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Maps, platea, charta, etc., may be filmed at different reduction ratios. TImms too large to be entirely included In one expoaura are filmed beginning in the upper left hend comer, l!eft to right and top to bottom, as many framea aa required. The following diagrams illuatrata the method: Lea cartea, planches, tableaux, etc., peuvent Atre fllmAs A des taux da rAduction diff Arants. Lorsque le document est trop grand pour Atre reproduit en un seul ciichA, il est filmA A partir de I'angle aupAriaur gauche, de gauche A droite, et de haut an baa, en prenant le nombre d'imagea nAcassaire. Las diagrammas suivants illustrant la mAthode. 1 2 3 1 2 3 4 5 6 .(?., x^ ^r*^ i/^j^^/ J y3; TH^ EEGISTEY AmOTINO LANDS IN UPPER CANADA ; WITH AN ANALYTICAL INDEX, .filf-K. COMBINATION; > - WITH Sudidal JDicta anb 3n> By WILLIAM SLADDEN, Parliamentary Agent. " CAVEAT EMPTOR." TORONTO: HENRY ROWSELL, KING-STREET. 1857. i ■ ■; ' .1 i !'. ', '' > \ N, \ A -, Entered according to the Act of the Proyinoial Legislature, in the year of Our Lord, One Thousand Eight Hundred and Fifty-Seven, by William Sladdek, in the office of the Registrar of the ProTince of Canada. i\ prefacp:. The words of the late Sir Robert Peel, " Register, register, register," contained a truthful aphorism applicable to the field of political contention in England. The battle of the election is there fought in the Registration Courts ; and hence the advice of that eminent man to his adherents and the supporters of his views, to register their titles to vote, in the court of the revising barrister. A Judge of the Court of Queen's Bench in Upper Canada, who is, like the great statesman, numbered with the dead — Mr. Justice Sherwood — ^in speaking of the requirements of the Registry Laws in this Province applicable to lands, referred to the common law maxim ^^ caveat emptor," which he translated thus, "Let the purchaser he on his guard and register his deed." The means by which to secure the peaceable and sure possession of land in Canada, was indicated by the deceased Judge to be in the Registry Offices of the Province ; and the advice, " Register, register, register," cannot be too strongly inculcated upon those who, as principals or agents, are engaged in the transfer of either legal or equitable interests in real estate: he who follows it may sleep more soundly than the mau who pillows his head upon his musty, unregistered title-deeds ; and he who ventures to treat it lightly and with indiiSerence may find to his cost, that his omission to ''register" has resulted in the loss of his broad acres. M i? PREFACE. In Canada, Registration is the rule ; in England it is the exception. The Counties of York and Middlesex are Register Counties; but throughout the length and breadth of the residue of her soil, the tables of lawyers groan beneath the weight of huge abstracts of title, and their strong boxes are crammed with parchments redolent of the mustinesa of time, but representing the unregistered titles, the wealth, and the tenures of her landed proprietors. The Statutes now constituting the Registry Laws of Upper Canada, and directly or indirectly, generally or specially affecting land and interests in land in that part of the Pro- vince, included in the "Analytical Index," forming a part of the accompanying work, are indicated on the page immedi- ately following the " Judicial Dicta"; and it seemed to the writer a task alike interesting and important, to place their contents before the public in juxtaposition, and by an Index to combine the whole of them, and to present in such combination — ^under the distinctive heads to which they are applicable — a view of the enactments to which those heads are referable, with sectional references to the Statute*'. The cases in which the English Courts have been called upon to pronounce judgment in matters connected with the Registry Acts of York and Middlesex are few, taking time into consideration, in comparison with those which have demanded the attention of the Judges in this Province ; the Irish cases will, however, appear by the Reports to be more numerous. Most of the English and the Irish cases have from time to time been cited in arguments at the Bar and in judgments from the Bench in Upper Canada, and refer- ences to them will be found in the Reports of the cases adjudicated on. As, however, the object of this work is to exhibit the Registry Laws of Canada as applicable to the lands of Canada, the text of the following pages will be found PREFACE. mainly clothed in judicial language taken from the dicta of the learned Judges of the Province. They who desire to trace back the principles on which the Registration of Titles is founded, and to compare the Law in Canada with the English and Irish Acts, will have no difficulty in following out their inquiries, by a study of the carefully considered and elaborate judgments pronounced in some of the cases referred to in the (Canadian) Queen's Bench, Common Fleas, and Chancery Reports. The object of the Registry Acts, both in Great Britain and in Canada, appears to have been identical ; their enact- ment proceeded from the like policy, and the same principles will be found at the base of, and to pervade, the Statutes enacted in each. England, with '^ the dust of time gathered on her walls — for she is not a building of yesterday" — has hitherto been unable to shake off the prejudices against the change involved in a legislative adoption of a general Registry of Titles. Whatever may be the difficulties attendant upon the question, the language of the Barons of old to the King who granted the Charter of our English liberties is to be heard amongst the opponents to the often agitated question of Registration, ^'Nolumus leges Anglice mutari." The future history of Canada will not connect its past with any such prejudices : her people are governed by laws into which has been imported the principle of a general Registration of the Titles to her soil ; and the settler of the back-woods, and the inhabitant of her cities, can each, and does, secure his right to the peaceable and permanent tenure of his share of that soil, by the aid of, and through the instrumentality of, the Registry Acts. WILLIAM SLADDEN, PABLUiaifTAST AOWT. Toronto, S^tmbtr, 1867. REGISTRATION OF TITLES. JUDICIAL DICTA. The object of the Registry Acts was to afford to persons 0M«ct. proposing to become mortgagees or purchasers, the means of discovering any prior incumbrances if registered, or of protect- ing them against all unregistered and secret prior incum- brances or conveyances. Whore, therefore, a person pro- posing to become a mortgagee, or purchaser, has actual notice of a prior unregistered incumbrance or conveyance, the principle of the Registry Acts becomes inapplicable ; because it is his own folly if he is a loser by advancing any money by way of purchase or loan : and, therefore, if a EqSl^."' subsei[uent purchaser, or mortgagee, has notice, at the time of his purchase or mortgage, of any prior unregistered con- veyance or mortgage, he will not be permitted in Equity to avail himself of his title against the prior conveyance or mortgage, any more than he would if the same were regis- tered. (Story's Eq. Jur. § 397 ; 2 Spence's Eq. Jur. 763 ; Coote, Mortg. 3rd edit, 381 ; 4 Cruise, T. 32, c. 28 § 20 ; Sugd. Concise View, 578-9 ; 9 Jarm. & Byth., by Sweet, 691.) Jones, J., in Doe dem. McLean v. Manahan, Q. B. R. 1, p. 504, said : " The object for which a registration of deeds is authorised is for a notice to subsequent pnrchasers, and as a protection against prior secret conveyances." • Robinson, C. J., in Doe dem. Major v. Reynolds, page 318, 2. Q. B. R. (1845),says: " I consider the effect of the Registry Act to be, that the,, deed which is defeated by its provisions, is not merely to be looked upon as fraudulent and void after the registry of the JUDIOUL DICTA. IntontiOD. Ol\|«ot. Notice at Law. JSJf/t^^A,, subsequent conveyance, having been good and valid before ; but that it muBt be taken to have been fraudulent and void from the beginning, as a conveyance intended to be kept secret, to deceive purchasers, and that no estate ever passed by it." Again, — " The very intention of the statute is to compel persons to register their deeds, at the peril of having their title defeated by deeds subsequently made." Again, — *' The Registry Act has for its object the pro- tecting bond jide purchasers for valuable consideration, under subsequent deeds, against prior unregistered convey- ances which the act enables them to treat, on account of their supposed secrecy, as being fraudulent and void. It docs, indeed, seem to be an unfortunate perversion of that inten- tion, that the statute should have the effect, so far as the courts of law are concerned, of protecting and aiding persons in the commission of fraud, by enabling them to purchase, in the face of prior conveyances of which they have full know- ledge, and to make use of the provisions of the statute in accomplishing their fraud. It is in consequence of the necessity which courts of law have held themselves ^to be imder of disregarding the fact of notice of the unregistered deed." The title to land is called a registered title, when the registry contains one or more registered deeds respecting it prior to the deed under which a party seeks to establish his claim. The registration of a deed, which in law could have no force or effect whatever, could not make the title, which it did not affect, a registered title. (Per McLean, J., in Moffatt V. Grover, 4 U. C. C. P. Rep. 407.) In another case of Doe ex dem. Atkins v. Atkinson, reported in U. C. Q. B. Rep., 0. S., 4, p. 141, it was decided that the Registry Act does not apply where there has been no previous registered deed; and since stat. 4, Will. IV., ch. 1, sec. 47, a deed of bargain and sale does not require registry nor enrolment to make it a valid conveyance. What is a ReKiatercd Title. JUDICIAL DICTA. . 9 Rohimon^ C. J., Haiil: "Most clearly no priority of title i!,';^^""''*' is gained by registry of Ilyles' deed, because tbo title to this land was not a registered title before, and on that account the second section of the Registry Act doo^' liOt apply to it. And as to the objection that registry was necessary to supply |{i'J{'*y^„';|,,. the place of enrolment, in order to make the bargain and sale """'• from Rykman to Street a valid conveyance, that objection is precluded by the 47th section of the statute 4 Will. IV., ch. 1." Sherwood, J., and Macaulai/, J., concurred. Where a nominee of the crown, before the issuing of letters patent, made a conveyance in fee to one person, and after- wards obtained a patent granting the estate to himself, and then conveyed to another, who also conveyed. It tvas held that the patentee of the crown and his assigns as privies in estate, £iitu)i. were estopped by the first conveyance ; and that the patent fed the estoppel, and made it a vested interest and estate. It was also held that the Register Act did not apply unless when a memorial of a conveyance of the same land has been ^^ j^^^^^ previously registered. Doe dera. Ilennesy v. Myers (Upper '^"••' *"• Canada Jurist, 0. S., 424). The facts were shortly these : one Abbott was the original nominee of the crown. On 4th of May, 1804, he sold the lands to Hennesy, and Sarah his wife, by an instrument in writing. Afterwards, on the 24th of March, 1809, the patent from the crown issued, granting the lands to Abbott in fee ; and on the 6th of June, 1809, Abbott by deed made another conveyance of the land to Elizabeth, wife of Daniel McKenzie, in fee, thereby acknowledging the receipt of XlOO as consideration of the sale. The deed to Elizabeth McKenzie was registered on the 12th June, 1809, and the deed to Hennesy^ and wife was registered on 14th August, 1811. The lessor of the plaintiff Hennesy, went into possession on 4th May, 1804, when he got the first deed from Abbott, and continued in pos- session more than 20 years, and then McKenzie and wife brought ejectment to recover possession under their deed. This action was not defended, through a mistake. McKenzie and wife signed judgment against the casual ejector, and by 10 JUDICIAL DICTA. Registered Title. Registered Title. } '■ (1 i writ of possession turned the lessor of the plaintiff out of possession, and then conveyed the lands to the defendant Myers, by bargain and sale, which was also registered. The defendant thereupon took possession, and Hennesy (who was tenant for life under Abbott's deed of 4th of May, 1804) brought the action to regain possession. The jury gave a verdict for the lessor of the plaintiff, and the following observations occur in the judgments which were given by the learned judges after the arguments on the rule vyhy the verdict should not be sot aside, &c.: Robinson^ C. J., after stating the case said: " A new trial is moved for, on the ground that Abbott, having no title when he conveyed to Hennesy and wife, the letters patent not having issued till afterwards, his deed to Hennesy and wife was void ; and it was further insisted on that the deed to Elizabeth McKenzie having been registered in 1809, and the deed to Hennesy and wife not registered till 1811, the latter must be considered fraudulent and void under the provisions of the Register Act. "With respect to this point, it is not one on which an argu- ment can be maintained. It has been several times discussed in this court, in other cases. The words of the Registry Act are too plain to admit of doubt. " The effect of that statute, where it applies, is to render a prior deed, however fairly made, absolutely void as against a subsequent deed first registered ; a provision without which due effect could not be given to the act, but which, neverthe- less, operates very hardly in many cases, by producing the loss of an estate honourably acquired. "We cannot extend the appplication of so penal a provision beyond the letter, and certainly not against the letter. Now it is as plain as day, that the second clause of our Registry Act (the learned judge was referring to the 35 Geo. III., ch. 5, since repealed), is so framed as to prevent the first registry of a deed respecting premises which have never before been made the subject of an entry in the county register, having the effect of rendering invalid a prior bond 35 Geo. III. JUDICIAL DICTA. fide deed. A commencement must have been first m| title to any particular estate must liJive first become a '/ titUf and then the priority of registration dec^ preference, as between deeds subsequently given, respect our statute closely follows the English Registr^ and the reason for placing things on that footing is obvious. Inasmuch, therefore, as no memorial had been registered affecting this land, at the time that the deed to Hennesy was given, his deed is not liable to be postponed to McKenzie's by reason of the prior registry of the latter." Sherwood, 0., in the course of his judgment referred to the question of registration — " Register ofiices have also been established in this province by the 35 Geo. III., ch. 5. The, registry of deeds is not compulsory by this act ; the parties "''• ''• may register them or not at their election. In the present case the deed to Elizabeth McKenzie was registered before the deed to the lessor of the plaintiff, although the latter RegiatraOon * ^ , not compul- deed was executed several years before the former. Still the sory under, deed to Elizabeth McKenzie acquired no priority by being registered first, be cause Abbott did not hold the land by a registered title, but by grant imme d iately from the cr own^ The discriminatory powers of the Registry law are not Regjgtereu brought into operation till a memorial has been registered ; "" *• for the law will not presume the purchaser had notice before the completion of the statutory enrolment, which is entered in a public ofl&ce to which every one has free access. A perusal of the registered memorial will shew the names of vendor and vendee, and of the witnesses, together with the nature and extent of the estate created by the deed to which the registry relates. When a memorial has been entered and registered in a public office in this manner, no one who after- Memorial, wards buys the land can be sure of a legal title, unless he causes a memorial of it to be registered in the same way ; because the act expressly requires him to do so, under the penalty of a loss of the property in case the vendor should give a conveyance for a valuable consideration to a second purchaser, who causes a memorial of it to be registered before the memorial of the other deed is registered. I f l ft (I M 12 JUDICIAL DICTA. Careat emptor, " This part of the Registry Act appears at first view to be a harsh enactment ; but when its beneficial effects ore developed, that unfavourable impression is entirely effaced. The provisions of the statute strike at the root of those numerous evils which secret, fraudulent, and successive con- veyances of the same lands by the same vendor have always produced in the community, and prevents the possibility of their occurrence. All this is done by adopting the common law maxim of ' caveat emptor,' which in this instance may be translated, * let the purchaser he on his guard and register ^ his deed.' " I have already said, however, that, in my opinion, the Register Act is not applicable to the case," &c., &c. In the case of Scott et al. v. McLeod, 14 Q. B. R., 574, the will was made on the 13th February, 1826 ; the devisee died in 1828, and his son and heir-at-law, Francis Swazze, conveyed the land in February, 1833, to one Darby, through \a\\^^ °^ whom the defendant claimed, which deed was registered in 1834. C. J. Robinson, in delivering judgment, said : " The non-registry of the will can make no difference under the circumstances. The conveyance by the heir-at-law being registered, might prevail against the devisee on that account, if, before the devise the title to the land had been a regis- tered title, but it was not, the devisor holding the title to himself from the Crown." In the case of Soden v Stevens, Grants Ch. & App. Rep., vol. 1, p. 8^6, Esten, V.C., said: " It is certain that notice, which is sufficient in other cases, will not prevail over a registered title. (19 Ves. 439 ; 3 Sug. V. & P., 458.) " It mtiy be doubted whether constructive notice of any kind is sufficient for this purpose." Robinson, C. J., in Doe dem. McLean v. Manahan, 1 Q. B. Rep. U. C, p. 499, said ; " The legislature, by passing the Registration Registry Act, relieved parties (as to titles once registered) De«. they were only so bound until the sale, and were at tic disposal of the debtor during any interval between the sale and '.\(j convey mcc. I do not think this is the law; m JUDICIAL DIOTA. but on the contrary, if therp bo any iHflfcronco, I should think the sale of lands duly seized under execution would bo rather jtled to prevent the debtor execntinpr any disposing power over them. In our opinion tlu ule shoulu ho made absolute to enter the verdict for the defcn/ n> Growing timber is so far real estate that a ronveyancc ofci>n lytnce it by the owner of the fee is within the Registry A t* (Fer-timu guson V. Hill et al. 11 Q. B. R. 530). The circumstances of this case wore such, hat but for the abson;\) of doubt upon the mind of the learnc I judge, as to ill ?v f the case, ho would have been anxious, and, even in the ^ace of that law, was desirous to find some ground 11 which the defendant's case might be supported, as there wad no merit in the plaintiff 'a action. The facts, apart from those of an unmeritorious urturc, were these : one Griffin, on 7th September, 1850, by locd under seal, sold and conveyed all the pine trees growin : on fifty acres of land to one Sackett. This deed was never registered. On the 20th May, 1852, Griffin sold the oO acres to the plaintiff, and conveyed the same to him by an ordina y deed of bargain and sale, making no reservation of the pii, o trees, and taking no notice in the deed of their having been sold to Sackett. The title of the land was a registered title before either of these transactions, and the deed of conveyance of the land from Griffin to the plaintiff was registered. Ferguson, the plaintiff, insisted on his right to keep the pine timber, and to set both Griffin and Sackett at defiance, in consequence of his having registered his conveyance of the land which contained no exception of the timber, while the deed to Sackett of the standing timber remained unregistered ; and persistin-^' in this claim, brought his action to recover the value of the pine timber taken. Under the pleadings the whole case turned on the second plea, which devised the plaintiff 's property in the pine timber ; and (said tli« l«^rned Chief Justice Robinson, whose judg- ment as reported sets out the facts, and the authorities cited fully) " that question of property depended upon the point, 24 JUDICIAL DICTA. Uequircs llegUtration Growing limber. iMmbir^ whether Sackett by omitting to register his deed had lost the benefit of his purchase, by reason of the prior registry of the subsequent conveyance of the land, without any exception of the timber to the plaintiff. " The only question was, to whom these trees belonged as Real Estatfi. they stood, and if they must be regarded as real estate, and coming within the Registry Act, as being included in the terms ' lands, tenements, or hereditaments,' then the effect of the registry of the plaintiff 's conveyance, would be to make the former unregistered conveyance fraudulent and void, so that nothing could pass under it." The learned judge said — " I felt myself constrained at the close of the case, to tell the jury that in law under the operation of the Registry Act, the plaintiff was entitled to their verdict." The case of Ellis v. Grub (3 0. S. 611), was referred to in the course of the judgment and the decision supported. Mere notice of the execution of a previous deed for the sale of growing timber will not defeat the operation of a subsequent conveyance of the land, if the latter be registered first. Growing timber is so far real estate that, to be severed from the inheritance by deed or devise, the conveyance or will must be duly enregistered to pass the interest intended to be conveyed. (Ellis v. Grubb, 3 TS. C. Q. B. Rep. 0. S. 611). The facts were as follows : one Lewen, the owner of the land, sold all the pine timber growing on it to the plaintiff, Ellis, by deed executed on the 27th October, 1832, which was not enregistered in the County Registry until 28th August, 1833. In the mean time Lewen (on 19th February, 1833) sold the land to Thorne, without any exception of the timber, and containing the usual words expressly grant- ing the woods, &c. This deed was registered in the County Registry on the 13th April, 1833. By deed dated 7th Aug., 1833, Thorne conveyed the land to Grubb, who regis- tered his deed on the 27th August, 1833. Grubb, the pur- JUDICIAL DICTA. 15 lost the i-y of the sption of onged as ;ate, and d in the he effect lid be to lent and ed at the nder the ititled to red to in ted. 1 for the ;ion of a egistered ) severed yanco or intended ep. 0. S. Iier of the plaintiff, 32, which ntil 28th ebruary, eption of 3ly grant- e County ated 7th vho regis- , the pur- * chaser of the land, cut down a quantity of the growing pine ^J^^'^l"* timber, and Ellis sought to recover damages against him, claiming the timber as his under his purchase by the deed of 27th October, 1832. Mobinson, C. J. said : "With respect to notice, the question of fact was not properly whether Grubb had notice, because his deed was not registered until the 29th August, the day after the day of the sale of the timber was registered, and could not, there- Notice, fore, have prevailed to defeat it. It is the prior registry of the conveyance from Lewen to Thorne which gives ground for the objection ; and if notice were material, the enquiry would be whether Thorne, when he took the conveyance, had notice of the prior sale of the trees to Ellis. As to the fact of his having notice, there can be no room for doubt from the evi- dence ; but we have already stated our opinion that the fact of ^°"'*°''''' notice of a prior unregistered deed, cannot in a court of law be allowed to prevent the application of the llegistry Act. That point is firmly settled in England in reference to Registry Acts, which are substantially the same as ours, and it has been already expressly decided in this court. The growing only question therefore to be considered is the principal one, whether a conveyance of growing trees is within the Registry Act. There appears to be no case decided upon this point in England. Perhaps it has never seemed to admit of a doubt that a conveyance of this description does require registry, and therefore the question has not been raised." The learned judge then referred to the Registry Act, 35th Geo. III., and to the distinction between growing and severed timber, — the first being in general a part of the realty, the second simply personal estate, and showed a rational object in applying the Registry Act to the first transfer of growing timber — that which separates it from the freehold — though there should be no necessity for registering any subsequent assignment, and concluded his judgment as follows : — " On the whole, I am of opinion that this conveyance of the growing timber requires registry, to secure it against the N ■ ii 26 JUDICIAL DICTA. Growing Timber. Patentee. contingency of being defeated by the prior registry of a sub- sequent conveyance of the land on which the timber was growing ; and that the registry of the deed to Thorne does defeat it, and that, therefore, this objection to Ellis' recovering must prevail, though it is certainly against justice, for Thorne ' knew of the purchase Ellis had made, &c. We all agree that a nonsuit must be entered." Macaulay^ J., delivered judgment in the same case, as follows — " Timber, until severed attaches to land and forms part of the estate ; and though, when sold separately, it is in fiction of law converted into a chattel, yet it is not usually so regarded until actually separated. And, notwithstanding it has been said, a sale thereof may be verbal, and needs not a writing within the Statute of Frauds, yet late authorities establish that a trnsfer of growing trees constitutes a sale of an interest in or concerning lands, tenements or heredita- ments within such statute ; and it seems to be assumed that a will of timber would be inoperative, unless attested, &c., according to the statute in that behalf. The Register Act requires all deeds or conveyances of or concerning, and where- by, &c., to be registered. The present is a deed and con- veyance of standing timber, and it is difficult to say that it is not concerning and whereby lands, tenements or heredita- ments are affected. The terms, scope and object of the act, are sufficiently comprehensive to include such transfer ; and though to be regarded as chattels thenceforward, the trees should be so converted by a conveyance, effectual to alienate a portion of the heritable freehold,j which they were till eflfectually severed, in fact or construction of law." The references to authorities are given fully at the end of the report of the case. In the case of Doe ex dem. Shirley v. Waldron 2 C. P. U. C. Rep. 189, the following is an epitome of the facts upon which judgment was given : A. being the patentee of a lot of land, conveyed it in 1838 to B. ; B. in 1840 conveyed it to C, without having registered the deed from the patentee to him, which was not registered -nt' 1 ( JUDICIAL DICTA. 27 until April, 1843 ; C. not having registered the deed to him P»tei»te«- until May, 1845, in September, 1847, conveyed to defendant. In May, 1844, B. executed another conveyance of the property he had already conveyed to C, to the lessors of the plaintiff, who registered their deed in February, 1845, thus gaining a priority of registry over C, who did not register his deed until May, 1845. Macauley, C. J., concluded his judgment in the following words — " I think, assuming the deeds and their registry to have taken place according to their entry in the Registry Book, the defendant shews either a primd facie title in him- self, or that no estate is vested in the lessor of the plaintiff, and that consequently there should be a new trial." A registrar is bound to register or file a certificate of dis- ^J^jf^',*^ ^f charge of a portion of the lands contained in a mortgage. f"^ort*«w (In re. Ridout, Registrar, &c., U. C. C. P. Rep. 477). McLean, J., in the course of his judgment said : " I do not think it necessary to give an opinion as to the proper mode of proceeding for the purpose of recording. The statute is silent as to such mode in cases like the present, and we can- not issue a mandamus and direct the registrar to pursue any particular course. He must be guided in that respect by his own sense of what his duty requires under the statute. The affidavit shews that he refused to register the certificate on the ground that it was contrary to the statute. In this respect I think he was wrong ; and if he persists in refusing I have no doubt that a mandamus may issue to enforce the performance of duty. But I am not prepared to take upon myself the responsibility of directing by any mandamus the mode in which the registry shall be made." The learned judge then stated his impression as to the course which the registrar was entitled to adopt in all cases of release of mortgages and said : " There is no provision in the statute that an entry or writing on the margin of the Mode© Tords 'discharged as to part,' with a statement as to what part it shall be deemed a ' discharge' when subscribed by the registrar, but there does not appear to be any other mode by % \ 'iii i' -A ill ' 1 1I 1 1 . II'' ■I ! j 1 j -' 1 1 1 If ^ ,' 1 1 . 1 ■ i f i ); ! ' I - Pari; dis- charge of Mortgage. 28 JUDICIAL DICTA. which the discharge of a part can be indicated ; and when the registrar has done all that he can to give effect to the statute, he will at all events be blameless, should his efforts fail to be effectual, on account of omissions or defects in the statute in reference to his duty in this respect." Sullivan, J., said : " It appears to me that the intention of the law is plain, and that the registrar cannot legally refuse to enter the certificate at length as required." In a note to the above case at the foot of the report, it is stated that the two learned judges being of opinion that the the registrar was bound to register the discharge, but differing as to the mode in which it was to be done, directed that a mandamus nisi should be issued ; that after the argument on the return, the opinion of the Chief Justice, who was nx)t present on the argument on this rule, might be obtained. The registrar saved the necessity for further proceedings, by registering the discharge. A mortgage by husband and wife of the wife's lands ' having been registered without any acknowledgment of the wife of her willingness to part with her estate, as required by the statute, and the sheriff having after such mortgage and registration thereof, sold and conveyed the husband's interest in the lands under a ji. fa.y and the deed to the purchaser was registered after the re-execution of the mortgage, and the due acknowledgment by the wife, which mortgage, however, was not registered after such re-execution and acknowledgment. It was held that the interest of the husband in the land passed to the purchaser under the sheriff 's deed, to the exclusion of the mortgagee, wuiniadein Where a will devising lands in Upper Canada, having been Canada. made in Lower Canada, (where testatrix lived,) and being of office copy (July provcd and enrolled among the records of the Court of King's Bench, and copies thereof directed to be made and given to the parties legally entitled thereto, it was held that an office copy of such will, duly certified, &c., was equivalent to letters P»*obate in Upper Canada, and could be registered as such. Husband and Wife. Wife's lands JUDICIAL DICTA. m As to the effect in evidence of an examined copy of a ^i^^J^j memorial of a deed registered, see Doe dem. Loscombe "''"°'*'^- V. Clifford, 2 C. & K. 448. Under the Registry Act 9 Vic, ch. 34, the registrar has no jg|,'^n"'* right to charge a fee for the entry he makes in the margin ^"""• of the memorial. It is not a certificate * given,' but a certificate kept. (Per Mohinaon, C. J., Brown v. Garrett and another, 5 Q. B. R. 243). The statute 9 Vic, ch. 34, requires a distinct registration Land* in of the memorial in the proper books of each township in shlpi. which the lands contained in the deed are situated ; but that in recording the memorial in each book, those parcels of land should be omitted which are not within the township for which the book is kept. The registrar is entitled, in such cases, to charge by the roes thtreon same rate for each registration — that is to say, 2s. 6d. for the first hundred words, and Is. for each hundred words above the first hundred ; which computation is to be made upon the words contained in " the recording of every such deed," that is upon the contents of the entry in the registrar's book, and not upon the words contained in the deed or con- veyance itself. This construction was given to the 16th section of the Registry Act by Robinson, C. J., in Smith et al. v. Ridout, 5Q.B.R. 617. Under the 17th section of the Registry Act, 9 Vic, cap. Registnr ... o t' ' 7 r proofoldeed 34, the registrar of a county is bound to receive proof of for- deeds by affidavit sworn to before a commissioner of the Queen's Bench, as well where they are executed within the county as without. (In re Registrar of County of York, 3 Q.B. R. 188). The cases are numerous in Canada, where a party holding cancelling , O unregiitered an unregistered deed, has, upon some subsequent arrange- d«e* ment, cancelled his deed, and allowed the person who had conveyed to him, to make a deed directly to some other party. This is often done to save the expense of two ll 14! Ill, j '.'.f' ■ !!!;, f^: I M 30 Irregular cancellation of Deed. Bargain and ie«»*«' inquire when the different judgments were registered, as judgments bind the lands from the time of regis> ion. Thoy do not, however, by means of prior registration, acquire priority over previous unregistered deeds." In the case of Street v. The Commercial Bank, on an TackinR. appeal from a decree of his honour the Vice-Chancellor of Upper Canada, Mobinaon, C. J., in speaking of the doctrine of tacking securities maintained in English Courts of Equity said, that it was so firmly fixed in .those courts, that unless in t 'i province we could ground by legislative enactment of 0. o\yn the right or obligation to discard it, it was as firmly fixed here ; and that we are clearly bound by the force of English authority when we can show no dispensation from it. Engiuh The tribunals of the United States, both legal and equitable, have, in the decisions of the English courts, a pattern which they mai/ work by, we have in them a pattern which we must work by, unless where the legislature has sanctioned a devia- tion. Besides constitutional principles binding upon us as an English colony, our adoption of English law and the express enactments of our Chancery Act, make it mandatory on our Courts of Equity to give effect to English principles of equity, where our own legislature has made no special provision. The learned Chief Justice continued, — " As to our Regis- backing, try Act, (35 Geo. III., ch. 5), we cannot, in my opinion, hold that the English doctrine of tacking securities can be rejected here, upon the ground that registration under that act is in itself notice, and that the appellant, when he took his deed in 1839, might be supposed to have known of the second mortgage given in 1838, because he might have seen a memorial of it registered if he had chosen to search for it. The English decisions on that point are numerous, and the point is settled. — Bedford v. Backhouse, 2 Eq. Ca. Ab. 615 ; Wrightson v. Hudson, 2 Eq. Ca. Ab., 609. Lord Redesdale, in Bushel v. Bushel, 1 Sch. & Lef., 103, and Underwood v. Courtown, give strong reasons why registration ought not to be held notice to all intents. And another reason, I think, Notice. 5 f I : I 84 Notice. Irish Act. Intention and Ol\jvct of Acts. Tacking. Priority. Valuable coDHidera- tiOD. Crown lands Voluntary Aspignmert. RegiBtration JUDICIAL DICTA. might have been added scarcely less strong than those which ho gives. In Ireland, it has been lield that the Registration Act of that country has the effect of preventing tacking — Latouche v. Dunsany, 1 Sch. & Lef., 137 — not, however, on tho ground that the registration of the second mortgage Is notice to the person taking tho third, but entirely by force of the clause of their Registry Act, which provides ' that every deed shall be effectual both in law and equity accord- ing to the priority of time of registering the memorial.' This settles the point of priority by a clear and express enactment, and secures the preference to the second mortgage. Our Registry Act contains no such clause, and therefore Lord Redesdale's decisions in that respect do not help us." Referring to the intention and object of the Registry Acts, both in this Province and in England, Robinson, C. J., in the case of Street v. The Commercial Bank, said : " Tho danger and inconvenience which they were all intended to guard against were the same, viz. : the peril to purchasers of finding their titles defeated by some prior conveyance which had been kept secret, and which they had no means of finding out." Again, upon the practice of tacking, siice the English statutes, he said : " There is no point clear-^r than that on the construction given to these statutes in England. The practice of tacking when there has been no notice of a mesne incumbrance, is upheld just as it was before the Registry Acts." A mortgage to creditors to secure their debts is a sufiBcient valuable consideration to give a prior registered convey- ance, precedence over a conveyance previously executed, but registered subsequently. (Eraser v. Sunderland, 2 Grant's Ch. and Appeal Rep. 442). In the case of Garside v. King, 2 Gr. Ch. and Appeal Rep. 673, decided in 1851, King, a vendee of the crown, transferred his interest by way of mortgage to Garside, who took hond fide. Afterwards King made a second assignment to Williams, for a nominal consideration of d£200, but no money JUDICIAL DICTA. 8.') (lid in fact pass, the consideration mentioned being in fact in- tended to cover the amount which Williams would bo obliged to pay to the government for the balance due on the contract with the vendee. Williams paid the amount duo on the foot of the original contract to the district agent appointed by the Crown lands department, who transmitted the assign- ment to the commissioner for registration, pursuant to 4 & 5 Vic, ch. 100. The plaintiff Garsido having heard of this, caused a notice of the prior assignm'ent to himself to bo served upon the commissioner of crown lands, who, in con- sequence refused to permit the registration of the instru- ment, until the rights of the parties should have been ascer- tained. On a bill filed by the mortgagee to set the conveyance to Williams aside, it was held, that as against Garside the plaintiff, the second deed was voluntary, and even if it had been registered under the statute regulating the sale of crown lands, it would not have prevailed against the prior incumbrance of the plaintiff. In the course of his judgment the Chancellor bbaHl : "With respect to the questions upon the statute 4 & 5 Vic, cap. 100, we are inclined to think that Williams must be regarded as a mere volunteer. King's equitable interest was subject to the vendor's lien for the purchase money. All that he either could, or in fact did dispose of, Avas his interest in the land, subject to that lien. But for that interest Williams paid nothing. He discharged the amount for which the vendor had a lien ; but for the interest of King in the estate beyond that lien, which he had previously mortgaged to the plaintiff, nothing was paid. Now, although the section relied upon is peculiarly framed, we are by no means prepared to accede to the proposition that it has the effect of rendering a subsequent voluntary assignment effectual, in virtue of prior registration, against bona fide purchaser for value. It seems to us that the legislature had no such intention. "But were it otherwise, the asignment to Williams has not been in fact registered. The plaintiff 's title is prior in point 11 InrxU Voliiiilnry Rcgl»tr«iloD Stat. 4 ft 5 Vic. ch. 100. Retdxtratlon of Crown landt. : I M ; 1 Subsequent voluntary agsignment. AtUnipl to Reglittr. AimUQao Of mortitBK*. TMklng. t I 36 JUDICIAL DICTA. of time. The Icgislaturo Imvo doclarod that a subsequent assignment first registered, shall prevail against a prior title. {Note, the act hero referred to, is the 13 & 14 Vic., eh. 63, sec. 4, passed in 1850), but no Hubsequent assignment has been so registered ; and no authority has been cited to shew that an attempt to register can have the effect of actual registration. "Then, assuming the defendant not to have acquired priority under the act, by registration or otherwise, the plaintiff's title must prevail, as it would seem under the rule ^ qui prior est in tempore potior est injure,' unless the defen- dant has shown himself to have acquired a better right to call for the legal estate." Where there were three mortgages on the same property, and the third was taken without notice of the second, and was afterwards tranferrod to another person, who thereupon obtained a conveyance to himself of the first mortgage : It was held that he could not tack his third mortgage to the first ; and the court refused a reference to enquire whether the assignee had or had not notice of the second when he took the conveyance of the third mortgage. (McMurray v. Burn- ■ ham, 2 Gr. Ch. & App. Rep. p. 289, A.D. 1851.) As the principles involved in this case, notwithstanding the 13 & 14 Vic, chap. 63, section 4, may under some circumstances still form the subject of discussion before the courts of Canada the Chancellor 8 judgment is given fully. The Chancellor — " In this case there were three mortgages. The third mortgagee having foreclosed the equity of redemp- tion of the mortgagor, executed a mortgage to an American mercantile firm, who transferred their security to the plaintiff. The plaintiff subsequently obtained an assignment of the first mortgage, and now seeks to exclude the second mortgage by adding the third mortgage to the first, and thereby obtaining for it priority. The ground on which he rests this claim is, that the persons to whom the third mortgage was NotiM. was made, and who transferred it to him, had no notice of the second mortgage when they advanced their money ; and JUDICIAL ©IOTA. 87 as thoy couM nndombtodly have gotton in the first mortj^fig^'^'"'''''''' and tacketl their oiFfj to it, and thereby excluded the second mortgagee, ho, as standing in their place, contends that he ehould, now, bo permitted to do the same. This, wo under- stand, to bo the only point to be decided upon the present occasion. 'I'Uc plaintiff is obliged to rest his case upon the want of notice in the persona under whom he claims; forNo«o«. he alleges no want of notice in himself ; and as that fact is an essential ingredient in his title, it mujt be assumed against him. Wo are of opinion that his claim to priority over the second mortgagee cannot be supported. No authority has been cited which will warrant it ; and it would be carrying the doctrine of tacking a stop further than it has been carried. The reasonableness of it, too, is very questionable. " The principle to which it is referred is, that a party having purchased without notice, should bo at liberty to alienate to one who has notice, so as to substitute him in all respects in his place, as ho would otherwise bo prevented from enjoy- ing the full benefit of his purchase. The principle is unde- niable, but does it apply to a case like the present 'i The third mortgagees are at liberty to transfer their Avholo estate ^"'f^^^ye to the plaintiff in the same plight in which thoy have it them- selves ; but the privilege contended for is no part of their estate. It is conceded to persons who have advanced their money in ignorance of an intermediate incumbrance, in order to enable them to extricate themselves from a difficulty into which they have unwittingly fallen. Should thoy exorcise their privilege they acquire priority, and can transfer that priority actually acquired, to a purchaser. But if they do not choose to exercise their privilege, and thereby bettor their estate, they can transfer their estate, but no more than their estate, to a person who has thrust himself into the diificulty with his eyes open. In all the cases which have boon cited as analogous, the interest transferred had been actually acquired before the transfer, and was only not impaired by reason of notice in the party to whom the transfer was made. The doctrine of tacking, which is contrary to the natural lacwng. \ 38 JUDICIAL DICTA. Tacking. ; I i TacUinff abolished. Possession not Notice. Kegistratiou Sheriff's Deeds. Object of Register Acts. Sheriff's Deeds. order of things, was introduced for the protection of parties who had acted bond fide, and the privilege which it confers is not to be made the subject of speculation. We do not, at all events, feel warranted in extending the doctrine beyond the adjudged cases, and therefore must decide against the claim in the present instance." The act of 13 & 14 Vic, ch. 63, sec. 4, recited that " the doctrine of tacking has been found to be productive of injustice and requires correction,' and the words of the Irish Registry- Act (6 Anne, ch. 2), then follow in the enacting part of the clause. Referring to the observations of his honour V. C. Esten, in Bethune v. Caulcutt (ante); C. J. Robinson, in Street v. Commercial Bank (ante) ; and of his honour the Chancellor in McMurray v. Burnham, on being asked to order a refer- ence upon the question of notice, it seems that tacking has been abolished in this province since the 1st of January, 1851. The possession of an estate by the first, but unregistered purchaser from a registered owner, is not of itself notice to a subsequent purchaser of the title of such fii'st purchaser. The prior registration of a sheriflF 's deed, gives the sheriiF 's vendee priority over an antecedent but unregistered deed, just as the prior registration of a deed from the party him- seif would do (Waters v. Shade, Gr. Ch. & App. Rep., vol. 2, p. 457), 1851. In the course of his judgment on the above case, his honour V. C. Spragge made the following observations upon the Registry Act : " The Registry Act of Upper Canada was wisely introduced in anticipation of apprehended evil, and was based upon the Registry Acts of England. At that time real estate was liable to be sold for the satisfaction of debts, as it is now ; men in difficulties are more apt, as experience shows, than others are, to contrive evasions of tbe law. Whether foreseen or not by those who framed the Registry Act, it would, if held to apply to sheriff 's deeds, be a very effectual cheque to concealed conveyances by execution debtors. It is in terms sufficiently comphensive to embrace JUDICIAL DICTA. 