Bill 31 (Legislature 1, Session 1)

L1 S1 10459

Alberta — Bills

Pream.hle ..

Short title Interpre':"' tatipn. "Land "Olw:h er "·. tra,nsferror:" B .I J, L (Assentc::d to ,PJJ~J~i; B uB fo ll_o·. s 1. i:'hiR Act inP.y be citefl. ~s '1 The J.and rrj_tlM1 J.ct." tene~nents, ann hered;itaments, o·oTl'loi~eal'ann j_.nco:.q,oreal, of eyer~· natn:re ann descr~~rt ion, an_Ci -every ef?tate or int~ fAst : the;~_ein, and whether such. est R).:e- or irit ere;-;t is lAgal or.e(tni·tahle, t()ee'th~::r w·'tJ-1. Hll !'R··~hs, easemr'rrts, ·mdmes,. mi!lE!rR.l~, ·and cluRrries ··a.JJ-:~;ertaining r thereto, anc1 nJl trees an(~ tLnber thereon anr1 there- exce .:_:ten.. 3. (

h) Tl1e expreHsion ."ovmer" meanB any person or bot'l~ .co;rpo:r~te enti.tled to any f:rAeholc1_ o· other estate or irite:rest in land, a.t lRv: or in e()_uit:r, iri ];)Onseusion, in :'?ntn:ri.ty or te:xpectnncJr. (c} Tru~. 8:Xfl'8flSion "tranRfer:r mnans the pe.:·Hi_ng of Hny estnt e or int n:rest in lancl nntl r this ·Ant , v hether for valrtable cansideration or otherw~se. (

d) The expression "transferror n means the person who 1 an~: intetest or estate i:p lano ist~tren:R:ferren, whd._,.., .. er for Yalne or o~h erwis e, ann th8 8:r:press ion "trannferee' means the person to whom any interest ~1r est nt e .. in .· 1a:ha is transferred whether for value or otherwise.

" " Mort gag e. " Mortgagee" "Enoumbra.nc e" Encumbra·ncer" "Lunat io~ . Person .. o:t unsound mind Instrument " lie g i s t ara t i on rr 2 (

e) The ey:press:ion "mortgage" meanSJ<~my charge on land, create a mE~ rely :for securinc a clebt or a loan·. (

f) The expresEiion "mortgagee" means the owner of •a morteae:e; and the expression "mortgagor" moa:ns the owner or transfere~! of land, or of any estate or interest in land pledged as secuo:-i ty for a debt or a loan. (

g) The expression "enm1.mbrance" means any charge on land ere a ted or effected for any pu:q1os e whatever. inclnsi v_tV of morteaee, mechanics' liens, when authorized b¥ statute or ordiiW.nce, and_ e:-:ecutions against lands, unl<ess expressly d.istinenisheil. (

h) The expres:sion "encnmbrancer" means the owner of any land or of any ~estate or interest in la:nd sub- ject to any encumbrance; ann_ thEt expression "encnmhranceo" means the owner of an incumbrance. (1} ;by any .. oompet.ent itriblm.l ,ox:~ cOII'I#::f3B~9~L - :lLnquirendo~" to be :a lunatio. rj). 'The ex']:>resB10n "person o~ unsound mincl'" means any person not an infant, who :rhc•t he-ving been found to be a lnnat ic, has l)ee n found on like inquir; to he incaiJable, from infirmity of mind, of manae;ing his own affairs. (

k) The ex1lresedon "instn1.ment" means any erant. certificate of title, conveyance, assurance, deed, zmp, plan, will, :probate or exemplification of will 11 letters of administration, or an exemplification thereof, mortgage or encumbrance, or any other document in writing of relating to or affecting the transfer ~or other dealing with l.'llltf:~ or evidencing title thereto ..

(1) TJte expression nregistAr" means the register of titles tofla :d ke1)t in accordance vvith this Act. (

m) The expression "registration 1' means, (1}, the bringing of lands under the provisions of this Act. ,)

-3- ana (2) the entering upon the certifioay., of title of "Filing" Memorandum" Certificate of titihe 11 Duplicate" "ltegintrar" "T err it or le s" ''Court 11 • "Court of Appeal". "Judee" ''TRansmission. a memoran(1um authorized by this Act, of any d.ocument; and "filing" means the entflrine; in the rla~r 'hoJ:t~ of any inst rurnent • ..• (n} The expression "memorn.ndmn" means the endor flement uron the certificate of title and on the durlicate copy thereof, of the particnlBrs of ru1.y instrmner1t pre- sented for re{Sistratton. (o} ncertificate of title" means the certificate (Form

E) gr&lted by the Registrar ann. enterN1 nnd ke:rt in the reg i st er; "duplicate" or ''d urJli cat e certificate'' means the aupl:i.cate, a eliverea or issnecl to the person entitled thereto. of the certificate: , · of' title in the rwgister. (

p) The expression "registrar" means a ree ist rro· of titles, or an~' dPputy retit~trar or inspector of titles wher1 Hcting as registrar. (

q) The exrrens ion "Territories " means the North West Territories, the district of Keewatin and all other terri tortes of Canada. (

r) The express ion "court" m~=>ans an2 court author- ized to adjudicate in the Province in civil matters in wh1ch the title to real estate is in question. (

s) The e.xprem~ion "Court of Appeal" means the Court of Appeal herein constitutea. (

t) The expression "Jnr'lge" means an official anthor- i?.ed in the Province, to adjudicate tn civil J.TIB~tters in vvh:lch the title to real estat~e is in question. (

u) The exl1ression "t:re.:asmission" aY.Jplies to clwnee of ownership consequent upon death, lunacy, sale under execution, orde:tyof court, or other act of 1Pw1f sale for arrears of taxes or upon anu settle1:1ent or any legal succession in case of intestacy.

"Grant" "Endorsed'' "En cl or s e t!lf' rrt 11 II Po {3 s e s s i 0 n rr "Affidavit" Land he[:istration Districts :North AlbP-rta South Albert a l)rov isi on for f¥rther registra t l on c1 ist ri ct s . Construction etc orf rer: istra ti on o ffi e~;s. (

v) j The e:.v:pression "grant" mea•1s an~r grant of Crown lnna, wl1ether in fP.e or for years, anc1 whether nirect from H:i.s :·TE"tj esty or pursunnt to the IJrovis ions of w~r statute. (

w) The expressions ''encl:>rsed", and "enil.oreement" apply to anythine written upon an~; instrument or upon any paper attached thereto "l)y the reg:istrar. (

x) The expreBsion "possession" when apr)lied to persons cl:dmlng title to land. means a1so alternatively the reception of the rents and profits thereof. (

y) The exrression "affidavit n incl11CI es an affirm- ation when made b;y a person entj_tled to aff'inn. 3.

For the pury1oses of this Act there shall !:e in the province two land reeist :rntion districts, respective ly known and describetl. as follows:- (1) "North Alhertn Land Hegistra tion District',' being co 1npos ed of all that portion of the Province of All)erta which lies to the north of the ninth (9th) correction line;, nsouth Albert a Land Regist :re. t ion District II betin~ COi:liJOS en of all that portj on of the :Orovtnce of Alberta which lies to the so11th of "'-he n · th ('..,th) u J.n :1, correction line. 4.

The Lieutenant Governor in Counc11 mn:1, from t :lme to t · b 1 t"' t lme ~' proc ama ... on, as lw settlo,ment of the co11ntr~i anc\ the exigenrdes of the pnblic Beryice reqnire, constitute an~r othAr portion o+' the province a land rae· istration district, and declare b~r wlmt lo: al na:1e the sa,ne shall be known ancl !lesignat ed, <9.nc1 may also change the boundaries of existing districts. 5. The 1Jient enant GovP.rn or .in Council ma~' provi n.e in each registrat:Lon district a~ the public expense, I' and aRy thereafter mai.ntain in a nron"'r "'t"te o·f · , ... •• .1. I;> • ,, ) u J .• rer HJ. r,

Land Titles offices. Inspect or of land titles offices. Registrars an(1 their a s r : i . tan t s • a buildins of stone or brick, or partly of brick t +' t to serve aH the office of the an~ par ly oJ. s one 9 registrar, anr1 aR the place of deposit anft preservation of :r:: .. :::gisters, and other record hooks, certificates, instruments ano cloct:•.ments connectPc1. vdththe ree;j_strR tion of titles ; an(\ 1nn.~; fit np the said office with ' .ol·re proof s"'-fes and other secure nltlces as are s nc n .L - . .. c .... , _ necessary. 6.

In each re,c_ristration district at such place L.> as the J~ient ermnt Governor in Counc_i_l deterrnj_nes there shall be an ofJ'ice to be called "the 1Hnc1. titlea office". 7.

The Lim:tt Anan t Govern or in Con.nc il oo.y from t::hme to ti1ne, B}!point an inS})ector P'f lanc1. titles offi.c~;s whose <'lnties shalJ. be, unaer i.nfltrnct:ions from the Attorney GenAral, to inspact the books an~ records of the several lan<'l titles ·o ~flees, aml to pe:d'or1n he snch other dnt i eB as "may he cU rect ed b~7 the Attorney General to J:lerform; a:rtc1 t1~e saj_fl. inspector ma;y, j_n the f1 iscretion of the Attorney General, be Cl irecten to perform an~~ cl.11ty whi.ch an~r ··e ·: ifltrar is emy;ov;ert>cl by thicJ ;'<ct to perform; bnt no persons shall be appointed inspr ctor of lan0. tttles offices unless he iR when appointAd a bar~ister, solicitor or advocate of at leatt th:·ee years ste-nning of on~ of the provinc(-'S of Cal18<'1a. 8.

The business of' each 1 '.nil titles o t'fic e shall be con<'luct erl. b~; an n "·"icer to be cHllec1 11 the rer:: ifl tn' r" ap:pointecl by th0 lieutenant Governor in Conncil, with such m:;sistc:;nts ana clerks as a:re necnssar:' anr:. as the Lieut emmt Governor in Connci l f:co J!l t 5.:ne to t · '"'- l!DB appoints.

Their appointment -6- ( 2) Every reeistrar now act :Lne in the Provine e una ~r the provii3ions of the Act of the Parliament of Canada known as the J,anfl. 'fitles Act,l894, or hereafter to be appointed shall hold office durinG pleasure; but hereafter no pel:·::-; on shall be appointed ree:i.strar unless he is a barrister, solicitor or advocate of t;:'~p:alification i th years' stand in~ of one of the provinces at leas i ree _ u Deputy R"egi strars. Duties. c;'ualificat ion.

These func tionaries at tached to Attorney General's Department • Salaries etc of Canada. 9. ·.~lhrmever oecasion req11ires the Lieutenant Governor in Council may, ·rom time to time, appoint a Cleputy registrar to assist a registrar unner instructions from the latter; a.nd such deputy registrar may perform in the event of the illness or absence from ofPice of the recistrar all the duti~"S required b~T this Act to be (!.one by the reeistrar; ana in case of the death, resicnat ion or removal from o f.fice of the reeistrar, the deputy r~istr'ar shall do and p(1rfor1n all the duties of a registrar under this Act until another registrar is appointed. 2.

No person shall he appo:i.ntec'l a deputy reeistrar unle:s he is a barrister, solicitor or advocat,e of one of the provinces of CanHda. 10. The inspector of lancl titles offices, the reP"istr-c.. ars, deputy registrars, and other necessar~r offi.cers shall be attachert to the Attorney GAnArA.l'B Dep artrnEmt,and be nncl.er the control of the Attorney GenAral and their salaries, ancJ such incidental expenses of carryine on this Act as a-re sanctioneCl. by th:i.s Act or b~r the Lieute:ncmt Governor in Council shall be paicl out ~f moneys pi·ovi(1ecl by the JJegislative Assembly for that purlJOS e.

Oath of Offi 'ce. Security to be furnished. -7- 11. The inspect or of land titles office an cl every registrar ana. deputy registrar, bef;re he enters upon the execution o fi s o f:l'i ce shall take , be f11re so roe judge or stiiJendiary maeistrate in the Province, the oath of office in the fonn TTA 111 dm the

schedule to this Act. 12.

Before the ins:pector of land titles of:~j_oes, or any registre,r or deputy reg;istrar i.s svorn into o:f!:'ice he shall furnh~h t.o His ?·;1aj esty securitr in a, penRl sum of not less than one thousand clollars for the tree and faith- ful performance by the said ins:pector of lano t:Lt les offices reeistrar or de_ruty registrar, of his duty in respect of all things directed to be done by or required of the saiR inspector of land titles offices, re5istrar, or deputy reGistrar, resrect ivel~r ,. by this Act or any law in· ~hat behalf; ancl the said_ security shall, in the discretion of the Attorney General,. be either a jolimt and severa1 bond of the inspector of land titles offices, re5istrar or deputy ret:istrar, as the case may be, and of two sureties, or a euarantee bonrc of a gmuant ee comr;any duly approved by the lie·1t enant Governor in Council. ( 2) Such honcl or guarante n shall be in durlice.t e Bond to be anCJ_ shall he subject to the a1)proval of the Ijieutennnt in clu})licate.

Form of bond. Oath of sure tie So Governor in Council. 13.. vYhen the security to be so furnished ilf1 the jpint and several bonc1 of the inspector of le,ncl. titles ofrices, recistrar or dcput~; ree;istrar, as the case I!k'1:r be, and two su1,etie s, t:te same shall be e:7.ecuted uncler t!1e hands and seals of the obligors in the form !'B" in the

schedule to this Act, ann the sureties shall just if'Jr under OHth in the form ncn in the said scheCiule; ancl the execution of the said bond shall be duly verified by the affidavit of a subscrib~.r~g witness in the form "D11 in the said sched11le ; and v.·it; the affidavits aprenclecl, shall then

-8- De1~osit of be forthwith transmitte<i to the rrovincj)O_ Sec:· etgry bond. Further ;;ecurity ymy he required. Seal of Office. to he filed in his office. 14. The in~.pector of lanrl titles offices, aml ary res i strar or d.eputy :r·E€ istrar shall, when rec1nir eCl, by the Attorney General, frun ish suc-.h further or other security as is deemecl expedient. 15.

Each ree::'ist:rar shall have a seal of office, ppproved. b~r thFJ Lient enant Governor in Council , Vlit.J: wh; ch he shall seal all certificates of title, ancl h8 Rhall stamp All inst~u~ents which are presented to him for registration, showing the day, hour and minute of rece"tving the same. lS.

The inspector of land titles of fj_ces, or any Adrni.ni s- ree;is trar or deputy y·e,::istra.r with in the district to tration of oaths resp- which he is appoj_nted may ad.minister anJr oath or take ecting titles to land. any af :-irn:e tion or a eclaration in lieu of an oath respect- C o p,i-9 s and abstracts of instru ments. Officers and cl!:~rks not to be agents ing titles to lana, from an~r one entitled by lE.vJ to affirm or declare. 17.

EveT:J/ reg istra.r shall, when reQuired, rum ish under seal exempliflcations, copieB and abstracts mf ~<ny instruments affecting lancl_s which .are Cleposited, filed or registered in his off:ic e, a.no, eve:cy· such exemplif'i cation or certifiec1 oopy shall be received as evit1ence in the same manner ann with the same ef~ect as i:t' the oriejnal was pro0,uced. 18.

Neither the :i.nSl)ector of lanc1 titles offiees, nor anJT rer_:-istrar, cleputy :ceeictnu or clerk in run? land titles off'ice shall, c~lireutly or ind.irectly act HS the agent of any person investing mor ey ann taking seeur it ies on 1 and w i th in an :v reg i s t t · c1 • t · t .. • ra,lon ls rlc), nor shall N the inspector of le,nc1 titles offices, nor a.ny re~:lstrar. or carry t, on any de·nnty rerriatrar o:r~ cl ~- d · f other business .J..' c.... • er-r;_ a Vlse, or a:ny fee or relj'ard at ~heir or otherwise upon titles off1ce. ' - to land, nor practise as a conveyancer, nor shall he carry on or transact within the land. t "'t 1 "' ~f' · ~ · . eo o.~.__lce, an,;r busmess or occupat-ion ....

