THE CARSWELL COMPANY LIMITED

Il'^l

No. 85. 1911.

BILL

An Act respecting the Support of Illegitimate Children.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — •

1. This Act may be cited as The Illegitimate CTiildren's ^^^^^ ^^^^^ Act.

2. — (1) Any person who furnishes food, clothing, lodging The father of or other necessaries, to any child bom out of lawful wed- ^3^^.^"^^,^*}^/^ lock, may maintain an action for the value thereof against 'i^bie for

' 'J ^ ^ •-> ^ necessaries.

the father of the child, if the child was a minor at the time the necessaries were furnished, and was not then residing with and maintained by his reputed father as a member of his family. R.S.O. 1897, c, 169, s. 1.

(2) Where the person suing for the value of the neces--vvhen other saries is the mother of the child, or a person to whom the ^^^^'^^^y^ ^^ mother has become accountable for tie necessaries, the the mother

TGouisit©

plaintiff shall not be entitled to recover unless the ff, t of the defendant being the father is proved by other testim ly than that of the mother, or her testimony is corroborat 'f' jy some other material evidence of that fact. R.S.O. 189 , c. 169, s. 2. Amended.

3. "No action shall be sustained under the n( -ecedingNo action

. . 1.11 1 •! maintainable

section, unless it is shown upon the trial thereo at while unless the the mother of the child was pregnant with, or thin six makes affi- months after the birth of the child, she had volun .ly made ?^" irth^^o? an affidavit before a Justice of the Peace for county, ^jthS^'^ix''

district or city in which she then resided, declar that the "^°"ths ^■^t®''- person afterwards charged in the action is reall c^ne father of the child, nor unless such affidavit was deposited within that time, in the office of the Clerk of the Peace of the county or district, or of the clerk of the council of the city. R.S.O. 1897, c. 169, s. 3. 86

2i

Such affi- 4. The affidavit &h&\\ not be evidence of the fact of the

be evidence, defendant being the father of the child. R.S.O. 1897, c. 169, s. 4. • V

other reme- 5, This Act shall not take away or abridij-e any rio;ht of

Qies not to , , • ^ *' CI

be affected, action or remedy which, without this Act, might have been maintained against the father of an illegitimate child. R.S.O. 1897, c. 169, s. 5.

Repeal. 6. Chapter 169 of the Revised Statutes, 1897, is repealed.

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No. 86.

1911.

BILL

An Act respecting the Study of Anatomy.

Shobt title, s. 1. Interpeetation, s. 2.

InSPECTOBS of anatomy — AP- POINTMENT, DUTIES AND FEES, SS. 3, 8.

What bodies may be delivered

FOR dissection AND TO WHOM, S. 4.

Duty to inter body, s. 5.

To WHOM bodies to be delivered,

8. 6.

Body may be claimed by friends, s. 7.

Duties of local inspector, s. 8.

Notice to be given by inspector OP HIS appointment to cer- tain PERSONS, S. 9.

Notice to inspector by coroner, ETC. SS. 10-13.

Register to be kept by superin- tendents OF public institu- tions, s. 13, (2).

Security to be given by medical SCHOOLS, s. 14.

Penalties :

Neglect of duty by inspectors, etc., s. 15.

Removal of bodies from Prov- ince, s. 16.

Recovery of, s. 17. Burials by municipalities, s. 18. Repeal, s. 19.

HIS MAJESTY, by and witJi the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : —

1. This Act may be cited as The Anatomy Act. E.S.O. short title. 1897, c. 17Y, s. 1. '

2. In this Act,

" Medical School " shall mean and include the Faculties interpreta- of Medicine of the University of Toronto, of ^*°"' Queen's University and of the Western Univer- school.*^' sity, the Hamilton School of Anatomy and any other institution which the Lieutenant-Governor in Council may declare to be a medical school. (New.)

3. The Lieutenant-Governor in Council may appoint a General and General Inspector of Anatomy for the Province and local tors of Inspectors for such places as may be deemed advisable and^"^^°™^' may make regulations defining the duties of the General Inspector and imposing duties on the local Inspectors in addi- tion to the duties imposed by this Act and otherwise for carry-

86

Disposal of certain bodies for study of anatomy.

ing out the provisions of this Act, and may fix the fees to be received by the General Inspector and local Inspectors for services performed under this Act and under such regula- tions. 10 Edw. YII. c. 26, 8. 40.

4, — (1) The body of any dead person found publicly exposed or sent to a public morgue, upon which a coroner after having viewed it shall deem an inquest unnecessary or of any person who immediately before death was supported in and by any public institution shall be immediately placed under the control of the local Inspector of Anatomy for the locality.

(2) Unless such body within twenty-four hours after being so found or sent to a public morgue or after death where the death takes place in a public institution is claimed by

(a) A relative or a hona fide friend, or

(h) A person who produces an order made under sub- section 3 aud pays $5 to defray the funeral expenses, or

(c) In the case of the body of a person who was sup- ported in a county House of Refuge, by a county councillor,

the same shall be delivered by the local Inspector to some person qualified as hereinafter provided.

(3) An order, Form 1, may be obtained from the Police Magistrate or where there is no Police Magistrate from a Justice of the Peace having jurisdiction in the locality.

(4) This section sfhall not apply to the body of a lunatic who has died in a Provincial Lunatic Asylum. R.S.O. 1897, c 177, s. 2; 62 V. (2) c. 11, s. 37 (2) ; 4 Edw. VII. c. 10, s. 41. Amended.

tater body ^' — ^^^ ^* ^^^ ^^ *^® ^^*^ ^^ ^^® relative or friend to delivered to whom a dead body is delivered under the provisions of sec- friend, tion 3 to cause it to be decently interred or he may upon

payment to them of $5 require the authorities under whose

care the dead body was to inter it. New.

(2) A dead body delivered to a county councillor shall be decently interred at the expense of the county. New.

uSciataSi ^' "^^^ persons qualified to receive such unclaimed bodies bodies shau shall be the teachers of anatomy or surgery in a medical

be delivered.

86

school; and if there is any medicajl school in the locality - where there is a body to be delivered to persons so qualified, such school shall have the first claim to the body. R.S.O. 189Y, c. 177, s. 4.

7. — (1) Any medical school obtaining a body shall keep Body deiiv- and preserve the same for not less than fourteen days, andicai school in the event of a relative or bona fide friend claiming it^aj^g^ by within that time, the medical school shall deliver the body to fri«nda such relative or friend upon receipt of the reasonable costs and charges for preserving and keeping the same, not to exceed $10. RS.O. 1897, c. 177, s. 3.

(2) Every such medical school shall keep such records as may be prescribed by the regulations, and the same shall at all times be open to inspection by the General Inspector and by a local Inspector. New.

8, Every local Inspector of Anatomy shall i^oai^*inspec-

tor.

(a) Keep a register showing the name, age, sex, birth- place and religious denomination of every person w^hose unclaimed body has been received by him, and the name of the medical school to which such body was delivered, with the date of deliv- ery. E.S.0. 1897, c. 177, s. 6, par. 1 ; 62 V. (2) c. 11, 8. 37 (2).

(h) Keep a register of the medical schools qualified to receive and desirous of receiving bodi.es for the instruction of students;

(c) Subject to the provisions of section 6 distribute all

bodies, in rotation, to such schools in proportion to the number of persons actually engaged in the study of human anatomy in each school, as shown by their official registers, which he shall be allowed to inspect;

(d) Inspect the authorized practical anatomy rooms in

his locality at least once in every six weeks, and direct the removal and decent interment of any remains that he deems it advisable to have interred ;

(e) Keep his registers open for the inspection of any

registered medical practitioner who may desire to inspect them;

(/) Enter in the morgue register for the purpose of identification a description of every body received 86

by him, and of the clothing and effects found thereon, and tho name of the medical school to- which such body was delivered. R.S.O. 1897, c. 177, 8. 6, pars 2-6.

(g) Furnish to the General Inspector the name of the deceased and of the school to which the body was sent. 62 V. (2), c. 11, s. 37 (2).

Certain per- 9. Every local Inspector shall, without delay, give notice notified by of his appointment to all persons mentioned in sections 10 to lor JnTpt 13. R.S.O. 1897, c. 177, s. 7.

pointment.

Coroner to 10. Every coroner, whether he does or does not hold an Inspector of inquest on a body found publicly exposed, to which his atten- expo^sed.°"" tiou has been called, and which is not claimed in accord- ance with section 4, shall give notice to the local Inspector, if there is one, and if there is none, he shall cause the body to be interred at the expense of the municipality in which it was found. E.S.O. 1897, c. 177, s. 9. Amended.

^

Notice to be H. Where the body is placed in a public morgue, the per- spector by SOU in charge of the morgue shall forthwith give notice thereof chSe S to the local Inspector. KS.O. 1897, c. 177, s. 10.

morgue.

given^to°in-^ 12, The head of any municipality in which a dead body spector by to which this Act applies is found and of which he has notice

head of mu- , ^^ ■ . ^ V c i • • i • c

nicipaiity. shall cause uoticc thereot to be given within twenty-tour hours to the local Inspector. R.S.O. 1897, c. 177, s. 11.

Sven^to°in-^ ^^' — (^) ^hc superintendent of ev^ery public institution ^p^ctor by f 0 which this Act applies shall, upon the death of an inmate

superinten- -„,... ^ \ , ' V, „ . , .

dents of pub- 01 the institution, give notice thereoi withm twenty-four tioni"""^"' hours to the local Inspector. R.S.O. 1897, c. 177, s. 12.

Register to (2) Every such superintendent shall keep a register show-

DG Kept by ,. 1*11 11'' 1*^ ••

superin- ing the name, age, sex, birthplace and religious denomination of each person whose body is disposed of under the provisions of this Act, and the school to which such body is delivered, and shall file all documents furnished by persons claiming bodies, and such register and documents shall be open for inspection.

(3) 'No superintendent shall deliver a body to a medical

school except on the written order of the local Inspector.

R.S.O. 1897, c. 177, s. 13. 86

5

14. A medical school desiring to avail itself of the benefits ^hSavaii- of this Act shall give a bond to the General Inspector in the ^^fyg*^^^\j^,g sum of $80, with two sufficient sureties to his satisfaction in Act to give the sum of $40 each, for the decent interment of the bodies ^^^""^y- after they have served the purposes required ; and thereupon

the General Inspector shall deliver to such scbool a written authority to open a practical anatomy room entitled to the benefits of this Act. K.S.O. 1897, c. 177, s. 15.

15. Every person who neglects to discharge the duties J|Jg^y ^Jo^ imposed upon him by this Act or any regulation made there- duty by in-

x^ ir V I/O sp6ctor etc

under or who contravenes any provision thereof shall incur a penalty of not more than $20 for every such offence. R.S.O. 1897, c. 177, s. 16.

16. No person shall send or take a dead body out of Removal of Ontario for surgical or practical anatomical purposes, arid Province '^'f or every person contravening the provisions of this section shall an^omy °^ for each offence incur a penalty of $100. R.S.O. 1897, c. prohibited.

177, s. 17.

17. The penalties imposed by or under the authority of Recovery of this Act shall be recoverable under The Ontario Summary lo Edw. vit. Convictions Act. R.S.O. 1897, c. 177, s. 18. ""■ ^^•

18. Subject to the provisions of this Act, any unclaimed ^j^J,'^'j^°^ dead body found within the limits of a city, town, incorpor- bodies, ated village or towns^hip, shall be interred at the expense of

the corporation thereof, but such corporation may recover such expense from the estate of the deceased or from any person whose duty it was to inter such dead body. R.S.O. 1897, c. 177, s. 19.

19. Chapter 177 of the Revised Statutes, 1897, and sub- Repeal, section 2 of section 37 of chapter 11 of the Acts passed at

the second session of the 62nd year of the reign of Her late Majesty Queen Victoria, and section 41 of chapter 10 of the Acts passed in the 4th year, and section 40 of chapter 26 of the Acts passed in the 10th year of the reign of His late Majesty King Edward the Seventh are repealed.

86

6

FORM I.

The Anatomy Act,

To all whom it may concern:

Whereas A. B., of ( here state the name, residence and occupation of the person by whom or on whose behalf the order is applied for) has satisfied me that he is a relative {or bona fide friend) of C. D., deceased, and is entitled to have his body delivered to him for the purpose of interment.

I hereby authorize and order every person and authority having the present custody or control of the body forthwith upon presenta- tion of this order to deliver it to the said A. B. for interment.

Witness my hand and seal as Police Magistrate {or Justice of the Peace) of and for {as the case may be)

this day of 19

R.S.O. 1897, c. 177, s. 2, paH.

86

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N"o. 87.

BILL

1911.

An Act respecting Water Privileges.

bHORT TITLE, S. 1.

Occupied watee privilege, de- fined, s. 2.

Occupied water privilege ex- isting protected, s. 3.

Right of entry upon lands to improve water or mill privi- leges, s. 4.

Case of privilege not in actual USE. s. 8.

Application to County Judge to

obtain powers undeb this

Act, SB. 5-7, 9-13. Registration of Judge's order,

s. 14. Powers of Judge, s. 15. Pees of Judge, s. 16. Appeals from Judge's order,

s. 17.

OnSTRUCTING navigation, ETC.,

s. 18. Repeal, s. 19.

HIS iVfAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : —

1. This Act may be cited as The Water Privileges Act. ^^^^^ ^^^

(New.)

2. In this Act " occupied water privilege " shall mean a Meaning of mill privilege, or water power, which has been or is in use water ^prlvi- for mechanical, manufacturing, milling or hydraulic pur-i^s^'" etc. poses, or for the use of which for any of such purposes the necessary works are hona fide in course of construction.

R.S.O. 1897, c. 141, s. 1.

3. Subject to the provisions of section 8, an occupied water occupied privilege shall not be in any manner interfered with or lege not'^tV " encroached upon under the authority of this Act without the with"*^^^'^^*^ consent of the owner. R.S.O. 1897, c. 141. s. 20.

4. — (1) A person desirins; to use or improve a water Right of

, • porsons to

privilege, of which, or a part of which he is the owner or enter and legal occupant, for any mechanical, manufacturing, milling hmds^'for or hydraulic purposes, by erecting a dam and creating ^^watlT^privi- pond of water, increasing the head of water in any existing ^^ees. pond, or extending the area thereof, diverting the waters of any stream, pond or lake into any other channel, constructing ^-

87

any raceway, or other erection or work which he may require in connection with the improvement and use of the privilege, or hy altering, renewing, extending, improving, repairing or maintaining any such dam, raceway, erection or work, or any part thereof, shall have the right to enter upon any land which he may deem necessary to be examined, and to make an exam- ination and survey thereof, doing no unnecessary damage and making compensation for the actual damage done.

(2) If, upon an application to a Judge of the County or District Court, as hereinafter provided, such person obtains authority, he may take, acquire, hold and use such portions of the land so examined or such rights over or in respect thereof as the Judge may deem necessary for the completion, improvement or maintenance of the water privilege and works in connection therewith. R.S.O. 1897, c. 141, s. 2.

Proceedings 5, — (^1) X person desiring to exercise the powers herein- the powers before mentioned, or anv of them, shall cause: —

given by '

this Act.

(a) Surveys and levels to be made and taken of the lands sought to be taken, used or otherwise affected, and a map or plan thereof to be pre- pared ;

(h) A statement to be prepared giving,

(I) A general description of the land to be

taken and of the powers intended to be exercised with regard to any land, describing them ;

(II) The names of the owners and occu-

piers of the land, so far as they can be ascertained, and

(III) Everything necessary for the right understanding, of the map or plan, including a registrar's certified abstract of the titles to all the land to be affected by the application ;

(c) The map or plan and the statement to be filed in the office of the Clerk of the County or District Court of the county or district wherein the land or part thereof is situate.

(2) He may then apply to the Judge of such County or District Court for an order empowering him to exercise the

87

powers or such of them as he may desire. R.S.O. 1897, c. 141, s. 4.

6. In addition to any other notice which the Judge may public notice direct to be given public notice of the application stating the ^^q^^^^^^^' time and place when and where the same is to be heard, shall

be inserted for such period as the Judge may direct, in a newspaper published in the county or district or one of the counties or districts where the proposed works are to be con- structed, or any of the land affected is situate. R.S.O. 1897, c. 141, s. 5.

7. If the Judge is of the opinion that the allowance of the if the appii- application in whole or in part, is in the public interest and uie public

is pro]>er and just under all the circumstances of the case, fo°gi.an"*^|ti he may make an order empowering the applicant to exercise oi'<^ei"- such of the powers as the Judge may deem expedient, for such time and on such terms and conditions as he may determine, and the land affected shall be described in the order. R.S.O. 1897, c. 141, s. 7.

8. Where evidence is produced which satisfies the J^f^ge I^^^^J^'j^^^? ^^o" that the owner of a water privilege which has been, but is to Judge not then in use for any of the purposes mentioned in subsec- owner of tion 1 of section 4, is holding the same with the intention of jn^actimi use, again using it for mechanical, manufacturing, milling or gnd^^intent. hydraulic purposes, the Judge may make an order fixing the

time within which the necessary works for the actual use of such water privilege, shall be constructed and actually used, and, unless such^ evidence is produced or the terms of such order are complied with, the water privilege shall not be deemed to bo an occupied water privilege within the meaning of this Act. R.S.O. 1897, c. 141, s. 3. Amended.

9. Where two or more persons claim to exercise the powers The case of conferred by this Act, in respect of the same water privilege th° powers"^ or any part thereof, the Judge may impose such terms as he ^"j'"'" ^^^^ may deem just, and may also limit a time within which the

person whose application he allows shall construct the neces- sary works, and actually use such water privilege. R.S.O. 1897, c. 141, s. 14.

10. ISTo pond shall be authorized to be made or enlarged Ponds

so as to exceed twenty acres in extent unless the Judge for to exceed special reasons otherwise directs. R.S.O. 1897, c. 141, s. 19.'^^^^^^''^^:

der of Coun- ty Judge.

11. — (1) The Judge shall state in the order the height to Nature of which the water may be raised, and fix the extent of the pond, order." ^'" *

87

(2) The Judge shall also assess the sum to be paid as the value of the land to be taken or used or of the powers to be exercised, and the damages, if any, to be paid as compensation by the applicant for any injury which may be occasioned by the proposed works and may make such order as to costs as ho may deem just.

(3) The costs shall be the same as in ordinary proceedings in the County Court, and shall be taxed by the Clerk. K.S.O. 1807, c. 141, s. 8 ; 5 Edw. VII. c. 13, &. 13.

Payment of 12. — (1) The sums SO assessed and the costs shall be paid awarded. to the pcrsous entitled thereto, or into the High Court as order!^ ""^'^^ the Judge may direct, before the powers or any of them are exercised, and within sixty days after the order is made.

9 Edw. v[i. (2) If the same are not so paid the order may be enforced ^- '^^- under The Judges Orders Enforcement Act, or, at the option

of any of the persons entitled to receive a sum so assessed, may, on application to the Judge, be set aside and vacated as to him, and in such case the Judge may make such order as to the costs of the proceedings and of the application as he may deem just. K.S.O. 1897, c. 141, s. 9. Amended.

Conveyance 13. Upon the payment of the sums assessed, and costs, the of the iand.s. applicant shall be entitled to a conveyance, to be settled by the Judge in case of dispute, of the land or rights mentioned in the order in respect of which payment is so made, and shall be further entitled to have and exercise such of the powers mentioned in section 4 as he is authorized by the order to exercise. K.S.O. 1897, c. 141, s. 10.

Registration 14. FoT the purposc of registration the order shall be order.*^^^^ deemed a judgment of the Court to which the Judge belongs. R.S.O. 1897, c. 141, s. 11, yart.

Judge's 15. The Judge shall have all the powers possessed by him,

powers. ^^ ^^ ^ County or Pistrict Court, in an action. R.S.O. 1897,

c. 141, s. 12. *

Judge's fees. 16. Thc Judge shall be entitled for his services to the like fees as are allowed to professional -arbitrators. R.S.O. 1897, c. 141, s. 13.

Appeal from 17. — (1) By leave of a Judge of the High Court an Judge to appeal shall lie from the final order of the Judge on any cm/rt.°"^^ application under this Act, to a Divisional Court of the High Court.

87

(2) On sucli appeal tlie decision of the Judge upon ques- tions of fact and all other questions shall be open to review. KS.O. 1897, c. 141, s. 15.

(3) The application for leave to appeal shall be made Leave to within ten days from the day on which the order appealed pracuce!^"*^ from is made, or within such further time as a Judge of the

High Court may allow.

(4) The Judge to whom the application is made shall determine the time within which the appeal shall be set down to be heard, the persons upon whom notice of the appeal shall be served and all such other matters as he may deem necessary for the most speedy and least expensive determination of the appeal. E.S.O. 1897, c. 141, s. 16. Amended.

(5) If the appeal is not set down to be heard within the Non-compii- time limited, or if any other condition imposed is not com- conliti^n^ of plied with, the appeal shall, unless otherwise ordered by a abandon" Judge of the High Court, be deemed to have been abandoned, ment. R.S.O. 1897, c. 141, s. 17.

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(6) The practice and procedure upon the appeal, except costs and so far as is herein or by the Judge to whom the application app^eli* for leave is made, otherwise provided, shall be the same as upon an appeal from a County Court. R.S.O. 1897, c. 141, s. 18.

18. JSTo work shall be constructed under the authority of work not to this Act in contravention of the provisions of The Rivers and vlntion°'o7'^ Streams Act. E.S.O. 1897, c. 141, s. 22. Amended. ^ Tt^cLs

Act.

19. Chapter 141 of the Eevised Statutes of Ontario, 1897, Repeal, and section 13 of The Statute Law Amendment Ad 190-j,

are repealed.

87

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No. 88. 1911.

BILL

An Act respecting the Maintenance of Wives deserted by their Husbands.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — •

1. This Act may be cited as The Deserted Wives' Main- ^^°^* ""*" iermnce Act. R.S.O. 189Y, c. 167, s. 1.

2. — (1) A married woman, deserted by her husband, "^^7 ^flfstmte summon him before a police magistrate, or two iiistices of for payment the peace, who, if satisfied that the husband beina: able wholly sum. or in part to maintain his wife, or his wife and family, has wilfully refused or nesrlected so to do. and has deserted his wife, may order that the husband shall pay to his wife such weekly sum, not exceeding $5, with or without costs, as the ma^strate or justices may consider proper, having regard to his means and to any means the wife may have, for her support and the support of the family.

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(2) A married woman shall be deemed to have been meaning' of deserted within the meanino: of this soction when she is living ®" ^^^^ apart from her husband bwause of his acts of cruelty, or of his refusal or neglect without sufficient cause to supply her with food and other necessaries when able to do so. H.S.O. 1897, c. 167, s. 2.

3. — (V) In case of non-pavment of anv sum so ordered in case of together with costs for twenty-one days after the order has m^'t^^" been made or such less timo as the order provides, and when and so often as the pavment so ordered is in arrear, such married woman may procure from the magistrate or justices maldnf? the order, a summons returnable on the tenth day after the service thereof.

(2) The summons may be served on the husband either per- sonally or in such other manner as the magistrate or justices

may in writing direct, and shall require the husband to attend at the time and place mentioned therein to show cause why the order should not be enforced as hereinafter provided.

(3) The applicant and all witnesses whom the magistrate or justices think proper may be examined on oath touching the enquiries to be made on the return of the summons.

(4) If the h\isband does not attend as required by the sum- mons, or show a sufficient reason for not attending, or does not satisfy the magistrate or justices that he is unable to pay the sum ordered to be paid, the magistrate or justices may enforce the order bv the like proceedings, including

10 Edw. VII. imprisonment, as, under The Ontario Summary Convictions Act, are applicable in the case of a fine or penalty imposed by a justice of the peace. R.S.O. 1S97. c. 107, s. 3.

vary^'^order ^' "^^^ magistrate or justices by whom the order for pay- ment was made, or any other magistrate or justices sitting in his or their stead at his or their request, shall have power, from time to time, to vary the order on the application of either the husband or the wife, upon proof that the means of the husband or wife have been altered in amount since the making of the original order, or any subsequent order varying it. R.S.O. 1897, c. 167, s. 4.

be^mad"°' ^° ^- — (1) '^^ Order shall be made in favour of a wife who is gSitVT/^ proved to have committed adultery, unless the adultery has adultery. been condoned ; and any order may be rescinded by the magis- trate or justices by whom it was made, or by a magistrate or justices sitting in his or their stead -at his ^or their request, upon proof that the wife since the making thereof has been guilty of adultery if it has not been condoned. R.S.O. 1897, c. 167, s. 5.

Rffect of (2) A finding by the magistrate or justices that adultery

finding as to , ■ / i i i, , . , \ ■, , ,

adultery. has been proved shall not be evidence of the adnltery except

for the purpose of proceedings under this Act. R.S.O. 1897,

c. 167, s. 7.

priviteT^'' ^^ ®- ^ases arising irii(l(>r this Act may, in the discretion of the magistrate or justices, be heard in private. R.S.O. 1897, c. 167, s. 6.

f^^^an*d"°s"r- '^' ^ summons under this Act shall be applied for, vice of granted, and served in the same manner as a summons in a

summon ^^^^ ^£ assault, or in such other manner as the magistrate or

justices direct ; and the magistrate or justices, or Rehearing, q^^j. magistrate or justices sitting in his or their

stead at his or their request, may at any time rehear 88

3

the application at tlie instance of the husband after notice to the wife, and maj confirm, rescind or vary any order made thereon as he or they may deem just. K..S.O. 1897, c 167,

8.8.

8. Where any matter is to be heard by two justices, the fimm<^8. summons may be signed by one of them. R.S.O. 1897, c. 167,

s. 9.

9. Orders and summonses *may be according to the forms Forma in the schedule to this Act. R.S.O. 1897, c. 167, s. 10.

i.0. The costs of proceedings under this Act shall be the ^'"^JiS^and same as are provided for by The Ontario Summary Convic-'^^'^^^^- tions Act, and the provisions of that Act as to appeals and lo ^dw. vii. the proceedings therein and incidental thereto shall apply to any order made under the provisions of this Act except that where the husband is the appellant he shall pay all costs. See R.S.O. 1897, c. 167, s. 11.

11. Chapter 167 of the Revised Statutes, 1897, and sec- Repeal, tion 9 of chapter 26 of the Acts passed in the 9 th year of the reign of His late Majesty King Edward the Seventh are repealed-

; ^ SCHEDULE.

SiTMMOKS.

County {or District) \ To A B of

of /

Whereas application has this day been made by your wife, C. B., to the undersigned Police Magistrate {or Justice of the Peace as the case may be) for

for a summons under The Deserted Wives' Maintenance Act, for that you have wilfully refused or neglected to maintain your said wife (or your wife and family as the case may be), and have deserted your said wife. These are, therefore, to command you to appear before the undersigned, or such Police Magistrate or Justices as may then and there be present in my {or our) stead at

on the day after the service hereof,

at the hour of in the noon, to shew cause why an

order should not be made against you, to pay to your said wife for her support {or for the support of her and your family, as the case may be) such weekly sum not exceeding $5 as may be considered to be in accordance with your means and with the means of your said wife.

Given under hand and seal x day of x9

J.B. [L.S.]

*" ' ^"* R.S.O. 1897, c. 167, Sched. A.

88 ;

Obdeb.

County (or District) ^ of j

Uipon reading tlie summons dated the day of 19 ,

issued by Police Magistrate for thie

(or Justices of the Peace ior ) upon the application of

V. B., wife of A. B., under the provisions of The Deserted Wives' Maintenance Act, and upon hearing all tne parties {or as the case may be) and the evidence adducea, and it appearing that the said V. jj. is entitled to the benefit of the said Act; 1 tor we) the under- signed, do hereby order that the said A. B. do pay hereafter to his said wife, or ner agent authorized in writing, at

the sum of $ per week for her support

(or for the support of her and the family of the said A. B.), the first weekly payment to be made on the day of 19 , together

with the costs of these proceedings, which amount to $ which

shall be paid on or before the day of 19

Given under hand and seal this day of 19

J. 8. [L.S.J

E.S.O. 1897, c. 167, Scked. B.

Summons atteb Default. County (or District) ^

of

To A. B., of

Whereas under and by virtue of the provisions of The Deserted Wives' Maintenance Act, by order dated the day

of 19 , made by , Police

Magistrate for (or by and two

Justices of the Peace for ) you were ordered

to pay to your wife G. B. $ per week, together with costs,

amounting to $ ; and whereas it is alleged by the said C. B.

that you nave made default in payment of said sum and costs, and that there is now due and cwing, by virtue of the said order, $ ,

You are therefore hereby summoned to appear before me {or us) or such other Police Magistrate {or Justice of the Peace), acting in my (or our) stead as may then and there be present at at the hour of o'clock in the noon, on the tenth

day after service hereof, to show cause why proceedings for enforc- ing the said order should not be had against you under the said Act.

Given under hand and seal this day of 19

J. 8. [Iu.S.]

R.S.O. 1897, c 167, Sched. 0.

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JSTo. 89.

1913.

BILL

An Act respecting the Custody of Documents re- lating to Titles to Land.

Short title, s. 1. Intekpbetation, s. 2. Deposit of documents, ss, 3, 4, 8. Documents to be numbebed and

indexed, s. 5. Notice of deposit, s. 6. Registrar's fees, ss. 6 (2), 7. Deposit of receipts, s. 8.

Inspection of documents, b. 9. Effect of deposit, ss. 10, 11. Registrar to keep safely, s. 12. Expenses op executors, s. 13. Removal of documents fbom

custody of registrar, ss.

14, 15. Repeal, s. 16.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : —

1. This Act may be cited as The Custody of Documents short tit)^. Ad. R.S.O. 1897, c. 137, s. 1.

3. In this Act " document " sliall include whatever is in- interpreta- cluded in the word " instrument," as defined by The Registry " Document." A ct, and also any certificate, affidavit, statutory declaration, \^ ^^^' ' ^' or other proof as to the birth, baptism, marriage, divorce, death, burial, descendants, or pedigree of any person, or as to the existence or non-existence, happening or non-happening of any fact, event or occurrence upon which the title to land may depend, and notices of sale, or other notices necessary to the exercise of any power of sale or appointment or other power relating to land. R.S.O. 1897, c. 137, s. 2.

3. Any person having any document, forming or being a Person a.v. title-deed or evidence or muniment of title to land in Ontario of deeds. may deposit the same for safe custody in the office of the po*^sit "them ^ registrar of any registry division in which the document or jj'^^l^*^''*^ a duplicate or copy or memorial or certificate thereof has been registered ; or where it does not appear by any endorse- ment thereon, that the same or a duplicate or copy or memor- ial or certificate thereof has been registered, the document may be so deposited in the office of the registrar of any reg- istry division in which any land to which the same relates is situate. R.S.O. 1897, c. 137, s. 3. 89

Requisition 4. Lpou everv such deposit, the person depositing shall

to be filed , ,. f ,i • . • -x- • j t j. t^ ^

and receipt deliver to the registrar a requisition m duplicate, Form 1, given. which may include any number of documents ; and the regis-

trar shall sign a receipt upon one of the duplicates for the documents therein mentioned, and shall deliver the receipt to the person by whom the deposit is made. R.S.O. 1897, c. 137, 8. 4.

Each docu- 5. — (1) TJpon receiving the requisition and the docu- numbered ments therein mentioned, the registrar shall enter every fn deposit* document in consecutive order in a book, Form 2, to be called index and ^^^ u Dgp^gi^ Index," and shall therein number such docu- ments consecutively, and shall endorse on each document the word " deposited," with the date of deposit and the number of the entry thereof in the deposit index ; and shall file the same in consecutive order according to its number ; and shall also endorse on the requisition the numbers so placed on the documents therein mentioned; and shall file all the requisi- tions in consecutive order according to such numbers.

^^ered *hi*^ ^^) "^^^ registrar shall also enter in an alphabetical index, alphabetical to be called the " Alphabetical Deposit Index," the number of the document in the deposit index, and the name of every party to the document, or to the action, suit or proceeding to which the document relates, or if the same is a certificate or an affidavit, or a statutory declaration or other proof, as to the birth, baptism, marriage, divorce, death or burial of any person, the name of such person.

i

Entry oppo- (3) Where it appears by any certificate of registration lered'^instru- endorsed on the document that the same or a duplicate or a mrata. copy or memorial or certificate thereof is registered in his

registry office, the registrar shall also enter in the margin of every registry book wherein the same is registered opposite the entry thereof, the words, "See deposit index "No. , 19 ," referring to the number of the document in the deposit index, and the date of the deposit. R.S.O. 1897, c. 137, s. 5.

i

Notice to be 6. — (1) Where it appears by any certificate of registra- registn^°of"tion endorsed on the document that the same is registered in Sn^fnstnj-'^* any other registry division, the registrar with whom the same been^regfs- ^^ deposited shall, within ten days after the deposit, send to tered. such other registrar a notice thereof in duplicate. Form 3.

R.S.O. 1897, c. 137, s. 6 (1).

Fees to other (2) The registrar receiving the notice shall be entitled to rcg s rars. ^ £^^ ^^ twenty cents for every document, in respect of which he is required to make an entry. R.S.O. 1897, c. 137, s. 8. 89

(3) On receipt of the notice the registrar receiving the same shall enter in the margin of every registry book wherein the document appears to have been registered, opposite the • entry thereof, the words, " See deposit index in Reg- istry OiEce, No. ,19 ," referring to the registry office from which the notice is received, and the number and date of the deposit therein, and he shall forthwith, send an acknowledgment of the receipt of the notice written upon one of the duplicate notices.

(4) If such an acknowledgment is not received within fourteen days from the sending of the notice, the registrar sending the notice shall send another like notice, and shall repeat the same every fourteen days till the acknowledgment is received.

(5) Every such notice and acknowledgment shall be sent by registered post, and a sufficient sum to pay the registrar's fees and the postage shall be sent with the notice.

(6) All notices received from other registrars shall be filed by the registrar receiving the same in the order in which they are received, and all such acknowledgments shall be filed by the registrar receiving them in the order of their receipt. R.S.O. 1897, c. 137, s. 6.

7. The registrar with whom the deposit is made shall be Registrar'* entitled to the following fees to be paid at the time of the^***' deposit by the person making the deposit : —

On every requisition 20 cents.

On every document deposited 10 "

For every notice necessary to be sent to other registrars, (not more than one notice to any

one registrar to be charged for) 15 "

Necessary postage on the notices and acknowledg- ments

A sum sufficient to pay the fees under sub-section 2 of section 6.

R.S.O. 1897, c. 137, s. 7.

8. — (1) A receipt for payment of money on any registered Deposit of instrument may be deposited in the registry office in which the instrument is registered, but it shall not be necessary to deliver any requisition with the receipt, or to pay any fee for depositing the same or the entries in respect thereof, except the sum of twenty cents.

(2) The registrar shall receive and file in consecutive num- Re^strar to erical order all receipts so deposited, and shall endorse thereon enterT^ *" the number, the date of deposit, and the amount mentioned in the receipt, and shall write in the margin of the registry

89

book wherein the instrument to wliicjh the receipt relates has been registered the words, '' See receipt No. ."

R.S.O. 1897, c. 137, s. 9.

Deposited^ • ^^ Any person shall be entitled to inspect and make or open to obtain copies of, or extracts from, any document deposited nspec on. ^j^^^gp ^j^^g ji^^^ jj^ jjj^g manner as in the case of instruments 10 Edw. VII. registered under The Registry Act; and the registrar shall be entitled to the same fees in respect thereof as in the case of registered instruments. R.S.O. 1897, c. 137, s. 10.

Deposit not IQ. The dcposit of a document under this Act shall not be

rGEristr3.tiori ^

and not to deemed a registration thereof within the meaning of The ment as°^"" Registry Act; nor shall the admissibility or value of any i?Edw^" VII. document as evidence be affected by the deposit. R.S.O. 1897,

60.

c. 137, s. 11.

Deposit re- H Xhc deposit of a document under this Act shall, while

I1GV6S rrorn j^ « ?

liability. the document continues so deposited, be deemed a sufficient compliance with, and fulfilment of, any covenant or agree- ment entered into by any person, to produce or allow the inspection of, or the making of any copy of or extract from the document, and shall absolve any person liable for the pro- duction or custody thereof from any further liability in respect of such custody or production. R.S.O. 1897, c. 137, s. 12.

kef'^^te/° ^^' '^^^ registrar with whom a document is so deposited shall keep the same safely in his office, in like manner and with the same care as the instruments registered in his office ; and he and his sureties shall be responsible in respect thereof, in like manner as in respect of instruments registered under 10 Edw. Yii.The Registry Act; and the registrar shall not part with the ^- ®®* possession of any such document, unless in accordance with

the order of a Court or a Judge as hereinafter provided. R.S.O. 1897, c. 137, s. 13.

Expenses of 13. An executor, administrator or trustee mav reimburse etc. ' himself out of the estate any expense which he incurs in or

about depositing any document which may come to his pos- . session or control as such executor, administrator or trustee.

R.S.O. 1897, c. 137, s. 14.

Application 14. — (1) At any time within five years after the deposit years to re-of a document, any person may apply to the High Court or move cus- ^^ ^-j^^ Couuty or District Court of the county or district in which the deposit is made, or to a Judge of either of such Courts, for the delivery of the document to such person, and the Court or Judge may direct that the same shall be delivered by the registrar to the applicant, or to any person the Court or

89

5

Judge directs, upon being satisfied that the applicant would, but for the deposit, be solely entitled to the possession of the document, and that the deposit thereof was made without his consent, or the consent of any person entitled, at the time of the deposit to any interest therein, and, where the document relates to other land than that in which the applicant is inter- ested, that there are reasonable grounds for removing the docu- ment from the custody of the registrar.

(2) Before making the order, the Court or Judge mayxotice of require such notice of the application, by advertisement or *pp''*^**°'^- otherwise, to be given to the person by whom the deposit was made, or to any other person, as to the Court or Judge shall seem meet.

(3) The order may direct that all or any part of the costs costs, of the application, or of opposing the same, or in relation thereto, be paid by the person by whom the deposit was made, or by the person by whom the application is made, or by any person to whom notice of the application has been given or the Court or Judge may make such other order in respect of the costs of the applicant, and of the persons who have been notified, or who oppose the application, as may seem just. K.S.O. 1897, c. 137, s. 15.

15. — (1) Upon the delivery to the registrar of the order, delivery or a duplicate thererf, within six months after the date there- of, and upon payment to him of the sum of fifty cents, he shall deliver to the person mentioned therein the documents therein directed to be given to him, taking his receipt, or the receipt of his authorized agent therefor.

(2) The registrar shall thereupon enter in the deposit in- ^^^J.Jg™""'^^ dex, opposite the entry of the document, the date of such de- livery, and the name of the person to whom delivered, the Court or Judge by Whom the order was made, and the date of the order, and shall file the order among the requisitions for deposit in the order of the date of its receipt, R.S.O. 1897, c. 137, s. 16.

16. Chapter 137 of the Revised Statutes, 1897, is Repeal repealed. i

89

6

FORM 1.

Requisition.

To the Registrar of the Registry Division of

I (or we) hereby deposit with you, pursuant to The Custody of Documents Act, the following documents: —

i		QQ		Particulars of registration
	0 <D -	to «S tS	of registered instruments.
a o	Names of all parties.	ny other par or subject o ficate, affida	and in this i division to documents	-3 03 M	(U ^	d	ownship, city, town, etc.
Q		<	J	ti	Q	2: .	H

Dated

(in duplicate)

Signed in presence of me. to ^ C. D. whom the depositor, and I Residence, giving Lot, Con.

his residence and occupa- j or House No. and Street.

tion are well known. A. B.

(Occupation)

The documents above mentioned, with, a duplicate of the above requisition, are this day received by me. Dated

B. P..

Registrar for

RS.O. 1897, c. 137, Sched. Form A.

FORM 2. Deposit Index.

	^		-5 a	ars tifi- etc	±S		•6
	1		m o *Sb'-3 .28 ** o	icul cer its,		*J
6	o 1	Parties.	er part iectof affidav	lars of n certi sed.		o « a
	|i		5 w	ny oth or sub cates.	articu tratio endor	o s	5
Q	Q		J	<	Oi	Q	n

89

R.S.O. 1897, c. 187, Sched. Form B

FORM 3.

Notice of Deposit.

To the Registrar of the Registry Division of

The following documents, which appear to be registered in your registry office, have been deposited in this registry office under The Custody of Documents Act.

1	Date of deposit.	ft o d o v. <=3	Parties.	Particulars of registration in your registry division.
a *S o	Township, city, town, etc.	d o o t	d o a
2146	8th Aug., 19	Mort- gage.	jJohn Smith to Wm. Jones.

You are required to enter such deposit, and to acknowledge receipt hereof, under above Act. I enclose cents for your fees

and cents for postage on acknowledgment.

Dated at

Registrar for

Acknowledgment to be put on Duplicate Notice.

The duplicate of above notice of deposit of (three) documents received at the registry office for this day of

19 , and entry of such deposit has been made in accordance with The Custody of Documents Act.

Registrar.

R.S.O. 1897, c. 137, Sched. Form C.

89

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N'o. 90. 1911.

BILL

An Act respecting Veterinary Surgeons.

HrS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, .enacts as follows : — •

1. This Act may be cited as The Veterinary Surgeons Act. short title. {Note. Sec. 1 repealedhy 9 Ediu. VII. c. 96, s. 16.]

2. Veterinary practitioners holding the diplomas of the ^'^^^|^.j^^|?^ Agricnlture and Arts Association or of the Ontario Veterin- practitioners. ary College shall be entitled to professional fees in attending

any Cour!t of law as witnesses in snch cases as. relate to the profession. R.S.O. 189Y, c. 184, s. 2. ' ■ , • .

3. Any person not possessing a diploma or proper certifi- Penalty for cate from The Ontario Veterinary College or a diploma or assuming certificate of a college whose diplom^as or certificates areinary sur- declared by the Lieiitenant-Governor in Council to entitle the ^®°"* holders thereof to nse the title of Veterinary. Snrgeon who appends to his name the term veterinary surgeon, or any abbreviation thereof, and any person who wilfully and falsely pretends to be, or who wilfully and falsely takes or uses any

name, title, addition, abbreviation or description, implying or

calculated to lead people to infer that he is, or is recognized

by law as a veterinary surgeon, within the meaning of this

Act, or that he possesses a diploma or certificate from any

such college, shall incur a penalty not exceeding $100, and

not less than $25, recoverable under The Ontario Summary lo sdw. vii.

Convictions Act. E.S.O. 189Y, c. 184, s. 3. ^ ""■ ^'^'

4. Chapter 184 of the Revised Statutes, ^897, is repealed, ^^p^^''

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JSo. 91.

1911.

BILL

An Act Respecting Infants.

Shobt Title, s. 1. Custody of infants, ss. 2-4. Infants' real estate, ss. 5-10. Application of dividends fob

maintenance, s. 13. Settlements by infants

marriage, ss. 14-17. Guardians, ss. 18-24. Appointment and removal

ss. 18-23. Authority of, s. 24.

on

ok,

Appeals from surrogate coubt, s. 25.

Practice and procedure in sub- rogate courts, s. 26.

Jurisdiction of high court, s. 27.

Father's authority in respect op religious faith of child, s. 28.

Repeal, s. 29.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: — •

1 This Act may be cited as The Infants Act.

Short title

CUSTODY OF INFANTS.

2. — (1) The High Court or the Surrogate Court, upon^^^j.^. ^^^ the application of the mother of an infant, who may apply make order without a next friend, may make such order as the Court of and right sees fit regarding the custody of the infant, and the right of °nfant. ^ access thereto of either parent, having regard to the welfare of the infant, and to the conduct of the parents, and to the wishes as well of the mother as of the father, and may alter, vary or discharge the order on the application of either parent, or, after the death of either parent, of any guardian appointed under this Act, and in every case may make such order respecting the costs of the mother and the liability of the father for the same, or otherwise as the Court may deem just.

(2) The Court may also make an order for the mainten- ^^.^j^j. ^^ ^^ ance of the infant by payment by the father, or out of any maintenance estate to which the infant is entitled, of such sum from time to time as according to the pecuniary circumstances of the

91

father or the value of the estate the Court deems reasonable. R.S.O., 1897, c. 168, s. 1.

be*^made*in° (^) -^° order directing that the mother shall have the favour of custodj of or access to an infant shall be made in favor of a g:uiity of mother against whom adultery has been established by judg- aduitery. ment in an action for criminal conversation or for alimony. E.S.O., 189Y, c. 168, s. 2.

Fathers may 3. — (1) The father of a child under the age of twenty-

the^^cmstody One years, whether born at the time of the decease of the

during^*«aeir father or at the time en ventre sa mere, by deed or by his

minority. j^g^ ^jjl and testament in such manner and from time to time

as he shall think fit may dispose of the custody and education

of such child while he remains under the age of twenty-one

years or for any lesser time to any person in possession or

remainder.

(2) Such disposition shall be good and effectual against every person claiming the custody or education of such child as guardian in socage or otherwise.

Action of (3) The person to whom the custody of such child is so

protection of committed may maintain an action against any person who wrongfully takes away or detains him for the recovery of such child and for damages for such taking away or deten- tion for the use and benefit of the child. 12 Car. II., c. 24, s. 8; R.S.O., 1897, c. 340, s. 2.

Rules of 4. — In questions relating to the custody and education of

GQUIlV £L9 to

custody and infants the rules of equity shall prevail. R.S.O. 1897, c. 51,

education of ho / -i o \ infants to S- 00 {lA). prevail.

INFANTS EEAL ESTATE.

A sale of the 5. — (1) Where an infant is seised, possessed of or en- infants may titled to any real estate in fee or for a term of years, or other- hfed^'^*^"^" wise, and the High Court is of opinion that a sale, lease or other disposition of the same, or of a part thereof, is necessary or proper for the maintenance or education of the infant or that for any cause his interest requires or will be substanti- ally promoted by such disposition, the Court may order the sale, or the letting for a term of years, or other disposition of such real estate, or any part thereof, to be made under the direction of the Court or of one of its officers, or by the guardian of the infant, or by a person appointed for the purpose, in such manner and with such restrictions as may be deemed expedient, and may order the infant to convey the estate.

91

(2) !N"o sale, lease, or other disposition shall be made con- ^*^^^j.^^® trarj to the provisions of a will or conveyance by which to a devise, the estate has been devised or granted to the infant or for his use. K.S.O. 1897, c. 168, s. 3.

6. The application shall be in the name of the infant by The appiica- his next friend, or guardian ; but shall not be made without next friend ^ the consent of the infant if he is of the age of fourteen years °^ suardian. or upwards unless the Court otherwise directs or allows.

K.S.O. 1897, c. 168, s. 4.

7. Where it is deemed convenient, the Court may direct when a sut>- some other person in the place of the infant to convey the be appointed estate. E.S.O. 1897, c. 168, s. 5. '° "°"^"y-

8. Every such conveyance, whether executed by the infant Deeds exe- or by a person appointed to execute the same in his place, half '^of "n^^ shall be as effectual as if the infant had executed the same, ^|^ts to be and had been of the age of twenty-one years at the time.

R.S.O. 1897, c. 168, s. 6.

9. The money arising from such sale, lease or other dis-The court to position shall be laid out, applied and disposed of in such plication of manner as the Court directs. R.S.O. 1897, c. 168, s. 7. proceeds.

10. On any sale or other disposition so made, the i^oney q^^jj^^ ^^ raised, or the surplus thereof, shall be of the same nature and surplus character as the estate sold or disposed of; and the heirs, sale of real next of kin, or other representatives of the infant, shall have ^^ ^ ^'

the like interest in any surplus which may remain at the decease of the infant as they would have had in the estate sold or disposed of if no such sale or other disposition had been made. R.S.O. 1897, c. 168, s. 8.

11. If any real estate of an infant is subject to dower, j^ cases of and the person entitled to dower consents iii writing to ^°^®j^j^ ^^^^ accept in lieu of dower a gross sum which the Court deems be made, reasonable, or the permanent investment of a reasonable sum

in such manner that the interest thereof be made payable to the person entitled to dower during her life, the Court may direct the payment of such sum in gross out of the purchase money to the person entitled to dower, as upon the principles applicable to life annuities may be deemed a reasonable satis- faction for such dower; or may direct the payment to the person entitled to dower of an annnal sum or of the income or interest to be derived from the purchase money, or any part thereof, as may seem just, and for that purpose may make such order for the investment or other disposition of the pur- chase money, or any part thereof, as may be necessary. R.S.O. 1897, c. 168, 's. 9.

91

(As to conveyance hy infants where land is sold hy direc- tion of the Court for payment of debts of ancestors, see The Trustee Act, s. 62,)

Order for 13, — ^(1) Where by a will or other instrument property

where^'estate IS given beneficially to any person for his life with a power fife*'with°^ of devising or appointing the same by will in favour of his power of children, or of one or more of them, the High Court may on in favour of the application, or with the consent, of the tenant for life, life tenant. Order that such portion of the proceeds of the property, as it may deem proper, shall be applied towards the maintenance or education of any infant child in whose favour the power might be exercised, notwithstanding that there is a gift over in the event of there being no children to take under the power, or that there is a right conferred upon the tenant for life or upon some other person in such event to make a dis- position of the property in favour of some person other than such children.

Application (2) This section shall extend to property coming within of section, j^g terms where the will or other instrument under which it is held has gone into operation or has been executed before the 5th day of May, 1894. E.S.O. 189Y, c. 168, s. 10.

DIVIDENDS ON INFANT S STOCK OR PROCEEDS THEREOF.

High Court 13. — (1) The High Court by an order to be made on the dividends'^ of application of the guardian of an infant in whose name any fongfng^to stock or mouey by virtue of any statute for paying oif any appfied for'^ ^^*^^ ^^ Standing and who is beneficially entitled thereto, or maintenance, if there is no guardian by an order to be made in any action, cause or matter depending in the Court may direct all or any part of the dividends in respect of such stock or any such Imp. Act 11 money to be paid to the guardian of such infant or to any i^wm7'iv. other person for the maintenance and education or otherwise c. 65, s. 32. f^j. tjie benefit of the infant.

(2) Such guardian or other person to whom payment is directed to be made shall be named in the order and his receipt therefor shall be as effectual as if the infant had attained the age of twenty-one years and had signed and given tbe same. R.S.O. 1897, c! 340, s. 12.

Costs may (^\ The Court may order the costs and expenses of and

be directed ^ / t- i • -, ■, -i . />

to be paid, relating to the application to be paid and raised out oi, or Imp Act 11 ^^^™? the stock or dividends in respect of which the same is Geo.' IV., made in such manner as the Court deems proper. R.S.O.

1 Wm. IV. ^nrxH r.^« HO

c. 65. s. 35. 1897, c. 340, s. 13. 91

(4) This section shall be a full and complete indemnity Act to be an and discharge to all banks, companies and societies and their banfe,"'etc. ^^ officers and servants for all acts and things done, or permitted imp. Act ii to be done pursuant thereto. R.S.O. 1897, c. 340, s. 14. i^ wm^fv

c. 65, s. 44.

MARRIAGE SETTLEMENTS OF INFANTS.

14. — (1) Every infant upon, or in contemplation of, his infants may marriage with the sanction of the High Court may make a probation of valid and binding settlement, or contract for a settlement, cotir^'llkke of all or any part of his property or property over which he S'ts^^"'^' has a power of appointment, whether real or personal and^po*^. whether in possession, reversion, remainder or expectancy, and every conveyance, appointment and assignment of such imp. Act is

. J. i. / 1 • ^ . and 19 Vict.

property or contract to make a conveyance, appointment ore. 43, s. i. assignment thereof, executed by such infant with the approba- tion of the Court for the purpose of giving effect to such settlement, shall be as valid and effectual as if the person executing the same were of the full age of twenty-one years.

(2) This section shall not extend to a power which it is expressly declared shall not be exercised by an infant. R.S.O. 1897, c. 340, s. 15.

15. Where an appointment under a power of appoint- Jind"e?age!^ ment or a disentailing assurance has been executed by an o?^dis"e*^T®"^ infant tenant in tail under the provisions of the next pre- taiing deed ceding section and the infant afterwards dies under age, such imp. Act is appointment or disentailing assurance shall thereupon become c."4'3^s.^'.^*' absolutely void. R.S.O. 1897, c. 340, s 16.

16. The sanction of the Court to any such settlement or The sanction contract for a settlement may be given upon the application Court to be of the infant or his guardian without the institution of an motion"^"" action, and if there is no guardian, the Court may require imp. Act is

a guardian to be appointed if it shall think fit and the Court ^ "43' g ^3^^* may also require that any person interested or appearing to be interested in the property shall be served with notice of the application. R.S.O. 1897, c. 340, s. 17.

17. !N^othing in the three next preceding sections shall to apply to apply to a male infant under the age of twenty years, or to ^o^'or f".'^®'" a female infant under the age of seventeen years. R.S.O. ^^les under

1897, C. 340, S. 18. Imp Act 18

' • and 19 Vict.

c. 43, s. 4.

• APPOINTMENT OP GUARDIANS.

18.— (1) The Surrogate Court may appoint the father ^^fj|;t ^^^r.- of the infant or may with the consent of the father appoint dJans. 91

6

some other suitable person or persons to be tbe guardian or guardians of the infant, but if the infant is of the age of fourteen years no such appointment shall be made without his consent.

When Judges (2) If the infant has no father living or any guardian Courts may authorized by law to take the care of his person and the guardians, charge of his estate, if any, or if he is of the age of 14 years and does not give the consent mentioned in the next preceding subsection, upon the written application of the infant, or of any friend of the infant, residing within the jurisdiction of the Surrogate Court to which the application is made, and after proof of twenty days' public notice of the application, in some newspaper published within the county or district to the Surrogate Court of which the application is made the Court may appoint some suitable and discreet person or persons to be guardian or guardians of the infant Whether the infant is or is not entitled to any property.

(3) Letters of guardianship granted by a Surrogate Court shall have force and effect in all parts of Ontario; and an official certificate of the grant may be obtained as in the case of letters of administration. R.S.O. 1897, c. 168, ss. 11 and 12; 3 Edw. VII. c. 7, s. 31 (1-2).

dia^ns to^giv'e ^^' Subject to the provisions of The Guarantee Companies security by Securities Act and of The Ontario Companies Act, the Court shall take from every guardian appointed under section 18 a c. 67.^' " bond in the name of the infant, in such penal sum and with c. 34!^" ^^^'such sureties as the Judge approves, conditioned that the Condition ofS^^^^^^^ ^^^^ faithfully perform his trust, and that he, or bond. Hiis executors or administrators, will, when the infant becomes

of the full age of twenty-one years, or whenever the guar- dianship is determined, or sooner if thereto required by law, render a true and just account of all goods, moneys, interest, rents, profits or other estate of the infant. Which shall have come into the hands of the guardian, and will thereupon without delay deliver and pay over to the infant, or to his executors or administrators the estate or the sum which may be in the hands of the guardian belonging to the infant, de- Bond to be ducting therefrom and retaining a reasonable sum for the recorded. expenses and charges of the guardian, and the bond shall be recorded by the registrar of the Court in the books of his office. R.S.O. 1897, c. 168, s. 13.

on^death of 20. — (1) On the death of the father of an infant, the mothir to be mother, if surviving, shall be the guardian of the infant, Ke^^m- either alone, when no guardian has been appointed by the othlS ^"^ father, or jointly with any guardian appointed by the father.

• 91

may guardian

(2) Where no guardian has been appointed by the father, or if the guardian appointed by the father is dead, or refuses to act, the High Court or the Surrogate Court may from time to time appoint a guardian or guardians to act jointly with the mother. E.S.O. 1897, c. 168, s. 14.

(3) The mother of an infant may, by deed or will, appoint Mother any person or persons to be guardian or guardians of the^^P^^^j* infant after the death of herself and the father of the infant, certain cases if the infant be then unmarried, and where guardians are appointed by both parents they shall act jointly.

(4) The mother of an infant may, by deed or will, pro- visionally nominate some fit person or persons to act as guar- dian or guardians of the infant after her death jointly with the father of the infant, and the Court after her death, if it b- shown that the father is for any reason unfitted to be the sole guardian of his children, may confirm the appointment of such guardian or guardians, who shall thereupon be em- powered to act, or may make sudh other order in respect of the guardianship as may be deemed just. E.S.O. 1897, c. 168, s. 15.

(5) In the event of guardians being unable to agree among Direction b> themselves or with the father upon a question affecting the matters" af- welfare of an infant, any of them or the father may apply to f|n*t"^ *"' such Court for its direction, and the Court may make such

order as may be deemed just. K.S.O. 1897, c. 168, s. 16.

[As to appointment of trusts comyanies as guardian, see The Ontario Companies Act, ss. lJf9 and l53a, and 8 Edw. VII. c. 43, s. 2.1

21. — (1) Testamentary guardians and guardians ap- Removal of pointed or constituted by virtue of this Act shall be^"^'^ '^"^' removable by the High Court or by the Surrogate Court for the same causes for whidi trustees are removable. R.S.O. 1897, c. 168, s. 17.

(2) Any such guardian may by leave of the Court resign hir office upon such terms and conditions as miay be deemed just. (New.)

22. A return of every appointment and removal or resigna- surrogate tion of a guardian shall be made by the Registrar of the mike certain Court to the Surrogate Clerk in like manner as is required by sm"rogate° The Surrogate Courts Act in the case of grants of probate or ^^^^^^ -y-jj administration. R.S.O. 1897, c. 168, s. 11, part. c. 3i.

91

What 23. — (1) The Siirroe;ate Court referred to in sections 2

Court or and 18 to 21, is the Surrogate Court of the county or distnct Judge to ac . .^ ^j^j^jj ^jjg infants or any or either of them reside. R.S.O. 1897, c. 168, 8. 18.

(2) The powers conferred by this Act on the High Court may be exercised by a Judge thereof in Chambers. (New.)

AUTHORITY OF GUARDIANS.

Guardian's 24. Unless where the authority of a guardian appointed authority. ^^ constituted by virtue of this Act is otherwise limited, the

guardian so appointed or constituted during the continuance

of his guardianship,

To act for ward.

(a) Shall have authority to act for and on behalf of the infant:

To appear in actions.

(6) May appear in any Court and prosecute or defend any action or proceeding in his name;

To manage real and i>er- sonal estate, etc.

(c) Shall have the charge and management of his estate, real and personal, and the custody of his person and the care of his education ; and

To appren- tice wards.

Rev. Stat c. 161.

(d) Shall have authority fo apprentice the infant in accordance with the provisions of the Appren- tices and Minors Act. R.S.O. 1897, c. 168, s. 19.

l^RACTICE IN AND APPEALS FROM SURROGATE COURTS.

Appeal from 25. All appeal shall lie from an order or iudgment of a

ord.6r or i -ir j o

judgment of Surrogate Court under this Act to a Divisional Court of the Court. High Court and the practice and procedure shall be the

10 Edw. VTi same as in the case of an appeal under The Surrogate Courts ^- 31- Act. R.S.O. 1897, c. 168, s. 20, part.

proceSfre*"** ^^' — (1) "^^^ practice and procedure under The Surro- 10 Edw VII ^^^^ Courts Act and Rules shall apply to proceedings in the c. 31. Surrogate Court under this Act and the power to make rules

under that Act shall apply to proceedings under this Act.

R.S.O. 1897, c. 168, s. 21.

estates" of C^) Where there is no estate or where the whole estate

small value (Jogg not exceed in value $400 the fees to be charged to an

applicant for letters of guardianship shall not exceed $2.

3 Edw. VII. c. 7, s. 32. i,

91

GENEEAL, PROVISION'S.

27. JSTothing in this Act shall deprive the High Court of Jurisdiction jurisdiction in matters provided for by this Act. E.S.O. com^t^Sot 1897, c. 1G8, s. 11, part. affected.

28. JSTothing in this Act shall change the law as to the^^^srious authority of the father in respect of the religious faith in fnfant.^*^" which his child is to be educated. R.S.O. 1897, c. 168,

s. 23.

29. Chapter 168 and sections 2, 3 and 12 to 18 of chapter Repeal

340 and paragraph 12 of section 58 of chapter 51 of the Revised Statutes, 1897, and section 31 and 32 of The Statute Lau) Amendment Act, 1903, are repealed.

91

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No. 92.

1911.

BILL

An Act Respecting the Culling and Measurement of Saw Logs cut upon Public Lands.

Short Title, s. 1.

Interpretation, s. 2.

Board of Examiners, sb. 3-6.

Examinations, s. 7.

Licenses, s. 8.

Oath of Cullers, s. 9.

Unlicensed persons not to Act,

s. 10. Duties op Cullers, bs. 11, 12.

Books and Records, s. 13.

Returns, s. 14.

Cancellation of license for

misconduct, bs. 15, 16. Act not to affect regulations

UNDER Ceown Timber Act,

s. 17. Repeal, b. 18.

HTS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. This Act may be cited as The Ontario Cullers* Act. Short tiue. R.S.O. 1897, c. 186, s. 1.

2. In this Act,

Interpreta- tion.

{a) " Department " shall mean the Department of '^^^f:^^' Lands, Forests and Mines;

(&) "Minister" shall mean the Minister of Larids, " Minister." Forests and Mines ;

(c) " Public Lands " shall include Crown lands, school "^^^^.l*' lands and clergy lands ;

{d) " Saw logs " shall include logs of pine of whatever " Saw-ioga" length whether round or flatted. RS.O= 1897, c. 186, 8. 2. Amended.

3. The Lieutenant-Governor in Council may appoint as Examination many Boards of Examiners as he may deem necessary, each for^?cerfses*" consisting of three skilled persons, any two of whom shall measure*"^ form a quorum, whose duty it shall be to examine, test and saw-iogs. report upon the ability and knowledge of all applicants desir-

92

Oath of ex- aminer.

ing to be licensed to cull and measure saw-logs, cut on Public Lands, and to perform such other duties as may be assigned to them by the Lieutenant-Governor in Council. K.S.0. 1897, c. 186, s. 3.

4. — (1) Every Examiner, before entering on his duties, shall take and subscribe an oath to the following effect:

That I . will act as Examiner of Cullers

to the best of my ability and knowledge, and will conduct the exam- inations without fear, favour or affection, and recommend for licenses only those persons who have satisfactorily proved their fitness to discharge the duties of culling and measuring saw-logs.

Fees of examiners.

(2) The oath shall be transmitted to the Minister. 1897, c. 186, 8. 4.

R.S.O.

5. The Lieutenant-Governor in Council may authorize the payment to each member of such Board as remuneration for his services, a sum not exceeding $4 per day, while actually employed as such Examiner. RS.O. 1897, c. 186, s. 5.

Sittings of boards of examiners.

6. Every Board shall sit at such places and on such dates as may be fixed by the Miuistpr, and shall examine all candi- dates who present themselves before them, and at the close of the examination, or as soon after as may be, shall transmit to the Minister the names of such of the candidates as they believe are trustworthy and of good character, and who have passed a satisfactory examination, and whom they recommend as having the requisite skill and knowledge to warrant their being licensed as cullers. B.S.O. 1897, c. 186, s. 6.

^**'*'*ti^*° 7, Every person intending to present himself for examina- and pay fees, tion as a culler shall on or before the first day of May in any year give notice in writing to the Minister of such intention, and of his post office address, and shall pay into the Depart- ment $4 as an examination fee. R.S.O. 1897, c. 186, s. 7.

License to cullers.

8. The Minister may issue a license to any person reported as competent to perform the duties of a culler, sucb license to be in the form following, and to remain in force until can- celled : —

To

of the {Oounty or District) of

By virtue of authority vested In me by The Ontario Cullers' Act. I hereby authorize you to act, during pleasure, as culler of saw- logs cut on Public Lands within Ontario.

Given under my hand this day of 19

Minister of Lands, Forests and Mines.

RS.O. 1897, c. 186. s.8.

92

9. — (1) Before such license is issued each successful ap- ^j*JJ^°'j*P" plicant shall take an oath to the following effect : license.

That I, , while acting as

licensed culler, without fear, favour or affection, and to the best of my judgment and skill, will correctly measure all saw-logs cut on Public Lands which I may be employed to measure, and make true return of the same to the Department of Lands, Forests and Mines, or its agents.

(2) The oath shall be transmitted to the Minister. R.S.O. 1897, c. 186, s. 9.

10. — (1) Ko person other than a licensed culler shall unUcenBed^ make measurement of saw-logs cut upon Public Lands for the to make purposes of a return to the Department ; but where it is made ments. to appear to the satisfaction of the Minister that the services of a licensed culler are not procurable, the Minister may issue a special permit to any trustworthy and skilled person to act as culler, upon his taking the prescribed oath, but such per- Proviso, mit shall not extend beyond the 1st day of July next follow- ing its date.

(2) This section shall not apply to the operations of any lumber company, person or firm whose gross annual output is under 250,000 feet board measure. R.S.O. 1897, c. 186, s. 10.

11. It shall be the duty of every culler to measure fairly Duties of and correctly to the best of his skill, knowledge and ability, ^"

all saw-logs which he may be employed to measure, making only such deductions as are necessary to allow for rots or other defects, and to enter in a book of record, for the purpose of return to the Department, what he believes to be the proper contents of the logs, noting also the number of saw-logs rejected as worthless, commonly called culls. R.S.O. 1897, c. 186, s. 11.

12. Upon all logs culled or rejected as wholly worthless he S)"b|ma?ked shall mark the word " cull " in plain letters, but he shall not

mark " cull " upon any log which is intended to be hauled to any river, lake or stream for the purpose of being driven to a mill. R.S.O. 1897, c. 186, s. 12.

13. All licensed cullers shall submit their books and records o"^ooks"and of measurement for the inspection of any Crown timber agent, records of Crown timber ranger, or other officer of the Department when

called upon so to do, and shall give all information asked for if in their power, and furnish any statements or copies of statements which the Department or its agents may require. R.S.O. 1897, c. 186. s. 13.

92

Returns to be made by cullers.

14. At the end of the season every culler shall make a sworn return upon forms supplied by the Department or its agents, which shall show the number of pieces measured and accepted by him, and their respective lengths and diameters, and also the number of pieces rejected as worthless. R.S.O. 1897, c. 186, s. 14.

Cancellation 15^ jf ^ culler neglects or refuses to carry out and obey

Oi license ^ • "^ *^

the provisions of this Act, or any regulations made under it, the Minister may cancel his license and such culler shall not thereafter be eligible to cull or measure saw-logs cut upon Public Lands, and if he does so he shall incur a penalty of not less than $10 or more than $50 recoverable under The 10 Edw. yii. Ontario Summary Cmvictions Act. K.S.O. 1897, c. 186, s. 15.

Penalty for 16. If a culler wilfuUy undermeasures or mismeasures or hifpro^er improperly culls and rejects any saw-logs, or makes a false ments^'or return for the purpose of deceiving or defrauding, his license false returns, gjiall be revoked, and he shall not thereafter be permitted to act as culler under this Act ; and in addition he shall incur a penalty of not less than $20 or more than $100, recoverable ^'" under The Ontario Summary Convictions' Act. R.S.O. 1897, c. 186, s. 16.

10 Edw c. 37.

la- ■^'^* "^^^^ ^^^ shall not abrogate any regulations made tions under under The Crown Timber Act, except in so far as they may Rev. Stat, c ^^ inconsistent herewith. R.S.O. 1897, c. 186, s. 17.

18. Chapter 186 of the Revised Statutes, 18&7, is repealed.

Act not to affect regula

32.

Repeal.

92

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No. 93. 1911.

BILL

An Act respecting Innkeepers and Others.

HIS MAJESTY, by aiid with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:—

1. This Aot may be cited as The Innkeepers' Act. New. ^^^^^ "tie.

~ Interpreta-

^. In tnis Act, tion.

(a) " Inn " shall include an hotel, inn, tavern, public house or other place of refreshment, the keeper of which is by law responsible for the goods and property of bis guests; and

{!)) "Innkeeper" shall mean the keeper of any such " innkeeper. ■ place. R.S.O. 1897, c. 187, s. 1.

3. — (1) Every innkeeper, boarding-house keeper and gl|e, °etc.,^^" lodging-house keeper shall have a lien on the baggage and^^^tion^" property of his guest, boarder or lodger, for the value or ^^.^^g^"'"^^^^ price of any food or accommodation furnished to him or on power to sell, his account.

I

(2) In addition to all other remedies provided by law, he shall have the right, in case the same remains unpaid for three months, to sell (by public auction the baggage and property of such guest, boarder or lodger, on giving one week's notice by advertisement in a newspaper published in the municipality in which the inn, boarding-honse, or lodging-house is situate, or in case there is no newspaper published in the municipality, in a newspaper published nearest to such inn, boarding-house, or lodging-honse, of the intended sale.

(3) The advertisement shall state the name of the guest, l)oarder or lodger, the amount of his indebtedness, the time and place of sale, and the name of the auctioneer, and shall

93

give a description of the baggage or other property to be

sold.

iiikii ;;^ ht^jibi:*.^^. '•

Lien on horses and carriages.

Ijien on horses, etc. and power to sell.

1^4:) TJie innkeeper, boarding-house keeper, or lodging house keeper may apply the proceeds of the sale in payment of the amount due to him, and the costs of such advertising and sale, and shall pay over the surplus, if any, to the per- son entitled thereto, on application being made by him therefor. K.S.O. 1S97, c. 1«7, s. 2 (1).

(5) Every keeper of a livery stable or a boarding stable shall have a lien on every horse or other animal hoarded at or carriage left in such livery stable or boarding stable for his reasonable charges for boarding and caring for such horse, animal or carriage. 4 Edw. VII. c. 10, s. 44.

(6) Where an innkeeper, boarding-house keeper, lodging- house keeper, livery stable keeper or boarding stable keeper, has a lien upon a horse, other animal or carriage fojr the value or price of any food or accommodation supplied, or for care or labour bestowed thereon, he shall in addition to all other remedies provided by law, have the right, in case the same remains unpaid for two weeks, to sell by public auc- tion such horse, animal or carriage on giving two weeks' notice by advertisement in a newspaper published in the municipality in which the inn, boarding-house, lodging- house, livery stable or boarding stable is situate, or in case there is no newspaper published in the municipality, in a newspaper published nearest to such inn, boarding-house, lodging-house, livery stable or boarding stable of the in- tended sale.

(7) The advertisement shall state the name, if known, of the person or persons who brought such horse, animal or carriage to the inn, boarding-house, lodging-house, livery stable or boarding stable, the amount of the indebtedness, and the name of the auctioneer, and shall give a description of the horse, animal or carriage.

(8) The innkeeper, boarding-house keeper, lodging- house keeper, livery stable keeper or boarding si able keeper may apply the proceeds of the sale in payment of the amount due to him, and the costs of such advertisement and sale, and shall pay over the surplus, if any, to the person entitled thereto on application being made by him therefor. R.S.O. 1897, c. 187, s. 2 (2) ; 7 Edw. VII. c. 23, s. 17.

Innkeeper "*• — H) '^^ innkeeper shall be liable to make good to

loss "^'^goods ^^^"^ guest of such innkeeper, any loss of or injury to goods and proper- or property brought to his inn not being a horse or other

93

live animal, or any gear appertaining thereto, or any carri- beyond $40, age, to a greater amount than the sum of $40 except in the following cases, that is to say: —

(a) Where such goods or property have been stolen, by his wiifui lost, or injured through the wilful act, default, ^^fauit, or neglect of such innkeeper, or any servant in his employ;

(6) Where such goods or property have been deposited or unless de- expressly for safe custody with such innkeeper, him'^for Tafe

keeping.

(2) In case of such deposit, it shall be lawful for such innkeeper, if he thinks lit, to require as a condition of his liability that such goods or property shall be deposited in a box or other receptacle, fastened and sealed by the person depositing the same. K.S.O. 1897, c. 187, s. 3.

5. If an innkeeper refuses to receive for safe custody, as L,iai3iiity >oi mentioned in clause (6) of subsection 1 of the next preceding J^ke^^har-e section, any goods or property of his guest, or if such guest, o^ goods through any default of such innkeeper, is unable to deposit

such goods or property, the innkeeper shall not be entitled to the benefit of this Act in respect thereof. R.S.O. 1897, c. 187, s. 4.

6. Every innkeeper shall cause to be kept conspicuously (j^^y ^f g^„ posted up in the office and public rooms and in every bed- ^1°^ *. ^^ '-f room in his inn a copy of section 4, printed in plain type;iy exhibited and he shall be entitled to the benefit thereof in respect of

such goods or property only as are brought to his inn while such copy is so posted up. K.S.O. 1897, c. 187, s. 5.

7. The lien of an innkeeper or boarding-house keeper i^jj^^ggp^^ upon the wearing apparel of any servant or labourer shall ^^^;^g"^^jj^g"^ not extend to any greater sum than $6, and on payment or on wearing; tender of that sum, or of any less sum due, such wearing servant or apparel shall be immediately given up, whatever may be the for°imn-e amount due by such servant or labourer. 10 Edw. VII. ^'^^" ^^"

c. 26, s. 9. (See R.S.O. 1897, c. 157, s. 6.)

8. Chapter 187 of the Revised Statutes, 1897, and sec- Repeal, tion 44 of chapter 10 of the Acts passed in the 4th year, section 17 of chapter 23 of the Acts passed in the 7th year,

and section 9 of chapter 26 of the Acts passed in the 10th year of the reign of His late Majesty King Edward the Seventh are repealed. ,

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No. 94.

1911

An Act respecting the Solemnization of Marriage.

Shoet Title, s. 1. Ministers of all denominations may solemnize marriages,

S. 2.

Marriage by Quakers, s. 3. Marriages to be either by

LICENSE OR certificate, OR BY banns, and within CER- TAIN HOURS, ss. 4, 5.

Protection of ministers, s. 6.

Issue of licenses or certifi- cates, ss. 7-14.

Persons whose consent requir- ed TO THE MARRIAGE OF A MINOR, S. 15.

Certain marriages prohibited,

s. 16. Affidavit required to obtain a

license or certificate, s.

17. Consent to be produced, s. 17.

Prohibited degrees, s. 18.

License, etc., not to issue if issuer knows or suspects that affidavit is false, etc., s. 19.

Return to Provincial Secre- tary, s. 20.

Fees for licenses, s. 21.

Marriage need not be in a church, nor invalid be- cause not within particu- lar hours, s. 22.

Certificate of marriage to be

GIVEN by minister IF RE- QUIRED, S. 23.

Registry book, ss. 24-27.

Certain marriages declared VALID, ss. 28-32.

Power to declare certain marriages invalid, 8. 33.

Repeal, s. 35.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. This Act may be cited as The Marriage Act. R.S.O. short tiue. 189Y, e. 162, s. 1. '

WHO MAY SOLEMNIZE MARRIAGES.

2. The following persons, being men and resident in who may Canada, may solemnize marriage between j)ersons not marriage in under a legal disqualification to contract such marriage:

(a) The ministers and clergymen of every church and Ministers religious denomination duly ordained or ap-men. pointed according to the rites and ceremonies of the church or denomination to which they respectively belong;

94

Elders, etc.. Congrega- tions of God and Disciples Christ

of

(h) Any elder, evangelist or missionary for Dhe. time being of any dhurcli or congregation of the religious people commonly called or known congregationally as "Congregations of God" or "of Christ/' and individually as " Disciples of Christ," who from time to time is chosen by any guch congregation for the solemnization of marriages ;

Officers of

Salvation

Army.

(c) Any duly appointed commissioner or staff oflScer of the religious society called the Salvation Army, chosen or commissioned by the society to solemnize marriages. E..S.O. 1897, c. 162, s. 2.

Elders of Farringdon Independ- ent' Church.

(d) Any elder for the time being of the church or con- gregation of religious people commonly called or known congregationally as " Parringdon Independent Church," who, from time to time, is chosen by such church or congregation for the solemnization of marriages. 4 Edw. VII. c. 10, s. 39.

Minister of the Breth- ren.

(e) Any recognized evangelist, teacher or elder for the time being of any congregation of Christians commonly called or known as " Brethren," who may be appointed by any such congregation for the solemnization of marriages, and whose ap- pointment has previously been filed in the office of the Provincial Secretary. 6 Edw. VII. c. 19, s. 27.

Marriages 3. Every marriage duly solemnized according: to the

solemnized .^ ^ ,^ ci t. n • «.

by Quakers, ntes, usages and customs of the religious Society of Friends, commonly called Quakers, shall be valid; and all the duties imposed by this Act, or by The Vital Statistics

8 Edw. VII. ^^^^ upon a minister or clergymian, shall, with regard to such marriage, be performed by the clerk or secretary of the society or of the meeting at which the marriage is solemnized; but nothing herein shall require the marriage to be celebrated or solemnized by such clerk or secretary. E.S.O. 1897, c. 162, s. 3.

28.

Marriages

not to be

solemnized

unless

under

license or

oertiflcate.

MCENSE^ CERTIFICATE OE PROCLAMATION REQUIRED.

4. — (1) 1^0 minister, clergyman or other person shall solemnize any marriage, unless duly authorized so to do by license under the hand and seal of the Lieutenant-Governor or of his deputy, or by a certificate under this Act, unless

94

the intention of the persons to intermarry has been pub- lished as provided by subsection 2.

(2) Such intention sihall be proclaimed once openly, andor after in an audible voice, either in the church, chapel or meet-tion of in- ing-house in which one of the persons has been in the ^^^^ ^'^ habit of attending worship, or in some church, chapel, meeting-house or place of public worship of the congre- gation or religious body with which the minister or clergyman who performs the ceremony is connected, in

the local municipality, parish, circuit or pastoral charge, where one of the persons has, for the space of fifteen days immediately preceding, had his or her usual place of abode; and where both the persons do not reside in the same local municipality, parish, circuit or pastoral charge, and the marriage is not authorized by license or certificate, a similar proclamation shall be made in the local municipal- it}^, parish, circuit or pastoral charge, being within Can- ada, where the other of the contracting parties has for the space of fifteen days immediately preceding had his or her usual place of abode; and where the proclamation last mentioned is required such marriage shall not be solem- nized until there is delivered to the person proposing to solemnize it a certificate. Form 1, showing that such pro- clamation has been made.

(3) Every such proclamation shall be made on a Sunday, Made on immediately before the service begins or immediately after ^'^""'^ay. it ends, or at some intermediate part of the service.

(4) The certificate of proclamation shall be signed by the certificate of clergyman, minister, clerk, secretary or other person who tkm o™tn- actually proclaimed the same, and shall show the official Mention. position of the person who signs it. R.S.O. 1897, c. 162,

s. 4.

5. — (1) 'No marriage shall be solemnized under the au- prociama- tihority of any proclamation of intention to intermarry, fjcense^ to unless such proclamation has been made at least one week '^p^. ""^®^^

-, T 1 • marriage

previously, nor unless the miarriage takes place within takes place three months after the Sunday upon whi<^h the proclama- months, tion was made; nor shall a marriage be solemnized under the authority of any license or certificate unless within three months after the date thereof.

(2) No clergyman, minister or other person shall solera- Hours dur- nize a marriage between the hours of 10 o'clock after noon mfrrTages and 6 o'clock before noon unless he is satisfied from evidence p^^^ce^ ^^^ adduced to him that the proposed marriage is legal and

94

that exceptional circumstances exist Which render its solem- nization between those hours advisable.

Witnesses (3^ i^q clergyman, minister or other person shall solem-

nize a marriage without the presence of at least two adult witnesses, and two or more of such witnesses sihall affix their names as witnesses to the record in the register pre- scribed by section 24.

Issuer of (4) No clergyman, minister or other person w'ho is an

licenses not issuer of marriage licenses shall solemnize the marriage in

partiesT'^ ^^^auv case in which he has issued the license or the certificate

provided for by section 7 authorizing such marriage but this

subsection shall not apply to any of the Provisional Judicial

districts except Muskoka. K.S.O. 1897, c. 162, s. 5 (1-4).

License and (5) The Certificate or license to marry or the certificate to be deii^ver- of proclamation, when such certificate is required, shall be soiemni^lng'^l^ft with the clergyman, minister or other person who solem- miarriage. nizes the marriage, and he shall forthwith after such solem- nization endorse upon the certificate or license the date of the marriage and the names and descriptions of the wit- nesses, and thereupon forward such certificate or license to the Eegistrar-General. K.S.O. 1897, c. 162, s. 5 (5) ; 5 Edw. VII. c. 13, s. 15 (1).

Protection of 6. No clergyman, minister or other person who solem- solemnizing nizes a marriage ceremony after banns have been published ^^d^fafth. "or a license or certificate has been issued under this Act in respect thereto, shall be subject to any action or liability for damages or otherwise by reason of there having been any legal impediment to the marriage, unless at the time when he performed the ceremony he was aware of the impediment. E.S.O. 1897, c. 162, s. 6*

I neu^of^*^^ *" '^- ^ certificate, Form 2, according to the circumstances marriage of the case, may, at the option of the applicant, be sub- stituted and shall have the same legal efl^ect as a license. R.S.O. 1897, c. 162, s. 7.

ISSUE OF LICENSES AND CERTIFICATES.

certificates"^ ^" T-'icenses and certificates shall be issued from the office how issued, of the Provincial Secretary, and shall be furnished to per- sons requiring the same by such persons as the Lieutenant- Governor in Council may appoint for that purpose. R.S.O. 1897, c. 162, s. 8.

Validity Gt 9. Every license under the hand and seal of the Lieu- certificates. tenant-Governor or his deputy and every certificate signed

94

by the Provincial Secretary, or Assistant Provincial Secre- *

tary, for the purpose of the solemnization of a marriage, shall be and remain valid, notwithstanding that the Lieu- tenant-Governor or his deputy, or the Provincial Secretary, or the Assistant Provincial Secretary has ceased to hold office before the time of the issue of the license or certificate. E.S.O. 189Y, c. 162, s. 19.

10. If any person issues any license or certificate for unauthor- the solemnization of marriage without the authority of the jfc^nJ^g^^^"^ Lieutenant-Governor in Council unless under the authority ^^^i^cates. of section 11, he shall incur a penalty of $100 for every license or certificate so issued recoverable under The Ontario Summary Convictions Act. E.S.O. 1897, c 162, s. 10. lo Bdw. vii.

appointmejstt of deputy issuers.

11. — (1) An issuer of marriage licenses or certificates Appoint- may with the approval, in writing, of the Mayor or Reeve dlputy- of the local municipality wherein he resides, when prevented marriage' from acting by illness or accident, or where his temporary J^'^^^^^|^j'^'t'^ absence is contemplated, appoint by writing under his hand Mayor or a deputy to act for him.

(2) The deputy while so acting shall possess the powers powers of and privileges, as to administering necessary oaths and^gP"*^" otherwise, of the issuer appointing him.

(3) The issuer shall, upon appointing a deputy, forth- Notice^of with transmit to the Provincial Secretary a notice of the ment of appointment, and of the cause thereof, and of the name

and official position of the person by whom the appoint- ment has been approved, and the Lieutenant-Governor may at any time annul the appointment.

(4) Where there is no Mayor or Reeve to give the^PP^'"*- approval required by subsection 1, the issuer may without deputy where such consent, appoint such deputy, and the licenses or cer- R°eva!^°'^ °^ tificates issued by such deputy shall be deemed to authorize

the solemnization of marriages at the same places as licenses or certificates issued by the issuer, and no irregu- larity in the appointment of a deputy shall affect the validity of a license or certificate issued by hira. R.S.O. 1897, c. 162, s. 11.

(5) The deputy shall sign each license and certificate How licenses issued by him with the name of the issuer as well as his own by deputy.^ name in the following manner: — "A.B. — Issuer of Mar- riage Licenses, per CD., Deputy-Issuer.'' R.S.O. 1897,

c. 162, s. 12, part.

94

EFFECT OF IRREGULAR ISSUE OF LICENSE OR CERTIFICATE.

Irregularity in issue not to affect.

12. No irregularity in the issue of a license or certifi- cate where it has been obtained or acted on in good faith shall iiivialidate a marriage solemnized in pursuance thereof. RS.O. 1897, c. 162, s. 12, paH.

UNISSUED LICENSES OR CERTIFICATES.

Provincial Secretary.

Unissued J^R, Everv issucr of licenses or certificates and every

licGnsGS to d6 . •' V

returned to other pcTSon having unissued licenses or certificates in his possession, power, custody, or control, shall, whenever re- quired so to do, transmit the same to the Provincial Secre- tary; and the property in all unissued licenses and certifi- cates shall be and remain in His Majesty. K.S.O. 1897, c. 162, 8. 13.

EXPENSES OF PROCURING LICENSES.

Expenses incident to procuring licenses.

14. All expenses incident to providing licenses and cer- tificates shall be paid by the issuer thereof. R.S.O. 1897, c. 162, s. 14.

MARRIAGE OF PARTY UNDER 18 YEARS.

required to ^^- — i^) Where either of the parties to an intended mar- where^one of ^'^^g^ ^^t a widower or a widow is under the age of eighteen the parties isyears, the Consent of the father, if living, or, if he be dead, ei^lieen. of the mother, if living, or of a guardian, if any has been duly appointed, shall be required before the license is issued.

Consent to be (2) Where such consent is necessary, no license or certifi-

produced ^ ' . . .

before license cate shall be issued without the production of the consent, and the issuer or deputy-issuer shall satisfy himself of the genuineness of the consent by satisfactory proof in addition to the affidavit required of one of the parties.

ents^^re*dead (^) "^^ *^^ ^^^^ ^^ ^ P^i'tj under the age of eighteen years

and there is and not being a widower or a widow, if the father and

' mother are dead and there is no guardian duly appointed,

the issuer or deputy-issuer, on being satisfied as to the facts,

may grant the license or certificate.

If parents not resident In the Province.

(4) Where the parent whose consent is required, though living, is not a resident of Ontario, and is not in Ontario at the time of the application for a license or certificate, and the party under the age of eighteen years is and has been so resident for the next preceding twelve months, the issuer or deputy-issuer, on being satisfied by evidence of these facts,

94

maj grant the license or certificate. K.S.O. 1897, c. 162, s. 15.

10. ISTo license or certificate sliall be issued to any No license to person under the age of fourteen years, except where a mar- marriage to riage is shown to be necessary to prevent the illegitimacy of ^^j^^g^^'^g^f^l^ oflfspring, and a certificate to that effect is giveji by a legally party under qualified medical practitioner known to the issuer or deputy- issuer, and except in such a case no person shall celebrate the marriage ceremony in any case in which either of the contracting parties is under the age of fourteen years, to the knowledge or information of such person. R.S.O. 1897, c. 162, 6. 16. Part.

PENALTY FOE MARRYING IDIOT OR INSANE PERSON.

17. If any minister, clergyman or other person solem- insane nizes a marriage knowing or having reason to believe that not ^to°be either of the parties to it is an idiot or insane, he shall incur ^"a-^^ied. a penalty of $500, and shall also, in the discretion of the Court, be liable to imprisonment for any period not exceed- ing twelve months. K.S.O. 1897, c. 162, s. 16.

AFFIDAVIT FOR ISSUE OF LICENSE OR CERTIFICATE.

18. — (1) Before a license or certificate is issued, one of Affidavit to the parties to the intended marriage shall personally make one of the an affidavit, Form 3, before the issuer or deputy-issuer which fo/e^ifcenl^e shall state : granted.

{a) In what county or district it is intended that the marriage shall be solemnized, and in what city, town, village, or place therein ; and

(h) That he or she believes there is no affinity, con- sanguinity, prior marriage, or other lawful cause or legal impediment to bar or hinder the solemnization of the marriage ;

(c) That one of the parties has for the space of fifteen days immediately preceding the issue of the license or certificate had his or her usual place of abode within the county or district in which, for either municipal or judicial purposes, the local municipality or place in which the mar- riage is to be solemnized lies ;

Or, if the county or district in which it is intended that the marriage shall be solemnized is not that in which either of the parties has for the space of

94

Facts show- ing whether consent is necessary.

fifteen days immediately preceding the issue of the license or certificate, had his or her usual place of abode, that the reason for Jiaving the marriage solemnized in such place is not to evade due 'publicity or for any other improper pur- pose;

(d) The age of the deponent, and that the other con-

tracting party is of the full age of eigthteen years, or the age of such other contracting party, if under the age of eighteen years, as the case may be;

(e) The condition in life of each of the parties, whether

bachelor, widower, spinster or widow, and

(/) The facts necessary to enable the issuer or deputy- issuer to judge whether or not the required con- sent has been duly given in the case of any party under the age of eighteen years, or whether or not such consent is necessary. RS.O. 1897, e. 162, s. IT.

Written con- (£) Where a party who is not a widower or a widow h

produced and under the age of eighteen years, the written consent of the

affidavit. ° person whose consent to the marriage is required shall be

produced and annexed to the affidavit, and its execution shall

be verified by affidavit which shall be made before the issuer

or deputy-issuer. R.S.O. 1897, c. 162, s. 18.

Prohibited 19. — (1) Upon the back or at the foot of the printed

slt^flj^thV forms of affidavits to be made by the parties shall be printed affidavit. ^ memorandum, Form 5, showing the degrees of affinity and consanguinity which bar or hinder the solemnization of mar- riage between them ; and no affidavit shall be acted upon by the issuer or deputy-issuer which has not such memorandum printed thereon ; and upon the back or at the foot of the cer- tificates or licenses issued shall be printed such extracts from this Act as are necessary to show what persons are author- ized to solemnize marriage in Ontario, or an epitome of the orovisions in reference thereto.

Duty of (2) The issuer or deputy-issuer, before administering the

ifcenJe^' oath, shall see that the applicant is aware what degrees of

affinity or consanguinity are a bar to the solemnization of

marriage. RS.O. 1897, c. 162, s. 19.

Degrees of (3) The degrees of affinity and consanguinity within consan- which if persons are related they are prohibited from con-

gum ty. tracting marriage with each other, as declared in and by the

94

Statute passed in the 28th year of His Majesty King Henry 28 Hy. viii. VIII., chapter 7, section 7, as modified by the Revised Rev. "stlt". Statutes of Canada, 1906, chapter 105, are set forth inC^"'^-i05. Schedule A.

(4) If at any time hereafter changes are made in the law changes in affecting the degrees of relationship with Which marriage vided for. may not be lawfully contracted, the Lieutenant-Governor in Council may direct such changes to be made in Form 5, so as to make it comformable to the law for the time being. 2 Edw. VII. c. 23, s. 1.

LICENSE NOT TO BE ISSUED IN CERTAIN CASES.

20. — (1) Where the person having authority to issue the ^^«"g|,|^'^^^''j license or certificate has personal knowledge that the facts areknowiedge net as required by section 15, he shall not issue the license or consent not certificate ; and if he has reason to believe or suspect that the °^^^^"®<*- facts are not as so required, he shall, before issuing the license or certificate, require further evidence to his satis- faction in addition to the affidavit prescribed by section lY.

(2) The issuer or deputy-issuer shall keep on record tte^J^^I^^^® affidavits or depositions proving the facts of which he is re- license quired to be satisfied before issuing a license or certificate. kept.

(3) Every issuer or deputy-issuer of marriage licenses Particulars

in- 1-^1 . K "^ . T ^ ..n to be sent to

shall immediately upon issuing a marriage license or certin- Registrar- cate, fill up on a form endorsed upon the affidavit prescribed ^^'^^^^^• by section lY the particulars contained in Form 5, or such of them as he is then able to give, and shall forward the same forthwith to the Eegistrar-General. R.S.O. 1897, c. 162, ^

s. 20, part. Amended.

21. Every issuer of marriage licenses shall, on making Certifi(»,te application to the Provincial Secretary for a new supply of on issuer licenses, certify that a complete return of every license issued for ifcenses. by him or his deputy has been forwarded to th^ Registrar- General. R.S.O. 1897, c. 162, s. 20, paH; 5 Edw. VII. c. 13, s. 15 (2).

FEES FOR LICENSE.

22. "No fee shall be payable for a license or certificate. Fees for except the sum of $2, which the issuer of the license or cer- certificates, tificate shall be entitled to retain for his own use; but the Lieutenant-Governor in Council may from time to time re- duce the Rum so payable. R.S.O. 1897, c. 162, s. 21.

94

10

MARRIAGE OUT OF CHURCH VALID.

Sroundrof""" ^^* ^^ ^^^^^ ^^^ ^^ ^ ^'^^^^ objection to the legality of a pjace or hour marriage that the same was not solemnized in a consecrated marriage, ^jjj^p^j^ ^j. chapel, Or within any particular hours. R.S.O. 1897, c. 162, s. 22.

MARRIAGE CERTIFICATES.

brgi^en'^^by" ^^- Every clergyman, minister or other person who person solera- solemnizes a marriage, and the clerk or secretary of a society

mzing mar- /• r^ -i r ^ • n • ^ ,

riage when 01 Quakers, or 01 the meeting at which the marriage is required. solemnized, shall, at the time of the marriage, if required by either of the parties thereto, give a certificate of the marriage under his hand, specifying the names of the persons mar- ried, the time of the marriage, and the names of two or more persons who witnessed it, and specifying also whether the marriage was solemnized pursuant to license or certificate under this Act, or after proclamation of intention to inter- marry; and the clergyman, minister, clerk or secretary may demand twenty-five cents for a certificate given by him from the person requiring it. R.S.O. 189Y, c. 162, s. 23.

REGISTRATIOlSr OF MARRIAGES.

b?re|i^tlred ^^* ^^^^y clergyman, minister, or other person author- by person ized to solemnize marriage shall, immediately after he has

solemnizing. , ••! • " . ' . "^ , ii.

solemnized a marriag'e, enter m a register, to be kept by him for the purpose, unless a similar register is kept in the church at which he officiates, in which case the entries shall be made in that book, the particulars mentioned in Form 5, and shall authenticate the same by his signature. R.S.O. 1897, c. 162, s. 24.

> appi^^o" *° ^^- — (^) Every clergyman, minister or other person marriage authorized to solcmnize marriage, where a marriage register clerk of is not already possessed by any church or congregation over paiiTy.^' which he is placed or has charge, shall make application for

a register to the clerk of the local municipality within which the church or congregation is situate, and the clerk shall thereupon supply such register at the cost of the munici- pality.

(2) One additional register may be supplied at the cost of the municipality to any clergyman, minister or other per- son authorized to solemnize marriage, and a register shall also, on application, be supplied at the like cost to any clergy- man or minister in the municipality who is not in charge of a church or congregation.

94

11

(3) Everj clergyman or minister in charge of a church in unorgan- or congregation in an unorganized township shall, upon a g^^ipg^"'^"' written application to be made by him to the Registrar- General, receive a register, to be supplied by the Registrar- General. R.S.O. 1897, c. 162, s. 25.

(As to returns to be made see The Vital Statistics Act, 8 Edw. VII. c. 28, s. 21.)

27. The register, by whomsoever furnished, shall be the Pj'oPl^^y ^" property of the denomination or body to which the clergy- man, minister or other person to whom it is delivered, be- longs at the time of the delivery thereof, and where he is in charge of a particular congregation of such denomination, it shall belong to the trustees or other body in which the pro- perty of the church or meeting house used by such congrega- tion for its ordinary services is vested. R.S.O. 1897, c. 162, s. 26.

COPIES OF ACT TO BE SUPPLIED ON REQUEST.

28. Printed copies of this Act shall be furnished in Printed pamphlet form by the Clerks of the Peaee, by mail if de- Act to be sired, post paid, to any person applying therefor, upon pay- furnished, ment of ten cents for each copy, and the Clerks of the Peace may obtain from the King's Printer as many copies as they may require at the rate of fifty cents per dozen. R.S.O. 1897, c. 162, s. 27.

CERTAIN MARRIAGES VALIDATED.

29. Any marriages which, before the 1st day of April, Marriages 1889, had been solemnized in this Province by clergy- solemnized men or ministers duly ordained or appointed as such accord- not ^resident ing to the rites and ceremonies of the churches to which they vaiidat^d° belong, or by commissioners or staff ofHcersi of the Salvation Army, between persons not under any legal disqualification for entering into the contract of matrimony are hereby de- clared to have been and to be lawful and valid marriages, so far as respects the civil rights in this Province of the parties or their issue, and so far as respects all matters wit*hin the jurisdiction of the Ontario Legislature, notwithstanding that the person who solemnized any such marriage was not at the time a resident of this Province;

Provided that the parties thereafter lived together and Proviso. • cohabited as man and wife, and that the validity of the mar- riage had not, before the said date, been questioned in any suit or action; and

94

12

Proviso. Provided, further, that nothing in this section shall make

valid any such marriage in case either of the parties thereto has since contracted matrimony according to law; and in such a case the validity of tihe marriage by a non-resident shall be determined as if this section had not been passed. R.S.O. 1897, c. 162, s. 28 ; 62 V. (2) c. 11, s. 17-

rfagls" ™^^' ^^' ^^y marriages wtich before the 4th day of May, solemnized in 1891, had been solemnized in this Province according to the

Society of . , ~

Friends be- ritcs, usagcs and cus'toms of the religious society called the

mi. ^'Society of Friends, commonly called Quakers, between per-

sons not under any legal disqualification for entering into the contract of matrimony, are hereby declared to have been and to be lawful and valid marriages so far as respects the civil rights in this Province, of the parties, or their issue, and so far as respects all matters wit'hin the jurisdiction of the Ontario Legislature.

Proviso. Provided that the parties thereafter lived together and

cohabited as man and wife, and that the validity of the mar- riage had not been questioned in any suit or action before the tenth day of February, 1891; and

Proviso. Provided, further, that nothing in this section shall make

valid any such marriage in case either of the parties thereto had since such marriage, and before the 4th day of May, 1891, contracted matrimony according to law; and in such case the validity of the marriage shall be determined as if tJhis section had not been passed. R.S.O. 1897, c. 162, s. 29.

Marriages 31. Every marriage solemnized in this Province before

solemnized the 26th day of April, 1904, according to the rites, usages the^Farrin°g- ^nd Cus'toms of the " Farringdon Independent Church," by pendent^' an elder thereof, is hereby declared to have been and to be Church lawful and valid, so far as respects the civil rights in this

Province of the parties and their issue, and so far as respects all matters within the jurisdiction of the Ontario Legisla- ture;

Provided that the parties thereafter lived together and cohabited as man and wife, and that the validity of the mar- riage had not theretofore been questioned in any suit or action; and

Provided, further, that nothing in this section shall make valid any such marriage in case either of the parties thereto (had since such marriage and before that date contracted matrimony according to law, and in such case the validity of the marriage shall be determined as if this section had not been passed. 4 Edw. VTL c, 10, s. 40.

Certain mar- 32, Any marriages which, prior to the 1st of January, cordlng^to 1890, were solemnized according te the law of the Province

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13

of Manitoba in that portioa of the Province of Ontario lying Manitoba west of the meridian of the confluence of the Ohio and Mis- fiVmed!"" sissippi Rivers, between persons not under a legal disquali- fication to contract such marriage, are hereby declared to have been and to be lawful and valid marriages so far as re- spects the civil rights in this Province of the parties or their issue, and so far as respects all matters witjhin the jurisdic- tion of the Ontario Legislature.

Provided that the parties thereafter lived together and P'"o^>^''°- cohabited as man and wife, and that the validity of the mar- riage had not theretofore been questioned in any suit or action; and

Provided, further, that nothing in this section shall make Proviso, valid any such marriage in case either of the parties thereto had since such marriage contracted matrimony according to law and in such case the validity of the marriage shall be determined as if this section had not been enacted.

Provided, further, that nothing in this section shall Exception validate any marriage or alleged marriage which may Bennett." have been contracted by one James Gordon Bennett, who died in the City of Winnipeg, in the Province of Manitoba, in the year 1904. 8 Edw. YII. c. 33, s. 40.

I

33. Every marriage heretofore or hereafter solemnized certain mar- between persons not under a legal disqualification to contract deemed valid such marriage shall, after three years from the time of theyea/s or^on solemnization thereof, or upon the death of either of thcof^the"^ °^^ parties before the expiry of such time, be deemed a valid parties, marriage so far as respects the civil rights in this Province of the parties or their issue, and in respect of all matters within the jurisdiction of the Legislature of Ontario, not- withstanding that the clergyman, minister or other person who solemnized the marriage was not duly authorized to solemnize marriage, and notwithstanding any irregularity or insufficiency in the proclamation of intention to intermarry or in the issue of the license or certificate, or notwithstand- ing the entire absence of both.

