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All other original copies are filmed begin. ^ing on the first page with a printed or liluatratad impres- sion, and (ending on tha last page with a printed or illustrated impreaaion. Laa axemplaircj originaux dc>nt la couvarture en papier est imprimie sont filmINIONS nRG.UIDINCi THE PORT AND HARBOUR OF MONTREAL. 2Sth Geo. III. (178S), Chap. 5. " An Ordinance for regulating the Pilotage in a. poai..! by "the River Saint Lawrence, and for prevent- chap. 12, sc'c. '' ing abuses in the Port of Quebec." I. This is the first Act to be found in our printed Statutes, in which mention is made of a Fort. It refers only to the '' Port of Quebec." It will be observed that the word " Poi-t" is used as well in the English as in the French title of the Ordinance. It is not to be found in any other part of the English version. But we find the word "Harbour" in the 17th, 18th and 19th Sections; whilst in the corresponding French Sections the word Port is used, and not the word ^^ Havre. "" II. The second Act is the Ordinance passed in 1790,R»iH'aK-»l by nOth Geo. III., chap. !, to amend the above cited Ordinance fi!;*;'*,'^"^' of 1788. ''■ '■ We read the words " Port of Quebec " and " Captain of the Port " in the 5th Section, and " Captain of the Port " and "Ports of Quebec and Montreal" in the 7th Section, although there were no Ports at that time, or at least no Ports tlie limits of which had been legally defined. This remark applies more particularly to Montreal, the Port of that name Bopcali'd liy Act of ISdi dinp. 11!. lli'j>fiiliMl l>y Art of IHt'.i, dill]). 114. having' only been o.stahli.slicd fo. the first time by tlie Act of 1882. 2iid Will. IV., chap. 24, lioreiimftor mentioned. III. In the year 171>7 an Act was \msnL\\ (aith (leo. ill., chap. 4) to amend the two foregoing Ordinances. In rot'erence to the Port of Quebec, tlie woj-ds " Bason " and "Port"' are used as synonymous: " Bason or Port of Quebec," in the lirHt and sec(md sections. IV. In the your IHOo there was jjassed an \ct iTitituIcd ; " An Act lor the l)etter reguhition of Pilots and Shlp^in;;; in the Port of (jKcber and in the Harimim of Quebec and Montreal, and for improving the navigation of the River Saint Ijawrcnee, and for establi.shing a Fund for decayed Pilots, tlu'ir widows and children:" (4r)th Geo. III., chap. 12). 1. By the 2iHh Section, the above cited Ordinances and Acts of 1788, 17''0 and 17t>7 are repealed. 2. This is the lirst Act which appears to have defined what w as to be considered the Port of (^ueher " for the purposes of this Act," as well as the Harbour »f Quebec and the Harbour a f Montreal, for the said purpos(:< ; " (sec the Oth section) as follows : '' The Port of Quebec shall be held and deemed to com- prehend all that part of the Biver Saint Lawrence between the Island of Bic, and the anchorage thereof inclusive, up '• to the Point of Saint Anne's, above the City of Montreal, " The Harbour of Quebec shall comprehend that part of the River from Saint Patiick's Hole to the River of Cape Rouge, both inclusive. " The Harbour of Montreal shall comprehend that part of " the said River from the Bay below the current of Saint " Mary's, inclusive, up to the said Point of Saint Anne's." 3. The same Section (6th) provides for the appointments of two clashes of Branch Pilots, one " for and below the Harbour of Quebec," and the other " for and above the fiaid harbour," 4. In the Act of 1805, the word " Havre '* in the French a a (( tlie Act of io»c(.l. (Jco. ill., " Bason '* or Porb of nititulcd : lilpj.iii;; in hielx-c and the River r decayed III., JC-) ance.s and vc defined " for the hicbec and (sec the d to com- e between lusive, up Montreal, it part of ir of Cape at part of t of Saint, inne's." poiutment below the ibove tite version, seems to bo always rendeird in the Kn.i:;liHh by the word ''Harbour;" and the words -Baron or I [arbour of Quebec" are ofteu used h» that Act as having but one and the Bamc nicanin;j;, so are the words •'Captain of the Port of Quebec," or " IIarl)our Master of (Mebec." The latter word seems to desijinate one and the same officer ; but, by the li2nd Sectitni, it is enacted that "The Captahi of the " Port of Quebec shall, from henceforth, be called the *' Harbour Master of Quebec ; " and in the same section are to bo found the wor^.s " The hcach of the said Harbour." r». The first section provides for the esta1>lishment of ''The Trinity H(mse of C^iebec," tt) be composed of a Master, a Deputy Master, " to reside in the City of Quebec," and of a certain niunber of Wardens, not to exceed seven, (of whom the Captain of the Port of (hicbec or Harbo\u- Master of (Quebec, and the Superintendent of Pilots, or their successors, are to be two) ; four of the Wardens to reside in the City of (Quebec, and three in the City of Montreal. 0. P>y the same section (the 1st) the Master, Deputy Master and Wardens, and their successors, are declared to bo a body corporate and politic, in name and in deed, by the name of the Master, Deputy Master and Wardens of the Trinity House of Quebec, and to have perpetual succession and a common seal, and by the same name they may sue and be sued, imp' ' ^e impleaded, answer and be answered, and are cap. '■ to purchase, have, hold, receive, enjoy, poss ')! immoveable estates, for the purpose of orecti use or light houses, and beacon or beacons, and movea.. , -M'ty, for otherwise improving the navigation ajid Pilotage of the River Saint ^awrenco. V. In the order of dates, is to be mentioned the Act of J;;;i.''^"/fg|;^ 1807, *47th Geo. 3, chap. 10, amending the Act of 1805. chap. ii4. ' It makes use of the words " Port of Quebec" and " Harbour Master of Quebec" and mentions " The naval officer of the |;Naval^Offi^^^^ Port of Quebec," as being an office already in existence. Quei)ec." le Frencl ti ALSO. Aft of 1H4!», i'lmp. III. VI. TheAH,ofl811,r,lBtGeo.li:,chap.i2, in wl.icl. (Section, lltn and 18tl.) mention is ma.lo of" the Harbour of the C'nl ciiup. 1 14. 52nd Geo. HI, chap. 12, the words " Port" and " Harbour"' the ,'»■ arc made use of together, but api)arfnu/ botli to mean only ♦•The Harbour:" as in the ♦-'lowhi';; passu j^e : "Separate " Funds established as v,t.ii i,c Pilots For the River St. " Tjawrence hdow the Poti an(k Harhonr of Quebec, as for <' Pilots for the River St. Lawrence ibovr the Port and -- " Harbour of Qu'.bec." The word '^ !»ort" in the foilowin;,' words, "above the Port of Quebec," in the first section, is correctly rendered in the corresponding Frencn section, by the word ' Havre" which moans " Harbour ;" since the enactment in which it is to bo found, can only ajiply to the " Harbour" and not to the " Port" of Quebec : otherwise, there would be no sense in the enactment. The word '- Port" is there intended precisely to signify what is meant by the word " H;irl)our" used in a previous part of the same section in connection with the decayed Pilot Fund. VHI. In another Act passed in 1819, r)9th Geo. HI, chap. i>, the word " H?,%ou-" in the preamble is rendered in the French by the v rd " Port," which is not correct ; for it has reference only to the llarboar of Quebec, and not to the I'ort ; likewise, the word Port is incorrectly used in the two versions of the enactn^ents of the first section, instead of the word " Harbour," since the Harbour only is meant, and not the Port. IX. In the 1st and lOtli Sections of an Act passed in 1822, 2nd Geo. IV., chap. 7, are to be found the words, "Port of Montreal," although there was then no such Port in existence. The word Port was so used in that Act as no doubt meaning " Harbour." X. The first Act which provides for the ai)pointment of Commissioners in cornection with the Harbour of Montreal, HailjuurCom- is an Act passed in i830, 10th and 11th Geo. IY.,chap. 28, intituled : " An Act to provide for the improvement and liipoalod i.y enlargement of the Harbour of Montreal." » ,.i,ai>. 75. 1. The Montreal harbour, then legally known as such, was the Harboiu- above descrit)ed, the limits of which had been fixed by the Act of 1805. 2. By the Act of 18i}0, chap. 28, power is given to the Governor to appoint three Commissioners " for the purpose of carrying this Act ir.to effect/' (Section 1st.) '5. " The Commissioners shall proceed to imjirove and " enlarge the said harbour, according to the Plan made by '• Captain Piper, &c., &c. ; provided, always, that only that " portion of tlie said work lying between the upper end of '• :>Ioreau\s Wharf (marked No. 2 on the said' Plan) and " Saint Gabriel Street (marked No. h on the said Plan), "including the imi)rovements of Market Island and the '' lieiH'tement of that jiart of Commissioners Street which is "included within the said Hmits, shall be commenced or " undertaken under the authority of this Act ; provided '• further that no part of the said\voi-k shall be undertaken " or commenced until the property of the said Market Island "shall be vested in the said Commissioners, and their " successors are hereby empowered to take, have and hold " the same in tr^iHt for the purpom aforesaicV (Section 2nd.) 4. It must be here remarked that the works to be done under the authority of the Act of 1830, were confined to a limited portion of tlie harbour ; and it would seem that, the said Avorks having been once performed, the Statute of 1830 had had its full accomplishment and become effete ; that the Commissioners wore not to have the administration or management of the harbour, nor of the said works, since such management was not conferred upon them, with the excep- tion (it might, perhaps, be contended) of the Market Island, which they were authorized to take and hold in trust. ^ 5. On the other hand, it being expressly declared by the Statute of 1830 that the taking and holding of the Island was " for the purposes of this Act," it might, not without apparent good ground, be contended that the ends of the Act being, by the execution of the works, accomplished, the possession of Market Island in trust by the Commissioners, coulu not be legally extended beyond that time. 0. Such, it appears, would be the state of things, were ni a V the Statute of 1S30 the only huv en.' ctod uith ro^;ar(l to tliat subject. XI. But ill 18r'l tliere was passed another Act, 1st J'afjual.d l.r Wilh IV., chap. 11, confcn•ill,^ larger powers upon the ^j^.