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ii 
 

 THE LAW 
 
 Of 
 
 REGISTRATION OF TITLES 
 
 IX ONTAItiO, 
 
 HKING 
 
 AN ANNOTATION OF 
 
 "THE REGISTRY ACT," 
 
 iKLVISKU STATUTKS OF OXTAKIO, V\V. CXI.) 
 
 TOOKTIIEU WITH 
 
 A COLLECTION OV PRACTICAL FOIIMS 
 TARIFF OF FEES, ETC. 
 
 BY EDWARD HERBERT TIFFANY, 
 
 OF OSGOODE HALr, BAUKISTER-AT-r.AW. 
 
 Vigilant ibus, nun dormicntibns, jura subveniu 
 
 nt. 
 
 CARSWELL AND CO., LAW PUBLISHERS, 
 TORONTO AND EDINBLRGH, 
 
 3881. 
 
■^ 
 
 / -■"■ 
 
 Entered according to Act of I'urliament of Canada in the year of our 
 Lord one thousand i'!f,'lit hundred and eighty-one. by EowARr Heubert 
 Tiffany, in the Office of the Ministt;r of Agriculture. 
 
 Al 
 
 PRINTED HY I,0VEI,L HBOTHERH, 
 
 39 Si 41 MELINDA STREET, 
 
 TORONTO. 
 
TO 
 
 THE HONOURABLE GEORGE WILLIAM BURTON, 
 
 OXK OF THE JI-.STUKS OF THE COfUT OF AI'l'KAr.. 
 
 THIS VOMFMi: IS 
 
 ( W I T n n I H I- E K M I H S I () N ) 
 
 RESPECTFULLY DEDICATED 
 
 « A SUOHT TBUU-TE To ,„h ..kuSON.vl WoUTH AN,. TO THE KMIVFNT 
 
 Am..rnKs .„..,■„ have a,.oune„ „,s .aheeu at the ,i,a " 
 
 ANI. ON THE I.ENCH, l.T UI8 FOItMEll l-LPIL, 
 
 THE AUlHOll. 
 
PREFACE 
 
 'T^IIK promiutiit position which the llL-istry Law occupies 
 -■- in the jitridiciil system of this Province, the influence 
 which it necessarily wield , the innumerable (hiily transactions 
 relating to real estate, and the fact that no modern Canadian 
 work exists which treats especially upon this ini))ortant branch 
 of our law, have prompted tiie preparation and i)uhlication of 
 the following pages. 
 
 It is true that two manuals upon Kegistration have bem pub- 
 lished, the one by W. A. Sladden, Esq., in 18.-. and the other 
 by Samuel (r. \V<.ods, Esq.. I5arrister-at-Law, in iHfii;. The 
 form T manual lias long since become obsolete ; while the latter, 
 published immediat'ily aft.'r tbo coming into effect of the IJojrj.s. 
 try Act of istl.l, wliich imp )ited such material and radical 
 changes in the h,v and procedure of llegistration, is not of 
 •sufficiently late d,,te to satisfy the requirements of either the 
 profession or Registrars, although it is a valuable epitome of the 
 law as It stood at the time it was published. 
 
 The sixteen years which have ehq.sed sinee the introduction 
 of the Registry Act of iHOo have been fruitful in important de- 
 cisions emanating from our Courts bearing upon the construc- 
 tion and effect of that Act, and of the subsequent statutes relat. 
 ing to Registration of titles. To collate these decisions, and 
 those rendered under the former Registry Laws in force in this 
 Province, and by reference thereto to illustrate and explain the 
 principles regulating the present Registry Act has been the de- 
 S'.gn of this work. Li furtherance of this object, tlie .lecisions 
 
VI. 
 
 PKKFAC'E. 
 
 of the Courts of tJie sister Province.s of QiU'bt'C, Nova Scotia and 
 Ni'W Brunswick, and of tlie Enj,'lish, Irish and American Courts 
 utider their several Registry Acts liave been examined, and 
 noted, wherever tiiey are in point. 
 
 A comprehensive collection of useful forms, a hst of those in- 
 struments which are required to be registered luider the pro- 
 visions of particular enactments (other than those of a purely 
 private or local character), together with a tariff of fees, &c., 
 Sec, will, it is anticipated, contribute to the practical utility of 
 this volume. That this work mi.y be found to be of service to 
 his professional brethren, to those gentlemen who fill the re- 
 sjionsible otHcu of Kegistrars of Deeds, and to those persons who 
 engage in the practice of conveyancing, is the sincere desire of 
 the author. 
 
 Finally, the author has to express his regret at the delay in 
 the publication of this volume, which is solely attributable to 
 the numerous and, in the niiijority of cases, unavoidable inter- 
 ruptions to which he has been subjected. 
 
 E. H. T. 
 
 Alexandria, March 14, 1H81. 
 
TABLE OF CONTENTS. 
 
 T'nKKA(K, 
 
 Taiile of Tasks cited, 
 
 AliDKNUA KT ConniOENI)A,. , 
 INTUOM'CTION, . . 
 
 I ntcriJiutiition cIihihch, 
 
 lU'^'istry Offices, 
 
 RcgiHtrars, . . 
 
 Duties of llegistrars, 
 
 Books of Office, 
 
 CHAI'TEI; I 
 
 CHAI'TEK II. 
 
 CHAPTEU UL 
 
 CHAPTEE IV. 
 
 CHAI'TEIi V. 
 
 CHAPTEI; VI 
 Instruments that may be Eegistered, 
 
 CHAPTER VII. 
 Proof for Rofristration 
 
 CHAPTER ViJI. 
 Manner of Regiatering 
 
 CHAPTER IX. 
 
 How various Instruments are to P^gistert^d, 
 
 Paoe. 
 
 -• iii. 
 
 is. 
 
 1 
 10-19 
 2«>-2» 
 
 4^-60 
 
 ei-8() 
 
 81-93 
 
 »t-142 
 
 H;)-155 
 
 1^6-208 
 
mMl 
 
 CHAJTi;ii 1 
 Kffect of Ucj^iuttriiij.' ciOuiitiiiii ii at^uiHtar.,, ,. 2O4-330 
 
 CHAJ'J LJL LI 
 MiHci'lliuu'ouh rioviHioLh, . . .. „ ^^ ,_ 3;J7 .HWi 
 
 rHAI'TII. rZL 
 FctK of HcKiHtrars 367-389 
 
 CHAl'llEU Mini. 
 IiiHpoctor of Ri'niBtry Oftie««. ,„ „ .. 3<i 
 
 Sclit'diil) H li. Act, 
 
 Foniifi 
 
 Ai'i'KKi'ra JL 
 
 Aj'iTMirj a 
 
 3i)().31)6 
 3»»)-3n5 
 
 40:!-43'2 
 
 Lint of IiiHtruuit'iits requirwd tn l»t^ BUujHferetl iiml»»r 
 
 (.'I'ltiiiii StututeB, 
 
 TarilT (.f F(.p8. 
 
 Ai'i'KMiij, 'C; 
 
 Al'l'I-VliTS ffi» 
 
 Tftlilc of foiiiK r R('i.'istrv ArtK. 
 
 Iniucx ok Fou>ts, 
 
 4;»3-137 
 
 4:iM -4 1 1 
 
 (iKNrr.Ai. I 
 
 NM X, 
 
 442 
 
 44)) 
 4ot) 
 
i 
 
 TAB1£ OF CASES CITED. 
 
 AMtdt V Kuiith, «a 
 
 AM't.tt V (t.!rw,'ir!w Til; I.'; I 
 
 17'2, 17.H 
 Ajirn bunk v Ilinrm JUT. ill. 
 
 317, :ii':.' 
 
 Alluii H KhIuu . ct. I,- I'll) j::i 
 Aiiilt ih.iii V. I'riir, !Ull 
 AndiivNh V. JliiniK, iHA 
 Ariiltfrrv v. ''")i.' ,iiii. LJ!> 
 Ariiiilili V vi'i.,11, tiirr 
 AKton V limi^ :jh^ i^ui 1-^K ..4.'» 
 Att, ; :.,iry V W ttU»h, ilC 
 Attorufy-GHUiirttl a ll»ruitft>ril, 
 
 Hu(\ 
 Atti>rn»'v-(i«uitiral ^ "Jniileni^h. 
 
 iJ.Ml 
 Atturiii v-CJtiiiiirul x.. SCiNiilt^' 
 
 •-'1.-. 
 Att(itiH'\-(icu(.rul « DliiUai'il, 
 
 •_'12 
 Attdiinv (jciifrul V. WUkinti 
 
 4ir, 
 
 Aii.-tiii V. Evuiih. ril< 
 
 Baltcock V. tilt Ti>»nHiup (if 
 
 I5«,lfnrd. 110 
 15h1>.v (| t V W trtwiiii iTJU. iTN 
 liiiilev V. i'l'iiiiiir. »*^ 
 Biil'lwiii V. Itu4;iiiiii. Jj'.ll, -iHU 
 
 :!2y 
 
 Ball V Ij(ini llivtir*(iui' IT,.) 
 Biiiik (if Iri'muii \.ilAViiito, L'i."{ 
 B(tnk of Miiiiircai \ lliiHiir. -ilfi 
 
 3(i:( 
 
 Bank oi Mniitica! ^ "'inmDs.m. 
 
 857 
 Blink of Toniutii r liiiiic-t. '1'2't 
 Bunk (if I'lijit'i ( aiiuiiiiW iGiler. 
 
 2H7 
 BuptiKt ChuicLl'rnjMrBv. ^itnit- 
 
 ford, 4a(i 
 Biirkur v. Kcitieh i{a!d. BUT 
 Barney v. McCurtrTTT 
 Burnhard v CrreiintilntiitH. I'A'l. 
 
 •200 
 
 Hiirnhart v. I'littc'ir-dii, '^.'1 
 Hutur-I.y v. lldclifHrd, i\r,, •.'!.' 
 Batt.isl.y V. Siiiilli, J.'iM 
 B.'iittif v. Mutton, 'JIO. •ill, 
 
 •J.'.il 
 B.Mvaii V I,(ir.l ()\f..rd. '-'l'". 
 IVck V MdtTiitt, I'.io, 'J.ll, .' ' 
 
 lllllf.lld V. liiicUllciiIsc, •( li) 
 
 li.-!l V Mclic.n, -JH.'. 
 
 B-U V WaP.if, •i.ll. 'J;!.!. •')().■>, 
 
 .■|07, :»•-'>*, :fi',( 
 H.-liitiny V Saliiuf, I'-'O, 1'2H 
 lii-tili.iii) V Ki'iinc, 'J'l'J 
 
 Bnlinet V. .lolicrt, ')'.( 
 
 H.niu'ttd V. Hdldtii. ;{<)7 
 
 li. Ihilllt! V. CHIllclltt, '2iH, •J.V,», 
 
 .■i-j:i, :i;j-2 
 Bctliiiiic V. Cdilpctt, -J'.)? 
 l!«-vciidt;c V. (/riclninii, '2'l'2 
 bitidiilpii V St .Icilin, •2.'>1 
 BlltldV^ V. Staliv. Is.l 
 Mill V. ('iintdii, '221 
 Hi-.h(jp V, Scliiicidi'i', 77 
 Bi-lid|i I'f WinchotiT v I'aiiio, 
 
 i2t; 
 
 lil.i.k V. I,d\vc, 112 
 
 bliid.- V lilu(U.s, 22K. 2ir., 2.'.», 
 
 2s I, :!ls 
 Blak.'icy V. (■..inctt, 2il7, 2.!tl 
 |:l.itchli\v V. ().^l)^)rn.•, '211 
 Hoiidy v'. Fox, 27^. a a. :!21 
 lidiiciicr V. Sill it li, 17 i, 2'in, 
 
 am, am, ;ii i. a.'.7 
 
 Bdult V. \V.'lliiih't(iii ildt. 1 Co., 
 
 ta.-) 
 
 Bd'irsdl V Savii^'i', 217 
 
 Boyl.. V. Ward, 1-20 
 
 Brace V Iiuclioa of Marl- 
 
 hdi-dULrh, 2iti. aai 
 
 Bra.llMini v. Hai;, 21)1 
 Brad.sliaw v. Kig. of Siiuooo 
 
 ill lie, \i>-l 
 Bradley v. lUohes, 210, 247 
 Brady v Walls, 2ia, 20^ 
 Bre^a V. Dicki'v, i'll, "lO 
 
TABLE OF CASES CITED. 
 
 BriR^'s V. McBri.lp, 146 
 Brit»o!i V Knight I't uL, 306 
 UroD.is V. Day, 'M\'2 
 BiDtli.rtoii v'. Hmt, '2V.) 
 Bi'owcr V. t'aii. rcrm. B. Aas., 
 
 H\r,. -.i-.iri 
 
 Bmwn V. (iat^'o, liH 
 
 Bniv.rc V. Knox, '215, 253, 293, 
 
 2\to 
 Brvfiiit rt (il. V. Hill, 284 
 Biiclmn:iii V. ('inii|iliell, 223 
 Biu-klc V. Mitclu'll. 223 
 Biiclil.'v V. nowiiiMii, .■{32, 333 1 
 Bull v.'Hntcliiiis 12H : 
 
 Biiin|pus V. I'lattiicr, 242 | 
 
 Bunting v. Bell, 43') 
 BurKi'KS V. HowoU, 260, 326 
 Burnicster in It, , 246, 241», ^ni) 
 Bnrnhain v. I)al.\ , 2M,2'JJ, 297 
 Buniliaiu v. (ialt. 1 14 
 Burns V. (irilliii, l.'U) 
 Burns V. McA.lani, 192 
 Buiritt V. Bc'uihan, l:{"> 
 Bushfli V. Bushfll, 16,81, 231 
 
 Cameron v. Hutchison, 44") 
 Camiiix'll (7 <il., 1)1 Rt'.. 297 
 Canipla'll V. Campl)i'll, 2(IH, 283 
 CamiilicU V. Coi|)s. York and 
 
 l\el, 74, 80, 383, 384 i 
 
 Cani|ilii'll V. Fox, 207 
 Cam|ilic!l V. Mcl)ou<,'all, 260 
 Canada I'crin. L. it S. Co. v. 
 
 I'a^'c, 136, 146 
 Cariislc V, Whalcy, 2.".8, 335 
 Carried; et al. v. Sniitli, 187 
 Carroll v. Bur^pss, 302 
 Carswell v. Huffman, 42 
 Casey V. Jordan, l.')6, 206,244 
 Cassidy, q. t., v. Henry, 4;i6 
 Cater v. Cooley. 3(>9. .-'i;;;! 
 Cliadwiilv V. 'I'urner, 210, 250 
 
 26M. 26',(, 271, 27.1. 277 
 Cliiindos V. Brownlow, 86, 224, 
 
 2.-)8, ;!()9 
 Charles v. Dulniaf^p, 287 
 Cherry v. Alorton, 144, 
 Cheval V. Nicholls, 317 
 ChildiTs V. Child.M's, 257 
 Chillinor v. Chilliner, 13 
 Chilton V. r.ee, 131 
 Chundier vt al. v. Bates cf (//., 
 
 288 
 Clark V. AnnstronK, 86, 233, 249 
 Clark V. Bryant, 145 
 Clark V. Jenluns, 445 
 Close V. Belmont, 445 
 
 Cochrane v. Franklin, 130 
 Cotdirane v. .loiinston, 282,445 
 Cocdnane v Walker, 
 Cocdi( 11 V, Taylor, 217 
 Co(diey V. Miine, .314 
 Coj;s\vell V. (Jrahani, 313 
 Coles ex. )>. V. Uiieker, 263 
 Collins V. Deinpsay, 188 
 Collinson v. liister, ■.'43 
 Cidlver V. Slntw, 217, 2.14, 264 
 Commonwealth of I'enn. v.Har- 
 
 iner I't III., 44 
 Cooley et III. V. Smith, 234, 328, 
 
 329 
 Corliin V. Sullivan, 310 
 Cotter V. Sutherland, 284 
 Crawford v. Armour. 190 
 Crawford v, Curra^di rt at., 164, 
 
 165 
 CredlaUil v. Potter, 212. 238 
 Crockford v. iMjuitalde Ins. Co., 
 
 109 
 Crofton V. Ormsln-, 90, 233 
 Croker V. Martin, 221 
 Crooks V. Williams, 446 
 Croshy V. Murphy 262 
 Croshy V, Wadsw<irth, 16 
 Crymlde v. Adair, 175 
 Cummins v. Moore, 413 
 Currier v. Frieilrick. 435 
 Curtis V. Lyman. 77 
 Curtis V. IVrry, 258 
 
 Danlieriy v. Cocklnirn, 222 
 Daniels V Daviilson (9Gr.,173), 
 
 225 
 Daniels v. Davidson (16 Vcs., 
 
 249), 90. 233 
 Darling et al. v. Welier, 262 
 Davidson v. MeKuv,s5, 87, 92 
 D.ivis, In Re., 27 i! 276 
 Davis V. Karl of Slrathmore, 
 
 131, 242, 246, 25(;, 311, 322 
 Davis ft ((/., v. VanNorman, 166 
 Daws V. Anderson, 217 * 
 
 De F.urest v. Bunnell, 102, 110 
 De (iear v. Smitli, ;>26 
 Dehart v. Dehart, 443 
 Dehicour v. Freeman, 63 
 Delesderniers v. Kin!,'sley, 210, 
 
 251, 312 
 Denistoun v. Fyfe. 327 
 Derhv Canal Co", v. Wihnot, 121 
 De Veher V. Britain, lOil 
 Dexter V. Cosford, 131, 132 
 Dikeman v. Putdihafer, 152 
 Dilkv. Douglass, 181, 441 
 
 ■■,»« 
 
TABLE OF CASKS CITED. 
 
 Zl. 
 
 Dillon V. Costello, f.4 
 Doiin V. Warrt'ii ttal., 202 
 Pmiiiiiion Hiivinjjs JJuiik v. 
 
 KittriilKe, 3(15, ;{88 
 I)ori(iii V. llobertsoii, 42 
 ])onKliis V. Bniilford, 2!tt 
 Doiitri" V. (.iiiKiioii, (iO, HH/j 
 J)(iwuts V. Gorddii, !)() 
 Drew V. Ldid Norimry, 16, H5, 
 
 Drirtil V. (ioodwin, 247 
 
 Drydc'ii V. Fnist, 2!8 
 
 Diiiiiblo V. Johnson rl nU, 207 
 
 Dnnliiini v Kin^'. 257 
 
 Dunloj) V. Towiisliii) of York, 
 
 2(t:!, 231. 258, 30/5 
 Diuiind V. City of KingHton, 71 
 Dyut's V. Bdles, 414 
 
 Doe d. Adkins v. Atkinson, 207 
 Doe d. Auldjo v. Hollister, 2tK), 
 
 296 
 Doe d. Bnker v. Clark, 266 
 Doe d, Hank of England v. . 
 
 Chambers, 123 I 
 
 Doe d. Bell v. Orr, 287 ' 
 
 Doe d. Bell v, Eeauniore ct a!., 
 
 287 
 Doe d. Blair v. Ridout, 154 } 
 
 Doe d. Boulton v. Ferguson: 
 
 296 
 Doe d. Bowman v. Cameron ', 
 
 430 
 Doe d. Bowen v. Robertson, 
 
 254, 280 
 Doe d. Brcniian v. O'Neill, 58, 
 
 146, 154. 215, 293, 295 
 Doe d. Bridges v. Qnir ,, 257 
 Doe d. V, Bucknell, 238, 
 
 309 
 Doe d. Camiilall v. Hamilton, 
 
 293 
 Doe d Catherine v.|Tnrnbnll, ('? 
 Doe d. Cronk <'t ai, v. Smith 
 
 226 
 Doe d. Crookshank v. Huiuber- 
 
 stone, 146, 184 
 Doe d. Dissett v. MeLeod, 296 
 Doe d. Ehertz v. Wilson, 267 
 
 273 
 Doe d. Ellis V. McGill, 208, 278 
 Doe d. Heuessev V. Myers, 207. 
 
 253 
 
 Doe d V. HoKp, 128 
 
 Doe d. Hubbard v. Power, 231, 
 
 804 
 
 I Doe d. Hughes v. Jones, 29.3 
 { Doe d. Irvin v. Webster. 255 
 1 Doe d. Kerr, v. McCullv, 147, 
 I 153 
 
 ' Doe d. Kingston B. S. Co. v. 
 Rainsfonl. 81,88, 91, 107.313 
 Doe d. Link v. .\usman, 279 
 
 I Doe d. V. Lluvil, 155 
 
 ' Doe d. Eowry v. ^Jraiit, 04, 279 
 I Doe d. I-yons v. .Slavin, 314 
 I Doe d. Major v. Reviiolds, 210, 
 ! 278 
 
 : Doe d. Matloek v. Disher, 22.3 
 Doe d. Miller v. TitTauv, 293, 
 
 294 
 Doe d. MotTatt V. Hall, 293 
 i)oe d. .MeKay v. Allen, 203 
 Doed, Melvenziev. Mosher, 147 
 Doe d. .McLean v. Manahan, 116, 
 
 151 
 Doe d. Nellis v. Matlock 259 
 Doe d. !M1 V, MiteheneV. 207 
 
 22K, 317 
 Doe (1. Prince v. Girtv, 58, 154, 
 220, 278 
 I Doe d. Proudfoot V. McRae, 
 ! 296, 300 
 
 Doe d. Rennick v. Armstrong, 
 52, 96, 120, 154, 174, 175 
 I Doe d. Robin.son v. Chaser, 147, 
 154 
 
 ]),)(. d. V. Rusham, 221 
 
 , l>oe d. Russell v. Hod^kiss, 216 
 ' Doe d. Russell v. (iiUclt, 140 
 Doe (L Shibiev v. Walilron, 207, 
 
 313 
 Doe d Simpson v. J'alls, 153 
 Doe d. SpalTord, v. Breaken- 
 
 ridge, 253. 310, 313 
 Doe d. SpatTord v. Brown. 290 
 Doe d. Tiffany v. Miller. 293 
 Doe d. Till'any v. McKwau, 255 
 Due d. Wray v. Morrison. 415 
 
 Kccleston V. Cjipsham, 41 
 Figgiugton V. Litclilield, 32 
 Ellis V. Ellis, 179 
 Ellis V. (irubb. 16, 17 
 Elsev V. Lutvens,235, 244 321 
 
 323 
 Engerson v. Smith, 308 
 Fspin V. Pembertoi), 240, 248 
 Essex V. Baugh, 120, 175, 244, 
 
 314, 321, 323 
 European Bank, In Re., 246 
 Evans v. Elliott. 238, 309 
 Evans v. Thomas, 84 
 
 «0 
 
 I 
 
 J* 
 
1': 
 
 Xll. 
 
 TABLE OF CASKS CITAd. 
 
 Evrc V. Dolphin, 213, 2.55, 302, 
 
 318 
 Eyre v. McDonell, 227 
 
 Farnsworth v. Cliilds, 2o2 
 Fell V. South, 1J5 
 Ferguson v. Frc^'iuiiii, 287 
 FoiKUsoii V. Froiitt'iiac, 333 
 Fer^'u.son v. Hill et (»/., l(i, 17, 
 Fei^'iison V. Kiltv, 237 
 Fcniiss V. McDo'iiidd, 229, 230, 
 
 232, 23H, 2.j!), 321, 32(1 
 Fi.l.l V. Hii.41, 211 
 Finch V. Wiiicliilsca, 21() 
 Fir^hall v. Col.', :^(;2 
 Fit/.;,'ii)l)oii V. I)ii;.'i^ in, li)5, 293 
 FlmiinK v. Neville, 87 
 Flint V. Smith, 320 
 Flno.Vs Kstute In Re., 10, 222, 
 
 210, 2.',0, 323 
 Foley V. (ioilfrey, 147 
 Follies V. l»eiini^tonn, 233 
 Ford V. White, .'-ID, 219 
 Forrest v. Wii: rin;;toii, 2")2 
 Forrester v. Ciuniiliell, 228, 328 
 Foster V. lieall, 2.".(» 
 Foxoii V. (liis('oij:ne, 219 
 Frii/.er V. Miiniciinility of Stor- 
 
 nioiit, 22, ■)(! 
 Frazer "' Sutherland, 211 
 Fnlli'r V. 15,iinett, 21(), 217, 
 
 219 
 Fiirv \. Smith, H7, 91, 207, 291 
 
 Griiham v. Chalmers 131, 
 
 230 
 GriiiuKer v. Latham, 113 
 Gran^'er v. Gi'or{,'e, 1 13 
 (irant v. McDonald, 181 
 (iravt'S V. Smith, 320 
 Graves v. Hen<lersoii, 115 
 Gray ct al. v, McMillan, 11 
 Green v. Currin^ton, 77 
 Green v, .Tackson, 202 
 Greeii-liiclds v. Harnliart, 
 trreenwood v. <Jomnie 
 
 Bank, 181 
 Grenier v. Chanmont, l."(3 
 Grew. Ball, 233, 307, 322, 
 
 330 
 (irey v Coiicher, 232 
 Griffiths V. I'alestoii, 10 
 Criihhins V. (iutii)ins, O.'), 2( 
 Guel})li V. 'I'lic Canada Co. 
 
 132, 
 
 219 
 rcial 
 
 , 321 
 J28, 
 
 350 
 
 Gait V. Ihish, 2(;i 
 (iaiiilile V. .McKav, ')'). 
 
 371 
 
 Halleck ,-t al. v. Wilson, 2:>7, 430 
 Ham V. Ham, 112 
 Haml.ly V. Fuller, 2')7. 130 
 Hamilton /» /ic, 12 
 Hamilton v. Dennis, 122 
 HamiltciM v. EK<,'letoii, 288 
 Hainilt(;ii v. Love, 100 
 Hamilton v. Lvons, 51. 113 
 HaruiUoii v. Lyster, 202. 301 
 Hammond v. McLay, (10 V . C. 
 
 L. .1.), 00, 73 
 Hammond v. Mcliav, i21 U. C. 
 
 11 ). 6 ., 73 
 Hammo d .-. Mcl.av, [20 V . G. 
 
 K.), 2S, 73 
 
 Gail 
 
 •k. 
 
 ar. liner 
 81, 173 
 
 itlessinton, 10, (i3. 
 
 Hamii 
 
 U), 
 
 Hardi 
 
 9. 
 
 d V, Mel 
 73 
 ( arrv. 
 
 av 
 
 128 U. C. 
 
 '.t, 172, 173, 
 
 Gardi 
 
 (iarJi 
 
 -'89 
 
 Garritt v. Blakeicv, 2.J.S 
 
 (iarsi 
 
 lie V. Kii 
 
 111 
 
 (iartli V 
 
 Wi 
 
 1: 
 
 171,3.- 
 
 tiaudet V. Brown, 97 
 Gaviller v. Beaton, 290 
 Geori'e v. Millbank, 222 
 
 Hai^rreaves v. liotiiwrll, 21.j, 
 
 2 19 
 Harkiii v. Hal.idon, 111 
 Harper v. liibh, .310 
 Harris v. ii.irlier, 58 
 Harrison v. Armour, 12. 327 
 
 Gilleland ft iil., v. Wadsworth ' Harrison v. Bref/a, 20, 12, 13, 
 
 et al.,m8, 30t- 
 Gillen V. Havnes, 329 
 
 55, 78 
 Harrison v. Firth, 115 
 
 (tiUesnie v. Van F,;,'niont, 210 t Harrison v. Wiltshire, 217 
 
 (lodhold V. Lambert, 310 
 
 GolT V. Lister, 157, 207, 219, 
 
 225, 23.S, 322 
 Goodwin V. Williams. 411 
 Gordan v. Ijotliian, .>»2, 115 
 (JoslaiK's Case, 227 
 Gowlaud V. Garbiitt, 190 
 
 Hartv V. Ajiplehv, 173. 235, 258, 
 
 358 
 Harvey v. ^Llnt iu;ue, 131 
 Harvey v. Smith, 32») 
 Hawkins v. Holmes, 257 
 Haviu's v. Gilh n, 308, 328, 329 
 Ha'zlitt V. Hall, 291 
 
TABLE OF CASES CITED. 
 
 Xlll. 
 
 f 
 
 Heap V. Crawford, 220 
 HciiderKdii V. Ciravcti, 230, '-^14, 
 
 247, 218 
 HcrlxTl's C»sp, 12t) 
 Hcward v. Wolfi'iidfii. 197 
 Hewcf V. WiHWuU, 2o2 
 Hewitt V. Loosciuore, 243, 248 
 Hit-'gins lie., 208 
 Hill.orn v. Mills, 114 
 Hill ex. p., 2f);^ 
 Hill V. Manchester Water 
 
 Works Co., 121 
 Hine v. Dodd, 231, 24",, 249, 25(» 
 Hionis V. Holtoii, 24(> 
 Hirons v. .Niuiiiciiial Council of 
 
 Auihirstbiir).', 109 
 Hdldiouse V. Hamilton, 58, 120 
 HodKi'U V Glittery, 21.",, 217 
 Hodgf^ou V. ])ean, 304 
 Hodgson V. Sliarpe, 89. 203, 4 t.'i 
 Holhuid V. Moore, 1;",G,205, 20() 
 Hollywood V. Wator.s, 230, 250, 
 
 321 
 Hulnies V. Penny, 232 
 Holmes V. 'Ihompson. 262 
 Honeycomb y. Waldron, 88, 
 
 210', 251, 312 
 Hood V. Conkrite, 90 
 Hope V. Ferguson, 50,372,374, 
 
 375 
 Hopkins, Barnes v. Hopkins, 
 
 J(e, 292 
 Hopkim-on y. Rolt, 331 
 Howard v. Mclntyre, 203 
 Howe ct iix y. Tlmmjison, 288 
 Howes V. Tjee, 1^5, 190 
 Hudson V. Wanen, 214 
 Hu'.'bes y. Lumley, 153, 324 
 Hnglisoii y. Dayis, 259, 325 
 Hunter v. Farr, IHI 
 Hunter y. Keniu'dv, 210, 262 
 Hurd y. Billinton,"223 
 Hutdiings y. Kuttan, 293 
 Hynian y. Koots, 332, 335 
 
 lr<'son y. Pearmaii. 202 
 Irish y. Haiyey, 152 
 Irons y. Kidwi-ll, 120, 230 
 Iryjii y. Siniond.'<, 80, b9 
 Irving, Ex. I'., 51 
 Irwiu y. (jroy, 40 
 
 •luck V. Land<'r, 372 
 Jnckson y. T.ougliljreiid, 201 
 •hi('k<on y. (riven, 242 
 ■lackson V. (iould, iOO 
 Jackson y. Ushorn, lOO 
 
 ' Jainieson v. Lainc, 132 
 .lainieson v. McCollum, 329 
 .Tennings in Re, 18, 174, 357 
 .Teniiiugs v. Moore, 245 
 .Jephson y. Maunsell, 202 
 Johnson, e.\. p., 182 
 Jidinson y. Holdsworth, 324 
 I Johnson v. I.egard, 222 
 i Johnson y. Sovereign, 444 
 Johnson V. Howden, 2'.t6 
 Johnston y. Dublin ik Mrath, 
 
 175 
 JoUaiul y. Stainhridge,230, 243, 
 
 219, 250, 251 
 Joui s v. Bank of Upper Canada, 
 
 327 
 .Tones v. Beck, 445 
 Jones y Cowden, 79, 170, 209, 
 
 283, 300. .301 
 Jones v. Frost, 129 
 Jones v. (ialway Town Council, 
 
 122 
 Jones V. Ciibhon, 217. 203, 204 
 Jones V. Smith, 229, 239 
 Jusou y. Gariliner, 129 
 
 Kay y. Wilson, 231, 302 
 . K(ich V Iliill, 238, 201, .309 
 , Keele \ tidout, 155, 370 
 
 Kelly v. lorray, 14() 
 ' Kennedy v. Daly, 241 
 
 Kennedy v. Green, 229, 2J7 
 
 Kerns v. Scrope, 107, 243, 313, 
 ' 314 
 
 Kikeworth y. ^Slantung, 225 
 
 Kitchen y. Kitchen, 25li 
 
 Kitchen y. .Murray, 213, 204 
 
 Ijane, in re. 24(i 
 
 Li'.swell y. Presbyterian Cliurch, 
 
 152 
 Latch v. Bright, 85, 80, 87 
 Latouchr V. Lord Dunsany, 16, 
 
 231 
 Lawless y. Kenny, 228 
 Lawrie y. liathbun, 77, 78, 79, 
 
 107, 3()l 
 Lee y. (ireen, 227, 317 
 Lee y. Howes et iil, 185, 180, 
 
 196 
 I Lee (/ ul v. Morrow, 13, 183, 
 
 ; 185 
 
 Leech y. Leech it iil, 221 
 ; Leeniiug y. Marshall. 110 
 
 Lefebvre v. Banchand, 201, 204 
 ! Lenehan v. McCabe 245, 249 
 
 Le Neve v. Le Neve, 125, 245,317 
 
T 
 
 1l^%- 
 
 TAIILE OF CASKS CITED. 
 
 h 
 
 Lonfesty v. Reiinnd, 153, 324 
 
 Lester v. Lt'stiT, 2()2 
 
 Liiidsey V. ("^oip. of Toronto, 
 
 341, 37'J, 381 
 Listowcll V. (iil)ljings, '2(10 
 Littlftifld V, Gitchell, -ill 
 Lo(,'!ii! V. \Vi('iilii)lt, 13 
 Lon^,' V. Bosvriiin, 13 
 Loiint, in ri\ 14H, 3(19 
 Lovt'liice V. riiiniiiKtdii, 223 
 Low V. McClill, 222 
 Lowtli.r V. Cailton, 233, 241, 
 
 24;^ 323 
 Lyncli V. OH.ira, 202 
 L.vnch V. Wilson, 2iVl. 380 
 Lyons, in re, 112 
 Lyster v. Houlton, 110 
 Lyster v. 13iirroiij,'lis, 'I'lO 
 
 MfiRrath v. Todd, 79. 98,176,182 
 Miilcolni V. Cbarleswortb, 17, 
 
 18, 313 
 Manary v. Dash, 434 
 Mandeville v. NiclioU, 272 
 Miiijorihanks v. Hoveuden, 248, 
 
 2 19, 258 
 Miusli V. Lee, 331 
 Miittliews V. Walker, 4 l;> 
 M:ivor of Ludlow v. Charlton, 
 
 122 
 Mend V. Lord Ossory, 129 
 Menzios v. Kennedy, 231 
 Mercer v. Hewston et al, 2r)7,486 
 Merchants' Bank v. Morrison, 
 
 308 
 Metcalfe V. Pulvertoft, 129 
 Methodist P^pis. Ch. Prop., 
 
 (Jhurchville, In re., 436 
 Middleuioro v. Goodall, 211 
 Mill V. Hill, 89, 151, 173 
 Milldnni Foundry v. Hovey, 122 
 Millar v. Smith, 304, 320, 321, 
 
 321,328 
 Miller v. Beaver Mut. Ins. Co , 
 
 198 
 Miller v. Bradford, 77 
 Miller V. McGill, 221, 445 
 Miller v. Stitt et al, 327 
 Miller v. Wilcox, 215 
 Mingay,! v. Corhett, 293 
 Mitchell V. Gorrie, 215 
 Mitchell V. Greenwood, 296 
 Moffatt V. Grover, 298, 444, 446 
 Moises V. Thornton, 124 
 Monk V. FarliuKer, 192 
 Monsell, in re, 52, 151. 172, 173, 
 
 176, 357 
 
 Montizainhert v. Gore Dis. Mut. 
 
 Ins. Co., 2r,r) 
 Monti/.amliert v. Tali)i)t, 43 
 Moore V. Bank of Briti.sh N. 
 
 230, 232, 328 
 Moore V. ('iilverhous(?, Iti 
 
 A., 
 
 M 
 
 oore V. .T( rvis. 
 
 !17 
 
 Moore V. Mahon, 324 
 
 Moore V, ThoinHs, 263 
 I Moonwoiid V. Synth Yorkshire 
 
 Co , 222 
 I Morecock V. Dickens, 415 
 
 Morrison, in re, 249 
 
 Moss ex p., 327 
 
 Moyer et itl., v. Davidson et al., 
 102, 110 
 
 Muir V. Dunnett, 257 
 
 Munro v. Kudd, 445 
 
 Muriihy v. Leader, 16, 81, 120 
 
 Murray v. Van Hrucklin, 443 
 
 Muttlebury v. Kin,/, 343 
 
 Mutual Life Ins. Co. v. Drake, 
 44, 77, 78 
 ! Myers v. Brown, 288 
 
 Myers v. Myers, 298 
 
 ! McAlpine v. Swift, 210, 252 
 ' McCrtulay v. Boyle, 167, 188 
 , McCahe v. Thompson, 195 
 I McCarthy V. Arhuekle, 221, 260 
 \ McCrunim v. Crawford, 230,232 
 McDonald v. Bell, 375 
 McDonald v. Cameron, 293 
 McDonald v. Geor(,'ian Bav Co., 
 213, 223 
 ! McDonald v. ^McDonald, 32S 
 ' McDonald v. McDonald i:t al., 
 ! 271 
 McDonald v. McDonell et al., 
 
 285 
 McDonald v. llodger, 314 
 ' McDontll V. Murphy, 94. 151, 
 i 162, 163, 173, 175 
 I McDonougli V. Dougherty, 187 
 McGill V. .\Ic(ihishan. 297 
 McGregor v. Kolxu'tson, 444 
 Mcintosh V. The Ontario Bank, 
 
 246 
 McKay v. Chrysler, 288 
 McKeuhnie v. McKechnie, 236 
 McKenney v. Arncr, 226, 444 
 McKinnon v. Anderson, 333 
 AlcLaren v. Fraser, 333 
 McLay In re., 73 
 McLean v. Burton, 17, 307 
 McLennan v. McDonald, 219, 
 227, 237, 242 
 
TABLE OF CASKS CITED. 
 
 XV. 
 
 McLennan v McLean, 179, 188 
 Me Lend v. Trimx, '^(js, 272, 277 
 MeMiistcr v. Pliipps, 210, 228 
 
 25!), 2yl, :i2(; 
 McMillan v. McDonald, 2sC 
 McMillan v. Miller, 17 
 McM array V. Burnhani, 332,445 
 Mi^Naniaiu v. Carey, 2()2 
 MeNanie.s v. I'liillipa, 243 
 McNeill V. Cahill, -244, 2()3, 204 
 
 323 
 Mcl'hadden v. Hacon, 182 
 Mcl'licrsun V. I)oii),')ui, 214 
 Mcl^neen v. Farquhar. 445 
 Mct^iiestieu v. Cainidjell, 320 
 
 Munil) V Fluett, 229 
 I'oDley V. Hosancinet, 131 
 Tope V, BriKKs, 238, 309 
 Popliaiu V. Halihvin, 233 
 Potts V. Myers. 292 
 Powell V. Dillon. 90. 233 
 Powell V. Kelley, 2")8 
 Pressy v. Trotter, 214 
 I'reston v. Tnliliin, 12.3 
 Prince v. Hraily, 2')2 
 l'roil^,'ers V. Lan>,'li:ini, 222 
 Proiulfoot V. Austin, 288 
 Pryce v. Bury, 327 
 
 e_v. Pennell, 12, 153, 324, 
 
 Neesou v. Enstwooil, 207 214 
 Neill V. McMillan, 42 
 Nelson In re., 59 
 Nelson V. Nelson, 298 
 Nev 
 
 32/ 
 
 Nicholson V. Paf,'('. 305 
 Nixon V. Hamilton, 2.J0, 219 
 
 321 
 
 O'Brien v. Trenton, 350 
 Hrien v. Tylee, 174. 444 
 Donolme v. Henihrolf, 320 
 Neil V. Carry, 443 
 OKilvie V. Jcati'res.in. 239, 215 
 Csliorne v. Williams, 258 
 Oxlev V. I,ee, 223 
 
 183 
 
 . Winstanlev 
 Hill, 257 
 Kelt. 32 • 
 
 Polls, 202 
 Wljyte, 230 
 Agricultural Ins. Co., 
 
 Palmer v 
 Parker v. 
 Parker v. 
 Parker v 
 Parker v. 
 Parlee v. 
 
 217 
 
 Patterson v. Tinpley, 257, 203 
 Patulu V. Boyington, 100, 225 
 Peahody v. Patton, 330 
 Peck V. Bucke. 290, 300 
 PcKge V. Metcalfe, 195 
 Perkins v. Brailley, 219 
 Petch V. TiUin, 10 
 Peterkin v. McFurlane. 212, 213, 
 
 2t5, 329 
 Peters V. Weller, 202 
 I'liillips V. Phillips, 218 
 Herres Estate /« Z^.., 433 
 Pilcher V. l^arrows, 31.^ 
 Pilclier V. Hawlins, 212 
 I'uikirton q, t. v. Ross, 430 
 Plant V. i'earmau. 202 
 
 liatclilTe v. Barnard, 229 
 Ratlihurn v. Culliertson, 342 
 Read V. Municipal Council of 
 
 Kent, 08 
 Reailnnin v. Bower 58 
 Ri'ed it al. V. lianks, 50 
 Re^'ina v. Allen, 112 
 liegina V. Arnand, 51 
 Ue^rina v. Benjamin et al., 45. 
 : 152 
 
 I Uegiiui V. Boulton, 350 
 I Regina v. Ciuninissioner of Ex- 
 I cise, 51 
 Regina v. Corps, of North it 
 Durham, 23 
 : Ri'i,'ina v. Harvey, 152 
 Regiiui V. -McLi'an, 45 
 Regiini v. Middlesex (Regr.) (7 
 , Q. B., 150), 15 
 I Regiini v. Middlesex (15 Q. B., 
 ' 97()), 79, 151, 172, 174 
 Regina v. Miildlesex (1 El., & 
 
 El., 322), 90 151 
 Regina v. O'Meara 111 
 Regina v. Ituhidge, 317, 349 
 Regina v. Smith, 258 
 Rt'gistrar of Carlton In re, 51, 
 
 55, 371 
 Registrar of London, v. Regr. of 
 
 Middlesex, 71 
 Registrar of York In re., 109 
 Reid V. Miller, 290 
 Reid V. Whitehead, 91. 97, 98, 
 110, 110, 102, 103. 173, 174, 
 175, 210, 308, 312, 313, 314, 
 444 
 Rex V. Briggs, 122 
 Rex V. Collector of Liverpool, 
 
 51 
 Rex V. Hall, 20 
 Rex V. Haughley, 121 
 Rice V. O Connor, 90, 219, 235, 
 250, 251 
 
XVI. 
 
 TABLK OK CASKS CITED, 
 
 RichimlH V. Bnrcton, 'Jt.**, 219 
 liichiirtlvoii V. Annitiigc, 2")() 
 liiiMick V. Gleiinoii, 214, 321, 
 
 323 
 Iti.loiit, in re, r,l, iHi) 
 Koiiils V. Symini'H, 2ri2 
 liohcrtsoii, in re, 110 
 lt(il)iiiN()ii V. Alsop, 227 
 Roliiiison V. liycis, 181 
 lioltsoii V. Arj,'U(', li'O 
 KoliSdii V. Carpenter, 04, 121, 
 
 211 
 lldbsDn V. Wadiiell et al, 79, 
 
 171, ."il.-i, :i">t) 
 IWluird V. iMilton, 18, 256 
 hoc V. briideii, 231. 234. 321, 
 
 32!) 
 Roe et al v. McNeill, 251 
 RofitTs, ex p., 24(i 
 Rogers V. SliortisH, 241 
 Rogers V. Jones, 2;J2 
 Rolland V. Hart, 24t). 217, 249 
 Rorke, in re, 24(5, 218 
 Harvey, 223 
 Me Lay, (10 U. C.R. 87), 
 
 RoS8 V 
 
 Ross V 
 
 42 
 Ross V 
 
 McLay (40 U. C R. 83), 
 
 42, 382 
 Ross V. McLay (2(i U. C. P. 190), 
 
 ',4, 372, 37;j, 379 
 Ross V Stratliy, 2(52 
 Rossin V. Walker, 350 
 Royal Ctnailian Bank v. Cum- 
 mer, 327 
 Rutledge V. McLean, 209, 251 
 Ruttan V. Leviscomte, 290, 291, 
 
 292 
 Ryall V. OBriiui, 233 
 Ryan v. Deverenx, Ififi, 175, 
 
 182, 207, 357, 422, -123 
 Ryan V. Landers, 445 
 Rvcknnin v. Canada Life Ass. 
 
 Co, 217, 218 
 Rycknian v. Van Volteubnrg et 
 
 al, 287 
 Rykert v. Miller, 207, 238, 248, 
 
 249, 281 
 
 Salmon v. Clngett, 263 
 Sanderson v. Biirdett, 244, 321 
 Saugeen v. The Church Society, 
 
 350 
 Savles V. Brown, 444 
 Schafer v. R( illy, 242 
 Scon 11 V. Boxall e( al, 16 
 Scott et al V. McLeod, 207, 208 
 Scott V. Vosburg, 443, 445 
 
 Scrafton v. Quincev, 212 
 Scully V. Scully, 65 
 Second Cong. Ch. Prop, Toron- 
 to, 436 
 Severn v. McLellan, 228,319,328 
 ShallcrosH v. Dixon, 128 
 Shank V. Coulthard. 225 
 Shaw V. Ledyard, 444 
 Sharpe v. Foy, 247 
 Sheldon v. Cox, 245, 318 
 
 Sherhoneau v. Jeffs, 235, 322. 
 
 328 
 I Hiildi^nham v. Harrison, 263 
 Sidey v. Hardcastle, 13, 183, 
 Siewers v. Conimonwealth, 44 
 Simpson v. Fogo, 212 
 Slator V. Slator, 173 
 Snnirt v. Cottle, 196 
 Smart v. Mclswan, 218 
 Smith V. Bernie, 197 
 Smith V. Bonnisteel, 237, 280 
 Smith V. Council Prescott & 
 
 Russ, 443 
 Smith V. McLandress, 288 
 Smith V. lledford, 45 
 Smith et al v. Ridout, 118, 368 
 Smith [n Re v. Shenston, 185, 
 
 188 
 Soden V. Stevens, 229, 230, 239, 
 
 321 
 Sonierville v. Kerr, 129 
 Sorel V. Caiiienter, 125 
 Sjjencer v. Topham, 248 
 Staniland v. Ho))kins, 26 
 Steedman v. Poole, 239 
 Stej)h>ns' Estate In Rg., 96, 
 
 101, 358 
 Stephens V. Simpson, 276, 281 
 Stephenson v. lloysci, 174 
 Stevens et al. v. Jacques et al., 
 
 284 
 Stevi'uson V. P'ranklin, 224 
 Stevenson v. Rowand. 262 
 Stewart v. Clark, 19(j 
 Stoddart v. Stoddart. 199 
 Stratton v. l\astall, 261 
 Streattield v. Halliday, 41 
 Street V. Commercial Bank, 
 
 302, 335 
 Stuart V. Bruneau, 310 
 Stuart V. Brunseu, 253 
 Stuart V, Ferguson, 251 
 Sullivan v. Walsh, 154, 172, 357 
 Sampler v. Cooper, 18 
 Sutlierland v. Walker, 91 
 Swaine et al. v. Stone, 113 
 
 .-.* 
 
TAnr-R OF ("ASKS {'ITKD. 
 
 XVll. 
 
 Talliot V. Gilmnrtin, H8, 313 
 Taylor v. J-iliicklow, 217 
 Taylor V. Stilil).Tt, H'j 
 Temple V. MoI.acljlHii, 202 
 Teni^^on v Swffiicy, :>'M> 
 Tilt- Ciiunty of Hustings v. 
 
 I'l.iiton, H-;» 
 Tlif- l»ffiii (V C. Cliii)it('r of 
 
 York V. .Mi(l(llclmrf.'li, 3(i() 
 Tli<- Ontario Salt Co. v. Tho 
 
 Mtrcliuiits Salt Co., 122 
 ThfiiHpMiii V ("artwri^'lit, 219 
 Thompson v. Simpson, 2")G 
 Thomp-'on v. Webster In Ri\, 
 
 132, 340 
 Thornliill v Thornliill ;')!) 
 Thorpe InRe , isl 
 Thuiplfr V, Bilch. 238, 3(W 
 TiiLiiiy V, Clark.', 443 
 TifTduy V. McCuml.cr, 2">H 
 Tomliiison v. Hill, 2H<t 
 Tomlin«on v. Steer, 21H 
 Totten V. DoUj,'lass, 211, 22o, 
 
 237. 23(» 
 TriKslell V. Cook, 444 
 Trnsteen Aiiileysville W. M. 
 
 Church V. Grower, 58 
 Trii-t & Loan Co. v.Boultiin,n)l 
 Trust &i Loan Co. v. Covert, 2r)7 
 Tni!?t & Loan Co. v. Cuthhert, 
 
 208 
 Trust iV Loan Co. v. Gallagher, 
 
 13, 183 
 Trn^t & Loan Co. v, Shaw, 231, 
 
 304 
 Tucker V. Henzill, 216 
 Turn-tall v. Trappe.s, 227, 215, 
 
 21i;. 317 
 Tw\ cross V. Moore, 215, 
 Tyier v. Thomas, 128 
 
 Unilerwooil v. Lord Courtown, 
 219 
 
 Vance v. Cummings, 156, 206, 
 
 231. 303 
 Vand-rkemp v. Sholton,445 
 VanNorman v. McCarty, 1!)7 
 Vunsickler v. Pettit, 208 
 
 Waldy V. Gray, 246 
 
 Walker V. P<.\vers, 297 
 
 Wall V. Leader, 443 
 
 Wallace v. Lord Donegal, 126, 
 
 2:33 
 WapeLs V. Ball, 288 
 Warbarton v. Ivie, 445 
 1 a 
 
 , Warbiirton v. Loveland, 26.'i,2'Jt 
 
 I Ward V. Corporations of Nor- 
 
 ' thnmliirlandi'v: l)iiiliani.22,24 
 Ward V. Mi. Hand KaiUvay of 
 
 ' Cmada, 371, 138 
 
 : Warrick v. Warrick, 215 
 
 I Waters v. Shade, 215, 23:\ 252 
 
 I 251, 2'J3, 21)5, 310 
 
 I Watson V. Hay, 110 
 
 ' Watson V. Sadl.ir, 445 
 Watts V. Mitcliell, 220 
 Wih'^ter V. Reg. of Brant, In re, 
 
 51 
 Webster v. Van Steenherg, 242 
 Weeks V. Wrav, 3'J 
 West V. Ueid, '23'.» 
 Westhr.iok.' V. Bivthe, 153, .324 
 Whitbrua.l v. .Jordan, 22!t, 230, 
 
 23!) 
 White V. Huntir, 181 
 White V, White. 131, 132 
 Wigle V. Setteringtcui, 218, 228, 
 
 237, 251. 328 
 Wilde V. (iihson, 211) 
 Wildyoose V Waylaiid, 243 
 Wilkinson v. Charlesworth, 17 
 Wilkinson v. Conklin, 220, 278 
 Williamson v. Sorell. 88, 210, 
 251, 270, 301) 
 
 , Willie V. Lugg, 3;'5 
 Willis V. Brown, 263 
 Willis V. Greenhill, 216 
 Willoughhy V. Willonghhv, 214 
 
 : Wiseman v. Westland, 445 
 
 ' Witham V.Smith, 21)3, 297 
 Wolsely V. Worthington, 114 
 Wood ft nl V. Dunn, 11)5 
 Woodhill V. Sullivan et nl, 123 
 WoodnilT/'^ nl V. Mills, 106 
 
 j Wormald v, Maitland, 230, 231, 
 
 I 219,327 
 
 I Worslev V. Earl of Scarborough, 
 
 I 128, 245 
 
 W^right's Mortgage Trusts, In 
 Re. 12, 319 
 
 . Wright V. Stanfield, 18 
 Wrightson v. HmKon, 335, 445 
 Wrixon v. Vize, 261 
 
 i Wulff v. Jav, 261 
 Wvatt V, Barwell. 103, 126, 173, 
 
 221), 230, 250, 321, 358 
 Wvllie V. Pollen. 219 
 Wyoming v. Bell, 343 
 
 Wythev. Pollen, 219 
 Yarrington v. Lyon, 182 
 Young V. Higgins, 39 
 
I 
 
 I 
 
INTRODUCTION. 
 
 No <,'eneral system of registration existed throughout 
 Eugliintl, on Oct. 15th, 1702, upon which day the hiws of 
 that country rehiting to civil property and rights, other 
 than those of a purely local or limited character, were 
 introduced into this Province hy the Stat. 32 Goo. 3, c. 1. 
 In the early part of the last century registration was 
 estahlished in the counties of York and Middlesex, l)ut it 
 was never extended heyond those localities. The sole 
 enactment relating to tlie recording of deeds was the 
 Statute of Enrolments (1), which was intended to counter- 
 act the evil effects resulting from the practice of secret 
 conveyances under the Statute of Uses (2). It provided 
 that (ivery bargain and sale of an inheritance or freehold 
 should ho hy a deed indented and enrolled within six 
 lunar months from its date, either in one of the Courts of 
 Westminster, or hefore the -Justices and Clerk of the 
 Peace in the county wherein the lands aflfocted were situ- 
 ate. This Statute,, as one of the laws of England 
 relating to civil property and rights, came into force in 
 this Province hy virtue of the Statute 32 Geo. 3, c. 1. 
 Fully aware of the inconvenience caused by non-registra- 
 tion, and the numerous opportunities for the perpetration 
 of fraad and injustice which the want of a general system 
 of registration of documents of title gave birth to; and also 
 recognizing the pressing necessity of affording every 
 facility to transactions in real estate in a young country, 
 those, to whose hands the working of the new constitution 
 had been entrusted, lost no time in introducing a general 
 
 (1) '27 Henry 8, c. 16. (2) 27 Henry 8, c. 10. 
 
iNxnomrcTioN. 
 
 registry law ; and in the fourth Bcssion of the first Parha- 
 ment of the Province, the fuun(hitionfl of the present sys- 
 tem of Uegistrution, which we at present enjoy, were hiid 
 by the Act iio Geo. i\, c. 5. known as the Ptegistry Act of 
 171)5. Its k'ading provisions were mainly based upon 
 the York and Middlesex U'j<,'istry Acts. Piegistvation was, 
 however, made optional, so long as no memorial had l»een 
 cntired in tlie Uegistry Ol'liee, but so soon as that event 
 occurred, the title became what has been termed " a reg- 
 istered title," and thenceforth it was rendered compulsory 
 to register every instrument affecting the titb-, in order to 
 retain priority as against suljse([uent purchasers and 
 mortgagees for value (1). Provision was maiie for the 
 establislnncnt of Hegistry Ofticcs, the a[)|iointm((nt, removal 
 and dulies of Registrars, aud tlio mo;lo of registration. 
 Piegistration of a will, if effected within six months after 
 the date of the testator's death, was eipiivalent to registry 
 immeJiately after the di'ath. Leases at rack rent, or 
 where tiie term demised did not extend beyond twenty-one 
 years, provided actual poss 'ssion and occupation went 
 along with the lease, were excepted from the operation of 
 the statute. The Statute of Enrolments was not super- 
 seded by the Registry Act, and, in som ■ instances, lands 
 having been conveyed by deeds of bargain and sale with- 
 out enrolment, it was enacted by the Stat. 37 Geo. 8, c. 8, 
 which had a retroactive as well as a pr()S[)ective eft'ect, that 
 registration in tiie proper Registry Office would validate 
 such deeds, to the same extent and effect as if they had 
 been duly enrolled. Piecei)tion of memorials of instru- 
 ments executed in Great Rritain, Ireland and the Colonies 
 was ))rovided for by the Act 58 Geo. 3, c. 8. The Statute 
 of Enrolments was virtually repealed by the Act 4 Wm. 4, 
 c. 1, s. 47, which declaied that n<'itlier enrolment nor reg- 
 istration was essential to the validit} of a deed of bargain 
 and sale, although registration would be necessary to 
 
 (1) See p. 207 post. 
 
 I 
 
INTBOWCnu*-' 
 
 3 
 
 proscrvo its priority, hs in l'^*- ea.«* at other iiistriinn'uta 
 (1). This Act opcratiil retrosj^wflifelr t2). Ct'rtiticiitfs 
 of disclmr<4t! of ni )rtj;ii^eB girrn Mibt$«^qni»nt to defniilt in 
 piiytncnt \vtr(! dccliinvl by the Afl 4 W. 4, c. !♦>, to opo- 
 rate as valid discliar;j;e.N and rtoonr-^vaneta. 
 
 A revision and ami iidnjftit of tb* Rieiristry Laws was 
 eft'tctcMl l)y tlio Act 9 Vic, c. 34. kj^/oim a.-* the Rrrjistry 
 Act of IHK), which first admiltri jti'J'jment.s of Courts of 
 lieconl to tht! hcuclits of re;;irtralk»B!. 
 
 The necessity for atlt ndanc-<^ on th<e- faiK of tlie witness 
 to the nu'inorial hefore the !»• p^^^M• .>r Lis Deputy under 
 l^rior statutes was dispensfd ■«"itti. aad provision was 
 made for proving execution -wLtrr- tbe- vtituess was \)er- 
 manently residing without iLt- Pr<>rince. The period 
 allowed for the registration of willsxa-j extended to twelve 
 montlis. Leases at rack rtut ••■tr'e i>«> longer excepted 
 from the operation of the K-gistrv Liwi. and it was sulH- 
 ciont if actual possession acc' •mj'^niieii a lease under 
 tweuty-one years^ K-gistration of a 4ee<i of bargain and 
 sale was declared to he equivalt-nf to eDr>lm *nt. J)eeds 
 by corporations were admitteid lj» r«r^^tratiou without 
 other proof than the affixing of iLt -r.-jrate s-al. Plans 
 of Town and Village lots Wtre rr'ju.r-r.i zo fje tiled. 
 
 County Councils were cbargei »iiih the erection of 
 Registry Offices, and t!ie duty of Rrru5tmr-< upon a sej)a- 
 raiion of registration division? -sra-i i-rtiaed. By the Act 
 11 & 12 Vic, c. 1(), certain double- r-rUnive to discharges 
 of mortgages were removed. Tut- Ati I'i Jc 14 Vic, c ()3, 
 gave to the registration of judiim^iiU su^ same validity as 
 the dockettiiig thereof would L«Te prxiaced. It also 
 declared what elTect a registered j^i^Tunt would possess, 
 anil delined the remedies of the jui^inDa^nK credit )r. Reg- 
 istration was no longer allowed to be optional, but tiie 
 
 (1) Sec Doe (1. A<lkiiis v. Atkinsnri 4 Q B-O SL 1-401 
 
 (2) R.)Kt'is et <(/. V. Ijaniutu .". g B. O. S. SSd. SM-d. Loncks v. FLsher, 
 2 U. C. U., 470 ; sue Doe d. Spaffurd v BsmcmtlmU 3 Q. B O. S., 92. 
 
 I 
 
 ■I 
 
INTROlitlCTlOK. 
 
 riglitH of c'((iiit(il)l(! inortt^agocH wwt fr***f^e(l. Tacking 
 WJiH iil)()liHli('(l, and n'^istA-r^'d iu^-trtniJ^nCM t<)ok priority 
 accordiiif,' to date of ri},'istry— wbtTt u.'ii3^'jr-*t:rred, priority 
 of timt! of t'Xt'(!Utioii ^ovcnit'd. Th*: n»<!^:i)n of the Ucf^is- 
 try Act of IHU) ri:latin;j; to rfsrinij.. in.l tnrohnout 
 of duodH of l)ar},'ain and huK' wat- r* ]• b -'i. li^j^'ist ration 
 was doclared to coiiMtittitc in EcjoiTt nnCwie to ptTHons 
 claiinin<j; inttroKts Hul)Ht'(jiu'ut to hU'L i!^.-j;iAtvy . Certain 
 judj^i'saiid other [JcrsoiiK wi're eujj>'>\vttrtii no take attidavit.H 
 of ixrciition of iiistrunuTitH exfcut^^d juu Lr.ver Canadji. 
 
 iionds and instriiiiniits creatiu;.^ Atrtt-* to the Crown 
 were required hy the Act 14 iV !'> Vjt-.. <t-t>, to be registered 
 in the ot'tice of the Clerk of the Ct>urt aid <"2ii^«*n's Bench in 
 Toronto, in order to inaintdin prJcffiiltj", :ind th-' hinds 
 bound therehy could only be relnafctiS hy an Ordtr in 
 Council, By the Act W Vic, c. 1«1. ♦.. t<i«-l. tleeda of sale 
 for taxes before lHr)l under the Art ■(* f^j'ttO'. -8, 7, were auth- 
 orized to l)e registered, notwithstauiiru: cli.^ repeal i.'f that 
 Act. Chan;,fe3 in the territorial diriwo»ii+ of the I'rovince 
 necessitated the jjassaj^e of the Art K» ^;.. it. iHl. which 
 delint'd the duties of Ue<j;istrarB upou VLi formation of new 
 divisions. Registry Books were to ht- nhnt^-niter provided 
 by the County, instead of l)y the }'T<mxu'.nr as formerly. 
 But one memorial was required of a-u jrLt^tii'ument embrac- 
 ing lands situate in several localities xl che same County. 
 Further provision was made for the r^-^-iCration of memo- 
 rials of instruments executed wilLuii niiue Province, but 
 without the County where the laDd^^ aS*i?t;ed were situate. 
 Powers of Attorney were, for ti^e iir«l liLOie. admitted to 
 registration. - 
 
 By the Act 18 Vic, c 1*27. unregiBt.tTr*i£ judgments were 
 declared to form no lien ujwn land*,. ,uQii certiticates of 
 bills filed, or proceedings taken, in tlH- Court of Chancery 
 were required to bo registered, in ordtir t;<) atiect persons 
 with notice thereof. The registratiuii -.i decrees was pro- 
 vided for, and the method of regisurijaii^ memorials of 
 
 ■'C 
 
CITBOOrcTION. 
 
 were 
 Les of 
 In eery 
 Iraons 
 
 pro- 
 
 ll3 of 
 
 inH(rurn(ntH (■x«TUl.*'t ■without the rroviiicc improved upon. 
 liuleB and ordrr*- id the Superior niid County Courts 
 directing tlie }iuyui*iiii of money were admitted to re^^is- 
 tration by the Atn i!± Vu;. M), a. 17 {IStA)). 
 
 Upon the oonh difiuKioa of the Provincial Statutes in 
 185!>. thi' various onuit^iuent.s relating to tlu' rej^'istration 
 of inHtnuneuth aflM'.nrii-^ titlis wcrt; consolidatid, and 
 in('ori>iirat'-'d in l.b^ itH;h (:ha|)ter of the Con. Stat, of U. 
 C., but no umtiuduiiOCrf or additions of any imi>oi'tanco 
 were made. 
 
 The provisiouf Ttiitrnn^ to the registration of judgments 
 were re])ealed bylil'- )fu!t 24 Vic, c. H, and as that [)or- 
 tion of the liefriKtry ' mw has long since l)ecome obsoUte, 
 reference thereto huf Ijftm omitted in th(> following aniu)- 
 tation. The Act tci-.o. iitf»^i't on Sept. Ist, 18(51. but pre- 
 Bervtd the rights id ;wty registtred judgment creditor who 
 Bhould issue before tilbtt date a writ of execution against 
 the lands of the judrnHiit del)tor. A relerenco in the Act 
 to discharge of mf.«n^:t^^H led to the passage of the Act 
 24 Vic, c. 21, wluuh'i-.iani'med dis(;harge8 registered sinco 
 May 18, 18(»1, and jir^-ndrid for their future registration. 
 
 The vear lH(i5 uiuir{i*iL a new era in the historv of regis- 
 tration in this Proviun*. The incouvenience and im[>erfect 
 machinery of the fvi?:itiu. theretofore in vogue demanded a 
 change iu the mod^.id cegistration. By the Act 21) Vic, 
 c 24, all former +mu'.i:iuents were repealtMl, their better 
 features being. ho\v*^xi+r, preserved and recast iu the new 
 statute. Uegistraticn: ;i.u full length was substituted for 
 the former mt^thod. fjitepr where the instrument was exe- 
 cuted before .7au. 1+n.. t*iH. An enlarginl construction 
 was placed uj) m the unHCfuments capal)le of and requiring 
 registration. TLiee-KiuiJlialnu.^nt and extension of Kegistry 
 Oi'lices, the aj>poiutuiiiic.. n;im,oval and duties of Registrars, 
 and the character ttuil aiiaul)er of hooka of office, were duly 
 provided for. Grown j^-'ants were admitted to registry. 
 Witnesses were coui^iHieiL to make affidavits of execution. 
 
6 
 
 INTRODUCTION. 
 
 Proof of execution when the witn3S3 was doad, or absent 
 from the Province, was to be made before the; Judye of the 
 County Court, and not before the Quarter Sessions. 
 The registration of Powers of Attorney and substitutions 
 thereof was improved upon, and notarial copies of certain 
 instruments executed in Lower C.mada were allowed to be 
 registered. 
 
 Priority of registration was in all cases to prevail, in the 
 absence of actual notice. The exemption which had there- 
 tofore existed in favor of equitable mortgages, ^'c, was 
 abolished, and the Act was extended to all leases exceed- 
 ing seven years, or where actual possession did not accom- 
 pany a lease. 
 
 Am])le provision was made for the registration of certain 
 municipal by-laws, the filing of plans and amendment 
 thereof, and for re-registration in case of the loss or 
 destruction of Registry Books or papers. Certain defects 
 in registration were remedied, and to insure the ellicient 
 working of the new system the appointment of an Inspector 
 of Et'gistry Offices was provided for, and his duties deiined. 
 The Act 14 I'v 15 Vic, c. 9, hereinbefore referred to, re- 
 quiring registration in the Court of Queen's Bench of 
 bonds, itc, creating debts to the Crown was repealed by 
 the Act *2S) & lU) Vic, c. 43, and these instruments were 
 pbiced upon the same footing as obligations between pri- 
 vate persons, an exception being made in favor of those 
 securities, which had b(;en registered prior to the repeal. 
 
 The changes brought about by the Confederation of the 
 various Provinces naturally created an increase of legisla- 
 tion. The Act 29 Vic, c. 24, was repealed by the Act 31 
 Vic, c 30, which was, however, substantially a re-enact- 
 ment, of the repealed statute. Certificates of discharge 
 of mortgage by married women were, by the Act 32 Vic, 
 c. 1), authorized to be registered without a certificate of 
 examination (1). Prothonotarial copies of instruments 
 
 (1) Set- U Vic. c. 35. 
 
 , i<* 
 
INXnODfCTION. 
 
 executed in the Province of Quc'l)oc, were admitted to reg- 
 istration by the Act 31 Vic, c. 25 ; and the re^'istration of 
 a deed containing lauds in several counties by means of 
 certified copies thereof was permittjd by the Act 81 Vic. 
 c. 2f). Tlie liens held by the Crown under Jjonds, v^-c, 
 registered in the Coui-ts of Queen's Bencli, were finally 
 abolished by the Act 3(j Vic, c. (>, s. 5. The Act 80 Vic, 
 c. 17, made provision for proof where the witness should 
 become insane, idiotic, Sec. Certain defect in affidavits 
 were declared not to invalidate registration, and registra- 
 tion was constituted notice at Law as well as in Ecjuity, 
 notwithstanding any defects in the proof for regihitry. 
 Prior di'fectivt; registrations w^re validaied. Sheriffs and 
 Eailifls were empowered by the Act 88 Vic, c 17, to exe- 
 cute certificates of disciiarge of mo tgages seized under 
 execution. Some amendments of minor importance were 
 introduced by the Act 89 Vic, c. •!'), which also etfected 
 changes in the holidays allowed tn Registrars, and extended 
 their hours of atttiulance. 
 
 Upon the revision of the Provincial Statutes in 1877, 
 the i»rinr enactments were collated, and arranged in the 
 compendious form they now appear in. Since that period 
 but two amendments have been introduced : the one by 
 tlie Act 42 Vic, c 20, authorizing the registration of 
 notices of sale of mortgaged i)remises, in default of pay- 
 ment — the other by the Act 4-1 Vic, c. 10, whicli dispenses 
 with the necessit} of the husband of a married woman 
 becoming a party to, or executing, a certificate of discharge 
 of mortgage given by her. 
 
 In the foregoing condensed account of the rise, progress 
 and development of the system of registration in this 
 Province reference to matters of minor import, though 
 connected with that system, has, through want of space, 
 been omitted, but in the following pages they vyill be 
 alluded to in their appropriate places. 
 
m 
 
REVISED STATUTES OF ONTARIO 
 
 CHAPTEIl CXI. 
 
 •An Act respecting the R 
 relating 
 
 luterprctatiou : 
 
 "Iiistriiiaeut," "Land,' 
 "Will," "County," 8. 2. 
 llPKistry Offices, s,<<. H-r>. 
 liegiHtnu's ami DeputioH : 
 
 Appoiiitiiicut, security of, &c. 
 • ss. (j-li), 
 
 I)uti,;s, ss 20-21. 
 Boolcs of Office : 
 
 To be furnished by County. 
 
 SH. 'i.J-27. 
 Trunsfer of, upon alteration 
 lu limits of the Registra- 
 tion Division, ss. 28-31, 
 Copies of, when too old for 
 
 use, s. ;12 
 Al)stract Imlcxes, ss. ;i3-3.5. 
 Alphiibetioal Indexes, ss ;U 
 3i1. 
 
 Instruments which may bo re"- 
 istered, ss. 3(5, 37. "^ 
 
 Proof_ for Kegistration, ss. 
 3H-/J4. 
 
 Manner of Ilogistering, ss 
 
 ou-fJO. 
 Registration of— 
 
 Crown (rrants, s. 01. 
 
 Orders in Council, s. G2 
 
 Wills, s. 03. 
 
 Other Instruments, s, 61 
 
 lustriiinents executed before 
 1st Jan. 1801), ss. 05, CO 
 67-7?'''''' "^ '"'""'y^Siis, ss. 
 
 By-law.s, s. 1'.]. 
 
 egistration of Instruments 
 to Lauds. 
 
 Elfect of Registering or omit- 
 tiiig t() register, ss. 7-1-81. 
 Ijiiregistered instruments af- 
 ter grant from the Crowu 
 void against sub.sequent re- 
 gistered purchaser, s. 71. 
 Wills not registered within 
 twelve months after death, 
 
 8. ir>. 
 
 Deed.s on sales of taxes not 
 registered eighteen mouth.s 
 after sale, ss. 70-77. 
 
 Registration as notice, ss 
 ^ 78-80. 
 
 Equitable liens invalid as 
 against registered instru- 
 ments, s. 81. 
 
 Tacking not allowed as 
 against registered instru- 
 ments, s. 81. 
 Registration of plans, ss. 82-85. 
 Provisions for re-registration in 
 
 case of loss, &c., of registry 
 
 books, s. 80. 
 
 ^^87!!)'' '" '■•'«'''*'ration, ss. 
 
 List of Patents to lie furnished 
 
 to Registrar, s. 91. 
 Offences, 29 V , e 21, ss. 80-81. 
 Fees of Registrars, ss. 92-105. 
 Inspector of Registrv Offices, 
 
 ss. 100, 107. 
 Act not t') aid construction of 
 
 other Acts, s. 108. 
 
rnanraBHi 
 
 |,ii 
 
 10 
 
 THK KKOISTRY ACT. 
 
 roDAP. 
 
 L n. 
 
 THE REGISTRY ACT. 
 
 (Revised Statutes of Ontario, Chapter CXI.) 
 
 CHAPTER I. 
 
 PnEAMni.E. 
 
 §1. Short Title. 
 §2. Intoii)r( tiition clause. 
 ; 1 .) " Iiistniiaeiit." 
 
 ((( ) Crown (f rants ; 
 
 (/;,) OnUrs in Council ; 
 
 (c.) Dccils and Convcvances ; 
 
 (d.) -Mort;;ii;,'i's and .\ssi;,'iiin(>nt of Mortgage 
 
 (e.) Ciirtiticatc of Dischargo of Mortgayo ; 
 
 ( f. ) A.ssiirance ; 
 
 (<;.) Ijease ; 
 
 (h.) B.nd; 
 
 (i ) Uuli.'ascs ; Di.scliarges ; 
 
 (J.) I*o\vcr of .Vttorncy, or substitutions thereof ; 
 
 (A'.) ISonds or AKnoincnts for sale ; 
 
 (/.) Iji'tti'r of Attorney ; 
 
 (m ) Will ; 
 
 {n ) l^rol)Mt<> of Will, cVc. ; 
 
 (o.) Cirant of Adniiiiistrafion with the will annexed ; 
 
 (fi.) Mmiieijial Hoad iiy-laws ; 
 
 (q.) C(.•rtiti(^■lt'•s of prcMJoedinKn it Iiaw or Equity ; 
 
 (c.) Cortiticntts of payuicnt of Taxes ; 
 
 (*.) SlicriiTs' and Treasurers' Deeds ; 
 
 (t.) Every Contract in Writing ; 
 
 (u.) l'roeeedint;>i in Tiimacy, Insolvency, iSrc. ; 
 
 ((' ) Ctiier Instruments ; 
 (2.) " r.ands." 
 (3.) "Will.' 
 (4.) "County." 
 
 Chapter 1. 
 
 Sec. 1. 
 
 Short 
 title, 
 
 H(^r Majesty, by and with the advice and consent of the Legis- 
 lativt! Assembly of the Province of Ontario, enacts as follows : 
 
 1. This Act may be cited as " The Rtg;istry Act." 
 
 The adoption of brief and concise titles to stat- 
 utes of general utility is co!n[)arativeIy modern, 
 but is an improvement upon the former method. 
 A short title, for citation purposes, was not confer- 
 red upon any statute rehiting to registration, until 
 the passage of the Registry Act of 1865, which was 
 designated the " Registration of Titles, (Upper 
 
 .'it 
 
CHAP. r."i 
 52. . 
 
 INTERPRETATION CLAUSE. 
 
 11 
 
 led ; 
 
 Legis- 
 lows : 
 
 stat- 
 oilern, 
 jtbod. 
 onfer- 
 , until 
 ch was 
 Upper 
 
 Canada) Act," (1). Upon the repeal of that Stat- 
 ute by the RoRistry Act of 18()7-8, the hitter 
 Act was designated the " Uef ration of Titles 
 (Ontario) Act." (2) 
 
 2. Ill tho construction of tliis Act 
 
 (1.) ''Instruinont" shall iiu'lmlc every Crown prant ; Ordorin Intorpre- 
 Council of tlic Doniiiiiou or of this Province ; deed ; conveyance; tiition 
 niortfjiiRu ; assi^,'nment of mortKHKC ; certificate of discliarge of clause. 
 ;norti,Mf,'e ; assuran(!e ; lease; hond ; release ; discharge ; power " Instru- 
 of attorney, or substitution thereof, under which any sudi deed, ment." 
 conveyance, assurance, tliscliar>;c of niortgat^e or other instru- 
 ment is executed ; l)ondt) or a^treenients for sale or purchase of 
 land ; letter of attorney ; will ; prohate of will , grant of adminis- 
 tration with the will annexed; muiiicipal road by-law ; ciu'tilicato 
 of any proceedings in any Court, decree of foreclosure, and every 
 otlu'r certificate or decree of any Court aiTecting any interest in or 
 title to land; also, certilicates of )mynient of taxes granted under 
 the corporate seal of the County, City, or Town hy the Treasurer ; 
 every SheritTs and Treasurer's deed of lands sold hy virtue of liis 
 office ; every contract in writing ; (n-ery Commission and pro- 
 ceeding in Luna(\v, Bankruptcy and Insolvency; and every other 
 instrument whereby lands or real estate may be transferred, dis. 
 ))osed of, charged, incumbered, or affected, in any wise, in Law or 
 in E(iuity, atToctiiig land in Ontario. 
 
 ((/.) No provision existed for the registration in Crown 
 Registry Offices, of Patents from the Crown, prior to ^™"''' 
 the Registry Act of 18(55. Lists of Patents issued 
 being annually transmitted to the Registrar of each 
 Registry Division by the Commissioner of Crown 
 Lands, and Provincial Registrar respectively. 
 Since the passage of that Act, the Provincial Reg- 
 istrar is required to transmit quarterly returns to 
 each Registrar. See notes to sections 01 and 1)1 post. 
 
 (b.) Under the authority of a number of Dominion Orders in 
 and Provincial Statutes, Orders in (Council, affect- *^""'"'^" 
 ing real estate, may be passed by the Governor 
 General in Council, and Lieutenant-Governor in 
 Council. For example, it is enacted by the Act 88 
 Vic. {]).) cap. 13, that, upon tho satisfaction of any 
 security upon real estate held by the Crown, the Gov- 
 ernor General may, by order in Council, declare the 
 
 (1) 2!) Vic, c. 21, sec. 83. 
 •(2) 31 Vic , c, 20, HOC. 80. 
 
12 
 
 THE REGISTRY ACT. 
 
 rCHAP. I. 
 
 same to be satisfied ; a duly certified copy of such 
 Order in Council ojierating as a release of such 
 security from any claim of the Crown thereon. 
 Also, under Bev. Stat. (Ont.) cap. 00, the real 
 estate of an Intestate, dying witliout any known 
 relatives in Ontario, may be sold, or otherwise 
 disposed of, by the Lieutenant-Oovernor in Coun- 
 cil, by an Order in Council. Notwithstanding that 
 Orders in Council of this nature could be passed, it 
 was not until the passage of 40 Vic. c. 8, s. 40 (1), 
 that any provision was made for their registration. 
 See notes to section 02 post. 
 Docds and (c.) The words "all deeds and conveyances'" 
 auces^^ extend to every species of deed or instrument by 
 which lands may be conveyed or affected. The 
 word " conveyance " includes a feoffment, grant, 
 lease, surrender, or other assurance of land (2) ; 
 it is, however, not confined to instruments under 
 seal (3). 
 Mortgage (d.) The word "mortgage" includes every in- 
 signment strument by which land is conveyed, assigned, 
 of Moit- pledged or charged, as security for the^-epayment 
 of money, or money's worth lent, and to be re-con- 
 veyed, re-assigned or released in satisfaction of 
 the debt. (4) A writing accompanying a deposit of 
 will deeds by way of pledge, or mortgage, is capa- 
 ble of registration (5.) 
 .g (e.) The efficacy of a certificate of discharge as 
 
 of Dis- a reconveyance lies in its registration, when, by 
 MMtgage. ^o'-'c^ of *^^6 statute, it operates as a re-conveyance 
 of the legal estate ; as, until then, it is merely 
 
 (1) Incorporated with sec. 62, 2>oi>t. 
 
 (2) R. 8. Ont., cap. ii8 ; Neve v. Pennell, 2 Hem. A M., 170 ; In 
 re Hamilton, « Ir. Chy. 512. 
 
 (3) In re. Wrights' Mortgage Trusts, 43 L .J., Ch. 66, per Malins, 
 V-C, ; s. c. 16, L. R. Eq., 41, 47. 
 
 (4) R. S. (Ont.), c. 98. 
 
 (5) Neve v. Pennell, 2 Hem. & M., 170 ; but see contra, Har- 
 rison vs. Armour, 11 Or., 303. 
 
 'M 
 

 INTKRPRKTATION CLAUSE. 
 
 18 
 
 ^'<7i 
 
 I 
 
 evidence of payment (1). See further notes to 
 sections 07-7-2 post. 
 
 if.) This i.s a comprehensive term, inchuling, as Assur- 
 it does, every instrument by which land maybo'^"''^- 
 conveyed or transferred (2). 
 
 tij.) A lease for a term not exceeding,' seven years. Lease, 
 provided the actual possession goes along with such 
 lease, is not required to be registered, in order to 
 maintain its priority over subsequent purchasers or 
 incumbrancers. This subject is referred to more 
 fully in the explanatory notes to section 37 post. 
 
 (/<.) "Bonds" within the contemplation of this Bond. 
 Act are those relating to real estate. A bond, with 
 a penalty, conditioned to convey lands upon the 
 payment of a certain price, is deemed in Equity as 
 equivalent to an agreement to convey such lands, 
 upon payment of the price ; and the obligor is not 
 at liberty to exercise the option of paying the pen- 
 alty, notwithstanding that the bond is conditional (3). 
 
 li.i A " Iielease " is the extinguishment of aRoieases 
 right or interest in lands to another, who has an^|J^j.ggg' 
 estate in possession in the same lands (4), and 
 should be evidenced by deed. "Discharges" need not 
 be under seal, and apply equally to a release of 
 personal rights and obligations, as well as to 
 interests in lands. 
 
 Ij.) See the remarks upon sections 50-52 post. Powers of 
 
 (/i.) Agreements and bonds for the sale of real or distrr^ 
 
 estate, being capable of specific performance''"*^'""^ 
 
 through the niedium of a Court of Equity, aregondgor 
 
 appropriate subjects for registration. Agree- 
 
 ments for 
 
 (li Sidt-y V. Hardcastle, 11 U. C. R., 108, per Burns J, ; see sale, 
 also, Lee et al. v. Morrow, 25, U. C. R., 604 ; Trust and Loan Co. 
 V. Gallaghfrr, H P. R. 97. 
 
 (2i Tomlinson's Law Dictionary. 
 
 (3i Logan V. Wienholt ; 7, Bligb N. R. 1, 49. 60; Chilliner v. 
 Chilliner, 2 Vcs. Sr., 528; Long v. Bowring, 33 Beav., 585. 
 
 (i) Watkins Convey, 9 Ed., 331. 
 
I 
 
 14 
 
 Loiter of 
 Attonicv. 
 
 Will. 
 
 Proliate of 
 will. 
 
 Grant of 
 Adininis- 
 tnitioii 
 with will 
 auucxed. 
 
 THK RKOISTRY ACT. 
 
 fCHAP. I. 
 
 Municipal 
 
 Road 
 
 By-laws. 
 
 Certifi- 
 cates of 
 proceed- 
 ings in 
 Court of 
 Chancery 
 
 Certifi- 
 cates of 
 payment 
 of Taxes. 
 
 ii 
 
 (/.) A convortible term for " power of attorney," 
 but usuiilly employed in matters connected with 
 commercial interests. 
 
 (in.) " AVill " more properly refers only to 
 " devises" of realty; the word '' testament " relat- 
 ing exclusivdy to personalty. 
 
 (».) "Probate" is the ollic-ial evidence of the 
 will having been duly proved in tbe i)roi)('r Court. 
 See section 2, ss. li, and sections 0;} and 7i) }u»it. 
 
 [o.) Administration with tlie will anne.xed is 
 granted where the testator omits to ai)p(jint an 
 executor; or, having appointed one, the appoint- 
 ment fails from tbe refusal of the executor to act, 
 liis death in the lifetime of the testator, or where 
 he dies intestate after ju'oof, but before he has 
 fully administered (1). 
 
 (;).) This only refers to those by-laws, under the 
 authority of which any street, road, or highway 
 has been, or may be opened upon any private 
 property. See section 73 2:)ost. 
 
 (q.) Such certificates were first required to be 
 registered under the Acts 18 Yic. cap. 127 and 
 20 Yic. cap. 5G, in order to affect any person, not 
 a party to the proceedings, with notice. No certifi- 
 cate is required to be registered of a suit or pro- 
 ceeding upon the foreclosure of a registered mort- 
 gage. Orders and decrees for alimony can be 
 registered (2). 
 
 (r). Jt will be noticed that the cei'tificate must 
 be granted by the Treasurer of the " County, City 
 or Town" under the Corporate Seal. Certificates 
 granted by Township Treasurers are not included. 
 
 Under " The Assessment Act " (3), after the 
 statement of arrears of taxes has been transmitted 
 
 (1) Wms. onExors., 4C1. 
 
 (2) R. S. (Ont.),c, 40, s. 44. 
 (a) R. S. (Out.), c. 180. 
 
 >a 
 
CHAP. I."| 
 §2. J 
 
 INTERPUKTATION CI.AUSK. 
 
 Iff 
 
 3 
 ■ii' 
 
 ■^ 
 
 as 
 
 by the Townsliip Treasurer to the County Treas- 
 urer, tlio latter is alone entitled to receive pay- 
 ment (jf such arrears, and to j^rant receijjts tUero- 
 for il). He is also entitled to receive jiaymeiit of 
 arrears and costs from the owner desiring to 
 redeem lands sold by the Treasurer, within the 
 period allowed by that Statute ci). The Treasurer 
 is obliged to keep a triplicate blank receipt book, 
 and on receipt of any sum of money for taxes, to 
 deliver to the party making such payment, one of 
 such receipts, delivering the second of the set to 
 the County, City or Town Clerk, and retaining the 
 third of the set in his book. For forms of such 
 receipts or certificate see appendix B. 
 
 (.9.) The registration of deeds by these ollicials^^'f-!"i''f'« 
 
 " *^ . aiul freai 
 
 is referred to m the remarks upon sections 70 and urtrs 
 17 post. ^'''^'' 
 
 (t.) This term is unintentionally too broad, asEverycon 
 it is, for registration purposes, confined only to Jr^iu". 
 sucli as affect real estate, or interests therein. 
 The word "writing" will include lithography (3). 
 
 (w.) Proceedings in lunacy are regulated byi'roceed- 
 Bev. Stat. Ont., cap. 40, sec. 57-72, and by the Lunacy, 
 consolidated orders of the Court of Chancery pub- I'lsoiv 
 lished in 18G8, Nos. 517 et. scq. 
 
 As to Bankruptcy and Insolvency vide 38 Vic. 
 (D.) c. 16 and amending Acts. 
 
 (f .) The concluding clause of this subsection is other 
 comprehensive enough, to include, not only those ^"■'^^'■"- 
 instruments hereinbefore specifically referred to, 
 but also every other instrument or document, which, 
 directly or indirectly, affects interests arising out 
 of, or connected with, real estate. With the excep- 
 tion of that class of leases mentioned in section 37 
 
 (1) R.S. (Out.) c, 180, sec. 116. 
 
 (•2) 11).— Sec. 137, s.s. 2, and sec. 147. 
 
 (3) Reg. Y. Middlesex (Registrar) 7 Q.B. 156. 
 
 ency, &c. 
 
 ments. 
 
16 
 
 TIIK RFrilSTKY ACT. 
 
 CHAP I. 
 
 "Land." 
 
 What is 
 comprised 
 in tho 
 term 
 " land." 
 
 Sale of 
 Grass. 
 
 Sale of 
 
 Growing 
 
 Timber 
 
 within 
 
 liegistry 
 
 Act. 
 
 post, the Act contonipliitcs the registration of all 
 instruments, deeds and conveyances ; whether 
 founded upon vohuitary, vahiable or good consid- 
 erations (1), and whether legal or equitable in their 
 
 nature or (tifect ('2). 
 
 (2) "Lund" slmll include hinds, tenements, hereditaments, 
 appiirt-nances and real estate. 
 
 Briefly put, the word " land " comprises, not 
 only real estate in the popular acceptation of the 
 term, hut also all freehold tenements, heredita- 
 ments, cori)oreal or incor|)<)real, or any undivided 
 share or part therein, and any estate, rii^ht, title, 
 interest, inheritance, nse, trust, property, profit, pos- 
 session, claim and demand therein, thereon and 
 thereout, whatsoever, whether tit law, or in equity, 
 and whether in possession or expectancy. 
 
 An agreement for the sale of growing grass, 
 growing timber, or underwood, not made with a 
 view to their immediate severance and removal 
 from the soil, and delivery as chattels to the pur- 
 chaser, is a contract for the sale of an interest in 
 land (8). 
 
 Growing timber is so far real estate, that, to be 
 severed from the inheritance by deed or devise, 
 tho conveyance, or will, must be duly registered to 
 pass the interest intended to be conveyed (4). 
 The decision in this case was affirmed, and it was 
 held that timber was so far real estate that a con- 
 veyance of it by the owner of the fee is within the 
 Registry Acts (5). 
 
 (1) In re Flood 13, Ir. Ch. 312 ; Drew v. Lord Norbury, 3 J. 
 and L., 3(57. 
 
 (2) Bushell V. Bnshell, 1 Sch. and L., 90, 100 ; Latouche v. 
 Lord Dunsanv, 1 Sch. andL., 137; Gardiner v. Blessington, 1 Ir. 
 Ch. 64 ; Murphy v. Leader, 4 Ir. L. li., 139. 
 
 (3) Crosby v. Wadsworth, 6 East., 010 ; Griffiths v. Puleston, 13 
 M. and W., 358 ; Scorell v. Boxall et. al., 1 Y and J., 896 ; Fetch v. 
 Tutin, 15 M. and W., 116. 
 
 (4) Ellis V. Grubb, 3, 0. S„ 611. 
 
 (6) Ferguson v. Hill et. al., 11, U. C. R., 530. 
 
 m 
 
 "^ 
 
rnAP I. 
 
 5^ 
 
 CHAP, 
 
 AP. 1.1 
 12. J 
 
 INTEKPRKTATIOS CLArst- 
 
 17 
 
 of all 
 letlier 
 onsid- 
 1 their 
 
 amentB, 
 
 s, not 
 of the 
 rcdita- 
 Uvulcd 
 t, title, 
 it.pos- 
 on and 
 ecjuity, 
 
 grass, 
 with a 
 cmoval 
 he pur- 
 erest in 
 
 t, to be 
 devise, 
 ered to 
 ed (4). 
 |l it was 
 a con- 
 hin the 
 
 [bury, 3 J. 
 
 ktouclie V. 
 kon, 1 Ir. 
 
 lleston,13 
 f; Fetch V. 
 
 Semhk, that this applies on\x i'-jihi registration ButthU is 
 of the lirst conveyance or devise of soeh timber ; t..tli.- n-t^- 
 and that in consequence of the execution of the '^j'[i'|"||J.^|, 
 lirst conveyance, the timber ccHQTtT«il thereby couvty- 
 becomes virtually severed from tb* fr*tth.oId, and ""'"'''"" ^' 
 is thenceforth a chattel in contemfhkSvya of law ; 
 subse(pient transfers thereof, xh'.r-'^-r-: aeeil not 
 be rej^istered in order to niaiut _r.'-nty il). 
 
 If the owner of the soil ^ram a.. _.- ■..•-:•'. tht-y <Jrant 
 are thereby severed from the iiiLt2.iii-:<^, and sOariVsever- 
 becoiue personalty (2). ^^'^^^ 
 
 Scmblc, that standing timber is vitlnil tlM pro- I'lirdiascr 
 visions of the Registry Law; and that the pur- effected 
 chaser of a right to cut the same is affected with^^''*.' 
 
 . notice. 
 
 notice of the conveyance from the ongiDial owner, 
 and a mortgage back from hi= t^dJ-'m- 3'. But 
 should tlie purchaser of the timl-er 5aM)t9«*|aently 
 purchase the land, upon which 5n*h timber is 
 
 standing, the chattel interest in ihi ints will 
 
 become merged in the freehold, bo that anv future 
 
 transfi'V of such timber mu^t be in Trinmg and 
 
 registered (4). 
 
 The sale of the annual produc-ticm «>f the soil, ^alo of 
 1 • I 11 , ii ^ T u Li annual 
 
 wlncli would pass to the executors, ami not to the prodac- 
 
 heirs, is not a sale of an interest m Ilaai. bat of """.'^'^'' 
 
 WltlUIl 
 
 chattels ; and is therefore not withiia itL*^ Act. lu-KLitry 
 An assignment of a legacv, char?^'! inoa land." *^'; 
 
 . o . - w Assign- 
 
 has been held in England not to l>r- % i^-ed affect- ment of 
 
 ing land, but an assignment of moErj (oolv, and ^^^'^'^y* 
 
 therefore not within the Registry Art ->'. This 
 
 point was afterwards raised in aaa IrLih case 
 
 (1) Ellis V. Grubb, 3 O.S,. p. C13. See TTilLiLzi t Z^ . 708. 
 (2J McMillan vs, Miller, 7, U. C. R., '.44. j^: i._ . :■ n. C. J. 
 
 (3) McLean v. Burton. 24 Gr., 134 ; foiio-wiiir i -. '. Gnibb, 
 
 supra, and Ferguson v. Hill et. al. supra. 
 
 (4) Co. C3, b. 
 
 (5) Malcolm v. Clmrlesworth, Keen. 63, in ». Wiiiinaon. v. 
 Cbarlesworth, 5 L. J. (N. S.), Cby. 172. 
 
18 
 
 THK l!EGlKTX;y A(U. 
 
 fCHAP. I. 
 
 Aproo- 
 uipnt to 
 aKsifjn 
 Iciis'cliohl 
 iiitert'Kt. 
 
 Order for 
 pnyiiKiiit 
 of money 
 out of 
 rents. 
 
 'Will; 
 
 but not (lt!ci(l<'(l (1). The ralba|: ui irilcolm vs. 
 Clmrlt'swortli aitpcarsto be a Ktu'UikHflijoiistiMiction 
 of the Stiitiite, and has been clciQJini*iL Tn fact, in 
 h't'lanil this (licision lias utTtn- 4»*ea relic'd up()n 
 in practice Cii. Such an iuHttraait-at i:^ phiinly 
 within our Act and wouM thereff^ir* ir»ipxire regiatra- 
 tion as "an insti'unient aflV-rtmir !kui<L"* 
 
 An a^rcjenient to assign a leii+«*Ik»)ld interest in 
 an estate, as security for a luBii. hiA b'^»^n hebl not 
 to re(|uire re<,'istration i3i. n]>'.»ii tiiii* ground tliat 
 the I'lngHsh Act did not aitjOr i.O' nhe case of an 
 equitable mortgage (4k 'J'iiew (ieciiions have 
 however been overruled (.5). 
 
 An order for the payment of amoniiy out of rents 
 
 by a receiver thereof, tj a d+^^en of the real 
 
 estate, has been held to amortin Co an interest in 
 
 land, within the llegistry Ad. ui- a. part of the 
 
 devisee's estate in the landr^, Uiiii not a separate 
 
 interest ((>). 
 
 (:(.) " Will '' sliftll include ])robute «?^il:uul exemplitication, 
 orniitiirial cdpies of judliatc of will uud jtni^ri of ailnuuistration 
 with till! will annexed, and any devine wiituftijw lamia are di.-^poded 
 of or affected. 
 
 It also includes all testamRiaiiHirf liiatruments of 
 which probate may be granted iji. 
 
 Proceedings to obtain jiroba^h fetrters of admin- 
 istration with the will annfci.tii lad exemplitica- 
 tions thereof are governed 't ~The 'Surrogate 
 Courts Act " (8), and theruit^i- [{ir^mulgated there- 
 under. Notarial copies are -oiHti when the will is 
 deposited in a foreign country.. Tlie method to be 
 
 (1) In re. JenninRs. 8, It. Cli., P.ep.. tii.'H.. 
 (•2) Davidson, Convev'p. Vol. '2, ]> T7(! 
 
 (3) Wright V. Stanfield, 5 Jur., K. fi. I. i7 Beav., 8 ; 28 L. J,, 
 Chy., 183. 
 
 (4) Sumpter v. Cooper, 2 Barn & Au. 12i\. 
 
 (5) Moore v. Culverhouse, 27 BeBT.,'<;Hh 
 
 (6) Itochard v. Fulton, 1 J. andL., till : 7 Ir. E<i,, 131. 
 
 (7) R. S. Ont., cap. 4(), sec. 2, buI. mti. H. 
 
 (8) R. S., Out., cap. 40, sec. 6, tit. Bug 
 
 i 
 
 ) 
 
 'i 
 
 ■) 
 
 i 
 
 i 
 
r-nAf. I. 
 
 CHAP. I.l 
 
 SX j 
 
 IKTEKTTa'l^iJinSN rtAfTsE. 
 
 10 
 
 )lm vs. 
 •action 
 fact, in 
 il upon 
 [iliiinly 
 .'f^ibtra- 
 
 :?rest in 
 lell not 
 11(1 tliiit 
 ,i of an 
 -i have 
 
 ob.siTVfil in refjiBtoriur ^ilh and othor testamont- 
 ary iiistniiufiits i^ jtciiuiitiiout in section iV.l fost. 
 
 (■».) "County" Hhull lU.iUiU. x Cuhm of ('.>unticH, u City, "Coiuitv." 
 Jiimor ( ouuiy itnd iinv ,,hm .r! i. Cmntv ..r Cmitii'S s.'t iiimrt 
 for jiiilicml or ivtrHtrutuui )iiniim«s. .11 V c. •_'() sm I mid 33 • 
 3(1 v., c. 17, s, 11 , ;i(; v.. ,: 41+,, f^ u»/7 , 10 V. Schei A.' (I'il). ' 
 
 ^ The word " Countr - liiiiJ] inchi.le two or more 
 Counties united for ]•^ir)ose^4 to which tho enact- 
 inont relates (1). ThiO'i m evidently a misprint 
 in the numbering: of Iht- +.M!tLon cited from ;)0 Vic, 
 c. -18 in the reference liLrfmC). Ifc should bo s. 38.' 
 (Ij K. S. (Om, i;.li„:«,c^3, g.a. 13. 
 
 of rents 
 ;he real 
 ierest in 
 , of the 
 separate 
 
 plitination, 
 iui.stration 
 •e di!<pu!ied 
 
 ments of 
 
 f admin- 
 mpliftca- 
 lurrogate 
 ed there- 
 be will is 
 aod to be 
 
 8; 28 L. J., 
 
 131. 
 
20 
 
 REGISTRY OFFICES. 
 
 11 » 
 
 In and for 
 
 what 
 
 places 
 
 there shall 
 
 he 
 
 Eegistry 
 
 Oftices. 
 
 Impera- 
 tive. 
 
 Estahlish- 
 ment of 
 oftlcos 
 under the 
 Kegistry 
 Act of 
 1795. 
 
 Under 
 
 Eegistry 
 Act of 
 184G. 
 
 CIIAPTEK II. 
 
 REGISTRY OFFICES. 
 
 jS3. In and for what places there shall he Registry Oflices. 
 
 S4. Registry Offices may l>e removed. 
 
 §5. County Councils to provide tire proof oirices and vaults. 
 
 3. There shall he a separate Registry Office in every Riding, 
 County, Union of Counties and City in Ontario wherein at 
 present a separate Registry Office is estahlished ; and whenever 
 any County is sejiarateil for judical pnri)os('s from a union of 
 Counties, or a new (bounty is formed and set apart for judicial 
 purposes, there shall he a separate Registry Office estahlished 
 therein, hy the Lieutenant-Governor in Council, which office 
 shall he kept in the County Town in like manner as in other 
 County Towns, 31 V. c. 20, s. 3. 
 
 The language of this section is imperative, and re- 
 quires the cstabhshnient of a separate Eegistry Office 
 in every County, separated for judicial purposesfrom 
 a union of Counties, and in any new County which 
 is established and set apart for judicial purposes. 
 
 Under the Eegistry Act of 1795 it was optional ta 
 establish Registry Offices in those Counties which 
 were not then provided with Eegistry Offices (1). 
 No particular locality was designated where the 
 Eegistry Oftice should be kept ; the Governor- 
 General, Lieutenant-Governor or Administrator of 
 the Government having the power of selection. 
 The option of establishing offices in new Counties 
 was taken away by the Eegistry Act of 1816 (2), 
 which required an office to be established and kept 
 in every County then in existence and afterwards 
 to be formed. No change was made by that Act, 
 however, in regard to a fixed site for such office, 
 the locality being namf d by the Governor, in the 
 Commission appointing the Registrar, or altered 
 
 (1) Bee 1, 
 
 (2) " 3. 
 
CHAP.II.'^ 
 
 m.i. J 
 
 WHERE ESTABLISHED, REMOVAL. 
 
 21 
 
 Dflices. 
 
 d vaults. 
 
 ■ry Riding, 
 i'licroin at 
 whenever 
 I union of 
 or jmlicial 
 estiiblisliecl 
 bicli oftico 
 as in other 
 
 e, and re - 
 itry Office 
 OSes from, 
 ity which 
 urposes. 
 ptionalta 
 ies wliich 
 ffices (1). 
 ,'liere the 
 'lovernor- 
 .strator of 
 selection- 
 Counties 
 1846 (2), 
 I and kept 
 ifterwards 
 that Act, 
 uch office, 
 lor, in the 
 or altered 
 
 by proclamation. It was subsequently enacted (1) 
 that each County, returning a member of the 
 Legislative Assembly, was to be entitled to a 
 .separate Registry Office. It being found advant- 
 ageous to establiijli oftices in Cities, Junior Counties 
 and Ridings of Countit-s, not set apart for .Judicial 
 or Municipal purposes, the Governor by proclama- 
 tion was subsequently empowered (2) to establish 
 such Registry Oftices ; and, in the case of a Junior 
 County or Riding of a County, to name some place 
 where tiie otlice should be held until the dissolution 
 of such union, or erection of such Riding into a 
 separate County, and the estal)lishment of ;i 
 County Town, when such Registry Office was to bo 
 removed to, and kept in, such County Town. By a 
 statute passed in the same Session, (31, it was enacted 
 that, upon the separation of Counties, the office for 
 the registry of deeds for the Junior County should 
 bo kept in the County Town in like manner as in 
 other Counties. Subsequently, the Lieutenant- 
 Governor in Council was empo.vered to establish 
 new divisions for Registry Offices (4), but this 
 power was taken away in the following yeai (5). 
 
 4. Wherever in any County or Hiding the lie 
 appears to the Licutenant-lrovernor in Ci,. -»^il ■ 
 veuicntly situated, hi' may by proelanuitio.i rder Vi e uaiac to be 
 removed to any other pluce in tlie C.uncy o. Riding. 31 V. c. 
 15, s. 1 ; 3u V. c. 28, s. 1. 
 
 There was no express power of "emoval of office 
 contained in the Registry Act of ITlto, although 
 such power was implied ; but a pro v'lsion similar to 
 this section was contained in section 30 of the 
 Registry Act of 1810. Should proclamation be 
 made, ordering the removal of the office from the 
 
 (1) 16 Vic. c. 187, H. 4. 
 
 (2) 22 Vic. e. 95, a. 1. 
 
 (3) 22 Vic. c. 99, a. ■,'). 
 
 (4) 34 Vic. c. 25, 8. 1. 
 5) 35 Vic. 0. 28 
 
 Under IC, 
 Vice. 187. 
 
 Under 22 
 Vie. e. 95. 
 
 Under 22 
 Vic. c. 99. 
 
 Under 34 
 Vic. c. 25. 
 
 Under 3.5 
 Vic. c. 28. 
 
 try Office Registry 
 he incon- Oflice may 
 
 b(! rtmov- 
 
 ed. 
 
 Removal 
 
 cj oflico 
 
 cainiot 
 
 affect 
 
 liuKig. 
 
 tiar's 
 
 (-'ommia- 
 
 bion. 
 
County 
 
 Councils 
 to provide 
 fire-proof 
 offices and 
 vaults. 
 
 Formerly 
 duty of 
 District 
 Councils. 
 
 place designated in the Registrar's Commission to 
 some other locality within the limits of the same 
 County, the provisions contained in the twentieth 
 section of this Act, requiring the Registrar to reside 
 within ten miles of his office, and to keep his office 
 at the place named in his commission, are not 
 irrevocable (1). 
 
 5. For the safe-keeping and protection of all books, memorials, 
 du])liciites, aud otlicr instruments of whatever description, and 
 plans, belonging to the office of llegistrnr, the Council of each 
 and every County where, when this Act takes effect, or at any 
 time thereafter, there are no safe and proper lire-proof offices 
 and vaults provided by such Council, or where thereafter any 
 Registry Office is established, shall provide, furnish aud main- 
 tain, and keep in good repair, a safe and fire-proof registry 
 office, tire-proof vaulted, upon a plan and on a site to be approved 
 of by the Lieutenant-(iovernor in Council, and shall thereafter 
 keep the same furnished with fuel and furniture and in good 
 repair, and Towns separated from Counties for municipal purposes, 
 and Cities in which no separate Kegistrj Offices exist, shall 
 hear a rateable proportion of the expense thereof, based on the 
 assessment of all the Municipalities within the jurisdiction of 
 such County. 31 V. c. 20, s. 5. 
 
 This provision was designed for the protection 
 of those whose muniments of title are deposited or 
 recorded in the books and papers kept in the 
 Registry Office. Prior to the Registry Act of 181G 
 the expense of providing offices, etc., was borne by 
 the Registrar (2). 
 
 Subsequently this duty was imposed upon Dis- 
 trict Councils, under s. 19 of the Rc^gistry Act of 
 184('», which provided, that within eiglitoon months 
 after tlie passing of the Act (1) safe and proper 
 fire-proof offices and vaults should bo provided in 
 each County, for the keeping of books and instru- 
 ments, sucli sidectiou to be made by the R(^gistrar ; 
 and upon his neglect to do so within that ])eriod, 
 the scdection of a convenient site w;is lc*"t to the 
 
 (1) Fniser v. Municiiiality of IStormont, 10 I'. C. R. 28(5, per 
 Robinson, C. .7. 
 
 (2) Ward v. Corporatiiiu T'. ('. of Nortlmmberlnnii undlhuliiMU, 
 12 U. C. 1'. per Rc.binsun, C. J. at p. 56. 
 
 (1) llth June, IHK). 
 
 m 
 
 M 
 
•HAP. II. 
 
 5§4,5. 
 
 Lon to 
 same 
 ntieth 
 reside 
 , office 
 •e not 
 
 imorials, 
 
 ion, and 
 of each 
 
 r at any 
 
 of offices 
 
 ifter any 
 
 ul main- 
 registry 
 
 approved 
 
 ;hereattor 
 
 I in good 
 
 purposes, 
 
 List, shall 
 
 ud on the 
 
 liction of 
 
 otection 
 
 sited or 
 
 in the 
 
 of 18 tr> 
 
 lornc by 
 
 on Dis- 
 Act of 
 
 months 
 proper 
 
 vided in 
 instru- 
 ^istrar ; 
 period, 
 
 ft to the 
 
 l\. '28fi, pi.r 
 
 ullMirhr.ni, 
 
 (HAP 
 
 55. 
 
 '"•] 
 
 KniE-PROOK^OFFICES AND VAULTS. 
 
 23 
 
 District Council, who were required to erect thereon 
 a suitable office, not exceeding in value two hun- 
 dred and lifty'. pounds, and to remove tho Registry 
 Office to that^place. The powers thus conferred 
 V. oon, and the obligations thns attaching to, Dis- J^lfj^fg*;." 
 trict Councils, were subsequently, by statute, red to 
 declared to be vested in, and incumbent upon, J}oJ|;|.{is 
 County Councils (1). 
 
 The defendants having neglected to provide Neglect to 
 
 pr( 
 
 lide 
 
 offices, as required by the ilegistry Act of 184G, aomces 
 iiiandamus to compel them to do so was granted (2). 
 
 That section was superseded by s. 8 C. 8. U. C. Cost of 
 cai . 89. The limitation as to cost of erection of 
 offices and vaults was afterwards increased to $1,500 
 (3). It was linally repealed on the passage 
 of the Registry Act of 18(;5, the si.xth section of 
 which retpiires the erection of such office and 
 vaults upon a plan and site to be approved of by 
 the Governor in Council. The County Councils 
 were furthermore required to furnish and maintain 
 such office and keep sauic in good repair. Tiiis 
 section was re-'^nacted with some slight addition 
 in the sixth oictiri of the Registry Act of 18G8, 
 upon whi' "1 the i)resent section is l)ased. 
 
 Negleot 'Ml tlio part of the Council to perform County 
 the obligation^ dcvo! ing iipon them under this^""'^,- 
 
 " "I nut hanlo 
 
 section, does not render them liable for the rent of for nut in 
 another l)uihling, occupied l)y the Registrar as a^^'"'^' 
 Registry Oltice; the propter riiucdy in such case is 
 to iqiply for a mandamus to P()m[)fl thuui to carry 
 out the requirements of the section. 
 
 The defendi'uts, being a ('ounty Council, and 
 charg(;al)l>. witii the duty of ereeting oftices for the 
 
 ill l-i Vic. c. 81. 
 
 I-) 111';;. V Cwrporatiou U, (J, NortliunilK rland and Durham, 
 10 i;. C. I'. 52G. 
 (;Jj 21 Vic. c. i->. 
 
 4 
 
24 
 
 REGISTRY OFFICES. 
 
 rcHAP. I. 
 
 L §5. 
 
 Registrar, neglected to do so ; the plaintiff, the 
 Registrar of the County, having furnished the 
 necessary vaults and offices, sued the defendants 
 for the rent of the same. A verdict was entered 
 for the plaintiff, with leave reserved to the defend- 
 ants to move to enter nonsuit. The rule, having 
 heen ohtained, was made absolute ; on the ground 
 that there ^^ no provision contained in the Statute 
 entitling tho '^'-in^iff to provide the offices, or 
 obliging the del"' lants to pay rent, pnd that the 
 plaintiff's remedy ,wis to obtain the aid of the 
 Court, in the shape of a Writ of Mandamus, to com- 
 pel the defendants to perform the statutory obliga- 
 tion devolving on them (1). 
 
 (1) Wardv. Corporation U. C. of Northumljerland and Durham 
 1-2 U. C. r. 51. 
 
 J 
 
rCHAP. I. 
 
 §5. 
 
 L' 
 
 VBKP. HI."! 
 
 «(•. 
 
 iUvGISTKAliS. 
 
 26 
 
 tiff, the 
 bed the 
 'endanta 
 entered 
 defend- 
 , having 
 3 ground 
 } Statute 
 fices, or 
 that the 
 i of the 
 I, to com- 
 y obliga- 
 
 id Durbam 
 
 '"I 
 
 m 
 
 CHAPTEH HI. 
 
 /Ifili.stidis. 
 
 SC. Kff'istiiiiH. 
 
 §7. Ill <,'i.itriu-s. how iii'-iidintLHl, \v. 
 SS. Aiiiiiuiit of ScL'iirity to \)v given. 
 Si). S(.'iHirity to be ;,'ive'ii iiy licf;is!i-,irs. 
 HO. Nfw K(.'coKiiiz;uiLvs ijia.v lie rcijiiiiril l.v Inspector. 
 ^11. Cojiics iiiny Ijc olit.-iiiit-d liy any iicr.;ou, 
 SI-'. S.'ctions lo-2i)of iW'v. Stat. c. l.", to a]. pi v to Wf iiritioH 
 sl.f. Liciit,-nant-(iovrnior may ivijuiiv lUristnirs t.. dvo 
 
 si'cmity. 
 U I. Sun'ti<'s of liCf^ihtrMrs. 
 SIo. Lial.ility of Ko^'istrars ami their snietie'! 
 SHI. lief,'iMrar'.> Oalli of Olliue. 
 i;17. Ai))HuntnHiit of Deimties. 
 I'M Heiuo\:il. 
 
 (//| i'.nveiof Deputy in case of death or removal of 
 He^'istiiir. 
 §18. Dejinty's Oath nf Ofti,-,. 
 
 §19. U,-i.strar., or Dep.Ue.s, Ar., not to a«3t as a-ent.s for 
 pe.>ons lakn.K seeurities on real estate, or advi.seas 
 to titles. .Vc, ui thtir eoiuities. 
 
 ■h:ill he kept by an ollicer to be Ke<-istnr« 
 
 C>. Every Ke^^'istiy ()ni,-,. 
 called the Hef,'istrar. " ;U \. u. 
 
 The word *' Kegistrar ' inchidcs Deputies (1). includes 
 Uiuler the lutorpretatioti Act directions to a Public ""'''""'"• 
 olhcer or functionary in his otiicial capacity, or 
 otherwise applyiug to hnn b.- his name of office 
 mchide his successors in oftice, and liis or their 
 hiwful (h'puty (2). 
 
 A Registrar is a pubhc ofHc.r, and as such, can U apubJic 
 lay chmn to the privih-gcs atttiching to that''"^""'- 
 position. 
 
 liegistrais are consequently cntitkHl to the pro- Entitled 
 tection alford.d to Justices of the ]\^ace and other !" ^'^ P'"r 
 pubhc hmctionaries by the liev. Stat. (Out.) cap ^'^^ 
 '3, in regard to actions brought against them ior^,^^^ 
 
 (1) Kcv. Stat. (Ont.)cap. l,s. S ss n 
 (2i lb., s y, as. 20. ■ ' 
 
 im 
 
20 
 
 RK(}ISTRAKS. 
 
 rcHAP. III. 
 
 L S7. 
 
 acts (lono, or omitted to bo pcrfoniiod by tbeiu, 
 under the provisions of that Statute, and the 
 decisions thereunder are thei'eforo upplicable. The 
 subject of lej:;al proceedings a<:,'ainst llegistrars is 
 considered in the notes to sections 15 and '21 j^ost, 
 to which tlie reader is referred. 
 
 Tiie defen(bint, l)eing Registrar, in j^iving his 
 ccrtilicate to the [)laintitV, omitted to mention a 
 mortgagi> registered prior to a mortgage which 
 pbiinlilf purcliasod on the faith of the certiiicate. 
 An action ' • ving been brought against the defend- 
 ant, it was hchl, that he was an oi'ticer within the 
 meai.mg of Con. Stat. V. C. cap. 120, (now liev. 
 Stat. (Oh, c. ,./), but that, under the circum- 
 stances, he was not entitled to notice of action, 
 this not being an act committed, but a negligent 
 omission (1). 
 
 An information for ([iio warranto lies at common 
 law for the oflice of Registrar (2). Scinhle, that 
 an action for the fees is the proper remedy of try- 
 ing the right to the ofdce (8). 
 
 Re^'is- 7. Tli(> Licuti'iiiUit-dovoriior shall, as occasion may roquirc, 
 
 trars, liow fidia time to tinu', h.v conuiiission, luidcr tlii> (iroat Seal of the 
 appointed, I'roviiict'. appoint a lit jnTsou to tlie ollicc of Ut'jiistrar, ami shall 
 tVc. in like uiaiinci', till up any vacancy occurriui,' by the death, resig- 
 
 nation, removal or foifeiture of office, by any Kegistrar, and 
 every liet^'istrar heretofore iii)]iointed or h(^reafter to hv appointed 
 shall hold ollicc' diirinj,' pleasure only. ;U V. c. 20. fi. 7. 
 
 Formorly Under the lirst Ilegistry Act (4) the Governor 
 hv^'cl'm-' ^^■'T'^ empowered to make the appointment. This 
 mission, authority was revoked by the Eegistry Act of 18it! 
 sec. 3, which enacted that the appointments should 
 be made by commission under the Great Seal of the 
 Province. In such commission it was expressed 
 to be "during pleasure," although no mention of 
 
 (1) Harrison v. Brep;a, 20 U. C. li. ;J2t. 
 
 (2) Ilex. V. Hall, 1 B. & C. 2:i7. 
 
 (3) Staniland v. Hopkins, 'J M. & W, 178. 
 |4) Registry Act of 1795, h. 1. 
 
 Quo wnr- 
 riinti) lies 
 for the 
 oftice. 
 
CHAP, in- 
 
 L i^■ 
 
 [)y til em, 
 and the 
 ,)le. The 
 istnivs is 
 \ 21 post, 
 
 ;iving his 
 neutiou a 
 fro which 
 lertilicate. 
 lie (lefoiul- 
 within the 
 
 (now Ticv. 
 le circuni- 
 
 of action, 
 I negligent 
 
 at common 
 emhlc, that 
 ledy of try- 
 In muv require, 
 _.at Seal of the 
 tnir, and shall 
 ,ie death, resi^- 
 R.'gistrar, and 
 ,o he appointed 
 S.7. 
 
 lo Governor 
 Inent. This 
 
 Act of 1B4C. 
 
 lents should 
 It Seal of the 
 
 [s expressed 
 mention of 
 
 CHAP. III. 
 
 TKNUHK OK OKKICK. 
 
 27 
 
 the nature of sueh tenure was made in the Act 
 itself. 
 
 The idaintifT w;is appointed llogistrar in 1,S50, R<'K'«t'-ftr 
 
 . eotlld not 
 
 (the liegistry Act ot IHK) bemg tlien ni force) by a he r.^mov- 
 comnii.ssion conferring upon liim the ollice of V'' ""'*'''' 
 ]{egistrar. with all the rights thereto appertaining. Act of 
 The apj)<»intnient was expressed to l)e " during yj.^t'/;,/ 
 ]deasure.'" In l>()t, he was removed from''''"**!'. 
 otHce. and the defendant ap[)ointed in his stead, i,y that 
 the admi^.ted cause leading to the removal from '*^^"'- 
 oftice. heing tlie alleged mi.sconduct of the pJaintitT, 
 while acting in the position of Returning Ollicer 
 at a Tarliamentary election. It was held, that 
 under the Statute then in force, the plaintiff was 
 suhject to removal only for the reasons particu- 
 larized in that Statute, such as i*icapacity, undue 
 or fraudulent practices, etc., etc., in the perfor- 
 manc- of his duties thereunder as Ilegistrar ; that 
 he could only he removed hy the means therein 
 provided for tlint purpose ; and that the words 
 "during [ikasure"" in his commission, would not 
 deprive hira of his statutory rights iind privileges. 
 It was further held that the ninth section of the 
 Kegistry Act of 18G.^, which was passed after the Hold tlmt 
 defendant's ajipointmeiit to the othce formerly held i{(,|,fiftrv'' 
 by tlie pluintitf. and provided for the continuance ■^<'*."f. 
 in ollice of every Registrar in oi'tice at the date ofnoteon- 
 the passage of such Act (1), would not have the 111'"' '*"-^' 
 
 . . illet^'iil ap- 
 
 effect of conlirniing any such appointment, ifpoiutment 
 illegal : and that the Interpretation Act, providing 
 that a power to appoint should include a power to 
 remove, was not applicable to such a case. The 
 plaintiff was upon these grounds held to be de 
 facto Registrar, and as such entitled to the fees 
 
 178. 
 
 (1) l«th September. 1805, 
 
f 
 
 28 
 
 KKGISTRAR.S. 
 
 , < HAP. JII. 
 
 ftpport.'iininjf to tlio oflice, which fees had been 
 received by the defendant (1). 
 RrmiiikH lUnidinfi this section in connection with section 
 
 of l>r;ipcr, 
 
 C.J. 21 post, it wonld ap))ear from the case just alhided 
 to, tluit the causes, for which ah)ne a Registrar 
 couhl be removed from oftice, are specilied in the 
 latter section. Draper, C. J., in his judgment 
 said :—-■' Assuming, as I think is shewn, tliat the 
 hmguiige of the liegistry Act mala s the a}»point- 
 me}it (jiKini t]in se bow firnficrit, it wonld be clearly 
 inconsistent with the context to hold that the 
 (lovtriK-r had a general and unlimited power 
 to rt move a Registrar, because the power of 
 removal is in express terms given l»y the statute, 
 but given with a limitation as to the causes for 
 which it may hi; exi'rcised, and subject to the estab- 
 lishment of the matter of fact in a particular mode, 
 it the power of removal were in this case to be 
 treated as annexed to the power of appointment, 
 and not as conferred by the ilegistry Act, the 
 special provisions would be supertluous, and the 
 oliiccrs would lose the protection, which they were 
 obviously designed to give him. He might be re- 
 moved (■,/■ niero iiiotii without cause assigned at all.'' 
 
 Hevcrstd Thc ruling in this case was. however, reversed. 
 
 >.tii appea -^p^jj j^^pp^^.j^} to the Court of Error and Appeal, 
 
 which held that the oihce was one to whick. at 
 
 Common Law, the appointment might be "during 
 
 pleasure,'" and the nature of the tenure not being 
 
 expressly designated in the Statute, which was in 
 
 oili'ft fact, silent on the point, the plaintiff held office 
 
 ■''<lurin' ' s^iii^'lv "during pleasure,'" and therefore that his 
 
 pk-asurt' ' removal from such office was regular and valid. It 
 
 iioid. was also held, that had the office been one of free- 
 
 'o1 
 
 (1) Haiumond v. McLiiy, 26 U. C. 11., 184. 
 
< HAP HI- 
 
 tHAP. III.T 
 
 AMmKNT OI' SK fHITN . 
 
 •20 
 
 u\ been 
 
 section 
 , alhuk'd 
 Ic'gistrai- 
 ■a in the 
 lulgnient 
 that the 
 uppoint- 
 e cUarly 
 that the 
 j(l power 
 power of 
 c stutute, 
 •anoes for 
 tliu estab- 
 ihir motle. 
 •use to be 
 )ointinent, 
 .\ct, the 
 3, and the 
 they were 
 ight b« re- 
 led at all.'' 
 , ve versed, 
 id Appeal, 
 which, at 
 during,' 
 e not being 
 lich was in 
 held otttce 
 re that hid 
 d valid. It 
 )ue of free- 
 
 ^4. 
 
 )e 
 
 hiiM. the f^i-ant of it to hold " during pleasure '" 
 uoiild have been void, and that ihc plaintilT would, 
 in such a case never liavr l)e(.'n lef,'aily appointrd ( D. 
 To ob\iate further dif'liculty on this i)oiiit. and to 
 prevent a like occurrence such as the facts of those 
 cases present, it was provided, on ^hc passaj^'o of 
 
 , thr R^•^'istry Act of ISflS {'D, sec. 7, that evi-ry Ilef,'- 
 istrar tlieretoforo appointed, or thereafter to be 
 ai>pointed, should hold oilice during i)leasure 
 only. 
 
 A similar provision, ai)i)lical)le to all ol'licers then 
 appointed, or hereafter to be appointed, by the 
 Lieutenant Governor, whether by commission or 
 
 ; otherwise, is contained in tlie Interpretation 
 
 ■- Act r.i). 
 
 :. H. Till- Tjii'Utriiantfiovcnior may from timo to time, liy OiMlcr Amount of 
 
 4 ill CuuiK.'il fix iiuil .IctrnniiH^ till' iuiiomit of tlic sri'iuity to 1> ■ .s-'ciirity t" 
 -3 ^■'^■•■'i. as lii'iciiitiftcr iiii'iitioiu'il, by r.ich Kt'v'istiiii' ; Imt tli'? '"' f'^'*'"- 
 "« ain.)iiiit of siii'li security sliall ho not loss tlian four tlioM-iml 
 
 d'lUiirs. 11. If 111 iri' tliiiii tell thousand dollars. :i(i \'., e. (i, -. 3 ■ 
 
 ,S1 v., c, 2(1, Form A. 
 
 Originally the amount of the security required 0'''f-''°'^''y 
 to be furnished by Hegistrars, for the duo fullil- -iuiou. 
 m -nt of lilt; duties appertaining to their ot'tice, was 
 fiKed at the sum of four thousand dollars (1). 
 This amount remained unchanged in the subse- 
 quent legislative enactments bearing upon the 
 subject until the Registry Act of 18f}5 was passed 
 when tht' priiu'ii)lo of having a fixed amount was 
 abandoned and, in lieu thereof, the Lieuti'uant- 
 Covernor wasemi)owered to determine by Order in Now tlxed 
 Council, the amount of security, (within the limits .'.'niur'i'u^' 
 mentioned in section 8), which each individual ^'^^"<^''- 
 Begistrar should be called upon to furnish. 
 
 fl) Hammond v. McLay, 28 U. C. B., 403. 
 (2) Assented to 4th March, 18G8. 
 (H) Rov. Stat. (Out.) c. 1, H. 8, sa. 27. 
 (4) Registry Act of 1795, sec. 0. 
 
"^f 
 
 mmmt 
 
 80 
 
 liKCilSTKAUS. 
 
 :)lIAr. III. 
 
 CanKtH f(ir 'pi,(> i-puson for this ultenition can bo trut-od in 
 
 alteration. f i • x i i • i. • 
 
 tlio large increase ol busniess transacted ni Ke{^'is- 
 
 try Offices of late years, as conipareil with that in 
 the earlier history of re;.,Msti"ation. The sicurity 
 furnished by the liegistrar being a fund to which 
 an aggrieved person can look, in order to reimburse 
 himself for damages incurred through tiie negligence 
 or misconduct on the part of the Kegistrar, must 
 necesi-'arily be increased in ])ro[)ortion to the pro- 
 bable increase in lunnber of those transacting 
 business with Registrars. 
 
 Tlie character of the security is shewn in the 
 form Schedule A. 
 
 Security 
 tolicfjivcii 
 by lU'gis- 
 trars. 
 
 See Rev. 
 
 Stat. 1"), 
 H. 24. 
 
 1). Sulijcct to tlu' ]ii(ivisi(ms of the tweiitv-fonrtli section of 
 The Art rciiirctinii I'lihlir (Ijiicirs, biforc any lli ^.'istiui is sworn 
 into (illicc, such Iit{.'istMir sliiill cxtcnte iind cntf r into a joint 
 anil scvciiil cdvtiiant in duiiHcatt' with two or iiiiiri' sulliciiiit 
 surctif'S to be approved by tiie Tjicutcniint-(iovi iiior in Council 
 for sue]) amount at< may be fixed and dtdt-rmined by Order in 
 Council in that bt-half a.s afonsaid. 
 
 '2. Such duplicate covenant may be in the form of Schrilub' A 
 to this Act, or to the like olTcct ; and to each of such covenants 
 shall be attaelud an allidavit in tlic form of Schedule I! to this 
 Act, or to the like elYect, made by each (if thi' sureties therein 
 mentioned. 
 
 3. One of such dui)licate covenants with tlie ntlidavits 
 appended shall be forthwith transmitted to the I'rovincial Secre- 
 tary, to be by him retained, and tin- other dujilieate' covenant, 
 with the atVubivits aforesaid, sliall be by such Ue^'istrar forthwith 
 tiled in the otlice of the Clerk of the Peace for the said County or 
 I'liion of Countiis, wliere the same shall remain of record. 
 3"J v., c. 0, s. :5 ; 3>) V., c. 17, s. 7 ; 4U V., c. 7, Schrd. A. ll'2u.) 
 
 The section referred to above is as follows : 
 24. ^Vhenever a Sheriff, llegistrar, Division 
 Court Clerk or Jiailifi', or any other public officer, 
 Certain is required to give security for the performance of 
 orticers his duties, or other security of a like nature, and 
 may t-'i^e .yjjgijjgj. g^^jgjj security enures for the benefit of the 
 security of "^ ••,,,, i /. i. 
 
 guarantee (Jrown, or of any person injured by the default or 
 
 '^"^P*"^''' misconduct of such officer, the Lieutenant-Gov- 
 ernor in Council may, by order in Council, direct 
 that the bond or policy of guarantee of any incor- 
 
)HAi'. ni. 
 
 S'J. 
 
 fed in 
 lU't^is- 
 thiit in 
 ucurity 
 ) Nvliich 
 uibiirse 
 ;li<^ence 
 f, must 
 the pvo- 
 isiictiu}; 
 
 ( IIAI'. Ill, 
 
 S'J. 
 
 RK((MiM/AN( ES. 
 
 HI 
 
 n ) 
 
 u the 
 
 1 section of 
 ■111- i^< bwoni 
 ito a joint 
 11' sutli<'i«'i»t 
 • in Coiuicil 
 ,y Or^lii- in 
 
 Scliciluli' A 
 h ucivciiiints 
 
 lie r. t(i tlliH 
 
 lifri tliLTfiu 
 
 atVuliVvits 
 iciiil St'crc- 
 ,,. (iivcnant, 
 ir fiiitiiwitli 
 d County ov 
 
 (,{ rcconl. 
 
 A. (l'2r).l 
 
 ows : 
 l)iYisiou 
 ic oiBccr, 
 
 irmance of 
 
 atui-e, and 
 efit of the 
 default or 
 nant-Gov- 
 
 ncil, direct 
 any incor- 
 
 ;5- 
 
 • :■ Che 
 
 ... ' r . . r 
 n 
 
 vTrry 
 - . bT be 
 
 ,. -1 tlie 
 
 poratud or joint stock coiuitany t^m^amit<i*l to 
 
 f^rant guarantees, honds, eovtiiants r ;> ..-:(r-3 for 
 the integrity and faitiiful aec-ountinj: <•! i _ : >l3i- 
 cers, or othi'r like purposes, and naiufj inj -aeb 
 Ordir in Council, may hv accepted a^ sucii *««mni;y. 
 upon such terms as may be detvrmjij-^l "itr the 
 Lii utenant-dovernor in Council: and : . vi-- 
 ions of hiw with reference to the Ir::-:.. 
 such securities Avheii given by indivjd-... 
 fihng thenof, and to the mode of ] : 
 thereon, shall apply to the security gj\. :. 
 such company. 
 
 2. The interim receii)t of such Coidji?!"!:; 
 accepted in lieu of the formal secuniy, 
 formal security shall be completed ■ahiiu. oat- 
 month. '^'1 V. c -ill, s. lO; iM\ V. C. <;- f. 4; 3d 
 V. c. 22, s. 1 : 10 V. c. 7. Si-hnl. A. 1] . 
 
 Formerly the Registrar was requir- 5. c<rfore Fonnir 
 being sworn into ollice. to enter into a rtc-: .r...:j.nef ^''"^''. "^ 
 in the penalty of one thousand poucdf- w.:! r,woint..recog- 
 or more suthcient sureties, to be avi'TOT^-.: : ''y -^niier 
 five or more Justices of the Peace of th-e <. aaty : R*--'istry 
 which recognizance had to be registered .." : neit 1795 
 General Quarter Sessions of the Peac- ^:. . :.->.n3- 
 mitted by the same Justices within r.i :_ :,:Ii5 
 after the date thereof to the Queen"?. 1-.l - li.rnder 
 The number of magistrates was s-al'r-:ip«a!;ly j^l^t of 
 reduced to three, the registration of iL-e nrcog- ^'^^^ 
 nizance at the General Quarter Sessions 'di=|ensed 
 with, but the Justices were still required I.'.' f.rward 
 the same within six months to tht Qaeeii'i E^nch 
 as before (2). By the Pegistrv Act of l^^y '^' the ^'^^^^ 
 Registrar was required to enter, with f*v v: more Act of 
 
 (1) Begistry Act of 17Ho, t. €. 
 
 (2) Kegistry Act of 1846, t. 26. 
 
 (3) s. 10. 
 
J32 
 
 KK(iISTH<Ul>,. 
 
 CHAP. rii. 
 
 VJ. 
 
 Kuflicionl surt'tii's into a juiui aufi t»*vi^p:il reco^- 
 niziincc, ill ii jieiial siiiu to \tv il\t\& a*:»)hnv(i bf tweeii 
 four thousaiiil and ton tbousaud (ioiiliacH ,an<l also to 
 filter into a joint and seven J ocn>a;jin:: In diiplieatft 
 with tlie same or otli-r kuj* iit*. Co die same 
 siihstanoe and etYect ay that iu Stlittinil.* A. hut the 
 reco;:;ni/a)U'e and one of sudL .Atiplicutps with 
 at'lidavits annexed wen- refjuireil it)' ke f )rthwith 
 transmitted to the I'rnvineial Swcir^iiiut'y, the other 
 dui)licate eovenant beini; tiled In- ma IHi!T<^.itrar in 
 the ol'liee of the Clerk of th. ]'t'UM'. -of l:he County 
 or union of Conntit s. 
 
 A similar provision wub voutimnii in tlio lie- 
 gistry Act of 180H [1), aii>«l^v;uL'drf slightly 
 amended i'2). 
 
 it will be suHicieni if the coTfmiuin -rribi^taiitially 
 complies with the form in -bedaif V. \'^K 
 
 QiKfir, if the llegistrar wt-if toi u*t In hi:^ oflleial 
 
 capacity as such, after ihe r-LitMiition of the 
 
 covenant and before ajiproval. in ;iuili -imih Acts bo 
 
 valid (1)? 
 
 Slh.tild The absence of any K])ecilic aHiimfum tr. a r< coj^- 
 
 V'r !!!"?;„ 11 ii5 an CO or bond, in addition tt.4i the covenant 
 
 1 t'liir r(*(i to 
 
 in 11. s. mentioned in this section, (ismpt-d with the 
 
 I5,s!2i reference to the (wenty-for.rtij -feiitniim of the Act 
 
 ^":f""ii'^l'-ivspectin" Public Ofiticers. ranikr* it doubtful 
 eil 111 ad- , 
 
 (Ution to wiiether the bond reierred to m Ma laUer section 
 l,',',*tv"^'^"'l^c in addition to the covemiaiS.. or should be 
 substituted therefor by ordta' 5!': *'.'t)un^il. the 
 covenant being a " security fur oilut performance of 
 his duties" within the meauins aS .■i<»ction twenty- 
 four, especially as there is nothiia^ saiil as to the 
 disposition of such bond wlitrB t+^tuRiited, as was 
 
 (1) S, 9. 
 
 (•2) :{« Vic, c. 0, s. .-5. 
 
 (3) RKt^iiif^ton V. LiU'hfifld. .' E. & i. BMl. 
 
 (1) Soo Parker vs. Kelt, Lord iiuriuiiiit>tlrtl . i Iiih., 381. 
 
 
 I 
 
 I 
 
rHkV. ni. 
 
 v.». 
 
 etweell 
 also to 
 
 iplii-atft 
 same 
 but the 
 ^s with 
 rthwith 
 le other 
 fltrav ill 
 County 
 
 the Ile- 
 
 ali-htly 
 
 taiitially 
 
 
 ( ll.U'. III. 
 
 .« lu, 
 
 II )M)^, i;t( . — Ni'w ailiO(iNi/.\M fcis. 
 
 y-s 
 
 Is otUeial 
 
 
 of the 
 
 
 I Acts be 
 
 
 a rt coj;- 
 
 
 (•i)venant 
 
 
 ^ith the 
 
 
 f the Act 
 
 
 aouhtful 
 
 * 
 
 i; .^(K^tioU 
 
 
 L;'uU\ be 
 
 .:■;;. 
 
 ncil. the 
 
 i 
 
 nuance of 
 
 1 
 
 n twenty- 
 
 1 
 
 as to the 
 
 
 1. as wan 
 
 
 Ln^. 
 
 ^.. 381. 
 
 fonni'ily rv(iiurc)cl of iht awMv^nizancp. It is sub- 
 inittcd that it will ntiU bf ij:*<imsite for those, that 
 ) '• 'ivafttT l>e ai)iioiu1*fln-.) die office of llcj^'istrar, 
 1 .iniish, t'ithcr u li;mil mth surctii'S to II<'r 
 M;ij.'sty. or the sfcunty ii lu ('ruarant-e Coiiii»iuiy, 
 b sid's the covenant aluwt uiifiUTed to. To remove 
 (1 )ul)t. liowever, it vvoiild i»»f w.ill if th-^ Li^j^isbiture 
 were to add a chiUHf eiijjuw+i+ly providing' for the 
 furnishing,' of sii-h b mH 'Of Company's security. 
 Ill aiitieipation of r^ucb ujui'inlment, and in case it 
 should be considered tbu" ;i, l)oud or Company 
 f^uarantic is still nt'ceh«nji7..a. form of bond is con- 
 tained in Appendix B. 
 
 15y JJO Vic. c. G. s. 'i. if u Oi;+-4Ht;rar became unable 
 to make the ueeessoi-y iiifiila^its of justihcation 
 V • the eircumstaiiot* -httl fi)rth in the first sec- 
 < ; that Statute, isucli ^idinre on hi- part would 
 
 not necessarily work cliHUM-H+al from otHce : but he 
 was required to furuihb udftiiii)nal^^ecurity. In the 
 Pu'vision of the Statutt^f; liiit* chiuse has been ex- 
 punr^ed. On reference tf iinpendix ii, annexed 
 to the lievised Klututt-*. iiu in stated that the sec- 
 tion was repealed by 4(!> Tiiiv. a-.. 7, ss. 12.")-1hI ; but 
 on reference to this Atl. nu mention is made of 
 same. 
 
 10, The lit'tristriir. v.''iiftli<'r lUiniintHd befun; <ir after the New 
 ]ii)ssinR f)f this Alt, uiny at nv} iiun Im r"<[nir(^il by thf Iin^ppclor rccoRni/.- 
 (if Ui!,'istry Ollices. witli the uiiiirivvu .if t;hn Lieuteii:iiit-( iovtiiior iiucfs niny 
 HI ('iitiiicil, to <'xeiMit(' lU'W (■(•vt'iiiiiru in riie form ami to tlie olTcct be rt;(jiiir- 
 lii'niiibi'fori' ))roviJtil, or to iiiniiiU orker sun-tit's as inav bo cj by In- 
 (IccihihI cxpcilicnt, or both 1111(1 ii; ii-LinUt th'n-of sh.iU bo siibjoct spector. 
 to tlit> i)ciialtit's ineutioijeil Hi -htiiiiiia uwutv-onf of this Act. 
 'il Vic. c,20, s. 10. 
 
 A salutary and eHhtariiiuE reiiuirement. The ^'"^"''^ \'*' 
 1 f li. ' 1 J .,1 ..• .1 T» • , , finiiiKhoa 
 
 detault or ne;j,lect on the ijaici; ot the Ke^istrar to by liegis- 
 
 coniply with thereciuisitioii jt the Inspector in this*^^'" f-'" 
 
 . ^ '■ if not HO 
 
 respect, will render Liua tuiiiiiuibie to the penalties required, 
 referred to in section iil 'mat. It is submitted 
 
 ^n 
 
,.yT>H>»".i<imgfili'-' rr ' 'flCii- YiiVfiiiU /'Ml ' 
 
 'fc..\-'"i^-^.VV..;f,V:;;'!.'"ri' 
 
 ■I 
 
 34 
 
 REGISTRARS. 
 
 THAr. in. 
 
 . §Sll. 12. 
 
 Copies 
 may be 
 obtained 
 by any 
 person. 
 
 Seetious 
 15, HO, of 
 llov. Stilt., 
 c. 15, to 
 a]iply to 
 securitios. 
 
 Ijicutuii- 
 ant 
 
 Cioveiiior 
 may remit 
 penalty in 
 certain 
 case'^. ; 
 
 Or may 
 extend] 
 time for 
 givinp 
 security, 
 &c. ; 
 
 iluit it is equally incumbent upon the Registrar, 
 in the absence of any express requisition on the 
 l)art of till' lns[»ector, to execute fresh covenants or 
 to provide other or further sureties ; that he should 
 notify the Provincial Secretary or I'rovineial Ito- 
 gistrar, ov the Inspector of liegistry Offices of the 
 death, banlvrui)tcy, insolvency, or non residence in 
 this Province, of any surety or person b(jund jointly 
 with him in any security; and that the omission by 
 the ilegistrav to provide new approved security will 
 render him liable to forfeiture of oflice, apart from 
 the provisions of section 21 ['oaf [D. 
 
 1 1. .Vny jiernou may examine anil obtain a copy of the FieKirt- 
 Irar's eoveuaiit and alKJavits on paymi.'nt to the Clerk of tiic 
 Peace of a fee for such copy and .search oi une dollar, or for such 
 search, of "25 cents, V, c. 'M, s. 11. 
 
 12. Sections fifte(^ii to twenty inclusive of Tlic Art rr.'^pcct- 
 iiKj I'ublic Oilircr-i. shall ajiply to securities (^iveii by lle^'istrars. 
 
 ^iiO V. c 17, s. 1. '_Sft' (ilgo.sri:'tio)i.< 'li-Tioflltv. Stat. c. 15]. 
 
 The sections referred to are as follows : 
 15. The Lieutenant-Governor in Council may 
 remit the forfeiture or penalty in any case in which 
 the failure to give security, (jr to register and de- 
 posit an}' bond or security under this Act, has not 
 arisen from any wilful neglect of the person bound 
 to give, register or deposit t!ie same. 
 
 (2.) I f it appearsto tlie Ijieutenant-dovernor that 
 the period hereinbefore limited for giving the secu- 
 rity of a new surety as aforesaid is, in consequence 
 of particular accidents, casualties or circumstances 
 insufficient, or that by reason of the distance, or 
 loss of letters, or illness, or the refusal of any surety 
 to give the security, or of any surety not being 
 deemed eligible and being rejected, or any other 
 accident or casualty, further time will be neces- 
 sary to enable the security of such new surety ta 
 be given, the Lieutenant-Governor in Council 
 
 (1) See liev, Stat. Out., c. 15, s. 13. 
 
i.\r. III. 
 
 fllAl'. III. 1 
 
 5§U. l'-2- -i 
 
 PKRFKCTIN(; SKCUKITIKS. 
 
 8& 
 
 strar, 
 u the 
 Ills or 
 liould 
 al Ke- 
 oi' the 
 nee in 
 jointly 
 ion by 
 .ty will 
 •t I'loni 
 
 ic lU'gis- 
 
 ■k 1)1' tilt- 
 
 for siicli 
 
 t rcapt'ct- 
 
 ('l^istnirs, 
 
 . i.y . 
 
 il may 
 Nvhich 
 nul tle- 
 las not 
 bound 
 
 101' that 
 secu- 
 (|nence 
 stances 
 mco, or 
 • surety 
 t being 
 ly other 
 Q neces- 
 urety ta 
 Council 
 
 ^1 
 ■A 
 
 may allow such further period for givin;.; the secu- 
 rity of such new surety as appears to him reason- 
 able and ])roper ; 
 
 (8.) Jhit sucli extended period sliall, in no casL% '"'' "^'^ 
 exceed two months beyoml the ])eriod allowed by two 
 this Act; and the precise period proposed to l>t' ""j^^^'l"' 
 allowed, together with tlie special grounds for iil- entry 
 lowing the same, shall be entered in the ])Ook in J,',''jIJt"/,„ 
 which the original security has been registered, or^'lc 
 endorsed on the back of the original bond or other 
 security itself ; and the person required to give 
 the security of such new surety shall not be subject 
 to an>- forfeiture or penalty for not giving the same 
 within tlie time limited by this .\.ct, if he gives it 
 within the extended period so allowed as aforesaid. 
 32 V. e. 2<l. s. S. 
 
 It). I'he Lieutenant-Governor mav approve of the ^''c"\''>' 
 
 " I ^ _ may ln' 
 
 security given by any public ofticer, or the alhda-iiiii'nncd 
 vit of justilication made l)y his sureties and tiled ilj|;.^','||''.i'fj^,j. 
 by him. although the same has been given (U* liled time lim- 
 after tlie time limited liv this .\ct ; and in such 
 case, the ot'tice or conuuission of sucli public otlicer 
 shall be deemed ii-it to have been avoided by such 
 defaidt, but to have rtinained and to remain in 
 
 \' 
 
 ±), s. <). Sec 10 
 
 full force and effect. 
 V. c. 7, .SV//('(/. .1. (10). 
 
 17. No act of anv pul)lic ofticer of this Province A''.';^""'' 
 
 ' '- viJiil by 
 
 whose security has been given. (U* registered, orii4iiyiu 
 deposited, or the nllidavits of iustitication of whose "'y,'''7._ 
 sureties has been iiled after the time limited by &c. 
 this Act, shall, by such default, be void or voidable. 
 '69. V. c. 21), s. lU. Sec 40 Y. c. 7, Schcd. A. (10.) 
 
 18. Where the securities of the ijrincipal and Securities 
 sureties nave been executed at dillerent times, ^t differ- 
 (whetlier they were taken in one and the same '"K !'"'*^*'' 
 bond, deed, or other instrument, or in different ones) wimt time 
 
m 
 
 KF.fMSTnAH. 
 
 r cHAi'. rii. 
 ! SSI 1,12. 
 
 Kf'f,'U'rt, 
 
 &C,, IKit t( 
 VilClltf 
 
 bond (ir 
 
 disclmrge 
 
 4 .Ik' IV IS- jii,, p,.j.j,„] lii)iitcil j'oi- rc'jiistcrini' ainl (Ifpositiiifr 
 HiKii i^ccm-irii'S shall bn cstiinatrd iVoiii tlip time of 
 pxocution tlicrool' hy tlic jiorsou who was tlu; last 
 to cx-'outc tho hoiul, (ItH'd, or other instrument, or 
 the last bond, deed or other instrument, as the 
 case may bo. li'i. V. c. 'I\). s. 11. 
 
 11). No nep;lect, omission or irre<,nilarity in ;,aving 
 or receiving the bon:is or other securities, or in 
 registering the same, within the periods, or in the 
 •nanner presrribcd by this Act, shall vacate or 
 mal<e void nny such bond or seeuiity, or discharge 
 any surety from the obligations thereof. ;5'2 V. c. 
 2'.>, s. 12. 
 
 "20. All ])ondsor other securities hereby required 
 to be registered and de[iosited shall be registered 
 and deposited by the proper oiHcer, notwith- 
 standing the ]->eriod ])rescribed for registering 
 and de[)Ositing the same has exjiired ; but no 
 
 iriivil, imt such registi^ring and d(i)ositing of aiiv such bond 
 
 not to . 1 n I 1 1 ' 
 
 t'xeirnit or other secunty sLuili be deemed to waive any 
 
 from ])«)- j•,,^■f^,[ture or penalty, or shall exem2)t the person 
 on whose behalf the same are rejiristered and 
 deposited, from any forfeiture or penalty, under 
 any of the provisions of this Act. 112 V. c. 29, 
 s. m. 
 
 21. See page 80 (intc. 
 Sr.Mniti.'R 25. Every covenant hereafter entered into for or 
 Ko-istrars, i" behalf of a ShorilY, Registrar, Division Court 
 Division Clerk or liaililf aforesaid, in pnrs'.iance of any 
 <'hik><and Statute requiring security from any of such officers, 
 ','"i''.,f;'fe. or in ])ursuance of the i)receding section, shall 
 
 ;|1U| Hints 1 1 ri ; 
 
 thcruon i)y enure for the benefit of Her Majesty; and Her 
 iMijesty may bring and maintain an action thereon 
 inrospjct of any damiges sulTered by Her Majesty, 
 or by the public on account of any misconduct, 
 neglect, or default of the officer ia either instance, 
 
 T'lojior 
 oliiciT to 
 rvf^istcr 
 niul 
 deposit 
 ) 111 nils, 
 althoii.<,'li 
 liiii. ex- 
 
CHAP. III. 
 
 AKriD.WITS OF .irs'lll-K ATlilN, KTC, 
 
 3T 
 
 any 
 'vson 
 
 and 
 inder 
 
 for or 
 Court 
 any 
 flic'crs, 
 shall 
 d Her 
 lereon 
 iijesty, 
 ndiict, 
 stance, 
 
 with the Hke effect as any i)rivate person suH'erhig 
 dania^res as aforesaid niij^ht, and may a!^o sue in 
 any other mode hy which Her ^[ajesty may sue 
 upon a oovt'iiant. oi) \ . c. 17, s. 7. 
 
 2(1. Wherever hy any Act of the Legishiture of AffiJaviis 
 this Province, any person apijointed to any riihlie;:'^/.;;;';j;;,j 
 office, or authorized to jierform any ollicial duties, >.i..\t(u- 
 is required to give or ei er into any bond or other ,, ',?',,,.,'i; 
 seciu-itv for the proper performance of his duties. ''<•'■"'•' ^ 
 any affidavit of (puililication or justification required the Peace 
 to be made hy such pt'rsoii or hy tiie suritit'S in |^j/J^'^'j\;.^. 
 any sucli bond, and any aftidavit of the thie execu- 
 tion of any sucli bond Mr security, may be nnnh,' 
 before a Justice of tlie i'eace, or before a Commis- 
 sioner authorized to take aiVnlavits to lie used in 
 the Superior Courts. ;?i) \'. c. 17, s. <!. Sec -!7-S 
 V. c. '28. s. r,() ; iV.) V. c. 14, s. l:): and 10 V. c. 7, 
 Schol. A. (10). 
 
 '27. Where any person, com[)any or corporation i.imita- 
 is surety for tlie perfornnince by a Slieriff", Registrar ii,\'),'ii'ity of 
 of Dei'ds, or Clerk or Bailiff of a I division Court, or i^'i'ii^' 
 
 IT." 1 otliciT-;. 
 
 by any otlier pul)lie olticer, or l)y any person 
 appointid to any civil olUce. em[)loyment or com- 
 mission in any public dtq)artment in tlie (iovern- 
 ment of this Province, or to any otlice or employ- 
 ment of public trust, whether tlu^ sr.n/tyship is for 
 ■ the beneiit of the Crown or enures for the benetit 
 of any person injured by the default or mis- 
 conduct of such officer or other [)erson, and any 
 action or suit is brought upon the bond, covenant 
 or recognizance of suretyship, no damages shall 
 be recovered in the said action or suit against such 
 surety except as to matters and causes of action 
 which have arisen within ten years next before the 
 commencement of the said action or suit. ;}•» V. 
 c. 17, 3. 1. 
 

 38 
 
 RKOISTRARS. 
 
 rCHAP. 
 
 III. 
 
 Lieiiten- ];{. 'Die Tjicutenant-Governor, upon thn appli(!iition of am 
 
 nut (idvcr- Colli, tv or (;ity interested, (»r willicmt siie}i iippliciition, if he 
 
 iKir iDuy thinks fit, may rcijuire any Registrar to f^'ive security in such 
 
 re([utre form and for sncli an amount as tlie LioutenantiOovernor in 
 
 l{e;,'istrais Council determines to he KUllicient to secure the duo pnymeiit of 
 
 to KJve miv monevs pnyahle hv tlic Ke^istrar to the Countv or Citv. 39 
 
 security. v.\.. J7, s. 10. 
 
 The incomes and emoluments received by 
 Kef.^istrars of late years in some otlices having 
 considerably increased, owing to the increase in 
 ohice business, and it being anticipated that, as the 
 coinitry developed, transactions ali'ecting real estate 
 would become more numerous, business in the 
 llegistry Offices would in consequence become aug- 
 mented and the foes attaching thereto increasing in 
 prop<n-tinn would become excessive, it was tbought 
 proper to appropriate to the use of the County or 
 City for which, or for a Hiding of whieli, he is 
 Kegistiar, a percentage of the IVes received by the 
 llegistrar, over and above a certain amount tln'reof 
 to b<; retained by him for his personal use ; thus 
 allowing the various nuinici[)alities to beuilit by 
 the increased activity in real estate transactions 
 within their respective limits. With this view an 
 Act was passed in 1872 (1) which, after reciting that 
 the number of i*f gistrations, extracts and searches 
 had become so large in some llegistry Offices that 
 the income arising therefrom was excessive, and that 
 the like result might be anticipated in other 
 llegistry offices, enacted that when the fees of office 
 exceeded certain amounts, the surplus should 
 belong to the County or City in which such office 
 was established. The provisions of that Statute 
 are contained in sections 1)8-105 of the present 
 Act. As it was only reasonable that the Counties 
 and Cities entitled to such surplus should be 
 properly secured in that behalf, provisiou *o that 
 
 (1) 35 Vic, c. 27. 
 
 r 
 
<'HAP. in. 
 
 SURETIKS. 
 
 n9 
 
 I 
 
 •# 
 
 effect was subsequently made (1) in the terms of 
 the present Act. 
 
 11. Aiiv surety for a Ui"4istriir wlio is no loiii^'cr disposed to Snrftics of 
 foiuiiiue his resiioiisihility as siu'li suiety, mMy<,'ive notice thereof I'oj^'istrars 
 til the Uei-'istr.ir and to the Trovineial Se.Metary, and in such ease 
 the Hej^i>trar shall, uniler |ien;ilty of forfeiture of his olliee, 
 furnish the security of a new surety in lieu of tiie sun^ty so Kivini,' 
 notice, and sliall ci>ini)li'te and transmit tlie necessary covenant in 
 tliat behalf to the I'nivinci.d Secietary within one month aft(U- 
 such notice, and sliall )Ui)cure the approval of the new security 
 within two niontlis after the n(jtice. 
 
 'J. All accruin}.' responsihility (Ui the part of the person Kivinj,' 
 the notice shall continue until, and shall cease upon tiie perfect- 
 iuH and api)r()val of the new security. ii'J V'., c. 17. s. 2. 
 
 As stated by the sub-section, until new security is This p.r- 
 perfected and ;i})pi'()vid. the liiibility of the person i„ the 
 desirinr; to discontinue his responsibility as surety *'""'':*-^' ^■J 
 
 " . . ' snnilar to 
 
 is retained and umiffectfd. The permission heretiiatin- 
 iiccorded to a surety, desirous of retiring, is|^,',''i^.r]{ s 
 simihir to that extended to those who ai'e sureties Out., s. i.*;. 
 to the Crown for the due iiceonnting of public/' 
 moneys, or for the proper performance of any 
 further duty devolving u[!on their principtil (2). 
 This section will also enable a person appointed to 
 the office of liegistrar to i)erfect his security with 
 more facility than before its adoption. The '* one^^'li<" ""' 
 month," referred to in the section, will notni.mth" 
 commence running until the day succeeding the day ''"'"" 
 
 ^ *' . "^ •' mences to 
 
 on winch notice shall have been given to the Pro- run. 
 
 vincial Secretary (;}). Should the Uegistrar neglect 
 
 to furnish fresh security, it is apprehended that, in 
 
 addition U) the penalty of forfeiture of office, he 
 
 would be liable to an action on the case at the suit of ^'f'«lf''-t "f 
 
 the surety desirous of being relieved, should the con- to furnisU 
 
 tinuation of the liability of the surety under thef'"'*^\. 
 
 8ub-secti(>n result in any loss to the latter. (}merc. 
 
 Whether in such a case he would come within the 
 
 (1) :$7 Vic, c. 17, s. 10. 
 CD See liev. Stat. (Ont.), c. 15, s. 11. 
 
 (3) YounK V. Uigyins, C, M. aud R., 49 ; Weeks v. Wrav, L. R., 
 3. aQ.B.,212. 
 
 security. 
 
('■ff' 
 
 40 
 
 RKGISTRARS. 
 
 CHAP. III. 
 
 1.-,, 
 
 Iiiiiliilily 
 of llc;.'is- 
 trutri iiiul 
 their sure 
 tiorf. 
 
 Liability 
 at Coin. 
 Law. 
 
 Nnturo uf 
 tlu! duty 
 iiffccts tliu 
 liability. 
 
 Where 
 
 miuiatcr- 
 
 ial, 
 
 or discre- 
 tionary. 
 
 Acts of 
 Public 
 
 (lelhiitioii of '" any person injured thereby" referred 
 to in section 21 ^^o.s-^ so as to enable liim to recover 
 against the Registrar or bis co-biu\ty upon tbe 
 covLiiant'^ 
 
 For form of notice by a surety desirous of ter- 
 minating his responsibility, see Appendi.v 13. 
 
 lo. TIk' l{c;,'istnir aud liis sureties shall be jointly and 
 sevorally liablt! on tlnir covenant to any aggrieved jjerson or 
 ]nrsoMs to indiiiiiiiiy him or thciii nt^'iiinst any duniaKe or loss 
 . sii-tauicd I'V him (r tlii'in, by or throu^^ii thi' iicf,'U'ct or miscon- 
 duct ot the i{i(ji>trar or his Dcimiy m the [lei fniniiiiicr of tiio 
 liutie:^ iii Jii-s (.nice, Hot exceeding the |)eiiaity naiiu'il then ill, l)ut 
 this |iri. vision hiiall not e.\.eini)t the lit gistr-ir from any further 
 ris|n)nsibilitv to jiersons siistaiaiiig d, image t>r loss as aforesaid. 
 ;il V. c, '.iO, i. 12. 
 
 Independently of any statutory enactments, pnb- 
 lic officers are, at Common Law, liable in damages 
 to any oiu; specially injured liy their omission to 
 perbnni, or tlieir negligent performance of, duties 
 dm-olving upon thein(li. They arealso liable fortho 
 default or neglect of their deputies or lieutenants iu 
 the ordinary course of their business. A Deputy is 
 not responsible to any one but his chief. 
 
 The liability of a Public Officer to an individual 
 for his negligent act or omission iu the discharge of 
 an official duty depends altogether upon the nature 
 of the duty as to which the neglect is alleged. 
 Where; his duty is absolute, certain and imperative, 
 contemplating the e.Kecutiou of a set task — is 
 simply ministerial — he is liable in damages to any 
 one specially injured either liy his omitting to 
 perform the task or by performing it negligently or 
 unskilfully. But where his powers are discretion- 
 ary, he cannot be held liable for n(!glect, unless 
 corruption or malice can be succesbfally im- 
 puted (2). 
 
 The Courts have, in general, leaned against 
 
 (1) Irwin V. Grey, L. R . 1 C. I'. 171 ; 3 F. & F. 635 , 
 
 I'ii Shear, and Kcd. on Neg. §156. 
 
'% 
 
 UP. Ill- 
 
 1"). 
 
 fcrred 
 •cover 
 111 the 
 
 of ter- 
 
 tly iiiul 
 ■ tson or 
 ! or losa 
 uiisL-on- 
 ,. ul llio 
 It in, l)Ut 
 ,■ fuithcr 
 I'ori'riaiil. 
 
 ;s, inib- 
 Liiiuiges 
 isiou to 
 , duties 
 L'l'ortho 
 units iu 
 L'puty is 
 
 llividual 
 liarge of 
 nature 
 lalUged. 
 lei-ative, 
 ask— is 
 |s to any 
 ling to 
 ;ently or 
 icretion- 
 , unless 
 jlly im- 
 
 against 
 
 1635. 
 
 (HAP. III. 
 
 A( TION ON THF. COVKNANT. 
 
 41 
 
 con. '^truing statutes so as to make the vjilidity of onk-cia ' 
 
 the acts of individuals depend upon the due j,,'j',.,i,I,{^j, 
 
 ix-rforniance of their duties by Puhlic Ollicers, "■'^'''■''V.« 
 
 especially in matters that such individuals ity of nets 
 
 cannot easily control or sui)erintend. uL's"^'^"^ 
 
 This .section in its application includes cases of Section 
 
 loss arisint; from the neglect or misconduct, not ''''''''t** *^" 
 _ " _ Deputy 
 
 only of the H'-gistrar. hut also of his Deputy, llogistnus. 
 wilt r as section 21 pimt refers to the llegistrar 
 alone. The present section n])plies also only in 
 cases where theliegistrar or his I )eputy are guihy of 
 till' negligence or misconduct iu the perf )n)i;incr) of Does not 
 ordinary d'.iti' s of ottice, and has no reference t()|!'|'..J|.;),,f' 
 any frauiluleut practici', or high-handed abuses ot'fiamlnlent 
 
 , . , , 1,11 • inuctice. 
 
 olhc •, wliicii ai»peur to i)e regulated iiy section 
 •21. 
 
 .Mtlioiigh the rt.'sponsihility of the sureties is r,i,iiiiiit.v 
 limited to th- i>"n-iltv named in the covenant, a s ''!. 'J'f !*' 
 
 ' L I (i I lit ill 
 
 setth d I'v Ord.r iu Council, the liahility of tlie'i-^tiiet.'.i 
 
 !)•, i.»i . • 1 ,•"^,.1 to neniiltv. 
 
 Jiegistrar to tin- party aggrieved continues to the 
 extent (pf iii-, iiit-ans. 
 
 The covenant heing joint and several is thus the G 
 
 )veniuit 
 
 joint covenant of all, and the several covenant of J."'"i"'"^ 
 each, the con.sequence being, :Jiat the cov.nantors 
 
 veral. 
 
 must either he all saed toLrether 
 
 or cacii o 
 
 f them 
 
 seiiarately at th- option of the [dMintiif (h:*he 
 cainiot join tw-, of them. If the Uegistrar and 
 one of the sur.-ties. or if the two sureties alone, he 
 sued upon the covena'.it, tln-y must take the 
 objection by plea iti fibatement to the action, that 
 there is another joint obligor t2). 
 Registrars, being Public Ofticer 
 
 s, are en 
 
 titled 
 
 Se. 
 
 ill Per Duller, . I., Strcatfifl.l v. HiiUi.luv :$ T. R 
 
 D 
 
 R'ev on 
 
 I'art 
 
 ies II 
 
 7'J. 782 
 
 Uegistrar 
 entitled to 
 
 [■2) Sliepherds Toneli stone \,y Preston, p. If.O, ISI), niC, Eecle- 
 ton V. Chpsliam. 1 Win Saimder.s, 158; Ahhot v. Smith 2 
 
 Bluck Hep., 047 : Bullen & Leake 1 
 
 rec. Hnl Ed., p. 471, 
 
^aa 
 
 II . 
 
 42 
 
 REGISTRARS. 
 
 rcUAP. 111. 
 
 notice (if iiiidcr llif provisions of " the Act to protect Justices 
 
 of the l\acu and otlier ol'licers from vexatious 
 
 actions" (1). They are therefore entitled to one 
 
 month's notice of action, if an action he hrouglit 
 
 af'ainst tiu m for anythin<^ done in the execution of 
 
 tlieir oftice. 
 
 (Jciural The <j;(neral rule on this point is, that a I'uldic 
 
 iiotieTof' <^^hcer is entitled to notice, when he iicts within the 
 
 notion. uuthority conferred upon him hy the statutt;. It is 
 
 not limited to cases where the defendant a(;t(d 
 
 strictly within the statute, as it nhtains in cases 
 
 wi;ere the defendant, in the execution of hisot'tice, 
 
 acts in i^'ood faith. 'I'lw bona jitlctnA his conduet 
 
 is a, (piestion for the jury (2). A llij^istrar is 
 
 entitled to notice of an action hrou<;lit aj^ainst him 
 
 to recover hack fees char^j;ed hy him in excess of 
 
 those allowed hy the statute (IJ). 
 
 Notice not. Where the a(!t complained oi is in direct contra- 
 
 wlu'iv'uu''^'^'''^^'*'* ^*' ^'"' ^^'''f'lte, no notice is necessary (4 > 
 
 act com- and notice is not re(|uisite where the act is oiu- of 
 
 iscoiitrar\ iieghgeiit oniissiou, the ntatute noc extentun,!.; to 
 
 tostdtiitc. (>.}u;^.s of mere nej^lect or lUiilfeasance (;")). 
 
 nc'"'ii''<'nt Where a ]le<;istrar nejj;k'cted and refused to 
 
 omission, funiisli a. statement in detail of fees char^'ed 
 
 licfUSllI to 1 1 • • 1 1 i.- n 4 
 
 deliver ''y liiin, as re(pnre(t by section v) 4 jxist, an 
 statement action Was hr>.uf,dit a.t^ainst him for siudi neolect 
 and refusal, and a nnuidamus claimed. Upon 
 dcmurr'r to some of the defendants pl^as, it was 
 ludd that the defendant was not entitled to a 
 notice of action, as the n(^f,dect and refusal were 
 acts of omission {()}. 
 
 1 (ll ii.'V. Stat. |()nt.) C. 73, sec )). 2"i (iiltr. 
 
 (2) Cnrswell v. Hnffmiin, 1 I'. C. H.. 8H1. 
 
 (3) Ros-; V. ^rcL,iv, AO V. ('. It., 87. 
 
 (4 1 N.'ill V. .McMiiliui, 25 V. C H., -IS". 
 
 (■•| Hnrrison v Hrefjii, 20 U. C. ]{., 324. See Doiion v. Rohert- 
 soii. 1.") Tj <". 11 4V.». 
 
 ((1| Ross V. Mcf.iiv, 40 U. C. R., 8,3, 
 
 -I 
 
 m 
 
IIAP.UI. 
 
 515. 
 
 usticcs 
 ciitious 
 to out! 
 )rougUt 
 Litiou of 
 
 , rul)lic 
 tliiu the 
 v.. It i*^ 
 it ivctitl 
 
 iu CllSt-h 
 
 lis olViei", 
 i coiuluct 
 
 'istrar i--^ 
 jiinst him 
 excess of 
 
 et cor.tvu- 
 
 icHsary 
 
 (4' 
 
 is ouo " 
 
 'iuiu>;- 
 
 to 
 
 • fused to 
 chavj^eii 
 
 /' 
 
 .■/. 
 
 li lie 
 
 ill! 
 
 :U-ct 
 
 (1. Up- 
 
 n\ 
 
 ilh. 
 
 it \vas 
 
 titled to ;i 
 fusal Nvev 
 
 (HAP. III. ■ 
 
 :• i">. 
 
 m;(;M';it op M'TIKs. 
 
 48 
 
 \ |{<'LMstrar. lieing apiiHfd to l»v the i.laintifl' for'>'>'i'^'-i"n 
 a ctTtilicate of the re ui sterol I entries upon m a v m, instm- 
 tain iiairel of lan<l. M'.ive one in whie-h he oiiiitt.d |"|^"J.|"j^^j 
 t.. mention a certain iiiort^'a.^e for S<>()(i. whivh titlf. 
 wari rof^istercd prior to tlie oiir which tiic plaint J'f 
 purchased'; tlif hitter assinhiii,L,' from the certilicate 
 that the niort;,'a.'j;e pureh;is d hy him was the lirst 
 and only eiicumlirance. The th'st morti:a;;ee lih.'d 
 ii hill Mild (ihtained a decree for sale. 'I'lie plain- 
 titl' [airchascd tlu; land at sueh sah' l\)r a hss siun 
 than woiiid satisfy hoth morti^^aj^^es, hut he after- 
 \\,.rds ilis[)osed oi the hind at a con^idi rahle 
 jidvaiice, so that. uUim itrly. lie would he in receipt 
 of ail tliat lit; had paid for his niort;^'a;^'e. An 
 iicti^pii liaviii'^' heeii hr(»u.i.,dit hy the plaintil'f aj^'ain.-t 
 tile lte;;istrar lor this omission, tlie jury awanhd 
 th«- phuiititf S'">()l) damaj^es. It was held that the 
 dai!ia;_'( s wiit moderate : the plaintiff haviuL;, in 
 fact, sustained loss to the full amount of the iiist 
 
 iii<'r:;.'a;,'e (li 
 
 Th 
 
 e [daintil'f in this cast , havii 
 
 :il>o in. 11 iiiaih' a party to a suit in C'hancer\ upon 
 the lir~t ni'irtj^'a^u', claimed priority, hut hiiliiii^' 
 
 in 
 
 h 
 
 lis (I iVuce, was compelle 
 
 to 
 
 av 
 
 cost- 
 
 \\ h'ther tlic>-e costs could have hfcii ncoveric] 
 from th*' ie;;istrar was a point rai^'d, hut not de- 
 t'-rmiiicd. as it \va.s uncertain whetlu r tliev were 
 included ill till' Verdict. 
 
 I'.i a case liccided in the Province of Quehec it has N<'u-lfft to 
 
 ri't-'Uti-r iin 
 instru- 
 ment. 
 
 l)e<n held that a Registrar is responsihle for dama;^'es 
 or loss caiisi'd hy his neglect to register a mortgagi 
 
 lerein an omis- 
 
 or hy a certificate given hy liim wl 
 >i<m occurs, from the effect of which a purchast-r 
 /"(■ is turned out of possession (2^ 'I'lu 
 
 f/f>/ 
 
 >i)ini< 
 
 action m such a case )*aist I 
 
 Act; '111 one 
 
 )(i one ('It qii'iriUitic. of en 
 
 111 H 
 
 inisMii V 
 
 >r(').'ii, suiirii. 
 
 gnu'iiniK'. 
 
 r2< Mniitizuniliiit V. Tiilhot, 10 I.. L. C. H. VGO. 
 
 -J (I 
 
44 
 
 «E(HSTRARH. 
 
 I CTfAP. III. 
 
 lil-'.li-, IT. 
 
 KiTiir ill 
 Indix 
 
 tli( l!i'ui>triir In iu'^ the iiiiinnl i>l' the p.-irty to wliiim 
 lie liiis" din c'tly ciiusid daiiiaL,'!' ( 1 1. 
 
 Tiic li(';;i.striir is rt'>|)'ii;siiilr in ilaiiniu'i''' ^'■'>y loss 
 occiisioiicil liy uiiy ciTor or dinis^ioii in his iJooks 
 of ni'lic'c suc'ii as the liidrx rii, hut, lie is rrsipoii- 
 
 rc'^uc/iisi- • . ■ . . . 
 
 ■ bility. personal iciirisi'!itiitiv(S. Tli'' liahility of ;i il.','is 
 
 trar upon a false or erroiK ous cerlilicate exteniis 
 
 only to t'le party taking tiie certitiiMfe. and d^ics 
 
 not entitle a sul)s.'pi"nt piifciias -r to r 'covi-r 
 
 a.L'iainsl him iJii. nnlc.-s hiallinn its (,Mirretnr-.s to 
 
 Slicii suh.-e plrnt pu I'ehaser i l ). 
 
 Kf;.'i>j- It). Hvcrv K'-.'i -triir. liif.iri' lie ciitir^^ upon tliP cxco itinii df 
 
 Iriir - u.itlj iiis dllicf sliiili. I" lull' twci iir innic .1 ii--ti(\Ti uf tiii' I'.ml-c fur tlio 
 
 ofi'flicf. ('(piiuty. tiikr ilii- cMtli j,'iv. II ill ilic funn of S.'IiimIhI,. i t.i this 
 
 Aft, wliicli ^llllll 111' ti iiisiiiitiiMl til til" I'liiviiici il Si rv,-'.'.i V 
 
 fi'Ki'lliiT with till- iciM^'lii/,-iiii'i' .iiiil I'dvi'iiiii.t i!ii;-'s;iiil :il \', c. 
 
 L'O. s li. 
 
 Tlie form of t'n's o.ith iias v tried hut s!i-lilly 
 frnm that coiifaim d in th( lirst Jtc.uistry Aet. 
 
 'j.,,,,,;,!! 17. 'I'!|i' U.';.'i-i!r:ir III i\ l;i':ijillii!r a l)i'|H|fv or l)<"|rati' -^ in liis 
 
 iiii'nt lif "Hi; ". w !i.i miy |i •rlniiii nil ill.' iluii.'^ rni'iircl iin.icr t!iu .\('t, 
 I'tiiiitii's '" ''■'' ■■'""''' iii'iii'x '■ !H"l til till' li'ic clTi ct iu if tl 111.' I)_v tlic 
 ,, ' lii'.'i-tr.ir, siirh iiu'.iiin itimi shiill ! c in wiitin,', r.iiil'i' tlii' li;i'i.i uf 
 
 Ivomoviil. „|^, ,j ;^isti'iiriiii:lMMl.'l w i t li ! 1 M M i 1 . if - .lli ' ' : ;.;il im.v !i",'i>tr,n' 
 TiAViT rif ,,,;iy i-,.ii|,,v.' liH |) "ii'ily aiiil apiniiiit niH'lli 'i' i;i iii-i iiliicii wii.-n- 
 I'l'imtv ill (Vi r In- liiiiiks it i>i'i'i'-s:,iy ; aii.i in ca.-.' nf tlu' .Iratli. i-r^i;;iiaiiiiii, 
 I' IS'' (if rcnidvai nr f irtrituv.' of iiHi.;i' of tin; li.'f;istriir. iln' hi']r;t>- 
 liciilli 111' Hi'j^istriir, ui" in c.is.' uf tlii-rc ln'itiK iiKH't' tli ai niii', tli.' .si'iiiu' 
 H'liiiiviil I'f l),.|),ity l{-';,'istr.ir .shall dn iiinl ii'if..riii nil iiiiil e'>i'i'y net, uiatt'T 
 li(';.'istiar. ami tiling' iit'Ct ss iry fnv tlir diu' .'xi'mtiini nf tlii'sai I nlli,'.', until 
 
 K 
 
 i-ht tl 
 
 IK'W ,lll))illlltllll'l 
 
 ;t (if li.':,i-t 
 
 I'.H IS ma 
 
 K' l.v til.' 1. 
 
 U'Utt'imiit- 
 
 ii)ipoiiit ( iiiviiiiuj'. 
 
 !1 V 
 
 ('. "je. 
 
 1 1. 
 
 ''""•^' 'file Ji.'i^M-^trar lieiii;^' a ministerifil o.'lie.r lias the 
 
 inliereiit lij^'iit of a|)iH)intin,u; u dt'imty i,'); ; tiiat 
 ]io\ver does not attaeh to the holder of a judicial 
 
 ollice. 
 (11 III. 
 
 (21 Milt. Lift' Ins. C). v. DriUl' ; 1 .\l)l«)tt, |N'. Y.) N. C. ;>:\, yov 
 
 Siiii 
 
 th, J 
 
 (:{| I'lillHlKiKW 
 
 ■,'iltli of I'enii. V. HariiiiT ct uL, c\\.^'\ V C, \. .1. 
 
 (N.S.) Vol. 1. p. i:!.-) 
 
 (1) Sit?woi'-^v. Ciiiiiiu.iii'V.'alth cited 1 L^'^'''' ^''^^■■■' (''-Q' i-J'- '">-'»-' 
 Coolev un Torts, ;}s:j. 
 
 (.5) Com. Dig. Offic.r D, 1, 
 
 I 
 
 ^5t 
 
III. 
 
 r.17. 
 
 poll- 
 Ills 
 
 COVl'l" 
 rSS to 
 
 t.) tills 
 
 „. -v. •• •■.!•>■ 
 
 ;il V. >•.. 
 
 t. 
 
 ),s in 111!* 
 tbi^ •'''■^' 
 ,.■ by ill'' 
 ,. h;l'l'i"i 
 U ■-I'll' ii' 
 icn wii/il- 
 
 . ii,.i.-;ty 
 Itll.' srii.i- 
 let. ui.iU''i' 
 V.,.,., mitil 
 „ iit.'iiaiil- 
 
 h;l.- thr 
 
 Ir C.I- •!■ 
 
 CHAP 
 
 r.iMUi.nY "F iiKiTiy. 
 
 AP. III. 1 
 117. J 
 
 \ (Uimtv Oiuiiiot iiiiikt' a tlrputv: that 3Uii|-.;<ttnt:C'«P'»tr 
 
 45 
 
 and Hssi^jiiiiiciil ol Ins iiutlionly 
 nHsi'jiiiilili' 1 1 
 
 uit>riji u not 
 
 pi'int a 
 D»paty. 
 
 \\\\i'vv. the Itc'Mstriir JUKI liis li^j.utv tr^r*- jointly -^'int in- 
 
 . , ■ .iiiftlrlr-nt 
 
 romid ;:;iiilty <>l ii iiiisdriiu finour. an i ■ * ■ ^■. ...junnt 
 chiiri^'iii^' such iiiisdcinciiiiour jniully. «-- --''^ .^,''.'j''""'"^ 
 yood el). LvputT. 
 
 A Dcputv is hiihlr to hi' indic'tid ^^^iJ• i - ffin y^'i"-" 
 (■i[iiil h'f^iilly liolds the oHice, iiutl t-v^u }i:-:«rr 1thi"Ua,hiri.ibf 
 Deputy himsidf has hccii dismisseil ir -.^ i3i."^'^"'''*''- 
 Where, prior to the Ht'^Jjistry Ac-l of 1^'<Jp 4 . a ivputy 
 Deputy iie.mhtiar earru'd on iaibiut-*;*; f-f iBa;inv,.,,j^^,.y. 
 years as a coiiveyaiieer fi'r liis own l-^s-ifia. 'mt •"^'^•*'"- 
 with the iuiowk'df^'o of the Ite-zistrar. aui •sisfc.ofit: 
 any ohjection on the part of the latter. il •n*r ii;<*-iii 
 that the Ui'f;istrar eouhl not afterwards +-l;i:iia cLe 
 pro tits (;")). 
 
 lu this ease the l)e[)uty v.as said toLaTf h-.i: ... I 0-pnty 
 tlie titk' UiV thii i)arties. and not to Larr 2i^irU^'.,.|,nnt to 
 to the Ke'nstrar credit for the search, or r::..-: i.r v H^i-nstrar 
 
 ' f.jr fi'es CI 
 
 charge for it to the parties. The liegistrjur con offiw. 
 api)earin<^ to have heen aware of this \>n.'.-: - 'h-i 
 J)epuly was held cliargtahh^ with tl-. ' ' -.r-r 
 st'artdi fee, as the Registrar's share of tl-. :.;,:.-- 
 action. It was said that the Jtejiuty Lu:. r.-:-: 
 charged other parties witli ail the fee- ^ . : - 
 law allowed; hut the Court conbiderea : :_ : -. 
 lial)le to the llegistrar for these fees. -wLrrt- tke 
 omission to make the charije was not .: - 
 
 ■ f 
 
 any personal advantage to the Deputy - :'. 
 
 The Statute of Limitations was also x-r.i lu 
 be no bar to the chiim of the R^^siriir in 
 
 (1) ICal.Rep.Or,. 
 
 (■^) Ueg. V. B.mjiunin, et al, 4 U. C P. 179. 
 
 (3) RoR. V. McLean cited lb., p. 188. 
 
 (•i) fi. U. 
 
 ;.")) Smith V. Redford, 19 Gr. 274. 
 
 .-3 
 
tw- 
 
 i WtWi 
 
 1 
 
 ■iC, 
 
 HK(lISTPAll^ 
 
 (!>»p m. 
 
 
 MiT, IM. 19. 
 
 '..1 
 
 Dcimt.v's 
 oiithoir 
 
 or Dcim- 
 tii's, i((' , 
 
 IKit to lll't 
 
 as iiK<'i)ts, 
 
 fur JitT- 
 
 soiis tiik- 
 iiiK sccini 
 tics on rciil 
 cstiitc, or 
 inlvisc as 
 to titles, 
 A'i!.,iu 
 their 
 Couutii's. 
 
 Incouvcii- 
 
 ilMlCf of 
 former 
 
 rty.itein. 
 
 etTectedliy 
 the Ke|,'is- 
 try Act of 
 1SU5. 
 
 rc'Hpect of till sc iiiiil (ttlu')' ti'iiii«ii(t.i':tti+ hi^twet'ii 
 tlicni I I I. 
 
 A I'diiii of ii|ip()i)itm'nt oi J)ijiiitv WiZL be found 
 in .\i)]icii(ii.x A. 
 
 IH. I'.vi ry Deputy UeKistrnr lieforeh' eiitHrf nvaii'.tsm'Utioinl 
 iiis olIiiT, simll, before two or iiiorc .IiisUi'ei- of thi ff^'iu!** for the 
 ( 'umity tiike till' oiitli or iin oiith to the hk* effeiti. iun>>iiir<-il to lit* 
 t;ikeii liy tiie Ue(,'isliiir, which sh;iii h'' forthwi:!; TrumDutt.Ml in 
 lik'.: iiniiiiier. Jil V. c. "Jil, s. 1.". 
 
 I'"oi* form of outli sue Ap|» lidix A.. 
 
 r.t Xo Ke^'istnii- Ml' I)(|p'ify lle^ristrur or 'tU»nli; m biit office 
 shall, (liri'cUy or iiidiifctly, net us liie a/i'm ol m-.^ .!!iq)or;itioii, 
 society, coiii)iaiiy, i>ersoii or ))!'r>()ns juvckiuu.' iiohh^' unl t.ikiiij,' 
 
 securities oil reill estii'e witiiiu his (duirt'. lol* Jll:lil sucll 
 
 i'iei;istrur or Ucpiity Ue^'istrar, or Clerk in i-ih iitici' riilvisf, 
 for fee or other rewind, or otherwisf, ujioi, taiw if Lull, or 
 practice iis a Coiivcyaiicer. within his Coinitv. iiir -tiuiil lie cariTr 
 on or transact svithin the Ue^zistry Otlice any ira4fr ImHUiHsrt or 
 occiiimtion whatever, upon pain of foifeiture irf iitii'tt :iL V. c. 
 2(t, s. 10. 
 
 The practice of lU'gistnirti. thfir fitputitis ami 
 clerks ill tiikiii^ advantiige of tbtdr [jimition. as 
 custodiiuis of (lociniu'iits tincl crtbej •+^tu6*n(;e3 of 
 title reliitin;^ to laiul, to caiTv ou tW IWwinf^ss of 
 conveyancers iiiul lain! a^'ent.s for tiiwir.iwn private 
 advantage and profit, was long fdliolittootonly an 
 evil in itself, in having a tendenfTiouaStJpfere with 
 the impartial discharge of the dutit* .htttaching to 
 their oi'tices, and to promote litiguiioa, but also 
 in the injustice ^hich such ]>ju.'.?3i!e worked 
 towards the public generally, and iiic»p* paj.*ticularly 
 to the legal profession and otbert, Kimknid iu the 
 occupation of conveytuicing. "WUo: Uiie Regi.stry 
 Act of ISt)") was before the LegihiLtiiire it was 
 determined to remedy this abuse. ia>£:j. clause was 
 introduced (2) by whicli liegistria^ :md Deputy 
 Registrars were prohibited from (iii^ifctiy or in- 
 directly acting as the agent ol waj corporation, 
 society, company, person or ptirn'tia investing 
 
 '(l)Ib. 
 (2) See 14. 
 
 1)1 
 
 on 
 

 toanil 
 
 intioTi 4f 
 
 . f,.r tl»e 
 c..,l t.)!'*" 
 iitUiil in 
 
 piilMtlilH, 
 III t.llilll^' 
 
 .t- ml vise, 
 
 Liu.l, or 
 
 1 Uk cv.irry 
 
 lHm^•^irt or 
 
 :il V. c. 
 
 ties anil 
 tion. as 
 Hicos of 
 iinesrt of 
 private 
 r, only an 
 fere with 
 f.hinii to 
 bvat also 
 worked 
 .-♦■iinilarly 
 ■ i 111 the 
 r:.igi.-try 
 . it was 
 '.ause was 
 ji Deputy 
 y or in- 
 "ptu'atiou, 
 iavesting 
 
 < irAP. III. 
 
