Investments to be in certain debentures or stock only.

Costs of pro

to be apportioned and recovered or secured.

he may be proceeded against and punished for embezzling the moneys of the "Real Representative" as in ordinary cases of embezzlement of a clerk or servant. 20 V. c. 65, s. 28.

35. All investments of moneys arising from sales shall be made in Provincial or Consolidated Municipal Loan Fund Debentures or in Canadian Consolidated Stock. 20 V. c. 65, s. 29,---22 V. c. 84, s. 1.

36. The Court shall apportion the costs of the proceed ceedings, how ings on the petition according to the respective shares and inte rests of the parties known or unknown, and shall direct the same to be paid to the petitioners, and such order shall operate as a judgment for such costs, and on a copy thereof being filed in the County Registry Office where the lands lie, shall be a charge for such proportion, against the shares representing such proportion, and execution may issue thereon as in ordinary cases of costs, and such share or interest may be sold thereon and a valid title on such sale be given to the purchaser thereof, as in the cases of sales by sheriffs in execution; and if judgment be rendered against the petitioners for any cause, the Court shall adjudge costs against them, to be recovered as in cases of personal actions 20 V. c. 65, s. 30.

Removal of

certiorari.

37. The proceedings upon petition, if commenced in a proceedings by County Court, may, at any time before judgment, be removed into either of the Superior Courts of Law or Equity by cer tiorari, to be allowed by any judge of such Court, on security being given by the party applying for the certiorari, for the costs of the proceedings on petition, to the satisfaction of such judge; and upon any final judgment, decree or order, an appeal may be had by any of the parties interested, in the same manner and with the same consequences as in other cases of appeal, from the decision of any Court rendering such judg ment, decree or order. 20 V. c. 65, s. 31.

Powers of the

cery when the interests are equitable fees simple.

38. Where the interests in such estate are equitable Court of Chan- fees simple, the Court of Chancery alone shall have the same powers, upon petition or bill filed in that Court, to act thereupon, as are hereby given to the Courts of Law and Equity in other cases, and the same notices shall be given, served, published and verified, guardians of minors appointed, and the same rules apply as to parties, and the like proceedings be had, as hereinbefore directed. 20 V. c. 65, s. 32.

Statement to be published yearly by Clerks of Courts

of moneys in hand and unclaimed.

39. In the month of January of every year, the Clerk of the Court having the custody of any bonds, mortgages or investments arising from sales of such estates, for the benefit of any unknown, absent, infant or lunatic parties, where no claim has been made on their behalf for any interest or principal of such investments during the preceding year, shall cause to be pub lished in the Canada Gazette, and in one newspaper in the

County

County in which such lands are situate, weekly, for the period of four weeks, a statement of the securities or investments remaining unclaimed, showing the name of the intestate party, the amount unclaimed, and the property from which the claim has arisen, and such statement shall be verified by the Clerk, and a copy thereof be filed among the records of the Court. 20 V. c. 65, s. 33.

possess like

40. In all cases of partition and sale of estates of joint The Court of tenants, tenants in common and coparceners, the Court of Chan- Chancery to cery shall also possess the same jurisdiction as by the laws of powers as the England, on the tenth of August, one thousand eight hundred Court of Chancery in Engand fifty, were possessed by the Court of Chancery in England. land. 13, 14 V. c. 50, s. 4.

the parties.

41. Any partition or sale made by the Court of Chancery, Partition or shall be as effectual for the apportioning or conveying away of sale by the Court of Chan] the estate or interest of any married woman, infant or lunatic, cery to be as party to the proceedings by which the sale or partition has been valid as if by made or declared, as of any person competent to act for himself, and an office copy of any Decree, Order or Report for a partition or sale shall be sufficient evidence in all Courts, of the partition declared thereby and of the several holdings by the parties of the shares allotted to them. 13, 14 V. c. 50, s. 4.

