Part 3. The undermentioned registry divisions are constituted as hereinafter set forth :: 56. The county of Simcoe consists of the townships of Adjala, Essa, Flos, West Gwillimbury, Innisfil, Matchedash, Medonte, Nottawasaga, North Orillia, South Orillia, Oro, Sunnidale, Tay, Tecumseth, Tiny, Tosorontio, and Vespra; the towns of Barrie, Collingwood, Orillia and Penetanguishene, and the incorporated villages of Alliston, Bradford, Midland, Stayner, Beeton and Tottenham. 57. The county of Victoria consists of the townships of Bexley, Carden, Dalton, Digby, Eldon, Emily, Fenelon, Laxton, Longford, Mariposa, Ops, Somerville and Verulam; the town of Lindsay, and the incorporated villages of Bobcaygeon, Fenelon Falls, Woodville and Omemee. 58. Grey, North Riding, consists of the townships of Collingwood, Derby, Euphrasia, Holland, Keppel, St. Vincent, Sarawak, Sullivan and Sydenham, and the towns of Meaford, Owen Sound and Thornbury. 59. Grey, South Riding, consists of the townships of Artemesia, Bentinck, Egremont, Glenelg, Normanby, Osprey and Proton, and the town of Durham. 60. Wellington, North Riding, consists of the townships of Arthur, Minto, Maryborough, Peel and West Luther; the towns of Harriston, Mount Forest and Palmerston, and the incorporated villages of Arthur, Clifford and Drayton. 61. Wellington, South and Centre Ridings, consists of the townships of Guelph, Eramosa, Erin, Nichol, Pilkington, West Garafraxa and Puslinch; the city of Guelph, and the incorporated villages of Elora, Fergus and Erin. NOTE. The townships hereinbefore mentioned include all towns and incorporated villages situated within the limits thereof respectively. R. S. O. 1877, c. 5, s. 1. CHAPTER 115. An Act respecting the Custody of Documents relating to Land Titles. SHORT TITLE, s. 1. INTERPRETATION, s. 2. DEPOSIT OF DOCUMENTS, ss. 3, 4. INSPECTION OF DOCUMENTS, S. 9. Short title. Rev. Stat. c. 114. Interpretation. Rev. Stat. c. 114. Person having custody of deeds, etc., try office. HE ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. This Act may be cited as "The Custody of Title Deeds Act," and shall be read as part of The Registry Act. 50 V. c. 14, s. 1. 2. The word "document," herein, shall be held to include the word "instrument," as defined by The Registry Act, and also any certificate, affidavit, statutory declaration, or other proof as to the birth, baptism, marriage, divorce, death, burial, descendants, or pedigree of any person, or as to the existence or non-existence, happening or non-happening of any fact, event or occurrence upon which the title to land may depend, and notices of sale, or other notices necessary to the exercise of any power of sale or appointment or other powers relating to lands. 50 V. c. 14, s. 2. 3. Any person having any document, forming or being a title-deed or evidence or muniment of title to land in this may deposit Province may deposit the same for safe custody in the office them in regis- of the registrar of any registry division in which the document or a duplicate or copy or memorial or certificate thereof has been registered; or in case it does not appear by any endorsement thereon, that the same or a duplicate or copy or memorial or certificate thereof has been registered in any registry office in Ontario, the document may be so deposited in the office of the registrar of any registry division in which any land to which the same relates is situate. 50 V. c. 14, s. 3. 4. Upon every such deposit, the person depositing shall Requisition to deliver to the registrar a requisition in duplicate in the form be filed and A hereto; which requisition may include any number of docu- receipt given. ments; and the registrar shall sign a receipt upon one of the duplicates for the instruments or documents therein mentioned, and shall deliver the receipt to the person by whom the deposit is made. 50 V. c. 14, s. 4. numbered and and filed. 5.-(1) Upon receiving the requisition and the documents Each docutherein mentioned, the registrar shall enter every document ment to be in consecutive order in a book to be kept by him for that pur- entered in depose, to be called the "deposit index" (which may be in the posit index form B hereto), and shall therein number all deposited documents consecutively, and shall endorse on every such document the word "deposited," with the date of deposit and the number of the entry thereof in the deposit index; and shall file the same in consecutive order according to its number; and shall also endorse on the requisition the numbers so by him placed on the documents therein mentioned; and shall file all the equisitions in consecutive order according to such numbers. alphabetical (2) The registrar shall also enter in an alphabetical index to Names to be be kept by him for that purpose (and which shall be called the entered in "Alphabetical Deposit Index,") the number of the document Index. in the deposit index, and the name of every party to the document, or to the action, suit or proceeding to which the document relates, or if the same is a certificate or an affidavit, or a statutory declaration or other proof, as to the birth, baptism, marriage, divorce, death or burial of any person, then the name of such person. instruments. (3) In case it appears by any certificate of registration Entry oppoendorsed on the document, that the same or a duplicate site registered or a copy or memorial or certificate thereof is registered in his registry office, the registrar shall also enter in the margin of every registry book wherein the same is registered opposite the entry thereof, the words, "See deposit index No. A. D," referring to the number of the instrument in the deposit index, and the date of the deposit. 