sole. estate in any lands of any tenure, or in any such money as ers as a feme-aforesaid, as fully and effectually as she could do if she were a feme-sole; except that no such disposition, rele: se, surrender or extinguishment, shall be valid and effectual, unless the husband concur in the deed by which the same is effected, nor unless the deed be acknowledged by her as hereinafter directed. 9 V. c. 11, s. 50. to a married woman by this 42. The powers of disposition given to a married woman by Powers of disthis Act shall not interfere with any power which, independently position given of this Act, may be vested in or limited or reserved to her, so as to prevent her from exercising such power in any case, except so far as by any disposition made by her under this Act she may be prevented from so doing in consequence of such power having been suspended or extinguished by such disposition. 9 V. c. 11, s. 51. Act, not to interfere with any other powers. man not execu 43. Every deed to be executed by a married woman for Every Deed by any of the purposes of this Act, except such as may be executed a married woby her in the character of protector for the sole purpose of ted by her as giving her consent to the disposition of a tenant in tail, shall be protector, to be acknowledged executed, produced and acknowledged by her as her act and by her as presdeed in manner and form prescribed by the Act enabling married cribed by law. women to convey their real estate. 9 V. c. 11, s. 52. ing lunatic. 44. If a husband, in consequence of being a lunatic, In the case of idiot or of unsound mind, and whether he has been a husband befound such by inquisition or not, or from any other cause be incapable of executing a deed, or if his residence be not known, or he be in prison, or be living apart from his wife, either by mutual consent or by sentence of divorce, or in consequence of his being transported beyond the seas, or from any other cause whatsoever; the Court of Queen's Bench for Upper Canada, or the Court of Common Pleas therein, may, by an order to be made in a summary way upon the application of the wife, and upon such evidence as to the Court seems meet, dispense with the concurrence of the husband in any case in which his concurrence is required by this Act or otherwise; and all acts, deeds or surrenders, done, executed or made by the wife in pursuance of such order, in regard to lands of any tenure, or in regard to money subject to be invested in the purchase of lands, shall be done, executed or made by her in the same manner as if she were a feme-sole, and when done, executed or made by her, shall (but without prejudice to the rights of the husband as then existing independently of this Act) be as good and valid as they would have been if the husband had concurred; but this clause shall not extend to the case of a married woman where under this Act, the Court of Chancery, is the protector of a settlement in lieu of her husband. 9 V. c. Î1, s. 53. Dower out of equitable es tates. Dower where right of entry. H' CAP. LXXXIV. An Act respecting Dower. ER Majesty, by and with the advice and consent of the follows: WIDOWS TO BE ENTITLED TO DOWER IN CERTAIN CASES. 1. When a husband dies beneficially entitled to any land for an interest which does not entitle his widow to dower out of the same at law, and such interest whether wholly equitable or partly legal and partly equitable, is an estate of inheritance in possession, or equal to an estate of inheritance in possession, (other than an estate in joint tenancy,) then his widow shall be entitled in equity to dower out of the same land. 4 W. 4, c. 1, ss. 13, 14, 15. 2. When a husband hath been entitled to a right of entry or hushand had a action in any land, and his widow would be entitled to dower out of the same if he had recovered possession thereof, she shall be entitled to dower out of the same although her husband did not recover possession thereof; but such dower shall be sued for or obtained within the period during which such right of entry or action might be enforced. 4 W. 4, c. 1, s. 14. Certain dower abolished. Deed of hus DOWER ABOLISHED IN CERTAIN CASES. 3. No widow shall be entitled to dower ad ostium ecclesia, or dower ex assensu patris. 4 W. 4, c. 1, s. 15. HOW DOWER MAY BE BARRED. Dower may be 4. A married woman may bar her dower in any lands or barred by joint hereditaments in Upper Canada, by joining with her husband band and wife. in a deed or conveyance thereof in which a release of dower is contained. 2 V. c. 6, s. 3. When may be rate Deed of 5. A married woman may also bar her dower in any lands barred by sepa- or hereditaments by executing either or alone, or jointly with other persons, a deed or conveyance to which her husband is not a party, containing a release of such dower. 37 Geo. 3, c. 7, s. 1. wite. When wife ed as to her consent. 6. A married woman barring her dower by a deed or conto be examin- veyance to which her husband is not a party, shall be examined by one of the Judges of the Courts of Queen's Bench or Common Pleas in Upper Canada, or the Judge of the County Court, or Chairman or presiding Magistrate of the Court of Quarter Sessions, or two Justices of the Peace for the County in which she 1,-2 V. she resides, or happens to be, touching her consent to be barred 7. If such married woman upon being so examined gives Certificate of such consent, and the same appears to the Judge, Chairman consent. or presiding Magistrate, or Justices examining her to be voluntary and not the effect of coercion on the part of her husband or of any other person, such Judge, Chairman, or presiding Justice or Justices shall certify on the back of the deed to the following effect: 37 G. 3, c. 7, s. 2. in the Form We, A. B. and C. D., of the County of Province of Canada, Esquires, two of Her Majesty's Justices of the Peace, in and for the said County, or, I (a Judge, &c., as the case may be,) do certify that E. F., wife of G. F., personally appeared before us (or me, as the case may be), and being duly examined by us (or me), touching her consent to be barred of her right of dower of and in the lands in the within deed mentioned, it did appear to us (or me) that the said E. F. did give her consent thereto freely and voluntarily without coercion or fear of coercion on the part of her husband or of any other person. Dated at Signed, 3 W. 4, c. 9. s. 1. Canada. 