WhHtever,

Office days and hours. Keeping of ,, clay- book. 11 Reeistration -9 other than his cluties as such inspector, ree;iBtn:tr, deputy registrar or clerk. 19. Every land titles ofPice shall he keJ)t open ]] cl ( except Sundays and J.esal holidays) bet\·veE'!l"l on a... ays _ the honTs of ten o'clock in the fa rer1oon e.ncl four o 1 clock in the afternoon, exeppt on Saturdays 'Nhen the said offices shall be cloBeci at oneJf;clocl: in the aftnrnoon, th t , · t or l1;s oe.·_,·mt~y r'1urine whtch times, ei er .~1e reg1s rar .... registrar shall be in attendance. 20.

The registrar shall k,·!el:l a book or books which ' 11' 1 11 '" tl "dav boo'K " and 1' n which shall 1)e r-:na )8 ca .e.· 1e .. -. , , .. entered \by a short clescript ion. ever~7 instrument relat ine to lanc1s for wh:i.ch a certificate of title has issued or been am>liecl for which is given in for registration, w:ith the day hour. and IYlinut e of its so be ine c i ven :i.n; and. for purposes tfif priority between mortgagees, transferees and others, the time so entered shall 11e taken as the time of registra tion; and the registrar, in entering memornnaa upon the certificate of title embodied in there ister and in end.or stng a memorandum UilOn the duplicate shall t'ike the time fro!~ the dayr-book as t7 e time of J"eeistration.

C:

Z) Unle.sw required so to clo b~ order :~fa court only on · or a jut'lge. the reg :L st rar shall not receive or enter in procl u ct ion of a cert i~- the da~r- book an~1 il}-.---Btrnment , until the dn1)li c~t r· icat e Jf t1t le.

Exceptions. certificate of t i tlet for the land.s affected is :rroclnc ed to hi1n so as to en~le him to enter the proper me1norano.1l111 on such du ''licate oertificate, except executions aGainst lanos, cmreats, mechanics' liens, transfers h~r a sheriff or municipal ot'ficer, or b~r orcl.cr of a Court or a Judee, tranGfers on sales of lands for t;axes, mars or plans vvhich clo not reqnirA to be r8€'i:stere<l, or certi;gG i cates or orders· ... of a court o:r a. judge. and exeept a mortgage or other incn.P1l)ra.nce created b11 .. any 11e:rson

-10- ··ht¥ullv in nossession of land prior to the person, r1b - • ~ issue of the e;ra.nt fro1~ the CroVTn, or prior to the i f t fer fro·n the Hudson's Ba:r 6ompan;;r, s sue o - rans . . 1 or frOL!l an:r co1Ullany enti t1e<l to a e;rant of 8UCh lana s from the Crown or to wh1ch letters patent from the ·crown for such mo:rtgaged lands bave already issuec1, if Kee}Jing of 11 regiE;ter". '1\ihen reg i strati on shall be deemed to be effected. there is prod.uced to and left with the reeistrn.r, with the mortgage an affidavit m;lde b:' the mort3ae;or, :i.n the forrn AJ.. in the

schedule to thls Act, and e.lso, in the case of lands, mortgaged prior to the it\SUe of' transfer from the Ru0 san's Bay Company, or other company as aforesaid, a ce·rtificatE~ from the JE.no com:n icJsioner or other proper o.f ricer, o:f such com· an~r. that the purchase price of :such mortgagec1 lams has hf'en paid, and that the a:prlicant is entitled. to a transfer in fAe simple therefor frotn such com11any .• \ 21.

The registrar shall also kee1} a hook or "books , whtch shall 1Je called ''the ree;ister"Pana. shall enter therein all certificates of title; and each c erti f'icate of title/which shall he in the for·:1 "E"/shall constitute a separnte :folio of such book, and the registrar sha.ll record therein the particulars lf a.l1 imstrnment s . , dealings ancl other matters by this Act required to be registered or entered in the ree;ister and affect1ng the land inc luo. ed in eac!1 certi fie ate of title. 22.

Ev;1ry grant shall be deemed ancl taken to he ret::istered under the provisions and for the pur1'o'!ttes of •[' tJui:s Act s -. soon as the same ha.s been .·JC1.rked b~r the registrar with the folio ancl volume on and in whi<' .. h it ,, . is e1nboclied in the ree-ister, ana evHry other instrrunent shall be deemer1 to be registerec1 as soon as a memorandum of it has been entererl in the reeister upon the folio constituted by the existing grant or certificate of title of such land.

Priority of rr~j;,. is-

L) tered in- struments. -11- f'J'7 Instruments rep:istered in re~:rect of or affect-~-- .J. - j11o· the same lanc1 shall 1)e (~ntHled to priority the one ... (.) ov~"r the other acco rdi nc to the time of ree ist rat ion and not accorc1in£~ to the date of execution; and the registrar, upon registration thereof, shall retain the same in his 0°fice, and so soon as recistered, e~ery instrument shall become operative accorcline; to tlw tenor Ope rat ion of and intent thereof, ancl shall thereupon create, t ransfo r, resist ered instrur,1ent s. murender, charee Glr d.ischaree , as the case may lle, Deta:ils to be stated in memoran dum.

Memor and mn to be mw:Je on rluplicate also TieE·istra tion o::' erants made biT letter; patent. Certificate of title. the land or the estate or interest therein mentioned in the instrument. 24. Ever,y memorandum entered in the :reeist er shall state the natm~e of the instruiOent to which such memoran- dum relates, the day, the hour and the minnte of itB registre.tion, and the names of the parties thereto 1, and Bhall refer by number or symbol to such instrument, ancl_ Bhall be signed bythe reg is trar • 25.

Yvhenever a memorandum has hr'en entered lim the ree;ister the registrar shall rmke a lj_ke memonmrlum upon the duplicate when the same is presented to him for the pur1)0s e, and the ree i f3t er shall sien anCl seal such memor~mdmn, which shall be received in .1111 courts of law as conclusive evidence of its contents and that the in- strnment of which it is a memorandum has been duly regi;:;torecl un.:'Jer the provisions of this Actt 26.

Whenever any .land is grant Ad in the Pr i .ov nee b-y the Crown, the 1 tt t t th II. e ers pa en erefor,.....\!h9R iom:'lt'.d, ' ~h~ll be- forwarded trom tre office whence the same are issued to the registrar of the registration clistrict in vrhich the 1and. so granted is situated, an~ the registrar shall retain the letters patent in his office; and a c·:rti:fice,te of title, as provided b~1 tlJis Act, ·with any necessary qualification, Ghall be granted. to the patentee.

What fees and " ' ·'~~- charges rna~ be demanded on delivery of certificate. 1 ··) Where a person has <hbtained a patent under a a homestead or under a h~estead and pre-emption entr,y .t or under half-breecl land/sorip or military ~ounty land scrip in a ooo rdance with the Aot of Parltlament of Canada known as T~e Dominion Lands Aat. and amend ments theretoJa duplicate of such certificate of title shall be issued to such :party. free of all fees .A.TII't~r charges 07 .thi a Act provided .to be paid and ·in· tlie'f'.f'~~ case of other patentees such:duplicate cer-tificate of _,title shall ~e issued upon ·the :payment of :such·--:rees-· as -are _ti~e.d or .11ay trom time to time be fixed by .the Lieutenant .Gov em or r :i,n Council -

(3) The notification to the.

Hu.clson's Bay Hudson's Bay Company by the Minister of- the Interior under the Company lands. provisions of The Dominion Lands Act of the survey and confirmation of the s.urvey of s:ny to\•,nship or part Offici~l of a tovmship shall be acc~ted by a registrar as equ~val~ noti fiva,t .iol). to the · ent to, and dealt with by him in all respects in the company equivalent to same manner as if the said notification were _letters letters ps.tent. patent to and .in :favour of the said company granting _., t'o the said company , in fee simple, the sections or portions of sections, to which they are entitled in such townships or parts of townships under the provisions of.The :a»ominion Lands Act • ~- ..f-4-;+ Sugll. a:tetifiea:tiene, ezeq:,-., any no'ti.i:f.t~ which issued prior to the twenty second day o ~, one thousand eight hundred and eighty eie may registrar of the affected thereby is sit- be resist ered by the district within the in duplioa te, one to be1 sent to to the. r~gistrsr of the I< - ,. ,, J.

A notification to the reg1st-~~ from the. Minister of the Intertor that the land described therein has heen granted to the Canadian Pacific Railwey Com].'Jany, or to any other railway company entitled to Dominion lands under the authority of

an Act o.f Parliament, shall be

Offioil. I not\ific '. ·ions to:~ce~a rS::!lwa.y, , com- pan!~ to be de8::1t with as if letters :}patent. · Registration of estate for life or f'or more than three years. -13- v1i th by him in all respects as if' ·the s·ame were let ters-e·~ J . ~: .... ,, o:e such company.

I£ he netifiEHl:'., ion Bhall m:ine~,mine;ralii. easarae:R:ts, e:P ;p:i:gJ:i1;e wf:lieh &Ni excepted. from t'~ gP~~ f· him, or to the per:son from whom he claims a title, for _a l:i,fe,' or for lives, or :for a term lftf more tha n three years, in any l~d for which the grarit frorn the Crown has been registered, may apply to have his tit llf~:xegist• ' ----- ke , • . ,_. . -..._; ' '. ::, ~ ~::' .... _,.;; ered, and to hav~~. a cert·~:ficate of title issued ta.t41J;im, therefor under' the provisions of this Act. A._ Notification. i;g, fQm.

J!::B iB t:Ae seh:ea11la te ttl: is Notf;f',8~~on .t-4t er te Et like ~-:f~eet ..a-eceived by the Reeistrar from b-y the • G~. ern- · ment of t' ;. ·· :, the Minister of~>-J?ublic Wori;~. of the abandonrrJ.el'lt by the Provinc 1 e tdJ -.. ~ · · ·,;)i~c1 ,·.~ .Ji~.Y;·~Jalli~lenti'1is Crown of any road,s or.':road:,~f:l.llowauces or trails which__,__ ~o~lett·.l»:!s""··:; .. · · .,. · '· ·· ·- · · ' ~&~·· . ·· -2_no.ti~.o~ ~~:~~y--_·he,~~~:o·e~·in, Tne urown: ih :th11 Registration of title to land· already granted.

J;igbt·ofthe Province,-Si'ral'I;:;'.iii:i:ve the 1same effect~~ p~tent h~sued by the. cro-wn to the p~rson in such:;· notification mentioned as transferee ~nd shall be so treated .by t'11~ :registrar. '• li --- . &JJd sbalJ i;:fHH~if';.r aa.y miBee, minerals, e aeema.lii e OI ~ghts whigh. are exceptea :f!'em the gnt:aiia 27.

The mwher of any estate or interest in any land /'l whether legal or equiaab'l,e, lotte rs patent for va:l.ich issued from the Crown before the first day of January • one thousand eight h1mdred and eight-seven, or which otherwise had prior to that date passed from the Crown, -J may apply to have his title registered under t he provisions o:f this Act • .

(2) If at ~he i;ime,;;Qf the grant of the .certificate ,,J, of tit 1 e, there are no ,ree;istered encumbrances or convey-

Registration of t1 tle Fees. Application for registra tion form, Documents to be produced. Cases in which document c~ neecl not he produced. Proviso; Hudson's J3av Company lands. -14- anc es affecting such lnnd, the cert i:fic Rte ma:r be granted to the patemtee upon rayment o:f :mch fees as are fixAd in that behalf by tariff ID8.d.e from ti1'18 ~ '·, to time b~T the J~ieutenHnt Governor in Courtcil, hut no fees shall be payable therefor 1mdeT the prov:Lsiono ~~ of sect ion one hnndred and f3 ft ~~l=l of this Act. ~ 28.

The application therefor shall he iiDde in writ J·rlcr 1"n the For.n "F" in the scJ1eC\.nle to th1s Act, . 0 to the registrar of the Tegistratim r'istrict ;_n which jlhe land is 8ituated; Rhall be verified bzr the affidavit, in i;}1 e form "G" in the

schedule to this Act, of Lhe applicRnt, o·r. so,r;e one on his hehalfl. and shall he accompanied by,- (

a) All deeds j_n po ~mess ton of the applie ant, if ~~"ny (

b) A certificate showing all registretions affect int; the title, dovm to th~ t irne \7hen nnch application is filed, witb copies of any reg:lsterea documents the ori1_;i.nal whoreof he is nna'hle to pro- nuce; (

c) A certificate from the sheriff shov,rine; that there is no e:'.ecut:lon in his hHIHls against th9 a_i,:plicant' s land.s :; ( 2) But in no case shall :L t he necessa!J' for any allplicant to })roduce copies of im~r documents und~r the foregoing _provisions of this s.ection if the ori~j nR1s c _f' such C1 ocu!nent s are o ·· record at the tmne v1hen the application is rmd.e. lin the :::>fPice of the ree-jstre.r to v'ih 01n the apr licati on is rmcle ,· T\rovided tJ 1at .;t J.' ... shall not be necessary for the Hudson's Bay Cor:ll;My, in the case of 1my lands t:r e t i. tle to which has pa:3sed to that Company hefore the first Bay of Janue.r~r one thonsancl eizht h ·,cl.reil. anr1 eier.t~r seven, either h~; notif:lcation made unrler the proyisions of ~~nhclmtse seven o.f clA.n se tv.'ent~- two of fhe Dominion J~ancl 8 Act,

Delivery of certificate of title when applicant is the original grantee. Discharge of mort· age or encumbrance. Form of receipt. -15-· or by letters patent issued thereunder prior to that date to produce to the registrar any of the certificates ment-Loned in this section, if the a1)plication in accompanied by an affidavi t 1, to be made by <my officer of the Company npprov ec1 hy the Attorney Genc-·ral, in the Por1a "H" in the

schedule to this .Act. 29.

Upon the filing of such application, if the applicant is the original r,rn.nt ee of the Crovm of the land, and. no deed, trans fer, mo rtgaee or other encnrn- brance or im~trument or ca.veat affecting the tj_tle ~h- ereto appears to have been recorded; or if not the original grantee, all the original title needs are pro- duced, and no person other than the a:pyllicnnt is in actual possession of the lanfi, and no caveat has h een registered, the registrar, if he entertains no doubt as to thE~ title of ·he applicant, shall grant a certificate of title as hereinafter provided. 2. \ If there is any mortgage or encumbrf!.nce against the lsnii at the date of t:He saj ii application, the filing wmth the rec:is trar of the original mort- gB-ge or the instrnnent creat ng hhe encwnbrance, or a copy of rmch morl,,);age or instrnment ~ having endorsed thereon or att,·,ched thereto a receipt for the payment of the P.J!lount thereby secured signed b~r the mort8'8eee or enmJmbrancee • attested by an affidavit of the ,- witness, shall operate es a disc11B.ree of t}:e security created by such morteaee or encumbrance. 3.

Such receipt may b1:! in form "In in the

schedule to t.· is kct ·• 4. aclrni tt ed If any person other than the ayrr,licant is or appears to be interasted in the 1 and, then •p h . L snc ~nterest is bv vj rtue of a mo t • · · ·· r eaee, encum-

-16- cmc~mnbrance lease , or chare;e created by c' n:r other inrd;l1Unent nnc1 t}-1(~ Jnst:nnnent is at thA time of the Con cU. t ions requisite applioation of recorc1 in the J"'rj_ce of t}~e.recistrHr ror clelivery of certificate to who!n the arJplication is YIB.cl.e. or, if not of oftitle, if any other record, the instrument is produc en to thn rer:if1trar, person th1:1n the applicant is and if the applicant desires to have his title interested. ~.·.·hen the interested part~' con sents.