42. The Judges of the Superior Courts of Common Law Courts to make and the Court of Chancery, respectively, shall make such tariff tarifis, rules. of fees and rules and orders, for the proceedings on petitions

at Law and in Equity, as they shall deem expedient and advisable. 20 V. c. 65, s. 34.

CAP. LXXXVII.

An Act respecting Mortgages of Real Estate.

[ER Majesty, by and with the advice and consent of the

follows:

perty, &c., may

1. Any mortgagee of freehold or leasehold property, or any Assig- Mortgagee of nee of such Mortgagee, may take and receive from the Mort- freehold progagor or his Assignee, a release of the equity of redemption in receive release, such property, or may purchase the same under any power of &c., without sale in his Mortgage, or any judgment or decree, without thereby merging the Mortgage debt as against any subsequent Morthens, gagee registered judgment-Creditor having a charge on the outside by

same property. 14, 15 V. c. 45, s. 1.

merger of debt.

can 41-1861

2. In case any such prior Mortgagee or his Assignee, takes a when prior release of the equity of redemption of the Mortgagor or his mortgage shall Assignee in such Mortgaged property, or purchases the same equity of reunder any power of sale in his Mortgage, or any judgment or demption, &c.

ccc2

decree,

take release of

mortgagee not

perty without

subsequent decree, no subsequent Mortgagee or his Assignee, or registered entitled to fore. judgment Creditor, shall be entitled to foreclose or sell such proclose or sell property without redeeming or selling subject to the rights of such prior Mortgagee or his Assignee, in the same manner as if such prior Mortgagee or his Assignee had not acquired such equity of redemption. 14, 15 V. c. 45, s. 2.

redeeming, &c.

Priority of
mortgage

wh41/617

3. This Act shall not affect any priority or claim which any Mortgagee er judgment. Cred may have under the registry register Act not laws. 14, 15 V. c. 45, s. 3.

to be affected.

In proceedings

&c., state of

mortgage ac

be

count may proved prima jacie, by statement on oath

4. On any proceeding for foreclosure by, or for redemption for foreclosure, against an Assignee of a Mortgagee, the statement of the Mortgage account, under the oath of such Assignee, shall be suffi cient prima facie evidence of the state of such account, and no affidavit or oath shall be required from the Mortgagee or any intermediate Assignee denying any payment to such Mortga gee or intermediate Assignee, unless the Mortgagor or his Assignee, or the party proceeding to redeem, denies the correctness of such statement of account by oath or affidavit. 14, 15 V. c. 45, s. 4.

of assignee of
mortgage.

Executors of

deceased mort

gagees may
convey or re-

lease the lands

mortgaged in
certain cases.

No land or rent to be covered

5. When any person entitled to any freehold or leasehold land by way of Mortgage, has departed this life, and his executor or administrator is entitled to the money secured by the Mortgage, or has assented to a bequest thereof, or has assigned the Mortgage debt, such executor or administrator, if the Mortgage money was paid to the testator or intestate in his lifetime, or on payment of the principal money and interest due on the said Mortgage, may convey, release and discharge the said Mortgage debt, and the legal estate in the land; and such executor or administrator shall have the same power as to any portion of the lands, on payment of some part of the Mortgage debt, or on any arrangement for exonerating the whole or any part of the Morgaged lands without payment of money, and such conveyance, release or discharge shall be as effectual as if the same had been made by the person having the legal estate. 14, 15 V. c. 7, s. 8.

An Act respecting the limitation of Actions and Suits relating to Real Property, and the time of prescription in certain cases.

HER

ER Majesty, by and with the advice and consent of the
Legislative Council and Assembly of Canada, enacts as

follows:

1. No person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next

after

twenty years

after the time at which the right to make such entry or distress, but within or to bring such action, shall have first accrued to some person after the right through whom he claims; or if such right shall not have of action acaccrued to any person through whom he claims, then within crued to the twenty years next after the time at which the right to make some person such entry or distress, or to bring such action, shall have first whose estate accrued to the person making or bringing the same. 4 W. . 4,

c. 1, s. 16.

claimant or

he claims.

