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THK 
 
 LAW AND PRACTICE 
 
 rWDRTJ THK Af'T FOi; 
 
 QUIETING TITLES 
 
 TO 
 
 REAL E S T A T 1^ 
 
 i\" 
 
 UPPER CANADA. 
 
 BY 
 
 KOBEPT .1. TIRNER, ESQ., 
 
 I S T K I! - A T -LA VV . ){ K K K li K K O F I I T I- K ;^. 
 
 f\ 
 
 TOlK)NT0 : 
 ADAM, S'lEA^ENSON <t CO., 
 
 I-AAV PUBLISHKRS, 
 
 1807. . 
 
ti 
 
 
 ICtbrarg 
 
 KINGSTON, ONTARIO 
 
 1 
 
J 
 
 1 
 
 i 
 
THE 
 
 LAW AND PRACTICE 
 
 UNDER THE ACT FOR 
 
 QUIETING TITLES 
 
 TO 
 
 R V. A L E STAT E 
 
 IX 
 
 UPPER CANADA. 
 
 BY 
 
 ROBERT J. TURNER, ESQ., 
 
 BARRISTER-AT-LAW, REPEREK OP TITLES. 
 
 TORONTO : 
 ADAM, STEVENSON <fe CO., 
 
 LAW PUBLISHERS, 
 
 1867. 
 
IP 
 
 K .196 
 
 TOEONTO : 
 
 PRIJ?TED BY LOVELL A GIBSON, 
 
 YONGH STREET. 
 
THE 
 
 LAW AND PRACTICE 
 
 UNDEB THB ACT POB 
 
 IN UPPER CANADA. 
 
 The Judges of the Court of Chancery having deemed 
 it advisable, for the purpose of enabling the public more 
 conveniently and more extensively to avail themselves 
 of the benefit of the " Act for the Quieting Titles to 
 Beal Estate in Upper Canada," to appoint the several 
 Deputy Masters of the Court Referees of Title, it has 
 struck me that it would be useful to the profession and 
 to the several Masters, who, by the orders now about to 
 be issued, will be called upon to assist in carrying it into 
 eflFect, to offer to them the following little treatise upon 
 the steps to be taken in obtaining from the Court the 
 Deed or Certificate, which will effectually ratify the 
 Title and render it bb sound and perfect as the original 
 Letters Patent, by which the land is granted by the 
 Crown. 
 
 I have appended the several forms which, the practice 
 having fallen to me as entirely new with no precedents 
 to guide me, I framed on my first appointment as Re- 
 feree, and to which where necessary I have appended 
 notes to guide the profession, as being less troublesome 
 by way of reference and more likely to draw their atten- 
 tion than by making the necessary requisitions part of 
 
 96947 
 
LAW AND PRACTICE UNDER THE ACT FOR 
 
 the Text, merely sliortly stating tlicrein the duties of 
 the Solicitor, and impressing upon him the necessity of 
 extreme caution in complying with the several forms, not 
 only as a means of saving expense to his client, but of 
 lessening his own labour and that of tlie Rei'ereo, on 
 whom will devolve the care of investigating his deeds 
 and testing the facts which he may adduce in proof of 
 the Title. 
 
 Before the first step, the presentation of the petition, 
 be taken, it behoves the Solicitor carefully and thoroughly 
 to investigate the Title and the proofs which can be 
 adduced in support of it, and if on such investigation 
 he should discover an insurmountable defect, or that 
 the proofs of the Title on anj^ material point should be 
 unattainable, he should, on no account, allow the peti- 
 tion to be presented, as the registration of the petition, 
 required by the Act, unfollowed by a certificate, may 
 create a cloud on the Title. 
 
 The Title having been investigated by the Solicitor, 
 and found to be perfect, or that it is capable of being 
 made so, the Solicitor may prepare the petition, the 
 form of which is set forth in the Act, and should be 
 strictly observed, and be varied only as demanded by 
 the particular circumstances of the case; and here I 
 may remark, that, hitherto, in many instances, the pro- 
 fession have not been sufficiently careful to state the 
 incumbrances affecting the property, or such of them as 
 are not intended to be removed, particularly mortgages, 
 dowers of widows, tenancy by the curtesy, and any other 
 charges existing at the time of the presentation of the 
 petition. And great particularity is required on this 
 head, lest it may happen that from the omission in the 
 petition of the facts relating to a mortgage on the es- 
 tate, the Certificate may be granted subject to the 
 
 \ 
 
M 
 
 QUIETING TITLES TO REAL ESTATE IN U. C. 5 
 
 mortgago, where the only object of the petition may be 
 to declare the title free from it, it having been discharged 
 under circumstances which rendered it impossible to 
 obtain a reconveyance of the estate, or a statutable dis- 
 charge of the mortgage. 
 
 This petition is sent or delivered to the Inspector to 
 be entered, if the reference be to a local Master ; it is 
 then filed with the llegistrar, and he will transmit it to 
 the Referee. 
 
 The particulars required to establish the title are 
 then completed by the Solicitor, and when completed, 
 and not before, are to be delivered to tht; local Master, 
 or other Referee. There is no use whatever in sending 
 or delivering some, before all are ready 
 
 With this view, after the petition is fihd with the 
 Registrar : 
 
 The new Orders point out the steps to be taken on 
 the filing of the petition ; and on perusing the forn^ of 
 the petition (Form No. 1), with the notes attached to 
 it, the Solicitor will find ample instructions on the 
 course to be pursued previous to his taking proceedings. 
 
 The next step is the preparation of the afiidavit of 
 the petitioner, to accompany the petition. 
 
 In this the petitioner must verify the several facts 
 stated in his petition, and he must also state that the 
 several deeds and evidences of title which he produces, 
 and of which a schedule is to be annexed to the affidavit, 
 are all the deeds and evidences of title affecting the 
 land in question, in his custody, possession, or power; 
 and he must state, if within his knowledge, where and 
 in whose possession any other deeds, papers, or writings 
 may be ; and if he cannot do so, he must state that he 
 has made or caused enquiry to be made, and of whom, 
 where they may be. The affidavit should also set forth 
 
6 
 
 LAW AND PRACTICE UNDER THE ACT FOR 
 
 the several facts referred to in the Form No. 2, here- 
 unto appended. 
 
 The Solicitor should next give his own certificate 
 that he has investigated tL<3 title, and that he has con- 
 versed with the petitioner upon the subject of it, and of 
 his, the petitioner's, affidavit; thit he believes the affi- 
 davit to be true, and the title to be as stated therein. 
 
 The Solicitor must also obtain the necessary affidavits, 
 proving possession of the land to have gone with the 
 ownership, as stated in the deeds, the heirship of parties 
 claiming by descent, the deaths of parties who would be 
 entitled to dower, or tenancy by the curtesy, that the 
 land is not chargeable with crown debts, except such, 
 if any, as are mentioned in the affidavit. 
 
 (Forms of these several affidavits are hereinafter set 
 forth). 
 
 Having all his proofs prepared, the Solicitor is then, 
 and not be/ore, to carry them to the Referee of Titles, 
 with such other papers as are required by section 5 of 
 the Statute. 
 
 All the title deeds, if any, evidences of title relating 
 to the land, that are in the possession or power of the 
 petitioner. 
 
 A certified copy of the memorials of all other Regis- 
 tered instruments affecting the title, up to the time of 
 registering the certificate of the petition above men- 
 tioned (these certified copies must include the affidavits 
 of execution, filed on the registration of the several 
 memorials), and where, from the description of the 
 property, the Registrar is unable to certify that such 
 memorials are all that affect the land, the Referee should 
 require that a Surveyor, or the Solicitor if he feel him- 
 self duly qualified, should examine the property, and, 
 after examining the Register, he should make an affida- 
 
QUIETING TITLES TO REAL ESTATE IN U. C. 7 
 
 vit that the memorials produced are all that affect the 
 land. 
 
 A list by the Registrar of all deeds and instruments 
 affecting the lands which have been registered, including 
 any Bills or proceedings in Chancery, or in any County 
 Court, on its equity side, if any such be registered, and 
 also including the certificate as to the petition to quiet 
 the title. 
 
 A concise statement of such facts as are necessary to 
 make out the title, and which do not appear in the 
 documents produced, must be brought in, but no ab- 
 stract of title will be required unless on special grounds. 
 
 Among the facts last above mentioned, the following 
 will be necessary in every case : 
 
 That all taxes theretofore assessed on the lot have 
 been paid and satisfied, up to the first day of January 
 next preceding the filing of the petition ; 
 
 That there are no executions in the Sheriff's office 
 against any person having an interest in the land ; 
 
 That the land has not been sold by the Sheriff for 
 taxes, within eighteen months preceding the filing of the 
 petition, or under execution within six months previous 
 thereto ; 
 
 Proofs of any facts requiring proof to make out the 
 title, unless dispensed with until a later stage of the 
 investigation (among these proofs will be the facts set 
 forth in the concise statement). 
 
 The following general observations will, I feel, be 
 useful to all parties, whether Solicitors, Referees, or 
 Inspectors, and be the means of saving labour, and pre- 
 venting loss of time. 
 
 When the deeds are lost or cannot be produced, the 
 same evidence is required of their loss and contents as 
 is requisite on a trial at law, or in a suit in Chancery, 
 to let in secondary evidence. 
 
8 
 
 LAW AND PRACTICE UNDER THE ACT FOR 
 
 Every affidavit to be used in evidence where the 
 deponent speaks as to his knowledge and belief, should 
 state whence his knowledge is derived. 
 
 Where the title is derived through a Sheriff's Sale 
 on execution, the affidavit should give the volume and 
 page of the Canada Gazette in which the advertisements 
 appear, and the names and dates of the local newspapers 
 in which they were inserted ; and where it is derived 
 through a Sheriff's Sale for Taxes, the affidavit must 
 shew that all the requirements of the Consolidated 
 Statute of Uppei Canada, 22 Vic, cap. 25, sections 
 125 to 131, pp. 675, 676, have been strictly complied 
 with. In such case, the Referee need not require the 
 production of the Treasurer's Warrant, but he may be 
 satisfied with the affidavit of a competent person who 
 has examined it, and who states sufficient to satisfy the 
 Referee that it was in full compliance with the Statute. 
 
 With respect to the Crown debts, they are to be 
 ascertained by search in the office of the Clerk of the 
 Crown in Toronto, and the affidavit must shew that 
 the present owner is not, and that none of the persons 
 (naming them) who had previously been interested in 
 the land, were, while so interested, debtors to the Crown, 
 and must state what Crown debts, if any, affect the pro- 
 perty. 
 
 The form of this affidavit (see Appendix) must be 
 strictly complied with. 
 
 Any party possessing information necessary for the 
 applicant, and unwilling to make affidavit, may be served 
 with a subpoena ad test, and be examined vivd voce by 
 the Referee. 
 
 It will save time, trouble, and expense, when the 
 Solicitor sees, and he is required in all cases to do so, 
 that all the requisite proofs are complete in the first 
 
 ■4' 
 
QUIETING TITLES TO REAL ESTATE IN U. C. 
 
 ^> 
 
 '^■' 
 
 instance ; but if through oversight any thing should be 
 omitted or defective, an opportunity of supplying it 
 should be afforded by the Referee. 
 
 With respect to the evidence, it may, as a general 
 rule, be observed that it must include as well what is 
 necessary to be produced by a vendor to a purchaser, 
 on a strict investigation of title, as what a purchaser's 
 Solicitor should satisfy himself of by search and enquiry 
 according to the principles laid down for these purposes 
 in the English books on Conveyancing, which ar« here- 
 after referred to under the head of " Proofs." 
 
 As a general rule, where there is ground for doubt 
 as to whether some person other than the petitioner 
 may not in some way be interested or entitled, notice 
 should be given to such person ; and so, also, where the 
 title is not a clear paper title, proved by production of 
 the original instruments, as in Court. 
 
 Thus, if the applicant's title rest on the Statute of 
 Limitations, notice should be given to the party said to 
 be barred, as the effect of the Statute may be defeated 
 by acknowledgment of title or otherwise. 
 
 So, also, in case secondary evidence be given by the 
 memorial and proof of execution, and the memorial is 
 not in full, and not signed by the grantor, notice should 
 be given to the grantee. 
 
 Considering also the difficulty as to sales for taxes, 
 notice should be given to the person who but for the 
 sale would have been owner, and the same in cases of 
 execution. So, also, as a ge:;eral rule, where there is a 
 conveyance from a person on registry, through whom 
 the applicant does not claim, and who on the rcigistry 
 has no apparent title, notice should be given to the 
 grantee. 
 
 As to notice, however, the Referee must exercise his 
 
10 
 
 LAW AND PRACTICE UNDER THE ACT TOR 
 
 judgment, avoiding, on the one hand, unnecessary ex- 
 pense to the applicant, and on the other, the doing 
 injustice to some person possibly entitled. 
 
 Where the Referee finds that a good title is shewn, 
 and can be verified, he may issue the advertisement for 
 publication in the Gazette and the local newspapers, 
 (see Appendix), and may direct notice to be served 
 on any persons whom, from the state of the title, he 
 may think it expedient to notify (see Appendix). 
 
 The Referee, being satisfied with the title shewn, is 
 to transmit the papers, with his signature approving the 
 title, to the Inspector whose name is endorsed on the 
 petition, who is to peruse the several papers, and con- 
 sider the efiect of the same, and any accompanying 
 observations which the Referee may deem it advisable 
 to make upon them ; and if the Inspector concurs with 
 the Referee that a good title has been proved, he will 
 obtain the sanction of the Judge, and the certificate 
 will be prepared by him and delivered to the Registrar 
 of the Court, that it may be entered, and by him for- 
 warded, after entry, to the Solicitor for the petitioner, 
 the fees for such entry having been first duly paid ; but 
 should the Inspector not concur in opinion with the 
 Referee that a good title has been made, or thac certain 
 requisites still remain to be supplied, the Inspector will 
 communicate fully with the Referee or the Solicitor, 
 and the certificate will be withheld until those requi- 
 sites be supplied, or until it is ascertained that the title 
 cannot be perfected, when the Inspector will commu- 
 nicate his decision, or file a report or certificate that the 
 certificate of title is refused. 
 
 These observations apply to titles where there is no 
 counter claim, and the title is not disputed. 
 
 The contestant having filed an adverse claim, verified 
 
 «^ 
 
 ■f.'" 
 
QtlEitlNa tITLES TO REAL ESTATE IN U. C. IJ 
 
 i 
 
 A 
 
 'J' 
 
 by affidavit, and complied with the requisitions in the 
 19th and 20th sections of the Statute, the petitioner, 
 if the contestant do not take an appointment from the 
 Referee to proceed thereon, should obtain a warrant 
 from the Referee, entitled, " In the matter of lot — , &c. 
 Between A. B., claimant, and C. D., contestant," and 
 which is to be underwritten, " at which time the Master 
 will lay down the course of proceeding, and appoint, a 
 day for the claimant to proceed in the consideration of 
 his title, and for the contestant at the same time to 
 bring in and proceed upon his objections thereto." 
 
 At the day named for the purpose, the necessary 
 evidence is to be given, and the questions between the 
 parties argued as at Nisi Prius, or on a hearing by a 
 Judge in Equity, on circuit. Partial descriptions, or 
 the allowing evidence to be given piecemeal, are by all 
 means to be avoided, as causing delay, expense, and 
 trouble, and as being contrary to the whole spirit of the 
 Act ; one hearing should .be sufficient in every case. 
 
 The Masters have the same power in proceeding 
 under the Act as in all other matters. 
 
 On receiving the Referee's finding, the Inspector will 
 prepare a report to the Court, finding that the title is 
 either good or the reverse, shortly stating the points 
 which arose upon it, and giving his opinion that the 
 certificate should or should not be granted, as the case 
 may be. 
 
 This report becomes confirmed in fourteen days, if 
 not appealed against, and the Inspector then proceeds to 
 take the judgment of the Judge upon the title, and 
 the certificate is either granted, or the refusal of the 
 Referee to grant it stands confirmed. 
 
 If, however, the defeated party choose to appeal, the 
 appeal is heard in the same Way as an appeal against 
 
12 
 
 LAW AND i?RACTICE UNDER iTHE ACT FOR 
 
 s» , 
 
 
 the Master's report, in proceedings in Equity, and the 
 decision of the Judges may be appealed against and 
 carried to the Court of Appeal. 
 
 I have subjoined for the use of the Keferees an analy- 
 sis of a simple title, being the manner in which I bring 
 .the title concisely under my eye — a plan which I find 
 very useful, and which I first saw when a pupil in the 
 chambers of an eminent English conveyancer, and have 
 always used in a long course of practice. It is more 
 condensed than in England, from the fact that in Eng- 
 lish titles there are almost invariably complications 
 arising from terms and trusts, seldom in use in this 
 country. 
 
