IMAGE EVALUATION TEST TARGET (MT-3) /. 4. :/j 1.0 1.1 2.5 2.2 iim 1.25 1.4 1.6 ^ 6" - ► /} ^ /} Photogrdpnic Sciences Corporation 73 WIST MAIN STRUT WIB&TIR.N.Y. I4SI0 (716) 173-4503 CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Instltut Canadian de microreproductions historiques f^ Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. 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Laa imagaa suivantaa ont 4t* raproduitaa avac la piua grand soin. compta tanu da ia condition at da la nattati da l'axamplaira filmA. at an conformiti avac laa condltiona du contrat da fllmaga. Original copiaa in printad papar covara ara filmad beginning with tha front covar and anding on tha laat paga with a printad or iliuatratad impraa- sion, or tha bacic covar whan appropriate. All othar original copiaa ara filmad beginning on the firat page with a printad or iliuatratad imprea- sion, and anding on tha laat page with a printed or iliuatratad impreeaion. Lae exempleirea originaux dont la couverture an papier eet imprimte sont filmia an commanpant par la premier plat at an tarminant soit par la derniire page qui comporte une amprainte d'Impreeaion ou d'llluatration, soit par la second piet, aelon le caa. Toua lea autraa axamplairea originaux aont filmte an commandant par la premiire page qui comporte une amprainte d'impraaaion ou d'llluatration at an tarminent par la darniire pege qui comporte une telle empreinte. The laat recorded frame on each microfiche shall contain the symbol ^^(meening "CON- TINUED"), or the symbol V (meaning "END"), whichever appliea. Un dee symbolee suivents apparaftra sur la demiAre imege de cheque microfiche, seion le caa: le symbole -^ signifle "A SUIVRE '. le symbole V signifle "FIN". Mapa, plataa, charta. etc., mey be filmed at different reduction ratioa. Thoae too ierge to be entirely included in one axpoaura are filmed beginning In the upper left hend comer, left to right and top to bottom, aa many framea aa required. The following diagrama illuatrate the method: Lee cartea, planchea, tableeux. etc., pauvent Atra filmte A der taux de reduction diffirenta. Loraque le document eat trop grand pour itra reproduit en un seul clichA. il eat filmA A partir da i'angte sup4rieur gauche, de gauche A droite, et de heut an baa. en prenent le nombre d'imegea n^aaaaira. ilea diagrammea siiivanta illuatrant ia m^thode. 1 2 3 1 2 3 4 8 6 ORDINANCE / AND PROCLAMATIONS RELATING THERETO, PRESCRIBING AND REGULATING THE REGISTERING OF TITLES TO REAL OR IMMOVEABLE ESTATE, &.C. (fee. &-C. ^ 4rH VICTORIA, CAP. 30. MONTREAL : ARMOUR & RAMSAY, St, Paul Sheet. 1842. ) AN V sec bra litl sio the all via sor coi tio tur im ^•J Ca •^7 Ci by th( fin Jli Ci otl th< im REGISTRY ORDINANCE. 4th victoria, cap. 30. AN ORDINANCE TO PRESCRIBE AND REGTTLATE THE REGISTERING OF TITLES TO LANDS, TENEMENTS AND HEREDITAMENTS, REAL OR IMMOVEABLE ESTATES, AND OF CHARGES AND INCUMBRANCES ON THE SAME : AND FOR THE ALTERATION AND IMPROVEMENT OF THE LAW IN CERTAIN PARTICULARS, IN RELATION TO THE ALIEN- ATION AND HYPOTHECATION OF REAL ESTATES, AND THE RIGHTS AND INTEREST ACQUIRED THEREIN. i I \Vhereas great losses and evils have been experienced, from Preamble, secret and fraudulent conveyances of real estates, and incum- brances on the same, and from the uncertainty and insecurity of titles to lands in this Province, to the manifest injury, and occa- sional ruin of purchasers, creditors, and others ; And wherevis the registering of all titles to real or immoveable estates, and of all charges and incumbrances on the same, would not only ob- viate these losses and evils for the future, but would also with some alteration of the existing laws, whereby the removal of in- convenient and inexpedient restraints and burthens on the aliena- tion of real estates might be ettected, greatly promote the agricul- tural and commercial interests of this Province, and advance its improvement and prosperity ; — Be it therefore Ordained and En- acted by His Excellency the Governor of this Province of Lower Canada, by and with the advice and consent of the Special Council for the aflfairs of this Province, constituted and assembled "^ by virtue and under the authority of an Act of the Parliament of the United Kingdom of Great Britain and Ireland, passed in the first year of the Reign of Her present Majesty, intituled, "^n JIci io make tempornnj provision for the Government of Lower Canada^'* and also by virtue and under the authority of a certain other Act of the same Parliament, passed in the Session held in the second and third years of the Heign of Her present Majesty, intituled, " Jin Jivt to amend an JId of the lad .S'fs.v/rm of Par- other Instru-. mcnts in writ ing may be re gistered. liamentyfor making temporary provision for the Government of Lower Canada -^"^ and also by virtue rnd under the authority of a certain other Act of the same Parliament, passed in the Session held in the third and fourth years of the Reign of Her present Majesty, intituled, " Jin Act to Re-unite the Provinces of Up- per and Lower Canada, and for ike Government of Canada ;" Memorials of ^"^^^ '^ ''* hereby Ordained and Enacted by the authority of the Deeds, Wills, same, and by virtue of the powers in them vested by the said and various Acts of Parliament, that a memorial of all deeds, conveyances, notarial obligations, contracts, and instruments in writing, which from and after the day on which this Ordinance shall come into force and effect, shall be made and executed, and of all Wills which shall be made and published, by any devisor or testatrix who shall die after the day last mentioned, and of all judgments, judicial acts and proceedings, recognizances, appointments of tutors or guardians to minors, and of curators to interdicted per- sons, and of all privileged and hypothecary rights and claims, and incumbrances, from whatever cause they may result, and whe- ther produced by mere operation of law or otherwise, which shall be entered into, made, acquired, or obtained after the day last mentioned, of or concerning, or whereby any lands, tenements, or hereditaments, real or immoveable estates of this Province, shall or may bo alienated, conveyed, devised, hypothecated, mortgaged, charged, or in any manner or way affected, may be Dccds> &c. to registered, in such manner as is hereinafter directed ; and that be inoperative every such deed, conveyance, notarial obligation, contract and against s"||^^' instrument in writing, judgment, judicial act and proceeding, re- ers &c.incer- cognizance, privileged and hypothecary right and claim, and in- ti^in cases. cumbrance, which shall after the day last mentioned, be entered into, made, executed, acquired or obtained, shall be adjudged to be inoperative, void and of no effect, against any subsequent bona fide purchaser, grantee, mortgagee, hypothecary or privile- ged creditor or incumbrancer, for or upon valuable consideration, unless such memorial thereof, as by this Ordinance is prescribed, shall have been registered before the registering of the memorial of the deed, conveyance, notarial obligation, contract, instrument in writing, judgment, judicial act or proceeding, recognizance, privileged or hypothecary right or claim, or incumbrance, under which such subsequent purchaser, grantee, mortgagee, hypothe- aUo devises by cary or privileged creditor, or incumbrancer, shall claim ; and wills. that every such devise by Will shall be adjudged to be inopera- tive, void, and of no effect, against any subsequent purchaser, grantee, mortgagee, hypothecary or privileged creditor or incum- brancer, for or upon valuable consideration, unless a memorial of such Will be registered, in such manner as hereinafter prescribed ; And npnoint- iiiid that every such appointment of a tutor to a minor or minors, infMboftiitors and of a curator to a person or persons interdicted, shall bt ad- judged to be inoperative in conferring or carrying with it, any hypothec or hypothecary right whatever, and be void and of no effect, against any subsequent purchaser, grantee, mortgagee, and emu tors. I ,< i I ■a .» '5 J tercd sales, mortgages,&c. iiypotliecary or privileged creditor, or incumbrancer, for and upon valuable consideration, unless a memorial of such appointment of a tutor or curator shall have been registered, in such manner as by this Ordinance is prescribed. Provided always that no notice Respectino or knowledge, of any prior unregistered sale, grant, mortgage, P"""" ""regv*- hypothec, privilege or mcumbrance, of or upon any lands, tene- ments or hereditaments, subject to enregistration, given to or pos- sessed by any party, to wiiom or in whose favour any subsequent sale, grant, mortgnge, hypothec, privilege or incumbrance of the same lands, tenements, or hereditaments, or of any part or parcel thereof, duly enregistered, may have been made or created, shall vitiate, or in any wise atVect, any right, title, claim or interest whatever, so derived to and vested in any such subsequent pur- chaser, grantee, mortgagee, hypothecarj' or privileged creditor or incumbrancer, for a valuable consideration ; and that each and every person who, knowing the existence of any such unregister- ed prior sale, grant, mortgage, hypothec, privilege, or incum- brance, of or upon any lands, tenements or hereditaments as aforesaid, shall fraudulently make any such sul's quent sale of the same lands, tenements, or hereditaments, or of :iny part or parcel tiiereot', shall be guilty of a misdemeanor, imd, being thereof duly convicted, shall be liable to such impri^i^turient not exceed- ing twelve calendar months, and also to such fine and penalty, not exceeding five hundred pounds current money of this Pro- vince, as the Court before v\hom the conviction shall take place shall think it riglit to inflict. II. Provided alvvays, and be it further Ordained and Enacted, that it shall not be necessary to register any memorial as afore- said, for arrears of cens et rentes, or rents due to the seignior, or ^nreeiltered. lord of the fee, for a period not exceeding seven years, or for seigniorial services or dues, other than lods et ventes, or for ar- rears of rentes foncieres, ground rents for any period not ex- ceeding seven years, nor for the expenses of a'lixin' eals for safe custody, or for making an inventory, when require^ ' , law, nor for costs of suit incurred for the common benefit of creditors, nor for funeral expenses, and those of the last sickness, nor for ser- vants' wages for any period not exceeding two years ; and that to these several descriptions of privileged debts, the provisions of this Ordinance shall not extend. III. Provided al.