SECTION VII. LAW OF PROPERTY. 1. In General. CHAP. 93.-LAW OF ENGLAND ADOPTED p. 895. 66 66 94.-CROWN DEBTORS, p. 896. 95.-ESCHEATS AND FORFEITURES, p.897. 96.-VOLUNTARY AND FRAUDULENT CONVEYANCES, p. 899. 98.-PROPERTY IN SWARMS OF BEES, p. 902. 99.-RIGHTS OF ALIENS IN REAL PROPERTY, p. 903. 100.-TRANSFER OF PROPERTY, p. 904. 66 66 101.-PETTY TRESPASSES, p. 915. CHAP. 111.-LIMITATIONS OF ACTIONS IN RESPECT TO REAL ESTATE, p. 1011. 112.-EVIDENce between VENDOR AND PURCHASER, p. 1025. 113.-QUIETING TITLES TO REAL ESTATE, p. 1027. 66 66 114.-REGISTRATION, p. 1040. 115.-CUSTODY OF TITLE Deeds, p. 1080. 116. SIMPLIFICATION OF TITLES AND TRANSFER OF LAND, p. 1087. 1. LAW OF PROPERTY IN GENERAL. CHAP. 93.-LAW OF ENGLAND ADOPTED p. 895. 66 94. CROWN DEBTORS, p. 896. 95.-ESCHEATS AND FORFEITURES, p. 897. 96.-VOLUNTARY AND FRAUDULENT CONVEYANCES, p. 899. 98.-PROPERTY IN SWARMS OF BEES, p. 902. 99.-RIGHTS OF ALIENS IN REAL PROPEREY, p. 903. 100. TRANSFER OF PROPERTY, p. 904. 101.-PETTY TRESPASSES, p. 915. 102.-MORTGAGES OF REAL ESTATE, p 916. 103. -ASSURANCES OF ESTATES TAIL, p. 927. 104.-PARTITION AND SALE OF REAL ESTATE, p. 939. 106.-SHORT FORMS OF LEASES, p. 961. CHAPTER 93. An Act adopting the Law of England in Certain HEREAS by the first Act passed in the first Session of Recital of Act the Parliament of Upper Canada, on the 15th day of U. C., 1. of October, 1792, itwas among other things enacted, that in all matters of controversy relative to property and civil rights, the laws of England should be the rule for the decision of the same, and that all matters relative to testimony and legal proof in the investigation of fact should be regulated by the rules of evidence established in England, but that nothing therein contained should extinguish, release, discharge or affect any right, lawful claim or incumbrance to and upon any lands, tenements or hereditaments within Upper Canada, or should rescind, vacate or affect any contract or security then made and executed conformably to the Laws of Canada under the Imperial Statute passed in the fourteenth year of the reign of His Majesty King George the Third, intituled "An Act for making more effectual provision for the Government of the Province of Quebec, in North America," or vary or interfere with any of the subsisting provisions respecting ecclesiastical rights or dues, or should introduce any of the laws of England respecting the maintenance of the poor, or respecting bankrupts; Therefore, subject to the exceptions and provisions above recited, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: The law of England on 15th Oct., 1792, to be 1. In all matters of controversy relative to property and civil rights, resort shall continue to be had to the laws of England as they stood on the said 15th day of October, 1792, the rule of de- as the rule for the decision of the same, and all matters rela cision. English before 17th Jan., 1822, adopted. tive to testimony and legal proof in the investigation of fact and the forms thereof in the several Courts in Ontario, shall continue to be regulated by the rules of evidence established in England, as they existed on the day and year last aforesaid-except so far as the said laws and rules have been since repealed, altered, varied, modified or affected by any Act of the Imperial Parliament, still having the force of law in Ontario, or by any Act of the late Province of Upper Canada, or of the Province of Canada, or of the Province of Ontario, still having the force of law in Ontario, or by these Revised Statutes. R. S. O. 1877, c. 92, s. 1. 2. The Statutes of Jeofails, of Limitations, and for the Jeofails, etc., amendment of the law, excepting those of mere local expediency, which previous to the 17th day of January, 1822, had been enacted respecting the law of England and then continued in force, shall be valid and effectual for the same purposes in Ontario, excepting so far as the same have, since the day last aforesaid, been repealed, altered, varied, modified or affected in the manner mentioned in section 1 of this Act. R. S. O. 1877. c. 92, s. 2. See also Caps. 60, 111. Bonds, .etc. to bind only CHAPTER 94. An Act respecting Crown Debtors. ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts sa follows: 1. No bond, covenant or other security made or entered into to the Crown, since the 15th day of August, 1866, or hereafter made or entered such property into by any person to Her Majesty, Her Heirs or Successors, or to found in other any person on behalf of or in trust for Her Majesty, Her Heirs as would be cases, And so as to property of Crown debtors. or Successors, shall bind the real or personal property of the persons so making and entering into such bond, covenant or other security, to any further, other or greater extent than if the bond, covenant or other security had been made or entered into between subject and subject of Her Majesty. R. S. O. 1877, c. 93, s. 1. 