When no proof defendant shall pay costs to the plaintiff'; and upon the trial of of plaintiff's title required. any action after such notice no evidence shall be required in proof of the title of the plaintiff. R. S. O. 1877, c. 51, c. 30. "Purchase".. PURCHASES OF REVERSIONS. 33. In the succeeding two sections the word "Purchase what it shall shall mean any kind of contract, conveyance or assignment, under or by which any kind of property may be acquired. R. S. O. 1877, c. 95, s. 7. mean. Onus probandi of undervalue 34. In case any purchase made before the 4th day of to lie on plain. March, 1868, of any reversionary interest in real or personal tiff in setting estate is sought to be opened or set aside on the ground of of a reversion undervalue, the onus of proving undervalue shall lie upon the plaintiff. R. S. O. 1877, c. 95, s. 5. before 4th March, 1868. Purchases 1868 not 35. No purchase made after the said date bona fide, and after March 4, without fraud, of any reversionary interest in real or personal estate, shall be opened or set aside on the ground of undervalue. R. S. O. 1877, c. 95, s. 6. affected by undervalue. Proof of pay chase money PURCHASER FOR VALUE WITHOUT NOTICE. 36. It shall in no case be necessary, in order to maintain the ment of pur- defence of a purchase for value without notice, to prove payment of the mortgage money or purchase money, or any part thereof. R. S. O. 1877, c. 95, s. 9. unnecessary. Liability of vendor or mortgagor for fraudulent concealment of deeds, etc. or falsifying Poets 22. pedigree. 23 V., c. 35, 8. 24, and 23-24 V. c. 38, s. 8. FRAUDS ON SALES AND MORTGAGES. 37. If any seller or mortgagor of land, or of any chattels real or personal, or choses in action conveyed or assigned to a purchaser or mortgagee, or the solicitor or agent of any such seller or mortgagor, conceals any settlement, deed, will or other instrument material to the title, or any incumbrance, from the purchaser or mortgagee, or falsifies any pedigree upon which the title depends or may depend, in order to induce him to accept the title offered or produced to him, with intent in any of such cases to defraud, he shall, in addition to any criminal liability he may thereby incur, be liable to an action for damages at the suit of the purchaser or mortgagee, or those claiming under the purchaser or mortgagee, for any loss sustained by them or either or any of them, in consequence of the settlement, deed, will or other instrument or incumbrance so concealed, or of any claim made by any person under such pedigree, but whose right was concealed by the falsification of such pedigree; and in estimating such damages where the estate is recovered from such purchaser or mortgagee, or from those claiming under the purchaser or mortgagee, regard shall be had to any expenditure by them, or either or any of them, in improvements on the land. R. S. O. 1877, c. 98, s. 18. SCHEDULE. FORM OF CONVEYANCE BY BENEFICIAL OWNER UNDER SECTION 17. This Indenture made the eight hundred and day of one thousand Between (here insert namies of parties and recitals, if any,) Witnesseth, that in consideration of In witness whereof, the said parties hereto have hereunto set their hands and seals. HE CHAPTER 101. An Act respecting Petty Trespasses. ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: unlawful trespass. 1. Any person who unlawfully enters into, comes upon, or Penalty for pisses through or in any way trespasses upon any land or premises whatsoever, being wholly enclosed, and being the property of another person, shall be liable to a penalty of not less than $1 nor more than $10 for any such offence, irrespective of any damage having or not having been occasioned thereby ; and such penalty may be recovered, with costs, in every case Recovery of of conviction before any one Justice of the Peace, who shall penalty. decide the matter in a summary way, and award costs in case of conviction, which may be had either on view or on confession of the party complained against, or on the oath of one credible witness. But nothing herein contained shall extend Proviso. to any case where the party trespassing acted under a fair and reasonable supposition that he had a right to do the act complained of, or to any case within the meaning of section 59 of The Act respecting Malicious Injuries to Property. 25 V. R. S. C. c. 168. c. 22, s. 2. 2. Any person found committing such trespass as aforesaid, Trespasser may be apprehended without a warrant by any peace officer, ed without may be arrest or by the owner of the property on which it is committed, or warrant. the servant, or any person authorized by him, and be forthwith taken to the nearest Justice of the Peace, to be dealt with according to law. C. S. U. C. c. 105, s. 2. 