 31:1. 
 
 CANNOT ADVIHK OK 
 
 47 
 
 nioufv and Uil'ma sccuritit* ir}ioiiii7f*ivl estate within 
 their respective Coiiuties. tiud luho t'rcni advisiniJj 
 iip,.n titles. Tlje liegistrarf. Siimr deputies and 
 clerks were imt. liowivrr. iu1«j'il;j<nHtl from actin,!4aH 
 conveyancers, hut were Hult|tKni*«t to the same 
 liiihilities iis Attorneys atid S'..luMr-)tH for ne.i^lect or 
 uiisliilfr.hiehs in assunung thai .«!tiptu;ity. 
 
 Tile injunction a^'ainst netinr a.n a^'tnts 'nul '";''";' 
 advisin;^ upon titles to hind (liil not l)y that Act,i..iksiM 
 extend to the clerks in the liep+nivia!".4 emid^iyiieiit. ,,'£.''' 
 iiiiil it hi'in;,' conceded that it wu+'iiiiihlv improper 
 to iierniit conveyancing to he cu-'ri-d on by those 
 coniu'cted with Registry otiieeK. :u farther amend- 
 ment of tlie law was contaiuefl in the sixti enth 
 section of the Registry A(?t sti £>m>H. which is 
 identical with the section ut]irt*mc under remark. 
 
 It not unfre(iuentlv ha|i]"«'nt-libiin;L person, who is {'"ty "f 
 desu'oiis of ohtanung informatLJ'ai ;w no the nature u,„i,.r this 
 and positicm of the title to u ijiia^del of land iu«*''^t>"" 
 which he is interested, will enijur'^ ot* the Regis- 
 trar, his deputy cr clerk, if th* titie lie correct, 
 i.*Lc. In such a case, which it; ju-Hi 'ine of those con- 
 tem[)lated by this section, no iuicu'u:i,tion or opinion 
 upon the subject can properly \n au'uished to him 
 by any of these othcials, as HiicLiijSirmation would, 
 in fact, am< Mtit to an advice ujt'.Ui'iie title, and they 
 i' re ri ; rained Irora >o doing by lihi express language 
 - Section. Their duty in -Hiiiii cases is to de- 
 .ae to accedt >• the request cd tJllH party, and to 
 . 'fer him to this section in wijijiiutiof tlieir refusal. 
 
 it i.-5 to be observed that -tiiH prohibition to 
 Registrars transacting b uew inner than that 
 strictly connected with the iie^iwoiy (jtfice, extends 
 only to transacting th- same -wMin the walls of 
 his office; subject, tberef\»rfc. lo' die exceptions 
 
NHIiWMi 
 
 ■ 
 
 m 
 
 RK(iISTi{ARS. 
 
 CHAl'. Ill 
 
 enumerated in this section, lie is at lil)erty to 
 engage in other employments outside of his office, 
 provided that the duties of his position are not 
 atfectt'd thereby. 
 
 ..<t 
 
; cHAV. Ill 
 
 berty to 
 is ofiico, 
 I are not 
 
 lUAP. IV. T 
 
 iiO. J 
 
 i9 
 
 ciiai'ti-:r IV. 
 
 DUTIES OF REGISTRARS. 
 
 ^■20. ]{i siclrrtrc of Fcj-'istravs. 
 
 ii'Ji. K( movnl ftir iiiircoiuluct. Linliility of rn>;istiar, iiiicl of 
 
 Deputy I'XccutiiiH oHicc. 
 S;'22. Hours of nttiiulnncc ut ntlicf. HoliilnvB. 
 !!'J3. J{t'f,'istiais to iiiaki' scaichcs uii<l alistrnctf!, on cntaiii 
 
 foiiditioiis, to cxhiliit oii),'iiiuls of iiistrunii'iits, to 
 
 certify co]iit'H, I'tc. 
 i21. lU't,'istrars to liavc n Siiil el Oflii'c. and lor what ])lU•llo^(■s. 
 
 N(it 1)01111(1 to jiroihici! any ))aiii'rs, e.vcciit on older of 
 
 a Jiiilj-'i;. 
 
 'Jii. I'.vcrv lici'istriir hIimII rc^nlc witliiii ten liiilcr of Ins ollire, „ • , 
 and s la 1 kcM'ii Ins otticc iit tliP iil.'icc ii;iiiird HI Ins (•olllllll'^^lon. or , ,, 
 
 Otll 
 
 SJK C'llllt^' 
 
 otlierwisr as app 'inted hy the liiciUciiaiit-Ciovcriior in ("oiiiicil, . ., ,' 
 or liv (uiv Act in foii'e rcsiK clinL' tlu; same. 'M V. c.'JO.s. 17. 
 
 Un(l(n' t!u' llc.^islry Act of 17i>") il) the place of ReKidonce 
 
 •1 ,1 • 1-i.i • I L under the 
 
 residence \vi\s to l)e assij^iiecl m the Jippointment. ij^.^istrv 
 
 This was iillejiied to be on the ffromul tluit, as the^'^'-^ '>f 
 
 179o 
 popnhition of the country uijffht not, at the date ot 
 
 the p!iss;i<:r of the Act. admit of a separate Regis- 
 trar to lie ajipointed to every oitice, a Registrar 
 nii.;ht jierfonn the duties apperttiining to more 
 than one olViee. \]y the R"gistry Aet of 1840 (2) R-ristry 
 a JU'gistrar was jqipointed for ea-jh County, and"^''" 
 was required to kee[) liis oftice tit the }>lacc named 
 hi his coniniissiim.or at some other place as should 
 be designated by proclamation; and that should he 
 cease to reside within the limits of his County, he 
 would become liable to removal from otlfice (3). 
 
 (1) Soc. 1. 
 
 (2) Sec." i. 
 {;n Sec 20. 
 
 184C, 
 
 # 
 
m^OBm 
 
 I) , . V it 
 
 I" 
 
 % 
 J 
 
 60 
 
 nUTIF.S OF REGISTRARS. 
 
 frnAP. rv. 
 
 Removal 
 
 for inis- 
 coiuluct. 
 
 liifihility 
 of lU'gis- 
 tnir, , 
 
 and of 
 Deputy 
 oxi'cutiny 
 oflice. 
 
 renalty 
 inuU^r 
 lli'^'istry 
 Act of 
 171)5. 
 
 The KGction now undur consideration was lirst 
 enacted by the IkOgistry Act of 18(55 (1), and has 
 not l)ecn altered since the passage of that statute. 
 'J'his section must ho read in connection with 
 section 4 <tnte, authorizing the Lieutenant-Gov- 
 ernor in Council, in case it ajijiears that the Reg- 
 istry Office is inconveniently situated, to order, 
 by iiroclaniatioii the removal of the llegistry 
 Office to any other place within the County or Hid- 
 ing. If, ujjon such removal taking place, the local- 
 ity to which such Kegistry office would be moved 
 should l)e distant more than ten miles from the 
 residence of the Registrar, he would be obliged to 
 remove his residence to within that limit (2). 
 
 21. If thf Ei'^istiar in any niannnr niisconducts himself in 
 his olVu'c, or ni't,'h'cts to pcifona his duty in every rcsjiect, as 
 rc(iiurrd of him hy this Act, or commits or suffers to he comiuittcd 
 any undue or fraudulent iiracticc m tlie execjution thereof, then 
 such Re^'istrar may, at the discretion of the Lieutuiiant-doveriior 
 in Council, he dismissed, and he shall, moreover, tof^ether with 
 his sureties, so far as their coveinmts extend, he liable to i)ay all 
 damages, with full costs of suit, to any iierson injured therehy, to 
 he recovered hy action in any of Her Majesty's Suiuaior Courts of 
 Rec(ird; and any l)ej)uty execMitiug the ollice of Registrar during 
 any vacancy by death, resignation or forfeiture of the Registrar, 
 shall, together with the suri'ties of the Registrar, as far as their 
 covenants extend, be for the s.iine canse. and in like manner liable 
 as the Registrar and his sureties arc in this section declared to be 
 liable, ai V. c, 20, s. 18. 
 
 Under the Registry Act of 1795 (3). and until 
 modified by the Registry Act of 1865, the penalty 
 attaching to the Registrar upon being convicted of 
 non performance or omission of any duty devolving 
 upon, or of any undue or fraudulent practice in 
 the execution of, his office was a forfeiture of otHce, 
 and a liability to pay treble damages with full costs 
 of suit, to any person aggrieved thereby, who should 
 sue therefor. 
 
 (1) Sec. 15. 
 
 (21 Fra/erv. Municipality of Stormont, 10 U. C. R., 286, 
 
 (:i) See. 10. 
 
fHAP. rv'. 
 
 CHAP. IV." 
 
 S-21. . 
 
 MANDAMUS. 
 
 51 
 
 s iirst 
 
 nd has 
 
 itfitute. 
 
 n with 
 
 it-Gov- 
 
 le Reg- 
 order, 
 
 tcgistry 
 
 or Rid- 
 
 le local - 
 moved 
 
 om the 
 
 liged to 
 
 I). 
 
 Iiiuisclf in 
 
 OSlH'Ct, US 
 
 •oiuiuitttHl 
 
 i^-eof, thon 
 
 t-(iovi'rnor 
 
 ether with 
 
 to imy all 
 
 tlicrt'liv, to 
 
 r Courts of 
 
 riir (lining 
 
 Rcf^'istrnr, 
 
 iir as their 
 
 liner liable 
 
 hired to be 
 
 nd until 
 penalty 
 victed of 
 volving 
 actice in 
 of office, 
 full costs 
 10 should 
 
 U., 286, 
 
 An a'-'tion having heen instituttul against the '.'""^''•'" 
 
 tioii )in'- 
 
 dcfondant, as Registrar, to recover trel)lo damages eeiient to 
 under that statute, it was held to ho a condition [^'^""^'''^f 
 precedent to the right of the plaintiff to hring then^^Ls. 
 action under the lOth seci;ion of that statute, that 
 the Registrjir should have heen previously conviet- 
 edand, thiit as he had not heoi so convicted, no 
 cause of action had accrued to the plaintiff (1). 
 It w;is, however, held in tliat case that such non- 
 coiivirtion would not he a har to the plaintitl''s 
 right of iiftion against the Registrar under any 
 other section. 
 
 rpon the refusal of the Registrar to discharge a Mh,i,i,i. 
 dutv aiuiertaining to the execution of his office,"""^''" 
 
 i\ " ^ ■ proper 
 
 tlie [u-oper remedy is to he sought for hy manda- remedy. 
 
 mus (2). 
 
 . A Registrar having delivered an ahstract iu- 
 
 sufticiently C(rtitied to according to the statute, 
 
 a iiKindamus was granted against him to deliver a 
 
 proper ahstract and certificat(! {'.]K 
 
 A Registrar having given to an intending „ , 
 
 , 1 , ^ . Piirehaser 
 
 purchaser an ahstract of title which, hy mistake, aware of 
 omitted an outstanding mortgage; it was held, that;;"!i|*,'[',;;;,.j 
 a purchaser who had notice of such omitted 'Munot 
 mortgage could not prefer any claim against the'S.'a.cs 
 Registrar, in respect to payments made upon such "•■'"'"« 
 mortgage hy the purchaser after the acquisition of'i'uem to 
 such notice; and the Registrar, on finding his ""'*''''• 
 mistake, having hought up the outstanding 
 mortgage, in order to protect himself, was held 
 entitled to foreclose it (4). 
 
 (Ij Hamilton v. Lyons, o O, S. 503. 
 
 l^-'l Hex V. Collretor of Liverpool, 2 M & S 2''8 • Uv v 
 ArnaiHl, <) Q. B. mV, ; Ki-. v. C'ommr. of Kxdsn, It .Iiirist'fils'^ .-x 
 
 (■M In ii! Kegistrar of Carleton, 12 U. C. P., 225 
 (-1) Brega v. Dickiy, l(j Gr , 4'J4. 
 
'^m 
 
 52 
 
 JiITIKS KO KEGISTR.VnS. 
 
 UHAP. IV, 
 
 Hours of 
 attfiid- 
 aticc lit 
 oilii'o. 
 Holidays, 
 
 Holiiliiys 
 and lioms 
 of iittoiid- 
 aiicc uii- 
 drr Kc-is- 
 Irv Act of 
 171)5. 
 
 Rcsistry 
 Act of 
 181C. 
 
 10 Vic, c 
 187, s. la 
 
 Reg. Act 
 
 ihcr.. 
 
 As till' Iiifjiistnir is a public ofticcr, it will be 
 })resuinc(l that bo i)roperly disebargos bis duty, 
 accordiiif^' to tbu maxim — " Onnii' prcsumitiir 
 soleiniiitcr cs.sv actd'' (1) ; but tbis presumption is 
 open to rebuttal (2). 
 
 '22. Tlic llc;,'istrar or his l)f)nity sh.'dl, fortlic discliart,"' of all 
 duties liclon^'in^; to the said oliirc, attend at liis olVici' fioiu tlic 
 liour of ten in the forenoon until four in the afternoon, every day 
 in tlie yoar, holidays excepted, and no iiistriinieiit shall he re^dster- 
 fd hy him on any holiday, nor shall any iiistnunent he received for 
 registration liv him e.xcejit within the hours ahove named. Sie I!? 
 v., c. -J.:, s. 1 ;' 3'J v., c. 7, s. 2. Srhrd. B. 
 
 The lioiirs of attendance at the ot'tico, atid the 
 lioliday.s allowed to Kej^istrars, liave varied from 
 time t>) time. Originally the Registrar was re- 
 quired to attend every day between the hours of *.) 
 a.m. and 1 p.m., except u[)on Sundays, and during 
 the lirst w(H'k in June, the last week in December, 
 and the last week of the Holy Passion (3). Tbis 
 was altered by the next Registry Act (4), which 
 retpiired the attendance to be daily be*'\veen 10 
 a.m. and 13 p.m.. txcept upon Sundays, Christmas 
 I'av and Good T'ridav. The Registrars not 
 a} pearing to relish such close confinement, it was 
 enacted by 1(5 Vic, c. 187, s. 13, that, in addition to 
 Sunday, the following holidays s'lould be allowed in 
 the Registry Oflices, namely : Christmas, New 
 Year's Day, Good Friday, Ash Wi'dnesday, Easter 
 ]\I()nday and the Queen's J3irtbday ; to whicb was 
 added every day appointed as a fast-cbty or holiday 
 by the Governor's proclamation (5). Xo alteration 
 was made either in the hours of attendance, or the 
 liolidays, appointed until the year 1870, when Ash 
 Wednesday was removed from the list. By way 
 
 (1) Ahbott V. Gernghty, 4, Jr. Ch., )r>. 
 
 (2) In re Monsell, 2 Ir. Jur. (N.S.) (iC ; Juck d. llennick vs. Ann- 
 Htrong, 1 H. & B., 727. 
 
 (H) lletdstry Act of 171)'). s. 8. 
 (1) Registry Act of 18 40, 8. 15. 
 (5) Registry Act of 1865, t.. 17. 
 
 al 
 nil 
 tl 
 t. 
 
: (HAP. IV. 
 
 will be 
 i duty, 
 'siunitiir 
 [)tion is 
 
 tr^^i' of nil 
 . from tin' 
 overy day 
 he ro^isti'V- 
 ■(.(•(•ivfil for 
 
 and the 
 •icd from 
 was ro- 
 ours of 9 
 \n\ duriuj; 
 )ec ember, 
 3). Tbis 
 (4), wbicb 
 hween 10 
 Obristmas 
 rars not 
 nt, it was 
 iddition to 
 allowed in 
 mas, New 
 ay, Easter 
 wbicb was 
 or boliday 
 alteration 
 ,nco, or tbe 
 wben Ash 
 . By way 
 
 nnick vs. Ann- 
 
 ruMv IV. ■ 
 
 lll)I,II>.\YS. 
 
 58 
 
 of compeii.sationjiow.-vcr.tbe rie«:;istrarwas autlinr- 
 i/.rd to close bis oflice on any d;iy appoint.-d as a 
 lioliday by proelaniation of tbe (iovernor-(;eneral. 
 l',v an" Act passed in that year (1), tbe [irovisioiis 
 ill i'uree lip to that time were repealed, and it was:vjvir., c 
 ciiaeti'd Ibat tbe bonrs of atteiidaiiee sbould be -"■ 
 b.twetu 10 a.m. and 1 p.m., and the holidays 
 i\(bicvd to Sunday. New Year's Day. (iood l-'riday. 
 the (Juci'n's IVntbdiiy. Christmas Day, and any day 
 appointed hv the Ideutenant (iownior iis a 
 ^.n.ral fast-.lay or boli.biy in Ontario. d1i.' l';t|;;T^^^^^^^^ 
 word •'holiday'" includes Sundays. New Year's Day, "ii,.ii. 
 (io.)d Friday. l''.ast(r Monday and Christmas Day. ''''•'• 
 tile days iippointed for the ci lebr;vtion of tbe 
 Pdrthda\ of Her M;ije-ty, and of Her Tioyal 
 SuciT->or.-., and any d ly ai)|)oinr._.Hl i)y pro.daina- 
 ti(->n of the ( iovcnni;-(itiural or Lieutiiiant- 
 (n)veriior as a puhlic holiday, or for a (dciiera! i'"ast 
 or Thank^,ij,i\in:4 I'i'. 
 
 he taken out of tlie To-.t Oflice, after oflice ";''', 
 
 I'ndrr the einiclii'liu;^ words ot tms section it is j,,,. ,,,,„„„t 
 
 suhniitti'd, that iiistrunuaits. forwarded iiv mail to'"' i<'<''''\'- 
 
 the Ke,i;i:-lrai\ cam.ot he rec ived by him from, or .invinK "f- 
 
 'idiirs 
 
 lllil oil 
 
 hours, nor on the bolidavs referred to. w.nkiiii,' 
 
 ' 1 - . 
 
 '2H. 'riu' l!('^.'i<triU- sliiiil, when rfi| lircl, uiu! upiin Itriw^ Iriiiln- ]•,,', tj^trar 
 
 111 llic lc;::il fics id)' .Si) (loin;.', lliuki' m'.iIcIic;- ui.il flU'liisll ciijlics Mini j,, ui;ikc 
 
 ulistriU'ts iif or coiKn'riiiii- all iiislruini'uts or iiifiiiniiiils rcKisti'icd, j;,.,,,.,.i,(.^ 
 
 iiK iitioiiiiiK tiny lot of luinl ti.s (ItM-rilicdiii tin- iiiitcnt tliiio )f fi'oin ^^,1^ ^^|,_ 
 
 tiie Crown, or iiny lot, ili'sc'iil)( il liy nuuibtr or li-ltcr on any ic^'is- ^^,.,^^.tj( ,,,i 
 
 ttri'd uia.]) or i)liin, siiliM'iiuent to tliH rt'^istration i>f siicli map or (.,,,(,,1,, 
 
 )'l!Ui, or any ]i.irl of ii lot wlicrt' llii' sainc i.s clearly di'si'riln'il and ,.,, ,,,];. 
 
 ran li» idc'iitilicd ill I'liiiiii'ction with the claim of liilc. (ir li'i^ijuiis 
 
 I'lcn asccrtaiiud liy iictual survey; and of and concerning all 
 
 wills, deeds, orders, or oilier iiistrumi'iits recorded, as may l.e 
 
 ie(|\irsled ef liiiii ill writing, if a wriliiii,' is demanded hy the To exliiliit 
 
 Ke^'i-trar ; and he shall exhildt tlie ori^'inal retzistered iii'-tninient, oriKJiialH 
 
 aiiii also the hooks iif the ntlice relatiiif,' thereto when the ]iarty of jnstni- 
 
 ile^ires to make n i)"i'son.il ins|)ertii)ii th 'renf, a'ld Hliall t,'iv<' iiiPiits.elc. 
 
 certllhates of all coiiie.s and extracts under his hand of and eon- t t-t . 
 
 ii .■ : f 1 1 ^ ,. ,1 .. io certiiv 
 
 ccrniiiL' the parties to anv uf such documents, or of the witnesses l' 
 
 '=' ' ' copies, etc. 
 
 (4| ;^'.l Vic. c. a.'j. 
 
 tl| Kev. Stat. lOnt), c. 1, s. H, s.s. 10. 
 
 i# 
 
«■ 
 
 MlH 
 
 u 
 
 t 
 
 64 
 
 DlTIKrt Ol' UEGIriTRARS. 
 
 CHAP. IV. 
 
 to tlir s!imp, or iiiiy otlicr pniticnliirs wliidi inny he n-qnii-cd, but 
 no I!c;,'istr ir chilli iillow iiiiy snikli hook or iiistriiiuciit to liu tiikoii 
 out of lii< ijos-t's.-ii'iii Ol' cnstoily. It \',, c. "ill, h. iO. 
 
 Fi'OK must '|"j,,, p^efMstrav caniiiii he coinpelled to perform 
 
 be tdi.l.r- , , . . , ■ , , • . 
 
 cii, tlif (Intics inijiosL'u on liiiu by tins suction, nnless 
 
 '""' '''■ lit! 1)0 rcqnirrMl juid lie tcndi'red his lawful fees, 
 
 qut'st ... 
 
 iiiailc ill The ro(|iiisition must also ho in writing' if ho should 
 n..iair"cl. demand it. Sr- A])iiondlX A. 
 
 Under I'ndt r till' l!i'^;istrv Act of 184<) (I), corrcspond- 
 
 ^'''r,: ' ,'j' " inff souicwhat to this section, hut containin'' no 
 
 i>triu- provision for the e\hil)ition of the oflice hool^s to 
 
 fiisViii' ^'"' V'^^'h' desiring,' to i)ersonall_v ins[)ect the same, 
 
 t*l>''*'i'^'""Ut Wiis decidi'd, that the Hei^istrar was justilicd in 
 
 refusini; to allow sncli party to iiis[)cct the Index 
 
 hook, and the Iic^dstry hook of judj^Miii'iits ; and a, 
 
 rule )ii>ii f'lr man<liiniiis to compcd him to grant 
 
 such insi)(ction was dis('liar,ij;ed ('2). 
 
 rcrsoii:.! Till' privi!co;e of personal inspection of the hooks 
 
 !,\'r,',','i'',i'i'vOf tlu' oftice was llrst a<-corded hy the lie<dstrv Act 
 
 Keg.Acto'fof IHt;.") CJl. 
 
 Kcgistrnr It will he seen from the laiiguji.f^o of this section 
 Blioul.l ^)j,,^ {j^, Itf-nstrar is tlio i)roper person to make 
 
 suiinh. 
 
 the reipured searches. .1 he ri.^htto search cjinnot 
 
 be claimed by the iipplicant. All that the latter is 
 
 Appiiciiit entitled to. is to have a pi'rsonal inspection of the 
 
 I'litillt'll to 
 
 irij^inal re.uistered instruments, and the severa] 
 in-spuctiun i,qq1;j^ ,,f olli,.,, rchitiiU-'; tlureto. and the Rej^istrar 
 
 J' 
 
 Dial 
 
 if ori- 
 ginals aiullS ri'ijU 
 l)ooks of 
 otHcH. 
 
 HiiliiiKof 
 Clalt J 
 
 ire 
 
 d to submit such instruments and bool 
 
 V^l 
 
 of ofiice to the applicant for the latter's inspection 
 (i). In this case Gait, J., remarks, " [ can lind 
 no authority for saying; that any other person has 
 a right, himself, to make searches and inspect the 
 registrv I'ooks" (o). This remark of the learned 
 
 (1) Sf. 1.", '-itoT ]i(;rt. 
 (•2) In n V.'( • su-r v. lu'fis 
 
 trnr of Hrant, 18 U. C. R. 87. 
 
 (:5l Src. 1 V 
 
 (I) Uos.s V. Mel. ay. Ui) I'. V. P , r.m. 
 
 {'}) lb., p. I'M). 
 
 
IHAP. IV. 
 
 iicd, but 
 bi; tiiU''i> 
 
 )erf()rm 
 
 , nnloss 
 
 111 flH^S. 
 
 'shouUl 
 
 L-('spond- 
 WnvJ, w) 
 liookB to 
 u' same, 
 •,tiiir.l in 
 111' tiuU'X 
 s ; ami a 
 to <^rant 
 
 tho books 
 ,ristvv Act 
 
 lis section 
 to nuiUe 
 •h cannot 
 c lattrv is 
 ion of the 
 10 sovrral 
 llegisti-ai- 
 ;iiul 1)0 )ks 
 inspection 
 I can tinil 
 icvson has 
 inspect the 
 the learneA 
 
 U.C.B.H7. 
 
 CIIAI'. IV. 
 
 til. .. 
 
 ABSTRACTS, HOW ( KUTIFIKI). 
 
 55 
 
 Ju'Irc, so far as it relates to insptotion by tho 
 applicant, appears to In; in eontlict with other pas- 
 siiges where he expressly admits the right of the 
 applicant to inspeet the ref,'istry hooks. It is sub- |^rp^/J« 
 niitted. that the k-an.ed Judge's denial of the right s.MnOios 
 of the applicant to make searches has reference to ,|,'yj','|'^^J',.',,. 
 searches for original instruments only, and not to m-'uts. 
 searches in the abstract index and registry books, 
 whicli hr could har<liy.avoiil making, when he lias 
 th'' rig'nt of jM-r-sonally inspecting them. 
 
 The alistract must l,e certilied to as eontainin|r How ivb- 
 (ill til' registries which are recorded in the i"''g'i^- si,m'ii,i be 
 trv hooks in the oftie*', against the parcel of land in <;''itiiif.l. 
 (pustion. A certificate upon an abstract was couched 
 in thf following terms: "i hereby certify that the 
 above iMinv.-yanctsapptar of r.cord.' 'I'ho abstract 
 was h' id nut to be in compliance with the provisions 
 of the statute, Con. Stat. [' . (,'., c 81). s. G7, (similar 
 in this respect to the present section), it not being 
 C( rtitied to as containing ai.i, the registries which 
 Were on record intheoftice upon the lot, and a man- 
 damus wasgranted tocompel the Registrar todeliver 
 a jirojier certificat*- > 1 >. The Registrar is liable to an 
 action if he omit to nientimi any registered instru- ,•> 
 meiit in the abstract f2i. A certilicate. pur[)oi-ting to 
 show the registen-d conveyances of land from tho 
 Couniy Registrar's otiice, under tin; hand of the iHp- 
 uty Registrar was held not to be admissil)le evi- 
 dem-e of the title, under .Stat. U5 Ov: M \ic. cap. 1*.», 
 Sec. 1 C-^l. 
 
 An abstract of the registrii\s iii)on a certiiin lot, Ai)stract 
 mentioning a patent, wa- held clearly not siiflicient lllinj*,,!'.'.! 
 
 liatoii^. 
 (1i III ic Ib'^'istrar of Carl.'tnii. V> V ('. I' , 2'J."). 
 rJi Harris.. 11 v. Br«-ga. 20 U. C. It., :ri4. Suf Hicgii v. Dickcv, 
 Hi fit., I'.U. 
 
 (ai GaiiibJc /. JkfcKay. 7 f '■. r* . .■il'J. 
 
r 
 
 MMH 
 
 t 
 
 r>r, 
 
 IHTTIKS OK RK(iISTl!\]'.S. 
 
 fCHAP. IV. 
 
 L at 
 
 evidence of the patent without producing,' an exem- 
 pli licution thereof (4). 
 isMi.stiHct ( hit,' re if an abstract is adniissihh:! evidence at all, 
 
 udiiiissiblc' . . 
 
 (vid. lie.'.' if objectiHl to? (;J). 
 
 Ai.stnict Where a Township lot has heen ori^iiiully iiat- 
 (•(.iifiiiiil ented l)y the ('rown in halves, and the title to ea;-!i 
 tdpiiit (.f lijis continued sepnrate, the lie^istrar niu<t. niton 
 
 lot (IC- ' '■ 
 
 sirt'd. applicati in. fiiniisli an extract of conveyances r- - 
 liitinj^' to eitiier half desired. He cannot furnish 
 and charf:;e for extracts of conveyanct.'s relatinj^ to 
 the other half exclusively id), Cirtilicates under 
 this section are not I'cMpiired to he under the .seal 
 of ollice. unless up(ni reipust, as provided in sec- 
 tion 24 jKist. 
 
 The form of c rtiticate verifyiii.L; the conie-; in 
 accordance with thi; reipiirennnts of this ^ecti. n 
 will l)e found in ap[i(udix A. 
 
 lit'^'istriir "21 I', very Ilc^ristrar under this Act sliall liavi' ;i st-al <if (.ftie<', 
 
 to Imvf :i to 111 aiiiiroved of liy tlic Inspector, and on reijiii'st of any ]ii:r.';i>n 
 
 seal of of- or p'Mvons, liody corfmriite or otherwise, shall fiirni>ii an exi-m- 
 
 (iee, and )ililication or ecrtitiid copy niid^'r his luuul and seal of uiii;-e. «»f 
 
 for what any instinnient or nii'inurial deposited, re^zi-teri-d or til. d. aud 
 
 iHirposiS. liept in his ollicf as saeli llpj,'istrar, wiiieh 'xemplilieatiuii or cer- 
 
 tilied copy shall he receiv.'d as prima facif evi lene • in «.-v.-rf 
 
 ("ouit of IjU'v or l''.i(iiily in Ontario, in the sanieinninei uiid witJi 
 
 llie same cl'feet as if tlu! oriuinal thereof, in his oDl.-o, w.is pr.i- 
 
 Not hound iln<'i'il ; and no Ih'Kisfr.ir < r l)e(iuty Rej^'istrar siiall It.- re.jnired to 
 
 to jirodiice liroilue.' any paper in his eusti)dyas such i{et;istrar or Dt-pntv 
 
 anv]i;ii)ers i{e),'istrar, unless ordered l)y a ■Iudf,'e of someone of tlie Courts 
 
 txct pt on of Ontario, which orchr shill he'produced to tlie ollirnr issiiijij» 
 
 order of tlie siibiKrna reipiirini,' siii li )iiodnetion. and shall ho))y him ii'>t«->l 
 
 a Jndtre. in the niar^'in of such s'a!ip(ena, an<l sii^ned by such olilcer. '.<V V, 
 
 c. 20, s. 21). See also R( r. Slat.,c. (12, s. lo' 
 
 Duty of 
 Kek'istrar. 
 
 Under this section it is the Registar's duty, upon 
 re(piest of the person re([uirinf,' it, to furnish 
 exeinplilications and certilied copies of instru- 
 ments deposited, reiristered, filed or kept in his 
 office, while the previous section simply refers to 
 copies and extracts under his hand. 
 
 (i) llecd et iix. v. Ranks, 10 U. C. P., 202. 
 
 (5) lb. 
 
 (6) Hcpe V. Ferguson, 17 U. C. R.' 219. 
 
 Cot 
 
 be 
 an_ 
 
 rig 
 
 Vfil 
 
p. IV. 
 
 eni- 
 tiill, 
 l)'.it- 
 
 111^ to 
 
 un'Ur 
 le st-al 
 
 in r>L-C- 
 
 )ios in 
 hL'Cti< n 
 
 ,,{ ..fiic. 
 
 ly p. I-..>II 
 an .S"-!!!- 
 
 til. 'I- ■'"• ' 
 nil .•!• c<-r- 
 
 ,1:1.1 with 
 
 W:<S (T '- 
 
 'iinirt.-.l t') 
 ,r pepntv 
 ,,. ('onrls 
 
 I ,-siiiim 
 hllll l>'-t*^'l 
 
 r. ;uv. 
 
 tv. upon 
 furiiisb 
 in^tru- 
 It in bis 
 Ireft-rs to 
 
 cnAi- IV.] 
 |-i4. J 
 
 Cl'iRTIKIKlJ C'OI'IKrf. 
 
 57 
 
 It is stated in this section that tlie e^'"mp1ifica- [;;^;'^';Pj'- 
 tion and cortifieil copies, under the hand and seal a.;., is ' 
 of otlico of the lle-istrar, are receivalile as /"•'■'"" f['.'"'evi. 
 y</ci<' evidence in every Court of Law and EquityU-nce. 
 in the same manner, and to the same . fl '■). us if 
 the orif^inal instrument in his ollice were produced. 
 But this is to l)e taken suhject to the forty si>cth 
 section of the Evidence Act [l), which is in the 
 following terms : 
 
 4(5. In any action at Law, or suit in Equity, f^l^rtifi^lj 
 where, hut for this Act, or "The K';,'istry Act." it nri-uroJ 
 would bo necessary to produce and prove any orig- 'j";;J[^'^^' 
 inal instrument which has been registered in order nniv he 
 to establish such instrument and the contents ^tl'a.l of 
 thereof, the party intending to prove any such origi- t>rif;iual8, 
 nal instrument may give notice to the opposite party notice, 
 ten days at least before the trial, or other proceed- 
 ing in which the said proof is intended to be 
 adduced, that he intends, at the said trial, or other 
 proceeding to give in evidence, as proof of such 
 original instrument, a copy thereof certified hy the 
 Registrar, under his hand and seal of ollice, and 
 in every such case the copy so certified shall be 
 EutHcient evidence of the original instrument, and 
 of its validity and contents, unless the party Excep- 
 receiving such notice within four days after such 
 receipt, gives notice that he disputes the validity 
 of such original instrument, in wliich case the 
 ■costs of producing and proving such original ma; Costs in 
 be ordered by the Court or Judge to be paid by 'ii^licases. 
 any or either of tl.'e parties as may be deemed 
 right. 31 v., c. 20, ss. 49 & 51. 
 
 A form of the notice of intention to use copies Form of 
 ■will be found in Appendix A. 
 
 notice. 
 
 (1) Rev. Stat. (Ont), cap. 62. See Reg. Act of 1865, s 62, and 
 lUg. Act of 18C8, s.s. 49 & 51. 
 
'^ 
 
 »H 
 
 biniKS OK I!K(iISTHAHS 
 
 cimv jv. 
 
 LVrtifiiMl ,\^ ocrtitifd t'oitx (if a nicmorial is cvidcticc of 
 
 «!0|)_V (if . . I ■ 1 
 
 nxiiioriiil tliu fact ot nj^Mst lilt loll (1). It the coiitciith Were 
 fyi.iciicc Jq ),j. pj.,,y,,,i f,)^. .,,,y other iiiiiposc than that of 
 
 of Its re- ' _ • ' ' 
 
 Ki>triiii.iii. n'<,Mstratioii, it wa.s foriiicrly held tliat such ccrti- 
 Foriricrly f,,,,| ^.,,j,y ^y.,j^ insiitlicit'iit and th(^ mciiioiial itself 
 
 not (Vi- * ' 
 
 (Iciicc iif shoiihl lie prodiUM (I {'!). 'I'he trusties of a coiij^re 
 j^|;^j"* ""^ gation haviiit,' luMii^ht ejictiueiit to r(('()Vir the 
 jtarsoiia^e jiropi'ity. and i)ioviiif^ a seaivh for and 
 h)SS of, the (h'cd from tlie Jiatilltee to tlieiii. it was 
 h( Id that the cupy nf the uienional certifK d liy the 
 Ue;,'istrar, in (•onjiinctioii with the ( videiice of the 
 attesting witness to tlie (hcd and n.'cinorial, wan 
 bul'ticieiit secoiuhiry evi(hnce (3). 
 
 Th»! reciuest shoiihl he in writing. See form in 
 Appendix A. 
 
 The order ineiitioiied in this section is ohtainetl 
 r.i: jhiite (t). The party applying for th' uder 
 should, in his jithdavit, satisfy the •Iii.Ij.m' tlmt 
 there are good grounds for the production of the 
 original instriiiueiit instead of using a cerlili hI 
 eojiy. where such f^py would he tvid«nci'. Tin 
 Judge's order niu^t not only he i)iodui'((l to the 
 otlicer issuing tin- suhpcena, hut it llUi^t also he 
 filed with him i')). 
 s.ii.,...n(i It is fiirtlu rinore essinitial that tlie wiif of 
 
 stiouul 
 
 .. .nfuimto suhpo'na should he innde to eonforin witii tin 
 ^^'''"'^^"'- description of the docuimnt or (hxmnients rel\ i red 
 to in the or(h r (GK 
 
 Written 
 
 r((|iu'st 
 
 Order oli- 
 taini'd ex 
 parte. 
 
 Contents 
 of iitli- 
 (lavit. 
 
 Order 
 
 -liciiiiii be 
 lile.l. 
 
 i^'orin <)1 
 rtrtii1i\vit. 
 
 Forms of till' al'tiihivit, order, and nieinoranduni 
 
 (1) lloLli(.ii-c V Ihitiiiltoii. 1 S. A I,.. '2ii7 , Due .i I'tie.M' v 
 (iiitv, <» r. C i;., 11. D.ie (I JJr. nn.iM v () N. il, 4 U. C K . s 
 
 (2) Hi. 
 
 (H) 'rruf-!ees \iiili yvillc W. ,\I ( liiireli v. (irew( r. •_':!( ('!'., 
 
 it'iiii. F(pr il ]( ilMit d .-md • >:ll:ill-! M> es-ay on Mi n:n;,;ils ;is I'.V, 
 dt'hCi , see Iji'itli^ leal I'r "p., ]> \'1~. el m (). 
 
 (1) See Hani- v. I'.nlin-, -i,". L J. t^. B, 1)8: IJeadiinin v. 
 Bow.r. 1 .Inr N S. I(i:i-.'. 
 
 (;'■) lt(K--<'«'i ■ " l'- l*^'"''"'. ^''"- •*!• 
 ((I I lUg. Gen. H. V . lsi,V,. No. ;il. 
 
 9 
 11 
 
 ■■'& 
 
H«V. IV. 
 
 Ill'O of 
 
 s wire 
 
 ,lmt of 
 1 cirti- 
 
 I itst'lf 
 ioiij^ri' 
 •t r tlif 
 )!■ and 
 
 it w:is 
 
 . !)>■ the 
 
 of tlie 
 
 iill. Will' 
 
 form in 
 
 iibtiiincil 
 ii' ^rdiT 
 <>(> that 
 
 II of t'le 
 
 LM'ltltl 'it 
 
 Til. 
 
 t(; thi; 
 
 wilt O' 
 
 with 111*- 
 iH l\ir''il 
 
 oraiuUui; 
 
 I'lii'i-f V 
 U. C. K..^ 
 
 .j:; V C v.. 
 I.:iis us Kv. 
 
 lirii.ll'iiin V, 
 
 <'H«n. IV 
 
 HUnP'ENA TO J'B()1>^ C5 
 
 6U 
 
 Wlifro at- 
 
 • 
 
 upon tlui sul)p(rna, itc, art- ecmiLimwi in Appen- 
 dix A. 
 
 it srrniH flint an att-iHiTnent ■«~I31 n-^ ^^ iinint.-l t':;.I|;;';;;,JV 
 a^'ainst the Hi'^'istrar f «r not -p—- - r^v ;itt^-ndin^'f"r n.'u- 
 upon the suhpo'iia. nnh-ss it ■ . .-.Uitiictonly.j,,,.,. 
 
 Klicwn that, at the time of v -mtre of tiie" f'"i«-'J- 
 Biih[i(eiia, li(! was informed iiu»3 bis personal 
 atteiirhmee wa^ neecssarv <li. 
 
 A Depiitv I{.'i,Mstrar or Clerk im the Rec:i.strv P'T'ty 
 
 • . . " Uf.'istrar 
 
 Ollice cannot luini,' any n-^ist.'^fvil *-wraraent; intO|.r.MiicJnf( 
 
 (,'oiirt niion a. suhnirna, witij'>tit cA«.iimiEn;; the pre- ''"'■"; 
 
 ' ' "I nil iits 
 
 vious pcrniiss on of the ll'zi^tnr: a* sni'h docii- with Ucg- 
 ments are not dertned sufhcirnt]y iimisfeie possession „, ,.,uis- 
 <)f such Deputy He^'istiar or CUtI i . "'""• 
 
 Tiie lke;^istrar hriiij, a Pu' - Oifiei^r havin;; 
 c,har<^e of (lociiincnts f ir wni'-j u- i« r^srioiisilile, 
 and attending; as a witTifss in Li? T i ■.i:y in 
 
 relation to matt' rs cipunert'-d mjida '.i,- oiticf. will 
 doiiiitless l)c allowrd ;i witness U^ t<wf four dolliirs ^'-''^ [°^ 
 
 atti'iitl- 
 pcr diciii, i)esi(l(S n)ilca;:e, h;« j>i<>'LGt tn heiii.; miw. 
 
 anal(»,i:o!is to (hat of a ll'-jisirar <4 tt'i.'* Surnv.'.ite 
 
 ('oiirt(:i). N'aiiKoii'^iiii, t C. in hi^jol.ta nt; in tliat 
 
 case r^irn-cd to the f.a-t tii;il lI.rlijiri-!-C J-ordt- red 
 
 four d illars to In' taud t ■ a iSlt-rk oi tbn-y Assize 
 
 who attended to '^nr tvid-'nce ixilit»II (t:k|KtL*ltv as a 
 
 witness. It is the t^t-ni-ral ]ira"tJ«c>r tto AiUyw four 
 
 dollars per dii'in in addition to luil-r;^^-. tio (rn- taxed -^''''t'"" 
 
 as witness fees to a Iit':j;i«;lra*-- ai"C.-aditi'^ ivith 
 
 doeuments in hisoustodv. In orJ-rirru>fftruovf^ any 
 
 <louht upon the p )iut. it woull dwii:^!!^*-;- F>i- m )re 
 
 siitisfiift )i-y if the tariif \x Tf. iua--3.1.il s.> as to 
 
 allow this l\'(! iu express t<rra-.. 
 
 (ll I> lllirtt, V .Io!|..;>, 2 (Jilit K 'p 4'":. 
 
 (J) Til i!i|ii:ll V. ■ni,iniiii1, 2 .1m: dt W.., liiZ ^ 1 i-&'ti v Kvan^ 
 D.iwl. D-t, 2 .\r. & a., M:i 
 
 (■■•.) U.> N.'Isou 2 VAnn. CImiii , R 2'2 ; ht*T F. C. L, J. iN. S.), 
 
 til mileage. 
 
(f" 
 
 f 
 
 JO 
 
 DUTIES OF 
 
 ., 
 
 fCHAI'. IT. 
 
 L iii. 
 
 Tho duties imposed npcm fL^^rntrars are not by 
 any moans Humnicd up or ccmi.}eiH<'il within tlif 2nth 
 and foiirfoUowinfj scctionB; cCiiia'clnties art- referred 
 to tlirouf^liout the Act ; andiu uhLtioatliereto, hois 
 rc(iuired to periV)rm many crtilitu oiatttrH devolving 
 upon him under certain HiaTixnJtt* which are enum- 
 erated in Appendix B, to wiuiit Che reader is refer- 
 livcr r.'t^is-i'ed. A He}:;iKtrar who rt^fclft»^f C) ii<4i^er up a deed 
 tt'ii(iin- rofjistered in his office, nicojtiiiri yjoand that the 
 
 Btnuncut " ... ' . , 
 
 to tilt) fees for rof];istration Lave ai:c been paid, may be 
 compelled to do ho by mhiOjiaaias (li. He can 
 decline to receive the deed ic«r Hu^'^istry, unle.ss the 
 fees arc paid to him l2):; ilits,. having received it . 
 without fees, he must deliTta- lia to the party entitled 
 thereto, and sue for his fet*. 
 
 (1) Doiitrc VK Liut'iiim, IBH. C. J. 303. 
 ('2j Sec 'JG poHt. 
 
 piirty 
 entitled 
 tliertto. 
 anil sue 
 for Ilia 
 fees. 
 
 f 
 
 <s^! 
 
 >H^ 
 
eaur. t.I 
 
 61 
 
 CFAPTEU V. 
 
 
 BlODCS (U-' (il 11' K. 
 yjC. Coinit.v!I'T.'iwin'r r.» n'r.\ .li. |.i(.r< r 1'0( lis. ono fi^rfnch 
 
 ll>(;^liit^ (li Hitc I mui l> li.ii<i;il lliji-liv lliik-ilnr 
 ill!" Wllf.t' <(.I1II|IV. illl'l f r \Mi:il |llll I'l.Si'S. NlW 
 
 liiidkti H':i" ;'lini ~ii>"l w i. II M .|. . .1. 
 
 ^'.Ti If till' '1 viHil-xr 111"-' >•• !i ti'|:c,\ i>k-*. 
 
 Vi". CiiuiitN .iiiiui' 'ir W.ir.liTi Inc. iT \ l^iuK-'. 
 
 |28. \N lull »ili\ )iiii"' iH -..•purutMl I'.'ili 11 < o'M 1 ■ . cr il( liiilictl 
 
 iniui (iiM 'Ci'iiiin sind nllnrliil " .mm r . (im;m11 
 
 l)(Mili+-. 'rif.. ni' liH irMii-f Mill S;m! n i nt in l.r lur- 
 
 liwht^ll imn! i''ili'r!il lii';.i.-ii\ i; fk, li.i'.v (I lli ;. !s. 
 
 ttiir riM'>'?vitiff,i(. ^iinii' 
 Ti'iiiiitv iiij'i;.u:i»tr-ir n-fui-iPu' t>' ii_ !• sri li i ■ jn- '.r. t tc. 
 ll"L'iKirar Ti!iiin-"-l nr rfviL-n.ir.' lu iK .\t r i p I'm . ~, t U'. 
 
 I'rucHHiiiiiM*- II ivin' cif rifiiJil. 
 lit fi-itviirt- T>'«'iviiij« 111 i^;:ii,il iiu iiinr ia'>^, i tc, lu'iri ati- 
 
 iitlii'T rmtii;.- 
 §;{2 Wlii'ii iiTv iitiiik lifcumHS unlit fir fi'iiln r ii-f. ci^i'V t» 
 
 lie iiimi' . i'/r:i.'!iiiil to be ^lUMivrtl. ll'inLis cf 
 liiiiiK-. iiinw. "ti' 
 §.'j;!. K.Kiii ll>':;i:r.-,ir rii iiiuk.' :iii iilistracl iiulc x tn Itas. Wliut 
 
 it fiial tfiiir'.iiii. 
 ft'M Alfii an iiiituuu'liuHl ilili'X of liMiiir?; for < :uli Iccn' Iv. 
 §:!■"). Ind'SCS tn l»» .liWIllliHli il .la to r^■;.;i^t^a^oll^^ L( lole iho 
 
 pusHiiif iiT rJiiH .Vi't. 
 
 2"). Tlic TrciiHimn if thu (roiinty or C'ty sliall I'mviilf ii tit 
 aiiil )H'ii|M'r ltf^'intr\ liiiiii rnri'iu'li riwiisliip, m putiit ru\Mi>lrp, 
 City, Town, uml in'-iniiiiTitiMl Vilhu-'c, the iiinits wiitnif iiic 
 (lotiiii'd liy law. und ul mii^x ami otiif-r liooks n ([iiiicil for th' 
 liu-^iiu'ss of till' wild iifim> ; and all such lii^;istiy bonks hliaU ln' 
 as iif'iirlv us niiiv l»f' iff riii' like sizi? and deMiiptioii us thosi' 
 her i^tofdie furuisii«d. ind 'ilmll contiiiiU' to lie of one iinifo'in 
 size or nearly ko ; aiui :i-iin rhf timt! such lioidi-; aic so pioMiii d 
 and received at tlit ■liv.;;Hn-\' Office, tlie person who liouis and 
 exi eutes the olliet itf leiili^tTar. sliail krep uml cause to he iisi d 
 f.>r thiit purjiosi , 11 i-''mrire Reiii.stry Boik for and of eai li 'rowii- 
 Biiip. ri'jiuted 'J'owiiHiiiii '"ir\'. Town, and iiieorporatcd ViUa^'e, 
 tile liiiiits whereof im iciineil hy law, w,iii n tlie ("ountv. for 
 
 p and canse to he 
 
 l)o( k for the whole 
 
 s ami instruments in 
 
 or ))ower nlTcctin 
 
 wliic'll lie llolds ofliee.; lud lie siiali a so 
 
 used for that piirpiwt i. ^wiieral Kt;.isU'\- 
 
 County, in whicii HiaiT Im Rsiiordeil ail ui 
 
 wliicli th'Te Ik u {reinm»' 'lifviao. conveyaie • ... |n.«ii iiiiniiiiJ^ 
 lands without local d"Hir:i)tioii, and in wliiih liook an altdialiet- 
 ical index of tlie nalll^^' \t lil the parties niiiitioned l>y name in 
 such instrument nhal. ui-i lie kept , and whenever any Ite^dstrar 
 reiiuires a new lie{:i*r!r". Bonk, or any otiur hook for the use of 
 his office, tlie Huiiii tiiiul. lu am lipplicatiuu therefor, in writing, 
 
 County 
 
 'I'leaMiroT 
 
 to provide 
 
 pn p. r 
 
 Im. ks. one 
 
 for each 
 
 locality ID 
 
 Ih.' 
 
 I oimty. 
 
 (i( neral 
 He^'istry 
 Hook for 
 the whole 
 County, 
 and for 
 what pur- 
 poses. 
 
 New hooks 
 to be pur- 
 
«mmi 
 
 'r« 
 
 62 
 
 HOOKS OF OKFICK. 
 
 Ctliisod 
 
 when 
 xcquircd. 
 
 Prior t(i 
 lUv- Act. 
 of IHIC, 
 olllv (iiir 
 j;('ii('iiil 
 ifvi'istry 
 book ill 
 
 'ISl' 
 
 J^\ ill, it 
 
 Act I'm 
 viiiciiil 
 Seciclaiy 
 ))roviili(i 
 
 HI plIIMtt 
 
 l{('j,'i^ti\ 
 Ik.ok- ' 
 
 At t,l:('i>\ 
 
 J)(>11SI' o[ 
 
 t)i<' Dis 
 iiic! 
 
 t^iinn-il, 
 
 l!v Act 1. 
 Ki Vic. 
 c ]H7, 
 County 
 i'lcismc 
 Hulistitut 
 «,(1 for I'ld 
 vili<-i;il 
 Seen l;iry 
 
 Jllul ('(Hill 
 
 cils. 
 Cieiicial 
 
 Book. ■ 
 
 be fnriiislicd to liiiii by tbc 'rrciisiirtT, atid all sucl: books so fiir- 
 lli^bl■^l sbnll bi! }mi(l for by the Treasurer out of tbo County or C'ity 
 fiiiiib; us *b(' ciisc may be ; and all sucli liooks so fnrni-lic d, used 
 an, I kijil, sliiill be d(!( tned to be tbe )ii()i)elty of Her Miijesfy for 
 tbe use and benefit of tlie Jillblic ; and tlie Iiisjieclor sball biive 
 jiower, "■•lien, for tlie disitntcli <if laisiness (be) timls it necessary, 
 by or<ler, i'l writiiif,', to oeiniit more tliaii one llii'istry JSook to 
 ))e in u-e at tlie same !:mu for tiie same Municijiaiity. .U V. c. 
 •20, s. '22. 
 
 Wlicii KcLMstry Offices were oi-io;iiiiilly cstiiMishGd 
 it wiis ooiisidcreil siit'licii'iit to iiiivo Imt tlio one 
 Jtc.u'istry IJook for the County or Itidin^', in which 
 all inslruincnts were ontcri'J fonsecutivoly in the 
 or;lrr rccrivi'd. Inconvciiiruci^ htiviiio; arisen from 
 the iilisince of cliissiru-ation of entries, the Provin- 
 cirl Sec'r<'tary wii;^ snhse(|nei;liy directed to provide 
 s'.'|)a:at(^ l{e,ij;istry ]5ooks fi;r each Towiishij), re- 
 pnt( d Townsl'ip, City and Town, the hniits whereof 
 were then le.L'slly delined (1). 
 
 L'nii •nnity in size wiis also direct"'!, the liooks 
 provided prior to that Act heiiij^' of all si/.rs and 
 sliiipes, without re.i^ard to appear, nice or con- 
 venience, 'I'lie expense of jirovidin^ siiel.' hooks 
 was dife( ted 1o he defrayed hy the several l)i>1r ct 
 ('oiincils. The Provincial Sieretary was iifter- 
 wards relieved from the ol)ii,L,Mtion of providing 
 hooks, that dnty hein<; transferred to the Trt'asurer 
 of the ("ounty, who was also i-eijuired to pay for 
 the iiodks ont of Comity Funds ('1). 
 
 The Itroistry .\.ct of ] SCif) extended the olili'.f.'ition 
 t(> City Tr( iisiH'ers, and iiicliid< i] iie-oijii. rated 
 vilhif^'es in the list entitled to separate lie;,Mstry 
 Books (;{). 'I'he li(<^istritr was also rtipiired to 
 keep a <;eneriil llegistry IJook for the whole Comity, 
 for the recording therein of wills and instru- 
 iiientb allVcting lands, hut containing no specillc or 
 kH'i\\ description which would enahle the llogiatrar 
 
 (1) liec A.'l of IMC, s 22. 
 
 (2) ir. Vii! , c. 1S7, s. ;j. 
 
 (H) Sec. 20. 
 
 i; 
 
 fo 
 
S;i.i. 
 
 t!Y WHOM |'I;i)Vllil I). 
 
 63 
 
 to (Milri- then 111 iinyt iv I'rC rnir^' t > a ini' t ■'■iilar 
 
 ]i)falit\. 'I'liis |ir()\ isi'iii was rr-ciiai-ti d l)y the 
 l!f.;isLry Act nf IHOS » 1 ), which also aiithoriz-il the 
 liis|) ctor. whrri lie foiitnl it iicci'ssary for the 
 (l('si)atch of business hy his written oril r to th;it 
 t.tTct, t > pcriiiit more tlian one l{'",'istry iJook for 
 iMch inMiii(;ii)alit\ that is. for each lociility. The 
 ^.■ith section is taken from tht; iust enactment. 
 The Adr I ■" !ie" hetween the words '■ husiiiess" aiid '^>'F'o- 
 
 UT i|i!|p';vl 
 
 thi(l>. II! thin.hird line from the i)ottom ot tlieprr.prin 
 seL'ti )n. is a typoi^'raphical omission in the Act us *"'''"'" '•^''• 
 <•(>;. taiueil in tlie '["vised Statutes. 
 
 The expressuni ''liiiiitsas deliiii il In' law" refers "l-imits as 
 t(, the liiiuts a> Settled li\ authori/.el survey, and |,^'^[.''.'."^ ^^ 
 also in sot.ie (^ases by statute. It is to be observed 
 that thi' vi'hu'es referred !;■> iii this section must be 
 ucorpoi-ated :\> an iucorpiuatei] villaije forms 
 part of thv, Tnuusiii)! i-. which i* is situate, iiHtru- 
 nienis iiiT'Cl'ii^ it U'lisT 1).- entered in the I'e'cistry 
 l!od\ foi tile Tn\viishi|.. 'l'hrou,L;h inadv<'rteiu'e, 
 fiepai'ati 1! 'u'intry l)Ooks. haviiv.,'. ii.' some oases, 
 been kept foi unincorporated villai^es, it was pro- 
 vided by the 7Hth s 'Ciou of thi If ■i^Istry Act of 
 JSl'ij, til it si: -li 1)0 )ks siiMiii ; be t ikeu iis part <:f 
 the Township I! '^'istrv 1)' 'k- : and by the :Mth 
 setdion of the Keijistr, \ t of Is is. it was enacted 
 'li;it separate books fir iiuiiieoiuorated villai;es 
 should not be fiirthei' iisid. See si-tion ST pusf. 
 
 The ahs^ iice of any loc il or sp; ,.;i',,. ,],,^ -ription .\i.-*fncnof 
 of lands III an instrument of course nrechnlin" the ''""■^•.•"' 
 Ite-^'istrar from (■nterin<,' it in a book relatiii'..,' to 'l -'•',u'-. 
 any particular locality, it was essential that if !t,'",u!-nU 
 should be ent( red in some book expressly intended 
 for the recording' »'f such iiistrum nits ("i). 
 
 [\] S.r. '22. 
 
 (•-') S,.,. (imlinrr v Ble.siuton, 1 Ir. Cli (il; I)..l.icour v 
 Ir-tiiiiUi. •} Ir. Ch . o:i;$. 
 
64 
 
 BOOKS OF OFICE. 
 
 rCHAP. V 
 
 No olijpc- 
 tioii tci IV 
 will tint 
 it did nut 
 specify tlic 
 lands dr- 
 vised. 
 
 Grant of 
 all lands 
 in II 
 County 
 wUiiiiit 
 more. 
 l)e. ds of 
 Assi^'il- 
 mciit. cl-c. 
 andtr lii- 
 
 HlilVtlit 
 
 Act of 
 1870. 
 
 A dencrip- 
 tion of 
 luude in 
 
 It was held not to be a proper ol)jection to the 
 registnitioii of a will, that it afforded no informa- 
 tion upon the face of it as to wliat lands were afftcted 
 by it (1), In the case of Ilobson v. Carpenter (21, 
 Spras<:};<', V.-C, in his judgment remarks, that "the 
 traiisfirt'e of real estate, transferred in general 
 terms, must at his peril register the instrumen 
 under wliicli he claims in the " city, town, township 
 or place," in which the lands lie. Any other con- 
 struction of tlie act would exempt from the neces- 
 sity of registration wills containing a general devise 
 of real estate, and conveyances conveying real 
 estate generally. In trust deeds for the beneiit of 
 creditors, there is often a descri[)tioii of soiue land 
 with a general conveyance of all other hinds, of 
 which the debtor may be seized. U xi Jxuki fide 
 purchaser from the heir in the one case, and from 
 the debtor in the other, were not protected, the 
 conse(iuences would be most mischievous." A 
 grant of all the grantor'n lands in the County of 
 A., without mentioning what lands : — held to be 
 will) in the Registry Act (;5). 
 
 Under the Insolvent Act of 187;") (4) and amend- 
 ing Acts, a copy of the deed of assignment, or writ, 
 of attachment, certilied by the respective ollicers 
 mentioned therein, is required to be forthwith regis- 
 tered in every County r^eistration district in which 
 the insolvent has real estate. No descrii)tion of the 
 lands of the insolvent is contained in such deed or 
 attachment, otiier tlian the words "estate and 
 effects, real and personal." Such an instrument 
 clearly falls within that class that affect lands 
 without containing local descrii)tion, and therefore 
 
 (1 ) lioc d I.owry, V. Grunt 7, U. C, R., 125. 
 C-'l i\ (ir. ii'.t:!.iitii|>. :iOn iiiil. 
 (;i) Killoii vs. tostello, cited JonoH 410, 
 (1) Sec ly. 
 
[ 
 
 CHAP. V 
 
 5'25. 
 
 .1 
 
 CHAP. V. I 
 S2o. J 
 
 INHTUU.MENTS WITHOUT LOCAI. DESCRIPTION, 
 
 S5 
 
 1 to the 
 informa- 
 ^ufffcted 
 'liter (21, 
 ,liiit "the 
 
 general 
 struiiH'n 
 township 
 tlier con- 
 he neces- 
 ■ral devise 
 ying veal 
 benefit of 
 some land 
 
 liinds, of 
 a bona fide 
 , and from 
 tected, the 
 i^-ous." A. 
 
 County of 
 held to be 
 
 Liid amend- 
 nt, or wril, 
 ve otVlcers 
 withre^is- 
 
 ct ill wlii'li 
 
 ution of tilt) 
 
 lu-h deed or 
 
 rstate an.l 
 
 histrumeiit 
 ilTect laii'ls 
 
 ,\ therefore 
 
 are entere.l in tlio General Refiistrv Book (1), It is """'"^'^4 
 
 ~ * til a Deed 
 
 provided by tlie same Act:tliiit if such deed or writ of of Assign- 
 attacdiment be registered in the Province of Que])ec, ,'.pr"^tere(I 
 it should be accoin])anied by a description of the '" Quebec, 
 real estate belonging to the insolvent, together with 
 a notice of the transfer of such deed or writ of at- 
 tiichinent to the Assignee. By the sixtieth section 
 of that .\ct the deed of re-conveyance from tlieI^^'''^o^ 
 a'-signcM' to the insolvent, U[)on the execution of aauce. 
 died of eiiiiiposition and discharge. need not contain 
 any further or more special description of the 
 eflfects ami property re-conveved than is re(iuir- 
 ed ill (he deed of assignment. There seems to 
 be no valid reason, wliy the description of the in- 
 t-.>lv 'it's lands siuiuld not accompany the registra- 
 ti. ;. of the deed ot assignment or writ of 
 attacliniiiit in this, iis well as in the neighbour- 
 ing l'i''>viiu'('. Why there should be any discrimina- f^npfroa- 
 tion m the matter does not clearly appear. It iSn-^-istry of 
 suhmitted that the Insolvent Act should be amend- '^'''■'^*' "* 
 
 1 I • 1 • 1 •IS-li.'U- 
 
 ed, so as to reqinre tlie insolvent, upon executing meut. 
 the deed of assignment, to furnish to the official 
 assignee a list of all real estate owned hy him, or 
 in which he has any le":il or equitable interest, 
 duly sworn to. and a copy of such list duly 
 Certified toby such assignee should accompany the 
 registration of the deed of assignment. It is ad- 
 mitted that it would he impracticable to have a 
 similar provision in the case of a writ of attach- 
 ment au'ainst an alisconding insolvent; yet even 
 in surh a case, a li>t of the lands of the insol- 
 vent could he ascertained by tlie assignee and 
 registered by him m the proper Registry offices. 
 
 (1) Sf.. rctnaiks of SiiKilen C. Hatt.Tsliv v. Itocliford, S Ir K(i 
 2H1, illso (itilil.ins V. Glll.l.liiH, 1 ]).&. M.. Itil) (11); Scully V. 
 Scully, C. & A.,77(/i). 
 
t * I 
 
 6G 
 
 HOOKS OK OKKICK, 
 
 fcHAP. V 
 
 ! i'i5. 
 
 Every obstacle to <a full and soiirehin:; inquiry into 
 titles ti) lanil should lie reiiiovcul. 
 
 ^al'lud'I'" li'.qistrars should he careful to have a full 
 al[)halK'tieal index to the (nneral lii'<,M^try Books. 
 NoL only should the nam 'S of tht; pirlii's exiTuting 
 the instruments ret.-orded thi'rt;in aitpear in sueh 
 indi'X, but also the name of every i)ers(»n men- 
 tioned in the body of the instrument. For exam- 
 ple, in the c;iseof a will, tin; naiui; of every devisee 
 or other jjt'rson taking an interest thereunder whe- 
 ther benelieially, in trust, or otherwise, should be 
 mentioned in the index. 'I'he metliod sometimes 
 adojited oi referring to sueh parties under the term 
 ■' ct. dl." in the index, is not only a diiect contraven- 
 ion )f III ■ r^ijuirem 'uts of tlr; statute, but atl'jrds 
 no information totlie p;\rty seareliiii'^ a title. Any 
 person, prejinliced iiy sueh a negligent compliance 
 with thestatute. would, doubtless, be entitli'd io look 
 
 Ronstnir \^^ l\^^^ Hf^islrar for compensation. AltlioULdi the 
 
 entitled to . ' , . , 111 III 
 
 tljc jios- books ol oihce are diHiiied to bv the properly ot Her 
 B('8si<.ii of ]\l;iji,siy, the right t ) the possession of such Jlooks 
 
 Omisfiioii 
 to index 
 oveiy 
 iDiiiie in 
 in>trii- 
 tucnt. 
 
 Olli 
 
 IS Ves 
 
 1 
 
 )0OKS 
 
 led 
 beti 
 
 po- 
 in the Jttgistrar rirtutc o//irii 
 th 
 
 ikcn ont ol tile jiossession ol 
 
 the 1 
 
 sueli 
 
 le''18- 
 
 trar, either through force or fiaud, it will be iieces 
 
 Sai'v, in assi-rting his right and claim thereto in an 
 
 Replevin aet 1. 11 of r^ plevin, to siinw on tile tlpplirat ion i'o) 
 
 tburcof 
 
 the writ, that he holds th(> o 
 
 ice 
 
 f li 
 
 ''istrar, a 
 
 nd 
 
 is, 111 c(jnse(iu 
 
 eiice of S'l'di tenure, entitled to the 
 
 books (1 . Other books for the for the use of 
 llegistry olhces are recpiired to b(i furnished or 
 }U'o\i(led, in adiliti'Ui to those eiiunierated in this 
 si'ctioii. tinibr special statutes, a list oi ^hich 
 statutes is contained in ajipendix 13. 
 
 (ll H.] 
 
 iid V. McT.nv, 10 r. (". li. .T '2(l'.t ; Sec lIiimiiK.nd v. 
 
 MeLiij, 1 1, ui. '21 \'i. C. li.. i)l ; See jmge 73 post. 
 
 Mi 
 
 bn. 
 
 th. 
 
r<HAP. ▼ 
 
 1 SiW- 
 
 OHAP. v.] 
 
 ii'-'o. ! 
 
 NKOLECT TO PROVIDK BOOKS. 
 
 07 
 
 u-y 
 
 into 
 
 a full 
 I,' Hooks, 
 an-utiag 
 ill sui'b 
 .n\ incu- 
 n cxaui- 
 ^- (Irvisee 
 ul, r wUe- 
 iliould be 
 ometimes 
 I- tlu'teriD 
 ontiavfU- 
 it jitl" irils 
 tK'. Any 
 oinpHance- 
 UmI io look 
 lu)U!_'l» the 
 rty ot H<-'r 
 Jh l".o.)ks 
 If sueli 
 the lU'gis- 
 1 \)v luees 
 iTto in :vi\ 
 it-alion i'oi 
 istrur, anil 
 itU-.l to the 
 tlic nse of 
 ruishcd or 
 vtiMl in this 
 t of whieb 
 
 . Hamnioiitl v. 
 
 n 
 
 Fornirf of Ro^'istrar's requisition and order of'''""'""' 
 the lu^^istrar are contained m Appendix A. tion, &c. 
 
 'Jli If tli<' 'I'ri'iismcr rcfii-cH or iicKli'cts to f;iriii-ili siicli Ihii.ks If the 
 witliiii tliiiiy ili.\s afl t such :i)i|ilii-iili.iii t li'Trf.jr, tin' Ucj-'si r ,ir 'riciisiirer 
 niiiv pimiili' tli.' s.iirii' iiihI riciivir tlic cusls tluK for fidili the n»'Kl»'<'ts 
 Mmi iM.iii.iv (.f tlic e'iMiiity or C itv so in dcfaiiit. :il Y. (r. 20, to iirovide 
 p 'J!. hooks. 
 
 The ll.'.Mstrv Act of IS lOcontaincd no provision for ^j" ""•"•'^'' 
 
 '^ • ' t'llUlHC 111 
 
 pennittinjT the llc-i^tnir to obtain tlie necessary Uck. Act 
 books, if the Provincial Secretary sliould omit to" 
 supply till in. \\ Inn the County Trcnsnrtr wits 
 suljstitut'jil, its bi fore nlVrrcd to. (ov t'le ri-ovincitil 
 Secretary, a provision iihnlical \v;tli the pri'st-nt 
 section was ( iiach d (1 ). 
 
 V>y the precu'din.; seetinu. tlie ai>i)licati()n of the WhiittK. 
 ric<,'istrar is ri'tpiirv^'d to he in writing;, and should "J''^^"^" 
 set out clcitrly what books are di'sired for the use >h(inia 
 ot the otiKte. It IS essinti.i! to tlie If i;istrar -. 
 ri;^ht I'x ])i'oviile the h inks, and to reciU'er the costs 
 therei)f hy ycti'Ui ti'^aitist tlie Miiiiicipali! \ . that ii 
 dernaiiil should have hei ti nia'h' b\ him in writinj.*' 
 upon the Tr.asurer, followed liy a refusal or 
 ne;4h'ct on the ])art of tliiit olHeial to coni[)|\ 
 within tliiity (lavs after sii'-h''application. 
 
 After the 1(1 Vic, cap. IfSTciinie into force A. the Appliou 
 Registrar of Kent, applied to (i, the lie-islrat d' J'![',|^"'"' 
 Huron, to orifr hooks foi liisol'lice, G, ordered 1 he must pm- 
 
 hooks from th'- phiintitf in A's name, and tin hooks of action. 
 Were cliar;j;ed to A. Tureo ottier hooks Were after- 
 wards purch!is((l, whitdi the plaintitT char.ired in his 
 own account books to " Tin; ('ounty of Kent for 
 Mr. .\." Upon an iiction of iissijmi)sit for u'oods 
 bold and (lcliv(!red, and u})()n tin aciioiint stated, 
 Ijrou-ht by tlie ])laintitT ti.i^'ainst the Municipal 
 Council of the County of Kent, it was ludd, that, its 
 
 the defendants did not directly or indirectly order 
 (1) 16 Vic, c. 187, 8. 3. 
 
68 
 
 BOOKS OF OFFICE. 
 
 L S.:7. 
 
 the books from the plaintiff, the plaintiff's case 
 
 rested solely upon the effect of the thinl section of 
 
 that statute ; and no proof having been a<ldii('ed by 
 
 him of an ai)[ilic;itiou on the part of the [[cu'istrar 
 
 having bc'i n made to the Treasurer of the ^^lIni- 
 
 cipality for the required books, there coull n )t 
 
 have been that refusal or neglect to funiisli them 
 
 after ai)phcatinn, which would have entitled the 
 
 Registrar to obtain thera himself. It was tjieii fure 
 
 held, that the plaintiif had no right (jf action 
 
 against the defendants (I). 
 
 ReRistrar From the language of this section it would 
 
 emitl.-i to appear that the Registrar is alone entiti d to luing 
 
 o!!!'?,/^'^^ 'Ill action against the Municipality so in default. 
 
 County 'J7. Tin' .Tiiilt.'('iif tlic (■(luiity ('nuvt or Wjirdcti of llir roiintv, 
 
 Jiiilt:t' or or >r:iyi/r of n C'ity, sliull f^ivc a ccriiricMtn ii^ihcI i ,' (aid 
 War<liii UHL'istry or other Book, so fiiriiisliMil or jirovi ic.l, in llir tni in of 
 tu cvrlify SrhiMliilo I) to this Act, or to th.; likf t-ffrct, i.inl in ca-f ( f i-- 
 buoks. filial shall he lialilc to the sainc i)rnalti<s iis an; iiiijiosi'il l.y 
 
 Sfctioii thirty of this Act. 'M V. c. 2(1, s. 21. 
 
 The certificate does not varv substaTitiallv in 
 
 No mater- 
 ial cliiiuge 
 
 in thi>- form fvom that given by the Proviuciil Secretary 
 j^'^'™ .'^'jI^^'' after the Registry Act of 1S40 came into force and 
 ofHiti. until the 1(5 Vic, cap. 187. This latter Act re- 
 16 Vic, (luired (2) the certificate to be given by the Judge 
 
 of the County Court ot the County in wiiich tne 
 Re-,'. Ar:t l^t'S'stry Oftice was situated. The Registry Act of 
 cf 1605. x,si)r> (;}) extended the authority to certify such 
 
 i'ooks to th(> Warden of the (,'oiinty, itiul the sam-. 
 
 authority was afterwards granti'd to the Mayor of a 
 Reg. A(^t Citvbv the Registry Act of 18G8 (4), which also 
 
 subjected tlu'Se olhcials to a penalty in case of thei; 
 
 refusal to comply with this S( ction. By referenot 
 Penalty to Section 80 pout, it will be seen that the penalty 
 
 (1) Head V. Mnuiripul Council of Kent, 13 U, C. K, 572. 
 
 (2) S.u 8. 
 (;(} Sw 22. 
 (4j See '2i. 
 
[' 
 
 CTJkV. Y. 
 
 
 TRANSKEH ON SKPARATION. 
 
 G9 
 
 (T's ca3e 
 u'cti'm of 
 1(1 need by 
 licu'istriir 
 \e. Miini- 
 onll n )t 
 lish tlu'tn 
 titled the 
 4 ilu n fore 
 (jf action 
 
 it would 
 
 d tol'i-ing 
 
 ill derault. 
 
 i,f tlic Cdniitv 
 .^|M (11 ■-; < ■"■'> 
 in till' ("II"' ' ' 
 ill cii-f ( f 1'- 
 :■(■ imi'ii^i-'il by 
 
 antiir.iy in 
 I S<ciTt:u-y 
 to fcirce and 
 
 ir Act re- 
 tlio Judge 
 w'.iich tiie 
 stry Act of 
 rt'.fy i^iich 
 
 d tlu' «;im'^ 
 Mayor of a 
 which ixl^>> 
 !;ISL' of thei! 
 5y nd'erence 
 the penalty 
 . C. U. 572. 
 
 is a fine not exceeding two thousand doHars, and""'!''" «'*c. 
 inii'ri.s-jnnient in addition, in the discretion of the 
 Cmrt, for a term not exceeding one year. 
 
 •2-i. W'n-n anv Coiintv. City, Town, incori^orati'il VilliiRe, Provision 
 Tnwiiship. r'-piite.l Towuslup, or pliicu uiiikiiiK \>Mi t;f u Couiitv whric iiiiy 
 wh-Tf III ii -«-p.irat.- Uugisliy (JltK'>' is or liis Ijin u k.pt, is or has pliicf is 
 bueii (1- tat-lifj fr.Mii soiu.-" Union or County iiml sit iipart f,,r s.'iiariited 
 ri-;,'istratioa purposes, or uttiU'luil to or niiult^ [larl of aiiotlitr f''""» '' 
 Co iiitv. fur wiiirii ii SL-piinitt- lU't,'i>tiy oiiu-v. is ul.-o k.pt, or wli, iv Co'inty or 
 a .v--pir.it«; Il-j.'Htry Oilijo is establislu'd iu any County or Junior ilitiichca 
 County, acofiinji to the provisions of tiiis Act, the UiKistrai fi'"'" ""« 
 (.f tiit-C" iiity from which such lociilities are so detiiclu'd, slnill <'<'i>"ty 
 deinvr t J lii-- U.'>,'istr.ir of tlie Cuiiiity set apart, or of tlie County m"' "t- 
 •wiLTcUul-' til-; same is attached, tlie l{e^'l^tI•y Book or IJooki, tached to 
 and al otLier B..ok> and Indexes wliicli have lieen kept uccordiiif,- *""^''''^^''- 
 to th." .-taiiitt exclusively for suc)i County, ("ity. 'JV)wn, incoipo- . 
 
 rat- d Viiiaire. Township or re|)iited Towiishiii or place, tlie ori^;- ^''^ ,"■ 
 iual iiieiu-»ri<ii.s and orieinal duplicates of nil deeds, ctuiveyaiices . "' '' 
 an I w llsnf. orrelatlu;,' excUi-ively to, any lands within the same, '' !^[l^,f. 
 and allothiT instruments, and all nnvjis of Cities, Towns or Vil- ''^ "" *" 
 lages «illi;n the same, lodged according to hiw in liis oUice : also '^'' 
 a >lati-m'-iit of ail titles to lands within sucli detaciied localities, 
 re;.'isiHred i»«.'f<»re s.-parate Uegistry BooI.« were kept for each 
 Tuwn-Lnp or plac-', which statement shall contain a scliedule of 
 al! m-iuorial- and otie-r re^'isti-red iustiiuneiits which are so de- 
 livered, and a!»o an »'X,ict copy of all ineniorials and oilier regist- 
 ered d 'Cimeiiti atT- etin„' sucli lands which, by reason of their 
 relatin;,' to t'.v.» or more localities cannot be ddivered, and such 
 statement shall also contain the same particulars with regard to 
 ■wills, and siiall lie accompanied by indexes of uanies, and an 
 index >A lots, whi'di .-hall be considered as a part of the said 
 fsta!em>'Ut; sach Uegistrar shall also furnish therewith a slate- }^t,^tpnient 
 in-nt anl copy of all wills and other inslruinents registered in ,|, j^^^ j,,,.. 
 any geu-.-ral Hei.'istry Book, and shall cavefiiUy conijiare such „i..;ii,.(j 
 St itemeiii with riie original entries in the Registry Books in his 
 
 ollice, and endorse a certiticate to that elTect on the statement ,.,,,, i 
 
 ^ from gen- 
 era! reg- 
 
 wlien fum.-niiig the same; tlie Registrar receiving such Books jj^^,.,. j^^ijij 
 anl his siicce.s.-.ors, shall keei) the same among the Begistrv 
 
 Books cf his ofliee, and deal with them in all respects in like 
 manner as tuo.-ie originally supplied to and kept therein 31 Vic 
 c. 20. .s 2:>. 
 
 Duty of 
 Keg. re- 
 ceiving 
 Bame 
 
 The establishment of new registration divisions No provis- 
 within the limits of older divisions, and the re- l""i™^?' ® 
 disposition and re-arrangement of the books ofAf;tofi796 
 omce and muniments of title consequent upon such registra- 
 setting a(5art, does not appear to nave been con- !'"" ^^^'*' 
 teraplated hy the framers of the Registry Act of 
 1795, as no provision was made for such an exigency. 
 And it was deemed suflicieut when the possibility of 
 
70 
 
 BOOKS OF OKKICK. 
 
 rent P. ▼. 
 
 Statc- 
 iJK'iits ri 
 
 14 
 
 -ir.vi 
 
 c. 
 
 r; 
 
 Ifi Vir., 
 
 c 
 
 1H7. 
 
 sui'li fin ncpiision transjjirinn; prosontcd itsflf, to 
 r((Hiir(! *)f ilic llc^'istrar of tlio older re^'istrution 
 division to fiiriiisli to tlic Kc^'istr.-ir of the new 
 division a stHtcim nt of llic rcj^istration of .'-ncli 
 titles MS liad l)(( h re^istcrtd in the former divi>ir)n, 
 afi'eclin<; liiiids l}in,L,' within the part so separated, 
 such statement contiiiniiij^ snnply thu dates of the 
 several instruments, and the parlicuilars of the lots 
 I'liin'riVy *•!' piii'eels of land to whicli they res|H,'ctivt ly rc- 
 \{<a Act fen-, ,1 (1). ]i\)y thes(3 statements thev \\t re en- 
 
 .lf IHlti. 
 
 titled to collect fees [)a|)al)le by the now County ['1), 
 IJy the Act l() Vic, cap. 1S7 (.'5), it was ]irovi(hd 
 that this statement should contain, in addition to 
 th(! pai'ticulars already meiitione(|, the names of 
 tile ))arties to tht^ instruments and of the witn<ss' s. 
 and should he accompanied by an index 
 thereto. The statenu'iit hiid also to he endors* <1 
 wilh a, ceitiii''aie, that Iho sann; was carei'tiil} 
 compared wit.h t!ie ori.L^inal entries and astat.-meiit 
 of wills r(e;istered in theCJeneral lu'i^istrN of Wills. 
 The lleijistiMr was further reepiircsd to deliver to 
 till! lleejstrar of tlu^ Division so set apart the 
 Ue.^istry ]>,toks rilaliiiL'; cKedusively to those 
 localities l;.in;.; wilhiti such (li\i,-i'in. 
 
 Slio',-|ly alieiwaids it was euaetcd ( 1 1. that the 
 |{ 'nistrar of the Couiitv.li' )Mi which any p )i-tioii of 
 such County was set apart for re;Visliatioii pur- 
 poses, s!:.iuld, in ii(lditi(;n to the htioKs, plans and 
 Htatenieiif s lii-^i ref.i I'. (I 111, d, li\er to the It* ;^'stra' 
 of 1h(! Couiitw to \vi ieit ,-U(h portion should h'- 
 attacli d, the nii-iuii (III ir.>> i.als of all deeds, wili.- 
 and otiier cimvi _\ am ■ -■ relating (\clu dvejy t'> tii- 
 lands witli'u sueji | (u-tien set apart, on paiu u' 
 (ii I: '. A.-r ..f I •iu;, •^, ;!-J 
 
 (III .ei I 1 '.. Vii:., c^ o, s. 17. 
 
 ;:;: s^ :> una :;, 
 
 (4, JS V).:., c. 12;, .-,. (■>. 
 
 18 Vie 
 c. 127. 
 
 Ul 
 
 .1 
 
 .1 1 
 
L iJ^t- 
 
 elf, to 
 trillion 
 ic new 
 )f such 
 ivision, 
 larsiti'l, 
 s o[ the 
 the lots 
 vt ly rc- 
 , re en- 
 inty i'i>. 
 proviiU u 
 litinii to 
 liUlK s of 
 itil. HS> s. 
 
 11 iii<lex 
 
 eiidnrs' (1 
 
 carefiiil} 
 
 itilt.-ineiit 
 
 of Wills. 
 
 liver to 
 ip-.irt the 
 
 o those 
 
 thill the 
 
 t )itiou of 
 
 ition I'ur- 
 
 ) hiiis iiul 
 
 It, -'stra' 
 siiouM !'•■ 
 ( eds. wi'.i- 
 
 y, ]\' t.> til- 
 
 on iJiviu o* 
 
 •H«r. V. 
 
 liOOKS MlSl ItK UKI.IVKKKU OVKB. 
 
 71 
 
 r s re. 
 
 beinj,' guilty of ii inistUineiiiiour. in case of nej^'lect 
 
 to foiiiply with tliis provision within tlivrc lu.iiitlis 
 after (It ni;iii(I. 'I'lit sc juiieiKJinents wt re cousdli- 
 diitid in (on. Stat. I'. ('. cap. S!>. s. 72. Wli-re a 
 
 cap H'J. 
 
 separate iiii^'istrv Olliee is estal)li>ln il in a C'itv 
 
 ■ On scpiira- 
 or Town, the hooks which IniVe hei ii k( pt hy theti..n the 
 
 Uenistrar for the Count v. lor the use of the Citv, '"";'',''. 
 
 * * ill 'I S I 1)0 
 
 must lie il( Hvered to the iJe^istriir for the City : 'i- 'ivT.a 
 ami it will lu no excuse for t he nmi delivery of such .tuxiinK 
 hooks, that lie ineiials, nlatin^' to land Ivin^' w ith- '"'l""l"^' 
 out tie ( ity o) 1 ('Wn, havt' la en iiupropt rly enti reil tlj.riiu. 
 in such iniol,s ( 1 ). 
 
 Tlif Kc^'istrar of the C unty of Frontt nao, ;ift<r 
 the City of l\in;.,'ston was sepaiati'il thtri from 
 for re.i;i~tration pur[»oses, furni>h'(l to the lo ;^'is- 
 trar hir tin' City a statenicnt of titles to land, 
 before -t pnrate hoeks had htu n kept f^r the ( ity, 
 and hrouL:i:t iin iictioii a'_Min->t the City to ri covir 
 his fet s fur so doing;. It was held, thiit the phiintitf 
 Wiis not hound to furnish the copies whicdi he had 
 6upplir(|. and that the defendants were not ohlijcd 
 to pay for tlieni: the ahst iice of the words " and 
 Set apart for reL'istration purposes'' heiuL; a .-r/x//.-; 
 om/s.v/rv fiMin the '-•atute. Con. Stat. U. C, cap. i-i'.» ; 
 and that tlie plaintilf could not lia\i' he«n pro- 
 secuU'l iimlcr tiie seventy-third section of tiiat Act, 
 for !i misdrnieandur for refusal to ctunply wi:li the 
 terms thertof (•1). 
 
 Tile lIcL'istrar is entitled to he paid for furnish- ^'''^'"" ^'^ 
 lU'j. tilt statement and copies under this section. 
 
 See Si c. \)'2. ss. 7 yi"--'. 
 
 •-".' Ai , I;. ..>!i-,.v wlio refuses to .Icliver K!;<-ti l.o,,k«;. f.liins,'^'"-'"^'^"* 
 
 •ill I 
 
 >V lllrlllol i,lls, lis llflir 
 
 IMlM. « I lllll MX IIJ' lllllS 
 
 l:. 
 
 -I i.ir 
 
 ;if'' !■ >!■ '11,111.1 III \.iiei,L: tlii'ii for, iiim.1i- iiimui Imhi l.v tli.- I<. j.-- ''■''■''- '" 
 i>f..r 1 litit . ,1 t.i i-.c, ivr tip- -;iiii- , .-liiiil ii|M,ii i-..h\,,-ii,.ti til. r.-of '"•'^■'' "'"'^ 
 Lt-foi.- iiiiv L'l-uii lit ()M I mill tri-nra:! r iiii.l Gi-in r.il Oa..l J>.-!;\t-tv. ' '"'•■■ ''•■''• 
 
 (III;-' . f I, -iiiii 11 V, !;. -'■ (iiMi.iii , -, ., 17 r (■ it . ;,.>.'. 
 
 (1; liiiiai.d V. Lay nf Kiii--i, n, J 1 I . c; 1'., ^.J'j. 
 
 Ac. 
 
V' .1. 
 
 v:i 
 
 72 
 
 BOOKS OF OKKICE. 
 
 fCIIAP. V, 
 
 L Mi- 
 
 Registrar 
 reiiiDVfil 
 or resif.')!. 
 ill),', to 
 deliver up 
 books, etc. 
 
 Proceed- 
 iiips in 
 case of 
 refusal 
 
 First in 
 trod need 
 by Ket,'. 
 Act of 
 
 Before 
 that Act 
 parly 
 claiming 
 books was 
 left to ac- 
 tion of 
 treHpusB. 
 
 fiirfi'it liis offlof, and bo iiiible to a fiii", in ttio i'i-<crcfion of 
 BUcli Court, not exceeding' four hiiiidrfl doll,irn. 31 Vic, c. iiO, 
 R. '2U. 
 
 This provision was lir.st iiitroJured by the 18 
 Vic. cap. 127 (1). 
 
 Forint-rly the Registrar was only allowod three 
 months. This was extc'iKled to six months, us at 
 present, l)y the Itei^istry Act of iBiJ.j [•!). 
 
 For form of demand under tliis Section see 
 Appendix A. 
 
 30. In (a-i- anv R"<.'i<triir is removed from or resi^rnH lii« 
 oftiic, lie sliull fortliwitli d<liver up nil l)ook~, jilni-, iiisti umeiit^, 
 nil niori.iU and indexes in liis pos-ie-sion, as sucli Ue^^i^trar, to 
 the pei.-oii who is aiiiioiiited K'.'i^irar in liis stead, or lo any 
 other pi:-oii who may Ua s|)eciiilly appointed in writmi,' by Ifer 
 .MH]e-i.\s Attoni'V-Cieiieral of Ontario to receive the same, nnd if 
 mrIi Ue^'istrar refuses to do to, the Attoinev-Generalniay direct the 
 Slieiilf of the County to seize and take iinriiedial ; ]) isses<i()ii uf 
 the same wheresoever fuuiiil, and the Ueeistiar so otTendiii)^' sli dl 
 lie li ibie to a tine, in the discretion of the ('ourt not exceeding 
 two thoii-and dollars, and to any term of iinpri^ouiueiit, if the 
 ('ourt thinks fit to impose it, in addition to the line, not e\eeed- 
 iuy one year. IJl Vic. c. 20, s. 27. 
 
 No statutory provision was made, prior to the 
 coming into elfect of the lifgistry Act of IHij.j (3), 
 for the enforcement of the delive.y up of the bodies, 
 plans, instruments, etc., in his possession by the 
 retiring llegistiar to the person appointed as Lib 
 successor, or to any other person properly autlior- 
 ized to receive them, the person apjjointed as Ijia 
 successor being leit to seek his own remedy. 
 
 M. having claimed the otldce of Registrar, which 
 was then in the possession of one H., applied for a 
 mandamus nisi directed against H., requiring him 
 to deliver up to M. the books and papers in his 
 custody or control. Having obtained the man- 
 damus nisi M. proceeded to the Registry Office, 
 accompanied by two constables. H. being absent, 
 
 (1) See 6. 
 
 (2) Sec 24. 
 
 (3) Sec 25. 
 
 N -111, II 
 
 I.'l 1,1 
 ill 
 
OS. 
 
 CHAP. V.l 
 
 Ml. ! 
 
 ENKORCINO DELntET 
 
 n\ ol 
 
 ) 18 
 
 liree 
 vs at 
 
 I see 
 
 ;i)s lii« 
 
 lllllllt!', 
 
 •ti-iir, to 
 r i» iiiiy 
 l)y II.T 
 ,., iiuil if 
 iri'cttlie 
 .s-ioii i>f 
 iim sh ill 
 
 It, it tl>e 
 t e\et'ed- 
 
 to the 
 
 Sli.'j (■)), 
 
 bo.)k9, 
 by the 
 as hiB 
 author- 
 as hia 
 
 which 
 led ior a 
 |ing him 
 
 in hi3 
 le man- 
 Office, 
 
 absent, 
 
 yi. (hiniindt'd tlie l)ooks and pay '- '• ^ H/.s wife, 
 rc'idin^' over to her what ]'ur.' ." . ■ i •• a ptT- 
 cinptory mandamus as his auiLc'r.v rVr making 
 till' dt'iiiand. but refused to j^rri- "i h^r or her 
 solii'itor to exan)ini' it. M. aud h> ■- -mts then 
 ri'iiiovrd the l)ooks. A rule for m •of.i'rr against 
 M. dircH'ting him to restore the h'.xj»k.-^ arnl papers 
 so uliti>iiir(l liy M. was refused, lii* Cmn holiling 
 tliut II. couhl brin;^' an actioc of trr*i;r:i.*s ay;aiiist 
 ^r. cliiiiiiiML,' a man<himus in such tif^»a, and that 
 as 11. could olitain full relief It -m ordinary 
 suit, the applicittion liy him for a -: - ^ .:j rtmedy 
 sliiiiiM be discourai-H'd ill. 
 
 A writ of replevin h;id been pr-T5orL»!v aprdied^'"";' "' 
 t'er liy II., but was refused on th-e i3i'><»s>i ttiat the 
 altitlavit for the order to obtain -■. . ;•*; d:d not 
 disclose that 11. held the office d . 
 
 A '///(> irari'diito information ou ii^Liif of H. to 
 try the rif>ht of M. to tlie oiiice -vm aiL-5'"> refused, 
 and the ai>i)licant was left to lii* iut'liiya for the -^'"tion for 
 fees of ot'lice a.uaiiist the allege.<l iutaieJ^r iiil. H. 
 aci'oi'diu'^iy bri)u^dii an ai-tion fv>r -ji^fa fees, and 
 beiii.nheld to bo the l{ej,nstrar. ''^'/a^^f.'.i'TkiLjeTrasider- 
 ed entitled to the fees {Ik Vjion ajfirraL fc.v)VfeVer, 
 this liudinj^f was rever>ed \'n ■njiou zk-r iironnds 
 referred to in pajjes 27 and lis «7//,fy, 
 
 :!l. All Rc^'isti-iiis wild rii-iive fr >ii) iUKilii'B-»~"'ra*rT.)PiLnaal Rti^i^trarn 
 instnimciits, iiutnoriiils, and slnt^Ui»mi- «a' x.tlj- oiiKr^wiEu. -hull, r<jci'iving 
 s'. s.),in a.; iiractirMliic. make full auJ i-oTnjiitOt di^u^rr ni ali :-i -li ori^'inal 
 111 iiMii.ils ami iiisirumfiits in ji; ijut Btnikf^ taiti in thn i'lims niinn) ials 
 Older and relation in whicji they \\ reuriiauai.7'T*;ruTi>r't»i,iiis»rrt- fti;., from 
 iu!,' in the uiar;,'in of the ReKi-trv liook-i. o)i}e.HCi* *. .^.u'li aierno- atioth- r 
 rial or instrument, the ntiml'ertLierfof. and lb ^ 3>tjru:iu:ir timrr ;it Countv. 
 «'ai(.'li siu'li ni 'inorial or instrum-'ut wu= i>rii::iiiiil.7 rii.-.>r ^d. an 
 euilurseil on the luel; tiiereof liy the Iieirir,%ruJ ;it '»£» L)*^pi:ty, at 
 tlie time of tlie ori;,'inal re;,'ist ration tLer^-id. 4^3 Vji ,►. :*>>. 2"*. 
 
 (1) In re Mefiay, -21 U. C. K., .^.4 
 
 (-'I llamm.md v. Meljay, In U. ( '. L .T., I'CiK ^.^ cnca p. •i»i. 
 
 |:il In re Hammond v. '.MeLav, 24 U. C. iL, 4*. 
 
 (I) Hainmcmd v. MoLay, ■>(> V . C. K.. 434. 
 
 I">| Hammond V. McLav, 28 U. C. li . 4«;i>. 
 
 6 
 
IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 
 :<»/ 
 
 1.0 
 
 I.I 
 
 1.25 
 
 • 5 '""^ 
 
 ■kw 
 
 I: 1^ 
 
 2.5 
 
 IM 
 
 1.8 
 
 U IIIIII.6 
 
 V] 
 
 v^ 
 
 .^^ 
 
 / 
 
 
 
 Photographic 
 
 Sciences 
 
 Corporation 
 
 23 WEST MAIN STREET 
 
 WEBSTER, N.Y 14580 
 
 (716) 873-4503 
 
 ^ 
 
 iV 
 
 ^v 
 
 :\ 
 
 \ 
 
 4^"^.. «^A ^\ 
 
 #.:^^^ 
 
 

 '^ 
 
 i 
 
 c.\ 
 
ih 
 
 BOOKS OF OFFICE. 
 
 5:w. 
 
 Whentliis 'j'lij^ duty, devolving upon tlio liogistrars \vlio 
 
 (liitv was 111 • 1 • 1 
 
 imposed. lorinciiy luul received, or might receive, from 
 juiotlier County original memorials, etc.. under the 
 provisions of section twenty-eight (iiitr and corre- 
 sponding enactments, was first imi)osL(l hy tiie 
 liegistry Act of liU'u) (1), wiiich was retrospective 
 in its operation. It was deenK. dad visal)le that copies 
 shouhl hi; made of thesf instruments, not onlv to 
 
 l)rev 
 
 ■nt tl 
 
 le Wear 
 
 and t 
 
 viiY necessarily accompary- 
 
 ing their fro(pH'nt handling, l)ut also for the con- 
 vcnitiice of hotli the liegistrttr and tin- puhh'c. 
 
 Til • liegistrar is allowed the fvr often cents per 
 folio for s( rvices rendered iiinh r this section ^'1). 
 
 The plaintitf as liegistrar hroiiglit an action 
 against tiie defendants, for services render((l hy him 
 und( r the corresi)()n(ling section of the lUgistry 
 Act of l.S('i.">, aiid anotlier section thereof CM prior 
 to the separation of the Counties of whicli lie lunl 
 Ji( gistiar. It was held, that the defendants 
 '"'"were jointlv liable to the plaintiff, and that it v.iis 
 no ohjection to his right to recover, that the 
 memorials had not heen received by him Imt hy 
 his predecessor in oftiee, as the statute pointed to 
 the ofticer acting as Registrar, and not to any one 
 in his private or personal capacity i-i). 
 
 ;!'2. WliiTcver. in any Kpt,'istry Ofl'u'P, any Bdok, fintn af.'t' or 
 )io()k bi'- ' uKc. is iK'ciiiiiiiifr obliti'intiHl, ov unlit for fntnic use. tlic Insjicctcir 
 
 Bcrvices 
 uniliT tills 
 section. 
 
 N(i otijcc- 
 
 tiun to 
 
 lU .i^is- 
 
 tvm- s 
 
 rJKlit (if 
 
 :i fiofi 
 
 tliiit 
 
 inrni()ii:il.- 
 
 w( 11 I, Hide l)ec n 
 
 l.y 1, 
 
 (lecH'SSOI' 
 
 Wli 
 
 en iinv 
 
 t'onifs 1 
 
 111- sluiU, liy (liiictiiins in wrilnif; urn 
 
 Icr liis liantl, onlcr sucli Hin'k 
 
 fit for fur- to lie re-copit-il in t\ Book of like tl('scrii)tiiin iis tlint rrciniici 
 tluTUsc iiiuliT the twtMity-fiftli section of this Act, so far as tlie Mime cm 
 copy to lie dt'ciiilii red by <xai 
 Iw raailo. ials nlatin^' tlierett 
 
 iniition thereof, and of tiie i 
 
 irii'inal nniiior- 
 
 vliicli IJoiik haviiij.' the order of M'.cll 
 In>|iector for the copying' thereof, niidrr the liand of llic 
 Insiiector, inserted at tlie hejiinniiij,' of 'he Hooli and having' ilic 
 nfiidavit or declaration of the l{(^•istrar or his Di piity, at tin' 
 end of f^uch Book, to the etlect that such Book, 80 copied in a 
 
 (1) Sec. 20. 
 
 i'Jl See sec. ',)'2, s.s. 7. post. 
 
 (H) Sec. H:? corrospondiiiK to sec. .'(.'>, ;)rt.<t 
 
 (■1) ("amptiell vs. 
 
 Corp. of York & Poel, 26 U. C. li.. C;!'», 
 
 aftir.iied '27 U. C. K. 138. 
 
 It ! 
 
v.v. 
 
 ;v2. 
 
 *vho 
 rom 
 tbe 
 n-ve- 
 • t\ic 
 ctivc 
 
 Illy to 
 Vnr.y- 
 e coii- 
 
 c. 
 
 Us pi'V 
 
 iiciioi^ 
 l.ybiui 
 U'^i^try 
 
 \\) prior 
 
 1 \)(' ll!V>l 
 
 AiuVaiits 
 »t it was 
 bat tlu' 
 1 \)ut by 
 loiuttd to 
 iviiv one 
 
 |[r>'iu lit:*' '"■ 
 
 s.u'b Bo.k 
 Hit rni"!''"' 
 
 Inuil \ii< uu>v- 
 
 1,1 \\ASW\^ 
 
 \W 
 
 i\t tU.' 
 
 imtv. 
 
 C. R-. <J-'''' 
 
 ;:t:;,;):i. 
 
 PHKSKRVATION OF HOOKS, MAI'S, ETC, 
 
 7& 
 
 tiiic vi<]'\ iif the Drifiinal Book of wliicli it purports to bo u copy, 
 to all iiitiMits iiiul ]mrposcH, accciitcil imd rcrcivcd us tlit 
 
 sh.ill 1. 
 oriKiiiii 
 
 lioiik. ill 
 
 (i 
 
 us priiiKi fiicii' cvidciK 
 
 tlint 
 
 Midi I'lijiy IS 11 
 
 true coiiv (if the (nit,'iii:il ISnol'. ; every such orifjiiiiil Hdok shiil 
 
 iievt 
 there 
 ill 
 
 rth 
 
 he can fully jireservcMJ, iidtwilhstMiulint; a copy Oripinal 
 
 if has lieeii iiiaile. ami eveiy such Itej^istrai' er his Pejiuty, to he p; 
 ilijii'eil to make his ailiilavit (ir ih claratimi in this sec- served. 
 
 tioii ineiitieiie,!, ami the Iii>])ector shall have ]>i)\ver to order aii.v 
 
 l?(ii>k wiiich is out 'if repair and unlit for use to l.e repaired in Ih'|iitirs of 
 
 such manner as 
 
 Ik; thinks necessarv 
 
 am 
 
 1 he shall also have honks 
 
 p.nver to ordei- jilins and maps deposited in any llei.'istry Otlice, maps, ore. 
 ipied, mounted or Imund, to he (ireserve'd in such manner 
 
 he thinks uecl■^s,•lry. itl V, 
 
 -'II, 
 
 L".t. 
 
 'riic ()l)j('ct of this sfctjoii is iipparent. It is ofOhjectof 
 
 tilt' iitiiiost iniiiortiiiU'O 
 
 that tijc fvicU'iioe iiiul 
 
 CtlOll. 
 
 uiuuiiiKiits of title to till' lamlcd lu-opcrty of the 
 piihHc shoiiM ]>i' cai'ffnliy iind jciilonsly prt's^rvid. 
 Some of the books usi'd in tlu! cju'licr period of 
 rcoistriitioii must, from the ahscuce of j-rojier 
 liindiiio. mdiflVfeiit (piality of paper and lid<, he 
 lniiiiiiin;j; hist uii'it for r<'ft riiire or nse, and this 
 sertiuii i.-. intendt d to meet sii(di ii dit'tieiilty. A 
 carefiil eomparisoii of the iiitri'. s in the siihstitiited 
 
 JlKIt 
 
 with thos(} in th 
 
 e <il 
 
 r hook, and witji the 
 
 Several memorials relutin^j, tin ret >, eoupled with tho 
 al'lidavit of the Itegistrar referred to in this section, 
 will he a snillcient guiiriintee of thi' correctness of 
 the entries in the snhstituted l)ook, while the pre- 
 servation of the original hoidc will satishictorily set 
 iit rest iiny dispute; or douht qnestionin*,' such 
 correctness. Forms of the Ins^iector's order and 
 Itegistrar's declaration are inserted in Appendix A. 
 
 ;«. The lie.'istr 
 
 ir sluil 
 
 1" 
 
 liiii|)er h(Hik k( |it f(ir the jmr- i^ncli Re- 
 
 uid calleil the •• Ali>tiact Iiidi\. ' kei p enteii li uiuh r 
 
 ^'istrar to 
 
 separate and (iistimt head eindi s(]iaiali' Id or ]iart nf u hit of ],,„!< 
 
 land as (uifjinally ))at< nted hy the Crown, or as d< tined on any „i,j,ti-.^i.t 
 plan of the >ulidi\ isioii of any siuh land into smnlh r sections or index to 
 I'll-i after such plan has heen lileil in tlie Ke^ristry ( llice ; anil ),,t^_ 
 
 i\ery instrument re(.istered on and aftt r tlie tirs-t deiy of .lanmiry, 
 one thousand ei^rlit htindred and sixty-six, mentioning' any such 
 
 it <if htiul or other suhdivision 
 
 d th 
 
 jierMin to each iiistruimnt and the mituie of it. 
 
 •Wi 
 
 if 
 
 (irant. 
 
 Li 
 
 Power of Att 
 
 ornev, ) 
 
 imes of every 
 
 (such as a 
 
 the numlif rs 
 
 What it 
 
 shall 
 coutuin. 
 
 rejri^tration of all such instrumints lor each Municipality 
 
 n 
 
I 
 
 76 
 
 liUOKS OF OKKIC'E, 
 
 fCHAP V 
 
 ill wliicli tlio laml iiUMitiotu'd tlu'icin is sitnato, and tiic dnv, 
 
 itlj. 
 
 .1 
 
 >f ti 
 
 H'ir it'Ljist ration, a 
 
 11(1 tl 
 
 IC I'llllSIl 
 
 li'liit 
 
 lull or 
 
 iiiiirt^,M;,'c iiiiinry iiii'iilioiicil tlirrjiii, sliall, liv tlic Jlc;,'isti-ar, in 
 ailclition til all fiitiii's !)>• law iiM|iiiri'il, be ciitiTcil in rcKul 
 
 (liT aii'l I'litatioii, iinilcr tli.' piMinT lnMilin;,' of iiacli siii-h scj 
 
 ar 
 >a- 
 
 ratc ii:ir('cl < 
 
 If lilt of iaii<l iiii'iitioiicil in such iiistriiiiii'nt 
 
 .1 tl 
 
 le 
 
 Honk or l5iMik-i to ln' so kcpL liy i-acli U ■;,'istrar, for the |i\ii|iose 
 of iiiikiiij,' till' sajil rntriis, shall hr in tin' form or nrarlv so of 
 
 iliih' M to thi-i Act. :U v., (!, -JO, 
 
 ;tl). 
 
 cal Imli'X 
 only 
 uinliM-llct,'. 
 Act of 
 
 ir 
 
 Aipluiiiiti. 13y thu Ui'j^Mstry Act of IS 1(5 (l) the l{('«,'istrj 
 
 iii'idx was riM|iiirtMl to keop siu ali)liiibctic;il calendar of 
 
 the Cities, Towns, Townships, etc., in which the 
 
 i.sio, numbers of t!ie nieniofials and names of i)artie3 
 
 were inserted, l)ut tliis hv no means assisted the 
 
 pul)lie in their imiuiries. 'J'he necessity for such a 
 
 All! 
 
 Index tiist : 
 
 •t hook as " Tile Abstract Index" in which all tl 
 
 IVIJU 
 
 lircd 
 
 le 
 
 instruments specitieally relating to, or alieeting the 
 iiv'K.'t,'. title to, land could be group. 'd tog^'ther under one 
 l,.^",j-|' head or departmt'iit was long ex|)erienci'd, and the 
 
 want was at last supplied by tlie llegistry Act of 
 
 lS(;r> (2). 
 lionctits 'J'aken in connection with the General lu'gistry 
 
 conf'rrcd 
 by thoAh 
 
 Bt 
 
 Alphaheti 
 
 .Book, provided the hitter is supplied with the full 
 
 fact and iinl^ix re(piired by sectio 
 
 n -li) 
 
 (iitte, 
 
 an( 
 
 I tl 
 
 le 
 
 ca 
 
 1 In- 
 
 tuxus. 
 
 iilphabetical index referred to in section 34 
 j>(>.s7, a person desiring to in(iuire into the nature 
 and condition of the title to a [)articular parcel or 
 lot of land, has at his disposal every reasonable 
 means to facilitate his empiiry and acquire the 
 desired infornnition. 
 
 It is to be observed that no instnunent can be 
 ,11,,, entered upon the Abstract Index unless the same 
 rc^'istcivd Ij.^s In^jn dulv registered, the Index itself being no 
 
 hcfori' in. n \ 
 
 dexed, c'tc.part of the record. 
 
 Naiiiosof Xot only is the Registrar re(piired to enter 
 therein the nature of each instrument, such as 
 "will," "grant," etc., but be must, in addition, 
 
 (1) See 8. 
 
 (2) See 30. 
 
 Instru- 
 
 inciit 
 
 shoii! 
 
 part 
 
 BrftfJ 
 
 SU:: 
 
 Uh 
 
 3Lmh 
 Ik 
 
 K J 
 
 tU ' 
 !i\ 
 
 •a Ri 
 
NATURE OF AKSTKACT INDEX. 
 
 7T 
 
 .gno 
 
 0*»«*r nf 
 
 fiannr tlit? names of " every person to each instru- 
 aii^ac." The word "person" is probiiMy intended 
 ffiir '"party." An entry under tlie column for 
 '* (rnmtor" or *' Grantee" in the manner foUowini: : 
 •* Ji)h.n Sinith ft al," where tliere are more grantorfi, 
 <ur;Trantees, as the case may be, would not he a 
 aiimpliance with this section. See pape (i(» (iiitc. 
 
 " The ohiect ot" the index is plain. It pre , , 
 flq}pi>HH;4 rcj;istration and is designed to facilitate 
 rei^lHCration." It follows, that any omission by the 
 ii;'"jii+tn.'ar to enter an instrument in such index 
 lunnmnta -iimply to a non-performance of a suhoi- 
 «&nju:«i duty on his part, and does not of itself 
 n-'uliilate the registration of such instrument, or 
 reonv- the party claiming thereunder ot any 
 guii)i'ity he might otherwise possess (1). 
 
 ^ trhis index is no part of the record, a mistak( Mi5ni»ae..n 
 m it: does not vitiate or impair the notice afforded 
 liw^;b registration otherwise properly made (2). 
 
 Tlirt holding that the registration of a djed in«MC3D. 
 awyuriid to be registered constitutes notice to Bub-T«arai 
 i*t<yu'nC purchasers and encumbrancers, although 
 auiti LnMtrument be not entered in the index, prt>- 
 famlH upon the ground that, under the statute, 
 1111+ indi^x i.s no part ot the registration ; and it 
 muiil not be sustained on the ground of construo- 
 trm □:aiid. The cases rest upon a statutory inter- 
 jTitsunoa (3). 
 
 ninire are conflicting decisions upon the point 
 JiiSiiH Caited States Courts (4). 
 
 litl is *aid that the index is not designed for tbe^^**^'^ 
 
 n -^we Lawri.' v. Rathhurn, iW U. C. R. 2'>5, and Mutual Lif«> 
 liR. :.!. V Drake, I Al.lxitt (NY.) N. C. 38. 
 
 tU limwn V Canington, l(i Ohio, 5-18 ; Curtis v. Lyman. 'M 
 
 (H ("iirtiH V. Lyman supra ; BJKhop v. Schneider, 46 Mo., 472. 
 •a Rxmny V. McCarty, 15 Iowa, 610 ; Miller v. Bradford, 12 
 
 ihJ 
 
pim 
 
 18 
 
 of the 
 pabiii:. 
 
 HOOKS OF OKFICE. 
 
 itmmr. w. 
 
 pi»rtv in- 
 irirjjii l>y 
 error m 
 
 Also Jin 
 alph.ilii'ti- 
 «;kl ia<iex 
 of naiiit'S 
 for f>iii-h 
 locality. 
 
 Object of 
 kkUiadex, 
 
 Omi.ssion 
 to in.lex 
 an lU'tru- 
 nifnt ilcii'- 
 n-H atft'ct 
 its ret;is- 
 tratiou. 
 
 l>n)t((ti<)n of the party xNliose instruTDrmtJ is 
 r<.-;;istfr"(l, l)iit for the convenience of tbt- |"rj,&ilic 
 lU'sirin,!^ to scardi for rcj^'istrations. nni ikt^ti ?«> 
 f;ir from it foriniiifr part of the r^corJ. il Ti,--r-'iv. 
 as its nanic imlicates, points the way tbtrHti> Il 
 
 A person prijndiced or injured liy any^ijuBr-siou 
 in the indi'X is, of conrse, entitled t'> hrm^ an 
 action a;,'aiust the llegistrar for damages smia.iii!n:HJ 
 owin;4 to siudi omission l'2',. 
 
 The Jii'j^Mstrar is lial)le to damages ottAsi )n:ed 
 by errors in tiie index (iJ.) 
 
 :!1. I'",vriv I'li'^ristrar sliall also, for oach Ti'-w-i"iijj'- *~Let, 
 Town, mill ini'or|)onitc<l Villiit;t', kci')) nn AlpbuliVjouil Im^x <>( 
 11 iiiio, I'xliiliitiriK ill I'oluiuiis tlii' mmilifr .'f fttcii urtSruat^nt. 
 tile iiiimrs of tlic (lilTi'i-fiit Ki'iii'loi'^. ii'i'l t}H- ujunrtf ■•;■? th* 
 {.'iMiitft'S. iii'conliiij; to tile foiiii of Sulii'duic N loiiai A'rti. 5E V. 
 c. -JO, s. :il. 
 
 The Abstract Index being arranged uiji-r the 
 enumeration of the several lots or jiarctj^. : larid, 
 thus enabling a person en(iuiring into> •".■:- title 
 affecting any particular lot to prosecute fe search, 
 this section enal)Ies him, on the c»tb^r liaal. to 
 ascertain if any particiibir person has disporstd of 
 or aci[uired any land; and, if such be tJat- 05.^. the 
 number of the instrument, by which iL-e imc^fer 
 is made, be'ing noted opposite such namr. irfiiJibles 
 the en(piirt!r to ascertain the particulars. 
 
 Omission to make the proper entry rrliSrng to 
 an instrument in this Index does not inraii.liific the 
 registration of such in.^trument. Lrvriir r. Rath- 
 liini ct III,, U) is an instructive case upon Jiil? p«)int. 
 In that case, which was an action of • jeeim-rat. the 
 plaintiil" claimed Lot '25 under a det-i i.* ;ii tlie 
 heirs-at-law of S.,the patentee, which ■aar tiit>.-ui:ed 
 in 1875. Tile defendants claimed uudtra i^d fiom 
 
 (5) Jones on Moitt;ngt's, § 553. 
 
 {•>) HfUiisoii V. Uri'Kii, -JO U. C. R . at jt 3SCI 
 
 (3) Milt. Lifi- Ins. Co V. Drake ; 1 Abbott (S Y j X. C. 3*. 
 
 ID ai^U.C. K , '2r,ii. 
 
 3.V 
 
 M-t.-, 
 
 Abstriil 
 
 I 
 
 i 
 
CHAP. V. 
 
 ALHHABKTU -U. INDEX. 
 
 79 
 
 S., (liitod and rofzistert-d in Ift^T. I'Ut the Registrar 
 had omitted to mention the defendant's deed in the 
 al[)li!ih ti('!il index. In con-^equ' nc»- whereof, wiien 
 tlie phiintitT infjiiired at the Kt-^'i^itry Offiet- l)efore 
 takini;; his (h.'t d, he was inf(irm.-d tluit tht- patentee 
 had made no reconveyance, H» l.i. that nnder the 
 iJi'gistry Act of ].S(»;> th»' Iit-gi»trars omission did 
 not invaUihite or (h^irive the defendant's deed of 
 its priority. 
 
 Ifarrison. (". J., remarked in this case that " it I'v""»»-ks 
 
 111 ■ I- -1 1 1 I 1 ii J. *'^ Hiirri- 
 
 vvouhl be tntimg witli common sense to hold tluitson. ("J., 
 tlio omission of such a dutv avoids a r.r'istration. '" \''*^Y"" 
 It miu'ht witli eiiuiil ])ropriety h«- arjxued that there huruttal. 
 can he no hook without an indvx. or that the omis- 
 sion to provide an in<lex proves that the hook does 
 not exist. Cases in wliich it luis heen hel I that a 
 ref,'istration defective on the face of it is in effect 
 no re.nistration. are di^tinjinishable (1). If the 
 instrument he received by th>- iJe^istrar and entered Whon in- 
 iu the registry hook and filed in the oltiee, it is tot,, i.e*^ 
 be deemed re'Mstered, ulthou<jli tliere may be some '^•''■""'•^ 
 defect to the aflidavit or other }>roc>f for ^e;^'istry (2). ed; ' 
 So, 1 think, on the same principle, the instrument 
 must be deemed registered. aUhv>u_'h the Registrar 
 or his deputy afterwards omit to index it in the 
 alphabetical index. "* * * It would be against 
 retison to hold tliat the registration is defective 
 merely l)ecause the liegistrar omits to index it or 
 mention it to persons making inquiries in reference 
 to a particular parcel of land. " 
 
 3"). Ill onlcv to make every Ind«»x iv>qaireJ by this Aet com- Indexes 
 Jilcti', it .sliall 1)0 the duty nf ejich K -)ii*lr.«r in all cast-s wlieii the to he corn- 
 Abstract or Alphabetical ludexes bare But U*n hert-tufiire kept pleted as 
 
 (1) Rohson V. Waddell. 24 U C. R., 574. Se«» Harding v. 
 Carry, 10 Jr., C. I,. K . 140 
 
 (2) Maprath v. Todd, 2t) U. C R.. S7 ; Rep. v. Registrar of 
 Middlesex, ir, Q B., 970; Joues v. Cowden. 34 U. C. R., 345 ; 
 3G, Vic. c. 17, 8. tJ. 
 
 I .1 
 i 
 
ft 
 
 80 
 
 to rrpis- 
 trutiniis 
 boforc the 
 passing of 
 this Act. 
 
 Supple- 
 nifiitul 
 effect of 
 this sec- 
 tion. 
 
 BOOKS OF OFFICE. 
 
 rcHAP. r. 
 
 Fees for 
 preparn 
 tion of .\b 
 fltract In- 
 dex not 
 allow<'(l 
 for Alpha- 
 betical 
 Index. 
 
 Buhstantially br hrrein pro\i<ir<l, to enter all the rpBistrations 
 ftffectinu Ifnuls, wliich may have heen recor'led hcfore the piissin^ 
 of this Act, in the same innnneraml in the like hooks as providtid 
 in the thirty-third and thirty-fourth sections uf this Act. 31 V., 
 c. 20, 8, 32. 
 
 This section is morfly suppltmcntal to sections 
 twenty-live and thirty-three (utte, and is designed 
 to make tlie indexes complete. The Registry Act of 
 IHG') (1 ) not providing for the payment hy a City, in 
 whicli a s<'parate otlice had not heenestahUshed, of 
 any portion of tlie fees and allowances rendered 
 under the thirty-third section of that statute, 
 which corresponds to the present section, that 
 defect was sliortly after remedied (2). 
 
 An allowance for services undc r this section, so 
 far as work in connection with the Abstract Index 
 is concerned, is regulated by section ninety-two 
 (ss. H) jwst, but no fees are allowed for the pre- 
 paration of the Alphal)etical Index. 
 
 The plaintiff as Registrar brought an action 
 against the defendants for services rendered by him 
 under section thirty-three of the Act of 18G5, 
 similar to the present section, inter alid. prior to 
 the separation of the Counties of which he had 
 become Registrar. It was held that the defendants 
 were jointly liable to the plaintiff (!}). 
 
 (1) Sec. 70. 
 
 (2) 31, Vic. c. 10. 
 
 (3) Campbell v. Corps, of York and Peel, 26, U. C. R., fi35, H. 
 C. 27, U. C. li., 138. 
 
CHAP. VI. 1 
 
 iX. J 
 
 61 
 
 * ' 
 
 CHAPTER VI. 
 
 INSTRUMENTS THAT MAY BE KEGlSTKBED. 
 
 j53(i. Instruments wliicli iniy be re),'iutertd. 
 Si;{7, Wliiit lenses must be registered. 
 
 3(5. Subject to the provisions of the next paction, all instfri- In^tro- 
 tnents mentioned in the second sectiuu of this Act ntaj he m»-nt.i 
 registered. 31. V. c 20, s. 33. which may 
 
 The list of instruments capable of regi.stration tereti 
 Las gradually enlarged since the introduction of^'r^'l^!*! 
 the Registry Act of 17i>5, as by reference to tbfc,„,n ,^f ust 
 statutes in the Appendix wil appear. As rt-"'"*''''^" 
 marked in the notes to section two antr. the capable of 
 
 p 'jiatra- 
 tion 
 
 language employed in that section extends tb» 
 provisions of this Act to every document, whether 
 under seal or not. formal or informal, which afft cts 
 even in the slightest perceptible degree lands, or 
 interests or rights connected therewith. Th*r only 
 exception is that contained in section thirty-seven 
 post. 
 
 As has been already remarked in connection The Act 
 with section two ante, with the exception of that j,'[*^'j^t,™e- 
 particular class of leases alluded to in the fol- -'^-f^tion 
 lowing section, the statute has in contemplation -immenu 
 
 the registration of all instruments affecting lands, ""^p* 
 
 ° . tho*> re- 
 
 whether based upon a consideration or not. andfrrredto 
 
 which are in their nature or effect legal or equit- "^ ""**' * 
 
 able (1). 
 
 In addition to the provisions of the se<?ond ^"'^T^' 
 
 ^ m^ffits re- 
 
 section, there are many instruments which are-iiiredto 
 
 required to be registered under various statutory '^ '**^' 
 
 (1) Ante p. 1>; Bushell v. Bushell, 1 Sch. and L. 1*0. 100; 
 Gardiner V. Bksintou, 1 Ir. Ch , 64. ; Murphv t. L»-A4fer. 4 Ir 
 L. R., 139. 
 
i 
 
 INSTRfMEKTB TB.-.' E. ' IK IKiilHTKHKD. 
 
 "rH»P. VI, 
 
 j:i7. 
 
 toroilby cniictiiu'iits. A list (»' +iiri n-itnim-'nts is con- 
 
 Viirion- ... 
 
 BtutiitfH. tiiiiK'il in Aititfudix L ". V iiirli the reiider is 
 (I'l't'cteJ. Tlii^ liftl do'f mr tuw.-'VH.r. incladi' iiistni- 
 incnts required It I i« :•:■ ••• i uniitT those Acts 
 coiniii;^ within Ibt- dt*+iiruu"ii!a)t* private Acts, uiid 
 which no person if b.fi' ■-■■{ ')". other than those 
 innnediately inten'f-t-a. 
 
 Wliiit li'ds- ;{7 '\']\\> Act Kliuli uiii «-:n*niC "ii suiv Tfiuw for a tfrm not 
 »s must l»(i oxccfdini; sevcti vfurs. wu'rr* "tii> u*r>iiii miHi^s^ion '^nv~. ulmi^ 
 rfh'i.storeJ. with ili" lf(m<- ; Imt h nual •>n»!id ti "v«ry Imusj' for a loiij^er 
 ttTiii tliaij siVfii viarn. ."J ^ • ^i. -. 'V.K 
 
 This jtrovisidij i- in- 
 Ikidini^ Act. In tii- I'li" 
 *' actual jtossession uiu • 
 
 J'lxpres- 
 
 fiioii "ac- 
 
 timl pos- 
 
 Bcssioii 
 
 anil ocou- . . 
 
 pillion" expression was foiicv-i 
 
 ...■cMnsin ly,,- ,!,_ ^^Ijj^.Ij j^^j, .... 
 
 En;,'lisli 
 
 Acts unci Tlie words 
 
 •nr lined in the West 
 *. li'i.'+ii Ai;ts thi' words 
 inacioa " occur. This 
 :i :!ie Registry Act of 
 : j-a.-i<s at rack rent. 
 
 and (tBcuituXiiiL ' 'ivere omitted in tlie 
 Aun^f"^^ l!e<,'istry Act of 1^40 ii.. ui -Y^ia aLso the excei)ti()n 
 
 in favor of Itases oi ra-i •••iic :1 . Since tliat Act 
 no alteration haf i«f'L auuie in this rcsneet. 
 
 I7'.»r> 
 
 rent." 
 
 "Antiuc- Originallv. the taceii":;!:!! ^'infOiled to a lease not 
 cMiimtion exceeding the term i(f tw-mit? ooa years. It was 
 
 anil leases ^ _ j 
 
 at ruck 
 
 rechiced to tht t-riL ic ■Htvn.ia years as we now 
 have it hy the lieniirtrr Jti^c ot LhH.> i4i, which, as 
 if to have no douln i;jt;a 'ue point, esi)ecially 
 
 Act of 
 
 Term ori- provided that the Air -Uidiul e.Ktend to leases 
 ginally exceeding that term, -'ii^ ii'aninij of this section 
 
 21 years. . ^ ... 
 
 Reduced J^' that E tenant. niKi'i.- 1 Lease witliin the 
 
 to 7 y<^ars j-fj^tiitf, j^ eual»leu " : -r.ua priority over a 
 
 ^y ^^*'«- 1 * .Q i I ■ 1 
 
 Act of subsequent vendee or TUiCLni-teeot his lessor, even 
 
 l8Gu, though Buch vendee or mnr^iree have no know- 
 
 pressiy ex- ledge of the cxisttmct ;l lue Lease. It will he 
 
 tends the remarked that ouIt uiiiH** Lje-'iiies whose terms do 
 
 Act to 
 
 (1) Sec n. 
 
 (2) Sec. 18. 
 
 (S) " Hack rent ' is- rerci tf iiii 3iil annual value of the thing 
 demised. 
 (4) Sec. C7. 
 
h 
 
 CHAP. V1.1 
 
 »UHT rOMMEXCE. 
 
 88 
 
 le 
 
 a 
 
 en 
 
 not exct'cd sfT-- ^ '-■ur*. whu.'h are accoiniiaiiicd liv •'"""• '"^ 
 
 , - ..." l«>ii;.Mr 
 
 artiiiil JKlKnt■^^y i i*- -trmpt from r<'<;istratioii m t.nns. 
 
 order tn rctu l ;•• 
 
 by actual i» >-^ •- 
 
 to preserve ] • • 
 
 tbe duralictu cf : 
 
 lu noti'.'jnr' lb* 1 
 
 this section "«> a^ 
 
 affecting 
 
 •-. A I'ase iinarcoiiipaiiied '"''''"■' ''' 
 
 » • < A' inp- 
 
 .-: be r^-;4istered in order ti.n 
 
 1 -.1 i 1 4 Acftiiil 
 
 -r^nndtr. without rc<,'aril to |,„^^,.^,j„n 
 i miifd tljerel)V. "'"-* '"■ 
 
 ... ," , f(>IIl]>UllV 
 
 .- it-ci:'ions rendered npon i,.ii-»> un- 
 .- !-r in their order those t,T," •'''■ 
 
 All Icasfg 
 must be 
 r<';.'i-;tfrfii 
 
 I. The cr^aiaai maA ei>mmencemeut of the term if n'tnui 
 uuder Vbt ♦auKption. d....^ n..t 
 
 il. Th'.^ <f-i -^ ^Tt.*n.-»ion of such term l)v «'."''","« 
 ac-'uu :■ ^-Tfiil or covenant to renew. 
 
 III. Ejuitai']* i.-im.-4- 
 
 IV. TeriD' ' ■ ,• In/ufiiro. 
 
 V. Assi^TDiU'--* 
 
 of Ifcatitrfe. 
 
 VI. Effw-t c.f 'yr--- 
 
 (juiriur : ." -' 
 
 VII. Nature •.::.- 
 fjoiii': ! J.'! s T 
 
 t'lussitica- 
 ti')ii of 
 (U'cisious. 
 
 -:i.-!tt*: including registration 
 
 unregistered lease re- 
 n. 
 
 "aettial possession 
 
 .. rhr I-ase." 
 
 VIII. When Jt*i4Tti- ^..<: 1. 1 lie in possession, and 
 
 IX. Duratif'Tj ..i .■-■•':. ri.--.~:,-^i.)n. 
 
 I. The crealj •_ i^: ; '.rim ucenient of excepted , 
 
 ■^ nml eom- 
 
 nif'iico- 
 l 'zi i^ven years" must bel'""'''^ 
 T the lease. 
 
 Crrntion 
 
 term. 
 
 The "term U'-: tI 
 a term aetuallj vr-r-.i 
 
 From the t'uoi :■: 
 point, it is cl«a,rjv -. :: 
 must commecee &:■-_ ■: 
 the lease. 
 
 term. 
 Must be 
 
 bearing upon tho'::;^::^ 
 
 deiiuced that the term ^ "i"- 
 : dace of the maknig ot f,„in date 
 
 of making 
 
 II. Effect of en'rctr.-a. of term by actual renewal Kff.t-t of 
 or coveDuii "o r-n.rw. 
 
 If the term, in i*f •:• r.z.u creation, do not exceed 
 seven j^ears, an tr:.tci:iu:a of such term beyond 
 that period by a r^UH'ViJ. will not have the effect of Renewal 
 
 m 
 
 1 1 i 
 
vwr 
 
 •I- 
 
 b4 
 
 of term 
 
 iirmiLUilh 
 
 Wltlllll (I> 
 OI«)lll<)Ii 
 
 (liMu not 
 hriiir II 
 
 HutuK 
 
 Nor d<Ht»- 
 covenan! 
 tn rt'no» 
 ill hki 
 
 rUKNTH THAT UAV UK UKUIKTKUKI'. 
 
 < lur Ti. 
 
 . vn. 
 
 aiuiiii; the lease to be without tho oxcrption of 
 lit" ^luuti*. providcil actual poHscHsion lurcuiu- 
 fjuia-:> r.Utj Idu.si' duriii'; tlic ori^'irial ttrui rr* ati-d 
 itfrrny muI tlic rt-iuwal tlicrcof. Nor docs a 
 t"»»jjttut oiiutauicd \u a Icuho to renew tlie term 
 tii«rr-hy dbraiuud affect Huch lease under this sec- 
 inn. L'nor to the reduction of the toriii from 
 tiN'iitv-»iio y(Mirs to H(;v«'n years, A. demised to H. 
 am; I'!, tor fourteen years, covcnaiitinj,' in the lease 
 ti T-nf\T lit the expiry of that period for a further 
 "tern i!" fourteen years, utih-ss ho, A., should 
 litum to pay f')r the iniprovciiu'nts made hy IJ. 
 r«iiki((. iipon the demised preiuiseH during; the first 
 :Jrtrra. Hiis ItMise was rej^istered, and subsequently 
 imni^ett au to part of the demised premises, but 
 *ii4)i lUisi^nee did not rej^ister. C. devised his 
 nn-rr-r^t in tlie premises and lease to 15., who, 
 «iii«-au'ntly to the assi^^'nmcnt, mortgaged the 
 iwhiit! j)reiuiscs to tho plaintifTs. This mortgage 
 mmr luiy registered, it was held, that the coven- 
 :fiiti ;'or iTiiewal did not extend the term so as to 
 tinui^ the lease within tho Uegistry Act of 1840, 
 ttiioL in force, and that the mortgage to the 
 jnamiifs nouid not affect tho part assigned (1). 
 Ji'i mtit (Contended for the plaintiffs that the coven- 
 juroi renew the hrst term practically converted 
 "til* ifcase mto an erpiitable demise for twenty-eight 
 yjaaiVi .-Hiijject to termination at the end of fourteen 
 ^fiaaiK at the option of the lessor; however, the 
 grnvTiMona contained in the lease, so far as they 
 T«iatttl to the second term, were construed as 
 januunting only to a covenant to renew, and not 
 !la' ii«ibsisting lease (2). Burns J., in his judg- 
 nu:(m; remarks, " No present term was created 
 
 n D<H< i. Kinf,'ston, B. S , v. Rainsford. 10 U. C. B., 236. 
 H Set) Rvoiu V. ThomaB, Cro. Jac, 172. 
 
1 
 
 iHAV. Tf. 1 
 
 yjfi. J 
 
 COVE!«ANT TO RKNEW I.EAHR. 
 
 H6 
 
 beyond finirtcjon ytiu-s In* tlio lease, atnl tliiit. if a 
 Hccotid term of fotutiH'ii yciirs wiirt to exist, it must bo 
 bvu new instrument to l)e executed Ix-twcen the par- 
 tifS. W it bout a new b'tiS'Tortbestrondttrni ot lour- 
 t»i'n years, tin- party cbiimiti',' llic estate imb r tbo 
 prentnt instruintiit woubl bav«' no U-^^al title; ami 
 witliout Hueli new lease, tbe premiH«'s would not bo 
 atT'cted in law in anywise. * ' ' W battbelej^'- 
 i.slature meant clearly was a h'lful tnni, les.^ than 
 twenty-one years; and Ik re in tliis lease is no lej^al 
 term beyond fourteen years." 
 
 A least! id' laml f'tr four vears, with (;ovonnnt to^'"*'"'' ' 
 
 til Mill W 
 
 renew lor four VMirs m -re, was held not to r(i|uireiiot 
 registration, actual p(»>seiHion havinj^ ;^'ont i^l'>ll^' j',',|l'||','|'^'^j^, 
 witli tlu. leiiSL . 'the covenant for renewal, as between in/uinro. 
 tile l.'sseo and subHeijuent mort^'a;^ees of the lessor, 
 for such further term not beinj,' re^'arded as a leiisu 
 to coiiiuic lice /';/ I'lihiiii, iiiit as an extension i>f (he 
 uri^'iuai t ■nil ( 1 ). 
 
 ••That "actual possession {i^oeth alonj; with llie" A<»'>nl 
 lease,' can, 1 think, have only one nieaiiiiif,', aiul s'i'.ui '^docR 
 
 cannot exteiul to a lease to commence at a future""',''"''''!'^ 
 
 ti) Iciiso in 
 
 day, under which no poi es.^ion can as yet be /'/.'up*. 
 goinj,'" ['!). 
 
 If a lease cDiiiaiii a tnt'n'>i (iiKitwn covenant for ''"'''■" 
 rem-wal it is not withiu the exception of this sec- coviuunt. 
 tionCJ). 
 
 Where A. bein^ a sub-tenant, under a lens.' for 
 fijurteeii years, with a tntii'H <ini>t\f.-i covenant for 
 renewal, demised for fourtien years, with a like 
 C')venant by an unre^^'istered deed, and afterwards 
 assigned his interest to a jmrchaser for value h_,' a 
 re,L,'istered di^ed ; it was held, that the purchaser, 
 
 ill Latfh V. l^rit-ht. If,, (ir. ^•,:,^. 
 
 rJ) Diiviilsoii V. McKay, 2fi U.C. U.. pipi' ;U1, per Hafjaity, J. 
 
 (o) Drew VH. IjokI Noiljury, 3, J. Jt L 'Hu. 
 
,1 
 
 y^ 
 
 i' 
 
 8G 
 
 INSTRUMENTS THAT MAY BE REUISTERED. 
 
 ""CHAP. VI. 
 
 L §;J7 
 
 having no notice of the unregistered deed, was not 
 hound hy the covenant to renew contained in it, as 
 it was not a lease coming within the statutory 
 exception (1). 
 K^'istia- It ^vas decided under stat. (5. Anne, c. 2, that 
 
 tioii (loos 
 
 notixt.iul a h'ssee cannot maintain an action at hiw for 
 tirromw ^^'•^'^^^^ *^f covenant for renewal contained in a 
 i)ryi)n.i its registered lease, against the assignee of the rev- 
 iiuiHJit. ersion, as assignee of the covenants under a deed 
 executed i)rior to tlie hase, hut suhsecjuently 
 registered; the registration of the deed not extend- 
 ing tile covenant therein heyoud their original 
 import 1 2). Dut it has heen held, in a ca.Mj under 
 the liegistry Act of New iJrnnswiek, tliat a coven- 
 ant to renew is not merely personal ; that it 
 relates to the land, and cousetpiently hinds the 
 lessor's assignee iH). 
 111. Kquitahle Terms. 
 F,(|nit.ibio Jupiitahle terms are within the statutory cxcop- 
 Witiiin tion. In Latch v. lirigiit * i) it is said, " What the 
 iiii'finmg r.j;,^t;,if^, evideutlv meant to exceiit was a term not 
 
 III tlic ■ '■ 
 
 statute, exceeding twenty-one yearns, accompani('d with 
 possession ; whether a legal or an e(piitahle term 
 could make no difference, eitlier as affecting the 
 purchaser, or as to the extent or value of the 
 interest. If an equitahle term is not witiiiu the 
 exception, this anonnily will follow — that an ecpiit- 
 ahie term for four years re([uires registration, 
 while a legal term for twenty-one years does not. 
 I see nothing in the act to exclude an eepiitahle 
 term from the exception, but much to lead to the 
 conclusion that all interests, as well equitahle as 
 
 (1) (nuik V. Aimstroiif.', l(t Ir.. ('. L. R., ^IV.^. 
 
 (2) ('liiiii(U)s V. I'.nAvnlow. "J Killt.'. P. ('. 815. 
 
 (:i) Iiviii V. SiiniiiiilH. C, All.n (N 1!.). I'M, see Diew^vs. Lord 
 Noi'lmrv, ',\ J. iV L., 2(57. 
 
 (•1) 10 Ur., 053. See remarks oi Burns J., page 85 ante. 
 
he 
 ho 
 ;he 
 
 lit- 
 
 lot. 
 
 (HAP. VI.] 
 
 Sa7. J 
 
 LE.%SK IN KUTVRO. 
 
 87 
 
 Loril 
 
 legal, were inteiicUfl to le placed upon the same 
 footing" (1). 
 
 IV. Leases in futuro. Lonso in 
 
 ... futuro 
 
 A lease m jatu)'/ clots not come within the Act,'Noi\vitliin 
 as actual possession cannot go along with it. ^'i !;'t'|tuto 
 Latch V. l-Jright, Spra^'gt-, V.C., siiys " In the eye 
 of the Court ol lOiuitv a tiriii wiis creatt'd for -^^ '"■*"'"' 
 
 ' ■• , , possession 
 
 eight years, — absolute for the first four, but defeas- tuimotKo 
 iblc u[)ou a contingency at its expiration." niongwit 
 
 A teiia.it having po-'^^session under a current i.. use ui 
 lease, whitdi is his onlv title, cannot set un such"""'", , 
 possession a^ sustiiuing a li'ast.' for a terui to i>i<it.ct((l 
 coainiencu //? f'utnni, and thus bring it under the Ji'',„',",'|'iiil<'r 
 exception contaiiKid in the statute; for such nos- " '■'"''^'"'^ 
 
 • 1 • 1 1 l<'»si'. 
 
 session caun it i>e said to " go along with the 
 lease" under which no right of entry or possession 
 has arisen rl^ " The actual possession going 
 along with the It-a^e." can, 1 think, have only one 
 meaning, and cannot extend to a lease to com- 
 mence at a future day. under which no possession 
 can as yet be going \'6i." 
 
 V. Assignment of lease-? and efl'ect of registration. Assi^'u- 
 
 It has been doubted whether ussigninents ofi,.,is(s' 
 
 leases comini:: within t'.ie exception should not','"''','!, 
 
 . Hii^'lisli 
 
 bo registered (4 1. It was decided, under the Act nml Ir.sh 
 (), Anne, c. "io,- s. 11, excepting leases under twenty- '^**''' 
 one years, ii accorapanietl by actual jiossession, nwut of 
 that an assignm nt of such a lease did not come !''"f,*"^^ '''*'" 
 
 '^ _ 111 tlu.' cx- 
 
 witliin the exception, and must, therefore, be fiptionure 
 registered (.)). toi.en.g- 
 
 Where a lease for less than twenty-one years '^^'■I'l'^l- 
 was assigned by way of mortgage for a valuable 
 
 (1) II. . p fi-^.j. 
 
 (•_>l Diivi.Unn V. MrKav. 2fi T'. C. R., .Kir). 
 
 (:<i III . ]> :\U. i>.r If i-'iirtv .1. 
 
 (4| Fury v. Smi'li. 1 lln.l & Bin., II. ajip. 73,". 
 
 ('.I FUmin/v. Neville, Hayos, 23. 
 
 T 
 
 W'm 
 
 : i. 
 
 '!| 
 
 
 '\ 
 
 li 
 M 
 
 n 
 
o™ 
 
 But do not 
 
 require 
 ri!!j;istni- 
 tion iiijilcr 
 our lirt,'is- 
 try Act. 
 Eff 'Ct of 
 
 fiiiry r<VL;is- 
 tr;ition of 
 a lease 
 within the 
 Act. 
 
 Rffjistrn- 
 tiou of an 
 as.si^;n- 
 ni'jnt of 
 liiisc is 
 not in 
 olT.'ct ii 
 re -ri it ra- 
 tion of tll(> 
 Iciisc. 
 
 Non -r.'^,'i'<- 
 tnilion of 
 a liMse 
 renuirinr' 
 
 INSTRUMENTS THAT MAY BE REGISTEBED. F^^*!; ^• 
 
 consideration, the registry of the lease and the 
 assif:;nment was considered necessary under the 
 En^^lisii Act, the possession and occupation (men- 
 tioned conjointly in that Act) heing severed (1). 
 
 But it has been held, under our Act, that where 
 tlje original lease comes within the Statute, and 
 does not, therefore, require registration, an assign- 
 ment thereof need not be registered (2). 
 
 It has been decided in the Irish Courts that, 
 although leases coming within the above section 
 are exem[)t from registration, yet, if registered, 
 they will not be excluded from the bi'uelit of prior 
 registration as a:^ainst instruments subserpiently 
 registered {'•]), while the contrary oi)inion hasl)een 
 expressed by Burns J. in the case of Doe d. Kings- 
 ton B. S. V. Bainsford (4l, where he says, "I'arties 
 cannot, by their voluntary act of registry, in cases 
 to which the act does not extend, draw to their acts 
 the conse(pienccs [)rovided b}' the legislature for 
 another state of things (5). 
 
 The registration of an assignment of a lease, 
 although the assignment recites the lease, does 
 not amount to a proper registration of such lease 
 ((5), upon the prin(!iple tliat every deed under 
 which a party claims must be registered, otherwise 
 a purchaser cannot have notice of it." 
 
 Although a lease re(piiring registration under 
 this section is neglected to be registered, whereby 
 a subse([uent instrument obtains priority, the lease 
 
 (1| KiA'AP, p. 88, IJ.iili y V. Fornior, 9 Pficc, 202, J31ytlie\voocl's 
 Conv., IJ Ell., Vol. y, p. TjIU. 
 
 (2) Doc a. Kinjxston, 15. S., v. Uiiinsfortl, 10 U. C. R., 241, per 
 Hums J. 
 
 (Ii) T.illiot V. (jilmartin, :J Ir. Jur. 0. S., 171. (Lufroy B. dis- 
 Biuitii ntt ). 
 
 (1) Supni. 
 
 {-,} llj., J). 212. 
 
 (ti) Honv'ycomb V. WalJron, 2 St., 10(51. Williams v. Sorell, 
 4 Ves., i{8'J. 
 
 As 
 
 exceed 
 "f seve 
 
 iiotict 
 
 fion. 
 
 eaniK 
 
 pui-cli 
 
 of sue 
 
 ti;il (() 
 
 the (v 
 
 declnrt 
 
 't mei 
 
 as evc 
 
 or not 
 
 rolie,. 
 
 ;t/iy of)i 
 
 iii'U. 
 
 t]ie rstii 
 
 if id i)i)i 
 
 lit 11, ..1 
 • -'I Div 
 
 I... S2-(; li 
 
 {■i) 'fayJ 
 7 
 
NoJICK OF irNKKiilSTKliKl) I.KASK, 
 
 89 
 
 per 
 diH- 
 
 
 not he ;iV01( 
 
 1..1. 
 
 its 1)1' 
 
 twi 
 
 (■I'll till' lessor 
 
 and tl 
 
 10 
 
 r.'Si-itiA- 
 tiiui uuli-r 
 
 ssec, to ;lliv <ll'i.att'l' (.'Xtdit tlliUi ihc absiiUT, of a tlii-' A(.-t 
 
 vej^istratioii of a dwd would I'i-udiT iIr' dei'd valid 
 
 (l<.c^ l:i't 
 
 11 If. 
 
 i-t til.. 
 
 Ill 
 
 tcr p 'lic.-i. Siicli h.'aso is lu.r.ly jiostpoiU'i'i with '''■'^" '"''■'' 
 
 Vfsjirct to a sii))so(jiU'nt [uircliascr or im-iiiii- 
 I'rani-rT fur va'iU', without iioticL', who lir.st places 
 his iusi I'liiiii'iit u[joii r./.^istry ili. 
 
 ii'irli'n. 
 
 An iii.-ti'uuiciii r -utni'iiiiLf a c'o\en;-.nt iov rcii.'wal, ''"^■'•"I'-'ii 
 
 II w 
 
 crister.'d, will 
 
 to IClll'W 
 
 ]'iircIius<T. (■ .r vaiu 
 
 (■ !:ii 
 
 lUillll,' Mjiol! ;l SUl)Se']Ueut i.in.lii;.' if 
 
 k'iis.' be 
 iT'^i^tfiii'l. 
 
 \\. Mil'', ct of notice of unref^ist' r.'d lea-^r rcipiir- N"i"- "f 
 
 in,T[ r<';'istration. 
 
 uiir.v,!^- 
 i I- 
 
 lease. 
 
 As tui.' Act oxtrnds to al! leases for terms h. us saui 
 
 CXOL'e 
 
 ^din 
 
 " sovou Vein's, alio a! 
 
 I lO jf.1 
 
 Ses IVtr r;ri; 
 
 ff-ct 
 iititi 
 
 I'f seven V'.Mrs ani'. diiiha', nnless "• actual ])ossi. s-any ,.tlit.r 
 sioii" ;_^oetii aloii;^ iherewilli. it fo!!^i\\s, liiat as 
 
 il iii- 
 
 iiotice under tiu- Act su])i)!ies tiie w. t (A i'i\i:i.stra- ^trrau.-nt. 
 tion. the ahsence of rc^'istration oi siudi least's 
 cannot he taken a:ivantc.f,n' of i<y any sui>.se<|ueut 
 purchase r or iuortgaf^e(\ v/itli noti-'C of the existence 
 of sueh lejis'.'. The' Act, does not r> nder il essen- 
 
 ilal to 
 
 alidi 
 
 il 
 
 as 's not contain. '.1 wiiliiu 
 ;he excepcion tiiat they sliouid he regist(.re.d, nor 
 
 terod. 
 
 O'Cia 
 
 re tiiat thi'Y should iu vi 
 
 It ni.reiy [ilac-. 
 
 s sue 
 
 h I 
 
 eiises 
 
 in tl 
 
 not iC^ii» 
 
 K sauie cale'';orv 
 
 as i- 
 
 verv other mstruiui'iit uliu-ii mav he ret; 
 
 dered 
 
 or not : and tlie ^atue nils 
 
 \i' 
 
 o t'le eli'ct ui 
 
 notic 
 
 ei(. 
 
 t( 
 
 appl} with I q 
 
 ual loree to 
 
 a^es, a' 
 
 ^> Hiii.l-^ 
 
 ail 
 
 \- other (dass of iii'drniamt- 
 
 capa 
 
 hi. 'u' re'j;istra-l""t.vl'.iv 
 
 lilt' -'jcli 
 
 luitice. 
 
 lion. A [lurcliastr, liein;;' inforoed that a. part of 
 the estate was in the pohse.-sion of a /< /e////. was 
 
 III I 
 
 1 hound hv the lease {'il). 
 
 1 1 Ho.l: .m V. Slciriie, HI l",iist, 
 
 I.) 
 
 row V. 
 
 N..11.U1V, ;i J. .'^ 1... -iOT : Mill V, Hill, ;i H. of 
 
 ]... S'JS : Irviu V. SiuiDiitlrf, r> AUi ii iN. B.i. I'.MI. 
 
 eii 
 
 5| 'ravlor V. Stililiert, '2 Vt-s. i:t7. 
 
 t 
 
k 
 
 m 
 
 INSTIUMENTS THAT MAY HE RKGISTERED. 
 
 L' 
 
 CHAP. VI. 
 
 §:I7 
 
 ■M 
 
 to 1('(1><0S 
 
 is notice 
 
 tllCTL'of. 
 
 Recitnl in \_ ]easc(l lands to plpintiff for tweiitj'-ono years, 
 anceof and afterwards conveyed tlio same lands niter alia 
 reversion ^^^ jj |,^, ^■^^,^,^^ ^^.jii^,}, recited that the " same was 
 
 tliat s.iine 
 
 isstihj((!t under lease to the plaintiff, which lease is not yet ( 
 exi)ire(l." B. conveyed the land to defendant. 
 ]^>oth li.'s deed and the defendant's deed were 
 re<,'istered hefore the lease to the phiintitY. Held, 
 {(I) that B. was only a purchaser of the reversion- 
 ary inten^st in the premises demised, and the lease 
 was therefore not void, as a;j;ainst him, under the 
 llep;istry Act, — ij)) that as 13. was not a suh.sequent 
 purchaser of the land leased, he could not, h\' con- 
 veying to the defendant, give him a lietter title 
 than he, B., himself had, — (c) that though the lease 
 w^ould have heen void, as against a suhsequent 
 purchaser from A. for value under a registered 
 deed, A. could not, by conveying to a third person 
 expressl}' subject to the lease, place such person 
 in the same position as the law had placed A. as 
 the general owner (1). 
 
 It has been held in England, that the possession 
 of a tenant, even of part of the estate, is notice to 
 notico of a purchaser of the actual interest he may have. 
 est eitiior either as tenant, or further, by an agreement to 
 as tenant purchase (2). But such possession will not be 
 
 or other- . . , . ^ . _, 
 
 wise. notice ni this Province (3). 
 
 Stchiar ^'11- ^'ature of the phrase " actual possession 
 possession going along with the lease." 
 
 going . . 
 
 along with The "possession," within the meaning of the 
 the lease. ^^^ ^^^^ j^^ " actual " as distinguished from 
 
 Possession . 
 
 must be "nominal" or "constructive." A possession by 
 "actual. j,g(,(3ipj; q( j.QYii is not an actual possession, and 
 
 inal" or (^) Downes v. Gordon, 5 Allen (N.B.), 174 ; See Rice v. O'Cou- 
 "construc nor, 11 Ir. Ch. Rep., 510 app. ; also 12 Ir. Ch. R., 424. 
 ti^e •■ (2) Daniels v. Davidson, 16 Ves., 249 ; Powell v. DUlon, 2 Ball 
 
 and B., 416 ; Crofton v. Ormsby, 2 Sch. & Lef , 582. 
 (3) See notes to Section 74, pott. 
 
 Posses- 
 sion of 
 tenant is 
 
 I(i !l 
 
iTHjVP. VI.' 
 
 WHEN LESSEE SHOULD DE IN POSSESSION. 
 
 ,, 1 111" lauur. 
 
 -hiioUiU. IJtt 
 
 ffllHT-':! fore not within the statute (1). Tlie excel t-^'«8>*8ion. 
 Guiadoes not apply to cases ot more legal possessioii oi pm; 
 ft^^ receipt of rents. Init to sucli a possession oulv"''' , 
 ;IH- \st ;iccompanie(I by a dc facto possession, lieeaust- i"-»s*«- 
 t&la ol)je(;t of the Act being to guard against secret ,''_*' 
 iiitaveyaact-s, a visible o('fU[)ation is not within the tiou 
 auhr^'iiief. but is a substitut»"lV)r registration ; wherem- 1^^'^^. 
 !it;Kii possession only, may be entirely unknown (2}. Hitti.jm 
 Dr: Inii* been held tliat it nnist amount to such an /^"^ 
 ;it?cuptition of the land and i)remises as the ht'udj' 1*^0^"* 
 ■IE x family usually enjoys (.8). 
 ai)t4>rious (4). lioiOTonsi. 
 
 '^n. When lessee should be in posBession. Wet^ 
 
 T>j l)ring a lease within the exception of the u^ v-'sea- 
 Air,. irt, Geo. III. (New Brunswick Statutes), cuj). "***^' 
 4l. *^ IH, (and containing a similar exception inK.^-,jj^ 
 liK<or ot leases under three years if acconi])auied '^ *'''*'^ 
 
 , , ■ , . . . rein itiLl 
 
 dw- actual possession and occupation), it is iitrt oxv«iu.il 
 iKc-HHarv that the execution of the lease and the !^' ''^^- ,. 
 Aiuiaig posstssion of the land should be exactly i^tikK^i *. 
 ^ruuiurrent acts (5). Chipman, C. J., in his judg-^f^t;*:^^ 
 Jii-^at;, observes, "I think the view taken of thifc^'^™- 
 iMiut; by the learned judge at the trial wafc 
 mdoubtedly correct, namely, that it was a matter 
 iir die jury to determine whether, in fact, the 
 jtihh+r'HHion had gone with the lease, and that it was 
 +iuiicieut to satisfy the Act if possession followed Ocaipa 
 -ziii .ixticution of the lease within a reasonable time, oftlifl^ 
 1: lc were held that the execution of the lease and 
 iiit taJiing of the possession under it should be 
 uiwiiuteiv at the same instant of time, it is obvious 
 
 n P'lrv V. Smith, 1 Hud. &.Brook, 2 app, 735. 
 
 OJ -iiiHdRn V. & P., 11 Ed., 98. 
 
 ill Dfw i. Kingston. B. S., v. Rainsford, 10, U. C. R.. 2(>4. 
 
 <« iiitiieriand v. Walker, 1 Kerr (N.B.), 141, per Cliipman, 
 
 (fi iiuheriand vs, Walker, 1 Kerr (N.B.), 141. 
 
9i 
 
 INSllir.MKNTS THAT M\\ UK l{E<.l>T).iaa>. 
 
 
 that to Kiivc tht> -tiitiit ■, c-verv k-asc- uasiat b« 
 
 excL'utc'd U[)())i the litiid. T'le oiijci.^t •.■>f tii:^ i>r«>- 
 
 visiou of the lii \v cvidmtlv is t^ invalitiitt •?«eii'-rtt 
 
 U*asfs, tiiul toi'Li[uiii.' a luitdrions ofCUj>alkiiiii. wLl'cIi 
 
 shall bf e(juiYal"iit to re.LMslry, aud tLv Ar6 Etiost 
 
 liavo a i'cast.'Uable cun^ii iu*lit)n with a Tit's S«i> tki* 
 
 object. ■' 
 
 Tenant I'ht* Uiuuit niMst hiivc the '* actual i»c»2i*es>?iA>ii'' 
 
 in'tbu-ciidi ^^ '^'"-' tiiiiL' ol the (■>; L-uriou ol' tile rej.;ist!r2"rJ E8ii.:?5ra- 
 
 P'.'"'^'- ■"*'"" Uie at which siH-ks to di.->nhice. the ]ease, '^lii-iraiae 
 
 LJj.Tui m-tliL' leas(^ will bt.' [)o.snioui'd. ]a au aetioa <;»f ej-rct- 
 
 scruuimt ^^^^.^^^ ^l^^. i.^iiatill J.-l-tiui'.ii tiiroUilU a IQ'O'int^J.'i^e 
 
 .E>nl.ir.- tVoiM !)., datfd ;Ust ^lav, and iv^ibttTc-i -JrJ. itmtf. 
 
 fauiu i.- ex 
 ec:itfil 
 
 I>iuation 
 of posses- 
 sion. 
 
 18iii. I '.•i'.'iiibiitt ii.id ii.ld a lea^f frr«*ii S. for 
 tivf vears li'oiii the I'.uh .'\[a'i!, If^Ol. aB'l "^LiL-e is 
 wai t.'iiricnt. and btl'tirf tiie execution xif tie iii'>rC- 
 ga^'e. he obiaiii'd another lease for foir 5<rar-i, 
 comiuencin.ij: to run Ironi tiie l^.ll Aj'riJ. l'^'>. 
 Neither lease was i'e;j;istered, but d ri'ri>vi!aii;i. -arko 
 had eontinui il in [lossessioi), claimed laL^ctthe 
 j)r<'niises un ler the latter lease, as beiiae a leiiae 
 lor less than twenty-nnc years " whert:' thr acunl 
 l)ossesHion goeth alon.u' witii the Ica^e." la-l siie-re- 
 i'nre not rei]uivin;^' i\ ;j;istry nn L r tli-e A^t iLea m 
 force. Ir wa.^ iieid. hi.)wever, that 111* fiiifeji-Si'va 
 in the Act extmded only to unrej:i5ter'.-»l l-ra^c-i. 
 under which the tenant had actual p'-sr-t-^i^ftja st 
 the linu' of the execution of the conveyaE-e^. '.TFueh. 
 being registered, would prevail but ioilhM excep- 
 tion : and that, as the defeudant was ihi-n ht p<>s- 
 session und<r the first lease only, tii-e .■5«tft>ad 
 being unregistered had lost its priority ■( 1.4. 
 
 IX. Duration of the actual possessionL 
 
 The expression "goeth along'" implit;* ;ii»6 tiie 
 
 (l) Diiviasuii V. McJvuy, 2ij U. C. R., SLHl. 
 
 is pi 
 
 shul 
 
 exce 
 
 post] 
 
 men 
 
 ahva 
 
I^^lll 
 
 
 < HAP. VI. i 
 
 r-n. 1 
 
 I'OSSi:ssK.N •;!!Ori.I> tr C "NTINf 'fifS. 
 
 possession slinu 
 
 .11. 
 
 cnntiiiUou«. If A., a tf-nant to 
 
 I!, iiniii 1- iiii uiirt'psttrt'l lease for jx t.-nn !• 
 tliim s'Vcu _vriir>. iMi.l in nctna! pos.^e.ssinn i-f thi' 
 i\< niiscd ])nni!'-t s. sliould 'hiri'12 tlu- ttrin <liso(in- 
 ti'.iiii' siicli ;ictu;il jiiis'-rpci/iii. nltliMu^'li ontinninj:; 
 to |inyicnt to !>.. it i*^ snl nuttt-.! thni V>. cuid 
 coiivcV tlif iiri'iui-es t(t C.. a i»iii'ch:i.*f'r for value 
 witlicMit notici' of A."s tf-i:an<-y. anil ir.nt in that 
 crisc ('.. liv rt 'jisterinn liis «li-«'il, conitl r- taiii 
 
 98 
 
 Sh'.uM be 
 coiitinu- 
 
 OUS. 
 
 .,« 
 
 pv 
 
 larM V ov. 
 
 A, 
 
 (jii(fr<\ would :in nnivpstereJ lease for a term 
 (•\c( {'dinif s.'vcii V. rir.s he hfhl valift sijjainst a snh- 
 H'Tpicni i\-;j;ist'r(.'d insfnunvnt for the first «fvcn 
 yenvs, ])i'ovid.('d iK-tnal 
 alon<j: \vitli such lease"? 1; 
 
 r.o>se>sion al\vav< 
 
 went 
 ;ul)mittt-.i that it 
 could not prevail aL-ainst a party clainiin.L,' under 
 a suiise(in( lit re,L,'isttre.i in.stninieiit, without notice 
 of sueh lease, as the lattt-r clause of the section 
 makes express mention ot leases for a longer tt'nn 
 than seven years, whether th'.' actual possession 
 
 m\\-i\. lie 
 r'v'i-tt-red 
 if ti-nn 
 iliii)isf-J 
 
 7 viur-4. 
 
 uoes aloni:f the'reuinier ctr not. 
 
 As to such leases i 
 
 is provided iu exfiress term?, that the Ilt-u'lstry Act 
 shall api)ly ; and then forv. a least- for a term 
 exceeding; s; vi-n years will, if not registered, he 
 postponed to ^^uch suhsequeiit rf.nstered instru- 
 ment, n«)t\vithst!r.idi;i<,' a^-tual }»'>s5c?sion may have 
 always accompanied ^uch lease. 
 
 Whetlu-r 
 |i<)>sf.-^ion 
 ;,'(ifS altiug 
 v.ith tiif 
 lease or 
 not. 
 
1*^ 
 
 04 
 
 rcHAP. VII 
 
 L m. 
 
 Facts to 
 bt' proved, 
 
 Proof re- 
 quired to 
 
 CHAPTER Vir. 
 
 PKOOF FOR REGISTRATION. 
 
 §3H. Fiift^ to lie provftl. Form of nffi'luvit. ' 
 
 f^^'j. Ati: liivit to I.e r.'t.'i.stt'r.-d. 
 
 g 10. Wlii-ii (liiT'i'-iit wit!).- -.'s s.,-.> ilifT'-rt^nt t-'raulors cxi^nite. 
 ^■tl. Ci-rt(iiii ilifi'ct^ iii !ilH l;ivit not to iiiv;ili lute ri-.'i-triition. 
 § 12. l)((ils may lie re;:i--t»'re,l notwithstaucUiig Cbri.->ti;iii iiiiiuo 
 
 of \vitiiissc< not set fortli. 
 §43. Bi'fmi' whdin to l>e .sworn, in Ontario, in Qiii'li^c. in 
 
 Uiiitvd KingiU'Uj, in a Britisli Colony, in ii Foreign 
 
 Coiuitry. 
 §4t. Witnesses coiup-llalf'.e to make allidavit. 
 ijl."). -VtHn nation of iliclar.ition. 
 § 1(). I'iuties not to take atH lavit. Witness to si},'n. 
 §47. Witnesses insane, alist-nt. etc. 
 J IS. Seal of Court c.r seal of Corporation witli siu'natiuo of 
 
 oliicer to sulliee for ref^istration. 
 vi 1',). Certilicatts ill Clianc-ry f..r re;,'i^t)'v. Who may si;:n. 
 ^oO. Rej.'istrar to >le!iver certitieil copy of power of Attorney 
 
 re;,'istereil. 
 §."il. Use anil ttTi^ct of sueh Cfrtilieil copy. 
 §o'2. To 1)e prim I Uicii' evi.li-nee. Rev. Stat., o. 02. s. 4(>. 
 §03. KeKistry of instrnm-nt in several He;,'istry OlHces. 
 §54. R^'Kistrafioii of notarial copies of iustrumenta executed 
 
 in t^uebec. 
 
 38. In the ease of an instrument other tlian a will. t;rant 
 from the Crown, Ordt-r in C'-nneil. by-law or other in-trunient 
 under the seal of any Cor]iorati.»n, or CHrtiti;Mte of ju(hei,ii pro- 
 ceedin;;s, a sub.-.eril>int; witness to sueli instrument >liall in an 
 alVidatit s.-ttiu;r foitli his njinn-. place of residence, and acUlition, 
 occupati(jn or callint,', in full, swear to the followinj,' facts : 
 
 |a.) To the execution of the original and duplicate if any 
 
 there be ; 
 
 {b) To the place of esecntion ; 
 
 {(•) That h'' knew the parties to such instrument, if >uch be 
 the fact ; or that Ik- knew sach one or more of tiiem, according 
 to the fact : 
 
 {<!} That he is s'lliscribin;; witness thereto. 
 
 2. The alii lavit m ly In- in th»- form of Schedule E to this 
 Act or to the like elTect. " 31 V , e. 20, s. 3.S. 
 
 The provisions of this section a.s to aiiiclavit of 
 proof are directory, not maiulatory (1>. 
 
 In every system of registration proof, more or 
 
 (ll Reid V. Whitehead, 10 Gr., 440. McDonnell v. Murphv, 
 2 J. &S.,304 (Hj. 
 
CHAP. VII.'; 
 
 i38. J 
 
 OUJKCT OF UEyflRINlJ PB<X)F. 
 
 96 
 
 less minute, lias been niiicle an iufiredifnt in the ■'^'^'^ .*" 
 
 . thffiiticity 
 
 act of registration, for the purpose of authenticat-of ii.,tru- 
 in« and e8tablishin<,' the genuineness of the inatni- ™'^^"'' 
 n)ent i)rop()setl to be placed on record, as w-<-ii as 
 of ultordinj; facilities for tlie detection of frau 1. in 
 case the instrument should prove not to W gru- 
 uine. 
 
 The provisions of the i)rtsent Act are taken 
 from the Registry Acts of 18G5 and 18CS. and are 
 more complete and satisfactory than those in force 
 prior to those statutes, and which arc htreafler 
 noticed in their proper place. 
 
 For the necessary proof for the registration of a 
 will (1), grant from the Crown ci ', ( )rdt-r in Councilf 
 By-law, or other instrument under the st-al of any 
 corporation (3), and certihcate of judicial ]»r«x-Tvd- 
 ings (4), the reader is directed to tiie >ev»rral 
 Sections of this Act relating thereto, and rtf^^rreil 
 to in the notes infra. 
 
 The word "shall '" renders it imperative ai>on the impera- 
 subscribing witness to make the required affidavit ^'^"^ '^P"° 
 
 •^ »ntn-s.s to 
 
 {')), his refusal or neglect to comply being Section make affi- 
 fortv-tour post. '^J'^ , 
 
 • / Object of 
 
 The object to be attained in requiring the name. «i*»»«^..*c., 
 , c • t 111-- j-1 - b'iiii.' in 
 
 l)lace ot residence, and acklition of tJit^ att-r.-rting tau is for 
 
 witness to be set forth, is obviouslv for the purp«j5e P'.^.T"'^''.^ 
 
 ^ * .jf identity. 
 
 of identitication. It will be evident that, although \vitu,.ss 
 
 by the language of the section the affidavit should set Q/t re-iuir- 
 . . . . e.lto=wear 
 
 forth tiie name, etc., of the witness, he isnotrtrquiretl as t.> his 
 
 to swear to these facts, as was the case under the '^''*''^'^'*'^^ 
 
 ' _ i>r oocupa 
 
 Act of 1865 (6). The addition of a deponent isti-n, as 
 
 (1) Sec. 63. j^^.j,^, 
 
 (2) See. 61. 
 
 (3) Sec. 0-2 .t 73. 
 (4j Sees. 48 & 49. 
 
 (5) R. S. (Out.), cap. 1, s. 8, sr. 2. 
 
 (6) SeeS'J. 
 
 1'3*)5. 
 
 
 
 
 
 ■ 
 
 
 
 
 1 u 
 
 
 ' 
 
 1 ■■ 
 
 fl 
 
 
 
 J if 
 
 
 
 1!T 
 
 
 
 
 
 
 
1; 
 
 A<li1iti(iii 
 is ilociip- 
 tivi' Dii'y. 
 \Viti,( ss 
 
 pflSi' IIS to 
 CM CUliiill 
 
 (■! iii-^tni- 
 
 lialit il'l- 
 
 l)lifiit""l, 
 'rii'M'M'cii- 
 
 lidll lie- 
 |i(imim! t<' 
 
 thiU (if 
 griiiil'.'r, 
 
 l»u<»(»j Kta. iiSvUHTBArroM. 
 
 I JIM'. VU. 
 
 or |iaity 
 fr.'iii 
 
 wllOMl 
 IIKIVCS. 
 
 Pructici,' 
 iukUt 
 KiiKlisli 
 Acts. 
 
 The 40tli 
 scc'timi 
 post coii- 
 fii'iiis this 
 reqniro- 
 
 llliht. 
 
 '1)." 
 
 i'»\. Tlif firsi claus' rf ralie affiWavit re(|iur(S tli" 
 
 Y, ifiji'^s t<» d' ]»'•»*- tf tIh •♦iit...MiEi<in. of till' ()ii;;ii)al 
 
 iii'-triuiiciit, }iucl ♦iboitlf' -iiHCf hf a t.lnpiii;it<' tli»iT- 
 
 ()!", t'ldi ;ilwt of KQi'u {iujtii'TfcCr^. 
 
 T!ir <-\rci:tiv';j luuffi if. tixsiti eX' ciuuuj v!>' -h 
 
 ;:iv( s ( IT( "t to tli-f <-<»u>tuk+ "t* til" iu>-*.r(ii.ii lit. 
 
 sary t" t!ic tnuiKfer <f liLtirint >r"- int<T-'^t; t^i liiiu 
 uikIm- .siu-b iTstroTiitnit. i» ntw^nt to siR-h tr.iii-lcv 
 Ittiiiij: iiu))ll*-d. ]i i+- vnwt^^int that tht t:Ktvu\\nu 
 meant ]>y the At-i it- lutaiLT" CiULi: on the ijurt -if the 
 gmntor. 
 
 Th'' \viTrJ^•^^ ic tb^ -tTrMtiirioa ot' a (he I should he 
 tli<' witnt^s to tilt -eji-iiitiDa. oy the [lafty tV )iii 
 wliiMii tbf e.stat.t' m(»ytH- ±.. The .urantor's i xii-ii- 
 tion is tht- rtnl -ex-erinjuo- :i.;i(l cbe uir,iu-.s to liis 
 0X(.'0utiMij muKt uXi'^m 4i_ 
 
 Tbf practice uiidni ":iiit SLoidisb Registry Act has 
 liccii to jM.riuit tbt- vjsitt*!- to the execution l)y 
 either jiarty to make "lii-^ ajH<!»ii»ary atHihivit accoin- 
 piiijyiiig tlif meruonuJ ^ .. Cc has het-ii h^ hi unika' 
 the lri>b lifgisti-y Atc diitJi wber^- tii'' iit'luhivit 
 does not prove tin- -ekaairiiiii hj the owner, it is 
 (leftrtivf iij isuhstiujoe ;5'i. 
 
 The luiJ:^uaiL!e of lilt a!Ctdi-c'a skictiun po-it, hears 
 out tht \ie\v luiti tilt HtSi-Mjtiuion by the ^'raiitor is 
 the execution x/cjiiirt»i Sm" cke Act. Although a 
 dii d ill some cast-i- intj ll»* ^aiid with<uit the sig- 
 nature of the <;TutTHa_ 3;tu iz -rannot be received for 
 
 ill ILxiJ v. Citukriit-.. 4 2'!^ 12h 
 
 (2i Siij'dcii. V. tS. 3'.. 12 l-u .4-1: R±-:. v. '.- '.l.llcs-'x i k.'ris- 
 tiai), L's ].. ,].. (-• i;.. 2 ill. t Ell.,;i:ii: Doe d. Reiuiick v. 
 AllUSt]iili;4, 1 H lie i!.. aiH'"^^ 
 
 i'.U Fi-)it'r on M(»n.. T- £ii.. j- fiS**-. 
 
 (Jl U livtIie'Wimd fr Coil''.. 5< JiL.-il. 'liHi. R'j^ge. p. 7-4. 
 
 (.■)i In kt SujiLeiir. Jt'i l.rn. .K.^. . "ifti. 
 
< HAJ'. VU. 
 
 T-Tir.\ KY (if:\NT'>i: 
 
 9; 
 
 n';;istratii.u 
 
 : :L* Xr% witlioiit mk li siuiiiituro 
 
 null >iH 
 
 J 111- inrin <4tht »&lx^h in Sch. dulc J',. t\[.r( ssly m:;ii.-.1, 
 iiitiili(iii»« iLt "ii?pUBi. ar:tl .-••'a litis,' " upim tin [itirt j! 
 
 (if lL(»M- <-J."<irtain*r tirr*ltr«?«l. Ill otl 
 
 H r wuni.-, (if( (ts 
 
 it l>e 
 It '^ Is to Jed. 
 
 williout w4;:iit3TO^ ir»* mra 
 
 H.l I 
 
 or iciiistriitinii 
 
 ii" 
 
 uri'(i-« 
 
 it ib aj-j] ^+-li*ai i*i* that the woid.-, •" .^ii^md. 
 St.;!!*-!* aha ♦it<ict.*'L" mu-^t appear in ttif uiliiliivit, 
 ami 'il'«1 a ^lajS^aiKBS that the witness saw tlu' 
 tUril ■• tx.t'cwti'l " itoafily. without uiovc. is iii-tif- 
 liciiiit. uud 'lIshii «k-j; aa atiiduvit caiiUDt he ricciv- 
 
 Alii I 
 
 ivit 
 
 shullKlful- 
 
 :'(1. \\L'. u tht Tr;..cvfcj- ,•( <,inr Act ai.' i>n(.-isf andlowii 
 
 liaiiiruJ and (ffteitiiT sttde 'I'. 
 
 in tlu'ir 
 
 i'ljc sirajj wi^j<air5t* tiie Act 'ifl. <iMi. I If., (\ 
 
 -III 
 
 i;cd. 
 
 I \V 
 
 JiriinswickL Jt^-^^^k she fXtcution of (U'fds pro- 
 posed to Iht i-'f.2k€i*r&4. to \t*' prnVfd by the 
 sr.bscriljin;' "\rii3i>**+_ wL;«) .■should, upon oath, i)i-ove 
 " t\]i- si^iiui!!. M-uIitx -.irA ilfclivery " tht-reof. lUld, 
 that j)rouf \>j tLt*r- i^^fc^^^*T^}'>Ln^ witness that he saw 
 the j:raDt(>r "Kirru ieai and make their marks 
 thereto for ']■■ ' " 
 insntiieir-iit. ; l 
 
 -* ttierein eontaim 
 
 d 
 
 was 
 
 tl 
 
 lis i.]()ol tu. 
 
 trred (2i. ju 
 
 — d with, a nieinorandum of 
 ' 'i h was improperly re^^ds- 
 
 rn 
 
 t in tliis case Rit(diie 
 
 ( 
 
 rtmari*- ~Yah R-^ji-tnir has no ri^ht to i''pi''t'"'i' 
 
 (.•aniint ac- 
 
 C.;lt 
 
 ptli.r 
 
 (lr;!\v any iij1^T-«5K»f. *:r aectpt or acr on any other 
 
 • videnee in t^i'Si ^< r i : r s I i>c. of that directed hv the'''""-''"'" 
 
 statute . an 1 ■, " 
 
 is funii^hf.■d kui'j, ,iu;-.^r<l oa hy the pri'pt r :>t'tiefr. tin 
 
 tllMt I'P' 
 
 t;ii«»- It'jjal tvidt-nce ^-o rMpiired .-ciii...i by 
 
 statute. 
 
 de( d 
 
 cannot yr 
 • 1'Ih 
 
 ce en t _ 
 
 1 Q.. 
 
 led.- 
 
 PI 
 
 aof " 
 
 Trior to tLe ^^^-si^^^urz Aefe of 1.S4('') <8i it was not 
 
 (■XfOTltU'U. 
 
 i]| (niuild T. iixwiu 5.. fiL * P. C 
 
 ]r,-i. 
 
 Set' V. <_'. suivnuilex' 
 
 YMt 
 
 IfMUHlJ 
 
 i.-'it; •« Wtnri-iiHaiK ID Crr., ii6. 
 
 (3) Sec. 10. 
 
^ip 
 
 98 
 
 PROOF KOH KKOISTUATION. 
 
 r cBAP.n. 
 
 L 13H. 
 
 m 
 
 ^,''^'-A°' m'<nmi)t-nt to .state in the anidavit whero tlio deed 
 
 of llVo 
 
 I'lttii. of ^'^*' -xefiited. Tilt' place of execution must now 
 
 fxeciiiioj. j^^^, ,,^ desi'mated. It is important tiiat the phice 
 
 a.-pohtai wu-rp rtit) lUHtrument is exe(."utod shouUl lie nien- 
 
 ^" twitnl lu the atHdavit in order; First — that as tlie 
 
 nMitUT' >tt tiiH proof varies accordin;^ to tiie localit\' 
 
 TMMntv rjh! instrument puri)orts to ho executed, it 
 
 Tn nssiBt ^ii .nuhie the Uei,'istrar to ascertain whether the 
 
 trai. T-ruiiiTmients of the Act have heen duly complied 
 
 Titli: :iueh as that the atlidavit of execution is taken 
 
 lihtbTt^ the authorized oHicer. "The mention of the 
 
 r]iuu» of execution is, I think, intended to enahle 
 
 tli«» Ue^strar to jud;;e of the nature of the proof 
 
 ETrMuretl in that i)articular case, and which is dif- 
 
 fieT-ni according as the instrument is executed in 
 
 Tnfadli- a: ,>nt '>i Tpper Canada" (1). Secondly— that 
 
 tail ejt- •■ ■■ _ _ *• 
 
 (luin-BRti.Tiiiiiud the fact of the I'Xecution ot the instrument 
 executioij.'^ 'lispiited. parties interested will he facilitated 
 
 -ii-iiiU"Rumy their en([uiries upon the suhject. 
 lc«;:istr«7 ^ ij, oiear that in the ahsence of anvsuch state. 
 
 cannot r*-- . i • i i • 
 
 etiv. u- nt-nt LU the attidavit, the liegistrar cannot receive 
 strumejit _p.^_j.j^j, the iustruuu'nt to which it relates. 
 
 if jiliief of ^^ 
 
 ex.'raucai Wkere a Re;,Mstrar recorded a certificate of dis- 
 "^ '^ liiuvqe of mort'j;age upon an at'liilavit which did 
 'lait: -rtate the place of execution, as required hv tlie 
 -«amte. it was held, that he should have refused 
 :Xi LT-i;ister it, and that hy registering " he failed in 
 "tif sinct and [)roper discharge of liis duty " (2). 
 Ruow, <■., Kjiowledge of the parties executing iustru- 
 
 edj-'t'oftii^ 
 Dariie'- 
 
 ni-nr. 
 
 ex.-catiiu^' n^^ affidavit must state, in the third place, that 
 
 writ 1 up 
 
 Aflidini: '^^*^ ;ittesting witness knew the parties to such 
 must Slat* uij^x-nment, if such be the fact, or that he knew 
 
 tiiai «Ti ' , , ,. J . 
 
 u«8- iufw -isieh one or more oi them accordiwj to tnejact. 
 
 OUl' 01 
 
 11 Maur.'Uli V. To.M, 2>] U. C. IJ., 87. 
 
 ti L'or lidteu, V. C, lieiJ v. Whituhead, 10 Gr., p- "l-iy. 
 
mmm 
 
 CHAP. VII."I 
 
 latt. J 
 
 KXOWI.KDOK OK THK PAUTIKS UY \VITNI.88. 
 
 90 
 
 Takinc this suliscction in connect inn with tliomon-of 
 forniof the iiftidiivit in Sfh»(hilc l',..ii(l»)uht ims l)efn,.x,.i.iitinR. 
 txprt'HHi'd whcthir thi* witm^s must hiivf iuiown 
 Itjist one of tho jmrtit s. or not. 'ilif hui^;nii!4t! of AiiiiiiKuity 
 the suhsiction (U)es noth< Ijioneout of tlitcUHicnHv,,,],,,,^;,, j„ 
 us the lii'st chiuso inquires hini to stiito that hc""'^'"^''' 
 knew tlie parties, i. c, all the i)artieH, ii' mn'li he 
 the t'iK't. Now if suoh should not he the fact, then 
 what'? The attestation contained in the conclud- 
 iii;4 clause, is " or that he knew such "Hf i>r nimr 
 of them," aceordinj^ to it fact. J)oes this infer 
 that he must say tliat he Iniew one of the parties, 
 and also more of the n, if the fact he tiiat he knows 
 more '? Or does it mean, in case su(di he the fact, 
 that ho does not know any of the partits, that he 
 should state that ahsonce of knowledj^e in the affi- 
 davit '? 
 
 Itefercnco to the third clause in the form of And in 
 the al'tidavit will not assist us in the solution of ^,'.i„,,i„]j, 
 this douht, as it recjuires the witness to state that ''• 
 he knows the parties (or one or more of them 
 'icriinHiifj to the fact), the words " accordiii}^' to the 
 fact" api)lyinj^ equally to "parties'" and "one or 
 more of them." 
 
 Can then an aflidavit of oxecution he held to he 
 in accordance with the statute, and ho receivahlo 
 ly the Registrar whi(di contains a statement I)}' 
 the witness that he does not know any of the 
 }>arties ? 
 
 It is suhmitted that such an afiidavifc is invalid Afiiilnvit 
 and cannot he registered, upon the ground that„n!oss 
 tlie main ohiect in reciuiring an atiidavit to i)rove^'""'*^*' 
 the execution of an instrument for registration timt he 
 purposes is to estahlish the authenticity of the {'J"^^'^,,^* 
 execution of such instrument, and to show, notfftliu 
 only that it is a genuine document, hut that it is^'^'^" °'^^' 
 
 I 
 

 100 
 
 PKOOF KOK RKfJISTRATION. 
 
 C IIAI'. VII, 
 
 Or iiiifty 
 
 till.' 
 
 lUllVC-l. 
 
 tlic :u't of the grantor, or pr-rson from whom the 
 cstutc or iiitiTost moves. How tluMi can it ocsaii^ 
 that the ohjc'ct of the statute is attsiiiiod. when th''' 
 only ;^niarantta' to satisfy th*- llt'f,'isti'ar and th.i 
 public; that the instiiiin« nt is a.iitlicntic, ami is 
 rc'uliy the ai't and (h-jd of tin- .ijraJitor. or |n rsoii 
 from whom the estatt- or inter. '^t moves, is the 
 afiidavit of a person wlio adtnits therein tliat lie 
 (lot's nut knov,- such u'rant->r r)r per 
 btati 
 
 s.m, 
 
 hut who 
 es in a previous chmse of th.' aiiidavit that he 
 
 w 
 
 as per.-^onally p.risevit an*i did see"" th.' within 
 instrument duly si;:;ned. sealed and executed hy 
 the parties to th" instrument and whom therefore 
 he cannot ri.i^htly and properly say were the pro[)er 
 parties or not ? 
 Dcr-rec nf It is not too nnndi t.i demand that the witm^ss to 
 L'tlg'e. ^^^^ cxcentiiin of an instrument should he to some 
 extent, at least, accjuaintt'd with the parties who 
 execute in his presence ; especially in the case of 
 such important instruments as those ai'fectiiig the 
 title to land, so that he may i)e ahle to testify 
 to the Court when necessary. What {le,:j;ree of 
 knowded;;(; or acpiaintance the witness should 
 
 have is not stated and coulil m.t he laid do.wn. 
 
 [t 
 
 N'Ol'.l !l,.t' 
 
 e pi'r- 
 
 KDIUU 
 
 is [)resumeil that a slight knowledj^'e on the part 
 of the witness is sutlici"nt. It need not necessar- 
 ily he personal. 
 
 I'lid.'r till' Ih'ijisD'y Law of the State of New 
 York the al'tidavit of execution nnist show that the 
 kiiowl.'ii;,'.' witness knew the ;^'rant.>r. otherwise the ])roof i-: 
 
 of f^TUllt- 
 
 uv nii.lcr 
 
 New Ydll 
 
 It'll' 
 
 must 
 swciir to 
 
 K 
 
 I. 
 
 iiisutlicient ( li. 
 
 On examinin.:^' the original hill upon which th.' 
 Jle^iistvy Act of isfi.') was foun.led, it will he noticed 
 that it contained two clauses heariu'' directlv uiiou 
 
 i -^ 
 
 (ll Jacl; 
 
 111 V. (i 
 
 i!.),7 W. n.l. .S. V 
 
 it'. 1 ; Jiiciisoii V. OsliDO 
 
 '2 W 
 
 rll.l ( 
 
 N. V 
 

 
 t HAI'. VII 
 
 WITXK.-- JIt>T HK I.ITKKATK 
 
 101 
 
 this point, but which wtrt- >tvuAi out uliiU- tlic ^f'^"*'J^""* 
 
 liill was in Committtx', 
 
 Th 
 
 (• clauses iU''.' ;o 
 
 li'W: 
 
 !<■)! ]jut if h*:- d<> not Ijk.w Ihiiii or do not 
 
 III llic 
 •lau-i's 
 
 in 
 
 1 
 
 .now tliL wiiole of tiii-ni, ho .-Imil stato that fact. 
 And as to such of thi.ia as lie (hics not l;no-.v 
 
 liill UIIOll 
 
 10 
 
 1 1 
 
 he shall state tin- cireuiustanc'.s \;hiclj 
 
 d hin 
 
 viiii'll tl 
 ;i ;'. Act 
 
 tohellevo that tiii- i>artv. ornavties, wdioni he does 
 
 no 
 
 I know, and wh 
 
 si'.'natnre or si'^'naturi 
 
 !I0 
 
 attests, is or are in trutli the !:,raiil<'r or jiarly 
 nasntd in tht- in.s-riuiiiiit. s'wdi as. tlj;!t tlie party 
 dec]ar^d liin:.-tlf t' w the p'-rson in ijUestion. and 
 
 Ih 
 
 Witn 
 
 es.s had no roason to doubt the truth of 
 
 the i-aine or tliat the lartv whom lix' witness doc; 
 
 know was iiii.-ntiiied U) hir;i 
 d d 
 
 Uell pi I'Son 
 
 naniui.u unii 'i«-:-:.<'Vi..'nj/ nun wiio is a jierson 
 
 11 iai' 'An 10 tho ^vitn--:.-■. and -.vh 
 
 ose 
 
 ^t; 
 
 ununt 
 
 l!ii- witne 
 
 b^:!!^^ 
 
 To 1:0 irUG. Tue fact th; 
 
 iliesf cduu.-i.s wc-re struck out shows Iliat tl 
 
 hi .;islatnre di-l not approve 
 
 a witi,e>-s tv) an 
 
 U!^ 
 
 truuient iiaviu;:^ r.) Liiowh-ge of the pari 
 
 10, 
 
 thereto. 
 
