different meaning, shall in this Act, except where the nature of the provision or the context of the Act shall exclude such construction, be interpreted as follows, that is to say the word "land," shall extend to messuages, and all other hereditaments, whether corporeal or incorporeal, and to money to be laid out in the purchase of land, (and to chattels and other personal property transmissible to heirs,) and also to any share of the same hereditaments and properties, or any of them, and to any estate of inheritance, or estate for any life or lives, or other estate transmissible to heirs, and to any possibility, right or title of entry or action, and any other interest capable of being inherited, and whether the same estates, possibilities, rights, titles and interests, or any of them, shall be in possession, reversion, remainder or contingency; and the word "assurance," shall mean any deed or instrument (other than a will) by which any land shall be conveyed or transferred at law or in equity; and the word "rent," shall extend to all annuities and periodical sums of money charged upon or payable out of any land. 4 W. 4, c. 1, s. 59. 50. The eighteenth section of the Interpretation Act of the Section 18 of Upper Canada Consolidated Statutes, is not to apply to this Cap. not to Act, unless the context requires a construction in accordance Act. there with. CAP. LXXXIX. An Act respecting the Registration of Deeds, Wills, ments. He Council and Assembly of Canada, en acts as ER Majesty, by and with the advice and consent of the follows: apply to this 1. In the construction of this Act, the word "Instrument," Interpretation shall include every deed, conveyance, assurance and other in- clause. strument whereby lands or real estate may be transferred, disposed of, or affected, the word "Land" shall include lands, tenements, hereditaments and real estate, the word "Will" shall include every devise whereby lands are disposed of, or affected, the word " Affidavit" shall include Affirmation, and the word "County" shall include a City, Junior County, and Riding having a separate Registry Office established therein. 9 V. c. 34, s. 10. Office to be 2. There shall be a separate Registry Office in every County A Registry and Union of Counties in Upper Canada, wherein at present a kept in each separate Registry Office is established, and whenever any County in UpCounty is separated from a Union of Counties, or a new per Canada. County is formed, there shall be a separate Registry Office DDD established Governor may, by proclama a registry Office in any City, Junior County or riding of a County; established therein, which office shall be kept in the County Town in like manner as in other Counties. 9 V. c. 34, s. 3,— 16 V. c. 187, ss. 4, 11,-See 14, 15 V. c. 5, s. 1, latter part, s. 2,---22 V. c. 99, s. 50. 3. In case the Governor deems the circumstances of any tion, establish City, or of any Junior County of an Union of Counties, or Riding of a County or Counties not set apart for Judicial or Municipal purposes, such as to call for or render expedient and advisable the establishment therein of a separate Registry Office, he may from time to time by an Order in Council cause to be issued a Proclamation under the Great Seal of this Province, and thereby set apart and establish a Registry Office for such City or Junior County or Riding of a County or Counties, and in the case of a Junior County or Riding of a County or Counties, name some place where the Office of the Registrar shall be held until the dissolution of such Union of Counties of the erection of such Riding into a separate County and the fixing therein of a County Town, when such Registry Office shall be removed to and kept in such County Town. 22 V. c. 95, s. 1. And appoint the place there of in a Junior County or Rid ing. All Acts in ing Registry Offices, to apply to those established 4. Upon the issuing of any such Proclamation the provisions force respect of this Act, in reference to the establishment of Registry Offices, or in connection therewith, and in reference to the registration of Deeds or other instruments affecting real estate shall, except under this Act. in so far as the same may be inconsistent with the provisions of the last preceding section of this Act, apply to Registry Offices, so set apart and established, and the word "County in this Act shall, for the purposes of this and the last preceding section of this Act, mean and include a City, as well as a Junior County or a Riding of a County or Counties for which a separate Registry Office may be so established; and the duties imposed upon Municipal Councils shall, in the case of such Junior County or Riding, be discharged by the Municipal Council of the Counties of which such Junior County or Riding forms part, and in the case of a City by the Municipal Council of such City. 22 V. c. 95, s. 2. Offices to be 5. Every Registry Office shall be kept by a Registrar apkept by regis- pointed by the Governor. 