^^" .,!/•'■ Commissioners, and evidently having for its object to give them, for an indefinite period, the administration or manage- ment, if not of the harliour itself, at least of the works executed under their direction. 1. First, they have the power to borrow a sum of ,£10,000, in ftddition to the like sum of £10,000 which they had already been authorized t*- borrow under the Act of 1830, " for the purpose of defraying the expenses attending the " execution of the work therein mentioned,"" that is to say, of the works undertaken under the authority of the Act of 1830. 2. Certain rates (jf Avharfage and dues are made payable (by Section 3rd) on all vessels, &c., I^inr/ at any part of any of the wharves or qitayi^ erected or to he ereeted under the authority of the Act r.^/"1830, and on certain enumerated articles, «Stc., &c., such rates and duetto be levied nntd the 1st of May, 1833. (Section 4th.) 3. The Commissioners have the right to apjioint a Collector «»f the said rates and dues, to sue for and recover the same, kc, &c. (Section Gth. ) They are likewise authorized to seize and detain boats, &c., doing injury to " the said wharves or quays, or to any of the works erected under the authority of the Act of 1831 ." (Section Tth.) They are the persons who are to pay oif the principal and interest of the sums liorrowed. (Section 5th.) 4. The Commissioners are moreover required annually to submit to the three branches of the Legislature a detailed and particular account of the moneys by them received and expended under the authority of this Act of 1831, or of the said Act of 1830, as well as of the vessels, &c., upon which tolls shall have been levied during the preceding year, together with a statement of their [iroceedings in the execu- tion of their duties. (Section 9th.) Jlcpcalfd liv Act of I84:.. chuj). 7til the 1st May, 1835 ; on which day they expired ; and from that time the said rates and dues were received by the Collector appointed by the Crown to collect the same, and mentioned in an Ordinance of the .-^.ecial Council of 1839, 2d Vict. (3 ) chap: 62. (see Wicksteed's taUei^ under the 1st Will. IV., chap. 11.) XV. By an ordinance of the Special Council, passed in R<|nji!<(l !•> 1838, 1st Vict., chap. 23, the haibour Commissioners arc,'.]'.,,]'-,; " further authorized to borrow a sum of .£40,000 " for the purposes of defrayin;^ the expenses attending the execution of the work mentioned in the said Acts," that Istoaay in the Acts of 1830 and 1832. (Section 1.) 1. It Avill be observed that uj) to the time of the passing of the Ordinance of 1838, the works to be executed under the direction of the harbour Commissioners were the specific works mentioned in the Acts of 1830 and 1832, and were- confined to a very limited portion of the Montreal harbour ; to such works therefore, and not to any other thing, were the powers of superintendence and management vested in the Commissioners, to extend. It must also be observed that at that time the limits of the Montreal hai-bour were still the same as those fixed by the Act of 1805. 2. But by the second Section of the Ordinance of 1838, it is enacted that it shall be lawful for the Commissioners, in the improvement and enlargement of the said harbour of Montreal, to proceed to the entire execution of the Plan of Captain Piper, of which mention is made in the second Section of the Act of 1830, and to the completion of all and every the works which may be necessary for such entire execution of the said nan. 12 3. Lawful fur the said Couiinissloners to cany on the level of Commissioners Street and the prolongation thereof, accord- ing to the rian and level of Captain Piper, kc. (Section 3.) 4. And ''for the greater improvement, utility and convenience of the said harbour, and for the more easy communication between the citj and the harbour," the Commissioners are authorized hy the same Ordinance to purchase "certain dwelling houses, land and premises, erected and being on the south side of the old market place and between the said market plnce and the River," and also " certain pieces or parcels of land contiguous to the said harbour for tlie purpose of widening and prolonging the fitreet called Commissioners Street, in front of the" said harbour." (Section 5tli). And the right of property, title and interest in and to the same, arc vested in the harbour Commissioners and their successors, for the purpose of the said Acts of 1830 and 1832, and of this ordinance of 1838. (Section 8.) XVI. After the first of May, 1837, there ceased to be a Trinity House at Montreal, the temporary act of 1832 having Act oVfsi? ''''P"''''^ ^" ^^'""^ "^""y- ^"* ^" *1^^ 14th of March, 1839, there chap. 117. ' ' was passed an ordinance of the Special Council, 2d Victoria, chap. 19, which established a new Trinity House in the City of Montreal, distinct from that of Quebec. (Section 1 and 3.) 1. The limits which this ordinance fixes for the Ports of Quebec and of Montreal, are not the same as those settled by the temporary act of 1832, chap. 21. 2. According to the second Section " the Port of Quebec shall not hereafter extend, or be deemed to extend, higher uj> the River Saint Lawrence, than the Basin of Portneuf inclusively, in the District of Quebec ; and the Port of Montreal, shall extend from the said basin of Portneuf, exclusively, to the Province line, and shall include such parts of the several rivers falling into the Saint Lawrence within the said limits, as shall be within this Province ; provided always that the limits of the harbour of Quebec and the Port of Quebec-. Port of Montreal . Harbour of • <3uebec. 13 harbour of Montreal shall be and remain as established by the Harbour of „ ^ -^_ ,, Montreal. Act of 1805." 3. The Montreal Trinity House is to consist of a Master, a Deputy Master, and five Wardens ; they are declared to be a body politic and corporate, in name and in deed by the name of " The Master, Deputy Master and Wardens of the Trinity House of Montreal," and to have perpetual succession &c., &c., and to be capable in law to purchase, have, hold, receive, enjoy, possess, and retain moveable property and immoveable estates "/or the purpose of erecting a light-house or light_ houses, beacon, or beacons, or otherwise improving the navigation and pilotage of the River St. Lawrence, and other rivers within the limits of the Port of ^loutreal." (Section 3.) 4. The Trinity House of Montreal is " to hear and determine all matters and thing? relating to an>i beach of the River St. Lawrence ; or of any other rivers within the yitmc^«e^w/i of the Corporation." (Section 7.) 5. By the 28th Section, power is given to that Corporation to purchase certain islands, lands and premises, pieces and parcels of land within the said jurisdiction, " for the more safe, convenient and easy navigation of the River St. Lawrence, and other rivers within that jurisdiction, for the purpose of erecting a suitable and convenient house in the City of Montreal, for the use of the said Corporation, and for erecting light-houses, beacons and land marks ;" and the right of property in the same, when so purchased, is declared to be vested in the Corporation '•' for the purposes aforesaid.'* (Section 31.) XVn. In the same Session of the Special Coimcll, on the ittpeaicd by 13th April, 1839, another Ordnance, 2d Vict., chap, G2, ^-hap. 76. was passed, having for object the more easy collection of the harbour dues at jMontreal. By the first Section, it is provided that all the rates, tolls, wharfage dues and harbour dues, of any kind whatsoever, imposed by the Acts of 1831, chap. 11, and 1832, chap. 30^ 14 shall be levied by, and paid to the person appointed to receive and collect the same, by the Governor ; and the person so appointed is to be called " The Collector of Harbour Dues." (Section 1.) This officer may sue and recover any s^uch rates, tolls and dues, or may seize and detain any vessels, &c., &c. (Section 2.) Hepoaled b.\ Act of 184r), X'Jmp. 7(). i| i XVIII. On the 13th of May, 1840, the Special Council passed another Ordinance, 8d Vict. chap. 28, to authorize .the harbour Commissioners to borrow an additional sum of .£23,000 "for the purpose of defraying the expenses attending the execution of the works mentioned in the said Acts (1830 and 1832) and in other Acts and Ordinances relative to tiie said Iiarbour, and in this Ordinance." (Section 1.) 1. By the 3d Section, the Commissioners have power, •'• in and for the improvement and enlargement of the harbour of Montreal, to proceed to the entire execution of the plan here- -tofore approved and sanctioned, with reference to such improvement and enlargement of the said harbour, and to the completion of all and -very the works which may be necessary for such entire execution, of the said Plan, and of ;dl and every the works mentioned in the Ordinance herein last above cited." (No such ordinance had yet been cited.) 