 '/.' A\'itnc-ss nnist be a snl'-oribiniT wit'noss. 
 
 >.[ Ht he a 
 
 ;1; 
 
 -.unl) 
 
 And lastly the atlidavit should state that ho is aiii« wit- 
 !l)scribin^' witness, lie cannot lie a niarksniai 
 
 n>'ss 
 >Iaik; 
 
 ^'.ulic'ifut. 
 
 lie nni.st 110 a lit-.-rate witness, able to road aiul lu.-m not 
 v.rito. otlurwise h:- will bo unalde to stato that lie 
 • w the iu>-trnmt-ut signed by the grantor, if unabb 
 1.1 read iheir writing. iUj must sign the instru- 
 iiimt as witness prior to malcing the aliidavit; 
 
 inietimos tlii.- 
 
 inadvertently overlooked, and 
 
 occasions some aniiovance an< 
 
 1 del; 
 
 V roiristration. 
 
 Having glanced at the nature of the ;irtidavit it Aiiiilavit 
 
 on IV rem 
 
 \ius to observe that foroiu; 
 
 n ;in( 
 
 1 
 
 irrck 
 
 v;int nnitter, such as ''that the parti( s are over 
 twenty-one vears of age " s:c., is to be condemned, as nmttor. 
 
 ulil not 
 contain 
 l'i)M'i;.'n or 
 •ant 
 
 irii'li' 
 
 ;i 
 
i 
 
 A], 
 
 102 
 
 PROOF FOR REGISTRATION. 
 
 fCHAP. VII. 
 
 L §S:39, 40. 
 
 Tochnical 
 
 oliji'ctions 
 to tlie alVi- 
 diivit will 
 not jiiL- 
 Viiil. 
 
 Siiljstun- 
 tinl CDiii- 
 pliaiici' 
 will) stat- 
 ute is snf 
 ticit'Ut. 
 
 Am.lavit 
 to be 
 regi.steied 
 
 Under 
 Ko}.'. Act 
 of 1H(>-, 
 atHiiavit 
 could not 
 be an- 
 nexed. 
 
 Benefit of] 
 
 havinj? 
 
 aflidavit 
 
 copied in 
 
 full in 
 
 liegistry 
 
 Book. 
 
 When dif- 
 ferent wit- 
 ne.s.ses see 
 different 
 grantors 
 execute. 
 
 tending to pervert the simple and effectual mode 
 of proof established by the statute into a conven- 
 ient declaration of matters affecting the title, 
 more properly appertaining to the practice of a 
 conveyancer. 
 
 The Courts will not notice technical objections 
 to an aftidavit which is required to be made under 
 a statute ; such as the present, especially where 
 such objections are founded upon a non-compliance 
 with certain liules of Court, established for the 
 regulation of the practice and proceedings in such 
 Court. It will be sufficient if such affidavit fully 
 and plainly complies with what is substantially 
 required by the statute affecting such affidavit (1). 
 
 3i). Tlu' said affidavit shall be made on the said instrnment, 
 or securely attat-licd thereto, and such instrument and affidavit 
 shall be cojiied at full length in the Kegistiy Book. 31 V., c. 20, 
 8. 3'J. 
 
 Under the Registry Act of 1805 (2) the affidavit 
 was required to be made on the instrument, no 
 provision being made for it being annexed to it, as 
 in this section. It need not be made on a dupli- 
 cate of the instrument as the affidavit forms no 
 part of the instrument. Requiring the affidavit to 
 be copied in full in the Registry affords the party 
 examining the instrument an opportunity of ascer- 
 taining if the former is in compliance with the Act, 
 and at the same time perpetuates the evidence of 
 execution. 
 
 40. Where any instrument is executed by one or more grantors, 
 but not by all of them, ii: presence of the same witness or wit- 
 nesses, and by one or more of the other parties thereto, in 
 presence of another witness or other witnesses, then and in such 
 case, the witness or one of the witnesses, whether the same be 
 so executed in the same or in different places, shall make au 
 aftidavit, in accordance with the thirty-eighth section, as to each 
 separate and distinct execution of the instrument before the same 
 is registered. 31, V. c. 20, s. 40. 
 
 (1) Moyer v. Davidson. 7 U. C. P., 521.ll See ^^ Forrest v. 
 Buruell, 15 U. C, R., 370. 
 
 (2) See 40. 
 
 I; 
 
TTT 
 
 ^ 
 
 i.l 
 
 CHAP VII.l CERTAIN DEFECTS IN AFFIDAVIT CURFD. 
 .5tl. J 
 
 108 
 
 orrest v. 
 
 Tliis section confirms the proposition contained s^f'ti"" 
 in the remarks n])on section thirty-eif^lit^Mi/c, in re- u,,. view 
 ference to the al'lidavit of execntion, viz., that it must '^'"^ ^'l*^ 
 
 l-X(t'UtuiU 
 
 shew an execution on the part of the grantor, or tu be at- 
 the person from whom the estate or interest moves, [h'^it ,,f"'^ 
 in requiring that,, when the instrument is executed K'ii"t^»'', 
 hy more than one grantor before separate witnesses, *" 
 each witness must make al'lidavit as to the party ex- 
 ecuting in hispresence. It is to be remarked that the 
 liegistrar is here exiu-essly, as he is impliedly by ,„.,^|,ji,j,,,i 
 the thirty-eighth section <iiite, prohibited from rcg- •'"!'"■' «'^- 
 istering tlie instrument until this is complied with. 
 
 ■U. No rctristriitioii, uikKt this Act.i'f any iiistruniciit sliall lie f-*''*!"" 
 (leeiiu-'d or ftiljiul^'cd void, or di'fcctivc by reason of tli(^ name, "''. *^''''. '"^ 
 jilaco of residence, addition, oc(!H])ation or callinj,' of the suliscrili- "'"davit 
 ini: witness tlitTt'to not being set fortli in fnll, or lieiiiK inijiroiK rly ''"''. ^" ^'^' 
 or insulliciently piven or described in the affidavit mentioned in ^""'1''"*''' 
 and re(inire(l by siction thirty-eiplit, nor by reason of any clerical •'•'-'^tra- 
 error or omission of a merely furnial or technical character in >■'""• 
 sucli at'tidavit. ',i{'>, V. e. 17, s. 3. 
 
 Section 38 ante, requires that the name, place 
 of residence, addition, occupation or calling of the 
 subscribing witness shall be set forth in full in 
 the affidavit of execution. The present section, 
 introduced by the x\ct, 80 Vic, c. 17, however, 
 qualities sec. 38 by enacting that the absence of 
 such full details, or the improper or insuiticient 
 compliance of the particulars required by that 
 section, or any clerical error or omission in the 
 affidavit shall not affect the validity of registration. 
 It has always been held that clerical errors or 
 mere formal omissions shall not vitiate registra- 
 tion (1). The effect of this section is to confirm 
 the validity of the registration of any instrument 
 coming within its operation, but by section 78, 
 post, the Registrar is expressly enjoined not to 
 register any instrument except upon the proof 
 (1) Wyatt V. Barwell, 19 Vus., 436. 
 
wm 
 
 m^ 
 
 1(1] 
 
 I'iKiHF F<)i; llKdISTUATlDN. 
 
 ( inr VII 
 
 ' 
 
 I'rcjuind liy tliis A'-t. As t() \\iifit is, or uliat is 
 not, a (liiV'ct of rorni, must (lc'[)eii(l n[)on tlic cir- 
 
 cumstinices of eac-] 
 
 casi' 
 
 Wlurc the altidavit 
 
 does not prove ilie exet-iition l>y tlie f;'rantor, or 
 ^larty from whom ih<' estate moves, flic defiet is 
 o'li' of su!)stanc(' and la^t of form, and tliert fore 
 cannot l)e eured iind!'r this section (l). Actual 
 oniissi.'n of any of tlir pai'ticulars required liy SfC- 
 
 ti>))i 
 
 not eured io; i]ii-^ sectinn. 
 
 In- I'lL'l'- 
 
 Di'Oil.'Oiiay 12. Any iiistin]ii"i!t may ]-.(■ ifiiistcrcd mulcr ihis Act. rot- 
 '.viliistiuiilii:;.; tlidt tlio (. luistiuii uie.iit! dv iiniiicsdr tln' iiiliM'iildn;,' 
 v,itii("s~ iiiikitir,' v-iicli altiiliivit is or iirc oiily s-t forlli ih. iriu 
 1)V initial IcUiT i>v IcItiTs, or n!'''ri?viati(>n or uM rcviations, and 
 
 t.v...l 
 th- 
 
 n<i 
 
 \vi 
 
 stanuiii;-; 
 Cliristinn 
 nam.' (jf 
 witness 
 not s('t 
 fi)i-th. 
 
 ii't in 
 
 laU. 
 
 ji; V 
 
 j: 
 
 lie 
 
 ■-tririm'tiC" 
 
 lOll 
 
 tiiirt 
 
 V-(- 
 
 .dit 
 
 aiit( 
 
 in 
 
 rc'i''i'i''i''.; \i\i'. 
 
 •\i 
 
 -fia.)i 
 
 laiue or iv.inie.s or iiu: 
 
 uu- 
 
 serdiiii'.'- 'vitness to ne m niioiv.'d i) 
 
 ill the 
 
 t>'..iict of .,(•, 
 
 .SOC'tll.ll) 
 
 iila\it ol ( 
 
 xecutiiui, eicea«iomd con.sidc-raMe in- 
 
 :(jiiveni«'nee, owino' to the C(v,nriion enstoju of such 
 
 name heiiif,' represtiit^-d \)y initial letters m tut 
 the witness, in tie' tittC'station elausi 
 
 smiiature oi 
 
 to tie. 
 
 Ihir 
 
 Hislruni; 
 
 ami 
 
 th 
 
 dillicMiltv cause 
 
 el>v 
 
 to { 
 
 le 
 
 ( 
 
 oiuuussioiirr, m n 
 
 llim 
 
 illid;!\it iii acc''rdaiu'c wuh tnc statute 
 
 ijiu'ut iioii ol'Sv'r 
 
 Valic 
 
 ot 11 
 
 ruio venumnt: 
 
 S, U(> tJK 
 
 The fre- 
 tht 
 
 names 
 
 to he 
 
 .-5' t out in full utnl (he delav in r 
 
 f^-'lS- 
 
 tering caiisi d tiicreiiy lo(i fo the tidoptiou of t: 
 scctioii hy the :5ii \'ic.. cap. 17. 
 
 VhU 
 
 •!:'•. LlvL'i'Y 
 
 ■ liivit nia'l! 
 
 iimlir ti!" au 
 
 tli'iiitvof tliis Act .'■Lall 
 
 vlioni to hv made h'-f.in .ioiu.' onr of (he i'lllowin;.' jiiTSous; 
 111' sworn. 1 xf mailo in Oiilario, it -hall lie mailc In furc — 
 
 luOutario. -I'Ih' llfji-ti'ar or l><'iiuty llo.Ljistrar of tlic (Vciury i; 
 
 ill 
 
 ll.o 1; 
 
 mils no ; 
 
 O 
 
 r, li.'tor.' a 
 or K(|uity 
 
 .null 
 
 y o 
 
 f anv of the S 
 
 le r>ii|i ■no 
 
 r Co'.u'ts of L;i 
 
 Or, lieforo any JuJ;,'!.' of a County Court witiiiu L 
 
 County ; 
 
 Or, before a Ciiuiiuissioaer authorized by any of tl 
 
 r Courts to take iillidavit.s — ;51 V., c. '2i 
 
 Sui'el'io 
 
 s. 41 1 1): 
 |1| In ro Stejiheus' Estate, U) Ir. Itep. iKq.), 
 
 •>s-> 
 
IHI 
 
 USf 
 
 
 BEFORE WHOM AFFIDAVITS TO BE SWORN, 
 
 mir 
 
 Superior Court or Clerk 
 
 li Tmictil 
 
 Or, before any .lustico of the Peace for th( County in 
 which such atlidavit is sworn — 3'J V., c. 25, s. 3. 
 i Lf miule in Quebec, it shall be ii 
 
 A .ruiti^'u or Prothonotary of 
 
 of the (,'ircuit Court ; 
 Or before a Commissioner authorized under tbe laws of 
 
 Ontario to take, in (Quebec, atVidavits in and for any of 
 
 tilt) iJourts of Record in the Province of Ontario ; 
 Or, before any Notary Public in (Quebec, certitied under 
 
 hia official 'seal— 31 V., c. 2 J, b. 41 (2) ; 34 V., c. 14. 
 
 srf. -i&e; C. S. C, c. 7'.», s. 3. 
 
 :Ii B' made in 'J-reat Britain or Ireland, it shall be made 
 before — 
 
 A Judge of the Supreme Court of Judicature in Eng- 
 land, ur of the Court of Session or the Justiciary 
 Court in Scotland, or of the liij^'h (^ourt of Chancery, 
 iir of the Court of Queen's Bench, Common Pleiib, or 
 Exchequer, in Ireland ; 
 
 Or. before a Judge of any of the County Courts within 
 ins County ; 
 
 Or, l)ef.)re the Mayor or Chief Magistrate of any City, 
 Borougli or Town corporate therein, and certified 
 under the common seal of such City, Borough or 
 Town Corporate ; 
 
 Or, befi)re a Commissioner authorized to administer 
 oaths in the Supreme Court of Judicature in England, 
 or hef,)re a Commissioner authorized liy the laws of 
 Ontario to take, in (ireat Britain or Ireland, affidavits 
 in and for any of tlie Courts of Kecord in tli-- Pniviuce 
 of (Ontario ; 
 
 Or, before anv Notary Piililic certified under his official 
 :ieal— 31 V.^ C.20. h. 41 |3) ; 34 V., c. 14, ss. L', 4 A f. ; 
 U) v., 0. 7, Sched. A (PiCj; 
 
 6 If miule in .my British Colony or Possession, it shall be 
 made before — 
 
 A .rudge of a Court of Hocord, or of any Court of 
 
 Supreme .ruriscliction in the Colony : 
 Or. befiire the Mayor of any City, Borough or Town 
 
 Corporate, and crrtilied under the common seal of 
 
 sncii City, Borough or Town ; 
 Or, i)efore any Notary Public, ceitified under his official 
 
 se.al ; 
 Or, u' made in tiie British Possessions in India, before 
 
 :iny Magistrate or Collector, certified to have lieen 
 
 sucli under the hand of the (ioveriiur of such I'os- 
 
 :iesai()n ; 
 Or, l)efore a Commissioner authorized by the laws of 
 
 (Ontario to take, in such British Colony or Possession, 
 
 atiiilavits in and for any of tlie Superior Courts of the 
 
 Pmvtnre of Ontario — 31 V., c 20, s. 41 (4); 34 V., 
 
 <'.. 14. ss. 2. 4tl- 0; 
 
 u. C iniuii' m any Foreign Country, it shall be made before — In a 
 
 die Mayor of any City, Bor(nigli, or Town Corporate of J"r)rei;n3 
 siicti rtountry, and certified mider the common seal of Country. 
 miah City, Borough, or Town Corporate ; 
 
 li- r, 
 liriiiaL 
 I '. oion^. 
 
 m 
 
 li 
 
Ilffp 
 
 I 
 
 106 
 
 PROOF FOB REGISTRATION'. 
 
 
 latk'rpre- 
 tatiou uf 
 wi)rd"'Affi- 
 
 davit," 
 
 Under 
 Rti;. Actof 
 IT'Jo atS- 
 
 davitd 
 were 
 
 iworu be- 
 fore the 
 Ee^^istrar 
 i.ir Deputy. 
 Provisions 
 of Rej:. 
 A.;t of 
 
 •VJ Vic. c 
 •ij (Ont.) 
 
 No pro- 
 vistou for 
 re^id- 
 tr:itiou of 
 Memorials 
 of iustru- 
 meuts exe- 
 cuted out 
 Province 
 under Reg. 
 Act of 
 IT'Jo. 
 
 Or, before any Consul, Vice Consul, or CcmKLOJ A^rent 
 
 of Her Majesty, resident tberein ; 
 Or, before a Jud^je of a Court of B^cord, ic i Notary 
 
 Public, certified under LisofBcial fteid.; 
 
 Or, before a Commissioner authorizfid Inr i2j^ laws of 
 Ontario to take, in such country, iifBdiiT]i+ ji. .md for 
 any of the Courts of lU-cord I'f ib<- $■::•: T-jice of 
 Ontario— 31 V., c. 20, b. 41 {5) ; '6i\ . r It. m. 2, 
 4& 6. 
 
 The word "affidavit" includes '* gjEniuitiou " 
 and "declaration " (1). 
 
 Originally all affidavits had to he made Itrt'ore the 
 Rt'^istrar or his Deputy, and for that j'-arpoac the 
 witnesses had to attend at his office. 
 
 The Registry Act of 1846 relieveni visnesses 
 from the necessity of attending at Iht Registry 
 Office, and permitted the aiitidavit to l»e tt-iken as 
 well before a Judge of the Superior cr County 
 (then called District) Courts or a Cc':i:^i^si'->ner 
 for taking aftidavits, as before the Eegistrjir or his 
 Deputy. 
 
 Much inconvenience being eiper!eBe#iJ m many 
 portions of the Province, principally n; : :. -•: sec- 
 tions lying at a distance from townf ai.i v..Ia;4es, 
 from the want of Commissioners, ii •^la enacted 
 by 39 Vic, (0.) cap. 25, s. 8, that the adSdavit, if 
 made in Ontario, could be sworn hefcre a -Jastice 
 of the Peace for the County in whicL "ilr affidavit 
 might be sworn, in addition to thc>~r :::'_:";:3naries 
 before referred to. 
 
 The Registry Act of 1795 i2) proTiied that 
 memorials of instruments executfi -'>n:i: of the 
 County wherein the lands laid could l>f registered 
 upon affidavit of one of the witnesses iriib.- instru- 
 ment sworn before a Judge of the Kii.^ f Bench or 
 a Commissioner ; but made no proriiu! JO. for the 
 
 (1) Sec. 45 post. 
 
 (2) Sec. 13. 
 
'.■""' ' /m 
 
 1?!! 
 
 CHAP. VII. ^ 
 §43. i 
 
 AFFIDAVITS SWOBN OUT OP ONTARIO. 
 
 107 
 
 taking of tlie affidavit of witnesses to the memorial 
 of an instrument executed out of the Province. 
 
 This, being found inconvenient, led to the passage 
 of the Act 58, Geo. III., cap. S, which, aftt-r reciting 58 Geo. 3, 
 that difficulties had ari.^en in cases where parties *^"P ' 
 residing in Great Britain and Ireland, or in other 
 colonies, executing any instrument or will which 
 then had to obtain registration in this Province, 
 provided (1), that such instrument could be regis- 
 tered upon an aff.davit of execution sworn before 
 the Mayor or Chief Magistrate of any City, Borough 
 or Town orporate in Great Britain or Ireland, or 
 the Chief Justice or Judge of the Supreme Court 
 of any Colony. 
 
 The Registry Act of 1846 i2' permitted a decla- ^'^"•/^^ 
 ration to be su])stituted for sucb affidavit in cases 
 where, by law, a declaration was substituted there- 
 for. It also required the Mayor or Chief Magistrate Extended 
 in any City, etc., in Gr-at Britain or Irdand to ^^J^J^jfg" 
 attach the corporate seal of such City, etc., to the 
 affidavit; extended the authority of taking such 
 affidavits to the Chief Justice or Judge of any 
 Court of Queen's Bench in Lower Canada, the 
 Miiyor of any City, Borongli or Town Corporate 
 in any foreign Country, or any Consul or Vice- 
 Consul of Her Britannic Maje.sty therein. It was 
 a condition precedent to the registration of an 
 instrument upon an affidavit sworn abroad, that 
 the instrument to which the memorial related of plrty ^ 
 should be certified bv the official before whom^"^'"*'. 
 such affidavit was sworn, as that referred to in the 
 affidavit or affirmation. 
 
 By 12 Vic, cap. 77, the Judges of the Courts of ^ppoint- 
 Queen's Benck and Common Pleas were empowered Commis- 
 
 (1) Sec. a. 
 
 (2) Sec. 10. 
 
 
108 
 
 PROOF FOR REGISTRATION. 
 
 rcHiLP. VII. 
 L §43. 
 
 'it 
 
 Hi 
 
 18 Vic 
 c. 127. 
 
 26 Vic 
 .41. 
 
 oiTof" ^^ appoint such persons in Lower Canada as they 
 
 Province deemed proper to be ( 'ommissioners for receiving 
 
 c. 7?!° ' aflftdavits in Lower Canada, to be used in the Courts 
 
 in Upper Canada ; and affidavits of execution of 
 
 deeds, etc., sworn before such Commissioners were 
 
 sufficient for registration puri'oscs. 
 
 The 18 Vic, cap. 127, sec. 5, extended the 
 power to takf such affidavits to the Judge of the 
 Equity and District Courts of Lower Canada. 
 
 The Governor in Council was authorized by 26 
 Vic, cap. 41, to api»oint Commissioners for taking 
 affidavits in the United Kingdosu for use in Canada, 
 and that Act further provided tiiat affidavits taken 
 before such Commissioner or Notary Public, 
 Consul, Vice-Consul, Acting Consul, Pro-Consul, 
 or Consular Agent in foreign countries, should be 
 available for registration purposes. This Act was 
 repealed by 34 Vic, cap. 14, which transferred the 
 powers theretofore vested in the Governor in 
 Council to the Lieutenant-Governor in Council, 
 but contained similar clauses to those in the 
 repealed Act. 
 
 It will be observed that all affidavits taken before 
 
 a Notary Public must not t>n]y be signed bv him, 
 
 Notaries, j^^t \)q r^j^g certified under his official seal; the 
 
 ciiiVf same remark applying to affidavits taken before the 
 
 Miigis- ]\[avor or Chief Magistrate of a City, etc., who 
 
 must 1)0 must certify under the common st al of such city. 
 
 toViuler "^^' acknowledgment of a deed made in Great Brit- 
 
 s'^'^i- ain was in tiit- following form: — '" Be it remembered 
 
 that on i.^c., bifore me, T. G., Mayor of the Town 
 
 of Southampton, in England, personally appeared 
 
 il'C. &c. (iiven under my hand and seal the day 
 
 and year first above written," and signed by the 
 
 Mayor with a seal affixed, having the words 
 
 34 Vic 
 0. 14. 
 
 Affidavits 
 
 taken 
 
 before 
 
 will 
 Tl 
 shou 
 and 
 The 
 dent, 
 affida 
 officer 
 "A 
 (1)R 
 
 (2) C 
 
 (3) Ir 
 
 E., 458. 
 
CHAP. Vll.l AFFIDAVIT MUST BE EMDOBSEI) OB AXXEXED. 
 
 109 
 
 it- 
 
 ^' Southampton Villa" inscribed around what ap- 
 peared to be the City Arms ; it was held, that the 
 seal imported to be the corporate seal of the City 
 of Southampton, and not the private seal and that 
 therefore the acknowledgment was sufficient under 
 Eev. Stat. (N. 13.) c. 112. (I). 
 
 The provisions of this section as to affidavits of 
 execution made out of Ontario are merely ptrrmis- 
 sivc, and do not interfere with the rit^ht to adopt 
 the ordinary mode of proof, so that a de^-d c-secated 
 out of Ontario may be proved here by the subscrib- 
 ing witness in the usual way (2,i. Registrar 
 
 The Registrar has no discretion to receive one j;3creti.m 
 mode of proof and reject another (3,). '"^ '^J*''^* 
 
 It is essential that the affidavit should be en- several 
 dorsed upon, or be annexed to, every duplicate. It ^.^^f^ ° 
 is sufficient that it be endorsed upon or annexed Affi.iavit 
 to the instrument to be deposited with the Kegis-^j'^^^g^j 
 trar. At the same time it is more prudent to '>r an- 
 have the affidavit upon all, especially when the .^ 
 instruments are to be executed and sworn to out if oa or 
 of the Province, as the probability of at least one ^"^st^, 1 
 of the affidavits being j^roperly signed and taken ment 
 
 • 11 , , . deposited. 
 
 "Will be more cert am. 
 
 The party before whom the affidavit is sworn p^^^^ ^^ 
 should properly style himself, so that the Registrar in*? affi- 
 and others may ascertain if he be duly authorized. 5*o|,i,i be 
 The practice of abbreviations is not safe or pru- properly 
 dent. Where there was nothing to shew that an ' 
 affidavit was sworn before a duly authorized 
 officer, the Commissioner merely styling himself, 
 " A Commissioner, &c." Held insufficient (4). 
 
 (1) Re Veber v. Britain, 4 All. 330. 
 
 (2) Crockford v. Equitable Ins. Co..5 Allen (X. B). 651. 
 (H) In re Registrar of York, 3 U. C. R., 188. 
 
 (4.) Hirons v. the Municipal Council of AmherBtbarg, 11 T. C. 
 R., 458. 
 
110 
 
 PK(»(B yiB. la.rlsrHATIO!!. 
 
 [' 
 
 CHAP. VII 
 {4-1. 
 
 AffldftTJt 
 
 Rworn 
 before a 
 witness. 
 
 luterline- 
 iitioii 
 Bliould be 
 initialed, 
 
 Though 
 not neceS' 
 sarily. 
 
 Jurat. 
 
 WitnesBeB 
 compel- 
 lable to 
 make affi- 
 davit. 
 
 But whtre tbe c'r^iit-r-; of acknowleilgraent, 
 where the certificate :c .>.z of execution of a deed 
 was .subscribed "Gt-c .] ' LutLow," witbout and des- 
 cription of bis (tfiiciU- 'luj-u^tr-i'. eitber '>n tbe cer- 
 tificate, or annexed i; iia iu^nature : it was held 
 (Carter J. d'niHcut'temr 'iiiu: tthe Court woukl take 
 judicial notice thai i. inciDU named George D. 
 Ludlow was Cbirf 7v:~j'-- of tbe Province at tbe 
 time tbe deed upjtt^icvL -^\ ojive been executed, and 
 that it was comj^rtein 5;rTiie Rei^strar to recog- 
 nize tbe ceriificate u.* la. lariieatieated act of the 
 Chief Justice d i. 
 
 An aftj davit swotlIy" 'n*^ '^^' two witnesses before 
 tbe other witnesf- wui- iHiiE 6) be valid (2). Inter- 
 lineations should l»f iiiiii<E by tbe person taking 
 the affidavit, altbouri " le Taut of such initialing 
 does not necebsarij; l' ,ui uiie affidavit (8). It is 
 not necessary in afiidtTX-* -^worn under a statute 
 to conform to the ietmiu::iliiies rei quired by rules 
 of Court \A). NeT-eniitutK» x close adherence to 
 the recognized pratrUMi-:»iiLways advisable. Where 
 the jurat of an afeuLTE fciced that it had been 
 sworn upon a day wiiiiii iiiul not then arrived, it 
 was held that ih-e idiiiavic was a nullity (5). 
 Forms of jurats adajn-L ■:>;■ affidavits sworn out of 
 Ontario are giveu ii -^.Tuendix A, 
 
 44. Every BulmcriiHur vrnntaa ^iiail be eompellahle, when 
 nueeesarv-, hv order (if l ."uiiuf- if uiv of the Superior Courts or 
 County Ccturtf;. if- mai^ ufiiuuir >t proof of the exncuticju of any 
 instrument for thf )>uri"»r» li: T-ipsmition under this Act, and to 
 do all other Act? n«'<i6o4ir;< 3ir die -Hime purpose, upon being paid 
 or dulv tendered iiit T««i»iJiiiiiu? -ssDensea therefor. 31 V., c. 20, 
 s. 42. 
 
 (1) Watson V. Hay, ?. ILer-. »aft 
 
 (2.1 Eeid v. WhiteiMaiu Jl ir. 44H. 
 
 (3.) Leemiug v. MaTauuL ? 2 a.. :i76 ; Lyster v. Boulton, 
 5 U. C. R..«32 
 
 (4.) Mover ft al v. IteriffisoL --r li 7 C C. P. ,.521. See De Forrest 
 etal X. Bunnell, It) T. C i. JTI). 
 
 (5.1 In re E(d>ertBoii. T 1 2.. 212. See Babcock v the Town" 
 Bhip of Bedford, t T u 3 . nlT. 
 

 CHAP vn " 
 
 ■»7naa* 'II'Ioseixablc to makk akfipavit. 
 
 Ill 
 
 TheniutL wir^:?! of the Registry Act of 1840 ^''t"*^'"' 
 enaetfd tJUhl -tt^tsj memorial of a deea sliould l<e lui.ie 
 
 V --f-i:i»;si, one of wiioin was to be '''"'''''. . 
 
 K< f.'. Art 
 
 :■ "he execution of tlio deed, of is4f.. 
 
 ; ■ : --..ui. upon oatli, ' ' ' prove 
 
 - i . -• 'f'Uch ineinoriai." Tliiswas 
 
 ' . -perative upon tlie witness to •^'""'''^"V 
 ' us wdula 
 
 ■-•Lj iriidavit : and in a case com- i.c uii.Ut 
 ;i;t: 4e.:f:ion. it was held, that a*^**^""^ 
 ' - to compel an unwilling wit- 
 •: itiou of a deed and memorial 
 
 attest-.^d liT IV 
 one of the -v^' • 
 etc. " Out T 
 tlie signing !;•■ 
 construed uf 
 make tht u-- 
 ing wilLjij 
 mandauiu- v •. 
 ness to pniT-cr i,! 
 for registrr 1 , 
 This sectJC'ij : 
 rendering il '• 
 make any af: .,; 
 instrument :' : 
 
 lii (loulit upon the point l)vThi8 8ec- 
 CT Upon such a witness to muves any 
 HDof of the execution of the 
 •)• n purposes, and to do 
 such other net*- u.* m:tj be necessary for that pur- Yees must 
 pose, jirorided 1-- w drst paid or tendered bis^^*®"'^"- 
 reasonabie e: :- • - - -'.-r-t'^r 
 refusal to '• •_ 
 Superior or >_ . .^-r 
 It is presumed 'i.tr the Court would re(|uire the i" c'vii 
 same fees to l^r ja . c tendered as those payable ju!,';.' 
 to a witu{s? iu L i::^- or civil proceeding. 
 
 It will be ncnii^vHi -Lug this section speaks onlv,^^"*\'^®, 
 
 If a grantor should scrihing 
 
 .1 e witness?" 
 
 -ij in the presence ot a person 
 - xi witness, but afterwards 
 
 In the event of his,,. ., ^ 
 "- ordt-r of the Judge of a thi.se h1- 
 nrt can be at once obtained. ^^'i^^^s^^B 
 
 -" v.tne^a. 
 
 (if "'a Eubscr 
 execute the inrrc--./^ 
 who consents : i 
 refuses or ■nezj'.y.r.- :.i iubscribe his name, could 
 he, being a "w-j-Eri^f. though not " a subscribing 
 witness." be (•; i-;<:_-rd to do so, if the grantor, 
 relying upon tL^ ii.«^ntof the person, had departed 
 from the conntr^ i^d ..'ould not be easily reached, 
 in order to obiujs i re-execution of the instru- 
 ment ? It is eauiTrrxTil that upon the facts being 
 (1.1 ling.x .v:a.5am, 15 r. C R., 201. 
 
^mm 
 
 4. 
 
 112 
 
 PROOF KOU KKfUrtXnATION. 
 
 ffHAP Tll. 
 I 145 
 
 •aif-TiTi to the satisfaction of the Court, and it 
 
 iwui^ proved tluit tluj person was jjaid, or 
 
 Court -Vfuibrml his expenses, the Court would order such 
 
 compt; iwTitm to snl)S(;ril)e his najne as witness to tho 
 
 witiieH- *"iiijiTnnent : on the ground that bv such consent 
 
 MBucii "ti uft lie ;i»,'reed to fulfil the duties appertaininn; to 
 
 li nrneas, and by such conduct had caused the 
 
 j«iTifi to the instniinent to place themselves in a 
 
 nasti position than they would have occupied 
 
 inx for Ixia neglect or refusal. 
 
 Tlie penalty for disolxidienco to the order is an 
 
 Penalty 
 
 fordiB" . , ■, 
 
 beiiitnoi ittucjiment tor contempt (1). 
 
 U'tr form of affidavit and of Judge's order see 
 ii]]ifendix: A. 
 
 Afi&miJt iS. The proof may be either Ly (itlidiivit, or by afTirnifttion or 
 
 tioii or laetutation. wh.n by the litw of \]u; country where siuh jiroof i- 
 
 deciaui' ^azuiti. m itifirraiiiion or ilet'lnnitioii tiiay bo sulistitiiUMl fur au 
 
 lion ill issua-nt : ami the ReKistnir slmll receive such iiistruniouts ?o 
 
 oertaiu fjixroti without iiny other or further proof of their due 1 xecutiou. 
 
 oases. a:V\^ ■. 2l>, s. 43/ 
 
 Imp. Act 
 
 Prior to the statute permitting declaration or 
 
 ufiiTnution. the proof of a deed executed in Eng- 
 
 *^^iJ^'^ imd having been made under the Imperial Statutc- 
 
 to thi> .T.^ti, Wm. [V., c. 62, substituting declaration? 
 
 roTiBw ^ ;itfi(lavits, and such deed being presented 
 
 Har Dp^istration in this Province, the Registrar 
 
 js-inst-d to receive it. A marubimus to compel him 
 
 *ti iT-gister the deed in question was refused, on the 
 
 ^ond that the Imperial /Vet did not apply to the 
 
 By the Registry Act of 1840 (3) proof by decla- 
 jittion or affirmation was confined to cases where 
 "AiB instrument was executed out of Upper Canada. 
 
 ' tl Swaine et ftl. v Stone, 4 M. & S., 584 ; Black v. Lowe 
 r^l. feL.. 285 ; Ham v. Ham, 3 0. S., 176 ; Kegiua v. Allen, 5 P. 
 
 ,-a In ro. Lvona, 6. O. S., 627. 
 i.^ dec. 10." 
 
 Cottfiuer. 
 toiuBin.- 
 meni ex. 
 «uteii oa; 
 of Pn. 
 Tiuc< rn 
 Be;; Act 
 of 1841 
 
 'I 
 
CHAP. VII. 
 
 AKKIHMATION OR I)Kri.AUATI(tN. 
 
 118 
 
 Since the HeRistry Act of l*^^^;■; this distinetion has 
 been aboHshed (1). 
 
 The provision that a^rniation or (Itclaration 
 may bo substituted wlun it may be so sul)stitut((l 
 "by tht) hiw of the country whore such proof is 
 made" involves the (piestion whetlier such substi- 
 tution cau be made in Ontario, and if so, in what 
 cases. 
 
 The 49 Geo. 111., c. 0, after reciting that the 
 Menonistsand Tunkers.froni conscientious scruples 
 against taking oaths, were subject to nnich incon- 
 venience, not only to themselves and tlieir families, 
 but also to others reijuiring their evidence, en- 
 acted that upon every occasion that an oath was 
 required, or an aftirmation by a Quaker was 
 allowed, every Menonist and Tunker could make 
 the declaration or afhrmation mentioned in the 
 Act; and that such permission was to remain per- 
 petual and impliedly contained in every law there- 
 after to be enacted, relating to evidence or the 
 requirement of oaths. This permission to substi- 
 tute affirmations, &c., for oaths was snbsequontly 
 extended to matters connected with criminal pro- 
 ceedings, and Moravians were included in the 
 exception (2). 
 
 These statutes were incorporated in C. S. U. C, 
 cap. 32 (3), and are now included in "The Evidence 
 Act " (4). It would appear,therefore,that members 
 of the religious societies referred to are at liberty 
 to make afltirraations or declarations of execution 
 for registration purposes. 
 
 The statute, 34 Vic, cap. 14, having stated in 
 the preamble thereto that, "whereas it is expedi- 
 
 (4) Sec 44. 
 
 (1) 10 Geo. IV., c. 1. 
 
 (2) Sec. 1. 
 
 (3) R. S. Ont , c, 62, s. 12. 
 
 Dintinc- 
 tii'ii iitiul- 
 ihln'il l<y 
 Uti,'. .\it 
 of istiS. 
 
 Ill what 
 ciisi's liy 
 un'iiiiiii- 
 tiiiii or 
 (li'clarii- 
 tiiiM iiiiiy 
 Iio iiiiide 
 
 lllTC. 
 
 4y Gfo. 3, 
 c. C. 
 
 Mpiioiiists 
 auil Tunk- 
 crs. 
 
 MoraTi- 
 ans. 
 
 C. S.U. C. 
 cap. 3, 2. 
 
 Undaf 
 34 Vic. 
 cap. 14, 
 
 :l 
 
114 
 
 those to 
 whose re- 
 hgiouH be- 
 lief taking 
 fan OAth 18 
 contrary, 
 may affirm 
 or declare. 
 
 PROOF FOB REGISTRATION. 
 
 [' 
 
 CHAP. VI 
 {45. 
 
 Forms of 
 affirma- 
 tion aiul 
 declara- 
 tion muat 
 adluTO to 
 the seve- 
 ral stat- 
 utos appli 
 cable. 
 
 ent to permit any person who declares that the 
 taking of any oath is contrary to his religious 
 belief to make instead of such oath, a solemn 
 affirmation or declaration in all cascb where an 
 oath may be lawfully administered, proceeds to 
 enact that any person " required or desiring to 
 make an affidavit or deposition in any civil pro- 
 ceeding, or on any occasion otJu'v than a criminal 
 proceeding wherein, or touching any matter re- 
 specting which an oath is now, or may hereafter 
 be requisite by law, it shall be lawful for the Court 
 or Judge, or other presiding officer or person 
 qualified to take affida\i*s or depositions to per- 
 mit such person instead of being sworn to have 
 his or her solemn affirmation or declaration " in 
 the form provided for by that Act; such declaration 
 or aftirmation being declared to have the same 
 force and effect as if such person had taken an 
 oath in the usual form. 
 
 From a consideration of the foregoing enactment, 
 and reading it in connection with the preamble, it 
 is impossible to avoid the concUision that the same 
 privilege is intended to be afforded by the legisla- 
 ture to others who solemnly declare that the taking 
 ■of an oath is contrary to their religious belief, as 
 has been granted to members of the Quakers, Men- 
 nonists, Tunkers and Moravians, and that the 
 former are equally entitled to make affirmation or 
 declaration in lieu of affidavit. It is necessary, 
 however, that tlie forms of declaration or affirmation 
 adopted by the several statutes should bo strictly 
 adhered to, otherwise the affirmation or declaration 
 cannot be received. 
 
 In the case of Hillborn v. Mills (1), an affirma- 
 
 (1) 5 L. J. N. S. 41, but see contra, Wolsely v. Worthington, l'^ 
 I, C. R., 341, also '24 I. C.R., 369. 
 
f 
 
 5 
 
 (HAl'. VII 1 
 846. J 
 
 AFKIBJUTIOX UR DECLAKATION. 
 
 115 
 
 tion by a Quaker, commenced as follows : "I. 
 W. S. H, of, etc., do solemnly, sincerely and truly 
 declare and afiirm that I am one of the society 
 called Quakers," and then j)roceeded with the 
 subject matter of the affidavit; it was held not to 
 be in compliance with the C. S. U. C, c. 32, p. 1. 
 
 The " Act for the suppression of Voluntary and 
 Extra-judicial Uaths " tl), passed ex[)ressly for the 
 purpose of suppressing the then prevailing practice 
 of administering oaths and affidavits, voluntarily 
 taken and made in matters without the subject of 
 judicial enquiry, prohibited the taking of such 
 oaths, and required an affirmation in the form of 
 the schedule thereto. A proviso is contained in 
 that Act to the effect that it "shall be lawful for 
 any Judge, Justice of the Peace, Notary Public, or 
 other functionary authorized by law, to administer 
 an oath, to receive the solemn declaration of any 
 person voluntarily making the same before him in 
 the form of the schedubi to this Act annexed in 
 attestation of the execut'on of any written deed or 
 instrument." 
 
 It has been thought by some that this enact- 
 ment conferred the power to substitiu^ affirmations 
 for affidavits of execution for .egi'^'.ut!<^n purposes; 
 but, independently of fi'i ti^p' ;^ss proviso contained 
 in the enactment to tue -.il - ;t that nothing in the 
 Act should be construed as c ^itoiding to any matter 
 lying within the jurisdictio i of the several Pro- 
 vinces, it is clear that the Act cannot aflect the 
 question of proof under our Registry Lt w, as such 
 cases are solely within the jurisdiction of thd 
 Provincial Legislature. 
 
 ■10. None of the pers^ons authorized to take (ifl'uliivii;''. In- this 
 Act, shall take auy affidavit of the eiectition of any 'nstrncnent, 
 incase he is a party to suci. instrument; nor 'iiii 1 cny s'i'-h 
 
 (1) 37 Vic il>», cap. 37. 
 
 Declara- 
 tions 
 under 
 37 Vic, 
 cap. 37 
 p.) 
 
 Does not 
 apply to 
 proof for 
 registry 
 under our 
 Kogi.ftry 
 Act. 
 
 Part'«!<! 
 no', t.~' 
 uake atti' 
 Javiti. 
 
I'm 
 
 116 
 
 Witness 
 to sign. 
 
 PROOF FOR REGISTRATION. 
 
 c 
 
 CHAP. VII. 
 §40. 
 
 affidavit for the proof of any instrument executed after the first 
 day of January, one thousand eight hundred and sixty-six, be 
 taki'n from any witness, unless such witness has subscribed his 
 name in his own handwriting as such witness, 31 V., c. 20, s. 44. 
 
 Prohibi- In analogy to the practice of the Courts, which 
 tionasto (j^gj^ j^q^ permit an atBdavit sworn before the 
 
 taknig , 
 
 afiidavits attorney in the cause, his clerk or agent, to be 
 
 partes to ^^^^ in proceedings before such Courts, the Act 
 
 the instru- very properly prohibits any party to the instrument 
 
 aiogoustoto take any affidavit of execution, though he may 
 
 practice of (.Qfjje within the description of those mentioned in 
 the . , . 
 
 Courts, section forty-one ante, who are authorized to admm- 
 
 ister the affidavits of execution. This is according 
 to the well established maxim lying at the root of 
 our administrative justice, " AliqiUs non debet esse 
 Judex in proprUi caiisn, quia non potest esse judex et 
 pars'' {!). 
 Does not The prohibition, however, does not extend to the 
 witnesses, witnesses to an instrument, and therefore when 
 the affidavit of execution made by one of the sub- 
 scribing witnesses to a memorial was sworn before 
 the other subscribing witness, an objection raised 
 to the validity of the affidavit upon that ground was 
 over-ruled (2). 
 
 ^Instru-* From the latter clause of this section it is clear 
 ments ex- that all witnesses must now be literate, and that a 
 after Jan. marksman is an incompetent witness for the pur- 
 ist, 1866. pose of proving execution of an instrument under 
 literate, the Registry Law. As it applies only to the case 
 of instruments enacted subsequent to 1st January, 
 1866, it would appear that a Registrar is bound to 
 accept the affidavit of proof of any instrument, 
 tive only, executed prior to this date, though hereafter to be 
 registered, made by a witness unable to write. It 
 will be noticed that the witness must subscribe his 
 
 (1) Co., Litt. 141, a. 
 
 (2) Reid v. Whitehead, 10 Grant, 446. 
 
 Latter 
 part of 
 section 
 prospec 
 
''i I 
 
 CHAP, vn 
 547. 
 
 •1 PROOF WHERE WITNESS ABSENT, ETC. 
 
 117 
 
 name as witness to the execution of the instrument 
 before his affidavit can be taken. 
 
 47. Where the wituesses to any instru'nent are dead, or are . 
 out of this Province, or have become insane, i.li()tic, imbecile, or , .' 
 of unsound mind or undertitandin^!;, and whether so found by , 
 inquisition or not, or wherever any instrument, not by law requir- 
 iijf,' an attesting or subscribing witness thereto, has been executed 
 without any attesting or subscribing witness thereto, or in case 
 it is proved to the satisfact-'^n of the Judge in this section men- 
 tioned, that the place of abode or residence of such first above 
 mentioned witnesses is unknown, any person who is or claims to 
 be interested in the registration of tlie instrument, may make 
 proof before tlie Judge of any County Court in Ontario, of the 
 execution of sucli itiitrument, and upon a certificate (Hccording 
 to the form of schedule F to this Act), endorsed t)n such instru- 
 ment, and signed by sucli Judge, that tlie Judge is satisfied by 
 the proof adclnced of the duo execution of the instrument, the 
 R^'gistrar shall register such instrument and certificate. 31 V., c. 
 20, 8. 45 ; 3G V., c. 17, s. 1 ; 3<t V.. c. 25, 8. 5. 
 
 This section is loosely drawn. As an illustration 
 of this the section declares that where the witness 
 to an instrument requiring registration is dead, the 
 certificate of the Judge can bo obtained on proving 
 to the lattcr's satislaction that the place of abode 
 or residence of such deceased witness is unknown. 
 No provision is made for obtaining the certificate 
 wJK're the witness bpcomes blind after witnessing 
 the instrument. 
 
 There iiei.- , no provision made in the Registry No similar 
 
 Act of 171)-'', lOr tlie proof of instruments in the H'/i^jl.'j,'" 
 
 cas'j of death, absence, etc., of the witnesses thereto, ^'-'^ "^ 
 
 1795 
 the omission wa^ supplied in the Registry Act of 
 
 184(5 (]), which enacted that in case the witness un.ier 
 
 sliould be dead or permanently resident out of the ^\^'>^- ■^f* 
 
 of 184b. 
 
 Province, it should be lawful for the grantee his 
 heirs, executors, administrators, guardians, trus- ^''"?^ , 
 
 ' _ ' ' "' ' made be- 
 
 tees, or assigns, to make proof before the Justices fore Jus- 
 
 uf the Peace in General Quarter Sessions Assemb- (■y',j'',.i."i 
 
 led, of the execution of the instrument, and upon Q""\'t'"'' 
 
 a certificato signed by the Chairman, and certified 
 
 bv th'3 Clerk of the Peace, to the effect that a ^""6- 
 
 cate. 
 (1) SecU— C. S.U. C. ,c. 89, 5, 27. 
 
k 
 
 1 
 
 
 I 
 
 
 118 
 
 Uftually 
 endorsed 
 in the in- 
 strument. 
 
 Present 
 practice 
 introduc- 
 ed by Keg. 
 Act of 
 1865. 
 
 PROOF FOR REGISTRATION. 
 
 [ 
 
 CHU> VII. 
 
 §47. 
 
 Proof may 
 be made 
 before the 
 Judge of 
 any 
 
 County 
 Court. 
 
 The Judge 
 was re- 
 ijuired to 
 sign cer- 
 tificate in 
 presence 
 of County 
 Court 
 Clerk. 
 
 majority of the Magistrates present in such session 
 assembled were satisfied by the proof adduced, the 
 Registrar should register the instrument. Although 
 the Act did not require that the certificate should 
 be endorsed upon the instrument, it nevertheless 
 was always done in practice. This provision re- 
 mained unaltered until the Eegistry Act of 1865. 
 As it probable that instruments executed prior 
 to tlu try Act of 18G5, and rroof of the 
 
 execution if which had been made imder the 
 eleventh section of the Eegistry Act of 1846, may 
 be hereafter brought to the Registry Office for 
 registration, the form of the certificate generally 
 in use under that section will be found in the 
 Appendix A. The metliod adopted by the Registry 
 Act of 1846, proving too cumbersome, expensive, 
 and dilatory, it was abolished in the Registry Act 
 of 1865 (1), and proof allowed to be made before 
 the Judge of any County Court. 
 
 The distinction in the nature of the absence of 
 witnesses, namely, as to its being permanent, or 
 temporary was also done away with. The authority 
 granted to adduce proof was extended to any who 
 was or claimt'd to be interested in ilie registration of 
 the instrument. The certificate of the Judge, a 
 form for which was provided, was required to be 
 signed by him and endorsed upon the instrument. 
 
 By the form of the certificate referred to in the 
 Act the Judge was required to sign it in the pre- 
 sence of the Clerk of the County Court,who should 
 sign his name as such witness, and affix the seal of 
 the Court thereto. The provisions of the Registry 
 Act of 1865, were re-enacted in the Registry Act of 
 1868. The power of applying to the Judge of the 
 
 County Court for such a certificate, was further 
 (1) Sec. 46. 
 
 ni, 
 --le pi 
 
■4S'. 
 
 WHERE WITNESS BECOMES INSANE, ETC. 
 
 my 
 
 :lio 
 
 of 
 
 a 
 
 be 
 
 eut. 
 
 -stenJetl by the Act, 36 Vic, cap. 17, (1), to ilit 
 .laaes where the witnesses " have become or art- 
 aiwme, idiotic, imbecile, or of unsound mind or 
 imieratanding, and whether so found by inquisition 
 ir aot. or whenever any instrument, not by law 
 3K<[uiring an attesting or subscribing wituesh 
 luirfito, has been executed without any attesting 
 ir iul)8cribing witness thereto, or in case it it 
 nmved to the satisfaction of the Judge * ♦ ♦ 
 zuiz tlie place of abode or residence of such firsl 
 juiove mentioned witness is unknown." 
 
 Hhe form of the certificate was subsequently 
 t.neutled (2t, by dispensing with the same bein^: 
 -Hiiiind iu the presence of the Clerk of the County 
 'Cnia't: and it was provided that it should not be 
 itviHrwary that the signature should be witnessed 
 )" die Clerk or any other person, or that the seal 
 if die Court should be attached thereto. 
 
 Ike section of the Registry Act of IHOB.as amtnd- 
 ttuiias been included in the section under consider- 
 iron. The allusion contained therein as follows, "or 
 viHUever any instrument not by law requiring an 
 irTttsting or subscribing witness thereto, has been 
 eiiinuted. without any attesting or subscribing wit- 
 iK-»" is evidently foi ;he purpose of excluding 
 irim. tile operation of this section, the registration 
 if lav instrument which has been executed with- 
 Din oar attesting witness, but the vaHdity of which 
 UMTument depends upon an attesting witness 
 ■:ienito. A will executed in the presence of onlj- 
 uie witness could not, therefore, le registered 
 uuter this Act, not coming within tue definition 
 Ttiiirrad to in this section. 
 
 "lie giiraae " any person who is, or claims to be 
 
 (1) Sec. 1. 
 
 (2) 39 v., c. 26, «. 6. 
 
 aiii, iiifir 
 
 til" l.'nrt 
 
 jnai. 
 
 It-Jt Vt-f. 
 
 Pfwwr ■ Tit' 
 iatte: Vft- 
 
 ri3l-SlJ*tt 
 
 in wli Vic. 
 
 c t: 
 
 U•^•-3^i'^>■e•- 
 
 fen irna- 
 turi L- Jttt 
 ■witii-tisetL 
 hytl*t 
 CteO: ar 
 for tit- 
 iMia: a:zixe 
 Coirr :d 
 bt iittucii- 
 
 ■ lii5m»- 
 
 in ij^TT "t. 
 
 8ed." 
 
 "Wii( nirt- 
 bt tu^ laa- 
 l)ltfum». 
 
120 
 
 PROOF FOR REGISTRATION. 
 
 rcHAP. TIL. 
 
 Re ei edi- 
 tion held 
 inop'Ta- 
 tive in 
 England. 
 
 Other^vise 
 amler our 
 Aot tra- 
 ders ktiou 
 of oertifi- 
 cate. 
 
 Should be 
 apoii the 
 iiiistru- 
 ment 
 whioh is 
 to be de- 
 posited. 
 
 Expedi- 
 ency of fil- 
 ing: in Re^. 
 Office, the 
 affidavit 
 in which 
 certiricate 
 based, 
 
 Should be 
 
 annesHd 
 to iustru- 
 meat de- 
 posited. 
 
 Seal of 
 
 Court or 
 aeal of cor- 
 poration 
 with sig- 
 nature of 
 officer to 
 suffice for 
 registra- 
 tion. 
 
 interested in the registration of the instnsaieat," 
 will, of course, include the grantor, tLf Tenior, 
 and all persons claiming by, through v'T under 
 him (1). 
 
 It has been held, under the English jia.! Irish 
 Registry Acts, that where the witness*? m-? dead 
 or absent, a re-execution, in the presruot: >i>i a new 
 witness, for the pur]>ose of registry, -ri-old be 
 iuoperiitive (2) ; but there seems to l<e zi'" reason 
 why such a course should not be TatEl here. 
 Accov.' .g to the section, the certifieat.f fl:"ild be 
 endorsed upon the instrument, while ;r iL- .>t;her 
 haii'.l Hie fov'n of the certificate as c: iriiaed in 
 Scheduie Y ., contemplates the endorsii"i-:a oi the 
 certificate upon either the iustrumexil kaeU, or 
 upon a duplicate memorial or . copy, a* ithe case 
 may be. Should any difficulty aris^' m ^he con- 
 struction of the section and the form >:■: :>^nitioate, 
 the former must govern (8). 
 
 It is to be regretted that no provi?:''r. :f :j.ade in 
 the Act for the registration or filing :.z i-^-r Regis- 
 try OtHce of the proof adduced I'rf.je the 
 Judge. It is submitted that the jtSiavifc or 
 declaration used before the Judge on tmr applica- 
 tion for the certificate should be amaesed by the 
 Judge to the instrument, and filed ■wiiiii in in the 
 Registry Office; on the same princi] ]r tiliaC affi- 
 davits of execution are required tu i»r ead<)rsed 
 upon the instrument to be registereiS. in. 'jrder to 
 satisfy the public of the due execiit::^, rf such 
 instrument, and more particularly tLc>j.r ifected by 
 the title to the lands referred to in sueL instrument. 
 
 (1) Murphv T. Leader, 4 It. L, R. (Q. B.), 1H». 
 
 (2) Essex V. Jiaugh, 1 Y. & Coll., (C.C i(;2(>; I>:* L E^nnick ▼. 
 Armstrong, 1 Hud & BroH., app., 727 ; HoLhoms t. Hum ii ton, 
 1 Sch. & Lef. 207. 
 
 (3} See Boyle v. Ward, 11 U. C. R., 416. 
 
 The 
 Corporfl 
 * generj 
 de«d, (fo 
 under 
 affixed 
 suffices 
 
 The sei 
 over, be 
 ized to d 
 
 (1) See. 
 
 (2) R„|„ 
 
 (3) Com. 
 
 (4) Rex T 
 »o», 9 East 
 8C6. 
 
«si 
 
 CHAP. VII.I INSTRUMENTS UNbEB CORPORATE SEAL, ETC. 
 
 |<ta. J 
 
 48. The seal of any Conrt of Record affixed to any instniment 
 in writing, of itsslf, and the a^al uf aty Corporalion affixed lo 
 any «uch instrument with the gjgnatare of tha Secretary or pre- 
 siding officer thereof, shall be sufficient aTtdence of the due exe- 
 eution of the instrument by the Judpe. Registrar. Clerk or Officer 
 of the Court signing the same, or by the Corporation respectively, 
 for all purposes respecting tha regif.ration there<jf, and no fur- 
 ther eTJdence or verification of suah execution shall be required 
 for the purpose of registration. 3i V.. e. 2»). s. 46. 
 
 This section, so far as it applies to corporations, 
 was first contained in the Registry Act of 1846 (1), 
 and as to Courts of Record in the Registry Act of 
 1865. 
 
 The "Act and Warrant," mnder the Imperial 
 Statute 19 & 20, Vic, cap. 79', is capjible of 
 registration in this Province, although it contains 
 no attestation clause, no witness to its execution, 
 and is not under seal. This is by force of tht 
 Imperial Act, which declares that such an instru- 
 ment should be received in ail Courts and places 
 within England, Ireland and Her Majesty's other 
 Dominions as prima facie evidence of the title of 
 the trustee (2). 
 
 The affixing of a common seal to the deed of a 
 Corporation has a singular effect, for although it is 
 a general principle that delivery is essential to a 
 deed, (for it is not a deed without delivery, although 
 under seal (3),) yet the common seal being so 
 affixed is, of itself, tantamount to a delivery, and 
 suffices to pass an estate in all cases. 
 
 The seal must be dulj* affixed, and must, more- 
 over, be affixed by the party or parties duly author- 
 ized to do 80 (4). 
 
 (1) See. 29. 
 
 (2) Robson v. Carpenter, 11 Gr., 293. 
 
 (3) Com. Dig. Fait., A. 3. 
 
 (4) Rex V. Haughley, 4 B. 4 Ad., 650; Derby Canal Co. v, Wil- 
 mot, 9 East, 360 ; Hill v. Manchester Waterworks Co , 6 B. A Ad . 
 806. 
 
 9 
 
 121 
 
 Provision 
 as to cor- 
 poration 
 tirflt exist- 
 •il in the 
 Reg A«t of 
 184C, and 
 as to 
 Courts of 
 Recora in 
 Reg Act. 
 of 18U5 
 
 Act & 
 
 warrant " 
 Imp. Act 
 19.'20,Vio., 
 o.7». 
 
 Effect of 
 
 aflRxi'ig 
 
 common 
 
 Must be 
 duly affix- 
 ed. 
 
K 
 
 X22 
 
 PROOF FOR REGISTRATION. 
 
 fCHAP. vn. 
 
 L u^. 
 
 By iui- 
 
 thorizod 
 
 party. 
 
 Form of 
 
 Bcal. 
 
 What; 
 
 docmcd 
 
 sullicit'iit 
 
 seal. 
 
 A Corporation may adopt any seal (1), and can 
 only express itself through a corainon seal (2). 
 
 Where some of the parties executing a deed were 
 Corporate bodies, and the seals were all simpli- 
 wafer seals, it was held timt, in the absence of 
 evidence shewing these not to be tiie co porate 
 seals of the several companit-s. this was a sufficient 
 sealing on the part of such incorporated com- 
 panies (3"i. 
 to^vaihmy There are three requisites to render a Corporation 
 
 of deed iiy deed valid viz: — 
 by Corpo- 
 ration. (1). The resolution of the Board of Director.s 
 
 Rcsoiu- authorizing the sale, mortgage, or other disi)ositiou 
 
 tion of «• 1 1 1 
 
 Directors, of the property affected, and the execution of the 
 
 Oftic'cr np- deed by some otBcer or otHcers designated ; 
 
 mii.stose- (2). The officer directed to execute such deed 
 
 cute deed u^^mt ^q SO in the name of the Corporation, and 
 and amx '■ ' 
 
 seal must affix the Corporate seal ; 
 
 (3). The Corporate seal must be proved when 
 the deed is used in evidence. 
 
 The usual technical mode of executing the deed 
 conclusion £ Corporation is to conclude the instrument 
 
 of Corpo- '■ 
 
 ration wliicli should be signed by some officer in the name 
 
 SGfll 
 
 of the Corporation, in the following language, or to 
 the same effect : 
 
 " In testimony whereof the common seal of the 
 
 Company :s hereunto affixed, and A. B., 
 
 President of said Company, being duly authorized 
 on that behalf, hath set his hand and affixed the 
 corporate seal of the said Company.'" 
 
 The ordinary proof of the execution of a deed by 
 
 (1) Mill-dam Foundry v. Hovey, 21 Pick., R<?p. 417. Tones v 
 Galwav Town Council, 11 Ir. L. R. 435. 
 
 (2) Mavor of Ludlow v. Charlton, 6 M. & W., 823, per Rolfe B; 
 Rex V. Br'igpB, 3 P Wins., 423. 
 
 (3) The Ont. Salt Co. v. the Merchants' Salt Co., 18 Gr. 551, 
 See Hamilton v, Dennis, 12 Gr., 325. 
 
 Proof of 
 seal. 
 
 Technical 
 conclusion 
 
 Ordinary 
 proof of 
 
(HAr.viI.-! INSTRL'MEN- S UNDER CORPORATE SEAL ETC. 
 
 $48. J 
 
 128 
 
 deed 
 lament 
 name 
 , or to 
 
 I of the 
 A. 13- 
 lioriz''^^ 
 led the 
 
 leed by 
 
 Tones v 
 Rolfe B; 
 Gr. 5olt 
 
 a Corporation was 1)\^ showing that the seal on the f ^pcation 
 deed was the seal of the Corporation. It was not ritiou. 
 U6ual to give evidence of its havini: been affixed by 
 the Corporation, or by its authority di. Where 
 the seal of a Corporation has been prove*i bj sat- 
 isfactory lerjal evidence, the production of a d-^c- 
 uinent within the sci>pe of tlie i)owers of the Cor- 
 poration with such seal attached, is suffic-i-ntpW/zt'i ^, 
 jacic evidence of the proper execution of the doc- prima 
 ument (2). Except for registration pur[««>5es, a-'"*^'' 
 sealing alone by the Corporation is sutticient '3'.(jorp<jra- 
 
 A Corporation is not bound when the common seal""" '\*'*^'^* 
 ^ must be 
 
 is unduly athxed (4). si^at-.l. 
 
 It was formerly the practice to require the lessee P'^i'nier 
 
 1 ^ i- 1 i 11 practice of 
 
 under a Cor[) oration lease to execut-/ tue it-a»e. oUt-iecution 
 the ground that the affixing the ommon 5*-al io"^^-"^'^ 
 
 ° _ "_ ration 
 
 the memorial would not satisfy the wosds '"ban I Uaiies. 
 and seal" (o). The Registry Act, for the purj-c-se of 
 registration however, enacts that the seal of the 
 Court of Record, or of any Corporation, as the 
 case may be, affixed to an instrument in writing 
 shall, of itself, (provided that in the case of a 
 Corporation such instrument shall be duly signed 
 by the proper official therein named*, be- sufficient 
 evidence of due execution, and no funher evidence 
 or verification of such execution shall }»e required. Effect of 
 The efifect of this section is simply, for registration ***^ ^°'^' 
 purposes only, to dispense with the affidavit of ^j;^JJ^''^^^J 
 execution in the case of a deed under the s^al of affidavit, 
 a Court of Record, or of any Corporation. It dt>es 
 not do away with the necessity of a witness where 
 
 * 
 
 (1) Doe d. Bank of England v. Chambers, 4 A. A- E 41«>. mv 
 also Taylor on Evidence pp. 14, 159. 
 
 (2) Woodbill V. Sullivan.et al 14 U. C. P.,265; Fell t. Sio-Qtb.24 U. 
 C. R , 196. %, 
 
 (3) Doe V. Hogg, 1 N. R., 306. 
 
 (4) Bank of Ireland v. Evans, 33 Ir. L. A- Eq., Bep., 23. 
 
 (5) Rigge. 106. 
 
In 
 It . 
 
 124 
 
 PIKM* ff* lH(HPTBATtOW. 
 
 [ 
 
 CHAP. VII, 
 J48. 
 
 
 But not a q^q jg required. ll if 7rTT3er to have a subseribinc 
 
 witness. . ^ 1 " " r 1 . 
 
 Seal not ^itneBs to the sealiitq 3in zha common ueal is not 
 
 evidence per se eTidence of Hi- I'vn. tiithtjrity, but must be 
 proved ; altbuufrii ikc jutewl necessarily by one 
 
 By whom 
 
 seal 
 
 proved. 
 
 Signature 
 of officer 
 
 who saw it affixed or uQ:n*'«i<L bat by any one who, 
 from the motto or tnuir Di^nce, knows it to be the 
 seal which it j)urjtcrTi *i 1*1. 
 
 The signature uf titt iifiu'iui ^i^ing the instru- 
 executing ment should undoulTiAE.Tr be mtnessed by a sub- 
 should be scribing witnesB. £i^«<:uilly is this necessary 
 witnessed. .^jjgj.g ^^ certificaTrt of I'iHciiiir;^e of Mortgage is 
 executed by a (>Qr|»nri«aiii- £n this case if the cer- 
 tificate be simpK fliciHiL inil sealed, but not wit- 
 nessed, it will kr jxTiJil for registration pur- 
 poses. 
 Signa- The section relatrur III '-ertificates of Discharge 
 
 officers of of Mortgage recjur-ef iiitn diey should be executed 
 tion'exo- ^^ *^^^ presence of iini Timers, and an affidavit of 
 
 outing cer- execution should iHr nuiitj bv the subscribing wit- 
 titicatesof . /- r, -r ■"' i i • ,, ,, ■ 
 
 discharge ness. As Certiiicfait^t in Discharge derive all their 
 of mort- effect as reconvevauiii* if ciie legal estate, under the 
 
 gage must • n i 
 
 be wit- provisions of th<- liitnii^arr Jtct, they must be execut- 
 ed in strict confom-Ej aiereto. It is clear that cer- 
 tificates executed rj r.jrporations must comply 
 with the Act m& iiJJj lif diose executed by private 
 individuals, except ii. n) iir only as the statutory 
 requirement? apjwrswrunjr to such Certificates of 
 Discharge are rfiifc.set. jx avor of Corporations. The 
 present section difii«it«i* dimply with the affidavit 
 of execution beiiu: mufe.in the case of instruments 
 executed by Contorizumu. or by, or on behalf of a 
 Court of Eecord. ui'.!»iuciii^ in lieu thereof, the seal 
 and the signaturt if "aie proper officer, leaving the 
 requirement h& ii Ki5gacalaon as it was. Affidavits 
 
 (1; MnMS^damion 8 T. R. 303. 
 
 uessed. 
 
 be m 
 
 (h )).<<. 
 
 At 
 awiire 
 and 
 
 was 
 
 tl](JUfT 
 
 o 
 
 notice 
 
 ffcted 
 
 notice 
 
 nient 
 
 person 
 
 igatinr 
 
 notice 
 
 (1) St( 
 ton T. X; 
 notes to 
 
 
^m 
 
 CBAF. Til.* (V 
 
 or CHAXCERV PKOCF.EDING^. 
 
 ISf 
 
 of executiotj leii-r';&.en only dispensed with, a Cer- 
 tificate cf I •iS'.i:Lrz»^, ander the seal of a Corpora- 
 tif)n, must k;— •»- ^itntrs.ied by a subscribing wit- 
 ness, (aLf-nsiv -" Till be of no effect and the 
 Iiejjistrar Lai zi. _:'.v-r to receive or register it. 
 
 •It*. Certilicuv^ if 'iiini'tTT procpsdinps for repihtrfttioii may be 
 siRiU'd liy Lbt li»ipi»cr»r if ch*' r.)iirt. or by the Cle-k of Ufcords 
 and Wrilf or I* fc lunacy E»»«r-^trar. or \>y any ither otViciiil 
 Buthonzrtd \n tin '..lur^ •i) mra Che smiie; aiul siidi {'crtificutes 
 mBV be uudwib* wiu. if "^iie 'Jonrt. or un'ler the seal of oflice (if 
 ttijvi if thf ofQntir HiTKr.^ '^if -Jiune. 37 V., c. 7, a. 51; 40 V.. c.7, 
 Sched k i4^i *«r t.j«i &^. St^it. , c. 40, a. 89. 
 
 The certiii'-LV-r ii'tL-in referred to are generally 
 composed of %ti:>rri -rhii'h rehite to the filing of a 
 bill, or the tuln r ■ ' ir.y pr loeeding in the Court of 
 Chaucen-.iE-w- - ..or proceeding any title orin- 
 lerest in laii'if i. _ _: ; •; brought in question: and 
 also of certi&'jL'r* c decrees of foreclosure, decrees 
 or orderb ic hlTrt-.tij i!a.^rr!^, vesting orders, and gen- 
 erally every - 1 -.■■ 1 -cr-e in Chancery affecting such 
 lands. In ti.- •.• •.r. i-ration of this section, it will 
 be useful to T-ei-ir? •fiedy to the doctrine of lis pen- 
 dens, so far K- h LZ-.-iZi D^gistration. 
 
 At ont tini't -i'-cj person was presumed to be 
 aware of wLai 'y<:'i rL-ii'tr in the Courts of Justice, 
 and conseqiitrt.; i ^u:.' Laser of property which 
 was a subject :•:' Ir^^itiun, or p^'udente lite, even 
 though for TL:-.a":> •!onsi(i<tration, and without anv 
 notice, exjTt^r >r :r:p[ied. in point of fact, was af- 
 fected to the sl21t r :--nt as if he had accjuired such 
 notice ; and vi.* .uicoriingly bound by the judg- 
 ment or decT-e-- ^ '±e auit recorded against the 
 person from ^liici b.- derived title (1). Tlie lit- 
 igating }»arti-e* v-^r^ exempted from taking any 
 notice of thetrrit io icti^oired, '>nd such purchaser 
 
 |1) Story Eq. Mlfi^ -iiir-il t. Carpenter. 2 P. W. 482; Pres- 
 ton V. Tubbiii. 1 Ten. iSH : viarth v Ward, 2 Atk., 175. See also 
 notes to Lb Kevf x Iji.3f.tve. i W & T., L. C, 62. 
 
 Certifi- 
 cittefl in 
 Cliaiicery 
 fur Ilet'is- 
 try. Who 
 may sigD. 
 
 Certifi- 
 cates re- 
 ferred to. 
 
 "Pendente 
 lite, nil 
 inno- 
 retur" 
 
 Former 
 applica- 
 tion of. 
 
L 
 
 12C 
 
 PROOF FOU nKOISTUATlON. 
 
 [' 
 
 cukr. VII. 
 jty. 
 
 TTBU lot lYMpiired to I»g inado a party to tliu suit, 
 
 a-mriiiiiL; to tlu? maxim pendente lite, tiil tinioVitur. 
 
 Dill HOI [,j Uelhimv V. Sal)ine (1) Lord Cranworth. L. C. 
 
 anect pm .. . " 
 
 cliuscT «] -flail : — "Lt is scanu'ly accurate! to speak of lis pen- 
 
 ^^'*^" °' «<?!«. -JH ;itifi!tinj^ a purchaser upon tho doctrine of 
 
 iiiiiti-. aithouj^li undoul)tc(lly the huij,'uaj,'e of the 
 
 (fiiMTf often so descrihcs its operation. It affects 
 
 iiin. not because it amounts to notice, but because 
 
 'tie law does not allow to litij^ant i)arties, pending 
 
 ■tifc 'iiiLjation, riLjhts in the property in dis[»iife, so 
 
 Mir to [)re|udice the opposite party. If this were 
 
 auT.-io. there could be no certainty that the litiga- 
 
 nwn would ever come to an end. A mortgage or 
 
 ■atie made before a tinal decree, to a person who 
 
 liad ao mitice of pending proceedings, would always 
 
 '-TMuier a new suit necessary " (2). 
 
 Equitaoi- diougli tliis rule of E(|uitv is said to be har^li, 
 
 iiarxnorr j^' it imitates tlie Common Law, where, if lu a 
 
 witL tu. Tp.^! iictionthe defendant alienes, pending the suit, 
 
 Common . . 
 
 Ltm -tie jiulgment will overreach the alienation. Thu^ 
 
 fictfrof the Court, such as commitment of a ward- 
 
 aiup. and in a cause depending, are to be taken 
 
 iiDtice of by every one at his peril (3). 
 
 Et" was held that the doctrine of notice has never 
 
 jre-n carried to the extent of making a lis pcmUm 
 
 soiiatructive notice of a prior unregistered deed, to 
 
 tiSK't the purchaser under a registered deed (4j. 
 
 The doctrine being admittedly productive of 
 
 iv-"^i^. iianlships, it was enacted by the Act 18 Vie, cap. 
 
 filed 3io; L27. gg. 3 and -t, as follows : III " The filing of any 
 
 les^ eerta- >iil '>r the takiugof statute proceeding, in the Court 
 
 oat< rcf jjf Chancerv for Upper Canada, in which bill or 
 isterflc " 
 
 I) L D A J. o()6:2<;,L. J. Chy., 797. 
 
 li) biee Bishop of Winchester v. Paine, 11 Ves. 197 ; remark; 
 ot' trant M. R. 
 
 iSi EerbertM case 3 P. Wms,, 1J6. 
 
 « Storv Eq., § 40« ; Wyatt v. Barwell, 19 Ves., 435 ; Irons t 
 SLiweil. I Ves., 69 ; Wallace v. Lord Donegal, 1 Dr. & Wal.. 461. 
 
 dm- no: 
 conBtrU' 
 
 tlTt 
 
 notioi 
 
 B\l+- 
 Tic. 
 
 of th( 
 of sue 
 
 Thi' 
 which 
 ing in 
 Registri 
 Registri 
 the fori 
 
 These 
 Stat. U. 
 and 186 
 
 TheC 
 
CHAP 
 
 AP.f 1,1 
 
 519. J 
 
 t'EIlTIFICATES OK LIS PKNDF.NS. 
 
 12^ 
 
 proct't'din^^ jiny title or interest in IuikIh may l)o 
 brought in ([ucstion, .shall not be (leeraod notice of 
 such Hill or proceeding to any person not heinj,' a 
 
 nrty to such bill or procttMlin;.,', unless and nntil a 
 certificate shall bt* given by the lU'^^istrar of the said 
 Court of (.'haneery to some person demanding the 
 panie, in the form nii-ntiont-d in this section, and 
 registered in the JItgi.stry Otliee (»f the County or 
 Union of Counties in which the lands are situate, 
 the title or interest in which is (piestioned in snch 
 bill or proceeding. ''I certify that in a snit or t'-Jri" f' 
 l>roceeamg ni Chancery between A. Ji. and C. 1). 
 some title or interest is called in (juestion in the 
 lollowing lands, (stating them). Provided al- Notnoces- 
 wavs, that no such certificate shall be rcciuired to J""'l' 
 be registered in any snit or proceeding for fore- mo .suits. 
 
 'osure of any registered mortgage." 
 
 " IV. Every decree of foreclosure, and ^^(^t^J j^f^crees 
 other decree in Chancery affecting any title or tttLcting 
 interest in land, shall and maybe registered by,i,nyj,o 
 any person, in the Connty Registry Office, in the '■''fe''^'''''''*^* 
 County or Union of Counties where such land is 
 situate, on a certificate to be given by the Registrar 
 of the said Court, stating tlie substance and effect 
 of such decree, and the lands affected thereby." 
 
 This Act was amended by 20 Vic, cap. 50, sec.O, Amended 
 which provided that where a bill or other proceed- ^^^q '*^' 
 ing in Chancery is filed in the office of a Deputy 
 Registrar of the same Court, such Deputy 
 Registrar could grant the certificate referred to in 
 the former Act. 
 
 These enactments were included in the Con.C.s.u. c. 
 Stat. U. C, cap. 89, and the Registry Acts of 1865 iet'of^**^' 
 and 1868 respectively. 1^65 and 
 
 . 1868. 
 
 The Commissioners for the revision of the stat- 
 
 :IM 
 
128 
 
 PBOOF FOR REGISTRATION. 
 
 rcHlP. II 
 
 L H9. 
 
 Provisions utes have omitted them in the consolidation of the 
 
 contained ,-, . . 
 
 Itegistry Acts, and have transferred them to *' The 
 
 in R. S. 
 
 Ont,, 
 
 cap. 40. 
 
 County 
 
 Court on 
 
 Equity 
 
 side. 
 
 By whom 
 certificate 
 may bo 
 signed. 
 
 From 
 18 Vic, 
 c. 127 ncc' 
 
 Chancery Act" (1). 
 
 The former Registry Acts included certificates 
 of bills and proceedings taken in the County Court 
 on its Equity side. That jurisdiction has since 
 been abolished (2). 
 
 The Clerk of Eecords and Writs, Deputy Regis- 
 trars of the Court of Chancery, and other officials 
 authcrizedby the Court in that behalf, were sub- 
 sequently empowered to sif^n such certificates, in 
 the same manner as the Registrar: whicli certifi- 
 cates might be under the seal of the Court, or 
 under the seal of office (if any) of the officer sign- 
 ing the same (3). 
 
 Since the passing of the Act 18 Vic, cap. 127, 
 in order to affect a purchaser or subsequent in- 
 essary to cii^i^bi'ancer with notice of lis pendens, it 1ms been 
 
 register , , , . , ■' 
 
 certificate, requisite to register a certificate of Us pendens, in 
 accordance with the terms thereof (4). 
 
 The effect of a Us pendens, upon a person having 
 notice thereof is to render his title, in general, sub- 
 ject to the result of the litigation. It extends, 
 however, only to the rights in question in tlie suit 
 extend to wliicli require to be ascertained ; and it does not 
 ^eiMiot*^ ^VV^y ^^ ^^y other rights, though apparent upon 
 required ^he proceedings in the suit; such as the equity of 
 cated a defendant against a co-defendant, which is not 
 upon. required to be adjudicated upon for the purposes 
 affectT of the suit (5). A Us pendens, being only a gene- 
 
 (1) Re^. Stat. (Ont), cap. 40, 8. s. 90, 91. 
 
 (2) Law Reform Act of 18fi8. s. 4. 
 
 (3) 37 Vic, cap. 7, s. 51 ; 40 Vic, cap. 7, Sched. A. (42). 
 
 (4) Shallcross v. Dixon, 5 Jarm Conv., 493 ; Coote on Mtges, 
 383. 
 
 (5) Bellamy V. Sahine ante; Worsley v. Earl of Scarl)oroui,'h. 
 3 Atk. 392 ; see Tyler v. Thomas 25 Beav. 47. Bull v. Hutchins, 
 32,Beav.615, 
 
 Effect of 
 lis j)cn- 
 dens. 
 
 To what 
 certified. 
 
 Docs not 
 
wmmem 
 
 m 
 
 CHAP. VTI."! 
 
 »49- ^ 
 
 CERTIFICATES OF LIS PENDENS. 
 
 129 
 
 ral notice of an equity to all the ^^-orld, does not 
 affect any particular person with a fraud, unless 
 such person had also special notice of the title in 
 dispute in the suit il). The effect of the maxim 
 "pendente Hie, nil innovetitr" heing limited to the 
 rights and parties to that suit, it does not abso- 
 lutely annul a conveyance taken pendente lite. 
 Tlierefore a plea in bar to a hill by a purchaser 
 from the defendant, with actual notice, was over- 
 ruled i2i. Lis pendens iim\ it^^ effect upon subse- 
 quent purchasers and encumbrancers ceases upon 
 judgment or decree, although the judgment re- 
 mains be carried into execution (3) ; but the lis 
 jjcndens will not be vacated until all parties entitled 
 under the decree have received the benefit thereof 
 (4). If, after a bill is tiled and lis pendens regis- 
 tered, the office copy is not served within the time 
 allowed for service, the bill will he dismissed with 
 costs (5). 
 
 It will be noticed that in the case of a suit or 
 proceeding for the foreclosure or sale of a reg- 
 istered mortgage no certificate is required. 
 
 Where L. had created a second mortgage after a 
 bill had been fil'^d to foreclose a prior mortgage 
 upon the same land, wnieh was registered at the 
 time the second mortgage wns taken, it was held 
 tliat the mortgagee in such second mortgage took 
 subject to the lis pendens, even though service of 
 the bill had not then been effected, and he had not 
 been made a pai-ty to the suit ; and a bill filed by 
 him to redeem the prior incumbrance after a final 
 
 fl) Mead V. T.ord Ofsorr. .3 Atk., 24'2 : as to what ainountH to 
 jiendi'-ntf lite see .J n .son v. Garliii^-r, 11 Gr.,28. 
 
 (2) Metcalfe v. Pulv«-rt<^.ft, 1 Yes & P. 200. 
 
 (3) Jones V. Frost. L. R. 7Chv,, 773. 
 
 (4) Arnbery v. Thornton. C p" R., 190 
 
 (5) Somerville v. Kerr, 2 Chr. CLam., 154. 
 
 person 
 
 with 
 
 fraud. 
 
 Convey- 
 ance 
 taken 
 pendente 
 iite not 
 void. 
 
 When 
 effect of 
 Ha pen- 
 dens 
 ceases. 
 
 When 
 vacated. 
 
 Dismissal 
 of Bill for 
 want of 
 service. 
 
 No certifi- 
 cate nec- 
 essary in a 
 mortgage 
 suit. 
 
 Subse- 
 quent 
 niort- 
 ^'iiL'ees 
 take sub- 
 ji'ct to the 
 lis pen- 
 dens on a 
 jtrior 
 mortgage. 
 
m 
 
 ISO 
 
 PROOF FOR REGISTRATION. 
 
 rcHAP. TH 
 L §49. 
 
 foreclosure in such suit was dismissed witli costs. 
 (1). 
 
 Bv the Administration of Justice x\.ct (2) 
 
 the 
 
 Registra- 
 
 orders ami Common Law Courts are empowered to make and 
 other pro- i^sub orders setting aside fraudulent convej'ances, 
 
 CGGtlin"S 
 
 in Super- and lor the sale of the lands therein comprised, 
 loranil ^^^j^j ^^^^ qJ ^j^^ equitable interest of any judj;ment 
 
 and any rule or order 
 
 County 
 Courts. 
 
 
 debtor in lands; and any rule or order , or 
 
 summons to show cause granted by the C(-art or 
 Judge, containing a description of the land in ques- 
 tion, may, on production thereof, or of a duplicate 
 thereof, without proof of signature be registered in 
 the same manner and to the same effect as a lis 
 pendens may now be registered in the Eegistry 
 Office for the County or Division where the lands 
 are situate, and ujjon the discharge in whole or in 
 part of such rule, order nisi or summons, the rule 
 or order discharging the same, or a duplicate 
 thereof may be registered in like manner. 
 
 Adminis- It has been held, notwithstanding the provisions 
 trationof Qf ^^jg Administration of Justice Act, that a pur- 
 Act does chaser who had recovered judgment at law for the 
 vent^paitv ^^ount of a deposit, Oil account of a purchase which 
 from pro- ^a^ been rescinded, had a right to institute proceed- 
 Court of ings in the Court of Chancery to enforce his 
 Chancery. \[^^J^^ ijjg object being to obtain lis pendens which he 
 could not obtain at law, in order to prevent the 
 vendor disposing of his lands (3). 
 
 Where the certificate of Us pendens has been 
 registered, and«tlie bill is afterwards dismissed, it 
 is not necessary to obtain an order discharging the 
 certificate from the Registry. The registration of 
 
 (1) Robson V. Argue, 25 Gr. 407. 
 (•i) Rev. Stat (Ont.) cap. 49, s. 10 et seq. 
 (3) Burns v. Griffin, 24 Gr., 451. See Cochrane v. Franklin 13 
 U. C.L.J. (N. S.) yi. 
 
 Registra- 
 tion of de- 
 cree dis- 
 missing 
 Bill will 
 vacate lit 
 pendent. 
 
^ 
 
 CHiP. VII."] 
 
 §49. J 
 
 VACATING CERTIFICATES OF LIS PKNDENS. 
 
 181 
 
 the decree dismissing the bill being sufficient for 
 all purposes (1). 
 
 By the 28 Vic. Cap. 17, sec. 4, an order or de- 
 cree in alimony may be registered in any Registry 
 Office in the Province, and such registrtition shall, 
 so long as the ord^r or decree registered remains 
 in force, l)ind the estate and interest of every des- 
 cription which the defendant has in any lands in 
 the County or Counties where such registration is 
 ri:iado and operate thereon for the amount or 
 anounts by such order or decree ordered to be paid 
 in the same manner,and with the same effect, as 
 the registration of a charge of a life annuity creat- 
 ed by the defendant on his lands would ; and such 
 registration may be effecttd through a certificate 
 of the Registrar of the Court of such order or de- 
 cree. A certificate of lis pendens should not be 
 issued in a suit brought for alimony only (2). 
 
 A decree is not constructive notice to any per- 
 sons, who are not parties or privies to it; and 
 therefore other persons are not presumed to have 
 notice of its contents. But a persoaa who is not a 
 party to a decree, if he has actual notice of it, (as 
 by registration of the decree,) will be bound thereby, 
 and if he pays money in opposition thereto, he will 
 be compelled to pay it again (3). 
 
 Where a decree on further directions had been 
 registered against lands, and afterwards the original 
 decree was reversed on re-hearing, VanKoughnet 
 C. held that the order reversing the original de- 
 
 (1) Dexter V. Cosfcrd.l Chy.r,ham.22. see Graham v. Chalmers 
 2 Chy. Cham. 53. Pooley v. Bosanquet, 7 L. R. (Ch. Div.) 641, 
 Chilton V. Lee, lb. 
 
 (2) White V. White, 6 P. R. 208. 
 
 (3) Story Eq. §. 407 ; Harvey v. Montague, IVern. 57; Davis v. 
 Earl of Strathinore, 16 Yes. 419. 
 
 Alimony. 
 
 No certi- 
 ficate of 
 Us })fn- 
 deus in 
 s)iit for 
 alimony 
 only. 
 
 How far a 
 
 decree is 
 
 conclusive 
 
 notice. 
 
 Reversal 
 of regis- 
 tered de- 
 cree. 
 
" 1, ' ! 
 
 182 
 
 PROOF FOR REOISTRATION. 
 
 rCHAP. TII. 
 
 L S50. 
 
 Li in 
 
 Mode of 
 getting rid 
 of lis pen- 
 dens. 
 
 Registrar 
 to deliver 
 certitied 
 copy of 
 power of 
 attorney 
 registered 
 
 First al- 
 lowed to 
 be regis- 
 tered by 
 16 Vic, 
 C.187. 
 
 cree destroyed the lien (1). It was also held in 
 this case, that the Court cannot discharge the Us 
 pendens or an application for that purpose — the 
 mode of getting rid of it being by dismissal of the 
 bill. Under certain circumstances, the writ will 
 grant an order vacating the registration of the cer- 
 tificate of lis pendens, although the bill be not dis- 
 missed. As where a fictitious suit was brought for 
 the express purpose of registering a lis pendens to 
 prevent defendant from alienating his property be- 
 fore a judgment at law could be recovered, an 
 application to remove the bill of complaint was 
 granted upon the affidavits filed, sliowing direct 
 admission by the placing of the matter of the suit 
 for an early hearing (2). 
 
 For form of order vacating registry of certificate 
 see Appendix A. A Kegistrar is not obliged to 
 register a certificate of lis pendens, unless the lands 
 effected thereby are clearly mentioned therein (3). 
 
 50. Where ajjower of attorney or any substitution thereof is 
 registered, tlie llegistrar shall deliver a cerUfied copy or copies of 
 such power or substitution as may be required of him, and of 
 all tiie documents aforesaid connected with, or relating to tlie 
 same, umler his signature and seal of office, in which certifJcHte 
 he shall declare the time, place and other particulars of ret:istrii- 
 tion as in other cases under this Act, and he shall also declan 
 that the copy, which he so (delivers, is a true copy of the Power 
 or substitution, and of all the other documents connected with or 
 relating to the same of which th(?y 'respectively pm-port to he 
 copies, and that the originals have been duly deposited in his 
 office according to the statute in that behalf, 31 V., c. 20, s. 47 
 
 Letters or Powers of Attorney were first admitted 
 to registry under the Act, 16 Vic, cap. 187, sec. 7. 
 which provided, that whenever after the passing of 
 that Act, a deed or conveyance should be executed 
 under a letter or Power of Attorney from the 
 grantor or grantors, a memorial of such letter or 
 
 (1) Graham v. Chalmers, 2 Chy. Cham., 53. ■«« Dextw t. Cos- 
 ford 1 Chy. Cham. 22. 
 
 (2) Jameson v. Laing 7 P.R. 404, See White v. White. 6 P.R. 20H. 
 
 (3) In re Thompaon and Webster, 25 U. C. R., 237. 
 
jO. 1 
 
 POWERS OF ATTORNEY. 
 
 133 
 
 Power of Attorney might be registered upon i\n 
 iiune conditions as other memorials. Th 
 cap. 127, sec. 
 
 V*LII. 
 
 e ActiJl.i.-=^' ''^- 
 t HIT. 
 extended the registration of 
 
 Powers of Attorney, to those under which instriv- 
 menta might be executed out of the Province. Tite 
 memorial of the Power of Attorney was in either 
 .jatie required to be under the hand and seal of out 
 or more of the constituents, or of the constituted, 
 and attested by two witnesses, one of whom was 
 oiao to be a witness to the Power of Attorney. 
 
 These statutes referred only to Powers of Attor- 
 aey. under which " deeds, conve3'anceB and 
 lasurances " were executed ; those under whicL 
 tiacharges of mortgages and other "instruments," 
 were to be executed were first expressly provided 
 Sir by the Registry Act of 18G5; the forty-seventi. lt«- Act 
 section of which Act is identical with section fifty "^ 
 of the present Act. 
 
 This section is designed to meet the inconven- !>»»«>« ,f 
 lence experienced prior to the Registry Acf**^'"**^ 
 of L86o, when the Power related to lands lying 
 !2L different Counties or Registration Divisions ; in 
 iuch a case, as the Power would be registered in 
 one County or Division, a fresh Power had to be 
 ihtained sometimes at great trouble, in order "to 
 •ssnster the same in another County or Division. 
 
 The word "aforesaid" in the fourth line from th< 
 Top of the section, although appearing in the lieg- ^■''™*^ 
 .Bvcy Acts of 18()5 and 18(58, should be expunged, efsti.n, 
 )tiinq evidently an error overlooked. 
 
 The privilege hereby conferred, of obtaining as 
 nany certified copies of the Power as the partv ^--ftiaed 
 msiiHtering the same may desire.facilitatee the reg- i-flwa:: 
 titration of the Power in other Counties or Divifr- 
 -una.aa provided for in the two following sectionti. 
 
 Et will be noticed that the Act provides for the 
 
k 
 
 ^ 
 
 134 
 
 Certifieil 
 copies ef 
 other doc, 
 uments. 
 
 Confused 
 
 liiujjuau'e 
 of section 
 
 PROOF FOR REGISTHATIOK. 
 
 "CHAP. TH. 
 
 What if 
 copies of 
 other iu- 
 strnmeiits 
 are not re- 
 i^uired ? 
 
 Intention 
 of the 
 
 Letzisla- 
 ture. 
 
 Strained 
 construc- 
 tion to 
 hold that 
 copies of 
 other doc- 
 aments 
 
 delivery by the Registrar to tlie partT reMking the 
 same, in addition to the certified copj :: : - ies of 
 the Power, certified copies of the dotnr-rass con- 
 nected with or relatinj^ to the Powtr. jr--famably 
 of those instruraents executed there'DDdrr. 
 
 Tiio hmguage of the section, in Fi>e.atHm:^ of the 
 contents of the certificate to be given lli-rrtander, 
 is not very clear or distinct. It assumf^ chat the 
 party ol)taining a certified copy of liir Po-wcr is 
 also obtaining a certified coi\v or coj'iff ::' the in- 
 struments connected tlunvwitli ; as the 'f-ra ideate. in 
 addition to the otlier information ■asaflJT.^:^ataiae(l 
 in other cases under the Act mii>i uajlade a 
 a declaration by the Piegistrar that tht- (M>pv de- 
 livered by him is a true copy, not onlj oiif me Power, 
 but also of the other documents, etc.. ai&l fihac th^^ 
 originals have been duly deposited, ■elic. 
 
 If the party requires and obtains S'f^eniiied copy 
 of the Power only, and does not reqnia-f i etrtided 
 copy of the other documents conneetitil with such 
 Power, in what form shall the lifgi^trnr icive his 
 certificate ? 
 
 The intention of the Legislator-r most be 
 gathered from the whole statute, "wii-fire^ in any 
 particular section it is not clearij (Jiseemible. 
 Under the twentieth section of this Atflt the Eeg- 
 istrar is empowered to grant certi£til eijpies of 
 registered instruments "when requixfil and upon 
 payment of legal fees;" and undenLc Tsrenty-first 
 section, he is to furnish such copivi- -i re-j^aest of 
 any person." 
 
 It would be giving a strained and uraimrary con- 
 struction to this section to hold, thai sa the form 
 of the certificate to be given by the Bff-,fi5trAr im- 
 plies that when a certified copy of tin* Power is 
 given, it should be accompanied by a lOtiltiiied copy 
 
 stiti 
 
 orif, 
 othei 
 HI V 
 
mmm 
 
 m 
 
 cnAP.TII.-| COPIES OF POWEBs OP ATTORNEY. 
 
 §51. J 
 
 135 
 
 of every instrument connected therewith, a copy of™"!"*',"' 
 
 ** ... varmblv 
 
 every instrument registered in th^ office, and ex- accom-" 
 ecutecl under such Power, should invariably ac- J'j"^^^'^^-^ 
 company the copy of the Power. 
 
 Section fifty-one jx/sf forbid.s such an interpre- 
 ation as it refers to therefristratiouof the copy of the 
 Power onlv, aiid d ^es not extend to the registration 
 of tlie accompanying copies of instruments con- 
 nected therewith: which indeed it could not do, as 
 the instruments rt-ferring to lands situate in the Di- 
 vision where originally registtrc<l and generally to 
 such lands alone, could not be received for registry 
 where the lands do not lie. 
 
 It is clear, therefore, that a certified copy of the \mcnd- 
 Power alone can beoljtained.and that the certificate !,ec"i..n' 
 then must refer to that alone. It wiiuld be more sat- uesirable. 
 isfactory, however, if this section were amended, 
 so as to remove all doubts by striking out the 
 word "aforesaid" above referred to: bv inserting 
 the words "if required"* after the word "same" in 
 the fifth line from the ton: and by stating more 
 clearly what the certificate sLonld contain. 
 
 A form of the certificate under this section will 
 be found in Apnendix A. 
 
 51. Every such certified copv wb«>e the orijrnal Power or sub- ,. 
 
 stitiition is deposited as aforesaid, mar he rf^?i>tered in ai'v other 
 
 Use and 
 
 l{e«istry Office, by dejioi^it tberwif. withtjat pnxiiicti.in "of the *- , ^ °|^. 
 original Power or .substitutiou? and wiiLont proof of any kind, ^"^ 
 other than the production of the topr so eertitied as afure.said. copy. 
 
 31 V. c. 20, s 48. 
 
 This section dispenses with any proof of execu- Effect of 
 tion of the original Power, bv authorizing the rca-^^^^^^^' 
 istration of the certified copy uix)n the mere pro- 
 duction of such copy. The effect of such certified 
 copy is, for registration purposes, analogous to the 
 case of a Record, which, when used as evidence, 
 proves itself. 
 
186 
 
 To be pri- 
 ma facie 
 evidence. 
 
 Rev. Stat., 
 c, 62, 8.46. 
 
 Evidence 
 of the 
 execution 
 of original 
 Power. 
 
 Ten days 
 notice. 
 
 FBOOF FOR REGISTRATION. 
 
 '"CHAP VII. 
 Li953, 53.54. 
 
 Registry 
 of instru- 
 ment in 
 several 
 Registry 
 OfficcB. 
 
 Eegistra- 
 tion of 
 notarial 
 copies oi 
 instru- 
 ments ex- 
 
 52. Every such certified copy of a Power of Attorney or sub- 
 stitution entitled to \x- received in all cases in place of the original 
 an prima facie evidence of the original Power or .substituton and 
 of due execution, provided that notice has been given in the manner 
 set forth in section fortv-sis of the "Evidence Act." 31 V. c. 
 20, s 19. 
 
 Not only is the certified copy of the Power en- 
 titled to be received and registered by the Registrar 
 of another County or Registration Division upon 
 its mere production, but provision is herein made 
 for its reception in all cases in place of the original 
 Power.as prima facie evidence of such power and of 
 its due execution ; provided that the party desiring 
 to use such certified copy in lieu of the original 
 Power gives notice to the opposite party, at least 
 ten days before the trial, of such intention and such 
 opposite party neglects to intimate within four 
 days after receipt of the notice that he disputes the 
 validity of the original Power. In case such inti- 
 mation is given within the four days the certified 
 co^jy cannot be used (1). This section appertains 
 rather to the department of evidence than to that 
 of registration of documents. 
 
 53. Where it i.s desired to register an instrument, other than 
 a will, in more than one Registrj- Office, the same may be regis- 
 tered in like manner as is provided as to Powers of Attorney by 
 sections fifty and fifty-one of this Act. 39, V. 25, b 6. 
 
 The facilities granted under the preceding 
 section for the registration of Powers of Attorney 
 in more than one Registry' Ofiice, were extended to 
 the case of all other instruments, except Wills by 
 the statute, 39 Vic, cap. 25, sec. 6, from which 
 this section is taken. 
 
 54. Every notarial copy of any instrument executed in the 
 Province of Quebec, the original of which is filed in any notarial 
 olBce according to the law of Quebec, and which cannot therefore 
 be produced in Ontario, and every prothonotarial copy of any 
 instrument executed in Quebec shall be received in lieu of and as 
 prima facie evidence of the original instrument, and may be 
 
 (1) Rev. Stat. (Ont ) chap 62, sec. 46. See page 57 ante. 
 See Canada Permanent L. Jc S. Co. v. Page, 30 U. C. P. 1. 
 
T"»: 'Ti'T 
 
 "^If 
 
 m 
 
 CHAP. VII. ■; 
 
 154. J 
 
 NOTARIAL COPIES OF INSTRUICEXT. 
 
 187 
 
 rogiHtered and treated under this Act for all pnrpoMSM if it were ecated in 
 in fact the original instrument, and such noUiTial or ptotho- Quebec, 
 notarial copy shall be registered without acv other or farther 
 proof of the execution of the same, or of the oricmal thereof, 
 with the seal of the notary or prothonotary attacL«i. J4 V., e. 25, 
 s. 2. 
 
 Accordiuc to the laws of the Province- of Quebec, Execution 
 
 of deeds 
 
 deeds, conveyances, assurances and all other according 
 instruments affecting land are drawn before and^A^^^jJ^^ 
 signed by Notaries Public, a profession distinct from 
 that of Advocates. The notary files and retains 
 the originals in his office, keeping an official index 
 thereof, and numbering the several instruments in 
 the order that they are drawn and executed before 
 him. Certified copies of such instruments are by 
 the laws of that Province made authentic evidence. 
 Upon the death of the Notary Public. Lis heirs are 
 by law required to deposit the original deeds filed 
 by him in Court, whence copies or extracts certified 
 by the prothonotary of that Court may be obtained. 
 The duties of a notary in respect to instruments 
 drawn before and passed by him are defined by 
 the Act, 33 Vie, cap. 28, (Q.) ; and as it may be33 Vic, 
 found convenient to refer thereto, the leadicg pro-*^ 
 visions of that Act are briefly summarized as 
 follows : 
 
 The Acts relating to Notaries Public have been 
 since consolidated and amended by 39 Tic. c. 33 
 
 All instruments must contain the name and place Contents 
 of residence of the notary, together with the names, menfs.'^* 
 additions and residences of the witnesses, and the 
 day of the month and year when passed sec, 29). 
 
 They must be written in the same handwriting ; How wrlt- 
 the names, surnames, additions and residences of *'^°* 
 the parties to the instrument and witnesses thereto, 
 amounts and dates must be set forth at length. 
 powers of attorney, under which a partv contracts, 
 10 "^ 
 
mi 
 
 188 
 
 Hl(»[» wiH 3H(«HT!UTI<)!». 
 
 rCHAP. VII, 
 L 164. 
 
 How exe> 
 outed. 
 
 Marginal 
 notes and 
 additions. 
 
 No inter- 
 lineations 
 allowed. 
 
 In what 
 cases orig- 
 inals need 
 not be 
 filed in 
 notary's 
 office. 
 
 must be antM^*^8 ii •&» minute, unless executed 
 before a notarr. uuc )« «iificiently described in the 
 minute, whitdj muic iciCrf tiiat it was read to the 
 parties. Blani: iirrn^ amy be used, but the blank 
 spaces must \tt iilmL jl Tith. a heavy stroke of the 
 pen (sec. 80 1, 
 
 Tl)e instrumsin hhhc be 9i<^ed by the parties, 
 witness and uoturr 'liiH laat making mention of 
 such fact at ihir mxt if the instrument. If any 
 parties are miaiut ■si mm, the notary must also 
 record at the earn ic int instrument, a declaration 
 of such inabiiirj bhi. ;1I . 
 
 Notes and adfiiiinitf ^th the exception of those 
 hereinafter moioimi^t. axe to be written in the 
 margin, and sigrH^c ir naragraphed as well by the 
 notaries as by -im gartiea ; otherwise such notes 
 and additions wil 'i« aiiiL Where the length of 
 the note requires j: ii be carried to the end of the 
 instrument it musL. jx atioition to being signed or 
 paragraphed b£ larrisaiii, be further expressly 
 approved of by tah larnes, under pain of nullity 
 (sec. 32^. 
 
 No words are tr in ^vncten over or interlined, nor 
 can additions \n mute m the body of the instru- 
 ment. "VJTorclF erui^i are to be erased in such a 
 manner, as to sxuiiin die number of them to be 
 established in liif^ Tnurgin of the corresponding 
 page, or at tbe enc if "aie instrument, and approved 
 of in the same mtamir an marginal notes (sec. 33). 
 
 There mar bt €£aniEe<£ and delivered on demand 
 of the parties., m. 'imp-nta, singly, or in duplicate, 
 life certificates, lanuil releases, procurations, 
 powers of attamfj icts of notoriety, discharges 
 of rent or farm thhl if salaries, of arrears, of rent 
 Qt pensioBf, Dniuosiiina or agreements purely 
 
11 
 
 
 ■WB.LZ '.sbtCvalh xxed not be filed. 
 
 189 
 
 perBcmal. 'uxii*^» tikt^ir effect is to be perpetual, and 
 paBS fron; lii* M:c!nn<iUn;T parties to their heirs, or 
 reprewDtatnx*^ : ieiilarations, notices of family 
 councik. ajfrinanents and reports of experts, 
 atteptatiorif. Li-HtTowaia, releases, discharges in 
 respect of jUkZun And movables, and other docu- 
 ments, tbt fSiiK TTtiereof must not be perpetual, or 
 which do ncn ^-jciirm or discharge the effect of a 
 deed es.ecut*i -f^. rm-nute (39 Vic, c. 33, 8. 63). 
 
 The right li *'wcutin<» copies of a minute shall Right of 
 be exclusiTf-JT T-wicai in the notary or prothonotary ™^'°*5 
 who is in 5:»crt«.*?**aim thereof. But any notary may 
 execute a r:»i7 :c in.7 act which shall have been 
 lodged •with i-iL hi i minute (sec. 36). 
 
 Notariefi mnffl 2j:t permit any minute to go out Notary not 
 of their passfcsa.c- *:teept in cases provided for by *° P**^ . 
 law, and in -nrun of a judgment. In such cases utes. 
 they must drav ip xnd sign a facsimile of such 
 minute ; whicL tSer being certified to as correct 
 by the Jndjcfe ur jrichoaotary of the district, is to 
 be substitnled 5'jr iwzh minute, until the latter is 
 restored on pujHiaii of his fees (sec. 37). 
 
 Instrument* :(t.*:reii before a notary must be Number- 
 numbered V.Olii^.t-ZZl-'iiv sec. 38). inginstra- 
 
 * ments. 
 
 Notarif g. ^ian r^'imred, must deliver certified Certified 
 extracts from tiitir nxjiutes : and prothonotaries of*^*''^*'' 
 the Superior O.rzn. may deliver extracts from the 
 minutes la^wfu^j n i±Letr custody and possession, 
 which certified -t-nracti shall be authentic evidence 
 of their conteirt*- TntiL proceeded against by im- 
 probation. TiHr 'MrrsAed extracts are to contain 
 the date, n&tMTi li ieeii. christian and surnames, 
 addition, piftiit a: abode of parties, place where 
 the deed paB&ed. ii«i name of the notary receiving 
 the same, Ibt .fej^zsti purts of the instrument at 
 
M . 
 
 uo 
 
 PROOF FOR REGISTRATION. 
 
 [ 
 
 CHAF. rn. 
 
 'i ' 
 
 RiThtF. c 
 purciia- 
 
 «7- 
 
 ffail lenj?th, and the day upon which the extract is 
 
 iwhvrod (sec. 41). 
 
 Minnt*' Clie minutes and depositories of any notary 
 
 an> Notj. tjiini; since the 24th of Fohruary, 1868, or who 
 
 rv d^-m; ^^^ re9i''neil, or desires to retire from practice, or 
 
 aitPT }■ (H ..... 
 
 iw, W6^ t-av-e.s his jiiilicial district may, hy the permission 
 
 <il the Lieutenant-Governor in Council, duly an- 
 aoimced in the Official Gazette, and with the con- 
 aftntof such notary, his heirs or representatives, be 
 rrauaferred to another notary resident in the same 
 Tiiace. or within twelve miles thereof, hut within 
 tlit -.ame district (sec. 42). 
 
 Tile purchasing notary and his successors ob- 
 Tiimni^ .Huch minutes and depositories, may deliver 
 ';trtiiied copies thereof, signed and certitied, which 
 copies .shall be authentic evidence thereof; provid- 
 ^ tiiufc in certifying he mentions the date of the 
 Order in Council under which the minutes pass- 
 ed into his hands (sec. 43). 
 
 Unless an Order in Council has been obtained 
 mder section forty-two, the minutes of any de- 
 'f^ased notary, or of one becoming incapable of 
 tcting or refusing to act and to deliver copies of 
 -lis, notarial deeds, or who has been interdicted, or 
 of hupe-. "E-moved from office, or left his domicile, or desirous 
 ior Caar.,,j vyithdrawing from practice, or is incapable of 
 jiractice, or is declared so to be, shall be deposited 
 \jv him or his heirs or legal representatives in the 
 ijffice of the prothonotary of the Superior Court ' 
 the district in which such notary resides or resi 
 ^sec. 48). 
 
 (}n resuming practice such minutes so deposited 
 "Wiim inil be restored to him (sec. 49, ss. 4). 
 
 TetnnMu Copies of the minutes so deposited, certified and 
 J rotnan- agned by the prothonotary having the custody 
 
 and a- 
 poBUcrie 
 muB: B' 
 
 ■witi: cr- 
 
ited 
 
 (HAP. VII. 1 
 
 NOTARIAL COPIKS A« KVIDENCK. 
 
 141 
 
 tliirc of, shall be nutli<'ntic, mid be received in evi- tarml 
 deiice in the same manner, and to the same extent, 
 as if sij^ned and certified to by the notary who 
 passed the minutes. Dcixisit of 
 
 Under the Act 1:M4, Vic., chai.. •^^. "^ nises™''^'' 
 nrisiii;^ under section forty-two of the above recited ijoiml i){ 
 Act, the nnnut<-s were recjuind to l»e (hposited witli 
 tlu' Board of Notaries, and certiliid coi)ies of such 
 minutes were dehvcred by the St'cretary of the 
 Board, which copies were authentic. This prac- 
 tice continued, until, by the Act 20, Vic, cap, 14, 
 (Con. Stat. L. C. cap. 7Hi it was provided that the 
 minutes should be deposited with the prothonotary 
 of the Superior Court as set forth above. Trnnsmit- 
 
 By section forty-seven of the Act 38 Vic, cap. 2H\f ^"P"""' 
 (Q.) the notarial documents and papers transmitted to rfinaiu 
 by the Jjoard of Notaries to the prothonotary of the j-ecords. 
 Superior Courts were declared to remain as part of 
 the records of the latter ottice. Notftriai 
 
 Under the Act 34 Vic, cap. 13, sec 3 (Q.), every ^j',;*',!;"^ 
 copy certified by a notary of any document annex- ;"■"«« 
 
 fti cif*. 
 
 ed to the minute of one of his acts shall he prima\,rc,oi. 
 facie proof thereof, and be considered as authentic. " Min- 
 
 The word ''minutes" mentioned in the Acts"*^^" 
 above referred to means the originals. copies of 
 
 In addition to notarial minutes deposited with^^ 
 'rothonotary he delivers and certifies to copies 
 of probated wills which i)ave been made before 
 wit' sses. or in holograph form, and also of all 
 other documents of record in the Supreme Court. Scalof the 
 
 It is to be noticed that the seal of the notary or^*'*'*'"-^' 
 
 . "^ etc , must 
 
 prothonotary I': necessary to be annexed to the be affixed, 
 certificate nnd^ r this section. 
 
 A certified copy of a power of attorney to convey power of 
 lands from the deposit of notarial records in the '^"''.''2'*'7 
 
 '■ certified 
 
 
ITFT' 
 
 142 
 
 by Bofird 
 of Notar- 
 ieH admis- 
 sible in 
 evidence. 
 
 Notarial 
 copies evi- 
 dence 
 under 
 "The Evi- 
 dence 
 Act." 
 
 PROOF FOR REGISTRATION. 
 
 rcHAP. VII 
 
 L §94. 
 
 Effect of 
 notic(! of 
 unregiH- 
 tered no- 
 tarial 
 copy. 
 
 Word 
 " nirty " ii: 
 section is 
 really im- 
 perative. 
 
 Province of Quebec, under the corporate seal of 
 the Board of Xotarie.s of Montreal, is admissible in 
 evidence ; it being presumed that such power of 
 attorney, though not in itself an official document, 
 came officially into the hands of the notary, among 
 whose records it was found (1). 
 
 Under the thirtv-second and thirtv-third sections 
 of the "Evidence Act" (*2; a notarial copy of any 
 notarial act or instrument in writing made in the 
 Provinco of Quebec before a notary, filed, enrolled 
 or enregistered by such notary is receivable as ev- 
 idence in any judicial or other proceeding either at 
 Law or in Equity in this Province in lieu of the orig- 
 inal, and will have the same effect as if the original 
 were produced ; but may be rebutted or set aside 
 upon proof that there is no such original or that 
 the notarial copy is not a true copy of the original 
 in some material particular, or that the original 
 is not an instrument of such a nature as may, by 
 the law of Quebec, be taken before a notary, or be 
 filed, enrolled or enregistered by a notary in Que- 
 bec. 
 
 It is conceived that, in analogy to the provisions 
 of the Evidence Act, the effect of the registration 
 of a notarial copy registered under this section 
 can be discharged, and the priority gained by such 
 registration be set aside, upon the same grounds as 
 in the case of other documents. 
 
 Notwithstanding tht- word '•may" in the seventh 
 line from the top of this section, the Registrar is 
 obliged to register such notarial or prothonotarial 
 copy, the option of registering such copy being 
 confined to the party desiring to register. 
 
 ;i) (Jray et al. ^ McMillaii, 5 U. C. P., 400. 
 
 (2) Rev. Stat. (Out.) cap. 
 
 62. 
 
CHAP. VIII." 
 
 J55. J 
 
 REGISTRATION AT FULL LENGTH. 
 
 143 
 
 CHAPTER VIIL 
 
 MANNER OF REGISTERING, 
 
 §55. All registrations to be at full length and how. 
 
 §56. Instrument* in two or more parts. 
 
 §57. In.strumt-ut« relating to several lots in different localities. 
 
 §58. Registration of de*d3 containing lands situate in more 
 
 than one County, and of which uo memorial has been 
 
 executed 
 §59. Copying into Registry Book. Filing away instrument 
 
 and affidavit. Certiticate and its effect. 
 fCO. Pages and instruments to be numbered. 
 
 55. All instruments that may be registered under this Act All regis- 
 shall be registered at full length, including every certiticate and trations to 
 aflidavit, esceptinjf certificates by the Registrar, accompanying be at full 
 the same, upon and by the delivery to the Registrar of the orig- length and 
 inal instrument, when but one is executed, or when such instru-how. 
 ment is in two or more original parts, upon and by delivery of 
 one of such parts. 31 V., c. 20, s. 52. 
 
 Prior to the- Registry Act of I860, the method of Registra- 
 
 . . . . ^ , » tion by 
 
 registering instruments was by means 01 a memo- memorial 
 rial, which contained merelv the date, the names i"""' J'' 
 
 Keg. Act 
 
 and addresses of the parties and witnesses to the of 1805. 
 instrument, and the description of the hinds 
 affected as contained therein : and afforded but 
 very sHght and unsatisfactory information as to y»f<it>3- 
 
 •> ° - _ factory 
 
 the other, freijuently the most important, por-mode. 
 tioiis of the instrument. For examph'. it was not 
 necessary under the Registry Act of 1795, in the 
 memorial of a mortgage, to notice the proviso for 
 redemption (ll. 
 
 The Registry Act of 1805 (.2), effected a long Registra- 
 needed reform in this respect, and required that£||j"j||, ^j^ 
 all instruments, executed from ai.a after the first from 1st 
 day of January, 1866, should be registered at fuil' ' 
 
 (1» Hamilton T. Lyons, 5 0. S., 503. 
 (2) Sec. 30. 
 
'^m'^ 
 
 144 
 
 MANNER OF REGISTERING. 
 
 r 
 
 CHAP VIII 
 
 555. 
 
 m- 
 
 Registra- 
 tion in full 
 not a mod- 
 ern con- 
 c'iption. 
 
 Sir 
 
 JIathew 
 
 Hale. 
 
 Imperial 
 Acts, 
 Geo. 3, 
 C.6. 
 
 Import of 
 word "de- 
 livery.'' 
 
 What cer- 
 tificates 
 are meant, 
 
 Not neces- 
 sary to de- 
 liver all 
 original 
 part.s at 
 same 
 time. 
 
 length, including every certificate and affidavit, 
 except certificates by the Registrar. 
 
 The idea of registerin;T instruments in full, is by 
 no means a modern one. So long ago as the year 
 1()94, n few years prior to the passage of the first 
 Registry Act, Sir Mathew Hale urged the adoption 
 of this metliod, in an essay entitled " a Treatise, 
 shewing how useful, safe, reasonable and beneficial 
 the enrolling and registering of all conveyances of 
 land may be to the inhabitants of this kingdom." 
 
 The Imperial x\ct 8, George II., cap. 6, contains 
 a provision allowing parties to have instruments 
 registered at full length. 
 
 In this section, the word " delivery" imports a 
 delivery for the purpose of being retained by the 
 Registrar ; not the ordinary delivery of more than 
 one original part, for the purpose of enabling the 
 Registrar to compare with the one to be retained, 
 and to obtain a certificate of registration endorsed 
 thereon. 
 
 The certificates which are to be registered in 
 full, with the instrument, include Judges' certifi- 
 cates as to proof of execution, having been ad- 
 duced under section forty-seven ante, certificates 
 by the Judge, authorizing Bar of Dower (1) ; and 
 in fact ever}' certificate, other than those given by 
 Registrars. 
 
 Though it is more convenient, and less trouble- 
 some to the Registrar, it is not essential that a 
 party desiring to register an instrument, which is 
 executed in more than one original part, should 
 deliver to the Registrar all of the originals at one 
 time. He can produce one, and, provided it is 
 accompanied by a proper affidavit of execution, 
 
 (1) See Rev. Stat. (Ont.) caps. 12G-127 ; 43 Vic, c. 14, s. 4. 
 
CHAP. vin."| 
 §50. J 
 
 ENDORSATION OF CERTIFICATE. 
 
 14» 
 
 the Registrar must receive it and register it. After- 
 wards, if the party desires to obtain a certificate of 
 registration endorsed upon any of the duplicate 
 originals, he can do so by delivering such duplicate 
 or duplicates to the Registrar, who, on comparison 
 of the same with the original, is obliged to endorse 
 a certificate of registration upon each of such 
 duplicates. 
 
 It is not at all probable that instruments in 
 duplicate will be presented for registration in the 
 manner above mentioned: but cases may some- 
 times occur, where a duplicate original intended to 
 be presented and endorsed at the time of the reg- 
 istration of the other is, from some cause or other, 
 not forthcoming. In such a case, the registration 
 of the duplicate produced need not be delayed or 
 affected ; the missing duplicate can, at any time 
 afterwards, be presented to the Registrar for en- 
 dorsation of certificate of registration. 
 
 liCt. In case one of two or more original parts is registered, Instrn- 
 tlie Registrar shall endorse upon each of such original parts a ments in 
 a ('frtiticate of such registration, in the form of Schednle G. to two or 
 tliis Act, and such original, so certified, shall be received as more 
 primii facie evidence of the registration and of the due execution parts, 
 of the same— 31 V., c. '20, s. 53. 
 
 Under the fifty-ninth section post, the Regis- Efifect of 
 
 certificate 
 trar is required to endorse a similar certificate. under thi» 
 
 But while, by the section now under remark, it^/^^jj^g" 
 is declared that the certificate shall be received asP"*'- 
 J^riina facie evidence of both the registration and 
 due execution of the instrument, the duplicate 
 original of which is so certified to, the fifty-ninth 
 section onlv declares the certificate to be evidence 
 of registration. 
 
 It is not easy to see why any distinction should 
 1)6 drawn by these sections as to the effect of the 
 certificate ; for it is clear, that if under the present 
 
 
I'Tf - 
 
 146 
 
 MANNKR OF BEOISTEBING. 
 
 rcHAP. vjii. 
 
 L 150. 
 
 Evidence 
 in action 
 of eject- 
 ment. 
 
 Presump- 
 tion. 
 
 When cer 
 tificate 
 
 m 
 
 1 
 
 section the certificate is prima facie evidence of the 
 execution of the instrument, upon a dupHcate 
 original of which it is endorsed, it is equally avail- 
 able as such in any proceedings in a Court of Law 
 or Equity, independent of the provisions of the 
 fifty-ninth section. The latter, by providing that 
 the certificate shall, under that section, be evidence 
 of registration, does not imply that it shall be con- 
 fined to evidence of that fact alone. 
 
 Under the Registry Act of 1795 it was at one 
 time held that the certificate of registry endorsed 
 on a deed was conclusive evidence of such registry, 
 and could not be impeached by evidence of irregu- 
 larity (1). It was subsequently held that it was 
 prima facie evidence only (2). Semble, that a 
 certificate of a discharge of mortgage, endorsed on 
 the mortgage, is sufficient evidence of the re-con- 
 veyance, without proof of the execution of the dis- 
 charge itself (3). 
 
 In an action of ejectment the plaintiffs, in jiroof 
 of a mortgage under which they claimed title, pro- 
 duced tlie registered duplicate original thereof, with 
 the llegistrar's certificate endorsed thereon. It 
 was held, that by virtue of this section there was 
 prima facie evidence of the due execution of the 
 Mortgage (4). 
 
 The Court will presume that tlie person signing 
 the certificate of registration endorsed upon an 
 instrument is the Registrar, at the time when 
 instrument was registered (5). 
 
 A certificate of registration endorsed upon a 
 
 (1) Doe a. Rnssell v. Gillett. M. T, .T Vic. 
 
 (2) Doe d. McLean v. Miuiahan, 1 U. C.R., 491. See Doe d. 
 Brennan v. Neil, 4 U. C. It , 8, 
 
 (3) Doed. Crookshankv. Humberstone, 6 0. S. 103. 
 
 (4) Canada Permanent L.& S. Co. v. Page, 30 U. C. P. 1. See 
 Kelly V. Morrav, L. U. 1 C. P., 667. 
 
 (5) Brigga v. McBride, 1 Pug. & Bur., 663. 
 
■^B^-J^l INSTRUMKNTS AFFECTING SEVERAL LOTS. 
 
 l^ 
 
 
 
 i 
 i 
 
 •imi. and dated in 1866, stated that the deed s^'^-i-i !» 
 
 •eiuuAifBeeL 
 Tas registered upon 29th April, 183(5. Qucrc. 
 
 Tuether the certiticate should not have heen madf 
 
 ir rhe time the deed was registered (1). Qunx. 
 
 TUether a proper certificate could not he endorned 
 
 ,xr. the trial {'!). 
 
 ^ (Certificate, given under the New Brunswick 
 iegishry Laws, was held to he sufficient, although 
 in did not eertif}' that he was the Registrar of the 
 ''ounty in which the lands were situate ; it heinr^ 
 jeid that extrinsic evidence of that fact could \h- 
 uiilucett i3). 
 
 riie certificate is required, hy our Act, to be5iiar»- 
 ^udnrsed upon the registered instrument and du])ii- 
 Kures. if any. Under the Quebec Registry Laws, 
 X LH no objection to the sufficiency or validity of 
 "tie certificate, that it is written upon a separate 
 iiieet than that upon which the deed is written (4). 
 
 TT When any instrument includes different lots or parcelB ofinrrn- 
 jjia -ninate in different MunieipalitieH in the same County. :t ru-enB t- 
 iiiil iniy l)e necessary to furnisli one duplicate original of sucL latim "o 
 uiiiTiment, with an affidavit of its execution, and such dup]icat+' trPT^na 
 «nmnai and affidavit shall be copied into the Refristry Booli ]>eT lot- n 
 ■lauini; to each City, Town, incorporated Village, Townshij) or difi-er-iir 
 i-ite Tiierem the lands therein mentioned are situate, and the iotuinea. 
 ir--aimir shall make the necessary entries and certificates ai- 
 v.miui,'ly. M V , c. 20, s. ui. 
 
 This section is substantially the same as that^^'-^'^ 
 
 . i:.J£r. 
 
 Jitroduced by the Act 16 Vic. cap. 187, sec. H, 
 v'iu:ii enacted that when an instrument related 
 'II .and in several localities in the same County 
 ini7 ')ue memorial need be provided, which was to 
 iH ![)pied into the different Registry Books for 
 flit!ii localities, and the necessary entries and cei- 
 iiicjires were to be made by the Registrar. 
 
 IToder this section it has been held that the t^icf & 
 
 (li Doe d. Robinson v. Chassev, 1 Han., 50. 
 
 (2) Doe d. Kerr v. McCnlly, 3 All.. 194. 
 
 (3) Boe d. McKenzie v. Mosher, 2 Pug., 355. 
 
 (4) Foley v. Godfrey. 9 L. C. J., 154. 
 
iiiff^ 
 
 jn. 
 
 f! 
 
 ! S 
 
 148 
 
 of 1S65, 
 
 Registrar 
 not re- 
 quired to 
 enter 
 
 Liiids situ- 
 ate in an- 
 other 
 Township. 
 
 Must now 
 register at 
 full 
 length. 
 
 Fees for 
 
 entries. 
 
 MANNER OF REGISTEEIKG. 
 
 . 55H. 
 
 Registrar should record the memoaia]! in every 
 township in which the lands embraced isr^ine -iituate : 
 but he was not obliged to enter in iLt :.:i:'x of any 
 township, lands other than those Ijiskr in that 
 township (1). 
 
 This ruling could, of course, not i ' : zicd after 
 the Registry Act of 1865 came inlvi :: j-^ir. as that 
 
 Act, similarly to the present ont'. r- 
 
 tht 
 
 in- 
 
 Registra- 
 tion of 
 deeds con- 
 taining 
 lands situ- 
 ate in 
 more than 
 one 
 
 County 
 and of 
 which no 
 memorial 
 has been 
 executed. 
 
 Introduc- 
 ed by 3-1 
 Vic", e. 26. 
 
 struraents to be registered at full Icl^" 
 
 When a Registrar refused to ref^i^l-fir jn mortgage 
 requiring to be recorded in five to'rajLi-[!jip&^ unless 
 he was paid at the rate of five distincl rf -ziitrations ; 
 upon an application for a maudamn? so compel 
 him to do so, the Court held that h-e -^rjia entitled 
 to charge for only one registry, proridiHl tlie num- 
 ber of words recorded did not exceed ii^t folios ; 
 and that all in excess of eight folic-f Tr-^re to be 
 charged for per folio as allowed by -^l~ Registry 
 Act then in force, namely thirteen tyt-mm per folio 
 (2). 
 
 58. Every deed executed prior to the founL Set :c Minih. one 
 thousand eiglit hundred and sixty eight , aff*'(^1±nx:-Anjii+ situate in 
 more than one County, and of which said df'f'd ij; aiiira.<)riai has 
 been executed, may be recorded in any (.ne ii iit* C.junties in 
 which some of the lands are situate, upon }ir;ica luuttt La accord- 
 ance with this Act, and in the other Counti**l'i- tHT>i;»*i.t: of a copy 
 of every such deed and proof certified as if- jiroiattfii :vliJi respect 
 to Powers of Attorney in sections fiftv and fefrr-ioj* of this Act, 
 34 V. c. 26, H. 1. 
 
 Anew provision introduced by Stai.3-fi Vic. cap. 
 26, seel. A deed executed prior to MatcH 4tb, 
 1868 (the date of the passage of the Registry Act 
 of 1868), affecting lands situate in iDOiTf than one 
 County, and of which no memorial La* eet^n execut- 
 ed, stood in a position similar to thai ;: i power of 
 attorney ; once registered no stei>f . ~-I be taken 
 to register it in another County, Vi j~r this seo- 
 
 (1) Smith et al v. Kidout, f. V. C. E.-iir. 
 
 (2) lu.re Lount, 11 U. C P.. ^7. 
 
CHAP. vni.T 
 {58. J 
 
 WHERE NO li(EVORUL EXECTTED, 
 
 149 
 
 tion, however, the Ref^istrar is enabled to deal 
 with it aa he would with a Power under sections 
 fifty and fifty-one ant€. A copy, or copies, of such 
 deed duly certified by him, such certificate contain- 
 ing the requisite set forth in section fifty, can be , 
 registered in other Countitrs, upon production, 
 without further proof. 
 
 There is evidently some error in referring to the 
 date in this section. Deeds executed after Janu- 
 ary 1st, 1866, were, under the Registry Act, to be 
 registered at length, as under the present Act, and 
 not through memorials ; and that date should have 
 been inserted instead of March 4, 1868. 
 
 As the section speaks of a deed executed prior to jjj^|^|^,.'j^j 
 the fourth day of March, ISftS "of which no mem- executed, 
 orial has been executed." would it apply in a case registered 
 
 where a memorial, had, in fact, been executed, butp^^'^s *<> 
 
 1-11 • '°^*^ **'• * 
 
 had not been registered, owmg to loss, destruction 
 
 etc. ? 
 
 As the plain intention of the Act is to relieve intention 
 
 1 • • 111 1 • 11-°^ ^'^^ ^^" 
 
 persons claiming under deeds relating to lands in tion, 
 
 different Counties, executed prior to the date refer- 
 ed to, where there are no memorials, from the diff- 
 iculty in which they would be placed by the deposit 
 of the deed itself in one of the Registry Ofiices.and 
 as that difficulty is in no way lessened or varied 
 whether a memorial was executed, or being execut- 
 ed, was destroyed or lost, it is reasonable to infer 
 that such a deed, where the memorial has been 
 executed, but has been lost or destroyed, is within 
 the provisions of this section. 
 It is to be remarked, that bv some oversight the ^'? <ieciar- 
 
 111 . • 1 T • e ation of 
 
 Act does not require any declaration or proof on non-exe- 
 the part of the person registering the deed that a ^g|^°rial 
 memorial thereof was not executed, and therefore required. 
 
150 
 
 MANNER OF REOISTEBING. 
 
 [ 
 
 CHAP THI. 
 159. 
 
 the Registrar cannot demand such declaration or 
 proof. 
 Certified ^g section fiftv-two ante applies onlv to certified 
 
 copy of •■ . 
 
 Buch deed copies of a power of attorney or substitution, a 
 dlnceot certified copy of a deed coming under the provis- 
 itB execu- jons of this section is not necessarily prima facie 
 evidence of the execution of such deed, although it 
 will be prima facie evidence of the deed under sec- 
 tion twenty-four ante. 
 
 Copying 
 into Reg- 
 istry 
 Book. 
 Filing 
 away in 
 strument 
 and affi- 
 davit. 
 
 Certifi- 
 cate and 
 its effect. 
 
 Registrar 
 must ex- 
 amine 
 closely 
 instru- 
 ments for 
 registry. 
 
 Must re- 
 ject if not 
 in con- 
 formity 
 with Reg- 
 istry Act. 
 
 69. The Registrar or Deputy Registrar of the County in which 
 the lands are situate shall, upon production to him of the original 
 instrument, duplicate or other original part thereof, together 
 with an affidavit of execution, enter the said instmment in the 
 Registry' Book, in the order in which it is received, and he shall 
 file the same with such affidavit of execution, and he shall en- 
 dorse a certificat« on every such instrument, and upon every 
 duplicitte of such instrument in the form of Schedule G to this 
 Act, and shall therein mention the certuin year, month, day, 
 hour and minute, in which such instroment is entered and reg- 
 istered, expressing also in what book the same has been entered, 
 and the number of registration: and the said Registrar or his 
 Deputy shall sign the said certificate when so endorsed, which 
 certificate shall be allowed and taken as evidence of such respect- 
 ive registries in all Courts. 31 V. c. 20, s.s. 55 & 66; 40 V. c. 
 7, Sehed. A. (127). 
 
 The duties of the Registrar under this section 
 have been included in all our Registry Acts with 
 more or less particularity of detail. 
 
 It is incumbent upon the Registrar to make a 
 close examination of the instruments executed iu 
 more than one original part, which are presented 
 to him for registration, with a view to ascertain 
 that they are in duplicate. He is in duty bound 
 to examine the instruments presented to him for 
 registry. 
 
 Where registration is made through duplicate 
 originals he should be satisfied that the duplicates 
 correspond in every particular ; and where regis- 
 tration is made otherwise than through duplicate 
 
««ai^«fi 
 
 CHAP. TII.T 
 J59. J 
 
 INSTRl'MESTS MfST BE DVPUCATE*. 
 
 181 
 
 originals he should see that the statutory re»]uire- 
 ments are properly complied with > 1 '. 
 
 He must decline to receive for r*^gistry any in- 
 strument not in conformity with the Registry Act 
 (2) ; and no mandamus will lie against him in such 
 a case (3). 
 
 His discretion in the reception or rejection of 
 instruments presented for registry, is limited, how- 
 ever, to matters solely connected with registration. 
 If an instrument complies with the Registry Act, 
 the Registrar cannot reject it, no matter how de- 
 fective it may be in other respects (4). 
 
 The Registrar cannot avoid the performance of 
 this duty by quaUfying or modifying the certificate 
 required under this section^ with regard to any of 
 the matters required to be set forth therein. In 
 case of such qualification or modification the per- 
 son entitled to the certificate can. and sbonld, re- 
 fuse to accept such qualified certificate, and com 
 pel the Registrar to furnish a proper certificate. 
 It is doubtful whether, if the certificate under this 
 section should be qualified or modified as to any 
 matters required to be stated therein, it could be 
 received in evidence of the registry of the instru- 
 ment to which it relates. 
 
 A Registrar endorsed upon a mortgage, sent to 
 him for registry "No. 44,322 purporting to hf a 
 
 duplicate thereof was registered at on 
 
 etc.," and refused to endorse ufon the mort- 
 gage an absolute certificate of its registrat >n; 
 alleging as his reason that it was no part of ;he 
 
 (1) Reg. V. Reg. of Middlesex, 15 Q. B. 976 ; Abbott t. G^nghtj 
 4 Ir. Chv., 1'). 
 
 (2) Reg. V. Reg. of Middlesex, 1 Ell. & Ell. 322. in n Monjell 
 2 Ir. Jur. (N. S.) 66. 
 
 (8) Reg. V. Reg. of Middlesex 15 Q B. 976. enpr* 
 (4) Mill V. Hill 3 H. of L., ca. 829; McDonell t. Marrbj. 2 F. * 
 S.,304. 
 
 Cannot 
 reject if 
 ctherwise 
 defective. 
 
 Cannot 
 modify 
 certificate 
 Qualified 
 certificate 
 not receiy- 
 able in 
 evidence. 
 
 Certificate 
 stating 
 that in- 
 strument 
 'purport- 
 ing to be * 
 registered 
 ia invalid. 
 
iff? 
 
 I 
 
 hi. 
 
 Mi 
 
 182 
 
 lAKran IF 3BlfI.4TER(NG. 
 
 rCHAP. VIII. 
 
 P 
 
 Instru- 
 ments 
 must be 
 entered 
 in consec- 
 utive 
 order. 
 Wilfully 
 entering 
 in wrong 
 order is a 
 misde- 
 meanour. 
 
 duty of the lU^uiHSrur 11 jcmpare duplicate inntru- 
 ments. Vjtou ar uinaijivnon made for a writ of 
 mandamus, to fuinn»ti 11m Co make the endorso- 
 ment requirt^d hy zim wution, it was held, that the 
 certificate which la iiuL .pven. was not in compli- 
 ance with the jBTTTiHiimt of the statute ; the Court 
 remarking thai tbt-rt Ter-r "no words to be found 
 in any of the f^eitiinit :n(h(!tii;in<T that the Rt^gistrar 
 mi^ht sirfn the CHimmjiiTrf -vithoiit examitiation, or 
 endorse on the inK^nimmt: a 'Qualified acceptance." 
 
 (1'. 
 
 "Where a lifirirns-ur -jn-properly endorsed a cer- 
 tificate upon a mtinirt^r^. whereby a subsequent 
 purchaser waf imHtMC. J: was held, that as it was 
 the duty of theiierj-ffErirCo make the endorsement 
 properly, his cumr- ■ 'i vuj not the fault of the 
 mortgagee, anfl cnuii aot therefore affect his 
 rights, or impuir vs iecurity : and the party 
 injured was lefi 11 mak redress by action against 
 the Registrar '2.. 
 
 \Miere certiiiiiiaef ir^ issued under a statute, 
 the requirements if sick statute should be fol- 
 lowed (3). 
 
 The instrumein? imat: he entered in the order 
 that they are re'--ti:^ei ")7 die Registrar. 
 
 A Registrar anc im Zepnty. having designedly 
 entered ingtrumfiiii4^ j. t iilferent order to that in 
 which they w-ert y^.^r^inl. were jointly indicted and 
 convicted of a misaimjetuior -ti. 
 
 Where instrnm-Bira 'T'^n shown to be registered 
 upon the same iunuf. laon. the same day, and at 
 
 (1) In re Bradfdinv -r la^iBtrar if Simcoe 26 U. C. R., 464. 
 
 (2 1 Dikemaii t J-uekutrw: L Daly (N. Y.), 489 ; see Irish v. 
 Harvey, 44 I'enn 't TTripin. "H Laswell v. Pres. Ch., 46 Mo., 
 279 ; see note* X(' set. 11 aiw. 
 
 (3) Eep T. Harvfn 1, i. 11 Q. B.. 41). 
 
 (4) Beg. V. Benjamn <: a., t C C. P., 179. 
 
|5U. . 
 
 caa.r3i»:.»n EviDE!«cr. of entry. 
 
 158 
 
 tljc BttiB^ L 'tr "'1^7 will be assumed to have bpen R»vi«>tr». 
 dulv eui^r- : . rirr in which th^-y wtre re-i„.rKfTi- 
 ceivetl I'V 1 • : _^-:.-ir as indicated by their re- ''•'"<^ ''' 
 pjiectivf r,--^;-r+. xad will be entitled to j)riority 
 ac('^>rdiiigH ] . 
 
 It has, iicvt-vi^r. bet^a detorniined in the Quebec 
 CourtB, liial "»iHEe the certificiitts show that two 
 instrumeuu j-ti-r b»ten reiristered at the same time, 
 but a i»ret-:'- .". namb<r has been accorded to 
 one iut^tri. • • ■ ."^rr the (^ther. both instriiinents 
 must, uii.-: ■-- Act 4 Vic. c. 30, a. 11, be 
 collveatea 1- . - ■.■:Iv- in a rei)ort of distrilmtion 
 (2). So Trij-tT- 'V ii-eil:4 havt- 'oeen registered at 
 the same tiiij- ■; : -•- (Vuirtn have iifld their respec- 
 tive priorit>ef i,j>- &> be decided, not by the order 
 in which tiie;^ ic-t aixmbered by tlie Itegistrar, but 
 ])}• tlie date* i' T'ii:ti they wert- executed (3). 
 
 Where tv. ; - -v-re written on the same Ro^'iKtrr 
 fcheet of pajhru ui : 1 mistered at the same time, ',^^'J^'p^\|{^'' 
 but only oDe t>«n :i!are of registry, and one num- euthes. 
 her were endorv : . " .'■. sheet, it was held, that the 
 lif^^istry Boci vu-t priperly admitted in ovidi nee 
 to shciw thai '• - : - -.- -v. re registered (4). 
 
 "Where a 3i^o --'.j zH'i memorandum endorsed 
 
 appeared to iibXr jeea acknowledged las required 
 
 under the Ii^r:^~r^ Ai.'t: or N'ew Brunswick) on June 
 
 Cth. but the t---., :.';i:e of r.-gistry was (hited June 
 
 5tb. the lieirircrr i:;o<:t£ ^as admitted in evidence 
 
 to show thai "lii-i- iH*t -ra^ registered on June 5ih, 
 
 and that the nirin'rui.lam of acknowledgment was 
 
 upon it on iLl" Li^ -> . A deed, offered as a reg- ^'''"^i^-'^te 
 ^ ■ ehowing 
 
 (1) Nev^T. PuiuitiL i E^m t M . 170 : 33. L. J. Chy. ]'J: see 
 Wtsuiiookt T. ii.'T-UH.. 1 51u. i B.. 737; Hughes v. Luuiiey, 
 4 hU. A B.. (18.- 
 
 (Ji LeufeHT\ V Irtojunu '} L. C. P... 298. 
 
 (31 Gitiufi V GiiuuniioL 5 L. C J 78. 
 
 (4i Dw d. E.errT JEriLui?. 3 All. 194. 
 
 (o| Dot- (i. Sinijwm. -^. EmIh. 5 Allen, 540. 
 
 11 
 
 m 
 

 
 in4 
 
 tleHilraei- 
 teroil It- 
 furi' dat' 
 of exom* 
 taoii viti- 
 ate TUpii 
 
 tn-. 
 
 UerliU(u.t 
 
 tat 1 1 
 eviiieno' 
 of pan o 
 rcfiistr. 
 
 MANNKR OK nKOIHTKUINO. 
 
 rcBAf vin. 
 L 10*. 
 
 But j»ot 
 
 oiilv o- 
 liesi f\, 
 deuui 
 
 KepiBir- 
 lioui; i. 
 
 ( eriii' 
 catt' oitts 
 ti) rebn; 
 
 tal. 
 Genif, 
 call ccU' 
 eluKivt s 
 
 ■wioi. 
 
 cenibtts*- 
 
 siMTxl oonvpyance, appcarcMl from the certificate 
 -ndorsfd uj)t)ii it to li:iv(! hocii rof^istiTed hcfure it 
 m« [)rnvon; IujIiI. that it did not operate as a suf- 
 ■ment ro^'istry, and that the dued was improperly 
 tumitted in ovidenco (Ij. 
 
 Clie certificate under tho corresponding^ section 
 »l" tile Rt!<,'istry Act of 1705 (2, wan hehl to be 
 irrma fncie jvidence only of rec^istry, and not to be 
 TUceu la incontrovertible evidence of the fact so 
 ■jub- to -exclude all proof to the contrary (8). 
 
 Uthoiiyh the certilieate was made evidence of 
 -tie fact of registry nnder the Registry Act of 1705. 
 j ■■vat) not considered as the only evidence, nor the 
 itftit. The production of the Book of Rej^'istry, in 
 TOich a memorial of a deed affecting the title is 
 nBtJt)rded,.ia good evidence of the title being a regis- 
 tMTMl title (-1). 
 
 Tlie production of the Registry J3ook in which a 
 mHuorinl is recorded is good evidence of such 
 a:4istry i5'. 
 
 riu* certificate is only prima fuc'ie evidence : it 
 oiay be rebutted (6k 
 
 Eix N'ew Biunswick the certificate is held to be 
 -iincluaive that the person signing it is the Reg- 
 -iirar i7"). 
 
 When an instrument requires registration, the 
 Tiode of proving such registration, of course de- 
 g&ndo upon the terms of the particular statute in 
 force at the time when such instrument is register- 
 -tl. -is a general proposition, however, the cer- 
 
 1) Doe a. Blair v. Ridout, 3 Allen, 512. 
 '£i Sec. ■). 
 
 a> Doe d. McLean v. Manahau, 1 U. C. R., 491. 
 .4» Doe d. Bronnan v. ONeill 4 U. G. R., 8. 
 J) Doe d. Prince v. Girty, 9 U. C. R., 41. 
 '^) Doe d. llennick v. Armstrong, 1 H & B. app. 727; Doe d- 
 ittiliTan r. Walsh, Jones, 264. 
 
 T\ Doe d. Robinson v. Shassey, 1 Hanuay (N. B.) 50. 
 
m 
 
 < HAP. nil. 
 
 MAKHINAL ENTKIKh IN KEUISTHY tiOOK. 
 
 titioate ondorsod upon the original instrument, 
 or a (luplic-ate copy thereof, and delivered to the 
 party entitled to su^-h instrument, will he evidence 
 both of tht^ fict and date of registration, without it 
 being necessary to pnjve further the Kignature or 
 oftieial cliaracter of the person signing such cer- 
 tificate (l). 
 
 The certificate referred to in this section cannot 
 be made the subject of charge (2). 
 
 fiO. l-vcry p,i;.'e of tli- Hf;;istrv Book, ami every instrnment 
 enttTCil tliuri'iii shall h ■ iri:ii'.i.T.' 1, uti'l the ci^rtiiiii yeiir, month, 
 Jiiy, hour iinil mm it" of r.'^'i-iiriti)n shall be entered in the mar- 
 gin of th" U"^'i-;lry Uoi.k-, in tlu i.)rni of Sch<'.iiile H to tliis Act; 
 anl such oiitrv shall he si^^ned bv the Registrar or his Deputy. .'Jl 
 
 V. c. 20. s. r.o! 
 
 Tlie Registry Act of 1810 required the number- 
 ing of the Registry Book and the instruments 
 entered therein, l)Ut did not require any marginal 
 entries to be made as above, nor did the Registrar 
 or Deputy under that Act sign any memorandum 
 in the margin. Marginal entries to be signed by 
 the Registrar or his Deputy were first required by 
 the Registry Act of iHtio (3). 
 
 (1) Doe V. Lloyd, 1 M. i G. tJ''4.fiH.5. 
 
 (2) Keele v. Uidoiit, 5 U. C. R., 240 ftud see sec. 95, ss. 5 pout. 
 (H) Sec. rA. 
 
 160 
 
 IS CVl- 
 
 denci' ipf 
 fact and 
 ilate <if 
 re^'iatry. 
 
 I imeces- 
 sary to 
 prove sig- 
 Mutiire or 
 offk'e of 
 party sign, 
 iiig. 
 
 No fee al- 
 lowed for 
 certilieate. 
 I'age.s and 
 instni- 
 meiits to 
 he niim- 
 burod. 
 

 166 
 
 ("CHAP. IX, 
 
 L S61. 
 
 Crown 
 Grants. 
 
 Not regis- 
 ttred l)e- 
 fore Ilog. 
 Act nf 
 1866. 
 
 List of 
 
 grunts 
 
 furnished 
 
 Kepistra" 
 
 by I'rov 1 
 
 Registrai-. 
 
 What "an 
 be regis- 
 t»'red be- 
 fore 'lat- 
 ent 
 
 CHAPTER IX. 
 
 HOW VARIOUS INSTRUMENTS ARE TO RE REGISTERED. 
 
 §61, Crown grants. 
 
 §6'2. Orders in Council. 
 
 §63. Wills. 
 
 §64. Other instruments. 
 
 §6o. Instruments exf'cntpd before 1st Jan., 1866 
 
 §6('). Proof of Rcgistratinn of do. do. 
 
 ^67. P'scharges of Morf'^ages. 
 
 §68 As tf -eleas- of part. 
 
 §69. DiseharKes of mort^'agt by married women. 
 
 §70. Discharges of mortgage" bef. re 19th Dec, 1868 con- 
 firmed. 
 
 §71. Discharges of mortgages h\ Sheriffs Ac. 
 
 §72. Residence Sec, of witness not necessary in attestii?" 
 chiu.se. 
 
 §73. (1; By-law--, hereafter niaiie affecting real estate, (a) as 
 to By-laws ttc, herct^for.' nr.i'.e. 
 
 CROWN GRAN ..J. 
 
 61 Grants from the Crown shall Vie registered by producing 
 such grant or an exemplification thereof to the Registrar, with a 
 true copy sworn to by any person wiio has compared the simo 
 with the original; and such :-'irv shall be filed with the Registrar. 
 31 v., c. 20, s. 34; 40 V., c. 7. Sched A (128). 
 
 Grants from the Crown were not admitted to 
 registration in the County Rpgistry Offices prior to 
 the passing of the Eegistry Act of 1865 (1). A 
 list or memorandum of such Grants was, however, 
 furnished by the Provincial Registrar to each Reg- 
 istrar, at stated periods, showing date of issue, 
 name of patentee, and a short description of tlie 
 hind mentioned therein. 
 
 Before patent from the. Crown the only instru- 
 ments capable of regi.-trution in the Registry OtJice 
 are such as create a mortgage, lien or incumbrance 
 upon the lands (2>. 
 
 (1) Sec. ?,:>. 
 
 (2) Holland v. Moore. 12 Gr . 296: see Rev. Stat. fOnt ) cajn 25 
 sec. 2') ; Casey v. Jordan. 5 Gr., 467; Vance v. Cummings 13 
 Gr., 25. 
 
 62. n 
 
 t''H;tiit-( 
 
 Olhc,. ,.i 
 land to 
 po^it of 
 -10 v., c 
 
CHAP. IX ■ 
 SG2. 
 
 CROWX GROfTS — ORDEBS IN COUNCIL. 
 
 157 
 
 Assifrntcents or transfers of such land prior to ^^'^^ "^^f^"^ 
 
 .... instrii- 
 
 issue of patent, in order to rttaiii priority, must bo lucnts fii- 
 filed with the CommissiDner of Crown Lands, with 1';'/"^^"''® 
 
 ' Patent. 
 
 affidavits cf th .lue executiju thereof, showing thecommis- 
 time and place of execution, and the names, ves- f,"""''' ^' 
 i''euces and occupations of the witnesses ; tlie Com- Lauls. 
 missioner refri.sit-rin;4 the same in a llcgistry Book ^''V,'.'^^"* 
 
 . I'lililie 
 
 kept for that pur[)Ose, and endorsing on each Lamirt 
 assignment a certificate of the registration thereof. 
 It IS necessary, however, that tne assignment sliail,.ap 2;j, 
 be unconditional; and that all the couditi(jns of^^^'*'' 
 
 Sl'tJ. 
 
 sale, grant, .^r location should be complied with Assi^Mi- 
 prior to siich registration being made. Should the ""'"•^'^i'^* 
 Witness have died or lett the rrovmee, an attnlavit ditionai. 
 proving such death or absence, and the handwrit- ^'''""f "f 
 ing ol such witness, or that ot tlie party executing if witnesa 
 the assignment, UiUJ>t be produced in order to i)i'r- ''j'^'^ V"" 
 niit of registration. Expr^e^s notico of an unreg- from ' 
 istered a'^signiaent of unpatented land has the '"^'"'^®- 
 same effect, as like notice of ar. unregistered convey- 
 ance after patent iIl 
 
 The Registry Acts cf 18o5 and 18(J8 (2) did not 
 provide for the regis^rn^i.-n of e\em[)litication of l;'xoinpli- 
 patents. ExenjT/iiucaiu ns were made capal)ie of p.'n'i ],^, 
 registration bv io Y'c, can. 7, .SW/^(/. A,.(]28). A '■^'^''^'"'■^■^i 
 
 ; .' . I)V 10 Vic, 
 
 lonu ot the aUid.i\t required under tins section c' 7, Sch. 
 will be found in Appendix A. '^' '^"^^^ 
 
 ORl>EUS IN COINCIL. 
 
 02. Orders of the Governor (.If-neral in Coniieil, or of tlio Liou- Orders in 
 tcnunt-Governor in Council niny he refiistorcil in the Ueuistry Council. 
 Olliceof the County or other Ke^istriition Division in which iiny 
 luiid to which the Or.l«-r in Co:uicil r.lntes is situate, by the de- 
 pii>it of II copv of the Order, certitio't \>y the Clerk of tlie Coancil. 
 40 v., 0. H, s.'iO. 
 
 Under numerous statutes, Orders in Council Onlcrs in 
 
 Council 
 (1) Goff V. Lister, 13 Gr . IOC, 14 Gr., 451. 
 (21 Sec. 34. 
 

 
 158 
 
 HOW INSTRIMF.NTS ARE TO I!K RKUISTEREI). '"Af. IX. 
 
 L SOj. 
 
 40 Vic 
 (Out. I 
 cap. >' 
 
 I' 
 
 affectiiif^ real estate mav be passed by tlie Gov- 
 ernor-General in Council, or the Lieutenant-Gov- 
 
 ""'^'''■.il^, ernor in Council. Undtr :5M Vic, (D^ can. 13, 
 ^lc., (D.). . > I ) 
 
 ca;i. 13. where any security upon real estate I'M by the 
 Crown is satisfied, the Governor-Cimiral may. h}' 
 Order in Council declare such security to he satis- 
 fied ; a duly certified copy of such Order in Coun- 
 cil operating as a release of such security of any 
 Intestate, claim held by the Crown. Ileal estate of an intes- 
 tate dying without any known relative in this 
 Province, may be sold or (Hsposed of by Order of 
 the Lieuteniint-Governor in Council. 
 
 It was not until the passing of tiie 40 Vic, cap, 
 8 (1), tliiit any provision was nnule for the. regis- 
 tration of such Orders in Council. 
 "Lt. (iov- i^Ij^j words "Lieutenant-Governor in Council" 
 Coimcir refer solely to the Lieutenaiit-Ciovernor of the Prov- 
 aiijiTurt jjjj-,g j^j- Qi-,t;Q.io, acting hv •and with the advice of 
 
 only to . . 
 
 Ontario, the Executive Council for Ontario. Orders of any 
 OiJir in Lieutenant-Governor in Council of another Prov- 
 
 Cduncu of . 1 /. 1 T 1 • • /» 
 
 other nice are therefore excluded from the operation of 
 I'rovmees ^^j^j g^.t-tion. Apart tVoin the (luestion as to whether 
 
 nut within >■ ^ 
 
 section, such foreign orders in Council affecting land situ- 
 ate in this Province are capable of registration as 
 "instruments affecting lands," it is su])nhtted that 
 any such order would have to be proved under 
 under sec section thii-t3--eight aht'' in lii\e manner as other in- 
 38 ante, strumeiits, uot especially exceptid by that section. 
 
 wiLr.s. 
 
 ■Wills. 0'5. Every \vill shall he re<,'ist( red nt full length hy the pro- 
 
 diietidii of the (nifjinid will, mid ilie drposit of a copy thereof, 
 witli an atlida\it sworn to hy oiif of the witnesses to the will, 
 proving the due ( x( eiition thereof liy tho testator, or by the pro- 
 diictioii of prohate or letters of adniinisfraiion with the will aii- 
 nex"il, or ac exenipliticntioii thcrrof, under the seal of any t'ourt 
 in this Province, or in (ireat IJritaiii and Ireland or in any Brit- 
 isii Province, Ci.)louy, or Possession, or in any foreign country 
 
 (1) Sec. 40. 
 
CHAP. IX. I 
 
 wir.Ls. 
 
 159 
 
 liaviii;,' juri^■.iif•til>n tlieroiii. Mini by the ilopo^it of a e-iiy of such 
 lirohfite or letters of it(lniinistr)iti<iii, witli iiii utiidnvit verifving 
 sucli Copy. iJl Y.,0. '20, h. :\'); H'.t V., v. 25, s. -J : lo V.,c. 7, Sciud. 
 A, iri't ) 
 
 Ori^'inally wills were registered through a niem-OriRiuaiiy 
 orial under the hand and seal of some or one of tiirouKii 
 the devisees, his or tlieir heirs, executors, admin- '"*'""''''''^ 
 
 executed 
 
 istrators, guardians or trustees, attested hy two iiy de- 
 witnesses, one of whom sliould prove th(i execution ^"''''*^' 
 of the memorial (1 '. It was not necessary tlnit 
 the execution of the will itself should he proved hy 
 a suhscrihing witness, except in the case of a will 
 executed out of the County (2). The memorial of M<*i»"fi!*l 
 the will under tliat Act was not re(piired to contain sHme as 
 anv greater particularity of the contents of such "^'"■.'' °^*'' 
 
 .^ " . . inorials. 
 
 •11, than was necessary m a memorial of a deed. 
 The lle.L'istvy Act of 181() (3) rcijuircd that when Will cxe- 
 thr will was executed in the rrovincc, hut out <^>f !,f ol.uirio 
 the County wher(! the lands affected were situated, ""'i'r 
 tac witness provnig the execution (»t the nK.'moruil of isi«. 
 should also he one of the witnesses to the will, and 
 should prove the execution of such will, and the 
 place where tlu? same was executed ; and when ex- 
 ecuted out (jf Upper Canada, the witness, in an 
 affidavit to he taken hefore one of the ofiicials there- 
 in referrt.'d to (4) was required to swear to I ho 
 making and puhlishing of the will. But tlie mein- ^If'^orial 
 (U'lal m eacli case was n(»tt() l)e registered niiless iitied to. 
 it was identitied as that referrd to in the jil'tidarit. 
 hy a certificate under the hand of the pt>rson hefore 
 whom the attidavit was taken, which certificate had 
 to he endorsed u[)oii the will or probate. 
 
 Ue^istration at full length of all instruineiits 
 
 (1) lU'fi. ^(^t of 1795, sw.i. 
 
 (2) Sec. 1:5. 
 [^) Sec. 9. 
 (4) Sec. 10. 
 
160 
 
 now INSTRUMENTS ARE TO BE REGISTERED. ""HAP. 7X 
 
 Sii:i. 
 
 tioil ;it full 
 
 luilgtll 
 
 miller 
 
 Hl-;,'. Acts 
 
 of imrj 
 and 18(38. 
 
 Certitiinl 
 
 copy of 
 
 forei^;!! 
 
 proljiito 
 
 eiluivaliMit 
 
 to letters 
 
 proljatc. 
 
 Ext'injili- 
 ticatiou of 
 Probate, 
 &e., oil- 
 mitted to 
 ref^'istrv by 
 39 Vic", 
 c.2.5. 
 
 Exeni|iU- 
 lifatioii of 
 foreign 
 probates 
 by 40 Vic, 
 c. (, s. A. 
 Devises 
 must be in 
 writing. 
 
 What affi- 
 davit 
 
 sllnuld 
 
 ctiutain. 
 
 necessarily led to a change beinjj; made in the 
 foriiiei- method of registration of ^vills. 
 
 The Uegistry Acts of 180/5 (1) and 1808 c2) pro- 
 vided, as at present, that the will should be reg- 
 istered in full, by production of the original and a 
 de[)osit of a copy with an ai'tidavit of one of the 
 witnesses, proving due execution by the testator, 
 or by the production of tlie })robate or letter of 
 administration with the will annexed under the 
 seal of any Court of this Province, Crt-at Britain 
 and Ireland, British Province, Colony or Possess- 
 ions having jurisdiction therein, and the deposit of a 
 sworn copy thereof. Prior to these enactraunts it 
 was held, that a certified copy of a will, duly proved 
 in a Court in Lower Canada, was equivalent to 
 letters probate in Upper Canada and could be reg- 
 istered ['il). Production of an exemplification of 
 probate or of letters of administration with tliewill 
 annexed was included by Stat. o'J Vic, cap. 25 (4^ 
 while probates, h'tters of administration with tht- 
 will annexed, and exemplifications thereof undt-r 
 the seal of any Court in any foreign country were 
 admitted l)y Stat. 40 Vic, cap. 7, Schcd. A, {l'2\l 
 
 It is enacted by the "Statute of Frauds" (oi 
 that iiU devises and bec^uests affecting lands "shall 
 bo in writing."' 
 
 The affidavit should properly set forth the man- 
 ner in which tlie will is executed, as the mode of 
 executing wills according to law, has been altered 
 from tiiuc to time i)y various enactments. Tht- 
 validity of wills depends, to a very large extent. 
 
 Il) Sec, 3ft 
 
 (2) Sec :{5'. 
 
 (:!l Patnlo V. Beviugtnn, 1 1' C. P., I'-'iJ. 
 
 (41 . ec. -2. 
 
 {!>} "iy Car , II, cap. 3, sec 3. 
 

 AFFIDAVIT OF EXKCUTION OF WILL. 
 
 101 
 
 n^on their being executed in confonnitj' to iiit 
 statutory provisions r(!<^alating the same, 
 
 Ec is but proper that the manner of executioii lLini^r..f 
 moulil be set fortli with reasonabh detail ; no: t^^,'^";'" 
 luly that the Pio,i:fistrar should, upon consulting: si^^i-it- 
 riie alfidavit, see that the will is "duly executed" 
 in acctn'dance wiili the laws in force \\i i\w time nf 
 Ltii execution, hut also tliat parties interested in 
 aie establishment ov setting aside of such will 
 11117 obtain the necessary information as to tiit 
 juj.fe of its execution. 
 
 tc is to l)e regretted that the Ilegistry Act is not -f'^f'^fnt 
 •explicit upon this subject, and that prt)per and ai»- -.uj,,-'',^ 
 nronriate forms .are not furnished in tht^ Scht■dulei^™'■'*^'' 
 "iiecfito : as the common custom ol statnig that tiit- uii.rma.^ 
 -viniess did see " tl.>e will duly executed " without ^^'^^ 
 oiore. conveys no information whatever. 
 
 En. the case of a testator, who is bliml or who is ulbwntioa 
 luu'kaman. it may liap[)en that the will may-t^j^j^j,,,^. 
 iiever have been road over to him, or if read, nm"^"-' 
 
 ' Trial 
 
 'i;iiiiprehended by him; or the testator may ii'»t 
 Olive executed the will in the presence of the Wn- 
 aess : or the witness on the other hand may not 
 .ULve attested and subscribed the will in Ihe pres- 
 •^iice of the testator ; yet notwithstanding all tliia. 
 inoa an affidavit, stating that the will was duly 
 ■Keented. made by one of the witnesses ignoraii* 
 •)t what constitutors a "due execution" of a will.tiie 
 .usmimeat is registered and a certificate of sucii 
 ^r^stratitm endorsed thereon. There is nothiiir 
 t'-'.'a to show that the testator is dead. 
 
 Hif aSiilavit should b« as full and clear as that AfiLa-vrw 
 
 siiiauiitbK 
 ^i-pured by the Surrogate Court in proving a will.taL 
 
 Clit^ aiimission to registration of ])robate and -^^am^wmit 
 
 ii±nrer-i of administration with the will annexed, ^j..'^***** 
 
162 
 
 HOW INSTRUMKNTS ARK TO KE BI-Gl^nMSZ'. 
 
 cajkP. II 
 S63. 
 
 registry qi* of an exeiiinlificution thereof, Lt iniam* of sworn 
 
 correct ni . *• . . . • 
 
 primcipie. copics tlierciof, IS coiTt'ct 111 })nn(iji]' - •,- i consis- 
 tent Avitli re(| airing due proof to l»t i^^^^c -if the 
 will of which it is a prohate, ns the t^.^ m.-iy hf. 
 as prohate and letters of adniinistrata.-a aire only 
 granted npou proof of the extcutJoLi ::' -j.e will. 
 according to the laws in force ai "_- iiime of 
 its execution. 
 Bnt atli- Ohjection having heen taken to "&*" ?rL:Eeiency 
 iniz '-.lue of the affifiavit of execution hv the aW-ii-sji:: wit- 
 eseciuion jjgj.j, jj^ ^1^^, inemorinl to a deed rerrif.tcrr^d under 
 
 Ot the 
 
 deed' al- the Eegistrv Act of 18 IG winch fel.anrrti that the 
 lowtd. -witness had seen "the due executioi; v'f sae deed." 
 Esten \. C remarked: — "If tlje iiiaTi-^r was res 
 intcgrn, I should he strongly disposvtiiv- chink that 
 it was not stilhcient for the affidavit !.> state that 
 the witness had 'seen tlie due ext'Mm&oa of the 
 deed." I should have thought ILjji i' -houUl 
 descrihe the act performed, as in iim. ordinary 
 affidavit of evecution, s;' as to enahk Ti.<f Registrar 
 to judge of its sufficiency'. But in thif aspect the 
 aftidavit follows the form prescrihel hj th.-^ Act of 
 Parliament— -it is prohahly a foiTxi c i^;^ iily used 
 — the allida\ it is not the act of the pairiy- but of a 
 witness ; and it is a matter trausaetrii &»*ti-:veen tlie 
 witness and the Registrar, not inl.t'Ll-til for the 
 int'onnation <it' the public, hut fur tl:+ ra;i:?factiou 
 Provisions'^^ ^^''-' Registrar. It would he. iKTlipsf. not too 
 of .\ct ns mneh to hold that all the nrovisioms. S'rspteting th^^ 
 
 to proof „ T A .. ,1 . " 
 
 directory, proot are directory (1!. 
 
 So held Under the Irish Act it has heen liTif that the 
 
 niidiT tho pi-ovisions therein as to the form? of tiiilavits i^f 
 
 Iririh Act. '^ . 1- J i J J 
 
 execution are directory, not maudal.O'iry «3 . 
 Reid V. It is to he reniemhered. LowevrT- tlidifi the eases 
 
 White- 
 
 ID Per Esten V C, Keid v. Whitehead Ifi'Gir^oiwe 44'.). 
 \^1) McUonell V. Murphv, 2 F. cV S. ;K»4 (n.j 
 
cHAi'. IX. ": 
 
 §o;j. J 
 
 STATUTKS AFFECTING EXECCTIOS OF WILLS. 
 
 lfJ3 
 
 alludofi to, refer milv to affidavits of the execution ^[^f ^"'f, 
 of (U'cds, Jind nut of wills. It is also worthy of v. Murphy 
 notice that section tbirty-eiiiht -fw^', which states J"^'^,"^'^^ 
 clearly what the affidavit of vx-.-cution should state, affidavits 
 referring to a form of Fuch affidavit contained in^if jj,^'^ 
 Schedule I"^ to this Act. t%Y)Tr::s\\ excepti wills from 
 tl.e operation of that section. 
 
 It the ruling in lleid v. Whit-head is applicable 
 to wills, there is no reason w'.:y wills should have 
 hi'tii excejjtt'd from section thirty-eight : as the 
 statement in the affidavit that tJie witness had seen 
 tile will (lulv ■• sigmd. sealed and executed, etc.,'" •^'■*'"'"^\, 
 
 aiiplicable 
 
 would, according to that rulinij, be sufficient. It t.- casesof 
 is submitted that, owing to the impossiliility of"' ^' 
 liaviug one form of affidavit wieieh would be appli- 
 cable to the case of every wils, and having regard 
 to the various changes in the mode of execution 
 (if wills, the Legislature inteiiti:'>nally omitted allu- 
 sidu to affidavits in the east- of wills from that 
 section, and that lieid v. WLit-head does not apply 
 to casus of registration of will?. 
 
 In order then to ascertain if there has been "due^^'^"* 
 
 . anunintj 
 
 execution" of a will, it will l<t imfw'jrtant to glance to "dneex- 
 br-jfly at the statutes afft-cn-^' the execution of""^'""-" 
 wills, which are tbri-e iu nnniWr. viz.. thu Statute 
 of l-'rauds, the Act 4 AVm. 4. cap. 1, and the Wills 
 Act of 1878. 
 
 The iifth section of tlit- Statute of Frauds (l.^'ntlfr 
 
 "htatute 
 
 enacted that all devises and be.jUt-sts afift-ctingof 
 lands should be in writing, sign-ed by the testator, **" 
 
 or Mouie one in his presence, and by his express 
 direction, and should be attested and subsorilted 
 in the presence of the testator, by three or four 
 
 (1) 29 Car. 11.. op. 3. 
 
ICl 
 
 HOW INSTBTMKSTS ARK TO BF. REGISTERED. 
 
 THAP IX. 
 
 Under 
 3 Wiu. 1. 
 cap. 1. 
 
 Changes 
 affeeti'dbv 
 lattur 
 Statute. 
 
 Pid not 
 ropeal tlu> 
 Statute of 
 Fraiuls. 
 
 credible witnesses ; otherwise such wills should be 
 deemed utterly void and of none effect. 
 
 The above was the mode of execution applicable 
 to all wills executed prior to the sixth day of 
 March, 1^34 ; and all wills executed prior to that 
 date must be exer-uted in accordance therewith, 
 unless republished as hereinafter mentioneil. 
 
 By the Provincial Statute 4, Wm. IV. cap. 1 (l\ 
 it was provided that any will executed after the 
 sixth day of Marjh, 1S31, in the presence of, and 
 attested by two or more witnesses should have the 
 same validity and effect as if executed in the pre- 
 sence of, and attested by three witnesses : and it 
 should be sui^cient if such witnesses subscribtd 
 their names in the presence of each other, although 
 their names might not be subscribed in presence 
 of the testator. 
 
 This statute applies to all wills executed between 
 the sixth day of March, 1834, and the tirst day of 
 January, 1874. if not republished as lureinafter 
 referred to. 
 
 It was hebi, that this Act did not repeal, but 
 m,orely extended the Statute of Frauds. The changes 
 effected by this st{itute in the mode of execution 
 under the Statute of Frauds were only two in 
 number; namel;.. that two witnesses were deemed 
 sufficient instead of three or four; and that the 
 witnesses were allowed to sul)scribe their names in 
 the presence of each other, though they did not 
 subscribe in the presence of the testator i'2\. 
 
 It was held, ttiat the fifth clause of the Statute 
 of Frauds was not repealed by the statute 4 A\ m. 
 4, cap 1, but extended ; and that a will subscribed 
 
 (ll Sec. 51. 
 
 (2) Crawford v. Carr.agli. et. uL. 15 U. C. P., 5.5. 
 
rHAP IX. "I 
 
 STATUTES AFFECTINO EXECITIOW OF WltXi. 
 
 165 
 
 by witnesses according to the requirements of 
 eitlier statute was sufficiently ext-cuted (1). 
 
 Both of these statutes, so far as thev related toF'>nner 
 wills, were repealed by " The Wills Act of 1873 " j^Jaied by 
 (2>, which, as to all wills executed sine* the first '^"^ ^'''•" 
 day of January, 1874, enacts i3i, that no such h73. 
 will shall be valid unless it is in writing and 
 ovecuted in manner folluwin<:. that is to say, it^j^'j^t^on 
 phiiU be signed at the foot or end thereof, by theth^-re- 
 testator, or by some other person in Lis presence 
 and by his direction ; and such signature shall be 
 made or acknowledged by the testator in the pre- 
 sence of two or more witnesst;s present at the same 
 time, and such witnesses shall attest, and shall 
 subscribe the will in the presence of the testator ; 
 Imt no form of attestation shall be necessary. 
 Provided, always that every will so far only as 
 regards the position of the signature of the t'.sta- 
 tor, or of the person signing lor him as aforesaid, 
 shall be deemed to be valid, within the meaning of 
 this Act, if the signature shall be so place-d at. or 
 after, or following, or under, or beside, or opix>»ite 
 to the end of the will, that it shiili be appart-nt on 
 the face of the will that the testator intended to 
 give effect by such signature to the writing signed 
 as his will, etc., etc. 
 
 The provisions of this Act extend tc» any will xhe Act 
 
 executed prior to the first dav of Januarv. 1S74,*'^'*^'"'^*' *° 
 
 • . - Wilis eie- 
 
 which is re-executed or republished cr rene-xcdcated 
 by a codicil since that date : every such will b-ing, ^^^^'^^ j^ 
 for the purposes of the Act deemed to have b^en r^^-^^tend- 
 niade at the time at which the same sLaii br so p-jUighed. 
 ro-executed, republished or renewed (4% 
 
 (1) lb. 
 
 (2| ;}() Vic, cap. 2') ; Kcv. Stat. lOnti., tip. !*'&. 
 
 (3) See. 12. 
 
 (41 Sec. 7. 
 

 iCfi 
 
 Prior to 
 RtK. Act 
 
 of iHCi',. 
 
 Dovific't' 
 
 n:^;ist('r- 
 iiiK will 
 shdiild be 
 a It'Kiil 
 Devisei'. 
 
 deTisee 
 also n wit- 
 uesH. 
 
 noM in*<ti:t-ih:i-::+ taE ro br hkci^tkukh. 
 
 rniAi'. IX 
 
 L i04. 
 
 Tpst(it..r 
 must lie 
 doad at 
 time of 
 reKistra- 
 tiuu. 
 
 Proliatc 
 
 proof of 
 deatb exe- 
 cution. 
 • 
 
 But not of 
 due execu- 
 tion to 
 pass r«al 
 estate. 
 
 Prior to Hit Lncatr? Xct of 18t5"> moinoriiils 
 of -wills werf rt'UtiiiH^C lj bf^ ixnii^-r tlie lijind uiid 
 seal of ibf- dt'Tisttt. m ic one or more of t\w devis- 
 ees, bis or iLeiT tx^niGJcr-i. admini-^tnitors, guar- 
 iaiis or trustfeh. ~~ vur ^»^rtential, however, that 
 the devisee esecuimr tie oit-morial shotihl be a 
 legal devisee. 
 
 Wliere the dtniiHM- -van exeented thi' memorial 
 was also a •wrt3>ew- ii lim -yill. it was held that the 
 devise to him bemr xi-:-: • void under 2(5 (too. II. 
 cap. f). he had Jf>jr mt (jiuu-aoter of devisee ; and 
 that the recistri" n? a ireraorial signed by him as 
 devisee wa^ ineff-ctni.. I. 
 
 It is hardly iii't't-iaJiEY 50 observe that no docii- 
 meiit, i>urportiiir ii jh tike will of a living ])erKoii 
 can be registered. Jtf oK iij not a will until after 
 publication therr^of unl publication cannot take 
 I)lace until upon zin u^'A-ih^m of the testator. The 
 liegistrv Act of 1-S^f. ±..;fcn(iO>n. Stat. U.C. cap. Hi) 
 (8), distinctlv afinL -fiiLu rilie testator must be dead. 
 
 A probntt if -evjotrtctt aon only of the execution 
 of the will, but fcHt Toof of the death of the test- 
 ator (4). 
 
 It has iKfTT ii-tut. aowever, that a probate, 
 though registered. » m)C evidence of a due execu- 
 tion of tbt vril. «i j.a to pass real estate (5). 
 Forms of affidtxia if -i.vecution of wills are con- 
 tained in ApjKmdii 1- 
 
 other in- 64. Ml instruniene.. uiiw Tiian .irants from the Crown, and 
 stru- ■wills, shall \h Tfeptsiertrt iv dm Ittposit of the original instru- 
 
 ments, ment. or by th^ uei»i.-5r if .i luplicate or other original part 
 thereof with ali xhirimmmKCj uE^iavita. 31 V., c. 20, s. 34. 
 
 (1 liTBET 3tawBnx, iH U C.R., 100. 
 
 (2 1 siic r.. 
 (3iSec-r:.»: 1. 
 
 (4i l>BVK«;o.-^ ^uLSorman, 30 U. C. R., 437. 
 ('5i TTnTnitinr f^ Ljve. 'i KeiT 243. 
 
SU5. 
 
 ¥-EI:T rt'+TarxENT-i DKEMEU RKrilSTKRKD. 
 
 1»J7 
 
 The •wc»rS+ ~r*YT{t*r in Council"" should have bceu 'y***'"" 'p 
 inserted m ti^ -h^tioa alter tut' word "Crown. 
 
 A deed if att»m*iil "re-^iistered"' iu conteni[)liition ^vllt n 
 of law -vvLtii; :z u* t eutitkd to re;,'istriition iind d^^.j^^.^ 
 : V ■ . -'i:- li-rjistrar ill hif: olUcc for"!;'>''*^-'''- 
 
 (b) is de]i'.>- *-•: v 
 that purjK^r^t 1 
 
 The reciFiriJLj.c .; an instrument not properly 
 autbtnticaied u* i±^ Id«r re<iuires, or not directed 
 or authorized n la^ to be reyistereil is of no avail 
 (2). I'artJtr ' ; -. by voluntarily registering an 
 iuBtrumem it : _ ..reii to be registered, draw to 
 their actv '• -_ - - ; . -es providt-d by the Legislature 
 for auothrr rrw- '.:.'. wxi ( 3 » . 
 
 .d.' 
 
 Where a lu 
 and the dui'"'. 
 au action !•: ■ 
 coveuanti- '• 
 administi'u' * 
 
 ■Lj- ^ i? registered iit full length, Kepi«tra- 
 
 I I . • 1 • 1 • tion at fall 
 
 .-.ziiiaL wua lost or misuiid, m j^,,j^,^ij jg ^ 
 i^'unst the moitgagor upon the pr^'tt-c- 
 af^l in such n.i)rtgage by the« 
 
 ■-et^riS'.d morig:;^ee, the defend- 
 ant pleadriG i_i -^utin-ss \xn\ ability to pay the 
 mortgage f ■' - --iivCurity ajion in'oduction of the 
 duidicat-e wTir :uLw or aoon pruof of its loss. It was 
 held, thai tL-r ^/j-.-x -y-x?. Hti I; for it must be assumed 
 that the mc'n_i^-: Tij ^ci.-orded iit length, and that 
 un ler the iierisarj Ac: the defendant would be 
 fully protetnre.a mi paymtat of the mortgage, and 
 recording tLi: rihiaajrg'j i^t. 
 
 I«f ?TU^M:E5^T^ 03i:XTED BEFORE Isx JANUARt, 1866. 
 
 ()". Tilt r^nit'inoin. it all .iistrmient- ex-cited before the first 
 of .lanuarv oih- iimuttuiit -furiiS handreii and sixty-six, may ^t* ti'in'rV ki 
 made tliroiyri. immiicaiii jr bj certificate or otherwise, as pruvid- gfrnmentB* 
 ed by the luv il f ii^ aruir !i) th.e Retjistry Act passed in the pjecuted 
 year one thouBunc iiiiui; iran'reii and sixty-tiTe. Sl V.c. 20, s. 36. t^j-fore Igt 
 
 Upon tht T'tr,r;i^ :.f the Registry Act of 1805, '^^'^••i*^^^- 
 
 (1) Crnise CrreeiiHar-»;iL i. o 44.5 See remarks of Harrison C. 
 J., it Lawrie t lacoijim. in r tj. B. 255. 
 1 2) KeruB t. ScTin»t i ^\szi 75 
 
 (3) Per Bumf Z Inn L KlmptonB. Society v. Rainsford, 10 U. 
 C. R p. 242 
 
 (4) MrAuier T. i.i".it. i5 C C P.. 239. 
 
 Registri 
 
IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
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 |U |||,.6 
 
 
 
 
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 1.25 
 
 
 
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 Photographic 
 
 Sciences 
 Corporation 
 
 33 WCST MAIN STREET 
 
 WEBSTER, N.Y. 14580 
 
 (716) 872-4503 
 
 ■0 
 
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 \ 
 
 M 
 
 
 o^ 
 

 o 
 
pi 
 
 I'M 
 
 168 
 
 Providod 
 for l)v Ut'R, 
 Act i.f 
 1806. 
 
 Whicb 
 howevrr 
 dill not 
 apply to 
 proof. 
 
 RpR. Act 
 
 of i8r.«. 
 
 Meniorinls 
 and ct'itif- 
 
 iCAtl'S. 
 
 Rejrist ra- 
 tion prior 
 
 HOW INSTRUMENTS ARE TO BE RKOISTERKD. ' *■«*»'• " 
 
 J65. 
 
 which eflfected such a complete alteration in the 
 mode of registry, to come into operation on the first 
 of January. 1860, it was considered expedient to re- 
 fer to such instruments as should have heen execut- 
 ed prior to that date, hut not presented for registry; 
 and to make express provision for the registration 
 of such, in order to remove any douht that might 
 arise in the absence of such special reference. 
 
 By that Act (1) it was provided that the regis- 
 tration of instruments in full, should take effect on 
 and after the tirst day of January, 18G6, and " that 
 until such time the Registration of all instruments 
 which may he registered under the laws now in 
 force shall he made in like manner through mem- 
 orials or hy certificates or otherwise as heretofore 
 provided ; nnd all the Acts and parts of Acts relat- 
 ing thereto, and which are intended to he repealed 
 when this Act t-hull come into force, shall continue 
 and remain in lull force until the said first day of 
 January next." 
 
 The thirty-sixth section of the Registry Act of 
 18(58, from which section sixty-five is taken, in ef- 
 ft-ct re-enacted the above section of the Registry 
 Act of 1865. 
 
 The section speaks of the registration of the in- 
 struments r. fcrred to "through memorials or hy cer- 
 tificates or otherwise." The certificates here al- 
 luded include, for example, such certificates as arc 
 granted hy the Sheriff upon executing a deed for 
 taxes under 4 Geo. IV cap. 7, ss. 19 & 20 ; 16 Vic. 
 cap. 182, ss. 65 & 66 (2). 
 
 The consideration of the method of registering 
 through memorials etc., from Jaiuiary 1st 1866, 
 
 (1) See. 37. 
 
 (2) See notes to sec. 7C post. 
 
^^wpffn 
 
 (H\P. IX 
 
 I'KOOK UF.yrilU'.I) liKKOKK .IAS. IST, \HC)(i. 
 
 169 
 
 is fdutaiiU'd in the remarks u[)on tlio following:*"'*''"'*"- 
 st-rtion to wliicl) it moro jjropcrly [)ertiiins. 
 
 titV The i)rc)i)f tliiit Would litifiii'(> tlif tiist iliiy of .]um:arv, our }'tc<4 ol 
 
 tii.''i-iiiiil • i>,'lit liuiiilri'd tiiid sixU-six, liiivc lifcn snlliciciit fur iht- r>-C!-lT«- 
 r.-.'i-itriiti(iii nf iiiiy iiintniinciit <'xc('iitt'd jnior t* tlic snid dHt<-. Ui* ^f in- 
 ihi'd IK' di't'iiii'd siitlicii'iit for tlie r<'^,'i>triitioii luTcnfttT of hut •trauJi-tiW 
 su-li iiistrMinciit ; Imt in iiiiy siidi i-aso tlic iiistniiiiciit '^liiill Ix i ir^-ajr.i 
 re;.'i>t«'rfd at full It ii;;tli. mid tlic iiicnuriiil mid wrtidiivit >linll W Ufonr l*t 
 .l»|>o>itt''d and lili'd ill lien of uu ori^;iiial or diiidii-atf, ;•! V . Jim . I^i5i5, 
 
 A> instrmnents exccutod prior to the first of 
 January, 1S(W>, unless proved according to the 
 pnsent Act, cannot l»e admitted to nj^istration 
 without proof hi'in^' made, in accordance with tlie 
 law as it existed prior to that date, it is impnrtant 
 t«t rtfer to the several statutes hearin*,' upon this 
 stilijict. and the principal cases decided as to the 
 construction and operatimi of those statutes. As 
 the statutes atfectin^ registry are contained in 
 Ai>[)indix I)., it will he suflicient to state hriefly the 
 rr.piisitesof such proof : the sections of the various 
 statutes hearin£T thereon hciii}.; cited, so that the 
 rt-iitl. r mav refer thereto for more extended infor- 
 
 ln«tra- 
 
 Illation. 
 
 According;, then, to the rej^istry laws in force in™j',^.jj^. 
 tliis Province, prior to the lirst of Januarv. 1k«;»;. f"r«-J»i».i. 
 
 , , - , , , ,1 ♦*'"'*« IttiT 
 
 instruments executed before that »hite may hei^r.^i*,' 
 rei^istered upon the following proof, viz : — J' JT'' ** 
 
 1. heeds, conveyances, assurances, l*ow(rs ofiK^s.A^. 
 Attorney and wills, are to he registered through j^J^^^^ 
 memorials (1). '"J* 
 
 •2. Sheriffs deeds for taxes. Proceedings in the^;'*^** 
 Court of Cliancery, and discharges of mortgage, hy h\ 'v-ft-.fi- 
 certiticate (2). * * '^"''■* . 
 
 '•\. Memorials must be in writing, or he partly to t^- m 
 printed and partly written (3). ' writing or 
 
 (1) Con. Stat. v. C, cap. 89, st-c. 18. 
 
 (2) lb. 
 
 (3) Sec. 19. 
 
 12 
 
 putlj 
 
170 
 
 now INSTKt'MKNTS Altl. Ic !» JlJurtt+THaKD. ''«*•• IX. 
 
 L S«i. 
 
