Procedure.

(2) The money shall be so paid in to the credit of the matter in which the payment is made, with the privity of the clerk of Withdrawal. the County Court, and in no other manner; and such money shall only be withdrawn or reinvested on the order of the Court or a Judge thereof, with the privity of the clerk of the Court.

Clerk to keep books and render statements.

Verification of

Clerk.

(3) The clerk shall keep a book or books containing an account of all moneys so paid in, and of the withdrawal thereof; and shall prepare in the month of January in every year a statement of all moneys so paid in and withdrawn, or reinvested respectively, and a statement of the condition of the various accounts upon the 31st day of the preceding December, and shall transinit to the Provincial Secretary and to the real representative, a copy of the statement, with a declaration thereto annexed made before a justice of the peace, notary public or commissioner for taking affidavits in the form following:

I hereby solemnly declare that the annexed statement is a full and true statement by statement of the moneys paid into the Court, to the credit of the real representative of the County of under The Partition Act, during the year 18 and that it correctly shews the state of the various accounts therein mentioned upon the thirty-first day of December last.

Books to be open for inspection.

Fees for extracts, etc.,

Investments

1869, declared valid.

Commissioner for taking affidavits, or as the case may be.

(4) The book or books so to be kept shall be open for inspection within office hours; and the clerk shall give a certificate of the state of any account or an extract therefrom at the desire of any party interested, or his solicitor on payment to the clerk of the sum of twenty cents for such inspection or certificate and the sum of ten cents per folio for such extract. R. S. O. 1877, c. 101, s. 56; 48 V. c. 16, s. 1.

61.—(1) All investments made prior to the 23rd day of before 23 Jan. January, 1869, on mortgage of real estate, and all acts and proceedings before said day done and performed, by virtue of the Partition Acts then in force, by any real representative shall be and the same are hereby declared valid and effectual,

Releases and discharges.

Rev. Stat. c. 114.

(2) The successors in office, or any of them, of any deceased or other real representative, or any real representative for the time being, shall be and each of them is hereby duly empowered, upon payment having been made to any predecessor or himself in full of any sum or sums of money secured by mortgage, by virtue of this or any former Partition Act, to any predecessor or deceased predecessor in his lifetime, or to any successor or successors in office as such Surrogate Judge and real representative, or to himself, to execute and grant all necessary releases and discharges of the same in manner and form provided by The Registry Act. R. S. O. 1877, c. 101, s. 57.

62. The Judge or Junior or acting Judge of the County Junior or actCourt for the time being shall, in case of the decease or absence ing Judge of County Court of the proper Surrogate Judge, be and he is hereby vested, for to have juristhe time being, with all the functions, powers and authorities diction. for the county, of the person hereby appointed the real representative, and shall perform the duties thereof till the appointment of or return of the Surrogate Judge. R. S. O. 1877, c. 101, s. 58.

change of

63. Proceedings under this Act shall not abate or be sus- Deaths, transpended by any death, or transmission or change of interest, but mission, or in any such event, if known, the Court or Judge may require interest. notices to be given to persons becoming interested, or may make such order for carrying on the proceedings, or otherwise, in relation thereto, as may be just. R. S. O. 1877, c. 101, s. 59.

ings.

64. The Court or a Judge shall have the same powers of Amendment amendment of all or any of the proceedings under this Act, as of proceedare possessed by the Court or a Judge in ordinary actions and proceedings pending in the Court. R. S. O. 1877, c. 101, s. 60.

65. In case at any time during the course of the pro- Adding ceedings it appears that any person not already a party parties. thereto has any interest in the land, the Judge may, upon such terms as to him seem just, order such person to be named as a party and served with notice of the proceedings, and from the time of the service of the order, the said party shall be bound by the proceedings in the same manner as if he had actually been made a party to the same. R. S. O. 1877, c. 101, s. 61.

chambers.

66. A Judge in Chambers shall have equal power and juris- Powers of liction with the full Court, in all proceedings under this Act, Judge in as fully as if specially named therein, except where the word 'Court" is in this Act used alone. R. S. O. 1877, c. 101, S. 62.

46

vits, etc., to

67. All affidavits, orders, reports and other papers and Where affidadocuments filed with any deputy clerk of the crown or be deposited, deputy registrar, during the progress of any proceeding under etc. this Act, shall be by him immediately thereafter transmitted to the registrar or clerk of records and writs, or other proper officer of the Division of the High Court in which the petition has been filed, as the case may be, to be preserved and safely kept as muniments of title. R. S. O. 1877, c. 101, s. 63.

moneys to

68. In the month of January in each year the real repre- An account of presentative, the registrar, the clerk of records and writs, or unclaimed other officer of the Court having in any case the custody of published be any moneys, bonds, mortgages, securities or investments arising yearly. from the sales of such estates for the benefit of any unknown, absent, infant or lunatic parties, where no claim has been made on their behalf for any interest or principal of such investments during the preceding year, shall cause to be

Rules and orders.

published in the Ontario Gazette and a weekly or daily paper published in the county in which the lands or any part thereof are situate, or if no such paper is published therein then in a daily or weekly paper published in the next adjoining or nearest county where such paper is published, weekly for the period of four weeks, a statement of the securities or investments remaining unclaimed, shewing the name of the intestate party, the amount unclaimed, and the property from which the claim has arisen; and such statement shall be verified by the real representative, clerk, or other officer aforesaid under oath; and a copy thereof shall be filed among the records of the Court. R. S. O. 1877, c. 101, s. 64.

69. The Judges of the Supreme Court, acting under sections 105 and 108 of The Judicature Act, shall make such tariff of fees, Rules and Orders for the proceedings on petitions under 44, ss. 105, 108. this Act as they may deem expedient and advisable. R. S. O. 1877, c. 101, s. 65.

