance to Her Ma- Jesty, her heirs and successors, and also an Oath in the words, or to the effect following, that is to say \u2014 \u201c1, A.B.y baving been elected Councillor in the District of do hereby promise and swear that I will daly, faithfully, and diligently serve such office and fulfil the duties thereof; according to the best of my judgment and ability.So help me God.\u201d XV.Andbe it Ordained and enacted, that every person duly qualified who shall be elected to the office of Councillor as aforesaid, shall take and subscribe the Oaths herein before mentioned within days after notice of his election ; and in default thereof such person shall be deemed to have refused to accept the said office, and shall be liable: tu pay the fine aforesaid as for non-acceptancé of office ; and the said office shall thence= forward be deemed to be vacant and shall be filled up by another election.XVI.And be it Ordained and Enacted, that in cases where any duly qualified person elected to the office of Councillor in any of the said Districts, shall refuse tv accept such office or shall refuse or neglect to take and subscribe the ahove mentioned Oaths, it shall be lawful for the Justice of the Peace, or other person, who shall have presided at the election at which such person was elected, as often as such case of refusal or neglect shall occur, to proceed, after due notice in this behalf to the efectôrs, to another election of a fit and proper person to supply the place of the person who shall have so refused or neglected to accept office, or to take and subscribe the said Oaths; and the Councillor who may be elected at such new election shall hold office until the time at which the person in whese place he may have been elected would, according to the provisions hereinafter contained, have gone out of office, and no longer, but shall be capable of immediate re-election, unless otherwise disqualified as aforesaid.XVII.And be it Ordained and Enacted, that if a vacancy or vacancies in any of the said Councils, whether arising from the death of any.of the Councillors§ or other cause, shall occur before the annual period of election as hereinbefore prescribed, it shall be lawful for the Warden of the District in which such vacancy or vacancies shall have occured to issue, in the name of Her Majesty, her heirs,or successors, his Warrant under his hand and seal, directed to one of the Justices of the Peace or to some other discreet and competent person resident in the Townshi or Paiish in which such vacancy or vacancies shall have occurred, requiring such Justice or other person to proceed, after due notice in this behalf to the electors, in causing an election to be made of a Councillor or Councillors to supply such vacancy or vacandiesy which warrant shall by such Justice of the Peace or other person be duly executed ; and ever Councillor efected under such warrant shall vacate his seat in the Council at the time when the person in whose stead he shall have been chosen would, at- cording to the provisions hereinafter contained, have vacated his seat, but shall be capable of immediate re~ election if not otherwise disqualified: Provided always, that no such warrant shall be issued as aforesaid after the day of fn any year._ XVIII.And be it Ordained and Fnacted,that or the in the year of our Lord \u2018one thousand eight hundred and forty-two, and om the in every succeeding yeary one third part of the entire number of Councillors in every District shall go out of office, and on the said inthe said year of our Lord one thousand eight handred.and forty-two, it shall in each and every of the Distiict be determined by lot which among theCeuncillers shall go oo 26 THE QUEBEC GAGATTR.of office for that year and for the next succeeding year ; but thenceforward in all future years, those persons who shall have been Councillors, without re-election, for the longest time, shall vacate their seats: Provided always, that every Councillor who shall so go out of office shall, if not otherwise disqualified, be capable of being immediately re-elected.XIX, And be it ordained and enacted, that in ordes to determine in each of the said Councils, what councillors are to vacate their seats as aforesaid in the first and second years after the first election under this Ordinance, the Clerk to be appointed as hereinafter provided,in each of the said Districts, or other oificer to be appointed for that purpose by the Council, shall, on or before the day fixed for the vacaling of seals, write the name of each of the Councillors on a piece of paper and place the same folded up in a glass, or box, from which the names shall be drawn by some person appointed by the Council for that purpose,and the first and other Councillors whose names shall be drawn in succession shall vacate their seats until one third part of the entire number of Councillors shall have been drawn: Provided always, that no person whose name shall have been drawn in the first year after the first election aforesaid, and who shall then bave retired from office and been re-elected, shall be required to go out of office in the second year after such first election, but the officer whose duty it shall be to draw the names as aforesaid, shall draw another name in the place of any Councillor who may have been so re-elected, and such officer shall so continue to act as often as the case may require, until the number of names so drawn shall be complete, according to the provisions herein contained, XX.And be it Ordained and Enacted, that at all meetings of every such Council, the Warden of the District shall preside ; and,in case of his absence,death or incapacity to act, or of any accidental vacancy in the office of Warden,the members shall choose from the Councillors present one of their number to be temporary Chairman, in the place of such Warden, during his absence or during such accidental vacancy in the office of Warden, XX1I.And be it Ordained and Enacted, that there shall be in each year, four quarterly meetings of every District Council in this Province, which meetings shall be held on the first Tuesday in the months of March, June, September and December respectively, or on such other day in the first week in any of the said months as any such Council shall see fit to appoint ; and at no meeting of any such Council shall any matter be deliberated or determined on except such matters as fall within the scope of the powers and jutisdiction of such Council.XXII.Provided always,and be it Ordained and Enacted, that extraordinary meetings of the said Councils may be held by and under the authority of the Governor ot this Province, which authority to hold such meeting, shall be signified in writing to the Warden of the District, who shall give due notice thereof to the Councillors of such District,and at such extraordicary meeting no matter shall be deliberated or determined on, except those matters for which such meeting shall have been specially convened.XXIII.And be it Ordained and Enacted, that the meetings of every such Couucil shall be holden in some convenient place within the District to which such Coun- eils shall respectively belong, and it shall be lawful for the Governor of this'Province, by his proclamation under the great seal of the Province in that behalf to be issued, to appoint and determine the place of meet- iug for every such District.XXIV.And be it Ordained and Enacted, that all acts whatsoever, authorized or required by virtue of this Ordinance,to be done by theCouncil of any of the said Districts, and all questions of adjournment or other questions that may come before any meeting of such Council, may and shall be done and decided by the majority ot votes of the members present at such meeting, other than the Warden ; and the Warden, or in the absence of the Warden, the temporary Chairman, shall, in all cases of equality of votes, have a casting vote ; and in order to constitute a Quorum, there shall be present at every such meeting a majorityof the entire number of Councillors elected to serve in such Council.XXV.And be it Ordained and Enacted, that minutes of the proceedings of all meetings of the said Councils, shall be drawn vp and fairly entered in a book to be kept for that purpose, by the Clerks of the said Councils, respectively, ; which minutes shall be signed at the close of every such meeting by the Warden or temporary Chairman who shall preside thereat, and the said minutes shall be open to inspection hy any elector of the District, at all seasonable times, on payment of a fee of XXVI.And be it Ordained and Enacted, that it shall be lawful for each of the said Councils to appoint, from and out of the Councillors elected to serve in such Council, such and so many Committees consisting of such number of persons as they may think fit, for any purposes which, in the discretion of such council,would be better regulated and managed by means of such Committees; but subject in all things to the authority, control and approval of the said Council.XXVII.And be it Ordained and Enacted, that from and out of a list of three fit and proper persons to be submitted by each of the said Councils to the Governor of this Province, it shall be lawful for the said Governor to select one to be and be called the District Clerk; and every such Clerk shall be appointed by an Instrument to be issued under the Great Seal of this Province, and shall hold his office during pleasure : Provided always, that if at the first meeting under this Ordinance, or at the next quarterly meeting after any vacancy shall have occurred in the Office of District Clerk, or at any extraordinar meeting to be called for the purpose of filling up such vacancy, any such Council shall fail to agree upon the three names to be submitted as aforesaid to the said Governor, then it shall be lawful for the said Governor to appoint some fit and proper person to be such Clerk.XXVIill.And be it Ordained and Enacted, that it shall be lawful for the Governor of this Province, to appoint in each of the said Districts one fit and proper person to be and be called the District Treasurer, and such appointment shall be made by an Instrument to be issued under the Great Seal of this Province after the person named by the said Governor, shall have first given good and sufficient security, to be ascertained and determined by the said Governor, for the due execution of the office, Treasurer, and for the faithful accounting for all monies which may come into his hands by virtue of the said office.XXIX.And be it Ordained and enacted, that it shall be the duty of the Treasurer of each of the said Districts respectively, to receive all monies which shall be raised under any by-law, to be made as hereinafter provided, by the Council of the District wherein he shall have been appointed Treasurer, and also all monies which, under any Act of competent Legislative authority within this Province, have been, or shall be, directed to be paid to, or received by any such Treasurer, and to apply and account for the same in such mauner as may be presciibed by any By-law of such Council or by any Act of such competent Legislative authoiity as aforesaid.XXX.And be it Ordained and Enacted, that every District Tieasurer shall in books to be kept for that purpose enter true accounts of all sums of money by him received and paid, and of the several matters for which the same shall have been received and paid ; and the books so kept shall, at all reasonable times, be open to the inspection of every member of the Conucil; and all such accounts, together with all vouchers and papers relating thereto, shall four times in every year, that is fo say ; within one month after every quartes day, be submitted, together with an abstiact of such accounts for the last year, by the Treasurer to the District Auditors (to be appointed as hereinafter provided) for the purpose of being by them examined and audited ; and if the said accounts shall be found to be correct the same shall be approved and allowed by the said Auditors; and after the said accounts shall have been so examined and audited, the said Auditors shall make their report thereon to the Council at its next quarterly meeting, and every such abstract and report, shall be open at all reasonable times, to the inspection of any Inhabitant cf the Distiict, who shall also be entitled to copies thereof on\u201d payment of a reasonable fee for the same.XXXI.Provided always, and be it Ordained and Enacted, that no District \u2018l'reasurer shall be entitled to any salary or remuneration whatever, unless and until lis accounts shall have been duly audited, approved and allowed by the said District Auditois; and in every bond or other secuiity given by such Tieasurer for the due execution of his office, it shall be expressly conditioned that he shall render tiue accounts to such Auditors within the time and times presciibed by this Ordinance, or within the time or times which shall be prescribed by any other law which shall be in force in that behalf.XXXII, And be it Oidained and Enacted, that there shall be appointed for each District two persons to be and be called \u201c» District Auditois,\u201d\u2019 one of whom shall be appointed by the Waiden of the District, and the other clected by the Council: Provided always, that no person shall be appointed or elected Auditor who shall be a member of the Council, or the Clerk, or Treasurer, or Surveyor of the District, nor any person who shall have directly or indirectly, by himself or his partner, any share or interest in any contract or employment with, by, or on behalf of, such Council : And provided also, that no person appointed or elected an Auditor for any District shall be capable of acling as such unless he shall have previously made and subscribed before any two of the Councillors for such District, (who are hereby authorized to administer the same) an oath in the words or to the effect following, that is to say :\u2014 « 1, A.B., having been appointed [or elected, as the « case may be,] to the office of Auditor for the District \u201cof do hereby promise and swear that I will faithfully perform the duties thereof according «é tothe best of my judgment and ability ; and I do ¢ hereby solemnly declare and swear that I have not ¢¢ directly or indirectly any share or interest whatever ¢ in any contract or employment with, by, or on behalf « of the Council of this District.So help me God.\u201d XXXIII.And be it Ordained Enacted, that every person authorised by law to make an affirmation instead of taking an oath shall make such affirmation in every case in which by this Ordinance an aoth is required to be taken ; and if any person taking any oath required by this Ordinance, or making any affirmation instead of taking such oath, shall wilfully swear or affirm falsely, such person shall be deemed guilty of perjury and shall be punished accordingly.XXXIV, And be it Ordained and Enacted, that it shall be the duty of the Auditors in each of the said districts,to examine, settle, and allow all accounts which may be chargeable upon their districts respectively ; and also to examine and audit the accounts of the Township and Parish officers appointed or hereafter to be appointed in pursuance of an Ordinance bearing date the day of in the present year of the Reign of Her Majesty the Queen, and the accounts of all other persons, against their respective Townships and Parishes.XXXV.And be it Ordained and Enacted, that it shall be lawful for the Wardens of the district to appoint in each of the said Districts respectively, some fit and proper person to be and be called The District Survey- « « » mn NoveEMBER 12 or, whose duty it shail be to superintend the execution of all works undertaken in pursuance of any By-law, of the Council of such District, and to take care of all fixed property belonging to the said District, and to examine and report upon all estimates of proposed works, and to enforce the observance of all cone tracts for the execution of works undertaken for or on behalf of t he said District, and to report annually, or oftener if need be, to the said Warden, upon the state of the works in progress, and of the fixed property belonging to such District ; and all such annual or other reports, shall be laid by the said Warden before the Dis< trict Council, at the quarterly meeting next after any such repoit shall have been received, together with an estimate of the probable expense of carrying en such works and managing such fixed property during the then current or next ensuing year: Provided always, that no person shall be appointed to be such Surveyor, unless and unlil he shall have heen examined and declared gualified {or the office by the Board of Works for this Piovince, or by some other competent person or persons to be named for that purpose by the Governor ofthis Province.XXXVI.And be it Ordained and Enacted, that it shall not be lawful for any person to hold, at the same time, more than one of the District offices hereby created; nor shall it be lawful for the partner of any such District officer to hold any Distiict office in the same District wherein such officer shall be employed ; nor shall it be lawful for any such officer to have directly or indirectly, any share or interest whatsoever, either by himsolf or his partner, in any contract for executingany work to be undertaken by, for, or on behalf of the Council of such District.XXXVII.Andbe it Ordained and Enacted, that it shall be law ful for each of the said Councils to make bylaws for all or any of the following purposes, that Is to say :\u2014 For the making, maintaining, or improving any new or existing road, street, or other convenient communication and means of transit within the limits of such District, or for the stopping up, altering or diverting of any road, street or communication, and within the limits aforesaid.: For the erection, preservation, and repair of new or existing bridges and public buildings.For the purchase of such real property, situated within the limits of every such District respec- lively as may be required for the use of the incor= porated inhabitants thereof.For the sale of such part or parts of the real property belonging to such incorporated Inhabitants, as may have ceased to be useful to the said Inhabitants, For the superintendance and management of all pro- peity belonging to the incorpmated Inhabitants of every such Distiict respectively.01 assessing, levying, and applyifig such menies as may be required for the purpose of carrying into effect all or any of the objects for which every such Distiict Council is hereby empowered to make by-laws ; which monies shall be raised either by means of tolls to be paid in respect of any public work or works within the limits of the said Districts respectively, or by means of rates or assessments to be assessed and levied on real or personal property, or both, within the limits of the District, or, in respect of such property, upon the owners and occupiers thereof ; and for enforcing the collection and peyment of such rates and assessments by means of reasonable penalties.For applying the monies so assessed and levied as aforesaid in or towards the payment of all reasonable cxpenses incurred or estimated as likely to be incurred for the current year, in respect of the local Government of such Districts respectively.For assessing levying and paying all such monies as, in pwisuance of any Ordinance or other Law now in force, or which hereafter may be in force, within this Province, the Incorporated Inhabitants of such Districts respectively may, by order of the Justice of the Peace in their Quarterly Sessions, be required to furnish for the building and maintenance of Court Houses, and Gaols, or for any other purposes relating to the administration of Justice within their respective Districts.For the collection and accounting for all tolls rates and assessments raised under the authority of any such Council, and of the revenues belonging to such Districts respectively.For determining the amount of penalties to be recovered from such persons as having been elected 10 offices as hereinbefore provided shall refuse to serve the same, or refuse or neglect to take and subscribe the oaths of office as hereinbefore prescribed for such Officers respectively.For determining the amount of fees to be paid to and received by the Officers of such Councils respectively in regard to all matters and things for which it is hereinbefore provided that fees shall be paid and received.For determining the amount and manner and time of payment of all salaries or other remuneration of District Officers to be appointed under the authority