Company annually to sub mit to the Legislature detailed accounts. Saving of Her Majesty's rights, and of all other persons, &c. Public Act. LII. And be it enacted, That the said Company shall annually submit to the three Branches of the Legislature, within the first fifteen days after the opening of each Session of the Provincial Parliament, a detailed and particular account, attested upon oath, of the moneys by them received and expended under and by virtue of this Act, with a statement of the amount of tonnage and of passengers that have been conveyed along the said road. LIII. And be it enacted, That nothing herein contained shall affect or be construed to affect, in any manner or way whatsoever, the rights of Her Majesty, Her Heirs and Successors, or of any person or persons, or of any bodies politic, corporate or collegiate such only excepted as are herein mentioned. LIV. And be it enacted, That this Act shall be deemed and taken to be a Public Act, and as such shall be judicially taken notice of by all Judges, Justices of the Peace and others, without being specially pleaded. MONTREAL :-Printed by STEWART DERBISHIRE and GEORGE DESBARATS, An Act to continue for a limited time the several Acts therein mentioned. [29th March, 1845.] WHE Act of L. C. HEREAS it is expedient to continue further for a limited time the several Preamble. Acts hereinafter mentioned, which might otherwise expire before the next Session of the Provincial Parliament: 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, 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 the several Acts hereinafter mentioned, that is to say: the Act of the Legislature of Lower Canada, passed in the ninth year of the Reign of His Majesty King George the Fourth, and intituled, An Act to provide for the more effectual extinction of secret incumbrances on Lands than was heretofore in use in this Province; and the Act of the said Legislature passed in the same year of the same Reign, and intituled, An Act to prevent fraudulent debtors evading their creditors in certain parts of this Province; and the Act of the said Legislature passed in the same year of the same Reign, intituled, An Act to facilitate the proceedings against the estates and effects of debtors in certain cases; and the Act of the said Legislature passed in the same year of the same Reign, and intituled, An Act for the preservation of the Salmon Act of L. C. Fisheries in the Counties of Cornwallis and Northumberland; and the Act of the 9 Geo. IV. cap. said Legislature passed in the first year of the Reign of His late Majesty, and intituled, An Act to encourage the destruction of Wolves; and the Act of the said Act of L. C. Legislature passed in the sixth year of the same Reign, and intituled, An Act to regulate 9 Geo. IV, cap. 20. Act of L. C. 27. Geo. IV, cap. Act of L. C. 28. 51. Geo. IV, cap. 1 Will. IV, cap. 6. regulate the Fees of persons employed by Justices of the Peace in the Country Parishes, as Clerks or Bailiffs in certain cases; and the Act of the said Legislature passed in the same year of the same Reign, and intituled, An Act to provide for the Medical Treatment of Sick Mariners; and the Act of the said Legislature passed in the same Session, and intituled, An Act to repeal a certain Act therein mentioned, and more effectually to remedy divers abuses prejudicial to Agriculture; and the Act of the Legislature of Upper Canada passed in the eleventh year of the Reign of His Majesty King George the Fourth, and intituled, An Act to authorize the Quarter Sessions of the Home District to provide for the relief of insane destitute persons in that District; and the Act of the said Legislature passed in the third year of the Reign of His late Majesty King William the Fourth, and intituled, An Act to continue an Act passed in the eleventh year of His late Majesty's Reign, intituled, "An Act to authorize the Quarter Sessions of the Home District to provide for the relief of insane destitute persons in that District," and to extend the provisions of the same to the other Districts of this Province; and the Act of the said Legislature passed in the sixth year of the same Reign, and intituled, An Act to repeal an Act passed in the forty-ninth year of the Reign of His late Majesty King George the Third, intituled, "An Act to encourage the destroying of Wolves in this Province," and to make further provisions for exterminating those destructive animals; and the Act of the said Legislature passed in the third year of Her Majesty's Reign, and intituled, An Act to authorize the raising of a sum of money in the District of Niagara, for the purpose of relieving the said District from debt; and the Act of the Legislature of this Province passed in the Session held in the fourth and fifth years of Her Majesty's Reign, and intituled, An Act to regulate the Fisheries in the District of Gaspé, shall be, and the said Acts are hereby continued, and shall respectively remain in force until the thirty-first