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Appendix (C.C.C.)

30th July.

RETURN

TO AN ADDRESS OF THE LEGISLATIVE ASSEMBLY TO HIS EXCELLENCY THE Governor
GENEPAL, dated 23rd July, 1851; for "Report of the Inspector of the Queen's Domain,
"at Quebec, on the subject of that part of the Craig's Road which passes through the
"Parish of St. Nicholas, in the Seigniory of Lauzon, and the obligation to keep which
"in Repair is imposed upon the Inhabitants of the Parish of St. Giles, in County of
"Lotbinière, and all Documents relating thereunto."

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That there is a Road, of the length of a mile and a half, in the Parish of St. Nicholas in the Seigniory of Lauzon, now the property of the Crown, and that this Road, one mile and a half in length, extends to the Boundary Line between the Parish of St. Giles and the Parish of St. Nicholas.

That this road, established by procès verbal of the seventh, eighth, ninth, tenth, and eleventh of August, one thousand seven hundred and ninety-two, by the name of the Grande Route, and now known by the name of the "Craig Road," extends from the boundary line above mentioned, to the parishes of St. Giles, St. Sylvester, &c.

That the maintenance and repairs of one mile of this road is compulsory on the inhabitants of St. Giles, and that of the other half mile, already belongs to Government.

That the lands lying opposite to the mile of road of which the maintenance is compulsory on the inhabitants of St. Giles, are not yet conceded, and belong to Government, and that if these lands were conceded, the grantees of those lands would be bound for the maintenance of this road: that consequently Government being proprietor of these lands ought to be bound to maintain the said mile of road, in the same manner as it is bound to maintain the half mile of the said road.

That it is unjust that the inhabitants of St. Giles should be exclusively burdened with the maintenance and repair of a road, situated in the Parish of St. Nicholas.

That great difficulties have arisen between the inhabitants of St. Giles and the inhabitants of St. Nicholas, in respect to the maintenance of this mile of road, and that these difficulties have been submitted to the various Municipal Councils, which have refused to settle them.

and the road itself likewise, rightfully belongs to
That seeing the lands adjoining to this road belong,
Government, the road ought not to be left chargea-
ble to the public;

Wherefore, Your Petitioners pray Your Excel-
lency to take their Petition into your favorable consi-
deration, and to discharge the inhabitants of St. Giles
of the burden of maintaining the said mile of road,
and to place the same under the charge of Govern-
ment, as justice requires.

And Your Petitioners will ever pray, &c.
(Signed,) JAMES CHADWELL,
and sixty-two others.

ST. GILES, 20th October, 1848.

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Appendix (C.C.C.)

30th July.

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Appendix For the advantage of the Crown, and in order to the profitable administration of the Seigniory, I pro- (C.C.C.)

QUEBEC, 15th November, 1848. || pose that a Legislative enactment should be brought

I have the honor to transmit to you the Petition of the inhabitants of St. Giles, in the County of Lotbinière, and to request that you will kindly invite His Excellency the Governor General's favorable consideration of the prayer which it contains.

forward, to re-unite the conceded Lands, which 30th July. have been abandoned, to the Domain.

I am, very sincerely,

Sir,

Your very humble Servant,

(Signed,) P. PARADIS,

Agent for Lauzon.

Crown Lands Office,

Montreal.

I have to inform you that a new Magistrate is re-
quired in the Parish of Lotbinière, I beg you there- T. BOUTHILLIER, Esquire,
fore, to cause the name of Mr. Urbain Noël, of Lot-
binière, whom I recommend to fill the Office of
Justice of the Peace,-to be included in the Commis-
sion of the Peace for the District of Quebec.
gentleman is one of the Municipal Councillors of the
County of Lotbinière.

I have the honor to be,

Sir,

Your very obedient Servant,

This

(Copy.)

QUEBEC, 5th November, 1850.

(Signed,) JOS. LAURIN,

M.P.P.

Honorable J. LESLIE,

Provincial Secretary.

SIR,

In obedience to the order of reference of His
Excellency the Governor General, made on the
Petition of certain Inhabitants of St. Giles, trans-
mitted to me with a letter from the Assistant Com-
missioner of Crown Lands, dated 19th May, 1849,
complaining of being held to the repairs of a portion
of Craig's Road, which passes through the Parish
of St. Nicholas, in the Seigniory of Lauzon, as fixed
by a procès verbal of the 7th, 8th, 9th, 10th, and
11th August, 1792, and praying that the Crown
would take upon itself such repairs, as proprietor of
the Seigniory of Lauzon, through which it passes;
I have the honor to report to you for the informa-
tion of His Excellency, that having visited the
locality and inquired into the circumstances of the
case, it appears to me that equity as well as expe-
St. Henry, 19th March, 1849. diency is in favor of the Government bearing the