Provided that the parties, after such solemnization, lived Proviso, together and cohabited as man and wife, and that the validity of the marriage was not before such death or before the ex- piry of such three years questioned in any suit or action ; and

Provided, further, that nothing in this section shall make Provi.so. valid any such marriage in case either of the parties thereto has before the death of the other and before the expiration of such three years contracted matrimony according to law, and in such case the validity of the marriage shall be deter- mined as if this section had not been passed. R.S.O. 1897, c. 162, s. 30.

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14

HIGH COURT MAY DECLAKE CERTAIN MARRIAGES INVALID.

Declaration of nullity of marriage.

34. — (1) Where a form of marriage lias been or is gone through between persons either of whom is under the age of 18 years without the consent required by section 15, the Ilig-'h Court, notwithstanding that a license or certificate was granted and that tihe ceremony was performed by a person authorized by law to solemnize marriage shall have jurisdic- tion and power in an action brought by either party who was at the time of the ceremony under the age of 18 years, to declare and adjudge that a valid marriage was not effected or entered into.

Proviso.

Provided tJhat such persons have not after the ceremony cohabited and lived together as man and wife, and that the action is brought before the person bringing it has attained the age of 19 years.

Saving as to (2) ITothing in this section shall affect tlie excepted cases prevent mentioned in section 16 or apply wiiere after the ceremony

etc.^'*™^*^^' there has occurred that which if a valid marriage had taken place would have been a consummation thereof.

When Court (3) The Higt Court sball not be bound to grant relief in

not bound to ^ -^ ?i t p i 1 • • i i •

grant relief, the cases provided lor by this section where carnal inter- course has taken place between the parties before the cere- mony.

jud^ent (4) ISTo declaration or adjudication that a valid marriage

made was not effected or entered into stall be made or pronounced

or in^'d^fauit Under the authority of this section upon consent of parties, anc^^or^''' admissions, or in default of appearance or of pleading or pleading. otherwise tfhan after a trial.

court.

Evidence to (5) At every such trial the evidence shall be taken viva in open voce in open court, but nothing in this subsection s'hall pre- vent the use of the depositions of witnesses residing out of Ontario or of witnesses examined de bene esse, wliere, ac- cording to the practice of the Court, such depositions may be read in evidence.

Court may (6) The Court may, of its own motion, require both or

amination ofcither of the parties to be examined before the Court touch- parties, j^^g |.j^^ matters in question in the action.

(7) No trial shall be had until after t^n days' notice +0

Notice to

GeneraL ' the Attorney-Qeueral for Ontario.

Who may (8) The Attorney-General may intervene at the trial or

trial. at any stage of the proceedings and may adduce evidence,

16

examine and cross-examine witnesses in like mannc as a paT'ty d(:fendant, and sliall have the same r'ght of appeal from any such declaration or adjudication as a party de- fendant has. 7 Edw. VII. c. 23, s. 8 ; 9 Edw. VII. c. 62.

KEPEAI..

35. The following Acts and parts of Acts are repealed : Repeal. Chapter 162 of the Revised Statutes of 1897; section 17 of Chapter 11 of the Acts passed in the 2nd Session of the 62nd year of the reign of Her late Majesty Qu'een Victoria; Chapter 23 of the Acts passed in the 2nd year, sections 39 and 40 of Chapter 10 of the Acts passed in the 4th year, section 15 of Chapter 13 of the Acts passed in the 5th year, section 27 of ChaDter 19 of the Acts passed in the 6th year, section 8 of Chapter 23 of the Acts passed in the 7th year, section 40 of Chapter 33 of the Acts passed in the 8th year, and Chapter 62 of the Acts passed in the 9th year of the reign of His late Majesty King Edward VII.

FORM 1. Cebtificate of Pboclamation of Intention to Intebmarky.

I hereby certify that on Sunday, the day of ,

19 , the intention of A.B., of (state residence) and CD.,

of (state residence) to intermarry was duly proclaimed by

me in Church, being the church in the

(state name of township or other local municipality or parish, cir- cuit or pastoral charge). I further certify that I verily believe the said A.B. (or CD.) had his (or her) usual place of abode in the said (township or other local municipality o*- parish,

circuit or pastoral charge) for the space of fifteen days immedi- ately preceding the said Sunday. .

Dated this day of , 19 .

Minister of Church.

R.S.O. 1897, c. 162, Scted. A.

FORM 2.

Certificate before Marriage without Proclamation.

These are to certify that A.B., of and CD., of

being minded, as it is said, to enter into the contract of marriage, and being desirous of having the saine duly solemnized, the said A.B. (or CD.) has made oath, as required by law.

94

16

1. That he (or she) believes that there is no affinity, consan- guinity, prior marriage, or any other lawful cause or legal impedi- ment, to bar or hinder the solemnization of the said marriage, and

2. That said A.B. {or CD. or both, as the case may be), has, (or have) had his (or her, or their) usual place of abode, for the space of fifteen days last past, within the city, (county or district) of

namely, in the township (town or village) of in the said county (or district) of (or where neither of

the parties has resided in the county or district for such fifteen. days. That the reason for procuring the marriage to be solemnized in is not in order to evade due publicity or for any

other improper purpose).

3. That the said A.B. and CD. are of the full age of eighteen years.

[Or that A.B. or CD. is a widower or widow; or is oinder the age of eighteen years, and that the consent of E.D., whose consent to said marriage is required by law, has been obtained; or that the father of ^the said (party under age) is dead, and no guardian of the person of the said (party) has been appointed, and the mother of the said (party) is dead and there is no person hav- ing authority to give consent to said marriage (as the case may be).]

These are therefore to certify that the requirements of The Mar- riage Act have been complied with and such marriage may be solemnized in the County of (naming the county or dis-

trict within which it is intended that the marriage shall 6e solemn nized).

Given under my hand and seal at this day of 19 .

G.H., Issuer (or Deputy issuer) of Licenses. Issued from the Office of the Provincial Secretary for the Province of Ontario this day of 19 .

K.L.

Provincial Secretary R.S.O. 1897, c. 162, Sched. B.

FORM 3.

Affidavit.

1. A.B., of , in the county (or district) of (addition)

make oath and say as follows: —

1. I and CD. of in the county (or district) of (addition) are desirous of entering into the contract of marriage, and of hav- ing our marriage duly solemnized at the town (or village, etc.) of

in the county (or district) of

2. According to the best of my knowledge and belief, there is no affinity, consanguinity, prior marriage or any other lawful cause or legal impediment to bar or hinder the solemnization of the said marriage.

94

17

3. I (or the said CD. or hoth, as the case may he) have (or has) had since the day of 19 my (or his or her or

our) usual place of abode within the municipality of in

the said county (or district. Or if neither of the parties has, for the space of fifteen days immediately preceding the issue of the license or certificate, had his or her usual place of abode in the county or district in which it is intended that the marriage shall be solemnised, add as follows: — The reason for procuring the marriage to be solemnized in is not in order to evade due pub-

licity or for any other improper purpose).

4. I am of the age of years, and the said G.D. is of the full age of 18 years (or the said CD. is of the age years or over).

5. I am a bachelor (or widower), and the said CD. is a spinster (or widow).

6. (If either party is under 18 and not a widower or widow, add) : E.D., of , in the county of is the person whose

consent to the said marriage is required by law, and the said E.D. consents to the said marriage. The paper writing hereto annexed marked "A" is the consent of the said E.D. to the said marriage, and the signature thereto is of the proper handwriting of E.D.

7. The said E.D. Is the father of the said CD. [(or the said E.D. is the mother [or guardian duly appointed] of the said CD. and the father of the said CD. Is dead) (or the father and mother of the said CD. are both dead and no guardian of the said CD. has been appointed) '\.

A.B. Sworn before me, etc., G.H.,

Issuer of Licenses. [Note: The form will be varied as the circumstances of the case may require].

E.S.O. 1897, c. 162, Sched. D.

94

18

FORM 4. Reoistes of Mabbiages.

»	BRIDEGROOM.
His name.	Wf^"
Age.
Residence when married.
Place of birth.
Bachelor or Widower. (B. or w.)
Occupation.
Religious Denomination of Bridegroom.
Names of Parents.

Her name.

Age.

Residence when married.

Place of birth.

Whether Married by Li- cense or Banns (l. or b.)

SiGNATUBES

of Bridegroom

of Bride

BRIDE.

Spinster or Widow, (s. or w.)
Religious Denomination of Bride.
Names of Parents.

of Witnesses,

Residence

.Residence

I certify the above named parties were married by me at , in the County of , this day of

19 .

Minister of, etc.

94

E.S.O. 189Y, c. 162, Sched. E.

19

FORM 5.

Degrees of affinity and consanguinity which under the statutes in that behalf, bar the lawful solemnization of marriage.

A man may not marry his

1. Grandmother.

2. Grandfather's wife.

3. Wife's grandmother.

4. Aunt.

5. Uncle's wife.

6. Wife's aunt.

7. Mother.

8. Step mother.

9. Wife's mother.

10. Daughter.

11. Wife's daughter.

12. Son's wife.

13. Sister.

14. Granddaughter.

15. Grandson's wife.

16. Wife's granddaughter.

17. Niece.

18. Nephew's wife.

19. Wife's niece.*

20. Brother's wife.

A woman may not marry her

1. Grandfather.

2. Grandmother's husband.

3. Husband's grandfather.

4. Uncle.

5. Aunt's husband."*

6. Husband's uncle.

7. Father.

8. Step father.

9. Husband's father.

10. Son.

11. Husband's son.

12. Daughter's husband.

13. Brother.

14. Grandson.

15. Granddaughter's husband.

16. Husband's grandson.

17. Nephew.

18. Niece's husband.

19. Husband's nephew.

20. Husband's brother.

The relationships set forth in this table include all such relation- ships whether by the whole or half blood, and whether legitimate or illegitimate.

*By The Revised Statutes of Canada, 1906, c. 105, it is enacted that "All laws prohibiting marriage between a man and the daughter of his deceased wife's sister where no law relating to consanguinity is violated, are hereby repealed both as to past and future mar- riages."

SCHEDULE A.

And furthermore since many inconveniences have fallen as well within this Realm as others by reason of marrying within the de- grees of marriages prohibited by God's law, that is to say: The son to marry the mother or the step mother carnally known by his father; the brother the sister, the father his son's daughter, or his daughter's daughter, nor shall the son marry the daughter of his father procreate and born by his step mother, nor shall the son marry his aunt, being his father's or mother's sister, nor marry his uncle's wife, carnally known by his uncle, nor shall the father marry his son's wife, carnally known by his son, nor the brother marry his brother's wife carnally known by his brother; nor shall any man married and carnally knowing his wife marry his wife's daughter nor his wife's son's daughter, nor his wife's daughter's daughter . . . And further if it chance any man shall know carnally any woman that then all and singular persons being in any degree of consanguinity or affinity (as is above mentioned) to any of the parties so carnally offending, shall be deemed and ad- judged to be within the cases and limits of the said prohibitions of marriage.

2 Edw. VII. c. 23, s. 2. Sched. G.

94

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ITo. 94.

1911

An Act respecting the Solemnization of Marriage.

Short Title, s. 1. Ministers of all denominations may solemnize marriages,

S. 2.

Marriage by Quakers, s. 3.

Marriages to be either by license or certificate, or by banns, and within cer- tain hours, ss. 4, 5.

Protection of ministers, s. 6.

Issue of licenses or certifi- cates, SS. 7-14.

Persons whose consent requir- ed TO the marriage of a

MINOR, S. 15.

Certain marriages prohibited,

s. 16. Penalty for marrying idiot or

insane person, s. 17. Affidavit required to obtain a

license or certificate, s.

18. Consent to be produced, s. 18. Prohibited degrees, s. 19.

License, etc., not to issue if issuer knows or suspects that affidavit is false,

ETC., s. 20.

Return to Provincial Secre- tary, s. 21.

Fees for licenses, s. 22.

Marriage need not be in a church, nor invalid be- cause NOT WITHIN PARTICU- LAR hours, s. 23.

Certificate of marriage to be given by minister if re- quired, s. 24.

Registration and registers, ss. 25-27.

Copies of act to be supplied, s. 2i8.

Certain marriages declared valid, ss. 29-33.

Power to declare certain marriages invalid, s. 34-35.

Repeal, s. 36.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. This Act may be cited as The Marriage Act, R.S.O. short title. 1897, c. 162, s. 1.

WHO MAY SOLEMNIZE MARRIAGES.

2. The following persons, being men and resident in Who may Canada, may solemnize marriage between persons notma^rriage in under a legal disqualification to contract such marriage:

Ontario.

(a) The ministers and clergymen of every church and^^^^^f^ religious denomination duly ordained or ap-men. pointed according to the rites and ceremonies of the church or denomination to which they respectively belong;

94

2

Elders, etc., Congrega- tions of God and Disciples of Christ.

Officers of

Salvation

Army.

Elders of Farringdon Independ- ent Church.

(&) Any elder, evangelist or missionary for the time being of any dhurch or congregation of the religious people commonly called or known congregationally as "Congregations of God" or " congregations of Christ/' and intdividually as " Disciples of Christ," who from time to time is chosen by any such congregation for the solem- nization of marriages ;

(c) Any duly appointed commissioner or staff officer

of the religious society called the Salvation Army, chosen or commissioned by the society to solemnize marriages. R.S.O. 1897, c. 162, s. 2.

(d) Any elder for the time being of the church or con-

gregation of religious people commonly called or known congregationally as " Farringdon Independent Church," who, from time to time, is chosen by such church or congregation for the solemnization of marriages. 4 Edw. VII. c. 10, s. 39.

Minister of the Breth- ren.

(c) Any recognized evangelist, teacher or elder for the time being -of any congregation of Christians commonly called or known as " Brethren," who may be appointed by any such congregation for the solemnization of marriages, and whose ap- pointment has previously been filed in the office of the Provincial Secretary. 6 Edw. VII. c. 19, 8. 27.

Marriages 3. Every marriage duly solemnized according to the by Quakers, rites, usages and customs of the religious Society of Friends, commonly called Quakers, shall be valid; and all the duties imposed by this Act, or by The Vital Statistics ^^^'Act, upon a minister or clergym^an, shall, with regard to such marriage, be performed by the clerk or secretary of the society or of the meeting at which the marriage is solemnized; but nothing herein shall require the marriage to be celebrated or solemnized by such clerk or secretary. E.S.O. 1897, c. 162, s. 3.

8 Edw, c. 28.

LICENSE, CEETIFICATE OR PROCLAMATION REQUIRED.

Marriages

not to be

solemnized

unless

under

license or

certificate.

4. — (1) 'No minister, clergyman or other person shall solemnize any marriage, unless duly authorized so to do by license under the hand and seal of the Lieutenant-Governor or of his deputy, or by a certificate under this Act, unless

94

8

the intention of the persons to intermarry has been pub- lished as provided by subsection 2.

(2) Such intention shall be proclaimed once openly, and or after in an audible voice, either in the church, chapel or meet- tion oPtn- ing-house in which one of the persons has been in the *®'^*^°"- habit of attending worship, or in some church, chapel, meeting-house or place of public worship of the congre- gation or religious body with which the minister or clergyman who performs the ceremony is connected, in

the local municipality, parish, circuit or pastoral charge, wOiere one of the persons has, for the space of fifteen days immediately preceding, had his or her usual place of abode ; and where both the persons do not reside in the same local municipality, parish, circuit or pastoral charge, and the marriage is not authorized by license or certificate, a similar proclamation shall be made in the local municipal- it;y, parish, circuit or pastoral charge, being within Can- ada, where the other of the contracting parties has for the space of fifteen days immediately preceding had his or her usual place of abode; and where the proclamation last mentioned is required such marriage shall not be solem- nized until there is delivered to the person proposing to solemnize it a certificate. Form 1, showing that such pro- clamation has been made.

(3) Every such proclamation shall be made on a Sunday, Made on immediately before the service begins or immediately after ^""day. it ends, 'or at some intermediate part of the service.

(4) The certificate of proclamation shall be signed by the Certificate of clergyman, minister, clerk, secretary or other person who tkm ' o™1'n- actually proclaimed the same, and shall show the official tention. position of the person who signs it. R.S.O. 1897, c. 162,

s. 4.

5. — (1) No marriage shall be solemnized under the au-Prociama- thority of any proclamation of intention to intermarry, ff^^ng"/ ^^ unless such proclamation has been made at least one week ^^p^^. ""'e^-^

1 1 ii • -1 T . -1 . marriage

previously, nor unless the marriage takes place withm takes place three months after the Sunday upon whidh the proclama- months, tion was made; nor shall a marriage be solemnized under t!he , authority of any license or certificate unless within three months after the date thereof.

(2) 'No clergyman, minister or other person sihall solem- Hours dur- nize a marriage between the hours of 10 o'clock after noon mfrrTages and 6 o'clock before noon unless he is satisfied from evidence ""ace*' *^^^ adduced to him that the proposed marriage is legal and

94

that exceptional circumstances exist wtich render its solem- nization between those hours advisable.

witnesses (3) J^q clergyman, minister or other person shall solem-

nize a marriage without the presence of at least two adult witnesses, and two or more of such witnesses s^hall aflfix their names as witnesses to the record in the register pre- scribed by section 24.

Issuer of (4) !N"o clergyman, minister or other person who is an

lic^nsef not issuer of marriage licenses shall solemnize the marriage in

parues.'^ *^® any case in which he has issued the license or the certificate

provided for by section 7 authorizing such marriage but this

subsection shall not apply to any of tfhe Provisional Judicial

districts except Muskoka. R.S.O. 1897, c. 162, s. 5 (1-4).

t License anfl (5) The certificate or license to marry or the certificate to be deifver- of proclamation, when such certificate is required, shall be soiemnSilng'^^^ft with the clergyman, minister or other person who solem- marriage. nizes the marriage, and he shall forthwith after such solem- nization endorse upon the certificate or license the date of the marriage and the names and descriptions of the wit- nesses, and thereupon forward such certificate or license to the Registrar-General. R.S.O. 1897, c. 162, s. 5 (5) ; 5 Edw. VII. c. 13, s. 15 (1).

Protection of 6. 'No clergyman, minister or other person who solem-

clGrcryniGn. • •

solemnizing nizes a marriage ceremony after banns have been published good^faitti. "or a license or certificate has been issued under this Act in respect thereto, shall be subject to any action or liability for damages or otherwise by reason of there having been any legal impediment to the marriage, unless at the time when he performed the ceremony he was aware of tlie impediment. R.S.O. 1897, c. 162, s. 6.

I Heu'of^*^ *" '^' ^ certificate. Form 2, according to the circumstances marriage of the case, may, at the option of the applicant, be sub- stituted and shall have the same legal eiffect as a license. R.S.O. 1897, c. 162, s. 7.

Issue of Licenses and Certificates.

^HlS*t*»»"^ 8. Licenses and certificates shall be issued from the office

certmcates, ^ ^ i n i c • i

how issued, of the Provincial Secretary, and shall be furnished to per- sons requiring the same by such persons as the Lieutenant- Governor in Council may appoint for that purpose. R.S.O. 1897, c. 162, s. 8.

Validity of 9. Every license under the hand and seal of the Lieu- certifloatea tenant-Govemor or his deputy and every certificate signed

94

by the !^*rovincial Secretary, or Assistant Provincial Secre- tary, for the purpose of the solemnization of a marriage, shall be and remain valid, notwithstanding that the Lieu- tenant-Governor or his deputy, or the Provincial Secretary, or the Assistant Provincial Secretary has ceased to hold office before the time of the issue of the license or certificate. R.S.O. 1897, c. 162, s. 19.

10. If any person issues any license or certificate for Unauthor- the solemnization of marriage without the authority of the jf^^^^l^Qj. °*' Lieutenant-Governor in Council unless under the authority ^^''tiflcates. of section 11, he shall incur a penalty of $100 for every license or certificate so issued recoverable under The Ontario Summary Convictions Act. R.S.O. 1897, c 162, s. 10. lo Edw. vii

c. 37.

Appointment of Deputy Issuers.

11. — (1) An issuer of marriage licenses or certificates Appoint- may with the approval, in writing, of the Mayor or Reeve deputy-' of the local municipality wherein he resides, when prevented marriage' from acting by illness or accident, or where his temporary ''^e"ses with

1 . ° -^ T , . 1 . . 1 1 • 1 1 a.pproval of

absence is contemplated, appoint by writing under his hand Mayor or a deputy to act for him.

(2) The deputy while so acting shall possess the powers Powers of and privileges, as to administering necessary oaths andfg^P'^*^" otherwise, of the issuer appointing him.

(3) The issuer shall, upon appointing a deputy, forth- Notice of with transmit to the Provincial Secretary a notice of the ment of appointment, and of the cause thereof, and of the name ^^" ^' and official position of the person by whom the appoint- ment has been approved, and the Lieutenant-Governor may

at any time annul the appointment.

(4) Where there is no Mayor or Reeve to ffive the-^ppoi"*-

• mGnt or

approval required by subsection 1, the issuer may without deputy where such consent, appoint such deputy, and the licenses or cer- Reev^^^"^ ^^ tificates issued by such deputy shall be deemed to authorize the solemnization of marriages at the same places as licenses or certificates issued by the issuer, and no irregu- larity in the appointment of a deputy shall affect the validity of a license or certificate issued by him. R.S.O. 1897, c. 162, s. 11.

(5) The deputy shall sign each license and certificate How licenses issued by him with the name of the issuer as well as his own by depu^.*** name in the following manner: — "A. B. — Issuer of Mar- riage Licenses, per CD., Deputy-Issuer." R.S.O. 1897,

e. 162, s. 12, part.

94

Effect of Irregular Issue of License or Certificate.

i"issue^not ^'^' ^^ irregularity in the issue of a license or certifi- to affect. cate where it has been obtained or acted on in good faith

sLall invalidate a marriage solemnized in pursuance thereof.

RS.O. 1897, c. 162, s. 12, paH.

Unissued Licenses or Certificates. Unissued IjS. Every issuer of licenses or certificates and every

liC6IlS6S "to DG

returned to other person having unissued licenses or certificates in his Secretary, posscssion, power, custody, or control, shall, vt^henever re- quired so to do, transmit the same to the Provincial Secre- tary; and the property in all unissued licenses and certifi- cates shall be and remain in His Majesty. R.S.O. 1897, c. 162, s. 13.

Expenses of Procuring Licenses.

Expenses incident to procuring licenses.

14. AH expenses incident to providing licenses and cer- tificates shall be paid by the issuer thereof. E..S.O. 1897, c. 162, s. 14.

MARRIAGE OF PARTY UNDER 18 YEARS.

Consent 15. — (1) Where either of the parties to an intended mar-

required to. ^ ^ •I'll C'l

marriage riage not a widowcr or a widow is under the age oi eighteen

the%ar*t?e^s*is years, the consent of the father, if living, or, if he be dead,

eigMeen. ^^ *^^^ mother, if living, or of a guardian, if any has been

duly appointed, shall be required before the license is isened,

S^^ov before the proclamation of the intention of the parties

to intermarry is made.'^^^E

Consent to be (2) Where such consent is necessary, no license or certifi-

be'fore*^?icense ^^^^ ^^^^^ ^® issucd without the production of the consent,

issues. and the issuer or deputy-issuer shall satisfy himself of the

genuineness of the consent by satisfactory proof in addition

to the affidavit required of one of the parties.

Where par- (3) In the case of a party under the age of eighteen years an^d wierfls'^^'^^^^ ^^^ being a widower or a widow, if the father and no guardian, niother are dead and there is no guardian duly appointed,

the issuer or deputy-issuer, on being satisfied as to the facts,

may grant the license or certificate.

If parents not resident in the Province.

(4) Where the parent whose consent is required, though living, is not a resident of Ontario, and is not in Ontario at the time of the application for a license or certificate, and the party under the age of eig'hteen years is and has been so resident for the next preceding twelve months, the issuer or deputy-issuer, on being satisfied by evidence of these facts,

94

may grant the license or certificate. R.S.O. 1897, c. 162, 8. 16.

.16. Ko license or certificate shall be issued to any no license to person under the age of fourteen years, except where a mar- marriage to riage is shown to be necessary to prevent the illegitimacy of ^^^e^^^jthlr offspring, and a certificate to that effect is given by a legally ^ouffeen"*^*^'^ qur.lified medical practitioner known to the issuer or deputy- issuer, and except in such a case no person shall celebrate the marriage ceremony in any case in which either of the contracting parties is under the age of fourteen years, to the knowledge or information of such person. R.S.O. 1897, c. 162, s. 16. Part.

PENALTY FOK MARRYING IDIOT OR INSANE PERSON.

17. If any minister, clergvman or other person solem- insane nizes a marriage knowing or having reason to believe that not to°be either of the parties to it is an idiot or insane, he shall incur '"^''"e*^- a penalty of $500, and shall also, in the discretion of the Court, be liable to imprisonment for any, period not exceed- ing twelve months. R.S.O. 1897, c. 162, s. 16, amended.

AFFIDAVIT FOR ISSUE OF LICENSE OR CERTIFICATE.

18. — (1) Before a license or certificate is issued, one of ^^^^^e by the parties to the intended marriage shall personally make one of the ai- affidavit. Form 3, before the issuer or deputy-issuer which for'e ifcense shall state: ^'■^"*"*^-

(a) In what county or district it is intended that the marriage shall be solemnized, and in what city, town, village, or place therein ; and

(h) That he or she believes there is no affinity, con- sanguinity, prior marriage, or other lawful cause or legal impediment to bar or hinder the solemnization of the marriage;

(c) That one of the parties has for the space of fifteen days immediately preceding the issue of the license or certificate had his or her usual place of abode within the county or district in which, for eiliher municipal or judicial purposes, the local municipality or place in which the mar- riage is to be solemnized lies ;

Or, if the county or district in which it is intended that the marriage shall be solemnized is not that in which either of the parties has for the space of

94

8

Facts show- ing whether consent is necessary.

fifteen days immediately preceding the issue of the license or certificate, had his or her usual place of abode, that the reason for having the marriage solemnized in such place is not to evade due publicity or for any other improper pur- pose ;

(d) The age of the deponent, and that the other con-

tracting party is of the full age of eighteen years, or the age of such other contracting party, if under the age of eighteen years, as the case may be;

'1

(e) The condition in life of each of the parties, whether

bachelor, widower, spinster or widow, and

(/) The facts necessary to enable the issuer or deputy- issuer to judge whether or not the required con- sent has been duly given in the case of any party under the age of eighteen years, or whether or not such consent is necessary. R.S.O. 1897, c. 162, s. 17.

^"w®"k*^°"" (2) Where a party who is not a widower or a widow h

sent to be ^ ^ ^ ^ . :

produced and under the age of eighteen years, the written consent of the

rinritpxPfi to

affidavit. person whose consent to the marriage is required shall be produced and annexed to the affidavit, and its execution shall be verified by affidavit which shall be made before the issuer or deputy-issuer. R.S.O. 1897, c. 162, s. 18.

Prohibited 19. — (1) TJpon the back or at the foot of the printed

set forth in forms of affidavits to be made by tfhe parties shall be printed affidavit. ^ memorandum, Form 5, showing the degrees of affinity and consanguinity which bar or hinder the solemnization of mar- riage between them ; and no affidavit shall be acted upon by the issuer or deputy-issuer which has not such memorandum printed thereon ; and upon the back or at the foot of the cer- tificates or licenses issued shall be printed such extracts from this Act as are necessary to show what persons are author- ized to solemnize marriage in Ontario, or an epitome of the provisions in reference thereto.

Duty of (2) The issuer or deputy-issuer, before administering the

licenses. oath, shall See that the applicant is aware what degrees of

affinity or consanguinity are a bar to the solemnization of

marriage. R.S.O. 1897, c. 162, s. 19.

Degrees^o^ (3) The degrees of affinity and consanguinity within consan- v'hich if persous are related they are prohibited from con- tracting marriage witJh each other, as declared in anid by the

94

guinity.

9

Statute passed in the 28tli year of His Majesty King Henry 28 Hy. viii. VIIL, chapter 7, section 7, as modified by Ifhe Kevised Rev. sJt^ Statutes of Canada, 1906, chapter 105, are set forth in^"'c-i05. Schedule A.

(4) If at any time hereafter changes are made in the law changes in affecting the degrees of relationship within whidh marriage vided for. may not be lawfully contracted, the Lieutenant-Governor in Council may direct such changes to be made in Form 5, so as to make it comformable to the law for the time being. 2 Edw. VII. c. 23, s. 1.

LICENSE NOT TO BE ISSUED IN CERTAIN CASES.

20. — (1) Where the person having authority to issue ^^e ^^^^gj.^^*^^ license or certificate has personal knowledge that the facts are^nowiedge net as required by section 15, he shall not issue the license or consent°not certificate; and if he has reason to believe or suspect that the °^^^^^^ facts are not as so required, he shall, before issuing the license or certificate, require further evidence to his satis- faction in addition to the affidavit prescribed by section 17.

(2) The issuer or deputy-issuer shall keep on record ♦^he^jj^^^®^^® affidavits or depositions proving the facts of which he is re- license quired to be satisfied before issuing a license or certificate. kept

to be

(3) Every issuer or deputy-issuer of marriage licenses Particulars shall immediately upon issuing a marriage license or certifi-Registrar- cate, fill up on a form endorsed upon the affidavit prescribed ^®^^^^i- by section 17 the particulars contained in Form 5, or such of them as he is then able to give, and shall forward the same forthwith to the Registrar-General. R.S.O. 1897, c. 162, s. 20, part. Amended.

21. Every issuer of marriage licenses shall, on making Certificate application to the Provincial Secretary for a new supply of on issuer licenses, certify that a complete return of every license issued for*ifcenses. by him or his deputy has been forwarded to th'^ Eegistrar- General. R.S.O. 1897, c. 162, s. 20, paH; 5 Edw. VII. c. 13, 8. 15 (2).

FEES FOR LICENSE.

22. "No fee shall be payable for a license or certificate. Fees for except the sum of $2, w'hich the issuer of the license or cer- o^rtmcates. tificate shall be entitled to retain for his own use; but the Lieutenant-Governor in Council may from time to time re- duce the sum po payable. R.S.O. 1897, c. 162, s. 21.

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MARRTAGK OUT OF CHURCH VALID.

Objections on 23. It shall not be a valid obiection to the legality of a

ETOUHQS or c> »j

place or hour marriage that the same was not solemnized in a consecrated marriage. (.}2yj.^]j qj. chapel, or within any particular hours. R.S.O. 1897, c. 162, s. 22.

MARRIAGE CERTIFICATES.

be^gW€n%y° ^'*" ^^^^T clergyman, minister or other person who person soiem- solemnizes a marriage, and the clerk or secretary of a society riage when of Quakers, or of the meeting at Which the marriage is require . solemnized, shall, at the time of tlie marriage, if required by either of the parties thereto, give a certifieate of the marriage under his hand, specifying the names of the persons mar- ried, the time of ttie marriage, and the names of two or more persons Vho witnessed it, and specifying also whether the marriage was solemnized pursuant to license or certificate under this Act, or after proclamation of intention to inter- marry; and the clergyman, minister, clerk or secretary may demand twenty-five cents for a certificate given by him from the person requiring it. E.'S.O. 1897, c 162, s. 23.

REGISTRATION OF MARRIAGES.

Mar^riages to 25. Every clergyman, minister, or other person author- by person ized to solcmuize marriage shall, immediately after he tas solemnized a marriage, enter in a register, to be kept by him for the purpose, unless a similar register is kept in the churcli at which he oflSciates, in which case the entries s'hall be made in that book, tli(^ particulars nioiitioned in Form 4, and shall authenticate the same by Ms signature. R.S.O. 1897, c. 162, s. 24.

a^pi^To" *^° '^^^ — (^) E'^^ry clergyman, minister or other person marriage authorized to solcmnizc marriage, where a marriage register clerk of is not already possessed by any churcli or congregation over ^my." whicbi he is placed or has charge, sball make application for a register to the clerk of the local municipality within which the church or congregation is situate, and the clerk shall thereupon supply such register at the cost of the munici- pality.

(2) One additional register may be supplied at the cost of the municipality to any clergyman, minister or other per- son authorized to solemnize marriage, and a register shall also, on application, be supplied at the like cost to any clergy- man or minister in the municipality who is not in charge of a church or congregation.

11

(3) Every clergyman or minister in charge of a church in unorgan- or congregation in an unorganized township shall, upon a y^^ips**^^"" written application to be made by him to the Registrar- General, receive .a register, to be supplied by the Registrar- General. R.S.O. 1897, c. 1G2, s. 25, amended.

(As to returns to be made see The Vital Statistics Act^ 8 Edw. VII. c. 28, s. 21.)

27. The register, by whomsoever f urni^ed, shall be the f^ °P ^e*^ '" property of the denomination or body to which the clergy- man, minister or other person to whom it is delivered be- longs at the time of the delivery thereof, and where he is in dharge of a particular congregation of such denomination, it shall belong to the trustees or oth^er body in which the pro- perty of the church or meeting house used by such congrega- tion for its ordinary services is vested. R.S.O. 1897, c. 162, s. 26.

COPIES OF ACT TO BE SUPPLIED ON REQUEST.

28. Printed copies of this Act shall be furnished in Printed pamphlet form by the Clerks of the Peace, by mail if de-A^ttobe sired, post paid, to any person applying therefor, upon pay- '"'""ished. ment pf ten cents for each copy, and the Clerks of the Peace may obtain from the King's Printer as many copies as they may require at the rate of fifty cents per dozen. R.S.O. 1897, c. 162, s. 27.

CERTAIN MARRIAGES VALIDATED.

29. Any marriages which, before the 1st day of April, Marriages 1889, had been solemnized in this Province by clergy- solemnized men or ministers duly ordained or appointed as such accord- not ^resident ing to the rites and ceremonies of the churches to which they ^^ iidat^d° belong, or by commissioners or staff officers of the Salvation Army, between persons not under any legal disqualification for entering into the contract of matrimony are hereby de- clared to have been and to "be lawful and valid marriages, so far as respects the civil rights in this Province of the parties or their issue, and so far as respects all matters wiDhin the jurisdiction of the Ontario Legislature, notwithstanding that the person who solemnized any such marriage was not at the time a resident of this Province;

Provided that the parties thereafter lived together and Proviso, cohabited as man and wife, and that the validity of the mar- riage had not, before the said date, been questioned in any suit or action; and

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Proviso. Provided, fiirtlier, that nothing in this section shall make

valid any such marriage in case either of the parties thereto has since contracted matrimony according to law; and in such a case the validity of the marriage by a non-resident shall be determined as if this section had not been passed. E.S.O. 1897, c. 162, s. 28; 62 V. (2) c. 11, s. 17.

Certain mar- 30. Any marriages Which before the 4'th day of May, solemnized in 1891, had been solemnized in this Province according to the Friends be- rites, usages and customs of the religious society called the ^1891*^'^ ^^^'- Society of Friends, commonly called Quakers, between per- sons not under any legal disqualification for entering into the contract of matrimony, are hereby declared to have been and to be lawful and valid marriages so far as respects the civil rights in this Province, of the parties, or their issue, and so far as respects all matters wilihin the jurisdiction of the Ontario Legislature. Proviso. Provided that the parties thereafter lived together and

cohabited as man and wife, and that the validity of the mar- riage had not been questioned in any suit or action before the tenth day of February, 1891; and: Proviso. Provided, further, that nothing in this section shall make

valid any such marriage in case either of the parties thereto had since such marriage, and before the 4th day of May, 1891, contracted matrimony according to law; and in such case the validity of the marriage shall be determined as if tihis section had not been passed. R.S.O. 1897, c. 162, s. 29.

Marriages 31. Every marriage solemnized in this Province before

SemSed the 26th day of April, 1904, according to the rites, usages Sfe^Farring- ^^d cus'toms of the " Farringdon Independent Church," by don inde- an elder thereof, is hereby declared to have been and to be Church lawful and valid, so far as respects the civil rights in t!his

validated. province of the parties and their issue, and so far as respects all matters within the jurisdiction of the Ontario Legisla- ture;

Provided that the parties thereafter lived together and cohabited as man and wife, and that the validity of the mar- riage had not theretofore been questioned in any suit or action; and

Provided, further, that nothing in this section shall make valid any such marriage in case either of the parties thereto had since such marriage and before that date contracted matrimony according to law, and in such case the validity of the marriage shall be determined as if this section had not been passed. 4 Edw. VII. c. 10, s. 40.

Certain mar- 32. Any marriages which, prior to the 1st of January, coMing^to 1890, were solemnized according to the law of the Province

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of Manitoba in that portion of the Province of Ontario lying Manitoba west of the meridian of t'he confluence of the Ohio and Mis- firmed, sissippi Rivers, between persons not under a legal disquali- fication to contract such marriage, are hereby declared to have been and to be lawful and valid marriages so far as re- spects the civil rights in this Province of the parties or their issue, and so far as respects all matters witihin the jurisdic- tion of the Ontario Legislature.

Providci that the parties thereafter lived together andP^°^*^°- cohabited as man and wife, and that the validity of the mar- riage had not theretofore been questioned in any suit or action; and

Provided, further, that nothing in this section shall make Proviso, valid any such marriage in case either of the parties thereto had since such marriage contracted matrimony according to law and in such case the validity of the marriage shall be determined as if this section had not been enacted.

Provided, further, that nothing in this section shall Exception validate any marriage or alleged marriage which may Bennett.' have been contracted by one James Gordon Bennett, who died in the City of Winnipeg, in the Province of Manitoba, in the year 1904. 8 Edw. VII. c. 33, s. 40.

33. Every marriae-e heretofore or hereafter solemnized Certain mar-

«/ o . . • riages to be

between persons not under a legal disqualification to contract deemed valid such marriage shall, after three years from the time of the years or on solemnization thereof, or upon the death of either of the of ^Se °^ °"^ parties before the expiry of such time, be deemed a valid parties, marriage so far as respects the civil rights in this Provinoe of the parties or their issue, and in respect of all matters within the jurisdiction of 1;he Legislature of Ontario, not- withstanding that the clergyman, minister or other person who solemnized the marriage was not duly authorized to solemnize marriage, and notwithstanding any irregularity or insufficiency in the proclamation of intention to intermarry or in the issue of the license or certificate, or notwitftistand- ing the entire absence of both.

Provided that the parties, after such solemnization, lived Proviso, together and cohabited as man and wife, and that the validity of the marriage was not before such death or before the ex- piry of such three years questioned in any suit or action ; and

Provided, further, that nothing in this section shall make Proviso, valid any such marriage in case either of the parties thereto has before the death of the other and before the expiration of such three years contracted matrimony according to law, and in such case the validity of the marriage shall be deter- mined as if this section had not been passed, R.S.O. 1897, c. 162, 3. 30.

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Declaration of nullity of marriage.

HIGH COURT MAY DKCLARE CERTAIN MARRIAGES INVALID.

34. — (1) Wliere a foriii of marriage lias been or is gone through between persons either of whom is under the age of 18 year* without the consent required by section 15, Jl^^in the ease of a license, or where, without a similar consemt in fact, such form of mairiage has been or is gone through between suc'h persons after a proclamation of their intention to intermarry, "^^ the High Court, notwithistanding that a license or certificate was granted l^^or that such proclama- tion was made'^^E and that the ceremony was performed by a person authorized by law to 'solemnize marriage shall have jurisdiction and power in an action brought by either party who was at the time of the ceremony under the age of 18 years, to declare and adjudge that a valid marriage was not eifeeted or entered into.

Proviso.

Provided tihat such persons have not after the ceremony cohabited and lived together as man and wifcj and that the action is brought before the person bringing it has attained the age of 19 years.

Saving as tc (2) Nothing in this section shall affect t!he excepted cases prevent mentioned in section 16 or apply wihere after the ceremony

etc.^' '"^acy |.|^gj.^ jj^g occurred that which if a valid marriage had taken place would have been a consummation thereof.

When Court (3) The Hig'h Court shall not be bound to grant relief in

not bound to ^ ^ ?! i <• i ^ • • i -i •

grant relief, the cases provided for by this section where carnal inter- course has taken place between the parties before the cere- mony. 7 Edir. VIL, c. 23, s. 8.

Jud^ent 35 _(i) '^Q declaration or adjudication that a valid mar-

made riao-e was not effected or entered into shall in any case be

by consent " , . j? i.- i •' •

or in default made or pronounced u]>on consent oi parties, admissions, or anc^^or^^' in default of apponraiu-c oi- of pleading or otherwise than

pleading. ^f^^, ^ ^j,j^q_

court.

Evidence to (2) At every such trial the evidence shall be taken viva in open voce in open court, but nothing in this subsection shall pre- vent the use of the depositions of witnesses residing out of Ontario or of witnesses examined de bene esse, where, ac- cording to the practice of the Court, such depositions may be read in evidence.

Court may (^3^ Xho Coiirt uuiv, of its owii uiOfiou, require both or

amination ofeither of the parties to be examined before the Court touch- parties, j^g ^-^^ matters in question in the action.

(4) N'o trial shall be had until after ten days' notice to

Notice to

General. the Attorney-General for Ontario. 94

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(5) The Attoriio}-(Jeiieral maj intervene at the trial oi*^t°rv^ne wi at any stage of the proceedings and may adduce evidence, trial, examine and cross-examine witnesses in like mannc" as a paT-tv defendant, and sOiall have the same r?'ght of appeal from any such declaration or adjudication as a party de- fendant has. 9 Edw. VII., c. 62.

EEPEAIi.

36. The following Acts and parts of Acts are repealed : Repeal. Ohapter 162 of the Revised Statutes of 1897; section 17 of Chapter 11 of the Acts passed in the 2nd Session of the 62nd year of the reign of Her late Majesty Queen Victoria; Chapter 23 of the Acts passed in the 2nd year, sections 39 and 40 of Chapter 10 of the Acts passed in the 4th year, section 15 of Chapter 13 of the Acts passed in the 5th year, section 27 of Chanter 19 of the Acts passed in the 6th year, section 8 of Chapter 23 of the Acts passed in the 7th year, section 40 of Chapter 33 of the Acts passed in the 8th year, and Chapter 62 of the Acts passed in the 9th year of the reign of His late Majesty King Edward VII.

J^^This Act s'hall come into force on the day of

1911."^!

FORM 1,

Certificate of Proclamation of Intention to Intermarry.

I hereby certify that on Sunday, the day of ,

19 , the intention of A.B., of (state residence) and CD.,

of {state residence) to intermarry was duly proclaimed by

me in Church, being the church in the

{state name of township or other local municipality or parish, cir- cuit or pastoral charge). I further certify that I verily believe the said A.B. {or CD.) had his {or her) usual place of abode In the said {totonsMp or other local municipality o*" parish,

circuit or pastoral charge) for the space of fifteen days immedi- ately preceding the said Sunday.

Dated this day of , 19 .

Minister of Church.

R.S.O. 1897, c. 162, Sclied. A.

FORM 2.

Certificate before Marriage without Proclamation.

These are to certify that A.B., of and CD., of

being minded, as it is said, to enter into the contract of marriage, and being desirous of having the same duly solemnized, the said A.B. {or CD.) has made oath, as required by law. 94

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1. That he (or she) believes that there is no affinity, consan- guinity, prior marriage, or any other lawful cause or legal impedi- ment, to bar or hinder the solemnization of the said marriage, and

2. That said A.B. [or CD. or both, as the case may be), has, {or have) had his (or her, or their) usual place of abode, for the space of fifteen days last past, within the city, (county or district) of

namely, in the township (town or village) of in the said county (or district) of (or where neither of

the parties has resided in the county or district for such fifteen;, days. That the reason for procuring the marriage to be solemnized in is not in order to evade due publicity or for any

other improper purpose).

3. That the said A.B. and CD. are of the full age of eighteen years.

[Or that A.B. or CD. Is a widower or widow; or is Tinder the age of eighteen years, and that the consent of E.D., whose consent to said marriage is required by law, has been obtained; or that the father of the said {party under age) is dead, and no guardian of the person of the said {party) has been appointed, and the mother of the said {party) is dead and there is no person hav- ing authority to give consent to said marriage {as the case may be).}

These are therefore to certify that the requirements of The Mar- riage Act have been complied with and such marriage may be solemnized in the County of {naming the county or dis-

trict toithin which it is intended that the marriage shall be solem- nized).

Given under my hand and seal at this day of 19 .

a.H., Issuer {or Deputy issuer) of Licenses. Issued from the Office of the Provincial Secretary for the Province of Ontario this day of 19 .

E.L. Provincial Secretary

R.S.O. 1897, c. 162, Sched. B.

FORM 3. Affidavit.

I, A.B., of , in the county {or district) of {addition)

make oath and say as follows: —

1. I and CD. of in the county {or district) of {addition) are desirous of entering into the contract of marriage, and of hav- ing our marriage duly solemnized at the town {or village, etc.) of

in the county {or district) of

2. According to the best of my knowledge and belief, there is no affinity, consanguinity, prior marriage or any other lawful cause or legal impediment to bar or hinder the solemnization of the said marriage.

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3. I (or the said CD. or both, as the case may be) have (or has) had since the day of 19 my {or his or her or

our) usual place of abode within the municipality of in

the said county (or district. Or if neither of the parties has, for the space of fifteen days immediately preceding the issue of the license or certificate, had his or her usual place of abode in the county or district in which it is intended that the marriage shall be solemnized, add as follows: — The reason for procuring the marriage to be solemnized in is not in order to evade due pub-

licity or for any other improper purpose).

4. I am of the age of years, and the said CD. is of the full age of 18 years (or the said CD. is of the age years or over).

5. I am a bachelor (or widower), and the said CD. is a spinster (or widow).

6. (If either party is under 18 and not a widower or widow, add) : E.D., of , in the county of is the person whose

consent to the said marriage is required by law, and the said E.D. consents to the said marriage. The paper writing hereto annexed marked "A" is the consent of the said E.D. to the said marriage, and the signature thereto Is of the proper handwriting of E.D.

7. The said E.D. Is the father of the said CD. t (or the said E.D. is the mother [or guardian duly appointed] of the said CD. and the father of the said CD. is dead) (or the father and mother of the said CD. are both dead and no guardian of the said CD. has been appointed)].

A.B. Sworn before me, etc., G.H.,

Issuer of Licenses. [Note: The form will be varied as the circumstances of the case may require].

E.S.O. 1897, c. 162, Sdhed. D.

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FORM 4. Reoisteb of Marriages.

Her name.

Age.

Residence when married.

	BRIDEGROOM.
His name.
Age.
Residence when married.	■
Place of birth.
Bachelor or Widower. (B. or w.)
Occupation.
Religious Denomination of Bridegroom.
Names of Parents.

BRIDE.

Place of birth.
Spinster or Widow, (s. or w.)
Religious Denomination of Bride.
Names of Parents.

Whether Married by Li-i cense or Banns (l. or b.) !

Signatures

of Bridegroom

of Bride

of Witnesses,

Residence

.Residence

I certify the above named parties were married by me at , in the County of , this day of

Minister of, etc.

94

R.S.O. 18&7, c. 162, Sclied. E.

19

FORM 5.

Degrees of affinity and consanguinity which under the statutes in that behalf, bar the lawful solemnization of marriage.

woman may not marry her

Grandfather. J. Grandmother's husband. Husband's grandfather. Uncle.

Aunt's husband.* Husband's uncle. Father. Step father. Husband's father. Son.

Husband's son. Daughter's husband. Brother. Grandson.

Granddaughter's husband. Husband's grandson. Nephew.

Niece's husband. Husband's nephew. Husband's brother.

The relationships set forth in this table include all such relation- ships whether by the whole or half blood, and whether legitimate or illegitimate.

*By The Revised Statutes of Canada, 1906, c. 105, it is enacted that "All laws prohibiting marriage between a man and the daughter of his deceased wife's sister where no law relating to consanguinity is violated, are hereby repealed both as to past and future mar- riages."

A man may not marry his	A
1. Grandmother.	1.
2. Grandfather's wife.	2.
3. "Wife's grandmother.	3.
4. Aunt.	4.
5. Uncle's wife.	5.
6. Wife's aunt.	6.
7. Mother.	7.
8. Step mother.	8.
9. Wife's mother.	9.
10. Daughter.	la.
11. Wife's daughter.	11.
12. Son's wife.	12.
13. Sister.	13.
14. Granddaughter.	14.
15. Grandson's wife.	15.
16. Wife's granddaughter.	16.
17. Niece.	17.
18. Nephew's wife.	18.
19. Wife's niece.*	19.
20. Brother's wife.	20.

SCHEDULE A.

And furthermore since many inconveniences have fallen as well within this Realm as others by reason of marrying v/ithin the de- grees of marriages prohibited by God's law, that is to say: The son to marry the mother or the step mother carnally known by his father; the brother the sister, the father his son's daughter, or his daughter's daughter, nor shall the son marry the daughter of his father procreate and born by his step mother, nor shall the son marry his aunt, being his father's or mother's sister, nor marry his uncle's wife, carnally known by his uncle, nor shall the father marry his son's wife, carnally known by his son, nor the brother marry his brother's wife carnally known by his brother; nor shall any man married and carnally knowing his wife marry his wife's daughter nor his wife's son's daughter, nor his wife's daughter's daughter . . . And further if it chance any man shall know carnally any woman that then all and singular persons being in any degree of consanguinity or affinity (as is above mentioned) to any of the parties so carnally offending, shall be deemed and ad- judged to be within the cases and limits of the said prohibitions of marriage.

2 Edw. VIT. c. 23, s. 2, Sched. G.

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No. 95.

BILL

1911.

An Act respecting Accidental Fires.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : —

1. This Act may be cited as The Accidental Fires Act. short title. New.

2. ]!^o action shall be brought against any person in whose no action to house or building or on whose land any fire shall accidentally person from begin, nor shall any recompense be made by him for any i^es^e'^is^ damage suffered thereby ; provided that no contract or agree- comnfunf- ^^ ment made between landlord and tenant ^hall be hereby cated. defeated or made void. ^fp- ,^?* i*

Geo III, c,

78, s. 86.

3. Section 41, chapter 23, of the Act passed in the seventh ^^p"^'- year of the reign of His late Majesty, King Edward the Seventh, is repealed.

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No. 90.

BILL

1911.

An Act to simplify Titles and to facilitate the Transfer of Land.

Short title, s. 1. Application of Act, etc., s. 2. Interpretation, s. 3. Power of judge in chambers, s. 4.

Part I."

Land Registry in Countt of

York, s. 5. First Registration of land, ss.

6-15.

Pabt II. Leasehold land, ss. 16-21.

Part III. First registration, how ef- fected, ss. 22, 23. Liability to easements and

other rights, ss. 24, 25. Incumbrance existing at first

registration, ss. 26-28. No acquisition of title by ad- verse possession, s. 29.

Part IV. Transfer and mortgage of beq-

istered land, ss. 30-55. Mortgage of registered land,

ss. 30-37. Transfer of land, ss. 38-45. Claims for dower, ss. 46, 47. Transfer of leaseholds, ss. 48-

53. Transfer of charges, s. 54. Time of registration, s. 55. Transmission of land and

charges on death of owner,

ss. 56-61. Executions and sale under, ss.

62-65. Sales for taxes, s. 66. Mechanics' liens, s. 67.

Part V. Other dealings with registered land, ss. 68-79. 96

Registered owner only may

make registered disposition,

s. 68. Right to registration, s. 69. Notices of leases, s. 70. Notice of estates in dower or

by the curtesy, s. 71. Caution against registered

dealings, ss. 72-76. Sale of standing timber, s. 77. Inhibition against registered

dealings without order of

Court, s. 78. Power of registered owner to

impose restrictions, s. 79.

Part VI.

Supplemental provisions, ss. 80^ 163.

Notice by registration, s. 80.

Caution against entry of lands ON register, ss. 81-86.

Penalty where caution wrong- fully LODGED, ETC., S. 85.

Costs, s. 87.

doubtittl questions arising on

TITLE, S. 88.

Persons under incapacity, s. 89.

Land certificates, office copies of leases and certificates OF charge, ss. 90-93.

Registry of special heredita- ments, ss. 94.

General provisions, ss. 95-103. Persons under disability, s. 104.

Plans, ss. 105-108.

Notices, ss. 112-113.

Specific performance, s. 114.

Rectification of register, ss. 115-120.

Fraudulent acts and disposi- tions, ss. 121-122.

Assurance fund, ss. 123-128.

Withdrawing land from rix;- istry, b. 129.

Administration of law and

miscellaneous, ss. 130-146. Conduct of business in office

of Land Titles, ss. 130-132. Depositions and witnesses, ss.

133, 13:. Certificate as to taxes, s. 135. Deputy of Master, s. 136. Right to inspect registry, s.

137. General rules, and rules as to

fees, s. 138. Fees payable, s. 139. Appeals, ss. 140-141. Irregularities, s. 142.

Oath of office and sureties, ss.

143-144. Master, etc., not to act for investors, s. 145.

Extension to other localities AND expenses, SS. 146-148.

Local Masters of Titles, ss. 149-155.

Inspector of Land Titles' of- fices, ss. 156-158.

Registration of newly patent- ed LANDS IN DISTRICTS, SS.

159-163. Repeal, s. 164.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of On- tario, enacts as follows:- —

PRELIMINAET.

Short title. 1. This Act may be cited as The Land Titles Act 1897, s. 138, s. 1.

K.S.O.

Application of Act

2. This Act shall, subject to section 146, apply to the County of York, including the City of Toronto, the County of Elgin, including the City of St. Thomas, the County of Ontario, the City of Ottawa and the County of Carleton, and to Provisional Judicial Districts only, and the Land Regis- tries heretofore established for the said counties and dis- tricts are hereby continued. R.S.O. 1897, c. 138, s. 2, and Orders in Council of 27th July, 1899, and 4th December, 1907.

Interpreta- Uon.

Court.

General Rules.

Inspector.

Ownef.

Prescribed.

Proper Master of Titles.

3. In this Act

(a) " Court " shall mean the High Court.

(b) " General Rules " or "Rules " shall mean the Rules made in pursuance of this Act or. of any Act repealed by it.

(c) " Inspector " shall mean Inspector of Land Titles Offices, and shall include a person acting as Inspector of Land Titles Offices under the authority conferred by this Act.

(d) " Owner " shall mean owner in fee simple ;

(e) " Prescribed " shall mean prescribed by this Act or by any general rules made in pursuance of this Act.

(/) " Proper Master of Titles " shall mean the Master of

Titles or Local Master in whose office the land affected or 96

intended to be affected by any proceeding, instrument or document is or may be registered

(g) " Registered " shall mean registered under this Act. Registered.

(/<) '"Sworn Valuator" shall mean a person appointed valuator, with th(^ approval of the Lieutenanlt-Governor in Council, to value hind under this Act. E.S.O. 189Y, c. 138, s. 3.

4 Any jurisdiction of the court under this Act may be ^^^f ® ^^^^.^ exercised by a judge of the court whether sitting in court or or cham- in chambers. E.S.O. 1897, c. 138, s. 3, part. ^"^*

PART I.

ENTEY OF LAND ON REGISTER OF TITLE.

5. The Land Registry for the County of York shall be Land conducted by an officer to be called the Master of Titles, for county who shall be a barrister of not less than ten years' standing to ^"e^'^con- at the Bar of Ontario, and shall be appointed by the Lieuten- ^asf^- ^df ant-Governor in Council by commission under the Great Seal Titles, R.S.O. 1897, c. 138, s. 4. ' if'^.,^c. ti,

sa. 5,' 106.

6. — (1) 'Any person entitled for his own benefit at law or Application in equity to an estate in fee simple in land, whether or not tration subject to incumbrances, or any person capable of disposing Absolute for his own benefit by way of sale of an estate in fee simple sory *utre" in land, whether or not subject to incumbrances, may apply j^ gg ^ to the proper Master of Titles to be registered under this Act, 39 v., c. 87 or to have registered in his stead any nominee as owner of such land, with an Absolute, Qualified or Possessory title, as the case may be. R.S.O. 1897, c. 138, s. 5.

(2) Any person who has contracted to buy for his own Application benefit an estate in fee simple in land, whether or not sub- purchaser, ject to incumbrances, may also apply if the vendor consents imp. 38 & to the application. R.S.O. 1897, c. 138, s. 6. t^ 5^- ""• "•

(3) The Attorney-General for Canada, or the Attorney- Application General for Ontario, may apply in like manner in respect ^^ crown, to the title of the Crown to any land ; and the practice and l^^ ^^ f^ procedure upon the application shall be the same as in ordin- s- 65.

ary cases, R.S.O. 1897, c. 138, s. 7.

96

68.

Trustees and Mortgagees.

2tcT*may '^ • — (l) ^^J persoii holding land on trust for sale, and ^®il>y „ any trustee, raorto-agee, or other person having a power of

medium of -{, , ' ° ® ' . , ^ ^ ^ i t

registry, Selling land, may authorize the purchaser to make an appli- themseives catioii to be registered as owner with any title with which registered. ^^ owner is authorized to be registered, and may consent to 39^ V. ^c. 87, the performance of the contract being conditional on his being so registered; or any of such persons, except a mort- gagee, may himself apply to be registered as such owner with the consent of the persons (if any) whose consent is required to the exercise by the applicant of his trust or power of sale.

(2) A mortgagee having a power of selling land, may apply to have the mortgagor or other person owning the equity of redemption registered as owner with any such title.

(3) The amount of all costs, charges, and expenses pro- perly incurred by such person, in or about the application, shall be ascertained and declared by the proper Master of 'J'itles, and shall be deemed to be costs, dharges, and expenses properly incurred by such person in the execution of his trust or in pursuance of his power ; and he may retain or reimburse the same to himself out of any money coming to him under the trust or power, and he shall not be liable to any account in respect thereof. K.S.O. 1897, c. 138, s. 8.

Part Owners.

o?^paVt^^*°" 8. — (1) Any two or more persons entitled concurrently or

owners. successively, or partly in one mode and partly in another, to

39^ V ^c f? ^^^^^ estates, rights, or interests in land as together make up

8- 69. ' such an estate as would, if vested in one person, entitle him to

be registered as owner of the land, may, subject as in tTiis

Act mentioned with respect to the number of persons to be

registered in respect of the same land, apply to the proper

Master of Titles to be registered as joint owners, in the same

manner and with the same incidents, so far as circumstances

admit, in and with which it is in this Act declared that an

individual owner may be registered. R.S.O. 1897, c. 138,

s. 9.

S^istration (2) Where several persons are so registered as owners, the

of part entry may, if the parties so desire, define the estates, rights

and interests, other than trust estates, rights and interests,

to which the owners are respectively entitled, and such

entry may be made either upon first registration or subse-

9«

quently in case the estates, rights or interests so arise. R.S.O. 1897, c. 138, s. 10.

(3) Persons entitled to several estates, as mentioned in What

. • ■ certificfi.t6

subsection 1, or owners who are tenants in common or joint part tenants, shall be entitled to take out one certificate in respect ^"^"take of the whole estate, or each person may, when the extent of °"*" his interest is defined, take out a certificate in respect of his own estate ; but when a certificate for the whole is outstanding no separate certificate shall be issued till the outstanding certificate is returned and cancelled. R.S.O. 1897, c. 138, 8. 11.

Absolute Titles.

9. Where an absolute title is required, the applicant or his ^^e^l"^® nominee shall not be registered as owner of the fee simple absolute unless and until the title is approved by the proper Master of required. Titles. R.S.O. 1897, c. 138, s. 12. lf\ ^^ pj

s. 6.' '

10. The first registration of a person as owner of land, f^*f*® °^ 111 this Act referred to as first registered owner, with an registered absolute title, shall vest in the person so registered an estate absolute in fee simple in such land, together with all rights, privileges, ^^^^^'

and appurtenances belonging or appurtenant thereto, subject 3^^ ^^ pj^ us follows : ^- '^•

(a) To the incumbrances, if any, entered on the register ;

(6) To such liabilities, rights and interests, if any, as are declared for the purposes of this Act not to be incumbrances, unless the contrary is expressed on the register ;

(c) Where such first registered owner is not entitled for his own benefit to the land registered, then as be- tween him and any persons claiming under him, to any unregistered estates, rights, interests, or equities to which such persons may be entitled ;

but free from all other estates and interests whatsoever, in- cluding estates and interests of His Majesty, which are within the legislative jurisdiction of Ontario, R.S.O. 1897, c. 138, s. 13.

Possessory Titles.

11. Where a possessory title only is required, the applicant ^hel-e'poa- or his nominee may be registered as owner of the fee simple ffx^,'^°''y

gg required.

3™ V ^c f? '^^ Si^^^S s^c^ evidence of title, and serving such notices, if B. 6. ■ *^' ' any, as may be prescribed. R.S.O. 1897, c. 138, s. 14.

Es^tate of 12. Tte registration of a person as first registered

ovvner^'^^th ^^^"^^ ^^^^ ^ possessory title only, shall not affect or pre- possessory judice the enforcement of any estate, right, or interest

adverse to or in derogation of the title of snch first registered 39* V. c. 87. owner, and subsisting or capable of arising at the time of *■ *• registration of such owner, but shall othei-wise have the

same effect as registration of a- person with an absolute

title. R.S.O. 1897, c. 138, s. 15.

Qualified Titles.

tiue^mty^ 13.— (1) Where on the examination of the title it ap- ^® . . ^ pears to the proper Master of Titles that it can be established

reg-istered. i ,. t •, i • i ri • , , • . ,

only for a limited period, or subject to certain reservations, the 39^ V. c. 87. Master, on the application of the party applying to be regis- ®' ^' tered, may, by an entry made in the register, except from the

effect of registration any estate, right, or interest arising before a specified date, or arising under a specified instru- ment, or otherwise particularly described in the register.

(2) A title registered subject to such excepted estate, right, or interest shall be called a qualified title.

Estate of

owner

registered

with a

qualified

title.

(3) The registration of a i>erson as first registered owner with a qualified title shall have the same effect as the regis- tration of such person with an absolute title, save that regis- tration with a qualified title shall not affect or prejudice the enforcement of any estate, right or interest appearing by the register to be excepted.

Notice of easement. Imp. 38 & 39 V. c. 87, s. 18, sub- s. d.

Statement of appur- tenant easement on certificate, etc.

(4) Where the existence of any easement is proved the Master may, if he thinks fit, enter notice thereof on the register.

(5) Where title is shewn to any easement appurtenant to the land being registered, the same may be stated in the entry and certificate of ownership. R.S.O. 1897, c. 138, 8. 16.

Certificate of Oiunership.

Certificate of owner- ship given on regis- tration.

Imp. 38 & 39 V. c. 87.

s. 10.

14. On the entry of the name of the first registered owner of freehold land on the register, the proper Master of Titles shall, if required by the owner, deliver to him a Certificate, in the prescribed form, in this Act called a Certificate of Owner- ship, which shall state whether the title of the owner therein mentioned is absolute, qualified, or possessory. R.S.O. 1897, c. 138, s. 17.

15. A certificate by the proper Master of Titles of the first Registry registration of an owner under this Act shall be registered in apply to the registry division in which the land is situate ; and there- this Act. after The Registry Act shall cease to apply to such land, lo Edw. vii R.S.O. 1897, c. 138, s. 18.

60.

PART II.

LEASEHOLD LAND.

16. — (1) A separate register of leasehold land shall be i^^le^hoid "' kept and any of the following persons: '^"**-

(a) Any person who has contracted to buy for his own Application benefit leasehold land held under a lease for a tration with life or lives, or determinable on a life or lives, a tieciara- or for a term of years of which at least 21 are tlti" of unexpired, or in respect of which the lessee or g^rTm lease his assigns is or are entitled to a renewal term or succession of terms amounting with the por- 39'^. c. 87. tion unexpired of the current term to dt least 21 "• ^^' years, or to a renewal for a life or lives, whether or not subject to incumbrances ;

(h) Any person entitled for his own benefit, at law or in equity, to leasehold land held under any such lease whether or not subject to incumbrances; and

(c) Any person capable of disposing for his own bene- fit by way of sale of leasehold land held under any such lease whether or not subject to incum- brances ;

may apply to the proper Master of Titles to be registered, or to have registered in his stead any nominee as owner of such leasehold land, with the addition, where the lease under which the land is held is derived immediately out of free- hold land, and the applicant is able to submit for examina- tion the title of the lessor, of a declaration of the title of the lessor to grant the lease under which the land is held ;

Provided that, in the case of leasehold land contracted to be bought, the vendor consents to the application.

(2) Every applicant for registration of leasehold land shall deposit with the Master the lease in respect of which the application is made, or if such lease is proved to the

90

8

satisfaction of the Master to be lost, a copy of such lease or of a counterpart thereof, verified to the satisfaction of the Master; and such lease or verified copy is in this Act refer- red to as the registered lease.

(3) Leasehold land held under a lease containing an ab- solute prohibition against alienation, shall not be registered.

(4) Leasehold land held under a lease containing a pro- hibition against alienation without the license of some other person, shall not be registered unless and until provision is made in the prescribed manner for preventing alienation without such license, by entry in the register of a restriction to that effect, or otherwise. K.S.O. 189Y, c. 138, a. 19.

(5) Section 7 shall apply t^) leasehold as well as to free- hold land. 7 Edw. VII. c. 30, s. 2.

of'^m^e^ l*^- An applicant or his nominee shall not be registered

on^appfica- ^^ owuer of leasehold land unless and until the title to such

tion. laud is approved by the proper Master of Titles; and if he

Imp. 38 & iii)r)]ies to be registered as owner of leasehold land with a

39 V c 87 -. . •

s. 12! ' ' declaration of the title of the lessor to grant the lease niuler which the land is held, shall not be registered with such declaration unless and until the lessor, after an examination of his title by the Master, is declared to have had an absolute or qualified title to grant the lease under which the land is held. R.S.O. 1897, c. 138, s. 20.

Estate of first regris- tered owner of leasehold land with a declara- tion of absolute title of lessor to grant lease.

Imp. 38 «& 39 V. c. 87.

s. 13.

18. The registration of a person as first registered owner of leasehold land with a declaration that the lessor had an absolute title to grant the lease under which the land is held, shall vest in such person the land comprised in the registered lease relating to such land for all the leasehold estate therein described, with all implied or expressed rights, privileges and appurtenances attached to such estate, but subject

(a) To all implied and express covenants, obligations and liabilities incident to such leasehold estate;

(&) To the incumbrances, if any, entered on the register ;

(c) Unless the contrary is expressed on the register, to such liabilities, rights and interests as affect the leasehold estate and are by this Act declared not to be incumbrances in the case of registered free- hold land ; and

96

9

(d) Where such first registered owner is not entitled for his own benefit to the land registered, then, as between himself and any person for whom he holds or claiming under him, to any unregistered estates, rights, interests or equities to which such person may be entitled ;

But free from all other estates and interests whatsoever, including estates and interests of His Majesty, which are within the legislative jurisdiction of Ontario. R.S.O. 1897, c. 138, s. 21 ; 7 Edw. Vll. c. 30, s. 3.

19. The registration of a person as first registered Estate of owner of lease'hbld land without a declaration of the title tered of the lessor, shall not affect or prejudice the enforcement leasehold of any estate, right, or interest affecting or in derogation out*^a^^*^ of the title of the lessor to grant the lease under which the of *^[ttie*'°" land is held ; but, save as aforesaid, shall have the same °^ lessor to

rr 1 ' . . ^ f, . , grant lease.

eiiect as the regrstration of a person as first registered owner of leasehold land with a declaration that the lessor 39 v. c. 87, had an absolute title to grant the lease under which the land ^' ^^' is held. R.S.O. 1897, c. 138, s. 22.

20. — (1) Where on the examination of the title of a lessor ^^ay lessor by the proper Master of Titles, it appears to him that to have a the title of such lessor to grant the lease under which the land title to is held can be established only for a limited period, or sub- ^'"^"^ ^^^^®- ject to certain reservations, the Master may, by an entry made 3^ v. c^ ii, in the register, except from the effect of registration, any*"- ^^• estate, rig'ht or interest arising before a specified date or arising under a specified instrument, or otherwise particularly described in the register; and a title of a lessor subject to such excepted estate, right, or interest shall be deemed a qualified title.

(2) The registration of a person as first registered owner of leasehold land with a declaration that the lessor had a qualified title to grant the lease under which the land is held, shall have the same effect as the registration of such person with a declaration that the lessor had an absolute title to grant the lease under which the land is held, save that registration with the declaration of a qualified title shall not affect or prejudice the enforcement of any right or interest appearing by the register to be excepted. E.S.O. 1897, c. 138, s. 23.

21. On the entry of the name of the first registered owner of^fgase"^^ of leasehold land on the register, the proper Master of Titles given on shall, if required by the owner, deliver to him a copy of the'^^ registered lease, in this Act called an office copy, authenticated 3™ v. c. 87,

s. 17.

2-96

10

In the prescribed manner, and there shall be endorsed thereon a statement whether any declaration, absolute or qualified, as to the title of the lessor has been made, and any other par- ticulars relating to such lease entered in the register. R.S.O. 1897, c. 138, s. 24.

PART III.

EEGISTKATION^ HOW EFFECTED.

Regulations 22. The examination of a title shall be conducted in the fnatJon^of" prescribed manner, subject to the following provisions :

title by Master.

Imp. 38 & (a) Due notice shall be given where the giving of such

39 V. c. 87, notice is prescribed ; and sufficient opportunity

shall be afforded to any person desirous of object- ing to come in and state his objections to the proper Master of Titles ;

(6) The Master shall have jurisdiction to hear and determine any such objections, subject to an appeal to the Court in the prescribed manner and on the prescribed conditions;

(c) If the Master, upon the examination of any title, is of opinion that it is open to objection, but is nevertheless a title the holding under which will not be disturbed, he may approve of it or may require the applicant to apply to the Court, upon a statement signed by the Master, for its sanction to the registration;

10 Bdw. VII. (d) It shall not be necessary to produce any evidence

'^' • ^- • which, by The Vendors and Purchaser's Act is

dispensed with as between vendor and purchaser, or to produce or account for the originals of any registered deeds, documents, or instruments, unless the Master otherwise directs ;

(e) The Master may receive and act upon any evidence which is received in court on a question of title, or any evidence which the practice of convey- ancers authorizes to be received on an investiga- tion of a title out of court, or any other evidence, whether the same is or is not receivable or suffi- ^cient in point of strict law, or according to the practice of conveyancers, if the same satisfies him of the truth of the facts intended to be made out thereby ;

90

11

(/) The Master may refer to and act upon not only the evidence adduced before him in the proceeding in which such evidence is adduced, but also any evidence adduced before him in any other pro- ceeding wherein the fadts to which such evidence relates were or are in question. K.S.O. 1897, c. 138, s. 25. Amended.

23. The Lieutenant-Governor in Council may name one EJmpioyment or more barristers to whom the Master of Titles may refer °or exam-^^ the examination of the title, in whole or in part, of any land uues!"^ °* in respect of which an application is made, and the Master imperial may act upon the opinion of such referee. 7 Edw. VII. i^and Trans-

C. 30, S. 1. of 1903,

^ Nos. 36 and

313.

24, — (1) All registered land, unless the contrary is ex- Liawuty of pressed on the register, shall be subject to such of the follow- [and^\1)^^'^ ing liabilities, rights, and interests as for the time being may easements be subsisting in reference thereto, and such liabilities, rights tain other and interests shall not be deemed incumbrances within the ^'^ meaning of this Act ; 39"^. c^ ti.

a. 18.

(a) Provincial or municipal tax^, duties, charges, J^^gtered^^ rates or assessments, and school or water rates : subject to

taxes.

(h) Any right of way, water-course, and right of water, and other easements ;

(c) Any title or lien which, by possession or improve-

ments the owner or person interested in any adjoining land has acquired to or in respect of the registered land ;

(d) Any lease or agreement for a lease, for a period

yet to run which does not exceed three years, where there is actual occupation under it ;

(e) Any right of the wife or husband of the person

registered as owner to dower or curtesy, as the case may be, in case of surviving such owner ;

(/) Any right of expropriation, access or user conferred by Statute; E.S.O. 1897, c. 138, s. 26 (1); 3 Edw. VII. c. 12, s. 2; 7 Edw. VII. c. 30, s. 4. Amended.

(g) Any public highway.

(2) If the applicant desires the certificate to declare the title to be free from the first five of such particulars, or any

96

12

of tiiem, Ms applicabioii shall so state, and the investigation shall proceed accordingly. E.S.O. 1897, c. 138, s. 26 (2).

(3) The description of the land in the certificate of owner- ship shall not, as against adjoining owners, be conclusive as to the boundaries or extent thereof. R.S.O. 1897, c. 138, s. 26 (1). Part, amended.

Effect of 25. Where a license under The Crown Timber Act, or

of^ianT*^*°" any Statute for which that Act is substituted, has been or shall be granted, and the land is registered under this Act the same shall be deemed to have been, and to be subject to the rig'hts of the licensee or his assigns for the current license year under the license, and to the rights of His Majesty in the pine trees under The Free Grants and Home- steads Act, or any Statute for which that Act is substituted, without the f aot of such land being &o subject being expressed in the entry in the register, or in the certificate of owners ship. K.S.O. 1897, c. 138, &. 27.

upon

timber

licenses.

Rev. Stat c. 32.

Rev. Stat c. 29.

Mortgages existing at First Registration.

Lands 26. — (1) Where land is registered subject to mortgages

mortgage" existing thoreon at the time of the first registration the registration, mortgages shall be noted in the register in the same order as they are registered in the registry office if such mort- gages have been so registered, or the dates of the respective registrations thereof shall be stated, but this shall not be taken as an affirmation that such mortgages rank in the order in which they were registered or in the order in which they are noted.

(2) Abstracts of all instruments dealing with such mort- gages shall thereafter be entered in the register, and the entry thereof shall be deemed the registration of the instru- ment, and the rig'hts of the parties interested or claiming to be interested in any such mortgage so far as it affects land under this Act shall, subject to sections 10 to 13 and 42 to „ 45, be decided under the registry law, as if the registrations

VII., c' 80. in the Office of Land Titles had been made under The Registry Act. E.S.O. 1897, c. 138, s. 29.

Determination of Incumbrances or Leases existing at First Registration.

<^™^ete or 27. — (1) Where upon the first registration of land,

discharge of riotico of any incumbrance affecting such land has been

* entered on the register, the proper Master of Titles, on proof

\\^'c. 87. to his satisfaction of the discharge of such incumbrance shall

S. 19.

13

note in the prescribed manner on the register, by cancelling the original entry or otherwise, the cessation of such incum- brance and thereupon the incumbrance shall cease.

(2) On the requisition or certificate of a mortgagee whose mortgage was entered on the register on the first registra- tion of the land or the registered assignee thereof or of the personal representative of such mortgagee or assignee author- izing or certifying the discharge of the whole or any part of the land therefrom or the discharge of the whole or any part of the money thereby secured, the Master may note on the register the discharge of such land from the mortgage or the discharge of such part of the money, and thereupon as to the land or money discharged, the incumbrance shall cease.

(3) The death of the person who signed the requisition or certificate shall not revoke or otherwise affect the same. R.S.O. 1897, c. 138, s. 30 ; 7 Edw. VII., c. 30, s. 5.

28. The proper Master of Titles, on proof to his satis- tion^o?\ease. faction of the determination of any lease of registered land i^p. sg & 39 existing at the first registration, shall note in the prescribed J^- jq ^^' manner on the register, the determination of such lease. R.S.O. 1897, c. 138, s. 31.

Adverse Possession as against Registered Owner.

29. — (1) Where a title to registered land is claimed JJ^n ^o^^tftVe imder The Limitations Act, no time prior to the registration '^y adverse of a registered owner of such land, shall be computed in the period of posisession required to confer a title under the v., c. 87, Act, as against such owner or any one claiming under him, ^'q ^^^ yii., but save as in this section provided the Act shall apply to °- ^■*- registered land.

(2) The registration of a transfer, c'harge or transfer of a charge shall have the same effect for the purpose of stop- ping the running of the Statute as an entry on the land.

(3) Where a person claims to have obtained a title by possession to registered land he may lodge a caution under section 72, and apply to the proper Master of Titles for an order for the rectification of the regis'ter, and on such appli- cation if it is made to appear that the applicant had at the time he lodged the caution acquired such title the Master may declare the applicant entitled to the land or any part thereof and shall rectify the register accordingly.

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14

(4) No person shall be deemed to have acquired a title by possession unless he has taken the proceedings provided for by subsection 3.

(5) This section shall not affect the provisions of para- graph " c " of subsection 1 of section 24. New.

PAET IV.

TRANSFER AND CHARGE OF REGISTERED LAND.

Charge of Registered Land.

charges? and 30.-^(1) Every registered owner, may in the prescribed <ie'i^Y^ry of manner charge the land with the payment at an appointed of charge, time of any principal sum of money either with or without Imp. 38 & 39 interest, or as security for any other purpose, and with or without a power of sale. RS.O. 1897, c. 138, s. 33 (1).

v., c. 87, s. 22

SSpflted°^ (2) The charge shall be completed by tihe proper Master of Titles entering on the register the person in whose favour the charge is made as the owner of the charge, stating the amount of the principal sum wOiich the charge secures, with the rate of interest and the periods of payment, or the other purpose for which the charge is given.

(3) Where the charge contains a power of sale, that fact s'hall be sitated, but the particulars ne^d not be set out in the register, nor sihall it be necessary to set forth incidental matters which may be expressly charged, such as costs of inspection, or of abortive attempts to sell and the like. 3 Edw. VII., c. 12, s. 3.

(4) The charge, when registered, shall confer upon the chargee a charge upon the interest of the chargor as appear- ing in the register subject to the incumbrances and qualifica- tions to which such interest is subject, but free from any unregistered interests in- the land. New.

(5) The Master shall also, if required, deliver to the owner of the charge, a certificate of charge in the prescribed form. RS.O. 1897, c. 138, s. 33 (3).

lo^^Edw.^^ (6) The provisions of section 73 of The Registry Act

shall apply to the charge as if it was a registered mortgage. New.

VII. c. 60.

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15

31, — (1) Where a registered charge is created, there implied shall be implied on the part of the registered owner at thato pay time of the creation of the charge, his heirs, executors and^^^*^^^^' administrators, unless there is an entry on the register nega- v"^c_ W*^^ tiving the implication, covenants with the registered owner ^' ^3. for the time being of the charge:

(a) To pay the principal sum charged, and interest, if any, thereon, at the appointed time and rate; an'd all taxes, rates, charges, rents, statute labour or other impositions theretofore or thereafter imposed or charged on the land and that in case of default all payments made by the owner of the charge may be added to the principal sum and bear interest ;

(&) If the principal sum or any part thereof is un- paid at the appointed time, to pay interest half- yearly at the appointed rate on so much of the principal sum as for the time being remains unpaid.

(2) Where a charge, whether or not under seal, is ex- Provision pressed to be made in pursuance of The Short Forms of ch&rge Mortgages Act, or refers thereto, and contains any form of to^be^made words contained in clauses numbered 1, 2, 3, 7, 8, 12, 14, "o^g^w 15 or 16, of Column One, of Schedule B to that Act, ^n. c. "ss. whether expressed in the first or third person, such words shall have the same meaning and effect as the words under the corresponding number in Column Two in that schedule: and the provisions of that Act shall apply to the charge. R.S.O. 1897, c. 138, s. 34.

32. Where a registered charge is created on any lease- implied hold land, there shall be implied on the part of the regis- call^of^* ^^ tered owner of such leasehold land at the time of the crea- lf„^,?^^°4^ ^°

/. ■, , 1 . -, . - pay rent,

tion of the charge, his heirs, executors, and admimstrators, etc., and unless there is an entry on the register negativing the im- owner of plication, covenants with the registered owner for the time^ ^^^^' being of the charge : ^"^^c. I? * ^'

s. '24.

(a) That the registered owner of such leasehold land at the time of the creation of the charge, his executors, administrators or assigns, will pay, perform and observe tihe rent, covenants, and conditions by and in the registered lease re- served and contained, and on the part of the lessee to be paid, performed, and observed; and

(&) Will keep the owner of the charge, his executors, administrators and assigns, in'demnified against

16

all actions, suits, expenses, and claims, on ac- count of the non-payment of sucli rent, or any part thereof, or the breach of such covenants or conditions, or any of them. R.S.O. 1897, c. 138, s. 35.

Entry by 33 _ Subject to any entry to the contrary on the register,

charge. the registered owner of a registered charge, for the purpose

Imp. 38 & 39 of obtaining satisfaction of any moneys due to him under

^"'25.' ' the ciharge, at any time during the continuance of his charge,

may enter upon the land charged, or any part fhereof, or

into the receipt of the rents and profits thereof, subject

nevertheless to the right of any persons appearing on the

register to be prior incumbrancers, and to the liability

attached to a mortgagee in possession. E..S.O. 1897, c. 138,

s. 36.

b'^^owner'^^ ^'^- Subject to any ento-y to the contrary on the register

of charge, the registered owner of a registered charge may enforce it

v., c. 87, by foreclosure or sale, in the same manner and under the

^' ' same circumstances in and' under which he might enforce

the same if the land had been transferred to him by way of

mortgage, subject to a proviso for redemption. R.S.O.

1897, c. 138, s. 37.

^wner^ot^ 35. Subject to any entry to tihe contrary on the register, charge with (\^q registered owner of a registered charge with a power of sale. sale, in accordance with the terms of the power, may sell

Imp. 38 & 39 and transfer the interest in the land, w*hioh is the subject Z"i7'. ^^' of the charge, or any part thereof, in the same manner as if he were the registered owner of the land to the extent of such interest therein. R.S.O. 1897, c. 138, s. 38.

Sgiste?ed' 2®- Subject to any en'try to the contrary on the register, charges. registered charges on the same land shall as between them- imp. 38 & 39 selves rank according to the order in which they are entered s."28; ' on the register, and not according to the order in which they are created. R.S.O. 1897, c. 138, s. 39.

JfTn^m! 37.— (1) The proper Master of Titles shall, on the re-

brance. quisition of the registered owner of any land and on due

v"^c^87* ^^ proof of the satisfaction of a charge thereon, or may on the s."28.' ' requisition of the registered owner of a charge or of his personal representative or on his certificate of the satisfac- tion thereof, note on the register in tihe prescribed manner, by cancelling the original entry or otherwise, the cessation of the charge; and thereupon the dharge shall cease.

(2) The Master may in like manner and with the like effect note the cessation of any other incumbrance. 96

17

(3) On the requisition or certificate of the registered Partial owner of a charge, or of the personal representative of such of charge, owner authorizing or certifying the discharge of any part of the land therefrom or the discharge of any part of the money thereby secured, the Master may note on the register the discharge of such land from the charge or the discharge of such part of the money and thereupon as to the land or money discharged the charge shall ceas€. R.S.O. 1897, c. 138, s. 40.

(4) The death of the person who signed the requisition Death of or certificate ^hall not revoke or otherwise affect the same, cirtifying

7 Edw. VII., C. 30, S. 6. t« cessation

' ' of charge.

Transfers after Land is Brought Under this Act.

38. — (1) Every registered owner may, in the prescribed j^^^p^^j^^°' manner, transfer the land or any part thereof. delivery of

certificate.

(2) The transfer shall be completed by the proper Master imp. 38 & 39 of Titles entering on the register the transferee as owner s."29'. '

of the land transferred; and until such entry is made the transferor shall be deemed to remain owner of the land.

(3) Upon completion of the registration of the transferee, the Master shall, if required, deliver to him a certificate of ownership in the prescribed form.

(4) Where part only of the land is transferred, the Master shall also, if required, deliver to the transferor a certificate of ownership containing a description of t^e land retained by him. R.S.O. 1897, c. 138, s. 41.

39. — (1) Any person who is entitled to have a transfer Right to

^ / «/ i compel

or charge entered on the register, shall have the right to production require the holder of the certificate of ownership, if any of owner- is outstanding, to produce the certificate to the proper Master ^^^^' of Titles, or to deliver it to such person for production for the purpose of having all proper entries or alterations tnade thereon by the Master, or for cancellation when the certifi- cate has become eifete.

(2) A person entitled to 'have a cessation of a charge entered shall have the right to have an outstanding certificate of ownership of the charge produced in like manner in ordor that it may be cancelled^ R.S.O. 1897, c. 138, s. 42.

40. Where upon an application for the registration of Master may a charge or of a transfer of any land or charge, the proper production Master of Titles considers it expedient to require the pro- of owner- 3-96

18

Transfers to trustees under Rev. Stat. c. 307.

duction of the certificate of ownership, either for the pur- pose of identifying the person dealing with the land or charge or for cancellation when the same ought to be can- celled or for any other purpose, 'he may do so, and may decline to enter the charge or transfer on the register until the cer- tificate has been produced, and if the certificate is not pro- duced within such time as the Master limits, he may return the transfer or charge. R.S.O. 1897, c. 138, s. 43.

41, Where registered land is transferred to trustees under The Act respecting the property of Religious Institutions, the trustees shall be registered as owners in the usual man- ner and by their corporate name without setting out the purposes or trusts on which the land is held, but, a note shall be made by the proper Master of Titles that tte land is only to be transferred or charged in accordance with the provisions of that Act. R.S.O. 1897, c. 138, s. 44.

Estate of 42. A transfer for valuable consideration of land regis-

for valuable tered with an absolute title, when registered, shall confer tion of land on the transferee an estate in fee simple in the land trans'- lute^ tme?" f erred, together with all rigtts, privileges and appurtenances Imp. 38 & 39 belonging or appurtenant thereto, subject to :

v., c.

& 30.

87,

(a) The incumbrances, if any, entered or noted on the register; and

(6) Such liabilities, rights, and interests, if any, as are declared for the purposes of the Act not to be incumbrances, unless the contrary is expressed on the register, and

As to such rights, privileges and appurtenances, subject also to any qualification, limitation or incumbrance to Avtich the same are expressed to be subject in the register, or w'here such rights, privileges and appurtenances are not registered, then subject to any qualification, limitation or in- cumbrance to which the same are subject at the time of the transfer. New.

But free from all other estates and interests whatsoever, including estates and interests of His Majesty, which are within the legislative jurisdiction of Ontario. R.S.O. 1897, c. 138, 8. 45. Amended.

43. A transfer for valuable consideration of land regis-

Estate of

for valuable tered with a qualified title, when registered, shall have the

considera- ^ ; n ^

tion of

land with

qualified

title.

same effect as a transfer for valuable consideration of the same land registered with an absolute title, save that such transfer shall not affect or prejudice the enforcement of any

90

19

right or interest appearing by the register to ])e excepted, imp. 38 & 39 R.S.O. 189Y, c. 138, s. 46. I'si; *^'

44, A transfer for valuable consideration of land regis- Estate of tared with a possessory title shall not affect or prejudice for^^^Iiuabie the enforcement of any right or interest adverse to or in uoT^of '^^" derogation of the title of the first registered owner, and sub- p^'^essory sisting, or capable of arising, at the time of the registration title.

of such owner ; but, otherwise, when registered, shall have v"^c.^87* ^' the same effect as a transfer for valuable consideration of s- ^^• the same land registered with an absolute title. R.S.O. 1897, c. 138, s. 47.

45. A transfer of registered land, made without valuable Estate of consideration, shall be subject, so far as the transferee transferee is concerned, to any unregistered estates, rights, °^ ^^^^' interests, or equities subject to which the transferor y^^^. %f^ ^^ held the same ; but, otherwise, when registere'd, in all re- ^ ^^• spects, and in particular as respects any registered dealings

on the part of the transferee, shall have the same effect as a transfer of the same land for valuable comsideration. E.S.O. 1897, c. 138, s. 48.

Claims for Dower.

46. — (1) Where it is claimed that registered land is free ciaim that from dower on account of the land being held in trust, or free from for some reason other than the wife's release of her dower ^°^^^- by an instrument which can be produced and registered, and evidence to that effect which appears satisfactory is pro- duced before the proper Master of Titles, he may issue a notice requiring the wife to support her right if she claims to be entitled to dower in the land ; and if she fails ' to do so the Master may enter on the register a memorandum that the land is free from dower, and such entry shall, unless reversed on appeal, be a bar to any claim by such wife ; and no appeal shall lie, unless the wife claims her right of dower before the Master.

(2) This section shall also apply to the widow of a for- mer owner. R.S.O. 1897, c. 138, s. 49.

47. Where registered land is transferred subject to a Dower of

TV 1 1 fl t r3.n s*

charge, or where the registered owner of land which isferee of subject to a charge subsequently marries, the wife of the land. transferee or owner shall have the same rights in respect of dower as she would have had if the legal estate had been transferred by an ordinary mortgage and no others. R.S.O. 1897, c. 138, s. 50.

96

20

Transfers of Leaseholds.

Transfer of 48. — (1) Everj registered owner of leasehold land may iS'^and in the prescribed manner, transfer the whole of his estate in offlcr «)py^ such land or in any part thereof.

of lease.

Imp. 38&39 (2) The transfer shall be completed by the proper Master 34; ^" *^' ^" of Titles entering on the register the transferee as owner of the leasehold land transferred, but until such entry is made the transferor shall be deemed to remain owner.

(3) Upon completion of the registration of the transferee, if the transfer includes the whole of the land comprised in the registered lease relating to such land, the transferee shall be entitled to the office copy of the registered lease.

(4) If a part only is transferred, the Master, if required according to any agreement that has been entered into between the transferor and transferee, shall deliver to the one the ofl&ce copy of the registered lease and to the other a fresh office copy of such lease, each of such copies shewing, by endorsement or otherwise, the parcels of which the person to whom such copy is delivered is the registered owner. R.S.O. 1897, c. 138, s. 51.

Estate of 49. A transfer for valuable consideration of leasehold

for valuable land registered with a declaration that the lessor had an considem- .^bsQi^^te title to grant the lease under which the land is ilnf^with a held, when registered, shall vest in the transferee the land orEOjs^Vute transferred for all the leasehold estate described in the title of registered lease relating to such land and then unexpired,

with all implied or expressed rights, privileges, and appur-- 39^^v., c. 87, tenances attached to such estate, but subject to

35.

(a) All implied and express covenants, obligations, and liabilities incident to such estate ;

(h) The incumbrances, if any, entered or noted on the

register ; and

(c) Such liabilities, rights, and interests as affect the leasehold estate and are by this Act declared for the purposes of the Act not to be incumbrances in the case of registered freehold land, unless the contrary is expressed on the register;

But free from all other estates and interests whatsoever including any estates and interests of His Majesty, which are within the legislative authority of Ontario. R.S.O. 1897, c. 138, s. 52. 96

21

50. A transfer for valuable consideration of leasehold Estate of land registered without a declaration of the title of the for valuable lessor, shall not affect the enforcement of any estate, right tion of

or interest affecting or in derogation of the title of the lessor ufnd ^without to grant the lease under which the land is held; but other- '^jf*^^'=^j|'"^y°" wise when registered, shall have the same effect as a trans- 'essor. fer for valuable consideration of the same land registered imp. 38 & 39

• "V c 87 s.

with a declaration that the lessor had an absolute title to 37! grant the lease under which the land is held. I^.S.O. 1897, c. 138, s. 53.

51. A transfer for valuable consideration of leasehold ^^^sferee land registered with a declaration that the lessor had a valuable con-

SlQ.GrH,LlOTl of

qualified title to grant the lease under which the land is leasehold held, when registered, shall have the same effect as a trans- declaration fer for valuable consideration of the same land registered ?ftie^"o"^i^- with a declaration that the lessor had an absolute title to®°'- grant the lease under which the land is held, save that such^P-^38^& 3^9 transfer shall not affect or prejudice the enforcement of 36' any right or interest appearing by the register to be excepted from the effect of registration. R.S.O. 1897, c. 138, s. 54.

52. A transfer of registered leasehold land made without voluntary valuable consideration shall be subject, so far as the transferee jg^gl^^^^® °' is concerned, to any unregistered estates, rights, interests, land.

or equities subject to which the transferor held the same;^p. 38 & 39 but otherwise when registered in all respects and in par- 38.' ticular as respects any registered dealings on the part of the transferee, shall have the same effect as a transfer of the same land for valuable consideration. R.S.O. 1897, c. 138, s. 55.

53. On the transfer of any registered leasehold land, un-nants^'^on^^^' less there is an entry on the register negativing such i"^pli"i^^ase^oid es- cation, there shall be implied tates.

(a) On the part of the transferor, a covenant with the 39! transferee that, notwithstanding anything by such transferor done, omitted, or knowingly suffered, the rents, covenants and conditions reserved and contained by and in the registered lease, and on the part of the lessee to be paid, performed, and observed, have been so paid, per- formed, and observed up to the date of the trans- fer: and

Imp. 38 & 39 v., c. 87. 8.

>

{h) On the part of the transferee, a covenant with the transferor, that the transferee, his executors, administrators, or assigns, will pay, perform, and observe the rents, covenants, and conditions by and in the registered lease reserved and con-

»6

22

tained, and on the part of the lessee to be paid, performed, and observed, and will keep the trans- feror, his executors, administrators and assigns, indemnified against all actions, suits, expenses, and claims on account of the non-payment of the rent or any part thereof, or the breach of the convenants or conditions, or any of them. R.S.O. 1897, c. 138, s. 56.

Transfer of Charges.

Transfer^ of 54_ — (^-]^ ^hc registered owner of a charge may, in the register, prescribed manner, transfer such charge to another person Imp. 38 & 39 as owner.

v.. c. 87, s. 40.

(2) The transfer shall be completed by the proper Master of Titles entering on the register the transferee as owner of the charge transferred.

(3) The transfer, when registered, shall confer upon the transferee the ownership of the charge free from any un- registered interests therein, and the transfer of part of the sum secured by a charge shall confer upon the transferee the ownership of such part free from any unregistered interests therein.

(4) Every transfer of a charge shall be subject to the state of account upon the charge between the charger and the chargee.

(5) The Master shall also, if required, deliver to the transferee a fresh certificate of charge.

(6) The transferor shall be deemed to remain owner of such charge until the name of the transferee is entered on the register in respect thereof.

Transfer of part of a charge.

(7) The registered owner of a charge may transfer a part of the sum secured by the charge, and the part so trans- ferred may be given priority over the remaining part, or may be deferred, or may continue to rank equally with it, as may be stated in the transfer. R.S.O 1897, c. 138, s. 57. Amended.

Priority.

Time of Registration. { . ".

55. The day, hour and minute of the receipt of each instrument and copy of writ shall be noted thereon, and for the purpose of priority between chargees, transferees and others, the time of the receipt shall be deemed the time of icgistration. R.S.O. 1897, c. 138, s. 58.

23 Transmission of Land and Charges on Owner s Death.

56. On the death of the sole registered owner, or of the Transmis-

,.. . 1 jTiTT-ij ^'°" °^ death

survivor oi several joint registered owners, oi any ireenoluof owner of land, such person shall be registered as owner, in the place of the deceased owner or owners, as may, on the applica- v!l^c. 87, s. tion of any person interested in such land, be appointed *'^- by the proper Master of Titles, regard being had to the rights of the several persons interested in the land, and in particular to the selection of any suc'h persons as may for the time being appear to the Master to be entitled, according to law, to be £0 appointed : subject to an appeal to the Court in the pre- scribed manner by any person aggrieved by any order of the Master under this section. E.S.O. 1897, c. 138, s. 59.

57. On the death of the sole registered owner, or of the Transmission survivor of several joint registered owners of any leasehold owner of land or of any charge, the executor or administrator of such J|^|^ 0°^ of sole deceased owner, or of the survivor of such joint own-^^^''^®-

ers, shall be entitled to be registered as owner in his place. v^P-^^^gf \^ RS.O. 1897, c. 138, s. 60. " 42! " ' ^"

58. Where two or more persons have been entered asTransmis- owners of any land or charge, and one of them dies, hisof'^^one of personal representative may apply to be entered as owner Irl^'"^^ ''^"" jointly with the survivor or survivors. R.S.O. 1897, c. 138,

s. 61.

59. Any person registered in the place of a deceased Nature of owner shall hold the land or charge, in respect of which hegisfered is registered, upon the trusts and for the purposes to which owne'^!^ the same is applicable by law, and subject to any unregis-j^p gg ^ gg tered estates, rights, interests, or equities subject to which y^- c. 87, s. the deceased owner held the same; but otherwise in all re- spects, and in par'ticular as respects any registered dealings

with such land or charge, he shall be in the same position as if he had taken such land or charge under a transfer for a valuable consideration. E.S.O. 1897, c. 138, s. 62.

60. The fact of any person having become entitled to Evidence of

T ^ 1 . J?.! 1-11? transmission

any land or charge m consequence of the death ot any reg-of registered istered owner, shall be proved in the prescribed manner. ow"ei"ship- R.S.O. 1897, c. 138, s. 63. v^^c^l?* "

s.'47.'

61. Where an heir or devisee Applies to be entered as Entry of owner of any registered land, whict has vested in him under visee with- The Devolution of Estates Act, the proper Master of Titles to debts'^^o'f^^ shall make such entry without reference to the liability of ^^*^*®"

the land for debts, except under executions, copies of which ^^ ^^'^- v"- have been duly lodged; and the liability under that Act of

24

such land or any transferor thereof shall be determined as if such land had not been registered under this Act. 3 Edw. VII. c. 12, s. 9. Amended.

Executions and Sale Thereunder.

executions. 62,— (1) The sheriff, or other officer to whom the same

is directed forthwith after the delivery to him of any execu- tion or other writ, or renewal thereof, affecting registered land, upon written request of the party by whom such execution or other writ was sued out or renewed, or of his solicitor, but not otherwise, shall deliver or transmit by registered post to the proper Master of Titles a copy of the writ certified under his hand; and no registered land shall be bound by any such writ until such copy has been received by the Master; and after the receipt by him of the copy, no transfer by the execution debtor shall be effectual, except subject to the rights of the execution creditor under the writ.

Books to be ^2) The Master shall keep a book in the prescribed form, in which shall be entered a record of all writs, coipies of which are received by him from the sheriff or other officer.

(3) 1^0 sale or transfer under any such writ shall be valid as against a person purchasing for valuable consideration before such entry is made, notwithstanding that the pur- chaser may have had notice of the writ.

(4) Upon production to the Master of sufficient evidence of the satisfaction of any such writ, he shall cause an entry to be made in the book to that effect, and on such entry the writ shall be deemed to be satisfied.

(5) Every writ and renewal of a writ shall be presumed to have been spent, and the delivery or transmission of a copy thereof shall cease to have effect at the expiration of the writ or renewal as appearing on the copy transmitted; but if there has been a sufficient commencement of the exe- cution to enable it to be completed by the sale and conveyance of the land under the writ, and the same has not been com- pletely executed the sheriff or officer shall, or the execution creditor may, at any time within one month before the expiration of the writ or renewal as so appearing, file with the Master a certificate ef the sheriff or officer stating that fact, and such certificate shall be noted at the entry of the writ in the book, and the writ shall continue in force for a further period of one year from the filing of the certificate when it shall cease to have effect unless another similar cer- tificate is filed, which shall operate in like manner.

99

(6) Where an execution or other writ is issued against Notice to the registered owner under a different name from that under where writ w^hich he is registered, the writ shall have no effect under S^er^fnd"? this Act, unless the person who sues out the writ, or hiSnamQ^from solicitor, gives a notice to the Master, stating the name under relLter *^^ which the execution debtor is registered, and otherwise in the form or to the effect prescribed, or unless a like notice is written upon the copy of the writ.

(Y) The sheriff or other officer shall be entitled to a fee of fifty cents for each copy of writ or certificate transmitted by him. E.S.O. 1897, c. 138, s. 64. Amended.

63. Where a transferor or transferee of land, or maker Provision in or owner of a charge, claims that a writ apparently affect- claimed that ing land does not affect the land or charge, he shall pro- Llfelited^by duce such evidence thereof as the proper Master of Titles may |nTiy* affect^" consider necessary, and the Master may require all parties ^"S same, interested to be notified of the application to register freed from the writ, and may himself decide the question or may direct an issue to be tried or a case to be stated and may make such order as to costs as he deems just. E.S.O. 189 Y, c. 138, 8. 65.

