Imágenes de páginas
PDF
EPUB

examiner of title shall certify that in his opinion the sale of the said land was openly and fairly conducted."

11. Section 65 of said Act is hereby amended by inserting in Sec. 65 the first line thereof after the word land the words "subject amended.

to or."

amended.

12. Section 70 of said Act is hereby amended by striking out Sec. 70 the words "the registrar general to register" in the twelfth and thirteenth lines, and inserting after the words "the applicant" in the thirteenth line the words "to be registered."

13. Section 80 of said Act is hereby amended by inserting sec. 80 after the word "same" in the eleventh line the words "and until amended. such resale to hold, use or lease the same" and inserting after the word "sale" in the fourteenth line the words "or

enjoyment."

14. Section 97 of said Act is hereby amended by inserting sec. 97 after the word "lands" in the first line thereof the words "subject to the provisions of this Act" and by striking out the words "leaving a will" in the first and second lines thereof.

amended.

15. Sub-section 2 of section 107 is amended by adding thereto Sec. 107 88 2 the following words:

lapsing.

"And such caveat shall be deemed to have lapsed proviso as every after the expiration of one month from the receipt thereof by to caveats the Registrar-General, unless the person by whom or on whose behalf the same was lodged, shall within that time have taken proceedings under the rules in schedule A to this Act, to establish his title to the land or his right as set out in such caveat, and shall have filed with the Registrar-General evidence of such proceedings, having been taken to his satisfaction and no caveat after having lapsed shall be renewed without leave of the court."

16. Section 125 of the said Act is hereby amended by Sec. 125 inserting after the word "paid" in the eighth line thereof amended. the words "one tenth of one per cent, in case of an original grantee but in other cases."

17. Section 139 of said Act is hereby amended by striking out Sec. 139 the words "duplicate of the grant" in the 4th and 5th lines amended. thereof, and inserting in lieu thereof the words "certificate of title and duplicate thereof."

caveats.

18. Whenever a caveat shall have been lodged with the Regis- Removal of trar-General forbidding land to be brought under the provisions of this Act, the like proceedings as are herein provided for the removal of caveats, in the case of land already under the

Exemplifications, etc., of

provisions of this Act, shall be open to the caveatee for the removal of the caveat, and for the recovery of costs and damages from the caveator, in case the caveat shall have been lo lged by the caveator wrongfully and without reasonable

cause.

[ocr errors]

19. Wherever the word "patent," or "crown patent," or "crown letters patent. grant" occurs in this Act, the same shall include a memorial, exemplification or certified copy thereof from the Department of the Interior of Canada or an official thereof, or of the government of Canada, and such memorial or certified copy purporting to be so given shall in all cases be accepted and be of the same effect as if the patent itself had been produced or deposited; and the production of such memorial, exemplification or certified copy with the great seal of Canada affixed thereto shall be conclusive evidence of its execution.

Titles of cor

20. Every certificate, or other instruinent of title issued to or porate bodies. made in favor of a corporation, aggregate or sole, shall be deemed to extend to and include the successors of such corporation.

Requisitions

for instru

registration

offices.

21. Any registrar of a registration division of the province ments in land shall when so required by a requisition from the RegistrarGeneral forward to the land titles office all or any instruments or instrument affecting any land brought under or about to be brought under the Real Property Act, 1885, which instrument or instruments when so forwarded to the land titles office shall be deposited in said office and remain there or be returned to the said registrar, so forwarding them as the RegistrarGeneral may direct, and the Registrar-General shall reimburse such registrar all disbursements made by him for postage or express in such cases.

Lands under
Act cannot be

22. After the registrar of a registration division has been notiaffected under fied that any lands have been patented since the first day of C. S. M. cap. 60. July, 1885, he shall cease to record or register any instrument certificate, (other than that under section 42 of said the Real Property Act, 1885), judgment, decree, or order of court affecting said lands.

Reg.-Gen. not to receive

23. The Registrar-General shall not, except as hereinafter deeds affecting provided, receive or register any instrument or other document affecting lands for which the patent from the crown has not been granted. This section shall only apply to such lands as require to be originally granted by patent from the crown.

unpatented lands.

Applications

by guardians,

24. The father, or if the father be dead, the mother, or other committees or guardian of any infant or the committee or guardian of any lunatic or person of unsound mind; may make such application in the manner or on behalf of such infant, lunatic or

attorneys.

person of unsound mind; and any person holding a power of attorney authorizing the sale of a freehold or other estate in any land may make the application in respect of such land in the name or on behalf of the proprietor, unless such power shall expressly prohibit his so doing.

after decease of applicant.

25. In case an applicant or the person to whom he or the per- Certificates son applying in his name or on his behalf, may have directed. certificate to be issued, shall die in the interval between the date of the application and the date on which the certificate shall be issued, the certificate shall be issued in the name of the applicant, or in the name of the person to whom it shall have been so directed to be issued, as the case may require, and the land shall devolve in like manner as if the certificate had been issued prior to the death of the applicant or of such person.

26. Should two or more instruments executed by the same pro- Preference prietor, and purporting to affect the same estate or interest be given to holder of duplicate at the same time presented to the Registrar-General for regis- certificate. tration, he shall register and endorse that instrument which shall be presented by the person producing to him the duplicate certificate or other instrument evidencing title to such estate or interest.

Registrations

of applicant.