^o, and be it further Ordained and Knacted, The registra- tluit the registration hereinbefore required of memorials of deeds, lion required of conveyances, or wills, whereby an estate of inheritance, or in '"'^i^?""jeed» freehold, is passed or intended to be passed, shall not operate to ^f,, „ot to the prejudice of grantees or purchasers, for valuable consideration, operate to the or of devisees whose title may be derived from a dillerent grantor, F«y"dice of vendor, devisor, or testatrix, but shall operate and have the eflecl ,^[,3^"' horeinbefbre mentioned between, and in respect of grantees, pur- chaser.-!, and persons whose title is derived from the same grantor, vendor, dovisor, or testatrix, and not otherwise. I\'. And be it further Ordained and Enacted, that a memo- McmniialsQf Privileged debts not re- to be various iiislru- iiients in writ- ing' to be ciire- gistcreil willi- in a stilted pe- riod, otiierwisc they will be irioporiilive Bgaiiist stihsc- (jucrit purcliai<- trs, he Register olliccs t()i)e cslabiisli- cd, and Kegis- trar.s to be ap- pointed by the (lovernor. Kenistrnrs to appoint Depu- ties. rials of all notarial obligations, contracts, instruments in writing, judgments, jmiicial acts and proceedings, recognizances, privile- ged and liypotliecary rights antl claims, now in ibrce, or wiiich shall be in ibrce on the day on which this Ordinance shall come into force and eflect, whereby any debt or debts, sum or sums of money, goods or chattels, have been contracted, stipulated, or se- cured, or have heeii recoveretl or made and are payable or deli- verable, and whereby any lands, tenements or hereditaments, real or immoveable estates, have been and are liypothecated, charged or incumbered, for the payment, satisfaction, or delivery thereof, shall be registered in such manner as is hereinafter pre- sciibed, within twelve calendar months, from and after the day on which this Ordinance shall come into force and elfect; and such registration when so made within the period last aforesaid, shall have the elVect of preserving such hypothecs, privileged and hypothecary rights and claims, according to their respective rank and priority, in the same manner, as if this Ordinance had not been made ; and every such notarial o!)ligation, contract, instru- ment in writing, judgment, recognizance, judicial act or proceed- ing, [)rivileged or hypolhecnry right or claim, whereof a memorial shall not be registered within the period last mentioned, shall from and after the lapse of the snid period, be inoperative, void and of no elfect whatever, agninsl any subsequent bona fide purchaser, grantee, mortgagee, hypothecary or privileged creditor, or incum- brancer, for or upon valuable consideration : Provided that no- thing lierein contained shall be construed to require the registra- tion of the original grant, letters patent, conveyance or tide by which lands have been granted and conveyed, and are now held enfief, a Hire pnlp(L nr of onc ot I/Vi, V* » \, (» s» w ».» V*. — ^ - - !'r notaries I'doro whc m en rvm M n t g ^ J i='* i them having the custody of the original instrument ; ahtl shall mention and describe the lands, tenements, and hereditaments granted, conveyed, devised, charged, or allected by such deed, conveyance, contract in writing, or Will, according to the des- cription thereof contained in such deed, conveyance, contract in writing, or Will, or to the same eflect, and also the nature, and general purpose and character of such deed, conveyance, contract in writing, or Will. And every memorial of a notarial obligation, t») be registered as aforesaid, shall specify the date thereof, and the name or names of the notary or notaries before whom the same has been made and executed, or of one of them having the custody of the original obligation, and the names, places of abode, and additions of the obligor and obligee therein named, and for what sum or sums of money the same has been made and entered into ; and also shall mention and describe the lands, tenements, and hereditaments, hypothecated, charged or effected by such notarial obligation, according to the description thereof contained in such notarial obligation, or to the same effect. And every memorial of a judgment, judicial actor proceeding, recognizance}- j)rivileged right or claim, to be registered as aforesaid, shall express- ami contain, in case of such judgment, judicial act or proceeding, tlie names, places of abode, and additions of the parties, plainiiffs and defendants therein, the sum or sums of money thereby re- covered or adjudged, and the time of the recovering of such judg- ment, or of the accompliishment and completion of such judicial act or proceeding ; and in case of recognizances, the date of the recognizance, the names, places of abode and additions of the cognizors and cognizees therein, and for what sum or sums of money, and before whom the same was acknowledged, and a description of the lands, tenements, and hereditaments, charged or affected by such recognizance ; and in case of privileged and hypothecary rights and claims, the names, places of abode, and additions of the creditors and debtors respectively, the amount of the debt, the nature and general purpose and charucter of the written security or document, conferring or affording evidence of the privilege or hypothec, and a description of the lands, tene- ments and hereditaments charged, incumbered, or affected with such privilege or hypothec, and the date of such written security. And every memorial of the appointment of a tutor or guardian to minors, and of a curator to persons interdicted, shall express and contain the name, place of abode, and addition of the tutor, or curator, and the names of each of the minors, or interdicted persons, of whom he has been appointed tutor or curator, and the name and description of the Judge by and under whose authority such a()pointment has been made, and shall also express whether such memorial is to be registered, in respect of all the real estates: of such tutor or cuiator, or of a part only, and if of a part, of what part; and if such memorial be made by nny otiier person than tlie tutor or curator himself, it shall also express the name, plact-T of abode, andaddition of the person by whom it is madCr 10 How the regis- tration of me- morials are to be cffecled. Respecting inciiiorials nindi! and cxe- ciilcd uiit of llw" l)istri<;t wherein the lands, he. tlirrrin men- tioned,may lie. XI. And be it further Ordained and Etr >d, that for the pur- pose of cflecting the registration of memorials to be registered as aforesaid, every memorial made and executed in the manner herein before required, shall be presented and delivered to llie Registrar, or his Deputy, at the olfice vvhere'the same is to be registered, and the same shall be acknowledged by the person or persons by whom the same shall have been executed, or one of them, or shall be proved by one of the witnesses to the execu- tion thereof, on oath before the said Registrar, or his Deputy, who is hereby empowered to administer the said oath ; and together with every such memorial, there shall be produced to the said Registrar, or his De()uty, the deed, conveyance,contract in writing, the Will, or the probate or ollice copy of such Will, the notarial obligation, instrument in writing, judgment, recognizance, appoint- ment of a tutor or guardian, and of a curator, judicial act and proceeding, privileged or hypothecary right or claim, of which such memorial is to be registered, or a notarial copy of any such documents, if the original be executed in the notarial form, and be in the custody of a notary, or an ollice copy of any such document or writing as aforesaid, as may have validity, or pro- ceed from the authority of a Court of Justice, or the Judge of any Court. And the said Registrar, or his Deputy, shall indorse a certificate on every such deed, conveyance, Will, probate, nr office co|)y of a Will, notarial obligation, inslrunicnt in writing, judgment, recognizance, appointment of a tutor or curator, judi- cial act or proceeding, privileged or hypothecary right or claim, notarial or olnce copy, produced as aforesaid, and therein men- lion the certain day, hour, and time, at which such memorial shall be entered and registered, expressing therein also, in what book and page, and under what number the same shall be enter- ed ; and the said Hegislrar, or his Deputy, shall sign the said certificate when so indorsed : and all certificates, so indorsed and given, shall be taken and allowed as evidence of such respective registries, i:.' all Courts of Justice whatsoever. XII. Provided always, and be it further Ordained and Enacled, that any memorial to be registered, as aforesaid, thai may be made and executed at any jjlace within this Province, not being within the District wherein the lands, tenements, or hereditaments, real orin\moveuble estates therein mentioned may lie, shall i)e enter- ed and registered by the Registrar of such District, or his Deputy^ on the jirodiictiou and delivery to such Registrar, or his Deputy, of an allidavit sworn Itcfore one of the Judges of any (Joint of King's Bench, or of Queen's IJench, or of the Common Pleas, by which the execution of such memorial shall be proved, by one of the witnesses to the same. And provided also, that any memo- riid to be ivgislerrd as aforesaid, tlia* may be made and executeil in (ir(!al Hrilain or Ireland, or in any of the Colonies i»r j)ossesHions lu'lonuiiig to the Crown of tlm United Kingdom of dreat Hritain ami ln'laiiil,-ditor shall be entitled, by reason of any registered In cMiiilpd to „u.,„,„.i.,| „|';, mortgage, hvoolhec, or privili-i'i', to a |)reli.Tonc(; or priority belort^ otiier creditors, lor more than two years nrrcnrs of interest on the debt or ca[)ilal sum thereby secured, unless a memorial of his claim for arrears of interest to a s|)ecific amount, beyond the arrears of two years, sluilt have been separately registered as being duo unih'r such mortgage, hypothec, or privi- lege, and unless such creditor do, at the time of presenting such Uioinoiiul to the Uegistrar, or his Deputy, make oath before hcforc olhn crcdit»rf. ! 1 i \ \ 13 •ted. 1 such Registrar, or his Deputy, (who is hereby cmpoweretl to ad- minister such oath,) that the said specific amount of interest re- mains due ari(l paid to him, or unless an alfulavit to the same elFect be sv\\»rr- t)efore one of the Judges of the Court of King's Bench or Con.inon Pleas for this Province, (who is hereby em- powered to take such affidavit) and delivered with such memorial to the said Registrar, or his Deputy. XVII. Provided also, and be it further Ordained and Enacted, Leases for less that the provisions of this Ordinance, and anything therein con- than 9 year*, tained, shall not extend to leases for a less period than nine years. XVIII. And be it furlher Ordained and Enacted, that the Mnmomls of registration of memorials of hypothecs, and hypothecary rights 'jyi'"i'"^''^ ^y and claims, as directed by this Ordinance, which shall be made vious to bimk- withifi ten days next before the bankruptcy of the debtor or deb- ruptcy. tors, shall give no priority over other creditors of the same debtor or debtors, and shall produce no elT-'ct whiilever. XIX. And be it further Ordain.'d ami Eniictwl, that each and U'gistcrsio bo every of the Registers to be used f.r the registration of memorials •'""'^"'^'cai*-' . iheroin, as aforesaid, shall, before the making of any entries, be authenticated by a memornndam^ to be written on the first page t'i:M'e )f, and signeil by the Prothonotary of the Court of King's ]Jeiich,or of the diviaiDU of the Court of Coiimion Pleas, sitting in the District, or Territorial Divi.