9 V. c. 34, s. 3. trars. If office inconveniently situated, Governor may re move it. In what offices Deeds, &c., to be registered. 6. Whenever in any County or Union of Counties the Registry Office appears to the Governor to be inconveniently situ ated, he may by Proclamation order the same to be removed to any other place in the County. 9 V. c. 34, s. 30,—22 V. c. 99, s. 50. 7. Until the establishment of additional Registry Offices, all Deeds, Wills and Memorials, Instruments, Judgments, Decrees and proceedings, for the Registry of which provision is by law made, may be registered in the present Offices, and with the same effect as at present. 16 V. c. 187, s. 4. 8. For the safe keeping of all books, records and other pa- Fire proof of pers belonging to the Office of Registrar, the Council, in fices and vaults each and every County all the expense of the for provid County, not exceed thousand to be Registry dollars, safe and offices. proper Fire proof Offices and Vaults, at the place where the Registry Office is to be kept, and the Registry Office shall from thenceforth be kept there. 9 V. c. 34, s. 19. REGISTRAR. 9. Every Registrar in Office when this Act takes effect, is Registrars conhereby continued in his Office, subject to the laws respecting tinued in office. the same. the Governor 10. As occasion requires, the Governor shall from time to A registrar to time, by commission under the Great Seal of the Province, be appointed by appoint a fit person to the office of Registrar, and shall in like under the Great manner fill up any vacancy occurring by the death, resigna- Seal. tion, removal or forfeiture of office by any Registrar. 9 V. c. 34, s. 3. 11. In the Commission of every Registrar a convenient Place where place shall be named where the Registry Office is to be held, office kept to until otherwise ordered. 9 V. c. 34, ss. 3, 4. See 22 V. c. 95, the commis8.50. sion. 12. Every Registrar, before he enters upon the execution of Registrar to his office, shall be sworn before two or more of the Jus- take an oath of tices of the Peace for the County, in these words : 66 office. "You swear that you will well, truly and faithfully perform Form. " and execute the office and duty that is directed and required "by any Act of the Legislature of this Province, in registering "Deeds, Memorials of Deeds, Conveyances, Wills and Judgments, within the County of so long as you "continue in the said office, and that you have not given or "promised, directly nor indirectly, nor authorized any person "to give any money, gratuity or reward whatsoever, for pro"curing or obtaining the said office for you. So help you God." 9 V. c. 34, s. 25. 13. Before any Registrar is sworn into Office, such Regis- Registrars to trar and two or more sufficient sureties shall enter into a Re- enter into a recognizance cognizance in writing under their hands and seals to Her Mawith sureties. jesty, in the penal sum of four thousand dollars, which sureties shall be approved of by two or more Justices of the Peace for the County, and such Recognizance shall be taken by the same Justices, and shall be conditioned for the true and faithful performance by the said Registrar of his duty in the execution of his office, in all things directed and required by law, and shall, by the said Justices within six months after the date thereof, be transmitted into the Court of Queen's Bench, to remain DDD2 Rek When in case gistrar, recog- remain amongst the Records of the said Court. 9 V. c. 34, s. 26. 14. In case of the death or resignation of a Registrar, and of death of Re- in case within the space of one year thereafter no mis-conduct appears to have been committed by him in his Office, then at the end of such year the Official recognizance hereinbefore required shall be void. 9 V. c. 34, s. 28. void. Registrar may nominate a Deputy. Deputies to be sworn. What Deeds ments may be Powers of At- Wills. Judgments. Decrees. 