 4. They must contain 11h djiir :.':!> irwtriiiii.nt. 
 
 Names, 
 &c., of 
 
 Witllt'-SlS 
 
 Descrii>- 
 tiiiii of 
 
 W\u, to 
 e\" cute 
 mt'tiiori 
 
 ContPiils 
 of iiiciiiiir- 
 
 iai-. as well iis the niinx-K and nflfijtji' ns of all tin 
 
 parties to tlu; instnnntnt, r»r «f"t4f- 'l<!?wi>«>r, ttstiitnr 
 or tcstiitriv of the will, as ^^l i'^cM In the- instru- 
 ment or will 1 1). 
 
 5. Tlicv ninst ni* niion i\)< •':ii'. -> ami aiMiti"i!s 
 of all tlic witness s to tin in-';'-. ,,. nt; or will, aiiil 
 of tilt ir ]ila<'('S of al)ori< r<K]»«»f<lii«Hi{jr i4). 
 
 »). Tlicv must iilso ineii1i(>Ti Xi": l.truls containtd 
 in the instrument or will, ill, t V " 'v. U wn. Town- 
 sliip or iilaco in theCouiMv •: Suiiii !.;_'. where tho 
 lands are situate, in llie man:'- : .n. ■^tiwli tlie saiiii- 
 are descrihed in the instruu^rL: .;c will, or to tlif 
 same effect Clt. 
 
 7. TIk! nienmrial of an iii<;r;T^«-Qt:. other than ;i 
 Power of Attorney, is require* ' > ;i"i. i- the haiiil 
 and seal of the grantor, or <■: ■ - t more of tin- 
 grantors, or of the grant-^-e. cr ' n.- or nior.' nf 
 the grantees, his or iheirLeiiv. >*i.M'iU(»rs. ailmiuis- 
 trators. guardians or truslt-f : unuF a^ttested Kv two 
 witnesses, one of whom js to iti* it witness to the 
 execution of the instrumeni I _ 
 
 H. That of a Pow< r of Artco'UHy L.-jt:o he under the 
 hand and seal of one nj- -nvn (t the iMin-titueiits, 
 or of the constituted and a1r:.ern.*(i by t;wo witnt ssi s. 
 one of whom shall he aUo a T.-jrai;^* U) the I'owi r 
 ot Attorney (5i. 
 
 [). The memorial of a "w.i' > 'o I,^. under tlit 
 hand and seal of the device* ■_• f oue or luoie ef 
 the devisees, hisurthur ei.ei ;r •-. ad uinit!trat<a>, 
 guardians or tru>1<<s. anH ittiftnitnl hy two wit- 
 nesses, one of whom, in cjir-' : \ili-. made aiui 
 
 (1) II. . hS 1. 
 
 1*21 Hi . BCf 3t*."f 5 
 
 (Hi Hi.. Mf. 1}4. <■ Ji 
 
 (4| Hi . wr ail. 
 
 (jj) lb . MT 21. 
 
 M'-moi iiil 
 of I'ow.r 
 of Attoi- 
 my. 
 
 Mi-iiioriiil 
 ot Will. 
 
■" m 
 
 I ll»l' IX. 
 
 Al'lll>AVlT AlCilMI'ANYIN<i MKM<'|U\I- 
 
 171 
 
 iiiihli.slit'd out of Ontario, shall 1k' alsd a witii* ss to 
 tlic will (1). 
 
 10. 'liif allitlavit tu'ooiiipaiiyin^' (lit- jik inorial ^^''""l*'*' 
 (lit'l't r^ according to the iiatiirt' of llic iiistniiiKiit 
 
 to lie ri'tMrdfd. 
 
 f WlUlfM 
 
 nil 
 
 ,i.\ 'I'lu- alliduN it accoiiipaiiyini^ a iiH'iiiuri.-il <»fi„.»r!i- 
 iiistniiiiciit, other lluiiia will, iiiiiHt hi' mad hy 
 
 III) tit 
 tli> rtiian 
 
 (iiic I f the witiif.^srs to thi iiu'iiict ial, who is also =» *'''• 
 iiwitiitss to the f\rciitio!i (if ihr iustniiiiiiit and 
 lUfiiiorial. 
 
 iZ/.i In the case ol'a will fXccntcd in Ontario, tin- if will ex- 
 iUlidavit is tuailc hy one of tlu; witni's.si-.s to the ',^','jj^^'|,j j^^ 
 ail iiiorial provin;^ the i'\ecutioii of the memorial I'r.iwnc. 
 iiiiil 
 
 place of execution. 
 (c.) When the will is executed out of Ontario, the If will 
 lUlidavit must he Uiadi' hy one of the witnesses | 
 who is a witness also to the will and nieuiorijii *■"'"'• 
 
 ■iit<'(l oat 
 if iTo- 
 
 W I i 1 1 
 
 shall prove the execution of the will and 
 
 nil uiuriiil el). 
 
 II. Proof made out of Ontario may hf tith« i- nv ii,.wpn)of 
 iittidavit or ileclaration in writing', hut in siuii'" 
 case the lurinorial slmll not hr ici^'istcri,]. uutij th«i 
 iiistruuHiit he identili' d as that refciTcil to in the 
 al'liiluvit or di claration hy a cci tilintt^' of iiuiititv 
 tiidniseil on the iusliunuiit un iri- the I and of tile 
 piirly hihiri' whom the allidavit i> swin i;{i. 
 
 \'l. When the wituisses Ixin.u di ad m- pernia- 1'""'^ '^ 
 iHiilly resident out o{ Ontai'io. proof of the « xecu- .iViith or 
 
 IKU' 
 
 witinsa. 
 
 tiiiii of an instiument had to he made iMJorc the-'.';" 
 Jiislices of the I'eace in (,)uarter Se>sions asst mhh d; 
 iUiil a crrtilicate ohtained. si.L'ned hy the riiairnnui 
 Mill certified hy (he Clerk of the i'eace, .s( ttilifj 
 fiiitli that the majority of the Justices assemhleil 
 
 (11 Ih, .Mf. 21'. 
 
 (2) (^in. Stut. ('. C , call s<l, s.c. 'JM 
 (a) III., ss. 'Jo iS: 2(5. 
 
 of 
 
m 
 
 172 
 
 now IN>TKrMKN'rs AKK to HK KKniSTKRKi). 
 
 I. jw;. 
 
 IPI 
 
 were Kiitistied l)y the proof adduced. In tliih 
 case the deed and such certificatt; are to be re"- 
 
 Dorrecs «»fist creel. 
 
 UP', Ac '•'• Slierifls deeds of land Hold for taxes mayl»e 
 
 rej^istercd upon the certilicate of the Sheriff uuil.r 
 liis hand and seal of olilice, showiiij^ tlje nanie of 
 the purchaser, sum pai<l, number of acres sold, 
 the lot or tract of which they may form a part, the 
 date of the SheritT's deed and tiie cirtificate could 
 comprise a schedule of any nuin])er of such deeds. 
 The l{e;,'istrar is to receive such certificate in lien 
 of a memorial, and on production of the Sheriffs 
 deed, enter on record a transcript thereof, which 
 
 SliorifT-' shall be sullicieiit registry (1). 
 
 Taxeri "^ ^^' l^»'*'i'«es of foreclosure and every other decree 
 of the Court of Chancery and certificates of dis- 
 charj:;*' of mort;,'iig<! were rej^istered in the same 
 
 stiitntory numner as tbev now art;. 
 
 tts to III.'- Ihe provisions of the statute as to what a 
 
 """", "^^nitMuorial shall contain have been construed as 
 maiidatory in their nature and not directory ci . 
 
 It is the duty of the Registrar to see that tlie 
 memorial conforms with tlie recpiirements of the 
 statute (3). It is his duty also to reject the 
 memorial and return it to the parties if a discr-p- 
 anc}' exists between it and the deed in any of the 
 recpiired particulars (4). An application for a 
 mandamus to compel him to receive an insufficient 
 memorial will bo refused with costs. The liegis- 
 trar is not compelled to verify any statements iu 
 the memorial, other than those required by the 
 
 (1) lb., H8. 34 & 35. See notes to Sec. 7fi Pout, 
 
 (2) HarJiiiR v. Carey, 10, Ir. C. L. K., 140; In re M<nsoi: 
 2Ir. Jur. (N. S),66. 
 
 (3) ll*g. V. KeKistrar of Middlesex, 1.5 Q. B., 976; Al.bott t 
 Geraghty, A Ir Ch., 15. 
 
 (4) In re MonseU, 2 Ir. Jui'. (N. S.), 66; SuUiTan t. WaUh. 
 1 Jonea, 264. 
 
 lory. 
 Duty of 
 Uenistrar 
 
 InKufli- 
 cicut me- 
 morial. 
 
""^"'^^»a 
 
 rH\J'. IX. I 
 JW.. J 
 
 OMISSIONS IN MKMOHIAI.. 
 
 17!} 
 
 Act. Tlio iii<tu(iri!il ikimI not >j;o hi yond the four 
 coriiii-s of the deed (1). A variaiUH' lit'twccii tlic ^ '"""""• 
 in^tiiinicnt mid the iii'iiiofial, in purticiiliirs no^ in.iii.niiil 
 rfi(uind to l)o inserted in the nuniorial is ""t ''Jl'iil"^;^^^ 
 niiit- rial so as to iiitcrfrrc with its r(';4i>tratioii cii- 
 So if nu-re suridus nnittcr \iv contaiiu'd in the Snii'lus- 
 iiKiiiorial, i)rovidi'd the nuiiiorial otherwise con- 
 tains the re(|uii(?n( lits of the .-Vet iM). 
 
 If the instriinieni and its ni'inorial are liotii in AI'-^-'ik-o 
 Idunk as to (hite of instrunit iif, the rt^jistry will he „j,,'|||,,,j|^| 
 
 vahd; as the instnnnent is "ood at hiw witliout a •""' '"- 
 
 . striiinf'iit. 
 
 date, and the memorial cannot ho reijnirecl to con- 
 tain that whicji is wantinj.; in the i'^striinieiit (4). 
 
 Where there is anv omission in the memorial of ^^''"■" 
 a iiiaternil jiarticular, hut the same omission occurs, itnission 
 in the instrument, the registration will not he!'"''V'r*l 
 invalidated (5). 
 
 .\ clerical error in a memorial will not vitiate <"l<'ncftl 
 
 . . error 
 
 ref,'i strut ion unless it will nnslead or frustrate the 
 object of the Act (0). 
 
 A inortf^age and memorial were executed on the 
 2»»th Fehruary, 1855, hut hy a clerical error the 
 date in the mortjiage was written as 1851. The 
 memorial stated the date of the mortgage as 1855. 
 The registration was held good (7). 
 
 It is presumed that the Registrar does his duty, omnia ritf 
 
 aiid that the memorial corresponds with the deed'""' "'"*''■ 
 
 in the statutory requirements {8). Reception of a K«cp})tion 
 
 (if Mt'iiio- 
 
 (li 'iftrdiner V. Hlesinton, 1 Ir. Ch., 87; Ueiil v. Wliiti html, 
 •-' K \ A., r>Hi. per lliipirty ,1. ; SiiKdtn V. .V F.. 14 Kd., 7;J1 
 
 • ■-'i McDoiiell V. Miirphv, "2 F. A S .U()4. 
 
 'it .Mill V. Hill. 3 H. of L. Ca., H2'.» ;\Vy,itt v. Barwell, ]<t V.-k , 
 43o. 
 
 i4i In re Monsfll, 2 Ir Jur. (N H ), (ifi. 
 
 ('•I Hiirdiiig V. Carey. 10 Ir. Lli . 140. 
 
 i»ii Wviitt V. Harwell mtpra : Sliitor v. Slutor, l(i Ir. Ch., 48S. 
 
 iTi Harty v. .\|)plel>y, I'J (ir , 205. 
 
 ("i .\bl)ott V. (ierughty, 4 Ir. C'b , 15. 
 
 rial. 
 
174 
 
 Mow INVllUMr.NTS AKK TO IlK lUW.IS IIIUKK. 
 
 • MAI'. l.\ 
 
 mcinoritil do-s not ]iruvc its viiliility. or the fiid uf 
 rt'U'i^'li'itfiitii ill. 
 
 IW'i.trn. 'ii,,, |>,.j.isliiir 
 
 tiiiii 11 
 
 iiihtni- 
 Ilir'Ht !it 
 till' rif- 
 |):ilty II 
 istriiii^r 
 Olni^■i^illll 
 
 I'l (•( ivcs. 
 
 JUhl 
 
 •liters 111 
 
 lii.s Imoks wliiitivrr i.-. I)rnui,'lit to liiiii, iit t! 
 l^'^^f l)rril of tile party liriiij^'iii;,' it. Tlic omission in tl 
 
 infiiioriiil of tile christian iniiiic of tlic iiiorfLriu/or's 
 
 \\' 
 
 ir 
 
 wn 
 
 o (XccutiMl to har Iici' ilo\v(r,\vjis licM 1i 
 
 ;if ii.lili- vitiiitc tile rcgiKtratioii I'i). Tin' omission in tin 
 incmoriiil to nn-ntion the iuhlition of tlic witness ti 
 
 tiiiii 
 
 .f 
 
 witness 
 
 the died Wiis lielil to he u fatal ohjection to tho 
 
 rojj;istralion of the deed (ii). 
 Omission Jf thu Citv, Toivn, To'.vnshin or ijUuh; in the 
 Towii.'.^c. CtHinty (n* i-idiuj; is not mentioned in tlie usu;il 
 
 nhice in the (U-kI, hut onlv hv wav of recital, ilic 
 
 memorial must nevertheless not omit mention of 
 
 )tl 
 
 such, ollierwise sucli onnssion wi 
 
 11 
 
 ital I 1 
 
 MiMiiori;' 
 
 of II llciil 
 
 If the (le(Ml to le re^Mstrred is endorsed ti]Hiii 
 
 <M1( 
 
 1,,|..,,.,1 aiiotiier I 
 
 le.d. 
 
 Hid in iiieiitionin^' tlie parce 
 
 >f 
 
 iijioii iiii I;,,,,, colivexei 
 
 otlicv lit) 
 rrfiTiin'' 
 
 1. d. 
 
 •rihes th"ni as 
 
 th 
 
 premises 
 
 compriM'd in the within deed," it has heeii laid, 
 *■'"''■''!" '"'that the nirmori.al musi d.->crihe micIi lands iis 
 
 li'sril)) 
 tinn of 
 
 lallli^. 
 
 tl 
 
 lev are ilesi 
 
 rihid in the endors il deed, ami 
 
 Wl 
 
 llTc 
 
 lIli'llloll:i 
 
 follows 
 
 (ll'SClili- 
 
 state that the ini]) iited :i( sci'iption is taken frmii 
 till source referred to iT)!. A ca>e in oar Pro- 
 vincial ("oiirt of I'lrnw and Appeal lias however. 
 
 deidd' 
 
 I'eVerslll' 
 
 th( ruriii; of the Court hel 
 
 o\v, 
 
 tiou ill ill- that when till 111 iiiorial t 
 
 )!!(iws the i|i>s( 
 
 Bt)'llllU'lll- 
 
 riptii 
 
 m 111 
 
 the ^\vi^\, the deed ilself luiii.'_; operative, the regis- 
 tration tlier-'of is ( I'i'eclual Mi'. 
 
 Ill I>o.' (1 loiihi.k V .\iiii-ti-oii^', 1 II it 1). iii'i) , 7'l'!. l"'r 
 
 J'oWllcS, ('. .1 
 
 I'ii lioiirli"!- V Siiiitli, '.Mir., ;U7. 
 
 (:)| Itol.-^ou V \Viiilcli'll«",i/,-JI,ll. (". R.."?! ll;ir.liii).'v.rMivy, 
 10 Ir. ('. U. 1 10. Ill IV .I.iiiiiiii.'". Sir. I'll , fit. O'liriun v. Tylic, 
 
 1 Ir. Com. I.. H. (N.il.) i'^'i 
 
 Ir .liir. :!i; 
 
 (\) Stijili.iisoii V. Ko.vsi' ") Ir. Cli., KM. 
 
 (5) Itcf,' V l{.-i.'istrnr of Ml itlli'M'x, I'l i). M 07(5. St-e foon cf 
 int'iiioriiil iipplii'iil'lc to .siicU ii ciisi' in .\(iji('iiili.x A. 
 ((i) Ueiil V Wliitflu'iiil, 'J K .t. A 5S0. 
 
' m 
 
 CIUI'. IX.] 
 
 DLKKCrs IN MKMt)HIAL 
 
 176 
 
 Where Mcitlier of tlie witiiesses to tlio inetnoiial 
 
 was !i witness to the deed, it Wiis lield, that, as the 
 
 li(|ilireiiient of the Act ill that ri'speet had not heeii 
 
 f'iiiiii>hed with, the rej^islration was invalid (li a 
 
 iiiriiMtrial of a will was si^^ned hy a devisee nam«'d 
 
 tilt T' ill, who was also an attestinL,' witness to tlie 
 
 will. It was Jield that tlie (hvise iieiiif^ Void under 
 
 Act 2."), (leo. II. ('. ('». the rei^istry of the will was 
 
 iiictVectiial. !*2> 
 
 lle^'istration is conjiiied to the hinds mentioned ':''-'^""i^- 
 . . . . ii'iii I, Ill- 
 
 ill the niei;! M'iul. If the latter omits any portion linc.i i, 
 
 ef the des('ri|»iion of tin; lands as contained in the 
 
 (Ireil, su'vdi omitted part is not alTeetetl hy siieli <■ 1 i" n 
 
 liiinls 
 iii''iitioii- 
 
 iUMjuires no priority in 
 
 rri^'istration, and the deed 
 rispect to the same (IJl. 
 
 When the exeeiltor of a m trtj^a^'ee afTected to It'' fX'i'n- 
 1' -execute the mortj^aj^e died foi the purpose ot ,,x,,.,,tur 
 veu'istratioii, ami eaiisd his execution to hi' attest- '"'' i""' 
 
 [lliM'H (if 
 
 til hy two witnesses, neither of wln)m had previous- ic^-istra- 
 
 ly att 'sti'd the execution of a deed hv anv of the 
 1 
 
 tloll 
 
 I'l'ivisioti 
 tVi- 
 
 iirties thereto: tiie re;^'istratit)n was declared to 
 .'!■ iiiv:ilid ill. An al'lidavit of the witness, to''"^''"' 
 
 Wltll'SS 
 
 accompany t!ie iiieiiiorial, heeu h dd not to he man- diKct.iry. 
 torv hut dirertoi-v, and the registration will not ""!''i'''"" 
 
 ;is til a 
 
 il;i 
 
 lie avoided hy the lle^^Mstrar acc'eotiiii,' an improper i,v,ii...r 
 alii. 
 
 avil 
 lie W 
 
 I.) I 
 
 lVnlii.it 
 
 itness to thi; instrument and 'memorial, ^^''"' '■^'" 
 
 WIIIH S:) 
 
 must 1 e the one who witiiesst'd the execution (^fmnst 
 the instrunu'nt hy the <^rantor, t)therwise the r. 
 istration is void (d). 
 
 (li !>.)(' il. Ilriiiiii'k V. Aiiiistnni;,', 1 ilinl \' liro iipii. 7'J7 
 
 (2) li.viin V. DfVcrniix.'JO, I'. ('. li. KM). 
 
 (.)) ("ivinlilf V. .\(liiir limt. 122, i-M. .lohiiston t. l>nlilii( I't 
 M.iitli U, C. 17 Ir. Cli., i:i:{ 
 
 (4| KssKx V. Hivuk'li, I Y. & C, (C.C.I (120. 
 
 (i")) M. DmioU V Murphy, 2 F. it S., ;{(ll pur Hiirti.n .]. 
 
 IC) K. ill V. WhiU-heiui," 10 (ir. IK), per Esteu V. C. See In re 
 MoiiSL'U, 2 Ir. Ch. (N. S.} 60. 
 
H' 
 
 17ti 
 
 l|n\S INSIKI MKNTS AltK T<» UK IlKfilSTKItKI). 
 
 ' I HM'. IX. 
 
 
 A ShcrilY's ciTtilicatc upon ii sale of tiixtH and 
 intulc in |sM!(. iiiioii wliicli a (iccil fr(ini liini wiis 
 oltfaiiifd on lotli ,]n\\. islO, wuh not rt-j^isti red 
 initil IH h .Inly, l.S»il, and written on it in tlu 
 liandwiitin^ of "Ii." who was SIk ritV in IHK), hut 
 had jM)ii • out of Mt'tiiT- h'for( IHOl, "I )n|i!icati- 
 IKllI " and o I n tl,. Shri'ilT was (h'sciihrd a^ Shi i- 
 ilT (d' thi rniti'd Coimlifs of N. A- l)., uhiidi wnc 
 not niiiti d until IH,")0. Ihid that these informal- 
 ities \ver«' insidVicieiil t > desh-dy the re<,'istration. 
 IVr Wilson .1. 
 
 'The SheritT who had sold the land and niadtj the 
 deed was lnd I to he a eonipetent person to ^jive the 
 ci-rtiticati' for re;^istr_v, thouL'h out of olVu^e ; and 
 tlie llfgistrar haviuf^ aeted upon it, thou^^h he 
 niij^ht, perhaps, have refused to do ko, owing to its 
 inforuiaiity, the registration was ruled to ho 
 good (l). 
 Rtfttotnpiit The Registrar having recorded a certificate of 
 ;j ^."jJil'.'MiBcharge of mortgage under Con. Stat. V. C. cai». 
 89, upon an aiHdavit which did not state the place 
 of execution, as required l)ytho statute ; it was held, 
 that he should have properly refused to register it, 
 although being registered, it was effectual as a 
 re-convcyanco of tho legal estate to the mortgagor 
 (2). 
 
 Altiiough by the llcgistry Acts of 1805 (8), 1808 
 (4) and the Act 30 Vic, cap. 17 (5), (the latter 
 Reg. Act comprising section fort3'-one of this Act), by their 
 sec. so' retrospective operation have cured some of the 
 
 andt-evil (jgfegtive registrations ui) to the dates of their sev- 
 first n)t , '=' ^ , , . , , 1 
 
 prospec- eral enactments, it must be borne in mind that 
 
 tiye. 
 
 (1) Jones V. Cowdfii et al. 34 U C. R., 345. 
 (•2) Mcdrath v. Todd, 26 U. C. R., 87. 
 (3) Sec. 78. 
 (I) Sec. 80. 
 (5) Sec. 2 
 
 tiou. 
 
 Reg. Act 
 of 1865. 
 »oc. 78 
 
( MM' IX. 
 
 DISi IIAUliK Oh MuUl4.A<iKS. 
 
 177 
 
 t'lfv (li» not apply to riu'istiMtioiis siil)S('(|iH'iit tlicri!- 
 tci; iuiil tliiit ■,i<^ ti til. s- hul)Sf(|ii'nt ri'j^istr.itioiis 
 till' ^'riiiffst caiitiiiii iiiiij ciu'i^ should he cx'.rciscd 
 in <'oiiipl_viii<j; witli tiir r. (|iiii-<iiiriits of tln' law. us 
 it lia>) lu'cn ilrciilfd in maiiv iiistiiiU!» s tlmt dcffc- 
 tivi' iT^'istration (iinomits to tio.i-ic^^istration. Tlio 
 >'atiit iry rci|iiirt'iiii iils aiul i-as.s cited alxivc arr 
 tliiri't'orc iipplicablr to all iii-tniiiiciits cxcciitiMl 
 jirior tit till- first ot'.laiiiian , I Sdi't. wliicii liavc liccn 
 rcf^'istcrcd siiic't' tlic r.iiifdial staliitts Ciinic into 
 (tli'ct, aiil ispifially to tlios' that have not yot 
 ln'cii rt'j,Msti'rrd. 
 
 Hi .1 iiMiti!'; I »;•• Mi)iir(.A(iKS. 
 
 '>7 Win 11' iiii\ ri-;.'i^liii'il iiiiiit^'M^'H liiis li '('i\ Hdlirttit'd, th«> 
 Iti t.'i'ilnir, nil riM'i'i\ iii^; n ci'i I iCkmIc cxt'ciiti'il liy tlif iniirt),'H(^'i'(', 
 or if till' iiiiiii;,'iij.'i' liiiH li.'cii msi^'iK'ii hikI sucli iiHsij,'mntiit rc^is. 
 ti'ii'il, llii'ii ixi'i'iiti'il li_\ .-t'lcli ftH8i;.'iic'»', or hy Hiicli other pf-rson 
 (18 III i_v lie ciitiHi'.l liv liiw to rt'ocivt' tlu> inoiify and to '.iisolmrne 
 siii'li inort^jiif.'!'. i 1 tiif f'irin of Sclicdiile J to this Act, or to the 
 like I'I'ft'ct, cxi'i'iitc'il in tlir iircscin't' of oiii' witncsH, iind duly 
 jirovt II \>y thf oiitli iif tilt' rtiiliscriliinn witness thereto, in tlie same 
 iimiiiier as liereiii is |irovi«led for tlie jiroof of other instnituenta 
 alTeciiiit,' jiuids, shiill re^-ister the shbio, luul every ntlidiivit 
 iittiiehed tin reto or endorsed tliereoii, tit full letiRtli in Jts proper 
 order, in the Uet,'iMtry Hook, and shall nuniher it in like mnnner 
 as other inHtriiineiits are required to liere^'istered nnd numbered, 
 and shall write in the niiirgin of the re^'ister wherein the said 
 mortiiiiKe has been registered, words to the following effect : — 
 
 '' St'r certifiraff jiurportinu to he discharge siijned hy 
 
 (iiaiiiing the person who hasexeiMite.l the same), 'tnd tee Reciittry 
 nnmher — of such rcrtidcatf — ■ linnk (statiuK tlie sanip accord- 
 iiij,' to the faet),' and to such inaix'iiial entry the Ke^istrar or his 
 I'epiity shall alVix his n'nin- ; and the same shaU he. deemed a 
 disc'harKit of such inortKii;.''', mid such certificate so registered 
 shall he as valid and efTectuiil in law as a release of such mort- 
 K»k'e, and is a conveyance to the mort)»aKor. his h<!irs, executors, 
 administrators, or assigns, or any pers<ni lawfully clniminj/ hy, 
 through or under him or them, of the original estate of tin; 
 mortgagor. HI V., c. 20, s. fi(». 
 
 As a mortgage in fee translcrs the legal estate 
 in the lands conveyed therehy to the niortgagi-e, 
 njul his assigns; suhject to the right of the mort- 
 gagor, upon payment of the tnonc^y secured hy, and 
 the performance of the covenants contained in, 
 Buch mortgage, to require a re-conveyance of the 
 
 Uofec tivt 
 
 ri';.'i^tra 
 
 tioii 
 
 amounts 
 
 to nou- 
 
 registm- 
 
 tiun. 
 
 Satisfac- 
 tion of 
 mortgage 
 how regii- 
 terod. 
 
 Entry in 
 margin uf 
 register. 
 
 Effect of 
 such regis- 
 trutiuu. 
 
 MortgBgu 
 transfers 
 till! legal 
 estate. 
 
' 
 
 178 
 
 now INS I 111 MIMS MIK 1(1 111: IIKlllSTI.ItKli. 
 
 f| HAP. IX. 
 
 I 
 
 >li7. 
 
 Hcj! A.'t 
 
 to tiikiiii^ 
 
 dia- 
 
 obnitfuH. 
 
 ll.'r .\<-t 
 
 of IHIO 
 
 liinds jiiid tile Ic^'iil cHtatc tin rein, it would still lie 
 ncccssiirv to olitaiii such rc-ciiiivrviiiicc wlictlicr 
 tlic iiinit^ii^'c lie n'j.;isl( rrd or not. l»iit for the opf- 
 nitioii of fliis section. 
 
 .Mllioiij^li there WHS a fnnii of cirtiliciite of dis- 
 (dllir^e of iiiort;;ii<;e ;^ivell in the schedule annexed 
 to the Ke},'i.stry .\ct nf 17'.'"<, vel there WHS nothin,; 
 in that .\et aiithori/in;.,' same to he taken, and no 
 reference Was made to the certitjcate. To remove 
 doulttw as to the le;^'ality of re;.,Mstratioii of such 
 certilicrtteH the Act I, Win. 1 \'.. ca|t. ICi, was passed ; 
 hy which smdi certilicalt s as had at that time heen 
 re;;istereil under the liee. Act of 17t>'>, as well as 
 from that time hencreforlh, were di'clared to ht> 
 viilid as n leases of niort^^ai^e. and to ()|»erate as a 
 re-coiiveviince of the orit^'iinil estate of the nit»rt- 
 ^Ht,'or. The liej^istrv .\ct of 1H1(», ii 
 
 owever, con- 
 
 ta 
 
 ined 
 
 S^'i'tiiin 
 onl.v u|i 
 plii's to 
 ••ri'(.';isli'r- 
 eil iiiort- 
 
 similar provision to the si ction under 
 coiihideration 1 1 >. 
 
 Tiie section is contined in its a}i|dication t.i the 
 case of " a re^i.-^tered mort^aei'."" W here a mort- 
 ;^aue is not re'-;istered hut is satislied, a ri -eonvey- 
 Miici' in the form of a deed is yet rei^uired. in order 
 
 to pa; 
 
 the lej'iil estate iu the niort'fa''ed land^ 
 
 fiom tile niort;j;aece to the mort^'a}j;or. 
 
 I'rin'tici' 
 in l''iii;r- 
 luDil ns li' 
 )i:iytii"iit 
 of illircK- 
 i.sti'rcil 
 llll>^t^;n^'<■ 
 
 llV Vllulcf 
 (t{ IlKllt- 
 
 gttHor. 
 
 In till case of the )i lynn nt of an unref;is 
 
 tered 
 
 mov 
 
 t": 
 
 ,,r(. 
 
 ind neelect tit ohlain a re-convevance 
 
 from the mortea^'i- 
 
 it has hi'eii said that, in l"'n''- 
 
 land the vendee from the niort.i^aeor need not insist 
 upon the ref^istration of the mort^M^e and a 
 re-conveyanco from the mort},M{j;ee ; because the 
 le<^'al estate which the niort^M-^'or conveyed by the 
 unreeiKtered nH)rtf,'af,'e, ceased to he htdd by the 
 inortjLjagee, upon the registration of the conveyance 
 
 (1) Hi'cs. 2:i & 24. 
 
«M*P IX, 
 
 |»7. 
 
 I'IS( II \UiiH IIV ASSKIM i; (II M'Mtrii MIK, 
 
 170 
 
 trim tlif tiiiii't«,'iij,'()i' to tlif vriiiltc : iitid jis li" liiul 
 liccii piiid olT, 111', of (•(lur^t'. Cft liiii'il no i''|iilty ( h. 
 
 As ill this riovilicr, lliiticc fii till' \tllilir .if tilt 
 
 iiinitj^ii^oi' iif Midi iinrt'yistcrt'il iii'irt;.';;i,u;t' Ims tin 
 .saiiic clTirt ii'-jiiiiist him iis if siirh iiiiirt;,'ii<;f \vi n 
 iji f;irt rt'<,'istt'rr<l. mill tin- K'^'ul cstsifi' woiiM in 
 .^ll('h cii.sc rt'iiiiiiii uiiilistin"lM(l in tin' nnirt^^'iii^ce 
 thf rule Jihovc sl.'itfd, it is apiiri'lnnili'-l, \m i' 1 ii'>t 
 hi' !i|i|)liciii)li' in this Province. Such vcjnlct' . ^ild 
 tithir I'ciiuiri' the rci^istnitioii of thr nm Ij^ii},^*', 
 
 Iti Oiitnrio 
 
 iiHii't^'a^'t) 
 
 IllU-it lif> 
 
 liischiiiK- 
 <'il iir a r<!- 
 c'ciiivi y- 
 HIIC«) liud. 
 
 md the fxcciition and rc''istration of 
 
 rtili.'.jti' 
 
 under this sediim, or the execution i '' a re-convev- 
 anit the le,;al estate fioni the inort^'ai^ei ft Lhe 
 the mortf^a^'or, or the vendee. The i.iort;;a,'^or, 
 or any other party entitieil to r.'diein, is n )t 
 ohlij^ed to acce[>t a statutory di.^('iiai';4' of mort- 
 1,'a^'e when he redeems the niort^'aLSe. He lias the 
 rii^lit to ohtain, at his own exjieiiM' and ciiar^es, 
 from th ■ mort<,;ayee, or his assiy;nee, a reconvey- 
 ance of the mort}^a^,'e(l preiuisrs, itichidiii;^ i covi ii- 
 ant a.jj;ainst inciimhrmu'es ['1). if iie ri'deeius 
 (luriivj; tli(! coiirsi' of a i'oreclosuri' suit, hrou.Ljht 
 upon the mortj^'a^'e, he nniy, at his option, liavt; a 
 vistini^' order (Ml. 
 
 Nor does the statute apply to the case of irrtiii- iiisciinige 
 
 'iiiiiiot lie 
 I'xccutcil 
 
 assi;^'n(M' of a niortgagi.', unless the assi^Minient i ■> hh 
 
 si^rll.'(• (if 
 
 iiiiirt!.;af,'« 
 
 unless 118 
 
 . . (iiyiiiiK'iit 
 
 execution of cortificates by assiL'ru'es is expressly r. mistered. 
 
 cates of dischar;j;(,' of inort<'au'e executed hv an 
 
 itstdf he registered. 
 
 t; 
 
 l)r 
 
 ovision in the section extending' to the 
 
 de[)endenfc upon the condition, " if the inort;.^a<^c 
 has been assigned and such assir;nineiit re^is- 
 
 lli ^'istrii- 
 tidii (if as- 
 si^'iinitnt 
 
 tered." No power is conferred upon an asfii<,'nee,.xiir(sfliy 
 
 renuired 
 
 (1) Susden V. k P. 14 ed , p 547. 
 
 (2) Mcfjonimii v. ^^cL(^lUl, 'J? Gt. o4. 
 
 (3) Ellis V. K W-^, 1 ("liy. Cham. 257. 
 
 m 
 
p 
 
 fW 
 
 m\ 
 
 4(i|lt 
 
 180 
 
 whtn as- 
 
 How INSTKIMENTS \HV. T(l UK KKCIS TKIIKI). 
 
 f HAi> Tx. 
 !Hi7. 
 
 1 
 
 If iissipn- 
 
 
 iiiciit .if a 
 
 ! 
 
 rctristeri'ii 
 
 
 ni.Tt'ia^e 
 is tiiirf>,'is- 
 ter<Ml, aa- 
 
 
 fcl^'IU-O 
 
 
 must 
 
 \ 
 
 citlier reg 
 
 
 ist'jr iis- 
 
 1 
 
 BiRiinieiit, 
 
 execute 
 
 ilischarije, 
 
 
 or re-coii- 
 
 
 vey. 
 
 
 In such 
 case the 
 mort- 
 
 
 gngee can- 
 not exe- 
 cute dis- 
 charge. 
 
 Obtaining 
 
 
 of expres- 
 
 gion 
 
 "other 
 
 J; 
 
 person, 
 &c." 
 
 1' 
 
 i 
 
 Discharge 
 mu(-tfcui- 
 
 E!i;i 
 
 anate 
 from per- 
 sonal re 
 present:»- 
 tivi' of de- 
 ceased 
 mortt^agee 
 or asaij,'- 
 nee. 
 
 Power 
 conferred 
 upon exec- 
 utors nnd 
 adiniuig-. 
 
 of ii m(»rt<,'a^'c, wliicli has not hocii rcgiHtcrod iiml 
 tlif form of tli<.' ccitilk'iitc in ScludiiU' J. points 
 clearly to tht- n-iiuireniunt of tlu' ro}i;i.stration of 
 the assij^'nnii nt. tlu' particulars of such registra- 
 tion bciii^' oblij^tnl to he set forth in as minuto 
 an>l full a manner as the particulars of the regis- 
 tration of the instrument itsi'lf. 
 
 Wh. re the assignment of a registered mortgage 
 has not been registered, the assignee, upon pay- 
 ment ol such mortgage, must either register the 
 assignment, and execute a certificate under the 
 statute, or else he nnist execute a deed of re-cou- 
 veyance ; he not having the power to execute a 
 certiticate so long as the assignment remains 
 unregistered. Where the assignment is unregis- 
 tered the mortgagee could not properly execute 
 such certiiicate, as the statute requires all assign- 
 ments to be set forth in the certificate, with dates 
 of registration, etc. 
 
 The expression " other person as may be enti- 
 tled by law to receive the money and to discharge 
 such mortgage," has reference to the legal repre- 
 sentatives and assigns of the mortgagee, such as 
 his executors, administrators, assigns in bank- 
 ruptcy, trustees, etc. Discharges by Sheriffs, 
 Bailiffs and other ofldcers. are regulated by section 
 seventy-one post. The mortgage being looked 
 upon in equity as personalty, and not descending 
 to the heir at law, the discharge thereof, in order 
 to operate as such, must emanate from the per- 
 s;)nal repr*esentative, and not from such heir at 
 law. 
 
 Atithority to release mortgages belonging to a 
 deceased mortgagee, and to re-convey the legal 
 estate vested in such mortgagee, was conferred 
 
'"1 
 
 riiAP. X. ' 
 567. J 
 
 iJiSt'HAHdK liY KXKCKTOHS, ETf. 
 
 181 
 
 Power to 
 
 npon exocutors ami administrators bv Stat. 12''''*^"" ^^ 
 
 ' IT. ' rt'lciist' 
 
 Vic, cap. 71 sec. ; Stat. 14 vt 15 Vic, cap, 7 il).iin.ir«- 
 
 Con. Stilt. U. C, cap. 87, hoc 5, only autliorized'j'^;"^':;;^ ''-^ 
 
 the exicutors to convoy tlio Icpal estate on pay-<' 7i_, 
 
 ment of the niort^^^'age (lel)t hut not to a purchaser j. nj' ' 
 
 Irom them {'2). The statute autliorizinjj; reU-ase 
 
 by execution u})on paynifnt of the mortgage debt, Liinitt-a 
 
 refers only to payment of the debt in money, and 1^ *(! ^^J'^; 
 
 not to the acceptance of another security instead (3K '""P- ^7- 
 
 Full powers to assign and release mortgages 
 
 were subse([uently granted (4), 
 
 The authority to assign or release mortgages ^''■'"»'<'ill>y 
 ,' , . , . . :v2V„c.i(i. 
 
 does not extend to a foreign executor or adminis- 
 trator of the deceased mortgagee (o). Payment to j,^^,^^,j ,,, 
 such foreign executor or administor, and a release •x-'cmor 
 executed by the heirs at law of the mortgagee, wiUl^i^^,, ' 
 not he sutlicient. The proper Surrogate Court out 
 of which letteis of administration or probate should I'roi.ato 
 issue, is the Court for the County in which the K,',yi,iV),i 
 mortgaged premises are situate. "'^ '-^''^^ 
 
 " *■ here. 
 
 Probate of a will granted to an executor in 
 England by the Courts there, does not entitle the One of 
 executor to act in that capacity in Ontario (0). 
 
 Bv the sixty-second section of the Registry Act *"'"' ^'''^'■. 
 of 1808 it is i)rovided that "every certificate ofvitii.idis 
 payment or discharge of mortgage executed by the 
 mortgagee, his heirs, executors, administrators or 
 assigns, or any one of them shall be valid."' This 
 provision is incorporated in the sixteenth section 
 of the Revised Statutes of Ontario, cap. 107. 
 
 (l)Sec.8. I 
 
 (2) Hunter & Fnrr et al., 23 U. C. B., 324 ; Robinson v. Byer?, 
 9Gr.,572. 
 
 (3) Dilk V. Douglas, If, W. C. L. J., (N.S.) 7<5. 
 
 (4) 32 Vic, cap. 10 ; 11. 8. (Out.), c. 107, sa. 15 & 16. 
 
 (5) In re Thorpe, 15 (xr., 76. 
 
 (6) White V. Hunter, 1 U. C. R., 452. See Grant t. McDonald, 
 8 f?r., 468. 
 
 several 
 exi'ciiturs 
 
 char{,'e. 
 
im 
 
 i'«. 
 
 11 
 
 1H2 
 
 now INSTRUMKNTS MiV. TO HE RKtJISTEKED. *""Vr^ '^■ 
 
 Altli()up;li it was at one time held that a certificate 
 of clischai'i^'e of inortj:;age shoiUd be executed l)y all 
 the executors, in order to be valid (1), vet it has 
 
 ' ►' 
 
 As-.it,'ii- 
 niciil \>\ 
 tuliiiinis- 
 trator 
 nt'f'cl not 
 state liis 
 fti'tiii;; lis 
 sni'li. 
 Discli:irj,'f 
 
 of IHiMt- 
 
 tlliMit;!! 
 rcvfistcn (1 
 upon lie- 
 ffctive 
 proof, oj.c 
 rates as n 
 re I'lMivt y- 
 ancc of 
 lej-'al »'s- 
 
 tllt.V 
 
 I<f(iuisitcs 
 to Viiliiltite 
 (lischiir;;o 
 ns u rc- 
 convcv- 
 
 lUlOC 
 
 Disrliai{;i- 
 oponiti'S 
 as a TO 
 convtv- 
 aucf from 
 date of 
 re^ristrn- 
 tioti 
 
 Hut a re- 
 coiivey- 
 iince liy 
 deed from 
 
 been held tliat, since the [jassage of tlie section 
 just cited, one of several executors can alone 
 execute a valid dischar<^e of mortgage {2). 
 
 All assignment of a niortgiige by an administra- 
 tor is valid, although the assignment does not state 
 that he executes the same in his cajiacity as 
 ills administrator [H). 
 
 A Registrar having recorded a Ctrtificate of dis- 
 charge upon a defective alliilavit of execution, it 
 it was held that he should i)ro))erly have refused 
 to register it : but, having been registereil, the cer- 
 tificate was effi'ctual as a rt'-conveyance of the 
 legiil (stati; to the mortgagor (4). 
 
 In ordtr to give efTect to the certificate as a 
 re-con veyji nee of the original estate of tlu; mort- 
 gagor it is essential that tlieri' slioiild be ^n pay- 
 ment, (h) execution of the certificate in the mode 
 prtscribid by tiu! statute, and id registration iOK 
 
 The cirtificate of siitisfaction of a mortgage, or 
 
 tl 
 
 le 
 
 pe 
 
 rforman 
 
 Cf o 
 
 f th 
 
 dit 
 
 le conditions tiierein, lias 
 
 th 
 
 efTect as a release of the mortgiige. or as a re-con- 
 vi'vancc of the legal estfite, only from tlu- time th:it 
 the rf^gistration of sindi certificite is comi)let<.-d, and 
 has no relation back to the date of certificate, in 
 this nsiieet it ditfers from a conveyance or re-con- 
 veyance, umhr seal, of the legaU state tothemort- 
 gagor and his assigns ; which, similarlv to evcrv 
 
 U) 
 
 .Mcl'luidiliii V. l?acoii, i:>(ir , JOl. 
 
 ' 
 
 (^1 7:.r /w//7,'.JoliiiHon, t> 1' K , L'-J.".. 
 (Hi Varriii(^toii v. I,yoii, \2 (Ir , .idS. 
 
 (4) Ma^-'rntli v. Tocld. 'Jd l'. C, K., 87,' apjirovcd of in Kvan v 
 Pevereux, 'Jt; t'. C. li., 100. 
 (5)11., 
 
CHAP. IX.' 
 
 5«7. : 
 
 DISC'IIARGK. MtlST UK. RKdISTERKD. 
 
 183 
 
 other deed, operates from the ilelivt-rv. indfiniid-.'''''' "'^'^^' 
 ently of rej^istrtition d). rntiir.'g- 
 
 A certilicate of (lischiir;:f of iuMrt<;;i«'c Las n^.s*'"^'/-'^ 
 t tTeot as a re-conveyanee of the h';^al estatf uiilil ay rvi- 
 re«:;istere(l, l)ein^', until sucli reiu'istrati'in takt > ^^^^'^^ 
 phu'c, only ( viilence of payiiiiiit cii. A ili.-<(-]j:ir'^t-i»...-- not 
 of inort;4a<:,'(', )iot hciiif:; iiieJi r stal. i^ n<it nn'^'^'^ ^ 
 e.-toppil as to the fa<'t of payment (:{i. .\ <lis- *+ « fj<--t 
 char;.;ii of m()rt;^'a,^'e. [iriof to rt^istry, operate. ^ ''••'iiy siv-at.' 
 as a reeeipt (Ji. 
 
 In Lee «N(/. V. Morrow (o), |)iaprr ('. J. ohs' rv« J 
 that "the statiitorv certilicate in itself and lakv^ '."""''"•'"r'*^ 
 
 ^riT»-ri Its 
 
 iilont- is only evi(li'nc(i of pnynient. it contain* tcE^ary by 
 lid Words releasing tin niort^;i<^or Iroiii Ijis cown- ^^^^ rv>'is- 
 ants. nor conveying the lands to hiiu : its f' rce hi'f^'^i'ja 
 these particulars is derived from its » ntry aui j:^.. Art 
 registration in accordance with the Act." WlK-ri-r'"»-r "f 
 
 ..,.,., , , \it.»rn*'y 
 
 a ccrtiticiite ol luscliarge \\; executed under -.ii^^-ij 
 Power of Attorney, which, a. <r authorizing tlit ^=^'' *.°** 
 attt)rney to sidl the lands of the ]»rincipal. ariJ<-i.«r<.>^ is 
 give receipts for the coiiKideration nmnev, emiMtu-- ^^"'^.°* 
 eied him, ui)on payment of all or anv d; ht.-. te«'"'"''«'^^le 
 give proper and sullicient aciiuiMances and d]~- j,:",,i..,.rito 
 charges lor the same; it was held, that >uliicii-ut ■'*"-"^''"''''' 
 
 , . . , ""' «a'>'t- 
 
 authority was theri'hy conterred. to eiiahle tL'-ip«g*. 
 apiiointee to sign the ^tatiit(n-y certilicate of dis- 
 charge of mortgage (G). lUit an authority to an 
 attorne'y or agent to riceive payment of inttn>J. 
 due on a mortgage not in his [lossession. docs ik4 
 entitle him to receive payment of tin- princip.il <7>. 
 So an authority to collect riiits, to contract iortije 
 
 d) Siilcy V. Hiinlciistlc, II ('. C. f; K,-.'. 
 
 (J) LtM- V. Mt.Mow, "J.") r. (.'. ](.. Oei. 
 
 i:;i l!i-l(.\v V Still, y. 14 V.C. 1'.. 2ir,. 
 
 ( I) Trust cV liO-ai Co. v. (Mtlill^'llf■l■. H 1'. K. <.<7. 
 
 I'll M jmge (J 10. 
 
 (0) lb. 
 
 (.; i'iiliiiiv V. WiiKstiinli'v, 2;i I'. C. l\, oSG. 
 
¥ 
 
 
 1 ' 
 
 
 
 
 184 
 
 HOW INSTRI"ME\T> AllE TO 
 
 iD. 
 
 'i HAP. IX. 
 
 i Vu. 
 
 tlloll^'ll 
 
 nut f'xe- 
 ciitfd un- 
 til Mft.T 
 
 default ill 
 payiiiout. 
 
 sale of property, and to n'(H'iT^l]W.fi)\vn payments 
 thereon, does not i ntitl*' the iu5rCjT o receive pay- 
 ments on a mortj^age f^iven ic innail [mrchase 
 money il). 
 
 It was at one time doulited. ■Bi.i-nii.-r the certifi- 
 cate wouhl operate as a dist-haj'z^ :Ln<l re-convev- 
 anoe, if not executed until afVir iVtiialt had been 
 made in the mortgage. Thi^ fli'ihs ^a.s removed 
 by the Kegistry Acts of IKC." ::^ lad t^KH r.\\. pro- 
 viding that every cirtific'ite o' : -• lari:*- of mort- 
 gage, or of tlie conditions tbtj-- •••Quained, or of 
 the hinds or any part thereof. ■.' :' my portion of 
 tlie money secured tlitriLy. w v^^aCsotVer tinio 
 given, and whethtr btfore or uftrtr tihe time limittd 
 by the mortgage for paymt-Lif >'j- [ji^cformanee. if in 
 conformity with the llegistry A-en. *h.<)iild in- vahd 
 to all intents and pnr[)ose?v. SM* g»rovisiou is now 
 contained in the sixtft-ntb sttd^oa of the llev. 
 Stat. (Out.), cap. 1U7. 
 R^gis- SemhJe that the Itegistrurf d-unmeate. endorsed 
 
 trar s cor- . . , , . 
 
 tificate of upon a mcrtgage, that Ihr c.t'JTi;lit;aCe ot tlie dis- 
 diac'haT'e^ '^'"^^""^ thereof is duly rf.girS.rrntil,, is sutticicnt 
 is evi- evidence of a re-conveyanoe.. 'winliijijat proof of the 
 ret'onvcy- ex<'Cution of the discharge it^nM -fii. 
 an<;e. ji-j an action by the Tendcyr :kr:unst the vendee 
 
 jl°/^ " it. appeared that therf -were tv } oiortgages upon 
 charge in tlic land, botli of which Lad iieen paid oti': an 
 
 li*'tristrv 
 
 - ■ entry of the discharge of om -it the mortgages 
 
 had been duly made in tbt llu*gi.stry Ottice ; of 
 the other a certificate of ferliarge had been 
 
 Book.'., 
 
 eviiieiice 
 
 of the 
 
 proper 
 
 form of 
 
 the ilis- 
 
 charKe, 
 
 latter not ,. , , . , t i i i 
 
 lieing pro- discharge, which was uot jpi^ilaoed, must be 
 
 dnced. (i) Greenwood v. the Commerciul iBioit.if Caauda. U Gt., 40. 
 
 (2) Sec. 60. 
 
 (3) Sec. 62. 
 
 (4) Doe d. Crookshauk v HumttenoinH. A 0. S., 103. 
 
 duly signed, but not registeirefl- Ic was held that 
 from the entry by the liegi^iT/rflir.. the oertiticate of 
 
tfllAP. IX. 
 
 Uu. 
 
 WHEN DISCH.XnOK OF MOUTUA(iE ISOPKRATIVK. 
 
 assumed to have been in proper form, and in 
 accordance with the statute ; and as such entry 
 had, by the statute, the force of a re-conveyance. 
 the first mortgage coukl form no objection to 
 plaintiffs' recovery (1). But the discharge of the 
 second mortgage not having been registered, the 
 legal estate remained in the mortgagee, so that 
 plaintiff's could not recover. 
 
 It is necessary that there should l)e a separate 
 certificate to every lu )rtgage which is to be dis- 
 charged. A Registrar therefore cannot be com. 
 pelled to register a certificate applying to nure 
 than one mortgage (2). 
 
 It has been said that the omission in the certifi- 
 cate of the registration number of the mortgage is 
 not an essential part of the certificate, to justify its 
 rejection by the Registrar (3). In this case l{ob- 
 snu V. Waddell was distinguished, upon the ground 
 that the defect therein objected to was patent upon 
 the face of the registry book. 
 
 The certificate, however, will not operate as a 
 re-conveyance or discharge, if taken and registered 
 under a misapprehension of the rights and equities 
 of the person paying oft' the mortgage. Where a 
 party paid oft" a mortgage, under the erroneous 
 impression that he owned the equity of redem})- 
 tion, and took a discharge thereof; it was held that 
 under the circumstances no legal estate passed (4i. 
 
 In this cise the ecpiity of redemption had been 
 sold under an execution at law and a conveyance 
 thereof had been executed by the Sheritf, purport- 
 ing to convey the same to the purchaser, who paid 
 otf the mortgage ; but, neglecting to obtain an as- 
 
 (1) Lee et al. v. Morrow, 25 U. C. R., 604. 
 
 (2) In re Smith v. Sheiistou, lieg. of Bruce, 31 U. 0. R., 305. 
 
 (3) lb. 
 
 (4) Howes V. Lee, 17 Gr., 459 ; see Lee v. Howes et al., post. 
 
 18 
 
 T'ntil rei?- 
 i-<tnitii>n 
 of (li^- 
 chari,'e the 
 
 estiite re- 
 mains in 
 tile luort- 
 
 S»j)»rate 
 iv-rtifii-at*? 
 Tf<\nire<l 
 lor «-ii<,'h 
 ini>rtuiu?e 
 to \>t^ ili.s- 
 
 cll:ir;,'i»il. 
 
 Orui.-sion 
 in ilis- 
 ch ir/f- >>{ 
 tliH naiu- 
 
 l.MF uf 
 
 iii.irtL.'U.'rt 
 tint fivtai. 
 
 I>i.scli.iri.'e 
 will ri'jt 
 (>|i T.tte :ki 
 rc'-onvey- 
 iiiii't' if 
 tiikf-n and 
 r.'t.'i-'tf-rt-il 
 ini U-rrai.-- 
 upprt-hen- 
 >un\ a.s to 
 riijiits >){ 
 patty pay 
 inj.' uif 
 niortsat't*. 
 
 As where 
 lc)jal c<- 
 tate iloes 
 not pas>. 
 
 
11' 
 
 'i 
 
 I 
 
 
 
 
 nl 
 
 IHO 
 
 llnW INsnUMKNTS AKK TO |;K l!r.(.IsTi:i!KI). 
 
 < IIAI- I 
 
 ^*''. ^^j';'" " si'Miiiu'iit took instiTid. a statiitnr\ discliartz"'. wliirli 
 
 Mllfal.lr . . • 
 
 f)rMiof 111' I't'^'isterc' 1. :iii<l llnii went into possession of tin- 
 (•(■rtiti.Mt.. j„.,,.„.,.tv. The Slu'vitrs sal.' liavin- Imm n .lodaiv.l 
 
 IS III)! 11. ^ 
 
 ii'l'i''''!- Vdiil. ill coiist(|ii(iicf of till- invalidity of IIm- writ 
 under wliiidi tin- SlicritV S(dd, tlif nMrt,L:a'-,'or l(r«>ii;,'iit 
 
 iiiiiiii 
 
 .f 
 
 piirty |>!iy 
 
 tr 
 
 111'' (> 
 
 limituii^ 
 nut 111.1- 
 
 ti lUli 
 
 an injui 
 
 (■j- ctMiiMit aj^ain>t the i)iu'(d)as(r : l)Ut 
 
 tiiMi toristiain sudi suit was <:rant(d npon tlie ap 
 
 j'iiciiti.in of tli<' lattt r. 
 
 The (*( rtilicjitr. in this case, should liav'- h. , n 
 j^iv, 11 iiiiih r the two huiidrrd and tift\ -ti;_dith <• .-. 
 tioii nf tin- ( 'oinniitii Law I'lccrdui'i' Aft il. I'cit- 
 
 iiiL,' that 'h( 
 
 P 
 
 ■h 
 
 iiiicli'iscr 
 
 had 
 
 d olV till' iii(irt''ai 
 
 instead of which the j.iirrhasi r ohtaimd thr stat- 
 utory form undir the lUj^isny Act thtii in foicf. 
 v.hicli stated that the niortj^^'aeor iiad paid otV th-j 
 nioi-t.'if;.'e. it was 111 Id. that the takin.i; "f tii.^ 
 latt- r fonii of c ititicale ciuild not def< at the jiiir- 
 chaser's tiile liy vtstiiiij the niorteaLior's t-stjit' in 
 
 tl 
 
 le niorl;:ae()r a 
 
 hsuluti 
 
 lilt ti.at it wuu 
 
 id 
 
 niii. 
 
 tl) till lielielit of the jUU'cdiasi r. a> tln' assi;4nec of 
 the iimrtLra'r'ir t'l\ 
 
 A niorf^'aj 
 
 as held hy an assi^uiee for t 
 
 i>- 
 
 hi iieiit of the assi.i^nor, (the niorti^'aiicc,' and tli-/ 
 niort_'a;,'or. without notice of such assi<,'nMieiit, 
 paid to the niortga}:,'ee the amount due on tli-- 
 mnrtfza;^-', and ohtained from him a discharge 
 unch-r the statute. I'pon ti hill tiled hy tin' a>- 
 sii^uee's representatives, who tdaimed the assi^'U- 
 meiit to liave been absolute, seekinj,' to enfirce 
 pavineiit of the mor{<^ajj;e by sale or foreclosure the 
 Court declared that the m()rt;.;a;;or had rcted Inmi 
 fide in payin<? off, and obtaining a discdiar«^e of the 
 security from tlie niort^^age, and ordered tli«- 
 assi'.,'nee*s representatives to execute a release of 
 
 (li Coiitiiiniil in H<v. Stat. (Out ). cap. Cfi. sic. 8C.. 
 l2i Lee V. Howes rt al., m V. C. U,, 'I'J^. 
 
:vTi 
 
 (IIAP. IS." IMMMI-11I\I. OMISSIONS IN DISCMAIMIK 
 
 IHI 
 
 tlif in()rt<^'!>j^'(' : it hi'iiiL; dtjubtful wlit tin r under tlu> 
 ciriMinistiinccs tlic discliiirj^c tVoii'. the iiiort^ML'ct' 
 
 Wol 
 
 lid liiiVf till' ilTt'Ct of revesting' tlir lil-o|urt 
 
 V 111 
 
 t!i-- iiiort^'iiiroi' < 1 
 
 A iiioi-t^';im)r. piidi' to liis d( iitii. lind |i;iid iil>'iiit, 1 
 
 d 1 
 
 Id Ills 
 
 till-' t-f"nrt!is of till' iiiin'tun.ui' luoiicv : m 
 wid'iW. iictiii'i oil 111 liall of his (stntf. piiid tin- 
 ]■. -idiic. i'lif crrtitii-ir'r of di'>(di!irL;i\ L'i\fii four 
 
 avi r s 
 ;illM' iniiv 
 
 ;rlli''r 
 
 ■ llliUrd 
 
 Vi ;i 
 
 II:H 
 
 •I -nil 
 
 r- ;ifti r liis diiitli, stalcii tliiit tli-' iiiort.u'a^or 
 
 1 sati-'lird till' iiiort^M.L'r. and that it was there- nK.rtLMtjtr 
 
 tloll 
 
 fore di>'diar.ued. etc. : held, siifticieiit. Sfiiil:lr 
 
 full )iri 
 
 ni 
 
 t(Ct>l»lnrt- 
 
 f'lut it w.iii 
 
 d have licin siilVicieiit. also, if tlu';-::ir"" 
 
 III 
 
 jiavic 
 
 name liad li'Cii aito''ether omitted {'1' 
 
 Mlhl I'll- 
 
 taiiiiii^ 
 
 In an ariioii hv the jil.ainrirf, as udminislrator of ai-diar 
 a iiiort^ai^ef. a ^aiiis^ the dct'eiidant as the iiiort- 
 i'a''or upon hi> eoveiiaiits fon<iiiiied in a rt^i^tered 
 iiioimaue, the niort;;a<..;or pU inled u|'on e(iiiitahle 
 
 jjirouui'is that. In 
 
 lore 
 
 the instriiiiieiit sued lor fell 
 
 due. the iiiortL,'a^;i e inform'. (I th'' niivt;^ae;or that 
 the inort.ua.ei (' could not 'ind the inortj^'aj^'e. and 
 the n;ort;^'a,L,'oi- said in was |ii( pared to )iay 
 when it fell dii<' : that when he riceived notice of 
 the.-,uit, he notitied the plaiiitilfs attorneys that 
 he was I'lepared to [lay on piodiidion id' the diip- 
 lii-ale c 'py. wjiiidi had heeii held hy the inorteaei.^.^ 
 of oil proof of llie loss: and that la was and is so 
 prepared, hut plaintilf rclustd to show said copy 
 or furnish any proof of loss. It was in Id. u[!on 
 (leuuirrer. that the jilea was had. for it must be 
 assumed that the m()rt<:;aj:t' wa.s recorded at Ic iie;tli : 
 no assii^nnimt had directly or indirectly, or liy 
 dcjiosit, hceii averred ; and under the licpisti y 
 Act tlie defendant would be fully i)rottcte(i, on 
 
 (li >fc[)(m(int:li V. r)i)Uf.'}n'it_v 10 (it. 4'2. 
 C-'l Ciiriick ,t (il. V. Siiiitli. Ho I'. C. K., ;{-18. 
 
IHH 
 
 HOW INSTBtlMKNTS ARK TO UK KKOISTKKKI). 
 
 r 
 
 HAP. IX, 
 
 "When re- 
 conviy- 
 
 will I..' 
 pri'Huuifd 
 
 As to re- 
 lease of 
 part only 
 of lands 
 mort^^aged 
 Portion 
 released 
 to be de- 
 scribed. 
 
 :^i 
 
 ixiymt'iit of the mortgage and recording tlie dis- 
 charge (1). 
 
 Wlii're a mortgage lias been paid off, but no 
 re-conveyance, or certificate of discharge, has l)een 
 executed, and the mortgagor has remained in pos- 
 session many years, a re-conveyance will be pre- 
 sumed (2). Under the thirty-lit'th section of "The 
 Hxecution Act" (!}) the interest of a mortgagor 
 may be sold in execution, and the purchaser of 
 such interest, upon paying up the mortgage, is 
 entitled to receive from the mortgagee a certiticato 
 of discharge, in the form mentioned in the thirty- 
 sixth section of that Act (4). 
 
 As to whether an action can be maintained 
 against the party executing the certiticate of dis- 
 charge, upon the assertion contained therein on his 
 part that he was " the })ers()n entitled by law to 
 receive the mortgage moneys," if by the act or 
 wilful default of the mortgagee or himself he were 
 not so entitled, see the remarks of Proudfoot, V.C., 
 in McLennan v. McLean {')). It is not absolutely 
 necessary that the certificate should be in strict 
 conformity to the form of Schedule J. to this Act. 
 It will be sufficient if it be "to the like effect" ((>). 
 
 For discharges of mortgage by purchaser of mort- 
 gagor's interest under execution, see sec. 71, post. 
 
 ()8. In case the mortgagee or any assignee of the mortgii^jio 
 desires to release or discharge part only of the lands C()niain(;J 
 in such mortgage, or to release or discharge only j)art of tho 
 money specitied in tiie mortgage, he may do so by deed or by a 
 certiticate to be made, executed, proven, and registered in the 
 same manner as in cases where the whole lands and niortgiigtt 
 are wholly released and discharged; and sucli deed or certiticiitu 
 shall contain as precise a description of the portion of lands so 
 released or discharged as would be necessary to be coutaiuoJ 
 
 ()) McAulay v. Boyle, 25 U. C. P. 28!). 
 
 (•2) Collins V. Dempsey, 14 U. C. 11., 393. 
 
 (3) Rev. Stat. (Ont.) cup. 6C. ^ 
 
 (4) See form in Appendix A. 
 
 (5) 27 Cir., at p 50. 
 
 (6; See in re Smith v. Shenston, Reg. of Bruce, 31 U. C. R., 305. 
 
fl?\l'. IX. ' 
 
 litis. J 
 
 PARTIAL, OKKTIKICATK OK DISCHAKOK. 
 
 189 
 
 uti'ly 
 
 iiiiinod 
 (,f tl» 
 ir liv II 
 ill the 
 orti^ii^'o 
 i-titiciiti! 
 iiiiil^ so 
 lutaiuod 
 
 IV, 305. 
 
 ill an iiistriitiictit of coiivfyiiiico for rcKlstriitinti inulcr tills Act, 
 (iiiil iiIj^o a i>r<'cis(' stiitciin'iit of thi' aiiioiiiit or piirticiiliir sum 
 or sinns, sd rt'lciisiMl or disflmr^'ed. 'M V. c. '2(t., s. (il. 
 
 I'litil the i)iissiti'^ of the Act 14 & 15 Vic, can. T''''"" *''. 
 
 I'll • , 1 l-l'"» N ic, 
 
 7, when it ■vvas desinibk' to release a iiortioii of i. 7. por- 
 
 preiniscs under niortj^aj^e from the enciuuhruncej^'^'^'^j' "J,,, 
 
 crciitt'd theri'hy. it was necessary to do so hy deed, iMciniscs 
 1 1 • 1 1 • il 1 ' Wire ro- 
 
 to he rej^istered ni the usual manner. icuscd l.y 
 
 By the eighth section of that Statute it was pro-''^'*^'^- 
 vided, that the executor or administrator of a 
 deceased mortgagee might convey, release or dis- 
 charge the mortgage debt and legal estate in the 
 land, or any ])ortion of the lands, in as etiectual a 
 manner as if such conveyance, release or discharge, 
 had been made by any person having the legal 
 estate. 
 
 Under the authority of that section it was decided, I'luler 
 that a Ki^gistrar was bound to register or file a i{I!!,iJtrar 
 certificate of discharge of a portion of the lands l^'^'* "'•• 
 comprised in a registered indenture of mortgage ; reKlstor 
 although from a vague wording of the Registrv'H'"'^'''''''''^ 
 Statutes then in force, the Court would not under- lamls. 
 take to direct the Registrar to pursue any particular 
 course as to mode of registry of such certificate (1). 
 
 The discrepancy existing between that section, Discrep- 
 and the twenty-third section of the Registry Act of t^.^lj^.y^jji^t 
 1846, was remedied by the Registry Act of I8G0, -^^'t ''"'l 
 the fifty-ninth section of which corres})onds with imk; re- 
 section sixty-eight of the present Act. moyiil 
 
 .' O I liy Hog. 
 
 Mortgagees and their assignees must be careful Act of 1865 
 not to execute a release of ])art of the mortgaged ^,i"'t.'o" '" 
 
 (lispharg- 
 
 prennses if the residue is not of sutVicient value to ing part of 
 realize the mortgage security. '"'"^*^ 
 
 A mortgagor conveyed part of the mortgaged wiien par- 
 premises to a purchaser, and covenanted against '"'^ '^'^' 
 
 (1) In ro Ridout, 2 U. C. P., 477. 
 
lUO 
 
 l|(i\V IN->Ti:i\IK\ IS \!tK III UK IlK'ilSIKKKI" 
 
 III VI' IX. 
 
 cllillt 
 
 CDI'lN Willi 
 
 iiiciiiii!ii'iii"i'-i. Till' 111 )rt^M;,',M' siil)-,"(iii''iitlv I','. 
 t- Icasc'l tlif i)ail so .->uM, Iroiii his m )rt;;ii'4i'. il' M, 
 *'!"■"'"''* that JiH till) ruluiist' Wiis in aiTDrilaiicc witli ih 
 
 el. mil 111' 
 
 obli{,'iitiiiii iiii)rt;_;a;^iir's own oMi'^ation as to thai |».irl. it ihd 
 not all'ict the 111 irt,'^a'.,^'i:"s ri'jjit to ri'rov.',' thi; 
 inoi't<j;a;^(' di'lit, or his li"n on I'lir ri'.^L of ihi; niort- 
 f..;ii;4t'il piopcrty ill. 
 
 ^yi„,,i WhtTi! tile niovt^'a;,'!!' and niorti,M;^'<'r s )li] and 
 
 iiii.rt!.'iiKii'f()nv('yud part of thr inort;4a,^'t'd pro[)i!rty. without 
 cii.ir^Miii; tlir (u)ncnrrencH' oi' a person to whom, siihseipicntly 
 l.iii-i I'iin- to the niortuaj^'t!. tlu; niort'Mi'or had sold the rc- 
 
 llllt cull 111! _ , 
 
 viiiiiii'oi maindcr of th(! property, and whose inlertist was 
 known to the niortutai^ce ; and the in )rt.L!;ai,'ee cov- 
 
 »ii(ii-tf.'ii^'iii' 
 
 us til lilll- 
 
 cnanted for freedom iVoin incmoljrances. ; it w 
 
 us 
 
 li(dd, that the inorti 
 
 a,u't'<'. Imvin^ therehy ]iiit it oi 
 
 Uii!.' a. 
 
 of his power to recover the whole of the inort;^Mj^'il 
 property, could not call on the owners of the 
 remaining ))ortion for payment of the halance of 
 the mort;jja;4e money /2i. 
 
 This rule does not ai)])ly to a sale under a [low^ r 
 
 r^lT'''-'' of sale contained in tl 
 
 le inort^a.i,'e. the power hav- 
 
 to -^llll 
 
 'i""l''' in'' prect'dence over the ri'dits of the vendee. 
 
 M. 
 
 When th(! morti^ai 
 
 ri,Li;ht to claim a lien on 
 
 ,'ljt tl 
 
 irll WlH'll ];. 
 
 lost 
 
 the unsold jiortion has thus been i)ut an (Mid to, it 
 not I'evived hv his afterwards ohtainin:,' the coii- 
 
 CUIl 
 
 ti„. 1,.- sent of the lirst purchaser to a re-conveyance 
 
 on 
 
 vivcil liy 
 
 I'CI'DllVl V- 
 
 ani't' frniii 
 puri'hasi'f. 
 
 Hiiw fill' 
 
 jiayment of the mortsiiirc- money {'^). 
 
 I"'irst niortga.Ljees with a power of sale releaseil 
 
 1K)rtious of the luortj^a^jed property to the mort- 
 
 r;"' '•'''''''- erajjtor. Held, that this did not ;];ive ])riority t') 
 
 ('iiiii''t 
 
 fi't'ts'^iii'st a suhseqiient incumbrance with respect to tin 
 """■*'. ri'inainder of the i)ropertv, but nii,i,dit render thi 
 
 gagfti .s 11.' -^ 
 
 (1) Cruwforii v. AriiKnir, 1.5 <ir., o7C. 
 
 (•2) (iowlaiul V. (i.uliiitt, l:{ (ir., .J78. 
 
 (;{) II). See Beck v, Moll'iitt, 17 Gr.. t'.iM. 
 
m 
 
 I Kitiirii' \ 1 r.s III' nisi II MKiK nv M\ititiKi> whmia. 
 
 I'.il 
 
 tiist m)rtL;tij,'('('H rcsixiiisihlc t(i the second l*"i" tli< •',;]"'.", 'j",|', 
 fair viiliio of the pari'. 'Is relcas m1 i 1 1. 
 
 W.llils >nl» 
 '!> lit 
 
 i;.) \vi. 
 
 iiiv i'i'L'i'it"ri'il 111 trtLMi.'!' of liui'l-i wln'i'iiii a iii:knii''l 
 
 W lltllll ll ippi'lH 
 
 t.ihi' 
 
 ■.\ lil')|-t;^'lu 
 
 til 
 
 M'l'iii. or will 
 
 )f tl 
 
 I'f llHSlv'll 
 
 i- II 111 irri' I w. ml 111, lri'< li «i'ii ><(tisli • 1, tli.i 11 '^UtiMCiin rocrivii 
 
 a f 
 
 •rtilic itc, ill 111.' form (if Srlii'luli' .1, aiiiii'xi'.l t.) this Ai-t, or How in. ■ri- 
 
 te til., lik" clT.'ct iiii'l ex. '.•lit,', I UM li.'riiiiiifiir iin'iitioip.il, -ill ill ;,M^'..-i to 
 ri';i>ti'r s'lcli c 'rtitii'iitc in tin' sum.' mmiin'riH is iirovi.lcl hy this minii'il 
 
 Art f'l 
 
 ri'u'isti'iiiii' o 
 
 th'.r 
 
 (■i'rtiti.';itcs of .lisch ii„',' of iii.irtt,' :i„'. 
 
 an. I 
 
 WOlll '11 
 
 -ii'h (• 'rtiti' iti' sli ill 1)1' .1 . .iii.'.l a .lisi'li.ir^'.' of -^ii.-h iii irti^M','.' to di-i.-harK- 
 llidsiiii ' i'lTi'(;t as .my othi-r (•■•rtitii' itcs ri'L!isti'r>'.l iiii Icr this A.'l. i. I. 
 
 '.'. Any such ci'rlii'KMti' ),'ivi'ii lii'twi-i-ii tin' lllth il ly of I> 'i' 'in- 
 I. !■ HlH.'aiil ••i" 'Jfth (lav of M iivli 1H7:», shall li! ilfniu -il t.. 
 h.iv.' hiM'ii siUii • itly cx.'.Miti'.l if it il i^ 1) ■ Ml i'\ ■(•'it ' I jointly 
 
 Mil" of 
 
 (•sci'iition 
 
 Midi iii'irrii'.l w.i.i 
 
 II ill an. I her liii>li:in I ; aiil fr.iiii an. I after tlio ''>' "' "'■ 
 
 •.';lIll day of March, isy.'t. and after tho iiassiin,' of this Act, ex. 
 
 ricd 
 
 i|ii 
 
 on cither j.iintly hy tli.. in ini.' I woiii in an 1 her lin-diaii I, or ""'H- 
 
 iiiiit to •■ 77/' Min-inl Winning li>;il HHntr Aft, 
 
 ill ill 
 
 .I'ciii 'd siilli •ieiit execiti'iti, all 1 it sli ill not II ' necessary to pro- 
 
 d'lc ■ aiiv (■ 'rtil'ic it" of 
 
 1 in line I woni III iiiviii'^' li '.'ii (>xiiiiiii 
 
 ■d h 'f(! 
 
 ire iinv ot tU'' |i 'rs.iiis aMiiiiri/' 
 
 hv tll( 
 
 AWr 
 
 tvvi'cii said dales t.iiichiii'' her consent thereto in anv 
 
 in forc'' he 
 ■, :;j\ 
 
 (». 
 
 I : ;!('. V 
 
 1^, 
 
 •l: 
 
 .tl V 
 
 -M, 
 
 liC. V 
 
 1 I. 
 
 K.'V, Si it. 
 127 
 
 III 
 
 riidi'i- tilt' ('in. Stat. ('. ('. Ciip. .S.'), it was es- " 'i"'^it'' 
 ntial to tli(^ validity of tiny C()iiveyiin(;(? fi'oni a 
 ivfied woiuiiu .'ilfcctiiii:' her rtnil estate, that she """''""'•^ 
 
 to convey- 
 ance hv 
 
 ttdinell 
 
 r (' 
 
 slumhl cKi'ciito it jointly with h(ii' hiislian.d, tuid im.ler c.s. 
 underf^o iin e\;iiniiiatiou touching her consent 
 liifoi'e a Judge of the Siii)i'rior ov County Courts, 
 or two .Tnstices of the l*eaco for the connty where 
 ■■-he resided or hai)poned to ho when she exeonted 
 .such conveytince; a certitieate of such examination 
 heiu'^' endorsed upon such instrnnient. 
 
 Thus sto')d the law iiiiHl the l!»th J).'('einl)er, ll. 
 1M(),S, when hy Stat. '.VI Vic, cap. !), it was ))r( 
 vided that mortgages of lands, wherein it inaf- 
 ried woman was mortgiigee, or whereof she was 
 iui assignee, could he discharged in like luiinner 
 ;tnd to the same effect as other mortgiiges could 
 he discharged hy a certificate executed jointly 
 
 il- 
 
 l.'led hv 
 :l2Vic,(",l 
 
 iv her and her hushand 
 
 ni 
 
 tl 
 
 fur 
 
 )th 
 
 le lorni provK 
 
 led 
 
 ler discharges of mortgage, and that it 
 
 o"'r3'^' 
 
 Ue^'istra- 
 tion of Jo- 
 
 (1) The Trust & Loan Co. v. Boultou Is dr. •2;U. 
 
!' 
 
 
 
 1{)2 
 
 ffctivwilis- 
 iiiiiirii'd 
 
 WlillII'll 
 
 (trior t(i 
 litlli Dec, 
 lM(iH, 
 fiirrd liv 
 :»tVic,t"2J 
 
 IKiW INMTHTTMKNTS ARK TO UK IIK(JISTKRKIi. 
 
 
 I'rovisiciii 
 of H. S. 
 (Out, I. ell 
 127. "Miir 
 ricd Wo- 
 iiiiiu'h 
 l{c.il Ks- 
 tiitf Act.' 
 
 Order dis. 
 jicnsiii^' 
 witli coll- 
 curri'iict' 
 of liiis- 
 buud. 
 
 Reg. fee 
 on order. 
 Order may 
 be ejidors- 
 ed. 
 
 would not he in future npccBKiiry to nroduci' iinv 
 ('(■rtifu'iitc of oxaininiition of hucIi iniuricd wonuin 
 touching,' liti- consent. J5y Stat. Mt \'ic., cjip. 
 21. set*. ('), '.liscliiir^i s of niortj,'ii^,'( s l>y manitd 
 woinon, wliicdi were rcj^'istercd prior to tlu' I'.Mli 
 Di'C'tniljcr, 1H(1H, (Xtcutcd jointly liy u nuirn.d 
 wonmn and licr liusliand. altliou^li dtdVctivf in 
 wanting,' tlic cirtiticate ol ixiiniinatinn were it n- 
 (Icrcd valid and hindin^'. 
 
 Ah to what '\h an txccution by tlie nuiiritil wo- 
 man "jointly vitli In r I ushand " nee cuHen cited 
 below (1). 
 
 I'ndertiie provision of the " ^Tarried Wonian's 
 111 al I'lstate Act" ili' a .lud};e of the Siipniur 
 Courts, a Jud^e of the County Court, or a Junior or 
 Deputy .hidee, has the i)o\\(r in certain cases to 
 t,'rant an ordt r in the form f^ivt n l»y that Act, dis- 
 p(nsin^ with the concurrence of the husb.anil in 
 any ease where his concurrence woulii he neces- 
 sary, and ailowinj^ the nnirried wonuin to convey 
 her real estate in the same manner, and witli the 
 same effect, as if she were a feme sole. The order 
 may be rep;istered in the Begistry Office of the 
 Registration J)ivision, where the lands atTected arc 
 situate, upon the production of such order anil 
 deposit of the same without further or other proof 
 thereof, and such registration may take place 
 either before or after the execution of the deed 
 made in pursuance of its provisions (3), the regis- 
 tration fee being one dollar. It may, if desired, 
 be endorsed or written upon the instrument, in 
 which case it must be registered as part of the 
 
 (1) See BnriiR v. MuAdani, 24 V: C. K.. 4-19 ; Monk v, FarlinKtr, 
 17U. C. P,41. 
 
 (2) Kev. Stftt. (Ont.), cap. 127. 
 
 (3) S^-c. f>. 
 
Ill 
 
 "!i''J.''l ('KRTIKICATR OK IHSCIIAIKIK IIV 8HKU1KK, KTC. 
 
 Jsi". 71. J 
 
 ilt'ctl. (111(1 no rt>j,'istrnti(m ivr ciin hv. cliiir<i;i(l 
 
 tlifR'uftur (1). 
 
 7i' All ciTtiticiitc^ iif ili>,'liiii;;c I'f iiiiirt>;ii({t' dinl tlip rt'jjistcr- 
 iiii.' tlit'i'i'i'f, •MTiitiii li\ iiiiiniiil wi'iinn or ri'i/isii'icil lucvioiisly 
 til llic iiini'ti'i'iitli iliiy I'f I)riTmliir. iMi'.s, iiccuriliiiv,' tu tlif tiTiiis 
 (if the Art jiiimmmI in tin' tliii tv-si'i'mnl yi ar uf llrr Majesty s 
 I'l'i^ii, aiiil rliii|it«'n'il iiiiii', hliall lie iih viiliil ami liiiidiiiK us if 
 (liin(> uftiT till) Hiiltl (lutu. 'M V , (' 'Jl, K. ti. 
 
 A new (U'piirtiirc liaviny litM-n taken to tin; 
 nietlioil of execulioM of instruments by nuirried 
 women, it wiiH aiii)r()i)riiitely jji'ovided, that all 
 diseliarj^es jtrevioiisly executed 1>\ nuirried woim n 
 should i valid and hindinj,', if executed jointly 
 with the .usbaiid. aithoULjh no eertilicatu of exam- 
 ination or a defective certificate should have heeji 
 tak( II or endorsed, thus setting; at rest many vex- 
 atious (|uestiuns arisinf,' from somo technical or 
 triflinj; non-compliance with the laws relating to 
 the former mode of execution. 
 
 71. Wlicii II SliciilT, HiiilitY of a l)ivisioii Cmirt or otln r 
 (itliccr, iinilt'i" a writ or warrant of cxi'iMition a/ainst ^'l)o(lH, sci/C''^ 
 any !nort^,'a^'^• l^(•lon^'ill^,' to the! jifrson HKaiii'^t whose clTt-cts tin' 
 writ or warrant lias i-tsiicd, on or atTcctinn laiiil in the Province 
 ofOiitaiio, fill' ii.iMnt'ut with orwitliont suit, iiiwholeor in jiart, 
 to such ShcrilT, linilitl', or other oiliccr hy the Iuort^'llKor or any 
 other iiersoii, of the inort).'age money therehy seciire<l shall ilis- 
 (•har(.'e such iuort(.'aKt' to the extent of Huch pavrnent. iJH V., 
 c. 17, si. 
 
 2. After payrnput of such inort^a^'e or any part thereof, the 
 SlierifT, HaililY or other ollicer shall, at tlu' reiiuest and expense 
 of the )iersi n reijuirinK the same, n'lvv a certiticatt! in tlu? form 
 or to the elTect of Schedule K, to this Act, under the hand and 
 seal of oflice of such Sheriff or other officer, or umler the liand 
 of '^ueli HaiiitT, and the seal of the C'i>urt of which he is HailitT. 
 38 v., c. 17,8.2. 
 
 3. I'pon the written reijueHt of HUch liailitT. the (Merk of the 
 Court shall allix fo such (lertificate, the seal of the Court ; and 
 ho shall tile the ronuost of the IJailitT in his office. 38 V., e. 17, 
 8. 2. 
 
 4. The execution of such certificate shall he jiroved hy the 
 same oath or aflirniation, and in the same manner as is provided 
 hy law for the proof for reKi.stration of other instruments atTect- 
 inc lands, and tlie certificate shall lie reijistered in the same 
 manner as other certificates of discharge of mortKaj,'e8 are re(.'is- 
 tered. 38 V., c. 17, R. 3. 
 
 .'). Every certificate so repistered. if the same \s of jiayment 
 in full of such mort^^'URe. slinll he as valid and etTeutual in law as 
 
 (1) Sees. 7 A 8. 
 
 v.m 
 
 hi V 
 
 All dis- 
 charK'i's (.( 
 mortKa(;e 
 iM'foti'l'.ah 
 |)i'C. lM(;.s, 
 conlirined 
 3-J V, c. !». 
 
 Hemediiil 
 
 elTect of 
 this sec. 
 
 On ])ay- 
 moni to 
 the olli- 
 cer who 
 has seized 
 a niort- 
 piKe on 
 execution 
 he may 
 ilischarKO 
 the same 
 in whole 
 or in part 
 
 Form of 
 c( rtiticate 
 of dis- 
 char(,'e, 
 
 I'roof of 
 execution 
 of certifi- 
 cate. 
 
 Effect of 
 certificate 
 

 194 
 
 II )\v is--<ri{'-.Mi:\ rs \v.y. t,) mk HKi;isi';:irj;i). ^'"^p ix 
 
 oil pay- 
 ni'iit in 
 fill! a-i r.-- 
 cmivi-y- 
 nnoijof all. 
 
 Effect as 
 
 recmiv.'y- 
 
 llUfc uf 
 
 part, or 
 l».irt i>ay- 
 iiicnt. 
 I5i'tr<>.sp..'c- 
 tiw upLra- 
 tiou. 
 
 Aiitboritv 
 of Sli.-riff 
 to Sfi/.'' 
 mort"ii;.'os 
 
 a rjif-i-'' o 
 
 f Sll, 
 
 Ir.s li 
 
 1 
 
 ail 
 
 a r,)avi'v 111' 
 
 I'lrs. I'X ■■Mitirs, a IniiiiNtr itiii'.i or a-isi;,' 
 
 lawfully (;i liiuiii:; Itv. tliro i,'li or ii 
 
 o a 111 >rt^ i\' )r, 
 
 of illlV 
 
 II 
 
 lual i'-tit>- 
 il.'ljti 
 
 .f th 
 
 ■'• iiiiii or liii'iu, (I 
 
 f tl 
 
 i 111 irt 'a'lr, 
 
 :w v„ c. 17. 
 
 •at •! liv il 
 
 P T^ III 
 
 1 " ori,'- 
 
 \. 
 
 :iri 
 
 0. K 
 
 »->frv e 
 
 tifl Ml 
 
 ,'i-.t •.•.■ 1. if th 
 
 l!|l ' W (It p IVill -lit 
 
 >f only a portion of ^i^.h m ,;-| ,'i.,'.. sh ill 1, , va'.i.l :,ii I .■lT.>-tua! i 
 
 law 
 
 iw a-< a r.'l>?as • uf < i -li iii >vt,,xi'A ' as t > si 'h p irti'iii, in if 
 c It ' 1 liv til ! ex ••• Uiou 4 -lit ir. :i.-i v., c. 17, s. .'.. 
 
 :•. Til • provisions of this s • -tiou sli ill ovt 'iilaal ajDilv to all 
 C.IS1.-S ill wiiic-h til ' s 'i/.ir • or p iviii 'lit to >!i |ila.' ) li 'f nv, a< w '11 
 
 sin-' til • t.v itv-tirst .1 iv of |) - 
 
 .lie I 
 
 Tij 
 
 111 t 
 
 •Vt'lltV-fDUl-. 
 
 i'^ V 
 
 u 
 
 oac th )us III I fi''h: 
 
 is SL'Cciou provides for tli > (liscliai-i'o of uDvt- 
 
 gfigc's taken iin lor an c'v-ciitioii a-'aiiist th 
 
 e goods 
 
 o 
 
 f tl 
 
 10 niortgagoo oi- his assi<j: 
 
 110 j. CiKkn- the 
 Exeeutioti Aot (It, the Slioriffor other oriiior hav- 
 ing tlio exocutiou of a writ of //■'/•/ ^'lia aj;ainst 
 g)ols sued oat of either of the Superior Courts of 
 Comuion L i\v, or out of any (J )unty Court, is 
 empowered to seize any ni irtgag '. hjloiiging to tiie 
 execution debtor, and to receive payment thm-eof 
 from the mortgagor or other party liable thereon, 
 and iu case of default, to sue in liis own name for 
 tile recovery of the m )ney secured thereby, Simi- 
 larly, under executions issum.; out of Div'isioii 
 Courts, mortgages b. 'longing to the execution 
 debtor can be sjize I. Iiut no [)rovision was m i lo 
 prior t ) the Statut.', :VS \'ic., ca[). 17, authori/.in,,' 
 the Bailirt" to receive paym.'nt of the niortga,:4e 
 Of niiiitf-, moneys from the person entitled to redeem I'l'. 
 Wh-'re the mortgage is seizjd under a Division 
 
 d t. 
 
 lilf 
 
 Coiirt execution, the Biihti is not emp )wereil t) 
 
 U'lng an acaoi 
 
 1 thereon, in case of default ; th: 
 
 1 
 
 plaintili'. in tiiac cas;, b 'iu'^' a^ liberty to sue intli'' 
 defendant's nam', or in Lii' nun.' of any pn'sou 
 iu whose name th ' detendant might have sued. 
 
 Notwithstanding that paynunt of the m )neys 
 secured by the m irtgages taken in execution as 
 
 (1) Ufv. Stat. lOiit.l, cap. (j!'», ss. 28 c'-scfy. 
 
 (2) Ik'V. Stat. (Out. I, cap. 17, ss. ilOctHt'i. 
 
 r 
 
-ri 
 
 CKUTiritArKS UK lUSCirAltiiK rM>i;n KXHCriKlN \( T. 
 
 lo; 
 
 III) »Vf. I)y tih' pirtics lia'nlc tlivi'i'Uii.lrr, woul.l d 
 
 is- 
 
 I'Ti'Vl- 
 
 cil.a': 
 
 sii^li [lartiL's Co til.' i'\t •lit of thi'ir p:iyiii 'iits. -i,.ii for 
 
 iipDU the priiUM[tl(^ tli;it the law will iiof i-omncl 
 lici'soii tt) piiy a sum i>l in lUrv a srcoud tiiiii 
 
 ;-(liiiivi^ 
 
 JV SlliT 
 
 tT. 
 
 wlifi'i.' Ik 
 
 lia: 
 
 alft adv )»ai>l it iiiKlir the (lirrctH)U 
 
 iir compulsiou ot tlii^ (.'oiift (li, no ])n)V!sioii was 
 made, authoriziiii,' the Siirril'l" or ()thi'r jicrsous 
 reoiivin.i^ tlu' luorL^ani! uioiu^vs. to oxL-ciite eitluT a 
 rL'-convoyaiiee of tlu; oi'iginal estate of the mort- 
 gagor, or a certilioate of dis<-liarL;e, until the pass- 
 age of the \>'A, :{S Vie., can. 17, the first six sec- -'^ ^"i<-'-. 
 tions of which aw re-eiiacted in the present section 
 and its sub-sections. 
 
 The seizure and sale, under execution, against 
 lands, of the interest of a mortgagor in the n}ort- 
 gage;l premises is regulated hy " Tlij Execution 
 Act"'('2l, the effect of such sale being to vest in ^'^l'' "f 
 the [)urLdiasi'r of such interest, and his assigns, all 
 the legal and eijuitable estate of the mortgagor at 
 thf time of the dtdiwry of the writ to the Sln'rilf 
 i:{i. The [lurchaser is entitled, u[)on payment by 
 
 Kii^'or s 111- 
 
 liim to the mortgaLf 
 
 ee 
 
 or 
 
 Ins assH'iis. 
 
 )f the 
 
 niDiieys due on tht' mortgage, to ri'ipiii'c thu latter 
 to execute a certilicatc; of discharge in thr forme, 
 
 rtirioato 
 
 ■ f dis- 
 
 t» 
 
 provided for -p, that Act (1), which certilicate, upon 
 registration, will have the etfect of releasing the ii.nchaser. 
 mortgage debt, and also of re-cmveying the orig- 
 inal estate of the mortgagor to thu purchast-r. 
 
 The Certificate of discharge executeil by tln^ 
 mortgagee to the purchaser will not, iiowever, ope- "^^'''f^^" ""o- 
 rate as a re-conveyance or release ot the ni.)rtgage c-ititicito 
 debt, althougli registered, if tak^ai and registm'ed ^^''' ""* 
 
 1 1) Wood ft <il. V. Diuiii. L 
 
 ipi'iMtf as 
 !i ii'i'on- 
 
 I'-'i Siipnt scL'. It.j <■■' HP 
 Mi.Ciitit' V. Tlioiiinson. ( 
 
 7 ■• •"' 
 1 (if. 
 
 Q. li. SO lu't- Cliiiini.'l 13. 
 ;ilil)oa V. l)iit,'i.Mn. 11 (rr., 188; vovauce. 
 
 i.tl IN'gKo V. Mitcalf.'. :i I' C. [.. .1., lis. o Gr., (J28. 
 (4) See form in Apii inli.x A. 
 
1 
 
 ( 
 
 196 
 
 HOW ISSTRXJMENTS ARE TO BE REGISTEKKl). 
 
 rcHAP. IX 
 
 I .571. 
 
 under an erroneous conception of the rights and 
 equities of the party paying off the mortgage. 
 The equity of redemption in mortgaged premises 
 was sold under an execution at law, and a conw y- 
 ance thereof was executed hy the Sheriff, purport- 
 ing to convey the same to the plaintiff, who was 
 the purchaser, and who suhsequently ])aid off the 
 mortgage. He thereupon obtained from the mort- 
 gagee a statutory discharge thereof, which he regis- 
 tered, and then went into possession of the mort- 
 gaged property. In a proceeding at law, the 
 Sheriff's sale was .set aside, in consequence of thv 
 invalidity of the writ under which he had assumed 
 to sell. The mortgagor having brought ejectment 
 against the plaintiff to obtain possession of the 
 mortgaged premises, it was held, that the plaintiff 
 was entitled to an injunction to stay the action. 
 The certilicate of discharge was inadvertently 
 given under the Registry Act, instead of under the 
 Common Law Procedure Act, (incorporated in the 
 Execution Act) and stated that the mortgagor had 
 paid off' the mortgage. It was held, that the tak- 
 ing of that form of certificate would not defeat the 
 l)laintift"s title by vesting the mortgagor's estate 
 in the mortgagor absolutely, but that it would 
 enure to the benefit and confirm the title of the 
 plaintiff' as the assignee of the mortgagor (H. 
 Ifmort- If the mortgagee purchase the mortgagor's 
 chases"" interest, he is required to execute in favour of th' 
 
 latter, a release of the mortgage debt (2). 
 Tart inter- It has been held that the interest of the 
 luort- mortgagor in a portion only of the mortgagea 
 
 papor. ^ 
 
 111 Howes V. Lee, 17 Or. 451t ; see Lee v. Howes et al., 30 I . C. 
 
 It., '.'n-i. 
 
 (2| See Woodruff et nl., v. Mills. 2(1 V. C. R., 51; Stewart v. 
 C'lurk, i:< r. C. V , -Joa ; Smart v. Cottle, 10 (Jr., 59. 
 
 II 
 
<HAP. IX.-j jjow CERTIFICATK EXECUTED BY SHERIFF. ETC. 
 5(1. J 
 
 11)7 
 
 property cannot be sold under execution at 
 
 law (1). 
 
 It will be observed that if the certificate of di?- ''."■'^^' 
 
 Kn^tiitc ex- 
 charge under this section is to be executed by tbt- - ■ :--i by 
 
 Sheritl". it must be under liis hand and stal of"' ""^ 
 office ; where it is to be executed by the I3:iiliff of 
 the Division Court, it must not only bt- under bisp^^j^g 
 hand, but also under the seal of the Division Court 
 of whicdi he is bailiff. Tlie seal of the Division Court 
 must be artixed by the clerk, and must be precedt4 
 by the written request of the bailiti' to that efft-c-t, 
 which must Ije filed in the clerk's office r2\. la 
 either case the certificate of discharge musto bt* 
 attested and proved in the same manner as other 
 Certificates of discharge of mortgage are required 
 to be. 
 
 The certificate of discharge under this section witrn cer- 
 v.ill only operate, upon being registered, as a re--**;^"'^ 
 conveyance of the original estate of the mortgagor k.^ f.--.:i)a- 
 and release of the mortgage debt, where the wbok '^'•^"^'^*'* 
 of the mortgage moneys are paid. 
 
 Certificates of discharge on part payment of the Funs pay- 
 mortgage moneys, operate only as releases of tht' ™''^" 
 mortgage debt pro tunto, and not as partial recon- 
 veyances of the mortgagee's estate. The margiurtl 
 note to sub-section G is manifestly incorrect. 
 
 The interest of the mortgagee in the mortgage *o wk^ rn- 
 taken in execution is bound only from the time of "^^^^ '^^ 
 Seizure, not from the time of the delivery of thebMni. 
 writ to the Sherifi', <!tc. (3). 
 
 It is conceived that, from the absence of any ir^^riSi. 
 statutory authority, the Sherifi', Bailiff, or otht-r-^' '■■^" 
 officer so effecting seizure of the mortgage, has no ::> k.^a.i 
 
 (li Heivard v. Wolfuiuleu, 14 Gr., 186; approved Vanuurmaii t -r*,jjn,.,j 
 McCarty, 2(t U. C. R.. 42. 
 i-'i See Form of request, Appendix A. 
 ^3) Smith V. Bernie, 10 U. C. P. 243. 
 
1!»H 
 
 now INSTKIMKNTS ARE TO l:£ dai«H-TEH£i>. ' "\'*- '^■ 
 
 R.tro- 
 
 S|HCttVf 
 
 ftLi't. 
 
 Not to III' 
 irivrn in 
 iiiU'stiiii,' 
 claiisi', 
 
 ])()\V('i' to fissi^Mi tlie iij(>i-(rraff<-. CD- tttOi tjsteeute ;i <li'cil 
 of ri'convf'.Viincc ol thr oi-iiiiuail •+*n;iit:.^ of the nioi't- 
 gap;or to the lattrr. or Lis as-sLniH-.. iic nominees. 
 
 l^y sub-Section 7 tljis >.'cti«a!i h- •■l^'t; hired to Imve 
 a retrospective o]ieratii>n. ]1 iba-f Iwen (hiiihriil. 
 whether the statute anthoriziiir niii*^ sale and con- 
 veyance of tlie nioit^auoi's iiit.fsi'-'fn in rnortuai^ed 
 nreiiiises, under au executii)ri lu:l^iill^^^ lands r-d'eiTeil 
 to stipr<(. has a retro^jiective <-:firi(ii 1 1). 
 
 Sse further a'-; t" certifjcaLtH- of discli-irLre ef 
 niortiia.i^e. section si\ty-S( veii, 'fl/i/ft^- 
 
 72. It i-linl! not In- iiccis-iir> thiil tlif o'^-Hirt-'attt' or iH'cnpatinii 
 iif the attfi-tiii^,' witness to iiuv ci'iT .iicui' 'it iliscbi r;;e nf inott- 
 )ia!,'f lie statcil in tlic iitl.stulion cliiihx Tlii-ri-tif nor >}iali any 
 sncli ((Mtiticatc, rc^'istcrcil Ixfi.n- tli* T.\v«nrn mntb ilay of Nfarcli, 
 one tlinnsanil ciLilit limiilicd iiiiJ S4'V'!irT;-ruic«H, he tnvaliil or in- 
 ii)ii'rativi' liy rrus(jn of tln' oiiii'-Kioii lo -trjir.' in sni-Ii attc-^tation 
 cliiusc. tlh- ii'siili life Ol- i.c'ciqiiiTiun (jf in|n -mcLi afre-tiiiL' witnt-^s. 
 :it) v., (.'. 17. s. s. 
 
 Aitlnnu^h the llei,Msi!-y Act vd IZ'-h' rontained no 
 provisions ndatin;.^ ex])retislT !.■)) (ftctiti'rate of (h>- 
 charj^e of niort^ase. a foi'iu (>f-?iB!:ti certificate was 
 nt'Vertheless <,dven in the sclitiamli* to rliat st.itute. 
 In that form the jihice of resici«ui>* nf the witnessts 
 to tlie execution of tlie certiiifnire -.vas rei[uired to 
 he set out in the attestation (iins;-?^. The form of 
 the certificate in tliis resjiecl mtoi.-i.ined unaltered 
 until, by the lie^dstiy Act of il"*»$J' i li. the occupa- 
 tion of tiie witnesses had al^"i tto- be sttited in the 
 attestation clause. 'J'he lie^zMr^ Act of IHdM re- 
 duced the number of wJiDet^-vc* ueipiired to attest 
 the execution of certiticate, 'km ■ftili rnipiircd the 
 occupation of the witneti*. toi liii- set out. Ceitili- 
 cates havinijj been re^'istered im *)me cases, where 
 the residence and occujiatian] >i€ clie subscribing 
 witness or witnesses were ittikiluertently omitted. 
 
 (1) Miller V. The Bt-aver Mutuul Fj» EamiranL-e Asaociiitioii 
 It U. C. r. 3SHt. 
 
 (•2) Form I, in Schedule. 
 
 ■is 
 
CHAP. IX. ] 
 
 -t:i. j 
 
 i;v-i..\\v-. 
 
 IW 
 
 aiK 
 
 1 it lit iitf; doubted wlictlici' the sjii.if wia'c valid. 
 
 It-'al (statf. it 
 
 S( (• 
 
 S II 
 
 lUu- 
 
 or o[)criitivo fis vcconvcv;' vf of th 
 was t-nacted bv Stat. ;^(1 .'.. cai', 
 tical witli tliis sictioii >. that the usiilciu-f i»i- ix-cii- 
 jiution of the witmss iiccil not be stated in the 
 attestation clause, and ceniHeates ve;,'istei\il i>rior 
 to the passing,' thereof di wvVi' conlinned as valid. 
 notwithstandinLi; the omission of suidi statt nieiit- 
 tlierein. AVhere. -ulis, ijurnr to the jiassinu' of that 
 Act, it was oiiject'd at .\"/.s-.' /'///'.s that a ci rtilieate' 
 of (lisehar,L;'e of niort,L;aL'e da'o (i anii re,_;isti'red in 
 iSCil) was invalid, on the .uroiuid of the o;ni~>ion 
 to state the re>idei!ce and oeeujiation ol thf sub- 
 
 •rihiiiii witness to the certiiicate. on tl 
 
 ee 
 
 tl 
 
 lereol 
 
 thoii! 
 
 'h set out in 
 
 atfidavit, it was 
 
 fa 
 
 held 
 
 to be (dearly no objection, being cured by the enact- 
 ment just alluded to {•! . 
 
 ]5Y-1,AW: 
 
 Every hy-law pasp( d 
 
 till twenty. iiiiilli ili'v I'f ^tMrcli, IJv-law- 
 
 ■i^littrii liumlred nml sevrnty-tliitf, or In iciiftir to In- ]lll^s(.l ly i,.rii.ftfr 
 liny Municiiial Council, inult r tlii aiitlioiity df wliitli any >tii'et, made al- 
 
 il, (if 
 
 liwav has hcru o 
 
 is (ipcnt'il iiiidii any juivatc jim- f^cti 
 
 licvly, 
 
 slial 
 
 ■foro till' same licconns itfifliial in law. In- vliily i-t;il t^tatt- 
 Ififd in till' IJi'Lristiy Otlicc of tlic Cuiinty in wliiili tlic land t,) Jje refi- 
 is situiitc; and for tlif iitiipcse of ir^ristiation a diiiijii'att.' orii/inal i.stirt-il, 
 iif such hy-law shall hi' nnide out, certitii/d under tlu' hand of tho ^nd how. 
 
 clerk am: 
 
 I th 
 
 il of till' niunici]iality, and ^-liall hi.' rcf-'isti-n J 
 
 vitlu ut any further jMoof. 
 
 •2. I'ivt'iy liy-law i)asM d hefore the said day, and ivciy oreli r _\i( to hv- 
 
 ;nii| resoll 
 
 til. 
 
 ddn 
 
 ition of till' (^)uart(r or (ieneral Scs^u 
 
 nnhr the autiioritv of which anv street. 
 
 d I.I f, 
 
 '■'■ law... Ai 
 
 •n 
 
 liit;lr.va\ has heen (ipeiud ujioii any I'livate ]iroiaity, may at the minit 
 election of any jairts interested and at the cost and chai;:es of 
 
 leri totofl 
 
 •li latrty or nniniciiiality, he ah 
 
 luetic 111 to the lU'f-'istrar of a duly ci itili 
 
 iy rijiistereil, uiioii the \>n 
 
 ijiy (if sucli hy-ltiw 
 
 under the hand of the Clerk of the Municipality and the seal ot 
 such Municiiiality, c r hy a duly eertiliid copy of such order or 
 leMiliition of such Quarter or General Sissions, ^.'iveii under the 
 liaiid ami seal of the ('lerk of the reae<', as the case luav he. 151 
 
 V. 
 
 ")07. 
 
 iui ; ;it) V 
 
 ■IS, 
 
 -1-ly 
 
 i!« 
 
 >/(/f. 
 
 174, 
 
 Prior to the lirst day of January, 18r»(), the pow- l'«.\ver-. f 
 
 (1) 2\) March, lS7;i. 
 
 (2J Stoddart V Stoddart, 3'J U. C 1{ -2(18. 
 
 opening 
 
W}i 
 
 200 
 
 HOW INSTRUMKNTS ARE TO BE REGISTERED, 'f""*?' 
 
 roads 
 vested in 
 (xfiieral 
 Session 
 prior to 12 
 Vic. C.81. 
 
 By that 
 Act trans- 
 fi'rrcd to 
 County 
 Councils. 
 
 Opened liy 
 Order of 
 Session. 
 Since V2 
 Vic, c. Hi. 
 by by-law. 
 
 ReR. of 
 order or 
 by-law not 
 provided 
 for until 
 KcK. Aet 
 of I8G0. 
 
 Contlict- 
 infi pow- 
 ers of 
 Municipal 
 Act of 
 1873. 
 
 Classes of 
 individu- 
 
 ers and duties connected with the opening up, lay- 
 ing out, and closing highways were vested in Ju.s- 
 tices of the Peace in Sessions asseml>led, by virtue 
 of the Act 53 George III, cap. 1, repealing the Acts 
 33 George III, cap. 4, and 38 George III, cap. 7. 
 But by Stat. V2 Vic, cap. 81, sec. 190, these powers 
 and duties were declared to be vested in the Muni- 
 cipal Council for each County or Union of Coun- 
 ties. They have since l)een conferred ui)on Town- 
 ship Councils, lioads opened up, therefore, under 
 authority granted prior to the lirst of January, 
 I80O, rest upon resolution or order of the Sessions, 
 while those opened under authority granted sub- 
 sequent to that date are authorized by by-law. 
 
 The registration of by-laws or orders of Sessions 
 was not provided for until by the Registry Act of 
 IHtjo (1), subsequently incorporated in the -\ct 2'.»- 
 30 Vic, cap. 81. Similar provision was contained 
 in the Registry Act of 18()8 (2) and the " Act re- 
 specting Municipal Institutions" passed in 1873 OiK 
 
 Notwithstanding that by the terms of the Regis- 
 try Acts of 1865 and 18()8 it was declared impera- 
 tive to register by-laws relating to the opening up 
 of roads upon private property, passed subsequent 
 to the first of January, 1866, before the same 
 would be effectual, the Municipal Act of 1873 ren- 
 dered it optional to do so in the case of by-laws 
 passed after that date, but before the date of that 
 Act (4) ; and then it was only necessary to produce 
 a certitied copy, instead of a duplicate original, as 
 provided for in the Registry Acts of 1865 and lHC)>i. 
 This inconsistency has since disappeared. 
 
 The section as now consolidated provides for the 
 
 (1) Sec 61. 
 
 (2) Sec 63. 
 
 (3) 36 Vic, cap. 48, sec. 45. 
 
 (4) March 29, 1873. 
 
J73. J 
 
 BY-LAWS AF?ECTIN(i ROADS. 
 
 201 
 
 Ifor the 
 
 n.'sola- 
 tions of 
 SfS;-i()n, 
 
 liv-liiws 
 
 registration of the three classes of ofticial iiiHtru- jjj^^f^"^* 
 nunts, under which roads have heen, or may here- uii(i<'r this 
 after be, opened up on any private property, but ""^^ '*^°' 
 dots not refer to any other description of road, nor 
 does it inchide by-hiws passed for any other pur- 
 pose. The instruments dealt with by this section 
 are divided into 
 
 (1) Orders and lesolulions passed at Quarter or Onltr an<i 
 Gtneral Sessions prior to January 1st, 1850. 
 
 (2) Municipal by-laws passed 8ul)se(pient to 
 Jiiniiary 1st, IHoO, but prior to Marcii '29th, 1B73. J,'.;^^',!,"'!,^. 
 
 (;|l The Munic-ipal l)y-laws passed on and i'i"*'^' j^i',| "ist 
 the last mentioned date or hereafter to be isv), uml 
 
 , M irch 29, 
 
 pas-ed. 1S7:{. 
 
 Uiders and res(.)lutions of (Quarter and General Bv-Iuwh 
 Sessions are registered through tlu; production of ^i'.^',.|!ij"' 
 A ctrtilied copy thereof under the hand of the Clerk ^^'''■^■ 
 of the Peace. As no mention is made of the seal 
 of that office, it is apprelieiided that it is not essen- 
 tial to attach the seal to the certified copy. By- By-inwH. 
 laws passed prior to the 2!)th ^farcli, 1873, are 
 reuisternil upon production of a (hily certified co[)y 
 iiiidir the hand of tli;^ Clerk of the municipality 
 und s( ill of the said municipiility ; while those sub- 
 se>iueiit to that day are re(iuired to be registered 
 through a duplicate original, certified to be such 
 'liipliciite original under the hand of the Clerk, and 
 the seal of the municipality. In either case no 
 additional proof is required. 
 
 It will be noticed that by-laws affecting the open- 
 ing up of roads upon private property which have 
 bt-en, or may be, passed since the 2{)th March, 
 IS?!}, will not become effective or operative in law 
 nntil duly registered in accordance with the pro- 
 visions of this section, and therefore any acts or 
 14 
 
v., 
 
 by 
 
 202 
 
 HOW INSTRUMENTS ARE TO BE HEOIKTERED. 
 
 rcHAP. IX, 
 
 L 573. 
 
 things (lone thereunder prior to such registration 
 are absolutely void and of no effect. 
 
 In an action for trespass qnnre clausuin frcijit, 
 dhc., the defendants, among otlier defences, pleaded 
 having entered plaintiffs property under the autho- 
 rity of a by-law passed in 1857, opening up a high- 
 way through the land in question, which at that 
 time was the property of plaintiff's ])redecesa()r. 
 To this plea the jjlaiutiff replied that the title to 
 the lands was a registered title, and that subse- 
 quent to the passing of the by-law the Statute ;}(! 
 Vic, cap. 48, was passed ; and further averred 
 that the highway was not properly opened undtr, 
 and in pursuance of, the by-law prior to the time the 
 plaintitf purchased the land or since; and that the 
 by-law was nevuT acted upon or treated as vahd, 
 Thi' phiintitf also in his replication averred that ho 
 set U[) title in hinist'lf as jxirchaser for value without 
 notice of the by-law, and that the latter was not 
 registered against the land. It was held, that tlie 
 plaintiff purchased with full notice of the road 
 having been laid out, and that the by-law, liav- 
 ing bien passed prior to the Municipal Act of 1873 
 coming into (.'ffect, did not require registry in order 
 to render it valid, as it was optional to register it 
 at the election of any party interested (1). 
 
 As the section is not retrospective it follows, that 
 it is optional to register by-laws for opening roads 
 through private property passed prior to the 29th 
 March, 1873, but that it is essential to the validity 
 of by-laws passed subsequent to that date, that they 
 be registered in the manner required by this 
 section. 
 Municipal corporations are bound by the Kegls- 
 
 try Act in like manner as individuals. 
 
 (1) Beveridge v. Creelman et al., 42 U. C. R., 29. 
 
!V' ■ 
 
 CHAP. IX.] 
 
 87:). J 
 
 BY-LAWS ALTERING NAMES OF STBEETS. 
 
 208 
 
 NYS, that 
 
 r roads 
 
 lie 2'.)tli 
 
 aliiUty 
 
 at they 
 
 by this 
 
 11 
 
 Land mortgaged by the owner was taken by a 
 township council for a road, and tlie compensa- 
 tion having been ascertained by award, the corpo- 
 ration paid the amount to a creditor of the mort- 
 gagor, by whom it had been attached ; held, that 
 the mortgagee had the prior right; that his mort- 
 gage being registered, the corporation had notice 
 of it, and that he was entitled to recover the 
 lunount from the corporation with costs (1). 
 
 In addition to the class of by-laws referred to 
 in this section, by-laws passed for the purpose of 
 rtltering the name of any street, s({uai;e, road, 
 lane or other public cominuniciition inu.-it, if the 
 same are to have aiw force, validity or effect, 
 be registered in the i)roper Kegistry OlHce ('2), 
 although no particular mode of [iroof for the reg- 
 istration of such l)y-laws is laid dcjwu l»y the 
 Municipal In.stirutions Act. It is submitted, how- 
 uvcr, that iuiismueh as the registration of by-laws 
 opt'uiug uj) roads on i)rivate pro})erty, passtnl since 
 the 'iiith Mai'eli, 187-3, is ref'uired to i^e made 
 through duplicate originals c(!rtilied by the Clerk, 
 and accompanied by the seal of the municipality, 
 ill.Tttad of through certilied copies as i'ornierly, 
 registration through duplicate originals ol ail 
 other by-laws requiring registration must have 
 been contemplated by the Legislature wIkii enact- 
 ing 10 Vic, cap. 7 ; and that, therefore, regis' ration 
 of a by-law of the class here referred to, must be 
 made through a duplicate original duly certilied 
 by the Clerk, and under the municipal seal. 
 
 (1) Dunlop V. Tho Towuship of York 10 Or., '2il'). 
 
 (2) Uev. Stat. (Ont.), cup, 171, ace. lliO, .-<. 4(i. 
 
II:;, 
 
 104 
 
 rcHAP. X. 
 
 L 871. 
 
 T'lirc^is- 
 tiTcd iii- 
 stniiiifiits 
 
 CHAPTER X. 
 
 EFFECT OF llRGISTEUINd OH OMITTING TO 
 REGISTER. 
 
 §74. Unrogistcroil iiiHtriinu'iitH iiftor Krant, Ac , to l)e void 
 
 iif,'iuiif<t siil)Sfi|iitiit imrchiiscrH, Vc-. 
 §70. WIIIh not rctiistcrt'd within ccrttiiii tiiiit' to lie vi)i<l, ^c. 
 ^~i'>. Registry of dcrds on sales for tiixcs. Oilier sult-.s under 
 
 prociss of Court. 
 §77. Sales for taxes before tth Marcli, 1H(J8. 
 Sj7H. Rejjistry to lie notiee, 
 Ji7!(. Retrosiiective operation of Section 7H. 
 ijHd. Actual notices. Priority of rej,'istration. 
 §Hl. Eiiuitai>Ie liens, I've. Tacking 
 
 74. .\fter any <,'rant from tlio Crown of lanils in Ontnrio, nini 
 letters ]>atent i-^sued therefor, every instrument atfectinK tlic 
 lands nr any jiart thereof com))rise(l in such arnut shuii lie 
 
 after L'rant i»ilj"'ln'''l fraudulent and void ni^aiiist any sul)se(juent |iurcli:isir 
 fmni the '"' uiortf,'aKee fiU' valuahle consideration without actual notice, 
 Crown to '11''''^'* ^nch instriiinent is registered, in the nianiK'r hen in 
 
 he void 
 nt.'ainst 
 Ruhse- 
 (juent re- 
 ^.'istrred 
 
 (lire('ted, h"fure the re<,'i^terin^' of tin; instrument under wlmli 
 su(!h sulisenuriit purchaser or nu)rtKag<'c claims. 31 V., c. UK, 
 H, (;i : ;mi V.,c. 17, s. 7. 
 
 nuco of 
 this and 
 followinj 
 sections, 
 
 Tlio sections treated of in this cliaptcr contuin 
 purclniH( r. by fill' the most iinportiint chiusos of this Act. 
 '''' , iuastiuich as they embrace the "eneral i)oIi('v and 
 
 Import- . •. " I . 
 
 etfc'ct of registration, and the consefjiicnci's arising 
 from neglect to register. 
 
 The policy of the Registry Law may be dediu-cd 
 from the preamble to tlie Registry Act of 17!(.k 
 Pidicy of and from many decisions in our Courts heparin},' 
 Li'iws. "^^ upon the qu( stioii. The preamble to the statute 
 alluded to (1) recites that whereas the lands iit 
 that time held in this Province would shortly 
 thereafter be confirmed by grant from the Crown, 
 it seemed desirable to establish a Register in each 
 County and Riding in the Province, in order that 
 if after such lands should be confirmed by patent, 
 transfers, alienations and devises thereof should 
 
 (1) See Appendix D. 
 
HAP. X. ' 
 |74. J 
 
 RKOISTKATION IlKKOHK ISSIK OK I'ATI'.NT. 
 
 205 
 
 be nmdc, mt'iuorials of hucIi transfera, alit-nations 
 and (lovisoH should be luado, and re^'istcred for the 
 " better socuriii^ and more perfect knowledge of 
 the same." 
 
 One of the chief objects desif^ned by the Rerjistrv I)lMi^,'ned 
 Act is to cive notice to all persons dc^siring to*"r!'''''' 
 ascertain whether there has been any prior con- 
 veyance or encumbrance of the real estate de- 
 Hcribed in any particular instrument. When an 
 instrument has been duly registered it operates as 
 notice, and is as eflectual as if each subsetpient 
 purciiaser and encumbrancer had direct personal 
 knowledge of its existence. 
 
 The changes and alterations effected from time 
 to time in the application of the Registry laws 
 being noticed in the introductory chapter of this 
 work, it will be sufficient to refer the reader there- 
 to, and to proceed with the more i!iinicui.i,te con- 
 sideration of the section under remark, and the 
 various clauses contained therein. 
 
 It will be noticed that the section speaks of the 
 registration of an instrument affecting lands tifter 
 the issue of the Crown grant therefor. 
 
 As a general rule the provisions of registration i{p^,iHtra- 
 in the County Registry Office do not api)lv to the*'"" "f '"- 
 ciise of instruments executed prior to the grant luforc 
 from the Crown. An exception to the rule how- 1'"*''"*- 
 ever occurs in the case of an instrument creating 
 a mortgage, incumbrance, or lien ui)on the land (1). 
 
 This exception exists under the provisions of ^^"'■'k'18« 
 the Rev. Stat. (Ont.), cap. 25, sec. 20 (2), which immce or 
 enacts that any mortgage, incumbrance or lien^'**"' 
 executed prior to the issue of letters patent by the 
 original nominee of the Crown or his assignee, by 
 
 (1) H«lland v. Moore, 12 Gr,, 296. 
 
 (2) Taken from Cou. Stat. U. C, cap. 80, sec. 24. 
 
l|f:! 
 
 206 
 
 nKniHTEUIN(i (III OMITTIVO TO UKOISTKIl. 
 
 riHAP. X- 
 
 L J74. 
 
 j 1 
 
 ; 
 
 i i 
 
 
 
 How in. 
 
 HtniinciilH 
 
 Otill'l' tlllill 
 
 iiiurtKu^'t', 
 Ar. slimiM 
 lie til(Ml. 
 Uoiul by 
 l(jcuteo. 
 
 Will of 
 noiiiiiH'o 
 or iissii^- 
 
 JUUIJ 
 
 Ho^ixtia- 
 tiiiii licfon 
 jmtt'iit, IS 
 notice. 
 
 Notirr of 
 uiirc(,'is- 
 tlTfd iis- 
 sif^'iiruftit 
 of Crown 
 Lands. 
 
 wljicli tlj(* in()rt^,'ii}^(', \-c., ini^'lit liavo hcfii validly 
 Kranti'd, Imd tlic Hann; hoeii cxt'cutod Hul)st'<|ueiit tt> 
 isHUo of piiti'iit, can be rcj^iBterod in the llcf^istry 
 OHicc for tiio County in wliiidi the lands lie. 
 
 Instninionts not creating a mortgage, incum- 
 brance or lien, and executed prior to isKue of pa- 
 tent, Hhould 1)0 tiled in the ofiico of the Commis- 
 sioner of Crown Lands in ordertoobtain priority (1.1 
 
 A bond to convev, executed bv the locatee of 
 Crown Lands, was held not to come within tlio 
 term "mortgage, encumbrance or lien," and there- 
 fore was not capable of registration in the County 
 llegistry Office (2). 
 
 Although there is no decision upon the point, it 
 is conceived that a will, executed by a nominee of 
 the Crown, or his assignee, may be registered in 
 the County licgistry Otlice before patent issued. 
 Although not strictly an " incumbrance or lien," 
 yet a devise of hmds is a (diarge aU'ecting such 
 lands, and the Courts will doubtless give eH'oct 
 thereto. 
 
 Kegistration, however, of instruments atTectiii<f 
 non-patented lands is notice to a subsecpient piu*- 
 chaser, whether the patent has issued under or 
 without a de.'ision of the Heir and Devisee Com- 
 mission (;}i. 
 
 Although ;i,'i assignment of unpatented lauds 
 should be tiled with the Commissioner of Crown 
 Lands as above stated, express notice of the as- 
 signment, although the same may not be registertd 
 or tiled, has the same efl'ect as like notice of an 
 unregistered instrument after patent has. The 
 assignee for value from the nominee of the 
 
 (1) See liev. Stat. (Ont.), cap. 23, sec. 17. 
 
 (2) Holland V. Moore, nupra. See Casey v. Jordan, 5 Gr., -467- 
 
 (3) Vance v. Cunimings, 13 Gr., 25. 
 
'^m 
 
 ( MAI'. X,"I 
 
 i74. i 
 
 •• RK0I8TKRKI) TITI.K." 
 
 m 
 
 Crown died wiiliout rogiHtcrint,' !»'« aHsiftnmont 
 from the noniiiicd in thf l)0()ks of the Crown Ijimds 
 l>i|iiirtni('nt, and tlu; iis i'^nor Hiiliscqumtly tli<r(!- 
 to (Xtjcuti'd a Kccotid asHij.,'nin('iit to another person 
 for a tririinj^ HUin. The hitter havhi}^ had ex- 
 prtsH notice of the first aHsij^nniont, applied for 
 iiiid ohtained tlio patent ; it was hehl that he took 
 8iil)ject to the rights of tlio heirs of tlie first as- 
 Hi«,'noo (1), 
 
 Prior to the Statute l\) and 14 Vic, cap. Oii, re- R(^f?iHtr«. 
 j^'istration was optional, and it was not necessary J|||",^*i''j^^._ 
 to re<^ister an instrument in order to ohtain i)ri- f">»n i:»-i4 
 ority unless the title were a " refristered title "at ' " ^ " 
 tlio time of the execution of such instrument, the 
 Registry Acts of 17!>o and ISlGnot applying where 
 110 deed had he?n previously registered (2). 
 
 A " registered title " was a title wlu.'reon some T^cKistored 
 piivious registration had heen efiected (8). *''*'" 
 
 It was held, under the Registry Act of 1705, 
 that in order to postpone a prior deed to a suhse- 
 iiuont conveyance, upon the ground of the non- 
 registry of the former, evidence had to he adduced 
 iit the tiiiil. that the title was a registered one at 
 tile (late of the execution thereof (-1). 
 
 Where the conveyance from the heir-at-law was 
 executed in 1H',V,), the title not heing at tliat time 
 a registered one, it was held, that the registration 
 of tile will of the ancestor was not a condition [)re- 
 
 (1| :i<iff V. Lister, 13 (h-., 40(J; li Gr., 'ir>l. Sco Uvk.iit v. 
 Milli-r, 11 (ir., -2:,. 
 
 (2} Don ,1. Fell V. Mitfhfiicr, Dm. 471 ; Doc .1. H.>tni('ss,.y v. 
 Myers, 2 0. S., 424; Doe d. Adkins v. Atkin.s ii, 4 () S., 140 ■ 
 Si/ott, ,n (,l.. V. MoLeo,l. 14 U. (J. li., r>7J; Dou d, Sliiiilcv v! 
 \\aiaroii, 2 U. C. P., IH'J ; Ciimplwll v. Fo.x, 2(J U. C. K, ivM. 
 S't-'i' S. C. 17 U. C. r., 542. See Diimhle v. Jdhusoii, ei nL, 17 
 U. G, I'., 'J. 
 
 i:i) Doe d. Hennessey v. Myers supra. 
 
 (1) NeeHon v. EiistwDod. et\il, 4 U. C. K., 271. See Blakelv v 
 tmrrett, 16 U. C. R., 2(51. P.yan v. Devereaux, 26 U. C. li., ioO. 
 
20S 
 
 RKOISTEniXd OR OMITTINO TO RKGISTF.R. ""fHAP x. 
 
 ^ S74. 
 
 mm 
 
 m-t at 
 
 cedent to enable tlie devisee to recover possession 
 from the grantee of tiie heir-at-law (1). An ob- 
 jection made to the validity of a will, on the ground 
 of its non-registration within the time prescril)ed 
 Ijy the twelfth section of the Registry Act of 
 184t) ['1) or previous to the conveyance from the 
 heir-at-law, was not allowed to jjrevail, it a[»[>ear- 
 iug that the title was not a registered one when 
 the will was made (;]). 
 
 A testator, by his will made in 1831, created a 
 charge upon his lands ; the patent afterwards 
 issued to his devisees in 1852, who sold and con- 
 veytd the property absolutely. The conveyance 
 being registered before the will, it was held that 
 the lands were subject to the charge in the hands 
 of the purchasers from the devisees, notwithstand- 
 ing the non-registration of the will ; the Statute 1:^ 
 and 14 Vic, cap. 63, not being retrospective in 
 such a case (4i. 
 
 A mortgagee, whose mortgage was made prior to 
 registration being made necessary to insure pri- 
 ority, tiled a bill to foreclose saine. The mortgage 
 Lad not been registered. It was held, that sul)se- 
 quent mortgagees conld not set up the defence of 
 purchasers for valuable consideration without 
 notice, and were liable to redeem him (;">). 
 Former It IS necessary to bear in mind that questions 
 
 r^^t're."/ '^^'^y y*^^ '^^''^^ ^" actions of ejectment, and proceed- 
 titie limy ings affectir.g titles to lands, where the provisions 
 
 yet^affect ^^ ^^^^ Registry Acts of 17i»5 and 184(5 as to regis 
 
 ,nt bear 
 
 tered titles mav 
 
 ipr 
 
 le 
 
 effect of the registration or non-registration o 
 
 (I) Scott, ft III., V. McLpod, 14 U. C. 11., 574. 
 
 (J) Siiuiliir to sec. 7') poift. 
 
 (8) Doo a. Ellirt, V. Mc(Jii). 8 U. C. R.. 224. 
 
 (4) Campbell v. Canipboll, 6 Gr., GOO. 
 
 (5) Vansickler v. Pettit, 5 C, L. J. 41. 
 
 fin- 
 
 i 1.1 
 
rHAP. X.I iNHTUUMENT ITSKLK MUST BE RKfJISTF.RED. 
 
 *7 ■• J 
 
 209 
 
 stninients, through which title has to be derived, is 
 controlled by the different Kef:jistry Acts tiiat were 
 respectively in force at the time of tiie execution 
 of such instruments. 
 
 The late case of Jones v. (Jowden, et nl. (1) may 
 be appropriately referred to in ilhistration of this 
 point. In that case the plaintiff br()U;j;ht eject- 
 ui'iit, claiminjj; title under a sale for taxes made in 
 18:J'.). The 8herift"8 deed therefor was ex(;cuted 
 July 10th, 1840, but was not refjistered until July 
 18th, 18{)1. The defendant claimed under a deed 
 from the heir-at law of the ])atenteo, dated May 
 ISth, 1855, and registered July 5th, 1855, being 
 tlie first deed registered upon the land. It was 
 held, Wilson J. (lissentiente, that the titl^ being an 
 unregistered one when the Sheriff's deed was given, 
 that deed did not then require registration to pre- 
 serve its priority ; and that having been registered 
 before the passing of the llegistry Act of 18<)5, 
 repeated in the liegistr}- Act of 1858, it was not 
 necessary to re-n-gister under tiiose or any sub- 
 sequent Registry Acts. The plaintift"s title was 
 therefore held to prevail. 
 
 It being a well-recogni,:' "* roS that every deed 
 or other instrument, m\di r wlu.-h one claims title, 
 slu)uld be registered, .'■ f<'.!0',\9 tliat an instrument 
 Can only be properly I'eg.i jtered by its actual pro- 
 duction and entry. 
 
 Where an agreement in relation to the valuation 
 of certain lands was not registered, but an instru- 
 ment containing a recital of the agreement was 
 registered, it was held that the agreement itself 
 not being registered, the recitals in the ref^isteied 
 instrument could not affect the plaintiff's tiilo (.2). 
 
 (1) 34 U. C. R., 346. 
 
 (2) Butledge ". McLean, 12 U. C. R., 'iOS. 
 
 .Tone.^ v. 
 Cowden. 
 
 Instru- 
 nicnt itself 
 slioiilil be 
 ngiutered. 
 
 Itfcitals 
 referring 
 to an nn- 
 "•et^istered 
 deed. 
 
fmr 
 
 
 210 
 
 REGISTERING OR OMITTING TO REGISTER. 
 
 rcHAP. X. 
 
 Aflsign- 
 ment of 
 nnregis- 
 tered 
 lease. 
 
 The registration of an assignment of an unregis- 
 tered lease reciting such lease, has been decided 
 not to amount to a proper registration of the lat- 
 ter (1^. It has been decided under the Registry 
 Laws of Quebec that a reference in a registered 
 deed to a prior unregistered deed is not equivalent 
 to a registration of such prior deed, so as to defeat 
 a subsequent registered mortgage (2). 
 When re- But such recitals may amount to notice of the 
 ammn!^toU'3*"^gi8tered instrument, sufficient to enable it to 
 notice. retain priority over a subsequently executed instrn 
 ment. H. K. by an unregistered deed granttrd ;, 
 rent charge to his daughter ; upon the following 
 day a marriage settlement reciting the rent charge 
 was executed, by which settlement the rent charge 
 was conveyed to trustees ; H. K. was an assenting 
 party to the settlement which was duly registered. 
 H. K. afterwards mortgaging the land out of 
 which the rent charge issued which mortgage 
 was also registered, it was held that the rent 
 charge, though granted by an unregistered deed, 
 had priority over the mortgage, by reason of the 
 registration of the marriage settlement (3). 
 
 The intention of the Act is to ])rovide for the 
 registration of all instruments affecting the title 
 to land, subject to the exception contained in the 
 thirty-seventh section ante (4). Apart from those 
 . instruments wliicli are required to be registered by 
 the particular statutes referred to in Appendix B.. 
 there are others, the rrgistration of which has 
 been deemed essential under decisions of that efftct. 
 
 (1) Hoiu'y( oiiil) V Wuklroii, 2 St. 10(14; followed in R«'id f- 
 Whiti'lieiid,' -2 v.. & A., 580. Williams v. Sorrell, 4 Vos., 3«lt. 
 
 ( ') iVU'Hdfniii'r v. Kingsley, H U. C. U., 8-4. 
 
 (3) Hunter v, Kennedy, 1 Cli, Hep., 148 ; aff'd on appeal, ib. 225. 
 See MuAlpino v. Swift,'l Bull. & B.,'285. 
 
 (4^ See p. l(i ante ; see McMaster v. PhippK, 5 Gr., 253. 
 
 fl: 
 
lAP. X."l 
 
 574. J 
 
 RELEASE OF COVENANTS. 
 
 ill 
 
 As the "Act and Warrant," under the Imperial :?^^^^*^ 
 Statute 19-20 Vic, cap. 79 is capable of registra- 
 tion in the colonies, its non-registration in this 
 Province can be set up as a defence by a purchaser 
 for value without notice (1). 
 
 A release of a covenant which runs with tbe^^^****"' 
 land, and is contained in a registered deed, should 
 bf registered as against subsequent vendees (2). 
 
 Although a purchaser may not be affected by 
 equities existing between the covenantor and cov- 
 enantee, of which he has no notice, it would 
 appear that a release of the covenants, executed by 
 the covenantee in favour of the covenantor, during 
 the covenantee's ow'nership of the land will, at 
 common law, operate as a bar to an action upon 
 such covenants, brought by a subsequent purchai^trr 
 from the covenantee (8). Tliore are, liowevt-r, 
 peculiar reasons for holding such a release to be 
 so intimately connected with the conveyance of 
 real estate as to become a proper subject for regis- 
 tration (4). Wliere the release would materially 
 afff.'t tile titlo to laud it is, unless registered 
 clea> 'y u i/erative agi:inst a subsequent l>urcha^er 
 fT vair.c, wifh'H'.t notice. Under the lleg.stryAct 
 o» th- Siute- of Maine it was held that a release of 
 a coveniint 'or title did not come within the j>ro- 
 vi>ioiis t/f that Act, upon the ground that "' ]'ur- 
 ciuisers are not entitled to regard the registry as 
 affording information respecting the right of 
 action on covenants contained in the deeds record- 
 ed.'" but this decision has been (questioned loi. 
 
 A <'urther charge in favour of the lirst or a ])rior F '-^fc-^r 
 
 (1) UdIisou v. Cnrpcntcr, 11 (Jr., 2'J3. 
 
 (21 FieM V. Siipll, 1 Ciish, rA). 
 
 (H| Si'o Middlt'inori! V. {ioodivll, Cro. Car.,;'503. 
 
 (4) Field V. Snt'll .fiz/irrt. 
 
 (5) Littlefield vs. Gitcholl, 82 Maine, 302. 
 
if 
 
 212 
 
 REGISTERING OR OMTTrWJt- r"^ RKiKSTER. [' 
 
 CH*p. X. 
 
 S7I. 
 
 w 
 
 Pesds 
 
 creating 
 
 powers. 
 
 Foreign 
 deed of 
 insol- 
 \'en?y. 
 
 mortgagee requires rt-^istra'^t.ia., notice of a prior 
 mortgage not imposing u]>om a subsequent pur- 
 chaser or incumhranee.r TAh datr of making 
 enquiries of the first or j)r):c avortgagre, and so 
 affecting him with notice of »:>ih farther charge (1). 
 The registration of a det^S r-^ating a power does 
 not dispense with the notH^iiHy of registering an 
 appointment made in extTt'i**^ it' such power (2). 
 
 Eatates created bvthe ex^n-irlrioa of a power take 
 t. .L'; ,;s if created by thf -.'r-X'iial deed, and, in 
 gen*.! ■ a deed executinn; a jtwer cannot be con- 
 sidered as a new alienation or cmlependent convey- 
 ance. There are some ea^?f, Eowever, when the 
 execution of a power if ^dM'-d upon as a sub- 
 stantive independent irKtruiL-al:. When a deed 
 executed in pursuance of a ipower atft^cts land, it 
 must be registered, as it i* -^-itiliin. the mischief in- 
 tended to be guarded aguin^ by the statute. A 
 purchaser could not otheTwj-H^ ajci-rtaiu whether 
 the power had been execat^ii, or if executed, whe- 
 ther in a proper manner (S'L 
 
 An assignment in insolT«iDifj executed in Eng- 
 land was held to require Ten^iiuTcLtioa in Ireland, in 
 order to affect estates in iihi latter country (4). 
 It would, of course, require %)■ be regi.stered in this 
 Province in order to affect IuzjI^ therein. 
 
 Ikit a foreign adjudicu.ij e ui bankruptcy does 
 not affect land in this rro'Timce ( 5) ; and it has 
 been recently determined 'ui-.ir. -xn. assignment in 
 bankruptcy, executed und-tsr die provisions of an 
 Act of the Congress of tbe rortied States, will not 
 
 (1) Cre.Uaud v. Pottw, 18 Eq.. H»«i. 
 
 (2) Smifton V. Quinc^'y, 2 Vt*.. + tLl. StHJ Att'y General v. 
 Pickard, 3 M. & \V., oTo 
 
 (.S) 2 Sup. Powers 20. 
 
 (4) UatterMby V. lioehf.rt, 2.1. AIL.. ML „ 
 
 (5) Simpson v. Fogo, 1 H. &M.. IHi 
 
 ti 1 
 i 1 
 
CHAP, x.': 
 Vi. 1 
 
 DEEDS AFFECTING TITLE MUST BE REOISTERED. 
 
 213 
 
 transfer, or otherwise aflftct real estate belonging 
 to the bankrupt statute in Canada (1). 
 
 In an action by a vendee against his vendor, ah <iee.i.s 
 upon an alleged breach of agreement to deduce a|"j.'j?''^ 
 good title, the defendant contended that he had slioui.l be 
 made a good title ; but, inasmuch as one of the ^^'^^'' 
 deeds in the chain of title had not been registered, 
 it was held that the title, being a registered one, 
 had not been deduced, and a rule for a new trial 
 was discharged (2). 
 
 This case was followed and apin-oved of in Brady Bra.iy vs. 
 V. Walls (3), Mowat, V. C, remarking that "it is 
 certainly in the spirit of the legishitioii of this 
 country in regard to the Registry Laws." \t was 
 accordingly held in this last case, that a purchaser 
 is, in this country, entitled to recjuire registration 
 by liir> vendor of all the instruments through whieh 
 tlie title is derived. 
 
 Tlie Act avoids an unregistered instrument Sui.sp- 
 against "subsequent i)urchasers or mortgagees for ^li'j')^"./"^^ 
 valuable consideration.' forvalu- 
 
 In order to ascertain wlio come wifiun the term sidt-ration. 
 "purchasers and mortgagees for valuable c;on.sid- 
 eration," it will be necessary to consider: — 
 
 (1) The meaniuf^ ( f the word purchaser. 
 ('2) Who are i)urchasers. 
 (8) Who are not purchasers. 
 
 (4) What is deemed a valuable consideration. 
 
 (5) Upon what consideration the registered in- 
 strument must be founded. 
 
 (6) Who are entitled to take advantage of pur- 
 chase for value. 
 
 (7) Evidence of purchase for value. 
 
 (1) Miicdouald V. (Jeorgian BitvT.uiiiber Co., 2 Sup. Ct. B., 364 
 
 (2) Kitclu'ii V. Murray, IG U C. P., 69. 
 
 (3) 17 Gr.. 699. , 
 
w 
 
 m:" 
 
 214 
 
 BEOISTERING OR OMITTING TO REGISTER. 
 
 CHAP. X. 
 . S74. 
 
 itiii ? 
 
 Pur- 
 chaser, 
 
 Mort- 
 gagee . 
 
 Assignee 
 fi 111 or t- 
 gafce. 
 
 Trustees 
 for credi- 
 tors. 
 
 Assignee 
 in insol- 
 vency. 
 
 I. Meaning of the word purchaser : — 
 
 "A purchaser for value is one who, at the time 
 of his purchase, advances a new consideration, 
 surrenders some security, or does some other act, 
 which, if his purchase were set aside, would leave 
 him in a worse situation than his original posi- 
 tion" (Ij. 
 
 II. Who are purchasers : — 
 
 "A mortgagee of real estate is a 'purchaser' 
 witliin tliis Act. 'Wlien I speak of a purchaser 
 for valual'le consideration,' says Lord Hurdwicke, 
 ' I include a mortgagee, for he is a purciiast-r jtn) 
 tanto' (2). The assignee of a mortgage is a pur- 
 cL-t.'sei' (3). Since the Act 30 Vic, c. 7, tlie 
 assignee in good faith of a mortgage can set up 
 defence of purchase for value without notice (4), 
 
 It was at one time thouglit that trustees for the 
 henefit of creditors were not purchasers within the 
 Act (5) ; hut it has since hcen held that a mortgage, 
 executed in favor of trustees for creditors, to se- 
 cure their debts, was founded upon a sulHciently 
 valuable consideration to preserve the priority 
 gained by the registration thereof, over a convey- 
 ance executed prior to the mortgage, but subse- 
 quently registered ((>). 
 
 Although an assignee in insolvency is not a pur- 
 chaser within the meaning of this section, yet a 
 purchaser from the assignee, without notice of a 
 prior unregistered conveyance executed or incum- 
 
 (1) Bigclow on Estoppel. 
 
 (2) Willougbby v. Willoughby. 1 T. R., 7G3. 
 
 Ct) Totten V. Douglas, 15 Cir., 126, overruling McPherson v. 
 Doiigan, 9 Gr., 258. 
 
 (4) Rev. Stat. (Ont ), c. 95, fis. 8 & 9. See Pressy v. Trotter, 
 26 (Jr., 154-295. 
 
 (5) Neesou v. Eastwood et al, 4 U. C. R., 271. 
 
 (6) Fraser v. Sutherland, 2 Gr., 442. Buruham v. Daley, 11 
 U, C. R., 211, 
 
 1 \ 
 
CHAP 
 
 57^ 
 
 n 
 
 WHO ARE DKEMED PUKCHASERS. 
 
 216 
 
 brance created by the insolvent prior to insolvency, 
 is a purchaser for valuable consideration (1). 
 
 The provisions of the Act apply equally to Act ap- 
 Sherifif's deeds executed in favor of purchasers at sheriff's 
 Sheriff's sale as to any other description of con- ^^eeds. 
 veyances (2). 
 
 A purchaser at Sheriff's sale is a purchaser for Sheriffs 
 
 1 11 • 1 i.- ;.> . vendue. 
 
 Yiilua'tle consideration (y). 
 
 It was held, following the case of Doo d. Bron- 
 nan v. O'Noil, Hupni, that a purchaser for value, 
 with a registered title, under a Sheriff's sale of 
 A's interest in land, was entitled under the llegis- 
 try Laws to prevail against a non-registered con- 
 veyance made by A. prior to the sale by the 
 Sheriff (4). 
 
 It is a clear and well-settled rule in equity that l^^'f^ '" 
 a [mrchaser for value (without notice) will never to pu'r- 
 be dei)rived of auv advantage he ))ossesses arising '^■''j''**''' ^'^'' 
 
 '■ . Viiliie. 
 
 Iroin either a legal or equitable title, or even from 
 mere possession : although, as between or amongst 
 mere equitable claimants it will enforce the right 
 of the prior, against the subsequent claimant in 
 point of time, in compliance witli the maxim, "' (Jul 
 prim- est tcmpitre, potior est jure "' (5). A plea of 
 ixirchase for value without notice cannot be set up 
 against the Crown (6). 
 
 A person entitled to a lieu upon land under Mochau- 
 ''Tlie Mechanics' Lien Act," and filing a state- '^^j 
 luent of claim, verified by affidavit in the manner 
 prescribed by that Act, is a purchaser pro tanto 
 within the meaning of the Registry Act, but his 
 
 11) HoJgen V. Glittery, 58 111., 431. 
 (J) Uoe d. Brennan v. 0'N«il, 4 U. C. R., 8. 
 (H) Waters v. Shude. 2 Gr., 457, per Spragge, V.C. 
 (4) Bruyere v. Knox, 8 U. 0. P., 520. 
 
 I">) Mitchell V. Uorrie, 6 Gr., 025. See Miller v. Wilcox, 16 
 I'. C. P., 529 ; S. C, 17 U. C. P., 308. 
 (6) Atty General /. McNulty, 11 Gr., 281. 
 
 m 
 
yi>, 
 
 216 
 
 REGIHTERINO OR OMITTING TO REOISTK 
 
 R. [' 
 
 HAP. X. 
 574. 
 
 ConKi('cr- 
 atiunmuBt 
 be vttl li- 
 able. 
 
 Jii(lKn;cnt 
 cri'ditt r. 
 
 Execution 
 crt'di'or. 
 
 ARHisiue 
 in ins(jl- 
 vency. 
 
 lien will terminate at the lapse of ninety days from 
 completing the work, delivery of materials or ex- 
 piration of period of credit, unless he institute pro- 
 ceedings to recover the value thereof, and register 
 a certificate of such proceedings having been com- 
 menced. The lien can be vacated upon satisfac- 
 tion or proper security being furnished (1). 
 
 III. Who are not purchasers : — 
 
 A., holding land under a registered title, sold to 
 B., whose deed was not registered; B. sold to C, and 
 afterwards re- sold the land to 1)., who registered 
 his deed, the deed from B. to C. not being regis- 
 tered. C, having obtained a deed of release from 
 A's heir-at-law for a nominal consideration, regis- 
 tered it. It was held that C. could not thereby 
 obtain priority over I)., the former not being con- 
 sidered, as to the release, a subsequent purchaser 
 for value (2). 
 
 A judgnunt creditor is not a purchaser within 
 the Act (8) nor under the Statute 27 Eliz., cap. 4, 
 so as to avoid voluntary conveyances (4). " One 
 cannot call a judgment creditor a purchaser, nor 
 has such creditor any right to the land, he has 
 neither, /».« in re hor jus ad rent" (a). 
 
 An execution creditor is not a purchaser within 
 the Begistry Act. 
 
 An assignee in insolvency is not a purchaser so 
 as to obtain any priority by prior registration of 
 the assignment deed over an unregistered deed, 
 founded upon valuable consideration and executed 
 
 (1) See Rev. Stat. (Ont.), cnp. 120, amended by 41 Vic, cap. 17. 
 
 ('2) Doe d. Major v. ReynoldB, 2 U. C. K., Ul ; see Doe d. ltu.ssell 
 V. Kodgkit-s, 5 U. C. 11., 348. Baby qui tarn v. Watson, I'i 
 TJ. C. li., 5H1. 
 
 (3) Fiiieh V. Winchelsen, 1 P. Wms., 277. 
 
 (4) Beavan v. Lord Oxford, 2 Jur. N. S., 121 ; Gilleapio v. Van 
 Egniondt, 6 Gr., 533. 
 
 (fi) Bruce v. Duchess of Marlborough, 2 Plovr., 491. 
 
CUM'. x."| 
 
 ASSIGNEE OF MORTGAGE. 
 
 '217 
 
 by the insolvent prior to his insolvency in favor of 
 a person ignorant of his position (1). The assign- 
 ment does not pass the title in insolvent's real 
 estate to aesij^nee, nnless it be executed and regis- 
 tered according to tlie Insolvent Act (2). 
 
 The assignee of a bankrupt has no greater l^"*' "o 
 rights m respect to unregistered deeds made bvr.niits un- 
 tiie hitter th(in he himself would po>;sess. Such 'J'"^/''"^ 
 
 ' Act than 
 
 assignee, therefore, takes the bankrupt estate sub- tin; iusoi- 
 ject to any incumbrances he has made, nutuith- ^^'"'' 
 standing tlieir non-registration (8). 
 
 It has been held that, although as a general Assif,'iioe 
 l)riiieiitle an assignee of a mortgage is entitled tOguKf. 
 be chissed as a purchaser, yet that he is ])ut an 
 asHJgiiee of a <7/o.sr /'// (irtioii. (4). If he acijuires 
 title by [)iirchase from a trustee he takes subject 
 to ail the equities existing betwren the trustee and 
 those for wlioiii be iiolds beiielicialiy, and tlie 
 assignee is, under such circumstanct's, disentitled 
 to set up the defenee of a purchaser for value 
 without iiotice (51. TIks registered owner of land 
 having mortgaged it, afterwards conveyed the 
 pro[)erty al).^()luti'ly to a [lurchiiser for value, 
 wlio. before the lirst mortgage was registered, 
 caused bis deetl to be registered, and executed a 
 mortgage to the vendor, for a portion of the pur- 
 chase money. Subsequently, the vendor assigned 
 this mortgage from the purchaser to another per- 
 son for value, without notice of the prior nioi-tgage. 
 It was held, that the vendee's mortgage, in the 
 
 ill Hodgi'ii V. Glittery, 58 111., 43. See Ci liver v. Shaw, 19 
 Gr , 5't<). 
 
 (J| I'arliv V. Agric'iiltiintl In-^. Co., 3 Piif. 470. Spc Duwh v. '^' 
 
 An liTsun, G Blink. Ufg. (N.Y), U5. J 
 
 (H) .Idiu'S V. (iil)l)()ii, !) Vfs., 107. 
 
 Ill Fisher on Mtj^ea., 6',l(5 ; Cockell v. Taylor, 15 Beav.. 103. 
 
 I.")| Moore V. Jervis, 2 Co 1., (ID ; Rvckmitii v. Canada Life A.sa 
 C.)., 17 (iT. 550, but Kte Rev. Stat. (Out.) c. 1*5, s. 8. 
 
 15 
 
I?" 
 
 
 w 
 
 1 
 
 u 
 
 1 
 
 \l 
 
 
 : ^ 
 
 in 
 
 218 
 
 RKOISTERINO OR OMITTING TO RKOISTKR. 
 
 ( iiAr. X. 
 
 L !i7'». 
 
 Mort)^i(f,'e 
 foumitil 
 
 hands of the assignee thereof, was suhject to the 
 lien or charge of the vendor's mortgagee (1). In 
 this case, had the purchaser executed the mort- 
 gage for the bahinco of purchase money in favour 
 of a person other tlian the vendor, and such mort- 
 gage had been registered by the mortgagee, the 
 hitter could have retained priority over the hrst 
 mortgage, and his assignees would have been en- 
 titled to the benelit of his ])OHition. Jiut, as in the 
 case citud, the mortgage from the purchaser to his 
 vendor, (the hitter being alfoeted with the trust in 
 favour of the prior mortgagee), coiild not have 
 retained priority as against such first mortgage ; 
 nor by transferring the mortgage could he place 
 his assignee in any better position than himself. 
 
 In the United States a distinction has l)(>en 
 ,>.. „ .> t drawn between the case of a mortgage founded 
 considera- npou a consideration arising at the time of its 
 execution, and that of a mortgage fonrdol upon a 
 past or antecedent consideration, such as if made 
 to secure a i)rior debt; the mortgagee under a mort- 
 gage arising within the latter class not being 
 regarded, in their Courts, as a i)urciiaser for valu- 
 able consideration, to entitle him to protection 
 n gainst prior equities, of which he may have had 
 no notice when the mortgage to him was execut- 
 ed (ii). 
 
 Piirchasor A- person who has not the legal estate cannot 1)0 
 mu«t have gg|;ggjj-i^,(l a purchaser within this Act. In such a 
 
 tho k-giil .. , 4.- 1 X 
 
 estate. case it becomes a mere question between e(pii- 
 ties (3). It has been held that a party claiming 
 
 (1) Smart v. McEwaii, 18 Or., 623, following Ryekmaii v. Can. 
 Liio A8S. Co. supra. 
 
 ('2) Jones on Mtges. 
 
 (3j Wigle V. Setteriugton, 19 Gr., 518 ; see Phillips v. PhiliipB, 
 8 Jur. N. S., 145. 
 
CttKV. %■] 
 
 874. I 
 
 VALUAIU.H CONSIDERATION DKFINKI). 
 
 21U 
 
 mulcr a quit claim deed is not, in general, protec- 
 ted as a i)iircliaser for value without notice (1). 
 
 The purchase must have heen made in good '^'I'le , 
 fiuth, otherwise the person so purchusmg is not f,uth. 
 a "purchaser" within this section. " KKcept in 
 thi! case ot an honest, hotui fide purehm^er, the 
 defence of a purchase iov value is not valid, either 
 under the llegistry Laws or otherwise ; and the 
 furtluT question of notice of the particular cUiim- 
 aut's title does not arise " (2). 
 
 The Ilt'''istrv Act protects hojiest puriJiasers, ^''J ''"*"* 
 7 • '■ ' not pni- 
 
 but repudiates those wliose i)urciiases are specu- tcL-t spccu. 
 iutive i;}). Only an instnimi'iit ahove exci'iition 'f*'^.",.'""^* 
 and untainted with fraud will retain priority by 
 riji;istratiou (4). It is essential, in orilrr to entitle 
 ii [)urchaser to retain priority, that he should have 
 given value in good faith (;')). 
 
 iV. What is deeiuud a valuable consideration : — 
 
 Tiu! statute operates only in favour of nurclias- <'"'»' '^"^l 
 
 111 -1 • valiiiilili! 
 
 ers who have j^'ivuu valuable consideration. Con-cdnsiaiTu- 
 sideration may l)e cither good or valuable, (lood*"^"- 
 consideration has been defined to be " such as that eonsi.'era- 
 of blood, or of natural love and alfectioii — being ^'""• 
 founded on motives of generosity, prudence and 
 natural duty" ((I). A valuable consideration con- "Valu- 
 sidts ot money, marriage, woric performed, services si.iorution, 
 rendered, forbearance of legal and e(putal)ie rights 
 or any other thing that bears a known or relative 
 value. 
 
 The adequacy of consideration is immaterial, Adrquftcy 
 and will not be enquired into either at law or in 
 
 (1) (ioff V. Lister, It (W., 451. 
 
 i'i) MoLiiiiniMi V. McDoiiiilJ, 18 Gr., p. 510, per Mowat, V. C. 
 t:j) Uicu V. OComior, 12 Ir. Chy,. 424. 
 (4) Underwood v. Lord Uourtowu, ii Scb. & Lef ., 41, 
 6) W. & T. Ii. C. 37. 
 (6) 2, Blttckstoue Com., 397. 
 

 220 
 
 KKUIKTKRING OR OMITTINfi TO HKOIHTK.U. 
 
 : < iiAiv X. 
 1. 174. 
 
 f^quity, l)iit inadequacy of cotiHiderHtion iDiiy lie a 
 
 bad^'e of fraud. 
 Vnhiiil)le It iited hardly bo observed that the conHide'-'t- 
 ti„„ in.cuH- tion niUHt l)e lawlul. tonsuleration, illegal ei 
 fVy '".'"■ at eoinnion law or by statute, practically anioiaitH 
 
 tam pri- ... '' 
 
 ority.-f to abHeiiee oi consideration (1). 
 
 lion V. I'pon what consideration the ref^istered in- 
 
 Btrument must be founded : — 
 
 It is essential that there should be a vahiuble 
 consideration to support a prior registered deed as 
 against a siihsequeiit purchaser for value. As 
 against a subserpieiit purchaser for value a volun- 
 tary cotiveyance is voi<l, and this objection may In 
 taken advantage of in any proceedings that may 
 be adopted by, or had against, such purcha^el• c*^ 
 A conveyance by the heir at law for a nom' 
 consideration, although registered prior to 
 will of his ancestor, does not operate to cut <>i;t 
 the will, a valuable consideration being re(|i:lr.(| 
 to have that effect (8). 
 
 In 1855 a father executed an agreement, im "er 
 seal, covetuinting to convey to his son .liinies, oiic- 
 lialf of the east half of a certain lot; it \)v\wj, 
 agreed that Janus should till the fiirni as usual, 
 and account to his father for a certain portion of 
 the i»roduce. In IM(»;J the fatlier ct)nveyed the 
 whole lot to two other sons, for an e\[)resseil con- 
 sideration of five hundred pounds. This deed was 
 registered before the agreement.; the vendee of 
 the two sons brought ejectment against the widow 
 and the devisee of James. The jury having found 
 that the deed of 180;J was voluntary, and the 
 plaintiff not having shewn that he had paid any 
 
 (1) See Watts v. MitchoU. 2(5 Gr., 570and cases cited therein. 
 
 (2) Hep Heap v. Cniwford, 10 Gr., 442. 
 
 13) WilkiuMJii V, Cor.kliii, 10 U. C. P., 211. 
 
< lUP. X. 
 
 174. 
 
 VAI.t'.MII<K. ( (iNaiDKUATION NKCKSSAUY. 
 
 asi 
 
 viiliiiil)!*' coiisidcnition for the conveyance to liim- 
 Hi'lf, it wns held, that the prior re«^istrv of the deed 
 of 18(>;{ could have no etlect iijion the aKn-enient 
 of IH"),"), the liei^'istrv Laws requirin;^ coiiHidera- 
 tion to Hiipiiort priority of rej^istration (1). 
 
 Where a inortj^af^e, l)ein}^ voluntary, was voul jn^^^,,, ' 
 under the Act 27 Kli/... cap. 4. as aj^ainst a suhse- ""'"t'< 
 
 11 III • 1 Vulll lis 
 
 (pient conveyance founded upon valualtU' consid- n^'uinHt 
 
 eration, it was held that the re^'i8tr!iti.)n of such **"''"*'■ 
 
 ' '^ i|ii*'iit cou> 
 
 niorti^ago prior to such conveyance could not alter vcymioo 
 or affi'ct the character of such nioitj;iie;e or I't-'iilt'i'n.'nt'i'aura- 
 it valid (2). In this case the m<)rtga<i;ee had •''»'• 
 assij»ned the m<)rt<i!a<^e to one S., who neu'lected to 
 re<,'ister the assigiuuent until after tin r\ecution 
 and registry of the conveyance ; the assignment 
 was deemed void under the llegistry Act as against 
 the conveyance. 
 
 Where a conveyance of the wife's land was made^"^ '»•■ 
 
 i. i.1 I 1 1 * !• • • !• vuid. 
 
 to tlie husband alter marriage, in pursuance ot a 
 jhtrol contract alleged to have heen entered into 
 l»rior to the marriage, it was held, that the hushand 
 was not a purchaser for valuahle considi-raiion of 
 such land {H). 
 
 If the prior registered instrument he voluntary, 
 or founded upon good consideration alone, although 
 good inter partes and volunteiTs under tlieiu, 
 it will be void as against a subsequent [)urchaser 
 for value to the extent necessary to give etlect to 
 the subsequent conveyance y\). 
 
 A deed voluntary in itself can liowever becane Voluntary 
 
 ]• J . , , '. , . . . . , , ^ ilci'd may 
 
 valid through consideration arising subseijuent to i„, juade 
 its execution ; such as upon a sale^ by the grantee ^^''""' ^^ 
 
 (1) Leech v. Leech et al , 24 U. C. li., 321. 
 
 (2) Miller v. McGill, 21 U. C. R., 597. 
 
 (:i) McCarthy v. Aibuckle. 29 U. (J. P., r.29. 
 (4) Croker v. Martin, 1 Bligh. N. R., 573 ; Bill v. Cureton, 2 M, 
 & K., 503 ; Doe v. Rusham, 17 Q. B., 723. 
 
I,. 
 
 * I 
 
 
 222 
 
 oriarinnl 
 
 coiihiJtra- 
 
 lioD. 
 
 KEGISTKRINO OR OMITTING TO REGISTER. 
 
 rCHAP. X. 
 
 Prior rep- 
 iKtrntien 
 of Tolnti- 
 tar>- (litii 
 enures to 
 grantee'ri 
 assignees 
 for value. 
 
 tiuTeuiKlcr to a purchaser for value, or by a mar- 
 riH<,'f' settlement being contracted upon the faith 
 of such deed. In other words, voluntary convey- 
 ances being only voidable in their creation, may, 
 from the fact of valuable consideration subse- 
 quently arising, be converted into deeds founded 
 upon valuable consideration. If A. conveys to B., 
 by voluntary deed, a?. J 13. conveys to C. for value 
 without notice, C. wiU. upon registering his deed, 
 hold priority against a subsequent purchaser for 
 value from A., who registers after the registry of 
 C'.'s deed (1), The defect in the conveyance from 
 A. toB., arising from the want of consideration, is 
 remedied in the deed from B. to C. The latter, 
 therefore, in virtue of the consideration movin;:! 
 from him to 13. may be held to be constructivtly 
 in a similar position as if he had primarily given 
 value to A. ("2), or as if A.'s deed to 13. had bten 
 founded upon valuable consideration aJ) initio 181. 
 As betwi'en the parties to a voluntary deed, ami 
 those claiming under them as volunteers, however, 
 the change resulting from a,valuable consideration 
 paid subsequent to the execution thereof, only 
 takes eifect from the time such after-consideration 
 arises. 
 
 Although the registration of a voluntnry deed, 
 confers no priority upon the grantee and those 
 claiming under him as volunteers (4), bis assignee 
 for value is, nevertheless, entitled to any priority 
 arising out of such registration. A., conveyeil to 
 B., who neglected to register his deed. A. sal)se- 
 
 (1) Johnson v. LenHnl, Turn. & R., 281 ; Proilgers v. LanKlmui, 
 Sitl Ui ; oonf d George v. MiUmnk, '.) Ves., 19H ; Sttiry, s. 381. 
 
 (2) Daiiberry v. Cockliurn, 1 Mer-.C-'fi, per Sir Win. Grant ; e^e 
 Mort'wood V. South Yorkn. Co.. 3 H. & M., 748 ; Low v. McGill, 
 10 L T. (N. S.j, A'jr>. 
 
 (3) In re Flood's Estate, 13 Ir. Ch. R., 312. 
 (A) lb. 
 
CHAP. X."| 
 
 {74. J 
 
 ABSENC'K OF CONSIDERATION. 
 
 223 
 
 queiitl}' conveyed without consideration to C, who 
 r gistered and conveyed to 1)., for valuable consid- 
 eration ; D. also registered. It was held that D., 
 having given valuable consideration to C, tlie 
 mere fact that C. had not given value to A., would 
 not defeat the priority obtained by D.. in register- 
 ing, as against B.'s unregistered deed (1). 
 
 A purchaser for valuable considerntion with Notice of 
 notice of a prior voluntary settlement will not be (^"1^,^^^^^^ 
 postponed or otherwise nlfected by such notice (2).<ieeJ. 
 
 Where a conveyance expressed to be for valu- 
 able consideration is in reality voluntary, it forms 
 a cloud upon the title, and the Court will decree its 
 removal (3). 
 
 But where the instrument is void upon the face Romovar 
 of it. and therefore cannot be said to be a cloud '/,jry",i^,^.j 
 upon the title, the Court will not interfere (4) ; asf'"'" ^^e- 
 
 ..... . Ki^trT 
 
 this objection will avail a purchaser for value in Buoiii*. 
 any proceedings juloptod eithur by or against him, 
 such n deed heing void as against him (5). If it 
 be clearly shown, however, that tlie voluntary deed 
 was prepared, I'xeeuted and registered, lor tlie 
 exjuvss purpose of a fraud upon the plaintiff, its 
 removal will be decreed (6). 
 
 The consideration must not be tainted with Fn-p from 
 fraud. A conveyance is fraudulent and void //j f'"''"'^ 
 into as against a subsequent purchaser for value, if 
 the consideration for which s.u'h conveyance is 
 executed is fonndtul partly upon a just debt, and 
 partly upon a sum not due but fraudulently 
 inserted. A person in embarrassed circumstances 
 
 (1) l)(pp >1. Matlock V. Pisher, 4 U C. 11., 11. 
 
 (2) IV.U'kle V. Mitchell. IS Vch., 100. 
 
 (iJ) lloss V. Hiirvt.'v, .S Gr,, filO. See McDimiild v. GeorRian 
 Buy Lninber Co , 24 (Jr., SoG. jjovelace v. HarringtoD, 27 Gr., 178. 
 ("l) Hard V. Hillinton, Gr.. \i5. 
 (")) Hnclmnan v Campbell, 14 Gr.. 163. 
 (6) lb. Robs v. Harvey, $upra. See Oxley v. Lee, 1 L. R Eq., 164. 
 
fu, 
 
 \ 1 
 
 i 1 
 
 224 REGISTKRING OR OMITTING TO RKGISTKK. Tchap. x" 
 
 made a deed of land to bis son in alleged pur- 
 suance of a i)rior agreement, l)ut he rt-mained 
 in i)ossessi(ni of the property, retaining the deed 
 in liis own hands and unregistered, for fifteen 
 months. There heing, in addition. otli.T oircmn- 
 stances against the good faith of tiie trans iction. 
 it was h(dd, that t!ie deed was void as against suii- 
 setpunt creditors, the prior creditors i ng be-u 
 paia (1). 
 
 Rightfl at- VI. Who are entitled to take advantage of pur- 
 
 tachiiiL' to ... , 
 
 a pur- chase tor vahie : — 
 
 chaser fur i i , i • ■ ^ -.i 
 
 viUiic -^^ "" o^i'^^"'il vww, a person clanning title 
 
 enures to uiuhr another is entitled to lie idaced in the 
 
 his trans- , . . • , , . 
 
 furees. latter s position, and to enjoy the benetits attach- 
 ing thereto. 
 
 The Registry Acts do not at^ect the great funda- 
 mental principh's of equity, and a purchaser 
 claiming uiKh'r a registered deed, is left open to 
 any eipiity which a prior purchaser or incum- 
 brancer may have (2). As wiiere a pui'chaser for 
 vahie, without notice of an unregistered incum- 
 brance or e(piity, subsequently sells the land, iiut 
 prior to such sale both he and bis vi^udee acquire 
 notice of such incumbrance or equity, the vendee 
 will take and hold the title free from such incum- 
 brance or equity ; as the sale will relate back to 
 registration of the deed under which the vendor 
 claims, and the vendee is entitled to be placed iu 
 the vendor's position at the date of such registra- 
 tion. To hold the contrary would have the etl"< ct 
 of destroying the objects aimed at, and benefit* 
 conferred bv, registration. The rule in equity is 
 never to permit a legal right to be disturbed by 
 
 (1) SteveiiRou V. Franklin, 16 Gr, 139. 
 
 (2) Chaudos v. Brownlow, 2 Kidg., P. C, 428. 
 
 
CHAP. X. I 
 
 §74. 1 
 
 EVIDKNCK OF PURCHASE FOR VALCE. 
 
 225 
 
 any equity subsoquently disclosed. "Where a per- 
 son becomes the assip;nee of a mortgage for va5a«, 
 without notice, and subsequently assign-, hh 
 assignee, though taking with notice, is eutitltxl to 
 the benelit of the first assignee's position in thttt 
 rt'spvct (1). 
 
 The prior registration of a mortgage containiujf-'^-'wtra- 
 a power of sale enables the mortgagee, in the 3'r'>- m'.rt^M<re 
 
 lur exercise of such power, to sell the lan<i iiv^ * "^^^ P"''- 
 . ■^'' of sale, 
 
 from the ehiim of a purchaser from the mortgagor, 
 
 [trior in {loint of time to the execution of tiie mort- 
 gage, but who neglected to register his conveyance 
 before the mortgage was recorded (2). 
 
 VII. The evidence of purchase for value: — 
 
 A deed per se imports consideration (8', but no! r«r€.i evi- 
 necessarily so in equity (4i. iroitfer- 
 
 The amount of consideration expressed in a de>ed *'' "^ 
 is not invariably the true criterion of its adequacy, 
 but the smallness of it may be im[)ortant eorr'tin*- 
 rative evidence upon a question of frauduleist 
 interest (5). 
 
 It is competent to shew the existence of other Tn-i- 
 
 consideration than that expressed in the deed, iu ^'^iX^r- 
 
 order to negative fraud, provided that the evidti. • • - may 
 
 ol the unexpressed further consideration is not in- 1, " ' . 
 
 ' If cot in- 
 
 consistent with the deed (6). «i:.a*i»t. 
 
 The px'oduction of the subsequent conveyancie'. 
 reciting that a valuable consideration had bet-n 
 
 ill P»r Mowiit, V.C., Totteii v. Douglass, 15 Gr., at p. 131. 
 
 \'2] Daniels v. Davidson, U Gr., 17H. 
 
 (Hi Plow.. 30y. 
 
 I4i Kikeworth v. ManniuK, 15 D. M. it G , 188 per Sir J L. 
 K. Bruce. 
 
 t-i) See Goff V. Lister, 14 Gr., 460; Patulo v. Borinpton, 4 I" 
 C. 1'., 187 ; Shank v. Coulthard, 19 Gr., 3'i4 
 
 (til Bank of Toronto v. Eccles, 10 U. C. P., 2«2, and the <•***• 
 referred to thereiu. 
 
w 
 
 n t 
 
 220 
 
 REGISTERING OR OMITTI^t- ?) aEiHSTER. 
 
 ["CHAP. X. 
 
 L 57*. 
 
 I 
 
 given, is not evidence of so^ft; consideration, as 
 against a stranger to bucL ticiiiTt+yance il). 
 Onus of A. party who claims, und+ir a ^^ubsequent con- 
 on party vevance, and seeks to di6j»lbf«r it prior one by rea- 
 BepkiiiK gojj of the earlier registra,tacEi of the conveyance 
 under which he claims. iiju?a. before he can re- 
 cover in ejectment, adducr *:me proof that he 
 stands in the position of a ]>a!!fui.Ter or mortgagee 
 for valuable consideration ±:; che onus prohandi 
 in this respect being ujtcm sin* party claiming 
 priority. 
 
 A. conveyed to B.'s son, t^mo: a. minor, by deed 
 not registered, and subsequ-^aaiHj A.'s heir-at-law 
 conveyed to B., who regist.ftr*iL Et was held tliat 
 B. could not displace hie ^ca'-f title by the mere 
 fact that he had registered Itrfioce the latter, as no 
 evidence of 13. "s bavin? gixHii ,tny" valuable eojisid- 
 rureliasereration bad been furriisb*-d :!< .. Et is not sufficient 
 ac.inircd t^^^^' ^''^ purchaser should IL-tve given valuable 
 
 "without consideration to entitle him ti.) the protection of 
 actual ... TT T c 111 
 
 uotico." tins Act. lie must be a ]trr;ha-;er for valual)le 
 
 coiihideration. ''without acnrttuli notice." 
 
 Tlie general princij)le up:ri; which notice of an 
 
 unregistered instrument if hii>l to affect the party 
 
 bavin? such notice to tbt *iiim.e extent as if the 
 
 instriiinent bad in fact bttf;!) tiiuy registered, rests 
 
 upon tbe ground that re<:i-^Tirjiliijoa i.** merely a sul)- 
 
 stitute for th<- notoriety fc>rm«iiiy attaching to cere- 
 
 monv of liverv of seisin. In nhn notorietv intended 
 
 to accompany either of tb^w- JLi't.-^ i.s accomi)lished 
 
 aUinide, the i)urposes of a^oistration, so far as 
 
 notice is concerned, are attujuttd, and registration 
 
 becomes unnecessary. !&ij)wLeiige, or notice, 
 
 (I) Doe (1. Cronk d ol. t. ftmni. T C. C. R., H76. 
 I (2) II). See McKenneT t jLnw. * U. € P., 46. 
 
 (a) .Doe d. Priuce v. Girtv h T (i EL, 41. 
 
 Gencrnl 
 piiii('i])lt! 
 on wliicli 
 ddctrint,' 
 of notice 
 rests. 
 
CHAP. 
 
 174. 
 
 "] 
 
 INTENTION OF RErtlSTRY ACT. 
 
 227 
 
 wbich is equivalent to knowledf^je, may therefore 
 usurp the place of registration. Iking aware at 
 the time of purchase that the vendor has previous- 
 ly sold or encumbered his interest in the land to 
 a third person, and taking advantage of the latter's 
 neglect to register his conveyance or security, ren- 
 ders such purchaser a participant in the fraud of 
 his vendor, and therefore part ice pit cnminiit. Such 
 purchaser,moreover, can gain no priority by earlier 
 registration, as the object and effect of registering 
 such prior deed or security was, as we have seen, 
 effected at the time the purchaser received the re- 
 quisite information through other channels (1). 
 
 The intention of the Act is to protect persons I'ltention 
 who acquire interests without notice of any ad- 
 verse rights, but not to shelter tho.se whose con- 
 scit'iices are already affected by notice nl'nmde (2). 
 
 The defence of a purcluiser for valuo is founded 
 on the maxim, that \vh(!re there is e(iual fciuity 
 tlie law must prevail; and, so far from having an 
 equal equity, a party has no equity at all against 
 the true owner, if he buys knowing, or correctly 
 believing, that his vendor has no title (I}), 
 
 Under the English and Irish Acts, which eon- ^'''''<*** 
 tain language simihir in effect to our own Act, it En-'ii-h 
 has, with one exce])tion, always been decided that iV"^^""*'* 
 n(jtice ot a prior unregistered mstrnment defeated Ait. 
 any priority gained by the registration of a subse- 
 quent instrument (4). The exception referred to 
 occurred in the case of liobinson v. Alsopj) (o), 
 where it was held that notice of a i)rior unregis- 
 
 (1) W. A T.. L. C. 37. 
 
 (2) Let- V. (in-fii, 20 .Inr,, 17fi, 
 
 (3) McLrnnftii v. McDoimld, IH Or., at p. 508. 
 
 (4) GoRliiin's cii«f, 3 Sim, 301 ; Agrii Hank v. Barrv. L. li., 7 
 E. & I. App., 135 ; Eyre v. MoDowi'll, 9 FI. L., fiig. 
 
 (5) 5 Baru. & Al.l., 142. Seo Turnstall v. Trappes, 3 Sim, 301. 
 
Hi 
 
 228 
 
 REGISTERING OR OMITTING TO REGISTER. 
 
 f CHAP. X. 
 
 L jri. 
 
 Under 
 Anifiican 
 
 Laws. 
 
 terofl instrument would not defeat a priority ac- 
 quired by the rejTjistry of a subseijuent instrument. 
 Tills decision has, howtiver, never l)e<n followed, 
 and is now obsolete. In Blades v. Blades (1), 
 Lord Chancellor King said that " a sulisequefit 
 l)urchaser, with notice, getting liis own i)urchase 
 lirst registered, was a fraud, and the Court would 
 never suffer any Act of Parliament made to pre- 
 vent Iraud to be a protection to fraud.' Although 
 it was at one time liehl that priority of registra- 
 tion was not lost througli notice (2), a long series 
 of decisions in our own Courts has determined that 
 the Eegistry Laws were never intended to protect, 
 and, in fact, do not protect, a person having notice 
 of a right or interest wdiieh he seeks to defeat (3|. 
 
 The Rt^gistry Laws of the several of tue United 
 States of America do not allow notice to interfere 
 with the priority cont'crred bv registration, 
 lu France. It is a Settled doctriuf in France that the most 
 direct and actual notice will not supply the want 
 of registration, so that a witness, or even a party 
 to a prior unregistered instrument, is not pre- 
 cludt'd from acquiring the projjerty comprised 
 therein by a subsequent conveyance from the same 
 grantor, and, by registering first, acquire priority. 
 
 Notice is either actual and positive, or construc- 
 tive and implied. 
 
 Actual and positive knowledge is that notice of 
 the fact which is brought home directly to the 
 party. Constructive notice, in its nature, is said 
 to be " evidence of notice, the presumption of 
 
 (1) 1 Eq. Ca App., 358, pi. 12. See Lawless v. Kenny, 1 H. 
 & B., 377. 
 
 (2) Doe (1. Pell v, Mitclieuer, Dra. 471. 
 
 (3) MfMa«ter v. Phii)ps. 5 Gr., 253 ; Forrester v. Campliell. 1" 
 Gr., 379; \Vit,'le v. Sutteringtou, 19 Gr., 512; Severn v. McL,;!- 
 lan, 19 Gr., 220. 
 
 " Actual 
 notice.'' 
 
 •'Coii- 
 
 fltrnctive 
 
 iioticj.'' 
 
CHAP. X.l 
 574. J 
 
 CONSTRUCTIVE NOTICE. 
 
 220 
 
 which is so violent that the Court will not allow 
 
 ev( n of its boiii'i; controverted (1). Constructive ^'^"'*''"".^" 
 
 . tive notice 
 
 in)tice liHK l)een lield to apply ni two cases ; First, huld to 
 
 where the party had actual notice that the land'*'^^'^'" 
 was encumbered or char<,'ed, and he was therefore 
 held to have had iin})lied knowledge of facts and 
 instruments, to a direct knowledge of which he 
 would have been led by an enquiry after sucli 
 charge or incumlirance ; Second, where the party 
 purposely abstained from making any enquiry in 
 ordt-r to avoid knowjtdgi'. Tlie former class rest 
 upon the proposition that the part}' had actu:il 
 notice of the relation of the facts or uistrunii-nts 
 afl^.'cting the land, and the latter upon the ground 
 that the party evinced a purpose clearly dfUion- 
 stratiiig his suspicious of tiie truth, ami a fraudu- 
 lent determination not to learn it ('2,}. But in the 
 alisence of actual notice, and of a fraudulent inten- 
 tention in turning away from a knowledge (jf the 
 f:icts w'oich the /r.s (lenfte would suggest to a pru- 
 dent mind ; if mere want of caution, as distin- 
 guished from wilful blindness, was all that can be 
 iun)uted, tlie doctrine of constructive notice did 
 hot aiiply ; and circumstances which might amount 
 to a notice sntiicient to i)ut a party upon enquiry, 
 will not necessarily prevail over a registered title, 
 although it might be a sufficient notice in otlier 
 cases (3j. 
 
 Constructive notice was not, prior to the Regis- Prior to 
 trv Act of 18()5, deemed sufficient to displace the^l''iv^r* 
 
 ' ' - of 1H()5 
 
 prior registration of a deed, executed in good faith, constmc- 
 
 tive notice 
 
 ill Plumb V. Fluitt. 2 An.st., 438; Kenncav v. Green, 3 M. & 
 K., 71',). 
 
 (2) Jones V. Smith, 7 Haro, 43. See Iliitcliff v. liarnani, L. 
 R , « Cby, 652 ; Wliillireaa v. iinr.lon, 1 Y. & C. Ex., 32. 
 
 <3) Soden V. St.-vt-iis, I Gr , 34(1; Wyatt v. Harwell, 19 Ves., 
 ii-) ; Ferrass v. McUonalil, 5 Gr., 310. 
 
Mfii. ' 
 
 280 
 
 not suffi- 
 cient to 
 dinplnce 
 prior deed. 
 
 Couslruc- 
 
 tiv« 
 
 notice. 
 
 Under the 
 EnKlisli 
 and IriKh 
 Actn. 
 
 Nfit sufli- 
 cicnt in 
 tliis I'rov- 
 inec to 
 jiostponc 
 prior reg- 
 istered 
 deed. 
 
 Definition 
 of "aetii- 
 al" notice. 
 
 "Actual" 
 notice un- 
 der Irisli 
 Itet-', Act. 
 
 KEOISTKRINO OU OMITTINCi TO RKOISTKR. [< "Al'- X. 
 
 L j (4. 
 
 and founded upon value (1). But where an un- 
 registered interest of a date antecedent to that 
 Act, was not founded upon an instrument which 
 was then capable of registration, constructive 
 notice of such interest was held sufficient to enable 
 it to prevail over a subsequent registered instru- 
 ment (2). 
 
 In Englaud, constructive notice of an unregis- 
 tered deed is as ell'ectual as actual notice, but in 
 Ireland that rule is somewhat modiiied (Ji). 
 
 In this Province, constructive notic^e is insuffi- 
 cient to postpone a prior registration, "actual" 
 notice alone having that effect (4). 
 
 The words " without actual notice " did not 
 api)ear in the corresponding sections of the llegis- 
 try Act of 18(58, or prior Registry Acts, being 
 added by the Statute 86 Yic, cap. 17, sec. 7. 
 
 " Actual" notice has hocn said to he " satisfac- 
 tory proof" that the persmi who registers the sub- 
 sequent deed must have known exactly the situa- 
 tion of the persons having the prior deed, and 
 knowing that, registered in order to defraud them 
 of that title he knew at the time was in them (;")). 
 
 It has been held in a case arising under the Irish 
 Act, that in order to affect the priority of a regis- 
 tered over an unregistered deed by reas.m of fraud 
 in the grantor of the former deed, actual notice of 
 
 (1) Ferrass v. McDonald, supra ; Baldwin v. Duinnian, (i dr., 
 at page o'JH ; (iraliani v. Chalmers, 7 (Jr., ;VJ7 ; S. C, '.I Gr., '2M; 
 McOumm v. ('rawfonl, 'J (ir., 387 ; Moore v. Bank of B. N. A., 
 If) {jr., aod ; Soden v. Stevens, mpra ; Hollywood v. Waters, (j 
 Gr., ;i20. 
 
 (2) Moore v. Bank of B. N. A., supra, 308. 
 
 C-i) Wormald v. Maitland, 35 L. J. Cliy., 69; Whitbread v. 
 Jordan, $upra ; Nixon v. Hamilton, 1 Ir. C. 11., 57 ; Tn re Allan's 
 estate, Ir. U. 1 Fa[., -It",. 
 
 (Ij Foster T. Beall, 15 Gr.. 244. See Henderson v. Graves, 2 
 E. &A., 9. 
 
 (5) JoUand V. Stainbridge, 3 Ves., 478. See Irons ▼. Kidwell, 
 1 Ves., Sr. 6» ; Wyatt v. Burwell, 19 Ves., 439. 
 
( HAP. X."l 
 {74. 1 
 
 ACTUAL NOTICE. 
 
 281 
 
 tho fraud must be fixed upon the grantee under 
 such former deed (1). 
 
 " Actual " notice means actual notice of the 
 title of tho adverse claimant (2). 
 
 Registration is "actual" notice (3), and under 
 Con. btat. (L. O, cap. Hi), is notice ot all regis- ti(.i, „f 
 tered instruments, whether registered byfore or *'"<'• 
 since the Act 18-14 Vic, cap. 0)1, which first Jl;;^'"'""" 
 enacted that registration should operate as 
 notice (-1). KegistratioM has been held in England 
 and Irehmd not to amount to notice (5). 
 
 It has been decided that registration is not 
 notice under the llegistry Act of Nova Scotia (dl. 
 The princi[)]e ui)on whicli registration amounts to 
 " actual notice " does not, however, apply in the 
 case of one parting with an interest in land (7)., 
 
 •'Actual" notice does not necessarily mean 
 notification. It may !.'e inferred from a person's May bo in- 
 admissions or recitals in a deed (.8). lerm . 
 
 Possession does not amount to " actual " notice. Posses- 
 being constructive onlv. In the case of an un-^!""'^'"' 
 registered iutirest oi a date prior to tlie Registry notit'o 
 Act of IHi)."), not founded upon an instrum(int capa- "" ^' 
 ble of registration, (constructive notice being deemed 
 sutlicieiit noiice of such interest against a subse- 
 ijuent registered conveyance), it was held that pos- 
 session of the property by the party claiming such 
 
 (1) A^ra Bdiik v. Harry, L. B. Ir. Eq., 128, 114; In ro 
 AUfiis estate .iitpni: Wortnald v. Maitlaiul, .'55, L. .J. Chy., ti'J. 
 (•i) Roe V. Bracien, -it Gr., .'<81). 
 (8) Bell V. WalkiT, 20 Ur., r).")8 ; Diinlop v. Towii.ship of York, 
 
 16 Gr., 21G. See Meiizies v. Kennedy, 2;^ dr., 3i>0. 
 
 (1| Vaucev.Cmninint^H, 13Cir.,2o. See Kay v.\Vils(in,'24 Gr.,212. 
 
 (.^) liushoU V. Biisholl, Sch. i^ L., DO ; Latouclio v. Dunsany, 
 lb. ,137 ; Drew v. Lord Norburv, 9, Ir. Eq.. 171 ; Hine t. Dodd, 2 
 Atk., 27o, 171, W. & T., L. C , 39. 
 
 ((>) Don d. Hubbard v. Power. 1 Allen, 271. 
 
 (7) Trust & Loan Co. y. Shaw, 16 Gr., 446. Beek t. Moffatt, 
 
 17 Gr., COl. 
 
 (8) W. & T., L. C, 39. 
 
932 
 
 RKOISTEUINO OB OMITTINO TO REOISTKR. 
 
 fVUAP. X. 
 
 L 571 
 
 Waters V. 
 yhuil<'. 
 
 unregistered interest was sufficient constructive 
 notice for that purpose (1). It was always held 
 that possession could not amount to notice, when 
 the claim was founded upon an instrument capable 
 of registration (2). 
 