2. The Commissioners may, with the consent and approval of the Governor, " continue the revetcment wall and filling in, from their present termination at Grey Nuns street, upwards to the entrance lock of the Lachine Canal, and to make a double ramp at Grey Nuns street, and to purchase and hold so much of the ground now belonging to Nahum Hall, as may be necessary for the said purposes, or to make a wide and easy access to the wharves of the said harbour from the said canal ; and to continue the said revetement wall and filling in from their present lower termination from St. Gabriel Lane downwards, to the Crovernment works at the Commissariat Store."" (Section 4.) 3. The steam-dredging vessel, with all its apparatus and 15 ointed to and the r Harbour 3over any etain any ,1 Council authorize l1 sum of expenses the said dinances inance." ) power, harbour !an here- to such •, and to may be , and of Q herein 1 cited.) approval d filling street, , and to iirchase Nahum make larbour stement >n from orks at lus and machinery, purchased under the authority of an Act of 1830, chap. 19, is placed under the control and management of the Commissioners "' to work and use the same within the said harbour." (Section 5 and G.) 4. By the 8th Section, lands or real property ac(i[uired by the Commissioners, under the authority of this Ordinance, are declared to be vested in the Commissioners and their successors " for the purposes of this Ordinance, and of the said Ordinance (1st Vict. chap. 23), and the Acts of the Provincial Legislature, relative to the said harbour and hereinbefore cited and mentioned." (Section 8.) XIX. By another Ordinance of 1840, 3d Vict. chap. 29, 1!.i..hI.. By the 0th Section, the rates of wharfage and dues nnposed by the Acts of 1881, chap. 11, and of 1882, chap. 86, are abolished from and after the 1st May, IHll, and others are substituted in place and stead thereof, to be levied and i)aid on " all vessels, &c., and on all articles landed or disem- i)arkedfrom, or shipped or put on board of any such vessel, &c., ln^nu at any part of the tvhari^es, quays or other ivorkl erected or comtructed, or to he erected or comtr acted, for the improvement of the harbour of Montreal by the said Commh- Hioners, their predecessors or successors in office as such, under the authority of any Act or Ordinance heretofore passed or of this Ordinance, or lylny, whether in the dream or other- toise, within any part of the harlmir of Montreal, which shall FOR THE puRi'osES OF THIS ORDINANCE, be held to extend from the Laehine Canal ivharf to the lower extremity of the revetcmont wall, tliat is to tlio point where the said wall .joins the Government works at the Commitmriat store:' 0. Sucli rates of wharfage to be received and applied by the Commissioners ; they may appoint any person to receive the same, and allow to such person 2 J per cent. C Section 10.) 7. All and every the powers and a\ithorities vested by the Ordinance 2d Vict. chap. 62, in the Collector of the harbour dues with regard to the rates, tolls and wharfage dues in the said Ordhiance mentioned and to the recovery thereof, are vested in and may be exercised by the said Commissioners with regard tc the now rates?, (fee, (Section 11.) 8. It is to be observed that until the passing of the said Ordinance of 1841, chap. 12, there Avas but. one harbour of Montreal, extending, according to its limits as fixed by the •mmissionors Ibrin the lino of the street 11 run, wliieh Corporation lid City of .ind dues 2, chap. 86, and others levied and d or disem- uch vessel, ^thcr 'worka Icd^ for the •I Cuynmu- e as such, ibro passed m or other ' t'hicli shall, to extend ;rcniity of ) said wall toreJ^ ipplied bj to receive (Section cd by the c harbour les in the !reof, are nissionors ■ the said irbour of d by the 17 Act of 1805, from the Bay below the current of Sahit Mary's to the Point of Saint Anne's ; but after the passing of that Ordinance, there existed two harbours of Montreal, the one as established by the Act of 1805, and the oth by the 9th Section of this Ordinance ; the latter being included in the former, but having much more restricted limits ; thus we have what may be called the old harbours or harbour of the Trinity House, and the new harbour or harbour of the Commissioners ; all which tending not a little to create confusion and conflict of authority. XXI. In the first Session of Parliament after the Union, Repealed by 1841, there was passed an Act, 4 and 5 Vict. chap. 59, tochap^m^'^' authorize the construction, by the Board of Works, of certain Light Houses, or Lights, within the limits of the Port of Montreal. (Section 1st.) Such Light Houses and Lights, completed, and the ground (if any) acquired for the site thereof, to be transferred to and vested m and maintained by the Corporation of the Trinity House of Montreal. (Section 3). Additional rates of dues, called Light Duties, are imposed upon all ships, &c., &c., " coming into the Port of Montreal, from any place below and beyond the limits of the said Port," and are to be paid to and collected by " the naval officers of the Port of Quebec, or such person as shall perform the duties of that office at the Port of Montreal," and to be, by that officer paid over to the Trinity House of Montreal, to be applied by that Corporation, amongst other things, to " the improvement of the navigation of the River Saint Lawrence, within the limits of the Port of Montreal, and the general purposes of the Corporation. XXII. The next Provincial Act in the order of dates, is an Act of 1845, 8. Vict. chap. 7 G, which repeals several of the Acts and Ordinances above mentioned, viz., 10th and llth Geo. IV., chap. 28, 1st Will. IV., chap. 11. 2nd Will. IV., chap. 36, 1st Vict. chap. 23, 2d V. (3) chap. 62, 3d V. chap. 28 and 29, and 4th Vict. chap. 12. 18 1. This Act of l.S4r, ia entitkMl, '' An Act to provide for tho improvomout, and cnlar^re,„ent of the Harbour of Montreal, tf) authorize tlie Coinmissioncr8 to borrow a further ,suni of money for that purpose, to consohdate the laws now in force relating to the same, and for other i.uri)ose8 therein mentioned." 2. The Harbour Commissioners heretofore appointed are continued in ofKce. (Section 2.) 8. The steam-dredging vessel mentioned in tho Act of 1830, chap. 19, is placed under the management of tho Commissioners, " to work and uso the same within the said harbour for so long a period, in such manner and for such purposes, as they and their successors shall think fit." (^^ Section 4.) Harbour of ^ ^' ^^ *^'^ ^^^^' ^^^tion, it 18 enacted " that the said Moutnal for ' Harbour of Montreal, and the space which shall bo and is certan, pur- .. j^^reby declared to be under the control and management " of the said Commissioners, and their successors in office, "shall be, and the same, for the purposes of this Act, ia " hereby declared to be bounded as follows* to wit ; such " space shall begin at the lower extremity of the Lachine " Canal wharf, and shall extend downwards to the lower " extremity of the revetement wall, that is to the point whore " the said wall joins the Government works at the Commissari.'^t " store and the Government wharf; and the boundary on the ^'1 side next to the city of Montreal, shall be the north-west " extremity of the water course running parallel with and " adjoining the revetement wall in the street or hi-hway " runnmg along the whole line of the wharves now known as " Commissioners street ; and all the portion between tho " said extremity of the said water course and the city of " Montreal, shall be under the control and management of " the Corporation of the Mayor, Aldermen and citizens of " the said city of Montreal." 5. The Commissioners are authorized to construct new wharves and other works ; " The whole in conformity with 19 "the plana and specifications of John Clift', Architect, now *' deposited to remain of record in the office of the Secretary '* of the Province." (Section 1>.) 6. The application and payment of the monies arising from tolls, rates and wharfjige duos, imposed by the said Act, are directed to he made by the Commissioners, in the manner specified by the 10th Section, first to defray their expenses of collection and those received by them in keeping the works constructed " by the said Commissioners, their predecessors or successors in office, kc, &c." 7. By the 11th Section, the Commissioners have f^uthority to levy and receive the said tolls, wharfage and harbour duea. 8. They and their successors in office, hava power to appoint officers, agents, clerks, &c., &c., and to allow them reasonable salaries, &c. (Section 12.) 9. The Commissioners " shall have power and authority, *' in their own names as such Commisifioners, to sue and be " sued, plead and be impleaded, bring or defend, or cause to " be brought or defended, all suit or suits at law, or in equity " in all Courts and places whatsoever, and to take all " proceedings necessary and requisi:c to enable them, the said " Commissioners, and their successors in office, to carry out " and perform all and every the dutiea, terms and provisions " in this Act contained.'''' (Section 13.) 10. The 14th Section fixes the rates of wharfage and dues to be levied and paid on all ships, &c., and on all articles landed from or taken on board of all ships, &c., " lying at or near to any part of the wharves, quays, piers or other works erected or constructed, or to be erected or constructed under the authority of any Act or Ordinance, hei'etofore passed, or under the authority of this Act, or lying whether in the stream or otherwise, within any part of the harbour of Mon- treal, as the same is hereinbefore declared to be bounded and to extend.''