of this Ordinance.For providing for the mainienance of an effective system of Police within such Districts respectively.XXXVIII.Provided always, and be it Ordained and Enacted, that it shall not be lawful fer any such Council to pass any by-law for erecting any public work without having first received an estimate of such work prepared, or examined and reported upon, by the District Surveyor ; and if the cost of such work will, in the opinion of the said Surveyor, cxceed the sum of one hundred pounds currency, such estimate shall also be examined and reported upon by the Board of Works in this Province or y some other competent body or person for that purpose - 1840.GALERIE DB QUEBEC 27 to be named by the Governor of this Province ; and provided also, that every such work, to be execufed in pur- since of any such by-law, shall be executed under contract, and when the cost of any such work will, in the opinion of the District Surveyor, exceed the sum of one hundred pounds currency, the coutract for such work shall be made and entered into in conformity with and subject to such regulations as shall from time to time be made in that behalf by the Board of Works of this Province.XXXIX.Provided also, and be it Ordained and Enacted, that a copy of every such by-law passed by any of the said Councils shall, within a after the making of such by-law, be transmitted by the Warden of the District, or other person exercising the office of Warden, to the Governor of this Province; and it shall be lawful for the said Governor, by and with the advice and consent of the Executive Council of this Province, at any time within three months from and after the receipt of such copy, to disallow any such by-law, and such disallowance shall, with all convenient speed, be signified to the Warden, or other person acting in the place of Warden,of the District wherein such by-law shall have been passed, and thenceforward such by-law shall be void and of no effect ; provided also, that no such by-law shall have effect within the aforesaid period of three months, unless the said Governor shall have given his assent thereto before the expiration of such period ; and provided further, that any by-law re- prignant to the law of the land, or to any Act of competent Legislative authority in this Province, shall be void and of no effect.XL.And be it Ordained and Enacted, that the said District Councils, at their quarterly meetings aforesaid, shall have power to make such orders relative to the property belonging to the incorporated Inhabitants of such Districts respectively, as to them may appear expedient ; and shall have power to examine, settle and allow all accounts which may he chargeable against the said Distiicts respectively, and to authorize and direct the raising of such sums of money as may be necessary for paying and discharging such accounts; and also to examine and audit the accounts of Township and Parish Officers and other persons against their respective Townships and Parishes, and to authorize and direct the raising af such sums of money as may be required for the payment of such accounts ; and also to fix and determine the amount of salary, fees, or emoluments which shall be received by the several Township or Parish Officers, within the limits of such Districts, respectively, to be appointed or elected in pursuance of any Ordinance or other law now in force which hereafter may be in force within this Province.XLI.And be it Ordained and Enacted, that the Warden of each of the said Districts shall, at the end of each year, transmit to the Governor of this Province, a statement of the accounts of the District, exhibiting an abstract of the receipts and expenditure during the preceding year; and all such accounts so transmitted shall by the said Governor be laid before the two Houses of the Legislature of the United Province of Canada, as the same shall he hereafter constituted in pursuance of an Act of the Imperial Parliament, intitul- ed, ¢ An Act to re-unite the Provinces of Upper and « Lower Canada, and for the Government of Cancda,\u201d at the Session thereof next following the transmission of the said Accounts.XLII.And be it Ordained and Enacted, that it shall be lawful for the Governor of this Province for the timë being, by Proclamations to be issued by and with the advice and consent of the Executive Council of the Province, when and as often as ciicumstances shall, in his and their opinion, warrant such a measure, to dissolve all or any of the aforesaid Councils, and in every case of a dissolution of such Council or Councils,the Warden of the District wherein such dissolution shall have taken place, shall, within days after such dissolution, issue his Warrant in the name of Her Majesty, her heirs or successors under his hand and seal, directed to one of the Justices of the Peace or to some other discrect and competent person resident in each of the several Townships or Parishes compiized within the said District, requiring such Justice or other person to proceed, after due notice in this behalf to the Electors, in causing Elections to be made in each of the Townships and Parishes of the said District of a Councillor or Councillors according as such Township or Parish, may by the provisions hereinbefore contained be empowered to elect one or two Councillors, and in all cases where such new Election of Councillors after a dissolution shall take place as aforesaid, the period at from and after which Councillors shall vacate their seats, in certain proportions as hereinbefore provided, shall commence upon, and be accounted from the next following such Elections.XLIII.Provided always, and be it Ordained and Enacted, that nothing in this Ordinance contained shall extend, or be construed to extend, to the Cities of Quebec and Montreal as incorperated by the Ordinance passed on the twenty-fifth day of June in the present year of Her Majesty\u2019s Reign; or (othe tract of land comprehended within the said Cities respectively as declared by the said Ordinance.XLIV.And be it Ordained and Enacted, that the words ¢ Governor of this Province,\u201d wheresoeveér they occur in \u2018the foregding Enactments, shall be understood as comprehending the Governor, Lieutenant Governor, or pérson authorised to execute the office or functions of Governor of this Province.XLV.And be it Ordained and Enacted, that this Ordinance and.the provisions herein contained, shall not cease or expire on the first day of November which will be in the year of our Lord one thousand eight hundred and forty-two, but shall be and remain a permanent law, in full force until the same shall be repealed or altered by competent Legislative authority.An Ordinance to prescribe and regulate the election and appointment of certain Officers, in the several Parishes and Towoships in this Province, and to make other p:0- visions for the local interests of the Inhabitants of these Divisions of the Province.HEREAS it is expedient and necessary, for the attainment of the ends of good government, snd for the due execution of the laws, that certain Odicers, charged with lucal duties, si.ould be elected and appointed, in and for the several Parishes and Townships in this Province, and that other provisions should be made for the better protection, care, and management of the local interests of the inhabitants of these minor divisions of the Proviuce ; Be it therefore enacted, &c., That it shail aud may be lawful for the Governor of this Proviuce, for the time being, by Warrauts or instruments under bis hand aud seal, to authorize and require the Warden of each and every of the Districts of this Province to authorize and require, by warrant under such Warden\u2019s hand and seal, ove of the Justices of the Peace, or some other discreet or competent person in the several Districts of this Province, atter eight days\u2019 notice in this bebalf, to assemble and cause to be assembled, the In- habitaut House-holders of the several [Parishes aud Townships, and reputed Parishes and Towuships, in the said Districts respectively, who sball and way bave tbe qualifications herein after mentivned, on a certain day, and at some convenient place, within such local divi- sious respectively, for the purpose of electing the officers herein alter mentioned, to serve io the said Parishes and Towaships, and reputed Parishes and Townships, respectively, till the second Monday in the month of January, which will be in tbe year one thousand eight hundred and forty-two, and until other officers shall Lave been elected, appuinted, and sworn, in their places, I1.And be it farther ordained aud enacted, That the Wardens of each and every of the said Districts shall and may, from time to time, by Warrants or instruments unde: his band and seal, authorize and require, une of the Justices of the Peace, or some other discreet and competent person, is the several Districts of this Province, on the second Monday in the month of January, which will be in the year one thousand eight hundred and forty-two, avd on the same day in each succeeding ycar, to assemble, and cause to be assembled, the Inbabitant Householders of the Parishes and Townships, and reputed Parishes and Towusbips, in such districts respectively, who shall and may have the qualifications hercin after mentioned, at some convenient place, within the local divisions aforesaid, respectively, for the purpose of electing the officers herein after n.entioned, to serve in tbe said local divi- siuns respectively, tll the second Monday, in the month of January, in the next succeeding year, and until otber officers shall bave been elected, appointed, snd sworn in their laces, ?111.Aud be it further ordaiced and enacted, That the Iubabitant House-holders, to be assembled as aforesaid, shall be possessed of a dwelling=bhouse within the Paiish or Towuship, or reputed Parish or Township, in which such meeting a8 aforesaid is to be had, in freehold, or for a term of years, or for a term uot less than one year, aud shall have been resident within such Parish or Township, or re puted Parish or Towuship, during one year next beiore any such meeting.Provided always, and be it further ordained and enacted, that when avd so soon as any rate or rales, assessment or assessments, shall be laid by competeut authority, within any such Parish or Township, or reputed Parish or Township, vo such Iuhabitant House-holder as aforesaid shall be entitled to vote, at the Election of any of the officers herein after mentioned, or of auy other officer within such Parish or Towuship, ur reputed Parish or Township, unless be shall have been rated to snd io respect of the rates or assessimeuts to be laid as aforesaid, and unless he shall bave paid the amount of all such rates and assessments, as may have become due aud payaule by bim, before tbe holding of any such election, IV.Aod be it further ordained aod enacted, That the Justice of the Peace, or other person, by whom the Inbabitaut House holders shall be assemt:led as aforesaid, shall preside at the meeting of the said luhabitants House-holders to be beld as aforesaid, aud shall have the like authority to preserve order, enforce obedience, administer oaths,and com- wi for a contempt of bis authority, as belongs, or shall or may belong, to any Returning Officer, at an Election of a Member to serve in the Legisiative Assembly of this Province.V.And be it further ordained and enacted, That it shall be lawful for the said lubabitaut House-holders, or tbe greater part of them, so assembled, aud qualified as afor- said, within the local divisions aforesaid, or any of them, to chouse one fit aud proper person, from among the Inhabitants of such Divisions resp: ctively, to be Clerk of the Parish, or Township, or reputed Parish or Towasbip, in which such Election shall Le had 5 and it shall be the duty of the Clerk so elected, to make aud preserve minutes of the proceedings of the meetings of the local division aforesaid, tor which be shall be Clerk as aforesaid, and to transcribe the same in a Book, to be kept for that purpose, in which shail be entered aod recorded all matters relating to such local division, which it shall appertaiu to his office to record; and the saiu Clerk shall bave the custody of all records, bocks, documents, and papers belonging to the local division of which be shall be Clerk as aforesaid, VI.And be it further ordained and enacted, that it shall be lawful for the said inhabitant householders, or the greater part of them, assembled and qualified as aforesaid, within the local divisions aforesaid, or any of them, in like manner, to choose, from among the inhabitants of such divisions, respectively, three fit and proper persons to serve the office of Assessors, for such local divisions respectively, who shall assess all such rates and taxes as shall be imposed by any act or acts of the Legislature of this Province, or by other competent authority, and be payable by the inhabitants thereof: And in like manner to choose one fit and proper person to be Collector for the Parish or Township, or reputed Parish or Township, in which the said inhabitant house-holders shall be assembled as aforesaid, and it shall be the duty of such Collector to demand and receive, from the inhabitant house-holders of the local division for which he shall have been elected Collector as aforesaid, all public assessments and rates due and payable within such division, and he shall account for and pay over the monies so received by him, in such manner as shall be directed by law : and it shall be lawful for the said inhabitant householders, in ERNE like manner, to choose two or more Overseers of Highways, two or more fit and proper persons to be Overseers of the Poor, two \u2018or more Fence-viewers and Inspectors of Prains, and one or more Pound-keeper or Pound-keepers, within the said local divisions respectively.VIL.And be it further ordained and enactcd, that it shall be lawful for the Justice of the Peace; or other person, presiding at any such meeting of the inhabitant houscholders, as aforesaid, at which the officers aforesaid shall have been eleeted, and such Justice or other person is hereby authorized and required, to administer an Oath of Office, to each of the persons so elceted as aforesaid, to the effect following, to wit :\u2014* You, A.B.; do pros \u2018 mise and swear, that you will faithfully, diligently, and justly \u201c* serve and perform the office and duties of y for \u2014 4 ¢¢ according to the best of your ability.\u2014So help you God.\u201d* And every person who shall be elected to one of the offices aforesaid shall; after having taken the said Oath, be held to be legally appointed to such office, and subject to the duties thereof.VIII.And be it further ordained and cnacted, that every person who shall be elected to any of the offices aforesaid, shall within days after his election, accept such office; and take the Oath aforesaid, before the Justice of the Peace, or other person, who shall have presided at such meeting as afore said, or any one of them, or before the Clerk of the Parish or Township in which such election shall have been had, all or any of whom ure hereby authorized to administer the same, and in default thereof shall forfeit and pay the sum of pounds, cur« rent money of this Province, to be levied by distress and sale of his goods and chattels, in virtue of a warrant under the hand and seal of any Justice of the Peate for the District within which such election shall have taken place, which warrant such Justice is hereby empowered to grant, upon complaint or information before him, and afier conviction of the person so making default, by confession, or on the oath of one or more credible witness or witnesses, other than the informer ; and the said sum so forfeited shall be paid, one half to the informer, and the other halfinto the hands of the Treasurer of the District, in which the said election shall have been had, towards the public stock of the said District.IX.And be it further ordained and enacted, that it shall be lawful for any two or more of the Justices of the Peace, for the District in which any person so elected to office shall refuse or neglect to accept the same, and take the Oath of Office as afore said, at a Special Session to be held for that purpose, to appoint a fit and proper person or persons, to serve in the place of the person or persons who shall have so refused or neglected ; and if the person or persons so appointed by such Justices shall not, within days after notice of his or their appointment as aforesaid accept the office or offices to which he or they shall have been so appointed, and take the Oath aforesaid, each and every of such persons severally shall forfeit the sum of current money of this Province, to be levied, paid, and applied, in the manner herein before provided, in the case of the person elected to one of the offices aforesaid refusing or neglecting as aforesaid- And in all cases where the person or persons, so appointed by such Justices, shall refuse or neglect to accept the office or offices, to which he or they shall have been so appointed, and take the oath aforesaid, it shall be lawful for the said Justices, to appoint another person or persons, in his or their place, and repeat such appointments, until such office or offices shall be accepted, and the oath aforesaid taken ; and to enforce their authority in this respect by the imposition of the Penalty aforesaid, to be levied as aforesaid, in case of each successive refusal or neglect to accept such office or offices, and take the oath aforesaid.X.And be it further ordained and enacted, that if any Parish, or Township, or reputed Parish or Township, shall neglect or omit, at the meeting to be held for that purpose as aforesaid, to choose the said officers, to be chosen as aforesaid, or any of them, it shall be lawful for any two or more of the Justices of the Peace for the District, in which such neglect or omission shall have occurred, at a Special Session to be held for that purpose, to appoint the said officers, or such of them asthe said Parish or Township, or reputed Parish or Township, shall have neglected or omitted to elect : ard such officers so appointed shall hold their offices, until others are chosen or appointed in their places, and shall have the same powers, and be subject to the same duties and penalties, as if they had been duly chosen by the inhabitant honseholders.And if any of the persons, so appointed by the said Justices as last aforesaïd, shall refuse or neglect to accept the offices, to which they shall have been appointed as last aforesaid, they shall severally incur the same penalties, as are herein before provided, in the ease of persons elected as aforesaid refusing or neglecting to accept the offices to which they have been elected, to be levied, paid, and applied in manner aforesaid ; and it shall be lawful for the said Justices to make successive appointments, in like manner as herein before provided, until such offices shall have been accepted, and the oath aforesaid taken.XI.And be it further ordained and enacted, that if any of the said officers, to be elected or appointed as aforesaid, shall.afiet having accepted the said offices, or any of them, die, or remove from the Parish or Township for which they have been elected or appointed, or become incapable of discharging the duties of the said offices, it shall be lawful for any two or more of the Justices of the Pcace for the District, in which such vacancy, removal, or incapacity shall occur; at a Special Session to be held for that purpose, to supply the place or places of such officers, respectively, in the same manner as is herein before provided, in the case of a neglect or omission to elect such officers, and under and subject to the same provisions.XII.Provided always, and be it further ordained and enacs ted, that it shall not be lawful to hold any meeting, for the election of any of the officers aforesaid, in any Parish or Township, or reputed Parish or Township, in which the populaion shall not exceed the number of three hundred souls; and that the inhabitants of every such local division, in which the population shall not exceed that number, shall be joined to, and be reputed and taken to be inhabitants of the Parish or Township adjacent thereio, which shall contain the smallest number of inhabitants : and, in like manner, the inhabitants of any tract of country or place, not included in any Parish or Township, or reputed Parish or Township, shall be joined to, and be reputed and taken to be inhabitants of the Parish or Township, or reputed Parish or Township adjacent thereto, which shall contain the smallest number of inhabitants.