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II. And be it enacted, That every such deed, unless any exception be specially made Lease to include all therein, shall be held and construed to include all out-houses, buildings, barns, stables, apportenance of the
property yards, gardens, cellars, ancient and other lights, paths, passages, ways, waters, water courses, liberties, privileges, easements, profits, commodities, emoluments, hereditaments and appurtenances whatsoever, to the lands and tenements therein comprised belonging or in any wise appertaining.
III. And be it enacted, That any deed or part of a deed, which shall fail to take Effect if the Deed do effect by virtue of this Act, shall nevertheless be as valid and effectual, and shall bind not take effect as
under this Act. the parties thereto, as far as the rules of law and equity will permit, as if this Act had not been made. IV. And be it enacted, That this Act shall be in force only in Upper Canada. Act to apply to U. C,
will during the said term pay unto the said lessor the rent hereby
duction whatsoever. 2. And to pay
2. And also will pay all taxes, rates, duties and assessments taxes.
whatsoever, whether municipal, parliamentary or otherwise, now
or upon the said lessor on account thereof. 3. And to repair.
3. And also will, during the said term, well and sufficiently repair, maintain, amend and keep the said demised premises with the appurtenances, in good and substantial repair, and all fixtures and things thereto belonging, or which at any time during the said term shall be erected and made, when, where and so often
as need shall be.
up the fences and walls of or belonging to the said premises, and
hewed, felled, cut down or destroyed, without the consent in
herein set forth.
trators and assigns will, within three calendar months next after
such notice, well and sufficiently repair and make good accordingly. 7. And will not 7. And also that the lessee shall not nor will during the said assign or sub-let term assign, transfer or set over, or otherwise by any act or without leave. deed procure the said premises or any of them to be assigned,
transferred, set over or sub-let unto any person or persons
Column 2. 8. And that he 8. And further the lessee will, at the expiration or other sooner will leave the pre- determination of the said term, peaceably surrender and yield up mises in good repair. unto the said lessor the said premises hereby demised with the
appurtenances, together with all buildings, erections and fixtures thereon, in good and substantial repair and condition, reasonable
wear and tear and damage by fire only excepted. 9. Proviso for re- 9. Provided always, and it is hereby expressly agreed that if entry by the said the rent hereby reserved, or any part thereof, shall be unpaid for (lessor) on non-pay- fifteen days after any of the days on which the same ought to ment of rent or non- have been paid, although no formal demand shall have been performance of co- made thereof, or in case of the breach or non-performance of any venants.
of the covenants or agreements herein contained on the part of the lessee, his executors, administrators or assigns, then and in either of such cases it shall be lawful for the lessor at any time thereafter, into and upon the said demised premises, or any part thereof, in the name of the whole to re-enter, and the same to have again, re-possess and enjoy, as of his or their former estate;
any thing hereinafter contained to the contrary notwithstanding. 10. The said (les- 10. And the lessor doth hereby for himself, his heirs, executors, sor) covenants with administrators and assigns covenant with the lessee, his executors, the said (lessee) for administrators and assigns that, he and they paying the rent quiet enjoyment. hereby reserved, and performing the covenants hereinbefore on
his and their part contained, shall and may peaceably possess and enjoy the said demised premises for the term hereby granted, without any interruption or disturbance from the lessor, his heirs, executors, administrators and assigns, or any other person or persons lawfully claiming by, from or under him, them or any of them.
Directions as to the Forms in the Schedule.
1. Parties who use any of the forms in the first column of this Schedule, may substitute for the words “ lessee” or “lessor” any name or names, and in every such case corresponding substitutions shall be taken to be made in the corresponding forms in the second column.
2. Such parties may substitute the feminine gender for the masculine, or the plural number for the singular, in the form in the first column of the Schedule, and corresponding changes shall be taken to be made in the corresponding forms in the second column.
3. Such parties may introduce into or annex to any of the forms in the first column any express exceptions from or express qualification thereof respectively, and the like exceptions or qualifications shall be taken to be made from or in the corresponding forms in the second column.
4. Where the premises demised are of freehold tenure, the covenants 1 to 8 shall be taken to be made with, and the proviso 9 to apply to the heirs and assigns of the lessor ; and where the premises demised shall be of leasehold tenure, the covenants and proviso shall be taken to be made with, and apply to the lessor, his executors, administrators and assigns.