 When the Master has investigated the title, and has 
 satisfied himself fully thereon, he should send a memo- 
 randum of his finding to the petitioner or his Solicitor. 
 And I have prepared a form, No. — , shewing the 
 nature of such memorandum. 
 
 I have subjoined the letter addressed by the Hon. Mr. 
 V. C. Mowat to the then, and still, Attorney-General, 
 Sir John A. Macdonald, in which the learned Judge 
 has shewn the object of the Act, and the advantages to 
 be derived by a good and careful administration of it. 
 The loose system of conveyancing which prevailed in 
 the Province until lately, and the effects of which are 
 now beginning to be felt, has left many titles to large 
 properties so unsound as materially to diminish their 
 value, and it required a strong and effective measure to 
 correct the errors which have crept in, and to render 
 property, as it ought to be, as easily transferrable as 
 any article of trade. A certificate of title granted under 
 the Statute will have this effect ; and any party availing 
 himself of it, and his family succeeding him, will have 
 
 I 
 
 ^1 
 
 ilii 
 
QtTIETING TITLES TO REAL ESTATE IN t. C. 13 
 
 i 
 
 reason to feel grateful to its author, for a substantial 
 benefit placed within his reach. 
 
 It will be a source of much satisfaction to me if the 
 few and scanty remarks I have made should be servic- 
 able to the profession, and be the means of making the 
 practice under an Act so highly, beneficial to the land- 
 holders of the province, easily to bo understood, and the 
 advantages of the Act as easily to be obtained. 
 
 f 
 
 ^1 
 
A LETTER ON THE BILL FOR QUIETING 
 TITLES TO REAL ESTATE IN UPPER 
 
 CANADA, ADDRESSED TO THE HON. JOHN 
 
 A. MACDONALD, attorney-general for 
 
 UPPER CANADA, BY THE HON. OLIVER 
 MOWAT, LATELY M.P.P. FOR SOUTH ONTARIO. 
 
 The leading objects of the Bill are to give greater 
 certainty to Titles ; to facilitate the proof of them ; to 
 expedite transfers , and generally to render dealing 
 with real property more simple and less expensive. 
 Everybody is interested in these important objects, for 
 everybody either owns property now, or hopes to do so 
 some day. 
 
 The insecurity of Titles, which it is the purpose of 
 the Bill to remove, ^las often been the occasion of the 
 greatest possible hardship and suffering to individuals 
 and families ; and facility of transferring real estate, 
 which it is the intention of the Bill to promote, is of 
 the greatest importance to a free country, and particu- 
 larly to a young country, like Canada. 
 
 The method, by which the Bill proposes to accom- 
 plish its design, is, by rendering Titles indefeasible, 
 whenever they have been submitted, with this special 
 object, to the ordeal of a judicial investigation, and 
 their validity has in this way been ascertained. This 
 investigation is not to be compulsory on owners, but 
 the proposal is, that an owner shall have the right to 
 have the investigation made, if he chooses, and though 
 there may be no adverse claimant. On his establishing 
 his Title, after due inquiry and every precaution by 
 the Court against error or fraud, it is proposed that the 
 
 I 
 
 I 
 
LETTER ON THE BILL FOR QUIETING TITLES. 15 
 
 owner shall receive a Certificate of Title ; and that 
 such Certificate shall operate as a new starting point in 
 his title, and shall be conclusive at Law and in Equity, 
 against all the world, that at the time mentioned in the 
 Certificate the land belonged to the person it names. 
 Thenceforward, when the owner sells or mortgages, an 
 J intending purchaser or mortgagee will only have to 
 
 search for conveyances or incumbrances subsequent to 
 the Certificate — the work of perhaps five minutes or 
 less. 
 
 As the Law stands now, l^n owner may have an 
 undisputed and indisputable Title ; it may be easy for 
 him to-day to prove every deed and every fact on which 
 his Title depends; but a dozen years hence the case 
 may be quite different. The proof may then be diflBi- 
 cult, expensive, and perhaps impossible; witnesses, 
 whose testimony he needs, may be dead ; or if alive, it 
 may be impossible to find them ; or if found, they may 
 be where the process of our Courts cannot reach them, 
 and where, therefore, their evidence cannot be com- 
 pelled. Or if these difficulties do not arise, others may. 
 In a dozen years, witnesses may forget important facts ; 
 or some of the papers, on which the Title depends, may 
 be mislaid or lost, and there may be the greatest possi- 
 ble trouble in tracing them, or proving, by satisfactory 
 evidence, their loss and their contents. The Bill pro- 
 poses to give to every owner the right, if he chooses, of 
 producing his proofs now ; and, if they are clear and 
 satisfactory, of being relieved forever afterwards from 
 the necessity of producing them. 
 
 When an owner has occasion to prove his Title at 
 law, this only gives him the opportunity of showing the 
 legal title. An action at law seldom touches the ques- 
 tion of the equitable Title, or of equitable interests in 
 
f 
 
 16 LAW AND PRACTICE FOR QUIETING TITLES. 
 
 the property ; and whatever such an action decides is 
 binding on the parties to the suit only, and affects no 
 one else. The evidence must be forthcoming, and may 
 have to be repeated, in every suit with everyone, who, at 
 any future time, sets up a claim to the property. 
 
 Then, again, many of the flaws, on which a Title is 
 defeated, arc such as, if known in time, could be easily 
 and cheaply remedied ; but arc beyond remedy when 
 the property becomes valuable enough to tempt the 
 cupidity of those who are entitled to take advantage of 
 the defects that are discovered ; or the original party 
 to the transaction may then be dead and his heirs may 
 be minors or needy, and for these or other reasons 
 unable or unwilling to correct or overlook the mistake^i 
 or omissions which render the Title defective. 
 
 All sorts of questions have to be considered in look- 
 ing into a Title, prior to making a purchase or accept- 
 ing a mortgage. Are the deeds and wills, through 
 which the title is traced, genuine Instruments ? or have 
 any of them been forged or tampered with? Were 
 they all duly executed ? Have all the forms required 
 by the Statute been observed in the registration of 
 them? Were all requirements of the Acts affecting 
 married women complied v/ith ? Did every testator 
 possess the requisite mental capacity at the time of 
 signing his Will ? Was it read over to him ? Did the 
 witnesses subscribe their names in the presence of one 
 another ? Even in regard to these ordinary questions 
 that occur on almost every Title, examples of misinfor- 
 mation and misfortune have not been wanting. 
 
 But sometimes much more diflScult questions than 
 these have to be determined, as to the construction of 
 wills. Occasionally, difficulties of this class entirely 
 escape attention when a Title is investigated, and at 
 
 'k 
 
■f 
 
 =' 
 
 ■>> 
 
 LETTER ON THE BILL FOR QTTIETINO TITLES. 17 
 
 other times, a wrong conclusion is come to in reference 
 to them. 
 
 Then, questions of identity, and questions relating to 
 possible claims for dower, have sometimes been over- 
 looked by former purchasers, and involve considerable 
 perplexity in subsequent investigations. •• 
 
 Again, persons dealt with as legitimate, sometimes 
 turn out not to have been legitimate ; or a person who 
 has conveyed as eldest son and heir under the old law, 
 is subsequently ascertained not to have been eldest son 
 and heir. So, persons, supposed to be all the children 
 and co-heirs under the new law, may only be some of 
 the children ; persons may not be dead, who were sup- 
 posed to be dead ; or persons may not have been dead, 
 or not have been born, at the dates supposed, and on 
 which important rights depend ; persons may have been 
 aliens, who were supposed to be British subjects; or 
 may have been British subjects, who were supposed to 
 be aliens ; and persons may have been absent from the 
 country, when the Statutes of Limitations were sup- 
 posed to have commenced running against them, or may 
 have been in the Province before the Statutes were 
 supposed to have begun their operation in barring their 
 rights. 
 
 There are even some causes of difficulty, delay and 
 expense, in the case of Canadian Titles, which do not 
 exist to the same extent in England. 
 
 Thus, we have not hitherto had any complete system 
 for the registration of births, deaths, and marriages, 
 and the want of any has created much inconvenience. 
 
 Again, our population is less stationary than that of 
 Great Britain, or of the old countries of Europe. A 
 much smaller proportion of our people than is the case 
 in an old country, remain permanently in one place j 
 
18 LAW AND PRACTICE FOR QUIETINQ TITLES. 
 
 and a much larger proportion, after beinp; concerned in 
 the ownership of land, or being witneascs to transactions 
 affecting the ownership, Ic .c the part of the country 
 where they were known at the time, and perhaps leave 
 the country altogether. Native Canadians, or those 
 who have lived for a time here, arc to be found in 
 British Columbia, Australia, New Zealand, and pro- 
 bably every State of the American Republic. The 
 diflficulty, from this cause alone, of tracing witnesses or 
 former owners, and of ascertaining and proving the 
 death of heirs and devisees, is sometimes found to be 
 very serious. 
 
 Then, again, Canadian Titles have, in many instances, 
 to be traced through persons residing in Great Britain ; 
 through Deeds and Wills executed there ; and through 
 heirs who were born there, and who married and died 
 there. 
 
 So, from time to time, it happens that births, deaths, 
 and marriages which have taken place in the various 
 States of the American Republic, or in the othei British 
 Provinces on this Continent, or in Australia, or in the 
 countries of Continental Europe, form essential links in 
 ft Title. It is obvious that the difficulty of searching 
 for such facts, and then of establishing them, must 
 sometimes be very great, even when the events are com- 
 paratively recent ; but, when they occurred many years 
 ago, the difficulty may amount to an impossibility. 
 Every Title, depending on such events, becomes less 
 b/bSq with every year that passes ; and, as the law stands 
 now, no reasonable caution, and no moderate expense, 
 can make such a Title entirely secure. 
 
 Again, in this country large blocks of farming land 
 often depend on a single Title ; or a farm lot is, in the 
 formation of our cities, towns and villages, divided into 
 
 r 
 
 T 
 
 Z^Ji 
 
<.! 
 
 * 
 
 
 LETTER ON THE BILL FOR QtTIETINO TITLSS. 19 
 
 building lots; and a flaw in the Title of one of those 
 who owned the property before the division of it, 
 destroys the Title, not of one person only, or of one 
 family only, but of many persons and many famllie^. 
 
 It of*,en happens, too, that the original Title is, in 
 such cases, less carefully examined than if there had 
 been no subdivision, and one person was buying all. 
 Parties appear to think that a weak Title acquires 
 strength by the number of persons who hold by it ; or 
 everybody assumes that his neighbour has examined 
 the Title and found it correct, and he trusts to this 
 supposed investigation, in order to avoid the expense of 
 an independent investigation of his own. Were there 
 an easy method for obtaining an indefeasible Title, no 
 one would think of sub-dividing his land without tirat 
 obtaining a Certificate of Title. 
 
 Our Registry law has, beyond all controversy, been 
 of immense advantage to the country; and yet, in 
 regard to any of the questions I have spoken of, it 
 cannot be said to afford any protection whatever ; we 
 need something to supplement its provisions before our 
 Titles can have the reliability which it is very desirable 
 they should possess. The Registry law, in fact, pro- 
 vides for but one source of danger to a purchaser, 
 namely unknown conveyances affecting the property* 
 It affords little or no aid in ascertaining the validity of 
 conveyances, the proper construction of deeds and wills, 
 or any events affecting Title, otherwise than by written 
 instruments ; or in supplying the future proof of 9uch 
 events. These things may be of greater moment to an 
 intending purchaser than the possibility of there being 
 some Deeds affecting the property of which, but for the 
 Registry law, he would not have known. In fact our 
 people have been in the habit of trusting too much to 
 
mmitm 
 
 ■: = 7.-,;;tti » . y; jg 
 
 20 LAW AND PRACTICE FOR QUIETING TITLES. 
 
 the Registry, and have in consequence neglected to pre- 
 serve their Deeds as carefully as prudence required. 
 The Registry law has not hitherto required a memorial 
 of the whole Deed to be registered ; * and the Deed 
 may, consequently, have contained conditions, provi- 
 sions, and trusts, of which the memorial gives no infor- 
 mation. All that the Statute requires the memorial to 
 state is, the date of the Deed, the names of the parties 
 and of the witnesses, and the description of the pro- 
 perty. Even the estate or interest conveyed need not 
 be mentioned. There may, therefore, be an interest 
 under a Registered Deed which does not appear in the 
 memorial ; and a man may have an interest as (for 
 example) a mortgagor, remainder man, reversioner, or 
 cestui qui trust, without any intimation of this being 
 given by the memorial. Mortgages have often been 
 registered as absolute conveyances. If the new Registry 
 Law which the Government has introduced should pre- 
 vent this method of registering instruments for the 
 future, the change will have no effect on past transac- 
 tions. 
 
 It is a further serious inconvenience, connected with 
 our existing system, that if a purchase is effected, or a 
 loan granted after an investigation which satisfies the 
 Solicitor employed that the Title is good, the whole 
 investigation has to be gone over again upon every fresh 
 transaction in reference to the property ; and a Title 
 that was satisfactory to one lawyer may not be satisfac- 
 tory to another ; as, among lawyers, there are all degrees 
 of professional skill and knowledge, and all degrees of 
 prudence and caution, as well as of experience. Be- 
 
 • The late Registry Act, 29 Vic. chap. 24, sec. 35, passed 
 after this letter was written, requires the registration of a 
 full copy. 
 
 
LETTER ON THE BILL FOR QUIETING TITLES. 21 
 
 I 
 
 ^ 
 
 sides, the ablest and most cautious lawyer may occa- 
 sionally make a slip, or overlook a defect, which an 
 inferior man may happen to detect. Sometimes, there- 
 fore, one solicitor finds it his duty to reject a Title, 
 which another solicitor has examined and passed ; and 
 this is the case not only in Canada, but in England 
 also, where conveyancing is a distinct branch of pro- 
 fessional practice, and has received a degree of careful 
 attention which it is not possible for general practitioners 
 in Canada to give to it. 
 
 The desirableness of such a measure as you have 
 brought in, and of there being no delay in passing it, 
 further appears from the obvious fact, that, every year, 
 our Titles are becoming more and more complicated, by 
 sales, mortgages, wills, and settlements, as well as by 
 deaths, marriages, births, and all other events affecting 
 Titles. Every instrument that is executed, every 
 transaction that takes place, every event that affects the 
 ownership, increases the evil ; for, the more complicated 
 a Title is, the more numerous the links in the chain 
 are, the greater is the chance of a mistake being made 
 in advising upon it, the greater the chance of there 
 being some flaw which it may be difficult or impossible 
 at the time to detect, and the greater the chance of the 
 proofs, necessary to establish the Title, being lost, or, 
 for some reason, not obtainable when needed. Even 
 the mere lapse of time, until it is long enough to give a 
 title by possession, but serves to enhance the danger, 
 through the death of witnesses, or their forgetfulness or 
 mis-recollection of facts, and other causes. With time, 
 property is increasing in value ; the importance of the 
 Title being unimpeachable is augmenting ; and yet, 
 with time, until the period of prescription is actually 
 
22 LAW AND PRACTICE FOR QUIETING TITLES. 
 
 reached, come increased complication and increased 
 danger. 
 
 Property more frequently changes hands in Cities 
 and Towns, than in the Country ; and, at present, the 
 evils, which the Bill is designed to remove, are greater 
 in the former, than in the latter. For the same reason, 
 they are greater in those parts of the country which 
 have heen long settled, than in those in which the lands 
 have but recently been patented. Indeed, some con- 
 veyancers of great experience have expressed the opinion 
 that, unless a remedy is found, there will not, in a few 
 years, be many marketable Titles in this part of the 
 country. The evil is certainly increasing, and must 
 increase, everywhere, until our Titles become as com- 
 plicated, and the investigation of them becomes as 
 expensive, as in England itself. There, the investiga- 
 tion usually occupies months ; and it appears from our 
 law books that ten years, and even more, have some- 
 times been spent in making out a Title. Occasionally, 
 also, the expense has nearly equalled the purchase 
 money ; one instance is mentioned by Lord St. Leonards 
 in which a Vendor gave the property to a purchaser for 
 nothing, on condition of the purchaser's relieving him 
 from one part of the expenses of the investigation, 
 namely, that of furnishing copies of the Title Deeds. 
 On the other hand, the earlier in a Country's history 
 that some system is adopted for giving certainty to 
 Titles, the easier is the task, and the more eflfectual are 
 the meaas which it is practicable to adopt. 
 
