C À P. XXII
An Act to amend the Ordinance providing for
the Registration of Titles to Real Property
or Incumbrances thereon in Lower Cana.
da ; and further to extend the time allowed by the said Ordinance for the Registration of
certain claims.
‘ [9h December, 1843.]
| \ À THEREAS it is expedient to increase the faci-
lities for the Registering of certain Instruments relative to Real and Immoveable Estates in Lower Canada, by amending and repealing certain parts of the Ordinance of the Governor and Special Council of the late Province of Lower Canada, intituled, An Ordinance to prescribe and regulate the Registering of Titles to Lands, Tenements and Hereditaments, Real or Immoveable Estates, and of charges and incumbrances on the same ; and for the alteration and improvement of the Law in relation to the Alienation and Hypothecution of Real Estates, andthe Rights and Interest acquired therein ; Be it therefore enacted, by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lepgislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of
Preamble,
Ord. 4 V!
30, cited.
Vicroriæ, Car. 22. 1843.
Great Britain and freland, intituled, An Act to rcunite ie Provinces of Upper and Lower Canada, and Jor the Govcrnment of Canada, and it is hereby enacted he fifth sec- by the authority of the same, that the fifth section of the nendpatof above in part recited Ordinance, and so much of the y-eighth a « ‘ : :
tion of the fifty-eighth section of the said Ordinance as substitutes 47 Hi the Districts to be constituted, by Proclamation, for the Judicial Districts mentioned in the said fifth section, shall be and the same is hereby repealed, from and after the first day of March, in the year one thousand eight hundred and forty four.
Registry Of IT. And be it enacted, that from and after the day
ssh just aforesaid, there shall be established in each and
ralCountis, every County, in that part of this Province heretofore
sent Muni. Lower Canada, at such place as the Governor or person
alor Regis administering the Government of this Province shall
cts. appoint, a Public Office for the Registering of all deeds, wills, conveyances, notarial obligations, contracts and instruments in writing, and all other acts and writings whatsoever, affeciing or relating to real or Immoveable Estates, described or alluded to in the first section of the above in part recited Ordinance, in any manner affecting lands, tenements and hereditaments, Real or Immoveable Fstates situate, 1ying or being within such Counties, respectively ; and it shall be lawful for the Governor of this Province, from time to time, and as occasion may require, to appoint a person of fit integrity and ability, to be Recgistrar of each and every of the said Counties, respectively, by whom the said office shall be kept, and the duties imposed by the said Ordinance as amended by this Act in respect of the same, shall be performed ; and to remove any such Registrar and in case of vacancy of the said office by death, resignation or removal, to appoint another fit person to fill such vacancy.
tegisters, &c. [IT And be it enacted, that forthwwith after the said |
F the former
jounty Regis. first duy of March in the year one thousand eight hun-
ame nt St D rer
Act to re- 'anada, and eby enacted ection of the nuch of the s substitutes tion, for the ifth section, rom and af- 1e thousand
fter the day in each and e heretofore nor or person rovince shall , of all deeds, ontracts and and writings Immoveable st section of any manner ents, Real or , within such awful for the ime, and as f fit integrity every of the e said office ie said Ordiof the same, h Regpistrar death, resigperson to fill
er the said |
d eight hun-
| tody they shall be, shall have the same powers and du- hf
1843. 7° Vicroriæ, Car. 22.
dred anc f.:ty four, all and every the books, records, try Ofices indexes, documents and papers appertaining to the n° "ame County Registry Offices, established under and in pur- from whick} suance of the several Acts of the late Province of Lower 2", ‘1 Canada, repealed by the said in part recited Ordinance, in the Counties of Drummond, Sherbrooke, Stanstead, Shefford and Missisquoi, and also in the Counties of | the Two Mountains, Beauharnoïis, Ottawa, Megantic | and Acadie, which were by the said Ordinance requir- | ed to be transmitted to the Registry Offices constituted À under the Provisions of the said Ordinance in the several
Municipal or Registration Districts in which the Re- 4 gistry Offices for the said Counties respectively were ! situate, uall be returned into the Registry Offices here- | inbefore authorized to be established in or for the respective Counties from whence they were removed or 1! to which they relate, and shall inake partof the Records of the Registry Offices into which they shall be so re- | turned or remav:d ; and the Registrars in whose cus- 1]
ties with regard to them, and may grant certificates con-
-cerning them or any thing in them contained, as the Registrar in whose custody they were before such removal, would have had or might have done if this Act had not been passed.