day of December, one thousand eight hundred and forty-nine, and thence to the end of the then next Session of the Provincial Parliament, and no longer. MONTREAL:-Printed by STEWART DERBISHIRE and GEORGE DESBarats, An Act to amend the Act and Ordinance therein mentioned, relative to the Registration of Titles to and Incumbrances upon Real Property in Lower Canada. WE [29th March, 1845.] HEREAS it is expedient to make the exercise or disposal of certain rights Preamble. less difficult and expensive, and further to facilitate the Registration of certain Titles relative to Immoveable Property in Lower Canada, by amending and repealing certain parts of the Ordinance of the Governor and Special Council for the affairs of the late Province of Lower Canada, passed in the fourth year of Her Majesty's Reign, and intituled, An Ordinance to prescribe and regulate the Ordinance 4 Registering of Titles to Lands, Tenements and Hereditaments, Real or Immoveable Vict. cap. 30. Estates, and of charges or incumbrances upon the same; and for the alteration and improvement of the Law, in certain particulars, in relation to the alienation and hypothecation of Real Estates, and the rights and interests acquired therein; and of the Act of the Parliament of this Province, passed in the seventh year of Her Majesty's Reign, and intituled, An Act to amend the Ordinance providing for the Act 7 Vict. Registration of Titles to Real Property or Incumbrances thereon in Lower Canada, cap. 22. and further to extend the time allowed by the said Ordinance for the Registration of certain Claims: 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 stance memo rials may be registered. By whom they may be attested At whose in- by the authority of the same, That whenever registration shall be made by Memorial in the manner prescribed by the said Ordinance, such Memorial may be executed by and registered at the instance of any party having an interest, direct or indirect, in the registration, or by and at the instance of the debtor or party charged with the incumbrance to be registered; that the Memorial may be attested before any Notary, or any Commissioner appointed to receive affidavits to be used in the Court of Queen's Bench, or any Justice of the Peace, and such Notary, Commissioner, or Justice of the Peace, shall and they are hereby authorized to administer the oath or oaths prescribed by the said Ordinance, and such oath or oaths shall have the same force and effect as if it or they had been administered by a Judge of the Court of Queen's Bench or of any Circuit Court in Lower Canada; that the registration by such Memorial shall avail to all parties interestRegistration of any deed shall ed in the Deed or Instrument to which the Memorial shall relate; and that any such Memorial may, without further proof, be presented to the Registrar or his Deputy for registration by any person whomsoever, and registered, on his producing the Documents on which it shall be founded; and the Memorial shall remain of record in the hands of the Registrar, who shall thereupon mark upon the said Documents," Registered by Memorial, (mentioning the year, month, day and hour of registration, and the books in which the entries are made,") and shall certify the same by his signature; and for such certificate the Registrar shall be entitled to the sum of one shilling and six pence, currency. avail to all parties. Memorial may be registered withoutfurther proof. Indorsation on the deed, &c. Memorials executed in this Province may be registered II. And be it enacted, That any Memorial executed in any part of this Province, may, upon the observance of the formalities aforesaid, and without any other forwithout further mality whatever, be validly registered at the instance of any person whomsoever. formality. dower," how to be understood in the said Ordi Words "legal III. And be it enacted, That the words "legal and customary dower," in the and customary thirty-fifth section, or in any other part of the said Ordinance, shall be deemed to include not only legal and customary dower, but also stipulated (préfixe) or conventional dower; and that such interpretation shall apply to all transactions or acts entered into or done by any married woman since the said Ordinance came into effect, and they shall avail as if such the said section had clearly included and been intended to apply to stipulated (préfixe) or conventional dower, as well as to legal and customary dower. nance. Married woman may release her dower. IV. And be it enacted, That it shall be lawful for any married woman, of the full age of twenty-one years, to release her dower and right to dower, whether customary or conventional, (préfixe) on any real or immoveable property whatever, by an instrument (Acte) separate from and posterior to that by which such property may have been sold, conveyed, exchanged, given, or otherwise alienated either by her husband alone or by her husband and herself jointly, and whether such |