 The truth is, that under the English System (which 
 is also ours), there are, in a larger number of cases than 
 I would like to designate, no means by which any one, 
 when he buys a piece of property (unless ho buys from 
 the Crown), can be absolutely certain that he is getting 
 
 
■d 
 
 
 J 
 
 LETTER ON THE BILL FOR QUIETINQ TITLES. 23 
 
 a good Title. Even if his Grantor was the Patentee, 
 he may not be perfectly safe, for there may have been a 
 prior patent of the same lot to another person, or the 
 Patent to the Grantor may ^ave been issued through 
 some fraud or mistake which, on just grounds, may 
 invalidate it. So, a sale in Chancery is only enforced 
 if the Title on investigation appears good; but even 
 this investigation, as the law now stands, does not give 
 perfect security, and in England there are in the books 
 instances of a Title, obtained under a Chancery sale, 
 being afterwards successfully impeached from some 
 unexpected quarter. 
 
 I think you will agree with me " that it is specially 
 important with us, that means should be adopted to 
 give the greatest practicable certainty and simplicity to 
 our Titles, because Immigrants and others are apt to 
 take on trust the validity of the Title of the apparent 
 owner of the property, especially if he appears to be a 
 respectable man, and are unwilling, or perhaps unable, 
 to bear the expense of obtaining competent professional 
 advice in looking into the Title for them ; and it is a 
 cruel hardship, that a man of this class, or of any class, 
 after buying a lot, entering into possession, perhaps 
 spending all his means and the labour of himself and 
 his family for years in improving it, should be suddenly 
 deprived of his property, and perhaps the labour and 
 acquisitions of a life-time, through some defect in his 
 Title of which he had no suspicion. Yet instances of 
 this kind are unfortunately within the knowledge of 
 almost every lawyer. 
 
 It is hardly a less cruel hardship, that the law should 
 be in such a condition than a man who lends his money 
 on a mortgage under professional advice, is liable to lose 
 his money afterwards, from some latent defect in the 
 
24 LAW AND PRACTICE FOR QUIETING TITLES. 
 
 Title. I have heard of one lender who, in this way, 
 lost £11,000 in one transaction. Even building Socie- 
 ties and Loan Companies occasionally meet with like 
 losses, though, for various reasons, they are more 
 frequently heard of in the case of private lenders. 
 
 But the advantage of our Titles being certain is very 
 far from being confined to the particular cases in which 
 innocent persons might otherwise suffer. The country 
 generally would benefit by its being known that our 
 Titles were perfectly safe and simple, or could be made 
 so. Such a state of the law would tend to encourage 
 both settlers and those who have money to invest, while 
 any doubt or fear about our Titles discourages both. 
 
 The saving of time on all subsequent transactions, in 
 relation to property, after a Certificate is obtained, 
 would not be the least valuable result of the system 
 which the Bill proposes to introduce. Under the ex. 
 isting system, the investigation sometimes takes weeks, 
 sometimes months, and occasionally (as I know from 
 personal experience) even years ; and the transaction is 
 sometimes broken off in consequence of the delay, or is 
 only carried out when the owner's purpose in selling or 
 mortgaging can no longer be answered. I have known 
 some painful illustrations of these results, and probably 
 no lawyer in large practice but has done so too. 
 
 Under the proposed measure, if an owner has a Cer- 
 tificate of Title, he may complete a sale or mortgage in 
 two hours after bargaining for it. The preparation of 
 the Deed or Mortgage seldom cccupies much time ; and 
 the search at the Registry Ofl&ce for mortgages or con- 
 veyances subsequent to the certificate, would be the 
 work of but a few minutes. 
 
 The existing system exposes parties in takir^ or 
 acting on a Title to the danger of the Title turning out 
 
LETTEIl ON THE BILL FOR QUIETING TITLES. 25 
 
 ;: 
 
 
 to be bad through some unpcrccived flaw or some 
 unknown fact ; to the danger of losing the evidence of 
 a Title that is really good ; to delay in the investigation 
 when expedition is an object; and to constantly in- 
 creasing expense in the investigation and proofs. The 
 Bill proposes, by a short, inexpensive and just method, 
 to remove these evils. I say a just method, for I do 
 not know that any one will think it unjust or object- 
 ionable that latent claims will be shut out by the Certi- 
 ficate. "We already by our Registry law recognize the 
 propriety of such a provision ; and, so great and unde- 
 niable are the advantages the country derives from the 
 law, that the tendency is to extend and not to restrict 
 it. Under its operation, latent claims are excluded 
 without any of the precautions which the Bill proposes 
 that the Court should ooserve before a Certificate is 
 granted ; and I think there can be no reasonable doubt, 
 that, wlien a person is in possession of property, as 
 .apparent owner, when his Deeds and papers appear, on 
 a rigid examination of them, to establish clearly that he 
 is owner, when the Registry Office gives no intimation 
 of an adverse claimant, when none can be discovered in 
 answer to public advertisements, it is but just that 
 the law should protect the person who purchases from 
 such an owner, rather than protect the interest of some 
 unknown person who afterwards sets up a claim of 
 which he had taken no oteps to give others warning. 
 
 The principle of the Act exists in Lower Canada, 
 where, I believe, Sheriff's sales give an indefeasible 
 Title. I have been informed that a Sheriff's Deed is 
 in consequence regarded in Lower Canada as the best, 
 and indeed only entirely safe Title that a man can 
 have. 
 
 The machinery which the Bill adopts is, in principle, 
 
 9 
 
'~T — a 
 
 26 LAW AND PRACTICE FOR QUIETINQ TITLES. 
 
 that which was adopted in tlie Statutes regarding Irish 
 Incumbered Estates, and which was found to work so 
 beneficially in Ireland that it was afterwards made to 
 apply there to all lands, instead of beinj^ confined, as it 
 was in the first instance, to Incumbered Estates. It 
 has also, with the cordial approbation of English Law 
 Reformers of all parties, been lately extended to Eng- 
 land ; though the opposition of the Solicitors has pre- 
 vented much use being yet made of it there. In this 
 Province the interest of the legal profession is not 
 against the proposed measure. Conveyancing forms a 
 smaller part of professional business than in England, 
 and the incidental advantages of the proposed measure 
 will more than compensate Solicitors for their loss of 
 profit through the general simplification of Titles. Had 
 it been otherwise, I am bound to express my conviction 
 thai; Canadian lawyers would have been found too 
 liberal and patriotic to prefer their own interest to an 
 important Reform in the laws of their country. 
 
 The English law as to the sale of Goods in market 
 overt ^ is an illustration of the principle on which our 
 Registry liaw and the Bill in question alike proceed ; 
 and, for upwards of three hundred years, a like doctrine 
 was allowed to prevail, to a considerable extent, in 
 regard to land also, by the operation of fines and 
 recoveries. Lord Coke said that "the Law had or- 
 " dained the Court of Common Pleas as a market overt 
 " for assurances of land by fine ; so that he who shall 
 " be assured of his land, not only against the seller but 
 " against all strangers, it were good for him to pass it 
 "Ls market overt, by fine." But the change of 
 vrrajA?-' ,i gradually destroyed the value of the precau- 
 '/',- • ' icli originally were a sufficient protection to 
 persona who were no parties to the proceeding, and 
 ultimately rendered necessary the abolition of fines and 
 
I.ETTKR ON THE BILL FOR QUIETINO TITLES. 27 
 
 Ish 
 
 SO 
 
 to 
 
 it 
 
 recoveries. For, it will be remembered, that there was 
 no investigation of the Title by the Court in such 
 cases ; all that was required was, that the person who 
 ''levied the fine " should be hi possession of a freehold, 
 by right or by wrong, and that no adverse claim should 
 be duly made; and the only notice given was the 
 rehearsal of a fictitious formula, couched in technical 
 and obsolete language, to an uninterested audience, in 
 the Court of Common Pleas at Westminster. The 
 Fine bound all persons who were not under disability, 
 even though they were entirely ignorant of the pro- 
 ceedintr"s. 
 
 To prevent possible injustice from the working of the 
 new system, the Bill provides all reasonable precautions. 
 The Court, before declaring a Title good, is to make, 
 by itself, or a competent officer acting under its own 
 supervision, a thorough examination of the Title Deeds 
 and evidences of Title in the possession or power of the 
 party ; a thorough search at t}ic Ilegistry Office is also 
 required ; and copies of all memorials are to be pro- 
 duced that relate to Deeds of which the originals cannot 
 be found. An affidavit is required from the owner, 
 that he knows of no adverse claim ; and a certificate 
 from his Solicitor or Counsel that he has examined the 
 Title, and conferred with the owner, and believes the 
 affidavit true and the Title good. There will thus be 
 the best possible security that nothing is kept back. 
 Notice of the application for a Certificate is further 
 proposed to be given, not only to any one having an 
 adverse claim, but to any one whom the Judge thinks 
 it prudent to notify. In addition to all these precau- 
 tions, notice is to be published in the Canada (Jazette^ 
 and in any other newspapers the Court sees fi^t, in order 
 that, if there is any claimant whose Title neither 
 
28 LAW AND rilACTiCE FOR QUIETING TITLES. 
 
 appears on the Deeds nor in the Rcpjistry, nor is known 
 to the claimant or his professional adviser, such claim- 
 ant may still, if possible, receive an intimation of what 
 is going on, and have ai opportunity of establishing his 
 right. But if any one has a claim which is not shown 
 by the Deeds or the Ilegistry, and which the astuteness 
 of the Court and its officers cannot detect, and which 
 even advertisements cannot bring to light, the Bill 
 assumes that the public interests require that such a 
 claim should thence-forward be excluded, as against 
 honest purchasers or their representatives. 
 
 If, notwithstanding all the precautions referred to, a 
 Certificate x)f Title should happen to be obtained 
 through fraud or folse statements on the part of a 
 petitioner, the Certificate is declared (§47) to be void 
 in such a case as respects the petitioner, and to be valid 
 only in favor of a purchaser for value who had no 
 notice of the fraud or falsehood. The chance of the 
 Act working injustice in any possible case, is thus 
 reduced to a minimum ; while, on the other hand, it is 
 especially declared that the Act is to be so construed 
 and " carried out as to facilitate, as much as possible, 
 *' the obtaining of indefeasible Titles, by the owners of 
 " Estates In Lands, through the simplest machinery, at 
 " the smallest expense, and in the shortest time, con- 
 *^ sistent with reasonable prudence in reference to the 
 '^ rights and claims of other persons." 
 
ACT FOR QUIETING TITLES TO REAL ES- 
 TATE IN UPPER CANADA. 
 
 [Assented to 18th September, 18C5.] 
 Whereas it is expedient to give certainty to the title 
 to real estates in Upper Canada, and to facilitate the 
 proof thereof; and also to render the dealing with land 
 more simple and economical : Therefore, Her Majesty, 
 by and with the advice and consent ©f the Legislative 
 Council and Assembly of Canada, enacts as follows: — 
 
 1. — Any owner of an estate in fee simple in land in 
 Upper Canada, or any trustee for the sale of the fee 
 simple, shall be entitled to have his title judicially in- 
 vestigated and the validity thereof ascertained and de- 
 clared; and he shall be so entitled whether he has the 
 legal estate or not, and whether his title is subject or 
 not to any charges or incumbrances. 
 
 2, — Any other person w^ho has an estate or interest, 
 legal or equitable, in or out of land in Upper Canada, 
 may also apply for the investigation of his title and a 
 declaration of the validity thereof; but it shall be in 
 the discretion of the Judge by or before whom the pro- 
 ceedings are taken, to grant or refuse the application 
 for the investigation ; and such discretion may be in- 
 voked and exercised at any stage of the proceedings, and 
 the decision of the Judge in exercising such discretion 
 shall be subject to appeal like any other decision. 
 
 8. — The application shall be to the Court of Chancery 
 or any Judge thereof, and may be by a short petition 
 in the form given in the Schedule A. 
 
 4. — A certificate by the Registrar of the said Court, 
 of the petition being filed, shall be registered in the 
 
30 LAW AND PRACTICE FOR QUlETlN(i TITLES. 
 
 Registry Office of the County in which the hind Kcs, 
 and this certilicate may be in tlie forni given in Sche- 
 dule B. 
 
 5. — Tlie application »shall be supported by the follow- 
 ing particulars • 
 
 (1.) The title deeds (if any) and evidences of title 
 relating to the land that are in the possession or power 
 of the applicant; 
 
 (2.) A certified copy of the memorials of all other 
 registered instruments affecting the land, or of all since 
 the last judicial certificate, if any under this Act, was 
 given (as the case may be), up to the time of the re- 
 gistering of a certificate of the petition as provided for 
 by Section four; 
 
 (3.) The certificate of the llegistrar of the County 
 in which the land lies, as to bills and proceedings in 
 Chancery or in any County Court on its equity side^ 
 relating to the land, and of which a certificate has been 
 registered in his office. 
 
 (4.) A concise statement of such facts as are neces- 
 sary to make out the title, and which do not appear in 
 the produced documents; but no abstract of produced 
 documents shall be required, except on special grounds ; 
 
 (5.) Proofs of any facts which are required to be 
 proved in order to make out the title, and which are^ 
 not established by the other produced documents, unless; 
 the Judge shall dispense with such proofs until a future 
 stage of the investigation ; ■ 
 
 (6.) An affidavit or deposition by the person whosu; 
 title is to be investigated and a certificate of one of his; 
 Counsel or Solicitors, to the effect hereinafter respec- 
 tively mentioned, unless the Judge sees fit, for j^-jma 
 special reason, to dispense with the same respectively; 
 
ACT FOR QUIETING TITLES. 
 
 :u 
 
 (7.) A Schedule of the particulars inodiiecd under 
 the preceding six sub-sections. 
 
 6. — The affidavit or deposition ol' the per.'^ou mIiosc 
 title is to be investigated, shall state to the eflcct, that 
 to the best of his knowledge and belief lie is the owner 
 of the estate or interest (whatever it is) which is chiinied 
 by the petition, subject only to the charges and iiiciini- 
 brances set forth in the petition or in the Scheduk; 
 thereto, or that there is no charge of incumbrance ailect- 
 ing the land; that the deeds and evidences of title 
 which he produces, and of which a list is contained in tli(^ 
 Schedule produced under the preceding section, are all 
 the title deeds and evidences of title relating to the 
 land that arc in his possession or power, and that he is 
 not aware of the existence of any claim adverse to or 
 inconsistent with his own to any part of the land or to 
 any interest therein, or if he is aware of such adverse 
 claim, he shall set forth every such adverse claim, and 
 shall depose that he is not aware of any except what he 
 sets forth ; and the affidavit or deposition shall idso set 
 forth whether any one is in possession of the land, and 
 under what claim, right or title ; and shall state that to 
 the best of the deponent's knowledge, information and 
 belief, the said affidavit or deposition, and the other 
 papers produced therewith, fully and fairly disclose all 
 facts material to the title claimed by the petitioner, and 
 all contracts and dealings which aSeet the same or any 
 part thereof, or give any right as against the applicant. 
 7. — This affidavit or deposition may, in a proper 
 case, be dispensed with, or may be made by some 
 other person instead of the person whose title is to be 
 investigated, or an affidavit or deposition as to part 
 may be made by the one, and as to part by another, at 
 the discretion of the Judge to whom the application is 
 
LAW AND PRACTICE FOR QUIETING TITLES. 
 
 made; and in such case the affidavit whall bo modified 
 accord iiiLfly. 
 
 8. — The certificate of the Counsel or Solicitor shall 
 state to the effect, that lie has investi«^ated the title and 
 believes the party to be the owner of the estate which 
 the j)etiti()n claims in the land in (jucstion, subject only 
 (if such be the case) to any ehar^^es or incuni})ranceH 
 that may be set forth in the Schedule to the petition 
 (or that he so believes, subject to any condition, quali- 
 fication or exemption to be set forth in the certificate), 
 and that he has conferred with the deponent on the 
 subject of the various matters set forth in ..le affidavit 
 or deposition referred to in the preceding; two sections, 
 and believes the affidavit or deposition to be true. 
 
 •0. — The Judue in investigating the title may receive 
 and act upon any evidence that is now received by any 
 of the Courts on a question of title ; and any evidence 
 which the practice of English Conveyancers authorizes 
 to be received on an investigation of a title out of Court; 
 or any other evidence, whether the same be or be not 
 receivable or sufficient in point of strict law, or according 
 to the practice of English Conveyancers, provided the 
 same satisfies the Judge of the truth of the facts intend- 
 ed to be made out thereby. 
 
 10. — The proofs required may be by, or in the form 
 of, afl[idavits or certificates; or may be gi.en viva voce; 
 or may be in any other manner or f irn; that under the 
 circumstances of the case is satisfjictory to the Judge in 
 regard to the matters to which the same relate. 
 
 11. — If the Judge is not satisfied with the evidence 
 of title produced in the first instance, he shall give a 
 reasonable opportunity of producing further evidence, 
 or of removing defects in the evidence produced. 
 
 12. — Before giving a certificate or conveyance under 
 
A''T FOR QUIETlNfl TITf.ES. 
 