OFFICE OF THE Agent of THE SEIGNIORY OF
LAUZON,

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The facts stated in the Petition of the inhabitants and in Mr. Dionne's letter, are true; but I am ignorant that any person has asked for Lands from the Agents of the Crown in that part of the Seigniory. I am informed, however, that Sir John Caldwell, refused to concede the Lands in question, and kept the road in repair himself. I have not had the road repaired, because I considered that the Crown had nothing to do with it. I have no knowledge that the Municipal Councils have refused to settle the matters in dispute, between the inhabitants of St. Nicholas and St. Giles, concerning this road; and even that there have been difficulties between them on that account. In order to relieve the Crown from its liability to this work, I propose that the Lands in question should be conceded; but the prompt concession of them appears rather difficult, inasmuch as their value is not above mediocrity.

expense of putting this part of the Road into a pro-
per state of repair. Two of the lots through which
by Sir John Caldwell, with a view to the Canal
it passes had been conceded and were taken back
being made which was to supply the St. Nicholas
Mills with a larger quantity of water, and the others
view. Now, from the increased traffic on the Road,
were purposely not conceded, partly with the same
it has become in so bad a state, that it would be a
considerable burthen upon the Inhabitants of St.
Giles to sustain its repair and future maintenance;
and this has also deterred persons from conceding,
the effect of which would be to burthen the Conces-
sionaires with this duty to the extent of their re-
spective lots; whereas I believe the greater part if
not the whole could be conceded, subject to any
rights in reference to the Canal, were it once pro-
perly repaired. I should, therefore, respectfully
recommend that this be done at the Government
expense, the amount of which I have had estimated
at from £45 to £50 currency. Mr. Michael Kelly,
who lives upon the spot, and has the maintenance and
superintendence of another part of this Road which is
at the charge of Government, and of the Woods in the
Parishes, would undertake this work either by the
job or by daily labour, to be approved of by the
Inspector; and knowing him well for a person who
may be trusted, I would suggest the propriety of

Appendix

employing him for this object, should it be under-Woods and the Roads, calculated at £10 per annum (C.C.C.) taken.

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(Copy.)

SIR,

QUEBEC, 22nd November, 1850.

Appendix for the Woods, and £12 for the Roads. I found (C.C.C.) that previously he had received £10 per annum for Woods, and the Roads were repaired by day labour, which often exceeded £12 per annum ; and I thought it best to grant a fixed remuneration. He is still charged with these duties.

The soil in the locality is not particularly good, but if the Road was in order, the land would be, I feel confident, all taken up.

The local authorities are disinclined to interfere, and I would still recommend the repair of the Road at the Government expense.

I have the honor to be,
Sir,

Your obedient and very humble Servant,
(Signed,) F. W. PRIMROSE,

In reply to your letter of the 9th instant, in refe-
rence to the Petition of the Inhabitants of St. Giles, TO FELIX FORTIER, Esquire,

SIR,

Crown Land Department,
Montreal.

I.G.D.R.

QUEBEC, 27th June, 1851.

In reply to your letter of the 7th December last, requesting further information respecting Craig's Road in St. Nicholas, I have the honor to state, in reference to the different queries contained therein, as follows:

and other matters connected with the same subject,
I have the honor to state to you that the Canal does
not run through any other lands than those designat-
ed on the plan, until after it passes beyond the limits
of No. 10, and when beyond those limits, until it
joins the Mill stream, it passes either through lands
which have never been conceded, or which, having (Copy.)
been conceded, had been taken back by the late Sir
John Caldwell. The only conceded land through
which it passes is the land of Mr. Michael Kelly, who
did not get his concessions until after the Canal was
made, and subject to which they were made; under
the conditions, however, of the proprietor of the
Canal making and keeping the banks of it in good
order, or to pay damage occasioned by neglect, as
also to make the necessary fences and gates when
required, and not to take materials without the con-
sent of the Censitaire. To these conditions the
lessee ought and is willing to be bound. I under-
stand that the lots taken back were surrendered by
deed, but I have as yet been unable to ascertain
whether they exist or not. Many of the titles in
Lauzon have been destroyed by fire; but the pos-
session has been so long that there is no danger of
trouble on that account. I do not apprehend any
I do not apprehend any
difficulties in respect to this matter, and would not
recommend the granting the shorter lease to Mr.
Ross, as if he had any apprehensions, I feel sure of
obtaining another tenant on the same terms.

Mr. Arthur Ross did, during his lease, make a
portion of the Canal as represented, being desirous
of having a different outlet from the Beaurivage,
than the old one. But the road in question is of no
more use to the lessee of the Mills than to any
ordinary traveller. It is one of the great outlets to
the Townships which occasion much traffic, and it
would, as it appears to me, be an injustice to charge
such lessee with the repair.