 In Waters v. Shade (3) it was held that pos- 
 session of land under a prior unregistered deed 
 of the grantor, is not notice of such prior deed 
 to a subse(pient registered vendee ; and that as 
 such possession is coiisecpient n\nn\ the prior sale 
 and conveyance, and is grounded therton, the 
 Registry Act, in avoiding the prior deed for want of 
 registration, avoids also the possession held under 
 it. It was laid d(jwn in this case that a purchaser 
 is not re(piired either at law, or in etpiity, to visit 
 the lands to ascertain who is in possession, 'riio 
 assurance of the jerson conveying tiie land, and 
 who appears from the hooks in the Registry Oilice, 
 to 1)(! owner and in possession, is sufficient to entitle 
 the purchaser, upon paying his money, and receiv- 
 ing his conveyance on the faith of such assurance, 
 to he protected against any person who is actually 
 in iKtssessiou uudt r anotlier deed, but who has 
 neglected to register it (4). 
 
 Possession, being constructive notice only, can- 
 not prevail against a registered title (">). Posses- 
 sion has been held in England to amount to 
 reKistti'cd notice (()). Possession by a tenant of part of the 
 title. estate has been held to be notice to a purchaser of the 
 actual interest he may have either as tenant simply, 
 
 (1) Moore v. Bank B. N. A., 15 Gr., .308. 
 {•2) 11.. 
 
 (3) '2 (Jr., 457. 
 
 (4) St'(> Cochrtme v Joliiison, 11 Gr., 177. 
 
 . (o) 111 Ferniss v McDoiitilil, 5 Gr., iUO ; MoCruium v. 
 
 Crawford. 9 Gr.. H '0 ; but see (ircv v. Coiicber, 15 (ir., 41'J. 
 
 (6) Homes v. Penny, 8 D. M. & G., 572. See W. & T., L. C, 
 p. 39— Burnhard v. GreensLields, 9 Moore P. C, 18. 
 
 Posses- 
 sion CHI -J 
 not pre- 
 viiil 
 a^^iiinKt 
 
 1 i 
 
IIAI'. X. 
 
 574. 
 
 I'OSHKSSIOS Nor ACITAI. NOl'lt'K 
 
 28M 
 
 >U\ 
 
 Ictiu- 
 
 |t to 
 
 the 
 If the 
 
 Inn V. 
 L. C, 
 
 |l|ISnl'HKlllIl 
 
 would III) 
 
 (ir with I'if^lit to pui'chiiso under an u^M-cciuint to 
 thiit viivA-X (li. It luis l)(C!ii saiil it woiiM iiiiitcri- us ,irtuul 
 ally iin[)air the scenrity whiidi iiit n ^n iici-ally 
 ri'pose ill a puhlio Ki';^'istc'r, ami ,L,'ri';itly iiii'i'iii<j;t' t-iutc iu- 
 ui»oii the hflielit'lunt I'olicy ol llif l!(';j;istvy hiws, 
 to charge the piihhc witli iioticu of nny cstat'' a 
 liartv ill i)<)Ssi'SHioii iui;j;ht acciuirc I'osscssion 
 should not, and, in fact, do< s not tend in such cases 
 
 to put. nu-n u[»ou L'n(iuu'y, 
 
 ir 
 
 a, tenant in posse s- 
 
 r' 
 
 sion under a h'ase for a term of vta's were to 
 U'chaso or otherwise acijiiirc the revi rsion 
 expectant upon tlie diteriirnialidu of the Kasc, and 
 \wre to ohtain a eonvevancd of such rcvrrsion anil 
 ne;j;left to re^^ister sucii eonveyancM' prior to the 
 re,L;istratioti of a subsequent conveyance of the 
 reversion executed hy tlu' hssor to a [lurchaser, 
 for value without actual iiotici', the latter would 
 not he deemed ait'ected with notice of the lessor's 
 fraud hy the hict of tiie tenant hi'ing in possession 
 l2). 
 
 In Grey v. VnxW (;5), Spraj^'go Y. C, says, (■r.'yv 
 " But it has already heen lieKl in this Court 
 that possession per -sc is not notice to affect 
 a registered title; and I api)rLhend it would not 
 be that " actual notice "' re(piired hy each of these 
 Acts in order to affect priority of registration, as 
 against a prior instrument : what is required in 
 such a case is "actual notice of the prior instru- 
 
 11. 
 
 rnetit. 
 
 It would l)e an anonialv, 
 
 looking at the way in which equitable interests are 
 
 (1) Daniels v. Davidson, Kl Vctj., 'ill) ; Powell v. Dillon, '2 l!;ill 
 & 13., 11(1; Imt ai'e as to tln^ contrary I'ojilmni v. Hiildwin, "J 
 Jones, ii'iO; Wiilliieo v. Lord Doiict,'ull,'l Dr. ,t Will., 1()2; t'liirk 
 V. Armstrong, l(t Ir. Cli., 2(»:! ; Forlics v. Deniston, i liro. 1'. C, 
 IS',1 ; UvhII v. O'Brien, 1 H. iV B., 718 ; Croftou v. Onusby, 2 8ch. 
 JiL.,586. 
 
 (2) Seo Lowthor v. Ciirlton, 2 Atk., 1.^9. 
 
 (3) 2;» Gr., at page 8'J;J ; alltJ- l^uH v. Walker, 20 Gr , 558. 
 
 16 
 
li'< 
 
 231 
 
 RKfMHTKHlNO Oil OMlTTINtJ T(t UKdlHTKIl. 1 ''"*'';'• 
 
 tlciilt with by those Acts, to hold [JossoHsion Ijy the 
 person Imviu}^ hucIi intiTcHt pi'r so notic(^ imahist 
 a rc^isttTfd titlr, whun possession hy u person 
 hiivui}^ a * prior instrument' would not he notitre.' 
 In this caHo the facts were tliat the plaintitTs 
 brother bouj^ht certain lands for the plaintiif, and 
 placed her in possession iboreof, but afterwards 
 oi)taininf,' the patent in his own name, he procured 
 incuml)ranees to bu cri'ati.'d tliereon which were 
 duly re;j;istered. Tlu! Ct)urt held that the equitable 
 title of tlu! [)laintilf could not prevail a^'aiiist the 
 title of this incumbrancers, possession not bein;^' 
 such notice of titb; as will atl'ect the ri^'lit of a 
 person claiming,' nnder a ro^,nst^'red conveyance. 
 
 Coolcy A8« The doctrine enmiciated in the case last cited 
 yuiitli. ^^..^j, „pj,i-,,vt.d of and followed in Cooley ct al. v. 
 Smith (U, which lU'cided that knowledt,'e of tlie 
 possession by the defendant who claimed to have 
 eciuitable intiirest was not sulUcient to affect the 
 registered title, and that the plaintiffs claimini^f 
 under such registered title, had a right to recover. 
 
 The mere fact that an adverse claimant is in 
 actual possession of the hind is not sul'licient 
 notice, nor will it be " actual " notice even if the 
 grantee is aware of the fact that a person other 
 than his grantor is in possesbion (2). Nor is pos- 
 session by an adverse claimant notice nf Ivh 
 interest to a person parting with the e^ tat* 3). 
 
 Posses- A parol agreement having beei ^ between 
 
 "'"^" ""''" the vendor and a tenant in posset, u. unknown 
 agreciiK nt to the vendei' nnder a registered deed, Lhe "osses- 
 notice' sion of the tenant was held not to amonnt to elear 
 
 (1) 40 U C. U, .51:1 
 
 ( ■) Ho(> V. liradcn, '24 Gr., 589. 
 
 (3) lieck V. Moffatt. 17 Gr., 601. 
 
CMAI'. X 
 
 !SV4. 
 
 '1 
 
 KKFK(T OF NOTICK, 
 
 28; 
 
 notice of such uf^rt'eincnt ho jih to iitVcct tlif 
 Vi'ndt'O (1). 
 
 WliatcviU" (loultt mi;^'lit lutvc htn n oxprcSHcd as" 
 
 IIIhIi'I' tlio 
 
 liwli Act. 
 
 A.'t, 
 
 if IsCiS ic- 
 
 to the otVei't of posHcsHiou so fur nn the siiim' iiiii,'lit mnvi'ii nil 
 opfniti' !is iiolicc, such (h)iil)t wuh rciiiovi'd l>y the 
 
 fatli 
 
 ler illKl soil li.v ii.iHSfi 
 
 ile«j;isti-y Act, of isiis. Wlien; a 
 I'i'Hiiled toi^'efhrr upon certain liuid which InlDiij^ed 
 to the foriiiei', and continued to do so after ii con- 
 veyance thi'l'eof Inid Imtu executed iiy the father 
 to tlie son, wliicli (-(tiiveyance was not ri'^jistered ; 
 it was held, tlial the son's reniainin;^ in [lossission, 
 after tlu' ixecntion of tiie deed from the father, did 
 not alfect a suliseipient rei^istered [)urchasei* 
 
 ilmilit lis 
 t.K imtiiHi 
 
 -loll. 
 
 troni 
 
 tl 
 
 le father, without notie 
 
 th 
 
 e con- 
 
 veyanct' to tiu' s.m ('I). In his jud^'uient 
 Vaid\ou<^hnet C, after nd'errin^' to the sixiy-ei.Ljhth 
 section of the lugi?.try Act of fHiiH (;{; said "the 
 nu're fact of i)oss(j.ssion liy a claimant is not ^uch 
 (actual) notice, in my o()inion, as the he^^ishilui'o 
 
 lui'ant ; aia 
 
 I i tl 
 
 link we mu^t not tVitter a\va,v their 
 
 nieanin'^f hy mere suhlleties of construclion or 
 doctrine', 'i'he notice must he ex[)ress and diiect, 
 and not arisinn out of circumstances or facts 
 nii'rely, whicli should put a party U[)on eiKjuiry. 
 1 am of o|)inioii, therefore!, that then^ is no such 
 notice shewn as could affect the (hfeiidant, the 
 title heing a registered one, and the transaction 
 having taken place since the i)assing of the Act." 
 
 In Ilarty V. Ap[)lel)y (4) it was laid down as a Scttlrd 
 settled doctrine that in this Province possession ii 
 not notice as against a registered title. 
 
 The I'ffect of ac(piisition of actual notice is to 
 
 mo 
 
 (I) Uice V. OComioi-, 11 Ir. Cli. lii'p., C>\0. 
 
 (J) Slicilioiii'iiu V Jills., 1.") Gr., o7i ; see Elncy v. fjutv 
 
 (locti 
 tliiit piis- 
 scssiiiii irt 
 not iKitico, 
 lUTcctof 
 
 »H.i 
 
 1. ■>'.», 
 
 t'llS, 
 
 (;{) Siiiiiliii' til sec. 81 post. 
 (Ij ly Gr , 'JOo. 
 
11 'fl\ 
 
 u, 
 
 230 
 
 BEaiSTEHIN<^ OH OMITTINCi Tu RK.CilSTKR. 
 
 r<n.\r'. X. 
 
 L §71. 
 
 acqmnng (■j^feat aiiv iiriuritv by remstnition which, hut for 
 that notice would i)rc'Viul, and to place the party 
 having' notice in the same position as if the insru- 
 ment of which he has notice is actually registejvd. 
 The plain' iff sold to E. and took back a inort- 
 gaj,'e, which, however, he omitted to re,!:;i.ster. 
 Subsequently E. conveyed to defi'iidant. who rc.i,'is- 
 tt-r'-d his (!■ 'd before the re<;istratioii of the ni^rt- 
 pa^e. In ;i)i action of ejvctmeiit l)i'ou,^d)t by the 
 plaiiiiiii uj'Oii bis mortgage, the defendaiit clo-cd 
 liis casj w!t!!oiit having i)ut in and ])i'oved the 
 phiintiif's tb( (i from K. The learned judge at the 
 trial would not permit the did'ence to he re-optiud 
 for that puvi'ose, and as it app<'ared tliat the 
 defendant was aware of the exist-nct- of the 
 plaintiffs mortgage when ho purchased from 
 E.. and was therefore setting up a dishoutst 
 defence, tlie Court relused to interfere ; llobinsou 
 C. -T. remarking, " a Court of Equity would cer- 
 tainly compol him ^defendant) to pay the mort- 
 gage " 1 1^. 
 
 A party who had notice of an in ;umbrance upon 
 leasehold property by entering into partnershi[) 
 with the mortgagor, surrendered the lease and 
 obtained from the owner of the estate a substituted 
 lease to himself for 9i)i) years, which lease he 
 registered. He subsequently created several mort- 
 gages thereon, the original incumbrance being 
 regi^-tered in the interval. It was held, that as his 
 title had been acquired with notice of, and subject 
 to, the original incumbrance which was registered 
 before the mortgages created by the lessee, the 
 original encumbrancers were entitled to prevail over 
 the claims of the mortgagees of the lessee i2). 
 
 Ill Bliik.ly V. (tiirictt, 1(! U. C. U , Ml. 
 (2) MiickocLinie v. Miickt'chiiie, 7 tir., '23. 
 
M. J 
 
 KFl'ECT OF NOTUK. 
 
 •237 
 
 ]iiircli!iscr d'om tuo ncnr-at law w 
 
 it li 
 
 •itll notice J'^rcl.a.er 
 nin lioir- 
 
 of th'' tcniis of the will, hut niul(;r an erroneous .it-liw 
 
 impression that, acconlini,' to the true construction 
 
 of such teruis. the land was not atfected hv it. "'•'•'■^•i'': 
 
 with no- 
 tice of an 
 
 t-r.' 
 
 1 will 
 
 cannot successfully set uj), as against the cbiiniantof th.-an- 
 undrv the will, the defence of purchase- for value "■'■■'''^"■• 
 without notice (1). So where, prior to tlic I'.fu'istry 
 Act of 18()5, the registered ownrr of land had 
 I^arted with his interest therein hy an unregistered 
 deed, !i i)(rson, who afterwards fraudulently took, 
 and registered a conveyance from sucdi rcgisteri'd 
 owner, knowing or helieving that his grantor had 
 parted with his interest, was held not to be entitled 
 to maintain his priority over the true owner, 
 although he did not know, or had no ct)rrect 
 inf()rniation, who the true owner was ['!). 
 
 Where an insolvent executeil a fraudulent A^i^-noe 
 mortgage of all his uneiieiimhered property to liis!!.,^,,.^-itij 
 sou, to secure an alleged debt to his son, and a""' 
 lictitious deht to his wife, and the son tian.-^ferredfhosfn. 
 his mortgage, for value, to a person who had 
 
 l.f.rt 
 
 notu^e o 
 
 f tl 
 
 le HI so hen cv 
 
 and of other circum- 
 
 stances, litted to arouse his suspicions as to the 
 linii I //Wcx of the uioftga.ge ; it was held, that ho 
 could not set up Mie defence of a purchaser for 
 value without notice of the fraud {i\). 
 
 It was held that t!u- I'legish-y Act of IMC,-, did I^ior 
 not avoid a prior ei[uity against a suhseipient deed " 
 although registered iirst, where the latter was 
 taken with notice of the adverse claim (4). 
 
 Hit IVOIil 
 
 A.-t ,.f 
 
 IsC, 
 
 A lessee of a mortgagi>r, suhseiueut to thei. 
 
 execution of the mortgage is hound thereby 
 
 iiii'i t,-ii. 
 
 with no 
 
 {{) Smith V. lidiuiistei'!, l.'i (ii\ '^'.K 
 
 Kittv, 1(1 (if , l(i'2. 
 
 V. McUohmIiI, !•■< dr., 502; spo I (Tlmi 
 
 sou V. 
 
 (Hi 'I'ottc 
 
 \h 
 
 :l.is. 1(1 (;r.. •Jt;i. 
 
 iP Wigle V. Setteriiigton, li) (ir , 512. 
 
1 
 
 ^ ■''■ 
 
 ' (' 
 
 1 
 
 •i; 
 
 
 !i:^i 
 
 ■n 
 
 ■' ■ f 
 
 Bh-' 
 
 
 HH 
 
 288 
 
 ticp of uii- 
 n'^'istorctl 
 iiKirt- 
 
 UEOISTIOKING OK OMITTING TO REGISTKK. 
 
 '( HAP. I. 
 ^ 574. 
 
 Notice of 
 unrcf/is- 
 ttli'd iis- 
 siiznincnt 
 of Trow 11 
 luiuls. 
 
 Rult? nji- 
 jilics to 
 t'imit:il>lf 
 
 MK-um- 
 liriiiict's. 
 
 Notice of 
 )iiior 
 
 1110ltt.M^'t' 
 
 is not uo- 
 tii'i' of 
 fiirth.T 
 cliaii;fS. 
 
 rriiiiililc 
 on wliii'li 
 
 with no- 
 tice is 
 boiiml. 
 
 althouo;li the mortpiage ])e not registered, provided 
 he hits notice of it (1). 
 
 A subsequent mortgagee, with notice, cannot 
 avail himself of any misdescription in the first 
 mortgage which would be corrected in equity as 
 brtween the first mortgagee and mortgagor rl\. 
 Actual notice of an unn-gistored assignnitait of 
 uu[)atentrd lands lias the same effect upon the 
 party atl'ected with such notice, as if he had 
 received actual notice of an unregistered convey- 
 ance executed after patent issued (3). 
 
 As between equitable encumbrances the rule 
 equally obtains, that priority gained by registration 
 will be defeated by notice (4). 
 
 But notice of a first mortgage does not impose 
 npon the subsequent purchaser ov incumbrancer 
 the duty of making empiirics of the first nnn-tagee. 
 so as to affect sucli purcliaser, or encumbranci-r, 
 with n(^tice of any further charges that iniizht 
 have been made (5). 
 
 The ground upon which a purchastn- with notice 
 is held to be bound thereby is, th.it no person 
 having notice can, by contract, jtlace hims-lf in a 
 more favorable positiim than that occupied by the 
 jiarty with whom he contracts: and, consequently, 
 where the lattrr having created a charge alTicting 
 his lands, is not at liberty to enter ui'on any ntw 
 contract, in derogation of the interests which he 
 
 (1) K..(cli V. Hull, ] Donrr., 21 ; Kv,niH v. Elliot. A.l. ."i: El.. 
 i]\'2 , 'riuiiHl.v V. B.'lch, ;} 1:11st.. !")(): l\,]w v. l!ii.:u's, 9 B. \ C, 
 •2.M ; Hoc V. r.tickurll, H Car. \ 1'., oC.T, 1 Cal. K... -'03. 
 
 (2) II.. 
 
 (.<) c;oft V. I,istor, l:i (".r., IOC; 11 Gv., 4.M : see Rvkcrt v. 
 Miller. 11 <ir.. -jr). 
 
 (J) Bithiin.' V. Ciiulcutt, 1 (ir , H7 I'.r listen V. C. 
 
 (5) C'i-e<lliiiul V. Potter, li. K., is E«i., H,".0. 
 
tHAP. X. I 
 
 §74. J 
 
 AUSTAININt'r KUOM KNlJUIhY. 
 
 23t) 
 
 has previously created, the former is plact^i mnie-r 
 a simihir rtstruint (1). 
 
 Refraining from enquiry, where a prudent prrs->>n. Abstain- 
 under simiUir circumstances, would have mail. -^Qq^iirj., 
 eiujuiries, m,iy have the same effect as if nhe 
 enijuiry had, in fact, been made, and the nt<-'ri*jurv 
 information had been elicited (2). 
 
 Nevertheless it is true that circuni-^tanc^s, wbieh 
 mi<:'lit amount to a sufficient notice, to piil a 
 person u])()n enquiry, will not neces>arily pre-Tiil 
 over a registered title, although sutiieient in oiuirr 
 cases (3). Where a purchaser of a mortgage hmd 
 notice of the insolvency of the mortgagor, at the 
 time he executed the mortgage, and also of o^her 
 circumstances calculated to make himsas]:.. if 
 as to the bona fides of the mortgage, it wa^ i.-.i. 
 that he could not set up the defence of purc-Lsiae 
 for value without notice of the fraud (4). It w^is 
 the duty of the purchaser in that case, yTii'T to 
 completing the purchase of the mortgage, to Lave 
 satisfied himself by proper enquiries that line 
 mortgage had been executed in good faith, -iiii 
 was valid against the mortgagor's crediturs. His 
 not doing so placed him in the same position a* sf 
 he had actually made the enquiries and Lad 
 learned the truth (5), 
 
 Gross negligence in reference to enquiriui: a-fi-e-r »^riws neg- 
 prior encuml)rances has been held in the Eijg!li~a'^'*^'^''" 
 Courts to be equivalent to fraud (('»). 
 
 il) Meuhiiiii V. Ki'iiiu', I John iS; Hcui., fjs.') ; ;^l L .1. Cjstj 
 12'.i; SiiKd.ii V. & r., 72!». 
 
 (2| I'iirktT V. Whytf, 1 M. & M , 17i); .Joiu> v Smith. 1 HhM-. 
 43 ; Oj,'ilvie v. .Ti'iiHre.soii, '2 (iitl , 378. 
 
 (^1 SoJoii V. St(!V(!i).s, 1 (ir., :}!() ; Fitimws t. MoDiiuald. 5 'iir.. 
 310. 
 
 (4) Totteii V. Doutrlixs, 10 (ir., 24:5. 
 
 (5) I'arkt r v. Wliytf, mtpni. 
 
 (•)i West V. Ucid, 2 Hiiri'. •24'.»; Stcfilman v. Poole, 6 Hm»t 
 195 ; Whitbroud v. Jorauii, 1 Y. ik C, (lix.) 303. 
 
Ml 
 
 ''^'i 
 
 240 
 
 KtTMct of 
 notice if 
 persoriiil 
 only. 
 
 GniTltlH! 
 
 for value, 
 without 
 notice, not 
 bomiil l)_v 
 liotic.' 
 Jjiven to 
 
 grantor. 
 
 UKCil.STKlU.SG in (IMHTINC. D') aKirtHTER. 
 
 I n.vp X- 
 
 TellliUt i'l 
 
 common 
 
 Thv cliVct of iii>ti('f u]»<m n Kul^wquent purchaser, 
 (ir (■ncuiiil>riU]ftr, i^, ]>erfe;iuui] in. it^ appiieation. 
 and is re'strii'tid to bucIi ]iiai(iLLLij.r. or eiu-imi- 
 brancer, and those who cUdin.. ob dutrivt- titiL', under 
 hini as voluntci rs ; hut « I'trfiODCi-'liiimiriL;', or (hriv- 
 in^' title, as a purciiaser j';ir VMJTti without notice, 
 I'luui sucli purcjjaser, or euj^nnJkaatit^r. will not ho 
 alh'cted hy tile notice accjuij-tffl IW hi.s predecessor. 
 
 A. demised to B. certam fc--aii4es. and after- 
 wards convoyed tlie reversion iliii C who ret^istered 
 his (h'ed prior to the rt;p-?Tii:iitiii)a of tlie h-ase. 
 At tile time of the ( Xe':frrtj5aj of the coiivey- 
 ance from A. to C. the lj;as.*r wa.'* aware- of 
 lease to B., and was thta'td'otrw hound hy such 
 notice. C suhsequeutly mooli^i^ed the prem- 
 ises to 1)., the latter iiuTiiL.!; i^ven value 
 without notice of the lease :: ii woj heUl, that i). 
 had priority over B., as ll.'r *jjtLty against C, 
 arising from C'.'s knowledge ii BJs claim, was 
 personal in its appjicati(>n. uiifl uliiicetbre could not 
 aii'ect 1)., wlio had given vaiut wttrhont notice (1). 
 
 If one affected with notien. tiiscLweys to another 
 who has no notice, the latter d* im mach protected 
 as if no notice had ever exisltifl ±i> It was in one 
 case, however, held that an ttyiiLuable mortgagee, 
 having notice of a pr''>r unj'e.^-K:tfced deed, ciuild 
 not, hy a transfer ta a jixn'chiiiHi: without notice, 
 place the latter in a h.,t,eir jfjiaiioti than that 
 occupied hy him ['^^. Vai tlii* iBecision has not 
 been viewed with favour and it i^f conceived tliat 
 the doctrine enuucifil ed l)y it i* ai)C *)und law. 
 
 A tenant in common with iDtace. caunot rely 
 
 (1) In ro Flood'.s est;tte, lii Ir Cii 1*. M'^ ■- ^ee Beattie V 
 Mutton 11 (ir., p. ()!i(l. 
 
 ('2) WlinrtonV Le^'iil MiixiniH, 41 
 
 (8) Ford V. White, 10 Beuv., liid ; «w .hiulwick v. Turner, L. 
 E., 1 Chy„ p. 31<J. 
 
CHAP. X.l 
 
 •17 1. J 
 
 \vm;\ xciTiiK Doi.s nut akkkct. 
 
 •341 
 
 upon 
 
 liis co-tenant's want of notice, on tlerivinfr 
 
 title from him hy ]>iirtition (1). 
 
 nith no- 
 tice. 
 
 Altliou,<:;li the etfect of notii'o is personal, as we"^''"'" 
 
 ais a tru^t. 
 
 hare setni, and dots not extend to -i trnnsferree for 
 value, without notice, yet should Liu? trausferror at 
 any time altrrwards re-accpiire tlu! land, he will 
 be bound by his former notice, the trust re-attach- 
 inu to liim ci). 
 
 So also a i)urcliasi r for value, with notict\ is Pnrpha.^er 
 
 with riii- 
 tii.'i- will 
 
 not i)tt"''cted thereby if he can trticc title throu.^h a 
 prcicediiijf purchaser, who had ,cj;ive!i value without 
 notice of the adverse ri;^ht. It lUity be stated as a, 
 fi^oneral pro[»usiti(ni that :i ]«ure!i!iser for value, 
 
 pr.) 
 tpcted if 
 any uiie 
 
 tiirriU;.'!! 
 
 \vh<ira he 
 
 without notice of a [U'ior unre;.fistered instrument, .l.-iiv..s 
 
 title ;.'ave 
 
 V.ll'li- 
 
 at the time (d" the ^^'''fl''''^* 
 
 Ildtiue. 
 
 mav execute a valid convrvance to another, not- 
 
 wunstandiuLT 
 
 that 
 
 ilie 
 
 atter 
 
 execution of such conveyance, has notu;e of the 
 jirior unregistered instrument, as he can rely 
 upDU, and be entitled to. the protection of the 
 position occupied by such [)urchi)ser (3K Although 
 the o]ieration of notice upon the party ati'ected 
 
 t) 
 
 lerewi 
 
 1 
 
 lersr.nal 
 
 ind 
 
 lOl'S 
 
 not extend be 
 
 vonc 
 
 i 
 
 him and his assignees, claiming as volunteers, on 
 tlh' other hand tiie proteclion att'oi'ded ity a!)sence 
 
 of notice enurt 
 
 no 
 
 t onlv to th 
 
 pnreliaser tor 
 
 me 
 
 without notice, but also lo al 
 
 aimniLT 
 
 tl 
 
 n'ouoh 
 
 lim : it beiii' imm; 
 
 WliefMei 
 
 f'l 
 
 ni'v 
 
 ]iav(> notice or uk 
 
 u 
 
 [)01 1 
 
 •nt 
 
 ral ground, that 
 
 to hold otherwise, a hott^i jh!r pnndiaser for value 
 would be unable to enjoy and rea]) thi' full In ueiits 
 acc.'inpanying liis (.)wn unexceptionable title i4). 
 Upon tuis ground it has 'heeii lieM, that where a fpou 
 
 wliat prin- 
 Hl IMntclil.'v V. 04.0M1C. :i:5 Conn. I!., -iiiC. 
 (2j Iv.'nniHly v Diilv, 1 S. ,v L., .-.Tl'. 
 
 C^l ItoKors V. Sl)..iti^, 10 (W-., •2i;i : Ijnwtlicr v. CiirU.m, 2 Atk., 
 lli'.t ; H<.attii- V. Mutton, U (ir., p. O'.ie, \wr Siiragge V. C. 
 (4 J Story Eq., s. 401). 
 
III 
 
 iJ4'2 
 
 cijili' tlip 
 rule is 
 foiiiidcil. 
 
 REOISTKKINfJ OK OMITTING TO KKGISTKK. 
 
 
 Hnlo in 
 Equity as 
 to hriil 
 ri^,'lits l)e- 
 iiiK iilTfct- 
 eii by sill I 
 sequent 
 disdloHi'il 
 tquitifS. 
 
 Actuiil 11(1 
 tii'ii liiiul- 
 in^' in 
 fquitv, 
 
 liy whom 
 givLU. 
 
 pui'cliasor for value under a registered deed. 
 without notice of an unregistered encuinl)rance or 
 equity, subsequently sells the land, but prior to 
 such sale, both he and his vendee acquire notice 
 of such encumbrance or equity, the vendee will 
 take the title freed therefrom ; for the sale relating 
 back to the registration of the deed to tlie vendor, 
 the vendee is entitled to be placed in the vendor's 
 position at the date of such registration, according 
 to the maxim " Aifii/nfitusi ntltur Jure ductuiis.'' 
 Except under circumstances where the trust would 
 re-attach a purchaser with notice may pro- 
 tect himself by buying up and taking a convey- 
 ance of the title of some other purchaser, who gave 
 value without notice (1). 
 
 It is a rule in Equity never to allow a legal 
 right to be displaced by an equity subsequently 
 disclosed. Nothing can Ije clearer than that a 
 purchaser for value, without notice of a prior 
 equitable right, and obtaining the legal estate at 
 the time of his i)urchase, is entitled to priority in 
 equity, as well as at law, in accordance with the 
 maxim " where the equities are equal, the law 
 will prevail "' (2). But where the purchaser has 
 notice, so far from having an equal equity he has 
 none at till against tlie true owner, where he 
 buys knowing, oi correctly believing, that his 
 vendor had no title (li). 
 
 "Actual" notice has always been treated as 
 binding in Equity (4). 
 
 Actual notice should be given by a party inter- 
 
 (1) Ijinnjiiis V. I'liitmr, 1 Johns. Ch., 213; Jackson v. Giveu, 
 S.ioliMs. 137; S,-]iii!'.r V. luilly, ;')(» N. Y. (."• Sick.), 01. C-*; 
 WchstiT V. Van Steeiihi'iry, Hi Bailicr, 211. 
 
 {•2j i'ih'her v. llawliiis. 7 L. ji., 7 Chv. A))]),, )>. 2:J9 ; I'eterkiu 
 V. McliiihiiK., 1.-) U. C. L. T. (N. S), <J8 4 A]>p. 15.. 25. 
 
 (Hj McLennan v. AIcl>oii(iltl, IH Gr.. iit p. .')(!■<. 
 
 (4) Davis V. Eiul of Strathiiiore, 10 Ves., -119. 
 
 1 
 
 I 'A 
 
 i 
 
 SI 
 
t^m^mmmf 
 
 m 
 
 CHAP. X. 
 
 574. 1 
 
 NUTICi;-- »Y WHOM AND WHKN (JIVKN. 
 
 24 » 
 
 f'sted in tlie property, and in the courne of treaty 
 for the purchase (1). 
 
 But wliere notice of a prior right or claim was 
 given to an intentliuf}; purchaser hy a son of an 
 eiicni.nl)rancer, and whik^ acting on behalf of the 
 latter, it was held, that the notice was properly 
 given, and that it hound the purchaser (2). 
 
 A purchaser is not necessarily hound to listen Viv^uero- 
 or give heed to vague rei)orts, or Hying rumours'"" '^^ 
 made or circulated hy mere strangers (H). Owing, 
 however to the ditliculty of laying down any par- 
 ticular standard hy which it may he ascertained 
 what do, and what do not, constitute loose and 
 indiscriminate rumours or reports, each case must 
 necessarily rest upon, and be decided by, the 
 peculiar circumstances connected therewith (4*. 
 
 It is generally sufficient that notice should he \v\wn 
 received by the party to ho affected thereby before ^''^'^'"" 
 lie has parted with his money, or has placf^l him- 
 self in such a position that he cannot resist pay- 
 nu'ut, or where third parties may have accpiircd 
 rights against him (")). A purchaser com[)leted 
 liis ])urchase, and paid over the purchase money, 
 without notice of an outstanding equit}', and the 
 conveyance was executed ; but after its execution- 
 and before its registi'y, a bill claiming the equity 
 was filed and certilicate of //.s' pciidcitK was regis- 
 tered ; it was held, that the purchaser did not 
 tlitrfhy lose his defence as a i»urcliaser for value 
 without notice, as registration before acquisition 
 
 111 Wililgoose V. Wayhind, 1 (luiiKls., 147, ]>vv l.oid St. 
 Looiiiirils. 
 
 r2) McNames v. Pliillii.s, <i Gi., 314. 
 
 i-'i .Jolluiul V. StaiiiliiidKi', •5 Vcs., ITS : Ktriis v. Scrone, 
 •-MVaits, 7.-.. 
 
 •i\ Kyro, V. ])ol[)liiii, '2 B. A B., Hill ; Ht-witt v. Ldosi'Dnirc, 
 'J H.iiv, 4411. 
 
 i'>\ r'tiikiii V MfFarlaiK' et aL, 4 Apji. H., 1'.') ; Colliiison v, 
 Li.>tL-r, -id Bfuv., 3.JG ; 7 1'. M. tV (i., (i;i4 ; Kvins v. Scioiiu sitpru. 
 
Ik] 
 
 244 
 
 UK(irsTKHIN<; OK OMITTINWi TO UI.OISTKH. 
 
 (HAP. X. 
 574. 
 
 Bcfoic 
 money 
 l)ai(l over 
 
 of Dotice W118 not ossentiul to entitle such defiMico 
 
 to 1)0 KOt U[) (1). 
 
 The locatee of lands exi'cuti'tl a hond to convey 
 the same, bnt aft' r the; issue of the ])atent to him, 
 he conveyed the lands to another pei'son, who in 
 in his turn, sold and e.xecuted a conveyance 
 thereof, to a ijurchaser for vjihu!. Jjffoiv^ either 
 the purchaser from the pateutecf or his vendee li;id 
 jv.iid his ])urchaso money, the plaintilY, wlio was 
 the holder of the hond, havin<f reij;istered it, tiled 
 and served u[»on the purchaser and his vendee a 
 hill of complaint, setting forth the houd and pray- 
 in,!,' for sjiecitic i)erformance. It was held that 
 neitlier the purchaser nor his vendee was iu a 
 position to plead as a purchaser for value without 
 notice, and that the plaintiff was entitled to specilic 
 performance with costs (2). 
 
 F(n-merly where the purchaser paid a part of 
 the purchase money in cash or ecjuivalent, and 
 fuUv paid, executed a mortga^'e to his vendor to secure the 
 residue of the purchase money, his priority mi'j^ht 
 have been defeated by ac(iuirin<; actual rioriceof an 
 adverse chiim suhsefpient to tlu' execution of the 
 niortpa,'j;e, but before he bar] paid the whob^ of the 
 moneys secured by the mort,i:;a,ij;e. In other words, it 
 was not sutlicii'nt to proti'ct such a i)urchaser that 
 the residue of the onrcbase money should have 
 been secured to have been paid, but the money 
 must have been actually paid over {:)). This doc- 
 trine proving most ine(iuitable and unjust in 
 depriving purclnisers of the fruits of their pur- 
 ID SmikU'i-sou V l^iinlftt. IG (h\. 119; k(v Ei^st'x v. BiV.i'-'li, 
 1 Y. & Coll. C. C, f.Vil : M''Xeill v. Ciihill, 2 r>ii., •>-2S ; El.Sf.y v. 
 Lntvfus, S Hare, l-'iO ; Iti.iilick v. Glonnoii, (> Ir. Jur,, 39. 
 (•2) Cii?ey V. .Tordiin. 5 Gr., 407. 
 
 (H) Hendorson v. (iraves, 2 E. & A., 9 ; Hudson v. Warivii, 1 
 Ha., o7 ; 2 W. & T. L. C, 19. 
 
 Before 
 
 niort;;ii^( 
 
 nionic.- 
 
'm 
 
 CliAJ*. X. 1 
 
 }74. 
 
 NOTK T. Al'QiriliKI) IIV AN ACJKNT. 
 
 245 
 
 clianeH aii'l lt?aving t)u>iu in many cases without 
 anv remedy it was eiuu-tt'd hy ;l",) Vic, c. 7, s. 11 
 (amended liy U) Vic, c 7 soiled. A., 11")), tliat 
 
 " it shall in no case ho necessary, in order to 
 maintain the defence of a purchase) for value with- 
 out notice, to [ir )ve payment of the mortf^a;^'e 
 money or [mrchasi' money or iiny part thereof" 
 (li. In a hite casi' in the Court of Appeal the 
 harsh policy of the fonueL- rule is fully commeiited 
 u[»(>n (2.) 
 
 Tile notice should be ac(iuired in the same Noti 
 trail -actiiin i:>i. (ieuerally sp(.'akin^^ if notice he 
 ac'juii'eil 111 a prior transaction it will liave no' 
 hiiid.iiL; ell'ct [-i^, unless under such circumstance, 
 that the Court is salisliod that it could not have 
 been forgotten (">) ; as if one transaction is closely 
 i\)llowed hy, and connected with, another (0). 
 
 ■iluiiilil 1)0 
 iciliiirt'd 
 
 11 SlllllO 
 
 trans. u;- 
 tion. 
 
 Notice to an agent is notice to the principal (7). N"ti<'o to 
 
 W 
 
 clamnii 
 
 >» 
 
 as heir-at-law to his father, mort- 
 
 l^'OIlt IS 
 
 iiotici' to 
 
 gagetl to a hank certain lands, which lie alleged i"'"'-'!''*^- 
 had descended to him as heir-at-law. As a matter 
 of fact, the father had executed a will, hy which 
 tlie mortgaged [)roperty, together with other por- 
 tions of his estate, were devised to his live sons, 
 including \V., to ho eipuiUy divided among them. 
 The bank official, through wliom the mortgage was 
 taken, was aware that the father had made a will, 
 but und'M'stood that the mortgaged estate had been 
 
 (1) See Rev. Stat. (Ont.), c. 'Jo, s. 9. 
 
 (2) I'ett'ikiu V. McFiirluiie, 1 \\y\). it., 25. 
 
 (3) Wairiek v. Warrick. .'J Atk , "i'.H ; Ogilvi v. Jeaffresou, 
 T) Jiir. N. S., 'JT'l; Twyiuo.ss v. Mooro, 11) h. Kij. It., •I'M. 
 
 (41 Hiue V. [)n,l(l, '2 Atk., "iT.J ; Worslev v. Earl of Scarborough, 
 3 Atk., 'I'.M ; Lowther v. Carlton, 2 Atk ^ l;)'J. 
 
 •")) Haryrcnives v. Itothweli, 1 Keen, 1/54. 
 
 (()) 2 W.* T. L. C, 5t) ; Iticliards v, Breroton, 5 Ir. Jur., 336. 
 
 (7j Jeiinir.fjs v. Moore, 2 Verii., Gd'J; Le Neve v. Le Neve, 
 3 .\tk., 051; Tunstall v. Trappes, 3 Him., 28() ; UicharJson v. 
 Hnreton mprn ; Lenohau v, McUabe, 2 Ir. Eij., 312; SneiJon v. 
 Cox, 2 Ed., 2^8. 
 

 m 
 
 240 RKfMSTKIilN'd on ()MITTIN(J TO UKdISTKll. T'"*!' X. 
 
 I III, 
 
 devised to W. tilono. It wiis held, that tlicro had 
 brt'ii Hiil'ticieiit notice to put the ollioer upon 
 enquiry uh to the estate devised to W., and that 
 the cliiiin of the bank was conlined to the interest 
 of W. only; the hank beinf,' bound by th(3 notice to 
 tiieir ollicer (1). 
 N()tic(» to Notice to one of several grantees is notice to all 
 
 (IlKi (if SCV- .... 
 
 ciiii Kiiiiit- (2). The same rule a]»plies in the case of notice to 
 
 f*'" y one of several trustees [:i), hut not to a im re 
 
 is iKiiici- trustee! (I). 
 to all. 
 Niiticc ti 
 tl 
 
 If 
 
 tor IS 110- 
 ticf to tlio 
 
 .Vctual notice to the solicitor is imputed notice 
 Soiici- to his client!')), hein^' based npon the presuinp- 
 tion that the solicitor communicates to tlu^ client 
 Cliiiit. such information as ho himself possesses ((}). 
 Do.'s not Till' doctrine of imputed notice does not a[)ply, 
 vhJe So- ^^*^'^^'^'^"'-'''"' where the solicitor is guilty of the coui- 
 Ik'itor mission of fraud ^\hich he conceals from his client: 
 .Kuilty of .• n 4. 1 -11 • t 1 • 
 
 frniul. ns tile presumption that lie will communicate his 
 
 own fraud does not arise in such a case (7). J5., 
 as solicitor for K., invested t'M.OOl) for Ikt u[)ii!i 
 mortgage of leaseholds, and then, by a fr,ui>l, 
 induced her to assign her interest to him. After 
 purchasing the ecpiity of redemption, ha purported 
 to convey the leaseholds to one Kirby, his father- 
 in-law, for whom ho also acteil as solicitor. It 
 was held by Brougham L.-C. that li., though 
 acting as K's solicitor, could not be presumed to 
 
 (1) Mcintosh V. The Ontario Bank, 10 Gr,, 155. 
 
 (•>) lUiules V. Blades, 1 I<:.i, Ca. Ali., SoS ; Davis v. Earl of 
 Stratlinioro, lOVo.s., 11!). 
 
 (:}) h:.r jmrti- UoKors, 8 De (}., M. & G., 271 ; Willis v. Green- 
 hill. '29 lieMV., 387. 
 
 (1) In ro Lnne, 5 Tr. Jar. (N. S.) iVi ; In re Biirmester, !) Ir, 
 Ch.,41. 
 
 (5) Fuller V. Bennett, 2 Hare. ,H04 ; Tueker v. Henzill, 4 Ir. 
 Ch., /ili} ; J« re Borke, lU Ir. C'h..'273; Tunstall v Trapjies mipni. 
 
 (ti) Bnidiev V. liicheH, L. B., 1) Chy. Div., Is'.l; Espin v. I'liu- 
 herton, 2 De.' G. & J., 547 ; BoUand v. Hart, L. B., GCliy., 1)7.'^. 
 
 (7) Hiotns V. Holton, 16 Beav, 251); re European Bank, L, K., 
 5 Chy. , 858-302 ; Waldy v. Gray, L. B., 20 Eq., 230. 
 
 ^i| 
 
(■1I\P. X 
 
 S7lV J 
 
 NUIK'K T(t TIIK S(II,I< lldli. 
 
 247 
 
 Mnt it 
 
 ts of 
 
 Imvo coinniuniPiitod his own fniiid to his L'liciit, so 
 iiH to (itt'cct the hitter with notice ^l). 
 
 IJiit if tho t'niud is not intK'[)OM(lont of sonu 
 fact, consistin;^' nicnly in tlic concciilnicnt, the if frmii 
 gi-ncral (h)t'ti'in(' of notico to thc^ soHciior hcinj,' |||'"|."]I''^|^""||^ 
 notice) to the cHcnt obtains, anil in siiu-h a case, «•>' ilm' "t. 
 notice is imputed to tlio client, it heinj,' the duty of 
 the HoHcitoi' to have communicated all that it was 
 his duty to communicate. For exani[)le, I', ^'ave 
 a lirst mort^'a;^'e to Mrs, W. (who took the le^'al 
 estate) and then m()rt;j;a^'ed the equity of tho 
 redem|)tio:i to L., a solicitor, who sul)-mortL;af,'e(l 
 his iuter'St to certain [jarties. Sul)s.(iuently P., 
 ^[rs. \V. and L.. 8U[)pressiuj^' Fj.'s siih-mort,i,'a^'es, 
 cnuveyed their ri'speclive interests t>) one W'allis, 
 L. actini^ as solicitor for all i)arties. W'allis was 
 held to he aifected with notice of the suh-inortj^'af,'es 
 CD. Collusion between one party and the solicitor 
 of tile other jtarty, for the pui'[)ose of committin.u' a 
 fraud up!»n the latter, will not affect the latter with 
 notice thereof (3). 
 
 WhiTO 
 
 hcilli pur- 
 
 It has bi.'eu laid down tliat where botli parties 
 employ the one solicitor, each party is aifected tics'cm' 
 with notice of whatever such solicitor has notice •''"■^ "'" 
 
 SlUIl • so- 
 
 of, in his capacity as solicitor, in the transaction li(;itor. 
 in which he is employed (4). 8o, if the mort<,M;^or 
 and mortgagee engage the same solicitor, the 
 mortgagee will be chargeable with notice to him 
 through such solicitor, even though tlie title bo 
 made under tho direction of the court and the 
 
 (1| K.'iin.'.lv V. (liven, 8 M. & K., (><)',) 
 
 (•i| Att.rlmry V. WiiUis, S l)i-(l., M, & J., i'A: see Hoiiisol v. 
 SaviiK*', L. li., 2 E(i., i;M ; liollaiid v. Hart, Cliy,, App., (i7S ; 
 BnulUy V. Uiciii.'s, mipra. 
 
 (li) Shiiip(! V. Foy, L. 11., 4 (.'hv.,'i5- 
 
 (t) Harrison V. Wiltsliirc, 1 L.J. Cliy., 2(10 ; Fuller v. Heii- 
 
 mt, 2 Hiuv, S'.d ; DrilLl v. Good 
 
 win. 
 
 ;{ , dr., l;U; Tavk 
 
 lilacklow, G \j. J. C, p. 11 ; aw rt'umrks of IJuriis J., Heiuler.soii 
 V. Graves, 2 E.& A., p. 18. 
 
w 
 
 }\^. 
 
 248 
 
 lll'.dlS'l'I'.IIINli oil OMII'TINO TO ItKOISTI'.K. 
 
 f'I'AI'. X. 
 .■VI. 
 
 Holicilor. 
 
 purcliiiHc !)(,' iiiiuK' l»y tvuHtft'H on behalf of hu 
 infant (1 ). 
 NfoitKiiK'or II has even hcin hcM, that if ihn mortt^iKior a't 
 
 HctillL' IIH .1 , . 1 • • . 1 • 1,1,. 
 
 ni..rt- as tlic ni.irt;..;a^'('i.' s suhcitor, iiotico to the tnnn t 
 will al'fcct tlif latter, if acqiiiriMl in rex ijtKfir r2i. 
 
 These eases !i|)i>eiir to extend the doctrine of 
 iinimti'd noti(X' to an nnreiisonahle limit, it is 
 not essential that a niort,";a;^'ee or purciiiisor should 
 retain a solicitor i.[ioii his helialf; that is a mere 
 iiiattef (jf discreti(ni. Where, tlierefore, the veielor 
 or inort«»agor h:i]>|Miis to he a solicitor, the non-eii- 
 jilovnient hy the purcliaser or iii()rt;^a^;(.'(' of a Ihii'il 
 jiarty tis his solicitor should not he taken as war- 
 ranting the presumption that the vendor or 
 )n{)rtgne()i' K -ts in that capacity. Some satisfa.ctory 
 })roof should he adducinl to sliow that he was 
 expressl\- re([uested to act as solicitor for tho 
 pundiasi r ov mortga.gee (!)). 
 
 li a ,-ii'iici:oi' huys ]iroi)erty from his clieid,, and, 
 \l| in :i re-,s:de of it, acts as solicitor for the 
 jiui-'diaser, the latter has notice of tiie defect,-;, if 
 any, in the title (1). Where A., a solicitor, ainl 
 the owner of certain lands, executed a mortgage 
 to IJ., which, hy arrangement, was not registered ; 
 and afterwards A, demised to C. the latter not 
 having any personal knowledge of the mortgage, it 
 was held, that as A, was C.'s solicitor, tlej latter 
 had notice of the mortgage, antl his lease was 
 declared postponed thereto {.')). When an attorney 
 
 (1) Ti)uliiiiii V. Stcoro, 8 ^I-r., ))lit. 
 
 ('2) Di-vdfii V. Fi-dst, :{ M. (fe C, i'u'ii ; Hewitt v. Looscnioro, 'J 
 Htire, m ; '21 L. J. (Cliy.) (i'.l. 
 
 (;}) EsixMi V. rcnilicitDii, 1 Drew, ;!;};5 ; 3 l)e (>. &J.,r,\7; aco. 
 Rykcrt v. Miller, 11 trr., 25 ; .seo HeudtTsou v. Graves, "2 E. tV .\., 
 p." 18. 
 
 (4) Spencer v. Topham, 2 Jur. fX. S.), liOo. 
 
 (5J 111 re Uurke's estate in Appeiil, 11 Ir. C. L. 11., 412; sec 
 Marjoribiinks v. Hoveudeu, (J Ir. Eq., 212 ; Hewitt v. Loosiemore, 
 supra. 
 
 Where 
 vendor 
 actn us 
 .solicitoi-. 
 
tUAI'. X."| 
 
 m. J 
 
 KVIUEN'CK OK NUTUK. 
 
 219 
 
 rot' 
 
 tlie 
 •;, ii" 
 
 vA; 
 not 
 it 
 atto;i* 
 was 
 
 nioi(\ '•) 
 
 1 12 ; HOC 
 
 Bolls Ilia own land to a layman, he is not neccs- 
 sarily considerod to bo tlio layman's attonioy, so 
 as to imputo to the latter notice aciiuifcd l)y such 
 attorney (1). 
 
 The notice to the solicitor, which will he imputed Solicit, us 
 
 . , . , liotici' to 
 
 to the client, must be notice ac(pured in the i,,. aciMir- 
 narticular transaction in whicii the solicitor is ''1 """|"'" 
 cni^ased. The " same transaction " wIk'H the same tiou. 
 solicitor is en;:;aj^ed will include any continuous 
 dealing with tiie siimc title ['D. 
 
 The doctrine of imputing to the client, notice A^fninf 
 ac(iuired by the solicitor, is conlined to cjises ''*'"' '"" 
 where the latter acts as tiie adviser; notice 
 ac([uired by the agents of the solicitor not affectiuf? 
 the client (3). . 
 
 The (iitiis of proof rests upon the client to rebut n/n/s of 
 
 ii !• 11 i. ii !• -t 11 rubuttiil. 
 
 the presunii)tion tliat the solicitor would commun- 
 icate to him the fact, notice of which by the , 
 solicitor would otherwise be imputed to the 
 client (1). 
 
 Sus[)icion of notice, though strong, is not per sf Evi.lonco 
 sul'ticient to justify the postponement of a ri'gis- ^'/^ |'"''',',','',,. 
 tered title (o). As susjiiciou of notice docs not "H'^'-ili't'ct. 
 amount to notice ((>) ; evidence of siieh notice must 
 
 (1) Itvkcit V. Miller, supra. 
 
 Vl) Fuller V. IWiui.tt, 2 lliire, .'Ui I ; 2 W. ."i T.. L. C. r,(\; Lcn- 
 (lianv. McCabo, 2 Ir. K.,;M2; I'crkiiisv. Hnidhy, 1 Hiirf, 21i» ; 
 Harf,'n'iiv<.'s V. RutliwcU, I Keen, lil ; Brotlicrtdu v. liatt, 2 Vcni., 
 .•(71; Willie V. (iiliKoii, H. & L. C, (i.lt; Iliiie v. Jtod.l, 2 Atk., 
 2ir> ; Kicharils v. l)reret()ii, ij Ir. Jiir., ijHO. 
 
 (:)) \Vyllie V. roUeii, H IH^ (J. J. A- S., SSHi ; ;i2 L. J. (Cliv), 
 782|)er Jessel M. K ; Fnxoii v. (Inscdieuc. !,,]{ (>. Chy., j). (ioHixite. 
 
 (1) Th<mi]ison v. Cartwright, ii:) lieav., ITi'^-lN") ; but ^eu S. C, 
 2 ])e G. J. & S., 10 ; {heeiisliiel.ls v, ]!ariiliart. ;i (ir., 1, 
 
 (")) Hiue V. lloiltl siijiia ; Jolbuul v. StiiiubiiclKe, 1 Sim. (\. S.), 
 inC; 3 Ves.,178 ; in re Burnie.ster, !l Ir. Cli., 410; Ford v. White, 
 l(i Beav., 20; in re Morrison, 1 Ir. .Jiir., (N. S.), 282. 
 
 ((')) Marjoribanks V. Hoveiiden, 1 Dr. cV AV. , II; (i. Jr. Eq. R., 
 2!18; Nixon v. Hamilton, 2 Dr. k Wal., iU'.l ; 1 Ir. Ivi, 11., -10; 
 liolland V. Hare, Ij. K., 5 Cliy. , (!7H; lienelian v. ;\IeC'abe siipni ; 
 Wormald v. Maitlaiul, 35 L. J. (Cliy.), (J'J ; Clarke v. Armbtronf?, 
 10 Ir, Cb. R., 2C3. 
 
 17 
 
250 
 
 REGISTERINT, OR OMITTINd TO RK(;iSTKH. 
 
 CHAP. X. 
 
 be quite clear and direct. In one of the earlier 
 cases upon the Re]r;istry Laws of this Province it 
 was lield, that in order to effect a postponement of 
 a registen^d titU^ upon the ground of notice of a 
 previous unro,<j;istered deed, the evidence must ho 
 tpute satisfactv)ry and distinct (1). In V'yatt v. 
 liarwtdl ("2) Sir William Orant said, "it is only l»y 
 actual notice, clearly proved, that a registered con- 
 veyance can he posti)oned." 
 So dear aa A registired titlo can only ho affected by clear 
 fraiuir"'^" and distinct r.otice amoiniting to fraud (3) ; and the 
 evidence thereof should be so positive, that the 
 mere fact of inattention thereto would a^ipear, to 
 a person of ordinary judgment and sagacity as 
 eipiivaknt to a fraud (4). 
 
 A purchaser bavin,!?; acquiv^d title under a reg- 
 istered deed, which was expressed to he subject t) 
 ■"existing leases" and lettings made to under- 
 tenants of the vendor, it was held, that an unsigned 
 parol contract, coupled with part performance, was 
 not "an existing lease" within the meaning of 
 the deed ; and, that as he had not express notice 
 •of such alleged parol contract tlie purchaser was 
 not bound thereby, there not being that clear and 
 undoubted notice necessary to affect a party claim- 
 ing under a registered deed (5). In this case, as 
 it afterwards appeared that there was written evi- 
 dence of such a contract for a lease, the judgment 
 of the "Master of the llolls was reversed ; and it was 
 held, that Uic purchaser was bound to execute a 
 lease according to the terms of such agreeuK-nt, 
 
 (ll Hollvwooil V. y^'att'is, () Gr. 321). 
 
 (:.'( Vfs.; 4;s'J. 
 
 (3) Re Chmlwick v. TunuT, L. R., 1 Ch , 310. 
 (4 1 In re Biiriuester «i(/ni ; Hiuo v. DoJJ supra; Jjllaud v. 
 Stainbriilge. 
 
 (o) Kicev. OCoimor, 11 Ch. R., olO. 
 
CHAP X.l 
 
 S7J. 1 
 
 NOTICE — HOW b:staulishp:d. 
 
 251 
 
 although he had no express notice of the terms 
 (1). 
 
 ^Vhcn it is desirable to set aside the prior regis- "^Vhaf 
 tration ot a snbHequent instrument, for other than t.stabiish- 
 actual knowledge of the prior instrument, it should '-■'^• 
 be satisfactciiily establislied, that the party regis- 
 tering such subsequent instrumant must have 
 known exactly the situation of the [.Oisous having 
 the prior deed, and claiming thereunder ; and, 
 possessing that knowledge, registered such subse- 
 (pient instrument, for the purpose of defrauding 
 them ()' that title which he knew at the time was 
 Hi tutiu ;2|. 
 
 As actual notice is not confined to Jiotification, N'^'tice 
 evidence oi such notice may be (lerivetl trom i„f;.rri.>i 
 .admissions (3) of the purchaser, or from a recital''^ ■"'■ 
 
 11 luissiuu, 
 
 m the deed, or tlirough aoy otlier usual clianneKs;,-. 
 of evidence tending to shew knowledge (4i. Withxhrwu-b 
 regard to notice obtained through recitals t',)n- '"-'•"''•i^- 
 tained in a deed it has been held, that wliere an 
 agreement in relation to tlio valualiou of certain 
 lands was unregistered, but an instrument refer- 
 ring to, and cout, iuing a recital of, such agreement 
 was rogist'.red, the recitals could not affect the 
 plaintiff's tit'e, as the agreement itself was not 
 registered (O;. Ou the other hand it has been 
 decided, *hat where a second mortgage is executed, 
 which recites the iirst mortgage and is made 
 expressly subject to it, the registration of such 
 
 (l| S. C. in appoal, 12 Ir. Cli. L. K , I'Jl. 
 
 {'2) .lnUiiDil V. Stiuiil)ii lt,'(', '^ V.'s. Sr., p. -18.}. 
 
 (.i) Wi^le V. Sfttciiii},'toii, lU Ur., ol-J. 
 
 (l) ^V. \- T. J. ('., 11. :-!'.•; set' IJaiuliart v. Pattfrsmi, 1 Gr., 
 l.V.» ; l^iUliilpli V. St. John, '2 .Sell. & L.TjI; Stu.irt v. l-'orgii- 
 >uii. Hayes, 1.V2. 
 
 (.>l Rntlod^'o V. Mi-'Laan, I'i U, C. 11., '2)5 ; DelesJurniers v. 
 KingsU'V, 3 L. C. 11., 81 ; iseo Hoii«ycoiub v. Wiililron, 2 St., lodl ; 
 William's V. SoriY'll, 4 Ves., 3Sl>;'Uje et al. v. McN.'iU et a!., 
 1 r. C. L. J. (N. 8.), HI. 
 
1 
 
 252 
 
 KEGISTEBING OK OMITTING TO KEGISTER. 
 
 "CHAP. X.. 
 
 second mortgage, before the first mortgage is reg- 
 istered, will not confer priority upon such second 
 mortgage (1). 
 
 The onus of proving actual notice to a person, 
 
 devolves upon the party alleging such notice. 
 
 Simple A simple denial of notice is not sufficient in pload- 
 
 noticf n.itiiig- -^ purchaser for value without notice, who is 
 
 sutiicieut charged in a hill, setting up a prior legal or 
 
 in plead- '^ , , , . . 
 
 hig. equitable right to the land in question, with notice 
 
 of such prior right, cannot plead as his sole 
 defence in his answer, that at the time of his 
 purchase he had no notice of the i)laiutirt"s claim, 
 and that t le consideration wl"'i;h he paid was 
 actual and h(»i<i fide, lie must go fuithtr and 
 negative the acquisition of notice before paying 
 his purchase money, or receiving the convivance 
 (2^. ruder most of the Hegistry Acts in the 
 United States it has been held that notice of a 
 prior unregistered instrument preserves its priority 
 (3). 
 
 The subiect of notice is further alluded to in the 
 
 notes on sections 78 and 80 po>it. 
 
 Instni- Assuming that the prior registered deed Las 
 
 clailuiii" ^'fen founded upon valuable consideration, and 
 
 prioiity taken without actual notice, it is nevertheless 
 
 Ik' ex.'cut- essential, in order to retain the priority gained by 
 
 ^^^\y , such registration, that such deed should have 
 
 iv.- titio. been executed by the person holding the title at 
 
 the time of execution; as the registration of a deed. 
 
 executed by a person having no title, or, what is 
 
 (1) Waters v. Shade. '2 Gr., 407 /)cr Esten V. C. ; see Hiintt-r 
 V Kennedy, 1 Ch. Hep., llH, 'I'lh , McAlpine v. Swift, 1 Ball AB . 
 
 ['!] Prince v Brady. IG Gr., 37.") ; see Barker v. Eecles 17 or . 
 277 ; Kitchen v. Kiteiien, 10 (Jr., 'l-Vl. 
 
 (B) J'"arns\vorth v. riuids, 4 Mass., G.'}7 ; Hi w.s v Wi<Wf-ll. 
 8 Greenleaf (Me), ill ; Koyers v. .lunes, H N. H.. '2t.4 ; Fi)rre«t v. 
 Warrington, "2 De Sauss., "254; Boads v. Symmes, 1 Ohio, 2*-l. 
 Ac, Ac. 
 
•CHAP. X.l 
 
 574. I 
 
 »EGISTaATION' OF VOID TITI-E. 
 
 253 
 
 equivalent thereto, a fraudulent title. <i>r; not 
 
 f^ive priority to that deed over a deed froia a p«^r- 
 
 son having a good title, but subsequently rrrlji-rcetl 
 
 (1). Registration of a void title will n : : ^-^.fer 
 
 any ])riority upon it, either against the .>:-.: or 
 
 against any one else (2). 
 
 There is a distinction to be drawn. Lo-»rTer, ^^ereex- 
 
 where a deed is executed by a stranger to Ihr uule. ^ stranger 
 
 and where a second deed is executed bv a irrantor'^'' '^® 
 
 ■ title. 
 
 after the title has passed out of him by Tirtnr 'A a 
 prior deed. In the former case the grant.^ ^U 
 derive no title as against the holder of tL-e- title 
 and his grantees. In the latter, although tLr j<^n- where by 
 oral rule is that where the owner of the land coa-lftera 
 vevs the same to a ourchaser for value, br tra^-^s ^^^'"^ P"^^* 
 
 "■ . . eil out of 
 
 to retain any interest or estate therein c-apai't<e of him. 
 disposition or transmission bv him to anv ->!!b<er 
 party, and any attempt, therefore, upon Li? pArt 
 to afterwards sell or charge such land?, ^n.Vi b.e 
 nugatory and void at common law, the Il.r:ru?sry 
 Act nevertheless enables him to execute a frejnd 
 conveyance to another purchaser for raiut', «ho. 
 upon registering the same, without notice of the 
 first conveyance, will obtain prority over tb*- first 
 conveyance ; the latter being, by force of the stat- 
 ute, fraudulent and void as against the grast^*- of 
 the second conveyance and those claiming maJer 
 him i8). 
 
 Where an heir-at-law, without being suc^iz-r :.tB7h^ir- 
 a previous transfer by his ancestor, conveys m _" •! v'.tbiat 
 fiiitii to a purchaser for valuable considrrA5:oa^""'-^ '^' 
 
 7 transfer 
 
 Without notice, and the purchaser reg:'.sters hia by anceg- 
 deed before the ancestor's deed is reffisterci. zh.t 
 
 tor. 
 
 (1) Doe d. SpafTcnl v. IlrPiikonridRe, 1 U. C. P.. 492. 
 
 C-'l Stiuut V. Ihun.srii, •) L. K. C, ;}(»;», 
 
 (iJj lini^eru V. Kuox, S U. C, P., o2U, per Draper C. J. 
 

 •254 
 
 HKOISTERING OR OMITTING T5' EHCilSTER. 
 
 '"CHAP. X 
 
 ^ ill 
 
 purcliaser will ntaiu j^rioritr uf iLLrainsi; the ven- 
 <l('t' of the ancestor, nltbonrrij no, riiitate descfiidfil 
 to the heir by reason of the {uiL';vt* ranee from tlie 
 ancestor. But this is \<\ Icmn- of the statute 
 alone (1). A purchaser for thZih.. without notice, 
 from the heir-at-law, or fr(>m a .fe^ste, who re"- 
 isters his conve3\'ince, wiJ] rrtiin rriority a!:fairst 
 any unregistered eonveyauoe ir.ni tlie ancestor or 
 testator Ci). In a case decided ii tlie New Bruns- 
 wick Courts a deed from an anurairtrafor under a 
 license to sell for payment of dftin.^ was held to be 
 f,'(H)d against a />r>/m,/7(7r purciatftiir for value from 
 the heir, although the deed ctf aiif latter was first 
 ri'gistered, and the ap])licati(iB iJ:c-ciie license was 
 not nnide until nine yeai'S iiit^r the ancestor's 
 death (8). 
 By as- As an assignee in insolvenrrcuJj takes the title 
 
 hisoiviiu'v of the insolvent, and acquire* hj further or better 
 after con- title Under the deed of asfiin-nent than is in 
 byiusolv the insolvent at the date of enta-'ieed, he cannot 
 *'^** obtain priority by means of ])rj;ir I'Ttgistration over 
 
 a honafule vendee of the inBohPfnc. under a deed 
 executed by the insolvent anttetwcent to the execu- 
 tion of such deed of assirmmfim. but not regis- 
 tered until after the registry- i.i>^te<)f: as nothing 
 passes in such a case under «ii:ii deed of assign- 
 ment (4). 
 
 Registration of a convevonw ^:e'* not affect any 
 lands comprised therein to "v^Lji-l cuc grantor has 
 no title (5). 
 Titippnss- ^^ '^ grantor, having no titlf.. irarports to convey 
 iiiK hy to a purchaser for value, wni. ;l warrant}-, and,. 
 
 tfStoppt'l. 
 
 ;i) Waters v. Shnde, 2 (ir., 4r.8 
 
 (2) BytliewoodConv.. (>iti'. Blodef T.lhuies. I E.i, Ca.iS: .\b.,358 . 
 
 (;S) Doe (1. Bowen v. EoLertsoi). L Aiwa. U-k 
 
 (4J Collver V. Shaw, 1<» Gr., niiD. 
 
 (5) Wiittrs V. Shade, 2 Gr., 4i)7. 
 
 Lands to 
 \ih it'll 
 prnntor 
 has DO 
 title. 
 
Prii'rity 
 (•iiiiilitioa- 
 
 '".V''. ■''•1 TITLE MUST PASS WUV.S INSTRUMENT EXKCITF.K. 
 
 subsequently thereto, slioultl ae(iuire the title, that 
 title passes eo insiaiitc from him to the purchaser 
 and his assigns l)y way of estoppel. I'lidfr such 
 circumstances, nothing could pass from such 
 grantor to a suhsetjuent purchaser, although con- 
 trary to the intent of the licgistry Act, and tlie 
 ucll cstahlisiied maxim "' jicmo jtha Jnr'oi (id itHnin 
 tnin.'ifi ire potest (iidon ipse hahct '' (1). 
 
 Priority of registration is also conditional upon 
 the registered instrument passing the estate jiur- iii that 
 ]>ortiiig to be conveyed thereby at the time of its |!,|^J^^^^^ .^^ 
 execution. A subsecpient ]i)assing of the title will ^imi-' "f 
 not relate back to the dati; of the registration so 
 as to give such instrument priority over an instru- 
 ment registered subse(|uent to the registration of 
 the former, but anterior to the passing of the title 
 thereunder. A registered mortgage, which, at the 
 date of its execution was inetifectual to pass the 
 wife's estate by reason of her not having been 
 examined apart from her husb'ind, was subse- 
 quent to its registration, re-executed by the 1ms- 
 band and wife, and the statutory examination had, 
 and certificate thereof endorsed upon the mort- 
 gage, but no re-registration took place ; it was 
 held, that the registration was sufficient, under the 
 statute, but that the examination of the wife, ui)on 
 the re-execution of the mortgage, would not have 
 relation back to the first execution of the mort- 
 gage. An instrunu nt affecting that land had, sub- 
 sequent to the registration of the mortgage l)een 
 executed by the husband and wife, and duly regis- 
 
 (1) Com. Pi;,'. Estoppel, E 10; Lvster V. Biirroii^'lis, P. &AV., 
 11'.); Eyve v. Doljihiii, '-' D. cS: H.. U'.MI; Gnl.liiiis vs. (iubliiiis, 1>. 
 A: W, ino. in notes; Due d. Ik-nnossv v. M vers, 2 I) S, 124; 
 Doe (1. Irvin v. Webster, '2 U. C. K.,''J'J1; Doe d. Tiffauv.v. 
 McEwiin, 5 0. S., 598. 
 
25G 
 
 REGISTKRIXG OK OMITTING TO REGISTER. 
 
 'CHAP. X. 
 
 L J7J. 
 
 tered ; it was held that such instrument olHainel 
 
 priority over tlio mortgaj:;e (1). 
 Priority of As a ueed so defectively executed as not to pass 
 tioii of lie- the title, is, however, evidence of a contract to con- 
 fcctivo ypy jj_ jj, conceived that the registration of such 
 aiuv. " deed is e(|uivalent to a registration of such contract 
 
 and will retain priority as such (2). 
 Of artiolcs I'egistration of articles of aj^reement to convey 
 
 of agree- i i -n • ,i • •, , . 
 
 jjient. lands will give them priority over a subsecpient 
 
 conveyance of such lands (3). 
 Of voiun- Registration of a deed voluntarv in its creation, 
 viiiidiuecl hut afterwards rendered valid from consideration 
 ar(|uiiv'(i suhsequently arising (4), confers iqion such dted, 
 coiisidcni- the same priority as if it had huen founded upon 
 
 tioll. Ill • ^ " I- !••• ■ r 
 
 valuable consideration <ib initui, in favour of a 
 party claiming thereunder as a purchaser or mort- 
 gagee for value (;V), but not as against the parties 
 to such deed, and those claiming under them, as 
 volunteers; for as to them priority of registrati"ii 
 only takes effect from the time the after considera- 
 tion arises (G). An instrument executed in good 
 faith, though without valuable consideration, will 
 he valid and retain priority against a subsequent 
 inirchaser from the grantor, provided such volun- 
 tary convey.mce be duly registered before the exe- 
 cution of the deed to, and before the creation of a 
 binding contract for the conveyance, to such subse- 
 sequeiit purcliaser (7). 
 
 Under some circumstances registration has 
 peculiar effect. 
 
 (1) Beattie v. Mutton, 11 Gr., f586. 
 
 (■J) Diivis V. E;irl of Struthmore, 10 Vos., 41^ ; see Bishop on 
 Contracts, s. 585. 
 
 (8| Thoiiip.son V. Simpson, 1 D. & W,, iiid: see liocharJ vs. 
 Fulton, 7 Jr. E>i., 1:51. 
 
 (4 1 See p. '221 iiiiti\ 
 
 (5) In re. Flood s Estate, 13 Ir. Ca. R., 312. 
 
 (()) See p. 222 aiitf. 
 
 (7) See Stat. 31, Vic, c, 9; Richardson v, Armitage, 18Gr. ,512- 
 
 ri'culiiir 
 elTects ..f 
 r( gist ra- 
 tion. 
 
•rHAP. X 
 
 S"l. 
 
 ] 
 
 PECUMAU KKFECTS OF KF;0ISTRATI0N. 
 
 257 
 
 Pictlistration of iin instrument is eviilenco of, Amounts 
 
 .to (IfllV- 
 
 antl tantamount to, a complete execution thereof try. 
 by delivery (1) ; although sucli reiMstration is not 
 an act of part [)orforniance of a parol contract, 
 such as will entitle a party to relief in E(iuit3'. 
 Where tlie vendor alone executed a conveyanco 
 and registered it ; it was held that such registra- 
 tion wiis not such an act of part performance as 
 woulil place him in a position to ask the Court to 
 compel the defendant to carry out the sale {'!). 
 Under the New Brunswick Act it has been held 
 that as between the grantor and the grantee, the 
 registry of a deed transfers the title and possession 
 l)v relation from the deliverv of the deed, but it will 
 not atfect the intermediate rights of third parties 
 not privy to the dted (:•}), It has also been held 
 under that Act, that a deed registered thereunder 
 does not of itself amount to such a possession as 
 will enable the grantee to maintain trespass against 
 a person, in actual adverse possession of the land, 
 who took possession tliereof subsecjuent to the 
 registration of such deed, and the plaintilf's entry 
 thereunder (4). 
 
 The registration in a County Registry Otlice has ruder 
 been hehl sufticient to nuike a deed valid undt-r u'l't!!""^ 
 the Statutes of Mortmain without req^uiriug enrol- 
 ment in Chancery (5). 
 
 Registration of an instrument as a deed is con- 
 
 il) Male V. Diuinctt, 11 Gr., s.', ; fhiUleivs v. Cliihlers. a K. & 
 J . ;nO, .'iir. ; l De(j. c'v; J., ts;, 4|t.-, , Jiisho|i on Coiitiiicts, s 7(13 ; 
 <r;iiiuii(jii V, Jiicki'V, 'J Miji. Ct. iNuvii !5f«»tiaj, lie])., oil ; I'lirkiT 
 %. Hill, 1 Met., 417 ; Trust tV Luau Co. v. Covert tf ai, .'J'J, U. 
 t. H., \i.-2 ; 1. App. li., 2(i ; 1. Sup. Ct., 1{., i,iik. 
 
 (2) Hiiwkiiis V. Holmes, 1 P. Wms.. 770. 
 
 iM) rattersou V. Tiiigley, a All., .Vi^i ; see Don d. Bridges v. 
 Quint, East. T., IH'iS ; Stevens i>iKest (N. B.), 44"). 
 
 ill l)iiiilmmv. King, Triuity 1"., Isbl ; Steven.s' Digest siiprti. 
 
 (.■.| llidkfk (If fj/. V. Wilson. 7 I'. C. P . 28- Mercer v. li.'w.s- 
 tou ct al., 'J I". C. P., 349; llun.-.ly v. Fiiiler, -J^ U. C. P., 141. 
 
h«», 
 
 2oy 
 
 AVlicn (Ic- 
 ff'iitliiiit 
 
 CStd])))!'!! 
 
 from (lii- 
 iiiftl (if 
 r('t,'iNt(irii(l 
 title, 
 
 Snrrf'iuk'r 
 at law. 
 
 Binds 
 Bftilway 
 Compan- 
 ies. 
 
 Frauds on 
 Act renie 
 died in 
 Equity. 
 
 llcsistra- 
 tion of 
 mortgage. 
 
 ir 
 
 litXUSTKRlNd on O.MITTINO TO IlEOISTKR. T'l'^r. X 
 
 L j( 1. 
 
 elusive agiiinst its testamentary (ilmracter (I) ; but 
 wlicru an instrument re(iuiros certain formalities, 
 rcfj;istrati()n is not evidence; of such formalities 
 liavin<T been complied with (2). 
 
 A defendant in an action of ejectment is estop- 
 ped from denying the title of the plaintilf being a 
 non-registered one, where it comes througii tho 
 dt'fen(bint himself; particularly where tho objection 
 was not taken at the trial (8). 
 
 The registration of a dwd operating in law as a 
 surrender, is not equivalent to the registration of 
 an actual deed or instrument of surrender (-1), nor 
 does the registration of a deed containing coven- 
 ants extend such covenants beyond their original 
 import (5). 
 
 The Registry Act is binding upon Railway Com- 
 panies (()), and on Municipal Corporations (7). ' 
 
 A plea setting up registration of an instrument 
 is good, although the registration may have been 
 etTected after action brought, but before plea filed 
 (8). 
 
 Frauds upon the Registry Act will be relieved 
 against in a Court of Equity (9). 
 
 Registration of a mortgage protects the equit- 
 able title of the mortgagor to the same degree as 
 it protects the legal title of the mortgagee, and 
 confers priority upon such equitable title. A 
 mortgagee under a registered mortgage while 
 
 (1) Majoribaiiks v. Howndon, 1 Dm., 11. 
 
 (•J) lie Higgius, I'J Gr., iitW ; Tillany v. McCumber, IJi U. C. 
 II.. l.V,). 
 
 (;$) Garrett V. Hlakelv, 9 U. C. T., 40. 
 
 (I) lowell V. Kellv, 10 Ir. L. R. (Q. B.), 102. 
 
 (.'■)) Chandcs v, JJniwnlow, 2 Uidg. P. C, 4-2K. 
 
 ((i| Hartv V. Ai)i)lebv, 1<J Gr., 20y ; see Keg. v. Smith, 13 U. 
 C. K., iiOO.' 
 
 (7) Diinlop V. Towiisliip of York, Ifi Gr., 21(5. 
 
 (8) Carlishi V. Wlialey. L. R., 2, H. of L., 391. 
 
 (it) Curtis V. Pen-y, (> Vps., 73!) : Osborne v. Williams, 18 Ves.,, 
 379; Battersby v. sinith, 3 Madd., IIU. 
 
iivr. X 
 
 STl. 
 
 CIIAI". X.] 
 
 57-1. J 
 
 NKGF.KCT TO RKCISTKII. 
 
 'ir>\> 
 
 ;but 
 itios, 
 litics 
 
 nstop- 
 .•in^ a 
 ;h the 
 cction 
 
 w as a 
 tioii of 
 1), nor 
 coveii- 
 )ri(:;inal 
 
 y Coui- 
 
 IT). ' 
 trumtnt 
 
 e been 
 
 ea filed 
 
 lievecl 
 
 re 
 
 e([uit- 
 legree as 
 gee, aiul 
 ,tle. A 
 while 
 
 Ir, 13 U. C. 
 
 Lth. 13 U. 
 lis, 18 Ves.,. 
 
 ill possession made a lease ; in an aetioii by the 
 iiiortf^Mj^or against the h.'sseo to recover possession 
 the liitter set up title as a purchaser without notice, 
 and also rehed u[)on an ncknowhnlginent liaving 
 been given which would bind him. It was held 
 tliat the re<,Mstration of the mortgage gave priority 
 to the mortgagor's e(piital)le tilh', which rendered 
 notice iiHuiaterial, and that tlie acknowledgment 
 liv the mortgagee alone was suiUcieut as against 
 tlie hssee (1). 
 
 It was the o[)inion of Esten V. C. that the Reg- RiKl>ta of 
 istry Act of 1M4(), aiul tlie statute llJ-li Vic, cap. i,',','.',',,!',.' ^ 
 (i;} did not affect e(iuitable liens or mortgages (2), ''.'"""'''^^^r 
 and it was shortly afterwards iield that the latter 
 statute made no change in the rights of ecpiitablo 
 encumbrancers (:■}). 13ut, as between orpiitable 
 encumbrancers themselves, it was held, that prior- 
 ity may be acquired by prior registration, sul)ject 
 to such priority being defeated by notice (4). 
 
 The sul)ject of registration as it af!'ects equitaldo 
 interests is referred to in the notes upon section 
 eighty- one j)ost. 
 
 Neglect upon the part of a person to register an N<'^'i<'<'t to- 
 instrument will have the effect of postponing or 
 defeating such instrument as between him and a 
 subsequent purchaser or encumbrancer for value, 
 without notice ; and it matters not if the registration 
 has been prevented by the fraud of a subsequent 
 purchaser, provided lie lias in the meantime con- 
 veyed to a third party for value without notice (5). 
 It is imjiortant tlierefore that registration should 
 
 (1| Ball V. Lord Rivcrsdnlp, Bent., Tx'jO. 
 (■2| HiiKlison V. Davis, -1 Gr., "jSH. 
 IHI McMastrr v. Phipiis. "» Cir., '2'>3. 
 
 (■il Bctluiiio V. Caiilcntt, 1 Gr., 81; Ferniss v. McDonald, 
 o til-., 810. 
 
 {'}] Doe d. Nollis v. Matlock, 2 0. S.,-187. 
 
 register. 
 
hi. 
 
 •JGO 
 
 UKdISTKUINd Oil OMITTINCJ TO KKOISTKH. 
 
 f < IIAI>. 
 
 L 5.'». 
 
 be pfTeeti (1 proiniitly, in ordi-r to protect tlio rij^lit.s 
 of tlio i)oraon claiinin;^ thereunder as iif^iiinst third 
 ])iirties (1). A vendor took from the ptirclmser ii 
 inortt^'iij^'c for part of thi? coiiHideriitioii money, hut 
 <lid not ref^ister it until sonic months after the 
 <h.'ed to the purchast'r had heen re^jislcrt'd ; in the 
 lueantimo the mortj^agor created a Hecond incuin- 
 branco in favour of honn fulc mortj^'aj^'i'eH, which 
 was registered huig before the first mortf!;ap;o, with- 
 out notice thereof; htdd, that the want of a recei|tt 
 for the consideration money upon the purcliaser's 
 deed was not suiticient to postpone the second 
 incumbrjinco (2). A constant to the ett'ect that a 
 prior registered mortgage sliouhl l)e postponed to 
 a subsecpient one, notwithstanding such prior reg- 
 istration, will not, unless registtu'ed, have that 
 C'th^ct against an assignee of such prior mortgage 
 for value without notice (!J). 
 
 A person claiming under an unregistered title 
 from the patentee of the Crown, must register the 
 title to protect himself against any suhse(iueiit 
 deed or mortgage made for valuable considera- 
 tion (4). 
 OmisRion Where a vendor neglected to register a mort- 
 iiiort- ' g^n^i taken to secure unpaid purchase money, it 
 gages. ^yr^s held that he could not repudiate the ruortgage, 
 and revert to his vendor's lien, as against a sul)S('- 
 quent encumhranfer who registered before the 
 mortgage was registered (o). If a mortgagee 
 neglect to register his mortgage, a lessee from the 
 mortgagor in possession without notice of the 
 
 (1) Sec Listowel v. Gibbings, it Ir. C. li., ^'il. 
 
 ('I) IJiihlwin V. I)nif;;iiiiii, (ir,, 'A)')\ suo Biirnlmrt v. Grcen- 
 abiflds, y Mdoi-L- P. C, Ai.., 18. 
 
 (:{) fiuniibcU V. Mc'Uuut,'iill, I'fi dr., 280. 
 
 (4) MfCartliy v. Aibiuklc, 'i'J U. V. P., 5. 
 
 (o) liurgcss V. Howell, 8 Gr., '61, See Boucher v. Smith, 
 Ajv. at piigu 'ii)'2. 
 
NK(iI,KrT TO RKdISTKK. 
 
 261 
 
 111 )ft^;;i;^»' will not b) iifT'-ctod tlioruby, and tlio 
 iiiort^jai^or will ho boinid by tlio di-iniso in liUo 
 inauucr, iiK if Biich dcnuHo bud been made prior to 
 the execution of tbo niort;^a;^'o (I). 
 
 If a vondor c.Dnvcys Ian 1 to a purcbascr under 
 iin a^^i'ccMU'nt that tiie luttin' will cxecuto a niort- 
 j^iiL^i' to the vendor to sjciiro the purchase nionry, 
 whii'h a'-'reeinout in not ref^isttsred, and executions 
 against Ian l;-t are filed in the Shiiritfn OlUce aj^ainst 
 till' i)urchaser, they will prevail over the a^'ree- 
 larnt ['!). 
 
 An unref^'isteriid mortj^aj^e is invalid aj^'ainst tlm 
 lessee of t'l ' niortj^ai^'or without notice of su(!li 
 mort;^'ai^' ' ("5). So it has been held that until tli(» 
 purchaser of riial estate has re,L,'istert.'d his deed, 
 the creditors of tlu; vendor may snl)se(|uently to 
 the sale ohtain a Viilid, legal or judicial hypothec 
 ou such proi)erty (1). 
 
 if a credit. )r takes a mortgage or other convey- Nr|,'li'ct<.f 
 unci! ot i)ro[)crty from ins priucipal debtor ni ^,^.,^1^^,.,. 
 Security tor his diht, but negl(,'cts to register such ^^t'^'uritieK. 
 instrument, whereby the pr>)perty is lost as a 
 security, such omission on his part amounts to 
 that degree of negligence which will discharge the 
 sur(!ty to the extent that he is injuriously atfected 
 by such non-registration (5). 
 
 But where a rule of Ce)urt provided that a js:,.j,i(>(rtii.v 
 recognizance for the payment of the rent of the ""'•"/^ ^'^ 
 l)roperty in charge of the Court should be regis- tui-cgister.. 
 terud, and a lien on the property of a lessee was 
 lost by the failure of the Clerk of the Court to 
 
 (1| Jiiekson V. liOUt^libread, 2 Julius., 7o ; Kcecli v. Hull, 
 1 Duiit,' .21. 
 
 rJ) (lult V. Bush., 8 dr., iJOO. 
 
 (:'.) HilUiinl Mt'Kt's, 171. 
 
 Ill licftfbvio V. liiUifhiiiul, 1 LoKdl News, p. 2;5ri. 
 
 |.".i Wulil V. Jay, L. 11 , 7 (^ B., 7r>l\ ; Stnittou v. Uiistall, 2 J, 
 K , :)(j(» ; seo Wrixoii V. Vize 4 Ir. Eq., -108. 
 
IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 
 /, 
 
 / 
 
 
 
 ^ 
 
 V S'j^ii 
 
 
 V 
 
 f/> 
 
 7a 
 
 1.0 
 
 I.I 
 
 ^ ^ Ilia 
 
 " i;£ 12.0 
 
 1.25 i 1.4 
 
 1.8 
 
 1.6 
 
 Photographic 
 
 Sciences 
 Corporation 
 
 V 
 
 iV 
 
 Ll>' 
 
 :\ 
 
 \ 
 
 % 
 
 V 
 
 
 
 ^> 
 
 23 WEST MAIN STREET 
 
 WEBSTER, NY. 14580 
 
 (716) 872-4503 
 
 %^ 
 
 '%"■ 
 
 ..li 
 

 6^ 
 
 •t 
 
 M 
 
202 RK(iI^TKUIVU OH OMITTINU TO KK.filSTKR. rffAP- X. 
 
 L j71. 
 
 rofiistor, it was liold, that tlio surety for the rent 
 was not (lischar;^iHl ; upon tlie f^round that the rule 
 of Court was not made for the houi'lU of Huroties, 
 and tliat the owner of the property should not l)e 
 ))ri'judi('cd hy the negli^rence of the olHcers of the 
 Court (h. 
 
 Trustci'S are personally rrs[)onsil)l(> if thoy 
 nej^lecl to riyi^ster an instrum-'ut roipiirin;^ le.^is- 
 trjilion (2), and one entrusted with anotlu-r's 
 money to invest is liahle for any loss occasioiud 
 by his not registering the security [')). 
 By Solici- AVhcu an instrument re(piiring registration is 
 counnitted to tlie eare of the solicitor, it is his 
 duty to register the nam;', and if he neglects to do 
 so, he will he liahk- to his client for any loss sus- 
 
 I5y TniH 
 tecs. 
 
 tor 
 
 tained through bU' 
 
 :i 11., 
 
 ;lvct [4} ; especially if the 
 
 requisite fees for r .^iistration have been advanced 
 to iiim by the client for that puri)ose (5). The 
 action again,-,t thi' solicitor being substantially for 
 breach of contract is maintainable without shew- 
 ing any actual damage ((>). 
 
 The solicitor is also responsible in law for all 
 damages occasionrd Uy his negligence in searching 
 for encumbrances (7). Where a deecHvas not reg- 
 
 (1) .T('|.lison y. M !iin.si.|l. 10 Ir. Eii. U., 38 ; amroK!.! lb., i:VJ. 
 
 (•-•) M' 
 
 ira V. CuiiV, Ir. 11., 1 Eq.'J, Lcstor v. Lester, 
 
 Olr. Vh. 11 , ol.J. 
 
 (3) Holmes v. Thomp^.)!!, 38 U. C. 11., '2'J2 , l'A,n:-i v. WuUur, 
 30 U. C. K,, ). 
 
 (1) Plant V. P.'ariium, 11 L. J.. (Q. B ), 1(5!). 
 
 ("/) Ljiu'h CI (//. V. WiUuii, •-'•J i;. C. U., -JJd. 
 
 (0) Doaii V, Warri'ii <t nl . 11 I'. C. 1'., 12'{ ; so*^ a^ to litihili- 
 tifs of solicitor in invo.sti^Mtiou of titli's, i.*iv' , U'ls.s v. Stratliv, 
 1»; U. C. K.. 430 ; D.uliiit,' ,■( ul. 
 
 W, 
 
 '2-2 V. C. U , 3(;:( 
 
 IVtcrs V. Wellur supra. Crosby v, Miirpliy, 8 Ir. C. L., 301; 
 .Stevenson v. lloWiiiul, - Dow. ik (.'. I., 101. 
 
 (7) Hamilton v. Lyster, 7, I. E. K.. (itj I ; Brooks v. I),iy, 2 Dick , 
 r(72 ; Firsliall v. Colu, 7 > in. Ab., pi. fi.j M. S. ; (ireeii v. Jack- 
 
 S(»n I'eake, '2'S(i : Ire 
 
 V. rourman, 3 U. &. C. 7'.l'.l ; r, ]). & Hv. 
 
 «jH7 ; Temple V. McLachlan, 2 New l{ci>., 130; rark^'r v. lloll.s 
 11 C. IJ., Oi'l. 
 
tlTAP. X. 1 
 571. J 
 
 KFFECT OF NON-RKOISTRATION. 
 
 203 
 
 for 
 
 i:vi. 
 
 1 
 
 ibili- 
 
 
 V 
 
 ), 
 
 V. 
 
 Dick, 
 .liick- 
 
 .>;: Hy - 
 
 istered owing to neglect, a siibixona to show cause 
 why it sliouhl not be registered was issued against 
 the party whose duty it was to cause its regis- 
 tration il). 
 
 An unrt'gistert'd conveyance of hind operates as <^rtrfiti(in 
 a rt'lease if the veniU-e is in posst'ssion at the 'i'^,,,,.,,,i'^ 
 time : if ho takes possession inuiU'diatL'lv alter, it''""^<'y- 
 nuiy operate as a feolhncnt (2). 
 
 I'nder the llegistry Acts non-registration in a Noii-n-iiH- 
 proof of fraud as against any suhseiiuent registered ..'r.'l'f'Iir 
 conveyance, in(h^pen(h'ntly of any co: si(Uu'ation f'lunl- 
 whether the person executing the first was, or was 
 not, the sa'ue person who executed the second Ci). 
 
 Tile want of registration, however, invalidates '''''^''f'"^ 
 
 " . want of 
 
 the instrument as against suhst'ijuent purciiasers if^^'istra 
 and encuml>rancers only; it has no elTect as^'""" 
 against tiie assignees of the party conveying (1). 
 
 A mortgage, though not registered, is good inter 
 partes, and those claiming through, by or under 
 thein (5). 
 
 The oi)ject of the llegistry Laws being only to 
 protect subsequent i)urcliasers, the}- do not inval- 
 idate a conveyance, on account of it« non-registra- 
 tion, as between the party taking the conveyance 
 and him who conveys and his assigns in bank- 
 ruptcy. Nor does a deed of assignment acquire 
 any greater force by virtue of its registration than 
 it originally possesses, as against an earlier unreg- 
 istered instrument. A registered deed of assign- 
 
 (1) Siddonlmiii V. Harrison, Ciuv, 'J7. 
 
 (2) l)(.o a. McKiiy V. AUoii. 2 All., VJ. 
 (H) Miiy on Fniiul. t\jiiv., '2'2i'). 
 
 (i) E.v' f'lirte Coli'S v. Kiickt'i), 1 Dear it Cli.. 100; 1 L. J. 
 (N. S.) cliy., 18; Joiifs v. (iil>l)i>ii, '.) Ves , 107; Hudson v. 
 .Slinrpc, 1(( East., HM ; Cf. Willis v. Brown, 10 Sim., 127 ; 
 McNeill V. Ciihill, 2 Hligli, 228; I'littorson v. Tin^lfV i, AH , '.;)3. 
 
 (.")) Salmon v. ClaKftt, '.i IJIiind., 120 ; Amln'ws v. Burns, 
 11 .Via, (i'Jl ; Moore v. Thomas, 1 Or»gun, 201; Howard v. 
 iMcIntyre, ;J Allen, ;371. 
 
^' 
 
 M 
 
 !*■ ' 
 
 
 2G4 
 
 KEOISTEHING OR OMITTING TO REGISTKU. 
 
 rcriAr 
 
 L ;7-», 
 
 r. X. 
 
 Inconsist 
 cnt foii- 
 vcviinccs 
 
 mont will not, therefore, cut out or postpone a 
 l)rit)r unref^istered deed from the insolvent, founded 
 upon valuable consideration, taken without notice 
 of the grantor's insolvmcy, and otherwise valid 
 Recording to the provisions of the Insolvent Act 
 (1). Held, that until the purchaser (»f real estate 
 has registered his title, the creditors of the vendor 
 nniy, suhsequently to the sale, obtain a valid legal 
 or judicial hypothec or niortgag<' on such proi)erty : 
 sale, without registration, having no effect as 
 regards third parties (2). 
 
 Where inconsistent conveyances are executed 
 by the same grantor, that last registered, although 
 iiy siiiiK! postponed, is personally binding upon the grantor 
 and those claiming under him as volunteers ; and 
 the property compriseil in the deed lirst registert.'d 
 is bound, after satisfying the trusts raised bv the 
 deed lir^t registered, by the contents and trusts of 
 the deed last registered (li). 
 
 Where, through a mistake in a registered deed. 
 a ]>ortion of the property intended to have been 
 conveyed was omitted, and a judgment was after- 
 wards registered against the vendor, it was held, 
 that the judgment did not iiffoct the portion so 
 accidentally omitted (.4i, Where deeds are not 
 registered they will take effect according to the 
 l)riority of time of execution or delivery as at 
 Conunon Law. 
 
 Omission Omission in the registration of any of the deeds 
 
 to it'Kist.r ji^ the chain of title will in-ejudice one in making 
 nil (ti'ciis . . 
 
 in (iiiivin out his title in an action at law (5), and may 
 
 of title. 
 
 (1) Collvcr V. Sliaw, 19 Or., HW,) ; Jones v. (iibbon supra. 
 ('2) Lcfilivro V. Hdiichand, 1 Lt'niil News (Q), 230. 
 (:f) M.'N.'ill V. ('(ihill. 2 li\\t;h. 2--'8. 
 
 (4) >r.Miister v. I'liipps, .'5 iir.,'2'ri. 
 
 (5) KitclK'n V. Murruv, 16 U. C. P., 60. 
 
 "^^H 
 
f-HAP. X.I 
 
 jiTS. J 
 
 RKftTSTItATION OK WII.I.H. 
 
 2(55 
 
 rt'iiilcr a vciulor incapablo of rtnjuirin^ a vendoe 
 to carry out ijis purchase (1). 
 
 A term of years was vested in 15. for life with 
 reuiainder to E,, his daughter, rpoii her mar- 
 riage with \V. shi' and H. conveyed l»y det-d to 
 trustees to the use of n. for life, remainder to W., 
 the intended liushaud, tor hfe, retnaindi r to K., 
 renniinder over. This deed was unregistered. 
 After l)."s deatl). \\ . l)eing in possession, conveyed 
 l)y a registered deed. \V. th^'ii died. It was held, 
 allirming tlie ruling of the (.'ourt of Mxchequer, 
 that tile latter conveyance had priority over the 
 unregistered settlement, and was therefore valid as 
 as against E. claiming tlu reunder alter W.'s 
 deceasi' ci). 
 
 It may l>e ohserved. that the lien ujKm tlif land Mutual 
 
 of a i)erson insured in a Mutual Insurance Com- '"'"'^''"^^ 
 
 ... . • 
 
 pany does not reiiuu-e registration to jirest rve its 
 
 [u'lority i:-i>. 
 
 7'). .\ll willn or tlif |iiiil)ytt'-i llicnof ii'gist('!C(l wiiliin tlic ,,. 
 
 sii:i('i' of twi'lvf luolitlis next :ift(i- till' di'tith of tin tcstjilur o 
 i i.. .:.. .1.11 1 „ .... i: 1 1 ii 1.. .1 ■ L .1 
 
 Wills not 
 n'tiistcicd 
 witliin ; 
 ctTtiiiii 
 
 >ii:irc oi t\>t'i*t iiioiiLii.-> in \i- .111' I iiii- iii-«iiii iM iiM 11 >t}ti(>i or , 
 
 li-tiitiix, sliiill lit' as Villi. 1 mi. I flfcctn.il ii^'ninst siiiisciincut ".'jT- ' ' 
 |)iir''hiis(is mill iiiiiit}.'ii),'i'('s, us if tlic smiik' liml Ikmii irnisti'i-.d ,\','- 
 iiimii'iliiitrly lifter such ili'iilii ; ainl in i'iim' tin- ili'visee or )n'isou ,■ _ , 
 iiiiiifstiil in till' liiii.ls ilcviscil in iiny such will is clisnlilc4 fnun ■''"'.' V 
 ii!_'i-^tirin>; the same within the .s.mu' time li.v reason of the con- ^ • t ' f 
 fi stint; of such will or by an> ithir iuevitiiiile ilitiiculty wilhout 'l^,'**"" ' ' 
 his or her wilful m ;,'h'ct or ilefault, then the n>;i^tr;ltion of the ' ' ' 
 same within the space of twelve months iie.\t after his or her 
 uttainmeut of such will or]iroliate thereof, or the removal of the 
 iniiieilimeiit aforesaid, shall he a siitlicient re^'istratioii within tho 
 lueaniii},' of this .\ct. .HI V., c. \m. s. (Jo 
 
 The provisions relating to the registration of i-rovisionn 
 wills arc generally introduced in the Provincial """'" ^^'"f 
 
 " \ are insert- 
 
 and Imperial Registry Acts hy wtiy of proviso or ed i.y way 
 exception. Tlmy are intendeii to grant a greater tiJ,i" ' '' 
 
 (ll Brady v. Walls, 17 (ir , (;!•'.». 
 ' {'2) Warhurton v. iioveland, 1 Hud. it B.. (I'i3 ; affirmed on 
 uiii)eal, t; I'.li. N. H., 1. 
 
 (ii) Montgomery v. Crore District M. Ins, Co., lU lir., JOl : see 
 ex part r Hill, 2 (:hy. Cham. 11., 'MH. 
 
 18 
 
Ill 
 
 200 
 
 I'riiii'iple 
 on wlucli 
 this cx- 
 C('|iti(iii is 
 Imscil. 
 
 ui;(;isTi:i!i\fJ on 'iMiTTiNd to i!i;(iisTi:i!. fnAP. x. 
 
 L S7fi. 
 
 indulgence to wills, wlitn reptistorcd in jiur.simnce 
 of tlic regiiliitions proscribed or laid down in such 
 provisions, than is accorded to deeds and otiicr 
 instruments; wills so registered liaving a rtlation 
 back to a period antecedent to the date of registra- 
 tion, viz., to the death of the testator ; thus retain- 
 ing their priority against any purchasers or mort- 
 gagees claiming under the heir-at-law, under 
 instruments executed by hini, subsiupient to the 
 death of the testator but prior, to the registration 
 of such will (1). 
 
 This exception to the general policy of (lie lleg- 
 istry Act, which requires a prompt registration of 
 instruments affecting lands to ensure priority, is 
 no d()ul)t based U[)on the circumstance that wills 
 have always been lookid u[)on as being in the 
 natur»' of secret transfers or conveyances. From 
 -the character of such instruments, and thecircum- 
 stances usually accompanying their iiublication. it 
 mav be ditlicult, and in some instances impossible, 
 for devisees or others beneficially interested to 
 effect an immediate registration. A will being 
 fre([Uently connnitted to the custody or guardi.iu- 
 ship of those whose interest may be, in their own 
 oi)inion, better served by suppressing or conceal- 
 ing the will from the knowledge of those entitled 
 thereunder, it would be a manifest injustice to 
 impose upon the devisees and those entitled under 
 such will as prompt a registration thereof as is 
 required in other cases. Such a reijuirement 
 would, as one can easily see, aid and assist the 
 heir-at-law and others in knowingly committing 
 fraud, by defeating the objects of the testator. A 
 will is, in contemplation of law, a deed (2). 
 
 (ll Wilson, If). 
 
 (2) Doe a. Baker v. Clark, 7 U C. R., M. 
 
 
CIIA 
 
 Al«. X.I 
 
 57S. J 
 
 WII.I.S KXKCI TKI) AllllOAH. 
 
 267 
 
 As the Irisli lU'siHtry Act docs not contain ji "^"^nisinrc- 
 clause (U'claiing unrej^istercd wills to be void astlnd in 
 against puicliascrs, \c., or spccifvinj^ any jicriod '•■''''""'• 
 within wliicli registration slutuld bo I'tYt'ctod, the 
 registration of wills in Iroland is of rare occur- 
 rence (1). 
 
 I'nder the Kegistrv Act of 17l>i"5 registration of'- '^•'^ 
 wills was oi>tional, and was eonhned to those exe- tine 1 1.. 
 lutod by a tistator dying within this Province ('ii; ^^'''\''^'''' 
 and the period within which registration, if made, wuliin 
 would relate l^ack to death of testat >r was limited vi'nn.. 
 by that Act to six months from date of (U-ath (;}l. 
 
 The Registry Act of IHIC. extended the provision "'^ •^'"^ 
 of registration ol wills to such as were executed 
 by testators dying abroad; and the period of six, 
 months was enlarged to twelve months it). 
 
 The English llegistry Acts distinguish between I'istinc- 
 wills executed by testators dying abroad, an<l s,!i'v,.,'i hy 
 those dying within the United Kingdom, by extend- !';"-'''■'' 
 iiig the period within which registration should bo 
 oll'ected in order to obtain the beiieiits of tiie Acts 
 to three years from date of testator's death, in the 
 ease of wills coming under the former class; while 
 the period of registration allowed to devisees 
 under wills coming within the latter class is only 
 six months from the testator's death. 
 
 This distinction has not been recognized in any N.'t mted 
 of the Ontario llegistry Acts ; though it may be a"" '"''^'^'' 
 subject worthy of consideration whether a reason- 
 able extension should not be allowed to devisees, 
 and others interested, under wills executed by 
 testators dying abroad. Two years would not 
 
 (1) Fnrv V. Smith, 1 H iS: H., 7o!) ; Mhail.-ii, 27. 
 
 (2) l)i)u il. Eberts v. Wilson, 4 U. C. K., ;tS6. 
 [H) Sec. ir,, 
 
 (■ij Sec. 12, 
 
2(18 
 
 nKrilSTEIUSl! f)l« OMlTTIN(i Td HKfUSTKH. 
 
 < HAP. X. 
 
 appear to hv. an unrtasonaMc limit in such cases. 
 
 It lias been saitl that tliis ahscncf of distinction in 
 
 compensated for. hy not reipiirin^ the canse of tlio 
 
 dillieulty preventin}^ tlie registration of tlie will to 
 
 he registered 1 1). 
 
 R<'tristrv 'I'l,,. icajstralion of wills within twelve months 
 
 iiii.iitiis "next Jifttr tliediatliof the testator is declared to 
 
 «(|iiival('iit ijj, |,y ^iii^ section, as valid and < fVectual as a''iiinst 
 
 to iL:;,'istry 
 
 iiniiicii- " sMhstqiicnt |)urcliasers and niortL;a;4ees, as it the 
 ""■'■' "'^'''' same had fcei'n refj;isti red innnt'.iiatelv after such 
 deatii. In other words, that the death of the 
 testator and the re.Ljistration within the year are 
 to he taken as insi'parahly connected and cnntinu- 
 ons acts; and that any conveyance, o)' other 
 instrument executed hy the heir at law, will not 
 have any force; or effect against such d«;vise, pro- 
 vided the devisee rei^'isti-rs within twelve months 
 from the death of the testator. 
 
 Cons.-- J''ailure or ne<^lect on the part of the devisee or 
 
 ill'I'h'Vt't'o '>ther interested party to register the v.ill within 
 
 ruKisicr tiig i)ioner time, (unless within the exception 
 will with-; ... , . ,- , 1 , , 
 
 ill iin- ; contaniid m ttiis section,) does not render the 
 
 Kfiihi-.i ju y^ijii against suhsecinent purchasers (jr mort- 
 gages from the heir-at-law (ij'tcr the registration 
 of the will i'2). IJut the will is void as againt 
 those purchasers and mortgagees from the heir- 
 at-law who register before the will is registered. 
 It was remarked, however, by Lord Justice Turner 
 that, although the Ilegistry Act provided that wills 
 should be valid if registered within the specified 
 time, yet, on the other hand, the Act imported 
 a negative to the effect that they should be iuvalid 
 unless so registered (3). 
 
 (1) McLeod V. Tiuax, 5 0. S., p. 459. 
 
 (2) Kigae, S'k n. 
 
 (3) Chiidwick v. Turner, L. R., 1 Chy., 310, 376. 
 
SV."). 
 
 WIM.S KKOISTKRKI) AKTKn ONV. YK.M«. 
 
 2r)'.> 
 
 Tlio laujiuii^if of tlu' Kiif,'lisli ltc<,'iKtry Act as (c, H'vi^try 
 
 (III r tilt 
 moH. 
 
 tlic rc^'istrv tit wills has f^'ivcii rise to iloiilits, w 
 wlicflicr. i'l case a will is not i'cL,Mst('i'((l within the 
 m'rsci'ihfil |ii'rio(|. a i^ood title cmh 1)c injnic tlii-n.'- 
 iiiiilci' without the coufiirit life ot' the hfir-at-law. 
 It has Imcu sii;4)^fstt'(l that a will. rf<,'ist,frc(l after 
 tilt! )'\|)irv of the statutory pcricul will he void 
 a'^'aiiist a |>iirchascr or iuort^'a:,'ec from tlif heir- 
 at-law, without notice of the will. Vlthou,i,di the 
 lau;^uat,'i' of the .\cts occiisioiis some dilticiilty in 
 [ironouncin;^ u|)on tlifir meaning', it is coniH'iveil 
 that, except fof the piirpost; of tixiiiu; some limit 
 within which the heir-at-law cannot deal with the 
 estaie to the [)reiudice of the ilevisees. tht! time 
 for tlie re^;istration of a will is (lirectory only ; and', 
 that as to wills not rej^istered in due tinu'. although 
 \)\' the Act they are made void a.L^'ainst pnrciiasers 
 and mortf^a^^ees from the heii'-at-l.iw. s i luiii^ as 
 such wills remain inn'e,L,'istered. yet as >oun as they 
 are rej^istered they tal<e el't'ect an 1 ohtain [uaority 
 against such purchasers and niort,;.;af.,M'es.>uhse(|Uent 
 to the rei:;istration of the will (l). 
 
 Tlio analogy l)t;tween wills and convevances Aimid^'y 
 
 ll'tWlMll 
 
 iinist not, it is said, l)e carried too far : for it doe 
 not follow that a purchaser for valuahle consiih'ra 
 tion from the iieir-at-law, snhse((Uent to the expir 
 of the prescriheil limit of twelve months, and 
 whil(! the will is unre;^'isterod. will he [)ost[)oned 
 thereto by reason of its re<^istration hefore his own 
 conveyance is registered, it is not the policy of 
 the several Rej^^istry Acts to phuie a devisee upon 
 the same footing as a purchaser, so far as regards 
 the advantage atl'orded by registration, but to pro- 
 tect purchasers against unregistered deeds (2). 
 
 (1) Sec Davidson Con. 7<iU ; Uiuu'c. si n, 
 
 (2) Clmdwick v. TiinuT L. U., 1 Chy.. ,tlO, ;J7t!. 
 
 a 
 
 Mlivry- 
 
 mcus. 
 
1" 
 
 i. 
 
 :M 
 
 1' 
 
 
 •270 
 
 I(K(ltSTKntV(i n|< OMriTINd T(» IMUilSTKH . ['«*•'• «• 
 
 IVmtkauii It .i,,,„,,„.H to 1m> tlir piiicf 
 
 K.iii'liiiiil ' ' ' 
 
 Kii|.'liiiitl 
 
 ICC III 
 
 I'jiu'liiinl t( 
 
 to oiitiiiii rc(|iiii-(' tlif ('()iiciirr('iic(> of (lie lnir-al-luw in a 
 
 It i>f 
 
 run SI Ml I'l , .. ,• ill- i 1 <• 
 
 lifir-at- '•()liVr\ailcc h'oiil tllf dcVlScc to u |)lliv||;i scf trom 
 
 li'w. III,. Ijittcr wlicic tlic will liiis Hot liicii rci^istcrcd 
 
 ( I ). Ill ordfi' to jilliiy nil doiiitts iirisiiif^ as fn fhc 
 liriority of a will rc;,Msti'n d jil'tcr tlic sliitiitoiT 
 pfriod. liiit hflorc the rc^jistry of a coiivfyaiifi' 
 I'l-oiu llif licir-at-law, it was ciiai-tcd hv tlin N'ciidor 
 and I'lircliascr Act of ISJI limit. Stiit.. ii7-'.\H \ ic, 
 cap. 7H. sfc. Si, that wlicii "tlic will alTi ctiu'.; lands 
 ill Middlesex or ^■o|■kslli^L' lias not heeii re«,'i'stereil 
 witliiii tile luriod pi-escribcd by law in that helialf, 
 
 an assurance ol siicli 
 
 aiHls 
 
 to 
 
 a purcJliascr oi* 
 
 inort.L(ai,'e(', executed hy tlie devisee, or hy some 
 one deriving,' titln under him, slnill, if n'<^'ist('rt'd 
 lii'i'ore. take precedence of and iirevail over any 
 assnriince from the testator's lieir-atdaw." 
 
 will ri' (If. Where the devisee Would l)e lieir-at-law. had the 
 testator died intestate, tlio will need not bo 
 
 VlSfl' IS 
 
 iilsd liiir- 
 
 llt-illW. 
 
 re'dstiTed under this sect 
 
 ion ['1). 
 
 UMM'tJUlllS 
 
 lir.iufstDf When leasehold estates are heijueatlied liy will, 
 md tile executor assi'iits in writin*^' to tlu' he([Ue&t. 
 the Icf^'atee's title must he [irotected hy rof^istorin.i,' 
 the instrument containing the assent f;5K A 
 verbal assent is of course iiicapalile of rei^istratioii 
 (4). It has bei'U said that rei^dstration of a will 
 be(|Ueathin]i^ leasehold estates is unnecessary to 
 the validity of such beijiiest, as no title can be 
 
 shown thereto without notice of the will (; 
 
 It is 
 
 conceived, however, that it is essential to register 
 such will in t)rder to proti'ct the legatee where the 
 
 (1) Dait v. .«.• p., -) Ed. {)H'2. 
 
 (2 1 Wilson, '21. 
 
 (;{) ;{ iSvtlicwDod, '}. 
 
 (4) Wiliiaiiis V. Sorrel, S ,)iir., 38'J. 
 
 (.J) Sugdeu v. k P., "jKi. 
 
 
riivp. X. 
 
 .1 ii>i:vI'i:nt i-i m ii vsi i; 
 
 KIc' 
 
 •271 
 
 It'iisclinld tstiitf i'\t('iiils lnyoiid tlic tci'in of srvt'n 
 
 Mill's I 1 1. 
 
 vt\> " -;iil)sri|iiriit itiircliastrs mid iMi>rt}j;a- 
 
 Tl 
 
 If Wil 
 
 SllllSC- 
 
 jiit'iit pur 
 
 AC. 
 
 Ljccs " n It !• til |iiii-('li!iscrs iiiid iii()rtj^'ii<.'i'rs IVmu '''"'^''''' 
 til'' III ii'-at-lii\\ , and not to |iin'clias« rs and iiiort- 
 L^'a;;. cs from tlic aniTstor or tcstiitor. The .\<'t 
 avoids convcvanccs and uiort}4iii,'t's f\<'ciitf(l liv tlio 
 lifir-atdaw as a^'ainst a devisee from the testator, 
 provided the devisee re^'isters the will within 
 twelve niontiis fr()ni the (hite of the th'.ith of the 
 testator, or the removal of any impi'dimeiit referred 
 to in this seetion. The re^'istration i>f siieh will 
 witliin the ahove m-'iitioned [leriinl can. of course, 
 have no etVect upon piircdiasers or morl;^'ii^oes fi'om 
 the testator, who rej^'ister their eonveyanoes or 
 niort^'a^es after tlie tfstiit(n"'s death, hut [)rior to 
 the rei^istry of the will. Sucli hist nientiitned pur- 
 chasers and niortj^'a^'ees will retain priority a^'ainst 
 the devist'O. 
 
 Althoiij^di a devisee, heinji; a vohniteer. will not. 
 liv i)rior re;,Mstration (^( the will, he aide to ohtain 
 priority a^-ainst a purchaser from the tt stator for 
 value, vet the vi'udee of such devise", for \aliie 
 and without notice of the testator's deed, will 
 retain jiriority a.^ainst the latter, provided the will 
 and the convt'yance from the ti'stator iue tiist 
 re.U'i.'^tered {'1). 
 
 The Act extends thi^ time for ro^isterin'' the will. I'Atfusi 
 
 where the devisee or other i»arty intir<'>ted is 
 
 prevented from ref^'isteriufj; within the twelve ^^''"' 
 
 in()iiths next after the testator's decease liy reason 
 
 "of the contestation of the will or by any otlur 
 
 inevitable diiliculty " not arisin<; from his wilful 
 
 neglect or defiiult, in which case registration, 
 
 (1) Si'i! notes to st'ctioii 'M anii'. 
 
 (•2) McDonald v. MeDonuld f / ul, 14, U. C. I!., 'iiU , 
 
 on 
 
 if Imu' fill' 
 
 ir^'istry of 
 
 I 
 
272 
 
 KKUIHTKIIINii i)K (iMITIINii In Kl.<>lsilll 
 
 CIIAl' X. 
 
 What 
 
 IIIIIillllltH 
 
 til " an in- 
 
 evitnlili' 
 ililliciillv." 
 
 \sitliiM twflvt' moiitliH ru'xt after the iittniinnt iit 
 of tlic will di' rciiKiViil of the itiiiiidiiiieiit. is 
 
 jHTUlittc'l. 
 
 It is iiiiiiiifcstly iiiipDssilile to stiit'' wliat circiim- 
 , stiiiicis shall !»(• (iftiiii'd an " iiievitaiili' (lil'lirult\ 
 itliiii the iiic,iiiiiif4 of this sectitMi. Maili case 
 must (I('|)(1m1 ii|Mtii its |)c('uliar iiiciih-nts. As to 
 what iiiii»e(liiiieiits eaimot he clasHed as "imvitiihlc 
 (lil'liciiltits" there have hetii. however, sonic lU'ci- 
 liifiiiif.v. sions which are inqiortant to lit; noticed. Infancy 
 was lield not to l)e an " inevitaide dilllciilt_\ ."' to 
 cxense an infant (hvisee from registration, under 
 the corresponding' provision contained in tin 
 lifi^istry Act of IT'.*') (I). That statute re(|uir.'d a 
 ill to he registered throu'di a niemorijil under 
 
 \\ 
 
 the hand and seal ot one or more oi tin devisees 
 his heirs, e\ecutitrs, administrjitdrs. iiihinliKKs, ni 
 tni-<tfcs. Since tile llej^istry Act of iMl."). us wills 
 are rei^istered lhr<uie;h (h'positofa c"py sworn to hy 
 one of the sultscril'inij; witnesses. rei|uirin;^' no act or 
 couciirreiice whatever (Ui the part of an inliuil 
 devisee, the plea of intaiicy would have less wei.L;ht 
 
 tl 
 
 lan It p 
 
 I is.->e.-^S( 
 
 (I iliiini;^ the period |irior to tliiit 
 
 Covcitiiic, Act. Nor can (;ov(;rtiU'e, insanity, or ahsence from 
 the country 1)1' set ui) as " inevitahle diflicnlties " 
 hy the devisee with any more force than the plea 
 
 Insanity, of inhincv. "When infancy, coverture, unsound- 
 ness of mind, or a,hsence heyond seas are meant to 
 be admitted iis exceptions, tlu'y are usually enuni- 
 erati'd, and the fjef^isliiture are in the constant use 
 of a i)lirtiseolo«j;y ai)plied to that i)urpose." ('!) 
 
 The mere fact that the will is executed abroad, 
 without more, cannot be set uj) as an "inevitable 
 
 Aliscnco 
 
 fruni 
 
 coiuitiy. 
 
 Execution 
 (if will 
 aliroiiil. 
 
 (1) McLcod V Triiiix, "> O. S., i'>'>, ai>i>i((V( d of in Miinilcvilii 
 
 Niol 
 
 lOllul 
 
 iCi I', c. u., (;(•(». 
 
 (•2) McLooil V. Truax, o O. S., p. IC'J. 
 
< lUf. x.l 
 175. 1 
 
 INKVI 1 Aiii.i; iMi 1 n ii.iY. 
 
 2/3 
 
 (liflicultv, 
 
 III 
 
 »rt« 
 
 W 
 
 il^tm ( 
 
 I). 
 
 Il(il»iiis(iii ('. J. siiiil " If liy I'liHOM of llif testator 
 (lyiri;^ :il»roail, or the will bciii^' ((('[lositt'tl iiliroiiil it 
 Imd not coiiU! to tlui kiiowltd;^!' of tlir di'virtcf, 
 tlu'ii, oil tliiit fact hciii;,' slh \vn itlimiL;)! our Act docs 
 not. like the i'iiij^lisii Acts, provide expressly for 
 wills couceivled or suppressed t. the ciise inii,'ht he 
 rtiisonahlv held to come uiuhr the KUiditioii *>( 
 
 iiievitahle dilliciiltv, 
 
 It 
 
 Wdli 
 
 most violent construction, which should le'lil tluj 
 
 mere fact of a will heiiu' made anv 
 
 *\ lere <'n 
 
 t of 
 
 the I'rovince to create an inevitable dilVici U\' in 
 
 tl'( \ uv of rc'dsterin'' it. 
 
 In il 
 
 lis case 111 wil 
 
 was executed in the State of Michij^aii and tliere- 
 fori' it WHS not dil'liciilt to ohtain infornuition iif it, 
 or to ;j;et possession. Uiit ill the case of a will 
 executed in Murope. wlei'ctiM' devisee is imaldc to 
 re.i^istei' such will within tlie twelve mouths next 
 alter the d'Ci asr of the testator, eitle-r from his 
 not ()l)tainiii<j; kiiowledi,'e of .mdi will l»< iulj execut- 
 ed, or (d' the death of the testator, or from his not 
 hcini; iiiili' to iiscerfain wliere the will is deposited, 
 or fiDiii the refusal of the parties witii whom tlu; 
 will is deposited to surrender it ; it is siihmitted 
 that a clearer case of '• iie'vitahle ditticiiltv '" could 
 iiiit exist. Tilt! liinf]!ua«^e of the section rel'erriiii,' 
 to rei;istration hy the devisei' wilhiii twelve moutiiM 
 next 'after the attainment" of the will )ire- 
 sujiposes that the devisee has not tiie possession 
 or control ol tlu! will, and if he cannot ohtaiu the 
 possession of the will, tlioU|^di he endeavour to do 
 so, it is apprehended that it e; immaterial what 
 the cause may be whicdi prevents his attaining 
 ing possession, so lonj; as he is not guilty of wilful 
 default or neglect. 
 
 (1) 4 U. C. 1{., 3.SG. 
 
Ill 
 
 m 
 
 m 
 
 271 
 
 CciVi'I'V i 
 
 will. ■ 
 
 KFlilSTKRIXr. OR O^riTTING TO RKGISTKU. TCHAP. X. 
 
 ^ .S75, 
 
 In order to constitute a difticulty "inevitable," 
 it is osseiitial that the difficulty should oxist 
 throughout the period of twelve months il). 
 
 [t has, iiowevcr, been decided that non-discov- 
 ery of a will is not an " inevitable ditHenlty." (1. 
 died in -lanuary, IHoi, e(juitably entitled in fee to 
 certain freehold premises in ivingstonnpon-Hull. 
 No will having been found, her heir at-law entered 
 into possession, and in June, IHH'i, mortgaged to 
 the plaintilf, which mortgage was registered in 
 July, iHCi'i. In June, 18()1, a year before the exe- 
 cution of the mortgage, G.'s will dated '21st April, 
 1841, was discovered by G.'s sister, who, having 
 no interest in the matter, gave no notice of the 
 discovery of the will to the devisees. In Septem- 
 ber, 1808, G.'s sister discovered a codicil to the 
 will dated 7th December, 18;"i3, when she commu- 
 nicated the fact of her finding the will and codicil 
 to her solicitor, who thereupon informed the 
 devisees. The heir-at-law refused to admit the 
 title of the devisees. The plaintiti', in November, 
 18G3, tiled a bill for the foreclosure of his mort- 
 gage against the heir-at-law and the parties claiai- 
 ing under the will and codicil, and asked for a 
 a decree declaring that the will and codicil should 
 be postponed to the mortgage. At the date of the 
 tiling of the will, neither the will nor the codicil 
 had been registered, but in February, 1S(5J, they 
 were both registered. The Master of the liolls 
 directed an enquiry to be made whether the mort- 
 gagor was heir-at-law to (,t., and that if it should 
 appear that he was, the plaintitf's mortgage siiould 
 have priority over the will and cotlicil (2). From 
 this decree the devisees appealed ; it was held on 
 
 (l| Re Davis, 27 (ir. I'.l!'. 
 
 (•2) Ko OluuUvick v. Tmii.T, L. R., 1 Ch., 310. 
 
 ii: 
 
CHAP. X.l 
 
 sri'i'UKssioN, K.rc, ok wii.r. 
 
 276 
 
 appeal, affirniin<j; tlu^ jii;l<j;iii"nt of the ^faster of 
 tie llolls, that no protection is fjtivcn t<> devisees 
 iiiuler a will which Iras not !>icn discovered by 
 them until the expiration uf the time limited by 
 the statute after the death of tlie testator (1). In 
 this case it will be observed that the will was dis- 
 cov*ered a year before the mort^ajj,f was executed, 
 so that with due diligence it mif^ht have been reg- 
 istered before the mortgage, and so have obtained 
 priority. 
 
 Does suppression or concealment of a will Suppres- 
 amount to an "inevitable difficulty" within the |^f\yi|i ' 
 Act? 
 
 Our statute is silent upon this point. In the rr..yisiou 
 corresponding clause of the Act 7, Anne, cap. '-^O, li,,^,'}^^,.^'' ^ 
 reference is expressly made to the possibility of^'''^^- 
 the will being suppressed or concealed, and enacts 
 that where such is tlie case, the purchaser from 
 the heir-at-law shall hold his title indisputably, 
 miless the will is duly registered within live years 
 from the date of the tc^stator's death. A similar 
 provision, but limiting the perio.l within which the 
 purchaser's title can be disturbed, to three years 
 from date of purchase, is contained in the Act 8, 
 Geo. II., cap. 0. 
 
 It may be argued, from the absence of any 
 allusion in the section under consideration to the 
 suppression or concealment of the will that the 
 general policy of the Act, being to require imme- 
 diate and prompt registration, e:vcept in so far as 
 wills are concerned, sucii policy will obtain in the 
 al)sence of anythnig not expressly mentioned in 
 this section by way of exception ov reservation ; and 
 that as the legislature has not especially exce[)ted 
 cases of suppression or concealment, it would be 
 (1) S. C, iu. app. 
 
"pi 
 
 
 '\ 
 
 276 
 
 REGISTKKINO Oil OMITllSci TO RKGISTEU. 
 
 [■(HAP. X. 
 
 L §75. 
 
 more consistent to leave the person injured by such 
 su[)i)ression or conci'alment to such remedies as 
 may be open to him. af];ainst the party causing 
 such suppression or conceahneiit, than to transfer 
 the consequences of the hitter's wronj^doint; to 
 innocent purchasers or mort<^a<i!ees. To this it 
 may l)e replied, with equal force, that if a devisee is 
 protected under this section by his inal)ility to 
 obtain possession of a will by reason of its con- 
 testation, of the existence of which he must, 
 therefore, certainly be well aware, is not his claim 
 for protection l)ctter founded where the will is 
 suppressed or concealed by those who, by doing 
 so, derive a direct advantage therefrom, and 
 of the execution and existence of which will the 
 devisee is [)ur[)osely kept in ignorance {I}'? 
 Menioriiil The Irish Registry Act, and the several Englisli 
 off.ictof p^M^iyti-y \(.ty ^vith the exception of the statute 
 tioii. eVc, '2 ^: ;} Anne, cap. 4, re(pnre a memorial of the fact 
 liisii it 01 a contestation or existence oi some otiier inev- 
 KtiKii>-h itable dil'ticulty " to be registered within the period 
 prescribed for the registry of the will in the case 
 no contestation or dilliculty occurs. That no sim- 
 ilar requiremenl exists in our Registry Act for the 
 registration of some instrunutnt. such as a certiti- 
 cate duly sworn to, is to be regretted ; as, in the 
 present [)osition of the ib^gistry Law, a purciiaser 
 forvalut> from the heir-at-law, after the expiration 
 of twelve months from the death of the ancestor, 
 and in tlu' absence of registration of the will, of 
 which he has no notice, is liable to be defeated 
 l)y a subsequent registration of the will by the 
 devisee, provided the devisee can satisfactorily 
 prove that he was disabled from registering sooner. 
 
 (1) Soe Sli'|>ln'iis V. Simpson, 12 (jr., i'Xi ; s. c. in iipit., 1'^ 
 Gr. y'Ji ; Re Davis, '27 Cir, I'jy. 
 
 Aint'iiil- 
 nitMit Mig 
 gesteil. 
 
cnAl- x-l wir.LFCL DKFAULT IN HLGISTEHINU WII,!,. 
 
 S7:i. I 
 
 277 
 
 by reason of tlio will bein^ contested or, from the 
 exifitence of some "inevitable (liflieulty" and tliat be 
 bad re^^istered witbin twelve montlis next after 
 tbe removal of tbat impediment. Tbe purebaser, 
 in SLicb a case, can bardly derive consolation by 
 being informed, tliat altlioiii,'b our Pi'gistry Act 
 comes sbort of tlu- Irisli and Eii.Ljlisb Jiejj;istry 
 Acts in tbis r(si)uct, the defect is coiniterbal- 
 anced by tbe ilevisee bt^in;^' entitled to tbe benefit 
 of tbe excnse from registering, so lon<4 as bis dis- 
 ability arisinjf from tbe causes mentioned in tbis 
 section exist (ij. It is submitted, furtber, tbat 
 tbis section is defective in not requiring that some 
 proof of tbe date of the testator's death, or of the 
 cessation of disability to register should accom.- 
 pany the registration of u will, in order tbat. upon 
 tbe face of such registration, it may jn-'nmt /uric 
 appear to have been regulai . ma<le witbin ttie 
 respective perioils prescribed by the section. 
 
 The Act recpiires, however, that the cause of"\Viifni 
 disability must not arise from the "wilful neglect ;JJ|;;'.J '."' 
 or default "of the party registering the will, in i''!-''^: 
 What will be deenu'd a " wilbil neglect or default," 
 so as to deprive a devis("e or other party interested 
 from the benefits of this section must of course 
 depend upon tbe circumstances surrounding each 
 case. It has been said, tbat it would be repug- 
 nant to bold that mere knowledge by the devisee, 
 or other party interested, of tbe contents of a will, 
 which is not forthcoming, would amount to a "wil- 
 ful neglect or default," tbe statute nuiking no 
 distinction between tbe devisee wbo knows, and 
 one wbo is ignorant of, such will or its contents (2). 
 
 The phrase " shall be a sutlicient registration MpmiinK 
 
 (1) McLeod V. Truax, 5 O. S, 4.10. Hoe ]>. '208 ante. ^'^'""'"^ 
 
 (2) Cbadwick v. Turner, L. li., 1 Cl... 317. 
 
 I 
 
111!;' 
 
 p 
 
 ■U 
 
 it 
 
 278 
 
 RK(HSTK1UN(1 Oil O.MITTINCi TO RK(iISTEU. 
 
 fCUAP. 
 
 I S75. 
 
 """.*"""'''"' within the mcaniiiL' of this Act" evidently means 
 tion, &(•.," a registration, e(iuivalent in its enects to a regis- 
 tration made within twelve months next after the 
 testator's doath had no impediment occurred (1). 
 Operation It is to be observed that the section, in declaring 
 
 of section. -n i i i> t i < -• . ■. 
 
 unregistered wills to be fraudulent and void as 
 
 against subsequent purchasers and mortgagees 
 from the heir-at-law, operates only in favour of 
 those purchasers and mortgagees who have given 
 value, and who have acted in good faith ; these 
 requisites being essential, undfr the Act. to the 
 validity of prior registration. The failure of the 
 devisee, or other i)arty interested, to register the 
 will within the proper time, does not confer any 
 advantage to a grantee from the heir-at-law, if he 
 be not a boixi fide purchaser for valuable consider- 
 ation ['!). A conveyance by the heir-at-law, for a 
 nominal consideration, which was registered before 
 the will, notwithstanding that the latter was 
 registered subsefjuent to expiry of the twelve 
 months next after tlie testator's death, has been 
 held not to defeat or postpone the devisee claiming 
 under the will {'6). So, where the plaintiff claimed 
 under a will, and the deiViidant claimed title under 
 a deed from the heir-at-law, registered before the 
 will was recorded, it was held, that, to give 
 priority to such deed, it should be proved 
 that it was given for valuable, although not 
 necessarily for a money, consideration (4). 
 Thougli the grantee of a conveyance from 
 an heir-at-law, registered prior to the registration 
 
 (1) Wilson, 18. 
 
 (•2) Doe il. Ellis v. MoGill, 8 U. C. R., 224. 
 
 (3) Wilkinson v. Conklin, 10 II. C. P., 211 ; s.-o Doe d. Major 
 V. ItcynoUls, 2 U. C. R., 311 ; Doc d. Piinoe ct al. v. Oirty, 'J U. C. 
 K , 11 ; Baby f/i/i tarn v. Watson, 13 U. C. 11., 531. 
 
 (4) IBondy v. Fox, 29 U. C. K., (i4. 
 

 CHAP. X."; 
 §75. J 
 
 DESt'RIPTION Of LANDS IN WII.T,. 
 
 27J) 
 
 was 
 
 give 
 
 Iroved 
 
 not 
 
 i-i)- 
 
 from 
 
 ktioii 
 
 Major 
 I'.tU.O. 
 
 of the will within the statutory period, may not 
 
 have given any valuable consideration therefor, it 
 
 is clear that his assignee hn- value without notice 
 
 of the will and. before registry thereof will retain 
 
 priority (I). But in such a case, should the will 
 
 be registered prior to the conveyance to the 
 
 assignee, the hitter's title will be defeated : as the 
 
 registration of the will being notice thereof, the 
 
 assignee cannot claim any priority by virtue of the 
 
 position of his assignor, for the latter, having 
 
 given no value, had no priority as against the 
 
 devisee. 
 
 It is no objection to the registration of a will, ^^'" '"''.'^ 
 . •' . not. iiMi-Uc- 
 
 changed m its most material contents, or other uliur/e 
 
 wise, that it affords no information uixjii the face ''""'i* '^^"" 
 
 . . . . • ^'''•ii'- 
 
 of it what lands are atfectod by it ; such a devise 
 
 will pass the title as against a subse(juent piir- 
 
 chastr from the heir-at-law (2). Semble, that 
 
 under the old law, a will was sufficient to pass the 
 
 estate though unregistered, where no previous 
 
 transfer of the property had been registered (:}). 
 
 It will be Seen, from a consideration of tliisl^''«>ilt «f 
 section, and the decisions bearing thereon, that an 
 intending purchaser from the devisee should insist 
 upon the will being duly registered, and satisfy 
 himself that it is registered within the proper time. 
 AVhere it can be obtained, the most prudent plan is 
 to secure, in addition, the concurrence of the heir- 
 at-law, unless he should also be the devisee (4). 
 
 It has been said that descent to the heir, and Lease- 
 transmission of leaseholds to the executor, are 
 not within the provisions avoiding devises under 
 unregistered wills,. and that a registered purchaser 
 
 (1) ^ee \)Hge 2'2'2 ct scq. 
 
 (•2 1 Doe il. Lowry v. Giant, 7 U. C. II., 125. 
 
 (.'{) Doe (1. Link v. Ausniuu, Tay., 227. 
 
 (4J See p. 270 ante. 
 
 cisionsj. 
 
M . f'l 
 
 } 
 
 Kr'- M 
 
 
 mit ^' i ' *^ 
 
 ; 
 
 1 i ' '^ 
 
 
 ip'i 
 
 11 '^ ' 
 
 ■ 
 
 
 280 
 
 REOISTERINrr OK ()MITTIS(J TO RKCilSTKK, 
 
 rcHAP. X. 
 
 L ?V.J. 
 
 from the hoir or oxecutor would be entited to pri- 
 ority over an unregistered purchaser from the 
 deceased (1). A purchaser from a party appar- 
 ently entitled hy devolution or act of law. who 
 registers his deed, will not be defeated by a i)rior 
 unrt'gistered deed of the ancestor, or by bis will, 
 if tlic saniL' be not registered in pursuance of this 
 section ("ii. A person who })urcbases land fi'om 
 the heir-at-law with notice of tlie terms of the will, 
 l)ut under an erroneous imi)ression as to its proper 
 construction, cannot set up, as against the claim- 
 ant un(Un' the will, the defence of a purchaser for 
 value witliout notice (;i). 
 
 Under the New Brunswick Registry Act it has 
 been held, that a deed from an administrator, under 
 license to sell foi- ]-»iym(!ut of debts, wns valid 
 against a hona n-lr jnn'chaser. for value, from the 
 heir; although ili ■ dt'cd of the latter wns first reg- 
 istered, a,nd the application for the license was 
 not made until nine years after the death of the 
 ancestor (4). 
 
 In ls;{l A. devised his farm to his widow in fee, 
 and left her in possession. The will was never 
 registered, and shortly after the testator's death 
 his eldest son and heir went into possession with 
 his mother, and so continued until his mother's 
 death in 1854 ; the son managing the farm, and 
 being the reputed owner during this period. After 
 his mother's death he was in sole possession, and 
 in 1802 he mortgaged the premises to a person 
 •who had no notice of the unregistered will, or of 
 the widow's title ; it was held, attirming the decree 
 
 (1) David Con. vol. 2. 770. (n) diKsenting from Mr. Diirt. 
 ('2) Bythewood Conv., 002; see Blades v. Blades, 1 Eq. Ca. 
 Ab.,3o8, pt. 12. 
 
 (H) Smith V. Bonnisteel, 13 Gr.; 29. 
 
 (•1) Doe d. Boweu v. ilobertsou, .) Allen, 134. 
 
CHAl' X.I 
 
 S7(l. J 
 
 i>i;ki)S on s.m.k foi; r.wi.s. 
 
 •2s 1 
 
 in tVc. 
 never 
 
 (IclltU 
 
 lother'rt 
 
 After 
 
 in, awl 
 person 
 , or of 
 decree 
 
 iiirt. 
 Eq. Ca. 
 
 in the Court IjoIow, that tlie widow's lioirs could 
 not claim the property aj:;aiiHt the inort^'a,:^ee (I). 
 
 'rho best evidtaieo of intestacy is the projiu-tiou 
 of the letters of administration cii. 
 
 7(i. l'',V('i-y (Ircil iiiiidc liv 11 TicKiiii r or otli''!' (itli'-cr for 
 anvar-; of tax^s slmll h > rt'j,'i-iti'rt'il witliiti riihtiTii m ]ntli> aftiT 
 till' sale liy siii:li 'ricasiirci' or otlicr ollii- 'r , ami all di'i'ds of lif;,'istry 
 laiiils sold iiiidrr ))roci's.s issii.'d from any of tin' Courts of Fiaw of di'cds 
 or Ivinity in Ontario shall lie n'.u'isti'rrd within six nionlhs after on sales 
 the sale of such lands ; shall not \>- deemed to have jtn'served for taxes, 
 their ))riority as nKainst a iiurehaser in ^jood faith who has re<;- q^Jh.j. 
 istered his deed jirior to the r.^;;istratic)n of such deed from the ^,ii,,^ 
 I'r.asurer or other olli 'er. 'M \' , c "iit. -. ."s, Si-r also ^ic. m,,!^,,. .„.q. 
 Slut , c. ISO, s. 1"»1. ,.j.^^ „{ 
 
 This section niiikes provision for the r( gistration^'^'">'t- 
 of two classes of instruments: the one comprised I^JIH^^f"' 
 of deeds of land sold for arrears of taxes; the wi'i^tion. 
 other embodying deeds of land sold under process 
 issuin<:; from the several Courts of Law and l'i(piity. 
 Purchasers under the former class must, in order 
 to preserve their i)riority, effect a registration 
 within eighteen months from the date of the sale 
 by the Treasuri'r or other ol'ticer : while those 
 claiming under the latter class are allowed but six 
 months after date of sale for that )»urpose. As it 
 will be more convenient to consider tlu' instru- 
 ments mentioned in this section in the order refer- 
 red to therein, the subject of deeds for land s(dd 
 fur arrears of taxes will first claim our attention. 
 
 The authority to sell lands for arrears of taxes Origin of 
 
 was originally conferred by the Act C>. (ieo. IV., I,",',! j'^,^" 
 
 cap. 7, by which Act the Clerk of the Peace in t'lxos, 
 
 each district was required, u[)on receiving returns, J 7'. 
 
 from the several Treasurers of lands chargeable 
 
 with arrears of taxes in such district, to issue a 
 
 writ directed to the Sheriff" of the district, recpiir- 
 
 ing him to levy the amount of arrears together 
 
 (1) Stephens v. Simpson, 12 Or., 4 1 3 ; 1") (Jr., o'Ji : see liykert 
 V. Miller, 14 Gr.,2r). 
 
 (2j Dart V. & P., o Ed., 311. 
 
 19 
 
2H2 
 
 HEGISTERINO OR ()MITTIN(i TO KKCISTKU. 
 
 r<iiAi'. X. 
 
 "with his ff't'H. The hinds wore to he advovtiscd hy 
 th(; Sheriff, and sohl at j'uhlie auction after the 
 exi)irv of six months from the delivery of the writ 
 to him. Upon payment of tlie purchas(> moncv 
 the Sheriff was to f^ivc a certilieati' of such sah.' to 
 the purchaser, who was then permitted to enter 
 into possession. The owner could, however, 
 redeem within one year from (hite of sah', upon 
 paying the taxes, interest and expenses. \'\H)n 
 his faihirc to nMU'cni, the Slicriff for the time 
 heins, was ohli{:;ed, uiion the dcniiind of the pur- 
 cliaser, his heirs or assif^ns, to exfcutc a convey- 
 ance of the lands in fee simple to him or them. 
 Before the Sheriff" delivered such conveyance lie 
 was re(piired to deliver to the ]ie<fistrar of tlie 
 County, wherein the lands were situate, a certili- 
 cate of such sale, under the hand and seal of 
 office, in which was to apjiear the name of tlic 
 purchaser, the sum i)aid, the numher of acres 
 sold, the numher oj- desij^'nation of the lot of 
 which such lands formed a i)ortion and the date of 
 the conveyance. This certilicate could comprise a 
 schedule of any numljer of conveyances, an«l was 
 of itself declared to he a sut'ticient authority to 
 the llegistrar, in lieu of a memorial, upon which to 
 register the conveyance or conveyances referred to 
 therein. The Registrar was authorized, upon re- 
 ceiving such certificate, and upon the production of 
 any conveyance mentioned therein duly executed liy 
 the Sheriff", to enter u[)on the Registry a transcript 
 of such conveyance ; the entry heing deemed a sufii- 
 cient registration. No provision was made by 
 that Act for the registration of the cc^rtitieate 
 its(df. It was not recjuired to he entered in any 
 hook, and merely served the i)urpose of a check. 
 or index, of such Sheriffs deeds as might i)e 
 
iy\ 
 
 CHAP. X. 
 
 m\ by 
 ,('1* tl»() 
 10 writ 
 
 Htllo t(» 
 ) I'llttV 
 
 nvovcr. 
 [>, »i|)(>n 
 rpon 
 U' timr 
 lie \nn-- 
 convi'V- 
 
 >V tlH'lll. 
 
 iinco lie 
 r of thr 
 tv ct'vtiti- 
 80 al tit 
 ic of tlu' 
 
 He lot nf 
 (' (late iif 
 in\)visi' 11 
 iin>l was 
 liovity to 
 whicU to 
 fevrfd to 
 upon ve- 
 uction of 
 ecutetl liv 
 ranseript 
 ed a sutVi- 
 miatlo t'y 
 crtitWato 
 
 a in any 
 a cht'ck, 
 
 Iniiybt i'L' 
 
 (HAP. X. 1 
 §70. J 
 
 DKKliS UN S.\l,i; FOlt T.XXKS. 
 
 2H8 
 
 l)rouKlit to him for rof.;iKtrv. The cortilicate oonld 
 Ito <;ivi'n l>y tlic Shcrilf who had sohl the hind and 
 executed the conveyance, iiotwithHtancHn^' that at 
 the date when the eertiticate was given* lie ini^'ht 
 he out of otHice 1 1 i. The Act did not reiuhr ri'^'is- 
 tration of such deeds for taxes coinimlsorv. nor 
 did it ri'ciuirf rf,t;istration where the tith- tit the 
 hinds pn-vious to tln' side was an unrej^istercd diif ; 
 lUiichasi'i'H un(h r siieh (h'cds heing phictul upon 
 the same footing,', in tliis rrspect. as grantees 
 inuhj' any othi r kind of conveyance. 
 
 In an action of ejectment the plaintilV claimed 
 under a tax sah' made in IHHl). The SherilVs 
 deed therefor was executed l<»th July Islo, lait 
 wMs not registered until ISth July isdl. The 
 defendant claimed under the heir at law of the 
 }iatentee hy deed, dated lUth A[ay iHoTj, and regis- 
 tered 5th July IH;');!, i)eiug the lirst deed ri'gistered 
 uiu»n the land. The defi'udant claimed prim'ity 
 hy reason of prior registration ; hut it was Ik Id, — 
 Wilson J. (liiiSi'iiiiiiitf, — and suhseqru'ntly ;;llirmed 
 on appeal, that the title, being an unregistered 
 one at the time the Sherifjf's deed was executed, 
 did not re(piire registration to preserve jtriority (2). 
 It is to be remembered, in connection with tiie 
 case just cited, that by the Act 18-14, Vic, cap. 0;}, 
 which came into effect 1st January iHol, tlie dis- 
 tinction between registered and unregistered titles 
 had been abolished, and registration was no longer 
 optional. As that Act had, however, no retro- 
 spective effect (3), it could not assist tln^ defendant 
 in that case. 
 
 (1) Junes V. Cowden, 3-1 U. C. II., ;il5 ; atT'J on aininil, '.U\ U, 
 r U., 495. 
 
 ^^l) II).; aeo page 207 «»^'. 
 
 {'■ij Campliell v. Cunipliell, ti Gr., GOO. 
 
I 
 
 -2Hi 
 
 HK(iIM KlUMi (»H O.MHIINO Ik HI fils'l i;ii. 
 
 ( . 11 \l', X. 
 
 I J Til. 
 
 Kl't'.'ct cf 
 rlaiiwf. 
 
 iLiuai..,! 'I'lip ^ct, (',, (i,.,,. IW. ciii. 7. was niicjih'd l.v ilic 
 
 liV I •( 1 1 
 
 Vie , c. fl(i. Act 1:5 II, \'ic.. Ca]). (1('». wllicjl COlltlUlKHJ II clilUSf 
 
 to tlio c'lVi'ct tlmt siicli repeal siioiiid iint alVect aiiv 
 taxes wiiieli iiad accrued and were actually due 
 at the time the rei)euliii^ Act caiiie into force, or 
 any remedy tor the enforcement or recovery thereof. 
 11 uas held that tins exeeption did not continue 
 the powrr of the SherilV to convey lands sold jirior 
 to siudi rrpeal. and therefore that nothing' passed 
 by a deed executed hy a Shei'lft in iHli'i of lands 
 Hold hy hini in IH'.U), for arrears of taxes i I ), 
 
 Many of the provisions of th(3 Act <». (leo. IV., 
 cap. 7, were re-enacted hy the Act 1;{-11. \ic., 
 cap (17, >vhich re(piired the Sheriff or Hi<.;h liailitf, 
 upon selliii}; hintls for arrears of taxes, to <^ive to 
 the purchaser a (H;rtilicat(! of such sale, stating' in 
 such certiticate that at the ex])iry of tliree vears 
 from the date thereof, a conveyance would he exe- 
 cuted by the Sheriff or Hi}:;b IJaililT upon demand, 
 providi'd the lands were not redeemed in the 
 meantime. I'pon non-redem[)tion, th(> purcdiuser 
 obtained his deed, and was further entitled to 
 receive from the Sheriff or iligh JJaililf a certiticate 
 of such deed being executed and containing the 
 same particulars as those mentioned therein. 
 This certiticate answered the purpose of a memo- 
 rial, and, upon production to the liegistrar of the 
 certificate and tbe deed, the latter could be regis- 
 tered. 
 Defect in The ouiissiou in the Act 13-1-i, Vic, cap. (Id, 
 
 Vic ^c.~Go!''^P'^^^'"o ^^^^ ^^^* ^'' ^^^^- ^^ •> ^'"^P ^' *° pi'ovide for 
 the registration of Sheriff's deeds for lands sold 
 
 for taxes under the repealed Act created much 
 
 inconvenience, as such deeds could not be regis- 
 
 (1) Bryant ctal., v. Hill, 23 U. C, R., !)(! ; followed in Cotter v. 
 Sutberlauii ; Stevens et al v. Jacques et al, 18 U. C. P., 357. 
 
"I 
 
 - « M 
 
 I MM'. X. 
 
 UKKUS 01' ^AI.I■: iMil TAXES. 
 
 •285 
 
 t( r.(l iipiii tilt' ('crtilicatcs rctVn'ril to in tlio Act 
 l:i II, \ ic. r;i|i. CiC). Tlii-^ (jell ft w.is not riiUf- 
 iliril until l.v til.' \r{ hi, \i.'.. rap. iS'i. sec. fid, it 
 \\a> iii-o\iil(Ml that, not witlisfanilin;^ the i'f|>fal of 
 the Act i'», (ii'o. I\'., cap. 7, llc^'istnu's were ini- 
 powcl'cil to rc^'ist.'l' (Iccils I'of laliils sold uiiiU'i' tliiit 
 Act accoi'din)^ to provisions. 
 
 Tile .Vet l:{ II, \ic., cap. liT, was rcpc'iilcd by l'> Vic . 
 
 ' t' IH'J 
 
 tlic .Vet 1(1, Vic, cup. IS'J, wliicli, however, excepted 
 tidui tliu ell'ect of such repeal any rates or taxes 
 accrued at the tiiuo tlio hitter Act came into force. 
 Followiuf^' the rulin<^ in Hryant v. Jlill, it was held 
 that this excei)tiou in the repealinj,' clause confer- 
 red no power to coni[)lete inchoate proceedings 
 instituted under the repealed .Vet, and that tlic ■ 
 Sheriff was disabled from executing a conveyance 
 of lands sold hy him prior to the })assing of the 
 Act IG, Vic, cap. 182 (1). 
 
 Upon tho consoli(hition of the several Assess- Cunsoii- 
 nient and Kegisti'y A(!ts ni 18. )W, the necessary asscss- 
 proof for the registration of Sheriffs deeds of lands I'"'"'''.^''''^ 
 sold for taxes, whether the sales were effected prior 
 to 1st January, I80I, or subsequent thereto, was 
 placed upon one footing (2). 
 
 The policy of the Registry Act of 1865 being to 
 make registration incumbent upon all parties, it 
 was but proper that deeds of lands sold for taxes 
 should be included in its provisions. 
 
 The authority of the Sheriti', who made the sale Slioriff h 
 to execute such deeds, could be exercised by his elnpower^- 
 successor in office under the Act 27-28, Vic, cap. ^'^ ^^*'"' 
 28, sec. 43 ^3). cedent. 
 
 Where a sale and deed are made by a person out f^'ii'« 
 
 (1) McDoniild V. McDonoll et <il, 21 U. c;. R., 121. '"'^'^'' ^^ 
 
 (2) C. H. U. C, cap. 55, .sees. 151-2 ; C. S. U. C, cap. 8'», h. 35. 
 (8) Bell V. McLean, 18 U. C. P., 41G ; see Kev. Stat. cap. 16, 
 
 B, s. .la-is. 
 
I 
 
 966 
 
 llKiiIsri;HI\(i lilt IIMII TINfi III lll.iMHTKII. ['"*»•• ^ 
 
 I J 7*1. 
 
 piuti.'s of otllicr. thcv avo pnmti fiir'ir ummtliori/cl. mikI it 
 
 lit of 
 
 irtici'. li's upon !i jiavty rdyitif^ tlicrt'oii to prove siicli 
 procc -diiii^s liy such pcisoii wlnn in olVicc, us 
 
 llliu'llt Itf llfrlllCll ill) illCCptillll (l>. It IlilS hccll 
 (plcstiiillnl wllrtlicr fill' law MS to iliciptioil of 
 
 t'Xi ciitiuii or process .■([ipiics (•(piiill\ in tlic c 
 
 isc 
 
 tax sal 
 
 I's as III casi'S ot 
 
 ait's oi 
 
 ami 
 
 llllilrl' 
 
 Tri'nsiinr cXt'Clltion cil. I'lKU'r tllc AsHcSSllK lit Act of ISCiS 
 
 ;J) the jxiwcr of tile Slicriri" to si II lamls fm- 
 
 Hiilistitiit- 
 ed for 
 SlieritY li 
 
 Ahsuhb 
 
 iirrcais of taxi 
 
 nnii 
 of is(;'j. 
 
 iinl to ( X('('Ut(! coiivovaJiccs 
 
 t Act thereof, was taken awav. the Countv Treasiiri r 
 
 1) 
 
 ini,' reijiiired to ('(Miduet the sal 
 
 and 
 
 III 
 
 conjunction with the ^\'al•(Ien. to execute coii- 
 veyiuices to purchasers. The Treasurer is now i h 
 re(|uire(l to e;rant to the purchaser a fertiticate of 
 tile property sold, coiitainin;,' the particulars 
 required liy the statute, under wliicdi certilicate the 
 purchaser heconies the owner, for the i)ur[)o.se of 
 protecting the property sold fr nu s|>oliatioi!. 
 Upon failuri' of redeiiqition after tin* exitiry of the 
 period for redemption, the (h'ed is to ho executed 
 in favour of the piircdiaser. The mode of rec;ister- 
 in,:^ deids of lands sold for taxes varies somewhat. 
 If the land has hcen sold for taxes prior to January 
 1st, IS.")], the deed is to i)e re;^'ister(.'d ou production 
 tiiereof, accompanied hy a certitioate (u) of the sale- 
 to tho purcdiaser under the liand and seal of olHce of 
 tlm SlierilV, statini^ the name of the purchaser, the 
 aniount paid, the number of acres, and the estate 
 or interest sold, tlu' lot or tract of whicdi the same 
 forms part and the date of the SheritT's conveyance 
 to the i)urchaser ; the certificate is to be filed hy 
 
 li McMillnn v. McDniKild, L'Ci V . C. U , 154. 
 
 (II 
 
 11. 
 
 (:!| 'A'2 \'u'., cup. :>(). 
 
 Ill Rev. ^tut. (Out.), axp. ll^O, s. 110 c? scj. 
 
 (.5) See foim in AiUK'Hilix A. 
 
(11*1 
 
 KXKitniuN iir I AX HK.I.KS. 
 
 '2H7 
 
 llif l{('^;istnir niitl ii triinstrrijit of tlif cniivrviuico 
 riitcrrd 1)V liiiii ill till' i)r(>|nr rtt^istr\ lioolis 1 1). 
 WlitTc tlir liiiiiU wiTc s.iM 111 twffii .Iiiiiiiary 
 1st. IH.")!, iinil .liimiiirv 1st. IHin;, flic Sh.ritl' 
 must •^ivf tlif |)iir('liiiscr u ccrtirK'ntc coiiiuiii- 
 
 iii^' siiiiilai- |inrti<iiliirs, 
 
 , liirli ('crtirK'ntc, t'i>r 
 
 llir |Mir|Misf dt' ni,'istniti()ii of tlif ilnil, is tn 
 111' (III iiicd a iiitiiinri;il tlitrriif. (hi |ii'i)(hi(-tii))i 
 111' llic (It I'd ami this ccrtilicatc tiic dcrd is to 
 
 I't j^istfi'i'd witlioiit liirtlicr proof rl^ 
 
 W 
 
 uru 
 
 till' land liiivc liccii sold siiu'c Isl .laniiary. isC.;', 
 the deed la'iii^,' cxccutt'd III diiplii-atc under tlit,' 
 seal of the nninici[tality and the sii^naturc of the 
 Trc'iiKiircr and Warden is to be ri'i^istt-rod upon tlu! 
 uiero production of the deed in dui)licate without 
 inort! (;}), 
 
 For forms of Sheritrs and Treasurer's deeds 
 see Apl)en(lix A. 
 
 A Sheriffs deed of land sold for taxes under theSluTitT 
 Act ('», (ItK). 1\'., ca[). 7, was held to pri vail ai^ainst 
 a patent suhsetpiently issued to the ori^'inal nom-P"'t''>t- 
 inee (4). Su(di a deed hinds the tstate of cNcry one 
 claimin}^ under the title of the original nominee of 
 the Crown, whether by descent or otherwise (,')), 
 
 suit- Ix'fnr 
 
 i.ssiii' "f 
 
 'I'l 
 
 le wort 
 
 Is " T 
 
 reasurer 
 
 am 
 
 )ther 
 
 -Hi 
 
 oun-er 
 
 III 
 
 Fiiti'i'iire- 
 tiitiiiii of 
 
 elude the occniiants of sutdi ol'tices at the date w,,nl 
 of the execution of the deed ((>). 
 
 The deed can be executed by the Sheriff ii 
 favor of the assignee of the highest bi(hl('r ^7>. 
 
 " 1 ic'is- 
 iirir, ' Xx. 
 
 (1) l{(^v. Stat, (Ont I, iM)!. ISO, .s. 1;V_>. 
 \-2) 11)., s. }r,:\. 
 
 (:5) 111., s. Its rt .,',7. 
 
 (41 Clmi-les v. DuliiiiiKc, 1 » [t, c. h., ^m:,. 
 
 (")) Kvckiniiii V. Villi Volti'iilmi't.,' rt nl., I\ \' . C P., 38.";. 
 
 (()) Ht'v. Stilt. (Out.), Clip. 180, s. 11:1 ; sec Fcr!,'US(.ii v. Kree- 
 niini, 27 dr., '211. 
 
 l7) Ddc (1. Bell V. Ueiiiimorc (>/ (7/,, 3 0. S., 'ii;! ; Doe il. Bell 
 v.Orr, .') (). S., im. 
 
 4! 
 
288 
 
 i;i'.(iisiKi;iN(. (ii; o.MriTiNd to kkcjisi i;i;. 
 
 
 Taxes 
 must 111' 
 " in iu- 
 rt'iU's.'" 
 
 Tt is ossi-ntial that the tiixos should be "in 
 iUTciirs." Apart from the exclusive application of 
 this section to deeds of lands sold for "arrears'" of 
 taxes, it is clear that a deed. puri)orting to hv 
 made in pursuance of a sale for taxes, where in 
 fact no "arrears" existed at the time of the sale, 
 is utterly void, and is not cured hy \\\o. one hun- 
 dred and lifty-lifth section of the Act 82, Vic, cap. 
 nn (1). 
 
 The object of this section is to compel a pur- 
 chaser to register his deed; his omitting to register 
 the tax deed within the presci'ihed period will 
 render it void as against a purchaser in good faith 
 who first registers. If tlie purchaser under a 
 tax sale neglects to register his deed within the 
 eighteen months from the date of sale, he will lose 
 the priority which he otherwise would have under 
 this section against a purchaser or mortgagor 
 from tlie owner, who, without notice of such 
 sale, duly registers his conveyance before the tax 
 deed is registered ('2). Tills section applies as well 
 between several purchasers at successive sales for 
 taxes, as between a purchaser thereat and the 
 vendee of the owner (3). A purchaser at a tax 
 sale, who enters into possession, and improves the 
 property, but neglecting to register within the 
 proper time, is postponed to a bond Jiile purchaser, 
 from the owner, may nevertheless be entitled to be 
 paid for his improvements under the ir)9th section 
 of the Assessment Act (4). 
 
 A sale and conveyance for taxes cuts out th»^ 
 
 (1) Hiiniiltun v. Kgglettm, 22 U. C. 1'., 58t) ; ProuJfoot v. 
 Austin, 21 Gr., r>M\; Waijels v." Bull, 29 U. U. P., 103; sit) 
 How(! ft iix. V. Thompson. M. T., «i Vic. ; Myers v. lirowu, 17 
 U. C. r.. Hil7 ; McKay v. Chiysk-r, .4 Sup. Ct. K., 480. 
 
 (2) Smith V. McLiindrcss, 20 Gr., 17. 
 
 (3) Aston V. Innis. 2») Gr., 42. 
 
 (•4) lb., see Churcher ct al. v. Batea et al., 42 U. C. It., 4C0. 
 
 r t 
 
 ii 
 
ciiAl'. X. ; 
 
 JVC. 1 
 
 SHEI.IKK S 1)KE1>S, lOIC 
 
 289 
 
 (lower of the owner thereof in tlio juirt sold and 
 conveved i^l. I i'or fuller infornnition of the essen- 
 tial requisites to tlie validity of tax sales, the 
 reader is relVrred to Mr. Taylor's excellent treatise 
 upon 'I'itU s {'2). 
 
 j)eeds of land sold under process at law or l^^e'l^^ 
 equity ^vill next be ])rietly referred to. liy the[!^,^V'''^ 
 Imperial Act 5, (leo. 11.. c. 7, it was enacted 
 that real estate lyini,' witliin tlie iJritish American 
 plantations should be chargeable with the debts, 
 duties and demands of the owner thereof, and 
 should he assets for the satisfaction of such debts 
 in like manner as real estate was liable by the laws 
 of England at the time that statute was passed ; 
 and shouUl be made subject to the like remedies,- 
 proceedings and process in any Court of Law or 
 K(juity in such i)lantations for the seizure in exten- 
 sion, sale or dis[)osal thereof in the same way that 
 personal estates were seized, sold and disposed of 
 for the satisfaction of debts. Upon this statute is 
 based the practice of seizing and selling lands in 
 this Province under legal or equitable process (8). 
 
 Until a comparatively late date writs against prio,- to 
 lands could not be issued, unless a writ of execu- •'! Y'*^'., 
 tion against the goods and chattels of ihe exe- uKainst 
 cution debtor had previously been issued and'*^"*/? ^ 
 
 i '^ ooiilil net 
 
 returned niilln hoiui (4) ; but, this operating injur- i«siie be- 
 iousiy to the rights of creditors, it was provided „°'ii,ist 
 by the Act ;{1 Vic, cap. 25, that writs against ""'"•^''«'- 
 
 111- 1 • 1 ■ 1 • tiirned 
 
 lands could be issued smiultaneously with writs nulla 
 
 against goods, and placed at the same time in the^"""' 
 
 Sheriff's hands, in order that the lands might 
 
 become bound from the time of such delivery. 
 
 (II Toiuliusou V. Hill, 5 Gr., 231. 
 
 |'2) p. 1)1 ft seq. 
 
 (IJ) Giudiiier V. GiTcliiicr, 2 0. S., 520. 
 
 (4) 43 (ieo. III., cap. 1. SH. 1-2. 
 
200 
 
 RKOISTKRINC OR OMITTING TO RKfaSTKR. 
 
 'f-HAP. X. 
 
 - ?7li. 
 
 Lands 
 hounil 
 from de- 
 livery of 
 writ to 
 SherilT. 
 
 Wliat tli(i 
 writ hinds, 
 
 Has not 
 priority 
 over niort- 
 gn^o upon 
 after ac- 
 quired 
 lands 
 xiven to 
 securi^ 
 ))iirt pur- 
 chase 
 nionev. 
 
 The lands, however, cannot be sold until after the 
 expiry of twelve months from the date of delivery, 
 nor until the writs ap;ainst the goods and chattels 
 are returned tiidla hoini in whole or in part. 
 
 Lands are hound as against the purchaser from 
 the execution debtor from the time the writ is 
 delivered to the Sheriff; such a writ being, in this 
 respect, placed upon the same footing as a writ 
 against goods (1 ). 
 
 The writ binds not only the lands of the debtor 
 wliioli he possesses at the time of the delivery of 
 the writ, but also such as he may afterwards 
 acquire during its currency. Where lands were 
 conveyed to a purchaser, against whom judgments 
 were registered, and executions against his lands 
 were in the Sheritrs hands at the time of the exe- 
 cution of the conveyance to him, it was held, that 
 the judgments and executions attached upon the 
 land so conveyed ; and had priority over a mort- 
 gage, ^^hicll had been executed by the purchaser 
 to the vendor, to secure a balance of the purchase 
 money, upon the same day that the conveyance 
 was executed (2>. 
 
 It ife' quite clear, however, that the doctrine of 
 writs against lands affecting after-ac([uired lands 
 does not apply in cases where the execution debtor, 
 at the time of purchasing such after acijuired 
 lands, gives a mortgage for the security of the 
 purchase money therefor. Such is the rule in the 
 State of New York and many other of the United 
 States (;•]). If it were otherwise, transactions in 
 the transfer of real estate would be attended with 
 great danger, and receive a severe check. The 
 
 (1) Poe d. Auldjo v. Hollister. 5 O. S., 7:!'.». 
 
 (■J] Kuttan v. Leviseonte, Ki U. V. \i., i\)r>. 
 
 (3) See 4 Kent's C'oiuni.. liJ") ; Jones on Mortgages, s. 4G4. 
 
 u 
 
t'HAP. X.l 
 §70. J 
 
 SHKriFi-'s DKEDS, ETC, 
 
 ati 
 
 case of Piuttiin v. Lcvisconto uppoars to havo been ''"itf^i^" v, 
 decided ui)oii the j:!rouiid, that by the execution of ..onto. 
 t\w conveyance to tlie execution debtor, the hitter 
 obtained the le^^^al estate ; and, although this was 
 but for a moment, that it was sul'ticient for the 
 ])urpose of ciiabliu'j; tlic ju(l<^'m(nts and executions 
 against him at the lime to attach against the land 
 to tlie [)rejudice of the mortgage. Little stress, 
 however, a[)peiirs to have Ix'^n laid U[)on this 
 point, as it was considered to be a mere teclinieal 
 one and, to be met or averted without diftieulty by 
 resorting to the vendor's lien, liurns J. after 
 stating the ([Uestion "whether lands purchased by 
 the judgment debtor, during the currency of a 
 writ against his lands, but for which lands, in- 
 stead of pjiying the purchase money in full, he 
 executes a mortgage thereon some hours after he 
 has received the conveyance to himself in fee, are 
 lial)le to the writs ot execution in the hands of the 
 Sheriff at the time of pun-base," says, " I think, 
 by the i)laintilf executing a conveyance transfer- 
 ring the legal title to the judgment debtor, he sub- 
 jected the property to the legal effect of the execu- 
 tions in the Sheriff's hands, and I do not think he 
 ac(piired back the legal title by means of the mort- 
 gage shortly after executed to him, so that it 
 would exclude the writs attaching in the mean- 
 time. This, however, is merely hi a lc<i(il point of 
 vieir, and there really is very little use as it 
 appears tt) me, in our being asked to consider a 
 question in this Court, which can be (»f no i»racti- 
 cal use to the parties, for, without doubt, the 
 l)laintitf would have a good remedy in eipiity to 
 charge the estate bv wav of lien for the remainder 
 of the unpaiil jjurchase money to the exclusion of 
 the judgment creditor." 
 
la iii 
 
 h' '11 
 
 M' 
 
 292 
 
 l!K(USIi;i{(N(; OR ()MITTIN(i TO H K(i ISTKR. 
 
 I (HAP. X, 
 
 L S70. 
 
 Potts V. 
 M(.-yoi 
 in or 
 
 Althoii,i:;li it bits hcon held tliiit t\w widow of a 
 vendee, who, ininiediiitely mort«j;af,'e(l baek to the 
 vendor to secure the payment of the purchase 
 money, was entitkd to dower as af^ainst the mort- 
 gagee (1), yet the judgment in Potta v. Mci/ns was 
 not unanimous, and it was admitted that the doe- 
 trine enunciated savoured of injustice, attention 
 being drawn to the fact that in many of the 
 American Courts it liad been held tliat in such a 
 case the wife would have no dower. Tiie case of 
 liiittidi V. Jjcrisconte rested upon the decision in 
 I'otfs V. Meyers, the authority of which has been 
 nilctl virtually over-ruled by a late case, wdiich decides 
 that the widow of a mortgagor, who iuid given 
 several mortgages upon his lands, some of the 
 mortgages being given to secure unpaid purchase 
 money, and others to secure payment of money 
 borrowed, is entitled to dower upon the sale of 
 the lands under a decree out of the amount real- 
 ized, deducting however therefrouj the amount of 
 the mortgages given to secure the unpaid purchase 
 money (2). It may also be observed that as an 
 execution creditor is not a purchaser within the 
 meaning of the Registry Act, he clearly lias no 
 ecpiity against the mortgage given to the vendor 
 to secure balance of purchase money (3). 
 
 It is expected that the execution creditor should 
 point out to the Sheritt" the lands of the debtor, 
 after iiiii(l8|[j lit his failure to do so will not excuse the Sheriff 
 from responsibility, if by reasonable enquiries be' 
 could have ascertained the fact ; and notice to the 
 Deputy Sheriff of such lauds is equivalent to notice 
 
 (1) Potts V, Meyers, 11 U. C. II,, litO, Robinson C. J. dlsM-n- 
 ticiit,- ; Lynch v. b'Hara. (1 U, C. P., '259. 
 
 (•2) Re Hoi)kins, Barnes v. Hopkins, 16 U. C. L. J., (N. S.), 55. 
 
 (3) See remarks of Si)ragge V. C , Montreal Bank v. Baker, 
 9 Or., at p, 107. 
 
 Sheriff 
 bound to 
 enquire 
 
 mKKr 
 
 y^. 
 
•ItAP. X.] 
 JTU. J 
 
 KXKcrrioN (>K SIIKKlI'l's liKKD 
 
 298 
 
 dissen- 
 
 to the Sheriff (1). A Slicriff's deed, hi'iwy but u 
 completion of the sale, is only j^'ood for lands actu- 
 ally sold ; and a pia> ■ is not estop]ied from sliow- 
 ini,' hy parol that laun^ purporting' to he thereby 
 conveyed were not sold. If it cannot be ascertain- 
 ed from the deed ^vllat was and what was not sold, 
 the deed is l)ad {'!). 
 
 A Sheriffs sale under an execution l)einf; within ^'"'■it'i's 
 the Statute of l''rauds should be evidenced by a within 
 conveyance, ii.s required by that statute (H), and -''.V'" ^^'^ 
 must be under the lumd and sral of the Siieritf. 
 The Btatute im[)osis ui)on the Sheriff the duty of 
 selling, but the necessity for conveyance arises 
 from the .general law regulating the transfer of 
 real estate ; and the provisions of liegistry Act are 
 .as applicable to such conveyances as to any other 
 .description of deed (4). The deed should be exe- ?>' ^^''""^ 
 ;cuted by the Sheritt, and be under his seal ot ottice. cuted. 
 A deed, executed by a Deputy Sheriff, for lands sold 
 under an execution, after the death of the Sheriff 
 to whom the deed was directed, and after the 
 .appointment of a new Sheriff, is void (5). It was 
 formerly held that a sale nnide, and conveyance 
 executed, by a Sheriff while out of oftice at the 
 date of the sale and conveyance was valid, i)rovid- 
 ed that while in (jftice he had acted upon the writ 
 to an extent anu)unting in law and fact to an 
 inception in the execution of it, and had duly fol- 
 
 (1) HutchiiiKs ct al. v, Ihittaii, U. (!. P., lo'i ; McDonald v. 
 duueroii, 1:5 (ir., 84: soi' iMt/.^'ililiou v. DuKgaii, 11 Gr., 188. 
 
 (2) Dim a. Miller v. TilT.iiiy. ;> U. C. R., 71». 
 
 (H) Dot' (1. Tiffaiiv V. Miller, 10, U. C. K., 81 per Burns .1. ; 
 AVithani V. Smith 5 Gr., 20:{ ; Dof .1. Mortat v. HiiU.Tiiy., 510; 
 Min^'aye v. Corbett, 14 U. C. P., ihu ; Doc d. HukIius v. Jones, 
 ;) M. t W., :572. 
 
 (4) Doe d. Bronnan v. O'Neil, 4 U. C. E., 8; Briiyore v. Knox, 
 3 U. C. P., iViO ; Waters v. Shade, '2 Gr., 427; see Doe d. 
 Hugiies V. Jones supra per Alderson B., p. .'577. 
 
 (5) Doe d. Campbell v. Hamilton, G 0. S., 88. 
 

 im\ 
 
 294 
 
 REGISTERIN(; OR OMITTINd TO RK(iISTKU. 
 
 ' CIIAI'. X. 
 
 lowed up such stops after leaving the oflice (1). 
 
 What amounted to an inception was at one time 
 
 not clearly deiined. 13y the two hundred and 
 
 sixty-eighth section of the Can. Stat. U. C, cap. 
 
 22, it was provided tliat an advertisement in the 
 
 Ojlicud Gdzette should he a KutVicit^nt ince^jtion 
 
 ]]y the two hundred and sixty-nintli section (2) it 
 
 . was provided, that. ui)()ti a Sheriff retiring f>'om 
 
 ottice before sale liad under a writ, the sale and 
 
 conveyance relating thereto should he made by the 
 
 incoming Sheriff, and not l)y the retiring Sheriff ; 
 
 but the latter was empowered to complete any sale 
 
 made by him wliile in ofticc. This authority to 
 
 the outgoing Sheriff was taken away by the Act 
 
 27-28, Vic, cap. 28, sec. 48 (;i). 
 
 Keqnisit(>.s The princi})al re<]uisites to the validity of a 
 
 ^f ^^'^j!i,p,?. Sheriff's deed are: (a) the judgment should be 
 
 iff s deed dulv entered, (b) the writ should bo good on the 
 
 under cxe- ' . i/ii t 
 
 cution. face ot it, and (c) the procee(hngs u])on the writ 
 should appear to have i)etn taken during its cur- 
 It was at one time held under the Irish 
 liegistry Act that the Sheriff, being an assignee in 
 law, could not make a subsequent title after a 
 bona fide conveyance for value had been executed 
 by the execution debtor (4) ; but this decision was 
 over-ruled in the House of Lords, who decided that 
 an assignment in law would, if registered, acquire 
 priority over a conveyance from the execution 
 debtor, if registered subsequent to such assign- 
 ment (5). 
 
 A.'s land was sold under an execution in 1843, 
 
 (1) Due d. Milk'i- v. TitTiUiy, 5 T'. C. E., 7'J ; see Hazlitt v. Hall, 
 24 U. C. K., 4.S t ; Bradburii,' v. Hall, 10 tir. olH ; see Douglass 
 V. Bradford, 8 U. C. P., -169. 
 
 (2) See liev. Stat. (Out.), cap. fiO, sec, 43. 
 
 (3) Rev. Stat. (Out.), cap. Ki, sec. 48. 
 
 (4) Fury v. Smith, 1 Hud & Hro., 735. 
 (o) Warburton v. Loveland, 2 Dow & CI., 480. 
 
 Priority 
 
 over deed i"(m(;v 
 
 froui 
 
 debtor. 
 
CHAr. X. 
 
 §7t). 
 
 PRIORITY OK SHKUIFl- S DKKDS. 
 
 295 
 
 l)iit the fthoriff's deed to th« piircliaser was not 
 executed until 1H53. In IH/Vi, A. conveyed to C, 
 who conveyed to plaintiff. 'J'lie last two deeds 
 were registered, but that from the SlieriH' was not. 
 It was held, that notwithstandin-j; the seizure and 
 sale, the lauds remained in A. until assi<j;ned by 
 the Sheriff's deed, it was neverthess well cstah- 
 lished that the Sheriff's deed had relation hack 
 to tiie time of sale, without re^^ird to the 
 interval of many years between the two ; and 
 that, therefoie, the prior rej^nstry of the phain- 
 tift""s title would not defeat the Sheriff's dc^ed 
 (l). Had the Sheriff's deed been executed prior 
 to tlie <hn'ds from A. to C. and from ('. to the 
 plaintiff, it is clear that the plaintiff' would 
 have gained priority. Where the ])urchasrr 
 from the Shcritf neglects to register, ami subse- 
 (punit to such conveyance by the Sheriff', tlu' exe- 
 cution ;lebtor conveys to a third person who regis- 
 ters before tue Sherift"s vendee, the latter will be 
 postponed, provided such third person has given 
 value without notice ('2). The prior registration 
 of a Sheriff's deed gives the Sheriff's vendee pri- 
 ority over an antecedent, but unregistered, deed 
 from the execution debtor, to the same extent that 
 the prior registration of a deed from the party 
 himself would do Ci). A purchaser for value, 
 under a Sheriff's sale of A.'s interest in land, is 
 entitled under the Eegistry Acts to prevail against 
 a non-registered conveyance made by A. prior to 
 the Sheriff's sale (4). A mortgage by the <h'vis!H's .^^^ ,,„,,j,jj.t 
 of an execution debtor, executed subsequent to a ''^^'^'•lpe 
 
 uf the de- 
 (1^ Burnbam v. Dnly, 11 TJ. C. K., 211. 
 {•2) BrnycTi! v. Knox, S V C. 1'., r>2() jtcr Driipcr C. J. 
 (Ml Ddc'd. Bifiiimii V. O'Xeill, i U. C. Li., 8 ; Waters v. Shiule, 
 2Gr.,4.-,7. 
 
 (4) Bruyere v, Knox, mpra. 
 

 
 290 
 
 visci' (if 
 dt'litor. 
 
 KKdISTI'.IUNii nit OMITTING TO liKdlSTHI!. 
 
 [THAI'. 
 
 L J 711 
 
 X. 
 
 writ, against the teatiitor's lamls in liis txcciitovs 
 liiinds bt'ing delivcrfd to the Slit'rilf, vns luld 
 void, iind iis iutcrtVring witli tlu; poswr of the 
 Bhcriff to sell : upon tiu.' ground that [)roperty suli- 
 ject to the writ at the time of its delivery to the 
 Slu'rilV, cannot he withdrawn from its operation 
 hy the aid of the dehtor's devisees or other repre- 
 sentatives ( 1 ). l)Ut a purchaser at Sheriffs sale of 
 lands, sold uuiUt an execution against the devisee, 
 takes in ))reference to a purchaser under a suhse- 
 (pient execution, though prior judgment, against 
 the executor of the tt'stator (2) ; and a hniiii jidr 
 purciiaser for value from the heir or devisee will 
 hold priority, as against a subsequent judgment 
 and execution founded upon a single contract debt 
 of the ancestor; but not if the vendee had notice (I)), 
 or did not give value (4). 
 
 Although the Sheriff's deed relates back to the 
 day of sale, for the purpose of defeating interven- 
 ing conveyances, the vendor is nevertheless unable 
 octition (if to bring ejectment until its execution (o). A 
 
 Shenfl's Sheriffs deed is not to be considered as a mere re- 
 aoo(.l. 
 
 lease in the strict sense of the term (('»). It is 
 
 pniiKi facie evidence of the delivery of the writ to 
 till,' SherilY and of the seizure and sale thereun- 
 der (7) ; and tlie title of the purchaser is not liable to 
 be defeated by irregularities in proceedings ante- 
 rior to the judgment (8). 
 
 The Court of Chancerv will entertain a bill 
 
 Eject- 
 mont can- 
 not lie 
 broil !,'lit 
 
 SlierifT 
 compella- 
 
 (1) Jolinston V. Sowdcn, l!t (ir„ 22i. 
 
 (2) Doe (-1. AuKljo v. HoUistcr, o O. S., 739. 
 
 (3) lleid V. Miller, 24 U, C. R. , (ilO. 
 
 (4) Peckv. Biickp, '2 Chv. Chdin., 294. 
 
 (5) 1)00 li. Proud foot v. Mi^Uae, (5 0. S., .502. 
 (G) Gaviller v. Beaton, 12 U, C. P., 519. 
 
 (7) Doe d. Dissctt v. MeLeod, S U. C. U., 297. 
 
 (8) Doe d. Spafford v. Brown, 3 0. S., 90. 
 
 (9) Doo d. B )ultoa V, Ferguson, 5 U. C. 11., 515; MitnhoU v. 
 Greenwood, 3 U. C, P., 405. 
 
 ' 
 
( IIAP. X, 
 
 J 
 
 PKIOHITV OK SIlKRiri- S DKKD. 
 
 207 
 
 kitnhnU V. 
 
 ii^'iiinst ii SherilT, to compel him to execute a eon- '')•' '." 
 
 I'',i|uity to 
 
 vivunee of })ro[)erty sold by liim nndtr an execu- ,.x,.,•ut 
 ti(ll). to which hill the execution (lehtor shouM he ''*'''*'■ 
 niiiile a party ;U ; and will also in case of miscon- 
 
 duct or fniud, of tlie SheritV, set asid 
 
 e a siile an( 
 
 1 
 
 coll 
 
 viN.aiice hv liini cii. The Courts of Couinion 
 
 aw liave also si 
 
 nmuarv control over tin' Shci' 
 
 ;is an ot'licer oi those Courts i'A). 
 
 W 
 
 icre 
 
 cause is shown, the Court will, after a sale of lands 
 under execution, i)reveiit an assi^'iniient hv the 
 SheritT to the i)urchaser (t). 
 
 Prior to the [lassinj^ of the llej^dstry Act of iHd"), N" iix>'il 
 no limitation existed, within which a Sheriff's ntxistfr 
 deed was re(|iiire(l to he reiristtred : such a deed. '"^'"''''I^*^ 
 
 ', _ (Ict'lt lic- 
 
 tlion,L;li unre;,dstered. could not he di fe:ited hy any f.>n' l!<'i,'. 
 suhse([Uent conveyaiu'e lUiide hy the [tarty whosi' '' '' 
 land had iieeu sold hy the Sheriff lo). 
 
 ISO, 
 
 A sail! hy a Sherilf", under an I'xecuti 
 
 on •\<' 
 
 linst Hdwrr of 
 
 rl.tors 
 
 till' hushand, does not affect the wife's ri.^ht t(» s\if,, ,iot 
 dower ((■)). aiiV<'t(Ml. 
 
 A mortgan;e hy the hushand and wife of the 
 wife's lands having been re<;istered williout any 
 acknowledgment hy tlu' wife of her \villini,Miess to 
 part with her estate, as rt'ipiired iiy statute, and 
 the SheritT havin,!^, after such nu)rti,'a,L,a' and re,^is- 
 tration thereof, sold jind conveyed the husband's 
 interest in the land under a ji-j'a, the deed to 
 the purchaser was registered after the re-execu- 
 tion of the mortgage and the due acknowledgment 
 by th 
 
 wite 
 
 The mort'iae'e, however. 
 
 was 
 
 not 
 
 re-registered after such re-execution and aclui 
 
 o\v- 
 
 1 1 William V. Sniitli, 
 
 (II 
 
 ;> •■.<]■. 
 
 •HV.]. 
 
 •J) Mctiillv. Mciilushliui, (1(.U-., .•{•21. 
 
 \'^) 
 
 ;<) In re Ciiniiil.i'll, rt <(/., 10 U. C H CIl ; f- 
 CnlK'tt. IH r.c. U., i'.tS. 
 
 ( 1) Biiiik of I'piiei Ciiii;ula v. :\rillfr, U. T., n. V: 
 
 in'iiiiiiie V. 
 
 5) Sec Uiiriilmin v. l>iilv 
 
 11 U. 0. 1{ 
 
 ill. 
 
 (Ill l>iiii)ci' on Diiwui*!") ; W!illv(!r v. I'uwcis, M. T., 1 Vie. 
 •20 
 
p 
 
 
 2!>8 
 
 lii;(ii>ii';i!iN<i III! oMiiriNd ro iikhistii;. i '••}]•• x. 
 
 WilU i-(>u 
 iiiK fi'din 
 Court of 
 
 f,'ll:llH'( I V. 
 
 M'rit of 
 
 S('(|IU'Stlll 
 
 tiuu. 
 
 SlllcH I'll)' 
 tllXt'S llc- 
 lolf J til 
 
 Miiich, 
 
 18(1H. 
 
 Ojioratioii 
 oi seutioii. 
 
 Icdf^'inoiit. It was licld that tlic int( rcKt of the Imir- 
 liiiiul ill tilt' land jiasscd to the ))iir('liast r iiiidtr 
 the Slicriir'H dird, to tlic exclusion of tlio iiiort- 
 *,'iii,'('<' ( 1 ). 
 
 I'lidcr tile Ivxfciition Act cii dccn rs and orders 
 ol tilt; Court of Clianct'i'v and orders and rules of 
 the Superior and County Courts for the |ia_vnieiit 
 (if niipiiey. costs, (diaries (U' expenses are enforce- 
 able liy Writs of FiiTi l^'aciiix und I'cihUhnii I'l.r- 
 )niiiit--<. to 1m' issued at tlu' ilistilllce of tlie [lersoli 
 entitled to receive payment ; and the proceedini^s 
 U[ion such writs are similar to those in other cases. 
 LiUids. however, cannot he sold under a writ of 
 seipi 'stratioii [:\]. A mori^iigce piiyiiii,' off a jtrior 
 execution lias a lieu therefor on the lauds, as 
 !i[^ainst ii suhse<juent execution creditor ( I). 
 
 77. WlaMi' di't'ils f(,i' liiiul solil for tuxes, or under pi-occss of 
 law, liefore the fointli diiv of Miircdi, one tliousaml ei;;lit liiindred 
 and si\ly-ei;.;lit. liiive not lieeii ret,'istered witliili one year after 
 the said day, the piuties respectively <'lainiin},' under any sueli 
 sales >liall not he deemed to have ))reserved their ]iriority as 
 attains! a pureiiaser in ^'ood faith who has tieiiniri'd priority of 
 registratioM, ."il V., c. 'ill, s. ")',). 
 