64. — (1) The seizure under execution or other process of seizure of a mortgage or charge or of leasehold land registered under this SSfS^or Act, shall not take effect until a certificate of the sheriff or^®^^^^^^^ » other officer that he has taken such mortgage, charge or lease- hold land under such process against the registered owner thereof is lodged with the proper Master of Titles.

(2) The certificate shall state the number of the parcel under which the land affected is registered, and the name of the owner, and shall be noted by the Master in the register.

(3) This section shall not apply where the proceedings 9 Bdw. vii., prescribed by section 23 of The Execution Act have been *'' i^ x o s - taken with respect to a mortgage or charge. E.S.O. 189 Y,

c. 138, s. 66. Amended. f^

•sex .»■ Zt

65. Where any registered freehold or leasehold land issaie under sold under execution or other process, the proper Master rTgl^iied °' of Titles, upon the production to him of the transfer of the^^"^ same by the sheriff or other officer in the prescribed form, with proof of the due execution thereof, shall cause a notice to be mailed to the proper post-office address of the person whose interest has been sold ; and after the expiration of two weeks from the mailing of the notice, and if no other person has become entitled meanw'hile for want of entry of the writ or otherwise, the Master shall register the purdhaser as owner,

4-96

and shall, if required, issue to him a certificate of ownership in the prescribed form. RS.O. 1897, c. 138, 8. 67; 7 Edw. VII. c 30, s. 7.

Sales for taxefli

Sale for Taxes.

66. Where land is sold for taxes, the purchaser may at any time after the sale lodge a caution against the transfer of the land; and upon the completion of the time allowed by law for redemption, and upon the production of the transfer of the land in the prescribed form, with proof of the due execution thereof by the proper officer, the proper Master of Titles shall cause a notice to be mailed to the proper post-office address of the persons who appear upon the register to be interested in the land ; and after the expiration of three months from the mailing of the notice, shall register the purchaser at the sale as owner of the land, with an absolute title; and shall, if required, issue to him a certificate of ownership in the prescribed form, unless the registration is in the meantime stayed by order of the Court, and in that case the registration shall not be made, nor shall the certifi- cate be issued, except in accordance with the order and direc- tion of the Court. RS.O. 1897, c. 138, s. 68.

Cancellation of liens regristered under 10 Edw. VII., 69.

Cessation of Mechanics* Liens.

67. On its appearing to the satisfaction of the proper Master of Titles that a registered claim for lien under The Mechanics' and Wage Earners' Lien Act has ceased to exist by reason of proceedings not having , been taken within the time limited in that behalf, the Master may make an entry accordingly, or an entry cancelling the registered claim ; and the land affected shall thereby be released from the claim. RS.O. 1897, c. 138, e. 69.

lAs to registration of Mechanics' Liens, see The Mechanics* and Wage Earners' Lien Act, 10 Edw. VII. c. 69, s. 17.']

PART V.

OTHXB DEALINGS WITH EEGISTEBED LAND.

Registered owner only may make registered disposition.

unreBirtered ^®' — (1) ^o person other than the registered owner shall disposiuons. ]jg entitled to transfer or charge registered freehold or lease-

v"^c.'*8* '■! ^^^^ ^^^^ ^^ * registered di&position. 48.' A«

27

(2) Subject to tlie maintenance of tte estate and right of such owner, any person, having a sufficient estate or interest in the land, may create estates, rights, interests and equities in the same manner as he might do if the land were not registered.

(3) Any person entitled to or interested in any unregis- tered estates, rights, interests, or equities in registered land may protect the same from being impaired by any act of the registered owner, by entering on the register such notices, cautions, inhibitions, or other restrictions as are authorized by this Act.

(4) !No person other t3ian the registered owner thereof shall be entitled to transfer a registered charge by a regis- tered disposition; but, subject to the maintenance of the riglit of such owner, unregistered interests in a registered charge may be created in the same manner and with the same incidents, so far as the difference of the subject matter admits, in and witih which unregistered estates and interests may be created in registered land. R.S.O. 1897, c. 138, s. 70. Amended.

Bight to Registration.

69. — (1) Every trnsfer or charge signed by a regis- Right of tered owner or others claiming by transfer through, or under chargees, de- him, purporting to transfer or charge freehold or leaseholdto re^'itm- land, or an interest therein, capable of being registered, or"°°* purporting to transfer a charge, shall, until cut out by a con- flicting registration, confer upon the person intended to take under such transfer or charge, a right to be registered as the owner of such land or charge, and where a person applies to be registered under this section, the proper Master of Titles may either forthwith, or after requiring such notices to be given as he deems expedient, register such applicant as owner, subject to such incumbrances, if any, as the condition of the title requires, notwithstanding tbat the transfer or charge has been executed or bears date prior to the entry of such trans- feror or chargor as the owner of the land or charge.

(2) Any person claiming to be entitled to freehold orAppiicaUon leasehold land, or to an interest therein, capable of being etc., ^for^reW- registered, or to a charge, as devisee, heir, executor or admin- ^^^^'^^^^o"- istrator of a person who might have been registered under subsection 1, or any person claiming through or under such devisee, heir, executor or administrator, may apply to be registered as owner of such land, interest or charge, and if no conflicting registration has been made, may be so regis- tered subject to the provisions of this section, »8

28

Mode of entry.

(3) On registering the applicant, the Master sliall, so far as practicable, enter on the register short particulars of every instrument or other title under which the right is conferred, as if such instrument had been duly pr^ented for registration, or application for entry of transmission had been made in the proper order of time, and as a preliminary step to the registration of the applicant, may enter any intermediate transferee, heir, executor or administrator, as registered owner, where that method is more convenient.

All persons (4) No application by a person claiming through or under

must apply, a deceased person shall be allowed unless all the persons

entitled to the whole of the estate of .the deceased in the

land are to be entered as owners. R.S.O. 1897, c. 138, s. Yl.

persons*' (5) The Master may in like manner enter as owner of

taking by freehold or leasehold land or of a charge any person who is from unregis- entitled to such land or charge through the death of the owner, although the deceased had not been registered as owner, or any person who is entitled by virtue of the exercise of any power conferred by a statute, will, deed, or other instrument, whether the person so entitled claims directly from the deceased or directly under the power, or through any other person entitled by virtue of the death or power or through a succession of transfers or transmissions. 1 Edw. VII. c. 16, s. 2.

Notice of Lease.

Lessee may 70. — (1) Any lessee or other person entitled to or inter- registration estcd in a lease or agreement for a lease of registered land fease?"°^ °' where the term is for a life or lives, or is determinable on Imp. 38 & 39 a life or lives, or where the period of the lease or agreement v., c. 87, s. jQ^ ^Q j.^j^ jg three years or upwards, or where the occupa- tion is not in accordance with such lease or agreement may apply to the proper Master of Titles to register notice of such lease or agreement in the prescribed manner. R.S.O. 1897, c. 138, s. 72 (1) ; 7 Edw. VII. c. 30, s. 8.

S'tlrinl (2) Where the lease is by the registered owner of the

leases" **' land, the Master may without notice to him enter on the im 38 & 89 i'6gister such notice thereof as he deems necessary.

v., c. 87, a.

(3) Where the lease is not by the registered owner but his title appears to be subject thereto, or in the case of an agreement for a lease, the Master upon notice to such owner may enter notice of the lease or agreement on the register.

(4) The applicant shall deliver to the Master the original lease or agreement or a copy thereof; and if the applica-

5L

29

tion is granted tte Master shall make a note on the register identifying the lease or agreement or copy so deposited, and the lease or agreement or copy so deposited shall be deemed to be the instrument of which notice is given. E.S.O. 1897, c. 138, s. 73 (1) ; 7 Edw. VII. c. 30, s. 9.

(5) If the registered owner concurs in a registration under subsection 2 or subsection 3, notice may be entered in such manner as may be agreed upon. R.S.O. 1897, c. 138, s. 73 (2).

(6) When so registered every registered owner of the land and every person deriving title through him, except- ing owners of incumbrances registered prior to the registra- tion of such notice, shall be deemed to be affected with notice of the lease or agreement as being an incumbrance on the land, in respect of which the notice is entered.

(7) Where notice of such lease or agreement has been registered the Master, on proof, to his satisfaction of the determination of the lease or agreement, shall in the pre- scribed manner note the determination on the register. K.S.O. 1897, c. 138, s. 72 (2-3).

(8) Where a notice of a lease or of an agreement for a lease has been registered under this section, a transferee or a chargee of the lease or agreement may apply to have a notice of his transfer or charge entered on the register. New.

(9) Uuless the transferee or chargee has actual notice of a prior transfer or charge, a transfer or charge in respect of which a notice has been entered, shall take priority oi one of which notice has not been entered. New.

Notice of Estates in Dower or hy the Curtesy.

71. Any person entitled to an estate in dower or by theRggistration curtesy in any registered land, may apply in the prescribed ^st^tes*^ in °' manner to the proper Master of Titles to register notice o^ f^^l^rteay^^ such estate; and the Master, if satisfied of the title of such imp. 38 & 39 person to such estate, shall register notice of the same accord- 52! ' ingly in the prescribed form; and when so registered, such estate shall be an incumbrance appearing on the register, and shall be dealt with accordingly. K.S.O. 1897, c. 138, 8. 74.

Caution against Registered Dealings.

72. — (1) Any person interested in any way in any land caution or charge registered in the name of any other person, may ^^**"®* '"*'*■■ 99

80

inM^ J*|jj"^j, lodge a caution with the proper Master of Titles to the effect be lodged, that no dealings with such land or charge be had on the part v., c. 87, 1. of the registered owner or other named person who is shown ^^' to have an interest in the land until notice has been served

upon the cautioner. R.S.O. 1897, c. 138, s. 75 (1) ; 7 Edw.

VII. c. 30, s. 10.

(2) The caution shall be supported by an affidavit made bj the cautioner or his agent or solicitor in the prescribed form, and containing the prescribed particulars.

(3) A person interested under a lease, or agreement for a lease, of which notice has been entered on the register, or a person entitled to an estate in dower, or by the curtesy, of which notice has been entered on the register, shall not be entitled to lodge a caution in respect of such lease or agree- ment or estate in dower or by the curtesy.. R.S.O. 1897, c. 138, 9. 75.

(4) Every caution founded upon an execution or upon an allegation that a transfer, charge or other dealing is frau- dulent shall be renewed before the expiration of five years from the date of lodging the same, otherwise it ^all cease to have effect, and every such caution lodged five years before the passing of this Act shall, unless renewed, cease to have effect one year from the passing of this Act. New.

tuied**to^no-" '^^- — (^) -A-fter any such caution has been lodged, the tioe of pro- proper Master of Titles shall not, without the consent of the tered deal- cautioner, register any dealing with the land or charge until '°*^** after notice to the cautioner, warning him that his caution

v!!^"c.'*t* '•! will cease to have any effect after the expiration of the pre- ^*- scribed number of days next ensuing the date at which the

notice is served.

(2) After the expiration of such time the Master shall enter a cessation of the caution unless good cause for its continuance is shown. New.

(3) Upon the caution so ceasing, the land or charge e'hall be dealt with in the same manner as if no caution had been lodged.

When notice (4) A notice to a cautioner shall not be required where

regirtered* the dealing proposed to be registered is under the authority

Sltd'^St be of a judgment or order of court in a suit or proceeding to

Sut?oner. which the cautioner is a party, or where such dealing is

under a power of sale contained in a charge or mortgage

which is prior to the title under which the cautioner claims,

and the cautioner has been served with a notice of the pro-

96

31

posed exercise of the power of sale, and the caution is not in respect of the exercise of the power of sale, or where the dealing is of such a nature that it cannot detrimentally affect the interest of the cautioner as claimed in the affidavit filed with his caution.

(5) The Master upon receiving the consent of the cautioner to the registration of a dealing may discharge the caution un- less the consent provides for its continuance, or he may dis- charge the caution as to the land or charge to which the deal- ing applies, but he shall not do so where from the nature of the dealing he is of opinion that the continuance of the cau- tion is contemplated. New. K.S.O. 1897, c. 138, s. 76.

74. — (1) Where the registered owner of any freehold <>^^^r* object- leasehold land has executed a transfer or a charge thereof, ing to the but claims that on account of special circumstances shown by of his trans- affidavit the transferee or chargee should not be registered without notice to the registered owner, the proper Master of Titles may permit the registration of a caution by the regis- tered owner. R.S.O. 1897, c. 138, s. 77 (1) ; 7 Edw. VII. c. 30, s. 11.

(2) The registration of such caution shall stay the regis- tration of the transfer until such notice has been served on the cautioner in accordance with tho provisions of section 73. R.S.O. 1897, c. 138, s. 77, (2).

75. If before the expiration of the prescribed period the ^[{ng J*de- cautioner or some person on his behalf, appears before the^yf^^^^j"! proper Master of Titles, and within such period, or such ad- given, ditional period as the Master may allow, gives sufficient imp. 38 * 39 security to indemnify every person against any damage that ss!

may be sustained by reason of any dealing with the land or charge being delayed, the Master may delay registering any dealing with the land or charge for such further period as he deems just, or may instead of taking the security register such dealing, subject to the caution on any condition which he thinks fit to impose, as to security or otherwise, or may make such other order as he deems just. R.S.O. 1897, c. 138, 8. 78; 7 Edw. VII. c. 30, s. 12 (1).

76. A second caution by the same cautioner, or by any Entry of other person in respect of the same matter, shall not be caution, lodged, or if lodged shall not be entered, or have any effect without the special permission of the proper Master of Titles, which may be given either upon terms or without terms, as

he may think proper. R.S.O. 1897, c. 138, s. 79; 7 Ed-w. VII. c. 30, 8. 12 (2).

82

Sale of Standing Timher.

smntog '^'^' ^^6^6 timber standing upon registered land is sold

timber. under an agreement in writing, the purchaser, instead of

entering a caution, may deposit the agreement with the proper Master of Titles, and the Master, upon proof of the due exe- cution thereof by the owner, shall register the same as an in- cumbrance upon the land by entering a memorandum upon the register referring to the instrument and giving shortly the effect thereof. R.S.O. 1897, c. 138, s. 80.

Inhihition against Registered Dealings.

cSor°mas. ''8.— (1) The Court or the proper Master of Titles upon

registered*^** the application of any person interested, made in the pre-

deaiings; scHbed manner in relation to any registered land or charge,

Imp. 38 & 39 after directing such inquiries, if any, t^o be made and notices

57! ^' ' ' to be given, and after hearing such persons as the Court or

Master deems expedient, may issue an order or make an entry

inhibiting for a time, or until the occurrence of an event to

be named in such order or entry, or generally until further

order or entry, any dealing with registered land or with a

registered charge.

(2) The Court or the Master may make an order or an entry, and may impose any terms or conditions which may be deemed just, and may discharge the order or cancel the entry, with or without costs, and generally act in the premises in such manner as the justice of tlie case requires. R.S.O. 1897, c. 138, s. 81.

Power of Registered Owner to Impose Restrictions.

Power to 79. — (1) Where the registered owner of freehold or lease-

strictions on hold land or of a charge desires to place restrictions on trans- register. ferring or charging the land or charge, he may apply to the v!!^c.'*8?. ^l proper Master of Titles to make an entry on the register ^'- that no transfer shall be made or charge created unless the

following things, or such of them as the owner may determine,

are done; that is to say —

(a) Unless notice of any application for a transfer or for the creation of a charge is transmitted by registered post to such address as he may specify to the Master ;

(h) Unless the consent of some person or persons, to be named by the owner, is given to the transfer or the creation of a charge ; or

33

(c) Unless some other matter or thing is done as may be required by the applicant and approved by the Master. R.S.O. 189Y, c. 138, s. 82; 7 Edw. VII. c. 30, s. 13.

(2) If the Master is satisfied of the right of the appli- Master to

cant to give such directions, he shall make a note of themtiona in

on the register, and no transfer shall be made or charge ^®^^®*^®''

created except in conformity therewith. y^^'cf%f ^s.

59! '

(3) The Master shall not be required to enter any direc- tion, except upon such terms as to payment of the fees and otherwise as may be prescribed, or to enter any restriction that he may deem unreasonable, or calculated to cause in- convenience.

(4) Any such direction may at any time be withdrawn or modified at the instance of all the persons for the time being appearing by the register to be interested in such direction, and shall also be subject to be set aside by the Court. RS.O. 1897, c. 138, s. 83 ; 7 Edw. VII. c. 30, s. 13.

PAET VI.

SUPPLEMEITTAL, PROVISIONS.

Notice of Registered Instruments.

80. "Ro person other than the parties thereto shall be Notice by deemed to have any notice of the contents of any instru- '■«s^s*''^**°°- ments other than those mentioned in the existing register of title of the parcel of land or which have been duly entered in the books of the ofiice kept for the entry of instruments received or are in course of entry. R.S.O. 1897, c. 138, s. 84.

Caution Against Entry of Land on Register.

81. — (1) Any person having or claiming such an inter- caution est in any unregistered land as entitles him to object to any^f^^f^f^ ol:^**' disposition thereof being made without his consent, may '^"'5- lodge a caution with the proper Master of Titles to the effect imp. 38 & 39 that the cautioner is entitled to notice in the prescribed form, ed! ' and to be served in the prescribed manner, of any applica- tion that may be made for the registration of such land.

(2) Every caution under this section shall be renewed R^newai^of before the expiration of five years from the date of lodg-year*. ing t^e same, otherwise it shall cease to have effect.

6-96

34

(3) No caution registered under this section in respect of any unpatented land shall be of any validity unless the description contained therein specifies the land in accord- ance wit'h the description subsequently contained in the Patent, or describes the same in such manner that the Master may know that the description in the caution is in- tended to affect the land described in the Patent. R.S.O. 1897, c. 138, s. 85. Amended.

Cautions as to Actions Pending.

pendens ®^- ^ Certificate of lis pendens affecting land shall not

not to be be registered, but any party to an action, or his solicitor, or

any person claiming to be interested in the action, may lodge

a caution subject to the same conditions as in other cases.

K.S.O. 1897, c. 138, s. 86.

General Provisions as to Cautions.

Cautioner en- 83. After a caution has been lodged in respect of any notice of imregistered land, and while the same is in force, registra- Ifstration'^ tion shall not be made of such land until notice has been ^"^' served on the cautioner to appear and oppose such registra-

vf^'c^^sf ^B. *^^^' ^^^ until the prescribed time has elapsed after the date 62. ' of the service of such notice, or the cautioner has appeared,

whichever may first happen. R.S.O. 1897, c. 138, s. 88.

suppo?te*d^ ^^- Every caution shall be supported by an affidavit in by affidavit. ^\^q prescribed form, stating the nature of the interest of Imp. 38 & 89 the cautioner, the land to be affected by the caution, and such 61.' " . ' other matters as may be prescribed. R.S.O. 1897, c. 138, 8. 87.

Caution Wrongfully Lodged.

tio™^for^- ^^- ^^y person who lodges a caution without reasonable proper lodg- cause shall be liable to make to anv person who may sustain tion. damage by the lodging of such caution such compensation

Imp. 38 ft 39 as may be just; and such compensation shall be deemed to be v., c. 87, s. ^ ^^-^^ ^^^ from the person who has lodged the caution to

the person who 'has sustained damage. R.S.O. 1897, c. 138,

s. 89.

Caution.**' 8^- — -A- caution shall not prejudice the claim or title of

Imp 3S ft 39 ^^J person, and shall have no effect except as in this Act v.. "c. 87. B. provided. R.S.O. 1897, c. 138, s. 90.

N

Costs.

87. — (1) Any applicant under this Act shall be liable Payment prima facie to pay all costs, charges, and expenses incurred by or in consequence of his application, except where parties v!!'^'c. 87, s.^ whose rights are sufficiently secured without their appearance ^^" object, or where any costs, charges or expenses are incurred unnecessarily or improperly.

(2) The proper Master of Titles may order costs, either as between party and party, or as between solicitor and client to be paid by or to any person, party to any proceeding under this Act, and may give directions as to the fund out of which

any costs shall be paid, regard being had to the provisions of "

subsection 1.

(3) Any person aggrieved by an order of the Master made under this section may appeal in the prescribed man- ner to the Court, w^hich may annul or with or without modi- fication, confirm the order of the Master. R.S.O. 1897, c. 138, s. 91.

(4) If any person disobeys any order of the Master made Enforcement under this section, the Master may certify such disobedience"* order.

10 the Court, and thereupon, subject to such right of appeal, the order may be enforced in the like manner and by the like proceedings as if it were an order of the Court. R.S.O. 1897, c. 138, s. 92.

Doubtful Questions of Law or Fact.

88. — (1) Where upon the examination of a title or upon Master may an application with respect to registered land the proper for opinion Master of Titles entertains a doubt as to any matter of law he appiy"for *di- may state a case for the opinion of the Court and may name ^ha^^i'^sue. *^^ the parties to it; and where he entertains a doubt as to anyj • gg ^ gg matter of fact he may apply to the Court to direct an issue to ^■' c 87, c. matter of fact he may direct an issue to be tried for the ])urpose of determining such faots. R.S.O. 1897, c. 138, ss. 93-94; 7 Edw. VII. c. 30, s. 14. Amended.

(2)^ The practice and procedure on and incidental to a case stated or on an issue directed under this section and the right to appeal from the judgment or other determina- tion thereof shall be the same as on a special case or on an issue directed in an action. New.

(3) The powers conferred by this section shall not be exercised by a local Master of Titles except with the approval of the Inspector. New.

36

Sf*®ccfurt°^n ^^- — (-^) ^^ere any infant, idiot, lunatic, person of un- case^of^inca- sound mind, person absent from Canada, or person yet persons. unborn is interested in the land in respe'st of the title to Imp. 38 & 39 which a question arises, any person interested in the land 76! "■ ' ^' may apply to the Court for a direction that the opinion of the Court to which the case is stated under this Act shall be conclusively binding on such infant, idiot, lunatic, per- son of unsound mind, person absent from Canada, or unborn person. K.S.O. 189Y, c. 138, s. 95.

Power of (2) The Court shall hear the allegations of all parties

bind^interests appearing before it, and may disapprove altogether, or may tated'pereons. approve, either with or without modification, of the direc- imp 38 & 39 tions of the proper Master of Titles in respect to any case v., 'c. 87. a. stated as to the title of land.

(3) The Court may also, if necessary, appoint a guardian or other person to appear on behalf of any infant, idiot, lunatic, person of unsound mind, person absent from Canada, or unborn person.

(4) The Court, if satisfied that the interests of the person under disability, absent, or unborn, will be sufficiently repre- sented in any case, shall make an order declaring that all persons, with the exceptions, if any, named in the order, are to be conclusively bound; and thereupon all persons, with such exceptions, shall be conclusively bound by the decision of the Court. R.S.O. 1897, c. 138, s. 96.

Certificates of Ownership, Office Copies of Leases, and Certificates of Charge.

Loss of 90. If any certificate of ownership or office copy of a

cate, or certi- registered lease or certificate of charge is lost, mislaid, or charge? or destroyed, the proper Master of Titles, upon being satisfied le^se ^°^^ °' ^^ ^^^* fact, may grant a new certificate of ownership or I 38 & 39 ^®^® copy or certificate of charge in place of the former one. v™^c. 87. s. K.S.O. 1897, c. 138, s. 98.

Renewal of 91. The proper Master of Titles, upon the delivery up to cat^ o^r^c^erti- him of a certificate of ownership, or of an office copy of a charge"' of registered lease or of a certificate of charge, may grant a new office copy of certificate of ownership or office copy of lease or certificate of charge in place of the one delivered up. R.S.O. 1897, c.

Imp. 38 & 39 . __ _ _

v., c. 87, ■. 138, S. 99.

79.

Land certifi- 92. A certificate of ownership or certificate of charge cate'oT'^ ' shall be prima facie evidence of the matters therein con- offic?copy"of tained, and the office copy of a registered lease shall be

37

lease to be

evidence of tlie contents of the registered lease. R.S.O. evidence. 1897, c. 138, s. 100. ' 'vTo'Wl

' 80.

93. Subject to any registered estates, charges, or rights p?sTt*of 'and' the deposit of the certificate of ownership in the case of free^ ol'^offlce^copy hold land, and of the office copy of the registered lease in of lease. the case of leasehold land for the purpose of creating annp. 38 & 39 lien on the land to which such certificate or lease relates, 81'.' shall be deemed equivalent to a deposit of the title deeds of the land. E.S.O. 1897, c. 138, s. 101.

Incorporeal Hereditaments, Mining Rights and Easements.

94. — (1) The proper Master of Titles may register the ^e^istry^^o^ owner of any incorporeal hereditament of freehold tenure, ditaments. enjoyed in gross, also the owner of any mines or minerals imp. 38 & 39 where the ownership of the same has been severed from the 82! ^' ownership of the land, in the same manner and with the same incidents in and with which he is by this Act empowered to register the owner of land, or as near thereto as circum- stances admit. RS.O. 1897, c. 138, s. 102.

(2) Where an easement in or over unregistered land Registration

1 • iiiT-nr of easements

IS granted as appurtenant to registered land, the Master, when domi-

-c^ u • ^- -L 1 ^ fia-nt land

alter such examination as ne deems necessary, may enter reg-istered. such easement in the register of the dominant land with a declaration, that the title thereto is absolute, qualified or pos- sessory, or otherwise as the case may require, and shall cause to be registered in the proper registry division a certificate of such entry.

(3) Where an easement in or over registered land is Certificate of granted as appurtenant to unregistered land the Master maywlfe^n^domi- issue a certificate setting out such easement and the land to Unregistered, which it is appurtenant, which may be registered in the registry division in which the land is situate and he shall

note on the register that such certificate has been issued. 7 Edw. VII. c. 30, s. 15.

General Provisions.

95. — (1) There shall not be entered on the' register or be J^g^^^^'^^^^ig. receivable any notice of any trust, express, implied, or con- Oration, structive. 'v'"''c^*8? a

83!

(2) Describing the owner of any freehold or leasehold land '^"^"*^ or of any charge as a trustee, whether the beneficiary or ob- ject of the trust is or is not mentioned, shall not be deemed a notice of a trust within the meaning of this section, nor 9d

38

shall such description impase upon any person dealing with such owner the duty of making any enquiry as to the power of the owner in respect of the land or charge or the money secured by the charge, or otherwise; but, subject to the regis- cration of any caution or inhibition, such owner may deal with the land or charge as if such description had not been inserted.

(3) Where two or more owners are described as trustees, the property shall be held to be vested in them as joint tenants unless the contrary is expressly state'd. R.S.O. 1897, c. 138, .^. 103, par. 1; 2 Edw. VII. c. 19, s. 1.

Undivided shares.

(4) Nothing in this section shall prevent the registration of a charge given by an incorporated company for the purpose of securing bonds or debentures of the company. 9 Edw. VII. c. 26, s. 15.

96. — (1) No person shall be registered as owner of any undivided share in any freehold or leasehold land or of any charge apart from the other share or shares.

(2) The share of each owner may be stated, and where the extent of his interest appears on the register, or by the state- ment of his co-owners, he may transfer or charge his share, or he may without such statement transfer his share to his co-owners. R.S.O. 1897, c. 138, s. 103, pars. 1 and 2. annended.

' No surviv- orship."

97. — (1) Where the number of persons who may be regis- tered as the owners of the same freehold or leasehold land or charge is limited. by a Rule, a number of persons exceeding the number prescribed shall not be registered as owners of such land or charge; and if the numher of persons shewing title exceeds the prescribed number, such of them not exceed- ing the prescribed number as may be agreed upon, or as the proper Master of Titles in case of difference decides, shall be registered as owners.

(2) Upon the registration of two or more persons as ow- ners of the same land or of the same charge, an entry may, with their consent, be made on the register, to the effect that when the number of such owners is reduced below a certain specified number, no registered disposition of such land or charge shall be made, except under the order of the Court.

(3) In such a case the words "No survivorship" in the

entry shall be construed to mean that if any one of the owners

should die, no registered disposition of the land or charge

shall be made except under order of the Court. R.S.O. 1897,

c. 138, s. 103, pars. 3, 4, 5. 9a

39

98. — (1) Registered land shall be described in snch man- Description ner as the proper Master of Titles deems best calculated to secure accuracy, but such description shall not be conclusive as to the boundaries or extent of the land.

(2) No alteration shall be made in the registered descrip- tion of land, except under the order of the Court, or under section 119, or by way of explanation, or under Rules of Court; but this provision shall not extend to registered deal- ings with registered land in separate parcels, although such land was originally registered as one parcel. R.S.O. 1897, c. 138, s. 103, pars. 6, 7.

99. — (1) There may be registered as annexed to any landpf""o^^*/°joj,s which is being or has been registered, subject to general rules oj j^gg^^^g^"^^ and in the prescribed manner, a condition or covenant that land, such land or any specified portion thereof is not to be built imp. 38 & 39

. . Vc87s

on, or is to be or not to be used in a particular manner, orgi!

any other condition or covenant running with or capable of

being legally annexed to land. R.S.O. 189Y, c. 138, s. 104

(1); n Edw. VII., c. 30, s. 16 (1). |

(2) The first owner and every transferee, and every other person deriving title from him, shall be deemed to be affected with notice of such condition or covenant ; but any such con- dition or covenant may be modified or discharged by order of the Court, on proof to the satisfaction of the Court that the modification will be beneficial to the persons principally interested in the enforcement of the condition or covenant. R.S.O. 1897, c. 138, s. 104.

(3) The entry on the ree-ister of a condition or covenant Covenants

• or conditions

as running with or annexed to land shall not make it run running with with the land, if such covenant or condition on account of its nature, or of the manner in which it is expressed, would not otherwise be annexed to or run with the land.

(4 ) Where a condition or covenant has been entered on fran^g^flrs"* the register as annexed to or running with land, and a similar condition is contained in a subsequent transfer or a similar covenant is in express terms entered into with the owner of the land by a subsequent transferee, or vice versa, it shall not be necessary to repeat such condition or covenant on the register or to refer thereto, but the proper Master of Titles may, upon a special application, enter such condition or covenant either in addition to or in lieu of the condition or covenant first mentioned. 7 Edw. VII., c. 30, s. 16 (2).

100. All the provisions of The Trustee Act which are Registered not inconsistent with the provisions of this Act shall apply within Rev.

Stat. c. 129. 90

40

Imp. 38 & 39 to land and charges registered under this Act, but this en- 85.' ^' ' ' actment shall not prejudice the applicability to such land and charges of any provisions of that Act relating to land or choses in action. E.S.O. 1897, c. 138, s. 105.

Indemnity of 101. ]!^either the Master of Titles, nor any Local Master Titles. of Titles, or any person acting under their authority, or

Imp. 38 & 39 under any order of Court or general rule, shall be liable to 86 ^' ' ^ any action, suit, or proceeding for or in respect of any act or matter bona fide done or omitted to be done in the exer- cise or supposed exercise of the powers conferred by this Act, or of any such order or general rule. R.S.O. 1897, c. 138, s. 106.

Instruments need not he Sealed.

tramrfers ^"*^ 102. Notwithstanding the provisions of any statute, or may be any rule of law, any charge or transfer of land registered

made without > t/ o ^ o

seal. under this Act may be duly made by an instrument not

under seal, and if so made, the instrument and every agree- ment, stipulation and condition therein shall have the same eifect for all purposes as if it were made under seal. R.S.O. 1897, c. 138, s. 107. Amended.

Married Women.

Execution of 103. A married woman shall for the purposes of this

mstruments a ^ -, if i t i«ji.i

by married Act be deemed a feme sole, and may execute without seal ^° ■ any bar of dower or other instrument required under ttis

Act. R.S.O. 1897, c. 138, s. 108.

Persons under Disability.

Where any 104. — (1) In case any person who, if not under disability minor or might have made any application, given any consent, or ^rdian, done any act, or been party to any proceeding under this etc., may ^^^^ -^ ^^ infant, an idiot, or a lunatic, the guardian of tlie Imp. 38 & 39 infant, or committee of the estate of the idiot or lunatic, v^. c. 87. a jjjay niake such application, give such consent, do such act, and be party to such proceedings as such person, if free from disability, might have made, given, done or been party to, and shall otherwise represent such person for the pur- poses of this Act.

Official (2) If the infant has no guardian, or the idiot or lunatic

act if no has no committee of his estate, or if a person yet unborn ete^r or^Mas- is interested, the official guardian shall act with like power, Snt^som^^' or the proper Master of Titles may appoint a person with like person. power to act for tte infant, idiot, lunatic, or person yet un-

born. R.S.O. 1897, c. 138, s. 97.

41

Plans.

105. — (1) Where land is surveyed and subdivided for Plan of lots the purpose of being sold or conveyed in lots by reference by plan to be to a plan which has not been already registered, the person '■®^^^^^^® making the survey and subdivision shall register in the proper Land Titles Office a plan of the land on a scale of not less than one inch to every four chains.

(2) The plan shall show in black India ink the number Jft""mber

f\ 1 • • -in 1 1 to be shown.

of the township, city, town or village lots and range or con- cession as originally laid out, and all the boundary lines thereof within the limits of the land being subdivided, fexcept where such plan is a subdivision of a lot or lots on a former plan, in Which case it shall show in ink of another colour the numbers or other distinguishing marks of the lot or lots subdivided and by broken lines the boundary lines thereof.

(3) The number or other distinguishing mark, and the ^^^^j^*^*^ *^ width both front and rear shall be marked on each lot of the |nd scale subdivision in black India ink, the scale shall also be marked

on the plan, and such information as will show the depth of the lots and the courses of all the boundaries of or the divi- sion lines between the same, and the governing line or lines to which such courses are referred shall also be indicated.

(4) The position of all the posts or monuments, if any, ^^^

or

monuments.

planted by the surveyor, or of other objects marking the boundaries of any of the lots or the corners thereof shall also be shown.

(5) The plan shall also show all roads, streets, railway Roads, raii- lands, rivers, canals, streams, lakes, mill-^ponds, marshes or ^cf **' ^^^^^'^ other marked topographical features within the limits of the

land so subdivided, together with such other information as is required to show distinctly the position of the land.

(6) On every such plan the lots shall be so described and t^Vave^ime designated by numbers, letters or words, that there shall number, not be more than one lot on such plan descr'ibed and desig- nated by the same nuniber, letter or word, notwithstanding

that the lots are on different sides of the same street or on different streets or in different blocks, and wiiere the desig- nation is by numbers the lots shall be numbered consecu- tively.

(7) The plan shall also show distinctly w'hat land is being Jhauand is laid out thereby, and shall by proper colouring distinguish ^***^ °^^ such land from all other land shown on the plan, but not in

fact laid out thereby, and the last mentioned land shall be shown uncoloured.

6-96

42

Mounting and size of plan.

(8) The plan shall be mounted on stiff pasteboard of good quality, and when it exceeds thirty inches in length by twenty-four inches in width shall be folded so as not to ex- ceed that size, and no such plan shall be less than twenty- four inches in length or twelve inches in width.

by own^^^ (9) .The plan before being registered shall be signed by b"*^iwid^^^'^ the person or the chief officer of the corporation by whom or surveyor. on whose behalf the same is deposited, and shall be certified by an Ontario Land Surveyor in the prescribed form.

Master may require ex- planation.

(10) The proper Master of Titles, before filing the plan, may require evidence to be given explaining any seeming' discrepancy between the measurements on the plan and the description of the land in the register, or may require evi- dence respecting any other matter of which he requires ex- planation. New.

See 10 Edw. VII., c. 60, s. 80.

Delivery of plans to municipal treasurers.

(11) Every person who deposits a plan of any survey or subdivision of land made by such person for the purpose of selling or conveying the same in lots, or of any alteration of a previous survey or subdivision, shall at the same time deposit a duplicate of such plan, and the Master shall endorse thereon a certificate showing the number of such plan and the date when the duplicate original thereof was filed with him, and the same shall be delivered by the Master to the treasurer, or assessment commissioner of the local muni- cipality in which the land is situate upon request and with- out fee.

(12) The Master shall not file or register any plan unless and until a duplicate thereof is deposited in accordance with the provisions of subsection 11. K.S.O. 1897, c. 138, s. 109.

JJ5?i%3ln 106.— (1) In cases not provided for by section 105, the

tered in^^^^" P^^P^^ Master of Titles may require a person applying for

certain registration to deposit a plan of the land, with the several

measurements marked thereon, certified by an Ontario Land

Surveyor, and as many counterparts as may be required, upon

one of the following scales : —

Rules 50 and 51 made un- der Imp. Act 38 and 39 V.,

(a) If the land, or the part thereof proposed to be transferred or dealt with, is of less area than one acre, the plan shall be on a scale not less than one inch to two chains;

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43

«

(h) If the land, or the part thereof proposed to be transferred or dealt with, is of greater area than one acre, but not exceeding five acres, the plan shall be on a scale not less than one inch to five chains ;

(c) If the land, or the part thereof proposed to be

transferred or dealt with, is of greater area than five acres, but not exceeding eighty acres, the plan shall be on a scale not less than one inch to ten chains ;

(d) If the land, or the part thereof proposed to be

transferred or dealt with, is of greater area than eighty acres, the plan shall be on a scale of one inch to twenty chains.

(2) The owner sihall sign the plan and verify its accur- acy before some person authorized under section 132.

(3) If the owner neg'lects or refuses to comply with such requirements, the Master may refuse to proceed with the registration of the transfer or dealing.

(4) Subsequent subdivisions of the same land may be delineated upon a duplicate of the plan so deposited, if the scale upon which it is dravrai permits of that being done in conformity to the provisions of subsection 1; and the accuracy of the delineation of each such subdivision shall be certified and verified in the manner prescribed by sub- sections 1 and 2.

(5) Where the land of which a plan is directed to be deposited includes parts of different subdivisions, the plan shall represent the whole of each subdivision and shall indi- cate the location of the land to be transferred ; but this shall not be necessary in the case of lots in a city, town or village, the plan of which has been registered, unless the Master otherwise directs.

See Kules Ko. 67.

107. In case a plan of subdivision lays out any portion pian of of the land as a street, road, lane or common, it shall not be i|.nT^'or°^^' registered unless on the ^plication of the owner of the land common, subdivided, with the consent in writing of all persons who are registered as mortgagees or chargees thereof. Vide RS.O. 1897, c. 136, s. 102 (4).

108. All instruments affecting the land or any part inatruments thereof lodged with the proper Master of Titles after a plan "o^m to""

99

plan.

u

Filing plans with roads less than 66 feet in width.

is registered, shall conform and refer thereto, or registration shall not be had thereunder, unless the Master under special circumstances deems it proper to accept the same. New.

109. 1^0 plan upon which a road, street or highway less than 66 feet wide is laid out shall be registered unless and until the assent of the proper municipal council is registered therewith where such assent is by law necessary, and no plan upon which a street, road or lane is laid out shall be filed in any such office unless there is filed therewith the approval of the proper municipal council or unless such plan is ap- proved by a Judge of the County or District Court of the county or district in which the land lies, where the same is not in the County of York or City of Toronto, or by the Master of Titles where the land is in the County of York or City of Toronto, after notice in each case to the proper municipal council. K.S.O. 189Y, c. 138, s. 110; 8 Edw. VIL, c. 38, s. 1.

110. — (1) "No plan, although registered in an office of Land Titles, shall be binding on the person registering the same, or upon any other person, unless a sale has been made according to such plan ; and in all cases amendments or alter- ations thereof may be ordered to be made at the instance of the person registering the same or his assigns,

(a) By the High Court, or by a Judge thereof,

(h) Where the land is not in the County of York or City of Toronto, by a Judge of the County or District Court of the county or district in which the land lies, or

(c) Where the land is in the County of York or City of Toronto by the Master of Titles,

if on application for the purpose duly made, and upon hear- ing all persons concerned, it is thought just so to order, and upon such terms and conditions as to costs and otherwise as may be deemed just and expedient.

(2) An appeal shall lie from any such order to the Court of Appeal. RS.O. 189Y, c. 138, s. 111.

Transfer of 111. Where all the lots on any plan of subdivision re-

registry gistered in a registry office are registered under this Act,

offices. ^-j^^ proper Master of Titles may require the Registrar to

deliver the plan to him to be registered in his office ; and the

Registrar shall thereupon deliver the same, taking a receipt

therefor. R.S.O. 1897, c. 138, s. 112.

Plan not binding unless sale made accord' ing to it.

Amendment of plans.

45

Notices.

112. — (1) Every person whose name is entered on the -^-'^'ir®^'' °' register as owner of freehold or leasehold land or of a charge, register, or as cautioner, or as entitled to receive any notice, or in any imp. 38 & 39 other character, shall furnish a place of address in Ontario, si'. and may from time to time substitute some other place of address in Ontario for that originally furnished.

(2) If any such person fails to furnish a place of address for service, a notice sent by post addressed to such person at the place named in the registered instrument under which he claims, as his place of residence, shall be sufficient, unless the proper Master of Titles otherwise directs. R.S.O. 1897, c. 138, s. 113.

(3). Every notice by this Act required to be given to^®^*^ "' any person shall be served personally, or sent by registered 30 *. 39 post directed to such person at the address or last address, v., c. 87. & as the case may be, furnished, and unless returned, shall be deemed to have been received by the person addressed within such period, not less than seven days exclusive of the day of posting, as may be prescribed. R.S.O. 1897, c. 138, s. 114.

(4) The envelope containing any notice under this Act ]^o\^"^ ^y' shall have printed thereon the words " Office of Land Titles," ?^5'°3*8°l' 39 and a request in the prescribed manner for the return thereof v.. c. 87, s. to the ofiice of Land Titles, in case the person to whom the

notice is addressed cannot be found.

(5) On the return of any envelope containing any notice, the Master shall act in the matter requiring the notice to be given in tljie manner prescribed. R.S.O. 1897, c. 138, s. 115.

113, A purchaser for valuable consideration when regis- f^/'^l^f^^

tered shall not be affected by the omission to send any notice ^2} . . ^

• 3iir6ct6ci oy

by this Act directed to be given, or by the non-receipt thereof, omission to

R.S.O. 1897, c. 138, s. 116. '^"^ "f '*="••

' ' Imp. 38 &

39 v., c. 87,

Specific Performance.

114. — (1) Where an action is instituted for the specific JJ,°J5[^'jn°ac- performance of a contract relating to registered land, or a "on for^ spe- registered charge, the Court having cognisance of the action ance. may by such mode as it deems expedient, cause all or any per- imp. 38 a 39 sons who have registered estates or rights in the land orgs! *^' ' *" charge, or have entered notices, cautions or inhibitions against the same, to appear in the action, and shew cause why the con- tract should not be specifically performed; and the Court may direct that any order made by the Court in the action shall be binding on such persons or any of them. R.S.O. 1897, c. 138, s. 117.

46

tio?"for 8pe- (^) "^^^ costs awarded to any person so appearing may, cific perform- if the Court SO Orders, be taxed as between solicitor and ^™'** client. R.S.O.J897, c. 138, s. 118. Amended.

Imp. 38 & 39 ' '

v., c. 87, 8.

94.

Rectification of the Register.

me^nt'^o^f^'ad- H^- Subject to any estates or rights acquired by regis- verse title tration in pursuance of this Act, where any Court of com- petent iurisdiction has decided that any person is entitled

ImD 38&39 • • • " L

v., c. 87. to any estate, right, or interest in or to any registered land ®" ^^' or charge, and as a consequence of such decision the Court

is of opinion that a rectification of the register is required, the Court may make an order directing the register to be rectified in such manner as may be deemed just. R.S.O. 1897, c. 138, s. 119.

90,

if'e&ister to 116. Subject to any estates or rights acquired by regis- under order tration in pursuance of this Act, if any person is aggrieved by any entry made, or by the omission of any entry from the v!!'^'c.^^8f. ^l register, or if default is made or unnecessary delay takes place in making any entry in the register, any person aggrieved by such entry, omission, default, or delay, may apply to the Court in the prescribed manner for an order that the register may be rectified ; and the Court may either refuse the application with or without costs to be paid by the applicant, or may, if satisfied of the justice of the case, make an order for the rectification of the register. R.S.O. 1897, c. 138, s. 120.

Master^ to^ 117. The Master of Titles and the Local Masters of Titles of court shall obey the order of any competent Court in relation to Imp. 38 & 39 any registered land, on being served with the order or an 97.' ''• *^' *"ofiice copy thereof. R.S.O. 1897, c. 138, s. 121.

Cancellation of fraudu- lent entries.

118. — (1) Upon the conviction under this Act, or under the Criminal Law of Canada, of any -person for an offence whereby such person fraudulently procured an entry on the register by reason of which any person other than the right- ful owner has become the registered owner of land, or by reason of which land under this Act has been wrongfully incumbered, the proper Master of Titles, on the application of the rightful owner, may cancel such wrongful entry and may enter the rightful owner as the registered owner of the land.

Where land

has been

transferred

to

innocent

holder.

(2) If while the wrongful entry was subsisting on the register any innocent person has been registered as the owner of any charge upon, or any estate, right or interest in the land, the Master, instead of cancelling the wrongful

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entry maj make an entry on the register stating the, fact of the conviction and revesting the land in the rightful owner subject to such charge, estate, right or interest, and the land shall thereupon be vested in the person named in such last mentioned entry in accordance V7ith the terms thereof.

(3) This section shall apply to past as well as future cases. 1 Edw. VII., c. 16, s. 1.

119. — (1) The proper Master of Titles may sua sponge Entry of

. • . . c£iution by

and without affidavit enter a caution to prevent the dealing Master in with any registered land when it appears to him that an error errof.^ has been made in any entry by mis-description of such land, or otherwise.

(2) Subject to the rules the Master, before the receipt correction of of any conflicting instrument, or after notifying all persons interested, upon such evidence as appears to him sufficient,

may correct errors and supply omissions in certificates of ownership or of charge, or in the register, or in any entry therein, and may call in any outstanding certificate for that purpose. RS.O. 1897, c. 138, s. 122.

(3) Where the Master under this section restores to the Restoration register any covenant or condition he may do so with such or conditions modifications as he deems advisable so as to do the least sation there- possible injury to the persons aifected by their omission, or'°''

by their restoration, and upon notice to the Attorney-General for Ontario, at the same time or subsequently may determine what damages, if any, shall be paid to any of the persons claiming to have been injuriously affected by the omission of the covenants or by their restoration. 2 Edw. VII., c. 19, s. 2.

\

120. Where land has been registered under this Act, and Jr/Jrs" n" °' the Minister of Lands, Forests and Mines under The Public ^^^f^^^^^f^^^^ Lands Act directs an incorrect ^patent to be cancelled and a Rev. stat. c. correct one to be issued in its stead, the proper Master of

Titles, upon receipt of the subsequent patent, if no conflict- ing instrument has been received, shall amend the entry on the register to accord with the amending patent, or if a con- flicting instrument has been received, the Master, after noti- fying all persons interested, may make such amendment. RS.O. 1897, c. 138, s. 123.

Fraud.

121. Subject to the provisions of this Act with respect to fisposuionV registered dispositions for valuable consideration, any dis- ^ ,o - „„

•• e 1 t i> 1 TTi»i«i»» Ir"P- 38 & 39

position of land or of a charge on land which, if unregis-v.. c. 87, «. »6

48

tered, would be fraudulent and void, shall, notwithstanding registration, be fraudulent and void in like manner. R.S.O. 1897, c. 138, s. 124.

Certain

fraudulent

acts

declared

to be

offences.

100.

122. — (1) Any person who fraudulently procures, attempts to fraudulently procure, or is privy to the frau- dulent procurement of any entry on the register, or of any erasure from the register or alteration of the register, shall v"^c^87* '' ^® ^ilty of an offence under this Act, and upon conviction shall be liable to imprisonment for any term not exceeding two years, with or without hard labour, or to be fined such sum not exceeding $1,000 as the Court before which he is tried may adjudge.

(2) Any such entry, erasure, or alteration shall be void as between all parties or privies to the fraud. R.S.O. 1897, c. 138, s. 126. Amended.

See The Criminal Code, ss. 175 and J^20, as to the fraudu- lent registration of titles and making false affidavits.

ASSURANCE FUND.

Assurance fund.

Assurance fund, how constituted.

123. — (1) An Assurance Fund shall be formed for the indemnity of persons who may be wrongfully deprived of land or some estate or interest therein by reason of the land being brought under the provisions of this Act, or by reason of some other person being registered as owner through fraud, or by reason of any misdescription, omission, or other error in a certificate of ownership or of charge or in any entry on the register. R.S.O. 1897, c. 138, s. 130 (1).

(2) In order to constitute such fund, there shall be pay- able on the first registration under this Act of any land with an absolute or qualified title, in addition to all other fees a sum equal to one-fourth of one per cent, of the value of the land apart from the buildings or fixtures thereon, and one- tenth of one per cent, of the value of the buildings and fix- tures, and with a possessory title one-eighth of one per cent, of the value of the land apart from the buildings or fixtures thereon, and one-twentieth of one per cent, of the value of the buildings and fixtures. 3 Edw. VII., c. 12, s. 5.

(3) Where the sum to be paid under the foregoing pro- vision does not amount to $1, the amount payable shall be $1. 3 Edw. VII., c. 12, s. 5.

(4) Subject to the rules, money payable under subsections 2 and 3 shall be paid into Court, with the privity of the Accountant of the Supreme Court, and shall be placed to

49

the credit of an account to be intituled "Assurance Fund under the Land Titles Act," and subject to the provision of subsection 5, shall be invested from time to time under the direction of the Court, and the interest or income derived therefrom shall be credited to, the same account. R.S.O. 189Y, c. 130, s. 130 (3).

(5) All money paid under this section, and in Court at the credit of the "Assurance Fund " and all money hereafter payable under this section shall, on his demand, be paid to the Treasurer of Ontario. 10 Edw. VII., c. 61, part.

(6) Where the amount to be paid into the assurance fund is not more than $10, no fee shall be payable for a direction to the bank to receive the same, and where such amount is payable in respect of a proceeding before a Local Master of Titles, the person desiring to pay the same may, at his own risk, transmit the amount by a money order, payable to " The Accountant of the Supreme Court at Toronto," in a registered letter addressed to the Accountant, together with a requisition in the prescribed form.

(T) Subject to the rules the value of the land shall be valuation ascertained by the oath of the applicant, unless the proper iknd'^by Master of Titles dispenses therewith. applicant.

(8) Subject to the rules, if the oath of the applicant i» Master may dispensed with, or if the Master is not satisfied as to the valuation, correctness of the value stated by the oatli of the applicant

or of any other person, he may require the affidavit or cer- tificate in that behalf of a sworn valuator ; and such affidavit or certificate shall be conclusive.

(9) The expense of obtaining such valuation or certificate as allowed by the Master shall be paid to the Master by the registered owner, before any dealing with the land is regis- tered. R.S.O. 189Y, c. 138, s, 131.

(10) The Master may require any applicant for registra- Expenses of tion to indemnify the Assurance Fund against loss by a bond ^^^"^^*°°' or covenant to His Majesty, either with or without sureties

or by such other security as he considers expedient. R.S.O. 1897, c. 138, s. 130 (3-Y). Amended.

(11) It shall not be necessary that the assurance fees pay- EJiection to able on first registration be then paid, but if not then paid for assur- the same shall be a charge on the land, and the amount with m&ie """^^ interest at 5 per cent, compounded annually shall be stated charge.

in the entry of ownership to be a charge on the land, and

7-96

60

Proviso.

110 subsequent transfer or charge of the land or any trans- mission thereof, or any part thereof, shall be registered, ex- cept as is in this section provided, until the amount of such charge shall have been paid into the Assurance Fund and proper proof of such payment furnished to the Master, but this subsection shall not apply to cases coming within sub- section 12.

Remedy of person wrongfully deprived of land.

(12) Tn the case of land situate in any of the Provisional Judicial Districts where the letters patent or a certified copy of the order in council granting the land has been forwarded to the Local Master of Titles for the purpose of registration, and the amount payable into the Assurance Fund is not paid, a note shall bo made on the register and on the certificate that the land is liable to pay the assurance fee, and no subsequent transfer or charge of the land or any transmission thereof shall be registered until such assurance fee, namely, a sum equal to one-fourth of one per cent, of the value at the time of payment of the land apart from the buildings or fixtures and one-tenth of one per cent, of the value of the buildings erected on or affixed thereto before the first registration thereof, but not in any case less than one dollar in respect of any parcel, is paid. E.S.O. 1897, c. 138, s. 171 (2) ; 6 Edw. VII., c. 19, s. 20 (2). Amended.

(13) Where land is sold for taxes, or upon the winding Tip of a company, or under execution, or under the order of a Court, the Master may register the new immediate ownership subject to such charge, and where part of a parcel is so sold or is expropriated he may, upon proof of payment of the proportion of such assurance fund charp-p which he deems to be fairly attributable to the part so sold or expro- priated, note in the register the fact of such payment in re- spect of the land so sold or expropriated, and enter that part as free of the charge.

(14) Where land exceeding 400 acres is entered in one parcel the Master, upon a transfer of part of such parcel, may, in like manner, allow payment of a proportionate part of the assurance fees and enter the part transferred free of the charge. 3 Edw. VJl., c. 12, p. 6, amended: 7 Edw. VTL, c. 30, s. 21, amended.

124, — (1) Any person wrongfully deprived of land, or of some estate or interest therein, by reason of the land being brought under this Act, or by reason of some other person being registered as owner through fraud or by reason of any misdescription, omission or other error in any certificate of ownership or charge, or in any entry on the register, shall be entitled to recover what is just, by way of compensation

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or damages, from the person on whose application the erroneous registration was made, or who acquired the title through the fraud or error. K.S.O. 1897, c. 138, s. 132 (1) ; 7 Edw. VII., c. 30, s. 18.

(2) Subsection 1 shall not render liable any purchaser or mortgagee in good faith for valuable consideration by reason of the vendor or mortgagor having been registered as owner through fraud or error, or having derived title from or through a person registered as owner through fraud or error, whether the fraud or error consists in a wrong description of the property or otherwise.

(3) If the person so wrongfuUy deprived is unable by such means or otherwise to recover just compensation for his loss, he shall be entitled to have the same paid out of the assurance fund, so far as the fund may be suificient for that purpose having reference to other charges thereon, if the application is made within six years from the time of • having been so deprived; or, in the case of a person under the disability of infancy, lunacy or unsoundness of mind, within six years from the date at which the disability ceased.

(4) The liability of the, fund for compensation and the amount of compensation shall, subject to appeal as in other cases, be determined by the Inspector, unless the Court or the inspector on application directs some other way of ascer- taining and determining the same.

(5) The costs of the proceedings shall be in the discretion of the Court or of the inspector.

(6) Any sum paid out of the assurance fund may after- wards for the benefit of the fund be recovered by action in the name of the Inspector, from the person on whose applica- tion the erroneous registration was made, or who acquired the title through the fraud or error or from his estate and the Inspector's certilicate of the payment out of the assurance fund shall be sufficient proof of the debt, but where the erroneous registration was made or the title acquired by mere error and without fraud, credit shall be given for any sum which such person may have paid into the assurance fund. K.S.O. 1897, c. 138, s. 132 (2-5). Amended.

(7) Where a registered disposition would, if unregis-imp. Act. tered, be absolutely void, or where the eft'ect of the error S.'^'Sb ^" would be to deprive a person of land of which he is in pos-®* "^ ^^^" session, or in receipt of the rents and profits, the Inspector

may in the first instance or after a reference to the Court

96

o??egisten" tl'irect tlie rectification of the register, and in case of such rectification the person suft'ering by the rectification shall be entitled to the compensation provided for by this section. 7 Edw. VII., c. 30, s. 17.

Valuation of mining lands where com- pensation claimed out of assurance fund.

125. — (1) Where any person makes a claim upon the assurance fund for compensation in respect of land patented as mining land or in respect of any land the chief value of which consists in the ores, mines or minerals therein and it appears that such person is entitled to recover in respect of such land or of some interest therein, in determining the amount of compensation to be paid to such person the entire value of the land shall not be taken at a greater sum than eight hundred times the amount of the fees paid into the assurance fund in respect of the land, either in the first in- stance or under the provisions of section 126.

Additional payments into fund by trans- feree, etc.

(2) Where such fees or some part thereof were paid into the fund in respect of other land in addition to that for which a claim is so made without it appearang what amount was paid in respect of the particular parcel of land with refer- ence to which the claim is made, the fees so paid, or the portion thereof as to which the fact may not appear to be otherwise, shall be deemed to have been paid pro rata in accordance with the acreage or other superficial contents of the whole parcel or of the various parcels in respect of which the fees were paid. RS.O. 1897, c. 138, s. 133.

126. — (1) Where any person taking a transfer or charge of any land coming within the provisions of the next pre- ceding section is of the opinion that a value to be determined under such section would not furnish a fair basis for com- pensation in case of loss he may with the privity of the proper Master of Titles pay into Court to the credit of the assurance fund such further sum as shall with the amount previously paid into the assurance fund in respect of such land make up one-fourth of one per cent, of the value of the land at the time of making the payment, such value to be determined in the manner provided by section 123.

(2) No such additional payment shall be made except by special leave of the Master, unless the same is made within three months after the registration of the transfer or charge under which such person claims.

(3) !No such payment shall affect the valuation of the land where the error which gives the right to compensation was committed before such payment was made. R.S.O. 1897, c. 138, s. 134.

>8

I

58

(4) Where any additional payment is made under this ^I^ *j° ^® section, the Master shall enter a memorandum of the particu- additional lars thereof in the margin of the entry of ownership, and shall in such entry show the total amount which has been paid into the fund in respect of such land. R.S.O. 189Y, c. 138, s. 135.

127. — (1) ]^o person shall be entitled to recover out of No claim to

^1 J? 1 x- ^1 compensa-

the assurance lund any compensation where tion from

assurance fund.

(a) The claim is founded upon a right existing at the^®^^ ^^^^ time of the first registration of the land and the registered

could hfl,vp

state of the title of the land at that time was conveyed such that the person who was first registered, or purchaser the person on whose nomination or authorization ^thout"^ such registration was made by a duly registered notice, conveyance could have conferred, as against the proviso claimant,^ a valid title to a purchaser in good faith for valuable consideration without notice of any defect in the title; and no sufficient caution had been registered and was in force when the application for first registration was made or a patent was forwarded for registration j^g^ and the proper Master of Titles had not actual ^®^'^^^ g^ notice of the defect prior to the first registration; isss. s. 53.'_

(6) The claimant by direction of the Master or in Where

accordance with the practice of the office had h^d^mitice been served with a notice of the proceedings tion^pfo-*'^*" being had in the office, whether such proceed- ^®®*^^"s^- ings were prior or subsequent to first registration and failed to appear in accordance with the re- quirements of the notice; or if the Master had adjudicated against him and he had failed to prosecute successfully an appeal against the Master's decision;

(c) The claimant has caused or substantially contri- where

buted to the loss by his act, neglect or default negligence and the omission to register a sufficient caution, fo^|. caused notice, inhibition or restriction to protect a mort- jj^jp ^^^ gage by deposit or other equitable interest or any ^^"L^g* ^ . unregistered right, or other equitable interest or subs. ' 3. any unregistered interest or equity created under section 68 or otherwise shall be deemed neglect within the meaning of this clause.

(2) In this section "Claimant" shall include the per- son actually making the claim and any person through whom 99

54

he claims who he alleges was wrongfully deprived of land or of some estate or interest therein. 3 Edw. VII., c. 12, s. 1.

128. — (1) The Treasurer of Ontario on receipt of the money paid to him under subsection 5 of section 123 shall issue to the Accountant of the Supreme Court in trust, Ontario Government Stock to an amount equal to the sum so received, and such stock shall represent the assurance fund and be available for the same purposes.

(2) The stock shall be payable or redeemable at such time and shall be subject to such conditions as to inscription, registration and transfer as the Lieutenant-Governor in Council may deem advisable, and shall bear interest at the rate of two and one-half per centum per annum.

(3) The stock, together with the interest thereon shall be charged upon and paid out of the Consolidated Kevenue Fund.

(4) All sums which 'become payable out of the assurance fund shall to the extent, but not exceeding the amount, of such fund be paid by the Treasurer of Ontario to the per- sons entitled thereto, out of the Consolidated Revenue Fund, on the production of an order of the Court or a Judge authorizing or directing the payment to be made or of a certified copy thereof, and the sums so paid out shall be credited as payments on account of the stock in the hands of the Accountant, and t)ie amount thereof shall be reduced accordingly. 10 Edw. VIL, c. 61, s. 1, part.

Application to withdraw registered land.

WITHDRAWING LAND FROM THE REGISTRY.

129. — (1) Where, after land has been registered, special circumstances appear, or subsequently arise, which make it inexpedient that the land should continue under this Act, the owner may apply in the prescribed manner to the proper Master of Titles for the withdrawal of the land from the Act.

Certificate by Master.

(2) If the owner proves before the Master that all per- sons interested in the land proposed to be withdrawn, con- sent to its withdrawal, and satisfies the Master that special circumstances exist which render the withdrawal of such land or a part thereof expedient, the Master may issue his certificate describing the land or such part thereof as the consent covers and as the Master deems proper, in such a manner that the certificate can be properly registered in the registry office for the registry division in which the land is situate, and upon the certificate being issued this Act shall

98

65

cease to apply to the land described therein, and the land shall thereafter be subject to the ordinary laws relating to real estate and to the registry laws.

(3) The certificate of a Local Master under this section AppUcation shall not be valid unless approved and countersigned by the Inspector.

of section.

(4) Upon the production of the certifiicate to the registrar ^^egi^stratjon^ of deeds and payment of a fee of $1, the same shall be duly registered. RS.O. 1897, c. 138, s. 136.

(5) This section shall not apply to land registered under section 159.

ADMINISTRATION AND MISCELLANEOUS. t

0-fflce of Land Registry.

130. There shall be a seal for every office of Land Titles. fflfJe"' R.S.O. 1897, c. 138, s. 137. imp/ss&sD

' ' v., c. 87.

s. 107.

131. The Inspector shall prepare and cause to be printed fJamrand and promulgated, such forms and directions as he may deem fo°m."^^^*^ requisite or expedient for facilitating proceedings under this imp. 38 & 39 Act. R.S.O. 1897, c. 138, s. 138.

132. The proper Master of Titles, or any officer of the tion^oi ^ '"^ office of Land Titles authorized by him in writing, or any °^*'^^- pe?"Son authorized for a like purpose under The Registry yji^*^^' gQ Act, may administer an oath for any of the purposes of this

Act. R.S.O. 1897, c. 138, s. 139. ,

133.— (1) The proper Master of Titles in any applica- ^J^i^^siuons^^ tion made to him may act upon depositions or examinations special taken before; any of the special examiners appointed by the may be Court, who may administer the requisite oath to any person Master of whose deposition or cross-examination the Master has re- ''^*^^^- quested such ei-aminer to take, and any such deposition or examination may be taken in shorthand, and any viva voce evidence given before the Master may be taken down by a sworn shortliand writer if the examining party so desires. RS.O. 1897, c. 138, s. 140.

(2) Th" Master may name the witnesses to be examined or he may request the examiner to take the examination of all witness ^s produced by any named person or persons or of any class of witnesses. New.

9a

66

MaTfer°to ^^^. — (1) The proper Master of Titles, "by summons Under

summon the Seal of his office, may require the attendance of all sutfh Imp. 38 & 39 persons as he may think fit in any application made to him ■' ■ ■ and may in the summons require any person to produce for in- spection any document, deed, instrument or evidence of title to the production of which the applicant or any trustee for him is entitled. RS.O. 1897, c. 138, s. 141 (1) ; 2 Edw. VIL, c. 19, s. 3.

(2) He may also, by a like summons, require any person having the custody of any map, plan,, or book made or kept in pursuance of any Statute to produce such map, plan, or book for his inspection.

(3) He may examine upon oath any person appearing before him ; and he may allow to every person summoned by him reasonable charges for his attendanca

(4) Any charges allowed by the Master under this section shall be deemed to be charges incurred in or about proceed- ings for registration of land, and may be dealt with accord- ingly.

(5) If any person disobeys any order of the Master made under this section, the Master may certify such discybedience to the Court; and thereupon such person may be punished by the Court in the same manner as if the order were the order of the Court. RS.O. 1897, c. 138, s. 141 (2-5).

ance^or*"*^' (6) If any person, after the delivery to him of the sum- refusai to mous, or of a copy thereof, wilfully neglects or refuses to questions. attend in pursuance of the summons or to produce such map, Imp. 38 & 39 deed, instrument, evidence of title, plan, book, or other docu- s.''ii'o. ^' ment or to answer upon oath or otherwise such questions as

may be lawfully put to him by the Master, he shall incur ^ vii^^^'37 penalty not exceeding $50, recoverable under The Ontario

Summary Convictions Act.

(7) 'No person shall be required to attend in obedience to any summons, or to produce documents unless the fees and allowances for his attendance ih accordance with the tariff of the Court are paid or tendered to him. R.S.O. 1897, c. 138, s. 142.

Certificates 135. The treasurer of the proper municipality upon pay- 4 Edw. vii., ment of the fee prescribed by section 130 of The Assessment ^' ^^' Act, shall furnish to any person requiring the same in

respect of land registered or with reference to which an appli- cation for registration is pending, a certificate of payment of taxes, charges, rates and assessments, in the prescribed

96

67

form, or as nearly corresponding^ thereto as tlie information given by his books of office will allow, and the certificate shall be binding upon the municipality. R.S.O. 1897, c. 138, s. 143.

136. — (1) In case of the illness or absence of the Master Appointment of Titles or of a Loc'al Master, or for any other cause, the of Master. Lieutenant-Governor in Council may appoint a person to act as the i)eputy pro teinpo7-e of the Master or Local Master, and such Deputy, while so acting, shall have all the powers of the Master or Local Master for whom he is appointed Deputy.

(2) A person may be appointed under this section who shall have power to act from time to time. R.S.O. 1897, c. 138, s. 144. Amended.

(3) In case of the death of a Master the deputy may act until his authority is revoked or a Master is appointed and assumes the duties of his office. New.

Right to Inspect Registry.

137. Subject to such regulations and exceptions and to Right to the payment of such sums as may be fixed by general rules, docmnents. any person registered as owner of any land or charge, and v"P"j.^^8* ^^ any person authorized by any such owner, or by an order ^- i*^*-

of the Court, or by general rule, but no other person, may inspect and make copies of and extracts from any document in the custody of the proper Master of Titles relating to such land or charge. E.S.O. 1897, c. 138, s. 150.

Rules.

138. The Lieutenant-Governor in Council, or the Judges Power to of the Supreme Court, under the authority of sections 122 general and 125 of 2^he Judicature Act, which are to be read as ap-^^^^- plying to this Act, may make General Rules in respect of the c. 51. following matters, v^^c.^/?* ^^

s. "ill.

(a) The mode in which the register is to be made and kept;

(h) The forms to be observed, the precautions to be taken, the instruments to be used, the notices to be given, and the evidence to be adduced in all proceedings or in connection with the registra- tion, and in particular with respect to the refer- ence to counsel of any title to land proposed to be registered with an absolute title;

8-96

58

(c) The custody of any instruments coming into an

office of land titles, with power to direct the destruction of any of them where they have be- come altogether superseded by entries on the register or have ceased to have any effect;

(d) The duties which are to be performed by the Mas-

ter of Titles, the Local Masters and other officers employed; and what acts of the Master may be done by other officers;

(e) The costs to be charged by solicitors in or incidental

to or consequential on the registration of land, or any other matter required to be done for the purpose of carrying this Act into execution, with power to require such costs to be payable by com- mission, percentage, or otherwise, and to bear a certain proportion to the value of the land registered, or to be determined on such other principle as may be thought expedient;

(/) The taxation of such costs and the persons by whom such costs are to be paid ;

(g) Any matter by this Act directed or authorized to be prescribed;

(h) Any other matter or thing, whether similar or not to those above mentioned, in respect of which it may be deemed expedient to make rules for the purpose of carrying this Act into execution. RS.O. 189Y, c. 138, s. 152.

Rules (2) Rules may be made in like manner with respect to the

fees.^*^ "^ amount of fees payable under this Act, and regard may be imp^3|& 39 ^^^ ^^ ^^^ following matters I R.S.O. 189Y, c. 138, s. 152.

8. 'll2.

(a) In the case of the registration of land or of any

transfer of land on the occasion of a sale, — to

the value of the land, as determined by the

^ amount of purchase money; or to the value of

it, to be ascertained in such manner as may be prescribed ;

(h) In the case of registration of a charge or of any transfer of a charge, — to the amount of such charge. R.S.O. 1897, c. 138, s. 154.

Fee*. 139. — (1) Subject to the rules, the fees payable in respect

of such business as is analogous to the business under T%e

96

69

Registry Act, shall be the same as the fees payable to the ^^'jj^'^'^-jq Registrar under that Act; 'and all other fees and costs, whether in respect of business done bj the Master of Titles, Local Master of Titles or by other oiEficers, or by solicitors under this Act, shall be the same as nearly as may be as are payable in like proceedings in the High Court.

(2) The stamps for all fees payable on a certificate of fe^^^xed* ownership or a certificate of charge shall be affixed to the to registered

Ye 1 • n 1 transfer or

registered transier or charge and not to the certificate, and charge, all stamps payable in respect of registration shall be affixed to the instruments registered and not to the entry on the register. R.S.O. 1897, c. 138, s. 155.

Appeals.

140. Except as provided by section 110, an appeal shall ^^^*^* lie from any act, order, or decision of the Master of Titles or Piaster. a Local Master of Titles under this Act to the High Court,

and from that Court to the Court of Appeal. R.S.O. 1897, c. 138, s. 157.

141. Any person affected by an order made under this Hi*|h^cou?™ Act by the High Court may appeal therefrom to the Court ^^^ ss & 39 of Appeal within the prescribed time, and subject to the rules v., "c. 87,

in like manner as in the case of an appeal from a Divisional Court of the High Court to the Court of Appeal. R.S.O. 1897, c. 138, s. 158.

Errors in Proceedings.

X4Si. 1^0 application, order, affidavit, certificate, regis- ^roceemngs^ tration or other proceedings shall be invalid by reason of want of any mistake not affecting the substantial justice of the pro- ceeding. R.S.O. 1897, c. 138, s. 159.

Oath of Office and Security by Officers.

143. — (1) The Master of Titles, before he enters upon oath of the duties of his office, shall take and subscribe before a Judge ° °®' of the Supreme Court the oath of office in the form fol- lowing : —

I, A.B., do solemnly swear that I will faithfully, and to the best of my ability, perform the duties of the office of Master of Titles.

R.S.O. 1897, c. 138, s. 145.

(2) Every Local Master of Titles and every Deputy of the Master of Titles or of a Local Master, before he enters

96

60

upon the duties of his office, shall take and subscribe an cath of office similar to that required to be taken by the Master of Titles. New.

(3) In the case of a Local Master or of a Deputy of a Local Master, the oath may be taken before a Judge of the County or District Court. New.

(4) The oaths of office shall be transmitted to the Pro- vincial Secretary. New.

Bond of 144. Before the Master of Titles or a Local Master of

Titles enters upon the duties of his office, he shall furnish 9 Edw. VII., security in accordance with the provisions of The Public "' ' Officers' Act. R.S.O. 1897, c. 138, s. 146.

Masters. or Officers not to Act as Agents for Investors.

ifoft^ac^t^a's 145.— (1) 'No Master of Titles, officer or clerk appointed agent, etc. under this Act, shall, directly or indirectly, act as the agent

of investors. . ^ . '' "^ ' . °.

of any corporation, society, company, or person investing money and taking securities on land, or advise for any fee or reward, or otherwise, upon titles to land, or practise as a con- veyancer or carry on or transact within the office any business or occupation other than his duties as such Master, officer or clerk, or as holder of some other office under the Govern- ment of Ontario.

(2) This section shall apply to every Local Master, but as applied to him, and the officers and clerks in his office, the word " land " shall mean land within the county, city, town or district for which he is Local Master. R.S.O. 1897, c. 138, s. 149.

EXTENSION OF ACT TO OTHER LOCALITIES AND EXPENSES.

pality.

Ac°^b*°'^ °' 146. — (1) The municipal council of a county, or of a munici- city or town separated from the county for municipal pur-

poses, may pass a by-law declaring it expedient that the provisions of this Act be extended to the county, city or town.

York%ity (^) ^^^ municipal corporations of the County of York

of Toronto and City of Toronto and of any county, city or town which places where has passed or shall pass a by-law under subsection 1, shall to^ supply "^^^ provide proper fire-proof and other accommodation for an dation!"etc. officB of Land Titles ; and, so far as the expenses of the office are not covered by the fees collected thereat, the cor- poration shall pay the same, including the salary of the Master of Titles of the locality, and all necessary and pro-

«1

per books, stationery, furniture, and lighting, cleaning and heating of the office, and attendance, and other matters and things incident to the proper conduct of the business of the office.

(3) Where this Act is extended to a county which in- cludes a city or town separated from the county for muni- cipal purposes, the city or town and county shall share the expenses to be borne by the locality under this Act, in such proportions as may be determined by arbitration under The ^ ^^^ ^^^ Municipal Act, in case the councils interested do not agree c. i9.

m respect thereto. R.S.O. 1897, c. 138, s. 160.

(4) Where such a by-law has been passed, and proper prociama- accommodation has been provided either in connection with j^*^^®^,'^*!"'^" the registry office or at some other convenient place, to the municipality, satisfaction of the Inspector, and approved by the Lieuten- ant-Governor in Council, the Lieutenant-Governor may, by

his proclamation, extend the operation of this Act to such county, city, or town, from a day to be named in the pro- clamation.

(5) The fact of the conditions precedent to the issue of such proclamation having been performed shall be conclus- ively established by the issue of the proclamation. R.S.O. 1897, c. 138, s. 161.

147. — (1) Where not less than twenty ratepayers of any Extension of county in which is situate a city or a town to which the pro-^P"ct"on visions of this Act have been extended, who are owners of p®*^"^'^ °' land situate in such county of the aggregate assessed value of $400,000, petition the Lieutenant-Governor in Council for the issue of a proclamation extending the provisions of this Act to the county, and the Lieutenant-Governor in Council declares that it is expedient that the same should be so ex- tended, the provisions of section 146 shall apply to such county as fully as they would have been applicable had a by-law been passed by the council of the county.

(2) In the cases provided for by subsection 1, the Local Master shall not be entitled to be paid a salary, unless the county council passes a resolution for the payment to him of a salary to be provided by the county, but such Local Master shall be entitled to retain for his own use the fees collected upon proceedings in his office.

(3) All costs and expenses incurred in introducing the Land Titles system into the county, or incurred during one year thereafter in connection therewith, shall be paid by the petitioners.

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62

Surplus fees under 10 Edw. VII., c. 60, to be applied in defraying expenses of Land Titles Office.

(4) The owners of land which is assessed as land of non- residents shall be deemed ratepayers within the meaning of this section. 7 Edw. VII. c. 30, s. 19.

148. — Where this Act applies to a county, city or town entitled to receive money under sections 101 and 102 of The Registry Act, the registrar shall pay to the Treasurer of Ontario, to be applied, so far as necessary, in defraying the salary of the Master and other expenses of the office, the money payable either directly or indirectly, to the county, city, or town under that Act, and the Treasurer shall pay the balance to the county, city or town; and if the amount so paid to the Treasurer is not sufficient, the residue, or if nothing is payable by the registrar, the whole of such salary and expenses shall be made good to the Province by the cor- poration of the county, city or town. R.S.O. 1897, c. 138, s. 162. Amended.

LOCAL MASTERS OF TITLES.

Local

Masters of Titles ex-offlcio. 10 Edw. VIL. c. 59.

149. — (1) Where at the time of the issue of a proclama- tion under section 146 there is a Eeferee of Titles under The Quieting Titles Act, residing in the locality, such referee shall ex-officio be the first Local Master of Titles therefor, unless he practises as a barrister or solicitor, or is a Judge of the County Court, and he shall hold the office dur- ing the pleasure of the Lieutenant-Governor in Council. R.S.O. 1897, c. 138, s. 163.

Appoint- ment of Local Masters.

Qualifica- tion.

Salary.

(2) Subject to the provisions of subsection 1, the Lieuten- ant-Governor in Council may appoint a Master of Titles for any locality in which" this Act is in force, to be styled " The Local Master of Titles " for the county, city, town or district, as the case may be, who shall hold office during pleasure.

(3) The person appointed may, in the discretion of the Lieutenant-Governor in Council, be a Judge of a County or District Court, a barrister or solicitor, whether practis- ing or not, or a registrar. R.S.O. 1897, c. 138, s. 164 (1, 2).

(4) The Local Master of Titles shall be paid by salary or fees for his services in that capacity, such salary to be fixed by the Lieiitenant-Govemor in Council from time to time, with reference to the amount or probable amount of the business, on the report of the Inspector.

Rev. Stat c. 5L

(5) The Order in Council shall be laid before the Assem- bly, as provided in respect of Orders in Council under sec- tion 187 of The Judicature Act. R.S.O. 1897, c. 138, s. 164 (3); 2 Edw. VIL c. 19, s. 4.

»0

63

(6) The Lieutenant-Governor in Council may commute commuta- the fees payable to a Kegistrar of Deeds or Local Master of° Registrar of Titles, in any county or district whether both offices are Master^of held by one officer or otherwise for a fixed sum each year, Cities, provided that such sum shall not exceed the income which

such Registrar or Local Master would have derived from fees during such year, and the fees so commuted shall on or before the 15th day of January in each year be paid over to the Treasurer of the Province in the case of a district for the use of the Province, and in the case of a county or city shall be subject to such division between such county or city and the Province as the Lieutenant-Governor in Council may direct.

(7) Where such Registrar or Local Master holds office for part of a year, he or his executors or administrators shall be entitled to the just proportion of such commuted fixed sum. 10 Edw. Vli. c. 26, s. 36.

DUTIES AND POWERS OF LOCAL MASTERS.

150. Except where otherwise provided by this Act, every Master's Local Master of Titles, in respect to land situate within the Ind^duties. territory for which he is appointed, shall have all the author- ity of and perform all the duties which, in the County of York, are performed by the Master of Titles, subject to appeal in the same manner. R.S.O. 1897, c. 138, s. 165.

First Registration.

151. If, upon an application for first registration, thej^'^er to Local Master of Titles finds that the applicant, or tis [[♦^^^j^^jg nominee, is entitled to be registered, he shall sisrn a memo- etc, to

InsDGctor.

randum to that effect at the foot of the application, and shall transmit the same to the Inspector, with the deeds, evidence, and other papers before him, and a draft of the entry of ownershi]) proposed to be made.

(2) If the Inspector concurs in the opinion of the Local proceedings Master, he shall approve thereof and shall return the papers j^gpe^tor transmitted to him, and the Local Master may thereupon concurs in register the applicant, or his nominee, as owner. finding.

(3) If the Inspector does not concur in the opinion of the Proceedinga Local Master, he shall communicate his opinion to the i^^ctor Local Master and shall cause such action to be taken as he does not

• • r ^ • 1 ' • 11 concur.

deems expedient, and if his objections are not removed by 99

64

explanations or additional evidence, the applicant or his nominee shall not be registered, unless the Court on appeal, or on a case stated for its opinion, otherwise directs.

proce^ings (4) If there is a contest upon the decision of the Inspec- appeal^ tor concurring in the Local Master's opinion, registration

desired. shall be delayed for ten days to enable anvone who so desires

to appeal. RS.O. 1897, c. 138, s. 166.

f^?^firet""'^'' ■^^^- — (1) Until an Inspector is appointed, applications registration for first registration in the Provisional Judical Districts not

m districts. . • ^ •

coming withm sections 159, 160 and 162 shall be made to the Master of Titles and not to the Local Master for the district, and upon the Master of Titles finding that an applicant is entitled to be registered he shall issue his certificate to that effect to the Local Master who shall thereupon register the land in accordance with the terms of such certificate. 3 Edw. VII. c. 12, s. 7 ; 7 Edw. VII. c. 30, s. 23. Amended.

153. Sections 151 and 152 shall not apply to applications coming within sections 159, 160 and 162, or to applications for a possessory title, or for the registration of leasehold land where the freehold or other estate out of which the lease is derived is registered land, or where a declaration of the title of the lessor to grant the lease is not required. 7 Edw. VII. c. 30, s. 23. Amended.

reg^istrar of 154, — (1) Where an application is made under section when^*^ 152 the Master of Titles may request the registrar of the

required to registry division in which the land lies to transmit by regis- documents tered post, or by express, any instrument appearing on the Master. abstract, or required in connection with the application, which

the Master desires to examine.

(2) The registrar shall comply with such request and shall, with such documents, send a list of all the documents transmitted and shall retain a copy of the list.

(3) The Master shall return the documents, as soon as practicable, by registered post or by express, sending there- with to the registrar a list of all the documents so returned and keeping a copy of the list.

(4) The registrar, in addition to his usual fees for the production of a document, shall be entitled to an additional fee of 10 cents for each document transmitted as compensa- tion for his trouble in respect of such transmission, the prep- aration of the list and returning the documents to their proper files. 3 Edw. VII. c. 12, s. 8. Amended.

98

• 65 Subsequent Registration. 155. If an the apfplication for the registration of an in- submission

~ f, . . /• 1 • • (• °' case to

strument alter a nrst registration or lor the registration oi inspector a transmission, the Local Master of Titles is unable to come Master in to a clear conclusion as to the action which he should take, ^°"^** he shall delay making the required entry until he has stated the facts to the Inspector for his opinion and in submitting the case the Local Master shall state his own view and his reasons therefor. R.S.O. 1897, c. 138, s. 167.

INSPECTOR OF OFFICES OF LAND TITLES.

156. — (1) The Lieutenant-Governor in Council may ap- Appoint- point an officer, to be called " The Inspector of Land Titles' ^gpector Offices." R.S.O. 1897, c. 138, s. 168 (1) ; 7 Edw. VIL c. 30, s. 20.

(2) The Inspector shall, subject to the rules, have the like Duties, powers and duties as an Inspector under The Quieting Titles' lo Edw. Act^ and as an Inspector under The Registry Act, respec-and'sof" ^* lively, and such other duties as may be required of him by

the rules, or as he may be required by the Lieutenant-Gover- nor in Council to perform.

(3) The salary of the Inspector, his travelling expenses, salary, and all expenses of and incidental to his office, shall be paid by the Province, and shall be repaid to the Treasurer

of Ontario by the corporations of the localities in which this Act is from time to time in operation, in such proportions as after a report from the Inspector the Lieutenant-Gover- nor in Council may determine. R.S.O. 1897, c. 138, s. 168. PaH.

157. Until an Inspector is appointed, the duties of the Perform- Inspector shall be performed by the Master of Titles, or by duties" until some other person authorized by the Lieutenant-Governor ^ppP^^t"^ in Council, and the expenses of and incidental thereto shall, in like manner as is hereinbefore provided be repaid to the Treasurer. R.S.O. 1897, c. 138, s. 168. Part.

158. In all matters decided by the Inspector which are of Appeal from like character as matters over which the Master of Titles has jurisdiction in the County of York, an appeal shall lie from any act, order or decision of the Inspector to the High Court, and from that Court to the Court of Appeal. R.S.O. 1897, c. 138, s. 168. Part.

9-96

66

Letters

Patent or

Order-In-

Cbuncil

granting

lands in

certain

districts,

registration

of.

BEGISTKATION OF NEWLY PATENTED LANDS IN DISTBICTS.

159. — (1) Where any land situate in a Provisional Judi- cial District is granted bj letters patent or by order of the Lieutenant-Governor in Council, the letters patent or a cer- tified copy of the Order in Council shall be forwarded to the Local Master of Titles of the District for the purpose of the grantee being entered as the first registered owner of !hr- land, with any necessary qualifications.

(2) Subsection 1 shall not apply to land covered with the waters of Lake Huron adjacent to the Great Manitoulin Island, Cockbum Island or Fitzwilliam Island, in the Dis- trict of Manitoulin, or adjacent to any island which, in whole or in part, lies between headland and headland around such three Islands. 6 Edw. YII. c. 19, s. 20.

(3) It shall not be necessary to issue a notice in respect of a caution or adverse claim which has been lodged, if by the certificate of the Minister or Deputy Minister of Lands, Forests and Mines it appears that the claim in respect of which such caution or adverse claim was lodged was con- sidered by the Minister and disposed of before the issue of the patent ; and if before the receipt of such a certificate any proceedings have been taken by a Local Master in respect of such caution or adverse claim, he shall thereupon discontinue the same, and disallow any objection or claim founded there- on, and make such order as to costs as he deems just.

(4) Where there is no contest as to the rights of the parties the Local Master may make the requisite entry and issue his certificate; but in case of a contest, he shall trans- mit the papers to the Inspector before registering the patentee as owner, and shall otherwise proceed as provided in section 151.

(5) Where the cautioner consents to the registration of the patentee the Local Master need not issue any notice on account of such caution.

Patents demising lands for term of years declared within this section.

(6) Letters Patent from the Crown demising land, or mining rights for a term of years, or for any greater estate, granted on or after the 31st day of December, 1887, shall be deemed to have been and to be within the provisions of this section. RS.O. 1897, c. 138, s. 169 (3-6). Amended.

Registmtion 160. Where land situate in a Provisional Judicial District

patentees. ° has been patented by the Government of Canada the Local

Master of Titles shall have authority to register the patentee

67

as owner of such land and may do so without submitting his finding upon the application to the Inspector for his concur- rence. 6 Edw. VII. c. 19, s. 20 (3).

i

161. — (1) Upon an entry of ownership being made, the Notice by Local Master of Titles shall, in the prescribed form, notify i^^iff!^ *° the sheriff in whose bailiwick the land lies of the entry of the patentee as owner.

(2) The notice shall be sent by registered post, and no entry of any dealing with the land shall be made in the regis- ter until fourteen days after the mailing of the notice, unless proof is previously made that the land is not liable to any execution.

(3) The sheriff, upon receipt of the notice, ^hall forthwith transmit to the Local Master a copy of any execution in his hands affecting the land of the patentee, and if within the fourteen days no copy of an execution against the land of the patentee is received from the sheriff, the Local Master may assume that the land is not subject to any execution and may enter subsequent dealings with the land accordingly; and as against such entry no claim shall afterwards be sustained in respect of an execution against the patentee.

(4) Where the Local Master receives from the sheriff a Entry copy of an execution affecting the land, an entry thereof fl^/taxes^or shall be made against the land and all dealings with it shall execution be subject to such execution. R.S.O. 1897, c. 138, s. 172 "ceived. (1-4) ; 7 Edw. VII. c. 30, s. 22.

162. — (1) Where a patent for land is forwarded to a Registmtion

.1.- o A litslh si^ tg o

Local Master of Titles under section 159, and it is made to of patentee, appear to him that the patentee since the date of the patent has transferred the land to some other person, the trans- feree, or in case of a further transfer or transfers the ultimate tansferee of the land, shall be entered as the first registered owner, and shall be described as the transferee of the patentee or otherwise according to the fact. R.S.O. 1897, c. 138, s. 170.

(2) Before entering a transferee as first registered owner, the Local Master shall require evidence to be produced shew- ing that there is no execution affecting the land. New.

163. Where notices or other proceedings are necessary, j^«es^yabie the Local Master shall be entitled to charge in addition to Master, his disbursements the like fees as are payable to the Master of Titles in respect of similar proceedings, and where notices are

M

68

not necessary the Local Master shall be entitled to charge his actual disbursements. K.S.O. 1897, c. 138, s. 172 (5, 6). Amended,

Repeal. 164. The following Acts and parts of Acts are repealed:

chapter 138 of Revised Statutes of Ontario, 1897, chapter 16 of the Acts passed in the 1st year, chapter 19 of the Acts passed in the 2nd year, chapter 12 of the Acts passed in the 3rd year, section 20 of chapter 19 of the Acts passed in the 6th year, chapter 30 of the Acts passed in the 7th year, chapter 38 of the Acts passed in the 8th year, section 15 of chapter 26 of the Acts passed in the 9th year, section 36 of chapter 26, and chapter 61 of the Acts passed in the 10th year of the reign of His late Majesty King Edward VII.

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No. 96.

BILL

1911.

An Act to simplify Titles and to facilitate the Transfer of Land.

Short title, s. 1. A:pplication of Act, etc., s. 2. Interpretation, s. 3. Power of judge in chambers, s. 4.

Part I.

Land Registry in County of

York, s. 5. First Registration of land, ss.

6-15.

Part II. Leasehold land, ss. 16-21.

Part III. First registration, how ef- fected, ss. 22, 23. Liability to easements and

other rights, ss. 24, 25. Incumbrance existing at first

registration, ss. 26-28. No acquisition of title hy ad- verse possession, s. 29.

Part IV. Transfer and mortgage of beg-

istered land, ss. 30-55. Mortgage of registered land,

ss. 30-37. Transfer of land, ss. 38-45. Claims for dower, ss. 46, 47. Transfer of leaseholds, ss. 48-

53. Transfer of charges, s. 54. Time of registration, s. 55. Transmission of land and

charges on death of owner,

ss. 56-61. Executions and sale under, ss.

62-65. Sales for taxes, s. 66. Mechanics' liens, s. 67.

Part V. Other dealings with registered LAND, ss. 68-79. 96

Registered owner only may

make registered disposition,

s. 68. Right to registration, s. 69. Notices of leases, s. 70. Notice of estates in dower or

hy the curtesy, s. 71. Caution against registered

dealings, ss. 72-76. Sale of standing timher, s. 77. Inhibition against registered

dealings without order of

Court, s. 78. Power of registered owner to

impose restrictions, s. 79.

Part VI.

Supplemental provisions, ss. 80- 163.

Notice by registration, s. 80.

Caution against entry of lands ON register, ss. 81-86.

Penalty where caution wrong- fully LODGED, ETC., S. 85.

Costs, s. 87.

Doubtful questions arising on title, s. 88. Persons under incapacity, s. 89.

Land certificates, office copies of leases and certificates of charge, ss. 90-93.

Registry of special heredita- ments, ss. 94.

General provisions, ss. 95-103. Persons under disability, s. 104.

Plans, ss. 105-108.

Notices, ss. 112-113.

Specific performance, s. 114.

Rectification of register, ss. 115-120.

Fraudulent acts and disposi- tions, ss. 121-122.

Assurance fund, ss. 123-128.

Withdrawing land from reg- istry, s. 129,

A.DMINISTBATION OF LAW AND

MISCELLANEOUS, SS. 130-146.

Conduct of business in office

of Land Titles, ss. 130-132. Depositions and witnesses, ss.

133, 131. Certificate as to taxes, s. 135. Deputy of Master, s. 136. Right to inspect registry, s.

137. General rules, and rules as to

fees, s. 138. Fees payable, s. 139. Appeals, ss. 140-141. Irregularities, s. 142.

Oath of office and sureties, ss.

143-144. Master, etc., not to act for investors, s. 145.

Extension to other localities and expenses, ss. 146-148.

Local Masters of Titles, ss. 149-155.

Inspector of Land Titles' of- fices, ss. 156-158.

Registration of newly patent- ed LANDS IN districts, SS.

159-163. Repeal, s. 164.

Short title.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of On- tario, enacts as follows : —

PRELIMINARY.

1. This Act may be cited as The Land Titles Act. R.S.O. 1897, s. 138, s. 1.

of^ASft*'"" 2. This Act shall, subject to section 146, apply to the County of York, including the City of Toronto, the County of Elgin, including the City of St. Thomas, the County of Ontario, the City of Ottawa and the County of Carleton, and to Provisional Judicial Districts only, and the Land Regis- . tries heretofore established for the said counties and dis- tricts are hereby continued. R.S.O. 1897, c. 138, s. 2, and Orders in Council of 27th July, 1899, and 4th December, 1907.

Interpreta- tion.

Court

General Rules.

Inspector.

Owner.

Prescribed.

Proper Master of Titles.

3. In this Act

(a) " Court " shall mean the High Court.

(h) " General Rules " or "Rules " shall mean the Rules made in pursuance of this Act or of any Act repealed by it.

(c) "Inspector" shall mean Inspector of Land Titles Offices, and shall include a person acting as Inspector of Land Titles Offices under the authority conferred by this Act.

(d) "Owner" shall mean owner in fee simple;

(e) " Prescribed " shall mean prescribed by this Act or by any general rules made in pursuance of this Act.

(/) " Proper Master of Titles " shall mean the Master of Titles or Local Master in whose office the land affected or

intended to be affected by any proceeding, instrument or document is or may be registered

(g) " Registered " shall mean registered under this Act. Registered.

(h) "Sworn Valuator" shall mean a person appointed vafJator. with the approval of the Lieutenanit-Governor in Council, to value land under this Act. E.S.O. 1897, c. 138, s. 3.

4 Any jurisdiction of the court under this Act may t>6 ^^^sre may^^ exercised by a judge of the court whether sitting in court or or cham- in chambers. E.S.O. 1897, c. 138, s. 3, part. *'^"*

PART I.

ENTRY OF LAND ON EEGISTER OF TITLE.

5. The Land Registry for the County of York shall be Land conducted by an officer to be called the Master of Titles, ttf 1::ounty

of York

con-

who shall be a barrister of not less than ten years' standing to be at the Bar of Ontario, and shall be appointed by the Lieuten- ^ast^r ^^ ant-Grovernor in Council by commission under the Great Seal Titles. K.S.O. 1897, c. 138, s. 4. ^ lf^.,^1 ?7.

ss. 5,' 106.

6. — (1) Any person entitled for his own benefit at law or Application

for FGsriS'

in equity to an estate in fee simple in land, whether or not tration subject to incumbrances, or any person capable of disposing Tbsoiute for his own benefit by way of sale of an estate in fee simple sory "titie^ in land, whether or not subject to incumbrances, may apply j^^^ ^s & to the proper Master of Titles to be registered under this Act, 39 v., c. 87 or to have registered in his stead any nominee as owner of such land, with an Absolute, Qualified or Possessory title, as the case may be. R.S.O. 1897, c. 138, s. 5.

(2) Any person who has contracted to buy for his own Application benefit an estate in fee simple in land, whether or not sub- purchaser, ject to incumbrances, may also apply if the vendor consents imp. 38 & to the application. R.S.O. 1897, c. 138, s. 6. l^_ ^/ ^- "•

(3) The Attorney-General for Canada, or the Attorney- Application General for Ontario, may apply in like manner in respect ^^ Crown, to the title of the Crown to any land ; and the practice and l^\ ^^ f^ procedure upon the application shall be the same as in ordiii- s. 65.

ary cases. R.S.O. 1897, c. 138, s. 7.

90

Trustees and Mortgagees.

etc"^*rnay '^ -' — (1) -^^7 person holding land on trust for sale, and medium of ^^^ trustee, mortgagee, or other person having a power of registry Selling land, may authorize the purchaser to make an appli-

or may be o / «/ j. ^ _ rr

themselves cation to be registered as owner with any title with which regis ere . ^^ owner is authorized to be registered, and may consent to 39^ V. ^c. 87, the performance of the contract being conditional on his ®- ^^- being so registered; or any of such persons, except a mort-

gagee, may himself apply to be registered as such owner with the consent of the persons (if any) whose consent is required to the exercise by the applicant of his trust or power of sale.

(2) A mortgagee having a power of selling land, may apply to have the mortgagor or other person owning the equity of redemption registered as owner with any such title.

(3) The amount of all costs, charges, and expenses pro- perly incurred by such person, in or about the application, shall be ascertained and declared by the proper Master of Titles, and shall be deemed to be costs, charges, and expenses })roperly incurred by such pers'on in the execution of his trust or in pursuance of his power ; and he may retain or reimburse the same to himself out of any money coming to him under the trust or power, and he shall not be liable to any account in respect thereof. K.S.O. 1897, c. 138, s. 8.

Part Owners.

ot^psiTt °" 8. — (1) Any two or more persons entitled concurrently or

owners. successively, or partly in one mode and partly in another, to

39^ V ^c f? s^c'^ estates, rights, or interests in land as together make up

s- 69- such an estate as would, if vested in one person, entitle him to

be registered as owner of the land, may, sulbject as in this

Act mentioned with respect to the number of persons to be

registered in respect of the same land, apply to the proper

Master of Titles to be registered as joint owners, in the same

manner and with the same incidents, so far as circumstances

admit, in and with whidli it is in this Act declared that an

individual owner may be registered. R.S.O. 1897, c. 138,

s. 9.

^gistration (2) Where several persons are so registered as owners, the

of part entry may, if the parties so desire, define the estates, rights

and interests, other than trust estates, rights and interests,

to which the owners are respectively entitled, and such

entry may be made either upon first registration or subse-

90

quentlj in case the estates, rights or interests so arise. R.S.O. 1897, c. 138, s. 10.

(3) Persons entitled to several estates, as mentioned in What

^ ,. ^ 1 ,,• ••a. certificate

subsection 1, or owners who are tenants m common or ]oint part tenants, shall be entitled to take out one certificate in respect ^y^'tlke of the whole estate, or each person may, when the extent of °"*- his interest is defined, take out a, certificate in respect of his own estate ; but when a certificate for the whole is outstanding no separate certificate shall be issued till the outstanding certificate is returned and cancelled. R.S.O. 1897, c. 138, 8. 11.

Absolute Titles.

9. Where an absolute title is required, the applicant or his ^^g^e^^^ nominee shall not be registered as owner of the fee simple absolute unless and until the title is approved by the proper Master of required. Titles. K.S.O. 1897, c. 138, s. 12. |^p^ ^^ &

s. 6.' ■

10. The first Tegistration of a person as owner of land, ^^*f*^ °^ in this Act referred to as first registered owner, with an registered absolute title, shall vest in the person so registered an estate absolute' in fee simple in such land, together with all rights, privileges, *^*^®'

and appurtenances belonging or appurtenant thereto, subject 3^ y. ^c. fi as follows: ^- '^^

« (a) To the incumbrances, if any, entered on the

register ;

,1

(&) To such liabilities, rights and interests, if any, as are declared for the purposes of this Act not to be incumbrances, unless the contrary is expressed on the register ;

(c) Where such first registered owner is not entitled for his own benefit to the land registered, then as be- tween him and any persons claiming under him, to any unregistered estates, rights, interests, or equities to which such persons may be entitled ;

but free from all other estates and interests whatsoever, in- cluding estates and interests of His Majesty, which are within the legislative jurisdiction of Ontario.. R.S.O. 1897, c. 138, s. 13.

Possessory Titles.

11. Where a possessory title only is required, the applicant where^pos- or his nominee may be registered as owner of the fee simple f^ii"^^

AA required.

Imp 38 & on giving such evidence of title, and serving such notices, if 8. 6. ■ *^' ' any, as may be prescribed. R.S.O. 1897, c. 138, s. 14.

12. The registration of a person as first registered

Estate of first

registered owner with a possessory title only, shall not affect or pre-

owner with . . x «/ »/ < _ x^

possessory judice the enforcement of any estate, right, or interest

adverse to or in derogation of the title of such first registered

39^ V. c. 87, owner, and subsisting or capable of arising at the time of

"' ^- registration of such owner, but shall otherwise have the

same effect as registration of a person with an absolute

title. R.S.O. 1897, c. 138, s. 15.

Qualified Titles,

tit'ie^nia*^ 13. — (1) Where on the examination of the title it ap- be pears to the proper Master of Titles that it can be established

only for a limited period, or subject to certain reservations, the 39^ V. c. 87. Master, on the application of the party applying to be regis- ^' *■ tered, may, by an entry made in the register, except from the

effect of registration any estate, right, or interest arising before a specified date, or arising under a specified instru- ment, or otherwise particularly described in the register.

(2) A title registered subject to such excepted estate, right, or interest shall be called a qualified title.

Estate of

owner

registered

with a

qualified

title.

(3) The registration of a person as first registered ovmer with a qualified title shall have the same effect as the regis- tration of such person with an absolute title, save that regis- tration with a qualified title shall not affect or prejudice the enforcement of any estate, right or interest appearing by the register to be excepted.

easement' (^) ^^^^G the existence of any easement is proved the

Imp. 38 & Master may, if he thinks fit, enter notice thereof on the 39 V. c. 87. . , •^' '

s. 18, sub- register.

statement of appur- tenant easement on certificate, etc.

(5) Where title is shewn to any easement appurtenant to the land being registered, the same may be stated in the entry and certificate of ownership. R.S.O. 1897, c. 138, s. 16.