8. A married woman being within the United Kingdom Who to certify of Great Britain and Ireland, or any of Her Majesty's Colonies, out of Upper or the United States of America, and there barring her dower by any deed or conveyance to which her husband is not a party, shall be examined as mentioned in the sixth section of this Act, by the Mayor or Chief Magistrate of a City or Town if in the United Kingdom, or if in a Colony or in one of the United States, by a Judge of the Supreme Court of the Colony or State, and if she gives such consent and the same appears to the person so examining to be free and voluntary and not the effect of any coercion as aforesaid, such person shall certify on the back of the deed to the effect prescribed by the seventh section of this Act. 48 G. 3, c. 7, s. 1. if Certificate, 9. Any certificate under the last section of this Act, shall, how verified.. granted by a Mayor or Chief Magistrate, be under the common seal of the City or Town over which such Mayor or Chief Magistrate presides, or under the seal of office of such Mayor or Chief Magistrate, and if granted by a Judge, such certificate shall be verified by the seal of the person administering the government of the Colony or State of which the person certifying is a Judge. 48 G. 3, c. 7, ss. 2, 3. 10. No deed or conveyance of a married woman to which Unless the husher husband is not a party, shall be effectual to bar her dower band is a party, unless the directions contained in the sixth, seventh, eighth and dower not barried without ninth sections of this Act, (as the case may be,) are complied with. 37 G. 3, c. 7, s. 1. acknowledg ment. Fee for certificate. Married wo may convey. 11. A fee of one dollar may be demanded for any certi ficate under this Act. 50 G. 3, c. 10, s. 2,-3 W. 4, c. 9, s. 2. CAP. LXXXV. An Act respecting the conveyance of Real Estate by HE ER Majesty, by and with the advice and consent of the follows: 1. Any married woman seized of or entitled to Real Estate in man of full age Upper Canada, and being of the age of twenty-one years, may, subject to the provisions hereinafter contained, convey the same, by Deed to be executed by her jointly with her husband, to such use and uses as to her and her husband may seem meet. 59 G. 3, c. 3, s. 1,---2 G. 4, c. 14. How to convey in Upper Canada. How in great 2. In case such married woman executes such Deed in Upper Canada, she shall execute the same in the presence of a Judge of one of the Courts of Queen's Bench or Common Pleas, or of a judge of the County Court, or of two Justices of the Peace for the County in which such married woman resides or happens to be when the Deed is executed, and such Judge or two Justices of the Peace (as the case may be) shall examine such married woman apart from her husband res pecting her free and voluntary consent to convey her Real Estate in manner and for the purposes expressed in the Deed, and if she gives her consent, such Judge or Justices shall, on the day of the execution of such Deed, certify on the back thereof to the following effect: 59 G. 3, c. 3, ss. 2, 3,---1 W. 4, c. 2, s. 1,---2 V. c. 6, s. 1,--14, 15 V. c. 115. "I, (or we, inserting the name or names, &c.) do hereby "certify that on this day of the within Deed was "duly executed in my (or our) presence by A. B., wife of of one "of the grantors therein named, and that the said wife of the 3. In case any such married woman resides in Great BriBritain or Ire- tain or Ireland, or in any Colony belonging to the Crown of Great Britain Britain other than Upper Canada, and there executes any such land or in the Deed, she shall execute the same in the presence of the Mayor colonies. or Chief Magistrate of a City, Borough or Town corporate in Great Britain or Ireland, or of the Chief Justice or a Judge of the Supreme Court of such Colony; and such Mayor or Chief Magistrate, Chief Justice or Judge (as the case may be) shall examine such married woman, apart from her husband, touching her consent in manner and form and to the effect specified in the second section of this Act, and if she thereupon gives such consent, such Mayor or Chief Magistrate, under his hand and the seal of the City, Town or Borough, or such Chief Justice or Judge under his hand, shall, on the day of the execution of such Deed, certify on the back thereof to the effect hereinbefore mentioned in the said second section. 59 G. 3, c. 3, ss. 2, 5,---1 W. 4, c. 2, s. 1,---2 V. c 6,---14, 15 V. c. 115. 4. In case any such married woman resides either tempo- How in foreign rarily or permanently in any State or Country not owing alle- States. giance to the Crown of Great Britain, and there executes any such Deed, she shall execute the same in the presence of the Governor or other Chief Executive Officer of such State or Country, or in the presence of the British Consul resident in such State or Country, or in the presence of a Judge of a Court of Record of such State or Country, and such Governor, Chief Executive Officer, Consul or Judge (as the case may be) shall examine such married woman apart from her husband, touching her consent in manner and form and to the effect specified in the second section of this Act; and if she thereupon gives such consent, such Governor or Chief Executive Officer, under his Hand and the Seal of such State or Country, or such Consul under his Hand, or such Judge under his hand and the Seal of his Court, shall certify to the effect hereinbefore mentioned in the said second section. 59 G. 3, c. 3, s. 2,---1 W. 4, c. 2, s. 1,-2 V. c. 6-14, 15 V. c. 115. 5. Every certificate given under this Act, shall be prima facie Certificate to evidence of the facts therein stated. 14, 15 V. c. 115, s. 2. be evidence primâ facie. attest as a 6. It shall not be necessary for any Judge or other Officer who The Officer cermay certify in any of the foregoing cases, to attest as a subscri- tifying need not bing witness, the execution of any Deed upon the back of which witness. he may so certify. 14, 15 V. c. 115, s. 1. 7. If any such Deed of any such married woman be not If not duly exeexecuted, acknowledged and certified as aforesaid, the same cuted the Deed shall not be valid or have any effect. 14, 15 V. c. 115, s. 2--- valid. 1 W. 4, c. 2, s. 1,---59 G. 3, c. 3, s. 5. shall not be effect than it 8. No Deed of a married woman executed according to The Deed not to the provisions of this Act shall have any greater effect than have greater the same would have had if such married woman had been she was sole. sole. 1. W. 4, c. 2, s. 2. |