4. free from all incumbrances. 5. And the said [covenantor], covenants with the said [covenantee], that he will execute such further assurances of the said lands as may be requisite. COLUMN II.-Continued. their appurtenances, and to have, receive and take the rents, issues, and profits thereof, and of every part thereof, to and for his and their use and benefit, without any let, suit, trouble, denial, eviction, interruption, claim or demand whatsoever, of, from, or by him the said covenantor or his heirs, or any person claiming, or to claim, by, from, under, or in trust for him, them, or any of them; 4. and that free and clear, and freely and absolutely acquitted, exonerated, and for ever discharged, or otherwise by the said covenantor or his heirs well and sufficiently saved, kept harmless, and indemnified, of, from, and against any and every former and other gift, grant, bargain, sale, jointure, dower, use, trust, entail, will, statute, recognizance, judgment, execution, extent, rent, annuity, forfeiture, re-entry, and any and every other estate, title, charge, trouble, and incumbrance whatsoever, made, executed, occasioned, or suffered by the said covenantor or his heirs, or by any person claiming or to claim by, from, under, or in trust for him, them, or any of them. 5. And the said covenantor doth hereby, for himself, his heirs, executors and administrators, covenant, promise, and agree with and to the said covenantee, his heirs and assigns, that he the said covenantor, his heirs, executors, or administrators, and all and every other person whosoever having or claiming, or who shall or may hereafter have or claim, any estate, right, title, or interest whatsoever, either at law or in equity, in, to, or out of the said lands and premises hereby conveyed or intended so to be, or any of them, or any part thereof, by, from, under, or in trust for him, them, or any of them, shall and will from time to time, and at all times hereafter, upon every reasonable request, and at the costs and charges of the said covenantee, his heirs or assigns, make, do, execute, or cause to be made, done, or executed, all such further and other lawful acts, deeds, things, devices, conveyances and assurances in the law whatsoever, for the better, more perfectly, and absolutely conveying and assuring the said lands and premises hereby conveyed or intended so to be, and every part thereof, with their appurtenances, unto the said covenantee, his heirs and assigns, in manner aforesaid, as by the said covenantee, his heirs and assigns, his or their Counsel in the Law, shall be reasonably devised, advised, or required, so as no such further assurances contain or imply any further or other covenant or warranty than against the acts and deeds of the person who shall be required to make or execute the same, and his heirs, executors, or administrators only, and so as no person who shall be required to make or execute such assurances shall be com COLUMN I.-Continued. 6. And the said [covenantor] covenants with the said [covenantee] that he will produce the title deeds enumerated hereunder, and allow copies to be made of them, at the expense of the said [covenantee]. 7. And the said [covenantor] covenants with the said [covenantee], that he has done no acts to encumber the said lands. 8. And the said [releasor] releases to the said [releasee] all his claims upon the said lands. COLUMN II.—Continued. pellable for the making or executing thereof to 6. And the said covenantor doth hereby, for himself, his heirs, executors, and administrators, covenant, promise and agree with, and to the said covenantee, his heirs and assigns, that the said covenantor and his heirs shall and will, unless prevented by fire or other inevitable accident, from time to time, and at all times hereafter, at the request, costs, and charges of the said covenantee, his heirs or assigns, or his or their Attorney, Solicitor, Agent, or Counsel, at any trial or hearing in any action, or suit at law or in equity, or other judicature, or otherwise, as occasion shall require, produce all and every, or any deed, instrument or writing hereunder written, for the manifestation, defence, and support of the estate, title, and possession of the said covenantee, his heirs or assigns, in or to the said lands and premises hereby conveyed, or intended so to be, and, at the like request, costs, and charges, shall and will make and deliver or cause to be made and delivered, true and attested or other copies or abstracts of the same deeds, instruments, and writings respectively, or any of them, and shall and will permit, and suffer such copies and abstracts to be examined and compared with the said original deeds by the said covenantee, his heirs and assigns, or such person as he or they shall for that purpose direct and appoint. 7. And the said covenantor, for himself, his heirs, executors, and administrators, doth hereby covenant, promise and agree with and to the said covenantee, his heirs and assigns, that he hath not at any time heretofore made, done, committed, executed, or wilfully or knowingly suffered any act, deed, matter, or thing whatsoever, whereby or by means whereof, the said lands and premises hereby conveyed, or intended so to be, or any part or parcel thereof, are, is, or shall or may be in anywise impeached, charged, affected, or incumbered in title, estate, or otherwise howsoever. 8. And the said releasor hath remised, released, and for ever quitted claim, and by these presents doth remise, release, and for ever quit claim, unto the said releasee, his heirs and assigns, all and all manner of right, title, interest, claim and demand whatsoever, both at law or in equity, into and out of the said lands and premises hereby granted, or intended so to be, and every part and parcel thereof, so as that neither he, nor his heirs, executors, administrators, or assigns, shall, nor may at any time hereafter, have, claim, pretend to, challenge, or demand the said lands and premises, or any part thereof, in any manner howsoever; but the said releasee, his heirs and assigns, and the A.D. 1874. A. D. 1874. COLUMN II.