Certificate of Ownership.

Certificate X4. On the entry of the name of the first registered owner ship given of freehold land on the register, the proper Master of Titles

on rfififiS"

tration. shall, if required by the owner, deliver to him a Certificate, in Imp. 38 & the prescribed form, in this Act called a Certificate of Owner- s'lo^' ^' ^'' ship, which shall state whether the title of the owner therein

mentioned is absolute, qualified, or possessory. R.S.O. 1897,

c. 138, s. 17.

96

15. — (1) A certificate by the proper Master of Titles of Jcf *«*J"y ^^^ the first registration of an owner under this Act shall be f'PPjy ^2

T . 1 . T • • • 1-111 !• • land under

registered m the registry division m whic'h the land is situ- this Act. ate; and thereafter The Registry Act shall cease to apply to lOEdw. vii such land. E.S.O. 1897, c. 138, s. 18. *'• ^''•

S^^ (2) The certificate, besides describing the land, shall fo^S*'"^''''' state the date of the first registration, the number of the ^*^J,^„A"

~ • _ certincate

parcel and the register in which the land is registered : and foj" registry the Registrar shall in his Abstract Index enter the number of the parcel and the register as given in the certificate. (New.)

PART II.

LEASEHOLD LAND.

16. — (1) A separate register of leasehold land shall be Register of kept and any of the following persons : land.

(a) Any person who has contracted to buy for his own Application benefit lease'hold land held under a lease for a tratiorfwith life or lives, or determinable on a life or lives, a'^dec^iara"* or for a term of years of which at least 21 are *!?" o^ unexpired, or m respect oi which the lessee or lessor to

, . ^ . . ^ ,.., J , ■. . grant lease.

his assigns is or are entitled to a renewal term

or succession of terms amounting with the por- l^^y ^^ ^7

tion unexpired of the current term to at least 21s. 11.

years, or to a renewal for a life or lives, whether

or not subject to incumbrances;

(6) Any person entitled for his own benefit, at law or in equity, to leasehold land held under any such lease whether or not subject to incumbrances; and

(c) Any person capable of disposing for his own bene- fit by way of sale of leasehold land held under any such lease whether or not subject to incjim- brances ;

may apply to the proper Master of Titles to be registered, or to have registered in his stead any nominee as owner of such leasehold land, with the addition, where the lease under which the land is held is derived immediately out of free- hold land, and the applicant is able to submit for examina- tion the title of the lessor, of a declaration of the title of the lessor to grant the lease under which the land is held ;

Provided that, in the case of leasehold land contracted to Pi'ovIso. be bought, the vendor consents to the application.

(2) Every applicant for registration of leasehold land shall deposit with the Master the lease in respect of which 96

8

the application is made, or if such lease is proved to the satisfaction of the Master to be lost, a copy of such lease or of a counterpart thereof, verified to the satisfaction of the Master ; and such lease or verified copy is in this Act refer- red to as the registered lease.

(3) Leasehold land held under a lease containing an ab- solute prohibition against alienation, shall not be registered.

(4) Leasehold land held under a lease containing a pro- hibition against alienation without the license of some other person, shall not be registered unless and until provision is made in the prescribed manner for preventing alienation without such license, by entry in the register of a restriction to that effect, or otherwise. E.S.O. 1897, c. 138, s. 19.

(5) Section 7 shall apply to leasehold as well as to free- hold land. 7 Edw. VII. c. 30, s. 2.

Evidence of title required on appUca tion.

Imp. 38 &

17. An applicant or his nominee shall not be registered as owner of leasehold land unless and until the title to such land is approved by the proper ]\rasteT of Titles; and if he 39 V. c. 87, applies to be registered as owner of leasehold land with a declaratit)n of the title of the lessor to grant the lease under which the land is held, shall not be registered Avith such declaration unless and until the lessor, after an examination of his title by the Master, is declared to have had an absolute or qualified title to grant the lease un'der which the land is held. E.S.O. 1897, c. 138, s. 20.

Estate of first regis- tered owner of leasehold land with a declara- tion of absolute title of lessor to grant lease,

Imp. 38 & 39 V. c. 87. 8. 13.

18. The registration of a person as first registered owner of leasehold land with a declaration that the lessor had an absolute title to grant the lease under which the land is held, shall vest in such person the land comprised in the registered lease relating to such land for all the leasehold estate therein described, with all implied or expressed rights, privileges and appurtenances attached to such estate, but subject

(a) To all implied and express covenants, obligations and liabilities incident to 'Such leasehold estate;

(h) To the incumbrances, if any, entered on the register ;

(c)

96

Unless the contrary is expressed on the register, to such liabilities, rights and interests as affect the leasehold estate and are by this Act declared not to be incumbrances in the case of registered free- hold land; and

(d) Where such first registered owner is not entitled for his own benefit to the land registered, then, as between himself and any person for whom he holds or claiming under him, to any unregistered estates, rights, interests or equities to which such person may be entitled ;

But free from all other estates and interests whatsoever, including estates and interests of His Majesty, which are within the legislative jurisdiction of Ontario. R.S.O. 189Y, c. 138, s. 21; 7 Edw. Vll. c. 30, s. 3.

19. The registration of a person as first registered Estate of owner of leasehold land without a declaration of the title tered of the lessor, shall not affect or prejudice the enforcement °^seho?d of any estate, right, or interest affecting or in derogation out**a^^*^^ of the title of the lessor to grant the lease under which the of °tttie*'*^° land is held ; but, save as aforesaid, shall have the same ^^ lessor to effect as the registration of a person as first registered owner of leasehold land with a declaration that the lessor 39^ v. c. 87, had an absolute title to grant the lease under which the land ^" ^*' is held. RS.O. 1897, c. 138, s. 22.

20. — (1) Where on the examination of the title of ^.^^ssor^^ay lessor by the proper Master of Titles, it appears to him that to have ,a the title of such lessor to grant the lease under which the landmie fo is held can be established only for a limited period, or sub- ^'"^"^ ^ea.se. ject to certain reservations, the Master may, by an entry made g™ v. c^ 87 in the register, except from the effect of registration, any ■• ^^ estate, rig'ht or interest arising before a specified date or arising under a specified instrument, or otherwise particularly, described in the register; and a title of a lessor subject to such excepted estate, rig'ht, or interest shall be deemed a qualified title.

. (2) The registration of a person as first registered owner of leasehold land with a declaration that the lessor had a qualified title to grant the lease under which the land is held, shall have the same effect as the registration of such person with a declaration that the lessor had an absolute title to grant the lease under which the land is held, save that registration with the declaration of a qualified title shall not affect or prejudice the enforcement of any right or interest appearing by the register to be excepted. K.S.O. 1897, c. 138, 8.23.

21. On the entry of the name of the first registered owner J^^^fg^g^^P^ of leasehold land on the register, the proper Master of Titles given on shall, if required by the owner, deliver to him a copy of the registered lease, in this Act called an office copy, authenticated 3™^. c. 87.

B. 17.

2-96

10

in the prescrifced manner, and tliere shall be endorsed thereon a statement whether any declaration, absolute or qualified, as to the title of the lessor has been made, and any other par- ticulars relating to such lease entered in the register. R.S.O. 1897, c. 138, s. 24.

PART III.

Regulations as to exam- ination of title by Master.

Imp. 38 & 39 V. c. 87, s, 17.

10 Edw. VII. c. 58, s. 8.

REGISTRATION, HOW EFFECTED.

22. The examination of a title shall be conducted in the prescribed manner, subject to the following provisions :

(a) Due notice shall be given where the giving of such notice is prescribed; and sufficient opportunity shall be afforded to any person desirous of object- ing to come in and state his objections to the proper Master of Titles ;

(6) The Master shall have jurisdiction to hear and determine any such objections, subject to an appeal to the Court in the prescribed manner and on the prescribed conditions;

(c) If the Master, upon the examination of any title, is

of opinion that it is open to objection, but is nevertheless a title the holding under which will not be disturbed, he may approve of it or may require the applicant to apply to the Court, upon a statement signed by the Master, for its sanction to the registration;

(d) It shall not be necessary to produce any evidence

which, by The Vendors and Purchaser s Act is dispensed with as between vendor and purchaser, or to produce or account for the originals of any registered deeds, documents, or instruments, unless the Master otherwise directs ;

(e) The Master may receive and act upon any evidence

which is received in court on a question of title, or any evidence which the practice of convey- ancers authorizes to be received on an investiga- tion of a title out of court, or any other evidence, whether the same is or is not receivable or suffi- ' cient in point of strict law, or according to the

practice of conveyancers, if the same satisfies him of the truth of the facts intended to be made out thereby ;

11

(/) The Master may refer to and act upon not only the evidence adduced before him in the proceeding in which such evidence is adduced, but also any evidence adduced before him in any other pro- ceeding wherein the fadts to which suc'h evidence relates were or are in question. R.S.O. 1897, c. 138, s. 25. Amended.

23. The Lieutenant-Governor in Council may name one Employment or more barristers to whom the Master of Titles may refer for exam- the examination of the title, in whole or in part, of any land titles!"* in respect of which an application is made, and the Master imperial may act upon the opinion of such referee. 7 Edw. ^H-^r ^Rules'"

C. 30, S. 1. of 1903,

' Nos. 36 and

313.

24, — (1) All registered land, unless the contrary is ex- Liability of pressed on the register, shall be subject to such of the follow- iln/^to""* ing liabilities, rights, and interests as for the time being may and^'^e?-** be subsisting in reference thereto, and such liabilities, rights tain^other and interests shall not be deemed incumbrances within the

» ,, . . . Imp. 38 &

meaning oi this Act; 39 v. c. 87,

(a) 1^^ Provincial taxes and succession duty and*^^ i^^ster^*'* municipal taxes, charges, rates or assessments, t^xes*^^ *° and school or water rates ;

(h) Any right of way, water-course, and right of water, and other easements ;

(c) Any title or lien which, by possession or improve-

ments the owner or person interested in any adjoining land has acquired to or in respect of the registered land ;

(d) Any lease or agreement for a lease, for a period

yet to run which does not exceed three years, where there is actual occupation under it ;

(e) Any right of the wife or husband of the person

registered as owner to dower or curtesy, as the case may be, in case of surviving such owner;

(/) Any right of expropriation, access or user conferred by Statute; R.S.O. 1897, c. 138, s. 26 (1); 3 Edw. VII. c. 12, s. 2; 7 Edw. VII. c. 30, s. 4. Amended.

(g) Any public highway.

(2) If the applicant desires the certificate to declare the title to be free from the first five of such particulars, or any

96

12

of them, Ms application shall so state, and the investigation shall proceed accordingly. E.S.O. 1897, c. 138, s, 26 (2).

I (3) The description of the land in the certificate of owner- ship shall not, as against adjoining owners, be conclusive as to the boundaries or extent thereof. R.S.O. 1897, c. 138, 8. 26 (1). Part, amended.

Effect of 2^' Where a license under The Crown Timber Act, or

^isrjstration ^ny Statute for which that Act is substituted, has been or shall be granted, and the land is registered under this Act the same shall be deemed to have been, and to be subject to the rights of the licensee or his assigns for the current license year under the license, and to the rights of His Majesty in the pine trees under The Free Grants and Home- steads Act, or any Statute for which that Act is substituted, without the fact of such land being so subject being expressed in the entry in the register, or in the certificate of owner^ sHp. R.S.O. 1897, c. 138, s. 27.

upon

timber

licenses.

Rev. Stat, c. 32.

Rev. Stat c. 29.

Liands subject to mortgage at time of registration.

10 Edw. VII.. c. 60.

Mortgages existing at First Registration.

26. — (1) Where land is registered subject to mortgages existing thereon at the time of the first registration the mortgages shall be noted in the register in the same order as lihey are registered in the registry office if such mort- gages have been so registered, or the dates of the respective registrations thereof shall be stated, but this shall not be taken as an affirmation that such mortgages rank in the order in which they were registered or in the order in which they are noted.

(2) Abstracts of all instruments dealing with such mort- gages shall thereafter be entered in the register, and tihe entry thereof shall be deemed the registration of the instru- ment, and the rig'hts of the parties interested or claiming to be interested in any such mortgage so far as it affects land under this Act shall, subject to sections 10 to 13 and 42 to 45, be decided under the registry law, as if the registrations in the Office of Land Titles had been made under The Registry Act. R.S.O. 1897, c. 138, s. 29.

Determination of Incumbrances or Leases existing at First Registration.

Complete or 27.— (1) Where upon the .first registration of land,

discharge of notjico of any incumbrance affecting such land has been

' entered on the register, the proper Master of Titles, on proof

v^^c. 87, to his satisfaction of the disdharge of such incumbrance shall a. 19.

18

note in the prescribed manner on the register, by cancelling the original entry or otherwise, the cessation of such incum- brance and thereupon the incumbrance shall cease.

(2) On the requisition or certificate of a mortgagee whose mortgage was entered on the register on the first registra- tion of the land or the registered assignee thereof or of the personal representative of such mortgagee or assignee author- izing or certifying the discharge of the whole or any part of the land therefrom or the discharge of the whole or any part of the money thereby secured, the Master may note on the register the discharge of such land from the mortgage or the discharge of such part of the money, and thereupon as to the land or money discharged, the incumbrance shall cease.

(3) The death of the person who signed the requisition or certificate shall not revoke or otherwise affect the same. R.S.O. 1897, c. 138, s. 30; 7 Edw. VII., c. 30, s. 6.

Determlna-

28. The proper Master of Titles, on proof to his satis- tion^^ lelse. faction of tlie determination of any lease of registered land j^p sg & 39 existing at the first registration, shall note in the prescribed J-' ^^- ^'^' manner on the register, the determination of such lease. R.S.O. 1897, c. 138, s. 31.

Adverse Possession as against Registered Owner.

29.— (1) Where a title to registered land is claimed g^^ ^^f^"/fi; imder The Limitations Act, no time prior to the registration p^ssefsk)n^^ of a registered owner of such land, shall be computed in the gg & 39

period of possession required to confer a title under the v., c. 87, Act, as against such owner or any one claiming under him, {q g^^, yjj but save as in this section provided the Act shall apply to «• 34. registered land.

(2) The registration of a transfer, c'harge or transfer of a charge shall have the same effect for the purpose of stop- ping the running of the Statute as an entry on the land.

(3) Where a person claims to have obtained a title by possession to registered land he may lodge a cjiution under section 72, and apply to the proper Master of Titles for an order for the rectification of the regis'fcer, and on such appli- cation if it is made to appear that the applicant had at the time he lodged the caution acquired such title the Master may declare t)he applicant entitled to the land or any part thereof and shall rectify the register accordingly.

96

14

(4) No person shall be deemed to have acquired a title by possession unless he has taken the proceedings provided for by subsection 3.

(5) This section shall not affect the provisions of para- graph " c " of subsection 1 of section 24. New.

PART IV.

TRANSFEE AND CHARGE OF EEGISTEEED LAND.

I

Charge of Registered Land. Creation of 30. — Cl) Evcrv registered owner, may in the prescribed

charges, and \ ^ ■,■,-,• ^ ^

delivery of manner charge the land with the payment at an appointed of charge, time of any principal sum of money either with or without Imp. 38 & 39 interest, or as security for any other purpose, and with or ^•'22. "' without a power of sale. RS.O. 1897, c. 138, s. 33 (1).

Charge how (2) The charge shall be completed by tihe proper Master of Titles entering on the register the person in whose favour the charge is made as the owner of the charge, stating the amount of the principal sum Which the charge secures, with the rate of interest and the periods of payment, or the other purpose for w*hich the charge is given.

(3) Where the charge contains a power of sale, that fact ^ali be stated, but the particulars need not be set out in the register, nor shall it be necessary to set forth incidental matters which may be expressly charged, such as costs of inspection, or of abortive attempts to sell and the like. 3 Edw. VII., c. 12, s. 3.

(4) The charge, when registered, sihall confer upon the chargee a charge upon the interest of the chargor as appear- ing in the register subject to the incumbrances and qualifica- tions to which such interest is subject, but free from any unregistered interests in the land. New.

(5) The Master shall also, if required, deliver to the owner of the charge, a certificate of charge in the prescribed form. RS.O. 1897, c. 138, s. 33 (3).

10 Edw. ^ (6) The provisions of section 73 of The Registry Act

shall apply to the charge as if it was a registered mortgage. New.

9a

VII. c. 60.

15

31. — (1) Wtere a registered dharge is created, there implied shall be implied on the part of the registered owner at thato pay time of the creation of the charge, his heirs, executors and *^^^'^^®'' administrators, unless there is an entry on the register nega- y^^'c. ^Irf '' tiving the implication, covenants with the registered owner®- ^^• for the time being of the charge:

(a) To pay the principal sum charged, and interest, if any, thereon, at the appointed time and rate; and all taxes, rates, charges, rents, statute labour or other impositions theretofore or thereafter imposed or charged on the land and that in case of default all payments made by the owner of the charge may be added to the principal sum and bear interest;

(h) If the principal sum or any part thereof is un- paid at the appointed time, to pay interest half- yearly at the appointed rate on so muoh of the principal sum as for the time being remains unpaid.

(2) Where a charge, whether oir not under seal, is ex- Provision pressed to be made in pursuance of The Short Forms o/ charge Mortgages Act, or refers thereto, and contains any form of to^be^ made words contained in clauses numbered 1, 2, 3, 7, 8, 12, 14, io"*Edw. 15 or 16, of Column One, of Schodule B to that Act, ^n. c. 55. whether expressed in the first or third person, such words shall have the same meaning and effect as the words under the corresponding number in Column Two in that schedule: and the provisions of that Act shall apply to the dharge. R.S.O. 1897, c. 138, s. 34.

32. Where a registered charge is created on any lease- implied hold land, there shall be implied on the part of the regis- case"o?* '" tered owner of such leasehold land at the time of the crea- ll*J^!}?i*J^ ^°

• rii 1*1 '• 1^.. Ktiy rem,

tion of the charge, his heirs, executors, and admimstrators, f^S- and

1 .1 • , .1 • . • • , . indemnify

unless there is an entry on the register negativing the im- owner of plication, covenants with the registered owner for the time *^ ^^^^' being of the charge: ^"^c If*''*

s. '24.

(a) That the registered owner of such leasehold land at the time of the creation of the charge, his executors, administrators or assigns, will pay, perform and observe the rent, covenants, and conditions by and in the registered lease re- served and contained, and on the part of the ' lessee to be paid, performed, and observed; and

(6) Will keep the owner of the charge, his executors, administrators and assigns, indemnified against

M

10

all actions, suits, expenses, and claims, on ac- count of fhe non-payment of sucli rent, or any part thereof, or the breach of such covenants or conditions, or any of them. R.S.O. 1897, c. 138, 8. 35.

OTTOer oH ^^' Subject to any entry to the contrary on the register,

charge. the registered owner of a registered charge, for the purpose

Imp. 38 & 39 of obtaining satisfaction of any moneys due to him under

s.''25.' ' the charge, at any time during the continuance of his charge,

may enter upon the land charged, or any part thereof, or

into the receipt of the rents and profits thereof, subject

nevertheless to the right of any persons appearing on the

register to be prior incumbrancers, and to the liability

attached to a mortgagee in possession. R.S.O. 1897, c. 138,

s. 36.

by'^owner'^^ 34. Subject to any entry to the contrary on the register of charge, the registered owner of a registered charge may enforce it v., c. 87, by 'foreclosure or sale, in the same manner and under the same circumstances in and under which he might enforce the same if the land had been transferred to him by way of mortgage, subject to a proviso for redemption. R.S.O. 1897, c. 138, s. 37.

owner^^of°' ^^- Subject to any entry to the contrary on the register, charge^^with j[jg registered owner of a registered charge with a power of sale. sale, in accordance with the terms of the power, may sell

Imp. 38 & 39 and transfer the interest in the land, w*hioh is the subject a." 27. ' of the charge, or any part thereof, in the same manner as if he were the registered owner of the land to the extent of such interest therein. R.S.O. 1897, c. 138, s. 38.

^y*Jtered° 36. Subject to any entry to the contrary on the register,

charges. registered charges on the same land shall as between them- v^^c^l?* ^'selves rank according to the order in which they are entered s. '28. ' on the register, and not according to the order in which they are created. R.S.O. 1897, c. 138, s. 39.

?fTn^um- 37.— (1) The proper Master of Titles shall, on the re-

brance. quisitiou of the registered owner of any land and on due

v"^c^ 87* ^^ pi'oof of the satisfaction of a charge thereon, or may on the s. 28. requisition of the registered owner of a charge or of his

personal representative or on his certificate of the satisfac- tion thereof, note on the register in tihe prescribed manner, by cancelling the original entry or otherwise, the cessation of the charge; and thereupon the dharge shall cease.

(2) The Master may in like manner and with the like effect note the cessation of any other incumbrance.

W iJliJi

17

(8) On the requisition or certificate of tlie resristere'd Partial owner of a charge, or of the personal representative of suc^h of charge, owner authorizing or certifying the discharge of any part of the land therefrom or the discharge of any part of the money thereby secured, the Master may note on the register the discharge of such land from the charge or the discharge of such part of the money and thereupon as to the land or money discharged the charge shall cease. R.S.O. 1897, c. 138, s. 40.

(4) The death of the person who signed the requisition Death of ci certificate ^hall not revoke or otherwise affect the same, cerufying

7 Edw VTT C 30 S 6 ^^ cessation

i J1.UW. V XX., c. ou, B. o. ^^ charge.

Transfers after Land is Brought Under this Act.

38. — (1) Every registered owner may, in the prescribed j^^^^^®j[jj°' manner, transfer the land or any part thereof. fand^^ °'

certificate.

(2) The transfer shall be completed by the proper Master imp. 38 & 39 of Titles entering on the register the transferee as owner s.'29. '

of the land transferred; and until such entry is made the transferor shall be deemed to remain own^er of the land.

(3) TTpon completion of the registration of the transferee, the Master shall, if required, deliver to him a certificate of ownership in the prescribed form.

(4) Where part only of xthe land is transferred, the Master shall also, if required, deliver to the transferor a certificate of ownership containing a description of the land retained by him. R.S.O. 1897, c. 138, s. 41.

39. — (1) Any person who is entitled to have a transfer ^e^i^jto or charge entered on the register, shall have the right to production require the holder of the certificate of ownership, if any of owner- is outstanding, to produce the certificate to the proper Master ^ ^' of Titles, or to deliver it to such person for production for the purpose of having all proper entries or alterations made thereon by the Master, or for cancellation when the certifi- cate has become effete.

(2) A person entitled to liave a cessation of a charge entered shall have the right to have an outstanding certificate of ownership of the charge produced in like manner in order that it may be cancelled. R.S.O. 1897, c. 138, s. 42.

40. Where upon an application for the registration of faster may a charere or of a transfer of anv land or charge, tihe proper production

" . . • ^ . .1 o' certificate

Master of Titles considers it expedient to require the pro- of owner- ' 3-96

. ' 18

duction of the certificate of ownership, either for the pur- pose of identifying the person dealing with the land or charge or for cancellation when the same ought to be can- celled or for any other purpose, he may do so, and may decline to enter the charge or transfer on the register until the cer- tificate has been produced, and if the certificate is not pro- duced within such time as the Master limits, he may return the transfer or charge. R.S.O. 1897, c. 138, s. 43.

Transfers 41. Where registered land is transferred to trustees undei;

under Rev. The Act respecting the property of Religious Institutions, the trustees shall be registered as owners in the usual man- ner and by their corporate name without setting out the purposes or trusts on which the land is held, but, a note shall be made by the proper Master of Titles that tte land is only to be transferred or charged in accordance with the provisions of that Act. R.S.O. 1897, c. 138, s. 44.

Estate of 42. A transfer for valuable consideration of land regis-

for valuable tcred with an absolute title, when registered, shall confer tion of land on the transferee an estate in fee simple in the land trans- lute^ tme°' f erred, together with all rig'hts, privileges and appurtenances Imp 38 & 39 belonging or appurtenant thereto, subject to: v., c. 87.

8. 30. / N mn . 1

(a) The incumbrances, if any, entered or noted on the

register; and

(b) Such liabilities, rights, and interests, if any, as are

declared for the purposes of the Act not to be incumbrances, unless the contrary is expressed on the register, and

As to such rights, privileges and appurtenances, subject also to any qualification, limitation or incumbrance to Av'hich the same are expressed to be subject in the register, or w*here such rights, privileges and appurtenances are not registered, then subject to any qualification, limitation or in- cumbrance to which the same are subject at the time of the transfer. New.

But free from all other estates and interests whatsoever, including estates and interests of His Majesty, which are within the legislative jurisdiction of Ontario. R.S.O. 1897, c. 138, s. 45. Amended.

^ajfrferee ^^' ^ transfer for valuable consideration of land regis-

for valuable tered with a qualified title, when registered, shall have the

consioGrfl."

tion of same effect as a transfer for valuable consideration of the

qualified Same land registered with an absolute title, save that such *'"*• transfer shall not affect or prejudice the enforcement of any

19

right or interest appearing by the register to be exceptetd. imp. 38 & 39 R.S.O. 1897, c. 138, s. 46. Zsi. *^'

44. A transfer for valuable consideration of land regis- Estate of tered wifh a possessory title shall not affect or prejudice for"%aiuabie the enforcement of any right or interest adverse to or in ticm *of '^^' derogation of the title of the first registered owner, and sub- j^'^^o^ sisting, or capable of arising, at the time of the registration title.

of such owner ; but, otherwise, when registered, shall have v^^c.^l?* ^* the same effect as a transfer for valuable consideration of ^-'^z. the same land, registered witih an absolute title. R.S.O. 1897, c. 138, s. 47.

45. A transfer of registered land, made without valuable Estate of consideration, shall be subject, so far as the transferee tmnHferee is concerned, to any unregistered estates, rights, ° ^" interests, or equities subject to which the transferor y^^c_ ^^7 * ^' held the same ; but, otherwise, when registered, in all re- * '^• spects, and in particular as respects any registered dealings

on the part of the transferee, shall have the same effect as a transfer of the same land for valuable conisideration. R.S.O. 1897, c. 138, s. 48.

Claims for Dower.

46. — (1) Where it is claimed that registered land is free Claim that from dower on account of the land being held in trust, or free from for some reason other than the wife's release of her dower *^*^"^®'"- by an instrument which can be produced and registered, and evidence to that effect which appears satisfactory is pro- duced before the proper Master of Titles, he may issue a notice requiring the wife to support her right if she claims to be entitled to dower in the land ; and if she fails to do so the Master may enter on the register a memorandum that the land is free from dower, and such entry shall, unless reversed on appeal, be a bar to any claim by such wife ; and no appeal shall lie, unless the wife claims her right of dower before the Master.

(2) This section shall also apply to the widow of a for- mer owner. R.S.O. 1897, c. 138, s. 49.

47. Where registered land is transferred subject to a Dower of charge, or where the registered owner of land which isferee of subject to a charge subsequently marries, the wife of theiand. transferee or owner shall have the same rights in respect of dower as she would have had if t'he legal estate had been transferred by an ordinary mortgage and no others. R.S.0. 1897, c. 138, s. 50.

»6 *

20

Transfers of Leaseholds.

Transfer of 48. — (1) Eveiy registered owner of leasehold land may iS ana in the prescribed manner, transfer the whole of his estate in offlcr cop? such land or in any part thereof.

of lease.

Imp. 38 & 39 (2) The transfer shall be completed by the proper Master 34! ^' ' ' of Titles entering on the register the transferee as owner of the leasehold land transferred, but until such entry is made the transferor shall be deemed to remain owner.

(3) Upon completion of the registration of the transferee, if the transfer includes the whole of the land comprised in the registered lease relating to such land, the transferee shall be entitled to the office copy of the registered lease.

(4) If a part only is transferred, the Master, if required according to any agreement that has been entered into between the transferor and transferee, shall deliver to the one the office copy of the registered lease and to the other a fresh office copy of such lease, each of such copies shewing, by endorsement or otherwise, the parcels of which the person to whom such copy is delivered is the registered owner. R.S.O. 1897, c. 138, s. 51.

Estate^ of 49^ -^ transfer for valuable consideration of leasehold

for valuable laud registered with a declaration that the lessor had an tion of absolute title to grant the lease under which the land is

land^^wiih a held, when registered, shall vest in the transferee the land oF^^s^Vute transferred for all the leasehold estate described in the iess^or°^ registered lease relating to such land and then unexpired,

im 33 & ^^^^ ^^^ implied or expressed rights, privileges, and appur- 39 v.. c. 87, tenances attached to such estate, but subject to

S. 35

(a) All implied and express covenants, obligations, and liabilities incident to such estate ;

(5) The incumbrances, if any, entered or noted on the register; and

(c) Such liabilities, rights, and interests as affect the leasehold estate and are by this Act declared for the purposes of the Act not to be incumbrances in the case of registered freehold land, unless the contrary is expressed on the register;

But free from all other estates and interests whatsoever

including any estates and interests of His Majesty, which

are within the legislative authority of Ontario. R.S.O. 1897,

c. 138, 8. 52.

« 9«

21

50. A transfer for valuable consideration of leasehold E^tate^^of^ land registered without a declara*tion of the title of the for valuable lessor, shall not aifect the enforcement of any estate, right tion of

or interest affecting or in derogation of the title of the lessor find ^withiut to grant the lease under which the land is held; but other- ^f<^^jfj|'"^y°" wise when registered, shall have the same effect as a trans- 'essor. fer for valuable consideration of the same land registered ^p- 38 & 39 with a declaration that the lessor had an absolute title to 37! grant the lease under Which the land is held. K.S.O. 1897, c. 138, s. 53.

51. A transfer for valuable consideration of leasehold g|^g\®gj.°i land registered with a declaration that the lessor had a valuable con-

Tr.?'T 11 1 ^ • t t T ^ ' sideratlon of

qualified title to grant the lease under which the land is leasehold held, when registered, shall have the same effect as a trans- declaration fer for valuable consideration of the same land registered ^ftie^^o^^fels- with a declaration that the lessor had an absolute title to^^'- grant the lease under which the land is held, save that such^P-^38^& 39 transfer shall not affect or prejudice the enforcement ofse! any right or interest appearing by the register to be excepted from the effect of registration. E.S.O. 1897, c. 138, s. 54.

#

52. A transfer of registered leasehold land made without voiuiitary valuable consideration shall be subject, so far as the transferee |^|;^|J^y^® °' is concerned, to any unregistered estates, rights, interests, ^^nd.

or equities subject to which the transferor held the same; imp. 38 & 39 but otherwise when registered in all respects and in par- 38,' ticular as respects any registered dealings on the part of the transferee, shall have the same effect as a transfer of the same land for valuable consideration. R.S.O. 1897, c. 138, s. 55.

53. On the transfer of any registered leasehold land, un-^jJ^P}g®%^°^®' less there is an entry on the register negativing such iropli-fea"ehoid es- cation, there shall be implied tates.

' Imp. 38 & 39

(a) On the part of the transferor, a covenant with the 3 9! ^'

transferee that, notwithstanding anything by such transferor done, omitted, or knowingly , suffered, the rents, covenants and conditions reserved and contained by and in the registered lease, and on the part of the lessee to be paid, performed, and observed, have been so paid, per- formed, and observed up to the date of the trans- fer; and

(b) On the part of the transferee, a covenant with the

transferor, that the transferee, his executors, administrators, or assigns, will pay, perform, and observe the rents, covenants, and conditions by and in the registered lease reserved and con- »0

22

tained, and on the part of the lessee to be paid, performed, and observed, and will keep the trans- feror, his executors, administrators and assigns, indemnified against all actions, suits, expenses, and claims on account of the non-payment of the rent or any part thereof, or the breach of the convenants or conditions,* or any of them. E.S.O. 1897, c. 138, s. 56.

Transfer of Charges.

charges'^ on' ^^' — (^) ^^^ registered owner of a charge may, in the register. prescribed manner, transfer such charge to another person Imp. 38 & 39 as owucr.

v., c. 87, 8. 40.

(2) The transfer shall be completed by the proper Master of Titles entering on the register the transferee as owner of the charge transferred.

(3) The transfer, when registered, shall confer upon the transferee the ownership of the charge free from any un- registered interests therein, and the transfer of part of the sum secured by a charge shall confer upon the transferee the ownership of such part free from any unregistered interests therein.

Transfer of part of a charge.

(4) Every transfer of a charge shall be subject to the state of account upon the charge between the chargor and the chargee.

(5) The Master shall also, if required, deliver to the transferee a fresh certificate of charge.

(6) The transferor shall be deemed to remain owner of such charge until the name of the transferee is entered on the register in respect thereof.

(7) The registered owner of a charge may transfer a part of the sum secured by the charge, and the part so trans- ferred may be given priority over the remaining part, or may be deferred, or may continue to rank equally with it, as may be stated in the transfer. R.S.O 1897, c. 138, s. 57. Amended.

Time of Registration.

Priority. ^^- The day, hour and minute of the receipt of each

instrument and copy of writ shall be noted thereon, and for the purpose of priority between chargees, transferees and others, the time of the receipt shall be deemed the time of

registration, RS.O. 1897, c. 138, s. 58. 9«

' - 28

Transmission of Land and Charges on Owner's Death.

56. On the death of the sole registered owner, or of the Transmis- survivor of several I'oint resristered owners, of any freehold of owner of

1J I- i:ni--i.j 'i.!-! freehold land.

land, such person shall be registered as owner, m the place of the deceased owner or owners, as may, on the applica-v^^c.^*?,*.'' tion of any person interested in such land, be appointed *^* by the proper Master of Titles, regard being had to the rights of the several persons interested in the land, and in particular to the selection of any sudh persons as may for the time being appear to the Master to be entitled, according to law, to be 80 appointed : subject to an appeal to the Court in the pre- scribed manner by any person aggrieved by any order of the Master under this section. K.S.O. 1897, c. 138, s. 59.

57. On the death of the sole registered owner, or of the Transmission survivor of several joint registered owners of any leasehold owner^of land or of any charge, the executor or administrator of such 1^^^ or^ of

sole deceased owner, or of the survivor of such joint own-^^^'"^®- ers, shall be entitled to be registered as owner in his place. ^^ R.S.O. 1897, c. 138, s. 60. 42!

58, Where two or more persons have been entered asTnansmis- owners of any land or charge, and one of them dies, hisof""one of personal representative may apply to be entered as owner 1%^*"*^ °'^' jointly with the survivor or survivors. R.S.O. 1897, c. 138,

s. 61.

59, Any person registered in tfhe place of a deceased Nature of owner shall hold the land or charge, in respect of which hegistered

is registered, upon the trusts and for the purposes to which owne^"!^ the same is applicable by law, and subject to any unregis-j^^p jg ^ 39 tered estates, rights, interests, or equities subject to which y^- ^- 8^' *• the deceased owner held the same; but otherwise in all re- spects, and in particular as respects any registered dealings with sudh land or charge, he shall be in the same position as if he bad taken such land or cbarge under a transfer for a valuable consideration. R.S.O. 1897, c. 138, s. 62.

60, The fact of any person having be<^ome entitled to Evidence of

11 1 . '^ • r It. 1 J.T- r transmission

any land or charge m consequence of the death of any reg-of registered istered owner, shall be proved in the prescribed manner, ownership. R.S.O. 1897, c. 138, s. 63. v"^'!?* ''

s. 47.

61, Where an heir or devisee applies to be entered as Entry of owner of any registered land, which has vested in him under visee with- The Devolution of Estates Act, the proper Master of Titles to debts of shall make such entry without reference to the liability of^^^^^'

the land for debts, except under executions, copies of which \'^ fj^"^- '^^^■• have been duly lodged; and the liability under that Act of

24

such land or any transferor thereof shall be determined as if such land had not been registered under this Act. 3 Edw. VII. c. 12, s. 9. Amended.

Notice of executions.

Books to kept.

be

Executions and Sale Thereunder.

62. — (1) The sheriff, or other officer to whom the same is directed forthwith after the delivery to him of any execu- tion or other writ, or renewal thereof, affecting registered land, upon written request of the party by whom such execution or other writ was sued out or renewed, or of his solicitor, but not otherwise, shall deliver or transmit by registered post to the proper Master of Titles a copy of the writ certified under his hand ; and no registered land shall be bound by any such writ until such copy has been received by the Master; and after the receipt by him of the copy, no transfer by the execution debtor shall be effectual, except subject to the rights of the execution creditor under the writ.

(2) The Master shall keep a book in the prescribed form, in which shall bo entered a record of all writs, copies of which are received by him from the sheriff or other officer.

(3) No sale or transfer under any such writ shall be valid as against a person purchasing for valuable consideration before such entry is made, notwithstanding that the pur- chaser may have had notice of the writ.

(4) Upon production to the Master of sufficient evidence of the satisfaction of any such writ, he shall cause an entry to be made in the book to that effect, and on such entry the writ shall be deemed to be satisfied.

(5) Every writ and renewal of a writ shall be presumed to have been spent, and the delivery or transmission of a copy thereof shall cease to have effect at the expiration of the writ or renewal as appearing on the copy transmitted; but if there has been a sufficient commencement of the exe- cution to enable it to be completed by the sale and conveyance of the land under the writ, and the same has not been com- pletely executed the sheriff or officer shall, or the execution creditor may, at any time within one month before the expiration of the writ or renewal as so appearing, file with the Master a certificate of the sheriff or officer stating that fact, and such certificate shall be noted at the entry of the writ in the book, and the writ shall continue in force for a further period of one year from the filing of the certificate when it shall cease to have effect unless another similar cer tificate is filed, which shall operate in like manner.

26

(6) Where an execution or other writ is issued against Notice to the registered owner under a different name from that under where writ which he is registered, the writ shall have no effect under owner-sunder' this Act, unless the person who sues out the writ, or hiSnamQ^from solicitor, gives a notice to the Master, stating the name under *g|ist°p *^® which the execution debtor is registered, and otherwise in the

form or to the effect prescribed, or unless a like notice is written upon the copy of the writ.

(7) The sheriff or other officer shall be entitled to a fee of fifty cents for each copy of writ or certificate transmitted by him. E.S.O. 1897, c. 138, s. 64. Amended.

63. Where a transferor or transferee of land, or maker Provision in or owner of a charge, claims that a writ apparently affect- claimed that ing land does not affect the land or charge, he shall pro- Lffe^te^d"by duce such evidence thereof as the proper Master of Titles m ay I^Tiy* affect^" consider necessary, and the Master may require all parties ^'^^ same, interested to be notified of the application to register freed from the writ, and may himself decide the question or may direct an issue to be tried or a case to be stated and may make such order as to costs as he deems just. E.S.O. 1897, c. 138, s. 65.

64. — (1) The seizure under execution or other process of seizure of a mortgage or charge or of leasehold land registered under this ^'^arfei^ or Act, shall not take effect until a certificate of the sheriff or^^^^^'^^'^ other officer that he has taken such mortgage, charge or lease- hold land under such process against the registered owner thereof is lodged with the proper Master of Titles.

(2) The certificate shall state the number of the parcel under which the land affected is registered, and the name of the owner, and shall be noted by the Master in the register.

(3) This section shall not apply where the proceedings 9 Edw. vii.. prescribed by section 23 of The Execution Act have been*^'

taken with respect to a mortgage or charge. R.S.O. 1897, c. 138, s. 66. Amended.

65, Where any registered freehold or leasehold land issaie under sold under execution or other process, the proper Master re'gistered ° of Titles, upon the production to him of the transfer of the*^'^^' same by the sheriff or other officer in the prescribed form, with proof of the due execution thereof, shall cause a notice to be mailed to the proper post-office address of the person whose interest has been sold ; and after the expiration of two weeks from the mailing of the notice, and if no other person has become entitled meanwhile for want of entry of the writ or otherwise, the Master shall register the purcihaser as owner,

4-96

26

V

and shall, if required, issue to him a certificate of ownership in the prescribed form. K.S.O. 1897, c. 138, s. 67; 7 Edw. VII. c. 30, s. 7.

Sales for taxes.

Sale for Taxes.

66. Where land is sold for taxes, the purchaser may at any time after the sale lodge a caution against the transfer of the land; and upon the completion of the time allowed by law for redemption, and upon the production of the transfer of the land in the prescribed form, with proof of the due execution thereof by the proper officer, the proper Master of Titles shall cause a notice to be mailed to the proper post-office address of the persons who appear upon the register to be interested in the land ; and after the expiration of three months from the mailing of the notice, shall register the purchaser at the sale as owner of the land, with an absolute title; and shall, if required, issue to him a certificate of ownership in the prescribed form, unless the registration is in the meantime stayed by order of the Court, and in that case the registration shall not be made, nor shall the certifi- cate be issued, except in accordance with the order and direc- tion of the Court. RS.O. 1897, c. 138, s. 68.

Cancellation of liens registered under 10 Edw. VII., 69.

Cessation of Mechanics' Liens.

67. On its appearing to the satisfaction of the proper Master of Titles that a registered claim for lien under The Mechanics' and Wage Earners' Lien Act has ceased to exist by reason of proceedings not having been taken within the time limited in that behalf, the Master may make an entry accordingly, or an entry cancelling the registered claim ; and the land affected shall thereby be released from the claim. E.S.O. 1897, c. 138, s. 69.

[As to registration of Mechanics' Liens, see The Mechanics' and Wage Earners Lien Act, 10 Edw. VIL c. 69, s. 17.']

PART V.

OTHER DEALINGS WITH REGISTERED LAND.

Registered owner only may make registered disposition.

unregistered ^^' — (1) ^0 person other than the registered owner shall dispositions. ]jg entitled to transfer or charge registered freehold or lease- v"^*c^*8* ^t ^*^-^^ ^^Ta.d. by a registered disposition.

27

(2) Subject to the maintenance of the estate and right of such owner, any person, having a sufficient estate or interest in the land, may create estates, rights, interests and equities in the same manner as he might do if the land were not registered.

(3) Any person entitled to or interested in any unregis- tered estates, rights, interests, or equities in registered land may protect the same« from being impaired by any act of the registered owner, by entering on the register such notices, cautions, inhibitions, or other restrictions as are authorized by this Act.

(4) No person other than the registered owner thereof shall be entitled to transfer a registered charge by a regis- tered disposition; but, subject to the maintenance of the right of such owner, unregistered interests in a registered charge may be created in the same manner and with the same incidents, so far as the difference of the subject matter admits, in and with which unregistered estates and interests may be created in registered land. R.S.O. 1897, c. 138, s. 70. Amended.

Right to Registration.

69. — (1) Every trnsfer or charge signed by a regis- Right of tered owner or others claiming by transfer through, or under chargees, de- him, purporting to transfer or charge freehold or leaseholdto^re^'stra- land, or an interest therein, capable of being registered, or**°"- purporting to transfer a charge, shall, until cut out by a con- flicting registration, confer upon the person intended to take under such transfer or charge, a right to be registered as the owner of such land or charge, and where a person applies to bo registered under this section, the proper Master of Titles may either forthwith, or after requiring such notices to be given as he deems expedient, registor such applicant as owner, subject to such incumbrances, if any, as the condition of the title requires, notwithstanding that the transfer or charge has been executed or bears date prior to the entry of such trans- feror or chargor as the owner of the land or charge.

(2) Any person claiming to be entitled to freehold or Application leasehold land, or to an interest therein, capable of being etc.f^forreg- registered, or to a charge, as devisee, heir, executor or admin- i^tration. istrator of a person who might have been registered under subsection 1, or any person claiming through or under such devisee, heir, executor or administrator, may apply to be registered as owner of such land, interest or charge, and if no conflicting registration has been made, may be so regis- tered subject to the provisions of this section. 99

28

Mode of (3) On registering the applicant, the Master shall, so far

as practicable, enter on the register short particulars of every instrument or other title under which the right is conferred, as if such instrument had been duly presented for registration, or application for entry of transmission had been made in the proper order of time, and as a preliminary step to the registration of the applicant, may enter any intermediate transferee, heir, executor or administrator, as registered owner, where that method ie more convenient.

All persons (4) No application by a person claiming through or under

misf^appiy. a deceased person shall be allowed unless all the persons

entitled to the whole of the estate of the deceased in the

land are to be entered as owners. K.S.O. 1897, c. 138, s. 71.

persona'' (5) The Master may in like manner enter as owner of

taking by freehold or leasehold land or of a charge any person who is from unregris- entitled to such land or charge through the death of the owner, although the deceased had not been registered as owner, or any person who is entitled by virtue of the exercise of any power conferred by a statute, will, deed, or other instrument, whether the person so entitled claims directly from the deceased or directly under the power, or through any other person entitled by virtue of the death or power or through a succession of transfers or transmissions. 1 Edw. VII. c. 16, s. 2.

Notice of Lease.

Liessee may 70. — (1) Any lessee or other person entitled to or inter-

£LPPly for .

registration estcd in a leasc or agreement for a lease of registered land lease. where the term is for a life or lives, or is determinable on

Imp. 38 & 39 a life or lives, or where the period of the lease or agreement v., c. 87, s. yg^ ^Q ^.jjjj^ ^g tjipgg years or upwards, or where the occupa- tion is not in accordance with such lease or agreement may apply to the proper Master of Titles to register notice of such lease or agreement in the prescribed manner. R.S.O. 1897, c. 138, s. 72 (1) ; 7 Edw. VII. c. 30, s. 8.

reg?stering (2) Where the lease is by the registered owner of the

lea^ses.^ °' land, the Master may without notice to him enter on the Imp 38 & 39 I'Ggister such notice thereof as he deems necessary.

v., c. 87. s.

(3) Where the lease is not by the registered owner but his title appears to be subject thereto, or in the case of an agreement for a lease, the Master upon notice to such owner may enter notice of the lease or agreement on the register.

(4) The applicant shall deliver to the Master the original lease or agreement or a copy thereof; and if the applica-

M

51.

89

tion is granted the Master shall make a note on the register identifying the lease or agreement or copy so deposited, and the lease or agreement or copy so deposited shall he deemed to be the instrument of which notice is given. R.S.O. 1897, c. 138, s. 73 (1) ; 7 Edw. VII. c. 30, s. 9.

(5) If the registered owner concurs in a registration under subsection 2 or subsection 3, notice may be entered in such manner as may be agreed upon. R.S.O. 1897, c. 138, s. 73 (2).

(6) When so registered every registered owner of the land and every person deriving title through him, except- ing owners of incumbrances registered prior to the registra- tion of such notice, shall be deemed to be affected with notice of the lease or agreement as being an incumbrance on the land, in respect of which the notice is entered.

(7) Where notice of such lease or agreement has been registered the Master, on proof, to his satisfaction of the determination of the lease or agreement, shall in the pre- scribed manner note the determination on the register. R.S.O. 1897, c. 138, s. 72 (2-3).

(8) Where a notice of a lease or of an agreement for a lease has been registered under this section, a transferee or a chargee of the lease or agreement may apply to have a notice of his transfer or charge entered on the register. New.

(9) Unless the transiferee or chargee has actual notice of a prior transfer or charge, a transfer or charge in respect of which a notice has been entered, shall take priority of one of which notice has not been entered. New.

Notice of Estates in Dower or by the Curtesy.

71. Any person entitled to an estate in dower or by thcRegistration curtesy in any registered land, may apply in the prescribed °stateg*^in °' manner to the proper Master of Titles to register notice (>'^ fh^^^ j-tls ^^ such estate; and the Master, if satisfied of the title of suchipp. 38 & 39

. V c 87 s

person to such estate, shall register notice of the same accord- 52! ingly in the prescribed form; and when so registered, such estate shall be an incumbrance appearing on the register, and shall be dealt with accordingly. R.S.O. 1897, c. "138, 8. 74.

Caution against Registered Dealings.

72. — (1) Any person interested in any way in any land caution or charge registered in the name of any other person, ^ay "^^'"*^^**^'^'

30

tered ^eai- lodge a cautioii with the proper Master of Titles to the effect be lodged. ^ that 110 dealings with such land or charge be had on the part v!!^c.^*8f. I of the registered owner or other named person who is shown ^^- to have an interest in the land until notice has been served

upon the cautioner. R.S.O. 1897, c. 138, s. 75 (1) ; 7 Edw.

VII. c. 30, s. 10.

(2) The caution shall be supported by an affidavit made by the cautioner or his agent or solicitor in the prescribed form, and containing the prescribed particulars.

(3) A person interested under a lease, or agreement for a lease, of which notice has been entered on the register, or a person entitled to an estate in dower, or by the curtesy, cf which notice has been entered on the register, shall not be entitled to lodge a caution in respect of such lease or agree- ment or estate in dower or by the curtesy. RS.O. 1897, c. 138, s. 75.

(4) Every caution founded upon an execution or upon an allegation that a transfer, charge or other dealing is frau- dulent shall be renewed before the expiration of five years from the date of lodging the same, otherwise it shall cease to have effect, and every such caution lodged five years before the passing of this Act shall, unless renewed, cease to have effect one year from the passing of this Act. New^,^ ■

mfedTo'iio-' '^^- — (1) ^^^^'^ ^^y s^^c^ caution has been lodged, the tice of pro- proper Master of Titles shall not, without the consent of the

posed regis- '^ ^. . it • i i i -i i

tered deal- cautioner, register any dealing with the land or charge until

after notice to the cautioner, warning him that his caution

v!!^'c. 87. s. will cease to have any effect after the expiration of the pre-

^*' scribed number of days next ensuing the date at which the

notice is served.

(2) After the expiration of such time the Master shall enter a cessation of the caution unless good cause for its continuance is shown. New.

(3) Upon the caution so ceasing, the land or charge shall be dealt with in the same manner as if no caution had been lodged.

When notice (4) A notice to a cautioner shall not be required where

of proposed \_ i ^• -, ■, . , . , , , .

registered the dealing proposed to be registered is under the authority

need not be of a judgment or order of court in a suit or proceeding to

cautioiier. which the cautioner is a party, or where such dealing is

under a power of sale contained in a charge or mortgage

which is prior to the title under which the cautioner claims,

and the cautioner has been served with a notice of the pro-

9«

31

posed exercise of the power of sale, and the caution is not in respect of the exercise of the power of sale, or where the dealing is of such a nature that it cannot detrimentally affect the interest of the cautioner as claimed in the affidavit filed with his caution.

(5) The Master upon receiving the consent of the cautioner to the registration of a dealing may discharge the caution un- less the consent provides for its continuance, or he may dis- charge the caution as to the land or charge to which the deal- ing applies, but he shall not do so where from the nature of the dealing he is of opinion that the continuance of the cau- tion is contemplated. New. RS.O. 1897, c. 138, s. 76.

74.

(1) Where the registered owner of any freehold or^sistered^^^ leasehold land has executed a transfer or a charge thereof, ing to the but claims that on account of special circumstances shown by of his trans- affidavit the transferee or chargee should not be registered without notice to the registered owner, the proper Master of Titles may permit the registration of a caution by the regis- tered owner. E.S.O. 1897, c. 138, s. 77 (1) ; 7 Edw. VII. c. 30, s. 11.

(2) The registration of such caution shall stay the regis- tration of the transfer until such notice has been served on the cautioner in accordance with the provisions of section 73. R.S.O. 1897, c. 138, s. 77, (2).

75. If before the expiration of the prescribed period the |^^^|ng J^<fe- eautioner or some person on his behalf, appears before the ^^^^?A °^pfjf " proper Master of Titles, and within such period, or such ad-g*ven. ditional period as the Master may allow, gives sufficient imp- 38 & sa security to indemnify every person against any damage that 55!

may be sustained by reason of any dealing with the land or charge being delayed, the Master may delay registering any dealing with the land or charge for such further period as he deems just, or may instead of taking the security register such dealing, subject to the caution on any condition which he thinks fit to impose, as to security or otherwise, or may make such other order as he deems just. E.S.O. 1897, c. 138, 8. 78; 7 Edw. VII. c. 30, s. 12 (1).

76. A second caution by the same cautioner, or by any^ntiT. o' other person in respect of the same matter, shall not be caution, lodged, or if lodged shall not be entered, or have any effect without the special permission of the proper Master of Titles, which may be given either upon terms or without terms, as

he may think proper. R.S.O. 1897, c. 138, s. 79 ; 7 Edw. VII. c. 30, s. 12 (2).

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32

Sale of Standing Timber.

Hai« o' 77. Where timber standing upon registered land is sold

limber. under an agreement in writing, the purchaser, instead of

entering a caution, may deposit the agreement with the proper Master of Titles, and the Master, upon proof of the due exe- cution thereof by the owner, shall register the same as an in- cumbrance upon the land hj entering a memorandum upon the register referring to the instrument and giving shortly the effect thereof. R.S.O. 1897, c. 138, s. 80.

Inhibition against Registered Dealings.

c^u^ror^mas- 78.— (1) The Court or the proper Master of Titles upon

ter ^to^^nhibit the application of any person interested, made in the pre-

deaiings. scribcd manner in relation to any registered land or charge,

Imp. 38 & 39 after directing such inquiries, if any, to be made and notices

57.' ^' ' ^' to be given, and after hearing suet persons as the Court or

Master deems expedient, may issue an order or make an entry

inhibiting for a time, or until the occurrence of an event to

be named in such order or entry, or generally until further

order or entry, any dealing witli registered land or with a

registered charge.

(2) The Court or the Master may make an order or an entry, and may impose any terms or conditions which may be deemed just, and may discharge the order or cancel the entry, with or without costs, and generally act in the premises in such manner as the Justice of the case requires. R.S.O. 1897, c. 138, s. 81.

Power of Registered Owner to Impose Restrictions.

Power to 79. — (1) Where the registered owner of freehold or lease-

strictions on hold land or of a charge desires to place restrictions on trans- reg s er. ferring or charging the land or charge, he may apply to the v!!^'c.^^8*. 's^. proper Master of Titles to make an entry on the register ^*- that no transfer shall be made or charge created unless the

following things, or such of them as the owner may determine,

are done ; that is to say —

(a) Unless notice of any application for a transfer or for the creation of a charge is transmitted by registered post to such address as he may specify to the Master;

(?)) Unless the consent of some person or persons, to be named by the owner, is given to the transfer or the creation of a charge ; or

98

33

(c) Unless some other matter or thing is done as may be required by the applicant and approved by the Master. E.S.O. 1897, c. 138, s. 82; Y Edw. VII. c. 30, s. 13.

(2) If the Master is satisfied of the right of the appli- Master to cant to give such directions, he shall make a note of themtions in on the register, and no transfer shall be made or charge ''*^^'^*^®'^* created except in conformity therewith. v"^'cf \f ^s^

59.'

(3) The Master shall not be required to enter any direc- tion, except upon such terms as to payment of the fees and otherwise as may be prescribed, or to enter any restriction that he may deem unreasonable, or calculated to cause in- convenience.

(4) Any such direction may at any time be withdrawn or modified at the instance of all the persons for the time being appearing by the register to be interested in such direction, and shall also be subject to be set aside by the Court. R.S.O. 1897, c. 138, s. 83 ; 7 Edw. VII. c. 30, s. 13.

PART VI.

SUPPLEMENTAL PROVISIONS.

Notice of Registered Instruments.

80. ITo person other than the parties thereto shall be Notice by deemed to have any notice of the contents of any instru- ^^s'^*'"^**°°- ments other than those mentioned in the existing register of title of the parcel of land or which have been duly entered in the books of the office kept for the entry of instruments received or are in course of entry. R.S.O. 1897, c. 138, s. 84.

Caution Against Entry of Land on Register.

81. — (1) Any person having or claiming such an inter- caution est in any unregistered land as entitles him to object to any^f^JP^^^ ^^f^^' disposition thereof being made without his consent, may ^^-^d- lodge a caution with the proper Master of Titles to the effect imp. 38 & 39 that the cautioner is entitled to notice in the prescribed form, bo! and to be served in the prescribed manner, of any applica- tion that may be made for the registration of such land. ^

(2) Every caution under this section shall be renewed Renewal of before the expiration of five years from the date of lodg-ye»r«. ing the same, otherwise it shall cease to have effect.

6-96

34

(3) No caution registered under this section in respect of any unpatented land shall bo of any validity unless th6 description contained therein specifies the land in accord- ance with the description subsequently contained in the J'atent, or describes the same in such manner that the Master may know that the description in the caution is in- tended to affect the land described in the Patent. R.S.O. 1897, c. 138, s. 85. Amended.

Cautions as to Actions Pending.

pendens ^^' '^ Certificate of lis pendens affecting land shall not

not to be be registered, but any party to an action, or his solicitor, or

any person claiming to be interested in the action, may lodge

A caution subject to the same conditions as in other cases.

RS.O. 1897, c. 138, s. 86.

General Provisions as to Cautions.

Cautioner en- 83. After a caution has been lodged in respect of any notice of imregistered land, and while the same is in force, registra- gistration of tion shall not be made of such land until notice has been

served on the cautioner to appear and oppose such registra- v!!^c.'*8* ^a. *i^°' ^^d until the prescribed time has elapsed after the date •^- of the service of sudh notice, or the cautioner has appeared,

whichever may first happen. R.S.O. 1897, c. 138, s. 88.

suppo?te*d^* ^4. Every caution shall be supported by an affidavit in by affidavit, ^jjg prescribed form, stating the nature of the interest of Imp. 38^& 39 the cautioner, the land to be affected by the caution, and such 61.' ■ ' other matters as may be prescribed. R.S.O. 1897, c. 138, 8. 87.

Caution Wrongfully Lodged.

tioi?^f*o"/*m- ^^- Any person v/ho lodges a caution without reasonable fng^of 1^^^-" cause shall be liable to make to any person who may sustain ^^°^- damage by the lodging of such caution such compensation

v'^c^It* ^^ ^^ ^^^ ^® ji^st; and such compensation shall bo deemed to be 63.' * 'a debt due from the person who has lodged the caution to

the person who has sustained damage. R.S.O. 1897, c. 138,

s. 89.

caution. 86. — ^A caution shall not prejudice the claim or title of

Imp. 38 & 39 ^^y person, and shall have no effect except as in this Act v., c. 87, ». provided. RS.O. 1897, c. 138, s. 90.

8«

Costs.

87. — (1) Any applicant under this Act shall be liable Payment prima facie to pay all costs, charges, and expenses incurred by or in consequence of his application, except where parties v\!^'c. 87, a. whose rights are sufficiently secured without their appearance ^'" object, or where any costs, charges or expenses are incurred unnecessarily or improperly.

(2) The proper Master of Titles may order costs, either as between party and party, or as between solicitor and client to be paid by or to any person, party to any proceeding under this Act, and may give directions as to the fund out of which any costs shall be paid, regard being had to the provisions of subsection 1.

(3) Any person aggrieved by an order of the Master made under this section may appeal in the prescribed man- ner to the Court, which may annul or with or without modi- fication, confirm the order of the Master. K.S.O. 1897, c. 138, s. 91.

(4) If any person disobeys any order of the Master made Enforcement under this section, the Master may certify such disobedience °' order, to the Court, and thereupon, subject to such right of appeal,

the order may be enforced in the like manner and by the like proceedings as if it were an order of the Court. R.S.O. 1897, c. 138, s. 92.

Doubtful Questions of Law or Fact.

88. — (1) Where upon the examination of a title or upon Master may an application with respect to registered land the proper for opinion Master of Titles entertains a doubt as to any matter of law he app^y"for *di- may state a case for the opinion of the Court and may iiame'j^^'^*j*^gj°/^ the parties to it; and where he entertains a doubt as to any^^ ^^ ^ gg matter of fact he may direct an issue to be tricnl foi- tlic pnr- v., c. 87, c. pose of determining such fact. R.S.O. 1897, c l-'JS. 88. 93-94 ; 7 Edw. VII. c. 30, s. 14. Amended.

(2)^ The practice and procedure on and incidental to a case stated or on an issue directed under this section and the right to appeal from the judgment or other determina- tion thereof shall be the same as on a special case or on an issue directed in an action. New.

(3) The powers conferred by this section shall not be exercised by a local Master of Titles except with the approval of the Inspector. New.

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86

Intervention 89. — (1) Where any infant, idiot, lunatic, person of un- case ot inca" sound miud, person absent from Canada, or person yet Eerions*;^ unbom ifl interested in the land in respect of the title to Imp. 38 & 39 which a question arises as aforesaid, any porson interested in v\. c. 87, B. ^|j^, ]jj,jj jjjj^^ apply to the Court for a direction that the opin- i,,ii of the Court to which the case is stated under this Act sliuli be conclusively binding on such infant, idiot, lunatic, person of unsound mind, j>erson altscnt fioiii Canada, or un- born person. R.S.O. 1897, c. 138, s. 95.

Power of (2) The Court shall hear the allegations of all parties

Snd'^interests appearing before it, and may disapprove altogether, or may of incapaci- approve, either with or without modification, of the direc-

tated persons, rf j <• m- i •

o» . «« tions of the proper Master oi iitles m respect to any case

Imp. 38 & 39 1 • 1 /• (1 1

v., c. 87, a. stated as to the title oi land.

77.

(3) The Court may also, if necessary, appoint a guardian or other person to appear on behalf of any infant, idiot, lunatic, person of unsound mind, person absent from Canada, cr unborn person.

(4) The Court, if satisfied that the interests of the person under disability, absent, or unborn, will be sufficiently repre- sented in any case, shall make an order declaring that all persons, with the exceptions, if any, named in the order, are to be conclusively bound; and thereupon all persons, with such exceptions, shall be conclusively bound by the decision of the Court. R.S.O. 1897, c. 138, s. 96.

Certificates of Ownership, Office Copies of Leases, and Certificates of Charge.

Loss of 90. If any certificate of ownership, or office copy of a

ca^e, or*^certi- registered lease or certificate of charge is lost, mislaid, or charge^'or destroyed, the proper Master of Titles, upon being satisfied le^se ^^^^ **' ^^ ^^^^ ia.c,i, may grant a new certificate of ownership or oo . ,„ office copy or certificate of chara-e in place of the former one, 'vTe.''s?, 'I K.S.O. 1897, c. 138, s. 98.

Renewal of 91. The proper Master of Titles, upon the delivery up to cate! oi^'^erti- ^i"^ o^ ^ Certificate of ownership, or of an office copy of a charge?' of registered lease or of a certificate of charge, may grant a new leas^ ^°py °' certificate of ownership or office copy of lease or certificate of charge in place of the one delivered up. R.S.O. 1897, c.

Imp. 38 & 39 ^oQ ftft

v.. c. 87, a. 138, S. 99. 79.

Land certm- 92. A certificate of ownership or certificate of charge cats' of ' shall be prima facie evidence of the matters therein con- o^c'^copy^of Gained, and the office copy of a registered lease shall be

37

lease to be

evidence of the contents of the registered lease. R.S.O. evidence. 1897, c. 138, s. 100. vTc.^^f. ^l

80.

93. Subject to any registered estates, charges, or rights posTt^of 'and' the deposit of the certificate of ownership in the case of free* of'^offlce^copy hold land, and of the office copy of the registered lease in ^^ lease, the case of leasehold land for the purpose of creating a imp. 38 & 39 lien on the land to which such certificate or lease relates, si.' shall be deemed equivalent to a deposit of the title deeds of the land. R.S.O. 1897, c. 138, s. 101.

Incorporeal Hereditaments, Mining Rights and Easements.

94. — (1) The proper Master of Titles may register the^^egistry of owner of any incorporeal hereditament of freehold tenure, ditaments. enjoyed in gross, also the owner of any mines or minerals imp. 38 & 39 where the ownership of the same has been severed from the 82.' '^' *^' *' ownership of the land, in the same manner and with the same incidents in and with which he is by this Act empowered to register the owner of land, or as near thereto as circum- stances admit. RS.O. 1897, c. 138, s. 102.

(2) Where an easement in or over unregistered land Registration is granted as appurtenant to registered land, the Master, when domi- after such examination as he deems necessary, may enter ?^giste?ed. such easement in the register of the dominant land with a declaration that the title thereto is absolute, qualified or pos- sessory, or otherwise as the case may require, a»d shall cause

to be registered in the proper registry division a certificate of such entry.

(3) Where an easement in or over registered land is Certificate of granted as appurtenant to unregistered land the Master maywIfeTdomi- issue a certificate setting out such easement and the land to Cn?egist"?ed. which it is appurtenant, which may be registered in the registry division in which the land is situate and he shall

note on the register that such certificate has been issued. 7 Edw. VII. c. 30, 8. 15.

General Provisions. 95. — (1) There shall not be entered on the register or be ^"^^^'"^"*.

,, .- ° as to regls-

receivable any notice of any trust, express, implied, or con-tration. structive. v"''c^*8? a

83.*

(2) Describing the owner of any freehold or leasehold land frusta, or of any charge us a trustee, whether the beneficiary or ob- ject of the trust is or is not mentioned, shall not be deemed a notice of a trust within the meaning of this section, nor 99

38

Undivided shares.

shall such Joseription impose upon any person dealing with such owner the dulj of making any enquiry as to the power of the own. )■ in respect of the land or charge or the money secured by the charge, or otherwise; but, subject to the regis- tration of any caution or inhibition, such owner may deal with the land or charge as if such description had not been inserted.

(3) Where two or more owners are described as trustees, the property shall be held to be vested in tliem as joint tenants unless the contrary is expressly stated, RS.O. 1897, c. 138, ?. 103, par. 1 ; 2 Edw. VII. c. 19, s. 1.

(4) Nothing in this section shall prevent the registration of a charge given by an incorporated company for the purpose of securing bonds or debentures of the company. 9 Edw. VII. c. 26, s. 15.

96, — (1) No person shall be registered as owner of any undivided share in any freehold or leasehold land or of any charge apar't from the other share or shares.

(2) T'he share of eacli owner may be stated, and where the extent of his interest appears on the register, or by the state- ment of his co-owners, he may transfer or charge his share, or he may without such statement transfer his share to his co-owners. RS.O. 1897, c. 138, s. 103, pars. 1 and 2. amended.

' No surviv- orship."

97. — (1) Where the number of persons who may be regis- tered as the owners of the same freehold or leasehold land or charge is limited by a Rule, a number of persons exceeding the number prescribed shall not be registered as owners of such land or charge; and if the number of persons shewing title exceeds the prescribed number, such of them not exceed- ing the prescribed number as may be agreed upon, or as the proper Master of Titles in case of difference decides, shall be registered as owners.

(2) Upon the registration of two or more persons as ow- ners of tbe same land or of the same charge, an entry may, witb their consent, be made on the register, to the effect that when the number of such owners is reduced below a certain specified number, no registered disposition of such land or charge shall be made, except under the order of the Court.

(3) In such a case the words "No survivorship" in the entry shall be construed to mean that if any one of the owners should die, no registered disposition of the land or charge shall be made except under order of the Court. R.S.O. 1897, c. 138, s. 103, pars. 3, 4, 5.

39

98. — (1) Registered land shall be described in such man- Description ner as the proper Master of Titles deems best calculated to secure accuracy, but such description shall not be conclusive as to the boundaries or extent of the land. #

(2) No alteration shall be made in the registered descrip- tion of land, except under the order of the Court, or under section 119, or by way of explanation, or under Rules of Court; but this provision shall not extend to registered deal- ings with registered land in separate parcels, although such land was originally registered as one parcel. R.S.O. 1897, c. 138, s. 103, pars. 6, 7.

99, — (1) There may be registered as annexed to any land^j""jfQ^^\j°,^j,g which is being or has been registered, subject to general rules or covenants and in the prescribed manner, a condition or covenant that land, such land or any specified portion thereof is not to be built imp. 38 & 39 on, or is to be or not to be used in a particular manner, or si'. ^ any other condition or covenant running with or capable of being legally annexed to land. R.S.O. 1897, c. 138, s. 104 (1); 7 Edw. VII., c. 30, s. 16 (1).

(2) The first owner and every transferee, and every other person deriving title from him, shall be deemed to be aifected with notice of such condition or covenant ; but any such con- dition or covenant may be modified or discharged by order of .the Court, on proof to the satisfaction of the Court that the modification will be beneficial to the persons principally interested in the enforcement of the condition or covenant. R.S.O. 1897, c. 138, s. 104.

(3) The entry on the register of a condition or covenant covenants as running with or annexed to land shall not make it run running with with the land, if such covenant or condition on account of

its nature, or of the manner in which it is expressed, would not otherwise be annexed to or run with the land.

(4 ) Where a condition or covenant has been entered on ^^"^^^^^^|"* the register as annexed to or running with land, and a similar condition is contained in a subsequent transfer or a similar covenant is in express terms entered into with the owner of the land by a subsequent transferee, or vice versa, it shall not be necessary to repeat such condition or covenant on the register or to refer thereto, but the proper Master of Titfles rnay, upon a special application, enter such condition or covenant either in addition to or in lieu of the condition or covenant first mentioned. 7 Edw. VIL, c. 30, s. 16 (2).

100. All the provisions of The TrvMee Act which are Registered not inconsistent with the provisions of this Act shall apply within Rev.

Stat c 129.

40

Imp. 38 & 39 to land and chargers registered under this Act, but this en- V.. c. 8X. 8. g^,jjjjgjj|. gjjaji j-iot prejudice fhe applicability to such land and charges of any provisions of that Act relating to land or choses in action. K.S.O. 1897, c. 138, s. 105.

Indemnity of 101, Neither the Master of Titles, nor any Local Master

Master or « ,„. , ,• i ^i • ,i •.

Titles. of Titles, or any person acting under their authority, or

Imp. 38 & 39 under any order of Court or general rule, shall be liable to & *^" ^^' ^' any action, suit, or proceeding for or in respect of any act or matter bona fide done or omitted to be done in the exer- cise or supposed exercise of the powers conferred by this Act, or of any such order or general rule. R.S.O. 1897, c. 138, s. 106.

* Instruments need not he Sealed.

transfers ^"*^ 102. JiTotwithstanding the provisions of any statute, or may be any rule of law, any charge or transfer of land registered

seal. under this Act may be duly made by an instrument not

under seal, and if so made, the instrument and every agree- ment, stipulation and condition therein shall have the same effect for all purposes as if it were made under seal. R.S.O. 1897, c. 138, s. 107. Amended.

Married Women.

Execution of 103. A married woman shall for the purposes of this

Instruments .,, ,, , , ^ . ■, ■,

by married Act be deemed a feme sole, and may execute without seal any bar of dower or other instrument required under this Act R.S.O. 1897, c. 138, s. 108.

Persons under Disability.

paTty^is"a 104. — (1) In case any person who, if not under disability minor or might have made any application, given any consent, or guardian, done any act, or been party to any proceeding under this act' ^^^ Act, is an infant, an idiot, or a lunatic, the guardian of the Imp. 38 & 39 infant, or committee of the estate of the idiot or lunatic, gg; '^' *'• ^' may make such application, give such consent, do such act, and be party to such proceedings as such person, if free from disability, might have made, given, done or been party to, and shall otherwise represent such person for the pur- poses of this Act.

gmr'dian to ^^^ ^^ *^® infant has no guardian, or the idiot or lunatic act if no has no committe<^ of his estate, or if a person yet unborn

guardian. • • . • t ±,i rv • i t in • i i-i

etc., or Mas- IS interested, the omcial guardian shall act with like power, point som^^' or the proper Master of Titles may appoint a person with like person. power to act for the infant, idiot, lunatic, or person yet un-

born. R.S.O. 1897, c. 138, s. 97. M

41

Plans.

105. — (1) Wiiere land is surveyed and subdivided for Plan of lots the purpose of being sold or conveyed in lots by reference by plan to be to a plan which has not been already registered, the person ^^^^^ ^^^ making the survey and subdivision shall register in the proper Land Titles Office a plan of the land on a scale of not less than one inch to every four chains.

(2) The plan shall show in black India ink the number J^o°ieTh?S?i! of the township, city, town or village lots and range or con- cession as originally laid out, and all the boundary lines

thereof within the limits of the land being subdivided, except where such plan is a subdivision of a lot or lots on a former plan, in which case it shall show in ink of another colour the numbers or other distinguishing marks of the lot or lots subdivided and by broken lines the boundary lines thereof.

(3) The number or other distinguishing mark, and the ^^^^^*g^*^ width both front and rear shall be marked on each lot of the ^"^ ^^aie subdivision in black India ink, the scale shall also be marked

on the plan, and such information as will show the depth of the lots and the courses of all the boundaries of or the divi- sion lines between the same, and the governing line or lines to which such courses are referred shall also be indicated.

(4) The position of all the posts or monuments, if any, m*onuments planted by the surveyor, or of other objects marking the boundaries of any of the lots or the corners thereof shall also

be shown.

(5) The plan shall also show all roads, streets, railway Roads, raii- lands, rivers, canals, streams, lakes, mill-ponds, marshes or ^cf^' ^^"^^^^• other marked topographical features within the limits of the

land so subdivided, together with such other information as is required to show distinctly the position of the land.

(6) On every such plan the lots shall be so described and ^°j^*j^°'^*^e designated by numbers, letters or words, that there shall number, not be more than one lot on such plan described and desig- nated by the same number, letter or word, notwithstanding

that the lots are on different sides of the same street or on different streets or in different blocks, and where the desig- nation is by numbers the lots shall be numbered consecu- tively.

(7) The plan shall also show distinctly what land is being ^hauand is laid out thereby, and shall by proper colouring distinguish '***^ °"^* such land from all other land shown on the plan, but not in

fact laid out thereby, and the last mentioned land shall be sliown uncoloured. 6-96

42

Mounting and filzo of plan.

(8) The plan shall be mounted on stiff pasteboard of good quality, and when it exceeds thirty inches in length by twenty-four inches in width shall be folded so as not to ex- ceed that size, and no such plan shall be less than twenty- four inches in length or twelve inches in width.

To be signed by owner

D owner (^) "^^^ P^^'^ bcforc being registered shall be signed by

and certified the person or the chief officer of the corporation by whom or surveyor, on whose behalf the same is deposited, and shall be certified by an Ontario Land Surveyor in the prescribed form.

Master may require ex- planation.

(10) The proper Master of Titles, before filing the plan, may require evidence to be given explaining any seeming discrepancy between the measurements on the plan and the description of the land in the register, or may require evi- dence respecting any other matter of which he requires ex- planation. New.

See 10 Edw. VII., c. 60, s. 80.

Delivery of plans to municipal treasurers.

(11) Every person who deposits a plan of any survey or subdivision of land made by such person for the purpose of selling or conveying the same in lots, or of any alteration of a previous survey or subdivision, shall at the same time deposit a duplicate of such plan, and the Master shall endorse thereon a certificate showing the number of such plan and the date when the duplicate original thereof was filed with him, and the same shall be delivered by the Master to the treasurer, or assessment commissioner of the local muni- cipality in which the land is situate upon request and with- out fee.

(12) The Master shall not file or register any plan unless and until a duplicate thereof is deposited in accordance with the provisions of subsection 11. R.S.O. 1897, c. 138, s. 109.

1^6. — (1) In cases not provided for by section 105, the

Master may require plan

terld fn^*^' proper Master of Titles may require a person applying for

casS" registration to deposit a plan of the land, with the several

measurements marked thereon, certified by an Ontario Land

Surveyor, and as many counterparts as may be required, upon

one of the following scales : —

Rules 50 and 51 made un- der Imp. Act 38 and 39 V.,

(a) If the land, or the part thereof proposed to be transferred or dealt with, is of less area than one acre, the plan shall be on a scale not less than one inch to two chains;

99

48

(6) If the land, or the part thereof proposed to be transferred or dealt with, is of greater area than one acre, but not exceeding five acres, the plan shall be on a scale not less than one inch to five chains ;

(c) If the land, or the part thereof proposed to be

transferred or dealt with, is of greater area than five acres, but not exceeding eighty acres, the plan shall be on a scale not less than one inch to ten chains;

(d) If the land, or the part thereof proposed to be

transferred or dealt with, is of greater area than . eighty acres, the plan shall be on a scale of one inch to twenty chains.

(2) The owner shall sign the plan and verify its accur- acy before some person authorized under section 132.

(3) If the owner neglects or refuses to comply with such requirements, the Master may refuse to proceed with the registration of the transfer or dealing.

(4) Subsequent subdivisions of the same land may be delineated upon a duplicate of the plan so deposited, if the scale upon which it is drawn permits of that being done in conformity to the provisions of subsection 1 ; and the accuracy of the delineation of each such subdivision shall be certified and verified in the manner prescribed by sub- sections 1 and 2.

(5) Where the land of which a plan is directed to be deposited includes parts of different subdivisions, the plan shall represent the whole of each subdivision and shall indi- cate the location of the land to be transferred ; but this shall not be necessary in the case of lots in a city, town or village, the plan of which has been registered, unless the Master otherwise directs.

See Eules No. 67.

107. In case a plan of subdivision lays out any portion pian of

of the land as a street, road, lane or common, it shall not be finet^or"^''' registered unless on the application of the owner of the land common, subdivided, with the consent in writing of all persons who are registered as mortgagees or chargees thereof. Vide RS.O. 1897, c. 13G, s. 102 (4).

108, All instruments affecting the land or any part in«truments thereof lodged with the proper Master of Titles after a plan J-orm to"'

99 !>'*»•

44

1.-^ i( gistered, shall conform and refer thereto, or registration ,-liiill not be had thereunder, unless the Master under special circMinistances deems it proper to accept the same. Neiu.

Filing plans 109. No plan upon which a road, street or highway less S?than^*66 than 06 feet wide is laid out shall be registered unless and width" until the assent of the proper municipal council is registered

therewith where such assent is by law necessary, and no plan upon which a street, road or lane is laid out shall be filed in any such office unless there is filed therewith the approval of the proper municipal council or unless such plan is ap- proved by a Judge of the County or District Court of the county or district in which the land lies, where the same is not in the County of York or City of Toronto, or by the Master of Titles where the land is in the County of York or City of Toronto, after notice in each case to the proper municipal council. E.S.O. 1897, c. 138, s. 110; 8 Edw. VIL, c. 38, s. 1.

Plan not 110. — (1) No plan, although registered in an office of

uifiess^saie Land Titles, shall be binding on the person registering the ing"^ to^^it°'^*^ same, or upon any other person, unless a sale has been made according to such plan ; and in all cases amendments or alter- ations thereof may be ordered to be made at the instance of the person registering the same or his assigns.

Amendment of plans.

Transfer of plans from registry offices.

(^a) By the High Court, or by a Judge thereof,

(&) Where the land is not in the County of York or City of Toronto, by a Judge of the County or District Court of the county or district in which the land lies, or

(c) Where the land is in the County of York or City of Toronto by the Master of Titles,

if on application for the purpose duly made, and upon hear- ing all persons concerned, it is thought just so to order, and upon such terms and conditions as to costs and otherwise as may be deemed just and expedient.

(2) An appeal shall lie from any such order to the Court of Appeal. R.S.O. 1897, c. 138, s. 111.

111. Where all the lots on any plan of subdivision re- gistered in a registry office are registered under this Act, the proper Master of Titles may require the Registrar to deliver the plan to him to be registered in his office ; and the Registrar shall thereupon deliver the same, taking a receipt therefor. R.S.O. 1897, c. 138, s. 112.

96

46

Notices. 112. — d) Every person whose name is entered on the Address of

criTi 1 1111 1 J! T_ persons on

register as owner oi freenold or leasenold land or oi a cnarge, register, or as cautioner, or as entitled to receive any notice, or in any imp. 38 & 3s other character, shall furnish a place of address in Ontario, gg; *^" '*'• ^' and may from time to time substitute some other place of address in Ontario for that originally furnished.

(2) If any such person fails to furnish a place of address for service, a notice sent by post addressed to such person at the place named in the registered instrument under which he claims, as his place of residence, shall be sufficient, unless the proper Master of Titles otherwise directs. R.S.O. 1897, c. 138, s. 113.

(3). Every notice by this Act required to be given to Service of any person shall be served personally, or sent by registered post directed to such person at the address or last address, v!!\ 87, s. as the case may be, furnished, and unless returned, shall ^ be deemed to have been received by the person addressed within such period, not less than seven days exclusive of the day of posting, as may be prescribed. R.S.O. 1897, c. 138, s. 114.

(4) The envelope containing any notice under this -^ct ^^^^*^™ °' shall have printed thereon the words " Office of Land Titles," post-offloe.

1 • ,^1 -11 /• 1 1 -Imp. 38 & 39

and a request m the prescribed manner lor the return thereoiV.. c. 87. s. to the office of Land Titles, in case the person to whom the notice is addressed cannot be found.

(5) On the return of any envelope containing any notice, the Master shall act in the matter requiring the notice to be given in the manner prescribed. R.S.O. 1897, c. 138, s. 115.

113. A purchaser for valuable consideration when regis- Purchasera tered shall not be affected by the omission to send any notice not by this Act directed to be given, or by the non-receipt thereof, omtssfon to R.S.O. 1897, c. 138, s. 116. "^"^ "°**°^^-

' Imp. 38 &

39 v., c. 87,

Specific Performance. ^' ^^'

114. — (1) Where an action is instituted for the specific ^o""^". °^

. ^ ^ . -. .,,,^ court In ac-

periormance oi a contract relating to registered land, or ation for spe- registered charge, the Court having cognizance of the action ance. may by such mode as it deems expedient, cause all or any per- imp. 38 & 39 sons who have registered estates or rights in the land or 93; *^" ^'' ■" charge, or have entered notices, cautions or inhibitions against the same, to appear in the action, and shew cause why the con- tract should not be specifically performed; and the Court may direct that any order made by the Court in the action shall be binding on such persons or any of them. R.S.O. 1897, c. 138, s. 117. M

46

Costs In ac- (2) All costs awarded to any person so appearing may, cine perform- if the Court so orders, be taxed as between solicitor and ^"*^- client. RS.O. 1897, c. 138, s. 118. Amended.

Imp. 38 ft 39 v.. c. 87, 8. 94.

Rectification of the Register.

Establish- 115. Subject to any estates or rights acquired by regis-

verse title tration in pursuance of this Act, where any Court of com- petent jurisdiction has decided that any person is entitled ^v!!''c^%^ '^ to any estate, right, or interest in or to any registered land or charge, and as a consequence of such decision the Court is of opinion that a rectification of the register is required, the Court may make an order directing the register to be rectified in such manner as may be deemed just. R.S.O. 1897, c. 138, s. 119.

95.

Register to 116, Subject to any estates or rights acquired by regis-

under order tration in pursuance of this Act, if any person is aggrieved

court 1^^ ^^^^ entry made, or by the omission of any entry from the

v!)^cf ^8* ^s^ register, or if default is made or unnecessary delay takes

^^- place in making any entry in tbe register, any person

aggrieved by such entry, omission, default, or delay, may

apply to the Court in the prescribed manner for an order

that the register may be rectified ; and the Court may either

refuse the application with or without costs to be paid by

the applicant, or.may, if satisfied of the justice of the case,

make an order for the rectification of the register. RS.O.

1897, c. 138, s. 120.

Master to 117. The Master of Titles and the Local Masters of Titles

obey orders ^^ • i •

of court shall obey the order of any competent Court in relat;ion to Imp. 38 & 39 any registered land, on being served with the order or an

v..

97.

c. 87, s.

office copy thereof. RS.O. 1897, c. 138, s. 121.

Cancellation of fraudu- lent entries.

118. — (1) Upon the conviction under this Act, or under the Criminal Law of Canada, of any person for an oifence whereby such person fraudulently procured an entry on the register by reason of which any person other than the right- ful owner has become the registered owner of land, or by reason of which land under this Act bas been wrongfully incumbered, the proper Master of Titles, on the application of the rightful owner, may cancel such wrongful entry and may enter the rightful owner as the registered owner of the land.

Where land

has been

transferred

to

Innocent

holder.

(2) If while the wrongful entry was subsisting on the register any ifinocent person has been registered as the owner of any charge upon, or any estate, right or interest in the land, the Master, instead of cancelling the wrongful

M

47

entry may make an entry on the register stating the fact of the conviction and revesting the land in the rightful owner subject to such charge, estate, right or interest, and the land shall thereupon be vested in the person named in such last mentioned entry in accordance with the terms thereof.

(3) This section shall apply to past as well as future cases. 1 Edw. VII., c. 16, s. 1.

119. — (1) The proper Master of Titles may sua sponge Entry of and without affidavit enter a caution to prevent the dealing Master in with any registered land when it appears to him that an error error.** has been made in any entry by mis-description of such land, or otherwise.

(2) Subject to the rules the Master, before the receipt correction of of any conflicting instrument, or after notifying all persons interested, upon such evidence as appears to him sufficient,

may correct errors and supply omissions in certificates of ownership or of charge, or in the register, or in any entry therein, and may call in any outstanding certificate for that purpose. E.S.O. 1897, c. 138, s. 122.

(3) Where the Master under this section restores to the Restoration

. ,. . . T . , , of covenants

register any covenant or condition he may do so with such or conditions

modifications as he deems advisable so as to do the least sation there- possible injury to the persons afi^ected by their omission, or °'* by their restoration, and upon notice to the Attorney-General for Ontario, at the same time or subsequently may determine what damages, if any, shall be paid to any of the persons claiming to have been injuriously affected by the omission of the covenants or by their restoration. 2 Edw. VII., c. 19, s. 2.

120. Where land has been registered under this Act, and e°ro7a "n" °' the Minister of Lands, Forests and Mines under The Public ^^^f^^^^^^^^^^ Lands Act directs an incorrect patent to be cancelled and a Rev. stat. c. correct one to be issued in its stead, the proper Master of

Titles, upon receipt of the subsequent patent, if no conflict- ing instrument has been received, shall amend the entry on the register to accord with the amending patent, or if a con- flicting instrument has been received, the Master, after noti- fying all persons interested, may make such amendment. K.S.O. 1897, c. 138, 8. 123.

Fraud.

121, Subject to the provisions of this Act with respect to Jj^'Jf J'j\®'J,*g^ registered dispositions for valuable consideration, any dis- ^ -„ - ,„

... i»i-i f t tti-i'f' I"1P' 38 & 39

position of land or of a charge on land which, if unregis-v.. c. 87. s. 96

48

tf-iMd, would be fraiidiilont and void, shall, notwithstanding registration, be fraudulent and void in like manner. R.S.O. 18'J7, c. 138, s. 124.

Certain 122. — (1) Any porson who fraudulently procures,

fraudulent ^^^^^^^^g ^^ fraudulently procure, or is privy to the frau-

deciared juicnt procurement of any entry on the register, or of any

offences. erasure from the register or alteration of the register, shall

imp^3|& 39 j^j, guilty of an offence under this Act, and upon conviction

s."'iob. ' shall be liable to imprisonment for any term not exceeding

two years, with or without hard labour, or to be fined such

sum not exceeding $1,000 as the Court before which he is

tried may adjudge.

(2) Any such entry, erasure, or alteration shall be void as between all parties or privies to the fraud. R.S.O. 1897, c. 138, s. 126. Amended.

See The Criminal Code, ss. 175 and Jf20, as to the fraudu- lent registration of titles and maJcing false affidavits.

ASSURANCE FUND.

Assurance fund.

Assurance fund, how constituted.

123. — (1) An Assurance Fund shall be formed for the indemnity of persons who may be wrongfully deprived of land or some estate or interest therein by reason of the land being brought under the provisions of this Act, or by reason of some other person being registered as owner through fraud, or by reason of any misdescription, omission, or other error in a certificate of ownership or of charge or in any entry on the register. R:S.O. 1897, c. 138, s. 130 (1).

(2) In order to constitute such fund, there shall be pay- able on the first registration under this Act of any land with an absolute or qualified title, in addition to all other fees a sum equal to one-fourth of one per cent, of the value of the land apart from the buildings or fixtures thereon, and one- tenth of one per cent, of the value of the buildings and fix- tures, and with a possessory title one-eighth of one per cent, of the value of the land apart from the buildings or fixtures thereon, and one-twentieth of one per cent, of the value of the 'buildings and fixtures. 3 Edw. VII., c. 12, s. 5.

(3) Where the sum to be paid under the foregoing pro- vision does not amount to $1, the amount payable shall be $1. 3 Edw. VII., c. 12, s. 5.

(4) Subject to the rules, money payable under subsections 2 and 3 shall be paid into Court, with the privity of the Accountant of the Supreme Court, and shall be placed to

49

the credit of an accoimt to be intituled "Assurance Fund under the Land Titles Act," and subject to the provision of subsection 5, shall be invested from time to time under the direction of the Court, and the interest or income derived therefrom shall be credited to the same account. R.S.O. 1897, c. 130, s. 130 (3).

(5) All money paid under this section, and in Court at the credit of the "Assurance Fund " and all money hereafter payable under this section shall, on his demand, be paid to the Treasurer of Ontario. 10 Edw, VII., c. 61, part.

(6) Where the amount to be paid into the assurance fund is not more than $10, no fee shall be payable for a direction to the bank to receive the same, and where such amount is payable in respect of a proceeding before a Local Master of Titles, the person desiring to pay the same may, at his own risk, transmit the amount by a money order, payable to " The Accountant of the Supreme Court at Toronto," in a registered letter addressed to the Accountant, together with a requisition in the prescribed form.

(7) Subject to the rules the value of the land shall be valuation ascertained by the oath of the applicant, unless the proper land by Master of Titles dispenses therewith. appUcant.

(8) Subject to the rules, if the oath of the applicant i^ Master may dispensed with, or if the Master is not satisfied as to the valuation, correctness of the value stated by the oath of the applicant

or of any other person, he may require the affidavit or cer- tificate in that behalf of a sworn valuator ; and such affidavit or certificate shall be conclusive.

(9) The expense of obtaining such valuation or certificate as allowed by the Master shall be paid to the Master by the registered ovnier, before any dealing with the land is regis- tered. R.S.O. 1897, c. 138, s. 131.

(10) The Master may require any applicant for registra- Bxpensas of tion to indemnify the Assurance Fund against loss by a bond ^^'"^*'°°" or covenant to His Majesty, either with, or without sureties

or by such other security as he considers expedient. R.S.O. 1897, c. 138, s. 130 (3-7). Amended.

(11) It shall not be necessary that the assurance fees pay- Election to able on first registration bo then paid, but if not then paid for assur- the same shall be a charge on the land, and the amount with ma^de interest at .5 per cent, compounded annually shall be stated c^*""*^®-

in the entry of ownev>;hip to be a charge on the land, and

7-96

60

no subsequent transfer or charge of the land or any trans- mission thereof, or any part thereof, shall be registered, ex- Proviso, cept as is in this section provided, until the amount of snch charge shall have been paid into the Assurance Fund and proper proof of snch payment furnished to the Master, but this subsection shall not apply to cases coming within stib- section 12.

(12) Tn the case of land silnato in any of the Provisional .Indicial Districts where the letters pateiit or a certified copy of the order in council granting the land has been forwarded to the Local Master of Titles for the purpose of registration, and the amount payable into the Assurance Fund is not paid, a note shall be made on the i*egister and on the certificate that the land is liable to pay the assurance fee, and no subsequent transfer or charge of the land or any transmission thereof shall be registered until such assurance fee, namely, a sum equal to one-fourth of one per cent, of the value at the time of payment of the land apart from the buildings or fixtures and one-tenth of one per cent, of the value of the buildings erected on or affixed thereto before the first registration thereof, but not in any case less than one dollar in respect of any parcel, is paid. R.S.O. 1897, c. 138, s. 171 (2) ; 0 Edw. VIL, c. 19, s. 20 (2). Amended.

(13) Where land is sold for taxes, or upon the winding up of a company, or under execution, or under the order of a Court, the Master may register the new immediate ownership subject to such charge, and where part of a parcel is so sold or is expropriated he may, upon proof of payment of the proportion of such assurance fund charge which he deems to be fairly attributable to the part so sold or expro- priated, note in the register the fact of such payment in re- spect of the land so sold or expropriated, and enter that part as free of the charge.

(14) Where land exceeding 400 acres is entered in one parcel the Master, upon a transfer of part of such parcel, may, in like manner, allow payment of a proportionate part of the assurance fees and enter the part transferred free of the charge. 3 Edw. VTT., c. 12, s. 6, amended; 7 Edw. VIT., c. 30, s. 21, amended.

124. — (1) Any person wrongfully deprived of land, or

Remedy of

person

V(r 1*011 cr^ull V

deprived of of some estate or interest. therein, by reason of the land being brought under this Act, or by reason of some other person being registered as owner through fraud or by reason of any misdescription, omission or other error in any certificate of ownership or charge, or in any entry on the register, shall be entitled to recover what is just, by way of compensation

61

or damages, from the person on whose application the erroneous registration was made, or who acquired the title through the fraud or error. K.S.O. 1897, c. 138, s. 132 (1) ; 7 Edw. VIL, c. 30, s. 18.

(2) Subsection 1 shall not render liable any purchaser or mortgagee in good faith for valuable consideration by reason of the vendor or mortgagor having been registered as owner through fraud or error, or having derived title from or through a person registered as owner through fraud or error, whether the fraud or error consists in a wrong description of the property or otherwise.

(3) If the person so wrongfully deprived is unable by such means or otherwise to recover just compensation for his loss, he shall be entitled to have the same paid out of the assurance fund, so far as the fund may be sufficient for that purpose having reference to other charges thereon, if the application is made within six years from the time of having been so deprived; or, in the case of a person under the disability of infancy, lunacy or unsoundness of mind, within six years from the date at which the disability ceased.

(4) The liability of the. fund for compensation and the amount of compensation shall, subject to appeal as in other cases, be determined by the Inspector, unless the Court or the Inspector on application directs some other way of ascer- taining and determining the same.

(5) The costs of the proceedings shall be in the discretion of the Court or of the Inspector.

(6) Any sum paid out of the assurance fund may after- wards for the benefit of the fund be recovered by action in the name of the Inspector, from the person on whose applica- tion the erroneous registration was made, or who acquired the title through the fraud or error or from his estate and th(^ Inspector's certificate of the payment out of the assurance fund shall be sufficient proof of the debt, but where the erroneous registration was made or the title acquired by mere error and without fraud, credit shall be given for any sum which such person may have paid into the assurance fund Jl^^in respect of such land."^^ R.S.O 1807, c. 138, s. 132 (2-5). Amended.

(7) Where a registered disposition would, if unregis-imp. Act, tered, be absolutely void, or where the effect of the error^^'^g ^^• would be to deprive a person of land of which he is in pes-*- "^ ^2>- session, or in receipt of the rents and profits, the Inspector

may in the first instance Or after a reference to the Court 90

52

^cUflcation direct tlie rectification of the regist<^r, and in case of such rectification tlie person suftering by the rectification shall be entitled tn tin compensation provided for by this section. 7 Edw. VIL, c. 30, s. 17.

125. — (1) Where any person makes a claim upon the

pensation claimed out of assurance fund.

Valuation of

where^c^m-' assurance fund for compensation in respect of land patented as mining land or in respect of any land the chief value of which consists in the ores, mines or minerals therein and it appears that such person is entitled to recover in respect of such land or of some interest therein, in determining the amount of compensation to be paid to such person the entire value of the land shall not be taken at a greater sum than eight hundred times the amount of the fees paid into the assurance fund in respect of the land, either in the first in- stance or under the provisions of section 126.

(2) Where such fees or some part thereof were paid into the fund in respect of other land in addition to that for which a claim is so made without it appearang what amount was paid in respect of the particular parcel of land with refer- ence to which the claim is made, the fees so paid, or the portion thereof as to which the fact may not appear to be otherwise, shall be deemed to have been paid -pro rata in accordance with the acreage or other superficial contents of the whole parcel or of the various parcels in respect of which the fees were paid. RS.O. 1897, c. 138, s. 133.

AddlUonal payments into fund by trans- feree, etc.

126. — (1) Where any person taking a transfer or charge of any land coming within the provisions of the next pre- ceding section is of the opinion that a value to be determined under such section would not furnish a fair basis for com- pensation in case of loss he may with the privity of the proper Master of Titles pay into Court to the credit of the assurance fund such further sum as shall with the amount previously paid into the assurance fund in respect of such land make up one-fourth of one per cent, of the value of the land at the time of making the payment, such value to be determined in the manner provided by section 123.

(2) No such additional payment shall be made except by special leave of the Master, unless the same is made within three months after the registration of the transfer or charge under which such person claims.

(3) No such payment shall affect the valuation of the land where the error which gives the right to compensation was committed before such payment was made. R.S.O. 1897, c. 138, s. 134. 96

58

(4) Where anj additional payment is made under this ^J^ ^^ ^^ section, the Master shall enter a memorandum of the particu- additional lars thereof in the margin of the entry of ownership, and shall in such entry show the total amount which has been paid into the fund in respect of such land. R.S.O. 1897, c. 138, s. 135.

127. — (1) 'No person shall he entitled to recover out of No claim to

^1 <• 1 .• 1 compensa-

the assurance lund any compensation where tion from

assurance fund.

(a) The claim is founded upon a right existing at the^®^ ^^^^ time of the first registration of the land and the registered

COUlu 113, V6

state of the title of the land at that time was conveyed such that the person who was first registered, or purchaser the person on whose nomination or authorization without"^ such registration was made by a duly registered "°t*ce. conveyance could have conferred, as against the proviso claimant, a valid title to a purchaser in good faith for valua'ble consideration without notice of any defect in the title; and no sufficient caution had been registered and was in force when the application for first registration was made or a patent was forwarded for registration ^g^ and the proper Master of Titles had not actual ^ct'^No 57 notice of the defect prior to the first registration; isss, s. 53.'

(6) The claimant by direction of the Master or in where

accordance with the practice of the office had had^notice been served with a notice of the proceedings tjo^'^lflf-*'^*" being had in the office, whether such proceed- ^^®**'"^^- ings were prior or subsequent to first registration and failed to appear in accordance with the re- quirements of the notice; or if the Master had adjudicated against him and he had failed to prosecute successfully an appeal against the Master's decision;

(c) The claimant has caused or substantially contri- where

buted to the loss by his act, neglect or default negligence and the omission to register a sufficient caution, j^o^g. caused notice, inhibition or restriction to protect a mort- j,^p ^^.^ gage by deposit or other equitable interest or any ^"^'gr^g' unregistered right, or other equitable interest or subs. '3. any unregistered interest or equity created under section 68 or otherwise shall be deemed neglect within the meaning of this clause.

(2) In this section "Claimant" shall include the per- son actually making the claim and any person through whom »6

64

he claims who he alleges was wrongfully deprived of land or of some estate or interest therein. 3 Edw. Vll,, c. 12, s. 1.

128. — (1) The Treasurer of Ontario on receipt of the money paid to him under subsection 5 of section 123 shall issue to the Accountant of the Supreme Court in trust, Ontario Government Stock to an amount equal to the sum 60 received, and such stock shall represent the assurance fund and be available for the same purposes.

(2) The stock shall be payable or redeemable at such time and shall be subject to such conditions as to inscription, registration and transfer as the Lieutenant-Governor in Council may deem advisable, and shall bear interest at the rate of two and one-half per centum per annum.

(3) The stock, together with the interest thereon shall be charged upon and paid out of the Consolidated Revenue Fund.

(4) All sums which 'become payable out of the assurance fund shall to the extent, but not exceeding the amount, of such fund be paid by the Treasurer of Ontario to the per- sons entitled thereto, out of the Consolidated Revenue Fund, on the production of an order of the Court or a Judge authorizing or directing the payment to be made or of a certified copy thereof, and the sums so paid out shall be credited as payments on account of the stock in the hands of the Accountant, and the amount thereof shall be reduced accordingly. 10 Edw. VII., c. 61, s. 1, part.

WITHDRAWING LAND FROM THE REGISTEY.

Application 129. — (1) Where, after land has been registered, special registe^ed*^^^ circuinstances appear, or subsequently arise, which make it inexpedient that the land should continue under this Act, the owner may apply in the prescribed manner to the proper Master of Titles for the withdrawal of the land from the Act.

CerUficate (2) If the owner proves before the Master that all per-

sons interested in the land pi-oposed to be withdrawn, con- sent to its withdrawal, and satisfies the Master that special circumstances exist which render the withdrawal of such land or a part thereof expedient, the Master may issue his certificate describing the land or such part thereof as the consent covers and as the Master deems proper, in such a manner that the certificate can be properly registered in the registry office for the registry division in which the land is situate, and upon the certificate being issued this Act shall 96

land.

by Master,

55

cease to apply to the land descriibed therein, and the land shall thereafter be subject to the ordinary laws relating to real estate and to the registry laws.