> \u2018 4 XIII.And be it further ordained and enaeied, that every person, wha shall be elected or appointed to the office of Colles tor of a Parish or Township as aforesaid, shall, within days after his election or appointment to that office, and before he enters on the duties thereof, make and execute, to and in favour of the Treasurer of the District, within which such Parish.oy Township shall be situated, for the time being, a Bond, joints i and severally with two sureties; to be approved by sucl Treasurer, in the sum of \u2019 carrent money of this 28 TEL QUEBEC CAGSTTR NovEmBer 12 Province, the condition of which Bond shall be, that such Collector shall daly pay and account for all monies that shall come into his hands, as such Collector, and faithfully discharge the duiies of the suid office.And if any person who shall be ciected or appointed Collec:or us aforesaid, shall not make and execute a Bond with sureties as aforesaid, within the time limited as aforesaid, such neglect or omission shall be held and taken to be a refusal to serve the said office, and shall subject the person so neglecting to the same penalty as is herein before provided, in case of non-acceptance or refusal of the said office, to be recovered, paid, and applied in the manner herem before provided.XIV.And be it further ordained and enacted, that each and every of the Parishes and Townships, and reputed Parishes and T'uwnships, in this Province, shall fur civil purposes be, and is hereby constituted, a Body Corporate, and as such shall be capable of suing and being sued, and of purchasing and holding lands and tenements situated within the limits of such Parish or \"Township, or reputed Parish or Township, for the use of the inhabitants thereof.\u2018 XV.And be it further ordained and enacted, that actions, to be brought by any Parish or \u2018Township, or reputed Parish or l'ownship, shall be brought in the uname of such Parish or Township ; and in actions to be brought against any Purish or Township, the service of process on the Clerk of such Parish or Township shall be held to be legal and sufficient ; and it shall be lawful for any Parish or Township, in its corporate capacity, at a General or Special Meeting to be convened as herein afier mentioned, hy a resolution or resolutions in this behalf, to be adopted at sucn meeting, and to be entered on the minutes of the proceedings thereof, to appoint an Attorney or Attornies, to act for and represent such Parish or Township, or reputed Parish Township.or RL An be it further ordained and enacted, that it shall be lawful for the inhabiiaut householders of the several Parishes and Townships, or reputed Parwshes or Townships in this Province, at their General Meetings, to be conve ed by one of the Justices of the Peace, or other person, as aforesaid, or at special meetings, to be convened in like manner, byaï ustiec of the Peace, or other person, by and under the authority of the Governor of this Province, for the time being, to exercise the corporate powers with which they are invèsted as afuresaid, and to make such regulations as they may deem proper, for the management of any commons, laids, or property, which may belong to such parishes or townships respectively, in their corporate capacities, and for the establishment of pounds for im- pou.ding cattle therein, at such places as they may think fit, and for determining the times and manner in which cattle, horses, or sheep, shall be permitted to go at large on highways, and for determining and ascertaining the sutficiency of all fences in such parishes or townships respectively : And tue said inhabitant householders.assembled as aforcsad, shall also have power, at the said meetings, to direct such sum of money Lo be raised on any such parishes or townships respectively, us they may deem necessary, for the prosecution or defence of\u2019 any ac- tio.1, in which the said parishes or townships respectively, may be parties, or interested ; and also to impose such penalties, on persons offending against any such rule or regulation, established at such meetings, as they may think proper, not exceeding shillings, current money of this Province, and to provide for the recovery of such penalties, and the application of them when recovered, in such manner as they may deem expedient.Provided always, and eit further ordained aud enacted, that it shall not be lawful for any parish or township, or reputed parish or township, to exereise any other powers of a Corporation except suchas are herein before mentioned, or such as shall be special- 1y conferred by the Legislature of this Province, or such as shall be necessary for the due execution of the powers herein before granted.; : ; XVII.And be it further ordained and enacted, that parish and township m etings, to be held as aforesaid, shall be held in the day time only, between the rising and the setting of the sun, and may be adjourned to the next day, but in no case shall be held longer than two days successively.XVIII.And be it further ordained and enacted, that the minutes of the proceedings of every parish or township meeting, to be held as aforesaid, shall be subscribed by the Justice of the Peace, or other person, presiding at the time, and by the Clerk of the parish or township in which such meeting shall be held 5 and the said minutes shall be deposited and fyled in the office of such Clerk, within two days after any such meeting.XIX.And be it further ordaineand enacted, that when and 30 soon as the term for which any of the officers aforesaid shall have been eleeted or appointed as aforesaid, shall expire, or any such officer shall cease to hold his office, he shall, on demand, deliver to his successor, on oath to be made before a Justice of the Peace for the district in which the vacancy of office shall have occurred, all and every the books, muniments, accounts, documents and papers in his custody, as such officer, or in any way appertaining Lo his office.XX.And be it further ordained and enacted, that upon the death of any of the officers to be elected or appointed as aforesaid, his heirs, cxecutors, curators, or administrators shall, in in like manner, on demand, deliver to the successor in office of such officer, on oath to be made before a Justice of the Peace for the district, in which such officer acted as such, all books, muni- ments, accounts, documents and papers in their possession, or in the possession of any of them, or within their or any of their power or controul, belonging to the office held by such deceased officer, or whereof he was in any manner possessed, in his official capacity.1 | XXI.And be it further ordained and enacted, that if any person going out.of office as aforesaid, or his heirs, executors, or curators, shall refuse or neglect, on demand as aforesaid, to deliver up all such books, muniments, accounts, documents and papers as aforesaid, he or they shall forfeit to the parish or township in which such refusal or neglect shall have occurred, the sum of current money of this Province, to be recovered at the suit of such parish or township, in its corporate name, or at the suit of the Clerk of the said parish or township, in the name and on the behalf, and to the use of such parish or township, in any Court of Record in this Province.XXII.And be it further ordained and enacted, that the sue- cessor of any person so going out of office as aforesaid, who shall refuse or neglect, or the heirs, executors, or curators of whom shall neglect, to deliver up all such books, muniments, accounts, documents, and papers, on demand, as aforesaid, shall and may be entitled to, and have Process of Attachment or Satsie Ke vendication.in an action of Revendication, for the recovery thereof, in like manner as this remedy may be had and used, in this Province, in ordinary cases, by the proprietor or alleged proprietor of goods and chattels, for the recovery thereof, and shall and may recover damages in the said action, for the wrongful detention of the said books, muniments, accounts, do- \" cuments, and papers, or any of them, which damages, when received by the plaintiff in any such action, shall by him be paid over to the Treasurer of the district, in which such wrongful detention shall have taken place, to make part of the public stock of\u2019 the said district.XXI1H.Aud be it further ordained and enacted, that from and alter the first election and appointment of Parish and Township Officers to be had and made as aforesaid, in pursuance of this Ordinance, so much of un Act of the Legislature of this Province, passed in the thirty-sixih year of the Reign of His late Majesty King George the Third, intituled \u2018\u201c An Act for making, ** repairing, and altering the Highways and Bridges within this \u2018 Province, aud for other purposes,\u201d as provides for the election of Uverseers of H.ghways, in the Parishes, Seigniories, and l'ownships, in this Province, in the month of Oetober in each year, und also so much of another Act of the Legislature of this Province, passed in the fourth year of the Reign of His late Majesty King George the Fourth, intituled \u201cAn Act for ¢ the more speedy remedy of divers abuses prejudicial to agri- \u2018 cultural improvement and industry in this Province, and for \u201c other purposes,\u2019 as provides for the election of Fence-viewers, and Inspectors of Drains, in the Parishes, Seigniories and \u2018Townships in this Province, and for the appomtment of Pound- keepers in the town of Three Rivers, aud in the borough of William Henry, and in certain Villages in this Province, and in the Divisions ol Lhe several Parishes, Seigniories and Townships, in this Province, shall be and the same are hereby repealed ; and all and every (he powers and auihorities which, in and by the said two last mentioned Acts of the Legislature, have been and are vested in the Overseers of Highways, Fence-viewers, Inspeciors of Drains, and Pound-keepers, respectively elected and appointed, or to be elected and appointed, under aud in pursuance of ihe said Acts, shall from and after the first clection or appoinument of Parish and Township Officers to be had and made in pursuance of this Ordinance, become and be vested in the Uverseers of Highways, l'ence-viewers, Inspectors of Drains, and Pouud-keeyers, to be elected or appointed in pursuance of the provisions in this Ordinance contained, to he by them respectively exercised according to aw.XXIV.Provided always and be it further ordained and enacted, that nothing in this O:dmance contained shail extend, or be construed to extend, to those parts of the parishes of Quebec and Montreal, which are comprehended within the Cities of Quebec and Montreal, respectively.XXV.Aud be it turwuer ordained avd enacted, that the words ** Govervor-of this Provinces\u201d wherever they occur\u2014 in the foregoing Enactments are to be understood as meaning aud comprehending the Governor, ur the persou auitborized to execute the Commission of Governvr, withia this Pro- tiuce, for the time being.XXVII.And be it further ordained and enacted, that this Ordinance, and the provisions herein contained, shall not ccase or expire, on the first day of November, which will be in the year of our Lord one thousand eight hundred and forty-two, bus shall be aud remain a permanent Law, and wm full force, until the same shall be repealed, or alicred, by competent Legslauve authority.Draught of An Ordinance to pres ribe and regulate the Registering of Titles to Lands, \u2018l'enements, and Hereditaments, Real, or Immuveable Estates, and ot Charges and lncum- brances on the same : and fur the aiteration and improvement of the Law, ia, certain particulars, in relation Lo the Alienation and \u2018Hypo.hecaiion of Real Lstaics, and the Rights aud Interest acquired therem.% HEREAS great losses and evils have been experienced, from secret and fraudulent conveyances of tea estaies, and incumbrances on the same aud from the uncertainty aud insecurity of titles to lands in this Province, to the mamifest in jury, and occasional ruin of purchasers, creditors, and oihers ; And whe.eas the registering oi all iitles to real or 1mmoveable estates, and of all charges and imcumbrances un the same, would not only obviate these losses and evils for the future, but would with some alteration of the existing laws, whereby the removal of inconvenient and inexpedient restraints and burihens on the alienation of real estates might he eliecied, greaily pro- mole the agricultural and commercial interests ol this Province, and advance its improvement and prosperity ;\u2014Be it therefore ordained by His Excellency ihe Governor of this Province of Low r Canada, by and with the advice aud consent 0.the Special Council fur the affairs of this Province, constituted by virtue and under the authority of An Act of the Parliament of the United Kingdom of Great Britain and lreland, passcd in the first year ofthe Reign of Her present Majesty, intituled, Jn Act to make temporary provision jor the Goveriment of « Lower Canada,\u2019 and also by virtue and under ihe authority of a certain other Act of the same Parliament, passcd in the Session held in the second and third years of the reign of Her present Majesty, intituled, \u201c An Jct to amend An Act of the \u201c* last Session of Parliament jor making tem) orary provision for the Government of Lower Canada,\u2019 and it 1s hereby ordained and enacted by the authority of the said Acts of Parliament, that a memorial of all decds, conveyances, notarial obligations, contracts, and instruments in writing, which from and after the day of shall be made and executed, and of all wills which shall be made and published, by any devisor or testatrix who shall die afier the day last mentioned, and all judgments, judicial acts and proceedings, recognizances, appoimments of tutors or guardians to minors, and curators to inierdicted persons, and all privileged and hypothecary rights and claims, and incumbrances, from whatever cause they may result, and whether produced by mere operation of law or otherwise, which shall be entered into, made, acquired, or obtained after the day last mentioned, or of concerning, or whereby any lands, tenements, or hereditaments, real or immoveable estaies in this Province, shall or may be alienated, conveyed, devised, hypothecated, mortgaged, charged, or inany manner or way affected, may be registered in such manner as is hereinafter directed ; and that every such deed, conveyance, notarial obligation, contract and instrument in writing, judgment, judi jal act and proceeding, r cognizance, privileged and hypothecary right and claim, and incumbrance, which shall, after the day last me: tioned, be entered into, made, executed, acquired, or obtained, shall be adjudged to be inoperative, void, ard of no effect, against any subsequent bona fide purchaser, grantee, mortgagee, hypothecary, or privileged creditor or incumbrancer, for or upon valuable consideration, unless such memorial thereof, as by this Ordinance is prescribed, shall have been registered before the registering of the memorial of the deed, conveyance, notarial obligation, contract, instrument in writing, judgment, judicial act act or proceeding, recognizance, privileged or hypothecary right or claim, or incum- brance, under which such subsequent purchaser, grantee, mortgagee, hypothecary or privileged creditor, or incumbrancer, shall claim ; and that every such devise by willshall te adjudged to be inoperative, void, and of no effect, against any subsequent purchaser, grantee, mortgagee, hypothecary or privileged creditor or incumbrancer, for or upon valuable consider- ve LL VCH SUI en et ram Cen ation, unless a memorial of such will be registered, in such manner as is hereinaft:r prescril ed ; and that every such appointment of a tutor to a minor or minors, and of a curator to a person or persons interdicted, shall be adjudged to be inoperative in conferring, or carrying with it, any hypothec or hypo- thecary right whatever, and be void and of no effect, against any subsequent purchaser, grantee, mortgagee, hypothecary or privileged creditor, or incumbrancer, for or upon valuable consideration, unless a memorial of such appointment of a tutor or curator shall have been registered, in such manner as'by this Ordinance is prescribed.11.Provided always, and be it further ordained and enacted.That it shall not be necessary to register any memorial as aforesaid, for arrears of cens ef rentes, or rents due to the seignior, or lord of the fee, for a pericd not exceeding five years, or for seigniorial services or dues, other than lods et ventes, or for arrears of rentes fonciéres, or ground rents, for any period not exceeding five years, nor for the expences of affixing seals for safe custody, or for making an inventory, when required by law, nor for costs of suit incurred for the common benefit of creditors, nor for funeral expences, and those of the last sickness, nor for servants\u2019 wages for any period not exceeding two years; and that tu these several descriptions of privileged debts the provisions of this Ordinance shall not extend.11.Provided also, and be it further ordain d and enacted, That the registration herein before required of memorials of decds, conveyances, or wills, whereby an estate of inheritance, or in freehold, is passed or intended to be passed, shall not operate to the prejudice of grantees or purchasers, for valuable consideration, or of devisees, whose title may be derived from a different grantor, vendor, devisor, or testatrix, but shall operate and have the cffect hereinbefore mentioned between, and in respect of grantees, purchasers, and persons whose title is de~ rived from the same grantor, vendor, devisor, or testatrix, and not otherwise.1V.And be it further ordained and enacted, that a memorial of all notarial obligations, contracts, instruments in writing, Judgments, judicial acts and proceedings, recognizances, privileged and bypothecary rights and claims, now in force, whereby any debt or debts, sum or sums of money, goods or chattels, have been contracted, stipulated, or secured, or have been re~ covercd or made and are payable, or detiverable, and whereby any lands, tenements, or hereditaments, real orimmove able estales, have Leen and arehypothecated, charged or incunibered, for the payment, satisfaction, or delivery thereof, thall be re- gistereu in such manner as is herein before prescribed, within twelve calendar months, from and af.er the passing of this Ordinance : and every such notarial obligation, contract, instrument in writing, judgment, recognizance, judicial act or pro- cecdil.g, privileged or hypothecary right or claim, whereof a memorial shall not be registered within the period last mentioned, shall, from and after the lapse of the said p riod, be ino- perairve, void, and of no effect whatever, against any subsequent bona fiue purchaser, grantee, mortgagee, hypothecary or privileged creditor, or incumbrancer, for or upon valuable consideration.VY.And be it further ordained and enacted, that there shall be established, in each andevery of the Districts of this Pro- vir.ce, at such place as by the Governor cf the Province shall be appointed tor the holding of the l'istriet Court, in the said Disliicts respeciively, à pubiie office for the registering of all such memor.uis as aforesaid, of or concerning, or in any manner affecting lands, tenements, and hereditaments.real or im- movcabie esuates, situated, lying, or being within such Districts respectively : aid it shall Le jawful for the Governor of this Province, trom tinie to time, and as occasion may require, to appoint a person of fit integrity and ability, to be Registrar for euch and every of the said D:stricts respectively, by whom the sa.d office shall be kept, and the dutics imposcd by this Ordinance, in respect of the same, be performed ; and to remove any such Registrar, and in case of vacancy of the office by death, 1esignat.on, cr removal, to appoint \u2018another fit person to fill such vacancy.V1.And be it further ordaioed and enacted, that it shail be lawful for each of the Registrars, to Le appointed as aforcsaid, aud he is hereby required, within twenty days after he shall have taken the cath of office to appoint a sufficient Deputy for the discharge of the duties of his office ; and in the event of the death of any such Deputy Hegistrar, it shall be ir:cumbent on his Principal, to appoint another Deputy in his place, within twenty days after the death of such Deputy shall occur.And if any such Registrar shall neglect to appoint a Deputy Registrar, as herein before is prescribed, he shall forfeit