Lower Canada Reports Seigniorial Questions Decisions Des Tribunaux Du Bas Ca

Cover Lower Canada Reports Seigniorial Questions Decisions Des Tribunaux Du Bas Ca
Lower Canada Reports Seigniorial Questions Decisions Des Tribunaux Du Bas Ca
Qubec Province Special Court Held Under the Au
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" Here the King expressly declares that the law and Custom of the Parlement of Paris shall be the guide, in so far as the same could be carried out in the Colony, due regard being had to the great objects which he had in view, the nature of his grants and the obligations which he had imposed on the grantees. The feudal contract which he and the seignior had made, necessarily implied feudal obedience, 24/ and in taking the grant for the primary purpose of carrying out the Policy of the Crown, an...d charged with the positive obligation of distributing these lands for his Sovereign, he could not be supposed to retain in his own power under color of law, a means of defeating the great objects of the grant itself. — I consider therefore that under the feudal law as it was introduced into Canada, the seigniors were bound to distribute the lands granted to them, and that in granting these concessions, they were bound to grant them at a mere- ly nominal rent, modicum canon and that such was their obligation at the time of the passing of the arrets de Marly.

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