(3) The certificate of a Local Master under this section Application shall not be valid unless approved and countersigned by the Inspector.

of section.

(4) Upon the production of the certificate to the registrar ^^e^'^s^t^atjon of deeds and pa^Tnent of a fee of $1, the same shall be duly registered. RS.O. 1897, c. 138, s. 136.

(5) This section shall not apply to land registered under section 159.

ADMINISTRATION AND MISCELLANEOUS.

Ojjice of Land Registry.

130. There shall be a seal for every office of Land Titles. f^^J^ °* K.S.O. 1897, c. 138, s. 137. imp. 'as* 39

' ' v., c. 87,

8. 107.

131. The Inspector shall prepare and cause to be printed frameVnd and promulgated, such forms and directions as he may deem ^g^^"'*^*^^ requisite or expedient for facilitating proceedings under this ^p^ 38^& 39 Act. R.S.O. 1897, c. 138, s. 138.

132. The proper Master of Titles, or any officer of the tion of office of Land Titles authorized by him in writing, or any °^^^^- person authorized for a like purpose under The Registry vn^^^lT" 60 Act, may administer an oath for any of the purposes of this

Act. R.S.O. 1897, c. 138, s. 139.

133.— (1) The proper Master of Titles in any applica- g^k^^^^^'^^Xe tion made to him may act upon depositions or examinations e^l^tners taken before any of the special examiners appointed by the may be Court, who may administer the requisite oath to any person Master of whose deposition or cross-examination the Master has re- quested such examiner to take, and any such deposition or examination may be taken in shorthand, and any viva voce evidence given before the Master may be taken down by a sworn shorthand writer if the examining party so desires. R.S.O. 1897, c. 138, s. 140.

(2) The Master may name the witnesses to be examined or he may request the examiner to take the examination of all witnes.-es produced by any named person or persons or of any class of witnesses. New.

98

56

if

Power of 134, — ( 1) The proper Master of Titles, "by summons under

SfimmSn " the Seal of his office, may require the attendance of all sudh K^fg^A 39 jK'rsons as he anay think fit in any application made to him v.. c. 109. ,^j^^| j^j^y jj^ ^|jg summons require any person to produce for in- spection any document, deed, instrument or evidence of title to the production of which the applicant or any trustee for him is entitled. K.S.O. 1897, c. 138, s. 141 (1) ; 2 Edw. VIL, c. 19, 8. 3.

(2) He may also, by a like summons, require any person having the custody of any map, plan, or book made or kept m pursuance of any Statute to produce such map, plan, or book for his inspection.

(3) He may examine upon oath any person appearing before him ; and he may allow to every person summoned by him reasonable charges for his attendance,

(4) Any charges allowed by the Master under this section shall be deemed to be charges incurred in or about proceed- ings for registration of land, and may be dealt with accord- ingly.

(5) If any person disobeys any order of the Master made under this section, the Master may certify such diso^bedience to the Court; and thereupon such person may be punished by the Court in the same manner as if the order were the order of the Court. E.S.O. 1897, c. 138, s. 141 (2-5).

Non-attend- ance or refusal to answer questions.

Imp. 38 & 3! v., c. 87, s. 110.

10 Edw. VII., c. 37.

Certificates as to taxes. 4 Edw. VII. c. 23.

(6) If any person, after the delivery to him of the sum- mons, or of a copy thereof, wilfully neglects or refuses to attend in pursuance of the summons or to produce such map, deed, instrument, evidence of title, plan, book, or other docu- ment or to answer upon oath or otherwise such questions as may be lawfully put to him by the Master, he shall incur a penalty not exceeding $50, recoverable under The Ontario Summary Convictions Act.

(7) 1^0 person shall be required to attend in obedience to any summons, or to produce documents unless the fees and allowances for his attendance in accordance with the tariff of the Court are paid or tendered to him. R.S.O. 1897, c. 138, s. 142.

135. The treasurer of the proper municipality upon pay- ment of the fee prescribed by section 130 of The Assessment Act, shall furnish to any person requiring the same in respect of land registered or with reference to which an appli- cation for registration is pending, a certificate of payment of taxes, charges, rates and assessments, in the prescribed

61

form, or as nearly corresponding thereto as the information given by his books of office will allow, and the certificate shall be binding upon the municipality. R.S.O. 189Y, c. 138, c. 143.

136. — (1) In case of the illness or absence of the Master Appointment

- , , of deputy

of Titles or of a Local Master, or for any other cause, the of Master. ]jieutenant-Governor in Council may appoint a person to act as the Deputy pro tempore of the Master or Local Master, and such Deputy, while so acting, shall have all the powers of the Master or Local Master for whom he is appointed Deputy.

(2) A person may bo appointed under this section who shall have power to act from time to time. R.S.O. 1897, c. 138, s. 144. Amended.

(3) In case of the death of a Master the deputy may act until his authority is revoked or a Master is appointed and assumes the duties of his office. New.

Right to Inspect Registry.

137. Subject to such regulations and exceptions and to Right to the payment of such sums as may be fixed by general rules, documents, any person registered as owner of any land or charge, and v!!^c.^^8* ^^ any person authorized by any such owner, or by an order ^- i''^-

of the Court, or by general rule, but no other person, may inspect and make copies of and extracts from any document in the custody of the proper Master of Titles relating to such land or charge. R.S.O. 1897, c. 138, s. 150.

Rules.

138. The Lieutenant-Governor in Council, or the Judges Power to of the Supreme Court, under the authority of sections 122 general and 125 of The Judicature Act, which are to be read as ap-^"^®®' „.„.

. i-A 1 r^ TT-»i« CI ^6V- Stat.

plying to this Act, may make General Rules m respect of the c. 5i. following matters, v c. 87,

s.'lll.

(a) The mode in which the register is to be made and kept;

(h) The forms to be observed, the precautions to be taken, the instruments to be used, the notices to be given, and the evidence to be adduced in all proceedings or in connection with the registra- tion, and in particular with respect to the refer- ence to counsel of any title to land proposed to be registered with an absolute title;

8-96

68

(c) The custody of any instruments coming into an

office of land titles, with power to direct the destruction of any of them where they have be- come altogether superseded by entries on the register or have ceased to have any effect;

(d) The diiti(S which are to be performed by the Mas-

ter of Titles, the Local Masters and other officers employed; and what acts of the Master may be done by other officers ;

(e) The costs to be charged by solicitors in or incidental

to or consequential on the registration of land, or any other matter required to be done for the purpose of carrying this Act into execution, with power to require such costs to be payable by com- mission, percentage, or otherwise, and to bear a certain proportion to the value of the land registered, or to be determined on such other principle as may be thought expedient;

(/) The taxation of such costs and the persons by whom such costs are to be paid ;

(g) Any matter by this Act directed or authorized to be prescribed;

(h) Any other matter or thing, whether similar or not to those above mentioned, in respect of which it may be deemed expedient to make rules for the purpose of carrying this Act into execution. RS.O. 1897, c. 138, s. 152.

Rules (2) Rules may be made in like manner with respect to the

fees. amount of fees payable under this Act, and regard may be

vTc/It? ^^ bad to the following matters: R.S.O. 1897, c. 138, s. 152.

8. 112.

(a) In the case of the registration of land or of any transfer of land on the occasion of a sale, — to the value of the land, as determined by the amount of purchase money; or to the value of it, to be ascertained in such manner as may be prescribed ;

(h) In the case of registration of a charge or of any transfer of a charge, — to the amount of such charge. RS.O. 1897, c. 138, s. 154.

^®®'' 139. — (1) Subject to the rules, the fees payable in respect

of such business as is analogous to the business under T^e

69

Registry Act, shall be the same as the fees payable to the vn^^'^'eo. Registrar under that Act; and all other fees and costs, whether in respect of business done by the Master of Titles, Local Master of Titles or by other officers, or by solicitors under this Act, shall be the same as nearly as may be as are payable in like proceedings in the High Court.

(2) The stamps for all fees payable on a certificate of^^^^^g*^ ownership or a certificate of charge shall be affixed to the to registered

t' transier or

registered transfer or charge and not to the certificate, and charge, all stamps payable in respect of registration shall be affixed to the instruments registered and not to the entry on the register. R.S.O. 1897, c. 138, s. 155.

Appeals.

140. Except as provided by section 110, an appeal shall f^om^^' lie from any act, order, or decision of the Master of Titles or M:aster. a Local Master of Titles under this Act to the High Court,

and from that Court to the Court of Appeal. R.S.O. 1897, c. 138, s. 157.

141. Any person aifected by an order made under this ^^I^^^J™^ Act by the High Court may appeal therefrom to the Court ^^ gg ^ ^g of Appeal within the prescribed time, and subject to the rules v., c. 87,

in like manner as in the case of an appeal from a Divisional Court of the High Court to the Court of Appeal. R.S.O. 1897, c. 138, s. 158.

Errors in Proceedings.

142. No application, order, affidavit, certificate, I'egis- ^roceed^ngs^ tration or. other proceedings shall be invalid by reason of want of any mistake not affecting the substantial justice of the pro- ceeding. R.S.O. 1897, c. 138, s. 159.

Oath of Office and Security hy Officers.

143. — (1) The Master of Titles, before he enters upon oath of the duties of his office, shall take and subscribe before a Judge ° of the Supreme Court the oath of office in the forui fol- lowing:—

I, A.B., do solemnly swear that I will faithfully, and to the best of my ability, perform the duties of the office of Master of Titles.

R.S.O. 1897, c. 138, s. 145.

(2) Every Local Master of Titles and every Deputy of the Master of Titles or of a Local Master, before he enters

96

60

upon the duties of his office, shall take and subscribe an oath of office similar to that required to be taken by the Master of Titles. New.

(3) In the case of a Local Master or of a Deputy of a Local Master, the oath may be taken before a Judge of the County or District Court. New.

(4) The oaths of office shall be transmitted to the Pro- vincial Secretary. New.

Bond of

Master.

144. Before the Master of Titles or a Local Master of Titles enters upon the duties of his office, he shall furnish 9 Edw, viL, security in accordance with the provisions of The Public Ojficers Act. K.S.O. 1897, c. 138, s. 146.

Masters or Officers not to Act as Agents for Investors.

c. 6

Master, etc., not to act as

145. — (1) No Master of Titles, officer or clerk appointed agent, etc. under this Act, shall, directly or indirectly, act as the agent

of Investors. . ^ . "^ "^ ' . ^.

of any corporation, society, company, or person investing money and taking securities on land, or advise for any fee or reward, or otherwise, upon titles to land, or practise as a con- veyancer or carry on or transact within the office any business or occupation other than his duties as such Master, officer or clerk, or as holder of some other office under the Govern- ment of Ontario.

(2) This section shall apply to every Local Master, but as applied to him, and the officers and clerks in his office, the word " land " shall mean land within the county, city, town or district for which he is Local Master. E.S.O. 1897, c. 138, s. 149.

EXTENSION OF ACT TO OTIIEK LOCALITIES AND EXPENSES.

Adoption of Act by munici- pality.

146. — (1) The municipal council of a county, or of a city or town separated from the county for municipal pur- poses, may pass a by-law declaring it expedient that the provisions of this Act be extended to the county, city or town.

York.^'city (^) "^^^ municipal corporations of the County of York

and''^other° ^^^ ^^^ ^^ Toronto and of any county, city or town which places where has passed or shall pass a by-law under subsection 1, shall to supply provide proper fire-proof and other accommodation for an office of Land Titles; and, so far as the expenses of the office are not covered by the fees collected thereat, the cor- poration shall pay the same, including the salary of the Master of Titles of the locality, and all necessary and pro- 96

accommo dation, etc.

01

per books, stationery, furniture, and lighting, cleaning and iieating of the office, and attendance, and other matters and things incident to the proper conduct of the business of the office.

(3) Where this Act is extended to a county which in- cludes a city or town separated from the county for muni- cipal purposes, the city or town and county shall share the expenses to be borne by the locality under this Act, in such proportions as may be determined by arbitration under The ^ ^^^ ^^^ Municipal Act, in case the councils interested do not agree c. i9.

in respect thereto. E.S.O. 1897, c. 138, s. 160.

(4) Where such a by-law has been passed, and proper prociama- accommodation has been provided either in connection with [J^'^^®^,^*|^'^" the registry office or at some other convenient place, to the "^^'^^'P^^ty- satisfaction of the Inspector, and approved by the Lieuten- ant-Governor in Council, the Lieutenant-Governor may, by

his proclamation, extend the operation of this Act to such county, city, or town, from a day to be named in the pro- clamation.

(5) The fact of the conditions precedent to the issue of such proclamation having been performed shall be conclus- ively established by the issue of the proclamation. R.S.O. 1897, c. 138, s. 161.

147, — (1) Where not less than twenty ratepayers of any Extension of county in which is situate a city or a town to which the pro- ^^Act^'on visions of this Act have been extended, who are owners of p®*'*'^'^ °'

1 1 • • 1 c 1 11 owners.

land situate m such county of the aggregate assessed value of $400,000, petition the Lieutenant-Governor in Council for the issue of a proclamation extending the provisions of this Act to the county, and the Lieutenant-Governor in Council declares that it is expedient that the same should be so ex- tended, the provisions of section 146 shall apply to such county as fully as they would have been applicable had a by-law been passed by the council of the county.

(2) In the cases provided for by subsection 1, the Local Master shall not be entitled to be paid a salary, unless the county council passes a resolution for the payment to him of a salary to be provided by the county, but such Local Master shall be entitled to retain for his own use the fees collected. upon proceedings in his office.

(3) All costs and expenses incurred in introducing the Land Titles system into the county, or incurred during one year thereafter in connection therewith, shall be paid by the petitioners.

96

63

(4) The owners of land which is assessed as land of non- residents shall be deemed ratepayers within the meaning of this section. 7 Edw. VII. c. 30, s. 19.

r

Surplus fees under 10 Edw. VII., c. 60, to be applied in defraying expenses of Land Titles Office.

148, — Where this Act applies to a county, city or town entitled to receive money under sections 101 and 102 of The Registry Act, the registrar shall pay to the Treasurer of Ontario, to be applied, so far as necessary, in defraying the salary of the Master and other expenses of the office, the money payable either directly or indirectly, to the county, city, or town under that Act, and the Treasurer shall pay the balance to the county, city or town; and if the amount £0 paid to the Treasurer is not sufficient, the residue, or if nothing is payable by the registrar, the whole of such salary and expenses shall be made good to the Province by the cor- poration of the county, city or town. R.S.O. 1897, c. 138, s. 162. Amended.

LOCAL MASTERS OF TITLES.

Local

Masters of Titles ex-offlcio. 10 Edw. VII., c. 59.

149. — (1) Where at the time of the issue of a proclama- tion under section 146 there is a Referee of Titles under The Quieting Titles Act, residing in the locality, such referee shall ex-ojficio be the first Local Master of Titles therefor, unless he practises as a barrister or solicitor, or is a Judge of the County Court, and he shall hold the office dur- ing the pleasure of the Lieutenant-Governor in Council. R.S.O. 1897, c. 138, s. 163.

Appoint- ment of Local Masters.

Qualifica- tion.

Salary.

Rev. StaL c. 51.

(2) Subject to the provisions of subsection 1, the Lieuten- ant-Governor in Council may appoint a Master of Titles for any locality in which this Act is in force, to be styled " The Local Master of Titles " for the county, city, town or district, as the case may be, who shall hold office during pleasure.

(3) The person appointed may, in the discretion of the Lieutenant-Governor in Council, be a Judge of a County or District Court, a barrister or solicitor, whether practis- ing or not, or a registrar. R.S.O. 1897, c. 138, s. 164 (1, 2).

(4) The Local Master of Titles shall be paid by salary or fees for his services in that capacity, such salary to be fixed by the Lieutenant-Governor in Council from time to time, with reference to the amount or probable amount of the business, on the report of the Inspector.

(5) The Order in Council shall be laid before the Assem- bly, as provided in respect of Orders in Council under sec- tion 187 of The Judicature Act. R.S.O. 1897, c. 138, s. 164 (3) ; 2 Edw. VIL c. 19, s. 4.

68

(()) The Lieutenant-Governor in Council may commute Commuta- the fees payable to a Registrar of Deeds or Local Master of Registrar of Titles, in any county or district whether both offices arcMaster^of held by one officer or otherwise for a fixed sum each year, '^**^®* provided that such sum shall not exceed the income which such Registrar or Local Master would have derived from fees during such year, and the fees so commuted shall on or before the 15th day of January in each year be paid over to the Treasurer of the Province in the case of a district for the use of the Province, and in the case of a county or city shall be subject to such division between such county or city and the Province as the Lieutenant-Governor in Council may direct.

(7) Where such Registrar or Local Master holds office for part of a year, he or his executors or administrators shall be entitled to the just proportion of such commuted fixed sum. 10 Edw. VII. c. 26, s. 36.

DUTIES AND POWERS OF LOCAL MASTERS.

150. Except where otherwise provided by this Act, every Master's Local Master of Titles, in respect to land situate within the ^JJ^^^utj^s territory for which he is appointed, shall have all the author- ity of and perform all the duties which, in the County of York, are performed by the Master of Titles, subject to appeal in the same manner. R.S.O. 1897, c. 138, s. 165.

First Registration.

151. — (1) If, upon an application for first registration, J^^^ to the Local Master of Titles finds that the applicant, or liis^tme^eeds nominee, is entitled to be registered, he shall sign a "^^mo- etc.. ^to^^ randuni to that effect at the foot of the application, and shall transmit the same to the Inspector, with the deeds, evidence, and other papers before him, and a draft of the entry of ownership proposed to be made.

(2) If the Inspector concurs in the opinion of the I>ocal Proceedings Master, he shall approve thereof and shall return the papers inspector transmitted to him, and the Local Master may thereupon Master's register the applicant, or his nominee, as owner. finding.

(3) If the Inspector does not concur in the opinion of the proceedings Local Master, he shall communicate his opinion to the inspector Local Master and shall cause such action to be taken as hej^^^".^* deems expedient, and if his objections are not removed by

90

64

pxplanations or adflitional evidence, the applicant or his nominee shall not be registered, unless the Court on appeal, or on a case stated for its opinion, otherwise directs.

procee'dingB (4) ^^ there is a contest upon the decision of the Inspec- appeal* tor concurring in the Local Master's opinion, registration

desired. shall bo dolajed for ten days to enable anyone who so desires to appeal. RS.O. 1897, c. 138, s. 166.

Applications for first regrlstration la ddstrlcts.

152. — (1) Until an Inspector is appointed, applications for first registration in the Provisional Judical Districts not coming within sections 159, 160 and 162 shall be made to the Master of Titles and not to the Local Master for the district, and upon the Master of Titles finding that an applicant is entitled to be registered he shall issue his certificate to that effect to the Local Master who shall thereupon register the land in accordance with the terms of such certificate. 3 Edw. VIL c. 12, s. 7; r Edw. VII. c. 30, s. 23. Amended.

Duty of

registrar

district

when

required

forward

documents

of title to

Master.

of

to

153. Sections 151 and 152 shall not apply to applications coming within sections 159, 160 and 162, or to applications for a possessory title, or for the registration of leasehold land where the freehold or other estate out of which the lease is derived is registered land, or Avhere a declaration of the title of the lessor to grant the lease is not required. 7 Edw. VII. c. 30, s. 23. Amended.

154, — (1) Where an application is made under section 152 the Master of Titles may request the registrar of the registry division in which the land lies to transmit by regis- tered post, or by express, any instrument appearing on the abstract, or required in connection with the application, which the Master desires to examine.

(2) The registrar shall comply with such request and shall, with such documents, send a list of all the documents transmitted and shall retain a copy of the list.

(3) The Master shall return the documents, as soon as practicable, by registered post or by express, sending there- with to the registrar a list of all the documents so returned and keeping a copy of the list.

(4) The registrar, in addition to his usual fees for the production of a document, shall be entitled to an additional fee of 10 cents for each document transmitted as compensa- tion for his trouble in respect of such transmission, the prep- aration of the list and returning the documents to their proper files. 3 Edw. VII. c. 12, s. 8. Amended.

«s

Stibae^ent Registration.

155. If on the application for the registration of an in- Submisrion strument after a first registration or for the registration of inspector a transmission, the Local Master of Titles is unable to come Master in to a clear conclusion as to the action which he should take, ^°"^*' he shall delay making the required entry until he has stated the facts to the Inspector for his opinion and in submitting the case the Local Master shall state his own view and his reasons therefor. R.S.O. 1897, c. 138, s. 167.

INSPECTOB OF OFFICES OF LAND TITLES.

156. — (1) The Lieutenant-Governor in Council may ap- Appoint- point an officer, to be called " The Inspector of Land Titles' j^^^tor Offices." R.S.O. 1897, c. 138, s. 168 (1); 7 Edw. VIL c. 30, 8. 20.

(2) The Inspector shall, subject to the rules, have the like Dutiea powers and duties as an Inspector under The Quieting Titles* lo e<jw. Act, and as an Inspector under The Registry Act, respec- ^J'eof' ^* tively, and such other duties as may be required of him by the rules, or as he may be required by the Lieutenant-Gover- nor in Council to perform.

(3) The salary of the Inspector, his travelling expenses. Salary, and all expenses of and incidental to his office, shall be paid by the Province, and shall be repaid to the Treasurer of Ontario by the corporations of the localities in which this Act is from time to time in operation, in such proportions as after a report from the Inspector the Lieutenant-Gover- nor in Council may determine. R.S.O. 1897, c. 138, s. 168. PaH.

157. Until an Inspector is appointed, the duties of the Perform- Inspector shall be performed by the Master of Titles, or by dutiM**^inui some other person authorized by the Lieutenant-Governor J^^p^^J^^ in Council, and the expenses of and incidental thereto shall, in like manner as is hereinbefore provided be repaid to the Treasurfr. RS.O. 1897, c. 138, s. 168. Part.

158. In all matters decided by the Inspector which are of ^PPe'L'*"**™ like character as matters over which the Master of Titles has jurisdiction in the County of York, an appeal shall lie from any act, order or decision of the Inspector to the High Court, and from that Court to the Court of Appeal. R.S.O. 1897, c. 138, s. 168. Part.

9-96

66

Letters

Patent or

Order-ln-

Coundl

grrartlng

lands in

certain

district's,

registration

of.

KEOISTRATION OF NEWLY PATENTED LANDS IN DISTEICTS.

159. — (1) Where any land situate in a Provisional Judi- cial District is granted by letters patent or by order of the Lieutenant-Governor in Council, the letters patent or a cer- tified copy of the Order in Council shall be forwarded to the Local Master of Titles of the District for the purpose of the grantee being entered as the first registered owner of the land, with any necessary qualifications.

(2) Subsection 1 shall not apply to land covered with the waters of Lake Huron adjacent to the Great Manitoulin Island, Cockburn Island or Fitzwilliam Island, in the Dis- trict of Manitoulin, or adjacent to any island which, in whole or in part, lies between headland and headland around such three Islands. 6 Edw. VII. c. 19, s. 20.

(3) It shall not be necessary to issue a notice in respect of a caution or adverse claim which has been lodged, if by the certificate of the Minister or Deputy Minister of Lands, Forests and Mines it appears that the claim in respect of which such caution or adverse claim was lodged was con- sidered by the Minister and disposed of before the issue of the patent ; and if before the receipt of such a certificate any proceedings have been taken by a Local Master in respect of such caution or adverse claim, he shall thereupon discontinue the same, and disallow any objection or claim founded there- on, and make such order as to costs as he deems just.

(4) Where there is no contest as to the rights of the parties the Local Master may make the requisite entry and issue his certificate; but in case of a contest, he shall trans- mit the papers to the Inspector before registering the patentee as owner, and shall otherwise proceed as provided in section 151.

(5) Where the cautioner consents to the registration of the patentee the Local Master need not issue any notice on account of such caution.

Patents demising: lands for term of years declared within this section.

Resist nation of Dominion patentees.

(6) Letters Patent from the Crown demising land, or mining rights for a term of years, or for any greater estate, granted on or after the 31st day of December, 1887, shall be deemed to have been and to be within the provisions of this section. K.S.O. 1897, c. 138, s. 1(\\) (3-6); (52 V. (1) c. 2, s. 1. Amended.

160. Where land situate in a Provisional Judicial District has been patented by the Government of Canada the Local Master of Titles shall have authority to register the patentee

67

as owner of such land and may do so without submitting his finding upon the application to the Inspector for his concur- rence. 6 Edw. VII. c. 19, s. 20 (3).

161. — (1) Upon an entry of ownership being made, the Notice by Local Master of Titles shall, in the prescribed form, notify sheriff^ the sheriff in whose bailiwick the land lies of the entry of the patentee as owner.

(2) The notice shall be sent by registered post, and no entry of any dealing with the land shall be made in the regis- ter until fourteen days after the mailing of the notice, unless proof is previously made that the land is not liable to any execution.

(3) The sheriff, upon receipt of the notice, g^hall forthwith transmit to the Local Master a copy of any execution in his hands affecting the land of the patentee, and if within the fourteen days no copy of an execution against the land of the patentee is received from the sheriff, the Local Master may assume that the land is not subject to any execution and may enter subsequent dealings with the land accordingly; and as against such entry no claim shall afterwards be sustained in respect of an execution against the patentee.

(4) Where the Local Master receives from the sheriff a Entry copy of an execution affecting the land, an entry thereof fo/taxes or shall be made against the land and all dealings with it shall execuuon be subject to such execution. K.S.O. 1897, c. 138, s. 172 received. (1-4) ; 7 Edw. VII. c. 30, s. 22. sii-JiJ

162. — (1) Where a patent for land is forwarded to ^^^S^Seree Local Master of Titles under section 159, and it is made toof ,patente«. appear to him that the patentee since the date of the patent"" has transferred the land to some other person, the trans- feree, or in case of a further transfer or transfers the ultimate tansferee of the land, shall be entered as the first registered owner, and shall be described as the transferee of the patentee or otherwise according to the fact. R.S.O. 1897, c. 138, s. 170.

(2) Before entering a transferee as first registered owner, the Local Master shall require evidence to be produced shew- ing that there is no execution affecting the land. New.

163. Where notices or other proceedings are necessary, ^e««^P2f»we the Local Master shall be entitled to charge in addition to Master, his disbursements the like fees as are payable to the Master of Titles in respect of similar proceedings, and where notices are

M

68

not necessary the Local Master shall be entitled to charge hii actual disbursements. R.S.O. 1897, c. 138, s. 172 (6, 6). Amended.

Rep— I. 164. The following Acts and parts of Acts are repealed:

chapter 188 of Revised Statutes of Ontario, 1897, chapter 16 of the Acts passed in the 1st year, chapter 19 of the Acts passed in the 2nd year, chapter 12 of the Acts passed in the 3rd year, section 20 of chapter 19 of the Acts passed in the Gth year, chapter 30 of the Acts passed in the 7th year, chapter 38 of the Acts passed in the 8th year, section 15 of chapter 26 of the Acts passed in the 9t'h year, section 36 of chapter 26, and chapter 61 of the Acts passed in the 10th year of the reign of His late Majesty King Edward VII.

J^^165. This Act shall come into force on the

day of

1911.

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to 1.

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No. 96.

BILL

1911.

An Act to simplify Titles and to facilitate the Transfer of Land.

Short title, s. 1. Application of Act, etc., s. 2. Interpretation, s. 3. Power of judge in chambers, s. 4.

Part I.

Land Registry in County of

York, s. 5. First Registration of land, ss.

6-15.

Part II. Leasehold land, ss. 16-21.

Part III. First registration, how ef- fected, ss. 22, 23. Llaljility to easements and

other rights, ss. 24, 25. Incumhrance existing at first

registration, ss. 26-28. No acquisition of title by ad- verse possession, s. 29.

Part IV. Transfer and mortgage of reg- istered LAND, ss. 30-55.

Mortgage of registered land, ss. 30-37.

Transfer of land, ss. 38-45.

Claims for dower, ss. 46, 47.

Transfer of leaseholds, ss. 48- 53.

Transfer of charges, s. 54.

Time of registration, s. 55.

Transmission of land and charges on death of owner, ss. 56-61.

Executions and sale under, ss. 62-65.

Sales for taxes, s. 66. Mechanics' liens, s. 67.

Part V. Other dealings with beqistered LAND, ss. 68-79. 98

Registered owner only may

make registered disposition,

s. 68. Right to registration, s. 69. Notices of leases, s. 70. Notice of estates in dower or

by the curtesj', s. 71. Caution against registered

dealings, ss. 72-76. Sale of standing timber, s. 77. Inhibition against registered

dealings without order of

Court, s. 78. Power of registered owner to

impose restrictions, s. 79.

Part VI.

Supplemental provisions, ss. 80- 163.

Notice by registration, s. 80.

Caution against entry of lands ON register, ss. 81-86.

Penalty where caution wrong- fully LODGED, ETC., S. 85.

Costs, s. 87.

Doubtful questions arising on

TITLE, S. 88.

Persons under incapacity, s. 89.

Land certificates, office copies of leases and certificates op charge, ss. 90-93.

Registry of special heredita- ments, ss. 94.

General provisions, ss. 95-103. Persons under disability, s. 104.

Plans, sS. 105-108.

Notices, ss. 112-113.

Specific performance, s. 114.

Rectification of register, ss. 115-120.

Fraudulent acts and disposi- TioNS, ss. 121-122.

Assurance fund, ss. 123-128.

Wttiidbawino land from reg- istry, 8. 129.

Administration of law and

mi8cem.aneous, ss. 130-146. Conduct of business in office

of Land Titles, ss. 130-132. Depositions and witnesses, ss.

133, 13.. Certificate as to taxes, s. 135. Deputy of Master, s. 136. Right to inspect registry, s.

137. General rules, and rules as to

fees, s. 138. Fees payable, s. 139. Appeals, ss. 140-141. Irregularities, s. 142.

Oath of office and sureties, ss.

143-144. Master, etc., not to act for investors, s. 145.

Extension to other localities and expenses, 8s. 146-148.

Local Masters of Titles, ss. 149-155.

Inspector of Land Titles' of- fices, ss. 156-158.

Registration of newly patent- ed lands in districts, ss. 159-163.

Repeal, b. 164.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of On- tario, enacts as follovsrs: —

PBELIMINAEY.

Short title.

Application of Act.

1. This Act may be cited as The Land Titles Act.

1897, s. 138, s. 1.

RS.O.

2. This Act shall, subject to section 146, apply to the County of York, including the City of Toronto, the County of Elgin, including the City of St. Thomas, the County of Ontario, the City of Ottawa and the County of Carleton, and to Provisional Judicial Districts only, and the Land Regis- tries heretofore established for the said counties and dis- tricts are hereby continued. R.S.O. 1897, c. 138, s. 2, and Orders in Council of 27th July, 1899, and 4th December, 1907.

Interpreta- tion.

Court.

Greneral Rules.

Inspector.

OwneJ. Preacrlbed.

Proper lAaster of Title*.

3. In this Act

(a) " Court " shall mean the High Court.

(&) " General Rules " or "Rules " shall mean the Rules made in pursuance of this Act or of any Act repealed by it.

(c) " Inspector " shall mean Inspector of Land Titles Offices, and shall include a person acting as Inspector of Land Titles Offices under the authority conferred by this Act.

{d) " Owner " shall mean owner in fee simple ;

(e) " Prescribed " shall mean prescribed by this Act or by any general rules made in pursuance of this Act.

(/) " Proper Master of Titles " shall mean the Master of

Titles or Local Master in whose office the land affected or 90

8

intended to be affected by any proceeding, instrument or document is or may be registered

(g) " Eegistered " shall mean registered under this Act. Registered.

. , Sworn

(h) "Sworn Valuator" shall mean a person appointed Valuator, with the approval of the Lieutenant-Governor in Council, to value land under this Act. R.S.O. 1897, c. 138, s. 3.

4 Any jurisdiction of the court under this Act may te J^^^f® "g^y^.^ exercised by a judge of the court whether sitting in court or or cham- in chambers. R.S.O. 1897, c. 138, s. 3, paH. *"*

PART I.

ENTRY OF LAND ON EEGISTER OF TITLE.

5. The Land Registry for the County of York shall be Land conducted by an officer to be called the Master of Titles, fof^ county who shall be a barrister of not less than ten years' standing "^ ^^J^'^con at the Bar of Ontario, and shall be appointed by the Lieuten- ^asf^r 'of ant-Governor in Council by commission under the Great Seal Titles. R.S.O. 1897, c. 138, s. 4. 3^^,^^. fi,

ss. 5,' 106. '

6. — (1) Any person entitled for his own benefit at law or Application in equity to an estate in fee simple in land, whether or not tration subject to incumbrances, or any person capable of disposing Absolute for his own benefit by way of sale of an estate in fee simple sory "tuie^ in land, whether or not subject to incumbrances, may apply j^^^p gg ^ to the proper Master of Titles to be registered under this Act, 39 v.. c. 87 or to have registered in his stead any nominee as owner of such land, with an Absolute, Qualified or Possessory title, as the case may be. R.S.O. 1897, c. 138, s. 5.

(2) Any person who has contracted to buy for his own Application benefit an estate in fee simple in land, whether or not sub- purchaser. ject to incumbrances, may also apply if the vendor consents imp. 38 & to the application. R.S.O. 1897, c. 138, s. 6. ^l l' *=• "•

(3) The Attorney-General for Canada, or the Attorney- Application General for Ontario, may apply in like manner in respect ^^ crown, to the title of the Cro^vn to any land ; and the practice and ^^^ ^^ f^ procedure upon the application shall be the same as in ordiii- s. 65.

ary cases. R.S.O. 1897, c. 138, s. 7.

90

Trustees and Mortgagees.

eic"^^may '^- — C^) ^^J person holding land on trust for sale, and ^®'L^y ^ any trustee, mortsragee, or other person having a power of

medium of ,<^. , / » ° ' . , ^ , ^ i t

registry, Selling land, may authorize the purchaser to make an appli- themseives cation to be registered as owner with any title with which registered. ^^ owner is authorized to be registered, and may consent to 39^ V. ^c. fi. the performance of the contract being conditional on his ^- ^^- being so registered; or any of such persons, except a mort-

gagee, may himself apply to be registered as such owner with the consent of the persons (if any) whose consent is required to the exercise by the applicant of his trust or power of sale.

(2) A mortgagee having a power of selling land, may apply to have the mortgagor or other person owning the equity of redemption registered as owner with any such title.

(3) The amount of all costs, charges, and expenses pro- perly incurred by such person, in or about the application, shall be ascertained and declared by the proper Master of Titles, and shall be deemed to be costs, charges, and expenses properly incurred by such person in the execution of his trust or in pursuance of his power ; and he may retain or reimburse the same to, himself out of any money coming to him under the trust or power, and he shall not be liable to any account in respect thereof. R.S.O. 1897, c. 138, s. 8.

Tart Owners.

o/^pl/t^^ °" 8, — (1) Any two or more persons entitled concurrently or

owners. successively, or partly in one mode and partly in another, to

39^ V ^c^ fi ^^^^^ estates, rights, or interests in land as together make up

s- 69. such an estate as would, if vested in one person, entitle him to

be registered as owner of the land, may, subject as in this

Act mentioned with respect to the number of persons to be

registered in respect of the same land, apply to the propel

Master of Titles to be registered as joint owners, in the same

manner and with the same incidents, so far as circumstances

admit, in and with whidh it is in this Act declared that an

individual owner may be registered. R.S.O. 1897, c. 138,

s. 9.

registration (2) Where Several persons are so registered as owners, the

owners* entry may, if the parties so desire, define the estates, rights

and interests, other than trust estates, rights and interests,

to which the owners are respectively entitled, and such

entry may be made either upon first registration or subse-

96

6

quently in case the estates, rights or interests so arise. R.S.O. 1897, c. 138, s. 10.

(3j Persons entitled to several estates, as mentioned in what subsection 1, or owners who are tenants in common or joint plrt tenants, shall be entitled to take out one certificate in respect ^y^'iake of the whole estate, or each person may, when the extent of °"*- his interest is defined, take out a certificate in respect of his own estate ; but when a certificate for the whole is outstanding no separate certificate shall be issued till the outstanding certificate is returned and cancelled. R.S.O. 1897, c. 138, 8. 11.

Absolute Titles.

9. Where an absolute title is required, the applicant or his Evidence nominee shall not be registered as owner of the fee simple absolute unless and until the title is approved by the proper Master of required. Titles. K.S.O. 1897, c. 138, s. 12. i^p^ ^^ &

s. 6.* '

10, The first registration of a person as owner of land, Estate of 111 this Act referred to as first registered owner, with an registered absolute title, shall vest in the person so registered an estate absolute in fee simple in such land, together with all rights, privileges, *'*^^®"

and appurtenances belonging or appurtenant thereto, subject 3^^ ^^ pj as follows : ^- '^•

(a) To the incumbrances, if any, entered on the register ;

(&) To such liabilities, rights and interests, if any, as are declared for the purposes of this Act not to be incumbrances, unless the contrary is expressed on the register ;

(c) Where such first registered owner is not entitled foi his own benefit to the land registered, then as be- tween him and any persons claiming under him, to any unregistered estates, rights, interests, or equities to which such persons may be entitled;

but free from all other estates and interests whatsoever, in- cluding estates and interests of His Majesty, which are within the legislative jurisdiction of Ontario^ R.S.O. 1897, c. 138, s. 13.

Possessory Titles.

Where a possessory title only is required, the applicant ^he^re"po8 nominee may be registered as owner of the fee simple sessory

A reaulred.

11.

or his nominee

AA ' required.

Imp. 38 & on giving such evidence of title, and serving such notices, if ■. 6. ■ ' ' any, as may be prescribed. R.S.O. 1897, c. 138, s. 14.

Estate of

first

registered

owner with

possessory

title.

Imp. 38 & 39 V. c. 87, a. 8.

12. The registration of a person as first registered owner with a possessory title only, shall not affect or pre- judice the enforcement of any estate, right, or interest adverse to or in derogation of the title of such first registered owner, and subsisting or capable of arising at the time of registration of such owner, but shall othei*wise have the same effect as registration of a person with an absolute title. RS.O. 1897, c. 138, s. 15.

Qualified Titles.

m*ie^*a*^ 13. — (1) Where on the examination of the title it ap- be pears to the proper Master of Titles that it can be established

only for a limited period, or suhject to certain reservations, the sT\. c. 87, Master, on the application of the party applying to be regis- '■ '• tered, may, by an entry made in the register, except from the

effect of registration any estate, right, or interest arising before a specified date, or arising under a specified instru- ment, or otherwise particularly described in the register.

(2) A title registered subject to such excepted estate, right, or interest shall be called a qualified title.

Estate of owner registered . with a qualified title.

(3) The registration of a person as first registered owner with a qualified title shall have the same effect as the regis- tration of such person with an absolute title, save that regis- tration with a qualified title shall not affect or prejudice the enforcement of any estate, right or interest appearing by the register to be excepted.

easement ('^) Where 'the existence of any easement is proved the

39^ V ^c ti -^^^^^^ ™Lay, if he thinks fit, enter notice thereof on the

s. 18', sub- ' register.

s. d.

statement of appur- tenant easement on certificate, etc.

Certificate of owner- ship given on regis- tration.

Imp. 38 & 39 V. c. 87, s. 10.

(5) Where title is shewn to any easement appurtenant to the land being registered, the same may be stated in the entry and certificate of ownership. R.S.O. 1897, c. 138, s. 16.

Certificate of Ownership.

14, On the entry of the name of the first registered ovnier of freehold land on the register, the proper Master of Titles shall, if required by the owner, deliver to him a Certificate, in the prescribed form, in this Act called a Certificate of Owner- ship, which s'hall state whether the title of the owner therein mentioned is ahsolute, qualified, or possessory. R.S.O. 1897, c. 138, s. 17.

96

15. — (1) A certificate bj the proper Master of Titles of J^f «*^7 ^^ tiie first registration of an owner under this Act shall be f-PPjy to

-, ° 1 . T • • • 1-111 1 • • land under

registered in the registry division in whidh the land is situ- this Act. ate; and thereafter The Registry Act shall cease to apply to lOEdw. vii such land. E.S.O. 1897, c. 138, s. 18. ''■ ^°-

5^= (2) The certificate, besides describing the land, shall fo^Je"""^^"" state the date of the first registration, the number of the certmcate parcel and the register in which the land is registered : and f^ registry the Registrar shall in his Abstract Index enter the number of the parcel and the register as given in the certificate. {New.)'='m.

PART 11.

LEASEHOLD LAND.

16. — Cl) A separate register of leasehold land shall be Register of

. leaseliold

kept and any of the following persons : land.

(a) Any person who has contracted to buy for his own Application benefit leasehold land held under a lease for a tratiorfwith life or lives, or determinable on a life or lives, a'^^^^a'ra"* or for a term of years of which at least 21 are tion of unexpired, or in respect of which the lessee or lessor to

1 • . . ,•,■1 1 , 1 . grant lease.

his assigns is or are entitled to a renewal term

or succession of terms amounting with the por- ^\ ^* ^

tion unexpired of the current term to at least 21 s.^ ii.

years, or to a renewal for a life or lives, whether

or not subject to incumbrances ;

(h) Any person entitled for his own benefit, at law or in equity, to leasehold land held under any such lease whether or not subject to incumbrances ; and

(c) Any person capable of disposing for his own bene- fit by way of sale of leasehold land held under any such lease whether or not subject to incum- brances ;

may apply to the proper Master of Titles to be registered, or to have registered in his stead any nominee as owner of such lease'hold land, with the addition, where the lease under which the land is held is derived immediately out of free- hold land, and the applicant is able to submit for examina- tion the title of the lessor, of a declaration of the title of the lessor to grant the lease under which the land is held ;

Provided that, in the case of leasehold land contracted to pi'ovIso. be bought, the vendor consents to the application.

(2) Every applicant for registration of leasehold land -hall deposit with the Master the lease in respect of which 90

8

the application is made, or if such lease is proved to the satisfaction of the Master to be lost, a copy of such lease or of a counterpart thereof, verified to the satisfaction of the Master ; and such lease or verified copy is in this Act refer- red to as the registered lease.

(3) Leasehold land held under a lease containing an ab- solute prohibition against alienation, shall not be registered.

(4) Leasehold land held under a lease containing a pro- hibition against alienation without the license of some other person, shall not be registered unless and until provision is made in the prescribed manner for preventing alienation without such license, by entry in the register of a restriction to that effect, or otherwise. R.S.O. 1897, c. 138, s. 19.

(5) Section 1 shall apply to leasehold as well as to free- hold land. 7 Edw. VII. c. 30, s. 2.

of^mfe* 17. An applicant or his nominee shall not be registered

required as owner of leasehold land unless and until the title to such

tion. land is approved by the proper Master of Titles; and if he

Imp. 38 & applies to be registered as owner of leasehold land with a

gf 12. ^ ^^* declaration of the title of the lessor to grant the lease under

which the land is held, shall not be registered with such

declaration unless and until the lessor, after an examination

of his title by the Master, is declared to have had an absolute

or qualified title to grant the lease under which the land is

hold. R.S.O. 1897, c. 138, s. 20.

Estate of 18. The registration of a person as first registered owner

tared of leasehold land with a declaration that the lessor

leasehold had an absolute title to grant the lease under which the land

a^d^ciara- '^^ held, shall vest in such person the land comprised in the

absolute registered lease relating to such land for all the leasehold

title of estate therein described, with all implied or expressed rights,

lessor to . . ' \ ^ ^

grant lease, privileges and appurtenances attached to such estate, but Imp. 38 & subject

39 V. c. 87, s. 13

(a) To all implied and express covenants, obligations and liabilities incident to such leasehold estate;

(&) To the incumbrances, if any, entered on the register ;

(c) Unless the contrary is expressed on the register, to such liabilities, rights and interests as affect the leasehold estate and are by this Act declared not to be incumbrances in the case of registered free- hold land; and

90

9

(d) Whore such first registered owner is not entitled for his own benefit to the land registered, then, as between himself and any person for whom he holds or claiming under him, to any unregistered estates, rights, interests or equities to which such person may be entitled ;

But free from all other estates and interests whatsoever, including estates and interests of His Majesty, which arc within the legislative jurisdiction of Ontario. R.S.O. 1897, c. 138, s. 21 • 7 Edw. Vll. c. 30, s. 3.

19. The registration of a person as first registered ?^*^*®^ ?* owner of leasehold land without a declaration of the title tered of the lessor, shall not affect or prejudice tbe enforcement leasehold of any estate, right, or interest affecting or in derogation ou^t'^a^'*^ of the title of the lessor to grant the lease under which the ol^^ttie*'**" land is held ; but, save as aforesaid, shall have the same °f lessor to effect as the registration of a person as first registered owner of leasehold land with a declaration that the lessor 39 v. c. 87, had an absolute title to grant the lease under which the land ^" ^^' i? held. R.S.O. 1897, c. 138, s. 22.

20. — (1) Where on the examination of the title of ^be^l^^i'^^J lessor by the proper Master of Titles, it appears to him that to have a the title of such lessor to grant the lease under which the land title to is held can be established only for a limited period, or sub- ^^*"*^^^^s« ject to certain reservations, the Master may, by an entry made 3™ v. 'a 87 in the register, except from the effect of registration, any ■• ^^' estate, rig'ht or interest arising before a specified date or arising under a specified instrument, or otherwise particularly described in the register; and a title of a lessor subject to such excepted estate, right, or interest shall be deemed a qualified title.

f2) The registration of a person as first registered owner of leasehold land with a declaration that the lessor had a qualified titl<^ to grant the lease under which the land is held, shall have the same effect as the registration of such person with a declaration that the lessor had an absolute title to grant the lease und"r which the land is held, save that registration with the declaration of a qualified title shall not affect or prejudice the f nforcement of any right or interest appearing by the register to be excepted. R.S.O. 1897,0.138,8.23.

21. On the entry of the name of the first registered owner ^^f^^^°^^

of leasehold land on the registfr. the proper Master of Titles given on shall, if required by the owner, deliver to him a copy of the reiristered lease, in this Act called an office copv, authenticated 3^^ '^ ^7^

«. 17. 2-96

10

in the prescribed maimer, and there shall be endorsed thereon a statement whether any declaration, absolute or qualified, as to the title of the lessor has been made, and any other par- ticulars relating to such lease entered in the register. R.S.O. 1897, c. 138, s. 24.

PART III.

EKOISTRATIOX,, HOW EFFECTED.

Regulations 22, The examination of a title shall be conducted in the

as to exam- ^^ -, ^ • i • c n •

ination of prescribed manner, subject to the lollowmg provisions:

Master.

Imp. 38 & (a) Due notice shall be given where the giving of such

s. 17. " ' notice is prescribed; and sufficient opportunity

shall be afforded to any person desirous of object- ing to come in and state his objections to the proper Master of Titles ;

(b) The Master shall have jurisdiction to hear and

determine any such objections, subject to an appeal to the Court in the prescribed manner and on the prescribed conditions;

(c) If the Master, upon the examination of any title, is

of opinion that it is open to objection, but is nevertheless a title the holding under which will not be disturbed, he may approve of it or may require the applicant to apply to the Court, upon a statement signed by the Master, for its sanction to the registration;

10 Edw. VII c

58;^! 8, (^) ^^ shall not be necessary to produce any evidence

which, by The Vendors and Purchaser's Act is dispensed with as between vendor and purchaser, or to produce or account for the originals of any registered deeds, documents, or instruments, unless the Master otherwise directs ;

(e) The Master may receive and act upon any evidence which is received in court on a question of title, or any evidence which the practice of convey- ancers authorizes to be received on an investiga- tion of a title out of court, or any other evidence, whether the same is or is not receivable or suffi- cient in point of strict law, or according (o the practice of conveyancers, if the same satisfies him of the truth of the facts intended to be made out thereby;

11

(/) The Master may refer to and act upon not only the evidence adduced before him in the proceeding in which such evidence is adduced, but also any evidence adduced before him in any other pro- ceeding wherein the facts to which such evidence relates were or are in question. R.S.O. 1897, c. 138, s. 25. Amended.

23. The Lieutenant-Governor in Council may name one Employment or more barristers to whom the Master of Titles may refer for exam- the examination of the title, in whole or in part, of any land uues!"^ °^ in respect of which an application is made, and the Master imperial may act upon the opinion of such referee, T Edw. VIL^and^Trans- c. 30, s. 1. of^iQosr^

' Nos. 36 and

313.

24. — (1) All registered land, unless the contrary is ex- Liabiuty of pressed on the register, shall be subject to such of the follow- i|nd^\o'^®*^ mg liabilities, rights, and interests as for the time being may Ind^™!"^"^ be subsisting in reference thereto, and such liabilities, rights tain other and interests shall not be deemed incumbrances within the

i: j.T_- A J. Imp. 38 &

meaning oi this Act; 39 v. c. 87,

s. 18.

(a) 1^^ Provincial taxes and succession duty and'''^^ registered''*^ municipal taxes, charges, rates or assessments, ^^^^^^^ ^" and school or water rates ;

(h) Any right of way, water-course, and right of water, and other easements ;

(c) Any title or lien which, by possession or improve-

ments the owner or person interested in any adjoining land has acquired to or in respect of the registered land ;

(d) Any lease or agreement for a lease, for a period

yet to run which does not exceed three years, where there is actual occupation under it;

(e) Any right of the wife or husband of the person

registered as owner to dower or curtesy, as the case may be, in case of surviving such owner ;

IS^^(f) A mechanic's lien where the time limited for the registration thereof has not expired ;'^^^

(g) Any right of expropriation, access or user conferred by Statute; R.S.O. 1897, c. 138, s. 26 (1); 3 Edw. VII. c. 12, s. 2; 7 Edw. VII. c. 30, s. 4. Amended.

(h) Any public highway. 90

13

(2) If the ap2)licant desires the certificate to declare the title to bo free from the first five of such particulars, or any of them, his application shall so state, and the investigation shall proceed accordingly. R.S.O. 1897, c. 138, s. 26 (2).

(3) Where the applicant desires that the land shall be registered free from any public highway, a notice so stat- ing shall be published once a week for two successive weeks in a newspaper published in the municipality in which the land lies, or where there is no such newspaper in one pub- lished in a neighbouring municipality and the notice shall also be served upon the Attorney-General and upon the hoad or the Clerk of the council of the municipality in which the land lies.""^!!

(4) If the Attorney-General or the Corporation of the municipality or any person objects to the land being so regis- tered the Attorndy-General or such corporation or person may in his objection require that the question of the exis- tence of the highway be tried in the High Court, and in that case the Master shall postpone his finding upon that part of the 'application until the question is finally determined and shall give such directions as he may deem proper in order that an early adjudication thereon may be had.*"^^^

|^^(5) JSTotwithst/anding that the Attorney-General or the corporation or person objecting has not required the question to be tried' in the High Court, the Master of his own motion or upon the application of either party may direct that an action be brought or an issue be tried in the High Court for the determination of the question on such terihs and conditions as to costs and otherwise as he may deem just.'''^^

(6) The Master pending the final determination of the question may register the applicant as owner, subject to any public highway and upon the final determination of the question if it is determined in favour of the applicant the entry and certificate of ownership shall be varied in accord- ance therewith.

I . — ' (7) The description of the land in the certificate of owner- ship shall not, as against adjoining owners, be conclusive as to the boundaries' or extent thereof. RS.O. 1897, c. 138, 8. 26 (1). Part, amended.

registrauon ^^' ^'^^re a license under The Crown Timber Act, or of land any Statute for which that Act is substituted, has been or timber shall be granted, and the land is registered under this Act

the same shall be deemed to have been, and to be subject

licenses.

13

to the rights of the licensee or his assigns for the current Rev. stat license year under the license, and to the rights of His Majesty in the pine trees under The Free Grants and Home- c.^zi. ^ steads Act, or any Statute for which that Act is substituted, without the fact of such land being so subject being expressed in the entry in the register, or in the certificate of owner- ship. R.S.O. 1897, c. 138, s. 27.

Mortgages existing at First Registration.

26. — (1) Where land is registered subject to mortgages Lands existing thereon at the time of the first registration the mortgage" mortgages shall be noted in the register in the same order ^^gj^'™®^j°^ as they are registered in the registry office if such mort- gages have been so registered, or the dates of the respective registrations thereof shall be stated, but this shall not be taken as an affirmation that such mortgages rank in the order in which they were registered or in the order in which they are noted.

(2) Abstracts of all instruments dealing with such mort- gages shall thereafter be entered in the register, and the entry thereof shall be deemed the registration of the instru- ment, and the rig'hts of the parties interested or claiming to be interested in any such mortgage so far as it affects land under this Act shall, subject to sections 10 to 13 and 42 to 45, be decided under the registry law, as if the registrations in the Office of Land Titles had been made under The vn.. c.' so. Registry Act. R.S.O. 1897, c. 138, s. 29.

Determination of Incumbrances or Leases existing at First Registration.

27. — (1) Where upon the first registration of land. Complete or notice of any incumbrance affecting such land has been dfscharge of entered on the register, the proper Master of Titles, on proof incumbrance, to his satisfaction of the discharge of such incumbrance shall vll^c.'!?*^' note in the prescribed manner on the register, by cancelling •• ^'• the original entry or otherwise, the cessation of such incum- brance and thereupon the incumbrance shall cease.

(2) On the requisition or certificate of a mortgagee whose mortgage was entered on the register on the first registra- tion of the land or the registered assignee thereof or of the personal representative of such mortgagee or assignee author- izing or certifying the discharge of the whole or any part of the land therefrom or the discharge of the whole or any part of the money thereby secured, the Master may note on tlie register the discharge of such land from the mortgage

96

14

or the discharge of such part of Liie money, and thereupon as to the land or money discharged, the incumbrance shall cease.

(3) The death of the person who signed the requisition or certificate shall not revoke or otherwise affect the same. R.S.O. 1897, c. 138, s. 30; 7 Edw. VII., c. 30, s. 5.

Determina- 28. The propcT Master of Titles, on proof to his satis- tion of lease, f.^^^i^j^ ^f ^]^q determination of any lease of registered land x^'^c.^ 87^ ^^ existing at the first registration, shall note in the prescribed ^•'2^- manner on the register, the determination of such lease.

R.S.O. 1897, c. 138, s. 31.

Adverse Possession as against Registered Owner.

No acquisi- 29, — (1) Where a title to registered land is claimed by^adversi^ under The Limitations Act, no time prior to the registration possession, ^jf g^ registered owner of such land, shall be computed in the Imp. 38 & 39 period of possession required to confer a title under the s."'2i.' ' Act, as against such owner or any one claiming under him, a^s^^^'^"' but save as in this section provided the Act shall apply to registered land.

(2) The registration of a transfer, dharge or transfer of a charge shall have the same effect for the purpose of stop- ping the running of the Statute as an entry on the land.

(3) Where a person claims, to have obtained a title by possession to registered land he may lodge a caution under section 72, and apply to the proper Master of Titles for an order for the rectification of the register, and on such appli- cation if it is made to appear that the applicant had at the time he lodged the caution acquired such title the Master may declare the applicant entitled to the land or any part thereof and shall rectify the register accordingly.

(4) No person shall be deemed to have acquired a title by possession unless he has taken the proceedings provided for by subsection 3.

(5) This section shall not affect the provisions of para- graph " c " of subsection 1 of section 24. New.

96

16

PART IV.

TEANSFEK AND CHAEGE OF REGISTERED LAND.

Charge of Registered Land.

30. — (1) Every resristered owner, may in tlie prescribed Creation of manner charge the land with the payment at an appointed delivery of time of any principal sum of money either with or without orcharge. interest, or as security for any other purpose, and with or imp 38&39 without a power of sale. E.S.O. 1897, c. 138, s. 33 (1). v-gt. *^'

(2) The charge shall be completed by the proper Master charge how of Titles entering on the register the person in whose favour ^°"^^

the charge is made as the owner of the charge, stating the amount of the principal sum w*hich the charge secures, with the rate of interest and the periods of payment, or the other purpose for ^vhich the charge is given.

(3) Where the charge contains a power of sale, that fact shall be stated, but the particulars need not be set out in the register, nor shall it be necessary to set forth incidental matters which may be expressly c'harged, such as costs of inspection, or of abortive attempts to sell and the like. 3 Edw. VII., c. 12, s. 3.

(4) The charge, when registered, shall confer upon the chargee a charge upon the interest of the charger as appear- ing in the register subject to the incumbrances and qualifica- tions to which such interest is subject, but free from any unregistered interests in the land. New.

(5) The Master shall also, if required, deliver to the o\Amer of the charge, a certificate of charge in the prescribed form. RS.O. 1897, c. 138, s. 33 (3).^

(6) The provisions of section 73 of The Registry Ac^io Edw. shall apply to the charge as if it was a registered mortgage. New.

31. — (1) Where a registered charge is created, t'here J^p^^|^^ f^hall be implied on the part of the registered owner at th^ to pay time of the creation of the charge, his heirs, executors and administrators, unless there is an entry on the register nega-v.. c. 87, tiving the implication, covenants with the registered owner *'' for the time being of the charge:

96

16

(a) To pay the principal sum charged, and interest, if

any, therron, at the appointed time and rate; and all taxes, rates, charges, rents, statute labour or • other impositions theretofore or thereafter imposed or charged on the land and that in ease of default all payments made by the owner of the charge may be added to the principal snm and bear interest ;

(b) If the principal sum or any part thereof is un-

paid at the appointed time, to pay interest half- yearly at the appointed rate on so much of the principal sum as for the time being remains unpaid.

Provision (2) Where a charge, whether or not under seal, is ex-

charge pressed to be made in pursuance of The Short Forms of

to^be^made Mortgages Act, or refers thereto, and contains any form of io*^Edw words contained in clauses numbered 1, 2, 3, 7, 8, 12, 14, VII. c. '55. 15 or 16, of Column One, of Schedule B to that Act, whether expressed in the first or third person, such words shall have the same meaning and eifect as the words under the corresponding number in Column Two in that schedule: and the provisions of that Act sihall apply to the charge. R.S.O. 1897, c. 138, s. 34.

Implied 32. Where a registered charge is created on any lease- case of hold land, there shall be implied on the part of the regis- pay^rent^ ^ tered owner of such leasehold land at the time of the crea- fnderrmify ^ion of the charge, his heirs, executors, and adminisfcrators, charge °' unless there is an entry on the register negativing the im- imp 38&39 P^^^^*^"^^' covenants with the registered owner for the time v., c. 87, being of the charge :

(a) That the registered owner of such leasehold land at the time of the creation of the charge, his executors, administrators or assigns, will pay, perform and observe the rent, covenants, and conditions by and in the registered lease re- served and contained, and on the part of the ' lessee to be paid, performed, and observed; and

(h) Will keep the owner of the charge, his executors, administrators and a'^signs, iiulemnified against all actions, suits, expenses, and claims, on ac- count of tlie non-payment of such rent, or any part thereof, or the breach of such covenants or

M

17

conditions, or any of them. R.S.O. 1897, c. 138, s. 35.

33. Subject to any entry to the contrary on the register, Entry by the registered owner of a registered charge, for the purpose charge. °' of obtaining satisfaction of any moneys due to him under jj^p 33^39 the charge, at any time during the continuance of his charge, ^'.k' *^' may enter upon the land charged, or any part thereof, or

into the receipt of the rents and profits thereof, subject nevertheless to the right of any persons appearing on the register to be prior incumbrancers, and to the liability attached to a mortgagee in possession. R.S.O. 1897, c. 138, s. 36.

34. Subject to any entry to the contrary on the register Foreclosure the registered owner of a registered charge may enforce it of c'imrle. by foreclosure or sale, in the same manner and under the^P^ ^|y*'^ same circumstances in and under which he might enforce* 26.

the same if the laud had been transferred to him by way of mortgage, subject to a proviso for redemption. R.S.O. 1897, c. 138, s. 37.

35. Subject to any entry to the contrary on the register. Remedy of the registered owner of a registered charge with a power of c^rg^e °with sale, in accordance with the terms of the power, may sell |^i^°''®'^ °' and transfer the interest in the land, w'hich is the subject j^p 33439 of the charge, or any part thereof, in the same manner as^., c. 87.

if he were the registered owner of the land to the extent of such interest therein. R.S.O. 1897, c. 138, s. 38.

36. Subject to any entry to the contrary on the register. Priority of registered charges on the same land shall as between them- charges, selves rank according to the order in which they are entered imp. 38 & 39 on the register, and not ac<;ording to the order in which they ^■•23*. *'' are created. R.S.O. 1897, c. 138, s. 39.

37. — (1) The proper Master of Titles shall, on the re- Discharge quisition of the registered owner of any land and on due brance. proof of the satisfaction of a charge thereon, or may on the imp. 38 ft 3» requisition of the registered owneir of a dharge or of his]^"'28; *^* personal representative or on his certificate of the satisfac- tion thereof, note on the register in the prescribed manner, by cancelling the original entry or otherwise, the cessation of the charge; and thereupon the dharge shall cease.

(2) The Master may in like manner and with the like effect note the cessation of any other incunibrnnce.

(8) On the requisition or certificate of the registered p^HUki owner of a charge, or of the personal representative of such $f'^a?]^

3-96

18

owner authorizing or certifying the discharge of any part of the land therefrom or the discharge of any part of the money thereby secured, the Master may note on the register the discharge of such land from the charge or the discharge of such part of the money and thereupon as to the land or money discharged the charge shall cease. R.S.O. 1897, c. 138, s. 40.

p^r^on °' (^) "^^^ death of the person who signed the requisition

certifying or certificate shall not revoke or otherwise aifect the same.

to cessation ^ _i ■• tt-tt «o, /»

of charge. Y Edw. YII., C. 30, S. 6.

Transfers after Land is Brought Under this Act.

Transfer of 38. — (1) Every registered owner may, in the prescribed delivery of manner, transfer the land or any part thereof.

land ' -^ ^

certificate.

Imp. 38 & 39 (2) The transfer shall be completed by the proper Master s."29. ' of Titles entering on the register the transferee as owner of the land transferred ; and until such entry is made the transferor sliall be deemed to remain owner of the land.

(3) Upon completion of the registration of the transferee, the Master shall, if required, deliver to him a certificate of ownership in the prescribed form.

(4) Where part only of the land is transferred, the Master shall also, if required, deliver to the transferor a certificate of ownership containing a description of the land retained by him. R.S.O. 1897, c. 138, s. 41.

Right to 39. — (1) Any person who is entitled to have a transfer

production or charge entered on the register, shall have the right to of owner- require the holder of the certificate of ownership, if any ^^^' is outstanding, to produce the certificate to the proper Master

of Titles, or to deliver it to such person for production for the purpose of having all proper entries or alterations made thereon by the Master, or for cancellation when the certifi- cate has become eifete.

(2) A person entitled to bave a cessation of a charge entered shall have the right to have an outstanding certificate of ownership of the charge produced in like manner in order tbat it may be cancelled. R.S.O. 1897, c. 138, s. 42.

Master may 40. Where upon an application for the registration of

production a charge or of a transfer of any land or charge, the proper

of olmer-*** Master of Titles considers it expedient to require the pro- ship.

•96

19

duction of the certificate of ownership, either for the pur- pose of identifying the person dealing with the laud or charge or for cancellation when the same ought to be can- celled or for any other purpose, he may do so, and may decline to enter the charge or transfer on the register until the cer- tificate has been produced, and if the certificate is not pro- duced within such time as the Master limits, he may return the transfer or charge. K.S.O. 1897, c. 138, s. 43.

41. Where registered land is transferred to trustees under Transfers The Act respecting the property of Religious Institutions, under^uev. the trustees shall be registered as owners in the usual man- ^*^'' ^' ^^^' ner and by their corporate name without setting out the purposes or trusts on which the land is held, but, a note shall

be made by the proper Master of Titles that the land is only to be transferred or charged in accordance with fche provisions of that Act. K.S.O. 1897, c. 138, s. 44.

42. A transfer for valuable consideration of land regis- Estate of

tcred with an absolute title, when registered, shall confer for" valuable

on the transferee an estate in fee simple in the land trans- tion ^of Tand

ferred, together with all rights, privileges and appurtenances ^^^ tttie°'

belonging or appurtenant thereto, subject to: ^^ 3g „ ^g

v.. c. 87, s. 30

(a) The incumbrances, if any, entered or noted on the register; and

(&) Such liabilities, rights, and interests, if any, as are declared for the purposes of the Act not to be incumbrances, unless the contrary is expressed on the register, and

As to such rights, privileges and appurtenances, subject also to any qualification, limitation or incumbrance to ^vhich the same are expressed to be subject in the register, or where such rights, privileges and appurtenances are not registered, then subject to any qualification, limitation or in- ^ cumbrance to which the same are subject at the time of the transfer. New.

But free from all other estates and interests whatsoever, including estates and interests of His Majesty, which are within the legislative jurisdiction of Ontario. R.S.O. 1897, c. 138, s. 45. Amended.

43. A transfer for valuable consideration of land regis- Estate of tered with a qualified title, when registered, shall have the 'or valuable same effect as a transfer for valuable consideration of the tion of same land registered with an absolute title, save that such qualified transfer shall not affect or prejudice the enforcement of any "*'*•

»e

20

Imp. 38 * 89 riglit or interest appearing by the register to be excepted. J^'ai: "• R.S.O. 1897, c. 138, s. 46.

Esute of 44. A transfer for valuable consideration of land regis-

tor"^vafuabie tered witlh a possessory title shall not affect or prejudice TOnsidera- jj^g enforcement of any right or interest adverse to or in land with derogation of the title of the first registered owner, and sub- title, sisting, or capable of arising, at the time of the registration v"^' ^87* '^ ^^ such owner ; but, otherwise, when registered, shall have ■."'82". ' the same effect as & transfer for valuable consideration of

the same land registered witfh an absolute title. R.S.O.

1897, c. 138, 8. 47.

Estate of 45. A transfer of registered land, made without valuable

transferee consideration, shall be subject, so far as the transferee of land. -g concerned, to any unregistered estates, rights, v:^c. W* ^' interests, or equities subject to which the transferor a. 88. hei(i the same; but, otherwise, when registered, in all re-

spects, and in particular as respects any registered dealings on the part of the transferee, shall have the same effect as a transfer of the same land for valuable consideration. R.S.O. 1897, c. 138, s. 48.

Claims for Dower.

Claim that land is free from dower.

46. — (1) Wliere it is claimed that registered land is free from dower on account of the land being held in trust, or for some reason other than the wife's release of her dower by an instrument which can be produced and registered, and evidence to that effect which appears satisfactory is pro- duced before the proper Master of Titles, he may issue a notice requiring the wife to support her right if she claims to be entitled to dower in the land ; and if she fails to do so the Master may enter on the register a memorandum that the land is free from dower, and such entry shall, unless reversed on appeal, be a bar to any claim by such wife ; and no appeal shall lie, unless the wife claims her right of dower before the Master.

Dower of wife trans- feree of incumbered land.

(2) This section shall also apply to the widow of a for- mer owner. R.S.O. 1897, c. 138, s. 49.

47. Where registered land is transferred subject to a charge, or wliere the registered owner of land which is subject to a charge subsequently marries, the wife of the transferee or owner shall have the same rights in respect of dower as she would have liad if the legal estate had been transferred by an ordinary mortgage and no others. R.S.O. 1897, c. 138, s. 50.

I

21

Transfers of Leaseholds.

48. — (1) Every registered owner of leasehold land may Transfer of in the prescribed manner, transfer the whole of his estate in land and such land or in any part thereof. office copy

of lease.

(2) The transfer shall be completed by the proper- Master imp. 38 & 39 of Titles entering on the register the transferee as owner of 34!

the leasehold laud transferred, but until such entry is made the transferor shall be deemed to remain owner.

(3) Upon completion of the registration of the transferee, if the transfer includes the whole of the land comprised in the registered lease relating to such land, the transferee shall be entitled to the office copy of the registered lease.

(4) If a part only is transferred, the Master, if required according to any agreement that has been entered into between the transferor and transferee, shall deliver to the one the office copy of the registered lease and to the other a fresh office copy of such lease, each of such copies shewing, by endorsement or otherwise, the parcels of which the person to whom such copy is delivered is the registered owner. R.S.O. 1897, c. 138, s. 51.

49. A transfer for valuable consideration of leasehold ^|ta^^j^gj.°g* land registered with a declaration that the lessor had an for valuable

considc 1^3.""

absolute title to grant the lease under which the land is tion of held, when registered, shall vest in the transferee the land umi with a transferred for all the leasehold estate described in the of '^Ll^soiute registered lease relating to such land and then unexpired, [ess^or?' with all implied or expressed rights, privileges, and appur-j ^^ ^ tenances attached to such estate, but subject to S3 v., c. 87,

(a) All implied and express covenants, obligations, and liabilities incident to such estate;

(&) The incumbrances, if any, entered or noted on the register; and

(c) Such liabilities, rights, and interests as affect the leasehold estate and are by this Act declared for the purposes of the Act not to be incumbrances in the case of registered freehold land, unless the contrary is expressed on the register;

But free from all other estates and interests whatsoever including any estates and interests of His Majesty, which are within the legislative authority of Ontario. E..S.O. 1897, c. 138, 8. 52.

9d

Estate of 50. A transfer for valuable consideration of leasehold

for valuable land registered without a declaration of the title of the tknf^of "^^ lessor, shall not affect the enforcement of any estate, right hfnd ^wUhJut ^T interest affecting or in derogation of the title of the lessor of ^mie'^oV°" ^^ grant the lease under which the land is held; but other- leasor. ^yise when registered, shall have the same effect as a trans-

imp. 38 & 39 fer for valuable consideration of the same land registered 37! ^' ' °' with a declaration that the lessor had an absolute title to

grant the lease under wliich the land is held. R.S.O. 1897,

c. 138, s. 63.

Estate of 51 ^ transfer for valuable consideration of leasehold

trRnsiGrG©

valuable con- land registered with a declaration that the lessor had a feasehoid qualified title to grant the lease under which the land is decfarat'ion ^ held, when registered, shall have the same effect as a trans- tftie^"of '^fe^- f^^ f°^ valuable consideration of the same land registered sof. with a declaration that the lessor had an absolute title to

Imp. 38^& 39 grant the lease under which the land is held, save that such 3c! ' transfer shall not affect or prejudice the enforcement of

any right or interest appearing by the register to be excepted from the effect of registration. R.S.O. 1897, c. 138, s. 54.

Estate of 52. A transfer of registered leasehold land made without

transferee of valuable Consideration shall be subject, so far as the transferee land. is concerned, to any unregistered estates, rights, interests.

Imp. 38 & 39 or equities subject to which the transferor held the same; v., c. 87, s. jj^j. otherwise when registered in all respects and in par- ticular as respects any registered dealings on the part of the transferee, shall have the same effect as a transfer of the same land for valuable consideration. R.S.O. 1897, c. 138, s. 55.

Implied cove- 53. On the transfer of any registered, leasehold land, un- transfer of Icss there is an entry on the register negativing such impli- Sef °^^ ^^' cation, there shall be implied

Imp. 38 & 39 v., c. 87. s. 39.

(a) On the part of the transferor, a covenant with the transferee that, notwithstanding anything by such transferor done, omitted, or knowingly suffered, the rents, covenants and conditions reserved and contained by and in the registered lease, and on the part of the lessee to be paid, performed, and observed, have been so paid, per- formed, and observed up to the date of the trans- fer; and

(&) On the part of the transferee, a covenant with the

transferor, that the' transferee, his executors,

administrators, or assigns, will pay, perform, and

observe the rents, covenants, and conditions by

and in the registered lease reserved and con- 96

tained, and on the part of the lessee to be paid, performed, and observed, and will keep the trans- feror, his executors, administrators and assigns, indemnified against all actions, suits, expenses, and claims on account of the non-payment of the rent or any part thereof, or the breach of the eonvenants or conditions, or any of them. R.S.O. 189Y, c. 138, s. 56.

Transfer of Charges.

54. — (1) The registered owner of a charge may, in the^^^^fll'^Q"' prescribed manner, transfer such charge to another person register, as owner. imp. 38 & 39

v., c. 87. 8. 40.

(2) The transfer shall be completed by the proper Master of Titles entering on the register the transferee as owner of the charge transferred.

(3) The transfer, when registered, shall confer upon the transferee the ownership of the charge free from any un- registered interests therein, and the transfer of part of the sum secured by a charge shall confer upon the transferee the ownership of such part free from any unregistered interests therein.

(4) Every transfer of a charge shall be subject to the state of account upon the charge between the chargor and the chargee.

(5) The Master shall also, if required, deliver to the transferee a fresh certificate of charge.

(6) The transferor shall be deemed to remain owner of such charge until the name of the transferee is entered on the register in respect thereof.

(Y) The registered owner of a charge may transfer a part Transfer of of the sum secured by the charge, and the part so trans- charge. * ferred may be given priority over the remaining part, or may be deferred, or may continue to rank equally with it, as may be stated in the transfer. R.S.O 1897, c. 138, s. 57. Amerided.

Time of Registration.

55, The day, hour and minute of the receipt of each priority.

instrument and copy of writ s'hall be noted thereon, and for

the purpose of priority between chargees, transferees and

others, the time of the receipt shall be deemed the time of

legistration. R.S.O. 1897, c. 138, s. 58. »0

24

Transmission of Land and Charges on Owner's Death. Transmis- 56. On the death of the sole registered owner, or of the

eion on death . « i-'^ '1.1 i? j»iti

of owner of survivor 01 several joint registered owners, oi any ireenold freehold land. ^,^^^^^ g^j^j^ person shall be registered as owner, in the place v"!^c. ^7,* .*^ of t^G deceased owner or owners, as may, on the applica- *i' tion of any person interested in such land, be appointed

by the proper Master of Titles, regard being had to the rights of the several persons interested in the land, and in particular to the selection of any such persons as may for the time being appear to the Master to be entitled, according to law, to be so appointed: subject to an appeal to the Court in the pre- scribed manner by any person aggrieved by any order of the Master under this section. R.S.O. 1897, c. 138, s. 59.

Transmission 57. Qu the death of the sole registered owner, or of the

on death of . i • • • i r i i i i

owner of survivor 01 Several lomt registered owners of any leasehold

leasehold . •

land or of land or of any charge, the executor or administrator of such ^ \^^' sole deceased owner, or of the survivor of such joint own-

nnp.^38^& 3t gj.g^ shsiW be entitled to be registered as owner in his place. *2' ■ ' "RS-O. 1897,c. 138, s. 60.

Transmis- 58, Where two or more persons have been entered as

sion on death ,^ ri ,.,.

of one of owners 01 any land or charge, and one of them dies, his

several own- , ,.• i,i ,i

ers. personal representative may apply to be entered as owner

jointly with the survivor or survivors. R.S.O. 1897, c. 138, s. 61.

mie^'of °re- ^^' ^^^ pcrson registered in the place of a deceased gistered owner shall hold the land or charge, in respect of which he

fid.ucia.ry • , cj j ±

owners. IS registered, upon the trusts and for the purposes to which

Imp. 38 & 39 the same is applicable by law, and subject to any unregis- 4e; °" ^^' ^ tered estates, rights, interests, or equities subject to which the deceased owner held the same; but otherwise in all re- spects, and in particular as respects any registered dealings with such land or charge, he shall be in the same position as if he had taken such land or charge under a transfer for a valuable consideration. R.S.O. 1897, c. 138, s. 62.

^aifsm?ssion ^^' "^^^ ^^'^^ ^^ ^^7 pcrson having become entitled to of registered any land or charge in consequence of the death of any reg-

ownership. • .

istered owner, shall be proved in the prescribed manner. imp.j| & 39 j^ g^ 1897, c. 138, s. 63.

s. 47.

heir^^r°de- ^^- ^^©re an heir or devisee applies to be entered as out^referen" ^"^''^^^ ^^ ^^7 registered land, which has vested in him under to debts of The Devolution of Estates Act, the proper Master of Titles

shall make such entry without reference to the liability of c. 56. ' ■' the land for debts, except under executions, copies of which

have been duly lodged; and the liability under that Act of

99

25

sutfh land or any transferor thereof shall be determined as if such land had not been registered under this Act. 3 Edw. VII. c. 12, s. 9. Amended.

Executions and Sale Thereunder.

62. — (1) The sheriff, or other officer to whom the same ^x^e^cutionV is directed forthwith after the delivery to him of any execu- tion or other writ, or renewal thereof, affecting registered land, upon written request of the party by whom such execution or other writ was sued out or renewed, or of his solicitor, but not otherwise, shall deliver or transmit by registered post to the proper Master of Titles a copy of the writ certified under his hand ; and no registered land shall be bound by any such writ until such copy has been received by the Master; and after the receipt by him of the copy, no transfer by the execution debtor shall be effectual, except subject to the rights of the execution creditor under the writ.

(2) The Master shall keep a book in the prescribed iorm.^^^^^ *° ^« in which shall be entered a record of all writs, copies of

which are received by him from the sheriff or other officer.

(3) No sale or transfer under any such writ shall be valid as against a person purchasing for valuable consideration before such entry is made, notwithstanding that the pur- chaser may have had notice of the writ.

(4) Upon production to the Master of sufficient evidence of the satisfaction of any such writ, he shall cause an entry to be made in the book to that effect, and on such entry the writ shall be deemed to be satisfied.

(5) Every writ and renewal of a writ shall be presumed to have been spent, and the delivery or transmission of a copy thereof shall cease to have effect at the expiration of the writ or renewal as appearing on the copy transmitted; but if there has been a sufficient commencement of the exe- cution to enable it to be completed by the sale and conveyance of the land under the writ, and the same has not been com- pletely executed the sheriff or officer shall, or the execution creditor may, at any time within one month before the expiration of the writ or renewal as so appearing, file with the Master a certificate of the sheriff or officer stating that fact, and such certificate shall be noted at the entry of the writ in the book, and the writ shall continue in force for a further period of one year from the filing of the certificate when it shall cease to have effeeA unless another similar cer- tificate is filed, which shall operate in like manner.

4-96

26

Notice to (0) Where an execution or other writ is issued against

where writ the registered owner under a different name from that under

owner^under^ which he is registered, the writ shall have no effect under

name^from ^^^^ -^^t) uiiless the pcrson who sues out the writ, or his

relfster ^^^ solicitor, gives a notice to the Master, stating the name under

which the execution debtor is registered, and otherwise in the

form or to the effect prescribed, or unless a like notice is

written upon the copy of the writ.

(7) The sheriff or other officer shall be entitled to a fee of fifty cents for each copy of writ or certificate transmitted by him. R.S.O. 1897, c. 138, s. 64. Amended.

Provision In case It Is claimed that land la not affected by a writ appar- ently affect- ing same.

63. Where a transferor or transferee of land, or maker or owner of a charge, claims that a writ apparently affect- ing land does not affect the land or charge, he shall pro- duce such evidence thereof as the proper Master of Titles may consider necessary, and the Master may require all parties interested to be notified of the application to register freed from the writ, and may himself decide the question or may direct an issue to be tried or a case to be stated and may make such order as to costs as he deems just. R.S.O. 1897, c. 138, s. 65.

Seizure of 64. — (1) The seizure under execution or other procCvSS of ^hlrie^% a mortgage or charge or of leasehold land registered under this leasehold. ^g^^ gjjaH not take effect until a certificate of the sheriff or other officer that he has taken such mortgage, charge or lease- hold land under such process against the registered owner thereof is lodged with the proper Master of Titles.

(2) The certificate shall state the number of the parcel under which the land affected is registered, and the name of the owner, and shall be noted by the Master in the register.

9 Edw. VII., (3) This section shall not apply where the proceedings prescribed by section 23 of The Execution Act have been taken with respect to a mortgage or charge. R.S.O. 1897, c. 138, s. 66. Amended.

Sale under execution of registered land.

65. Where any registered freehold or leasehold land is sold under execution or other process, the proper Master of Titles, upon the production to him of the transfer of the same by the sheriff or other officer in the prescribed form, with proof of the due execution thereof, shall cause a notice to be mailed to the proper post-office address of the person whose interest has been sold ; and after the expiration of two weeks from the mailing of the notice, and if no other person has become entitled meanwhile for want of entry of the writ or otherwise, the Master shall register the purchaser as owner, -96

»7

and shall, if required, issue to him a certificate of ownership in the prescribed form. R.S.O. 1897, c. 138, s. 67; 7 Edw. VII. c. 30, s. 7.

Sale for Taxes.

66. —(1) Where land is sold for taxes, the purchaser maysaies for at any time after the sale lodge a caution against the transfer

of the land; and upon the completion of the time allowed by law for redemption, and upon the production of the transfer of the land in the prescribed form, with proof of the due execution thereof by the proper officer, the proper Master of Titles shall cause a notice to be mailed to the proper post-office address of the persons who appear upon the register to be interested in the land ; and after the expiration of three months from the mailing of the liotice, shall register the purchaser at the sale as owner of the land, with an absolute title; and shall, if required, issue to him a certificate of ownership in the prescribed form, unless the registration is in the meantime stayed by order of the Court, and in that •ase the registration shall not be made, nor shall the certifi- .tate be issued, except in accordance with the order and direc- non of the Court. R.S.O. 1897, c. 138, s. 68.

j:^^(2) Where it is made to appear to the Master that rhe purchaser has so dealt with the land that a mechanic's lien has or probably has attached thereto subsequent to the sale and a claim of lien has been registered against the land the Master may register the purchaser's title as subject to the claim of lien.""^!]

Cessation of Mechanics' Liens.

67. On its appearing to the satisfaction of the proper cancellation Master of Titles that a lien under The Mechanics and Wage Registered Earners' Lien Act has ceased to exist, the Master may niake Edw.*" vii., an entry accordingly, or an entry cancelling the claim; and^*-

the land affected shall therefoy be released there from the claim. R.S.O. 1897, c. 138, s. 69.

[As to registration of Mechanics' Liens, see The Mechanics' and Wage Earners' Lien Act, 10 Edw. VII. c. 69, s. 17.]

PART V.

OTHER DEALINGS WITH REGISTERED LAND.

Registered owner only may make registered disposition.

68. — (1) No person other than the registered owner shall dispositions, be entitled to transfer or charge registered freehold or lease- imp. 38 & 3» hold land by a registered disposition. 4»! "^

N

28

(2) Subject to the maintenance of the estate and right of such owner, any person, having a sufficient estate or interest in the land, may create estates, rights, interests and equities in the same manner as he might do if the land were not registered.

(3) Any person entitled to or interested in any unregis- tered estates, rights, interests, or equities in registered land may protect the same from being impaired by any act of the registered owner, by entering on the register such notices, cautions, inhibitions, or other restrictions as are authorized by this Act.

(4) No person other than the registered owner thereof shall be entitled to transfer a registered charge by a regis- tered disposition; but, subject to the maintenance of the right of such owner, unregistered interests in a registered charge may be created in the same* manner and with the same incidents, so far as the difference of the subject matter admits, in and with which unregistered estates and interests may be created in registered land. R.S.O. 1897, c. 138, s. 70. Amended.

Right of transferees, and

chargees, to regis- tration.

Right to Registration.

69. — (1) Every transfer or charge signed by a regis- tered owner or others claiming by transfer through, or under him, purporting to transfer or charge freehold or leasehold land, or an interest therein, capable of being registered, or purporting to transfer a charge, shall, until cut out by a con- flicting registration, confer upon the person intended to take under such transfer or charge, a right to be registered as the owner of such land or charge, and where a person applies to be registered under this section, the proper Master of Titles may either forthwith, or after requiring such notices to be given as he deems expedient, register such applicant as owner, subject to such incumbrances, if any, as the condition of the titile requires, notwithstanding that the transfer or charge has been executed or bears date prior to the entry of such trans- feror or chargor as the owner of the land or charge.

Application (2) Any person claiming to be entitled to freehold or etc., ^for reg- lc3,sehold land, or to an interest therein, capable of being registered, or to a charge, as devisee, heir, executor or admin- istrator of a person who might have been registered under subsection 1, or any person claiming through or under such devisee, heir, executor or administrator, may apply to be registered as owner of such land, interest or charge, and if no conflicting registration has been made, may be so regis- tered subject to the provisions of this section. »•

ist ration.

29

(3) On registering the applicant, tlie Master shall, so far^°^ °' as practicable, enter on the register short particulars of every instrument or other title uuder which the right is conferred, as if such instrument had been duly presented

for registration, or application for entry of transmission had been made in the proper order of time, and as a preliminary step to the registration of the applicant, may enter any intermediate transferee, heir, executor or administrator, as registered owner, where that method is more convenient.

(4) ^0 application by a person claiming through or under ah persons a deceased person shall be allowed unless all the persons must apply, entitled to the whole of the estate of the deceased in the

land are to be entered as owners. R.S.O. 1897, c. 138, s. 71.

(5) The Master may in like manner enter as owner of persons'' freehold or leasehold land or of a charge any person who is transmission entitled to such land or charge through the death of the owner.from unregis-

t6r6Q owner,

although the deceased had not been registered as owner, or any person who is entitled by virtue of the exercise of any power conferred by a statute, will, deed, or other instrument, whether the person so entitled claims directly from the deceased or directly under the power, or through any other person entitled by virtue of the death or power or through a succession of transfers or transmissions. 1 Edw. VII. c. 16, s. 2.

Notice of Lease.

70. — (1) Any lessee or other person entitled to or inter- ^-essee may ested in a lease or agreement for a lease of registered land registration where the term is for a life or lives, or is determinable on lease. a life or lives, or where the period of the lease or agreement imp. 38 & 39 yet to run is three years or upwards, or where the occupa-50; ^' *'' *' tion is not in accordance with such lease or agreement may apply to the proper Master of Titles to register notice of such lease or agreement in the prescribed manner. R.S.O. 1897, c. 138, s. 72 (1) ; 7 Edw. VII. c. 30, s. 8.

(2) Where the lease is by the registered owner of the ?^^Jterini land, the Master may without notice to him enter on the"easea.'

Ing

notices 01 LCI ua tuc

register such notice thereof as he deems necessary.

Imp. 38 A 39 v.. c. 87. a.

(3) Where the lease is not by the registered owner but his title appears to be subject thereto, or in the case of an agreement for a lease, the Master upon notice to such owner may enter notice of the lease or agreement on the register.

(4) The applicant shall deliver to the Master the original lease or agreement or a copy thereof; and if the applica-

30

lion is granted the Master shall make a note on the register idcntifjing the lease or agreement or copy so deposited, and the lease or agreement or copy so deposited shall be deemed to be the instrument of which notice is given, R.S.O. 1897, c. 138, s. 73 (1) ; 7 Edw. VII. c. 30, s. 9.

(5) If the registered owner concurs in a registration under subsection 2 or subsection 3, notice may be entered in such manner as may be agreed upon. R.S.O. 1897, c. 138, s. 73 (2).

(6) When so registered every "registered owner of the land and every person deriving title through him, except- ing owners of incumbrances registered prior to the registra- tion of such notice, shall be deemed to be affected with notice of the lease or agreement as being an incumbrance on the land, in respect of which the notice is entered.

(7) Where notice of such lease or agreement has been registered the Master, on proof, to his satisfaction of the determination of the lease or agreement, shall in the pre- scribed manner note the determination on the register. R.S.O. 1897, c. 138, s. 72 (2-3).

(8) Where a notice of a lease or of an agreement for a lease has been registered under this section, a transferee or a chargee of the lease or agreement may apply to have a notice of his transfer or charge entered on the register. New.

(9) Uuless the transferee or chargee has actual notice of a prior transfer or charge, a transfer or charge in respect of which a notice has been entered, shall take priority of one of which notice has not been entered. New.

Notice of Estates in Dower or by the Curtesy.

Registration '^^' Any person entitled to an estate in dower or by the estates^in °' curtesy in any registered land, may apply in the prescribed Hie^cur°esy'^ manner to the proper Master of Titles to register notice of Imp. 38 & 39 such estate ; and the Master, if satisfied of the title of such

V. c. 87 8. .

52! ' ' ' person to such estate, shall register notice of the same accord- ingly in the prescribed form; and when so registered, such estate s'hall be an incumbrance appearing on the register, ^ ■ and shall be dealt with accordingly. R.S.O. 1897, c. 138,

8. 74.

Caution against Registered Dealings.

Caution '«^2. — (1) Any person interested in any way in any land

against regis- ^^ charge registered in the name of any other person, may

31

lodge a caution with the proper Master of Titles to the effect \^^Jf ^owto that no dealings with such land or charge be had on the part^e lodged, ot the registered owner or other named person who is shown v., c. 87, s. to have an interest in the land until notice has been served upon the cautioner. E.S.O. 1897, c. 138, s. 75 (1) ; 7 Edw. VII. c. 30, s. 10.

(2) The caution shall be supported by an affidavit made by the cautioner or his agent or solicitor in the prescribed form, and containing the prescribed particulars.

(3) A person interested under a lease, or agreement for a lease, of which notice has been entered on the register, or a person entitled to an estate in dower, or by the curtesy, of which notice has been entered on the register, shall not be entitled to lodge a caution in respect of such lease or agree- ment or estate in dower or by the curtesy. E.S.O. 1897, c. 138, s. 75.

(4) Every caution founded upon an execution or upon an allegation that a transfer, charge or other dealing is frau- dulent shall be renewed before the expiration of five years from the date of lodging the same, otherwise it shall cease to have effect, and every such caution lodged five years before the passing of this Act shall, unless renewed, cease to have effect one year from the passing of this Act. New.

73.— (1) After any such caution has been lodged, the?ft"edTo'no!'' proper Master of Titles shall not, without the consent of the J^g^g^°'rgP[g°; cautioner, register any dealing with the land or charge until tered deai- after notice to the cautioner, warning him that his caution will cease to have any effect after the expiration of the pre- v^^'c. 87. s. scribed number of days next ensuing the date at which the^*' notice is served.

(2) After the expiration of such time the Master shall enter a cessation of the caution unless good cause for its continuance is shown. New.

■ (3) Upon the caution so ceasing, the land or charge shall be dealt with in the same manner as if no caution had been lodged.

(4) A notice to a cautioner shall not be required where ^'^en notice

1 -I 1 . 11 . , . 1 \ 1 . of proposed

the dealing proposed to be registered is under the authority repistered of a judgment or order of court in a suit or proceeding toneed"not be which the cautioner is a party, or where such dealing is ,?iu*tioner. under a power of sale contained in a charge or mortgage M'hich is prior to the title under which the cautioner claims, and the cautioner has been served with a notice of the pro- da

I

32

posed exercise of the power of sale, and the caution is not m respect of the exercise of the power of sale, or where the dealing is of such a nature that it cannot detrimentally affect the interest of the cautioner as claimed in the affidavit filed with his caution.

(5) The Master upon receiving the consent of the cautioner to the registration of a dealing may discharge the caution un- less the consent provides for its continuance, or he may dis- charge the caution as to the land or charge to which the deal- ing applies, but he shall not do so where from the nature of the dealing he is of opinion that the continuance of the cau- tion is contemplated. New. R.S.O. 1897, c. 138, s. 76.

Registered 74. — (1) Where the registered owner of any freehold or

Ingl:© the leasehold land has executed a transfer or a charge thereof, o¥hlrtran»- but claims that on account of special circumstances shown by feree. affidavit the transferee or chargee should not be registered

without notice to the registered owner, the proper Master of Titles may permit the registration of a caution by the regis- tered owner. E.S.O. 1897, c. 138, s. 77 (1) ; 7 Edw. VTL c. 30, 8. 11.

(2) The registration of such caution shall stay the regis- tration of the transfer until such notice has been served on the cautioner in accordance with the provisions of section 73. R.S.O. 1897, c. 138, s. 77, (2).

?4fingrde- '^^' If before the expiration of the prescribed period the

iurftVbefiS cautioner or some person on his behalf, appears before the

given. proper Master of Titles, and within such period, or such ad-

imp. 38 & 39 ditional period as the Master may allow, gives sufficient

55! ' ' security to indemnify every person against any damage that

may be sustained by reason of any dealing with the land or

charge being delayed, the Master may delay registering any

dealing with the land or charge for such further period as

he deems just, or may instead of taking the security register

such dealing, subject to the caution on any condition which

he thinks fit to impose, as to security or otherwise, or may

make such other order as he deems just. R.S.O. 1897, c. 138,

s. 78; 7 Edw. VIT. c. 30, s. 12 (1).

Entry of

second

caution.

76. A second caution by the same cautioner, or by any other person in respect of the same matter, shall not be lodged, or if lodged shall not be entered, or have any effect without the special permission of the proper ]\raster of Titles, which may be given either upon terms or without terms, as he may think proper. R.S.O. 1897, c. 138, s. 79 ; 7 Edw. VII. c. 30, s. 12 (2).

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33

Sale of Standing Timber.

77. Where timber standing upon registered land is sold ft^^^^ng under an agreement in writing, the purchaser, instead of timber, entering a caution, may deposit the agreement with the proper Master of Titles, and the Master, upon proof of the due exe- cution thereof by the owner, shall register the same as an in- cumbrance upon the land by entering a memorandum upon the register referring to the instrument and giving shortly the effect thereof. K.S.O. 1897, c. 138, s. 80.

Inhibition against Registered Dealings.

78.— (1) The Court or the proper Master of Titles upon ^"^1% °mas- the application of any person interested, made in the pre-t^r^to ^nhibii scribed manner in relation to any registered land or charge, dealings, after directing such inquiries, if any, to be made and notices imp. 38 & 39 to be given, and after hearing sucli persons as the Court or 57.' Master deems expedient, may issue an order or make an entry inhibiting for a time, or until the occurrence of an event to be named in such order or entry, or generally until further order or entry, any dealing witli registered land or with a registered charge.

(2) The Court or the Master may make an order or an f

entry, and may impose any terms or conditions which may be deemed just, and may discharge the order or cancel the entry, with or without costs, and generally act in the premises in such manner as the justice of the case requires, R.S.O. 1897, c. 138, s. 81.

Power of Registered Owner to Impose Restrictions.

79. — (1) Where the registered ovnier of freehold or lease- Power to hold land or of a charge desires to place restrictions on trans- strictionV on ferring or' charging the land or charge, he may apply to the '■®^*^*®'- proper Master of Titles to make an entry on the register ^P-^^^gf 'j* that no transfer shall be made or charge created unless the ^S- following things, or such of them as the owner may determine, are done ; that is to say —

(a) Unless notice of any application for a transfer or

for the creation of a charge is transmitted by registered post to such address as he may specify to the Master;

(b) Unless the consent of some person or persons, to

bo named by the owner, is given to the transfer or the creation of a charge ; or

n-96 I

84

(c) Unless some other matter or thing is done as may be required by the applicant and approved by the Master. R.S.O. 1897, c. 138, s. 82 ; 7 Edw. VII. c. 30, 8. 13.

Master to (2) If tho Master is satisfied of the right of the appli-

^t"ons '"jn^*^'"**^' cant to give such directions, he shall make a note of them register. q^ ^{^g register, and no transfer shall be made or charge Imp. 38 & 39 created except in conformity therewith.

v., c. 87, B. ' ^

(3) The Master shall not be required to enter any direc- tion, except upon such terms as to payment of the fees and otherwise as may be prescribed, or to enter any restriction that he may deem unreasonable, or calculated to cause in- convenience.

(4) Any such direction may at any time be withdrawn or modified at the instance of all the persons for the time being appearing by the register to be interested in such direction, and shall also be subject to- be set aside by the Court. RS.O. 1897, c. 138, s. 83; 7 Edw. VII. c. 30, s. 13.

69.

Notice by

PART VI.

SUPPLEMENTAL PROVISIOI^S.

Notice of Registered Instruments.

80. ISTo person other than the parties thereto shall be registration, deemed to have any notice of the contents of any instru- ments other t^han those mentioned in the existing register of title of the parcel of land or which have been duly entered in the books of the office kept for the entry of instruments received or are in course of entry. R.S.O. 1807, c. 138, s. 84.

Caution Against Entry of Land on Register.

Caution ®^* — C-^) ^^y person having or claiming such an inter-

against regis- est in any unregistered land as entitles him to obiect to any

tration of ..'^,^.,. . ., ^ . '' ''

land. disposition thereof being made without his consent, may

Imp. 38 & 39 lodge a caution with the proper Master of Titles to the effect «o; °' ' ■ that the cautioner is entitled to notice in the prescribed form, and to be served in the prescribed manner, of any applica- tion that may be made for the registration of such land.

Renewal of (2) Every caution under this section shall be renewed yeart. before the expiration of five years from the date of lodg-

ing the same, otherwise it shall cease to have effect.

96

35

(3) No caution registered under this section in respect of any unpatented land shall be of any validity unless the description contained therein specifies the land in accord- ance with the description subsequently contained in the Patent, or describes the same in such manner that the Master may know that the description in the caution is in- tended to affect the land described in the Patent. R.S.O. 1897, c. 138, s. 85. Amended.

Cautions as to Actions Pending.

82, A certificate of lis pendens affecting land shall not^^^g^^g be registered, but any party to an action, or his solicitor, or not to b« any person claiming to be interested in the action, may lodge ■d caution subject to the same conditions as in other cases. R.S.O. 1897, c. 138, s. 86.

General Provisions as to Cautions.

83. After a caution has been lodged in respect of any cautioner rn- imregistered land, and while the same is in force, registra- notice of tion shall not be made of such land until notice has been eistraUon "^of served on the cautioner to appear and oppose such registra- ^" '

tion, and until the prescribed time has elapsed after the date v"^'c.^\f "\^. of the service of such notice, or the cautioner has appeared, *2. whichever may first happen. R.S.O. 1897, c. 138, s. 88.

84, Every caution shall be supported by an affidavit in fypported ^'^ the prescribed form, stating the nature of the interest of ^^ affidavit, the cautioner, the land to be affected by the caution, and such imp. 38 & 39

V c 87 fe

other matters as may be prescribed. R.S.O. 1897, c. 138,61.' s. 87.

Caution Wrongfully Lodged.

85, Any person who lodges a caution without reasonable fjo^^fj^^m- cause shall be liable to make to any person who may sustain f^gP^f ^^^S damage by the lodging of such caution such compensation tion, as may be just; and such compensation shall be deemed to be imp. 38 & 39 a debt due from the person who has lodged the caution to 63.' the person who 'has sustained damage. R.S.O. 1897, c. 138, 8. 89.

86, — A caution shall not prejudice the claim or title of ^l^uon.** any person, and shall have no effect except as in this Act j^p gg ^ 39 provided. R.S.O. 1897, c. 138, s. 90. v^; <=• «'. *

N

Costs.

Payment 87. — (1) Any applicant under this Act shall be liable

prima facie to pay all costs, charges, and expenses incurred

v!l\^ 87* ^ by or in consequence of his application, except where parties

^'* whose rights are sufficiently secured without their appearance

object, or where any costs, charges or expenses are incurred

uimecessarily or improperly.

(2) The proper Master of Titles may order costs, either as between party and party, or as between solicitor and client to be paid by or to any person, party to any proceeding under this Act, and may give directions as to the fund out of which any costs shall be paid, regard being had to the provisions of subsection 1.

(3) Any person aggrieved by an order of the Master made under this section may appeal in the prescribed man- ner to the Court, which may annul or with or without modi- fication, confirm the order of the Master. R.S.O. 1897, c. 138, s. 91.

Enforcement of order.

(4) If any person disobeys any order of the Master made under this section, the Master may certify such disobedience to the Court, and thereupon, subject to sudh right of appeal, the order may be enforced in the like manner and by the like proceedings as if it were an order of the Court. R.S.O. 1897, c. 138, 8. 92.

Doubtful Questions of Law or Fact.

Master may 88. — (1) Where upon the examination of a title or upon for opinion an application with respect to registered land the proper app^y^for *di- Master of Titles entertains a doubt as to any matter of law he tha"?ssue. ^'^ ^^^J ^tate a case for the opinion of the Court and may name Imp 38 & 39 ^■^^ parties to it ; and where he entertains a doubt as to any v., c. 87, c. matter of fact he may direct an issue to be tried for the pur- pose of determining such fact, R.S.O. 1897, c. 138, ss. 93-94 ; 7 Edw. VII. c. 30, s. 14. Amended.

(2)y The practice and procedure on. and incidental to a case stated or on an issue directed under this section and the right to appeal from the judgment or other determina- tion thereof shall be the same as on a special case or on an issue directed in an action. New.