 :v.i 
 
 this Act, the Judge shall direct to be published in the 
 C<niada Gazette, and if ho sees fit in any other news- 
 paper or newspapers, and in such Ibrni and for sueh 
 period or peri(jds as the Judge thinks exj)edient,a notice 
 eitlier of the application being made, or of the order or 
 decision of the Judge thereon ; and the certificate or con- 
 veyance shall not be signed or executed until after the 
 exi»iration of at least lour weeks iVoni the first publica- 
 tion of such notice, or suck other period as the Judge 
 may appoint. 
 
 13. — When tlie Judge is satisfied respecting the title, 
 and considers that the certificate of title can safely be 
 granted without any other notice of application than the 
 published notice so refjuircd, he shall grant the certifi- 
 cate accordingly. * 
 
 14. — In case of there appearing to exist any claim 
 adverse to or inconsistent with that of the petitioner to 
 or in respect of any part of the land, the Judge shall 
 direct such notice as he deems nece;<sary to be mailed t(j 
 or served on the adverse claimant, his solicitor, attorney 
 or agent. 
 
 15. — In all cases he may require from time to time 
 any further publication to take place, or any other no- 
 tice to be mailed or served, that he deems necessary 
 before granting his certificate. 
 
 16. — Before a certificate of title is granted, satisfac- 
 tory evidence shall be given by certificate or otherwise, 
 that all taxes, rates and assessments, for which the land 
 is liable, have been paid, or that all except those for the 
 current year have been paid. 
 
 17. — Every claim of title under this Act shall be 
 presumed to be subject to the following exceptions and 
 qualifications, unless the petition for investigation ex- 
 pressly alleges the contrary ; 
 
34 LAW AND PRACTICE FOR QUIETING TITLES. 
 
 (1). The reservations (if any) contained in the ori- 
 i^inal ^rant from the Crown ; 
 
 (2). Any municipal charges, rates or assessments 
 theretofore imposed for local improvements, and not yet 
 due and payable ; 
 
 (3). Any title or lien which, by possession or im- 
 provement or other means, the owner or any person 
 interested in any adjoining land has acquired to or in 
 respect of the land mentioifed in the certificate ; 
 
 (4). Any lease or agreement for a lease, for a period 
 yet to run, of not exceeding three years, where there is 
 actual occupation under the same. 
 
 18. — But if the applicant desires the certificate to 
 declare the title to be free from the said particulars, or 
 any of them, his petition shall so state, and the inves- 
 tigation shall proceed accordingly. 
 
 19. — Any person having an adverse claim, or a claim 
 not recognized in the applicant's petition, may at any 
 time before the certificate of title is granted, file and 
 serve on the applicant, his solicitor or agent, a short 
 statement of his claim, which may be in the form set 
 forth in schedule C. 
 
 20. — This claim shall be verified by an afiidavit to be 
 filed therewith. 
 
 21. — In case of a contest, the Judge mt^y either de- 
 cide the question of title on the Evidence before him, or 
 may refer the same or any matter involved therein to 
 the full Oourt, or to any mode of investigation which is 
 usual in othe:* cases, or which he may deem expedient, 
 and may defer granting the certificate until afterwards, 
 according as the circumstances of each case render just 
 and expedient. 
 
 22. — The Judge may, at any stage of the cause, order 
 
ACT FOR QUIETING TITLES. 
 
 35 
 
 security for costs to be given by the applicant for a cer- 
 tificate, or by any person making any adverse claim. 
 
 23. — The Judge may order costs either as between 
 party and party, or as between solicitor and client, to be 
 paid by or to any person, party to any proceeding under 
 this Act, and may give directions as to the fund out of 
 which any such costs shall be paid. 
 
 24. — -The petitioner may by leave of the Judge with- 
 draw his application at any time before final adjudication, 
 on payment of all costs incurred in the investigation 
 either by himself or by any adverse claimant. 
 
 25. — With a view of expediting investigations, and 
 subject to any general orders in this behalf, the Judge, 
 if he sees fit, may refer any petition presented under 
 this Act to the Master or a Deputy Master or any other 
 officer of the said Court, or to any Counsel named by 
 the Judge, and in such case the referee shall proceed as 
 the Judge himself should do under this Act, had the 
 reference not been made, and shall have the same 
 powers. 
 
 26. — The Judge may also refer any title to counsel 
 named by the Judge, for a preliminary report or exam- 
 ination, and may call for the assistance of counsel in nnj 
 other way and for any other purpose that may tend to 
 the dispatch of business under this Act. 
 
 27. — The Judge may give one certificate of title, com- 
 prising all the land mentioned in the petition, or may 
 give separate certificates as to the title of separat(3 parts 
 of the land. 
 
 28. — The certificate of title may be in the form con- 
 tained in Schedule 1) to this Act, and shall be under 
 the seal of +he Court, and shall be signed by one of the 
 Judges and by the Registrar of the Court, and the same 
 and the Schedule (if any) thereto, or a duplicate or 
 
36 LAW AND PRACTICE FOR QUIETING TITLES. 
 
 counterpart of the same, shall be registered in full, both 
 in the Court of Chancery and in the Books of the Reg- 
 istry Office of the County where the land lies, without 
 any further proof thereof. 
 
 29. — A memorandum or certificate of the registration 
 may bo endorsed on the certificate of title or on any 
 counterpart or certified copy thereof thus : — 
 
 " Registered in Chancery, 18G — , Book , 
 
 Page , A. Gr., Registrar. 
 
 Registered in the Registry Office for the County of 
 Book , Paire , (Date) Registrar," 
 
 and a memorandum or certificate so signed shall be 
 evidence of the registration mentioned therein. 
 
 80. — The certificate of title when so sealed, signed 
 and registered, shall be conclusive at law and in equity, 
 and the title therein mentioned shall be deemed absolute 
 and indefeasible, from the day of the date of the cer- 
 tificate,, as regards Her Majesty and all persons what- 
 ever, subject only to any charges or incumbrances, 
 exceptions or qualifications mentioned therein, or in the 
 Schedule thereto, and shall be conclusive evidence that 
 every application, notice, publication, proceedings, con- 
 sent and act whatsoever, which ought to have been made 
 given and done previously to the granting of the certifi- 
 cate, has been made, given and done by the proper 
 paiLiv.0. 
 
 31. — After a certificate of title is duly registered, a 
 copy of the certificate purporting to be signed and cer- 
 tified as such copy, by the Registrar in Chancery, or by 
 the Registrar for the County in which the land lies, 
 shall be admissible evidence of such copy, and without 
 accouutino; for the non-])roduction of the certificate. 
 
 32. — In case of a Chancery sale, the Court of Chan- 
 cery, if it thinks fit, may investigate the title with a 
 
ACT FOR QUIETING TITLES. 
 
 37 
 
 view to granting an indefeasible title, and in that case, 
 a conveyance executed to the purchaser under the seal 
 of the Court' and purporting to be under the authority 
 of this Act, shall have the same conclusive effect as a 
 certificate. 
 
 33. — The conveyance may be in the form set forth in 
 Schedule E to this Act. 
 
 34. — ^Where a decree is made for the specific per- 
 formance of a contract for the sale of an estate, and it 
 is part of the contract that the vendor shall have an in- 
 defeasible title, the Court shall make the like investiga- 
 tion, and the conveyance may be in the form set forth 
 in the same Schedule E. 
 
 35. — In case any person domiciled in Upper Canada, 
 or claiming any real estate in Upper Canada desires to es- 
 tablish, not his title to some specific property, but general- 
 ly that he is the legitimate child of his parents, or that 
 the marriage of his father or mother, or of his grand- 
 father and grandmother, was a valid marriage, or that 
 his own marriage was a valid marriage, or that he is 
 the heir or one of the co-heirs of any person deceased, 
 or that he is a natural born subject of Her Majesty, 
 he may, if the said Court thinks fit, have any of the 
 said matters judicially investigated and declared. 
 
 36. — The application may be by a short petition, 
 stating the object of the application. 
 
 37. — The petition shall be supported by an affidavit 
 of the applicant verifying the statements of the petition, 
 and stating further that his claim is Hot disputed or ques- 
 tioned by any person ; or if his claim is to his knowledge 
 disputed or questioned, he shall set forth the facts in 
 relation to such dispute or question, and shall depose 
 that he is not aware of any dispute or question, except 
 what he has set forth, and he shall state in the affidavit 
 
38 
 
 LAW AND PRACTICE FOR QUIETINO TITLES. 
 
 such other facts as may satisfy the Court of the propri- 
 ety of proceeding with the investigation. 
 
 38. — The investigation shall be made by the same 
 judicial authority and in the same manner, and on the 
 same evidence, and the same publication or notice shall 
 be required, and the same proceedings generally shall be 
 had, and the certificate granted on such investigation 
 shall be registered in the same way, and may be proved 
 by the same evidence, as nearly as may be respectively, 
 as in cases under the first section of this Act. 
 
 39. — This certificate when registered sliall be con- 
 clusive and indefeasible in favor of the party on whose 
 application the same was granted, and all persons claim- 
 ing by, from, through or under him, and shall be prima 
 facie evidence in favor of all other persons, and against 
 all persons of the truth of the fact therein declared. 
 
 40. — A separate book shall be kept in Chancery for 
 the registering of these and other certificates of title, 
 and conveyances given under this Act, and the certifi- 
 cates and conveyances registered therein shall be 
 numbered in order, and convenient indexes to the books 
 shall be kept in such form as the Court from time to 
 time directs. 
 
 41. — In case any person who, if not under disability, 
 might have made any application, given any consent or 
 done any. act, or been party to any proceeding under 
 this Act, is a minor, an idiot or a lunatic, the guardian 
 of the minor or committee of the estate of the idiot or 
 lunatic may make such application, give such consent, 
 do such act and be party to such proceeding as such 
 person might, if free from disability, have made, given, 
 done or been party to, and shall otherwise represent 
 such person for the purposes of this Act ; and if the 
 minor has no guardian, or the idiot or lunatic no com- 
 
ACT FOR QUIETING TITLES. 
 
 39 
 
 mittce of his estate, tlie Court or Judges may appoint a 
 person witli like power to act for the minor, idiot, or 
 hmatic ; but a married woman shall, for the purposes of 
 this Act, be deemed a feme-sole. 
 
 42. — After a certificate is granted in regard to any 
 of the matters investigated under this Act, any party 
 aggrieved thereby may, on petition, and after satisfac- 
 torily accounting for liis delay, have the title or claim 
 re-investigated on such terms as may be just. 
 
 43. — But no proceeding on such petition shall affect 
 the title of any person who, in the meantime, and after 
 the registration of the certificate, shall have acquired, 
 by sale, mortgage or contract, for valuable consideration, 
 any estate or interest in the land specified in the cer- 
 tificate of title ; or (in case the certificate v:':r< under the 
 thirty-fifth section of this Act) in any L.iid or other 
 property, the title to which Vas derived from, through 
 or under the person named in the certificate, in the 
 character which is thereby declared to belong to him. 
 
 44. — Proceedings under this Act shall not abate or 
 be suspended by any death or transmission or change of 
 interest, but in any such event the Court or Judge may 
 require notices to be given to persons becoming inter- 
 ested, or may make any order for discontinuing, or sus- 
 pending, or carrying on the proceedings, or otherwise in 
 relation thereto, as under tlic ' /cumstanccs may be 
 just. 
 
 45. — No petition, order, affidavit, certificate, registra- 
 tion or other proceeding under this Act shall be invahd 
 by reason of Lny informality or technical irregularity 
 thertin, or of any mistake not affecting the vsubstantial 
 justice of the proceeding. 
 
 46. — An appeal shall lie from an order or decision of 
 a Judge under this Act to the full Court, and from the 
 
40 LAW AND PRACTICE FOR QUIETING TITLES. 
 
 full Court to the Court of Error and Appeals, as in the 
 case of Orders, Decrees, Rules and Judgments, in suits. 
 
 47. — The foregoing provisions of this Act shall be so 
 construed and carried out, as to facilitate, as much as 
 possible, the obtaining of indefeasible titles by the 
 owners of estates in land, through the simplest ma- 
 chinery, at the smallest expense, and in the shortest 
 time, consistent with reasonable prudence in reference 
 to the rights or claims of other persons. 
 
 48. — If in the course of any proceeding under this 
 Act, any person acting either as principal or agent, 
 shall, knowingly and with intent to deceive, make, or 
 assist or join in o" ^e privy to the making of any mate- 
 rial false sta^xji : ." representation, or suppress, con- 
 ceal or assist or jom in or be privy to the suppressing, 
 with-holding oi conr'oaliLr ^rom the Court any material 
 document, fact or mattei* o." information, every person 
 so acting shall be deemed to be guilty of a misdemeanor, 
 and on conviction shall be liable to be imprisoned in the 
 Provincial Penitentiary for a term not exceeding three 
 years, and not less than two years, and to be imprisoned 
 in any other prison or place of confinement for any term 
 less than two years, and in the latter case with or with- 
 out hard labor, or to be fined such sum as the Court by 
 which he is convicted shall award ; any order or declara- 
 tion of title obtained by means of such fraud or false- 
 hood, shall be null and void for or against all persons 
 other than a purchaser for valuable consideration with- 
 out notice. 
 
 49. — If in the course of any proceeding before the 
 Court, under this Act, any person shall fradnlently 
 forge or alter, or assist in forging or altering any cer- 
 tificate or other document relating to such land or the 
 title thereto, or shall fradulently offer, utter, dispose of, 
 
mtm 
 
 ACT FOR QUIETING TITLES. 
 
 41 
 
 or put off any such certificate or other document, know- 
 ing the same to be forged or altered, such person shall 
 be guilty of felony, and upon conviction shall be liable, 
 at the discretion of the Court by which he is convicted, 
 to be imprisoned in the Provincial Penitentiary for life 
 or for any term not less than three years, or to be im- 
 prisoned in any other prison or place of confinement for 
 any term not exceeding two years, and in the latter 
 case with or without hard labor. - 
 
 50. — No proceeding or conviction for any act hereby 
 declared to be a misdemeanor, shall affect any remedy 
 which any person aggrieved by such act may be entitled 
 to, either at law or in equity, against the person who 
 has committed such act. 
 
 51. — Nothing in this Act shall entitle any person to 
 refuse to answer any question or interrogatory in any 
 civil proceeding in any Court* of law or equity, but no 
 answer to any such question or interrogatory shall be 
 admissible in evidence against such person in any civil 
 proceeding. 
 
 52. — The said Court may, from time to time, make 
 general orders for referring all or any applications under 
 this Act, to any master, deputy-master or other officer 
 of the Court, or to any Counsel or other person ap- 
 pointed by the Court in that behalf, and to regulate 
 the fees to be paid on such reference, and the referee 
 shall have the same powers as a Judge within the limits 
 prescribed by such general orders ; and the Court may 
 also from time to time, make other general orders for 
 the purposes of this Act, and for regulating the practice 
 under - the same ; and all general orders made in pur- 
 suance of this section may from time to time be rescinded 
 or altered by the said Court. - 
 
42 LAW ANB' PRACTICE FOR QUIETING TITLES. 
 
 SCHEDULE A. 
 
 IN CHANCERY. 
 
 Form of Petition for the investigation, sec. 3. 
 
 Ill the matter of (the East half of lot Ko. m the 
 
 concession in the toicnshij) of or as the case 
 
 may he, describing the 2>ro27erty very briefly). 
 To the Honorable the Judges of the Court of Chan- 
 cery: — 
 
 The Petition of 
 
 Shewetii, — 
 
 That your petitioner is absolute owner in fee simple 
 in possession (or as the case may be), of the following 
 property (describing it). 
 
 That there is no charge or other incumbrance affect- 
 ing your petitioner's title to the said land (excejJt, &c., 
 or, — that your 2>^'iiiioner^ s title is subject only to the 
 charges or incumbrances in the schedule hereto men- 
 tioned, a7id that the only ^nrsons having or claiming 
 any charge, incumbrance, estate, right or interest in the 
 said land are set forth in the schedule hereto annexed, 
 and that the charge, incumbrance, estate, right or in- 
 terest belonging to or claimed by each is therein set 
 forth). Your petitioner therefore prays that his title 
 to the said land may be investigated and declared under 
 the Act for quieting titles to real estate in tapper 
 Canada. 
 
 (Signed), A. B. 
 
 or C. D., Solicitor for A. B. 
 
 SCHEDULE B. 
 
 Form of Beyisfrar^s Certificate of an Application 
 under this Act, sec. 4. 
 I certify that an application has been made by 
 
ACT FOR QUIETING TITLES. 
 
 43 
 
 to the Court of Chancery, under the Act for quieting- 
 titles to real estate in Upper Canada, for a certitieate of 
 title to the following lands {stating them). 
 