Such instruments to
[2d August, 1851.]
whereby any debt, duty or obligation has been or may be created to Her Majesty the Queen, or Her Successors, shall be registered in manner hereafter mentioned, in order to bind the lands of the parties executing the same or affected thereby : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That from and after the passing of this Act, no deed, bond, contract or other
Instruments creating instrument whatever, under seal or of record, whereby any debt, obligation or duty shall Debts to the Crown be incurred or created to Her Majesty the Queen, or Her Successors, shall be deemed not to be valid against valid or sufficient to charge or affect any lands or any interest in lands of the person purchasers, &c. unless or persons executing the same or affected thereby, as against any subsequent purchaser deeds of such or mortgagee for valuable consideration of the same lands of such person or persons, purchasers, &c. or against any subsequent registered judgment on the same lands against such person or persons, unless a copy of such deed, bond, contract or other instrument, certified by the proper officer having the custody of the same, shall be registered in the Office of the Clerk of the Court of Queen's Bench in Toronto, before the execution of the deed, conveyance or agreement of such subsequent purchaser or mortgagee, or the registry of such subsequent judgment.
II. And be it enacted, That it shall be the duty of the said Clerk of the Court of Queen's Bench, and he is hereby required upon the production to him of a copy of be registered in a any such deed, bond, contract or other instrument as aforesaid, certified by the proper separate book. officer having the custody of the same, to enter and register the same in a book to be kept by him for that purpose, and from and after such registry all the lands of the person or persons executing such deed, bond, contract or other instrument, shall be bound and charged thereby.
III. And be it enacted, That it shall be lawful for the Governor in Council, if he shall think fit, to order that all or any lands bound by such deed, bond, contract or may release lands other instrument, shall be released from the charge created thereby, and
bound by such instruproduction of such order certified by the President or Clerk of the Executive Council, it shall be the duty of the said Clerk of the said Court of Queen's Bench, to enter and register the same in the said book as a release of such lands as shall be mentioned in such order, and upon the same being so entered and registered such lands shall be released accordingly.
IV. And be it enacted, That the said Clerk of the said Court of Queen's Bench shall be entitled to demand and receive from the person producing the same for registry, the sum of Five Shillings for the registry of any such deed, bond, contract or other instrument or release, to be paid to the fee fund in the same manner as other fees are paid to the said fund.
V. And be it enacted, That all such deeds, bonds, contracts or other instruments Such instrument made made before the passing of this Act to Her Majesty, or Her Predecessors, of the nature before the passing of mentioned in the first section of this Act, shall be registered in the manner in the ed within a certain second section mentioned within one year from the passing of this Act, or in default time. thereof, any lands or interest in lands of the person or persons who shall have executed the same shall be freed and discharged therefrom as to any subsequent purchaser or mortgagee or registered judgment creditor of such person or persons of the same lands for valuable consideration. VI. And be it enacted, That this Act shall apply only to Upper Canada.