3. Except as herein otherwise provided, all proceedings under this Act shall be subject to and in accordance with the R. S. C. c. 178. provisions of the Summary Convictions Act, which shall apply to cases arising under this Act. C. S. U. C. c. 105, s. 3. Act not to o land. 4. Nothing in this Act contained shall authorize any Justice affect any case of the Peace to hear and determine any case of trespass in involving title which the title to land, or any interest therein or accruing thereupon, shall be called in question or affected in any manner howsoever; but every such case of trespass shall be dealt with according to law in the same manner, in all respects, as if this Act had not been passed. C. S. U. C. c. 105, s. 4. Interpretation. "Property." H 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. "Property" includes real and personal property, and any debt, and any thing in action, and any other right or interest. 2. "Land" includes tenements and hereditaments, corporeal "Land." or incorporeal; and houses and other buildings; also an undivided share in land. ance. 3. "Conveyance" includes assignment, appointment, lease, "Conveysettlement, and other assurance and covenant 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 that of con- "Convey." veyance. 4. "Mortgage" includes any charge on any property for secur- "Mortgage.” ing money or money's worth; and "mortgage money" means "Mortgage money or money's worth, secured by a mortgage; and "mort- money." gagor " includes any person from time to time deriving title "Mortgagor.” under the original mortgagor, or entitled to redeem a mortgage, according to his estate, interest, or right, in the mortgaged pro perty; and "mortgagee includes any person from time to time "Mortgagee.” deriving title under the original mortgagee. 5. "Incumbrance" includes a mortgage in fee, or for a less "Incumestate, and a trust for securing money, and a lien, and a charge brance." of a portion, annuity or other capital or annual sum; and "incumbrancer" has a meaning corresponding with that of in- "Incumcumbrance, and includes every person entitled to the benefit brancer." of an incumbrance, or to require payment or discharge thereof. 49 V. c. 20, s. 3 (1-5). ᏢᎪᎡᎢ I. 2.-(1) Where a mortgagor is entitled to redeem, he shall, Obligation on by virtue of this Act, have power to require the mortgagee, transfer ininstead of giving a certificate of payment or re-conveying, and stead of reon the terms on which he would be bound to re-convey, to conveying. assign the mortgage debt and convey the mortgaged property and 45, V. c. Imp. Act 44 to any third person, as the mortgagor directs; and the mort- 41, s. 15. gagee shall, by virtue of this Act be bound to assign and convey accordingly. (2) This section does not apply in the case of a mortgagee being or having been in possession. (3) This section shall have effect notwithstanding any stipu lation to the contrary. 49 V. c. 20, s. 7. 3.-(1) A mortgagor, as long as his right to redeem subsists, Power for shall, by virtue of this Act, be entitled from time to time, at mortgagor to inspect title reasonable times, on his request, and at his own cost, and on deeds. payment of the mortgagee's costs and expenses in this behalf, Imp. Act, to inspect and make copies or abstracts of or extracts from the sec. 16. documents of title relating to the mortgaged property in the custody or power of the mortgagee. (2) This section applies only to mortgages made after the 1st day of July, 1886, and shall have effect notwithstanding any stipulation to the contrary. 49 V. c. 20, s. 8. Insurance money. Imp. Act, 23. Covenants to be implied. Imp. Act, s. 7. On mortgage, by beneficial owner. Rev. Stat. c. 107. On mortgage of leaseholds, by beneficial owner. 4. (1) All money payable on an insurance to a mortgagor shall, if the mortgagee so requires, be applied by the mortgagor in making good the loss or damage in respect of which the money is received. (2) Without prejudice to any obligation to the contrary imposed by law or by special contract, a mortgagee may require that all money received on an insurance be applied in or towards the discharge of the money due under his mortgage. 49 V. c. 20, s. 9. 5.-(1) There shall, in the several cases in this section mentioned, be deemed to be included, and there shall in those several cases by virtue of this Act 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-matter expressed to be conveyed by him, with the person, if one, to whom the conveyance is made, or with the persons jointly, if more than one, to whom the conveyance is made as joint tenants, or with each of the persons, if more than one, to whom the conveyance is made as tenants in common, that is to say (a) In a conveyance by way of mortgage, the following covenants by the person who conveys, and is expressed to convey as beneficial owner (namely): For payment of the mortgage money and interest, and observance in other respects of the proviso in the mortgage; Good title; Right to convey; That, on default, the mortgagee shall have quiet possession of the land; Free from all incumbrances; That the mortgagor will execute such further assurances According to the tenor and effect of the several and respec- (b) In a conveyance by way of mortgage of leasehold property, the following further covenant by the person who conveys, and is expressed to convey, as beneficial owner (namely): |