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he is the person who subscribed the name of (naming the maker) to the instrument, that said (naming the maker) is the person mentioned in the instrument as the maker thereof, that (naming the attorney in fact) knows the contents of the instrument and subscribed the name of (naming the maker) thereto voluntarily as the free act and deed of the said (naming the maker); and such certificate of acknowledgment shall, in addition to what is required by the last preceding section to be recited, recite in substance and legal effect the facts required by this proviso."
29. Paragraph (a) of section 84 of said chapter 127, as amended Amends s. 84, by chapter 15 of the Statutes of 1912, is hereby amended by adding thereto the following: "and proof of such fact shall be made to the Registrar at the time of filing such power of attorney."
30. Section 84 of said chapter 127, as amended by chapter 15 of Amends s. 84. the Statutes of 1912, is hereby amended by adding the following as
paragraph (c) thereto :
"(c.) Such power of attorney shall comply with the requirements of the Power of Attorney Act.'"
31. Said chapter 127 is hereby further amended by inserting the Enacts s. 85A. following as section 85A thereof:
of attorney respect
acquired by donor after execution of
power of attorney.
"85A. (1.) Every power of attorney shall, unless otherwise Operation of power expressed, confer upon the donee of such power the same rights and powers in respect of property acquired by the donor of such power after the execution of such power of attorney as is conferred upon the said donee by such power of attorney in respect to the property owned by the donor at the time of the execution of such power of attorney.
"(2.) This section shall apply, except as hereinafter mentioned, Application of foreto all conveyances, deeds, instruments, and assurances heretofore made or executed by any person acting under or purporting to act under a power of attorney, as well as to all conveyances, deeds, instruments, and assurances hereafter made or executed.
"(3.) This section shall not apply to any conveyance, deed, instrument, or assurance, transaction, or matter which had, prior to the passing of this Act, been attacked, called in question, or involved in litigation in any Court in Canada."
32. Said chapter 127 is hereby further amended by inserting the Caption added. caption "Subdivisions of Land" between sections 88 and 89 thereof.
33. Section 89 of said chapter 127 is hereby amended by adding Amends s. 89. the following thereto: "The provisions of the Land Act' as to the reconveyance to the Crown of one-quarter of certain lots in certain cases shall be strictly adhered to."
Amends par. (d), subsec. (1), s. 90.
Amends par. (d). subsec. (1), s. 90.
Permanent monuments of block outlines.
Amends par. (g), subsec. (1), s. 90.
Amends par. (a), subsec. (2), s. 90.
Amends s. 90.
How application to be made.
All land included in subdivision to be under one title.
Enacts s. 90A.
34. Paragraph (d) of subsection (1) of section 90 of said chapter 127, as amended by chapter 15 of the Statutes of 1912, is hereby amended by striking out the last six words thereof, and inserting the following in lieu thereof: "and the exact position of all posts as placed on the ground shall be shown on the plan, and if any offset is made it shall be shown upon such plan."
35. Paragraph (d) of said subsection (1) of section 90 is hereby further amended by adding the following proviso thereto :—
"Provided, however, that upon the request of the owner the Registrar may, subject to such conditions as he may think proper to impose, allow a subdivision to be made, and evidenced in the following manner: Instead of requiring a post or monument at each angle of each subdivision, there shall be erected, at proper intervals, monuments of a more permanent character than have heretofore been used; the said monuments, with the information on the plan showing the location of such monuments, shall be the evidence of the block outlines of such survey, and the registered plan of such subdivision shall be the evidence of the manner in which each block of land is subdivided into lots and parcels."
36. Paragraph (g) of subsection (1) of said section 90 is hereby amended by inserting the words " and the number of such former plan" after the word "lots" in the fifth line thereof.
37. Paragraph (a) of subsection (2) of said section 90 is hereby amended by striking out the word "may" in the fourth line thereof, and substituting the word "shall" therefor; and by striking out all the words thereof after the word "shown" in the fourth line.
38. Section 90 of said chapter 127 is hereby further amended by adding the following as subsections (4) and (5) thereof:
"(4.) All applications under subsections (2) and (3) of this section shall be supported by statutory declaration, setting forth fully the relief asked and the grounds relied upon, in the same manner as an application to a Court.
"(5.) No such plan shall be received on deposit unless all the land included therein and subdivided thereby is registered under one title in the register of indefeasible fees."
39. Said chapter 127 is hereby further amended by inserting the following as section 90A:
"90A. All railway and other companies and persons acquiring rights-of-way which require to be registered shall deposit with the Registrar plans in duplicate of the land taken for their right-of-way and station-grounds, or for any other purpose, and such plan shall be in accordance with the following provisions:
"(a.) The area taken from each section or district lot, as the
"(b.) The section or district lot lines according to the original
"(c.) When such right-of-way is through land which has been
(d.) The land taken or required shall be defined on the ground
40. Section 91 of said chapter 127, as amended by chapter 15 Amends s. 91. of the Statutes of 1912, is hereby amended by inserting the words "be made on tracing-linen in black india ink and unfixed vermilion, and shall" after the word "shall" in the first line thereof.
41. Subsection (5) of section 92 of said chapter 127, as amended Amends s. 92, by chapter 15 of the Statutes of 1912, is hereby amended by striking out the word "deposited" after the word "not" in the first line. thereof, and inserting the words "tendered for deposit" in lieu thereof; and by striking out the word "thirty" in the fourth line thereof, and substituting the word "sixty" therefor.
