described.

a certificate to be made, executed, proven, and registered in the same manner as in cases where the whole lands and mortgage are wholly released and discharged; and such deed or certificate Portion reshall contain as precise a description of the portion of lands so leased to be released or discharged as would be necessary to be contained in an instrument of conveyance for registration under this Act, and also a precise statement of the amount or particular sum or sums so released or discharged. R. S. O. 1877, c. 111, s. 68.

seized under

73.-(1) When a sheriff, bailiff of a Division Court or other Discharge of officer, under a writ or warrant of execution against goods, mortgage seizes any mortgage belonging to the person against whose execution. effects the writ or warrant has issued, on or affecting land in the Province of Ontario, the payment with or without suit in whole or in part to the sheriff, bailiff, or other officer by the mortgagor or any other person of the mortgage money thereby secured shall discharge the mortgage to the extent of such payment.

ficate of dis

(2) After payment of the mortgage or any part thereof, the Form of certisheriff, bailiff, or other officer shall, at the request and expense charge." of the person requiring the same, give a certificate in the form or to the effect of Schedule K to this Act, under the hand and seal of office of the sheriff or other officer, or under the hand of the bailiff, and the seal of the Court of which he is bailiff.

(3) Upon the written request of the bailiff the clerk of the Seal of Court. Court shall affix to the certificate the seal of the Court; and he shall file the request of the bailiff in his office.

cution of certificate.

(4) The execution of the certificate shall be proved by the Proof of exesame oath or affirmation, and in the same manner as is provided by law for the proof for registration of other instruments affecting lands, and the certificate, shall be registered in the same manner as other certificates of discharge of mortgages are registered.

(5) Every certificate so registered, if the same is of payment Effect of cerin full of the mortgage, shall be as valid and effectual in law tificate. as a release of the mortgage and as a conveyance to the mortgagor, his heirs, executors, administrators or assigns, or any person lawfully claiming by, through or under him or them, of the original estate of the mortgagor as if executed by the execution debtor.

(6) Every certificate so registered, if the same is of payment Effect of cerof only a portion of the mortgage, shall be as valid and effect- tificate of part ual in law as a release of the mortgage as to such portion, as if executed by the execution debtor.

payment.

(7) The provisions of this section shall extend and apply Retrospective to all cases in which the seizure or payment was before, or operation. since the twenty-first day of December, 1874. R. S. O. 1877, c.

111, s. 71.

Residence, etc., of witness to dis. charge of

74. It shall not be necessary that the residence or occupation of the attesting witness to any certificate of discharge of mortgage be stated in the attestation clause thereof; nor shall any mortgage need such certificate, registered before the twenty-ninth day of

not be given

in attesting

clause.

Registration of by-laws passed since March 29, 1873.

As to by-laws etc., made

29, 1873.

March, 1873, be invalid or inoperative by reason of the omission to state in the attestation clause the residence or occupation of such attesting witness. R. S. O. 1877, c. 111, s. 72.

By-Laws.

75.-(1) Every by-law passed since the twenty-ninth day of March, 1873, or hereafter to be passed by any municipal council under the authority of which any street, road, or highway has been or is opened upon any private property, shall before the same becomes effectual in law, be duly registered in the Registry Office of the Registry Division in which the land is situate; and for the purpose of registration a duplicate original of the by-law shall be made out, certified under the hand of the clerk and the seal of the municipality, and shall be registered without any further proof.

the

(2) Every by-law passed before the said day, and every order before March and resolution of the Quarter and General Sessions passed before the said day under the authority of which any street, road, or highway, has been opened upon any private property, may at the election of any party interested and at the cost and charges of such party or municipality, he also duly registered, upon production to the Registrar of a duly certified copy of the bylaw under the hand of the clerk of the municipality and the seal of the municipality, or by a duly certified copy of the order or resolution of the Quarter or General Sessions, given under the hand and seal of the Clerk of the Peace, as the case may be. R. S. O. 1877, c. 111, s. 73.