89 aser. iheriff's (lectl, ty liim- ., vol. 2, honour pon the ida waa Ivil, and Ihat time )f debts, )erience tbe law. Registry a very Ixecution embrace sheriff's deeds. I believe it has always been a general |^^^^*f'« practice with purchasers at sheriff's sale to register their deeds just as they would register a deed from an individual ; and it is well known how much the register is looked upon in Upper Canada as exhibiting the true state of the title, and it is no doubt the intent of the act that it should be so. To quote once more from the language of the judges in Warbur- ton V. Loveland, they speak of the leading object of the act which they were discussing as being that, ' as far as deeds were concerned, the register should give complete informa- tion ; and that any necessity for looking further for deeds than into the register itself should be superseded;' and they add, ' It is manifest that no construction of the act is so well calculated to carry into effect this, its avowed object, as that whic^i forces all transfers and dispositions of any kind, and 'by whomsoever made, to 1:0 put upon the face of the register so as to be open to the inspection of all parties, who may at any time claim an interest therein.' The case from which I have quoted is a very instructive one, and well worthy of the most attentive consideration. " I hardly need observe, that since the decision of the case sheriff's Deeds. of Doe Brennan v. O'Neill, it has been looked upon as settled law in Upper Canada, that the Register Act applies to sheriff's deeds." Although the prior registration of a deed executed without Remorai consideration confers no title upon the grantee, as against a Re|?8try bond fide purchaser for value, still, as the fact of such a deed without being upon the register, with every appearance of conferring priority, will have the effect of creating a cloud upon the title, the court will decree its removal. (Ross v. Harvey, Grant's Chan. & App. Rep., vol. 3, p. 149). The court said, in the last case, that the bill was founded on a misapprehension of the law. The plaintiff supposed that the defendant, by means of the registration of his deed, their own being unregistered, had acquired a legal priority over them. This was a mistake. The Registry Act operates in favour of purchasers for valuable consideration, and it was con- sidcratioQ. i li! ■ i ; i I'i ftl '■ l; ft 40 JUDICIAL DICTA. <^' expressly stated in the bill that the defendant paid no con- sideration for the lands, ucpafd'pur- -^ vendor's lien for unpaid purchase money has priority chase money ^^^^ ^^^ jj^^^ created by a registered judgment against the vendee. (Hughson v. Davis, Grant's Chan. & App. Rep., vol. 4, p. 589.) Upon this point his honour V. C. Eaten said : "I have examined all the authorities which I thought it material to consult upon the subject, and they appear to me to establish this rule, namely, that a lien always exists upon lands sold for purchase money unpaid, by implication of law in favour of the vendor ; that it lies upon the purchaser to show that it does not exist ; that he must show this by evidence of express waiver, or of something incompatible with the lien ; and that it is not sufficient to show that the parties were ignorant of, and therefore did not trust to it." Judgments Referring to statutes containing enactments respecting vic.,ch.34. the registration of judgments, the learned V. C. con- tinued : " Before the passing of the act 9th Vic, ch. 34, it was generally understood to be settled law that lands and goods stood on the same footing in regard to judgments ; that is to say, that a judgment attached upon neither until delivery of the writ to the sheriflf. The law is understood to have been settled in this way by the Court of Queen's Bench of Upper Canada* in the case of Gardner v. Gardner, 4. U. C. Rep. 520. The statute of 9 Vic, ch. 34, altered the law in this respect, and directed that judgments registered according to its previsions should attach upon and bind lands, as against all persons from the date of such registration. The effect of this statute was, that the legal execution of a judg- ment creditor, whose judgment had been registered, could not be defeated by a subsequent sale of the lands of the debtor. It did not, however, otherwise olter the position of the judg- ment creditor. The 13th & 14th Vic, ch. 63, made a further alteration in the law relating to judgments. That statute provides that registered judgments shall in equity bind the lands of the debtor in the same way as if he had signed a After tha Statute. Effect of gttktutc. Statute 13tb & 14th Vic, ch. 63. JUDICIAL DICTA. 41 writing agreeing to charge them with the amount of the judgment. The eflfect of this statute may be considered to statute, be to give the judgment creditor, whose judgment is registered, a specific lien, whereas before he had only a general lien on the lands of his debtor. The two classes of rights, however, are perfectly distinct, and do not unite so as to render each other more forcible than they would be of themselves. A judgment, as a legal charge, creates only a general lien, as anT^pMrflc".^ it did before the 13tli & 14th Vic, ch. 63 ; and the specific lien arising from the operation of this statute is merely equitable, although the judgment creditor possessing it be also entitled to proceed against the lands of his debtor by process of legal execution." The learned judge further said : — " The relative position of the parties then, was this* Hughson had an equitable lien for the ^300, and the X918 15s., and Jonathan Davis had a judgment registered in the county where the lands in ques- tion are situate, by virtue of which he could either charge them in execution at law, or claim a specific lien upon them in equity ; but in the former capacity his lien was general, and therefore did not confer equal equity with the plaintiffs, and, in the latter, his right, in addition to that objection, was subsequent in point of time, and therefore obnoxious to the rule, ^ qui prior est in tempore potior est injure.^ Under these circumstances, I consider that the plaintiff's equitable dilutable claims, in respect of the purchase money of the land, must p"'"^*^" prevail over the judgment of the defendant, Jonathan Davis, even supposing the discharge of the two mortgages to have been valid in point of law and effectual. It is true that Jonathan Davis' judgment was registered ; and it may be contended, therefore, that it ought to prevail over the equit- able claims of the plaintiff in respect of the purchase money of the lands. I, however, adhere to the opinion which I expressed in Meacham v. Draper, that the Register Act does not affect equitable liens or mortgages, or the interest arising from mere contract, as distinguished from actual disposition. Every thing not avoided by the statute in consequence of 6 II 1'! I 42 ! 'j. Kquitable rights. Sale of mort- gagor's iU' terest. 12 Vic. c. 73 Judgment creditor. Equity of re dempUon. JUDICIAL DICTA. non-rogistration stands in the same plight as it did before the Act was passed. The equitable rights of the plaintiflF possess the same force as if the Register Act was not in existence, as they are not within its provsions, or aftected by them ; and, independent of this statute, they are clearly, I think, such as I have described them." The reporter has a note at the foot of the case, to the effect, that since the judgment was pronounced, the law in- volved in it had undergone further discussion, and that it seemed doubtful Avhether contracts such as the one relating to the mortgage in question in the cause, for £018 15s., are not within the Registry Act. If they were, the agreement to execute that mortgage was void as against Jonathan Davis, as it might have been registered, but was not. Where land subject to a mortage, is sold by the sheriff under the statute 12 Vic, ch. 7-3, ^^An Act to ])rovide for the ■ sale under executions, of the interest of mortgagors in real estate in Upper Canada," the purchaser acquires only the title of the mortgagor at the time the writ was delivered to the sheriff, not such as he had at the time of registering the the judgment. A judgment creditor purchasing an equity of redemption at sheriff's sale, cannot set up his registered judgment against a mortgage upon the premises made before the delivery of the writ to the sheriff. And quaere, whether a stranger purchasing the premises would not be bound to pay off judgment as well as mortgage debts, as forming together a portion of the price of the land purchased. (Peggc v. Metcalfe, 5 vol. Gr. Ch. Rep. page, 628). In the last mentioned case the judgment of the court was delivered in October, 1856, by Spragge, V. C. as follows : " This bill is filed in respect of incumbrances created upon the estate of Elisha Morton. They stand thus in order of time — First, a mortgage by Elisha Morton to William Pegge, 14th of February, 1856. Next, judgments recovered by defendant Metcalfe against Elisha Morton, 20th of February, 1847, and registered the same day. N'^xt, mortgage by ■i I JUDICIAL DICTA. 48 arc Elisha Morton to Silas Morton, lOtli of May, 1847, registered J,"^^jfj'^«'»t 7th of June, 1847. Next, registration of the first mortgage ^^mption. of Elisha Morton to William Pcggc, 8th of July, 1847. So that the position of the parties is, as between the two mortgages, that the second has obtained the priority over the first by prior registration ; as between the first mortgage and the judgments that the mortgage has the priority. This under the authority of Beavan v. Lord Oxford, 2 Jur. N. S. 121, while, as between the judgments and the second mortgage, the judgments are prior in date of recovery and registration. "The mortgaged premises were sold under the provincial statute 12 Vic, ch. 73, by virtue of writs placed in the 12 vie. 73. sheriff 's hands on the 6th of July, 1847, upon a judgment recovered by one McGregor against Elisha Morton ; and the above judgment creditor Metcalfe became the purchaser at the sum of .£50; and the interest of Eli.sha Morton, that is? Equity of re- his equity of redemption was conveyed to him by the sheriff 's ih?riff?s"* deed. '°""^'- ■ " The bill as amended, is by the personal representatives of the assignee of the second niortgagee, against Metcalfe and the personal representatives of the first mortgagee, and prays that the priorities of the several incumbrances may be declared and the land sold for their satisfaction, claiming priority for the two mortgages. " Independently of the statute it would seem that the first mortgagee having lost his priority over the second by the prior registration of the second mortgage, and the judgments having priority over the second mortgage, the first mortgage would be postponed to both, and the order of the incum- brances would be, first, the judgment ; secondly, the second mortgage ; and thirdly, the first mortgage ; and the question arises upon t'H; cfi'ect of the purchase by the judgment creditor of the equity of redemption of Elisha Morton. " The effect given by the statute to the taking in execution, Effector ex- sale and conveyance under it, is to transfer and vest in thesai'eMdcon^ purchaser, all the legal and equitable estate, as the statute uer^r^ ""' r ill .: ■'• i til ,11! i ; 1 44 JUDICIAL DICTA. I'i 1 cuuon" and" Gxprcsses it, right, title, interest and property, and the equity TeyanMun- of redemption of sucli mortgagor in the lands taken in cxecu- '''*'"• tion, sold and conveyed " at the time of placing siicJt writ in the hands of the sheriff or other officer to "whom the same is directed as well as at the time of such sale"; and to vest in the purchaser the same rights, benefits, and powers as the mortgagor could or would have had if the sale had not taken place. "The third section enacts that any mortgagee of the lands 12 Vic, c. 73. sold may purchase at the sale ; but in that case he is to give a release of the mortgage debt to the mortgagor ; and in case any other person shall become the purchaser, and the mort- gagee shall enforce the debt against th'* mortgagor, the mortgagor may recover payment over from the purchaser, and the land shall remain charged with the amount in favour of the mortgagor. " If the statute had given to the sale and conveyance of the Purchaser of equity of redemption, the eflfect of vesting in the pui'chaser iSteJfst*"* the estate and interest of the mortgagor at the date of the registering of the judgment instead of at the date of the placing of the writ in the sheriflF 's hands, it would perhap j have been more consonant with the statutes which make a registered judgment a charge upon land. As it is, it admits mortgages made between these two periods, and what is sold is the mortgagor's estate or equity to redeem all mortgages subsisting at the latter period ; and the amount due upon all those mortgages would necessarily be taken' into account by any one bidding at the sale of such equity of redemption ; that amount being part of his price for the land. The second mortgage having been made before the delivery of the writ to the sheriff, and the mortgagor's estate at that date subject to it, the estate acquired by Metcalfe by the purchase at sheriff 's sale, was the mortgagor's equity to redeem that as well as prior incumbrances, and if the assignee of that second mortgage had enforced payment of it against the judgment debtor, the mortgagor, he might under the third section have recovered it over against Metcalfe. It is clear, therefore, that JUDICIAL DICTA. 45 Metcalfe is the person to pay that mortgage, and that it ^"J/tSagor'H^ remains a charge upon the land after the sale. interest. " Then does the circumstance . f the purchaser being also a prior judgment creditor, make any difference, or enable him to claim his judgment as a prior charge upon the land ? If Metcalfe puts himself in the position of a prior incumbrancer notwithstanding his purchase, then the holder of the second mortgage is entitled to redeem him, and having done so, being himself only an incumbrancer, is entitled to be redeemed by the owner of the equity of redemption ; to receive money in one character which he would be bound to pay back to the same party in another. If a stranger had become the pur- chaser there could be no doubt, I apprehend, that this second mortgage would continue a charge, and i*^ Avould be strange if its so continuing could depend upon whether the purchase was by a stranger or another incumbrancer ; the thing purchased being the same, by Avhichever the purchase was made. " It is n*"^. necessary to determine whether in the case of a purchase by a stranger lie would be bound to pay off the judgment debts. If bound to do so, the judgment debts as well as tlie mortgage debis must be taken to be part of the price of the land, and so a stranger purchasing would not without paying both pay the whole price of the land ; and i^ari ratione, an incumbrancer purchasing and setting up his in- cumbrance against subsequent incumbrancers would, by so doing, claim from another a portfon of the price which he was himself to pay for the land. " If, on the other hand, the mortgage debts only, and not the judgment debts, are under the statute to be paid by the purchaser, that is, as between himself and the mortgagor, still in a case where tlie judgment creditor is himself the purchaser he cannot claim an incumbrance in virtue of his registered judgment, as be would then be claiming an incum- brance upon his own land. " In either view it would Sv 3m to follow that a judgment creditor purchasing an equity of redemption at sheriff 's sale, cannot set up his registered judgment against a mortgage ■ i i I I : 46 JUDICIAL DICTA. m'< Rcgistorod Judgment. Lien. upon the proniscs purchasetl, made before the delivery of the writ to the sheriff. " The decree "will be for a sale of the mortgaged premises, the proceeds to be applied in satisfaction of the incumbrances in the order of their priority." "In the case of Dunovan v. Lee, 5 vol. Grant's Ch. Rep., p. 345, a creditor obtained judgment previously to the statute 13 & 14 Vic, ch. 63, which, after the passing of that act, he registered. Subsequently to this the debtor assigned to a third party his equitable right, as purchaser, to certain lands upon "which a small balance of the pvu'chase money remained due : Jlcld, that the judgment so registered attached, and that the plaintiff was entitled to payment of his claim out of the proceeds of such lands, which upon a bill by the judg- ment creditor were ordered to be sold. Registration lu tlic coursc of liis judgment his honour the Chancellor i3&uvic. said: " I am inclined to think that the evidence establishes actual notice : but it is unnecessary to determine that, because, under the recent statute, registration is notice. It is said that the 13 & 14 Vic, ch. 03, only applies to judgments entered up after January, 1851. But such a limitation of the 8th section would be quite unwarranted. It provides ' that the registry of any deed, conveyance, will, or judgment, under the first recited act (9 Vic, ch. 34), or this act, affecting any lands or tenements, shall iji equity constitute notice of such deed, conveyance, will, or judgment, to all persons claiming any interest in such lands or tenements subsequent to such registry.' Now I quite agree that no construction which would give to the act an ex post facto operation ought to be adopted, unless such an intention has been unequivocally expressed ; (Moon V. Darden, 2 Ex. Rep. 22) ; and upon that principle it will be found, I presume, that rights acquired before this act passed, are not affected by the clause in question. But here the plaintiff's judgment was registered four months after the statute had received the royal assent, and the defendant's deed Avas a year later. There can be no doubt, therefore, that the case comes within the operation of the statute which clearly entitles the plaintiff to a decree." JUDICTAL DICTA. 47 The llcgistvy Act 13 & 14 Vic, ch. (53, has not made anyia*,],^^'"- cliangc in the r'glity of equitable incumbrancers. u^nl'"''''' A tleed of trust was executed by a debtor, and by a mistake in setting out the nietcs and bounds^ a portion of the property intended to be conveyed ,>as omitted ; subsequently to which a creditor obtained and registered a judgment against the debtor. Held, tliat the assignees in trust were entitled to have the mistake rectified, and that the lien of the judgment creditor did not attach upon the land. (McMaster v. Phipps, Gr. Ch. Hep. 5 vol. page 253). The judgments of their honours the Chancellor and the two Vice Chancellors, go so fully into the construction of the f^tatute as to warrant their insertion in this place. The Chancellor — " It is established beyond doubt that a portion of the property intended to have been conveyed, and v.iiich should have been included in the conveyance, was omitted by mistake, and it follows that the plaintiflfs are Mistake, entitled to have this mistake corrected as against Clarke the grantor. That portion of the estate which was omitted from the conveyance by mistake belongs to them in the eye of this court, and they are entitled to call for a conveyance. The deiendant does not contest that proposition, but he contends ""i'- * ^ ' Registered that under the provisions of the 13th & 14th Vic, ch. 63, Jutignien'- the plaintiff's equitable title cannot prevail against his registered judgment. " That opens several questions upon the construction of the construction •r.' A I'll •! r. T of Registry Uegistry Act, which has not received, as yet, so far as I am '*'^'- aware, any judicial interpretation. The first difficulty which naturally presents itsolf is to determine whether the statute applies to any instrument other than ' deeds and convey- ances,' properly so called; because if it be clear that the statute does not embrace instruments by ^yhicli estates are affected in equity only, it would seem to follow, that it can- not apply to the present case. A similar question arose upon the construction of the Irish Registry Act, 6 /Vnne 92, and Lord Redesdale determined that all instruments by which lands 'y^ * ■ I 48 JUDICIAL DICTA. Act 1:1 & 1 1 rb, (i3. 'I of "ul-sutiy" ^^^''^ aifectcil in any way whatever were within that act. It Vie '^^^y ^^^ douhted, perhaps, whether Lord lledesdale meant to determine more than that the statute embraced all conveyances, not only regular legal conveyances, hut such as affected the equitable interest only. But his language is much more extensive. He says : (Latouche v. Lord Dunsarey, 1 S. & L. 158 :) ' I think, therefore, it must be understood from that clause to have been the intention of the legislature that in whatever manner lands could be affected hj any instrument, that in- strument must be brought upon the registry to give it effect against a subsequent deed duly registered ;' and again, ' the intention was to make priority of registry the criterion of title, to all intents and purposes whatsoever.' Lord lledesdale meant to determine, I think, that the L'ish statute included contracts and other instruments not coming within the desig- nation ' deeds and conveyances.' " It is true that Sir Edward Sugdcn speaks doubtingly of Lord Redesdalc's decisions upon the subject ; but they have been sustained ; and, without relying on the great learning and ability of the learned judge by whom they were decided, it is admitted the reasoning on which his lordship proceeded is of great cogency ; and I am inclined to think that if the matter were res inteyra it ought to prevail. Then, assuming Lord Rcdesdale's decisions on the Irish Statute to be sound, they seem to me to govern the present case. The expres- sions in both statutes arc the same, ' deeds and conveyances,' and in that under our consideration there are the words * whereby any lands, &c., in Upper Canada may be in any wise affected in laiv or equity,' which are not to be found in the Irish statute ; and apart from the particular expressions used, the argument from general intention appears to me to be much stronger in the present case than upon the Irish statute. " Assuming *hat to be the true construction, it follows necessatily, that in cases affected by the Registry Act the legislature* must have intended to deprive purchasers for value without notice of that protection which equity was in Irifh Statute JUDICIAL DICTA. 49 'a ish ws ;he 'or in tlio habit of affording them. Previous to the statute a^°J|JJ"""* purchaser for value, with the legal estate, could not have been affected by a contract of which he had not notice. A plea of purchase for valuable consideration without notice would have been a complete bar. But if contracts be within thooontmtn. act, that is no longer true ;' a registered contract would prevail, whether the purchaser have or have not notice. Drew V. Earl Norbury, 3 J. & L. 267. " Taking that to be the true construction of the act, it is said to follow, a fortiori, that a registered deed must prevail over equitable interests of whatever nature, unless brought in some way or other upon the registry. That proposition, if true, would put an end to the doctrine of this court, that Notice equi- notice of a prior equity is equivalent to registration, and thatregSSration. in such a case, consequently, priority of registration is of no avail. But that conclusion cannot, I think, be maintained. The doctrine to which I refer had been long recognised as the established rule of the court, and if the legislature had intenf'ed to interfere with it, I have no doubt that an express provision to that effect would have been found in that statute. But the statute contains no such provision, probably because the legislature felt the force of Lord Redesdale's observation , who, speaking of the Irish statute, said : ' This does not exclude any thing which affects the conscience of the party himself, who claims under the registered deed ; it never was ^^^'^^l^^ the intention of the legislature to give a priority of right to J^'J** commit a fraud. I take it to be as clear, therefore, since the statute passed as it was before, that actual notice is equivalent to registration.' " What effect has this statute, then, upon equitable rights which have not been created by deeds, conveyances, written instruments of any sort, but which arise upon parol 5^^^^' agreements, or grow out of the conduct of the parties ? what ^ ^j is its effect upon parol contracts partly performed ? or upon ^^l'^^^^ that species of resulting trust, where land has been purchased *'"»*• with the money of one, and the conveyance taken in the name of another ? or upon that large class of cases where 7 ^,. Equitable "* righta not ! 1;' i ! t s i J I! I 60 JUDICIAL DICTA. FratiduUnt d-cd. Btntule no nppllratlon. What it UPtllON. What it doi-n not affoct. E'liiitlei-. Effpct of xtntute on Judfrment creditor. deeds are set aside by this ccurt for fraud, or for undue influence, or upon grounds of public policy as between guardian and ward, attorney and client, &c. ? It is quite obvious that the statute has no application to such cases. It settles the priority between conflicting deeds or instruments, (if that bo the correct construction), which admit of registra- tion; but it docs not affect to deal with equitable rights which do not ariso upon any deed or written instrument, and as to which, therefore, the provisions of the registry laws are wholly inapplicable. The language and scope of the act shew that equities of this sort were not in the contemplation of the legislature : and indeed, as to them, legislative inter- ference was wholly unnecessary, for a purchaser for value without notice was always protected, and I have already shown that a purchase with notice is not within the act at all. " The provisions of the statute in relation to purchasers being such, its effect upon judgment creditors remains to be considered. Previous to the statute purchasers and judgment creditors stood upon an entirely different footing. A purchaser without notice having the legal estate Avas always protected ; but a judgment creditor was in an entirely different position. A judgment creditor does not contract for any particular estate, or even for a lien upon any particular estate ; and therefore a plea of purchase for valuable consideration with- out notice would have been utterly repugnant to the nature of his interest. He had, indeed, in virtue of his judgment, a general lien, or quasi lien, upon the estate of his debtor. But that lien was confined, and in reason it should have been confined, to property in which the debtor had the beneficial as well as the legal interest. To have permitted a judgment creditor to fasten upon i»r perty because the legal interest was in the debtor, uj ' igh in substance it belonged to another, would have beeu contrary to the plainest principles of justice; this couat hel^L ili*?refore, that the judgment at- tached only upon tfao b. ■ ficial interest of the debtor, and was in the constant habi. of projecting equitable rights, in JUDICIAL DICTA. 'A opposition to the legal claims of the judgment croflitov. Now it must bo admitted that tliis state of tho law has been altered to a considerable extent by the recent statute. For some purpose judgments are treated as conveyances, and when registered deeds and judgments come into competition the,iw.u*nnd legislature have declared that they arc to take eftect accord- 1" nm'poti- ing to the date of registration ; and an unregistered conveyance is void against a subsequent registered judgment. If that be tho effect of the statute, and I am inclined to think it is, then it goes much beyond the English act from which it was bor- rowed, and its provisions seem hardly consistent with principles of natural justice, for it enables a judgmeijt creditor to realise his debt from property in which the debtor has no beneficial interest. Still, whatever may be our view as to the policy of tho act, it is our duty, of course, to give effect to its provisions. But there is nothing in the act which places a iudgment creditor on tho same footing for J"J?'»«>°t •'•'''_ O credltdT not all purposes as a purchaser. It is true, indeed, that in cases f "*"»«»" '•'"t- coming within tho operation of the act, an eflfect has been ''•"'»«'^- given to registration, which was previously unknown ; but there is nothing in the act which entitles a judgment creditor, in __case8 unaffected by the registry law, to the rights of a purchaser for value without notice. In such cases a judgment judgment has no greater effect since the statute than it had before. ItLneViai attaches upon the beneficial interest of the debtor, and upon that only, wai<^ ooes not displace existing equities. "But if that were otherwise ; if it could be shewn that upon the proper construction of the act a judgment creditor stands for all |»urpose8 in the position of a purchaser ; still it will not be contended, I suppose, that he stands in a better position. Now I have shown that a purchaser with notice of an existing equity takes subject to it, and a judgment creditor or^tt with cannot claim to be regarded with more favour than a purcha-?8Ung equity ser. Assuming the constniction for which the defendant contends therefore, he would have been bound to show that at the time he recovered his judgment he had no notice of the plaintiff's equity. But no such case is set up. It is ad- i; 52 Notice. Registered judgment. £quitable claim. JUDICIAL DICTA. mitted, on the contrary, that the defendant at that time had full notice of the plaintiff 's rights. " Upon the whole, my opinion is, that the case is not within the Registry Act. Upon the execution of the conveyance under which the plaintiffs' claim, they acquired the whole beneficial interest in the estate, and as to that portion, the legal estate in which remained vested in Clarke, he was a trustee for them, and they are entitled, therefore, to be protected from the entering judgment. Taylor v. Wheeler, Ver. 564 ; Burgh V. Francis, 3 Swan, 536 n ; 2 Sug. V. & P. 1023, & 1134. But in any view of the act, they are entitled to prevail, as it seems to me, against the present defendant." Esten, V. C. — " The question arises in this case whether the registered judgment of the defendant should not prevail over the equitable claim of the plaintiffs. This depends upon two other questions — first, whether the Registry Act by im- plication extinguishes equities of this description as against a registered deed or judgment ; second, whether the Registry Act elevates a judgment creditor abstractedly to the position of a purchaser for valuable consideration, having equal equity with a specific purchaser or incumbrancer. I think both of these questions should be answered in the negative. First, I think that equities of this nature are not extinguished by implication (they are certainly not expressly avoided) as against a registered title by the Registry Act, and that the case^of equitable mortgages is only mentioned exempli gratid ; and second, that the character of a judgment creditor is not essentially altered by the operation of the Registry Act as a purchaser. He is still a general incumbrancer, not having equal equity with a specific claimant. " These two principles exclude Mr. Phipps in this instance. The right of the plaintiffs was not affected by the Registry Act, and the only defence that Mr. Phipps could raise against it was, that he was a purchaser for valuable consideration without notice. But a judgment creditor, we have seen, cannot avail himself of this defence against a purchaser of the particular estate (as I think the plaintiffs in this case are), JUDICIAL DICTA. 53 0, not hpTing equal equity with him. The result is, that the clair . of the plaintiffs must prevail, if the facts warrant it. On this point it cannot be doubted, I think, that the parcel of land in question was omitted from the deed by mistake, and that Mistake. deed ought to be rectified in that respect in favour of all creditors who became parties to it within the time limited, or before the registration of the judgment." Spragge, V. C. — " I think that the plaintiffs are entitled to have their deed reformed as prayed by their bill, upon these grounds : that they are purchasers for valuable consideration of certain lands which it was intended by the vendor as well as by themselves should be conveyed to them ; that by Mistake. a mistake in the description inserted in the conveyance, a certain portion of these lands did not pass by the conveyance^ and the plaintiffs have an equity to have that portion now conveyed to them, by reforming their deed of conveyance or otherwise, unless some other right superior to their's inter- vene. A superior right is claimed on the part of a judgment c^dft'or.'** creditor who has recovered and registered his judgment in the county in which the lands in question lie since the regis- tration of the conveyance to the plaintiffs ; and who claims to stand upon the same footing as a purchaser for valuable consideration without notice registering his conveyance of lands, intended to be conveyed, but not conveyed by the the previously registered conveyance. " I do not think that he can under the statute, as certainly j^^^^ ^^ ^^ he cannot in reason, stand upon the same footing. Before [n^rehaser the passing of the statute 13 k ]4 Vic, ch. 63, the claim of the judgment creditor to have execution of such lands would have been held clearly inadmissible in this court ; for the lands would in equity be the lands of the purchaser, though not yet conveyed to him, and if a purchaser for valuable conside- ration, as I take these plaintiffs to be, his equitable right is saved to him by the express words of the statute ; for the second section, making registered judgments a charge upon the lands of the debtor, has this proviso : ' provided never- Proviso or theless that nothing herein contained shall be deemed, or i' i! ill 1 11 54 JUDICIAL DICTA. Saying of rights of pur chasers for value. Registered judgments, and regis- tered con- veyances. Vic.,c. 84. 13 & 14 Vic, cli. C3. taken to alter or affect any doctrine of courts of equity where- by protection is given to purchasers for valuable considera- tion without notice.' In other words, the rights of such purchasers remain as they were before ; and unless the right of these plaintiffs would have been affected by a judgment recovered against the person from whom they were entitled to a conveyance, it is not affected by the statute. It appears to me that this proviso, saving the rights of purchasers for valuable consideration from being affected by registered judgments, is sufficient for the decision of this case. " There is another ground, however, upon which, I think, the plaintiffs' rights were unaffected by the judgment. I am of opinion that the statute does not place registered judgments upon the same footing as registered conveyances to purcha- sers for valuable consideration. The whole scope of this and the former statute, making registered judgments bind lands (9 Vic, ch. 34), appears to me to be against it. The former statute, after providing for the registration of the certificate of judgment, goes on to enact that ' every such judgment shall affect and bind all the lands, tenements, and heredita- ments belonging to the party against whom such judgment is rendered, from the date of the recording of the same in the county,' &c. The second clause of the last statute does not use the word 'belonging,' but is couched in less popular and more legal phraseology, but equally confines the effect of registration to lands remaining in the judgment debtor at the time of registration. It provides that registration of a judg- ment shall operate as a charge upon all lands in the county to which the judgment debtor at the time of the registering of the judgment or afterwards should be seised, possessed or entitled at law or in equity, or over which he might have any disposing power exerciseable for his own benefit without the assent of any other person ; and further, that every judgment creditor shall have such and the same remedies in a court of equity against the lands so charged by virtue of the act, as he would be entitled to in case the judgment debtor had power to charge the same, and had, by writing under his hand, agreed to charge the same with the amount of the judgment debt. JUDICIAL DICTA. 55 •'It is too plain for argument, that neither by this clause, Jj^'^g*^^*" nor by the corresponding clauses in the former act, is any '^^°a. effect given to the registering of a judgment as to lands in which the judgment debtor has ceased to be interested ; the words 'belonging' and 'at the time of registering such judg- ment' are as explicit as words can be ; and the provision, that the remedy in equity should be the same as if the judgment debtor had i^ower to charge, and had by writing agreed to charge, excludes the application of the statute from lands over which he had ceased to have such power. " The statutes have thus defined what lands shall be aflfected j^^^^ ^^^g. by a registered judgment — that is, lands in which at the time tered judf-*" of its being registered the judgment debtor had title or in-*"®"*" terest ; no other lands are affected under the statute. "Then comes the third clause, Avhich creates whatever diflficulty can be created under this branch of the act, because, and only because, it mentions a purchaser or mortgagee for val" ' consideration and a judgment creditor together ; but thi- 1 •^liculty seems to me to be more in appearance than in reality, for in reading the third clause, we must read with it * uvic. c the second, and we then see what lands are affected by a registered judgment ; and the only question then is, whether under the general words of the third clause, we are to make a registered judgment apply to lands to which it is not applied by the second, and from which the application is almost in ^fl f^ terms excluded by the second, the oflSce of the second clause ^^''"o"^- being to define what lands should be so affected. There is nothing in the third clause to give a netv subject matter for a registered judgment to operate upon ; its only office is, so far as registered judgments are concerned, to prescribe how they shall stand as to the lands in the county upon which they operate, relatively to unregistered conveyances ; and this, jilthough it may limit the operation of the provision to after- acquired property, is, 1 think, its true construction. A subsequent clause makes registration itself notice ; otherwise the necessity for, and the effect of such a provision would be greater; but whether its operation be great or small, or )s:. ^lfl %■ Mr r '.^ ;( 1.1 ; 56 JUDICIAL DICTA. fit!;; Sfl; >J:j H'lfj fSf' " m w *uA'itA':Jk[u . I^'J^'^^^^"'^ whether it may have been inserted to provide against unfor- IhXl^ ^'^ " ^^^'^ consequences, there is no reason for giving to it an effect which, reading the second clause of the act, it appears never to have been intended to have. The existence of that second clause makes all the difference between judgment creditors and purchasers ^or valuable consideration, for there is no equiva- lent provis .a as to the latter in this or any other statute. " To test it, I Avould put this case — suppose the second clause had made judgments a charge only upon a certaiij class of lands, or had expressly, or by implication, excluded lands held by a particular tenure, could it be held that the third clause gave it a wider operation, because, treating of conveyances as well as judgments, it used the general terms lands and tenements or hereditaments ? I apprehend there could be no hesitation in holding that judgments were not thereby made to affect any lands to T.hich they were not applied by the second clause. I can see no substantial dif- ference between the case supposed and this ; although in the case supposed the true construction is more obvious. " If the statute would bear -no other construction than to make judgments a charge upon lands which had ceased to be the lands of the debtor, it would be necessary so to construe it, whatever violation of principle it might involve, and how- ever unjust and mischievous might be its consequences ; but I'oiicy of the I think that its true construction is otherwise. The policy and justice of the registry laws as between purchasers do not apply to judgment creditors. There is reason for preferring a purchaser for value who has registered without notice to one who has a conveyance which he has neglected to register ; because, finding no conveyance from his grantor registered, he has reason to believe that no such conveyance exists ; but there is no reason for satisfying a judgment debt by the sale of lands which do not belong to the judgment debtor ; and, as I read the statute in question, it provides that it shall be satisfied only out of lands which do belong to him. " Since this case was heard, the question as to the construc- tion of the statute has been ably argued by Mr. McDonald, Itepistry laws JUDICIAL DICTA. 67 i in the case of Ross v. Piatt, against the construction, -which I think the proi^cr one. I am ghid that it has been so, for in the case now in judgment the defendant, a layman, appear- ed in person, and offered in defence certain circumstances of hardship whitii could not influence the decision of the case. The legal point having been since argued, I have, in considering the case, given the same weight to the arguments of Mr. McDonald as if they had been advanced in this case. "I rest my judgment in this case upon the two grounds which I have stated, because I have not been prepared to Equities out , - . , . , . . - . of instru- assent to the doctrine that equities arising out oi instru- monts inca- . f«iT 1 pable of ments incapable of registration, or out of dealings between ivgistration. parties, are to prevail against a subsequent purchaser for valuable consideration without notice, who has duly registered his conveyance ; but the doctrine having been propounded by the other members of the court, and made the ground of their decision of this case, it becomes of course the law of this court." Constructive notice is insufficient in any case to postpone constructive a registered conveyance executed bond fide. A lessee of the Canada Company, with a right of purchase, assigned his claim to the piaintiif, and afterAvards, in fraud of the plaintiff, obtained in his own name an :\bsolute convey- ance from the Company, and conveyed the land to the defendant, a bond fide purchaser without notice, who paid part of the purchase money, and registered the deed to him- self ; the plaintiflf omitted to register the assignment to him. Held, that defendant was entitled to hold the land, free from any claim of the plaintiff. — (Ferrass v. McDonald, 5 vol. Qe. Ch. Rep. page 310). The Chancellor, after stating the facts of the case, thus proceeded : " Now, assuming the facts to be as 1 have stated them, and the question of notice, as to which I shall speak Notice. presently, to be the only point in dispute, I am of opinion that the contract of March, 1853, cannot prevail against the subsequent registered conveyance. In McMaster v. Phipps, decided the other day, I had occasion to consider attentively 8 f a I » 58 JUDICIAL DICTA. I I.-t-S! \U omiiim *^® provisions of the recent Registry Act, 13 & 14 Vic, oh. 83. qJj^ g3^ g^jjj ^jjQ conclusion at which I then arrived was, that the statute is not confined to regular legal convey- e^Su *"'* *° ances, but embraces every species of contract, by which lands are in any way affected either at law or in equity ; and as the grounds upon which I formed that opinion were then st' ^ i at length, it is unnecessary to repeat them in this « f eKi8t™«a he shall deliver to the register of the county in which such memorial of lands are situated a certificate of such sale under his hand and seal of office, stating the name of the purchaser, the sura paid, the number of acres sold, the lot or tract of which the same form part, and the date of such conveyance, and may comprise in any one certificate a schedule of all or any number of such conveyances ; which certificate shall be to such register a sufficient authority, in place of a memorial, to record such conveyance or conveyances respectively. XX. And \)Q it further enacted by the authority aforesaid, That the register of any county, having received from the sheriflf such certificate as above mentioned, shall, on pro- duction of any conveyance made under the authority of this act, enter on record a transcript of such conveyance, which shall be deemed to be a sufficient registry thereof ; and for RpsrlHters to en itT a trans- cript of con- Teyanco:* on record, and grant a cer- tificate ther- of. which shall be deemed « Buffclent registry. .1 #i1 M UEaiSTllY LAW.^. * i, a»o. TV., such registry, ami tlio cortificato thereof in the usual form, the re;^i.ster shall bo entitled to receive of the party, the sum Ft-ti to rogu- of lyy^J Bliilliii|_f3 and mx peuee, and no more. 9 GEO. IV., CHAP. 2. I * I'reainblu. Sou 3 Vic. Chi. 73 & 74. ProTiHion in bfhalf of certain roli- gi us sncl- ctlcs, allow- i).); laiidfi to be held for their uso by trustuuis, Hud their Buc- cefiHors, ia perpetual BUcocflsion. ''^An Act for the relief of the Iteliyious Societies therein mentioned." [Passed 26th March, 1828.] Whereas roligiou.s societies of various denominations of Christians find difficulty in seein'iii<^ the title of land requi- site for the site of a church, meeting-house, or eliapel, or burying ground, for want of a corporate capacity to take and hohl the same in perpetual succession ; and whereas it is expedient to provide some safe and adet^uato relief in such cases. Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Legis- hitive Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an act passed in the Parliament of Great Britain, intituled, " An act to repeal certain parts of an act passed in the fourteenth year of His Majesty's reign, in- titided, ' An act for making more eflectual provision lor the Government of the Province of Quebec, in North America, and to make further provision for the Government of the said Province,' and by the authority of the same. That whenever any religious congregation or society of Presby- terians, Lutherans, Calvinists, Methodists, Congregational- ists. Independents, Anabaptists, Quakers, Menonists, Tunkers or Moravians, shall have an occasion to take a conveyance of land for any of the uses aforesaid, it shall and may bo lawful for them to appoint trustees, to whom, and their suc- cessors, to be appointed in such manner as shall be specified in the deed, the land requisite for all or any of the purposes aforesaid may be conveyed; and such trustees and their REUISTKY LAWS. (»5 successors in perpetual succession, by the name expressed inoa«o.iv.» such (Iced, shall be capable of taking, holding and possessing such land, and of commencing and maintaining any action or actions in law or equity for the protection thereof, and of their right thereto. III. And be it further enacted by the authority aforesaid, Jf^*^'*,*!' That such trustees shall, within twelve months after the '*"<'• execution of such deed, cause the same to be registered in the office of the register of the county in which the land lies. IV. And be it further enacted by the authority aforesaid. That all conveyances made before the passing of this act, couTeyancei for all or any of the purposes aforesaid, sh. (1 be i^oH and '"»•»" fo'' ih« valid in law in like manner as if the same had been mad< *''•»«*•,, after the passing of this act, and subject to the provisii iis of this act; Provided such convcyonco shall 1, r been already registered, or shall be hereafter registcrn« as ifore- Rogiitry. said, within twelve months after the passing of this act. i, 4 WM. IV., CHAP. 1. " An Act to amend the Law respecting Real Property ^ and to render the proceedings for recoverinr; voaacsaioii thereof in certain cases, less difficult and expensiv .,'' [Passed 6th March, 1834.] XLVII. And be it further enacted by the authority afore- said, That after the passing of this act, a deed of bargain and sale of land in this Province shall not be held to require enrolment or to require registration to supply the place of enrolment for the mere purpose of rendering such bargain and sale a valid and effectual conveyance for passing the land thereby intended to be bargained and sold ; Provided 9 Deed of bar- gain and sale ■ball not require en- rolment to render it a Talid con* reyance. M: P • V 41 11 66 REGISTRY LAWS. PrekmM«. ch'^""^^" al^'^ys nevertheless, that the necessity of registering such fe'JiityVp*' '^^^^ of bargain and sale in the register of the county in to*preTeSt' which the land is situated, in order to guard against a sub- purdS^ler "* soquent purchaser of the same lands obtaining title by prior priOTfty," "^ registry, shall continue as before the passing of this act. ihall con- tinue as before. 8 VIC, CHAP. 15. " An act to extend the provisions of two certain Acts of the Parliament of the Province of Upper Canada^ to other Denominations of Christians than those therein enumerated." [Passed 17tli March, 1845.] Whereas religious societies of various denominations of Christians, in Upper Canada, find diflSculty in securing titles to the land requisite for the site of a Church, Chapel, Meeting-House, Burial Ground, and residence for their Minister, for want of a corporate capacity to take and hold the same in perpetual succession ; And whereas, to afford some safe and adequate relief in such cases, it is just and expedient to extend the provisions of a certain Act of the Parliament of the late Province of Upper Canada, passed in the ninth year of the Reign of His late Majesty King George the Fourth, intituled, " An Act for the relief Actof Upper of the Religious Societies therein mentioned," as amended by Geo.*'iv! ^ certain other Act of the Parliament of the said Province, ch. 2, cited. pj^g5e(j in the third year of Her Majesty's reign, intituled, " An Act to amend an Act passed in the ninth year of the reign of King George the Fourth, Chapter Two, intituled, * An Act for the Religious Societies therein mentioned,' " to ■Other d««:OBiinations of Christians than those therein enume- rated : Be it therefore enacted by the Queen's Most Excel- lent Majesty, by and with the advice and consent of the Legislative Oownoil and of iSie Legislative Assembly of the Province of Canndft, constitated and assembled by virtue of «nd under the autliority of an act passed in the Parliament of tbe United Kingdom of Great Britain and Ireland, n BEaiSTRT LAWj). 67 Buch intituled, "An Act to re-unite the Provinces of Upper »▼««•»*• «• and Lower Canada, and for the Goyernment of Canada," and it is hereby enacted by the authority of the same. That whenever any Religious Society or Congregation of Chris- Any reiigi- tians, in that part of the Province called Upper Canada, B«tion of shall have occasion to take a conveyance of land for ajay """y how of the uses aforesaid, it shall or may be lawful for them *oi^^p^«^ appoint Trustees, to whom and to whose successors, to ^* ercUe*'of "" appointed in such manner as shall be specified in the deed of ^«^^ '*"■ conveyance, the land requisite for all or any of the purposes aforesaid may be conveyed; and such Trustees and t^eir successors in perpetual succession, by the name expressed in ruch deed of conveyance, shall be capable of taking, holding, and possessing such land, and of commencing, maintaining, and defending any action or actions in law or equity for the protection thereof, and of their rights and property therein ; any thing in the statutes commonly, called the Statutes of Mortmain, or any other Law to the contrary hereof notwithstanding. II. Provided always, and be it further enacted, That such Proviso, con- --..*' . Teyanceto within twelve months after the execution of I* «?»«8j»-. tered within Trustees shall, such deed of conveyance, cause the same to be registered in ^^^l^, the oflSce of the Register of the county in which the said land is situate. 1$) 9 VIC, CHAP. 82. " An Act to make provision for confirming certain Acta of Begiatrars in that part of this Province formerly Upper Canada.'' [Passed 9th June, 1846.] Whereas, by an act passed during the present session, Preatabi*. intituled, " An act to consolidate and amend the registry Laws of that part of this Province which was formerly Upper Canada," it is provided that there shall be a regis- ter appointed to be resident in each and every county of m 68 REGISTRY LAWS. f I \ iji i : convcyancc or will, as aforesaid, shall be dead, or perroan«ntiy shall be permanently resident out of this province, it shall prov"n« * and may be lawful for the grantee or grantees, his or their provided for. j^gj^g^ exccutorSj administrators, guardians or trustees, or li^iH BEQISTRY LAWS. T5 IS if any J, or hall heir or their assignee or assignees, to make proof before the justices » vie, ch. 84. in General Quarter Sessions assembled in any district of this province, of the execution of such instrument, and upon a certificate, signed by the chairman and witnessed by the clerk of the peace, that the majority of the magistrates pre- sent in such session assembled, were satisfied by the proof adduced of the due execution of the said instrument, it shall and may be lawful for the register of the said county, or Jiis deputy, to lecord the said deed, conveyance, or other in- strument as aljresaid, in manner hereinbefore mentioned, together with the said certificate, and to certify the same, which certificate, from the register or his deputy, shall have the like eft'ect as the certificate to be granted in all other cases. XII. And be it enacted. That all wills, or the probate ^j,,^ ^^y thereof, shall be recorded as aforesaid, within the space of with^l'ffect*'* twelve months after the deatli of every respective devisor, Twlwe testator, or testatrix, shall be as valid and effectual against tbe'dVath'oV subsequent purchasers, as if the same had been recorded immediately after the death of such respective devisor, testa- tor, or testatrix ; any thing herein contained to the contrary thereof in any Avise notwithstanding : Provided always, thatProviw, in case the devisee, or person or persons interested in the lands, tenements or hereditaments, devised in any such will as aforesaid, by reason of the contesting such will, or by any other inevitable difficulty, without his, her, or their wilful neglect or default, shall be disabled from the recording the same within the respective times hereinbefore limited, then and in such case the recording the same within the space of twelve months next after his, her, or their attainment of such will or probate thereof, or the removal of the impedi- ment aforesaid, shall be a sufiicient recording within the meaning of this act ; any thing herein contained to the con- trary hereof in any wise notwithstanding. Certificate of XIII. And be it enacted. That when and so often as anyJ^^^fP^''* judgment shall he entered up in any suit or action in any Jfb^*i,''dr I' i 76 REGISTRY LAWS. i ! 1 ! il \A 5! HI vie, oh. 34. Court of Record in Upper Canada, whereby any lands, tene- ments or hereilitamcnta within the same, are or may ho affected, it Hliall and may be hiwful for the plaintiff or plain- tiffs, defendant or defendants in such action, hin or their attorney, to obtiiin a certificate from the clerk of the court in which such judgment is obtained in his or their favour, which certificate the said clerk is hereby authorised and 2n. cd. required to give, and to charge two shillings and six pence, currency, for the same, in the following form : " In the Court of {m the casa may he.) " I hereby certify that judgment was entered up between A. B., plaintiff, and C. D., defendant, on the Form. (lay of in a plea of for pounds, debt (or damages) and pounds, costs. E. F., Clerk." Such cprtifl. And the party obtaining such certificate, his or their attor- cate mnybe in i . i • c i • i rcKiH red; ncv, shall carrv the said certificate to the register or deputy effect of such *'.' ni -i-ii registration, register of the county or counties wherein the lands, belong- ing to the party or parties against whom such judgment is entered, lie, who, upon the receipt thereof, under the signa- ture of the clerk, and under the seal of the court shall record the same ; and every such judgment shall affect and bind all the lands, tenements and hereditaments be- longing to the party against whom such judgment is rendered, from the date of the recording of the same, in the county wherein such lands, tenements, or heredita- ments lie, in like manner as the docquetting of judgments Proviso. in England affects and binds lands : Provided always that no unregistered judgment, entered after the passing of this act, shall take affect against a prior registered judgment unless the party w^ho shall have the first registered judgment shall neglect or delay the putting his execution against lands into the hands of the proper sheriff for one year next after the entry of such judgment. -: 1, REGISTRY LAWS. 77 Tho XlVtli section mu repealed by 13 & 14 Vic, eh. C3,i)Tic.,ch.34. sec. 0. XV. And bo it enacted, That every such register, or li'S """"*"'' sufficient deputy, nhall give duo attendance at his offico every JJ^I'I^^^"'" day in tlio year, (except Sunday, Christmas day and Good o^lbi*"*"* Friday) between tho hours of ten in the forenoon and three "*"''''•• in tho afternoon, for the despatch of all business belonging to the said offico ; and that every such register or his deputy shall, wLcn required, make searches concerning all memorial that have been heretofore registered, and concerning all deeds, Avills or judgments which may be h< eafter recorded, and give certificates thereof under his hand, if required by any person. Tho XVIth section was repealed by 10 Vic. ch. 187., sec. 8. XVII. And be it enacted, That if any person or persons punishment shall at any time forgo or counterfeit any certificate, by this forSi^K""* act authorised or directed, or any affidavit of the execution ^ of any memorial, or any such memorial, and be thereof lawfully convicted, such person or persons shall incur and be liable to tho same pains and penalties as in and by an act of parliament of Groat Britain, made in the fifth year of the reign of Queen Elizabeth, intituled " An Act against the Forgers of false Deeds nnd Writings," are imposed upon persons forging or publishing deeds, charters, or writings, sealed court rolls or wills, whereby the freehold inheritance of any person or persons in or to any lands, tenements, or hereditaments, shall or may be molested, troubled or charged ; and that if any person or persons shall at any time for- swear himself before any register or his deputy, or before swearing •^ ° . tliemselyes. any judge, commissioner, or other person duly authorised to administer an oath in any of the cases aforesaid, and be thereof lawfully convicted, such person or persons shall incur and be liable to the same penalties as if the oath had been taken in any court of record in this Province. V T8 KEQISTRY LAWS. »vio.,ch.3i. So much of section XVIIth as rolatCB to forgcv • vui? repealed by 10 & 11 Vic. ch. U, sec. 22. Act not to estonil to oortalD luiMoi. Firo proof oftici>8 niij TaullH tn 1)0 provlduU for ruKiitry offlca, XVIII. And be it enacted, That this act slmll not extend to any lease for a terra not exceeding twenty-one years, where the actual possession goeth along with the lease ; any- thing in this act contained to the contrary thereof notwith- standing. XIX. And be it enacted, That safe and proper fire-proof offices and vaults shall be provided within eighteen months after the passing of this act, in each and every county in this province, for the keeping of all books, records, and other papers belonging to the office of register ; and in case the register of any county shall neglect to provide such office and vault within the period aforesaid, the district council shall fix upon the most convenient and eligible site for such office within the county, and cause a proper and sufficient office to bo provided at the expense of the district, not exceeding two hundred and fifty pounds, an'" j MpaWe.'may appointed, or shall become, by sickness or otherwise, wholly from office*! incapable of discharging the duties of his office, it shall be REOIflTRY LAWS. 79 lavrful for tho Governor to romovo him from office, on pro-ovlr..ch.34• 8cntmcnt to the grand jury as iiforesaitl, made on such evidence as aforesaid ; and the clerk of the peace shall in like manner forward a copy of every such presentment. Punlfihinent of rfKixtiTH guilty of UllllUO practices. XXI. And bo it enacted, That if any register or his deputy shall neglect to perform his duty as required by this act, or commit or suffer to be committed any undue or fraudulent practice in the execution thereof, and be thereof legally con- victed, then such register shall forfeit his said office, and shall bo liable to pay treble damages, with full costs of suit, to any person or persons that shall be injured thereby, to bo recovered by action of debt, bill, plaint or information, in any of her Majesty's Courts of llecord ; and any deputy Doputi.n, who shall remain in office during any vacancy occasioned by tho death, resignation or forfeiture of the register, shall bo for the same cause and in like manner liable. XXII. And be it enacted. That from and after the passing sccrotary of of this act, the Secretary of tho Province shall bo authorised, to provide ., • ^ n 1 • reglntorbook and IS hereby reqmred to provide a nt and proper register for each book for each township, reputed township, city and town, the *«• limits whereof are now defined by law in Upper Canada, and that all such register books shall continue to be hereafter of one uniform size or nearly so, and from the time such books shall be so provided and received at the respective registry offices, it shall be the duty of every person who shall hold or execute the said office of register, to keep and cause to be used for that purpose a separate register book of or for each township, and reputed township, and of and for every city and town, the limits whereof shall bo defined by law within the county or riding for which they shall hold such office or appointment of register ; and that thereafter when- over any such register shall require a new register book, the same shall in like manner be provided by the Secretary of tho Province for the time being, -ind tho necessary expense incurred thereby, from time to time, shall be defrayed by the district council of the district in which such respective counties shall be situate. I ' I: : ■•: i 80 BEQISTRY LAWS. ^ages or judgments may be discharged. 9 Vic, eh. 34- XXIIl. And be it enacted, That wlien any registered tered mort- judgiucnt Or mortgage is satisfied, it shall and may be lawful for the register or his deputy, on receiving a certificate in the form in the schedule to this act marked A., in respect to mortgages, duly proved by the oath of a subscribing witness, in the same manner as hereinbefore provided for the proof of deeds and other instruments affecting lands, from the person entitled to the amount of such mortgage, or the attorney of such person, and in case of judgments on receiv- ing a satisfaction piece under the seal of the court in which such judgment is entered rnd signed by the clerk thereof, to write the word " discharged," and afiix his name in the margin of the register wherein the said judgment or mort- gage is registered, which shall be deemed a discharge thereof; and such certificate or satisfaction piece shall be filed and numbered and entered on the margin of the register under the word "discharged." I / n: ■l: ■' ii: I nil 1 1 1 i ri ■ i] ) I j i i i » i 1 1 'i i i ^ , 1 ,- id \' I 1 effectual in certain cases. Ce?Hflcateof XXIV. Providcd always, and be it enacted, That any TOn"tion°o^f certificate of payment or performance of the condition of ^("vaHd'and ^^7 Hiortgagc by the mortgagee, his heirs, executors, admin- istrators or assigns, heretofore given and registered under the provisions of the act herein first above cited and repealed, or which having been given under the provisions of the said act may be registered under this act, or which may be here- after given and registered under the provisions of this act, whether the same shall have been given or shall hereafter be given either before or after the time limited by such mortgage for payment or performance as aforesaid, shall be and the same is hereby declared to be valid and aflfectual in law as a release of such mortgage, and as a reconveyance of the original estate of the mortgagor therein mentioned. The proviso to section XXIV. was repealed by 10 & 11 Vic, ch. 15, sec. 2. Registem to take an otvth of office. XXV. And be it enacted, That every such register, before he enters upon the execution of the said office, shall REGISTRY LAWS. 81 te sworn before any two or more of the justices of the peace °^*'''''*'-^- for the district wherein such register shall reside, who are hereby empowered and required to administer such oath, in these words : " You swear that you will well, truly, and faithfully per- The o»th. form and execute the office and duty that is directed and required by any act of the Legislature of this Province, in registering deeds, memorials of deeds, conveyances and wills within the county of so long as you shall continue in the said office, and that you have not given or promised, directly nor indirectly, nor authorised any person to give any money, gratuity or reward whatso- ever, for procuring or obtaining the said office for you : So help you God." XXVI. And be it enacted, That when and so often as the Deputies to said register shall appoint any deputy to execute the said ^e swom. office, such deputy shall, before he enters upon the execution thereof, take the said oath appointed to be taken by the register, before two or more justices of the peace for the district wherein he may be, (who are hereby empowered and required to administer such oath) ; and that every register, at the time of his being sworn into the said office, shall also enter into a recognizance with two or more sufficient sureties, to be approved of by three or more of the justices of the peace of the district, by writing under their hands and seals, in the penalty of one thousand pounds, unto her Majesty, her heirs and successors, to be taken by the same justices of the peace that approved of his security, conditioned for the true and faithful performance of his duty in the execution of his said office, in all things directed and required by this act, the same to be transmitted by the said justice of the peace, within six months after the date thereof, into the court of Iler Majesty's Bench in Upper Canada, there to remain amongst the records of the said court. « ^ , ,. O No deed, Ac, need be regis- XXVII. And be it enacted, That the register or hisj^^l^"^*" deputy shall not be compelled to register any deed, convey- p^^° ^ 11 I ! lU 1; H I' (I ti 1!' 82 REGISTEY LAWS. Vic. ch. 34. ance, will, or other instrument, unless the fees authorised by th's act shall be previously paid thereon. Sfd"ntll! XXVIII. Provided nevertheless, and be it enacted. That ^c., of regis. y^-^Q^ jj^j^y j.ggigter shall die or surrender his office, and that, within the space of one year from and after such death or surrender, no misbehaviour appears to have been committed by such register in the execution of his office, then and in such case, at the end of the said one year after his death or surrender, the recognizance entered into by him shall become void and of no effect to all intents and purposes whatever. Seal of a cov- porntion to be suffieient eviilence to justify the rcgli'tration of their deed. XXIX. And be it enacted, That the seal of any corpora- tion affixed to any deed, conveyance, memorial or instrument in writing, shall of itself be sufficient evidence of the due execution of such deed, conveyance, memorial or instru- ment in writing, by such corporation, for all purposes respecting the registering thereof, and no further evidence or verification of such execution shall be required for the purpose of registry ; any law or custom now in force to the contrary notwithstanding. Governor XXX. And be it enacted, That whenever it shall appear may remoTe ' i^r offlceln a"^^ to the Satisfaction of the governor of this province, that the thecWet" rcgistcr's office in any county is situated inconveniently for town. ^YiQ public, it shall be lawful for him by proclamation, to order the said office to be removed to such other place in the county as ho shall deem expedient. Preamble. XXXI. And whercas it is desirable that registers should be enabled to afford purchasers and other persons making acarches, information respecting the original grantee of each lot, piece, parcel or tract of land within their respective county or counties, together with the local situation of the surreyorOe-same ! Be it therefore enacted. That it shall be the duty of »i"ral to fur- i • o i • i ^ '.^g'*- the officer or person performing the duties formerly assigned tern ^nf'rmation ^^ *^® Survcyor-Gcneral of the province, to furnish each register with a list of names of all persons in whose favour REGISTRY LAWS. 83 )uld :ing [ach Itivc the of Incd lach lour patents may be heretofore issued from the crown for grants ® ^''''•''=''- '^• of land within their respective county or counties, or which may from time to time hereafter issue, and also with copies aiso certain of all plans or maps of towns and townships within the same, ™''^*" within twelve calendar months after any register shall in writing make an application to the said officer or person per- forming such duties as aforesaid for the same. XXXII. And be it enacted, That where any portion of a^^tJ^^when county is separated or set apart so as to form another county, bounty is^set or a part thereof, it shall be the duty of the register of the fonn'anoTher first mentioned county, to furnish a statement of the regis- '^°"°'^* tration of such titles as may have been registered, of lands lying in the part so separated, to the registers of the new county and of the county of which it shall form a part, setting forth the dates of the deeds and the particulars of the lots or parcels of lands to which they respectively relate or refer. XXXIII. And be it enacted. That any person, corpora- company, tion or company of persons, who have heretofore or shall subdivide hereafter survey and subdivide any land into town or village to town lots, . . a plan or lots, differing from the manner in which such lands were map of such 1 M 1 111 '"'"^ ""''y ^ described as granted uv the crown, it shall and may be i^dueu in ° » ' •^ registry ol- lawful for such person, corporation or wrmpany, to lodge fi<=e- with the register of the county a plan or map of such town or village lots, shewing the numbers and ranges of such lots, and the names, sites and boundaries of the streets or lanes by which such lots may be in -^vLole or in part bounded, together with a declaration to be signed by such person, or by the lawful officer, agent or attorney of such corporation or company, that the said plan contains a true description of the lots and streets laid out and appropriated by such person, corporation or company, and thenceforth it shall be lawful for the register to keep an index of the land described on such map or plan as a town or village, or part of a town or village, by the name by which such person, corporation or company shall designate the same. iif 1 i REGISTRY LAWS. 9 Vic, ch. 34. XXXIV. And be it enacted, That for and notwithstand- Certain , • i i i counties may mg anv thing in this act contained, it shall not be necessary be united for *=> -^ o ' _ ^ "^ Jhe purp^o^a to appoint a register for each of the following counties, namely : Lennox, Addington, Prescott, Russell, Lincoln and Welland ; but for the purposes of registration of titles under this act, it shall and may be lawful to appoint one register for the counties of Lennox and Addington, one for the counties of Prescott and Russell, and one for the counties of Lincoln and Welland : Provided always, that in the event of a vacancy in the office of register of either of the said united counties, it may be lawful for the Governor-General in his discretion to divide the said counties in which any such vacancy may happen, and to appoint a register for each county respectively. XXXV. And be it enacted. That the words, " Upper Canada," throughout this act, shall be always construed to extend to and mean that portion of this province which formerly constituted the Province of Upper Canada ; and that this act shall not apply to that portion of this province formerl}* - onstituting the Province of Lower Canada in any way whatsoever, and the words, " Governor of the Province," shall include the Lieutenant-Governor or person administer- the government of this province. Interpreta- tion clause. t-9- ff SCHE DULE A. Above referred to. To the Register of the County. I, A. B., of do certify that C. D., of hath satisfied all money due upon a certain mortgage made by the said C. D. to me, bearing date the day of one thou- sand eight hundred and and registered at f REGISTRY LAWS. 85 of the clock in the forenooon of the day oP'^^"''''^-^- following, and that such mortgage is therefore discharged. As witness my hand, this E. F., of G. H., of day of 18 (Signed) A. B. >• Witnesses. '1 III >• .i: 10 & 11 VIC, CHAP. 16. " yIh Act to explain and amend an Act passed in the ninth year of .Her Majesty's Reign, intituled, ''An Act to consoli- date and amend the Registry Laws of that part of this Province which was formerly Upper Canada.' " [Passed 28th July, 1847.] I. Whereas the wording of the first part of the twenty-fourth rreamwe. section of an act passed in the ninth year of Her Majesty's reign, intituled, "An Act to consolidate and amend the Registry Laws of that part of this Province which was for- merly Upper Canada," is such as to have caused doubts to ^°JJ^j'* '®g,.. arise as to whether there is not a clerical error in the said^'^^j^^^g^' part of the Haid section consisting of the substitution of the ^****'^' word "mortgagee" for the word "mortgagor," and whereas there is in reality no such elf .leal error, but the converse error does occur in the last line of the proviso at the end of the said section, in which the word "mortgagor" has been substituted for "mortgagee," and it is expedient to remove such doubts and correct such error : Be it therefore declared and enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, con- stituted and assembled by virtue of and undei the authority of an act passed in the Parliament of the United Kingdom of Great -Britain and Ireland, and intituled, "An Act for re-uniting the Provinces of Upper and Lower Canada, and for the Government of Canada," and it is hereby declared r„ ti 1.5 II i I i 1 il n i!i it 86 REGISTRY LAWS. Ih.w]^ ^'''" ^^^ enacted by the authority of the same, That the said sec- what ccrtifl- tion of the said act was intended to refer and does refer to cate is in- first """a^t* of '^^y certificate by the mortgagee, his heirs, executors, admi- *^^^^^°''i»8nistrators or assigns, of payment or performance of the condi- tion of any mortgage, given or registered as therein mentioned. fhe^lnd of ^^' ^^^ ^^ '^^ enacted, That the said proviso at the end of ^pearcd/^"" the said twenty-fourth section of the said act, shall be and the same is hereby repealed ; and it is hereby declared and provided that such certificate as is mentioned in the said section and in this act, if given after the expiration of the period within which the mortgagor had a right in equity to True effect of redeem, shall have had and shall have the effect of defeating cater;u.> any title remainmg vested in the mortgagee, or Ins heirs, executors, administrators or assigns, but shall not have had nor shall have the effect of defeating any other title what- soever. m\i\ de:^ir(.d Original owners or tiieir heirs, 4c., to de- poijit plans of towns, villages &c., laid out by them. U. C. Plan to be certified. 12 VIC, CHAP. 35. " An Act to repeal certain Acts therein mentioned, and to make better provision respecting the admission of Land Surveyors and the Swvey of Lands in this Province.'' [Passed 30th May, 1849.] XLII. And be it enacted, Tjat the original owner or owners of the lands forming the site of any town or village in Upper Canada, mentioned in the next preceding section of this act, or the ar rmt or agents, heirs or other legal repre- sentatives of the original owner or owners of any such town or village, or any original division thereof, shall, within one year from and after the passing of this act, make or cause to be made and deposited in the registry office of the county wherein such town or village is situate, a fair and correct plan or map of such town or village, or original division thereof, on a scale not less than an inch to every four chains , - ;ii It! REGISTRY LAWS. 87 and lay down thereon, or cause to be laid down thereon, all ^^ ^'**^' "• '"• roads, streets, lots and commons within the same, with the courses and width of the roads, streets and commons, and tho width and length of all lots, and the courses of all division- lines between the respective lots within the same, together with such information as shall show the lot or lots, conces- sion or concessions, tract or tracts, block or blocks of land of the township wherein such town or village shall be situate, and every such plan or map of every such town or village or original division thereof, shall be certified by some land surveyor, and also by the original owner or owners thereof, or the legal representative or representatives of such owner or owners, as being a correct plan or map of the same ; and every copy of such plan or map obtained from such registry office, and certified as correct by the register of such county, shall be taken as evidence of the original plan and survey of such town or village in all courts of record ; and if any such owner or owners of any such town or village, or any original division thereof, or their agents, heirs, or other ^^^^^^^ ^^^ legal representatives, shall refuse or neglect to make or cause "«si"t- to be made, any such plan or map of any ^uch town or village, or original division thereof, and deposit the same in a registry ofiice of the county wherein the same is situate. within one year from and after tho passing of this act, he, she, or they shall forfeit and p".y ^^^r such refusal or neglect, the sum of two pounds ten shillings, and a like sum for every year thereafter until such plan or map shall bo made and deposited in the registry office of the county wherein the same is situate; and the payment of any such penalty orpavmentof penalties shall not be held to free or discharge such owner or owners, their agents, hei.'s or other legal representatives, from any such penalties whicii may not have been paid at the„ >> ^ ^ A Recorery time of such payment; and all such penalties, fines and ^.'^'i "pp'^*^*- forfeitures may and shall be collected in the same manner t^Mities. and applied to the same purposes as like penalties, fines and fofeitures are required to be collected and applied under and by authority of the sixth and seventh sections of the act I i^ ||l.'i:"*uiv.fi';'_,- T 88 REGISTRY LAWS. : I ' |i < 1 12 vk, 0.35. passed in the eighth year of Her Majesty's reign, and inti- tuled, " An Act to declare certain Lands in Upper Canada liable to Assessment, and to oblige the owners of such Lands to make Returns thereof to the District Treasurer." fegister'n' XLIII. And be it enacted, That whenever any such plan Tny suri?"" or map of any such town or village, in Upper Canada, or Udepogitod. original division thereof, shall be mado and deposited in the registry office of the county wherein the same shall bo situ- ate, it shall be the duty of the register of such county to make a record of the same, and enter the day and year on which the same shall be deposited in his office ; and for such service the said register shall be entitled to charge the same fees, and no more, than are by law established for making a record of any other document, which is by law required to be entered of record in such office ; and such register shall thereupon keep a separate book for the registering of title deeds of lands situate in such .town or village, in the same manner as is by law required for regis- tering of title deeds for lands situate in townships. Evidence XLVII. And be it enacted, That all evidence to be taken BurveyoM ia by any surveyor as aforesaid, in Upper Canada, shall be reduced to rcduccd to Writing, and shall be read ,ovor to the person sigaedf 5.^. giving the same and signed by such person, or if he cannot write, he shall acknowledge the same as correct before two witnesses, who shall sign the same with the surveyor ; and such evidence shall, and any document or plan prepared and sworn to as correct before a justice of the peace, by any surveyor, with reference to any survey by him performed, may be filed and kept in the registry office of the county in which the lands to which it relates shall be situate, subject to be produced thereafter in evidence in any court of law or equity within Upper Canada ; and for receiving and llling the same, the register shall be entitled to one shilling and three pence currency ; and the expense of filing the same shall be borne by the parties in the same manner as other expenses of the survey. ' REGISTRY LAWS. 89 12 VIC, CHAP. 71, " -Aw Act to aimplify the transfer of Real Properti/ in Upper Canada, and to render certain riijlitn and. interests therein liable under execution-'^ [rassed 30tli May, 1849.] XIII. And be it enacted, That any estate, right, title or i'),",^ ^Jj"""' interest in lands which, under the provisions of the fifth "o\'.o^,^y*J,^i* flection of tliia act, might be validly conveyed or assigned bya"uo "!'" any party, filiall be bound by the judgments of any court ofjlngTm't?! record, and shall be liable to seizure and sale undi^r any writ Kxecution. of execution against such party, in like manner and on like conditions as lands of such party are now by law liable to seizure and sale under execution, and the sheriff selling the same may convey and assign the sam^e to the purchaser in like manner and with like effect as such party might himself have done. ill ! ; 1 I 12 VIC, CHAP. 73. '''' An Act to provide for the Sale under Executions, of the interest of Mortgagors in Real Estate in Upper Canada." [Passed 30th Muy, 1849.] Whereas it is expedient to provide by law, that the interest Preamble. of mortgagors and their equity of redemption in real estate, may be sold upon executions against lands and tenements in Upper Canada : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, "An Act to ro-unito the Provinces of Upper and Lower Canada, ami for tlio Government of Canada," and it is hereby enacted by the authority of the Tha intorui Bnme, Tliat from inid atter the passing of tins act, it sliall pcny inajf ' * "^ be taUnn in and may be lawful, upon any writ oi fieri fimnii lawfully«»wt>M"i' . i!» I > 3i ! 3 I: 4 , lU ! 1 i)0 REOTSTRY LAW;?. i2vie.,c. 73.iggi|(jf| against the lands and toncnicnts in Upper Canada of an}' person or })erson.s avIio, or any of Avlioni, ni;iy bo a mort- gagor of real esta • in the district, to the slierilV or other officer of wiiich nnch writ is directed, to seize O! lake in execution, sell and convoy, (in like manner aB any oihur real estate might he seized or taken in execution, sold and con- voyed,) all the legal and equitable estate, right, title, interest and property, and the etjuity of redemption of such mort- gagor in any lands and tenements in such district. Effect of MiTiiiro and of (ho snle and convey- ance to be madu nnder It by the alioriff: obli- gations of the pur- chaier, Ac. Hightdofthe purchaser. II. And be it enacted, That the eft'ect of such seizure or takinj; in execution, sale and convevance, shall be to transfer to and vest in the purcliaser or purchasers, and the heirs and assigns of such purchaser or purchasers, all the legal and equitable estate, right, title, interest and property, and the equity of redemption of such mortgagor, in the land-* or tenements so sei/X'd or taken in execution, sold and conveyed at the time of placing audi writ in the hands of the sherifl'or other officer to whom the same is directed, as avoU as at the time of such sale, and to give to and vest in such purchaser or purchaser^!, and the heirs and assigns of such purchaser or purch iPi.}'?, the same advantages, benefits, rights, privi- leges and powrs as such mortgagor could or Avould have had, enjoyed or exercised if such sale had not taken place ; and that such purchaser or purchasers of the interest of such mortgagor, or the heirs or assigns of such purchaser or pur- chasers may pay, remove or satisfy, or cause or procure to be paid, removed or satisfied any mortgage or mortgages, charge or charges, or lien or liens, which at the time of such sale lawfully or equitably eAi^ted upon the lands or tene- ments so sold, in like manner as such mortgagor or mortga- gors against whom such writ of fieri facias was issued, might or could pay, remove or satisfy such mortgage or mortgages, charge or charges, or lien or liens ; and that upon such payment, removal and satisfaction thereof being effected by such purchaser or purchasers, or the heirs or assigns of such purchaser or purchasers, such purchaser or REGISTllY LAWS. 91 i had, ; uTid such r pur- tobe 1 that being airs or ser or purchase! s and the heirs and aasij^ns of such purchaser or ^'^'"••''•'" purchasers, shall take, liave, hold, possess and enjoy the same estate, ri;,'ht, title, interest, property, benefit and advanta■ Witnesses. G. H. of IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I lii|28 12.5 |5o ■^~ MBH ■^ K^ |2.2 iM 12.0 1.25 lMlii4 Photographic Sdences Corporation 23 WIST MAIN STRHT WnSTIR.N.Y. 14580 (716) •72-4503 ^V^ vv V REGISTRr LAWS. Preamble. ActofU. C. 9 060.4, c. 2, Act of Canada, 8 Vic, c. 15, ' , , 12 VIC, CHAP. 91. " An Act to amend certain Acts for the Relief of Reli- gious Societies." [PasBed 30th May, 1849.] Whereas it is expedient to extend the time for the registry of deeds heretofore executed under the provisions of the act of the parliament of Upper Canada, passed in the ninth year of the reign of King George the Fourth, intituled " An Act for the Relief of the Religious Societies therein mentioned," and by the act of the Province of Canada, passed in the eighth year of Her Majesty's reign, and intituled " An Act to extend the provisions of two certain Acts of the Parlia- ment of the Province of Upper Canada to other denomina- tions of Christians than those therein enumerated," but which the trustees have neglected to register : Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, " An Act to re-unite the Provinces of Upper and Lower Canada, an ^ for the Govern- ment of Canada," and it is hereby enacted by the authority of the same, That all deeds heretofore executed for any of forregistra- the uscs, iutercsts or purposes of either of the said acts shall be as valid and eftectual, if the same be registered within twelve months after the passing of this act, as if they had been registered within the time limited by either of the before in part recited acts, except in so far as they may be affected by the prior registration of other deeds or instruments relating to the same lands. II. And whereas under the said acts divers religions socie- ties or congregations have by their trustees acquired lands which from circumstances have become inappropriate to the purposes for which they were acquired, and it would be for the advantage of such societies or congregations that their Further Exception. Recital. REGJSTRY LAWS. 93 trustees should be enabled to dispose of any such lands and acquire others better adapted for their purposes : Be it therefore e acted, That it shall and may be lawful for the ^"""y ^'nate trustees for the time being, for each of the religious societies the^^vln"' or congregations to which the said acts are applicable, andMngreRa-' the said trustees of each respective society or congregation with The con- are, as such trustees, hereby authorised from time to time, congrega- upon the express consent of the conference, synod or body having the direction of the temporal affairs of such societies or congregations respectively, first had therefor, by deed under their hand and seal of office, (which seal each body of trustees is hereby empowered to have and make, and from time to time to alter,) to lease, mortgage, sell and convey or exchange such of the lands and tenements held or to be held by any of the said respective trustees, in such portions and in such manner as from time to time may be deemed by the trustees thereof necessary and useful for the purposes con- nected with the particular trust, subject nevertheless to the consent of such conference, synod or body as aforesaid : and ^eceipts^of^* the receipt of the trustees for the purchase money, in any the^purchMo such deed mentioned, shall be an absolute discharge to the '^°^^^' purchaser, who shall be in no way bound to see to the appli- cation of the same, or of any part thereof : Provided always, appucatfon*" that the moneys arising from the sale or mortgage of any moMy.''"* such lands which shall have been acquired by the trustees by deed of sale or mortgage shall be applied by the trustees to the purchase of other lands to be held by them for like pur- poses and trusts, or to the improvement of the same or other lands held by them upon the trusts : And provided la'nds^gi^en** also, that no lands acquired by the trustees by free gift p°urpoMs. for special purposes shall be sold by the trustees without the consent of the grantor or of those who legally represent the grantor. : m r !■ ' i i n fc': i < i I 91 REQISTRT LAWS. '■\ w Preamblo. 