CHAPTER 100. An Act respecting the Law and Transfer of Property. INTERPRETATION, s. 1. CORPOREAL TENEMENTS TO LIE IN INNOCENT, S. 3. PROVISION FOR SALES FREE FROM IN CUMBRANCES, s. 15. PAYMENT INTO COURT AND APPLICA WORDS OF LIMITATION UNNECESSARY, POWERS, MODE OF EXECUTION, ETC., Interpretation. 'Land." "Mortgage." ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Where the words following occur in this Act they shall be construed in the manner hereinafter mentioned, unless a contrary intention appears: 1. "Land" shall extend to messuages, lands, tenements and hereditaments, whether corporeal or incorporeal, and to any undivided share thereof, and to any estate or interest therein, and to money subject to be invested in the purchase of land or of any interest therein. R. S. O. 1877, c. 98, s. 1 (1); 49 V. c. 20, s. 3 (2). 2. "Mortgage" shall include every instrument by virtue whereof land is in any manner conveyed, assigned, pledged or charged as security for the repayment of money or money's worth lent, and to be reconveyed, re-assigned or released on satisfaction of the debt. R. S. O. 1877 c. 98, s. 1 (3). 3. "Mortgagor" shall include every person by whom any "Mortgagor." such conveyance, assignment, pledge or charge as aforesaid is made. 4. "Mortgagee "Ishall include every person to whom or in "Mortgagee.” whose favour any such conveyance, assignment, pledge or charge as aforesaid is made or transferred. R. S. O. 1877, c. 98, s. 1 (4, 5). 5. "Property" shall include real and personal property, and any debt, and any thing in action, and any other right or interest. 49 V. c. 20, s. 3 (1). 66 Property.” Imp. Act, 44 45 V. c. 41. s. 2. 6. "Conveyance" shall include feoffment, grant, assignment, "Conveyappointment, lease, settlement, and other assurance, and covenant ance." to surrender, made by deed, on a sale, mortgage, demise, or settlement of any property or on any other dealing with or for any property; and "convey" has a meaning corresponding with "Convey,” that of conveyance. R. S. O. 1877, c. 98, s. 1 (2); 49 V. c. 20, s. 3 (3). 7. "Purchaser" shall include a lessee or mortgagee, and an "Purchaser.” intending purchaser, lessee or mortgagee, or other person, who, for valuable consideration, takes or deals for any property; and "purchase" has a meaning corresponding with that of pur- "Purchase.’ chaser; but sale means only a sale properly so called. 49 V. c. 20, s. 3 (6). 2. All corporeal tenements and hereditaments shall, as re- Corporeal tengards the conveyance of the immediate freehold thereof, be ements, etc., deemed to lie in grant as well as in livery. R. S. O. 1877, c. in grant, etc. 98, s. 2. deemed to lie 3. A feoffment otherwise than by deed shall be void at law, Feoffments and no feoffment shall have any tortious operation. R. S. O. unless by deed 1877, c. 98, s. 3. to be void. 4. (1) In a deed, or other instrument, it shall not be Words of necessary, in the limitation of an estate in fee simple to use unnecessary. limitation sec. 51. the word heirs; or in the limitation of an estate in tail to Imp. Act, use the words heirs of the body; or in the limitation of an estate in tail male or in tail female, to use the words heirs male of the body, or heirs female of the body. (2) For the purpose of such limitation it shall be sufficient in a deed, or other instrument, as in a will to use the words in fee simple, in tail, in tail male, or in tail female, according to the limitations intended, or to use any other words sufficiently indicating the limitation intended. etc. (3) Where no words of limitation are used, a conveyance Provision for shall pass all the estate, right, title, interest, claim and demand, all the estate, which the conveying parties respectively have, in, to, or on the property conveyed, or expressed or intended so to be, or which Imp. Act, they respectively have power to convey in, to, or on the same, sec. 63. This sub-section applies only if and as far as a contrary inten Conveyance by a person to himself, etc. tion does not appear from the conveyance, and shall have effect subject to the terms of the conveyance and to the provisions therein contained. (4) This section applies only to conveyances made after the 1st day of July, 1886. 49 V. c. 20, s. 4. 5. Freehold land or chattels real may be conveyed by a person to himself jointly with another person, by the like means Imp. Act, sec. by which the same might be conveyed by him to another person; and may, in like manner, be conveyed by a husband to his wife and by a wife to her husband, alone or jointly with another person. R. S. O. 1877, c. 95, s. 10; 49 V. c. 20, s. 6. 50. Receipt in deed sufficient. Imp. Act, ss. 54, 55. 6. A receipt for consideration money or securities contained in the body of a conveyance shall be a sufficient discharge to the person paying or delivering the same, without any further receipt being indorsed on the conveyance, and shall, in favour of a subsequent purchaser not having notice that the money or other consideration thereby acknowledged to be received was not in fact paid or given wholly or in part, be sufficient evidence of the payment or giving of the whole amount thereof. 49 V. c. 20, s. 10. Rights of pur7. On a sale, the purchaser shall not be entitled to chaser as to execution of require that the conveyance to him be executed in his presence, purchase deed. or in that of his solicitor, as such; but shall be entitled to have, Imp. Act. s. 8. at his own cost, the execution of the conveyance attested by some person appointed by him, who may, if he thinks fit, be his solicitor. 