or other person sees fit to accept such bond or policy as CHAP. 135. aforesaid, and approves of the conditions and terms thereof.

acts relating to

given by any

6. All the provisions in any such Act relating to the Provisions of security to be given by any person to whom any duty is securities to be committed, or his surety or sureties, shall apply to the bonds person, his or policies of guarantee of a guarantee company.

sureties, &c., shall apply.

policies may be

substitution.

7. The bonds or policies of guarantee of any guarantee Such bonds or company may be taken instead of or in substitution for any taken in existing securities, if the person directed or authorized to take such securities sees fit, whereupon the existing securities shall be delivered up to be cancelled.

8. The interim receipt of a guarantee company may be Interim receipt. accepted instead of the formal security, but such formal security shall be completed within one month from the date of the interim receipt.

CHAPTER 135.

OF THE ACCEPTANCE, HOLDING AND TRANSFER
OF PROPERTY BY RELIGIOUS AND

CHARITABLE CORPORATIONS.

and bequests to

ations, &c.,

1. All grants, devises and bequests of real and personal Grants devises property heretofore made to any religious or charitable religious corporcorporation, or any incorporated institution of learning, or declared valid any body of persons incorporated for the purpose of managing and effectual. or governing any institution of learning, are hereby declared to be valid and effectual for the purpose of vesting such property in such incorporated body, notwithstanding such incorporated body was not by its Act of incorporation, or any amending Act, empowered to take or hold real or Proviso. personal property, or notwithstanding any limit in such Act as to the amount of real or personal property which such incorporated body was empowered to take or hold: Provided that this Chapter shall not extend to render valid or effectual any grant, devise or bequest that is to be void for any other reason. 1890, c. 31, s. 1.

CHAP. 135. Corporations may sell or mortgage real property.

Corporations

may take hold,

2. Any religious or charitable corporation or incorporated institution of learning, or body of persons incorporated as aforesaid, may sell or mortgage any of its real property by way of security for any money borrowed for the purposes of the corporation, such mortgage to be executed under the seal of the corporation, and the hand of the president or other chief officer of the corporation. 1890, c. 31, s. 2.

3. Any such religious or charitable corporation or incorsell or mortgage porated institution of learning, or body of persons incorporreal or personal ated as aforesaid, may lawfully take, hold, convey, sell or mortgage any real or personal property, whether authorized to do so by its Act of incorporation or not. 1890, c. 31, s. 3.

property.

CHAP. 136.

TITLE XIX.

OF REAL PROPERTY.

CHAPTER 136.

OF THE LAW AND TRANSFER OF REAL

PROPERTY.

ALIENS.

foreign

1. Aliens and companies incorporated out of Nova Aliens and Scotia may take, hold, convey, and transmit real property companies may situated in the province. R. S., c. 86, s. 1; 1891, c. 20, s. hold, transmit 1; 1898, c. 12, s. 1; 1899, c. 16, s. 1.

and convey.

valid notwithstanding

2. No title to real property shall be invalid on account Title to land of the alienage of any former owner or holder thereof, or because the same was formerly owned or held by a company alienage or incorporated out of Nova Scotia. R. S., c. 86, s. 2; 1891, of former owner. c. 20, s. 2.

foreign charter,

invalid before

3. Nothing in this Chapter shall have the effect of con- Exception in firming or rendering valid the title or claim of any alien respect to titles invalid or incapable of being enforced on account of alienage, 1954. on the thirty-first day of March, A. D., 1854. R. S., c. 86, s. 3

JOINT TENANCY AND TENANCY IN COMMON.

tenancy in

persons Estate to two or unless more, to be a estate common unless them declared joint

expressly

4. Every estate granted or devised to two or more in their own right shall be a tenancy in common, expressly declared to be in joint tenancy; but every vested in trustees or executors as such shall be held by in joint tenancy. This section shall apply as well to estates cation to estates already created or vested as to estates hereafter to be granted or devised. R. S., c. 87, s. 1.

5.

ESTATES TAIL.

tenancy-appli

already vested.

abolished and

All estates tail are abolished; and every estate which Estate tail hitherto would have been adjudged a fee tail, shall hereafter declared fee be adjudged a fee simple, and may be conveyed and devised simple. or descend as such. R. S.,. c. 88, s. 1.

CHAP. 136.

Estate on death of sole trustee or mortgagee,

his testamentary

disposition, to vest in his personal

representatives, and be treated as if a chattel real.

TRUST AND MORTGAGE ESTATES ON DEATH.