Extent of Act. 233 *
Governor in Council
debtors absent from
[ 2d August, 1851. ] THEREAS there are by law no means provided for taking proceedings against
parties who are absent from Upper Canada, unless by process under the Absconding Debtors' Act; and whereas it is desirable that the law should be amended in that respect: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and
Lower Canada, and for the Government of Canada, and it is hereby enacted by the Proceedings may be authority of the same, That proceedings may be commenced in any action or suit in any commenced against
of the Superior Courts of Law and Equity in Upper Canada, against any person who Upper Canada. having resided in Upper Canada is absent therefrom, having contracted debts or
liabilities while in Upper Canada, or having real or personal property therein, in the same
manner and by the same process as if such person was a resident inhabitant therein. First process may be
II. And be it enacted, That the first process or proceeding in any such action or served upon Defend- suit shall be served on such absent person, either personally in whatever country out out of Upper Canada. of Upper Canada such person may be residing or living, or upon any agent or person
having charge of any property real or personal of such person in this Province, and such service when out of Upper Canada, may be proved by affidavit or declaration to be taken before any person having competent authority to take the same in the country where the same shall be taken, such authority being certified by the Mayor or Chief Magistrate, or a Notary Public in the place where the same shall be taken, and such service shall be deemed good service, whether it shall be personal or on such agent or person in charge as aforesaid, only after the same shall have been allowed by the Court from whence such process or proceeding shall have issued, or a Judge in Chambers : Provided always, that such service may nevertheless be proved by affidavit or declaration to be taken in Upper Canada before a Commissioner appointed to take
affidavits in any of the Superior Courts of Upper Canada. All proceedings to be III. And be it enacted, That all the proceedings in any such action or suit at law
shall be taken in the office of the Court wherein the same shall be commenced in the County where such process shall be issued, and appearance shall be entered at such office as follows: where the process has been served upon any agent, or person in charge as aforesaid in this Province, or on the defendant personally in Lower Canada, within one month after such service; where such service has been made personally in any part of North America out of this Province, within three months after such service ; and where the service has been made in any country out of North America, within twelve months after such service ; and on the copy of the process or proceeding served shall be endorsed a notice to appear in the form in the schedule hereto, and if such person shall not appear, then after the expiration of the time for such appearance and the allowance of such service as aforesaid, the plaintiff in such action or suit may enter an appearance for such person, and after any appearance entered may proceed to decree, judgment and execution thereon, in the same manner and times as in ordinary cases of personal service of process ; and service of all papers and proceedings after process shall be sufficient by affixing a copy thereof in such office from which such process has
issued. Judge in Chambers IV. And be it enacted, That in any such action or suit, the Court in which such action
or suit is brought, or any Judge in Chambers, may grant any such time to the defendant for appearing, pleading, or taking any other step in the defence of such action or suit, as to such Court or Judge shall seem meet.
taken in office of Court at Toronto,
may grant time to De
fendant to appear,
V. And be it enacted, That whenever any judgment or decree shall be rendered in Conditions on which favour of any plaintiff or party on service of process on any agent or person in charge enforced.
a judgment may be of property as aforesaid, no such decree or judgment shall be enforced by any process or proceeding, until the plaintiff or party obtaining such decree or judgment, or his attorney or agent, shall file an affidavit in the cause, that he verily believes that such decree or judgment is just, and also shall give a bond with two sufficient sureties, and to an amount to the satisfaction of the Master, Clerk or Registrar of such Court, conditioned for a re-hearing of the action or suit in which such decree or judgment has been rendered, provided such re-hearing shall be ordered by the Court in which such Proviso. action or suit was brought, at any time within two years from the rendering of such decree or judgment.
VI. And be it enacted, That a re-hearing shall be allowed to any defendant who has Defendant not personnot been personally served with process by order of the Court in which the action or ally served may have
a suit was brought, upon such terms as to giving security to pay or answer the decree or judgment that may be rendered on a re-hearing or otherwise, as such Court shall direct: Provided always, that such re-hearing is applied for by such defendant within two Proviso. years from the time of decree or judgment rendered.
PROCESS. To C. D., the Defendant.
Take notice, that your appearance to this Writ must be entered in Her Majesty's Court of Queen's Bench, (Common Pleas or Chancery, as the case may be,) at the office of such Court at Toronto, or at the office of the Deputy Clerk of the Crown of the County or United Counties of (as the case may be) within (the time mentioned in the Act, according to the country in which the service has been effected,) from the service hereof, and in default of such service, A. B., the within plaintiff
, will enter an appearance for
and proceed thereon. (And also, where the service is on an agent or party in charge of property,) and also take notice, that you, E. F., (agent's name) are served with this process as the Agent or person in charge, in this Province, of some property, real or personal, of the within named Defendant, C D., and you are hereby required to enter an appearance for him as aforesaid.
[ 2d August, 1851. ]
Canada, to provide for binding Apprentices for a less term than seven years ; and whereas it would promote the general interest of society if shorter terms of Apprenticeship were made legal, and the law relating to Apprentices more clearly defined: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and and, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That Power of Parents, &c. from and after the passing of this Act, it shall and may be lawful for any parent, guardian, to bind minors as or other person having the care or charge of any Minor, not under the age of
fourteen years, with the consent of such Minor, to put and bind the same as an Apprentice by written Indenture, to any Master Mechanic, Farmer, or other person carrying on any trade or calling for any term not to extend beyond the minority of such Apprentice.