pounds, current money of this t'ro- vince, for each and every day, during which he shall have neglected to make such appointment ; which penalty shall and may be recovered in any Court of Record in this Province, and one half thercof shall go and be paid to Her Majesty, her heirs or successors, ard the other half thereof shall go to the informer ; and, upon the death of any such Registrar, his Deputy, to be appointed as aforesaid, shall execute the office of Registrar, until another person shall be appointed, and shall take upon himself the said office.VII.Aud be it further ordained and enacted, that it shall be the duty of the Sheriff of the District, in which any Registrar appointed as aforesaid shall die, to notify the death of such Registrar, forthwith, Lo the Secretary ofthe Province, for the information of the Governor of the Province, who shall within one month after such death shall have occurred, appoint another fit person to fill the vacancy thereby occasioned.VIII.And beit further ordained and enacted, that every such Registrar, and Deputy Registrar, before he enters upon the execution of his said office, shall take and subscribe, before one of the Justices of the Court of Ccmmen Pleas for this Province, the Oath of Allegiance to Her Majesty, her neirs or successors, and also the Oath of Office contained in the Schedule No.1, to this Ordinance sul:joined, which oaths shall be fairly written on parchment, and, afler the same have been sworn, shall be transmitted to the Clerk of the Peace for the District, for which such Registrar or Deputy Registrar shall have been appointed, who is hereby required to fyle the :amc, among the records of his office, for which service he shall be entitled to have from such Registrar, or Deputy Registrar, five shillings, andnomore.And every such Registrar shall also, before he takes upon himself the execution of his office, enter into a recognizance to Her Majesty, her heirs and suceessors, with two or more, and uot more than four, good and sufficient sureties, to be approved by the Justice before whom such recognizance shall be taken, jointly and severally, in the penal sum of \u2018 : pounds, upon the condition contained in the Schedule No.2, to the Ordinance subjoined ; which recognizance, fairly written on parchment, shall be so entered into_ before one of the Justices of the said Court of Common Pleas, and shall be fyled and remain of record in the said Court of Common Pleas, and shall stand and be as and for a security, as well to Her Majesty, her heirs ang successors, as to all other persons who may be aggrieved ~ Ca, 1840.GAGSTTS DE QUEBEC 2y by the breach of the said condition, and who shall recover judgment against any such Registrar, or his legal representatives, for any sum or sums of money, for or by reason of any misconduct, negligence, or default of such Registrar or his Deputy, in the discharge of the duties of the said office.IX.Provided always, and be it further ordained and enacted, That in all cases where, within three years after the death or resignation of any such Registrar, no misconduct shall appear to have been committed by him, or his Deputy, in the execution of his said office, the recognizance, entered into by such Registrar as aforesaid, shall, from and after the lapse of that period, become and be void, to all intents and purposes whatever.X.And be it further ordained and enacted, That each and every memorial, to be registered as aforesaid, shall be in writing, and attested by two witnesses.And the memorial of every deed, conveyance, contract in writing, or will, shall be made under the hand of some or one of the grantors, or covenantors, or of some or one of the grantees, or covenantees, or of some or one of the devisees in such will, his, her, or their heirs, executors, curators, or administrators, tutors, or guardians, or trustees.And the memorial of every notarial obligation, judgigent, Judicial act or proceeding, recognizance, privileged or hypothe- cary right or claim, to be registered as aforesaid, shall be under the hand of the creditor, or person entitled to the debt or sum of money stipulated, recovered, established, or intended to be secured, by such notarial obligation, judgment, judicial act or proceeding, recognizance, privileged or hypothecary right or claim, his, her, or their heirs, exccuiors, curafors, tutors or guardians, or trustees.And every memorial of a contract of marriage, or of the appointment of a tutor or guardian to minors, or of a curator to persons interdicted, to be registered as aforesaid, shall and may be under the hand of any one of the several persons, hereinafter authorized and required to cause and procure the registration of such memorial.And every memorial of a deed, conveyance, contract in writing, or will, shall express the day of the month, and the year of the date thereof, and he names, places of abode, and additions, of the parties to such deed, conveyance, or contract in writing, and the name of the devisor or testatrix of such will, and of all the witnesses to such deed, conveyance, contract in writing, or will, and the places of their abode, or the name or names of the notary or notaries before whom the same has been executed, or of one of them having the custody of the original instrument; and shall mention and describe the lands, tenements, and hereditaments granted, conveyed, devised, charged, or affected by such deed, conveyance, contract in writing, or will, according to the description thereof contaifftd in such deed, conveyance, contract in writing, or will, or to the same effect, and also the nature, and general purpose and character, of such deed, conveyance, contract in writing, or will.And every memorial of a notarial obligation, to be registered as aforesaid, shall specify the date thereof, and the name or names of the notary or notaries, before whom the same has been made and executed, or of one of them having the custody of the original obligation, and the names, places of abode, and additions of the obligor and obligee therein named, and for what sum or sums of money the same has been made and entered into; and also shall mention and describe the lands, tenements, and hereditaments, hypothecated, charged, or affected by such notarial obligation, according to the description thereof contained in such notarial obligation, or to the same effect.And every memorial of a judgment, judicial act or proceeding, recognizance, privileged right or claim, to be registered as aforesaid, shall express and contain, in case of such judgment, judicial aet or proceeding, the names, places of abode, and additions of the parties, plaintiffs and defendants therein, the sum or sums of money thereby recovered or adjudged, and the time of the recovering of such judgment, or of the accomplishment and completion of such judicial act or proceeding; and in case of recog- nizances, the date of the recognizance, the names, places of abode and additions of the cognizors and cognizees therein, and for what sum or sums of money, and before whom the same was acknowledged, and a description of the lands, tenements, and hereditaments, charged or affected by such recognizance ; and in case of privileged and hypoihecary rights and claims, the names, places of abode, and additions of the creditors and debtors respectively, the amount of the debt, the nature and general purpose and character of the written security or document conferring, or affording evidence of the privilege or hypothec, and a description of the lands, tenements, and hereditaments, charged, incumbered, or affected with such privilege or hypothee, and the date of such written security.And cvery memorial of the appointment of a tutor or guardian to minors, and of a curator to persons interdicted, shall express and contain the name, place of abode, and addition of the tutor, or curator, and the names of cach of the minors, or interdicted persons, of whom he has been appointed tutor or curator, and the name and description of the Judge by and under whose authority such appointment has been made, and shall also express whether such memorial is to be registered, in respect of all the real estates of such tutor or curator, or of a part only, and if of a part, of what part ; and if such memorial be made, by any other person than the tutor or curator himself, it shall also express the name, place of abode, and addition of the person by whom it is made.XI.And be it further ordained and enacted, That, for the purpose of effecting the registration of memorials, to be registered as aforesaid, every memorial, made and exccuted in the manner hereinbefore required, shall be presented and delivered to the Registrar or his Deputy, at the office where the same is to be registercd, and the same shall be acknowledged by the person or persons by whom the same shall have been executed, or one of them, or shall be proved by one of the witnesses to the execution thereof, on oath before the said Registrar, or his Deputy, who is hereby empowered to administer the said oath ; and together with every such memorial, there shall be produced to the said Registrar, or his Deputy, the deed, conveyance.con-~ tract in writing, the will, or the probate or office copy of such will, the notarial obligation, instrument in writing, judgment, recognizance, appointment of a tutor or guardian, and of a curator, judicial act and proceeding, privileged or hypothecary right or claim, of which such memorial is to be registered, or a notarial copy of any such document, if the original be executed in the notarial form, and be in the custody of a notary, or an office copy of any such document or writing as aforesaid, as may have validity, or proceed from the authority of a Court of Justice, or the Judge of any Court.And the said Registrar, or his Deputy, shall indorse a certificate on every such deed, conveyance, will, probate, or office copy of a will, notarial obliga~ tion, instrument in writing, judgment, recognizance, appointment of a tutor or curator, judicial act or proceeding, privileged or hypothecary right or claim, notarial or office copy, produced as aforesaid, and therein mention the certain day, hour, and time, at which such memorial shall be entered and registered, expressing therein also, in what book and page, and under what number the same shall be entered and registered ; and the said Registrar, or his Depuly, shall sign the said certificate when so indorsed: and all certificates, so indorsed and given, shall be taken and allowed, as evidence of such respective registries, in all Courts of Justice whatsoever.XII.Provided always, and be it further ordain.d and enacted, That any memorial to be registered as aforesaid, that may be made and executed, at any place within this Province, not being within the District wherein the lands, tenements, or heredita- ments, real or immoveable estates therein mentioned, may lie, shall be entered and registered, by the Registrar of such District, or his Deputy, on the production and delivery to such Registrar, or his Deputy, of an affidavit, sworn before one of the Judges of the Court of Queen\u2019s Beuch, or of the Common Pleas, by which the execution of such meinorial shall be proved, by one of the witnesses to the same.And provided also, that any memorial to be registered as aforesaid, that may be made and executed in Great Britain or Ireland, or in any of the Colonies or Possessions belonging to the Crown of the United Kingdom of Great Britain and Irclund, shall be eniercd and registered, upon the production an cdelivery, to the Registrar or Lis Deputy, of\u2019 an affidavit, sworn before the Mayor or Chief Magistrate of any city, borough, or town corporate, in Great Britain or lreland, or the Chief Justice or à Judge of the Supreme Court of any such Colony or Possession, by which the execution of such meinorial shall be proved, by one of the witnesses to the same.Aud provided also, that any memorial, to be registered as aforesaid, ihat may be made or exccuted in any Kingdom or State in Europe, or in any Republic or State in North or South America, shall be entercd and registered, upon the production and delivery, to the Registrar, or his Deputy, of an affidavit, sworn before any Minister Plenipotentiary, or Minister Extraordinary, or any Chargé d\u2019 Affaires, or any Consul, of Her Majesty, her heirs or successors, resident and accredited within such Kingdom, Republic, or State, (who is hereby empowered to administer the oath in this behalt,) by which the execution of such memorial shall be proved, by one of the witnesses to the same.XTII Provided also, and be it further ordained and enacted, That where there are more writings than one, for making and perfecting any conveyance or security, which do name, mention, of in any wise affect or concern the same lands, tenements, or hereditaments, real or immoveable estates, it shall be a sufficient memorial and registry thereof, if all the same lands, tenements, and hereditaments, real or immoveable estates, and the parishes, townships, or extra-parochial places, wherein the same lie, be only once named or mentioned in the memorial, registry, and certificates of any one of the deeds or writings made for the perfecting of such conveyance or security, and that the dates of the rest of the suid deeds or writings relating to the said conveyance or security, with the names and additions of the parties and witnesses, and the places of their abode, be only set down in the memorials, registries, and certificates of the sume, with a reference to the deed or writing, whereof thz memorial is so registered, that contains or expresses the parcels mentioned in all the said deeds, and directions how to find the registering of the same.XIV.Provided always, and be it further ordained and enacted, That all memorials of wills, that shall be registered in manner aforesaid, wiihin the space of six months after the death of every respective devisor or testatrix, dying within the Province of Upper or Lower Canada, or within the territories now included in the said Provinces, or within the space of three years after the death of any devisor or testatrix, dying in any country or place beyond the limits of the said Provinces, shall be as valid and effectual against subsequent purchasers, grantees, judgments, judicial acts and proceedings, recognizances, privileged and hy- pothecary rights and claims, as if the same had been registered, immediately afier the death of such respective devisor or testatrix, any thing herein contained to the contrary thereof in any wise notwithstanding.And provided also, that in case the de- viuce, or person or persons interested in the lands, tenements, or hereditaments, real or immoveable estates, devised by any such will as aforesaid, by reason of the concealment or suppression, or the contesting of such will, or other inevitable difficulty, without his, her, or their wilful neglect or default, shall be disabled from exhibiling a memorial for the registry thereof, within the respective times herein before limited, and that a memorial shall be entered in ihe suid office, of such contest or other impediment, within the space of six months after the decease of such devisor or testairix, who shall die within either of the Provinces of Upper or Lower Canada, or within the space of three years, next a.ter the decease of such devisor or testatrix, who shall die in any country or place beyond the limits of the said Provinces ; tie, and in every such case, the registry of the memorial of such will, within the space of six months next after his, her, or their attainment of such will or a probate thereof, or removal of the impediment, whereby he, she, or they have been disabled or hindercd from exhibiting such memorial, shall be a sufficient registry, within the meaning of this Ordinance ; any thing hercin contained to the contrary thereof in any wise notwithstanding.Provided nevertheless, that in case of any con- ccalment or suppression of any will, or devise, no purchaser or purchasers for valuable consideration shall be defeated, or disturbed in his, her, or their purchase, nor shall any plaintiff in any judgment, nor any hypothecary or privileged creditor, or incumbrancer, be defeated of his, her,\" or their debts, by any title made or devised by such will, unless the will be actually registered within five years after the death ofthe devisor or testatrix.XV.Provided also, and be it further ordained and enacted, That in cases of sales, or alienations equivalent to sales, of lands, tenements, and hereditaments, real or immoveable estates, on which the \u201c droit de quint,\u201d or the \u201c\u2018 droits de lods et ventes,\u201d shall accrue and become due, all memorials that shall ba registered, in manner aforesaid, of the right to such droit de guint,\u201d or \u201c droits de lods et ventes,\u201d accrued and remain due as aforesaid, within days after any such sale, or alienation equivalent to sale, shall be made known to the Seignior, or Seigniors, entitled to the same, shall be as valid and effectual, against subsequent purchasers and incumbrancers, and all other persons, as if the same had been registered immediately after the sale, or alienation equivalent to sale, on which the same shall have accrued and become due ; any thing hereinbe- fore contained to the contFary thereof notwithstanding.XVI.Provided also, and be it further ordained and enacted, That no creditor shall be entitled, by reason of any registered memorial of a mortgage, hypothec, or privilege, to a preference or priority before other creditors, for more than two years arrears of interest, on the debt or capital sum thereby secured, unless a memorial of his claim for arrears of interest, to a specific amount, beyond the arrears of two years, shall have heen separately registered, as being due under such mortgage, hypo- thec, or privilege, and unless such creditor do, at the time of presenting such memorial to the Registrar, or his Deputy, make oath before such Registrar or his Deputy (who is hereby em-~ powered to administer such oath) that the said specific amount of interest remains due and unpaid to him.XVII.Provided also, and be it further ordained and enacted, That the provisions of this Ordinance, and any thing herein con- a mr ma \u2014 tained, shall not extend to losses for a less period than years.XVIII.And be it further ordained and enacted; That the re gistration of memorials of hypothecs, and hypothecary rights and claims, us directed by this Ordinance, which shall be made within days next before the bunkruptey of the debtor or debtors, shall give no priority over other creditors of the same debtor or debtors, and shall produce no effect what« ever.And memorials of hypothecs, and hypothecary rights and claims, which shall or may be registered on the same day, shall not confer, or have any priority in respect of each other, although the registration of the same may be made at different hours of the same day, but shall give an equality of right to and among the hypothecary creditors, whose memorials may be so registered, to be by them exercised concurrently.XIX.And be it further ordained and enacted, That each and every of the registers to be used for the registration of memorials therein, as aforesaid, shall, before the making of any entries therein Le authenticated by a memorandum, to be written on the first page thereof, aid signed by the Prothonotary of the division of the Court of Common Pleas, sitting in the territorial division within which such registers are to be used ; on which memorandum shall be certified the purpose for which the said register is intended, the number of leaves contained therein, and the day, month, and year, on which such memorandum shall be made, and shall also be authenticated by the numbering of each of the said leaves in words at full at length, with the initial letters of the name of the said Prothonotary subscribed thereto; and cvery memorial that shall be entered in every such register shall be numbered, and the day of the month, and the year, and hour of the day when every memorial is registered, shall be entered in the margin of the said registers ; and the said Registrar or his Deputy shall duly fyle the said memorials, and shall enter or register the said memorials, consecutively, in the same order in which they shall respectively come to his hand, and in such manner as to leave no blank or interval between the memorials so registered.