6.-(1.) Where an estate or interest of inheritance, or limited to the heir as special occupant in any lands, is vested notwithstanding on any trust or by way of mortgage in any person solely, the same shall on his death, notwithstanding any testamentary disposition by such person, devolve to and become vested in his personal representatives in like manner as if the same was a chattel real vesting in them; and accordingly all the like power to dispose of and otherwise deal with the same shall belong to the personal representatives of the deceased, with all the like incidents, but subject to the like rights, equities, and obligations as if the same was a chattel real vesting in them; and for the purposes of this section the personal representatives for the time being of the deceased shall be deemed in law his heirs and assigns within the meaning of all trusts and powers.

Exception as to death before 17th April, 1889.

Contingent uses

and powers may

be created by

(2.) This section does not apply in cases of death before the seventeenth day of April, A. D., 1889, and does not apply in any case where the deed, will, or other instrument creating the trust expressly provides that it shall not. 1889, c. 18, s. 4.

DEEDS OF BARGAIN AND SALE,

7. Contingent uses and powers may be created by a deed

deed of bargain of bargain and sale, or by a covenant to stand seized to uses. 1885, c. 33, s. 1.

and sale or

covenant to

stand seized to
uses.
Deeds in
execution of

powers created

by deeds of

bargain and sale

to be valid.

Land may be conveyed by person to

himself jointly with another,

8. Deeds heretofore made or hereafter to be made in execution of powers created by deeds of bargain and sale, shall be as good and effectual, for the purpose of conveying the estate or interest purported to be conveyed thereby, as if the power was created by a feoffment. 1885, c. 33, s. 2.

9. Freehold land may be conveyed by a person to himself jointly with another person, by the like means by which it might be conveyed by him to another person; and may in to wife and wife like manner be conveyed by a husband to his wife and by a wife to her husband, alone or jointly with another person, E., 44 & 45 Vic. c. 41, s. 50.

and by husband

to husband.

Proceeds of land sold in an

action to be

personal assets

ASSETS FOR PAYMENT OF DEBTS.

10. When any person dies seized of land, and the same administration, is sold by the Supreme Court or a judge thereof, in au administration action, the proceeds thereof shall be personal assets in the court, to be administered for the payment of the just debts of the person whose estate is being administered in the said court. 1890, c. 14, s. 3.

and applied to payment of debts

Specialty debts not to have priority in administration

nless constituted a lien.

11. In the administration of the estate of every person, no debt or liability of such person shall be entitled to any

preference by reason merely that the same is secured by, CHAP. 136. or arises under, a bond or other instrument under seal, or is otherwise made or constituted a specialty debt, but all the creditors of such person, as well specialty as simple contract creditors, shall be treated as standing in equal degree and be paid accordingly out of the assets of such deceased person, whether such assets are legal or equitable, any statute or other law to the contrary notwithstanding: Provided always, that this section shall not prejudice or affect any lien, charge, or other security, which any creditor holds or is entitled to for the payment of his debt. 1890, c. 14, s. 4.

EXECUTORS OF MORTGAGEES.

administrators,

12. All releases of mortgages and assignments thereof Executors and heretofore or hereafter made by the executors or adminis- releases and trators of the mortgagee of lands shall be as good, valid, and assignments of effective in law as if the heirs of the mortgagee had united valid. in such release or assignment. 1885, c. 32, s. 1.

mortgages by,

administrators,

13. All deeds of lands heretofore or hereafter made Executors and under suits for the foreclosure of mortgages brought by the actions by, for executors or administrators of mortgagees shall be as good, foreclosure and valid, and effective in law as if the heirs-at-law of such deed on, mortgagee were parties to such suits. 1885, c. 32, s. 2.

SALES BY THE COURT.

"sale valid, and

14. The Supreme Court or any judge thereof shall have the power to order the sale of real property in all cases in which any court or a judge in England has power to order sale of real property. 1890, c. 14, s. 1.

a

effective.

Sales of land may be made by

court or judge as in England.

conducted by

15. Where an order is made, whether in court or in sales to be chambers, directing any land to be sold, the same shall be sheriff or by sold, unless the court or a judge otherwise orders, by the person sheriff of the county in which the land or part of the land order. lies. 1890, c. 14, s. 5.

the

16.

designated in

executed by.

In every such case the deed shall be executed by Deeds to be person authorized to make such sale, and such deed, when sheriff or person delivered to the purchaser, shall convey the land ordered to designated. be sold.

1890, c. 14, s. 6.

made valid,

confirmed.

17. All sales and deeds of land ordered to be sold here- Former sales tofore made by any person authorized by the court or a judge although not to make the same, shall be deemed good and effective for vesting in the purchaser such land, although such sales and deeds were not confirmed by the court or a judge. 1890, c. 14, s. 7; 1885, c. 31, ss. 1, 2.

18. Any of the parties to the action or proceeding in Party to action which an order directing a sale of land is made may purchase may bid at sale.