To the 1st. I do not understand that the land called the Fief St. Felix, forms any part of Lots Nos. 1 and 2,-and I am informed that the same has never been surveyed or conceded.

2nd. The Canal from Lot No. 7, runs through Lots Nos. 8, 9, 10, and 11, and is sixty-five arpents long before it joins the mill stream.

3rd. Kelly, has two Lots in St. Elizabeth, Nos. 10 and 11, having three arpents in front each.

4th and 5th. The road now at the charge of Government, runs through Lots, 3, 4, 5, 6, 7, 8, 9, 12, 13, and 14; of these 6, 7, 8, 12, 13, 14, had been conceded to different individuals, and were taken back by Sir John Caldwell. I am not aware that any were afterwards conceded and abandoned.

6th. I am not aware that Mr. Ross had any
authority given him to cut a new Canal through Lots
No. 3, 4, 5, 6. I should think it unjust to charge
The portion of the Road at the charge of Govern- the lessee with the repair of the road opposite those
ment consists of two of the lots immediately in ques-Lots, because the road is the great highway from
tion, and which, having been conceded, had been
taken back by Sir John Caldwell. They are, I
believe, Nos. 7 and 8, but the old pickets are not
standing; there are also several lots beyond No. 10,
nearer the Mill, which are under similar circum-
stances, and in consequence have been at the charge
of the Seignior.

Mr. Kelly, ever since I have had the management, has been allowed £22 per annum for the care of the

St. Nicholas to the Townships, and not made use of
by him for the purpose of this new Canal, otherwise
than as a common traveller along the road.

7th. I do not conceive that this new Canal forms
any obstacle to the conceding of the Lots through
which it runs.

8th. I believe I have been applied to for concessions of one or two of the Lots near the St. Giles

30th July.

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9th. I believe that persons would concede the undisposed-of Lots, at the reduced rate of 78. 6d., per ninety arpents, but I imagine they would expect the road to be first put in a fair state of repair.

In consequence of your directions I informed Mr. Kelly, that his services were no longer required, one effect of which has been, that there are great complaints of the state of the road, and the authorities having applied on the subject to Mr. Paradis, have, as I have been told, been informed by that gentleman, that he had nothing to do with it unless he received orders from the Crown Land Department, which he had not done.

In reference to the charge made by Mr. Kelly, for the road and as Forester, it amounted to less than it cost previously; the distance of road to be repaired extends over from eight to nine Lots of three arpents broad, running in an oblique direction. I have reason to believe there were no such depredations as are stated to have taken place during his care of the woods, but I shall cause him to give full explanations on the subject, which he is desirous of doing, feeling that he has, as he conceives, been very unceremoniously dismissed from his employment.

I have the honor to be,
Sir,

Your obedient and very humble servant,

(Signed,) F. W. PRIMROSE, I.G.D.R.

TO FELIX FORTIER, Esquire, Crown Land Department.

(Copy.)

CROWN LANDS DEPARTMENT,

Montreal, 7th December, 1850.

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of these lots to individuals, who have abandoned Appendix them, as stated in Mr. Dionne's letter of 22nd (C.C.C.) April, 1849.

6. Was there any authority given to Mr. Ross to cut a new Canal through lots Nos. 3, 4, 5, 6; if so, by whom, and if not, why do you consider it more just to charge the Government with the road opposite these lots, than the lessee who makes use of the same for the purposes of this new Canal?

7. Is this new Canal an objection to the conceding of the lots through which it runs?

8. Have you ever been asked for a concession of any of these lots? Please state the rate Kelly pays for his land No. 10.

9. Do you believe that the reduction of the actual rate of cens et rents to 7s. 6d. per every 90 arpents, would induce persons to take grants of the lots undisposed of opposite the Road in question?

If I understand well your letter of the 22nd ultimo, Kelly is still employed as Forester and Keeper of the Road at the expense of Government; if so, please inform him that his services are no more required, and call upon him to account for the large depredations of timber in the winters of 1848, 1849, 1850. His charges of 20s. per month for the keeping of half a mile of Road appears to be most exhorbitant.

The Agent, Mr. Paradis, will receive instructions to attend to this subject.

An early answer to this letter will oblige.

I have the honor to remain,

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30th July.

SIR,

I am sorry to trouble you again for further information respecting Craig's Road, in St. Nicholas, without which I cannot make any report to the Executive.

Question 1. Does the land called Fief St. Felix, and comprized within the red line marked on the plan, form part of lots Nos. 1, 2, and if not, was it ever surveyed and conceded?

2. How far runs the Canal from lot No. 7, and where does it join the Mill stream? A sketch would be very desirable.

SIR,

OFFICE OF CROWN LANDS,

Montreal, December 7th, 1850.