«ion within which such Rcgis- ers are to be used ; by which mem.aran(hnn shall be certified the purpose for which the said Register is iiitendeil, the number of leaves contained theiein, and the day, month, and year, on which such memorandum shall be made, and shall also be autlicnlicated by the numbering of each of the said leaves in words at full length, with the initial letters of the name of the said Prothonotary sub- scribed thereto ; and every memorial that shall be entered in Uospecting ihc every such Register shall be nund)ered, and the day of the month, ^"'7 "'" '»c- and the year, ami hour of the day when every memorial is regis- "'"''"'*• tered, shall be entered in the margin of the said Registers ; and the said Registrar, or his De|iuty, shall duly file the said memorials, and shall enter or rcglst(;r the said memorials, con-jccutively, in the same order in which they shall respectively come to his han«l, and in sticli manner as to leave no blank or interval between iho memorials so registered. X\. Ami be it further Ordained nnd Enncted, that every UpKisirars to Registrar to be appointed as af()reH;iid, shall keep in his Registry k<'<'P «"ertain Ollice an Index, to be contained in a pro[)er book provided for that "" "' purpose, wherein shall be entered, in niphahetical order, the names of the persons mentioned in the memorials to be registered, as at"oresaid, by and to whom any reid or iimnoveable estal(!H, as nuMitionoil in the said memorlal.-i, nuiy have been alienated, hypothecated, mortgaged, charged, or incimibered, and by or against whom any judgments, as mentioned in such memoriuls, may have beeti recovcretj, niid by nnd ngaifisi wljoiii, ns uUo inuntionud in MUch memoiials, any legal or tacit hypothec, or u I' I any privilogeJ or hypothecary right or claim, may be registereti as atiiresaid, with reference to the entries of the memorials, an registered, of and concerning the real and immoveable estates, alienated, hypothecateil, mortgaged, charged, or incumbered by and to such persons respectively, and the numbers of such en- trieg, and the pages of the Register containing such entries, and the name of the Parish, Tu\vt»ship, Seigniory, City, Town, Village, or extra parochial place, where the said real or im- moveable estates may be situated, so as to afford, by mear of an Index to names as aforesaid, as far as may be pra licable, an easy and ready reference to every memorial to be registered as afore.li 'U have been appointed, with references, under the respective lii-ads of such local divisions, to all and every the entries of re|j rocure a memorial to be registered of the iiypothecs established in and l)y the contract of marriage of such minor ; and in default thereof, they, and each of them, jointly and severally, shall be liable for all damages that may be sustained by such minor, by reason of the omission to register such memorial as aforesaid. XXVI. And be it further Ordained and Enacted, that it shall be lawful for any Judge or Judges, by whom any appointment of a tutor, or curator, shall be made, by and with the advice and consent of the relations and friends assembled for the election of such tutor, or curator, to restrict the liypothec resulting from such appointment, to ceitain specific lands and tenements, real or immoveable estates, of such tutor or curator ; in which case, all other the lands, tenements, and hereditaments, real or immove- able estates, of such tutor, or curator, shall stand and be exone- rated from any hypothec whates'er, by reason of any such ap- pointment : and it shall be incumbent on the tutor or curator, subrogate-tutor, relations and friends, in every such case to cause and procure a memorial to be registered, of the hypothecs on such q)ecifu'. lands and premises, ami on none other. XXVII. And be it further Ordained and Enacted, that in cases where the hypothec, resulting from the appointment of a Hues ivsiiliiiiK tutor to minors, or of a curator to interdicted persons, shall not ^'^^'j""^/,|j!^y'.y,"Jj have been restricted, as aforesaid, by the instrument or act of bo rcsirictud- appointment, and where the general legal hypothec, thereby established, shall notoriously exceed a sullicicnt security for the gostion or administration of such tutor, or curator, it shall be law- ful for the Judge or Jiulges, in whom the power of appointing tutors or curators in such cases resides, by and with the consent of the subrogate tutor, and with the advice of the relations and friends of any such interdicted person, to bo assembled for that purpose, to restrict iho liyjiolhcc, in such cases, to such specific huids and tenements, as mtiy alVord a complete security to such minor, or interdicted person ; and theieu[)on, and after the regis- Ilypotlu'cs re- sulting from he appoint- meiil of tutors lor curators may be res- tricted to cer- tain specific lauds, ^,c. And j;eiieral legal hypo- ros dei re;t aiK ni; wl at ac lai of soil a ui to ir no ac- ijesty's on llie or un- equiieil of any tor to a ely, un- nianner tre, or of •om and brce and after the tutor or ority and ause and stablished in default ,-, shall be niinor, by )resaid. lat it shall )pointment advice and election of ; from such Us, real or ch case, all or imniove- I be exone- y such ap- or curator, ^ase to cause lecs on such •Aed, that in jintnient of a ns, shall not 2nt or act of liec, thereby curity for the shall be lavv- of appointing ih the consent ; n'lati<>ns and nbled for that ) such specific curity to such after the regis- tration of a memorial of such restricted hypothec, all other the lands, tenements, hereditaments, real or immoveable estates, of any such tutor, or curator, shall stand and be exonerated from any liypothec whatever, for or by reason of the appointment of such tutor or curator. XXVIII. And be it further Ordained and Enacted, that from Respecting ge- and after the day on which this Ordinance shall come into force "'^''^' ""'j 'i""" and eflect, no general hypothec, shall be stipulated in, or consti- pothec"!' ^" tuted by, or result from, any deed, contract, or obligation in writ- ing whatsoever, to be thenceforward made and entered into ; and no conventional hypothec, charge or incumbrance, on lands, tenements or hereditaments, real or immoveable estates, sl)all,from and after the day last aforesaid, be constituted or acquired, in or by virtue of any deed, contract or obligation in writing, which shall be executed or made after that day, before a Notary or wit' nesses, or before Notaries, or before any Court of Justice, or Judge, or otiierwise howsoever, unless the lands, tenem.ents and hereditaments, real or immoveable estates, intended or alledged to be hypothecated, charged or incumbered, by such deed, contract, or obligation, in writing, or such acknowledgment thereof, or by which any such hypothec may be claimed, be therein specially descrilicd ; nor unless the sum of money intended to be secured by such hypothec, charge or incumbrance, be i.i the same deed, contract, or obligation in writing, or the acknowledgment thereof, specified : and no such hypothec, as last aforesaid, shall be con- stituted or accpiircd for any other purpose than for securing the payment of a sum or sums of money specially mentioned as aforesaid. XXIX. And be it further Ordained and Enacted, (hat from No legal or ta- and after tlic day on which this Ordinance shall come into force c'' I'ypoihcc and elVcct, no legal or tacit hypothec shall, for any cause what- ^^.^^ except for soever, be cotititituted, or subsist, on lands, tenements, or here- the causes ami ditaments, real or immoveable estates, in this Province, except in the cases for the causes and in the cases following, that is to say : upon Prescribed io the lands, tenements, hereditaments, real and immoveable estates of married men, to and in respect of their wives, for securing the restitution ami payment of all d(jtal sums of money, claims, and demands, which they may have on their husbands, for or by reason of any succession or inheritance, which may devolve upon and accrue to such married women, and of any donation which may be made to them during the continuance of their marriage, which hy[)othcc shall be accounted from the respective periods at which such succession or inheritance shall so devolve and accrue, or such dontition shall receive execution : and upon the lands, tenements and hereditatnents, real or inunoveable estates, of tiUors or guardians to minors, anil cm'ators to interdicted per- sons, to and in respect of such minors and interdicteii persons, as a security for the du(> administration of such ttitors and curators, and llic jMiyuiCiit uf all suiiis of iuoiiey whicli tlioy may be foviiid to owe, at the close of their udntinistrntion ; and upon the lands, c 18 Respecting hy- pothecs deriv- ed from judg- ments, andju- dicial acts or proceedings. Who are ad- judged to be privileged crC' ditora. tenements and hereditaments, real or immoveable estates, of deb- tors, and persons vvlio have contracted and entered into, or shall or may contract or enter into any debt, suretyship, engagement, or liability, to Her Majesty, her heirs or successors, for and in respect of which an hypothec is established and allowed by the existing laws of this Province ; any law, usage, or custom, to the contrary thereof in any wise i'otvvithstanding. XXX. And be it further Ordained and Enacted, that from and after the day on which this Ordinance shall come into force and effect, no hypothec shall be constituted by, or derived from, any judgment, judical act or proceeding, to be rendered, made or had, after that period, on any lands, tenements, or hereditaments, real or immoveable estates of the defendant or defendants, debtor or debtors, against whom such judgment, judicial act or proceeding shall be rendered, made or had, than those whereof any such defendant or debtor shall be seized and possessed, at the time of the rendering of such judgment, or the accomplishment and com- pletion of such judicial act or proceeding ; which last mentioned lands, tenements, and hereditaments, real and immoveable estates shall alone be thereby bound : nor shall any hypothec be estab- lished by, or derived from any judgment, judicial act or proceed- ing, which shall not award a specific sum of money, and such hypothec shall be established and subsist for and in respect of such sum of money only ; save and except judgments