50 V. c. 14, s. 5. sent to other 6.-(1) In case it appears by any certificate of registration Notice to be endorsed on the document that the same or a dup- registry licate or copy or memorial or certificate thereof is registered offices where in any other registry division, the registrar with whom registered. the same is so deposited shall, within ten days after the deposit send by post to such other registrar a notice thereof in duplicate, in the form C hereto. (2) On receipt of the notice the registrar receiving the same shall enter in the margin of every registry book wherein the same appears to have been registered, opposite the entry there Registrar's fees. Fees to other registrars. to inspection. Registry Office, of, the words, "See deposit index in (3) In case such an acknowledgment is not received within fourteen days from the sending of the notice, the registrar sending the notice shall send another like notice, and shall repeat the same every fourteen days till the acknowledgment is received. (4) Every such notice and acknowledgment shall be post paid and post registered, and a sufficient sum to pay the registrar's fees and the postage and post registration on the acknowledgment thereof shall be sent with the notice. (5) All notices received from other registrars shall be filed by the registrar receiving the same in the order in which they are received, and all such acknowledgments shall be filed by the registrar receiving the same in the order of the receipt thereof. 50 V. c. 14, s. 6. 7. The registrar with whom the deposit is made, shall be entitled to the following fees to be paid at the time of the deposit by the person depositing the same, that is to 8. The registrar to whom any notice under section 6 of this Act is sent, shall be entitled to a fee of twenty cents for every document, in respect of which he is to make the entries aforesaid. 50 V. c. 14, s. 8. Deposited do- 9. Any person shall be entitled to inspect and make or cuments open obtain copies of or extracts from any such deposited document, in like manner as in the case of instruments registered under the provisions of The Registry Act; and the registrar shall be entitled to the same fees in respect thereof, as in the case of registered instruments. 50 V. c. 14, s. 9. Rev. Stat. c. 114. 10. The deposit of any document under this Act, shall Deposit not not be deemed a registration thereof within the meaning of registration The Registry Act; nor shall the admissibility or value of any affect docudocument as evidence, be deemed to be improved or affected ment as eviby the deposit. 50 V. c. 14, s. 10. and not to dence. Rev. Stat. c. 114. lieves from 11. The deposit of a document under the provisions of Deposit rethis Act, shall, while the same continues so deposited, be liability. deemed a sufficient compliance with, and fulfilment of, any covenant or agreement theretofore entered into by any person, to produce or allow the inspection of the document, or the making of any copy of or extract from the same, and shall absolve any person liable for the production or custody thereof from any further liability in respect of such custody or production. 50 V. c. 14, s. 11. 12. The registrar with whom a document is so deposited Registrar to shall keep the same safely in his office, in like manner and keep safely. with the same care as the instruments registered in his office; and he and his sureties shall be responsible in respect thereof, in like manner as in respect of instruments registered under The Registry Act; and the registrar shall not part with the Rev. Stat. c. possession of any such document, unless in accordance with 114. the order of a Court or Judge as hereinafter provided. 50 V. c. 14, s. 12. executors, etc. 13. An executor or administrator of the estate of a Expenses of deceased person, and a trustee of a trust estate, may reimburse himself out of such estate any expense which he incurs in or about depositing any documents which may come to his possession or control as such executor, administrator or trustee. 50 V. c. 14, s. 13. to remove 14. (1) At any time within five years after the deposit of a Application document under the provisions hereof, any person may apply within 5 years to the High Court of Justice, or the County Court of the county custody. in which the deposit is made, or to a Judge of either of the said Courts, for the delivery of the document to such person, and the Court or Judge-upon being satisfied that the applicant would, but for the deposit, be solely entitled to the possession of the document, and that the deposit thereof was made without his consent, or the consent of any person entitled at the time of the deposit to any interest therein, and (in case the document relates to other lands than those in which the applicant is interested) that there are reasonably important grounds for removing the document from the custody of the registrarmay direct that the same shall be delivered up by the registrar to the applicant, or to any person the Court or Judge may direct. (2) Before making the order, the Court or Judge may require Notice of such notice of the application as to the Court or Judge shall application. |