CHAPTER 96.

An Act respecting Voluntary and Fraudulent Conveyances.

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario. enacts as follows:

VOLUNTARY CONVEYANCES.

tary convey

from absence

1. Notwithstanding the provisions of the statute passed in No volunthe 27th year of the reign of Her late Majesty Queen ance, etc., exeElizabeth, and chaptered four, no conveyance, grant, charge, cuted in good faith and duly lease, estate, incumbrance, limitation of use or uses which is ex- registered to ecuted in good faith, and duly registered in the proper registry be void merely office before the execution of the conveyance to, and before the of valuable creation of any binding contract for the conveyance to any consideration. subsequent purchaser from the same grantor of the same lands, tenements or hereditaments, or any part or parcel thereof, or any rent, profit or commodity in or out of the same, shall be or be deemed or taken to be, merely by reason of the absence of a valuable consideration, void, frustrate, or of none effect as against such purchaser, or his heirs, executors, administrators or assigns, or any person claiming by, from, or under any of them. R. S. O. 1877, c. 95, s. 11.

ments other

ing section.

2. Nothing in the preceding section contained shall have Instru the effect of making valid any instrument which is for any wise void reason other than or in addition to the absence of a valuable not to be valid under precedconsideration void under the said statute or otherwise; nor shall anything in the preceding section contained have the effect of making valid any instrument as against a purchaser who had, before the 28th day of February, 1868, entered into a binding contract for, or received his conveyance upon such purchase. R. S. O. 1877, c. 95, s. 12.

FRAUDULENT CONVEYANCES.

1 and 2 of 13

3. Whereas by the first and second clauses of the Act Recital of 95. passed in the 13th year of the reign of Her late Majesty Queen Eliz. c. 5, that Elizabeth, it is enacted as follows:

conveyances,

etc., to hinder

void.

"For the avoiding and abolishing of feigned, covinous and judgments, "fraudulent feoffments, gifts, grants, alienations, conveyances, or defraud "bonds, suits, judgments and executions more commonly used creditors be "and practised in these days than hath been seen or heard of "heretofore, which feoffments, gifts, grants, alienations, convey"ances, bonds, suits, judgments and executions have been and "are devised or contrived of malice, fraud, covin, collusion or

Recital of s.

that that Act

tend to any

interest conveyed for

"guile, to the end, purpose and intent to delay, hinder and
"defraud creditors and others of their just and lawful actions,
"suits, debts, accounts, damages, penalties, forfeitures, heriots,
"mortuaries and reliefs, not only to the let or hindrance of the
due course and execution of law and justice, but also to the
"overthrow of all true and plain dealing, bargain and chevi-
"sance between man and man, without the which no commnon-
"wealth or civil society can be maintained or continued; all
"and every feoffiment, gift, grant, alienation, bargain and con-
veyance of lands, tenements, hereditaments, goods and chat-
"tels, or of any of them, or of any lease, rent, common or other
"profit or charge out of the same lands, tenements, heredita-
"ments, goods and chattels, or any of them, by writing or other-
"wise, and all and every bond, writ, judgment and execution,
"at any time had or made since the beginning of the Queen's
Majesty's reign, that now is or at any time hereafter to be
had or made to or for any intent or purpose before declared
or expressed, shall be from thenceforth deemed and taken
only as against that person or persons, his or their heirs, suc-
"cessors, executors, administrators and assigns, and every of
them, whose actions, suits, debts, accounts, damages, penalties,
forfeitures, heriots, mortuaries and reliefs, by such guileful,
"covinous and fraudulent devices and practices as is aforesaid,
'are or shall or might be in any ways disturbed, hindered, de-
"layed or defrauded, to be clearly and utterly void, frustrate
"and of none effect, any pretence, colour, feigned consideration
"expressing of use or any other matter or thing to the contrary
"notwithstanding."

66

And whereas it is also by the sixth clause of the said Act provided and enacted as follows:

"This Act or anything herein contained shall not extend to 6, 13 Eliz. c. 5, "any estate or interest in lands, tenements, hereditaments, should not ex- "leases, rents, commons, profits, goods or chattels had, made, "conveyed or assured, or hereafter to be had, made, conveyed or assured, which estate or interest is or shall be upon good good consider "consideration and bona fide lawfully conveyed or assured to any person or persons, or bodies politic or corporate, not hav"ing at the time of such conveyance or assurance to them made any manner of notice or knowledge of such covin, fraud or collusion as is aforesaid, anything before mentioned to the "contrary thereof notwithstanding.

ation, bona

fide, without notice of fraud.