containing an adjudication of interest and costs of suit, or of interest and costs only, which adjudication may be made, as now practised, without the express mention of the amount of interest or costs, in the judgment, and shall nevertheless carry with it an hypo- thec ; any law, usage, or custom to the contrary thereof, in any wise notwithstanding. XXXI. And be it further Ordained and Enacted, that the pri- vileged creditors, of whose privileges and privileged rights and claims, memorials shall and may be registered, in pursuance of this Ordinance are, and shall be adjudged to be, the following, that is to say ; — Firstly, the vendor, upon and in respect of the real estate sold by him, for the recovery of the price thereof; — Secondly, the person by whom money to be applied to the pur- chase of real estate has been lent and advanced, provided that it be ascertained by the inslriunent or writing evidencing the loan, that it was intended to be so applied, and, by the acquittance of the vendor, that the payment of die price was made by and with the money so lent and advanced ; — Thirdly, co-heirs and co- partitioners, upon antl in respect of the real estates of the succes- sion, and the real oi-lates held by them as tenants in common, for the execii(io;i of t!ie warranty incident to the partition made among them, and for the diil'oronce and return in money {saidie rl rclour,) to make uj) for the inc(|uality of lots included in any such partition ; — Fourthly, architects, builders, or other work- men employed in the building, re-buiiding, or repair of buildings, canals, or other erections or works ; provided that by an expcii, sue be pro mo ot tht by an fJcb- shall ment, ind in by the to the m and ce and Ti, any or had, ts, real tbtor or ceeding y such ime of id com- ntioned ! estates e estab- troceed- id such spect of ntaining rest and actised, or costs, in bypo- f, in any t the pri* ghts and Hiance of bllovving, ;t of the lereof ; — > ihe pur- led tiiat it the loan, littance of and with s an-!)and, by whom such alienation, jointly with his wife, shall be nuule, for any compensation, ov indemnity, to or for such married woman, on account of such sale or alienation ; nor shall any privilege or hypothccaiy right, or claim to such compensa- tion Ol ' Married wo- men may join with their hiis- l)ands ill the ulieiiation of lands, &,c. whieli may be lial)Ie for their legal or custo- mary dower. uidi'MUiiU' . Ill' 3 ■•• any kind, accrue to, or become vested in, her heirs, or other •1 H t' t Wi \M Im( r.^il t \\* H m W^' ' ;;»•, ;nade, sealed and delivered before two witnesses or ma''. >. * ;'v ated beloio one Notary and two witnesses, or before two Notaries, whereby the intention of the bargainor lo sell, and of the bargainee to pur- chase, an estate of inheritance or freehold, in any such lands and premises, shall be made manifest, shall be a good and valid con- vpvTince for transferring, passing, and assuring to the bargainee, MS hflLi;. and ai^signs, not only the use of and in the same, but • ?io vi-e lawful s:^izing, estate of inheritance, or freehold, and pos- session, of the bargainor, of and in all and every such lands, tenements, and hereditaments, real or immoveable estates, with iheir appurienances, without any livery of seizin, aitornmeni, or other formality whatsoever; and every such indenture, deed, or 23 writing of bargain and sale, may be in the fornn contained in the schedule, No. 3, to thi - Ordinance subjoined, or in any other form, or words, to the same effect, and shall admit and be sus- ceptible of all the convenants, dispositions, and clauses, which may or might legally be 'ntroduced into, or make part of a con- veyance by feoffment, or lease and release ; any law, usage, or custom, to the contrary mtwithstaii 'ing. XXXIX. And be itfmtlier Ordained and Enacted, that in all "ow certain indentures, deeds, or writings of bargain and sale, made as afore- ^^"^ ?''° j , said, after the day on which this Ordinance shall come into force ofbar-'ainand and elfect, whereby an estate of inheritance in fee simple is limit- sale nCreal ed to the bargainee and his heirs, the words " grant ^ bargain^ and estate, held in s;"?/," shall import and be construed and aJiuds;eil, in all Courts ^^^ ^rl„*^»'"' . T !• 1 11. II- mon soccage, o! Judicature, to be express covenants to the bargainee, his heirs are to be con- aiiJ assigns, from the bargainor, for himself, his heirs, executors, strued. curators, and administrators, that the bargainor, notwithstanding any act done by him, was at the time of the execution of such indenture, deed, or writing, seized of the hereditaments and pre- mises thereby granted, bargained, and sold, as of an indefeasible estate in fee simple, free from all incumbrances, (rents and ser- vices due to the Lord of the Fee only, excepted) anci for quiet enjoyment thereof, against the bargainor, his heirs and assigns, and all claiinifig under him, and also for further assurance there- of, to be made by the bargainor, his heirs and assigns, and all claiming under him ; unless the same shall be restrain d and limited, by express particular words, contained in such inden- ture, deed, or writing ; and the bargainee, his heirs, executors, curators, administrators and assigns, respectively, shall and may, in any action to be brought, assign a breach or breaches there- upon, as they might do, in case such covenants were expressly inserted in such bargain and sale. XL. And whereas it is necessary to make provision for the Deeds, Wills, preservation of titles to real estates, which have been, and uiav *";» executed be executed before witnesses ; be it therefore Ordained and En- ggg under acted, that from and after the day on which this Ordinance sh dl which titles to come into force and effect, any person or persons havingor claimir g lands, &c., si- title to any lands, tenements or hereditaments, real or immov - j."^** '"'^^ able estates situated in this Province, may register, at full lengti i,g claimed, to in the Registry Offices aforesaid, respectively, all and every o be registered any of the deeds, conveyances, wills, or writings, executed before at full length, witnesses, by or under which such title shall be claimed ; and the said Registrars, or their Deputies, respectively, are hereby authorized to enter and register all such deeds, conveyances, wills, and writings as shall be so brought to be registered, at full length, by engrossing them in books, bound in leather ; and the said Registrars, or their Deputies, respectively, shall, in the mar- gin of every such entry, mention the time of every such entry and registration, and shall indorse and sign a certificate on such deed, conveyance, will, or writing, in manner as by this Ordi- nance is directed, when a memorial is entered, and shall safely 24 Anil ccrtifii'd cojiiis of such rej;islru(iuti to bo allowed as evidence. One of the wit- nesses l()ni;iUe Oiith to the due execution or sii-MiinL"; ol" any such iii!ed, Will, &.C. Deeds, Wills, Jkc. exi'cnlcd in the IVo- viiiee, liul out of the Dislriel in tvliicli the lands, ik,c. shall lie, may also he regis- tered at lull lenj^th. And also Deeds, \Vills, &,c. executed out of the Fro- vince. keep all and every the books wherein such entfies and regislra- tions shall be made, in the said public otlices, i-f-'Kpectivoly, thefc to remain upon record ; and all copies of such entries and enrol- ments of such deeds, conveyances, wills, and writings, so regis- tered, at lull length, which sludl be certified and signed by the said Registrnrs, or their Deputies respectively, shall be allowed, in all Courts of Justice, to be good and sullicient evidence, of Buch deeds, conveyances, wills wnd writings, so registered, and which may be destroyed by fire, or other accident. XLt. And be it further Ordained and Enacted, that at the time any deed, conveyance, will, or writing, shall be brought to the Registrar's Olllce to be regir^tered or inrolled nt full length, as aforesaid, one of the witnesses to the execution of such deed, conveyance or writing, or to the signing and publishing of such will, shall make oath [jelbre the said Kegintrar or his Deputy, that such deed, conveyance or writing, was duly executed by the grantor or grantors, or that such will was signed by the devisor or testatrix, which oath the said Kegi^itrar, or his Deputy, is em- powered and re(|uired to ailminister. XLII. Provided always, tuul be it further Ordaitied and En- acted, that such deeds, conveyances, w ills, nnd uritings, as shall be made and executed, or published, in any j)lace in the said Province, not being within the District in which the lands tene- ments and hereditaments therein mentioned, lie, mny b(! entered ami registered, at full K'ngth, by the afoiesaid Registrar or Ins Deputy, in case an adidavil, sworn before one of the Judges of the Court of Queen's Bench or Common Pleas, or before iiny Di>trict (\)url, be brouirht with such deed, conveyance, will or writing, to the said Registrar, or his Deputy, wherein tuie of the witnesses, to the execution of sucli deiul, conveyjuice or writing, or to the signing and publishing of sucli will, shall swear that he or she saw the said deed, conveyance, or writing executed, or in case of wills, such will signed and published by the devisor or testatrix. XLIII. Provided also, and be it i^nther Ordained and Enacted, that such deeds, conveyances, wills, ami writing's as shall be muilc and executed, or ptd)lished, in any part of Great Britain or Ireland, or in iiny Colony or Possession belonging to the Crown of the United Kingdom of Oreat Urilain and Ireland, may be en- tered ai\d registered iit full length, by the llegistrar of tiny District in this Province, or liis Deputy, in case si like tinidavil, sworn before the INIayor or Chief Magistrate of any city, btJrottgh, or town corpor *, in Croat Mritain or Ireland, or the Chief Justice, or a Jiidgo of the Supremo ('ourt of any such ('nlony or Posses- sion, be brought with such i\ci.\\, conveynnce, will, or writing to the said Registrar, or his Deputy. And j)rovided also, and bo it further Ordained and Enacieil, that such deeds, conveyances, wills, and wriliiiL's, as shall be made and executed, or pulilished, in any Foreiiin Slate, may l)e entered and registered nl full length, by any bUch RegisU'ur, in case u like ulliduvit, sworn before uny 25 of hilll 1)0 iiiiiii i>r (y row 11 1)0 011- Distiict sworn n\\i}\, or .Iiistioo, INisKOS- rirui|T to ikI 1)0 it yiiiioos, iltlisliod, loii^tli, mo unv Minister Plenipotentiary, or Minister Extraordinary, or a Charg6 d' Affaires, or any Consul of Her Majesty, Her Heirs or Succes- sors, resident and accredited within such Foreign State, (who ia hereby empowered to administer the oath in this behalf,) be brought vvitli such deed, conveyance, will, or writing, to the said Registrar, or his Deputy. XLIV. And be it further Ordained and Enacted, that every Every such such registry,at full length, of such deeds, conveyances, wills, and ^^^'^^'T j" ug writings in the said Registry OfTices, as aforesaid, shall be deemed ^j^g g^^^y ^f ^ and adjudged to be the entry of a memorial thereof, pursuant to this memorial of Ordinance,and shall have the same force and effect, upon the estate ^"^l^ ^ced, or estates therein mentioned, in relation to all subsequent deeds, ^^' ' conveyances, wills, and writings, and to all other intents and pur- poses, as if a memorial of such deed, conveyance, will, or writ- ing, so regi.