^ 11. And by the 15th Section, the said rates of wharfage and dues are made payable to " tlie CoUectoi ,'f Customs at 20 the Port of Montreal, for and on behalf of the said CommisHioners and their successors in office," on demand ; and the Commissioners " nmy sue for and recover any and all such rates and dues &c., and lui' o power, even before jad;^ent to seize any sliip, &c., &c. 12. "If any injury shall bo done to the said wharves or " quays, or to any of the works now erected, or which may " be erected under the authority of this Act, by any ship, " vessel, steamboat, boat, barge, scow, raft, or other craft, "willfully or by the carelessness of the crew, hu not " otherwise, it shall be lawful for the said Commissioners and " their successors in office, or for any person employed by them " or under them as aforesaid, to seize and detain," &c., &c. (Section 17.) The Commissioners are recjuircd annually to submit to the Governor a detailed account of the monies received and expended by them, with a statement of their proceedings. (Section 19.) 14. It must be remarked that under this Act of 1843, there continued to be two Harbours of Montreal, as under the Ordinance of 1841, chap. 12, with their respective limits as then existing. XXIII. The Act of 1845 was amended by an Act passed in 1847, 10th and 11th Vic, chap. 56, the second section of which is in the following terms : " Whereas, from the pressing and urgent demands for " wharf and beach accommodation on the part of individuals " engaged in the lumber and firewood trade, it is necessary " to extend the limits of the paid Harbour of Montreal, and " to give to the said Commissioners power and authority over " such neiv and other limits ; be it therefore enacted that *' the limits of the said Harbour, shall from and after the *' jassing of this Act, be considered and deemed to extend " (in iiddition to the present limits) downwards from the *' lower extremity of the Government Beach lots,, to the " lower extremity of the Victoria Road, in St. Mary 21 stain," &c., &c. a 4( ♦* Suburbs ; and it sliall be lawful for the Commissioners of *' tho said Harbour, and their successors in olfifo, lo •' construct, build and erect a Beach wharf from the said '' lower extremity of the said Oovernmont property to the " foot of Saint Nicolas Tolentin Street, coverin^^ a frontage "*of about 860 feet ; and the said Commissioners shall ar .t may have and exercise over the said additional boundaries or space hereinbefore mentioned, all and every the same control, powers, authority, rights and privileges which are " given to and conferred on them with respect to and over " the boundaries and space mentioned in the 5th clause of '' the said Act here])y amended," viz : the Act of 1845, chap. 76. By the 3rd Section the Commissioners are authorized to borrow a sum of £7,000 for the construction of certain works mentiuiietl in the 5th section. By the 6th Section, a new tariff of rates and dues h substituted, in lieu and stead of the tariff established by the Act of 1845. Although the words " said liarbour," used in the second section of the Act of 1847, refer to " The Harbour of Montreal " as mentioned in the title and first section of the Act witliouk any distinction betAvccn the old and the new harbour, it is obvious that the words apply to the latter and not to the former ; for, notwithstanding the extension given to its limits by this Act of 1847, yet the New or Commis- sioners' Harbour continues to be more limited than the old Harbour, which extends to the Bay beloAV the current of St. Mary's. XXIV. By the Act of 1840, 12th Victoria, chap. 119, the Repealed by Commissioners are authorized to commute the harbour dues pj^*" ' l^^^^ accruing to them, with the Cha ^ plain and iBaint Lawrence Railroad Company, and Avith the Saint Lawrence and Atlantic Railroad Company. It was a temporary Act ; and besides, it has been repealed by a.. Act of 18d' , chap. 97, Section 6. oo Port of Montreal- Harbour of Montreal. XXV. The Ordinance, 2. Vict. (.3) chap. 19, by which the Montreal Trinity House had been established, and the Act of 4th and 5th Vict. chap. 50, above cited, have been repealed by an Act of 1849, 12th Vict. chap. 117, and by which the provisions of the former arc amended and conso- lidated. 1. The Corporation of the Trinity House of Montreal, is not constituted a new Corporation ; on the contrary, it continues to subsist as it existed before the passing of this Act, by the name of" The Trinity House of Montreal," and the members and officers thereof are continued in their respective offices, without any new commission. (Sections 1 and 3.) 2. The Corporation may sue and be sued, &c., and is declared to be able and capable in law to acquire property " for the purpose of erecting Light Houses or Beacons, and for the other purposes of this act." (Section 1.) 3. By the 4th Section, it is enacted that for all the purposes of this act, the Port of Montreal shall be held and deemed to comprehend all that part of the River Saint Lawrence which extends from the Basin of Portneuf, exclusively, in the County of Portneuf, in the district of Quebec, to the Province Line formerly dividing the Provinces of Upper and Lower Canada, and shall include the several rivers falling into the Saint Lawrence within the said limits, and the Harbour of Montreal, /or the said purposes shall be held and deemed to extend to, and comprehend that part of the said Ri 'er St. Lawrence extending from the Point, commonly called Point St. Charles, to the south-west-end of the Military Hospital below the Quebec Barracks ; and it shall be incumbent on the master, deputy master and wardens to cause to be erected land-marks to indicate the said Boundaries, which land-marks shall be taken to determine the same." 4. The Trinity House have power " to have and determine o any boach of the River St. all matters and thinss relating t 2n liawrence or of any rivers, witliin the Jurisdiction of the Corporation." (Section 7.) 5. The offices of Captain of the Port of Montreal and Harbour master of Montreal, are to be held by one and the same person, who is to be called " Captain of the Port of Montreal." (Section 31.) 6. The Corporation is authorized to acquire cctain Islands, lands, buildings, &c., for the purpose of erectinj:; a suitable house in the City of Montreal for the use of the said corporation, and for erecting Light Houses, Beacons and Land-marks," for the more safe, convenient, and easy navigation of the River Saint Lawrence, and other rivers within the Jurisdiction of the said Trinity House," (Section And any such property to be vested in the said Corporation for the purpose aforesaid. (Section 35.) 7. Certain tonnage duties to be levied in certain cases. (Sections 40, 41 and 42.) 8. All moneys levied and raised under this act (excepting the Poundage for the Montreal decayed Pilot Fund) are to be applied to the improvement of the navigation of the River Sk. Lawrence, and other waters within the limits of the Port of Montreal, and for the other purposes and requirements of this Act under and by authority of the Corporation of the Trinity House of Montreal, (Section 43, see also Section 49), for fines and penalties. 9. It will be observed that after the passing of this Act, the old harbour of Montreal as originally established by the Act of 1805, chap. 12, lost a considerable portion of its eastern limits, by being restricted, under this new Act, to the south- west end of the Military Hospital. ^ Then the old harbour became from that moment more limited in extent than the new or Commissioners' Harbour, which at that \ iod extended, in that direction, to the lower extremity of Victoria Road. 24 XXVI. The above cited Act of 1849, chap. IIT, was amended by an Act of 1850, 13 and 14 Vict. chap. 95, by exempting the Masters of vessels navigating between the Basin of Portneuf and the Harbour of Montreal, from takincr Branch Pilou, &c. '^ XXVII. In the same Session of 1850, there Avas passed " an Act to amend the Acts for the improvement of the harbour of Montreal, and provide for the improvement of the naviga- tion of the River St. Lawrence within the Port of Montreal," 13, and 14 Vict. chap. 97. The two Acts referred to are the 8th Vict. chap. TtJ, and 10 and 11 Ykt, chap. 5G. 1. By the 1st Section of this new Act the limits of the harbour of Montreal that is to say the Commissioners' Harbour, are extended from Victoria Road downwards to Bidsseau Migeon, and it is declared that the Commissioners " shall have and exercise over the said harbour, with the said extended boimdaries, the same control, powers, authoritr, rights and privileges by them now held and exercised in and over the said harbour as now bounded." 2. Under the 3rd Section, the Commissioners have power to acquire certain real property and to construct thereon such buildings as may be deemed necessary for offices, &c., " such real property to be vested in the Crown, and under the controul of the Commissioners." 