\u2018 XX.And be it further ordained and enacted, that every Registrar, to be appointed as aforesaid, shall keep iu his Registry Office an index, to ba contained in a proper book provided: for that purpose, wherein shali be entered, in alphabetical order; the names ol the persons mentioned in the memorials, to be registered as aforesaid, by and to whom any real or immoveable estates, as mentioned In the said memorials, may have been alienated, hypothecated, mortgaged, charged, or incumbered, and by or against whom any judgments, as mentioned in such memorials, may have been recovered, and by and agaihst whom, as also mentioned in such memorials, any legal or tacit hypothee, orany privileged or hypothecary right or claim, may be registered as aforesaid, with reference to the entries of the memorials, as registered, of and concerning the real and immoveable estates, alienated, hypothecated, mortgaged, charged, or incumbered by and to such persons respectively, and the numbers of such entries, and thepages of the register containing such entries, and the name of the parish, township, seigniory, city, town, village, or extraparochial place, where the said real or immoveable cstates may be situated, so as to afford, by means of an index to names as aforesaid, as far as may be practicable, an easy and ready reference to every memorial to be\u2019 registered as aforesaid.And every such Registrar shall also keep in his Registry Office; an alphabetical list or calendar of all parishes, townships, scigniories, cities, towns, villages and extra-parochial places, within the District for which such Rew gistrarshall have been appointed, with references, under the respective heads of such local divisions, to all and every the entries of the registered memorials, relating to real or immoveable estates comprised within the said loeal divisions réspec- tively, and the numbers of such entries, and with a designation of the names of the parties mentioned in such entries, and of the real and immoveable estates to which the same may relate, so as to afford, by means of an index of estates, as far as may be practicable, a like easy and ready reference to every memorial to be registered as aforesaid.And every such Registrar shall also keep a minute or day-book, in which shall be entered the year, month, day, hour, when any memorial shall be brought for registration.the names of the parties in snch memorial, and\u2019 of the person by whom such memorial shall be so brought, the nature of the instrument, right, or claim, whereof registration is thereby required, and a general designation of the real es fate intended to be affected by such memorial XXI.And be it further ordained and enacted, that from.and after the day of it shall be incumbent on married men, and on the tutors \u2018or guardians of minors, and the curators of interdicted persons, to cause and procure to be registercd, without delay, a memorial of all and every the hypothecs and incumbrances, to which their lands, tenements, and hereditaments, real or immoveable estates, shall become aud be subject or liable,.to and in respect of their wives, and to and in respect of sueh minors \u2018and inter» dicted persons, respectively 3 and if any married man, tutor, or curator, shall fail to cause or procure such memorial as aforesaid to be registered, whereby any such hypothec or incumbrance shall become and be postponed to, and rank after, a subsequent registered hypothec or incum! rance, or shall consent to or permit any subsequent hypothec or privilege to be acquired on his lands, tenements, real or immoveable estates, without - expressly declaring or disclosing, inthe instrument establishing such subscquent hypothee or privilege, that the same premises have already become and are subject to the hypothee of such married woman, minors, or interdicted persons, and without the reservation of priority in favour of the hypothecs last mentioned, every such married man, tutor, or curator, so offending in the premises, shall be held to be guilty of a.fraud, to be considered a misdemeanor in law, for which an indictment shall lie, and shall also be liable for all damages and eosts sustained by the party injured, and for the satisfaction thereof, after judgment recovered, shall also be subject to execution against his person, and to be kept and detained in prison, until the amount of damages and costs, for which judgment shall be so recovered, shall be paid and satisfied.XXII.And beit further ordained and enacted; that it shall be incumbent on every subrogate (subrogé) tutor to a minor\" or minors, and on the relations and: friends, who have concurred in the election of any tutor, or guardian to such minor, or minors on the lands, tenements and hereditaments, real or immoveable ' estates, of the said tutor, as required by this Ordidance, and, .in default of such registration, to cause and procure a memo rial of the said hypothees tobe registered, without delay, in the manner prescribed by this Ordinances.And if any subro .gate-tutor, and any such relations and friends, shall fail to: execute this duty, he and.they shall be jointly and severally liable for all damages that may be sustained: in the premises, by the said minor or pinors.And it shall in like manner be.incumbent on the relations and friends, who have concurred-in- the election of any curator to an- interdicted person or persons to ascertain that a memorial has been registered, at the instance: of the said curator, of the hypothees of such interdisted person, 30 or persons, on lands, tenements and hereditaments, real or immoveable estates, of the said curator, as required by this Ordinance, and, in default of such registration, to cause and procure a memorial of the said hypothecs to be registered without delay, in the manner prescribed by this Ordinance.And if such relations and friends shall fail to execute this duty, they shall be jointly and severally liable for all damages that may be sustained in the premises, by the said interdicted person or persons.XXIII.And be it further ordaiued and enacted, that in case married men, tutors, curators, subrogate-tutors, and the relatives and friends, who have concurred in such election as aforesaid, shall fail to cause and procure memorials to be registered, in the manner preseribed in the two next preceding sections of this Ordinance, it shall be lawful, in every such case, for any relation or friend of anv such married man, or his wife, or for any relation or friend of any such minor, or interdicted person, or for any such wife or minor, to cause and procure such memorial as aforesaid to be registered, in the manner prescribed by this Ordinance.XXIV.And be it farther ordained and enacted, that no action shall be brought, or be maintainable, in any of Her Majesty's Courts of Justice in this Province, in the name, or by, or on the part of any husband, for any cause of action derived from or under his contract of marriage, whereof the registration is required by this Ordinance, or in the name, or by, or on the part of any tutor or guardian to a miror or minors, or of any curator to a person or persons interdicted, in such capacities respectively, until after a memorial shall have been registered, in the manner prescribed by this Ordinance, of such contract of marriage, or of the appointment of such tutor or curator, respectively.XXV.And be it further ordained and enacted, thatin cases where minors shall contract marriage, it shall be incumbent on the father, mother, tutor, or guardian, of any such minor, by and with whose authority and consent such marriage shall have been contracted, to cause and procure a memorial to be registered of the hypothecs established in and by the contract of marriage of such minor; and in default thereof, they, and each of them, jointly and severally, shall be liable for all damages that may be sustained by such minor, by reason of the omission to register suchmemorial as aforesaid.i XXVI.And be it further ordained and enacted, that it shall be lawful for any Judge or Judges, by whom any appointment ofa tutor, or curator, shall be made, by and with the advice and consent of the relations and friends assembled for the election of snch tutor, or curator, to restrict hypothee, resulting from such appointment, to certain specific lands and tenements, real or immoveable estates, of such tutor, or curator ; in which case, all other the lands, tenements, and hereditaments, real or immoveable estates, of such tutor, or curator, shall stand and be éxonerated from any hypothec whatever, by reason of any such appointment: and it shall be incumbent on the tutor or curator, subrogate-tutor, relations and friends, in every such case, to cause and procure a memorial to be registered, of the hypothecs on such specified lands and premises, and on none other.X XVII.And be it further ordained and enacted, that in cases where the hypothec, resulting from the appointment ofa tutor to minors, or of a curator to interdicted persons, shall not have been restricted as aforesaid by the instrument or act of appointment, and where the general legal hypothec, thereby established, shall notoriously exceed a sufficient security for the gestion or administration of such tutor, or curator, it shall be lawful for the Judge or Judges, in whom the power of appointing tutors and curators in such cases resides, by and with the consent of the subrogate tutor, and with the advice of the relations and friends of any such interdicted person, to be assembled for that purpose, to restrict the hypothec, in such cases, to- such specific lands and tenements, as may afford a complete security to such minor, or interdicted person 3 and thereupon, and after the registration of a memorial of such restricted hy- pothec, all other the lands, tenements, hereditaments, real or immoveable estates, of any such tutor, or curafor, shall stand and be exonerated from any hypothec whatever, for or by reason of the appointment of such tutor or curator.XXVIII.And be it further ordained and enacted, that from and afier the day of .i no general hypothec shall be stipulated in, or constituted by, or result from, any deed, contract, or obligation in writing whatsoever, to be thenceforward made and entered into ; and no conventional hypothec, charge, or incumbrance, on lands, tenements, or hereditaments, real or immoveable estates, shall, from and after the day last aforesaid, be constituted or acquired, in or by virtue of any deed, contract, or obligation in writing, which shall be executed or made after that day, before a Notary or witnesses.or before Notaries, or before any Court of Justice, or Judge, or otherwise howsoever, unless the lands, tenements, and hereditaments, real or immoveable estates, intended or alleged to be hypothecated, charged, or incumbered by such deed, contract, or obligation in writing, or such acknowledgment thereof, or hy which any such hypothec may be claimed, be therein specially described ; nor unless the sum of money intended to be secured by such hypothec, charge, or incum- brance, be in the same deed, contract, or obligation in writing, or the acknowledgment thereof, specified: and no such hypo- thee as last aforesaid shall be constituted or acquired for any other purpose than for securing the payment of a sum or sums of money specially mentioned as aforesaid.XXIX.And be it further ordained and enacted, that from and after the day of no legal or tacit hypothec shall, for any cause whatsoever, be constituted, or subsist, on lands, tcnements, or hereditaments, real or immoveable estates, in this Province, except for the causes, and in the cases following, that is to say, upon the lands, tenements, and hereditaments, real and i immoveable estates, of married men, to and in respect of their wives, for securing the restitution and payment of all dotal sums of money, claims, and demands, which they may have on their husbands, for or by reason of any succession or inheritance, which may devolve upon and accrue to such married women, and of any donation which may be made to them, during the continuance of their marriage, which hypothec shall be accounted from the respective periods at which such succession or inheritance shall so devolve and accrue, or such donation shall receive execution :\u2014and upon the lands, tenements, and hereditaments, real or immoveable estates, of tutors or guardians to minors, and curators to interdicted persons, to and in respect of such minors and interdicted persons, as a security for the due administration of such tütors and curators, and the payment of all sums of money which they may be found to owe, at the close of their administration ;\u2014and upon the lands, tenements and heredita- ts, real or immoveable estates of debtors, and persons who fiave contracted and entered into, or shall or may contract or enter into any debt, suretyship, engagement, or liability, to Her Majesty, Her Heirs or Successors, for and in respect of which an hypothee is established and allowed by the existing laws of TRE QUEBEC QGAGETTE tbis Province ; any law, usage, or custom, to the contrary thereof in any wise notwithstanding.XXX.And be it further ordained and enacted, that from and after the day of no hypothe shall be constituted by, or derived from, any judg, ment, judicial act or proceeding, to be rendered, made, or had, after that period, on any lands, tenements, or hereditaments, real or immoveable cstates, of the defendant or defendants- debtor or debtors, against whom such judgment, judicial act or proceeding, shall be rendered, made, or had, than those whereof any such defendant or debtor shall be seized and possessed, at the time of the rendering of such judgment, or the accomplishment and completion of such judicial act or proceeding, which last mentioned lands, tenements, and hereditaments, real and immoveable estates, shall alone be thereby bound: nor shall any hypothec be established by, or derived from, any judgment, judicial act, or proceeding ; which shall not award a specific sum of money, and each hypothec shall be established and subsist for and in respect of such sum of money only : save and except judgments containing an adjudication of interest and costs of suit, or of interest aud costs only, which adjudication may be made, as now practised, without the express mention of the amount of interest or costs, in the judgment, and shall nevertheless carry with it an hypothec; any law, usage, or custom, to the contrary thereofin any wise notwithstanding.XXXI.And be it further ordained and enacted, that the privileged creditors, of whose privileges and privileged rights and claims memorials shall and may be registered, in pursuance of this Ordinance, are, and shall be adjudged to be, the following, \u2014\u2014that is to say : Firstly, the vendor, upon and in respect of the real estate sold by him, for the recovery of the price thereof ;-\u2014 Secondly, the persons by whom money, to be applied to the purchase of a real estate, has been lent aud advanced, provided that it be ascertained, by the instrument-or writing evidencing the loan, that it was intended to be so applied, and, by the acquittance of the vendor,.that the payment of the price was made by and with the money so lent and advanced ; Thirdly, Co-heirs aad co-partitioners, upon and in respect of the real estates of the succession, and the real estat's held by them as tenants in common, for the execution of the warranty incident to the partition made among them, and for the difference and return in money (soulte et retour), to make up for the inequality of lots included in any such partition :\u2014Fourthly, Architects, builders, or other workmen, employed in the building, rebuilding, or repair of buildmgs, canals, or other erections or works, provided that by an expert, named by the Judge of the District Court, in the District within which the buildings or premises aforesaid are situated, there shall have been previously made a procès verbal, establishing the state of the premises, in respect of the works about to be made, and provided also, that, within six months after the completion of such works, the same shall have been accepted and received by an expert, in like manner named ; and provided also, that the privilege, in such cases, shall in no instance extend, beyond the value ascertained by such second procès verbal as aforesaid, aid shall be reducible to the amount of increased value given to the premises by such works, atthe period of the alienation: of the real estate, on which the said works shall have been erected or made :\u2014 Fifthly, the lenders of money applied to the payment of the workmen, in such cases as last aforesaid, provided that such intended application of the money lent be ascertained, by the instrument or writing evidencing the loan, and that it be ascertained by the acquittance of such workmen, that they were paid and satisfied, by and with the money so loaned.XXXII.And be it further ordained and enacted, that in the cases herein before mentioned, of partition of estates by and between co-heirs, or co-partitioners, and also of sales by licitation at their instance, the privilege of such co-heirs or co-parti- tioners, for the difference or return in money as aforesaid, and of the price of the sale by licitation, shall remain and be preserved, from the period of the partition, or of the sale by licitation, provided a memorial of the same be registered within thirty days from those periods respectively, during which no hypothec shall be established or acquired, on the estate charged with the pecuniary demands now mentioned, or either of them, to the prejudice of the creditor of such difference or return in money, or of such price.And in cases where the privilege of architects, builders, and workmen, and the lenders of money, applied to the payment of such workmen, may obtain as aforesaid, the said privilege shall be accounted, from the registration of the memorial of the first proces verbal, establishing the state of the premises, provided a memorial of the proces verbal, establishing the acceptance of the work, shall have been registered within thirty days, from the date of such second proces verbal.And in case of creditors or legatees, who may demand, or be entitled to demand, the separation of the estates of their deceased debtor, or deceased testator, from tbose of lis heir or legal representative, the hypothec, rights, and interest of such \u2018creditors and legatees, in and to the estales of every such debtor, or testator, shall remain and be preserved, in their full force, provided a memorial of such their rights be registered, in respect of each and every of the said estates, within six months after the death of anyguch debtor, or testator ; and during the said period of six months, no hypothec shall be established by the heir or legal representative of such debtor or testator, on any such estates, or be acquired th: reupon, to the prejudice of such creditors, or legatees.Provided always, and be it further ordained and enacted, that the privileged debts herein before mentioned, whereof a memorial shall not be registered, within the time limited as aforesaid, shall, nevertheless, retain their hypotheeary character, and there shall be attached to them an hypothee, in respect of third persons, from the period at which a memorial thereof shall be registered by this Ordinance.XXXIII.And be it further ordained and enacted, That from from and after the day of in all cases where donations, or deeds of gift, inter vivos, may be made of lands, tenements, and hereditaments, real or immoveable estates, situated in this Province, whereof the registration is required by law, it shall be lawful to register & memorial of every such donation, or deed of gift, inter vivos, in the Registry Office for the District in which such lands, tenements, and hereditaments, real or immoveable estates, shall be situated, in the manner prescribed by this Ordinance, mstead of a registration thereof, at full length, at the place or places and in the manner required by the laws now in force in this Province : and a memorial of such donation, or decd of gift, inter vivos, registered as aforesaid, shall have the same force and effect, in respect of such real or immoveable estates so situated, to all intents and purposes whatsoever, as such registration thereof, at full length, in pursuance of the said laws, would or might have ; any law, usage, or custom, to the contrary in any wise notwithstanding.XXXIV.And whereas, the alienation of the real estates of married women, held in free and common soccage, and those held ander other and different tenures, in this Province, is governed by different rules ; And whereas, it is expedient that such alienations of real estates, under whatever tenure the same may be held, should be governed by the same ruies ; Be it, there- NoveMBER 12 fore, ordained and enacted, That from and after the day of it shall