-tered at full length, had been entered and registered in the said Registry Office,aa aforesaid, pursuant to this Ordinance ; and the certificate signed and indorsed on such deeds, convey- ances, wills and writings, registered at full length, shall be taken and allowed as evidence of such registry, in all Courts of Justice whatsoever. XLV. And be it further Ordained and Enacted, that in case Proceedings to of mortgages, notarial obligations, judgments, judicial acts and pro- J^^ adopted by ceedings, recognizances, privileged and hypothecary rights and uponVroduc- claims, whereof memorials shall be entered in the said Registrars Uon of cerlifi- Otlice,as aforesaid, and in case of mortgages, where the mortgage rates that all deed shall bo registered at full length, pursuant to this Ordinance, *"o"'«s due, if at any time afterwards a certificate shall be brought to the said have^been Registrar, or his DopiUy, signed by tho mortgagee in such mort- paid and sati*- gages, the creditors named in such notarial obligations, the plain- fied. tills in such jutlgments, the cognizees in such recognizances, the hy^ jdiecary or [trivileged creditors,named in such judicial acts or proceedings, privileged rights or claims, their respective heirs, executors, curators, administrators, or assigns, and attested by two witnesses, whereby it shall appear that all monies duo on such mortgage, notarial obligation, judgment, judicial act, or pro- ceeding, recognizance, privileged or hypothecary right or claim, respectively, have been paid or safislied, in discharge thereof, which witnesses shall, upon their oath, before any one of the Judges of the Court of Queen's Bench, or Common Pleas, or be- fore the said Registrar, or his Deputy, who are hereby respec- tively oiu|)i)wored to ad'ninister such oath, prove such monies to be satisfiod or paid accordingly, and that they saw such certificate signed by the said mortgagees, hypothecary or privileged credi- tors, plnintiUs, or co^nizees, their respective heirs, executors, curators, administrators, or assigns ; then and in every such rase, the said Registrar or his J')eputy, shall make an entry in the mnr- gin of the licgistor, against the registry of the mem'rinl of such mortgage, notarial obligation, judgment, judicial act or proceeding, recognizance, privileged right or claim, or againct such tieod regislerod at full length, reppeclivcly, that such mortgage, notarial 1) 26 obligation, judgment, judicial act or proceeding, recognizance, privileged right or claim, has been satis^ed and discharged accord' ing to such certificate, to which the same entry shall refer, and shall afterwards fyle such certificate, to remain upon record in the said Registry Office. Forms of me- XLVI. And be it further Ordained and Enacted, that memo- morials and rjajg gnd certificates of discharge, to be registered in pursuance of eertificates of ^j^j^ Ordinance, may be in the forma contained in the Schedule, No 4, to this Ordinance subjoined, or in any other forms, by which the requirements of this Ordinance may be fulfilled* DutyofR'gis- XLVII. And be it furtlier Ordained and Enacted, tiiat when- trarsjwho shall gyer tlie Registrar of any District shall cease to be such Regis- offic^ 'and' of *'"^''» ^" consequence ol" his resignation or removal from office, and the heirs, he. when any such Registrar shall die, it shall be the duty of every of those wlio such registrar, who shall cease to hold the said office, and of the shall di?.. heirs, executors, curators, or other legal representatives of every such Regisitrar,vviio BJiall die, to deliver to the successor of every such Registrar, who shall so resign, be removed, or die, on his demand, all and every the registers, books, indexes, memorials, records, documents, and papers appertaining to the office of such Registrar ; and in case the Registrar so resigning, or removed from ollice, or the heirs, executors, curators, or other legal repre- sentatives of any such deceased Registrar, shall refuse or neglect to deliver to the successor of every such Registrar, all such regis- ters, books, indexes, memorials, records, documents, and papers, as aforesaid, they, each and every of them, so refusing or ne- glecting, shall be held to be guilty of a misdemeanor, in having disobeyed this enactment, and shall besides be liable to make satisfaction to the parties aggrieved or injured, for all such dama- ges and costs as he, she, or they shall sustain by reason of such refusal or neglect. Fees to be ta- XLVI II. And be it further Ordai ncd and Enacted, that every I'r*!!!..''^ ^^^^^^' such Registrar, to be appointed as aforesaid, shall be allowed for the fyling, entry and registration of every memorial to be regis- tered in pursuance of this Ordinance, the sum of two shillings and sixpence, and no more, in case the number of words therein do not exceed four hundred wonls, but if such nioiiiorial shall excecil lour hundivd words, then after the rate and proportion of sixpence for every hundred wonls contained in such memorial, over and above the first four hundivd words, and the like fees for the like number of words contained in every deed, conveyance, will, and writing, rettistered at full length, ns aforesaid, and in evtry certificate or copy given at the said ofiice, and no more ; and for every seai«;h in the said olfico, it' the riames o( the parlies to, or who have executed the deed or instrument to be searched for, be given, one shilling, and no more, and when the names of the parties are not given, two shillings, and no more. r.i! !i.rifsf*4i5il Oil* gixTovtr trai'9. HiiiirR ol' 'it- trnd inc' nl the nllirc of rvrrv \M\. And De it furtner v./ruuiried and L iiUL.ic;u« tiimii %>*v. Registrar to Ix? nppointeti, ns aforesaid, or his sufficient deputy, Rfgiatrar! "' ^'ImH give 'lue iittendnnco nt his office, everyday in the week, 27 excepting Sundays and holidays, between the hours of nine in the forenoon, and three in the afternoon, for the despatch of all business belonging to the said office ; and every such Registrar, or his Deputy, as often as required, shall make searches concern- ing all memorials that are registered, and all deeds, conveyances, wills, and writings registered at full length, as aforesaid, and give certificates concerning the same, under his hand, if required by any person. L. And be it further Ordained and Enacted, that if any such Penalty on Registrar, to be appointed, as aforesaid, or his Deputy, shall Registrars for neglect to perform his or their duty, in the execution of the said juf^'^'j^c** office, according to the rules and directions in this Ordinance contained, or commit, or suffer to be committed, any undue or fraudulent practice in execution of the said office, and be thereof lawfully convicted, then, and in every case, such Registrar shall forfeit his said office, and pay treble damages, with full costs of suit, to every person or persons that shall be thereby injured, to be recovered by action of debt or information, in any of Her Ma- jesty's Courts of Recoi'd in this Province. LI. And be it further Ordained and Enacted, that if any per- Permliios on son or persons, shall, at any time forge or counterfeit any such ^^*^l*""/ ^"""S" memorial, certificate or indorsement, as is hereinbefore mention- meniorial cer- ed or directed, and be thereof lawfully convicted, every such tificate, or en- person so offending shall incur, and be liable to such pains and Juraement. penalties as in ami by an Act made in the fifth year of the Reign of Queen Elizabeth, intituled, " An Act against Forgery of False Deeds and Writings," are imposed upon persons, for forging and publishing false deeds, charters or writings sealed, court rolls, or wills, whereby the freehold or inheritance of any person or per- sons, of, in, or to any lands, tenements and hereditaments, shall or may be molested or changed ; and that if any person shall, at And on per- any time forswear himself before any Registrar, appointed as fo"" forswear- aforesaid, or his Deputy, or before any Judge, District Court, or "'S themselvea. person hereby authorized to administer an oath in any of the cases hereinbefore mentioned, and be thereof lawfully convicted, every such person or persons so offending shall incur, and be liable to the same penalties, as if he or she were guilty of wilful and corrupt perjury, in any of Her Majesty's Courts of Record in this Province. Lll. And be it fiuther Ordained and Enacted, that the provis- Ribfivr to ions of this Ordinance shall extend to, incUule, and be binding on mcnKH.us to Her Majesty, Her Heirs and Successors, in all the particulars J^j JJ,E]f''7^ herein contained. Atul memorials to be registered, for and on ",„, , row i. behalf of Her Majesty, Her Hei/s or Surressors, in pursuance of this Ordinance, may be made and executed by the Receiver General of the Province, or the Secretary and Registrar of the Province, or the Inspector General of Her Majesty's Domain, or^ by any other person holding an office under the Government of Her Majesty, Her Heirs or Successors, in 'his Province, and hav- ing in his hanils, custody, or power, the title, doei', will, notarial 28 r try offices re- pealed. obligation, judgment, instrument, or writing, or a notarial or office copy thereof, or probate of such will, whereof a memorial is to be, and may be registered. And every memorial to be registered for and on l)ehalf of Her Majebty, Her Heirs or Successors, shall express and contain the name, office, and place of abode of the person by whom such memorial shall be made, the name, j)lace of abode, andaddition, of the debtor.or person against whom such me- morial is to be, and may be registered, the date and nature of the titIe,conveyance, instrument, written security, document or writir.g, to which such memorial shall relate, and therein menliotied, and the nature and amount (if the amount be ascertained) of the (lel)t, right, claim, demand, or liability, for and in respect of which such memorial is to be, and may be registered. The Acts 10 & LHI. And be it further Ordained and Enacted, that a certain U G. 4, c 8, \qi of the Legislature of this Province, made and passed in the d4 W 4'c Session held in the tenth and elevetith years of the reign of His 5 cstablishiiio- late Majesty King George the Fourth, iiilitiiled, " An Act to es- county regis- tablisli Registry Offices in ihe Cnuuties of