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Amends s. 17.

Land, etc., to be transmitted on

this Act shall, directly or indirectly, act as the agent of any corporation, society, company, person, or persons investing money and taking securities on real estate within his district; nor shall such Inspector of Legal Offices, Registrar-General, District Registrar, Examiner of Titles, officer, or clerk advise, for any fee or reward or otherwise, upon titles to lands, or practise as a conveyancer, nor shall he carry on or transact within the office any business or occupation whatever other than his duties under this Act; nor shall such Inspector of Legal Offices, Registrar-General, District Registrar, Examiner of Titles, officer, or clerk practise as a barrister or solicitor upon pain of dismissal from office for any offence against this section."

5. Section 17 of said chapter 127 is hereby amended by inserting the words "nor any grant of coal or petroleum only under the 'Coal and Petroleum Act"" in the fourth line thereof.

6. Said chapter 127 is hereby further amended by inserting the following as section 18A thereof:

"18A. Whenever any land, mortgage, or encumbrance becomes the death of owner, etc. subject of a transmission, the person claiming to be entitled to such transmission shall, before the registration of any dealing therewith by him, make application in writing to the Registrar to be registered as owner thereof, and the Registrar may, pursuant to such application, transmit such land, mortgage, or encumbrance to such person; and if he become registered as owner thereof as executor or administrator of a deceased person, he shall thereupon, in case of mortgage or encumbrance, be invested with all the rights and powers which the deceased owner was possessed of, and the title of the executor or administrator to such land, mortgage, or encumbrance shall relate back and take effect as from the date of the death of the deceased owner."

Where land encumbered certificate of title to remain in Land Registry Office.

Certificate of charge.

How much land

application may contain.

7. Said chapter 127 is hereby further amended by inserting the following as sections 20A and 20e thereof :

“20A. In every case where land is subject to a mortgage or encumbrance signed by an owner, the certificate of title shall be deposited with the Registrar, who shall retain the same on behalf of all persons interested in the land mentioned in such certificate. The Registrar shall, if desired, furnish to the owner of such mortgage or encumbrance a certificate of charge; and before any dealing with or discharge of said mortgage or encumbrance is registered, said certificate of charge shall be delivered up to the Registrar to be cancelled:

"Provided, however, that the Registrar may dispense with such production upon satisfactory evidence being produced of the loss or destruction of such certificate.

"20B. Contiguous country lands (a road not to be considered a break in the contiguity), or any number of lots under the same plan

of subdivision, may be included in the same application; but in no case shall a first or subsequent certificate of title issue for more than fifty lots or for unsubdivided lands which are not contiguous country lands."

8. Section 22 of said chapter 127 is hereby amended by striking Effect of certificate out the first six lines, and substituting the following therefor: of indefeasible title. "22. (1.) Every certificate of indefeasible title issued under this Act shall, so long as same remains in force and uncancelled, be conclusive evidence at law and in equity, as against His Majesty and all persons whomsoever, that the person named in such certificate is seised of an estate in fee-simple in the land therein described against the whole world, subject to—"

subsec. (1), s. 22.

9. Paragraph (a) of subsection (1) of said section 22 is hereby Amends par. (a), amended by inserting the words "subsisting exceptions or " before the word "reservations" in the first line thereof.

10. Paragraphs (b) and (c) of said subsection (1) of said section 22 are hereby repealed, and the following is substituted therefor: "(b.) Any Provincial tax, rate, or assessment at the date of such certificate or which may be thereafter imposed on land, or which has thereafter been imposed, and which is not then due and payable:

"(c.) Any municipal charge, rate, or assessment at the date of such certificate or which may be thereafter imposed on the land, or which has thereafter been imposed for local improvements or otherwise, and which is not then due and payable."

Amends pars. (b) s. 22.

and (c), subsec. (1).

