Past acknowledg ments in bar of dower rendered effective, although the wife not a party to the execution of the deed. IV. And whereas it is necessary by Legislative provision, to legalize the bar of dower in certain deeds and conveyances, where the wife has not been a party to such deeds or conveyances, but has acknowledged the same before some competant authority: Be it therefore enacted by the authority aforesaid, That all acknowledgments which have been taken before any competant authority, shall be taken and deemed to be a valid and effectual bar of dower to all intents and purposes whatever, although the said wife shall not have joined in the execution of such deed or conveyance, or shall not have acknowledged the same on the day of the execution of such deed or conveyance. MARRIED WOMEN'S REAL ESTATE ACT, (C. W.) САР. СХV. AN ACT TO ENABLE MARRIED WOMEN RESIDENT IN FOREIGN COUNTRIES, TO CONVEY REAL ESTATE OF WHICH THEY ARE SEIZED IN CANADA WEST. Preamble. W [Assented to, 30th August, 1851.] HEREAS no provision has been made by Law to enable Married Women resident out of the Province of Canada, and who are residents of States or Countries not owing allegiance to the Crown of Great Britain, or who may be temporarily absent from the said Province of Canada, and for the time being residents of such States or Countries as aforesaid, to convey any real estate being within the said Province, and of which such Married Women may be seized, possessed or of otherwise entitled to: And whereas it often happens that such Married Women so resident as aforesaid, or absent from the said Province, are willing and desirous to convey and dispose of such their real estate and all their interest and estate therein to purchasers and others desirous of obtaining the title thereto, and it is right that such Married Women should be enabled to convey such their real estate without its being required that such Married Women or Husbands should come into this Province for the purpose of enabling them to make a valid conveyance of such their real estate, their estate and interest therein: Married Women resident in a foreign State may convey estate in C. W. Proviso: Deed to be executed before the Gover nor, British Con Be it therefore enacted, &c,. That from and after the passsing of this Act, it shall and may be lawful for any Married Woman being above the age of twenty-one years, resident out of this Province, and being a resident of any State or Country not owning allegiance to the Crown of Great Britain, or being temporarily absent from this Province, and for the time being a resident of such State or Country as aforesaid, and being seized, possessed of or otherwise entitled to real estate within this Province, to alien and convey such real estate or any interest therein she may be entitled to by Deed, to be executed in such State or Country as aforesaid, by her penalty with her husband, to such use and uses as to her and her husband shall seem meet: Provided always nevertheless, that such Deed shall not be valid or have any effect, unless such Married Woman shall execute the same in the presence of the Governor or other Chief Executive Officer of such State or Country aforesaid, or in the presence of the British Consul resident in such State or Country, if there be a British Consul there resident, or in the presence of a Judge of a Court of Record of such State or Country, nor unless such Married Woman be examined by the said Governor, or other Chief Executive Officer, or such British Consul, or Judge of Court of Record, touching her consent to alien and depart with such real estate, and shall freely and voluntarily, and without coercion, give her consent before such Governor, or other Chief Executive Officer, or such British Consul or Judge as aforesaid, to alien and depart with such estate: Provided always, that it Proviso. shall not in any case be necessary for any such sul. &c. Who shall ex amine her. Governor, or other Chief Executive Officer, British Consul or Judge, to attest the execution of any such Deed as a subscribing Witness. Such Governor, II. And be it enacted, That in case it shall appear to such Governor, or other Chief Executive Officer, British Consul or Judge, that such Married give a certificate. Woman doth freely and voluntarily consent to depart with, alien and convey her said real estate, or any interest she may be entitled to therein, without coercion on the part of her husband or any other person, it shall and may be lawful for such Governor, or other Chief Executive Officer, British Consul or Judge, to cause a Certificate thereof to be endorsed on the Deed so executed by her and her said husband as aforesaid, which Certificate shall state the day on which such examination is taken, and shall be signed by such Governor, or other Chief Executive Officer, and shall be also under the Seal of the State or Country of which such Governor or other Chief Executive Officer shall be the Governor or Chief Executive Officer as aforesaid 331 Particulars to be stated therein. aforesaid, in cases where the said Ce ificate is made by such Governor or Chief Executive Office, or signed by the said British Consul, or Judge of a Court o. Record, ard under the Seal of such Court, and which Certificate shall be in form or to the effect following, viz: day of wife of at " the within Deed was duly executed in the presence of one of by A. B., of the grantors thereia named; and that the said wife of the said at the said t'me and place being examined by me apart from her husband, did appear to give her consent to depart with her estate in the lands mentioned in the said Deed, freely and voluntarily, and without coercion or fear of coercion on the part of her husband, or of any other person or persons whai socver." Its effect. tained therein. Tart of sec. 1. of And such Certificate shall be deemed and taken to be prima facie evidence of the facis con 6 III. And be it enacted, Thai the first section of an Act of the Parliament of the Province of Upper Canada, passed in the first year of the Reign of His late Majesty King William the Fourth, and inituled, An Aci io enable Married Women more convenieny io alien and convey their Real Estate, and to repeat an Act passen in the forty-third year of the Reign of King George the Third, iniiialed, An Act to enable Married Women, having Real Estate, more conveniently to alienate and convey the same, be, and the same is hereby amended by expunging from the proviso of the said section the following paragraph, viz: "Or in the presence of a Judge in the "District Court, or of a Judge of the Surrogate Court of the Dis"trict in which such Married Women shall reside, or of two "Justices of the Peace for such District," and inOther provisions serting in the place thereof and substituting therefor the following paragraph, viz: "Or in the presence of the Judge of the County Court, or Judge of the Suriogate Court, or two Justices of the Peace of the County where "such Married Women shall reside, or happen to be when the "said Deed is executed by such Married Women." substituted. 