13 & 14 VIC, CHAP. 63. **An Act to Amend the Begutry Law of Canada West." [Passed 10th August, 1850.] Whereas by an act passed in the ninth year of Her Majes- ^jVic.,ch.34.ty'8 reign, intituled, "An Act to consolidate and amend the Registry Laws of that part of this Province which was formerly Upper Canada," provision was made for the regis- tration of judgments entered up in any suit or action, in any court of record in Upper Canada, and it was therein enacted. That every such judgment shall aflFcct and bind all the lands, tenements and hereditaments belonging to the party against whom such judgment is rendered, from the date of the recording of the same in the county wherein such lands, tenements or hereditaments lie, in like manner as the docket- ing of judgments in England affects and binds lands : and whereas at the time of the passing of the aforesaid act, the practice of docketing judgments had been discontinued in England, and whereas doubts have in consequence been entertained as to the effect of the aforesaid provision : be it ^ralmx' act ^^^^^'^^"^^^ cnactcd, &c.. That any judgment hereafter duly declared, certified and registered as in the said act provided, shall affect and bmd the lands, tenements, and hereditaments therein specified, in like manner as a judgment of any of Her Majesty's superior Courts at Westminster n duly docketted would have bound lands before the ^ tice of docketting judgments had been discontinued in England : Proviso. Provided that nothing in this section conucined shall be con- strued as declaratory of the meaning of the said act ; and provided also, that whenever any judgment shall have been registered before the passing of this act, the party in whose favour the same shall have been rendered, may require the register of any county to mark on the margin of such registry, and sign the same, registered this day of A. D. eighteen and such entry of registry shall have the same efieci from such date as if it had been registered under this section. ProTlso. REaiSTRY LAWS. 95 II. And be it enacted, That a judgment to be entered upJ^*J*"^'<''» against any person in any court of record in Upper Canada, how rcgii- after the first day of January, or.e thousand eight hundred ments shaii T „„ , „ , affect land^ and nity-one, shall operate as a charge, po soon as a certifi-*". cate of such judgment shall have been duly registered, upon all lands, tenements and hereditaments situate within the county where such certificate shall have been registered aa aforesaid, of or to which such person shall at the time of registering such judgment, or at any time afterwards, be seised, possessed or entitled, for any estate or interest what- ever at law or in equity, whether in possession, reversion, remainder or expectancy, or over which such person shall at the time of registering such judgment, or at any time after- wards have any disposing power, which he might without the assent of any other person exercise for his own benefit, and shall be binding against the person against whom judgment shall be so entered up and registered, and against all persons claiming under him after such judgment and registry, and shall also be binding as against the issue of his body, and all other persons whom he might without the assent of any other person cut off and debar from any remainder, reversion or any other interest, ii. or out of the said lands, tenements or hereditaments ; and that every judgment-creditor shall have Remedies of such and the same remedies in a court of equity against the ireduor? hereditaments so charged by virtue of this act or any part thereof, as he would be entitled to in case the person against whom such judgment shall have been so entered up and registered had power to charge the same hereditaments, and had by writing under his hand agreed to charge the same with the amount of such judgment-debt and interest ; and all such judgments shall be claimed and taken to be valid and efiectual according to the priority of registering such certifi- cates : Provided nevertheless, that nothing herein contained p«>''8o as to ° . notice. shall be deemed or taken to alter or afi"ect any doctrine of courts of equity whereby protection is given to purchasers for valuable consideration without notice. i\ REGISTRY LAWS. I, ]3tnvio., ch,63. All decilfi, devigefi, Ac, executed after Ist January, 1851, must be regis- tered. Proviso. III. And bo it enacted, That after any grant from the Crown of any lands in Upper Canada, the deed patent thereof issued, every deed, devise, or other conveyance Avhich shall be executed at any time after the first day of January, one thousand eight hundred and fifty-one, whereby any lands, tenements or hereditaments in Upper Canada maybe in any- wise affected in law or equity, shall be adjudged fraudulent and void, not only against any subsequent purchaser or mortgagee for valuable consideration, but also against a sub- sequent judgment-creditor, who shall have registered a certi- ficate of his judgment, unless such memorial be registered as by the said first recited act is specified before the registering of the memorial of the deed, devise, or conveyance, or the certificate of the judgment, under which such subsequent purchaser, mortgagee or judgment creditor respectively shall claim, subject nevertheless, as to devisees, to the provisions contained in the twelfth section thereof : Provided always, that nothing herein contained shall be construed to afiect the rights of equitable mortgagees as now recognised in the Court of Chancery in this Province. Deeds, &c., to ly. And whereas the doctrine of tacking has been found take priority ^ ... , . to"°d te of° *^ ^® productive of injustice, and requires correction : be it registry, enactcd. That every deed and conveyance executed after the first day of January, one-thousand eight hundred and fifty- one, a memorial whereof shall be duly registered, and every judgment recovered after the date last aforesaid, a certi- ficate whereof shall be duly registered, shall be deemed and taken as good and efi'ectual both in law and in equity according to the priority of the time of registering such memorial or certificate ; and when no memorial of such deed or conveyance shall have been duly registered, then such deeds or conveyances shall be deemed and taken to be valid and effectual, both at law and in equity, according to the priority of time of execution. ^ivTaffi- V. And be it enacted, That it shall be lawful for the chief the'saidMt 'justices and judges of the court of Queen's Bench and of the ki^anada gupgj.JQj, CouTt in Lowcr Canada, and for the circuit judges And if not registered. REQISTRY LAWS. 97 in that section of the province, and for the commissioner8\'^*g'3*^'" ' appointed by the Superior Courts of Record in Upper Canada, for taking affidavits in Lower Canada, and they are hereby severally required to administer the affidavit or declaration in writing mentioned and referred to in the-tenth section of the said first recited act, of the due execution of any deed, conveyance or will, or of any certificate of payment of mortgage money, executed, published or made in Lower Canada. VI. And whereas by the fourteenth section of the said act it I vio!*ch' 34, it is enacted. That whenever any lands have been or shall be "*"****' sold under deed of bargain and sale, and such deed hath been only registered or shall hereafter be recorded in the registry office of the county where such lands lie, the same shall be, and is hereby declared to be, as good and valid a conveyance in law as if the same had been regularly enrolled ; and whereas the effect of such clause may be to render doubtful the meaning of the forty-seventh section of tho Act of the par- liament of the late Province of Upper Canada, passed in the fourth year of the reign of his late Majesty King William the Fourth, chapter one, and intituled, " An Act to amend the Law respecting Real Property, and to render the proceedings for recovering possession thereof in certain cases less difficult and expensive," by which it is enacted, that a deed of bargain and sale of land shall not be held to require enrolment, or to require registration to supply the place of enrolment for the mere purpose of rendering such bargain and sale valid and effectual conveyance for passing the land thereby intended ^uJn* to be bargained and sold : be it therefore enacted, That the '****'**'• said fourteenth section of the said first mentioned act shall be and the same is hereby repealed. «; VII. And be it enacted. That the registry, or registry of certificate of any certificate of judgment as hereinbefore mentioned, shall may^^ngia. be deemed and taken to be a registry of such judgment for the purposes of this act. 13 I m i 98 REGISTRY LAWS. 13 A 14 Tie., eb. 63. Separate book for VIII. And be it enacted, That the registry of any deed, conveyance, will or judgment under the first recited act, or S'menta. *'"^ "'°*» affccting any lands or tenements, shall in equity constitute notice of such deed, conveyance, will or judgment, to all persons claiming any interest in such lands or tene- ments subsequent to such registry. Registry to be dHL-med notice. IX. And be it enacted, That the register of every county in Upper Canada, shall, after the passing of this act, enter in a separate book to be kept for that purpose, the certificates of all judgments brought to him for registration, and prepare an alphabetical index thereto. r! i J! 14 & 16 VIC, CHAP. 5. " An Act to make certain Alterations in the Territorial Divisions of Upper Canada." , [Passed 2nd August, 1851.] ' XVII. And whereas by the thirty-second clause of an Act passed in the ninth year of Her Majesty's reign, intituled, "An Act to consolidate and amend the Registry Laws of that part of this Province which was formerly Upper Canada," the registers of existing counties are required to furnish certain statements of the registration of such titles as may have been registered of lands lying in the part so separated, to the registers of new counties, but no provision has been made for defraying the expenses of furnishing such statement ; i'ters ftir^**^ be it onacted, that every register furnishing such statements shall be entitled to receive from, and be paid by the new county, the sum of sixpence for every folio of one hundred words contained in any such statement so furnished. niibing ■t«tem«nta. i .ii',f REQISTRY LAWS. 99 14 & 15 VIC, CHAP. 7. ^ I " An Act to amend an Act passed in the twelfth year of Her Majesty's reign, intituled an Act to simplify the transfer of real property in Upper Canada, and to render certain rights and interests therein liable under execution." [Passed 2n(l August, 1851.] V. And be it enacted, That a contingent, an executory, f*,'^*/"^*" and a future interest and a possibility coupled with an ^"J"*^" j,. interest in any tenements or hereditaments of any tenure, JJJ^* °' *"' ■whether the object of the gift or limitation of such interest or possibility be or be not ascertained, also a right of entry, whether immediate or future, and whether vested or con- tingent into or upon any tenements or hereditaments of any tenure, may be disposed of by deed, but that no such dis- position shall by force only of this act defeat or enlarge an estate tail, and that any such disposition by a married woman shall be made conformably to the provisions of any act in force at the time of such disposition for enabling married women to convey their real estate, i VIII. And be it enacted, That when any person entitled ^^^^ *' to any freehold or leasehold land by way of mortgage, has «nj|"tf«KM. or shall have departed this life, and his executor or adminis-Jj^/^lJ"*^ *" trator is or shall be entitled to the money secured by the ni"c'i!?",'jn* mortgage, or shall have assented to a bequest thereof, or"**** shall have assigned the mortgage debt, such executor or administrator ^hall have power, on payment of th principal money and interest due on the said mortgage, or it t'se mort- gage money shall have been paid to the testator or intestate in his lifetime, to convey, release and discharge the said mortgage debt and the legal estate in the land ; and such executor or administrator shall have the same power as to any portion of the lands, on payment of some part of the - mortgage debt, or on any arrangement for exonerating the whole or any part of the mortgaged lands without payment of money, and such conveyance, release, or discharge shall be as effectual as if the same had been made by any person having the legal estate. r 100 REQISTRY LAWS. 14 A 10 Vic, Oh. 7. IX. And bo it enacted, That the thirteenth section of the Jiwlo'Lt' '****^ recited act shall extend and bo applied to any estate, DxUudwl. right or title or interest in lands which may be disposed of by deed under the fifth section of this act. Preamble. InKtrumeBts creating dHbts to the Crown not to bit valid agaiuRt Pub- Sfquent pur- ctianer*. Ac, unlePii regls- terel bi'foro the de«Hl8 of such pur- chaaerv, &c. 14 & 15 VIC, CHAP. 9. " An Act to compel the Megiatration of Deeds and Inatru- ments creating Debts to the Crown." [Passed 2nd August, 1851.] Whereas it is desirable that all deeds and instruments under seal or of record, whereby any debt, duty or obligation has been or may be created to Her Majesty the Queen, or her successors, shall be registered in manner hereafter men- tioned, in order to bind the lands of the parties executing the same or affected thereby : be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Legislative Council of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an act passed in the parliament of the United Kingdom of Great Britain and Ireland, and intituled an '' Act to re-unite the provinces of Upper and Lower Canada, and for the government of Canada," and it is hereby enacted by the authority of the same. That from and after the pass- ing of this act, no deed, bond, contract, or other instrument whatever, under seal or of record, whereby any debt, obliga- tion or duty shall be incurred or created to Her Majesty the Queen, or her successors, shall be deemed valid or sufficient to charge or affect any lands or any interest in lands of the person or persons executing the same or affected thereby as against any subsequent purchaser or mortgagee for valuable consideration of the same lands of such person or persons, or against any subsequent registered judgment on the same lands against such person or persons, unless a copy of such REOISiAY LAWS. 101 deed, bond, contract or other instrument, certified by the JJ^** ^'''" proper officer having the custody of the same, shall be registered in the office of the clerk of the Court of Queen's Bench in Toronto, before the execution of the deed, convey- ance or agreement of such subsequent purchaser or mortgagee, or the registry of such subsequent judgment. II. And be it enacted, That it shall bo the duty of the sufh iwtru. ' •' mvDtM to b* said clerk of the Court of Queen's Bench, and he is hereby J^'I'^J^'" required upon the production to him of a copy of any such '^''• deed, bond, contract, or other instrument as aforesaid, certified by the proper officer, having the custody of the same, to enter and register the same in a book to be kept by him for that purpose, and from and after such registry all the lands of the person or persons executing such deed, bond, contract, or other instrument, shall be bound and charged thereby. III. And be it enacted. That it shall be lawful for the ooTemor in Governor in Council, if he shall think fit, to order that all or "leM" »•«»«>■ , bound by any lands bound by such deed, bond, contract or other instru- JJJJ'^J"*™' ment, shall be released from the charge created thereby, and upon the production of such order, certified by the president or clerk of the Executive Council, it shall be the duty of the said clerk of the said Court of Queen's Bench, to enter and register the same in the said book as a release of such lands as shall be mentioned in such order, and upon the same being so entered and registered such lands shall be released accordingly. IV. And be it enacted. That the said clerk of the said F«« *» ^a^ Court of Queen's Bench shall be entitled to demand and . receive from the person producing the same for registry, the sum of five shillings for the registry of any such deed, bond, contract, or other instrument or release, to be paid to the fee fund in the same manner as other fees are paid to the said fund, 102 REOISTRT LAWS. 14 * IS vie., eh. U. V. And bo it enacted, That all such deeds, bonds, contracts or other instruments tnado before the passing of this act to Such inMrii- Her Majesty, or her predecessors, of the nature mentioned b.-f.)rc. tho in the first section of this act, shall be recistered in the man- Ihuiicttoboncr in the second section mentioned within one year from the passing of this act, or in default threof, any lands or interest in hinds of the person or persons who shall have executed the same shall bo freed and discharged therefrom as to any subsequent purchaser or mortgagee or registered judgment creditor of such person or persons of tho same lands for valuable consideration. rtthin a cvrtain time Extont of kct. VI. And bo it enacted, That this act shall apply only to Upper Canada. Preamble. 14 & 15 VIC, CHAP. 45. *' An Act for the relief of Mortgagees." [Passed 30th August, 1851.] Whereas it is expedient that relief should be afforded to mortgagees of freehold and leasehold property in certain cases in which they arc not suflSciently protected by law : be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the province of Canada, constituted and assembled by virtue of and under the authority of an act passed in the parliament of the united kingdom of Great Britain and Ireland, and intituled, "An Act to re-unite the Provinces of Upper and Lower Canada, and for tho Government of Canada," and it is hereby enacted by the Mortgnfcce of authority of the same, That it shall and maybe lawful for pro .erty.Ac. any mortgagee of freehold or leasehold property, or any roiense of assignco or assignees of such mortgagee, to take and receive equity ol re- ® » ^ O O ' i""' without ^'^^^ *^6 mortgagor or assignee of such mortgagor, a release SllXbt"^ of the equity of redemption in such property, or to purchase REOISTRT LAWS. 108 the same under any power of sale in his mortgage, or anyj,**^^* ^'^■^ judgment or decree, without thereby merging the mortc;ngo debt as against any subsequent mortgagee or registered judgment creditor of the same property. II. And be it enacted, That whenever any prior mortcaireowhon prior or assignees ot such prior mortgagee of such property as '»'""'■''" «>• aforesaid, shall take a release of the equity of redemption of *^,Jj|'(,,^^ J[^' the mortgagor or his assignee in such mortgaged property as *"o',7'^'"„"* aforesaid, or shall purchase the same under any pov/er of^^'^['J'^^\^^^ sale in his mortgage or any judgment or decree, no subsequent "'^"'""J^y^i'^ mortgagee or his assignee, or registered judgment creditor J^.°J'iug^ J^. shall be entitled to foreclose or sell such property without redeeming or selling subject to such prior mortgagee or his assignee, in the same manner as if such prior mortgagee or his assignee had not taken, received or purchased such equity of redemption of the mortgagor or his assignee. III. And bo it enacted, That nothing in this act contained Priority of ... ""y niort- shall bo construed to affect any priority or claim which any g^«''^"°y" mortgagee or judgment creditor shall or may have or bo *>y *•*'» »«*• entitled to under any act in force relating to the registry of titles to land. 14 & 15 VIC, CHAP. 142. " An Act to incorporate the Benevolent Societies of the Wesley an Methodist Church in Canada." . . . ,. . , . ^ , , [Passed SOtli August, 1851.] V. And be it enacted, That all deeds of any real estate ^<^f *" ^ ' ^ •' _ registered. made and executed by or in favour of the said corporation (except leases for a term not exceeding nine years) shall be duly registered according to law, within twelve calendar months after the making and execution thereof, otherwise the same shall be void and of no effect : Provided always, that ptotIm. 104 REGISTRY LAWS. J^*4^|/'*'' nothing herein contained shall be construed to give any greater effect in other respects to the registration of any such deed, within the said term of twelve months, than is by law given to the registration of any other deed of real estate in Upper Canada. Preamble. 16 VIC, CHAP. 126. " An Act to amend certain Acta for the relief of Religious Societies.'* [Passed 23rd May, 1863.] Whereas it is expedient further to extend the time for the registry of deeds heretofore executed under the provisions of the act of the parliament of Upper Canada, passed in the ninth year of the reign of King George the Fourth, intituled, " An Act for the relief of the Religious Societies therein 9 o. 4, c. 2." motioned," and by the act of the province of Canada, passed ' * ' in the eighth year of Her Majesty's reign, and intituled, " An Act to extend the provisions of two certain Acts of the Parliament of the Province of Upper Canada, to other deno- minations of Christians than those therein enumerated," and the act of the said province, passed in the twelfth year of Her Majesty's reign, intituled, " An Act to amend certain ^^- Acts for the relief of Religious Societies," but which the trustees neglected to register : be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assem- bled by virtue of and under the authority of an act passed in the parliament of the United Kingdom of Great Britain and Ireland, and intituled, " An Act to re-unite the Pro- vinces of Upper and Lower Canada, and for the Government of Canada," and it is hereby enacted by the authority of the the\*^d xists same. That all deeds heretofore executed for any of the uses, wg^tl^** '' interests or purposes of either of the said acts, shall be as t»in time?*'" Valid and effectual, if the same be registered within twelve 12. v. c. Deeds ex- REQISTRY LAWS. 105 months after the passing of this act, as if they had been ^^^'*''*-^^'- registered within the time limited by either of the before recited acts, except in so far as they may be affected by the prior registration of other deeds or instruments relating to the same lands : Provided always, and be it enacted, that in fo'^Jfj^jig" all cases where any person claiming to hold or be entitled to Z^^^ot^si'' any real estate or property included in any such deed, on giq^elice*^?" account of the omission to register the same in due time, r^JRter'iudi shall in virtue of such claim have taken possession of such **"*'*'■ real estate before the passing of this act and have made improvements thereon, and also in all cases where the per- son claiming to hold or to be entitled to such real property on account of such omission as aforesaid, shall have actually sold or departed with, or shall have actually contracted to sell or depart with such real estate before the passing of this act, no person being at that time in adverse possession of the same, the provisions of this act shall not extend to ren- der invalid any right or title to such estate, but such right or title shall be taken and adjudged to be as if this act had not been passed. I \ ^^ m i 16 VIC, CHAP. 159. " An Act to amend the Law for the Sale and the Settlement of the Public Lands." [Passed 14th June, 1853.] VII. It shall be the duty of the Commissioner of Crown Lands for the time being, to keep a book for the entry, at the option of the parties interested, of the particulars of any assignments made as well by the original nominee, purchaser or locatee, as also by any subsequent assignee or assignees, of any such claim on lands heretofore located or hereafter purchased in respect thereof, such assignment or assignments being first produced or exhibited to the commissioner afore- said, together with an afiidavit of the due execution thereof, sworn before any justice of the peace, who is hereby fully 14 CoDimlnsloB. er of CrowB Landfi to kei-p n regif. ter of acfiigii'* mentfi of claims to lands; on what proof en tries «baU be made therein ; their effuet, Ac. 106 . REGISTRY LAWS. ^''^'"'•'*"'- authorised to administer the oath in this behalf, and such affidavit shall truly express the time of the execution of such assignment or assignments, and thereupon it shall be the duty of the said commissioner to cause the material parts of every such assignment to be entered or registered in such book of entry or registry, and to endorse on every such assignment a certificate of such entry or registration ; and every such assignment so entered or registered shall be valid against any one of a previous date or execution, but not then entered or registered ; and in all cases of such assignments . being duly registered, it shall and may be lawful that the ProTiao. patent issue in the name of such assignee or assignees ; Pro- vided always, that in case the subscribing witness or wit- nesses to any such assignment shall be deceased, or shall have left the province, it shall and may be lawful for the said commissioner to register any such assignment upon the production of an affidavit or affidavits- proving the death or absence of such witness or witnesses, and proving also the handwriting of such witness or witnesses. Duties of VIII. The duties imposed upon the Commissioner of CommisHion- tiii t • r> i • cr uDder Crowu Lauds by the precedmg section of this act, for the f?^'»8«ec- registration of assignments of located claims, shall be held to to certain extend to the registration of assignments of claims heretofore located or located hereafter ; and all assignments of such , locations in Lower Canada executed before notaries, or before one notary and two witnesses, shall be deemed suffi- cient, and shall be registered accordingly : Provided always, that all such assignttients shall be unconditional ; Provided also, that all commissioners for taking affidavits in the supe- rior courts of law either in Upper or Lower Canada, shall have the same power and authority for administering oaths in matters relating to the crown, clergy and school lands, as are now exercised by justices of the peace. oo'n™i«'''«>a- XXIV. The Commissioner of Crown Lands shall transmit ™unt^'ri*° ^"^ the month of January in each year to the register of of'SwiJ^very county or registration district and seeretary-trensurer ProTiso. ProTiao. REaiSTBT LAWS. 107 of any municit 'tyin Lower Canada, a list of the clergy "'*^**'' "•"''• and crown |laDf heretofore or hereafter sold, or for which licenses of occupation shall be granted in such county or registration district, and upon which a payment has been made ; which said crown, clergy and school lands shall be liable to the assessed taxes in the townships in which they respectively lie from the date of such license or sale ; and the Commissioner of Crown Lands shall in like manner apprise each register of the cancellation of any license of occupation or patent. i l| Ml 16 VIC, CHAP. 182. " An Act to amend and consolidate the Assessment Laws owners may J. TT /t T > » within one of Upper Canada. year redeem [Passed 14th June, 1853.] ?f't'* i;?'*' L » J bj paying LXIV. And be it enacted. That the owner of any real money and estate which may hereaiter be sold tor non-payment of taxes, thereon, or his heirs, executors, administrators or assigns, may at any time within one year from the day of sale, redeem the estate sold by paying or tendering to the county treasurer, for the use and benefit of such purchaser or his legal repre- sentatives, the sum paid by him, together with ten per cent, thereon, and the said treasurer shall give to the party pay- ing such redemption money, a receipt, stating the sum paid « and the object of payment, and such receipt shall be evidence of the redemption. LXV. And be it enacted. That if the land be not redeemed Aftorpxpira- tion of year within the period hereinbefore allowed for its redemption, aiiow.-d for * 1 /. 1 1 redemption, the sheriflF shall, on the demand of the purchaser, at anyfh'»'fft<> de- ' >■ ' V liver a deed time after the expiration of the said period of one year, andj'f^sn'e^of^^^ on payment of the sum of five shillings to him by such pur- •*'>"«'• chaser, execute and deliver a deed of sale of such land to the purchaser, his heirs and assigns ; and such deed shall state the date and cause of the sale and the price, and shall describe the land by its situation, boundaries and quantity, ! I I 1 1 s| f I 108 REGISTRY LAWS. iavio.,c.i82. jjjjd shall have the effect of vesting the land in the purchaser, his heirs and assigns in fee simple, free and clear of all charges and incumbrances* thereon, except taxes accrued since those for the non-payment whereof it was sold ; and tor'tegi't^*- *^® sheriff shall also give the purchaser a certificate of the **"■ execution of such deed, containing the particulars aforesaid, under his hand and seal, which for the purpose of registra- tion of the deed in the registry office of the proper county shall be deemed a memorial thereof, and the deed shall be registered, and certificate of the registry thereof granted by the register on production to him of the deed and certificate, Feotoregii- g^j^^j without further proof; and the register shall, for the registry and certificate thereof, be entitled to three shillings and six pence, and no more. Reftisterof LXVI. And be it enacted. That the register of every countlu8 to T o tr ri'ff'8''d tSt couJ^ty shall register any sheriff's deed of land sold for taxes foV toxesX^- before the first day of January, one thousand eight hundred '/act of ^^<^ fifty-one, according to the provisions of the act of the fori- under Jl 7^' ^ ^^^ *• parliament of Upper Canada, passed in the sixth year of the reign of His Majesty George the Fourth, and intituled, *' An Act to amend and make permanent a certain Act of the Parliament of this Province passed in the fifty-ninth year of the Reign of His late Majesty King George the Third, intituled, ' An Act to repeal the several Laws now in force relative to levying and collecting Rates and Assess- ments in this Province, and further to provide for the more equal and general assessment of lands and other rateable property throughout this Province,' and to render more effectual the several laws of this Province imposing rates and assessments, by providing under certain restrictions, for the levying such rates and assessments by the sale of a portion of the lands on which the same are charged," notwithstand- peai of'that ing the repeal of the said act by the act passed in the session 14V.C. 60. held in the thirteenth and fourteenth years of Her Majesty's reign, intituled, " An Act to repeal the Acts and provisions of law relative to Assessments and matters connected there- with in Upper Canada." Notwlth standiDi! rc< REGISTRY LAWS. 16 VIC, CHAP. 187. 109 " An Act to amend the Registry Laus of Upper Canada.'' [Passed 14th June, 1853.] Whereas the recent changes in the territorial divisions of ^'•*™*••• Upper Canada, have rendered it necessary to make certain changes in the Registry Laws of that section of the province : be it therefore enacted by the Queen's most excellent Ma- jesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an act passed in the parliament of the United Kingdom of Great Britain and Ireland, and intituled, "An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada," and it is hereby enacted by the authority of the same, That in every case where any ^'*®".*y. city, town, township, reputed township or place, theretofore ^^^J^^^^^JJ making part of any county in Upper Canada, in and for ''u''p''ng*I,'°ha which a separate registry office is or shall be kept, has been ^ei°''yn**to or shall be detached from such county and attached to or ^Jj^n bi'dtu- become part of another county in and for which a separate J,"S,!Lr°of*" registry office is or shall be kept, the registry book or books to whTch"« la kept for such city, town, township, reputed township or place ""'^•**"*" under the provisions of the twenty-second section of the act passed in the ninth year of Her Majesty's reign, and inti- tuled, "An Act to consolidate and amend the Registry ® v- "• 3*- Laws of that part of this Province which was formerly Upper Canada," and all plans or maps of town or village lots in such city, town, township, reputed township or place, lodged in the office of such register, pursuant to the thirty-third section of the said act, shall be delivered by the register of the county from which such city, town, township, reputed township or place is or shall be detached, to the register of the county to which the same is or shall be attached, or of which it shall become part, to be kept by him among the registry books of his office, and dealt with in all respects by i! II :^ • t ! i: I 1'. 110 RBQISTRY LAWS. '■: ;l I! 1; I I! ^ili 18 Vic, c. 187- ProTlao : a atatement to bo delivered of titles ro- gistered be- fore separate books were kept for each place. This sect, to apply to places in new counties, ic. him and his successors in office in like manner as the registry books originally made and kept therein : Provided always, that a statement of such titles of or relating to lands lying in such city, town, township, reputed township or place, as may have been registered before separate registry books were kept for each township or place, under the authority of the said act, shall be furnished by the register of the county from which such township or place shall have been detached, to the register of the county to which the same shall have been attached, or of which it shall become part, in the man- ner provided by the thirty-second section of the act last above cited ; and the provisions of this section shall apply to each and every city, town, township, reputed township or place in any new county, and in any county which being theretofore united with another county or counties for the purposes of registration of titles, shall be detached therefrom for such purposes, and become entitled to have a separate registry office. statements under s. 32, of9V c. 34 II. And be it enacted. That the statement to be furnished to be accom- by the register of a county to the register of any new county anlndcjT"'* under the thirty-second section of the said in part recited cate."" act, shall be accompanied by an index thereto, which shall be considered as a part of the said statement, and such re- gister shall carefully compare such statement with the original entries Ji the register books in his office, and endorse a certificate to tnat effect on such statement when furnishing taiS''c*rtai*n"*^G Same to the register of such new county: and such ucuiMs. ^" statement shall, in addition to the particulars required by the said thirty-second section, contain the names of the par- ties to such deeds and of the witnesses thereto, and shall also contain the same particulars with regard to wills and other registered documents affecting lands in such new county as are required concerning deeds, and shall also fur- nish a statement of any wills registered in any general re- gistry book of wills, whether such book was procured before or since the passing of the said act. REaiSTRY LAWS. Ill III. And be it enacted, That no registry book shall after the passing of this act be furnished by the secretary of the province to any register in Upper Canada under the twenty- second section of the act hereinbefore recited, but whenever any register shall require a new registry book, the same shall be furnished to him by the treasurer of the county on his application therefor, and shall be paid for by such trea- surer out of the county funds, and the certificate now given by the provincial secretary in and with regard to any such registry book, or one to a similar effect, shall be given by the judge of the county court having jurisdiction in such county, on the application of the register, and such certifi- cate shall be in the form or to the effect in the schedule to this act annexed : and if such treasurer shall refuse or neg- lect to furnish such book within thirty days after the appli- cation of the register, the register may provide the same, and recover the cost thereof from the municipality of the county. And such registry books shall be as nearly as may be of the like size and description as those heretofore fur- nished to registers in Upper Canada by the provincial secretary under the said twenty-second section of the said act. 10 Vic, cb. 187. Register books not to bu furnished hereafter by the province, but by the county. Size & form to be as at present. 8' i 'li'li ' i IV. And be it enacted, That each county in Upper Canada, now entitled to return a member or members of the Legislative Assembly to represent such county in the pro- vincial parliament, shall be also entitled to have a separate registry office for the registration of titles, and registers shall be appointed accordingly, but until the establishment of such separate registry offices as may be established under this act, all deeds, wills, memorials or other instruments may be registered in the same offices, and with the same effect, as if this act had not been passed. • V. And be it enacted. That when any deed, will or other instrument, shall embrace different lots or parcels of land situate in different localities in the same county, it shall only be necessary to furnish one memorial of such deed, will or Each couniy returniog a member to have a re- gistry o£Bco, When a deed relates to lands in se- veral locali- ties in the same coun- ty, only one memorial need \)o filed. i>iii 112 REGISTRY LAWS. i lil ii: 16 Vic, ch. otjjgr instrument, and such memorial shall be copied into the registry book for the city, town, township or place in which the different parcels or lots of land are situate, in the same manner and to the same extent only as if a separate memorial had been furnished in relation to the lands situate within such city, town, township or place respectively, and the register shall make the necessary entries and certificates proTiso. accordingly : Provided always, that only one certificate of registry shall be allowed or charged for, and that in count- ing folios to be charged for, the marginal certificates, notes or references shall not be included. sect.9cfo VI. And be it enacted. That the ninth section of the said V. c. 34, re- pealed: on in part recited act shall be and is hereby repealed ; and »hau'be''re. i'^stcad thcrcof, be it enacted. That a memorial of any such 7eeiseL- ^^cds, convcyanccs, wills or probate thereof, as shall be a^butolit^of"**^^ and executed or published in any place within Upper iS which the Canada, other than the county in which the lands mentioned whfch'they therein lie, shall be entered and registered by the register or his deputy as aforesaid, provided an affidavit, sworn be- fore one of the judges of the superior courts of common law or of equity in Upper Canada, or a judge of any county court within his county, or a commissioner duly authorised to take affidavits in the Court of Queen's Bench or the Court of Common Pleas in Upper Canada, be brought to the said register or his deputy, wherein one of the witnesses to the execution of such deed or conveyance shall swear to the exe- cution of the same as also of the memorial thereof, and to the place where the same were executed, and in case of wills, one of the witnesses to the memorial of such will or probate thereof, shall swear to the execution of such memorial ; and the same shall be a sufficient authority to the said register or his deputy, to give the party that brings such deed, con- veyance, will, or probate thereof and affidavit, a certificate of the registering of the same, which certificate, signed by the said register or his deputy, shall be taken and allowed as evidence of the registry of the same, in all courts of record in Upper Canada, any thing in the said in part recited act to the contrary thereof in anywise notwithstanding. relate are situate. / RBOISTRT LAWS. 118 VII. And be it enacted, That whenever, after the passing l^^y'' ' '•*• of this act, a deed or conveyance shall bo executed under and Memoriaifof by virtue of a letter or power of attorney from the grantor attorney .,/.,, n may be M- or grantors, a memorial of such letter or power of attorney ^'^"^' "* may be registered, in the same manner and upon the same evidence as a memorial of a deed or conveyance is now legally registered, and the register shall be allowed the same fees for recording the same, as for a deed or convey- ance under this act. .,.,;; VIII. And be it enacted, That every register in Upper »«•■ »« «• Canada shall be allowed the following fees, and no more, c. that is to say: For drawing affidavit of execution of instrument and me- AmdaTitj of ° . eeeu tion. morial brought to be registered, if done by the register or his deputy, including swearing and all certificates thereof, two shillings and six pence ; For recording every deed, conveyance, will, power ofReeoiding attorney or agreement, including all nocessary entries and certificates, six shillings and three pence, but in case such entries and certificates exceed eight hundred words, at the - rate of eight pence for every additional hundred words ; For registering certificate of judgment, two shillings and certiflcatM six pence, satisfaction thereof two shillings and six pence ; For entering certificate of payment of mortgage money, otiroflcatea including all entries and certificates thereof, two shillings i' mortgag* ° ^ money. and six pence; .., ■; Drawing aflBdavit of the execution thereof, including the AmdaTit of swearing of the witness, when done by the register or his "*'"*'°°' deputy, two shillings and six pence ; For searching records relating to the title of any lot or s«»rehei. parcel of land not exceeding four references, one shilling and three pence, and one shilling and three pence for every additional four distinct references, and so in proportion for 15 ill i .1 114 REOISTRY LAWS. i ■ !3 • t iB^yic, cL. every number of searches made : Provided always, that in ProTtao. no case shall u general search into the title to any particular lot, piece or parcel of land exceed the sum of ten shillings ; Estraetf. Uesl»teri to kct'p booka of r(!ceipti of ft'ea, Ac, and niak« ri'turDs thereof For every extract furnished by the register, including certificate, one shilling and three pence, and where the same exceeds one hundred words, nine pence for every additional one hundred words contained in such extract and certificate. IX. And be it enacted. That every register of a county in Upper Canada, shall keep a book in which shall be entered all the fees and emoluments received by him, by virtue of his ofiiee as such register, shewing separately the sums re- ceived for registering memorials, certificates and other documents, and for searches, and he shall make a return of such fees and emoluments in detail to the legislature an- nually. X. And be it enacted. That the sixteenth section of the id in p repealed. 8«ct. IS of PMi'od. ' said in part recited act shall be, and the same is hereby 1 1 S'MntlT"" ^^* "^^^ ^^ ^^ enacted. That the word " county " in the preted. forcgoing provisions of this act, shall mean any county or union of counties for which a separate registry office is or shall be required by law to be kept. Commence XII. And be it enacted, That the eighth, ninth and tenth mont of this ' © ' «*• sections of this act shall take effect upon, from and after the first day of January, one thousand eight hundred and fifty- four only. Holidays at XIII. And bc it cuacted, That the following holidays offl«(s7 shall be allowed in the several registry offices in Upper Canada, namely, Christmas, New Year's Day, Good Friday, Ash Wednesday, Easter Monday and the Queen'^s Birth Day. IS or REQISTRY LAWS. SCHEDULE. 116 Ifl Tlo., oh. 187. Form of Certificate re^ferred to in the third Section of this Act. This Register contains po^ges, and is to be used in and for the (City, Town, or Township of, as the ease may he) in the County of for the En registration of Memorials, under the provisions of the Act of the Legis- lature of the Province of Canada, passed in the ninth year of Her Majesty's Reign, and intituled, " An Act to consoli- date and amend the Registry Laws of that part of this Pro- vince which was formerly Upper Canada," and of the Act of the said Legislature amending the same, and is provided in pursuance of the requirements of the said Statutes. Dated this day of in the year of Our Lord, one thousand eight hundred and fifty- A. B. Judge of the County Court of 1 '■' 1 \' 1 t ^1 18 VIC, CHAP. 127. " An Act to amend the Registry Laws of Upper Canada" [Passed 30th May, 1855.] Whereas it is necessary to amend the Registry Laws of ^w'^we. Upper Canada in certain particulars : be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Legislative Council and of the ^ Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an act passed in the parliament of the United Kingdom of Great Britain and Ireland, and intituled, " An Act to re- unite the Provinces of Upper and Lower Canada, and for the Government of Canada," and it is hereby enacted by the authority of the same, as follows : 116 REGISTRT LAWS. :•* i ! ts^yic. ch. i^ 1^0 judgment of any court of record in Upper Canada, to"'*f"'no* "^^^^ create a lien or charge upon any lands, tenements or on^undi"'*^''®'^®*^^**"**^'^*'' within the same, or upon any interests in tiir»giiur«d. i,injg that are now or may at any time hereafter be liable to seizure or sale on any execution against lands, until such judgment shall bo registered in the manner now required by the law for registering judgmijnts, in the registry office of the county or union of counties in which such lands aro situate. cwtnot ^^' ^° judgment creditor shall be a necessary party to n««a not be a **^y ^^^^ ^^^ *^^ forcclosuro of any mortgage, so as to pre- ciMuro? **"*' v^nt a mortgagee obtaining a complete title by such foreclo- sure, unless such judgment creditor shall have registered his judgment in such county registry office as aforesaid, before the filing of the bill of such mortgagee for such foreclosure. III. The filing of any bill, or the taking of any proceed- ing, in the Court of Chancery in Upper Canada, in which bill or proceeding any title or interest in lands may be brought in question, shall not be deemed notice of such bill or proceeding to any person not being a party to such bill or proceeding, unless and until a ce'tificate shall be given by the register of the said Court of Chancery to some person demanding the same, in the form mentioned in this section, and registered in the registry office of the county or union of counties in which the lands are situate the title or interest in which is questioned in such bill or proceeding. " I certify that in a suit or proceeding in Chancery be- tween A. B. and C. D., some title or interest is called in question in the following lands, (stating thom)." Provided always, that no such certificate shall be re((irired to be registered in any suit or proceeding for forcuorJiii-e !»f any registered mortgage. IV. Every decree of foreclosure, and every other decree in Chancery aiTccting any title or interest in land, shall and may be regiyt^red by any person, in the county registry What only ■hall be deemed no- tice of pro- ceeding!) in Chancery by which title or interest iu lands ihall becoMed in quMtion. Proriso u to suit for fore- closure. How decr««i of foreelo- ■ure, &e., shall be re- gistered. RB0I8TRT LAWS. lit office in the county or union of counties where such land iajjjy"'*''' situate, on a certificate to be given by the register of the f I court, stating the substance and effect of such decree, and the lands affected thercb)' . V. A memorial of any dc 1, conv^^nco, will or power of J|'^, ''JJ,„o. attorney, affecting or relating to any lands, tenements or i'c.|Vi?**tl5 hereditaments in Upper Canada, which shall have ueeii or^htuuc. may bo hereafter executed or published in ai ' place vithout *'***' ' Upper Canada, shall bo registered by the r 'Agister or his (ic]tuty of any county in which such lands are bit'iate, either on the evidence already required by law, or on an affidavit sworn before any judge of either of the superior courts of common law or equity in Upper or in Lower Ctii ada, or before any judge of the county court in Upper Canada or circuit court in Lower Canada, or a commissioner dul v au- thorised to take affidavits in Upper or Lower Canad: by any of the superior courts of common law, or the rcgistt r or deputy register of tho county in which such lands are si ♦^u- ate, wherein one of the witnesses to the execution of su h deed, will, conveyance or power of attorney, shall swear i o the execution of the same, and also to the place where th j same was executed. VI. It shall be the duty of the register of any county ui«ffiit«r of from which any city, town, township, reputed township orT^om'^'hicSa place has been or shall be detached, in addion to the books £»ve been d«- and plans mentioned in the first section of the statute, six- n^*-' memo, teenth Victoria, chapter one hundred and eighty-seven, tot<'i"'J«'«»»L ,.„, o »/ 'to ri-gliter ©r deliver to the register of the county to which the same has ^hich^t** been or shall be attached, the original memorials of all deeds, Sj^'.S* '*" wills and otber conveyances whatever of or relating to any lands within such city, town, township, reputed township or place only ; and if any such first mentioned register shall refuse to deliver any such books, plans or memorials as in the said i t^'ite4 act or this act mentioned, to such last men- tioned registei within throe months after a demand in writ- ing has been made upon him therefor by such last mei^tioned 1!' r M' I '! ; ■■! 