11. Paragraph (g) of subsection (1) of said section 22 is amended Amends par. (g), by inserting the words "or other" before the word "charge" in subsec. (1), s. 22. the second line, and by inserting the word "any" before the word "assignment" in the second line.

12. Section 34 of said chapter 127 is hereby amended by striking Amends s. 34.

out the last five words, and inserting in lieu thereof the following:

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13. Said chapter 127 is further amended by inserting the follow- Enacts s. 35A. ing as section 35A:

"35A. No instrument purporting to create a charge under a sub- Agreements for sale to be registered. agreement shall be registered unless the person who is entitled to be registered for the first right to purchase, and also all intermediate agreements and assignments, are first registered."

14. Said chapter 127 is hereby further amended by inserting the following as subsection (2) of section 36 thereof:"(2.) In case of land being sold for taxes, the proper officer of the Registrar to be Government, or treasurer of a municipality, as the case may be, sold for taxes.

notified of land

Re-enacts ss. 41

and 42.

Municipal officers may have access to Land Registry Offices.

Application for registration of Crown grant to state assessment district.

Amends s. 44.

Re-enacts s. 50.

Trust estates to be recognized.

shall forthwith after such sale notify the Registrar of the district in which such lands lie that such lands have been sold for taxes, giving the date of such sale and the name of the purchaser of said lands and the amount for which the land was sold. The Registrar shall file such notice and make a reference to the same in the proper register."

15. Sections 41 and 42 of said chapter 127 are hereby repealed, and the following is substituted therefor:

"41. The officers of any municipality shall, without charge, be entitled to search the books and records of any Land Registry Office respecting land within the municipal limits for the purposes of taxation or matters incidental thereto, and for that purpose any competent person approved by the Attorney-General employed by such municipality for such purpose shall be admitted into such Land Registry Office.

"42. Every application for registration of a Crown grant of land, mineral claim, placer claim, or coal claim shall state the assessment district in which such mineral claim, placer claim, or coal claim is situate."

16. Section 44 of said chapter 127 is hereby amended by striking out the words "(in the Province)" in the second and third lines thereof, and inserting the words "(residing in the Province and of the full age of twenty-one years)" in lieu thereof.

17. Section 50 of said chapter 127 is hereby repealed, and the following is substituted therefor :

"50. (1.) Whenever any land or any estate or interest therein is vested in any executor, administrator, or trustee, no particulars of the purposes or trusts created or declared in respect of the same shall be made in the register or on the certificate of title, but a memorandum thereof shall be made in the register and on the certificate of title by the words in trust' or 'upon conditions' or other apt words, and by a reference by number to the instrument creating the same.

"(2.) When any such memorandum has been entered upon the register and upon the certificate of title, no instrument purporting to transfer, mortgage, or otherwise deal with the same shall be registered unless

"(a.) Such transfer, mortgage, or other dealing is expressly authorized by the instrument creating the trust or purpose; or

"(b.) A judgment or order has been obtained from the Supreme Court or a Judge thereof (1) construing the instrument in favour of such authority, (2) or ordering and directing such transfer, mortgage, or other dealing, a copy of which

judgment or order has been filed with the Registrar; and

a reference to such judgment or order shall be made on
such certificate of title and on the register."

18. Section 54 of said chapter 127 is hereby amended by adding

the following as subsection (2):

of administration

"(2.) If the property of a deceased person consists entirely of Where no letters real estate, so that letters of administration are not required to be may be granted. issued, such application for registration may be received upon the filing with the Registrar of a certificate from the Minister of Finance and Agriculture that all succession duties and like fees as are required to be paid under the Probate Duty Act' when probate or letters of administration issue have been paid."

19. Section 58 of said chapter 127 is hereby repealed, and the Re-enacts s. 58. following section enacted in lieu thereof :

tering title of Crown

to forfeited lands.