 Section seventy-six (infc applies to deeds for 
 lands sold for tuxes or under process of law suhse- 
 ([uent to the fourth day of Mtireh, 1H()8 ; deeds of 
 this class relating to lands sold prior to that date 
 are provided for by this section, which reiiuires 
 their re^'istriition on or before the fourth day of 
 IMarch, 1809, in order to retain priority. As has 
 ulrefidy been remarked in connection with the pre- 
 ceding section, registration of Sheriff's deeds, 
 either for taxes or under process, was not compul- 
 sory prior to the llcgistry Act of iHtJu. By the 
 fifty-seventh section of that statute it was provided, 
 
 (1) Moffatt V. Green, l U. C. V., 40!?. 
 
 (2) Key. Stat. (Out.), cap. (iO, sec. 72. 
 
 (3) Nelson v. Nelson, V, P. K., 1114, Myer.s v. Myers, 21 Gr. 211. 
 
 (4) Trust & Loan Co. v. Cutbbert, 14 dr., 410. 
 
II W. X. 
 
 iiu'^x."! 'ivw sAi.KH iiKi'iiitr. M\i;rii I ni, 1H(5S, 
 
 2!m 
 
 (■ Ims- 
 uiuli r 
 
 lliol't- 
 
 iilcs of 
 lymcnt 
 iiforcc- 
 
 cedillas 
 
 ■r casi's. 
 writ of 
 f ii l>vi<»i' 
 ukIs, us 
 
 ). 
 
 lit Imii'liiil 
 
 ' yciir llt'tt'l' 
 
 r'luiy •'iii'li 
 juiiiiity H-- 
 jniorily uf 
 
 \\vvih for 
 \v sillise- 
 (leecls of 
 hat (late 
 riMiuires 
 I day of 
 As has 
 1 the pre- 
 is deeds, 
 compul- 
 By tlio 
 
 Iprov 
 
 ided, 
 
 21G1-.211. 
 
 tliiit all drcds for lands sold fi)r taxes, under pro- 
 fess of liiw, prior to the [»assin<,' of that Aet i H. 
 should he re^^'istiTed within one year from that 
 date, otherwise parties (dainiinu; nnder sueh sah's 
 shonld not he deemed to liaVt pleserved theii' 
 priority as against a |i'in'h;i-^er in ,l;o(m1 laitli who 
 mij^'ht have aci|nireil priority of re;j;istriition. 
 When the lli'i^isti-y Act of ls(iS was enacted, it 
 WHS pi'ovided h\' the lifty-ninth section of that Act. 
 (of which till' |)rcseiit .-.ectioti is a re-enactment), 
 that dee(ls for land sold for ta\es nr inider process 
 of law, ]»i"ior to the fourth day of March isds, (the 
 date wlieii thai statute wa^ passed), should he 
 rej^istered within one year tinr'after to preserve 
 such priority. The eti'ecl of llie fitly ninth section 
 of the i'u'.i^istry Act of isiil hein j retrospective, was 
 to I'xti'iid the pi'riod for the re.uiistration of the 
 Sherilf's deeds for lands sold for tav' <-• or under 
 prvX'ess prior to the eiehttciith day of Se[)teniher 
 jHi;,") to the fourth day of ]\hirch .I8(;i>; so that 
 a deed. thou<;h re^nstered suhse(]Ue)it ti> the 
 eij^hteenth day of Se[)temher ]H(i,"). hut prior to 
 the fourth day of Marcii isCili. would retain prior- 
 ity as ai^ainst the persons nieiilioned in the lifty- 
 scveutli section of the Hcf^'istry Act of IHO;") and 
 tifty-ninth section of the llegisti'y Act of LSdd, 
 except as aj^ainst such persons who had ac(piired 
 rights under the former Act, prior to the passage 
 of the latter. 
 
 This section is a declaration of the Legislatnre ()i,jp,;t 
 that all such deeds shall he registered: "and thef'""!'!^" 
 
 •^ he olitlin 
 
 ohject and intention of the framers of the section ed by it. 
 were, that if such deeds were not registered at the 
 time of the passing of the Act, they should he 
 registered within one year thereafter; otherwise 
 (I) 18th Sei)toiiib(ir, 1805. 
 
i 
 
 800 
 
 RKOISTKIllN'i Hi! OMITTINd TO UKKIHTKU. 
 
 f 
 
 VUAt 
 
 purtifs cliiiiiiiii;,' title im<l<r siicli dcrds slioiild lose 
 tlicir priority of title, iis iti,'iiiiist ii purcluiser in 
 ^;()o(l I'liitli, that is, one who piirchiiHes in i;^'noviinco 
 of the tii\ title of the SherilT's vendee "'III. 
 
 As iictuiil notice disphif'es rcj^'istnition. it is cleiii'. 
 
 Icr tiiis that if the purchaser w ho acipiireH jtrioritv of re^;- 
 
 istration is aware of the existence of the Sheriff's or 
 
 Omis 
 
 UIK 
 
 Hcction 
 
 (IdCH llllt 
 
 II 
 
 viilidutc Treasurer's (h'ed, he will not he entitled to plead 
 this or the precedin;^ section in his favour, thouj^h 
 
 if sill 
 
 l|U<>Ilt 
 
 party lias m,,.), ,1,.,,,| 1„. unre^'istercd '"2) ; and it 
 iiotiu).' 
 
 IS essi 
 
 iitial, 
 
 flirtherniore. that he should ha\e ^M\en value (;{) 
 
 The words in the section 
 
 hall not he dernii'd 
 
 to have preserved their priority " necessarily 
 imply a r( coj^nitimi that the parties (dainiin^f 
 under such dee(]s have a, priority. whi(di ini<j;ht he 
 lost or defeiiti'd. if UlU'euistered at the time of the 
 jiassin^f {)\' the respectivt; llejj;istry Acts, and so 
 rciinainiii'r tnn'e'n'stered for a vear thereafter. 
 
 it was held, that a. Slu riiT's deed havine; 1 
 
 )eei) 
 
 roj^dstered hefore the Act of ISC*,") was passed, it 
 was not necessary to. re-rei^dster it undi r the 
 fifty-ninth section of the lU'j^istry Act of hSCiH ( li. 
 Priority in TJie priority (d' the piircduiser under siudi deeds 
 title. means priority ot tith; ; the priority of tho 
 
 Hnhse(iuent })U)'ci!;iser moans prioritv of rofj;istra- 
 tion (5). "The f,. gislature were probahly led to 
 introduce tld/. e.Kee])tional provision as regards 
 Siierilf's deeds from the consideration, that they 
 were out of. and collateral to. the ordinary chain 
 of title, ami that therefore it was not unreasonahle 
 to give registered purchasers protection against 
 
 (1) 
 
 Miiirisuii 
 
 .Idius V, Cowdcii. H4 U. C. 1{. 
 
 1' 
 
 12) I'lck V. Hiukc, -2 Cliy. (.'liaiii. It. 'Jit I ; .Tones v. Cowdni 
 
 Sll}ll 
 
 (;i) 1) 
 
 (1. I'l.mdtd.it V. Mcliac, (> O. S., rj(»2. 
 
 (4) I'cr Mi)ni^ciii .1., .leiics. v. Cii\vtU'ii,iM U. C. U., p. 'H>i> 
 (o) y. C. \wv liicliards C.J. 
 
CltM'. X. 
 
 KPi'i'i r oi 
 
 III -KlTt'lN. 
 
 liirii 
 
 tliciii ti> ail t'\triit which was imt thoii^lit war 
 
 I (U'l'ils 
 of the 
 Icifistra- 
 led to 
 
 liat they 
 IV chain 
 t-oualilc 
 aj^ahist 
 
 |v. CuW'l''" 
 
 raiiftil as rn^ai'ih' 
 
 'rant I 
 
 to whom thi' title 
 
 (•(iiiM 111' ti'acid. aiiil whi'l'c |)iis-.f>^i(iii of thi title 
 (h'l'ds would he smiii' notice to |)iircliascrs " ill. 
 
 "A |piiiclia'^i )• ill ;^'oo(l t'liith" lia^ rererciice to otic 
 who piii'chasrs ill i^'ioil taitli. and ref^isters his 
 drrd sllliSe,|Ueiit to tile Act. 
 
 •'TIk' ohjcet and iiit<'litioU of the lie;^isiatnro 
 was to compel ;ill parties for the future to re'j;isler. 
 
 I'aitli 
 
 if thiV wished 
 
 iivoiij hciiiLT cut oiil hv siihse 
 
 (|Uent |)ur(diasers, ;ind to render it unnecessary lor 
 Slltdl interested purchasers to look hi\ond the liej;- 
 istry ; and they evtemh'd the provision of the law 
 as to tax saU'S to past (h'eds, )^Mvin.L; the parties 
 iuterestc'd a reasonahle tniie tc) comply witli its 
 re(iuir(!nieiits, Ixdbre they should he hroii^dit within 
 its operation " Ci). 
 
 A Sheriff sold the land in quf'stion for arrears 
 of taxes to till' plaintiff, on the ninth day of 
 October, IHtlo, and gave a certilicate of Hiich sale 
 to tiie latter. For some reason, not ex[)laiiu'd, the 
 plaintitf did not obtain his deed until the seven- 
 teenth day of September, IHtiO, on which day he 
 registered it being within a year from the [)assago 
 of the Jtegistry Act of IHdH. There was no proof 
 of any neglect or misconduct on his [lart in not 
 procuring the deed sooner. It was luld, that the 
 delay in registering did not, under the lifty-iirst 
 section of that Act, avoid the deed as against the 
 purchaser of the land who had tirst registered : 
 that the deed, not having been questioned within 
 the time limited by the protecting statutes in force 
 at that time (8), was within their operation ; and 
 
 (1) S. C. -m; U. C R., p. 002, per Strong J. 
 
 (2) II). per Burton J., p. ij()8. 
 (;-J) 20-80 Vic, cap. 53, sec. 150, 
 
WT'^ifmmm 
 
 iUi 
 
 fJO-i 
 
 Ki:(ilSTl.i;iN(. ( U (IMII llNd TO HKi.lSTK.ri. 
 
 niAi' X. 
 
 IleRistvy 
 tf> be 
 nuticc. 
 
 The Aft 
 imiiiited 
 notice. 
 
 tlifit the i)laiiitit"f. \vli'» Imd lir()ii^'lit (.'jeftuieiit in 
 1H7(), was entitled tn recover (1). 
 
 78. 'I'lic nyistniticii of aiiv iiisduiiiciit niidcr tliis Act, or 
 (iiiy foniiir Act, >liiill, in Ki|trily iiiul nt T.aw, ciiustitiitc notice (if 
 sucli instiiinicDt, to cli pcvsons cliiiniinf,' iiiiv interest in siicli 
 liinils, snliM<|uent to Micli re^jistratiim, notwiUi.-tiimlinf,' iiiiy 
 <leftct in tile i)roof for registrntiou, lint lU'vertliclcss it slnill con- 
 tinue to 1)1" the duty of every liejiistiiir not to rej^'ister iiny 
 instrument, excej-it oti sucli ))roof as is re(|uire(l liy this Act 
 31 v., c. 'J(t, s. (■)() ; 30 v., c. 17, s. 1. 
 
 One of the principal objects aimed at by the 
 licgistry Act is to jj;ive information, and to itDpute 
 notice thereof to every one desiring to ascertain 
 whetlier there has been any prior conveyance or 
 encnmbrance of land described in aii}- registered 
 instrninent ; such registered instrument operating 
 as notice thereof to all ])arties claiming any inter- 
 est in tije parcel of land subse(juent to the regis- 
 tration, in as full and effectual a manner, as if 
 such person had, in fact, received the most direct, 
 positive and actual notice of the instrument itself. 
 
 Prior to the enacting of 18-14 Vic, cap. 1)3 it was 
 13-14 Vic . • . 
 
 c. 63 ret?- li^ltl, ill analogy with the decisions under the several 
 
 istry was English Acts, that registration was not notice in 
 not notice. , . „ . ^i i • 
 
 this Province (2) ; and an answer, tiled prior to 
 
 that Act coming into force, pleading that the de- 
 fendant was an innocent purchaser, was held 
 to be a good defence, notwithstanding that the 
 But since plaintifi' 8 title was registered (3). Such a plea 
 registry is Cannot now be set up as against a duly registered 
 »«ti9ein deed, whether the title conveyed thereby be legal 
 or equitable in its nature (4). By the eighth sec- 
 tion of the statute referred to it was provided, that 
 the registry of any instrument under that act, or 
 the Registry Act of 184(5, affecting any lands, 
 should, in Equity, constitute notice of such instru- 
 
 (1) Ciirroll V. Buryess, 40 U. C. R., 381. 
 
 (2) Street v. Coniniereial Bunk of Canada, l|Gr., 109. 
 
 (3) Knv V. Wilson, 24 dr., 212. 
 
 (4) Eyre v. Dolphin, 2 Ball & B , 300. 
 
 Prior to 
 
 Equity. 
 
riiAP X. 
 
 CM M'. X."] 
 
 STH. J 
 
 tiK(;iSTi;.\Ti'i\ IS NdllCK 
 
 ;}03 
 
 leiit in 
 
 lioticr (if 
 t ill such 
 
 ihiiU coii- 
 ;istfr any 
 tliis Act. 
 
 by tlic 
 
 scertain 
 Stance or 
 'gistcrcil 
 peratin^ 
 ny inter- 
 he rt'gis- 
 ler, as if 
 st direct, 
 pnt itself. 
 (13 it was 
 le several 
 notice in 
 prior to 
 the (le- 
 as held 
 hat the 
 I a plea 
 registered 
 be legal 
 ghth see- 
 ded, that 
 [it act, or 
 ny lands, 
 ch instru- 
 
 1C9. 
 
 1 
 
 iiKiit t ) nil ]>(i'soiis clainiiii*; any intiTcst in s'lr-h 
 lands suhst'(ju('iit to sui^h registry. I'ndcr tlieAswdl 
 Consolidated Statntcs lU. (,'J, cap. K'.» it was licld, si„rt. that 
 tliat registration was notice, in Eipiily. of all instrii- ■■^^■'^• 
 nirnts registered before, as well as since registra- 
 tion was made notice ; and that registration of a 
 mortgage of unpatented lands under 8 Vic, cap. 8, 
 sec. 0, was notice to subsecpient purchasers, 
 whether the patent had, or had not, issued under 
 a sion of the Heir and Devisee Commission (1), 
 "While the act declares that registration shall be 
 notice, it does not provide that notice of an unreg- 
 istered conveyance shall not affect a registered 
 conveyance or judgment ; and we must take it 
 that the legislature had knowledge of the doctrine' 
 of a Court of Equity on this head ; and indeed 
 they appear to have had it expressly under consid- 
 eration, when they declared that registration 
 should be notice (2)." 
 
 It was at one t'me thought that this section Object of 
 appeared to limit the power of a Court of Equity (,ion. 
 to grant relief, and not to transfer that power to a 
 Court of Law ; and its etTect in conjunction with 
 the eighty first section •>vas ' >.u'. to be "not to limit 
 the legal rights of partes claiming under subse- 
 quent registered deea.-, but rather to confine the 
 rights of a Court of Eqiitv to grant relief to those 
 cases, in which there v as actual notice ; and not 
 merely such notice as vjught to have put the party 
 on enquiry" (3). It has, however, since been 
 determined, that the effect of actual notice is not 
 confined to a Court of Ecpiity, but is availablr in a 
 Court of Law ; and that therefore a noiiregistered 
 
 (1) Vance v. Cumuungs, 13 dr., '2o. 
 
 ('2) Bank of Montreal v, Baker, '.) (ir., p. .HOI y.i^: An' kouglinc* C. 
 
 (;5) Bondy v. Fox, 'i'J U, C. K., 72 per llithara» y . 1. 
 
fi' 
 
 801 
 
 UKdlSTKUINO OH O.MITTINO TO Ri:( i ISI'KI! . 
 
 (HAT. X. 
 
 L 5"S. 
 
 Ri'f.'istiy 
 iiotici' " 1 
 hiw.' 
 
 l'iiiici|i!i' 
 (III wliicli 
 
 tioii opc- 
 rutcs as 
 uotieo. 
 
 Where 
 rcj^'istiy 
 held not 
 to lie 
 notice. 
 
 tleed is not dflVated at law by a sul)S('(|iK!iit regis- 
 tered one, where, before such registration, the per- 
 son clainiin<^ thereunder had aetii.-il notice; of the 
 prior conveyance ; and the case of l^ondy v. J''o\ 
 was, as to this ])oint, (hstin,u;uished (J ). 
 
 Althoiijj;h lony contended for, re,u;istration was 
 
 "not ex[)ressly dechired to opi'rate as notice "at 
 
 Law" until the statute iH\ Vic, e. 17 was ena(;ted. 
 
 'L'ho princii)le upon A\hich re<j;istration o[)('ratfcs 
 as notice of the instruinont registered, is hasid 
 upon the ground that a i)erson ac(piiring land 
 should ascertain whetlier any incunibrjince or 
 adverse claim is royistered against the land he 
 pro[)oses to acquire ; and he is therefore presumed 
 to have searched the Iiegistry OHice witii this ob- 
 ject ("2). Negligence in searching the Registry is 
 evidence of a failure of due diligence (:{). Tliis 
 doctrine, however, has lU) application in the case 
 where one parts with an interest in land (1). 
 
 It has been previously remarked that registra- 
 tion is not considered notice under tlie lilnglish 
 and Irish Registry Acts ; and it has therefore been 
 decided, in cases arisingunder those statutes, that 
 a person, nntking a i)artial search in the registry, 
 will not be affected with notice of a deed registered 
 in that part of the register to which his search has 
 not extended (5). iiegistration is not notice under 
 the Nova Scotian Registry Act (()). Under many 
 American llegistry Acts, registration is held to 
 operate as notice (7). 
 
 (1) Millar v. STiiith, 'j:! U. C. I'., 17. 
 
 (2) Th.' Trust aiitl Lnim (!o. v. Shaw, 16 Gr., 446. 
 (:{| llaniiltoii v. Tyster, 7 Ir. Eq, K., .',m. 
 
 (4) The Trust A Luai) C"o. v. Shaw, If) (ir., llC. ; see Boiiclicr 
 V. Smith, !t <ir., ;517. 
 
 (.'■)) Hodgson V. Dean. '2 Sim. & S., '2'27. 
 (0) Doe d. Huhhanl v. I'ower, 1 Allan, '271. 
 (7; '2 Cruise Greenlf, 415. 
 
■CHAP. X 
 
 5TH. 
 
 ] 
 
 RKOISTUATIDN is 
 
 ACTIAL NOTICK, 
 
 305 
 
 The notice wliicli is aiyorded l)v ri'^^nstnitiou is 
 
 ' . . . 1^ 
 
 " iictiial " in its cliiiracter il) ; and it is iinniatt'rial nl 
 
 wlu'thor the |>(i'son affected tlicreliy searched the ' 
 lie<^isti-y Ol'lifu' or not Cii. Where hind, having 
 hecn nioi't.ijaf^rd livthe owner, was appropriated by 
 a TownshipCdi'Mcil for road puri)oses, and compen- 
 sation tlieret'or liavini,' been Ijxed iiy ailtitration 
 was ]niid over l)y the Council to a cr<ilitor ot tlici 
 niortfJia^or, l)y whicli cri'dito'r tlie amount had been 
 attached : it was ludd, that llie Council were hound 
 to have ha,d notice ot the mortjjja.ge, in constMpience 
 of its registration ; an I tluit the mortgagee, in the 
 exercise of his prior right, was entitled to recover 
 the amount from the Corporation, with costs (8). 
 S. 8., the owner of certain land, agrei-d to convey 
 the same to his son, '1'. S., on Ins paying certain 
 moneys for S. 8., and forthwith granting a life 
 lease thereof to 8. 8. and his wife. The convey- 
 iince and lease were accordingly executed. The 
 lease was dulv registered ; but the deed was not 
 rogist'.ied, and was proved to have been destroyed. 
 
 he notice 
 
 (U'tll- 
 
 in 
 iiuiicter. 
 
 Sal) 
 
 ntly 8. 8. and T. 8. joined in a mort- 
 
 gage of ihe land to the plaintiti', which was regis- 
 tered. The plaintiff, on enquiries made by him 
 on tingling the lease on record, obtained actual 
 notice of tL'c deed to T. 8., but did not deem it of 
 any imj)ortance, believing the transaction to have 
 fallen through, in conse(|uence, as he understood, 
 of the wife's repudiation, during her husband's 
 lifetime, of the lease, and the destruction of the 
 deed. After the death of 8. 8. tln' wife asserted 
 her right to the life lease, and held 
 die land ; and on the plaintiff bringing ej 
 
 M) Boll V. Walker, 'JO Gr., or)H. 
 
 (2) Douiinioii Savings lik. S. v. Kittriilt,'f, 'J.'i dr., ji, (j'Mi, per 
 lilake \.-V 
 (ii) Duulop V. TowiiHhip of York, 10 Gr., "2 1(1, 
 
 possessio 
 
 men 
 
 of 
 
 t, 
 
. W"i 
 
 
 I if ! "■ ■ 
 
 s.' ■'. ' ■ , 
 
 80G 
 
 
 
 t 
 
 HKdISTKlUNCi OH OMITTINO TO lJF.(iISTK|{. 
 
 CIIAI", X 
 
 slio (Icfciulcd ill such rij^lit. [t was held that tho 
 plaiiititl could not chiini by reason of tlic non- 
 rcf^istratioii of T. S.'s deed and the registration of 
 the plaintiff s mortgage, because as ho had actual 
 notice of such prior deed, the Kegistry Act would 
 not apply ; hut even if applicable, the plaintiff was 
 bound bytlie prior registration of tlie lile lease (1), 
 i-y a deed, duly executed and registered, lands 
 V''' "ater privilege were vested in a person for 
 life, irh remainder to his son m fee. The deed 
 contaiutii an agreement or stipulation that neither 
 the father or son could dispose of or encumber the 
 property, without the consent of the other. The 
 father, with the kno"vledge, but without the con- 
 sent, of the son, sold portions of the water front- 
 age ; and the purchaser, with tlie knowledge of 
 the son, erected improvements thereon. After the 
 father's death, the son sold the lands, including 
 the whole of the water frontage to W. The vendee 
 of the father hied a bill against the son and W., 
 claiming absolutely that part of the water frontage 
 which iiad been conveyed to him by the father ; on 
 the ground, that the son had acquiesced in such 
 sale, and that W. had notice of the plaintiflf's 
 interest. It was held, that the registration of the 
 deed, under which the father and the son claimed 
 title, was actual notice to the plaintiff of the son's 
 title ; and tliat the acquiescence, or lying by, on 
 the part of the son could not affect the hitter's 
 interest, but, at most, would only be construed 
 into a consent by him to the sale by the father of 
 the father's personal interest in the property ; and 
 seinhle that under the circumstaoces, even if regis- 
 tration were not actual notice, the acquiescence 
 would not bind his reversionary interest ; and that 
 (1) Britton v. Knight ft a/., '2y U. C. P., 507. 
 
CHAP. S 
 
 STH. 
 
 CHAP. X.l 
 
 KEOISTRATION IS "ACTUAL NOTUK. 
 
 307 
 
 lilt the 
 
 nou- 
 
 tiou of 
 
 actual 
 would 
 
 tilY was 
 
 aso (1). 
 
 , lands 
 
 fson for 
 
 he deed 
 neither 
 
 iber the 
 
 ■r. The 
 
 the con- 
 
 er front- 
 
 ledqe of 
 
 \t'ter the 
 
 ncluding 
 
 ,e vendee 
 and W., 
 
 ■ frontage 
 
 ,ther ; on 
 in such 
 aintift's 
 
 on of the 
 claimed 
 ihe son's 
 ng by, on 
 e hitter's 
 construed 
 father of 
 lerty ; and 
 n if regis- 
 uie.4cence 
 and that 
 i7. 
 
 assuming that tlie plaintilT had acquired an e'juit- 
 able interest, arising out of such uc(|uiescence, he 
 could not enforce it agsiiiist W. witliout proving 
 actual notice to him of such t'.juitable interest (1). 
 A married woman, while unuur twenty-one years 
 of age, but ri-'i)rt'senting lu'rself to be of full age, 
 conveyed land to a boiiit Jidc purchaser for value, 
 who registered his conveviuice. After attaining 
 her nuijority, she and her liusl);uul (xocuted a 
 voluntary deed to a trustee for her. Tiu* trustee 
 subsequently sold and conveyed the lauds ; his 
 vendee, upon t!ie same day, executing a mortgage 
 back to the trustee. It wa.-> held, inter nUd, that 
 the registration of (he first deed from the married 
 woman to the purdiaser for value, was actual 
 notice to the defendants of the execution ot such 
 deed, and, that as they acquired l!iat knowledge 
 after such registration, they took subject to all 
 the rights of the purchaser. The Court, therfore, 
 ordered the estate to b > vested in the representa- 
 tives of the purchaser, and declared the subsequent 
 conveyance to be void as against tlu'm (2). 
 
 The purchaser of standing timber, with the rurchaser 
 right to cut the same, is afTected with notice of the 
 
 nveyance o " he land fr 
 
 convey 
 and a mor 
 
 om 
 
 tl 
 
 le original owner 
 
 ttra^e back from the vi'udee, fr 
 
 om 
 
 th 
 
 cif staml- 
 iii« timber 
 iiffi'cted 
 with no- 
 e tioe of 
 
 istrutioufl. 
 
 registration of the conveyance and mortgage ; P';'"T^g 
 st:in ling timber being within the operation of the 
 Registry Laws (8). 
 
 Two mortgages were successively taken and reg- 
 istered, which, through nu'r- inadvertence, omit- 
 ted a certain i)arcel of land, which it had been the 
 intention to have iuuluded in both instruments. 
 
 (1) Bell V. WiilkiT, 2i) Gr., i,m, followed in Oivy v. Bull, 23 
 Gr., 390. 
 
 (2) bi'iiiiutto V. IIoKleii, 21 (Jr.. 222. 
 
 (3) McLeiiii V. Burton, 24 Gr , 1.')] ; see p. ITi unle. 
 
 + 
 
I 
 
 808 
 
 Paroels 
 omitit'd 
 by mis- 
 take. 
 
 Itegistra- 
 tion of !xs- 
 signinent 
 of mort- 
 gage is uut 
 notice to 
 mort- 
 gagor. 
 
 REOISTERINO OR OMITTING TO RKGISTEK. l^'^^^'^- 
 
 L |78. 
 
 The assignee of the second mortgage, for value 
 and without actual notice of the first mortgage, 
 suhsequently ohtained a conveyance of the legal 
 estate of the omitted parcel from the grantee of the 
 original vendor, who was entitled to hold it for un- 
 paid purchase money. It was held, that the as- 
 signee of such second mortage was entitled, as 
 against the first mortgagee, to liold tiie legal estate, 
 until the second mortgage was satisfied (1). On a 
 re-hearing, however, the decree was reversed (2). 
 
 i.'he owner of two town lots, 25 and 2(), sold a 
 portion of lot 20 to onif P., but, hy mistake, the 
 description in the deed was such as to pass the 
 wliole lot. He subsequently sold lot 25 and all 
 that part of lot 26 not previously sold to P., to the 
 plaintiff, and the deed thereof was duly registered. 
 After the rt^gistration of this deed the defendant 
 obtained a conveyance from P., the description of 
 the land corresponding to that contained in the 
 original deed to P. It was held, that the registra- 
 tion of the plaintiff's deed was notice to the 
 defendant of the plaintiff's claim to that part of 
 lot 20 not sold to P., and that the plaintiff was 
 entitled to a re-conveyance thereof (3). 
 
 It was always held that payments made by the 
 mortgagor to the mortgagee, after the registration 
 of the assignment of the mortgage, without notice 
 of such assignment obtained .otherwise than 
 through the mere fact of the registration of the 
 assignment, were valid and would be allowed as 
 against the assignee (4j ; and a tender to such 
 
 (1) Mercliants' Bank v. Morrison, 18 Gr. 382 ; see Reid v. 
 Whitehead, 10 Gr. 140. 
 
 (2) Morciiants' Bank v. Morrison, 19 Gr. 1 
 
 (3) Huynes v. Gillen, 21 Gr. 15. 
 
 (4) Gilleland v. Wadsworth, 23 Gr., 547 ; see Engerson v. 
 Smith, 9 Gr., 16. 
 
 i 
 
 k 
 
 
 i 
 
CHAP 
 
 178 
 
 ^•1 
 
 REGISTRY OF ASSIGNMENT OK MORTGAGE. 
 
 S09 
 
 leid V. 
 
 bon V. 
 
 assigneo, aftor bill tiled, of the balance, deducting 
 the payments so made to the mortgagee before 
 notice of the assignment, together with costs, has 
 been held sufficient to deprive the assignee of any 
 claim to costs incurred subsequent to the tender 
 (1). But this doctrine does not apply in favor of 
 his grantee, und payments made by the grantee 
 to the mortgagee, under such circumstances, 
 will not operate as a discharge to the grantee to 
 the extent of such payments ; as the registration 
 of the assignment will affect him with nc^tice there- 
 of, and the omission on his part to institute proper 
 inquiries, when making his payments, will be 
 taken to be constructive notice to him (2). In this, 
 case Moss J. was of opinion, moreover, that regis- 
 tration of an assignment of mortgage is not 
 notice to the mortgagor, "because a mortgagor 
 paying off his mortgage does not come within 
 the class of cases to whom registration consti- 
 tutes notice" (3). The lessee of a mortgagor, T'"«see of 
 under a lease made by the hitter subs^'quent i"!unfn%"^ 
 to the registration of the mortgage, is bound l""''"' '■^"- 
 
 i strv i )f 
 
 by such registration (4) ; but he is not bound nnntKage. 
 thereby if the lease was executed prior to the 
 mortgage where the lease is within the exception 
 of the act, or, if without the exception, is duly re- 
 gistered prior to the registration of the mortgage 
 
 (5). ;. 
 
 Registration of an instrument does not operate '^f'""^* 
 as notice thereof, except as against those claiming istmtiou 
 
 (1) WilliamH v. Sorell, 4 Ves. 389 ; see CiittM- v. Cooley, 1 Cox 
 182 ; Chmulos v. Hrownlow, 2 lUdf,'., P.C., -I'iH. 
 
 (2) GilloliinJ et al v. Wiuls worth et al, 1 App. 11. 82. 
 
 (3) D)., p. f)l. 
 
 (i) Keech v Hall, Doup;. 21 ; see Thunder v. Belch, 3, East 
 430; Evans v. Elliott, 9 Ad. & El., 342 ; Pope v. Briggs, 9 B, & 
 C. 254 ; Doe v. Bucknell. 8 Car. & P., 569. 
 
 (5) See notes to sec. 37 ante. 
 

 810 
 
 Ki;(}ISTKRIN(i 0|{ OMITTINf, TO KKCISTKU. ff'^P' S- 
 
 ?7^ 
 
 Party Imv- W 
 ill" titli 
 
 must exc- 
 cut(f ill- 
 BtruiUfiit 
 
 does not tliroimh or uiidcr the {^rjintor (1> ; the iiurcliasfi- 
 
 operate an ,. i i , i • i 1-^1 
 
 notice. or owner 01 land not hcni^ hound to take notice of 
 a n'j^Mritrrcd lien ar encnimiDjineo u])on siicii land, 
 created by any person, other tluin those through 
 lioni he is compelled tf) (h''ive title (2i. Jt is 
 essential, furtherniDre, to render registration of an 
 instnunent eli'eetive as notice thereof, that the 
 registered instrument should be executed by one 
 having the title, or a clear right thereto (8) ; other- 
 wise such registration ^Yill not even amount to 
 construetive iioti(H' to the true o\\ iier, of the cxecu- 
 tio.i of such instrument ; it will only be notice 
 to sul»si (jueiit purchasers under tlie jierson so 
 assuming to execute fis grantor (1). llegistration 
 of an instrument is notice only of such fraud as 
 appears u[)on tlie face of the instrument ; it is not 
 notice (if fraud connected with its execution (5). 
 It has been said that " registration is notice of the 
 instrument registered, for the [mrpose of giving 
 effect to any ecjuity accruing from it. but it can bo 
 notice of any given instrument only to those who 
 are reasonably led I'y the nature of the transaction 
 in which they are engaged, to examine the register 
 with respect to it'" (0). Although it is a general 
 
 principl 
 
 that 
 
 everv 
 
 deed, 
 
 under winch one claims 
 
 title, should be registered, otherwise a purchaser 
 for value will not be affected with notice of such 
 unregistered deed (7), this doctrine does not obtain 
 where a registered instrument refers to the descrip- 
 tion of lands as contained in an unregistered deed ; 
 
 (1) (Joibiii V. SuUivaii, 47 Iml., HIO. 
 
 ;il: Miss. U., 472 ; Stuart v. Bru 
 
 ueaii 
 
 3 L. 
 
 ('2} Harper v. 1j 
 C. R.. HOit, 
 
 (:i) See Doe .1. S))affoi'.l v. BreakenriJf^e. 1 U. C. P., 4'J2 
 Waters v. Shnde, 2 Gr., i'yS. 
 
 (4) I'eriy oil I'msts, § 2!1 ami cases cited therein. 
 
 (")) Ciodiiold V. Tiaiiiliert, H Kicii. Eij., lijij. 
 
 (()) Bencher v. Smith, 1) Or., p. ii'/d per Esten V. C. 
 
 (7) See p 88 ante. 
 
 fij 
 
CHAI 
 
 78. J 
 
 l;i-.(ilSTH.\Tl(iN OK AM. I'lll.;; dkhus. 
 
 811 
 
 r'llAP.x. 
 
 «7^ 
 
 llilHi'V 
 
 tice of 
 land, 
 
 It is 
 1 of an 
 at the 
 by oue 
 
 otlier- 
 nmi to 
 ; execu- 
 
 notice 
 •son so 
 stratiou 
 ruud ii-s 
 it is not 
 tiou (5). 
 ,ce of the 
 f piving 
 
 t can be 
 loso who 
 
 usaetion 
 
 register 
 general 
 
 chiims 
 
 uvchaser 
 of such 
 
 ot obtain 
 clescriiv 
 L'd deed : 
 
 huueau, 3 L. 
 C. P.. 4',l2; 
 
 nvovided tho fonncr oDcrates as a ooiivcvanoo cap- 1!;',"' '^'' 
 ahhi of passing Ihr interest of tho ".iirantee of the hcivl. 
 unregistered deed in the land mentioned therein. 
 In \9i')i] tlio property in qiiestiitn was mortgaged 
 hy C(;rtain Trustees to tlie Trust ami Loan Coni- 
 [tany who assi^Mied tlieir mnitu'age to the (h'fen(hint 
 Whitehead. In 18.")"), I'., the then owner, execut- 
 ed a second ni()rtga;^M> to A\'liit>head. \n 1H.")7, 
 i\ suliniiu'tj^a.u'ed to l!,, who. ni the siinic year, 
 assigned liis ni<iriL;age to the deleiuhnits, the 
 the Can:i(la Life Assurance Cnnipany, 1'. joining 
 in the assigiunent. The mortgage trom 1*. to 
 li. wa^ not registej'ed until 18")',). although the 
 assigiumnt thei-eof was rej^istered in 18,"»7. In 
 1858, P, mortgaged to tln^ plaintitl" who registered 
 his mortgage before the ret^istration of the mort- 
 gage from P. to h., the assi^/nnient from J3. to the 
 Company of the mortgage from P. toJi. ri'cited that 
 mortgage, and in describing the mortgaged pro- 
 mises referred to the mortgage for a more })articu- 
 lar description. The memorial of the assignment 
 described the lands in the same language as that 
 contained in the assignment, but the description, 
 as set out in the mortgage, was not imported into 
 the nunnoi'ial. Upon the plaintift" seeking to 
 establish the i)riority of his mortgage over those 
 held by the several defendants, I'^sten Y. C. held 
 that, as between the i)lain.tiff and the defendant 
 Whitehead, the latter retained priority over the 
 former in respect to the mortgages executed in 
 1858 and 1855 against the registration ot which the 
 plaintiff had raised several technical objections, but 
 that as between the plaintiff and the defendants, the 
 Canada Life Assurance Company, the plaintiff 
 was entitled to priority ; the registration of the 
 assignment being deemed inoperative, on the 
 
812 
 
 RKCMSTKIllNd oK OMITTINO Tn II KiilSTKlI. 
 
 , (HAP. X. 
 
 L ilH. 
 
 ground tliiit the uu'tnorial referred to lands de- 
 scrilted in a deed not rej^iHtored. 'I'liis riiliiii,' 
 l)ein<f sustained upon a ve-liearing. the Conipany 
 appealed on tli(> following prrounds, iiilcr ulut, that 
 tile plaintiH" liad aeiual notice of the mortgago 
 from 1*. to 1). when he to(tk his mortgage from P., 
 and tliat the memorial of the assignment was in 
 compliiUK.'e with the reipiirenients of tln^ Registry 
 Acts, so fiir as the description of the lands therein 
 \vii8 concerned. After a very full and exhaustive 
 aigument the Court of Krror and Appeal reversed 
 the ruling of theC'ourt helow, so far as it rtdated to 
 the assignment of the mortgage to tin; ('ompany, 
 hy giving it priority over the [jJaintilTs mortgage; 
 on the gi'ound that the assignment was in itself n 
 conveynnce sutticientto jiass the interest which !>. 
 took in the hinds included in the mortgage, and 
 that as it ojjerated as a conveyance of said inter- 
 est, it was capahle of a valid regiiytration through a 
 memorial following its langnaue (1). In this case 
 Vanlioughnet ('. held, further, that the registration 
 of the assignment was tantamount to tim registra- 
 tion of the mortgage, on the ground that P. had 
 assinti'd to, and iiad hecome an executing party to, 
 the assignrnent ; had he, however, not so hecome a 
 party, the registration of the assignment would 
 not have amounted to a registration of the mort- 
 gage, on the authority of Doe. d. Honeycomb v. 
 Waldron (2). 
 Rogistra- It is generally held in the United States Courts 
 Jtnun.Mi'ts tliat, as the doctrine of notice caused by registra- 
 re.iuirinK ^j^^j^ jg of statutorv parentage, it will not arise in 
 the case of a voluntary registration ot an instrument 
 not required by law to he registered in order to alfect 
 
 (1) Kcitl V. Whitelieiul, 1(» Gr., 44(). 
 
 (•>} 2 Str., lOtil; set! p. 88 ■itite ; ndesdoinier.s v. Kiiigsliy, 
 3 L. C. E., 81. 
 
 Pi 
 
lAl'. X. 
 
 57H, 
 
 * i\v. 
 
 paiiy 
 , iliiit 
 
 ui I'., 
 siis ill 
 ^isti-y 
 licrcin 
 ustivc! 
 versed 
 itoA to 
 n\iiiny, 
 •t^ii^o ; 
 itself !\ 
 
 iiicii r>. 
 
 iie, !U\(l 
 
 (1 intev- 
 
 rou^li a 
 
 l\is case 
 
 stvivtion 
 ('i^istra- 
 
 ;, r. luul 
 tarty to, 
 (.■coine a 
 it would 
 le raovt- 
 couib V. 
 
 1 3 Courts 
 Iregistra- 
 
 arise iu 
 litruuK'ut 
 
 to all'ect 
 
 . Kuigsloy. 
 
 fllAl'. \. 
 
 •^lAI T l()l!N HKv"II;K.\II.\IH N Ki KS^ < It V, 
 
 n\:\ 
 
 on(! with notice (H. A similar iiiterpn'tatidii has 
 heeii i)lace(l upon the Kn<j;lish cii, iiiid Nova Sci)tian 
 Itei^istry Aets (;{), while Ihi' eontrary has been 
 determined under the Irish Kej^istry liavs i h. In 
 iiur own Courts it has heen said that '"parties 
 cannot, hy their voluntary act of registry, in cases 
 to which the Act does not extend, draw to their 
 acts the conse((uences provided hy the Lej^islatui'e 
 for anothi'r state of thing's " i.h 
 
 Where a deed transferriufj; reiil an(i })ersonal ln>tni 
 estate is registered in a County llcgistry OUice, i„, ,,,,^,i,.. 
 such registration is not constructive notice of the t<'''"<l i'» 
 transler oi the i)crsoiiai t'state (('»>. oiiU't". 
 
 It may he stati'd, as u general proposition, that i{,.,iuiiv- 
 tlie reciuisites of the Act should he closely adhered "j'^y"]^^,!'' 
 to ; otherwise any material or suhstantial non- sluuhi he 
 compliance therewith may result in avoiding the 
 registration (7). In a- case affected hy the liegis- 
 try Act of IHIC). it was di'eided that registration in 
 accordance with the ))rovisioiis of that statute was 
 imperative ; so that a (]eed registertnl upon a 
 memorial, in which the addition of the witness to 
 the deed was omitted, was lield to he fraudulent 
 and void as against a suhse(|Uent incumhrance (8 1. 
 In like manner the (nuissiini in the memorial of 
 the Christian name of the mortgagor's wife, who 
 executed the mortgage for the puri)ose of harring 
 
 (1) Kc'ins V. Scropc. 2 W.itts, 7"» ; '2 Wiuihliuni lioul Pi'up. 
 1st lid . r,<,)2. 
 
 (2) Malcolm v. Cliiirlesworth, Kcoii, (13. 
 
 (;{) Cogswell V. Graham, 1 Knss. * Chers. Sup. Ct. (N. S.), 
 Rep. ;jo. 
 
 (1) Talbot V. Gilmartln, 8 Ir. .lur., () S., 171. 
 
 {r,) Doe (1. Kint,'ston ]?. S. v. IJain.sfoid, 10 T. T. R., p. -Jl'-', 
 per Bm-ns .J. ; sw Doe d. Ellis v. Grul)l), 8 0. S. Oil ; Doe d. Hliil.- 
 lev V. Waklioii, '2 l'. C. P., 188 ; Doe d. SpafforJ v. IJrcakenridge, 
 1 'U. C. P., 492. 
 
 (fi) Pilcher V. Barrows, 17 Pick., 8(11. 
 
 |7) Reid V. Whitehead, 10 Gr., p. 418, per Esteu V. C. 
 
 (8) Uobsoii V. Waddell ct al, 24 U. C. R., .574. 
 
 •21 
 
 '■5 1 
 
 I 
 
 18 
 
 'rva 
 
il:'- « 
 
 iflK:- 
 
 ;ili 
 
 ltKi<is'ii':i{iN(i (lit o\rirHN(i lu iiKiiisltlt. 
 
 hi 
 
 rlowcr, wns licld to rciKlcr tlic rogiHtnition invalid 
 
 (1). 
 Instill- The r(>j,'istriiti()ii ul" an instrmiiciit. iiii[)r(^ - "•l\ 
 
 incuts lie- aiitln'iiticatt'd or aclvMowlt'dycd, Iims hem 
 <'x..(iit((i, iiiincd not to amount to notice of such iiistiiiiiKint 
 
 An 
 
 ^' nndtr the Anniican I If;,' is try Act, cii. 
 
 As a (Iced, so defectively cxociitml its not to |)ns> 
 
 • tlie title, is nevi rtlieic^s evidence of a contract to 
 
 convey (;{). it is apitridiended that iln re^Mstrii- 
 
 •tion (.f such deed will i>|)t')'atc ;is notice of the 
 
 contracl. 
 
 KcKistni- |)efective re;;isti'iition having, therefore, heen held 
 
 tion niiiilr , , , , 1 • , I 1 1 • 
 
 ,if,(i,,,,,„,, not to ain(junt to notu.'e < li, and nnich mconveni- 
 
 witlistniid- (^.iice resultin",' thcnfroni, the (i('»th si ction of tin 
 
 in*' (]('- 
 
 ff^ts. licgistry Act of IH()H, decdarin.^ that the rr^is- 
 
 try of any instrument under that oi- any '' cr 
 Act, should, in l'](iuity, constitute notice e li 
 
 instrunuait, to all persons claiming any interest in 
 such lands siihscfiuent to such registry, was 
 amended hy the Act :}() Vic, c. 17, s. d, hy insi'i't- 
 ing therein after tlie word '' e(|uity " tlie words 
 "or at law," and hy adding to the se(dion the fol- 
 lowing words, "notwithstanding any defect in the 
 proof for registry." This section ai)[)ears to ope- 
 rate holh r(tros[)ectively and prospectively; hut 
 not in an e([ual degree. Its retrospoctive o[)era- 
 tion, however, appears to hi' expressly limited to 
 tliosi' cases whi(di are reiV'rred to in section "'.• 
 jKi-st, while its prospective eU'ect is not restricted. 
 1 Registration is declared l)y this section to ope- 
 
 luit ainiii- ^..^^., j^^ notice of the registered instrument to " all 
 cable to " 
 
 (1) Bciiclicr V. Sniitli, !( C<r.. Ml. 
 
 {'2) Kcnis V. Scmiio, 2 Watts. 7r> ; Cockcy v, Miliic, IC Ind., 2(hi 
 see Doe d. L.vons v. Sluvin, ;{ Kerr, 'jriM. 
 
 i;)| Davis V. l'',arl of Stiatliiiioic, n; Vi's,, Hit- I2S ; ISislio]) on 
 Coutr.. s. .'JS5. 
 
 |4) Mcl')oiiald V. RodfJicr, it dr., T'l ; lioiU'hcrv. Sinitli, .■niinii 
 liiid V. VVliitiluad, supra ; Essex v. iiaiigJi, 1 Y. tt C, (J'iO. 
 
 .•iC. Vi 
 <•. 17. 
 
 Sfctiiin 
 
( IIM 
 
 ^■J 
 
 KKiil^lli vilt'N UN liKKKt ll\K I'ltncil' 
 
 yifi 
 
 idii- 
 
 1 1. Ill ipf He- 
 
 persons ('laiiniii'' iiiiv iiitcri'st in such liiiids. siili- '"""*"'' 
 , . ' . , I'll''"""' 
 
 St^ClUl'Ut til sue';! V('<,'lHtnitli>n." It llilS Itfcll (IcCltlcd nuitics. 
 
 that tliis (K'c'Iariition docs not ohtaiii in tin' cast' 
 of {•((iisolidatioii of si'curitit's (I). 
 
 Altlioui^'h tlif section is renu'dial in its aiiplica- liiri^trm 
 tion. and is desif^ned to allow tlic I't'uistration of an ',.,',', ""(I,,, 
 instiiuncut (rcj^istcrcd Hul»s('(|Ut nt to Marcdi 'ilttli. '""tm. 
 
 L- Li !• i • 1 1 • llll'llt (Ml 
 
 1S7I5.I to o[tfriit(' lis not KM' tiitrrol. not\vitlistandni,L!;,i, Cctivc 
 tliat dcfrcts in tlic jnoof foi n j^istration may <'\ist. '"""' 
 it liy no nil ans aiitlioi'i/.cs the reception of such 
 an instrument liy the ite^'istrai- for ri'^^istration. 
 Were it otherwise, the requirements of the Act as 
 1(1 jiroof for registry, whiidi are desijjined lor the 
 h( nelit of lh( [luhlic, I'Jiwould soon he disre^'ariU'd, 
 and confusion and irre;^ulariti(s would lielheiniv- 
 itahli' result. The section simply pi'ovides that 
 the lejjial effect of an instrument rei^dstered upon 
 deh'ctive proof for rej^dstrv shall not be im[)aii'ed 
 therehy. It does not ri'lieve the I legist rar from 
 any duty imiuised upon him by this Act. On the 
 contrary, to avoid any misapprtdiension on this 
 point, the ilcj^istrar is prohibited in exjiress terms^ 
 front rej^isteriii;; any instrumeid i xcept u[ion tlu^ 
 [)roof re(|uired by the Act. Sboulil he, however, dis- 
 iilu'y this injuncl ion by re^isterim,' an instiinuint 
 ii|K)n imperfect pioof. the registration of such in- 
 strument will nevertheless ojieratt' as notice there- 
 of; but the l{(>gistrar will, by such omission (d' duty, 
 render himself liable in danuiges to any person 
 sustaininijj loss thereby. 
 
 lai- 
 
 liy till' iii>t lu'rci (liiiK st'ctioii it is provided, that ];,,( 
 
 iiiilwitli^taiMliii^; any liclec't in tlu' p: 
 
 .f r. 
 
 ict,'iwtrutii)ii tlif n ^is- j 
 
 liMlidii (it an iiistrimiciit sliall ciuit-titiitc iiolicc tlu'i'( of, tlic 
 
 rosiKM;- 
 \yo ()))era- 
 
 tion 
 
 I'tion shall duly a|i|ily ictiosiicctivcly I'ldiii tlic twi'iity-iiiiitii |,,^^ 
 
 lav ol 
 
 .\I;l 
 
 ■nc tlKMisaiicl cii'lil 
 
 (lied and scv('ntv-tlii( 
 
 ,f 
 
 SOC- 
 
 i" iiiatti'is and facts witliin the luianiiiK nf sect!.. mi fortv diic iif 
 
 tloli. 
 
 til 
 
 i^ A(.'t. 
 
 :t(i V 
 
 /, S. J). 
 
 (ll I'lidwcr v, (an. rcriii. 15. Ass 
 C-'l Set' |i. '.II illltr. 
 
 <ir. 
 
81G 
 
 HEGISTKlilNd OU o.MlTTINi; 
 
 TO liKGlSTKU. [■'"AP. X. 
 
 L ,swi. 
 
 D.-fccis 'iHjy defects referred to in section 41 (1) are sncli 
 
 it'leiri'il 
 
 to ill sec. UK the nou-petting forth in full of the ntiine, i)lace 
 "'^' of residence, addition, occupation or callinu; of the 
 
 subscrihing witness, or the improper or inv«urticient 
 description thereof in the atlidavit, or any clerical 
 error or omission in the al'lidavit of a mere formal 
 or technical character. Tf this si'ction were to be 
 read only in connection with the [)receding section, 
 the inference would be that, as to defects not 
 enumerated in section 11, tlu.' preceeding section 
 would not have any ntrospective effect so far as 
 notice is concerned, being in this respect operative 
 only to the extent nK.Mitioned in the present sec- 
 tion. The H8th section p<»if, however, would a[)- 
 pear to supply this defect, as it declares that the 
 registration of an instrument had before March 
 2!)th, 187:5, shall be valid, notwithstanding (inij 
 defect in the proof for registration. As to the 
 effect of section H8 upon the present section, see 
 remarks upon that section, po>it. 
 
 MO. Pridiity of rc^jistriitioii sluill jiroviiil, unless! licforo sticli 
 prior rcr^istnitioii tlnr(' uiis li"('ii iictiiiil iioticu of tlic iiiior iiistni- 
 laciit liy tliL' party cliiiiiiiiij,' umlcr tlic jiiior rt'Kistnition. iil \'., 
 c. lie, s! (17. 
 
 Prirrityoi It hiis bei u already remarked that the policy of 
 wes"^ the Registry Act is to render the priority of regis- 
 nuder tlit- tered assurances dependent upon the order in 
 Acf.'uul at ^vhich they are registered; in this feature, dif- 
 Com. Law. f^i-jng from the rule at Common Law, which 
 depends upt)n the order in which such instrunients 
 are executed. This policy is one which, if consis- 
 tently acted upon, and if not beset in some 
 instances with practical dilHculties, will enable an 
 intending purchaser or encuaibrancer to ascertain 
 with accuracy, ease and despach the true state of 
 
 (1) See p. rO» ante. 
 
 t ■ • 
 
 1 ' 
 
 \ If 
 
rtiiAP. s. 
 
 < nAi'. x. 
 
 PliloKlTY 01' l{K(ilSTHAriOX. 
 
 :U7 
 
 are such 
 uc, place 
 hl; of tliL' 
 i^utticifvit 
 y clerical 
 re formal 
 •ere to be 
 ig section, 
 .'fects not 
 -\if section 
 
 so far as 
 t operative 
 L-esent sec- 
 
 would ap- 
 ;s that the 
 fore March 
 iiuding '(".'/ 
 
 As to the 
 section, see 
 
 .^s lictove sui'li 
 
 u' piioi' iniiU-u- 
 
 ItrMliitu. iil ^ •■ 
 
 [he policy of 
 •ity of regi^- 
 le order in 
 (feature, (Vif- 
 fjaw, which 
 instruments 
 ih, if consis- 
 let in some 
 111! enable an 
 to ascertain 
 true state of 
 
 tlie title tc the property he proposes to ac(juire or 
 cliarge. I y searches in the Registry office for tlie 
 (lesiveil information ; and, by prompt registration 
 of his own conveyance or security, to ami)ly ensure 
 the protection of his interests. Tnder tlio U<>gis- 
 try Act of 17!>5 it was held tliat a party claiming 
 under a subse(juent deed which was registerinl 
 lirst, had priority over a prior unregistered instru- 
 ment, although he had notice theieof (1). 
 
 As the intention of the Act is to alford protec- Ht^'i^tiy 
 lion to persons acquiring interest, in real eslate, ,*.,s Aona ' 
 
 without notice, and not to shelter those whose ".'':' 'I'-'iu'- 
 
 >itions of 
 
 consciences are ail'ected ])y notice ol)tained land. 
 nliiindc (2). Courts of I'lipiity have broken in 
 upon tbo strict application of the doctrine of „f"|!„.'i||J,*j'j^, 
 priority according to the order of registration, bv'""''''" '" 
 treating notice oi a prnn- unregistered instrument of E<niity. 
 as binding upon a subsequent purchas.i' or encum- 
 brancer having such notice, notwitiista,nding tbat 
 such purchaser or encumbrancer may have register- 
 ed lirst. Such interference rested ui)on the ground, 
 that as the object of the Act was to guard an.l pro- 
 tect purchasers and encumbrancers from secret con- 
 veyances, notice of sucli secret conveyances otlnn'- 
 wise acquired, served the purposes of the Act ; and 
 tbat to permit a purchaser or encumbrancer, hav' 
 ing notice of an unregistered or secret convey- 
 ance, to defeat such conveyance bv means of a 
 prior registration, would be equivalent to legalizing 
 fr;iu(l, and to defeating tlie very objects of the 
 Act (;}). A per.-ion having notice of a i)rior unreg- 
 istered instrument cannot avail himself of the 
 
 (1| Doc (1 I'fU V Mit.'lii'ii.'r. DiJi. 171. 
 
 C-'l Lee V. iriccii. 'Ji» ■)nr., 170. 
 
 r^\ Clwvall V. Ni.-liolls, 'J I''.!]., p. CI; Lii N.v< v. \,>i Nrvc. 
 :^ Atk,, '.)")! ; Tiinistiill V. 'l'in|iiii'.s, :i Sim., "i^tl .\;;i!i Hiiuk v. 
 !!;uiy Ij. l!., 7 F, . A- 1 Aiip. , 1.);"). 
 
^'■m 
 
 1" 
 
 i! ■ ■ , 
 
 m 
 
 ii 
 
 818 
 
 ui;(;isTKHiNf; oh omittinc; to iiKoisrivii. 
 
 c IIAI- X. 
 
 ru;^istry of i\ sul)Soquent deod to dctV'nt tin- t'onncr, 
 as such rc'<j;istnition would bo a fraud (I). Al- 
 tliouj^li this was the practice of the Courts of 
 E(|uity, no statutory oudorsation of this doctrine 
 Eihlorsa- was |)roniul;j;ated prior to tlic passinj:^ of the Rog- 
 
 tiiin of 
 tujuituli 
 e\u\i>nci 
 of iiotii' 
 
 of J{,-. 
 
 Act of 
 IHC;-). 
 
 istry Act of lsr»;") ; by the si\ty-lifth section of 
 \vhic)i it was provided, that jjriority o" jj;istra- 
 tratioii shouKl in ail cases prevail, un,. ss before 
 such prior r(\L!;istration there sliould have been 
 actual notice of tlie prior instrument l)y the party 
 chiiuiiuLf under the pri >r registration '1 
 
 sivtv 
 
 seventh section of the Ih.'gistry Act of isds was to 
 the same eli'ect, and is preserved in^the section 
 under consideration, witli the exception that the 
 words " in all cases'' have been omitted. 
 Prcsi'iit This section uniy be re,c;arded simply as a <[ual- 
 
 fxteii'sion ihcation of section seventy-four rn/Ar, wiiicii confers 
 
 of 
 
 iff. I- 
 
 .StVUllU'llt. 
 
 priority according' to the order of ree;i,stration in 
 favor of purchasers or mortgagees for valuable 
 consideration, without actual notice. It delines 
 the notice which will displace [)riority of registra- 
 tration to consist of actual notice of the prior 
 iiiatnininnt, which is unregistered, on the part of 
 the i)erson claiming uiuler such prior registration. 
 Prior ill- The words "prior instrunn^nt " have reference to 
 an instrtunent executed prior, in [mint o( time, to 
 that claiming priority of registration. Notice of 
 an instrument executed subseipient to that which 
 is registered, although actual notice of sucli suh- 
 se(pient instrument is acipiired befcnc the registry 
 of the former instrument, would, of course, Ite 
 inoperative to prevail over such registered instru- 
 ment. The introduction of this and the corres- 
 ponding sections of the Registry Acts of IHfIa anrj 
 
 111 Kyiv V. Dolpliiii, '2 Hall k B.. iJO'i ; SlK-klon v. Cox, 2 Pali'ii, 
 •221 ; JJliidis V. liliules, 1 Ec], .\1)., SfiH. 
 
iHAl'. X. 
 
 (•ll\lilS Kl!l!(»li IN SK(1U)N Nl. 
 
 819 
 
 18(')S wiis. a-; lias boon already roiuarkt.'d, to adopt 
 us part of t!i(,' Statiito Law, tho j)ractico of the 
 Courts of lM]iiity, avoiding ;is fraudulent tho rej^is- 
 tration of a sul)so([uent instrument as aji;ainst a 
 prior unre;^istereil instrument, where the [)iirty 
 elaiuiin<j; under sn<di sul)se(juent instrument had 
 notice of th(! prior one A person purchasing land 
 with actual notice o( an unregistered deed is, 
 under tiiis st'ction. bound by such deed according 
 io its true purport and ett'ect, unless his error 
 arises from souu- cause, which, in law, excuses 
 him; and. therefore, where tlie unregistered deed 
 is of an unascertained part of the land, such 
 purchaser takes, subject to what(.ver thi; deed con- 
 veyed, llis erroneous supposition as to the extent 
 of laud conveyed thereby, or his ignorance of tlie 
 names of parties interested thereunder, makes no 
 difference (1). 
 
 The general rule in Eiiuitv as to the operation <'''»f'''^l 
 
 , • • , , , 1 , • • rnU' as to 
 
 01 notice IS, as we liave seen, tluit the notice, ni noti^ti Ik-- 
 
 orderto be effective, must be given to the intending''.'^' '^■"^■*^" 
 
 purchaser prior to the execution of the conveyance 
 
 under wliich he claims,* and prior to the payment 
 
 Df the [uircliase money ; notice accpiired afterwards 
 
 not being of any avail. Through some error tliis [lucntion 
 
 doctrine, wliich was intended to have become !''''f''* "■' 
 
 luie to 
 
 incorporated in the stattitt', is extended by this n'l'M.'t tho 
 section to a degree beyond the jioiiit whi(di it is j„i,.t '^.f 
 
 lirol)able the franiers of the Act designed it to be ,'*^'^*"'^'' 
 
 1-11 • • ''^^^'" 
 
 iipphcable. It is wxdl st'ttlod that no i)ri()rity 
 
 iittachcs to a prior registered deed, where the party 
 olaiming thereunder has notice of a prior unregis- 
 tered deed at the time ot his purchase ('2). 
 
 (1| Scvcin V. A[cr,illiiii, I«J dr., 'J-JO. 
 
 (•Jj Uf Wrights Moitgai,'.' Tiiists L. [{ , itl Ivi.. :\r,{). 
 
Isl 
 
 !l 
 
 ii:, . ' 
 
 '■' ■',. '; 
 
 |: 
 
 ill I 
 
 
 820 
 
 ItKiilSTKKJNd <)J{ 0:MnTI.\(i TO KKOISTKH. 
 
 I HAP X. 
 
 liowever, liavo 110 (loiibt tliiit the Legislature, it' thoir attoii- 
 ati's'iV' ^^'*'^ ^^'•^^ i-alk'd to it. would correct a very serious 
 priiu'ipk's effect wliif'li this sixty-seventh section may have. 
 teiui<(i iiy'l'hc intention was evidently to proti'ct an innocent 
 L»risiii- puvchaser who had not actual notice when he 
 effected his purchase : hut the section is worded 
 so as to refer the notice to the time of registration 
 instead of the time of purchasing (U- paying his 
 money." In the same case Gwynne J. remarks. 
 " J5y some mistake, either of the drauglitsinan, or 
 of the corrector of the press, the language us(.'d, 
 when we come to scrutinize it. if the clause is to 
 have effect in a case arising literally within it, 
 enunciates a i)rinciple so remote from everything 
 just and e([uital)L\ that we could have no dit'iiculty 
 in saying, if we could judge of the intention of the 
 Legislature, otherwise tjian iiy the language used, 
 that the introduction of such ji principle was 
 never contcMnplated." This socticm, as it stands, 
 although meant to he, is not in reality a doctrine 
 of E(|uity. but the contrary'. ■' To give literal elfect 
 to this clause would be to deprive a piu'chaser for 
 valuable consideration ii-illimit inii/ entice whiitever 
 of the pri(u- instrument Ix'fore he got his deed and 
 paid his i)urchase mout'y, if actual notice of such 
 prior instrument shoulil be broughi home to him 
 m the interval between his getting his deed and 
 putting it on registry. " ' ' I have come, 
 however, to the conclusion tliiit as we have no 
 means of judging of tln^ intention of the Legisla- 
 ture, otherwise than by the language useil, we 
 must give effect to the clause as it is expressed. 
 Xo doubt the mistake has only to be pointed out 
 
 (1) '2n V. V. v., 17. 
 (•_') 11)., ]). i")7. 
 
I HAl'. X.l 
 
 NOTICK Mr>-1 UK " ACTIAI, 
 
 821 
 
 to the Legislature to be rectified. '" It lias, how- 
 ever, been detorinined in a case arising subsequent 
 to the passing of the Registry Act of IHCt'), that 
 where a purchase was completed, conveyance exe- 
 cuted, and purchase money was paid without 
 notice of tiie plaintitfs claim, Init before the 
 defendant registered his deed a bill was filed by 
 the plaintiff, and certilicateof //.s'^>r;/r/(v/.s registered, 
 the defenibmt did not thereby lose his defence as 
 purchaser for value without notice, registration 
 before acquisition of notice; being unnecessary (1 ). 
 
 It was lield by Uichards C. J., that the object ofEfftctnf 
 this section was to limit the ])()wer of a Court of '''■'■'"^'" 
 I'lquity to grant relief and to transfer that power cquituiplL' 
 to a Court of Law (2). 'lliis view was dissented'' 
 from in the case of ^lillar v. Sinitli. .•mpra. 
 
 The notice of the prior instrument is required Xoiiti 
 by this section to l)e " actual" (o). as constructive ^Iji^tuai.' 
 notice, independent of the express language of 
 this section, is inoperative (-1). Clear proof of 
 such actual notice is necessary (5), the evidence 
 on this point being required to be distinct and 
 satisfactory in order to disijlacu a prior registered 
 instrument ((>i ; in fact it should be so clear that 
 the fact of inattention thereto would be tantamount 
 til a fraud. 
 
 it has been already obscrvt'd that ])OSsessiou I'ossessiou 
 j"'r sc is not notice to affect a registered title (7). luaoimt to 
 It certainly does not amount to " actual notic(> of "'"■'"''^' 
 
 ill S:ni(1fi-son V. P>iiiil.'tt, n; (ir, lilt; hoi; Kvsox v. Biin^'h, 
 1 V. .V V.n\. |(\C.i, (;•-'() ; Kls.y v. Lntv.'iis, S Hare, lu'.» : Kiddick v. 
 Uliniioii. (1 Ir. .Tut- , 8'.) ; sec p '.'ll, (iiitr. 
 
 r>> Txindy v Fox, 'i'.t I". (' l^. at )), T2. 
 
 i-U Koi- V, niuilcii, -it (;r.,r,S!). 
 
 1 1) Sodcii V. Stevens, 1 (;r.,;S4f;; F.iiiass v. McDciiMld, '>(ir.,H\t). 
 
 I'.i Wviitf V. nanvell. ]',) Vis., -IW, jur Sir Win. drant. 
 
 It'll Hidhwood V. Waters, I'l (Jr.. ;^'2!( : Nixon v. Hamilton, 1 Ir 
 Ki|. U , .-)(!. 
 
 i7i Sec pa;,'!' '2H2 ante. 
 
 m 
 

 n 
 
 liii 
 
 f 
 
 1 ■ , 
 
 
 822 
 
 uotii'f of a 
 juior iii- 
 stiniiii'iil. 
 
 I{K(ilSTKhl\(i UU OMITTlMi TO ItKOlSTKK. 
 
 i I MAT. \ 
 [ 58(1. 
 
 Actual 
 uolico oT 
 
 tercd iis- 
 signmcut 
 ijf uni)iit- 
 ent('(l 
 lands. 
 
 Of what 
 registra- 
 tion (if de- 
 fective 
 convey- 
 ance is 
 notice. 
 
 a prior instrnmont." As Spr!i},'<,'e V. C. remarked 
 in (iroy v. ]3all (1), " It would 1)(; iiu anomaly, 
 looking ut the way otniitablu intt.'rtsts an' dealt 
 with l)y these Acts, to hold ijossession by the pei'- 
 son having such interest jwr se notice against n. 
 registeriul title, when poesession hy a {xu's on hav- 
 ing a ■ prior instrunuiit " would not he notice."" 
 It has Ix^en exi)ressly hidd that possession is not 
 sufticient " actual notice "' under th!s section (2i. 
 
 Actual notic(! of an unregistered assignment of 
 un))atented lands has the same effect as like notice 
 of an unregistered conveyance after patent issued. 
 A purchaser from the Crown having assigned his 
 contract for valuahle consideration to a purchaser, 
 who aftti'wards died without having registered his 
 assignment, executed a second assignment of the 
 same lands for a trifling sum to another person, 
 who had actual notice of the tirst sale at the time 
 of his purchase. Having registered his assign- 
 ment, and, upon application, obtained the patent, 
 it was held that in consecpience of such notice 
 the second assignnee took subject to the rights 
 of the heirs-at-law of the tirst assignee (8). A 
 purchaser or mortgagee is not required to make 
 enquiries with a view to discover any unregistered 
 instrument (4). 
 
 As a deed defectively executed so as not to pas.s 
 the title is nevertheless evidence of a contract to 
 convey, notice of such defective deed is equivalent 
 to notice of such contract (.")). As between equit- 
 able incumbrancers, priority may be gained hy 
 
 (1) -JH (ir , at |). H'.ll, 
 ("2) Sherlioiiciiii \. .Irffs, 1.") (ir., .")7i. 
 (H) (ioff V. ListtT, 1:5 (ir.. KKi ; S. C, U (ir., 151. 
 (4) Agra IJank v. liarry L. U., 7 K. ^S: I. .-Vpi). I'M) per Lunl 
 Selhornt'. 
 
 (;")) Uavis v. Karl of Stratiiiiiore, Hi \'es., lli)-i'28. 
 
 
 ll 
 
m. J 
 
 SLl!SK(;L'ENT ArqllSlTK 'N lH' NOTUK 
 
 323 
 
 prior rcjjjistrfition. und such priority may lie de- 
 fcatcd l)y noticu as in other oases (li. A i»ur- I'liirhastT 
 chaser, whose i)riority miffht l)e (leteatod under „„,iL,j. 
 this section hv ha\'in^' actual notice of a prior "'">' '"'^l^" 
 
 1 • ' e valid 
 
 unrej^Mstered instrument may, nevi'rtheJess. confer tiansf.T to 
 a f^ood title to an assif^nee for value without such '''.''I 
 Uijtice, who re;^isters his own deed and that to the not 
 ])urchaser hefore the registry of su(di prior instru- 
 ment, or hffore lie acfplires notice thereof rl). 
 
 witliuiit 
 
 let'. 
 
 t has alwavs been 
 
 held. 
 
 \\i cases I 
 
 lecidv'd undi'r 
 
 the English and Irish Ihgistry Acts, that a [)iir- 
 chaser, who has no notice of a i)rior incumhrauce 
 at the time of th(i I'xecution of his conveyanfe, 
 can, upon the suhsequent ae(|uisition of suidi 
 notice obtain priority by earlier registration; for 
 his registering in conseipience of after acquired 
 notice is no more than would occur under the 
 former law, wdiere an encumbrancer, without notice, 
 protects himself liy getting in an outstanding 
 ttrm u[)()n receiving notice of the mesne charge 
 [•\). As where a settlement was executed before 
 marriage but not then registered, and subsecpient 
 ti) the marriage the party claiming under the set- 
 tlement had notice of a prior unregistered incum- 
 brance, whereupon he registered the settlement ; it 
 was held, that the prior registration of the settle- 
 ment, entitled such party to priority over the 
 iiicuml)rance (4). 
 
 The word "by" in this section is evidently an \v,.i.i 
 
 n> 
 
 (ll lictlllllU' V. (.'lUllclUt, 1 CrV , 81. 
 
 (•2l In If. Flood's Kstatf, Vi \r. (', I. H., .U'i ; sw r.owtln-r v. 
 Cailtoii. •_> Atl<., l;il' ; see p. 'J 10 ante. 
 
 (H) Fisher, on nit},'es., ji. {'>.'>'). 
 
 {l\ KIsiv V. Lutveiis, S Utile, ir,\); Kssex v. l!an(,'li. 1 Y. >V C . 
 <" f. ;i'-'il I'lk-adick V. (;ieniion, i; \v. Jul-., ;iSt: MrNcill v. C'aliiU, 
 -' lili , '2-2H. 
 
•Mi; 
 
 
 821 
 
 I{K(ilSTKHlN(i OK (l.MlTTlNd 
 
 TO liKdlSTKU, [' "^;' ^ 
 I. JMl. 
 
 iii^i 
 
 ^il 
 
 sfctioii crvoneoiis insertion. The word "to" should liavr 
 
 sllOllKl lie 1 • 1 T 1 
 
 "to. ' l»ecn used mstciid (1 ). 
 
 lU'"istiv ''' "i'l^^'i* to ascertain the order of rci^istratioii, 
 
 iinnilMT f(^. the pnriiose of st.'tthnj; the (|Uestioii of priority 
 
 on iiistru- . • , i i i i i i ■ ' 
 
 iiicntsinc of rc}:;istration. tlic numbers endorsed by the l!eo- 
 (•yidcMcc i^ti-.Q. u]),,)). and assigned by hiui to th(! resi)ectivc 
 
 of oilier or ' _ . . 
 
 n-'nistni- instruments in I'ursuance of th(^ Act, will deter- 
 '"" mine that fact. As where two instruments were 
 
 registered upon tiie same diiy and at the same 
 hour, it was assumed that they were duly entered 
 in the order in which they were received by tl)e 
 Registrar, as indicated by their respective numl)crs. 
 One of these instruments being nunibe-red 7(54 and 
 the other 7<)8, the first instrument was deemed to 
 have priority ri). 
 
 Under the Registry Laws of the Province of 
 Quebec, howevrr, it has been held that where two 
 deeds luive been registered at the same time their 
 relative priority is not decided by their respective 
 numbers, but by the dates at which tluoy were 
 passed or executed (^3). Similarly, where the cer- 
 tificate of tlie registrar shows two deeds to have 
 been registered upon the same day and hour, and 
 that precedure in number has been assigned to 
 one of them, it has \K^en decided tliat both deeds 
 must, under Stat, i Vic, c. ;U), s. 11, l)e collocated 
 concurrently in distribution (4). 
 
 Aw to SI. N'd ciinitiiMr lifii. clmi!^!-!, or i.iti'icst; att't'<'tiii;,' laiul sliiil 
 
 (_'i|uit;ililc be (111 iiKil \aii ( in :iity ('cuitt ill this I'loviiico us rif,'iiinst n rv/- 
 
 lipiis, Ar istcrtil iiisti iniicnt cxccMittd I'V tlic siuiic itarty, Ins liciis iJi- 
 
 Tiu-kiii". ilssi^■lls ; luul tacking.' sliiill not lie iiUowcd in imy ciisc to iin'V.iil 
 
 iif^ninst tllr lildvi.<inl;s (if tills Act. Ill \'.. (; 2i\ s. (IS. 
 
 (l! MiUnr V. Siuirii, •!■'< V. C. 1'., 47 
 
 (2; Nrvc v^ I'.'iiiiril. •-' H, (V >ril., 170: nn L. J. iCliy.). I'.i ; 
 s(;c Moore vs. .MitlKin, 'J Ir .Tiir, N. S., '277 ; .loliiison v llolils- 
 wortli.l Sim. X. II., loi;; \V( sthniok v. IJIytlie, ;< Kl. tV li., 7:i7 : 
 llu!,'iies V. r;iiniley. 1 Kl. I'V: \^.. '274. 
 
 (Ill (ireiiiei- V. Chuunioiit, .'i L. ('. V., 7H. 
 
 (4) Lenfesty v. Keimud. '.» L. C. It., -I'JH. 
 
n 
 
 C IIAIV X. 
 
 I.IKNS. 
 
 '.i2: 
 
 A lion is not either a jks in re, or a //^^' ar/ /v;//, r-ivn ilc 
 
 Imcd. 
 
 tluit is to say, it is not a proixjrt}' in the thiii^' 
 itself, nor does it constitute a ri^^ht of action for 
 the thing. It simply forms a (•harf:;e or en- 
 (■neumhrance u[)(ni tiie thinj^'. Liens arc eitiier 
 leyal or e(iuital)le in their chariicter. 'Die former 
 (rlass are created either ])y express agreonient, or 
 by usage of trade, or l)y mere operation of law: 
 and it is generally essential to the existence of 
 this class of liens that they should he acc()mi»anied 
 hy possession of the tiling on the [)art of the per- 
 so)i claiming tlie lien. The latter class of liens 
 originate, and are sustained in e(piity, in cases 
 where they are unknown at law, and generally 
 arise from constructive trusts. They can exist 
 wholly independent of the possession of the thing 
 to which they an^ attached, and are usually 
 enforced in etpiity hy a sale of the property 
 affected therchy. 
 
 A familiar example of an eipiitahle lien is to he VcikIui's 
 found in the vendor's Hen for unpaid i»urchase '"'"• 
 money, whitdi lien attaches to the laud as a trust, 
 whethe)' the vendor executes a conveyance, or only 
 contracts or agrees to execute the deed. 'This lien 
 of the vendor is (piite independent of ,\uy posses- 
 sion on his part, and is enforceable not only against 
 the vendee personally, but also agaiiihi volunteers, 
 and subsecpient purchasers having notice that ihe 
 l)urchase money remains unpaid. 
 
 A vendor's lien for unpaid [lurchase money was 
 hold to retain priority over the lien created by a 
 judgment registered under the Act 18 i.V 14 Vic, 
 c. ')S (1), that statute making no change in the 
 
 (1) Hughson V. Davis, -i Gr., "iHS. 
 
S2f; 
 
 liK<USTKIllN(i (»H ll.MITriN(. HI IlK.i.ISTKi:. 
 
 'CHAP. X 
 
 L SMl. 
 
 I'liuiti 
 iiidit- 
 
 ri^'lits of tM|uitiii)lr t'liciimhnuHiors ( 1 ). The lien 
 of the Vendor will he waived hy his taluiifj; ii iiiort- 
 {,'iif^e for the unpaid jmrchase money upon the hind, 
 or upon any part ot it, or u])on other lands I'ii. 
 A imrtdiascr of r( a! estate luivin^ executed to liis 
 vendor a tuort^'aj^e for a haJance of unpaid [tur- 
 chaso money, wliieh mort^'a^^i^ wat* not re^Mstere(K 
 it AvaH hehl under tluit statute, tliat the jud^nnent 
 ohtained priority, althou^di the (h'l'd to the ))ur- 
 ehaser had l)eeii re^dstercd {■)). The ne^fhjt't of 
 the vendor to rej^'ister his morti^'a-j^e suhjccts liiiii 
 to the hahihty of i)ein^ postponed, and he will not 
 he pcrmitfed to repudiate the resuhs of such 
 ne{j;lecl. and to revert to the lien which he has 
 ahandoned. W'liere the vendor, howi'Ver, had not 
 taken a nio)t,L;ii;;e to secure the unpaid i)urehaso 
 money, hut instead, had hron«^iit an action a.i^ainst 
 the veiuh'e for the amount of suidi piireduise money, 
 and hii.d reeovered jiul<,Mnent, it was hehl, that he 
 had not thereby waivi'd his lit'U tlierefor, and was 
 entitled to retain i)riority in respect of such lii ii 
 over another judjj;ment creditor of the vendcf, wlin 
 had rej^istered his ]'udf.;ment before the recovei'y of 
 the vendor's jud-iment (I). 
 
 I''allin<!' within the delhiition of an 
 
 e( 
 
 uita 
 
 He 
 
 ien. ehar-ic or interest atTectinu land " m.iv be 
 
 cited tliat class of niortga<,n's which are not created 
 hy the express deeds or contracts of the [larties 
 thereto, but from implication in eipiity, from the 
 nature of the transactions between the parties, and 
 known as e(juitable mortgages. If the title deeds 
 
 (1) ]\[cMiist('i' V. I'liijips, "i (ir., 2i'>:i, i>i>|iiiiV('(l Fcnass v. McUdii- 
 
 ali 
 
 i, 5 Ch'., HJO ; sec Mc(^iU'Ktien v. Caiiiplu'll, S (ir , "ilj 
 
 rii l)('(iciir V. Smith, 1 1 (ir. 
 
 re; O'JJonoli 
 
 10 Cir. , '.lo ; AniU'rsoii v. I'rolt, II.., (ill). 
 
 t[W 
 
 lleiiilir( 
 
 lliiri 
 
 V. Howell. H (ii-., ;i7. 
 
 1) Flint V. Smith, H ( Ir.. :{;{!) ; sue Graves v. Smith, 2 E. \ A., H : 
 
 H 
 
 (1) 
 (irvc\ V 
 
 Smith. Il>., 4S(t, 
 
' CHAP. \ 
 
 L JHl. 
 
 'he lien 
 
 a inort- 
 hc laud, 
 iiuls i-it. 
 'd to liif^ 
 aid I'lir- 
 ^istt'i'tMl. 
 
 the puv- 
 .uloct of 
 H'cts him 
 1" will not 
 of such 
 1 ho has 
 ', had not 
 l)urchasu 
 lU a.uaiust 
 sc money, 
 fl, that he 
 and was 
 uch litu 
 del', wlin 
 •overy of 
 
 i'(juitaliU' 
 m.iy Ije 
 )t created 
 ic parties 
 from the 
 .rties, and 
 title deeds 
 
 212. 
 
 V, lleuilivolf. 
 
 ,2E.c^A..'.': 
 
 fHl. 
 
 i;(^rn.\i;i,r, MoiMciAOKs. 
 
 327 
 
 (if an estate are deposited liy a dchtor in thi' hands 
 iif his creditor, as security for a deht, or to cover 
 a fresh sum of money or furtlnr advances, it 
 amoiuits to, and is eviiU'Uce of, an executed agree- 
 ment for a mortgage of the I'state, and will ho 
 I'lil'oiced in favor of tiie creditor, and the dehtor 
 will not 1)0 allowed to plead the Statuti' of I^'rauds 
 il). A mortgage having hccn ercattd ihrough the 
 deposit of the title di'i'ds, and tht! horrowcr having 
 signed a nu-morandum stating the sinn loaned and 
 times of repayment, and agreeing to execute a 
 writing in order to enahle the Icnihr to transfer or 
 control the mortgages so deposited, it was ludd, 
 that tlu^ memorandum, not Ixing in llie language 
 of the llegistry .\ct then in force cii, " a (\i'V{\, con- 
 veyance or assurance aft'eeting lands,"" did not re-' 
 ipiire to ho registered, in order to s(>curo its prior- 
 ity over a suhse(pu'ntly registered incumhrance iHi. 
 I'nder the Mnglish iJegistry Acts it was ImIi], how- 
 ever, that a nu'morandum not under seal, accom- 
 panving a deposit of deeds hy way of e(|nitahlo 
 iiiortgtige, ri(jiiii-((l registration to preserve its 
 l'l(|iiil able niortLraiirs were exiUHsslv 
 
 iriority (I 
 
 ■\cmnted from tlie ojniation of tln' IJegistrv Laws 
 
 thr Acts l;} and 11 \i'. 
 
 (i:{, s. :], and Ihr Act 
 
 IS V 
 
 I-il 
 
 H, il 
 
 icorporated in the t"iftv-tiiir(l 
 
 action ot Coll. Stat. r. (,'. c. M',1. and rr-enacted 
 
 the Act 2! V 
 
 II, 
 
 ss. 
 
 (•) 
 
 Tl 
 
 lis excep 
 
 tional protection w;is properly removed hy the 
 llegistry Act of DSCi;"), the sixty-sixth section of 
 
 ill I'lTcf V. l-5iny, 2 Dn \v, 12 : Ex. \<. Mi».s, :) lied. ,v Sm., 
 .".'.I'.i : Jli'lhr V. Stitt ,1 al, 17 I . C. I'., .■■,;" (I ; s,ir lioyiil ( 'iniiidiuii 
 l.aiilv V. ('tumiii )■, !•") (;r.,(;'J7, Di'iiistduii v. Fylc, 11 Gr.. H72 ; 
 •Icuics V. ]?iuik of r. ('., l:! dr., 7-1. 
 
 i2) C.S. U. C. c. Hii, 
 
 I'M Harrison v, Ainioui', It (Jr., 'MKl. 
 
 |4| Neve V. Pciiiifl, ;!.•! L J. Ctiv., lil ; Sih; Woniiuld v. Mait- 
 hui(l,;j,5L. ,]. (N. ».) Chy-.C'.). 
 
( 
 
 ililll 
 
 8'2H 
 
 lli;(itSTKI!I\(l (lit (iMnilNii 1(1 ltl''.(i|STl;l! 
 
 I MAI'. S, 
 
 iiitiili 
 
 liuii, iS:c, 
 
 wliicli irt idiiiticiil with tlic sictioii uiuUt cum. 
 Hidorntion (1). 
 lUitroh|Mc- Altlioiij^li till' sixty-sixth section of the llo;^'istr_v 
 orstriiiTi! -^^^ "' l^*'-''''!'^ hccii Ik 1(1 not to operate! rctrusijcc- 
 tivcly (2), it has hctii said that as that .statute did 
 not coiiie into iovcv until some months after its 
 passiif^e. the interviil was allowed to parties havin;; 
 ('(piitahle liens, (diarj^es or interests at the time 
 tile stiitute was j)assed, 1o ( iiaide them to assert 
 their rights, and that all ri;^'lits not so asserti'd 
 wore sunnmirily extiuguishetl up(»n tho statute 
 comin<4 into etVect (!3). 
 Notice ■if It is essential to tin; niaintonance of tho priority 
 of tlio royisterod instrument over tho o(|uital)le lien. 
 ehar<»e or intcn'osts tliat tlie former should l)o taken 
 without notii-e of the adverse chiim, tiie statute not 
 avoiding a prior e(juity against a suhHecjueut regis- 
 istend instrument, where the latter is taken with 
 notice (1). It has heeu .said that this soctioii docs 
 not contain any stronger words for excluding notiee 
 than arc to he found in section seventy-four, aiilr. 
 Tlie languiige of hoth sections is ahsohite, and if 
 the judicial construction of the language of the 
 seventy-fourth section restricts its operntion tn 
 cases where tho registering party, prior to his pur- 
 chase or mortgage had no notice of the unregis- 
 tered instrument, it would appear that a similar 
 construction of the eighty-tirst section cinmot he 
 withheld (")). 
 
 (1) Stv Millar v. Kiiiitli. 2:; V C. V 
 (•2J :Mcl)<iiiiild V. ^r(•l)mllli(l, I I (.1 
 
 Moori' V. ISiiiik (if 1^. N. A., 1". O 
 10 r. C.li.. 5l:{. 
 
 .SOS : 
 
 1 ( ' wynrif, J 
 
 C, 1(1 (ir., '■■" 
 
 Doley <■' "/ V Sill, 
 
 (B) Bell V. Walker, 20 Gr., noH; uttirimHl Gruy v Hull, 2U Gr.. 
 H!)0 ; SIM' Slu'rlidncuu v, .IcfTs, 1") Gr.. .j74. 
 
 (4) Wigle V. Scttcriiin'ton, 11) (jr., 512; Forroster v. Camiilicll, 
 17 Gr., ;J7l» ; Suveni v. McLellan, I'.t (fr.. 220 ; HayiK^s v. (iill.ii. 
 21 Gr., 15. 
 
 (o) ForruBter V. Camiibell, .•.•i//>/'.j. 
 
 1 '1 
 
1 ll\l', N. 
 
 con- 
 
 OSl)r('- 
 
 iti' ilitl 
 tev its 
 huvin-j; 
 
 w liiiii' 
 
 assert 
 
 ssui'tt'd 
 
 statutt' 
 
 j^iriorit) 
 hlr lien, 
 bo talu'U 
 Ltutc lint 
 lit iH'nis- 
 ken witli 
 .ion does 
 )(' notii'e 
 r, ((/(/('. 
 >, ami it' 
 i.l' till' 
 itiou to 
 his pnr- 
 unrof^is- 
 siniiliU" 
 iiiilMit bi' 
 
 ,/ V SlIHi... 
 
 CiiiiM''""' 
 ,s V. OiU''ii' 
 
 ( IIM'. X, 
 
 >ir.ANIN(i or TK.ltM 
 
 SAMK I'.>IITY, KTf 
 
 !{•»« 
 
 52!) 
 
 NotictMif !i Vendor's lien is siitVicicnt to cliar^'o n ;'^'"*",''' ",' 
 
 Itiircliasor. if received by bini at any time prior to the li. n. 
 payment of the whohi of the pnrcliase mom y 1 1 ),and 
 the notice must bo " actmii " in its chfiracter (2). 
 Tlie e(piity asserted by this plaintiff in the case of 
 r.cll V. Walker lil) \vaH one a^'Jiin^t which re^istra- 
 lion alTords a due i)rotection (I). The owner of 
 town lots '1') and 2(» sold a portion of tlu; latter lot 
 to one !'., but, through a mistake, the desciription 
 in the derd was sindi as, at lilW, would [iiiss tlio 
 whole lot. II'' sul)S('(iU(nitly sold to the plaiutilf 
 jiii -2.") and all that part of lot '2(') not i)revioiisly 
 .■,old to I'. Till' nlaintilf's deed was chily reu'istercd. 
 Siihse([uent to the re;.;istration of the plaintitf's 
 (litd, tile (h.'fendant obtained a conveyance from 
 I'., tlh' (h'scrii)tion therein beinf^ iiUmtical with 
 that contained in tlu' deed to I'. In cMiit'oruiity to 
 til'' rnlin,^' in 1)0 11 v. AN'alkiT, it was hcM, that this 
 siction ai)[)liod to interests sudi a,s that claimed 
 hy the plaintiff (o). This section was enacted to 
 iiu'i't ai'.d annul the doctrine, that where an equity 
 existed indei)endently of any instrument capable of 
 rt'^istratlon, the lie.^istry Laws did not ii[)ply ((>). 
 
 lorn 
 
 section avoids 
 
 ('( 
 
 pii 
 
 tabl 
 
 liens, \-( 
 
 as 
 
 iij^ainst re;,nster'd instruments "executed by the 
 ^ilme party, his heirs or assigns." The iiieaniii;^' 
 of this term a[i|)ears to b(! invidved in obscurity. 
 Is an e([uitablo lien, charge or interest alfocting 
 
 ill Stoiy ]v|., Ks. ItU 171; I'ftcikin v. Mcl'iiiliiiic, I ii|>ii. i;..'jr>. 
 
 i'J) liou V. liiaili'ii, "Jl (rr., ')>i\l. As to ('(iiistnu'tivi' iioticc from 
 
 the iilisciiL'i' of 11 rt'cciiit foi' ilio (.•onsiilci'iitioii iiiiiucv in a convi'v- 
 
 illll'C, 
 
 lUlWlU V, 
 
 1) 
 
 iii''iiiU), (i dr. 
 
 i; 
 
 Stitt. (Out. 
 
 cliiii). 1 ''*'•>. ^- 1- ^'^- '■ 
 
 iM) 'JU Clr. ")-"H ; sec piiiro iJOd <lllt<\ 
 
 it| III., \K ;"i(>;j. ..--^- 
 
 I.")) HayiHs V. (iillcii, '21 (ir.Tl'). See (iillfii v. Havin's, 83 IJ. 
 I . li.. .")1(;: .raiiiicsoii el al v. McColliun, 18 U. C. l{.,'ll.'i. 
 
 'h I'tr Spra^'^'e C, Uoe v. Braikii .•mpra. See Coolev it. ,il. v, 
 Siiiitli, lU U. C. !{., 5-t;{, 
 
 22 
 

 830 
 
 REGISTERING OR OMITTING TO REGISTER. 
 
 ■"cnAr. X. 
 
 lands valid as aj^ainst a purchaser for value, with- 
 out notice, ciaiminfj under a registered instrument 
 Mennintr executed by a person other than "the same party, 
 " siimc liis heirs or assigns ?"' Independently of the Pieg- 
 pnity.&c." ij^t^.y Act, an instrument affecting land executed 
 by a party, who claims an equitable as well as a 
 legal interest in the land, passes the equitable 
 interest, and the grantor cannot afterwards sot up 
 such eipiitable interest. This section, therefore, 
 if restricted in its operation to cases where the 
 registered instrument is executed by the party 
 having, or claiming to have, the equitable interest. 
 .and to his heirs and assigns, will be simnly 
 re-enacting a well understood rule. As the policy 
 of the Act is to protect bona fide i)urchasers for 
 value from secret claims or interests, it would 
 seem that it is not conditional to the avoidance of 
 an ecjuitable lien, charge or interest affecting land 
 against a registered instrument conveying such 
 land, that tl;e registered instrument should be 
 executed by the party claiming such lien, charge 
 or interest, his heirs and assigns, but that the 
 same will be postponed or deierred where tlu' 
 instrument is executed ])y a person not having 
 the lien, charge or interest, Sprage, V, C, in 
 Grey v. Ball (1), remarking upon the language of 
 this section, observes: "I have, I confess, not 
 been able to satisfy myself as to the intention of 
 the Legislature in the use of the words in the sec- 
 tior quoted ' executed by the same party, his heirs 
 or assigns.' The primary meaning of these words 
 would be * e..ecuted by tlie party who has thf 
 equitable lien, charge or interest,' and the clause 
 would read, that no e(|uitable lien, charge or 
 interest shall be deemed valid in any Court us 
 
 (1) 2.^ Ga, 3%. 
 
I Shi. 
 
 ^, witli- 
 L'uraent 
 ; party, 
 .le Ree;- 
 xecutc'i 
 
 cU iis ^ 
 
 {|uital)lo 
 
 s set up 
 
 lerefore. 
 
 liere tlu' 
 
 le party 
 
 interest. 
 
 ! simply 
 
 he policy 
 
 lasers for 
 
 it wouUl 
 
 )idance of 
 
 jting liurA 
 
 dng such 
 
 hould be 
 . cbarge 
 tliat the 
 here tbi' 
 t bavins 
 V. C, in 
 mguage of 
 ufess, not 
 itention of 
 in tbe sec- 
 bis beirs 
 liese words 
 has the 
 tbe cdause 
 charge or 
 
 CHAP. X."| 
 
 TACKING DISAM.OWKI). 
 
 831 
 
 Conrt a^ 
 
 against a registered inst r.raent executed by the 
 party having such equitable interest. But what 
 :is to registered instruments executed by others 
 than those having such equitable interests — are 
 tbev to continue to be valid as against them '? It 
 is in comparatively few cases that the party 
 having the equitable interest and the party exe- 
 cuting the registered instrument are (not) tbe 
 same, and where they are the same, the aid of 
 tliis provision in the statute would not be needed. 
 It is impossible, I think, that the Legislature 
 could have intended to confine the operation of 
 this salutary provision to such cases ; because if 
 so confined, it would practically be a dead letter, 
 and would disappoint the obvious intention of the 
 Legislature." 
 
 It is further provided that " tacking shall not Tackiup. 
 be allowed in any case to prevail against tbe pro- 
 visions of this Act." 
 
 Tacking is a doctrine of equitable origin, and ''".''^' ""- 
 has been defined as the union of two or more" 
 securities given at different times, in order to 
 exclude or prevent an intermediate purchaser or 
 encumbrancer from redeeming or discharging a 
 lien which is prior in date, without also redeeming 
 or discharging a lien which is subsequent to his 
 own (1). Wliere a third mortgagee, not having inii!,tra- 
 had notice, at tlie time of his advancing the money ^'^^"" 
 to the mortgagor, of the execution of the second 
 mortgage, paid to the first mortgagee the amount 
 of the principal money, interest and cost;:, due on 
 the said mortgage, he could take an assignment 
 thereof, and be entitled to stand in the previous 
 
 (1) Marsh v. Lee, 1 Cli. C, 1G2; 1 W. & T., L. C, 0.50; see 
 Bruce v. Duchess of Marlborough, '2 P. W., 491 ; Hopkinson v. 
 Kolt, 9 H. L., 574. 
 
832 
 
 KFClSTKKINti OH OJIITTINd TO UKdISTKK. 
 
 1 CHAP. x. 
 
 L M. 
 
 Tiickiiif; 
 aljolislinl 
 
 situation of the first mortgagee, witli respect to the 
 sum due upon such llrst mortgage security, upon 
 the ground of his defraying such first mortgage ; 
 and he was pevmitted, in addition, to he preferred 
 to the second, or mesne incuml)rancer, in respect 
 of his own mortgage, which he could tack on the 
 first mortgage security, upon the principle, that, 
 in such a case, the legal and equitahle estates 
 were vested in the same person, while the iiianc 
 incumhrancer had only an equitahle title, which 
 cannot prevail against one having the hoth, 
 according to the maxim "in acquali jure melior 
 est conditis possidentis " (1). 
 
 Tacking did not ohtain where ihe party claim- 
 ing the henefit thereof had notice of the prior or 
 viesne incumhrancer (2). 
 
 The doctrine of tacking was never favorahly re- 
 garded in this Province. Tlie Eegistry Act of LSKi 
 had a partial operation in the prevention of tack- 
 ing (3), and the doctrine heing admittedly antag- 
 onistic to the general policy of the Registry Law, 
 as well as heiug productive of injustice, was 
 ISA 11 removed by the Act 1:} & 14 Vic, cai). ()8, sec. I 
 (4). It has been said that that statute did not in 
 terms abolish tacking (5). To remove all doubt 
 upon this point, the Registry Act of 180.5 ((») ex- 
 pressly provided that tacking should not he al- 
 lowed in any cas(! to prevail against the provisions 
 of that Act. This provision is retained in the 
 section under consideration. 
 
 (1) (l(inli)ii V. I,( flii;iii. 2 (ri., 2'.):i ; llyiiuiuv. Ituots, 10 (u., 
 
 ;M(t; Me.Murniv v. liiiiiiliaiii. 2 (Jr., 'isil. 
 
 (•i| McMuiia.v V, liiiiiiliiini, .s((y^/(/. 
 
 (ill See C. S. V. C. c. MSt. s. u(j. See Bi'tliuiie v. Ctilcutt, 1 Or.. 
 81. 
 
 (!) Sei' C.S. r.C, e. H'.'. s. 5(). 
 
 (()) Sec Jjiieldcy v. Bowiuiin, )'2 Gr., Itil. 
 
 (6) See. UO. 
 
 Vie., ell 
 03, 
 
rciiAP. X. 
 
 L M. 
 
 !t to the 
 y, upon 
 U't^ago ; 
 referred 
 
 I respect 
 k on the 
 le, that, 
 ) estatfs 
 he luesiic 
 le, which 
 16 hoth, 
 re uielior 
 
 ■ty ehiim- 
 e prior or 
 
 orahly re- 
 Lct of'lH in 
 
 II of tuck- 
 (lly anta^- 
 
 try Law, 
 
 tice, was 
 
 ;8, sec. 1 
 
 did not in 
 
 all doubt 
 
 •,r. ((>) ex- 
 
 ot ho al- 
 
 )rovisions 
 
 ■d in the 
 
 {oots, HI ('I'. 
 Jalcntt.lCir.. 
 
 <: iiAiv X. ' 
 
 fONSOT.IDATlON OF .M()HT(i.\(lKS. 
 
 833 
 
 A mortgagor's devisee was held not entitled to ^^'"^'^ '^"^'^ 
 redi'em the mortgage, without also paying a judg- amount to 
 nient held hy the owner of the mortgage against *''''""'"• 
 the mortgagor. This is not such tacking as the 
 section forhids, heing based upon the desire to 
 avoid circuity of action (1). When the owner of 
 property mortgaged it to W., and then assigned 
 an undivided half to J., subject to the mortgage, 
 and afterwards mortgaged his remaining half to 
 B., who afterwards obtained an assignment of the 
 said mortgage, it was held that the rei)resenta- 
 tives of J. were not hound to redeem both mort- 
 gages, but only the mortgage to W. (2). The rule^"V«oii- 
 of equity, which permits the holder of several mort- 
 uiortgages created hy the same mortgagor upon^''^°®^- 
 separate properties to consolidate the debts, and 
 insist on being redeemed in respect of all before 
 releasing any one of his securities, is not "tack- 
 ing," and is not such a claim as the Registry Act 
 declares shall not be allowed to prevail against its 
 provision (B). In this case, L. mortgaged both 
 lots to K., and afterwards, in 1875, conveyed to 
 K. all his interest in lot 29. The plaintiffs in their 
 Bill charged notice by K. when he obtained his 
 mortgage and took the conveyance of both mort- 
 gages in favor of the plaintiffs, and claimed that 
 the plaintiffs were entitled to unite their securities 
 as against L., and all persons claiming under him 
 subsequently to the second mortgage to the plain- 
 tifl's, and that he and they were not entitled to 
 ledeem either parcel without paying off the whole 
 
 li ^Ic'Lan'n v. Fraser, 17 (m'., oiiS ; seo MrKinnon v. Andor- 
 "U, 17 Gr., (;;{() ; Fisher on ]MortKages, s. '2!'.t. 
 I'-'i HiKiklcy V. Kownuui, 12 (ir., 457 ; soe Forj^'uson v. Fron- 
 ieiiac. '.'1 (ir., ]88. 
 I'fi I'uniiiiion Savings & Invi'stnitait Co. v. Kittiiil^'c, "i'i Gr., 
 

 3 
 
 M 
 
 illi 
 
 laih^'^ 
 
 831 
 
 REGISTKRINCi OR OMITTINO TO HEGISTKR. 
 
 1 CTIAl'. X 
 
 L m. 
 
 amount due to the i)laintifTs in respect of both 
 mortsaf];es. Blake, V. C, in his judgment, said 
 (itneini; (1), "The general rule that a mortgagee can hold 
 consoiidii- two mortgages on dilFert'nt properties given hy the 
 tu)ii of same mortgagor until payment of both mortgages, 
 gages. even when one of the jn-operties finds its way into 
 the hands of a purchaser, is too well established to 
 be now impugned. But it is argued here that the 
 rule must give way to the clause in the Registry 
 Act, 'and tacking shall not be allowed in any case 
 to prevail against the i)rovisions of this Act.' " The 
 first answi.'r to this position is, that the uniting of 
 two mortgages in one hand against the same mort- 
 gagor, is not "tacking." The word "tacking" 
 had, at tlu! time of the passing of these Acts "ill 
 Vie, c. 24, and I'i *?c 14 Vie, c. (V6 — consolidated by 
 chapter 87 [sio of the Con. Stat, of U. C— a well- 
 defined nu aning, and was not then, as it i^annot 
 be now, correctly a]iplied to a claim such as tliat 
 made by the plaintiffs in respect of the two mort- 
 gages in (juestion. But even if. for the sake of 
 argument, it were admitted that the term "tack- 
 ing " is applicable to the present, it is not every 
 case in which it is abolished. It is not " allowed 
 in any case to prevail against the provisions of this 
 Act." The Act makes registration notice — that is 
 constituted the test — and here both mortgages 
 being registered, and the defendant K'lttvhhjc 
 dealing with both of the lots, had that notice 
 which this Act intended he should have. It is not, 
 therefore, easy to see what provisions of the \d 
 are violated when the prior mortgagee asks that 
 the person subsequently dealing with the premists 
 shall be held bound by the information found at 
 
 (1) At p. i;;;-!. 
 

 CONSOLIDATION IS NOT " TACKING.' 
 
 335 
 
 the Registry Office .... I think the defomlant 
 Kittr'uhfc took his mortgage with notice through 
 the Registry Office of all those encunihrauces 
 which give the plaintiffs the right now claimed, 
 and that on the first ground taken, it cannot be 
 defeated." The right to consolidate seiiarate Equitable 
 mortgage debts on separate properties being an |,JJ^',l,,,[j,jj^. 
 equitable one (1) will not, under this section, bet'""\\'" 
 
 11 1 • 1' i 1 1 1 1 !• il ""'' H'l't't 
 
 allowed ni lavor oi the holder or the mortgages )iuicii!isi'r 
 
 against a ))iiisne encumbrancer of one of the mort-^^'''V°"'' 
 " -* . • . notice. 
 
 gaged properties without notice, although such 
 right will .be enforceable as against the mort- 
 gagor himself (2). The case of the J)ominion 
 Savings and Investment Company v. Kittridge, 
 was commented upon and distinguished. The 
 head note to the case of llyman v. Root (3) was 
 referred to in a note as being evidently erroneous 
 in representing it as one of tacking, it being in 
 reality for consolidation. 
 
 As there were no express provisions against 
 tacking in the English Registry Acts, it was not 
 interfered with by the fact that the mesne incum- 
 brancers were registered (1). By the \'endor and 
 Purchaser Act (Imp.,) 1874, however, tacking has 
 been abolished. 
 
 Tacking has been excluded by the Irish Registry 
 Act {')), in cases where the Act is applicable {(')} ; 
 
 (1) Willie V. Liif,'g, 2 Ellen, 78. 
 
 |2i Browor v. Ciinacla I'onnanent Building AssDciation, 21 Gr., 
 oOO ; see Street v. the Gomnieieial Bank, 1 Gr., IC'J. 
 
 (;^1 10 Gr., lilO. 
 
 Ill Wrightsou V. Hudson, •_' E(i. Ab., (JOi) ; Carter v. Coolev, 1 
 Cux, lS-2. 
 
 I")) () Anne, cap. 2, s. 4. 
 
 iCii Dnnv V. Lord Norliurv, ',) Jr. E(j. R., 171 ; see Carlisle v. 
 \Vhuley, L. 11. 2, H. of L., 3''J1. 
 
r? 
 
 33G 
 
 RK(HsrKiUN'(i ou ()m;tti\(i Tf) i; MiisTKH. i'"M'-^- 
 
 although it i^ still permitted in cas 'S unail:'ecto(l 
 by that statute [1). 
 
 In most of the United States the doctrine is ro- 
 jnidiated {'2). 
 
 (1) T(Miisnn v. Swoonoy, 7 Ir. Eq. R., i'lll. 
 (•2) Tlu'iUiir- on Mt^vs/ldO; see PeabiHlv v. rait n, 2 Pick., 
 r>20. 
 
 ^i 
 
<IIM'. XI 1 
 
 I'l.ANS. 
 
 837 
 
 CHAPTER XI. 
 misc]<:llaneous pkovisioxs. 
 
 id) Plans. 
 
 [Iij Ko-rcKii^tration, &(•., wlicic Ki.'rristiy Books lost &c. 
 
 (c) Defects ill viKistnitioii cnie-d. 
 
 ((/) List of Cidwn (iniiits to he funiislied to liet,'istnu's. 
 
 i;8'i. lU't-'istratioii of plans of division of lands into smaller 
 parcels. Scale of plan and what to shew. 
 
 2. Dutj' of ret,'istrar8 thereafter. lustriuucnts must 
 
 conform to studi ))lan. 
 
 3. Penalty for refusing; such plan. How recovered. 
 
 4. To what land this section applies. 
 
 ^83. When ])lan must 'x' rei^'istered in case of lands subdivid- 
 ed before this Act. How to he made. 
 
 5^4. Plan not hindiiiK until some sale is made under it ; alter- 
 ations in plan. 
 
 !i85. Plans of towns «r villages to he registered in certain 
 cases. How to be certilied. 
 "2. Expense how paid. 
 
 iH6. Provisions for re-registration in ease registry books or 
 ])ai)ers are lost or destroyed. 
 
 §87. Registration made before 4tli JIarcli, 18GH, not to be 
 deemed void for certain defects. Registration in 
 hooks for iniincorporated villages. Proviso. 
 
 §88. Defective registrations before 2i)th March, 1873, not to 
 be deemed void. 
 
 '}.8[>. Registrations, etc., not to l)e deemed voiil by absence of 
 certificates, et(;. , in margin of books. 
 
 §'J0, The case of a township made ])art of a new tewnshi]) 
 without change of registry books provided for. Pro- 
 viso. 
 
 («) PLANS. 
 
 82. Wherever any land or original Town or Township lot Inis Ei.cristn 
 ceu surveyed or subdivided into Town or Village lots, or other lots ^■^^^'^^ ^j 
 
 sti differing from the manner in which said land or lot was su 
 
 ))lans oi 
 
 evid (U' granted by the Crown, that the saiiK^ cannot (U' is not, tijvision of 
 l>y the descri))tion given of it, easily and jilainly to be identified, im,,!^ i,)t,^ 
 the jierson, corporation, or company, making such survey or sub- gmni],,,- 
 division, their heirs, executors, administrators or assigns, attor- !-,,^,.y(.j.^ 
 ill ys or successors, shall, within three months from the (bit(> of 
 cvety such survey, or subdivision, lodge with the Registrai' a jilaii 
 or iiui]) of the same, on a scale of not less than one each to every Scale of 
 fiiiir (diains, showing the number of the Townshi]) or Town lots, I'lan and 
 ami Range or Concessiim, the number or letters of Town or Village what to 
 lilts, mid names of streets, with tlie astronomical or magnetic shew. 
 

 . {■ 
 
 888 
 
 Pnty of 
 tliurc'iiftfi'. 
 
 Iiistiu- 
 
 llH'llts 
 
 must cou- 
 'oiiii to 
 sucli ]ilan. 
 
 Pcinilty 
 tor I'cfiis 
 iiiK such 
 phiu. 
 
 How re- 
 covered. 
 
 To what 
 huul this 
 section 
 ai)i)hes. 
 
 Filiii},' 
 plans, &c. 
 under 
 Rc«. Act 
 of isn't. 
 
 MISCEIJ.ANKOIS PUUVISIONS. 
 
 rCHAP. M. 
 
 L sw 
 
 Under 12 
 Vic.'c. 35. 
 
 I !''1 
 
 hearinf? of the same, and showing thereon all roads, streets, lots, 
 and c'onnnons within the Haine, with tlui courses and widtlis 
 thereof resi)ectively, and the width and length of all lots, anil the 
 courses of all division lines i)etween the icsiiective lots within the 
 same, to^etiier with such infoini.ition as will shew the lot>, con- 
 cessions, tracts, or lilocks of land of the Townshi]) wheicin tlie 
 Himie is situate. 
 
 '2. Every such nmi) or plan, before hi^inf,' I'e^tistered, shall he 
 sij.^ne(l hy the ])erson or the chief oflicer of the corporation, hy 
 whom or on whose hehalf the same is tiled, and shall also he cer- 
 titied hysomc Provincial Ijaiid Surveyor, in the form of Schedule 
 L to this .\ct ; and thenceforth the lie>;i,strar shall keep mi 
 iiiilex of tht^ lands descrihed and desi^'mited hy any nnmher nr 
 hotter on su(!h maj) oi' iilun, hy the ninne hy which such ]iers(in, 
 corporation or (U)mi>iiiiy desii,'nates tiio same in the nnmner pro- 
 vided hy this .^ct ; and all insti'iuuents al'fectinj^' the huid or any 
 part thei'eof, executcul aft(!r such ))lan is filed with thi^ Ue^istrar, 
 .sliall conform thereto, otherwise they shall not ho ree;istered. 
 
 H. In the case of refusal hy sucdi person, corporation or cdui- 
 pany, his or their executors, Mf,'ents, er attorneys, oi' successors, 
 for two mouths after dennind in writing,' for that jjurposi', to lodj^'o 
 the said itlan or niajt wlaui renuired hy any jierson interesteil 
 therein, or hy the lnsi)ector so to do, he or they shall incur a 
 penalty of twiuity dollars for each and every caleiular month the 
 said nia]) or })lan remains unre^iistercd, which ])cnalty may he 
 recovered hy any person com))lainin<j, in any Division Court in 
 the county in which such lands are situated, in like manner as a 
 connnon deht. 
 
 4. Tiiis section shall a])ply as well to lands already surveyed 
 or suhdivided as to those which nniy hereafter he surveyed or 
 suhdivided, suhject to the next succeeding,' section. 31 V.,c. 'iu, 
 s.7(5; oo v., c. -i'.), s. 1 ; iV.) V,, c. 7, s. 16. 
 
 In the llegistry Act of 181G (1) provision was 
 made for the registration l)y any person, corpora- 
 tion or company, of plans or maps of lands sur- 
 veyed and subdivided by him or them into town 
 or village lots, in a niiinner differing from the 
 description of such lands as contained in the 
 patents thereof from the Crown. Such registra- 
 tion was not, however, made imperative. 
 
 By the statute I'l Vic, cap. 85, it was enacted 
 that the original owners of lands which formed the 
 site of any town or village, or tlii ir heirs, agents, 
 itc, should, within one year next after the jjassage 
 of that Act ['D, cause to be made and deposited 
 
 (1) Sec. 3:5. 
 
 (2) May 3Uth, 181'J. 
 
(HAP. XI. 1 
 
 m- J 
 
 IT.ANS. 
 
 38Si 
 
 in the proper Rcf:;istry Onice, a fitir iuid correct 
 })l!in or map of such town, vilhi^'c or ori^nnnl sub- 
 division thereof which was to be certitied by a 
 Land Surveyor and by such ori;^inal owners 
 therof, or their representatives ; and that in 
 default thereof, a penalty should be incurred. It 
 was further enacted that co[)ies of the nuip or plan 
 so deposited, certilit'd by the Registrar as correct, 
 should be taken as evidence of the origiual plan 
 and survey of such town, village, or original sub- 
 division. This act beiug retrospective only, and 
 not alfecting plans or maps of surveys made sub- 
 sequent to its coming into operation, and the 
 optional system necessarily resulting in conhision 
 and uncertainty, ailvantage was taken of the con- 
 solidation of the statutes in IBoi), to render it 
 compulsory u})on parties to register plans and 
 maps of surveys (,1). 
 
 The Ih'gistry Act of ISC);") still further amended \<va. .\et 
 the law in this respect, and rr(juired i'2) tlu- plans" ^''^' 
 or maps to be lodged in the proper Registry Oftice, 
 within three months from the date ol survey, and 
 to be certified to as being correct by a Land Sur- 
 veyor, and by the original owner or his representa- 
 tives. It was also provided that no instrument 
 affecting the hnid so divided or any part thereof, 
 executed subsequent to such plan, should be regis- 
 tered unless it should conform thereto. 
 
 These provisions were retained in the Registry Ke^'. Act 
 Act of 18('f8 (3), the only alteration;- being that the 
 map or })lan did not require to be certiiied to by 
 the owner or liis representatives, the certilicate by 
 the Provincial Land Surveyor being deemed sutli- 
 
 oi' 1606. 
 
 (1) C. S. T'. C. c. S!), s. Tit. 
 {•2} See 7:-}. 
 (;5) Sue, 7^. 
 
t :i 
 
 ^:ii 
 
 ill 
 
 JMO 
 
 JIISCKM.ANKOrs I'KOMSKINS. 
 
 1 i;W 
 
 :v,t Vic, 
 <•. 7. 
 
 Nut ('f)iii- 
 imlsdiy to 
 lilc pluuK 
 liofort! 
 
 Iiistni- 
 
 UH'llts 
 
 nuiBt cun- 
 forni to 
 plan. 
 
 Intention 
 of Lo{,'is- 
 latuie. 
 
 ciont ; and that tho InspoctDr could rofiuiro such 
 map or phiu to ho h)do;cd in the lici^^istrv Ot'lico. 
 Since tho Act ;V,> \'ic., cup. 7(1), tlic nni]) or plan 
 is r('([uirt'd to he si^Mu;d hy the person or the ch'ef 
 ollicor of the corporation, hy whom, or on wlioso 
 h(.'lialf the Bamo shonhl he filed, in addition to the 
 certificate of tho i'rovincial Land Sinveyor, 
 
 Prior to the HcRistry Act of IHll") it was not im- 
 perative that instruments affecting tiie lauds cover- 
 ed hy town or villaj,'e lots should he rej^'istered in 
 accordance with, or co)iform to, thei)lan lod<,'ed in 
 the Registry Office, and the llegistrar was not at 
 lihcrty to refuse to register an instrument affecting 
 any townsliip lot, or a part thereof, on the ground 
 of its nonconformity to any plan filed in his office, 
 provided tlie instrument otherwise was in accord- 
 ance with tht llogistry Law. 
 
 A llegistrar heing required to record a certificate 
 of Us pendens, affecting " k)t numher sixteen in 
 tho ninth concession of tho township of Erin, and 
 lots numher fourteen and fifteen in the tenth con- 
 cession of the same township," refused to do so, 
 on the ground that the west halves of lots fourteen 
 and fifteen had heen laid out into village lots, 
 according to a plan filed in his office. On appli- 
 cation for a mandamus, it was held that, so far as 
 regarded the west halves, he was right, for the 
 seventy-third section of the Registry Act of 1805 
 required that the certificate should show the vil- 
 lage lots affected (2). In delivering the judgment 
 of the court, Morrison J., referring to that section, 
 remarked, "It is, we think, evident that the Leg- 
 islature hy this clause * * intended to 
 remedy what was considered a defect as the law 
 
 (1| Sec. 15. 
 
 (•>) In re Thompson ,'t <//., v. Wohstor, 25 U. C. 11,, 237. 
 
< MAP. XI. 
 
 INSIIirMKNTS MI'ST CONlnRM Hi 1M..\\. 
 
 841 
 
 formorly stood, tlio wiiiit of cojifoniiity in tlio vvf:>- 
 istriitioii of instruiiu'iits ulU'ctiiij; lands, ori^^iiially 
 townsliip lots, iiiid laid out into village lots, and 
 akin;^' it coniimlHovy upon persons (daimin^^' 
 
 m 
 
 lit 
 
 aiu'i' 
 
 title to lands forniiiif^ the site (jf a villni 
 till! [ilan of the same luis Iteen duly jirepared and 
 dej)iisited in the [)i'oper ol'lice, to i'eij;ister all instru- 
 ments all'ectinj^ any of sutdi villa;T;e lots in thesaiuo 
 nnmner as if the villaj^'o lots \v<'rc from that tim 
 doacrihed in j^rants from the ('rown ; the chain of 
 titleand instruments at'fectinj^ the land i)viortotlie 
 lodi^'iuf,' of the i»lan beinj:; registered and indexed 
 against the original lot as patented in the manner 
 provided for township lots ; one of the ohjects tlie 
 Legislature had in view, in compelling sueh a 
 course of registry, heing to simplify the state of 
 the title in the licgistry Oflico ; so that any owner, 
 intending purcdiaser, or jjcsrson interested in aseer- 
 tainiug the title to any particular village lot, could, 
 
 hv a glance at the liegistrv Index iJoi 
 
 )iv, see 
 
 from 
 
 the references set against the particular village lot 
 tin' instruments affecting it on registry since the 
 
 date of the lilin 
 
 th 
 
 plan. 
 
 The instrument umstsliow on its lace what piir- 
 
 Whal is 
 
 I'liiiliiriiii- 
 
 KV 
 
 to jilai 
 
 ticular town or village Icjt and tlu ir designation on iiniiut i>.v 
 the plan which it is intended to all'ect. 
 
 in a survey the land was divided into blocks with 
 streets running throngli them, anil the hlocks were 
 suh-divided into lots which were numbered, in all 
 from 1 to 174 inclusive. Held, that a sale of any 
 such lots by their numbers only would be a sulli- 
 cient descri[)tion, and that if named incorrectly as 
 being on one of the streets, it would not vitiate a 
 private sale, as anything beyond the numbers in 
 such sub-division would be surplusage, and the 
 
 l237. 
 
ifjilil 
 
 812 
 
 Mis(i.i,i,.\\i;(»i;s I'lifiVlsioNrt. 
 
 , riiAiv VI, 
 
 A<'t.l..fs siiiiu' would ai)i)ly to a tfix Halo (1). Tlio Aot ap- 
 
 )i(it uii)'lv 1 
 
 wii.i'.' ' iHit'H to a caso whore a part of tlio land siili-dividcd 
 
 or'UlMii'.' '"'** ^*^^'^ ^"^*^ '^'"^ oaniiot, by the doscrii)tiou, lie 
 vi.l.'ii ill- t'aHily and plainly idcntilicd without rcfcronot! to 
 mhl ^''^' l*'"^i ; '"'t where tlu! whole ori'^inal lot is sold, or 
 
 an interest in it, the ohjeotion will not he teiuihle (•Ji. 
 Althouj^'h portions of township lots have; boon laid 
 off into villajJic lots this presents no ohjootinn to an 
 undivided interest i)i the townshii) lots, as orij^in- 
 ally dosorihod, hoin', sold under exoeution ; and the 
 [)ur(diaHor at Sheriff's sale is entitled to hold the 
 interest aeciuircul under such sale, notwithstandin;^ 
 the Sheriif 's deeds, so fiir as they concern the vil- 
 laj;e lots, do not coni[)ly with tlio Ho^dstry Act of 
 184(1 and this Act, and notwithstanding that the 
 present Act prohibits the registration of deeds of 
 any portion of lots so laid out, nnloss they conform 
 to the plan of the property as tiled (8). 
 Norii'plnn There is no obligation to lile a plan which only 
 npphi's to ^.^t^^^.j^ Iq reservations or oxcei)tions mentioned in an 
 tioiis ill ill- instrument, as long as the i)roperty granted is not 
 ''expressed to be in accordance therewith. j\[. was 
 owner of the oast half of a certain lot of land. In 
 1H72 he employed one S. to draw a plan of a por- 
 tion of the lot, upon which some lots were lettered 
 and others numbered. The land in question was 
 marked in the plan as " The Parsonage," hut was 
 neither numbered or lettered. The plan so marked 
 was never registered. In 1H74 M. mortgaged the 
 said half lot to 13., one of the defendants, " reserv- 
 ing thereout lots numbered from 1 to 181, botli 
 inclusive, as shown on a plan made by S. and 
 dated 187'2," and during negotiations for the loan 
 
 (1) Aston V. Iiiiiis, 20 Gr., 42. 
 
 (2) Kathbuiu v. Oulbertsou, 22 Gr. 460. 
 
 (3) lb. 
 
 .stnuuculs 
 
lAP M 
 
 8V'. 
 
 IIIAI'. XI. 
 
 WUKN PLAN- NM;KI) NOT l!K rU.KIi. 
 
 8tM 
 
 •t ;ip- 
 vidfil 
 111, lit' 
 ice to 
 old, ov 
 )loC2i. 
 Ill laid 
 I to an 
 ()vijj;iu- 
 ind tlu; 
 old tUo 
 Dtindin-^ 
 tlie vil- 
 y Act of 
 but tlu! 
 deeds of 
 conform 
 
 M. left a litlio^^raphed copy of llic idiin in JJ's pos- 
 session. 15. r(!;.,'i stored the niovt^'iij^e, Imt took no 
 steps to ro[,MHter the pliin : sul»soijuently M. altered 
 his plan hy runnin;i,' a street tliron;,di lots l(Ml and 
 11") and transferred the nnnilx'r 1<)(» to tin* parson- 
 age lot. The date of the plan renniined as in IH7'2, 
 and M. then ref^istered it in its altered state. In 
 1H7<> -M. applied to the [ilaintii'f for a loan u^jon lot 
 1()(>, or " the [)arsona<^e lot." An abstract was ob- 
 tanied by the i)laintil'f from the Itej^'istrar, from 
 which the prior mort!j;a^'e from M. to 1). was omitted, 
 the l{e<j;istrar considering; that inannnich as lots 1 
 to IHl inclnsivo, were exc(!pted from iVs mortgaj^e, 
 the ])r()perty in ([nestion was not atl'e(!ted by it. A 
 mortgage was then made by M. to the plaintilf. B. 
 h,(.ving foreclosed, and the plaintitVliaving brought 
 ejectment against J3. it was held that the defend airt's 
 title must prevail on the grounds : th'st, that no 
 obligation was cast upon Ji. nndi'r the llegistry 
 laws or otherwise to register the plan, which was 
 only referred to in describing the reservation from 
 bis mortgage ; secondly, that H.'s title was complete 
 by the registration of his mortgage upon the town- 
 ship lot; and, thirdly, thiit it from any cause the 
 exception or res(U-vation from the property men- 
 tioned in B.'s mortgage proved abortive or ineffec- 
 tual, B. was entitled to the excepted i)ortion also (1). 
 
 As to whether the omission of the mnicr to sign Ne^-icci of 
 the certificate for filing the iilan will render fiuch".^^'"'' '^'' 
 
 '^ I- sif^u mill). 
 
 tiling ineffectual, see remarks of Proudfoot, V. C. 
 in Wyoming v. ]}ell ('1). 
 
 The plan of a survey of a portion of a town ])lot o^. ,,{■ si,,.. 
 was registered in the proper Kegistry Office, but ^■'^^^■'^'■• 
 without being regularly authenticated in the man- 
 
 (1) Muttlohnry v. King ct al., 44 U. C. R., 355. 
 
 (•J) 24 dr., iit pp. 5GS-9 ; Dillon on Coi'iionitions, s. 498. 
 
844 
 
 MISCKLLANKUUrt I'KOVISIONH. 
 
 rcilAP. XT. 
 
 L i»2. 
 
 Plans, lS:c 
 
 to 1)1' Idtif 
 
 ed with 
 
 pniity 
 4a Vi, 
 c. 21. 
 
 iier required by sul)-section 2 of this section, in 
 that it Wiis not duly cirtitied by a surveyor. It 
 was held that, notwithstanding this irregularity, 
 the municipality had the right to assess these lols 
 and levy the taxes assessed by sale in the usual 
 way (II. As to whether a [)lan can be C()nsi(b,'re(l 
 pn instrument see Lindsey v. Corporation oi 
 Toronto (2). 
 
 To faeilitate assessment for municipal purposes, 
 every person who is rcipiired by this Act to lodge 
 
 onni'"''; '*" ^^^'^^^ '^^' '"''^* of iiny surveyor sul;- division of laud 
 made by hiui must also under the Statute 4:5 Vic, 
 cap. '2-1 {'6] within tbree nu)nthsof the date of such 
 survey, lodge a duplicate copy of such plan or map 
 with the treasurer of the municipality in w'dcli 
 the land is situated, and in case of neglect or 
 refusal to do so within two months after notice in 
 writiug, given to him by sueh Treasurer, rf^tiuiring 
 him to lodge such plan or map with him, he will 
 incur a penalty of twenty dollars for each nu^utli 
 during which such default shall be made. As no 
 mode for the recovery of this penalty is prescribed 
 by the statute just v,ited, the Interpretation Act 
 will govern (41. 
 
 Copies of every plan or uuip filed in the Registry 
 Office under this and following sectiiuis ot this 
 Act imiy be obtained from the iiegistrar, and lieing 
 certified as correct by the Registrar, shall be taken 
 v\ all Courts as evid-nice of the original thereof, 
 and of the survey of which it purports to be a plan 
 or niai) (")). 
 
 The Registrar must make a record of every plan 
 
 (1) Astdii V. Imiis. •JO Gr. , -12. 
 
 (2) 2;") U. 'l. v., a.i.'i. 
 (H) See. 26. 
 
 (4) ituv. Stat. (Out I. Cap. 1, s. 8, ss. 29. 
 
 (5) Hev. Stat. (Ont.j, Cap. IK!, s^. 7:5. 
 
 4' 
 
SKi 
 
 l>r,AN> OF I'OUMKK SlK liIVIStONS. 
 
 nn 
 
 Of m:i[) niiulo iUhl deposited with hiui, luid al'ter 
 tlu.' diiy and year of such deposit (l). 
 
 8;i. h 
 
 .f Inn 
 
 miller sni'vcys nr siilnlniMoiis iiiailr Wlioi 
 
 licfciro tlic Idnrlli ilnv .)!' Miirch, ci/^'litrcii IiuikI 
 
 na 
 
 am 
 
 ih*. 
 
 i\tv- J, lull imist 
 
 WlU'lr M 
 
 ici Ji'vcvs or siiliilivisioiis so ilirt'iT I'rciii the mail- In' rcf^is 
 
 mi' III w 
 that tile i),iii'( 
 
 liicli such hiinl was .siirvt'yt'd or (^'I'aiitiil hy tlii' L'rowu, teicil in nf 
 
 >;ni-vt 
 
 (or i> 
 
 1 so sold I'Runot li<' easily idi'ntilitnl, tlie ifiiiu ur lanils suli 
 y sliall lie rc^'istf-rcd within siv months nhvv the passing,' of diviiU'd 
 Act, if the jiliin or survey i>! ^^till in existence and procunilile hcfon thi? 
 stration, and lilinj,' under the next ])rece(linf,' stctiun, and Aet. 
 
 if it is not, a new sui vey or )ilan sliail I'e made '>/ and at the 
 
 joiiii rNiuniSr! of tile iiersoie. wlio ii.ivo niaile sucli si I'.eys or su 
 
 ill. How t( 
 
 divi.-ions, and of ail others intcnv-l 
 
 tl 
 
 ii'i'i'in. 
 
 1)V soilK! cih' made 
 
 itliorized Provincial Land Surveyor, as nearlv as mav he accoi- 
 
 llli;: 
 
 to tlie iiro))er ori^;inal siirv 
 
 e\ or 
 
 ihd 
 
 ivision, anil 
 
 tl 
 
 le 
 
 a me 
 
 will 11 so made shall la; tiled as if under the next i)ri'eediny sec- 
 
 tmn 
 
 if this Aft, ;il V, 
 
 2(1. 
 
 Tiic provisions of this section lirst ap[)eared in 
 the seventy loiirtli section of taii lic^^nsti'v Act of 
 lH(j-'), wiiicli was re-enacte'i in tiie seventy-sixtli 
 sec'ioii of tho ile^i^try Act of iSOH ill. 
 
 is section i.- retrospective in its operation, ;ind 
 
 I'h 
 
 ap[;Lars to be a.pphcablo only in the cases of sales 
 oi' lav'd nil lev surveys or siil)divisions made prior 
 to March Ith. LSilS, 
 
 wiuTi,' tiie 
 
 land 
 
 beei 
 
 1 siu-' 
 
 voyed or .-iilidividrd into lots or parcels other tlian 
 town or viliauje lots, wtiicdi arc ,e;ovtriii'd hy the 
 
 In ciisu no sales iiave been 
 > '\' or subdivision the sect'on 
 
 a'l eedinsj; section. 
 
 UKUt'. 
 
 1. 
 
 utler sue' 
 
 will, of coarse, not cone int(j effect. If the ])lan 
 or survey is iK. ' in existence tind procurtiblc 
 
 lor iiinii 
 
 inulei 
 
 fi 
 
 le preceding section, it is pro- 
 vided that a new survey or phin sliall l»e niiuhj <nid 
 Hied, but no delinite period is laid down within 
 winch this slKuild be done. It is submitttMl tluit 
 liny person interested in such new sm'vey or plan 
 Ijcuig made ;ind tiled, may notify the persons who 
 have made the former map or sidjilivision, tind 
 ethers interested therein, to proceed, with sucli 
 
 li Ih 
 
 III 
 
 •l:} 
 
MISCKT.I.ANKOtTS I'RoVlSIONS. 
 
 ["CHAP, XI, 
 
 i SH4, 
 
 now survey or phin, nnd that, in case of refusal 
 or neglect on their part to do s(-» within a reason- 
 iible time after the date of such notice, he will ho 
 entitled to cause to he made a new survey or plan 
 by some Provincial Land Surveyor at the joint ex- 
 pense of such persons as the section provides. 
 Tliis liability to ctmtribute to tht; joint exi)ensf 
 can, of course, be enforced by action. 
 
 I'll,, J ,),,(; Si. Ill 11(1 I'usc shall any |tlan or Mii'vcy. altli(iiij,'li filed iriil 
 lihiiliii", rc^rislci'cil, In' i)iiiiliiiK mi tlif iicrsoii so ftliii^,' <n- iCKisti'iiiii.; the 
 until some i^i'""'' '"■ upon any otluT inTson, unless a sale has liecu niailc, 
 sale is ' - ■^-- - 1 ■'- ' :- -" ' 
 
 lliailr 
 
 under it , 
 
 Alt .ra- 
 tiuns in 
 (ilan. 
 
 Altera- 
 tions 
 under ( 
 
 coidiuK to such I'liin or survey, and in all ea>es amendments oi 
 alterations of any such i)lau or survey nniy Ik; ordered to lie 
 nnide, at the instance of the jiersou tiling or reyisteriiii,' the 
 same or his assi,t,'ns, hy the C'ourt of Queen's Bonch or Connimii 
 Pleas, oi' hy tli'j Court of ('haneery, or liy any .Judge of any of the 
 said t'ourts, or hy the .Judge of the (Jounty Coui't of the Conuiv 
 in whicdi the lands lip, if on a)i|ilieation foi' the pu)-]iose dulv 
 made, and upon hearing all pari ies eoneei'innl, it be thought lit 
 and just so to order, and tijion sm-h terms and eonditions a> tn 
 costs and otherwis" as may deemed expedient HI \'., c. 2(1. s. 
 77 : :5'.t v., c. •2r,. s, (. 
 
 It was provided by Con. Stat., cap. !)8, sec. :>7, 
 that owners of land laid out in town or villaj^e lots 
 S. U. C, niif!;ht alter their lirst siu'vey and plan, jjrovided 
 no l,)ts had been sold fronting on or adjoining any 
 street or ctnnmon where the alteration was nuulo. 
 This was repealed by the statute '24 \'ic., caj). 4!i. 
 sec. 1, which permitted the total or partial cancel- 
 lation of tiny survey of any tow)\ or village, or of 
 any original subdivision of tiny town or village. 
 and of any map or plan thereof, provided that no 
 part of any street or streets should be altered or 
 closed up, upon which any lot of land sold in sucl! 
 town or village or original division thereof abutted, 
 or which connected an}- such lot with, or afibrdeil 
 means of access therefrom to the nearest public 
 highway. This enactment is still retained in the 
 " Act respecting the Survey of Lands "' (1). 
 Il) Rev. Stat., lOut.) c. lltj, s. 7-2. 
 
 21 Vic, 
 c. 41). 
 
IIAP. XI.l 
 
 m. J 
 
 ALUfflRATIUXS IX I'LAN. 
 
 ■6A-i 
 
 t ;_'in;L V. 
 
 C. owned township Jot ;}'2, and II. lot 81, adjoin- '''■'" '"'i.v 
 in^f it on the east. In iH5(') II. hiid out part of lot if h.tssoid 
 :)1 into village lots, and filed a plan thereof in the'';'""' 
 proper HefJiistry Oftiee, shewing streets running cicsril ui. 
 I'ust and west through the lot, designated i"esp<;e- |'j'ij||.|^j'"jj 
 tiv(dy llrst, second, third, fourtn, a;id lifth streets. 'l^'^'of- 
 This survey was called Hodg(*s' Block. In 1858 
 ('. laid out the east part of lot ;{2 int(^ village lots, 
 by a plan also registered, in tin' latter survey, ai 
 street, called Augusta Street. r:>n north and south, 
 along the ea.st side of lot 'Vl. and from it streets 
 ran westerly. nunil)ri\'d 1. 2, 8, I, and .". corres- 
 ponding to and heing a continuation of llrst. sec- 
 ond, third, fourth, and litth streets, or Hodges" 
 Block, Augusta street only intervening. This lat- 
 ter survey was called '' Cassdnian's I-)lock."" None" 
 of the lots ahutting on "Fourth StriH't" in 
 Hodges' Dlock liad l)L'L'n dis[)Osed of, and the .-.hut- 
 ting nj) of "Fourth Street " did not dehar any 
 ])erson who had hought any lot in Casselnian's 
 lUf)ck from access to the nearest puhlic highway. 
 Some village lots ahutting on " Street 1, ' in Cas- 
 selman's Block, luul been so!d to various persons, 
 including the private ])r.)secutor in the case. On 
 Vpril 18tli. 18(55, the defendant, who was at that 
 time the owner in fi'c in pi)ssession of the plot 
 known as Hodges" i^lock, in pursuanee of the Act, 
 'li Vic, cap. 4!>, caused a new survey and plan 
 of Hodges' Block to he made, ar,d, in accordance, 
 with the Con. Stat. V. C, ca)). U3. and on the same 
 day, deposited and tiled the plan in the llegistry 
 Ottice, partially cancelling and making void the 
 fu'st survey and plan. Among other alterations 
 elTected in the new and registered plan, the defen- 
 dant canc(dled " Fourth Street,'" and afterwards 
 
 Miced it in. 
 
 Haviug l)een indicted for nuisance' 
 
Mi 
 
 848 
 
 MISCKIJ-ANKOrS PHOVISIOXS. 
 
 rCHAl'. Xi 
 L SM 
 
 ill stnppiiirr III) " Foiivth Street,"' and IV)Uii(l guilty, 
 the (lefemlant appciled. Tlu' verdict of tlu> jur\ 
 was set aside, the Court liolding that under the 
 statute. '21 Vic. eap. ID. the defen(hint ini,i;ht, hy 
 a new survey and i)hiu, close up " Foui'th Strc t." 
 on his land : for the laying out of a street in con- 
 tinuation ol" it hy C, did not make it all one sti'eit. 
 so as to render the proviso in that statute appli- 
 cahle. In ddivei'ing the judgment of the Coui't. 
 Morrison, .1., said : It is clear that, under the jiro- 
 visions of the 21 N'ic. ca]). l'.>. tlie defendant was 
 entitled to make a new survey and plan of llodge\s 
 ]>lock, and to ])artially cancel the survey and plan 
 previously made, suhject to the proviso in that Act 
 contained — that no part of any street should he 
 alt(n'ed or closed up, upon which any l.>t of land 
 sold on such original division ahutted, or whicli 
 conn('cted any such sold lot with, or aftorded means 
 of access therefrom to. the nearest puhlic highway. 
 The defendant, under the authority of that Act. 
 made a new survey and plan, and he cancelled a 
 portion of the first survey, including in sucli can- 
 celled portion, "Fourth Street" in question. :i 
 street on which, as appears hy the case, no lot 
 abutting had heen sold, and, consecjucntly. not a 
 Oi.jcct of street within the ])roviso * * * The 24 \ie., c. 
 
 Vic* c 4!i. 4^< ■^^''^^ f*^'i*^*^'"^''y Piii^i^ef^ ^'-^ enable projirietors of 
 such originiil divisions to cancel ov partially can- 
 cel, and vary surveys and plans made under IIk 
 provisions of Chapter WA, Con. Stat. V. C.--many 
 of such surveys from various causes that niiglit 
 be suggested, liecoming unsuitable for the purposes 
 originally designed, the Legislature only imposing 
 the restriction contained in the proviso to proteci 
 the rights of purchasers of lots abutting on st; ect> 
 in such original division. The defendant, in our 
 
niiAP. XI 
 
 L ?M 
 
 < HAP. XI. 
 
 SMI. 
 
 I)K|)IC.\Tr()N OI- STKEKTS, KTC 
 
 l;V l'l..\N. 
 
 ;^-io 
 
 foniid !.^iiilty, 
 iet of tlie jury 
 
 lat UllllcV tllr 
 
 lilt mi.'.^ht, Ity 
 oui-tli Stro't," 
 street in eon- 
 t iilloiK! street, 
 statute appU- 
 t of the Court, 
 under tliepro- 
 (IcfendiHit wuh 
 plan of Hodge'r- 
 nrvey and plan 
 viso in that Act 
 treet should he 
 my lot of lanil 
 uttcd, or ^vhi(•h 
 • afforded means 
 pnhlic hi^^lnvay. 
 ity of that .\ct. 
 lie cancelled a 
 inp; in such can- 
 in (piestion. a 
 le case, no lot 
 se(iucntly, not a 
 The -21 Vic, c. 
 (' proprietors of 
 n- partially cau- 
 madt> under the 
 it. U. C.--niany 
 uses that might 
 for the purposes 
 re only imposin;: 
 )rovisoto protecl 
 lutting on st;(•el^ 
 efendant. in our 
 
 jiulguicnt upon the case stated, was entitled to an 
 ac(piittal. and the learned chairman should have 
 so directed the jury"' (1). 
 
 Th(; i)resent section was lii'st incorporatt'd with i;,.-istn 
 the liegistry Law hy the Registry Act of iHiu) (2), ^;^l^'^ 
 and re-enacted in the llegistry Act of 18()!S (8). iscs. 
 i'he privilege of ai)plying to the Courts for liherty 
 to amend or alter the plan or survey, was sul)se- 
 (|Uently extended to the assigns oi the person tiling 
 or registering same i4). 
 
 From the language of the section it would appear Appi 
 that application will still have to he maile to the 
 Court for power to (iinrinl or alter the plan or sur- wlu'n nt-u- 
 vey as originally iiled or registered, notwithstand 
 
 ic:l- 
 tioii to til 
 Court 
 
 ossarv. 
 
 mg 
 
 that 
 
 no sale mav liave 
 
 i)e( 
 
 n made accord infj 
 
 thereto, as the words " in all cases " would include 
 such a case. As sucii at)iilication is ct)nhned to 
 those cases wdiere ''amendments or alterations " 
 are desired, it seems that an eiitiri'ly new plan or 
 survey might he tiled or registered hy tlie person 
 tiling the lirst plan or survey, or his assigns, in 
 suhstitution of such first plan or survey, without 
 applying to the Court, provided no sah' has heen 
 made according to the hrst plan <)r survey. In 
 such case the new [)lan or survey mus 
 
 t h. 
 
 so (tlS 
 
 tinct in its character from the hrst [dan or survey, 
 as not to he considered as practically 
 
 ;in anieiul- 
 
 ICll- 
 
 tiiiu ol 
 lllllt-. 
 
 menr, or alteration tliereof. 
 
 Where a person has sold lots according to a plan n.-a 
 duly deposited in the Hegisiry Ottice, oi' whicli 
 plan a lane is laid out in the rear, he is houud hy 
 this dedication, and cannot afterwards shut up 
 
 (1) Kef,'. V. Rubiilge, 25 U. C. R., 'ilt'.t. 
 
 (2) Sec. 7o. 
 (H) Sec. 77. 
 (4) 39 V,,c. 2.5, s. 4. 
 
Hr,() 
 
 AnsCMJ.ANKOTTS IMiOVfSIONS. 
 
 TCHAP. XI 
 
 
 §H3. 
 
 such hiiic. T\\(.i fact tluit ho has pri'vioiisly coii- 
 v< vtHl portions of the land comprised in the lane 
 will only ai'ffct so much as lie has thereby pre- 
 cluded himself from ,L,nvin^f up to the puhlic, ami 
 will n.ot entitle' him to close; up the whole (1). 
 Of streets, AVh'-n a niiip or plan is exhihited as a particulai 
 &J" ' *'' of sale, presfutinij; on its face roads, streets, S((iiiLres 
 and otiier advantages and attractions, and pur- 
 chases arc made in accordance with, and on the 
 faith of. such map or plan, the person so layiji<^' out 
 the land and exhibitin.ij; tin; ma[) or plan will not 
 lie j)crmittt'd to sul)se(iuently divert the land appro- 
 ju'iated to such uses ti) other purposes, although 
 he may not he hounil to construct all the roads, 
 streets and sipiares which are shewn u[)on the 
 map ("i). 'I'he laying out upon a, map of an intend- 
 ed town, of S(j!i;ires or other open [)laces for [)uhlic 
 
 anuisement, or otner i)Ui)nc purposes, is as ertec 
 tual a de(lication of tlieui for siieh purpos 
 
 es. 
 
 m 
 le 
 
 tlu' case of streets (15). It appears, however, tl 
 fact of a sale liavini:; heen elfected according to a 
 plan of the pr(»perty. u[>(Mi which were then certain 
 roads leading to the several lots, doe's not bind the 
 vendor to nnike such reads. Jiut the Court will in 
 such a case restrain the diversion to any other 
 purpose of tlie land appropriated for such roads (4 
 
 ). 
 
 Pliins of sT). \\'lii'ie luiy ii]ciir|"iiittfil 't'own (ir Villii;^'i', nr \'illii^'« not 
 
 towiis or iiu'i>i|i(iriitc(l, ci)iiijin«i's dilTcifiit i(;ii('i'ls of liiiid owned at tiio 
 
 villa^'cs to ori^^iiiiil division llien'of hv ilit'f''rfnl persons, and the SHUie were 
 
 lie retris- not jointly snrvi vi'd and >ne entiic plan of sneli survey made Mid 
 
 tered in tiled in !ie<'oriliinee with the ei^'lity-Meeond sei-tiomd' this Act, tie' 
 
 certain Miiuit'ipality of the I'ownshi)) within whitdi sueh Village \* situ 
 
 cases. ated, or the Mniiicipality of sneii incorporated Town <ir \'illage 
 
 il) ReK V. liouiton, 1") r. C. K., '272; see O'lJrieii ct ul . v 
 The Village of Trenton, (i V. C. P., 350; 7 U. C. I'.. '>At\ 
 
 (2| Hossin V. Wallar, (ir , (illt. 
 
 |3) Guoljili V. Tlie Canada ('oni))any, I (ir., <;:)2 ; Sauge(>n \ 
 The C'hnich Society, (i (}r., ."i.'is ; Attonuy-dfiieral v. I3rantfi>rd. 
 () tir. . 592 ; Attjrney-Grncral v. (iixlerich, ."> Gr., 4(12. 
 
 (-1) Saiigeen v. The Chnroh Society, siipni. 
 
iHH. 
 
 IT.ANS Ol' TOWNS AND \Il,I,A(i KS. 
 
 861 
 
 shai 
 
 iliMii the wiittfii rci|iicst nf tlir Insiicctur or df jiiiy |h r.-ciii 
 
 iiitere^tt'il, luldivs.st.Ml to tlic ("li rk (if tip' .Miiiii<'ip«lit,v. iiniin' li- 
 
 iitely ciiiisc It iihiu of siiuli Town or N'illKf^c to In' iiiiuli', upon tlii' 
 
 -call/ provid'il for iiiidfr tliis Ad, ninl to lie rtj,'istcri'(l in tlic Mow to l> 
 
 Ki'^ristnir's Olficf of the (bounty within which such \'iihiKo lies, ( 
 
 w liich mil]) or jihui shiill hiivo cnilorscil thcrcoii the (.'crtiticiitcs 
 
 of tile Clerk and Head of tile Municipality and the Surveyor, that 
 
 ilie same is prepared iiccordin^,' to the directions of such iiuiniei- 
 
 I' 
 
 ilitied. 
 
 iiity, and in accordiince witli thi-- Act : and to the siii<l map or 
 |ilan, the ciirjiorate seal of the Municipality shall he attiiclied. 
 
 L'. Till! exijense attendiiij^ the Kt'ttin^,' uji and dep<KitiiiK of Ivxpcnsc 
 >iR'ii map or jilau shall hi' [laid out of the .yeiieral fuiuls of the hew paid, 
 inunicipality, excejit in the case of unincorporated villages, where 
 the same shall he pai<l hy a special rate, to he levied hy assess- 
 ment on all rateaiile |)ro|)erty, comprised in the village and 
 ilrscriheil liy metes and hounds in a hy-law to he passed liy the 
 municiiiality for the pur))osr of h^vyiii^' such rate ; and in case of 
 the refusal of such munisipality to com|)ly with all the re((nire- 
 luiiits of this section within six months next aftei' heiiiK le- 
 iptired in manner afon^said so to do, such municipality shall incur 
 '111' same i>eiialty, and the same shall he lecoNcrahli' in the same 
 luaiiiier as lU'ovideil ill the ei^'hty-second section of this Act, '■>] 
 v., c. -20, s, 7H. 
 
 As I'cinarkod in t))e iiote.s to .sectiuu ei^^lity-two, I'onnerly 
 ante, it Wits not until the consolidation of the ^tat- J|J|Jj„','.'^'.'\„ 
 iites in IS;;',), that it was niadi^ coiii[)iilsoi-y to 'i''' .I'l'i"'' 
 rcLiister })bins tind maps of surveys. J5y that tiinu'^,., 
 th(,'V( wvw niaiiy miiiK'oi'poi'aic'l vilhij^^cs, of uhiidi 
 no i>hin or ina[> liad hctu dtpositt'd in tin.' proper 
 llfgistry OfliL-cs, in conscquenco of the several 
 uri'r^'inal owners of the hinds conipri.-in^' such vil- 
 la.i^es, not having jointly laid out and surveyed 
 tlie same, or beciiusu some of the original owners 
 had left no legal represcnttitives. In (U'der. 
 
 til 
 
 'refove, t ) pn 
 
 vide for this state of thiuLrs, as 
 
 We 
 
 IS to anieiul the hiw relatim 
 
 t<J th 
 
 le[iosi 
 
 t of 
 
 ans ol siu 
 
 h villaiies, the >laUite 22 \ 
 
 ea 
 
 h, -12 -'•■i V 
 
 (ii, enacted that wher* an nnincor[)orat(.'d villa; 
 (•oni[)rising different ptircels of land owned, at the 
 original division thereof, liy two or nuu'e persons, 
 not iointlv surveyed and laid nut into a villaufe 
 
 cap. I'J. 
 
 ■AilS 
 
 •h vil- 
 
 [lint, and when no entir. plan or ina[) ot sue 
 
 lagi. litid been registt-red. the Muniripal Council of 
 
 ill St 
 
 C. S. V. c. 
 
 ><!», s. 
 
h.., 
 
 *l 
 
 8i ■ T? 
 
 352 
 
 MISC|,l.l,\NKiirs l'Un\ l>liiN; 
 
 'Cll U' XI, 
 
 tile townsliip in wliicli such villaf-'o wiis situated, 
 wfro required ininuMiiiitcly on the passin,^ of tliat 
 Act (1) to cause a phin or map of such viUa^c tu 
 he made and re^^'istered ; the eX[)ense coniiocted 
 tlierewith tf) be home out of the general funds of 
 the municipalitv, or hy a local tax niion the r.iti- 
 jiayers of sn(di vilhij^'e. 'J'ho Act was retrospective 
 in its operation, but was rendered prospective wlien 
 
 consoiK 
 
 lated, 
 
 It will he noticed that the statute 22 Vic, cap. 
 -12. a]»plied onl3' t" unincorporated villages. Its 
 provisions were suhse(]nently extended to incorpoi- 
 ated towns and villages by the llegistry Act of 
 18()5 (2), which also required the municii)ality, 
 U])on the written riMjuestof the Inspector of llegis- 
 
 of anv i)erson interested there 
 
 m, 
 
 try Oftices, 
 
 to immediately cause a plan of such town, village 
 or unincor[)()rat' d village to be made and registered, 
 and to be indorsed with the certilicate of the Clerk 
 and head of the municiiiality and Surveyor, that 
 the sauie was [)repared according to tlie direction 
 of the munici})ality and in accordance with that 
 statute, and to have the corporate seal of the 
 niunicipaUty attached thereto. Tiio expense of 
 malcingand dep isiting the map or i)lan was directed 
 to he defrayed out of the general funds of the muni- 
 (,'ipality. Neglect to comi)ly with the requirements 
 of the Act within six months after being requested 
 n writing so to do, rendered the niunici[)ality 
 liable to incur the same penalty as that referred tu 
 in the seventy-third section of that Act (;5). 
 
 The R'jgistry Act of 18158 (4) re-enacted this pro- 
 vision ; merely amending it, as it now reads, in 
 
 (1) Mav Itli, 1850. 
 
 (2) S.T. 7(). 
 
 i'A) Corresponding' to spc. 82, niitir 
 (4) See. 78. 
 
CHAI'.XI.' |ll.;(;iSTI!\'l'l(i\ WIIKRK UKdlSTliV HOOKS LOST. KTC. 853 
 
 |iWt). J 
 
 i'oy:ar(I to tin; (luestion of iiicctiiiij; the o\[)ciiS(' of 
 1,'ottinf,' u[) iind (l(>i)ositnij,' tlic iiiap in the ciisc of 
 iUi iiuiiicorporiitc'd villii^c. liy r(.'(|iiii'iii,L!,' that the 
 ijxpeiise.s should ho, paid hy a special rate, to ho 
 levied hy assessment on all ratetihle property com- 
 prised in such village, as descrihed hy metes and 
 l)'junds, in a hy-law to ht- passed hy the munici- 
 pality in which such village should he situated, for 
 the purpose ef levying such rate. 
 
 Forms of request to the (.'lerk and of the cer- 
 tilieates of the Ch'rk, head of municii)ality, and 
 surveyor, will he found in A{)[)endi\ A. 
 
 />: UKGISTRATION WHEIIK 11K(1!ST1;V BOOKS LOST, .Vc. 
 
 SC). Ill any CIISC wlici'o the llc;^'i.itry liuoUs luiil iia]icrs '"i-vc jij.,,^.j^j^j,jj^ 
 'iccii, li('t'(irc the t'uurth day df Maich, ci^^'htccii huinh'cil aiiil ,• ixty-V|j. ..(.ifis- 
 ci^'ht, hist 1)1' lU'Strovcil, and the nicnioiials arc imt furtlironiin',', jmfjd'i'j i,j 
 
 ipon piimt' hciiiK made to that effect hcfore a .liidKc uf any Court of j.^so i'c"is- 
 iiceord in this I'riiviiice, to the satisfaction of siicli .IiidLre as evi- ^,.,. i„,oks 
 
 Iciiced hy a certificate under his liand, it sliall he hiwful for the j,,.' p,^,„;j.fj 
 l!cL;istrur for the County where the lauds are situate to register ,,,.,, jn^t or 
 the instrument ujioi I ])ioductioii tiicieof, and no furtliei' proof sliall Jcstroved. 
 .le required hy tile l!ej,'istrar than theori^'inal cartilicate of regis- 
 tration endorsed on siudi iiistruiaent ; ami any such instnuiient 
 shall have priority iiccordiiiK to the dsite of the original curtiticiite. 
 
 '2. Till! instrumont shall Ik; fil(>d away hy the l{(>Kistvar and 
 |ireserved with the recoiils of his office, and in case niemorials 
 liave not liecn cojiied into the Uegislry liixiks in their |>roi)er 
 ■ ■rder, the Ins|)ector may cause the same to he entered in |iroi)er 
 "iiooks, to he proctu'i'd for the ]iuriHise, in the same nianmu' us 
 provided in section tweiity-tive of this Act, ami the Itefiistrar 
 -iiall he (laiil therefor in the suine manner as under suh-section 
 -even of the ninety-second section of this Act, .'il \' , c. "20, s. 71*. 
 
 Prior to the Registry Act of 18(15, no similar intn.- 
 
 provisioii existed. Bv that Act (1) re -registration'/'"''.';,.;^' 
 '■ - \ . o lie^'istry 
 
 was authorized to ho made of any registered in- Actj)f 
 strument, the memorial of which was not to he 
 '•htained, owing to the loss or destruction of the 
 registry books and papers prior to the Act coming 
 into force, upon proof thereof being made to the 
 satisfaction of the Judge of any Court of Record in 
 
 (1) Sec. 77 
 
854 
 
 MiMKI.I.ANKors TKO VISIONS. 
 
 I CHAI'. XI 
 
 I >Ht'i, 
 
 of INCS 
 
 this Province! us cvitk'iu'.i'd hy liis cirtitii;at() to that 
 cl'ffct. This sahitary iiiiictiiuiit was rciuiwod iu 
 RoK. Act thu liOf^JHtry Act of IHCtS (1), which oxteiKlod its 
 rotr()Si)cctiv(' ofxratioii to (he I'oiirtli day of March, 
 iHCiH, the (hitt' whdi th.' act was asHclitid to ; and 
 also provich'd ior the copyiii^^fof the lucnioriais into 
 [iroptT vt'f^iHtry hooks, Ac 
 R(ti(iHp(i'- It will he noticud that tho hmudicont operation 
 tivc (.11(111 y J- t[j,s section is expressly restricted to c-asis of 
 loss and di'strnction of registry huoks and ptipers 
 occnrini^ prior to tlielth Marcli, 18G.S, and t:iat no 
 
 l)rovision is ni 
 
 iide to meet those cases that niav 
 
 arise siil)se<nieiit to that (hito. \\'hat the consid- 
 (.'rations were that in(hiced the Le;^Mslatiiro to con- 
 line the l)eii<'lits conferred hy this section to thi 
 period antecedent to the passai^e of tln' Itef^istrN 
 Act of ISCxS, doi'S not very clearly ai)[iear. Tlii> 
 section shonld he so amended as to [irovide for the 
 future loss or destruction of the re;^istry hooks and 
 papers, as well as for the past, in order to guard 
 against the ineon\enientH' and aunovance, as well 
 
 as 
 
 the prohahl 
 
 e loss 
 
 Liid ;ianiiiL!C, which nnist other- 
 
 wiS(! necessarilv ( nsue 
 
 Oiiiis^idii 
 in st'ctiim. 
 
 The absence of tho words "or a duplicate origi- 
 nal '" after the the word " memorials" in the third 
 line of the lirst suh-section, and second line of the 
 second sub-section respectively, is evidently attrib- 
 utable to an oversight on the part of the framer of 
 the Registry Act of LSCiS, wlien re-enacting the 
 corresponding section of tiie Registry Act of 18<!r». 
 The latter statute having introduced the system of 
 registration at full length in substitution for the 
 former method through memorials Ci), the possi- 
 bility of loss or destruction of registry books and 
 
 (I) Sec. 7'.). 
 
 (•2) See page 1 ili unte. 
 
 < IIM'. XI.l 
 
 ?«7, J 
 
 pa])ors, 
 at full 1 
 have be 
 The .) 
 he unde 
 Court w 
 < ndorsec 
 'luiring 1 
 till' instr 
 duced to 
 rant, as 
 ter. Til 
 of the e.> 
 instrume 
 istration ( 
 the instn 
 i»f such 
 the origi 
 tween tw( 
 IJlents, wl 
 ^should h 
 they will 
 tration m 
 
 In its 
 tively of 
 ■'iidge"s ct 
 
 ('•J 
 87. \() n. 
 
 '>Ol'"l'l. tlio f( 
 
 '■i^'lit, sJmll 1 
 
 ^Wlllt'.SS uv wit 
 
 -'i\''ii or (IcM. 
 fitlii r ill |j„,( 
 niisini of any 
 I'iiaractcr tin 
 'll'i'i'tod in sc 
 
.li;iJ(iK S CKIiTUlCATK til l.os^ 
 
 865 
 
 piilicrs, Hul)S(.'([iic'nt to the udoption (^f iT}:;istr!iti()n 
 lit full l(jiij,'tli. ami the (Icposil of ddpliciitcs. should 
 liiivt' been imticipatcd. 
 
 Till' .lud^'u's (!C'i-titii'utt', wliich is not rciiuircd t(j ,||„|^,,, „ 
 !)(' uudur his privuti! scul, or under the scul of the '•;"'','',''}*'- 
 Court with which lie is coimcctcd. should he (.'ithcr 
 (iidorsod U[ioii, or iiltiirhcd to, the instriiiiKiit ru' 
 qiiirin;^ ro-rc^^nstration. Tlir ccrtifK.'att'. as well a^ 
 
 llOllIll lit! 
 
 I'lidorsuil 
 oi' iittiu'h- 
 
 tlii' iiistriiinfiit to he rc-re<;i.ster((l. unist 
 
 |iro- 
 
 (hiced to the Kcf^'istrar, as the I'oniicr is his war- 
 rant, as it Wfrc, for the rt'-rcLjistration of the hit- 
 ter. The Itej^istnir cajinot call for further [troof 
 of the execution anil former I'ej^istralion of tin 
 instrument than the certilicafe of such former re^'- 
 istration endorsed thereon ( 1 i. When re-re<:;istered, 
 the instrument does not, tak'' i)riority from the date 
 of such re-re^'istration, hut fi'om the date of 
 the oriffinal certilicate of re^^ish'iiticm. As be- 
 
 tween two or ?nore of such re-ri 
 
 .ter 
 
 e( 
 
 msfrii- 
 
 meiits, whose orij^^unal cerrilii-ates of rejjjistration 
 should happen to be dated U[)on tlie stune day, 
 tliey will rank according to their res[)ective r 
 tration numbers ('1). 
 
 e<'l^ 
 
 In it^ 
 
 mt 
 
 tl 
 
 s t)resent shape, tli.s section is emupara- 
 
 tively of little i)racti(;al value. A form of ti 
 •ludge's certilicate is contained in Aiiix-ndix A. 
 
 le 
 
 min ijf 
 itlticutf 
 
 (f) DEFECTS [\ liKCIsrilATKtN CTHKn. 
 87. No i'i'},'istr!iU<iii ui ,-iiiv ilcc.l nr other iiisinmu'iit imidt 
 
 llUf'TC tllO foUltll (111 
 
 if Miiivli 
 
 itten liuinlii'd mill ni.\tv- 
 
 fi^'lit. kIihU lie dcciiicd or iidjud^^cd vuid hy X'usdii the li 
 iiHiiics, ivsideiicc or n'sidciiofs, nd.lilioii or Mdditioiis of tli 
 'Aitui'Hs or witnesses to siicli docil oi' iiiNtni 
 
 Krj-'istia- 
 
 tioll llDldl 
 
 iM.fc 
 Ml 
 
 -all 
 
 mciit ii('iiii4 iiiiiir<i|icily i,s(]s not 
 
 .'iviii or dcscrilicd in tlic rcLrisfcrcil nicinorial tin icof, irr hrini. 
 
 fillicr in pnvt or iiltoticilitr oiDittcd fiuni such nicnioriiil, or hy 
 reason of any clerical terror or omission <jf a fontial or tecliniciil 
 iliaracttr therein; and all legistriitions hefore the sai<l day ^^^,, 
 tlliott'd in separate iiegistry Books of iinincor|)orated \'illaf,'e», «,, j. 
 
 to he 
 deemed 
 for 
 
 void 
 
 certain do 
 
 (1) See notes to sees. 'iCi and iV.) 
 ('2) See pages lo'2-8 ■uitv. 
 
 aiiti' 
 
V>*^'v 
 
 
 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 
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 Hiotographic 
 
 Sciences 
 Corporation 
 
 33 WEST MAIN STREET 
 
 WEBSTER, NY. 14580 
 
 (716) 872-4503 
 
 s 
 
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 850 
 
 MISIKLI.ANKUI > I'liD VISIONS. 
 
 I I HAP. XI. 
 
 Act of 
 lH4f; iiii 
 
 (imrn- 
 
 llH'Uts. 
 
 arc: luMV'liy (•oiitiniUKl, wlicrc t.lii' law liiiff Ihm>ii ntlifrwi-;!' ciiin. 
 |)lic(l witli ; aiiil sui-li si'imruto Ui't^islrv I'xmk^ sliiiU lie tiik«ii iuiil 
 liclil to fdirii |mrt of tlif l!i't,'istn' liooks of the Miiiiicipiility of 
 \vliii.'li sucli iiiiiii('()r(ioiiit((l Villii^.'!' forms a part ; Ijiit such hook.s 
 hhiiU not he further use-d. :il V., c. 20, s. HO. 
 
 Tlie liegiHtry Act of IHU\ enacted that, after any 
 lueDiorial had been registered, every deed or coii- 
 jierativein veyaiice iJiado of any lands eoniprised or contahied 
 in the prior registry should ht; adjudged fraudu- 
 lent and void against any sul)s.'(|U-'nt i)urchas('r 
 or mortgage for valuable consideration, unless a 
 memorial of such, deed or conveyance should be 
 registered in the maimer by that Act directed, 
 before the registering of the memorial of the deed 
 or conveyance, under which such Hubse(]uent pur- 
 chaser or mortgagee should claim. 'J'he form and 
 contents of memorials under that statute have 
 already been referred to. The requirements of 
 the Registry Act of 1H4G were held to be inii)era- 
 tive, and a strict accordance therewith was deemed 
 essential to a i)roiier registration. The language 
 of the sixth section of that .Vet was interi)reted 
 strictly, both as regards form, as well as sub- 
 stance ; and as making the registry of such a 
 memorial as it directi'd, a cundition precedent to 
 tlie validity and effectual openition of the i)rior 
 deed, as against a subsoijuent pundiascror encum- 
 brancer. To place upon registry a memorial ni)t 
 in strict conformity with the provisions of that 
 Act, was looked upon as a nugatory proceeding. 
 In a case coming within the operation of that Act 
 it was held, that a deed, registered upon a memo- 
 rial which omitted the addition of the witness to 
 the deed, was, on that account, Iraudulent and void 
 as against a subsequent mortgagee (1). The 
 omission in the memorial of the christian name 
 
 (1) Robson V. Waddell ft uL, 24 U. C. 11., 571. 
 
 2 -f 
 
 ■i ■ ■■■ 
 
 i|* 
 
< HAP. XI. ' 
 
 ?H7. J 
 
 DKl'KL'TS 1\ HKdlSTKATlON KKMKiilKK. 
 
 ZSJ 
 
 i)f till' grnntor's wife, who executed tbr deed jor 
 tlif: ])uri)()so of harrinjj; lior dower, was bel i i 
 invalidate the re;.;i,stration (IK 
 
 TIk! corrt'spoiidiuu; suction of th.' Irish lii--i;>i>lTr :^,^i.^^g. 
 Act (2) was dt'clai'ed to he luandatory, and ij(A ^*^ ■^^' 
 merely directory (3). 
 
 When the csstaitials to a proper registrationu 
 were so rii^idly construed, considerable anutitj 
 prevailed in nia)iy cas'js respectinj:? the validity of 
 r«i,nstration of muniments of title. To quiet tb-e** Ji^nv i"» 
 fcai's, aa well to <^i\e a more lioeral niter])reta1itnB ,i,„^^ 
 to the l{e"istrv Ijaws, advantai^e was ti.ken of 1 u* ";"''"'' ^^ 
 amendment of those laws hy the Iteju'istry Act of^tcif ' 
 lH(»r», to introduce a i)rovision to confirm hH jird-'***" 
 vious regiwtrations which were defective in t*>ebui- 
 cal iimissioiis or clerical errors. The seveiitT- 
 ei;^dith section of that statute is identical wilL 
 the j)resent section, havin«4 been retained in ilae 
 Itepistry Act of iHCxS. Subseijuent to the Itt-^^iKtry 
 Act of LSlio cominj^ into elTe(!t it was held. \hnl 
 where the memorial of a will, registered on iht 
 twenty-ninth day of January. IHoT. did not e.ou- 
 tain the place of abode or addition of tlie Kubscrii»- 
 ing witness, such defects in the registration "w^re 
 cured by the seventy-eighth section of that statute, 
 which bad a retrospective efifect (4). That KectifT. 
 expressly exempted from its operation all ku.i- 
 tht n pending. Ihit for this exception, the ea^t- o'' 
 llobson V. Wadd<'ll et <tl. would have been deter- 
 iiiiiu^d differently, as judgment therein was def-r- 
 ri (1 from time to time, in the expectation that tbt 
 
 ill lioiutlier V. Hiiiitlj, IMir., :i(7; sec Munk of Moutraal t 
 riiDiiip^iiii, !) (ii'.. Til ; Mi'Doiialil V. IUkIj^it, Hi. To. 
 
 vl] (J Aimc, cap. 2, sec. 7. 
 
 i:ii IlHicliiiK V. Ciuiv, 111 Jr. V. W , 110; in re M-'Ust-ll. U Ir 
 .liir. (N. S.l (Jf'i ; ^ce Siillivnii v. Wnlffh, 1 .loticB, 'H\i . in r«- J»iu- 
 uiiiv;s. H Ir. Ch., 12. 
 
 i4) Uyan V. Dtveitiix. •-'« L'. C. 1{. 100. 
 
; ■?! 
 
 858 
 
 Misci:i,L.\NKoi:.s i'Rovismns 
 
 c 
 
 CHAP. XI. 
 
 ST. 
 
 Cloiicii 
 errors 
 
 I'onii'il 
 omissions 
 
 lloj^istrv Act ot 18(15 would contain some provision 
 iilTt'cting tlio point undcT emiuiry in that case. 
 
 Clerical errors and omissions of a mere formal 
 or technical character are relieved aj.,'ainst in this 
 section. It has always h(;en generally held that 
 rofjiistration will not i)e vitiated throuj^h a mere 
 clerical error, or an omission of a formal nature 
 (1). A mortgage and juemorial thereof were exe- 
 cuted on the twenty-sixth day of Fel)ruary, 18i>'). 
 By a clerical error the date in the mortgage was 
 written as 1H51, l)ut the memorial stated the datt; 
 of the mortgage iHoo. it was held that this error 
 should ho treated as a clerical error which did not 
 invalidate the registration (2). If a clerical erri»r. 
 however, has a tendency' to mislead, it may cause 
 the registration to be invalidated. What will lie 
 considered as an omission of a purely fornial 
 nature must depend u^jon circumstances. Where 
 the alHidavit of the execution ot an instrument did 
 not state that the instrument was executed by the 
 grantoi'. or person owning the subject matter of 
 the conveyance, it was hold, that such omission 
 could not be treated as one of a formal nature 
 only, but as one of sul)stance, and that such omis- 
 sion was not cured by the remedial statute 27 X' 
 28 Vic. (Imp.), cap. 7(), which had been passed 
 to relieve against ctu'tain defects in registration 
 under the Irish Registry Act, and which is almost 
 identical in its language with the section under 
 discussion (8). 
 
 Retrospoc- Tilis Section is applicable only to cases of defec- 
 
 of HccUo'ii ^^^^ registration, through ineiiioruds had prior to 
 
 the passage of the Registry Act of 18G8, and does 
 
 (1) Wjatt V. Barwell, 19 Ves., 435. 
 
 (2) Jliirty V. Appleby, 19 (ir., '205, 
 
 (3) In re Stephen Estate, 10 Ir. 11. (Eq.), 282. 
 
fHAP. Xl.T KUUORS AFFKCTIXi; TNINC OliPOHATKD Vll,l,A(ii;s. 
 
 5^8. J 
 
 Hoi) 
 
 not affect rof^istration through momoriala subse- 
 quent to tliat (hito, and ])ri()r to tho twenty-ninth 
 (hiy of ^[arch, 187:5, which are witliin the opera- 
 tion of the following soct'on. 
 
 The latter part of section eighty-s<n-en reft^rs to i.nors in 
 the registration of iostruments alTec'ting J'l^^*^^ i,i',!"'ianaB 
 Iving within unincorporated villages in siparate in »i>in- 
 lu'gistr}' nooks, beetion Jo, snimi, and the cor- viiiuKi-s, 
 responding section of i)revious lirgistry Acts nia<h} 
 )io provision for such separate Registry liooks. 
 Instruments affecting lands within such villagi'S 
 Were required to he entered in the Registry liooks 
 for the niunici[)ality of which iuiincori);)rated vil- 
 higes formed a part. From a misappndiension of 
 the law on this point, some Kogistrars liad kept 
 separate Itegistry l^ooks for unincori)orated vil- 
 lages, and had entered therein instruments affect- 
 ing land lying within such villages, To remedy 
 this state of things, the liegistry Xd of 180') (1) 
 confirmed all such registrations, i)rovided that in 
 all other respects the re(juirements of the Iicgistry 
 Laws had been coni))lied with, and such separate 
 Hegistr}' Books were taken and held to form part 
 of the Registry Books of the municipality of which 
 such unincorporated village formed a part. This 
 provision was retained in the Registry Act of 18G8 
 \'l), which, however, adchnl that such separate 
 Registry Books should not he used after that Act 
 came into effect (8), 
 
 H8. Tlie reKif^tration of any instrument had liefurc the twenty- Dofcctive 
 ninth cliiy <if Miiich, one thoiisiinil eight liundied imd «<'venty- CMrisjtia- 
 tliree, shall not be deemed void i)y reason of any tiefect in the ti(?ns he- 
 jiroof for registration ; but tiiis section sIihI! not ajiply to any f,,rc 'i'Jth 
 matter or fact adjudged or decided upon before tlie said date by ;\I„,(;), 
 any (-'ourt of competent jurisdiction in that behalf. 80 V., c. 17, i,s7:i not 
 
 8. G, 
 
 (1) Sec. 78. 
 
 (2) Sec. 80. 
 
 .(3) See page OS., ante. 
 
 to be 
 
 deemed 
 
 void. 
 
 
 i-'fi 
 
 
In 
 
 
 lilt 
 
 
 
 
 RfincMliiil 
 ftloot of 
 Hi'ctioii. 
 
 Ml>( KI.I.ANF.OrS I'UOVIStONS. 
 
 
 Tliis set'tioii was introduced by tin.' stiitutc ;]ii 
 Vic. cii[)., 17, st'C. <>. It validates all dcfcctivL! i-c 
 f^istratioiis pi'ii)r io tlu; date ri'dnTi'd to tlicri in, 
 Avhetluv made through memorials, duplicates or 
 otiierwise, except as to those mattirs theretofore 
 judicially determined. It is essentially remedial 
 in character, and, in accordance with tlie .'i^'eneral 
 rule, its lan;4iiii^,'e is to lie construed hir^'ely and 
 beneficially, so as to sujipress the mischii'l' and 
 advance the remedy 1 1 1. Where a statute i- 
 remodial it is not unusual, in construing' it, to ex- 
 tend the enactin:4 words Iteyond tledr natural im- 
 port and elTect, in order to include cases within 
 the same mischief ('2). 
 
 As to the etTect of this ijcetion u}ion sections 7S 
 and ~\), see tlie notes thereon, iDifc. 
 
 IJogisti-iV- x',). Nil i('t.'i.--tifitinii (ir entry iiiacl(> licfmo tlic Hiiiil l.i^tt iiieii- 
 
 tions, Ac, tiniiiil (bite, slinll lie Miljiul^rod or lidil to lie void hy ri'iisou of th' 
 not to lit! lit'tjistiar linviiiLj failed or uiiiitted to iHuke oi' >ij_'ii the eertiliiati 
 deemed of entry, di^cliai^re, or re;ri><triilioii, reciuiitii to he made in tlic 
 void by niai'^jin ol, or elssviiere, in tlie lie},'i>.try liooks or other l)ook,- of 
 ahscnce of entries; and in ease of such failure or omission, siieji Certificate 
 certifi- may Ih^ made or sii,'ned hy any siihseiiuent Ih'Kistrar, and sliall 
 cfttes, &e.,hnve t! e saun' force and effect as if it liad heeii made ov sii^ni 1 
 in mnrf,'in hy the i<e^'i?-trar whose diit,v it was to liavc made or si^^ued it 
 of hooks. ;!•; v., c. 17. s. it. 
 
 ihitio.of 'I'jj . l{e<'istrar, upon the production to him of 
 
 Ih-Kistrar '^ . ' i ,• 
 
 as to re^-- every ori^imil instrument, uuphcate. or other 
 '"'"'""'''• original [nirt thereof, accompanied by tlu; tiftidiivit 
 of execution, is re(|uired by section tifty-nine. aiifr, 
 to enter such instrument in the Iiegistry liook, in 
 its proper order, and by section sixty, antr, he 
 must also uiiike an entry in the margin of tln- 
 Registry Book of the date and time of such regis- 
 tration. Tnder the sivtv-seventh section he must, 
 upon receiving a certificate of discharge of a regis- 
 
 (1) Dwarris on Statutes, (W'i. 
 
 ('2| Thfl Dean and Chapter of York v. Middlehurt^h, 2 V. k J., [■ 
 213. Per Alexander, T,.C. 13. 
 
M 
 
 (nvp. XI. : 
 
 OMISSION OF KNTIIIKS IN INUKXKS. 
 
 •Ml 
 
 I'tious < "^ 
 
 liil l:iHl men- 
 vt'iison of till 
 
 lie ccVtirulUr 
 
 iiiii.lo in till' 
 ther l)ook? of 
 ih cortifii'at'^ 
 ,1-, ami sliiil: 
 ulo or -;it;ii(; 1 
 or ^i^^iu'il it 
 
 ■2 Y.&J..1' 
 
 tered mortgage, luiike a marginal entry of such 
 /lischarge in tlio Ki'gistry Book where the mort- 
 gage is regihtered. Tlie plaintiff ehvimed lot '2."), 
 under a deed from the lieirs-at-law of S., the pat- 
 initeo, executed in 1875. The defendants claimed 
 under a deed from S., dated and registered in 1S(»7, 
 but the Jlegistrar had omitted to enter the de- 
 fendant's deed in the abstract index, and in con- 
 se(|Ut!nce, when the plaintiff en(piired at the 
 Registry Ollice. before getting his deed from tlie 
 lieirs-at-law of the patentee, he was informed that 
 the patentee had nuuie no conveyance. It was 
 Iield, that the llegistrar's omission to make the 
 entry in the abstract index di<l not invahdate the 
 registration, or deprive the defendant's deed of its 
 priority {D. In tliis case it was argued, on behalf 
 of the plaintiff, that comi)liance with the twenty- 
 ninth section of the Registry Act of 1805, (corres- 
 • ponding with section thirtif-thref, ante), was essen- 
 tial to a valid registration, and that consequently 
 the omission, on the part of the llegistrar, to do 
 what was re(piired of him by that section, avoided 
 the registry of the defendant's deed. This con- 
 tention was over-ruled on the grounds that there 
 was nothing in that section to compel the Court 
 to give it so unreasonable and unjust a construc- 
 tion ; that the duty of the llegistrar to enter the 
 deed in the Index Book was a subordinate duty, 
 and that the non-performance of it could not de- 
 I'rive the defendant, who claimed under the deed, 
 of any priority which he might otherwise be en- 
 titled to ('2). A Registrar is a public officer, and 
 as private persons, requiring his services, cannot 
 •control the performance or non-performance by 
 
 •24 
 
 (1) Lawrie v. Rathbiun ct al, 3S U. C. R., 255. 
 
 (2) See casi's cited on piige 77, ante. 
 
1 p 
 
 1 ■;' 
 
 1 
 
 
 1 ')' 
 
 , 
 
 8G2 
 
 MIHCEI.I-ANKOTH I'ROVISIONH. 
 
 rilAp XI. 
 
 iUU. 
 
 The cftKc 
 of jiiirt I'f 
 a Tiiwii- 
 sliip iiiiuU' 
 jiait <if a 
 luw Town 
 xhip 
 witliont 
 chiuiK*' of 
 rc^'istrv 
 liodks pro- 
 vidi'd for. 
 
 Proviso. 
 
 ProTiso. 
 
 him of the official duties allotted, it would be 
 oj)po8ed to every sense of justice and reason, to 
 liold that they should be held responsible for his 
 negligence or omission (.S), 
 
 By the latter clause subsequent Registrars are 
 authorized to correct or supply any failure or 
 omission on the part of tlieir predecessors in otlice 
 to make the necessary entries. It should, how- 
 ever, be imperative instead of permissive. 
 
 9(t. Ill cnsp a jiarf or j)arts of any To\viislii|i or Townsliips as 
 originally laid out, Hiirvoyed and named, had IJeforc the said iast 
 in<-utioni>d date been made or frcctcd into a new Townsliiji, Imt, 
 iicvt'rthdi'ss, the ref,'iHtrations of instrnnunits alTcctint; or respec- 
 ting; land in said first nirntinned Township or Townsliips, ami 
 the Het^istry Hooks and Indexes therefor and relating thereto, 
 continued to he and were on the saiil date used, made, ke)it, 
 entered and registered for and of said first mentioned Townshi]) 
 or Townshijis, and as if the same had continued to he as so ori^riii- 
 ally laid out, surveyed and nameil, then and in every such case, 
 and for and in respect to all matters and jiurposes eitiier liefnrc 
 or after tlie said (hite of or relatiiif^ to any such instrument aiiil 
 any and all such registrations, Kcj^istry Hooks and Indexes, aiul 
 tlie descrijitioii therein of anj' land or ])reinises, said first men- 
 tioned Township or Townships shall I'e deemed, considered and ' 
 taken as if tlie same had continued to he and remained as liu 
 originally laid out, surveyed and named. 
 
 ?. Nothing ill this section contained shall he deemed or taken 
 as relating to or alTecting any incorporated Town or Village, or 
 the land therein, or the registration of any instrument res)iectiiij.' 
 the same, from or after the time (if the incorporation of said 
 Town or Village. 
 
 3. Nothing in this saction contained shall impair or make de- 
 fective any iiistrumentor thi^ registration thereof, hecause of any 
 land l)eiug therein descrihed or mentioned ai situate in sucliiuw 
 Township. 30 V., c. 17, s. 10. 
 
 By section twenty-live, (inte, it is enacted that 
 a separate Begistry J3ook should be provided for 
 each Township or reputed Township, etc. Section 
 twenty-eight, <uUe, made provision for the separa- 
 tion or detachment of any Township, etc., from any 
 county. The case of a part of a Township being 
 made or erected into a new Township was not an- 
 ticipated, and in some cases, from no special pro- 
 
 (3) See page 41, an<«. 
 
 M 
 
rcHAr XI. 
 
 L 5W- 
 
 vould be 
 eason, to 
 
 ic for his 
 
 drars are 
 failure or 
 •H ill olViPe 
 .viUl, liovr- 
 
 rdwnships as 
 (. till' Haiti i»«t 
 i.wnHliii'. I'lit. 
 tint; (>v resiii'c- 
 ownships, iiiul 
 liitiii« tln-ri'tn, 
 il, iiiiult'. k.'i't. 
 mcil Township 
 be us i^i> <>rij-'ii>- 
 
 VITV Hlll'll t'il**''' 
 
 ;s t'ithcv U'UiTf 
 iiistrunit'nt aii<l 
 ,(1 Iiuk-xfs, anil 
 saiil first men- _ 
 c-oiisidcrtHi and 
 •I'luaincd 111- so 
 
 „„.,l ()V tak. n 
 ,„• Yillan-'.i'i' 
 iicnt n'si>i'i't"i;^ 
 loratit)!! of siinl 
 
 ;iir or niaki' tl>'- 
 , l)f<-ausi' of anv 
 at(! in «>ifl' "'^^'^' 
 
 }nactecl that 
 proviiled I'or 
 ftc. Section 
 the sepiu-a- 
 , from any 
 i'liship being 
 was not an- 
 special pro- 
 
 CHAr. XI. 1 
 
 101. ! 
 
 I.IST OK IROWN (.RANTS. 
 
 868 
 
 vision liaving been made, it was usual to enter 
 instruments affecting bind situate in sucli part of 
 a Township in the Jlegistry Books and Inde.ves 
 ))elonging to the Township in which sucli i)art was 
 situate, to the same extent as if tlie hitter had not 
 been made or erected into a new Township. To 
 obviate any difliculties or complications which 
 might arise out of such a practice, this section was 
 introduced in 187ii, by the Act :{(» Vic, cap. 17, 
 sec. H). 
 
 LIST OF CROWN (illANTS TO HE FURNISHED TO 
 RECUSTRAR. 
 
