The statutes of the province of Upper Canada [1792-1831]; together with such British statutes, ordinances of Quebec, and proclamations, as relate to the said province.

  • Ontario
Date:
1831
Catalogue details

Licence: Public Domain Mark

Credit: The statutes of the province of Upper Canada [1792-1831]; together with such British statutes, ordinances of Quebec, and proclamations, as relate to the said province. Source: Wellcome Collection.

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    conveyances, and wills, executed out < i' the county wherein the lands, &c. lie, on due proof. Pains and penalties of forgery and perjury. Provision for the re- gistry of memorials of wills. Provision in favor of devisees. No members of the as- sembly to hold directly nr indirectly the ofiice of register. This act to be held and taken as a public act. Norms. Memorial of a bargain and sale. Of a mortgage. Of an endorsement. other place within tho said province, not being within the county or counties, riding or ridings, wherein such lands, tenements, or hereditaments lie, shall be entered or regis- tered by the aforesaid register or his deputy, in case an affidavit sworn before one of the judge's of the court of king’s bench, or commissioner duly authorized to take affidavits, be brought to the said register or his deputy, wherein one of the witnesses to the execu- tion-of such effieds, wills, and conveyances, shall swear he or she saw the same executed, the same shall be a sufficient authority to the said register or his deputy to give the party that brings such deed, conveyance, or will and affidavit, a certificate of the registering the same, which certificate signed by the said register or his deputy shall be taken and allowed as evidence of the registry of the same in all courts of record in this province, any thing in this act to the contrary thereof contained in any wise notwithstanding. XIV. And be it further enacted by the authority aforesaid, That if any person or persons shall at any time forge or counterfeit any such memorial or certificate as are hereinbefore mentioned and directed, and be thereof lawfully convicted, such person or persons shall incur and be liable to such pains and penalties as in and by an act of the parliament of Great Britain, made in the fifth year of the reign of Queen Elizabeth, entitled, “An act against forgers of false deeds and writings,” are imposed upon persons for forging or publishing deeds, charters, or writings, sealed court rolls or wills, whereby the freehold or inheritance of any person or persons of, in, or to, any lands, tenements, or hereditaments, shall or may be molested, troubled, or charged; and that if any person or persons shall at any time forswear himself before the said register or his deputy, or before any judge or commissioner duly authorized in any of the cases aforesaid, and be thereof lawfully convicted, such person or persons shall incur and be liable to the same penalties as if the same had been made in any of the courts of record’. XV. Provided always, and it is hereby enacted, That all memorials of wills that shall be registered in manner as aforesaid, within the space of six months after the death of every respective devisor or testatrix, dying within this province, shall be as valid and effectual against subsequent purchasers as if the same had been registered immediately after the death of such respective devisor or testatrix, any thing herein contained to the contrary in any wise notwithstanding: Provided always, that in case the devisee or per- son or persons interested in the lands, tenements, or hereditaments, devised by any such will as aforesaid, by reason of the contesting such will or other inevitable difficulty, without his, her, or their wilful neglect or default, shall be disabled to exhibit a memorial for the registry thereof within the respective times hereinbefore limited, then, and in such case, the registry of the memorial within the space of six months next after his, her, or their attainment of such will or a probate thereof, or removal of the impediment whereby he, she, or they are disabled or hindered to exhibit such memorial, shall be a sufficient registry within the meaning of this act, herein any thing contained to the con- trary thereof in any wise notwithstanding. XVI. —[Repealed by 39th Geo. Ill, c 4, s 1.] XVII. And be it further enacted by the authority aforesaid, That this act shall be taken and allowed in all courts within this province, as a public act; and all judges and justices are hereby required as such, to take notice thereof without special pleading the same. SCHEDULE Of a Bargain and Sale to be enrolled. An indenture dated made between I. A. of of the one part, and D. P. of of the other part, pur- porting a deed of bargain and sale to be enrolled, of and concerning the same premises mentioned in a lease for a year, bearing date next before the day of the date of the said indenture of bargain and sale, [or as the date is,] and made between the said I. A. of the one part, and the said D. P. of the other part; a memorial whereof is registered at the same time here- with, [or as the time is,] which indenture, or bargain and sale, is witnessed by T. A. of and J. W. of and is hereby required to be registered by me, the said I A., the grantor, in the said deed of bargain and sale mentioned; as witness my hand and seal this day of [Signed, &c] I. A. Of a Mortgage for Years. An indenture of mortgage dated the made between W. D. of of the one part, and J. W. of of the other part, whereby the said W. 1)., for and in consideration of pounds demised untothe said J. W. all that situate and being in and called or known by the name of now in the tenure to hold unto the said J. W. for the term of years ; subject nevertheless to a proviso that the same shall he void, on the payment of the sum of pounds and lawful interest for the same, on the day of in the year of our Lord one thousand seven hundred and which said indenture of mortgage is witnessed by and is hereby required to be registered pur- suant to the said act of the legislature of this province, by me, the said W. D., the grantor in the said deed; as witness, etc. [Signed, &cd W. D. Of nu Endorsement. An endorsement dated the day of made from J. E- oi and W. N. of on the back of a mortgage deed dated the and madebetween the said J. E., of the one part, and the said W. N., of the other part, ot and concerning all that situate and being in now in the tenure or occupation of J. D., which said endorse- ment is witnessed by J. E. of and 11. W of and is hereby required to be registered by me, the said J.E.,the grantor; as witness,&c. [Signed, &c.] J. E.
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