(3) The powers conferred by this section shall not be exercised by a local Master of Titles except with the approval of the Inspector. New.

9%

37

89. — (1) Where any infant, idiot, lunatic, person of un- J^ntervenUon^ sound mind, person absent from Canada, or person jet case^of ^hica- unborn is interested in the land in respe:;t of the title to persons. which a question arises as aforesaid, any pi-rsoii interested in imp. 38 & 39 the land may apply to the Court for a direction that the opin- yj; '^' ^' ion of the Court to which the case is stated under this Act shall be conclusively binding on such infant, idiot, lunatic, person of unsound mind, person absent from Canada, or un- born person. E.S.O. 1897, c. 138, s. 95.

(2) The Court shall hear the allegations of all parties power of appearing before it, and may disapprove altogether, or may bind'^interests approve, either with or without modification, of the direc-ta'te'd*pereons. tions of the proper Master of Titles in respect to any case j^^p jg ^ 39 stated as to the title of land. v^' c- s', a

(3) The Court may also, if necessary, appoint a guardian or other person to appear on behalf of any infant, idiot, lunatic, person of unsound mind, person absent from Canada, or unborn person.

(4) The Court, if satisfied that the interests of the person under disability, absent, or unborn, will be sufficiently repre- sented in any case, shall make an order declaring that all persons, with the exceptions, if any, named in the order, are to be conclusively bound; and thereupon all persons, with .such exceptions, shall be conclusively bound by the decision of the Court. E.S.O. 1897, c. 138, s. 96.

Certificates of Ownership, Office Copies of Leases, and Certificates of Charge.

90. If any certificate of ownership or office copy of a Loss of registered lease or certificate of charge is lost, mislaid, orcate, or certi- destroyed, the proper Master of Titles, upon being satisfied charge? or of that fact, may grant a new certificate of ownership or i^l^ ^°^^ °' office copy or certificate of charge in place of the former one, j gg . , R.S.O. 1897, c. 138, s. 98. v^. c. 87. ..

91. The proper Master of Titles, upon the delivery up to Renewal of him of a certificate of ownership, or of an office copy of adte, or cert'i- registered lease or of a certificate of charge, may grant a new ^hlrge?' of certificate of ownership or office copy of lease or certificate of °J2^| <^f*py o' charge in place of the one delivered up. R.S.O. 1897, c. ^ »„ . „

138, s. 99. v.. c. 87. B.

' - 79.

92. A certificate of ownership or certificate of charger.and certm- shall be prima facie evidence of the matters therein con-oate'of tained, and the office copy of a registered lease shall be offlcTcopTof

»•

38

lease to be

evidence. evidence of tte contents of the registered lease. R.S.O.

Imp. 38 & 39 , _,,„ -.oo -.r^rv

v.. c. 87, 8. 1897,0. 138,8. 100.

80. ' '

P^sTt*of'iand' ^3. Subject to any registered estates, charges, or rights o7offlce*cbpy ^^^ deposit of the certificate of ownership in the case of free- of lease. ]^q[^ land, and of the office copy of the registered lease in Imp. 38 & 39 the case of leasehold land for the purpose of creating a 81." ' ' lien on tte land to whicih such certificate or lease relates,

shall be deemed equivalent to a deposit of the title deeds of

the land. R.S.O. 1897, c. 138, s. 101.

Incorporeal Hereditaments, Mining Rights and Easements. Registry of 94, — (1) The proDcr Master of Titles may register the

special here- }■ ^ . ^ ^ ^ i- j. , i i .

ditaments. owner 01 any incorporeal hereditament oi freehold tenure, Imp. 38 ft 39 enjoyed in gross, also the owner of any mines or minerals 82.' ^' ' "' where the ownership of the same has been severed from the ownership of the land, in the same manner and with the same incidents in and with which he is by this Act empowered to register the owner of land, or as near thereto as circum- stances admit. R.S.O. 1897, c. 138, s. 102.

oif basement ^^^ Where an easement in or over unregistered land when domi- [^ granted as appurtenant to registered land, the Master, registered, after such examination as he deems necessary, may enter such easement in the register of the dominant land with a declaration that the title thereto is absolute, qualified or pos- sessory, or otherwise as the case may require, and shall cause to be registered in the proper registry division a certificate of such entry.

Certificate of (3) Where an easement in or over registered land is when domir granted as appurtenant to unregistered land the Master may unregist"red. issue a certificate setting out such easement and the land to which it is appurtenant, which may be registered in the registry division in which the land is situate and he shall note on the register that such certificate has been issued. 7 Edw. VII. c. 30, s. 15.

General Provisions.

Enactment ^^_ 95.— (1) There shall not be entered on the register or be tration. receivable any notice of any trust, express, implied, or con-

Imp. 38 at 39 . , •

v., c. 87. a. structive.

83.

Trusts. ^2) Describing the owner of any freehold or leasehold land

or of any charge as a. trustee, whether the beneficiary or ob- ject of the trust is or is not mentioned, shall not be deemed a notice of a trust within the meaning of this section, nor

39

shall such description impose upon any person dealing with such owner the duty of making any enquiry as to the power of the owner in respect of the land or charge or the money secured by the charge, or otherwise; but, subject to the regis- tration of any caution or inhibition, such owner may deal with the land or charge as if such description had not been inserted.

(3) Where two or more owners are described as trustees, the property shall be held to be vested in them as joint tenants unless the contrary is expressly stated. R.S.O. 1897, c. 138, ?. 103, par. 1 ; 2 Edw. VII. c. 19, s. 1.

(4) Nothing in this section shall prevent the registration of a charge given by an incorporated company for the purpose of securing bonds or debentures of the company. 9 Edw. VII. c. 26, s. 15.

96. — (1) Xo person shall be registered as owner of ^ny ^i[^^*]|?g^jj''^^^ undivided share in any freehold or leasehold land or of any charge apart from the other share or shares.

(2) The share of each owner may be stated, and where the extent of his interest appears on the register, or by the state- ment of his co-owners, he may transfer or charge his share, or he may without such statement transfer his share to his co-owners. R.S.O. 1897, c. 138, s. 103, pars. 1 and 2. a-ynended.

97. — (1) Where the number of persons who may be regis- tered as the owners of the same freeliold or leasehold land or charge is limited by a Rul(\ a number of persons exceeding the number prescribed shall not be registered as owners of such land or charge; and if the numher of persons shewing title exceeds the prescribed number, such of them not exceed- ing the prescribed number as may be agreed upon, or as the proper Master of Titles in case of difference decides, shall be registered as owners.

(2) Upon the registration of two or more persons as ow- ners of the same land or of the same charge, an entry may, with their consent, be made on the register, to the effect that when the number of such owners is reduced below a certain specified number, no registered disposition of such land or charge shall be made, except under the order of the Court.

(3) In such a case the words "No survivorship" in the oJJhip.""'*''' entry shall be construed to mean that if any one of the owners

should die, no registered disposition of the land or charge

shall be made except under order of the Court. R.S.O. 1897,

c. 138, 8. 103, pars. 3, 4, 5. 90

40

Description of land.

98. — (1) Registered land shall be described in such man- ner as the proper Master of Titles deems best calculated to secure accuracy, but such deficription shall not be conclusive as to the boundaries or extent of the land.

(2) No alteration shall be made in the registered descrip- tion of land, cxcc])!. under the order of the Court, or under section 119, or by way of explanation, or under "Rules of Court; but this provision shall not extend to registered deal- ings with registered land in separate parcels, although such land was originally registered as onv, parcel. R.S.O. 1807, c. 138, 8. 103, pars. 6, 7.

■V'clmditions ^^- — (^) There may be registered as annexed to any land

or covenants which is being or has been registered, subject to general rules

land. and in the prescribed manner, a condition or covenant that

Imp. 38 & 39 such land or any specified portion thereof is not to be built

84.' ^' ^^' ^' on, or is to be or not to be used in a particular manner, or

any other condition or covenant running with or capable of

being legally annexed to land. R.S.O. 1897, c. 138, s. 104

(1); 7 Edw. VII., c. 30, s. 16 (1).

(2) The first owner and every transferee, and every other person deriving title from him, shall be deemed to be affected with notice of such condition or covenant ; but any such con- dition or covenant may be modified or discharged by order of the Court, on proof to the satisfaction of the Court that the modification will be beneficial to the persons principally interested in the enforcement of the condition or covenant. R.S.O. 1897, c. 138, s. 104.

Covenants (3) The entry on the register of a condition or covenant

running with as running with or annexed to land shall not make it run

with the land, if such covenant or condition on account of

its nature, or of the manner in which it is expressed, would

not otherwise be annexed to or run with the land.

franrfers"* ^^ ^ Where a condition or covenant has been entered on the register as annexed to or running with land, and a similar condition is contained in a subsequent transfer or a similar covenant is in express terms entered into with the owner of the land by a subsequent transferee, or vice versa, it shall not be necessary to repeat such condition or covenant on the register or to refer thereto, but the proper Mastep of Titles may, upon a special application, enter such condition or covenant either in addition to or in lieu of the condition or covenant first mentioned. 7 Edw. VII., c. 30, s. 16 (2).

Registered 100. All the provisions of TJic Trustee Act which are

within Rev. riot inconsistent with the provisions of this Act shall apply

Stat c. 129.

96

41

to land and charges registered under this Act, but this en- imp. 38 & 39 actment shall not prejudice t!he applicability to such land and ssV ^' charges of any provisions of that Act relating to land or choses in action. R.S.O. 1897, c. 138, s. 105.

101. Neither the Master of Titles, nor any Local Master I'jdemnity ot

/• m • 1 • 1 1 • 1 • Master of

of Titles, or any person acting under their authority, or Titles, under any order of Court or general rule, shall be liable to imp. 38 & 39 any action, suit, or proceeding for or in respect of any act 86 *^' or matter bona fide done or omitted to be done in the exer- cise or supposed exercise of the powers conferred by this Act, or of any such order or general rule. R.S.O. 1897, c. 138, s. 106.

Instruments need not he Sealed.

102. Notwithstanding the provisions of any statute, or Charges^ and any rule of law, any charge or transfer of land registered may be under this Act may be duly made by an instrument not seai. under seal, and if so made, the instrument and every agree- ment, stipulation and condition therein shall have the same

effect for all purposes as if it were made under seal. R.S.O. 1897, c. 138, 8. 107. Amended.

Married Women.

103. A married woman shall for the purposes of this Execution of

All -If 7 1 •! 1 Instruments

Act be deemed a feme sole, and may execute without seal by married any bar of dower or other instrument required under this Act. R.S.O. 1897, c. 138, s. 108.

Persons under Disability.

104. — (1) In case any person who, if not under disability where any might have made any application, given any consent, or minor or done any act, or been party to any proceeding under this^ardian, Act, is an infant, an idiot, or a lunatic, the guardian of the act' '"^^ infant, or committee of the estate of the idiot or lunatic, j^p 35 ^ 3^ may make such application, give such consent, do such act, ^j- <=• *'• " and bo party to such proceedings as such person, if free from disability, might have made, given, done or been party to, and shall otherwise represent such person for the pur- poses of this Act.

(2) If the infant has no guardian, or the idiot or lunatic offlciai

1 . e ^ • . p 1 guardian to

has no committee of his estate, or if a person yet unborn act if no is interested, the official guardian shall act with like power. ft*c*%r"Ma8- or the proper Master of Titles may appoint a person with like po^nrsom'e* power to act for the infant, idiot, lunatic, or person yet nn-P^"°"- born. R.S.O. 1897, c. 138, s. 97.

6-96

42

Plana.

Plan of lots 105. — (1) Where land is surveyed and subdivided for

by pfan to be the purpose of being sold or conveyed in lots by reference

registered ^^ ^ pl^^ which has not been already registered, the person

making the survey and subdivision shall register in the

proper Land Titles Office a plan of the land on a scale of

not less than one inch to every four chains.

Lot number (2) The plaii shall show in black India ink the number

to D6 snown. ^ '

of the township, city, town or village lots and range or con- cession as originally laid out, and all the boundary lines thereof within the limits of the land being subdivided, except where such plan is a subdivision of a lot or lots on a former plan, in vsdiich case it shall show in ink of another colour the numbers or other distinguishing marks of the lot or lots subdivided and by broken lines the boundary lines thereof.

b(fnumb*ered (^) "^^^ number or other distinguishing mark, and the and scale width both front and rear shall be marked on each lot of the subdivision in black India ink, the scale shall also be marked on the plan, and such information as will show the depth of the lots and the courses of all the boundaries of or the divi- sion lines between the same, and the governing line or lines to which such courses are referred shall also be indicated.

monumentu (^) "^^^ position of all the posts or monuments, if any, planted by the surveyor, or of other objects marking the boundaries of any of the lots or the corners thereof shall also be shown.

Roada, rail- (5) The plan shall also show all roads, streets, railway

ways, rivers, i^jj^jg^ rivers, canals, streams, lakes, mill-ponds, marshes or

other marked topographical features within the limits of the

land so subdivided, together with such other information as

is required to show distinctly the position of the land.

tohave«ime (^) ^^ ©Very such plan the lots shall be so described and number. designated by numbers, letters or words, that there shall not be more than one lot on such plan described and desig- nated by the same number, letter or word, notwithstanding that the lots are on different sides of the same street or on different streets or in different blocks, and where the desig- nation is by numbers the lots shall be numbered consecu- tively.

* whanandiB C^) The plan shall also show distinctly what land is being

laid out. laj^ Q^^ thereby, and shall by proper colouring distinguish

such land from all other land shown on the plan, but not in

fact laid out thereby, and the last mentioned land shall be

shown uncoloured.

96

43

(8) The plan shall be mounted on stiff pasteboard of good ^°a"a"ze^ quality, and when it exceeds thirty inches in length by °f P^^-n. twenty-four inches in width shall be folded so as not to ex- ceed that size, and no such plan shall be less than twenty- four inches in length or twelve inches in width.

(9) The plan before being registered shall be signed by J; J^^n'f"^*^ the person or the chief officer of the corporation by whom or by'^ian'd^^^^ on whose behalf the same is deposited, and shall be certified surveyor, by an Ontario Land Surveyor in the prescribed form.

(10) The proper Master of Titles, before filing the plan, require "ex^ may require evidence to be given explaining any seeming ^^^"^**°"" discrepancy between the measurements on the plan and the description of the land in the register, or may require evi- dence respecting any other matter of which he requires ex- planation. New.

See 10 Edw. VIL, c. 60, s. 80.

(11) Every person who deposits a plan of any survey or^l^g^J °' subdivision of land made by such person for the purpose ^^^^!^^ of selling or conveying the same in lots, or of any alteration

of a previous survey or subdivision, shall at the same time deposit a duplicate of such plan, and the Master shall endorse thereon a certificate showing the number of such plan and the date when the duplicate original thereof was filed with him, and the same shall be delivered by the Master to the treasurer, or assessment commissioner of the local muni- cipality in which the land is situate upon request and with- out fee.

(12) The Master shall not file or register any plan unless and until a duplicate thereof is deposited in accordance with the provisions of subsection 11. R.S.O. 1897, c. 138, s. 109.

(13) In the case of surveys hereafter made the plan shall be accompanied by a copy certified by the sun'^eyor by whom the survey was made to be a true copy of the field notes of the survey.'

106. — (1) In cases not provided for by section 105, the ^^^^^ter may

-irrm-i • i ' e require plan

proper Master of Titles may require a person applying for to be regis- registration to deposit a plan of the land, with the several certain measurements marked thereon, certified by an Ontario Land *^*^®*- Surveyor, and as many counterparts as may be required, upon one of the following scales : —

(a) If the land, or the part thereof proposed to be R"ies 50 and

/• 1 1 1 • 1 • c T t ^^ made un-

transferred or dealt with, is of less area than der imp. Act one acre, the plan shall be on a scale not less than one inch to two chains;

44

iti

Plan of street, road, lane, or common.

(b) If the land, or the part thereof proposed to be

transferred or dealt with, is of greater area than one acre, but not exceeding five acres, the plan shall be on a scale not less than one inch to five chains ;

(c) If the land, or the part thereof proposed to be

transferred or dealt with, is of greater area than five acres, but not exceeding eighty acres, the plan shall be on a scale not less than one inch to ten chains ;

(d) If the land, or the part thereof proposed to be

transferred or dealt with, is of greater area than eighty acres, the plan shall be on a scale of one inch to twenty chains.

(2) The owner shall sign the plan and verify its accur- acy before some person authorized under section 132.

(3) If the owner neglects or refuses to comply with such requirements, the Master may refuse to proceed witb the registration of the transfer or dealing.

(4) Subsequent subdivisions of the same land may be delineated upon a duplicate of the plan so deposited, if the scale upon which it is drawn permits of that being done in conformity to the provisions of subsection 1 ; and the accuracy of the delineation of each such subdivision shall be certified and verified in the manner prescribed by sub- sections 1 and. 2.

(5) Where the land of which a plan is directed to be deposited includes parts of different subdivisions, the plan shall represent the whole of each subdivision and shall indi- cate the location of the land to be transferred ; but this shall not be necessary in the case of lots in a city, town or village, the plan of which has been registered, unless the Master otherwise directs.

See Rules No. 67.

107. In case a plan of subdivision lays out any portion of the land as a street, road, lane or common, it shall not be registered unless on the application of the ovtmer of the land subdivided, with the consent in writing of all persons who are registered as mortgagees or chargees thereof. Vide R.S.O. 1897, c. 136, s. 102 (4).

108. AH instruments affecting the land or any part

i.D«truments , .^ ^

form to thereof lodged with the proper Master of Titles after a plan

plan.

»6

45

is registered, shall conform and refer thereto, or registration shall not be had thereunder, unless the Master under special circumstances deems it proper to accept the same. New.

109. No plan upon which a road, street or highway less ^mng^ p^ans than 66 feet wide is laid out shall be registered unless and less than 66 until the assent of the proper municipal council is registered width, therewith where such assent is by law necessary, and no plan upon which a street, road or lane is laid out shall be filed in any such office unless there is filed therewith the approval of the proper municipal council or unless such plan is ap- proved by a Judge of the County or District Court of the county or district in which the land lies, where the same is not in the County of York or City of Toronto, or by the Master of Titles where the land is in the County of York or City of Toronto, after notice in each case to the proper municipal council. K.S.O. 1897, c. 138, s. 110; 8 Edw. VIL, c. 38, s. 1.

110. — (1) 1^0 plan, although registered in an office o^ b/ndin"°*^ Land Titles, shall be binding on the person registering the unless sale

,, 1 111 1 made accord-

same, or upon any other person, unless a sale has been made ing to it.

according to such plan ; and in all cases amendments or alter- ations thereof may be ordered to be made at the instance of the person registering the same or his assigns,

(a) By the High Court, or by a Judge thereof. Amendment

{h) Where the land is not in the County of York or City of Toronto, by a Judge of the County or District Court of the county or district in which the land lies, or

(c) Where the land is in the County of York or City of Toronto by the Master of Titles,

if on application for the purpose duly made, and upon hear- ing all persons concerned, it is thought just so to order, and upon such terms and conditions as to costs and otherwise as may be deemed just and expedient.

(2) An appeal shall lie from any such order to the Court of Appeal. R.S.O. 1807, c. 138, s. 111.

111. Where all the lots on any plan of subdivision re- Transfer of

,. . ^ -111'* plans from

gistered in a registry office are registered unger this Act, registry the proper Master of Titles may require the Registrar to° deliver the plan to him to be registered in his office; and the Registrar shall thereupon deliver the same, taking a receipt therefor. R.S.O. 1897, c. 138, s. 112.

46

Notices.

Address of 112. — (1) Every person whose name is entered on the register. register as owner of freehold or leasehold land or of a charge, Imp. 38 & 38 or as cautioner, or as entitled to receive any notice, or in any gg' c. 8 . 8. (j^jjgj. character, shall furnish a place of address in Ontario, and may from time to time substitute some other place of address in Ontario for that originally furnished.

(2) If any such person fails to furnish a place of address for service, a notice sent by post addressed to such person at the place named in the registered instrument under which he claims^ as his place of residence, shall be sufficient, unless the proper Master of Titles otherwise directs. R.S.O. 1897, c. 138, s. 113.

Service of notices.

(3). Every notice by this Act required to be given to im 38 & 39 ^""-^ person shall be served personally, or sent by registered v., c. 87. & post directed to such person at the address or last address, as the case may be, furnished, and unless returned, shall be deemed to have been received by the person addressed within such period, not less than seven days exclusive of the day of posting, as may be prescribed. R.S.O. 1897, c. 138, 8. 114.

Return of notices by

(4) The envelope containing any notice under this Act imp."°3T& 39 ^^^^^ ^^^^ printed thereon the words " Office of Land Titles," v.. c. 87. 8. and a request in the prescribed manner for the return thereof

to the office of Land Titles, in case the person to whom the notice is addressed cannot be found.

(5) On the return of any envelope containing any notice, the Master shall act in the matter requiring the notice to be given in the manner prescribed. R.S.O. 1897, c. 138, s. 115.

for^^fS" 113. A purchaser for valuable consideration when regis- "ot tered shall not be affected by the omission to send any notice

omission to by this Act directed to be given, or by the non-receipt thereof.

send notices. ^^ jy ^g^^ ^ ^gg

Imp. 38 & ' '

39 v.. c. 87,

Specific Performance.

cSrin^ac- "'■■^^- — (^) Where an action is instituted for the specific tion for spe- performance of a contract relating to registered land, or a

clflc perform- •, i, ,ii^ i- • ,.,.

ance. registered charge, the Court having cognizance of the action

Imp. 38 & 39 "lay by such mode as it deems expedient, cause all or any per- 93"! ^' ' "^ sons who have registered estates or rights in the land or charge, or have entered notices, cautions or inhibitions against the same, to appear in the action, and shew cause why the con- tract should not be specifically performed; and the Court may direct that any order made by the Court in the action shall be binding on such persons or any of them. R.S.O. 1897, c. 138, 8. 117.

47

(2) All costs awarded to any person so appearing may, ^°^jq° *^. if the Court so orders, be taxed as between solicitor and<^'flc perform-

' ance.

client. K.S.O. 1897, c. 138, s. 118. Amended.

' ' Imp. 38 & 39

v., c. 87, 8.

Rectification of the Register.

115. Subject to any estates or rights acquired by regis- me^nt^'ol^'ad- tration in pursuance of this Act, where any Court of com- j.^®[|® ^ "t^® petent jurisdiction has decided that any person is entitled j^ ss & 39 to any estate, right, or interest in or to any registered land v^-. c. 87. or charge, and as a consequence of such decision the Court

is of opinion that a rectification of the register is required, the Court may make an order directing the register to be rectified in such manner as may be deemed just. R.S.O. 1897, c. 138, s. 119.

116. Subject to any estates or rights acquired by regis- ^^^^^^^^1^^^° tration in pursuance of this Act, if any person is aggrieved under order by any entry made, or by the omission of any entry from the register, or if default is made or unnecessary delay takes v., "c. 87. s. place in making any entry in the register-, any person ' aggrieved by such entry, omission, default, or delay, may

apply to the Court in the prescribed manner for an order that the register may be rectified ; and the Court may either refuse the application with or without costs to be paid by the applicant, or may, if satisfied of the justice of the case, make an order for the rectification of the register. E.S.O. 1897, c. 138, s. 120.

117. The Master of Titles and the Local Masters of Titles ^^y Orders shall obey the order of any competent Court in relation to°' °°"^*- any registered land, on being served with the order or an ^p. 38^& 39 office copy thereof. R.S.O. 1897, c. 138, s. 121. 97.' ""' ' **

Cancellation

118. — (1) Upon the conviction under this Act, or under of fraudu the Criminal Law of Canada, of any person for an offence entries, whereby such person fraudulently procured an entry on the register by reason of which any person other than the right- ful owner has become the registered owner of land, or by reason of which land under this Act has been wrongfully incumbered, the proper Master of Titles, on the application of the rightful owner, may cancel such wrongful entry and may enter the rightful owner as the registered owner of the land.

... .1 Where land

(2) If while the wrongful entry was subsisting on tne has been register any innocent person has been registered as the to^ owner of any charge upon, or any estate, right or interest [^"JJ^^*"* in the land, the Master, instead of cancelling the wrongful

M

48

entry may make an entry on the register stating the faot of the conviction and revesting the land in the rightful owner subject to such charge, estate, right or interest, and the land shall thereupon be vested in the person named in such last mentioned entry in accordance with the terms thereof.

(3) This section shall apply to past as well as future cases. 1 Edw. VII., c. 16, 8. 1.

Entry of 119. — (1) The proper Master of Titles may sua sponte

Master in^ and without affidavit enter a caution to prevent the dealing errof.°' with any registered land when it appears to him that an error

has been made in any entry by mis-description of such land,

or otherwise.

Correction of (2) Subject to the rules the Master, before the receipt of any conflicting instrument, or after notifying all persons interested, upon such evidence as appears to him sufficient, may correct errors and supply omissions in certificates of ownership or of charge, or in the register, or in any entry therein, and may call in any outstanding certificate for that purpose. R.S.O. 1897, c. 138, s. 122.

Restoration (3) Where the Master under this section restores to the

of covenants \ / ^ t^' i i .11

or conditions register any covenant or condition he may do so with such

sation"there- modifications as he deems advisable so as to do the least

'"''■ possible injury to the persons affected by their omission, or

by their restoration, and upon notice to the Attorney-General

for Ontario, at the same time or subsequently may determine

what damages, if any, shall be paid to any of the persons

' claiming to have been injuriously affected by the omission

of the covenants or by their restoration. 2 Edw. VII., c.

19, 8. 2.

?m)M "in*^ °^ 120. Where land has been registered under this Act, and patents after the Minister of Lands, Forests and Mines under The Public

registration, r j a 1 f • ■> nii

Rev. Stat. c. Lands Act directs an incorrect patent to be cancelled and a correct one to be issued in its stead, the proper Master of Titles, upon receipt of the subsequent patent, if no conflict- ing instrument has been received, shall amend the entry on the register to accord with the amending patent, or if a con- flicting instrument has been received, the Master, after noti- fying all persons interested, may make such amendment. R.S.O. 1897, c. 138, a. 123.

Fraud.

disposuions 121. Subject to the provisions of this Act with respect to

registered dispositions for valuable consideration, any dis- on

v.. c. 87. a. position of land or of a charge on land which, if unregis

49

tered, would be fraudulent and void, shall, notwithstanding registration, be fraudulent and void in like manner. R.S.O. 1897, c. 138, s. 124.

122. — (1) Any person who fraudulently P^^^^^^' SlutSent attempts to fraudulently procure, or is privy to the frau- acts dulent procurement of any entry on the register, or of any to be erasure from the register or alteration of the register, shall °**®"^^^- be guilty of an offence under this Act, and upon conviction v!!^c.^ It? ^^ shall be liable to imprisonment for any term not exceeding s- loo. two years, with or without hard labour, or to be fined such sum not exceeding $1,000 as the Court before which he is tried may adjudge.

(2) Any such entry, erasure, or alteration shall be void as between all parties or privies to the fraud. R.S.O. 1897, c. 138, s. 126. Amended.

See The Criminal Code, ss. 175 and Ji-20, as to the fraudu- lent registration of titles and making false affidavits.

ASSURANCE FUND.

123. — (1) An Assurance Fund shall be formed for the Assurance , indemnity of persons who may be wrongfully deprived of land or some estate or interest therein by reason of the land being brought under the provisions of this Act, or by reason of some other person being registered as owner through fraud, or by reason of any misdescription, omission, or other error in a certificate of ownership or of charge or in any entry on the register. R.S.O. 1897, c. 138, s. 130 (1).

(2) In order to constitute such fund, there shall be pay- Assurance able on the first registration under this Act of any land with constituted, an absolute or qualified title, in addition to all other fees a

sum equal to one-fourth of one per cent, of the value of the land apart from the buildings or fixtures thereon, and one- tenth of one per cent, of the value of the buildings and fix- tures, and with a possessory title one-eighth of one per cent, of the value of the land apart from the buildings or fixtures thereon, and one-twentieth of one per cent, of the value of the buildings and fixtures. 3 Edw. VII., e. 12, s. 5.

(3) Where the sum to be paid under the foregoing pro- vision does not amount to $1, the amount payable shall be $1. 3 Edw. VTI., c. 12, s. 5.

(4) Subject to the rules, money payable under subsections 2 and 3 shall be paid into Court, with the privity of the Accountant of the Supremo Court, and shall be placed to

7-96

50

the credit of an aooount to be intituled "Assurance Fund under the Land Tilks Act," and subject to the provision of subsection 5, shall be invested from time to time under the direction of the Court, and the interest or income derived therefrom shall be credited to the same account. K.S.O. 1897, c. 130, s. 130 (3).

(6) All money paid under this section, and in Court at the credit of the "Assurance Fund " and all money hereafter payable under this section shall, on his demand, be paid to the Treasurer of Ontario. 10 Edw. VII., c. 61, part.

(6) Where the amount to be paid into the assurance fund is not more than $10, no fee shall be payable for a direction to the bank to receive the same, and where such amount is payable in respect of a proceeding before a I.,ocal Master of Titles, the person desiring to pay the same may, at his own risk, transmit the amount by a money order, payable to " The Accountant of the Supreme Court at Toronto," in a registered letter addressed to the Accountant, together with a requisition in the prescribed form.

Valuation (7) Subject to the rules the value of the land shall be

fand'^by ascertained by the oath of the applicant, unless the proper applicant. Master of Titles dispenses therewith.

Master may

obtain

valuation.

(8) Subject to the rules, if the oath of the applicant is dispensed with, or if the Master is not satisfied as to the correctness of the value stated by the oath of the applicant or of any other person, he may require the affidavit or cer- tificate in that behalf of a sworn valuator ; and such affidavit or certificate shall be conclusive.

Expenses of valuation.

Election to have fees for assur- ance funds made charge.

(9) The expense of obtaining such valuation or certificate as allowed by the Master shall be paid to the Master by the registered owner, before any dealing with the land is regis- tered. E.S.O. 1897, c. 138, s. 131.

(10) The Master may require any applicant for registra- tion to indemnify the Assurance Fund against loss by a bond or covenant to His Majesty, either with or without sureties or by such other security as he considers expedient. R.S.O. 1897, c. 138, s. 130 (3-7). Amended.

(11) It shall not be necessary that the assurance fees pay- able on first registration be then paid, but if not then paid the same shall be a charge on the land, and the amount with interest at 5 per cent, compounded annually shall be stated in the entry of owne»^hip to be a charge on the land, and

06

51

no subsequent transfer or charge of the land or any trans- mission thereof, or any part thereof, shall be registered, ex- cept as is in this section provided, until the amount of such Proviso, charge shall have been paid into the Assurance Fund and proper proof of such payment furnished to the Master, but this subsection shall not apply to cases coming within sub- section 12.

(12) In the case of land situate in any of the Provisional Judicial Districts where the letters patent or a certified copy of the order in council granting the land has been forwarded I'.' the Local Master of Titles for the purpose of pegistration, and the amount payable into the Assurance Fund is not paid, a note shall be made on the register and on the certificate that ihe land is liable to pay the assurance fee, and no subsequent transfer or charge of the land or any transmission thereof shall be registered until such assurance fee, namely, a sum equal to one-fourth of one per cent, of the value at the time of payment of the land apart from the buildings or fixtures and one-tenth of one per cent, of the value of the buildings erected on or affixed thereto before the first registration thereof, but not in any case less than one dollar in respect of any parcel, is paid. R.S.O. 1897, c. 138, s. 171 (2) ; () Fdw. VIL, c. 19, 8. 20 (2). Amended.

(18) Where land is sold for taxes, or upon the winding up of a company, or under execution, or under the order ol a Court, the Master may register the new immediate ownership subject to such charge, and where part of a parcel is so sold or is expropriated he may, upon proof of payment of the proportion of such assurance fund charge which he deems to be fairly attributable to the part so sold or expro- priated, note in the register the fact of such payment in re- spect of the land so sold or expropriated, and enter that part as free of the charge.

(14) Where land exceeding 400 acres is entered in one parcel the Master, upon a transfer of part of such parcel, may, in like manner, allow payment of a proportionate part of the assurance fees and enter the part transferred free of the charge. 3 Edw. VIT., c. 12, s. 6, amended; 7 Edw. VIT., c. 30, s. 21, amended.

124.— (1) Any person wrongfully deprived of land, or ^e'.'^o"?'' ''' of some estate or interest therein, by reason of the land being ayprived^of brought under this Act, or by reason of some other person ^^^^ being registered as owner through fraud or by reason of any misdescription, omission or other error in any certificate of ownership or charge, or in any entry on the register, shall be entitled to recover what is just, by way of compensation

N

52

or damages, tfoiii ibe person on whose application the erroneous k -i.-traiiun was made, or who acquired the title through the iiaud or error, li.8.0. 1897, c. 138, s. 132 (1) ; 7 Edw. VII., c. 30, s. 18.

(2) Subsection 1 shall not render liable any purchaser or mortgagee in good faith for valuable consideration by reason of the vendor or mortgagor having been registered as owner through fraud or error, or having derived title from or through a person registered as owner through fraud or error, w^hether the fraud or error consists in a wrong description of the property or otherwise.

(3) If the person so wrongfully deprived is unable by such means or otherwise to recover just compensation for his loss, he shall be entitled to have the same paid out of the assurance fund, so far as the fund may be sufficient for that purpose having reference to other charges thereon, if the application is made within six years from the time of having been so deprived; or, in the case of a person under the disability of infancy, lunacy or unsoundness of mind, within six years from the date at which the disability ceased.

(4) The liability of the, fund for compensation and the amount of compensation shall, subject to appeal as in other cases, be determined by the Inspector, unless the Court or the Inspector on application directs some other way of ascer- taining and determining the same.

(5) Tlie costs of the proceedings shall be in the discretion of the Court or of the Inspector.

(6) Any sum paid out of the assurance fund may after- wards for the benefit of the fund be recovered by action in the name of the Inspector, from the person on whose applica- tion the erroneous registration was made, or who acquired the title througli the fraud or error or from his estate and the Inspector's certificate of the payment out of the assurance fund shall be sufficient proof of the debt, but where the erroneous registration was made or the title acquired by mere error and without fraud, credit shall be given for any sum v/hicli such person may have paid into the assurance fund ^S^in respect of such land.'^^^ R.S.O 1897, c. 138, s. 132 (2-5). Amended.

Imp. Act, C^) Where a registered disposition would, if unregis-

c^'es ^'* tered, be absolutely void, or where the effect of the error s! 7 ^2). would be to deprive a person of land of which he is in pos- session, or in r(>ccipt of the rents and profits, the Inspector may in the first instance or after a reference to the Court

99

53

direct tlie rectification of the register, and in case of sucb Rectification rectification the person sufl'ering by the rectification shall be entitled to the compensation provided for by this section. 7 Edw. VII., c. 30, s. 17.

125. — (1) Where any person makes a claim upon the valuation of assurance fund for compensation in respect of land patented where com- as mining land or in respect of any land the chief value of cfaimed" which consists in the ores, mines or minerals therein and it assurance appears that such person is entitled to recover in respect of '""^• such land or of some interest therein, in determining the amount of compensation to be paid to such person the entire value of the land shall not be taken at a greater sum than eight hundred times the amount of the fees paid into the assurance fund in respect of the land, either in the first in- stance or under the provisions of section 126.

(2) Where such fees or some part thereof were paid into the fund in respect of other land in addition to that for which a claim is so made without it appearang what amount was paid in respect of the particular parcel of land with refer- ence to which the claim is made, the fees so paid, or the portion thereof as to which the fact may not appear to be otherwise, shall be deemed to have been paid pro rata in accordance with the acreage or other superficial contents of the whole parcel or of the various parcels in respect of which the fees were paid. K.S.O. 1897, c. 138, s. 133.

i 126. — (1) Where any person taking a transfer or charge Additional

r 1 J • -i^i,- xi- • • J- .1 . payments

oi any land commg within the provisions of the next pre- into fund ceding section is of the opinion that a value to be determined feree^^etc. under such section would not furnish a fair basis for com- pensation in case of loss he may with the privity of the proper Master of Titles pay into Court to the credit of the assurance fund such further sum as shall with the amount previously paid into the assurance fund in respect of such land make up one-fourth of one per cent, of the value of the land at the time of making the payment, such value to be determined in the manner provided by section 123.

(2) No such additional payment shall be made except by special leave of the Master, unless the same is made within three months after the registration of the transfer or charge under which such person claims.

(3) No such payment shall affect the valuation of the land where the error which gives the right to compensation was committed before such payment was made. R.S.O. 1897, c. 138, 6. 134.

54

Entry to be ^4) Where any additional payment is made under this

Additional section, the Master shall enter a memorandum of the particu-

payment.. ^^^^ thereof in the margin of the entry of ownership, and

shall in such entry show the total amount which has been

paid into the fund in respect of such land. K.S.O. 1897,

c. 138, 8. 135.

No claim to 127. — (1) No person shall be entitled to recover out of tkm^f^om the assurance fund any compensation where

assurance fund.

When

person first registered could have conveyed good title to purchaser for value without notice.

Proviso.

New

Zealand Act, NO. 57. 1885, s. 53.

(a) The claim is founded upon a right existing at the time of the first registration of the land and the state of the title of the land at that time was such that the person who was first registered, or the person on whose nomination or authorization such registration was made by a duly registered conveyance could have conferred, as against the claimant, a valid title to a purchaser in good faith for valua'ble consideration without notice of any defect in the title; and no sufficient caution had been registered and was in force when the application for first registration was made or a patent was forwarded for registration and the proper Master of Titles had not actual notice of the defect prior to the first registration ;

Where clalmiant had notice of registra- tion pro- ceedings.

(6) The claimant by direction of the Master or in accordance with the practice of the office had been served with a notice of the proceedings being had in the office, whether such proceed- ings were prior or subsequent to first registration and failed to appear in accordance with the re- quirements of the notice; or if the Master had adjudicated against him and he had failed to prosecute successfully an appeal against the Master's decision;

Where claimant's negligence has caused loss.

Imp. Act, 60-6 v.. c. 65, s. 7, subs. 3.

(c) The claimant has caused or substantially contri- buted to the loss by his act, neglect or default and the omission to register a sufficient caution, notice, inhibition or restriction to protect a mort- gage by deposit or other equitable interest or any unregistered right, or other equitable interest or any unregistered interest or equity created under section 68 or otherwise shall be deemed neglect within the meaning of this clause.

(2) In this section "Claimant" shall include the per- son actually making the claim and any person through whom 99

65

he claims who lie alleges was wrongfully deprived of land or of some estate or interest therein. 3 Edw. VII., c. 12, s. 1.

128. — (1) The Treasurer of Ontario on receipt of the money paid to him under subsection 5 of section 123 shall issue to the Accountant of the Supreme Court in trust, Ontario Government Stock to an amount equal to the sum so received, and such stock shall represent the assurance fund and be available for the same purposes.

(2) The stock shall be payable or redeemable at such time and shall be subject to such conditions as to inscription, registration and transfer as tbe Lieutenant-Governor in Council may deem advisable, and shall bear interest at the rate of two and one-half per centum per annum.

(3) The stock, together with the interest tbereon shall be charged upon and paid out of the Consolidated Revenue Fund.

(4) All sums which 'become payable- out of tbe assurance fund shall to the extent, but not exceeding the amount, of

, such fund be paid by the Treasurer of Ontario to the per- sons entitled thereto, out of the Consolidated Revenue Fund, on the production of an order of the Court or a Judge authorizing or directing tbe payment to be made or of a certified copy thereof, and the sums so paid out shall be credited as payments on account of the stock in the hands of the Accountant, and the amount thereof shall be reduced accordingly. 10 Edw. VII., c. 61, s. 1, part.

WITHDRAWING LAND FBOM THE REGISTRY.

129. — (1) Where, after land has been registered, special Application circumstances appear, or subsequently arise, which make it registered inexpedient that the land should continue under this Act. ^^"^ the owner may apply in the prescribed manner to the proper Master of Titles for the withdrawal of the land from the Act.

(2) If the owner proves before the Master that all per- certificate sons interested in the land proposed to be withdrawn, con- ^ sent to its withdrawal, and satisfies the Master that special circunjstances exist which render the withdrawal of such land or a part thereof expedient, the Master may issue his certificate describing the land or such part thereof as the consent covers and as the Master deems proper, in such a manner that the certificate can be properly registered in the registry oflftce for the registry division in which the land is situate, and Tipon the certificate being issued this Act shall

96

56

Application of Bection.

coase to aj)p]y to th* land described thereiu, and the land shall thereaftci be subject to the ordinary laws relating to real estate and to the registry laws.

(3) The certificate of a Local Master under this section shall not be valid unless approved and countersigned by the Inspector.

Registration (4) ITpoii the production of tlic certificate to the registrar " of deeds and payment of a fee of $1, the same shall be duly registered. RS'.O. 1897, c. 138, s. 136.

(5) This section shall not apply to land registered under section 159.

ADMINISTRATION AND MISCELLANEOUS.

Ofpce of Land Registry.

130. There shall be a seal for every office of Land Titles.

Seal ot oflBce.

Imp. 38 ft S9 R.S.O. 1897, c. 138, s. 137.

v.. c. 87. B. 107.

ft^meVnd 131. The Inspector shall prepare and cause to be printed foim"^^*^* and promulgated, such forms and directions as he may deem Imp- 38 & 39 requisite or expedient for facilitating proceedings under this

Administra- tion of oaths.

10 Edw. VIL, c. 60.

Deposltlona taken before special examiners may be used before Master of Titles.

Act. R.S.O. 1^97, c. 138, s. 138.

132. The proper Master of Titles, or any officer of the office of Land Titles authorized by him in writing, or any person authorized for a like purpose under The Registry Act, may administer an oath for any of the purposes of this Act. R.S.O. 1897, c. 138, s. 139.

133. — (1) The proper Master of Titles in any applica- tion made to him may act upon depositions or examinations taken befor(i any of the special examiners appointed by the Court, who may administer the requisite oath to any person whose deposition or cross-examination the Master has re- quested such eraminer to take, and any such deposition or examination may be taken in shorthand, and any viva voce evidence given before the Master may be taken down by a sworn shorthand writer if the examining party so desires. R.S.O. 1897, c. 138, s. 140.

(2) Thn Master may name the witnesses to be examined or he may request the examiner to take the examination of all witnes^os produced by any named person or persons or of any class of witnesses. New.

9t

..-.•■-.~«^JPJ(_

57

134. — (1) The proper Master of Titles, by summons uii<i6r ^o^^J^®^ the seal of his office, may require the attendance of all suc*h summon persons as he may think fit in any application made to him imp. 38 & 39 and may in the summons require any person to produce for in- " spection any document, deed, instrument or evidence of title to the production of which the applicant or any trustee for him is entitled. R.S.O, 1897, c. 138, s. 141 (1) ; 2 Edw. VIL, c. 19, s. 3.

(2) He may also, by a like summons, require any person having the custody of any map, plan, or book made or kept in pursuance of any Statute to produce such map, plan, or book for his inspection.

(3) He may examine upon oath any person appearing before him ; and he may allow to every person summoned by him reasonable charges for his attendance.

(4) Any charges allowed by the Master under this section shall be deemed to be charges incurred in or about proceed- ings for registration of land, and may be dealt with accord- ingly.

(5) If any person disobeys any order of the Master made under this section, the Master may certify such disoibedience to the Court; and thereupon such person may be punished by the Court in the same manner as if the order were the order of the Court. RS.O. 1897, c. 138, s. 141 (2-5).

(6) If any person, after the delivery to him of the sum- ^n^'^oi^"* mons, or of a copy thereof, wilfully neglects or refuses to refusal to attend in pursuance of the summons or to produce such map, questions, deed, instrument, evidence of title, plan, book, or other docu-imp. 38 a 39

- 1 • ^ • V c 87

ment or to answer upon oath or otherwise such questions asg/'no. ' may be lawfully put to him by the Master, he shall incur a penalty not exceeding $50, recoverable under The Ontario vii^^'37 Summary Convictions Act.

(7) No person shall be required to attend in obedience to any summons, or to produce documents unless the fees and allowances for his afitendance in accordance with the tariff of the Court are paid or tendered to him. K.S.O. 1897, c. 138, s. 142.

135. The treasurer of the proper municipality upon pay- Certiflcates ment of the fee prescribed by section 130 of The Assessment 4 Edw. vii.. Act, shall furnish to any person requiring the same in*'' respect of land registered or with reference to which an appli- cation for registration is pending, a certificate of payment of taxes, charges, rates and assessments, in the prescribed

8-9$

58

of deputy of ICaater.

foriri, or as nearly corresponding thereto as the information givett by his books of office will allow, and the certificate shairbe binding upon the municipality. R.S.O. 1897, c. 138, 5. 143.

136'— (1) In case of the illness or absence of the Master of Titles or of a Local Master, or for any other cause, the Lieutenant-Governor in Council may appoint a person to act as the Deputy pro tempore of the Master or Local Master, and such Deputy, while so acting, shall have all the powers of the Master or Local Master for whom he is appointed Deputy.

(2) A person may be appointed under this section who shall have power to act from time to time. R.S.O. 1897, c. 138, s. 144. Amended.

(3) In case of the death of a Master the deputy may act until his authority is revoked or a Master is appointed and assu6r6s the duties of his office.' New.

Right to Inspect Registry.

Right to 137. Subject to such regulations and exceptions and to

do^nents. the payment of such sums as may be fixed by general rules, v!)\^'8* '' any person roistered as owner of any land or charge, and any person authorized by any such owner, or by an order of the Court, or by general rule, but no other person, may inspect and make copies of and extracts from any document in the custody of the proper Master of Titles relating to such land or charge. R.S.O. 1897, c. 138, s. 150.

a 104.

Rules.

Power tp 138; The Lieutenant-Governor in Council, or the Judge*

ereneraV' - of th^ Supreme Court, under the authority of sections 122

R«v.' Sbat *^^ 125 of The Judicature Act, which are to be read as ap-

c. Bi. plying to this Act, may make General Rules in respect of the

^Pi.%* 3» following matters, «.'iii. '

- (a) The mode ill which the register is to be made fcnd ^ keipt f '

(h)

The forms to be observed, the precautions to be takeW^^the instruments to be used, the notices to be given, and the evidence to be adduced in all proceedings or in connection with the r^stra- tion, and in particular with respect to the refer- ence to counsel of any title to land proposed to be registei^ with^au' absolute title ; -

,96

<<»

69

(c) The custody of any instruments coming into an

office of land . titles, with power to .direct the destruction, of any of them where they have be- come .altogether superseded by . entries pn the register or have ceased to havQ ^nyjeffect;

(d) The duties which are to be performed by the Mas-

ter of Titles, the Local Masters and other officers employed ; and what aets. of the Master m^y be done by other officers ;

(e) The costs to be charged by solicitors in or incidental

to or consequential on the registration of,.land, or any other matter required to be done for the purpose of carrying this Act into execution, with power to require such costs to be payable by com- mission, percentage, or otherwise, and to bear a certain proportion to the value of the land registered, or to be determined on -such other principle as may be thought expedient;

(/) The taxation of such costs and the persons bj whom such costs are to be paid ;

/ (g) Any matter by this Act directed or authorized to be prescribed ;

(h) Any other matter or thing, whether similar or not to those above mentioned, in respect of which it may be deemed expedient to make rules for the purpose of carrying this Act into execution. R.S.O. 1897, c. 138, s. 152.

(^) Rules may be made in like manner with respect to the.«uie«

amount of fees payable under this Act, and regard njay befee^ "*

had to the following matters: R.S.O, 1897, &« ISS^.S; 152. v'^'c^l?* "

•.'iii

(a) In thjftcasev of the registration of land or of any transfer of land on the occasion of a sale, — to the value of the land, as determiiied by the amount of purphaae money; or to the yalae of . it, to be ascertained in, such manner as, may be prescribed ;

(h) In the case of registration of. a ehargo or. of any transfer of a charge, — to the amount of sneh charge. R.S.O. 1897, c. 138, s. 154.

.139.-^(1) Subjeotto the rules, the fees payable, in, respect ••^««* of such business aa is analogous to the business tUndor- The

»6

60

10 B)dw. Registry Act, shall be the same as the fees payable to the Registrar under that Act; and all other fees and costs, whether in respect of business done by the Master of Titles, Local Master of Titles or by other ofl&cers, or by solicitors under this Act, shall be the same as nearly as may be as are payable in like proceedings in the High Court.

b^aSxe? (^) ^^^ stamps for all fees payable on a certificate of

to refristered ownership or a certificate of charge shall be affixed to the

charge. . registered transfer or charge and not to the certificate, and

all stamps payable in respect of registration shall be affixed

to the instruments registered and not to the entry on the

register. R.S.O. 1897, c. 138, s. 155.

Appeals.

AroeaJa 140. Except as provided by section 110, an appeal shall

Master. Hq from any act, order, or decision of the Master of Titles or

a Local Master of Titles under this Act to the High Court,

and from that Court to the Court of Appeal. R.S.O. 1897, c.

138, s. 157.

H?gh^cou?t" 141. Any person affected by an order made under this im 38 & 39 ^^* ^^ ^^^ High Court may appeal therefrom to the Court y.,^Cj^ 87, of Appeal within the prescribed time, and subject to the rules in like manner as in the case of an appeal from a Divisional Court of the High Court to the Court of Appeal. R.S.O. 1897, c. 138, s. 158.

8. 117

Errors in Proceedings.

Proceedings 142. No application, order, affidavit, certificate, regis- want of tration or other proceedings shall be invalid by reason of any mistake not affecting the substantial justice of the pro- ceeding. R.S.O. 1897, c. 138, s. 159.

Oath of Office and Security by Officers.

Oath of 143. — (1) The Master of Titles, before he enters upon

° °*" the duties of his office, shall take and subscribe before a Judge

of the Supreme Court the oath of office in the form fol- lowing : —

I, A.B., do solemnly swear that I will faithfully, and to the best of my ability, perform the duties of the ofllce of Master of Titles.

R.S.O. 1897, c. 138, s. 145.

(2) Every Local Master of Titles and every Deputy of the Master of Titles or of a Local Master, before he enters

96

61

upon the duties of his office, shall take and subscribe an oath of office similar to that required to be taken bj the Master of Titles. New.

(3) In the case of a Local Master or of a Deputy of a Local Master, the oath may be taken before a Judge of the County or District Court. New.

(4) The oaths of office shall be transmitted to the Pro- vincial Secretary. New.

'LA4:. Before the Master of Titles or a Local Master of ^J^o' Titles enters upon the duties of his office, he shall furnish security in accordance with the provisions of The Public ^ Edw. vii.. Officers' Act. K.S.O. 1897, c. 138, s. 146. "' '

Masters or Officers not to Act as Agents for Investors.

145.— (1) No Master of Titles, officer or clerk appointed ^ofJ^V^^^s under this Act, shall, directly or indirectly, act as the agent op^^yggl^" of any corporation, society, company, or person investing money and taking securities on land, or advise for any fee or reward, or otherwise, upon titles to land, or practise as a con- veyancer or carry on or transact within the office any business or occupation other than his duties as such Master, officer or clerk, or as holder of some other office under the Govern- ment of Ontario.

(2) This section shall apply to every Local Master, but as applied to him, and the officers and clerks in his office, the word " land " shall mean land within the county, city, town or district for which he is Local Master. R.S.O. 1897, c. 138, s. 149.

EXTENSION OF ACT TO OTHER LOCALITIES AND EXPENSES.

146. — (1) The municipal council of a county, or of a^J^P"^" <>' city or town separated from the county for municipal pur- "^jP'j*" poses, may pass a by-law declaring it expedient that the provisions of this Act be extended to the county, city or town.

(2) The municipal corporations of the County of York ?^^£\.,?J and City of Toronto and of any county, city or town which °n3^°^"r° has passed or shall pass a by-law under subsection 1, shall places where

• 1 /•/•Til ji-i: Act In force

provide proper iire-prooi and other accommodation for an to supply office of Land Titles; and, so far as the expenses of the dation!"etc. office are not covered by the fees collected thereat, the cor- poration shall pay the same, including the salary of the Master of Titles of the locality, and all necessary and pro-

»•

t oa

per books, stationery, furniture, and lighting, cleaning and heating of the oflfice, and attendance, and other matters and things incident to the proper conduct of the buainese of the oflSce.

(3) Where this Act is extended to a county which in- cludes a city or town separated from the county for muni- cipal purposes, the city or town and county shall share the expenses to be borne by the locality under this Act, in such VII proportions as may be determined by arbitration under The c. 19. * "' Municipal Act, in case the councils interested do not agree in respect thereto. E.S.O. 1897, c. 138, s. 160.

prociama- (4) Where such a by-law has been passed, and proper

ing^Act*to*' accommodation has been provided either in connection with municipality, the registry office or at some other convenient place, to the satisfaction of the Inspector, and approved by the Lieuten- ant-Governor in Council, the Lieutenant-Governor may, by his proclamation, extend the operation of this Act to such county, city, or town, from a day to be named in the pro- r damation.

(5). The fact of the conditions precedent to the issue of such proclamation having been performed shall be conclus- ively established by the issue of the proclamation. R.S.O. .1897, c. 138, s. 161.

Extension of 147. — (1) Where not less than twenty ratepayers of any of ^Art^on county in which is situate a city or a town to which the pro- petition of visions of this Act have been extended, who are owners of . land situate in such county of the aggregate assessed value c of $400,000, petition the Lieutenant-Governor in Council for the issue of a proclamation extending the provisions of this Act to the county, and the Lieutenant-Governor in Council declares that it is expedient that the same should be so ex- tended, the provisions of section 146 shall apply to such county as fi:dly as they would have been applicable had a by-law been passed by the council of the county.

(2) In the cases provided for by subsection 1, the Local Master shall not be entitled to be paid a salary, unless the county council passes a resolution for the payment to him .of a salary to be provided by the county, but such Local Master shall be entitled to retain for his own use the fees collected upon proceedings in his office.

(3) All costs and expenses incurred in introducing the Land Titles system into the county, or incurred during one

. . year thereafter in connection therewith, shall be paid by the -. petitioners.

96

^ ~'"~"" 63

(4) The owners of land which is assessed as land of non- residents shall be deemed ratepayers within the meaning of this section. 7 Edw. VII. c. 30, s. 19.

148, — Where this Act applies to a county, city or town u^^r^'io*** entitled to receive money under sections 101 and 102 of Edw. vii.. The Registry Act, the registrar shall pay to the Treasurer applied in of Ontario, to be applied, so far as necessary, in defraying f^pen^i"^ of the salary of the Master and other expenses of the office, the ^j,^ Z^**'®* money payable either directly or indirectly, to the county, city, or town under that Act, and the Treasurer shall pay the balance to the county, city or town ; and if the amount so paid to the Treasurer is not sufficient, the residue, or if nothing is payable by the registrar, the whole of such salary and expenses shall be made good to the Province by the cor- poration of the county, city or town. R.S.O. 1897, c. 138, 8. 162. Amended.

LOCAL MASTERS OF TITLES.

149. — (1) Where at the time of the issue of a proclama- \-p^^

1 ' -tiny • T-»r p m* i i MasterB of

tion under section 146 there is a Keieree of litles under Titiea The Quieting Titles' Act, residing in the locality, such lo Bdw°' referee shall ex-officio be the first Local Master of Titles ^^^' ^' ^^" therefor, unless he practises as a barrister or solicitor, or is a Judge of the County Court, and he shall hold the office dur- ing the pleasure of the Lieutenant-Governor in Council. R.S.O. 1897, e. 138, s. 163.

(2) Subject to the provisions of subsection 1, the Lieuten- -A-ppoint- ant-Governor in Council may appoint a Master of Titles for Local any locality in which this Act is in force, to be styled " The *' *"' Local Master of Titles " for the county, city, town or district,

as the case may be, who shall hold office during pleasure.

(3) The person appointed may, in the discretion of theQ"aiifle»- * Lieutenant-Governor in Council, be a Judge of a County

or District Court, a barrister or solicitor, whether practis- ing or not, or a registrar. R.S.O. 1897, c. 138, s. 164 (1, 2).

(4) The Local Master of Titles shall be paid by salary or g^iary. fees for his services in that capacity, such salary to be fixed

by the Lieutenant-Governor in Council from time to time, with reference to the amount or probable amount of the business, on the report of the Inspector.

(5) The Order in Council shall be laid before the Assem- ^e^j stat. bly, as provided in respect of Orders in Council under sec- tion 187 of The Judicature Act. R.S.O. 1897, c. 138, 8. 164

(3); 2Edw. VILc. 19, s. 4.

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64

Cotnmuta- tlon of few of Regrlstrar or Local Master of TlUea

(6) The Lieutenant-Governor in Council may commute the fees payable to a Registrar of Deeds or Local Master of Titles, in any county or district whether both offices are held by one officer or otherwise for a fixed sum each year, provided that such sum shall not exceed the income which such Registrar or Local Master would have derived from fees during such year, and the fees so commuted shall on or before the 15th day of January in each year be paid over to the Treasurer of the Province in the case of a district for the use of the Province, and in the case of a county or city shall be subject to such division between such county or city and the Province as the Lieutenant-Governor in Council may direct.

(7) Where such Registrar or Local Master holds office for part of a year, he or his executors or administrators shall be entitled to the just proportion of such commuted fixed sum. 10 Edw. YIL c. 26, s. 36.

DUTIES AND POWEES OF LOCAL MASTEB8.

Maert:er's authority and duties.

150. Except where otherwise provided by this Act, every Local Master of Titles, in respect to land situate within the territory for which he is appointed, shall have all the author- ity of and perform all the duties which, in the County of York, are performed by the Master of Titles, subject to appeal in the same manner. R.S.O. 1897, c. 138, s. 165.

First Registration.

Local lifaster to transmit title deeds, etc., to Inspector.

Proceedings

nrhere

Inspector

concurs In

Master's

flndinc.

151. — (1) If, upon an application for first registration, the Local Master of Titles finds that the applicant, or his nominee, is entitled to be registered, he shall sign a memo- randum to that efi^ect at the foot of the application, and shall transmit the same to the Inspector, with the deeds, evidence, and other papers before him, and a draft of the entry of ownership proposed to be made.

(2) If the Inspector concurs in the opinion of the Local Master, he shall approve thereof and shall return the papers transmitted to him, and the Local Master may thereupon register the applicant, or his nominee, as owner.

proceedinrs (3) If the Inspector does not concur in the opinion of the

Sector Local Master, he shall communicate his opinion to the

concur*** Local Master and shall cause such action to be taken as he

deems expedient, and if his objections are not removed by

N

66

explanations or additional evidence, tlie applicant or his nominee shall not be registered, unless the Court on appeal, or on a case stated for its opinion, otherwise directs.

(4) If there is a contest upon the decision of the Inspec- pTOceed'ings tor concurring in the Local Master's opinion, registration app'^eal^ shall be delayed for ten days to enable anyone who so desires desired, to appeal. RS.O. 1897, c. 138, s. 166.

152.— (1) Until an Inspector is appointed, applications ^pp^^^I^"""' for first registration in the Provisional Judical Districts not [^^^^4^}^^^ coming within sections 159, 160 and 162 shall be made to the Master of Titles and not to the Local Master for the district, and upon the Master of Titles finding that an applicant is entitled to be registered he shall issue his certificate to that effect to the Local Master who shall thereupon register the land in accordance with the terms of such certificate. 3 Edw. Yll. c. 12, s. 7 ; Y Edw. VII. c. 30, s. 23. Amended.

153. Sections 151 and 152 shall not apply to applications coming within sections 159, 160 and 162, or to applications for a possessory title, or for the registration of leasehold land where the freehold or other estate out of which the lease is derived is registered land, or where a declaration of the title of the lessor to grant the lease is not required. 7 Edw. VII. c. 30, 8. 23. Amended.

"1.54:. — (1) Where an application is made under section registrar of 152 the Master of Titles may request the registrar of theJJhe?*^ registry division in which the land lies to transmit by regis- joJlJ^r^ *° tered post, or by express, any instrument appearing on the '*2^}}^®'l''' abstract, or required in connection with the application, which Master, the Master desires to examine.

(2) The re^strar shall comply with such request and shall, with such documents, send a list of all the documents transmitted and shall retain a copy of the list.

(3) The Master shall return the documents, as soon as practicable, by registered post or by express, sending there- with to the registrar a list of all the documents so returned and keeping a copy of the list.

(4) The registrar, in addition to his usual fees for the production of a document, shall be entitled to an additional fee of 10 cents for each document transmitted as compensa- tion for his trouble in respect of such transmission, the prep- aration of the list and returning the documents to their proper files. 3 Edw. VII. c. 12, s. 8. Amended.

9-96

Subsequent Registration.

SubmlBSlon of case to Inspector where Master In doubt.

155. If jii the application for the registration of an in- strument after a first registration or for the registration of a transmission, the Local Master of Titles is unable to come to a clear conclusion as to the action which he should take, he shall delay making the required entry until he has stated (he facts to the Inspector for his opinion and in submitting the case the Local Master shall state his own view and his reasons therefor. R.S.O. 1897, c. 138, s. 167.

INSPECTOR OF OFFICES OF LAND TITLES.

Appoint- ment of Inspector.

Duties.

10 Bdw. VIL, cc. 59 and 60.

156. — (1) The Lieutenant-Governor in Council may ap- point an officer, to be called " The Inspector of Land Titles' Offices." R.S.O. 1897, c. 138, s. 168 (1) ; 7 Edw. VIL c. 30, s. 20.

(2) The Inspector shall, subject to the rules, have the like powers and duties as an Inspector under The Quieting Titles* Act, and as an Inspector under The Registry Act, respec- tively, and such other duties as may be required of him by the rules, or as he may be required by the Lieutenant-Gover- nor in Council to perform.

Salary. (3) The salary of the Inspector, his travelling expenses,

and all expenses of and incidental to his office, shall be paid by the Province, and shall be repaid to the Treasurer of Ontario by the corporations of the localities in which this Act is from time to time in operation, in such proportions as after a report from the Inspector the Lieutenant-Gover- nor in Council may determine. R.S.O. 1897, c. 138, s. 168. PaH.

Perform- ance of duties until Inspector appointed.

157. Until an Inspector is appointed, the duties of the Inspector shall be performed by the Master of Titles, or by some other person authorized by the Lieutenant-Governor in Council, and the expenses of and incidental thereto shall, in like manner as is hereinbefore provided be repaid to the Treasurer. RS.O. 1897, c. 138, s. 168. Part.

Appeal from Inspector.

158. In all matters decided by the Inspector which are of like character as matters over which the Master of Titles has jurisdiction in the County of York, an appeal shall lie from any act, order or decision of the Inspector to the High Court, and from that Court to the Court of Appeal. R.S.O. 1897, c. 138, 8. 168. Part.

96

67

BEGISTKATION OF NEWLY PATENTED LANDS IN DISTEICT8.

159. — (1) Where anj land situate in a Provisional Judi- p®f ^'J* cial District is granted by letters patent or by order of the Order-in- Lieutenant-Governor in Council, the letters patent or a cer- granting tified copy of the Order in Council shall be forwarded tOc^^fain'^ the Local Master of Titles of the District for the purpose r^gjg^r^ation of the grantee being entered as the first registered owner of °'- the land, with any necessary qualifications.

(2) Subsection 1 shall not apply to land covered with the waters of Lake Huron adjacent to the Great Manitoulin Island, Cockburn Island or Fitzwilliam Island, in the Dis- trict of Manitoulin, or adjacent to any island which, in whole or in part, lies between headland and headland around such three Islands. 6 Edw. VII. c. 19, s. 20.

(3) It shall not be necessary to issue a notice in respect of a caution or adverse claim which has been lodged, if by the certificate of the Minister or Deputy Minister of Lands, Forests and Mines it appears that the claim in respect of which such caution or adverse claim was lodged was con- sidered by the Minister and disposed of before the issue of the patent ; and if before the receipt of such a certificate any proceedings have been taken by a Local Master in respect of such caution or adverse claim, he shall thereupon discontinue the same, and disallow any objection or claim founded there- on, and make such order as to costs as he deems just.

(4) Where there is no contest as to the rights of the parties the Local Master may make the requisite entry and issue his certificate; but in case of a contest, he shall trans- mit the papers to the Inspector before registering the patentee as owner, and shall otherwise proceed as provided in section 151.

(5) Where the cautioner consents to the registration of the patentee the Local Master need not issue any notice on account of such caution.

(6) Letters Patent from the Crown demising land, or patents raining rights for a term of years, or for any greater estate, f^^a^'f^r granted on or after the 31st day of December, 1887, shall term of be deemed to have been and to be within the provisions of declared this section. E.S.O. 1897, c. 138, s. 169 (3-6) ; 62 V. (1) Suln.*"" c. 2, s. 1. Amended.

160. Where land situate in a Provisional Judicial District of Dominion has been patented by the Government of Canada the Local ^°' *" *" Master of Titles shall have authority to register the patentee

68

as owner of such land and may do so without submitting his finding upon the application to the Inspector for his concur- rence. 6 Edw. VII. c. 19, 8. 20 (3).

Notice by 161. — (1) Upon an entry of ownership being made, the

rtierlff! *° Local Master of Titles shall, in the prescribed form, notify

the sheriff in whose bailiwick the land lies of the entry of the

patentee as owner.

(2) The notice shall be sent by registered post, and no entry of any dealing with the land shall be made in the regis- ter until fourteen days after the mailing of the notice, unless proof is previously made that the land is not liable to any execution.

(3) The sheriff, upon receipt of the notice, ^hall forthwith transmit to the Local Master a copy of any execution in his hands affecting the land of the patentee, and if within the fourteen days no copy of an execution against the land of the patentee is received from the sheriff, the Local Master may assume that the land is not subject to any execution and may enter subsequent dealings with the land accordingly; and as against such entry no claim shall afterwards be sustained in respect of an execution against the patentee.

Entry (4) Where the Local Master receives from the sheriff a

for^taxes^o? copy of an execution affecting the land, an entry thereof execuSon sh^^^ he made against the land and all dealings with it shall received. be Subject to such execution. K.S.O. 1897, c. 138, s. 172 (1-4) ; 7 Edw. VII. c. 30, s. 22.

Registration of transferee of patentee.

162. — (1) Where a patent for land is forwarded to a Local Master of Titles under section 159, and it is made to appear to him that the patentee since the date of the patent has transferred the land to some other person, the trans- feree, or in case of a further transfer or transfers the ultimate tansferee of the land, shall be entered as the first registered owner, and shall be described as the transferee of the patentee or otherwise according to the fact. R.S.O. 1897, c. 138, s. 170.

(2) Before entering a transferee as first registered owner, the Local Master shall require evidence to be produced shew- ing that there is no execution affecting the land. New.

Fees payable 163. Where notices or other proceedings are necessary.

Master. the Local Master shall be entitled to charge in addition to

his disbursements the like fees as are payable to the Master of

Titles in respect of similar proceedings, and where notices are

M

69

not necessary the Local Master shall be entitled to charge his actual disbursements. R.S.O. 1897, c. 138, s. 172 (6, 6). Amended,

164. The following Acts and parts of Acts are repealed: Repeal, chapter 138 of Revised Statutes of Ontario, 1897, chapter 16 of the Acts passed in the 1st year, chapter 19 of the Acts passed in the 2nd year, chapter 12 of the Acts passed in the 3rd year, section 20 of chapter 19 of the Acts passed in the 6th year, chapter 30 of the Acts passed in the 7th year, chapter 38 of the Acts passed in the Sth year, section 15 of chapter 26 of the Acts passed in the 9th year, section 36 of chapter 26, and chapter 61 of the Acts passed in the 10th year of the reign of His late Majesty King Edward VII.

J^^165. This Act shall come into force on the first day of September, 1911.'""""

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No. 97.

BILL

1911.

An Act respecting Trustees and Executors and the Administration of Estates.

Short Title, s. 1.

Interpbetation, s. 2.

Retirement of Trustees, s. c.

Appointment of New Trustees, s. 4.

Vesting Instruments, s. 5.

Vesting Orders and orders re- leasing contingent bights, as to Land, ss. 6-13. Appointment of persons jTO CONVEY, s. 14.

Vesting Orders, and orders re- leasing CONTINGENT RIGHTS, AS TO CHOSES IN ACTION, SS. 15, 16.

Trustees for Charities, s. 17.

Who may apply fob appoint- ment of Trustee, or for vesting order, s. 18.

CEKTAIN POWERS AND RIGHTS OF

Trustees, ss. 19-26. Purchase and sale, ss 19,

20. Agents, s. 21. Insurance, s. 22. Renewals of Leases, s. 23. , Passing of Accounts, s. 24. Receipts, s. 25. Surviving Trustee, s. 26. Investments, ss. 27-33. Protection and Indemnity, ss.

34, 35. Technical breaches of tbust,

s. 36. Payment into Court, ss. 37, 38. Procedure on, s. 38.

Personal representatives and devisees in trust, ss. 39- 49. Removal of, s. 39. Rights and liabilities of,

ss. 40-42, 47, 48. Execution of powers, ss. 43,

44. Contracts of deceased, s. 45. Devisees in trust, s. 46-48 Executors of executors, s. 49. Effect of revocation of er- roneous GRANT, ss. 50, 51. Administration of estates, ss.

52-56. Property subject to power,

s. 57. Undisposed of residue, s. 58. Liability of repbi^sentatives

for waste, s. 59. Conveyance of i^and sold for

debts, ss. 60, 61. Estates of deceased insolv- ents, ss. 62-64. Application to Court fob ad- vice, s. 65. Allowance to trustees and to personal representatives, s. 66. Miscellaneous, s. 67-72

Trustees buying or selling,

s. 67. Indemnity, b. 68. Costs, s. 69.

Application of Act, ss. 70-72 Repeal, s. 73.

TT IS MAJESTY, by and with the advice and consent of ■*• -^ the Legislative Assembly of the Province of Ontario, enacts as follows : — ^

1. This Act may be cited as The Trustee Act R.S.O. short uue. 1897, c. 129, 8. 1.

2. In this Act,- 97

InUrprat&tlon.

Asst^n.

Ae8lgnnn«nt.

OoTitln8«nt right.

(a) " Assign " shall mean and include the execution and performance by a person of every necessary or suitable deed or act for assigning, surrendering, or otherwise transferring land of which such person is possessed, either for the whole estate of the person so possessed, or for any less estate; and " assignment " shall have a corresponding meaning.

(h) "Contingent right" as applied to land, shall mean and include a contingent and executory interest, and a possibility coupled with an interest, whether the object of the gift or limitation of such interest or possibility is, or is not, ascertained; also a right of entry, whether immediate or future, vested or contingent.

ConTey. OonT»7«no«.

(c) " Convey " applied to any person, shall mean and in- clude the execution and delivery by such person of every neces- sary or suitable assurance for conveying or disposing to an- other land whereof such person is seized, or wherein he is en- titled to a contingent right, either for his whole estate, or for any less estate, together with the performance of all formalities required by law to the validity of such convey- ance; and "conveyance" shall have a corresponding mean- ing.

imp^Art. ^^^ " Devisee " shall include the heir of a devisee, and

56-57 Vict c. the devisee of an heir, and any person who may claim right ' ** by devolution of title of a similar description. R.S.O. 1897, c. 336, s. 2, part. Amended.

ingtrnment^ (c) "Instrument" shall include a deed, a will and a writ-

It fi O 1897

o.'i'29, •. 91. fen document and an Act of the Legislature, but not a judg- ment or order of a court. (New.) See R.S.O. 1897, c. 129,

8. 27.

Liand.

10 Edw. VU

e. 57, 1. a.

I

(/) " Land " shall include messuages, and all other hereditaments, whether corporeal or incorporeal, chattels and other personal property transmissible to heirs, money to he laid out in the purchase of land, and any share of the same hereditaments and properties, or any of them, and any estate of inheritance, or estate for any life or lives, or other estate transmissible to heirs, and any possibility, right or title of entry or action, and any other interest capable of being inherited, whether the same estates, possibilities, rights, titles and interests, or any of them, are in possession, re- version, remainder or contingency.

f>nnatic

(g) " Lunatic " shall mean any person who has been declared a lunatic. R.S.O. 1897, c. 336, s. 2, •

97

(h) "Mortgage" shall be applicable to every estate, in- Mortgage, terest, or property, in land or personal estate, which is merely Mortgage*!. a security for money ; and " mortgagee " shall have a corre- i^.i'4, vkt.*c. sponding meaning and shall include every person deriving gg.'g^ yi^"*^ , title under the original mortgagee. R.S.O." 1897, c. 336, s. 2. 53, «. so. ' '

(i) "Person of unsound mind" shall mean any person, Person of un not an infant, who, not having been declared a lunatic, is incapable, from infirmity of mind, to manage his own affairs.

(/) " Personal Estate " shall include leasehold estates Personal and other chattels real, and also money, shares of Govern- lo Edw. vii ment and other funds, securities for money (not being real ^' ^^' * estate), debts, choses in. action, rights, credits, goods, and all other property, except real estate, which by law devolves upon the executor or administrator, and any share or in- terest therein.

(Jc) "Personal Representative" shall moan and iiiclude ^'^so^^^j^^^j^^ an executor, an administrator, and an administrator with the will annexed. New.

(I) "Possessed" shall be applicable to any vested estate ^''••^■■•*- less than a life estate, legal or equitable, in possession or in expectancy, in any land.

(m) " Securities " shall include stocks, funds and shares. s«curiti««.

(n) " Seized " shall be applicable to any vested interest ^'*^*- for life, or of a greater description, and shall extend to estates, legal and equitable, in possession, or in futurity, in any land.

(o) "Stock" shall include fully paid up shares, and any^'""''- fund, annuity, or security transferable in books kept by any incorporated bank, company or society, or by instrument of transfer, either alone or accompanied by other formalities, and any share or interest therein.

(p) "Transfer," in relation to stock, shall include the'^""''"' performance and execution of every deed, power of attor- ney, act or thing, on the part of the transferor, to effect and complete the title in the transferee.

(q) "Trust" shall not mean the duties incident to an'^'™*^- estate conveyed by way of mortgage ; but, with this excep- tion, shall include implied and constructive trusts and cases where the trustee has some beneficial estate or in- terest in the subject of the trust, and shall extend to, and ^^ include, the duties incident to the office of personal repre- •. aV." sentative of a deceased person ; and " trustee " shall have a Trunin.

. 97

corresponding meaning and shall include a trustee however appointed and several joint trustees.

10* kd-w. viL (r) " Will " shall include a testament, and a codicil, and c. 57, t ^. gjj appointment by will, or by writing in the nature of a will

in exercise of a power, and also a disposition by will and testament, or devise of the custody and tuition of any child, c^ies. " ' by virtue of The Infants' Act, and any other testamentary disposition. R.S.O. 1897, c. 336, s. 2, amended.

R«T. Stot.,

RETIREMENT OF TRUSTEES.

^^""^ *' 3.— (1) Where there are more than two trustees, if one ^™p- •*-^' of them by deed declares that he is desirous of beine; dis-

56-57 Vlrt., 1 t e ^ t./«i«

c. 63. ». 11 charged from the trust, and if his co-trustees and such other person, if any, as is empowered to appoint trustees, consent by deed to the discharge of the trustee, and to the vest- ing in the co-trustees alone of the trust property, then the trustee desirous of being discharged shall be deemed to have retired from the trust, and shall, by the deed, be discharged therefrom under this Act, without any new trustee being appointed in his place.

(2) Any assurance or thing requisite for vesting the trust property in the continuing trustees alone shall be executed or done.

(3) This section shall not apply to executors or adminis- trators.

APPOINTMENT OP NEW TRUSTEES.

Pow«T of ap- 4 — (1) Where a trustee either original or substituted dies iruBtee*. or remains out of Ontario for more than twelve months, or

50^57 Vict., desires to be discharged from all or any of the trusts or powers c. 68, 8. 10. j.gpQge(j Jn Qj. conferred on him, or refuses or is unfit to act therein, or is incapable of acting therein, the person nom- inated for the purpose of appointing new trustees by the instrument, if any, creating the trust, or if there is no such person, or no such person able and willing to act, the surviv- ing or continuing trustees or trustee for the time being, or the personal representatives of the last surviving or continuing trustee may by writing appoint another person or other per- sons to be a trustee or trustees in the place of the trustee dying, remaining out of Ontario, desiring to be discharged, refusing or being unfit or incapable. R.S.O. 1897, c. 129, s. 4, amended.

97

(2) Whenever it is expedient to appoint a new trustee, or Jie'^c^ourt to new trustees, and it is found inexpedient, difl&cult, or ini-^P^^"* ^^^ practicable so to do without the assistance of the Court, the

High Court may make an order for the appointment of a new imp. Act.

X X ^ -xi • 1. aVl i.- £ ' 1 56-57 Vict.,

trustee, or new trustees, either m substitution tor or m ad-c. 63, s. 26 dition to anj existing trustee or trustees, or although there is no existing trustee : and in particular, and without prejudice to the generality of the foregoing provision, the Court may mate an order for the appointment of a new trustee in sub- stitution for a trustee who is convicted of an indictable offence, or is bankrupt or insolvent. E.S.O. 1897, c. 336, s. 21 (1).

(3) An order under subsection 2 and any consequential vesting order or conveyance shall not operate further or otherwise as a discharge to any former or continuing trus- tee than an appointment of new trustees under a power for that purpose contained in an instrument would have operated. R.S.O. 1897, c. 336, s. 21 (2).

(4) IKothing in this section shall give power to appoint a personal representative. R.S.O. 1897, c. 336, s. 21 (3).

(6) On the appointment of a new trustee for the wholo^^jP-^-*-^j^j or any part of trust property: c. 58, b. i6

(a) The number of trustees may be increased; and

(h) A separate set of trustees may be appointed for any^ part of the trust property held on trusts distinct from those relating to any other part or parts of the trust property, nothwithstanding that no new trusiees or trustee are or is to be appointed for other parts of the trust property, and any existing trustee may be appointed or remain one of such separate set of trustees; or, if only one trustee was originally appointed, then one separate trustee may be .so appointed for the first mentioned part; and

(c) It shall not be obligatory to appoint more than one new trustee whore only one trustee was origin- ally appointed or to fill up the original number of trustees where more than two trustees were originally appointed; but, except where only one trustee was criginally appointed, a trustee shall not be discharged under this section from his trust unless there will be at least two trustees to perform the trust; and 97

(d) Anj assurance or thing requisite for vesting the trust property, or any part thereof, in the person who is the trustee, or jointly in the persona who are the trustees, shall be executed or done.

(6) Every new trustee so appointed, as well before as after all the trust property becomes by law, or by assurance, or otherwise, vested in him, shall have the same powers, authorities and discretions, and may in all respects act as if he had been originally appointed a trustee by the instru- ment, if any, creating the trust.

(7) The provisions of this section relative to a trustee who is dead shall include the case of a person nominated trustee in a will but dying before the testator, and those relative to a continuing trustee shall include a refusing or re- tiring trustee, if willing to act in the execution of the pro- visions of this section. New.

VESTING INSTBUMENTB. Vestiiifr of gp , . . 1 p ^ />

trust proportjr ». — (1) Where an instrument executed after the first

continuing dav of July, 1886, by which a new trustee is appointed to

wTthoin con- perform any trust, contains a declaration by the appointor

Teyance. ^^ ^jj^ gffgct that auv estate or interest in any land subject

Md'45*'v.,** ^^ *^^ trust, or in any personal eetat'- so subject, shall vest

c. 41. g. 34. in the person or persons w^o by virtue of such instrument

shall become and be the trustee or trustees for performing

the trust, that declaration ':hall, without any conveyance or

assignment, operate to vest in him, or in them as joint

tenants, and for the purposes of the trust, that estate, interest

or right.

(2) Where such an instrument by which a retiring trus- tee is discharged under this Act contains such a declaration as is in this section mentioned by the retiring and continuing trustees, and by the other person, if any, empowered to ap- point trustees, that declaration shall, without any conveyance or assignment, operate to vest in the continuing trustees alone as joint tenants, and f■'^^ tue purposes of the trust, the estate, interest, or rigkt to which the declaration relates.

(3) This section shall not extend to land conveyed by way of mortgage for securing money subject to the trust, or to any share, stock, annuity, or property transferable only in books kept by a company or other body, or in manner pre-

vkt ^imp '1 scribed by or under an Act of Parliament or of the Legis- 63. .. la (8). lature.

97 . • -T ' •:

(4) For the purpose of registration, the person or persons making the declaration shall bo deemed the conveying party or parties, and the conveyance shall be deemed to be made by him or them under a power conferred by this Act. E.S.O. 1897, c. 129, s. 5, amended.

VESTING ORDERS, AND ORDERS RELEASING CONTINGENT RIGHTS^ AS TO LAND.

6. In any of the following cases : — vesting orders

as tO:an(l, where Court

(i) Where the High Court appoints or has appointed tap.Te't!" a new trustee ; or l^'^l J/^^-

(ii) Where a trustee entitled to, or possessed of, any land, or entitled to a contingent right therein, either solely, or jointly with any other person —

(a) is an infant, or

(b) is out of Ontario, or

(c) cannot be found ; or

(iii) Where it is uncertain who was the sm-vivor of two or more trustees jointly entitled to, or possessec* of any land ; or

(iv) Where it is uncertain whether the last trustee known to have been entitled to, or possessed of any land, is living, or dead ; or

(v) Where there is no heir, or personal representative of a trustee who was entitled to, or possessed of land and has died intestate as to that land, or where it isi uncertain who is the heir, or per- sonal representative, or devisee of a trustee who was entitled to, or possessed of land and is dead ; or

(vi) Where a trnstee jointly, or solely, entitled to, or possessed of any land, or entitled to a contin- gent right therein, has been re<]uired by, or on behalf of a person entitled to require a convey- ance of the land, or a release of the right, to convey the land, or to release the right, and has wilfully refused or neglected to convey the land, or release the right for fourteen days after the date of the requirement;

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8

the High Court may mak(; an order (in this Act called a vestinf^ orderl vesting the I'^nd in any snch person in any such manner, and for any such estate, as the Court may direct," or releasing, or disposing of the contingent right to such person as the Court may direct.

Provided that —

OrdeM as to

coutingenl rights of unborn per ton a. .

Imp. Act, 56-57 Vict., c. 53, 8. 27.

Vesting order in place of oonveyance by infant mo-rtragee.

Imp. Act, 66-57 Viet., C. 63, ■. 28.

(a) Where the order is consequential on the appointment of a new trustee, the land shall be vested, for such estate as the Court may direct, in the persons v«^ho, on the appoint- ment, are the trustees ; and

(&) Where the order relates to a trustee entitled jointly with another person, and such trustee is out of Ontario, or cannot be found, the land or right shall be vested in such other person, either alone, or with some other person. R.S.O. 1897, c. 336, 8. 5.

[For provision as io lunatic trustee or mortgagee, see Lunacy Act, 9 Edw. VII . c. SI, sec. 26.']

7. Where any land is subject to a contingent right in an unborn person, or a class of unborn persons, who, on com- ing into existence would, in respect thereof, become entitled to, or possessed of the land on any trust, the High Court may make an order releasing the land from the contingent right, or may make an or'^er vesting in any person the estate to or of which, the unborn person, or class of unborn persons, would, on coming into existence, be entitled, or possessed in the land. R.S.O. 1897, c. 836, ». 8.

8. Where any person entitled to, or possessed of, land, or entitled to any contingent right in land, by way of secur- ity for money, is an infant, the High Court may make an order vesting, or releasing, or disposing of the land or right in like manner as in the cf»8e of an infant trustee. R.S.O. 1897, c. 336, 8. 9.

Jetting order ©. Where a mortgagee of land has died without having con?ey^n(^' by entered into the possession or into the receipt of the rents of'helr/lt^c.r* ^^*^ profits thereof, and the money due in respect of the mort- TCpresentative S^S^ ^^^ ^^®^ x>aJd to a persou entitled to receive the same, of mortgagee, qj. ^j^at last mentioned person consents to an order for the re- i^p- Act, conveyance of the land the High Court may make an order c. 53. I. 29. vesting the land in such person or persons, in such manner,

and for such estate as the Court may direct in any of the

following cases: —

(a) Where an heir, or personal representative, or devisee, of the mortgagee is out of Ontario, or cannot be found; or 97

9

(h) Where an hpir, or personal representative, or devisee of the mort^ajsree, on demand made by, or on behalf of a person entitled to require a conveyance of the land, has stated in v^riting that he will not convey the same, or does not convoy the samp ft. the space of fourteen days next after a proper deed f-^^ conveying the land has been tendered to him by or on behalf of the person so entitled ; or

(c) Where it is uncertain vehich of several devisees of the mortgagee was the snrvivor; or

(d) Where it is uncertain, as to the snrvivor of sev- eral devisees of the mortgagee, or as to the heir, or personal representative, of the mortgagee, whether he is living, or dead ; or

(e) Where there is no heir, or personal representative of a mortgagee who has died intestate as to the land, or where the mortgagee has died and it is uncertain who is his heir, or personal representative, or devisee. K.S.O. 189Y, c. 386, s. 10.

10. "Where any court gives a iudgment, or makes an vesting order

, ,... ,., T , ^ t> T 1 consequential

order directing the sale, or mortgage oi any Jand, every on judgment, person who is entitled to or possessed of the land, or en-mortlage^of titled to a contingent right therein as heir, or under the will'*"** of a deceased person, for payment of whose debts the .indg-g^^^-^y-'pt^ ment was given, or order made, and is a party to the action"- ^^' ' '°- or proceeding in which the judgment, or order, was given, or made, or is otherwise bound by the judgment, or order, shall be deemed to be so entitled, or possessed, as the case may be, as a trustee within the meaning of this Act ; and the High Court may make an order vesting the land, or any part thereof, for such estate as that Court thinks fit, in the pur- chaser, or mortgagee, or in any other person. R.S.O. 1897, c. 336, s. 11.

11. Where a judarnent is given for the specific perform- vesting ord»r

« .'o •11 (•!•• consequential

ance ot a contract concerning any Jand, or lor the partition, on judgment or sale in lieu of partition, or exchange of any land, ori^rforawince, generally, where any judgment is given for the conveyance* ^' of any land, either in cases arising out of the doctrine of s^.sV'^vict., election, or otherwise, the High Court may declare that any"- ®^' ■• '*• of the parties to the action are trustees of the land, or any part thereof within the meaning of this Act, or may declare that the interests of unborn persons who might claim under any party to the action, or under the will, or voluntary set- tlement, of any person deceased, who was, during his life- time a party to the contract or transactions concerning which

2-97

10

the jiid£::ment was ^iven^ aro the interests of persons who, on coming into existence, would be trustees within the meaning of this Act, and thereupon the High Court may make a vesting order relating to the rights of those persons, horn and unborn, as if they had been trustees. R.S.O. 1897, c. 336, s. 12.

Effect of vesting order.

Imp. Act, 56-57 Vict., e. 53, s. Sa.

EFFECT OF VESTING ORDERS OF LAND.

12. A vesting order under any of the ' foregoing pro- visions shall, in the case of a vesting order consequential on the appointment of a new trustee,- have the same effect as if the persons who before the appointment were the trus- tees, if any, had duly executed all proper conveyances of the land for such estate as the High Court directs, or if there is no such person, or no such person of full capacity, then as if such person had existed and been of full capac- ity and had duly executed all proper conveyances of the land for such estate as the Court directs, and shall in every other case have the same effect as if the trustee, or other person, or description or class of persons, to whose rights or supposed rights such provisions relate, had been an ascer- tained and existing person of full capacity, and had executed a conveyance or release to the effect intended bv the order. R.S.O. 1897, c. 336, s. 13.

upon"e"ai^ 13, Where a vesting order is made as to any land under be^Mncfu8i¥« ^^^^ ^^^y foundcd on an allegation of the personal incapacity

evidence.

Imp. Act, 56-57 Vict., c. 53, «. 40.

of a trustee, or mortgagee, or on an allegation that a trustee, or the heir, or personal representative, or devisee, of a mort- gagee is out of Ontario, or cannot be found, or that it is uncertain which of the several trustees, or which of several devisees of a mortgagee was the survivor, or whether the last trustee, or the heir, or personal representative, or last sur- viving devisee of a mortgagee is living or dead, or on an allegation that any trustee or mortgagee has died intestate without an heir, or has died and it is not known who is his heir, or personal representative, or devisee, the fact that the order has been so made shall be conclusive evidence of the matter so alleged in any court upon any question as to the validity of the order; but this section shall not prevent the High Court from directing a reconveyance, or the pay- ment of costs occasioned by any such order if improperly obtained. E.S.O. 1897, c. 336, s. 26.

APPOINTMENT OF PERSONS TO CONVEY.

appoint *per- ^'^- Where a vesting order may be made under any of the sons to co.nvey. foreg-oing provisions, the High Court may, if it is more con- venient, by order appoint a person to convey the land, or release the contingent right, and a conveyance, or release

97

11

by that person in conformity with the order shall have the ^™p-^ '*^cj;^^ same effect as an order under the appropriate provision. «• 53, ». ss. R.S.O. 1897, c. 336, s. 14.

VESTIXQ ORDERS, AND ORDERS RELEASING CONTINGENT RIGHTS, AS TO STOCKS, AND CHOSES IN ACTION.

15. — (1) In any of the following cases : — as* to stock

^ ^ "^ *^ and chonfts in

action, when

(i) Where the High Court appoints, or has appointed, ^^ke. '"*^ a new trustee ; or ^^^ Act.

56-57 Vict., c. 53, •. 85.

(ii) Where a trustee entitled alone, or jointly with another person, to stock, or to a chose in action —

(a) is an infant, or

(h) is out of Ontario, or

(c) cannot be found, or

(d) neglects or refuses to transfer stock, or receive the

dividends or income thereof, or to sue for, or recover, a chose in action, according to the direction of the person absolutely entitled there- . to, for fourteen days next after a request m writing has been made to him by the person so entitled, or

(e) neglects or refuses to transfer stock, or receive the

dividends or income thereof, or to sue for, or recover a chose in action for fourteen days next after an order of the High Court for that pur- pose has been served on him; or

(iii) Where it is uncertain whether a trustee entitled alone, or jointly with another person to stock, or to a chose in action is alive or dead,

the High Court may make an order vesting the right to transfer, or call for a transfer of stock, or to receive the dividends or income thereof, or to sue for, or recover a chose in action, in any such person as the Court may appoint ;

Provided that —

(a) Where the order is consequential on the appoint- ment by the Court of a new trustee, the right shall be vested in the persons who, on the appointment, are the trustees; and 97

12

(h) Where the person whose right is dealt with by the order was entitled jointly with another person, the right shall be vested in that last mentioned person either alone, or jointly with any other person whom the Court may appoint.

^^re"on*to (2) Where a vesting order may be made under this

transfer. sectiou, the Court may, if it is more convenient, appoint

some proper person to make, or join in making, the transfer.

Transfer, how ^3) Xho person in whom the right to transfer or call for the transfer of any stock is vested by an order of the Court under this Act may transfer the stock to himself, or any other person, according to the order, and all incor- porated banks and all companies shall obey every order made under this section.

After notice (4) After uoticc in writing of an order under this sec- transfer 'to"be tion it shall not be lawful for any incorporated bank or any Sereto'^'*'^*'^*^ company to transfer any stock to which the order relates,

or to pay any dividends thereon except in accordance with

the order.

make^ ^^»t». ^^) "^^^ High Court may make declarations and give tion. directions concerning the manner in which the right to any

stock, or chose in action, vested under the provisions of this

Act, is to be exercised.

Ships, share. (^g) rj.^^ provisions of this Act as to vesting orders shall

Imp. Act, ^PP^y t^ shares in ships registered under the Acts relating

c^'m T'sH *^° merchant shipping, as if they were stock. R.S.O. 1897,

' ■ ' c. 336, s. 15.

[For provision as to lunatic trustee or mortgagee, see Lun- acy Act, 9 Ediu. VIL, c. 87, s. 27.']

EFFECT OF VESTING OEDERS OF C II OSES IN ACTION.

vesting" ordOT. ^^' Where any order has been made under the provisions of this Act by the High Court vesting the legal right to sue Imp. Act, for, or recover any chose in action, or any interest in respect c. 53, •.'si', thereof, in any person, he may carry on, commence and prose- cute in his own name any action, or proceeding, for the recovery of sucji chose in action, in the same manner and with the same rights as the person in whose place he has been appointed. R.S.O. 1897, c. 336, s. 18, amended.

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13

TEUSTEES FOB CHARITIES.

17. The High Court may exercise the powers herein conii m»y conferred for the purpose of vesting any land or personal ^^erf in estate in the trustee of any charity, or society, over which ^^^"^^^^^'^^^ the Court would have jurisdiction upon action duly insti-j ^^ tuted. K.S.O. 1897, c. 336, s. 2T, amended. se-sj vict

' ■ ' c. 53, t. 39.

WHO MAY APPLY.

18. — (1) An order under this Act for the appointment who may of a new trustee, or concerning any land or personal estate, appomtaen» subject to a trust, may be made upon the application of any^'^^^^J ^^ person beneficially interested therein, whether under disabil-^^|*'°« <^'^'"' ity or not, or upon the application of any person duly ap- pointed as a trustee thereof. i3 & i4 vict

c. 60, SB. 37, 40 and 41.

(2) An order concerning any land or personal estate, subject to a mortgage, may be made on the application of any person beneficially interested in the equity of redemption, whether under disability or not, or of any person interested in the moneys secured by the mortgage,

(3) Any person entitled may apply, upon notice to such ADpUcation persons as he may think proper, for such an order as he

may deem himself entitled to.

(4) Upon the hearing of the application the Court may Hearing of direct a reference to inquire into any facts which require'^*"*"*' investigation, or may direct the application to stand over

to enable fuller evidence to be adduced, or further notice to be served. E.S.O. 1897, c. 336, ss. 22, .23 and 24.

CEBTAIN POWERS AND BIGHTS OF TRUSTEES.

Purchase and Sale.

19. Where a trust for sale or a power of sale of land or Power of personal estate is vested in a trustee, he may sell or concur saie to sell with any other person in selling all or any part of the ete. ""''"**"' property, either subject to prior charges or not, and either together or in lots, by public auction or by private contract subject to such conditions respecting title or evidence of title or other matter as the trustee thinks fit, with power imp- Act, 5«

. . ^ r 1 1,1./ ^^, & 57 Vict. C.

to vary any contract tor sale, and to buy in at any auction, 53. g. 13 part, or to rescind any contract for sale and to re-sell, without being answerable for any loss. New.

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14

Sales by tru steel not impeachable on certain grounds. Imp. Act, 51-52 Vict., c. 59, B. 3.

20. — (1) -^0 sale made by a trustee after the 4th day of May, 3 801, shall be impeached by any benoficiary upon the ground that any of the conditions subject to which the sale was made, were unnecessarily depreciatory, unless it also appears that the consideration for the sale was thereby rendered inadequate.

(2) N'o such sale shall after the execution of the convey- ance be impeached as against the purchaser upon the ground that any of the conditions subject to which the sale was made were unnecessarily depreciatory, unless it appears that the purchaser was acting in collusion with the trustee at the time when the contract for the sale was made.

(3) No purchaser, upon any such sale, shall malce any objection against the title upon this ground. R.S.O. 18.97, c. 129, s. 29, amended.

Agents.

W

Powe* to 21. — (1) A trustee may appoint a solicitor to be his

receipt of agent to reccive and give a discharge for any money or

banke'r or Valuable Consideration or property receivable bv the trustee

solicitor. jjjj^gj. ^jj^ ^j.^jg^^^

Imp. Act, 56-57 Vict., c. 53, 8. 17.

(2) A trustee may appoint a banker or solicitor to be his agent to receive and give a discharge for any money pay- able to the trustee under or by virtue of a policy of assur- ance or otherwise.

(3) A trustee shall not be chargeable with a breach of trust by reason only of his having made or concurred in making any such appointment.

(4) !N'othing in this section shall exempt a trustee from any liability which he would have incurred if this Act had not been passed, in case he permits any such money, valu- able consideration, or property to remain in the hands or under the control of the banker or solicitor for a period longer than is reasonably necessary to enable the banker or solicitor to pay or transfer the same to the trustee.

(5) This section shall apply only where the money or valuable consideration or propertv was or is received on or after the 4th day of May, 1891. R.S.O. 189Y, c. 129, s. 28, amended.

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Insurance.

22. — (1) A trustee may in sure asrainst loss or damage hyPo-wer to fire, tempest or other casualty any building or other insurable buiidinj. property to any amount, including the amount of any insur-imp. Act, ance already on foot, not exceeding three-fourths of the value c. 63. «.'i8 of such building or property, and pay the premiums for such insurance out of the income thereof or out of the income of any other property subject to the same trusts, without obtaining the consent of any person who may be entitled wholly or partly to such income.

(2) This section does not apply to any building or prop- erty which a trustee is bound forthwith to convey abso- lutely to any beneficiary upon being requested to do so. R.S.b. 1897, c. 129, s. 31, amended.

Renewals of Leases.

23.— (1) A trustee of any leaseholds for lives or years power of which are renewable from time to time may, 'if he think? ygnlwtbia* fit, and shall, if thereto required by any person having aii.yTenew°^and**' beneficial interest, present or future, or contingent, in the jaise money leaseholds, use his best endeavours to obtain from time to purpose, time a renewid lease of the same land on reasonable terms, and for that purpose may from time to time make or concur in making a surrender of the lease for the time being subsist- ing, and do all such other acts as are requisite; Provided imp. Act, that, where by the terms of the settlement or will the pf'rson^^g* ^''^ ^g."' in possession for his life or other limited interest is entitled to enjoy the same without any obligation to renew or to contribute to the expense of renewal, this section shall not apply unless the consent in writing of that person is obtained to the renewal on the part of the trustee.

(2) If money is required to pay for the renewal, the trustee effecting the renewal may pay the same out of any money then in his hands in trust for the persons benefici- ally interested in the land to be comprised in the renewed lease, and if he has not in his hands sufficient money for the purpose, he may raise the money required by mortgage of the land to bo comprised in the renewed lease, or of any other land for the time being subject to the uses or trusts to which that land is subject, and no person advancing money upon a mortgage purporting to be made under this power shall be bound to see that the money is wanted, or that no more is raised than is wanted for the purpose. NeuK

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Passing of Accounts.

mil'v'fiie^"*'*** ^'*- ^ trustee desiting to pass the accounts of his deal- •ceounu jngs with the trust estate may file his accounts in the office

of the Surrogate Court of a county or district in which he or a co-trustee is resident or in which any part of the trust estate is situate, and 'the proceedings and practice upon the passing of such accounts shall be the same and have the like efl^ect as the passing of executors' or administrators' accounts in the Surrogate Court; Provided, however, that in the case of trustees under a will the accounts shall be filed and passed in the office of the Surrogate Court bv which probate of the will was granted. 63 V. c. 17, s. 18 (1) ; 3 Edw. VII. c. 7, s. 26, amended.

Receipts.

tl^rte^s' to' b« '^^- "^^^ payment of any money to and the receipt thereof dfscha?^ « ^^ ^^^ person to whom the same is payable upon any trust, or for any limited purpose, and such payment to and receipt by the survivor or survivors of two or more mortgagees or holders or the executors or administrators of such survivor or their or his assigns, shall effectually discharge the person paying the same from seeing to the application or being answerable for the misapplication thereof. E.S.O. 1897, s. 129, s. 9, amended. [See also Cap. 121, sen 7^.]

Surviving Trustee.

rr"*"^'^"' ^^° 26. Where a power or trust is hereafter given to or trustees. vested in two or more trustees jointly, it may be exercised

Imp Act, or performed bv the survivor or survivors of them for the

56 & 57 Vict. , . ' . ,,. •

c. 53, 8. 22. time being. Jyew.

INVESTMENTS.

Tnist«e8 or 27. — (1) A trustee havine: money in his hands, which it

executors may .,. , ,.,..^ , . "^ ,. . .

invest trust i^ his duty, or which it IS m his discretion, to invest at certain interest, may invest the same in the stock, debentures or

securities. sccuritics of the Dominion of Canada, or of Ontario or of 23^24 "^ict., ^^J ^^ the other Provinces of Canada or in debentures or c. 145, s. 25 securities the payment of which is guaranteed by the Domin- ion of Canada or by Ontario or by any of the other Pro- vinces of Canada or in the debentures of any municipal corporation in Ontario, including debentures issued for pub- lic school purposes ; or in securities which are a first charge on land held in fee simple in Ontario, Manitoba, Saskatchewan or Alberta, provided that such investjments are in other respects reasonable and proper.