Drummoml, Sher- brooke, Stanstead, and Missiskoui," and also a certain other Act of the same Legislature, made and passed in the first year of the Reign of His late Majesty King William the Fourth, intituled, " An Act to amend an Act passed in tlie eleventh year of the Reign of His late Majesty, intituled, ' An Act to establish Regis- try Offices in the Counties of Drummond, Sherbrooke, Stanstead, Shelfijrd, and Missiskoui, and to extend the provisions of the said Act,' " and also a certain other Act of the same Legislature, made and passed in the fourdi year of the Reign of His late Majesty King William the Fourth, intituled, " An Act to extend the pro- visions of the Act to establish Registry Olfices in the Counties of Diummond, Sherbrooke, Sheffiird and Missiskoui, to lands held The repeal of ji^ r|,^g j^ji^j common soccage, in the Counties of the Lake of said acts not to . „■> ht . • 1 i i- « 1 n r 1 r 1 1 invalidate any ^''^ i wo Mountains and Lacadie, shall, Irom and alter the day thing done on which this Ordinance shall come into force and effect, be, and previously to t|,e sit.ne are hereby rei)ealed. Provided always, and be it fur- Buch repeal. ^^^^^^ Ordained and Enacted, that the repeal of the said three last mcnlioncil Acts ol' the Legislature of this Province, as aforesaid, shall not invalidate any Act, matter, or thing done previously to puch repeal, nor alter, impair, or affect any title or right acquired inuler the provisions of the said Acts, or any of them ; but every such Act, matter, and thing, title anil riuht, shall have the same Wljcre the re- force and elTect as if this Ordinance had not been made. And gisUTs, Jkc. provideii also, and be it further Ordained and Enacted, that all anil every the Registers, books, indexes, records, tlocuments, and papers, appertaining to the Comity Registry Offices, estnblislied under and iti pursuance of the said three Acts of the Legislature appcrtainnrj; l(» «aid olfirrs are to hf de- posited. of this Provinct', shall be transmitted by the County Registrars of the said County Ollires, respectively, or the persons who now hold ilie said oiTices, into the Registry Office for the District with- in v\hi<'h Fuch County R<>gifltry Offices', as aforesaid, shall res- pectively he situated, there to remain and make part of the re- 29 sof leld of day nnd fiir- last said, y to uircd very a me And at all and islied at lire us of tlDVV with- rcR- (0 re- One unirorm set of books to be furnished cords of such District Registry Office, in the custudy of the Re- gis^trar thereof, for the time being. And provided also, and be Every registry it further Ordained and Enacted, that every registry, at full length, of deeds, &c., of deeds, conveyances, contracts of marriage, wills, and writing.^, Acts to have or of any clause or part thereof, in the County Registry Offices, the same aforesaid, in pursuance of the said last mentioned three Acts of effect as if the Legislature of this Province, or any of them, shall be deemed !'J^''™°f ? j and adjudged to be the entry of a memorial thereof, pursuant to j^^g^ entered this Ordinance, and shall have the same effect upon the estates in a district therein mentioned, in relation to all subsequent deeds, conveyan- registry office, ces, contracts of marriage, wills, and writings and to all other in- tents and purposes, as if a memorial of any such deed, convey- ance, contract of marriage, will, or vvriting,or of any such clause, or part thereof, had been entered in a District Registry Office, pursuant to this Ordinance, and the certificate signed and indor- sed on such deeds, conveyances, wills, and writings, registered at full length, shall be taken and allowed as evidence of such regis- tries, in all Courts of Justice whatsoever. LIV. And with a view to the use of a uniform set of books, in the several Regii^try Offices in this Province, be it further Or- dained and Enacted, that it shall be incumbent on the Secretary each registry and Registrar of this Province, under such directions in this be- office, at the half as he may receive from the Governor of this Province, to ^^'^^P^'*'® provide for, and transmit to, each of the Registry Offices, to be '^**""*^*' established in pursuance of this Ordinance, on or before the day on which this Ordinance shall come into force and effect, a uni- form set of books, to be used in each of the said offices, respec- tively, as a register, indexes, and minute or day-book, the cost of which books shall be defrayed out of any unappropriated monies in the hands of the Receiver General of this Province ; and like books, when required, shall from time to time, be provided by the said Registrars, respectively, for their respective offices, at their own expence. LV. And be it further Ordained and Enacted, that it shall be JJl^J^'^^^o^JJ lawful for the Governor of this Province, by warrant under his yjgitcd by a hand and seal, from time to ecially pleaded. I 31 SCHEDULES. SCHEDULE No. I, EEFERRED TO IN THE FOREGOING ORDINANCE. OATHS TO BE TAKEN BY REGISTRARS AND DEPUTY REGIS- TRARS OF DISTRICTS. 1. — Oath of Allegiance. I, A. B., do sincerely promise and swear, that I will be faith- ful, and bear true allegiance to Her Majesty Queen Victoria. — So help me God. 2. — Oath of Office to be taken by Registrars and Deputy Registrars, I, A. B., Registrar (or Deputy Registrar, as the case may be,) for the District of do solemnly swear, that I will truly, honestly, and faithfully perform and execute the office of Registrar (or Deputy Registrar, as the case may be,) for the District of and all and every the du- ties enjoined and required to be done and performed by me, as such Registrar, (or Deputy Registrar,) in and by an Ordinance of the Legislature of this Province, made and passed by the Gover- nor of this Province, by and with the advice and consent of the Special Council for the affairs thereof, inlituled, " An Ordinance to prescribe and regulate the registering of titles to lands, tene- ments, and hereditaments, real or immoveable estates, and of charges and incumbrances on the same ; and for the alteration and improvement of the law, in certain particulars, in relation to the alienation and hypotliecfition of real estates, and the rights and ititerest acquired therein,'' ho b^ng as I shall continue in the said office ; and that I have not given or promised, directly or in- directly, nor !H!t!>.ori?.ed any person to give or promifse any money, gratuity, or reward whatsoever, for procuring or obtaining the said office for me. — So help me God. 32 SCHEDULE No. 1 1, REFERRED TO IN THE FOREGOING ORDINANCE. Condition of Recognizance to be entered into, by Registrars for Districts. Whereas the said A. B., hath been appointed Registrar for the Dislrict of in pursuance of an Ordinance or Law of this Province, made and passed by the Governor of this Province, by and with the advice and consent of the Special Council for the affairs thereof, in the fourth year of Her Majes- ty's Reign, intituledj " An Ordinance to prescriije and regulate the registering of titles to lands, tenements, and hereditaments, real and immoveable estates, and of charges and incumbrances on the same ; and for the alteration and improvement of the law in certain particulars, in relation to the alienation and hypothe- cation of real estates, and the rights and interest acquired there- in ;" Now, the condition of this Recognizance is such, that if the said A. B., do and shall well and truly, honestly and faith- full) execute the said office, and perform and fulfil all and every the said duties enjoined and ^required to be done and performed by him, as such Registrar, in and by the said Ordinance or Law, in all things therein mentioned, then this Recognizance to be void and of no effect ; otherwise, to be and remain in full force and virtue. |{ SCHEDULE No HI, REFKRREU TO IN THE FOREGOING ORDINANCE. Form of a Deed of Bargain and Sale, executed before Witnesses. This Indenture, made the day of &,c., between A. B., of Sec, of the one part, and C. D. of &c. of the other part, wit- nesseth — That, for and in consideration of the sum of current money of the Province of Lower Canada, to the said A. B , in hand paid by the said C. D., at or before the execution of these presents, (the receipt whereof is hereby acknowledged by the said A. B.,) he, the said A. B., hath granted, bargained, solil and confirmed, and by these pre- sents doth grant, bargain, sell and confirm, unto the said C. D., his heirs and assigns forever, all tliat certain lot of land, &c. {"Insert here a description of the property sold] ; To have and to lold the said lot of land and prcmiises, hereinbefore granted, bar- 33 gained and sold, or intended so to be, with their and every of their appurtenances, unto, and to the use of the said C. D., hia heirs and assigns for ever. In witness, &c. A. B. [L. S C. D. [L. S Signed, Sealed and Delivered, in the presence of E. F. G. H. :] SCHEDULE, No. IV, REFERRED TO IN THE FOREGOING ORDINANCE. FORMS OF MEMORIALS AND CERTIFICATES OF DISCHARGE. 1(1, txo. and to d, bar- 1. — Memorial of a Deed of Bargain and Sale, executed before Witnesses. A Memorial to be registered of a Deed of Bargain and Sale, bearing date the day of in the year of Our Lord made between A. B. of in the District of Esquire, of the one part ; and C. D. of &c, of the other part, [a full description of the parties to be inserted, as in the Deed,] by which said Deed of Bargain and Sale, the said A. B., for the considerations therein expressed, did grant, bargain, sell, and confirm to the said C. D., his heirs and assigns, all that &c., [insert a description of the property sold,] to hold to the said C. D., his heirs and assigns for ever ; which said Deed of Bargain and Sale, now to be registered is witnessed, &c., [specify here the names of the witnesses to the execution of the Deed,] and the same Deed is recpiirrd to be so registered by tlio said C. D. : as wit- ness his hand, this day of, &c. Signed in the presence of J. K. L. M. C. D. '2. — Memorial of a Deed (f Bargain and S'tt/c, /ti/ iC'/i/ (f Moil- gage, biforc Wilnascs. A Memorinl to bo registered of a Deed of Bargain and SmIc, day (»r in the year of om- Lord made belwcoii A. B., of ueariML!; dulo llie 34 Stc, of the one part, and C. D., of &c., of the other part, by which said Deed of Bargain and Sale, the said A. B., did grant, bargain, sell, and confirm unto the said C. D., his heirs and as- signs, all that &c. [Here insert a description of the mortgaged premises,] to hold to said C. D., his heirs and assigns for ever ; subject, nevertheless, to redemption, upon payment to the said C. D., his heirs, executors, curators, administrators, or assigns, of the sum of pounds, and lawful interest, as in the saiil DeeJ of Bargain and Sale^ now to be re- gistered, is expressed ; which said Deed of Bargain and Sale is witnessed, — as to the execution thereof by the s^id A. B., by J. D. of, &c. and