3. By the 4th Section, anew tariff of wharfage and dues is established and sul)stituted in lieu of the tarriffs fixed by the two Acts amended by the present ; such wharfage and dues to be levied and paid upon all ships, &c., and on all goods landed from or taken on board of any ship, &c., " lying at or rear to any pju-t of the liarves, quays, piers or othei- works in the said harbour, erected or constructed under the authority of this Act, or of any Act or Ordinance heretofore passed, or at or i^^ar to any part of the shore or beach of the said harbour wherein no such work shall have been or be so constructed, or being, or lying, whether in the stream, or otherwise, within any part of the said Imvhom; a.s the mme is herch// declared to he extended and hounded:' 25 4. The Commissioners are authorized to borrow j£ 30,000 ^'Section 9.) to defray the expenses of deepening and otherwise improving Lake St. Peter, and the channel at Isle Platte. (Sect. 11.) A certain tonnage duty may also be imposed by the Governor in Council upon the application of the Commissioners. (Section 12.) XXVIir. By an Act of 1851, 14 and 15 Vict. chap. 26, the Montreal Trinity House Act of 1849, (12 Vict. chap. 117,) is amended in so fax as it relates to the tonnage duty, and to the mode of recovering the same. XXIX. And by another Act of the same Session, (1851,) chap. 27, the Act of 13 and 14 chap. 97, is also amended, in so far as relates to the Avharfage on firewood, schooners and river craft with firewood. XXX. By the new incorporation Act passed in 1851, chap. 128, the limits of the City of Montreal are declared to be the same as fixed by the Proclamation of Sir Alured Clarke, i>f 7th May, 1792. (Section 3.) The East, Centre, "West, St. ^Vnne's, St. James, and St. Mary's wards are bounded by the River St. Lawrence in their respective limits. (Section 4 and 5.) Under the 53d and 58th Section of this last Act, the City Council have the exclusive power to grant ferry licences to persons plying as ferry-meu to the City, from any place within nine miles : and may impose a duty upon the said persons, make By-laws for the government of, and tarift' of fees for the said ferry-mev>, and also lix and determine what yilaces in the City may be used as landing places, &c,, &c. The same Council have also the power to make By-laws " for the good rule, peace, welfare, improvement, cleanliness health, internal economy and local government of the said City, an 1 for the prevention and suppression of all nuisances, and all acts and proceedings in the said city, obstructive of, r opi)osed, or disadvantageous to, the good rule, peace, &c. And by the 92nd Section, in the form of a proviso, it is I 26 enacted, '• That nothing m this Act shall cctend or be " construed to extend, to revoke, niter, or abridge or in any " manner affect the powers and authority now by law vested " or which may hereafter be vested in the Master, Deputy " Master, and AVardens of the Trinity House of Montreal, " or in the Commhmners appointed or to be appointed for *' the execution of any Act now in force or hereafter to be in ^" force, relating to the impro\'ement and enlargement of *' the Harbour of Moiitreal, or any of them, or in the ^'Commissioners appointed or to be appointed for making, " superintending, repairing and improving theLachine Canal,' " nor to the wharves and ships erected or to be erected by the' " said first mentioned Commissioners, nor to the wharves and " gi-ounds under the direction of the said last mentioned " Commissioners ; provided always that the said Corporation I' of the city of .Alontreal, shall have power, so often as the " same may be re(iuisite, to open any drain leading from the " said city to the River St. Lawrence : to employ the " Constabulary Force of the said city in the maintenance of " peace and good order on the said wharves, and to appoint " and designate stands or places of rendezvous for carts and " carriages thereon." In the Ordinance of the Special Council of 1840, chap. 36, by the 2nd Section of which the limits of the city of Montreal are declared to be those established by the proclamation of Sir Alured Clarke, that proclamation is mentioned as of 1791. This error, as to the date, was rectified by an ordinance of 1841, chap. 32. (Section 1.) The ^same limits are given by the 2nd Section of the Act of 1845, chap. 59, by which the two preceding ordmances are amended and consoUdated. And the 76th Section of the last above cited Act is the same as the 92nd Section of the Act 1851, chap. 128. It was also, less the Proviso, the 52nd Section of the ordinance of 1840, chap. 3fi. XXXI. Reference may be made to the new Quebec 27 Trinity House Act, chap. 114, passed in 1840. .n the same session as the last Montreal Trinity House Act. The 6th Section gives to the Quehec Trinity House the power of making By-laws for, amongst other thingp ; 11. " The construction of wharves and of buildings thereon for the use of the Trinity House of Quebec ; 12. " The imposing, levying and receiving of wharfage or other dues to be paid by vessels and craft of all kinds entering the Cid-de-Sae, or undergoing repairs, or winteriu<^ therein." There being no similar or analogous provisions in the Montreal Trinity Act, it may be inferred that the harbour Commissioners alone can exercise the powers which, in this respect, are given to the Trinity House of Quebec. The 11th and 12th Sections have reference to the limits of the Port and of the Harbour of Quebec respectively. Nature and Extent of certain powers given, at different periods, first to the Trinity House of Quebec, and afterwarda to the Trinity House of Montreal, and not yet referred to in these Notes. XXXII. Act of 1805, chap. 12. According to the second Section, the Quebec Trinity House had power to make By-laws for " the more convenient, " safe and easy navigation of the River St. Lawrence, from " the first Rapid above the city of Montreal, downwards, as " well by the laying down, as taking up of buoys and anchors, " as by the erecting of light houses, beacons, or land marks, " the cleaning of sands or rocks or otherwise howsoever ; and " also for the amendment and improvement of the harbour of " Quebec and regulating the Cul-de-Sac, and harbour of " Montreal, and preventing injury thereto, for l anchoring, " riding and fastening of all ships, and other vessels, resorting " to the said harbour of Quebec and Montreal, and for the " better regulating and order the same while lying in the tt ^L^^^-^ r.y n4- OT.TT wViorf f)v \vhnvvps. iTi tlift sniA Harbour of li it 28 •' Quebec, or careening on the beach of the said Harbours, " and al^o in respect to fire-places on board ships or vessels, ^' and lighting and extinguishing fires therein ; as also rcBpecting lighted candles, when such ships or vessels lay at any wharf or c^uay, or in the Cul-de-Sac, at Quebec, or "" harbour of Montreal ; also in respect to the boiling or melting, " of pitch, tar, turpentine or rosin in the Harbours, or on the *' beaches of Quebec and Montreal, or Cu/-de-Sac, of Quebec ; **■ and also for the government and regulation of the Pilots of " the Port of Quebec, &c., &c. By the 18th Section, the Quebec Trinity House had power ^^ to hear and '• determine all offences committed against *' this act or against any such By-law, Rule, Eegulation or order by any person or persons Avhatever,/t>r ^ohich espeeial provision is not he/ein made for trial in other Jurisdictions, ♦Vx., &c. XXXIII. Act of 1832, chap. 24, incorporating the Montreal Trinity House. Under the authority of this Act, the new Corporation has the right, in so far as regards the Port and Harbour of Montreal, to make By-laws for the same objects for which the Quebec Trinity House had heretofore tlie power to make any such By-lav/ ; which By-laws extend to the whole of the Port of Montreal, without any restriction, as to navigation, to the first rapid above the City of Montreal, as provided for in the Act of 1805 ; they therefore include not only the navigation of the River St. Lawrence, but also that of the several rivers within the limits of the Port of Montreal, within the meaning of the 2nd section, that is to say such rivers as fall into the Saint Lawrence. No such provision regarding them had been made by the Act of 1805. (Section 4.) As to offences committed against this Act of 1832, or, against any By-law made under tlie authority of the same, the 10th section gives to the IMontreal Trinity House precisely the 8,ime powers which in that respect were vested in the Quebec Trinity House, by the Act of 1805, S. 18, or. 29 XXXIV Ordinance of 1839, chap. 19, establishing a new Trinity House at Montreal. A8 to making By-laws, the new C-porato Ijas the s.>oe powers as those given to the eovporat.ou erecte,! ''y *! ^f "' 1882 The words " Lisht-ships or Floating Lights arc added to the 6th Section of the Ordinance. As to offences, the 7th clause of the Ordinance (jves to the new Corporation the same po"-or= as were vested m Uie firs. Suy House, under the Act of 1832. The new Corpora- «:: hid also the power "to ^e- and determine o^, me- ters and things, relating to my Beach of the Ktver M. ZZ.ee, or 4 any otUr iJ.W M^ the ./arn^ci^ ofL Corporation." These words which are inserted mthe :{mmeSent of the 7th clause of the Act of 1839, are not to he found in any of he former Acts. XXXV. Act of ISW, chap. 117, consolidating the laws relating to the Montreal Trinity House. By this Act, the Corporation is again vested with the san^ towers which it had under the Ordmance of 1839 chap. 1 J, S the addition, in the 5th Section, of the following words: 1 In reference to the limits of the Tort f Montreal: . From the Basin of Portneuf. in the county of Portneu o the Province Line, formerly dividmg the Provinces of Upper and Lower Canada." 