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(2) Subject to the proviso in subsection 1, any money ^^*'^'"

investmenta

already invested in any such stock, debentures or securities legalized, shall be deemed to have been lawfully and properly invested. R.S.O. 1897, c. 130, s. 2 (1) : 63 V.'c. 18, s. 1 ; 7 Edw. VTT. c. 23, s. 2 ; 9 Edw. VIT. c. 59, s. 4.

28. — (1) A trustee may deposit money with any of of trust the societies or companies hereinafter mentioned, or may ""*^^' invest any money, which it is his duty, or which it is in his discretion to invest at interest, in terminable debentures or debenture stock of any such society or company, provided that such deposit or investment is in other respects reason- able and proper, and that the debentures are rescistered, and are transferable only on the books of the society or com- pany in his name as trustee for the particular trust estate for which they are held, and that the deposit account in the society's or company's ledger is in the name of the trustee for the particular trust estate for which it is held and the deposit receipt or pass book is not transferable by en- dorsement or otherwise. 7 Edw. VIT. c. 28, s. 1. 9 Edw. VTI. c. 59. s. 5 (1) amended. .

(a) Any incorporated society or company authorized to lend money upon mortgages on real estate, or for that purpose and other purposes, having a capitalized, fixed, paid up and permanent stock not liable to be withdrawn therefrom of not less than $400,000, and a reserve fund of not less than 25 per cent, of its paid up capital, and the stock of which has a market value of not less than 7 per cent, premium. R.S.O. 1897, c. 130, s. 5 (1), cl. a; 62 V. (2), c. 11, s. 32; 1 Edw. VIL c. 14, s. 1 ; 9 Edw. VII. c. 59, s. 5 (1) (a).

(h) Any society or company heretofore incorporated under Chapter 164 of the Revised Statutes of Ontario, 1877, or any Act incorporated there- with, or under Chapter 169 of the Revised Sta- tutes of Ontario, 1887, having a capitalized, fixed, paid up, and permanent stock not liable to be withdrawn therefrom of not less than $200,000, and a reserve fund of not less than 15 per cent, of its paid up capital, and the stock of which has a market value of not less than 7 per cent, premium. R.S.O. 1897, c. 130. s. 5 (1) cl. 6; 62 V. (2), c. 11, s. 32; 3 Edw. VIT. c. 7, 8. 25. 9 Edw. VII. c. 59, s. 5, (1), (b).

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S'^wch" (^) Clause (a) shall not apply to any society or company

funds iiiTetted which has not the approval of the Lieutenant-Governor

by Lientenuuii- m Council as one commg withm the provisions of that clause,

and as one in the debentures or debenture stock of which

trustees may invest or with which they may deposit money.

9 Edw. VTT. c. 59, s. 5 (2-3).

other*"om-' *" (^) Such approval shall not be given with respect to any hfbited ^^ society or company which does not appear to have kept

strictly within its legal powers as to borrowing and investing.

R.S.d. 1897, c. 130, s. 6, amended. 9 Edw. VTT. c. 59,

s. 5 (2-3).

Sr^r *** (^) ^" Order in Council made under the authority of CouncU subsection 2 may at any time be revoked. H.S.O. 1897, c.

investmento. 130, s. 7, amended. 9 Edw. VII. c. 59, s. 5.

Power to T»ry 29, A trustec may from time to time varv or transpose

or transipose . . . i • i . , . , , . . '^ ,

securities. any Securities m which money m his hands is invested whether under the authority of this Act or otherwise into or for any other securities of any nature authorized by this Act. See E.S.O. 1897, c. 130, s. 5 (2). 9 Edw. VII. c. 59, s. 6.

not*chaV^e!^« ^^* "^ trustce lending money upon the security of any for lending property upon which he may lawfully lend shall not be security. chargeable with breach of trust by reason only of the pro-

imp. Act, portion borne by the amount of the loan to the value of c.^59, Z^i'.' ^he property at the time when the loan was made, if it' appears to the court that in making the loan the tnistee was acting upon a report as to the value of the property made by a person whom the trustee reasonably believed to be a competent valuator, instructed and employed indepen- dently of any owner of the property, whether such valuator carried on business in the locality where the property is situate or elsewhere, and that the amount of the loan does not exceed one-half of the value of the property as stated in the report and that it was made under the advice of the valuator expressed in the report. R.S.O. 1897, c. 130, s. 8 (1). 9 Edw. VII. c. 59, s. 7.

ing mor« th*n 31. Where a trustee has improperly advanced money on

imoMt*^ a mortgage security which would at the time of the invest-

imp. Act, ment have been a proper investment in all respects for a

c^69 T's' ^^^^ ^^^^ *^^^ ^^^ actually advanced, the security shall be

deemed an authorized investment for such less ?um, and the

trustee shall only be liable to make good the sum advanced

in excess thereof 'with interest. E.S.O. 1897, c. 130, s. 9 (1),

9 Edw. VTT. c. 59, s. 8.

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32. Sections 30 and 31 shall apply to transfers of exist- ^^^p'^^*"^$^«* ing securities as well as to new securities, and to invest- 3^-

raents made as well before as on and after the 4th day of May, 1891, unless some action or other proceeding was pending with reference thereto at that date. R.S.O. 1897, o. 130, s. 8 (2). 9 Edw. VII c. 59, s, 9.

33. A trustee shall not he chargeable with breach of J^^jJ^y^jJ^nj^ trust by reason only of his continuing to hold an investment pf character of

. • "^ . ^ I • T 1 I investment.

which has ceased to be an investment authorized by the instrument of trust or by the general law; and this provis-57 Vict.,' ion shall apply to cases arising cither before or after the*'" passing of this Act. 63 V. c. 18, s. 2. 9 Edw. VII. c. 59, s. 9.

PROTECTION AND INDEMNITY.

34. A trustee shall be chargeable only for money and [^P'^^j^y ^,, securities actually received by him notwithstanding his sign- trustee*, ing any receipt for the sake of conformity, and shall be imp Act, answerable and accountable only for his own acts, receipts, c. 53, ■. 24. neglects, or defaults, and not for those of any other trustee,

nor for any banker, broker, or other person with whom any trust moneys, or securities may be deposited, nor for the insufficiency or deficiency of any securities, nor for any other loss, unless the same happens through his own wilful default; and may reimburse himself or pay or discharge out of the trust property, all expenses incurred in or about the execution of his trust or powers. See R.S.O. c. 129, s. 3.

{^Note. — As to payments made and acts done under revoTced powers of attorney, see 10 Edw. VII. c. Ji.7, s. 5.]

35. (1) Where a trustee commits a breach of trust at theJ^t^^'i,^°Mh instigation or request or with the consent in writing of a fngtY^aVion* oi beneficiary, the High Court may make such order as to^°«ficiap'- the Court seems just, for impounding all or any part of these-sV vict, interest of the beneficiary in the trust estate by way of in- ' demnity to the trustee or person claiming through him.

(2) This section shall apply notwithstanding that the beneficiary is a married woman entitled for her separate use and restrained from anticipation. K.S.O. 189Y, c. 129, s. 30 (1) amended.

TECHNICAL BREACHES OF TRUST.

36. If in any proceeding affecting a trustee or trust pro- trustees' perty it appears to the court that a trustee, or that any per- [^ °^™'^i°' son who may be held to be fiduciarily responsible as a trustee, j^^^'^ °* is or may be personally liable for any breach of trust when-

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ever the transaction alleged or found to be a breach of trust occurred, but has acted honestly and reasonably, and ought Imp. Act, fairly to be excused for the breach of trust, and for omitting c. 36. a. %" to obtain the directions of the court in the matter in which ho committed such breach, the court may relieve the trustee either wholly or partly from personal liability for the same. 62 V. (2), c. 15, s. 1.

[As to limitation of actions against trustees, see Limita- tions of Actions Act, 10 Edw. VI I. , c. S4, ss. J^e-J^S.']

PAYMENT INTO COURT.

TOurt'^by ^^ ^'^' — ^^^ Where any money or securities belonging to a trustees of trust are in the hands or under the control of or are vested in »r securitie*. a solc trustec or Several trustees and it is the desire of such Imp. Act, trustee or of the majority of such trustees to pay the money c. 53. ».*42. into, or to deposit the securities in court, the Pligh Court on an ex parte application in Chambers may order the pay- ment into, or deposit in court to be made by the sole trustee, or by the majority of the trustees without the concurrence of the other or others if such concurrence cannot be obtained. R.S.O. 1897, c. 336, s. 4 (1 nnd 3), amended.

(2) A Surrogate Court Judge may make the like order where, in passing accounts before him, it appears to him that an executor, administrator, guardian or trustee has money or securities in his hands belonging to an infant, luna- tic, or person of unsound mind, or to a beneficiary whose address is unknown; and such order shall be entered in the Chamber Book of the High Court at Osgoode Hall and in the case of an infant shall state his name and age and shall be served upon the Official Guardian. 3 Edw. VII. c. 7, s. 50.

se'sV'^rt ^^) Where any such money, or securities, are deposited

e. 53, 8. 42 with a banker, or broker, or other depositary, the Court may order payment, or delivery thereof to the majority of the trustees for the purpose of payment into, or deposit in court, and every transfer, payment, and delivery, made in pursuance of such order, shall be valid and take effect as if the same had been made on the authority, or by the act, of all the persons entitled to the money and securities, so transferred, paid, or delivered. R.S.O. 1897, c. 336, s. 4.

Payment into (4) Auv pcrsou with whom trust money or securities

court by p&r ^ \ ,.1 i in

sons holding havc bccu deposited or to whose hands trust money or

for tn^tee*^' Securities have come, where the trustee has been absent from

Ontario for a year and is not likely to return at an early

date, or in the event of the trustee's death, or where the

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21

trustee in Ontario cannot give an acquittance of the money or securities, may make an application similar to that author- ized by subsection 1. 62 V. (2), c. 15, s. 3, amended.

(5) Where an infant, lunatic, or person of unsound mind,^o^^|y^ ^^

is entitled to any money payable in discharge of any land^a^d. ^stodc,.^ or personal estate, conveyed, assigned, or transferred, under jnfant, or this Act, the person by whom such money is payable may entitled, may pay the same into the High Court in trust in any cause then court! depending concerning such money, or, if there is no suchimp jj^ct, cause, to the credit of such infant, lunatic, or person of J^g* b*48''^'' unsound mind. R.S.O. 1897, c. 336, s. 20, amended.

(6) The certificate or receipt of the proper officer shall beCM^i**"*,^ &* a sufficient discharge for the money, or securities, so paid into, discharge.

or deposited in court.

(7) Money or securities ordered to be paid into, or de- posited in court, shall, subject to Rules of Court, be dealt with according to the order of the court. R.S.O. 1897, c. 336, 8. 4, amended.

PKOCEDURE OlSr PAYI^IG MONEY INTO COURT.

38.

(1) Subject to Rules of Court the following pro- ^PP^lt" mT«, cedure shall be observed: — ' into Oourt

under Trustee Relief Act,

On an application to pay money into or to deposit n^ade. securities in court under this Act, the applicant shall file an affidavit entitled in the High Court of Justice, " In the matter of (specifying shortly the trust and the instrument creating it)/' which affidavit shall set forth: —

(i) The deponent's name and address.

(ii) The amount and description of the money or securities in question.

(iii) A statement whether the estate or succession duty (if chargeable) or any part thereof has been paid.

(iv) The names and addresses, as far as known to the deponent, of all persons interested in, or entitled to the money or securities in question; and to the best of his knowledge and belief whether or not such persons are under any disability, by reason of infancy, or unsoundness of mind. 97

22

(v) His submission to answer all such questions relat- ing to the application of the money and securities in question as the Court or a Judge thereof may make or direct.

(vi) The place where he is to be served with any peti- tion, notice, or other proceeding, relating to the money or securities in question.

(vii) A concise statement of the reason why the ap- plication is made and of the material facts.

(2) Every order made on such application shall direct the applicant forthwith to give notice thereof, by registered post, to the several persons who are as stated in his affi- davit interested in, or entitled to the money or securities paid into, or deposited in court, except such as are infants, luna- tics, or persons of unsound mind, for whom notice shall be given to the Official Guardian.

g^ <^ (3) It shall be the duty of the Official Guardian, when-

ever practicable, forthwith to communicate to the parents, guardians, or committee of any person, on whose behalf he may be so notified, the contents of such order.

(4) The notice of an order may be in the following form :

In the High Court of Justice.

In the-matter of (specifying trusts, etc., as in the affidavit). Take notice itihat pursuant to the order of the Court dated the ,day of I have paid into Court to the credit of

the above mentioned matter $ lor I have deposited

in Court to the credit of the above mentioned matter the follow- ing securities (specifying them) 1 in which money [or securities] you appear to be interested as (stating shortly how, e.g., as legatee under the .will of A.B.) Dated this daj of 19 .

Signature of applicant, in person,

or "by his Solicitor.

(5) Notice of all applications respecting money. or secur- ities paid into, or deposited in, court under this Act shall be served on the trustee, and the persons directed to be notified of such payment or deposit, unless such service is dispensed with by the court. R.S.O. 1897. c. 336, s. 30, Amended.

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Peesonal Representatives and Devisees in Trust.

Removal of Personal Representatives.

39. — (1) The High Court may remove a personal ^^' j^' representative upon any ground upon which such Court may«™°^«- remove any other trustee, and may appoint some other proper person or persons to act in the place of the executor or admin- istrator so removed.

(2) Any person so appointed shall give such security asio Edw. vii he would be required to give if letters of administration were "" granted to him under The Surrogate Courts Act

31.

(3) The order may be made upon the application of anyj^°y°*»y executor or administrator desiring to be relieved from the duties of the ofBce, or of any executor or administrator com- plaining of the conduct of a co-executor or co-administrator, or of any person interested in the estate of the deceased.

(4) Subject to any rules to be made under The On^ano ^«v.st»t. Judicature Act, the practice in force for the removal of any other trustee shall bo applicable to proceedings to be taken in

the High Court under this section.

(5) Where the executor or administrator removed is not a sole executor or administrator the Court need not, unless it sees fit, appoint any person to act in the room of the person removed, and if no such appointment is made the rights and estate of the executor or administrator removed shall pass to the remaining executor or administrator as if the person so removed had died.

(6) The executor of any person appointed an executor ^•^' "* under this section shall not by virtue of such executorship be an executor of the estate of which his testator was appointed executor under this section, whether such person acted alone or was the last survivor of several executors.

(7) A certified copy of the order of removal shall be filed popy <>' ^^'' with the Surrogate Clerk, and another copy with the Kegis-with Snm>- trar of the Surrogate Court by which probate or administra- ** tion was granted, and such officers shall, at or upon the entry of the grant in the registers of their respective offices, make

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24

in red ink a short note giving the date and effect of the order, and shall also make a reference thereto in the index of the register at the place where such grant is indexed. R.S.O. 1897, c. 61, s. 39.

(8) The date of the grant shall be endorsed on the copy of the order filed with the Surrogate Clerk. 63 V. c. 17, s. 7.

RIGHTS AND LIABILITIES OF PERSONAL REPRESENTATIVES.

t^ll^oTs\ni ^^' — (1) Except in cases of libel and slander, the execu- fo'i^tort^*'*^'' ^'^^* ^^ administrator of any deceased person may maintain an action for all torts or injuries to the person or to the property of the deceased, in the same manner, and with the same rights and remedies as the deceased would, if living, have been entitled to do; and the damages when recovered shall form part of the personal estate of the deceased. R.S.O. 1897, c. 129, s. 10.

a^ain" (^) Exccpt in cascs of libel and slander, if a deceased per-

executoTB and SOU Committed a wrong to another in respect of his person or

administrator* . , ^ . ' . • • j.

for tortg. property, the person wronged may maintain an action against the executor or administrator of the person who committed the wrong. R.S.O. 1897, c. 129, s. 11.

(3) An action under this section shall not be brought after the expiration of one year from the death of the deceased. R.S.O. 1897, c. 129, ss. 10 and 11.

[As to actions and distress for rent hy personal representa- tives, see The Landlord and Tenant Act, s. . . . ; and as to liability of personal representatives of a deceased joint con- tractor, see Mercantile Law Amendment Act, 10 Edw. VII., c. 63, s. 5.]

^^®cutor_to 41 j^ personal representative shall have an action of of account, accouut as the testator or intestate might have had if he had (st.^Jrwest- lived. R.S.O. 1897, c. 337, s. 10. Amended.

minster, Sec.) c. 23.

[As to assignment and discharge of mortgages hy executors, etc., see The Mortgages Act, 10 Ediv. VII., c. 51, s. 9.]

J.^56^''' ^^ 42. Subject to the provisions of The Devolution of

Executors Esttttcs Act, where a testator by his will devises or directs fo^hlvl SioT ^^^^^ *^ ^^ ^^^^ ^.y ^^^ executors, a sale may be validly made 21 nSn ^y ^^^^ ^^^ ^^ more of the executors to whom probate of the

VIII., e. 4, will has been granted, and a conveyance by such executor or

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executors shall be as valid and effectual as if all the executors named in the will had joined therein. E.S.O. 189Y, c. 337, 8. 12.

Execution of Powers.

43. Where there is in a will a direction, express or im- Direction to plied, to sell, dispose of, appoint, mortgage, incumber or lease b^ exercised any land, and no person is by the will or otherwise by the ^^en^*no*°' testator appointed to execute and carry the same into effect, 9^^^pp^"^J the executor, if any, named in such will may execute and**' exercise carry into effect every such direction in respect of such land, and any estate or interest therein, in the same manner, and with the same effect, as if he had been appointed by the testator for that purpose. E.S.O. 189Y, c. 129, s. 21. Amended.

44. Where from any cause a Court of competent juris- ^H^'^'in'***' diction has committed to a person, who has given security to annexed may the satisfaction of such Court for his dealing with such land powers of sai* and its proceeds, letters of administration with a will an-filcutor. nexed which contains an express or implied power to sell, or when no dispose of, appoint, mortgage, incumber or lease any land, {he wiTto '" whether such power is conferred on an executor named in the ^^^^ ^^ will or the testator has not by the will or otherwise appointed ^aie, etc. a person to execute it, the administrator may exercise the power in respect of such land in the same manner and with the same effect as if he had been appointed by the testator for that purpose. R.S.O. 1897, c. 129, ss. 22 and 23.

Contract of Deceased.

45. Where any person has entered into a contract inE^ecutorg, writing for the sale and conveyance of land, and such person convey in has died intestate, or without providing by will for the con- a'^confr'kct for veyance of such land to the person entitled or to become d^^^a^j^* ^^ entitled to such conveyance, if the deceased would be bound, were he ialive, to execute a conveyance, his personal repre- sentative shall make and give to the person entitled to the same a good and sufficient conveyance of such land, of such nature as the deceased, if living, would be liable to give, but without covenants, except as against the acts of the grantor ; and the conveyance shall be as valid and effectual as if the deceased were alive at the time of the making thereof, and had executed the same, but shall not have any further validity or effect. R.S.O. 1897, c. 129, s. 24.

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10 Edw. VII c. 66.

Derisee in

trust may raise money by sale or mortgage to satisfy charges, not' withstanding want of express power in the will. Imp. Act, 22-23 Vict., c. 35, s. 14.

Devises in Trust.

46. — (1) Subject to the provisions of The Devolution of Estates Act, where by any will coming into operation after the eighteenth day of September, 1865, a testator charges his land, or any specific part thereof with the payment of his debts or with the payment of any legacy or other specific sum of money, and devises the land so charged to a trustee for the whole of his estate or interest therein, and does not make any express provision for the raising of such debt, legacy or sum of money out of such land, the devisee in trust, notwithstand- ing any trusts actually declared by the testator, may raise such debt, legacy or mori^y by a sale and absolute disposition, by public auction or private contract, of such land or any part thereof, or by a mortgage of the same, or partly by one mode and partly by the other, and in any mortgage so exe- cuted may agree to such rate of interest and such period of repayment as he may think proper. E.S.O. 1897, c. 129, s. 16. Amended.

byTnbSoo (2) '^^^ powers conferred by this section shall extend to 1 extended to every pcrson in whom the land devised is for the time being

survivors, i i • i • t i •

devisees, etc. vested by survivorship, descent or devise, and to any person 22-23 Vict., appointed under any power in the will or by the High Court ■ to succeed to the trusteeship vested in such deyisee in trust. R.S.O. 1897, c. 129, s. 17. Amended.

Executor to r^\ jf ^ tcstator who Creates such a charge does not devise

have power t^*,,^, , ,. , ^ ^ • ■, i

raising money the land SO charged m such terms that his whole estate and

no sufficient interest therein become vested in a trustee, the executor for

imp^\ct, the time being named in the will, if any, shall have the like

c.^ 85, T"i'6. power of raising money as is hereinbefore conferred upon the

devisee in trust; and such power shall from time to time

devolve upon and become vested in the person in whom the

executorship is for the time being vested.

(4) Any sale or mortgage under this section shall operate only on the estate and interest of the testator. R.S.O. 1897, c. 129, s. 18. Amended.

(5) Purchasers or mortgagees shall not be bound to inquire whether the powers conferred by this section, or any

Purchasers, etc., not bound to

exercise of of them, have been duly and correctly exercised by the per- aZ^22-23^ V*' son acting in virtue thereof. R.S.O. 1897, c. 129, s. 19. c. 35, s. 17. Amended.

affert^'^certain"' ^^^ TMs scction shall not extend to a devise to any person sales nor to in fee Or in tail, or for the testator's whole estate and interest devises in fee charged with dcbts or legacies, or affect the power of any such i^p.°Act!' devisee to sell or mortgage. R.S.O. 1897, c. 129, s. 20. 22-2_3 Vict, Amended.

c. 35, s. 18.

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27 47. Every personal representative, as respects the ad-jPutjes and

liabilities of

ditional powers vested in him by this Act, and any money an executor

,,,. .,. f .i • '/.and adminis

or assets by nim received m consequence oi the exercise oitrator acting such powers, shall be subject to all the liabilities, and com-^^ers in pellable to discharge all the duties which, as respects the acts***'^ ^'=*- to be done by him under such powers, would have been im- posed upon a person appointed by the testator, or would have been imposed by law upon any person appointed by law, or by any Court of competent jurisdiction to execute such power. R.S.O. 1897, c. 129, s. 25. Amended,

48. Where there are several personal representatives, andPo'^" a^I^ one or mare of them die, the powers conferred upon them two or more by this Act shall vest in the survivor or survivors. R.S.O.

1897, c. 129, s. 26.

l^As to investment of moneys received for infants under Life Assurance Policies, see B.S.O. 1897, c. 203, s. 155, suh-s. 5.]

Executors of Executors.

49. Executors of executors shall have the same actions Executor* of for the debts and property of the first testator as he would have rights have had if in life ; and shall be answerable for such of the of first* debts and property of the first testator as they shall recover ®*®''"*^'^

as the first executors would be if they had recovered ihe^^ sut^?'" same. R.S.O. 1897, c. 337, s. 13. " c. 5.

EFFECT OF REVOCATION OF AN ERRONEOUS GRANT.

50. — (1) Where a Court of competent jurisdiction tasA^cts^done admitted a will to probate, or has appointed an administrator, notwithstanding that the grant of probate or the appointment may be subsequently revoked as having been erroneously made, all acts done under the authority of such probate or appointment, including all payments made in good faith to or by the personal representative, shall be as valid and effectual as if the same had been rightly granted or made.

Provided that upon revocation of the probate or appoint- ReeoTery of ment in cases of an erroneous presumption of death, the sup- posed decedent, and in other cases the new personal repre- sentative may, subject to the provisions of subsections 2 and 3, recover from the person who acted under the revoked grant or appointment any part of the estate remaining in his hands undistributed, and, subject to The Limitations Act, from ^^ J^^- '^"• any person who erroneously received any part of the estate as a devisee, legatee or one of the next of kin, or as a husband

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28

or wife of the decedent or supposed decctlcnt, the part so received or the value thereof. R.S.O. 1897, c. 131, ss. 1 and 2.

Krp«n«««. ^2) The person acting under the revoked probate or ap-

pointment may retain out of any part of the estate remaining in his hands undistributed his proper costs and expenses incurred in the administration. R.S.O. 1897, c. 131, s. 3.

*''■"**• (3) INothing in this section shall protect any person acting

as personal representative where he has be^n party or privy to any fraud whereby the grant or appointment has been obtained, or after he has become aware of any fact by reason of which revocation thereof is ordered, unless in the latter case he acts in pursuance of a contract for valuable considera- tion and otherwise binding made before he became aware of such fact. R.S.O. 1897, c. 131, s. 4. Amended.

mtkTng' ^^- ^11 persons making or permitting to be made any pay-

etY™*und'er D^eut Or transfer in good faith upon any probate or letters revoked of administration granted by any Surrogate Court in

p r o 0 A t© OT t/ 1/ cj

adiministration Ontario, in respect of the estate of the deceased, shall be indemnified and protected in so doing, notwithstanding any defect or circumstance affecting the validity of the probate or letters of administration. R.S.O. 1897, c. 59, ss. 63 and 64. Amended.

ADMINISTRATION OF ESTATES.

^eTutors'*nd ^^- — (^) ^ personal representative may pay or allow trustees to any debt or claim on any evidence that he thinks suflScient.

compoaind, etc '' ''

Iiap. Act, 56-57 Vict,

c. 53, i. 21. (2) A personal representative or two or more trustees acting together, or a sole acting trustee where by the instru- ment, if any, creating the trust a sole trustee is authorized to execute the trusts and powers thereof, may, if and as he or they may think fit, accept any composition or any security, real or personal, for any debt or for any property, real or per- sonal claimed, and may allow any time for payment for any debt, and may compromise, compound, abandon, submit to arbitration, or otherwise settle any debt, acoount, claim, or thing whatever relating to the testator's or intestate's estate or to the trust, and for any of these purposes may enter into, give, execute, and do such agreements, instruments of com- position or arrangement, releases, and other things as to him or them seem expedient, without being responsible for any loss occasioned by any act or thing done by him or them in good faith. R.S.O. 1897, c. 129, s. 33 ; 62 V. (2), c. 15, s. 2. Amended.

97

29 53. On the administration of the estate of a deceased 5''«'=?««* ^* .

deficiency of

person, in the case of a deficiency of assets, debts due to»»sets. debu the Crown and to the personal representative of the de-paH v<u»u. ceased person, and debts to others, including therein debts by judgment or order, and other debts of record, debts by specialty, simple contract debts, and such claims for damages as are payable in like order of administration as simple con- tract debts shall be paid pari passu and without any pref- erence or priority of debts of one rank or nature over those of another; but nothing herein shall prejudice any lien existing during the lifetime of the debtor on any of his Not to »«fect real or personal property. K.S.O. 1897, c. 129, s. 34. "^°'-

54. — (1) Where a personal representative, liable as such ^^» ^^ J^^^"^, to the rents, or upon the covenants or agreements contained in adminigtrator

, ri I'll ill respect of

a lease or agreement for a lease granted or assigned to the tes- cov«nant8, tator or intestate has satisfied all liabilities under the lease imp. 'let** or agreement for a lease, which accrued due and were claimed c.^H^ 7*27. up to the time of the assignment hereinafter mentioned, and has set apart a sufficient fund to answer any future claim that may be made in respect of any fixed and ascertained sum cov- enanted or agreed by the lessee to be laid out on the property demised, or agreed to be demised, although the period for lay- ing out the same may not have arrived, and has assigned the lease, or agreement for lease, to a purchaser thereof, he may distribute the residuary estate of the deceased to and among the parties entitled thereto, without appropriating any part, or any further part thereof, as the case may be, to meet any future liability under such lease, or agreement for lease.

(2) The personal representative so distributing the residu- ary estate shall not be personally liable in respect of any subsequent claim under the lease, or agreement for lease.

(3) Toothing in this section shall prejudice the right of the lessor, or those claiming under him, to follow the assets of the deceased into the hands of the person or persons to or amongst whom they have been distributed. R.S.O. 1897, c. 129, s. 36.

55. — (1) Where a personal representative, liable as such^f\*^Sr"?n to the rent or upon the covenants or agreements contained [[^p^^^^^^' ,^ in any conveyance on chief rent or rent-charge, whether anycon^yance» such rent is by limitation of use, grant or reservation, or charge, etc. agreement for such conveyance, granted or assigned to or 22-23 vict., made and entered into with the testator or intestate has satis- °" ' •' fied all liabilities under the conveyance, or agreement for a conveyance, which accrued due and were claimed up to the

97

80

time of the conveyance by him hereinafter mentioned, and has set apart a sufficient fund to answer any future claim that may be made in respect of any fixed and ascertained sum covenanted or agreed by the grantee to be laid out on the property conveyed, or agreed to be conveyed, although the period for laying out the same may not have arrived, and has conveyed such property, or assigned such agreement for con- veyance to a purchaser thereof, he may distribute the resid- uary estate of the deceased to and amongst the persons en- titled thereto, v^ithout appropriating any part, or any further part thereof, as the case may be, to meet any further liability under such conveyance, or agreement for conveyance.

(2) A personal representative so distributing the resid- uary estate shall not be personally liable in respect of any subsequent claim under the conveyance, or agreement for conveyance.

(3) Nothing in this section shall prejudice the right of the grantor, or those claiming under him, to follow the assets of the deceased into the hands of the person or per- sons to or amongst whom they have been distributed. R.S.O. 1897, c. 129, s. 3Y.

Distnibutian of assets under trust deedi for benefit of creditors, or of the assets or intestate after notice given by trustee, assignee, executor or adimimBtratoa

56. — (1) Where a trustee or assignee acting under the trusts of a deed or assignment for the benefit of creditors generally, or of a particular class or classes of creditors, where the creditors are not designated by name therein, or a personal representative ha? given such or the like notices as, in the opinion of the court in which such trustee, assignee, or personal representative is sought to be charged, would have been directed to"be given by the High Court in an action for the execution of the trusts of such deed or assign- ment, or in an administration suit, for creditors and others to send in to such trustee, assignee, or personal representative, their claims against the person for the benefit of whose creditors such deed or assignment is made, or against the estate of the testator or intestate as the case may be, at the expiration of the time named in the notices, or the last of the notices, for sending in such claims, he may distribute the pro- ceeds of the trust estate, or the assets of the testator or intes- tate as the case may be, or any part thereof amongst the per- sons entitled thereto, having regard to the claims of which he has then notice, and shall not be liable for the proceeds of the trust estate, or assets, or any part thereof, so distributed to any person of whose claim he had not notice at the time of the distribution.

97

81

(2) N'othing in this section shall prejudice the right of any creditor or claimant to follow the proceeds of the trust estate or assets, or any part thereof, into the hands of persons who have received the same. R.S.O. 1897, c. 129, s. 38. Amended.

[As to contested claims see The Surrogate Courts Act. 10 Edw. VII., c. SI, s. 69.']

PKOPEETY SUBJECT TO POWER, WHEN TO BE ASSETS.

57. Property over which a deceased person had a gt^ii" ^e^erarpower eral power of appointment which he might have exercised by win, for his own benefit without the assent of any other person, 8 w. * m. shall be assets for the payment of his debts, where the same is '' appointed by his will ; and, under an execution against the personal representatives of such deceased person, such assets may be seized and sold, aft^r the deceased person's own t property has been exhausted. R.S.O. 1897, c. 337, s. 20.

UNDISPOSED OF RESIDUE.

58. — (1) When a person dies having by will, appointed ^^^"^, an executor, such executor, in respect of any residue nof^sidue undi*-

"*- ' posed 01 lOT

expressly disposed of, shall be deemed to be a trustee for the next of kin person (if any) who would be entitled to the estate imdor Edw. vii.. The Devolution of Estates Act in case of an intestacy, unless appear" by "the it appears by the will that the executor was intended ^a" TiTterld^ed to take such residue beneficially. E.S.O. 1897, c. 337, ^*',i*^^^ ^«''«- s 14 i°ip- A^ct,

• 11 Geo. IV.

and 1 W. IV. c. 40, s. 1.

(2) E'othing in this section shall prejudice any right Not to in respect of any residue not expressly disposed of, to jE|g^|g *^Jj*^® which, if this Act had not been passed, an executor would ^''^^'"^^"[^^^ have been entitled where there is not any person who would 's not any

1 '111 » 1 rrn t\ t » • -person entitled

be entitled to the testators estate under Irie Devolution of to the residue Estates Act in case of an intestacy. R.S.O. 1897, c. 337, s. Edw^vii..

1 K c. 56.

^'^' Imp. Act,

11 Geo. IV.

and 1 W. rV. LIABILITY OF REPRESENTATIVES OF EXECUTORS AND « *^' ■■ 2.

ADMINISTRATORS.

59. The personal representative of any person who, as Erecutors, etc., executor or as executor m his own wrong, or as administrator, in their own wastes or converts to his own use any part of the estate of any JJ'o°<j"/oT\he"*' deceased person, shall be liable and chargeable in the samej*'^hlfr^''"^'* manner as his testator or intestate would have been if he had ^^^^^^' jj- been living. R.S.O. 1897, c. 387, ss. 16 and 17. Amended, c. i, s! i.'

^ 4 W. A M.

97 c- 24, t. 13.

32

CONVEYANQE OF LANDS SOLD FOE DEBTS.

Infants to 60. — (1) Where an action or proceeding is instituted in

make conrey- ^ ' , ./• iiii"

anopa under anj court TOP the payment oi any debts of any person c'^lfrt o'f real dcccased to which the estate may be subject or liable, and such dfre^t^d to court orders the estate liable to such d^bts, or any of them, paymlnt'of ^^ ^ ^^^^ ^'' "^o^tgaged, for satisfaction of such debts, and debts. \)j reason of the infancy of any heir, or devisee, an immedi-

ate conveyance thereof cannot be compelled, such court shall direct, and if necessary, compel, such infant to convey such estate so to be sold, or mortgaged, by all proper assurances to the purchaser, or mortgagee thereof, and in such manner as the Court shall deem proper and direct, and every such infant shall make such conveyance, or mortgage, accordingly.

fmp. Act, ^2) Every such conveyance, or mortgage, shall be as valid

and 1 w. IV., and effectual as if such infant was, at the time of executing as amended by the Same, of the full age of twenty-one years.

2 and 3 Vict.

c. 60, 8. 1. ^.

des're'nd a* ^^^ '"^^^ surplus moncy from such sale, or mortgage, shall

land would descend in the same manner as the estates so sold, or mort- imp* a'ci*' gaged, would have done. R.S.O. 189Y, c. 337, s. 18.

2 and 3 Viet. c. 60, 8. 2.

Person* h«v- ^1. "Where land is devised in settlement by any person inferest'^mny, whosc estatc IS by law liable to the payment of any of his t'he "court,**' debts, and by such devise is vested in any person for life, conrey the fee or othcr limited interest, with any remainder, limitation, ordered to bo or gift ovcr, which may not be vested, or may be vested

sold for pay- . /• i j.i *

nient of debu m somc person from whom a conveyance or other assurance of the same cannot be obtained, or by way of executory devise, and an order is made for the sale thereof for the Imp. Act, payment of such debts, or any of them, the court may ind^w^iv. direct the tenant for life, or other person having a limited c. 47, 8. 13. interest, or the first executory devisee thereof, to convey, re- lease, assign, surrender, or otherwise assure the fee simple, or other the whole interest so to be sold, to the purchaser, or in such manner as the court may deem proper; and every such conveyance, release, surrender, assignment, or other assurance, shall be as effectual as if the person who makes and executes the same was seized, or possessed of the fee simple, or other whole estate, so to be sold. R.S.O. 1897, c. 337, s. 19, amended.

ESTATES OF INSOLVENT DECEASED PEBSONS.

iS^il^rU?*' ^2-— (1) On the administration of the estate of a de-

to vaio* the ceased person, in case of a deficiency of assets, every creditor

in proving his claim shall state whether he holds any security

for his claim or any part thereof, and shall give full par-

97

88

ticulars of the same and if such security is on the estate of the deceased debtor, or on the estate of a third person for whom the estate of the deceased debtor is only indirectly or secondarily liable the creditor shall put a specified value on such security, and the personal representative, under the authority of the other creditors of the estate of the deceased, or of the court if the estate is being then administered under the direction of or by a court, may either consent to the creditor's ranting; for the claim, after deducting such valua- tion, or may require from the creditor an assignment of the security at an advance of ten per cent, upon the specified value to be paid out of the estate as soon as the personal representative has realized such security, in which he shall be bound to the exercise of ordinary diligence ; and in either case the difference between the value at which the security is retained or taken, as the case may be, and the amount of the claim of the creditor shall be the amount for which he shall rank upon the estate of the deceased debtor.

(2) If the claim of the creditor is based upon a negotiableJ^^'^»«*»»" instrument upon which the estate of the deceased debtor isn«»oti»bi» only indirectly or secondarily liable, and which is not mature or exigible, the creditor shall be considered to hold security within the meaning of this section, and shall put a value on the liability of the person primarily liable thereon, as his security for the payment thereof, but after the maturity of such liability and its non-payment, he shall be entitled to amend and i*-value his claim. RS.O. 1897, c. 132, s. 1.

S3. A creditor holding any such security on the estate pr«dit<»T h«i4- of a deceased debtor, or on the estate of a third person formfy^Sifn^ whom the estate of »uch debtor is only indirectly or sec- n"un*»cur»d * ondarily liable, may release or deliver up such security to"**^'**"* the personal representative, or he may by statutory de- claration delivered to the personal representative set a value upon such security; and from the time he shall have 80 released or delivered up such security or valued the same, the debt to which such security applied shall be considered as an unsecured debt of the estate, or as being secured only to the extent of the value set upon such security; and the creditor may rank as and exercise all the rights of an ordi- nary creditor, for the amount of his claim, or to the extent only of so much thereof as exceeds the value set upon such security as the case may be. R.S.O. 1897, c. 132, s. 2.

64, — (1) Where a person claiming to be entitled to rank J^" *"****"* on the estate holds security for his claim or any part thereof , ••<^»y '»* of such a nature that he is required by this Act to value it, and he fails to value the same, the Judge of the Surrogate

5-97 ^ "'"^TTlf ■■ -^ - iW'Vif'j

84

Court, who granted the probate or letters of administration, may, upon summary application by the personal representa- tive, of which application three days' notice shall be given to such claimant, order that unless a specified value shall be placed on such security and notified in writing to the personal representative within a time to be limited by the order such claimant shall, in respect of the claim, or the part thereof for which the security is held, be wholly barred of any right to share in the proceeds of such estate.

(2) If a specified value is not placed on such security and notified in writing to the personal representative ac- cording to the exigency of the order, or within such further time as the Judge may allow, the claim or the part thereof, as the case may be, shall be wholly barred as against such estate. R.S.O. 1897, c. 132, s. 3. "

(3) Where an estate is being administered by or under the ^^J^^**" direction of a court, such court shall exercise the juris- a'oonrL^** diction conferred by this section upon the Judge of the "^ Surrgoate Court. R.S.O. 1897, c. 132, s. 4.

lAs to priority in respect of wages, see 10 Edw. VII., c. 72, sec. 5.]

SFMMARY APPLICATION TO COTTRT FOR ADVICE.

65. — (1) A trustee, guardian, or personal representative, ^'*^iy*°fOT may, without the institution of an action, apply to the m^ttSgement, High Court in the manner prescribed by Eules of Court, pro*'^ for the opinion, advice, or direction of the Court on any ques- tion respecting the management or administration of the trust 22-28 vicl., property or the assets of his ward or his testator or intestate.

c. 86, «, 80. ^ ^ "^

(2) The trustee, guardian, or personal representative, act- ing upon the opinion, advice or direction given, shall be deemed, so far as regards his own responsibility, to have discharged his duty as such trustee, guardian, or personal representative, in the subject matter of the application, unless he has been guilty of some fraud, wilful concealment or misrepresentation in obtaining such opinion, advice or direction. R.S.O. 1897, c. 129, s. 39 ; 2 Edw. YTL. c. 12, 8. 18, amended.

W

85

ALLOWANCE TO TBUSTEES AND PEBSONAL EEPBESENTATIVES.

66. — (1) A trustee, guardian or personal representative, Aiiowanc* to shall be entitled to such fair and reasonable allowance for "^' his care, pains and trouble, and his time expended in and about the estate, as may be allowed by a Judge of the High Court, or by any Master or Referee, to whom the matter may be referred. RS.0. 1897, c. 129, s. 40 ; 63 V. c. lY, s. 18 (2) amended.

(2) The amount of such compensation may be settled al-^^^°'* *• though the estate is not before the Court in an action. R.S.O, ^^^^^^ 1897, c. 129, s. 41, amended. before th«

' ' ' Court.

(3) The Judge of a Surrogate Court in passing the ac-judg«^ay counts of a trustee under a will or of a personal representa-gn^'tobe^**^ tive or guardian, may from time to time allow to him a fair^"ecutoror and reasonable allowance for his care, pains and trouble, and 0^™!,^^^^****' his time expended in or about the estate. R.S.O. 1897, cest^t* far 129, s. 43. '"*"'^""

(4) Where a barrister or solicitor is a trustee, guardian Allowance to

, ,,. -,1 -, -, barrister or

or personal representative and has rendered necessary pro- solicitor fessional services to the estate, regard may be had in making profe8si<mai the allowance to such circumstance, and the allowance shall *^'''^*^"- be increased by such amount as may be deemed fair and reasonable in respect of such services. 3 Edw. VII. c. 7, s. 27.

(5) Nothing in this section shall apply where the ^^^ow-^««^^ ance is fixed by the instrument creating the trust. R.S.O. fixed by the

1897, C. 129, 8. 44. Inrtrumeat.

MISCELLANEOXTS.

67. A trustee who is either a vendor or a purchaser mayTru"**^ .^py-

11. 1 1..^- . rv'nj or wllinK.

geJl or buy without excluding the application of section 2

of The Vendors and Purchasers Act. R.S.O. 1897, s. 129, o. 68. ''^

8. 6.

Indemrdty.

68. This Act, and every order purporting to be made mdenmity. under it, shall be a complete indemnity to all persons, for any imp. Act*, acts done pursuant thereto; and it shall not be necessary vict. c. for any person to inquire concerning the propriety of t^^ ^t'^'Yidi.. order, or whether the court by which it was made had juris-"- **• ■• *•• diction to make the same. R.S.O. 1897, c. 336, s. 19.

97

C08l9.

^^^ ^^^ ^ ^^' The High Court may order the costs of and inciden-

ordered to b« . ?• • i t •

paid out of tal to any application, order, direction, conveyance, assign- ment or transfer under this Act, or any part thereof, to be paid or raised out of the property in respect of which the same is made, or out of the income thereof, or to be borne and paid in such manner and by such persons as the Court may deem proper. R.S.O. 189Y, c. 336, s. 29. Amended.

Application of Act.

AppiicatiOTi T"©. Subject to section 71, unless otherwise expressed there-

of Act. -j^^ ^j^g provisions of this Act shall apply to all trusts when-

ever created, and to all trustees whenever appointed. (New.)

Additional 71. Xhc powcrs, riffhts and immunities conferred by this

powers riTOB. . ^ , ,. . ' ° , . ,, ,. *'

Act are m addition to those conferred by the instrument '■'>^"^ croating the trust, but shall have effect subject to the terms

thereof. R.S.O. 1897, c. 130, s. 4. Part.

72. ISTothing in this Act shall authorize a trustee to do anything which he is in express terms forbidden to do, or to omit to do anything which he is in express terms directed to do by the instrument creating the trust. R.S.O. 1897, e. 130, s. 4. Part. .

SXPXAL.

iteperf. 73. Chapters 129, 131, 132 and 336, sections 10 to 20

of chapter 337, sections 63 and 64 of chapter 59, and section 39 of chapter 51 of the Revised Statutes of Ontario, 1897, and chapter 15 of the Acts passed at the 2nd Session held in the 62nd year, and section 18 of chapter 17 of the Acts passed in the 63rd year of the reign of Her late Majesty Queen Victoria, and chapter 14 of the Acts passed in the 1st year and sections 26 and 27 of chapter 7 of the Acts passed in the 3rd year, and chapter 59 of the Acts passed in the 9th year of the reign of His late Majesty King Edward the tSeventh, are repealed.

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No. 98. 1911.

BILL

An Act respecting Provincial Aid to Drainage.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of \hv Province of Ontario, enacts as follows : —

1. This Act may be cited as The Provincial Aid to Drain- siioj-t title. age Act. 63 V., c. 8, s. 7. Amended.

2. In this Act " drainage work " shall mean and include interpreta- any drainage work to which Ttie Municipal Drainage Act^ge w?rk!"' applies. A^ew.

3. This Act shall apply to the consitruction, reconstruction A^ppiicsation and the improvement of — °^ ^'^^'

(a) That portion of the trunk channel constituting tlie

outlet of any drainage work ; • (&) Any work for the purpose of carrying a drainage

work through intervening high land to a natural

or other outlet ;

(c) Any work for the purpose of rendering more effec- tive a drainage work by embanking, pumping or other mechanical means. 63 V., c. 8, s. 1. Amended.

4. The Council of a municipality initiating a drainage council ot work, being or including work to Which this Act applies, miml'cfipaiity may, after adopting the engineer's report, apply to thef^^\f^^^^ Lieutenant-Governor in Council by petition verified by a statutory declaration of the engineer, and setting forth tlie j^ j,^^ reasons why the w'hole cost of the work should not be"VTi.. c. 90. assessed upon the lands which would be liable to assessment therefor under The Municipal Drainage Act, and that aid

should therefore be granted, accompanied by a verified copy

of the report, a statement of the cash value and tlie engineer's

assessment of the lands, and a field plan of the proposed

work. 63 v., c. 8, ss. 3 and 4. Amended. 98

Examina- tion and errant of aid on report thereon.

5. — (1) Where it appears that the drainage work is, or includes, a work to which this Act applies, the Lieutenant- Governor in Council may cause an examination thereof to be made by an engineer of the Public Works Department who shall report fully thereon and upon all matters alleged in the petition and upon his report the Lieutenant-Grovernor in Council may assume and pay out of the Consolidated Revenue Fund sucfh part or proportion of the cost of the undertaking as he may deem just and reasonable. 63 V., c. 8, s. 5. Amended.

(2) An order-in-council passed under this section shall not be acted upon until it has been approved by resolution of the Assembly. New.

RepeaL Q Chapter 8 of the Acts passed in the 63rd year of the

reign of Her late Majesty Queen Victoria is repealed.

98

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^o. 99. .. 1911.

BILL

An Act respecting Conditional Sales of Goods.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : —

1. This Act may be cited as Ths Conditional Sales Act. short title.

2. In this Act, uotu^^^ * " Groods " shall include wares and merchandise. •< Goods."

New.

3. — (1) Where possession of goods is delivered to a pur- Conditional chaser or a proposed purchaser or a hirer of them, in pur- G^oods° ac- suance of a contract Avhich provides that the ownership is to by"d^Hvery remain in the seller or lender for hire until payment of the a*Ljnst"^su" - purchase or consideration money or part of it, as asrainst a sequent pur-

" cii&SGrs or

subsequent purchaser or mortgagee claiming fi-om or under mortgagees rhe purchaser, proposed purchaser, or hirer without notice in good faith and for valuable consideration, such provision shall be invalid, and such purchaser or proposed purchaser or hirer shall be deemed ifhe owner of the goods, unless,

(a) The contract is evidenced by a writing signed by the contract the purchaser, proposed purchaser or hirer or his agent stating the terms and conditions of the sale or hiring and describing the goods sold or lent for hire; and,

(h) Within ten days after the execution of the contract and a copy a true copy of it is filed in the office of the Clerk of clerk of of the County or District Court of tlie county or District ""^ district in which the purchaser, proposed pur- ^o"*"^ chaser, or hirer resided at the time of the sale or hiring.

(2) Subsection 1 shall apply to the case of a hire receipt Hir« where the hirer is given an option to purchase. R.S.O., '"^'^^'p'* 99

1897, c. 149, ss. 1 and 2; 4 Edw. VII., c. 10, s. 37; 6 Edw. VII., c. 19, s. 3. Amended.

ered^for^tiie' (^) Where the delivery is made to a trader or other person purpose of for the purpose of resale by him in the course of business such provision shall alsio as against his creditors be invalid and he shall be deemed the owner of tht? goods unless the pro- visions of this Act have been complied with.

(4) Where such trader or other person resells the g^ods in the ordinary course of his business the property in and ownership of such goods shall pass to the purchaser notwith- standing that the provisions of this Act have been complied with. K.S.O., 1897, c. 148, s. 41. Amended.

Manufao- (5) It shall not be necessary to file ti copy of a contract

with name of respecting manufactured goods which at the time possession

them. is delivered have the name and address of the seller or lender

painted, printed, stamped ot engraved thereon or plainly

attached thereto. K.S.O., 1897, c. 149, s. 1.

furnfture'^ (6) Subsection 5 shall not apply to household furniture

other than pianos, organs or other musical instruments. RS.O., 1897, c. 149, s. 2.

Error In name or

(7) An error or inaccuracy in the name or address of the description, seller or lender which does not mislead shall not prevent the application of subsection 5. See R.S.O., 1897, c. 149, s. 4. Amended.

Sock"loid ^^) 'T'^i® section shall not apply to a contract for the sale

to railway by an incorporated company to a railwav company of rolling

stock if the contract or a copy of it is -filed in the office of the

Provincial Secretary within ten days from its execution. 3

Edw. VII., c. 13, s. 2.

tra^t to be*^" "^^ The Seller or lender shall deliver a copy of the contract chase/°or'"'^' **^ ^^^ purchaser or hirer within twenty days after the ex ecu- hirer, tion thereof, and if, after request, he neglects or refuses to do so, the Judge of the County or District Court of the county or district in which the purchaser or hirer resided when the contract was made may, on summary application, make an order for the delivery of such copy. R.S.O., 1897, c. 149, s. 5. Amended.

Index to be 5. The Clerk of the County or District Court shall make of County a Tccord of every contract of which a copy is filed in his Court. office under this Act in an Index Book to be kept for that

99

purpose, and he shall be entitled to a fee of ten cents for making the record and to a fee of five cents for every search in respect thereof. R.S.O., 1897, c. 149, s. 4, part.

6, An error of a clerical nature or in an immaterial or Effect of non-essential part of the copy of the contract which does not of contract mislead shall not invalidate the filing or destroy the effect of it. R.S.O., 1897, c. 149, s. 4, part.

7. — (1) The seller or lender shall within five days after particulars the receipt of a request in writing from any proposed pur- on ^goods chaser of any goods to which this Act applies, or from any l^ wri«en " other person interested, furnish particulars of the amount '■^quest. remaining due to him and the terms of payment of it and ii^L.^- r default he shall incur a penalty not exceeding $50, recover- able under The Ontario Summary Convictions Act. E,.S.O..c. 37. 1897, c. 149, s. 6 (1) ; 6 Edw. VII., c. 19, s. 24.

(2) If the request is by letter the person making the re- ^°j^j.gP^^'\,g quest shall give a name and post office address to which a B>ven. reply may be sent, and it shall be sufficient if the information is given by registered letter deposited in the Post Office within the prescribed time addressed to the person enquiring, at his proper post office address, or where the name and address is given by him by the name and at the post office address so given. R.S.O., 1897, c. 149, s. 7.

8. — (1) Where the seller or lender retakes possession of the ^kejf t^be goods for breach of condition he shall retain them for twenty fo^tays? ^°^ days, and the purchaser or hirer or his successor in interest may redeem the same within that period on payment of the amount then in arrear, together with interest and the actual costs and expenses of taking and keeping possession. R.S.O., 1897, c. 149, 8. 8, and 6 Edw. VIL, c. 19, s. 25.

(2) Where the purchase price of the goods exceeds $30 Notice of re- and the seller or lender intends to look to the purchaser or*^ "^* hirer for any deficiency on a resale of the goods they shall

not be resold until after notice in writing of the intended sale has been given to the purchaser or hirer or his successor in interest. R.S.O., 1897, c. 149, s. 9. Amended.

(3) The notice shall be served personally upon or left at senrice of the residence or last known place of abode in Ontario of the purchaser or hirer or his successor in interest at least five days

before the sale or may be sent by registered post at least seven days before the sale addressed to the purchaser or hirer or his successor in interest at his last known post office address.

99

Time for (4) The notice may be given during the twenty days men-

notice, tinned in subsection 1. R.S.O., 1897, c. 149, s. 8; 6 Edw.

VTL, c. 19, 8. 25.

tMsSon. °^ (^) Th^^ section shall apply notwithstanding any agree- nrient to the contrary. New.

Goods ^affixed 9, Where the goods have been affixed to realty they shall subject to remain subject to the rights of the seller or lender as fully seller or as they Were before being so affixed, but the owner of such realty or any purchaser or any mortgagee or other encum- brancer thereof shall have the right as against the seller or lender or other person claiming through or under him to retain the goods upon payment of the amount owing on them. 5 Edw. VII., c. 13, s. 14.

(Note. — As to agreements, provisoes, etc., pro- viding for place of trial of any action, see 6 Edw. VII., c. 19, s. 22.)

RepeaL 10. The following Acts and parts of Acts are repealed : —

Chapter 149 and Section 41 of Chapter 148 of the

Revised Statutes of Ontario, 1897. Section 2 of Chapter 13 of the Acts passed in the third year, and Section 14 of Chapter 13 of the Acts passed in the fifth year, and Sections 23, 24 and 25 of Chapter 19 of the Acts passed in the sixth year of the reign of His late Majesty King Edward VII.

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No. 99. . 1911.

BILL

An Act respecting Conditional Sales of Goods.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario,- enacts as follows: —

1. This Act may be cited as The Conditional Sales Act. short titi*.

2. In this Act, uony^"^* " Goods " shall include wares and merchandise. •• Goods." New.

3. — (1) Where possession of goods is delivered to a pur- conditional chaser or a proposed purchaser or a hirer of them, in pur- Goods ac- suance of a contract which provides that the ownership is to by"deUvery remain in the seller or lender for hire until payment of the aga'inst^^^b^ purchase or consideration money or part of it, as against a sequent pur- subsequent purchaser or mortgagee claiming from or under mortgagees the purchaser, proposed purchaser, or hirer without notice in good faith and for valuable consideration, such provision shall be invalid, and such purchaser or proposed purchaser or hirer shall be deemed tfhe owner of the goods, unless,

(a) The contract is evidenced by a writing signed l^J j^^jn °^rmn^- the purchaser, proposed purchaser or hirer or his agent stating the terms and conditions of the sale or hiring and describing the goods sold or lent for hire ; and,

(h) Within ten days after the execution of the contract and a copy a true copy of it is filed in the office of the Clerk of clerk of of the County or District Court of the county or District district in which the purchaser, proposed pur- ^°"'"*- chaser, or hirer resided at the time of the sale or hiring.

(2) Subsection 1 shall apply to the case of a hire receipt Hire where the hirer is given an option to purchase. R.S.O., '"^'^^'p^ 99

1897, c. 149, ss. 1 and 2 ; 4 Edw. VIL, c. 10, s. 37 ; 6 Edw. VII., c. 19, s. 3. Amended.

^red^for^the' (^) Where the delivery is made to a trader or other person purpose of for the purpose of resale by him in the course of business such provision shall also as against his creditors be invalid and he shall be deemed the owner of the goods unless the pro- visions of this Act have been complied vs^ith.

(4) Where such trader or other person resells the goods in the ordinary course of his business the property in and ownership of such goods shall pass to the purchaser notwith- standing that the provisions of this Act have been complied with. RS.O., 1897, c. 148, s. 41. Amended.

(5) jJ^^Clause "B" of subsection 1 shall not apply to a contract respecting manufactured goods, including i)iniM>s, organs or other musical instruments which at the time |)osscs- sion is dcTivered liave the name and ad<li'('«> <>f ihe seller or lender painted, ))riiile(l, stamped or eugrnv( d therein or plainly attached thereto, nor to a contract respeeting house- hold furniture other than pianos, organs or other musical instruments. ""^^

name or (^) ^^^^ error or inaccuracy in the name or address of the

description, seller or lender which does not mislead shall not prevent the

application of subsection 5. See E.S.O., 1897, c. 149, s. 4.

Amended.

Rolling stock sold to railway company.

Copy of con- tract to be given to pur- chaser or hirer.

(7) This section shall not apply to a contract for the sale by an incorporated company to a railway company of rolling stock if the contract or a copy of it is filed in the office of the Provincial Secretary within ten davs from its execution. 3 Edw. VII., c. 13, s. 2.

4. The seller or lender shall deliver a copy of the contract to the purchaser or hirer within twenty days after the execu- tion thereof, and if, after request, he neglects or refuses to do so, tte Judge of the County or District Court of the county or district in which the purchaser or hirer resided when the contract was made may, on summary application, make an order for the delivery of such copy. R.S.O., 1897, c. 149, s. 5. Amended.

or District Court.

index^to^be^ 5 'j'j^g Clerk of the County or District Court shall make of County ^ record of every contract of which a copy is filed in his office under this Act in an Index Eook to be kept for that purpose, and he shall be entitled to a fee of ten cents for making the record and to a fee of five cents for every search in respect thereof, B.S.O., 1897, c. 149, s. 4, part. 99

6. An error of a clerical nature or in an immaterial or Effect of non-essential part of the copy of the contract which does not or°contract^ mislead shall not invalidate the filing or destroy the effect ^^®^- of it. R.S.O., 189Y, c. 149, s. 4, part.

7. — (1) The seller or lender shall within five days after particulars the receipt of a request in writing from any proposed pur- "^ goods chaser of any goods to which this Act applies, or from any *° wriuen" other person interested, furnish particulars of the amount request remaining due to him and the terms of payment of it and in default he shall incur a penalty not exceeding $50, recover- able under The Ontario Sximmary Convictions Act. R.S.O., i^^*^^' ^^^'' 1897, c. 149, s. 6 (1) ; 6 Edw. VII., c. 19, s. 24.

(2) If the request is by letter the person making the re-Ho"w parti- quest shall give a name and post office address to which a given, reply may be sent, and it shall be sufficient if the information is given by registered letter deposited in the Post Office within the prescribed time addressed to the person enquiring, at his proper post office address, or where the name and address is given by him by the name and at the post office address so given. E.S.O., 1897, c. 149, s. 7. ,

8. — (1) Where the seller or lender retakes possession of the f°^^ ""^e goods for breach of condition he shall retain them for twenty ^^*^'"^*^ '°'" days, and the purchaser or hirer or his successor in interest may redeem the same within that period on payment of the amount then in arrear, together with interest and the actual costs and expenses of taking and keeping possession. R.S.O., 1897, c. 149, s. 8, and 6 Edw. VII., c. 19, s. 25.

(2) Where the purchase price of the goods exceeds $30 Notice of re- and the seller or lender intends to look to the purchaser or^®^''"*^* hirer for any deficiency on a resale of the goods they shall

not be resold until after notice in writing of the intended sale has been given to the purchaser or hirer or his successor in interest. RS.O., 1897, c. 149, s. 9. Amended.

(3) The notice shall be served personally upon or left at service of the residence or last known place of abode in Ontario of the purchaser or hirer or his successor in interest at least five days

before the sale or may be sent by registered post at least seven days before the sale addressed to the purchaser or hirer or his successor in interest at his last known post office address.

(4) The notice may be given during the twenty day« men- Time for tioued in subsection 1. R.S.O., 1897, c. 149, s. 8; 6 Edw. foVicf. VII., c. 19, 8. 26.

99

Application of this section.

(5) This section shall apply notwithstanding any agree- nient to the contrary. New.

to realty subject to rights of seller or lender.

Goods affixed 9. Where the goods have been affixed to realty they shall remain subject to the rights of the seller or lender as fully as they were before being so affixed, but the owner of such realty or any purchaser or any mortgagee or other encum- brancer thereof shall have the right as against the seller or lender or other person claiming through or under him to retain the goods upon payment of the amount owing on them. 5 Edw. VII., c. 13, s. 14.

(IToTE. — As to agreements, provisoes, etc., pro- viding for place of trial of any action, see 6 Ed)w. VII., c. 19, s. 22.)

Repeat 1^- The following Acts and parts of Acts are repealed : —

Chapter 149 and Section 41 of Chapter 148 of the

Revised Statutes of Ontario, 1897. Section 2 of Chapter 13 of the Acts passed in the third year, and Section 14 of Chapter 13 of the Acts passed in the fifth year, and Sections 23, 24 and 25 of Chapter 19 of the Acts passed in the sixth year of the reign of His late Majesty King Edward VII.

11^^ 11. This Act shall come into force on the 1st day of

July, 1911.^=^

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No. 100. 1911.

BILL

An Act to Amend The Consolidated Municipal Act, 1903, with respect to Local Improvements.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows :

(!N'oTE. — See Schedule at end of Bill showing how sections of present Act are covered hy Bill.)

1. This Act may be cited as The Local Improvemeni Short title. Sections of The Municipal Act. New.

Short title is new.

INTEEPEETATION.

2. In this Act:— Jfo^n^^'P''^*^-

(a) " Bridge " shall include a viaduct, a culvert, a sub- way and an embankment and shall also include a pavement on a bridge.

(h) " Clerk " shall mean and include the clerk of the municipality and any officer or person authorized or required by the council to perform any duty which under this Act is to be or may be per- formed by the clerk.

(c) " Oon£tructing " and "construction" shall include

reconstructing and reconstruction, wholly or in part, when the lifetime of the work has expired.

(d) " Corporation " shall include the corporation of a

municipality other than a police village and a board of police trustees of a police village.

(e) "Corporation's portion of the cost" shall mean

that part or proportion of the coat of a work 100

which is not to be specially assessed, hut is pay- able by the corporation.

(/) " Council " shall mean the council of the corpora- tion of a municipality other than a police village and the board of police trusitees of a police village as the case may be.

(g) " County " shall include "district."

(h) " Court of Envision " in the case of a police village shall mean the board of police trustees of the police village.

(i) " Curbing " shall include a curbing of any material in or along a street, whether constructed in con- nection with or apart from the laying down of a pavement or sidewalk.

(;) " Engineer " shall include an officer or person authorized or required by the council to perform any duty which under this Act is to be or may be performed by an engineer.

(h) " Frontage " when used in reference to a lot abut- ting directly on a work shall mean that side or limit of the lot which abuts directly on the work.

(I) " Judge of the County Court " shall mean and in- clude the judge and a junior judge of a county or district court.

(m) " Lifetime " as applied or applicable to a work shall mean the lifetime of the work as estimated by the engineer, or in case of an appeal as fin- ally determined by the Court of Revision or the judge (as the case may be).

(n) " Lot " shall mean a subdivision or a parcel of land which by The Assessment Act is required to be separately assessed, and " lots " shall mean more than one lot as so defined.

(o) "Municipality" shall include a union of town- ships, a municipality composed of more than one township, a township, a city, a town, a village, and a police village, but not a county. New, lOQ

(p) " Owner " and " owners," shall mean respectively the person or persons appearing by the last revised assessment roll of the municipality to be the owner or owners of land, and, except in the case of a township, shall include a tenant for years, the unexpired term of whose tenancy in- cluding any renewal thereof to which he is en- titled extends for not less than the period during which the special assessment for the work is to be made, if by the terms of his tenancy he would be liable for the payment of the special assess- ment for the work, but shall not include a per- son who is, or is assessed as, owner, where there is a tenant for years of the land, who is an owner within the meaning of this clause. 3 Edw. VIL, c. 19, s. 668 (2-3). Amended.

(q) " Owners' portion of the cost " shall mean that part or proportion of the cost of a work which is to be specially assessed upon the land abut- ting directly on the work or upon land immedi- ately benefited by the work.

(r) " Pavement " shall include any description of pavement or roadway.

(s) " Paying " shall include macadamizing, planking, curbing, and the laying down or construction of any description of pavement or roadway.

(t) "Publication" and "published" shall mean in- sertion in a newspaper published in the munici- pality, if there is a newspaper published therein, or if there is none, then in a newspaper pub- lished in the county in which the municipality is situate.

(u) " Sewer " shall include a common sewer and a drain.

(■y) " Sidewalk " shall include a footway and a street crossing.

(iv) "Specially assessed" sihall mean specially rated for or charged with part of the cost of a work.

(x) " Street " shall include a lane, an alley, a park,

a square, a public drive and a public place or a

part of any of them. 100 ^

(y) " Value " shall mean assessed value, according to the last revised assessment roll of the munici- pality.

(z) " Work " shall mean a work or service whi(ih may he undertaken as a local improvement.

(oa) " Work undertaken " shall mean a work which is undertaken as a local improvement. New.

Interpretation is new in -form except the definition of " owner," which is contained in section 668 (2-3) of present Act.

Works

WOEKS WHICH MAY BE UNDEETAKEN AS LOCAL, IMPEOVEMENTS

which may ^- — (^) ^ work of any of the characters or descriptions be effected hereinafter mentioned may he undertaken hy the council of

as local Im- . i i • . ^i . • .

provements. a corporation as a local improvement, tnat is to say:

(a) Opening, widening, extending, altering the grade of, diverting or improving a street;

(h) Opening or establishing a new street; '^

(c) Constructing a bridge as part of a street;

{d) Constructing, enlarging or extending a sewer;

(e) Paving a street;

(/) Constructing a sidewalk in, upon or along a street;

(g) Constructing or maintaining a boulevard where a part of a street has been set apart for the pur- poses of a boulevard;

(h) Sodding any part of and planting, maintaining and caring for trees, shrubs and plants upon and in a street;

(i) The extension of a system of water, gas, light, heat or power works owned by the corporation, in- including all such works as may be necessary for supplying water, gas, light, heat or power to the owners of land, for whose benefit such extension is provided.

100

(j) Acquiring, establislimg, laying out and improving a park or square not having a greater area than two acres, or a public drive. 3 Edw. VII. c. 19, 8. .664, pars. 1-3. Amended.

(2) !N^otliing in this section shall extend or apply to a work of ordinary repair or maintenance. 3 Edw. VII., c 19, s. 666 (1). Part

(1) Covers the same ground as s. 664, pars. 1-3. S. 664, par. 3, in effect gives power to construct a system of water, gas, light, heat and power worJcs as local improvements. It is thought that these ivories should more properly he con- structed out of general funds, and that the power to construct as local improvements should he limited to extensions, as was the case prior to the consolidation of 1903. The paragraph has therefore been amended so as to apply to extensions only. See also s. 569 as to power to construct extensions.

(2) Verhal changes only.

4. — (1) Where the work is the construction of a pavement, What works the Council, before constructing it, may make all necessary undertaken private drain connections from an existing sewer to the street tion with' a line on either or both sides, and may also lay all necessary pl^l^g^^j water mains and make such alterations or renewals of water service pipes and stopcocks as are necessitated by the work, and where the work is the construction of a sewer the Council may make all necessary private drain connections to the street line on either or both sides, but the cost of the private drain connection, alteration or renewal of a water service pipe or stopcock shall be specially assessed only upon the par- ticular lot for or in connection with which it was constructed or effected. 3 Edw. VII., c. 19, s. 6Y3 (1), (3). Amended.

(2) The works mentioned in subsection 1 shall be deemed part of the work of construction of the pavement or sewer in all respects except as to the manner in which the cost of them is to be specially assessed as provided by that subsection. New.

Is a comhination of s. 673 (1 and 3). Under s. 673 (i) the cost of hranch drains may he included in the cost of the con- struction of the sewer or may he assessed against the lands henefited thereby by a special rate instead of a frontage rate. Under s. 673 (3) the cost of the water mains or private drain connections is to be a part of the cost of the pavement.

If the cost of the private drain connections is to be assessed as part of the cost of the pavement an injustice would be done to the person who already has a drain connection, as his land lOO

6

rvould be aaaefised for a part of the cost of drain connections for the land of other persons.

It is thought advisable in both cases to specially assess the cost of drain connections separately against the particular lots having such connections, but in all other respects to treat them as pari of the worlc.

of pHvate°" ^- Where a sewer has 'been or may hereafter be con- mK^tions"" structed the Council, by a vote of two^hirds of the members without present at any general or special meeting, may undertake the construction of private drain connections from the sewer to the street line on either or both sides as a local improve- m.ent without any petition therefor and the cost of each private drain connection shall be specially assessed upon the particular lot for or in connection with which it is con- structed, and the owners of the land shall not have the right of petition provided for by section 13. 6 Edw. VII., c. 34, s. 37. Amended.

Is s. 673 {2a) (enacted by 6 Edw. VIL, c. 34, s. 37) amended. The old section only gives this power in the case of a sewer constructed out of the general funds. It is thought that if such a power is proper in any case it should be made general in its application.

Purchase by 6. In a towuship where the owners of land have con- works structed a work which might have been undertaken as a local constructed, improvement the Council, upon the petition of three-fourths in number of the owners of the land to be immediately bene- fited by the acquisition of the work, representing at least two- thirds value of such land, may acquire the work at a price agreed upon or to be determined by arbitration under the provisions of The Consolidated Municipal Act, 1903, and the purchase money may be provided by the Council and may be assessed in like manner as if the work were a work which the Council were undertaking as a local improvement, and all the provisions of this Act shall apply as if the Council were undertaking the work so acquired as a local improve- ment. 3 Edw. VII., c. 19, s. 674 (4). Amended.

Is the first part of s. 674 (4) with verbal changes. Clause a of (4)> providing for ascertaining whether the petition is sufficiently signed, is struck out, being covered by the general provisions of the new Bill.

Approval of 7. — (1) Where the work is the opening, widening, or

Municipaf"*^ extension of a street or the construction of a bridge, and the

?n ■ the^ca^e °°^^ ^^ *^® work as estimated by the engineer will exceed

of certain $30,000, any person whose land is to be specially assessed

may, within ten days after notice to him of the intention of

the Council to undertake the work, give notice that he objects

100

to the work being undertaken upon the ground that it is a work for the general benefit of the municipality or of a sec- tion or district thereof, and if such notice is given the work shall not be undertaken without the approval of The Ontario Railway and Municipal Board.

(2) If the Board, after notice to the corporation and to^PP^°^*^ all persons interested and after hearing such of them as shall withheld, request to be heard, determines that for the reasons mentioned

in subsection 1, or either of them, it is* proper to do so the Board may withhold its approval.

(3) If the Board determines that the cost of the work Apportion- should be borne by the corporation or by the owners of the ^It of land situate within a section or district of the municipality, "^°^^- the Board may make an order so declaring, and in that event

the Council may, notwithstanding the provisions of this Act or of any by-law passed under the authority of this Act, undertake and proceed with the work at the cost of the cor- poration or of the section or district thereof mentioned in the order (as the case may be).

(4) The Board, instead of making an order under subsec- tion 3, may direct that if the work is undertaken such part of the cost of it as the Board may deem just shall be charged upon the lots abutting directly upon the work, in accordance with the provisions of this Act and that the residue of it shall be borne by the corporation or partly by the corporation and partly by a section or district of the municipality in such proportions as the Board may direct, and if the Council undertakes the work it shall conform with the directions of the order so made. New.

Providing for an amplication to The Railway and Munici- pal Board where the cost of opening, widening or extending a street or constructing a bridge exceeds $30,000, is new. Such a provision is thought advisable in the case of large worTcs and also because of the extension of the power of the council to undertahe such works as local improvements in spite of a petition against the ivorlc.

PROCEDURE FOR UNDERTAKING WORK.

8. A by-law may be passed for undertaking and eifecting ^®u^n<fer-

a work taking

works.

(a) On petition, or

(&) Without petition, on the initiaitive of the Council, hereinafter called the initiative plan, except in the case of a park or square or public drive men- tioned in clause (;") of section 3, or

100

(c) On sanitary grounds, as mentioned in section 10, or

(d) Without petition in the cases mentioned in sections

5 and 9. New.

Is a summary of the different methods of undertwhing a work and is new as to. form.

Construction of certain works on two-thirds vote of council without petition.

Construc- tion of sewer on recommen- dation of Board of Health.

9. — (1) Notwithstanding anything to the contrary con- a tained in this or any other Act or in any by-law of the munici- pality, where the Council determines and by by-law, passed at a regular or special meeting by a vote of two- thirds of the members present, declares that it is desirable that the construc- tion of a curbing, pavement, sidewalk or bridge, or the open- ing, widening or extension of a street, should be undertaken as a local improvement, the Council may undertake the work without petition, and the owners of the land shall not have the right of petition provided for by section 13. 3 Edw. YII., c. 19, s. 677. Amended.

(2) Subsection (1) shall not apply to a township.

Covers the worJcs mentioned in ss. 675h and 677 and also has been extended to include a bridge. 8. 675b, 'providing for the opening, widening or extension of a street on the report of the engineer, and in spite of a petition against the work, is confined to a city which has adopted the local im- provement system, and in such a case the Corporation must assume at least 25' per cent, of the cost. S. 677 when first enacted only applied to sidewalks of certain kinds, but has been so extended from time to time that it now applies to any kind of sidewalk, pavement or curb. It is proposed to in- clude a bridge, as it is thought that the ratepayers should not have the right to petition against the construction of a bridge if two-thirds of the members of the Council consider that the construction of it is necessary. It is open to ques- tion whether the exception as to townships is advisable.

10. Where the Council, upon the recommendation of the Provincial Board of Health or of the Local Board of Health of the municipality, determines and by by-law passed at a regular or special meeting of the Council by a vote of two- thirds of all the members thereof, declares that the construc- tion, enlargement or extension of a sewer as a local improve- ment is necessary or desirable in the public interest on sani- tary grounds, the Council may undertake and proceed with the work without petition and without giving any notice except the notice required by section 31, and the owners of the land shall not have the right of petition provided for by section 13. 3 Edw. VII., c. 19, s. 668. Par. 4 amended.

Is s. 668, par. Jf, with verbal changes only. 100

9

11. Where it is intended to proceed nnder sections 5, 9 o'^ ^f^ltice^ot 10 the Council shall not be deemed to proceed on the initi- intention, ative plan, but, before passing the by-law for undertaking

the work, shall cause notice of its intention (Form 1) to be published.

Is new. The notice must he published, hut service of it is not required.

12. The petition for a work shall be signed by at least Number of two-thirds in number of the owners representing at least one- tcf petluon half the value of the lots liable to be specially assessed. i'®*i"i''®*^-

3 Edw. VIL, c. 19, s. 668 (1). First part amended.

Verbal changes only.

13, — (1) Where the Council proceeds on the initiative initiative plan, notice of the intention of the Council to undertake the pubuTation work (Form 2) shall be given by publication of the notice and of ^nou'ce'^of by service of it upon the owners of the lots liable to be speci- ["n^cftr'uct '° ally assessed ; and unless within one month after the publica- work. tion and service of the notice a majority of the owners repre- senting at least one-half the value of the lots which are liable to be specially assessed petition the Council not to proceed with it, the work may be undertaken and effected as a local improvement. 3 Edw. VIL, e. 19, s. 669 (1). Part amended.

(2) The notice shall be sufficient if it designates by a^on^tents general description the work to be undertaken and the street

or place whereon or wherein," and the points between which the work is to be effected, and the number of the instalments by which the special assessment is to be payable. 3 Edw. VIL, c. 19, s. 669 (1&). Amended.

(3) The notice mav relate to and include any number May cover of different works. 3 Edw. VIL, c. 19, s. 669 (1). Par/ works amended.

(4) The notice may be served upon the owner ^?vice^ °'

(a) Personally, or

(&) By leaving it at his place of business or of resi- dence if within the municipality, or

1

(c) By mailing it at a post office within the municipality registered and addressed to the owner at hip actual place of business or of residence, if known, or at his place of business or residence as set forth in the last revised assessment roll of the municipality, or

2-100

10

(d) If the place of business and of residence of the owner are not known, by leaving the notice with a grown-up person on the lot of the owner which is liable to be specially assessed, if there is a grown-up person residing thereon. 3 Edw. VII., c. 19, s. 669 (la). First part amended.

Where residence, etc., un- known.

(5) If the place of business and of residence of the owner are unknown, and there is no grown-up person residing on the lot of the owner which is liable to be specially assessed, service upon the owner shall not be requisite. New.

Where (6) If the place of business or of residence of the owner

etc., Is not do not appear upon the assessment roll, the owner may be ment^«)n. treated and dealt with as an owner whose place of business and of residence are unknown. New.

Proof of pubUcatlon and service.

(7) Publication and service of the notice may be proved by affidavit or statutory declaration and the affidavit or statu tory declaration, before the passing of the by-law by which the special assessment is made to defray the cost of the work, shall be prima facie evidence, and after the passing of the by- law shall be conclusive evidence of the matters set forth in the affidavit or statutory declaration. 3 Edw. VII., c. 19, s. 669 (la). Last part amended.

{l-Jf) Yerhal changes only.

(5-6) Providing that service of the notice shall not he necessary in certain cases, are new. (7) Verbal changes only.

Effect of petition Against work.

Proviso.

14. — (1) Where the Council has proceeded on the initia- tive plan and has been prevented from undertaking a work by reason of a petition having been presented under the provis- ions of section 13, the Council shall not proceed on the initia- tive plan with regard to the same work for the period of two years after the presentation of the petition : Provided always that in a municipality in which a by-law passed under the pro- visions of section 50 is in force the prohibition contained in this section shall not prevent the Council from again pro- ceeding on the initiative plan with regard to such work if it is of a different kind or description from or less expensive than that originally proposed to be undertaken. 3 Edw. VII., c. 19, s. 669 (2). Amended.

(2) ^Nothing in this section shall prevent the Council from exercising the power conferred by section 9. New.

Verbal changes only. 100

11

15. — (1) The sufficiency of a petition for or against a work cierk to shall be determined by the clerk, and his determination shall .sufficiency" be evidenced by his certificate and when so evidenced shall be ° ^^ ^ '°"' final and conclusive. New, see 3 Edw. VII., c. 19, s. 668 (1).

(2) For the purpose of determining the sufficiency of a"^*^'^*^ ^^ petition for or against a work only the land which, according be counted to the report and special assessment roll of the engineer, is

to be specially assessed and the owners of it shall be taken into account. New,

(3) When it is necessary to determine the value of any oetermin- lot and the same cannot be ascertained from the proper assess- of lots, ment roll by reason of the lot not having been separately assessed, or for any other reason, the clerk shall fix and deter- mine the value of such lot and the value thereof as so fixed

and determined shall be deemed for the purposes of this Act to be the assessed value thereof, and his determination shall be final and conclusive. New. See 3 Edw. VII., c. 19, s. 669 (3).

(4) Where a person who is, but does not appear by the^^^|''j^j^^p last revised assessment roll of the municipality to be, the is not on owner of land is a petitioner, he shall be deemed an owner petition.

if he proves his ownership to the satisfaction of the clerk, and if the person who appears by the assessment roll to be the owner is a petitioner his name shall be disregarded in determining the sufficiency of the petition. 3 Edw. VII., c. 19, s. 669 (5). Amended.

(5) Where two or more persons are jointly assessed for case of a lot, in determining the sufficiency of a petition owners.

(a) They shall be reckoned as one owner only;

(&) They shall not be entitled to petition unless a major- ity of them concur and the signatures of any of them, unless the petition is signed by the major- ity, shall be disregarded in determining the sufficiency of the petition. New.

(6) The clerk, for the purpose of any inquiry pending before him under the provisions of this section, may cause witnesses to be summoned and to be examined upon oath, and any person interested in the inquiry may, for the purpose of procuring the attendance of a witness, cause a subpoena to be issued out of the County Court of the county in which the municipality lies. New.

(7) A witness, if a resident of the municipality, shall bewuness bound to attend without payment of any fees or conduct

100

12

money, and if not a resident of the municipality shall be entitled to fees and conduct money according to the County Court scale. New.

(1) Practically new. S. 608 (i) now; provides that the number of the owners and the value of the propeiiy shall he ascertained in the manner provided hy by-law in that behalf. It is thought that the clerk should be the person in all cases to determine the sufficiency of a petition. The assessment commissioner or treasurer or any other officer or person may perform the duties of the cleric. See Interpretation of '■' Olerh" s. 2 (b).

(2) Is new. It is proposed by the Bill to hold the Court of Revision in all cases after the work has been constructed, so that if it is found that lands have been omitted which should be specially assessed, the names of the owners of such lands could not be taken into consideration because the clerk has already determined as to the sufficiency of the petition.

(3) Is new. It is thought also that the clerk is the proper person to determine the value of the lot in such a case.

{Ji) Verbal changes only.

(5) Is new. There is no provision in the present Act deal- ing with the case of a joint ownership of land in determining the sufficiency of the petition.

(6) It is necessary that the clerk should have this power to enable him to determine the sufficiency of a petition, and it is thought reasonable that provision should also be made for the payment of witness fees in the case of non-residents.

be^iod*" d ^° ^^' ^ petition for or against the undertaking of a work with clerk, shall be lodged with the clerk and shall be deemed to be pre- sented to the Council when it is so lodged. New.

Has been introduced in order to remove any doubt as to the filing and presentatian of a petition.

of^^name^^^ 17. ']<^o person shall have the right to withdraw his name from peti- from, and no name shall be added to, a petition after the clerk has certified as to its sufficiency. Provided always that any person who alleges that his signature to a petition was ob- tained by fraud, misrepresentation or duress, shall have the right to require the clerk in prosecuting the inquiry to investi- gate the matter alleged by such person, and if it appears that his signature was obtained by fraud, misrepresentation or duress his name shall be struck off the petition. Nev;. See ss. 668 (1), 669 (3).

Is new. The last part of s. 668 (i) and s. 669 (3) pro- vide that after being affixed to the petition for or against a work no name shall he removed without the consent of the Judge of the County Court. It is thought that no harm can 100

Proviso.

13

be done in allowing a person to ivithdraw his name before the petition has been certified to by the clerl\ biit that no name shall be ivithdraivn after the clerk has certified as to its suffi- ciency except in the case of fraud or misrepresentation.

HOW COST OF WORK TO BE BORNE.

18. — (1) Except as in this Act is otherwise expressly J^'"^°'^tage provided, the entire cost of a work shall be specially assessed upon the lots abutting directly on the work, according to the extent of their respective frontages thereon, by an equal special rate per foot of such frontage sufficient to defray such cost. 3 Edw. VIT., c. 19, s. 665 (1). Amended.

(2) The following may be included in the cost of the^ji^ay^r^'*"^

work '. Included In

cost.

(a) Engineering expenses.

(b) Cost of advertising and service of notices.

(c) Interest on temporary loans.

(d) Compensation for lands taken for the purposes of

the work or injuriously aifected by it.

(e) The estimated cost of the issue and sale of deben-

tures and any discount allowed to the purchasers of them. New.

(7) The changes are merely verbal. There are special provisions in the Act as it stands allowing the council to assess the cost according to the benefit received instead of by a frontage rate. (See the proviso to s. 665 (3) which relates to the case of a township situate within five miles of a city containing over 50,000 inhabitants. Also s. 67Jf. (S) giving snch a power to a township in the case of certain irorJcs.) These special provisions have been omitted, as the frontage rale prevails in all cases, althoiigh in the case of nan-ahutting land it may be divided into districts according to the propor- tion of benefit, but the frontage rate is then applied. See ss. 27 and 28 for method of assessment.

(2) Whal is meant by the cost of the uwrh is not defined in the present Act and doubts have arisen as to what items should be properly included. It is proposed to 7nake the cost of the work a matter of appeal to Iho Court of Revision and the County Judge and for that purpose it is thought advis- able to remove all doubts as to ivhethrr certain items might

be included in the cost of the work. 100

14

Guarantee

of work.

19. Where a eontractor is employed to construct a pave- ment or sidewalk, and the council has required him to guar- antee that he will so construct it that it shall, for a period not exceeding ten years, remain in good condition and suitable for safe and comfortable travel, and that he will, when required, make good any imperfections therein due to materials, work- manship or construction, in ascertaining the cost of the work no deduction shall be made from the sum paid to the con- tractor by reason of such guarantee having been required. 9 Edw. VTT., c. 73, s. 35. Amended.

Is a redraft of s. 67 Oa, added hy 9 Edw. VII., c. 73, s. 35, and has heen amended to make it clear that no deduction should he made from the contract price hy reason of such guarantee, as iras prohahly the intention of s. 67 9 a.

Corporation portion of

cost. of the cost

20. There shall be included In the corporation's portion

Apportion- ment of cost of sewers.

(a) At least one-third of the cost of a sewer having a sec- tional area of more than four feet ; and

(h) The entire cost of all culverts and other works in con- nection with a sewer or pavement which are provided and are required for surface drainage ; and

(c) So much of the cost of a work as is incurred at and for street intersections. 3 Edw. VTL, c, 19, s. 664a and s. 679 (1). Amended.

Is a redraft of s. 66Jfi\, omitting the part throwing the cost of the worh opposite exempt property on the corporation. It is proposed hy the Bill to specially assess exempt property in the same way as other lands hut make the corporation pay the special assessment so long as the property remains exempt. (Sees.Jf7).

21. — (1) Where the work is the construction of a sewer the Council may, by a vote of three-fourths of all the members, provide that a certain sum per foot frontage shall be specially assessed upon the land abutting directly on the work and that the remainder of the cost of sucb sewer shall be borne by tbe corporation. 7 Edw. VII., c. 40, s. 32. Amended.

(2) The part of the cost to be borne by the corporation shall not be less than that which, under section 20, is to be included in the corporation's portion of the cost. Neiv.

(1) Is s. 673 (2h) redrafted. Suhs. (2) is necessary he- cau^e of the requirements of s. 20.

The limitation of the old section to a seiuer not having a section area of more than four feet results in the anomaly that while under s. 664a the Council must assume one-third 100

15

of the cost of a sewer having a sectiotial area of more than four feet, it cannot assume a larger proportion, while under s. 673 (2h) in the case of a smaller sewer it may assume any proportion. It is therefore proposed to make the neiu sec- tion apply to any sewer.

22. The Council of the corporation of a municipality in ccn-poration which there is not in force a by-law passed under the pro- assume

c ,• ►.r^ T 1 1 ,1 1 TIT part of cost

visions 01 section 50 applicable to the work, may by by-law of sidewalk passed at a regular meeting by a vote of three-fourths of all men^^^' the members of the Council, provide that such part as to the Council may seem proper of the cost of a granolithic, stone, cement, asphalt or brick sidewalk, or of paving a street, as a local improvement which otherwise would be chargeable upon the land abutting directly on the work, shall be paid by the corporation. 3 Edw. VII., c. 19, s. 678. Amended.

S. 678 as originally enacted gave the council the power to. assume Jf.0 per cent, of the cost of certain works which would otherwise fall on the land to he specially assessed, in addition to the cost at street intersections and opposite exempt pro- perty. Amendments have heen made from time to time extending the operation of this section. By 62 V. (2), c. 26, s. JfS, a subs. (2si) luas added which gave the council the power to assume such larger or smaller prOpoHion than JfO per cent, as it might thinh proper. The result of this amend- ment is to do away with the Jf^O per cent, provided for in the section as originally enacted, and the new section covers all the ground of the old section.

23. — (1) In the case of corner lots and triana'ular or Reduction irregularly shaped lots situate at the junction or intersec- ment of tion of streets a reduction shall be made in the special assess- etc"^^ ° ^' ment w'hich otherwise would be chargeable thereon, suffici- ent, having regard to the situation, value and superficial area of such lots as compared with the other lots, to adjust the assessment on a fair and equitable basis. 3 Edw. VII. c. 19, 8. 673 (4). Amended.

(2) Where a lot is for any reason, wholly or in part, unfit y^flt^for for building purposes, a reduction shall also be made in the^|jy^^^|g special assessment which otherwise would bo chargeable thereon, sufficient to adjust its assessment as compared with

that of the lots fit for building purposes, on a fair and equit- able basis. 3 Edw. VII. c. 19, s. 673 (6). Amended.

(3) The reduction shall be made by deducting from the J;^°^^^j^^ total frontage of the lot liable to the special assessment so to be made, much thereof as is sufficient to make the proper reduction,

but the whole of the lot shall be charged with the special assessment as so reduced. New. 100

16

to^be^borne ("*) "^^^ amount of any reduction made in the assessment by cor- of any lot under the provisions of this section shall not he

charfj^eable upon the lots liable to be specially assessed, but

shall be paid by the corporation. New,

(1) Is a redraft of the first part of s. 673 (Jf-).

(2) It has been contended that s. 673 (6) only allows a reduction to he made adhere all the lojid on one side of a street is unfit for building purposes. It is thought that a reduction should he made in the case of any land which is ivholhf or in part unfit for building purposes as provided in the new subsection.

(3) The present Act does not provide how the reduction is to he made, it being left to the council to determine ivhat proportion of the cost should be assessed on the lands ivhich are unfit for building purposes on one side of a street.

(Jf.) The present Act provides as to corner and irregu- larly shaped lots that the amount of any allowance may he charged on the land fronting on the tvorh or may be assumed by the corporation. It is thought that in all cases any reduc- tion should he borne by the corporation, which Is the general practice. "*

Assessment 24. Where the work undertaken is a sidewalk or curbinsj of sidewalk Only the land abutting on that side of the street upon which

the work is constructed shall be specially assessed. New.

See 8 Edw. VII., c. 48, s. 26.

or curb.

Assessment of non- abutting land for cost of certain sewers.

S. 678sL icas added by 8 Edw. VII., c. ^8, s. 26, which provides that the council and the owners of the land on both sides of a street may agree that the cost of a sidewalk he assessed on the land almtting on both sides of the street and that a sidewalh be not constructed on the other side for a period named in the agreement.

Provision is also made for the readjustment of the assess- ment in case a sidewall- is nftcrirardfi ronsirvrfed on the other side of the street.

It has been found difficidt to worl- out the provisions of the section, and it has been dropped. It has been argued that under the present Act the cost of a sidewalh inay be assessed on the land on both sides of the street and in order to remove any doubt it is proposed to enact s. 2'i.

25. — fl) Where the work is a sewer and in order to afford an outlet for the sewage for any land not abutting directly on the work or for the drainage of it the sewer is of a larger capacity than is required for the purpose of the abutting land, such other land may be specially assessed for a fair and just proportion of the cost of the work. 3 Edw. VTT., c. 19, s. 673 (2V Amended. 100

17

(2) In the cases provided for bj subsection 1, that part ^®^^°^ °j^. of the cost of the work for which the abutting land is to be specially assessed shall be assessed upon it in the manner provided bv section 18, and that part of the cost for which such other land is to be specially assessed shall be assessed upon it in the manner provided by sections 27 and 28. New.

(1) Verbal changes only.

(2) Is new. The frontage rate prevails in all cases. As to land not abutting on the worh it is divided into as many districts as there are proportions of benefit, but the propor- tion of benefit is collected by means of a frontage rate.

26. — (1) Where the work is the construction of a bridge Apportion- or the opening, widening or extension of a street, and the cost of a Council is of opinion that for any reason it would be in-open^ng/etc! equitable to charge the cost of the work on the land abutting °* ^ street, directly thereon, the Council may provide for the payment by the corporation of such part of the cost, as to the Council may seem just, and so much of the residue thereof as may seem just may be specially assessed upon the land abutting directly on the work and so much of such residue as may seem just on such other land as is immediately benefited by the work. 8 Edw. VTL, c. 19, ss. 674 (1-2), 675, 675&. Amended.

(2) In the cases provided for by subsection 1, that part ^1^^°^^°^^. of the cost of the work for which the abutting land is to be specially assessed shall be assessed thereon in the manner pro- vided by section 18, and that part of the cost for which land not abutting directly on the work is to be specially assessed shall be assessed thereon in the manner provided by sections 27 and 28. Neiu.

(1) Covers the ground of ss. 67J^ (1-2), 675 and 675h. 8. 67 -'f {1-2) cover the construction of repair of bridges or culverts and the opening or extension of a street; the council to determine the proportion of the cost to be assumed by the corporation. It is not thought that the repair of a bridge should be effected as a local improvement , as it is the duty of the corporation at large to maintain and repair during the lifetime of a worh.

S. 675 covers the construction of a bridge, culvert or em- banhmsni. If the council by a 2-3 vote determine that the work benefits the municipality at large they may provide that the corporation shall assume as its propo7-tion, such part of the cost, not more than 50 per cent, as is deemed proper. This section covers the same ground as s. 67 Jf. {1-2). The only change made in combining these two sections is to stiike out the limitation as to the proportion of the cost, which may be assumed by thr corporation under s, 675. Under s. 67 Jf. {1-2) it is not limited. 3-100

18

Assessment of non- abutting land equally benefited.

27. Where land not abutting directly upon a work is to be specially assessed, if the whole of it is equally benefited the portion of the cost to be borne by such land shall be specially assessed upon the lots according to the extent of their frontage by an equal special rate per foot of such front- age. New.

Assessment of non- abutting land

unequally benefited.

28. Where land not abutting directly upon a work is to be specially assessed and the whole of it is not equally bene- fited, such land shall be divided into as many districts or sections as there are diiferent proportions of benefit and so that a district or section shall embrace all the land which will be benefited in the same proportion, and its proper portion of the cost shall be assigned to each district or section and the portion of the cost to be borne by each district or section shall be specially assessed on the lots therein according to the extent of their frontage by an equal special rate per foot of such frontage. New.

8. 27 and 28 are new. (See notes to ss. 18 and 25.)

PROCEDURE FOR MAKING SPECIAL ASSESSMENT.

Procedure. 29. — (1) Where the owners' portion of the cost is to be specially assessed upon the lots abutting directly on the work by an equal special rate per foot frontage, before passing the by-law for undertaking it, the Council shall procure to be made :

(a) A report as to the lifetime of tlie work;

(6) A report as to the reductions (if any) which ought to be made under the provisions of section 23 in respect of any lot and the aggregate amount of such reductions;

(c) An estimate of the cost of the work;

{d) A statement of the share or proportion of the cost * which should be borne by the land abutting

directly on the work and by the corporation re- spectively ;

(e) A report as to the number of instalments by which the special assessment should be made payable; and

(/) A special assessment roll in which shall be entered 100

19

(i) Every lot to be specially assessed in respect of the owners' portion of the cost, the name of the owner and the number of feet of its frontage to be so assessed ;

(ii) Every lot which, but for the provisions of sec- tion 47, would be exempt from the special assessment and the number of feet of its frontage ;

- (iii) The rate per foot with which each lot is to be so assessed ;

(iv) The number of instalments by which the special assessment is to be payable.

(2) Where part of the owners' portion of the cost is to be specially assessed on land not abutting directly on the work, before passing the by-law for undertaking the work, in addi- tion to procuring the reports, estimate and special assess- ment roll mentioned in subsection 1, the Council shall procure to be made a further report stating:

(a) Whether it would be inequitable to charge the whole of the owners' portion of the cost on the land abutting directly on the work;

(h) If inequitable to do so, what portion of the cost should be borne by the corporation, what portion thereof should be specially assessed upon the land abutting directly on the work, and what land not abutting directly on the work will be immediately benefited and should be specially assessed for any part of the cost and the portion of the cost which should be specially assessed upon it. Neiu. See 3 Edw. VIL, c. 19, s. 664, par. 5.

S. 29 is new in form hut covers in part the ground of s. 671 (2-Jf.). In most cases the information provided for by this section would he reqidred hy a general hy-laiv passed under s. 667 or 682, hut it is thought advisahle that there should he such a general provision setting out the information to he obtained.

30. The Council may provide for the making of the ^o^ ^

. 1 .1 n reports,

reports, statements, estimates and special assessment roll men- statements, tioiied in section 29 in such manner and by such officer of made, the corporation or person as the Council may deem proper, and may do so by a general by-law applicable to all works or lOO

^0

to any class or classes of them or hj a by-law applicable to the particular work. Neiu. See 3 Edw. VII., c. 19, s. G67.

S. 80 is new in form hut is substantially the same as s, 667.

court"of °' ^'^' — ^^^ Before a special assessment is imposed a sittings Revision. of the Court of Revision, for the hearing of complaints against the proposed special assessment, shall be held.

Time and place of.

(2) Ten days' notice of the time and place of the sittings shall be given by publication, and at least fifteen days before the day (appointed for the sittings a notice (Form 3) shall be mailed to the owner of every lot which is to be specially assessed. 3 Edw. VII., c. 19, s. 671 (1) last part and (2-3). Amended.

The changes made are only verbal.

Special 32. The special assessment roll shall be kept open for

roll to be inspection at the office of the clerk for at least ten days next for te'rf days, before the day appointed for the sittings of the Court of Revision. 3 Edw. VII., c. 19, s. 671 (4). Amended.

S. 32 goes farther than s. 671 (J/.). Under that sub- section the council is only required to 'procure a statement showing the measurements of the frontage liable to be as- sessed and of the frontages exempt from taxation. The special assessment roll would contain much more information. {See s. 29.)

statement of cost of work for Court of Revision.

33. A statement showing under appropriate heads the cost of the work, verified by the certificate of the Clerk, Assessment Commissioner or Treasurer of the municipality shall be delivered to the Chairman of the Court of Revision before the meeting of the Court. New.

Powers of Court.

Is new and is required because the cost of the work is proposed to be made a matter of appeal to the Court of Re- vision and the county judge.

34. The Court of Revision shall have jurisdiction and power to review the proposed special assessment and also to correct all errors and omissions in it as to all or any of the following matters :

(a) Where the owners' portion of the cost is to be specially assessed against the land abutting directly on the work, as to the following matters :

(i) The names of the owners of the lots; 100

21

(ii) The frontage or other measTireineiits of the lots;

(iii) The amount of the reduction to be made under the provisions of section 23 in respect of any lot ;

(iv) As to the lots which, but for the provisions of sec- tion 47, would be exempt from special assess- ment; and

(v) As to the lifetime of the work.

(b) Where part of the owners' portion of the cost is to be specially assessed on land not abutting directly on the work, in addition to the matters mentioned in subsection 1, as to the lots other than those abutting directly on the work which are or will be immediately benefited by it, and as to the special assessment which such lots should respectively bear. 3 Edw. VIL, c. 19, s. 671 (5). PaH amended.

(c) In all cases as to the cost of the work. New.

The additional poivers given to the Court of Revision hy this section are as to the lifetime and as to the cost of the worJc and as to what land is exempt from assessment. At present the Court of Revision has no power to determine as to these matters, they being determined by the engineer or other officer of the council. Section 671 (5) gives power to determine the proportion of cost to be borne by the cor- poration vjhere the cost exceeds the estimate hy 10 per cent. As it is proposed to defer the Court of Revision until the work has been completed, there is no need any longer for such a provision nor for the latter part of s. 671 (8) pro- viding for the holding of a Covrt of Revision where the actual cost exceeds the estimated cost by more than 10 per cent.

35, — (1) Where it appears to the Court of Revision that Adjourned any lot which has not been specially assessed should be speci- court^fn° ally assessed, before finally determining the matter the Court omi^s°on to shall adjourn its sittings to a future day and shall cause ^^['^^j^q^|''" notice (Form 3) to be given to the owner of every such lot of the time and place when the adjourned sittings will be held.

(2) The notice shall be mailed at least six days before the time fixed for the adjourned sittings.

(3) If the Court of Revision determines that any such lot ought to be specially assessed, the Court shall have juris- diction and power to fix and determine the amount of the

100

22

special assessment thereon. Amended.

3 Edw. VIL, c. 19, s. 671 (6),

8. 35 is wider than the present s. 671 (6), which only gives this power to the County Judge in the case of cities and towns.

When special assessment roll to be final.

36. The clerk shall make such corrections in the special assessment roll as are necessary to give effect to the decisions of the Court of Revision, and the roll when so corrected shall, be certified by the clerk, and when so certified, except in so far as it may be further amended on appeal to the Judge, shall be valid and binding upon all persons concerned and upon the land specially assessed, notwithstanding any defect, error or omission therein or any defect or error in any notice given or proceeding taken or the omission of any proceeding or thing which ought to have been taken or done before the completion of such revision. 3 Edw. VII., c. 19, s. 671 (7). Amended.