Rev. Stat. c.

Interpretation.

"Lands."

"Party."

Where words

Schedule B

are employed

CHAPTER 105.

An Act respecting Short Forms of Conveyances.

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, or in the Schedules thereto, they shall be construed in the manner hereinafter mentioned, unless a contrary intention appears:

1. "Lands" shall extend to all freehold tenements and hereditaments, whether corporeal or incorporeal, or any undivided part or share therein, respectively.

2. "Party" shall mean and include any body politic, or corporate, or collegiate, as well as an individual. R. S. O. 1877, c. 102, s. 1.

2. Where a deed expressed to be made in pursuance of column 1 of of this Act, or referring thereto, contains any of the forms of words contained in column one of Schedule B the deed to hereto annexed, and distinguished by any number thereeffect as if the in, such deed shall be taken to have the same effect, and words in col- be construed as if it contained the form of words contained in

have the same

umn 2 were

inserted.

column two of said Schedule B, and distinguished by the same number as is annexed to the form of words used in the deed; but it shall not be necessary, in any such deed, to insert any such number. R. S. O. 1877, c. 102, s. 2.

3. Any deed or part of a deed which fails to take effect by Deeds failing virtue of this Act, shall, nevertheless, be as effectual to bind to take effect the parties thereto, as if this Act had not been made. R. S. O. to be as valid 1877, c. 102, s. 3.

under this Act

as if Act not made.

houses, etc.,

4. Every such deed, unless an exception is specially made Deed to intherein, shall be held and construed to include all houses, out- clude all houses, edifices, barns, stables, yards, gardens, orchards, com- and the mons, trees, woods, underwoods, mounds, fences, hedges, ditches, reversion and ways, waters, water-courses, lights, liberties, privileges, ease- etc. ments, 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 reverson 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. R.S.O. 1877, c. 102, s. 4.

5. The Schedules hereto, and the directions and forms therein Schedules, contained, shall be deemed parts of this Act. R. S. O. 1877, etc., to form part of Act. c. 102, s. 6.

SCHEDULE A.

FORM OF CONVEYANCE UNDER SECTION 2.

day of

one thousand

Tuis Indenture made the eight hundred and in pursuance of The Act respecting Short Forms of Conveyances, Between (here insert names of parties and recitals, if any,) Witnesseth, that in consideration of dollars, of lawful money of Canada, now paid by the said (grantee) to the said (grantor) the receipt whereof is hereby by him acknowledged,) he the said (grantor) doth grant unto the said (grantee) in fee simple (or otherwise as the case may be) all, etc., (parcels)

(Here insert covenants, or any other provisions.) In witness whereof. the said parties hereto have hereunto set their hands and seals. R. S. O. 1877, c. 102, Sched. A.

SCHEDULE B.

(Section 2.)

DIRECTIONS AS TO THE FORMS IN THIS SCHEDule.

1. Parties who use any of the forms in the first column of this Schedule, may substitute for the words "Covenantor" or "Covenantee," or "Releaser" or "Releasee," "Grantor" or "Grantee," any name or names, and in every such case corresponding substitutions shall be taken to be made in the corresponding forms in the second column.

2. Such parties may substitute the feminine gender for the masculine, or the plural number for the singular, in any of the forms in the first column of this Schedule, and corresponding changes shall be taken to be made in the corresponding forms in the second column.

3 Such parties may introduce into, or annex to, any of the forms in the first column, any express exceptions from, or other express qualifications thereof respectively, and the like exceptions or qualifications shall be taken to be made from or in the corresponding forms in the second column.

4. Such parties may add the name or other designation of any person or persons, or class or classes of persons, or any other words, at the end of form two, of the first column. so as thereby to extend the words thereof to the acts of any additional person or persons, or class or classes of persons, or of all persons whomsoever; and in every such case the covenants two, three and four, or such of them as may be employed in such deed, shall be taken to extend to the acts of the person or persons, class or classes of persɔns, so named.

1. The said (cove- 1. And the said covenantor doth hereby, for nantor) covenants himself, his heirs, executors and administrators, covenant, promise and agree, with and to the said with the said (cove- covenantee, his heirs, executors, administrators nantee). and assigns, in manner following, that is to say:

2. That he has 2. That for and notwithstanding any act, deed, the right to convey matter or thing by the said covenantor done, exthe said lands to ecuted, committed, or knowingly or wilfully permitted or suffered to the contrary, he, the said the said (covenan- covenantor, now hath in himself good right, full tee) notwithstand- power, and absolute authority to convey the said ing any act of the lands, and other the premises hereby conveyed, said (covenantor). or intended so to be, with their and every of their appurtenances, unto the said covenantee, in manner aforesaid, and according to the true intent of these presents.

said lands.

3. And that the 3. And that it shall be lawful for the said said (covenantee) covenantee, his heirs, executors, administrators and assigns, from time to time and at shall have quiet all times hereafter, peaceably and quietly to possession of the enter upon, have, hold, occupy, possess and enjoy the said land and premises hereby conveyed, or intended so to be, with their and every of their appurtenances; and to have, receive and take the rents, issues and profits thereof, and of every part thereof, to and for his and their use and benefit, without any let, suit, trouble, denial, eviction, interruption, claim or demand whatsoever of, from or by him the said covenantor, or his heirs, or any person claiming, or to claim, by, from, under or in trust for him, them or any of them.

4. Free from incumbrances.

all 4. And that free and clear, and freely and absolutely acquitted, exonerated and for ever discharged, or otherwise by the said covenantor or his heirs well and sufficiently saved, kept harmless and indemnified of, from and against any and every former and other gift, grant, bargain, sale, jointure, dower, use, trust, entail, will, statute, recognizance, judgment, execution, extent, rent, annuity, forfeiture, re-entry, and any and