Lord Elgin by Sir John George Bourinot
page 142 of 232 (61%)
page 142 of 232 (61%)
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colony of England in North America.
During the French régime the officials of the French government frequently repressed undue or questionable exactions imposed, or attempted to be imposed, on the _censitaires_ by greedy or extravagant seigniors. It was not until the country had been for some time in the possession of England that abuses became fastened on the tenure, and retarded the agricultural and industrial development of the province. The _cens et rentes_ were unduly raised, the _droit de banalité_ was pressed to the extent that if a _habitant_ went to a better or more convenient mill than the seignior's, he had to pay tolls to both, the transfer of property was hampered by the _lods el ventes_ and the _droit de retraite_, and the claim always made by the seigniors to the exclusive use of the streams running by or through the seigniories was a bar to the establishment of industrial enterprise. Questions of law which arose between the _seigneur_ and _habitant_ and were referred to the courts were decided in nearly all cases in favour of the former. In such instances the judges were governed by precedent or by a strict interpretation of the law, while in the days of French dominion the intendants were generally influenced by principles of equity in the disputes that came before them, and by a desire to help the weaker litigant, the _censitaire_. It took nearly a century after the conquest before it was possible to abolish a system which had naturally become so deeply rooted in the social and economic conditions of the people of French Canada. As the abuses of the tenure became more obvious, discontent became widespread, and the politicians after the union were forced at last to recognize the necessity of a change more in harmony with modern principles. Measures were first passed better to facilitate the |
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