Canada -- History -- 1841-1867; Elgin, James Bruce, Earl of, 1811-1863
officials, over whom the commonality could exercise no control
whatever in such popular elective assemblies as were enjoyed by every
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_.
Public-domain text, read in full here on John Shaqi.
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