118 REGISTRY LAWS. 18 Tic, cb 127. register, such first mentioned register shall be deemed guilty of a misdemeanour, and upon conviction thereof, before any itfmii *°' court of oyer and terminer and general gaol delivery, shall forfeit his office, and be liable to a fine in the discretion of such court, not exceeding one hundred pounds. vwt. Yii, The following fees shall be taken for the services to be performed under this act by the register of any county : On registering any certificate of a suit or proceeding in equity, two shillings and six pence. On registering any certificate of decree, five shillings. meTandap- "^IH- ^his act shall come into operation on the first day twf act? °^ of July, one thousand eight hundred and fifty-five, and shall apply as well to judgments entered of record, and bills filed or proceedings had in Chancery, before as after the passing of this act. Deputy clerkR to 19 VIC, CHAP. 43. " An Act to amend, repeal, and consolidate, the proviaiona of certain Acts therein mentioned, and to simplify/ and expe- dite the proceedings in the Courts of Queen's Bench and Common Pleas in Upper Canada." [Passed 19th June, 1856.] XV. Every deputy clerk of the Crown and Pleas shall foTmtauting ^^®P * J^egular book, in which shall be minuted and docketed mcnu^^&c ^^^ judgments entered by such deputy clerk ; and such minute shall contain the name of every plaintiff and defendant, the date of the commencement of the action, the date of the entry of such judgment, the form of action, the amount of debt or damages recovered, the amount of costs taxed, and whether such judgment was entered upon or by verdict, default, confession, non pros, nonsuit, discontinuance, or how otherwise ; and within three months after the entry of each judgment, the deputy clerk shall transmit to the princi- REGISTRY LAWS. 119 pal clerk of the proper court in Toronto, every such ludg- ^® ^*''» "=• *'• ^ n 1 11 o 11 . , *^ 1 , Judgment! ment-roll and all papers oi or belonging thereto, and such to be also judgment shall be also docketed in the principal office, and'^'^onto- in case the original judgment-roll be lost or destroyed, so if the orfgi- that no exemplification or examined copy thereof can bo lost, copies procured, a copy of the entry in either of such docket books, &c. certified by the clerk or deputy clerk having such book in Deputy •' r ^ o clerks may his custody, shall be evidence of all matters therein set forth k*'« cejtifi: '' ' cates of judg- and expressed : and when any such deputy shall enter up ments r J r J r entered by any judgment in either of the said courts, he may give to cert^cJtei^** the party on whose behalf it is entered, or to his lega] [!2?2dfn th^ representative, a certificate signed by him of such judgment, ^l^tj and containing the like particulars as are required in certificates '''°*^ '*"'**• of judgments given by the Clerks of the Crown and Pleas, and Guch certificate may be registered in the registry office of any county in Upper Canada, and the same certificate and the registration thereof, shall have the like force and effect in binding or operating as a charge upon lands, tene- « ments, and hereditaments, situated within such county, as if the certificate had been granted at the principal office at " Toronto. II il i:t{ 19 & 20 VIC, CHAP. 90. " An Act to simplify and expedite the proceedings in the County Courts in Upper Canada^ and to alter and amend the latv in relation to these Courts." [Passed 1st July, 1856.] VII. The clerk of each and every county court shall keep ^'^^j^* f^*®^ a regular book, in which shall be minuted and docketed all docketing o ' judgmentSi judgments entered by such clerk; and such minutes shall »»^j^^»t^t^ contain the name of every plaintiff and defendant, the date of the commencement of the action, the date of the entry of such judgment, the form of action, the amount recovered, the amount of costs taxed, and whether such judgment was entered upon or by verdict, default, confession, non pros^ nonsuit, discontinuance, or how otherwise ; and in case the original judgment-roll be lost or destroyed, so that no exem- ! ! 120 BEQISTBY LAWS. 19 A 20 Vic, Ob. 90. Copies of entries to bo evidence in certain cases. Certificates maybe given and regis- tered 80 as to Mud lands. plification or examined copy thereof can be procured, a copy of the entry in such docket book, certified by the clerk having such book in his custody, shall be evidence of all matters therein set forth and expressed ; and when any such clerk shall enter up any judgment in either of the said courts, he may give to the party on whose behalf it is entered, or to his legal representative, a certificate signed by him, of such judgment, containing the like particulars as are required in certificates of judgments given by the Clerks of the Crown and Pleas, and such certificate may be registered in the registry office of any county in Upper Canada, and the same certificate and the registration thereof shall have the like force and effect in binding or operating as a. charge upon lands, tenements and heredita- ments situate within such county, as if the certificate had been granted by a clerk or deputy clerk of the crown. 20 VIC, CHAP. 56. "viw Act for further increasing the efficiency and simpli- fying the proceedings of the Court of Chancery.'' [Passed 10th June, 1857.] te^ma^f ^■^' Wben a bill or other proceeding in Chancery is filed undM^^v ^^ ^^^ office of a deputy register of the said court, a certifi- *• ^^' cate thereof for registration under the act intituled, " An Act to amend the Registry Laws of Upper Canada," may be given by such deputy register, and the registration of such certificate shall have the same effect as the registration of a like certificate by the register of the said court. Begistration X. Evcrv decrcc or order of the said court which has of decree or .' ^^«Jf°j'p»y already been or shall hereafter be made whereby any sum of money, or any costs, charges or expenses, shall be ordered to be paid, either at one time or in several or periodical pay- ments or sums to any person or persons, or into the said court, or to the credit of any cause in the said court, or otherwise, may be registered in any county registry office money in order to bind iands. RSOISTRT LAWS. 121 i upon delivery to the county register of a certificate of the ** '''**»••••• register or of a deputy register of the said court, stating the title of the cause or matter in which such decree or order shall have been made, and the date of the decree or order, and the amount of the moneys thereby or by any report made in pursuance thereof mentioned to be paid ; and such f^,'S*2f' certificate shall be entered and recorded by such county "*'•*'•*'•"• register in the same books and in the same manner as certificates of judgments at law are now entered and re- corded, and the registry of any such certificate shall have, to all intents and purposes, the same effect as the registry of a judgment at law now has, and may be discharged in the same manner as a judgment at common law. XI. The said Court of Chancery^ upon being satisfied by court m»y proof that some specified part of the real estate of any person ^Mt^<»'tt»« ordered by any decree or order of the said court to pay anyt^p«^«* sum or sums of money, will be sufiBcient security for the pay-J^^J^^** ment of such sum or sums of money, may direct either in the same decree or order or by a subsequent decree or order, that the charge created by any such decree or order be con- fined to such part of the real estate of the person or persons so liable, and that the residue of the real estate of such perscm shall be unaffected by such registration, and in case such restriction is contained in the original decree or order, the roaster's or deputy regbter's said certificate shall state the same, and if such restriction is contained in some subse- quent order, the register's or deputy register's certificate thereof may be registered by either party. XII. The said court may, in any proceedings to be taken court m*/ in the same cause in which an order or decree for the pay- real Mut« *^ *' bound to b« ment of money shall have been made and so registered as "oid, without ^ 111 »nynow to become a charge on real estate, order the whole or any •^*- portion of the real estate bound, to be sold for the satisfac- tion of the money so charged upon it with interest and costs, without the delay or expense of a new suit being instituted to procure such sale. 16 ' 'i N 'ti i 122 REGISTRY LAWS. 20 VIC, CHAP. 57. " An Act to amend the Common Law Procedure Acty 1856, and to facilitate the remedies on Bills of Exchange and Promissory Notes J" [Passed loth June, 1867.] RegiBtration XIX. E Very judgment registered against land in any county to bind land shall ccase to be a lien or charge upon the land of the party only three . . r J years from against "whom such judgment has been rendered, or any one or one year claiming undcr him, in three years after such iudgment has from pasHing o t ,) , un^ew re-'' ^^®^ registered, or within one year after the passing of this gistered^ act, uulcss bcfore the expiration of the said period of three years, or within one year after the passing of this act, such judgment shall be re-registered ; and such lien or charge shall cease whenever the period of three years shall at any time be allowed to elapse without a further re-registry. Registry of judgment Form and proof of certificate. XX. Any judgment registered against land shall and may SiJg^^ be discharged from the registry of thecounty where the same judgment °'^^ registered, on the production to the register of such county creditor. ^^ ^ certificate signed by the judgment creditor, or, if more than one, by any one of them, his executors, administrators or assigns, to the following efiect : " I do hereby certify that a judgment rendered in favour of A. B. against C. D., for the sum of £ , and registered in the registry office of the county of , has been discharged." And such certificate shall be proved to the register by the affidavit of one subscribing witness who has witnessed the execution of such certificate, which affidavit may be taken before any person before whom any affidavit for th registry of any deed or other instrument can be taken : provided always, that the registry of a judgment may also be dis- charged in the m'anner now provided by law. ' . , ANALYTICAL IN^DEX. i ACT 9 V. c. 34, 8. 2. Thirteenth section of 12 Vic, c. 71, shall extend an*^ be applied to any estate, right or title, or interest in lands which may be disposed of by deed under the 5th section of this act 14, 15 V. c. 7, s. 9. Of 9 Vic, c 34., not to alter or render invalid any proceeding done under acts repealed thereby The 8th, 9th, & 10th sections of 16 Vic, c 187, SEC 12, shall take effect upon, from and after Ist January, 1854 only, (the act was passed 14th June, 1853) Commencement of 18 Vic. c. 127, on the Ist July, 1855, and shall Apply as well to judgments entered of record and bills filed, or proceedings had in Chancery before as after the passing of act 18 V. c 127, s. 8. 16 V. c. 187, s. 12. 11 ■ r\ ADMINISTRATOR Of MoRTaAGEE (See " Executor' ') 14, 15 V. c. 7, s. 8. AFFIDAVIT One of Witnesses to deed or will executed out of limits of Upper Canada to make affidavit in order to registration, and what to contain. Before whom to he taken In Great Britain or Ireland* In Lower Canada. In any colony of the British Crown. In any foreign country 9 V. c. 34, s. 10. 11 ''■J tii Pi ii ■» 'i! ■i; 124 ANALTTIOAL INDEX. AFFIDAVIT continued. Op Subscribing Witnesses to Verify Certifi- cate OF discharge of mortgage to be made 9 V. c. 34, s. 23. Of Execution of deed, conveyance or will, or of any certificate of payment of mortgage money, executed, published or made in Lower Canada, oath to be administered by Chief Justices and judges of Q. B., and of the superior court in Lower Canada, and circuit judges there, and commissioner . appointed by the superior courts of record in Upper Canada, for taking affidavits in Lower Canada 18, 14 V. c. 63, s. 6. On which Registrar is to Register memorial of any deeds, conveyances, wills or probate as shall be made and executed or published in any place in Upper Canada other than the county in which the lands mentioned therein lie. To be sworn before one of the judges of the superior courts of common law or equity in Upper Canada or the judge of any county court within his county, or a commissioner in the Queen's Bench or Common Fleas in Upper Canada. Made hy one of the witnesses^ to the execution of such deed, &c., swearing to the execution of the deed, and of the memorial, and to the place where the same were executed, and In the case of wills by one of the witnesses to the memorial of such will, swearing to the execution of such memorial 16 V. c. 187, s. 6. On which Registrar is to Register memorial of deed, conveyance, will or power of attor- ney affecting or relating to lands in Upper Canada, executed or published without . Upper Canada May he sworn before any judge of either of the ANALYIIOAL INDBX. 126 I n 84, B. 23. B. 63, s. 5. 187, s. 6. AFFIDAVIT continued. superior courts of common law or equity in Upper or Lower Canada, or before any judge of the county court in Upper Canada, or circuit court in Lower Canada, or a com- missioner authorised to take affidavits in Upper Upper or Lower Canada by any of the superior courts of common law, or the registrar or deputy registrar of the county in which such lands are situate, wherein One of the witnesses to the exection of such deed, conveyance, will, or power of attorney shall Swear to the execution of the same and also to the place where the same was executed Of Execution of Assignment of claim in land, for registration by the Commissioner of Crown Lands, what to contain (See " Com- missioner of Crown Lands") Commissioners for taking, in superior courts of law either in Upper or Lower Canada shall have the same power and authority for Administering oaths in matters relating to the crown, clergy, and school lands as are exercised by justices of the peace To PROVE Certificate op Discharge of Regis- tered Judgment to be made by One subscribing witness, who has witnessed the execution of the certificate, which may be taken before any person before whom any affidavit for the registry of any deed or other instrument can be taken * ASSIGNMENT By Original Nominee, purchaser or locatee, as also any subsequent assignee of claim, on crown lands. Commissioner of Grown Lands to register on production, and, 18 V. c. 127, s. 5. 16 V. c. 159, 8. 7. 16 V. c. 169, s. 8. 20 V. c. 57, s. 20. i-i .( . if: 126 ANALYTICAL INDEX. m i I ri 111 '.I \ ASSIGNMENT continued. Affidavit of Execution^ &c. (See " Commissioner of Crown Lands") Duties of Commissioner of Crown Lands, under preceding section as to the registration of located claims, to extend to the registra- tio:i of assignments of all claims heretofore located or located hereafter. All Assignments of such locations in Lower Canada executed before notaries, or bel ive one notary and two witnessess shall be ♦ deemed suflBcient, and Shall be registered accordingly. Unconditional^ all such assignments to be ATTORNEY Of Party^Entitled to Mortgage, may deliver certificate of discharge to registrar B 16 V. c. 159, 8. 7. 16 V. c. 159, s. 8. 9 V. c. 34, s. 23. BARGAIN ANJ) SALE Registration of, not needed to supply place of enrolment for mere purpose of making it a valid conveyance for passing the land. Registration o/, in register county where lands are situate necessary to guard against sub- sequent purchaser obtaining title by prior registry 4 W. IV. c. 1, s. 47. BILL B( Of Foreclosure by Mortgagee, where judg- ment creditor need not be a party to Filing of any Bill, or taking any proceeding in Court of Chancery in ♦Upper Canada in which Any title or interest in lands may be brought into question shall Not he deemed notice of such bill or proceeding, Unless and until a Certificate shall be given by the Registrar of the Court of Chancery to 18 V. c. 127, 8. 2. .-A-*. ANALTTZOAL INDEX. 127 All 159, 8. 7. 159, 8. 8. 34, s. 23. 1, s. 47. 127, 8. 2. BILL continued. 8omo person demanding the same in the form mentioned in section and Registered in the registry office of the county, &c., in which the lands are situate, the title or interest in which is questioned in such bill or proceeding. Form of Certificate — " I certify that in a suit or proceeding in Chancery, between A. B. and C. D. some title or interest is called in •n aon in the following lands, (stating luem.)" No such Certificate shall be required to be regis- tered in any suit or proceeding for Foreclosure of any registered mortgage Filed, or Proceedings in Chancery had as well before as after passing of act (1st July,. 1855), act to apply to Or Other Proceeding in Chancery, where filed in the office of a deputy registrar of the said court, ho may give a certificate thereof for registration under the 18 V. c. 127, and the registration of such certificate shall have the same effect as the registration of a like certificate by the registrar of the court 18 V. c. 127, s. 3. 18 V. c. 127, s. 8. 20 V. c. 56, s. 9. 14 & 15 V. c. 9. BOND Creating debt to the Crown, (See " Crown debts") Creating Crown debt, clerk of Queen's Bench, in Toronto, on production of copy certified by the proper officer having custody of same, to enter and register in separate book, which binds and charges lands from such registry. 14 & 15 V. c. 9, s. 2. Creating Crown debts, and charging lands, the charges may be released by the Gover- nor in Council, which release may be per- r,j 128 ANALYTICAL INDBX. BOND continued, footed by registration of order with the clerk of the Queen's Bench, in Toronto 14 & 15 V. c. 9, s. 8. Fee of fite shillings, payable to dork of Queen's Bench for registration of bond creating crown debts 14 & 15 V. c. 9, s. 4. Creating Crown debts, made before passing of act to Ilcr Majesty or predecessors, of the nature mentioned in first section to be regis- tered as in the second section mentioned, . within one year from the passing of this act (2nd August, 1851), or in default, lands or interest in lands of the person who exe- cuted the .same, discharged therefrom as to any subsequent purchaser or mortgagee, or registered judgment creditor of such person of the same lands for valuable considera- tion 14 & 16 V. c. 9, 8. 5. CERTIFICATE Substitution of, for memorial of conveyance by sheriff, for non-payment of taxes (prior to 1851, see 16 Vic, c. 182, s. 66) 6 Geo. IV., c. 7, s. 19. Registrar or deputy, at time of entering memo- rial, to indorse on deed the certain day, hour and time when memorial entered and registered, and expressing in what book, page and number the same is entered. To be signed by the registrar or his deputy when indorsed. To be taken and allowed as Evidence of such respective registries in all courts of record. 9 V. c. 34, s. 8. Registrar to indorse certificate on deed, conveyance, will or probate, executed or published without the limits of Upper Cana- da, to have same e£fect as if the affidavit had been sworn before registrar or deputy. Judge or Conimismner. or other person, before ANALYTICAL INDBX. 129 c. 9, 8. 8. . c. 9, B. 4. /". c. 9, 8. 5. ., c. 7, 8. 19. . c. 34, 8. 8. CERTIFCATE continued. whom affidavit or affirmation of execution of deed, will, &c., out of limits of Upper Cana- da, was made or taken, to indorse certificate on deed, will, &c., identifying it as that referred to in affidavit or affirmation Of Chairman of Quarter Sessions, witnessed by clerk of peace, of proof before magis- trates of due execution of deed, conveyance or will, the registrar thereon to record deed, &c., and Certificate of Registrar, on recording such deed, &c., to be given, and to have like effect as certificate granted in all other cases Of Judgment, clerk of court in which obtained to give to plaintiff, defendant or attorney, on payment of 2s. Gd. in form set out in section. To he delivered to liegitstrar of county where lands, &c., lie, who, on receipt, is to record the same. Form of Certificate, " In the court of (as the case may be), I hereby certify that judg- ment was entered up between A. B., plain- tiff, and C. D., defendant, on the day of in a plea of for pounds debt (or damages), and pounds cost. E. F., clerk." Of Discharge of Regtrtered Mortgage, to be delivered to registrar prior to his enter- ing " discharged " on register. Person entitled to mortgage money, or attorney may make ; Form of, schedule A. to act, To be filed, numbered and entered on the margin of the register, under the word "dis- charged " 17 V. c. 34, s. 10. 9 V. c. 34, 8. 11. 9 V. c. 34, s. 13. 9 V. c. 34, 8. 23. ! I ' It 180 ANALYTICAL INDEX. I ■' CERTIFICATE continued. Of Payment or Perfoumance of condition of any mortgage by tho mortgagee, his heirs, &c., heretofore given and registered under 85 Geo. III., c. 5, or, which having been given thereunder, may be registered under this act, or Which may hereafter he ffiven and registered under tho provisions of this act, whether given or to be given, either before or after the time limited by such mortgage for pay- ment or performance, is declared to be valid As a Release of such mortgage, and as a Re-conveyance of the original estate of the mortgagor. Proviso^ if given after the expiration of the period within which the mortgagor -had a right in equity to redeem, shall not have the effc' t of defeating any title other than a title remaining vested in the mortgagor^ or his heirs, &c The Word *' Mortgagor " has been substituted for "mortgagee," in the last line of the proviso, at the end of section 24 of 9 V. c. 34, in error. Section 24 of 9 V. c. 34, was intended to refer and does refer to any certificate by the mortgagee, his heirs, executors, administra- tors or assigns, of payment or performance of the condition of any mortgage, given or registered as therein mentioned 10, 11 V. c. 16, a. 1« True Effect of proviso at the end of the 24th section of 9 Geo. IV., c. 34, declared to be " that such certificate as is mentioned in the said section and in this act, if given after the expiration of the period within CEI 9 V. c. 34, 8. 24. ANALYTICAL XlfDEX. 181 12 V. c. 73, 8. 2. CBRTIFICATl eontinued. which the mortgHgof |j»4 a right in equity to redeem, shall have imd and »hall have the effect of defeating any title remaining vested in the mortgagee, or his heirs, exe- cutors, iulministrutors or assigns, but shall not have had nor shall have the effect of defeating any other title whatsoever " 10, 11 V. c. 10, s. 2. Of Payment and Satisfaction of Moiit(uoe Money, in form schedule A. to act. Purchaser of mortgagor' a interest in real estate under execution, may, on payment of mort- gage money, Require the Mortgagee, his heirs or assigns, to give him, and Registrars to act on certificate to the same extent as if the same had been given by tlic mort- gagor, his heirs, &c Of Judgment^ so soon as registered, the judg- ment becomes a charge on lands in county whore registered after 1st January 1851 ... 13, 14 V. c. t{3, s. 2. Of Judgment Registered by judgment creditor Before the Registering of the memorial of a deed, ' devise or conveyance, executed after Janu- ary 1st, 1851, after any grant from the Crown of any lands and deed patent issued, makes such deed, devise or conveyance, Fraudulent and void against Judgment Creditor , who shall have registered such certificate. Devisees subject to provisions as to, in 12th section of 9 V. c. 34. Equitable Mortgagees, rights of, as recognised in Court of Chancery, not to be affected 13, 14 V. c. 63, s. 3. Registered, of Judgment Recovered after January Ist, 1851, the judgment to be good &c., at law and equity according to tl ? I i pill ■■ .'iH^i' * •! .i :M; 132 ANALYTICAL INDEX. CERTIFICATE continued. priority of the time of registration of the certificate 13, 14 V. c. 63, s. 4. Executed in Lower Canada, of payment of mortgsige money, before whom affidavit of execution may be made 13, 14 V. c. 63, s. 5. Of Judgment, Registration of, deemed and taken to be a registry of such judgment for the purpose of act 13, 14 V. c. 63, s. 7. Of Judgment, registrar to keep separate books * for entry of, after passing of act 10th April, 1850 13, 14 V. c. 63,8. 9- Of Proper Officer, having custody of deed, bond, contract or instrument, creating crown debt to be given with copy of deed, &c., handed to clerk of Queen's Bench in Toronto for registration 14, 15 V. c. 9, 2. Of President, or Clerk of Executive Coun- cil, to accompany order of Governor for the release of lands from the charge of crown debts, created by any deed, &c 14, 15 V. c. 9, s. 3. Sheriff giving deed of land on sale for non- r payment of taxes to give to purchaser A Certificate of the execution of the deed con- taining the date and cause of the sale and the price, and a description of the land by its situation, boundaries and quantity Under his Hand and Seal, which for the pur- pose of Registration of the deed in the registry office of the proper county, shall be deemed A memorial thereof, and the deed shall be registered, and Certificate of Registry thereof be granted by the registrar, on production to him of the deed and certificate, and without further proof and CI ANALYTICAL INDEX. 133 63, s. 4. . 63, s. 5. . 63, s. 7. !. 63, s. 9. V. c. 9, 2. c. 9, s. 3. CERTIFICATE continued. Registrar shall for the registry and certificate thereof be entitled torSs. 6d., and no more.. 16 V. c. 182, s. 65. Of Registry, one only to be charged for where deed, &c., embraces different lots of land in different localities in the same county 16 V. c. 187, s. 5. Registrar to give of the registering of deeds, conveyances, wills or probate, as shall be made and executed or published in any place within Upper Canada, other than the county in which the lands mentioned therein lie After Production of Affidavit to him, sworn by one of the witnesses to the deed, and one of the witnesses to the memorial of a will To be Evidence of the Registry of the same in all courts of record in Upper Canada, notwithstanding any thing in 9 V. c. 34 16 V. c. 187, s. 6. Registrar of Court of Chancery to give certificate to some person demanding the same. Of Bill Filed or proceeding taken in Chancery in which Any title or Interest in Lands may be brought in question. To he Registered before the filing of the bill, &c., deemed notice. Form of — " I certify that in a suit or proceeding in Chancery between A. B. and C. D., some title or interest is called in question in the following lands (stating them.)" Registration of such Certificate, (from registrar of the Court of Chancery) not required in any suit or proceeding for foreclosure of any registered mortgage 18 V. c. 127, s Of Registrar of Court of Chancery, stating the substance and effect of any decree affecting the title of lands, to contain the 3. ' }:l ,'(;'. < !l i f l.i' ! I, , I 18 V. c. 127, 8. 4. 134 ANALYTICAL INDEX. CERTIFICATE continued. substance and effect of the decree, and the lands affected thereby, upon which it shall and may be registered in county registry office of the county where the lands, the title of which is affected, are situate Of Judgment given by deputy clerk of the Crown. Mai/ be Registered in the registry office of any county of Upper Canada, and shall have the like force and effect in binding or operating as A charge upon lands, tenements and heredita- ments, situated within such county as if the certificate had been granted at the principal office at Toronto 19 V. c. 43, s. 15. Of Judgment Entered in either of the county court?. Clerk of County Court, may give to the party on whose behalf it is entered, or to his legal representative A Certificate signed by him of such judgment containing the like particulars as are required in certificates of judgments given by the clerks of the crown and pleas, and such certificate May he Registered in the registry office of any county in Upper Canada, and the same Certificate and Registration thereof shall have the like force and effect in binding or opera- ting as a Charge on Lands, &c., situate within such county as if the certificate had been granted by a clerk or deputy clerk of the crown , 19, 20 V. c. 90, s. 7. Of Discharge of Registered Judgment, signed by the judgment creditor or if more than one, by any one of them, his executors, administrators or assigns, CE] CH ANALYTICAL INDEX. 186 ',. 127, s. 4. c. 43, s. 15. CERTIFICATE continued. To be Proved to the registrar by the afl&davit of one subscribing witness who has witnessed the execution of the certificate Of Bill or other proceeding in Chancery, the deputy registrar of the court where same is filed in his office, may give, under 18 V. c. 127 ; and the registration of such cer- tificate shall have the same effect as the regis- tration of a like certificate by the registrar of the said court ..- Of Decree or Order in Chancery by the regis- trar or deputy registrar of the Court of Chancery, may be registered in any county registry office, on delivery to the county registrar. County Registrar to enter and record in the same books and in the same manner as judgments at law Of Decree or Order in Chancery by registrar or deputy registrar of the court, to state any restriction in decree, &c., of charge created, to part of lands of person liable, and may be registered by either party 20 y. c. 57, s. 20. 20 V. c. 66, s. 9. 20 V. c. 56, 8. 10. 20 V. c. 56, s. 11. r. c. 90, s. 7. CHANCERY Judgment Creditor's remedies in equity, the same as he would be entitled to, in case the judgment debtor had power to charge the hereditaments, and had, by writing under his hand, agreed to charge them with judg- ment debt and interest 13 & 14 V. c. 63, s. 2. Bill filed, or any proceedings taken in Chan- cery in which any title or interest in lands may be brought in question, not to be deemed notice of such bill or proceeding, unless and until certificate given by the registrar of the 186 ANALYTICAL INDEX, CHANCERY continued. court in the form mentioned in the section, and registered in the registry offiqe of the county where the lands are situate, the title of which is questioned therein. Form of Certificate to be given by registrar of court, " I certify that in a suit or proceed- ing in Chancery between A. B. and C. D., some title or interest is called in question in the following lands (stating them)." Every Decree of Foreclosure, and every other decree in Chancery affecting any title or interest in land, Shall and may he Registered by any person in the county registry office in the county where the land is situate. On a Certificate to be given by the registrar of the said court, stating the substance and effect of such decree, and the lands affected thereby Bills Filed, or proceedings had in, before as well as after passing of act (1st July, 1855), act to apply to Deputy Registrar of Court of, when bill or other proceeding in Chancery filed in his office, authorised to give certificate thereof for registration undfer 18 V. c. 127, and the registration thereof to have the same effect as the registration of the certificate of the Registrar of the Court Every Decree or Order of the court which has already been, or shall hereafter be made, whereby any sum of money, or any costs, charges or expenses shall be ordered to be paid, either at one time or in several or periodical payments or sums, to any person or persons, or into the said court, or to-the CH. 18 V. c. 127, s. 3. 18 V. c. 127, 8. 4 18 V. c. 127, s. 8 20 V. c. 56, s. 9- 127, s. 3. 127, 8. 4 127, B. 8 c. 56, s. 9' ANALYTICAL INDEX. CHANCERY continued. credit of any cause in the said Court, or otherwise, Mai/ be Regiatered in any county register office, upon Delivery to the Oounty Registrar of a Certificate of the registrar, or of a deputy regis- trar of the said court, stating the title of the cause or matter in which such decree or order shall have been made, and the date of the decree or order, and the amount of the moneys thereby or by any report made in pursuance thereof mentioned to be paid ; and The County Registrar shall enter and record such certificate in the same books and In the same manner as certificates of judgments at law are now entered and recorded ; and The Registry of any such certificate shall have to all intents and purposes The same effect as the registry of a judgment at law now has, and May he discharged in the same manner as a judg- ment at common law Court may direct, either in the same decree or order, or by a subsequent decree or order, that The Charge created hy such Decree, &c., be con- finedto some specified part of the real estate of the person liable, and that The residue of the Real Estate shall be unaffected by such registration ; and in case such re- striction is contained in the original decree or order, The Certificate sl'^ll state the same ; and if such restriction is contained in some subsequent order. The Certificate thereof may be registered by either party 18 137 20 V. c. 56f s. 10. 20 V. c. 56, s. 11. l»:< '»); \ i. li ti ■ i 'Si 188 ANALYTICAL INDEX. CHANCERY continued. Decree or Order, for the payment of money \i when made, and iS'o Registered, c^ to become a charge on real estate I Court may order, in any proceedings in the |1 # same cause, the whole or any part of the Real estate Bound to be Sold for the satisfaction of the money so charged upon it, with interest and costs CHARGE Judgment Registered, ceases to be a lien or charge on lands of the party against whom rendered, or any one claiming under him In three years from registration, or one year from passing of act, unless re-registered, (see "Re-registration") CLE: 20 V. c. 56, s. 12. 20 V. c. 57, s. 19. CLERK OF COUNTY COURT Who Enters up any Judgment in either of the said (county) courts, may give to the party on whose behalf it is entered, or to his legal representative, A Certificate, signed by him, of such judgment, containing the like particulars as are re- quired in certificates of judgments given by the clerks of the Crown and Pleas, and such certificate May be Registered in the registry office of any county in Upper Canada, and the same Certificate and the Registration thereof shall have the like force and efiect in binding or operating as A Charge on Lands, kc, situate within such county, as if the certificate had been granted by a clerk or deputy clerk of the Crown... 19 & 20 V. c. 90, s. 7 CLEI ( C i C : ;. 56, s. 12. c. 57, s. 19. V. c. 90, 8. 7 ANALYTICAL INDEX, 139 CLERK OF PEACE To Forward to Governor a copy of present- ment of grand jury, of registrar's not keep- ing his office at place appointed, &c 9 V. c. 34, s. 19. To Forward to Governor a copy of the pre- sentment of grand jury of registrar's non- residence in county, or incapacity from sickness to do duties of office 9 V. c. 34, s. 20. CLERK OF QUEEN'S BENCH Crown Debts to be registered in office of, in Toronto , 14 & 15 V. c. 9, s. 1. Required, on production of a copy deed, bond, contract, or other instrument (under sea^ or of record, whereby any debt, obligation, or duty shall be incurred or created to Her Majesty) Certified by the proper officer having the custody of the same To Enter and Register same in a separate book, and From and after such registry. All the Lands of the person executing such deed, contract, or other inst-ument. Shall he Bound and charged thereby 14 & 15 V. c. 9, s. 2. On Production of Order of the Governor in Council, certified by the president or clerk of the Executive Council, For the Release of lands bound by such deed, &c., with crown debts, from such charge, To Enter and Register the same in the same book, as a releese of such lands mentioned in the order, and Thereupon such lands shall he released accord- ingly. Fee of Five Shillings, may demand and receive from person producing, for registry, any In i..a I, • jl ( - ! -i • ■ 1.1 f ' ! t i ;ii 140 ANALYTICAL INDEX. ii .ill! : ■ CLERK OF QUEEN'S BENCH eontinued. such deed, bond, contract, or other instru- ment, or release, to be paid to the fee fund... 14 k 15 V. c. 9, s. 3. COMMISSIONER OF CROWN LANDS To KEEP A Book for the Entry, at the option of the parties interested, Of the particulars of any Assignments made, as well By the original Nominee^ Purchaser^ or Locatee, * as also By any subsequent Assignee or assignees, of any such Clai7n on Lands heretofore located (14th June, 1853), or hereaffer purchased in respect thereof, Such Assignment^ ^c, being first produced or exhibited to the Commissioner, together With an Affidavit of the due execution thereof, sworn before a J. P., which shall truly express the time of the execution of such assignments, and thereupon the Commis- sioner To Enter or Register the material parts of every such assignment, and To Endorse a Certificate of the entry or registra- tion on every such assignment : Such Assignment so entered or registered, shall be valued against any one of a previous date or execution, but not then entered or regis- tered. Such Assignments being duly registered, it shall be lawful that The Patent issue in the name of such assignee or assignees. Subscribing Witness to any such assignment being deceased, or having left the Province, CO] ni ANALYTICAL INDEX. 141 c. 9, s. 3. COMMISSIONER OF CROWN LANDS continued. Registration of such assignment to be made on the production <»f An Affidavit proving the death cv absence of such witness and his hand- writing 16 V. c. 159, s. 7. Duties of, under the preceding section, for the registration of aL^ignments of located claims. To extend to the Reyktration of assignments of claims heretofore located or located hereafter. All Assignments of such locations in Lower Canada executed before Notaries, or before one Notary and two witnesses, shall be deemed suflBcient, and Shall he Registered accordingly. Unconditional^ all such assignments to be. Commissioners for taking Affidavits in superior courts of law, either in Upper or Lower Canada, shall have the same power and authority for Administering Oaths in matters relating to the crown, clergy, and school lands, as are now exercised by Justices of the Peace 16 V. c. 159, s. 8. To TRANSMIT TO REGISTRAR of every county or registration district, in January in each year, A List of the Clergy and. Crown Lands heretofore or hereafter sold, or for which licenses of occupation shall be granted in such county or registration district, and upon which a payment has been made ; Which said Grown, Clcgy, and School Lands shall be liable to the Assessed Taxes in the townships in which they ,; respectively lie, from the date of such license or sale ; and The Commissioner shall in like manner apprise such registrar of the cancellation of any license of occupation or patent Iv3 Y. c. 159, s. 24. 4 ii ■ !^ ■SS 142 ANALYTICAL INDEX. h'ii: r J' Mi ! w CONTRACT Creating Crown Debt, clerk of Queen's Bench, in Toronto, on production of copy, certified by the proper ofticer having custody of same, to enter and register in separate book, which binds and charges lands from regis- try 14 & 15 V. c. 0, 8. 2. Creating Crown Debt, and charging lands, the charge may be released by the Governor in Council, which release may be perfected by registration of order with the clerk of the Queen's Bench, in Toronto 14 & 15 V. c. 9, s. 8. • Fee of Five Shillings, payable to clerk of Queen's Bench, for registration of contract creating crown debts 14 & 15 V. c. 9, s. 4. Creating Cuoavn Debts, made before the passing of this act, to Her Majesty or predecessors, of the nature mentioned in first section to be registered as in the second section men- tioned, within one year from the passing of this act (2nd August, 1851), or, in default, lands or interest in lands of the person who executed the same, discharged therefrom as to any subsequent purchaser, or mortgagee, or registered judgment creditor of such per- son of the same lands, for valuable conside- ration 14 k 15 V. c. 9, COIS COE COS cou 5. CONVEYANCE Or Legal Estate in Land Mortgaged, exe- cutor or administrator of deceased mort- gagee, entitled to the mortgage money, may, on payment of principal and interest, or if paid to testator, or intestate in life- time, convey, release, and discharge debt and convey legal estate in land, and such Executor or Administrator shall have same ANALYTICAL INDEX. 148 CONVEYANCE continued. power as to any portion of the lands, on payment of some part of mortgage debt, or on any arrangement for exonerating the whole or part of land without payment. Such Convei/ance, Release or Discharye shall be as effectual as if made by person having the legal estate 14 & 15 V. c. 7, s. 8 CORPORATION Seal of, affixed to any, deed, conveyance, me- morial, or instrument in writing, to be suffi- cient evidence of the due execution of such deed, &c., by such corporation, for the pur- pose of registry , COST Of Register Books, municipality of county to pay the registrar when county treasurer neglects or refuses to supply him with books COUNTY Every, in Upper Canada, registrar to bo ap- pointed for, who shall keep an office in the same, at the place named in his commission, or at such other place as may be appointed by proclamation, according to this act Portion of, Separated, or set apart so as to form another county, or a part thereof, registrar of first mentioned county to furnish a statement of the registration of such titles as may have been registered, of lands lying in the part so separated, to the registrar, of the new county and of the county of which it shall form a part, setting forth the dates of the deeds and the particulars of the lots or parcels of lands to which they relate V. c. 34, s. 29. 16 V. c. 187, s. 3. 9 V. c. 34, s. 4. 9 V. c. 34, s. 32. '1 I! i|f , 'il i'ti I !' r I 144 ANALYTICAL INDEX. ( in 9 V. c. 34, 8. 34. COUNTY continncil llEGISTIlARS NOT TO BE Al'I'OlNTED for tllO COllU- ties of Lennox, Adilington, Prescott, Rus- sell, Lincoln and Welland. One llegistrar to bo appointed for counties of Lennox and Addington. One llegutrar to bo appointed for counties of Prescott and Russell. One Registrar to bo appointed for counties of Lincoln and Welland. Governor-General, in the event of vacancy in * ofRce of registrar for said united counties, may, in his discretion, divide said counties in which any such vacancy may happen, and appoint a registrar for each county respectively Registrar of old county, on separation, enti- tled to receive from, and to be paid by new county, the sum of one shilling and three pence for every folio of 100 words contained in any such statement of the registration of the titles of lands lying in the part separated 14 & 15 V. c. 6, s. 17. Where City, Town, &c., detached from and attached to or become part of another county, where a separate registry office is or shall be kept, The Registry Book or books kept for such city, town, &c., under 22nd section 9 V. c. 34, And all plans or maps of town or village lots in such city, town, &c., lodged in the office of the registrar pursuant to ^k 3ord section of 9 V. c. 34, Shall he delivered by the regiw^Tar of the "county ' from which such city, towa, itc, is or shall be detached. To the Registrar of the coum^ to w lich the same is or shall be attached, or of vhich it shall become part. ANALYTICAL INDEX. 146 COUNTY continued. To be kept by him among the registry books of his office Statement of such Titles of, or relating to lands lying in such city, town, &c., as may have been registered before separate regis- try books were kept for each township or place, under authority of the said act. Shall be furnished by the registrar of the county from which such township or place shall have been detached, To the Registrar of the county to which the same shall have been attached, or of which it shall become part, in the manner pro- vided by the 32nd section of the 9 V. o. 84. Provisions of this section shall apply to Each and every city^ town, township, or place In any new county, and In any county which being theretofore united with another county or counties for the pur- pose of registration of titles. Shall be detached therefrom for such purposes, and become entitling to have A separate xQgx&iY^ office Treasurer of, t© sufjply registrar with registry books after passing of act (14 June, 1853), on applicswion from him. Treasurer titfusing or neglecting to supply within thirty days after application, the -..^.^ registrar may provide the same, and recover the cost from the municipality of the county Each, dt Upper Canada, now entitled to return a Member or members of the Legislative Assembly to parliament shall be Entitled to have a Separate Registry Office for the registrar of titles, and 19 16 V. c. 187, 8. 1. 'I 1 1 16 V. c. 187, B. 1. 16 V. c. 187, 8. 3. ■K .- J > .' < 146 ANALYTICAL INDEX. COUNTY continued. Registrars shall he Appointed accordingly, but Until the Establishment of such Separate regis- try offices as may be established under this act, All Deeds, Wills, Memorials, or other instruments may be Registered in the same Offices, and with the same effect, as if this act had not been passed ... When a Deed, &c. relates to lands in several - localities in the same county, only one memorial need be filed Interpretation of the word "County" 16 V. c. 187, s. 4. 16 V. c. 187, s. 5. 16 V. c. 187, s. 6. COUNTY COURTS. Clerk of, entering up judgments in, may give Certificates Signed hy him of such judgment containing the like particulars as are required in certificates of judgments given by the clerks of the crown and pleas, and such certificate May he Registered in the registry office of any county in Upper Canada, and the same Certificate and Registration shall have the like force and effect in binding or operating as a (^ar^e on Xanc?^, &c., situate within such county as if the certificate had been granted by a clerk or deputy clerk of the crown 19, 20 V. c. 90, s. 7. CROWN LANDS Confirmation of Grant of any lands from Crown to precede the registration of deeds and wills After Grant from, and Deed Patent issued, every deed, devise, or other conveyance exe- cuted after January 1st, 1851, tobe fraudu> lent and void, not only against subsequent 9 V. c. 34, s. 6. ANALTTIGAL IKDBX. 