be lawful for any married woman, being of the age of twenty-one years, or upwards, residing within this Province, and seized of lands, tenements, or hereditaments, real or immoveable estates, held in free and commen soccage, or or en fief, or à titre de cens, or en franc alew, or under any other tenure whatever, and situated in this Province, by deed or conveyance to be made and executed jointly with her husband, to sell, alien, and convey, any such lands, tenements, or heredi« taments, real or immoveable estates, for and upon such considerations and conditions, and to and for such use and uses, as to her and her husband shall seem fit.Provided always, that before the execution of any such deed or conveyance, every such married woman shall be examined, apart from her husband, before one of the Judges of the Court of Queen\u2019s Bench, or Common Pleas for this Province, tonching her consent to the sale or alienation to be effected by any such deed or conveyance, and shall have declared before such Judge, that, without any coercion, or fear of coercion, on the part of her husband, she gives her free and voluntary consent to such sale or alienation; which consent shall be certified, on the back, or at the bottom, of every such deed by the Judge, before whom the same shall havé been declared, as aforesaid.And provided also, that when any such married woman shall reside without the limits of this Province, it shall be lawful for her, by deed or conveyance, made and executed jointly with her husband, to sell, alien, and convey, any such lands, tenements, or hereditaments, real or immoveable estates, whereof she may be seized as aforesaid, without any previous examination, or declaration of her consent, as herein before required ; and every such deed and conveyance shall have the same force and effect, as if executed by such married woman, while sole.And provided also, that for or by reason of any such sale, or alienation, of the real or immoveable estates of any married woman as aforesaid, no legal or tacit hypothec shall be constituted, or subsist, on the real or immoveable estates of the husband of such married woman, for any compensation, or indemnity, to or for sucli married woman, on account of such sale or alienation ; nor shall any privilege or hypothe- cary right or claim, for any such compensation, or indemnity, at any time afterwerds, be made or exercised, by any such married woman, or her legal representatives, or any of them.XXXYV.And be it further ordained and enacted, That from, and after the passing of this Ordinance, it shall be lawful for any married woman, being of the age of {wenty-one years, or upwards, to join with her husband, in the sale or alienation of lands and tenements, real or immoveable estates, held in free and common soccage, or in fief, or d titre de cens, or en franc aleu, or under any other tenure whatever, which shall or may be subject or liable to or for her legal or customary dower, and in any deed or conveyance, which may be made for the purpose of such sale or alienation, to release her dower and right to dower, in, and upon, all or any part of the lands and tenements, real and immoveable estates, so sold or alienated ; and such release shall effectually extinguish her dower, and right to dower, in, and upon, the lands and tenements, real or immoveable estates, in respect of which such lease shall be granted, and be held and taken to be a valid bar to any right or claim to dower of such married woman, in, and upon, any such premises ; and no hy- pothec shall be constituted, attach, or subsist, on any other the lands and tenements, real or immoveable estaies of the husband, with whom such alienation, jointly with his wife, shali be made, for any compensation, or indemnity, to or for such married woman, on account of such sale or alienation ; nor shall any privileged or hypothecary right or claim to such compensation of indemnity, or any privileged or hypothecary recourse of any kind, accrue to, or become vested in, her heirs, or other legal representatives, or assigns, for or because of any such release or dower as aforesaid ; any law, usage, or custom, to the contrary notwithstanding.XXXVI.And be it further ordaincd and enacted, That from and after the day of it shall not be lawful for any married woman to become security or responsible, or incur any liability whatever, in any other capacity, or otherwise, than as commune en biens with her husband, for the debts, contracts, or obligations, which may have been contracted, or entered into by her husband, before their marriage, or which may, by her said husband, be contracted, or entered into, at any time during the continuance of any such marriage : and all suretyships, contracts, or obligations, made and entered into by any married woma., after the day last mentioned, in violation of this enactment, shall be absolutely null ard void, to all intents and purposes whatscever.\u2026 XXXVII.And be it further ordained and enacted, That from and after the day of the legal or customary dower, and the right to legal and customary dower, of the child, children, or issue of any marriage, shall be had ard exercisad, solely and exclusively, upon and in respect of lands, tenements, real or immoveable estates, subject to the dower of his, her, or their mother, whereof his, her, or their father was seised or possessed, at ihe time of his death, aud also upon and in respect of those on which the dower, and right of dower, of his, her, or their mother, may not have been by her released, or barred, during the continuance of her marriage, and not upon any other lands and tenements, real or immoveable estates whatever ; any law, usage, or custom, to the contrary thereof iu any wise notwithstanding: XXXVI.And whereas, it is highly expedient in all cases of sales, to facilitate the valid and eff ctual alienation and conveyance of lands, tenements, and hereditaments, real or immoveable estates, held in free and common soccage, by establishing a short, inexpensive, and legal form of conveyance of the same ; Be it therefore ordained and enacted, that, from and after the passing of this Ordinance, an indenture, deed, or right of bargain and sale, made, sealed, and delivered before two witnesses, or made and executed before one notary and two witnesses, or before two notaries, whereby the intention of the bargainor to sell, and of the bargainee to purchase, an estate of inheritance or freehold, in any such land and premises, shall be made manifest, shall be a good and valid conveyance for transferring, passing, and assuring to the bargainee, his heirs and assigns, not only the use of and in the same, but also the lawful seizin, estate of inheritance, or freehold, and possession, of the bargainer, of and in all and every such lands, tenements, and heredita ments, real or immoveable estates, with their appurtenances, without an livery of seizin, attornment, or other formality whatsoever ; and every such indentnre, deed, or writing of bargain or sale, may be in the form contained in the Schedule No.3, to this Ordinance subjoined, or in any other form, or words, to the same effect, and shall admit and be susceptible of all the covenants, dispositions, and clauses, which may or might legally be introduced into, or make part of a conveyance by feoffment, or lease and release ; any law, usage, or custom, to the contrary not-.withstanding- XXXIX.And be it further ordained and enacted, That in all indentures, deeds, or writings of bargain and sale, made as aforesaid, whereby an estate of inheritance in fee simple is limited to the bargainee and his heirs, the words ¢ grant, bargain, LPS CE AA 1840.and sell,\u201d sball import, and be construed and adjudged, in all Courts of Judicature, to be express covenants to the bargaince, his heirs and assigns, from the bargainor, for himself, his heirs, executors, curators, and administrators, that the pargainars notwithstanding any act done by him, was, at the time of \u20ac he execution of such indenture, deed, or writing, seized o \u2018 hereditaments and premises thereby granted, bargained, pa sold, as of an indefeasable estate in fee simple, free from al in- cumbrances, (rents and services due to the Lord of the ù ee only excepted,) and for quiet enjoyment thereof, against the bargain- or, his heirs and assigns, and all claiming under him, and also for further assurance thereof, to be made by the bargainor, his heirs and assigns, and all claiming under him ; unless the same shall be restrained and limited, by express particular words, contained in such indenture, deed, or writing ; and the bargain e, his heirs, executors, curators, administrators, and assigns, respectively, shall and may, in any action to be brought, assigna breach or breaches thereupon, as they might do, in case such covenants were expressly inserted in such bargain and sale.XI.And whereas it is necessary to make provision for the preservation of titles to real estates, which have been, and may be executed before witnesses ; Be it therefore ordained and enacted, That from and after the passing of this Ordinance, any person or persons having or claiming title to any lands, tenc ments, oz hereditaments, real or immoveable estates, situated in this Province, may register at full length, in the Registry Offices aforesaid respectively, all and every or any the deeds, conveyances, wills, or writings, executed before witnesses, by or under which such title shall be claimed 3; and the sad Registrars, or their Deputies respectively, are hereby authorized to enter and register all such deeds, conveyances, wills, and writings as shall be so brought to be registered, at full length, by engrossing them in books bound in leather : and the said Registrars, or their Deputies respectively, shall, in the margin of every such entry, mention the time of every such entry and registration, and shall indorse and sign a certificate on such deed, conveyance, will, or writing, in manner as by this Ordinance is directed, when a memorial is entered, and shall safely keep all and every the books wherein such entries and registrations shall be made, in the said public offices respectively, there to remain upon record ; and all copies of such entries and enrollments of such deeds, conveyances, wills, and writings, so registered at full length, which shall be certified and signed by the said Registrars, or Deputies respectively, shall be allowed, in all Courts of Justice, to be good and sufficient evidence, of such deeds, conveyanees, wills, (and writings, ide registered, and i be destroye re, or other a .i be it further ordained and enacted, that at the time any deed, conveyance, will, or writing, shall be brought to the Registrar\u2019s office, to be registered or inrolled at fnil length, as aforesaid, one of the witnesses to the execution of such deed, conveyance, or writing, or to the signing and publishing, of such will, shall make oath before the said Registrar, or his Deputy, that such deed, conveyance, or writing, was duly executed by the grantor or grantors, or that such will was signed by the devisor or testatrix, which oath the said Registrar, or his Deputy, is empowered and required to ad- r.| mL Provided always, and be it further ordained and ens acted, That such deeds, conveyances, wills, and writings, as shall be made and executed, or published, in any place in the said Province, not being within the District in which the lands, tenements, and hereditaments therein mentioned, lie, may be entered and registered at full length, by the aforesaid Registrar, or his Deputy, in case an aflidavit, sworn before one of the Judges of the Court of Queen\u2019s Bench, or Common Pleas, or before any District Court, be brought with such deed, conveyance, will, or writing, to the said Registrar, or his Deputy, wherein one of the witnesses to the execution of such deed, conveyance, will or writing, or to the signing and publishing of such will, shall swear that he or she saw the said deed, conveyance, or writing executed, or in case of wills, such will signed and published by the de- i testatrix.ve II.Provided also, and be it further ordained and enacted, That such deeds, conveyances, wills, and writings as shall be made and executed, or published, in any part of Great Britain or Ireland, or in any Colony or Possession belonging to the Crown of the United Kingdom of Great Britain and lreland, may be entered and registered at full length, by the Registrar of any District in this Province, or his Deputy, in case a like affidavit, sworn before the Mayor or Chief Magistrate of any city, borough, or town corporate, in Great Britain or Ireland, or the Chief Justice or a Judge of the Supreme Court of any such Colony or Possession, be brought with such deed, conveyance, will, or writing, to the said Registrar, or his Deputy.And provided also, and be it further ordained and enacted, That such deeds, conveyances wills, and writings, as chall be made and executed, or published, in any Kingdom or State in Europe, or in any Republic or State in North or South America, may be entered and registered at full length, by any such Registrar, in case a like affidavit, sworn before any Minister Plenipotentiary, or Minister Extraordinary, or any Chargé d\u2019.Affaires, or any Consul of Her Majesty, her heirs or successors, resident and accredited within such Kingdom, Republic, or State, (who is hereby empowered to administer the oaih in this behalf) be brought with such deed, conveyance, will, or writing, to the said istrar, or his Deputy.RLV.And be it further ordained and enacted, That every such registry, at full length, of such deeds, conveyances, wills, and writings, in the said Registry Offices as aforesaid, shall be deemed and adjudged to be the entry of a memorial thereof, pursuant to this Ordinance, and shall have the same force and effect, upon the estate or estates therein mentioned, in relation to all subsequent deeds, conveyances, wills, and writings, and to all other intents and purposes, as if a memorial of such deed, conveyance, will, or writing, so registered at full length, had been entered and registered in the said Registry Office as aforesaid, pursuant to this Ordinance ; and the certificate signed and indorsed on such deeds, conveyances, wills, and writings, registered at full length, shall be taken and allowed as evidence of such registry, in all Courts of Justice whatsoever J XLV.And be it further ordained and enacted, That in case of mortgages, notarial obligations, judgments, judicial acts and proceedings, recognizances, privileged and hypothecary rights and claims, whereof memorials shall be entered in the said Registrar\u2019s office as aforesaid, and in case of mortgages, where the mortgage deed shall be registered at full length, pursuant to this Ordinance, if at any time, afterwards, a certificate shall be brought to the said Registrar, or his Deputy, signed by the mortgagee in such mortgages, the creditors, named in such notarial obligations, the plaintiffs in such judgments, the cognizees in snch recognizances, the hypothecary or privileged creditors named in such judicial acts, or proceedings, privileged rights or claims, their respective heirs, executors, curators, administrators, or assigns, and attested by two witnesses, whereby it shall appear, that all monies due on such mortgage, notarial obligation, judgment, judicial act, or proceeding, recog- nizance, privileged or hypothecary right or claim, respectfully \u2019 have been paid or satisfied, in discharge thereof, which witnesses shall, upon their oath before any one of the Judges of the Court of Queen\u2019s Bench, or Common Pleas, or before the said Registrar, or his Deputy, who are hereby respectively empowered to administer such an oath, prove such monies to be satisfied or paid accordingly, and that they saw such certificate signed by the said mortgagees, hypothecary or privileged creditors, plaintiffs, or consignees, their respective heirs, executors, curators, administrators,or assigns ; then, and in every such case, the said Registrar, or his Deputy, shall make an entry in the margin of the register, against the registry of the memorial of such mortgage, notarial obligation, judgment, judicial act or proceeding, recognizance, privileged right or claim, or against such deed registered at full length respectively that such mortgage, notarial obligation, judgment, judicial act or procecding, recognizance, privileged right or claim, has been discharged according to such certificate, to which the same entry shall refer, and shall afterwards fyle such certificate, to remain upon record, in the said Registry Office.XLVI.And be it further ordained and enacted, that memorials and certificates of discharge, to be registered in pursuance of this Ordinance, may be in the forms contained in the Schedule No.4, to this Ordinance subjoined, or in any other forms, by which the requirements of this Ordinance may be fiul- filled.XLVII.And be it further ordained and enacted, That when ever the Registrar of any District shall cease to be such Registrar, in consequence of his resignation, or removal from office, and when any such Registrar shall die, it shall be the duty of every such Registrar, who shall cease to hold the said office, and of the heirs, executors, curators.or other legal representa~ tives of every such Registrar who shall die, to deliver to the successor of every such Registrar, who shall so resign, be removed, or die, on his demand, all and every the registers, books, indexes, memorials, records, documents, and papers, appertaining to the office of such Registrar ; and in case the Registrar so resigning, or removed from office, or the heirs, executors, curators, or other legal representatives, of any such deceased Registrar, shall refuse or neglect to deliver to the successor of every such Registrar, all such registers, books, indexes, memorials, records, documents, and papers, as aforesaid, they, each and every of them, so refusing or neglecting, shall be held to be guilty of a misdemeanor, in having disobeyed this enactment, and shall besides Le liable to make satisfaction to the parties aggrieved or injured, for all such damages and costs as he, she, or they shall sustain, by reason of such refusal or neglect.XLVIII.Andbe it further ordained and enacted, that every such Registrar, to be appointed as aforesaid, shall be allowed, for the fyling, entry, and registratiou, of every memorial, to be registered in pursuance of this Ordinance, tho sum of\u2019 and no more, in case the number of words hundred words ; but if such memorial shall exceed - hundred words, then after the rate and proportion of for every hundred words, contained in such memorial, over and above the the first hundred words, and the like fees for the like number of words contained in every deed, conveyance, will, and writing, registered at full length as aforesaid, and in every certificate or copy given at the said office, and no more ; and for every search in the said office, if the names of the parties to, or who have executed the deed or instrument to be searched for, be given, and no more, and when the names of the parties are not given and no more.XLIX.And be it further ordained and enacted, that every Registrar to be appointed as aforesaid, or his sufficient Deputy, shall give due attendance at his office, every day in the week, except Sundays and holidays, between the hours of nine in the forenoon and twelve at noon, and the hours of two and five in the afternoon, for the despatch of all business belonging to the said office ; and every such Registrar, or his Deputy, as often as required, shall make searches concerning all memorials that are registered, and all deeds, conveyances, wills, and writings, registered at full length as aforesaid, and give certificates concerning the same, under his hand, if required by any person.L.And be it further ordained and enacted, that if any such Registrar, to be appointed as aforesaid, or his Deputy, shall neglect to perform his or their duty, in the execution of the said office, according to the rules and directions in this Ordinanee contained, or commit or suffer to be committed any undue or fraudulent practice, in execution of the said office, and be thereof lawfully convicted, then, and in every such case, such Registrar shall forfeit his said office, and pay treble damages, with full costs of suit, to (very person or persons that shall be thereby injured, to be recovered by action of debt, or information, in any of Her Majesty\u2019s Courts of Record in this Province.LI.And be it further ordained and enacted, That if any person or persons shall, at any time, forge or counterfeit any such