to furnish Re certain informations. 80. The Officer or person performing the duties formerly Commissioner assigned to the Surveyor General of the Province, shall, from of Crown Lands time to time within twelve months after any Registrar gistrars with has in writing made application to the said Officer or person for the same, furnish each such Registrar with a list of the names of all persons to whom Patents have issued from the Crown for grants of land within his County, and also with copies of all plans or maps of Towns and Townships within the same. 9 V. c. 34, s. 31. false swearing. 81. Any person forswearing himself before any Registrar Punishment for or his Deputy, or before any Judge, Commissioner, or other person duly authorized to administer an oath in any of the cases aforesaid, and lawfully convicted, shall incur and be liable to the same penalties as if the oath had been taken in any Court of Record in Upper Canada. 9 V. c. 34, s. 17. 82. Any person who forges or counterfeits any certificate or guilty of by this Act authorized or directed, or any Affidavit of the execu- forging. tion of any Memorial, or any such Memorial, is guilty of felony and shall be imprisoned at hard labor in the Penitentiary for any term not less than four years nor more than ten years. See 10, 11 V. c. 9, s. 9. 83. The following are the forms referred to in the foregoing Forms. sections of this Act: of the clock in the forenoon of the A. REFERRED TO IN THE 58TH SECTION No. 1, OF THIS ACT. To the Registrar of the County of J, A. B., of hath satisfied all money due upon a certain mortgage made by day of following, and that such mortgage is there do certify that C. D. of day of and registered at fore discharged. This Register contains pages and is to be used in and for the (City, Town or Township, (as the case may be), in the County of for the Enregistration of memorials, under the provisions of the Act respecting the Registration of Deeds, Wills and Judgments and of Decrees in Chancery, and is provided in pursuance of the requirements of the said Statute. Interpretation in this Act. САР. ХС. An Act respecting the transfer of real property, and the HER Majesty, by and with the advice and consent of the follows: 1. The words and expressions hereinafter mentioned, which of certain words in their ordinary signification have a more confined or a different meaning, shall in this Act, except where the nature of the provision or the context of the Act excludes such construction, be interpreted as follows, that is to say the word "Land" shall extend to messuages, lands, tenements and hereditaments, whether corporeal or incorporeal, and to any undivided share thereof, and to any estate or interest therein, and to money subject to be invested in the purchase of land or of any interest therein; the word "Conveyance" shall extend to a feoffment, grant, lease, surrender, or other assurance of land. 12 V. c. 71, s. 1. Corporeal tene- 2. All corporeal tenements and hereditaments shall, as renements, &c, gards the conveyance of the immediate freehold thereof, be deemed to lie in deemed to lie in grant as well as in livery. grant, &c. Feoffments un s. 2. 14, 15 V. c. 7, 3. A feoffnient, otherwise than by deed, shall be void at law, less by deed to and no feoffment shall have any tortious operation. 14, 15 V. be void. Partition or exchange of Land, &c., C. 7, s. 3. 4. A partition and an exchange of any land, and a lease required by law to be in writing of any land, and an assignment of a chattel interest in any land, and a surrender in writing of of any land not being an interest which might by law have unless by deed, been created without writing, shall be void at law, unless to be void. made by deed. 14, 15 V. c. 7, s. 4. may be disposed 5. A contingent, an executory, and a future interest, and a Certain interest possibility coupled with an interest in any land, whether the in tenements object of the gift or limitation of such interest or possibility be of by deed. or be not ascertained, also a right of entry, whether immediate or future, and whether vested or contingent into or upon any land may be disposed of by deed, but no such disposition shall by force only of this Act defeat or enlarge an estate tail, and any such disposition by a married woman shall be made conformably to the provisions of the Act enabling married women to convey their real estate. 14, 15 V. c. 7, s. 5. ders made 6. A contingent remainder, which existed at any time be- Certain contin tween the thirtieth day of May, one thousand eight hundred and get remainforty-nine, and the second day of August, one thousand eight valid. hundred and fifty-one, shall be deemed to have been capable of taking effect, not withstanding the determination by forfeiture, surrender or merger, of any preceding estate of freehold. 14, 15 V. c. 7, s. 6. render or mer sions expectant on a lease in certain cases. 7. When the reversion expectant on a lease of any land Effect of surmerges or is surrendered, the estate which, for the time ger of reverbeing, confers, as against the tenant under the same lease, the next vested right to the same land shall, to the extent of and for preserving such incidents to and obligations on the same reversion as but for the surrender or merger thereof would have subsisted, be deemed the reversion expectant on the same lease. 14, 15 V. c. 7, s. 7. covenants in by the merger 8. When the reversion of any land, expectant on a lease, The remedies has merged in any remainder or other reversion or estate, the for the rent and person entitled to the estate into which such reversion has a lease not to merged, his heirs, executors, administrators, successors and be extinguished assigns, shall have and enjoy the like advantage, remedy and of the immebenefit against the lessee, his heirs, successors, executors, diate reversion. administrators and assigns, for non-payment of the rent, or for doing of waste or other forfeiture, or for not performing conditions, covenants, or agreements contained and expressed in his lease, demise or grant, against the lessee, farmer or grantee, his heirs, successors, executors, administrators and assigns, as the person who would for the time being have been entitled to the mesne reversion which has merged, would or might have had and enjoyed if such reversion had not so merged. 