Other canes to he referred to ~'uc1ge. ree;istere(1, subject to the interest of such other person, the registrar, if he ent0 rt2ins no <'l01~1l!t as to the extent anc, nature of ~nch interest, or of the title of the ap11licant/may reeister the title and grant a certificate of title ancl issue a dupli.cat e Bertificate of title subject to such interest. 5.

In any case v:hel'e the person who is cH~I:'littec: or <-'lf!y;ears to 1)e interested in la11cl is a conP o:r t:i.ne Jlart:, to nn apr1licatioy1, tlw regiBtrar may, if he nntertujnB no c1oubt as trJ the title of the arplicR:nt~ gnmt a certificate of title, subject to th, t;ermsof the consent, IJTOVidorl that the consent shall 'he :in wr5_ ting f>ienec1 h~r the conf:;ent ine part~.r in prE! Sene e of a v,~j_tness, H!1!1 ai tested in the mRnFer providAd for by this Act. ::o.

In all cases other th"n thoCJe prmrj r1EHl for in the ls st Jlre cecling s 8et ion, the reei &<t rar shaJ.i_ forth ·,vith, havinz eiven the applicant a certificate of the filin5 Of his Rpplicat ion, tn-J.nRmj_t the Rf'T lication, with all evidAnce :3tlpplie:J, to the juclge to be n~':nlt ~- j_tb as hereinafter mentioned. z,l.

The judge shall examine, v· i thont cl_ e lay, all titles which are submitted to htm, and for such pnrp-Judge to oxam.ine a.oc vments :m(l hear ose shall Hhen necessary, hear all persons int8rested, the pg.rt ie s • or claiming t,J he tnterestec1, ancl shall hear and consider the claims as ae~'lin st the a~)p li cant, of cmy person who is in possession of the land; ancl hP RhaJ.l have and exercise all the powers for comi)elline the

Juclges powers. Filing of adverse cl~dms. Their examination. Jucl.ge may direct publica tion of notice of application. Del~:l y. ·:egi st ration to be ordered if tj_ tle suff icient.

DUl!l i cat e to -1'7- the att enclance of persons and the y.roclnct ion of doc 11118 n.J; 8 , ~;vhich usunlly aJliJertain to courts o1' ci vi 1 justice and the judges thereof in civil actions brone1~ therein. 32 • Jrn~T person bavine; an adverse Claim or a ClaiiiL not recognized in the application for ree;istra tion may, at any time befo:ce the jnne;e hRs approved o!: thfl applicant's title, file., with the registrHY a short statement of his cl&tm, verifie(l b~· affidavit, and shall serve a copy thereof on the BIJplicant, o~ his advocate or hi B aeent. 33.

If l:U1Y ac'tverse claim is filed, the jnc\se ~1hall pro ceecl to exaznin e i.nto ann anjud icate the:rP.on, l:mcl no certificate of title shall be grRnted until such adverse claim has hPen disposed of. 34.

In an~T case be:l:ore hi11 ,, the ju0ge mR,' dir~ct thnt notice 0 f the aJ?plic at ion be puhli shed in SOP!e nevrspaper or nev.rppape::·s in such form ancl. for S1lC1~ y:eriod as the juoge thinks expe~ient. and no order fo~ regis- t:rati:·n shall be granted. by him until after the 1expi:r:- at ion of at least four weeks from the fb·st publ :ioat ion of the notice, if he has directEd the same to be pub1ish8d. 35.

The Juo.[':e, if satj_sfied with the applicant's ,... ti t.le, shall thereupon make B.Il order directing the reei st ;·ar, after the eY:pirat ion of four weeks from the date thereof, unlesf; in the meantime the orcl.er is arpealed. from, to register the same. 36. be delivered to OW11Ar. Lfter recist:t'8.tion of 1:1. title, the re&istre.r upon ap licat ion by the owner or his duly authorizecl agent shall make out, sign, off'iciA.lly seal a.nd. deliver to him a dur,licate of the cert iJ'icate of title in the recister on v;h1cn sh[lll he entered all ffiflH10l'fJ~Hla

Certificate of everv sub sequ~nt tran/l- fer. o·v;ncr or mnrtc;agee to give post ooPice aodross to registre r. I?ecei}t to be p;i ven by owner. Proriso.

How entry -18- mernornnda en8orsed on or to th-e certificate of title· Upon even' tram~fer of lwrl mentionoc1 in a 37. ol certifj_cate of' tj_tle, the certificate of tttJ.e to hfl grnnted shnll 'he grant ea. by the ree;istrar ar1<'1 a nu ~lie- ate shalJ. be issuer. tot he transferee :m apYJlicntion. ,.. () " owner or morta-ao·ee of tm~r ln.nr Por wh1ch ,)o. ..ver;y u u a certi rtcate of title has b· en grc~ntecl ~~hn 1 J oeJ i"er t t} e NJ."'tro,. a memorundnm in \\r·tinr, of Eome IJO::Jt , o , 1e r G ... , ~ .... o''ice a.N~ress within the Provine_;' to whieh it ~~hall 1Je suf'ricient to mail all nJtices thn.t 1mcler this Act are :rec1t1 ir eel to be nen t to .:m owne1· or morte;asee; and every mmer or mortLagee m'llrall from time to tjme in like manner, notify the rep;i r;trar of any chRn gA j_n his t h c; H'.{ hrt rc r m> ~ o c1 o , be c• or e the c1 eli v e ry o f any dul;licate r;ign, a receiyJt therefor in his ovm hn.nrlwritine; Or' Otherwise furnish the rec;i~>tra.r •t;itl' hir: Bi,e;na- ture. so ~lS to IJrevent Jlersom•tion as far tiS fOHsi hle; Provic1ecl, th~t the regif>t rar liH1;y proceAc1 without snvh 39.

Eve1~:' certificate o:~ title shRll be 1~n.ae on a of or,nership the eertifi cat e of title of t :r.e trnns- fe ror anC' the d ur.l i cat e thEreof ~,hA-ll be etm ~elled, anr thA certif'i~nte of title of' the trAnsferee shHll of certificates are to 'l>R mac1 e in the re .c::·i E.t or. thereUllOn ne entered upon a new folio in tJ:A TP.[ister: anCl the resistrar shfl.ll note upon the foli/ of the title of the tran:-oferror the number of the folio of the transfHree's title, and upon that of the trRnsferee the D1Hilh("r of the folio of the t r1~n '' ferror, so 1hat 1·efHren0e ~[-nJ he readily lWd·~ from one to the other as occasion rn<J.nires.

Covenants irnpli c1 in instrruncmt s relat in::,- to and. Unregistered instruments in effectual tre.ns fers. JUfeo t of registration. Land affected only be obltg at ions not Lfied on certificate. -19- 40• In eiT Ali,' instrument transferrine, fHJCrtl£'11'lerinz, f 1 · l certificate of' Li tJ.P. or chate;:Lng any l.and _or wnc.1 a h 11 be irT')1ie 0 the fo llovving hRB heon zrAnted, there S a - COVfc)Ylffi'\t ]..

" •) t 0 say : That the transferTor or encumbrancer wilJ. do t cb instruments a8, :in .'tccorc1Rnc s1wh Etcts ancl.. execu e su - P th' 1 ot a.,.e necossRrY to with the provisions a~ J lS ~ , ·- - eive effeet to all covenants, conrl it ions anc~ nnr •)OS P.S ~ ... exrressl?

Bet f'orth in such instrumr:mt, or b~7 this Act dAclareo. to 'he impJ.i gel ae11 inst snch IH"JTP.on in j_nstrnmrmtR of 11 like neture. 41. l..fter a certificate of title has 1JP.ffil r;rantod for Rl1~r land, no instrnment , untiJ. ret~ii;terec1 nno er thiB Act. sha1J. 'be effectual to JXL-n-; an~r estate or interest in any land ( e-cept a leasehold intere~ for three years or for a lef3s period), or rfmr1er such land liable as security for t:r..e pR~nnent of money; 1mt upon the ret:;istmtion of an~r instrument i!l. 1llAnner here Lnhefore prencribed, the estate or interest speo:i.fied therein shnll pRss. or, RS the cn.se may be, the 1nnd sha:n b~come liahle n.s s ecm·j ty in lfi[U1118r and su1)jr;ct to the covenants, conditions and cant Lnsencies set forth l'nl(l speci.fieil. in snch j_n- st rument, or b:_r this Act il.e el·1 reel. to be imr1li ed j_n instrnments of a like :l).aitme. 42,.

The owner or: lano for whic~ a certi:f'1cAte of title has been e;rant•;ct, shall holr'l the Rame snl1joci; I (in a.clcHtion to t11e {ncidents imrlied by v.i.rtne of this Act) to rm.cl~ encnJmbranc n~:>, 11 ens, esb1t es or interest8, a~: are noti fier1 on thr:; folio o.f the regi:Jter ·:ihich constitu.tP.s the certificatA o.f' title, al)solutely free f:r·om all otber encui;JbrancAsr

--20- liens 8 ~ 3 tates or int. reB~;s what BO ever, excAl't in cHse Exceptions • of f:rar~ v1 he:re~.n he has participatell or colludr:Cl., and ' except tbe estn te or i_nterest of an owner cla:Uni.nr t}w 8 a,ne lana un<'l.er a pri. or cert i:f'icRt e of t i t1e gnmted 11'nn.er the rrovisi ons of' this Ant • (2) .ucl1 priortt~~ shn·L~, in fH.vour of an~r J:lSYf'On in poBsession of lanr,, be COlill'uted with reference to the grc1.nt or en.r1iest certificate of title un<lo.r wh~_ch Computation of prio.ri ty • he or RIQT person through whom he n.eri ves title, hnB he J Cl.

Imr lied co'nd it j_ o:n s . 1\eservat ions I,Iunicipal taxes,·· e~tc ?ublic easera~;nts. Le~wes uncler tln·ee yAars. such possession. 4::J. The lAnfi menttoned j_n Rn~ certificate of title grtmt eel. unCi f;r t}l is Act, sh~:t11 by i111y:licat ion , ann without an:r special mention therein,, unless ti:e (a} Any su11s isting reservations or excerlt ions co nt- ained in the original grant of the le.nfl from the Crown : (

b) All 1mr1aid taxes; l c) }\n~r ymhlic highwa~l or right of way or other pu~lic easement, howsoever createa upon, ovwr or in 1·es}Ject of the land.; (c"

t) An~' s11hsisting lease or RgreAment for a 1eP.Re for a periocl not exceenine; three years, y;here therA is actual occ1, pat ion of the land. under the c;Rme; (

e) Any clecrees, ord.ers or executions ae;a.inst or Hep;istered affpcting the interest of the owner n the lann , rihi.ch d ecre<'S etc e Idght ofex propriation .. have been recistAred anc'l mainta:i.nea in force c'f85_nst. the owner; (

f) An~ 7 right of 0Propriation which rn~r, by statute or ordinance. he veot ed in an h c1 . '"" . . ~' }!erson , , o .y cor1•ornte. or His Ma j e st y • (gd An~r ri~ht of. wa~r ?T ,.oth~r elglerp_rmt grRntod or ac<Inired uno er tlle~provisi on~hcw tt,Aet ef tl:t 8 "'

Certificate to be con clusive ev.., mdence of title. Exc e 1 t ions. Irri~ ti9R Ae'll -21-- " •'.fj • '":very Ct:rtifj_cate of title granted nnrlr!r this 44. - Act ~hall ( e .-cej""Jt in case of frau wherein the OYmer has participateR or collu~e~), so lone as the same remajns in force ann nncancelled under this Act, he conclusive :cviclence in all courts RS against His ~~[Hjesty ana rtll persons whoc1~o-ev-er, that the person namecl therein is entitled to thA land inC"J_ud.ed in the sm'1e, for the estate or interest therein s•eciftAd, fml)ject to the exco:rti ons anCl reBervatj ons ment ionec'l. in t~:e next pre- cefl inr;

section , e'·cerJt so far as regaras an~r portto:n of land, h~T wrong nescripticm of boundaries or VlrC19ls, incJnd_en in such certificate o:f title, and exce.t fl.S l against an~r person claj ming unner a 11yj or certi f':i.cate of title granterl. under this Aot in respect of the nane Holders of lana; an0 r·or the 1)nrrose of this

section that p1erson prior certif- icate. shall he d nemet1 to claim under a rJl·j or certi fica t<P. of Omisflion to title who is holder of, or whoBe claim is derivea directly or in('\irectJ.y from the person who was the holaer of t'hP. earliest certificate of tj_tle erantrJCl, notwithstanding that such certificate of ti..tle hafl beBn surrendered anc1 a n8w certificate of title ha.s heen grrt ntea upon an~r transfer or other instrnment. 45.

A purchrtser, mortgagee or encn;nhrancee for val- sencl notice. uuble co:nflicle:r.ation Bhall not 11e afPectr:;n by the 01nission In:::;trunents to be e r:-fect ual must be in c onfo rrni ty with this Act to se:dd any notice by this Act cUrecten to he e;iven or by the nonreceipt thereof. 46. .After the certificate of title for tiDy hmc1 has bc-,en grantea no instrn.ment shalJ. bFJ e:f'f8ctual to pass an~r interest therein or to render thr:; land liHhlE3 as secnrit~' for the pa~nrtent o_P rnone;)' as against any bona fide transferee of the le.nd una er this Act, unless sud1. instrument is executed in accordance with the prcPrisi ons of this Act; and is nuly registered therelmd.er; and the TAo·· t -c J.S raT shall hH ve power~--

to Cl ecid.e whether e.ny instrument which is presented. to him for regis tra ti on is substanti =illy in conFo nni ty vlit h the proper -f'o:rm in the

schedule

t) this Act, or not, and. to rei~ct any instrument which he may decide t0 be tJ _,, t unfit for registration. 47. Ho memorandum or en try shall he me. de upon a certificate of title or upon the d.u:plicate thereof of No trw-;ts any notice of trusts , whether expressen, impliefl or to he reg- istered. constructive; hut the :ree·istrar shall treat any instrn- Form of ment containing any such notice as if there was no trnst; ana_ the trust8e or trustees therein named shall be (l,··emed to be the ahAnlut A ann beneficial owner~: of the land for the p1DTOsesof this Act'. Transg"ers, 48.

Vi'hen ln.nd, for which a certificate of tit:le has tr:msfer .. been granted, is intended to be transfer.red, or an~' right of wa~/ 01· other easement is int ena eel to he creat eel or transferrecl, the owner mH~7 execute a transfer in the form "J" in the

schedule to this Act, which transfer Tenor of shall, for description of the land intended to be deaJ.t transfer. with, refrr to the certificate of title of the lano, or shall e;ive such description as i8 suf:fic ient to irifmti:f'y the same, an.J shall contain an accurate statement of the estate, interest or easemt~nt inte:nc1 ed to be transferred or creHted, ann a memorA.n('lnm of each lease, ,ortgBee anrl. other encumbrance to which the lanc1 is su bj"'ct. 49. !.Vhenever any easefnent or a:ny iru:orpor 8 al rie:ht in . 'f·"" or over any lHncl for whi eh a c ert i fica te of title has been grante .. ;! l.

P, CT'"'"·t "'~ -+'J th f u • ~ . '".I. c. a .· · r e purpose o be ine- Pnnexed to or used ancl enjoyed togPthcr with other lana f·or whieh a certi "icate of title ha'- alEo been t '1 gran e c.,, the regi Bt rar sha1J. rr.ake a memoran;t1:un f th ll o e in strnrrlfmt _c:r.:eatine - • •- -n • ••~•·•~•-

Easements euch eas()ment or incorporeal rie:P-t upon the folio of the t o be me nt ion , - ed oil the ree; iete r wh.ich consti tnt es thA e::·igtins certificate of certificate. Delivery title of such other lHnd and upon the duplicate i;lJereof. 50.