"58. In any case where land the title to which has been registered Procedure for regishas been forfeited to the Crown for non-payment of taxes, or for any other cause whatsoever becomes vested in the Crown, the Collector or other officer acting in that behalf shall produce to the Registrar of the land registry district in which the land so forfeited or vested is situate a certificate under the hand of the said Collector or other officer, of such forfeiture or vesting, and setting out particulars of the land so forfeited or vested, and in case of non-payment of taxes setting out that the land so forfeited or vested has been publicly exposed for sale for delinquent taxes and that no sale had been effected and the amounts due are still unpaid, whereupon the land so forfeited or vested in the Crown for the use of the Province shall be registered by filing said certificate and making a reference thereto on the register-books against every title affected thereby; and thereupon any and all certificates of title or other certificates outstanding shall be deemed to be and shall be cancelled, in so far as they affect the land so forfeited or vested as aforesaid; and the title of the Crown upon such registration shall be conclusive and shall be deemed and taken to be the true and correct title from the day of the date of such registration, as regards all persons, free from encumbrance, and shall be conclusive evidence that every application, notice, publication, proceeding, consent, and act whatsoever. which ought to have been made, given, and done previously to the issuing of such certificate has been made, given, and done by the proper authority to the proper persons." 1908, c. 29, s. 2.

20. Section 62 of said chapter 127 is hereby amended by inserting Amends s. 62. the words "the title to which has been registered" after the word

"land" in the third line thereof.

21. Section 63 of said chapter 127 is hereby amended by striking Amends s. 63. out the words "or his" in the second line thereof, and inserting

the words "or his solicitor or" in lieu thereof.

Re-enacts s. 65.

Effect of caveat while in force.

Amends s. 66.

Repeals s. 74.

Amends s. 76.

Amends s. 77.

Acknowledgment by illiterate or blind person.

Acknowledgment by person who cannot read or speak English.

Amends s. 78.

Amends subsec. (2), 8. 80.

Acknowledgment by attorney.

22. Section 65 of said chapter 127 is hereby repealed, and the following is substituted therefor

"65. So long as any caveat prohibiting the transfer or other dealing with any land, mortgage, or encumbrance remains in force, the Registrar shall not register any instrument purporting to transfer, mortgage, or encumber the land, mortgage, or encumbrance in respect to which such caveat is lodged, unless such instrument be expressed to be subject to the claim of the caveator."

23. Section 66 of said chapter 127 is hereby amended by inserting the words" any estate or interest in the " after the word "claiming " in the first line thereof.

24. Section 74 of said chapter 127 is hereby repealed.

25. Section 76 of said chapter 127 is hereby amended by adding the following thereto: "and no application shall be deemed to have been made until the fees due on same shall have been paid."

26. Section 77 of said chapter 127 is hereby amended by adding the following as subsections (2) and (3) thereto :

"(2.) Where the execution of any deed or instrument is being acknowledged or proved by any person who appears to the officer taking such acknowledgment or proof to be illiterate or blind, such officer shall state in his certificate that the deed or instrument was read in his presence to such person by whom such execution is being acknowledged, and that he seemed perfectly to understand the same and made his signature in the presence of the officer.

"(3.) In case such acknowledgment or proof is being made by a witness to the execution by a person who cannot speak, read, or write English, such witness shall prove that such deed or instrument was before execution interpreted to the party executing the same by such witness in a language understood by the person so executing such deed or instrument (stating the language into which it was so interpreted), and that the person so executing such deed or instrument appeared perfectly to understand the same and did make his signature thereto in the presence of such witness."

27. Section 78 of said chapter 127 is hereby amended by striking out all the words after the word "contrary " in the second last line thereof.

28. Subsection (2) of section 80 of said chapter 127, as amended by chapter 15 of the Statutes of 1912, is hereby repealed, and the following subsection enacted in lieu thereof:

"(2.) Provided further that no acknowledgment by an attorney in fact shall be taken unless, in addition to what is required by the last preceding section, such attorney in fact shall acknowledge that

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