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Remuneration

the Act not to be by length

5. In taxing any bill for preparing and executing any deed for deeds under under this Act, the taxing officer, in estimating the proper sum to be charged therefor, shall consider not the length of such deed, but the skill and labour employed and responsibility incurred in the preparation thereof. 9 V. c. 6, s. 3.

only.

Schedules, &c.,

to form part of Act.

6. The Schedules, and the directions and forms therein contained, shall be deemed parts of this Act. 9 V. c. 6, s. 6.

SCHEDULES TO WHICH THIS ACT REFERS.

THE FIRST SCHEDULE.

day of

,

one

This Indenture, made the thousand eight hundred and in pursuance of the Act to facilitate the conveyance of real property, between (here insert names of parties and recitals, if any,) Witnesseth, that in consideration of dollars, of lawful money of Canada, now paid by the said (grantee or grantees) to the said (grantor or grantors) (the receipt whereof is hereby by him (or them) acknowledged,) he (or they) the said (grantor or grantors) doth (or do) grant unto the said (grantee or grantees) his (or their) heirs and assigns for ever, all, &c., (parcels.) (Here insert covenants, or any other provisions.)

In witness whereof, the said parties hereto have hereunto set their hands and seals.

THE SECOND SCHEDULE.

DIRECTIONS AS TO THE FORMS IN THIS SCHEDULE.

In cases of Sale and Conveyance of Real Property.

or

99 66

от

1. Parties who use any of the forms in the first column of this Schedule, may substitute for the words "covenantor" or "covenantee, "" "releasor or "releasee, grantor "grantee," any name or names, and in every such case, corres ponding substitutions shall be taken to be made in the corres ponding forms in the second column.

2. Such parties may substitute the feminine gender for the masculine, or the plural number for the singular, in any of the forms in the first column of this Schedule, and corresponding changes shall be taken to be made in the corresponding forms in the second column.

3. Such parties may introduce into, or annex to, any of the forms in the first column, any express exceptions from, or other express qualifications thereof respectively, and the like

exceptions

exceptions or qualifications shall be taken to be made from or in the corresponding forms in the second column.

4. Such parties may add the name or other designation of any person or persons, or class or classes of persons, or any other words, at the end of form two, of the first column, so as thereby to extend the words thereof to the acts of any additional person or persons, or class or classes of persons, or of all persons whomsoever; and in every such case the covenants two, three and four, or such of them as may be employed in such deed, shall be taken to extend to the acts of the person or persons, class or classes of persons, so named.

COLUMN ONE.

with the said (covenantee.)

COLUMN TWO.

1. The said (cove- 1. And the said covenantor doth hereby, for nantor) covenants himself, his heirs, executors and administrators, covenant, promise and agree, with and to the said covenantee, his heirs and assigns, in manner following, that is to say:

2. That he has the 2. That for and notwithstanding any act, right to convey the said lands to the said deed, matter or thing by the said covenantor, (covenantee) notwith- done, executed, committed, or knowingly or standing any act of wilfully permitted or suffered to the contrary, the said (covenantor.) he, the said covenantor, now hath in himself

lands.

good right, full power, and absolute authority, to convey the said lands and other the premises hereby conveyed, or intended so to be, with their and every of their appurtenances, unto the said covenantee, in manner aforesaid, and according to the true intent of these pre

sents.

3. And that the 3. And that it shall be lawful for the said said (covenantee) covenantee, his heirs and assigns, from time shall have quiet possession of the said to time and at all times hereafter, peaceably and quietly to enter upon, have, hold, occupy, possess and enjoy the said land and premises. hereby conveyed, or intended so to be, with their and every of their appurtenances; and to have, receive, and take the rents, issues and profits thereof, and of every part thereof, to and for his and their use and benefit, without any let, suit, trouble, denial, eviction, interruption, claim or demand whatsoever of, from, or by him the said covenantor, or his heirs, or any person claiming, or to claim, by, from, under, or in trust for him, them, or any of them.

4. Free from all incumbrances.

4. And that free and clear, and freely and absolutely acquitted, exonerated, and for ever discharged,

COLUMN ONE

the said lands as may be requisite.

COLUMN TWO.

discharged, or otherwise by the said covenantor or his heirs well and sufficiently saved, kept harmless, and indemnified of, from and against any and every former and other gift, grant, bargain, sale, jointure, dower, use, trust, entail, will, statute, recognizance, judg ment, execution, extent, rent, annuity, forfeiture, re-entry, and any and every other estate, title, charge, trouble, and incumbrance whatsoever, made, executed, occasioned, or suffered by the said covenantor or his heirs, or by any person claiming, or to claim, by, from, under, or in trust for him, them, or any of them.