 '.11. The I'roviiK'ial S. cictary shall once in every tliree niontlis, Provincial 
 
 furnish to each Re^'islrar a statement CDntainin^ a list of the Secretary 
 
 iiaines of all persong to whom patents Imve issiieil from the to fiirnisli 
 
 Crown for ^'rants of lainl within the County Hinc« the former statement 
 
 statements, and of all persons whose patents Intve heen eancellt-il, of Crown 
 
 since the former statements, anil witii such jreneral or particular grants 
 
 iliscriptions as the case mav re<juire ; and the Commissioner of onco every 
 
 (,'rown FiUnds shall furnish copies of all plans or maps of Towns three 
 
 and Townshijis within the same, which have not heen already months. 
 
 furnished, and in cases wliere no proper siu'vev of anv Town- ,, , , 
 111 11 ' 1 1 ' .1 I Malts to ho 
 
 ^Inpliiis neen inadeh'- mav cause ri proper survey and plan thereof - ' • , , 
 
 lo he made and furni>hrd; ."U V., c. 2o, s. h\ ; 40 V., c. 7, Schfd. '"^",'^"*''i 
 
 A , i:tO). Sr,- „ho lUv. Sint. c. 211 ss. :i.5 .V ;t7- nlsZer 
 
 The liogistry Act of 18 IC, required the otlicer V^ ^'7"''" 
 
 "^ . ^ . r.aiids. 
 
 iievforming the duties formerly assigned to the 
 
 „ ..,,',. . , I nder 
 
 Surveyor General to luruish the l{o,;istrai- with a u, .^.r. Act 
 list of the names, of all persons to whoin i)atents '/■ T^*'; 
 
 ' "^ 1 _ Lists, \.c., 
 
 liad issued from the ("rown for grants of land with- to he fur- 
 in his comity, and also with C()i)ies of all plans or "'['„'',\.jij. 
 maps of Towns and Townships within the same. t«'" le- 
 He was not required to furnish this information 
 unless he was previously applied to in writing by 
 the Itegistrar, and he had twelve months after such 
 application within which to prepare the list, maps, 
 etc. Jiy the Act If) Vic, cap. lo!), sec. 24, the 
 Commissioner of Crown Lands was ro(piired to Yearly 
 transmit, once a year, to the Hegistrar of each^„"„t8. 
 county or registration district, a list of the Clergy 
 
m ^ 
 
 80i 
 
 AtlSt KI.I.ANIOfS I"nOVlSl(>V«<. 
 
 t MM'. XI. 
 L i'M. 
 
 1 ■;> 
 
 iiiiiii 
 
 T'ntiis 
 triiii~f.i- 
 rcil til 
 ( 'rowii 
 
 I.lllllls 
 
 C'omiiii!-- 
 State 
 
 IID'lltH, 
 itc, til lir 
 IIIUllc 
 
 iiuiirtfrly 
 li.V Troviii 
 ciiil lii^'i.- 
 tiur. 
 
 Pnty 
 
 tiaii.'-fcr- 
 rcil to I'ro 
 vincirtl 
 Sfcretarv. 
 
 Duty (if 
 Crown 
 
 Cnnimis- 
 sioner. 
 
 and Crown fiiinds sold, or for wliirli licenses for 
 ofpupation liad been f^rantod, in such county or 
 •liHtrict ; and lie was further reriuircd to notify, in 
 liko nnuuur. tlio llciriHtrar of tlio cancellation df 
 any piit<'nt of license or occupation. 
 
 l!y tilt' Act •l'.\ \'ic., cap. '1, sec. I, all the pow( r-; 
 and duties which were, ju-ior to ^Farch ITtli, 1H|.^, 
 vested ill the Surveyor rJeneral. wore transfrn-iil 
 to, and vested in, the Coniniissioner of Crown 
 iiands. 
 
 The lie;:,'istry Act of 180;") {D, amendini* the 
 Kef^istry Law, provided that the Provincial llegis- 
 trar should forthwith, after the iirst day of Januar\ 
 1H(1(), furnish to each llej^istrar, a statement con- 
 taining a full descrii)tion, hy metes and hounds, of 
 all lands theretofore jj;ranted hy the Crown, when 
 a t,'en(ral description could not be given, togetlur 
 with the names of the ^^rantees, and he was recjuired 
 further to furnish such lle<^istriir, every three 
 months, with a similar statement of all suhseciueiit 
 grants. Hy the same section the Commissioner of 
 Crown Lands was reiiuired to furnish cojjies of all 
 maps and plans of '{'owns or Townshii»s which had 
 not already been furnished, prior to the first day 
 of January, ISOC). The Registry Act of 18('»() trans- 
 ferred the duty of furnishing the statement of 
 Crown Grants from the Provincial Piegistrar to the 
 Provincial Secretary, and also reipiired statements 
 of cancellation of patents to be forwarded to tlio 
 Registrar. This section is identical with section 
 thirty-seven of " The Public Lands Act " (2). By 
 the thirty-fifth section of that Act the Commis- 
 sioner of Crown Lands is required to transmit to 
 each Registrar, a list of Public Lands sold, granted, 
 
 (1) Sec. 79. 
 
 (2) Rev. Stat. (Out), cap. 23. 
 
. ( MM' XI. 
 I i'M. 
 
 licenses for 
 
 oouiity i»r 
 
 ;o notify, in 
 
 (•((llation 111' 
 
 tin' powi r-; 
 ITth. IHl.-;, 
 
 tlMUsfrrrnl 
 
 : of Crown 
 
 unnliu'^ the 
 ncial lie^is- 
 rof Januun 
 itcnn-nt con- 
 (l bounds, of 
 Crown, whon 
 ven, toj^c'tlKi- 
 WHS vciiuircd 
 evory threo 
 1 snbHe(iutnt 
 iiniissioncrof 
 copit'S of all 
 )S which hail 
 the first day 
 f 18(i0 trans- 
 tatemout of 
 rfistrar to tlio 
 il statements 
 •arded to tlio 
 with section 
 ct "' (2). By 
 the Conimis- 
 transmit t<j 
 sohl, granted. 
 
 'ip 
 
 MAP. XI. • 
 
 ?!tl. J 
 
 (iH U lAI, (ttl'll.?> OK .M.\I'S, Kli 
 
 w$ 
 
 lra?i('d, appropriated or set apart to fuiy person, ur 
 for wiiich licenses of occupation havr been issued, 
 which lands are dfcdarcd by that Act to lie liable 
 t(i the assessed ta\es in tiie To\vnshi|> in which 
 situate, and provision is nnide for the ri^^ht of pui'- 
 chase thereof at ta.K sales. The copies of llie plans Att«Htoil 
 and niajis reipiired to be furnished uiulcr this 'i',',',"'^'',^',, 
 section to the iU'^istrar, by the (luniinissioner ()fin«''vi- 
 ( rown Jiands, are, liy the torty-liltli sictn^n ut criminals. 
 " Tho I'ublic Lands .\ct,"" declared to hi' competent 
 evidence thereof in all casts in which the ori^^inals 
 could be evidence, i)rovided that such copies are 
 attested under the si^,'nature of the Commissioner, 
 or of the Assistant CommissioniT. In an action 
 for cutting' timber on the plaintitl's land, the 
 j>laintilt" adduccnl in eviilencf of his title a plan 
 produced from the Kej^'istry Ollice, which plan was 
 sworn to be the one furnished by the Commissioner 
 ot Crown Lands, it was headed " Carditl",'" (the 
 name of the township), and at the bottom was 
 written " J)upartment of Crown Lands, Ottawa, 
 November, ISOG, A. Itussell, Assistant Conmiis- 
 sioner," whose signaturi; was proved. It was held, 
 that the jdan was sul'liciently certified under this 
 section, and consequently was receivable in evi- 
 dence (1). 
 
 [S>rtio>i.i HO and SI .i/'i'J I'., C. 24, an' ax foUoirs :—('2). 
 80. Any person foi-.swcuiint^ himself hefdre any Keuislrar or p^i.^^, 
 his neputy, or liefore any .Iiulj^e, C'oniniissiouer. or otlier person HweiirinL' 
 iluly uiitliori/eil to adiuniister an oatli in any of tlie eases afore- umi,.,- i]i[^ 
 siiiil, and lawfully eonvieted, shall incur and lie lialile to thesaniu a,.. »,, j,,, 
 penalties as if the oath had lieen taken in anv Court of IJecord in p^'riurv 
 Ontario. ' 1 J .>• 
 
 Ml. Any person who forges or cuiiuteifeits any cortiticate hy {.'orizinK 
 tills Aet authorized or directed, or any allidavit of the execution (vrtifi- 
 "t any duplicate, original or niiMiiorial, or any instrument what- j.^j,,;, ^^.y 
 ever mentioned in this Act, shall he deemed K'l'lty of felony, and muler this 
 
 . .. . , , . . . Act to bo 
 
 (ll Nidiolson V. ra^'e, 27 I . <- . H., :U8. felonv 
 
 (2j See Keyistry Act 186«. sec. Hi-»3. 
 
Nil 
 
 I, 
 
 f? 
 
 •1 
 
 HOO 
 
 Ml«<'KI,r,ANKOfS PROVISIONH. 
 
 [CHAP. XI 
 
 Hhall 1m' impriMotuvl ut liuni liilioiir in lln' Priiitt'iitiary, for 
 tiiiK' not IcHH tliiiii fi)iir vi'trs iicir iiinrt' tluiii ti'ii vi-itr'' 
 
 ativ 
 
 Oniitt.«a These lu'iial clauses were included in the iSeuis- 
 
 frnlil lilt- 
 
 nil criin- 
 iual law. 
 
 1 u.T^O' '^ct of 17i''>, and every Hucctedint; Kej^istiy 
 iMtry Art ,\ct. When the revision of the Statutes of Ontario 
 was decided upon, tlie ( oininissioners eliiniiuited 
 from such revision all those statutes, or parts of 
 statutes, which atTectrd matters that were ex- 
 cluded from tiie jurisiliction of tiie Provincial 
 Legislation hy "The Mritish North America Act." 
 Ah a conse(|uen(;e. these sections are not con- 
 tained in the revised lleyistry Laws, hut. never- 
 thtdess, they are in force, and form }»art of the 
 general criminal law of Canada. For the purpose 
 of convenience, however, they are i)ermittt(l V) 
 appear in this Act. hut in a smaller type, to indi- 
 cate that alth()u>;h inserted they do not form part 
 of the revised Act. 
 
CB*P. XII.1 
 
 |W. J 
 
 KKKM UK KEUISTRAKS. 
 
 mi 
 
 CIIAPTFJt \II. 
 
 FKKH OF HH(rISTUAllS. 
 
 (j'J'i. 1 1). FiM'.i for n-jjistriitions Kciu'i'iilly wlicre iiislriiiuoiit 
 incliiilt'M tlilTcnMit IoIm, Ac. 
 I2i ScHrt'lii's liH to titlf. (teiicral scurcli. 
 (3) Spurcliiiiu ikI|>li)ilM'tic'iil index. (u>tu>rul ^ mi')i. 
 li). AI'MtntctH u( title. 
 (o). Oertlticiitert. 
 (til. FiliiiK )>likiiH 
 
 (7). Stiiteiiifiits under Hecs. '2H, 31 ife ;<2. 
 (Sl. Knterinn lots under hmc. X;V I'rovif 
 l!»i Atlidiivitn. 
 10). Sliewint^ (irijjinulfi 
 (11). Curtiln'iitert of disdiii. !,'((, Ac. 
 (12). Cerlinciites of piiynient of tuxes. 
 (18). Figures liow clmr^'ed. 
 S!>3. Table of ft'is. 
 S'Jl. lU'tjistrurs to ;,'ivp stuteim-nt of fee.s i)Hval)le ;n any 
 
 matter. 
 .!;!♦•'). Recovery of fees from Miinieiiml Corporation!* evid'noe 
 >i'.M't. Fees payiilile licfore reK'i'<tr)itioii. 
 J'.*?. Uet{islriir:< to keep aecoiints of fees. Itcturn. 
 jilH. Ue>;istriirs enioliinient when fees do not exceed ii/tOO. 
 S'.t'.l. When fees lire between 82. ')(>() and «:{,(HI(). 
 ilm When fees lire l)etween W.IXM) an I »:J,'>Oil. 
 .UOl. Whc-n fees lire li.'tween «;J..')0(t and 91,(HiU. 
 iU)l. When fees are l.etw.-en fl.OOO and »4,o()i>. 
 Jilll.t. When fees exceed 5I,.')(»I». 
 
 •iliU. .\|)plication of surplus fees. 
 
 JlDj. Fees under ss. 'J^, .U or 32, etc., not included in al)ovo 
 provisions. 
 
 '.•2. F.very rejjistnir slniU be allowed the following fees for Fees, 
 ilif following services, and no more. 
 
 ♦A registrar Ciinnot sue for fees, where not ox- Action fur. 
 pressly i)rovicle(l for. 
 
 (1). For the necessary entries and certiliciite in rej^isterinu For re^is- 
 every instrument otiier tiian those hereinafter specially provideil trations 
 for, including anions such certiticiites the certificate on the i>(.|ieriilly 
 duplicate, if any, forty cents; and fiu- rei^'isterinv,' every instru- 
 ment, other than thost! hereinafter sp ■■.ially provided for, one 
 dollar. 
 
 But in ease the saiil instrument exceeds ."ieven hundred words, 
 then at the rate of fifteen cents for each additional one Inindred 
 Words or the fractional part thereof, up to fourteen hundred 
 

 808 
 
 1 KKS on KECJISTRARS. 
 
 ("CHAP. XI 
 
 L m. 
 
 Former 
 tariffs of 
 fi'en. 
 
 n; Vie. 
 
 c. 187. 
 
 words, and tit tlic rate of ten cfiits for oach additional lmiK!ri;iI 
 Words or fraftional part lliorcof over fourteen hundred. 
 
 If tlie in- And if tluf memorial or other iu'^trument eiuhraees d-fTeront 
 
 striinient lots or parcels of lan<l, situate in different localities in tln^ .same 
 
 includes county, the re^'istration and copying' of such, includint; all 
 
 different necessary entries and certificates thereof into the (titterciit 
 
 lots in dif- Ref^istry liooks, shall lie considered separate and distinct re).,'is- 
 
 ferriit 1(1- ti'atitius of such instruments, \>n% siiall lie char^^'cd fur and jiaid 
 
 calities. at the rate of forty cents for the nec<'ssary entries and certiticatc. 
 
 and for tlie said institiment, fifteen cents for eveiy one hundnil 
 
 words or the fractional part thereof up to fourteen hundii'd, and 
 
 of all over that at the rate of ten cents for each hundred words oi 
 
 fractional part thereof. 
 
 The tiiriff of fees payable to Registrars Las neces- 
 sarily varied from time to time, lender the llegis- 
 KeK. Act try Acts of 1795 and IHIG, the Registrar was 
 
 of iT'.io. eutitii^d to receive the sum of fifty cents for the 
 
 Ke". Act 
 
 ofl«4(). fii"st hundred words, and for every additional 
 
 hundred words the sum of twenty cents (1). 
 
 Ijv the Act 1() Vic, cap. 187, the Registrar was. 
 allowed one dollar and twenty-five cents for regis- 
 tering every deed, conveyance, will, power of 
 attorney or agreement, including all necessary 
 entries and certiiicates, wherever the same did not 
 exceed eight hundred words, and in case of excess, 
 the further sum of thirteen and ouo-third cents 
 for every additional one hundred words. "Where 
 any instrument related to lands in several localities 
 in the same county, only one memorial was re- 
 quired, which memorial was to be. co[)ied into the 
 Registry Rook for eiich of such difft'rL'ut localities, 
 to the same extent only as if a separate m nnorial 
 Lad been furnished in relation to the lands situated 
 within each dili'ereut locality ; and the Registrar 
 was required to make the necessary entries and 
 certificates accordingly. In counting folios to be 
 charged for in such cases only one certificate of 
 registry should be allowed, and no charge was to 
 be made for the marginal certificates, notes, or 
 (1) See Smith et al v. RiJout, 6 U. C. R., 617. 
 
HAP. XII. 1 
 
 FOKMI-.R TAUIFFS OF FEES. 
 
 800 
 
 1 hmulrcil 
 
 references. Tlie registration fee for a Sheriff's 
 l)eed was limited to seventy cents. In a case 
 arising under tbat statute it was held that the 
 Registrar was entitled to charge for only one 
 registry of any document to be registered in one or 
 more Townshii>, provided that the number of words 
 recorded in "counting folios" should not exceed 
 eight hundred words, and that all in excess of that 
 number should be charged for at tiiirteen and one- 
 third cents per folio as allowed by that Act (1). 
 
 Since the passage of the Ilegistry Act of 18Go, ^^''-v^f^ 
 which effected important chaiiges iu the tariff' of 
 fees, as well as in the mt'thod of registration gen- 
 erally, the cases of Smith ct <il v. llidout and in re 
 Lount, will have no application. By that Act the 
 lu'gistrar was allowed one dollar for registering an 
 instrument where it did not exceed seven hundred 
 words. In case it exceeded that number, the sum 
 of fifteen cents for each additional hundred words 
 or fractional part thereof, was allowed up to four- 
 teen hundred words, and the further sum of ten 
 cents for each additional hundred words or frac- 
 tional part thereof, over the fourteen hundred 
 words. Where the memorial or other instrument 
 included diffei.'ent lots in different localities iu the 
 same county, the registration and cojjying of ^uch, 
 including all necessary entries and certificates 
 thereof into the different Registry ]V)oks, were to 
 he considered as separate and distinct reijist rations 
 of such instruments, to be charged for at the rate 
 (if lifteen cents for every hundred wonls or frac- 
 tional part thereof. This tariff was retained in 
 ♦he Registry Act of 1808, and in addition thereto, lie;;. Act 
 the sum of forty cents was allowed to the Regis- " *^^^' 
 trar for tlie necessary entries and certificates in 
 
 (1) In re Lount, 11 U. C. P., 97. 
 
 I 
 
1 
 
 
 1 
 
 1 
 
 i i.i 
 
 
 If 
 
 [ 
 
 
 i 
 
 -1 
 
 
 4 ^^!N' 
 
 
 * V ' 
 
 'l 
 
 
 370 
 
 FEES or REGISTRARS. 
 
 fCHAP. Xlt. 
 
 L SM. 
 
 registering every instrument (other than those 
 hereinafter specially reierred to), including among 
 such certificates the certificate on the duplicate (if 
 any). 
 
 Tabulated For the convenience of those desiring to register 
 oHecT" instruments affecting different lots or parcels ot 
 under sub- land, situate in different localities within the same 
 county or registration division, as well as instru- 
 ments requiring but one registration, a tabulated 
 statement is inserted in Appendix C. The first 
 column thereof has reference to the fee chargeable 
 when but a single registration is required under the 
 first and second clauses of this sub-section ; the re- 
 maining columns relate to the fees chargeable 
 under the third clause. The table is calculated 
 only for instruments up to twenty folios and not 
 requiring registration in more than six separate 
 Registry Books in the county or division. AVhere 
 the instrument either exceeds twenty folios, or re- 
 quires registration in more than six Uegistry Books, 
 the additional fees can be easily calculated. 
 
 Fees for The registrar is entitled to the fees allowed by 
 ti^uu^uiider*^"''' ^^^ ^^^' *''® registration of any instrument, 
 certaiu except where the fees for registration under certain 
 statutes are thereby expressly regulated. A list 
 of statutes authorizing the registration of parti- 
 cular instruments is contained in appendix B. 
 Where in such list no particular fee is mentioned, 
 the fees allowed by this Act will be chargeable. 
 Where under a special Act a Registrar is allowed ii 
 specific or stipulated sum for registering certain 
 instruments mentioned in such Act, he is restricted 
 to that sum, but if those instruments do not strictly 
 comply with the statutory form required by such 
 Act, and contain foreign matter, the registrar will 
 
CHAP. XII. 1 
 
 §W. J 
 
 SEARCHES AS TO TITLE. 
 
 S7l 
 
 be entitled to charge full registration fees •aiciliT 
 this Act. By the Act 10 Vic, cap. 109, (iaafior- 
 porating the defendants), the registrar was eirtaftikiii 
 to receive only the sura of fifty cents from $&<» 
 •defendants for registering deeds made to tb-fe-ii; za 
 the form prescribed by that Act. lu If^'i ma'i 
 1874 the defendants brought for registTy. iletii* 
 made to them under that Act, but which eontajm(»ii, 
 in addition, covenants for title not included ini the: 
 statutory form. It was held that for Bueb d*»tii-i 
 the Registrar was entitled to charge his full f-e* 
 under the Registry Act 1868, and was not rt-^^trl't- 
 ed to the fifty cents (1). 
 
 (2.) For Hearchiii};; the Kegintry Books and Indesfi- nua£;iir «■ _ 
 to the title of any lot or j)art of a lot of land as orit;iuaUv imvu-t- ^^l,,.i,„ 
 «>d hy the Crown, or as afterwards subdivided into smalivT a'.n.4.. _ . ' J^, 
 shewn by any registered map or plan thereof, when not eiutxiurur 
 four references, twenty-five cents, and five cents for evt-ry ufttt- 
 tional reference; but in no case shall a general seai-cL iiAi ■:iijt ©»^nrtral 
 title to any particular lot, piece or parcel of land exwntd tij* vvsa ■wju'ch. 
 ;)f two dollars. 
 
 Tudor section twentj'-three 'nifc, the liegi^irair, D-.nes ..f 
 when required, and upon being . ndered bit k-zbi ',"^i"J)i]. .^^ 
 fees in that behalf, is obliged to make search*^ ^^i'^^ """" 
 all registered instruments affecting any jiai.-Li.ril 
 lot, etc. If the party searching desires a ]>ers'ij^jtJ! 
 inspection of the books of the office iu ordrr Vj' applicant 
 search therein for himself, the Registrar Luui<t ^i- <.4r<;h the 
 hibit to him the requisite books, as wt-ll at ii«- '"*"'"• 
 original registered instruments, the feeb pu>a.f.i- 
 to the Registrar for the performance of these u L,\.r-. 
 beingestablished by this sub-section ; and tbt Jieiii^ 
 trar is equally entitled to such fees whether be. c>rii^ 
 party desiring a personal inspection of the bo <£.«, 
 niakps the searches. In either case the searcii i* ^>u-';h«« 
 restricted to the title of a lot of land, or of a pwm -J, paru.tu- 
 thereof, as originally patented by the crown, or %i ^ ^'"^ 
 
 (1). Ward V. Midland Railway of Canada, 35 U C. it., UJO. 
 
872 
 
 KKES OF REGISTRARS. 
 
 [ 
 
 CHAP. XIL 
 92. 
 
 subseqiiontly divided according to a registered plan 
 
 or not, shewing such sub-division (1). 
 
 Fics The amount of fees to \vhich the itegistrar is 
 
 sciihcr entitled under this sub-section is based upon the 
 
 hiis.d on ,^,jmjj^^,j. (jf entries in the books. AVhere the Ab- 
 
 "nftr- stract index of a certaui lot containing thirtv-one 
 
 euct'.s. entries was shewn to an api)licant who looked at 
 
 Nut (111 ^^^^ same, and who, at his request, was shewn four 
 
 iiuiui..-r of the registrations in it, it was held, that the 
 
 liegistrar vas entitled to charge only twenty-live 
 
 cents, being his fee for searching not exceeding 
 
 four references ; and not the sum of one dollar 
 
 and sixty-cents as for a search on each of such 
 
 thirty-one entries ('!}. An applicant has the right 
 
 to inspect the Abstract Index, and '"may select as 
 
 . many references to be examined as he may i)lease, 
 
 and on his selection and recpiirement depend the 
 
 Fee for ill- amount of the fees"' (3). Where the applicant 
 
 SpCl-tioil of ... 1 il * 1 i i. T ' 11 J. 
 
 Aiistiiict tiimply inspects the Abstract Inaex and does not 
 ask for references to registered instruments the 
 Registrar will be entitled to charge twenty-five 
 cents for exhibiting the Abstract Index (4). 
 
 The total charges for a search are limited to the 
 sum of two dollars. 
 
 Disbursements for necessary searches in the 
 
 im'uts for j^poristrv Office in connection with anv action, suit, 
 
 i<cc., allow- matter or other legal proceeding are usually allow- 
 
 actions Ac ^d to the successful party. In taxing the costs of 
 
 an action of ejectment for non-payment of rent, 
 
 the plaintiff will be allowed the cost of searches 
 
 made in the Registry Office against both names 
 
 and lands for the purpose of proceeding in such 
 
 action (5). 
 
 (1) Hope V. FerKUsou, 17 U. C. K., '2VJ. 
 
 (2) Rush v. McLay, 20 U. C. P., I'JO. 
 (H) lb., per Hagarty, C. J. 
 
 (4) lb. 
 
 (•")) Jack V. Liiwdur, 3 Ir. L. R., 531. 
 
 liulcx 
 only. 
 
 I'isliuioe- 
 
«criAP. XII. 
 S92. 
 
 SEAUCHING INDKX — ABSTRACTS OF TITLK. 
 
 373 
 
 (3.) For scftvcliinf;, if specially ro(iuireil, the Alplmbttical ScnrcliiiiK 
 Index (if names referred to inseetiini tliirty-four as to each name Aliilialicti- 
 "in the hooks of any one Townsliip, or other lesally defined eal Index. 
 Miinieipality in tlio County, tweuty-tive cents ; hut if a general 
 search as to any such name is made throuKhout the County, General 
 the af,'gre}»ate of fe(>s for such search shall not exceed one dtdlar ; search. 
 
 8ee notes to section thirty-four aiitc. 
 
 In order to entitle the 'Registrar to the fees JJ;;,;\'*;;|!''' 
 herehy prescribed, he must, previous to soarcliing" ^i":'ii'"y 
 tliG Alphabetical Index, be specially required in "' 
 that behalf by the party chargeable. Tpon being 
 so specially required he is entitled to the fee of 
 twenty-rtve cents for searching each narne, 
 whether the same appeals as "grantor" or 
 "'grantee," in the liooks of any one Township, 
 City, Town or incorporated Village in the County. 
 Where he is requested to extend such search in 
 the Books of more than one Township, etc. in his 
 County, he will be entitled to a further fee of 
 twenty-five cents for each additional Township, 
 vtc, not to exceed, however, in the aggregate, one 
 dollar for each name. 
 
 (1.) For every ahstr.ict of title to any "ipeoifin parcel of land *'\''-"'''i"^i'' 
 certified hy the Ue^jistrar, eont'iining such particulars as to any ' 'ii'^'' 
 number of the registered instruments affecting sucli parcel of 
 lAiid as tlie party st.'arching may renuire, twenty-tive cents ; ainl 
 when such ahstract exceeds one hundred words, fifteen cents for 
 every additional hundreil words ; and for copies of instruments 
 ■when reiiuired, ten cents for each hundred words ; 
 
 This sub-section ascertains the fees payable to 
 the Registrar for making and furnishing an ab- 
 stract of title as required by section twenty-three 
 
 The abstract must relate to the title of a " speci- " ^1"''^''''^ 
 
 1 par<;el of 
 
 fie parcel of land." Where a Township lot has land.' 
 been originally granted by the Crown in halves, or 
 h\ other portions, and the title to the portion 
 patented has continued separate, the Registrar 
 must, on application, furnish an abstract of the 
 registered instruments relating to such nortion. 
 
 

 wn 
 
 ' '■■ 
 
 874 
 
 Abstract 
 must be 
 certified. 
 
 Not evi- 
 dence of 
 title. 
 
 FEES OF REGISTRARS. 
 
 [' 
 
 CIUP, XU, 
 $92. 
 
 Furtn of 
 cerlitieatc 
 
 Contents 
 of Ab- 
 stract. 
 
 He cannot be required to furnish, nor can he 
 charge for, extracts of conveyances relating solely 
 to any other portion (1). 
 
 The abstract must be certitied by the llogistrar 
 or his Deputy, and the certificate should be clear and 
 absolute in its terms. A certificate to an abstract 
 of title being in the following words, namely : " 1 
 hereby certify that the above conveyances appear 
 of record," it was held that the abstract did not 
 comply with the statute, inasmuch as it was not 
 certified to as the abstract of all the registries 
 which were on record in the Registry Office upon 
 the lot referred to (2). 
 
 A certificate purporting to shew the registered 
 conveyances of land from the County liegistrar's 
 Office under the hand of the Deputy liegistrar was 
 held not to be admissable evidence of title under the 
 Act 13 cS: 1-1 Vic, cap. 19, sec. 4 (3). 
 
 As to omissions in certificates see cases cited 
 page 55 (uite. 
 
 No charge can bo made for certificates given 
 under this sub-section (4). 
 
 For form of certificate to abstract see Appendix 
 A. The abstract must contain " such particu- 
 lars '* relative to the registered instruments as the 
 applicant may require. This expression is some- 
 what indefinite. Tlie meaning of it is doubtless that 
 the contents of the registered instruments and the 
 entries in connection therewith shall be set out 
 with more or less detail as the applicant may 
 wish. When the abstract is a mere transcript of 
 the Abstract Index the slightest possible inform- 
 ation is conveyed to the applicant. If an abstract, 
 
 (1) Hope V. Ferguson, 17 U. C. 11., 219. 
 
 (2) In re Registrar of Carleton, 12 U. C. 
 
 (3) Gamble v. McKay, 7 U. V. P., 319. 
 
 (4) See next sub Bectioii.J 
 
 P., 
 
ruAP. XII.1 
 
 m. J 
 
 ABSTRACTS OF TITLE. 
 
 871^ 
 
 however, is meagre in its details, the fault will be 
 at the door of the applicant, as he will be entitled 
 to have the abstract contain " such particulars as 
 he may reasonably dosire." 
 
 Under the Act U) Vic, cap. 187, sec. 8, which f'ees 
 
 11 1 ii T. • 1 i ,. undfr Act 
 
 allowed the Registrar twenty-hve cents for eveiy ig vic, 
 abstract furnished by him, including his certifirate, ^*P- ^*^^" 
 where the same did not exceed one hundred words, 
 and fifteen cents for every additional one hundred 
 words, it was held, that the Registrar could charge 
 only those fees, and could not charge twenty-five 
 cents for each memorial, treating such memorial 
 as a separate extract and certilicatu (1). 
 
 Where an abstract of title to a lot is applied for, Fups 
 and the liegistrur furnishes only a copy of the struct is 
 Abstract Index, making no search, or reference to""'y,''"Py 
 the registrations, he will be entitled to charge sttuct in- 
 only for such copy, namely, twenty-live cents for '^' 
 the first Imndred words (2). and fifteen cents for 
 each additional hundred words. 
 
 It is clearly the Registrar's duty, when called ^^'i't^'i'e 
 upon to furnish an abstract of title to a lot, to uie mmle. 
 make the proper and necessary searches and refer- 
 ences to all the registered instruments in his ofdce 
 affecting the title of the lot in question ; and whe- 
 tlier the entries of such registered instruments 
 appear in the Indexes, or not. He should be con- 
 strained to adopt this course from a sense of self 
 l)rotection. lie will not, however, be entitled to 
 charge for such searches and references as if made 
 under the second sub-section of this section, in 
 addition to the fees allowed him by the sub-section 
 under remark. The Legislature, anticipating that 
 
 (ll Hope V. Ferguson, 17 U. C. R., '219 ; approved McDonald 
 
 v. lU'ii, 21 u. (.'. K., an. 
 
 '2) iioss V. McLay, '2G, U. C. P.. 190. 
 
 I 
 
I;i 
 
 V 
 
 „< !' 
 
 
 376 
 
 KKKS OI" KECHSTRARS. 
 
 'cnAi'. XII, 
 
 L pi. 
 
 Certified 
 'Oopios. 
 
 Certifi. 
 cates. 
 
 Filing 
 planiH. 
 
 Incousist- 
 eut lan- 
 guage of 
 Rev. Stilt. 
 (Ont.) cap 
 1-10, sec. 
 74. 
 
 the Registrar, in preparing an abstract of titlo, 
 would necessarily require to nialve i)ro|)er searches, 
 provided what they have deemed a sufticient com- 
 pensation for making those senrches, by allowing 
 him twenty-five cents for the first folio of one hun- 
 dred words, and fifteen cents for every additional 
 folio. This intention on the part of the Legisla- 
 ture is rendered apparent when it is observed 
 that they have fixed the fee for certified copies of 
 registered instruments at ten cents only per folio, 
 notwithstanding they must have been aware that 
 the Pvegistrar would be obliged to make a search 
 for the registered instrument of which a certified 
 copy may be required. 
 
 The fee to the Registrar for certified copies of 
 instruments when reijuired, including certificates, 
 is ten cents per folio of one hundred words. 
 
 (5.) For each certiticato furnished by the Registrar, except 
 those made under sub-.soctions one and four of this section, 
 twenty five cents. 
 
 In a case arising under the Registry Act of 
 1840, it was held that the Registrar had no right 
 to charge a fee for the certificate which he was re- 
 quired to enter on the margin of the memorial (1). 
 
 (6.) For registration of any plan of Town or village lots, in- 
 eluding all neccessary entries connected therewith, one dollar ; 
 
 Under the Act respecting Surveys of Lands (2), 
 the Registrar is allowed to charge the same fees 
 for the registration of a map or plan deposited 
 ■ with him under that statute as he would be 
 entitled to receive in the case of other documents. 
 The provisions of that statute for the registration 
 of maps and plans are identical with sections 
 eighty-two and the three following sections of this 
 
 (1) Keele v. Uidout, '> U. C. R., 210. 
 
 (2) Rev. Stat. (Ont.) cap. 146, sec 74. 
 
<UAV XII. 1 
 
 V.t-', 
 
 STATK.MKNTS, KTr. 
 
 :I77 
 
 Act, bcin;^ iuloptiMl from the same souroo iW iiiid 
 soctioii sivcnty-foiii' of tlu' tii'Mt iiiciitiomd Htutute 
 is taken t'l'oin tlir niiicty-fourtli of tlic Con. Stat, 
 (Canada) (•a[>. 77, and tlii' forty-second Hoction of 
 the Con. Stat. C. C. cap. '.>:}. 
 
 Section scvcnty-four of tlic Act referred to is in- 
 consiHtent with tlit! lan;4;ua;4e of this section, and 
 apiiears to have been nnintentionally retained 
 whi n that Act was revised. It is snhin tted that 
 it is virtnally sii[>ers( (h'd hy tlii.^ suh-section, and 
 that the fee of one doUar only can he charged 
 upon the re<^istration of iiny [ilan oi' niaj). 
 
 (7 I l''(ir fiiMii>liiiif' till' Htatcmiiit iiini cdpics rciiniicil iiiidfr 
 the t\viiit>('i^'litli,tliirt.v-tii<tiiiiil tliirty-sfcoiul sect ions (if tliis Act, 
 In lit' iiaiil liy llic Cdiuitv Trt'asiircr.towliii'}! miy city, town, fowii- 
 siiii), viliiiK'' '11' l>liK'<' li''i"iif,'s or is (ittacljcil, tlic sum of ten cents 
 lor every fo io of <ine litniilred words contained in such statement 
 sii fiirnislied or cojiy so made; and the ( iiiinty 'rreasiinr shall 
 also pay siicli sum as the Iii>|iector may onler in writing;, speci- 
 fying; the nature of the sirvice under any si'ction of this Act, for 
 ripauin^' any hook, or copyini,', mounting', or liimhn^; jiians umh-r 
 the provisions of section tliirty-two of tliis Act ; and towns sc^pa- 
 rated from counties from municipal puijjiises, and cities in 
 wliicli no separate llei^istry Otiice exists shall hear a rateahlo 
 iimiiortion of th(> (•X])ense thereef haspd on the assessment of all 
 tile niunicip'ilitiee- within the jurisdiction of such county ; 
 
 The nature of the statement iind copies here 
 referred to is fully set out in the twenty-eighth, 
 thirty-first and thirty-second sections ante, and tlie 
 remarks thereupon. A.s the fees chargeable for 
 providing such statement and copies are regulated 
 by the number of folios conttiined therein, their 
 amount can be easily ascertained. Where an ex- 
 penditure is incurred for the repair of books or 
 copying, mounting or binding plans and maps and 
 where compenBation is due for any other services 
 under this Act for which expenditure and compen- 
 sation a Municipality would be liable, it is a con- 
 dition precedent to such liability that the amount 
 
 (1) 31 Vic, cap. 20 ; 35 Vic, cap. 29 ; .39 Vic, cap. 7. 
 
 25 
 
 Snppvpcil- 
 ed liy this 
 suli-sec 
 tioii. 
 
 State- 
 ments im- 
 del sees. 
 •-\S, :{1 cV 
 
 :i-2. 
 
 Nature of 
 state- 
 ments, &c. 
 
 Inspec- 
 tor's order 
 is a condi- 
 tion prece- 
 dent to 
 County't 
 liability. 
 
 I 
 
 
IIMI 
 
 I'll' 
 
 876 
 
 Fi;i;s (»r hkoihthars. 
 
 fCHAI* Ml 
 
 L y.ii. 
 
 m 
 
 Kiitoriiifi 
 
 lots IIIllU'l 
 
 Dec. H."(. 
 I'lovino. 
 
 fiuli-si.'c- 
 tion in 
 jiriictically 
 
 UMilIl|H)lt- 
 iUlt. 
 
 Afil.lilVil^ 
 
 fee. 
 
 Show i I IK 
 originals. 
 
 Ai)pli(uiiit 
 slirmld 
 ^ivo siifti 
 ciciit (Iph- 
 ciiptiou. 
 
 of tlio same should bo previously asocrtiiiiicd l)v 
 the Inspector, who is to order in writinj^ tin- p!i\ - 
 nieiit (»f such expenditure or conjpensation. 
 
 (.s J Km- ciitciiii;' iiii'liT ciicli lut tliii n^'istnitiiiii.s iimdc \nU,i;. 
 tilt! Iir>t (liiy of .limmirv, one tlioiisuiid ciciit liniuirc;! uinl bixtv- 
 six, tlu' .Slim of ten rciitK for llic Hcvcral cntrii'.-i aiiil rofi iciici' iif 
 ciicli iii-tniiiiciit so nitcrcil, to lie imiil for in tlic sunn' nmnin'i u^ 
 |)rovi(li'il for in tlic next |>rt'(•l■<iin^' snl) .-ociinn ; ImH no fi is slmll 
 !»■ (•iiiir;,'iiil)|i' in rt's|iccl of the .MjilialH'ticMl Iijilcx. anil in im 
 ciij.f shall till' fees chai'.'calili' in i'i's|i|.ci of the .\l|iii,ili'| jcul fnjix 
 for any C'onntv, cxfi'i'ij in tlic wholi the sum of two iIioii.mukI 
 (lolhiis. ;;i \'i.- , c, •_'(!, X. 7(1 (1 H). 
 
 As the duties re(|uired hv section tliirtv live, 
 iiiitc niusl, ci'v this, have hccn [)■ rf u'lned, this sui)- 
 sootion is of vei-y liltlr pnietieal iui|)i)i1anci'. .Nd 
 fees are chargeahlc for work done under tlnit 
 sc^ction, so far as relates t.) the ciitric'S in \lir 
 Al[)haheti(;a! liulex. while services for oili'ie^ imi 
 rtd'creiiei'S in the Abstract ImU'X are entitled lo be 
 compensated for at the rate of tin c( nts foi' > arh 
 instrument so entered, whie'.i fci' is payiiblf liv thr 
 County Triasiu\ r. 
 
 (11.) I'or "liawint; ciu'li allhlavit and swearing' Ihc ihiiniiiiH 
 tlicri'to, twenty live fi'iits , tiii,' same fi'i' to he allowi'd for adniia- 
 istcrin^; thi' mitli wlu'ii siicli only is n (luiicd , 
 
 The fee for taking allidavits inider the Con. 
 
 Stat., r. C, cap. 8i), wjis lifty cents, which was 
 
 reduced to the present sum by the Jlegistry .\el of 
 
 IBbo. 
 
 (In.) For cxhibitinf,' in thf oillce oach origiiuil registi-red iii- 
 strunu'iit, inidndin^,' search for sann-, len eunt.s ; 
 
 Amongst the other duties assigned to the Eegis- 
 trar by section twenty-three ante, is that of 
 exhibiting an original ri'gistered instrument, wlun 
 a party, desiring to make a personal inspectiou 
 thereof, requires the Registrar to i)roduce the in- 
 strument and tenders him the legal fees. Tlii.-< 
 sub-section fixes the fee for exhibiting the original 
 registered instrument including the search there- 
 
(•IIAI* Ml 
 
 iiu'il by 
 lu' jmy- 
 1. 
 
 iiiiilc licforc 
 
 ami tsi\ty- 
 
 •I'ftrciiL'i- (it 
 
 > iiiuniii'i 11^ 
 
 10 fti'S sliiiU 
 luul ill II" 
 
 fliciil (ii-i''X 
 
 11 tliiiiiMinil 
 
 liivty livL'. 
 Iliis >\\\>- 
 llicr. No 
 ndfV tlii'.t 
 it'S ill Uii' 
 iitrios iiU'i 
 lilleil to !»■ 
 s for <':i*''' 
 il)lf l.ytli.' 
 
 tlir ilrl"illillt 
 
 ,.,l for iiilnii"- 
 
 tlie_ Con. 
 whicli was 
 ,stvy Act of 
 
 ,.,.;.^i-,lfi-e'l iii- 
 
 tbo Hogis- 
 that of 
 
 < RA 
 
 P. XII. 1 
 
 m- J 
 
 iti'i 
 
 l-.XllllHTINd OllKllN.KI, IN.STRfMKNTrt. 
 
 »79 
 
 lis 
 Inn 
 
 nt. Nvlun 
 |l inspectiou 
 luco the in- 
 
 fers. 
 
 ThiH 
 
 the oritiina 
 [arch then' 
 
 for at ten cents. The party applyin;.; to tlie 
 lio<^istrar to insiicct such original roj.;! stored iii- 
 HtruiiU'iit should furnish tht; Ur^'istrar with a 
 reasonalily dcrmite and tdoar di'scription thereof, 
 as will enable the latter to lind it witiiout ditlieiilty. 
 
 It is not ni'cessary that the re^'istration nninbcr of n"«istia- 
 
 1 • I < 1* 1 1 1 1 i 1 I ii !• i ''"" 'i"iii- 
 
 tlie instrnnieiit should he stated by tlie appneanr : i,,.,- not 
 
 it will be sul'lieient if the names of the iiarties and '"'•'-^•".'^ 
 
 lot are furnishid. In a late ease, where I lie ii])pl leant. 
 
 on ap])lyin;4 at a liej^istry Ollice to see an ori'^iinil 
 
 rej^istered deed, and having,' f^'iveii the names of Nmiies nf 
 
 the jtarties to tin; deed and the lot deseriiied was'^'|[,',|,"i,i i„, 
 
 shewn the ori^^inal rejj;isteri'd deed, it was held ^ivi'n. 
 
 that there was a sutlicient deseri[)tion '/iwu to 
 
 enable the Uegistrar to find the rei[uirtil dci'd, -Msn int. 
 
 without also giving the number of the registration 
 
 (i). It was contended in that ease, on the part of 
 
 the Ju'jj;istrar, tluit a setirch in ti Ilegistry Ot'tliu^ 
 
 unist he presumed to be ti seareh for title, jind Ihat 
 
 the origimil eould only be seen as incidental to such 
 
 seareh. Thiit, therefore, it was necessary to 
 
 make a setirch under sub-section '2 (Oitc, for which 
 
 a charge of twenty-live cents could be made, and 
 
 for exhibiting the origimil an additional fee of ten 
 
 cents could be clnirged. it was also ct)ntended 
 
 that the liegistrar was com[)elled to search the 
 
 Abstract Index, as the plaintifV did not give him 
 
 the number of the instrunu'iit. 
 
 It has been doubted whether the words " original l^ a jiian 
 registered instrument" include a registered maplnunt? 
 or plan (2). 
 
 It is submitted that, for the purposes of this 
 sub-section, as well as for other purposes, a regis- 
 tered map or plan is an " original registered 
 
 (1) Ross V. McLay, 2fi U. C. P., 11)0. 
 
 (2) Liiulsey v. Coipoiatiou of Toronto, 2.5 U. C. P., 335. 
 
T 
 
 . ti 
 
 Sf!i! 
 
 })H() 
 
 VV.KH (II HKcasillAIIH, 
 
 [^CHAI'. Ill 
 
 instniiiu'iit." Altlioiii^h tm siHM'ilic allnsioii to iiiii[i> 
 or iiliiiis is imikIc in sfctinn two of tliis Act in 
 inti rjiri'tinf,' tlif nuMniii;,' nf tlic word "instni- 
 ni( lit," y«.t they nw nndoiihtidly included in such 
 dttinitioii liy tlic concluding,' words of tiic lirst sub- 
 section of tliiit section, niiniily "every otlitr 
 iiistrunieiit wiierelty liinds or real < stiitc nniy Ke 
 truii.sfi'rred, (lis|)OSed of, cliiir;^' d. eiieliniliered, or 
 llirint. red jitV( otrd, /■;/ a m/ iiisf,\n Ijiw or in l'!(|uitv, atTcctiu" 
 f.rts liiiid in Ontiirio. I lie ri i^i.-lnitio.i ol a niaii ur 
 
 lamU. pijj,, shewing' stret ts, S([uan s, etc., aninunts to a 
 transfer of the land covi n d by such streets, 
 s(juari s, etc., to the imblic by way of dedication 
 il). 'J'lu' re^'istiatlon of a nia[) or plan alsoatt\cts 
 the land contained tin rein, inasiniudi as instru- 
 ments allectin^ su(di land, or any [lart thereof, 
 executed after such rej^istration cannot be rej^'is- 
 tt rt d unless tliey conform thereto. Should a nia[) 
 or plan be not coiisidirnl to Ix an in>triinieut, the 
 Hi'^istrar cannot le^'ally charj^e for either search- 
 KcKistrnr in<^ for, or exhibitins.', it. Assuming,' the map or 
 diarL'l'iis 1'''^" ^" ''^ '^'^ orij^inal rep;istered instrument, the 
 per Miirch Ket^iHtrar is restricted to charf^'iiiL; the fee of ten 
 lot ou cents for exhibiting it, including tlie search for it, 
 liiiin. without regard to the number of lots contained in, 
 or dehneated upon, such map or plan. The plans 
 filed in the Registry OtHice for the City of Toronto 
 were exhibited to two assessors of tiie citv assess- 
 ment department, who made use of the plans in 
 order to ^check, for assessment purposes, the 
 dimensions of the various lots thereon or therein. 
 The Registrar contended that he was entitled to a 
 separate fee for a search on each lot shewn on tho 
 plan, and having brought an action therefor against 
 the City of Toronto, it was held, and on appeal, 
 
 (1) See notes to section 84 ante. 
 

 iKKTIKH'ATi-;-" OK |il-i( llAKiiK, Klf 
 
 U81 
 
 nffirinotl,(Strimj,'.].tlissi'iitin;j;.) tliat tli • liinmiii^'nof 
 tliis sult-si'ction w.is plain, iiiid tliiit tli<' lU'^^istrar 
 was not i'iititU'(l to fliai'^jf us for a ss'an'li on caeh 
 lot as shewn on su(;li plans, and could not rcci'ivo 
 ni(»iT than t«.n criits for t'xliiltitin;^ such plan as 
 that chart,'!' had not hiuii ohjcctcd to h}' tlu' 
 defendants (1 >. 
 
 Ill ) l'\ir rc^'istt'iiiiK <'in'li ''I'ltiUciil'' nl' |iik\iii'iit of iiiDrtKiiKo C'Tlili- 
 iiinnfy. iiml 1 vri\ I t II r ci'itili'iiti', ('xi'''|)l'm),' ci'itili ilrs pi'dviili'il cHtc.-i df 
 fui' ill till' iii'Xt >iii'i'i'i'iliii;^' siili'Hi'clioii, iii('lu<liii(j nil I'liUii's iiiul lUncliurgc. 
 
 CiTtititutcn tllt-'lfiif, liflV (••■Ills ; 
 
 The lanj^Mia^'c of this siih-scction is clear and 
 disti^'^t. inasnuich as the only exception to tlic 
 j^en*. il fee for registration of certificates of what- 
 iver nature or ciiaracti'r is contained in the next 
 sub-section. 
 
 (Ti.) I'or iif,'i.-ttfiiii^,' ciicli I'cililiciid,' of iniyiiicut of luxes, < 'f 1"'>' 
 
 twt'iity-tivf coiits ; 
 
 llU'Ut of 
 tllXfr*. 
 
 See remarks upon section two of this Act, at 
 pa^fs 1 j-l") (iiitr A form of certilicate is contain- 
 ed in Apfi.ndix A. 
 
 (l.'l.) Ill uli--tiacts mill ei'vtitk'iitcs wlicre fi^'iircs hm' usi'il in- |.'i,riii',,g 
 sti'iid of woiils to denote il.ites, inmiliers niul i|mintities, tlie liow 
 Millie sliiill lie fliiirtjeil as if oiich iimiilier, thoiiyii coiiii>oseil of cliiir^rc I. 
 ievenil ti,'iires, was liiit one woi-tl. 1(1 \'ic., c. liO, s. 71*, (10 15,) 
 
 The word " number" in the third lino of this ^•'""''.'W 
 sub-section is nsed in tlie sens' of "an a;:;j,'re<,'at(' 
 or asseniblaj,'L' of units," and not simply as a dij^it 
 For example, in conntiii'; folios. THO will rank only 
 as one word, notwithstandin.^f that they represent 
 four words if written out in full. Where there are 
 
 •.1 
 
 iiniii- 
 
 ber. 
 
 several "number! 
 
 eacli 
 
 number 
 
 IS 
 
 to 1 
 
 )e 
 
 cliarged for as one word : e, g. the words " January 
 10th, 1880," would l)e charged as three words. 
 
 For statement of fees for registering documents 
 under other Statutes see Appendix C. 
 
 (1) Lindsey v. Corporation of Toronto sujtra. 
 
1 
 
 L!w:l? 
 
 III! 
 
 h'- 
 
 m 
 
 11 
 
 H82 
 
 Table ofj 
 fees. 
 
 For iiR(> of 
 tlie public. 
 
 FEES OF RE(}1STRARS. 
 
 rCHAP. XII. 
 L!!|y3,94,9,-). 
 
 Registrnr 
 to fiivo 
 .Htate- 
 nu'iits of 
 fees ]>ay- 
 able III any 
 matter. 
 
 Neplect to 
 givo statf- 
 ment. 
 
 Eeijiicst 
 should be 
 in wi-itiuL'. 
 
 Rficovi'ry 
 of fei'S 
 from 
 
 mHiiicipnl 
 corpora- 
 tions. 
 
 03. Each Re^'istrar shall keep posted u)) in some conspicuous 
 ])lace in his ufiicf a printed schedule of the fees, and charged 
 authorized under this Act. iU Vic, c. 20, s. 70 (10-15.) 
 
 A similar provision exists in " The Division 
 Courts Act" (1) l)y which Clerks of Division 
 Courts are required to keep posted up in their 
 ollices a tahle of the fees to wliich tlicy are entitled 
 under that Act. The general public are tliiis en- 
 abled to ascertain, with some degree of accuracy, 
 the amount of fees which they may be called upon 
 to pay. 
 
 94. Every Registrisr shall, upon re(jue.st of the person for 
 whom the service is iierformed, furnish a statement in detail of 
 the fees chargi'd by him in respect of any matter fiU' which fei-.^; 
 are payable under the provisions of this Act. .'^H Vic, cap. 17, 
 s. 7. 
 
 This section was introduced by the Act 88 Vic, 
 cap. 17, sec. 7, and was designed to afford addi- 
 tional protection to those persons requiring the 
 services of the Registrar. Should a llegistrar 
 neglect or refuse to furnish to the applicant a 
 stiitfuient in detail undur this section of the fees 
 charged by him against such up[)iicant, the latter 
 nuiy briug an action against the liegistrar for such 
 neglect and refusal, claiming a mandanuis, and 
 the liegistrar will not be entitled to notice of action 
 as sucii neglect and refusal an; acts of omission (2). 
 
 It is not essential to the right of the applicant 
 that his request should be in writing, a verl)al 
 api)licution being sullieient. For the purpose of 
 preserving evidence of such r(.'(]Uest, however, it is 
 more prudent that it should be in writing, and a 
 form thereof is contained in Appendi.x^ " A." 
 
 115. Should the Treasurer of any (bounty or City in which a 
 separate Rc^is^try Olfico is establislud, ou the reuuest of the 
 liegistrar for tht! duties performed according to this Act, refuse 
 to ]iay the foes and allowances for any services leiiuired by till* 
 
 (1) Rev. Stat. (Out.) cap. 17, sec. 48. 
 
 (•2) Ross V. McLay, 40 U. (J. R., 8J ; see page i'lante. 
 
< HAP. XII. 
 
 596. J 
 
 HKC'OYKRY OF KKKS FROM CORPOUATIOXS. 
 
 883 
 
 ring the 
 
 Act, siR'li R(^nistrnr ni;iy jirdve and rocovfr llic snine tuiil tho 
 fciHts tlirreof from the ("orporfitioii <if tlie (.'oiiiity or City in any 
 Court of Ufcunl in Ontario ; and the Inspector's certiticatt' of tho 
 amount ami cif the services rendered sliall he prima fdcie evi- 
 deu('<! of tiie ri^ht to rueover. 31 V., c. 20, s. 72. 
 
 Sectioiib twentv-eight, thirty-one and thirty-two Object of 
 
 ,' , . ■ . SUI)-SPC- 
 
 untv, r€'quire the lifgistrar to perform certain tion. 
 duties therein set forth, which services are, hy tlie 
 terms of section ninety-two, sub-section seven 
 (intc, to be paid for by the Treasurer of th(; proper 
 County or City. In the event of ne<:;lect or refusal 
 by sucii Treasurer to pay the proper fees and allow- 
 ances, this section enables the Registrar to enforce 
 such payment, by giving him a right of action 
 therefor, against the Corporation of such County 
 or City. It also facilitates the recovery of such fees 
 and allowances and costi of suit, by declaring that 
 the certificate of the Inspector, certifying to the 
 amount of the fees, which he claims to be entitled 
 to, and to tho chavaetor of the services rendered 
 by iiim, .^hall be prima f'lcir evidiuce of his right 
 to recover. 
 
 It lias been held that the authority conferred by Effect of 
 this section upon the Inspector to certify as to the,,"^^'^[!^;,.^£. 
 amount due to, and of the nature of the services '''^'•t'- 
 rendered b^' the Registrar niakes the general aver- 
 ment in tho declaration of services rendered 
 suftieient il). "He is, as it were, the ta.King 
 officer, on whom is cast the duty of fixing the 
 amount, and scrutinizing the items " (2). 
 
 Wliere the witness proved that he wi'ut with Proof of 
 an order from the plaintitl to the Treasurer of the ln'uire- 
 defcndants, and spoke to a person he supposed f"^"'- 
 was the Treasurer, who n iVrrid him to the War- 
 den, who referred him to their legal advisers, b}' 
 
 (1) (^amphell v C'or]ioration of Voik and I'e(>l, 2(1 T. 0. 1'.., (iH"). 
 (21 11). per llaKUity J. at page Oil. 
 

 "1 
 
 WW 
 
 Pi' 
 
 \ 
 
 if 
 
 1 
 
 M 
 1 
 
 1 1 
 
 
 
 l'fl| 
 
 •f-,'-'^' ■ 
 
 ■ '^ 'i 
 
 ir 
 
 ;l 
 
 
 
 
 881 
 
 FKES OK RKCISTHAHS. 
 
 [("A!-. Ml. 
 
 should b( 
 iu w jitiiii 
 
 Fees ]tay- 
 abk' 1)('- 
 
 tnitiou. 
 
 Rt'gfstl'Hl' 
 
 mav \viuv( 
 
 munt of 
 fees. 
 
 Has no 
 lieu for 
 fees. 
 
 one of wlioin he was told tliat cue of the defcud- 
 ants did not intend to pay the account at all. it 
 •was held that a demand of i)aynient on the 
 Treasurer of the defendants, and a refusal by him, 
 M'ere suftieiently proved (1). In this case it was 
 also held, that the Inspector's certificate, thou,!.;h 
 given after the defendants had separated, was 
 sulhcient, it not beinj,' a condition precedent to 
 the plaintiff's ri;4ht of action on such refusal. It 
 was also held, to be no objection to the ijlaintifT's 
 right to recover that a i)ortion of the work had 
 been performed by his predecessor. 
 
 YVlthough the request to the Treasurer is not 
 required to be in writing, it is more prudent that 
 it should be so, in order to preserve evidence 
 thereof. A form of such request is given in Ap- 
 pendix A. 
 
 '.Hi. The Rcj^'istiar hIimII not lie ciiinpclled to rt'f.'ister any in- 
 ^tiuiiiciit luilos the fees iiiithoiized liv tilis Act aie tiist ]iiiiii 
 
 tiKMcon. ;n \'., c. -io, s. 7;{. 
 
 This si'ction was framed for the protection of 
 the Registrar, inasnnich as it ensures the due i)ay- 
 ment of his lawful h'es. Hi; is at liberty, of course, 
 to waive the advantage which this section was do- 
 signed to confer upon him, and may, if so disposed, 
 register any instrument presented to bin) for regis- 
 tration, without requiring pre-payment of his fees. 
 Should he do so he will not have any lien for such 
 registration fees upon a duplicate original of such 
 instrument, or any other document which the party 
 registering is entitled to have returned to him, 
 nor can the Kegistnir refuse to deliver up the 
 sanie. Jf the Kegistrar accepts an instrument 
 presented to him for registration, and undertakes 
 to register the same without the fees therefor be- 
 (1) S., c. 27 U. C. 1{., 138. 
 
I'M. J 
 
 IMiKI'AV.MKM IIKQIIHKI). 
 
 885 
 
 ing prepaid, it being agreed, or under ^t.o■.l|. tta-tS 
 siicli foes bIuiU bo chargi>d against the jmilr T-.-^L.i- 
 tering the instrument, he cannot afterwards x-iatie 
 to register the same, or to return the daj.»J>jirie 
 original to such party on the ground of safli mm- 
 l)avTnent of fees. Should he decline to delix-tir mm Compelled 
 
 . , ti) deliver 
 
 sucli duplicate original or other document, lagirranp in.stru- 
 the ground that the registration fees thert^oD liave'^^^'' '-^'^• 
 not been paid, he may becoiu2)elled to do Botlurona^&i 
 a mandamus (1). In an action brought a^unmit 
 the defendants, as solicitors, for neglect to r^ira*itt*ir 
 a certain mortgage on bidialf of the I'laintift.. aft.^'t''^;'^^ 
 defendants ]>leaded that the Registrar ua» bx inijjr WUH.m 
 entitled to certain fees before registering aiQ mm- "'** ' 
 strument, as the plaintiff well knew, and thai ihr 
 plaintiff never furnislied the defendant^; with umijr- 
 inoney to pay the same, " and so the defeudaianif 
 say that the said mortgage was not register^id h<r 
 the Jiegistrar, or l)y tlie defendants, for the delamiltt 
 of the plaintiff' in not providing the defi-ndant* 'or 
 said Registrar with any money to pay to thf- saiii 
 Registrar the fees allowed to him by hiw f >r r^jd-*- 
 tering the said mortgage." This plea wafe deiDnnr- 
 red to as substantially no defence to the actioBU, 
 and as not averring any notice or request i<j ttSuK- 
 ]ilaiiitift"s to provide money for the fees, or thM 
 defendants would r.ot register the m irtgage liil 
 payment to them of the Ibgistrar'e fees. It -wMi 
 liL'ld by McLean, C. J., that the second jilea -rr.a* 
 bad, for a retainer lieing admitted, the jilaijjt'-Si 
 omission to furnish money formed no es.cia*.*'.. 
 without notice to him that it was required. wLieilu 
 defendants should have averred ; but per HagaJtj.. 
 •T., that the plea having averred that the ucau- 
 
 registration was caused by the plaintiffs' negltitH 
 (1) Doutre v. Gaguou, 13 L. C J., 3U3. 
 
1 
 
 iW •■! 
 
 1 
 
 1' jl 
 
 f 
 
 ; ■ ■ ' 
 
 886 
 
 KKES OK REUI8TRARS. 
 
 CKAl'. XU, 
 L il!»7. 
 
 Return. 
 
 to fuinish fees whicli he knew were necessary, 
 could not therefor be hehl bad. As Ikirns, J. was 
 absent, and the Court was thus equally divided, 
 no judgment was given on the demurrer (1). 
 
 RoRistrnrs !)7. Every lloKistrar slmll koep a Hpp.irate book in which he 
 to keep shall enter, from day to clay, all fees and eniolmnents received 
 accounts by him by virtue of his oIKce, shewing,' separately the sums ro- 
 of fees. ceived foi' re<,'isterin;,' each instrument, and for searches, and for 
 extrnets or copies, and shall make, i\\< to ami inuliulini,' the 
 thirty-first day of December of the i)revii)iis yeai'. a return, 
 un<ler oath, of sucdi fees and emolunu'nts so received to the 
 Lieutenant-CioveriKU', annually on the tifleentli dav of Januarv. 
 :U v., c. 2(1, s. 71. 
 
 This duty was originally imposed upon Pa'gis- 
 trars by the Act IG Vic, cap. 187 {'Ih which 
 required him to keep accounts of foes and emohi- 
 ments received by him by virtue of his otiice, and 
 to make an annual return of such fees and emolu- 
 ments in detail to the Legislature. By the Regis- 
 try Act of 18()o (3) the return was to be made to 
 the Governor-General on the fifteenth day of Jan- 
 uary in each year, and was to be under oath. The 
 Lieutant-Governor was substituted for the Govtr- 
 nor-General by the Registry Act of 18(1H (4). l^y 
 the Act 48 Vic, c 3, s. "2, which came into force 
 on and after the first day of Januar}*, 1881, the 
 Registrar will have to include in his return [in 
 the aggregate amount of the fees and eniolument> 
 earned by him during the precoeding year, by vir- 
 tue of his ottice (/>), the aggregate amount of all 
 fees and emoluments actually received by hiui 
 during the preceeding year (c), the actual amount 
 of the disbursements during the same period in 
 connection with his office. 
 
 (1) Lynch et al v. Wilson et al, 22 V. C. 
 cases cited on p. 203 antf, notes (4) and ((!). 
 
 (2) Sec. 9. 
 
 (3) Sec. 72. 
 
 (4) Sec. 74. 
 
 R., 221). See h1s<: 
 
OHAP 
 
 105. J 
 
 APPLICATION OF SHRPLTIS FEES. 
 
 387 
 
 98. Each ReRistrar shall bo entitled to n-tain to Inn own nso Hpfiis- 
 in each year all the fees and onioliMnent.s reci'ived l>y him in that trar'i* 
 year up to two thousand five hundred didlar.s. :{5 V., c. '27, s. 1. emolu- 
 ment 
 
 99. Of the further fe<- • and emoluments received l)y each wiien fees 
 ReRistrar in each year, ' \cess of two thousand five hundred do not ex- 
 dollars, not esceedinR thi Jiousand dollars, he sliall lie entitled ceed 
 
 to his own use ninety per cent, and no more. '^'> V., c. 27, s. 'J. S'2,o()(). 
 
 When feoB 
 
 100. Of the further fees and omolnmnnts receivc^d hy each i^e he- 
 KcRistrar in each year, in excess of three thousand dollars, not *^^''-'''J' 
 exceeding three thousand five hundred dollars, he shall be ^-e"'""iiiu[ 
 entitled to retain to his t)wn use eightv per cent, and no more. ^ '>"•'"• 
 
 :!") Vic, c. '27, s. 3. " When fees 
 
 are he- 
 
 101. Of the further fees and emoluments received l>y each tween 
 ReRistrar in each year, in excess of three thousand live huntlrud ^-^.'JOH and 
 dollars, he shall he entitled to retain to his uwu use seventy per ^•'>->'*0. 
 
 cent, and no more. 'M) V., c. '27, s. t. 
 
 When fees 
 
 are he- 
 
 10'2. Of the further foes and emoluments received by each tween 
 ReRistrar in each year, in excess of four thousand dollars, not ^•'t'*'"*"'i^ 
 exceediuR four thousand five hundred dollars, he shall be entitlcil 1^ M'""- 
 to retain to his own use sixty per cent, and no more. 3;j V,, ^^ '"'" fees 
 c. 27, s. 5. !"•" I't'- 
 
 tween 
 
 10:5. Of the further fees and emoluments received by each **.'_""' a'"' 
 lieRistrar in each year in excess of four thousand live hundred ^ '''''^"'" 
 didlars, he shall be entitled to retain to his own use fifty per ^^'J""" ff'<'« 
 cent, and no more, iio Vic, c 27, s. 6. exceed 
 
 SI, .000. 
 
 104. On the fifteenth day of .January in each year each ReRis- 
 trar shall transmit to tiie Ti'easurer of the County or City for ■^PP''^'*' 
 which, or for a RidiuR of which, he is Ri.-Ristrar, a duplicate *'"'^ "^ 
 (if the return re(iuire(l by this Act, and shall also pay to such f*tii'phi=» 
 Treasurer for the use of the Munici[iality such imtportion of fees, 
 the fees and emoluments ri'ceived by him duriiiR the jireceediiiR 
 year, as under this Act he is not entitled to retiun U> his own 
 use. 
 
 2. Where the County or RidinR includes a City or Town 
 
 seiiarated from the County for municipal purjioses the amount 
 
 afurcsuid .shall be ))aid to the Treasurer of the County and to the 
 
 Trtasin'er of the City or Town for the uses of tiie Municipality, in 
 
 the same proportions in which the Rross fees and eninlunieiits are 
 
 ilerived from extracts, s( arciies, ii'Ristrations, and other charRes 
 
 ill lespt ct of lands situate in the County, and in respect of lands 
 
 situate in the City or Town. 'My ^',, c. 2I , s. 7. 
 
 lees uii- 
 
 10"). In the fees and emohunents mentioned in the seven . '' '^'^'J^S^' 
 next preceedinR sections cjf this Act, shall not be included any ^' "'" ''.' 
 annis recoverable from thi^ Municipality for tiie preparation ,,f' 'h''i)"tm- 
 Abstract Ind( xes, or fen- work done' undiT the tweiith eiRhth, *' "'"'-'J '" 
 tUirlv-tirbt or thirty second .sections of this Act. 3.') V., c. 27, ;*. H. tV»>ve pro- 
 ' _ . visions. 
 
 Pul)lic attention having been attracted to the i„,.r,>,ise 
 fact that in many Hegistry Oftices, the number o{<-}f^c0»<&e- 
 
Im.hIu 1 
 
 •!:''-' 
 
 
 t ■■ " ■ 
 
 888 
 
 FERS OF KK(iISTHARS. 
 
 fCHAIV XII. 
 L SlOG 
 
 registrations, extracts, searches, etc., had increased 
 to such an extent that the income and eniohinionts 
 derived therefrom hy the Registrars hecame exces- 
 sive, in proportion to the nature of the duties 
 appertaining to their olUccs, it was deemed neces- 
 sary to amend the llegistry Act in respect to the 
 fees of office to be retained by the Piegistrar, by 
 ajipropriating certain proportions of the fees 
 received by him, over and al)ove certain amounts, 
 to the use and benefit of the County or City, as 
 the case might l)e, for which, or for a Riding, of 
 
 35 Vic. 27. wliicli he is Registrar. The Act 3;") Vic, c. 27, 
 was accordingly passed, and the possessions of 
 that statute are incorporated in sections OH-K),") 
 supra. By this cliange, while the Registrar is 
 allowed to retain a sutHcient i)ro]iortion of fees 
 and emoluments for his private benefit, the County 
 or City is entitled to share in, and reap a propor- 
 tionate ])enefit from, the advantages which an in- 
 crease in transfer of real estate usually confers. 
 
 Fees to be The Registrar is reipiired, annually, on the lath 
 
 pai( "^'■i,].,y Qf January, to pay over to the Treasurer of 
 the County or City, for its use and benefit, the 
 surplus of fees to which it is entitled under these 
 sections, together with a duplicate of the return 
 
 TiliiMe to referred to in section ninety-seven </»fr. An action 
 having been brought by the plaintiff to recover 
 from the defendant, who was Registrar of the 
 County of Hastings, the surplus fees mentioned in 
 the above sections, the defendant demurred to the 
 declaration, on the ground that the above sections 
 were ultra vires of the Local Legislature, as it 
 imposed an indirect tax, and not a tax for raising 
 a revenue for provincial purposes. It was held, 
 afflrming the judgment of Armour J., that if a tax 
 at all, it was clearly a direct tax, and within 
 
 action 
 tlieiffor. 
 
rriAP. xu. 
 jlOd. 
 
 j APPLICATION OK SURPLUS FEES. 
 
 8H!* 
 
 the le^^islativc jurisdiction of the Province. And 
 further, that having received the money in ques- 
 tion, under this Act, the defendant could not deny 
 that ho received it for tlio purposee therein 
 indicated (1). 
 
 (1) Tho County of Hustings v. Pouton, 5 App. R., ;-l3. 
 

 m 
 
 890 
 
 INSPECTOR OF REGISTRY OFFICES. 
 
 rcHAP. J[|li. 
 
 CTIAPTEll XIII. 
 
 Appnint- 
 
 lllCllt of 
 
 Inspector, 
 and his 
 <lutios. 
 
 Imjiort- 
 anco of 
 jip))oiiit- 
 ment. 
 
 Satisfac- 
 tory result 
 of system 
 of inspec- 
 tion. 
 
 INSPKCTOU OI' IIKCIISTRV Ol-TICES. 
 
 JiKK). Appiiiiitinciit of Iiis]icctor, mid his iliitu's. 
 
 (1|. Iiisptctioii of IJiiildiii^'. 
 
 (2). 15o<iks, ftc. 
 
 (3). Oflicc liouis. 
 
 (■Ij. Si'iilsof Ullice. 
 
 (">|. New IllilcXi'H. 
 
 ((!). I'liiiis. 
 
 (7). licpoi tiller vnofuicii"'. 
 
 (H). Instnictiuii of Rci^'istrur in his duties. 
 
 (U). Sufliciciicy or iusullicii'iicy of sureties. 
 (Klj. l{epoiiiiii,' to Lieuteuiuit-CJoveruor. 
 Jil07. Pay uf Ins))uctor. 
 iilOiS. Act not to bo used to construe otlier Statutes. 
 
 lOCi. Tlie I.ieut(imnt-(rovernor may, from time to time, ap- 
 jioint an In;-])(ctur of Registry Ollices, wliose duty shall be, 
 
 The importance of an enactment, such as this 
 statute, which so intimately and seriously affects 
 pubHc and private interests, being administered 
 in an efficient, uniform and satisfactory mannta' 
 cannot be too highly overrated. The want of 
 some ade(|uate supervision in the administration 
 of the Registry laws was long felt and acknow- 
 ledged, but no decisive step in tliis direction was 
 adopted, until provision was made by the Registry 
 Act of 18G5 (1), for the appointment of an officer, 
 whose duty it would be to personally superintend 
 the working of the Act, and to direct and instruct, 
 if necessary. Registrars in the proper discharge of 
 their duties. 
 
 The efficient and satisfactory working of the 
 Registry Act since the introduction of this system 
 of supervision is the best testimony of its practical 
 
 (1) Sec. 82. 
 
rcHAP. XIII. 
 
 ea. 
 
 to time, ap- 
 iiill Iju, 
 
 'b as this 
 sly 11 fleets 
 iiinistered 
 manner 
 ^Yant of 
 istration 
 acknow- 
 ,ion was 
 Registry 
 tin officer, 
 erintend 
 instruct, 
 charge of 
 
 ig of the 
 is system 
 practical 
 
 51 
 
 )riAP. xiii. ; 
 
 TO IN.SPKCT KUILDINd, KTC. 
 
 BOl 
 
 utility. Previous to its adoption friujuently the 
 only nictiiod of ohtaiiiing the solution of a tlifl'er- 
 once between tlie Ucgistrar and the puhlic. as to 
 a }K)int of practice or dftail, was through the 
 medium of tlu' Law Courts. 
 
 Although the duties of thi' Inspector arc cnum-'Hlu'i 
 erated below, there are otlier obligations iuiposed insiu'ctui. 
 upon him. which arc referred to in verious parts 
 of the Act. 
 
 |1) Til luakc a ixTsoiinl insjicctitni of (lie Imildinjr in wliicli Tnsiioctiou 
 t'ftdi oITk'c is kc|it. ami of lln' lioolis, dccils, uiciiiovials mid otlici"' I'Uiid- 
 in^lniiiiL'iits ill cacli Ki'^i^try 'Jlti<;t' ; i'lf^'- 
 
 i)y section live (tiifc, the Ijuihliug in whicdi a 
 liigjutry Olbco is to he kept, is recpiiri'd to lu' 
 erected uj)on ])]ans approved of hy the Livutenant- 
 (iovi'rnor in Councih The ohject of rc(piiring the 
 Inspector to personally ins})ect the huilding is not 
 only to ascertain that it is in accordance witii the 
 approvi'd jjlan, but also tliat it is kept in a lit and 
 proper state. A personal inspection of the l)ooks 
 and registered instruuients will enahle the Inspec- 
 tor to see that they conform to the requirements 
 of the Act, and are properly framed and taken 
 care of. 
 
 |2) To sec that tlu; jn-opcr liooks ;iii' |n'o\idi'd, tlint tlicv are jjooks.etc. 
 ill good order and eoiidition, that the jirijpcr fiitrics uud rc^^'is- 
 tratious are niaile therein in a projier manner and in a due and 
 (iro)icr form and order, that the Indexes are jiroperly kejit, and 
 th.'it all the memorials and other iiistriinu'iits are duely endorsed 
 and certitied and preserved 
 
 The " proper books,"" here alluded to, refer not 
 only to those mentioned in this Act, hut also to all 
 other books which the Registrar is required to 
 supplv himself with, under various other statutes 
 
 (3) To ascertain that the office is kejit duly open at and for oj^j 
 the proper timen, and that it is at all tim'3s duly attended to hy )j^, 
 the llegistrar or his deputy ; 
 
 (1) See Appendix B. ; also page fiO ante. 
 
 fi 
 
 "lii 
 
392 
 
 Atti'iid- 
 Jincf linr- 
 iiiK ofTifP 
 liiiiirH. 
 
 INSPKCTOU (•!•■ UKfilSrilY OhriCKS. 
 
 'CHAP. xir. 
 
 [ Ml HI. 
 
 Sfnlfi of 
 (iftico. 
 
 tiar's 
 muKt pro- 
 Tide tlicm- 
 st'lvcs 
 witli stals. 
 
 Now In- 
 
 Tile hours of uttciidaiu'r by the llc^'istrar, oi* his 
 I'cpiily, at the lU'i^'istry Ol'tictj are rci^Milatt'il hy see. 
 tioM twt'iity-two (tntr, and this siih-scctioii ivMjiiiiv .s 
 tht! Inspector to see that these hoiii's ;iit I'uithl'iilly 
 adhered to. Tlie lU'<^istrar or his l,)c[)iity h;is no 
 right to close the ortie(\ or to h uvi' it luiatteiided 
 to, during any portion of the reguhir ol'tice hours ; 
 on tiu' contrary, tliey are exi>ressly required to at- 
 tend there (hiring such hours. A hreacii of this 
 duty will render him liahle to an action on the 
 part of any p( rson wlio may sustain loss or damage 
 thereby. 
 
 (I ) To settle oil .soii.c tiiiifoiiu device for tlie ollieiiii seal.-i, 
 and to see tliiit tlie Ilegistrars supply tlieniselves tlierewitli : 
 
 By section twenty-four tintc, each liegistrar is 
 obliged to have a seal of oftice of a device approved 
 of by the Inspector. The duty of settling on somo 
 uniform divice for such sejils is here required of 
 the Inspector, who must, in addition, see that each 
 liegit-trar supplies himself therewith. As no pro- 
 vision is made to meet the cost of providing the 
 liegistrars with olHcial seals, each liegistrar must 
 supply himself at his own expense. 
 
 ('),) To ins])e('t idl new Abstract and Alphabotical IiulexoH and 
 to settli! and certify the sums, if any, chargeable tlierefor ; 
 
 Whenever a Eegistrar requires a new Registry 
 Book, or any other I3ook for the use of his ollice, 
 the City or County Treasurer, as the case may be, 
 is required by section twenty-live ante, to furnislj 
 the same to the Registrar on the latter applying 
 in writing to him therefor. The sums chargeable 
 for such indexes, etc., are to be settled and certified 
 to by the Inspector. That portion of the sub- 
 section which requires the Inspector to inspect the 
 new Abstract and Alphabetical Indexes appears to 
 
 
■> 
 
 I II \r. \iH 
 
 , 100. .1 
 
 NlDlt 1\(. Kll.IN(i (II IT.ANS, KT. 
 
 HU9 
 
 \)c nil iiiiiioocssaiy ropctition, as that duty is 
 I'Icaily iiicliidrd in those; iiiiposfd l)y sub-scftioii 
 
 Olli' lUltC. 
 
 (<i I 'I'd iisi'iTtiiiii wlii'tlii r till' iircp'i' i>lii)is iciiuiicil liy this I'lmi^. 
 Ai't Imvc liccii lilcil ill tliii Kcvi'vul Ki'^'istry Ottici's, iiiul wIktc 
 iifccs^iiry, ti) enforce tins jinivi-ioim i)f tlic law in tliat rcspi'i^t, 
 mill lie any instinct tlic Cninily C'iDwn Attorney to take tlie 
 lifcessiiiy pro (Iiiii,'s for Unit |iilipo.se; 
 
 I'lidrr sec'tioiiH ei}.;hty-t\V(i and i'i<,dity-liv() (n//r, KnfoiciiiK 
 vcl'iisiil hy a person rt'iiuifi'd thereby to iv^^'ister ','j,.|'' 
 tile |)liins or maps referred to tlicrein, suhjocts "ni'if^ "f _ 
 him to a penaUy of twenty (h)lhirs for each cal- ',„,,'.' 
 emhir month, (hiring' whieii such jihins or m!i[)s 
 renin in nnr('ji;istered. recoveriilie in the nninner 
 (herein se't forth. Sec-tions oi^dity-threo and eij.,dity- 
 loiir II lite also provides for the rej^istration of majis 
 and plans, and anieiidmeiitsand alterations th»n-eof. 
 As the intiiction of a penalty will not tt'iid to lesson 
 the inconvenieiiee and loss whieh other parties 
 interested ini;j;ht stilTer. thr("!"ii ^-vAi refusal to 
 re^nster the plans or maps, noi- to fulfil the policy 
 of the Act in respect to iilini; niajis or ])lans, the 
 Inspector is hen; reijiiired to see that such plans 
 or niiips are duly registered, and. in case of non- 
 comjiliance hy the party, whose duty it is to reg- 
 ister them, he can compel such registration 
 through legal iiroceedings. The Inspector must 
 also ascertain that the maps and plans required 
 to he hirnished by the Commissioner of Crown 
 Lands under section ninety-(nie iiitfc are duly 
 supplied. 
 
 (7.) To report upon any Viicancji'^ liy death or otlierwise, in l{,-i)(i|tini; 
 the oftice of Itef^'i.strar and DciMity l{e^.'isiiar , vacancios. 
 
 I'pou the death, resignation, removal or for- Si <■ sec- 
 feiture of oftico of the Registrar, the Deputy ileg- ^,',"''/ ' 
 istrar, or senior J)eputy Registrar ik; re(|uired by 
 section seventeen ante to perform the duties of the 
 2§ 
 
1 w 
 
 i ( 
 
 «s»l 
 
 in INSTIU'CT HKOISTHAHS. 
 
 r«HAr. \iii 
 
 JKJ*; 
 
 Insfnic- 
 tiiiii iif 
 
 ill liis 
 ilutii's. 
 
 ftility (if 
 
 tllis pMl- 
 
 visidii. 
 
 Suffi- 
 ciency or 
 insuffi- 
 ciency of 
 sureties. 
 
 See sec- 
 tion 10 
 ante. 
 
 Reporting 
 
 olVicf. until 11 new iipiiniiitmciit is inndi! imdii* 
 section seven diitr. When a viiciincy oceiii'H in the 
 ofticoH of l!( f^istrar oi- Deputy Uej^iHtrar, the In- 
 spector should he inmuiliatily notilied, in order 
 that ho may reiiort that fact to th<' liieiitenant- 
 Goven\or. 
 
 (H I '!"(( infciiia the Riv'i'^tnii' Ih'W mul in wliiit iniiimcr lie 
 sliiill (1(1 any inirticulMr net or iiiiii'inl nr cdircct wlmtcvcr lie iii;iv 
 lliid iiiiiiHs ; iind in ciise hr tiinls the work iiii|ii'o|>itrlv pcrfoninil 
 l)y any l{e;,'istrur lie sliiiil have pciwiT to oilier anew linok nf 
 Hooks to ii(! |)repai('(l and cuiiiplitiil hy the Ki'^'istrar at lii-s own 
 exiielise ; 
 
 One of th(( chief ohjects of the ii>spection of itef^is- 
 try Ol'lices is contained in this suh-section. The re- 
 nuirks at the oponinj^ of this cha[)ter are particu- 
 larly applicahle to the duty herohy ini[)osed on the 
 Inspector. The short time that tho Insi)octor has 
 at his disposal, when oflicially visiting the various 
 ofticos, necessarily prevents a full and conii)lete 
 conference between him and the Registrar upon 
 the many details that arise in carrying this Act 
 into execution. Jiy this sub-section the informa- 
 tion necessary for the instruction of the Registrar 
 can be obtained by correspondence with the In- 
 spector, whose duty it is to accord the necessary 
 information and advice in reply. The latter chiuse 
 of the bub-pection will, no doubt, ensure proper 
 care and utie ition in the use of the Registry 
 Books. 
 
 (9.) To ascertni" the sufticirncy or insufficiency of tlie sure- 
 ties for the Kegistnir, anil whether tliey are living or dead; and 
 
 By section ten aute, the Inspector with the 
 approval of the Lieutenant-Governor, may at any 
 time require the Registrar to execute new recog- 
 nizances, or to furnish other sureties as might be 
 necessary. 
 
 (10.) To report upon all such mattprs, as expeditiously ns 
 
f tlip sure- 
 ilead; ami 
 
 < IfAP XIII. 
 
 lNSI'f:( Ton's SAI.AUV IIKDIiKI) 
 
 S'Ji 
 
 nmv lie, to lli.' F,ic'iitiimiit-(i()v 
 ilt'cisinii, :il v., c. 20, s. Ml. 
 
 crnnr f,ir |,iH iufnitiiut 
 
 inn iiiid tn r.itiit. 
 
 I'i7. .V smu not cxc'fftliiii,' two tl 
 
 wliii'li sliiiU iiicliidi' itll triivill 
 
 lOllMllid (Inlliiis jii'l' Ml 
 
 iiiK Mini (jth>'i' 
 
 Hllowtd to tilt' III, lector iif l(fKi,(iv ()(( 
 
 irrs. 
 
 I N|1I'I|SIS, ^llllil I 
 .'11 V 
 
 I'uy of I 
 1 1 Ml 111, Mju'ctor. 
 
 'oviiiior. 
 
 II- 
 
 <■, 21). -. 
 
 •| 
 
 i 
 
 rt'sciit 
 
 SiiR-f the piiHsiiu;,' of this Act tlie suhirv of 
 
 illowuncc. 
 
 Inspi'ctoi- h.is 1)0011 ivdiic.Ml to tl 
 thousiuul livu huiulrud dollur.s. 
 
 the 
 ij Hum of oiiu 
 
 MW. No ip.irt of this Act h1i 
 
 or utfirt the cniiHtnictioii of 
 v., c. 20, H. H.- 
 
 nml 
 
 iiiiy .stutiitc 1 
 
 '"• '-'O'd lip"" to llhl \,.t i„,t t( 
 
 nrctoforf in for 
 
 '■< . ;il 111' ii,i(.i| tc 
 i'oii-,tnio 
 otliir 
 Stiitutt's. 
 
 mm 
 
 lil 
 
f; W 
 1 
 
 "1 
 
 1 
 
 
 ' 
 
 "i 
 
 "il 
 
 k 
 
 SCH EDULES 
 
 SCHEDULE " a; 
 {Sect toll '.) ) 
 
 I'oK^r or COVKNANT Ol' ItKcISTKAH. 
 
 Know fill IMt'ii liy tlicsi; i)rtse)its, that \\v, A. B., Rcj^'iKtriir of 
 Es([., and (.'. J), of Es(i., and 
 
 Iv F., l-.Aq., do lii'tcliv jointl.y and .sfiVL-nilly 
 
 for our and eacli of our heirs, executors and adniinistrat<irs, cov- 
 enant and jnoniiso, that the said A. B., as lie;,'istrar oi 
 
 shall well, truly and fiiithfully [lerhani the duties 
 and olili),'ations of jiis olliee as such Ke^isti-ar, and tliat neillier 
 lie nor his Deinity shall nej^'ligently or wilfully misconduct him- 
 self iu his said olliee to the danni<,'e of any person or persons 
 whomsoever ; nevertneless, it is lu^rehy declared that no greater 
 sum shall he reco\ered under this covenant aj^'ainst the several 
 parties hereto than the following, that is to say : at,'aiiist the 
 said A. B. in the whole, •?■ Ihi' unionit fixed by Onlrr in 
 
 CoinicU ; at^ainst the said V. D. and 10. F., % respectively 
 
 [the UiuuHHt jixcd 1)1/ Order in Cuiiiicil fur eiicli]. 
 
 In witness thereof we have hereunto set our hands a)id seals 
 this day of A. D. 18 . 
 
 Signed, sealed and delivered in presence of 
 
 31 v., c. 20, Form A, 
 
 SCHEDULE '• D." 
 
 {Section 0,) 
 
 FOBM OF .WFin.^VIT OF ,1USTIFICATI0N. 
 
 County of \ I., A. B., of 
 
 ;- one of tlie sureties in the annexed covenant 
 
 To wit : ) named, make oath and say as follows : 
 
 I am seised and possesseil to my own use of real (or real and 
 
 personal) estate in Ontario of the actual value of ^ ovei' 
 
 and ahove all charges upon, or incunihrances affecting the same. 
 
 2. (Whfre tin- jxirtij has real estate.) The said leal estate con- 
 sists of (describinif the property). 
 
APPKNDIX. 
 
 ii. I am woitli [the amount forwhirh the part]! haa hrrnmc Halle 
 hi) the roviiiant; ddlliivs over ami iiKovc my just debts, 
 
 4. My post otlicc address is as i'oUuws : iinxi-rt iianr of the nost 
 office.) ' 
 
 Sworn before me at ' , in tlie Couiitv of 
 
 tWs day of , A.l). 18 .' 
 
 ai v., e. 20, Form B. 
 
 397 
 
 SCHEDULE "C." 
 
 (Section Ifi.) 
 
 KOUM OF UKdlSTKAU's OATH OK OFFICE. 
 UNTAUIO. 
 
 County 01 ] I (mini' and (Jrarrihf (h'pntn'nt) haviii}.' liron ap- 
 _ - pointed hy tlje Lieut('iiant-(iovenior .o the oflice 
 
 lowit: ) of Ro^'istrar, ill and for the navic of RogUtration 
 Vivision, e~c., 1 do swear tliut I will, well truly andfaitlifiillv per- 
 form and execute all duties reciuired of me, under the laws o"f this 
 1 rovince, pertaining to the said oOice, so lonj,' as I continue 
 therein, and that I have not given, directly or indirectly, nor 
 authon/.ed any person to give, anv monev "gi'atiiitv or reward 
 ■whatsoever for procuring the said ollice for uk;. 
 
 Sworn before us at , tho day of 
 
 A.D, Is . J , 
 
 A. B.,J. P., ) 
 
 D., J, P.. / 
 
 In and for the said County. 
 
 n v., c. 20, Form C. 
 
 SCHEDULE "D." 
 (Scrlion 27.) 
 
 I'ORM OF CI.U IFJCATK HESI'KCTINr, RHOISTKY BOOKS. 
 
 _ This Register contains pages ev.-lusive of indf.K, and 
 
 IS to be used in and for the City (or Town, jieorpoiated ' 'illago 
 or Township) oi , in the Ci.iuity of 
 
 for the enregistration of deeds, diiplieates, ami oliie.- Iiistriments 
 under the provisions of " Thii Jt.gistry Ad.' and is provided in 
 pursuance of the reiiuireiueiits of the .said Act. 
 
 Dated this day (>f , A.iV 18 
 
 A. B., Judge )' the County cl)urt of ' " '„^ 
 
 .\. B., Warden of tin; ' > i i ■ i ' 
 
 31 v'., c. 2(V Form D, 
 
898 
 
 APl'KNDIX. 
 
 SCHEDULE "E," 
 (Section 38.) 
 
 FORM OF AFUDAVIT OF KXECUTION. 
 
 County Of ) I, „f 
 
 To wit. [ the of , in the 
 
 County of , make oath 
 and say : 
 
 1. That I was personally present and did sec the annexed (or 
 Y''*^'") i'l'i'^l duplicate, if any, according to the fact) 
 duly signed, sealed and executed by and 
 
 tlie j)arties thi^reto. 
 
 2. That th(! said (and duplicate, if ■uvj, according 
 to the fact I were executed at tlie of 
 
 3. That I know the said parties (or one or more of them accord- 
 tng to the fact). 
 
 4. That I am a suhseribinr; witness to tlie said 
 (and duplicate, according to the fact). 
 
 01 V„c. 20, Form E. 
 
 SCHEDULE "F.' 
 
 {Section 17.) 
 
 CEIiTIFUATE OF ( (UINTY .lUIKiK IN I.IEf OF AFFIDAVIT OF EXECUTION. 
 
 ONIAUIO. 
 
 County of ) I, 
 
 Judge of the County Court of the County of 
 To wit : I , errtify that, from the jiinof adduced 
 
 hy (name tlie person prodneimj the proof, and .itate the evidence 
 given,) 1 am satisfied 'if the due execution of the within instru- 
 ment {or of the instrument whereof the witliin is a copy, 
 memoiial or duplicate, as Hie cane iitni) he). As witness mv hand 
 at the day oi' A.D. 18 . 
 
 A. B., 
 Judge of the County Court of 
 
 HI v., (;. 20, Form F. 
 3i) v., c. 2o, s. '>, 
 
 i 
 
 SCHEDULE " G. " 
 (Section ;j(i and 59.) 
 
 FORM OF CEUTIFK AlK OF UEHlSTItAT.ON. 
 
 I certify that the within 
 tered in the Registry Oflice for tlie 
 of in Book for the of 
 
 dav of AD. 18 . 
 
 is duly entered and regis- 
 of the County 
 at o'clock of 
 
 Nuniher. 
 
 , Registrar, 
 or Deimty Registrar. 
 
 31. v., c. 20 Fom O* 
 
AI'l'KNDIX. 
 
 SCUKi I'LF. -H.- 
 
 FORM OF MINLTE»or KEGXSTEATIOS. 
 
 day of 
 61 v., c Jill. Jifm H. 
 
 80t» 
 
 Entered and Kegistered this 
 A.D. at o'clock 
 
 i 
 
 SCHEDULE "J; 
 
 {Sectious G7 and G9 ) 
 
 FOUII OF DISCIIAnoK OK MOllTGAor. 
 
 To the Regiwtrar of the County of 
 I , of , do certify that 
 
 .satisfied all money diia on, or to grow due ('U {or hut +iui;+iit»tl 
 the sum of S mentioned in), a certain mortcwje ain>l* by 
 
 of , to vkicii xu'.rniZ-.iire 
 
 bears date the day of A.l' 1* . iuui 
 
 was registered in the Registry OJliee for the County vS 
 on th« day of , A..D. 1*^ , id 
 
 minutes past o'clock, nooii,, ju, Hibec 
 
 for as No. Jc*rr tjy'7(flciin 
 
 tlic (hnj and ddtc of Rrijintnitioii of each annigivnu-ni ■tiirfiiir. ,ryiiL 
 tlif namts uf ihf jjarticK, — or mention that mich luntinui'r iiu not: 
 bfeii uniiiiined, a.< t lie fact may he) and that I am the jitir-n-.a «a.- 
 titled by la.v to receive; the money, and that k;ucL monx;uB+.. inr 
 .such sunx of money as afortisaid, o ■ such j)art of tiie iitiib+ atf l» 
 ii<'-"in particularly described, that is to sny : i is 
 
 tl 'ofore discharged. 
 
 \\ itness my hand this day of Al'> D* 
 
 Ont iritnvsi. ) Jt. B. 
 
 J a] V. t. .at' ijmii .1. 
 
 » :h; v., c. ax+. *. 
 
 SCHEDl-LE -K.- 
 (Srctioit 71) 
 
 FORM OF CERTIFICATE OF I)IS( H.MtGE OF MuRTOAGE 131 HSXSSTa .. BTC. 
 
 To the Registrar of the County (Riding or City, lu -'if :,ue 
 may be) of 
 
 I, A. B., of Sheriff of the County of 
 
 or Bailiff of the {iiiimher) Division Court of the Couutr Mtr'fAtY, 
 as thf case may be) of do certify that l>y rjyjiM- ,if » 
 
 writ of execution wherein C. D. is plaintiff and L F. dtdunuiat. 
 
rmnmst 
 
 m ! 
 
 Ill)'' ' 
 
 !Hil 
 
 i(»0 
 
 APPENDIX, 
 
 isHUod out of Her Miijost.y'H C'oiirt of (^)ii('(ii's I?oncL (or a.t tin' 
 (•(laii may be) and to iiio (lifuctuil, I .seized ii ci'i tiiin mortgago 
 inudo liy uiio ./. 11. of (as detjcribed in said niortyaKi-) l)earing 
 diito tho day of A.D. 18 , and regis- 
 
 tc'iod at of tlie clock in the noon, Liber , 
 
 for No. {ax the case may he) of tho 
 
 day of in tlio same year {ax the care may lie) 
 
 to /','. F. of [as 'lexcribid in the mortyaije) tlio dcfond- 
 
 ant in tlie said writ of exwcution niinicd, and such niortgii^'i' lias 
 not lit'on assigned [or lias lu-en assigned to tiie defendant and 
 such assignniiiit has lieen registered as follows : Here net mil 
 dale and reyintratiuu uj <txsii,nimeiit) and I do furthi r certify that 
 I have levied from the said mortgagor, his exeentors, admiiiig- 
 trators or assigns {as the case may be) the full amount of said 
 morttruge, {or $ parcel of said mortgage) and that such 
 
 age is therefore discharged {i>- that such mortgage is, as 
 tu ■/ parcel of the moneys thereby i)ayable, discharged). 
 
 A itness my band and seal of otHce (uy the seal of the said 
 Court) " this day of A.D. IH . 
 
 Witness ) Signed, 
 
 L.M. j A. IS. 
 
 3H V,,c, 17, s. 2. 
 
 SCHEDIT.E •• L." 
 
 {Section H'J.) 
 Foini oi" siiivKvou's cKinnu ATE of ri an. 
 
 Thi» plan is correct, and is jnejiared under the provisions of 
 the "Kegistry Act." 
 
 Sianatnie of Suivevoi'. 
 
 ;il v.", c. 20, >",))•//! K. 
 
AIM'KNDIX. 
 
 401 
 
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 APPKNDIX. 
 
 
 
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 FORMS. 
 
 APPENDIX A. 
 
 (1) CERTIFICATE OF PAYMKNT OF TAXES. 
 
 (Sec. 2, ss. ], anfe.) 
 
 No 
 
 of 
 
 Office of Treasurer of the 
 .he ™*;r"" "'" ' ,t,r "• V'"-V "■"■"■.■.I (r.™ 
 
 (/hs(?;-? description of lands.) 
 
 Entered 
 
 8 
 
 cts. 
 
 ,.^l!v.l'!^°"^' '"/'''rV^ ^ '"^^'« l»'i'euuto set my I 
 
 the cori)orate "seal of the „f 
 
 A, B., 
 
 luy Imml and adixed 
 
 Treasurer of 
 
 1..S. 
 
 'a 
 
 s 
 
 d 
 o 
 
 CO 
 
 O 
 f-5 
 
 J3 
 
 
 o 
 
 <u 
 
 -^ 
 
 ;z; 
 
 a 
 
 
 
 o 
 
 n 
 
 o 
 
 O 
 
 u 
 
 CU'J 
 
 05 CO O 
 CC -^ t* 
 
 c o c 
 
 (2) 
 
 GUARANTEE BOND. 
 (S(r. 12 ((«fc.) 
 
 Know all men by these presents, that we 
 «'^.istrar oUhe '' "' ''''' ^"""'^ 
 
 Count 
 
 of 
 
 Esijnire, 
 in the 
 stvled 
 
 JithfJUly perfor,« the duties and ohligations'of '1^0^, ^ri'^ '^".'^ 
 
 I, 
 Is 
 
 ' ;.fBI 
 
■f 
 
 404 \i'i'K.\i)ix. 
 
 of any porson or jipvsoiih wliomsnovrr. NcvcrtliflrsH it is lir'i'f'liy 
 dt'clnrcd, tliiit no (,'r(niti'r sum slnill he rccavcicil midcr this 
 CovciKiiit nfidiiist th(^ several ]);irti('s hereto tliiiii the foUowiii!,' : 
 tliat is to say ai,'niiist " tlie said Principal." in the whole the sum 
 of iiml against tlie said Couiiiaiiy in 
 
 the wliole the sum of dollars res]ieetively. 
 
 Provide. 1 always, that if the dimpany shall at uuy 
 
 time f,'ivo tliree calendar months' notice i)i writing' to the said 
 Kt'Kistrar, and to the Secrt'taiy of the sai<l Province for the time 
 beint^, of their intention to put an eni' to the (inarantce hereliy 
 Gnteri'd into, tlien this ('ovenant, and all accruinj,' lialiility dU 
 their ])art, and of their funds and projierty, shall from and after 
 the last day of such Ihrco calendar months aforesaid, cease loul 
 termimite in so far as concerns any acts or deeds of " the said 
 Principal " siihseijuc nt to such determination, renniinint,' liulile, 
 however, hei'enn, for all or any deeds, acts, or defaults done or 
 committed by • the said Principal" in his said ottice or em]iloy- 
 nient of Re^dstrar of the (Jount of afore- 
 
 said, from the ilate of this Covenant ujt to such determinatiiui. 
 
 In witness whereof, " tlu; said Princi])al " hath hereunto 
 allixod his hand and seal, and the said Comiiaiiy 
 
 have liereunto caused to he aflixed their Corporate Seal 
 under the hand of their President, and Manauer, this 
 day of in the year of oiu' Lord, one thousaiKl 
 
 ei'dit Innidred and 
 
 Signed, sealinl and delivered'^ 
 by the said 
 
 ("the said Principal ") 
 in the jiresence of 
 
 Signed, sealed, and delivered 
 on behalf of the 
 Company by their Presi- 
 dent ami Manager. 
 
 L 
 
 [L.S.J 
 
 President. 
 Manager. 
 
 Count of 1 I, the iirincipal in the within instru- 
 
 - ment named, make oath, and say as follows : 
 To wit : j 
 
 1. I am seized and possessed to my own use of real estate in 
 the Province of Ontario, of the actmil value of 
 
 dollars, over and above all charges upon and incumbraiici s 
 affecting tlie same. 
 
 2. The said real est:.ite consists of the lands, tenements aiul 
 )ireniises following, with the appurtenances, that is to say ; * 
 
 8. That 1 am worth the sum of dollars, over aiul 
 
 above my just debts, antl any stuns for which I am liable its 
 surety or otherwise,, except upon the said Covenant. 
 
 4. My Post Otlicc address is as follows : 
 Sworn before m«, at , in the ] 
 
 Count of j- ' 
 
 this day of 18 j 
 
 Justice of Peace in and for the Count of 
 
 *NoTK. — If the Deponent is not possessed of real estate haviiiR n 
 value beyond the incumbrances thereon, the tiret two 
 clauses should be struck out. 
 
 is '■'' 
 

 APPENDIX. 
 
 of in till- 
 
 iiiiikc oiitli, mill 
 
 Count of ) 1, 
 
 |- C.'unnty of 
 I'l'ovinco iif Ontiuio, j siiy us follows : 
 
 1. I am tlie |ii'rson whofo najuc is snbscriliiul to the annoxed 
 instnuiM'iit as the attcstini,' witiii'ss to the 
 (Xi'ditinn tliiMetif, and that the sif^'natiiif sft iiiul 
 sulisciiljtMl tliciito lis Mich atti ^tiii),' witiiuss, is of my projx'i' 
 liaiidwritiii;,', iinil that my iiamo ami uddition arc foireully iiliove 
 set forth. 
 
 2. I was pi't'scnt, and did sec tlip said instnimcnt duly sii,'nod 
 and fxt'ciitcil hy ouf of the parties tlRTcld. 
 
 3. I am \V(.'ll acqii iintt-d with Him said 
 
 Sworn hffoit' in>', at , in thi-'j 
 
 Count of 
 this (lay of 18 ) 
 
 Justice of I'fatT in and fm' Count of 
 
 406 
 
 'lUi 
 
 (ij NOTICHS Ul" WirnuUWVAL BY SUllIiTi'. 
 (Sec. 11. iiiitc.} 
 ((I\ NOIICi: TO Till'. KKOISTKAU. 
 
 A.-1 I am di-siidus of witlidiawinj,' from my jiosition as your 
 surety (or as (jue of your suii'tirsi for tlio due iicrfcu'inancc hy 
 yim of the duties of yourolllce as UcL'istrar <>f the [name of llinis- 
 Initio)! Diriiiioii) i lierehy, in )iursiiance of tlio provisions of 
 " The Registry Act, ' liet; to notify you that I am no longer dis- 
 posed to continui' my resjionsibility as such surety. 
 Dated th« day of 18S 
 
 Ycuirs, Ac, 
 
 {Si[iiiaturi' of stirctij.) 
 To A. B., Esquire, 
 
 Registrai' of the (nnme of liedistnitioii Divisiun.) 
 
 (b) NOriCE To TlIK rROVlNCI.\I. .SIXltETAltV. 
 
 As I nni desirous of withdrawing from my position as surety 
 (Of as one of the sureties) fcu' A. B , Kscpiire, llegibtrar of the 
 (Hiinu- of Rc<jistration Diviifion) for tlu- due performance hy the 
 said A. is. of the duties of his ollice ns siicli Kegistrar, 1 lieiei)y, 
 ill pursuance of the provisions of " The Registry Act, " r<'si)eet- 
 ftilly notify you that I um no longer disposed to continue my 
 responsibility as such surety. 
 Dated the day of 1H8 
 
 Yours. &c , 
 
 {Signature of surttii.) 
 To the Houorahle 
 
 Secretary for the Province of Ontario, 
 Toronto. 
 

 mil 
 
 
 40G AI'l'KNIiTX. 
 
 (I) I Al'POINTMENT OF DEl'UTV UEGISTHAIJ. 
 
 (S<c-. 17 (iiitf.) 
 
 To all t(i wlumi these picsentH sliiiU cdiuo: 
 
 Know yi) tliiit I, A. I!., of tli(( of in the 
 
 ("onnty of , l-isiinire, Ul•^,'i'^tl■'ll• of tlio {uttiin' uf Hiirisita- 
 
 tion Dir'n'um), nnder iinil l),v virtue of the luiwer unit iiiithoritv 
 conferred upon me hy " 'I'lie He^istry Aet '' hiisi' nuniinati'il uinl 
 it|i|>ointeil, and do heiehy noniiniite imd iippoinl C. D.,(jftlii' 
 of in till' County of [ddilitioii] to hr niy 
 
 Dejuity in niy (dlice us Ue^istrar (iforesaid, to do, perform luiil 
 exeeut*) all the duties ri'quired of him, tin! said (J. I)., under tlu 
 laws of this I'rovince, whieli in'rtain to tln^ office of u Deputy 
 Uegistrur. 
 
 (iiven under my hund and seal of oflice at the of 
 
 ill the County of the day of 
 
 A. 1). IHH . 
 
 A. B., L.S.J 
 
 Kegistrar for tlio 
 (Nitmo of KeglHtratlon Division). 
 
 If ■■'* 
 
 .*''■ ^w' 
 
 (5) DEPUTY llEGISTKAll'S OATH OF OFFICE. 
 
 (Sec. 18 ((;//(■.) 
 
 Ontario: ) I, C. D., of the of in tlip 
 
 County of )■ County of (addition) liaving lieen 
 
 To wit; ) a))pointed hy A. B., Es(iuire, Kef^'istrar of 
 
 the (ndiiic of Rcf^islratiou Division) to the oflice of Deputy liet;- 
 istrar for the said [name of lici^istration Division) do swear that 
 1 will well, truly and faithfully perform and execute all dutie.'< 
 required of nie under the laws of this I'rovinci!, jjertaining to the 
 said ollice, so loni? as I continue therein ; and that I have not 
 given, directly or indirectly, nor autiiori/.ed any person to give, 
 any money, gratuity or reward whatsoever for procuring my 
 appointment to said otlice. 
 
 C. D. 
 Sworn before iis at the of in the County 
 
 of this day of A. D. 188 . 
 
 ■p* "CI T p ) 
 
 /-' tV t* n' / 111 aiitl foi" the saidCountT. 
 Or. H., J. P., j - 
 
 (6) REQUEST TO REGISTRAR TO MAKE SEARCHES. 
 (Sec. 23 anti'.) 
 
 To the Registrar (or Deputy Registrar) of {nanw of Registration 
 
 Division.) 
 Sir, 
 
 1 hereby request you to make searches for all instruments [or 
 for the instruments hereinafter mentioned that is to say, &c.} 
 
AI'PKNDIX. 
 
 4(17 
 
 ill till 
 '' K,i;isliii- 
 I luilliority 
 liiiatiMl aiul 
 , D., "f ll"' 
 I/) til l»' my 
 cifdrm mill 
 iiiult'V the 
 k 11 Duputy 
 
 of 
 f 
 
 [L.S.I 
 
 Division) 
 
 <^ICE. 
 
 in the 
 
 hivvint^ l>t^»" 
 
 Kot^istnu' i>f 
 
 Di'imty lU't!- 
 
 [o swciir Unit 
 
 all duties 
 
 taininK t" the 
 
 uit I liavo not 
 
 lerson to give, 
 
 procuring my 
 
 C. P- 
 
 111 the County 
 188 ■ 
 
 iEA.llCHKS. 
 
 Registration 
 
 istruments [or 
 lis tosay,&c.) 
 
 wliifih iiro rcKi^tcrcd In your ofticc, reforring to, incntionini,' or 
 alTi'ctiiit,' tli(< followiiiu IiiiuIh Ulcscrihiiii^ xinnr.) ilf n pi-rsoiuil 
 in.ijiKtidii thiTiiif is (Lsifiil, iii/i/l ami to cxliiliil lo niu hmcIi 
 oii),'iiiai rif^'iHtrK'd insiruiiunt, and the lljiuku of tlu' other rchit- 
 in^; liii'ii'to for jiiy |iifrsoiiul iiiiJ|ii'i'tion. 
 Datfd tiif day of A. I). 188 
 
 \'ourK. iVc, 
 
 (Sif^iiiUuri' of iif'{^lic(tiit.] 
 
 (7) REC^UHsr TO UP:('rISTH.\U TO I'TUNISH AUSTUACT. 
 
 {Sec. 2:1 ante.) 
 
 To the IVt'Kifitrar (or Deputy Itegiwtrari of {name of Rii^istratioii 
 
 Division.) 
 Sir, 
 
 I hcndiy rri]nost yon to furnisli mo with nn Ahstract of and 
 coneornitif,' all instruments reK's^tcred in your otlieo, [if Ahstract 
 is desired for it limited period, odd, subseiiuont to the (htto of 
 registration of instrnincnt nunihor ) referring to, mention- 
 
 ing or atleeting the following lands {deserihiiii,' same) np to and 
 incduding tlu? date hereof, and I require that sutdi Ahstraet shall 
 contain amongst other matters and thing>the iiartieularfS foUovs'- 
 ing, that is to say (set out particuUirs required.) 
 
 Dated the day of A.D. 188 
 
 Yours, cVc, 
 
 (Sii^nattire of applic'ini .\ 
 
 (8) HE(iUEST TO REGISTRAR FOR CERTIFIED COPY, 
 (Sees. 23 and 24 mite.) 
 
 To the Rog'strar (or Deputy Registrar) of (name of Registration 
 
 Division : 
 Sir, 
 
 I hereby request yon to furnish nie with a eertifiod copy (or 
 exemplification) under your hand and seal of otlice of an Inden- 
 ture of (giving description of instrument of which copy, <?-f., is 
 desired) made between A. B. and C. D., dated the (lay 
 
 of and duly entered and registered in your office 
 
 (give date of registration and registration number, if known to 
 applicant). 
 
 Dated the day of A. D., 188 . 
 
 Yours, Ac, 
 
 (Signature of Applicant.) 
 
iii^^ 
 
 40H 
 
 aim'i:m»i\. 
 
 (ft) CERTIFICATK ACCOM I "ANY I N(i AllSTUACT i)F TITLK. 
 
 (.Sir. "iit (tii(i\) 
 RcK'iHtry OITut 1<y tin' {nnnu- of Rci^hlrutlon DiTisicii.) 
 
 (lil.V of ■ A. I). JHS . 
 
 I lioioliy ccitify Unit tlir foic^,'<)in},' {I'l- iiiiiuxiil '♦'liiil 
 
 Alistiiict is II tnir iind ccincct iilistnict nf nil liistMiiiii .itcii'd 
 
 mill ii'Ki^tcriMl III tlic l{(%'i>try HiMiks of this Ollicc \if nbstnut fnr 
 limited period add, Kul)Sfi|iitiit to tlic date of Iti'j^'istratioii' of 
 Iiisfiuiiifiit iiuiiilicr ) ii|i to mill iiicliuiiiiK the ilatc li. r, of 
 
 wliiidi I'rtVr to or iiUVct {diseriluiii; tli, liiii,ls, ciDiciriiiiii; tlu title 
 to u'liiili the iiliitriut is/tintislird). 
 
 Si^imtiiif of i;,'i.'istriir, 
 
 {or I>f|iiit_v J;(vistniij. 
 
 (l(l| CHKril'lCATK ACCOMl'ANVINll CKUTIl'lKD COPY. 
 
 (Sees. '2'.i and 24 niite.) 
 
 l!('t,'isti V (.tllicc for llic (iKiiiie of Ra^istration Division), 
 (liiv of A. J). 1H8 . 
 
 I lif'ii'hy ccitify that tliu foit'^-'oin^' ior niiiicxvil, or within i 
 pajici' writing,' Ih ii true ami i-oirict co|)y of ku Iiulciitiirt' oi 
 {deseribiiii,^ iiislntiiiiiil] iiiii|>iiiliiii,' to Imvc hcfii iniulc hctwccn 
 A. ]i. ami C. !>., (Iat"il u> therein iiK.iitiuuecl ami di '• entered 
 ami ri'gisti red in thi> oIVkc iu Lil'tr for the f 
 
 at o'clock of the day of A n» 
 
 imnihcr 
 
 As wituoss my hand and seal of ollice. 
 
 Sit^iiaturo of lU gistrar, 
 [ L.S. (or Deimty Itfgi.-trar.) 
 
 (11) NOTICE OF INTENTION TO I'KOVE A IJEGISTEIiF.O 
 
 INSTKUMKNT HY I'KODUCTION OF A 
 
 CERTli'lFl) COPY. 
 
 (See See. '21 mtte.) 
 
 Ill the Court of 
 A. B., \ Tak<' notice that the PlaintilT (or Defend- 
 
 Plaintifif, ant) intends at the trial (or utlur proceed- 
 YS. ■ '"ff) ^'f 'Ills cause to give in evidence, as 
 
 C. Vi., j ])roof of the conveyance hy way c)f ]5aif,'aiii 
 
 IH'feiulant.j and Sale (deserihiiii; siieli iiistrtniie)it) of 
 the huuls mentioned in the \Viit (or in question) in tliis cause 
 from E. F., of iVc, to i}. \\., of Ac, dated the (hiy of 
 
 A.D., 18 , and also of certain Articles of A^'ii-e- 
 iiient hetween G. H., of Ac, and J. K., of &c , lelatintj to said 
 lands, dated the day of A.l). 18 
 
 copies of the said several original instruments certified hy the 
 KeRistrar of the County of under his haul and seal 
 
 of ollicc. 
 
 Dated the day of AD. 188 
 
 Yours, Ac, 
 
 M. N., 
 To 0. P., Esq., Plt!'s Atty. (or Solicitor.) 
 
 Deft's Atty, (or Solicitor.) 
 
 If 
 
Al'PKNOIX. 
 
 4)i>J 
 
 iriLE. 
 
 ■[♦hill) 
 
 .ittT.'d 
 
 ')%triut f'lr 
 
 riilioii iif 
 
 llti' lirlriil 
 ,;. //). title 
 
 lar, 
 
 ,1) COl'Y. 
 
 Oivisioii), 
 
 or witbin) 
 lulonturo of 
 adc lu'twten 
 li ' • oiilert'il 
 
 f 
 
 .ritvar, 
 LI 
 
 gistrnr.) 
 
 ,r Dffritd- 
 iUcr proiccd- 
 
 V .,f Hiiii^aiu 
 !<^triiiiiiiit) of 
 n this crtU'^i; 
 (liiy "f 
 aes of A^r.t'- 
 i.tins t" >^'i'*' 
 A.l). 1« , • 
 •rtituHl by tU*; 
 ,.,iiv-l luul ^i'"l 
 
 (or SoUcitoi.) 
 
 11-2) NOTILK DISITTlNd THK VALIDITY OF TIIK 
 OUKilNAI, UKlilSi'KUKD INsTlirMlIM' 
 (.S.'-' .S.v, 24 nut,-.) 
 Ill the ("oiirl of 
 A. l\ , ] Tiikf notice tliiit tht- (Ifftiuliiiit (or PUxiii- 
 
 I'liiintifl, til}') ilisputfs tho validity of tlic iillcKt'd 
 VH. coiivt'yiiiK'f liy way of HarKaiii and Siilf 
 
 t'. I)., {dixcrihitu; siiili insirumi-nt) <if the lands 
 
 |)<'fi'iidiint. iiu'iilioncd ill till' Writ (or in qiiiUinn) in 
 thih fiius«" from E. V. to (i, II , dutcd the day of 
 
 A.l'. IH , and also of ccrtiim .\riirli > of A^'iimiih iit lu'lNVccii 
 (i. H and J. K iiliitiii).' to Hiiid laipN, dated tlir da\ of 
 
 A.l). 18 
 Patrd th.' diiy of A.|). IHH 
 
 \ our-., fir , 
 To M N , Km) , () I' . 
 
 I'ltfs .\tty. ior Solii'itor.i Deft s .\tty. on SolicitDC. 
 
 (l:^i AFFIDAVIT FOlt OKDKH FOK ISSIK, OF SlHI'iFNA 
 TO UFOlSTKAl;. 
 
 (Sff S,i\ 21 nnl,.l 
 In tlic Coim of 
 A. I), , 
 
 I'laiiititT, ' I., M. N , <.f tlic of in rlic 
 
 v> -t'oimty of Iturnihtt-r at law niakf 
 
 C. D., 1 niaki' oatli and say : 
 
 Defendant,/ 
 (1.) Tliat I am the i)liiintilT'-< {or tli hiuliiiil'st .Vttmiiey in this 
 crttlse. 
 
 (2.1 That tlii.s action is one of ejectmenl hiouj^lii liy the ahove 
 named jdaintilT to recovei- fium the ahove iiiiiiied defendant the 
 p.isse.ssion of a eeitain iiaicci of l;ind situate in tin I'lpwiisliip .if 
 
 in tile (.'ounty of hcint,' eomposed id' the 
 
 Lot numlier in the C(jnc'es.-ion of saiil Town--hip. 
 
 \'^,^ That the def'lldant hiis aji|i( iiieil to the Wiit and Notiee 
 of Trial has l)eeiieis,.u in this cause for the .'tpiiroiieliin;,' .\ssi/.t's 
 ill and for the County of to he ludil at the of 
 
 in the said County on the day of iii'Xl. 
 
 ll.) That it is material and necessary for the plaintilT lor 
 litffntUmt) upon the Trial of this cause to he aide to produ(!e in 
 evidence in su])i)(Ul of his title to the lands mentioned in the 
 said Writ, the foUowinj,' instruments ami documents (descrildiiK 
 them as in manner f.dlowinj,', a conveyance hy way of Hareain 
 and Sale frcun Iv F. of <S;c., to (t. 11., of 6ii\, dated the 
 
 day ot A. 1). iN and certain Articdos of A^uee- 
 
 ment bt'twei'n the saiil (i. H. and .7. K., of &c., dated the 
 day of A. D IH I which instruments and docunienls (or the 
 
 memorials thereof) are rt'gistered in the He^istry Oflice id the 
 County of and in the custody of \, V., F^squire, the 
 
 ll'.'j^istrar of Deeds for said County. 
 
 (5.) That the plaintiff (or i/ifiiulaiil] is desiioiis of having,' said 
 instruments and d<iiam( nts produced at the Trial hereof. 
 
 Sworn before mo at th(> of n 
 
 in the County of this dav of I ,, ,. 
 
 A.l). 188 . ' ' " ■ ^ • 
 
 A Comiuissiouer in B. K., iVc. ) 
 
 27 
 
 
 I 
 

 ■I: 
 
 k 
 
 410 APPENDIX. 
 
 (It) 0RD:-:11 for issue of srBPiENA 'I'O UEtllSTHAR. 
 (bi-e Sec. 21 luitc.) 
 In the Court uf 
 A. 15 , \ I'pon tlio application of the PlaintilT's for 
 
 DiffHtldiit's) Attoriu'v, aiiii iii)oh rcuihiiK tlio 
 idliilavit of M. N,, I do order that a Siil)]ia'iia 
 (liirrs tiitim do issue in this cause directed to X. 
 Y., Es(iuirc, Rej^istrar for the C'ounty of 
 requiritit.^ hiiu to jirodiice on helialf of the .'-aid I'laintilT (oi' l)e. 
 ft'udant) at tlie tricl of liiis causi' tlie following,' iusti iinieiits 
 (descriliing tlieni as set out in the allichivit of M. N.J 
 I'ated at Clianihers this | 
 
 day of 
 A.D. is.s J .T«d{,'e (()" o///,T oZ/'ftVA-.'i 
 
 I'h.iufiff; 
 vs. 
 CD., 
 
 Dpfeuihmt 
 
 !..< ■ 
 
 Ontario, 
 County of 
 
 , ^, To wit 
 
 L.S 
 
 f La w 
 ] Stamp 
 
 O 
 
 
 CI Cj 
 
 
 (15) Sl'Bl'(l':XA [duces tecum.) 
 
 (See Sec. "21 aute.) 
 
 \ Victoria, hy the (irace of (roil, of the Cnitcd 
 
 - Kinj,'(h(in of (irciit Britain and Irehmd, Queen, 
 
 : ) Defender of tlie faitii. 
 
 To X. Y., Ret^'istrar of the (bounty of (niMtin^'. 
 
 We command you tliat all excuses hi'ing hiid aside 
 
 you and e\ery of you he and a]ipear in your i)roi)rr 
 
 " \ persons hefoieonr .histicis assi^^'iied to take the.Vssizes 
 
 in and f(U- the t'ounty of (or our .ludj,'e of nur 
 
 County Court of tlie County of at the .sittin^'-^ 
 
 to he hidden ) at in the saiil County nn 
 
 |» ^ day tlie day oi A. I). 188 
 
 § s h.y o'clock in the noon of the saiiio 
 
 r.^ g. 2, ,ljiy, and so from day to day until the cause 
 
 ■z; r? }iereinafter uk iitioned shall he tried or 
 
 ^ 2 (itlierwise disposed of to testify all and 
 
 d" ^ sin^^'ular tliose thing's which you or either of 
 
 B ^ yon know in aceitain cause now peiidin;: in 
 
 ^ c' o our Court of at Toronto (or said CdUit 
 
 (~ ^ fov trial at ) hetween plaitititT 
 
 ^^ and defendant in an action dii 
 
 S- '^ the part of the plaintiff (cu- defeiidantj an I 
 
 =^ ? at the said Assi/es (or SiltiuKs) to he tried 
 
 C !1 ''y "■ •'"'■>' "' *''"^' c<nintry. And also tliu/ 
 
 ^ c' you hrin;,' with you and produce! at the time 
 
 "2 aiul place afm-esaid on hehalf <d' the plainlilT 
 
 '^, ((U- defendant) the followiii); instrunniits ami 
 
 C documents al't'ectini,' or relating,' to the 
 
 Lot niimher in i\w. Con- 
 
 cession of the Township of in the 
 
 S. County of , tint is to say : 
 
 .\nd this you or any of you shall by iii> 
 means omit, under the peiuilty upon each e'' 
 
 iJ » 1^ c^ 
 
 n 
 
 ST' 
 
 o 
 
 n 
 
 you of One Hundred Pounds. 
 
 AVitn. 
 ursaid Court, at 
 
 Chief Justice (or Judf^'c) of 
 
 th 
 
 day of 
 
 in 
 
 the year of our Lord one thousand eiglit 
 
 hundred and 
 
 Clerk of the Process (or Clerk ) 
 
APPENDIX. 
 
 411 
 
 IGISTRAR. 
 
 liiintiff's (ov 
 rciuliiiK tlio 
 
 a SuljpcEiia 
 ii-cctod to \. 
 ty of 
 inlit't' (or De- 
 
 iiistiinuunts 
 
 ) 
 
 t-r otftci'-r.) 
 
 of tli(! T'liitfil 
 
 flillul, QlU'Cll. 
 
 (iriM tinj,'. 
 iiig liiid aside 
 11 your iiroiK'i' 
 iki' tlu'Assi/.cs 
 ■ .ludj^c of our 
 ;it the sitting-'- 
 aid Coiuitv nil 
 
 A.l). 18b 
 11 of the saiiio 
 nitil <lii' c.iusi' 
 li(> tiiod or 
 ■ stify all and 
 (.11 or cither of 
 uiw iH'iidin^' in 
 (or said Couit 
 plaiiitilT 
 tiou "II 
 
 h'fondanl) and 
 i^s) to b<! tried 
 And also thiif 
 ,■ at the time 
 ,f the iilaintitT 
 istrumeiitsaml 
 1^' to tlie 
 tlu! Con- 
 
 ill the 
 
 shall hy 11" 
 upon eiudi o'' 
 
 . (or .TudKi) "f 
 
 day of 
 thoubaiid eiglit 
 
 1(V) AFFTDAVLT ON AI'l'LICATION FOH ORDER FOR 
 
 (l(') 
 
 ISSUE OF srr,r(KNA to registrar to I'RO- 
 DLCE original INSTJiUMENT. 
 
 Sec. 
 
 Ill Chaiicerv 
 
 Bet 
 
 ween 
 
 lU] 
 
 A. J5 
 
 and 
 C. 1>. 
 
 riaintilT, 
 
 Defendant. 
 
 I, M. X., of the Ciiv of Toroiit, 
 
 I. Ill 
 
 Soii<iti>r, make oath nnd sav a 
 
 >llo\v^ 
 
 tiie County fif York, 
 
 ll.l I ain the pbiintiffs (or rlifiiula ill' >) Solieitor in tliis cause 
 1 2 I 'I'he reidicatioii has heeu filed her(in, and tliis einise is 
 
 now at issue, aiK 
 
 1 til 
 
 aine iias heeii s( t ilowii for heariiit; at the 
 
 n 
 
 ext Sittii 
 
 l<.'S ( 
 
 II th 
 
 if this llonolalile ('lUlll to lie 
 
 loUleii a 
 
 t th 
 
 IV of 
 
 next. 
 
 naleiial and iiecessa 
 
 iry for the plaintiff (or 
 
 Ci.) That it is i 
 ill,- difiinhnit] to f,'ive in eviden"e at tlie heiiiitif,' of th 
 (•( itain comevaiice hv wav of Baiyain and Sal< of the lands in 
 
 iVc, to G, H.. ui 
 
 uid also certain 
 
 (liie'Stion in this cause from E. F., of iS 
 
 &c.. dated the day of A. D. is 
 
 .Articles of A^^reeineiit hetweeii the said (i. H. and J. K., of 
 
 iSic., relating to sfiid hinds. 
 
 (■l.| That siiid C^lllveyanc(' and .'Vrticles of A},'re( iiu nt are 
 registered in the Registry Ol'tice for the (.dunty of 
 
 (r.) Tlint on the 
 
 dnv of 
 
 A. D. is 
 
 I did. on hehalf 
 
 of the said plaintiff, give notice to O. I'., Es(piire, Solicitor for 
 the ah'ive nani"d defendant, of the jdaintitf's intention to piov(^ 
 said Conveyance and Articles of .\greemeiit hy the ]irodiictioii of 
 copies thereof ceitilie(l liy the Registrar of the saicl County, under 
 liis hand and seal of ollice, pursuant to the Statute in that case 
 made and pro\ 
 
 (h'd. 
 
 C.) Tliat on tlio 
 
 lay of 
 
 A.D. is 
 
 1 
 
 was servct 
 
 \'\ the said O. P., i;s((iiire, with a notice dis]iuting the validity 
 of said Conveyance and Articles of Agreinieiit. 
 
 (7) That (if such ho tlie cnse) the di feiidant disjniti s the valid- 
 ity of sindi Conveynnce nnd Articles of Agitdiitnt ami alli ges in 
 his answer that the same me forgeiits. 
 
 M. N. 
 
 Sworn hefore nir nt the 
 
 of 
 this 
 
 in the Coinitv of 
 
 (hiv nf 
 
 A D. IS 
 
 A Con iiiissioiK r in R. R., &c. 
 
 [•ess (or Clerk 
 
412 
 
 APPK.NDIX. 
 
 
 1 17) ORDEU FOR ISSUF, OF WRIT OF SUUl'cKNA To 
 
 r.EGlSTUAIi. 
 
 (Sff Sec. 24 anle.) 
 diiv, t)i(; 
 A. D. IHH ■. 
 
 day of 
 
 riitiiitirt. 
 Defendant. 
 
 Ill Ch iiicery, 
 
 III Clianibers 
 V, C. j 
 
 Between 
 
 A. B., 
 
 and 
 
 C. D., 
 
 IJpon the apiiliciitiDii nf tli" iil)i)Vf iiiinied plaintiff and upon 
 henrini,' read lli ,- atli livit of M. N., tlie S.ilicitor of tli.,- said plain. 
 tiff. It is ordered tli it a Writ of Siilipo mi icstificiuuium c'. 
 
 duces tecum do issiii^ out of and uiid'T u' seal of this Court 
 direeted to tlic U 't;i.-;trar of tli ■■ <' unity of r^iiuirini,' hiiu V, 
 
 atten 1 li'foro (at th" li..Mrin^' of this causi.', at the next 
 
 Sitting; of til ' (.' )iirL t'j lu holdt;n at , or, as the cine, max 
 
 b) and jiroliicf tli" (conveyance l>v way oi Bai\'ain and Silr 
 from K. F., ol Sc-... to ti. H,, of Ac, dated the day 
 
 of A. D. IH , and certain Artiides of A^^rc'emeiit hetw^'i-n 
 
 the said G. H. and J K., of A-i:., dateil the day of 
 
 A. D 18 (or oth ■!• iintriini'iit re([uin;d to lie produeedi nuw 
 tiled of reeoid in his olli'; ; 
 
 (18) 
 
 111 Ch.inorv 
 
 SI:BP(KN'A to liKGISTUAIt. 
 (See Sec. 24 ante.) 
 
 ONTAlUo. 
 
 — ' — ■ Victoria, liv the (irauM)f (J, id, of the United Kin^'don 
 I li. S. I of Great Britain and Ireland, Qiiet'n, Defi'iider of tli 
 
 Faith, L'rei'tii 
 
 To X. Y., Esquire, lle^^istrar of the Ijonii 
 
 itv of 
 
 We (!oin uand Vou th it, laving' all othi-r iiiatterri 
 
 x' aside and notwithstandiiif,' any excuse you jie 
 
 SOIl- 
 
 Q 3 ally he and appear hefort 
 
 to testify the truth 
 
 ■o G 
 
 5 ;iA ace irdiiiK to your knowledge in a certain suit now 
 
 5.-5 peudini^ in our Court of Chancery wherein A. B. i.s 
 
 § rj iilaintiff and (". 1). is defendant on the part of tie- 
 
 ^ ^ I'laintiff (or defendant, irf the case may be) and tliiit 
 
 S' S yo'i then and tlnirc; hriii),' with you and proiluci' 
 
 2 ef [specify the documents to be produced, e. t,'. « Con 
 
 J*' veyance of Bargain and Sale of the west half 
 
 Lot 
 
 imniiie; 
 
 in the Sixth Concession of th^ 
 
 o Township of 
 
 in the County of 
 
 from K. F. 
 
 -a o ;— ; 
 
 
 &c , to G. H., of 
 
 itc, dated the 
 
 du 
 
 '< S3 
 
 o 2 
 
 ^ S 
 
 of A. D. 18 and Articles of Agreement relat- 
 
 ing to said lands between the said G. H. and •!. K . 
 
 if 
 
 dated the 
 
 dav of 
 
 A. I). 18 
 
 now iiled of record in your (.itUc). And herein I'.iil 
 not at your peril. 
 
 Witness the Honorahle 
 
 Chancellor, this day of 
 
 ill the year of our Reign. 
 
 A. D. is 
 
 M. N. 
 
 Plaintiff's Solicitor. Clerk of Records and Writs 
 (or Deputy Registrar at 
 
IMKNA TO 
 
 (l!»i UEQl'EST FOH NEW HEGISTin' .dOiJiL 
 
 (Sir. '2.'> aiitt.) 
 
 r<egistry Office for thf {luimi nf Rcgtsiraimn L>ni- j.jni, 
 (Inv of ■ ]H8 . 
 Sir, 
 
 F rccjiiirf ii ruw Registry Book for tlif Tuwuhlii]! <tf {or 
 
 othir book, describing the same) for use iu iny < tliw. tniC mfpiest 
 that I iiiiiy be funiished with tlie same at ai- tjarh k (:tc»» aH 
 possible (or on fir before the day of luit ; 
 
 Yoiirt^, 
 To C. D.. Es(i , A. B.. 
 
 Treasurer of the of . KeiawBrjaj 
 
 (or Deputy iiecmaj.'ur' . 
 
 (2()J JNSPECTORS PERMIT TO USE MORE 1"EA% (O-SK 
 REGISTRY BOOK. 
 
 {Sec. 25 antc.\ 
 
 III pursuance of the provisions of the twt iity tiHL ^niiriiva of 
 
 " The Re(,'istry Act,'' I do hereby order »hat the lieiciKirKr ic riuj 
 
 {name of the Kef/istration Division] shall be at hlnTty li liu-ve 
 
 Ret^istry Books for the of to be Ui hm jx hia 
 
 oflice at i\w, same time. 
 
 A B.. 
 Dated the day of 188 lii«)i«ui;f 
 
 ('21 1 DEXfAND TO DELIVER UP BOOKS. INBTKT- 
 
 MENTS, Ac. 
 
 (Sec. '29 ante:] 
 
 I hereby require you to deliver up and transif r tci mt itt i*!ain- 
 trar of the (name of new Refristrafion Division] all aud er+o^ silH 
 Registry Books and all other Books and Indexes wkKiL iiu.t>ti 
 liecn kept exclusively for {mention the County. Ciix, 7i-vn. 
 Incorporated Village ToTvnship or reputed Townshif. tir juwd 
 detached from original Registration l)ivnivv.\ th« uroimad; 
 memorials and original duplicates of all d»'eds, coiix*^ uanwt 
 and wills of, or relating exclusively to, any lands vitajo. niirt 
 same, and all other instruments and all maps of f truw. 
 Towns, or Villages within the same heretofore lodg>'d biiMnrt.. 
 ing to law in your office ; also a statement of all titles ti' iiuiiH 
 within the same, registered before separate KegiKtrr iiviiw 
 were kept for each Township or i)lace, containing u KclJediiH- if 
 idl memorials and other registered instrument!- herel-j- Te{jiur«t 
 tn lie delivered to me also an exact copy nf nil memoriuis. »uii»,. 
 
 APPK.M)IX. 
 
 418 
 
ml' 
 Ml' 
 
 414 APPENDIX. 
 
 and other ro^isterGd (lociimeiits affoctin^; such lands which liv 
 reason of their also affeetiii^ other lands cannot he deliveri'ii, 
 also indexes of nanic-i anil an index of lots, also a statement and 
 copies of all wills and otln-r iiistninieiits re^^'istered in any f,'entral 
 Rei,'istry U(Jok, duly eudors(Ml with a certitieate that the same has 
 been cari'fiiliy compared with the orii^iual entries in the liegistry 
 Books in your olliee. 
 
 Dated the day of A. D. 188 . 
 
 To C. D, Esq., Yours, 
 
 liuj^istrar of [luiiiw uf Regi^tnition Division). A. B., 
 
 llef^'istrar, 
 (or Deijuty Ret,'istrar). 
 
 (■22j DEMAND TO DELIVER UP BOOKS, INSTRU- 
 MENTS, etc. 
 
 {SItortcr Funn.) 
 
 I lierehy reiiuirc you to deliver up to mo as Registrar of the 
 {name of ncn' Rci^ialration /yiviaion) all and every the Rt't,'istry 
 13ooks, other Books and Indexes, (ui^^'inal nuunorials and dupli- 
 cates of all deeds, eonveyanees, wills and othei' instruments and 
 maps, statements of titles, copies of mem<U'ials, wills and other 
 ret^ist<'red doeiiinents rcdatinj;; to (meiition the County, de.,) which 
 I am entitled to receive from you under the provisions of the 
 Registrv Act. 
 
 Dated the day of A D. 188 . 
 
 Yours. Ac, 
 
 A. B., 
 
 Registrar, 
 (or Deputy Registrar). 
 
 (2.3) INSPECTOR S ORDER TO RE-COPY OLD BOOKS. 
 
 {Sec. 3-2 ante.) 
 
 Whereas Liher for the of in the County of 
 
 is becoming obliterated, or unfit for further use, I do lierehv 
 order and direct that the same shall be re-eopied in a book of the 
 like description as that required under " The Registry Act,' so 
 far as the same can be decipliered by examination thereof and of 
 the original memorials relating thereto. 
 
 Dated the day of 188 . 
 
 To A. B., Esq : (Signature of Inspector). 
 
 Registrar of {Xciine of Registration Division.) 
 
 
APPENDIX. 
 
 (21) AFFIDAVIT, Ac. OF UF(USTUAll WHEN 
 UK-COPYING OLD BOOK. 
 
 {Sfc. 31 ante.) 
 
 I I, A. H , of tli(* of in the County 
 
 /of , ]Os(iiiiro. licKistrar of tlie {namr of 
 
 Countv of 
 
 ' To Wit 
 Ri-p,istr(itiu)i Divisiuii), do ninkc oatli and say (ot do dcclaro). 
 
 (1 ) That ill pursuance of an older made hy the Inspector of 
 Registry OH'ices, dated the day of 188 Lilier for 
 
 the of in the County of lias heen duly re-copied 
 
 into tliis l)ook, so far as the sanu* could he deciphered hy exaiu- 
 ination thereof, and of the ori;,'inal iiieiiiorial relatiu>5 thereto. 
 
 ('2.) That this l)ook contains a true co))y of Lilier aforesaid 
 
 and of the entries and rej^istries therein m.ide and set forth. 
 
 Sworn (or declared) hefore mev 
 
 at the of in the I 
 
 County of this r 
 
 day of A.D.I 88 . J 
 
 A Comiu'r, B. 11., S:c. 
 
 A. B. 
 
 416 
 
 ■^ii 
 
 (201 CHRTIFICATH OF I'AKTV TAKING AFFIDAVIT 
 UXDEil BEG. ACT OF 184G. 
 
 {St'c. 43 aittt-.) 
 
 Province of L )wer Cuiada] I hereby certify that tliis is the 
 (or otli:r fori'i'^n connirv], - indenture referred to in the memorial 
 To Wit : J and afh lavit [or declaration) of exe- 
 cution of said 111 'Ui )rial aun 'xed thereto, which afK lavit is made 
 
 hy A. B., of the of 
 
 and was sworn to thi.- 
 
 in til 
 
 .'.av of 
 
 of [iidditiun of liiilnt'Si) 
 18 before me. 
 
 C. I)., 
 A Commissioner for taking; afli davits in 
 the Queen's lieiich in Iiower Canada, 
 uniler Act 22 Vic, c. 7'.>, Con. Stat, of 
 Canada. 
 
 \,l^ BOOKS. 
 
 (20) JUUATS OF AFFIDWirs OF EXECUnON OF 
 INSTUUMENT MADE OFi" OF ONTARIO. 
 
 {S.c. 13 ante.) 
 
 (,^) WHEN' MADE IN TKCVlXCE 01" yrKHEC, 
 
 (1.) Sworn befon; me at the of in the County {or 
 
 District) of in the ProvMice of Quebec, this day of 
 
 A. D. 188 . 
 
 A Judge (or Prothonotary, or Clerk, as the case may be) of tlie 
 Superior Court [or Circuit Court for the District of ' ) of the 
 Province of Quebec, in testimany whereof I have hereunto set 
 my hand (and affi.'ced my seal or the seal of said Court) (1) ; 
 
 (1) See Rev. Stat. (Out.) cap. 02, s. 39. 
 
T 
 
 
 ■ 
 
 
 ■1 
 
 
 ; 
 
 \:ri\\ 
 
 '5 
 
 
 i, 
 
 ■0 ■ 
 
 i- 4^ 
 
 4i<; 
 
 APPENDIX. 
 
 or 
 
 (2.) A CoinniisnioiU'r in B. R., Ac, for tukiiif; Afliilavits in the 
 ProviiitM' of QiU'licc in and for the ('onrtn of Ontario ; 
 
 m 
 
 A Notary Public in and for said Province of Quebec, in teeti- 
 inony whernof 1 have liereunto set my hand and affixfd my 
 Notarial Seal. 
 
 (B) 
 
 WHEN MAKE IN OUEAT 
 
 HUITAIN OK IUKl,ANn. 
 
 of in th(! County of 
 
 (1.) Sworn before me at tlio 
 in tliat part of the United Kingdom called Kngland (or Scotland 
 or Ireland as the cnse may be) this day of A. JJ. 18H . 
 
 A .ludRe of the Supreme Court of Juu..atnre in England, (or 
 of the Court of SoHsion, or the .Iudi<;iary C!ourt of Scotland, or 
 of the High Court of Chancery, or of the (Jourt of Queen's ]iench, 
 or C'ommon Pleas, or Exchequer, in Ireland, or of the County 
 Courts of the County of (as the ease may be) in testimony 
 whereof I have hereunto set my hand (and afUxcd my seal or the 
 peal of said Court) (1) ; 
 
 or 
 
 ('!.) Mayor (or other chief magistrate) of the said City (or 
 Borough, or Town (Corporate) in testimony whereof I have 
 hereunto set my hand and caused the common seal of the said 
 City for Borough or Town Corporate) to be hereunto alKxed ; 
 
 or 
 
 (iJ.) A Commissioner authorized to administer oaths in the 
 Supreme Court of Judicature in England (or a Commissioner 
 authorized by the laws of Ontario to take in Oreat Britain, (or 
 Ireland) affidavits in and for the Courts of the Province of 
 Ontario) ; 
 
 or 
 
 (4.) A Notary Public in and for the of in testimony 
 
 whereof I have hereunto set my Imnd and affixed my notarial 
 seal. 
 
 (C) WUKN MADE IN A BRITISH COLONY ol! POSSESSION. 
 
 (1.) Sworn before me at the of in the of in Her 
 Majesty's ("olonv [or Colonial Possession, or Eesidcncy, Ac, 
 in ) of this day of A.D. 188 . 
 
 A Judge of a Court of Record (or of the Court of being a 
 
 Court of Record, or having supreme jurisdiction) in said Colony, 
 Ac. In testimony whereof 1 have hereunto set my hand (and 
 affixed my seal, or the seal of said Court) (1) ; 
 
 or 
 (2.) (If before the Mayor, &c, use form 26 B. (2) ante); 
 
 or 
 (3.) If before a Notary Public, use form 26 B (4) ante) ; 
 
 or 
 
 (4.) A Magistrate (or Collector) in and for one of Her 
 
 Britanic Majesty's Possessions in India. 
 
 (1) See preceding note. 
 
APPKNMX. 
 
 417 
 
 ivits in the 
 
 (Tho certificate relating to such Magistrate or Collector, iH aH 
 follows) : 
 
 I bor^by certify that A. B., l)t'fore wliom the forcKoinR, or 
 written, or annexed affidavit (or aitirmatinn) was made liy {natne 
 of witness) was on the day wlien such affidavit (or afflrmation) 
 was made, a duly qualified Magistrate {or Collector) for one 
 
 of Her Maji;sty'H Possessions in India, as witness my band tbiB 
 day of 188 at 
 
 (J. D., 
 (iovernor of aforesaid. 
 
 or 
 
 (.1.) A Commissioner authorized by the laws of Ontario to take 
 affidavits in Her Majesty's Colony {or Possessions, Ac.) of 
 in and for the Superior Court of the Province of Ontario, 
 
 (D) 
 
 WHEN MADE IN A FORKION fOU.NTKY, 
 
 (1.) Sworn before mc at the of in the Kingdom 
 
 (State, Empire, &c.) of this day of A. D. 188 . 
 
 Mayor {or other Chief Mdffistratf) of the said Cicy {or Borough, 
 or Town Corporate) in testimony whereof I have hereunto, eet 
 my hand and caused the Common Seal of the said City {or 
 Borough, or Town Corporate) to be hereunto affixed ; 
 
 or 
 
 (2.) Her Britanic Majesty's Consul {or Vice Consul, or Con- 
 sular Agent, or Acting Ciinsul, or Pro Consul) at the of 
 in the Kingdom {or State, Empire, Ac.) of and 
 resident therein ; 
 
 or 
 
 (3.) (H before a Judge of a Co'irt of Record use Form 26, c. (1) 
 ante) ; 
 
 or 
 
 (4.) (If before a Notary Public use Form 'ifi, B. (4) ante. 
 
 (27) AFFIDAVIT TO OBTAIN ORDKH TO COMPEL 
 SCUIBINd WITNESS TO MAKE AFFIDAVIT. 
 
 (See Sec. 44 ante.) 
 
 SUB- 
 
 In the Court of : 
 
 In the matter of title to lot number in the concession 
 
 of the Township of in the County of 
 
 I, A. B., of the of in the County of [addition) 
 
 make oath and say : 
 
 (1.) I am the owner {or mortj^af;ee, &.c.,) of certain lands and 
 premises situate, lying and being in the Township of in the 
 
 County of being composed of {describe tht lands). 
 
 I 
 
1 '1^- : 
 
 
 iii 
 
 418 APi'KNDIX. 
 
 ("2 ) Anion),' othiT instriiincnts affocthiK saiJ lands is a ccrtiiin 
 Inilcntiui' of lit'iiring diiti,' tlic day of oni; tlioii- 
 
 Hand eif^lit luindrcd and mado betwci'ii C. D. of &(•., of the 
 
 first part and K. V. of &e., of the second part. 
 
 (:{.) Tlic said Indcnturo was exedutcd l)y the said C. D. in tiie 
 jiroHcaice of (ir. 11. of the of in tlie Comity of {(uldition) 
 
 who is the {nr a) snbscrihinK witness to thu execution of said 
 lndentiir(\ whioh lias never been registered. 
 
 (\) No Atlidavit or other proof of the execution of the said 
 Ind< ntur(! liy tlie said C 1>. has b(M'n made hy the said (t. H. 
 
 {').) Beinj,' interested in the re},'istration of the said Indenture 
 I have re(iuested the said G. H. to make allldavit or other proof 
 of the exeention of the said Indenture hy the sai<l C I), in 
 accordance with the provisions of " Tlu' KeKistry Act," hut the 
 said (jr. If. refuses and nej/h^cts to mike sueli atlidavit or other 
 proof of such execution (.<('f out <iiiy fj-cusi's or r-(isu7is (if any) 
 ndvaitci'd hi] G. II. for Kiah refusal or ncijlcct). 
 
 (().) That the said G. H., resides at the of in 
 
 tile County of 
 
 (7.) That I am desirous of having the said Indenture duly 
 ret,'istered in tlu^ Hi'^-dstry OlVice for the [name of Hi(jistration 
 Division) and to that end of obtainint,' an order of tliis Honorable 
 Court, to compel the said O. 11. to make aflidavit or other )iroof 
 of thi; execution of the said Indentur.; Ijv the said C. D. 
 
 Hworn, Ac. 
 
 A. M. 
 
 ^1 
 
 •'■ ■ ) 
 
 
 • 1 
 
 ^1 
 
 (28) ORDER TO COMl'HL A SIBSCUIBING WITNESS TO 
 MAKE AFFIDAVIT OR I'l'.OOI" OF EXECUTION. 
 {See Sec. M ante.) 
 In the Court of : 
 
 In the matter of the title to Lot number in the con- 
 
 cession of till' Township of in the County of 
 
 Upon the application of and upon readini,' the affidavit 
 
 of and the documents and papers referred to therein, I do 
 
 order that of the of in the County of {addition). 
 
 njioii beiiif,' paid, or duly tendered hy or on behalf of the said 
 his reasonable expenses therefor, do appear and attend 
 before at the of in the County of 
 
 on the day after the s -rving of a copy of this order upon him, 
 at the hour of of the clock in the noon, to prove by 
 
 ftfHdavit, or otherwise, the execution of certain {describe the con- 
 veyance or instrument to be proved) bearing date the day of 
 18 made between and , to which {convey- 
 ance or other instrument) the said i.s a subscribing witness ; 
 (if the witness is in possession of the instrument to zvhich he is a 
 subscribing it'itness insert and do bring with him and produce 
 before the said {party before whom he is to make proof) at the 
 time and place aforesaid the said {conveyance or other iiMtrument) 
 hereinbefore mentioned and described) in order that the same 
 may be duly registered in the Registry Office for the {name of 
 Rcfristration Division) according to the provisions of " The Reg- 
 istry Act." 
 
 Dated this dav of 188 . J. 
 
 
Al'PKNDIX. 
 
 419 
 
 ('2{>) DECLARATION OF ABSENCE OF WITNESS, Ac. 
 
 {Sec. 47 <i>ilf.) 
 
 Oiitiuio : 
 County of 
 To wit : 
 
 ] I. of the 
 
 [ Countv of 
 
 of ill the 
 
 {addition) do aulemnly 
 
 ) ili'diire : 
 
 (1.) Tluit I wiis well aoiiuaiiitod with A. 13., late {or forniorly) 
 of tlio of in tin' County of (adtlititJii) the wit- 
 
 ness {or one of tlits witnesses) to the execution liy the thi'rein 
 named {grautur) of the Instiuiuent now shewn to lue and marked 
 
 "A." 
 
 (2.) That I am well acquainted with the handwriting and 
 signature of the said A. B., having freiiuently seen him write, 
 and say that from my kiiowledge of his handwriting the signa- 
 ture "A. li." set and suliscriljed to said Instrument as an attest- 
 ing witness thereti* is of the own i>io])er handwriting of the said 
 A. B. 
 
 (;i.) That the said A. B. departed this life on or aliout the 
 day of IH (or is now resiiling out of the Trovinee of On- 
 
 tario to wit at tlie of in the of ur has, 
 
 since the execution of said Instrument, hecome insane, and is 
 yet of unsound mind and understanding). 
 
 And I make this soh'Uin declaration conscientiously lu'Weviiig 
 the same to he true, and liy virtue of tiie .\ct |iassed in the 
 thirty-seventh year of Her Majesty's reign intituled " An Act 
 for tlie supi)ression of Voluntary anil Extra-judicial Oaths." 
 
 Declared hefore me at the 
 of in the County of this! 
 
 day of A. D. 188 . V{Si^)uUurc of Daliirant.) 
 
 A Connn']-, Ac, in B. R. &c, 
 
 (30) CERTIFICATE OF PROOF BEFORE JUSTICES IN 
 
 SESSION. 
 
 (Si'C p<ii(e 118 ante.) 
 
 I do lierehy certify to all whom it may concern that proof of 
 the due execution of the witliin deed has heen made at the 
 General Quarter Sessions of the Peace held at , in and for 
 
 the County (or District) of , and that the majority of the 
 
 Magistrates i)resent at the said Sessions were satiatied by such 
 proof of the due execution of the within deed. 
 
 Given under my hand in Open Session, this day of 18 
 Certitied to 
 
 A. B., J, A , 
 
 Clerk of the Peace in and for Chairmau. 
 
 the of . 
 
42(1 APPKNIUX. 
 
 m.) (iKNKHAL FOIIM 01' rKUTFl'ICA TH f)F (JFIAN(;KRY 
 IMlOCKi;i)rN(JS FOH UK(JlsrilAT10N. 
 
 In (UiuiKifiry : 
 
 — ■■ — Tliis is to corlif.v thitt in purKiiinct^ of {f. i^'. n I-lnal 
 
 ' 'J'*w I Ordfr of Forecloturf or by a Vi'^tiun Ordrr, t^-^c. f-c.) 
 
 (StHiiii).) buariiiK'dfttf Die day of ' A. I). IHH , iriii(k' by 
 
 " ' th« Kiiid ("ourt in ii certiiiii cause (or inatt(!r) thcroiii 
 
 ppiidinR, wherein A. H. iH plaintitT and C. I>. w defendant {or in 
 
 the matter of, Ae.) It was ordered that (nivinf,' Hnhntanee of tiie 
 
 order so far as it rehites to the hinds affeete<i, deseriliiiiK them). 
 
 And at the reMiuest of the said phiintilT [or defen(hint or |)iU'- 
 
 cliaser, &v.., (tc.) this certificate is (,'iven for the purpose of 
 
 ref;istration iJiirsnant to the Statute in tliat hehalf [or in such 
 
 cane made and provid«'d). 
 
 (iiveii under my hand and tlie seal of the said Court the 
 day of A, D. IHH . 
 
 A. H. 
 — ^"— ^ Clerk of RecordH and Writs, 
 
 jIj.S.J (or other proper ofTieer.) 
 
 (32.J 
 
 ( Law ) 
 I Stamp. ) 
 
 and place). 
 
 CERTIFICATE OF LIS PENDENS. 
 
 (See page Vll ante.) 
 
 I certify that in a suit or jiroceeding in Chancery 
 between A. B. of and C. B. of some title 
 
 or interest is called in question in the following 
 land (dofcribini; it). Dated at (statini; date 
 
 Clerk of Records and Writs, 
 {or other proper officer. 
 
 A, B. 
 
 (33) ORDER VACATING REGISTRY OF CERTIFICATE 
 OF LIS PENDENS. 
 
 (See page 132 ante.) 
 
 In Chancery ; | 
 
 In Chambers, [ 
 
 V. C. ) 
 
 Between 
 
 day, the 
 
 day of 
 
 A.D. ISH 
 
 A. B., 
 
 Plaintift", 
 and 
 C. D., 
 
 Defendant. 
 Upon the application of the above named defendant (or 
 plaintiff) and upon hearing read the Bill of Complaint in this 
 cause and the affidavits of and , it is ordered that the 
 
 Lis Pendens issued in this cause against (describe the parcel 
 of land affected by Lis Pendens) be and the same is hereby 
 vacated and discharged. 
 
 Ml 
 
API'KNDIX. 
 
 »'21 
 
 (34) CKUI'll'ICATK OK OKDKJ; VA(!ATfN(l LIH I'KNDKNS. 
 
 iS'cc /><!(,'/• 1112 (Uttr). 
 Ill Cliiimu'i-y : 
 
 This is to certify tliut hy iiii Order lieminj^ diito 
 
 ■— • —• tiie iliiy of A. I). IHH iiiiidci liy the siiid 
 
 ' Law I Conit in ii certuin cuiiKe therein pemliii^,', wherein 
 
 (Stamp) A. li. is phiintilT ainl <'. D. in defendivnt iipim 
 
 - ■ — ' the ii|)pli('iilii)n i)f tile (lefemliUit {(ir |)hiinti(T) the 
 
 s.'iid (' lurt did ')rder tiiiit the Lis Pendens issued 
 tiierein ii;;uinst {ilt.urihr llu' pani-h of Iniid offccti'il thi-nby) 
 shunld l>e anil the Hiin.'e therehy was vae:ited. 
 
 And lit the recjiiest of the defendant {<ir p'aintitT) this eertilieate 
 is ^{iven for the (jisrpose of re^^istralion pursuant t-> tlie Statute 
 in that hidialf 
 
 (liven undei my hiimi and tiie seal of the said Court tins 
 dttV of A, 1). IMS 
 
 - - A. 15., 
 
 I li. 8. ] Clerk .f Ueeordsand Writs 
 
 - . — - (oi other proper Ollicer). 
 
 allowing 
 It; ilate 
 
 A. B. 
 
 :atk 
 
 (:<;')! CKKTIl'lCA I'K LTON COl'V OK I'OWKU OK 
 
 ATTOIINKY Oil SCHSTITHTION. 
 
 I,S<(' Src. ')[) (tntr.) 
 
 Hefiistry Ortiee for the Coinity of 
 
 day of \. 1) 188 , 
 
 1 hereby certify that the I'ower of Attorney [or siihslitution 
 (10 the case may he) ot whieh tlii^ foret;,.in^; (or n'.inexed or within) 
 paj)er writin„' is a true eo]iy was duly entered and re;,'isteretl in 
 this Ufif^istry Oiliee in Hook for the of at o'eloek 
 
 in the n ion of the day ;'f A. |) IH as N'uniher 
 
 I fuitlier ecitify that this copy is a true copy of the said 
 Pow(>r of Attorney (or suhstitution us llir rdse inay he) of wliieli it 
 l)urport.s to lie a eopy, and that tlie ori.,'inal lias liceii duly 
 dcpositefi ill this Ollice ueeordinj,' to the Statute in that liehaif. 
 
 In testimony w)iere;'f I have set my hand and attaeheii my 
 seal of ofilcj . 
 
 Ueijistrar 
 (or Deputy Hegistrar). 
 
 188 
 
 dutifi, 
 
 idant. 
 I ant (or 
 
 in this 
 
 that the 
 
 parcel 
 
 hereby 
 
 {:Ui) CEltTIFlCATE DTON <;OI'Y OK INSTKIIMKNT 
 (OTHEJl THAN A WILL.) 
 
 [See Sec. 50 ante.) 
 
 r.egistry Olliee for the Cwunly of 
 
 day .'f A. D. 188 . 
 
 I hereby certify that tin Instiument ((/(•(.•im'A/'/i;/ sdmi) of whicdi 
 the f.ire;{oi iif; (or annex((d or within) paper wiitin^' is a copy was 
 duly entered aiid registered in this He^dstry Office in Book 
 for the of at o'( lock in the noon of th« 
 
 day of A. D. 18 as number 
 
 I further certify that this copy is a true copy of the Instrument 
 
I'll- 
 
 lii" 
 
 !^ 
 
 I 
 
 i! '■ 
 
 ■' '11,1 
 
 4'2'2 API'KNIdX. 
 
 (dficrihitif; amm) of wliicli it piir|i<iits to lie n rojiv iiiid timt ihc 
 original Iiiih Iiou duly di pcji-it) d in tliis ofticr lucdrdiii^' to tliu 
 Stiitutc ill tliiit Ix'liiilt'. 
 
 In tchtiniony wliiidif I Imvc hi t my Imnd iwid uttaclicd my 
 spal of ollifo. 
 
 l!(%'ihtnir 
 (or Ihjuity Iti'^i^tar.) 
 
 (37j AFFIDAVIT liKt^UlliKD ON HEGISTKRING CROWN 
 
 GRANT, 
 
 (,S'/.v .S'lC. (U ((///<■.) 
 
 County of > I, of tlie of in tlu' County 
 
 To wit : J of [(litdituni) niiikt' Oiitli and siiy : 
 
 'I'liiit I Imvi' )it riiM'ii tlic witiiin [or tinncxi'd) ]mii)(i wiitinj,' 
 .Tnd iiiivc fiiii fully comj)!!!'!!! the siinu' with tiic oiii/iniil (tiiint 
 from tliu Crown (nr< xcinplilii'ution of the (irunl from the Crown) 
 wlii-reof it purports to Im ii coity, and I say tliut tlic within [or 
 nniicxcil) paper writinj; is a true and accuiatc cojiyof said Grant 
 from tlu' Crown [or cxcmplilicutiou of tlie (irant from tito 
 Crown). 
 
 Sworn, Jte. 
 
 (iiHj AFFIDAVIT OF FAECUTION OF WU-L OR CODICII.. 
 
 (pri(.r to 6th ^rarc•ll, 1H;j4) (1). 
 
 (Sii- Sii. iV.i tiiitr.) 
 
 County of I I, A. H., of the of in the County of 
 
 To wit : ' {ii(lilitioii) nnikc onth and say ; 
 
 (1.) That on tlu' day of A. D. IHH , ((/<(/<• of r\r- 
 
 ciitioii of n'ill) 1 and two other suliscrihiii^,' witnisscs thirtto, 
 naiuely C. D. of the of in the County of ((/</<//- 
 
 tidii} niul G. H. of the of in tiio County of 
 
 (tuhtilioii} were ])(r.--onally pii ^int and did sic the will of which 
 the within (or ainiext'd) paper writing' is a true copy duly signed 
 (or ackniiwledged as the case may lie) hy K. F'., hite of the 
 of in tlio County of (lulilitiun) Jeceasod as ami for 
 
 last Will and Testament (or codicil)* in the (iresence of myself 
 and of the said C. D. and G. II., Ik inj,' crediMe (2) persons, wlio 
 at re<piest in si).;]it and iinserue did sub-^ei il ■ 
 
 several names as attesting,' witnesses theret" in ' r re^j 
 Inindwritinj-'s. 
 
 [•!.) That the said Will was so cxecutf"' of 
 
 in the saiil CViunty of 
 
 (3.) That I knew tiie said E. F\ deceasi 
 
 Sworn before me, &c. 
 
 A. B. 
 
 (1) See Wills Act 1873. sec. 2. 
 
 (2) For definition of " credible '' s-ee Rvan V. Devereux, 20 U. 
 C. R., 100. 
 
 (H) As to what is a sufficient subscription by a witness, see 
 Walkem on Wills, p. IDtJ it seq. 
 
APPKNiaX, 
 
 4'2« 
 
 (:M») affidavit of KXKCTTION of Wir.I; OU (ODIClIi. 
 
 (c'Xecuteil luilwiTu Titli Maicli, 1h;h, luul Ist Jiiiiiinry^ 1H71.) 
 
 [Stc Sic. CnI iiiitc. I 
 
 County (if ) I, A. I?,, of Hit- of in tlio 
 
 To Wit : J County of {(nlilitioiij make oatli and say : 
 
 (1 I Tliat on till' (lay of A. D. \H [ddtt of i-jrrrn- 
 
 tion of will}, I and anotluT suliHcrilriuK witness tlicnl", naiui'ly 
 C. I)., of the of in tlif t'oimty of (ndilitiini) wcrt) 
 
 jirrsonally incscnt ami diil «<••• the Will |or codicil)* of wliitii 
 tlu' witliin (or ann(X(d) jiapt r writing in a tiiio coiir duly txe- 
 cutc'd (or ai'kno\vlt(l;^'cd as tlic case nniy lie) liy !■',. I'',, late of tlio 
 of in llic ('(nmty of {(ulditimi] dccoascii as and 
 
 for last Will and 'rcstanicnt in the incscncc of nixsclf ami 
 
 of llic said C. !>., iicini.' cicdiMc witnesses ill, w ho at ie(iuest 
 and in sij-dit rind iwesenee (or in tiie imsenci,' of each otlier, 
 
 lis tlic case uuiy la') did suliHcrilx' ('2) our si'veial nanns us 
 nttestiuK witiiesHes tliereto in our resia'ftivii Inind wiitiuKs. 
 
 (2 ) That the sail Will (or codicil) was so cxccutud at tlio 
 of in the County of 
 
 (;{.) That I kiU'W the said V.. F. dec(Mised. 
 
 Sworn liefore uip, (Sic. 
 
 A. n. 
 
 (•10) AFFIDAVIT OF KXF.CrTION OF A WIIJ. ii)H 
 
 CODICIL). 
 
 FlxC'Cuted since 1st .Tanuary, 1S7I, or it (xecuted (ir vepuMislied 
 
 since that date. 
 
 (.Sec Sr<\ »;;< (1)1 ti\) 
 
 County of ) I, , .if tiio of in the County 
 
 To Wit : ) of [udditivn] make oath and say ; 
 
 (1.) Tiiat on the day of IH [dutc nf cxciutioit of 
 
 •ivill) I and another suhsci iliiii;,' witness thereto namely C. D., 
 of the of in the County of ((tddltiuu) were, 
 
 tof-'fther iiersonally present and did seo the Will (or codicil), of 
 which the within jiaper writin;,' is a true copy, duly sii,'ned, 
 sealed (."{), puhlished and declared or acknowledj^'ed hy the therein 
 named K. 1\, late of the of in the County of 
 
 (addition) deceased as witnesses to hist \\ ill a)id Testament 
 
 (or codicil)* in the presence of myself and of the swid C. D., 
 
 (1) " Credihle " witnesses required hy 4 Wm. 4, cap. 1 ; Ryan v. 
 Devereux, sec />. i'l'l ante. 
 
 |'2) See note 3 supra. 
 
 (3) Sealiiifi alone hy testator, without signing will, is not a 
 " due execution," Wnis. on F.xrs, 77 ; Walkcm on WilLs, 17y. 
 
 ■if 
 
424 
 
 APPKNDIX. 
 
 
 present at the same time, who at request, in si^ht and 
 
 presence (1) and in the presence of eaclj otncr did afterwards 
 .subscribe <".!!• several names as attesting witnesses tliereto in mir 
 resp<;ctive handwritings (2). 
 
 (2) That the said Will (or eodieil) was so executed at the 
 of in the County of 
 
 (3) That I knew the said E. F., deeeased. 
 Sworn before me, iVc, 
 
 A. B. 
 
 ■'li 
 
 '411 AI-FIDAVIT OF EXKCUTION OF A WILE (OK 
 
 CODiriL) WHEKE THE TESTATOR WAS A 
 
 MAKKMAN Oil BLIND, AC 
 
 (Sti .Sec. 63 ante.) 
 
 {Procfi'd tin in foims iW, iii) and 40 as applicable, doii'ii to the 
 (istcriKk*, tliiit add)" the same having been first duly read over 
 and explained to the said E. F., appearing to thorouglily 
 
 understand and be satisfied with the same, and making 
 mark thereto '' in the presence of, &c. iconcliidiiitr ,;s in sdi,! 
 forms). 
 
 (42) AFFIDAVIT ON UEGISTElUNa PRORATE, .^o. 
 
 tSre sec. ti.H, an':\) 
 
 County of 1 I. of the of in the County 
 
 To wit : J of [ndditiun) make oatli and say : 
 
 That 1 have perused the within {or annexial) papiT writing, 
 and have carefully compared the same with tiie Probate [or 
 exemj)lification of Probate) of the last Will auil Testament {or 
 with the Letters {or exeuiplitieation of Letters) of administration 
 with the will annexed of the iiersonal estate and etfeets) of 
 late of the of in the County of (addition) 
 
 deceased, of which it purjiorts to be a (;opy, and I say the within 
 {or annexed) ))aper writing is a true and e.jrreet cojiy of said 
 I'robate {or Letters of aduiinistration with the will annexed, &c., 
 or exemplilicnition of said Probale or Letters of Administration 
 with the will annexedl. 
 
 Sworn, etc 
 
 |1) Under the Wills Act, IHT.i, the ti'statoi' must sign la fore 
 the witnesses subscribe their names Wms on Exrs.. ',)() ; 
 Walkeni on Wills, ls:{. 
 
 (2) As to what is a sullieient subscribing by a witness, see 
 Wms. on Exrs., 'J:J ; Walkem on Wills, I'.X). ' , 
 
;»PPENDIX. 
 
 435 
 
 (43) MEMORIAL OF DEED TRIOR TO REGISTRY 
 
 ACT, ISGi". 
 
 (Sec sees. 65 ami 06, ante.) 
 
 A JfEMORiAf. to lie lo^'istcrod of an Iiiilrnture made the 
 day of one thoiisiimi ('i;,'!ii Iniinh't'd atiil in imrsnanee 
 
 of tlio Act to facilitate llio c-oiivoyaiicc of Ileal Property (or of 
 the Statute in such ease tnatle and |i!-ovideu|. Between of 
 
 the l-'irst I'arl ( wife uf the said pc.rtv of the First Part of 
 
 tlie Second Part if diid is to be ivith dower) and of the 
 
 Part \vhereny llie ssid imrlv of tiie First Part, for 
 
 and ill consideration of of lawfiil money of C'aii.ada, then 
 
 jiaid hy the said parly of the Pari, to the said party of the 
 
 First I'art, the receipt whoreof is Iherehy uck'iowiedKod, did 
 Kraiit unto the s-aid party of the ))art heirs and assigns 
 
 for over all and sin^'ular that certain ]iareel or tract of land in 
 the of in the in the Province of ('anada con- 
 
 tninir'g hy admeasiucinent [describe the luiids). 
 
 To hav(! and to hoiil the said ahove granted lands and premises 
 unto the said party of the part heijs an<l assii^'ns to 
 
 and f(U' and their solo and only nse forevt>r (if the icife of 
 
 Grantor bars her liuiver, aad) 
 
 And hy the same Indenture it is wituesstid that the said party 
 of the second part wile of the said parly of the first part thorehy 
 barred her dowcr in the said lands. 
 
 Which sai<i Indenture is witnessed hy of the of 
 
 in the County of [addition) imA of the of 
 
 in the County of (addition). 
 
 And iliis memorial is herehy required to he registered by 
 the siiid eiant thcre'in named. 
 
 Witness hand a- d seal Iho day of in ths 
 
 year of oui' T^ord one thousand eight hundred and 
 Signed and sealed in i 
 
 presence of 
 
 A. H. 
 CD. 
 
 [Signatnrc of party registering.) | L. S. [ 
 
 witness, slc 
 
 (U) AFFIDAVIT ACCO:\IPANf IN(I MEMORIALS. 
 
 (Sees. C") and 00 ante.) 
 
 County of 1 A. B., of the in the County 
 
 To Wit: ) of [addition: in tlie within or foregoinj? 
 Memorial named, nniketh oath and saitli. That he was jtresent, 
 and did see the Indenture, to whiidi the said .Meinoiiiil relates 
 duly executed, signed, sialed anil ihlivi retl hy tin; therein named, 
 
 And that he is a suliscriliing witness lo the (>xiH'ution of the said 
 Indenture. That he, this depuneiit, aU-o t^aw thesnid Memorial 
 duly signed and sealed by the then in named 
 for ngistry tlierecjf, which said Memorial was attested by him 
 this deponent, and another subscribing witness, and that both 
 said Instruments were executo.a at the of in the Conntv 
 of . ' 
 
 aworn, Ac. 
 
 ^ A. B. 
 
 1 41 
 
iU 
 
 APPENDIX. 
 
 (45) MEMORIAL OF A MORTGAGP^ (PRIOR TO REG. 
 ACT OF 1865.) 
 
 {S(cs. C/; and 06 nutc.) 
 
 A JfEMORiAL (to 1)0 rp.^rislered) pursuant to the Slatuie of (in 
 Indenture of Morl.<,')iy(', liciiriiig diiio the day of one 
 
 tliou.'<(iiui ti.ijlit iiun(irf'd siud in pursuance of tlic A't 
 
 re,i|.H'i'tiiiL,' sliort foi-niH of Morif;f!;j;cs {cv other Slatiitt; as tlw can' 
 moij hi). 15i:t\v((ii nioM,Kftj;or of llie lii>t piiit ( 
 
 \\\h' of tlie siiid ini'f i;;nt:or of I'.ic scconii jmrt, if niutlj^iv^c is tj 
 be until doifcr) and niorl;,';i;,'ee of tbe pui t 
 
 whereliy it is witn^s.^cd, tluit in fousideraUoii of of lawful 
 
 money ol CaJuidiv then paid by t!ie said iii<irl}:at,'t.'e to ilic .tiii.i 
 morl;.'!! ,'or, tlio rec(ipt whereof i.s ilicreby jK'kno\vled;.'fd, tin- 
 said )noii!^'a;.'or did K'aid. and nnu t^-'a^re untr) '.lie said )n<iii;.Mj:i-i-, 
 ijeirs and a.s.^i;_'ns f(nivcr, all and -iiii,'ular that certnin |).irtel 
 or tract of land and jireio'ses situate lyii'f,' and heinj,' in the 
 of in th<^ Cwuuty of con,aiinng hy adni(at5uruu]t.iit 
 
 (describe tiw lands). 
 
 Provided that niorly.ij^e to be void on payment of of 
 
 lawful money of Cainida with interest at per cent. j)er 
 
 annum as follow.s [inscyf pruvisu tlause fur rcpavtutu:). 
 
 Provided that Ihe said moitj,'iisj;ee, on default of iiayment. mi;.'ht, 
 on notiee, enter upon iuid ^ell the )^.i\iX lands. 
 
 And it is also witnessed that tht; sal. I party of tiie sceiui I part, 
 the wife of the said mortgagor, had I hereby iiarred hen'ower ou 
 the S.I id lands. 
 
 Which kaid iNDENiriiE i.s witnessed by of the 
 
 of in the County of {(idditioit) and of the of 
 
 in the County of (addition). 
 
 And this .Menu)rial thereof is hereby required to be regi>tered 
 by me, th<' said nuirtgagor therein named. 
 
 Witness my hand and seal this day of iu the viar 
 of our Lord one thousand eight hundred and 
 Sign.ed and sealed in \ 
 
 presence of ,£,. , - ,■ . , • i • ■, ^ i t- 
 
 V C) \{^'gnatHrcjj\ party rcgiBtcring.) ■ L. S. 
 
 s't.' i -^ 
 
 (Car The afVulavit accompanying abovu Memorial is ideutical 
 ■with Form (Jlj ante. 
 
 m 
 
 MEMORIAL OF WILL. 
 [See Sees. 65 and 66 ante.) 
 
 A Memorial to be registertd pursuant to the Statu;,e of ihe 
 last Will and Testament of A. B., late of tiie of in 
 
 the County of (additiun) deeease<i in the words and fij/ures 
 
 following: (Copy the will in full, including signatures vf testator 
 and witnesses.) 
 
 And which said will is witnes.sed by C. D., cjf the of 
 
 in the County of {add i lien) and E. F. of the of 
 
 in the Comity (jf (addition). 
 
 And this Memorial thereof is hereby required to be registeicJ 
 
 i'.! 
 
APPENDIX. 
 
 427 
 
 :0 REG. 
 
 ;iatuie of an 
 ui one 
 
 e (if tlif Act 
 ite (IS tlif can 
 It ( 
 
 (io)/.;'(i,;i-' is tj 
 pait 
 
 (if lnwiul 
 e to the suiil 
 nwltHl;,'Ptl, tilt.- 
 lid nxut^-'Hi-'fi-, 
 (citiiin |iaitL-l 
 njr ii\ till- 
 lu)i'asuiuui(.-nt 
 
 t of of 
 
 |nn- ccL't. jiov 
 
 lyuient. mi;-iil, 
 
 II,. hccon'l iiitit, 
 1 lieicloWL-r ou 
 
 of the 
 of the 
 
 of 
 
 be re{:i> 
 
 tereii 
 
 ill tlit 
 
 y..ar 
 
 pis-) 
 
 L. S. 
 
 ial is idfUticui 
 
 Statute oi 
 
 ot 
 
 •as an 
 
 ni 
 
 il tit-'ui' 
 
 ins vf testator 
 
 of 
 
 be vegi 
 
 ,tered 
 
 by me, G. H., one of the devisees therein named lur ^srffluttjra, 
 vr administrators, or guardians, o- trusteetii. 
 
 As witness my hanci and seal this day of inn tlioa- 
 
 fiaud eight hundred and 
 
 Sii^nedand sealed in the] 
 
 presence 
 
 of 
 
 C. D. 
 H. J. 
 
 G. H. 
 
 (47) AFFIDAVIT ACCOMPANYING MEMOHliLL Cff JL WILL. 
 
 (ci'ev Sees. Co and CO ante.) 
 
 County of 1 C. D., of the of in -fiirt (Tonnty 
 
 To Wit : )"of {athl.tion) maketh oath unt. -wuth : 
 
 Tlii'.t he was personally ])re.sent and did see the th«!r";a. aamrtl 
 A. B. <luly sij^'n, seal, execute, pul)lish and declare the ln+a-iment 
 in the within (or fort'Kidnt;) Meinoiial nieulioned 1i' \h tua last 
 Will and Testament, and that he and E. F. of the .if 
 
 in ilie County of yadditiuii) are sulisciiliinK %viLn««H« S) nrn'h. 
 ex(.'Ciiiion tliereof by the said A. B. And he furtht'* «urli diat 
 he was personally i)resent and did see the withiii nuueil ( >. FT. 
 one of the dtvisees in the said Will named K/r esecmic ia-, , ,6c., 
 as the enae may he} duly execute tne within tur foreiiiuiu Kemo- 
 rial for llegistry of the said will, xsu that he and H. J.. of 
 
 the of in the County of {addition} un- ^u^mmhixxg; 
 
 witnesses to the execution of the said Memorial, a*1' mnu: hotli 
 said Instiuments were so executed at the trf in. eke 
 
 County of 
 
 Sworn, &c. C- D-. 
 
 (48) MEMOllIAL OF INSTRUMENT EKDOJiBEl' 
 
 ANOTHEi!. 
 
 TZ'ij^S 
 
 {See paf^e 174 ante.) 
 
 Mkmorial to bo Ke^istered of an Indenture daled 'uXn 
 day of one thousand eight humh'ed and +ixdi';rse(l 
 
 upon an Indenture dated tlu! day of out ■siiviiwuid 
 
 eight hundi'etl and made between A. B., of the -f 
 
 in the County of {addition) of the first part uuii >*. D. of 
 
 the of in the County of ((i</(/(7;(;/() oi the M-cunl pint. 
 
 'i he Indenture of which this is a Memorial it- main itT-veea 
 the therein within named C. J), e.i the first jiart and E. J -.r riia 
 of in the County of \additiou} of the m;(:;uiI oiut, 
 
 whereby it is witnessed that the said C. \). for. and in ciUMUieriv 
 tion of the sum of of lawful money of Canada iidie ijwtwpl: 
 
 whereof is thereby acknowledged i liy the said Indenture \i -v-Viw.h. 
 this is a Memoiial did grant unto the said E. F., kifc ii*un iiml 
 assigns for ever, all and singular the lands and }inanwt«?t '.nm- 
 prised in and conveyed by the Indenture upon viuct -huiI 
 indenture, of which this is a Memorial, was endorseti vjii :ius 
 appurtenances, and which land and premises are «e«(i"ii«ii. ,ui 
 follows, that is to siy: {insert descriptlun frum im ii.uir-.ail 
 Indenture). 
 
 To have and to hold the said above granted laudv and jctnuut^ii 
 
428 
 
 APPKNWX. 
 
 unto tlio Raid E. F., hia liiiis mid asfiigiiH, to aud for Lis nnd 
 their solo (iiul only use forever. 
 
 Which said Indenture, of whieli this is a Memorial, is wit- 
 iKssedhy of tho of in llit? County of [additioii] 
 
 and of the of in tic County of {(uUiitiun.) 
 
 And this >reniorial is herehy veciniied to lie registered liy 
 the said t^riint therein unined. 
 
 Witness my hand and seiil tlie day of in tlie year 
 
 of our Lord one thousand ei),'lit Imnihxd and 
 
 Si^neil and sealed iu'j 
 pre.senco of ' Sif>ii<itiiri of party rrnisltriiig. — ■ — 
 
 B. 0. \ .' J , 1 
 
 s. T. ) r";^) 
 
 CSf" Tho Afiidavit accompanying this Memorial is identical 
 with Form (41) ante. 
 
 
 (49) CERTIFICATE OF niSCHAr.dE OF MORTGAGE TO 
 PURCHASEll AT SHERIFF'S SALE. 
 
 (Sec pa,s;c im ante.) 
 
 To the Registrar of the County of 
 
 I, A. B., of , do certify that C. !>., of , who hns 
 
 become the purchaser of the interest of E. F., of , has sat- 
 
 isfied all money due upon a cerlain moilf,'age made hy the sai'i 
 E. F., to me, hearing date the day of , one (hnusiiid 
 
 eight hundred and and registered at of the cl<;tk in 
 
 the noon (ns the case may be) of thi^ day of , in 
 
 •he same year (or us the ease may be), aiul that sueli mortgage is 
 therefore discharged. As witness my uand, thin day of 
 
 , one thousand eight hundred and 
 
 (Signed) A. B. 
 
 E. H., of , I ^vitnesaes 
 
 G. H., of 
 
 (50) REQUEST BY BAILIFF TO THE DIVISION COURT 
 
 CLERK. 
 
 (See Sfc. 71 ss. 3 ante.) 
 
 In the Division Court for the County of 
 Ko. A. D. 188 . 
 
 Between A. B., riaintiff, 
 
 and 
 C D , Defendant. 
 I hereby request you to affix the seal of this Honorable Court 
 to a Certiticate (or partial certificate) of Discharge of a certain 
 mortgage dated the day of A. D. made by E. F. of iS:c., 
 to the above named C. D., which was seized and taken in execu- 
 tion by me i.nder a warrant of execution issuing in tliis cause 
 against the goods and cliattels of the said defendant C. D., the 
 Biiid E. F. having paid me the sum of being all (or part) 
 
 of the moneys secured by said myrtgage. 
 Dated the day of 188. 
 
 Yours, 
 To K. L., (i- H., 
 
 Clerk of laid Court Baihfl. 
 
APPENDIX. 
 
 429 
 
 or Ilia fiml 
 ■iiil, IS wit- 
 
 {^(Ulditii'll) 
 
 {ijtliiition.) 
 ed by 
 
 in the yonr 
 
 is itk'iitical 
 
 TGAGE TO 
 
 (51) FORM OF SFIRUIFF'S DEED ON SA.LE FOR TAXES 
 I'lUOH TO 32 VIC , CAP. 36. 
 
 (Sc'f pa^c 2S7^ante.} 
 
 These are to wituess that iu cousiJeration of the 8iim of 
 paid to me by A. B., of , Ac, hein;.; the ])iirchaser at jtnblic 
 
 tuetioii of the parcel or tract ot laud hereinafter mentioned, Hold 
 to i)ay assessments under a W)it to me directed, aecnrdinK to the 
 law in that belialf, ], C. D., Siieriff of the County [ur District) of 
 do, by these presents, K''ii"t, barj^'aiu and sell unto tlie 
 said A. 13,, his litMrs and assi<,'ns {describe the parcel uf liiiid said.) 
 
 To have and to hold the premises hereby bargained and sold, 
 and all bemtit and advanta^'e thi'reto helon^'int,' unto anil to the 
 use of the said \. B., his heirs and assi^-'iis forevi-r. 
 
 In witness whereof I have hereto set my band and seal of 
 office this day of in the year of our Lord 
 
 Si^'iied, sealed and delivered ) ,• — ' — ■, 
 
 iu the presence of . |- C. D. j L.S. r 
 
 , who hns 
 
 , has sit- 
 
 1,> by the said 
 
 one (honsiiid 
 
 ,f the clock in 
 
 of . >." 
 
 th niorttxnjje is 
 , day of 
 
 A. B. 
 
 5I0N COUHT 
 
 riaintiff, 
 
 PcfcndiUit. 
 norable Court 
 re of a cert ilia 
 V I''.. F.of i'^c, 
 Iken in execn- 
 . in this cause 
 ant CD., the 
 g all ior part) 
 
 H., 
 
 BftiUff. 
 
 (52) 
 
 FORM OF TAX DEED. 
 
 {See page 2^7 unte.) 
 
 To all to whom tlie^d Presents shall eomt : 
 
 We , of the of , l^squiie. Warden (o*- Mayor), 
 
 and of the ot , Esiiuiru, Treasurer of the County 
 
 [or City or Town) of , Send Greeting : — 
 
 Whereas by virtue of a wariaut under the hand of tlu? Warden 
 [or Mayor) and seal of thit said County (or City or Town) bcarin*,' 
 date the day of , in thi; year of our Lord one tlioustuid 
 
 eitjht hundred and , comniandint^ the Treasurer of the 
 
 said CoiDity (d/- City o;- Town) to levy upon the lands hereinafter 
 mentioned, for the arrears of taxes due thereon, with his cost*, 
 the Treasurer of the said County (or City ur Town) did, on the 
 
 day of , iu the year of our Loril one thousand i'it;ht 
 
 hundred and , sell by public auction to , of the 
 
 of in the County of , that certain parcel or tract 
 
 of land and premises hereinafter mentioned, at and for the )trice 
 or sum of of lawful money of Canada, (Ui account of the 
 
 arrears of taxes allej^'ed to be due thereon uj) to the day uf 
 
 iu the year of our Lord one thousand eight hundred and 
 
 , together with costs : 
 Now know ye, that we, the said and , a.s Warden 
 
 (or Mayor) and Tieasurer of the said County [or City or Town) 
 iu pursuaiK^e of such sale, and of " The Assessment Act,'' and for 
 the consideration afor,';aid do hei'eby grant, bargain and sell 
 unto the said his heirs and assigns, all that certain ])ar('el 
 
 or tract of laml and premises containing , being ccunjiosed 
 
 of [describe the land so Ihnt the same may be readily identified.] 
 