 Alex. Grant, 
 
 Registrar. 
 
 SCHEDULE C. 
 
 Form of Adverse Claimanfs Statetnent, sec. 19. 
 
 In the matter of, &c., (as in petition). 
 
 A. B. of, &c., claims to be the owner of the said 
 land, &c., &c., (stating very hrieflg the nature of the 
 
 claim and the grounds of it) . Dated this day of 
 
 186—. 
 
 (Signed), A. B. 
 
 or C. D,, Solicitor for A. B. 
 
 SCHEDULE D. 
 
 Form of Chancery Certificate of Title, sec. 28. 
 
 No. 
 
 These are to certify under the authority of the Act 
 for quieting titles to real estate in Upper Canada, that 
 
 A. B. is the legal and beneficial owner in fee simple 
 
 in possession (or as the case may he), of all, &c., (here 
 describe the property) , subject to the reservations men- 
 tioned in the seventeenth section of the said Act and 
 therein numbered respectively one, two, three and four, 
 (or as the case may he), and to (specifying either hy 
 reference to a schedule or otherioise any of the other 
 charges or incumhrances, exceptions, or qualifications 
 to which the title of A. B. is subject) but free from all 
 other rights, interests, claims and demands whatever. 
 Or that, (stating the facts found and declared under 
 
 "I 
 
44 LAW AND PRACTICE FOR QUIETINQ TITLES. 
 
 the tliirtif-flfth saction of this Act, and stating on lahose 
 application the same are declared). 
 
 In witHcss whereof {Chancellor or one of the 
 
 Vice- Chancellors)^ of the said court, has hereunto set 
 his hand, and tlie seal of tlie said court lias been here- 
 unto affixed, this day of . 
 
 A. Grant, C. D. L. S. 
 
 Refjistrar. 
 
 SCHEDULE E. 
 
 Form of Chancery Deed, sees. 33 and 34. 
 No. 
 
 The Court of Chancery for Upper Canada, under the 
 authority of the Act for quieting titles to real estate in 
 Upper Canada, doth hereby "grant unto A. B., &c., 
 {here describe the premises sold), to hold the same unto 
 
 the said his heirs and assigns for ever (or as the 
 
 case may he), subject to {hei'e specify as in the cane of 
 a Chancery certiiicate of title). 
 
 In witness whereof {Chancellor or one of the 
 
 Vice- Chancellors of the said Court), has here-unto set 
 his hand, and the seal of the said court has been set, 
 this day of in the year of our Lord, . 
 
 A. Grant, C. D. L. S. 
 
 Registrar. 
 
OllDKKS OF CUUHT 
 
 Ai.cubT :n, 1867. 
 
 1. Under tlic Act i'or Quieting Titles to Koal Jvstatc 
 ill tJppcr CiuiacUi the petition for an investigation of 
 title is not to include two or more properties dependent 
 on separate and distinct titles; but may include any 
 number of lots or parcels belonging to the same perf-on 
 and dependent on one and tlic same chain of title. 
 
 2. Where an application is made under the second 
 section of the Act, the Registrar is to attend one of the 
 Judges with the petition for directions, before the same 
 is referred for investigation. 
 
 I 
 
 3. A petition under the Act may, at the option of 
 the Petitioner, be referred to any of the Officers of 
 the Court at Toronto, or to any Conveyancing Couni^el, 
 who may from time to time be designated by the Court 
 for the purpose ; or to any of the following local Masters, 
 viz., the Masters at Barrie, Belleville, Brantford, Brock- 
 ville, Cobourg, Cornwall, Goderich, Guelph, Hamilton, 
 Kingston, Lindsay, London, Owen Sound, Peterborough, 
 Sandwich, Sarnia, Simcoe, Stratford, St. Catharines, 
 Whitby, and Woodstock ; or to any other of the local 
 Masters who shall hereafter be designated. 
 
 4. To facilitate the proceedings in cases referrc i lo 
 the local Masters, two Inspectors of Titles will be named 
 by the Court, for the purposes, and with the powers, 
 mentioned in and provided for by, the 25th and 26th 
 sections of the said Act ; and on the petition are to be 
 endorsed the names of one of the Inspectors, and of the 
 
4fi LAW AND TUArTK'E K>U QClETINcj TITI.KS. 
 
 local MaKter, thus : *' To ho referred to the Master at 
 , and to Mr. , Inspector of Titles." 
 
 5. l\Hiti(ms filed unindorsed with the name of a 
 Kefercc arc to be referred to the lleferecs in Toronto 
 in rotation, or otherwise as the Court from time to time 
 directs ; but a petition endorsed with the name of any 
 Referee is to be referred to him accordingly, unless the 
 Court otherwise directs. 
 
 6. Where a petitioner desires the reference to a local 
 Master, the petition is to be entered with the Inspector 
 of Titles before being filed with the Registrar as re- 
 quired by the Statute, and the Inspector is to note 
 thereon the day of entering the same, adding to such 
 note his own initials, and is thereupon to deliver the 
 petition to the Solicitor, or, if duly stamped, to the 
 Registrar, to be filed. 
 
 7. The local Master shall be entitled to confer or 
 correspond from time to time with the Inspector of 
 Titles, for advice and assistance on questions of prac- 
 tice or evidence, or other questions arising under the 
 Act or under these Orders. 
 
 8. The Registrar is to deliver to the party filing a 
 petition under the Act, a certificate of the filing thereof, 
 for registration in the proper County; and thereupon 
 the petition is forthwith to be referred, and delivered or 
 posted by the Registrar, to the Referee named for that 
 purpose. 
 
 9. The particulars necessary under the fifth section 
 of the Act to support the petition are to be delivered or 
 sent by the petitioner or his Solicitor to the Referee, 
 and are to be forthwith examiner' and considered by 
 him. 
 
(HIDE IIS OF COURT. 
 
 4T 
 
 10. In every case of an investi«^ation of the title to 
 property under the said Act, the petitioner is to shew, 
 by affidavit or otlierwise, whetlier possession has always 
 accompanied the title under which he claims the pro- 
 perty, or how otherwise, or is to shew some sufficient 
 reason for dispensing with such proof either wholly or 
 in part. 
 
 11. Where tliere is no contest, the attendance of the 
 petitioner, or of any solicitor on Lis behalf, is not to be 
 required on the examination of the title, excej)t wliere, 
 for any special reason, the Referee directs such attend- 
 ance. 
 
 l!i. If, on such examination as aforesaid, the lleferee 
 finds the proof of title defective, he is to deliver or mail 
 to the petitioner, or to his Solicitor or Agent, a memo- 
 randum of such finding, stating shortly tlierein what 
 the defects are. 
 
 13. When the Referee finds that a good title is shewn, 
 he is to prepare the necessary advertisement, and tlie 
 same is to be published in the Official Gazttte, and in 
 any other uewspapei or newspapers in which the Referee 
 thinks it proper to have the same inserted ; and a copy 
 of the advertisement is also to be put up on the door of 
 the Court House of the County where the land lies, and 
 in some conspicuous place in the Post Office which is 
 situate nearest to the property the title of which is 
 under investigation ; and the Referee is to endorse on 
 the advertisement so prepared by him the name or names 
 of the newspaper or newspapers in which the same is to 
 be published, and the number of insertions to be given 
 therein respectively, and the period, (not less than four 
 weeks) for which the notice is to be continued at the 
 Court House and Post Office respectively. 
 
■48 LAW AND PRACTICE FOR QUlETIx\(} TITLES. 
 
 14. 2\.uy notice of tlie application to be served or 
 mailed under the 14th section of the Act, is to be pre- 
 pared by the Referee ; and directions are in like manner 
 to bo given by him as to the persons to be served v.'ith 
 sucli notice, and as to the mode of serving the same. 
 
 15. The Inspectors and Toronto Referees are from 
 time to time to confer with one of the Judges in respect 
 of matters before such Inrpcctors and Toronto Referees, 
 as there shall be occasion. 
 
 16. When any person has shewn himself, in the 
 opinion of a local JMastcr, to be entitled to a Certificate 
 or Conveyance under the Act, and has published and 
 given all the notices required, the Master is to write at 
 the foot of the petition, and sign, a memorandum to the 
 effect following : " I am of opinion that the petitioner is 
 entitled to a Certificate of Title (or Convct/c.nce) as 
 prayed" (or subject to the folio vving incumbrances, &c., 
 ((s the case may he) ; and is to transmit the petition (if 
 by mail, the postage being prepaid), with the deeds, 
 evidence, and other papers before him in reference 
 thereto, to the Inspector of Titles with whom the peti- 
 tion was entered ; and the Inspector is to examine the 
 same carefully, and should he find any defect in the 
 evideu'^e of title, or in the proceedings, he is, by corres- 
 pondence or otherwise, to point the same out to the 
 petitioner, or his Solicitor, or to the iM aster, as the case 
 may bo, in order that the defect may be remedied before 
 a Judge is attended with the petition and papers for 
 approval. 
 
 17. When the Inspector, or other Referee (not being 
 a local Master), finds that the petitioner has shewn him- 
 self entitled to a Certificate of Title, or a Conveyance 
 under tlie Act, and has published and given all the 
 
ORDERS OF COURT. 
 
 49 
 
 notices required, the Inspector, or Referee, (not being 
 a local Master), is to prepare the Certificate of Title, or 
 Conveyance, and is to engross the same in duplicate, 
 one on parchment, and one on paper; and is to sign 
 the same respectively at the foot or in the margin 
 thereof; and is to attend one of the Judges therewith, 
 and with the deeds, evidence, and other papers before 
 him in reference thereto ; and on the Certificate or 
 Conveyance being signed by the Judge, the Inspector, 
 or other Referee aforesaid, as the case may be, is to 
 transmit or deliver the same to the Registrar, to be 
 signed and registered by him ; and the Registrar is to 
 deliver or transmit the same, when so signed and regis- 
 tered, to the petitioner, his Solicitor or Agent, for regis- 
 tration in the proper County. 
 
 18. When a Certificate of Title or Conveyance under 
 the Act has been granted, the Inspector or Referee 
 may, without further order, deliver, on demand, to the 
 party entitled thereto, or his Solicitor, all deeds and 
 other evidences of title, not including affidavits made, 
 and evidence given, in the matter of the title, and is to 
 take his receipt therefor. 
 
 19. Each of the Inspectors and other Toronto Refe- 
 rees is to keep a Book, and to preserve therein a copy 
 of all his letters under these Orders, and is to prepare 
 monthly, for the information of the Profession, a memo- 
 randum of points of practice decided in matters under 
 the Act. 
 
 20. The fees of Solicitors and Counsel, and the fees 
 payable by stamps, for proceedings under the said Act, 
 are, respectively, to be the same as for like proceedings 
 in other cases. ' " . 
 
 21. The Referee is, in lieu of all other fees, to be 
 entitled to a fee of fifty cents for every deed in the 
 chain of title, other than satisfied mortgages ; and Refe- 
 
50 LAW AND PRACTICE FOR QUIETING TITLES. 
 
 rees who prepare the Certificate or Conveyance, are to 
 have a fee of four dollars for drawing and engrossing 
 the same in duplicate. Besides these fees, the Referee 
 is to have the same fees in respect of proceedings occa- 
 sioned by any defects in the proof of title, which shall 
 be mentioned in the Referee's memorandum referred to 
 in the eleventh of these Orders, as are payable to the 
 Master in respect of similar proceedings in suits. No 
 further or other fee is to be payable to the Referee in 
 respect of any of the proceedings by or before him 
 under the said Act in an uncontested case. 
 
 22. In a contested case, the Referee is, in addition, 
 to be entitled, in respect of the proceedings occasioned 
 by the contest, to the same fees therefor as are payable' 
 to him for the like proceedings in suits. 
 
 23. The fee of the Inspector of Titles on entering 
 the petition with him is eight dollars, and no further 
 fee is to be paid him for correspondence, examination 
 of the title, drawing and engrossing Certificate or Con- 
 veyance, or for any other matter or thing done under 
 the petition. 
 
 24. The applicant or his Solicitor is to pay, or pre- 
 pay, as the case may be, all postages and other expenses 
 of transmitting letters or papers. 
 
 25. Petitions under the 35th section of the Act are 
 to be filed and proceeded with in the same manner (as 
 nearly as may be) as petitions for an indefeasible title ; 
 and the fees of Officers, Solicitors, and Counsel, are te 
 be the same as in respect of the like proceedings in suits. 
 
 26. The Orders of the 19th of September, 1865, are 
 hereby rescinded. 
 
 P. M. VANKOUGHNET, C. 
 J. G. SPRAGGE, V. C. 
 0. MOWAT, V. C. 
 
THE PETITION. 
 
 51 
 
 AS TO THE PETITION. 
 
 In the heading the lands should be shortly described 
 to avoid the expense of advertising. A loose indefinite 
 description as "part of lot 2 " without saying what part 
 is to be avoided. If the land is and for some time past 
 has been in the occupation of any person, it may some- 
 times be proper to state, "now and for some time 
 past, occupied by ." So, also, 
 
 if it adjoin any well-known farm or house, or has 
 been long occupied by a well-known individual or 
 Company, or a Bank, it may be advisable to say 
 that it so adjoins on the north, or as the case may 
 be. In the body of the Petition, however, the des- 
 cription should be as certain as a conveyance, both to 
 identify the whole land claimed with the County 
 Registrar's Certificate, and in order that the Certificate 
 of Title may follow it, and for Registry purposes. For 
 the same reasons also the Petition should properly de- 
 scribe the estate or interest claimed in the land. More- 
 over, with a view to notice, it is important that the 
 Petition should be correct, for the Petition and the 
 Notice under it should not be for a larger interest than 
 the Petitioner has, as for instance, for a fee simple ab- 
 solute, when the estate is a fee tail, or liable to be 
 defeated by an executory devise over. In short the 
 Petition should be so framed as that the Judge can 
 grant what is therein prayed for. 
 
 In the followiiig forms the cases put, come under the 
 2nd section of the Act. ' 
 
 A Mortgage in fee outstanding and unsatisfied will 
 not prevent the application of the Act. 
 
 If an applicant find a difficulty in describing his 
 interest by reason of the informality of any instrument, 
 
52 LAW AND PRACTICE FOR QUIETING TITLES. 
 
 he may have to set out the material parts of it Verbatim 
 and claim under it. 
 
 FORM OF PETITION. 
 
 In the matter of (^see remarlcs above). 
 To TjiE Honorable the Judges op the Court 
 
 OP Chancery. 
 
 The petition of of 
 
 sheweth, — 
 
 That your petitioner is entitled to the property here- 
 inafter described, as tenant in fee simple absolute 
 (folloiving the form in the Act). 
 
 The following are illustrations of special cases : — 
 
 If the estate be a present one, liable to be defeated 
 by an executory devise over, or by limitations by way 
 of shifting use contained in a deed, as tenant in fee 
 simple, {or as the case may be), determinable on, (set 
 out the event whereon the devise over takes effect, or 
 the use shifts, and referring to the instrument) ^ (or, if 
 the estate be not in ^possession, but a future estate de- 
 pendent on the determination of a prior estate by execU' 
 tory devise or shifting use), entitled, &c., dependent 
 and to take eifeet in possession on, (setting out the 
 event and the instrument ; or, say, on the determina- 
 tion of the estate thereby devised or granted to, Sfc.) , 
 (If the event has happened ivhereon the devise over 
 takes effect, or the tise shifts, and is executed in pos- 
 session, then claim as in an ordinary case of an abso- 
 lute estate in possession. In the case of an estate tail, 
 the issue in tail may have been barred, but not those in 
 
 A, See sections 1, 2, 3, and Schedule A. 
 
FORM OP PETITION. 
 
 53 
 
 remainder or reversion, in toJiicJi case the applicant 
 may claim " as entitled to a base fee^'' or, ^^as tenant 
 in tRil entitled to a base fee,** according to the fact, 
 ** within the meaning of the Consolidated Statute of 
 Upper Canada, chapter 83." If neither issue in tail, 
 or remainder man, or reversioner, have beenbarred, then 
 claim ** as actual tenant in tail ivithin the meaning, 
 Sfc." ) {If the petitioner claims a term of years re- 
 newable from time to time in perpetuity or otherwise, 
 state), entitled to a term of years expiring on 
 
 , created by, and subject to the provisoes, rents, 
 conditions, covenants and agreements contained in, a 
 certain Indenture between, &c., 
 dated, &c., registered, &c., 
 
 renewable as in the said Indenture specified 
 
 That there is no charge or other incumbrance affect- 
 ing your petitioner's title to the said land, {except an 
 annuity to under the ivill of , 
 
 or, under an Indenture dated between, &o., 
 
 , or, a Mortgage dated between 
 
 or, a Policy of Insurance granted by 
 
 Mutual Insurance 
 Company"^ or the lieu of (a) us 
 
 a Vendor for the purchase money or part.) 
 