If a transfer p1.HJl arts to trrou:; f8r the tranr;ferrorf,s interest in the v:h ole or part of the land mentioned j_n any certificate o~ title, the t'ransferror shall deliver up the duplicHte certificate of title of the lam, ano the and total registrar shall make a memorandum thereon, and ur)on the or partial cancell8tion certificate of tj_tle irl the register eancelline the same, of certif- icet e. either whoJ ly or nartially ,, accor(li rle as the trans fer purports to transfer the whole or part only of' the interest of the transferror in the saic3 lf:md, and setting ''orth the particulars of the transfer.

Issue of 51.

The registr~ , upon cancelling any certificate of new certif- icate. title either wholly or pHrtially, pursuant to an~r trHnsfer, shall grant to the tramsferee a certificate of title of the land, mentioned in the transfer and issne to tho tnms- Registrar feree a dupliCi'.te thereof; ancl the ree;if1trnr shall retain to retain cancelled every transfer ana cancelled duplicate certificate of c ert i fie ate title; but in the case of a partially cancelled certificate Partailly of title, the r eg;j_ ~:otrar shall ret urn the duplicate to t!Je cancelled certi:fi- transfe,~ror after the memorandum partially cancelline the cates. same has been 1oo.de thereon and_ npon the c ert. i:ficate of title in the rer;ister; or may. whenever reqnired thereto, by the ovmer of' Hn nnRolc1 port ion o-r lane, in m:~~r pA-rtially CHncelled certifi_cate of title, or where such a conTse ay;pears to the ree;istrar more ey;;e(lient, e;rant to such ovmer a cert ifi cnte of title for snnh port ion_..... o"!' whi C'..h he is the owner, UI>On the delivery o: the partia1l~r cancelled dur1icate certificatA of title to the TEf:istrm-, to he cancelled ano retainr~d ..

In every instrument trans :f'erring lEmcl, f'n r which a .. CE-~rtificate of title has b,:en gr.,ntnd, 1 j 1 i .... ., su) e c; ; o rnortt,age or encnnhrance, there shall be imrJlied - tte followinc ~

Covenants to, be imrlied , in trans• fers.

Plr:>nG of land. -24- covenant by the tra.r1sferee, thc:.t is to sa~y : That the transferee will pay the principal money, interest, annuity or rent chare;e secured b~~ the mor· .. e9 r:;e or encmn1HRnc e, aft 0r the rate and ut the time spe ~ified irfhe instr,lment creatlhng the same , ancl vvill inclerrrnif~, and keep harmless i:hA transferror from and against the princira& sn1'1 or othe 1:1oneys secured by such instrr:ment, ann frorn ann Re;ah1st the lia111lity in respect of any of the covem,nts therein con- tt.dned or unrler tr~is Act im11liecl, on the pa.rt of i,'f.e trans- fe:rror. 50.

Tho regi8trar may reqnire the ovmer of any land within his re[istration district nesirin~ to transfer or otherwiRe to n.:·nl with the s arne 1mc1 r·r tr e prov is:i_onp, of th5.s Act, to fnrnish the registrar w '.th a mr-tp or 11lan of the lancl, ill:-t ving the several meRsuremP.nt ::::~ roo> rke a thereon, ~)calr~s of certified by a Dorninj_on lane\ mFve~:or, an0. r•rerarAn TtllOn plans. one of thA follow:ng scales For area (

a) If the lt=mr1 proposerl to be tran:-Jferrec'l or dnaJt less than witb is of ler:;r:; areR than one acre, thfm tl~e Ynfl.ll or plnn one acre. From 1 to 5 acres. From ;: to 80 oacre s. tJhall bP. on a :-:;cr.le not le<:s th~~n one inch to t1· ; ch:1 ;_l!ls: (

b) If the lancl is o£ f)rAat er aren thrn: five acres, but not excee(l inc ~"iv e acres, then the mar or IJlan shR11 be on n scale not le0s thun one inch to five chain$; (

c) If the lnncl is of greater nreb thRn five Rcres, but not excee<'\ ing eit:;ht~~ acres, then the map or plan shflll be on a .';cale not le:: s than one :i.nch to ten ehains; (

B) The o'vmer shall sie:n the plan and atteRt the accuracy of the sa111e i11 the me.nner herAinHf~ Ar provided A tt esbJ.t ion r,e rusal of ovmer to com- ply. for the atiest,''tion o£' all inPtJ:11. t ~ lAD~ S : 3. If the Olr.mer neglects or refnsAs to compl~; with the reclu.irn,:JP.nts afore::aid, the rer:istrar shall not 1)ro- c eecJ vvi th the re~=:ist ration of i h t f ._, ; e rans er or d.Aal ing nnt il thA. reqnirf~m: ntf? are comr)liecl l"lith:

.. 1. Su11S8Q.Uent subc\ivisions of the ~;arne J.an<'l rrlRY he delineated u1)on a dupl:i.cate of the mar or fllan of the same 80 furnisheR., iP Ruch map is n}~on a snrficlent :'lcale, :...u1)sequer1t · t 1 -t h · " o n s her e • n c o n t n i n e c~ ,· Rn d subdi v- in accord.anc e v::'- 1 :; e prov lL;.~ • - .l is ions. Plan to show who1 e 0 f :'1111)- t r 11 a 1· eation of er'''ll 81Wh snb-the correc ness o.: ; 1e · e 1n J • c1i•.rh 1ion shalJ bP. attested. in the .mnnn-:;r pref'.cribed for the attestc-tt;ion of an ori{3ina.l map 5.

Where 1)arts of difi'erent legal sub<'l.ivi j_onR are inclull eL'l in the same transfer, the rrJ.al; shall repre- sent th~-; whnle of the legal su1lflivisions, l:.inc1 sh8:U inr1icate the location of the lancl to be transferren: J)rovi0ecl oJ., a~:·E, that thh; sha11 not he necessary in divisl..ons. the cnse of lots in a city, town or village, the plan G. . n~r plan whj_ch has bnen prepc'rt:<l. in accorclance with the provisions of the Acts o¥ the ParliamPnt of Ir-r·rj g;.~at ion /zet, or of a.n :1 other Act of the PRJ:--J .. :i.B.men t of C:anana, ann wllich has been lofl.gefl. or filerl ·rdth the registrar nm1er or in v.ceord.ance vdth the sai<'l. prov:i.Rions, shall be d nal t 1vi th am recorr,ni zed 'by him , in so fg r as it is ~~rahle of heine dealt with an~ recornizefl., as if it haft ben r)repared aml filed or reeL'.terec1. un(lP.r Hml. tn accorclance wi t}J the provistons of thi8 i~ct.

T' ..:'egis- ? • trHtion of the Snpr;rintenclfmt Gent 1 ral of Incli:qn Affairs or his cirop-uty, In<'1. I arJ lancl s. an0 cortiPiP-d b~r n Dorn:lnion Lanrt Snrve:·or tq,/he a true copy of a plan of survey lodged }T filed j_i1 t!1e D rt t . ApH men of Innj_an ilffairs, of lnncl.s descri.bed as "Inn itln 1Rnt1 s" in the Act (> ~} P ·1 · o l; :e .ar .. Hunent of Canade. knov;n as 11 The Ir1cl ; an J·~ct n .... sbal1 he dealt with an(J recogn:b:ec1 in accordance vii tl1 the ·.· ;ro~r1' s1' ons o.+'.. i ' - :hiP. ~3ection ·h~' the :eegifltrar of thH dict·r.ict · h' ' · · .... ..

J.n vi' len the sa in lnnc1 :-:; nr e sitnrtten v:hen the saj_d m 11 or plan hB s 1)", en 1 ,-; o0gen or

Form of lease for more than 3 years. -26- filed with l}.im notwithstanding tr.at The Ina_ i.a.n or ' ~ .Act noes not eypressly authorize the said mar· or plan to "he so loc1e:;ec1 or Piled. Leases. r-4. \'/hen an;y lancl for which a certificate of title h been -""r mtocl is intended to be leased or demiBed as u Por a life or lives, or for a term of more th8I1 three years, the ovmer shA.ll execute a lease in the form "K" in the

schedule to this Act. and evAry such imd;rn ·1en1 h 1] f a tpt jon of the le.nd. intended to b 9! d· al t s a . , _ or escr _ with. refer to the certificate of title of t'be land., or shaLl giv~' such other ·6 Ascription as is necessary to Stipulation ofidPntify the lancl; and a right for the lessee to purchase right to purchase. the land the reih described may be stipulated in the instrument; and in case the lessee pays the purchm;e Obligation of lessor in such 'mone.~ stipulated, anc1 otherwise o'hserves 'rlis covenants case. Proviso, as to lease of mort gaged land. Covenants im_pli ed in lease.

Payment of expressed and implied in the instrument, the lessor shall 'he b01mCl to execute a trans fer to such lessee of the lana., and to perform all necessary Acts by this Act p:r1escribed for the pnrpoB e of trannferring the l~:md to the purchaser; " Provi cl. eel always that no 1 ease off· roorteaged or encnrnhered land shall be valid ana_ binding against the mortgagee pr encmnhrancee, unless the mortgagee or enc,,m.hrancee has consented to the lease prior to the same be ins registP.red , or subsequently ad.opts the same. 55.

In every leane, unless a contrary intention appears therein, there A hall be im1)lied the followine; covenants by the lessee, that is to say-/: (

a) That hA will pay the rent thereby reserved at rent and taxes.the times therein mentioned, and 11 a. rates and taxes which w.y be pai.,rab le 1· t 1> n respe c , o :r the demised land c"urine the continuance of the 1 ease; (

b) That he will~, at all times durj.ne the continuance of the 1 ease , k ,=~ eep anu at the termination the;-eof •. yield up the ,'1 · uemis ed 1 __ Rnd in good and ~e~B:Hta'};)J,~

Maintenance and r ep airs • Implied po·wers of lessor. Entry ancl view. Re-entry ·n default of payment of rent etc. Resistrar's duty in ··ase of re-entry.

Can~ell ation of lease. - 27- 1:1 · aecicl ents anr1 drunae;e to builcline;s tenantaJ e repalr, fro:r.1 fire, st'/Jrm anc1 tempest or other casualty, and reasonable wear e.nd tear excepted. 56. .Ln every lease, unless a different intention appears therein, there shall also 'be im·-lieCI_ the fol1owing powers in the lessor, that is to sey- ( aJ That he may, by himself or his s.gents, enter upon the clemised lands anCI. view the state of repe.ir thereof, t and may serve upon the lessee, or leave at his 18 st or usual place of abode, or upon the de:nised land, a notice in writing of any defect , rP.quir ing him vv:i thin a J"easonablE time, to be therein mentj one d, to repair the same, in so far as the tenant is bonnc1 to c1o so; (

b) That in case the rent or an:y- part the :reo f is in arrear for the space of two calendar months, or j_n case default is aade in the fulfilment of an~r covenRnt, whether expressed or imy,liAo in euch lease, on the part of the lessee, and is continued for the_ space of_!mo calendar months. or in case the repairs required b;y such notice, as aforesaid, are not completed within the time therein specified, the lessor ma~r enter upon and take possession of the demised land. 57.

In .AnY anch case, the ree ist rar, upon proof to his sat isfe.ctton of lawful re-entry ancl. recvvAry of possession b~7 a lessor, or his transferee by a leeal pro ce ec1 ing, shall make a memorancl.nm o-r the s&T!e upon the certificate of title , antl upon the cl.upl.icate thereof, \Vhen presentec1 to him for that pur:r>ose, ancl. the estate of the lessee in such land shall thereupon determine, hut without re1easine the lessee from his liability, in resl:Ject of the breach of any covenant in the lease, exr)ressed or im~:li en. an,:) t h · t _ u e r eg:ts rar shall cancel the leRse, if delivered u1~ t ' o him f' or t h -- ' at .rmrpoBe •

Covenants implied in lease under this Act. Forms may be modi fied. Case of surrenr! e~· ~ :ff~.:t.e.a· otherwise than· by op eration of law. Registrar's duty in such case. Effect of memorandum Pll1117Viso; as to mort gagee. -?.8- 58. 'Nhenef!.'er, in an~· lease rrade uncter this Act, the Po rms of words in column one of the form !!J..!' in the

schedule to this Act,, e.n<l Cl.istinguished by an~~ number therein, are nsed, the lease shall be te.ken to hfl.vE'l the same effect, and be construed as if there had been inserted therein the fonn of words contained in column two of the :said :form and d istingmh:Bhe a by the same number; anc1 every such f onn shal1 be deemed a covens nt b~r the covenant or wi tl:. the covenantee ancl his transferees, binding the Po:rmer ano. his heirs, executors, e.chnir,ifitra- tors and transferees; but it shall not be necessar;y- in any such leaoe to insert any such number,; and there may be introduced into or annexed to an:? of the forms in the first column any expressed exceptions from the same. or e pressed qualifications thereof respectively, an('\ the like exceptions or qualif'icat ions shall he taken to be made from or j_n corresponoing forms in the second. column. 59.

Whenever any lease or demise ~vhich is :recplired to be registered b~r this Act is intended to be snrrennered anc1. the surrender t:r~ereof is effActed otherwise than throut;h the operation of a surrenner in law , u:Don the procl.uction of the surrender in the form "M" in the

schedule to this Act, to the reeist:rar; he shall make a memoran(lum of the surrender upon the certificat,e of title in the register, and upon the o.ttillicate certificate; and when the memorandum has b em so made. the est~te or interest of the lessee in the land shall vest :in the lessor or in the person in whom , having reg~r1:l. to int ervoning circumstances, if any, the land wou1c1 have vested if the lease he.d never been executed; Provinen. that no lease subject to morteage or encumbrance shall be surrenClered without the con.:.Jent of the mo:rteagee or encumbrancee.

Form of mortgage Form of Encm.mbrance -29- Mort~ages and Enmunhrt=mces. 6G. \7henever any land, for which a certificate of title has 1)cen granted, is intencl.n<l to be chRrged .. dJr macl.e security in favour of any mortgagee, the mo:rteagor shall execute a mortgage in the form liN" in the

schedule to this Act. or to the li2{e effect; ancl when···ver an~r sudh land. is intende~a. to be charged with or macle security for the payment of an annuity, rent, charge or ru .. m of money, in favour of any encumbrancee, the enonmhrru1cer shall execute an enc1unbrance in the form no" in the

schedule to this Act, or to the lil-rr_.~ effect; and every such instrument shall contain an aeea~:ete

Statement necesr:~ary. ;temorand11m to be ma.de on certificHto.

Ret_sistration of charges created before issue of ({rant. -30- accuratt> statement of the estate or interest intended to be llo' mortgaged or encumbered, and slJall, fer descript-Lon of the land intended to be dealt with, refer to the certificRte gf t1 tle on which the estate or interest is hel1i, or shall give s·:wh other description as is necessary to identify the land, together with all mortgHges or enCl.llrtbrances ~ffecting the sarfle, :tf s.ny; and a memorandum of t~e mortgage or enc,lrnbrance shall be made U!IOn the certificate of title i~ the register and upon the duplicate certificate. 2.