2 With regard to the e..tent of the power to make By- laws, "And Ir removing and preventing encroachments and encumbrances thereon." " For regulating and controlling the landing ot gunpowder within the limits of the harbour of Montreal. .For the maintainance of order and >:oS>>lanty, and the prevention of theft and petty depredations m the .aid " tsTthe ,-,ower of hearing and determining offences, the 7th Section o'f the Act of 1849 contains the same provision, as the Ordinance of 1839, S. i . APPENDIX. Jacques Du Ciiesneau, ChcvalUr Cummandcnt du Roij in CoiDu-il, lutendavt of Justice, Police, and Finance In Canada, North America. It having been reprcsontL>d to ur by some of the inhabitants of the pariBh of St Pierre, that some of the residents, of their own privavo authority and for their own particular behoof, have made a road therein which was useless in several places, even to the water side, and which waB very difficult and inaccessible, particularly in the autumn, as well as in the spring, owing to the mud in which beasts of burden and those employed in hauling carts frequently stuck fast and sometimes perished, —to all which our attention has been directed and having personally inspected the locality in company with the larger number of the inhabitants. j. . ^.x ■ ^ r We order that the said ordinary road leading out of this town of ViUe Marie shall be travelled over in vehicles, as has always been tho usage, as it may be ordered by the Sieur Dollicr, Superior of the Seminarv, as representing the Seigneurs of the said Montreal and by the Sieur Migeon, BaiUt of the said p^aoe, before the Sieurs Lehort and (marks Lemovne and Nicollas Voger, habitants. The said road shall have a width of thirty-six feet, the ordinary width of the roads in ho «aid island of Montreal. Directing the First Royal Bailiff, or other person, upon this requisition to make by virtue of our present ordinance, all the necessary dispositions. Done at Montreal the sixth August, one thousand six hundred and eighty. [Signed] Du CHESNEAU, By Monseit'ncur CHEVALLIEII. REMARKS BY THE REV. M. COMTE. On a road of 20 toises around the hhnd of Montreal. It must be , rved, in the first place, that Her Majesty does not possess these U^ , nty toises. This is an error which gradually slipt into the Concession Titles through lack of examination. By the Act of the 30th March, 1640, the company of New France 82 APPENDIX. concfdid till' wliolf of tlic lowor ciicl of the Isliind, d.-. leiwlinK tVom the .South- WfKt up to 4 IcHKUiHabovo the numntiiiii. 'Hu: loraiwny excopte iiotliing in thiH conccHKion. But in tlu' conditions imjx* ted w« rcml the following,' cIiiUHO. "Tli(^ snid company understands that the .cwnt "c'onci'HHion in nowim' j)n'iudi(OH the hhvity of tu(vi(/uUon which will <'bo common to all the inhabitnntH of New Francp and in all the partK " henunahovo conceded, and to this end a Uoyal llifjliway of 20 toiwiH "in width shall he left around the Island from tlie river shore to the " hack lands and the same distjince on the Jiiver St. liawrenc from itti "Hhore to the conceded lands, the whole to servo for the traiisit and " traffic which is done on laiul.'' It is evident from this wording tlmt the company does not reH('iT.mre of these landa for upw-vrds of 200 years, and several times the (Jovernor obl.gcd them to desert their lands down to the nhore in order to obviate the Incursions and devastations of the Iroquois who then so terribly afflicted the country. They have consequently an incontestible title U; all the land down to the river. What are they boimd to perform? iHt To cede a road 30 feet wide because it is the constant usage, the By-Laws having always fixed roads at that width. The rest of the laud is re-united to their properties like all abandoned or given up lands which return to the estates from which they have been taken. This road cannot be along the shore, where it would be impossible to make one, but placed at different distances as may be deemed convenient by the Voyen and lload Inspectors. 'Mid To leave the shore lino open in accordance with the common Law and the concession, so that those who are engaged in navigating may land wherever necessary. What should be the width of this shore line? I , an find nothing positive on this subject. It seems to me that it should comprise the space between high and low water, a space which will be more or less extensive according to the locality. As to those who have encroached on the shore line or beach it appears to me that they should be subject to the ndes imposed on hose who encroach on the roads or public highways. When the public has Ld the enjoyment for a certain time, the passage, etc., of these roads hey become public property. It seems to me that it would be quite ay in most places and particularly in the vicinity of the town to ecognise the old boundaries of the several lots and the fences which separated tbcm from the beach, and those who have trespassed these oW boundaries, lines and fences appear to me to have encroached upon public property situated upon what we must take to be the beach. ORDONJfANCE DE L'INTENDENT Du CHESNEAU. Jacques Du Chesneau, Chevalier Conseiller da Roy en ses Conseih, I»tendant de la Justice, Police finance en Canada et Foys de la France Septentriuvnalle. Sur ce qui nous a este represente par les habitans qui out Interet dans ,a Coumune de Saint Pierre, que quelques «ns d'eux de -"• authorUe ,n-ivee pour leur utilile particuli^re, quoique dommageable au pubhq, Tun lent fait un ehemin dans icelle. qui la rondoit inutUe en pla.ieurs lot, mesmo auroieut conduit le Uit cbemin an bord de leau ee qui rfo t q Vil estoit tre. difficile et inaccessible particuheremeut dans 84 APPENDIX. rnutotiino ct (kns lo prlntemps h, canso des houtitt dnns lesquolloR los hoHtdH de chargo, et cellon oaiploy6e8i tralsner loHclmrottes domeuroient souvent et y ptrissoiont : ce & quoi ils noua requeraient de vouloir pourvfdr. Et apr6a nous 6tre transport* sur le8 lieux eti qucitious avec la plupart don dits babittans : Nous ordonnoDH quo le dit chemin ordinaire tenant do cotte ville de Vilk'-Marip, sora suivio on volture, commo il a toujourH ost6 d'usage. aiiisi qu'il sera r»'gI6 par lo Sieur Dollier Superienr du Sominaire «t roprosentant leu Seigneurn du dit Montreal, et par le Sicur Migoon, Bailloy du dit lieu, en pr63encede8 Sieurs Lebort ot CharloH lieMojne, et do Nicollas Voyer, babittans. Le dit chemin aura irente six pieila 65, ordonnance dont lea diHpoBitions furent ttoudues ii I'lle de Montreal ; couimo on peut le voir dans uae ordonnance de I'lntoudant (Jacqui-H Du Chosneau) du G Aoiit, 1680— Dans cette ordonnance, en fixunt la largeur d'un chemia le long du fleuve i\ 36 pieds, 11 dit que o'est la largeur ordinaire des chouiins do I'lle. II serait facile do trouver d'anciens proc68-vorbaux qui lea ont toujours iixoa h 36 pied.-, ot il eat uctoire qu'il n'y en a jamais eu de plus larges dans I'llo de Montreal, gi ce n'est vis-Ji-vis la ville, pour la commodito da port. Des le commencement de la Colonic, toutes los concessions faitea nu vu et squ des officiers du Gouverneraent, doiment aux Censitaires jusqiiW la Rmlre, jusqu'au bord du fleuvo— lis jouisaent de cea terres jusqu'i la Gr6ve depuia pros de '20(» ans ; ot ii ditforontos fois, lea Gouvcrneurs lea ont obliges do deserter ces terres jusqa'ii la Gr6ve, pour prevcnir lea ineursious ot devastations des Iroquois ai terriblos alors. lis ont done iiu droit incontestable h, tout le terroin jusqu'au Fleuve. A quoi aont-ila done obliges ? ler. A livrer un chemiu de 36 pieds ; parcequo I'usage constant, les Reglements, I'ont toujours fixe k cette largeur. Le resto du terrein se trouve reuni ii Isurs terres, ccmmo tout che.uin abandonne ou aboli retourne k la terre de laquelle il a etc pris.— Ce chomin no peut etro lo long de la gr6ve, oil il est impossible de le faire, maia place k differontea distances selon qu'il a etc trouve convenable par lea Voyers et Ins- pecteurs de chemins. 2me. A laisaer la greve libre, selon le droit commun, et selon la Concession, afin que ceux qui naviguont puissent aborder A terre quand il est necessaire. QuhUo largeur doit avoir cette Grove 1 Je ne trouve rien de bien marque Pur oe sujet. II me semble qu'elle doit comprendre I'espace qui se trouve entre les eaux hautes et les basses eaux. espacequi sera plus ou moins etendu suivant les lieux, Quand a coux qui out empit'tc sur la gv^ve.. il me semble qn'il doit en 36 APPENDIX. etre comme des autres empictemens sur les chemins ou voies publiques. Lorsque le public a joui pendant iin certain temps de ces chemins, passage &C; ic. ils devienneut proprietu publique. II me serable qu'il est assez facile dans la plupart des lieux, et surtout aux environs de la ville, de recounaitre les anciennes bornes des divers terreins, et les clotures qui les .-cparaient de la grove ; et ceux qui out outrepasse ces anciennes bornes, lignes, clotures, me semble avoir empiete sur ua terrein public, sur ce qui etoit cense la gr6ve. OPINION OF ALEX. BUCHANAN, ESQ., Q.C. Montreal, 29th Nov., 1842- Sir,— His Excellency the Governor-General having been pleased, on the 30th June last, to refer to me, for my opinion upon the same, a report of the Purveyor-General in the matter of the memorial of the Trinity Board of Montreal, praying that a survey may be made of the Beach of the River St. Lawrence, above and below the City of Montreal, reserved for Public use, with a view of preventing encroachments ; I have the honor of stating that, owing to the want of certain documents stating the conditions of the original grant of the Island of Montreal to the predecessors of the Seminary, I have been under the necessity of postponing the investigation of the matter submitted to me. Having, after considerable delay, succeeded in procuring copies of those documents, I have duly considered the subject, and I have now the honor of reporting the result of my inquiries for the information of His Excellency the Governor-General. By the common law of France, as it existed at the earliest period, and by Royal Ordinances confirmatory of it, the public had the use of the banks and beach of navigable rivers, for the purposes of navigation ; and the space so allotted for the public convenience consisted of from twenty.four to thirty feet along the margin of the rivers from the highest water-mark. Beyond these principles introduced in this country, when colonized, there was no legislation on this subject here, until the 13th May, 1665( when, by an Ordinance of the Superior Council, it was enacted that all fences of the lands adjoining the St. Lawrence should be so placed as to leave a space of two roods {perches) between them and the highest tides {les plus hautes mar ces) as well for the passage of carts and cattle, as for the purposes of navigation. This Ordinance is applicable to those parts only of the St. Lawrence wh' :e there are tide waters, and therefore the rights of the public in the beach and Banks of the River at Montreal would be governed by the rules of the common law, or by the provisions of the Royal Ordinances which were introduced into this country before the creation of the Superior Council, unless indeed some limiUitionor reservation, affecting publiques. 