 If the incumbrances be many, it will be better to 
 name them in the Schedule, as authorized by the Statu- 
 tory form, rather than embody them in ihe petition. 
 
 {In case any charges or incumbrances, apparently 
 existing, be not admitted, so that the petitioner is not 
 willing to take a certificate subject thereto, and the 
 petitioner denies the same, or claims paramount or 
 adversely thereto, then the petition will be varied and 
 
 •Under Con. Stat., c. 52, § 67, the interest of the in- 
 sured in the property stands pledptd to the Company. 
 
54 LAW AND PRACTICE FOR QUIETING TITLES. 
 
 such charges, Sfc. will be set out as in the Statutory 
 form ** That the onii/ persons claiming any charges, 
 ^0." Thus, if a petitioner is willing to take a Certi- 
 ficate suhject to an incumbrance, he excepts it; if, 
 however, he claims adversely to it, as for instance, con- 
 tending that the incumbrance is barred by time or by 
 payment, and presumption of reconveyance or otherwise, 
 he sets forth the incumbrance as in the form, and those 
 claiming under it will.be regarded as adverse claim' 
 ants, and the certificate tvill be subject to their claim, 
 or on proper proceedings, and notice to them, they will 
 be barred.) 
 
 {If the names of parties having any estate or interest 
 cannot be ascertained,' as in case of absent heirs, it will 
 suffice to describe them by nomen collectivum as the 
 heirs at law of, Sfc.) 
 
 Mem. 1. Petition to be signed by applicant or soli- 
 citor, with address, so that the acting Referee may com- 
 municate with him by mail, if necessary. 
 
 2. Endorse petition with the name of any local Master, 
 or of one of the Referees of Title in Toronto. See 
 .Orders, Nos. 4, 5, 6, of 1867. 
 
 If a local Master be selected as Referee, and not one 
 of the Toronto Referees, then one of the latter must act 
 as Inspector, Order 5. On the petition is to be en- 
 dorsed the name of one of the Inspectors, Order 4, who 
 will act as such, and with whom the master will corres- 
 pond for advice, &c.. Order 7. 
 
 Where a local Master is selected as Referee, and the 
 name of an Inspector is not endorsed, the Toronto 
 Referees will act in rotation, Order 5. 
 
 If the petitioner desires, he can refer at once the 
 petition to one of the Toronto Referees, without the 
 
REMARKS AS TO SECTION 5. 
 
 55 
 
 
 interventioii of any local Master, in which case the en- 
 dorsement will be of the name of such Toronto Referee 
 only, and he will hear and correspond by mail, as the 
 case may require. 
 
 3. Where a local Master is selected as a Refbree, the 
 petition must be sent to the Inspector, whose name is 
 •endorsed for entry before filing. See Order 6, of 1867. 
 The prior stamping the petition is advisable, as in such 
 case, the Inspector can file it at once with tfic Regis- 
 trar instead of returning it to the Solicitor to be stamped. 
 
 REMARKS AS TO SECTION 5, CLAUSES 
 
 1, 2, 4 & 5. 
 
 Clause 1 : Evidences of Title. — By this is meant 
 more especially written documents oth<?r than deeds, 
 and not proof of facts, which are provided for by cl. 5. 
 
 Powers of attorney under which deeds are executed 
 require to be produced, or secondary evidence as in the 
 case of any other title deed, and, except in cases coming 
 within 29 Vict., c. 28, §§ 23, 24, evidence must be 
 given that at the time of acting on the power, the donor 
 thereof was alive. 
 
 Clause 2 : Copy of Memorials to time of Registry 
 of Certificate. — This shows that the particulars to 
 support the application are not to be delivered to the 
 Referee till after certificate of filing petition is granted 
 and registered, for it is impossible to produce prior to 
 the grant of certificate a certified copy of all memorials 
 up to a subsequent period, viz., registry. 
 
 In writing to the Registrar for certified copies of 
 memorials, if the applicant intends to use them as 
 evidence, he must at the same time get a certified copy 
 of aflSdavits of execution. 
 
56 LAW AND PRACTICE FOR QUIETING TITLES. 
 
 Clause 3; Concise Statement of Facfs nocesasiry to 
 make out tho title not appearing on documents produced 
 — as title by length of possession, descents, deaths, &c., 
 with dates if possible. 
 
 Clause 4 : No Abstract need be 2^ro(luced — Under 
 the English practice of Conveyancing, the Vendor's 
 Solicitor is bound to furnish to 'the Vendee's Solicitor 
 an abstract of title : this sets out the whole title and 
 gives the material particulars of each instrument, and 
 of each fact necessary to make out a good title, but 
 gives no proof; all is supposed to be true as stated, and 
 capable of proof. The Vendor's Solicitor peruses the 
 abstract, and notes in the margin his objections, which 
 are termed requisitions, as, for instance, that a wife is 
 not shown to be dead or to ha\ e barred her dower. The 
 abstract is n-eturned with the requisitions, which arc 
 answered, and so the matter goes on till the Vendee's 
 Solicitor is satisfied, or the parties are at issue on some 
 point, or the title found defective. If the title is at 
 length cleared up on the abstract, the title deeds, evi- 
 dence, and proof are now for the first time produced 
 and gone into, and it is seen whether what is stated in 
 the abstract is true; i. e., whether such a deed ab- 
 stracted does convey in the manner stated in the abstract. 
 This is termed verifying the abstract. 
 
 No abstract is to be produced as required by the 
 English practice setting out fully and minutely the 
 description of parties and of lands, &c. ; but still, the 
 Referee should prepare an analysis of the title, as being 
 requisite not only for himself, for a full and clear appre- 
 ciation of the title, for ready reference, to avoid over- 
 sight and mistakes of memory as to defects and evidence 
 wanting, and how supplied and removed, but also for 
 
FORM OP REOISTRAR's CERTIFICATE, 
 
 57 
 
 information to, and reference by, the Judge. — Sec fur- 
 ther Forms of Analysis. 
 
 Clause 5: Froof of Facts not established by pro- 
 duced deeds and muniments of title, as length of posses- 
 sion, loss of deeds, searches therefor, and contents thereof, 
 marriages, births, deaths, &c. — See § 10, 9, and the 
 Forms of Analysis. 
 
 These proofs should accompany the deeds and other 
 particulars when sent to the Referee, except in cases 
 where viva voce testimony has to be given. 
 
 Where no wife joins in a conveyance, evidence should 
 be given that the grantor was unmarried, or that dower 
 does not attach, or is barred by time, devise or other- 
 wise, or that the widow is dead. 
 
 Clause 6 : Affidavit of Applicant. — See Form, and 
 remarks thereto ; see also §§ 6 & 7. 
 
 Certificate of Counsel. — See Form, and remarks 
 thereto ; see also § 8. 
 
 FORM OF REGISTRAR'S CERTIFICATE 
 UNDER §3, SUB-SEC. 3, OF THE ACT. 
 
 I, , Registrar, (or Deputy Ref/istrar), 
 
 of , certify that there are no instruments or 
 
 proceedings registered in the Registry Office for 
 
 , affecting the lands hereinafter named (describe 
 them in manner as they will require to he set forth in 
 Certificate of Title) ^^ except (specify ^ if any, giving 
 
 * The Registrar must necessarily specify the land to 
 which his certificate relates with particularity, and hence 
 it will be seen that this is one reason why the petition 
 must also do so, otherwise the petition and Registrar's 
 certificate would not be identical.— See further note, in 
 i^'orm of Petition. 
 
58 LAW AND PRACTICE FOR QUIETING TITLES. 
 
 names of parties, their Solicitors ^ if any, and addresses, 
 if any, in cases of proceedings in Chancery or the 
 County Court on its equity side), 
 
 (Signed), 
 
 Mem. — As to the necessity of this certificate, see sec. 
 5, 1. 2 and '6, of the Act. This certificate must be 
 obtained after the registry of the filing of the petition 
 
 AFFIDAVIT OF PETITIONER IN SUPPORT 
 
 OF PETITION. 
 
 In the matter of 
 
 I, of the applicant in the 
 
 above matter make oath and say : — 
 
 1 . I am the owner of the estate (or interest) claimed 
 
 by me in my petition in this matter (or repeat os in 
 
 the li'ords of the petition) subject only to the charges 
 
 and incumbrances set forth in the petition, {or in the 
 
 scJiedule thereto, {or, that there is no charge or incum- 
 brance affecting the lands. 
 
 2. That the deeds and evidences of title which I pro- 
 duce in support ot my application herein, and of which 
 a list is contained in the schedule of particulars pro- 
 
 In case a prior certificate or abstract has been given, 
 take the following as a further form : — 
 
 I certify that no instruments or proceedings have been 
 registered in the llegistry Office of up to this 
 
 <iate, except as above mentioned, and except the folloAving 
 which are registered since the date of the above certificate. 
 
 ^ 
 
AFFIDAVIT OF PETITIONEH. 
 
 59 
 
 vided by me in support thereof,* and herewith 
 shown to me and marked with the letter A, and 
 also the title deeds and evidences of title in my possess- 
 ion or power, and the following title deeds and evidences 
 of title are in the possession or power of , 
 
 of , namely (specift/ them, or if numerous 
 
 name them in a schedule, in which case the affidavits 
 will he varied accordingly, and marked and identified) 
 and that as regards the following title deeds and evi- 
 dences of title I am not aware who has the custody or 
 control thereof, namely, {specify or give schedule as 
 above) and that for the said title deeds and evidence 
 whereof I a,m not aware who has the possession, I have 
 caused the following search to be made, namely, {shew 
 sufficient to let in secondary evidence. )'\ 
 
 3. I am not aware of the existence of any claim 
 adverse to or inconsistent with my own to any part of 
 the land claimed by me or to any interest therein {except 
 — specify the adverse claim if any, with name and ad- 
 dress of claimant if known — and hoio the claim arises. 
 
 4. I am (or John Doe, yeoman is)X in possession of 
 the land (shew under what claim right or title; and 
 that to the best of my knowledge possession has always 
 accompanied the title) under which I claim {or how 
 otherwise)^ {or say ;) always since the year 
 
 ♦ The Commissioner administering the affidavit should 
 identify the instruments as usual. 
 
 f See remarks and cases under head of proofs and evidence, 
 
 X The fact of an adverse claimant being in possession 
 will not prevent an application being made, of course 
 notice will be given to the occupant and he will be barred 
 or not according to the circumstances. 
 
 § See order No. 10, 1867.— It will generally suffice to go 
 back 20 years only as to possession going with the title. — 
 
60 
 
 LAW AND PRACTICE FOR QUIETINO TITLES. 
 
 !^l 
 
 accompanied the title under which I claim, in which 
 year one through whom I claim took posses- 
 
 sion, and prior thereto the land was in a state ^f 
 nature. If an adverse claimant has been dispossessed 
 by process of law or otherwise, state the fact and give 
 particulars. 
 
 If the applicant cannot give a complete account as 
 to possession, or can p;ive none at all, let him shew some 
 sufl&cient reason therefor." 
 
 6. To the best of my knowledge information and 
 belief this affidavit and the other papers produced here- 
 with in support of my application which are set forth 
 in the said schedule of particulars fully and fairly dis- 
 close all facts material to my title^ and all contracts 
 and dealings which aflfcct the same or any part thereof 
 or give any right as against me. 
 
 6. I am not aware of any Insurance^ effected with 
 any Mutual Insurance Company by any former owner 
 of or person interested in the said lands or any build- 
 ings thereon, nor do I believe there was any such nor 
 
 Where possession docs not accompany the right of possess- 
 ion, and some other than the person claiming has been or 
 is in possession without, or against the assent of the claim- 
 ants or of any one through whom he claims, suspicion at 
 onco arises that such occupant had or has some claim or 
 title. — Possession indeed is primd facie evidence of seisin in 
 fee. — The applicants therefore must displace any possess- 
 ion except under the claim of title, or if any has existed, 
 account for it, and remove the suspicion which will other- 
 wise exist in the mind of the Referee — unless satisfactor 
 accounted for it is probable that the Referee would reqii 
 notice of the application to be given to the occupant. — 
 Adverse possession at the time of applying will not prevent 
 the Statute applying and on proper proceedings the occu- 
 pant may be barred. 
 
 *See ante p. 53 n. * , 
 
CERTIFICATE OF COUNSEL. 
 
 61 
 
 have I myself effected any 8uch insurance — {or saij, 
 that there Jiever were any builditir/Sy if the fact be so, 
 or as the facts way be). 
 
 7. That there are no arrears of taxes on the said 
 lands. 
 
 8. That to the best of my knowledge and belief no 
 person or body eorpornle h;is any rii^lit of vr.-iy, or of 
 entry, or of damming back water, or of overflowing, or of 
 placing or maintaining any erection, or of preventing 
 the placing or maintaining any erection, on in to, or 
 over the said lands other than myself (^aml yive names 
 and addresseSy if possible, of any parties having any 
 easement or right, and state the nature there(f) and 
 the said land is not subject to any easement or dominant 
 right whatever (except as aforesaid. 
 
 CERTIFICATE OF COUNSEL. 
 
 Section 5, Clause G, and Section S. 
 
 In the matter {as to heading see remarks p ) 
 
 T, of (Barrister or 
 
 Attorney at Law) hereby certify that as ( Counsel or 
 Solicitor) for in this matter, I have 
 
 investigated his title set forth in his petition, and believe 
 him to be the owner of the Estate which he claims in 
 the petition (subject only to the charges and incum- 
 brances therein set forth). 
 
 I further certify that I have conferred with the Ap- 
 plicant on the subject of the various matters set forth 
 in his ajE&davit in support of his petition and believe the 
 same to be true.* 
 
 *The Counsel or Solicitor is? of course not bound by the 
 
62 LAW AND PRACTICE FOR QUIETING TITLES. 
 
 SCHEDULE OF PARTICULARS. 
 
 Sec. 5, clause 7, should be headed '' In the matter," 
 and signed, and identified in the usual way by the 
 Commissioner as the exhibit referred to in the affidavit 
 of the petitioner. 
 
 Everything produced must be enumerated in the 
 Schedule, and shortly therein described j and on each 
 deed, memorial, affidavit, &c., produced, should be en- 
 dorsed an alphabetical letter, and the same letter should 
 appear in the Schedule, opposite to each. The Judge 
 may dispense with proofs, &c. The Referee acts as 
 Judge (see sec. 5 of the Act.) Where viva voce evi- 
 dence has to be given, the proof is necessarily dispensed 
 with till a future stage. 
 
 Form of Schedule of Particulars. 
 
 1. A, Affidavit of John Doe. 
 
 2. B, Conveyance, Brown to Jones, dated 
 
 3. C, Letter, Jones to Robinson, dated 
 
 4. D, Probate Robinson's Will. 
 
 Petitioner to sign Schedule, and Commissioner to iden- 
 tify it in the usual way, as it is an exhibit and referred 
 to as such in the affidavit of applicant. 
 
 J 
 
 FORM OF CERTIFICATE OF PAYMENT OF 
 
 TAXES— Sec. 16. 
 
 Treasurer's Office, Co. of York, 
 Toronto, Ontario, day of 1867. 
 
 I certify that no charge for arrears of taxes appears 
 
 petition, and if any claim or charge or material fact or 
 matter exists not set forth in the petition, he should men- 
 tion it. — The Petitioner in such case should reconsider the 
 Petition. 
 
sheriff's certificate as to sales. 
 
 63 
 
 at the date hereof on the books in this office against the 
 following lands in the County of York, viz- : Lot No. 
 27, in the first concession of the Township of Vaughan. 
 And T certify that the Assessment Roll for the year 
 1856 has been deposited in this office. , 
 
 A. B., Treasurer. 
 
 If the Roll has not been carried in, the certificate 
 must be signed by the Treasurer without the words in 
 italics, and a similar certificate for the past year must 
 be signed by the Township Treasurer with those words ; 
 and if the Roll has not been returned to him, a receipt 
 for the taxes for the past year by the collector of taxes 
 will be sufficient, but the Treasurer's certificate t. 11 be 
 required to shew that there are no previous arrears of 
 taxes* 
 
 
 SHERIFF'S CERTIFICATE AS TO SALES. 
 
 Sheriff's Office, Toronto, 
 County of York. 
 
 I hereby certify that Lot No. 27 in the first con- 
 cession of Vaughan in the said County, has not been 
 sold by me under any writ of execution since the 
 day of , 1867,* nor for taxes since the day 
 
 of , 1866,t up to the present date. 
 
 Dated the day of , 1867. 
 