27. In case any applicant or registered owner shall die after signing any instrument affecting such land, and before regis- after decease tration thereof, the registration of such instrument may nevertheless be proceeded with in accordance with this Act, and shall be valid notwithstanding such death.

and tenants in

28. Two or more persons registered as joint proprietors of an Joint tenants estate or interest in land shall be deemed to be entitled to the common. same as joint tenants; and in all cases where two or more per

in

sons are entitled as tenants in common to an estate of freehold any land, such persons may receive one certificate for the entirety, describing them as tenants in common, or each may receive a separate certificate for his undivided share.

advance of

29. In the case where a patent for a homestead has been Certificates in issued the Registrar-General may, upon receiving a certificate patent for prefrom the proper officer of the Department of the Interior that empted lands. all sums of money due the Dominion Government for the preemption connected with such homestead have been paid, and that the patent therefor will issue to such homesteader, grant a certificate of title for such pre-emption before the issue of the patent therefor.

30. The Registrar-General may grant a certificate of title Production of for lands without requiring the actual production of the patent, patent may be if he is satisfied by letter, telegram or other information from

dispensed with

Act in force.

the
proper officer of the Department of the Interior that the
patent for such lands has actually been issued.

31. This Act shall come into force on its being assented to.

SCHEDULE A.

(SEC. 15.)

Rules and Regulations for Procedure in the matter of Caveats.

1. The caveator may bring an action for the purpose of establishing his claim, or may for such purpose take proceedings by way of petition to the court. Such petition shall be filed with the prothonotary, and shall contain as concisely as may be a statement of the material facts on which the caveator relies. Such statement to be divided into paragraphs numbered consecutively, each paragraph containing as nearly as may be a separate and distinct allegation, and shall state specifically what estate, interest or charge the caveator claims, and the court or a judge thereof shall, upon the filing of such petition, appoint a time for hearing the same. Such hearing may take place before the court or a judge thereof, or the RegistrarGeneral, or such other person or persons as the said court or a judge may direct, and such hearing may be heard partly by one and partly by one or more persons as the nature and circumstances of the case may require, as to such court or judge may seem meet.

2. The caveator shall cause a copy of such petition to be fyled with the Registrar-General, and a copy with notice of the time appointed for hearing to be served three days at least before the time appointed for the hearing of the said petition on the caveatee, or at the address given in his application.

3. On the day of hearing, the caveatee is personally or by counsel to shew cause, and if necessary by affidavit, why the prayer of such petition should not be granted.

4. If the caveatee shall not appear on the day appointed for the hearing, the court may, upon due proof of the service of such petition, make such order in the absence of the caveatee, either for the establishment of the right of the caveator of as the nature and circumstances of the case may require, as to the court may seem

meet.

5. Upon the hearing of the petition and upon reading the affidavits, if any, fyled in support thereof, and any documents produced to the court, and hearing what may be alleged on behalf of the caveatee and caveator, the court may, if it shall think fit, dismiss the petition; or may make an order establishing the right of the caveator, or directing any enquiries to be made or other proceedings taken for the purpose of ascertaining the rights of the parties, and for that purpose may adjourn the hearing and order the petition to be served on any other person or persons the court may consider necessary, and every person so served shall attend at the adjourned hearing of the petition, and be subject to such further order as the court may cause to be made.

6. The court may, if it shall think fit, direct any question of fact brought before it to be decided before a judge thereof, or before a judge with a jury, and for that purpose may direct an issue to be tried wherein the caveator shall be plaintiff and the caveatee defendant. And the said court shall direct when and where the trial of such issue shall take place; and the court may also direct all parties to produce all deeds, books, papers and writings in their or in either of their custody or power, on oath before the registrar-general or prothonotary, or such other officer of the court as the court may direct, on a day to be named, and each party shall have liberty to inspect the same and take copies thereof at his own expense and such of them as either party shall give notice to be produced at the trial shall be produced accordingly, and the issue may be in the form following:

:

[blocks in formation]

"Whereas A. B. affirms and C. D. denies (here state the questions of fact to be tried), and it has been ordered by (the C. J. or other judge, as case may be) that the said questious shall be tried by (a judge or judge and a jury), "Therefore, let the same be tried accordingly."

And in case the parties differ upon the questions to be tried, the court may either settle the same or refer them to the master.

7. If the court shall find that the caveator is entitled to all or some of the relief claimed by him, the order of the court shall declare what is the estate, interest, lien, or claim to which the caveator is entitled and the court may make such order as the circumstances may require, and shall have power to afford the caveator the same relief as in an ordinary action.

8. Every order of the court made under these rules shall have the same effect as a judgment or order of the court given or made in any action; and the registrar-general shall make such entries in the register book and do such things as may be necessary to give effect to the order of the court.

9. If, at the hearing of such petition, it shall appear to the court that for the purpose of justice it is necessary or expedient that an action should be brought, the court may order such action to be brought accordingly, subject to such terms as to costs or otherwise as may be thought proper.

10. In all proceedings of the court, either by the caveator or caveatee, the court may make such order as to the costs of the proceedings in the court and incidental to filing the caveat as to the court shall seem fit.

11. The court, or a judge thereof, may, without prejudice to the exercise of any other power of the court upon the application of any person interested in any land, make an order restraining for a time or until the occurrence of an event to be named in such order, or generally until further order, the execution or registration of any dealing with land and may impose any terms and conditions upon making such order.

12. The court, or a judge thereof, may discharge any such order with or without costs and generally act in the premises in such manner as the justice of the case requires; and the registrar-general, without being a party to the proceedings, upon being served with any order or a copy thereof, shall obey

he same.

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]
« AnteriorContinuar »