3 chemins, iinble qu'il rons de la ins, et les epasse ces le sur uu APPENDIX. 37 ^, 1842, leased, on e same, a rial of the ide of the Montreal, ments ; I locuments bntreal to cessity of copies of have now mation of :st period, the use of vigation ; d of from from the olonized, ly, 1665, i that all Lced as to lest tides tie, as for jawrence lie in the id by the dinances I of the affecting the private rights of the owners of the Island, were contained in the original grant of the property. On reference to the primitive grants of the Island of Montreal by the Compagnie de la Nouvelle France^ to the Sieur de Faucamp and others (17 December, 1640 and 21 April, 1650) the predecessors of the Seminary, (to which body, they made a donation of the property), they will be foimd to contain an ample reservation in favor of the Public in these terms. " And to the end that this present conclusion may not be prejudiced " to the freedom of the navigation which shall be common to all the " inhabitants of New France, it is understood and intended by the said " Company that there shall be a Koyal High road of twenty toises in <' width all around the said Island, from the margin of the beach (nVe) " to the conceded lands, and a like space on the River St. Lawrence "from its beach and margin to the conceded lands, the whole for the " convenience of navigation, and the communication {passage) carried " on by land (^passage qui se fait par terre)." I am not aware of any occurrence which has diminished the rights vested in the Public under the reservation in its favour made on these grants ; and I am therefore led to believe that they continue un- impaired. Under all the circumstances of the rase I am humbly of opinion that the survey prayed for by the Trinity House, and recommended by the Surveyor-General for ascertaining and permanently settling the boundaries of the public rights, should be carried into effect. I have the honour to be Sir, Your obt. servant. A. BUCHANAN, Queen's Counsel, The Hon. D. Daly, Sec, &c., Kingston. LETTER OF A. BUCHANAN, Esq., Q.C, to Ths. PARKE, Esq., S.G, Montreal, 30th October, 1843, Sir,— Since I had the honour of reporting to Her Majesty's Government my opinion, respecting the rights of the public to the Beach and roads on the margin of the River St. Lawrence, in the Island of Montreal. The Reverend Messire Comte, Procurator of the Seminary of Montreal, the Seigniorial proprietors of the Island, has placed in my possession a copy of an unpublished Ordinance, or regulation bearing on the question, together with his observations on the subject. I have the honour of enclosing these papers, and of requesting, in- 88 APPENDIX. consideration of the decree in .vhich they may affect the general question re erred for my opinion during the absence of Mr. Attorney General Ogden, and the vacancy of the office of Solicitor General that they may be submitted to the superior discretion and judgment o'f Her Majesty's Attorney and Solicitor-General for this part of the Province. I have the honour to be Sir, Your obed't servant, (Signed) A. BUCHANAN, Q.C. ^ P S.-I had occasion to see Mr. Larue this morning, who had some mtention of going to Kingston and taking this communicaln w"h hun ; but upon reflection he thinks it better to continue the su vey'he wea her being favourable, and no obstruction having been oZed yet to his operations. onerea as Thos. Parke, Esq., ^^^^^'^> A. B H. M. Surv.-Gen., Kingston. OPINION OF F. A. QUESNEL, ESQ., Q. C. Kingston, llth February, 1844 SiR,-In obedience to the commands of His Excellency the Governor- General, as expressed in your order of reference to me, of the 29^ uTt requesting my opinion and report as to the extent of the b eadth of he Island of Montreal, and the right of the public to a certain re erve of about twenytoises in breadth round the Island of Montreal to be used as a High Road, the said reference accompanied by the following document, vi.: a report of the Surveyor-General, dated the 22nd June 1842, on a memorial of the Trinity Board of Montreal; a report and explana ion of the former one, dated the 30th Oct. last, a document con ^ming he observation of Mr. Comte, Procurator of he Semina v of llr '/: d?tr t^ "^' '''''-' ^^*^^"*^ ^«^- aroundThT y Montieal and lastly, the copy of an ordinance of Mr Duchesneau In endant of Justice, Police and Finance, in Canada, .. the 6th Au^-t' 1680 respecting the breadth of the public roads in the Coun ry and the Island of Montreal in particular ^ ' he^i^a^^^^^^^^^^^ ^'"^^ ^^^"•"-* - -^'^ - those tete thlt the ; f'^7^;,^*^'^"^^ on the question, I have the honor to Fmnce h!t h ! "' ^'"'"'''^^ ^"« ^«"^«ded not by the King of , _ ^ — .a .n^ jj-a^ ig^y^ ^ud tne rt-main- w at con- ; ary of city of u, In- ugust) nd in those nor to ng of to the uain- APPENDIX. 39 der a Bhovt time afterwards. That the first deed of concession contains the following reservatio . and to the end that the present concession may not be prejudiced to the freedom of the navigation, which shall be common to all the inhabitants of New France, it is understocxl and in- tended by the said Company, that there shall be a Royal High-road of twenty toises in width, all around the said Island, from the margin of the beach to tae lands to be (thereafter) conceded, the whole for the convenience of navigation, and as a passage or communication by land. On the 5th June, 1663, the said Island of Montreal was, by deed of donation, from the said Sieur de Faucamp and others, transferred to the Seminary of Saint Sulpice de Paris, without any clause or condition of the above named reservation for a Royal Highway, being therein made ; which deed of donation was confirmed by the King of France in May, 1667. In the month Oi March, in the said year, 1663, the King re-united to his Crown, all the territory called New France, and at the same time created a Sovereign Tribunal under the name of " Le Conse.il Superiew de Quebec," with a jurisdiction extending over the whole country, and to which he delegated the power of administering justice according to the Laws and usages then existing in France, with the power of making new Laws, as well for the Police, as for the public and privi e affairH of the Country, His Majesty reserving to himself the right of altering of abrogating the same, and substituting others therefor whenever the beneilts of his subjects should render such a proceeding necessary. It is from the period when the Common Law of France was intro- duced into Canada, and of the passing of the Local Laws especially aff- ecting Canada, by the said Council or other competent authority, that the legal effect and existence of the above mentioned reservation for a Royal Highway must be considered, so far as the public interest may be concerned therein or affected thereby. In France the locality and width of all public roads were determined by Law, and to prevent a future encroachment, the boundaries of the same were all defined. Such is also the Law in Canada. The reserva- tion in question, however, that is to say, th^- space of twenty toises from the river to the lands to be conceded was never defined by actual boun- daries nor have they, up to this day, been taken possessivn of for public use by any competent authority, although upwards of two hundred years have elapsed since the concession of the Island of Montreal. The reason why this pretended right of the public to the twenty toises from the beach to tne conceded lands was not followed up by public authorities is obvious. Our knowledge of the beach and the shore of the Island of Montreal is sufficient evidence that a road of that nature was in many parts impracticable, and in fact, and by no means advan- tageous to the public, because : ist, In many places the shores being indented, circuitous and irregular, the high-road instead of being ss 40 APPENDIX. short and straight as circumstanceo would admit, must have followed all the windings of the Eiver to the great inconvenience of travellers. 