42. Subsection (6) of said section 92, as amended by chapter 15 Amends s. 92, of the Statutes of 1912, is amended by adding the following words: "In the case of land situate in an unorganized district, such certificate shall accompany the application to deposit such plan."
43. Subsection (7) of said section 92 is hereby amended by Amends s. 92, inserting the words "of a subdivision of land" after the word "plan" in the first line thereof; and by inserting the words "in the Form Q of the First Schedule hereto " after the word "application" in the third line thereof; and by adding thereto the following: "No certificate of title shall issue for any street, lane, avenue, road, highway, park, or public square so dedicated as aforesaid."
Amends s. 92, subsec. (9).
Enacts s. 93.
Plans for deposit, etc.
Enacts s. 94.
Sales of lots in a subdivision before plan registered to persons ignorant of
44. Subsection (9) of said section 92 is hereby amended by adding the following thereto: "or for the reason that no provision is made for widening existing streets or roads passing through or along the boundary of the land being subdivided, where such streets or roads. are less than sixty-six feet in width."
45. Said chapter 127 is hereby further amended by inserting the following as section 93:
"93. The Registrar shall not accept plans under this Act for deposit or any other purpose of record any part of which is stamped, printed, typewritten, stencilled, lithographed, or engraved."
46. Said chapter 127 is hereby further amended by inserting the following as section 94:
"94. If any person or corporation shall sell or convey, or agree to sell or convey, any lots or parcels of land by number or letter accordthe non-registration ing to any plan or subdivision of any property before such plan has
may be afterwards rescinded by purchasers.
Amends s. 96.
S. 96 further amended.
been deposited according to law, the purchaser of any such lot or parcel of land, without knowledge of the non-deposit of the plan, or of the necessity for the same, or any person claiming under him, may at his option, on acquiring such knowledge, rescind the contract of purchase and recover back any money paid thereunder with lawful interest and any taxes or other expenses incurred by him in consequence of such purchase; and he shall in such case have a lien on such lot or parcel for all such moneys as against the vendor's interest in the said lot or parcel, but the vendor shall nevertheless be bound by any such contract, deed, or conveyance if the purchaser does not rescind the same.”
47. Section 96 of said chapter 127 is hereby amended by striking out the word "said " in the first line, and inserting the word "any in lieu thereof; and by striking out the word "name" in the third line, and inserting the word "number" in lieu thereof; and by inserting the words " and refer to the deposit number thereof " after the word "thereto" in the sixth line thereof.
48. Section 96 of said chapter 127 is further amended by striking out the third proviso, and inserting the following in lieu thereof:"Where in any plan heretofore or hereafter deposited there is any omission, clerical error, or other defect, the Registrar may on a copy or duplicate of such plan have such omission, error, or defect corrected in such manner as to him may seem best, and he shall thereupon enter upon the original plan an order stating in what respect it stands amended by the corrected plan, and shall enter upon the corrected plan an order directing it to be filed with the original plan; and upon such filing the corrected plan shall be deemed to be substituted for the original plan, and thereafter the original plan shall for all purposes be deemed to have been so amended or corrected from the time of its being deposited, and the
description of land in any instrument shall thereafter be construed as if it referred to such corrected plan; but such amendment or correction by the Registrar shall not affect or impair the rights of any person as existing when such amendment or correction is made."
49. Section 98 of said chapter 127 is hereby repealed, and the Re-enacts s. 98. following is substituted therefor:
"98. Every plan or map that shall hereafter be deposited in a Plans to be on Land Registry Office under the provisions of sections 90, 90, 91, and 92 shall be and shall be made on tracing-linen not exceeding thirty inches in width, and shall be accompanied by at least two blue-prints thereof made on No. 130 quality linen-backed blue-print paper, or similar paper. One blue-print shall be for the use of the Municipal or Provincial Assessor, according as the land is or is not in a municipality, and shall be delivered by the Registrar to such Assessor upon application therefor. The scale on which a map or plan is drawn shall be marked on the map or plan. In case the lots or parcels shown on said plan are less than one acre in area, the said scale shall show the number of feet to the inch on said plan; and in the case of lots or parcels of one acre or more in area, the scale shall show the number of chains to the inch on said plan." 50. Section 99 of said chapter 127 is hereby repealed.
S. 99 repealed. 51. Section 104 of said chapter 127 is hereby amended by inserting Amends s. 104. the following as subsection (3) thereof:
"(3.) For the purpose of this Act, the Registrar, Examiner of Notice of sale, proceedings. Titles, or other officers of the Land Registry Office shall not have notice of, or be bound by, any proceedings taken by any mortgagee or encumbrancer under his mortgage, security, or encumbrance for the purpose of foreclosing, selling, or otherwise realizing upon his said security or encumbrance, unless such mortgagee or encumbrancer shall have filed a certificate of lis pendens or, in case of proceedings under power of sale, a notice of such proceedings in the Land Registry Office for the district in which the land is situated."
52. Section 114 of said chapter 127 is hereby amended by inserting Amends s. 114. the words" and such other persons as the Judge may direct" after
the word "Titles" in the eighth line thereof; and by inserting the
following proviso at the end of said section:
Except as in section 50 provided, the Registrar shall not issue Title to be good any certificate of title under an order of Court unless such order marketable. declares that it has been proved to the satisfaction of the Court that the title of the person to whom the certificate of title is directed to issue has been found, upon investigation, to be a good safeholding and marketable title."
53. Subsection (4) of said section 121 of said chapter 127 is Amends s. 121, hereby further amended by adding thereto the following: "or he subsec. (4).