147 CROWN LANFS con^iwwed. purchasers, &c., but also against a subsequent judgment creditor, who shall have registered a certificate of his judgment unless memorial be registered under 9 V. c. 34, before the registering of memorial of the deed or certificate of judgment under which subse- quent purchaser, &c., or judgment creditor claims 13, 14 V. c. 63, s. 3. Registration by Commissioner of assignments by the original nominee, purchaser, or locatee and subsequent assignee of any claim on lands heretofore located (14 June 1853), or hereafter purchased, how and on what evidence efiected, (see " Commissioner of Crown Lands") 16 V. c. 159, s. 7. Duties op Commissioner of Crown Lands to extend to the registration of assignments of all claims heretofore located or located here- after. Unconditionalf a\\ BVLch. assignments to he 16 Y. c. 15&, s. 8. Commissioner of, to transmit to registrar of every county or registration district, in January in every year, A List of the Clergy and Crown Lands hereto- fore or hereafter sold, or for which licenses of occupation shall be granted in such county or registration district, and upon which a payment has been made, Which said Crown^ Clergy and School Lands shall be liable to the Assessed Taxes in the townships in which they respectively lie, from the date of such license or sale, and The Commissioner shall in like manner apprise such registrar of the cancellation of any license of occupation or patent 16 V. c. 169, s. 24. I, , 148 ANALTTtOAL INDE2t. M m CROWN DEBTS .: .' \ No Deed, Bond, Contract, or other instrument, under seal or of record. Whereby any Debt, obligation or duty shall be incurred or created to Her Majesty the Queen or her successors, shall be . Deemed valid or sufficient to charge or affect any lands, or any interest in lands of the person, &c., executing the same, or affected thereby As against any Subsequent Purchaser or mort- gagee, for valuable consideration of the same lands. Unless a Copy of such Deed, bond, contract, or other instrument. Certified by the proper officer having the cus- tody of the same. Shall be Registered in the oliiee of the clerk of the court of Queen's Bench, in Toronto, Before the Execution of the Deed, conveyance, or agreement of such subsequent purchaser, or mortgagee, or • ' " - • The Registry of such subsequent judgment 14, 15 V. c. 9, s. 1. Governor in Council may release charge of, . , on lands, and the order thereon to be regis- tered with the clerk of the Queen's Bench 14, 15 V. c. 9, s. 3. DEATH Of Registrar or Surrender of Office, re- cognizance given by, void at end of one year after, when no misbehaviour appears to have been committed by him in execution of oflSce 9 V. c. 34, 3. 28. DECLARATION One of Witnesses to Deed or Will executed ANALYTICAL INDEX. DECLARATION continued. c it of limits of Upper Canada, to make, in order to registration, (where by law a de- claration is substituted for an affidavit), and what to contain. Before whom to he taken, In Great Britain or Ireland, In Lower Canada, • In any colony of the British Crown, In any foreign country Person, &c., Sub-dividing Land into town and village lots to make, to accompany plan lodged with registrar, and what to contain. Corporation or Company, agent or attorney of, may make DECREE Of Fo; : . .osure, and every other decree in Chancery affecting any title or interest in land, Shall and may he registered by any person in the county registry office in the county where the land is situate. On a Certificate, to be given by the registrar of the court, stating the substance and effect of such decree, and the lands affected thereby Or Order in Chancery, registration and dis- charge of, (see "Chancery") Or Order in Chancery, restriction of charge created by, to part of lands, (see "Chancery") Or Order in Chancery, for payment of money, registered to bind lands, court may, in any proceedings in the same cause, direct the whole or any part of the lands bound to be sold for the satisfaction of the money so charged on, with interest and costs 149 . U,: ' 9 V. c. 84, s. 10. 9 V. c. 34, s. 33. 18 V. c. 127, s. 4. 20 V. c. 56, 8. 10. 20 V. c. 56, 8. 11. 20 V. c. 56, B. 12. S !- c,U ( I 1 m '1? 'E m ii ill m In I' \l}H 01^ 1 '^ 1 i' ll^i^ 150 ANALYTICAL INDBX. DEED Interest in Land, a contingent, an executory and a future interest, and a possibility, coupled with an interest, in any tenements or hereditaments of any tenure, whether the object of the g i or limitation of such in- terest or possibility be or be not ascertained, Aho a Might ofEvtry^ whether immediate or fu- ture, and whether vested or contingent with or upon any tenements or hereditaments of any tenure, may be disposed of by deed. 14, 16 V. c, 7, s. 5. Op Real Estate, made and executed by, or in favour of the corporation named "The Con- nexional Socioty of the Wesleyan Methodist Church in Canada," (except leases for a term not exceeding nine years,) Shall he duly Registered within twelve calendar months after the making and execution thereof, otherwise void and of no effect 14, 15 V. c. 142, s. 5. Of which a Memorial may be Registered at election of party or parties concerned. Of which a Memorial must he Registered^ or ad- judged fraudulent and void against a sub- sequent purchaser or mortgagee for valuable consideration, whose deed is first registered 9 V. c. 34, s. 6. To BE Produced to Registrar at time of enter- ing memorial 9 V. c. 34, s. 8. Memorial of. Executed without the Limits OF Upper Canada, to be registered upon production of certain evidence 9 V. c. 34, s. 10. Executed after January 1st, 1851, when to be adjudged fraudulent and void against judgment creditors, as well as against subse- quent purchasers, &c 13, 14 V. c. 63, 8. 3. Executed after January 1st, 1851, of which a memorial shall be registered, deemed good in law and equity, • tf 8« u« 142, 8. 5. 34, s. 6. 34, s. 8. M, s. 10. 63, 8. 3. ASTALTTIOAL INDEX. 151 DEED continued. According to the priority of the time of register- ing the memorial. When no Memorial of such deeds, &c., registered, then According to the priority of time of execution... 13, 14 V. c. 63, s. 4. Executed in Lower Canada, before whom affidavit of execution may be made 13, 14 V. c. 63, s. 5. Eeoistered under 9 V. c. 34, or under this act, affecting any lands, registry to be .Yotice in Equity to all persons claiming any interest in such lauds or tenements. Subsequent to such registry 13, 14 V. c. 63, s. 8. Creating Debt to the Crown, (see "Crown debts") 14, 15 V. c. 9. Under which subsequent Purchaser or mort- gagee, for valuable consideration, claims. Executed before Registration in Queen's Benchj Toronto, of deed, &c., under which Crown debt is created. Crown Debt security not deemed valid and effec- tual against 14, 15 Y. c. 9, s. 1. Creating Crown Debt, clerk of Queen's Bench, in Toronto, on production of copy, certified by the proper office having custody of the same, to enter and register in separate book, which binds and charges lands from such registry 14, 15 V. c. 9, s. 2 Creating Crown Debts and charging lands, the charge may be released by the Governor in Council, which release may be perfected ^ . by registration of order with the clerk of Queen's Bench, in Toronto 14, 15 V. c. 9, 8. 3> Fee of Five Shillings, payable to clerk of Queen's Bench, for registration of, creating or releasing Crown debto 14, 15 Y. c. 9, s. 4. Creating Crown Debts, made before passing .,^ 'n 1 t - ■ 1 k ■III f [f i '-rff 162 ANALYTICAL INDEX. J^;^ » •: DEED continued. of act to Her Majesty or predecessors, of nature mentioned in first section, to be re- gistered as in the second section mentioned, within one year from the passing of this act, (2nd August, 1361,) or in default, lands or ' interest in lands o ae person who executed the same, discha ^cd therefrom as to any subsequent purchaser or mortgagee, or re- ' gistered judgment creditor of such person of - v the same lands, for valuable consideration... 14, 16 V. c. 9, s. 5. By Sheriff, of Land Sold for Taxes before Ist January, 1851, to be registered by registrar according to act 6 Geo. IV., c. 7, ^ notwithstanding its repeal by 13 & 14 V. c. 66 16 V. c. 182, 8. 66. Registration of. Embracing Different Lots or parcels of land situate in different locali- ties in the same county, One Memorial only is necessary to be copied in the registry book for the city, &c., to the same extent only as if a separate memorial had been furnished in relation to the lands in such city, &c 16 V. c. 187, s. 5. Registration of, repeal of 9th section of 9 V. c. 34. Memorial of such deed made and executed in any place within Upper Canada other than the county in which the lands mentioned therein lie, to be registered. On production of Affidavit to registrar by one of the witnesses of the execution of the deed and memorial, and the place where executed 16 V. c. 187, s. 6. Memorial of, affecting lands in Upper Canada, but executed without Upper Canada, on what evidence to be registered 18 V. c. 127, s. 5. Of Conveyance to Trustees of certain Re- ANALYTICAL INDEX. 158 J. 9, s. 5. 82, s. 6i5. 187, 8. 5. 187, s. 6. 127, s. 5. 8 V. c. 15, s. 1. DEED continued. LiGious Societies, of land for the site of a church, meeting house, chapel or burying ground, made before passing of act, (25th March, 1828,) to be good and valid if al- ready registered, or hereafter registered within twelve months after the passing of this act 9 Geo. IV. c. 2, s. 4. Of Conveyance of Land for the site of a church, chapel, meeting house, burial ground and residence for their minister, may be made to The Trustees of any Religious Society or con- gregation of Christians and their successors, in perpetual succession Trustees op any Religious Society or congre- gation of Christians, within twelve months after its execution, to register it in the oflEce of the registrar of the county where the land is situate Heretofore Executed (to religious societies), for any of the uses, interests, or purposes of either of acts 9 Geo. IV., c. 2, and 8 Vic, c. 15, shall be as Valid and effectual, if the same he Registered within twelve months after the passing of this act (30th August, 1849), As if the same had been Registered within the time limited, by either of the said acts. Except in so far as they may be affected by the Prior Registration of other deeds or instruments relating to the same lands To Trustees of Religious Society, omission to register by the trustees in due time. This Act shall not extend to render invalid any right or title to such estate on account of Buch omission, but 20 8 V. c. 15, 8. 2. 12 V. c. 91, 8. 1. •t'.! fi' ii ii 1! 4 h 154 ANALYTICAL INDEX. DEED continued. Such right or title shall be taken and adjudged to be as if this act had not been passed 16 V. c. 126, s. 1. Registration of, on Sherief's Sale of land for non-payment of taxes, (see " Taxes,")... 16 V. c. 182, s. 65. Registration of Sheriff's Deed, sale of land for non-payment of taxes, before 1st Janu- ary, 1851, to be under 6 Geo. IV., c. 7, notwithstanding repeal of that act by 13 & 14 Vic, c. 66 16 V. c. 182, s. 66. DEVISE Registration of memorial of, in will, (see "Wills") 9V. c. 34, s. 6. Executed after January 1st, 1851, when ad- judged fraudulent and void against judg- ment creditors, as well as against subse- quent purchasers, &c 13, 14 V. c. 63, s. 3. DEVISEE May Register Will or Probate within twelve months from death of devisor, &c. Extension of time allowed to record will or pro- bate, where contested, or other inevitable difl&culty arises without his wilful neglect, &c., to within twelve months after will, &c., attained, or removal of the impediment 9 V. c. 34, s. 12. Provisions as to, under 12 section of 9 V. c. 34, judgment creditors, &c., bound by... 13, 14 V. c. 63, s. 3. DEPUTY CLERK OF CROWN Certificate, signed by him, may give to the - , party on whose behalf judgment is entered, or to his legal representative, Of Judgment entered, which may be registered in the registry oflSce of any county in Upper Canada 19 V. c. 43, s. 15. ANALYTICAL INDEX. DISCHARGE Op Registered Mortgage to be entered by re- gistrar as "discharged," on receipt of cer- tificate in form schedule A. to act Certificate of, by mortgagee, of payment, &c., under 35 Geo. III., c. 5, and of discharge under this act to operate as a reconveyance and release . .*. Executor or Administrator of deceased mort- gagee, when entitled to the Money secured hy the Mortgage^ &c., shall have power, On Payment of the principal money and interest due on the mortgage, or if the mortgage money shall have been paid to the testator or intestate in his lifetime, to convey re- lease and Discharge the said Mortgage debt and the legal estate in the land, and such executor or administrator shall also have The same power as to any •portion of the land, on Payment of some part of the mortgage debt, or on any Arrangement for exonerating the whole or part of the mortgaged lands without payment of money, and such conveyance, release and Discharge shall be as etfectual as if the same had been made by any person having the legal estate Of Registered Judgment against land may be discharged from registry of the county where the same is registered, on the Production to the Registrar of the county of a Certificate signed by the judgment creditor, or if more than one, by any one of them, his executors, administrators or assigns, to the effect of the form given in the section, 165 9 V. c. 84, s. 28. 9 V. c. 34, B, 24. i! 1 14, 15 V. c. 7, s. 8. :■!'■ V if;!? m 156 ANALTIIOAL INDEX. DISCHARGE continued. Such Certificate to be proved to the registrar by Affidavit of one subscribing witness thereto. Proviso, that discharge of registry of judgment may be in the manner now provided by law 20 V. c. 57, 8. 20. EVIDl R] ; i \% I ENROLLMENT Or Bargain and Sale, not needed for mere purpose of making it a valid conveyance for passing the lands 4 W. IV. c. 1. s. 47. EQUITY OF llEDEMPTION Mortgagee or his Assignee may take from mortgagor or his assignee, Release of, or may purchase the same under any power of salo in his mortgage, or any judg- ment or decree, Without thjrehj merging the mortgage debt as against any subsequent mortgagee or Registered Judgment Creditor of the same pro- perty 14, 16 V. c. 45, 8. 1. Prior Mortgagee or his Assignee, who shall take a release of the equity of redemption of the mortgagor or his assignee, or who shall purchase the same under any power of sale in his mortgage, or any judgment or decree, No subsequent Mortgagee or his assignee, and No registered Judgment Creditor shall be entitled to Foreclose or sell such property. Without redeeming or selling^ subject to such prior mortgagee or assignee in the same manner as if such prior mortgagee or his assignee had not taken, received, or pur- chased such equity of redemption 14, 15 V. c. 45, .2. Cc Ce Li M S !i!l;, |. )7, s. 20. , 1. s. 47. :. 45, s. 1. c. 45, . 2. A17ALTTI0AL INDEX. 167 EVIDENCE Required antecedent to Megistration of deed, conveyance or will 9 V. c. 84, a. 7' Seal of Corporation to any deed, &c., to be suflScient evidence of the duo execution of the deed, io., by such corporation, for the purpose of registry 9 V. c. 84, s. 29. Copy or Plan or Map of town or village ob- tained from registry office, Certified hy Registrar of county where deposited, shall be taken as evidence of the original plan and survey of such town or village, in all courts of record 12 V. c. 35, b. 42. Land Surveyor in Upper Canada taking evidence, and any document or plan pre- pared and sworn to before a justice of peace by any surveyor, mtli reference to any survey by him performed. May he filed and kept in registry office of county in which lands to which it relates shall be situate. Subject to he produced thereafter in evidence in any court of law or equity within Upper Canada. , Registrar entitled to Is. 3d. on receiving and filing, and Expense of filing to be borne by the parties in the same manner as other expenses of the survey 12 V. c. 85, s. 47. Registrar's Ci.utificate of registration to be evidence of the registry of deed, convey- ance, will or probate, in all courts of record in Upper Canada, notwithstanding any thitg in 9 V. c. 34 16 V. c. 187, b. 6. Power of Attorney, by grantor, in deed exe- cuted thereunder ; Memorial of, may be registered on the same evi- '*'*!lll MI 1 1 i ; \ 'M ^\ t, ' If! m t' 158 ANALYTICAL INDEX. EVIDENCE continued. dence as a memorial of a deed or convey- ance is now legally registered On which Memouial of deed, conveyance, will or power of attorney, affecting or relating to land in Upper Canada, but Executed or published out of Upper Canada, to bo registered 16 V. c. 187, 8. 7. 18 V. c. 127, 8. 5. EXECUTION OF DEED When no Memorial of deed or conveyance, (executed after Ist January, 1851,) shall have been duly registered. Then such Deeds or Conveyances shall be deemed and taken to bo valid and effectual both at law and in equity. According to the priority of time of execution... 13, 14 V. c. 08, s. 4. Under which Subsequent Purchaser or Mortgagee, for valuable consideration claims Before Registration in Queen's Bench, in To- ronto, of deed, &c., under which Crown debt is created. Crown Debt security not deemed valid or suffi- cient to charge or affect any lands, &c., of any person executing the same, or affected thereby, as against subsequent purchaser or mortgagee for valuable consideration of the same lands of such person, or against any subsequent registered judgment on the same lands, against such person or persons 14, 15 V. c. 9, s. 1. EXECUTION Against Lands, party having prior registered judgment, delaying or neglecting to put into the hands of the proper sheriff, for one year after entry of the judgment, effect of, to let ANALYTICAL INDEX. 159 EXECUTION continued. in unregistered judgment entered after pass- ing of the act EXECUTOR Of MomaAOEE or Admixistratoii of De- ceased MouTOAaEE, when entitled to the money secured by the mortgage, or who shall have assented to a bequest thereof, or shall have assigned the mortgage debt, shall have power, On Payment of the principal money and interest due on the mortgage, or if the mortgage money shall have been paid to the testator in his lifetime, To Convey, releam' and discharge the said mort- gage debt, and The legal estate in the land, and such executor or administrator shall also have The same po2ver as to any portion of the lands, on payment of some part of the mortgage debt, or on any Arrangement for exonerating the whole or part of the mortgaged lands without payment of money, and Such Conveyance, release or discharge shall be as efiectual as if the same had been made by any person having the legal estate ... . FEES For Registration, to be paid previously to, or registrar not compelled to register any deed, conveyance, will or other instrument For Certificate of Judgment, clerk of court in which obtained, to give, on payment of 2s. 6d Clerk of Queen's Bench entitled to, 9 V. c. 84, 8. 18. 14, 15 V. c. 7, 8. 8. 9 V. c. 34, 8. 27. 9 V. c. 34, 8. 13. 160 ANALTTIOAL INDEX. ' iM ''• '( FEES continued. For Registration of any such deed, bond, con- tract or other instrument, or release creat- ing or releasing Crown debts, 5s •••••«••••• Every Registrar in Upper Canada, allowed the following fees and no more : For drawing affidavit of execution of instrument and memorial brought to be registered, if done by the registrar or his deputy, includ- ing swearing and all certificates thereof, * 2s. 6d. recording every deed, conveyance, will, power of attorney or agreement, including all necessary entries and certificates, 6s. 3d. in case such entries and certificates exceed For But 800 words, at the rate for every additional 100 words, 8d. For registering certificate of jndgment, 2s. 6d. Satisfaction thereof, 2s. 6d. For entering certificate of payment of mortgage money, including all entries and certificates thereof, 2s. 6d. Drawing affidavit of the execution thereof, in- cluding the swearing of the witness, when done by the registrar or his deputy, 2s. 6d. For searching records relating to the title of any lot or parcel of land, not exceeding four references, Is. 3d. For every additional four distinct references, and so in proportion for every number of searches made. Is. 3d. 'A general search into the title to any particular lot, piece or parcel of land, not to exceed in any case the sum of 10s. For every extract furnished by the registrar, in- cluding certificate, Is. 3d. Where the same exceeds 100 words, for every 14, 15 V. c. 9, s. 4. m ANALYTICAL INDEX. 161 FEES continued. additional 100 words contained in such ex- tract or certificate, 9d 16 V. c. 187, s. 8. Book of Fees to be kept by every registrar of Upper Canada, in which he shall enter All the Fees and emoluments received by him as registrar, showing • Separately the sums nceived for registering memorials, certificates and other docu- ments, and for searches, and Shall make a Return of such fees and emoluments in detail to the Legislature annually 16 V. c. 187, a. 9. Registraf to take the following for services performed under this act : On Registering any certificate of a suit or pro- I ceeding in equity, 2s. 6d. On Registering any certificate of decree, 5s 18 V. c. 127, s. 7. Registrar entitled to, on registering certificate of sheriff 's deed or sale for non-payment of taxes. For Registry and certificate, Ss. 6d 16 V. c. 182, s. 65. To Eegistrar, for registry and certificate on sale for taxes, prior to 1851, (see 16 V. c. 182, s. m,) the sum of 2s. 6d 6 Geo. IV., c. 7, b.20. To Registrar, on recording map or plan of town or village in Upper Canada, The same as for the record of any other docu- ment which is by law required to be entered of record 12 V. c. 35, s. 43. To Registrar, for receiving and filing docu- ment or plan prepared by land surveyor in Upper Canada, in registry office, to be kept for production as evidence in court of law or equity in Upper Canada 12 V. c. 35, s. 47. Registrar of County, from which part is sepa- rated, entitled to receive, for furnishing statements of title to registrar of new coun- 21 nil in '! 4 Jti ,i: 162 ANALYTICAL INDEX. FEES continued. ties, the sum of Is. 3d. for every folio of 100 words contained in any such statement so furnished 14, 15 V. c. 5, s. 17. FILING Plan or Document prepared by land surveyor in Upper Canada, in registry office, to be kept for production as evidence in court of law or equity in Upper Canada 12 V. c. 35, s. 47. FINE Not Exceeding £100, court of oyer, &c., may, on conviction of registrar of misdemeanour, under act inflict on him 18 V. c. 127, s. 6. FORECLOSURE Judgment Creditor not necessary party to mortgagee's bill for foreclosure. Unless Judgment registered in registry office of county where lands are situate, Before the filing of the bill 18 V. c. 127, s. 2. Bill for Foreclosure of any registered mort- gage, does not require any certificate of registrar of the Court of Chancery to be re- gistered, in order to be deemed notice of such bill 18 V. c. 127, s. 3. Decree of Foreclosure in Chancery affecting any title to land. Shall and may he Registered by any person, in the county registry office, in the county \ where the land is situate. On a Certificate to be given by the registrar of the court, stating the substance and effect of such decree, and the lands affected thereby 18 V. c. 127, s. 4. ft ANALYTICAL INDEX. FORFEITURE Of Office by Registkar guilty of misdemea- nour, for refusing to deliver memorials, &c., under this act and under 10 V. c. 187, to registrar of county to which a part of his county has been or shall be attached 163 1. !• 18 V. c. 127, s. 6. 9 V. c. 34, s. 17. FORSWEARING Any Party, before registrar or deputy, or judge, commissioner, or other person au- thorised to administer an oath in eases aforesaid, on conviction, liable to same penalties as if taken in any court of record in the province Repeal of so much of the 17th section of the act 9 V. c. 34, as relates to the forging or counterfeiting of nny certificate, affidavit or memorial therein mentioned 10, 11 V. c. 9, s. 22. FRAUD Registrar or Deputy committing, &c., in exe- cution of office, on conviction, to forfeit office and to pay treble damages to party injured, &c 9 V. c. 44, 8. 21. FRAUDULENT AND VOID Every Deed, Will, &c., adjudged to be, which is made and executed of the lands, &c., con- tained in and after any memorial comprising the same or a part of the same lands, is on the register, against subsequent purchaser or mortgagee for valuable consideration, Unless a Memorial of such deed, will, &c., be registered, before the registering of the memorial of the subsequent purchaser's or mortgagee's deed Deed, Devise or other Conveyance, executed 9 V. c. 34, s. 6. '■ I 164 ANALYTICAL INDEX. \k ?| :| FRAUDULENT AND VOID continued. after 1st January, 1851, after grant from Crown and deed patent issued, not only fraudulent and void against subsequent pur- chasers, &c., but Against subsequent Judgmcr^ Creditor who re- gisters certificate of hi?? judgment, unless memorial be registered u ' Jer 9 V. c. 34, before the registering of the memorial of the deed, &c., or certificate of judgment under which such subsequent purchaser or judgment creditor, &c., claims 13, 14 Y. c. 63. s. 3. GOVERNOR May Remove Registrar from office on receiv- ing presentment of grand jury, to be made on the oath of one or more competent wit- nesses, that he refuses to keep his office in place appointed, &c 9 V. c. 34, s. 19. May Remove Registrar from office, ceasing to reside within county, or by sickness wholly incapable to discharge duties, on present- ment by grand jury 9 V. c. 34, 8. 20. May RexMOVE Registry Office, by proclama- tion, to such other place in county as he shall deem expedient 9 V. c. 34, s. 30. On Vacancy of Office of Registrar in either of the united counties of Lennox and Ad- dington, Prescott and Russell, Lincoln and Welland, may, in his discretion, divide said counties in which vacancy may happen, and appoint a registrar for each county separately. 9 V. c. 34, s. 34. Words "Governor of the Province," what to include 9 V. c. 34. s. 35. GOVERNOR IN COUNCIL May Release charge of Crown debts on lands ■J I ANALYTICAL INDBX. 166 GOVERNOR IN COUNCIL continued. and the order thereon to be registered with the clerk of the Queen's Bench 14, 15 V. c. 9, s. 3. GRANTEE, &c. When Witnesses are Dead, or permanently resident out of the province, may prove exe- cution of instrument at quarter sessions, and procuring certificate from chairman, &c., the registrar to record the deed with the said certificate 9 V. c. 34, s. 11. HOLIDAYS At Registry Offices in Upper Canada, Christmas, New Year's Day, Good Friday, I Ash Wednesday, Easter Monday, and the Queen's Birth Day , 16 V. c. 187, s. 13. INSTRUMENT Creating Crown Debt, clerk of Queen's Bench, in Toronto, on production of copy, certified by the proper officer having custody of same, to enter and register in separate book, which binds and charges lands from registry 14, 15 V. c. 9, s. 2. Creating Crown Debt and charging lands, the charge may be released by Governor, in Council, which release may be perfected by regisitration of order with the clerk of the Queen's Bench, in Toronto 14, 15 V. c. 9, s. 3. Fee of Five Shillings, payable to clerk of Queen's Bench, for registration of instru- ment creating or releasing Crown debt 14, 15 V. c. 9, s. 4. Creating Crown Debts made before the pass- ing of this act to Her Majesty or predeces- sors, of the nature mentioned in first section, to be registered as in the second section mentioned, within one year from the passing 1-i ' i! \r.k ' ' 5; Wv '!j\ u 166 ANALYTIOAL INDEX. ■n/x •I i .1 I is. 0, INSTRUMENT continued. of this act (2nd August, 1851,) or in de- fault, lands or interest in lands of the per^'on who executed the same, discharged there- from as to any subsequent purchaser, or mortgagee, or registered ju figment creditor of such person of the same lands, for valua- ble consideration 14, 15 V. c. 9, Registration or. Embracing Different Lots of land situate in diflFerent localities in the . same county. One Memorial only is necessary of, to be copied in tile registry book for the city, &c., to the same extent oiiiy as if a separate memorial had been funiisljed in relation to the lands in such city, &c. IG V. c. 187, s. 5. I '13 1 yii. i ■I R ^' ;, .if 9 V. c. 34, s. 35. INTERPRETATION Words " Upper Canada " to mean that portion of the Province which formerly constituted the Province of Upper Canada. Lower Canada, act not to apply to that portion of the Province formerly constituting Lower Canada. " Governor of the Province,'' to include the Lieutenant Governor, or person adminis- tering the government of this Province " County," in foregoing provisions of act shall mean any county or union of counties for which a separate registry ofl&cc is or shall be required by law to be kept 16 V. c. 187, s. 11. IDENTITY Of Deed, Will, &c., Executed out of Limits OF Upper Canada, with the deed, &;c., re- ferred to in aflSdavit or aflBrmation taken bef ore j udge, &c., to be proved by certificate i ANALYTICAL INDEX. 167 IDENTITY contiiiued. of judge, &c., indorsed on deed, &c., before memorial shall bo registered 9 V. c. 34, s. 10. INDEX Registrar to Prepare Alphabetical Index of entries in separate book of registries of certificates of judgment after passing of act, 10th August, 1850 13, 14 V. c. 63, s. 9. To Accompany Statement of Titles, &c., fur- nished by registrar of one county to regis- trar of another, or detachment of parts from one and attachment to another county, &c. 16 V. c. 187, s. 2. JUDGE OF COUNTY COURT. Certificate now given by provincial secretary in and with regard to registry book to be given by, in form or effect of, in schedule to act JUDGMENT Entered up in any Suit or Action in any court of record in Upper Canada, whereby any lands, tenements or hereditaments within the same are or may be affected, plaintiff or defendant or attorney may obtain certificate of from cle*: of the court on payment of 2s. 6d. Registrar or De'puty of county where lands lie belonging to the party against whom the judgment is entered, on receipt of certificate under signature of clerk and seal of court to record same. To bind the Lands, tenements and hereditaments from the date of recording in the county wherein such lands, &c., lie. Unregistered Judgment entered after the passing 16 V. c. 187, s. 3. ^m I : c , 168 ANALYTICAL INDEX. ;K .; ■■ H 1 U V. c. 34, s. 13. V. c. 34, 8. 23. JUDGMENT continued. of this act, to take effect against a prior registered judgment, unless the party who shall have the first registered judgment shall neglect or delay the putting his execution against lands in the hands of the proper sheriff for one year next after the entry of the judgment Discharge op any Reglstered Judgment, to be entered by registrar as "discharged" on receipt of satisfaction piece under seal of court where judgment entered and signed by clerk Registered Before the Passu, j op this Act ; the party in whose favour the same shall have been rendered, may require the registrar of any county to mark on the margin of such registry, and sign the same. "Registered this day of A.D. Eighteen And such entry of registry shall have the same effect from such date as if it had been registered under this section 13, 14 V. c. 63, s. 1. Estate, Right, Title or Interest, which, under the 5th section of this act, might be validly conveyed or assigned by any party Shall be bound by the Judgments of any court of record, and shall be liable to seizure and sale under any writ of execution, &c 12 V. c. 71, s. 13. Entered up in any Court of Record in Upper Canada, after 1st January, 1851, shall ope- rate as A Charge so soon as a certificate of such judg- i ment shall have been duly registered Upon all Lands, tenements and hereditaments within the county where certificate register- ed of, or to which such person shall, at the time of registering such judgment, or at ANALYTICAL INDEX. 63, 8. 1. 1, 8. 13. 169 JUDGMENT continued. any time afterwarda, be seized, possesf^ed, or entitled for any estate or interest at law or in equity, in possession, reversion, remainder or expectancy, or over Avhich he shall then or thereafter have any disposing power which he might without the assent of any other person exercise for his own benefit. And Shall be Binding against the person against whom j'' Igment shall be so entered up and registered, And against all Persons claiming under him after such judgment and registry, And shall also he Binding against the issue of his body and all other persons whom he might without the assent of any other person cut off and debar from any remain- der, reversion or any other interest in or out of the said lands, &c. Judgment Creditor shall have Same Remedies in a court of equity against the heredita- ments so charged by virtue of this act, as he would be entitled to in case the person against whom such judgment shall have been entered up and registered had power to charge the same hereditaments, and had by writing, under his hand, agreed to charge the same with the amount of such judgment debt and interest. Judgments Valid and Effectual according to the priority of registering such certificates 13, 14 V. c. 63, s. 2. Recovered after January 1st, 1851, a certifi- cate whereof shall be duly registered, shall be deemed and taken as good in law and equity. According to the Priority of the time of regis- tering of such certificate 13, 14 V. c. 63, s. 4. 22 ■ 1^ 1 :„j l\ :i 170 ANALYTICAL INDEX. 18, 14 V. c. 63, s. 9. 14, 15 V. c. 0, s. 1. JUDGMENT o.ontlmied. Registration op Certificate or judp^inont deem- ed to be registry of judgment 13, 14 V. c. 63, s. 7, Registered under 9 V. o. 34, or this act affect- ing any lands, registry to be Notice in Equity to all persons claiming any interest in suub lands, &c., subsequent to such registry 13, 14 V. c. 63, s. 8. CERTincATE OF, REGISTRAR TO Entkr iu sepa- rate book, after passing of act (lOtb August, • 1850) ,'. Subsequent, Registered, Grown Debts not TO BE Valid against, unless a copy of the security to the Crown, certified by the pro- per officer having the custody of the same, shall be registered in the office of the clerk of the Queen's Bench, in Toronto, before the registry of such subsequent judgment... Of Court of Record in Upper Canada not to create a lien or charge on any lands, tene- ments or hereditaments in Upper Canada, or upon any interest in lands that arc now (the act came into operation on Ist July, 1855), or hereafter may be liable to seizure or sale on any execution against lands. Until Registered in the manner now provided by , law for registering judgments In the Registry Office of the county in which such lands are situate 18 V. c. 127, s. 1. Not Registered in Registry Office of county where lands lie, before the filing of bill of foreclosure by mortgagee. Judgment Creditor not a necessary party to bill of foreclosure by mortgagee 18 V. c. 127, s. 2. Entered of Record before, as well as after the passing of act, (1st July, 1855,) act to apply to 18 V. c. 127, 8. 8. ANALYTICAL INDEX. 171 •20 V. c. 5U, 8. 10. JUDGMENT i'ontinued. Chancery Dkcreeh oh Order,«« registered, to have the same eftect as the registry of a judgment Deputy Clerk of Crown who shall enter up in either of the superior courts, may give to tlie party on whose behalf it is entered, or his legal representative, A Certificate of the judgment, signed by him, which May he Reyistered in the registry oflSce of any county of Upper Canada, and shall have the like force and effect as A charge upon Lands, &e., situated within such county as if the certificate had been grantt^d at the principal office in Toronto 19 V. c. 43, s. 16. Clerk of County Couht Nvho enters up any judgment in either of the said (county) courts, may give to the party on whose be- half it is entered, or to his legal representa- tive, A Certificate, signed by him, of such judgment, containing the like particulars as are re- quired in certificates of judgments given by the clerks of the Crown and Pleas, and such certificate May he Registered in the registry office of any county in Upper Canada, and the same Certificate and Registration thereof shall have the like force and effect in binding or ope- rating as a Charge on Lands, kc, situate within such county, as if the certificate had been grant- ed by a clerk or deputy clerk of the Crown 19, 20 V. c. 90, s. 7. Registered against Land in any county, shall Cease to be a Lien or Charge upon the land of the party against whom the judgment has i ■I' It: ■r u 17J ANALYTICAL I.VDRX. m JVmMENT ronfinne,/. been rendorpil, or any one olaimin/; untlcr hitn In Three Yearn after wuch judgment hiis heen registered, or Within Om- Year after the pnasing of this net (10th June, 1857,) such judjrinent Shall he Re-registered, und Such Lien or Charge shall cease whenever the period of three years shall at any time he ^ allowed to elapse without a further re-re- * gistry JIeoistered against Land shall and may he Discharged from the registry of the county where the same is registered, on the Prodnotio7i to the Registrar of such county of a Certificate, signed by the judgment creditor, or if more than one, by any one of them, his executors, administrators or assigns, to tlu» effect of the form given in the section. Proof of such Certificate to the rcgistvar shall be by the Affidavit of one subscribing witness, who has witnessed the execution of such rertificate, which may be taken before any person be- fore whom the registry of any deed or other instrument can be taken. Proviso, that Registry of Judgment may al-»o be discharged in the manner now provided by laAV 20 V. c. 4;i, s. 15. 20 V. e. 57. s. 20 JUDGMENT CREDITOR Remedies of, in Equity, against hereditaments charged by virtue of this act, the same as he would be entitled to in case the person against whom such judgment shall have been entered up and registered, had power ANAFiYTICAL INDRX. 178 jriXJMRNT CREDrTOH 3, 8. 3. JriJUMKNT Reoisterki), freed and discharged from dee fli \l ANALYTICAL INDEX. 175 LAND continued. of a church, meeting house, chapel, or burying ground 9 Geo. IV., c. 2, s. 1. Trustees of Certain Religious Societies to register in the office of the registrar of the county where the land lies, within twelve months after execution, the deed of land held for the site of a church, meeting house, chapel, or burying ground 9 Geo. IV., c. 2, s. 3- Any Religious Society or congregation of Christians requiring land for a church, chapel, meeting house, burial ground and residence for a minister, may have con- veyed to trustees and their successors, in perpetual succession. To be Registered by the trustees within twelve months after execution of the deed, in the office of the registrar of the county where the land is situate Judgment Affects and Binds, &c., belonging to party against whom judgment is rendered from the date of the recording of the same, in the county wherein such lands, &c., lie. No Unregistered Judgment, entered after the passing of the act, shall take effect against a prior registered judgment, unless the party who shall have the first registered judgment, shall neglect or delay the putting his execution against lands, into the hands of the proper sheriff for one year next after the entry of such judgment Any Estate, Right, Title, or Interest in Land, which, under the 5th section of this act, might be validly conveyed or assigned by any party. Shall he Bound hy the Judgments of any court of record, and shall be liable to seizure and 8 V. c. 15, s. 1, 2. 9 V. c. 34, 8. 13. .i:H % M Hit \ m\ p ffl ■ s ^' M fe 5 i ^ : :]|; ; ^1; >f , 17t) ANALYTICAL INDEX. 12 V. c. 71, 3. l;3 13, 14 V. c. H3, s. -2. LAND continued. sale under any writ of execution against such party, in like manner and on like con- ditions as lands of such party are now by law liable to seizure and sale under execu- tion, and The Sheriff Selling the same- may (Jonvey and assign the same to the purchaser in like manner and with like effect as such party might himself have done Judgment entered up in any court of record in Upper Canada after January 1st, 1851, to be a charge on land in county where cer- tificate registered, so soon as a certificate of such judgment shall have been duly regis- tered V Legal Estate in Land Mortgaged in whole or part of land, may be conveyed by exe- cutor of deceased mortgagee entitled to receive mortgage debt, &c., on payment of debt, or without payment, on arrangement for exonerating the whole or part of the land The 13th Sec. of 12 V. c. 71, shall extend and be applied to any estate, right or title, or interest in lands which may be disposed of by deed under the oth section of this act 14, 15 V. c. 7 When Charged with Crown Debts, as against subsequent purchaser and mortgagees, for valuable consideration and judgment cre- ditors 14, 15 V. Charged with Crown Debts, from and after registration of the deed, &c., under which created, with clerk of Queen's Bench, in Toronto 14,15 V Charged with Crown Debts, Governor in Council may release by order, on registra- 14, 15 V. c. 7, «.. 8. c. 1», s. 1. 9, P. ANALTTIOAL INDEX. 177 LAND continued. tion of which with clerk of Queen's Bench, they shall be released 14, 16 V. c. 9. s. 3. Or Interest in Lands, of person who shall have executed such deed, bond, contract, or other instrument, (creating Crown debts,) Made before the Passing of this Act, Discharged from the same, As to any Subsequent Purchaser or Mortgagee, or Registered Judgment Creditor of such of the same lands, for valuable consideration, Unless such Deed, &c., of the nature mentioned in the first section of act Shall be Registered in the manner in the second . section mentioned, Within One Year from the passing of this act, (2nd August, 1851) 14, 15 V. c. 9, s. 5. Deed of Real Estate made and executed by or in favour of the corporation named " The Connexional Society of the W^esleyan Me- thodist Church in Canada," (except leases for a term not exceeding nine years,) Shall be duly Registered within twelve calendar months after the making and execution thereof, otherwise void and of no effect... 14, 15 V. c. 142, s. 5. Title to, included in Deed to Trustees of Religious Society, gained by reason of their omission to register in due time, -iot to be affected by act 16 V. c. 126, s. 1. Registration by Commissioner of Crown Lands of assignments by original nominee, &c., how and on what evidence effected (see " Commissioner of Crown Lands") 16 V. c. 169, s. 7. Duties of Commissioner of Crown Lands to ex- tend to thj registration of assignments of all claims heretofore located or located hereafter. Unconditional, all such assignments to be 16 V. c. 159, s. 8. 28 \i\U I l!;)| ^1 ::i 178 ANALYTICAL INDEX. LAND continued. Registration of Sheriff's Deed of sale of, for non-payment of taxes (see "Taxes") 16 V. c. 182, s. 65. Sheriff's Deed of Sale for non-payment of Taxes before 1st January, 1851, to be under 6 Geo. IV. c. 7, notwithstanding repeal of * that act by 13 & 14 Vic. c. 66 16 V. c. 182, s. 66. One Memorial only necessary of deed, mil, or other instrument embracing different lots of, in diflFerent localities in the same county ... 16 V. c. 187, a. 5. *TiTLE OF OR Interest in Land affected by decree in Chancery, where and how decree to be registered (see "Decree") 18 V. c. 127, s. 4. Evidence on which memorial of deed, convey- ance, will, or power of attorney affecting or relating to, in Upper Canada, but executed or published out of Upper Canada, to be regis- tered 18 V. c. 127, s. 5. Certificate and Registration of certificate given by Deputy Clerk of the Crown of judgment entered, operates as A Charge on Lands, &c., situated within the county where registered, as if the certificate had been granted at the principal oflSce in Toronto 19 V. c. 43, s. 15. Charge on is made by Registration of Certificate of judgment given by Clerk of County Court 19, 20 V. c. 90, s. 7. Decree or Order in Chancery may bind by registration. Registration of Decree, &c., how to effect in order to bind 20 V. c. 56, s. 10. Court of Chancery may confine the effect of registration of decree or order to specified property proved to be suflBcient Registration of Decree, tc, containing such restriction 20 V. c. 56, s. 11. ANALYTICAL INDEX. LAND continued. Sale oi , may be ordered by Court of Chancery in any proceedings in the same cause, where decree or order is registeied, creating a charge on lands for the satisfaction of the money ordered to be paid by the decree, &c. Judgment Registered ceases to be a Lien or charge on, in three years after registration, or one year from passing of act (10th June, 1857), unless re-registered (see "Re-regis- tration") How Discharged from registered judgment ... 179 20 V. c. 66, s. 12. 20 V. c. 57, s. 19. 20 V. c. 57, s. 20. LAND SURVEYOR To Certify with the original owner of site of town or village, or representative of owner, that map or plan deposited with registrar is a Correct Map or Plan of the same Evidence taken by Surveyors in Upper Canada, and Any Document or Plan prepared and swf :n to as correct before a J. P. by any Surveyor, with reference to any survey by him per- formed, May be Filed and kept in the registry office of the county in which the lands to which it relates shall be situate, Subject to be produced thereafter in evidence in any court of law or equity within Upper Canada. Fee of one shilling and six-pence, registrar enti- tled to, for receiving and filing. Filing map or plan, expense of shall be borne by the parties in same manner as other expenses of the survey 12 V. c. 35, 8. 42. 12 V. c. 35, 8. 47. 180 ANALTTIOAL INDEX. LEASE For a Term not exceeding Twenty-one Years, where actual possession goes along with it, act not to extend to 9 V. e. 34, s. 18. li! i II i LEGAL ESTATE Executor of deceased Mortgagee entitled to receive mortgage debt, &c., May Convey on payment of mortgage money, or without payment, on arrangement for exon- erating the whole or part of the mortgaged premises, which shall be .4; effectual as if made by any person having the legal estate 14, 15 LIEN JUDGMENT OF ANY COURT OF RECORD in Upper Canada not to create a lien or charge on l9,nds or interest in lands now or hereafter liable to seizure or sale on execution Judgment Registered ceases to be a Lien or charge on land of the party against whom rendered or any one claiming under him In three years from Registration, or one year from passing of act unless re-registered. (See " Re-registration.") ^ c. 7. s. 8. 18 V. c. 127, s. 1. 20 V. c. 57, s. 19. LOWER CANADA Affidavits of Execution of deed, conv* vance or will, or of any certificate of payment of mortgage money executed or published or made in, before whom to be made 18, 14 V. c. 63, s. 5. Assignment o? Crown Land Locations, execu- ted before notaries, &c., in Canada, when sufficient for registration by Commissioner of Crown Lands ItJ V. c. 159, s. 8. ANALYTICAL INDEX. MAP OR PLAN Of Land Surveyed and subdivided into village or town lots to be lodged with registrar with a declaration that it con- tai'is a true description of the lots and streets laid out Of Town or Village site to be made and de- posited by owner, &c., in Registry Office of county where such town or village is situate, iVitJiin one Year from passing of act, on a Scale not less than an inch to every four chains, which map or plan shall be Certified by some land surveyor, and by the original owner or his legal representative as a Correct Plan or map of the same, and every Copy thereof obtained from such registry office and certified as correct by the registrar of such county shall be taken as Evidence of the original plan and survey of such 181 -I : . 