Provided that there mAY be filed in the office of the resistrar an~r mortgage or other encumbn:mce created by any person riDhtfully in possession of land prior to the issue of the grant from the r;rown or prior to the ir8ue of the transfer from the Buds0n's Bay Company or from any company entitled to a grant of such lands from the Crown or to which letters patent from the Crown for such mo:tt- gaged lands h8ve already issued, if there is produced to and left with the registrar with the mortgage nn affid~vit "=F' ., made 1Jy the mort[;'ngor in the form ~"'in the

schedule to this Act, and also, in the case of lands mortffaged prior to the issue of transfer from the Hudson's Bay Company o~ other company as aforesaid, a certificate from the land commissioner or other proper officer of the comp~ny that ti'le purchase price of S11ch mortgaged lands has been paid and that the mortgagor is entitled to a transfer in fee simple tlH:;t'efor from such company; mlll. the registrr-tr ehall, on reeistering the grant of l~nas so mortgaged, enter in the re(!ister and enoo:rf!e upon the an!Jlicate certificate of title, before is::;ming it, a memorandum of the mortgage or enc,<miJrance; A.nd when so ent erecl the mortgs.ge or encum.:' brance shall be as vslid as if made subsequent to the issue of the grant, or to ithe·Gissue of the transfer

Hegistration firOhib"ited of tranPfers contrary to Registrar may require affidavit ProceodingG to foreclose redeem, etc. -31- from the Hudson's B~'-Y Comps.ny or from any company anti tled to a gr&-nt of such lands from tho Crown or to which letters patent from the Crown fol1 such land.s may have isGl.led, es the cose may he; Rnd tt' more than one morteage or encumbrance are filed they she.ll be registered i.n the order o:f time in which they have been filed in the said office. 3.

Provided, h~wever, that nothing in this Act con- tained shall entitle a settler who is entered for 8 homestead or homestead and pre-emDtion under the provisions cont~ined in The Dominion 1~nds Act, to mortgoge the lnnd entered for by him the~8for or until he hss been recom1qended for pstent by the l~cal ~'ent and hss received a certificate of recommendation in accordance with the rrovisions of the said Act; it being her~lY declared that notwithstanding anything contained in this Act such mort~age is in the nature of the BGSif:mnent or trans:f'er w1,in11 is proh::i.r)i ted by

section 42 of the said Act; and for the purpose of nroventing the acceptance and registration of any such mortgage, the registr'lr is hereby em·~'OWered tc- refuse to register any ~ortgage for land for which the patent is not of record in the Land Titles Office, unless the R~plicent fOr the registration of sdch mortgage first satisfies the reGistrar that he is entitled tJ execute sue~ mortga~e, :::p" b;yT an affids.vi t, in the form 1Ii' in the sa.he<'h1le to this " Act, and to be filed by the registrar with~the mortgage if the latter is accepted and filed or registered by him. 61.

A mortga3"e··' or encumbrance under this Act shall have effect as secur:ity, but shall not operate as r:t transfer of the land theroby charged. 62. Proceedings to enforce payment of moneys secured by rnortgaije or encum~1)rance, lbr to enforce thA observance of the covenants, ag:reeJnents , .. stipulations or conditions

!tegistration of discharge of land. Entry by registrar.

Its effect. -32- contained.,..ip RJ\V mortga~e or encumbrance, or fnr the sale of the lands mortc;[',ged pr encum1)ered, or to foreclose the estate, interest ~r cl~im of any person in or upon the Land mr.rt!:,5B{SfH1 or enc-nnbered, I'E also proceedings to rednem or d.ischarp:e any lend from any such mortgage or encumbrnnce. shall ·be hf-ld and taken in the Supreme C01..1rt of the Notth-West Territories or any Court hereafter constituted exerc~sing within the province the j11risdiction powers and authority at the date of the pa.ssing of this Act exercised therein by the Supre•:1e Court of the Nort}J- West Territories, unaer the practice and procedure of the said crn-;_rt. 63.

Upon the production of any mortgage or encumbrance hoYing endorsed thereon or attached thereto s receipt or acknowledgment in the form "I" in the

schedule to thif' Let, r=:i.s-nec'l_ b~r the mortgs-e;ee or encurrJJrancee, and proved by the affidavit of nn attesting witnsoo, discharging the whole or a11y part of the land col':prised in such instnnne:nt from tl>P whole or a.n:r part of the principal sum or Bl1P1li. ty secured thereby, or upon proof 'being made to the satisfaction of a .~ndge of the payment of ull or rf'rt of the r10neys due on eny mortgage or encumbnmce, anc'l the production to the registrar of a. certiftaate Sifnod by the judge to that effect, the registrar shall thereupon· make an entr~r on the certificate of title not;ing tlHl.t S 1.1.ch mort~cge or encuHlllranee is dischl'lr~ed, w"holJ.y ar partially, or that part of the land is dischar~ed, as afon~cnid, as t11e c:..ise requires; and upon sucl1 entry being so mode, the l~:>.nd, or the estate or :interest in the land or the portion of the land mentioned or referred to in fmch endorsement a.s aforest.dd., slj.all cease to be subject to or ld.Jable for such princi:Pal sum or annuity, or, as the oase m3y be, for the part thereof mentioned in such entry as dischare-Rd ..

B:xt inc ti Oi1 of :en annuity, 8tc. Proof. Cancellation. Order for ray ment into a chartered bank in case of EJbeence, etc., of mort r;agee. Ces2ation of tlle interest. Mernoranclum by registrar. -33- 64.

Upon proof of, the death of the annnitant, or of the OOO'Ult!"rence of the event or circumstance uPon which, in accordance with the :r_Jrovisions of .';ny encumbrt1.nce. the e.nn11i ty or sum of :rponey thereby secured ceases to 'be pay- able. <md u}don proof thfit all arrears of the said annuity and inte:rer.:t or nwney have bee1 paid, R'3.tisfied!;· or disch- ar~ed, the re~istrar shall, upon the order of a jud5e, make a memorandum upon the ceTtificate of title in the ret;ister, that such annuity or SlJrn of n1oney is sntisfied and dischar1;ed, and shnll cancel such instrument, and upon such nwmorandum bejng made the land shall ce~, se to be subject to or liable for such a~nuity or s~m of M0ney, ~nd the ref!-1 strar sllall, in any or either snch case 11s aforesaid. endorse o~ the ~uplicate certificate of title a similar memonmd1m ·,fn.enever such du~licote certificate of title is presented to him for that purpose. 65.

If 8 :1.y mo:rt::_;agor bee omes eni~i tled to pny of£' the mortgage money, and the recistered mortgagee is abeent from the province and there is no perPon authorized by registered power of attorney to give ~ feceipt to the mo~t tsagor for t:, e mortgage, money aft or the date ar pointed for the redemption of a:n~; mortgage, the ,judge, on application to him rmd prot:~f of the facts and. of the a.mount due for principal and interest upon the mortgsge. may direct the payment i~o a chc,rterod benk having a 'branch or agency in the district, ot, if not in the distric~. in the province, of the mnrtgse;e rnoney, with all arrears of interest then due theredn, to the credit of the mortgagee or other person en titled thereto; and thereupon the interest u;::~on the mortgage shall cet1se to rnm or accrue. 2.

The registrar shall, u~on presentation of the judge~ order an!'l of the receipt of the mB.na[;er or agent of the bank

Effect. Noti0e of mortgag·ee. Endorsements by re,,~i ::;trar. Payment to be full d i sclH.,i.rge. Form, re{;h~ tration and priority of transfers bi' mort:;nge. ?ertial trans fer of sum secured. -34·- ~-- for the amount of the said mortgage money Rnd interest, make e memorandum u:r;on the certi:ficnte of title in thE) register discharging such mortgoge, s~~tin~ the d~y. hour DrJd mfunute on which r;uch wemorand1nn i;: rrt&C\.e. 3. Such mernorandlilm shall be a v::1lid di8cr1nrp;e of t.he mortgage. 4.

The regist~ar shall, when suo~ order and receipt are preAented to him, send a notice of the foot to the mortg"gee by letter addressed by mail to his lnst known place of abode. 5. The registrar shall endorse on the duplicate cert- ificate of title and also on the mortgage whenever those instruments are produced to him, the severel prrtic11lars to be enllorsed upon eR.ch of such instruments reA!}ectively. 6.

After pBymen t as Rfcresaid of r.ny mortgage mone:;r and interest, the mort3agoe entitled thereto shall not recover an~~ further sum in re::n,P.ct of such mortgage than the amount so paid. wl:ich a certificate of title has been granted may be trans ~ f'erred t~.: a trenr,fer P.xecuted in the form 11 #,!_1 in the sc~hed""~le to this Aet, and the tranpfer shall be re_~iGtered in t11G same ffi['nj:er as morteae;es, encurl)brances nnd leeses are registered; and transferees shall have priority accord- ing to the ti~e of re~istration. 2.

Any mortgagee may transfer a part of the sum secured by the mort~R~e by a trancfer e~ecuted in the form "R.. 11 ~ in the

schedule to this Act, and the P''rt so tram:.ferred shall continue to bA secnred l)'~J the mortea~e, and may be given priority o~er the remaining part, or may be deferred, or may continue to rank equally with it under the security of the original mortg':ge, as stated in the tran:::fer; end the reftistrnr~shall enter on the certificate of title

Ef!fect of registration of transfer. Idt>hts of transferee. Proviso: e.s to trusts. Im-rliod cov en8nts .ss to reps irs and_ entry. -35- a' memo:!:'andum of the amount of the mort.sase BO tnmsferred, I ., the nA.me of the transferee, and how the sum so transferred is t0 rank, and shall notify the mortgagor of the fects. 67.

TJ_pon the :registration of 9 transfer o:f a.ny mortgege encrun1)rance or lease, the estate or interest of the i.rans- ferror, as set forth in such instrum~nt, with all rights, powers and privileces thereto belonging or appertaining, shall paes to the traiLEferee, and: such transferee slmll there- uron be~ome subject to and liable for all ancl every tLo same reg11irements and li<;bili ties to wh; ch he would have been s11h j ec !~ ancl lis.ble if ns.med tn such instrument. 69. ~ v:i.rhte of every S"_1Ch tren.f'fer the ri ["11 t to sue U}JOn any mortgae_;e or other instrument, '"'nd to recover tH17 debt, sum o~~ money, a.nr1uity or darna5e thereunder, and all interest at the time of such transfer in any such debt. sum of rponey, anm1i ty OT darna8'eB, shall be transferred so as to vest the same in lR ..

W in the tr:-=~nGferee thereof: Provided always, that :1othing herein contained shall prevent tbP. conrt f:rom :o;i ving effect to any trusts affectin£',' the said debt. sum of money, annuity or damages, in epRe the said transferee 8:hall hold the same as trustee for an:r other person. 69.

In every mortgage there sha.ll be implij:Jd against . the mortgagor rnrnaining in possession, a covenant that he will repair and keep in repair all build'ngs or other irnprevements erected and made upon the lond, and that the mortc;n..gee may ~;t all convenient times, until tho 1nortgae;e is redeemed, be at liberty, wit11 or without surveyors or others, to enter into or upon t}e land to vie~ an~ inEpect the state of repair of the buildincrs or improvoments.

Coven~:-mts implied in mortgagf~S passed unc1eT ;Ytis .Act. -3o- 70. Whenever, in a mortsngo made uno er this Act~~ the form of '.".TOrCl~ in r;olnl1ill o~e of tilfl form '~ 11 in the Eaid A

schedule to tlLts Act., and distints·uished uy any number therein are nsed, such mortg8ge sht:tll 1ie te~ten to have the same eff'ect, an<'l be const"L"uea as if there he'd been inserted therein the form of words contained in column two of the sai c'l form and d.istinguished by the same number; and overy such forrJ.1 shall be deemed 8. aovenant b;; the covenB-ntor with the covenantee and his trR-nsferees, bind1n[j tr1e former and his helh.rs, executors. n.dminiz.traton~ ~n(l trans- forecs; but it ::hall not be necessary in any such mortt::~~,c;e to inse::ct any such nUinber·.; ano there mr..~.~r be ii1trod1wed into or a1mexod to any of the forms in ti-J.e first column any -expressed exce})ti•)nS from the same or expressed (Iualifications tbe:.:-·eof res1;ec ti vely, nr;d the l:.ke excerJtions or 'lll'1.lifi- catlons shall l)O tc-.ken to be made frmn or in the correspond- ing forms in the second column. () OPY "A" • 71.

In ever:r c;aoe •.vhere l(~nd is subject to 8. certificr .... te of ti t1e shall be deposi tfd with t11e rce;istrar vrl:o s1wll retain the same on behalf of Rll pereo·ns interested in the lend mentioned in such certific~te.

The reeist:rB-r nl,all if 0 esired, furniE~tl to the ow neT o ~ ~u(;l'h mnrtcage or incnJc,brance a ce:ctificate of ch!:ilcr'f)e; s.nCl. before any dealints with or disc:1a.:r!_Se of s8i.d roortsage or inc1mbrance is registered, except in tt.e case provided for by Bection 65 of tohis Act, :::a:io_ certificate of chan~:;·e sh8ll be delive~ed up to the registrar to be cancelled. ~TOVi~ed, hOWPVer, that the TefiStrar may dispense with snch production upon satisfactory evidence being prodTwed of the loss or destruction of c.ny such certifica.te.

Form of power of attorney. -37- 72.

The owner 6:f any lAnd IDI'.'l.y ~mthori?;e end a-rpoint [t .:-:_l rereon io act for him or on his behalf with respect t~ the trensfer or otl)er dealing with euch land or with any -part thereof, in accordance with the prGvisions of this Act, b;,1 executing a :rower of attorney in the ,form -:e: in the oc>ednle to t:1i::.: Act, or as net-:!r thereto a::: ciruumstances rennit, or in r:.ny f0rm heretofore in use for the like -r.urpoee in wbich the illand j_E, not specificc-l.ll:r lTier1tioned. rmd described, b11t i_s r·'Gn_tioflod and refe:r-red to in conerRl terms. any of ne )'. c•-'-ratl' on Vlr'"·iQ]l f. orm~ o·_1 power Of l'lttorney the :rec;cictrar SfJS1:!. rer_r_iRtAr·, :\_ b l_ "-' \_, <;;<. - • L • •;•- - ~ Owner's power sus pended until revoce.tion.

Proviso.

Form of revocation. and if the lf:.nd referred to in any form of :power of attorney iR specifically and properly described, the registrar shall meke a memor~'.:mdum upon the certificate of title e.nd upon the au~licate certificate of the particulars therein containdd and nf the time of its rec;istration; ani1. until Ruc1t :pO\ver ' of Attorney in which the land referred to ie so s~eoifical~y '• d-eE'crilJed is revoked in the manner nrovided by the next following Eection, the ri,g-ht of tbe ow:r1nr to transfer or to othervifise de<;.l 1'rj_tb the lend r~hf_l_l he Euspen1~ed: Provi~ed t~~t tl1e execution or reeistration of a eemeral ]iower of attorney she.ll not in e.ny WRY affect the r:Lr;bt of thn owner to transfer or otherwise deal with his lend. 73.

Any snc!' power of attorney mey be revokecl b~,r a revocation in the form ";~' in the

schedule to this Jl~ct; ,4. and the registrar Srtall not give effect to any tranr~fer or othnr instrument, sie;ned punmant to such power of ... attorney after the regi:3tr:=tt~:cn of a revocation of r:uch power, unlesF under eny registration abstract outstanding Transmission 74. Whe'lever the owner of any lend, for which a of 1B.nr1 of deceased ccrti.:f1~:8te hr;s been granted, dies:, EOuch lr:<nd shall, Pubject owner. to the !_'rovisioi1~ of thif' Act, vest in tbe persons.1 ·

~lloc'\ e of rog·i.2tr~'tion.

Probate. -38- re nrer:&v.1ta ti ve of the dece~: r:. ed ovmer, who ~hall, l.'efore .. ~ dealin<; with suc'1 l&nd, make aprlication, in writing, to the rec;iE.trar to be reei.stered as owner, and. shal!. produce to t11e reeistr."'!.r the probate of the will of the dE)ceased owner, or letters of edministration, or the order of the co~rt authorizin~ him to administer the estate of the decnared owner, or a duly certifind copy of tho raid pro- be.te. letters of ~:dldniPtration or order, ss the c:ase may be; and thereupon the reffistrar shall enter a memorandum thereof upon the certificate of title; &nd for the purposes of th:Ls Act the nrobate of ~ wiJ.l granted by the prop0r court of .~ny province of the Dominion of Canada, ~_!'--o-i!--th-e- Great Brit~in and Ireland, or an exemplication thereof, shall be sufficient.