memorial, certificate, or indorsement, #@ is hereinbefore mentioned and directed, and be thereof lawfully convicted, every such person so offending shall incur, and be liable to, such pains and penalties, as in and by an Act made in the fifth year therein do not exceed of the reign of Queen Elizabeth, intituled, \u2018\u2018 An Act against Forgery of False Deeds and Writings,\u201d\u201d are imposed upon persons, for forging and publishing false deeds, charters, or writings sealed, court-rolls, or wills, whereby the freehold or inheritance of any person or persons, of, in, or to any lands, tenements, and hereditaments, shall or may be molested or changed ; and that if any person shall, at any time, forswear himself before -any Registrar, appointed as aforesaid, or his Deputy, or before any Judge, District Court, jor person hereby authorized to administer an oath, in any of the cases hereinbefore mentioned, and be thereof lawfully convicted, every such person or persons so offending shall incur, and be liable to the same penalties, as if he or she were guilty of wilful and corrupt perjury, in any of Her Majesty\u2019s Courts of Record in this Province.LI.And be it further ordained and enacted, That the provisions of this Ordinance shall extend to, include, and be binding on, Her Majesty, her heirs and successors, in all the particulars herein contained.And memorials to be registered, for and on behalf of Her Majesty, her heirs or successors, in pursuance of this Ordinance, may be made and executed by the Receiver General of the Province, or the Secretary and Registrar of the Pro« vince, or the Inspector General of Her Majesty\u2019s domain, or by any other person holding an office under the Government of Her Majesty, her heirs or successors, in this Province, and having in his hands, custody, or power, the title, deed, will, notarial obligation, judgment, instrument, or writing, or a notarial or office copy thereof, or probate of such will, whereof a memorial is to be, and may be registered.And every memorial to be registered for and on behalf of Her Majesty, her heirs or successors, shrll express and contain the name, office, and placé of abode, of the person by whom such memorial shall be made, QAGBTTE DA QUEBEC, Pl the name, place of ubode, aud addition, of the debtor, or person against whom such memorial is to be, and may be registered, the date and nature of the title, conveyance, instrument, written security, document, or writing, to which such memorial shall relate, and therein mentioned, and the nature and amount (if the amount be asceriained) of the debt, right, claim, demand, or liability, for and in respect of which such memorial is to be, and may be, registered.LIII.And be it further ordained and enacted, That a certain Act of the Legislature of this Province, made and passed in the Session held in the tenth and eleventh years of the reign of His late Majesty King George the Fourth, intituled, \u2018\u201c An Act to \u2018\u201c establish Registry Offices in the Counties of Drummond, \u2018\u2018 Sherbrooke, Stanstead, and Missiskoui,\u2019\u201d and also a certain other Act of the same Legislature, made and passed in the first year of the reign of His late Majesty King William the Fourth intituled, \u201cAn Act to amend an Act passed in the eleventh \u2018 year of the reign of His late Majesty, intituled © An Act to \u201cestablish Registry Offices in the Counties of Drummond, * Sherbrooke, Stanstead, Shefford, and Missiskoui, and to ex- * tend the provisions of the said Act,\u2019 \u2018\u2019 and also a certain other | Act of the same Legislature, made and passed tn the fourth year of the reign of His late Majesty King William the Fourth, intituled, \u2018\u201c An Act to extend the provisions of the Act to estab- \u201clish Registry Offices in the Counties of Drummond, Sher~ \u201c brooke, Shefford, and Missiskoui, to Lands held in Free and ¢¢ Common Soccage, in the Counties of the Lake of the Two \u201c Mountains and Lacadie,\u201d shall, from and after the day of be, and the same are hereby repealed.Provided always, and be it further ordained and enacted, that the repeal of the said three last mentioned Acts of the Legislature of this Province, as aforesaid, shall not invalidate any Act, matter, or thing done previously to such repeal, nor alter, impair, or affect any title or right acquired under the provisions of the said Acts, or any of them; but every such Act, matter, and thing, title and right, shall have the same force and effect as if this Ordinance had not been made.And provided also, and be it further ordained and enacted, that all and every the registers, books, indexes, records, documents, and papers, appertaining to the County Registry Offices, established under and in pursuance of the said three Acts of the Legislature of this Province, shall be transmitted, by the County Registrars of the said County Offices respectively, or the persons who now hold the said offices, into the Registry Office for the District within which such County Registry Offices as aforesaid shall respectively be situated, there to remain, and make part of the records of such District Registry Office, in the custody of the Registrar thereof, for the time being.And provided also, and be it further ordained and enacted, that every Registry at full length of deeds, conveyances, contracts of marriage, wills, and writings, or of any clause or part thereof, in the Couniy Registry Offices aforesaid, in pursuance of the said last mentioned three Acts of the Legislature of this Province, or any of them, shall be deemed and adjudged to be the entry of a memorial thereof, pursuant to this Ordinance, and shall have the same cfiect upon the estates therein mentioned, in relation to all subsequent deeds, conveyances, contracts of marriage, wills, and writings, and to all other intents and purposes, as if a memorial of any such deed, conveyance, contract of marriage, will, or writing, or of any such clause or part thercof, had been entered in a District Registry Office, pursuant to this Ordinance, and the certificate signed and indorsed on such deeds, conveyances, wills, and writings, registered at full length, shall be taken and allowed as evidence of such registries, in all Court of Justices whatsoever.LIV.And with a view to the use of a uniform set of books, in the several Registry Offices in this Province, Be it further ordained and enacted, That it shall be incumbent on the Secretary and Registrar of this Province, under such directions in \u2018is behalf as he may receive from the Governor of this Province, to provide for, and transmit to, each of the Registiy Offices, to be established in pursuance of this Ordinance, within days after the passing of this Ordinance, a uniform set of books, to be used in each of the said offices respectively, as a register, indexes, and minute or day-book, the cost of which books shall be defrayed, out of any unappropriated monies in the hands of the Receiver General of this Province ; and like books, when required, shall, from time to time, be provided by the said Registrare respectively, for their recpective offices, at their own expence.LV.And be it further Ordained and enacted, That it shall be lawful for the Governor of this Province, by warrant under his hand and seal, from time to time, when he may deem it ne-~ -cessary or expedient, to authorize and require the Attorney or Solicitor General, or other law-officer ofthe Crown, or some other fit and proper person or persons, to visit the several or any of the registry offices established in pursuance of thie Ordi- | nance, and to enquire into and examine the state and condition of such offices respectively, and the registers, boaks, indexes, memorials, documents, and papers therein, appertaining to such offices respectively, and to ascertain whether the provisions of - this Ordinance be, or be not, therein well and sufficiently executed ; of which visit and examination, a reportin writing shal, by the person or persons authorized as aforesaid, be made to the Governor of the Province, by whom the same shall be laid before before the Provincia! Legislature, at the next following session thereof.\u2018LVI.And be it further ordained and enacted, That the words, \u201c Governor of this Province,\u201d wherever they occur in the foregoing enactments, shall be understood as meaning and compge- hending the Governor, or the person authorized to execute the commission of Governor, within this Province, for the time being.0 LVII.And be it further ordained and enacted, That this Ordinance, and the provisions herein contained, shall not cease or expire on ihe firstday of November, which will be in the year\u201d of our Lord one thousand eight hundred and forty-two, but shall be and remain a permanent and public law, and in force in this Province, until the same shall be repealed or altered, by compe=~ tent legislative authority.And all Judges, Justices, and other .persons therein concerped, shall take notice thereof, though the same he not specially pleaded.co 11 A * SCHEDULES, \"17 .SCHEDULE No: f.a Referred to, in the foregoing Ordinance, 3 OATHS TO BE TAKEN BY REGISTRARS, AND.DEPUTY RE GISTRARS, OF DISTRICTS.Covey 4 1.\u2014Oath of Allegiance: '., 7 I, A.B., do sincerely promise and swear, that 1 will: be faiths: ful, and bear true allegiance, to Her.MejustyXiueen VICTORIA - \u2014So help me God * \u2018 _ À 2 emmener 33 gmt\u201d 2.\u2014 Oath of Office, to be taken by Registrars, and Deputy Registrars.- 1, A.B., Registrar [or Deputy Registrar, as the case may be,] for the District of .do solemnly swear, that 1 will truly, honestly, and faithfully perform and execute the office of Registrar [or Deputy Registrar, as the case may be, ] for the District of and all and every the duties enjoined and required to be done and performed by me, as such Registrar, [or Deputy Registrar,] in and by an Ordinance of the Legislature of this Province, made and passed by the Governor of this Province, by and with the advice and consent of the Special Council for the affairs thereof, intituled, \u2018\u201c\u2018An ¢- Ordinance to prescribe and regulate tbe Registering of Titles \u201cto Lands, Tenements, and Hereditaments, Rcal or Immove- \u2018\u201c able Estates, and of Charges and Incumbrances on the same ; \u201cand for the Alteration and Improvement of the Law, in certain ¢ particulars, in relation to the Alienation and Hypothecation of \u2018\u201c Real Estates, and the Rights and Interest acquired therein,\u201d so long as 1 shall continue in the said office ; and that I have not given or promised, directly or indirectly, nor authorized any person to give or promise, any money, gratuity, or reward whatsoever, for procuring or obtaining the said office for me.\u2014 So help me God.SCHEDULE No.II.Referred to, in the foregoing Ordinance.Condition of Recognizance to be entered into, by Registrars for Districts.Whereas the said A.B.hath been appointed Registrar for the District of in pursuance of an Ordinance or Law of this Province, made and passed by the Governor of this Provinee, by and with the advice and consent of the Special Council for the affairs thereof, in the fourth year of Her Majesty\u2019s reign, intituled, \u201c° An Ordinance to prescribe and regulate \u201c the R-gistering of Titles to Lands, Tenements, and Heredita- \u2018ments, Real and Immoveable Estates, and of Charges and \u201c\u2018Incumbrances on the same ; and for the Alteration and Im- ¢¢ provement of the Law, in certain particulars, in relation to the \u201c* Alienation and Hypothecation of Real Estates, and the Rights \u201cand Interest acquired therein ;\u2019\u2014Now the condition of this Recognizance is such, that if the said A.B.do and shall well and truly, honestly and faithfully, execute the said office, and perform and fulfil all and every the duties enjoined and required to be done and performed by him, as such Registrar, in and by the said Ordinance or Law, in all things therein mentionad ; then this Recognizance to be void and of no effect ; otherwise to be and remain in full force and virtue.SCHEDULE No.III.Referred to, in the foregoing Ordinance.Form of a Deed of Bargain and Sale, executed before Witnesses.This Indenture, made the &c.Beiween A.B.of &e.of the one part, and C.D.of &e.of the other part, witnesseth, That, for and in consideration of the sum of ; current money of the Province of Lower Canada, to the said A.B.in hand paid by the said C.D.at or before the execution of these presents, (the reveipt whereof is hereby acknowledged by the said A.B.) he the said A.B.hath granted, bargained, sold, and confirmed, and by these presents doth grant, bargain, sell, and confirm, unto the said C.D.his heirs and assigns for ever, all that certain lot of land, &c.[Insert here a description of the property sold]; To have and to hold the said lot of land and premises, hereinbefore granted, bargained, and sold, or intended so to be, with their, and e very of their appurtenances, unfo, and to the use of the said C.D.his heirs and assigns for ever.In witness, &c.[L.8.] [L.s.] day of ap .B.D.Signed, Sealed, and Delivered, in the presence of E.F.G.H.SCHEDULE No.1V.Referred to, in the foregoing Ordinance.FORMS OF MEMORIALS AND CERTIFICATES OF DISCHARGE.1.\u2014Memorial of a Deed of Bargain and Sale, executed before Witnesses.A Memorial to be registered of a Deed of Bargain and Sale, bearing date the day of in the year of oyr Lord made between A.Bof in the District of Esquire, of the one part, and C.D.of &c.of the other part, [a full description of the parties to be inserted, as in the Deed,] by which said Deed of Bargain and Sale, the said A.B.for the considerations therein expressed, did grant, bargain, sell, and confirm unto the said C.D.his heirs and assigns, all that, &c.[insert a description of the property sold,] to hold to the said C.D.his heirs and assigns for ever; which said Deed of Bargain and Sale, now to be registered, is witnessed, &c.[specify here the names of the witnesses to the execution of the Deed,] and the same Deed is required to be so registered by the said C.D.as witness his hand, this day of, &ec.c» Signed in the presence of J.K.L.M.2,\u2014 Memorial of a Deed of Bargain and Sale, by way of Mori- gage, executed before Witnesses.A Memorial to be registered of a Deed of Bargain and Sale, bearing date the day of in the year of our Lord made between A.B.of Bic.of the one part, and C.D.of &c.\u201cof the other part, by which said Deed of Bargain and Sale, the said A, B.did grant, bargain, sell, and confirm unto the said C.D.his heirs and assigns, all that, &c.[Here insert description of the mortgaged premises] to hold to the said C.D.his heirs and assigns for cver ; subject, ncvertheless, to redemption, upon payment to the said C.D.his heirs, executors, curators, administrators, or assigns, of the sum of _ pounds, and lawful interest, as in the said Deed of Bargain and Sale, now to be registered, is expressed; which said Deed of Bargain and Sale is witnessed,\u2014as to the execution thereof by the said A.B.by J.D.of, &c.and E.G.of, &e.\u2014and as to the execution thereof by the said C.D.by, &e.; aud the same Deed is hereby required to be registered by the said C.D.: as witness his hand this day of, &c.oD TER QUEBEC CAZBTIE- EI.Signed in the presence of G.H.3.\u2014 Memorial of an onerous Deed of Gift inter vivos.A Memorial to be registered of a Notarial Copy of a Deed of Gift inter vivos, bearing date at the day of in the year of our Lord made between A.B.of, &c.and C.D.his wife, by him in this behalf duly authorized, of the one part, and E.F.of, &e.of the other part, [& full description of parties so be inserted, as in the Deed,] before G.H.Public Notary, and witnessess, [or before J.K.and another, Public Notaries, as the case may be,] by which said Deed or Gifi, the said A.B.and C.D.his wile, did give, grant, and confirm unto the said E.¥'.his heirs and assigns, all that, &ec.[insert a description of the property conveyed by a Deed of Gift,] to hold to the said KE.I.lus heirs and assigns for ever ; subjeci, nevertheless, toa certain life-rent, consisting of, &c.[here insert the particulars of which the life-rent is composed,] which said life-rent is payable by the said E.F.to the said A.B.and C.D.his wife, each and every year during the term of their natural lives, as in the said Deed of Gift inter vivos, now to be registered, is expressed.And the said Deed of Gift is hereby required to be registered by the said E.F.as Stns: his hand, this day of $C.E.F.Signed in the presence of L, M.N.P.4\u2014 Memorial of a Will, or of a Probate, or an Office Copy, or a Notarial Copy thereof.A Memorial to be registered of the Probate [or the original Will, or an Office or Notarial Copy, as the case may be,] of the last Will and Testament of G.H.late of in the County of in the District of bearing date, &c.by which Will the said testator did give and devise unto, &c.[as in the Will,] to hold, &ec.; which said Will was executed by the said testator, in the presence of A.B.of, &c.C.D.of &ec.and E.F.of, &c.; and the Probate of the said Will, [or the Original, or an Office or Notarial Copy, as the case may be,] is hereby required to be registered by O.Pone of the devisees therein named, as witness his hand, this day of 0.P.T.V.~ Signed in the presence of 5.\u2014Memorial of a Notaricl Obligation.A Memorial to be registered of a Notarial Copy of a Notarial Obligation, [or of the Original, if it be the Original,] bearing date the day of in the year of our Lord made and entered into by À.B.of, &c.before E.F.Public Notary, and witnesses, [or before G.H.and another Public Notaries, if the case be so,] whereby the said A.B.owned himself to be indebted to C.D.of, &c.in the sum of pounds, to be paid, &e.; and for securing the payment of the said sum of money and interest, hypothecated all that, &e.[insert the description of the hypothecited premises, as contained -in the Notarial Obligation,] which said Notarial Copy of the said Notarial Obligation is hereby required to be registered by the said C.D.as wiwess his hand, ths day of, &c.C.D.Signed in the presence of J.K.L.M.6.\u2014 Memorial of the appoiniment of à Tutor or Guardian to Minors, for the preservatiom of the Legal or Tacit Hypo- theec, rsulting from such appoiniment.A memorial to be registered of the appointment of A.B-of, &c.[insert the place of abode and addition ofthe Tutor,} to b: Tutor or Guardian to C.D., E.F.&c.minors under the age of twenty-one years, issue of the marriage of the late G.H.[the name of the father,] deceased, with the late J.K.[the name of the mother,] also deceased, which appointment was made by and under the authority of L.M.[insert the name aud the description of the Judge by whom the appoinimeut has been made,[ at &e.[the place where the appointment was made,] on the day of in the year of Lord and the said appointment hereby required to be registered, for the preservation of the legal or tacit hypothec resulting therefrom, on all the real or immoveable estates of the said A.B.situated in the District of [the nage of the District within which the registration is to be made,] by N.O.of, &e.insert the name and description of the person requiring the registration,] as witness his hand, this day of, &c.N.0 © Signed in,the presence of O.P R.S.7.\u2014 Memorial of a Judgment.A Memorial to be registered of a Judgment jn Her Majesty\u2019s Court of Common Pleas, in the Division thereof, being the Division held in the Territorial Division of of the Term of in the year of our Lord between A.B.of, &c.Plaintiff, and C.D.of &e.Defendant, in a Plea of Debt for pounds, with interest from, &c.and costs taxed at pounds ; which said judgment was rendered on the day of the said month of and is hereby required to be registeded by the said A.B.as witness his hand this day of &c.À.B, T.P.8 \u2014 Certificate of Discharge from a Judgment whereof a Memorial has been registered.To the Registrar for the District of I, A.B.of, &c.do hereby certify, that C.D.of, &c.that paid and satisfied to me all such sum and sums of money as was or were due and owning upon a Judgment recovered in Her Majesty\u2019s Court of Common Pleas, in the Division thereof, being the Division held in the Territorial Di- Signed in the presence of vision of of the Term of in the year of our Lord by me, the said A.B.against the said C.D.for pounds, debt, and pounds, costs, a Memorial whereof was registered on the day of in the Novemser 12 year of our Lord in Register B.No.And I do hereby require an entry of such payment and satisfaction to be made, in the Register wherein the same is registered, pursuant to the Ordinan:e or Law in such case provided, as witness my hand, this day of in the year of our Lord, &c.A.B.Signed, and satisfaction acknowledged, in the presence of J.K.of, &e.L.M.of, &c.9.