9 V. c. 34, 8. 33. town, &c., in all courts of record Deposited of site of town or village in registry office. Registrar's duties thereon Document or Plan prepared by lai d surveyor in Upper Canada, may, on being sworn to by such surveyor before a J. P., be Filed and Kept in the registry office of the county in which lands to which it relates shall be situate. Subject to be Produced in evi lenco in any court of law or equity in Upper Canada Of Town anp Village Lots, on city, town, &c., being detached from one county, and at- tached to another, to be delivered by regis- trar of first county to registrar of second county 12 V. c. 35, s. 42 12 V. c. 35, s. 43. 12 V. c. 35, s. 4''. 15 V. c. 187, s. 1. ••-t,- ...»^ 182 ANALYTICAL INDEX. MAP OR PLAN continued. Registrar of county, &c., from which city, &c., detached, in addition to books and plans mentioned in Ist section of 16 V. c. 187, To Deliver to registrar of county to which the same has been or shall be attached. The Original Memorials of all deeds, wills and other conveyances of or relating to any lands within such city, &c., And on Refusal to Deliver same as in 16 V. c. 167, or in this act mentioned, Within Three Months after a demand in writing has been made upon him therefor by the registrar (of the county to v^hich the city &c., is attached), Deemed guilty of a Misdemeanour ^ and on con- viction thereof, before any court of Oyer and Terminer and general gaol delivery, Shall Forfeit his Office and be liable to a fine in the discretion of the court, not exceeding one hundred pounds MEMORIAL Certificate of Siiehiff Substituted for me- morial of conveyance by sheriflf, on sale for non-payment of taxes, (prior to 1851, See 18 V. c. 127, 8. 6. u 16 V. c. 182, s. 66.") 6 G. IV. c. 4. s. 19. May be Registered at the election of the party or parties concerned, of deeds and wills, made after the grant from the Crown. After any Memorial is so Registered, every deed, will, &c., made, &c., of the lands, &c., com- prised in, to be fraudulent and void against subsequent purchaser or mortgagee for valu- able consideration unless a memorial of it be registered before the registering of such purchaser's, or mortgagee's deed. / .1 ANALYTICAL INDEX. MEMORIAL continued. Of Further Mortgage (whether legal or equitable) to first mortgagee, shall be registered before it shall prevail against a second mortgagee of the lands, or part of, in first mortgage. Every Memorial to be Entered and Regis- tered, to be put in Avritiiig and brought or transmitted to the office. Of Deeds and Conveyances to be under Hand and Seal, of some or one of the grantors, or some or one of the grantees, his or their heirs, executors, or administra- tors, guardians or trustees, Attested by two Witnesises, one whereof to be one of the witnesses to the execution of the deed or conveyance, which Avitness shall, on oath, (except where otherwise provided for by act,) before registrar or deputy or judge of Q. B., or of a district (now county) court, or commissioner of Q. B. in U. C, prove the signing and sealing of such memorial, and the execution of the deed or conveyance mentioned in memorial. Of Wills, to be Under the Hand and Seal of some or one of the devisees, his or their heirs, exe- cutors or administrators, guardians, or trus- tees. Attested by ttvo Witnesses, one whereof shall, upon oath, before either of the parties aforesaid, prove the signing and sealing of such memorial. Certificate to be Indorsed on back of memorial and signed by party who admhiisterod onths Of Deed, (Jonveyance or Will to contain The Day of the Month md Vear whPH fieedj &c., bears date. The Names and Additions of all the par ties to 188 V. c. 34, s. 6. 9 V. c. 34, 8. 7. 9 V. c. 34, s. 7. I ■ ( 11 !> ' ^1 184 ANALYTICAL INDEX. R 'yi i "m mi MEMORIAL continued. sucli (Iced, conveyance or will, or the devi- sor or testator of s\;v h will (as mentioned or set forth in such deed, conveyance or will,) and Of all the Witnesses to such deed or conveyance, and The Places of their Abode, and Shall Express or 3Iention the Lands, tenements or hereditaments contained in such deed, will or conveyance, and 27ie Names of all the Townships or parishes within the said county or counties, riding or ridings where any such lands, &c., are lying or beiug, that arc given, granted, conveyed, devised, or any way affected or charged by any such deed, will or convey- ance, or to the same effect. iSuch Deed, Conveyance, or Will or Probate of the same of u!il*:}i sucli memorial is to be registered, shall, (>c; Produced to the Jieijidrar or his deputy at the time of entering iuch memorial, who shall Indorse a Certificate on every such deed, Sac, and therein mention the certain day, hour and time on which such Memorial is Entered and .Registered, expressing also in what book, page and number the same is entered, and that the Registrar or his deputy shall Sign the said Certificate when indorsed, which certificate shall be taken and allowed as Evidence of such Registries in all courts of re- cord whatsoever And every Page of such register book, and Every Memorial that shall be entered therein shall be numbered, and 9 V. c. 34, 8. 8. I. ANALYTICAL INDEX. 185 MEMORIAL contiti ued. The Day of the Month and the Year and UouVy or time of the day when Every Memorial is Regiateredy shall be entered in the Margins of the mid Register Books, and of the said memorial. And every Registrar shall keep an alphabetical calendar of all townships and parishes within the said county or coiintio nf^ or ridings, with reference to the Number of every Memorial that c< .e lands, tenements or hereditameii m t ery such township or parish respectively, and of the names of tho parties mentioned in such memorial, and the said registrar shall Enter or Register the said Memorials in the same order that tli-'y shall respectively come to his hand Op Deed, Conveyance or Will, Executed, &C., WITUOUT THE LiMITS OF UpPER CaNADA, to be registered upon production of certain evidcpco. Not to be Registered unless the deed, &c., to which it relates is identified as that referred to in affidavit or affirmation, by a certificate indorsed thereon, under the hand of the judge or commissioner or other person be- fore whom the affidavit or affirmation was made or taken Or Deed, Devise or Conveyance, Executed AFTER January 1st, 1851, after any grant from the Crown and deed patent issued thereof to be registered, Before the Registering of the Memorial of the deed, devise or conveyance under which subsequent purchaser or mortgagee claims, 24 9 V. c. 34, B. 8. 9 V c. 34, 8. 10. ,,..,. 'M\ IMAGE EVALUATION TEST TARGET (MT-3) -J^.**!-^ 1.0 I.I |50 '■^" m^H •^ 1^ 12.2 :£: uo |zo IMIi U '•25ir-^ii^ ^ 6" ► m '4' Photographic Sciences Corporation 23 WBT MAIN STRIlT WiBSTH.N.Y. MStO (716) •72-4503 ^.^" '^ j 186 ANALYTICAL INDEX. UmiOBlAL continued. :">r^ Or before the Registering of the Certificate of Judgment under "which judgment creditor claims, Or such Deed, Devise or Conveyance adjudged Fraudulent and Void against such subsequent mortgagee or judgment creditor, Subject as to Devisees, to the 12th section of the ' ' ■ 9V. c. 34. - =-- ^^'^-^ ...^:.^... . • ■ Equitable Mortgagees, rights of, as recoguised in Court of Chancery, not to be affected... 13, 14 V. c. 63, s. 3. Registered, of Deed Executed after January 1st, 1851, good and effectual in law and equity, according to the priority of the time of registratiwi 13, 14 V. c. 63,8.4. One only Necessary to be Furnished of any deed, will or other instrument, embracing Different Lots or parcels of land, situate in Different Localities in the same county, To be Copied into the registry book for the city, town, township or place in which the differ- ent parcels or lots of land are situate, ' In the same Manner and to the same extent only As if a Separate Memorial had been furnished in relation to die lands situate within such city, town, township or place respectively, and Registrar to make the necessary entries and cer- tificates accordingly. Qert^cate of Registry of one only, to be allowed or charged for, and in counting folioes to be \ charged for, the marginal certificates, notes, or references shall not be included 16 V. c. 187, s. 5. The 9th Section of 9 V. c. 34, repealed. Shall be Entered and Registered by the regis- "' trar or his deputy, ■ Of any such Deeds, Conveyances, Wills or Pro- ANALYTICAL INDEX. 187 }l[EillOBlAL continued. < » ^ ' bates as shall be made and executed or pub- lished in any ^.dce * i Within Upper Canada, other than the county in which the lands mentioned therein lie, r' ' Provided an Affidavit, sworn before one of the judges of the superior courts of common law • or equity in Upper Canada, or a judge of any county court within his county, or a , ■ commissioner in the Queen's Bench or Com- mon Pleas in Upper Canada, be brought to the registrar or his deputy, wherein One of the Witnesses to the execution of such ^ deed or conveyance Shall Swear to the execution of the same, as also of the memorial thereof, and to the place , where the same were executed, and In case of Wills, one of the Witnesses to the memorial of such will or probate thereof Shall Swear to the execution of such memorial 16 "V. c. 187, s. 6. Registrar thereupon or his deputy to give , the party who brings such deed, &c., and affidavit A Certificate of the Registering of the same, which, signed by the registrar, or deputy, shall be taken and allowed As Evidence of the Registry of the same, in all courts of record in Upper Canada, notwith- . standing any thing in 9 V. c. 34 16 V. c. 187, s. 6. Registration of Memorial of Letter or ♦ Power OF Attorney from grantor in deed executed thereunder, may be A a In the same Manner and on the same evidence as a memorial of a deed or conveyance is now legally registered 16 V. c. 187, s. 7. Of any Deed, Conveyance, Will or Power OF Attorney affecting or relating to any ..' v m' ip p,!.;;'l ;: >l ; lii -4 188 ANALTTIOAL INDEX. .'» f i.r: MEMORIAL continued. lands, &c.y in Upper Canada, which shall - ' have been or may be hereafter . • ' Executed or Published in any place without i m Upper Canada, 4S%a?Z 5e ^&^z«£erec2 by the registrar or his deputy of any county in which such lands are situate, ' Either on the Evidence already required by law, -'-J'- ■ ^ ._- - Or on an Affidavit sworn before any judge of eitherof the superior courts of common law or . i equity in Upper or Lower Canada, or be- fore any judge of the county court in Upper Canada or circuit court in Lower Canada, or a commissioner authorised to take affida- - vits in Upper or Lower Canada, by any of ^ the superior courts of common law, or the registrar or deputy registrar of the county in which such lands are situate, wherein '^■- One of the Witnesses to the execution of such "• '• deed, will, conveyance or power of attorney, i ^ !'. shall • I /Swear .:.^^ :i,.^..,s..h Registrar guilty of, who refuses, on detachment of city, &c., from his county, to deliver ori- ginal memorials, &c., under this act, and > ,;j maps, &c., under 16 V. c. 187, to registrar of county to which city, &c., attached, and on conviction, shall forfeit his office, and be 1 - It* ■ "> -',' rn^^y. i r 1 '■} ' li : i i ■■| , 1 !>] m\ I i;1 t.: ; ! t, ' li' 190 ANALYTICAL INDEX. MISDEMEANOR continued. ^ ,> i u liable to a fine, in discretion of the court, not exceeding one hundred pounds 18 Y. c. 127, s. 6. MORTGAGE , DiSCHABaE OF ANY ReOISIERED MoRTQAGE tO be entered by registrar as " discharged," on receipt of certificate in form schedule A. to act 9 V. c. 34, s. 23. Certificate, Executed IN Lower Canada, OF Payment of Mortgage Money, aflfidavit of execution before whom to betaken 13, 14 V. c. 63, s. 5. Executor or Administrator of Deceased Mortgagee, when entitled to mortgage money, may, on payment, &c.. Convey,, Release and Discharge debt and legal estate in lands as to whole or part 14, 15 V. c. 7, s. 8. MORTGAGEE In Foreclosure Bill, judgment creditor not a necessary party to. Unless Judgment Registered in registry oflfice of county where lands are situate, Before the Filing of the bill 18 V. c. 127, s. 2. Rights of Equitable Mortgagees as now recognised in Court of Chancery in pro- vince, not to be affected by 13, 14 V. c. 63, s. 3. To GIVE Purchaser of Mortgagor's Interest in real estate, under execution, on Payment of Mortgage Money to him, if required, A Certificate of Payment and satisfaction of \ mortgage in form schedule A. to act. v V Registrars to act on certificate to the same ex- tent as if the same had been given by the ' mortgagor, his heirs, &c 12 V, c. 73, s. 2. Executor or Administrator of Deceased Mortgagee, when entitled to the money : ; .^c / ANALTTXOAL INDEX. 191 ll! MORTGAGEE continued. 1 secured by the mortgage, or who shall have ' assented to a bequest thereof, or shall have assigned the mortgage debt, such executor or administrator shall have power. On Payment of the Principal Money and inter- est due on the mortgage, or if the mortgage < ' money shall have been paid to the testator or intestate in his lifetime. To Convey, Release and Discharge the said mortgage debt, and The Legal Estate in the Land^ and such execu- tor or administrator shall also have The same Power asto any Portion oiihQhxA'A on Payment of some Part of the mortgage debt, or on any Arrangement for Exonerating the WJiole or Part of the mortgaged lands without pay- ment of money, and Such Conveyance, Release or Discharge shall be as effectual as if the same had been < ' made by any person having the legal estate 14, 15 V. c. 7, s. 8. Of Freehold or Leasehold Propertt, or his assignee, may take and receive from mortga- gor or his assignee i A Release of the Equity of Redemption in such property, or to • > Purchase the same under any power of sale in . ^ his mortgage, or any judgment or decree, Without thereby Merging the mortgage debt as > against any subsequent mortgagee or Registered Judgment Creditor of the same pro- > . j . • , v perty 14, 16 V, o. 45, s. 1. Priority op Claim which any mortgagee or judgment creditor shall or may have or be - :• entitled to, under any act in force relating r "i J to the .-..'■: . j'i ^--i^ '• ■■- 'n-. :-^ ..v« /. . i •■■".., il? .*:';t^* :>■•;;. ■m u 192 ANALTTIOAL INDEX. MORTGAGEE continued. Begiatry of Titles to Land, this act shall not be construed to affect 14, 16 V. c. 46, s. 8. After any Memorial is on the Reqistek, who registers a memorial of his mortgage , ; , deed, prior to the registration of a deed of ^ . earlier date than his own, such non-regis- tered deed of earlier date adjudged fraudu- lent and void against mortgagee for valua- ble consideration. -> , Fir%t Mortgagee to register memorial of further mortgage to him (whether legal or equita- ble), or it will not prevail against a second mortgagee of the same lands. Second Mortgagee of lands or part of, included , .. ■ in first mortgage, not to be affected by fur- ther mortgage to first mortgagee, if further mortgage not registered Subsequent Crown Debts not to be valid . against, unless a copy of the security to the - v Crown, certified by the proper officer hav- fi ing the custody of the same, shall be regis- tered in the office of the clerk of the Queen's < - r Bench, in Toronto, before the execution of the deed, &c., of such subsequent mortgagee 14, 15 V. c. 9, s. 1. Subsequent to Deed, &c., to Her Majesty, creating Crown debt, discharged from, un- less such deed, &c., is registered, as in the ; v n/^^ second section mentioned, within one year from passing of act, (2nd August, 1851,)... 14, 15 V. c. 9, s. 5. 9 V. c. 34, 8. 6. i\ j^ •iV*';'' MORTGAGOR The Word " Mortgagor " has been substituted for " mortgagee," in the last line of the pro- viso at the end of section 24 of 9 V. c. 34, m error. \t^Kr- ;•• Section 24 of 9 V. c. 34, refers to what, and the ■•'lilVkt^ (•■ J5^ ry. I ANALTTIOAL INDBX. 198 MORTGAGOR continued. ., [ ! j - K true effect of proviso at the end ofitde- >* i i Glared 10, 11 V. c. 16, s. 1, 2. Purchaser of Interest of, in Real Estate, ' , ' • UNDER Execution, on payment of the mortgage money to the mortgagee, his heirs . ' •• or assigns, shall, if required, give to the ; '"; • purchaser, &c., ■ . i ' A Certificate of Payment or satisfaction of such 'i mortgage, or of the performance of the con- dition of the same, which may be in the ik> ' t\ form and to the effect of schedule A. to act, * ■ "; and which . «^ ' ' >' Certificate shall be of the like effect, and shall *' I be acted upon by all .. .^> *• • . . . V ..^Vli .Registrars and others to the same extent as if .« ^ j u the same had been given to the mortgagor, J - 'i his heirs, &c 12 V. c. 73, s. 2. MUNICIPALITY OF COUNTY . >! -i. Liable to Pay Registrar cost incurred by A ' him for registry books, which treasurer of r'sx- county refuses or neglects to supply him .? .*: with 16 V. c. 187, s. 3. NOTARY lif/t Assignment of Crown Land Locations, exe-.i^^''* ' .m^H cuted before notaries in Lower Canada, '■< i(ji;,)i :>/' when sufficient for registration by Commis- ».iUfr)T. sioner of Crown Lands 16 V. c. 159, s. 8. ii^J.^'^.Jyf/^ ". ;.,.... , •'-!;n-;f.-f,j NOTICE i^^ ?/;^J^ril-; .MMHlO'^O Nothing herein Contained deemed or taken r.-> « .'. .; to alter or affect any doctrine of courts of •' -/tj'CKI equity, whereby protection is given to pur- chasers, for valuable consideration, without notice 13, 14 V. c. 63, s. 2. 25 ■'! :t E : ,'.1 I I.; iii' i'^i . J: NOTICE cow«tnM«(i f In Equity, RBonrrBAMos of Dbsd, conveys ance, mil or judgment, registered under 9 V. c. 84, or this act, affecting any lands, to be notice to all persons claiming any in- terest in such lands or tenements subsequent to such registry 18, 14 V. c. 63, s. 8. Filing of any Bill, or taking any proceedings in Chancery, in Upper Canada, in which any .' -, ^■^■';- 'i-y ':'"'•:-:.''-:-■ .^^ Title or interest in Lands may be brought in question, n * . , Not to he Ngtice unlets and t«n£t7 a certificate shall be given by the Registrar of the Court of Chancery to some per- son demanding the same, in the following form: " I certify that in a suitor proceed- ing in Chancery, between A. B. and CD., 4ome title or interest is called in question in the following lands, (stating them)," / And Registered in the registry office of the * : I county, &c., in which the lands are situate, ; ' the title or interest in which is questioned t in such bill or proceeding 18 V. c. 127, s. 3. OATH / Party Forswbarino himself before registrar, jcc, authorised to administer, incurs same penalties on conyietion, as if the oath had ;- i / been taken in any court of record in this province . 9 V. c. 34, s. 17- Of Office, registrar to take, before entering on execution of duties 9 V. c. 84, s. 25. Deputy Beoistrar to take 9 V. o. 34, s. 26. PATENT ' '' . '1^ .Ml,/ «..,n.,..:,r...-.v;, ..l[-.t,i,'^ < My::{:i,'.: AsBioNMENTS BY Original Nominee OF Crown Ma-n „ ; *,■■%- ▲NALTTIOAl INBBX. It6 ?XTEST continued. • »%*»v,i Lands, &c., duly registered may issue in < the name of assignee, &c. (See " Com- missioner of Crown Lands") IC V. c. 159, s. 7. PENALTY Two Pounds Tbn Shillings for refusing or neglecting to make and deposit a map or plan of site of town or village in registry office where situate, within one year from * passing of act, (80th May, 1849,). and the . •- like sum for every year thereafter. ^«(?ove7;y and application of 12 Y. c. 85, 8. 42. POWER OP ATTORNEY Memorial of from Grantor or grantors where v deed executed under letter or power of attorney, may be . ., .., . . /,,,.. * , Registered in the same manner and on the same evidence as a memorial of a deed or con- veyance is now legally registered. , . . i Fees for Recording f registrar allowed the same as for deed 16 V. c. 187, s. 7. Memorial of, relating to lands in Upper Cana- da, but executed or published without Upper Canada, On what Evidence to be registered 18 V. c. 127, s. 6. Of REOiSTERiNa judgments to be taken, to be valid and effectual according to 13, 14 V. c. 63, s. 2. Deed Executed after January 1st, 1851, of .. ,.^ i > .which memorial duly registered, deemed / good in law and equity, u According to Priorty of time of registration of memorial 13, 14 V. c. 63, s. 4. Where no Memobul RBaiSTEBED of deed exe^ : I :,! ' iti i 196 ANALTTIOAL INDEX. 9 V. c. 34, s. 17. PRIORITY continued. * M, j > ru cuted after January Ist, 1851, then deed deemed good in law and equity, , r According to Priority/ of time of execution 18, 14 V. c. U3, ». 4. MORTUAOEE HAVING ANY PRIORITY OR ClAIM under any act in force relating to the ( ' .i / Reyintry of Titles to Landy this act shall not be i i construed to affect 14, 15 V. c. 45, s. 3. PUNISHMENT Forswearing before Registrar, &c., or per- * son authorised to administer oath, the same '^l* > punishment, on conviction of, as where oath taken in any court of record in the Province Registrar or Deputy Committing or allowing Fraudulent Practice in execution of duties, to Forfeit Office, and Liable to Pay treble damages to party injured PURCHASER v i . , .! Of Mortgagor's Interest in Real Estate under execution may, on payment of mort- gage money, ..,,.,,,...,,.,..,. Require Mortgagee, his heirs or assigns, to give him A Certificate of Payment or satisfaction of mort- gage in form Schedule A. to act. Registrars to act on certificate to the same extent as if the same had been given by the mort- gagor, his heirs, &c -» 9 V. c. 34, B. 21. . , '■ '•■ '■■■ \ \ 1 QUARl I Or '/,:,fi,'_ X .-f Xa -. _ •' PURCHASER FOR VALUABLE CONSIDER- ATION After any Memorial is on the Registry, who registers a memorial of his purchase deed ,^ii^.$i» prior to the registration of a deed of earlier date than his own, such non-registered deed 12 V. c. 73, s. 2. ANALTTIOAL IKDEX. 197 PURCHASER FOR VALUABLE CONSIDER- ATION continued, of earlier date adjudged fraudulent and void against *>> V. c. 84, s. 6. Equity, Doctrine op, whereby protection is given to, not altered or affected by act 18, 14 V. c. 68, s. 2. Subsequent Purchaser for Valuable Con- sideration, Crown debtfl not to bo valid against, unless a copy of the security to the Crown, certified by the proper officer having ' the custody of the same, shall be registered in the office of the Clerk of Q. B. in Toronto before the execution of the deed, &c., of such subsequent purchaser 14, 15 V. c. 9, s. 1. Subsequent to Deed to H. M. creating Crown debt, .. Discharged therefrom, unless such deed, &c., is registered, as in the second section men- tioned, within one year from passing of act (2nd August, 1851) 14, 15 V. c. 9, s. 6. QUARTER SESSIONS Grantee, &c., where witnesses to any deed, con- veyance, or will are dead or permanently resident out of province, may prove before justices at, due execution of instrument, &c., chairman giving certificate, &c., warrants registrar to record deed, &c 9 V. c. 34, s. 11* Grand Jury of, may present registrar for not keeping his office where appointed, &c 9 V. c. 34, s. 19. Grand Jury of, may present registrar for ceasing to reside in the limits of the county , .-, for which he is appointed, or for becoming wholly incapable of discharging duties by sickness or otherwise 9 V. c. 34, s. 20. RAILWAY AND OTHER COMPANIES Registration op Deeds to (see the special acts ' ' 198 ANALYTICAL INDEX. RAILWAYAND OTHER COMPANIES confzwwcrf. • of incorporation, whereby registrars are generally authorised to enter them, on pro- duction and proof of execution, without any memorial) REAL ESTATE Deeds of, made and executed by or in favour of the corporation named "The Connexional Society of the Wesleyan Methodist Church in Canada" (except leases for a term not exceeding nine years), . Shall he duly Registered within twelve calendar months after the making and execution ' thereof, otherwise void and of no eflFect 14, 15 V. c. 142, s. 5. Decrees or Orders in Chancery, registration of, in order to bind (see "Chancery") 20 V. c. 66, s. 10. Sale of, for satisfaction of charge on, created by a registered decree or order (see " Chancery' ') Title to Real Estate included in Deed to Trustees OF Religious Society gained by reason of their omission to register in due time, not to be affected by act, but to be taken as if act had not passed 16 V. c. 126, s. 1. 20 V. c. 66, 8. 12. RECOGNIZANCE ^ Registrar to give, in ^£1,000 to H. M. for due performance of duties of office ; To he taken before three or more justices of the peace of the county ; To he transmitted within six months into the Court of Queen's Bench in Upper Canada, to remain amongst the records Void at the End of One Year from death of registrar or surrender of office, when no misbehaviour appears to have been committed by him in the execution of his office 9 V. c. 34, s. 26. ;■( ■^ ■ 9 V. c. a4, s. 28. ANALYTICAL INDEX. 199 RECONVEYANCE To MoRTGAaoR, certificate by mortgagee of pay- ment, &c., under 35 Geo. III. c. 5, and of discharge under this act, to operate as a release and reconveyance Of Legal Estate in Land Mortgaged, execu- tor of deceased mortgagee entitled to the mortgage money, may, on payment of the whole or part of mortgage debt, convey, re- lease, and discharge debt, and convey the legal estate in the whole or part of land, or without payment, on arrangement to exon- errie the whole or part of the land from the debt 9 V. c. 34, 8. 24. 14&15V.c.7,s.8. REGISTRATION Op Sheriff's Deeds of Sale for Taxes before 1851 are to be registered under 6 Geo. IV. c. 7, notwithstanding the repeal of that act by 13 & 14 Vic. c. 66, as the subsequent statute 16 Vio. c. 182 made the provisions of the repealed act applicable to deeds of sale for taxes prior to 1861 6G.IV.c.7,s.l9&20. Bargain and Sale does not require registra- tion to supply place of enrolment for mere ■ purpose of making it a valid conveyance for passing the land. Bargain and Sale needs registration in register of county where lands situate, to guard against subsequent purchaser obtaining title by prior registry 4 W. IV. c. 1, s. 47. From and after the confirmation of any lands to any person or persona , • ' By Grant from the Grown^ a Memorial of all deeds and conveyances which shall be made ' and executed, and of all wills and devises in writing made or to be made and published, t i'; •I !■ n i I ll 200 ANALYTICAL INDEX. REGISTRATION continued. when the devisor or testator shall die, after making and publishing of the same, of or concerning, and whereby any lands, tene- ments, or hereditaments in any county or riding in Upper Canada may be in anywise affected in law or equity, .: Maif be Registered, at the election of the party or parties concerned. After any Memorial is so registered. Every Deed and Conveyance that shall he made and executed of the lands, tenements, or hereditaments, or any part thereof, compri- sed or contained in any such memorial, shall be adjudged Fraudulent and void against any Subsequent Purchaser or Mortgagee for valuable consideration, .v^j^^; •* ifvvi^;';»v ' Unless a Memorial be Registered, as by the act is directed, i:- j h^^*(j^ " r>; .t • - ■ Before the Registering of the Memorial of the deed or conveyance under which such subse- quent purchaser or mortgagee shall claim. Every Devise by Will of the lands, tenements, or hereditaments, or of any part thereof men- tioned and Contained in any Memorial Registered as afore- said, and that shall be made and published after the registering of such memorial, shall be adjudged .''t Fraudulent and void B,gB.m8t & * ''^* Subsequent Purchaser or Mortgagee for valuable consideration, ': i- ■ " Unless a Memorial of such Will be registered, as by the act is directed. • <^ -^w; .^.r A Memorial of any further Mortgage or mort- gages, whether legal or equitable, to '^ A first Mortgagee or mortgagees. ( r- i\y ANALYTICAL INDEX. REGISTRATION cowAV i. Shall in like mannet oi. Registered before it catt or shall prevail Against a second Mortgagee of the whole or any part of the lands, tenements, hereditaments, and premises included in the first mortgage, Of Memorial of Deed or Will executed, &c., WITHOUT the Limits of Upper Cana- ' DA, to be on Affidavit or Declaration in writing, where decla- ration substituted for affidavit, Sworn^ in Great Britain or Ireland^ before the mayor or chief magistrate of any city, &c., under the common seal of such city, &c. ; In Lower Canada, before the chief justice or judge of any court of Q. B. in Lower Canada ; In any Colony belonging to the Crown of Great Britain, before the judge of the Supreme Court ; In any Foreign Country, before the mayor of any city, &c., or any consul or vice-consul of H. M. resident therein : Affidavit or Declaration to be brought to the registrar or his deputy wherein One of Witnesses to the execution of such deed or will, &c., shall ' - Swear to the execution of the same as therein- before provided, and also To the Place where executed ; and in case of- WillSy to the making and publishing. On production of Will or probate, with affidavit, registrar or deputy shall Record the same and file the affidavit, and shall Endorse a Certificate on the deed, conveyance, will, or probate, which Certificate to have same effect as if the affidavit ' had been made before the registrar or deputy ; • ^ ' 26 201 '.;. ' 9 V. c. 34, s. 6. !,; ! ; ' i 111 ■ ' % 'i'i , i| f|i|f I m 1 i in, I'i; I.J. W 202 ANALYTICAL INDEX. 9 V. c. 34> s. 10. REGISTRATION continued. t' Such Memorial not to be Begiateredf unless the deed, will, &c., is ' Identified as that referred to in such affidavit or affirnaation by a Certificate thereof under the hand of such judge • or commissioner, or other person before ; ... ; •whom the affidavit was made or taken, To be endorsed by registrar on such deed, will, &c On Certificate of Chairman of Quarter Sessions (witnesses to deed, &c., being dead or permanently resident out of province) of the execution of any deed, will, &c., witnessed . by Clerk of the Peace, that majority of ma- gistrates present were satisfied with proof adduced by grantee, &c., of execution of said instrument, registrar or deputy to record said deed, &c., with said certificate, and to certify same, which certificate shall have like effect as the certificate to be granted in all other cases Op Wills or Probates within Twelve Months from death of testator, &c., to be valid and effectual against subsequent purchasers as if > recorded immediately after death. Time for Registration extended, where will con- tested, or other inevitable difficulty. To within Twelve Months from attainment of will , or probate, or the removal of the impedi- '■ meat Or Judgment, registrar of county wherein lands lie belonging to the party against whom entered, to register on receipt of certificate under signature of clerk and seal of court. To affect and bind Lands from date of recording of judgment in county wherein the lands, &c., lie 9V. 0.34,8.13. 9 V. c. 34, s. 11. .,'1 9 V. c. 34, s. 12. U' rV" p ANALYTICAL INDEX. ^03 REGISTRATION continued. .- - i h . - •* AllTMi .,.. Fees of Registration to be paid previous!/ to, ' or registrar or deputy not compelled to > - . register any deed, conveyance, will, or other instrument 9 V. c. 34, s. 27. Seal of any Corporation affixed to any deed, conveyance, memorial, or instrument in writing, to be Sufficient Evidence of the due Execution of such deed, &c., by such corporation for the pur- pose of registration 9 V. c. 34, s. 29. On Division of County, &c., duties of registrar, 9 V. c. 34, s. 32. ■ Of Map or Plan of Site of Town or Village, to be made and deposited by owner, agent, or representative, in registry oflGice of county where situate, within one year from passing of act (30th May, 1849) 12 V. c. 36, s. 42. Registrar's Duties as to 12 V. c. 35, s. 43. Of Certificate of Payment and satisfaction of mortgage given to ' ^ ^ Purchaser of Mortgagor's interest in real estate . » n- sold under execution. Registrars to act on certificate to the same extent as if the same had been given by the mort- gagor, his heirs, &c 12 V. c. 73, s. 2. Of Certificate of Judgment, makes it a charge • ' - on lands, &c., in county where certificate registered 13, 14 V. c. 63, s. 2. After any Grant from the Crown and deed ' ' patent thereof issued, n;, '?•;.;.. i Every Deed^ Devise or other Conveyance YflaicYi - ' shall be executed at any time " * ' " * After January Ist, 1851, whereby any lands, '■ ' '' &c., in Upper Canada, may in anywise be • v),i'v afiected in rij/uiJa Law or Equity, shall be adjudged ' '^ ''^ -^^'^^^ ' Fraudulent and Void, not only against any sub- --j^^^ * '■■.:\ ' : \ ■s\\ . \ tft I 204 ANALYTICAL INDEX. REGISTRATION con^mwedf. (Tv n '^'^ivT:. sequent purchaser or mortgagee for yalua- ;-.i , ble consideration, but also Against a Subsequent Judgment Creditor, who shall have registered a certificate of his judgment, Unless such Memorial be registered as by the 9 V. c. 34, is specified. Before the Registering of the Memorial of the deed, devise or conveyance, or the certifi- cate of the judgment, under which such sub- sequent purchaser, mortgagee or judgment creditor shall claim. Subject, as to Devisees, to the provisions of the 12 section of 9 V. c. 34 13, 14 V. c. 63, s. 3. Memorial OF Deed executed after January Ist, i 1851, registered, and . ,- Certificate of Judgment received after January 1st, 1851, registered, Deemed and Taken as good and efiectual in law and equity. According to Priority of time of registering such memorial or certificate. > n Where no Memorial registered, then according to priority of time of 'execution 13, 14 V. c. 63, s. 4. Of any Certificate oj! Judgment, taken to be a registry of such judgment for purposes of act 13, 14 V. c. 63, s. 7. To x.a Notice in Equity of deed, conveyance, will, or judgment registered under 9 Vic. c. 34, or this act, afiecting any lands, ? \ To all Persons claiming any Interest m^\ifi\i\Q.n^^ : or tenements -vj^.^ ^f-v<,f:^'v" .u "'■ ^S'ttftse^'wewf to such registry 13, 14 V. c. 63, s. 8. Of Certificates of Judgment, registrar to ,,f,. ,.,,;.- enter in a separate book after passing of act (10th August, 1850) 13,14V.c.63,s.9. ANALYTICAL INDEX. 205 REGISTRATION (7on > '"^ : registering any such deed, &c., creating or i .-•)•'' releasing Crown debts to be paid to the fee fund 14, 15 V. e. 9, s.4. ^ ill . \i i lif 206 ANALYTICAL INDEX. REGISTRATION continued. ' ' • ? r ^^ ^ Omission to Register all such deeds, &c. " ' (creating Crown debts), ii n • Made before the passing of this Act to H. M., i or predecessors, of the nature mentioned in the first section of act, and in the manner in the second section mentioned. Within One Year from the passing of this act, (2nd August, 1851.) Ani/ Lands or Interest in Lands of the person who shall have executed the sa,mo ' Shall be Freed or Discharged therefrom as to any Subsequent Purchaser or mortgagee or registered judgment creditor of such person for valu- "- able consideration 14, 15 V. c. 9, s. 5. Priority of Claim which any mortgagee or judgment creditor shall or may have or be ^ • entitled to under any act in force relating to the Registry of Titles to Land, this act shall not be construed to affect. 14, 15 V. c. 45, s. 3. Deed of Real Estate, made and executed by or in favour of the corporation named,, ' 'v • ' ''^ The Connexional Society of the Wesleyan -^ . s'-. Methodist Church in Canada," (except -' .; • '"' ' leases for a term not exceeding nine years,) Shall be duly Registered within twelve calendar months after the making and execution thereof, otherwise void and of no effect. No greater Effect Criven by Act in other respects to the registration of any such deed within ,'V the said term of twelve months than is by -: < i ;. law given to the registration of any other deed of real estate in Upper Canada 14, 15 V. c. 142, s. 5- Of Sheriff's Deed of Land Sold for Taxes before January 1st, 1851, to be made by (.0,/ /»• v>. ' I .1 j ' t.i ANALYTICAL INDEX. REGISTRATION continued. registrar according to act 6 Geo. 4 c. 7., notwithstanding its repeal by 13, 14 V. c. 66 When for Purposes of Registration, a city, town, township or place is Detached from a Country and attached to some other county, 27ie Registry Books kept therefor, under the 22nd section of the 9 V. c. 34. And all Plans or Maps of Town or Village Lots therein, lodged in the office of such registrar, pursuant to the 33rd section of the said act. Shall he delivered by the registrar of the county from which such city, &c., is detached To the Registrar of the county to which the same is attached. To he Kept by him among the registry books of his office, and dealt with as registry books originally made and kept therein. Statement of Titles of Lands lying in such city, &c. as may have been registered before separate registry books were kept for each township or place, under the authority of the said act ^ jiMf^' • '. .' -tu ■■. : , Shall he Furnished by the registrar of the county. When any Deed, will or other instrument shall embrace - . Different Lots or parcels of land, situate In Different Localities in the same county, it shall only be necessary to furnish One Memorial of such deed, &c., and such me- morial shall be Copied into the Registry Book for the city, town, township or place in which the different parcels of land are situate, In the same Manner and to the same extent only 207 16 V. c. 182, s. 66. i t |i 208 ANALTIIOAL INDEX. REGISTRATION continued. As if a Separate Memorial had been furnished in relation to the lands situate ivithin such city, &c., and The Registrar shall make the necessary entries and certificates accordingly. Only One Certificate of Registry Allowed or charged for, and that in counting folios to be charged for, the marginal certificates, notes or references should not bo included... The 9th Section op 9 V. c. 34 repealed. A Memorial of any such Deeds^ conveyances, wills or probate as shall be made and exe- cuted or published in any place ' Within Upper Canada, other than the county in which the lands mentioned therein lie, Shall he Entered and Registered by the regis- trar or his deputy, Provided an Affidavit Sworn before one of the judges of the superior courts of common law or equity in Upper Canada, or a judge I of any county court within his county, or a commissioner in the Queen's Bench or Common Pleas in Upper Canada, be brought to the registrar or his deputy, Vherein One of the Witnesses to the execution of such deed or conveyance Shall Swear to the execution of the same, as also of the memorial thereof, and to the place where the same were executed, and In case of Wills, one of the Witnesses to the memorial of such will or probate thereof Shall Swear to the execution of such memorial Reqistbar thereupon or his Deputy to give the party who brings such deed, &c., and affidavit, A Certificate of the Registering of the same, 16 V. c. 187, s. 5. 16 V. c. 187, s. 6. ANALYTICAL INDEX. 209 16 V. c. 187. 8. 6- REGISTRATION continued. which, signed by the registrar or deputy, shall be taken and Allowed as Evidence of the Registry of the same, in all courts of record in Upper Ca- nada, notwithstanding any thing in 9 V. c. 34 Of Deed or Conveyanoe after Passing of Act, (14th June, 1863,) executed under and by virtue of Power of Attorney from the grantor or grantors, A Memorial of such Letter or power of attorney may be registered •, , In the same Manner and on the same evidence as a memorial of a deed or conveyance is now legally registered. *• Registrar allowed the same Fees for recording the same, as for a deed or conveyance under this act 16 V. c. 187, s. 7. Of Judgment of any Court of Record in , Upper Canada, to be made in the manner now required by law before the judgment shall create a lien or charge on any lands, or interest in lands, now or hereafter liable ' to seizure or sale on execution 18 V. c. 127, s. 1. Of Decree OF Foreclosure and every Decree . ' *:^ of Court of Chancery affecting any title or ^ interest in land, ' . .•' , ,< Shall and may he registered by any person in ' the county registry oflSce in the county where the land is situate, ' • ' On a Certificate io he ^-v&n by the Registrar of • . , • 1 he Court of Chancery, stating the substance ; r ; - . J ^,, and eflFect of such decree, and the lands affected thereby 18 V. c. 127, s. 4. Of the Memorial of any Deed, conveyance, will, or power of attorney affecting or rela- >\t*:\,-'?l -t *>* '• 1::;'' /i i'A 7-iSUiC:? '^Si^ I i, ::' I 210 ANALYTICAL INDEX. REGISTRATION conftViMerf. > '. ting to any lands, &c., in Upper Canada which shall have been or may be hereafter Executed or published in any ipl&CQ Without Upper Canada, Shall be made by the registrar or his deputy of any county in which such lands are situate, Either on the Evidence already required by law,or On an Affidavit sworn before any judge of either of the superior courts of common law or equity in Upper or Lower Canada, or before any judge of the County Court in Upper Canada, or Circuit Court in Lower Canada, or a commissioner authorised to take affida- vits in Upper or Lower Canada by any of the superior courts of common law, or the registrar or deputy registrar of the county wherein which such lands are situate One of the Witnesses to the execution of such deed, will, conveyance, or power of attorney shall » , Swear to the execution of the samo, and also to the place where the same was executed; 18 V. c. 127, s. 5. Op Certificate op Judgment given by Deputy Clerk of the Crown Mai/ be Registered in the registry office of any couiii/ in Upper Canada, and the Certificate and Registration thereof shall have the like force and effect in binding or oper- ating as ' A Charge upon Lands, tenements, and heredita- ^ ments situated within such county as if the certificate had. been granted at the principal ' * '" office at Toi-op^o 19 V. c. 43, a. 16. Op CERTIFIC.4TK or JtT' jmbnt 6;iven by Clerk of Count;/ C-yjn ' May be Registered in the registry office of any ' '' county in Upper Canada, and the same 1 1 ANALYTIQAIi INDEX. 211 20 V. c. 66, s. 9. REGISTRATION continued. Cc'^ifioate and Registration thereof shall have the same force and effect in binding or operating as a Charge onLandSy ^(?., situati within auc'i county as if the certificate had been granted by a Clerk or deputy Clerk of the Crown ly^ M) V. c. 90, Certificate of Bill or Proceedino in Cn 'n- oi; 224 ANALYTICAL INDEX. REQISTR AM continued. • r >. . , repeal of said act by the act 18, 14 V. c. 66, intituled, "An act to repeal the acts and provisions of law relative to assessments and matters connected therewith in Upper Canada" 16 V. c. 182, a. 66. Of County from which City, town, &e., de- tached, to deliver maps and plans of village and town lots to registrar of county to which city, town, &c., attached 16 V. c. 187, s. 1. Statement by, of Titles, in addition to require- ments of 9 V. c. 34, 8. 32, as to. To Send to the Reghtrar of a new county, with an index as part thereof, and To Compare auch Statement with the original entries in the register books in his office, and To Indorse a Certificate to that effect on such statement, when furnishing the same to the rCj^istrar of such new county, And such Statement, in audition to the require- ments of 9 V. (;. 34, 8. 32, shall contain The Names of the Parties to such deeds, and the witnesses, and shall also contain The same Particulars with regard to wills and other registered documents affecting lands in such new county as are required concern- ing deeds, and Shall also Furnish a Statement of any wills re- gistered in any general registry book, whe- ther such book was procured before or since the passing of said act 16 V. c. 187, s. 2. Treasurer op County, after the passing of act, (14th June, 1853,) to supply with registry books; Treasurer Bef using or neglecting to supply him within thirty days after application, the • ,., ,.■ ANALYTICAL INDEX. 226 REGISTRAR conthuntk registrar may proviJ# tlie name and recover the cost from the municipality Memorial to be Copied in Registry Book, of deed, will or instrument embracing different lots of land a different localities in the same county, to the same extent as if a se- parate memorial of such deed, &c., had been furnished, &c. One Certificate ofRegiitry only shall be allowed and charged for, and in counting folios to be charged for, the marginal certificates, notes or references shall not be included.. The 9tii Section of 9 V. c. 34, repealed. To Regiiter Memorial of any such deeds, con- veyances, wills or probate, as shall be made and executed or published in any place Within Upper Canada, other than the county in which the lands mentioned therein lie, Provided an Affidavit, sworn before one of the judges of the superior courts of common law or equity in Upper Canada, or a judge of any county court within his county, or a commissioner in the Queen's Bench or Com- mon Pleas in Upper Canada, be brought to him or his deputy, wherein One of the Witnesses to the execution of such ' deed or conveyance Shall Swear to the execution of the same, as also of the memorial thereof, and to the place where the same were executed, and In case of Wills, one of the Witnesses to the memorial of such will or probate thereof Shall Swear to the execution of such memorial and thereupon To Q-ive the party who brings such deed, &c., and affidavit, 29 16 V. c. 18T, P 3. 16 V. c. 187, B. 6. V' I ;!;li 226 ANALYTICAL INDEX. REGISTRAR eontinued. A Certificate of the Registering of the same, which, signed by the registrar or deputy, shall be taken and allowed A9 Evidence of the Registry of the same in all courts of record m Upper Canada, notwith- standing any thing in 9 V. c. 34 IC V. c. 187, s. 6. To Register Memorial of Power of Attor- ney by grantor in deed executed thereunder, In the same manner and upon the same evidence as a memorial, if a deed or conveyance is now legally registered ; Fees for recording the same as for a deed or conveyance under this act 16 V. c. 187, s. 7- Fees allowed to every Registrar in Upper Canada (see "Fees") 16 V. c. 187, s. 8. To keep Book of Fees and emoluments received by him, and Shall make a return of such fees, &c., in detail to the Legislature annually 16 V. c. 187, s. 9. Or Deputy to Register Memorial of deed, conveyance, will, or power of attorney aflfect- ing or relating to any lands, &c., in Upper Canada which shall have been or may be hereafter Executed or published in any place without Upper Canada, Either on the evidence already required by law, or On an Affidavit sworn before any judge of either of the superior courts of common law or equity in Upper or Lower Canada, or before any judge of the County Court in Upper Canada or Circuit Court in Lower Canada, . . or a commissioner appointed to take affida- vits in Upper or Lower Canada by any of the superior courts of common law, or the registrar or deputy registrar of the county ; -si in which such lands are situate wherein. ANALYTICAL INDEX. 