IV. And provided also, and be it enacted, that all Other R the Memorials, Books, Records, Indexes, Eocuments, 7... inl and papers made under the provisions of the said in Ofices w!
. . . . th JW * part recited Ordinance, shall remain in and form part Lu transe
| of the Records and papers of the Registry Office for c certain | the Counties within which the Registry Offices in iothe Cout | |
which they now are shall have been respectively kept ; “, “hih}
and 50 soon as may be after the said first day of March À] one thousand eight hundred and forty four, there shall be transmitted by the Registrars in whose possession such Memorials, Books, Records Indexes, Documents and papers, shall respectively be, copies certified by such: Registrar of all such entries therein as relate to or im
7 Vicroriæ, Car. 22. 1843. 1:
any manner affect lands, tenements, hereditaments, real al | or iinmoveable Estates or any charges or incumbrances ti h on the same, to the Registry Office ofthe County within w n which the property to which the said entries respec- dc À tively relate shall be situate; and for such certified gi d copies the Registrar furnishing the same, shall receive ÿ from and out of the Consolidated Revenue Fund of | this Province a sum equal to six pence currency, per | le hundred words contained in the said copies. | th | in ll documents V. And beitenacted that all and every the docu- | te He Due ments, instruments in writing, acts and things mention- | “es or before Ed and designated in the first section of the above in | mai» part recited Ordinance, or required by the said Ordi- | tic “tered by nance to be registered by Memorial or otherwise, as well | sci affennh those passed or executed before Notaries as those | Re PL assed and executed before witnesses, and judgments, | sh judicial acts and proceedings and other matters of | record, may, from and after the passing of this Act, be | registered at full length, by transcribing the same into | dis the Registers or Books of Registration, in the several | Pr Registry Offices to be established under the provisions | ma of this Act, subject nevertheless to all the other require- | reg ments of the above in part recited Ordinance, in so far, | an as the same may not be inconsistent with this Act, | sh: and such Registration at full length shall have the same | to legal effect as a registration by Memorial, and the cer- | me tificate signed and indorsed on any such document, | pra instrument in writing, act or thing registered at full | cop length, shall be taken and allowed as evidence of such of | Registry in all Courts of Justice whatsoever : Provided, inc ET that if such document, instrument in writing, act or cha thing to be registered at full length, shall have been ma passed or executed before Notaries, or shall be a judicial or Act or pen or any matter of record, the produc- cha tion to the Registrar or his Deputy of the Notartïal copy act Ref thereof, or of an authentic copy thereof duly attested aris A and certified by the d'a on officer, by the person pre- suc | senting the same for Registration, shall be sufficient to | bra
ments, real ‘umbrances anty within ries respecch certified hall receive je Fund of rrency, per
y the docugs mentione above in said Ordivise, as well s as those judgments,
matters of
this Act, be e same into:
the several e provisions her requiree, in so far, h this Act, e the same and the cer-
document, red at full
ce of such
: Provided,
iting, act or
have been pe a judicial he producptarial copy uly attested person pre-
sufficient to
1° Vicroriæ, Cap. 22.
authorize and oblige such Registrar or Deputy Registrar to register the same, withoùüt any requisition in writing from or by either or any of the parties to the document, instrument in writing, act or thing to be registered.
VI And be it enacted, that the Registration at full Regitraiol length of any document, instrument in writing, Act or à bare lengtl
thing shall avail to preserve the rights of all parties ment to avai! interested therein, as effectually as if it had been regis- A de
: ghts of par!
tered at the instance of such parties respectively. ties. | . VIL And be it enacted, that whenever the Registra- When Regis! tion shall be made by memorial in the manner pre- des
scribed by the said Ordinance, the certificate of the the certificat, Registrar shall contain a copy of such memorial, or Pt
shall be indorsed upon a copy thereof. theroof, or it dorsedthereor |
VII. And be it enacted, that an entry of the partial … Partil ail discharge of any incumbrance upon any Land or Re:ll TS Property may be validly made by the Registrar in the ère o!| margin of the Register, in the manner provided with gites ‘A regard to the total discharge: of any such incumbrance ; and such entry of discharge, whether total or partial, A,
shall be made by the Registrar either on the production entered É
to and deposit with him of a certificate attested in the Printer à
manner prescribed by the said Ordinance, or on the copy of Noté à ral Act, &e, |
production to and deposit with him of an authentic ÿ copy of any Notarial Act, judgment, or other matter of record proving the total or partial discharge of such | incumbrance ; and any person and party having dis- Party äi charged or partly discharged any such ‘incumbrance, #7 ma may demand from the Incumbrancer such a certificate certificate € or Notarial Act proving such discharge or partial dis- Nota col charge as can be validly registered, and shall have an brancer, or | action for the same if refused, and for all damages us arising from such refusal ; and by the judgment in such action the total or partial a of the incum- , Judgmentt eclare
brance may be declared. charge. À
5 7% Vicronæ, Car. 22. 1843.