12 V. c. 71, s. 12. trustees to be 9. The bona fide payment of any money to and the receipt Receipts of thereof by any person to whom the same is payable upon any effectual disexpress or implied trust, or for any limited purpose, and charges. such payment to and receipt by the survivors or survivor of No implied to be created by the word of two or more mortgagees or holders, or the executors or administrators of such survivor, or their or his assigns, shall effectually discharge the person paying the same from seeing to the application or being answerable for the misapplication thereof, unless the contrary be expressly declared by the instrument creating the trust or security. 12 V. c. 71, s. 10. 10. Neither of the words " Grant" or " Exchange," in any warranty, &c., deed, shall create any warranty or right of re-entry, or cove nant by implication, except in cases where by any Act in force in Upper Canada, it is declared that the word "Grant" shall have such effect. 12 V. c. 7, s. 6. 66 grant" or exchange." Any interest in lands which might be conveyed under this Act to be bound by judgments liable under execu tions. This Act not to 11. Any estate, right, title or interest in lands which, under the fifth section of this Act, may be conveyed or assigned by any party, shall be bound by the judgments of any Court of Record, and shall be liable to seizure and sale under Execution against such party, in like manner and on like conditions as lands are by law bound by Judgments and liable to seizure and sale under execution, and the Sheriff selling the same may convey and assign the same to the purchaser in the same manner and with the same effect as the party might himself have done. 12 V. c. 71, s. 13, 14, 15 V. c. 7, s. 9. 12. The foregoing sections of this Act shall not extend to any extend to deeds, deed, act or thing executed or done, or to any estate, right or &c., executed before 1st Jan- interest created before the first day of January, one thousand eight hundred and fifty, but they shall extend to and have operation and effect on and from that day. 12 V. c. 71, s. 14. uary, 1850. Corporations 13. Any Corporation aggregate in Upper Canada, capable aggregate may of taking and conveying land, shall be deemed to have been and convey by bargain and sale. to be capable of taking and conveying land by deed of bargain and sale, in like manner as any person in his natural capacity, subject nevertheless to any general limitations or restrictions and to any special provisions as to holding or conveying real estate which may be applicable to such Corporation. 4 W. 4, c. 1, s. 46. Deed of bargain and sale shall not require en der it a valid conveyance. 14. No deed of bargain and sale of land in Upper Canada, executed subsequent to the sixth day of March, one thousand rolment to ren- eight hundred and thirty-four, shall require enrolment or regis tration to supply the place of enrolment, for the mere purpose of rendering such bargain and sale a valid and effectual conveyance for passing the land thereby intended to be bargained and sold; but this shall not affect any question of priority under the affect priority. Registry Act. 4 W. 4, c. 1, s. 47,---13, 14 V. c. 63, s. 3. This shall not CAP. XCI. An Act respecting Short Forms of Conveyances. ER Majesty, by and with the advice and consent of the follows: the second deed to have 1. When a deed made according to the forms set forth Where words in the first Schedule to this Act, or any other deed expressed of column 1 of to be made in pursuance of this Act, or referring thereto, con- Schedule are tains any of the forms or words contained in column one of the employed, the second Schedule hereto annexed, and distinguished by any the same effect number therein, such deed shall be taken to have the same as if the words effect, and be construed as if it contained the form of words contained in column two of the same Schedule, and distinguished by the same number as is annexed to the form of words used in the deed; but it shall not be necessary, in any such deed, to insert any such number. 9 V. c. 6, s. 1. in column 2 were inserted. der this Act to 2. Any deed or part of a deed, which fails to take Deeds failing to effect by virtue of this Act, shall, nevertheless, be as effectual, take effect unto bind the parties thereto, so far as the rules of law and equity be as valid as if will permit, as if this Act had not been made. 9 V. c. 6, s. 4. Act not made. all houses, &c., 3. Every such deed, unless an exception be specially made Deed to include therein, shall be held and construed to include all houses, out- and the reverhouses, edifices, barns, stables, yards, gardens, orchards, com- sion, and all the mons, trees, woods, underwoods, mounds, fences, hedges, estate, &c. ditches, ways, waters, water-courses, lights, liberties, privileges, easements, profits, commodities, emoluments, hereditaments and appurtenances whatsoever, to the lands therein comprised, belonging or in any wise appertaining, or with the same demised, held, used, occupied and enjoyed, or taken or known as part or parcel thereof; and if the same purports to convey an estate in fee, also the reversion or reversions, remainder and remainders, yearly and other rents, issues and profits of the same lands, and of every part and parcel thereof, and all the estate, right, title, interest, inheritance, use, trust, property, profit, possession, claim and demand whatsoever, both at law and in equity, of the grantor, in, to, out of, or upon the same lands, and every part and parcel thereof, with their and every of their appurtenances. 9 V. c. 6, s. 2. 4. In the construction of this Act, and the Schedules thereto, Construction of unless there be something in the subject or context repugnant Act. to such construction, the word "lands" shall extend to all freehold tenements and hereditaments, whether corporeal or incorporeal, or any undivided part or share therein, respectively; and the word "party" shall mean and include any body politic or corporate or collegiate as well as an individual. 9 V. c. 6, s. 5. |