227 REGISTRAR continued. One of the Witnesses to the execution of such deed, will, conveyance, or power of attorney shall Swear to the Execution of the same, and also to the place where the same was executed Duty of Registrar of any county from which city, town, township, or place has been or shall be detached, In addition to the books and plans mentioned in the 1st section of the 16 V. c. 187, To Deliver to the Registrar of the county to which the same has been or shall be attached The original Memorials of all deeds, wills, and other conveyances of or relating to any lands within such city, &c., only ; and On Refusal to deliver same, as in 16 V. c. 187, or in this act mentioned, Within three Months after a demand in writing has been made upon him therefor by the registrar (of the county to which the city, &c., is attached). Deemed guilty of a Misdemeanor^ and, on con- viction thereof before any Court of Oyer and Terminer and General Gaol Delivery, Shall forfeit his Office^ and be Liable to a Fine, in the discretion of such court, not exceeding One Hundred Pounds Fees to be taken by, for services under this act (see "Fees") To Register Decree or Order in Chancery on delivery of a Certificate of the Registrar of the Court of Chan- cery stating the title of the cause, &c., date of decree, &c., and the amount of moneys thereby or by any report thereof mentioned to be paid, which certificate 18 V c. 127, s. 5. 18 V. c. 127, 8. 6. 18 V. c. 127, s. 7. ; ^:'!' u M II ' iiir ! Ml 228 ANALYTICAL INDEX. 20 V. c. 67, s. 20. EEGISTB.AR continued. Shall be entered and recorded in the same books and manner as certificates of judgment at law are now entered and recorded, and The Registry thereof shall have the same effect as the registry of a judgment at law now has, and May he discharged in the same manner 20 V. c. 56, s. 10. Proof to, of Certificate of Discharge of registered judgment by judgment creditor, to be by ■ Affidavit of one Subscribing Witness who has wit- nessed the execution of the certificate, which may be taken before any person before whom any affidavit for the registry of any deed or other instrument can be taken Of County where Land lies to register deed to trustees of certain religious societies 9 G. IV. c. 2, s. 3. Of County where Land lies to register convey- ance to trustees of any religious society or congregation of Christians To Register Sheriff's Deed on sale for non- payment of taxes, on production of Certificate under the hand and seal of the sheriff of the execution of such deed, and To give Certificate of Registry thereof on pro- duction to him of the deed and certificate, without further proof; Fee tOf for Registry and certificate thereof, three shillings and six pence, and no more 16 V. c. 182, s. 65. Of Counties, to Register Sheriff's Deeds of lands sold for taxes before 1st January, 1851, under act 6 Geo. IV. c. 7, notwith- standing repeal of that act by 13 & 14 Vic. c. 66 16 V. c. 182, s. 66. REGISTRAR OF COURT OF CHANCERY To GIVE Certificate of Bill Filed or pro- 8 V. c. 15, s. 2. ANALTTI AL INDEX. 229 18 V. c. 127, s. 4. REGISTRAR OF COURT OF CHANCERY continued. ceeding taken in Chancery, in which any title or interest in lands may be brought in question. For Registration, in order that the filing of the bill may be deemed notice 18 V. c. 127, s. 3. Any Person mat Register decree in Chancery affecting the title of lands, on production of certificate of, in the county registry office in the county "where the land is situate. Certificate hy, to state the substance and effect of the decree and the lands affected thereby... Deputy Registrar of Court, when bill or other proceeding is filed in his office, is au- thorised to give certificate thereof for regis- tration under 18 V. c. 127, and the registra- tion thereof to have the same effect as the registration of the certificate of the regis- trar of the court Certificate by, or Deputy, of decree or order of court, May he Registered in any county registry office, on delivery to county registrar. In the same Books and in the same manner as certificates of judgments at law 20 V. c. 66, s. 10. Certificate by, or Deputy, of decree, to state any restriction of charge created to part of lands 20 V. c. 56, s. 11. REGISTRY BOOKS Secrctary of Province required to provide for each township, reputed township, city and town, of which the limits are defined. To he of one Uniform Size Treasurer of County hereafter to furnish Registry Books, and pay for out of county funds. 20 V. c. 56, s. 9. 9 V. c. 34, s. 32. 230 ANALYTICAL INDEX. REGISTRY BOOKS continued. Certificate now given by provincial secretary in and with regard to any registry book, shall henceforth be given by The Judge of the County Court having juris- diction in such county, on the application of the registrar. Size and Description o/, to be nearly as may be the same as those heretofore furnished by the provincial secretary, under 9 V. c. 34, s. 22 Registrar to Copy Memorial of deed, will or instrument embracing Dij^erent Lots of land in diflFerent localities in the same county, to the same extent As if a Separate Memorial oi such deed, &c., had been furnished, &c 16 V. c. 187, s. 3. 16 V. c. 187, s. 5. REGISTRY OFFICE To BE Kept in every county in Upper Canada For County, how, and by whom, and at what expense provided with fire-proof oflSce and vaults ; Qovernor may fix the time for removal to Register Books to be provided by secretary of the province, for each township, reputed township, city and t($wn. Expense of New Register Books to be paid by county council Removal of Registry Office, Governor, by proclamation, may order, to such other place in the county as he shall deem expedient... New Register Books shall, after passing of act, (14th June, 1853,) be furnished to re- gistrar by the treasurer of the county, on his application therefor, and paid for by treasurer out of county funds. 9 V. c. 34, s. 3. 9 V. c. 34, s. 19. 9 V. c. 34, s. 22. 9 V. c. 34, s. 30. ANALYTICAL INDEX. 231 REGISTRY OFFICE continued. Treasurer of Oounty refusing to furnish such book within thirty days after application, The Registrar may Provide the same, and re- cover the cost from the municipality of the county 16 V. c. 187, s. 3. Holidays at, on Christmas, New Year's Day, Good Friday, Ash Wednesday, Easter Mon- day, and the Queen's Birth Day 16 V. c. 187, s. 13. RELEASE Of Mortgage, certificate by mortgagee of pay- ment, &c., under 35 Geo. III. c. 5, and of discharge under this act. To operate as Reconveyance and release i) V. c. 34, s. 24. Of Mortgage Debt, wholly or in part, as to whole or part of the lands mortgaged By Executor of deceased Mortgagee^ entitled to receive the mortgage debt, &c. (see "Dis- charge") 14, 15 Y. c. 7, s. 8. From Crown Debts created by deed, &c., may be made by Governor in Council, and The Order may he Registered with Clerk of Queen's Bench, and the lands released from the time of registration 14, 15 V. c. 9, s. 3. Fee of Five Shillings payable to Clerk of Queen's Bench for registration of instrument creating or releasing Crown debts 14, 15 V. c. 9, s. 4. Mortgagee or his Assignee may take from mortgagor or his assignee of Equity of Redemption in the property, or may purchase the same under any power of sale in his mortgag\ or any judgment and decree, - Without thereby merging the Mortgage Debt as against any subsequent mortgagee or Registered Judgment Creditor of the same pro- perty 14, 15 V. c. 45, 8. 1. m 232 ANALYTICAL INDEX. 9 G. IV. C. 2, 8. 1. RELIGIOUS SOCIETIES Trustees of certain religious congregations, and their successors in perpetual succession, may by the name expressed in deed, take, hold, and possess land for the site of a church, meeting-house or chapel, or burying- ground.; Trustees shall within twelve months after the execution of such deed cause the same to be Registered in the office of the County Registrar of the county where the land lies 9 G. IV. c. 2, s. 2. Any Religious Society or Congregation of Christians in Upper Canada having occa- sion to take A Conveyance of Land for the site of a church, chapel, meeting-house, burial-ground, and residence for their minister, May appoint Trustees, to whom and to whose successors, to be appointed in such manner as shall be specified in the deed of convey- ance. The Land requisite for all or any of the purposes aforesaid may be conveyed, and Such Trustees and their successors in perpetual succession, by the name expressed in such deed or conveyance, Shall he capable of taking, holding, and posses- sing such land Trustees shall within twelve months after the execution of such deed of conveyance register the same in the office of the registrar of the county in which the land is situate Trustees Omitting to Register deed of con- veyance to them in due time, This Act shall not extend to render invalid any right or title to such estate on account pf such omission, but 8 V. c. 15, s. 1. 8 V. c. 15, s. 2. ■~1- ANALYTICAL INDEX. RELIGIOUS SOCIETIES continued. Such Might or Title shall be taken and 'djudged to be as if this act had not been passed ... 238 16 V. c. 126, s. 1. REPEAL Of 35 Geo. III., c. 5, " An act for the public registering of deeds, conveyances, wills and other incumbrances which shall be made or may affect any lands, tenements or heredit- aments within this province." Of 37 Creo. III., c. 8, " An act to supply the want of enrolment of deeds of bargain and sale." Of 58 Gf-eo. III., c. S, " An act to provide for the enregistering of deeds, conveyances, wills and other incumbrances, which may affect any lands, tenements and heredita- ments, the f-me being executed in the Unit- ed Kingdom of Great Britain and Irelaad, or in any of her Majesty's colonies, and to amend an act passed in the thirty-fifth year of his Majesty's reign, intituled, 'An act for the public registering of deeds, convey- ances, wills arid other incumbrances, which shall be made, or may afiect any lands, tenements or hereditaments within this province.'" 0/4 Will. IV., c. 16, "An act concerning the release of mortgages." 9 V. c. 34, s. 1. Of Proviso at the end of 24th section of 9 V. c. 34 10, 11 V. c. 16, 8. 2. Of so much of the 17th Section of the Act 9 V. c. 34, as relates to the forging or counterfeiting of any certificate, affidavit or memorial therein mentioned 10, 11 V. c. 9, s. 22. , Of 14th Section of 9 Vic. c. 34 13, 14 V. c. 63, s. 6. Of 9th Section of 9 V. c. 34 16 V. c. 187, s. 6. The 16th Section of 9 V. c. 34 16 V. c. 187, s. 10. 30 234 ANALYTICAL INDEX. 13, 14 V. C. 66. REPEAL continued. Act 9 Geo. IV., c. 4, " An act to amend the assessmpnt laws of this province" (N.B. — The provisions of this repealed net were by the 16 Vic. c. 182, sec. 66, made appli- cable to the deeds of sale for taxes before 1851) 16 V. c. 182, s. 06. RE.REGI8TRATI0N Judgment Registered against Land in any county Shall cease to be a Lien or Charge upon the land of the party against whom the judgment has been rendered, or any one claiming under him, III three Years after such judgment has been registered. Or within one Year after the passing of this act (10th June, 1857), Unless before the expiration of the said period of three years, or within one year after the passing of this act (10th June, 1857), such judgment shall be Re-registered, and Such Lien or Charge shall cease whenever the period of three years shall at any time be allowed to elapse. Without a further re-registry 20 V. c. 57, s. 19, SALE Of Real Estate, for Satisfaction of Charge ON, created by a registered decree or order. (See "Chancery") 20 V. c. 56, s. 12. SATISFACTION PIECE Registrar to Discharge Judgment in regis- try book, on receipt of ; ANALYTICAL INDEX. 235 SATISFACTION PIECE continued. Filed, Numbered and Entered on margin of register, under word •' discharged " 9 V. c. ;j4, s. 23. SHERIFF Deed of Land Sold rou Taxes before the 1st January, 1851, registrar to register accord- ing to act 6 Geo. IV., c. 7, notwithstand- ing its repeal by 13, 14 Vic. c. QQ 16 V. c. 182, s. 66. ExECUTiNa Deed of Sale for Taxes to pur- chaser, shall also give him A Certificate of the Execution of the Deed, con- taining the date and cause of the sale and the price, and a description of the land by its situation, boundaries and quantity, Unde^' his Hand and Seal, which, for the pur- pose of Registration of the Deed in the registry oflSce of the proper county, shall be Deemed a Memorial thereof, and the deed shall be registered. (See " Taxes") 16 \. c. 182, s. 65. Reqistration of Deed by, on sale for non-pay- ment of taxes, before 1st January, 1851, to be made under act 6 Geo. IV., c. 7, not- withstanding repeal of that act by 13, 14 V. c. 66 16 V. c. 182, s. 66. On Sale for Taxes, under 6 Geo. IV., c. 4, (repealed by 13 & 14 V. c. QQ, but made applicable by 16 V. o. 182, s. 66, to deeds of sale for taxes before 1851,) before deliver- ing to purchaser any conveyance of goods sold under the provisions of this act, shall Deliver to the Registrar of the county in which lands are situated, a certificate of such sale, under his hand and seal of office, stating the name of the purchaser, &c., which Certificate shall he to such registrar a sufficient I Jj^ 236 ANALYTICAL INDEX. SHERIFF continued. Authority in place of a Memorial^ to record such conveyance 6 Geo. IV., c. 7, s. 19. SUPERIOR COURTS Deputy Clerks may give Certificates of JuDGiMENTS entered by them, which certifi- cates May he Registered in the proper county and bind lands 19 V. c. 43, 8. 15. SURRENDER By Registrar of Office, recognizance given by, void at end of one year after, when no mis- behaviour appears to have been committed by him in execution of oflSce SURVEYOR GENERAL Officer or Person Performing Duties for- merly assigned to, to furnish each registrar with a List of the Names jf all persons in whose favour Patents may have heretofore Issued from the Crown for grants of lands within their res- pective counties, or which may hereafter issue, and also With Copies of all Plans or maps of towns and townships within the same. Within Twelve Calendar Months after any re- gistrar shall, in writing, make application to the said officer or person performing such duties as aforesaid, for the same TACKING Doctrine of, declared to have been found pro- ductive of injustice, and requires correction. Every Deed and Conveyance executed after Ja- nuary 1st, 1851, 9 V. c. 34, B. 28. 9 V. c. 34, 8. 31. Ti ANALYTICAL INDEX. 287 TACKING continued. A Memorial whereof shall bo duly rcgistorctl, and Every Judgment recovered after January 1st, 1851, A Certificate whereof shall bo duly registered, shall be Deemed and taken aa good and oficctual in law and equity, According to the Priority of the time of regis- tering of such memorial or certificate, and When no Memorial of such deed or conveyance shall have been duly registered, then According to the Priority of time of execution 13, 14 V. c. 63, s. 4. TAXES Deed by Sheriff on Sai-e for non-payment of, (prior to 1851, see 16 Vic. c. 182, s. 66,) Registrar to record, on certificate of sheriff, in place of memorial 6 Geo. IV., c. 7, s. 19. Land Sold for, before 1st January, 1851, regis- trar to register according to act 6 Geo. IV. c 7, notwithstanding its repeal by 13 & 14 Vic. c. m 16 V. c. 182, s. 66. Sheriff Executing and Delivering a Deed OF Sale of land (sold for non-payment of taxes) to the purchaser, shall also give the purchaser ■ A Certificate of the Execution of such Deed, con- taining the date and cause of the sale and the price, and a description of the land by its situation, boundaries, and quantity. Under his Hand and Seal, which, for the pur- pose of Registration of the deed in the registry office of the proper c mnty, shall be 288 ANAI4YTICAL INDEX. TAXES continued. Deemed a Memorial thereof, and the deed shall bo rogistorcd, and Certificate of the l{ei/intn/ thereof granted by the registrar, on production to him of the deed and certificate, and without further proof. Jlegistrar shall, for the registry and certificate thereof, be entitled to three shillings and six pence, and no more tG V. c. 182, a. 05. Sheriff's Deed of Sale for Non-payment of, before 1st January, 1851, to be under Geo. IV. c. 7, notwithstanding repeal of that act by 13 & 14 Vic. c. OG IG V. c. 182, s. GG. TIME One ycavy within which, from and after passing of act (30th May, 1849), owner of site of town or village in Upper Canada required to make and deposit map in registry office (see ''Town or Village") 12 V. c. 35, s. 42. T'Welve Calendar Months, within which deed of real estate by or in favour of " The Connex- ional Society of the Wesleyan Methodist Church in Canada" is to be registered 14, 15 V. e. 142, s. 5. Three Years after registration of judgment, it ceases to be a lien or charge on land, unless re-registered, Or within one Year from passing of act (10th June, 1857), judgment ceases to be a lien or charge on lands, unless rc-re^isiered. (See " Re-rcgistration") 20 V. e. 57, s. 19. Three Years, if allowed to elaj>ite with ut re- registering judgment, the lien -^r charge shall cease. (See " Rc-rf*gistra^n ') 20 V. c. 57, s. 19. Within Twelve Months after . atk of testa- tor, devisor, &c., for registration of wi Is. Within Twelve 3Ionths wztensioii) after attain- ANALYTICAL INDEX. 280 TIME continued. mont of will, &., or removal of inevitable impediment 1> V. c. 34, s. 12. Twelve Months after death of registrar or surrender of office by, Recoqnizancc, given by him to bo void, if no mis- behaviour appears to have been committed by him in the execution of office V. c. 34, s. 28. One Year from passin^^ of act, (2nd August, 1851,) within whicli all deeds, bonds, con- tracts, instruments creatin;^ Crown debts, to be registered, or lands of person who executed same, discharged as against sub- sequent purchaser, &c 14, 15 V. c. 0, s. 5. Thirty Days, uithin which, after application, treasurer of county to supply registrar with registry books 10 V. u. 187, p. 3. Three Months, within which, registrar, after demand in writing, on detachment of city, &c., from his county, to deliver original memorials, &c., under this act, and maps, &c., under 16 V. c. 187, to registrar of county to which city, &c., attached, or, guilty of a m' ^demeanour, and to forfeit his office, and li*^lf to a fine not exceeding one hundred poinds 18 V. c. 127, 3. 6. Twelve Montsis after execution of deed to trus- tees of certain religious societies, for trus- tees to pet same registered in office of the registrar of the county where the land lies. D Geo. IV., c. 2, s. 3. WiTHiw Twelve Months after execution of conveyance to trustees of any religious so- . ciety or congregation of Christians, for them to register same in office of the regis- trar of the county where the land is situate. 8 V. c. 15, s. 1, 2. Extension within Twelve Months from pass- ing of act, (30th May, 1849,) for registration m ANALYTICAL INDEX. TIME continued. of deeds of conveyance to trustees of reli- gious societies, for purposes of acts 9 Geo. IV., c. 2, and 8 Vict. c. 15. Further Extension within Twelve Months from passing of act, (23rd May, 1853,) for registration of deeds of conveyance to trus- tees of religious societies, under acts 9 Geo. IV., c. 2 ; 8 Vic. c. 15, and 12 Vic. c. 91. TITLE Statement of, registrar of county from which a portion is separated or set apart, so as to form another county or a part thereof, to furnish, of the registration of such titles as may have been registered, of lands lying in the separated parts, to the registrar of the new county, &c., setting forth the dates of the deeds and the particulars of the lots or parcels of land to which they relate Registry of Titles to Land, this act not to affect. Priority or Claim which any mortgagee or judg- ment creditor shall er may have or be enti- tled to, under any act now in force relating to Statement of Lands Lying in City, &c., as may have been registered before separate registry books were kept for each township or place under the authority of 9 V. c. 34, Shall he Furnished by the registrar of the county from which such township or place shall have been detached. To the Registrar of the county to which the same shall have been attached, or of which it shall become a part, in the manner pro- vided by the 32nd section of 9 V. c. 34 ... 12 V. c. 91, s. 1. 16 V. c. 126, s. 1. 9 V. c. 34, 8. 32. 14, 15 V. c. 45, s. 3. 16 V. c. 187, 8. 1. ANALYTICAL INDEX. 241 TITLE continued. Statement of Titles to land, furnished by regis- trar ;f a county to the registrar of any > new county, under 9 V. c. 34 s. 32, shall be Accompanied zvith an Index thereto, as part of the statement, and Registrar shall compare such statement with the original entries in the register books in his office, and Endorse a Certificate to that effect on such state- ment, when furnishing the same to the re- gistrar of such new county, And such Statement shall, in addition to the re- quirements of 9 V. c. 34, s. 32, Contain the Names of the parties to such deeds, and the witnesses, and shall also Contain the same Particulars with regard to wills and other registered documents affecting lands in such new county as are required concerning deeds, and Shall also Furnish a Statement of any wills re- gistered in any general registry book of wills, whether such book was procured be- fore or since the passing of said act Chancery Proceeding, title brought in ques- tion by, Not to he Deemed Notice of such bill or proceeding, Unless and Until a certificate shall be given by the registrar of the said Conrt of Chancery, to some person demanding the same, in the following Form, '* I certify that in a suit or proceeding in Chancery, between A. B. and C. D., some ^title or interest is called in question in the following lands (stating them)," And Registered in the registry office of the county, &c., in which the lands are situate. 31 16 V. c. 187, s. 2. ■I ; v'.^ 1^ 242 ANALYTICAL INDEX. TITLE eontinued. No 8uch Certificate required to be registered in any suit or proceeding for Foreclosure of any registered mortgage Of Lands, Affected by Decree in Chancery, where and how the decree is to be regis- tered. (See "Decree") Any Person Claiming to Hold Real Estate included in the deed to trustees of religious society. On account of the Omission to Register the same in due time, and shall, in virtue of such claim. Have taken Possession of such real estate be- fore the passing of this act, (23rd May, 1853,) and have made improvements thereon and also. In all Oases where the person claiming to hold or be entitled to such real property on ac- count of such omission. Shall have actually Sold or contracted to sell such real estate before the passing of this act, (23rd May, 1853,) no person being at that time in adverse possession of the same. The Provisions of this Act shall not extend to render invalid any right or title to such estate. But such Right or Title shall be taken and ad- judged to be as if this act had not been passed \ !, 18 V. c. 127, 8. 3. 18 V. c. 127, s. 4. 16 V. c. 126, s. 1. TOWN OR VILLAGE Any Person, Corporation or Company sur- veying and sub-dividing any land into, dif- fering from the manner in which such lands were described as granted by the Crown, may lodge with the registrar of the county , A Map or Plan thereof, shewing the numbers ANALYTICAL INDEX. 243 TOWN OR VILLAGE continued. ^ and ranges of the lots, and the names, sites and boundaries of the streets and lanes, by which such lots may be in whole or in part bounded, together with ' • A Declaration, to be signed by such person, or by the lawful officer, agent or attorney of such corporation or co-npany, that the said plan contains a true description of the lots and streets laid out and appropriated by such person, &c., and henceforth it shall be lawful for The Registrar to Keep an Index of the land described on such map or plan as a town or village, by the name by which such person, &c., shall designate the same Owner of the Lands forming the site of, or rrv original division thereof in Upper Ca- iiuu* mentioned in the 41st section of act, vr agents, heirs or legal representatives shall. Within One Year from and after the passing of act, (30th May, 1849,) make and Deposit in Registry Office of county wherein town or village is situate, a fair and correct Plan or Map thereof, or original division thereof, on a scale not less than an inch to every four chains, &c., which shall be Certified hy some Land Surveyor, and also by the original owner or his legal representa- tive, as being a ., Correct Plan or Map of the same, and every Copy of such Plan or Map obtained from such registry office, and Certified as Correct hy the Registrar of such county, shall be taken as Evidence of the Original Plan and survey of 9 V. c. 34, s. 33. 244 ANALYTICAL INDEX. TOWN OR VILLAGE continued. such town or village in all courts of record. Owner, ^c, Refusing or Neglecting to make such plan or map, and to deposit it in a re- gistry office of the county wherein the same is situate, within one year from passing of act. To Forfeit and jPay, for such Refusal and Neglect, £2 10s., and a like sum for every year thereafter, until made and deposited... 12 V. c. 35, s. 42. TOWNSHIP, &c.. Or Reputed Township, City or Town, of which limits shall be defined by law within county, the registrar of the county to keep a separate register book for Detachment of, or of city, town, reputed town- ship or place, from one county, and attach- ment to another, i The Registry Boohs kept for such city, &c., under the 22nd section of 9. V. c. 34, And all Plans or Maps of town or village lots in such city, &e., lodged in the office of such registrar, pursuant to 32nd section of 9 V. c. 34, Shall he Delivered by the registrar of the county from which such city, &c., is detached. To the Registrar of the county to which the same is attached, or of which it shall be- come a part. To he Kept by him among the registry books of his office, in like manner as registry books originally made and kept therein. ? Statement of Titles of, or relating to lands in such city, &c., as may have been registered before separate registry books were kept for each township or place, under the autho- rity of 9 V. c. 34, 9 V. c. 34, s. 22. ANALYTICAL INDEX. 245 TOWNSHIP, &c. continued. Shall be Furnished hj the registrar of the county from which city, &c., detached, To the Registrar of County to which same attached, or of which it shall become part, in the manner provided by V. c. 34, s. 32. Provisions of this Section applicable to every city, town, township, reputed township or place in any new county. And in any County ^ which, being theretofore united with another county or counties for the purposes of registration, shall be de- tached therefrom for such purposes, and become entitled to have a separate registry office Detached from one county, and attached to another, the registrar to deliver to registrar of county to which attached, in addition to the maps, &c., under 16 V. c. 187, the ori- ginal memorials of all deeds, wills and other conveyances relating to lands, and, on refu- sal, after three months demand in writing, guilty of misdemeanor, and liable to a fine of one hundred pounds 16 V. c. 187, s. 1. 18 V. c. 127, s. 6. TRUSTEES For Certain Religious Societies and their successors, to be appointed as specified in deed, may, by the name expressed in such dejd, take, hold and possess land for the site of a church, meeting house or chapel, or burying ground 9 Geo. IV., c. 2, s. 1. Shall Register such Deed in the office of the registrar of the county in which such land lies, within twelve months after the execu- tion 9 Geo. IV., c. 2, s. 3. Of any Religious Society or congregation of 246 ANALYTICAL INDEX. TRUSTEES continued. Christians under deed, conveying land to them and their successors in perpetual suc- cession, requisite for the site of a church, chapel, meeting house, burying ground or residence for their minister. Shall Register the Conveijance in the office of the registrar of the nty in which the said land is situate, wit' >. twelve months after its execution ■. Person Claiming to Hold or be Entitled to Keal Estate included in deed to trustees of religious society, on account of the omis- sion to register the same in due time, and who, in virtue of such claim, shall have taken possession before the passing of this act, (23rd May, 1853,) and have made improve- ments thereon, and In all Caies where the person claiming shall have actually sold or contracted to sell the same before the passing of this act, (23rd May, 1853,) no person being at that time in adverse possession of the same. This Act shall not Extend to render invalid any right or title to such estate, but Such Bight or Title shall be taken and adjudged to be as if this act had not been passed 8 V. c. 15, s. 1, 2. 16 V. c. 126, s. 1. UNCONDITIONAL All Assignments of Located Claims in Crown lands, heretofore located or located here- after, to be unconditional for registration by Commissioner of Crown Lands 16 V. c. 159, s. 8. UPPER CANADA Words "Upper Canada," what to extend to and mean 9 V. c. 34, s. 35. This Act applies to, only 14, 15 V. c. 9, s. 6. ANALTTIOAL INDEX. VALUABLE CONSIDERATION Purchaser or Mortgagee for, after any me- morial is on the register, who registers a memorial of his purchase or mortgage deed, prior to the registration of a deed of earlier date than his own, such non-registered deed of earlier date adjudged fraudulent and void against him. (See " Purchaser for valuable consideration," and " Mortgagee for valua- ble consideration.") 247 9 V. c. 34, s. 6. WESLEYAN METHODIST CHURCH Deeds of Real Estate made or executed by or in favour of the corporation named " The Connexional Society of the Wesleyan Me- thodist Church in Canada," (except leases for a term not exceeding nine years,) Shall be duly Registered according to law, within twelve calendar months after the making and execution thereof. Otherwise Void and of no eflfect. ♦ Registration of such deed within the said term, no greater effect given by act in respect of, than is by law given to the registration of any other deed of real estate in Upper Ca- nada 14, 15 V. c. 142, s. 5. WILLS A Memorial of which may be Registered when the devisor or testator shall die, at election of party* or parties concerned. A Memorial of which must be Registered whon the devisor or testator shall die, or adjudged fraudulent and void against a sub- sequent purchaser or mortgagee for valua- ble consideration, whose deed is first regis- tered 9 V. c. 34, s. 6. ^ 248 ANALYTICAL INDEX. 9 V. C. 34, 8. 8. WILLS continued. Or Probate, to be Produced to Registrar at time of entering memorial Memorial of, Published, &c., without thi Limits of Upper Canada, to be registered upon production of certain evidence 9 V. c. 34, s. 10. Or Probate, which shall be recorded within twelve months after death of devisor, testa- tor or testatrix, shall be as valid against subsequent purchasers, as if recorded imme- diately after death. Contested, or not Recorded^ through any other inevitable difficulty, without their wilful neg- lect, &c., and devisee or persons interested thereunder disabled thereby from recording the same, time for recording extended to within twelve months next after attainment of such will or probate thereof, or the remo- . val of the impediment Devisees, provisions as to, under 12th section of 9 V. c. 34, judgment creditors, &c., bound by 13, 14 V. c. 63, s, 3. Published or made in Lower Canada, before whom affidavit of execution may be made... 13, 14 V. c. 63, s. 5. Registered under 9 V. c. 34, or this act, af- fecting any lands, registry to be notice in equity to all persons claiming any interest in such lands, &c., subsequent to such regis- try 13, 14 V. c. 63, s. 8. Registration of. Embracing Different Lots of land situate in different localities in the same county, ^ One Memorial only is Necessary ofy to be copied in the registry book for the city, &c., to the same extent only as if a separate memorial had been furnished in relation to the lands ■, in fcuch city, &c. 16 V. c. 187, s. 5. 9 V. c. 34, s. 12. ^1 ANALYTICAL INDEX. WILLS continued. Registration of, repeal of 9th section of 9 V. c. 34. Memorial of Will or Probate, made and pub- lished in any place within Upper Canada, other than the county in which the lands lie, to be registered, On Production of Affidavit to registrar by one of the witnesses to the memorial of the will or probate, of the execution of such memorial Memorial of, affecting lands in Upper Canada, but executed or published without Upper Canada, on what evidence to be registered. 249 16 V. c. 187, s. 6. 18 V. c. 127, s. 5. WITNESS One of Witnesses to Deed, Will, &c., exe- cuted out of limits of Upper Canada, to make affidavit or affirmation, and before whom, of execution prior to registration . . . Dead or Permanently Resident out of Pro- vince, grantee or grantees, his or their heirs, executors, administrators, guardians or trustees, or their assignee or assignees may make proof at quarter sessions, of execution of any deed, conveyance or will, and how registration thereupon effected Death or Absence of witness to assignment of Crown land claims, proof of, required by affidavit, prior to registration of assignment by the Commissioner of Crown Lands 9 V. c. 34, 8. 10. 9 V. c. 34, 8. 11. 16 V. c. 159, s. 7. 32 HEADS OF THE ANALYTICAL INDEX. A. PAOI Act 123 Administrator 123 Affidavit 123 Assignment 125 Attorney 126 B. Bargain and Sale 126 Bill 126 Bond 127 C. Certificate 128 Chancery 135 Charge 138 Clerk of County Court. 138 of Peace 139 of Queen's Bench 139 Commissioner of Crown Lands 140 Contract 142 Conveyance 142 Corporation 143 Cost 143 County 143 Courts 146 Crown Lands 146 Debts 148 PAOE Death 148 Declaration 148 Decree 149 Deed 150 Deputy Clerk of Crown. 154 Devise 154 Devisee 154 Discharge 155 I. Enrolment 156 Equity of Redemption. 156 Evidence 157 Execution of Deed 158 Execution againstLands 158 Executor 159 Fees 159 Filing 162 Fine 162 Foreclosure 162 Forfeiture 163 Forswearing 163 Fraud 163 Fraudulent and Void ... 163 HEADS OP THE ANALYTICAL INDEX. G. PAUX Governor 164 Governor in Council ... 104 Grantee 165 Holidays 165 I. Instrument 165 Interpretation 166 Identity 166 Index 167 J. Judge of County Court, 167 Judgment 167 Creditor 172 % Land 174 Surveyor 179 Lease 180 Legal Estate 180 Lien 180 Lower Canada 180 M; Map or Plan 181 Memorial 182 Merger 189 Misdemeanor 189 Mortgage 190 Mortgagee 190 Mortgagor, 192 Municipality of County, 193 N. PAQI Notary 198 Notice 198 0. Oath 194 P. Patent 194 Penalty 195 Power of Attorney 196 Priority 195 Punishment 196 Purchaser 196 for Valuable Consideration 196 Q. Quarter Sessions 197 R. Railway and other Com- panies 197 Real Estate 198 Recognizance 198 ■•'' R. . • Re-Conveyance 199 Registration 199 Registrar 216 of Court of Chancery 228 Registry Books 229 Office 280 Release 231 Religious Societies 232 Repeal 233 Re-Registration 234 HEADS or THE ANALYTICAL INDEX, s. PAOI Sale 234 Satisfaction-Piece 234 Sheriff 235 Superior Courts 236 Surrender 236 Surveyor-General 236 T. Tacking 236 Taxes 237 Time 238 Title 240 Town or Village 242 PAOB Township 244 Trustees 245 V. Unconditional 246 Upper Canada 246 r. Valuable Consideration 247 Wesleyan Methodist Chu) jh 247 Wills 247 Witness 249 INDEX TO THE JUDICIAL DICTA. FAGE Agreement Unregistered, recital in IG Assignment of Term of Years, assignee not bound to register 20 Attempt to Register, cannot have the effect of actual registration 86 Bargain and Sale. Proof of registration of, immaterial under 47 and 60 clauses of 4 W. IV., c. 1, for the mere purpose of passing the estate, when 30 Book of Registry, evidence of registered title 13 Cancellation of unregistered deed irregular, and title not divested thereby 29, 30 Caveat Emptor, common law maxim of 12 Certificate of Discharge of portion of lands from mortgage, registrar bound to register or file 27 of Registration indorsed on deed 12 untrue 13 Consideration ; deed without, being a cloud on the title, court will decree its removal 39 valuable. Evidence of, when required in ejectment... 17 valuable. Mortgage to creditors, priority 34 Construction of Registry Act 13 & 14 V. c. 63 48 Constructive Notice, insufiicient to postpone a registered conveyance executed bondfide 67, 58 Notice, doubtful whether of any kind is sufficient to pre- vail over a registered title 12 Contract. Purchaser for value, with the legal estate, without notice of, prior to 13 & 14 V. c. 63 49 registered, would, since the act, prevail, if contracts are within the act 49 Contracts in Equity, effect of 13 & 14 V. c. 63 on 58 Conveyance of growing timber is within the registry acts 23 Crown Lands. Voluntary assignment 84,35 Registration of, under 4 & 5 V. c. 100 86 Deed. Registry of, under 35 Geo. III., c. 5, not compulsory 11 unregistered. Cancellation of irregular, and title not divest- ed thereby 29,80 Devise general. (See "Will.") 16 Discharge from mortgage of a portion of the lands. Registrar is bound to register or file certificate of 27 Effect of registry act 7,39 VI INDEX TO THE JUDICIAL DICTA. PAGE Election. Parties may register deeds or not, at their election, under 35 Geo. III., c. 5 11 England. Paucity of cases under registry acts 18 Middlesex. Priority, registration 31 English authority, force of, binding, where colonial legislature has made no special provision 33 Enrolment, registry not necessary to supply the place of, in order to make bargain and sale a valid conveyance, 47 sec. 4 W. IV., c. 1 9 Equitable Incumbrances. Priority may be gained by prior registra- tion, but will be defeated by notice 31, 32 Rights not created by deed, eflFect of 13 & 14 V. c. 63, on... 40 Rights. The statute has no application to such cases 50 Rights. Statute settles the priority between deeds, &c., which admit of registration, but does not affect equitable rights which do not arise on any deed or written instrument 50 Liens or Mortgages or interest arising from mere contract as distinguished from actual disposition 41 Incumbrances. The 13 & 14 V. c. 63, has not made any change iu rights of 47 •- Title. Registered judgment. Mistake 47 Claims. Registered judgment 62 Equities out of instruments incapable of registration 57 Estoppel. Patentee of Crown 9 Recital in bond to refer disputes to arbitration 16 Evidence of registered title 18 A memorial 30 years old proves deed on bare production 13, 14 Memorial signed by grantee, good, on agreement to admit deeds by production of memorials 15 of valuable consideration, when required in ejectment 17 — — insufficient, as against a stranger by bare production of sub- sequent deed 17 of registered title 19 Examined copy from registrar's book, good 19 Effect of examined copy of a memorial of a registered deed 29 Examined Copy from registrar's book good evidence 19 Execution Debtor and Sheriff. Sales by, of the same land 21 Fees to registrar 29 Registrar, under 9 V. c. 34, has no right to charge a fee for the entry iu the margin of memorial 29 Forged Deed, registration of, gives no effect to 13 Fraudulent Title gains no priority by registry 13 Growing Timber, conveyance of is within the registry acts 23 Husband and Wife. Wife's interest. Wife's acknowledgment of mortgage. Sale by sheriff 28 INDEX TO THE JUDICIAL DICTA. vii FAOE. Indorsed Deed. Memorial of 14,16 Intention of Registry Act 8, 34 Irish Registration Act. Tacking. Effect of notice 82,84 Statute, Lord Redesdale's decisions on, applicable in construing the 18 & 14 V. c. 68 Judgment. Lands bound on registry of, under 9 V. c. 34, 18th sec- tion binds lands under 9 V. c. 84, s. 13, from date of registry, 48 16 7 7 9 9 !9 L9 21 29 29 13 18 23 28 not with reference only to remedy by elegit, but for the purpose of sale under a j^. /a 19 Sale under execution to satisfy, and sale by execution debtor at the same time 21 binds lands from registration 83 Trior registration of. Priority. Unregistered deeds 33 prior to 9 V. c. 34, attached on goods and lands, on delivery of writ to sheriff 40 since 9 V. c. 84, attach and bind lands from date of regis- tration 40 Effect of statute 9 V. c. 34 40 Further alteration as to, by 13 & 14 V. c. 63, and provi- sions of 40 Effect of statute to give judgment creditor a specific, in- stead of a general lien on debtor's lands 41 Registered, lien 46 Registered, lands affected by, under statutes 55 and Conveyances registered, efiect of 13 & 14 V. c. 68, on 54 and Deeds registered take effect under 13 & 14 V. c. 63, ac- cording to date of registration 61 Unregistered conveyance is void against a subsequent regis- tered judgment 61 Registered. Equitable claim 62 Judgment Creditor purchasing equity of redemption at sheriff's sale, cannot set up his registered judgment against a mortgage on the premises made before delivery of writ to sheriff 42 Effect of statute 43, 44 • not on the same footing under 13 & 14 V. c. 63, for all purposes, as a purchaser 61, 63 In cases not affected by registry laws, not entitled to the rights of a purchaser for value without notice 61 Effect of 13 & 14 V. o. 63, on 60, 68 Lands bound on registry of judgment, under 9 V. c. 34, 13th section 10 bound not with referonce only to elegit, but for the purposes of sale under afi.fa 19 Lien for unpaid purchase money has priority over lien created by a registered judgment against the vendee 40 33 Vlll INDEX TO THE JUDICIAL DICTA. PAGE. Lien Registered judgment 46 Memorial, entry and registration of, effect of 11 more than 30 years old, of a lost deed, is good evidence on bare production 13, 14 of deed. Middlesex Registry Act, England 14 not complying with directions of act, effect of 14 lithographed, is a memorial put v; to writing under 7 Anne c. 20, s. 5, (Middlesex) 14 Indorsed deed...- 14, 15 signed by grantee, good evidoii^e ;>; trial, after agreement to admit deeds by production of memorials 15 Effect in eyidence of examined copy of 29 Mortgage. Registrar bound to file certificate of discharge of a por- tion of the lands 27 Mistake in Deed may be rectified against a judgment creditor, and his lien does not attach 47, 53 Notice in equity and at law 7,8,12 of unregistered deed. Court of law. Application of Registry Act „ 26 Security taken without notice of prior incumbrance, may, after knowledge, be registered for the purpose of protection, in the same manner as a lerm may be got in 31 Tacking 37 Registration is, under 13 & 14 V. c. b3 46 of a prior equity is equivalent to registration, is the doctrine of equity, and in such a case priority of registration is of no avail 49 Object of registry acts 7, 8, 34 Patentee. Two conveyances by assignee of. Priority 26 Policy of registry laws 56 Possession not primd facie evidence of seisin 19 Possession of estate by the first but unregistered purchaser from a registered owner, is not notice of itself to a subsequent pur- chaser of the first purchaser's title 39 Priority not gained by registry of fraudulent title, or of deed from a person having no title 13 party seeking, to give in ejectment some proof of valuable consideration 17 Production of subsequent deed, stating valuable considera- tion, no evidence of against a stranger 17 of registered over unregistered deed of earlier date 30 Equitable Incumbrances. Prior registration. Notice... 31, 32 Mortgage to Creditors. Valuable consideration 34 transferable 37 of right to commit a fraud, the Legislature never intended to give 49 i - ' ' . INDEX TO THE JCDICIAL DICTA. FAOE. Priority of Registration, is of no avail to put an end to the doctrine of equity, tliat notice of a prior equity is equivalent to registra- tion 49 Purchase Money unpaid ; lien for, has priority over the lien created by a registered judgment against the vendee 40 Purchaser of Mortgagor's Interest under 12 V. c. 73, on sale by sheriflF, acquires the title of the mortgagor, at the time the writ was de- livered to the sheriff, not such as ho had at the time of regis- tering the judgment 42, 44 Effect cf statute 43 Rack Rent. Covenants, imposed upon, and to be performed by ten- ant, are not equivalent to 31 Real Estate. Terms of years in; the 12 V., c. 74, relating to mortgages, &c., of chattels, does not apply to 20 Trees standing, regarded as 24 Recital unregistered 16 Registered Title, what is 8, 9, 10, 11, 12, 13, 19 Registration of terms of years in real estate, not necessary under 12 v., c. 74, relating to mortgages of chattels 20 of assignment of alegal term of years, not necessary 20 Voluntary, draws no consequences provided for another state of things 20 Of Sheriff's Deeds, precedence gained by 20 Conveyance of growing timber, necessary 24 of Will made in Lower Canada, devising lands in Upper Canada. Office copy duly certified, equivalent to letters of probate in U. C, and may be registered as such, 28 in each township, of lands therein, required by 9 "V., c. 34 29 not notice in Ireland 32 of Crown lands, 4 & 6 Vic, c. 100 35 Attempt to register, not equivalent to 36 is notice under 13 & 14 Vic, o. 63 46 Registrar is bound to register or file certificate of discharge of a por- tion of the lands from mortgage 27 Proof of deed for, under 9 Vic, c 34, s. 17 29 not entitled to fee for entry in margin of memorial 29 Registrar's Fees for each registration 29 Registry of deeds under 35 Geo. 3, c. 5, not compulsory 11 Act, 13 & 14 V., c 63. Construction of 48 Laws. Policy of 56 Office. Powers as to removal of vested in Municipal Coun- cils for counties 30 Removal from Registry, of deed without consideration 39 Sheriff and Execution debtor, sales by, of the same land 21 X INDEX TO THE JUDICIAL DICTA. ■^ ■ PAOB. Sheriff's deed is a oonyoyance, Tvhioh ^ill take precedence by regis- tration of a prior unregistered deed 20, 88, 89 Sale of land subject to mortgage. Purchaser acquires mortgagor's title at the time of 'lelivery of writ to sheriff, not such as he h;:d at time of registering judgment 42 Tacking. Partial operation of 9 V., c. 84, to prevent , 32 Doctrine of, in English Courts of Equity i'i8, i'r Abolished in Province since 1st of January, 1851 SB Assignee of mortgage 86 Term of Years in real estate; the 12 V. c. 74, relating to mortgagee, &o., of chattels, does not apply to 20 Assigument of. Voluntary registry. Effect of 20 Timber Growing, conveyance of is within the registry acts..... 28 Townships. Lands in several; the 9 V. c 84, requires rogistration in books of each townsliip, of lands therein 28 Voluntury Ecgialrstion, does not draw the consequences provided for ' another stf.ie of things , 20 Will. Registry t ■■. Ref;i''*pred title 12 General dcviso 'v, pufsca the title, although the registration affords no inforruition ou the face of it, as to what lands are affected by it 16 — — made in 1-owcv Canada, devising lands in Upper Canada ; ofSce copy, certified, &c., is equivalent to letters of probate, and W may be registered as such y 28 ■■,„^«^^ BOWSKLL k ELLIS, PBIHTXBS, lOEOHIO. 42 32 36 20 20 28 28 20 12 16 28 I