-Concluded. same lands and premises, shall from henceforth for ever hereafter be exonerated and discharged of and from all claims and demands whatsoever which the said releasor might or could have upon him in respect of the said lands, or upon the said lands. A. D. 1876. Preamble. Voluntary convey tain cases. СНАР. 44. An Act respecting Voluntary Conveyances. [19th May, 1876.] WHEREAS it is expedient to amend the law respecting Voluntary Conveyances: Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows: 1. Notwithstanding the provisions of the Statute passed in the ances valid in eer- twenty-seventh year of the reign of Her late Majesty Queen Elizabeth, and chapter four, no conveyance, grant, charge, lease, estate, incumbrance, limitation of use or uses, which is executed in good faith, and duly registered in the proper Land Registry Office before the execution of the conveyance to and before the creation of any binding contract for the conveyance to any subsequent purchaser from the same grantor of the same lands, tenements, or hereditaments, or any part or parcel thereof, or any rent, profit, or commodity in or out of the same, shall be, or be deemed, or taken to be, merely by the reason of the absence of a valuable consideration, void, frustrate, or of non-effect, as against such purchaser, or his heirs, executors, administrators, or assigns, or any person claiming by, from, or under any of them. Construction of Act. Short Title. 2. Nothing in this Act contained shall have the effect of making valid any instrument which is for any reason other than, or in addition to, the absence of a valuable consideration, void under the said statute or otherwise; nor shall anything in this Act contained have the effect of making valid any instrument as against any purchaser who has, before the passing of this Act, entered into a binding contract for, or received his conveyance upon, such purchase. 3. This Act may be cited for all purposes as the "Voluntary Conveyances Act, 1876." CHAP. 45. An Act respecting the Appointment of Coroners. [18th April, 1877.] HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, A. D. 1877. 1. It shall be lawful for the Lieutenant-Governor in Council from Lieutenant-Governtime to time, and whenever he shall think fit, to appoint by Letters or may appoint Patent under the Public Seal of the Province one or more Coroners in and for the Province of British Columbia, or for any less extensive jurisdiction which the said Lieutenant-Governor in Council may deem it proper to confer. Coroners. 2. This Act may be cited for all purposes as the "Coroners' Act, Short Title. 1877." CHAP. 46. An Act to Incorporate the Israelite Congregation named "The A.D. 1864. Emanuel of Victoria, Vancouver Island." [7th July, 1864.] HEREAS a Congregation of Israelites of the City of Victoria Preamble. being desirous of fulfilling the Ordinances of their Religion, have formed themselves into a Congregation under the style of "The Emanuel of Victoria, Vancouver Island," and have established certain Rules and Articles embodied in Articles of Constitution for their Government: Be it therefore enacted by the Governor, on Her Majesty's behalf, by and with the consent and advice of the Legislative Council and Assembly of Vancouver Island and its Dependencies, as follows: 1. That the existing members of the said congregation, and all Incorporation of the such Congregation Emanpersons as from time to time hereafter may become the mem- uel. bers of the same according to the articles of constitution aforesaid, or any articles of constitution for the time being in force under the said constitution, shall be a body politic and corporate in deed and in law, by the name of "The Emanuel of Victoria, Vancouver Island," for carrying into effect the fulfilment of the Ordinances of the Israelitish persuasion according to the orthodox order, and shall A. D. 1864. Articles of constitution, &c., to be deposited. Powers of the corporation. Right of holding and recovering securities in the corporate name. Contracts of the corporation. Contracts under seal. Contracts required by law to be in writing. Parol contracts. Seal to be used on passage of a resolu for all legal purposes be known by such appellation, and shall have a corporate seal, with the name of the said corporation imprinted thereon, in the words following: "The Emanuel of Victoria, Vancouver Island," and shall be governed by such articles of constitution as may be for the time subsisting by virtue of the said consitution. 2. That a copy of the articles of constitution aforesaid shall be deposited with the Colonial Secretary, verified by the president and secretary of the said congregation, within fourteen days from the passage of this Act, and that a copy of any resolution in anywise altering or repealing any of the provisions of the said constitution, and verified in manner aforesaid, shall be likewise deposited with said Colonial Secretary, within the time aforesaid. 3. That the said body corporate shall have and enjoy all such rights, powers, and privileges, as by common or statute law, or in equity, appertain and relate to a corporation aggregate. 4. "The Emanuel of Victoria, Vancouver Island," from and after the passage of this Act, shall be capable of holding, taking, and receiving, in its corporate name, all moneys, bonds, notes, mortgages, and other securities in which any portion of the funds of the congregation may be from time to time invested, and shall sue and be sued in its corporate name. 5. The contracts or deeds of the corporation may be made as follows: Any contract, agreement, or deed, which, if made between private persons, would be by law required to be in writing, and if made according to English law, to be under seal, may be made on behalf of the corporation in writing, under the corporate seal of the congregation, and such contract may be in the same manner varied and discharged: Any contract, which if made by private persons, would be by law required to be in writing, and signed by the parties to be charged therewith, may be made on behalf of the said corporation in writing, signed by the president, and countersigned by the secretary, and such contract may in such manner be varied or discharged: Any contract, which if made between private parties, would by law be valid, and although by parol only and not reduced into writing, may be made on parol on behalf of the said corporation, by any person acting under the expressed or implied authority of the said congregation, and such contract may be in the same way varied or discharged. 6. The scal of the said corporation shall be attached to all instrution of the board of ments requiring the attachment of the said seal, by the secretary of the said corporation, upon the production of a resolution of the board of officers directing the same. officers. |