« PreviousContinue »
with her husband, shall be ralid if executed without compulsion from him, and the person authorized by law to take acknowledgments of conveyances in other cases, certifying thercon that he has examined her apart from her husband, and that she acknowledged that she executed the convey. ance freely.
10. When a conveyance, memorial of judgment, or other instrument aforesaid shall be produced at the office of the Registrar, duly proved or acknowledged, he shall mark thereon the registry number of such Deed, according to the order in which it was received, and the date he received it; and such conveyance, with the acknowledgment or proof thereon, shall be registered in the proper registry book in the order of its receipt; and he shall endorse thereon the day of registering, and also the book and page, and under what number the same is registered ; which certificato shall be taken and allowed as evidence of such registry in all Courts of Record.
11. The production to the Registrar of a conveyance, memorial of judgment, or other instrument affecting land, duly acknowledged or proved, with the time of the production endorsed thereon, shall, for the purpose of being read in evidence, be deemed to have been recorded at the time of its production to the Registrar; and he shall not bu obliged to attend any Court with the registry book after the conveyance or other instrument has been entered therein.
12. Every conveyance, duly a:knowledged or proved, and registered, shall be effectual for the transfering of the lands therein described, and the possession thereof, according to the intent of such conreyance, without livery of seisin, or any other act.
13. All such conveyances so executed, acknowledged, or proved,and certified as aforesaid, and all copies of the registry thereof, duly certified by the Registrar, shall be allowed in all Courts where such conveyances or copies shall be produced, to be as good and sufficient evidence as any bargains and sales enrolled in any of the Courts at Westminster, and the copies of the enrolments thereof are in any Court in Great Britain.
11. When a party may be desirous of giving in evidence in any suit in a Court of Law or Equity, a conveyance, me. morial, or other instrument, other than a Will, which may have been duly registered, and be relevant to the matter in question, he may produce in evidence a copy of the registry of such conveyance, memorial, or instrument, certified by the Registrar of the County where the same is registered, which copy shall, in the absence of the original conveyance, memorial, or instrument, be received and allowed as evidence of the contents thereof; but before any such copy shall be allowed, it shall appear to the Court by affidavit that such original conveyance, memorial or instrument is not under the control of the party, and that he does not know where the same may be found, and at least six days notice in writing shall be given to the adverse party, his attorney,or agent, of the intention to offer the same ; such notice to be accompanied by a copy of such certified copy, and of the affidavit, the due service thereof being also proved by affidavit to the satisfaction of the Court.
15. When a party may be desirous of giving in evidence in any suit in a Court of Law or Equity, any Will duly admitted to Probate, or any copy which may have been duly registered and be relevant to the matter in question, he may produce in evidence a copy of such registry, certified by the Registrar of the County where the same is registered, which copy shall be received and allowed as evidence of the contents of such Will, and prima facie evidence of its validity and due execution ; but before any such copy shall be allowed in evidence, at least six days notice in writing shall be given to the adverse party, or the attorney or agent of such adverse party, of the intention to offer the same in evidence, such notice to be accompanied by a copy of such certified copy, the due service thereof being proved by affidavit or otherwise to the satisfaction of the Court. The costs of the certified copies provided for by this and the last preceding Section, together with the costs of the proceedings therewith connected, shall be taxed and allowed to the party procuring such copies.
16. The provisions of Sections fourteen and fifteen of this Chapter shall apply to actions or proceedings by or on behalf of Her Majesty the Queen, and the affidavit of the loss of the conveyance or instrument required by Section fourteen,may be made by the attorney or other officer acting on behalf of Her Majesty.
17. No certified copy of the registry of any conveyance, memorial or instrument shall be received in eridence, otherwise than is hereby provided, unless by consent of parties, or unless it shall appear to the Court at which the trial may be had, that the original conveyance is in the possession of the adverse party, and that due notice has been given to him to produce the same.
18. Every power of attorney, or other instrument whereby authority is given to convey or affect any lands, may, ifduly acknowledged or proved, be registered in the same manner as any conveyance; and the registry of any conveyance under such power or other instrument shall not be valid, unless the power or some instrument confirming it, shall be duly registered in the Registry Office of the County where the lands to which the same relate are situate.