2. In the construction of this Act, the right to make an entry when the right or distress, or bring an action to recover any land or rent, shall shall be deemed be deemed to have first accrued at such time as hereinafter is to have first acmentioned 4 W. 4, c. 1, s. 17.

crued.

1. When the person claiming such land or rent, or some On dispossesperson through whom he claims, shall, in respect of the estate sion. or interest claimed, have been in possession or in the receipt of the profits of such land, or in receipt of such rent, and shall, while entitled thereto, have been dispossessed, or have discontinued such possession or receipt, then such right shall be deemned to have first accrued at the time of such dispossession or discontinuance of possession, or at the last time at which any such profits or rent were or was so received; 4 W. 4, c. c. 1, s. 17.

2. When the person claiming such land or rent claims the On abatement estate or interest of some deceased person who shall have or death. continued in such possession or receipt, in respect of the same estate or interest, until the time of his death, and shall have been the last person entitled to such estate or interest who shall have been in such possession or receipt, then such right shall be deemed to have first accrued at the time of such death; 4 W. 4, c. 1, s. 17.

3. When the person claiming such land or rent claims Alienation. in respect of an estate or interest in possession, granted, appointed, or otherwise assured by any instrument other than a will, to him or some person through whom he claims, by a person being in respect of the same estate or interest, in the possession or receipt of the profits of the land, or in receipt of the rent, and no person entitled under such instrument shall have been in possession or receipt, then such right shall be deemed to have first accrued at the time at which the person claiming, as aforesaid, or the person through whom he claims, became entitled to such possession or receipt by virtue of such instrument; 4 W. 4, c. 1, 17.

4. When the estate or interest claimed shall have been an In case of fu estate or interest in reversion or remainder, or other future ture estates. estate or interest, and no person shall have obtained the possession or receipt of the profits of such land, or the receipt

of such rent, in respect of such estate or interest, then such

right shall be deemed to have first accrued at the time at wh such estate or interest became an estate or interest in session; 4 W. 4, c. 1, s. 17.

5. When the person claiming such land or rent, or person through whom he claims, shall have become entit by reason of any forfeiture or breach of condition, then right shall be deemed to have first accrued when such feiture was incurred or such condition broken. 4 W. 4,0 s. 17.

3. In the case of lands granted by the Crown of which grantee, his heirs or assigns by themselves, their servant agents have not taken actual possession by residing up cultivating some portion thereof, and in case some other son not claiming to hold under such grantee has been in po sion of such land, such possession having been taken w the land was in a state of nature, then unless it can be sh that such grantee or such person claiming under him whil titled to the lands had knowledge of the same being in actual possession of such other person, the lapse of twenty shu not bar the right of such grantee or any person clai under him to bring an action for the recovery of such but the right to bring such action shall be deemed to hav crued from the time that such knowledge was obtained.

Where advant

age or forfeiture

he shall have a

into possession.

4. When any right to make an entry or distress, is not taken by bring an action to recover any land or rent, by reason remainder man, forfeiture or breach of condition, shall have first accrue new right when respect of any estate or interest in reversion or remainder, his estate comes the land or rent shall not have been recovered by virtue of right, the right to make an entry or distress, or bring an a to recover such land or rent, shall be deemed to have accrued in respect of such estate or interest at the time the same shall have become an estate or interest in posses as if no such forfeiture or breach of condition had happe 4 W. 4, c. 1, s. 17.

have a new

right.

Reversioner to 5. The right to make an entry or distress, or to bring action to recover any land or rent, shall be deemed to first accrued in respect of an estate or interest in reversi the time at which the same shall have become an esta interest in possession, by the determination of any esta estates in respect of which such land shall have been hel the profits thereof or such rent shall have been received

withstanding the person claiming such land, or some p through whom he claims, shall, at any time previously creation of the estate or estates which shall have determ have been in possession or receipt of the profits of such

or in receipt of such rent. 4 W. 4, c. 1, s. 17.