2nd, Because, although the shores might consist of low lands unfit for a public road, still, according to the letter of the reservation clauses the twenty toises should have been measured on this low land the conse quence of which would be that the public road in certain seasons of the year would be impassible. Of this we have a striking instance which will be found consigned in an ordinance of Mr. Duchesncau, as Intend- ent of Canada, of the 6th August, 1680. The road leading from the City of Montreal to the River Saint Pierre, instead of following the winding and the beach of the River «aint Lawrence had been as it ap- pears, fixed on high ground, and in a straight line. The inhabitants of the River Saint Pierre having to suit their own convenience, either aken possession of the road or discontinued to keep it in repair and traced a new road on the beach, the Intendant on a complaint made to him on the subject, ordered that the road should be made in a proper place, and directed its width to be thirty-six feet, that being the usual width of all front roads on the Island of Montreal. I am therefore of opinion that by inserting in the deed of concession of the Island of Montreal, the clause reserving the twenty toises afore- said, the conceders could mean nothing else than that the public should have the use of the beach and of a road around the Island of Montreal fiofaras practicable, and always subordinate to the authoritv of the existing or future Laws. The Seminary of Saint Sulpice, having by deed of donation as afore- said, become proprietors of the Island of Montreal, in the year 1663 and the King having confirmed their title by His Royal Letters Patent without imposing on them any conditions than those mentioned in the said deed of donation, they had a right to concede the lands on the Island according to the laws and usages of the Country. In lower Ca- nada the lands fronting navigable rivers ha been generally conceded to the water edge, always reserving the beach, which, by common Law belongs to the public, and subject to the sufferance of roads established by Law. In their deeds of concession the Seigniors of Montreal have complied with the Law in this respect, and have only exercised such rights as clearly belong to them in common with other Seigniors of the Country. All the Public Roads in the Island of Montreal have been established by competent authority, either before or since the conquest. Their usual width (as was the case in France with regard to High-ways lead- ing from one Town to another) has been two perches or thirty six feet as may be seen by an Ordinance of the Conseil Superieur of the 13th May, 1665, and the above cited Ordonnance oi the Intendant, Duchesneau of the 6th August, 1680, and that width was on some occasions, reduced to twenty four feet, as appears by a Rrglement de Police of the same dated the 1 p.t of February, 1 706. ' APPENDIX. 41 ' > Since the Conquest the same provisions with regard to the width of front Roads or Public Highways have been maintained, as may be seen by the Ordinance passed by the Governor and Legislative Council of Quebec, of the 17, Geo. Ill c. 11, and by the subsequent statute of the Provincial Parliament of the 36, Geo. Ill c 9. Should it be thought advisable in the present circumijtances of the Country, to alter or enlarge the old roads, the power to do so is now vested in the Municipal Authorities of recent creation, and can be exer- cised on the usual conditions of indemnifying parties by whom dam- age may be suffered. I am therefore of opinion that inasmuch as the aforesaid reservation of twenty toises to be measured from the water edge to the conceded land was vague in its nature, impracticable in its effects, not imposed upon the Seminary of Saint Sulpice as a condition of the deed of donation, sanctioned by the King of France ; and further inasmuch as the said reservation was never claimed or legally accepted by any competent authority nor so defined as to permit a legal profession thereof: and finally inasmuch as in all cases, the reasonable intention of the first author of that reservation has been carried into effect as regards the public who have the free use of the beach as the Law directs, and also of a public road .ince established by the Law, and now existing around the Island of Montreal, the aforesaid reservation is now a nullity, and as a consequence no encroachment in respect of the same, can be attn- buted to the Proprietors of lands bordering on the River Saint Lawrence, where possession, during two hundred years is sanctioned by the autho- rity of the Law, and who can never be disturbed under the alleged ex- istence of the above mentioned reservation. , , ^ „ „, „„ With regard to the beach in general, I have already stated that all obstructions thereto can be removed on the request of -y -terested partv or of any public officer, and as regards the beach at the Por^ of Montreal, I beg to state that all the lots and emplacements situated on the south-east side of Saint Paul's Street, having been conceded by the Seigniors of Montreal, as appears by an Ordinance of the 28th July, 1706, condemning the proprietors of the said lots to pay the rents thereof to the said Seigniors, according to their deeds, it is a matter of no difficu ly to ascertain such encroachments as may have been made on the pubh. property ; but I have every reason to believe that deducting the depths of the loti so conceded and the extent of the ground reserved by the Go- vernment for the fortification of Montreal, facing the side of the "ve»^ it will be apparent that no encroachments have taken place and that the reservation of twenty toises was never carried into effect, even in the Port of Montreal, where its necessity was most obvious, and where a lai-ge space of the ground was required. I have the honor to be, Sir, Your obt. Servant, F. A. QUESNEL, Q.C. 42 APPENDIX. L. H. LAFONTAINE'S OPINION, ( With appendices, on the question of Harbour Beach Lota.) Montreal, 7th May, 1852. Sir, — I have attentively considered the question submitted to me by the Harbour Commissioners, relative to the encroachments referred to in their letter of the l^^'i November last. The principal point to be examined and reported upon, is the clause or condition attached to the original grant of the Island of Montreal by «ia Compagnie de la Nouvelle France" having for its object the reservation, for a public road, of twenty toises from the margin of the beach all around the said Island, Has such a clause been at any time carried into eifect ; and if not can it be so now ? I have procured copy of two legal opinions given upon that very question at the instance of the Government, one by the late Alexander Buchanan, Esquire, Q. C. in 1842, and the other by the Hon. Mr. Ques- nel, Q. C. in 1844; also a memorandum made by the Reverend Mr. Comte, Procurator of the Seminary of Montreal, and transmitted to the Government by Mr. Buchanan, to whom it had been delivered by Mr. Comte, I enclose copies of those documents for the information of the Har- bour Commissioners, and as serving to explain the grounds upon wliich I have formed my own conclusions, Mr. Buchanan has arrived at the conclusion that the reservation in question is in full force, and that he was not aware of any occurrence which had diminished the rights vested in the public undir it. But it is to be observed that when he made his report, he had not yet been furnished with the statement of facts and observations of Mr. Comte, nor with a certain unpublished Ordinance of 6th August, 1680. This is stated in a letter of the 30th October, 1843, addressed by Mr. Buchanan to the then Surveyor-General, Thos. Parke, Esquire. I also enclose copies of these documents. The Commissioners will see that Mr. Quesnel has entered fully into the merits of the question and made an elaborate and well argued re- port upon it. His opinion is that, in the circumstances of the case, the reservation in question has had no effect, and that «' /ights can be claimed by the public under it. After mature consideration of the subject, I am led to concur in the conclusions arrived at by Mr. Quesnel ; I am however prepared to admit that this is a question upon which doubts may be reasonably entertained. Under the circumstances, and owing to the importance of having a road along side that portion of the harbour of Montreal, which is referred to in the Plan transmitted to me by the Commissioners, it may be well APPENDIX. 48 for the Govemmout to consider the subject, with a view to its being submitted for legal decision by a proper tribunal. I am of opinion that any judicial proceedings to be adopted for the loval of the encroachments complained of, whether coniined to those ui^de on the beach properly so called, or extended to those existing up- on the reservation in question, can only be adopted in the name of the Crown, and not by the Montreal Trinity House, and still less by the Harbour Commissioners. In order to form my opinion on the latter point, I have been obliged to examine the several statutes, as well those which have been repeated as those which are in force, concerning the respective powers of the Trinity House and the Harbour Commissioners. From these statutes, I have made copious extracts, accompanied with observations of my own, which I deem it my duty, in consequence of verbal instructions from the Commissioners, to send to them. Although they may appear rather long and tedious, yet they may prove very useful, first in showing the confusion which exists as to the nature and extent of the respective powers of the several parties concerned, and the conflict of authority which it may lead to, and secondly in aiding the person who may be charged with preparing a new measure with the view either of consoli- dating the laws relating to the subject, or of well defining the powers and authority of the parties above mentioned. The necessity of clearly defining these powers must be apparent to any one who is obliged to ren,d the statutes relating to the matter. Before concluding, I beg to apologize for having delayed so long making my report. I have the honor to be, Sir, Your most obt. Serv't, L. H. LAFONTAINE, Advocate. J. GLASS, Esq., Secretary, &c., &c.