E. G. of. &.c. — and as to the execution thereof by the said C. D. by, &c. ; and ihe same Deed is hereby requir- ed to be registered by the said CD.: as witness his hand, this day of, &c. CD. Signed in the presence of E. F. G. H. i 3. — Memorial of an Onerovs Deed of Gift inter vivos. A memorial to be registered of a Notarial Copy of a Deed of Gift inter vivos, bearing date at the day of in the year of our Lo:d made between A. B. of, &c. and C D. his wife, oy him in tiiis behalf duly authorized, of the one part, and E. F. of, &c. of the other part, [a full description of the parties to be inserted, as in the Deed,] before G. H. Public Notary, and witnesses, [or lit-iore J. K. and another, Public Notaries, as the case may be,] by which said Deed of Gift, the said A. B. and C. D. his wife, did give, grant and confirm unto the said E. F. his heirs and assigns, all that, &c. [insert a description of the property conveyed by the Deed of Gift.] to hold to the said E. F. his heirs and assigns for ever ; suliject, nevertheless, to a certain life-rent, consisting of, &c. [Here insert the particulars of which the life-rent is com- posed,] which said life-rent is payable by the said E. F. to the said A. B. and C. D. his wife, each and every year during the term oftiieir natural lives, as in the said Deed of Giftj^/cr vivos^ now to be registered, is expressed. Atul the said Deed of Gift is hereby recjuired to be registered by the said E. F. : As witness his hand, this day of Sec. E. F. SltiiM^d in the presence of) N. W ) i ( 35 4. — Memorial of a Will, or of a Probatef or an Office Copy, or a JVotarial Copy thereof, A Memorial to be registered of the Probate [or the original Will, or an Office or Notarial Copy, as the case may be,] of the last Will and Testannent of G. H. late of in the County of in the District of bearing date, &c., by which Will the said Testator did give and devise unto, &c. [as in the Will,] to hold, &c. ; which said Will was executed by the said Testator, in the presence of A. B. of, &c., C. D. of, &c., and E. F. of, &c. ; and the Probate of the said Will, [or the Original, or an Office or Notarial Copy, as the case may be,] is hereby required to be registered by 0. P. one of the devisees therein named: as witness his hand, this day of 0. P. Signed in the presence of B. S. T. V. 5. — Memorial of a Jiotarial Obligation. A Memorial to be registered of a Notarial Copy of a Notarial Obligation, [or of the Original, if it be the Original,] bearing date the day of in the year of our Lord made and entered into by A. B. of, &c. before E. F. Public Notary, and witnesses, [or before G. H., and another. Public Notaries, if the case be so,] whereby the said A. B. owned himself to be indebted to C. D. of, &c. in the sum of pounds, to b<^ paid, &c. ; and for securing the payment of the said sum of money and interest, hypothecated all that, &c. [insert the description of the hypothecated premises, as contain- ed in the Notarial Obligation,] which said Notarial Copy of the said Notarial Obligation is hereby required to be registered by the said CD,: as witness his hand, this day of, &c. C. D. Signed in the presence of \ J. K. L. M. 6. — Memorial of the JJppointmcnt of a Tutor or Guardian to Minors, for the preservation of the Legal or Tacit Hypo- thec, resulting from such Jlppointment. A memorial to be registered of the Appointment of A. B. of, &c. [insert the place of abode and addition of the Tutor,] to be Tutor o; Guardian to C. D. E. F., &c., minors under the age of ^'ik- 36 twenty-one years, issue of the marriage of the late G. H. [the name of the father,] deceased, with the late J. K. [the name of the mother,] also deceased, which Appointment was made by and under the authority of L. M. [insert the name and descrip- tion of the Judge by whom the appointment has been made] at &c. [the place where the appointment was made,] on the day of in the year of our Lord and the said appointment_is hereby re- quired to be registered, for the preservation of the legal or tacit hypothec resulting therefrom, on all the real or immoveable es- tates of the said A. B., situated in the District of [the name of the District within whicii the registration is to be made,] by N. 0. of, &c. [insert the name and description of the person requiring the registration,] : as witness his hand, this day of, &c. N. 0. Signed in the presence of O. P. H. S« 7 — Memorial of a Judgment. A memorial to be registered of a Judgment in Her Majesty's Court of Common Pleas, in the Division thereof, being the Division held in the Territorial Division of of the Term of in the year of our Lord between A. B. of, &c. Plaintiff, and C. D. of, &c. Defendant, in a plea of Debt for pounds, with interest from, &c. and costs taxed at pounds ; which said judgment was rendered on the day of the said month of and is here- by required to be registered by the said A. B. : as witness his hand, this day of &c. A. B. Signed in the presence of J. F. T.P. 8 — Certificate of Discharge from a Judgment ^ whereof a Memorial has been Registered. To the Registrar of the District of I, A. B. of, &c. do hereby certify C. D. of, &c. hath paid and satisfied to me all such sum and sums of money as was, or were due and owing upon a judgment recovered in Her Majesty's Court of Common Pleas, in the Division thereof, beinor the Division held in the Territorial Division of of the term of in the year of our Lord for by me, the said A. B. against the said C. D. pounds, debt, and Lord CD. ^\' '• 37 pounds, costs, a Memorial whereof was registered on the clay of in the year of our Lord in Register B., No. And I do hereby require an entry of such payment and satisfaction to be made, in the Register wherein the same isregistercd,pursuant to the Ordinance or Law, in such case provided ; as witness my hand, this day of in the year of our Lord, &c. A. B. Signed, and satisfaction acknowledged, in the presence of J. K. of, &c. L. M. of, &c. 9. — J] Certificate to discharge a Mortgage, To the Registrar of the District of I, A. B. of, &.C. [the Mortgagee in the deed or his heirs, exe- cutors, curators, or administrators,] do hereby certify that CD. of, &c. hath paid and satisfied all such sum and sums of money, as was or were due and owing upon an Indenture of Mortgage, bearing date the day of in the year of our Lord made between the said C D. of the one part, and me, the said A, B., of the other part ; a Memorial whereof was registered on the day of in the year of our Lord in Register B., No and I do hereby require an entry of such payment and satisfaction to be made in the Regis- ter wherein the same is registered, pursuant to the Ordinance or Law in such case provided : as witness my hand, this day of in the year of our Lord A. B. Signed, and satisfaction acknowledged, in the presence of 0. P. of, &c. R. S. of, &c. 10.— ./2 Certificate to discharge a J^otarial Obligation^ and extinguish the hypothec thereby constituted. To the Registrar for the District of I, A. B. of, &c. [the hypothecary obligee or creditor, his heirs, executors, curators, or administrators] do hereby certify that C D. of &c. hath paid and satisfied all such sum and sums of money ,as was or were due and owing upon a Notarial Obligation, bearing date the day of in the year of our Lord made and entered into by the said C D., to me and in my favour, as the obligee therein named, before E. F. Public Notary and witnesses, [or before E. F. and another. Public Notaries, as the case may be] 38 whereof a memorial was registered, on the Jay of in the year of our Lord in Register B., No. And 1 do hereby require an entry of such payment and satisfaction, to be made in the Register wherein the same is registered, pursuant to the Ordi- nance or Law in rucIi case provided : as witness my hand,^this day of Lord in the year of our G. B. Signed, and satisfaction acknowledged, in the presence of J. K. of, &c. L. M. of, &c. \ SYDENHAM. Ordained and Enacted by the authority aforesaid, and pas- sed in Special Council, under the Great Seal of the Province, at the Government House, in the City of Montreal, the Ninth day of February, in the Fourth year of the Reign of Our Sovereign Lady Victoria, by the Grace of God, of Great Britain and Treland, Queen, Defender of the Faith, and so forth, and in the year of Our Lord, One Thousand Eight Hundred and Forty-One. By His Excellency's Command, W. B. LINDSAY, Clerk Special Council. fl PROVINCE OF CANADA. Province of Canada. R. D. JACKSON. VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, To all whom these presents shall come, or whom the same may concern, — Greeting : A PROCLAMATION. Know Ye, that His Excellency Sir Richard Downes Jackson, Knight Commander of the Most Honorable Military Order of the J^ath, Administrator of the Government of the Province of Canada, and Commander of Her Majesty's Forces in British North America, under and by virtue of a certain Ordinance of the Legislature of Our late Province of Lower Canada, passed in the fourth year of Our Reign, and inti- tuled, "An Ordinance to prescribe and regulate the rogistering "of titles to lands, tenements and hereditaments, real or im- " moveable estates, and of charges and incumbrances on the " same, and for the alteration and improvement of the Law, in " certain particulars, in relation to the alienation and hypotheca- " tion of real estates, and the rights and interests acquired " therein," and of a certain Act of the Parliament of Great Bri- tain and Ireland, passed in the Session held in the third and fourth years of Our Reign, and intituled " An Act to Ro-unite " the Provinces of Upper and Lower Canada, and for the Go- " vernment of Canada," with the advice of Our Executive Council of Our said Province of Canada, doth hereby fix and declare the thirty-first day of December, in the present year of Our Lord one thousand eight hundred and forty-one, to be the day from and after which the said Ordinance shall have force and dVoct ; and doth further divide the said late Province of Lower Canaila into Districts, for all the purposes of the snid Ordinance, and doth appoint the places at which Registry OtVices shall be kept for the purposes of the said Ordinance in the manner following, that is to say : Ho doth appoint ami de- clare that tho Municipal District of Quebec, together with the City and Town of (iui'hcc, an by Law incorporated, shall, from iuid iilior tlio Huid lawi-menti(tne(i day> lorm and i)e n District for all the piH'poses of the said Ordinance, to lie called the DistricV 10 I ^1 of Quebec ; and that a Registry Office shall, from and after the said last-mentioned day, be kept in the said City of Quebec, in and for the said last-mentioned District: And doth further appoint and declare that the Municipal Dis- trict of Pt)rtiieuf, shall, from and after the said last mentioned day,' form and be a District, for all the purposes of the said Ordinance, to be called the District of Portneuf; and that a