 In witness whereof, we, the said Warden (or Mayoi) and 
 Treasurer of the sai I County [or City or Town), have liereunto 
 set our hau.ls uud al'lixed the seal of the said Couuty (or City or 
 
 I 
 
 m 
 in 
 
'I 
 
 480 
 
 APPENDIX. 
 
 M, 
 
 Town) this day of in the year of our Lord one thousand 
 eight hundred and , and the Clerk of the County lor 
 
 City or Town) Council has counteralRned. 
 
 A. B., Warden, . ■ . 
 
 (or Mayor), f Coriiorato ) 
 Countersigned, C. D., Treasurer, I Seal. ) 
 E. F., Clerk. " ■ 
 
 (53) MEMORANDUM TO BR SKiNEO BY PERSON OR 
 OFFICER OF CORPORATION FILING PLAN. 
 
 (Sec. 8'2, 6's. 2 ante.) 
 
 Signed hy me, A. B., of the of in the County of 
 
 ((idditinri) the owner (or one of the owners, or ehief ofliccr 
 of (niimc of corpordiion) of all that part of tlie of Lot 
 
 nuiuher in the of in the County of (hereby 
 
 laid out and surveyed hy C. D., Es(i., P. I; S.) in whoso behalf 
 this map or i)lan is filed in pursuance of " 'J'ho Registry Act '' 
 and atnendnients thereto. 
 
 Dated the day of , A. D. 188 . 
 
 Witness, ) A. B. 
 
 E. F., I 
 
 (54) CERTIFICATE TO BE SIGNED WHEN PLAN FILED 
 ON BEHALF OF MUNICIPALITIES. 
 
 (Sec. 81 iintc.) 
 
 We hereby certify that this map or plan of all those parcels of 
 Lots numbers and in the of in the County of 
 (hereiiy laid out and surveyed by C. D., Esq., P. L S., under the 
 provisions of " The Registry Act ") was prepared according to 
 the direction of the Municipal Corporation of the of 
 
 and in accordance with " The Re^'istry Act." 
 
 As witness our hands and the ccuporate seal of said Munici- 
 pality this day of A. D. 18 . 
 
 Witness ] Signature of Reeve (or Mayor, , - — '— ^ ^ 
 
 Signature of Clerk. -, L.S, 
 
 I 
 
 55) FORM OF SURVEYOR'S CERTIFICATES OF PLAN. 
 
 (Sec. Mante.) 
 
 This plan is correct, and is prepared according to the direction 
 of the Municipal Corporation of the of and under 
 
 he provisions of " The Registry Act.'' 
 
 Signature of the Surveyor. 
 
APPKNDIX. 
 
 481 
 
 ne thousand 
 County {or 
 
 Corporato ) 
 Seal. ) 
 
 RSOX OR 
 'LAN. 
 
 le County of 
 ■ <!liief olliccr 
 of Lot 
 (hcrcliy 
 .•hose belialf 
 egistry Act '' 
 
 A. B. 
 
 jAN filed 
 
 se parcels of 
 muty of 
 i., under the 
 according to 
 of 
 
 said Muuiei- 
 
 jr, 
 
 L.S, 
 
 OF PLAN. 
 
 the direction 
 and under 
 
 Surveyor. 
 
 
 I 
 
 f" 
 
 (56) BEQUEST TO CLERK OF MUNICirALITY TO CAUSE 
 PLAN TO BE MADE AND REGISTERED. 
 
 (Sec. 85 ante.) 
 To A. B., Esq., 
 
 Clerk of the Municipality of 
 Sir, — 
 
 In pursuance of the provisions of the Repstrv Act I liorehv 
 request the Municipality of to innned.ateh. cause aThua 
 
 o the Town {oy Incorporated VillM-e, or Unin.'orporat.Ml VilW) 
 
 . • 1 1 p "] *''*; '^'"""''' °^ *" '"■' '"'^'l'' upon the scale 
 
 proyuled for hy that Act, and to cause the sa.ne to he rcKist.'red 
 
 aitinn 7i'/iic/i such town or villuir,- lies). 
 Dated the day of iys 
 
 Yours, 
 
 C. D., (the Inspector or 
 '^ny person interested.) 
 
 (57) JUDGE'S CERTIFICAi'E OF LOSS OF BOOKS. 
 
 {Sec. 86 ante.) 
 beforemthv'"''^^^' ^''"* ^'^'i'^f/'^tory proof has been adducc'd 
 
 .. .'i;Ltru™entsa.^;.:!^i;;;Ti.:^h^ 
 
 Registration Division) described as follows, that is to s![y : ^ 
 
 were histK destroyed) prior to the f<,urth dav of March IrtCS 
 |uul that the monu.rials of such instrun.ents are not 'Sheom: 
 
 ^^ In witness whereof I have hereunto set my hand, this day 
 
 . , A. B., 
 
 Judge of the {name of Court of Record). 
 
 (58) REt;)UEST FOR STATEMENT OF FEES. 
 
 To 
 
 [Sec. 94 ante.) 
 
 '''''' ^^iSZ^' ''''''''' ^^«'^'^^^ ^' ('"'"- or Registration 
 Sir,— '' 
 
 followin,^ inst uuut •' Ua "V'''"'* *V^'^'!'-"'^^'"''"" "^ '''« 
 respect :;f the S.^„«t l ^ '^'S/^in'''^ "'"Y^' ''^'' '" 
 f5r.nedat.yi..tanceaidreqSta;riS^e?;;;.:r;:qS 
 Dated the day of lag 
 
 A. B. 
 
 (or C. D., Agent for A. B.) 
 
 i! 
 
4S2 
 
 APPENDIX. 
 
 (59) REQUEST TO REfHSTlJAll FOR PAYMENT BY 
 COUNTY TKIiASUUKU. 
 
 {S,'c. y.'j (tiite.) 
 
 lioglfltry Oftiop for tin' (nnmr of Ri'^istrnlion Division), 
 
 liny of IHS . 
 
 To the Troasurur of iho of , 
 
 Sir — 
 
 I licreliy rciiiust payniciil from the miinicijinlity of of 
 
 tho sum of (lolLirs, liciiij,' the iunmiut of feo;? aiul allow- 
 
 ances due to iij" fiom the miiniciiiiility of for sjrvici'3 
 
 reqnin'il of mul iii'rformi'd l)y me as R^'^istrar of the of 
 
 uuilcr the; section of tliu Registry Act. 
 
 Yours, 
 
 A. 15., Rotristrar, 
 {ur Dipiity Rfgistrdf.) 
 
 
 
iPPKNDIX. 
 
 488 
 
 Al'I'HNDJX B. 
 "ST OP xxsxnu>r..rs ,.:„•„... to u. u.aisxKu.n ..oKn 
 
 VAllloU.s STATUIE.S. 
 
 AGltEEMENTS, 
 
 Relating to lino f,,,ic.,,H, . T? c, /,-».♦ ^ 
 
 " " Sdiool site's i\, • (»»t.), e. las, s. 12. 
 
 ALiExs; •'^^"'--"--'-•--"- '• ^.f^k::ft 
 
 ^^^^Ce.UfieatesoruatanUi..tionuf,..^ 7. 
 
 <Ji''li.'i's !iu,l dvcvwH f,.r, 
 AJiDiTliATION, 
 
 (Ij ^lo a ,nuula,u of ast.tl.Iislun.nt of boinl of 
 
 *ASSL'i:..VNCES OE ESTATES TAIL, (I) 
 
 (1) Assi-n,a,.nt.s ofleasfholds, 
 
 {;jii)oua.sMi.)„.intin^^a,,rot,'clor, 
 H Ton "^ """^^'"t l,y p.otuctor, 
 
 K. S. (Out.), c. 40, s. 4G. 
 
 ASSfGNMEXTS OF J)0\VEU, 
 
 Soe Dower. 
 AWARDS. 
 
 If. S. (Out.), e. 100, s. .'iO. 
 c'. 100, s. 30. 
 " " c. 100, s. 21 
 
 " C-. nil), s 35. 
 
 0. 101), .s. ao. 
 
 (1) Of f, 
 
 (2j Of 
 
 encoviewors, Matin;<tofeacos,..K.s. 
 
 iirliitnit 
 s^chool sit 
 
 [•■i) Of f, 
 
 »■«, relating t 
 
 Lil-s, 1-2U, 
 ucoviowcrs, rulutin- to 
 
 (Ont.), 
 
 c. V.IH, s. y. 
 
 li. S. (Oat. 
 «s. 7, & s. 13;] 
 
 , c. 20 i. 
 
 12: 
 
 JOli 
 
 s. 7 
 
 ss. l.S-L>-i. 
 
 watercourses 
 
 SOG J 
 
 BY. 
 
 (1) 
 
 LAWS 
 Author 
 
 oiNT Stock Comi'aniks— O; 
 
 li.S.fO 
 
 VAiao i)i;Ai.\A(iE. 
 
 "t ), c. ILII). 
 
 12. 
 
 •iziagis.sueof (lebuatui 
 
 (•^) C! 
 
 Wat 
 
 lav 
 
 ^^r I'lpos, &c 
 
 iiig of .-as 
 
 ■L's,..R. .-..(Out), c. 170, 
 
 and 
 
 c. 1/ 
 
 ;j;S2;"«.!=l;'S;;^"'^-<°""-"^.««' 
 
 ss. 2i 
 
 s. 1. 
 
 property, 
 
 private 
 
 ,4(J, 
 
 c. 174, s. 507. 
 
 (1) SeeDumblev. Jolinsou<.(!aZ 17U r P t 
 Estate, 14—1. Cii. R., 452. ' '■' ^■^•^■'^- In n- Picrre'^j 
 
li;;;y.iHi 
 
 
 484 
 
 APPENDIX. 
 
 CERTIFICATES, 
 
 (Ij Of his i'.'iidfnH, (I) 
 
 fcifl! .loiNT SrofK (JoMPANIEB, 
 
 " MiuirANic's IjIksh, 
 
 " {'NiAiiio HiiAiNAfiK Act, 
 
 " Maiuuki) \V(jmi:n, 
 
 " rAiiiniiiN, 
 
 " yuiKTINO TlTr,E8. 
 
 OO-OPHUATIVE ASSOCIATIONS, 
 
 Curtificiito of aiiprovn' of rulos, .. 
 " iilti;riitii)ii of ruli^s, 
 " " incorporation. 
 
 DOWER, 
 
 (1| AssifTiimont of, l)y iiKi'i-'oiiiont, 
 (i) OnltT ilispi'iisiii;,' with, 
 (8) Ri'port <if Coiiimissiouor, 
 
 R. S. (Out.), c. 10, H. 90. 
 
 R. S. (Out.), c. ir,8, s. 0. 
 " " " s. 7. 
 
 ' HH. 1-t. 
 
 C. Di), H. !>. 
 , lt2(),SS. HIO. 
 
 c. 5.5, 8. 3'J. 
 
 c. IKJ, 8. 78. 
 
 38 V. (Can.),c. IG, s. IS). 
 . " " " s. (iO. 
 . " " " H. ;i(). 
 
 . " " " 8. ly. 
 
 R. S. (Oiit.),c. 154, 8. 2. 
 
 DEPOSITIONS, (•>) 
 
 Taken before a Surveyor. 
 INSOLVENCY, 
 
 (1) Deed of iissiKument, copy of, 
 
 (2) " " rcoonvoyiunjo by Assignee, 
 (H) " " triinsf.T, 
 (■1) Writ of attachuient, co]iy of 
 
 JOINT STOCK COMl'ANIliS, 
 
 (1) For Constudction of I'ii:rs. 
 
 Instrumont of, associiition of, ., 
 
 (2) Fou lOuKcrioN OF ExiiuuiioN Bi'ii.dinos. 
 
 («) Instrument of Incorporation of, R. S.(Ont.),c. 155, s.2, 
 
 (b) Resohition.s increasing capital 
 
 stock of, .. .. 43 Vic. Out., 0.18,8.2, 
 
 (3) ESTABU8UMENT OF CeMETKRIES. 
 
 ((() lustrument of asso('ialion and 
 
 Trcasur.r's receipt, . . R. S. (Out. ) , c. 170, a. 2. 
 (h) Letters I'atent, incorporating,. . 4.'} V. (Ont.), c. 23, .s. G 
 
 (4) For Gas and Water. 
 
 (<i) Bvlawsof R. S. (Out.), c. 157, s. 4 
 
 (/;) r.i'.port of, " 
 
 (f) Statement of association of, " " 
 
 [il) •' " objecti')n to 
 
 payment of dividend, . " " 
 
 For Roads. 
 
 ((() Certificate to jnirchaser of, " " c. 
 
 (6) Instrument of incorporation 
 
 of companies, . . . . " " 
 
 (c) To purchase roads and treas- 
 urer's receipt, . . . . " " 
 
 (1) See cases cited on p. 128 ef seq. 
 
 (2) See Mauary v. Dash, 23 U. C.R., 580. 
 
 (5) 
 
 8. 23. 
 
 8. 4. 
 
 152,8. 121. 
 " 8. 4. 
 
 " s. 57. 
 
 (t '■ 
 
APPKNDIX. 
 
 JOINT STOCK COMPANIEH {Conthued). 
 
 (d) InHtMitiioiit of CioiiRolida- 
 
 tioii i)f, . . . . . , (I 
 
 (e) Recorn of awftrds roIatiiiR to 
 
 Innds. . , , ^ „ 
 
 (0 Ht'solufioiiH of, coi)C(.niinR 
 iiii|>i-ovcin('nts of ihikIs 
 and iiiflnifiKo of ciiiMtnl, , " 
 (fij Foil Transmission of Timhrh. 
 
 ('/| c:(iiisciit to form coiiipnny " 
 (h) riistnimoiit of iiioorpoiiitifn'i 
 
 witli ticiisnri'i's receipt, . " 
 {<•) List of new sliiireli(,l,l,.rs, ' " " 
 Id) Hecord of awurd, .. 
 
 (7) WlNIilN(t V]\ 
 
 Certified copy of resolution or 
 order, 
 MAPS. 
 
 485 
 
 8. fil. 
 
 ft. 26. 
 "ss.Sl./JS. 
 
 C. loH, H. -1. 
 
 8. no. 
 
 8. n 
 
 41 V. (Ont.), c. 5, 8. 7. 
 
 (1) Lands in Township, .. 19 v /n * ^ 
 
 MAIUIIE]) WOMEN. 
 
 |JiS":f;;::.;:£,;'' >•»"::'"■ «;,*^. (o.,.,), «, i.., . » 
 
 (^j " ■• dispel, siiif, ^vith execution 
 
 In- liiisbiind „ 
 
 MECHANIC'S INSTITUTES, 
 
 Declaration of intenti,.n to establish, " 
 
 MECHANIC'S LIEN, (1) 
 
 (I) Certificate of discharge of lien, . . " 
 
 H. 10. 
 
 " c. 127, SH. (J, 7_ 
 " C. 108, s. 2. 
 " c. 120, s. 0. 
 
 (2) Certilicate of institution of proceed- 
 
 0^) Ouuf ^HcatinK^lion " ' ••'''*■ IP'^l^^'^^'' ^^' ^"- 21. 
 
 (4) Statement and aHid/.vit of chum (2) .' ^""l'''' '".''"' ".-'i- 
 xMOKTGACiES, ' *"■'"• 
 
 (1) Prior to patent, t, - ,,. , 
 
 {2} Notices of Sale under power," .. ^2 V^^i^ ) " '^j,'- 'f* 
 MUTUAL INSUKANCE (COMPANIES. ^' ' ' 
 
 Hesolutions to establish. 
 ONTAIIIO DRAINAGE, 
 (1) Assessment Koil, 
 
 (2j Award of Arldtrators, " ".. 
 
 (3) ^t-rtiticate of dischargo of rent charge,' " 
 
 (1) See Arnold! V. Gouin 2'? (ir m i • p„, f ^ ,, 
 58-1 ; Burritt v. lienihan, 25 Gr^m ' ^""*"^« "• ^"l'' ^^ ^r., 
 
 (2) See Currier V Fripdriel- 'o') r,. o<o ti 
 
 Hotel Co.. cUed HolmeS Me'cilulc'; lie ' Act.^S.''''^'^*'^'^ 
 
 R.S. (Ont.),c. 101,8. 7. 
 
 e.;38, s. 21. 
 
 " s. 28. 
 s. 44. 
 
 I 
 
486 
 
 APPENDIX, 
 
 c. lU.s. U. 
 c. 41),i(. 11. 
 
 c. liil.s.'J'J. 
 '• H. 0-2. 
 
 8.07. 
 
 
 
 a. 50. 
 a. M. 
 
 c 
 
 < t 
 
 , s 1. 
 s. 7. 
 s. 9. 
 
 
 s.l 
 
 »^.2. 
 
 OUDF.US, 
 
 (1) 0/ J 11(1)^0 allowing uhu of water priv- 
 
 ilfKi's. 
 
 (2) Or Unit; to Hut usido frauiliilunt coii- 
 
 vcyiiucua, . . . , . • " 
 
 I'AUTITION, 
 
 (1) Allowani'i' of I'citiliciitu of, .. " 
 
 (2) A}i|ioitioninb' fostn ill, onler, .. " 
 (iJ) Cfrtiticiiti' of ilisclmi't,'!^ of in"rt(^'ii;^o 
 
 liy the Siirro^'iiti' Court Jiiil;;!', . " 
 (4) Coiivi'yaiicu h\ tho real Ilciirt'st'iita- 
 
 tlve, ■■ .. .. .. " 
 
 {!>) Ripoit liy tlio rt'iil rc'proaeiitativo, . " 
 
 rAltTNKUSlIll', ill 
 
 SI) Declitr.itiou of foriuiitioti of, .. '' 
 
 2) " " (lissoliitioii of, .. " 
 
 (8) " " iioii iissociiithJii ill, . . " 
 
 (4) Authority to siyii for absuiit iiartiea, " 
 
 PLANS, 
 
 Sec Maps. 
 
 QUIETING TITLES, 
 
 (1) Apiilicatioii to invostiKute faets, .. 11. S. (Ont.),c. 1:^0, h. 36. 
 
 (■-) {.'crtil'u'ati' of Miiplicatiou title, .. " " " **•''• 
 
 (:)j CcrtilicHtc of titk', .. ' «■ ■■^7. 
 
 (IJ Conveyance, ' «• '■'^^ 
 
 li.ULWAVS, 
 
 (1) Deeds „f Rput clmirc " " c ICo, s. 17. 
 
 (■2) Mai>.s, iiLiiisainlpiotilesof. ..11. S. (()ut.),c ICi."), s. 10, ss. 13, 
 
 ,also Il-2 V. (Can.), c. 9, a. H, sa. 13. 
 
 EELKHOUS IXSTITUTIUNS, (2) 
 
 (1) Conveynnco to Tni.^tees U.S. (Out.), c. '2U, s. If). 
 
 (2) lleeoril of luoceudiuKs at meetings, " " c. '210, s. 11. 
 
 (3) ■' " vaiyiuf,' trusteea, 12 V. (Ont.),c. 30, s. 4. 
 
 RESOLUTIONS, 
 
 SoG .Toiut Stock Coinpanies 2, 5. 7. 
 " Mutual Insuranci; Ctuupauies. 
 " Reli'-iouH In.stitutiona. 
 
 (1) Soo Cassidy, q. t. v. ; Hcnrv, 31 U. C. P. ; Pinkorton, q. t. v. 
 Ross, 33 U. C.R.. .WH. 
 
 (2) See as to reRistratioii of convoynnoes forrolipious purposes; 
 In re Tho ^letliodist Episcopal Church rrojierty in Streetsville, 
 1 Ch. Cham,, 305 ; In re Tli'^ Second C\)n^;ri'{,'ational Church 
 Property Toronto, 1 Ch. Ciiam., 311) ; In re Tiie Hajitist Church 
 Pro])ertv, of Stratford, 2 Ch. Cham., 388 ; Doe d. Bowman et al. v. 
 Cameron, 4 U. C R.. 155; Hallock v. Wilson, 7 U. C. P. 28 ; 
 Hamhlv V. Fuller, 22 U. C. P., 141 ; Moreer v. Ilewaton, et al,, 
 9 C. P.^ 349. 
 
^0, s. 36. 
 
 8. 0. 
 
 s. 27. 
 
 APPENDIX. 
 SCUOOLH, 
 
 ii'^. (Out.j, 0.201, s. i-j;!,,..s.7', 
 (3) ^'''.".^■;;>'«"'''' t" trust, (s f,,r sH,,,,,! ^''- ^^"' ^•'- 7.' 
 
 •• ^i- S. (Out,), (M.'(»7, s. ;). 
 
 487 
 
 IHirpdscs, 
 UNIVKliSITV DEEDS, .^c , 
 
 DeedH, do., oxecuted l.y Bursjir. . 
 
 " c. 211,s. 8. 
 
J8S 
 
 APPENDIX. 
 
 APPENDIX C. 
 
 TAUIi-F "V FEKS. 
 
 Note. — Rpt^'istrnrsare not eonii itnl to the fees and emoluments 
 \vlii('li are enumerated in tlie !( ;nd seetion of tlio Ue^'isti'v Act. 
 By various other Statutes they li'e reciuired to re^^iiter ])articulav 
 instrunu'uts, and tc perform oei'tain (hitie.s, other tlnm tliose i)re- 
 scribed by the llet,'isti y Act, and their fees and emoluments for 
 so doing are generally jirovidi^d for by such Statutes. Wlnre 
 lu'gistrai's are allowed a stipulated and fi.xed U'l' for registering 
 an insli-uiuent un<h'r any Statute, other than the Registry Act, 
 they cannot, as a general rule, charg-' a larger fee. If, lio\vev<'r, 
 such an instruu,ent does not comply with thi' form prescriljcd 
 ii,' the Statute which reiiuires its registration hut contains 
 fiiroign matter, full registration fe«i as undev the Kegistvy Act 
 can be charged 1). Wnere, by any Statute^, an insiruri'ut is 
 reciuired merely m \>o tiled in the llegistry Oilice, no dut;- In ing 
 cast upon the Kegistrar beyond the sinaple reception and filing 
 away of such instrument, and no fee is preacnoed by such 
 Statute, it is submitted that the llegistrar is not, uiuler su' h cir- 
 cumstances, entitled to any fee therefi)r. The tariff coutainec' hi 
 this ajipendix is, for conv''iii.;,-3e sake, classified into three i)art- , 
 the tir.s,'. part including tlu i'ees allowed under the lirst sub-s'.c- 
 tiiui of the 'J'ind section of all instruments other than those 
 apecitically mentioned in the second and third parts. The fees 
 for the registrations and services referred to in the remaining 
 subsection of the !)'2nd section, as well as those which are pre- 
 scribed l.y various Statutes are included ir the second ])art; and 
 those instrunu .its which are recpiired to be tiled only, and for 
 which Registrars do not ajipear to bo entitled to demand any fee, 
 are enumerated in the third jiart. 
 
 PART I. 
 
 Fees prescribed by the 92nd Section — sub-section I. 
 
 (a) P'or the necessary entries and certificates in register- 
 ing every instrument (other than those referred to 
 in parts '2 and H irifr<t) including the certificate 
 on the duplicate, if any 80 40 
 
 For registering every instrument (other than those 
 referred to in parts 2 and 6 Infra) not exceeding 
 700 words 1 00 
 
 W'hi're such instruimait exceeds 700 words for each 
 iidditional 100 woids or fractional p.irt thereof, 
 u}) to 1,400 words 15 
 
 For every additional 100 words or fracticuial part 
 
 thereof over 1,400 words . . 10 
 
 (h) Where the instrument include^ different lots situate 
 in different localities, the registration and copying 
 
 (Ij Ward V, Midland Railway of Canada, 35 U. C, R., 120. 
 
APPENDIX. 
 
 489 
 
 of such iiicludinR all necessary piitries and cortifi. 
 catt's thereof into tlio ililTcnMit Hct^'istry Btioks, 
 beiu},' Cdnsiiiered soi)nriite and disliuot registra- 
 tions, the cliarge is as foUnws : 
 
 For the necessary entries and (.'ertiticates 49 
 
 As to each of such sejjarato n.'gistrations f(jreaeli 100 
 words or fractional part thcridf not (exceeding 
 
 I.IOO words 15 
 
 For every additional 100 words or fractional part 
 
 thereof <)V<>r 1, 100 words 10 
 
 For convcnii'iic(! sukc; the follc)wing table is inserted. It is 
 calculated for iustni.ueiits not exceed';;'!; twenty folios, and not 
 rtMpiiriu^; re;-;istration in more than > i\ si'parate J{ej,'istration 
 
 Books in the Ut uistration Division. Where an instrument either 
 excei'ds tliat nuuiliri' of folios, or re([uires more registration, the 
 additional fers can, cd' course, he easily ascertained: 
 
 Folios. 1. '-'. 3. 4. r,. 6. 
 
 7 and uuder.. SI 10 S2 ")(» f.i .", ^.^ m $r, i).> % 70 
 
 7 to 8 1 r>r, 2 so i (Mt ;■) -JO 10 7 (;o 
 
 8 to >J 1 70 .'5 -io -1 1.1 ;-j ,S() 7 1.5 8 .10 
 
 ft t:, 10 1 »■', 3 10 .1 DO .to 7 <j() 9 10 
 
 10 In 11 2 DO ;{ 70 o a.i 7 00 h cr, 10 ;!0 
 
 11 to 1-2 2 15 1 00 r> so 7 CO "J 10 11 20 
 
 12 10 18 . . . 2 ;!0 1 ;{0 () 2.1 H 20 10 15 12 10 
 
 13 to 14 2 1.1 4 (iO 070 8 80 10 iiO 13 00 
 
 14 to 15 2.15 4 80 700 !) 20 1140 13(10 
 
 15 to 1() 2 (il 5 00 7 30 <) CO H >)() 1 1 20 
 
 KUo 17 2 75 .1 20 7 Co 10 00 12 10 14 .-'0 
 
 17 to 18.... 2 S5 5 40 7 90 1(1 10 12 OO 15 40 
 
 18 t. I'.l 2 115 o (10 8 20 10 ,.() 1;! 10 1(1 00 
 
 It) to 20 3 05 5 80 8 50 11 2u 13 DO iC 0(3 
 
 «o 
 
 40 
 
 1 
 
 00 
 
 
 15 
 
 
 10 
 
 20. 
 
 P.MiT II. 
 
 Fees for the Registrations and Servict s referred to 
 remaining suh-sections of U2iid sec. of the llegistry Act, 
 as those whicli n 'i prescribed by vaii(jus Statutes ; 
 AnsTijA': .'. 
 
 Drai: iu;i ('oiituiaing such particulais as the party 
 sei'(;l ig nniy reiiuire) including certilieate 
 
 If abstract exceeus 10') words, for each additional 100 
 
 word'-' 
 
 Abstuact Index. 
 
 Searches relating to the title of any lot as originally 
 patented by the Crown, or as afterwards subdivided 
 iuto smaller lots, shewn by any registered Map or 
 Plan, not exceecling four references (1) 
 
 Each additional reh.'i-ence .... - 
 
 Not to exceed in the whole 
 
 ALPn.\itETic.\L Indkx. 
 
 Searching fur each name in the books of any one 
 
 Townsliip or other legally detined .Munici})ality . . . . 
 
 General search for each name not to exceed 
 
 (1) See pages 371-2, a«/<.'. 
 
 in the 
 
 as well 
 
 $0 25 
 15 
 
 1) 
 2 00 
 
 25 
 1 UO 
 
440 APPENDIX. 
 
 ARBITItATIOK. 
 
 MciiioriiiKluiii of cstablisliing board of, Ijctween Mas- 
 ters iiiid Scrviints 2 00 
 
 By-Law. 
 
 Cliiint.'ii)j,' n!iiii(> of street 1 00 
 
 Aiulioriziiij,' issue of Del)f'ntures, see Debentures.. . 
 
 CERTII'ICAI K. 
 
 Of |)isili!Mi.'o of M(irtf.rii;-'i' 50 
 
 Of Discliarjiu of Itciit chiir^o ,'0 
 
 Of i)avimnt id' Tax( s •^-, 
 
 Of )ir(i(X'i'iliiif,'s or ilccrrcs nf any Court uiidi'r Act rc- 
 liitiiij; to l{cf,'istiati(Ui(if l'artu(rslii])s, see I'aiitnkr- 
 
 SIUl' 
 
 Other cortilieates oO 
 
 Coi'lKS. 
 
 Cojiies of Iii^tiuiuents for each 100 words and frac- 
 tional part tin reof (including certificate) 10 
 
 Under sees. 2.S, 31 and .'W for each 100 words 10 
 
 Debkn'tuuks. 
 
 Certified copy (jf T.y-law authorizing' issue of 2 00 
 
 Each return relating thereto 1 0<J 
 
 Name of each holder or transferee of any inimber of 
 
 delientnres not exceedin<_; live 1 
 
 Over live and not exceeding fifteen. ... 6<.> 
 
 Over liftei II auil not exceeding thirty 70 
 
 T'jiwar.ls (jf thirty 1 OO 
 
 Seari'li inspecting ea(di copy of By-Law aud examin- 
 ing eiiti ies connected therewith 1 00 
 
 sirioNS. 
 
 ken i>efore a Surveyor 25 
 
 :u. 
 
 tort of Commissioners in action of ?1 UO 
 
 [irriNc. 
 
 ■Ai originnal instrument inchnling search 10 
 
 tli niaji or plan 10 
 
 Stock Compamks. 
 
 lolutions to win! up 1 00 
 
 itrument of rn('ori)oration of Head companies 50 
 
 itruinent of Union 50 
 
 ANic's Lir.N. 
 
 .tement and a flidavit of 1 00 
 
 oaoe. 
 
 tico of Sale under Power 50 
 
 R. 
 
 ;penfiing with execntio!i by wife 1 00 
 
 ■' husband I M 
 
 a Judge or Court through a certiticatc • . . . 50 
 
 4F,USHIP. 
 
 titicHte, when required 25 
 
 ilaration of foiniation of, not exceeding 200 words. 50 
 
 iiAch additional 100 words 10 
 
 Depo 
 
 Dow I 
 
 Me 
 
 M 
 
 
 
 .11 
 
APTEVDIX- 
 
 441 
 
 Declaration of !!6wolntion of ^ ,„,.«.„ ;"<» 
 
 Each adilitioiial 100 words ,. . 10 
 
 Declaration of iKHi-associatiou of ^«_ ^-_, •'50 
 
 Each udclitioiial 100 word> .»„„_,.. 10 
 
 Searehiiif,' Finn Index, each linn -^„„„_,^ 1() 
 
 Individual ludi^x, each name ,_^^ ^, 10 
 
 Plan. 
 
 Filins: same, inclndinf,' all necessarv eutriee » ,, 1 00 
 
 JMndin^,' same ascertained hy lut-pecttir. 
 
 Ci>pyin;,' 
 
 Mouiitint,' " 
 
 SKAIiCnES. 
 
 See Ahftract Index. 
 ■' Alphiibrtiriil Index. 
 " Dehnitiin K. 
 " I'artiiersliij). 
 Statkment. 
 
 Under sees. 28, 81 and :il of thf B-^'istry Vji ii!r.<a«iil 
 
 loo words contained tliOein 10 
 
 I'AUT in. 
 
 List of instruments re(]nired to he tiled ouIt, aie t^iiui-ti tiling 
 ni fees aiijiear to he allowed to I{eyistrar^ : 
 
 Co-OrKllATIVK AsSOlIAlIONS. 
 
 Certificate of aiiproval of rules. 
 " " alteration of rules. 
 
 " '• ineor',)oratiou of. 
 
 Joint Stock C'omi'aniis. 
 
 lie.solutiou increasing cajntal stock, 
 
 Eoxns. 
 
 Instrument of Incoriioraticn of Company Iti ^inryuuw, and 
 Treasnr ^r's receipt annexed. 
 
 Resolution relatins; to improvinj:; liuad, iuur«iM*t- iff cujital, diH. 
 Trans.missic;. of Tiustke, 
 
 List of new Shareholders. 
 Mechanic's iNsriTnTi:. 
 
 l^eciaration of Intention to estahlish. 
 
 MUIUAL iNsrilANCK CoMl'.VNY. 
 
 Hesoluti(Ui to estahlish, 
 Ontauio ]>raixac.k. 
 Assessment Roll. 
 
 29 
 
442 
 
 APPENDIX. 
 
 APPENDIX D. 
 
 LIST OF PROTINCIAI. 8TATCTE.S KKLATINIi TO RE(HSTR.iTION OF 
 
 INSTHUMENT KHOM THE INTIlOI>Ul'TU)N OF TUE UEO- 
 
 ISTIIY LAW TO THE PllEHENT TIME. 
 
 (1) 
 
 (•'*) 
 (•1) 
 
 (5) 
 (C) 
 ^7) 
 
 (10) 
 
 (11) 
 (1'2) 
 
 (i;*) 
 
 (14) 
 
 (15) 
 
 (10) 
 (17) 
 (18) 
 (I'.t) 
 (20) 
 (•21) 
 (2'2) 
 ('23) 
 (•21) 
 (2-,) 
 (•2(i) 
 (•27) 
 (•28) 
 (•29) 
 (HO) 
 (.SI) 
 (3'2) 
 (33) 
 (3-11 
 
 (30) 
 (37) 
 (38) 
 (39) 
 (10) 
 (•11) 
 
 35 Geo. 3, o. '> (Registry Act of 1795). 
 37 " 3, e. 8. 
 .39 " 3, e. 1. 
 o8 •• 3, c. 8. 
 
 •1 Wm. 4, c. 1, s. !7. 
 
 4 " 4, c. K). 
 
 9 Vic, c. 32. 
 
 9 " c. 34 (Registry Act of 1810). 
 10 & 11 Vic, c 9, H. 2'*2, 
 10 it 11 Vic, c 1<). 
 
 13 A 14 " c 03. 
 
 14 & 15 '• c. 9. 
 16 Vic , c, 18-2. 
 10 '■ c 187. 
 18 ■■ c. 127. 
 
 Con. Slat. U. C, c. 89. 
 
 Con. Stat. U. C, c. 128, ss. 89, 90. 
 
 24 Vic, c 41. 
 
 24 " c 42. 
 
 24 " c. 43. 
 
 •25 " c. 21. 
 
 20 " c 41. 
 
 29 " e. 2t (Re^'istry Act of 1805). 
 
 29 A 30 Vic, c 48. 
 
 31 Vic, c. -20 (Registry Act of 1808). 
 
 32 
 32 
 33 
 34 
 34 
 ■.4 
 34 
 35 
 35 
 35 
 30 
 38 
 39 
 39 
 42 
 42 
 
 c. 9. 
 
 c. ^27, s. 9. 
 
 c 29. 
 
 c. 24. 
 
 c 25. 
 
 c. 20. 
 
 c. ^27. 
 
 c. 27. 
 
 c '2H. 
 
 c. 29. 
 
 c 17. 
 
 c. 17. 
 
 c. 7, s. 15 
 
 c 25. 
 
 c. 20. 
 
 c 31, s. 35. 
 
ADDENDA ET CORRIGENDA. 
 
 443 
 
 Pa(;i 
 12. 
 
 14, 
 
 LlNI 
 
 ir), 
 17, 
 
 •28, 
 32, 
 
 a;{. 
 
 40, 
 
 41. 
 
 42, 
 43, 
 
 44, 
 
 45 
 
 57, 
 «3, 
 04, 
 f.7. 
 
 lO'J 
 
 120, 
 
 I'Ji 
 
 i^ilil: — an nssiijnnnMit of a iii'irtf,'aKf slionM bo under 
 seal ; TitTaiiy v. Clarke, (jr., 474 Tlie iiroper 
 operative words iu an assignment of mortgage aro 
 " assi),'n, transfer and set over.' \Vall v. Jjeader, 
 12 U. C. P„ 254. 
 14, add to end of line, " or.'' 
 32, after word " Township,' iiiscrt " or incorporated 
 
 villaf/es. 
 14, for " A|i|ii luUx B, " read " .VpiienJi c .\.'' 
 
 add to note i.'i) : — and see Scott v. VoshnrR. Ki C, L. 
 
 J. (N. S). 2'.tl). 
 add to note (2): — and see Smith v. The Municipal 
 Council of U.C., Prescottand liussell, 10 U.C.K., 282. 
 22, for " ollicers," read " oiticer.'' 
 27, add to end of lin(> "should." 
 13, for "IV read "A." 
 (i, for "H' read " A.' 
 last 1-ne, for " entitled " read " within." 
 
 add to noteCJi:— see Cummins v. Moore. 37 U.C.R ,130. 
 note (2) :— lor " L. L. C. II.' read " L.C. K." 
 12, add:— the ri^;ht of aetion against a iJegistrar under 
 this section and section 21 post, will be barred on 
 the expiry of si.v years from the date of the com- 
 mission of the Act comid'iini d of and not from the 
 time of discovery, in the al)sence of fraud, tending 
 to conceal knowledt,'e thereof, (iranger v. George, 
 7 D. A R , 730 ; 5 15. & C, 149. 
 2, for " and," read " an.'' 
 
 tirst foot note (4) add to note : — see Grainger v. 
 
 huthani. 14 Gr., '.iO'.t. 
 add to note |l'i:— see Dehnrt v, Pehart, 2('. C.C. P., 489. 
 25, for " 30tli," read " HOth. " 
 
 add to note (1) :— See O'Xeil v. Carey, 8 U. C. P.. 339. 
 2, for " Registrar,' read " Inspeetor." 
 
 2r., for 
 
 20. 
 
 ;>ad 
 
 note iD :— 1' 
 
 J. \- S. 
 
 reai 
 
 1 "F A- S. 
 
 dd: 
 
 an instrument executed in Kngland for tlie 
 
 purpi'seot conveying liin 
 
 ils situate in this I'rovince 
 
 can ln' validly I'egisleved in ()iitari<i, altliouch not 
 stamped in accordance with the jirovisioi.- of the 
 f^ngiish Stamp Acts. See Murray \ , \' in Ihoikiin, 
 1 Chy. Cham.. 30U. 
 2. fcir "the grantor, thcvendoi'" read " the grantco, 
 
 the vendee. 
 
 )te (!) :— foi " T( 
 
 153, 9, for •' lu'oceduri . 
 
 153, I:', for " eoUveated, 
 KIC, 2(; 
 
 end ■' .b 
 cl " ])recedenc 
 
 nos. 
 
 d 
 
 eolloea 
 
 ted. 
 
 dd 
 
 'ach codicil must h< 
 
 1»- 
 
 d r 
 
 y a .separato 
 
 affidavit of execution, wlieve the witiiessi's ar" other 
 than tlioso wlio witnesseil the execi:ti()n of the will, 
 01' other codicils. 
 
444 
 
 ADDKNDA KT CORRKJENDA. 
 
 Paok 
 
 17;}, 
 
 17-1, 
 181, 
 
 JS2, 
 
 18(j, 
 
 IHH. 
 
 18H, 
 
 ISS, 
 
 lint, 
 
 201, 
 liOl, 
 
 208, 
 
 •2(ty, 
 
 '210, 
 220, 
 221, 
 
 221, 
 223, 
 
 . Link. 
 
 add to not (2j :— soe Watson v. Sadleir, 1 Molloy, oS;"). 
 
 note {'■i\ : — bc'fi)r(! words " ()'Brit>n v. Tylee,' iiisurt 
 " But sic contniry." 
 
 note (81:— for •' 10 W. C. L. T. |N. S.). 70," road 
 
 " 20 Gr., ',»'.l ; s. c. 5 App. 11., Oli 
 
 0, udd : — " It li.is boon held tlmt \vlmr<( onu of two 
 
 uiort^'iii,'(ii's dies, the survivor can cxccuto a valid 
 
 dis('liai't,'t; of the niortf,'u),'(>, Dilke v. L)ou;:;lass c/ «/., 
 
 ;; App. 11 , on. 
 
 21, udd: -A iiiortj,'at!ci> having executt'd a statutory ciT- 
 tiliratc of discliai'Kt' wliifh wa.s ini;urrt'(;tly stated, 
 his HKt'Ut, in j^'no^l faitli, and in order to niakr tin; 
 certilioatn totconforin to tlie intention of the mort- 
 gagee, aitereil the date in the certitieate. It was 
 held tliat, under the eireunistanees, the alteration 
 was inmiateiial, ami that, as altered, the eertiticate 
 havini,' stated coiieetly what was intended liy the 
 jiarties iIku'i to, a hill impeaching' the validity nf the 
 dischar^,'e was dismissed with eo;>ts. Savh s v. 
 Brown, 10 ('. L. J. (N S), IHO. 
 8. after C 1)., insert:— under l!ev. Stat. (Ont.). e. 10'.», 
 a re),'istered memorial of a diselnirKed mortj^'age is 
 declared to lie sullieient evidence of such nnu'lga^re 
 without i)roduetion of the latter, except in so far as 
 the memorial niay he ])i()ved to be inaccurate. 
 24, add : — The )ir()Visi(ins of this section in regard to dis- 
 diarges oi iiKUtgage apply only to nioi'tgages of 
 realty. ^Yln■n the moneys secm'ed by a registered 
 mortgage nf leas(!hold property are satisfied, the 
 proper mode to discharge the same is by a rt.'-assign- 
 ment or deed of release from the mortgagee to the 
 mortgagor. 
 2"), for " iiy," read " to." 
 
 add to iidte (2) ;--Sei' Burnham v. Gait, 10 (ir., 117. 
 17, after " hand," insert " and mmI. " 
 18-20, after "Peace," omit sentence beginning with "as" 
 and ending with " copy.' 
 0, add: — Uegi>tration of a void will was ineffectual to 
 create a registered title. ilolTatt v. (jrover, 4 l". 0. 
 P., 402. 
 
 add to note (2) :— see F.eid v. Whitehead, 10 Gr., 410. 
 
 add U) note (1) :— sie Goodwin v. Williams, 5 Cir., H'M. 
 
 add to note |2) : -Cli.'rry v. M.uton, 8 (Jr., 402. 
 .J, add :~nri((rity (d' date in a registired title prevails 
 ovel the priority gained by registration, where the 
 conveyance which is registered is not proved to 
 have bei n i xrcuted for a valuable consideratiiui. 
 McKenn\ v. Arner, 8 U. C. P., 40. 
 
 add to note (1) : — as to voluntary assignnumts of 
 Crown Lands ijefore issue of patent. See Garsidc 
 V. King, 2 Gr., 073 
 
 add to note (3) :— see Hnrkin v. Uabidon. 7 <ir., 243 : 
 Shaw V. Ledynrd, 12 (ir.. 3H2 ; McGregor v. liob- 
 eilson. 15 trr., .Vl:j ; I'luesdell v Cook, 18 Gr. , ;J34 , 
 Johnson v. Sovereign, 25 Gr., 434 ; Dynes v. Bales, 
 
i.V. 
 
 ADDENDA KT CORRIOKNDA. 
 
 445 
 
 TAdE. Line. 
 
 laicir, 1 Mnlloy, r,nr,. 
 
 ■ion V, Tylco, ' insert 
 
 r. (N. s.). "<J."' '''^'^'^ 
 
 t whoi'tt one of two 
 r ciiu cxcciiti) a valid 
 •like V. DoutiliisscNi/., 
 
 cuttnl II statutory ccr- 
 vaH incorrectly statcil, 
 il ill onlur to niakf tho 
 inti'Mtiim of tlio luort- 
 i(. catilicatf. It was 
 HtaiicL'S, the alteration 
 altered, the oertitUMte 
 s was intt'niled hy the 
 lint,' tlu- validity (if the 
 •ith" (•i»ts. Sayl. s V. 
 
 lie. 
 
 rv. Stat. (Out.), e. 10'.'. 
 ilisehar^^ed niort^^age i> 
 .eiice t>f such inovl},'iiUe 
 tter. except in so far as 
 
 I to be inaccurate, 
 section in regard to dis- 
 
 oiily to niorti-'UKes of 
 secured hy a re^^'istered 
 .erty are satistied, the 
 
 sauie is hy a re-assij-'n- 
 
 II the uiort}.;aKee to the 
 
 m V.Gail, 10 Gr., 117. 
 111." 
 
 hej'Uini 
 
 hv' with "as 
 
 ill was 
 
 ineil'ectual ti: 
 
 ■ tfattv. Grovev 
 
 4 i:. 0. 
 
 kVliil.'heac 
 
 1, U) Cry. 
 
 •itti. 
 
 V. 
 
 Williams, 5 Gr.,.J.>'.i 
 
 iltull 
 
 kVHl: 
 
 8(.r., lO-J. 
 
 ;tired title prevails 
 
 Ive^ji-trati'iU, where 
 d IS not prove 
 
 tlr 
 1 t. 
 
 ilualde consideration. 
 
 lr , ^'). 
 
 iitarv as^iKunien 
 
 )f patent. 
 
 See Garsulc 
 
 ts of 
 le 
 
 llahidon 7 Gr., '.i-lo . 
 
 liS-2 ; McGin^or V. Uoh- 
 
 V (Joolv IM Gr., oU, 
 
 4;U . Hvnes V. Hales, 
 
 s- 
 
 '2.U, 
 
 •ill, 
 
 246, 
 
 •2 10, 
 
 L'-,2, 
 253, 
 
 •-'.',,5, 
 
 2(5.3, 
 •2i):i 
 
 2(;.-j, 
 
 2().5, 
 ■2W, 
 '2W. 
 801, 
 
 307, 
 
 .iO'J, 
 
 313, 
 385, 
 
 2") (Jr., r.<)3 ; Aston V. Innis, 'JC. Or., 12 Afattliow.q 
 V. Walker, 2(1 U. L". P., (17. 
 
 add tonote(3|:— SeeCiichrane v. .Toliiison, 14 (jr., 177. 
 add til note (5):— See Wiseman vs, Westland, 1 Y. & 
 J., 117. 
 
 note (1);— hefore "hut" in 2ii(l line, insert Close t 
 Helimint, 21 Gr., 317. 
 
 add to note i3j ;— See Harrison v. iMitli. 1 Kq. Ca. 
 331; Attuniey-General v. Wilkins, 17 Heiiv,, 2',»3 ; 
 Met^neon v. Fanjuhar, 11 Ves , 4(17 ; McMurravv, 
 Burnhani, 2 (jr., 289. 
 
 add to note (7): — See Graves v. Hend.Msoii. s Gr., 1 ; 
 Cameron v. Hutchison, IC (;r...V_'(; • Mimro v. liudd' 
 20Gr.,,>-,. 
 
 note ((!):— In 3rd line, for " Haiv," read " Hart ;" and 
 for " ;■)," read "0 '' 
 
 add to note (2):— See Gordon v. F.othian, 2 Gr , at 
 p. 2i15. 
 
 adil to note (1): -See MolTatt v. (iiover, ( (' C. 1'., 
 402, per .McLean .1. ; Miller v. Mc( H||, 24 1' (' 1{ ' 
 597. ^ ' ' 
 
 add to note (I) :— See Do,, d. Wr.i. v. M,,i-risoii, 2H 
 cV H , 10(i. 
 21, adil: — .V dihndant in ejectment, who chunied under 
 an uiiie^'istered lease, snliseiineiit in date to an 
 nnrenistered lease, nnd.-r which the plaintitf 
 claimed, re^'istered his lease, uftcr a<'tion hroiif,'ht, 
 hutl-efore trial. It was held that the i)laintiff was 
 entitled to ii verdict, nnd judj/ment for iiis costs. 
 The .Jud(,'e directed the j\iry to find that the jilaiu- 
 til'f had title wlien the wri; was issued, luit that his 
 title exjured on the day the (h^feiidaiit rcKist.red 
 his lease. Hyan v. Landers, 9 I. C. L. It., -IS7. 
 
 add to note (4) :— See Hoilson v. Sharpe, 10 J<',ast, 350. 
 
 add to note (51 ;— See Warhurtoii v. (ioie, 1 II. cV 15, 
 (;j.l ; 2 Dow & ("hirke. ISO. 
 10. after \v,,rd •' ihat," insert "prior to the Act 31) Vic , 
 
 c. 44, 
 
 • I'.l. 
 
 LS, fn 
 
 read "did. 
 
 1(), t 
 
 note 1 1) : -tor " (ireen, ' read " (tniver. 
 
 or 
 
 lH(i5," read " 18()S. 
 
 dd to note (5) :- S.'c ]}edford v. Hackh 
 
 2 F., 
 
 Ca. 1(15: WrislitMin v. Hudson, 11- , du',) ; Moivcock 
 V. Dickens </ i//. , .Vnih.. tJTs. 
 
 id.l t,. iiiite (.•!) ;- See Seott v. Vo^hiiiKh, Itj C. L. .1. 
 (N. Si. 29'.( ; Bf'.wn v. (Ja^'e. 11 Gr., 239. 
 20, after (31, add:— "It is essential for the due protec- 
 
 le assit'u- 
 
 tioii of an ussitriK'e of a tuorttjra!.":', that tl 
 
 lilent sh iliiUl Ixf rei»i-teri-d (" 
 
 rke 
 
 o rick. ?»40; st'e Vand- rk.uipt v. Shelti 
 
 .hnkiii 
 
 Paige, X. Y. 2^ 
 
 11 
 
 note I 
 aild t( 
 
 Am li 
 
 -for " IKS," r,.ad " lis9. 
 
 note 
 
 -See ('I. irk v. Hrvant, 27 Gr., 450; 
 
 Barker v. Eccles, 17 Gr., 277 ; Joucs v. 
 18 (jr., (171, 
 
 Beck. 
 
440 
 
 ADDENDA ET CORRIGENDA. 
 
 PaoU. lilNK, 
 
 84ai '-i. luM : — V form of memorauJam is contained in Ap- 
 liciidix A. 
 
 350, aild to note (4) :— Seo Broulvs v. Williunis, 39 U. C. R., 
 
 353, y, luUl :— Seu 12 Vic, c. 31, s. 35. 
 
11 Ap- 
 C.U., 
 
 INDEX OF FORMS. 
 
 Paor. 
 
 •Ill) 
 
 •101 
 407 
 
 ■nr, 
 •loy 
 
 411 
 
 •117 
 ;i',t8 
 iir. 
 
 4-J'2 
 -.•V.M) 
 41.-) 
 42o 
 4-27 
 4'2-2 
 4-21 
 ■102 
 40(5 
 .'tO'.t 
 42« 
 408 
 40H 
 40S! 
 420 
 :{'.19 
 
 by imrchiiscr at Shci'iff's sale, 42>^ 
 livSli.rilT, liailiff, A-c, .. ;-5!)'.t 
 
 A1)SPiieo of witness, declaration respecting,. . 
 Abstract Index, 
 
 " (i{ Title, ("crtiticati- iic'cdinii.inying, . . 
 
 " re(iuest to llc^'it-tiar to fiiiiiisli, . . 
 Affidavit, eia-titicate of jiarly takiiij,', under Rcj,'. Act of IHH!, 
 
 " for onler for siibi'una to Registrar (C fj.) . . 
 
 " " " •' (Chy.) 
 
 " " to compel subscribing witness to make 
 
 aflidnvii, .. 
 
 " of execution of Iiistriinieiit, 
 
 " " '' made witliiiut Ontario, Jurats of, 
 
 " " of wills or codicils, 
 
 " of justiticatioii by sureties, 
 
 " of Itegistrar on re-copying old Registry Book, 
 
 " on Memorial of Dei'd, 
 
 Will, 
 
 " verifying copy f)f Crown (iraiit, . . 
 
 " " Letters Probate, Letters of Admin., A'c, 
 
 A1plinb(>tical Index, . . 
 Aiiiiointmeiit of Ueputy Registrar, 
 Bailiff, certificate of discliarge of mortgage by,. . 
 
 " request by, to Clerk of Divisiifii Court, 
 
 Bond, Guarantee, to be furnished by Uegistrar, 
 €ertiticate accompanying Abstract of Title, .. 
 
 itied C( 
 
 .py, 
 
 of Cliaiicery Proceedings for registratio 
 of Diseluirge of Mortgage (general form 
 
 upon copy of Instruiueiit, 
 
 4()8-4'.!l 
 
 of Judge ujion i)roof of biss of Registry Book, \'c., b'U 
 of Lis Pendens, . . .. . . ' . . .. 420 
 
 of order vacating Lis Pendens, . . .. .. 421 
 
 of jiarty taking aflidavit under Reg. Act of 184(i,. . •11.') 
 of ])aymi nt of taxes, .. .. .. .. 40.T 
 
 400-4;i0 
 •121 
 
 . . ;!'.i8 
 
 411) 
 . . H'.t.S 
 
 .H',)7 
 . . 421 
 
 of jdan by surveyor, 
 
 uiHin copy of Power of Att(nney, 
 
 of proof of execution before County Judge, 
 
 Just 
 
 lees ill nessions. 
 
 of registration, 
 
 respecting Registry Books, 
 
 upon certified copy (if Power ef Attorney, 
 
 Certified co]iy, certificate accompanying 
 " notice of intention to use, 
 
 " request to Registrar to furnish 
 
 Listiunient (other tliaii a will), 421 
 
 408 
 408 
 407 
 
418 
 
 INDKX OK POHMH. 
 
 Cliiiiicor.T I'rocfcdiiinH, ccrtHieiitc (if, .. .. ,, -I'iO 
 
 Clerk of Divisidii Couit, lequcHt liy JSiiililT to, .. .. i'ln 
 
 " Muiiiriiialily, ri(|ii'st to, fo refji-itcr plnn, &c.., IHI 
 
 Copy of ]ii(-tiiiiii('Mt, (■(■rlilicatc ii|i(Hi (Mitilii-d, .. KiH 
 
 (iillicr tliiiii a willl ccrliticatc upon, I'Jl 
 
 " of I'owcr <if Altiiinrv, rc'itilicati' iijioii ccrtilifd,. . 121 
 
 Couiily .Iii(lj,'r'w I'pititicatf upon proof of cxrcutioii, .. HKH 
 
 " 'J'rcaHiinr, rctiufst liy iU'^istrar to, foi jiayiinMit, l.'l'.l 
 
 Covt iiaiit of Htt,'isirar, .. .. .. .. .. ii'.MJ 
 
 Crown (iraiit, atlidiivit verifying co[)y of, .. .. .. ■\'l'j, 
 
 l)cflaratioii of ali.st'iicc, licitii, iVc, of .siilpscriliinj,' witness*, H'.» 
 
 42',) 
 
 12',> 
 
 Deed for taxus. 
 
 1)V SlierilT, 
 
 M 
 
 eiiional ol 
 
 Demand of 
 
 atlidav it acconiiiaiiyinj,', 
 
 (len\'erv o 
 
 f i; 
 
 ■^trv Hooks, lll^.tnlUlentH, &c. 
 
 4i;j 
 
 Deputy Registrar, appointineiit of, 
 
 oath o 
 
 f olli 
 
 Disciiargc of luortj^'aj^e, eertitl(^ate of 
 
 (Kenc 
 
 (short form). 111 
 .. Uii; 
 
 ■lot; 
 
 ral fonul, .. .'I'.i'.t 
 
 Endorsed Inslninient, nienioi'ial of. 
 
 by piireliaser at Slieiil'f s sale, 12^ 
 liy Sheriff, HaililT, .Ve,, .. .'i'.l'J 
 
 K 
 
 xeciiiioii (.f histnimeiit, allidavit of. 
 
 127 
 
 of .llistices 111 Session 
 
 c'( rtilieate of County Jud},'e as to proof of, ;j'.t8 
 
 •ll',» 
 
 i:a 
 
 .. lo:! 
 
 •101 
 
 .. 1(12 
 
 ■111 
 
 .. Iia 
 
 Fees, riMjuest to i{ej,;istrar to luinish statement of, 
 (iuaranlee Bond fiirnisliLil hy lieKist-'H'i 
 Indix, ahslract, 
 
 alphalii tii'al, 
 Inspector's order to re-eoiiy old llej^isliy liook,.. 
 
 permit to Use uioru than onu lle^istry Boi 
 Instiument, allidavit of exfellticll of. 
 
 Jurats to, 
 " eel tilicates on ceitilied colJV of, 
 
 dem.'illd for delivery uf 
 
 (sliiu7 form). 
 
 .. 115 
 
 ■loy-121 
 .. il.i 
 
 4M 
 
 nieiuiU'i.al ef endorsed, 
 notice disputing,' validity of ori^'iiiiil ref^dstert'd, 
 siilipii'iia lu llef^'istrar to jiroduue (C.L), 
 
 (Cliy. 
 
 4(i'.i 
 -11(1 
 412 
 
 atlidavit for order for (C.L.) 4(1!) 
 
 " (Cliy.), 411 
 
 order for (C. L.) ,. . , 410 
 
 iChv I, .. 412 
 
 Judj^'e's certiticate of jiroof of loss of Jie)_'istry l! 
 Jurats to allidavits ot I'Xecutioii sworn without Oiitn 
 Justices in Session, certiticate of proof before. 
 Justification, allidavit uf, by sureties, 
 Letters uf udiiiinistration with 
 
 fying copy of,. . 
 Lis Pendens, certiticate of, 
 
 will a 
 
 niiexed, alliilavit veri- 
 
 4;il 
 415 
 4111 
 
 424 
 420 
 
 " " order vacating,', 
 " order vacating 
 
 ,: Map, sec Plan, 
 
 ^ Memorandum on plan by i)arty lilint; jdaii. . . 
 
 ? Memorial of Deed, . . 
 
 421 
 . . 420 
 
 . . 4;iO 
 
 425 
 
 i 
 
 
 i 
 
 
 1 
 
 
 i 
 
 I 
 
 
INIiKX or K»KMH. 
 
 iU) 
 
 Mcmnrinl of rnilnrsctl InKtruint'iit, 
 iiiiirtKUKc 
 
 will. 
 
 iitlidavit icconijxuiyini^, ducil nm 
 iilVidiivit iK'iiuTiipanyiii^', 
 
 Miiiiiti' ipf Uc^'iKiiiitioii 
 Moit^'iiKi.', cfrlifii'iitt! of (lis<'lini>;i' "f, (Kcncriil fdini) 
 " " liy |iiircliiiS(M- lit Siiflit'f's sale, 
 
 liy ShciilT, liiiiiilY, \c., 
 
 " " HiViiliivit. acc<iiii]innyinK. 
 
 Notice (iispiitiiif,' viilidily of ori^.'iiiiil n ^'i'stncd [nst 
 
 nicniiiiiMl (if. 
 
 f ilitiiiliuii to use ccitllifd copy of Ilistnilliclit, 
 " of willidiHual liy Huicty, 
 Oatli of Olliuf, I'cpiity Itcyistiar's, .. 
 
 lli'Ki>*trar'n, 
 Ordci' for issue of ^iuliiKr'im to i!r^;istrar (('. ii.], 
 
 (•'hy.l., 
 
 nimciit, 
 
 t. 
 
 lii|i(l sulisciilpiiii,' witness to make att'idavit, 
 
 vacaliiiK Lis i't-udt'iis, 
 
 " " e( rtitieate of, 
 
 Plan, certificate of surveyor mi, . . 
 
 on, wiicn iil( d liy nninicipality, .. 
 " nieniorandinn on, \i\ party tiling',.. 
 Power of Attorney, ccrtitieate upon eopy of, 
 Proliate, allidavit verifying copy of. 
 Proof of execution. County Jiid^'c s eertilicato ujion, 
 
 " " ccrtilicatc iiy Justices in Session u 
 
 Ile-copyiug old Books, alDdavit of lie^^istrar on, . . 
 
 4(10 
 
 Ii 
 
 Begistrur, atlldavit of, on n 
 
 ispector s )iel luit fol', 
 
 ■convin^,' old iioc 
 
 atliil.ivit tor order to issue siidpo'iia to (C.L ) 
 
 '■ •' •' iCl.y.) 
 
 covenant of, 
 
 notice to. of witlidr.iwai by surety, 
 oath of olliee liy, . . ' , , 
 
 order for issue of snlipieiiu to iC.L ) 
 
 re(|uest to, to fnrnisli alistiiici, . , 
 
 " " certilied i-opi(^S, 
 
 ' nnd<t! searches, 
 
 request liV, to 'I'l'eMSurc'r for lia\llient, 
 sul'po'Ua to. (C.Ii.), 
 
 iChy.l " .. " .. 
 
 Registration, certificate of. 
 
 " minute fif, 
 
 Registry liooks, afliihivit of Itefiist 
 
 demand for delivery of 
 
 ., ,, 
 
 Inspectors order to re ei 
 lns|){>etor's pi^rniit to use 
 reciuisitioii for new. 
 
 rar on re-cojiym^ 
 
 -liort forn. 
 ipy old. . . 
 
 Pie<|Uest liv Haililf to Clerk of D 
 
 ivisifui Court, 
 
 to Registrar to furnish ahstiact, 
 
 " " certified copies, 
 
 " make searches, . . 
 
 to Treasurer for new Pie^dstry Books, 
 
 427 
 4"(; 
 
 42(; 
 
 ;f',t!t 
 
 .■ill',) 
 
 4-2H 
 W.) 
 ■I'Jti 
 1','-, 
 
 411',) 
 •KIH 
 405 
 
 lot; 
 ;i!)7 
 
 410 
 412 
 41H 
 420 
 421 
 
 -i;{0 
 4.'10 
 
 •430 
 421 
 421 
 
 ;i'.)8 
 
 4 I '.) 
 415 
 414 
 415 
 
 10'.) 
 
 411 
 
 ;i'.)i; 
 
 40.'. 
 ■M7 
 410 
 4 1 2 
 107 
 1U7 
 40t) 
 482 
 41(1 
 412 
 
 :>',).s 
 ;!'.)',) 
 
 4 1 .". 
 
 4i;i 
 II I 
 
 411 
 4 Hi 
 418 
 42S 
 407 
 407 
 400 
 418 
 
^4 
 
 
 
 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 /. 
 
 
 
 :/. 
 
 f/i 
 
 ^ 
 
 1.0 
 
 I.I 
 
 1.25 
 
 ■^|2j |25 
 
 I4£ 
 
 i;^ 
 
 — 6" 
 
 IM 
 11111= 
 
 1.4 mil 1.6 
 
 <^ 
 
 /, 
 
 
 ^e 
 
 v: 
 
 
 
 ^/- 
 
 /<^ 
 
 Photographic 
 
 Sciences 
 Corporation 
 
 23 WEST MAIN STREET 
 
 WEBSTER N.y MS80 
 
 (716) 873-4S03 
 
 iV 
 
 ^v 
 
 •1>^ 
 
 :\ 
 
 \ 
 
 "% 
 
 V 
 
 
 c^ 
 
 V...^. <> 
 
 ^l.-^^ ^^^ 
 
 '^ 
 

 l^. 
 
 C/j 
 
460 
 
 INDI'.X OF lOKMS. 
 
 Sheriff, ccrtifirato of disclinrge of inortgitKf! 'jy. • • 3W 
 
 (Iced fur tiixt's. .. .. .. .. .. .. 4-*<j 
 
 Statfincnt of fi'cs, i((iiicst to UeKistrar for, .. .. 4:11 
 
 Siilipu'iia to Rt'nibtnir (C.Ij.), .. .. .. .. 410 
 
 (Cliy.) 412 
 
 •' " alliJtivit for order for (C.L ) 4<» 
 
 •• " " " (Chv.i, .. 411 
 
 ■' " ordur for, (C L.) 41«» 
 
 (Cli.v.) 412 
 
 Suliscribing witness, afl'idiivit for order to compel affidavit hx. 417 
 
 " " order for, to make nftiilavit. .. 418 
 
 " '' dechiratioii of absence, deatli, &c., .. 419 
 
 Surety, notice of withdrawal liy, .. .. .. .. 4"o 
 
 Taxes, certificate of payment of, .. .. .. .. 4"3 
 
 deed for 4i9 
 
 Validity of original registered instrument, notice disputing, 409 
 
 Wills, allida\ its of execution, .. .. .. .. 415 
 
 " memorial of, .. .. .. .. 426 
 
 " " aflidavit accomiianyinp, .. .. 427 
 
 Witness, declaration of aliseiice, death, ,tc , of suhscrihini.'. 419 
 
 " order to comi)el suhscribinK, to make affidavit, 4H 
 
 aliidavit for, 417 
 
i 
 
 GENERAL INDEX. 
 
 ABSENCE, 
 
 of date in mcinorinl aixl iiistrtimf-nt. 173 
 
 sui-.snihiiii.' witn.-ss, 117 ..ee suhuribing mtneis) 
 ABSTHACT INDEX, 
 
 coiupl.'tidii of. 7!) 
 
 couteiits of, 7,j 
 
 form of, lOl, 
 
 i...str.u.i..nt n.Mst bo re-istrro.! f^fore being entered in 70 
 
 mistakes 1111(1 ouii.s.sions in. 77, ;i»;i '". <" 
 
 nature of, 77 
 
 Itcgislrar liable to persons injured bv errors in 7^i 
 
 now fjir liable. J4 
 
 \v)ieii ri^lit of action against barred. 143 
 ISegistrar t<i male, 75 
 
 ABSTRACT OF TITLE. 
 
 ndniissibility of, as evi,.lene»\ r,e, 374 
 
 certiticate on, '>:,, ;{7J 
 
 must include ill! r-i^-i-trations aflr.-eting the title 53 
 cannot be i|ualifi.(l or nifnliti.-d. 55 " ' 
 
 blrni'oPoH" ^*'^'-'*"''*' '" compel delivery of j-roper, 55 
 
 must eontain all the particulars re.,„:re.l bv applicant, 374 
 coiitine,! to si»fcilic parcel .,f Iiuid. 5C. 373" 
 tmiission to include instrument in, 43 
 not evidence of patent, 55 
 Begi.strar to make, 53 
 reijiiest to Hej.'istrar to furnish, 50 
 form of rei|uest, 107 
 
 ACT AND WAIlll.XNT, 
 
 under ID-J!) Vi.-. (Imp 1. c. 79. mav be registered, 211 
 ACT RESI'KCTINCi I'UHr.IC OFFK EII.'^. 
 
 applicable to Begistrars, 30 
 ACTION, 
 
 by Ri'iihtrar 
 
 against muiiicipalitv for f.-ei. 71. 74 HO, 3^3 
 for fees to tr.v right to otKce of lU-gistrar W 73 
 against R,(ii<ttrar 
 on covenant, 41 
 for neglect or miscnduct, 40 
 liability at common law, 10 
 
 wh. i,. the duty IS mini-terial or discretionary 40 
 liability IS not restricted to ptuaitv in covenant, 41 
 
 I 
 
I' ■! 
 
 i ]■ 
 
 hi 
 
 452 
 
 (iKNI RAI. INIiKX. 
 
 ACTION (cntitiiiufd). 
 
 furiii <pf iictiuii uiiilfi (^lulii'c H('^.'istry Laws fur 
 
 for iiiisciiii(luct, r>(( 
 
 fiinufilv ciiiivictioii prcci'iliiit to ii),'lit of iicticin. r,l 
 
 |)iiicl 
 
 iiis.-r wr.li 
 
 llutll 
 
 >f l{< 
 
 title 1 tu iliilliat! 
 
 ^triir s iieKli^'oiirc not cii- 
 
 C'lititicd to tiolicc of lift 
 
 's siit)-;i'(jiit'nt til nt'iiuiniig notice, .01 
 
 loll. -1^ 
 
 K''ii«ral rule as to iiotici' of action, I'i 
 wlicii not iiititlt'il lo, I'J 
 liKht iif action iiKiiinst, wlicn liantnl, li;j 
 
 ACTCAL NOTICE, '22H (sc • .V„nVv) 
 
 ACTUAL I'OHSESSION. H.', ^s.e Lviimj 
 
 ADDITION, 
 
 of witness to lie set otit in afli'lavit of execution, Ml, '.•"). '.•'"> 
 of iiartirs and witnes-< s in inemoiial, IT'i 
 
 ADMINTSTlt.M'lON Willi WILL ANNKXi:!). 
 
 txruul of, 11, 
 (■xeni|i[ilication <if, IM 
 notarial eo)i\ of, is 
 lloW rej.' isle red, li>H (see Will) 
 
 ADMINISrilA TOU, l.sl (>ee I'lsccuturs „n<l AilmiHiatrilorf) 
 
 Al-TTDAMT, 
 
 uf KxtCiitiiiii. It I et se(| 
 form of. .'{IIM 
 
 llje.ds 
 
 in i( i{nirin^', ;(") 
 
 should ilepose to exi'ciition Ijv (.'r.mtor, or party fri 
 wjioiii estate moves, ',(('» 
 liollld he ill thi' prescrihed form, I'T 
 
 statement in. 
 
 .f pi 
 
 ace of execution. ',1 1, '.IH 
 
 omission of sndi statement, !lsi 
 
 witless mill 
 
 .t li 
 
 now oih- or moll' of •(ranlors, !)h, 101, 1(13 
 
 must he mad" h> 11 suh.scriliiii!.; witness, 101, I 111 
 
 iiy liilTerelit witnesses, wliele executed li.\ several 
 
 ^'l■llntors, lOli 
 siiljsciihin^r witness comjiellaiile to make, 1 1(1 (see Sub- 
 
 siiiliiiij ll'i/x, ..,ii 
 deatli, aliseiice, or insanit v, .Vc, of suhscrihiii'' witness, 
 
 117 ( 
 
 see Sii'ixrrihiilil WiliK^f) 
 
 must not contain foreit;n or irrelevant matter, 101 
 Cliristinii name of siih^ciiliiiij.' witi.ess need not he in 
 
 full, 104 
 hefoie whom sworn when made in Ontario, 104 
 
 without dntaiio, 10"), lOll 
 may he sworn hy one witness lufore aiiotliei', 110 
 cimnot 111' sworn hefe 
 
 ■■^ I 
 
 artv to tile in-tiumeiit, 1 1' 
 
 swoin hefore notii'ies and illur oliicers ti he under 
 
 oHicial seal, 1( H 
 jtarty tiikinn, to l>e juoperiy styleil, 10',! 
 Htatiites relating; to, when sworn ahroiid, 107 
 when sworn ahroad, pnident to Liivo endiir.scd or an- 
 
 annexed to duplicate, lOit 
 
I: 
 
 OKNKUAt, isur.x. 
 
 AFI'U)AV[T ic;n,ti,nu:n. 
 
 corUHn.,,.^ ,,f ,,„,,, taking, m,..,, ,.„,.., ,j,^ ^^, ^^ 
 
 form I if, }I;1 
 iiitiTliiifiiticiis in, 110 
 junits tci, 111) 
 
 fiiiiim of, 11.')- 117 
 noi'n'''"' "''J'":|'"" '"• ^v.ll not prevail, 102 
 '"l/;, ■"'"'>■ ^'"'^ " ^'"•'"'i --f'..-." to rules of court. 
 
 ..r,.v.s,.,ns^,.. tl... K..,istrv A-t r..,,„.,in,. a.- .iiro-tory 
 must lir cniliir-.cd nil III- lift...), i> 
 
 ..;-v:f.=s,';::,;si;:';:;r'"--''"" 
 
 "f H will. 101, Kjo ,s,.o JC,7/| 
 o instnumnt other than a will If,-' 
 of miMi.irial uf ,|,.,.,l, 172 
 form (if. i-jr, 
 
 ""^Tirm of ''•/•'''''''■' ''^•"•1"". 1"> 
 
 :":i:r:;;'ii''*;;,:;7;„:r'i:;i-s '■■' -■..™..„ 
 
 l>iWu,l...amnMatinMor,l..,.larati„„ 1,),; 
 
 wlu., al.,nuat.„n .,r ilLdaration may lie sulLtituteil for, 
 
 ;;;;:;:V'rv' '",:"""*'- •••■rn.vm,.„ts.iij 
 "■''^f::;';^:;''^,;:['--'«--.i^'wseer.i..o.,,,^ 
 
 form of, 117 
 
 ArniiMATION, 
 
 may l.e .s,il,.stitute,l f,,r alli.l.nif, !!■> )]r, 
 AFTER AL-griHHD PROi-ERTV, ,..,. ,,.,,,.!) 
 A(iE\T, (see Xntic) 
 
 U8 
 
 notice to, is notice to tli 
 
 notice to, of .Solicit 
 
 e principal, 2 I." 
 
 Registrar, J\'pi 
 
 or, IS not notice to client, 24!» 
 
 ity, or Clerk 
 
 cannot act as, 4ti 
 
 i 
 
454 
 
 (JKNK.RAI. INDEX. 
 
 il ' 
 
 AGREEMENT, 
 
 fur sale of Iniiils, 13, 2/J(! 
 
 s])c'('ifir pcrfiirinaiico of, 1.3 
 
 FfKi'^tratioii of, confers priority over subsequent convey- 
 ance, 2."i() 
 a coiiveynict! ho defectivMly oxocuted us not to pass title 
 is evidenct' of, 2.")(!, Mi 
 
 and n^eistration of sncli conveyanco is equivalent 
 to n'Kistrulion of, 250, Mi 
 to assif,'n leasehold iiiterests, 18 
 
 ALIMONY, 
 
 certitieate of Lis Pendens in suit for, only, 18 1 
 orders and decrees for registration of, 14, 12o, 131 
 
 ALI'HAIJETICAL INDEX, 
 form of, •l(t2 
 Completion of, 71) 
 oliject of, 7n 
 omissions or errors in, CA), 7H 
 
 l{e(,'istrar is lialile to action for, 11 
 
 how far liable, 11 
 
 when light of action against is barred, 113 
 to (uiicral Registry liook, til, 00 
 searching, 373 
 
 fees f(jr, 373 
 
 ALTEUATIONS IN PLANS, 340 (see Plun) 
 APPENDIXES, 
 
 HJipelldix A (folin>), 103 
 
 appendix li (instruments requiring registry), 433 
 appendix C (tarilf of fees). 43S 
 appendix D (table of statutes), 442 
 
 APPOINTMENT, 
 
 deed of, undel' Jiower, 212 
 
 of Registrar, 20 
 
 of Deputy Registrar, 44 
 
 tu be in writing under official seal, 44 
 form of, 100 
 
 ASSIGNEE, 
 
 in insolven<'y is not a jiurclmser, 214, 21(') 
 of mortgage, 214 (see .l/or/ifd.'/c) 
 
 for value without notice, is not affected by notice ac(iuired 
 by grantor, 24(1, 323 
 
 ASSIGNMENT, 
 
 deeds of. under Insolvency Acts, 04, 6i) 
 
 foreign, 212 
 of leases, SI (see Tji'dsc) 
 of 1( asi'holds, agreement for, 11^ 
 of nn)rtgage, 12, 179 (see Morttjaijc) 
 of unpatented lands, 2> "i 
 
 notice of uiui'gistered, 200, 238 
 
 registration of, is notice, 200 
 
GENERAL I.N'WJX. 
 
 ASSURANCE, 
 
 tl<!fUK'<l, 13 
 
 o^ I'st.itfs fail, j-jg 
 ATTOKNEV, 
 
 notice to, is notico to Hi.M.t -ur / .r 
 iiAILIl-p, (HeeSh.rijr) 
 
 UANKHUl'TCY, 
 
 rroeccdiiigs in, in ' 
 
 'lei-.lH of u,s.siKiu„..nt in fjt 
 'oreigii liiM.ls in, '21-2 
 
 BILL IX CHANCKHY, 
 
 certificate of filiiirr 107 / ,. 
 BOND, ""^•^^n«eoL/,P,„rf^,„j 
 
 'It'tincd, 13 
 
 to convey lands, 9, 13 
 
 «l'<'<;ili(. perfonnanoo nf IH 
 
 BOOKS OF OFFICF cw ,> 
 
 BY-LAW, ^''^^^' ^'''■//-/'•y /.v.;,.,) 
 
 altering nume.s of streets 203 
 
 CA^CELLATI()^•. 
 
 oj fraudulent instruments 22i 
 
 "f voluntary conveyances, 203\,ee r./ , 
 
 of "l^traet of fi„,, r,',, 374 
 
 form of, -ion 
 
 liJiindamus to coim.,.1 n • . 
 on certified copy 0/ " t .J :7;:'V"' '" f'"-'nsh proper 51 ^ 
 
 form of, 4nN ,'01 ' ' '"•^trument, .5(1, 13« ' ' "^ 
 
 of Clian.-ery pro.-eedin.^s, l->5 
 
 form of, 4->() ,^,„. ,,, ~ 
 ofCounty(-o,,H,, ,/,;;';';''n'/y.rm//,,^., 
 
 Witness. 117. il-j;;.,; "1 ";"'°''''"''''-^-. o^^ul.scriLin, 
 '"'■ni of, .■(f(H '' 
 
 455 
 
 
 J 
 
 i 
 
 1 
 
456 
 
 OKN-KKAI. INDEX. 
 
 CEUTIFTCATK (routiniwd), 
 
 hIioiiIiI bf t'lulorsi'il or uttiu'lii'il to instrmnciit, .'{.*>.> 
 
 form of, litl 
 of Ids I'cinlciis, I'J') (.^(1' Lit I'intlcitsj 
 of iniyinciit of liikts. 14 
 
 form of, KKJ 
 of iwrsoii taking' uffuliivit, ulirotid, iimlt'r Rfg. Act of IHU], 1(»7 
 
 form of. 11 "( 
 o( i)roo('('(liiiK' ill liny Court, 11 
 of proof of I'XcciUioii licfori' .duticcs in Sissioii, lln 
 
 form of 411) 
 of ricKi.-triir, miiat follow stfttutory rciiuiri'mcnts, l.VJ 
 
 III ■j.'lij.'iiit omission. 2<) 
 
 linntiition of Hct;islnir'". liuliility ujioii, 14, 44:J 
 of Kii.'islriktioii, Ml, 1 I'l 
 
 form of, ai»H 
 
 i-iiilorsiitioii of, 1 l."», 1")0 
 
 at what tiiiii' it ^iloulll liu fiulorscii, 1 UJ 
 
 clTrct of. 1 15, )")(l . 
 
 wliat it is fviilciicc of, 14(> 
 
 is iirimii facie cviilonco of fact and date of registry, 1"»1, 
 
 ir,-> 
 
 is not the sole or l)pst evidenct', l")! 
 
 evidence of, may lie ri'Imttcd, I'll 
 
 is <'oncliwivc cvidcnci! iin.liT tlif Ni'W Brunswick llcK. 
 
 Act, ir.4 
 unnccfcss.iry to jirovi' siKnuturo or oflico of jiur.son sif,;n- 
 
 iuK. l'">ij 
 if <iMaiifit'd, is not admis.siblo in I'vidtucc, 151, lijii 
 no fee allowed for, 1">1 
 for^'cry of, is a felony, Ufj-j 
 
 CEKTIFIKI) COl'Y, 
 
 certilkiate accompanying', it(\. I'M) 
 
 foinis, 4()H, 4'2l' 
 of memorial is evidence of fact of registration, o8 
 
 otherwise under tli" Irish l{et,'istry Acts, 174 
 of order ill ciuncil, 1")7 
 
 when it operatt's as a release, I'i 
 of jHiwer of ;ittoriiey, 14, l;V2 (see Power of Attorney) 
 of K'/istereil instrument, M, u(i 
 
 other than a will, liKi 
 form of, 4'J 1 
 
 admissihie in evidence, ">(), ,57 
 
 to lie furnished upon sejiaration of counties, Jvrc, 'iH 
 
 notice of intention to use, in lieu of i>ri},'inals, .">7 
 form of. 4(t8 
 
 notice disputing,' validity of original instrument, 57 
 form of. 4i)lt 
 request to Ket;istrar to furnisli, 51 
 
 form of, 407 
 
 CHANCRUi' PKOCEKDINGS, (see Lis Pfiuhns) 
 oertiticatos of, 14, Via 
 
 form of, 4'i(t 
 decrees, Ac, affi'ctiiif,' lands, 127 
 by whom signed, Ac, 128 
 
uKN^■.K^r. ini«k\, 
 
 457 
 
 CLKllICAI, KUnoitS 
 
 <1<» niil \iti;ilf iT;.'isti!iti<pii. liKJ, 17H, ;ir»H 
 
 C'LKUK OF rHK I'KAC!',. 
 
 (liijdicutc <■(>%•( niiiil "f Iti^'istmr to In' lilcil with, >W 
 
 til (liriii-ll ciiliirs tllrli'df wlull II iiuilrd, :i 1 
 
 f. cs for, ;U 
 t'l fmiii-li ci itilicil iMpii's of i-i li.iiii I'.vlaw-., \i' , ii 
 riiiids. I'.t'.i, •_'<•! 
 
 iTlTl 
 
 itiK 
 
 CLOlh ON I III. II n.K 
 
 I'l'tlloMll o 
 
 Cornell., iM. u;r, ii.'. (-... inih 
 
 COMMISSION. 
 
 of Ilij,'i>tiiir mnilTi I'ti'il liv iriiHival of l!i'(.MHtr\ Oilici,', "21 
 ISt'Kistiar ii|ipoiiiliil hy, 2Vi 
 
 COMMISSIONKI! Ol" ( T.oWN LANDS, 
 
 to fiirnisli iihips iiml |'1iiiih of Towns innl Township^, .'HiH 
 til ciiMM' piojp. r ^iirviy iiiiil pliiiis to Kc iiiinli in ci'ititin 
 
 CIlSfH, ."iCilt 
 
 if |ilniis liy, !irc tviilcncr of tlic oii^riuiils, U(i;> 
 
 nttt'stl'l I'ojiir; 
 
 COMl'ANIKS, 
 
 lU'gistiy Act is tiiiiclin;,' upon Uiiiiwuv. '.TiH 
 
 CONSIJ'KKATION. 
 
 is citliir t,'oo(l or valniililc, 'il'.l 
 
 iici(-siir\ to siipport prioiitv of rtf,M^trutioii must be vulu- 
 
 alil., •i-.'O. •_".'! 
 wliiit is (Ici'nii'il to l(t' H vaiii.ililf, 21",l 
 a<li'i|inicv or iiiinlciiiincy of, •il'.l. '2'2'> 
 ilicvral. J.'O 
 
 nnistnot In' tiiintcd witli fr:niil. 22:-! 
 iin'xprcssi.cl. may lie proved, if not inconsistfiit, 22.' 
 oniu of i>rovin?. rests upon liim wlio claims ])riority. 22tj 
 
 CONSOLIDATION Ol' SKCMIMTIKS, 
 
 (lefeptive renistration does not amount to notice in ca.ses of 
 
 eiiuitiililc ri^'lit of, does not prejudicially alTc ct puruhaHer 
 
 for value, ;i;{." 
 
 gelKU'a 
 
 1 rul 
 
 e US 
 
 to, :i:u 
 
 doin lot amount to •' tuckinj:,' i53i{ 
 CONSTIirUTIVK NOTICK, (see .Vo/av) 
 
 is ini'tTeutual to defeat prioritv ({aiued throu(,'h re^ji.strutioni 
 230 
 
 CONTUACT, 
 
 j'Very, in writing,' atTectinj,' lands, may be reyistered, 11, lii 
 
 convp:yaxce, 
 
 definition of 12 
 
 remoTftl of fr.iuduleiit or voluntury convovance. 22.'} 
 
 30 
 
458 riKNKRAl. tM>KX. 
 
 CONVKYANCKR. 
 
 K*K'i^tr<tr, I)<pMly lUnittrnT aud C1<tL» ^nilulibil from 
 
 COMES, 'tC, {AW tWti_rird CopifH 
 C'OlM'OHATrON, 
 
 Miinidi'iil, 
 
 lUnistry Act i* ltiti<liu«; u(h>ii, UTi*' 
 
 rt'i'tivi-ry tif fee« u^'aiuHt. I>y lUirirttn*"^ ;>*C' ■'*¥n V*^t^ 
 .'ival of 
 
 n-t'i-itr.itioii <i( iii^trutuciit uudtt n;-!r i !•• ••— ri'turv. 
 A:c., r.'l 
 
 efT. it «'f iitlixiiii!. rJl 
 
 luu-t !>«• priiptriy afViveJ. ll'l 
 
 wliat is :i «iil)i<-ii'lit iitlivilJi.' of, 121' 
 
 iitltxin^', ilis|i»-iist-i- vritb attidavn irf vi—iicun, til. iX\ 
 
 re<|in^it)-s tu valiiUty of Jtted uudto 1^ 
 
 proiif (if, \'S.\ 
 
 BliDiild lit- att.-t. ,1. 123, 124 
 
 crrtificatf' iif di-icliar^.'*' <•{ uj"r1rnr»- 
 
 di-ed uiidir, uiu.il be siK'ucd, 1:^.^, 1^ 
 
 COSTS, 
 
 of provinp <>ri<rinal iii-trnnK'tit. Tt"! 
 
 uf a|)|ili(Mti<iii t>> alti-r '>r Htu*'iid piat>«-. ttu. 
 
 of !t<-arcln-s, Ac, ulluwi'-d upou tavauiru iii ttuOt-.TZ? 
 
 COINTY, 
 
 intciprt'tatiiin i>f, I'.t 
 
 cstalili.-liiiiiiit i.( It. ;.'i^tn Oflic^-t- iu. an. IT 
 
 HrL'istrv Othi-f l.i be » >;abli>-bed lu v\<-r} ih'^ US- 
 
 COUNTY CUOWN ATTUKNKY. 
 
 to pri>f<-i'd, at Iusj)ectoru request, aciuiim )•■- n .i ^'r.u.ij 
 to til. plans :«t3 
 
 COINTY (OINCILS. 
 
 inubt erect au.l maintain Kepistrx' Oiin't- vauttfc in., itl 
 maiulaiiius a;;iiin>t, to I'Jifurce duti.+ id. 'JM Hit 
 not liiiblf for r.-ut. if iliey lieKiei-i to jiri'vjuf li^ipHCry Otfi 
 ces, &i'., 23 
 
 COUNTY .TUIUiE, 
 
 certiticate of. upon pr<xif uf dealk, dkc^ uf miiiNDCiiimg wit 
 ness. :17, ll'.», 120 
 form of H'.tH 
 certificate upon llegistrv Bi.ok. f* 
 form of, 3'J7 
 COUKT, 
 
 seal of, affixed to written iuh-truuieii',., di*an!i»w with alfi- 
 (laMt of execution. 121 
 
 COVENANT, 
 
 action upon, 41 
 where joint and several. 41 
 of Registrar and his suretieti. 30 
 form of, 3y»» 
 
OR^ICRAI. nvT>r.x. 
 
 459 
 
 COVKNAM if.(H/ifi««-rf). 
 
 ilii|>li<'iiti s In lit' trttii«niiiu4 Ut rruTinein] Secretary ruul 
 (Ink of til.' IViice .341 
 
 )m oliUlDr-i 31 
 
 (•<i|iii's of inuy 
 ri'liusf uf, '211 
 ri'^'iHtriitiuii uf, dif* not riUn*! it U-yoiui its (iri^'iiiul 
 
 imiM.i t. K(!. •j.'iK 
 to rtiitw IciiM', h:j, m; ihw L*m**t 
 
 CltOWN IHIANTS. 
 
 Ilci |i 
 
 II fill r<'|/ii>trati<>a of, b<>f'>ri- Jiiiiuary Ist, 18G6, 
 
 II. ir.ii 
 
 list (if, to Im fiirniiili<-d to Utr lUifi^trar liy tlir I'mvincial 
 
 S.<r. tuiy. 11. wm 
 wliiii iiisti iiiiR'iitA cttu W r<ig:»t*rfJ prior to iaxiK' uf, l")7, 
 
 •ior., •J(m; 
 
 r('^;i^tliltill|l of will of iiomiiK^- ••r»*>i;;n«^ before iH8mMif,'2ltti 
 otlier iii>tniiiii'iit> iiiii-it K iiUJ in Crown Lunil Uftu-es, ir>7 
 tliey iiiii'^t In- uijcMtitJitioiiAl. 157 
 
 IlllllllKT of |•'■^;i^t^■|IIlu•. \-^> 
 
 iiftiiliivit Verify iiik' e.ijiy <>f, 107 
 
 fiil'lll of Vi'i 
 exeiii|ililii'iitinii of, l.Vj, l.>7 
 ali>tiuet of title is uot eviiit^nee of . 5o 
 
 DAMA(iES, 
 
 liiiliiiity of lie^'istrar and surtlit-f to Action for, 40 (see Reg- 
 ititnxr) 
 
 DATE, 
 
 nliseiice of. in iiicniorial and inxtmoiMlt, 173 
 
 two or more iiirtniiui'Ut* «9«<tiiii; same latuls reKistored 
 
 upon tlie same, 15:^, llt'A. 'A'ii 
 of registration, endorsed certificit*' is evidence of, 15-1, 155 
 
 DEATH, 
 
 of suliicriliinp witness, 117 iat:t Smbtcribinii \Vitnf*») 
 
 of Testator, KJG (see Will) 
 
 117 (aee Subscribing 
 
 DECLARATION. 
 
 of death, Ac, of subscribing 
 
 Witni'nx) 
 of UeKistrar on re-copyinp old Begutrr &>ok. '■) (see Regit- 
 
 trur) 
 or Httirmation may 1h- Bub»titat«4 for affidavit. 112. 115 
 
 DECllEE, 
 
 for alimony, registration fif. H, li',. ISI • 
 
 for foreclosure, registration cf. 14. Ii7 
 
 ill Chancery, for registralii.i] "f. 127 
 
 how far person is lioiiiul hy r« iTii-iriiii'.n of. 131 
 
 removal of registered. 131 (see Li* PtniLnt\ 
 
 DEDICATION, 
 
 of streets, A'c, 319 (see PliUi\ 
 
im 
 
 • tKNKIJAI, IMiKX, 
 
 nKKl), inrc timtriimt lit) 
 
 from Sli.iilT. 1.') '.'HI 2h\) 
 
 (hcc Shi'rijh 
 
 (roiii Tit iiHiiii r. '-'Hi (sic Tii.rr:t) 
 
 iiiinij.'iiiil, nut ciiiiiililf lit i(>.'i-<fiMti<iii, ',(7. l'j;i 
 
 vciliiittitiv, 'J"J(I I -re I'liliiiitiiri/ >'i<iivi-iiiiiii'r\ 
 
 DKFKCTIVK ( (tN\i;V\N( I' 
 
 /; 
 
 iii.itiiiliiin ) 
 
 UM'i-liiu iriii-t iij-'i-itii, if |iiii|Miiy untlii iiticiiti'il, l.'I 
 
 ri'Ki-iii'iiiiiii (pf, •.':.(;, ;ti j, .'i-.'-.' 
 DEFKC'IIVH Uli(iISTI{ATI()N. 
 
 aiiiiiiiiitN til tiotict' 
 
 :tll 
 
 l'M'l'|)t ill till' CUHI' i)f I'dllMililllltinll iif KlT'lll'itil'A, .'M.'l 
 
 l{l•^'i^t^lll■ inoliiliitt'il fiipin i ;;'i-.ti rintr in fiilnir ii|ii>ii ArUc 
 
 ti\i' |iiui 
 
 .f. :iir, 
 
 rttin^iuclivf mTi iM nf tin TlHli Hii'tiiin iih tn. :th', ;il('i 
 
 limv fur iMiri'il, ;i"i."(, :i.")7 
 
 llrf;i>-ti> Art nf IH HI, w.-i< iiiijH'iiil ivr in it-; r('i|Miri'Miriil>i, H.IC 
 
 tlif iCisli l!i(.'ihlr.v Art is niainliitcrx 
 tuition, llTiT 
 
 IIS to pronf fur ri'KiH 
 
 of ct'ititiciitc of ilis(')iiu').M- of niortnii^'c. Im'J 
 
 dtrinil errors niiil foriniil oiiii>siiiiis. 17:i, .'triH 
 
 rctrosin'ctivc illcct of llh- H7tli scrtioii in n^jurt to. ii^tH 
 
 riliitiiij.' til iiniiicoi|Miriitril villii>.'rs, (il!, ;)iV.i 
 
 jirior to Miircli •J'.illi, lM7:t, is not vojil, for nii.v ilifcct in 
 
 |)ioiif, :i."iit 
 ri'iiHiliiil ilTii't of till' HHtli M'ftjoii in rcL'iinl to, 'M)0 
 
 1 tl 
 
 tl 
 
 iloll^h till' iilisi'iH'i' ol |iri 
 
 r I'crtiticiitcs or ontrus. 
 
 can SCI 
 
 DKLIVKUY. 
 
 rc^'istrntioti iniioiints to, 'iHl 
 
 of Hc^'istrv liook", 7*2 (sec Rriii^tnir Kiiii»lnj linoki) 
 
 DEIOSIT Ol' TITF-H DKKDS, 
 
 writing' inconipim.viiij;, is caimlilc of icKistration, 12 
 
 DKITTV HKdlSTIiAli, 
 
 inciiiili il in the wonl •■ l{i%'iHtrar, ' 2i) 
 u|i])ointnicnt of. II 
 
 liv l{i uixirar. 1 1. Ki 
 
 iniiHl 111' ill writing' midcr iitiicial sinl, 41 
 
 form (if, 40(i 
 (luticH of, -l-l 
 
 must make oatli of oflicc, Id 
 form of, l()(i 
 
 atti ndancc at ollicc, o'i, ■")•'{ 
 
 must ai'coiuit to Itcnistrar for fees of otlice, 15 
 
 niioii (leatli or rcniovul of Hcfjistrar. 44 
 disaliilities ol, 
 
 cannot make a deputy, 45 
 
 cannot ))roilufc rcKistemd document, upon («Hbpa>n« 
 
 liuliilitv of, 
 
 vitliout ])ci mission, 5'.) 
 
 is not responsible for neglect of duties except to llegiis- 
 
 trar, 40 
 while ext'Luting uflice of lU'Kistrar, 50 
 
(iKNKUVI. INDKX. 
 
 461 
 
 PKlM^rY llHiMSTIlMl i,n„lnni,;h. 
 
 luuy 
 
 1)0 iinlii'tiMl fill' nii-ili-iiii'diiiir, l'( 
 
 (ivi'ii iiftiT iliHiiiisH il frii!ii iillii- ', l'> 
 j')iMtlv III li'-litlilc with K^'Mi-iti'itr. 4'< 
 
 till' Iti'^'iHtiMi' i-< liiililc for tlh' m'ts iif till', 4<i II 
 
 rumoviil of 11 
 
 DESCUIITION OF lAN'PS, 
 
 uli'4i'iii'<' iif Idcil 'ii- s|ii'fiiic. ill iiHtrmii 'III, '11, n;l, (J.'i, U7'.* 
 
 ill iiii'iiiciriiii, I7i> 
 
 in pu till! li>-v II irk'<' "f iii.irl;,Mt.'f, |ss 
 
 iic('i)iii|iiiiiyiii^ iir<t iif Crown (iniiitM, :ili.'{ 
 
 UlSCllAUiiK. 
 ilcliiicil. i:< 
 
 UlSC'll.VIKiK ()!•' MOi;r(i.\(iK. Ckuiii i. atk dk 
 
 uuilcr r>rin 'r It '^'iitry At-ls, 17s 
 how ri'K'i>t< r.ul, 177 
 form of, .•('.»«' 
 tiiiii-isioiis ill, lK"i, H7 
 
 iklti 
 
 II of iliitc ill, lifter I'xc (Mitinn, 1H7 
 
 t'Utr.N .11 Iti'fiistr.v Hook is cviilt'iict; I'f diif form of, IHI 
 llllisl lie (executed ill tiii' pri'Si'llcf of oiii' witness, 177 
 even if exei'ilteil muler coiponite sen!. Til 
 
 uillitioii, \.i- , of witness need not iippeur in attcH- 
 t;ition eliuiHe, l',IH 
 Hepiirnte. leipiiietl for eadi mort^^'a^'e to h • iJisrhurKeil, lwr> 
 iillic.icy of, isd'riveil from it-, i.ntiy and ri Kistiiition, 177, I"*'' 
 
 upon lieillj.' Iiv'i>tered openitrs lis ii re eoliveviinie. l'_', I 77. IM'2 
 ]|ot withstiindin;,' proof is dtfective, l.'^'i 
 or execnti'd after defiinit ill payment. iHl 
 tilkes elTeel from the date of le;,'islr.v. IS'2 
 Ue^jistnir s certilieate on inort),'iiK«' "f discharj^e entered 
 
 in evidence of reconve.vaiii'e, IHl 
 JH not an estoppel as to fact of payment, IS.'I 
 
 prior to rt.'Kistralion is only evideiK f payment, I'J, 13. IH.H 
 
 and the nioit;^'aj,'ef retains the icKal estate, is.l 
 
 inort^MKe must lie le^ristered, 17H 
 
 if i\iire;,'istered, lnorl^;a^,'ee must recoiivey, 17'.l 
 iMit^iish practice as to dischiUKiiiK' iinrenistiM'ed inort- 
 Kiip'. 17H 
 who are entitled to receive mort^'a^:e moneys and diseiiarKe 
 
 luortna^es, IHO 
 by nj^vnt under power of attorney, lM:t 
 by assij;nei) of mort(,'a^!e, 177 
 
 assit,'nment as well as moitKiif,'e must he registered, 179, 
 
 IHII 
 
 if uiiro>?istored, assigmH' must either register o. recon- 
 vey, I HO 
 
 mortu'ii^'ee cjinnot in sucli ciwe execute certificate 
 of ilischaifje, IHl) 
 
 by BttilitT, i;i:i (see SlicriJ \ 
 how executed, 11)7 
 form of, 3'Jil 
 
 II 
 
462 
 
 (IKNKUAL INKKX. 
 
 I 
 
 DISCHAIUJK 01-' M()UT(iAflE, Ci-RTiFirATK or irmitivui-d), 
 
 rcqiifHt of, to l»ivisiou Court Clerk to uttuch Hoal of 
 Court, liCf lit; 
 fonu .if, I'JH 
 lins no jiowcr to cxt'cntc rcfonvoyanoc in lien of, 197 
 onlyojicriiteH as n rc-convcyunco wlicri' all tht; niortRugd 
 moneys lui' ]kM, ]!>7 
 
 by coriiorntiiin. 12t 
 
 by cxiMMii.rrs iinil ailniini8tr<itors, lyi ' 
 
 by one of si.'Vinil, 1^1 
 foni^ni, IHI 
 
 by niiirrii'il wunuin, 11)1 
 form of, :;U',> 
 statntfs rclutint,' to, liU 
 jointly (xci'utt'il witli biisband, 191, I'.Ci 
 wbat amounts to a joint execution, \'.)2 
 order (.lispensint: witli consent of Inisliand, 1',1'i 
 executed prior to l)ec. 11), iHfjH, conlirnied I'.CJ 
 
 by Slieriff, l'.t;{ 
 
 bow exicuted. 197 
 
 f.irni of, :v.iy * 
 
 no jiower to execute a re conveyance in lien of, 107 
 
 only I jierates us a reconveyance wlieii all mortKnf»« 
 moneys jiaid, l".t7 
 will be inonerative if taken under misapprehenHion f)f 
 ri>:lits, IH;-., 1!)') 
 
 where the lethal estate does not pass, 185 
 where improper form of certificate is adopted, 186, 
 I'.Ki 
 wbi'n a re-conveyance will be jncsumed in tho almencs 
 
 of, l(s,s 
 reL'istrnlion of mort^.M^,'e in full jirotects the niortf»a(j;or 
 
 in takinj:. 1H7 
 of leaseholds. 
 
 Ue^'istry Act does not n]i]>\\ to dishar^jeof mort^'aj'Hi 
 
 of lenseh(.ld interests, 114 
 on ))ayment of same, mort^'agee must execute, re- 
 assif.Minicnt, iVc , 111 
 to (lurdoiser of nlo|•l^;M^'or s interest at Sheriff's Salo. 
 ISH, 11(1, lit.-, 
 form of, 4'_'H 
 
 when same will \>f inojierative, l',>,") 
 partial, 1S8 
 
 iicscri|ition of lands in, lnH 
 statement of amount in, 188 
 caution to be ubseived ill executing', 1H<J 
 ai'tioii a),'aiiist person executint.', li^H 
 
 DIVISION coriiT, 
 
 penalty for refusal or neglect to re}.'ister plans, recoverabl* 
 
 in, ;i.w, :{.jl 
 Clerk of, re.|uisifion to by Bailiff, 193, 197 
 ftirm of 4'2H 
 
 DUPLICATES, 
 
 re^'istration fbnujpb, 14H, MTy 
 must be compared by Registrar, IM) 
 
(iKNKRAL INDEX. 
 
 DUTIES, 
 
 of Deputy RfRistrar. 14 («o.. Depitty ReqiKtrir) 
 of Ins,M.(.t(.r, 3!»1 fs,.,. In.i„-cUn of Registry Omr,») 
 
 EJECTMENT, 
 
 when .l.f.., .lant in is e.topped from denying the registered 
 title (if phtintitl, '2")S 
 
 n-Kistration of phiintill .s d 1 after hrinKing, 44') 
 
 ENDOHSATiny, 
 
 ofinHtruments witheertifieateof reKi.tnition, M", \->0 \r,* 
 'Mr""i/"'""" '"''^""'■" "^ •••■Ki'^tration and ex.cutio'n of 
 
 nit III (^, 1*J.'> 
 
 evidence in action of ejeetnieiit 140 
 
 presiiniption that jiHity si-ninfjis the Jieuisfrar 146 
 
 nt what time eiidorMment sliouhl 1„. nia.h' 147 
 
 under yuehec ]{egistry Laws certiHcate mav he attach- 
 
 is evidence wliere Re^'JHtry Books are lost, .Sr.:{ 
 
 of allidavit <if execution of iiistriinient KV 100 
 
 of cert.ticate of party takin- afli,h,vit al.road under 
 
 lu-j,'. Act of 184li, 1(17 
 of certiticate hy County Court JudRe on pr..of .,f execu- 
 
 turn in certain cases, II7, 120 
 of certiticate hy Chairman of Justices in Session ] I7 
 of certificate of Judu'e in case of loss ..f HcKistrv Jiooks 
 
 •>.').1, .i.i.j ■ ' 
 
 of order disp^nsin- with consent of hushaud, 1!»2 
 ENDORSE I) DEED, 
 memorial of, 171 
 form of, 427 
 
 ENROLMENTS, 
 
 Statute of, :2 
 
 ENTRY, 
 
 omission of, in Indexen, G(i. 77, 7h ^ei 
 
 ie<,'istration iiumher of 
 
 R 
 
 <'Kistry Book Ih evid 
 
 instrument is evidence of, 158,324 
 
 ence of. 153 
 
 EQUITABLE INCUMBRANCE 
 
 invalid as against registered Inst 
 
 nieaniiif; of term. 
 
 ruments, 32 I 329 
 
 notice .,f d.f.ats priority .,f 
 ri>.'hts of, 2;V.) 
 
 nie party, his luirs 01 
 
 asMi^'HS. 
 
 if^'istiatioii, 23S, .32,^ 32;) 
 
 330 
 
 EQUITABLE MORTCAdES, 12. 32(;, 
 ERECTION OF I!E(;ISTRY ()Fi[( E 
 
 cih- R 
 ERRORS, 
 
 ("tstr 
 
 II Ofti 
 
 na'n] 
 
 "■'■ (si'c Cninity Coun- 
 
 rptioii, 103, 173. 3r.N 
 
 clericci, di^ not vitiate rcKistr 
 
 in ahstract index. 77, 301 
 
 ill alistiiict of titU', 43 
 
 ill alpliahetical index, (ifi, 78 
 
 Rej,'istrar halde to damages caused hv, 44 
 
 46S 
 
II: 
 
 464 OKNKKAL LNUEX. 
 
 ESTABMSHMr.NT OF HEGISTUV OFFICES, (see Rtgitlry 
 
 ESTOri'KL, 
 
 (lisrlmrtrc of inoitKiiK"' i^" i>i)t iiii cstopiKl ii.-- to fact of pay- 
 ment, in;j 
 
 evidf:nck. 
 
 of entry, Rc^'istry Book is, lo!! 
 uli.stnict of titlf , iidniissibility of, lis, ')(), 37-4 
 of fXi'cutioii ol instniiiifiit, '.t4 (.sec; Atfidavit) 
 of patent, nlistiiict of title is not, ij.5 
 , cxenijilitication or (•pititieil copies of registered instruments 
 may l)o given in, oti, o7 
 
 notice of intention to use certified copies as, 57 
 
 form of, 4()',) 
 notice disputing validity of original instrument, 57 
 form of, 10!) 
 of registriition, certiticate of registration is, 145-150 
 
 qualiticd ceitilicate is not, 151 
 of memorial. Id!) (see Memorittl) 
 of power of attorney. 130 (see Power of Attorney) 
 
 EXECUTION, 
 
 creditor is not a purchaser within the act, 216, 292 
 against lands, 2H'J et a^jq. (see Sherifl) 
 of instruments, '.)■! ot. sei}. (see Ajfidnvit) 
 
 EXECUTORS AND ADMINISTRATORS, 
 
 assignment of mortgage liy, 181, IH.'J 
 
 ni ed not state their a(;ting in that capacity, li^2 
 discharge of mortgage by, iHl, 182 (see Discharge of 5Iort- 
 
 .'/"AT'I 
 foreign, cannot act in this Province, 181 
 
 EXEMPLIFICATION, 
 
 of Crown (irant, 15(), 157 (see Crown Grant) 
 
 of letters of administration with will annexeil, 18, 158, 160 
 
 of registered instruments, 50, 57 (see Evidence) 
 
 FALSE SWEARING, 
 
 to he perjury, 305 
 FEES. 
 
 abstract of title, 373 
 figures in, how charged, 381 
 affidavits, 378 
 
 entries m ditTereiit townshijis, lis, 3fiH. 370 
 certificates, 370 
 certified copies, 37<i 
 certificates, of discharge of mortgage, 381 
 
 payment of taxes, 381 
 
 other cerfilicales. 381 
 ninking cojiies of memorials, instruments and statements 
 
 from another county, 71, 377 
 entering lots under sec. 35, 378 
 exbiliiting original instrummits, 378 
 
 plans, 380 
 
OKNEBAL isrex. 
 
 FEES, (continued), 
 fili'ig itliiiis, ;j76 
 
 inspi etion of iil)Htract in.lpx 372 
 for rogistratiuii ^t iieiiillv, ni-.j 
 Benrcliint,' abHtract in.l.x, .'171 
 
 Hlplml.,.ticiil index ;i7a 
 
 titles, ;i7l 
 
 geiiciiil, .-J?! 
 
 stHt,.n,...t.s furnished upon «.parati„n of counties, 69, 71. 
 
 form of n.:;:.::t';:"'i?;-' '-^ "'-^'"'*'- '- -pni-^^t, 382 
 
 Kt'KiHtrar ,s not entitled to notice on refusal 42 38'> 
 tal.le of, t.) I,,, posted up tiHo "^"usai. *i. dH2 
 
 paynl.le I.efore n-istration, :i>it '*"**' "* 
 
 preimyiiieiit niav be waived 381 
 
 recov:iv o; "f^!^: ZniJ^' ''"'''''' '"' """ 1-yment of. 384 
 „tT f '"""I'-iP'*' corporations, 3M2 
 
 JTeet of inspector', cert.ticate. 383 
 
 pioof of demand and refusal 3s:s 
 
 rtqucst should Ijs in writinp'sni 
 foini of, 432 
 action for, to try right to o.lice of ii,.;:i,trar -^e 73 
 Ii...^rar .-annot sue ^.r. where not expres;i;';,^ide.l for. 
 
 fc^r^stnaions under other Statute.. 370 (see .,,.„,,,,. 
 
 d.sbursenu.nts for, allowed upon taxation of co.t« .u .ut. 372 
 i^lLING, (see Plu,i) 
 plan, 337 
 
 FOIIECLOSIKE, 
 
 decrees for. 11 127 
 
 465 
 
 certificate of hi 
 
 1*27, 120 
 
 ii'g of hill for, need not 1* registered, 14 
 
 FOREKiN, 
 
 SS i.S:;'r^;r '"• ^^- »^ (- ^'Z' 
 
 venoy, 212 
 executor or administrator 1)^1 
 
 Viri^l 
 
 FOKC 
 
 eertifi 
 
 cate, affidavits, &c., to be felonv. 365 
 
4GG 
 
 fJKNKRAl. INDKX. 
 
 FORMS, (se(' [ii(l,:r itj Fnniu) 
 iil))iriiilix iif, uy.\ 
 
 FKAl'DULENT CONVKVANCR, 
 
 rcKistnition of, confoi-.s no ))riority, 2.12, 2G3 
 rcriiiival i)f, 'J'J.'J 
 
 uiircKislc'rcil iiiHtriiinciit mljiulgoil a, ngainst purchaser fo 
 vnliu), &(!., 201 
 
 FIUrDT'LENT rUACTICES, 
 
 l)y llft,'istriir, 11, 50 
 
 FLRTHKK CHAUaK, 
 
 ifKistnitiiiii of, 211, 212 
 
 iiotici) of i)rior iiiort>,'ii>,'t' is not notice of, 238 
 
 GENKHAL ItESCRII'TlON OF LANDS, 
 in insfnnnent, (il, (JU (15, 271) 
 in Hicuiiiiial, 17<> 
 
 (iENKUAfi RHdISTUY IJOOK, til, 03, m (soe Rcijistrn Bookt) 
 til)ihal)i'ti('iil index tu, (>U 
 
 OKANT, 
 
 from tlic Crown, 11. 150 (see Crown Grant) 
 of litters of luhninistration, 14, 158 (see Administration 
 with Will iiuuexcd) 
 
 GRANTOH, 
 
 oxt'L'ution liy tlie. must lie shewn iu affidavit of execution, !)6 
 
 GRASS, 
 
 sale ot, is an interest in lunds, 16 
 
 GROWINCi TIMBER, IC, 17, 307 (see Timher) 
 
 GUARANTEE liONO, 
 
 nniy he <,'iven tiy Registrar, 30 
 form of, -103 
 
 HOLIDAYS, 
 
 allowed to Ret-'istrar, 52. 53 
 
 no instrument can he re^jisterod thereou, 52, 53 
 
 interpretation of word "holiday," 63 
 
 HOURS OF ATTENDANCE, 
 
 rcfruhited, 52 
 
 instruments cannot h»' rei-eived except within the, 52, 53 
 
 HUSBAND. 
 
 jointly execntiiiK discharK(^ of ninrtt,'a<jo to liis wife, li)l 
 order disjx'Msint^ with execution of instrument hy, may be 
 registered, 1!)2 
 
 INCONSISTENT CONVEYANCES, 
 
 hy same grantor, 2(j t 
 INDEX, (see Ahstract Index— /I //>/ia6fficai /ndcx) 
 
 of forms, 446 
 
(iKNKKAl, INDKX. 
 
 467 
 
 INDICTMENT, 
 
 lies HKaiiist rh'puty RcKistrnr after ronioval, 4.5 
 joint, will li,. af.'iiiii,st K.Kistiiir iiiul Deputy, 45 
 
 " INEVITAlil.K DIl'KIcrLTY," 
 
 what is, and wliat in not, 27a it seq (.-iee If'Ulg) 
 INFANCY, 
 
 dooH not prevent registrntion liy devisee, Ac, 272 (see Will} 
 INFORMATION, 
 
 of quo wairofitit for ollioe of Ilegistrur, 2(j 
 
 INSANITY, 
 
 of snl.scril.inp; witness, 117 (fi'ii Subsrrihin,, Witiifn* 
 of devisee, Ae., 27'i (see »'(7Z) 
 
 INSOLVENCY, 
 
 deed of assir^nnieiit in. C.l, I',', 
 foreiKii deed in, 2V2 
 proceedingH in, 1") 
 
 INSPKCTOH OF l!K(iISTHV OFFrCKS. 
 ai>pointinent of, Silt) 
 impoitinietf of appointment ol", .-iito 
 ■ 8iitisfaetory workirtjr of system of inspeetion, .390 
 
 may permit several lietristiy Iio,,ks to he in nse at ouee 02 
 
 form of jiermif, ll;{ ' 
 
 may order old I'iet.'istry Hooks to l.e re-coi)ied, 74, 75 
 
 form of order, Hi 
 dutiis of, 
 
 to inspeet bnildinK^^, •"i'.'l 
 
 to see that proper hooks are provided, 301 
 
 to a.-eertain tJiat lie^istry Olliees are kept open, 391 
 
 to settle upon ih'viee of otiicia! seals, 892 
 
 to ins|)ect new indexes, ,Vc , 'Ml 
 
 to see that jiroper jilans are filed, .'{!».'{ 
 
 to instruct County Crown Attornev to proceed a"ain8t 
 persons mrleidiiiK to til,, plans, 81I.H 
 
 to report upon vaeaneies in office of Ret,'istrar and 
 Deputy, .'iii;! 
 
 to instruct Ke^'istrars in their duties, if required, ;J94 
 
 to ascertain sufliciency of sureties, ii'Ji 
 
 to re(piire new iccot,'ni/aiic(s, ;{;{ 
 
 to report to the lit. (iovernor, ;{!<4 
 salary of, 3!);> 
 
 INSTRl'MKNT, (see /).,.r/,s- -;?,-,,/.s7,v,/,-,m) 
 inteipretation of word, 11 
 when to he deemed re^'istered, 79, 1()7 
 wlnit may he registered, 11, 10, Hi 
 
 execute.! in England, thou^li uust.aniped, can be registered 
 here, 4i;{ 
 
 registration of, other than wil 
 13(1 
 
 at full length, 143 
 
 in two or more parts, U.*) 
 
 in several Registry Ofllces, 
 
 liudorsation of certificate on each part, 145 
 
 I 
 
468 
 
 GENERAL INDEX. 
 
 INSTRUMENT, (s(>c Deedm—KegbtratioH) {coiUinued), 
 afTcctuiK lots in ditTerciit localities, 147 
 ulT< ctiiin liiiuls Slim t(! ill liilTficiit counties, 118 
 " not i( (luiiiiit,' rcf,'istry, HS, U>7, SVi 
 
 iH iioticv. L>:}1, :{<>-2, 3(i4,.'i()5 
 rcquiii'd to \>v rcgist(!i('(l uiuicr ccrtiiin Statutes, 433 • 
 must be cojiifd in the proper Registry Book, 150 
 must 1)0 fntereil in the projier Kc^'istry Otlice, 313 
 must 1)0 entorpd in eonsuuutivc order, 162 
 and bo numbered, 155 
 
 registration numlier of, is ovidonco of its entry, 153 
 bow to bi! reHistcro<l, 150 
 must itself bo legistored, 2()!( 
 
 ondorsntion of cerlilicate of rogistration upon, 145, 150 
 recitals in, relating to an unregistered iiistrurai^nt, 209 
 every, in chain of title nnist bo registered, 88, 213, 204, 310 
 claiming priority must be executed by person liaving title at 
 time of execution, "'52, 255 
 by a stranger to the title, 253 
 by grantor after title has passed by a prior conveyance, 
 
 253 
 by heir at law witliout notice of transfer by ancestor, 253 
 by assigiii't^ in insolvency, after prior bona fido transfer 
 
 by insolvent, 254 
 executed before Jan. 1, 1866, registration of, how made, 
 167 
 l)roof of such registration, 169, (see Memorial) 
 proot of registration of, since that date, 94 (see proof for 
 
 rfiiistftilion — Atjulivit) 
 the K'egistry Act conteni])lates registration of every, 
 
 10, Hi 
 but unsigned deed is incapable of registration, 97 
 
 INTEliPKETATION CLAUSE, 11 et seq. 
 
 JUDGE, 
 
 to grant certificate uuon proof of loss of Registry Books, 
 
 &c, 353, 355 
 of Comity (Jourt to grant C(!rtiticato upon proof of death, 
 
 Ac, of "witness, 117, 119, 120 
 
 JUDGMENT CREDITOR, 
 
 is not a purchaser within the Registry Act, 216 
 
 JURATS, 
 
 to amdavits, 110 
 forms of, 415-117 
 
 JUSTIFICATION. 
 
 aflidavit of sureties, 30 
 forms of, 396, 405 
 
 LACHES, 261 (see Nnjlect to Rojhter] 
 
 LAND. 
 
 interpretation of word, 16 
 assignment of uni)atented, 206 
 
OKNKRAf, IN'DKX. 
 
 LAN?:, 
 
 dedicntioi) of, l,y (Hjiij, pi„„_ -^c, .^-^^ 
 
 LEASE, 
 
 r.'Kistiaton of, i;{, h2 ^ ' ' " 
 
 creation aivl comimncrnicnt of Ktiii H'J 
 
 to I, s qnofiPs ,.ov..,.ant :h not within tl,.. ..^nMition sV 
 uctuii possess Dn " iiiiisf r . „i -.1 ' l'''"n, Ho 
 
 ' '" "'*- actual possession " On 
 
 does not ,.xtend to lease in futnro, ,sa 
 
 eqniSr;;;;;:;;^'''''^"''"^-'""'^^'''"'''''''''-^'-'''^^^ 
 
 ill futnro, 87 
 
 inust b(! rei'isfi.ieil in in ,. . . i 
 
 noKleot to n.,;st^,:;, HH " "^''" ^'""•" '"=•'" "^«^-l^ 7 >ar«. '.r^ 
 
 notici' of tuu■e^ristl■n■l^ ,S9 
 
 '"no;l.j:^,;;S'tr"' '"^^^' ■" "'■-— »'- '" 
 
 ^^ TS w'r ' '"'r"'l"""* t° -^"""tiou of n.ort.a,,. 2-?7 309 
 l..~f nnrt.a,or .s bound 1., ,.Wor re^istn- of loH- 
 
 assignment of, ,S7 
 
 agreement for, 18 
 
 registration of the assignment is not a registration of 
 
 LEASIiHOrj) rXTKKE.STS, 
 
 aj,'re.uneiit for assignnipnt of 18 
 
 the He.Mstry Aot does not apply to mortgage of. -14 1 
 
 LEGACY CHA]i(iKD TPOX LAND, 
 
 assignment of. ,„Kler English llegistrv Aet 17 
 ■scapahleof registration, 18' ^"^'^'^^ 
 
 LEGAL ESTATE. 
 
 is transferre.l l.y the mortgage to the mort-acree 177 
 
 ^^J^s^^cTorSiis'''" "" ^^^'^'^^'-^ ^^' -- --^ •- p- 
 
 LETTEI'.S, 
 
 accompanying deposit of title deeds mav be registered 19 
 
 of admnustration with will annexed 1.^8 te H'V /, ' 
 
 of :S;n;;ri4""' '"■°'"^''-' "^^ '-vidlS;:f L;2tacy, 281 
 
 LIABILITY, 
 
 of Deputy Registrar, 40 (see Deput,/ RcmtrarS 
 of Reg.8trar and sureties! 30, AQ. rj {.TR^glLr 
 
 469 
 
 IN 
 
,1 • 
 
 470 UKNEUAI- INDEX. 
 
 LIEN, 
 
 {Ictineil, 325 
 
 e(itiital)l<!, m not viiliil iiKiiinxt a rt'i^istcrcd iustrumont by 
 Kiiiin' piirty, &(!., 'ii'ii 
 notic'ti of, :V2.s 
 ■veudoi'H, for luipiiiil jiiirclmrtf inonoy, 325 
 
 Inn priiirity i>\cv u jiiil^^mcnt liriulitor, 325, 320 
 noti.'o of, ;'i21» 
 licnistnir liiiH uo, upon instruments for nonpiivnjiait of fees, 
 413 
 (jf Mutiiiil Insurance ConipanicH, abolished, 2(»5, 145 
 
 LIEUTENANT GOVERNOH, 
 
 uppointnitMit of Registrar, by, 20 
 Ki'^istrar to niak(' rt'turns to, 386 
 Inspector to rii)ort to, 31)4, 3'J5 
 
 LIMITATION, 
 
 of Kt't;istiiir"s liril)ility for loss fronj errors or omisyion, 44 
 
 on erroneous certilieate, 14 
 of ri^lit of aeti 111 a;,'ain>t Registrar, when Imrred. 413 
 of sureties' lialjility to amount of penalty in the Bond, 41 
 
 LIS PENDENS. 
 
 doctrine of, 125 
 
 is not constructive notice. 130 
 
 certificate of, nuist be tiled, 14, 127 
 
 exce])t in foreclosure siuts, 14. 127, 129 
 
 form of, 420 
 
 effect of reyisterintj, 128 
 
 extends only to the rights involved in the the suit, 
 
 128 
 does not affect one with fraud, 129 
 how far a person is bound thereby, 131 
 conveyance taken pciuhnte lite is not void, 129 
 when effect of, ceases, 129 
 vacation of, 129, 130, 132 
 
 form of order vacating, 420 
 form of certificate of oi-der, 421 
 registration of decree dismissing bill, 130, 131 
 in common law suits, 130 
 in alimony cases, 131 
 
 LIST OF INSTIUJMENTS. 
 
 to bo registered under various Statutes, 433 
 
 LOCAL DESCRIPTION, 
 
 absence of, in instruments, 61, 63-65. 279 
 in memorials, 170 
 
 LOSS. 
 
 arising from neglect, Ac, liability of Registrar for. 40 
 of Registry Books, (see Re-registration) 
 
 LUNACY, 
 
 proceedings in, 15 
 
 of subscribing witness, 117 (see Subscribing Witness) 
 
fJENERAI, INIJKX. 
 
 MANDAMUS, 
 
 to ('..uiity Council to orort R-.^istrv Otllcos, &c . 23 24 
 to l{.'Kistrar to (lisrl,„rKf .liiti.'s of his ofli,.,. r>l ' 
 to deliver up iu.-fruiiitntH, (U), UHi, ;)oo ' 
 rfnistiy Ijo.iliH, 7:{ 
 to sMLscriLin^r witn.-.H to make ain.lHvit of exeeution, 111 
 
 MANNKU OV UKaiSTI-:UIX(i, (... lmrumna--R,.>Utratiou) 
 lustiiiMu^nt to 1)0 registered in full HH 
 
 ''^nS;''"'''' "'""""' '"■^"'■" •''"'■ ^''' ^^'■"'' 1«7 (seo Me- 
 
 delivery of instruments to llegistnir, 11 J 
 
 what certilicates an; to I.e roKisteivd in full, U4 
 
 lustrunieiits in two or more jiarts, Ujj 
 
 relating to sevral lots in .litTerent localitioH. 147 
 affeetniK I'lnds m more tlian one county, 14H 
 
 MAP, 337 (see Plan) 
 
 MAUGLVAL KNTI{IP]S, 
 
 to be made by Itef^'istrar, l.'Jo 
 
 of discharge of registered mortgage 177 
 
 omission of, 3(50, 3G1 
 
 MAUIilED WOMEN, 
 
 certificate of discharge of mortgage by, 8, 191 et ,n, 
 order dispensing with concurrence of husband. 192 
 
 MECHANICS' LIEN, 
 
 MEMORIAL, 
 
 registration through, prior to Jan. 1st,, 1866 169 
 
 to be written or printed. 1G9 
 
 forms of, 425, 426 
 
 contents of, 170 
 
 description of lands in, 170 
 
 registration confined to the lands mentioned in 175 
 
 Kv whom executed, 170 «""onLu in, 1/5 
 
 affidavit accompanying, I70, I71 
 
 form of, 425 " ' '- 
 lio\y proof made, 170 
 
 variance between instrument and. 173 
 absence of date in, 173 
 
 material omissions in, I73 174 
 clerical errors in, 173, 174 ' 
 who must be the witi'ioss to I75 
 cert,fi,d copy of, is evidence of fact of registry 58 
 o discharged mortgage, is evidence of siu Ii nort,m,.e 4U 
 of instrument endorsed upon another, 174 '°°'*^''^^' ^^ 
 form of, 427 
 
 of power of attorney, 170 
 of will, 159. 170 ' 
 
 form of, 426 
 
 form of affidavit accompanying, 427 
 
 471 
 
47-2 
 
 OKNKKAl, IM>KX. 
 
 XriNTTK OF 1{K<UST1.ATI-»X. 
 form of. :{'.»;» 
 
 Mis(;oxi)rr'r. 
 
 H !:;i-«triir iin I bin gurotit^i* liaWl*- Un li***- eaiB««i tty, U) 
 
 MISDKMKANOK. 
 
 Il";;i><tr.ir III! I I>'|>iity juiutly iuJii-itttii*- i>iJ_ 61- 
 
 I) -p I'.y is ill lict4'.i> f IT. Hlth lUjiL uii^ dn-aj«w»I. fcT 
 
 MOXKY. 
 
 order for piyin-n? of, out of r^^utK, cuu i« »np>»wrf»il, W 
 
 MOUTGAdK. 
 
 ilftiiiitioii (if. 12 
 
 writing; ac -oinji inviiitf 'k'jxisit of litlt- d»?ttu i" vi.? if, 12 
 efiuital.lc. \'2. :{-_>6, ;^-.'7 
 of iiiij>rttiMit<-il laiiil>, "J't'i 
 
 to so(Mrf mi|>aiil purcliasf muii«'r, 'JiM^ 2W -r. ff-j 
 foiindfil upon li pa-it consideratiou, :.'l** 
 re^'istr.itioti of, protects wjnitakiJe tiii« of miirijturnr, 'iHA 
 at full It'iii^th protects mortpairor lu iMnuiiunr litwhariye 
 of, 1H7 
 uiirf>:istered, is (;ood inY<T partrn and tilumimat uulHr chnm, 
 
 •2C,i 
 fort-closure of. no certificate of lif peudeuF imwc i« mipsttirnd, 
 
 11. 127. 1211 
 transfers Ictral estate to mortiiapee. 177 
 until discliarj,'e nf, or recourtyauce morirur'H' -^r.irnn chi» 
 
 Ural e-t,ite, 1S:5, lii't 
 memorial of. executed prior to Jan l«i UJiH. I'iS> iAne 
 iliiiioriiih 
 
 discbir^red, is evidence of bqcL moTOpapt tt* 
 of leasthoMs, 411 
 
 wh-n sati^li"d are di'icharged brn-u*- ri lu-i', i.- . U4 
 assignment of. 12 
 
 operative words of, 443 
 
 must l>e under seal, 443 
 
 aliouM be re^ristered to prattHit tbf iiHHijni»«; tfeT 
 
 re;;istration of i> not notice t" tbe luirruiu^iic UW. :ll)9 
 
 but i.-< notice of bis traoKferret- Itlfl* 
 must be re-fistered to enable aHsiriit* ii ii.-i''iar.'f, 17!> 
 
 180 
 if unrei-'istered assiirnee mUKt ie-(!(n»veT 2M\ 
 with notice of fraud in m')rlt.'ace, SilT 
 by executors and admi'iistraturji. 1H\i. l*u 
 
 neeil not state tbat the vexHcnie iii "irr •■iniiiritv, l'^2 
 by foreign executor or admiuistratuT j- n • i. .i, Wl 
 assijinee of, is a purchaser, 214 
 to what extent, 217 
 
 MORTGAGEE, 
 
 is a purchaser within the Ret'istry Atrt. 2Ji 
 is a transferee of the lecal estate. 177 
 
 retains the legal estate until discharge or rt^-jirrJftvTncH. Ii3. 
 186 
 
GEKHBAL IM.r.X. 
 
 MOKT(iA(i()U. 
 
 the <'4uitaM.- rik'titt of. w protecU-.! hyrepisfrv .,f ninitp.Kf 
 
 the lessee of, is Im.uuiI 1.tU»* priwr n'»ristiy (.f MKutKnge, .'{(I'.) 
 MOltTMAIN, Staii TKs or. 
 
 r.-istiiitioii ill l{,pi.trr Offi.-... r-n.l.rs ,1,..mI vulid muler 
 
 Wltlluul elirolllleut 257 ' 
 
 MINICD'ALITV, 
 
 liiiliilitv|f(. li-Vistrar fi-r 'Tf-rtain l,>^. 3ft3 
 
 l)i(K)f (if (l.iiiami of uijd nti*a,l t>y. :f»3 
 
 when reijuireJ to muk* syuTevs antl rpfjisttT plmis, ;{50 
 
 MUNICIPAL COIU'OIIATIONS. 
 
 J{e„'i^tr.v I,:i\v i- liindiij;- nj. -n i'Xi, 2i>rt 
 
 MUNICII'AI, J!(>\]. bY-LAW<. ,..,». /,y./„„,,( 
 MUTIAL INSCliANTK C'JMPA.VfES. 
 
 foriiiei-ly iv^-isn-Hiion was d«,: necessary to [iieserve tlieir 
 
 llell, 'JOii 415 
 
 NAMES, 
 
 alplialjetical index of. 7* 
 
 omission to euter in. f!A 7*« 
 alii)ifil.etictil index of. loG-y!*e.r4i R«'fristrv Book, CI 
 
 oDiissioH to eiit* r :i]. "'jC 
 in.I, X of, to l.e furnisiit^i Lv jLe Registrar on separation o 
 
 counties. O;*, Til 
 of yi;irties in al<st;att iudfx. 75 
 Ifi-uistrnr must enl'T, 7fi. 77 
 
 of imrties and wifnfs'-ffju iBiHittorial. 170 
 of witness in affidavit t.f urifriti.jD, t(4, fl.l 
 
 im.mI not iiecvssiirijj be «e{oat in full, in,-}, 104 
 NECiLKCT, 
 
 of .luties l,y Repistrar, 4/« et <eq. (s^e A', .//.v/r,,!-) 
 of County Council to provii- Reijistn- oriice etc <?■{ 
 of owner to rcfist.r plan. S-Hh " ' ' "' 
 
 of owner to sif,'n ].lan, :->43 
 
 of muniei),Mlity t...mtti^s,iiT^ja:id ropister plan ;351 
 of .surveyor to c.-ilify 10 plan,, 313 
 
 NEOr.ECT TO IlElilSTEll, 
 
 postpones or defeatP ].rifr jn-frnmpnt -'04 -'Vi 
 ''ThemliSr J^:S^'^ ^•^•-"- - »'-■'•-- as ,,etween 
 a niort.i<iitje to sec-ure unpai,! wsr.-br .jo mcr.v -'(io 
 eiieii deed in the cdiaiu ci thl^, y>A, 213, L'lJ J " 
 seeuiitiis hy credit<T, isCI 
 by otlieer of the Court, iliQl 
 liy s<ili(itor, 2ft2 
 hy trustees, -2^,2 
 
 NEW corxn. 
 
 est,-ihlis!ji)i,ni of r.etistrT OlSct in '>0 
 31 " '" 
 
 478 
 
474 
 
 (IKNKUAI, INliK.X. 
 
 NKW HKi'OdM/ANCKS, 
 
 niiiv !>»' rt'iiiiircil liy tin' Iiinpoctor, 3H 
 failuru of Kc^iittnir t> finniHli, ;i:{, .'It 
 
 NOMINATION, •-'(! |Mf Aitpointmnit) 
 
 NON UKlilS'l'llA'I'ION (kc«' Snilr.t to i:,;iiH,-y~R,'f;islrtili,m), 
 (if iiiHtniiiHiit iliMS 1 tit iilTi ct itM viiliility inter purtcH, 2tl.'l 
 Ih priiiia fnric piuiil df fniiul, 2(i:< 
 
 NOTAIUAI, COI'IKS. 
 
 tif illctruiiii lits cxiM'iltiMl ill tlif I'ldviiicc uf (^iiilicc, \'AQ 
 
 ii<hiiitti'(l us I'vidi'iicc. I 12 
 
 iKiticc (if unit );i>tiii il, 1 12 
 
 must I'l' nihil r M'lil 111 
 
 liiws (if tile I'ldviiicc of li>iu'li('(' n'fcrriiiK tn, l.'j", 111 
 
 (if will, IH 
 
 of prolmtt' of will, 18 
 
 NOTRK, 
 
 of ftction, 42 (sec .4i7(«;/| 
 
 iH fitlicr iicliial or (•(instiiiutivc, 22S 
 
 a(;tiiiil, 22H 
 
 ilftiiiitiiiii I'f. 2;i0 
 
 iiicuiis iictiinl iidticc (if title (if mlveisc claiiiiaiit, "i.'U 
 
 iCKistiatidii is, 2.'il, 2;i2, :)()!, ;i()". 
 
 liiiiici)il(' uiKiii wliicli iet,'istiatidii is ,'tOt 
 when re^'istiatidii is not, 2.'U 
 ilefective retiistiiitidii aiiidiiiits t(i, ;!lf 
 
 t'Xi'('iit ill the ('asc (if coiisdlidatidii of ftuciuities, ,'tl3 
 retrospective etTect of 7H nee, 315 
 iiiav he inferred, 231, 2')1 
 through recitals, 2011, 210. 2ol 
 jxisseHsion does not amount to, 231, 23i'>, 321 
 is hindiuf,' in e(iuity, 212 
 of |)iioi ('(iiiities. 237 
 of ('(luitahle incuinlmuiees, 238, 328, 32!) 
 of vendor's lien, 321) 
 
 of prior mdl•t^!ag(^ is not notice of further cliart,'eH, 238 
 i)f unreKisterod mortgage, lessee of mortgagor is bound 
 
 by, 237 
 of unregistered will, i)urchaser from lioir-at-law with, 237 
 purclniKer with, will hu jirotected if he claims through 
 one without, 211 
 
 may validly transfer to another jierson for value, 
 (iic., 2U)"323 
 purchaser of standing timber is affected witli, 17, 307 
 registration of assignment of moitgage is not, to mort- 
 gagor, 308 
 
 but is notice to liis transferee, 30(1 
 of " i)rior instrument "" under 80tli >>ei'., 321 322 
 registration before issue of patent is, 200 
 of unregistered assignment of unjjatented lands, 20G, 
 
 238, 322 
 under the English and Irish lU'gistry Acts, 227 
 American Kegistry Acts, 228 
 Registry Laws of Franco, 228 
 
<»KNKRAr, INr)KX. 
 
 NOTICE tcontiniini). 
 
 l)y wliDiii nivt I), '21-2 
 
 va^'iic niiiKPiiiH, '.'.j.t 
 when nivi'ii, •Jl;i 
 
 iMfuiT iii(,ii,.y is paid ..v.T -Ml 
 
 Im (..IT i,|.,H.,n Hit,..si,iM,,nMti,.n nr, 
 
 "'!";■' •'.'"•l"'"; HH t.. „„.rtKM>... ,n,.n..vs, 211 >V> 
 ..■..s .»,,,,, lu.for.an,„isi,i,.,. of. not ,,..',,:,:;, 
 (Iitrhcc for vnlii,., ,V,. •.);( •|.,| ' " •'■tin \ lo 
 
 tniiK''iitiH not to principal -^r, 
 
 to one of Hfv.'inl ;;nuitc(i, l'K; 
 to on.) of srvtinl tiiist,.i>s,'i>l(; 
 
 lint in til.. (I.H.. of ,1 nific trust.... 21(1 
 to Nohi.itor H n..tic.,. to,.li„„t 210 
 WKT I l|''it..r iH Kiiilly of fn,,„| ■_. „; 
 
 H^fnt of solicitor, 2I!» 
 
 dwlriii.. of iiijiiiK,,! notic, 2l(;.'>.l') 
 
 JiiMst I,.. ac,,„in.,l in s»,nu tran'siuHion, '2-l'J 
 
 nl.stam.n^' from .iKjinry i.niounts to, 2;i'» 
 
 Hhoiil.l 1... cL.aran.l .listin.t, 21") ;^"1 
 
 Hi' H.'-.r as to l„. .s,.^'K,.,stiv,. of fran.l, 2.-.() ;{•'] 
 
 MiKiic riini<inis 2l;i 
 
 is only pcrsoim], 21o 
 wli(.ii riattaclics as a tni!<t, 2-11, 24''! • 
 
 tenant in common with 210 
 
 consu'Mcl::;';';,^'' '""•' •■•■'^-"■"^-" wm prevail, 310 
 wh|.n iijipii. alil.., •_'2!l 
 prior to Ui .,'i^trv Act of IsOo -jo., 
 IS .js„fhci..nt t.. l-stpon..pV;:;;:ityofreKistration. 
 poMscssion is onlv, •_';{! ■>;!-, 
 
 nf u.l.i 1 '""'';';""■ '''"^'l''^'!' H>M Iris], l!,.;,-i.strv Acts -m 
 of witlidrawalhy suntv, 'iil „> -ills, ^ju 
 
 ^■^form of, loh 
 of iiit.'ntion to use ct.rtiiieil poni, 
 
 Mbi form of, lOH 
 
 ..vid 
 
 |.nc(., ',' 
 
 di 
 
 spntiDK validity of ori.'i 
 
 f, 
 
 irm of, loy 
 
 iial instrumenl, :>] 
 
 N'UMBEIi, (see Jiri/Lstm 
 
 tioii} 
 
 registration, of an instrument 
 must 1).. accorded to each 
 
 l.s ev 
 
 ill 
 
 cnv;e of entry, 1,">;{, 32-1 
 
 of instrument to I.e ..nter...! in Al 
 
 also in It.gistry J!ook, lo(» 
 must be entered coiisecutivelv, l.'y) 
 
 r(.f,'istrred instr 
 -tract Index, 
 
 umeiit, 155 
 
 470 
 
470 
 
 GENKRAL INDKX. 
 
 OATH OF OFFICE, 
 (.f R.r'istiar, U 
 
 fi.nu id. :m 
 
 of 1)( jmtv Rcj^'istnir, 1(1 
 
 fuini"<if, JUO 
 bcfi'i'o whom uiiule, 41. Ui 
 tiunsuiissiiiii of, to rruvineiiil St'crotary, ll 
 
 OFFICE. 
 
 hours of attendiince ut, 5'i » 
 
 OMISSION, (see Kefjintrar) 
 
 ill iilistiact of title, 77, HOI 
 
 ill AlpliMlitticiil IikU'xc'S, (if). 78 
 
 of iiiiiii-'iiiiil t'litvics ill Kt'f.'i>.trv T'ooks. .^(iO, 301 
 
 of liinils ill rcj^'istcicil instnimciil llnoiij^'h error, 308 
 
 OMITTIXC; TO i;i:(ilSTEK, 
 
 tlT.-i't of, 204, •2',',). (stT Srnlcrt to Ri-()i.itcr) 
 
 ORDER, 
 
 for nlinioiiy, 14. I'i'i, 131 
 
 piiyiiii.'iU of iiioiu'V out of rents. IS 
 
 issue of sul'iHeiia !■) l{ej.'istrar, ^i^^ (see .Si(/)/)(i'Nrt) 
 
 to eoiupel suliK-iiliiiii.' witness to uuikt idlidavit, 110 (see 
 
 Siih.<(rihiini Willii'iis) 
 
 ORDER IN COUN( H-, 
 ret,'ihtratioii of, 1 1. b"i7 
 
 wlieii ceititieil c'oi)y of. operates as a release 
 how rej^istereil, L")" 
 
 ir,s 
 
 ORK.IXAL INSTRUMENTS, 
 
 notlee c 
 
 f iiiti-lition to use (•( 
 
 itified eojiies in lieu of. 
 
 fiaiii of ins 
 
 lotii-e dis]'iitiii^' validity of, 57 
 form of. Ulit 
 
 exhii'iiiu^r, ■> 
 
 plan is an 37'.l. 3S(I 
 
 "I'P 
 
 it slioiiKI 
 
 ive (leSCll] 
 
 tioii of, 378 
 
 fees for exhilatint:, 37H 
 I'AROL CONTRACT, 
 
 losses ^1 
 
 -ion uinler. is not notice, 'j:!!. 'J.'iO 
 
 PATEN rs. 11, l-'pC. (>:■(■ Cron'ii Cynut^) 
 
 PENALTY, 
 
 for nfusiiit: to re^'isti r jilaiis. 3;;h, 'Ml. 3")1, 
 
 for lion 
 
 (leliver\ of l{e<.'istiv l.ouks on nnioval, 7'i 
 
 low lecoverei 
 
 -u 
 
 1. 33«. 341. 3;- 
 
 reties are liable on! 
 
 to Miiioiiiit of, in cov(-niiiit, 11. 50 
 
 Registrars 
 
 5 liiihilitv is not restricteil to amoinit of, 41 
 
 hl> 
 
 how recovi'ia 
 PERFECTlNt. Sl'cniji'lES, 
 
 1. 
 
 1' 
 
 )lic ollleel: 
 
GENKRAF. IN'OKX. 
 
 477 
 
 PEEJURY, 
 
 false swearinc deeine. 
 
 to be, 365 
 
 PLACE OF RESIDENCK, 
 of Regi-;triir, 49 
 
 of witii.'ss to Ik- statfil in uindavit of execution, 1)4 
 object of requiring, 0'> 
 
 PLAN. 
 
 IS an instrument. 371i, .'i80 
 
 registnition of, H.i? 
 
 und.T fornuT Refiistry Acts, 338-310 
 
 was not coiiipulsiiry before .Inn. 1st, IHIitl, 340 
 
 01, when lands subdivided liefore Mm. i 'iHfJS 34." 
 
 ■what the scale of, must show, .ia? 
 
 mus- be sij,'ned by party r(>j,'isteri 
 
 'orm of memorandum, 430 
 
 338 
 
 must be certilied bv i 
 
 fori 
 
 rovincial I^and S 
 
 ms of certificate, 400, 130 
 
 urvevor, 338 
 
 neglect of owner or .^ 
 
 duty of Rei.'istiar on r 
 
 sui vevor to sign or certify, 343 
 
 vceiviiig, 33H 
 
 instrument must conform to, 340 
 
 what is meant bv conf 
 
 ormitv to, 341 
 
 where whole lot, or undivided interci^t 
 
 veyed, o4'i 
 where plan refers to reservatioi 
 pennlty for refusing to register 
 
 how recovereil, 3;iS, :i44 
 Inspector may instruct County Crown Att 
 
 therein is con- 
 
 is in instrumiuit, 342 
 
 138 
 
 wht 
 
 ceed in case of refusal, .'iiKJ 
 
 iirney to pro- 
 
 en .Uiplicute copy of, to be lodged with T 
 
 municijialily, .■i44 
 penalty fur neglect 
 how recovered, 344 
 
 nasurcr of 
 
 n- refusal to lodge duplicate, 344 
 
 copy ot, certified by Registrar, admissibl 
 
 of 
 
 original, 344 
 
 not bind 
 
 ait 
 
 nig, until soim 
 
 >b 
 
 eration im or amendment of, 34( 
 
 e as evidence 
 
 made thereunder, 34*; 
 
 ts ..Id do not almt on street to be closed up 347 
 application to Court or Judge for, 34(1 ;J19 
 
 dedication of streets, A'c, i)y, 34I1 
 
 of towns and villages w) 
 
 380 
 
 miinic 
 
 ipaliti 
 
 3;J0 
 
 len made aiul registered bv 
 
 request to clerk of m 
 
 ter. 
 
 ;5.>i 
 
 unicipalily to make and r 
 
 •egis- 
 
 form of, 431 
 
 to be f 
 
 penalty for refusing, 3."(1, 3.")2 
 how recovered, 3,^1 
 
 how eertitied. 3r,l 
 
 forni of certificate, 430 
 
 ex)iense of, liow ))aid, ii.il 
 unierly not comjuilsory, ,3.51 
 
 f, 
 
 urni 
 
 bed bv C 
 
 ommissioner of Cr<iwn Lands, 363 
 
 provisions of former Regiatrv Acts, 3(13 3(;4 
 
 attested copy of, is evid 
 fees for tiling. 3^ 
 
 eiice of origigal, 3s.' 
 

 478 
 
 GKNERAL INPKX. 
 
 PLEADING, 
 
 simple (k-niiil vi notice is insutTu'ient in, ■2.52 
 «'ttin{? up rogitstrution aftiT action brought, 258 
 
 POLICY OF KEGISTKY LAWS, 204, 227, 302 
 
 POSSESSION, 
 
 is fonstiuetivc notice onlv, 231, 238, 23/) 
 cannot }>rt!vail against ifnistcifd title, 232, 235 
 under parol agreement, 234, 250 
 
 POWER OF ATTORNEY, 14 
 
 when first admitted to registration, 132 
 certified coj),v of, 132, 133 
 
 registrntion of, 135 
 
 use and ftTect of, 135 
 
 form of certificate upon, 121 
 
 what it is evidence of, 13() 
 
 of documents rcdating to, or connected with. 132, 134 
 certificate of discharge of mortgage executed under. 1«3 
 
 PREAMBLE, 10 
 
 PRIOR INSTRUMENT. 
 
 meaning of, 318 
 
 notice of, must be " actual," 321 
 
 actual notice of, will defeat priority of registration, 'ilfiet $eq. 
 error in WOth section as to tiuje of acquisitiou of notice, 
 
 3 lit 
 obvious intention of the Legislature, 31'.t 
 registration before ac((uiriijg, not essential to defence of 
 purchaser for value, 243, 321 
 
 PRIORITY, 
 
 of instrument at Common Law and under Registry Act, 316 
 of deed under jiower of sale in registered mortgage, 225 
 of date in registered instrument prevails over date of regis 
 
 tration, 444 
 registration of a fraudulent or void title obtains no. 252, 253 
 of sheriff's vendee. 2ltl, 2"J5, 2i»G 
 
 PRIORITY OF REGISTRATION, 
 
 conditional upon estate )mssing at time of execution, 255 
 will ]irevail in alisenci> of actual notice, 316 
 doctrine of, broken in by Courts of Equity, 317 
 
 endorsation of equitable doctrine of notice, 31.S 
 defeated by notice of prior ((juities, 32H 
 of defective conveYfliices, 256 
 
 PRIVATE PROPERTY, 
 
 By-laws opening roads upon, 14, I'J'J it skj. (see By-laui) 
 
 PROBATE, 
 
 of will, 14, 158 
 
 aflidavit on copy of. 424 
 exemplification of, 18, loS 
 
 aflidavit on copy of, 424 
 
GENKRAL INDEX. 
 
 479 
 
 PROCKEDINGS, 
 
 in nny Court, coitificalf- of, 14. 1-21 
 in bankruptcy and insolvency, l.j 
 in Clmnc<ry, certificates of, 14, 125 
 
 form of, 4'20 
 in lunacy, 1.5 
 
 PROOF FOK REGISTRATION. 'Jl (see Affidavit) 
 facts to tie provtil, 94 
 
 nquirid to sliew autbfiftieity of instrument, kc, 04 
 Rt'f,'i.strar cannot ncc-pt otbf-r. tban that jmscriUd, 07 
 
 cannot reject one of .-ev.-ral modes of. 100 
 may l)e made l.y atlidavit, atlirmntiou or ileclaration, 112 
 where suhscribinfj witness i.s (kad. &c., 117 
 before .Justices in Se.ssion prior to .Jany Ist, 18fi6, 118 
 
 form of certiticate by cbairman, 410 
 certificate of Cnuntv JndY'e a.s to 117 110 12(1 
 
 form (if, ;^08 
 
 of in,strum«nts e.xecuted before Jan y Ist, 18G6, 1C7, 169, 
 (see Meyuorial) 
 
 PROVINCIAL LAND srRVEYOR, ^see Snrrnjar) 
 PROVINCIAL SECRETARY, 
 
 Ret,'istrar to transmit duplicate covenant to, 'M) 
 
 oaths of otlice. of Refristrar and Deputy to be forwarded to, 
 
 44, 4G 
 to furuisli Registrar with list of Crown Grants, 11, .3r,3 
 notice to, of withdrawal by surety, .SO 
 form of, 405 
 
 PUBLIC OFFICER, 
 
 Registrar is a, 25 
 
 Act respecting;, liO 
 
 applies to sf eurities by Reg-'strar. .34 
 
 perfecting securities by. .35 
 
 act of, not regarded as affecting acts of individuals, 40, 41, 361 
 PURCHASE FOR VALUE, 
 
 evidence of, 225 
 
 onus of proving, rests on person seeking priority, 226 
 PURCHASER FOR VALUE. 
 
 defined, 214 
 
 who is a, 214 
 
 who is not. 21(j 
 
 must hold the legal estate. 218 
 
 must act in good faith, 210 
 
 Registry ,\ct protects houfst. 210. 227 
 
 rej)udiates sp ■culativc. 210 
 
 who lue ( ntitied to claim rights attaching to a, 224 
 
 must have iK-(iuircd without actual notict-. 22(1 
 
 unregistfitd instrument, void against, without actual notice, 
 J04, 21^J 
 
 QUO WARI{ANTO, 
 
 iuformatiuu for, at Common Law to trv the right of office of 
 Registrar, 26 
 

 480 oeni;ral index. 
 
 RACK RENT, 
 
 ilcfined. 82 
 
 IcascK lit, wore cxciiipti'd from rogistrfttiou by Reg. Acts of 
 IT.irj ami 1N4(;, M2 
 
 RAILWAY COMI'AXIHS, 
 
 till' Registi} Act is biuding upon, 258 
 
 REAL ESTATE, 
 
 included in word " Landn," ](> 
 
 RECITALS. 
 
 rcfeninij; to an nnii'gistircd instrument, 200, 210, 2;>1 
 liow far notice, 20SI, 210, ^r^l 
 
 RE-CONVEYANCE, (seo Dinharye of Mortguije, Certific'itc of) 
 
 certificate of liiscliarge of mortgage operates as a, when re- 
 gistered, 12, 177, 1H2 
 where mortgage or assignment is not registered, 178, 180 
 
 RE-COPYING OLD KEiilSFKY BOOKS, 
 
 order of Inspector for, 7-1 
 
 form of, 414 
 declaration of Hegistriw upon, lii 
 
 fiuni of, 11.") 
 
 REGISTEUKD TITLE, 
 deliued, 207 
 
 former doctrine may yet affect titles, 208 
 jiossession cannot j)revail against a, 2li2 
 when defendant is esto]iped from denying plaintilf's, 208 
 registration of a void will does not create a, 144 
 Registry Books are evidi'nco of a, liJ4 
 
 REGISTRAR, 
 
 includes " Deputy-Registrar,' 2i3 
 
 is a ])Ul)lic iitlicer, 2o, iifJl 
 
 is entitled to the protection of the Rev, Stat. (Out.) c. 73, 25 
 
 presumption in favor of, 52, 17H 
 
 appointment of, 2(i 
 
 by commission, 21) 
 
 commission not .affected by removal of ollici', 21 
 tenure of otKce, 20, 27, 28 
 amount of security to be fixed by order in Council, 29 
 
 to execute joint and several covenant with approved 
 sureties, :;() 
 form of. )VM') 
 to transmit ilujilicate covenant to Provincial fjecretary, 
 
 ;i() 
 to tile the othei' <luplicate witli tlie Clerk of the Peace, 
 30 
 
 wliich niav lie cxaminedand ct)i)ies thereof obtained, 
 
 ;i4 
 
 may ;;ive security of ;;uaranti'i^ companies, ?iQ 
 
 form of guarantee liond, 40;i 
 quere, whether the BluuI should be furnished in addition 
 to covenant, '.Vi 
 
GKNKRAL INUKX. 
 
 481 
 
 EEGISTHAK {roj,li„ued), 
 
 new recoKiiizHiU'(\s niuy Ix- icquirod by the Inapector, 33 
 
 should he fiiniisliei' 'thoiit liciiiK «<> rcquiitHl, 33 
 ct'i-tfiin sections of tlio ;c'siK'ctinK Pubhc Officera ap- 
 
 phcahle to, ;J4.;{7 
 may ho rcciuin-tl to ^ivu fiirtliiT security, for payment of 
 suriilus lei's, 38 
 sureties niay wjthaniw upou notices, ;i9 
 form of notices, lOu 
 
 wlien the " one month" commences to run, 39 
 liegistnir is liuJde to his, if lie ne^Mect.s to furnish fresh 
 security, 3!) 
 
 are Hnhle only to the extent of the penalty in covenant, 
 itc, 11 
 
 are jointly and severally linhle upon covenant, 10 
 
 action a^'aiuht, 11 
 liahility of, at I'ommon Law, 40 
 
 depends uj)on the nature of the duty devolvintr upon 
 liini, 10 J r, 1 " 
 
 for acts or default of his deputy, 10 
 
 is not restricted to the jxhaltv in the covenant, 41 
 
 for neKlijience, 26, 12 ft nrq. 
 
 for oniissit)ns or errors in abstract of Title, 43 
 
 in luilex, 44 
 for nej,'lect to rejiister instruments, 43 
 for misconduct, oO 
 for fraudulent practices, 41 
 f<n- niisdemeanour, 4.3 
 
 f<u- refusal to transfer Books, iVc, on separation of 
 county, 71 
 
 foinis of demand upon, to transfer Books, d'c, 413, 
 
 for refusal to delivei' u). Hooks, Ac, upon removal or re 
 
 si^nation, 72 
 for wilfully entcrinj,' instruments in wron^ (uder, 152 
 to surety, for neglect to furnish fresh sicmity, 3!) 
 does not extend heyond i^arty injured or his legal repre- 
 sentatives, 44 
 on certificates, 20, 43, 44, ol 
 action (ii/ainut, 
 
 entitled to notice of, 2(), 42 
 
 when disentitled to, 42,3^2 
 
 hu- not paying over surplus fees to munieipalitv, 388 
 
 purchaser with notice of error, cannot claim "damaoea 
 
 sulisequeut to notice, yl 
 uiaiidamus to comi)el delivery of instruments. 51, 60, 
 
 when barred, 443 
 action hy, 
 
 for regif^tration fees, (JO 
 lor fees, to try right to olllce, 2f;, 73 
 lor lecovery of fees against municipality, 74, 3.S2, 383 
 o84 '' ' 
 
 duties of, 
 
 to make oath of ollice, 44 
 
 to reside at place named in his commission, 49 
 
M 
 
 482 (iKNKUAL INDEX. 
 
 REGISTRAR (routiniud). 
 
 to give jiiupcr Kcciirity, "i'.t (see nujir-j) 
 
 to iitleiid at tho Kcnistry Oliicc, r>'2, 53, 892 
 
 to luiiki! Koarcht's and almtnicts, 53, 371 (see abstract of 
 
 Titl,\ 
 to fiuiiish ('xcmjiliticalioiiH and ci'ititied fopion, 53, 56 
 
 (see Ccrtiliid Cupij) 
 to exhibit original instrmucnts, and Registry books, 53, 
 
 55 
 to certify to abstracts, 53, 55, 374 
 to certify to cojiies, 53, 5() 
 to follow statutory requirements in giving certiticates, 
 
 152 
 to give unqualified certiticates, 151 
 to make abstract Index, 75 
 alphabetical Index, 7H 
 to coin|)are duplicate instruments, 150 
 to reject same if not duplicates, 150 
 
 or if instruments are ilefective in proof, 151, 315 
 to enter instruments in proper consecutive order, 152 
 upon receiving original instruments, &v.., from another 
 
 County, 73 
 when a (lurtion of his division is attached to another, 09 
 to transfer liooks, iVc, on sei)aratiun of County, 71 
 to deliver up liooks, ,V:c. , upon removal or resignation, 
 
 72 
 to deliver \\\> duplicates or memorials of instruments re- 
 gistered by him, (iO, 3H4, 385 
 to produce registered instruments upon subpa'na issued 
 
 bj' a judge's order, 50 
 to attach ollicial seal to certified cojiies, iScc., 50 
 to re-copy old books, nuvps, &c., unfit for use, 74 
 to make declaration on re-copying Books, 75 
 to have; table cif fees pasted up in liis ollice, 382 
 to furnish applicant with statement of fees, 382 
 a< to memorials, 172 
 to accept instrument properly proved, though otherwise 
 
 defective, 151 
 to supply defects or errors caused by predecessors in 
 oilice, 3(:o. 302 
 appointment of Deputies by, 44 
 removi'l of Deputies by, 44 
 must not act as conveyancer, 40 
 
 or advise on tides, Sec, 40 
 is jointly indictable with Deputy for misdemeanour, 45 
 cannot rej{ ct one of several modes of proof, 109 
 not compelleil to perform services unless fees prepaid, 53, 54, 
 
 00, 371 
 has no lien on registered instruments for nonpayment of 
 
 fees, 00, 384 
 holidays allowed to, 52 
 removal of, 20, 50 
 
 under Kegistry Acts of 1810, 27 
 
 REGISTRATION, 
 
 was optional prior to, 13-14 Vie. c. 03, 207 
 designed to give notice, 205, 302 
 
GENERAL INDEX. 
 
 BEGISTKATION (contiuuccl). 
 
 488 
 
 effect f)f, 204 
 
 is actunl iioticp, 2.51, 302 305 
 
 rf'fiuisitfs to (ii)t'ratiiiK as hiu-Ii, 309, 310 
 
 when, not nctuiil iioiiee, 231, 304 
 
 nK^i'i-^t wliom i-cKistnitioii i.s not notice 309 
 
 before n.c.-iving notice, is not essential to tlefence of pur. 
 eluiser for valtie, 243, 321 "-'n-e oi pur. 
 
 J inortKaKe is n,.tic.. thVrt'of to lessee of mortKagor 309 
 
 TuTi •';; ti^'' ri'^T '^"'" '"''•'•^ *« ".'rtia^or 3O8 
 l>nt IS notice t:, las transfi-iec 309 
 
 arno^n;s' rtS! 2^' " "" '"'"'^ '^^ ''"'"• ^'' ^^^^ ^^^ 
 at full. Unmh, 143 ' 
 
 l)eneticiiiJ result of 167 
 
 of every instrnnient'in the chain of title, 88, 213 264 310 
 o nstr.unents not authori/.e,! to be reg.ste ed, 88 IG7 31-^ 
 of defcctnv conveyances, 256, 314 322 
 of voluntary (lc..d, 22(1, 221 ' 
 
 vaJi.latVd throuyh'a'fter acquired consideration. 221, 222, 
 
 of mortgage protects equitable title of mortgagor •>o8 
 with power of sale 225 b"feoi,_ors 
 
 °^^f S4"" ''"' ""' ''''■'' '""'^^^ t*^ ^'"^1' ^'•'^"tor has no 
 
 of fraudulent conveyance, 252 ''53 
 
 of void title, 252, 253 ' "' " 
 
 does not exteiul covt'iiants beyond their original import 86 o^o 
 
 :^£f;^trm:^^:-=;nr:?^l^^ 
 
 proof for, 94 (see 7V„,/yo.«.,/;./.«^/„„,'" 
 
 defective, 314 (see Defectiv,^ Rf'li><tratio„] 
 
 priority of, 255 (see Pnority of Rn,htrJion) 
 
 neglect in, 204 (see N,;,t,ct to Reghter] 
 
 minute of, form of, 399 
 
 mim ber 011 instrument evidence of order of regidrv 304 
 
 unsigned deeds not capable of 97 "^b'-irj. iS-4 
 
 before issue of patent. 205 '-TlC 
 
 "11m"259' P'"*'^""'^^ iustruuient to registered instrument. 
 
 does not affect riglits intrr part>:-< 89 263 
 IS iirinia facie proof of f,„ud 263 
 of unstam|K.d instrument executed in England 44-' 
 binds muirciiial corijorations, 258 " 
 
 railway companies, 258 
 of particular instrunu.nts. (see Appropriate Titles) 
 
 act and warrant, 211 >f ^uies) 
 
 crown grant, 11, 156 
 deed of appointment. 212 
 
 under Statute of Mortmain, 257 
 of surrender, 258 
 for taxes, 281 
 
m 
 
 484 
 
 OKNKRAL INDKX. 
 
 REGISTRATION {mntitiued), 
 
 further cliiirs'c, 211, 2;{8 
 
 foreign dt'cil in iiiHolvoiicy, '2V2 
 
 iiistniiricnts miilt-r vurious stiitiuoH, 1H3 
 
 (iiiliT ill (.'ouiicil, 11, lo7 
 
 liliui, ;i:i7 
 
 rcldiisc (if eovfuuiMt, '211 
 
 SlicrilT's doods, '281 
 
 wills, •Jij.') 
 
 REGISTRY BOOKS, 
 
 City >>r County TrciiHurcr must provide, Gl 
 
 fi)riu of iippliciitioii for, Wi 
 
 iic(.'l(i('t or refusal of, to provide, 67 
 
 uiipliciitiou and refusal must precede right of action 
 ai^'ainst 67 
 
 Registrar alone entitled to bring action, 08 
 separate, for each locality, (51 
 » general, for instruments not containing local description, 01, 
 63, 05 
 
 ali)halieti(!al index to, 00 
 new, to he aii)ilied for, when required, 01 
 
 form of Mpi)Iii'atioii, 113 
 Insi)ector may allow several, to he in use at once, 62 
 
 form of ])ermit, 113 
 Registrar is I'ntitled to the possession of, 06 
 replevin may he hrought to recover possession of, 00, 73 
 for uniu(;ori)oriite(l villages, 03 
 to lie certified to hy County Court Judge, &ii., 08 
 transfer of, uimn se]iaratioii of Counties, 0'.) 
 .statement from ^'eueral, to Lie also furuislu^d, 0'.). 70 
 forms of demand upon Registrar for, 114 
 Registrar liahle to a jienalty for non delivery of, 71 
 ileliverj- of, upon removal or resignation of Registrar, 72 
 Sheriff authorized to seize, if not delivered, 7'2 
 to he re-copied when iintit for use, 71 
 must lui exiiihited upon rcMjuest, 53, ol, 371 
 evidence? of entries, 153 
 
 of registered title, 154 
 pages of, to ho numhered. 155 
 
 when iiitrt of a township is created into a new township, 362 
 loss of, 353 
 
 REGISTRY LAWS, 
 
 policy of, '201. -i^?, 302 
 introductory account of, 1 
 
 REGISTRY OFFICES, 
 establishment of, 20 
 removal of, '21 
 
 does not all'ect Registrar's commission, '21 
 County Council must erect and maintain, '22 
 expenses of, 23 
 
 ueglect of County Council to provide, 23 
 rent of, County Council is not liable for, 23 
 
OENERAL INDEX. 
 
 BELEASE, 
 
 dcliiicl, 13 
 
 of fovcDiiiit, iCf,'it.tratioii of, 211 
 
 of inortKaKe, 177 (see Dhcharge of Mortgage, Ccrtijkate of) 
 
 RELIUIOUS INSTITUTIONS, 
 
 conveyances to, VM\ • 
 
 REMOVAL, 
 
 of I)('j)iity-l{ct,'istrar, 41 
 
 of fi:iiuli)l(iit ciinveyauccs, li2;{ 
 
 of Hcgisti ar, '11 
 
 of KeKistrv Ollices, 21 
 
 of voluntary conveyances, 228 
 
 RENT, 
 
 of Ki-Kistiy oilic.'K, County Councils not liable f(,r •-'3 
 order for payment of nu.ney out of, IH 
 
 RE-KEGISTI5ATI0X, 
 
 UJiun loss of He^'istry Looks, .'j".;} 
 proof of loss lirtore juil^'e, ;jr>;j 
 cirtilieatt' of JudKe, iJoiJ 
 shoulil he I ndorsed or attadied, .'!;".'; 
 
 form of, A'M 
 priority of instruments, 853, 35o 
 
 ROAD, 
 
 By-laws op.ning, on jjrivate jjroperty, 1 J, 1!)0 et seq. 
 SATISFACTION, 
 
 of mortgage, 177 (see Dischan,, of Mortgage, CcrtUicatc of 
 SCALE, 
 
 of i)]an, 337 {^ac Plan) 
 
 SEAL, 
 
 of Corporation, 121 {-co Curponitioti 
 
 of Court of K'ecord, 121 
 
 notaiial, 137 
 
 of Kcgistrar, 'j(\, 302 
 
 SEAliCHES, 
 
 applicant may make, in li.gistrv Books, 371 
 
 li(ristiiir to make, win 21 rciiuested 53 51 
 
 confuu-d to particiiiai- l.^t, 371 
 
 Registrar alone can make, for rc.gisf.red instrun.ent. 55 
 
 dex. 37T''^^ ^''"^""'"^ ^" "^"^'^^' '" Aipiiui,et"ieal In- 
 fees for, 371-373 (see J;)jj<'7jrf(x C.) 
 SECUIIITY, (see ReijiHlrar) 
 
 SEPARATION OF COUNTIES, 
 
 tiausf.r of l^.gistry Books, &e., upon, (I'.), 71 
 
 485 
 
486 
 
 GKNEEAL IVl»rX.. 
 
 SHEHIFF, 
 
 oriKJn <if power td r^ll IhikIk. 'J'<\^ 
 must i-iiqiiir<- uft»r dclitui » lund*-. 'Zi*'J 
 what tbc writ liinds. 29' • 
 
 aftt-r aciiiiircti landc of dt-laoj liHC 
 sale |)\, ih within tlie Statut^'h of Jriiuut iiW 
 
 is within tht- jpruvisionH cf tli* l;»-in»r.'7 inc. I'M 
 detds by, l.j, JhI, 2«'J 
 
 bv wlidui «xetiit«-(l, 176. 'JS^H 
 
 reciiiisitts to validity of, u't<4 
 
 priority of. ovtr deed frciu dtdriiB iiha 
 
 a> auaiust assi).'iic« of d»-i(iiir f u •'•h^»» 'iHii. i'M 
 
 dots not alTect dower "f debtor i- wn* 2iVT 
 
 nrn-t be rejriptered witiiiu hii uiiiuiiif in>«r -tiiie. 281 
 
 uo ^pecitied time for repiotratatO) id iHfiicrf rin. 1 Hrt»5, 
 2!»7 
 
 rejri.-tratiou of, where sale macM^ i<triiL-» SLircii 4. 1S»W, 
 ■MS 
 
 tilett of nou-re(ristratiou of, U*»l 
 
 ejectment canDfit be bniucht btdiire +'9rWiirii)a of, 296 
 
 for (*ale of taxes, IGi*. 2^*1 iwe 7 az-nf 
 compellable in tiiuity to execute dtJtid. "H.7 
 vendee of, is a purchaser, 22 r> 
 dischar^'e of mortgage by, lUb 
 
 form of, 89I» 
 
 authority to seize mortjrapei-. 2^4 
 
 mortgagee's interest is bciuiul frim. zaii' it teii'.ure 197 
 
 authority to execute, 19a. 19.' 
 
 effe'.-t of, as a re-conveyance 1W4 
 
 operates only as a re ctinveyantje vina. ul tuh money i.s 
 paid, 197 
 
 Sheriff cannot espcute deed ui TtHiiar^n'uii:n, 19T 
 
 how esecnted, 19.3. 197 
 
 proof of execution of, 19H 
 
 retrospective effect of the 7lKt ««etiiii. 29*- 
 authority to sell inortgagor s inter<?Ki ix, juiit». L.-*** l'.).j 
 
 part of iuort;.'at:or's iiiterest caiuiin m +iiuL I;)7 
 
 certificate of di-charge to purciiawjT. j.*t* UHj 
 form of, 42H 
 
 when crtiticate will not operate >«■ i> ?-+->«iim»Hy:m('.e, 19.5 
 
 if mortgagee purchH-.eE he mu«t r«i+;ai»* aiortir;itfe debt, 
 196 
 authorized to seize Begistry Bouke if Ttittuutfi b;^ Eegiatrar, 
 
 SOIL, 
 
 sale of annual products of the. is luR wjiim "iia Rt^gistry 
 Act, 17 
 
 STANDING TIMBER, 16. 17 set Timbrr^ 
 
 STATEMENT, 
 
 of fees to be furnished by Re-gistrai tt uiipu-.-uic, Mi'l 
 neglect by Registrar to give, 42. jjwv 
 
 form of request to Kegistrar foi sxtrt^au^an. tit 
 from General Kegistrv Books on bejjuriciui ic 'I.iim.ti»j9, 69, 
 70 
 
GEXEBAL IXI>EX. 
 
 STATUTES, 
 
 of Kiuoliii.nt, 1 
 
 of Mortiijfiiii 2o7 
 
 list u! iiistnnu.-iit* req-j.hn? resri^tratioi. under curtain 144 
 
 list .,f I'rovinc.ul. rei«li,^. t., r^,tration, J J2 
 
 STREET. 
 
 dft.lication ol, l,_v f.lau, 3.». 3,^*) 
 
 iiltcnitioi) (if nam—: ..f. j,r Br-Uw -'O'J 
 
 By-law .,,„.nin>;. on j.,.;^ prop^rt'v.'u, 190 et soq. 
 
 SUJilHKNA, 
 
 to KiKistriir. 5G. oH. 5<« 
 
 fiirni^ of. 41", 412 
 afliduvit to olitaiij unitr foi. .>^ 
 
 forms of, 4113, 411 
 order for. 58 
 
 forms of, 410. 412 
 should conform to tLe tena* of th.- ord^r oH 
 
 ' 1) -nutv^i- h'T''^' '"''^\^^ ^"' «-"'^tt.ndance upon, 59 
 Ih j.ut> ■].. n.strar or d^rk «niiot product- {mpers upon with 
 out permisM,.n of lietriHru 59 P^isupon, ■ftith- 
 
 fees payul.k- tu ll.-tn.trw f^r anenJanee upon. .^9 
 
 SUBScr.IBINti WMNEi^.S 
 
 aksencp death, lunacy *c. of, 117 et ser, 
 
 "'SJr'n:"^ ^""""'^ '^'''" ^'"^'' "' *^ i"'°"f »f '^^^«"^- 
 
 form of, .SH8 
 compollalde to mnkf affilsrit, 110 
 
 aflidavit for order to «,iBij:»^l, 112 
 
 form of. 417 
 order of Judf.-^. 110 
 
 f 01m of . 4 ] IS 
 
 fees must he ttnJ.r*4 to, for ccnduot money, &c 1 
 att,,.hm.nt aga^.t, ,iii ^^, f.,, di.suhedierJc;^ to' order. 
 
 SUBSTITUTION. 
 
 of power of Attorney. 132. 125. m (.see Poa-er of Attorney) 
 SUUHENDER, 
 
 registration of deed operat.:.^ In ia^ as a, 2oH 
 SURVEYOR. 
 
 to certify to jdan before Tt-si^irr, 338 3.39 
 
 lorm of certilicat*. 4(0} 
 to certify to ]dan tiied by monidpaiiCv. ^o'l Sod 
 
 form of certiticat^ i:i»i '^^ • "'■■ •'<-'"' 
 
 neglect of, to certify t-. pLuis, 343 
 
 TABLE, 
 
 of fees to be posted up in h^n^ttj office, 382 
 
 487 
 
488 
 
 OK.NKKAI. INDKX. 
 
 TACKlNCi 
 
 iil.<>li.-li<a, ;c-'i, :<:tl, :i;»'j 
 
 ill I'illKillllil, vt.'l.'i 
 
 uriKiii (if, :i;ii 
 
 what ilorts nut iiiiioiint to, .'i.'Ci 
 
 (IdcH not apply to ci iisolidatioii of :^,cin-itii'n, .'lUIl 
 
 iiiictiiiii's pi'iiiiiltcil uiiilfi- till' lii<li Ui'i^isuy Act, 'SMi 
 
 TAUll- 
 TAXEJ 
 
 F OF FI'.FS, l.'tH ( 
 
 Hr(> AllJICIItli.r C.j 
 
 I'crtiliciitf of pavnu'iit of, 1 I 
 
 fjiaiiti'il liy I'rca-iiinT.H of I'owiisliip 
 
 iiiiucoriHiiiittHl 
 
 villii^fi's is not witiiiii till; Ui';,'istry A(!t, 11 
 form of, Id.'J 
 cnactiin'iits relating' to sale of lamls for arrt-aiH of, '2.S1-2H,') 
 tiixt's iniist 1)1' ill iiiii'iir-, '2^H 
 ilcf<l upon sal"' for, "JSl 
 
 I'oIlM of Sllrnlfs (l.'l'il, I'i'.t 
 
 foiiii of rrrasiii'i'r',-% dccni, 121) 
 exi'ciitiiiii of, OH7 
 ri'^'istration of, '2x1 
 
 ri'^'i miration of, wlu'i'o hinds hoKI hiforo Maivh 1, 18G8, 
 •2:iH 
 
 TKllM OF VI'lAltS, (s.',' L,</.s'<') 
 TESTAMI'^NT. 
 
 .Irlilic.l. I 1 (s.'r IVill) 
 
 TIMr.FK, 
 
 l^rowin;,', sail' 
 
 if, is an iiitri'cst in liiinls, 10 
 
 convcyiincn of, is witliiii tlii' lii'^'isiry Ac't, Iti, 17 
 
 tiist Convi'Vallci' of, only Il'iil h" l'r;,'istrr»-'il. 17 
 
 piiiriiascr oi, is alTi'C'tiil with iiotiui' of piior rL';,'istnitionn, 
 17, ;io7 
 
 {•rant of, oprrati's as a scvcraiu c from realty. 17 
 nuTgfr i( tli<' I'liati'l intort'st in the frcchokl, 17 
 
 TITI.E 
 
 lllistiact of, ')'■> el s.'i|, 
 
 adoption of siiort, It) 
 
 ri';»islc'n'.l. 2(17 
 
 Itc^'istrar or I'cpiity ciuiH"'. iidvi.sc upon, Hi, 17 
 
 TITLK DKFDS, 
 
 writiiif,' a('(.cimiianyin;,' d(>posit of, hy way of mort{,'nj,'(.', 12, 327 
 
 TUKASCKKU OF Ml ■NK'U'AI.ITy, 
 to provido l^ooks of Ot)ici', (11 
 
 fi rm of ri'ipicst to, i:{2 
 ne^'li't't OI' rtfusal i>y, to provide, 07 
 
 TllUSTEES, 
 
 for cri'ditors arc ])Hr<'li,isi rs, 211 
 iiotii't' to oiii' of xvcr.'il, is notice tc all, 210 
 exc('|)t in the case of a meri! trnsti'c, 210 
 neglect of, to re^rister instninients reqniriiij^' re|,'istry, 202 
 
'"'".NKIIAI. INKKX. 
 
 INiNC^OKlOIIATKI) Vir.I, 
 
 MIKS. 
 
 I""»t" li.ri.tr.v f..r. I.. ( t,. 1„. „H..,1 
 
 rxHf';(irsTKUKi) convkv 
 
 <'|"'i'iitii>ii of, 'ji'i:', 
 
 'MlllKll flllVllil ll^'llilist 
 
 ANCK, (see Sqihrt i„ A' 
 
 I'tliKtrr] 
 
 ^vitlidiit iiiit 
 
 II''', •JtU (t M 
 
 " ■-iil.s(f|i„.„t n.^ist, .,■,.,! ,,,„,, I 
 
 notice ,,f, defeats i,ii,, I 
 
 VAC'AXCIKS. 
 
 ilv nf rei.'i>tniti 
 
 "1. •-'<•(;, 22(i. 285 et 
 
 Heii 
 
 III <>|)i 
 
 if I 
 
 VAIJ AKLK CONsihl 
 
 '''''-''^"■"'' '"■ l»i'|Mity, !•,.(.,., t 
 
 VACLTS. 
 
 I; vriox. 
 
 '*'"'• K'-'lii'trij Oj/i,-,'^) 
 
 («■<• c, 
 
 ii|"iii, :i!»,f 
 'ii-iiiti<iii,iiij 
 
 (sec r.i 
 
 VKN'DOH'S I.IKN 
 VO[,l\rAUY CONVKVAXCK 
 
 Cll) 
 
 iil'e Vdid ,|> 
 
 '•piiii>( sill 
 
 p-'li with iidtiee tli,.|,.,,f, -Joii 
 
 '^'•'IHrlit |nirrl|;,serM «i( 
 
 I VII I 
 
 '"It "Illy t.) extent 
 
 II', L'L'l 
 
 will lie mud 
 
 ciiliveviiliee: 
 
 lli'ees.sill'\- t(i i:i 
 
 >.] 
 
 Vfcl'fect to Sill 
 
 llisei|i|elit 
 
 I' valid 111 
 
 ■"iikIi, iiftir 
 
 iii'ijiiired coiisidenit 
 
 us lietweeii Volimd 
 
 !;< validity dates fr 
 
 si'ijiii'iit i'i)iisid<riiti(in, "Jiiii 
 
 liiit ill fa 
 
 i"ii,2L'l, 
 
 •>lll lirisil|;,r (if sill. 
 
 viir (if pur 
 
 "'' initio, '2'2'> '>: 
 
 I'liitsers, I'eKistrat 
 
 mil ('(^llfeo 
 
 |iri(iii(v 
 
 jiiiiii- I'r^'istratidii of 
 
 I'liiircs to t.'1'aiit 
 
 ('<; s assii'i 
 
 ri iiK.val of, f|-,„n I 
 
 K'i's for vjiliK 
 
 if Miifateiited 
 
 ii'Kistry IJooks, l'L'.'I 
 
 iiiids, m 
 
 VOUXTARY RKtJISTIJATrOM 
 
 if iiist 
 
 WII,L 
 
 iiinieiits not aiit) 
 
 mii/.ed to li, 
 
 l-l'Kistered, SS, J(;7, ;{l-J 
 
 i'ltiTpictation ,,f wonl, II. |.> 
 
 I'l'^'istnit 
 
 loll of, 'M'l. 
 
 iDiis as to, 21;.') 
 
 •'Nfijitioiial pn.vis 
 
 I'l'i'ii wJiat piiiieiide l„isedT';i<;(. 
 
 li'i-iiier statutes ndatin- to, 207 
 
 10 11 1,1 l,e elfeeted witl 
 
 •21 
 <listiiietioii 1 
 
 Acts, at;? 
 
 'Ill one year from tesiatoisd, 
 
 "iwi'i'ii tlieOut.and the EiiKlisli 
 
 i/tdFeeted witliii, tl; 
 ncKleet to re.i,'ist( 
 
 (' vear 
 
 '■ within t)ie 
 
 I I?.'«istrv 
 
 I'lTates reti'ospeetivrlv, m. 
 
 j;ii's<;i|iieiit t,. expiry of ti 
 l••lll^'^sh praetiee wl 
 
 .vear, 2(i.S 
 
 10 year, 201) 
 
 lUiah: 
 
 wliere the devi 
 
 y hctween wiljs and 
 
 ii'i'i' not effected witliii, tl 
 
 see i.s also lioir-at-'i 
 
 conveyances, •jO'.t 
 
 II' .veai', "270 
 
 •'.X tension of time for, ii7l 
 
 n\v, 270 
 
 wlio are nieaiit h 
 in'i'veiitrdhycntestat 
 
 ■21 
 
 lOllOldtl 
 
 khat amounts t 
 
 32 
 
 tlnr.itioii thereof, •J74 
 
 ^nhscijuent purchasers," &e 971 
 lei incvitahledinicultv, 
 
 I'lin "iiievitaliledinifuilt\ 
 
 •IH!) 
 
490 
 
 (iKNI'.r.AI, INDKX. 
 
 WriiL {fiiHtinilnJ), 
 
 JKiii (liscovciy of will, "271 
 
 sii|ii)r(.'ssi(jii or cont'i^aliiK'nt of will, 21^> 
 
 iiuiiioiiiil of fiiL't of contestation, i.N;c,, 'JTO 
 
 v.ilfnl Jc'fiinlt in otTectin^,', "i 
 
 ( / 
 
 vlnit 
 
 IK (Iccnu'd 11 Hutncicnt, 'J7H 
 
 ■ration of 7i<tli sccti 
 
 ion lis to, 'i7'S 
 
 if II void will, will not iMcafc ii i('''i>tonil ti 
 
 411 
 
 iliM'i-ioiis n'siiccliii). 
 
 '.) 
 
 tlilo!i;.'li liicmorial. Kii) (sec Mrworiiil) 
 
 of noiiiinci' or !is,si^;nt'i' of Miiputcntril laiuls, liOlj 
 iniiiincr of rcj/i.stciiii^,', IfjiS, liV.t 
 cxcfution of, wliat amounts to a diii'. It)'; 
 
 statutes relating to. lOH. KUJ 
 
 wlierc testator is lilind or is a inailisniaii. K',1 
 
 alTidiivit slioiild descrilic mode of, Kil 
 should lie full, IC.l 
 f.uiiis of. A-2-2. l-iH. (-Jl 
 
 jil'otiate is evidence of, l(j(l 
 
 lint not of its sutlicieiic.v to jiass real estate, Kit! 
 
 wlien eaidi codicil should he proved h\ sejiarate affidiivi 
 ■143 
 general devise, Ci], i\i, •2711 
 need not jinrticulnrize lands devisi'd, (U, '2''.) 
 of leuseholdv. 270. 27'.', 2.S0 
 jirohate of. 1.^. I.'JM 
 
 form of atlidavit verifyin;' copy of, 12 t 
 
 exeiniilitication of, IH, IHS 
 
 f.i 
 
 if ailidavit vi'iifvii 
 
 11' eoliv o 
 
 f, 121 
 
 IS cviiii'lU'e o 
 lotarial coiiv of, 18 
 
 f tt>stator"s death and execution of will, Kid 
 
 WlUTIN(i 
 
 acconi|ivnij,' uepe 
 
 12, ;i27 
 contracts in, alTectiiif,' lands, ir> 
 includes " litho<.'raphy," 15 
 
 if title deeds hv wav of niort'raj.;e, te. 
 
 WRITS. 
 
 o)H'nin|Lr out of tlie Common T^aw citurts, 2s",), 2(1(1 
 
 Court of Clm icery, 298 
 of seiinestration, lands cannot he sold iiuder, 2'.)8 
 
niaavit, 
 
 ii, iiw; 
 
 JO. \e.,