No registra-
‘on te IX, And be it enacted, that no registration of a |ubsequent to title to any Land or Real Property subsequent to the
the title ofpar: title of any person or party in open and public posses-
y in posses- , . { .
Mon, to aifect BION thercof as proprietor, shall affect the title of such
fo no je, person or party to the same, although it be not regis-
tered, tered at the time of the registration of such subsequent
title.
i The 16h X. And be it enacted, that the sixteenth section of ou the the said Ordinance shall be construed as saving the plained, right of the Creditor not only to the interest and
arrears for two years, but also to the interest and ! arrears for the then current year, reckoning from the ! date of the document under which the same may From what arise ; and that the hypothec arising from the regis- Bring from tration of any claim to interest or arrears not preserved ten d by the original registration, shall date only from the | léhalldate, registration of such claim, and that such claim for | interest or arrears may be registered without its being ‘attested upon oath, when the claim is founded upon any authentic deed or document ; and that the interest | and arrears mentioned in the said Ordinance shall not | be understood to include alimentary pensions, life rents, ji} rent due for any property leased, interest on the price
| of any real property sold for a sum payable at any fixed term or terms, arrears on any real property sold for an irredeemable ground-rent, or for a perpetual but re-
| | | Time fr and the registration made or to be made of the creditors’ hypet re title in any of the cases aforesaid shall have the effect lended in cer- of saving his hypothec or privilege for five years’ in-| ET" terest or arrears, and those for the then current year, reckoning from the date of the said title. NC | À | A more in XI. And whereas it is expedient to provide greater Dre. facility than now exists for securing the payment of Jpothecations monies upon real Estate held in free and common Soc- | Jaisetf cage in any part of Lower Canada, or within the Coun- (Counties, and ties of Missisquoi, Shefford, Stanstead, Sherbrooke and
fl
(fl
deemable rent commonly called a rente constituée ;#
ration of a uent to the lic possestle of such > not regissubsequent
à section of saving the iterest and terest and g from the same may | the regist preserved y from the à claim for ut its being nded upon he interest e shall not s, life rents, n the price t any fixed sold for an al but re-
constituée 5%
à creditors” the effect
> years’ in-| rent year)
} nn
de greater
payment of |
mon Socthe Counrooke and
1843. % Vicrorræ, Car. 22.
Drummond, by the said tenure or by any other tenure, fr nds by a short and inexpensive and legal form of Le pe common 804 nd after £sgv in Lowe
cation ; Be it therefore enacted, that from a the passing of this Act, a simple act of acknowledgment of indebtedness, executed and delivered before two witnesses, whereby the intention to hypothecate shall be manifest, shall be deemed to be a good and valid hypothecation of the lands or tenements, or real or immoveable estate or property therein described, of which the party hypothecating is at the time of the execution thereof, lawfully and by right seized as of his own property; end the said hypothecation s0 as aforesaid executed, shall to all intents and purposes give the party, in whose favor it shall be made, the like claim and privilege in and upon the real estate therein described, as if the same had been executed before Notaries according to the customary laws of Lower Canada, any law, usage, or custom, to the contrary, in any wise notwithstanding: And provided also, that the said hypothecation may be made in the following or any like words having the same import, “ I, R. M. of “ … hereby acknowledge myself to be “ justky and truly indebted to R. J. of , ‘ in the lawful sum of currency, payable ‘# (here describe the terms of payment,) and for the beiter “ securing the payment of the same, I do hereby hy- “ pothecate all that piece, parcel or lot of Land lying “ and being in the (here describe the property,) together “ with all and every, the houses, buildings and appur- ‘ tenances thereon, or thereunto belonging, (as the case “ may be,) unto the said R. J., his heirs and assigns.— In testimony whereof I have hereunto set my hand “ and seal, at in the of
“ on the day of in the year
“ Siyned, Sealed and Delivered in the presence of
ja ce A. B. 3 L. S. c
