Acts and Regulations

C-37.1 - Crown Grant Restrictions Act

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Repealed on 1 September 2011
CHAPTER C-37.1
Crown Grant
Restrictions Act
Assented to May 19, 1983
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Repealed: R.S.N.B. 2011, Schedule A
Definitions
1In this Act
“grant” means(concession)
(a) a grant of land, or
(b) letters patent,
issued by the Crown prior to January 1, 1900, whether or not prior to the erection of the Province;
“grantee” includes the grantee, his executors, administrators, successors, heirs and assigns;(concessionnaire)
“land” means any land in the Province or any part thereof or any interest therein, and includes any premises, tenements or hereditaments;(bien-fonds)
“restriction” includes a requirement, exception, reservation, covenant, condition, stipulation or proviso.(restriction)
Release and waiver of restrictions
2(1)Any restriction to the effect that
(a) the grantee pay an annual quit rent,
(b) the grantee clear, cultivate, seat, enclose, dyke, repair or maintain dykes, improve, sow, plant, sow or plant specified crops or drain the land,
(c) the grantee dig a stone quarry or other mine or cut wood or employ labour in digging any stone quarry or other mine or in the cutting of wood,
(d) the grantee settle the land with families with proper stock and material for improvement of the land,
(e) the grantee erect on the land a dwelling house,
(f) any person who subsequently comes into possession of the land shall take an oath prescribed by law and make and subscribe a declaration before a magistrate and record the declaration in the Secretary’s Office,
(g) the grantee keep or put neat cattle on the land,
(h) the grantee settle protestant persons, settlers, inhabitants or families on the land,
(i) the grantee continue in the occupation of catching and curing fish,
(j) the Crown reserves white pine trees,
(k) the grantee keep and maintain a good and sufficient grist mill,
(l) the land shall not be appropriated to any use whatever other than for wharves and store houses to be erected and built thereon and which when built shall ever remain and continue to be for the sole use and purpose of landing, storing and safekeeping of lumber, cured fish, grain and other goods that shall be brought there to be stored and for no other purpose whatsoever,
(m) the grantee shall not at any time or times hereafter build, erect, establish or carry on or cause to be built, erected, established or carried on upon the land any slaughterhouse, tallow chandlery, soap boilery, smithery, foundry, tannery or other noisome or offensive trade or business whatsoever or use or occupy any of the buildings thereon or any part thereof for any or either of such purposes and shall not and will not keep a tavern or use or follow the business of selling any spirituous or strong liquors by retail in quantities under five gallons on the land,
contained in any grant is hereby released and waived and is void and of no effect.
2(2)Subject to section 3, where there is or has been an omission or failure to comply with any restriction described in subsection (1) and contained in a grant, any right that the Crown may thereby have been entitled to is hereby waived and released so that the land vests either absolutely or otherwise in the person who would have been entitled thereto but for the omission or failure.
Application of Act
3This Act does not affect a forfeiture of land if, before the coming into force of this Act, the Crown has recovered possession of the land or has granted the forfeited land a subsequent time.
Application of Act
4Her Majesty in right of the Province is bound by this Act.
Commencement
5This Act or any provision thereof comes into force on a day to be fixed by proclamation.
N.B. This Act was proclaimed and came into force February 27, 1984.
N.B. This Act is consolidated to September 1, 2011.