If certificate 2. If the certificate of title for the land has not he.s not been granted. been sranted to the deceased owner the personal reprcpen- 'Executor or administrntor to be deemed owner. From whs.t time. Del:Lvery of new certifi cate. tatives before being entitled to be regi8tered under this

section shall bring the land under this Act in the ordinary way. 3. Upon sncl1 memorandum be.ing made, the e:xecutor or adrniniPtrator, es the case may be, shall b~ deemed to be the owner of the land; and the rec';if:otrar shall note the f::::ct of the re~:(.etretion by· a memor:,ndum nnder }1is lwnd o,n the rrobat e of the will, letters of adnini stration, order or other instrument as 2forAPBid. 4. The title of the executor or Bdministrator to the hmd shall relete 'back and t~}ce effect as from the dt'te of the Clea:th of the deceased owner. 5.

The duplieate certi:Cicate of the title issued to the dece~PPd ownPr at the time of the making of the application shall be ~elivered up to be cancelled or be proved to lu'1ve 'been lost or destroyed. Rnd the re:~:5 E'trar

-39- ~ball grant to the executor or FdEJinistrator A.B ruch B ·' . new certificate of title, and issue to him a. dnrlicate certificete. Mortc:·ae;e, 75. Whenever nny mortgage, encumbrance or lease etc., trans- mitted by affectine l~nd, for which a certificate of title has been will or intest- acy. eranted, iP transmitted in coneequence of the vdll or ~~~rode of regis trs.tion. 1\f:emorandum to-be rut=n'te. Effect of registration.

IJ9.nd subJect to trusts, 110w held. inteFtacy of t12e owner thereof, the 1)roba.te of the will of the deceeEed owner, or letters of ~dministretion, or the order of the court authorizing PN ~)ereon c..s eforesRid to administer the e8tate of the deceased nwner, or an office c6py of the said probate, letters of administration, or order, as the case may be, occompa~iPd by an application in wri tin[; from the executor or administro.tor, or such other rerson as aforesaid, claiming to be registered RS owner in reFr~ect of such estate o:r interest.

S}lt'll be prociuced to t~le registrat, vvho shall thereupon ma1<::e a memorandum upon the' certificate of title a~d upon the ou:plic:~te--trH:reof of the date of the v:ill Hnd of the rrobate, or of the letters of administration, or order of the co~rt as afo~esaid, the date, hour and minute of the rroducti_on of tr1e same to him, with such ot!ler ptJrtil}nlars 2s he deems neccssP.ry. 2.

Upon such memorandum be ins· m8.de, the exAcuto,:r, or administrator, or such other person, ~:;s the case m:>.;r be, shall be deemed to be the owner of the mortsage, encum- hrance or lease; :;nd the registrar shall note tbe fe.ct of the regLctration ·b;v memorandum under his hand on the letters of a.dmi~iPtrntion, probate ~r order ~s afore~aid. 76. Any:,person registered in place of a deceased owner, shall hold the land in respect of which he is registered upon the trusts and for the purposes to which the sarne if! applicable by this Act or by lew, ~:md subject

Court Pl'.1y chr:n~;e trustees. Security to be given by them. Cancellation of ald cert ificate; delivery of ne'r· one. Duties of sheriff in case of seizure of land. -40- to a•lY tnlf',tG e.nd enui ties unon wh"ich tr~e Ciecease.d owner e ' \1 ~ held the same; but, for the purpose of any registered dealin~r with such land, he shall be deemed to be t}e sbsr,lute B.1td beneficial owner thereof. 2.

Any ~eTson beneficially interested in any such land, mt:iy e.i?rly to a cr:mrt or judc;e having jurisdiction, to have the same t~ken out of the ~ands of the trustee having charge b;y law of s1wh land, and transferred to some ot".er J•erson or versons; and the court or judce, uron reasonable c~1se being s}>:own, shall name some sui ta"ble person or perFons as owner of the land; end upon~the person or persons so nemeo accepting the ovmersbip and ::Si ving apprlbved. secur- i ty for the due fulfilment of the trusts, the court or a .judge may order the registrar to concel the certificate of title to,the trustee, and to 5rant a new certificate of title to the person or persons so named. 3.

The re~if'tn::r, upon the nroduction of the order, shRll cancel the certificate of title to the trustee after making thereon and upon the duplicHte thereof a memorandum of the appointment by order of the court or judge of such person or persons ae owners. and shall grant a new certi- ficate of title to sur;h new tnu:;·~ef3 end issue to hjm a dur,icate certifi1Lte of title. EY:.SCU .::ro:r:TS. 77.

The sheriff,. or other duly qualified officer, after tl1e deli ver~r to him of anJr execution or other writ affect~ng land, if ft copy of sucl1 writ hr; s not F.lready been delivered or transmitted to the reeistrar, shall, on ps.yment to him of fifty cents by the execution creditor named therein, provided the said writ is in force, forth- with deliver or trane~it by registered letter ~o the

Tl • _ roVJ. E30: rene\"J&l of writs.

Register to be kept cff sheriff's writs. -4:_. registrar ~ copy of the writ and of all endorsements there- on certified undAr l!i8 hand r·nd flRCl of office, if any; snd no land shall be br.:und by any such writ until the receipt by the reeistrar for the registration district in which ~uch land is situa.~ed, of a copy thereof, either nrior to this Act. under the law then in force or subse- quent hereto; but from en~ after the receipt by.him of such co~y no certificate of title shall be, granted,and no transfer, morte;as-e, encur11brance, leRse or other instrument executed by the execution dehtor of such lanV shRll be effectual except subject to the riehts of the e:xf:lcution creditor under t1-te writ while the snr1e is lecally in force; ana the recistrar on granting e certifi_cate of title and os recistering any tra~sfer, mortgage~ or other in~trument executed by the execution debtor effecting such land, shall by memora~da ~pon the certificate of title in the register and on the durlic~te issued by him express that such certificate, transfer, mortgaEe. or other instru- ment is subject to such ri8'hts.

Provided Phat every writ shall cease to bind or affect land at the expj_rt,tion of two yea.rs from the date of the rece·ipt thereof 1)y the reci8trar of the d i8tricjl 1n which the land is situated, unless before the expiration of such period of two years a renewal of such writ is filed witl1 the rep;istrar in the same mRnner as the oti:;1.:nal ir: ~ccq~1 i_red to be filer. w1 th him. 2.

The re5i2trar shnll keep a book in convenient fiDrm in which shall be entered according to the dPtes ~ilien re- spective~y received a record of all copies of writs received by him from the sheriff or other officer as aforesaid whether so received prior,to this Act or subsequent thereto; and Buch book shall b~·kept indexed, showing, in alphabetical order. the names of t'r1·e lvnds are affected persons whose

Satisfaction of ·writ , etc . l~ni'! ,:; r::ntd1JJ·l t C.' 1J e r:w.cl e on certifi cat.e or in book of Wl'itF. ])i ~: e ha:q::;F: of· J :::_}' d • C· f f }· e :r if i 1 s1 -42- b,;,r such writs with the"ll1.<3.y and hour and !l'inute of s11.ch receipt. 78. u.pon the saticf~1ction or w:i.thdrawel from his hands of any writ, the sheriff or other duly quel:i.fied officer shall forthwith transmit to the registrar a cert- ificete under his official seal, if any, to that effect, Hnd u~on the· prodnct5.on ano delivery to the registrar of sueh R certifjcate, or of a judge's order, showing the ex-pirat:i.on, satisfaction or withdrawal of the writ as against the whole or any portion of the land so bcund, the registrar sh'all ms.ke a memorandum upon the certificate of title to that effect if the land has 1:leen brought under the provisions of this Act, and, if not, upon or opposite to the entry of the writ in the ~ook to be kept under the provisions of the lle:xt pre ceecling section; and thenceforth such land or portion of land shall be deemed to be absolutely , . ., ., c1.l :~ c .r. ~;::.:.r c.:~~<) .. fro1·1 SHERIFF I s SliL:i'~~. se.le b;;; c-olJrt. m:de'r :cxoce::E of law, o:f any lend, for v··l·ieh c. ~nl·tL;-;_ec,te same has been confirmed. by the eo·.lrt or D.. juclt;e; ·ant w!~en Registrar's aD.'".,.

E'\.:teh l::mJ is sold under · ... oroce-:;8 0 r l~n-;, the r'3:~LiJtro.r, duties. -~ Issue of new certi ficate. upon the production to him of the transfer of tlw ::3U.i:le l:a • the form ''tt~ in the

schedule to t-1.is Act,; with proof of the due execution thereof, and with an order of the con-· firmation of euch sale endorsed upon the trrmsfer nr ~t- tacl:1ed thereto. s1J·~11, s.fter the expiration of four weeks o.fter rec ei vint:: the snrne. register the transfer, cnnc el the existing certificate of title wholly, or in rsrt :Lf less than the V!hole of the lend comprised ~herein be sr)ld, grant a certi_ fico te of title to thE! transferee, snd. issue to him

Unless st8.yGd by the cmnt. Ret',"if3 tration of transfer of l<md sold by Gheriff. A.p,plication for confirm ation of BDle. :'>., Costs If sale iA not confirmF:d T r e n s f e 1' o f l8Dd sr_:;l_d for t8xe::. -@3- n duplicate cnrtific8te in the prescribed form, unleGs EUCh registration is in the meantime stR;Ted by the order of t"'np co1_:rt or judge, and in such c.::3c the regi;:tretion shell not be made except according to the order snd direc- tion of tho said court or judge. 80.

A transfer of such land so eold under process of law or for &rrear of taxes ns hore·tJ,~ :Pt er :provid Ad shall be registered within a period of two months of the date of the order of confirmation, unlees in the me~ntirne this period be extended by order filed with the re~istrDr of the co~~rt or a ~iudge; and Pr•5ll ce9se to be VFlid .'lG f'['T inst the owner of the land so f:'Old, ?.nd eny person or persons clo.irning by, from or thtttou~h him, i:f not re~istered within that period, or within the time fixed by such order. 81.

The 9.:!Jil.ic~tion for confirmation of fi BEtle of cuch lend PO ms.de under an:v :'roceps of law, may be mude by the sheriff or otl-J.er officer making the sDle, or by any person interc~ted in the sale. on notice to the owner, u11less the juds·e to v;hom the ap,,licetion is rn~de, disr8nses with ~uch notice; And i~ thP ~~1~ J~ confirmed the cocts of confirrnRtion shAll he ~orne and paid out of the purch~se money, or as the judBe directs; but in CttSf; the Re.le is not con±'irmc;:~_, the purehase money YJt:lid l;y him ~;hall be refunded. to the pure"'neser; end l~1ce ,jwl>~e may make such oraer as> to the corte of all parties to the sale ['nd dlf the epplic::>tion for itl3 confirmation 0 s he tbi nkP j11Et. 82.

When any l~~nd for which a certi~ficate of title has been granted, is sold for taxes, the purchaser may at any time after the ~ale lodge a caveat egainst the

in conse- -44- tr~nRfer of the land; end upon the completion of the ttme ollowed by lfl.W for redemptiom, and nron the "l}rochwtion of the transfer of the J.!:'nd in the prec:cribed form for • ta-x-Pales in the form "W' in the

schedule to this Act 1\ with proof of the due execution thereof by t~e proper officer, ~nd a. ,jru3e-e !r s order confirming such sole, the rrocedure for obtainine which shell be the 8ame ss here- inbefore provided in case of e sheriff's Pale, the r0g·istrnr s•1A.ll, &fter the expiration of four weAkf' from the delivery to him of the transfer and judge's order of confirmation, register the transferee as absolute owner of the land so sold, and shall cancel the certi- ficete of title in whole or in bart, as the ease requires. erant a new certificate of title to the transferee, snd f31wll issue to the ~;nrchaser a duplicate certifice.te. unlesD the recistration has in the meantime been stopped by order of a judge. 83.

Upon produc~lon to the registrar of a duflicete quence of m~r- certific~te 0~ title issued to e femAJe, accomp~nied with ri1:1ge of a female ovmer. a statement in wrttin~ 6f~ her marriage subsequent t0 the issue thereof giving the date of such marriage, the place where solemnized, and her husb~-:cnd' s full name with his residence and occupation, verified by oath or affir~8tion and the prodDction of e certificate of the marriace by the person who 80lemnized the f!!•me, 8'1d 811Ch further evidence as the re~istrar m~y require, end on an a)rlication to the registr~r to ~rant a new cettific~te of title, he s11all file the same ~nd et once cancel the existinG cert- ificRte of title, RS also the duplicate, and shall m~ke a memorandum of each of the ft'1cts; and the ret:5istrnr shall th~reupon erant a nEw certi~ioete of title to the aprlicant oyrner in her newly acquired Emrname in which her huE11e.nd 's full narrJe , resiclence and occupation shell be ::;ivan Bnd

-45- shall issue to her a duplicate certificate • . :fl.ftP¥ "1!F' . • 84. .b.n~r rerson claiming to be interested unclE~r any will, settlement or trust deed, or any instrument or transfer or transmission or under an unregistered in::=tr,~_me.nt, or under an execution where the executton creditor seeks .f;c a.f=!?ect land in which the execmtion debtor is interested beneficiary bu~ the title to which is registe:ted in the name of soijle ot11er person nr other wise howsoever in any land, mortgaee or incumbrance, may c~use to be filed on his behalf with the Registrar a C''ve·ot in form in the

schedule to thiB Act a8ainst the registration of any person as transferee or owner of, or of an~r instrnment affecting such estate or interest, unlef:'s such instrument be expressed to be su1J,j ect to tho cla.im of the cave I" tor. 85.

Every cave~t filed with the registrar snall~--- st~:.tt e the name and addition of the 11e:r-:::on by whmm, or o:n whose behalf the s~Ge is filed amd except in the case of a c~veDt filed by the registr.r ~s herein~fter provided shall be signed by the caveator, 1lis attorney or aee:nt. and shall sjJate some 8.ddress or place within t]:1e Province at whlch not;j_ces Bnd 11roceedirge. relrting to such cave1~t or the su1)j ect matter thereof may bA served,, ac1d the nat1.1re of -the interest claimed, and shall be sup:-,orted by an affid~vit that in the belief of the dAponAnt the person by whom, or on whose behalf, the caveRt is filed has a ~ood and valid claim in reGpect of the land, mort.g~u_:;e or incuwbr.·-nce intended to be affected. b;/ the s~me. ·nv'l thBt the caveat is not filed for the purpose 0 f deloying or embarrassing- tha apn_ 1-lcant. ~ .l.' _.. or owner, or

-46- any ;_-'erson claiminj( throuKh him. which affidavit or declar:,1tion rnr-:y lw in tho 1'orm in schod11.le '1 86.

Upon the receipt 6f a cave~t the re~ietrar shall enter the same in the day book, end shall make a memorandum thereof upon the oertif::i.C1.'te of ti tlc o:f the land affected by such c::veat, and shall forthwith send a notice of the caveat and of the interest al~imed there- under through tl1e 1;ost office or otherwise to t~w person agc;;inst whose title tho c~.veat h~s been lodged; ·but in the c~se of a caveat before regi~tratton of title under thic Act, the reetstrar shall on receipt thereof enter the sa~e in e book to be kept by him in which shall be entered all instrume1lts affecting lEnd as to which no ., title has yet· issued. 87.