49 V. c. 20, s. 11 (1). Partition or exchange of land, etc., 8. A partition and an exchange of land, and a lease required by law to be in writing of land, and an assignment unless by deed of a chattel interest in land, and a surrender in writing of land not being an interest which might by law have been created without writing, shall be void at law, unless made by deed. R. S. O. 1877, c. 98, s. 4. to be void. Certain interests in land 9. A contingent, an executory, and a future interest, and a may be dispos. possibility coupled with an interest in land, whether the ed of by deed. object of the gift or limitation of such interest or possibility be or be not ascertained, also a right of entry, whether immediate or future, and whether vested or contingent, into or upon land, may be disposed of by deed; but no such disposition shall by force only of this Act defeat or enlarge an estate tail. R. S. O. 1877, c. 98, s. 5; 47 V. c. 19, s. 22. No implied to be created 10. Neither of the words "grant," or "exchange," in any warranty, etc., deed, shall create any warranty or right of re-entry, or covenant by implication except in cases where by any Act in force "exchange." in Ontario, it is declared that the word "grant" shall have. such effect. R. S. O. 1877, c. 98, s. 6. by the word 66 grant" or three sec 11. The preceding.three sections of this Act shall not extend Preceding to any deed, act or thing executed or done, or to any estate, tions not to right or interest created before the 1st day of January, 1850, extend to but they shall extend to and have operation and effect on deeds, etc., and from that day. R. S. O. 1877, c. 98, s. 7. executed before 1st Jan uary, 1850. houses, etc. reversion, and 12.-(1) Every conveyance of land, unless an exception is Conveyance to specially made therein, shall be held and construed to include include all all houses, out-houses, edifices, barns stables, yards, gardens, and the orchards, commons, trees, woods, underwoods, mounds, fences, all the estate, hedges, ditches, ways, waters, water-courses, lights, liberties, etc. privileges, easements, profits, commodities, emoluments, hereditaments and appurtenances whatsoever, to the lands therein comprised, belonging or in any wise appertaining, or with the same demised, held, used, occupied and enjoyed, or taken or known as part or parcel thereof; and if the same purports to convey an estate in fee, also the reversion or reversions, remainder and remainders, yearly and other rents, issues and profits of the same lands, and of every part and parcel thereof, and all the estate, right, title, interest, inheritance, use, trust, property, profit, possession, claim and demand whatsoever, of the grantor, in, to, out of, or upon the same lands, and every part and parcel thereof, with their and every of their appurtenances. (2) Except as to conveyances under the former Acts relating to short forms of conveyances, this section applies only to conveyances made after the 1st day of July, 1886. R. S. O. 1877, c. 102, s. 4; 49 V. c. 20, s. 5. convey by bar 13. Any corporation aggregate in Ontario, capable of taking Corporations and conveying land, shall be deemed to have been and to be aggregate may capable of taking and conveying land by deed of bargain and gain and sale. sale, in like manner as any person in his natural capacity, subject nevertheless to any general limitations or restrictions and to any special provisions as to holding or conveying real estate which may be applicable to such corporation. R. S. O. 1877, c. 98, s. 8. gain and sale. 14. No deed of bargain and sale of land in Ontario, executed Enrolment or subsequently to the 6th day of March, 1834, shall require enrol- not necessary registration ment or registration to supply the place of enrolment, for the mere to validity of purpose of rendering such bargain and sale a valid and effectual deeds of barconveyance for passing the land thereby intended to be bargained and sold, but this shall not affect any question of priority under This shall not The Registry Act, or any Act heretofore in force respecting the under Rev. affect priority registration of instruments relating to real estate. R. S. O. 1877, Stat. c. 114. c. 98, s. 9. incumbrances. 15.-(1) Where land subject to any incumbrance, whether Provision for immediately payable or not, is sold by the Court or out of sales free from Court, the Court may, if it thinks fit, on the application of any Imp. Act, s. 5. party to the sale, direct or allow payment into Court-in case Regulations respecting payments into court and Covenants to be implied. 45 V. c. 41, of an annual sum charged on the land, or of a capital sum charged on a determinable interest in the land-of such amount as, when invested in securities approved by the Court, the Court considers will be sufficient by means of the dividends thereof to keep down or otherwise provide for that charge; and -in any other case of capital money charged on the land-of the amount sufficient to meet the incumbrance and any interest due thereon; but in either case there shall also be paid into Court such additional amount as the Court considers will be sufficient to meet the contingency of further costs, expenses, and interest, and any other contingency except depreciation of investments, not exceeding one-tenth part of the original amount to be paid in, unless the Court for special reasons thinks fit to require a larger additional amount. (2) Thereupon the Court may, if it thinks fit, and either after or without any notice to the incumbrancer as the Court thinks fit, declare the land to be freed from the incumbrance; and make any order for conveyance, or vesting order, proper for giving effect to the sale; and give directions for the retention and investment of the money in Court. (3) After notice served on the persons interested in or entitled to the money or fund in Court, the Court may direct payment or transfer thereof to the persons entitled to receive or give a discharge for the same, and generally may give directions respecting the application or distribution of the capital or income thereof. 49 V. c. 20, s. 12 (1-3). 16.-(1) Payment of money into Court shall effectually exonerate therefrom the person making the payment. (2) Every application to the Court shall, except where it is otherwise expressed, be made in chambers, and on notice. (3) On an application by a purchaser, notice shall be served in the first instance on the vendor. (4) On an application by a vendor, notice shall be served in the first instance on the purchaser. (5) On any application, notice shall be served on such persons, as the Court thinks fit. (6) The Court shall have full power and discretion to make such order as it thinks fit respecting the costs, charges or expenses of all or any of the parties to any application. 49 V. c. 20, s. 19. 17.-(1) In a conveyance made on or after the 1st day of July, 1886, there shall, in the several cases in this Imp. Act, 44 section mentioned, be deemed to be included, and there shall in those several cases be implied, covenants to the effect in this section stated, by the person or by each person who conveys, as far as regards the subject-matter or share of subject 8. 7. |