I recently received a letter from Mr. Primrose, by which I am informed that a person named Kelly, has been employed since 1845, to execute the repairs of a part of the road in the Concession St. Elizabeth, Parish of St. Nicholas, at the rate of £12 per annum. I have written to inform Kelly, that his services are

3. What frontage have Kelly's lands in St, Eliza- no longer required, and to request him to explain beth? State their number.

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how it happened that so many depredations have been committed on the wood, in the course of the two last winters; to instruct him, moreover, to give you directions concerning the wood, and the road, which seems to extend no more than fourteen arpents front. Mr. Narcisse Dionne, who resides at St. Giles, at a short distance from this road, considers that its maintenance and repair is worth five shillings per arpent per annum. At some future time I will write further to you respecting this road. As to the

Appendix wood in the unconceded lands in St. Nicholas, you (C.C.C.) must necessarily make an arrangement with some one, to guard them; but before concluding the bar30th July. gain, let me be acquainted with the terms of the agreement. You must take care that the Woodman is a trust-worthy person.

As to wood on lands now occupied by persons who have no title (squatters), it is difficult to give you instruction at this distance. You are on the spot, and therefore better able to suggest what is fit to be done. Everything depends on the quality of wood which is still standing in the Parishes of St. John Chrysostom, and St. Isidore. You will give me explanations on this subject.

I desire to have an answer to my letter of the 12th October last, and to know whether you have taken any steps, in conformity with the instructions contained in my letters of the 13th and 14th September, and that of the 8th October last, to which you gave only a partial answer in yours of the 21st of the same month.

SIR,

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OFFICE OF CROWN LANDS,

Appendix Of the lots marked on the plan, are there any that the Seignior has resumed, and that he has always (C.C.C.) held since he so resumed them?

According to the Table of 1835, several of these lots seem to have been conceded, but it cannot be known exactly which.

Is there nowhere to be found a plan of the Seigniory, or of each Parish in the Seigniory, with traces of the ancient surveys, and of the divisions of the lots.

Have the goodness to procure information on these heads from Mr. Têtu the Notary, Mr. Lambert, and also, from Mr. Primrose, if you meet him at Quebec, and communicate to me the result of your inquiries.

I have the honor to be,

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The applicants pray to be discharged from the keeping in repair of a certain Road in the Concession

Montreal, 10th December, 1850. of St. Elizabeth, in the Parish of St. Nicholas,

I transmit to you a small plan, which relates to the road of which I spoke in my letter of the 7th instant, to make known to you the locality in question, and to enable you to suggest what is proper to be done, and to give answers to the following questions:

Have Lots Nos. 1, 2, 3, 4, 5, 7, 8, 9, been already conceded since resumed by the Seignior, and again subsequently conceded by him to new Censitaires, since the opening of the Canal?

When Mr. Lambert made his return of the occupiers of land in 1846, who occupied these different lots? Had those occupants titles?

Does the portion included within the red line, and named Fief St. Felix, form part of lots 1, 2, 3, and of the Concession St. Elizabeth? If not, say whether it has ever been conceded or divided, in order to be conceded? Is it your opinion that these lots might be conceded without difficulty, at the new rate (7s. 6d. per 90 arpents.) Is the Canal passing through those lots injurious, and an obstacle to their

settlement?

Seigniory of Lauzon, one mile and a half in length,
half a mile of which road, they state, is now at the
charge of Government.

The applicants are bound to keep the road in question in repair, pursuant to a procès verbal made in 1792, directing that the Seignior of Lauzon, having given the ground requisite for the road therein mentioned, would be free from all duties relative to the same, and that the individuals who would thereafter take lands in Lauzon, near the new established road, would have their shares of the same to keep in repair.

The applicants allege that the lands opposite the road have not yet been granted, and that Government, as proprietor of the same, should in justice keep the road in repair.

Mr. Paradis, the Agent, in order to relieve the Crown, suggests that the lots of lands be conceded; but their small value is represented as an obstacle to an early disposal.

According to Mr. N. Dionne (one of the applicants) the portion of the road they allude to, runs from No. 9, inclusive, to the Seigniorial line, and thence through the Fief Gaspé, as far as Mr. C. H. What is the length of this Canal beyond Lot No. Têtu's property in St. Giles, that lots 7, 8, 9, were 10, towards the North?

What width of land does Kelly hold in that locality, and what are the numbers of his lots?

I shall be obliged to you for a small diagram of the course of this Canal.

at first conceded, and afterwards taken back by the
Seignior of Lauzon, for the purposes of a Canal and
the use of his Mills, who again re-granted to three
individuals the same lots; these individuals have
abandoned their lands since. The rate they were
charged appears to have been 22s. 9d. per land of 90
arpents.

30th July.

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