So long c~ any oaveqt remains in force the registr8.r shall not reg:tster an instru:rr:.ent 'VUrporting to affect the land, mortg~ge or immmbrance in respect to wl,ich Bu.ch llfaveat iB lodged, u•1less sue}:, instrument be exnressed to be Buhject to the claim of the cave~tor. 88.

The caveator may, by notice in writing to the reslstrar, withdraw his cave8t at Rny time, ~nd the re~is- trar shell forthwith eive notice, in writing, of such with- drawal by mail or ot1H~rwise to the caveatee. 89~ Except in the c~se of a caveat lodged by the retistrar, is hereinafter provided, every csveat lodged ag.:-;inst any l~=n1d, mortgsge or incumbr8nce, she.ll he deemed to have lRpsed after the expiration of sixty ds.ys after notice~either served llS procesR is usual1y 8erved or sent b:r ree·Lstered mail tn the form ~· fehedule, ~ to this Act or to like effect at or to the address sta1:;ecl in the cnveat has been given to tile caveator to take

-47- proceod~nBs in court on his caveat, unless before t~e tskes proceedings in court by originetin~ sun~ons subjent t'J the lJrovh~ions of Tbe JudicatnrJo Orflinfi.nue of the North-WeFt ~erTitories, nr otherv;ire, to mtbr-;tG.iltiatc ' . the title, e:::<tate, interest or lj_en cloirr1ed 1)~r hir: C8.veat and a ffudce's order in such ~roceedings has been filed with t!'e :re5·i strar continuing such ct•veo. t. ?rovided thnt tiw court or juc1t<,e 1~3.~: upon an.~-~arte apvlication shor~en the said period of sixty dnys to such ~eriod PA he shall specify in such order, and a copy· o '' ; uch order rhall be Berved or mailed v.ri th the notice in thi2

section referred to. 90. At anJ time bef~re the ex~irBtj.on of the time lil' i tod for 1)roceeding U'>o:d a c~:.veat upon 8l~.:.,licatio'1 to i)e made by wr;.y of S'lJlTI!'lons to a Judge, the ,Tndg·~C for sufficient cause shewn, tmd r=:u1Jj ect to s-:JCh conditions as mall seem proper, may extend the tirr1e for proceeding Ul)On s11ch caver·t for a. further period to be spectfied in the order made upon such application. 91.

In t}1e on.se of a cave[·t filed I except a c.:.,veet fj l_ed by the registr•. r 1 as hereinaf-ter provided, the aprl~cant or owner may at any time aprly to the court or a judge r1y or:i.e;inat j_ ng suf~mons, AU1) j ect to the .~·roYi.8i.0nD of the Judicature Ordj nAn.ce of the r:rorthf West Territories C!.1llin8 upon the caveRtor to show c~~use why such c~veat should not be diecharged; Pnd upon the he8~:.ing of such applic:e.t~_on the f3e:.id court or .jude;e m~y make sue~ order'in the premised and aS· to costs I:J s to such court nr j:ldce ma~.r seem just.

-48- 92.

In any proceedings in raspect of a ceveat the .cdnrt or Jr1c13e ma:7 order that the caveator give sueh undertaking or secu:ri ty as such conrt or ju(lee ms:r consider sufficient to indemnify every person ngains1 post tion of tH; proJ.,e:rty t)eing delayed, or to answer the costs of the cove~tee~ and may direct the re~lstrar to de1~U registrn~ing- any dealing with the land, m(\rt- ~age or ineumbrance during such time as~the or~or of s:1ch co11rt or tiudc;e provides, or may direct the Ct:t¥'eator to take further proceedings by a<l:t.~ or otherwj_se u::on hlP naveat, or may rna1re sucn other order as may be just. 93.

In s.ny proc E~edings taken in cons eguenc e of the filing of a covent if it bo made to ap:ear to the cou-rt or jnclge th~rt the c::veato;e, ot person on whose behalf th~ c8ve~t has been filed by the registr~r, as hereinafter provided, claims Rn interest in the lfind, mort,<_S8.ge ·or :ln.cmnbrance by virtue of tmy contr:'ct in writing for the sale and purchase of Puch land, mort- '~9ge o:r incumbrance. signed b~r :the vendor thereof,. or by his lawfully authorized agent, or by an assignment of such contrs.ct, duly attested in the m~_=mner -provided for in sections/i:J'I"~il~f thm~ Act, __?.nd that tJJere has been vno def'ault uncler the termsr of such contract, then 1\ the e curt or ,jndge may, and unless it othenvi8e ap~'ears to be a case in vrhic11 the caveat should 1j e removed, ohalJpefnr.e to o:rrler t•1e removal of such ca.veat. 94.

Any.pereon, other than the reeis~~fr, filing or continuing any caveat without rensonable·q~ufe, shs.ll be liBhle to make compensat~.on to a'!ly ·person wb0 mas have :"ll Ptsined c1 ::El<;ge thereby; aDd such

-49- compensation may be recovered by action if the cBveator h~:we wi thdravm such CHVefit :~.nd no proccodin.ss have been taken by the csveator or ce.veatee B.f:J herein provi<1ed, 1mt l-f such proceedings ha.,.re 1)een tr;ken then such compensation shall be deci.ded by the cour~ o:r Jurl.~_se, in s1wh l'roc e t:.dings whether the c.o:.ve~' t have been wi trJdrn .. · n or not. 95.

After a caveat shall have lepsed or been with- drawn or d i r~char:_r,ed, it shall not be lrvrful, Elxce rt c_s herein mntioned, for t11e same person or for any one on his 1)ehalcl' to lod8'e a further caveat; b1Jt not1 i_ns- herein containe~ shall prejudice the right of the resistrar tn enter any caveat under the powers vested ih him by this Act; and a Judge may, if he thinks proper, upon ap~livation made to him for that purpose and upon sul!Th terms t'lS to costs or otherwise "'S he may consider j~st, order that a new cave~t ~e flled, ~nd such order sh"'.ll fix a time within w~lich the eaveator must proceed 1J]'On ;-uch cavee.t. 96.

IN the cese of a. ctcve~c.t filed by the ReeistrRr ae hereinafter provided the ap ·lice.nt, or owner, may apr:ly to the r;ourt or f' Jude;e by oricineting su~r: as provided for by the Judicature Ordinance of the NorthfWest Ter1·i tories to be served U}IOl}. the person on whore beLal!!' such caveat has been filed for .<:Jn oTd er that such caveat be withdrawn or dischar~ed; ~nd in c~se such rerson on whos~ behalf such caveat has been filed is an infant, luruitic or person of unsound Jpincl, wi1!Ihout guardian or committee euch court or judge may by t>n e~,·-parte order direct that such summons be served on the off'ieiHl guardian, or some other ~Jerson to be na~ed therein ~ ~ . · · ~~ mny 1mpose upon the applicRnt such

-50- terms es to the' costs of such Vl~'rcU~.n or other person appointed by ruch order a8 muy seem just; and ~ron such application such court or judea may maJre such order in thA premisea, either dismissi~g such application, discher!~·ing or ", i thd.r-P.wing suc11 o~~vea.t, or directing any of the L~arties to COjnmenee proceeding·s by action or otherwise as to the f:'aid c011rt or judge m[-1.;r seem just and. pro rer. 97.

RegiPtr:':l.tion by way of c·cv.-at, whether hy the· Registr2r or by any cRveator, shall he.ve the ean•e e:t"fect as to priori t? t~G t: e re;.;istra"'Jion of any instrument under this Act, and the Reeist~2r m~y in his discretion aJ.low tl1c vvithdravml of cuch c~1ve::;t at any tirne snd the re;dstration in l_ieu thereof,, of the instrument under - ' v:id.ch the l'8rson on whose beho=.f such caveat was lodf~ed claims h:tr~ title or interest, c:rovifled sucll instnment i IJ ~ 1 n ins truewnt tiJ.at rrl"'Y be rnsi stered under thi e Act; and , if the viith5rawal o:f r:mch caveiJt P.-~td t"he rcgistrpti.on of such ins&rument is sj_rmltaneous. the s2me priority Rhsll be preserved to all rights under the instrument as the se .. me ri,::·hts vvere entitled to under the caveut. 98.

Any person clRiming an interest in ')n~T land, mortp;ae:e or incnr~1)rt"nce. rrli3.Y in lieu nf, or after filing a caveat, proceed by W<-:Y of a~ction to enforce hi8 cla:i.m. 99. Upon t~'A wi thdraY,'al, lapse or removal of tmy cnvea t, or u~"on the nwJdng of ,1ny order l)y the c 0'1Tt or jud~e in connection therewith, a memora.ndum of such with- drawal, lapse, removr~.l or order, es the esse mf'y l;e, title, j nd u~·on the du:'licate certi fics.te theTeof.

-151- 100. The Court or a Jud~e ma~r, on application of t11e :S.ec.:istr·,:r 011 behalf of' nny person who is under the clis- a1):i.li ty of inft::~ncy', lnnacy, unsoundne28 otf mind or r:bsence from the ?ravine e pro hi bit the deB.linc; wi t!·J any hmd, mort~a,;e or incUJ'lbrance in intere:;t trwrein or the Jt?aling with an~; lnnd in al\'T case in w11ich it arJ'ears to 'hiH' t1:at an error has l;een made by misdeBcription of such land or ot11erwiso in a.ny ce:rtificrte of title or ot11er iJ1EtJ•up,cnt f f t 1 t. f{ t' . c1 1. o or ~e preven 1nn O~ any o ner 1mproper eR. 1n~. 101.

Any contract in writing for the sale nnd notwi thsatndinc; anytJ'in5 to the c:ontrary t~1erein cont~:dned, be tlf.signa.ble, anti any assie;:n.ment of any .. , ' f'.ucf", contro.ct P1 cnll cbporBte accorrt i_ng· to its terms to trcnPf8r to tLe aPsign&e ther<Jin wentioned al~ t·,e ric-ht., title t,nd inteTest of t},e aseigno1~ both at lm·: and in e-quity subject to the <:nndi tio11S Pnd sti1mletions in snch a.ssip:n- ment contained.

Provided however, t~1at nothing rorein contalned shall affect any ri.ght s 11t la'.v or in e-quity pf the ori5inal vendor, or owner of the lsnd, ~nrtgage or incum- brar:c e :mti 1 no tie e, in w:r:i ting, of ::mch assienment has been ei&her sent to 1iim by registered mail, or Perved uron l;im in .ihf~ w·:y prooers is uf3uall~T served; and--~ "["'11e notjce mentior1ed in Pection 3 hereof IS118ll be deemed to l1e snch notice.

(2) This

section shall ~prly to writtem ageree- ments, or contract~ in writing, for the 8Ble and purchase - of-eny lailt"i, rnort::;age or incumbr~nce entered into before, • ap well as after~ the pascing of this Act.

Attestation within the "!'lrov:ince. ·:.'i tne s P. Form of c:(f'tcJ.avi t. Attestation outfide the province. 'Ni tnel'S. Form. In !nlanado. -52- 102.

Ever,y imotrument executed vdt1Yi_n th•:o l ~ mi ts of .wr1on1>1 gf cee"ti3R f:reqa•,e...;t:... e;rt\..c_the notifin~,tion~ referred to in section~"· - ~f, instruments :.mder tho seal of any corpor·tion, cavAats, orders n~ a court or 4nd(Se, cz:ecntions, or certifice,tes of ~my judieial preceedings, attested as r1il.ch, requiring to be recistnrc:d under this Act. shall he witneGsed by one rerson ~ho shall sign his name to the instrumert as c wj_ tness, a11d v1ho s!wll OT'Dear 1log:ore tl1e i.nt:pec tor of lAnd titles offices or the registn;,_r or deputy re:(iGtra.r of' the regl~'f;;ration district in ·,v11ich tllA land is situated, or befnn; a judce, stipen- diary mt'l.gistrnte, not0ry public, cornmissioner f0T taking affidavits, ot a justice of the peace in or for the nrovin, e, r,nd ma~-e s..n affidavit in the form "S" in the sched~le to this Act. 103.

Every instr11ment, executed wi'tho1J,t .ti~he lddnits of the province, other tha;9.-----<:;rants from the Crovm Orders. in Co:,ncil, instrumentP under i~he .seal of a.ny corrorl:'tion, ot C8-ve.sts requ.ired to be registered n'nder the provision8 of this Act, sh8ll be witnesoed by tne person who sha.ll sign his name tiJ the instrument vs a witness, rs.nd who shall apre'1r before n ·1e 0f the follow- ing t'erc•)ns; and m:;.ke nn a.ffidavi t in, t}JA se.id form (

a) If n,nde in !'my rrovince of C&nada, bef'rq:-e r-t jud3e of a.hy court of record, P.ny comrrrissionr::er authorized to take affidavits in such province for use in any court of record in tho province, or before any notary public under hiG official seal; or

1n Gre'.lt Britain or Ireland. In British colonies. In a foreign country. Protection me1t t. :Sxceptions. Mortgagor in def'a 1Jl t. -53·- (

b) If made in Great Britain or !roland, before a j1..1d:_:e of the Supreme Court of tTudicature in Englnnd or IrP1qnd, or of the Court of Sessions or of the Judiciary Court in Scotland, or a ,judge of e:ny of the county conrts within his county, or the mayoll1 of any ci t:1 or incorpo:nated town uncler tt- common seol of such city or town, or befcre P'1;T commissioner in Great BTi tain or Ireland, a11 thoTized to tsxe af-fidr;vi ts therein, f0r use in any court of record in the province, or ~" nota.ry rmblic 1 mder his offici:::·l Sf·<Jl; or (

c) If m~de in any British colony or nnssession out of Canada, before a judge of a~y court of record, the mayor of 3ny city or incorporated town 'lilnder the comwon eeal of such city or town, or not'ory :rmb1ic under his official seal; or (

d) If made in 5.ny forei::_~::: c: ountr:v, before the mayor of any city or incorporated town, under the common seal of any such city or town, or before the British consul, vice-conaul~or consular agent residing therein, or before &.hy :judge of any court of record or a notary -public under his official seal. "REMEDIAL PRODEEDHW. Ejectment. 104. No action of ejectment or other :lction for the recovery of any land for which a certi.fi3ate of tlt1o O'>'VIlBT, ll·lt'ier this Act in respect t11ereof, exrJ8pt in v.ny of the follmil'ing c2.ses. th.c:. t: if3 'cc' ;-:·.:::.y:- (

a) The case of a mortgagee as aeatnst a mortgagor il} default;

' Encumbrancer in default. Lessee in default. Fraud. MiEdef:cription. Double regis tration. I n other o :-=. r e s certifioDte ab solute b::;y to acti.on. Indemni fio~:•.tion of pen:on dep rived of lrmci b:; fraud , etc. -54- The dase of an encumbrancee as against an. encum1)rancer in default; (c) • The case of a lessor as a~ainst a lessee in default; (d).

The case of a person deprived. of any land by fraud as against the owner of sucJ:1 land tnro' .. l::~h :frS.iJJ. or as B.P~ainst a nerson deri vint?: otherwise than ns a - ~ --( transferee bona fide for value, from or thr(n:leTh such owner t'brough fraud.; (e) • The ca~e of a person deprived of or claiming vny land i ncl 11ded in anw grant or certificate of ti tJ.e 6f"other land by misdee~ripti~n b~·Such bth~r land or of its bo1mdaries, as ag~dm"t the ov;ner of such mther land; (f).

The cacc of an owner clairling unde:t an instrumert1 of title prior in date of registration un(Jer thi8 Act~n 8ny case in wl1lch t~o or more Brants, o~·two or more certificRtes of title, or a ~rant and certificate og title, are reetstered under this Act in respect to the same land. 2. In any case, other than as aforesaid, the pro- duction of the certificate of title or a certified copy thereof shall be an absolute bar and estop~el to any such action a~~tnst the person named in such certificate of ti_tle as owL.er ot lessee of the land therein il.f!ecTibed. 105.