19. A registered mortgage may be discharged by a certificate of the satisfaction of the mortgagee, his representatives, or assigns, acknowledged or proved in the same manner as a conveyance, and registered with the acknowledgment or proof, in the proper Registry Book, in the office where the mortgage is registered; and the Registrar shall enter a minute of the satisfaction in the margin of the registry of the mortgage, with a reference to the book and page where the certificate is registered, and file the certificate; or the mortgagee, his representatives,or assigns, may acknowledge satisfaction in the margin of the Registry Book, against the registry of the mortgage, in the presence of the Registrar, who shall witness it, and from the time of the entry thereof, it shall discharge the mortgage, and re-rest the legal estate in the mortgagor, his heirs or assigns.
20. In any registered conveyance in pursuance of this Chapter, whereby an estate of inheritance in fee simple is limited to the grantee or bargainee and his heirs, the words “grant, bargain, and sell," therein, shall only amount to a covenant by the grantor or bargainor, that he has done no act to encumber the land described in such conveyance ; provided however, that nothing in this Section shall be held or construed so as to prevent the said words from amounting to a conveyance, or to prevent the same from being sufficient to convey and transfer all the right and title of the grantor or bargainor executing such conveyance.
21. No mortgage, judgment, or other encumbrance on land, shall have any priority by reason of being held by or rested in any person who has a prior registered mortgage or encumbrance of the same land ; in any action brought by a mortgagor, his heirs, executors, or assigns, no defendant, except the mortgagee, his heirs, executors, or assigns, shall set up the mortgage to bar the right of recovery, or defeat the title of the mortgagor, his heirs, executors, or assigns.
22. Process of subpæna may be issued from the Supreme Court, or any other Court having jurisdiction, in the form as near as may be to that now in use for a cause in Court, to com pel the attendance of any witness, or the production of any conveyance or instrument for the proof thereof, that the same may be registered agreeably to the provisions of this Chapter; disobedience to such subpæna may be punished by such Court in the usual manner.
23. A memorial of any decree of partition in the Supreme Court in Equity may be registered in the Registry Office of the County where the lands mentioned therein are situate, and shall, together with a certified copy thereof by the Registrar, have the same effect as any registered conveyance within the provisions of this Chapter, and such memorial shall be in the form following:-The Supreme Court)
A. B. Plaintiff, and
C. D. Defendant. These are to certify that in and by a Decree of this Honorable Court, bearing date the day , A. I). 18 the following partition of lands mentioned in the pleadings of the cause was ordered and decreed, viz: (here insert the several portions, and the names of the respective parties in full, as well as their several tenures.] Given under the Seal of this Court this day of , A. D. 18 .
W. ('. Clerk. 24 Where any Will is duly proved, and filed with the Registrar of Probates, a certified copy thereof under his hand, may be registered in the office of the Registrar of Deeds in any County, without further proof, and such registry shall have the same effect as if the original Will had been registered there.
25. When any Will affecting any lands, tenements or hereditaments in this Province, or any interest therein, shall be
deposited in any Court out of this Province, the probate of such Will or of any letter of administration with the Will annexed,purporting to beunder the hand of the officer haring the custody of such Will, and the seal of the said Court, or an exemplification of such probate or letter of administration with the Will annexed, purporting:o be certified under the hand of the officer and the seal of such Court having the custody of such Will, and the seal affixed to such probate or exemplification thereof, or to such letters of administration with the Will annexed, being proved before any of the persons authorized by the laws of the Province to take the acknowledgment or proof of deeds affecting lands in this Province, and authenticated in like manner, shall be deemed to be evidence of the said original Will being deposited in the Court granting such probate or letters of administration with the Will annexed, or exemplification thereof; and such probate or letters of administration, with the Will annexed, or the exemplification thereof, under the hand and seal aforesaid, and proved as aforesaid, may be registered in the Registry of Deeds in any of the Counties of this Province as other conveyances are registered ; and the same, when so registered, shall have the same effect as if the original Will had been registered therein.
26. When any Will affecting lands, tenements or hereditaments in this Province, or any interest therein,shall have been prored and registered, and probate of such Willorany letter of administration with the Will annexed shall have been granted in any Supreme or other Court in any of Her Majesty's Dominions, Colonies, Provinces, Dependencies out of this Province, a copy of such Will purporting to be under the hand of any Master in Equity, or other officer of the Court in which such Will purports to have been proved and registered, and purporting to be authenticated by the Seal of the Court in which such Will purports to hare been proved and registered, together with a certificate purporting to be signed by the Chief Justice or other Judges of the Court in which such Will purports to have been proved and registered, that such Master in Equity or other officer is the Master in Equity or other officer (as the case may be) in such Court, shall be deemed to be evidence of the original Will having been proved and registered in such Court, and