Unregistered instruments after grant from the

void against

EFFECT OF REGISTERING OR OMITTING TO REGISTER.

76. After any grant from the Crown of lands in Ontario, and letters patent issued therefor, every instrument affecting the lands or any part thereof comprised in the grant shall be Crown to be adjudged fraudulent and void against any subsequent purchaser or mortgagee for valuable consideration without actual notice, unless such instrument is registered, in the manner herein purchaser, etc. directed, before the registering of the instrument under which the subsequent purchaser or mortgagee claims. R. S. O. 1877, c. 111, s. 74.

subsequent

registered

months from

Wills to be 77. All wills or the probates thereof registered within the registered within twelve space of twelve months next after the death of the testator or testatrix, shall be as valid and effectual against subsequent purchasers and mortgagees, as if the same had been registered immediately after such death; and in case the devisee,

death of tes

bator.

or per

son interested in the lands devised in any such will, is disabled from registering the same within the said time by reason of the contesting of such will or by any other inevitable difficulty without his or her wilful neglect or default, then, the registration of the same within the space of twelve months next after his attainment of such will or probate thereof, or the removal of the impediment aforesaid, shall be a sufficient registration within the meaning of this Act. R. S. O. 1877, c. 111, s. 75.

for taxes.

78. Every deed made by a treasurer or other officer for Registry of arrears of taxes shall be registered within eighteen months after deeds on sales the sale by such treasurer or other officer; and all deeds of lands sold under process issued from any Court in Ontario, shall be registered within six months after the sale of the lands; otherwise the parties respectively claiming under any Other sales of such sales, shall not be deemed to have preserved their priority as against a purchaser in good faith who has registered his deed prior to the registration of the deed from the treasurer or other officer. R. S. O. 1877, c. 111, s. 76. See also Cap. 193, s. 184.

under process

of Court.

79. Where deeds for lands sold for taxes, or under process Sales for taxes of law, before the fourth day of March, 1868, have not been before 4th March, 1868. registered within one year after the said day, the parties respectively claiming under any such sales shall not be deemed to have preserved their priority as against a purchaser in good faith who has acquired priority of registration. R. S. O. 1877, c. 111, s. 77.

notice.

80. The registration of any instrument, under this Act, or Registry to be any former Act, shall constitute notice of the instrument, to all persons claiming any interest in the lands, subsequent to such registration, notwithstanding any defect. in the proof for registration, but nevertheless it shall continue to be the duty of every Registrar not to register any instrument, except on such proof as is required by this Act. R. S. O. 1877, c. 111, s. 78.

operation of

81. So far as by the last preceding section it is provided Retrospective that notwithstanding any defect in the proof for registration last section. the registration of an instrument shall constitute notice thereof, the said section shall only apply retrospectively from the twenty-ninth day of March, 1873, as to matters and facts within the meaning of section 39 of this Act. R. S. O. 1877, c. 111, s. 79.

82. Priority of registration shall prevail unless before the Actual notice. prior registration there has been actual notice of the prior instrument by the party claiming under the prior registration. R. S. O. 1877, c. 111, s. 80.

As to liens,

etc.

Tacking.

Registration of plans when land subdivided.

83. No equitable lien, charge, or interest affecting land shall be deemed valid in any Court in this Province, as against a registered instrument executed by the same party, his heirs or assigns; and tacking shall not be allowed in any case to prevail against the provisions of this Act. R. S. O. 1877, c. 111, s. 81.

MISCELLANEOUS PROVISIONS.

Plans.

84.-(1) Where any land is surveyed and subdivided for the purpose of being sold or conveyed in lots, by reference to a plan which has not been already registered, the person making the subdivision shall, within three months from the date of the survey, file with the Registrar a plan of the land on a scale not less than 1 inch to every 4 chains. The plan shall shew the number of the township, town or village lots and range or concession as originally laid out, and all the boundary lines thereof, within the limits of the land shewn on Scale of plan, the said plan, and where such plan is a subdivision of a lot or lots on a former plan, it shall shew the numbers or other distinguishing marks of the lot or lots subdivided, and the boundary lines of such lot or lots. The plan shall also shew all roads, streets, lots and commons, within the same, with the courses and widths thereof respectively, and the width and length of all lots and the courses of all division lines between the respective lots within the same, together with such other information as is required to shew distinctly the position of the land being subdivided. 50 V. c. 8, Sched.

and what to

shew.