\u2014A Certificate to discharge a Mortgage.To the Register for the District of I, A.B.of, &ec.[the mortgagee in the deed or his heirs, executors, curalors, or administrators] do hereby certify that C.D.of, &ec.hath paid and satisfied all such sum and sums of money as was or were due and owing upon an Indenture of Mortgage, bearing date the day of in the year of our Lord made between the said C.D.of the one part, and me the said A.B.of the other part ;a Memorial whereof was registered on the day of in the year of our Lord in Register B.No.and I do hereby require an entry of such payment and satisfaction, to be made in the Register, wherein the same is registered, pursuant to the Ordinance or Law in such case provided, as witness my hand, this day of in the year of our Lord A.B Signed, and satisfaction acknowledged, in the presence of \u201cO.P.of, &e.R.S.of, &ec.10.\u20144 Certificate to Discharge a Notarial Obligation and extinguish the hypothec thereby constituted.To the Registrar of the District of I, A.B.of, &e.[the hypothecary obligee or creditor, his heirs, executors, curators, or administrators] do hereby certify that C.D.of, &e.hath paid and satisfied all such sum and sums of money as was or were due and owing upon a Notarial Obligation, bearing date the day of in the year of our Lord made and entercd into by the said C.D.to me and in my favor, as the obligee therein named, before E.F.Public Notary and witness, [or before EE.F.and another, Public Notaries, as the case may be,] whereof a Memorial was registered, on the - day of in the year of of our Lord in Register B.No.and F do hereby require an entry of such payment and satisfaction, to be made in the register wherein the same is registered, pursuant to the Ordinance or Law in such case provided, as witness my hand, this day of in the year of our Lord , G.B.Signed and satisfaction acknowledged, in the presence of J.K.of, &e- L.M.of, &é.Draught of An Ordinance to provide means of keeping in repair that part of the Road from this Province to New Brunswick, commonly called the Temiscouata Portage Road.% HEREAS divers sums of the public money have becn appropriated for repairing and improving that part of the Road from this Province to the Province of New Brun:- wick, which is commonly known by the name of the Temis- couata Portage Road, and for alternig the line of the said Road in places where such alteration was necessary; and whereas- Thomas Allen Stayner, Her Majesty\u2019s Deputy Post Master General for British North America, and William Henry Griffin, Esquires, have been appointed, and now are Commissioners for superintending the expenditure of the sums so appropriated as aforesaid, and for making, repairing and altering the said Road,.and have caused the same to be made, repaired, and altered accordingly; and wh reas it is expedient to provide means for keeping the said Road in permanent and efiicient repair; Be it therefore ordained and enacted by His Excellency the Governor of the said Province of Lower Canada, by and with the advice and consent of the Special Council for tle affairs of the said Province, constituted and assembled by virtue and under the authority of An Act of the Parliament of the United Kingdom of Great Britain and Ireland, passed in the first year of the reign of Her present Majesty, intituled, *¢ An \u201c Act to make temporary provision for the Goverment of \u201c Lower Canada,\u201d and also by virtue and under the authority of a certain other Act of the same Parliament, passed in the Session held in the second and third years of the reign of Her present Majesty, intituled, \u201c An Act to amend An Act \u201c of the last Session of Parliament, for making temporary \u2018* provision for the Government of Lower Canada; andit is hereby ordained and «nacted by the authority of the said Acts of Parliament, that the said Thomas Allen Stayner and William Henry Griffin, shall be, and they and the Survivor or Survivors of them, are hereby constituted Trustees for keeping the said Road commonly called the Temiscouata Portage Road, in per manent and efficient repair.II.And be it further ordained and enacted by the authority afor: said, that from and after the first day of January, in the year one thousand eight hundred and forly one, the said Trustees shall and may cause a Turnpike-gate and Toll- house to be erected on and across the said Road at any point which they may deem most fit, within one mile of the place where the river called the Greeen River crosses the said Road, or if this position should be fo.nd inconvenient, or not to answer the object intended, the said Turnpike-gate may be erecied on such other part of the said Portage Road as the Trustees may think proper, and the said Trustees may erect any such barrier or barriers on either side of the said Road as they may deem necessary to prevent persons using the said Road from avoiding the payment of the Tolls hereinafter established, and shall and may demand, levy, exact and receive \u2018at the said Turnpike-gate and Toll-house, from each and every person passing the same and using the said Road, the several rates and Tolls hereinafter mentionad ; that is to say ;\u2014for each four-wheeled carriage drawn by one horse or other beast of draught, one shilling and sixpence currency ; for each twos wheeled carriage drawn by one horse or other beast of draught, one shilling and one penny currency ; for each Sleigh, Berline, Train or other winter carriage drawn by one horse or other beast of draught, one shilling and one penny currency ; for each additional horse or other beast of draught, harnessed to any such carriage aforesaid, nine pence currency ; for each saddle horse, or horse, mare, gelding, ass, or mule not har nessed to any carriage, one shilling currency ; for each head of neat cattle not drawing, nine pence currency ; foreach sheep, pig, calf or lamb, four pence and one half penny currency ; Provided always that the said Trustees may from time to time = \u2014 US m0 Ul me On RT = > Bo 1 TENS TEPER e TRE noo TY 5 Re a {8do_ GAZUE DE QUEBEC: + 88 ry diminish the said Tolls and rates respectively, to any sums not less than two thirds of those dbove mentioned, it they shall be of opinion that aftersucli diminution the tolls tollected will suffice to keep the said road in proper repair, and may again increase the said \u2018Tolls, so as in no case to dxceed the rates above mentioned.Aud it is further provided that dutil the act shall come into operation within the distriet of Quebec wliich is to enforce the use df high runnered winter carrigges upon thie public roads, it shall be lawful for the Trustees to inuke an abatement fiot exceeding one half the ordinary rates upou such high tannered winter carriages constructed according to the rovisions of the Ordinance 3 Victoria chapter 25, drawn by horées abreast, ds shall Ld nsed upon the said Temis- éduata Portage Road.111.Aid be it futtHer otdained and enscted by the authority aforesaid, that it shall be lawful for the said Trustees to cause any animal or carriage on and in res- ect of which any Toll may under the provisions of this Bost eee be due, to be detained until such Tulls be fully aid and satisfied ; and if any persont or persons shall Prveiby pass or attempt to pass the said Turnpike-gate, with any carriage or animal on which a Toll may be due, without having paid such Toll, such person or persons ghall incur a penalty not exceeding forty shillings for eatli offerice, to be recovered with costs, before any one Justice of the Peace, on the oath of any one credible witness ; and such penalty shall be paid to the said Trustees, and inake part of the fund hereby appropriated 18r keeping the said Road in repair, and on the default of payment thereof on conviction, such Justice of the Peace may commit the offender to prison for any time not exceeding six days, ; ; IV.Pruvidëd always, and be it further ordained and enacted by the authority aforesaid, that Her Mujesty\u2019s Mail and persons, animals and carriages employed in the conveyance thereof ; Her Majesty\u2019s Offices and Soldiers being in proper staff or regimental or military tmiform, dress or uadress and their horses (hut not when passing io hired or private vehicles) and all carriages and #nimals belonging to Her Majesty or employed in Her Service,when conveying persons in such service or returning therefrom, and all recruits marching by route shall pass toll-free through the said Turnpike-gate.; V.And be it further ordained and enacted by the authority aforesaid, that the Tolls collected and the penalties levied ander the authority of this Ordinance, shall be vested in th said Trustees; and shall be employed and expended by them in keeping the said road in a state of good and efficient ir RL And beit furthét ordained and enacted by the authority aforesaid; that the said trustees shall cause a Table of Tolls exigible at the time being, to be legibly and plainly printed, and affixed in a conspicuous position at the Turnpike-gates VII.And be it further ordained aud enacted by the authority aforesdid,that any majority of such of the said Trustees for the time being as may be then within this Province,or the shrvivor of the said Trustees or any one of them being present in this Provihce, when the others shall be absent therefrom, shall and may have and exercise each avd every power hereby vested in the said trustees; Vill.And be it further ordained and enacted by the authority aforesaid; that the suid Tiustees shall lay detailed accounts of all monies by them received or expended under the authority of this Ordinance, supported by proper vouchers, and also detailed reports of all their doings and proceedings under the said authority before such officer, at such times, and in such manner and form as the Governor, Lieateoant Governor or person adwioistering the Govern- nent for the time being; shall direct.1X.And be it further ordained and enacted by the authority aforesaid, that the due application ofall monies received under the authority of this Ordinance, shall be accounted for to Her Majesty, Her heirs and successors through the Lords Commissioners of Het Majesty's Treasury for the time being, in such manner and form as Her Majesty, Her heirs and Successors shall be pleased to direct.X.Aud be it further ordained and enacted by the authority aforesaid, that this Ordinance shall be a public Act, and shall be judicially noticed as such by all Judges, Justices of the Peace, and other persons whomsoever without being specially pleaded.XI.And beit further ordained and enacted by the authority aforesaid, that this Ordinance shall be and is bereby made permanent, and shall remain in force until repealed or altered by competent authority.ABSENT DEBTORS.Provirice of Lower Canada District of Montreal, IN THE KING'S BENCII.Monday, the nineteenth day of October, 1840.Present : The Honorable Mr.Justice PykE, 66 \u201c Mr.Justice RoLLAND, « 4 Mr.Justice GaLE, THOMAS COCHRAN CAMERON, heretofore of Montreal, now of London, in that part of Great Britain called England, Esquire, heretofore a Lieutenant in Her Majesty\u2019s Seventy- Ninth Regiment of Foot, as well in his own name and fiduciary Legatee and Trustee of the last will and testament of the late Jemima Ermatin- ger, his wife, as in his capacity of Tutor duly appointed to the administration of the property and person of Frederick William Cameron, a minor child issue of his marriage with the late Jemima Ermatinger, his wife, deceased, Plaintiff ; vs.CHARLES OAKES ERMATINGER, now of Hemmingford, in the District of Montreal, Esq., as well in his own name as one of the heirs at law, and residnary Legatees of the late Charles Oakes Ermatinger, in his lifetime, of Montreal aforcsaid, deceased, as in his capacity of Tutor duly appointed to Jane Ermatinger, of Montreal, aforesaid, minor child of the said late Charles Oakes Ermatinger, and as the surviving Executor Montreal aforesaid, now an absentee, Esquire ; JAMES ERMATINGER, of Montreal aforesaid, Esquire ; ANN ERMATINGER, of Montreal; aforesaid, Spinster usant de ses droits ; all heirs at law and residuary Legatees of Charles Oakes Ermatinger, in his lifétime of Montreal aforesaid, Esquire.Defendant ; No.110.HE Court, on motion of Huan Tayror, Esquire, of Counsel for the suid Plaintiff, inasmuch as it appears by the return of the Sheriff to the writ of summons in the said cause issued, that William Ermatinger, one of the said Defendants, cannot be found within this District, and hath no domicile therein ; doth order that the said Defen- daut, William Ermatinger, be notified by twoad- vertisements in the Quebec and Montreal Gazettes, to appear before this Court, and answer the suit of the Plaintiff, Thomas C.Cameron, within two months from the first advertisement, pursuant to the Ordinance in such case made and provided, and in default by the said Defendant to appear and answer to the suit and demand within the delay aforesaid, permit the said Plaintiff to proceed and obtain judgment as in an action by default.By the Court, MONK & MORROGH, P.K.B.Porviace of Lower Cananda, ?District of Montreal.IN THE KING\u2019S BENCH, Monday, the nineteenth day of October, 1840.Present : The Honorable Mr.Justice PYkE, « es 6 RoLLAND, cc (14 «\u20ac GALE, ! THOMAS COCHRAN CAMERON, heretofore of Montreal, now of London, in that part of Great Britain called England, esquire, heretofore a Lieutenant in Her Majesty\u2019s seventy-ninth regiment of foot, as well in his own name and fiduciary legatee and trustee of the last will and testament of the late Jemima Ermatinger, his wife, as in his capacity of tutor duly appointed to the administration of the property and person of Frederick William Cameron, a minor child issue of the marriage with the late Jemina Frmatinger, his wife, deceased\u2014Plaintiff ; vs.CHARLES OAKES ERMATINGER, now of Hemmingford, in the district of Montreal, esquire, as well in his own name as one of the heirs at law, and residuary legatees of the late Charles Oakes Ermatinger, in his lifetime, of Montreal aforesaid, deceased, as in his capacity of tutor duly appointed to Jane Ermatinger, of Montreal, aforesaid, minor child of the said late Charles Oakes Ermatinger, and as the surviving executor and administrator of the last will and testament of the said late Charles Oakes Ermatinger ; William Ermatinger, heretofore of Moutreal, aforesaid, now an absentee, esquire ; James Ermatin- ger, of Montreal, aforesaid, esquire ; Ann Er- matinger, of Montreal aforesaid, spinster, usant de ses droits ; all heirs at law and residuary legatees of Charles Oakes KErmatinger, in his lifetime of Montreal aforesaid, esquire\u2014 Defendants.No.108.THE Court, on motion of Hugh Taylor, esquire, of counsel for the said plaintiff, inasmuch as it appears by the return of the sheriff to the writ of summons in the said cause issued, that William Ermatinger, one of the said defendants, cannot be found within this district, and hath no domicile therein, doth order that the said defendaut William Ermatioger, be notified by two adversisements in the Quebec and Montreal gazettes, to appear before this court and answer the suit of the plaiintiff, Thomas C.Cameron, within two months from the first advertisement, pursuant to the Ordinance in such case made and provided, and la default by the said defendant to appear and answer to the suit and demand withiu the delay aforesaid, permit the said plaintiff to proceed and obtain judgment, as in an action by default.By the Court, MONK & MORROGH, P.K.B.DEBITEURS ABSENTS.ProvINcE Du Bas-CANADA, District pe MONTREAL, COUR DU BANC DU ROI.Lundi, le dix-neuvième jour d'Octobre, 1840.PRESENS $ L'Honorable Mr, le Juge Pyke, cc RoLranp, «6 GALE.THOMAS COCHRAN CAMERON, ci-devant de Montréal, maintenant de Londres, dans cette partie de la GrandeBietagne appellée Angleterre, ci-devant Lieutenant dans le soixante-dix- and administrator of the last will and testament of the said late Charles Oakes Ermatinger ; WILLIAM ERMATINGER, heretofore !of QUEBEC ;-#Printod and Published under Royal Authority neuvième régiment d'Infanterie de Sa Majesté, tant en son propre no met légataire en fidei.commis et cessionnaire nommé dans le testament by Joun CHARLTON FisHER and WILLIAM KEMBLE, : de feue Jemima Ermatinger son épouse, qu\u2019en sa qualité de tuteur duement élu à l\u2019administration des biens et au soin de Ja personne de Frederick William Cameron, enfant mineur, issu de son marriage avec la feue Jemima Ermatinger, son épouse décédee, Demandeur ; vs.CHARLES OAKES ERMATINGER, maintenant de Hemmingford, dans le district de Montréal, écuier, tant en son propre nom comme l\u2019un des héritiers et légataires résiduaires de feu Charles Oakes Ermatinger, en son vivant de Montréal susdit, décédé, qu\u2019en sa qualité de tuteur duement élu à Jane Ermatinger, de Montréal susdit,enfant mineur du dit feu Charles Oakes Ermatinger, et comme exécuteur et administrateur survivant du testament du dit feu Charles Oakes Ermatinger ; WILLIAM ERMATINGER, ci-devant de Montréal susdit, maintenant absent, écuier, JAMES ERMATINGER, de Montréal susdit, écuier, ANN ERMATINGER, de Montréal susdit, fille majeure et usant de ses droits, tous héritiers et légataires résiduaires de Charles Oakes Ermatinger, en son vivant de Montréal susdit, écuier, Défendeurs: No.108, A Cour, sur motion de Hugh Taylor, écuier, Avocat du dit demandeur, en autant qu\u2019il parait par le retour du Shérif au writ émané en cette cause, que William Ermatioger, un des dits défendeurs, a laissé son domicile en cette Province, et qu\u2019il ne peut être trouvé dans ce district, ordonne que le dit défendeur, William Ermatinger, soit notifié par deux avertissemens, qui seront publiés dans les Gazettes de Qu bec et de Montréal, de parais tre en cette cour, pour répondre à la demande du demandeur, Thomas C.Cameron, sous deux mois après le premier de ces avertissemens, suivant l'Ordonnance ; etqu'a défaut du dit défendeur de pa- raitre et répondre à la dite demande dans l'intere valle susdit, il soit permis au demandeur de procé« der au jugement, tel que dans une action par défaut; Par la Cour, MONK & MORROGH, P.B.R.PROVINCE DU Bas-UANADA, DisTRiCT DE MONTREAL.COUR DU BANC DU ROI.Lindi, le dix-neuvième jour d'Octobre, 1840, Présens : s Honorable Mr, le Juge Pyxz, ce RozLAND, \u2018 GALE.THOMAS COCHRAN CAMERON, ci-devant de Montréal, maintenant de Londres, dans cette partie de la Grande Bretagne appelée Angleterre, ci-devant Lieutenant dans le Soixante-Dix-neu- viime Régiment d'Infanterie de Sa Majesté, tant en son propre nom et l\u2019égataire en fidei-commis et Cessionaire nommé dans le testament de feue Jemima Ermatinger son épouse, qu\u2019en sa qu\u2019alité de Tuteur duement élu à l\u2019administration des biens et au soin de la personue de Frederick William Cameron, enfant mineur, issu de son mariage avec la feue Jemima Ermatinger, son épouse d/cédée, Demandeur ; vs, CHARLES OAKES ERMATINGER, maintenant de Hemmingford, dans le District de Montréal, Ecuier, tant en son propre nom co.nme l\u2019un des Héritiers et Légataires r.siduaires de feu Char'es Oakes Ermatinger, en son vivant de Montréal susdit, décédé, qu\u2019ensa qualité de l'uteur due- ment élu à Jane Ermatinger, de Montréal susdit, enfant mineur du dit feu Charles Oakes Erma- tinger, et comme Executeur et Administrateur survivant du testament du dit feu Charles Oakes Ermatinger ; WILLIAM ERMATINGER, ci devant de Montréal susdit, maintenant absen*, Ecuier; ANN ERMATINGER, de Montréai susdit, fille majeure et usant de ses droits, tous Héritiers et Légataires résiduaires de Charles Oakes Ermatinger, en son vivant de Montréal susdit, Ecuier, Défendeurs.No.110.LA Cour, sur la motion de Huou TarLon, Ecuier, Avocat du dit Demandeur, en autent qu\u2019il parait par le retour du Shérif au writ émané en cette cause, que William Ermatinger, un des dits Défendeurs, a laissé son domicile en cette Province.et qu\u2019il ne peut être trouv: dans ce District, ordonne que le dit D.fendeur William Ere matinger soit notifié par deux avertissemens, qui seront publiés dans les Guzettes de Québec et de Montréal, de paraître en cette Cour, pour r\u2018pondre à la demande du Demandeur, Thomas C.Cameron, sous deux mois après le premier de ces avertissemens suivant I'Ordonnance, et qu'à défaut du dit Défendeur de paraître et répondre à la dite demande dans l'intervalle susdit, il soit permis au Demandeur de procéder au jugement, tel que dans une action par défaut.Par la Cour, MONK & MORROGH, P.B.R.Printer tr 4 = °° a, \u201c, \u201c,