Valuable

And whereas there are doubts as to the true construction of the said Act, and it is expedient to declare the true construction of the same;

Therefore it is enacted as follows:-
:-

1. The first and second clauses of the said Act apply to all consideration instruments executed to the end, purpose and intent in the said clauses set forth, notwithstanding that the same may be ex

and intent to

pass the interest shall

ecuted upon a valuable consideration, and with the intention, as not alone between the parties to the same, of actually transferring to and prevent the application of for the benefit of the transferee the interest expressed to be ss. 1, 2, unless. thereby transferred, unless the same is protected under the on acquisition bona fide, sixth clause of the said Act by reason of bona fides and want without notice of notice or knowledge on the part of the purchaser.

of fraud.

not affected.

2. This section shall not apply to any instrument executed Instruments before the second day of March, 1872. R. S. O. 1877, c. 95, s. 13.

CHAPTER 97.

An Act respecting Powers of Attorney.

ER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts

as follows:

of attorney

decease of

1. In case a power of attorney for the sale or management As to a power of real or personal estate, or for any other purpose, provides provided exthat the same may be exercised in the name and on the behalf pressly to be of the heirs or devisees, executors or administrators of the exercised after person executing the same, or provides by any form of words constituent. that the same shall not be revoked by the death of the person executing the same, such provision shall be valid and effectual to all intents and purposes, according to the tenor and effect thereof, and subject to such conditions and restrictions, if any, as may be therein contained. R. S. O. 1877, c. 95, s. 14.

powers of

stituents,

2. Independently of such special provision in a power As to things of attorney, every payment made and every act done under and done and in pursuance of a power of attorney, or a power, whether in attorney after writing or verbal, and whether expressly or impliedly given, the decease, or an agency expressly or impliedly created after the death of etc., of conthe person who gave such power or created such agency, or without such after he has done some act to avoid the power or agency, shall, visions. special pronotwithstanding such death or act last aforesaid, be valid as respects every person party to such payment or act, to whom the fact of the death, or of the doing of such act as last aforesaid, was not known at the time of such payment or act bona fide done as aforesaid, and as respects all claiming under such last mentioned person. R. S. O. 1877, c. 95, s. 15.

Bees in a state

CHAPTER 98.

An Act respecting the right of Property in Swarms of Bees.

HER

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. Bees living in a state of freedom shall be the property of of freedom to the person discovering them, whether he is or is not the proprietor of the land on which they have established themselves. R. S. O. 1877, c. 96, s. 1.

be the property of their discoverer.

Bees reared

2. Bees reared and kept in hives shall be private property. in hives to be R. S. O. 1877, c. 96, s. 2.

private property.

Rights of owner in

case of bees abandoning their hives.

Proviso.

Unpursued

swarms.

Property where

to follow his

bees.

[As to exemption from seizure under execution, See Cap 64, s. 2 (7).]

3. Where a swarm of bees leaves a hive the owner may reclaim them, so long as he can prove his right of property therein, and shall be entitled to take possession of them at any place on which the swarm settles, even if such place be on the land of another person, but the owner shall notify the proprietor of such land beforehand and compensate him for all damages. If a swarm settles in a hive which is already occupied, the owner shall lose all right of property in such swarm. R. S. O. 1877, c. 96, s. 3.

4. Any unpursued swarm which lodges on any property whatsoever, without settling thereon, may be secured by the first comer unless the proprietor of the land objects. 1877, c. 96, s. 4.

R. S. O.

5. If the owner of a swarm of bees declines to follow

owner declines the swarm, and another person undertakes the pursuit, such other person shall be substituted in the rights of the owner, and every swarm which is not followed shall become the property of the proprietor of the land on which it settles, without regard to the place from which it has come. R. S. O. 1877, c. 96, s. 5.

CHAPTER 99.

An Act respecting the rights of Aliens in relation to
Real Property.

H'

ER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts

as follows:

ers as to real

1. On and from the 23rd day of November, 1849, every Aliens to have alien shall be deemed to have had and shall hereafter have the same powthe same capacity to take by gift, conveyance, descent, estate as subdevise, or otherwise howsoever, and to hold, possess, enjoy, jects of Her Majesty. claim, recover, convey, devise, impart and transmit real estate in this Province, as natural born or naturalized subjects of Her Majesty. R. S. O. 1877, c. 97, s. 1.

2. The real estate in this Province of an alien dying Descent of real intestate, shall descend and be transmitted as if the same had estate of aliens. been the real estate of a natural born or naturalized subject of Her Majesty. R. S. O. 1877, c. 97, s. 2.

3. Nothing herein contained shall alter, impair or affect or Proviso as to be construed to alter, impair or affect in any manner or way 23rd Novemrights before whatsoever, any right or title legally vested in or acquired by ber, 1849. any person or persons whomsoever before the 23rd day of November, 1849. R. S. O. 1877, c. 97, s. 3.