CAP. XX

An act to provide for the more effectuai Extinction of Secret Incumbrances on Lands,than was heretofore in use in this Province.

(14ih March, 1820.)

%/w^ HERE AS, to secure the property and possessions of His " Majesty's subjects, and to prevent the disturbances and évictions wfaich frequently arise from secret mortgages, unknown to the purchasers of such property and possessions, by which said mortgages, purchasers hâve been often obliged, after having bona fide paid the priées of such property and possessions, again to pay large sums of money by reason of such secret mortgages, or to relinquish and give up such property and possessions, it is necessary to establish certain rôles and provisions which may reconcile the opposite interests of individuals in this matter : and for this purpose to establish, in an invariable manner, the order and stability of hypothecs, and to fix a certain and easy course for preserving them, so that on the one hand purchasers of immoveables, whether immoveables real, or immoveables by fiction of law, may make such purchases with confidence and obtain a valid discharge after they shall hâve paid the price of such immoveables ; and on the other hand, the vendors of such immoveables may, within a known and reasonahle time, receive such price orpurchase money, without incurringthe delays and heavy expenses which haver been and are incident to SherifTs Sales, the only mode of security to which purchasers so circumstanced, ha\ e hïtherto been able to resort. And whereas also, such SherifTs Sales are altogether too expensive to be resorted to where the immoveables sold are of small value : Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Législative Counciland Assembly of the Province ofLower Canada, constituted and assembled by virlue of and under the authority of an Act of the Parliament of Great-Britain, intituled, "An Act to repeal certain parts of an Act "passed in the fourteenth year ofHia Majesty's Reign, intituled, ' An Act for making more effectuai provision for ihe Government

A. D. 1829 AnnononoGeorgii IV. C. 30.