Registry Office shall, from and after the said last mentioned day, be kept at Des- chambault, in and for the said last mentioned District. And doth further appoint and declare that the Municipal Dis- trict of Saguenay, shall, from and after the said last mentioned day, form and be a District for all the purposes of the said Ordl- narice, to he called t!ie District of Saguenay ; and that a Regis- try Office, shall, from and after the said last mentioned day, be kept at Malhaie, in and for the said last mentioned District. And doth further appoint and declare that the INIunicipal Dis- trict of Rimouski, shall, from and after the said last mentioned day, form and be a District for all the purposes of the said Ordinance, to be called the District of Rimouski ; and that a Registry Otfice, t-hall, from and after the said last mentioned day, be kept at Ri- mouski, in and for the said last mentioned District. And doth further appoint and declare that the Municipal Dis- trict of Kamouraska, shall, from and after the said last mentioned day, form and be a District for all the i)urposes of the said Ordinance, to be called the District of Kamouraska, and that a Registry Of- fice, shall, from ami after the said last mentioned day, be kept at Kamouraska, in and for the said last mentioned District. And doth further appoint and declare that the Municipal Dis- trict of St. Thomas, shall, from and after the said last mentioned day, form and be a District for all the jnu'poses of the said Ordi- nance, to he called the District of St. Thomas ; and that a Regis- try Olliee shall, from and after the said Inst nioiilioiird day, be kept at St. Thomas, in and for the said last mentioned J)Istrict. And doth further ajipi liit and declare that the Mii ii('ii>al Dis- trict of Dorchester, shidi, iVoin ai\d alter the .-aid last mentioned day, form and be a District, for all the purposes of the said Onli- nanco, to he calleil the District of Dorchester ; and that a Re- [{istry Ollire, shall, from aiul after the saiil last mentioned d!\y,be kept at Si. Mchohis, in aiul fur the said last mentioned District. And doth further appoint and ileclare that the Municipal J)is- trict of ("haiidiere, shall, from and nller the saiti last mentioned day, form and be a Pi^ti u-i I'm' all the pmjioses of tJie said Ordi- nance, to be called the Dislilct i^( Chaiuli^re ; and that a Ri>t;is' try Olliee, shall, fnin andalier the said last mentioned ilay,be kept at Leeds, in and for the said last mentioned District. And dolh fui'lher ap|Hiinl and doclaro that the Municipid Dis' trict ol'Nicolel, sli!ill,lVom ami ;ificr the saiil last inei.lioncd day, form nrul be a District for all the ptuposi-s of the said Ordinance, to he ciiljed the i.Msirict of jNici-iel ; and that a Registry Ollico, \ 41 in Dis- iitioiied 1 Oitli- a Ke- (lny,bo )is1rirt. Dis- iitiorunl I Ordi- shalljfrom and after the said last mentioned day,be kept at Drum- mondville, in and for the said last mentioned District. And doth furtlier appoint and declare that the Municipal Dis- trict of Sherbrooke, shall, from and after the said last mentioned day, form and be a District for all the purposes of the said Ordi- nance, to bo called the District of Sherbrooke ; and that a Hegis- try Ollice, shall, froiri and alter the said last mentioned day, be kept at the Town of Sherbrooke, in and for the said last mentioned District. And doth Anther ajipoint arid declare that the Municipal Dis- trict of Missisquoi, shall, from and after the said last mentioned day, form and be a District for all the purposes of the s^aid Ordi- nance, to be called the District of Missisquoi ; and that a Regis- try Ollice, shall, from and after the said last mentioned day, be kept at Nclsonville, m and for the said last mentioned District. And doth further appoint and declare that the Municipal Dis- trict of Richelieu shall, from and after the said lust mentioned day, form and be a District, for all the purposes of the said Ordi- nance, to be called the District of Richelieu; and that a Registry Office, shall, from ami alter the said last mentioned day, be kept at St. Charles, in and ibr the said last mentioned District. And doth further appoint and declare that the Municipal Dis- trict of St. Hyacinthe, shall, from and after the said last mention- ed day, form and be a District for all the purposes of the said Or- dinance, to be called the District of St. Hyacinthe ; and that a Registry Office, shall, from and after the said last mentioned day, be kept at St. Hyacinthe, in and for the said last mentioned Dis- trict. And doth further appoint and declare that the Municipal Dis- trict of Saint Johns, shall, from and after the said laist mentioned day, form and bo a District for all the purposes of the said Ordi- nance, to he called the District of St. Johns ; and that a Regis- try Ollice, shall, from and after the said last mentioned day, be kept at the Town of Dorchester, commonly called Saint Johns, in and for the said last mentioned District. And doth further ajipoint and declare that the Municipal Dis- trict of Heauharnois, shall from and after the said last-mentioned day, form and i)0 a District for all the purposes of the said Ordin- ance, to bo called the District of Reatiliarnois ; and that a Re- gistry Office shall, from and after the said last mentioned day, be kept at Durham, in and for the said last mentioned District. And doth further appoint and declare that the Municipal Dis- trict of Montreal, together widi the City and Town of Montreal, ns by Law incorporated, shall, from and after the said last men- tioned day, form and be a District for all the purposes of the said Ordinance, to he called iho Diitrict of Montreal ; and that a Re- gistry Ollice shall, from and after the said last menvioned day, ho kept at the (-ity of Montreal, in and for the said last men- tioned District. And doth further appoint anddcclnro that the Municipal Dis- 42 trict of Sydenham shall, from and after the said last mentioned day, form and be a District for all the purposes of the said Ordinance ; to be called the District of Sydenham, and that a Registry Olfice shall, from and after the said last mentioned day, be kept at Aylmer, in and for the said last mentioned District. And doth further api)oint and declare that the Municipal Dis- trict of the Lake of Two Mountains shall from and after the said last mentioned day, form and be a District, for all the purposes of the said Ordinance, to be called ihe District of the Lake of Two Mountains; and that a Registry Olfice shall, from and after the said last mentioned day, be ke;)t at St. Andrews, in and for the said last mentioned District. And doth further appoint and declare that the Municipal Dis- trict of Terrebonne shall, from atid after the said last mentioned day, form and be a District for all the purposes of the said Ordi- nance, to be called the District of Terr>jbonne ; and that a Re- gistry Olfice shall, from and after the said last mentioned day, be kept at Saint Thcrese, in and for the i^aid last mentioned District. And doth further appoint and declare that the Municipal Dis- trict of Leinster shall, from and after the said last mentioned day, form and be a District, for all the purposes of the said Ordi- nance, to be called the Disu'ict of Leinster, and that a Registry Olfice .-^hall, from and after the said last mentioned day, be kept at Saint Jac(|ues, in and i'ov the said last mentioned District. And (loth further appoint and declare that the Municipal Dis- trict of Herthier shall from and after the said last-mentioned day, form and be a District for all the |)urposes of the said Ordinance, to be called the District of 13erthier, and that a Registry OtRce shall, from and after the said last mentioned day, be kept at Saint Elizabeth, in the said last mentioned District. And doth fmllicr anpoint and declare that the Municipal Dis- trict ol' Three Jtivers shall, from and after the said last mentioned day, form and be a District for all the purposes of the said Ordi- nance, to 1)0 called the District of Three Rivers, and that a Re- gistry Ollir-o shall, from and after the said last mentioned day, be kept at the Town of Three Rivers, in and for tho said last men- tioned District. And doth furdier ap|)oint and declare that one of the Districts into which the said late Province of Lower Canada is hereby divided, for the purposes of the said Ordinance, shall be called the District of Gas|)6, and shall consist of and comprehend, and is hereby declared to consist of and comprehend tho County of Gaspe, as the same was erected, constituted, and described in and by a certiiin Act of the Parliament of our late Province of Lower Canaila, passed in the ninth year of the Reign of His late Majesty King (.leorgo the Fourth, and intituled " An Act to make " a new and more cor>venient subdivision of the Province into " Counties, for tho purposo of eifecting a more C(iual ropreBen- " talion ther(^)f in the Assembly than heretofore,'' together with the Island of Anticosti ; and that a Registry Oflicu siiall, from J J 43 and after the said last mentioned day, be kept at Perce, in and for the said last-mentioiieJ District, hereby constituted for the purposes of the said Ordinance. And doth further a|>point and declare that one other of the said Districts into wiiich our said late Province is hereby divided, for the purposes of the said Ordinance, shall be called the Dis- trict of Bonaventure, and shdil consist of and comprehend, and is liereby declared to consist of and comprehend, the County of Bonaventure, as the same was constituted, erected, and described in and by the aforesaid act of Parliament of our late Province of Lower Canada ; and that a Registry Office shall, from and after the said last mentioned day, be kept at New Carlisle, in and for the said last mentioned District, hereby constituted for the purposes of the said Ordinance, subject always to such changes as to the places where the said Registry Offices shall be respectively kept, as the Governor of our said Province may hereafter deem it ex- pedient to make under the provisions of the said Ordinance : Of all which our loving subjects, and all others whom the same may concern, are hereby required to take notice, and to govern themselves accordingly. In Testimony whereof. We have caused these Our Letters to I)c made Patent, and the Great Sed of Our said Province of Canada to be hereimto affixed. Witness, Our trusty and well-beloved Sir Richard Dcwnes Jackson, Knight Com- mander of the Most Honorable Military Order of the Bath, Administrator of the Government of our Prov" nee of Canada, and Commander of Our Forces in Brilish North America, at Our Cover ,iment House, in Our Town of Kingston, in Our said Province of Canada, the eighteenth day of December, in the year of Our Lord, one thousand eight hundred and forty-one, and in tlie fifth year of Our Reign. R. D. J. D. DALY, Secretary of t/ie Province,