15. The Registrar may nominate a Deputy in his office, and may remove him, and appoint another in his place, whenever he thinks it necessary; and in case of the death, resignation, removal or forfeiture of office of the Registrar, the Deputy Registrar shall do and perform all and every act, matter and thing necessary for the due execution of the said office, until a new appointment be made. 9 V. c. 34, ss. 5, 26. 16. Every Deputy, before he enters on the execution of his office, shall take the same oath appointed to be taken by the Registrar, before two or more Justices of the Peace for the County. 9 V. c. 34, s. 26. INSTRUMENTS AND PROCEEDINGS THAT MAY BE REGISTERED. 17. The following instruments and proceedings may be registered at the election of the party concerned, viz : 1. Deeds, Conveyances and Assurances of or in any wise affecting in law or equity any lands in Upper Canada, executed after such lands have been granted by Letters Patent; 9 V. c. 34, s. 6. 2. Powers of Attorney under which any such Deed, Conveyance or Assurance has been executed; 16 V. c. 187, s. 7,--18 V. c. 127, s. 5. 3. Wills and Devises of or affecting any such lands, the testator being dead. 9 V. c. 34, s. 6. 4. Judgments ented up in a suit or action in any Court of Record, and when exeding forty dollars in any Division Court in Upper Canada; V. c. 34, s. 13,--19 V. c. 90, s. 7,---13, 14 V. c.l53, s. 58. 5. Decrees of foreclosur and all other decrees affecting any title or interest in land, also ecrees or orders of the Court of Chancery, or of a County Court on its equity side, for the payment of money, costs or charges;18 V. c. 127, s. 4,--20 V. c. 56, s. 10. 6. The filing of a Bill or taking of proceedings in Chancery, or of a County Court on its equity side, whereby any title or interest interest in lands in Upper Canada may be brought in question: 18 V. c. 127, s. 3. 7. Satisfaction of judents and mortgages; 9 V. c. 34, Satisfaction of judgments and ss. 23, 24,--10, 11 V. c. 16, 1, 2,--20 V. c. 57, s. 20. mortgages. S. Discharge of Decres Orders of the Court of Chancery Discharges of or of a County Court on is equity side, for the payment of decrees or ormoney, costs, charges or expenses; 20 V. c. 56, latter part of cery. s. 10. ders in chan 9. Every rule or order of the Court of Queen's Bench or All rules aud Reh. br Common Pleas or of Judge thereof directing payment of orders directing the payment of Cab 4 money other than costs, every rule or order of a County money may be Court directing such payment 22 V. c. 33, s. 17. (1859.) HOW REGISTERED. registered. other Instru 1861 До 18. Deeds, Conveyances Assurances, Powers of Attorney How deeds reand Wills are to be registered through memorials thereof; and gistered. Sheriff's Deeds of lands sold for faxes, Judgments, Decrees How Sheriff's and Proceedings in Chancery, of a County Court on its Deeds and equity side, rules or orders of the Courts of Queen's Bench or ments regis-41Common Pleas, or of a Judge the of, and rules or orders of tered. a County Court respectively directing payment of money other than costs, through certificates thereof. 9 V. c. 34, s. 7,-16 V. c. 182, ss. 65, 66,---6 G. 4, c.1, ss. 19, 2018 V. c. 127, ss. 3, 4,---22 V. c. 33, s. 17, (1859) REQUISITES OF A MEMORIAL TO BE REGISTERED. 19. Every Memorial shall be in writing or be partly printed Memorial to be and partly written: 9 V. c. 34, s. 7. in writing, and 1. It shall contain the date of the Instrument or Will, the Date, &c. names and additions of all the parties to the instrument or of the Devisor, Testator or Testatrix of the will as set forth in the Instrument or Will; 9 V. c. 34, s. 8. 2. The names and additions of all the witnesses to the In- Names of witstrument or Will and of their places of abode respectively; 9 V. c. 34, s. 8. nesses. Deed. 3. It shall mention the lands contained in the Instrument or Description of Will, and the City, Town, Township or Place in the County land as in the or Riding where the lands are situate in the manner in which the same are described in the Instrument or Will, or to the same effect. 9 V. c. 34, s. 8,-16 V. c. 187, s. 5. 20. The Memorial of an instrument other than a power of Memorial of Deed, &c., to Attorney, shall be under the hand and seal of the grantor or of be under the one or more of the grantors, or of the grantee or of one or more hand of the of the grantees, his or their heirs, executors or administrators, guardians grantor or 186 |