5. And the said 5. And the said covenantor doth hereby, for (covenantor) covenants with the said himself, his heirs, executors and administra(covenantee) that he tors, covenant, promise and agree with, and will execute such to the said covenantee, his heirs and assigns, further assurances of that he the said covenantor, his heirs, executors and administrators, and all and every other person whosoever having or claiming, or who shall or may hereafter have or claim, any estate, right, title or interest whatsoever, either at law or in equity, in, to, or out of, the said lands and premises hereby conveyed, or intended so to be, or any of them, or any part thereof, by, from, under, or in trust for him, them, or any of them, shall and will, from time to time, and at all times hereafter, upon every reasonable request, and at the costs and charges of the said covenantee, his heirs or assigns, make, do, execute, or cause to be made, done, or executed, all such further and other lawful acts, deeds, things, devices, conveyances, and assurances in the law whatsoever, for the better, more perfectly, and absolutely conveying and assuring the said lands and premises hereby conveyed, or intended so to be, and every part thereof, with their appur tenances, unto the said covenantee, his heirs and assigns, in manner aforesaid, as by the said covenantee, his heirs and assigns, his or their counsel in the law, shall be reasonably devised, advised or required, so as no such further assurances contain or imply any further or other covenant or warranty than against the acts and deeds of the person who shall be required to make or execute the same, and his heirs, executors or administrators, only, and

SO

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6. And the said

so as no person who shall be required to make or execute such assurances, shall be compellable for the making or executing thereof, to go or travel from his usual place of abode.

6. And the said covenantor doth hereby, (covenantor) cove for himself, his heirs, executors and adminisnants with the said (covenantee) that he trators, covenant, promise and agree with and will produce the title to the said covenantee, his heirs and assigns, deeds enumerated that the said covenantor and his heirs shall hereunder, and allow copies to be made and will, unless prevented by fire or other ineof them, at the ex- vitable accident, from time to time, and at all pense of the said (co- times hereafter, at the request, costs and

venantre.)

cove

charges of the said covenantee, his heirs or assigns, or his or their attorney, solicitor, agent, or counsel, at any trial or hearing in any action or suit at law or in equity, or other judicature, or otherwise, as occasion shall require, produce all and every or any deed, instrument or writing hereunder written, for the manifestation, defence and support of the estate, title and possession of the said covenantee, his heirs and assigns, in, or to, the said lands and premises hereby conveyed, or intended so to be, and at the like request, costs and charges, shall and will make and deliver, or cause to be made and delivered, true and attested, or other copies or abstracts of the same deeds, instruments and writings respectively, or any of them, and shall and will permit and suffer such copies and abstracts to be examined and compared with the said original deeds, by the said covenantee, his heirs and assigns, or such person as he or they shall for that purpose direct and appoint.

7. And the said covenantor, for himself, 7. And the said (covenantor) his heirs, executors and administrators, doth nants with the said hereby covenant, promise and agree with and (covenantee) that he to the said covenantee, his heirs and assigns, incumber the said that he hath not at any time heretofore made,

has done no act to

lands.

done, committed, executed, or wilfully or knowingly suffered any act, deed, matter or thing whatsoever, whereby or by means whereof the said lands and premises hereby conveyed, or intended so to be, or any part or parcel thereof, are, is, or shall or may be in any wise impeached, charged, affected, or incumbered in title, estate or otherwise how

soever.

COLUMN TWO.

Where words

the second

COLUMN ONE.

8. And the said

said lands.

8. And the said releasor hath released, re(releasor) releases to mised, and forever quitted claim, and by these the said (releasee) all his claims upon the presents doth release, remise, and forever quit claim, unto the said releasee, his heirs and assigns, all and all manner of right, title, interest, claim, and demand whatsoever, both at law and in equity, into and out of the said lands and premises hereby granted, or intended so to be, and every part and parcel thereof, so as that neither he nor his heirs, executors, administrators, or assigns, shall nor may, at any time hereafter, have, claim, pretend to, challenge, or demand the said lands and premises, or any part thereof, in any manner howsoever, but the said releasee, his heirs and assigns, and the same lands and premises shall from henceforth for ever hereafter be exonerated and discharged of and from all claims and demands whatsoever which the said releasor, might or could have upon him in respect of the said lands, or upon the said lands.

9. And the said

(A. B.) wife of the
said (grantor) here-
by bars her dower in
the said lands.

9. And the said (A. B.) wife of the said (grantor) for and in consideration of the sum of dollars, of the lawful money of Canada, to her in hand paid by the said (grantee) at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, hath granted and released, and by these presents doth grant and release unto the said (grantee) his heirs and assigns, all her dower and right and title which in the event of surviving her said husband, she might or would have to dower, in, to or out of the lands and premises hereby conveyed, or intended so to be.

CAP. XCII.

An Act respecting short forms of Leases.

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

follows:

1. When a deed, made according to the forms set forth in of column 1 of the first Schedule to this Act, or any other deed expressed to be made in pursuance of this Act, or referring thereto, contains of the forms or words contained in column one of the

Schedule are

employed, the

any

second

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