2. The real or personal property of any debtor to Her Majesty, Her Heirs or Successors, or to any person in trust for or on behalf of Her Majesty, Her Heirs or Successors, for any debt since the said date or hereafter contracted, shall be bound only to the same extent and in the same manner as the real or personal property of a debtor where a debt is due from one subject of Her Majesty to another. R. S. O. 1877, c. 93, s. 2. ished as to Ontario, 3. From and after the 1st day of January, 1874, lands Crown liens theretofore bound by the registration, in the office of the Clerk by registry of bonds, etc., of the Court of Queen's Bench in Toronto, of any deed, bond, con- in Q.B. aboltract or other instrument whereby a debt, obligation or duty is incurred or created to Her Majesty, in respect of any matter within the authority of the Government of Ontario, shall be released from the charge created by such registration. R. S. O. 1877, c. 93, s. 3. 4. Nothing in the last section contained shall be construed except where to affect the obligations of the parties to such deed, bond, had already proceedings contract or other instrument, to Her Majesty, or to each other, caused a or to release any charge which may have been, previous to charge. the said first day of January, obtained against such lands by virtue of any writ or other proceeding. R. S. O. 1877, c. 93, s. 4. CHAPTER 95. An Act respecting Escheats and Forfeitures. ER MAJESTY, by and with the advice and consent of the as follows: 1. Where lands, tenements or hereditaments situate in AttorneyGeneral may recovery of, this Province have escheated to the Crown by reason of the take possession person last seised thereof, or entitled thereto, having died in- of, or bring testate, and without lawful heirs, or have become forfeited for action for any cause except crime, the Attorney-General may cause pos- escheated or session of the lands, tenements or hereditaments to be taken forfeited lands in the name of the Crown; or, in case possession is withheld, quest of office. he may cause an action to be brought for the recovery thereof, without any inquisition being first necessary. R. Š. O. 1877, c. 94, s. 1. without in 2. The proceedings in the action may be in all respects Proceedings. similar to those in other actions for the recovery of land. R. S. O. 1877, c. 94, s. 2. 3. The Lieutenant-Governor in Council may make any grant Lieutenantof lands, tenements or hereditaments, which have heretofore so Governor may make grants escheated or become forfeited or hereafter escheat or become of escheated forfeited for any cause except crime, or of any portion thereof, or forfeited lands. Grant may be entry or in found. or of any interest therein, to any person, for the purpose of transferring or restoring the same to any person or persons having a legal or moral claim upon the person to whom the same had belonged, or of carrying into effect any disposition thereof which such person may have contemplated, or of rewarding any person making discovery of the escheat, or forfeiture as to the Lieutenant-Governor in Council may seem meet. R. S. O. 1877, c. 94, s. 3. 4. Any such grant may be made without actual entry or made without inquisition being first necessary, and although the lands, tenequest of office ments or hereditaments are not in the actual possession of the being first Crown, and notwithstanding that some person claims title. thereto adversely to the person whose estates the same had been; and in case possession of the lands, tenements, or hereditaments is withheld, the person to whom the grant is made shall thereupon be entitled to institute in any Court of competent jurisdiction proceedings for the recovery of the said lands, tenements or hereditaments. R. S. O. 1877, c. 94, s. 4. Lieutenant release for feited pro the forfeiture. 5. Where a forfeiture takes place of any lands, tenements Governor may or hereditaments, or any interest therein, as aforesaid, the Lieutenant-Governor in Council may waive or release any right perty or waive which the Crown may thereby have become entitled to, so as, by the waiver or release, to vest the property, either absolutely or otherwise, in the persons who would have been entitled thereto but for the forfeiture; and the waiver or release may be either for valuable consideration or otherwise, and may be upon such terms and conditions as to the Lieutenant-Governor in Council may seem fit. R. S. O. 1877, c. 94, s. 5. Lieutenant 6. The Lieutenant-Governor in Council may make any asGovernor may signment of personal property to which the Crown is entitled alty to which by reason of the person last entitled thereto having died inthe Crown has testate and without leaving any kin or other persons entitled assign person become en titled. to succeed thereto, or by reason of the same having become forfeited to the Crown, for any cause except crime, or may make an assignment of any portion of such personal property, for the purpose of transferring or restoring the same to any person or persons having a legal or moral claim upon the person to whom the same had belonged, or for carrying into effect any disposition thereof which such person may have contemplated, or of rewarding the person making discovery of the right of the Crown to such property, as to the Lieutenant-Governor in Council may seem meet. R. S. O. 1877, c. 94, s. 6. |