 A. B., Sheriff. 
 
 • Six months previous to the rogistiy of the ccrtiricate 
 that the petition is filed. 
 
 t One year and six raonthH previous ther<}to. 
 
 i\ 
 
64 LAW AND PRACTICE FOR QUIETING TITLES. 
 
 Sheriff's Office, Toronto, 
 County of York. 
 I hereby certify that I have no writs of execution in 
 my office against the hmds of A. B., C. D., E. F., or 
 any or either of them, at the date hereof. 
 
 A. B., Sheriff 
 
 Note. — The Court allows the Sheriff 25 cents for 
 each search, and 50 cents for the certificate, in which 
 all the names are to be inserted. 
 
 i 
 
 AFFIDAVIT OF CROWN DEBTS. 
 
 Note, if the Applicant wishes to avoid the expense of 
 this Affidavit, and of the requisite searches, he may, in 
 his petition, except the claim of Iler Majesty. 
 
 In the matter of, &c. 
 
 I, A. B., of make oath and say, that I 
 
 have carefully searched the Begister in the Office of the 
 Clerk of the Court of Queen's Bench, in Toronto, and 
 I say that there has not been registered therein, any 
 Deed, Bond, Contract or other instrument, whereby 
 any Debt, Obligation or Duty, was incurred or created 
 to Her Majesty on the part of Henry Tliomas, the 
 petitioner, in this matter, or on the part of C. D. E. F., 
 &c.,* save and except the several Bonds or Instruments 
 named, and set forth in tlie Schedule hereunder written. 
 
 • Hero name all persons who prior to the Statute 29 & 30 
 \Mct., V. IM, liave had any t-Htute in the land. 
 
 For ncce.ssity for Registry of Crown Debts, .see Con. 
 fStat., c. 5. 
 
 Since 15tli August, 18G6--2Wth and 30th Vic, c. 43. 
 Crown debts thereafter incurred, no longer bind the lands 
 of the obligor m theretofor. 
 
FORM OP ADVERTISEMENT. 
 
 The Schedule alovc referred to. 
 
 No. of Date of 
 
 lustra- 
 
 Penal 
 
 For wlmt purpcse 
 
 Instrmneiit. Iiistruineut. 
 
 meat. 
 
 Sum. 
 
 executed. 
 
 V'JOT. 29tliMay, 18-ir. 
 
 Bond. 
 
 £500. 
 
 Surety for A. B. 
 Cu.stom's Officer 
 
 
 
 
 Division Court. 
 Clerk or other 
 Officer. 
 
 8111. 25th Jan, ,1850. 
 
 Bond. 
 
 £1000. 
 
 The like. 
 
 . 
 
 A JRM OF ADVERTISEMENT. 
 
 See Section 12 of the Act, and Order No. 13 
 
 OF 18G7. 
 
 In tlie matter of '1^ 
 
 Notice is hereby given, that John Thomas, of the 
 City of Toronto, Esquire, hath made appHcation to the 
 Court of Chancery for a Certificate of Title to the above 
 mentioned property, under " The Act for quieting 
 Titles to Real Estate in Upper Canada," and hath pro- 
 duced evidence, whereby he appears to be the owner, 
 (describe the interest, as it loill he set out in the Cer- 
 tificate of Title') ^ wherefore, any other person, having 
 or pretending to have any title to or interest in the said 
 land or any part there f, is required on or before 
 
 day the 
 now next ensuing to file a statement of his claim in my 
 ofiice, and to serve a copy on the said John Thomas, or 
 on his Solicitor, in this matter, at his 
 
 *The Referee prepares the advcrti.sement, see Order 13 
 of 18G7. He is not bound by the heading given by the 
 Petitioner in his petition, if he thinks it does not sufficient- 
 ly give notice to the world, and he should act nccord- 
 iugly. 
 
6Q LAW AND PRACTICE FOR QUIETING TITLES. 
 
 office, in the city of London, (or elsewJiere as may he) 
 and in default, every such claim will be barred, and the 
 title of the said John Thomas become absolute and in- 
 defeasible at Law and in Equity, subject only to the 
 reservations mentioned in the 17th Section of the said 
 Act therein mentioned, numbered and to the 
 
 following charges and incumbrances/'^ 
 
 To be inserted in the Canada Gazette on the 1st and 
 15th days of next, and in the 
 
 on the 8th and 23rd days of the same month, or 
 on the day of publication, in the week ending nearest 
 to those days, and to be put up and continued on the 
 door of the Court House of the County, and in some 
 conspicuous place in the Post Office nearest to the 
 lands. (See Order 13.) 
 
 Dated this day of IS 
 
 (Signed), 
 
 Referee of Titles. 
 
 FORM OF NOTICE. 
 
 In the matter of 
 by direction of of 
 
 the 
 
 * If a petitioner desires that charges and incumbrances 
 should not appear in the advertisement, at his request 
 they may be omitted, but in such case the owners of the 
 charges or incumbrances must be served with a notice by 
 mail or otherwise, stating that by direction of the Referee, 
 their claims are excepted as set forth in the Petition, (and 
 mentioninff to ivhat extent they are admitted aa existing). See 
 the form below. 
 
 A copy of this notice must be sworn to as mailed (with 
 the address to which mailed) and produced to and filed with 
 the Referee. 
 
PROOFS AND EVIDENCE. 
 
 67 
 
 Referee in this matter, you are hereby notified that 
 
 of hath made an 
 
 application to the Court of Chancery for a Certificate 
 of Title to the above property, subject to your claim? 
 (a* set out in the petition). 
 
 PROOFS AND EVIDENCE. 
 
 §.§.,9,10,11. 
 
 It is impossible in a work of this nature to do more 
 
 than refer to the text books on the subject. The prac- 
 titioner must not suppose that because great latitude 
 is allowed as to proof and the Referee under section 11, 
 if dissatisfied with the evidence produced, is to refer the 
 case back, that this will warrant a loose or careless at- 
 tention to the proof; such a course may materially affect 
 the costs under sec. 23 and the conduct of the Referee in 
 case the evidence be insufficient after ho has once, under 
 section 11, referred the case back. When a case has 
 been fairly got up in the first instance the Referee or 
 inspector will probably give the applicant the benefit of 
 his advice and assistance on any difficult point, and 
 give every reasonable opportunity to clear it up. 
 
 Apart from the ordinary works on evidence applicable 
 in cases before the courts, the following may be referred 
 to. Dart on Vendors, the chapter on the Abstract, es- 
 pecially that part relating to the verification: so also 
 Sugden on Vendors, chapters 10 and 11., 13th Edition, 
 Hubback on Succession — Lee on Abstracts — Coventry 
 on Conveyancers evidence — Atkinson on Titles. 
 
 It is of frequent occurrence that title deeds are said 
 to be lost or destroyed and the party claiming under 
 them desires to give secondary evidence of the contents 
 by memorial or otherwise. 
 
68 LAW AND PRACTICE FOR QUIETING TITLES. 
 
 In such case proper evidence of search in the proper 
 quarter must be given or evidence of destruction, before 
 the secondary evidence can be received. When this 
 evidence is given the question frequently arises how far 
 the memorial signed by the grantor or grantee with 
 proof of its execution is good secondary evidence. As 
 to this see Hayball v. Sheppheard 25 Q. B. U. C. 53G. ; 
 Fields V. Livingston 17 C. P. U. C. ; Russell v. Fraser 
 15 C. P. U. C. 375 and the cases in those cases referred 
 to. It is always important, but sometimes essential, 
 especially if the memorial be executed by the Grantee 
 only, to show that possession has gone with the deed. 
 
 "Where the Patent is not produced there must be 
 produced an exemplification or certified copy. (The 
 latter costs least.) 
 
 Tne following extracts from Hubback on Succession 
 should be referred to in questions as to evidence, and 
 remarks p.p. 
 
 In conclusion, it may be repeated that every thing 
 should be prepared and sent perfect to the Referee at 
 one time, as if any matter requisite to support the appli- 
 cation be wanting, he is not bound to receive the papers, 
 and if the proofs and evidence be defective, it occasions 
 delay and expense and additional fees to the Referee. 
 See Rule. 
 
 HUBBACK ON THE LAW OF SUCCESSION. 
 Part I., Chap. 3, P. 62. 
 PROOF OF TITLES IN CONVEYANCINa. 
 Evidence of testate and intestate succession to pro- 
 perty is required not only in adverse or active proceed- 
 ings to establish claims by parties out of possession, but 
 also for the purpose of proving to the reasonable satis- 
 
UUBBACK ON TUK LAW OF SUCCESSION. 
 
 69 
 
 faction of purchasers the titles of vendors of property 
 which has been so acquired or transmitted. The subject 
 matter of the evidence is of course the same on both 
 occasions ; but the dilTerence in the objects of it, and 
 the modes of examining it, has given rise to several 
 variations between the practice of Conveyancers and 
 that of the Courts, both in regard to the admissibility 
 and sufficiency of such evidence. The particular dis- 
 crepancies will be more conveniently stated under the 
 head of the species of facts to which the evidence re- 
 lates, and the general distinctions only will be here 
 adverted to. 
 
 In weighing the sufficiency of evidence, the practice 
 of Conveyancers is more strict — in determining its 
 admissibility, more lax — than that of Courts of Jus- 
 tice. The former seems to be an eiOfect of the difference 
 in the position of the parties ; the latter, of the differ- 
 ence in the powers and functions of those by whom the 
 evidence is judged. 
 
 The purchaser in hondjide transactions, by the mere 
 possession of his purchase money, shews and offers to 
 pass an indfeputable title to it ; whilst the title to land 
 not appearing by possession, he cannot have the same 
 assurance of the vendor's right to the equivalent bar- 
 gained for. The certainty of a good title which he 
 may acquire, is, according to Lord Hardwicke,* a 
 moral, and not a mathematical certainty. The familiar 
 rules, that though he is not to object to a bare possi- 
 bility, he will not be compelled to accept a doubtful 
 title,t leave it to be defined what objections suggest 
 mere possibilities, and what suggest doubts. This 
 much seems to be settled ; that higher evidence is neces- 
 
 ♦ 2 Atkins, 20. 
 tSug. V. and P. 339, 351, 9th Ed. 
 
70 LAW AND PRACTICE FvOR QUIETING TITLES. 
 
 sary than such as would merely prevail in ejectment. 
 There are erroneous judgments upon defective or unsound 
 evidence which may be cured by another ejectment ; but 
 if the doubts upon a title should after completion ripen 
 into defects, the purchaser may find it impossible to 
 regain the position which he held before the contract. 
 What Lord Eldon observed of Legitimacy seems to be 
 true of any other matter of fact expressly or impliedly 
 alleged on the abstract : that a jury ma) collect the fact 
 from circumstances, and yet the court would not compel 
 a purchaser to take the title merely because there was 
 such a verdict. The court will weigh whether the doubt 
 is so reasonable and fair that the property is left on 
 his hands not marketable. -i* The rule applies generally 
 to presumptions of fact, which conveyancers are slower 
 of raising than Courts of Justice. Thus a seven years' 
 absence without tidings, though it prevails as evidence 
 of death in ejectment, is clearly insuflBicient as between 
 vendor and purchaserf and several other illustrations of 
 the rule will appear in the second part of this work. 
 
 Besides the greater diflficulty of retracing an erroneous 
 step, there exists another cause of difference fri)m foren- 
 sic practice, the more extensive office of Conveyancer's 
 evidence, which is to afford reasonable satisfaction to 
 the purchaser, that tlie title is good against all the 
 world, and not merely like that of evidence in litigation, 
 that it is sufficient to prevail against certain contending 
 parties. In this particular a Vendor's evidence resem- 
 bles that of a claimant of peerage : it is not to shew a 
 better or preferable title relatively to any other, but to 
 prove that the title is certainly and exclusively in the 
 party asserting it. For this reason, the numerous de- 
 
 *S. Ves. 328. 
 
 fSee part 2, c. 2, page 185 Hubback. 
 
VENDORS LIKN. 
 
 71 
 
 cisions of the House of Lords, cited (inost of them for 
 the first time), in this work, upon the sufficiency of 
 certain pieces of evidence to establish certain facts, as 
 failure of issue, marriage, legitimacy, identity, are it is 
 apprehended authorities important to the Conveyancer.* 
 Again, Conveyancer's evidence is for the most part 
 necessarily exparte. A Vendor may therefore be re- 
 quired to furnish evidence which would be elicited by 
 adverse proceedings, to prove or disprove facts, which, 
 if he were a party litigant, it would be the business of 
 his opponent to negative or establish. The heir in 
 ejectment, either by or against him, or as a party to a 
 suit in equity, need not adduce proof that his ancestor 
 died intestate, it resting with his adversary to prove 
 the affirmative fact of a will, if there is one. 
 
 VENDOR'S LIEN. 
 
 Vendor's lienf exists for the purchase money unpaid, 
 and is in the nature of a charge on the property as 
 against the vendee, and all claiming under him, except 
 purchasers of the legal estate for value v/ithout notice. 
 Thus the absence of the receipt endorsed for the pur- 
 chase money is considered notice that the purchase 
 money has not been paid, even though the receipt has 
 been acknowledged in the body of the deed. 
 
 ♦These decisions have the peculiar value of being judg- 
 ments by the Law Lords upon the sufficiency as well as the 
 admissibility of evidence, Lord Eldon observed, in his 
 spet. on the Banbury case, that their Lorships sat there 
 as judges, and also that they performed the fimctions of a 
 jury. 
 
 jFor the law, see Mackreth v. Summons, 1. White and 
 Tudor's Leading Cases, Sugden, and Dart on Vendors. 
 
r 
 
 72 LAW AND PRACTICE FOR QUIETING TITLES. 
 
 The Solicitor therefore, should, in case of absence of an 
 endorsed receipt, furnish some evidence of payment, or 
 that for any other reason the lien does not exist. 
 
 As a general rule, the burden is on a purchaser of 
 shewing that the lien for unpaid purchase money does 
 not exist, and the mere fact of taking mere personal 
 security as a bond or note for the purchase money is 
 not of itself, without more, sufficient evidence of an in- 
 tention to abandon the lien. A mortgage on the land 
 sold* (or on other lands) for the purchase money is an 
 abandonment of the lien. ' ^ 
 
 The lien may be barred by the Statute of Limita- 
 tions* Parol evidence is admissible to show that the 
 lien was abandoned. 
 
 * Baldwin v. Duigan, 6 Grant. 
 
ANALYSW. 
 
 73 
 
 ANALYSIS TO BE MADE BY THE MASTER 
 
 ON INVESTIGATING A TITLE, WITH NOTES 
 INTENDED FOR HIS ASSISTANCE. 
 
 Lot No. 6, and South half of Lot No. 5, in tho first 
 
 concession of the Township of Vaughan, in the County 
 
 of York. 
 
 JOHN THOMAS, Petitioner. 
 
 HENRY SCOLLER, Solicitor 
 
 No. 1. Petition flled 1 June, 1857. 
 
 2. Affidavit. 
 
 3. Schedule of Papers. 
 
 4- Certificate of Solicitor. 
 
 5. Regiitrar'a Abstract. 
 
 6. Sheriff's Certlflcate— No 
 
 Writs of Execution. 
 
 7. No Sales for Taxes, or un- 
 
 der Executions. 
 
 8- Statement of facts. 
 
 9. Affidavit as to Cr- Debts, 
 Proceedings with any 
 Affidavits as to posses- 
 sion, dower, to,, or other 
 incumbrances. 
 
 Date of filing with Referee. 
 
 Must be signed by petitioner, and 
 marked as Exhibit by Commissioner. 
 
 Must be carried down to Registrar's 
 Certificate that petition is filed. 
 
 See as to these Certificates the several 
 Forms ante. 
 
 This maybe made by either the petit* 
 
 ioner or his Solicitor. 
 This roust specifythe purpose for which 
 
 the Bonds were executed. 
 
 INBTIUMBNTB 
 OJ COKVBTAWCE. 
 
 These Notes are for the purpose of 
 drawing the Referee's attention to 
 the several proofs required. 
 
 Mh April, 1797. 
 A. The Crown to Peter Lee, in 
 fee. 
 
 28M April. 1845. 
 6. Timothy Uespeler to David 
 Scott, in fee. 
 
 C. David Scott to Timothy Hes- 
 peler, redeemable. 
 
 20^;^ June, 1867. 
 CC. Timothy Hespeler to Johi 
 Thomas, Petitioner. 
 
 If not produced, a certified copy mtist 
 be obtained and produced berorethe 
 papers are laid before the Referee. 
 
 The title must be deduced from the 
 Patentee to the first grantor, say 
 Uespeler, and possession must be 
 shewn in Hespeler and the subse- 
 quent owners. If the deed was exe- 
 cuted by Attorney, the power must 
 be proved, and Hespeler must be 
 shewn to be living when the deed 
 was executed under the power, and 
 that he was not married, or that his 
 wife's dower was barred. 
 