After a certificate o~ title h~s been grsnted therefor eny J.!erson d ern·i ved of any lFind, in confH-{Q11 eno e oJ:' frnml, or 1l~l the rec;istrs.tion of s.ny other pP.reon as owner of Fuoh l&"Clt'i, c:r 11, conseq~1ence of an7 ·rn=<ud, error, omicsion, or misdescrip~ion in any certificate

Action of damages. -5£)- of title or in any memorandum t!1ereon or ur)on t .e duplicate therof, may, in any case in which the land htls been inc- luded in twu or more grants from the Crown, bring and prosecute an action H.t law for the re~overy of darna::5es against such person as a jud3e appoints, and in any other :upon case against the personl\whose application the erroneous registration was made, or who acquired title to the land in question through such fraud, error, omission, or Proviso: ex- misdescription: Provided always, that except in the case cept in case of fraud, etc., of fraud or error occasioned by any omission, misrepresen defendant not liable for tation, or misdescription in the application of such damages. protection of bona fide pur chasers or mortgagees.

Exception. person to be registered as owner of such land, c1r in any inst!'U.lnent executed by him, such person shall, u~on a transfer of such land bona fide _for value. ceaae•~.t.o-be.--.: . ~ .-- .;,..._-~ . ' liable for the payment of any damages which, but ~or the transfer, might have been recovered from him under the provisions hereinbefore cont~ined. and such damages, with costs, may, in such last mentioned case, be recovered out of the assuramre 'fund hereinafter provided for, by action against the ret5istra.r as nominal defendant. 106.

Nothing in this Act contained shall be so inter- preted as to leave subject to action for recovery of damages ss aforesaid, or to action of ejectment 1, or to deprivation of land in respect to which he is registered as owner, any purchaser or mortgagee bona fide :~or val uable oonsiderqtion of land under this Act, on the plea that his transferror or mortgagor has be.an regif.!tered as owner through fraud or error, or has derived from _ .... or thro-ggh a person register~d as ·owner through fraud ·. ' ' ''"' \ or error, except in the case of misd~scription, as ment- ioned in

section one hundred and'~ur~

Action against registrar as nominal de fendant in certain cases. Recovery of damages from assurance fund. Action of damages against regis trar as nom inal defend ant, for loss through. omis- sions, etc. of officers. -56·- 107.

If the person against whom the action for damages is directed to be brought as aforesaid, is dead:, or cannot be found within the province, an~ .action for damages may be brought against the registrar as nominal defendant, for the purpose of recovering the a.mount of the said damages and costs against the said assur~nce fund; and in any such case, if :final judgment is recovered and also in any case in which damages are awarded in any nulla bona, or certifies costs awarded, cannot be the sheriff makes a return of u tha;&ny portion thereof, with recovered from such person, the Provincial Treasurer upon receipt of a certificate of the judge before whom the said action was tried, shall pay the amount of such damages and costs as are awar([ed, or the unrecovered balance thereof as the case may be, and shall charge the same to the account of the said assurance fund. 108.

Any person sustaining loss or damage through any omission, mistake or misfeasance of the inspector of land titles offices, or a registrHr, or an31~ of his officers or clerks, in the execution of their respective duties under the provisions of this Act, and any person deprived of any land, by the registration of ~:my other person as owner thereof, or by any error~ omission or misdescription in any certifiJate of title, or in any memorandum upon the same or upon the duplicatEt certificate thereof, and who, by tho provisions of this Aa:t, is barred from bringing an action of eject~ent.or·other action for the recovery of the land, may, in any case in which remedy by action for recovery of damages, here inbefore provided, is barred, bring an action against the registrar as nominal d'efendant, for recovery of damages; and if the plaintiff recovers final ;judgment

Recovery of .damages from assurance fund. Eroviso: Notice to be given to Attorney General and to registrar.

When costs are given to nominal de fendant_.:- Prescription \ of action '1 against regis trar or assVtrance fund •. ;\ Provisqr: Case of disability"<;.:, -57- against such nominal defendant, the judge before whom such action is tried shall certify to the fact of such judgment and the amo'ij..nt of the damages and cos:ts recovered, and the Provincial Treasurer shall pay the amount thereof out of the assurance fund aforesaid to the person entitled on production of an exemplification or certified copy of the judgment rendered: Provided always, that notice in writing of every such action, and the cause thereof, shall be served upon the Attorney General, and also upon the registrar, at least three calendar months before the commencement of such action. 109.

If in an~ suoh action, judgment is given .in favour of the nominal defendant, .or·the plaintiff dis_~ continues or becomes non-suited, the plaintiff shall be . . liable t.P- p~y the full. costs of' defending the' aoti~n; ·' ~nd -·the same, when ·taxed~ . shall be levied in t:q.,£3 name of ... , ' ~h' no~in~l defendant.\by the like p~oceas of:exe~ution as .in ordinary civil oases~ 110.

No action for :recovery of damages sustained " I -~' .. through deprivation of land, shall lie or be Bustained against the regist;rar, or against the assurq.noe fund -· fiforeeaid, unlwss the same is commenced within~he period ?·', .d:f J3l:lt years from the date of such de:pri vation::·: P-;·ovided nevertheless, that any person under the disab:Lli ty of in fancy, lunacy o~ _'liLnsouJ!l.dness of mind, may bring the actioni within s:!.x years .. :r.rom the. date on which the d:Lsabili ty ''·' ceased; and the ilaintiff in the action within six yea~ from the date on whi(t)l..s-p.ch disability defd,sedl, and the ~· . ' ~f' plaintiff in an~ e1uch aotion at whatever time it is brought, and the plaip:tiff in· any action· for ·the recovery

Case of neg lect to lodge caveat. Recovery of money paid out of assur ance fund. Proof of debt. If debtor is not in the province. Judgment by default. And to be final. Execution. ··58- of land, shall "be non-suited in anp: case in which lht appears to the satisfaction of the juige before whom such action is tried, that the plaintiff or th~ person through or under whom he claims title had notice by personal service, or otherwi,se was aware of' such delay and wilfully or collusively omitted to lodge a caveat or allowed the caveat to lapse. 111.

Whenever any amount has been pa1.d out of the said assurance fund on account of any person, the amount may be recovered from him, or if dead, from the estate of such :oerson, 'by ac!ion again~t his personal represent atives, in the name of the registrar; and a certi:f'ieate signed by the Provincial Treasuter of the payment out of the said assurance fund, sha.ll be sufficient proof of such debt; and whenever any amount has bee~1 paid. out of the :e.s::Etr>wce fund afores&.id. on aecount of E.ny rert3on who he..s e.br:conded, or who cannot 'be fou.nd within thE 1)rovince, s.:nd has left any real or personal estate within the same, a judge. ~pon the application of the registrar and upon the production of e, certificate signed by the Provincial Treasurer that t~e ru~ount has been paid in satisfaction of a judgment against the reg:tstre.r as nominal defendant, and p~ocfi'f of service of the writ in ' any of the modes provided by the ordinary procedure in the province. may allow the registrar to sign judgment agL1.inst such porson forthwith for the amount so paid out of the said assurance fund, together with the clbsts of the application; tmd_ such judgment shull be final, subject only to the right to have such judgment apened up. as may be provided in relation to orclina:ty procedure in the rrovince, in cc.ses of judgment by default; e.nd the

Appeal to judge from acts of registrar. Judge's powers. Costs.

Registrar may refer ques tions to judge for decision. -59- judgment shall be signed in like m1:lm1er as a final judgm ent by default S.y Q:efe:eJ.t in an adverse suit, and exec- ution may issue imiLediately; E<,nd if the person has not left real or persone.l estate v.i thin the r,rovi11ce suff icient to satj_sfy the amount for which execut:Lon has issued as aforesaid, the registrar may recover such amount, or the 1imrecoverec1 balance tr ... ereof, by information aeainst such person at &ny time thereafter in the Supreme Court of the North-West ~erritories or such other Court as may hereafter be constituted exercising within the province the juri~:.:diction, powers and ~uthority at the date of the passing of this Act exercised therein by the Supreme Courtnof the North West Territories, at the suit of the Attorney General. , 112.

If any rerson is dissatisfied with sny act. omission, refusal, decision, diredtion or order of a registrar, such person may require the registrar to set forth, in writing under his hand, the grounds of such act, omission, rt•fusal, decision, direction or order. and such rerson may then apply to the judge by petition, set- ting forth the erounds of his dissatisfaction; and the judge, having caused the registrar to be served with a copy of the petition, shall have jurisdiction to hear the said petition, s.nd to mske such order in the prend.ses, and ae to the costs of the parties appee.ring upon the petition as the circumstances of the case require. 113.

Whenever E!. question arises with regard to the· performance of any duty, or the exercise of ~!ny function by this Act conferred or imposed upon a regit~trar, or whenever in the exercj_se of any duty of a registn1r, a. , • queEtion arises as to the true construct:on or lega.l val idity or effect of any instrument, or ae to the persons

Form. ·Judge's powers. -60- entitled, or as to the extent ~r nature of the estate, right or i:'nterest, power or authority of. any pe,rson or class of persons, or e.s to the mode in whlhch any entry or memorandum ought to be made in the day-book, or reg- ister, or Ul:JOn any certificate of title or duplicate thereof, or as to any doubtful or uncertain right or interest stated, or claimed to be dealt with by the registrar, he ma.y refer the same in the form"~' in the ~

schedule to this Act, to the judge, who may allow any of the parties interested to appear before him end srunmon any other of such persons to appear and shew causer,_ ei¥her personally or by co11.nsel, attorney-at-la:w or advocate, in relation thereto; s>nd the judge, l}.aving regard to the per-sons appearing before him, whether summoned or not, shall decide the question, or direct any proceedings to be instituted for that purpose, and direct the particular form of entry or memorandum to be made as under the ci:t- cumstances appears to be just. In case of er- 114.

If it appears to the satisfaction of a registrar ror, fraud,etc the registrar that any duplicate certificate or other-instrument has may demand delivery of been issued in error, or containe any misdescription of the duplicate certi fice.te land, or boundarieE~, or that any entry, memorandum or of title, etc. endorsement has been made in error on or omitted from any f • ~- duplicate certificate, or o~her instrument. or that any v such duplicate cert:i;ficate,,inst~ent, entrY.:, memol'andum l \ \ ~.,. _/ or endorsement has been fraudulently or wrongfully obtained, or that any such duplicate certificate or instrument -··--- . is fraudulently or wrongfully retained, or if ·under any of the provisions of this Aot the registrar requires a duplicate certifi<~ate fot the purpose of making any me'morandum thereon, or for the purpose of wholly or partially cancelling'the same, he may, by written

Form. Intervention of judge in en.1ch case. WarrBnt of arrest. Examine.tion by judge. When juoge may order in:prison ment. -61- demand, in the form 11 ~1 ' in the

schedule to this Ac·t ~ to be ,• flerved upon such person or to be mailed to his last known post office address within the province, require the person to w1wm such duplicate certifics.te or instrument has been so lkssued, or by whom it has been so obtained <mr is retained, to deliver up the same, for the pur- pose of being cancelled, corrected or completed, e.s the case requires; and in case such person refuses or neglects to comply with such requisition, or cannot be found, the registr.s.r may apply to a judge to issue a summons for such person to appear befor1e {t.im and show cause why such dupl icate certificate or other instrwnent should not be del- 1 vel'ed up to be cancelled, corrected or completed as afore said, and if such person, when served personally or 1; the mode directed in such summons with the surrm.ons, neglects or refuees to attend before the jude;e at the time therein appointed, the judge may issue a warrant authorizi.ng and directing the person so summoned to be apprehended and brought before the said judge for examination. 115.

Upon the appearance before a judge of any person summoned or brought up by virtue of a warr~mt as aforesaid, the jude;e may examine such person upon oath, and in case it appears right so to do, may order duplicate such person to delfuver up the~crertlficate or other inst- rument as aforesaid; s.nd upon refusal or neglect l)y such person to deliver up the same, pursuant to the order, or to be put under oath,, or to be examined, or to answer ' any question touching the matter after being sworn, may comrrrit such person to the nearest common jail for any peri.od not exceeding :six mo'4ths, unlwss the duplicate certificate or other instrument is sooner delivtered up or sufficient explanation is m~de why the ~~e crumot b.e '

-62- done. · .. and in such case~, or in case such person has abe con- ded so that summons C8mnot be served upon him as herein- before directed;,, or in case a period of three months from the time of mailing the said demand to such person has elapsed before the duplicate certificate or other instru- ment has been returnecl to the reglb.strar, the judg1e may Cancellation direct the registrar to cancel or c:orrect or coq1plete or correction of instrument the duplicate certificate or other instrument in his bY judge's or4~r. poEsession, or any memorandum thereon relatin~ to the Other powers of judge.

Fees payable in advance. Amount e);i ,gible for .l ·assurance fund. land, and to substitute and issue if necessary a duplicate certificate or other instrument or make such memorandum as the circmostances of the case require, and the regis- trar shall obey such order. 116.

In any proceeding respecting land or ir:. respect of any transaction or contract relating thereto. or in respect of any instrument. caveat, memorandum or entry affecting ls.nd, the judge, by decr1se or order, map: direct the registrar to cancel, correct , substitute, or issue any duplicate certificr:te, or Jpake any memorandmn or entry thereon or on the certificate o£ title, and otherwise to do;; .. every act necesse.ry to give effect to the decree or order. ~SSU~ANCE FUND AND FEES. 117.

BefG>re the registrar shall perform any duty to be by-1'\ him performed under any of ·the provisions of this Act he shall, except as herein otherwise provideal, demand and receive the proper fee or fees therefor as fixed and ~!lieutenant settled by tarifif:made from time :to ttme by theA Governor in Council; and demand and receive for the assurance fund upon the registration of every grant of encumbered land, ary-d' upon every absolute transfer of land after the issue

Valuation of land, 4coounting for moneys received. -63- of the first certificate of title therefor, where the 1and WliS not encumbered at the time of registering the Grant, one-fifth of one per cent of the value of the land transferred if such value ampunts to or is less than five thousand dollars, and one-temth of one per cent on the additional value, when such value exceeds five thousand dolla~s; and upon every subsequent tran- sfer he shall demand and receive upon the increase of value simce the granting of the last certificate of:title one-fifth of one per cent if the increase is not more than five thousand dolla.rs, ancl one-tenth of one perc en~ on any excess over such :f;'i V{~ thous- and dollars: 2.

The value shall be ascertained by the oath , I or affirmation of the applicant, owner or ]person acquiri1.1g such land, or of such other person as the registrar believes to be acquainted with ~he value of the land, and whose oath or affirmation the reg- istrar is willing to accept; and if the registrar is not satisfied as to the correctness of the value so sworn to or affirmed, he may require sm~h applicant owner or person aqquiring the land to produce a cer t~ficate of the value, under the hand of ~ sworn valuator appointed by a judge, which certificate shall be received as conclusive evidence of the value for the purpose aforesaid. 118., Each registrar shall keep a correct account of all sums of money received by him in accordance with the provisions of this Act, and shall pa.Jl: the same to the Provincial Treasurer, at .snob t'limes and in such manner as are directed by the Lieutenant Governor in 0ouncil.

Cases when assurance fund is not ~iable for ;,d.amages. -64- 119. The Government of the Province may accept and receive from the Government of Canada or from the . ' ... ~ Governor in Council of Oanada such portion of the Assurance Fund formed under the Act of the' Parliament of Canada ljnown as The Territories Real Property Act and e&.

Document details

Collection	Alberta — Bills
Citation	L1 S1 10459
Type	bill
Volume / chapter	L1 S1 10459
Language	en
Format	json
Source	PROVINCIAL
Identifier	95208103d41193533c702dd2fcbc1c73d48e2479

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