66 Extent of Act. IV. And be it enacted, That this Act shall apply to Real Estate in Upper Canada only. HEIR HEIR AND DEVISEE ACT, (C. W.) CAP. VIII. AN ACT TO REPEAL CERTAIN ACTS THEREIN MENTIONED, AND TO MAKE BETTER PROVISION FOR THE RELIEF OF PARTIES CLAIM NG LANDS IN CANADA WEST, FOR WUICH NO PATENT HATH ISSUED, AS REPRESENTING THE ORICINAL NOMINEES OF THE CROWN. W [Assented to, 10th February, 1845.] HEREAS it hath become necessary to make Preamble. C. W. 45 Geo. 3. is made by the laws now in force, or determining claims to Lands in Upper Carada, for which no Palent hath issued, and for ascertaining the parties in whose favour the Patents for such lands ought respectively to sue, ard for this purpose is expedient to repeal the Acis o the Legislature of Upper Carada hereinaiter mentioned and to re-enac. and consolidate such of the provisions thereof as are found efective, with sech amendmenis and additions as experience hath shewn to be requisite: Be it therefore enacted. &c., That the Act of the Legislature of Upper Canada, "assed 'n t'e forty-6th year of t'e Reign of His Majesty King George the Third, and inituled, An Act to a ord relie to those persons who may be en- cap. 2. titied to clmands in this Province, as Heirs or Devisees of the Nom nees of the Crown, in cases where no Paient haih issued for such Lands; and t'e Ac. of the said Legislature passed in the forty-eight year of the same Reign, and inti- C. W. 43 Geo. 3. tuled, An Aci to coniinue an Act passed in the forty-fth year of His Jajesiy's Reign, intituled, "An Act to afford rele, io i. ose persons who may be entitled to claim Lands in this Province, as Heirs or Devisees of the Nominees of the Crown, in cases where no Patent hoth issued for such Lands," and further to extend the benefit of the said Act; and the Act of the said Legislature passed in the y-secord year of the same Reign, and intituled, Ar Aci to amend an Ac assed in the forty-eighth year of H's Mejesiy's neign, in- cap. 9. túvied, An Aci to continue an Aci passed in ie forty-fifth year of His Majesty's Reiza, intituled, An Act to aford relief to those persons who may be e. filled to claim Lards in this Province, as Heirs or Devisees of the Nominees of the Crown, in cases where no Patent hon issued for such Lors, and further to extend the benefits of the said Ac, and to continue part of the same; and the Act of the said Legislature passed in the fifty-sixth year of 333 сар. 20. C. W. 52 Geo. 3, the C. W. 56 Geo. 3, cap. 21. * Sic. C. W. 59 Geo. 3, cap. 18. the same Reign, and intituled, An Act to revive and continue an Act passed in the fifty-second year of His Majesty's Reign, intituled, "An Act to continue and amend an Act passed in the forty-eighth year of His Majesty's Reign, intituled, An Act to continue an Act passed in the forty-fifth year of His Majesty' Reign, intituled, An Act to afford relief to those persons who may be entitled to claim Lands in this Province, as Heirs and Devisees of the Crown,* in cases where no Patent hath issued for such Lands, and further to extend the benefit of the said Act," and to continue part of the same; and the Act of the said Legislature passed in the fifty-ninth year of the same Reign, and intituled, An Act to continue and amend an Act passed in the fifty-sixth year of His Majesty's Reign, intituled " An Act to revive and continue an Act passed in the fifty-second year of His Majesty's Reign, intituled, An Act to continue and amend an Act passed in the forty-eighth year of His Majesty's Reign, intituled, An Act to continue an Act passed in the forty-fifth year of His Majesty's Reign, intituled, An Act to afford relief to those persons who may be entitled to claim lands in this Province,as Heirs and Devisees of the Nominees of the Crown, in cases where no Patent hath issued for such Lands, and further to extend the benefit of the said Act," and to continue part of the same; and the Act of the said Legislature, passed in the fourth year of the Reign of His Majesty King George the Fourth, C. W. 4 Geo. 4, and intituled, An Act to afford relief to persons claiming Lands in this Province, under assignments from Heirs, Devisees, or Assignees of the original Nominees of the Crown, in cases where no Patents had issued, and for other purposes therein mentioned; and the Act of the said Legislature passed in the tenth year of the same Reign, and intituled, An Act to afford greater facility in procuring testimony upon claims to Lands in this Province, by the Heirs or Devisees of the original Nominees of the Crown, or their Assignees, shall be, and the said Acts are and each of them is hereby cap. 7. The said Acts repealed. repealed. Commisssioners to be appointed for the purposes of this Act. II. And be it enacted, That it shall be lawful for the Governor of this Province, from time to time, to issue such and so many Commissions under the Great Seal of this Province, to the Chief Justice of Her Majesty's Court of Queen's Bench for Upper Canada, the Vice-Chancellor of Upper Canada, and the Puisné Justices of the said Court of Queen's Bench, and to such and so many other persons as he shall think fit; and such Commissioners or any three of them of whom the said Chief Justice, the said ViceChancellor, or one of the said Puisné Justices, shall be one (and such three Commissioners shall be a Quorum for Quorum fixed. all the purposes of this Act), shall have full power Power of Commissioners. and authority in manner hereinafter mentioned, to 334 ascertain, |