Duty of Regis. trars thereafter.

(2) Every such map or plan, before being registered, shall be signed by the person or the chief officer of the corporation by whom or on whose behalf the same is filed, and shall also be certi fied by some Provincial land surveyor in the form of Schedule L to this Act; and thenceforth the Registrar shall keep an index of the lands described and designated by any number or letter on the map or plan, by the name by which such person, poration or company designates the same in the manner provided by this Act; and all instruments affecting the land or to such plan. any part thereof, executed after the plan is filed with the Registrar shall conform and refer thereto, otherwise they shall not be registered.

Instruments

must conform

Penalty for refusing to

cor

(3) In the case of refusal by such person, corporation or register plan. company, his or their executors, agents or attorneys, or successors, for two months after demand in writing for that purpose, to lodge the said plan or map when required by any person interested therein, or by the Inspector so to do, he or they shall incur a penalty of $20 for each and every calendar month the said map or plan remains unregistered, penalty may be recovered by any person complaining, in any Division Court, in the county in which such lands are situated, in like manner as a common debt.

How recovered.

which

(4) This section shall apply as well to lands already sur- To what land veyed or subdivided as to those which may hereafter be sur- applies. veyed or subdivided, subject to the next succeeding section. R. S. O. 1877, c. 111, s. 82 (2-4). See also Cap. 152, s. 63.

this section

March 4, 1868.

85. In sales of lands under surveys or subdivisions made When plan before the fourth day of March, 1868, where such surveys or tered in case must be regissubdivisions so differ from the manner in which such land of lands subwas surveyed or granted by the Crown that the parcel so sold divided before cannot be easily indentified, the plan or survey shall be registered within six months after the passing of this Act, if the plan or survey is still in existence and procurable for registration and filing under the next preceding section, and if it is not, a new survey or plan shall be made by and at the joint expense of the persons who have made such surveys or subdivisions, and of all others interested therein, by some duly authorized Provincial land surveyor, or as nearly as may be according to the proper original survey or subdivision, and the same when so made shall be filed as if under the next preceding section of this Act. R. S. O. 1877, c. 111, s. 83.

sale is made

plan.

86. In no case shall any plan or survey, although filed and Plan not bindregistered, be binding on the person so filing or registering the ing until some same, or upon any other person, unless a sale has been made under it; according to such plan or survey, and in all cases amendments alterations in or alterations of any such plan or survey may be ordered to be made, at the instance of the person filing or registering the same or his assigns, by the High Court, or by a Judge of the said Court, or by the Judge of the County Court of the county in which the lands lie, if on application for the purpose duly made, and upon hearing all parties concerned, it be thought fit and just so to order, and upon such terms and conditions as to costs and otherwise as may be deemed expedient. An appeal shall be from any such order to the Court Appeal. of Appeal. R. S. O. 1877, c. 111, s. 84.

towns or

be

87.-(1) Where an incorporated city, town or village, or vil- Plans of lage not incorporated, comprises different parcels of land owned villages to b at the original division thereof by different persons, and the same registered in were not jointly surveyed and one entire plan of such certain cases. survey made and filed in accordance with section 84 of this Act, the municipal council of the township within which such unincorporated village is situated or of such incorporated city, town or village, shall, upon the written request of the inspector or of any person interested, addressed to the clerk of the municipality, immediately cause a plan of such city, town or village to be made upon the scale provided for under this Act, and to be registered in the Registrar's office of the Registry Division within which the municipality lies, which map or plan shall have endorsed thereon the certificates of the clerk and head of the municipality and the surveyor, that the same