 Means that it was a mortgage. 
 
 rhis Deed of Release merged and extin< 
 guished the mortgage. 
 
74 LAW AND PRACTICE FOR QUIETING TITLES. 
 ANALYSIS OF TITLE, kc— (Continued.) 
 
 IHSTBUMENTS 
 
 01 CoNyBTi.ircB. 
 
 These Notes are for the purpose of 
 of drawing the Referee's attention 
 to the several proofs required. 
 
 Itth June, 194S. 
 D. David Soott to Samuel Reed, 
 in fee- 
 
 Same date. 
 E- Reed aud ux to David Scott, 
 redeemable.' 
 
 2nd February, 1847. 
 EB. David Scott to RobertCath- 
 oart, Assignment. 
 
 Ut June, 1846. 
 
 F. Reed devised to Ross and 
 
 others, as Trustees, with 
 
 power to sell. 
 
 3rd February, 1847. 
 
 0. Ross and others. Trustees, 
 
 sell and convey to An 
 drew Gray, in fee. 
 
 Same date. 
 
 H. Graf and ux to Ross and 
 
 others, redeemable. 
 
 27th December, 1849. 
 
 1. Roos and others to Andrew 
 
 Gray. 
 
 21th April, 1880. 
 K. Gray et ux to Francis Green, 
 in fee. 
 
 Was Scott married, if so, the dower of 
 the wife must be shewn to be ex* 
 tinct, or it must be barred- 
 
 If amortgaxe is stated to be discharged, 
 copy or discharge certified must be 
 produced. 
 
 ,If deeds are not produced, they must 
 be so, or good cause shewn. 
 
ANALYSIS. 
 
 7ft 
 
 tA, (L r- 
 
 c > " 
 
 " S c 
 
 4.» CJ 4J 
 
 ^^ a 
 
 V^ ^ 
 
 ^ W 
 
 -St- a 
 
 i^ ^ 6t 
 
 -^ 2 c 
 
 fl :-< re 
 
 •r~ o 
 
 .^ u *^ 
 
 u o -— 
 
 _. ^* ^i1 
 
 1 = " 
 
 eC 
 
 O ^ 
 
 £ " fl 
 fl d 4) 
 
 
 be 
 
 
 
 3 
 
 
 
 bC 
 
 
 «-^ 
 
 c 
 
 
 ee -^ 
 
 -«j 
 
 
 CC Oj 
 
 <u 
 
 , 
 
 •"' M 
 
 03 
 
 p 
 
 
 ^ 
 « 
 
 a 
 
 o ce 
 
 
 
 >— « 
 
 (ft 
 
 
 S4f 
 
 o 
 .c 
 
 
 V lU 
 
 Vm 
 
 «C 
 
 
 ce 
 
 o; 
 
 H-ri 
 
 •• 
 
 ^ 
 
 
 Ti 
 
 '«j 
 
 TS 
 
 ^ 
 
 1^ 
 
 a 
 
 c 
 
 <-) 
 
 <e 
 
 e 
 
 vm 
 
76 LAW AND PRACTICE FOR QUIETING TITLES. 
 
 NOTICE TO A PERSON APPARENTLY 
 INTERESTED. 
 
 Sections 14, 19, 20, and Order No. 14 of 1867. 
 
 In the matter c ' (see note, 2i. — ). 
 
 Take notice that John Doe, of the City of Toronto, 
 Esqnire, hath made an application to the Court of 
 Chancery for a certificate of his Title to the above men- 
 tioned property, under '' The Act for quieting Titles to 
 Real Estate in Upper Canada," claiming to be entitled 
 thereto as (set out as in iKtitiov') ; and take notice that 
 if you claim any interest therein you must lodtro your 
 claim in writing, stating the particulars thereof, at my 
 chambers in , on or before the 
 
 day of , now next ensuing, and serve a 
 
 copy on the said John Doe {give the address) or Rich- 
 ard Roe, his Solicitor, at his office in (give the address)^ 
 and, in default thereof, any claim, right, or interest you 
 may have therein at law or in equity will be for ever 
 barred and extinguished. 
 
 Given under my hand this day of 18 
 
 Referee of Titles. 
 To {name the parties to be served, with their address). 
 
 ADVERSE CLAI3I. 
 
 Section 19. 
 
 In the matter 
 A. B. of 
 
 (occupation) 
 
MEMORANDUM OF FINDING OF MASTEi^ 
 
 77 
 
 claims to be owner of the said lands {or of part of the 
 said lands) described as follows :* 
 
 (Signed), A. D. 
 
 or D., Solicitor for A. B., give address. 
 This should be filed witli the affidavit required by 
 Section 20, with the Referee who is acting. It is ad- 
 visable at the foot to add the Post Office address. 
 
 AFFIDAVIT VERIFYING ADVERSE CLAIM. 
 
 Section 20. 
 
 In the matter of, (as in notice to file). 
 I, A. B., of make oath and say, that 
 
 to the best of my knowledge and bel' ^f, I am the owner 
 of the estate {or interest), which is claimed by me in 
 my notice of claini in this matter.f now produced to 
 me marked with tlie letter A, subject only to, &c., {as 
 the case inmj hc^. 
 
 MEMORANDUM OF FINDING OF MASTER. 
 
 Section 20. 
 Memorandum of finding of M^.- .;<)r on defective proofs 
 of Title, under order No. 12, to be delivered to the 
 Petitioner, or his Solicitor. 
 
 In the matter of Lot &c., &c.j 
 I have perused this Title and I find the proofs thereof 
 
 • And he so claims, as tlie mode m the claim can be 
 framed from the ;orm of claim of an applicant, see ante 
 form of petition. 
 
 t This should be referred to as an exhibit and marked by 
 the Commissioner. 
 
78 LAW AND rRACTICE FOR QUIETING TITLES. 
 
 defective in the following particulars, {set them forth 
 shortly^ in some such form as the following^ . 
 
 1. The Dower of Mary, the wife of James Harris, 
 docs iioii appear to be e5ectually barred she not having 
 executed the deed or not having been examined before 
 a Judge or Magistrates, no receipt for consideration 
 money is endorsed on Deed from Jones to Smith, and 
 no evidence is given to meet the difficulty. 
 
 3. The dischargeof the mortgage to Henry Brock is 
 not produced. 
 
 4. There is no evidence that Isaac Brock was living 
 when his conveyance by Attorney to John Johnson was 
 executed. 
 
 5. The will of Thomas Brock has not been produced. • 
 
 6. 11 is not shown that John Ross was not married 
 when he conveyed. 
 
 7. The Estate descended to Mary the wife of John 
 Gray, as heiress of Thomas Gray, who became the wife 
 of John Brigham. She conveyed, and the husband did 
 not join ; by this conveyance nothing passed ; if the hus- 
 band be living a new conveyance must be obtained, or if 
 she be dead her heirs must convoy, and the husband if 
 living must release his Tenancy \ y the Curtesy. 
 
 8. The will of Abraham Oldham does not seem to 
 pass a Fee but to create an Estate Tail and this must, 
 be barred. (See Cons. St. C. 83). 
 
 9. There h no proof of the heirship of Joseph Styles. 
 
 A, B. Referee. 
 
 3rd January, 1868. 
 
 BILL OF COSTS OF PETITIONER. 
 
 This bill of costs is intended merely to serve as a 
 guide to the Profession, and that m iimple cases only. 
 
BILL OF COSTS OV PETITIONER. 
 
 79 
 
 git &Umm^ : 
 
 In the matter of, Lot No. 9, on the 3rd Concession 
 of the Township of Oro. 
 
 The Petitioner s costs in obtaining Certificate. 
 
 Instructions for Petition $2 00 
 
 Drawing petition pei fo 2d 
 
 Copy to file 10 
 
 Attending Registrar to bespeak, and for Abstract of 
 
 Deeds and copies of Memorials of such as are not 
 
 held by Petitioner 1 00 
 
 Paid Registrar's Fees 
 
 Attending Sheriff for Certificates 1 00 
 
 Paid Sheriff 
 
 Attending to search for Crown debts against Crown 
 
 debtors 
 
 For each search 50 
 
 Paid Clerk of Queen's Bench for each search 50 
 
 For every necessary Affidavit, as to Crown debts, 
 
 dower, possession, loss of deeds, or other matter in 
 
 support of Title, per fo , 20 
 
 B'oT each copy, pei fo 10 
 
 Attending to swear, for each, 50 cent«, paid 20 centt 
 Attending County Treasurer for Certificate, Taxes 
 
 paid 50 
 
 Paid for same , 
 
 The like on Township Treasurer, where necessary. . . 50 
 
 The like on Collector, where necessary 50 
 
 Drawing Petitioner's Affidavit and copy, per folio ... 20 
 
 Attending to swear, 50 cents, paid 20 cents 
 
 Drawing state of facts, where necessary, see Statute, 
 
 sec. 5., sub-sec. 4, per folio 20 
 
 Copy thereof, per folio , 10 
 
 Drawing Schedule of Deeds and paper, per folio.. , . . 20 
 
 Copy for Referee 10 
 
 Drav/ing certificate of Solicitor oi Counsel as to state 
 
 of title and fee thereon 2 00 
 
 (To be nicreased according to the nature of the caie.) 
 Writing, with foregoiiig Petition to Inspector, 50 cts. 
 
 stamp thereon for registration, iO cents GO 
 
80 LAW AND PRACTICE FOR QUIETING TITLE!:?. 
 
 Paid Inspector $8 00 
 
 Attending lUfoioo witli deeds an<l papers and com- 
 paring Hamc witli Schedule 1 00 
 
 Attending Referee for advertisement and notice for 
 Service on parties who may have claims 50 
 
 Copy of advevtisement for Gazette 30 
 
 Writing witli and forwarding 50 
 
 • ' Paid for insertion and for Gazettes 
 
 C^opies fo) loail newspaper and letter therewith, [if 
 ordered by Referee 50 
 
 C(»])y to affix to Court Ht/Use door 30 
 
 ' Paid ailixing 
 
 Copy to be affixed in Post Omco 30 
 
 • Paid getting same affixed - 
 
 Affidavit as to in-ievtion in Gnzette, local newspaper, 
 
 and as to affixing sanie on Court House door and at 
 
 Post Office, each 50 
 
 Attending to s wear^ e{*ch , 50 
 
 Paid swearing and Exhibits 
 
 Copy notice to serve on each party [as directed] 30 
 
 Attending tSheriff with ■^nmc to serve 50 
 
 • l^aid-f^heiMff service and for mileage, 10 cts. per mile. 
 Affidavit of service on each party, 40 cents, and oath 
 
 and Exhibit 
 
 Attending to tile affidavits with Rvfereo 50 
 
 Attending Referee when satisfied with Title to for- 
 ward papers to Inspector 
 
 Attending to remit stamps on Registrar's fees for 
 Registrar's certificate 50 
 
 Paid for same , 
 
 Attending County Registrar with certificate foi' regis- 
 tration 
 
 Paid his fees 
 
 Attending for same when registered 
 
 Paid postages throughout the matter 
 
 Bill of co«t3 and copy I 00 
 
APPEAL. 
 
 81 
 
 APPEAL. 
 
 Set down for Appeal and serve Notice before Report 
 has become absolute. It is not necessary that the 
 Appeal should be heard within the 14 days. If the 
 Report has become absolute, the Court may under 
 special circumstances give leave to appeal — vide order 
 19, Sec. 1. 
 
 The Notice of Appeal must contain the Appellants 
 exceptions to the Report concisely. All points taken on 
 the Appeal must be raised before the master on settling 
 the Report. The Court may hear new objections, 
 subject to the costs of the Appeal. 
 
 If the Appeal fails the Appellant may re-hear by 
 setting down, on precipe and depositing £10 in Court 
 for any of the re-hearing terms within six months after 
 passing or entering order made on Appeal from the 
 Reportj and giving seven days notice of slotting down. 
 
 The cause must be set down at least ten days before 
 the term. « 
 
 The cause may be carried to the Court of Error and 
 Appeal at once. — See Con. Stat. U. C. Cap. XIII. and 
 the general order of Court in that behalf. 
 
INDEX. 
 
 Abstract of Titlo, .06, 73, 74, 7.5. 
 
 Act, Copy of, 29. 
 
 Address of Applicant, 54. 
 
 Adjoining Lund, the Act an to Improvcnu-nt on, .'U. 
 
 AdverKC Claim, 11. 
 
 " Form of, 42, 70, 77. 
 
 " Act as to, .34. 
 
 Advertisement, 65. 
 
 Order as to, 47. 
 Aflidavit of Petitioner, Form of 57. 
 Instructions .is to, 5, 8. 
 of Crown Debts, 64. 
 as to Adverse Claim, 77. 
 of Petitioner, Act as to, 30, 
 Analyeis of Title, 56, 73, 74, 75.* 
 Appeal, 11, 81. 
 
 " Act as to, 39. 
 Attorney, Power of, 55. 
 
 « Certificate of, 61. 
 
 Certificate of Registrar, Form of, 57. 
 '' Coiinsel or Attorney, 61. 
 
 Counsel, Act as to, 30, 32. 
 Payment of Taxes, 62. 
 
 
 31, 
 
 
 (.f Sheriff, 63. 
 
 1. 
 
 TlAe, Act as to, 35, 36. 
 Title, form of, 43. 
 Chancery Sale, Act as to, 36, 37. 
 
 " Di'cd, Form of, 44. 
 
 Costs, Forms of Bills of, 78, 19. 
 '' Act as to, 35. 
 <' Order at; to, 49, 50. 
 
LfDlX. 
 
 Counsel, Certidcate of, 61. 
 
 " " Act as to, 30, 32. 
 
 Crown Debts, 64. 
 
 Death of PartieB, Act as to, 39. 
 Deeds, Production of, 30. 
 
 " Order as to Delivery of, 40. 
 Description of Property, how given in Petition, 51. 
 Dower, 57. 
 
 Evidence, 67, 68. 
 
 " Act a? to, 30, 32, 34. 
 
 Exceptions from Petition, Act as to, 33, 34. 
 
 Iiow .stated, 54. 
 
 83 
 
 u 
 
 (( 
 
 (( 
 
 Facts, Statement of. Act as to, 30. 
 
 " Proof of. Act as to, 30. 
 Fees, Orders as to, 49, 50. 
 Fraud, Act as to, 40, 41. 
 
 Guardian, Act as to, 38. 
 
 Idiot, Act as to, 38. 
 
 Incumbrances, how set out in Petition, 53, 54. 
 
 " how set out in Advertisement, 66. 
 
 Inspector of Titles, Endorsement of Name of, 45, 54. 
 Irregularities, Act as to, 39. 
 
 Lease, Act as to Exception of, 34. 
 Lien, Vendor's, 71. 
 Loss of Deeds, 7, 67. 
 Lunatic, Act as to, 38. 
 
 Marriage, the x\ct as to Declaration of Validity. 37, 38. 
 Married Woman, the Act as to, 39. 
 Mas'.er, Finding of, 48, 77. 
 Memorials, Copies of, 30, 55. 
 " Evidence by, ilti. 
 
 Minor, Act as to, 38. 
 
 Notice to Party interested. 9, 66, 76. 
 " where Proof d(^fective, 9. 
 " on Title, under Sale for Ta^es, 9. 
 
84 
 
 INDEX. 
 
 HJ 
 
 ? 
 
 Notice, Act as to Publishing, 33. 
 " Order as to PubliHhing, 47. 
 '' Order as to Serving, 48. 
 
 Orders of Court, 45. 
 
 i- - , ■ 
 Particulars, Orders as to, 46. 
 
 Petition, Instructions as to, 3, 4, 51. 
 
 " Forms (^f, i2, 62, (fd. 
 
 " Act as to, '29. ' 
 
 '" Orders as to, 45, 46. 
 
 Possession of the Property, Act as to Proof of, 31. 
 
 " " « Order as to Proof, 47. 
 
 Power of At't6riIoy, S.*). 
 
 Proofs, 67, 68.' '■ • . ' 
 
 " Act as to, 30, 32, 34. 
 
 Referee in Toronto, Indorsement of Name, 46, 54. 
 
 <' Finding of, 48. 
 Registrar's Certificate, Form of, 57.' 
 " " Act as to, 30. 
 
 Reinvestigation, Act as to, 39. 
 
 Schedule of Particulars, Act as to, 30. 
 
 " ' « Form of, 62. 
 
 Sheriff's Sal6, 8. "'""■ 
 
 " Certificate, Form of, 63. 
 
 Taxes, Act as to Proof of Payment, 33. 
 " Act as to Exceptions of, 34. 
 " Certificate of Payment of, Form of, 62. 
 
 Witness, 8. 
 
if of, 31. 
 oof, 47. 
 
 S 4G, 54. 
 
 ^f, 62. 
 
 t 
 
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