The first part making it the duty of the Clerk to make corrections in the special assessment roll is new. The latter part providing for the finality of the roll is a re-draft of s. 671 (7) setting out in detail as to what matters the roll when certified is to he final and follows closely s. 66 of The Assess- ment Act.

Appeal to

County

Judge.

37. — (1) The Council or the owner of a lot specially assessed may appeal to the Judge of the County Court from any decision of the Court of Revision.

Application of 4 Edw. VII., c. 23.

(2) The provisions of The Assessment Act as to appeals to the Judge shall apply to an appeal under the pro- visions of subsection 1.

Powers of judge.

(3) The Judge shall have the like jurisdiction and powers as are conferred on the Court of Revision by section 34, and the provisions of section 35 shall apply where the Judge determines that any lot not specially assessed ought to be so assessed. 3 Edw. VII., c. 19, s. 671 (5). Part amended.

Verbal changes only.

BOEBOWING POWERS.

Temporary loans.

•38. — (1) The Council may agree with any bank or person for temporary advances to meet the cost of the work pending the completion of it. 3 Edw. VIL, c. 19, s. 672 (1) First part amended. 100

23

(2) The Council may, when the work undertaken is com- issue of

dcDGntiirGS

pleted, borrow on the credit of the corporation at large such sums as may be necessary to defray the cost of the work undertaken, including the corporation's portion of the cost, and may issue debentures for the sums so borrowed. 3 Edw. VIL, c! 19, s. 672 (1), last part and s. 685 (1). Amended.

(3) The provisions of The Consolidated Municipal A c^, Application 190S, as to by-laws for creatin,<2: debts shall apply to by-laws vii., c. 19. passed under the authority of subsection 2, except that it

shall not be necessary

(a) That the by-law be submitted to or receive the assent of the electors. 3 Edw. VIT., c. 19, s. 679 (2) first part and sec s. 685 (1).

(h) That any rate be imposed for the payment of the principal of so much of the money borrowed as represents the owners' portion of the cost or of the interest thereon, other than the special rate per foot frontage imposed to meet it. New.

(c) To comply with the provisions of paragraphs 2, 3 and 4 of section 338 of The Consolidated Muni- cipal, Act, 1903. 3 Edw. VTL, c. 19, s. 671 (1). First part amended.

And except that the debentures, save as provided by sec- tion 40, shall be payable within the lifetime of the work. 3 Edw. VIL, c. 19, s. 672 (2). First part amended.

(4) The special rates imposed for the owners' portion of special the cost shall form a special fund for the payment of the owner's"*^ debentures issued under the authority of subsection 2 and the f^o^/m ^special interest thereon and shall not be applicable to or be applied ^^n^-

for any other purpose. New.

(5) If in any year.the amount realized from the special General rate rate imposed to provide for the owners' portion of the cost deficiency in and interest is insufficient to pay the amount falling due jq-'^p®'^**^ '■**®- such year in respect of the debentures which represent the

owners' portion of the cost the Council shall provide for the deficiency in the estimates for the following year and levy and collect the same by a general rate. New. See 3 Edw. VTL, c. 19, s. 665 (2).

(6) The amount borrowed under the provisions of sub-Ow"®^'^

• rv • <• 1 t ' f ^ ^ ^^ Portion not

section 2, m respect of the owners portion of the cost, shall to be not be deemed to be part of the existing debenture debt of the of debenture corporation within the meaning of section 384 of The Con- corporation. • 100

24

solidated Municipal Act, 1903. (2). First part amended.

3 Edw. VIL, c. 11), s. 085

(7) Instead of borrowing the amount of the corporation's portion of the cost of a work undertaken the Council may in-

New. See 079 (1), last part.

Corpora- tion's portion

Jncfuded In clude the Same in the estimates of the year

yearly

estimates

Consolida- tion of by-laws.

{!) Verhal changes only.

(2) It is proposed that there should he but one hy-law providing for the issue of debentures covering the rate- payers' and the corporation s share of the cost. While there would he only one issue of dehentures the rate im- posed for the corporation s share would he distinct from the special rate imposed for the ratepayers' \share. Under s. 679 (2) there may he separate issues of debentures for the ratepayers' share and for the corporation s share. It is also proposed that all the dehentures should he a direct liability of the corporation, instead of leaving it optional with the corporation to guarantee the dehentures for tlie ratepayers' share. Although the power to guarantee is almost invari- ably used, it is thought that the dehentures luould sell to better advantage if they formed a direct liahility of the cor- poration in the first instance. It is proposed also to defer the issue of the dehentures in every case until the completion of the luorTc, allowing the corporation to borrow temporarily from a banh or a person as it may now do under s. 672 (1).

(3) Is new in for^m. Paragraphs 2, 3 and Jf of s. 338, mentioned in clause " c'' refer to the publication of the by-law.

{Jf--5) Are new. As the dehentures are made a direct liahility of the corporation it follows that any deficiency in the special rate imposed should he made good by the cor- poration at large as is provided by (5).

(6) Verhal changes only.

(7) The council may prefer in the case of a small worTc to include its share in the estimates of the year instead of issuing dehentures.

39. — (1) Where two or more works have been constructed and the by-laws provided for by subsection 2 of section 38 have been passed, instead of borrowing the separate sums thereby authorized to be borrowed and issuing debentures therefor, the council by by-law hereinafter called the con- solidating by-law, may provide for borrowing the aggregate of such separate sums and for issuing one series of deben- tures therefor.

Recitals. (2) The consolidating by-law shall show by recitals or

otherwise in respect of what separate by-laws it is passed. 100

25

(3.) It shall not be necessary that the consolidating by-?^*®^ not to

I 1 m • • T c T ^» y tie imposed

law Shall impose any rate to provide for the payment of the by con- debentures issued under it or the interest thereon, but theby-iaw."^ rates imposed by the separate by-law& shall be levied, col- lected and applied for that purpose. New. See 3 Edw. VIL, c. 19, s. 433.

This contains the principal features of s. JfSS allowing the consolidation of local improvement hy-lav^s.

S. J'33 (1) providing thai each local improvement deben- ture should hear the name " Local Improvement Debenture " is dropped because it is proposed to make all local improve- msni debentures a direct liability of the corporation, and in that case there is no object in earmarking them.

8. J^SS (3) providing for the insertion of a clause in each by-law that it is subject to consolidation, (Jf) providing that no consolidated debenture shall be issued covering any de- bentures issued under any original by-law, and (5) giving poiver to pass one by-law covering several local improvement works, instead of individual by-laws for each particular work are dropped as unnpcessa7'y.

40. — (1) The Council shall impose upon the land liable Term of therefor the special assessment with which it is chargeable f^Jiafments in respect of the owners' portion of the cost, and the same °^g|P|^|Jj^ shall be payable in such annual instalments as the Council shall prescribe but not so as to extend beyond the lifetime of the work, unless the work is of the class described in clause (/') of secticm 3, in which case the annual instalments may • extend over a period of not more than 40 years. 3 Edw. VII., c. 19, s. 672 (2). La^t part amended.

(2) In fixing the amount of the annual instalments a sura interest, sufficient to cover the interest shall be added. New.

(3) The Council may also either by a general by-law or bycommuta- a by-law applicable to the particular work prescribe the terms "pe" laf and conditions upon which persons whose lots are specially rates, assessed may commute for a payment in cash the special rates imposed thereon. 3 Edw. VIT., c. 19, s. 664, par. 7 part.

(J) Is a new draft of s. 672 (2). (H) Verbal changes only.

41. The pi'ovisioiis of sections 89 to 92 and the other pro- AppUcation visions of The Assessment Act as to the collection and recov- vii., c. 28, ery of taxes, and the proceedings which may be taken in "■ default of payment thereof, shall apply to the special assess- 100

26

merits and the special rates imposed for the payment of them. New.

The machinery of The Assessment Act has been introduced in, order to make it clear that the special rates imposed may be collected when default has been made in payment as pro- vided by the Assessment Act.

Where 42. If a debt has been incurred by the corporation for or

assessments in respect of a work undertaken and after the incurring of new^asless- ^^^ ^ebt the Special assessment for the work is found or ad- be^made^^^ judged to be invalid or the by-law for borrowing money to defray the cost of the work is quashed or set a&ide either wholly or in part by reason of any irregularity or illegality in making such assessment or in passing such by-law, the Coun- cil may cause a new assessment to be made or may pass a new by-law when and so often as may be necessary to provide the money required to be raised to discharge the debt so incurred. 3 Edw. VIL, c. 19, s. 6Y2 (3). Amended.

Verbal changes only.

Exemption of land speciaUy assessed from gen- eral rate for like purpose.

EXEMPTION FROM GENEEAL RATE.

43. All land specially assessed shall, during the lifetime of the work undertaken be exempt from so much of any rate as is imposed in respect of works of a like class or description not undertaken as local improvements, except so much of such rate as would have been imposed to meet the corpora- tion's portion of the cost of the works if they had been under- taken as local improvements. 3 Edw. VII., c. 19, s. 680 (1).- Amended.

Owing to s. 678, which alloivs the council of any muni- cipality which has not adopted the local improvement system to assume any proportion of the cost of a sidewalk or pave- ment it is impracticable to draft a section which ivill work even justice all round because a municipality may assume 10 per cent, of the cost of one pavement and 90 per cent, of the cost of another. It is thought that owing to the pro- visions of s. 678, s. Ii-S of the Bill goes about as far as is vracticable with regard to exemption from a general rate. While s. 678 provided that the municipality might assume a fixed J/-0 per cent, of the cost it vms not difficult to ivork out the provisions of s. 680 as to exemption from general rate.

REPAIR OF WORK.

Main ten- 44. — (1) After a work undertaken has been completed it

repaid of shall during its lifetime be kept in repair by and at the Corporation expense of the corporation. 3 Edw. VII., c. 19, s. 666 (1). ■ PaH.

100

27

(2) E'o thing in this Act shall relieve the corporation General from any duty or obligation to keep in repair the highways repair °not under its jurisdiction, to which it is subject either at com- ^^®°*^^' mon law or under the provisions of The Consolidated Munici- pal Act, 1903, or otherwise, or impair or prejudicially affect the rights of any person who is damnified by reason of the failure of the corporation, to discharge such duty or obliga- tion. 4 Edw. VII., c. 22, s. 31. Amended.

Verbal changes only.

45, — (1) Where, at any time during the lifetime of a workcompeuing imdertaken, the corporation fails to keep and maintain it in a^to^^epaVr°'^ good and sufficient state of repair, and, after one month's notice in writing by the owner or occupant of any lot specially assessed requiring the corporation to do so does not put the work in repair, a Judge of the High Court, or the Judge of the County Court of the county in which the municipality lies, upon the application of any owner or occupant of any land so specially assessed, may make an order requiring the corporation to put the work in repair. 3 Edw. VII., c. 19, s. 666 (2). Amended.

(2) The Judge may determine what repairs are necessary and by his order may direct them to be made in such manner, within such time and under such supervision as he may deem proper.

i

(3) Where a person under whose supervision the repairs are to be made is appointed, the Judge may fix and determine the remuneration to be paid to such person and the same shall be paid by the corporation and payment thereof may be en- forced in like manner and by the same process as a judgment for the payment of money.

(4) The order shall have the same effect and may be enforced in like manner as a peremptory mandamus.

(5) If the corporation does not comply with the order of the Judge, in addition to any other remedy to which the applicant for the order may be entitled, the Judge may authorize the repairs to be made by the applicant, and if made by him the cost thereof shall be ascertained and determined by the Judge and when so ascertained and determined pay- ment thereof may be enforced in like manner and by the same process as a judgment for the payment of money.

(6) An appeal shall lie to a Divisional Court of the High Court from any order made under the provisions of this sec- tion, and the procedure where the appeal is from an order of

100

28

I

a Judge of the High Court shall be the same as on an appeal from an order made in an action in the High Court, and if the appeal is from an order of a Judge of a County Court the same as on an appeal from an appealable order made in an action in the County Court. New.

{!) Is practically s. 666 (2) with this change that the application under the neiv provision may he made hy any owner or occupant of any land specially assessed while under s. 666 (2) the application must he made hy a ratepayer whose property has heen assessed for the work.

S. Jf5 {2-6) providing for the procedure and the method of enforcement of the Judge's order and for an appeal to a Divisional Court are new. There is nothing in the present law providing for the enforcement of the order. The latter part of s. 666 (2) provides only for an order heing made respecting the keeping of a sidewalk in a reasonahle and proper state of repair without providing any means for its enforcement.

ASSESSMENT OF LAND EXEMPT FROM TAXATION.

Certain lands ex- empt from taxation liable to be specially assessed.

46, Land on which a churdh or place of worship is erected, or which is used in connection therewith, and the land of a university, college or seminary of learning, whether vested in a trustee or otherwise, which is exempt from taxation under The Assessment Act, except schools maintained in whole or in part by a legislative grant or a school tax, shall be liable to .be specially assessed. 3 Edw. VII., c. 19, ss. 683, 684 (1). Part amended.

Land ex empt from

provements to be special!

assess

'^.

47. Land exempt from taxation for local improvements local" im-*°'' under any general or special Act shall nevertheless, for all purposes except petitioning for or against undertaking a work, be subject to the provisions of this Act and shall be specially assessed ; but the special assessments imposed there- on which fall due while such land remains exempt, except those imposed under the authority of section 46, shall not be collected or collectable from the owner thereof but shall be paid by the corporation. 3 Edw. VII., c. 19, s. 684, (1) part and (2) amended.

Is practically new. The latter part of s. 684-, (1) provides that in case of lands luhich are held hy a school hoard or a municipality under a lease which does not extend over the whole period of the special assessment that the municipality is to pay the special assessment during the period of the lease, hut it is impossible to work out s. 68J{. (2) which pro- vides that in the case of other land exempt from a local inv- provement rate such land shall he specially assessed as soon 100

29

as the period of exemption has expired because this would necessitate the readjustment of the whole special assessment. It is thought advisable to treat all land exempt from taxation 03 though it ivere liable, making the corporation pay the assessment while the land is exempt. The land being speci- ally assessed, it automatically becomes liable to pay the rate luhen it ceases to be exempt.

OTHER WORKS AND SERVICES WHICH MAY BE UNDERTAKEN AS LOCAL IMPROVEMENTS.

48. — (1) The council may by by-law provide that the cleaning,

T / J' ^ ' 1 r -^ - "^ ^ , . ^ . watering.

annual cost ai cleaning, clearing oi snow and ice, watering, lighting sweeping, lighting, cutting grass and weeds, and trimming |tc. trees and shrubbery on any street, or any one or more of such services shall be specially assessed upon the land abutting directly on such street.

T

(2) Instead of naming the particular street or streets the by-law may apply to all the streets in a defined section or sections of the municipality.

(3) Where the council so provides the amount of the spec- ial rate imposed to defray such cost may be entered on the collector's roll and collected in like manner as Other taxes. 3 Edw. VII., c. 19, ss. 682 (3) and 686. Amended.

Is a combination of s. 682 (S) and s. 686. 8. 682 (S) relates only to a municipality which has adopted the local improvement system, and in addition to the matters merir tioned in the new section power is given to maintain and repair the streets as a local improvement. This power clearly relieves the council of the duty to maintain and keep the ivork in repair during its lifetime at the general expense, and it has been omitted. Sec. 686 gives power to every municipality to pass by-laws for the purposes mentioned m new section upon the petition of at least two-thirds of the residents on any street representing one-half of the land to be assessed. As these two sections deal with similar matters it is thought well to combine them.

49. — (1) The council of a township or village and thewaterworks Board of Police Trustees of a police village may undertake engines, as a local improvement

(a) The construction of waterworks.

(&) The purchase of fire engines and other appliances

for the purpose of fire protection ; 100

30

(c) The laying of mains and other appliances to con- nect with any existing system of water works, whether owned by the corporation or by any other person.

(2) The council, by the by-law for undertaking the work, may provide that the owners' portion of the cost shall be specially assessed against the land in any defined section or sections of the municipality and that the annual cost of managing and maintaining the work shall be assessed against and levied upon such land. 3 Edw. VII., c. 19, s. 687 (1-2) ; 10 Edw. VII., c. 85, s. 17. Amended.

Trustees for (3) In the case of the purchase of fire oiiairie- and other fir^'wi^ifes appliances for the purpose of fire protection, the council or appiiancea board of policB trustccs may, by by-law, provide for

(a) The election of a board of three trustees ; and the time and manner of holding the election.

(h) The term <>f office of such trustees ;

(c) Filling vacancies in such board;

(d) The election of an auditor ;

(e) The appointment of a second auditor by such board ; (/) The duties of such auditors.

7 Edw. VII., c. 40, s. 35. Amended.

(4) The board of trustees shall have the care, control and

3 Edw.

Care and control of

fire management of such fire engines and appliances

engmes.etc. VH., c. 19, S. 687 (5).

Qualifica- tion of voters for election of trustees.

(5) ISTo person shall be entitled to vote at the election of such trustees unless he is the owner of land to be specially assessed under the provisions of subsection 2, and is also qualified to vote at municipal elections. 3 Edw. VII., c. 19, s. 687 (6). Amended.

8. Jf-9 is a redraft of s. 687 (1-6) except that " lighting the municipality " is included in the old section.

The chief object of such a section is to alloiu a township or village to exercise such power ivith reference to a well populated section or district.

ADOPTION OF T.OCAL IMPROVEMENT SYSTEM.

50. — (1) The council of a corporation by by-law passed with the assent of the municipal electors, in accordance with the provisions of IVie Consolidated Municipal Act, 1903, may

31

provide that all works which may be undertaken as local improvements, or any one or more classes or descriptions of such works thereafter, or after a day named in the by-law, shall be undertaken as local improvements and not otherwise.

(2) The by-law may be repealed, but only by a by-law g^Ff^^ °^ passed with the like assent. 3 Edw. VII. c. 19, s. 682 (1) and (2). Part, amended.

(3) After the repeal of the by-law any lot specially froT^gen- assessed for a work shall during the lifetime of the work be erai rate of exempt from any general rate, as provided by section 43. speciaUy 3 Edw. VII., c. 19, s. 682 (2). Part amended. assessed.

Vrrhal changes only.

MISCELLANEOUS.

51. The special assessment and the special rates charged ^^p|^*^^j^^ or chargeable upon land for or in respect of the cost of any covenant work undertaken, whether upon petition or otherwise, except cumbrances. so much of them as is in arrear and unpaid shall not, as be- tween a vendor and a purchaser, or as respects a covenant

against incumbrances, or for the right to convey, or for quiet possession free from incumbrances, be deemed to be an in- cumbrance upon the land upon which the special rate is charged or chargeable. 3 Edw. VIT., c. 19, s. 681. Amended.

Is a redraft of s. 681 and has been extended in consequence of the decision in re Taylor and Martyn, IJf. O.L.R. 132.

52. Proceedings for undertaking a work begnn by f'^if ^^y "beT"'^^ coTincil may be continued, and the work may be begun, con- completed, tinned and completed by a succeeding council. New, see 3

Edw. VII., c. 19, s. 669 (4).

New in form only.

53. The Ontario Railwav and .^[lilli(M■nal "Board niny Municipal

. ' , , . Board

approve of forms of by-laws, notices and other proceedings may to be passed, given or taken under or in carrying out the pro- forms, visions of this Act, and every by-law, notice or other ]->ro- ceeding which is in substantial conformity with the form so approved shall not be open to objection on the ground that it is not in the form required by the provisions of this Act applicable thereto. New. See 3 Edw. VII., c. 19, s. 6T0.

It is thought that the giving of such a power to the Railway and Municipal Board will facilitate the worJc of a munici- 100

32

pality and provide a uniform procedure for the worJcing out of the local improvement sections.

Repeal. 54. Sections 385, 433 and 664 to 6i>3 of Thr Consoli-

dated Municipal Act, 1903, and all amendments thereto are repealed.

FORM 1.

Section 11.

Take notice that

1. The Council of the Corporation of the of

intends to construct as a local improvement (describe the work) on (or in) street, between {describe the points between

which the work is to be constructed) and intends to specially assess a part of the cost upon the land abutting directly on the work {in case other land is to be specially assessed add) and upon the follow- ing land which is immediately benefited by the work {describe the land).

2. The reports of the engineer, a statement showing ttie land to be specially assessed and the names of the owners are now filed in the oflice of the Clerk, and are open for Inspection during office hours.

3. The estimated cost of the work is $ , of which $ is to be paid by the Corporation. The special rate per foot frontage is . The special assessment is to be paid in annual instalments.

4. A petition against the work will not avail to prevent its con- struction.

Dated

Clerk.

(Note. — Where that part of the municipality in which the land to be specially assessed is situate is divided into districts or sec- tions the form will be altered to show the special rate per foot frontage in each district or section.)

FORM 2.

IS"ECTI0N 13.

Take notice that

1. The Council of the Municipal Corporation of the of intends to construct {describe the work) on {or

in) street between {describe the points between which the

work is to be constructed) as a local improvement and intends to specially assess a part of the cost upon the land abutting directly on the work {in case oiher land is to be specially assessed add) and upon the following land wliich is immediately benefited by the work {describe the land).

2. The reports of the engineer, a statement showing the land to be specially assessed and the names of the owners thereaaf are now filed in the office of the Clerk and are open for inspection during office hours.

3. The estimated cosit of the work is $ , of which % is to be paid by the Corporation, and the special rate per foot frontage is . The special assessment is

33

to be paid In annual instalments.

4. Persons desiring to petition against undertaking the worlt must do so on or before the day of 19 .

Dated

Clerk.

(Note. — Where that part of the municipality in which the land to he specially assessed is situate is divided into districts or sec- tions the form will be altered to show the special rate per foot frontage in each district or section.)

FORM 3. Sections 31 (2) and 35.

Take notice that

1. The Council of the Corporation of tbe of

has constructed as a local improvement {describe the work) on {or in) street between {describe the points between

which the work, has been constructed).

2. The cos't of the work is $ , of which $

is to be paid by the iCorporation. The special rate per foot frontage is . The special assessment is to be paid in

annual instalments.

3. The estimated lifetime of the work is years.

4. A Court of Revision will be held on the day

19 , at o'clock at the {insert place of meeting)

for the purpose of hearing complaints against the proposed assess- ments or the accuracy of frontage measurements and any other complaint which persons Interested may desire to make and which is by law cognizable by the Court. or {where the Court of Revision proceeds under section 35).

4. You are served with this notice because the Court of Revision is of opinion that your lot though not specially assessed sbould be specially assessed in respect of the owners' portion of the cost of the work and an adjourned sittings of the Court will be held on the day of 19 , at o'clock at the

{insert place of meeting) when the matter will be determined by the Court.

Dated

Clerk.

{Note. — Where that part of the municipality in which the land to be specially assessed is situate is divided into districts or sec- tions the form will be altered to show the special rate per foot frontage in each district or section.)

5-100

433 (2) 664 pars 664 par.	1 and 2 3
664 par. 664 par. 664 par. 664 par. 664 par. 664 par.	4 5 6 7 first part 7 last part 8

84

SCHEDULE.

Showing how s.s 385, 433 and 664 to 693 of the Consolidated Muni- cipal Act 1903 "have been disposed of.

S. 385 Dealing with recitals in a Local Improve-

ment By-law and giving power to a muni- cipality to guarantee the debentures dropped as debentures are made a direct liability of the corporatdon under the Bill. " 433 (1) and (3-^) dropped for reasons mentioned in note to

s. 39

covered by s. 39

covered by s. 3(1)

dropped for reasons mentioned in note to s. 3.

covered by s. 29 (c)

covered by s. 29

covered by s. 18 (1)

covered by e. 40 (1)

covered by s. 40 (3)

Giving power to construct works with money provided by persons desiring such works struck out because no advantage has been taken of it and because it con- flicts with the ordinary procedure pre- scribed for local improvement works.

6i64a covered by s. 20

See note to s. 20 as to exempt property.

66S (1) covered by s. 18 (1)

66'5 (2) first part covered by s. 38 (5)

665 (2) last part Providing for refunding where too large

a sum has been raised, struck out as un- necessary. 665 (3) Has been dropped. This subsection deals

only with the case of a township situate wiithin five miles of a city having a popu- lation of over 50,000, and gives power upon petition of % in number of the owners representing % in value of non- abutting lands benefited by the work to assess a part of the cost of the work against such lands either by a frontage rate or by a special rate according to the proportion of benefit received. Under the Bill every township has power to assess non-abutting lands in the case of certain sewers, and in the case of a bridge, in tlie opening, widening or ex- tension of a street (see ss. 24, 25), but the rate in all cases is to be according to frontage.

covered by s. 3 (2)

covered by s. 44

covered by s. 45(1)

covered by s. 30

covered by s. 12

covered by s. 2 (p)

and 15 (1)

covered by s. 17

covered by s. 2 (p)

covered by s. 10

covered by s. 13 (1)

covered by s. 13 (3)

covered by s. 13 (4)

covered by s. 13 (7)

covered by s. 13 (2)

covered by s. 14 ( 1)

666	(1)	first part
666	(1)	last part
666	(2)
667
668	(1)	first part
668	(1)	middle part
668	(1)	last part
668	(2-3)
668	(4)
em	(1)	first part
669	(1)	last part
669	(la) first part
669	(la) last part
6«d	(1&)
669	(2) 100

35

S. 669 (3) first part covered by s. 2 (p)

and s. 15 (1-3)

" 669 (3) last part covered by B. 17

" 669 (4) covered by s, 52

" 669 (5) covered by s. 15 (4)

" 670 Providing for a short form of local im-

provement by-law has been dropped as it is thought that to a large extent the wording of the short form by itself would carry the meaning of the long form. In any case it is thought it would be better to give the Railway and Municipal Board power to prescribe forms. See s. 53.

" 671 (1) first part covered by s. 38 (3)

" 671 (1) last part covered by s. 31 (1)

" 671 (2-S) covered by s. 31 (2)

" 671 (4) covered by ss. 29 (f)

and 32

" 671 (5) first part covered by s. 34

" 671 (5) last part covered by s. 37

" 671 (6) covered by s. 35

" 671 (7) covered by s. 36

" 671 (8) Providing for the holding of a second

Court of Revision where the actual cost exceeds the estimated cost by more than 10% has been dropped because under the Bill the Court of Revision is not to be held until the work is completed.

" 672 (1) first part covered by s. 38 (1)

" 672 (1) last part covered by s. 38 (2)

" 672 (2) first part covered by s. 38 (3)

last part

" 672 (2) last part covered by s. 40 (1)

" Ql2 (3) covered by s. 42

" 672 (4) Providing that no assessment should be

made and no work undertaken unless initiated in one of the methods authorized by the Act, struck out as unnecessary. " 672a Giving power to settle with a contractor

as upon a quantum meruit where the work has not been done in strict com- pliance with the contract, struck out a? unnecessary.

covered by s. 4

covered by s. 25 (1)

covered by s. 5

covered by e. 21

covered by . .' s. 4

covered by s. 23 (1)

Allowing a refund of special rates Im- posed prior to 30th March, 1885, on corner lots dropped, as spent.

covered by s. 23 (2)

Providing for thie assessment of land fronting on a park, square, public drive or boulevard struck out, as under the Bi' such land would only be assessed for its proper proportion.

• 674 (1-2) covered by s. 26 (1)

" 674 (3) . Giving power to a township in case of a

bridge or the opening, widening or ex- tension of a street to levy cost by a special rate according to benefit instead of by a frontage rate, struck out, as only frontage rate Is retained, although non- abutting land may be divided Into dis- tricts according to the proportion of benefit received. 100

673	(1)
673	(2)
673	(2a)
673	(2b)
673	(3)
673	(4)
673	(5)
673	(6)
673	(7)

86

S. 674 (4) covered by s. 6

" 675 covered by s. 26 ( 1 )

" 675a Giving power to a city having over

100,000 inhabitants to pave or macadam- ize a roadway on report of engineer and in spite of petition, struck out aa unnecessary, as such work may now be done under s. 677 as amended.

" 6756 covered by s. 26 (1)

" 676 Allowing owners to construct sidewalks

under direction of the council and ex- empting them from taxes for a like pur- pose, struck out as not being of any prac- tical service.

*' 677 covered by s. 9

" 677a covered by e. 9

" 6776 Providing that money may be borrowed

and debentures issued for works con- structed un^er s. 677, struck out as un- necessary, as it is quite clear that such is the case under the Bill.

" 678 covered by s. 22

" 678o Being a special provision allowing owners

of land on both sides of a street to agree that the cost of a sidewalk shall be assessed against land on both sides, and that for a certain period no sidewalk shall be constructed on the other side and providing for a readjustment of assessment when a sidewalk is con- structed on the other side, has been dropped, as it is difficult to see how such a section can be worked out. In order to remove doubts, s. 24, pro- viding for assessment of cost of sidewalk on one side only, has been inserted.

covered by s. 20

covered by s. 38 (3)

cJ d

679 (2) last part Allowing a separate issue of debenture* . ;.J for owner's share and corporation share

and earmarking the debentures as "local improvement debentures" has been struck out, as it is proposed that there should be one issue for both shares and that the debentures should form a direct liability g^Q^ of the corporation. ^ goQ Q-w covered by e. 19

680 (2-4) covered by s. 43

'' Providing that where a local improve-

ment is petitioned for by two-thirds of the owners of the land fronting on the work the exemption from a general rate may be determined by a sole arbitrator to be chosen by tlie county judge have been dropped,.

These subsections only apply to the case of a petition for a work, so that as the section now stands there Is no pro- vision for putting an end to the period of exemption if the work has been under- taken iby one of the other methods author- ized.

When these subsections were enacted in 1883 there was no provision for the initiation of local improvements other- wise than by the council, and they had therefore at that time no application and

100

679 (1)

679 (2) first part

37 "^

S. 680 (2-4). — Con. apparently have through inadvertence

been allowed to remain in the Act. See Biggar's Municipal Manual, page 944, Note (a).

The new section 43 provides that the period of exemption shall be for the life- time of the work. 680 (5-^) Requiring the council to designate by

by-law what part of the general rate Is for purposes for which there Is a special assessment in any part of the municipal- ity and providing that until such by-law has been passed no money raised by gen- eral rate on land specially assessed shall be expended, have also been dropped. On enquiry it was found that these pro- visions have to a large extent been disre- garded on account of the difficulty of working them out and this difficulty has only been increased by the extension of the power of the corporation to assume any proportion of the cost of certain works.

■' 681 covered by s. 61

•' 682 (1-2) covered by s. 50

' 682 (3) covered by s. 48

" 683 covered by s. 46

" 684 (1) first part covered by s. 46

" 684 (1) last part covered by s. 47

" 684 (2) covered by s. 47

" 685 (1) first part covered by s. 38

(2^) " 685 (1) last part Providing that nothing in the section

should authorize the extension of the general debt of the municipality beyond the limits prescribed by any Act, dropped as unnecessary.

" 685 (2) first part covered by s. 38 (6)

'685 (2) last part Dealing with recitals as to general debt

in local improvement by-law dropped, as it is proposed to do away with such re- citals.

686 covered by s. 48

687 (1-6) covered by a. 49

687 (7-8) Allowing two or more adjoining muni-

cipalities to purchase fire engines and road-making machinery and assess the cost thereof and of managing and main- taining the same as local improvements dropped, as it is impracticable to apply the local improvement machinery to two municipalities acting jointly.

It is proposed to retain the power to pur- chase jointly for these purposes in the general provisions of the Municipal Act. ^^^^ Enacted by 8 Edw. VII., c. 48, s. 27. giving

power to a village or township on peti- tion of two-thirds of the owners affected to lay water-mains and connect them with the water-works system of an ad- joining city or town, has been dropped, as sufficiently covered by s. 49. " 688 Giving power to a township on petition

of two-thirds of the owners representing « one-half in value of the land proposed to

100

38

S. 688. — Von. be assessed to maintain and repair a high-

way which is an abandoned toll road, has been dropped. It is very unlikely that two-thirds of the owners would petition for such a purpose, especially in view of the fact that under s. 103 of The General Road Companies Act the municipality is obliged to keep such a road in repair at the general expense. 689 Giving power to a township on petition

of all the owners of land to be especially assessed to macadamize, gravel, drajin or improve a highway or to build a bridge in connection therewith, even though the work may extend beyond the limits of the municipality and making the pro- - visions of The Drainage Act apply has

been dropped, as it is hardly possible that all owners would petition, and it is doubtful whether in the case of macadam- izing or gravelling a road a municipal- ity should have power to go beyond Its limits.

As to a drainage work extending outside the limits of a municipality fhat should

^ be effected under The Drainage Act.

^90 ThlB section providing for exemption

from general rate has been dropped, as

" CO cQo ^^ °°^^ applies to s. 689.

691-692 Giving power to a county to make, repair

or improve a road, bridge or public work in a township or between parts of two townships by a special assessment on the lands benefited, upon petition by two- thirds of the owners of such land, have been dropped, as it Is found on enquiry that such a power has seldom been used, especially of late years, and it is doubt- ful whether a county should have power to effect sucfti works as local improve- ments.

The other local improvement sections of the Act do not apply to counties. See ss. 613 to 617 as to powers of coun- ties re roads and bridges. 693 (1-6) Giving power to a county to assume and

acquire a road, bridge or other public work in or adjacent to one or more town- ships, towns or villages, and to improve such road, bridge or public work by a special assessment on all the rateable property in such municipalities, has been dropped, as it is thought that the general powers of a county under ss. 613 to 617 are sufficient. Although the by-laws for such a purpose must be submitted to and approved of by the electors in the muni- cipalities affected, the section provides that in case it is defeated in one or more municipalities it may still be passed with reference to the municipalities in which it carried, the money to be raised by the by-law being reduced by the amount for which the municipalities in which it was defeated would have been liable if it had carried. In such a case the municipalities which defeated tihe by-law would benefit by the work without being liaible to pay any part of the cost. 100

»

Htj

'T^ CO

W I— I

?

o o

No. 100. 1911.

BILL

An Act to Amend The Consolidated Municipal Act, 1903, with respect to Local Improvements.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows :

1. This Act may be cited as The Local Improvement short tiu* Sections of The Municipal Act. New,

INTEBPEETATION.

2. In this Act: — InterpreU.

tion.

(a) " Bridge " shall include a viaduct, a culvert, a sub- way and an embankment and shall also include a pavement on a bridge.

(h) " Clerk " shall mean and include the clerk of the municipality and any officer or person authorized or required by the council to perform any duty which under this Act is to be or may be per- formed by the clerk.

(c) " Oonctructing " and " construction " shall include

reconstructing and reconstruction, wholly or in part, when the lifetime of the work has expired.

(d) " Corporation " shall include the corporation of a /

municipality other than a police village and a board of police trustees of a police village.

(«) " Corporation's portion of the cost " shall mean that part or proportion of the cost of a work which is not to be specially assessed, but is pay- able by the corporation.

(f) " CoiincMl " shall mean the conncil of the corpora-

tion of a municipality other than a police village and the board of police trustees of a police village as the case may be.

(g) " County " shall include "district."

(h) " Court of Revision " in the case of a police village shall mean the board of police trustees of the police village.

(i) " Cur'bing " shall include a curbing of any material in or along a street, whether constructed in con- nection with or apart from the laying down of a pavement or sidewalk, il^^or with or without a projection for the purpose of a gutter.""^^

(;) " Engineer " shall include an officer or person authorized or required by the council to perform any duty which under this Act is to be or may be performed by an engineer.

(k) " Frontage " when used in reference to a lot abut- ting directly on a work shall mean that side or limit of the lot which abuts directly on the work.

(I) " Judge of the County Court " shall mean and in- clude the judge and a junior judge of a county or district court.

(m) " Lifetime " as applied or applicable to a work shall mean the lifetime of the work as estimated by the engineer, or in case of an appeal as fin- ally determined by the Court of Revision or the judge (as the case may be).

(n) " Lot " shall mean a subdivision or a parcel of land which by Thii Assessment Act is required

to be separately assessed, and " lots " shall mean more than one lot as so defined.

(o) "Municipality" shall include a union of town- ships, a municipality composed of more than one township, a township, a city, a town, a village, and a police village, but not a county. New.

100

(p) " Owmer " and " owners," shall mean respectively the person or persons appearing: by the last revised assessment roll of the mnnicipality to be the owner or owners of land, and, except in the case of a township, shall include a tenant for years, the unexpired term of whose tenancy in- cluding any renewal thereof to which he is en- titled extends for not less than the period during which the special assessment for the work is to be made, if by the terms of his tenancy he would be liable for the payment of the special assess- ment for the work, but shall not include a per- son who is, or is assessed as, owner, where there is a tenant for years of the land, who is an owner within the meaning of this clause. 3 Edw. VIL, c. 19, s. 668 (2-3). Amended.

(q) " Owners* portion of the cost " shall mean that part or proportion of the cost of a work which is to be specially assessed upon the land abut- ting directly on the work or upon land immedi- ately benefited by the work.

(r) " Pavement " shall include any description of pavement or roadway.

(s) " Paving " shall include macadamizing, planking, and the laying down or construction of any description of pavement or roadway JI^^ and the construction of a curbing. ""^S

(i) "Publication" and "publishf^d" shall mean in- sertion in a newspaper published in the munici- pality, if there is a newspaper published therein, or if there is none, then in a newspaper pub- lished in the county in which the municipality is situate.

(tt) " Sewer " shall include a common sewer and ft drain.

(v) " Sidewalk " shall include a footway and a street crossing.

(w) " Specially assessed " shall mean specially rated for or charged with part of the cost of a work.

(x) " Street " shall include a lane, an alley, a park,

a square, a public drive and a public place or a

part of any of them. 100

(y) " Value " shall mean assessed value, exclusive of buildings, according to the last revised assess- ment roll of the municipality.

(z) " Work " shall mean a work or service whidh may be undertaken as a local improvement.

(aa) " Work undertaken " shall mean a work which is undertaken as a local improvement. New.

WOEKS WHICH MAT BE UNDEBTAKEN AS LOCAL IMPB0VEMENT8

Works ^* — (^) ^ work of any of the characters or descriptions

which may hereinafter mentioned may be undertaken by the council of as local im- a corporation as a local improvement, that is to say :

provements.

(a) Opening, widening, extending, grading, altering the grade of, diverting or improving a street ;

(h) Opening or establishing a new street;

(c) Constructing a bridge as part of a street;

(d) Constructing, enlarging or extending a sewer;

(e) Paving a street;

(/) Constructing a sidewalk in, upon or along a street;

(g) Constructing or maintaining a boulevard where a part of a street has been set apart for the pur- poses of a boulevard;

(A) Sodding any part of and planting, maintaining and caring for trees, shrubs and plants upon and in a street;

(i) The extension of a system of water, gas, light, heat or power works owned by the corporation, in- including all such works as may be necessary for supplying water, gas, light, heat or power to the owners of land, for whose benefit such extension is provided.

t (;) Acquiring, establishing, laying out and improving a park or square not having a greater area than two acres, or a public drive. 3 Edw. VII. c. 19, 8. 664, pars. 1-3. Amended.

(k) Constructing, on petition only, retaining walls, dykes or breakwaters along the banks of rivers, but this clause shall only apply to a city or town. New.

100 t . .

(2) Nothing in this section shall extend or apply to a work of ordinary repair or maintenance. 3 Edw. VII., c 19, s. 666 (1). PaH.

4. — (1) Where the work is the construction of a pavement, _. ^ „„,. .

^ ^ • . in What works

the Council, before constructing it, may make all necessary may be private drain connections from an existing sewer to the street in connec- line on either or both sides, and may also lay all necessary s^wer^o? * water mainsl^^and gas mains, where gas works are owned p^"^®*"®"*^- by the Corporation, "^^1 and make such alterations or re newals of water service pipes and stopcocks, |^^ and, where gas works are owned by the Corporation, of gas connec- tions ^'"'^ as are necessitated by the work, and where the work is the construction of a sewer the Council may make all necessary private drain connections to the street line on either or both sides, but the cost of the private drain connec- tion, alteration or renewal of a water service pipe, stopcock or gas connection shall be specially assessed only upon the particular lot for or in connection with which it was con- structed or effected. 3 Edw. VIL, c. 19, s. 673 (1), (3). Amended.

(2) The works mentioned in subsection 1 shall be deemed part of the work of construction of the pavement or sewer in all respects except as to the manner in which the cost of them is to be specially assessed as provided by that subsection. New.

(3) S^^ The amount to be assessed against each lot in respect of a private drain connection, water service pipe or gas connection shall be the cost thereof from the centre of the street to the street line whether or not the sewer or water or gas main is laid in the centre of the street. N^w. See 6 Edw. VII., c. 34, s. 37, last part, "^^l

5. Where a sewer has been or may hereafter be con- Construction structed the Council, by a vote of two-thirds oiall the membersdrafn c*n- thereof present at any general or special meeting, may under- without take the construction of private drain connections from the^®*"*°"" sewer to the street line on either or both sides as a local im- provement without any petition therefor and the cost of each

private drain connection shall be specially assessed upon the particular lot for or in connection witJbi which it is con- structed, and the owners of the land sihall not have the right of petition provided for by section 13, ^^ and the pro- visions of subsection (3) of section 4 shall apply. "^J 6 Edw. VII., c. 34, s. 37. Amended.

6. In a township where the owners of land have oon- Purchase by

fitructed a work which might have been undertaken as a local works ^ °

improvement the Council, upon the petition of three-fourths constructed. 100 I

6

, in number of the owners of the land to be immediately bene- fited by the acquisition of the work, representing at least two- thirds value of such land, may acquire the work at a price agreed upon or to be determined by arbitration under the provisions of The C onsolidaied Municipal Act, 190S, and the purchase money may be provided by the Council and may be assessed in like manner as if the work were a work which the Council were undertaking as a local improvement, and all the provisions of this Act shall apply as if the Council were undertaking the work so acquired as a local improve- ment. 3 Edw. VIL, c. 19, s. 674 (4). Amended.

Approval of 7. — (1) Wliere the work is the opening, widening, or Municipal extension of a street or the construction of a bridge, and the hf' the "case cost of the work as estimated by the engineer will exceed works!^^*" $50,000, any person whose land is to be specially assessed may, within ten days after notice to him of the intention of the Council to undertake the work, give notice that he objects to the work being undertaken upon the ground that it is a work for the general benefit of the municipality or of a sec- tion or district thereof, and if such notice is given the work shall not be undertaken without the approval of " The Ontario Railway and Municipal Board."

Approval may be withheld.

Apportion- ment of cost of work.

(2) If the Board, after notice to the corporation and to all persons interested and after hearing such of them as shall request to be heard, determines that for the reasons mentioned in subsection 1, or either of them, it is proper to do so the Board may withhold its approval.

(3) If the Board determines that the cost of the work should be borne by the corporation or by the owners of the land situate within a section or district of the municipality, the Board may make an order so declaring, and in that event the Council may, notwithstanding the provisions of this Act or of any by-law passed under the authority of this Act, undertake and proceed with the work at the cost of the cor- poration or of the section or district thereof mentioned in the order (as the case may be).

(4) The Board, instead of making an order under subsec- tion 3, may direct that if the work is imdertaken such part of the cost of it as the Board may deem just shall be charged upon the lots abutting directly upon the work, in accordance with the provisions of this Act and that the residue of it shall be borne by the corporation or partly by the corporation and partly by a section or district of the municipality in such proportions as the Board may direct, and if the Council undertakes the work it shall conform with the directions of the order so made. New.

100

(5) jl^^ The special assessments upon the lots shall not be made by the Board, but by the Council, in accordance with the provisions of this Act.

PBOCEDUEE FOB TJNDEBTAKING WOEK.

8. — (1) A by-law may be passed for undertaking a work Methods^

taking works.

7 J • , of under-

as a local improvement taking

(a) On petition, or

(h) Without petition, on the initiative of the Council, hereinafter called the initiative plan, except in the case of a park or square or public drive men- tioned in clause (;") of section 3, or

(c) On sanitary grounds, as mentioned in section 10, or

(d) Without petition in the cases mentioned in sections

5 and 9. New.

(2) S^^ Instead of passing separate by-laws for each work the Council may pass one by-law in respect of several works. New."^^^^

9. — (1) Notwithstanding anything to the contrary con- of certain tained in this or any other Act or in any by-law of the munici- tw(>thirds pality, where the Council determines and by by-law, passed at councu' any general or special meeting by a vote of two-thirds of all ^^^^elmon. members thereof, declares that it is desirable that the construc- tion of a curbing, pavement, sidewalk or bridge, or the open- ing, widening or extension of a street, should be undertaken as a local improvement, the Council may undertake the work without petition, and the owners of the land shall not have the right of petition provided for by section 13. 3 Edw. VIL, c. 19, s. 6Y7. Amended.

(2) Subsection (1) shall not apply to a township.

XO. Where the Council, upon the recommendation of theConstruc- Provincial Board of Health or of the Local Board of Health sewer on of the municipality, determines and by by-law passed at a da't^on"©*"' regular or special meeting of the Council by a vote of two- HeaUh°' thirds of all the members thereof, declares that the construc- tion, enlargement or extension of a sewer as a local improve- ment is necessary or desirable in the public interest on sani- tary grounds, the Council may undertake the work without petition and without giving any notice except the notice re- quired (by section 33, and the owners of the land shall not have the right of petition provided for by section 13. 3 Edw.

VII., c. 19, 8. 668. Par. 4 amended. 100

8

of notrce°of ^■^' Where it is intended to proceed under sections 5, 9 or Intention. iQ the Council shall not be deemed to proceed on the initi- ative plan, but, before passing the by-law for undertaking the work, shall cause notice of its intention (Form 1) to be published.

Sgmuure? ^^- The petition for a work shall be signed by at least re uired°" two-thirds in number of the owners representing at least one- half the value of the lots liable to be specially assessed. 3 Edw. VII., c. 19, s. 668 (1). First part amended.

Initiative plan — • publication and service of notice of intention to construct work.

13. — (1) Where the Council proceeds on the initiative plan, notice of the intention of the Council to undertake the work (Form 2) shall be given by publication of the notice and by service of it upon the owners of the lots liable to be speci- ally assessed; and unless within one month after the first publication of the notice a majority of the owners repre- senting at least one-half the value of the lots which are liable to be specially assessed petition the Council not to proceed with it, the work may be undertaken as a local improvement. 3 Edw. VIL, c. 19, s. 669 (1) Part amended.

Contents of notice.

(2) The notice shall be sufficient if it designate by a general description the work to be undertaken and the street or place whereon or wherein, and the points between which the work is to be effected, and the number of the instalments by which the special assessment is to be payable. 3 Edw. VIL, c. 19, 8. 669 (1&). Amended.

different*' (3) The notice may relate to and include any number works. of different works. 3 Edw. VIL, c. 19, s. 669 (1). Pari

amended.

Manner of service.

(4) The notice may be served upon the owner

(a) Personally, or

(b) By leaving it at his place of business or of resi-

dence if within the municipality, or

(c) By mailing it at a post office within the municipality

'addressed to the owner at his actual place of business or of residence, if known, or at his place of business or residence as set forth in the last revised assessment roll of the municipality, or

(d)

100

If the place of business and of residence of the owner are not known, by leaving the notice with a grown-up person on the lot of the owner which is liable to be specially assessed, if there is a grown-up person residing thereon. 3 Edw. VIL, c. 19, s. 669 (la). First part amended.

un- known.

0

(5) If the place of business and of residence of the owner ^^i^ence. are unknown, and there is no grown-up person residing on^^^^ the lot of the owner which is liable to be specially assessed, service upon the- owner shall not be requisite. New.

(6) If the place of business or of residence of the owner J^gileiice, do not appear upon the assessment roll, the owner may ^® fn°assess°* treated and dealt with as an owner whose place of business nient rou. and of residence are unknown. New.

(7) Publication and service of the notice may be proved Jj^^^j^j^^^f^j^ by affidavit or statutory declaration and the affidavit or statu a"^ .

sGrvIco

tory declaration, before the passing of the by-law by which the special assessment is made to defray the cost of the work, shall be prima facie evidence, and after the passing of the by- law shall be conclusive evidence of the matters set forth in the affidavit or statutory declaration. 3 Edw. VII., c. 19, s. 669 (la). Last part amended.

14.— (1) Where the Couiioil has proceeded on the initi a- Effect of tive plan and has been prevented from undertaking a work by dgainst reason of a petition having been presented under the provis- ^"'^ ions of section 13, tlie Council shall not proceed on the initia- tive plan with regard to the same work for the period of two years after the presentation of the petition : Provided always that in a municipality in which a by-law passed under the pro- Proviso, visions of section 51 is in force the prohibition contained in this section shall not prevent the Council from again pro- ceeding on the initiative plan with regard to such work if it is of a different kind or description from or less expensive than that originally proposed to be undertaken. 3 Edw. VII., c. 19, s. 669 (2). Amended.

(2) Nothing in this section shall prevent the Council from exercising the power conferred by section 9. New.

15. i^^ There shall be set ont opposite to every signa- tiire to the petition for or ;m'ain>t a work a description of the lot of which the petitioner is the owner by its number or such other descri])rioii as will enable the clerk to identify it. New. ^^E

16. — (1) The sufficiency of a petition for or against a workcierk to shall be determined by the clerk, and his determination shall sufficiency be evidenced by his certificate and when so evidenced shall be° ^^ final and conclusive. Nevj, see 3 Edw. VII., c. 19, s. 668 (1).

(2) 3^^ Where the sufficiency of a petition has been de-^*J^**.g ^^

tM-minor] by the Clerk if shall be deemed In ]ia\c been ninl ^^^ ™""ted. to be a sufficient petition .notwithstanrlina' that changes may 100

10

be made by the Court of Revision or by the Judge in the lots to be specially assessed which have the effect of increasing or reducing the number of the lots. New.

Determin- ing value of lota.

Owner whose name Is not on roll may petition.

Case of

Joint

owners.

Witnesses.

Witness fees.

(3) When it is necessary to determine the value of any lot and the same cannot be ascertained from the proper assess- ment roll by reason of the lot not having been separately assessed, or for any other reason, the clerk shall fix and deter- mine the value of such lot and the value thereof as so fixed and determined shall be deemed for the purposes of this Act to be the assessed value thereof, and his determination shall be final and conclusive. New. See 3 Edw. VII., c. 19, 9. 669 (3).

(4) Where a person who is, but does not appear by the last revised assessment roll of the municipality to be, the owner of land is a petitioner, he shall be deemed an owner if his ownership is proved to the satisfaction of the clerk, and if the person who appears by the assessment roll to be the owner is a petitioner his name shall be disregarded in determining the sufficiency of the petition. 3 Edw. VII., c. 19, 8. 669 (5). Amended.

(5) Where two or more persons are jointly assessed for a lot, in determining the sufficiency of a petition

(a) They shall be reckoned as one owner only;

(h) They shall not be entitled to petition unless a major- ity of them concur and the signatures of any of them, unless the petition is signed by the major- ity, shall be disregarded in determining the sufficiency of the petition. New.

(6) The clerk, for the purpose of any inquiry pending before him under the provisions of this section, may cause witnesses to be summoned and to be examined upon oath, and any person interested in the inquiry may, for the purpose of procuring the attendance of a witness, cause a subpoena to be issued out of the County Court of the county in which the municipality lies. New.

(7) A witness, if a resident of the municipality, shall be bound to attend without payment of any fees or conduct money, and if not a resident of the municipality shall be entitled to fees and conduct money according to the County Court scale. New.

(8)

Where any person complains to the clerk that

Complaints

gated by his signature to the petition was obtained by fraud, misrepre- Judgef sentation or duress the complaint shall be investigated and

100

11

determined by a Judge of the County Court and the Clerk shall delay certifying until he has received the finding or report of the Judge upon the complaint and in determining as to the sufficiency of the petition the clerk shall give effect to such finding or report. "^^S

17. A petition for or against the undertaking of a work petujons to shall be lodged with the clerk and shall be deemed to be pre- ^Ith 1:ferk sented to the Council when it is so lodged. New.

18. Xo person shall have the right to withdraw his name withdrawal from, and no name shall be added to, a petition after the clerk ? JoSf Se«- has certified as to its sufficiency. tion.

Proviso. HOW COST OF WOEK TO BE BORNE.

19. — (1) Except as in this Act is otherwise expressly ^■■°|'^*»8r« provided, the entire cost of a work undertaken shall be specially assessed upon the lots abutting directly on the work, according to the extent of their respective frontages thereon, by an equal special rate per foot of such frontage sufficient to defray such cost. 8 Edw. VII., c. 19, s. 665 (1). Amended.

(2) The following may be included in the cost of the^^l^^^^'^^

work ' Included In

cost.

(a.) Engineering expenses.

(&) Cost of advertising and service of notices.

(c) Interest on temporary loans.

{d) Compensation for lands taken for the purposes of the work or injuriously affected by it ^W and the expenses incurred by the Corporation in con- nection with determining such coinpen.'^ation.''''^E

(e) The estimated cost of the issue and sale of deben- tures and any discount allowed to the purchasers of them. New.

20. Where a contractor is employed to construct a pave- Guarantee ment or sidewalk, and the council has required him to guar- antee that lie will -n coiistnict it that it shall, for a period not exceeding ten yciii-s, remain in good condition and suitable for safe and corafort'able travel, and that he will, when required, make good any imperfections therein due to materials, work- manship or construction, in ascertaining the cost of the work 100

12

no deduction shall be made from the sum paid to the con- tractor by reason of such guarantee having been required. 9 Edw. VTI., c. 73, s. 35. Amended.

Corporation 21. There shall be included in. the corporation's portion

portion of f. . . ^ ^

cost. 01 the cost —

(a) At least one-third of the cost oi ft sewer having a sec- tional area of more than four feet ; and

(b) The entire cost of all culverts and other works in con- nection with a sewer or pavement which are prcvided and are required for surface drainage ; and

(c) So much of the cost of a work as is incurred at street intersections. 8 Edw. VII., c. 19, s. 664a and s. 679 ( 1 ) . Amended.

Apportion- ment of cost of sewera.

22. — (1) Where the work is the construction of a sewer the Council may, by a vote of three-fourths of all the members, provide that a certain sum per foot frontage shall be specially assessed upon the land abutting directly on the work and that the remainder of the cost of such sewer shall be borne by the corporation. 7 Edw. VIL, c. 40, s. 32. Amended.

(2) The part of the cost to be borne by the corporation shall not be less than that which, under section 21, is to be included in the corporation's portion of the cost. Neiv.

Corporation 23. — (1) The Council of the corporation of a municipality assume in which there is not m force a by-law passed under the pro- of ^sidewalk visions of section 51 applicable to the work, may by by-law ment^^" passcd at any general or special meeting by & vote of three- fourths of all the members of the Council, provide that such pai't as to the Council may seem proper of the cost of every granolithic, stone, cement, asphalt or brick sidewalk, or JI^^ of every pavement or curbing constructed ""^^ as a local improvement which otherwise would be chargeable upon the land abutting directly on the work, shall be paid by the corporation, 3 Edw. VIL, c. 19, s. 678. Amended.

(2) 1^^ Such by-law shall not be repealed except by a V6le of three-fourths of all the members of the Council.

Reduction ^4. — (1) In the case of corner lots and triangular or

ment^of^" irregularly shaped lots situate at the junction or intersec- corner lots. ^Jq^ Qf streets a reduction shall be made in the special assess- ment which otherwise would be chargeable thereon, suffici- eiit, having regard to the situation, value and superficial

1<K)

13

area of such lots as compared with the other lots, to adjust the assessment on a fair and equitable basis. 3 Edw. VII. c. 19, s. 673 (4). Amended.

(2) Where a lot is for any reason, wholly or in part, unfit J^^J^J^r for building purposes, a reduction shall also be made in the building special assessment which otherwise would be chargeable thereon, sufficient to adjust its assessment as compared with

that of the lots fit for building purposes, on a fair and equit- able basis. 3 Edw. VII. c. 19, s. 673 (6). Amended.

(3) The reduction shall be made by deducting from tlie J^ow^^^^^ total frontage of the lot liable to the special assessment so to be made much thereof as is sufficient to make the proper reduction,

but the whole of the lot shall be charged with the special assessment as so reduced. New.

(4) The amount of any reduction made in the assessment ^^be^borne of any lot under the provisions of this section shall not be ^^^^tion chargeable upon the lots liable to be specially assessed, but

shall be paid by the corporation. New.

25. AMiere the work undertaken is a sidewalk or curbing Assessment only the land abutting on that side of the street upon which of sidewalk the work is constructed shall bo specially assessed. Neiu. "' ^^^^' See 8 Edw. VIT., c. 48, s. 26.

26. — (1) Where the work is a sewer and in order to afford Assessment an outlet for the sewage for any land not abutting directly abutting on the work or for the drainage of it the sewer is of a larger cost of capacity than is required for the purposfe of the abutting land, slwers. such other land may be specially assessed for a fair and just proportion of the cost of the work. 3 Edw. VTI., c. 19, s. 673 (2). Amended.

(2) In the cases provided for by subsection 1, that part Method of

. \ r ^ 1 c I'll 1 • 1 1 • 1 assessment.

of the cost 01 the work tor which the abutting land is to be specially assessed shall be assessed upon it in the manner j)r(>\'ide(l by section 19, and that part of the cost for which such other land is to be specially assessed shall be assessed upon it in the manner provided by sections 28 and 29. New.

27. — (1) Where the work is the construction of a bridge Apportion- or the opening, widening, j|^^ extending, grading, altering cost of a the grade of, diverting or improving """^^ a street, and theopening. etc.. Council is of opinion that for any reason it would be in- ° equitable to charge the cost of the work on the land abutting directly thereon, the Council may provide for the payment by the corporation of such part of the cost, as to the Council may seem jnst, and so much of the residue thereof as may

' 100 "

14

seem just may be specially assessed upon the land abutting directly on the work and so much of such residue as may seem just on such other land as is immediately benefited by the work. 8 Edw. VTL, c. 19, ss. 674 (1-2), 675, 675?;. Amended.

Method of assessment.

Assessment of non- abutting land equaUy benefited.

Assessment of non- abutting land

unequally benefited.

(2) In the cases provided for by subsection 1, that part of the cost of the work for which the abutting land is to be specially assessed shall be assessed thereon in the manner pro- vided by section 19, and that part of the cost for which land not abutting directly on the work is to be specially assessed shall be assessed thereon in the manner provided by sections 28 and 29. New.

28. Where land not abutting directly upon a work is to be specially assessed, if the whole of it is equally benefited the portion of the cost to be borne by such land shall be specially assessed upon the lots according to the extent of their frontage by an equal special rate per foot of such front- age. New.

29. Where land not abutting directly upon a w^ork is to be specially assessed and the whole of it is not equally bene- fited, such land shall be divided into as many districts or sections as there are different proportions of benefit and so that a district or section shall embrace all the land which will be benefited in the same proportion, and its proper portion of the cost shall be assigned to each district x>r section and the portion of the cost to be borne by each district or section shall be specially assessed on the lots therein according to the extent of their frontage by an equal special rate per foot of such frontage. New.

PBOCEDUEE FOB MAKING SPECIAL ASSESSMENT.

Procedure. 30. — (1) Where the ovtmers' portion of the cost is to be specially assessed upon the lots abutting directly on the work by an equal special rate per foot frontage, before passing the by-law for undertaking it, the Council shall procure to be made:

(a) A report as to the lifetime of the work;

(b) A report as to the reductions (if any) which ought

to be made under the provisions of section 24 in respect of any lot and the aggregate amount of such reductions;

(c) An estimate of the cost of the work ; 100

16

(d) A statement of the share or proportion of the cost

which should be borne by the land abutting directly on the work and by the corporation re- spectively ;

(e) A report as to the number of instalments by which

the special assessment should be made payable; and

(2) JJ^^ In the case of a work '^^l part of the o-wners' portion of the cost of which may be specially assessed on land not abutting directly on the work, before passing the by-law for undertaking the work, in addition to procuring the re- ports, and estimate mentioned in subsection 1, the Council shall procure to be made a further report stating :

{a) Whether it would be inequitable to charge the whole of the owners' portion of the cost on the land abutting directly on the work;

(6) If inequitable to do so, what portion of the cost should be borne by the corporation, what portion thereof should be specially assessed upon the land abutting directly on the work, and what land not abutting directly on the work will be immediately benefited and should be specially assessed for any part of the cost and the portion of the cost which should be specially assessed upon it. New. See 3 Edw. VII., c. 19, s. 664, par. 5.

31. ^^^ Before a special assessment is imposed the Council shall procure to be made a special assessment roll, in which shall be entered

(a) J^^ Every lot to be specially assessed in respect of the owners' portion of the cost, the name of the owner and the number of feet of its frontage to be so assessed ; "^^1

(&) J^^ Every lot which, but for the provisions of section 48, would be exempt from the special assessment and the number of feet of its front- age; "^^l

(c) 1^^ The rate per foot with which each lot is to be so assessed;

(d) 3^° The number of instalments by which the special assessment is to be payable.

100

How reports, statements, etc.. to be made.

Holding of Court of Revision.

16

32. The Council may provide for the making of the reports, statements, estimate3 md special assessment roll men- tioned in sections SO and SI in such manner and by such officer of the corporation or person as the Council may deem proper, and may do so by a general by-law applicable to all worjcs or to any class or classes of lihem or by a by-law applicable to the particular work. New. See 3 Edw, VII., c. 19, s. 667.

33. — -(1) Before a special assessment is imposed a sittings of the Court of Revision, for the hearing of complaints against the proposed special assessment, shall be held.

place *of. (2) Ten days' notice of the time and place of the sittings

shall be given by publication, and at least fifteen days before the day appointed for the sittings a notice (Form 3) shall be mailed to the owner of every lot which is to be specially assessed. 3 Edw. VII., c. 19, s. 6T1 (1) last part and (2-3). A mended.

34. The special assessment roll shall be kept open for

Special

assessment

kept*open inspection at the office of the clerk for at least ten days next for ten days, before the day appointed for the sittings of the Court of Revision. 3 Edw. VII., c. 19, s. 671 (4). Amended.

statement of cost of work for Court of Revision.

Powers of Court.

35. A statement showing under appropriate heads the actual cost of the work, verified by the certificate of the Clerk, Assessment Commissioner or Treasurer of the municipality shall be delivered to the Chairman of the Court of Revision before the meeting of the Court. New.

36. — (1) The Court of Revision shall have jurisdiction and power to review the proposed special assessment and to correct the same as to all or any of the following matters :

(a) Where the owners' portion of the cost is to be specially assessed against the land abutting directly on the work, a? to the following matters :

(i) The names of the owners of the lots ;

(ii) The frontage or other measurements of the lots;

I

(iii) The amount of the reduction to be made under the

provisions of section 24 in respect of any lot ;

(iv) As to the lots which, but for the provisions of sec- tion 48, would be exempt from special assess- ment; and

100

17

(v) As to the lifetime of tlie work.

(vi) S^^ As to the rate per foot with which any lot is to he specially assessed. ^""^^

(&) Where part of the owners' portion of the cost is to he specially assessed on land not abutting directly on the work, in addition to the matters mentioned in clause (a), as to the lots other than those abutting directly on the work which are or will be immediately benefited by it, and as to the special assessment which such lots should respectively bear. 3 Edw. VII., c. 19, s. 671 (5). Pai-t amended.

(c) In all cases as to the actual cost of the work. New.

(2) JI^^ The Court of Revision shall not have jurisdic- tion or authority to review or to alter the proportions of the cost of the work which the lands to be specially assessed and the corporation are respectively to bear according to the provisions of the by-law for undertaking the work, ''^^l

37.— (1) Where it appears to the Court of Revision that ^i^J^fJ^^^f any lot which has not been specially assessed should be speci- court^^n ally assessed, before finally determining the matter the Court omission to shall adjourn its sittings to a future day and shall cause tain iota, notice (Form 3) to be given to the owner of such lot of the time and place when the adjourned sittings will be held.

(2) The notice shall be mailed at least six days before the time fixed for the adjourned sittings.

(3) If the Court of Revision determines that any such lot ought to be specially assessed, the Court shall have juris- diction and power to fix and determine the amount of the special assessment thereon. 3 Edw. VII., c. 19, s. 671 (6). Amended.

38, The clerk shall make such corrections in the special when assessment roll as are necessary to give effect to the decisions assessment of the Court of Revision, and the roll when so corrected shall Anal, be certified by the clerk, and when so certified, except in so fai as it may be further amended on appeal to the Judge, shall be valid and binding upon all persons concerned and upon the land specially assessed, notwithstanding any defect, error or omission therein or any defect or error in any notice given or proceeding taken or the omission of any proceeding or thing which ought to have been taken or done before the completion of such revision. 3 Edw. VIL, c. 19, s. 671 (7). Amended.

100

18

Appeal to

County

Judge.

39. — (1) The Ooimcil or the owner of a lot specially assessed may appeal to the Judge of the County Court from any decision of the Court of Ecvision.

^^?E(fw°° (2) '^^^ provisions of The Assessment Act as to appeals VII., c. 23. to the Judge shall apply to an appeal under the pro- visions of subsection 1.

Powers of Judge.

(3) The Judge shall have the like jurisdiction and powers as are conferred on the Court of Revision by section 3G, and the provisions of section 37 shall apply where it appears to the Judge that any lot not specially assessed ought to be so assessed. 3 Edw. VII., c. 19, s. G71 (5). Part amended.

BORROWIXG rOWEKS.

Temporary loans.

40. — (1) The Council may agree with any bank or person for temporary advances to meet the cost of the work pending the completion of it. 3 Edw. VII., c. 19, s. G72 (1) First part amended.

Issue of debentures.

(2) The Council may, when the work undertaken is com- pleted, borrow on the credit of the corporation at large such sums as may be necessary to defray the cost of the work undertaken, including the corporation's portion of the cost, and may issue debentures for the sums so borrowed. 3 Edw. VII., c. 19, s. 672 (1), last part and s. G85 (1). Amended.

Application (3) The provisions of T7ie Consolidated Municipal Act, VII., c. 19. 1903, as to by-laws for creating debts shall apply to by-laws

passed under the authority of subsection 2, except that it

shall not be necessary

(a) That the by-law be submitted to or receive the assent of the electors. 3 Edw. VII., c. 19, s. G79 (2) first part and see s. G85 (1).

(h) That any rate be imposed for the payment of the principal of so much of the money borrowed as represents the owners' portion of the cost or of the interest thereon, other than the special rate per foot frontage imposed to meet it. New.

(c) To comply with the provisions of paragraphs 2, 3 land 4 of section 338 of TJoe Consolidated Muni- cipal Act, 1903. 3 Edw. VII., c. 19, s. G71 (1). First part amended.

100

19

And except that the debentures, save as provided by sec- tion 42, shall be payable within the lifetime of the work. 3 Edw. VII., c. 19, s. G72 (2). First part amended.

(4) The special rates imposed for the owners^ portion of fPfg^g^ig, the cost shall form a special fimd for the payment of the°"^"f's,

, 1 , . , , ' , , . ^ , . ^ , , portion to

debentures issued nnder the anthority of subsection 2 and the form special interest thereon and shall not be applicable to or be applied for any other purpose. New.

(5) If in any year the amonnt realized from the special JJfJ^^lJ ^**« rate imposed to provide for the owners' portion of the cost^^e^cjency in and interest is insufficient to pay the amount fallinp; due in

such year in respect of so much of the debentures as represent the owners' portion of the cost the Council shall provide for the deficiency in the estimates for the followins; year and levy and collect the same by a jfjeneral rate, |^^ bur this shall not relieve the land specially assessed from the special rate thereon. '=^^ New. See 3 Edw. VII., c. 19, s. 6G5 (2).

(6) The amount borrowed under the provisions of sub- ^J^",*^^'jjq^ section 2, in respect of the owners' portion of the cost, shall ^° ^® ^

not be deemed to be part of the existing debenture debt of the of debenture corporation within the meaning of snetion 384 of The Cow- corporation. soUdatcd Municipal Art. 1903. 3 Edw. VII., c. 19, s. 685 (2). First part amended.

(7) Instead of borrowincr the amount of the corporation's Corpora- portion of the cost of a work undertaken the Council may in- portion elude the same in the estimates of the j'ear. Neiv. See^^f^^^^ ^J^

S. 679 (1), last pari. yearly

^ ^' ^ estimates.

41. — (1) Where two or more works hare been constructed Son'of***' and the by-laws provided for by subsection 2 of section 40 ^^■^*'^^- have been passed, instead of borrowing the separate sums thereby authorized to be borrowed and issuing debentures therefor, the council by by-law hereinafter called the con- solidating by-law, may provide for borrowing the aggregate of such separate sums and for issuing one series of deben- tures therefor.

(2) The consolidating by-law shall show by recitals or^«*^***^'- otherwise in respect of what separate by-laws it is passed.

(3) It shall not be necessary that the consolidating by- fe *mposid° law shall impose any rate to provide for the payment of ^be^y„§°",' debentures issued under it or the interest thereon, but theby-'a''- rates imposed by the separate by-laws shall be levied, col- lected and applied for that purpose. New. See 3 Edw.

VII., c. 19, 8. 433. 100

20

Term of annual Instalments of special assessment.

42. — (1) The Council shall impose upon the land liable therefor the special assessment with which it is chargeable in respect of the owners' portion of the cost, and the same shall be payable in such annual instalments as the Council shall prescribe but not so as to extend beyond the lifetime of the work, unless the work is of the class described in clause (;) of section 3, in which case the annual instalments may extend over a period of not more than 40 years. 3 Edw. VII., c. 19, s. 672 (2). Last part amended.

Interest. (2) In fixing the amount of the annual instalments a sum

sufiicient to cover the interest shall be added. New.

Commuta- tion of special rates.

(3) The Council may also either by a general by-law or by a by-law applicable to the particular work prescribe the terms and conditions upon which persons whose lots are specially assessed may commute for a payment in cash the special rates imposed thereon. 3 Edw. VII., c. 19, s. 664, par. 7 part.

Application of 4 Edw. VII.. c. 23, ss. S9-92.

43. The provisions of sections 89 to 92 and the other pro-. visions of The Assessment Act as to the collection and recov- ery of taxes, and the proceedings which may be taken in default of payment thereof, shall apply to the special assess- ments and the special rates imposed for the payment of them. New.

Where 44. If a debt has been incurred by the corporation for or

assessments in respect of a work undertaken and after the incurring of new^as"ss- the debt the special assessment for the work is found or ad- be^made!*^ judged to be invalid or the by-law for borrowing money to defray the cost of the work is quashed or set aside either wholly or in part by reason of any irregularity or illegality in making such assessment or in passing such by-law, the Coun- cil may cause a new assessment to be made or may pass a new by-law when and so often as may be necessary to provide the money required to be raised to discharge the debt so incurred. 3 Edw. VII., c. 19, s. 672 (3). Amended.

EEPAIE OF WOEK.

MaintMi- 45. ^1) After a work undertaken has been completed it

repair of shall during its lifetime be kept in repair by and at the corporation, expense of the corporation. 3 Edw. VII., c. 19, s. 666 (1). Part.

General duty to repair not affected.

(2) iN'othing in this Act shall relieve the corporation from any duty or obligation to keep in repair the highways under its jurisdiction, to which it is subject either at com- mon law or under the provisions of The Consolidated Munici- 100

pal Act, 1903, or otherwise, or impair or prejudicially affect Compelling the rights of any person who is damnified by reason of the to repair, failure of the corporation to discharge such duty or obliga- tion. 4 Edw. VIL, c. 22, s. 31. Amended.

46. — (1) Where, at any iime during the lifetime of a work undertaken, the corporation fails to keep and maintain it in a good and sufficient state of repair, and, after one month's notice in writing by the owner or occupant of any lot specially assessed requiring the corporation to do so does not put the work in repair, a Judge of the High Court, or the Judge of the County Court of the county in which the municipality lies, upon the application of any owner or occupant of any land so specially assessed, may make an order requiring the corporation to put the work in repair. 3 Edw. VII., c. 19, s. 666 (2). Amended.

(2) The Judge may determine what repairs are necessary and by his order may direct them to be made in such manner, within such time and under such supervision as he may deem proper.

(3) Where a person under whose supervision the repairs are to be made is appointed, the Judge may fix and determine the remuneration to be paid to such person and the same shall be paid by the corporation and payment thereof may be en- forced in like manner and by the same process as a judgment for the payment of money.

(4) The order shall have the same effect and may be enforced in like manner as a peremptory mandamus.

(5) If the corporation does not comply with the order of the Judge, in addition to any other remedy to which the applicant for the order may be entitled, the Judge may authorize the repairs to be made by the applicant, and if made by him the cost thereof shall be ascertained and determined by the Judge and when so ascertained and determined pay- ment thereof may be enforced in like manner and by the same process as a judgment for the payment of money.

(6) An appeal shall lie to a Divisional Court of the High Court from any order made under the provisions of this sec- tion, and the procedure where the appeal is from an order of a Judge of the High Court shall be the same as on an appeal from an order made in an action in the High Court, and if the appeal is from an order of a Judge of a County Court the same as on an appeal from an appealable order made in an

action in the County Court. New. 100

ASSESSMENT OF LAND EXEMPT FROM TAXATION.

Certain 47. Land on whicli a church or place of worship is erected,

empt from or which is used in connection therewith, and the land of a

ifabieTo be University, college or seminary of learning, whether vested

assessed. ^^ ^ trustee 01 otherwise, which is exempt from taxation under

The Assessment Act, except schools maintained in whole or in

part by a legislative grant or a school tax, shall be liable to

be specially assessed. 3 Edw. VII., c. 19, ss. 683, 684 (1).

Part amended.

Land ex- empt from taxation for local im- provements to be specially assessed.

Cleaning,

watering,

ligliting

streets,

etc.

48. Land exempt from taxation for local improvements under any general or special Act shall nevertheless, for all purposes except petitioning for or against undertaking a work, be subject to the provisions of this Act and shall be specially assessed ; but the special assessments imposed there- on which fall due while such land remains exempt, shall not be collected or collectable from the owner thereof but shall be paid by the corporation. 3 Edw. VII., c. 19, s. 684, (J) yart and (2) amended.

IS^^ STREET CLEANING^ ETC.

49. — (1) The council may by by-law provide that there- after the annual cost of cleaning, clearing of snow and ice, watering, oiling, sweeping, lighting, cutting grass and weeds, and trimming trees and shrubbery on any street, or any one or more of such services shall be specially assessed upon the land abutting directly on such street, J^^ according to the frontage thereof, and the foregoing provisions of this Act shall not apply to such services. "^^B

(2) Instead of naming the particular street or streets the by-law may apply to all the streets in a defined section or sections of the municipality.

(3) Where the council so provides the amount of the spec- ial rate imposed to defray such cost may be entered on the collector's roll and collected in like manner as other taxes. 3 Edw. VIL, c. 19, ss. 682 (3) and 686. Amended.

(4) S^^ The by-law shall remain in force from year to year until repealed. ""^S

J^^ SPECIAL PROVISIONS AS TO TOWNSHIPS, VILLAGES, ETC. '^^l

^flVT*"^^ 50.— (1) The council of a township or village and the engines. Board of Police Trustees of a police village may undertake as a local improvement 100

(a) The construction of waterworks.

(h) The purchase of fire engines and other appliances for the purpose of fire protection ;

(c) The laying of mains and other appliances to con- nect with any existing system of water works, whether owned by the corporation or by any other person.

(2) The council, by the by-law for undertaking the work, may provide that the owners' portion of the cost shall be specially assessed against the land in any defined section or sections of the municipality and that the annual cost of managing and maintaining the work shall be assessed against and levied upon such land. 3 Edw. YII., c. 19, s. 687 (1-2) ; 10 Edw. VII., c. 85, s. 17. Amended.

(3) In the case of the purchase of fire engines and other ^^"^^^l?^^*"" appliances for the purpose of fire protection, the council or fire engines board of police trustees may, by by-law, provide for appuancea

(a) The election of a board of three trustees; and the time and manner of holding the election.

(h) The term of office of such trustees ;

(c) Filling vacancies in such board;

(d) The election of an auditor ;

(e) The appointment of a second auditor by such board ; (/) The duties of such auditors.

7 Edw. VII., c. 40, s. 35. Amended.

(4) The board of trustees shall have the care, control and ^o^n7ro?"of management of sjich fire engines and appliances. 3 Edw. gnlines. etc. VII., c. 19,8. 687 (5).

(5) No person shall be entitled to vote at the election of {jon^of"*' such trustees unless he is the owner of land to be specially ^,°Jp^j^^„ '°5 assessed under the provisions of subsection 2, and is also trustees, qualified to vote at municipal elections. 3 Edw. VII., c. 19,

s. 687 (6). Amended. 100

24

ADOPTION OP LOCAL IMPROVEMENT SYSTEM.

Adoption of local Im- provement system.

51. — (1) The council of a corporation by by-law passed with the assent of the municipal electors, in accordance with the 13 revisions of The Consolidated Municipal Act, 190S, may provide that all works which may be undertaken as local improvements, or any one or more classes or descriptions of such works thereafter, or after a day named in the by-law, shall be undertaken as local improvements and not otherwise.

Repeal of By-law.

(2) The by-law may be repealed, but only by a by-law passed with the like assent. 3 Edw. VII. c. 19, s. 682 (1) and (2). Part^ amended.

Special rates and covenant against In- cumbrances,

MISCELLANEOUS.

52. The special assessment and the special rates charged or chargeable upon land for or in respect of the cost of any work undertaken, whether upon petition or otherwise, except so much of them as is in arrear and unpaid shall not, as be- tween a vendor and a purchaser, or as respects a covenant against incumbrances, or for the right to convey, or for quiet possession free from incumlbrances, be deemed to be an in- cumbrance upon the land upon which the special rate is charged or chargeable. 3 Edw. VII., c. 19, s. 681. Amended.

may"be^°^^ ^^' Proceedings for undertaking a work begun by one completed, council may be continued, and the work may be begun, con- tinued and completed by a succeeding council. New, see 3 Edw. VII., c. 19, s. 669 (4).

Municipal

Board

may

prescribe

forms.

Repeal.

54. The Ontario Kailway and Municipal Board may approve of forms of by-laws, notices and other proceedings to be passed, given or taken under or in carrying out the pro- visions of this Act, and every by-law, notice or other pro- ceeding which is in substantial conformity with the form so approved shall not be open to objection on the ground that it is not in the form required by the provisions of this Act applicable thereto, |^^ but the use of such forms shall not be obligatory. "^^ New. See 3 Edw. VII., c. 19, s. 670.

55.— (1) Sections 385, 433 and 664 to 693 of The Con- solidated Municipal Act, 1903 and all amendments thereto are repealed.

Pending pro- (2) jl^^ Where proceedings have been begun before the

ceeding-snot ^ .' . ,. . /- , ° , x- j j

affected. passmg 01 this Act tne same may be continued and com- pleted under the provisions of the enactments repealed by subsection (1), but sections 40, 41 and 46 of this Act shall apply to the work when completed. New."^"^^ 100

25 FORM 1.

Sbgtion 11.

Take notice that

1. The Council of the Corporation of the of

intends to construct as a local improvement (describe the work) on {or in) street, between (describe the points between

which the work is to be constructed) and intends to specially assess a part of the cost upon the land abutting directly on the work (in case other land is to be specially assessed add) and upon the follow- ing land which is immediately benefited by the work (describe the land).

2. The estimated cost of the work is $ , of which I is to be paid by the Corporation. The estimated special rate per foot frontage is . The special assessment is to be paid in annual ins-talments.

3. A petition against the work will not avail to prevent its con- struction.

Dated

Clerk.

(Note. — Where that part of the municipality in which the land to be specially assessed is situate is divided into districts or sec- tions the form will be altered to show the special rate per foot frontage in each district or section.)

FORM 2.

Section 13.

Take notice that 1. The Council of the Municipal Corporation of the of intends to construct (describe the work) on (or

in) street between (describe the points between which the

work is to be constructed) as a local improvement and intends to specially assess a part of the cost upon the land abutting directly on the work (in case other land is to be specially assessed add) and upon the following land wliich is immediately benefited by the work (describe the land).

2. The estimated cost of the work is $ , of which I is to be paid by the Corporation, and the estimated eipecial rate per foot frontage is The special assessment is to be paid in annual instalments.

3. Persons desiring to petition against undertaking the work must do so on or before the day of 19 .

Dated

Clerk.

(Note. — Where that part of the municipality in which the land to be specially assessed is situate is divided into districts or sec- tions the form will be altered to show the special rate per foot frontage in each district or section.)

FORM 3. Sections 33 (2) and 37.

Take notice that

1. The Council of the Corporation of the of

has constructed as a local improvement (describe the work) on (or in) street between (describe the points between

which the work has been constructed).

100

26

2. The cost of the work Is $ , of which $

is to be paid by the Corporation. The special rate per foot frontage is . The special assessment is to be paid in

annual instalments.

3. The estimated lifetime of the worlc is years.

4. A Court of Revision will be held on the day

19 , at o'clock at the (insert place of meeting)

for the purpose of hearing complaints against the proposed assess- ments or the accuracy of frontage measurements and any other complaint -which persons interested may desire to make and which is by law cognizable by the Court. or {where the Court of Revision proceeds under section 37).

4. You are served with this notice because the Court of Revision Is of opinion that your lot though not specially assessed should be specially assessed in respect of the owners' portion of the cost of the work and an adjourned sittings of the Court will be held on the day of 19 , at o'clock at the

(insert place of meeting) when the matter will be determined by the Court.

Dated

Clerk.

(Note. — Where that part of the municipality in which the land to be specially assessed is situate is divided into districts or sec- tions the form will he altered to show the special rate per foot frontage in each district or section.)

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No. 101. •

1911.

BILL

An Act respecting Pawnbrokers.

Short Title, s. 1. Interpretation, s. 2. License of pawnbroker, ss. 3-5. A.CTS OF agents, servants and

apprentices, s. 6. Sign and notice of rates to be

exhibited, s. 7. Books to be kept, s. 8. Memorandum to pawner and

other details to be observed,

ss. 9-!l2. Pawning goods of others, or

GOODS partly manufactured,

ss. 13, 14. Search warrant, s. 15. Daily report to police, s. 16. Inspection by police, s. 17. Gold or silver not to be melted,

8. 18. Holder of memorandum entitled

to goods, s. 19.

Liability of pawnbroker for LOSS by fire, s. 20.

Refusal to deliver goods on redemption, s. 21.

Proceedings when goods im- paired in value, s. 22.

Proceedings on notice not to deliver, s. 23.

Sale of unredeemed goods, ss. 24, 26.

Restrictions on pawnbroker, s. 2«.

Pawnbroker bound to produce

BOOKS, ETC., s. 2i7.

Fees of justices, s. 28.

Application of penalties, s. 29.

Limitation of prosecutions, s. 30.

Liability of executors of pawn- broker, s. 31.

Repeal, s. 32.

HIS MAJESTY, hj and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. This Act may be cited as The Ontario Parvnhrohers Act. short title.

New.

Interpretation.

Interpreta- tion.

2.— (1) In this Act

(a) "Municipality" shall not include county;

(b) " Pawnbroker," shall mean a person who exercises •• Pawn-

the trade of receiving or taking by way of pawn^™*^®""' or pledge any goods for the repayment of money lent thereon ;

(c) " Pawner," shall mean a person delivering an article " Pawner."

for pawn to a pawnbroker ; 101 . • '

" Pawn ticket."

" Pledge."

" Shop."

(d) " Pawn ticket," shall mean the note or memoran-

dum referred to in section 9 ;

(e) " Pledge," shall mean an article pawned with a

pawnbroker ;

(/) " Shop," shall include dwelling-house and ware- house or other place of business or place where business is transacted.

Jons^'o b^^^' (2) In order to prevent evasion of the provisions of this Pawnbrokers ''^^'^ ©Very person shall be deemed to be a pawnbroker who

35 and 36 V. Imp., c. 93, ss. 5. and 6.

(a) Keeps a shop for the purchase or sale of goods or chattels, or for taking in goods or chattels by way of security for money advanced thereon ; or

(h) Purchases or receives or takes in goods or chattels and pays or advances or lends thereon any sum of money not exceeding $50

with or under an agreement or understanding expressed or implied or to be from the nature and character of the dfealing reasonably inferred that those goods or chattels may be afterwards redeemed or repurchased on any terms; and every such transaction, payment, advance and loan shall be deemed a pawning, pledging and loan respectively under this Act. New.

License.

Pawnbrokers to be licensed.

Fee for license.

3. — (1) IvTo person shall exercise the trade of a pawn- broker unless he obtains a license therefor under the hand of the treasurer of the municipality in which he carries on or purposes to carry on such trade, nor unless he obtains a renewal of the same annually, but no license shall be issued or renewed, unless under the authority of a by-law of the council of the municipality. E.'S.O. 1897, c. 1*88, s. 2.

(2) A license or renewal may be refused without any cause assigned. Y Edw. VTT. c. 33, s. 1.

(3) The sum of $60 shall be paid for every license or re- newal thereof to the treasurer, for the use of the municipal- ity, and every pawnbroker shall give to the municipality security to the satisfaction of the treasurer thereof in the sum of $1,000, for the due observance by him of the provi- sions of this Act. E.S.O. 1897, c. 188, s. 4; 7 Edw. VII. c. 33, s. 1.

101

(4) Every person exercising sucli trade without having Penalty for obtained a license or renewal thereof shall incur a penaltvtake out of $50 for every pledge he takes. R.S.O. 189Y, c. 188, s. p;.-"^^'^^-

4. No person shall, by virtne of one license, keep more License to than one shop. R.S.O. 1897, c. 188, s. 5. onrshop.''

5. Only one license shall be necessary where two or more Partners, persons carry on trade as pawnbrokers in partnership in the

same shop. ' R.S.O. 1897, c. 188, s. 6.

6. For the purposes of this Act anything done or omitted Agents, ser-

^ ^ . c 1 1 • 1 vants and

by the servant, apprentice or agent ol a pawnbroker in the apprentices course of or in relation to the business of a pawnbroker shall brokers, be deemed to be done or omitted, as the case may be, by the pawnbroker ; and any thing by this Act authorized to be done im * 1* ga.'^'" by a pawnbroker may be done by his sen^ant, apprentice or^- ^• agent. New.

Duties of Pawribroher.

7. — (1) Every pawnbroker shall always

(a) Keep exhibited in large, legible characters on a sign sign to be over the outer door of his shop his name and the pl^nbroken word " Pawnbroker " ; and

{h) Keep displayed in a conspicuous part of his shop a Notice of notice painted or printed in English in large, ^i^o^ed. legible characters so as to be visible to any person pawning or redeeming pledges showing the rate of profit authorized by law to be taken and also the various prices of the pawntickets to be given according to the rates hereinafter mentioned and of the expense of obtaining a copy of the pawn- ticket where the pawnticket has been lost, mislaid, destroyed or fraudulently obtained from the pawner.

(2) If a pawnbroker fails in any respect to comply with thig requirements of this section he shall incur a penalty not exceeding $40. R.S.O. 1897, c. 188, ss. 7, 8 and 9. Amended.

8. — (1) Every pawnbroker who takes a pledge in pawn j^triea to whereon a sum exceeding $1 is lent, shall, before he lends ^e J^^rokJw. money thereon, enter in English in a fair and legible manner in a book to be kept by him for that purpose a description of the pledge, the sum lent thereon, with the day of the month and year and the name and a description of the pawner and the name of the street and number of the house where he 101

If above $2 lent.

Note giving description of goods to be given to the pawner.

Charges for note.

resides, and whether he is a lodger in or the keeper of suoh ^oiise, hy using the letter L if a lodger, and the letter H if a housekf^eper, and also the name and place of abode of the owner according to the information of the pawner, into all which circumstances the pawnbroker shall inquire of him before any money is lent.

(2) If the sum lent does not exceed $1, a similar entry shall be made in such book within four hours after the goods have been pawned. R.S.O. 1897, c. 188, s. 10 ; 7 Edw. VII. c. 33, s. 2.

(3) Where more than $2 is lent upon a pledge the en- tries shall bo made in respect thereof in a separate book to be kept for that purpose.

(4) The entries shall be numbered in the books consecu- tively in the order in which the pledges are pawned in the following manner, viz. : the first pledge received in pawn as No. 1, the second as No. 2, and so on until the end of the month, and in like manner in every succeeding p^ionth and upon every pawnticket respecting such pledge shall be writ- ten the number of entry of the pledge so entered in the book. RjS.O. 1897, c. 188, s. 11. Amended.

9. At the time of taking any pledge, a note or memoran- dum, written or printed, shall be given to the pawner, con- taining a description of the pledge and a statement of the sum lent thereon, with the day of the month and year and the name of the pawner and the name of the street, number of the house where he resides, and M^hether he is a lodger in or the keeper of suoh house, by using the letters L or H, and upon such note or memorandum, or on the back thereof, shall be written or printed the name and place of abode of the pawnbroker and the rates of interest which may lawfully be charged, which note or memorandum the pawner is required to take and unless he takes the same, the pawnbroker shall not take the pledge in pawn. R.S.O. 1897, c. 188, s. 12; 7 Edw. VII. c. 33, s. 3.

10. — (1) When the sum lent is less than $20 the pawn- broker may take five cents for the pawnticket.

(2) When the sum lent is $20 or more he may take ten cents. 7 Edw. VII. c. 33, s. 4.

The note to be after- wards pro- duced.

11. Except as hereinafter provided the pawnbroker shall not be bound to re-deliver the goods, unless and until the pawnticket is produced and delivered to him. R.S.O. 1897, c. 188, s. 14.

101

12. A duplicate of the pawnticket shall be affixed to the a duplicate pledge, and where the pledge is redeemed, tlu; pawnbroker to the ^^ds. shall write or endorse on the duplicate, the profit taken by After him for the pledge, and shall keep the duplicate in his ens- '"^*'^'"p"°"- tody for one year after redemption. R.S.O. 1897, c. 188, s. 15.

Unlawful Pawning.

13. — (1) Any person who knowingly and designedly penalty for pawns anything being the property of another person, unless ^^^"g^^f^ employed or authorized by the owner so to do, shall incur <^thers. a penalty of not more than $20 nor less than $4, and a fur- ther penalty of a sum equal to the full value of the pledge, as ascertained by the convicting justice. R.S.O. 1897, c. 188, s. ]fi. Amended.

(2) The penalties shall be applied towards making satis- Forfeitures, faction to the person injured, and defraying the costs of the ^"^ f>ppi>ed. prosecution, as may be adjudged reasonable by the convict- ing justice. R.S.6. 1897, c. 188, s. 17.

14. A pawnbroker who knowingly takes in pawn any Consequence linen or wearing apparel, or unfinished goods, or materials goods in^ entrusted to any person to wash, scour, iron, mend, manu-^'orkrmn,'" facture, work up, finish or make up, stall be guilty of an®*^- offence against this Act and shall incur a penalty not exceed- |^P-^t ing double the amount of the loan \and shall forthwith c. 32, s. '35. restore the pledge to the lawful owner in the presence of the convicting justice or as may be directed by him. R.S.O. 1897, c. 188, s. 18. Amended.

15. — (1) Tf the pawnbroker on request by a constable constable authorized by a search warrant issued under the authority i™f^' ^I2p^ of The Ontario Summary Convictions Act to search the shopj^ ^^^ y„ refuses to open the sihop and permit it to be searched, the^- 37. constable may break it open and search as he may think fit imp. Act therein for such goods or articles doing no wilful damage, c. 93, a '36, and any pawnbroker or other person who opposes or hinders ^"'^** the search shall incur a penalty not exceeding $100. R.S.O. penalty. 1897, c. 188, 8. 19. Amended.

(2) If in the search any of the goods in respect of which Restoration the warrant was issued are found and the property of the found on owner is made out to the satisfaction of the Justice he shall ^^^'^ ' cause the same to be forthwith restored to the owner, ssi^j'^/* R.S.O. 1897, c. 188, s. 20. Amended. J;^'- «• »«.

[As to search warrants see The Ontario Summary Convic- tions Act.l 101

6

I>ally report

Reports to Police.

16. ( I ) l'!\ ( 1 V |i;i\vii'brokor .shall before 10 o'clock in the forenoon of every hiisijiess djiy rej)ort \f\ (he chief constable or (o such otJier person as may be designated by by-law of (he council of the municipality on forms to be furnished by the corporation thereof, a description of all pledges received by him in pawn on the next preceding business day together with the numbers of the pawntickets issued therefor and the amounts loaned.

Penalty.

(2) Every person contravening this section shall incur a penalty not exceeding $40. 7 Edw. VIT. c. 33, s. 5, part. Amended.

hy^poHce? ^^ ' ^he chief constable or an ojSSoer authorized in writing

by him or by the police magistrate or any member of the Ontario Provincial or Dominion police force may at all times inspect a pawnbroker's book and shall have access to all books and papers and all pledges and when engaged in such inspection may take with him such other persons as he may deem advisable. T Edw. VII. c. 33, s. 5, part.

Gold and silver not to he melted.

Gold and ^^ 18, Gold or silver which has been pawned shall not be be melted, melted by a pawnbroker unless specially authorized by the

council of the municipality. Y Edw. VII. c. 33, s. 5, part.

Amended.

Holder of note to be considered owner.

35-36 Vict (Imp.), c. 93, s. 25.

Right of holder of pawnticket.

19. The holder for the time being of a pawnticket shall as between the pawner and the pawnbroker be presumed to be the person entitled to redeem the pledge, and, subject to the provisions of this Act, the pawnbroker shall accordingly, on payment of the loan and profit, deliver the pledge to the person producing the pa'woiticket. R.S.O. 1897, c. 188, s. 22. Amended.

Liability of pawnbroker in case of flre.

Imp. Act 35-36 v., c. 93, s. 27.

Pledge destroyed or damaged hy fire.

20. — (1) Where a pledge is destroyed or damaged by or in consequence of fire the pawnbroker shall nevertheless be liable on application within the period during which the pledge would have been redeemable to pay the value of the pledge after deducting the amount of the loan and profit, such value to be the amount of the loan and profit and twenty- five per cent, on the amount of the loan.

(2) A pawnbroker shall have an insurable interest in the pledge to the extent of the value so estimated. New.

101

Redemption of Pledges.

21. — (1) If within one year after a pledge lias been if pawner pawned exclusive of the day on which it was pawned the redeem pawner, or other person on his behalf, tenders to the pawn- year!"and broker the pawnticket and also the principal money borrowed, ^g^gj^to^'' and the profit according to the lawful rates, and the person ^'^*^J® who took the pledge neglects or refuses, without reasonable cause, to deliver back the goods so pawned, the pawner may make oath thereof before a Justice of the Peace, who shall summon such person before him, and shall examine on oath the parties and their witnesses touching the premises.

(2) If tender of the pawnticket with the principal sum lent, and lawful profit tbereon, is proved to have been made within such time, then on payment by the pawner of the principal money and the lawful profit due thereon, or, if the pawnbroker refuses to accept thereof on tender before the Justice, the Justice shall, by order under his hand, direct the pledge to be forthwith delivered to the pawner, or, if it has been sold, embezzled, lost, mislaid or destroyed, shall direct the pawnbroker to make satisfaction for the value thereof to be fixed by the Justice, subject to the provisions of section 20, and if the pawnbroker neglects or refuses to deliver up the pledge or to make satisfaction for the value thereof the Justice shall commit him to the common gaol for a period not exceeding three months or until he delivers up the pledge, or makes satisfaction for the value thereof pur- suant to the order. R.S.O. 189Y, c. 188, s. 21. Amended.

22. If a person entitled and offering to redeem a pledge oompensa- shows to the satisfaction of a Justice of the Peace that the depreciation pledge has b(^oime or has been rendered of less value than °^ p^^''^^- it was at the time of the pawning thereof by or through theg^^g y;^ default, neglect or wilful misbehaviour of the pawnbroker,'^- ^^' ^- ^^• the Justice may award a reasonable satisfaction to the owner

of the pledge in respect of the damage, and the amount awarded shall be deducted from the amount payable to the pawnbroker or shall be paid by the pawnbroker, as the case requires, in such manner as the Justice directs, and in case of default, the paAvnbroker shall be liable to tjhe punishment mentioned in section 21. New.

23. The -provisions of this section shall have effect for the Protection of [irotection of persons entitled to redeem a pledge and pawners prrsorfs n"^ not having their pawntickets to produce. pawn?

tickets.

(a) Any person claiming to be entitled to redeem a^^,^,^"^ ^^j pledge, but not holding the pawnticket, may »■ 29' (imp.), apply to the pawnbroker for a copy of the pawn-

101

8

ticket and a printed form of affidavit which the pawnbroker shall deliver to him;

(h) If the claimant proves to the satisfaction of a Justice of the Peace his right to redeem the pledge and on or before the third day after the day on which the form of affidavit is delivered to him by the pawnbroker, exclusive of days on which the pawnbroker is proihibited from carry- ing on business, delivers back to the pawnbroker the affidavit duly sworn endorsed with a certifi- cate of the Justice that such proof has been made, the claimant shall have, as between him and the pawnbroker, all the rights and remedies which he would have had if he had produced his pawnticket ;

(c) The pawnbroker shall not be bound to deliver the

pledge to any person until the expiration of such three days ;

(d) The pawnbroker shall be indemnified for deliver-

ing the pledge or otherwise acting in conformity with the affidavit and certificate, unless he has notice that the affidavit is fraudulent or false in any material particular ;

(e) If the money lent is under $20 the pawnbroker

may take for the copy and affidavit five cents, or if it is $20 or more he may take ten cents. Netv. See RS.O. 1897, c. 188, s. 23.

[As to lawful rates see R. 8. C. Cap. 121, sees. S, ^.]

Pledges for 24. — (1) A pledge pawned for $2 or less, if not redeemed not redeemed within the year of redemption shall, at the end thereof, be- forfe^ed. comc and be the pawnbroker's absolute property.

Imp. Act 35 and 36 V., c. 93, s. 17.

Pledgees over (2) A pledge pawned for more than $2 shall continue able until redeemable until it is disposed of as in this Act provided, Imp! Act although the year of redemption has expired. New.

35 and 36 V., c. 93, S.18.

Sale of Pledges.

When to be 25. — (1) When the sum lent exceeds $2 the pledge shall auction. be sold at public auction, and not otherwise. R.S.O. 1897, c. 188, s. 25.

Before sale, (2) Bcfore such salc, the articles pawned shall be exposed exposed to to public view, and an advertisement thereof containing the

101

name and place of abode of the pawnbroker, a description of view and the articles separately, the month the pledge was received tised. in pawn and the number of the pledge, shall be published on two separate days in a public newspaper published in the municipality, and the second advertisement shall be published at least two clear days before the first day of sale. R.S.O. 189Y, c. 188, s. 26. Amended.

(3) If the articles are not described separately in the J'^j'^^p^^^pg'^,^ advertisement, the pawnbroker shall incur a penalty payable describing, to the owner of the pledge of not less than $8 nor more than

$40. RS.O. 1897, c. 188, s. 27.

(4) A pawnbroker may bid for and purcliase at a sale by^P-j^^j^^g y auction made or purporting to be made under this Act ac- 93, s. i9, pledge pawned with him, and on such purchase he shall be deemed the absolute owner of the pledge purchased. New.

(5) Where a pawnbroker bids at a sale the auctioneer shall l^^Jf--. sched. not take the bidding in any other form than that in which

he takes the biddings of other persons at the same sale; and the auctioneer on knocking doAvn any article to a pawnbroker shall forthwith declare audibly the name of the pawnbroker as purchaser. New.

(6) The pawnbroker shall enter in a book, to be kept for Account of that purpose, a just account of the sale, showing therein the kept and day of the month on which the articles were pledged, the^*^''^^' name of the pawner, the day when, and the money for which

each article pledged was sold, and the name and abode of the auctioneer. RS.O. 1897, c. 188, s. 28.

(7) If the pledge is sold for more than was due thereon, ^*^j^^ **' the overplus, after deducting the necessary costs and charges

of the sale and advertisement, shall be paid to the pawner by whom or upon whose account the pledge was pawned. R.S.O. 1897, c. 188, s. 29.

(8) The pawner or the person for whom the pledge wasi'awner may pawned or his executor, administrator or assignee, shall have entries.

the right to inspect the entry made of the sale, on paying five cents for the inspection. R.S.O. 1897, c. 188, s. 30.

(9) If the pawnbroker refuses to permit the pawner or consequence the person for whom the pledge was pawned or his executor, to permit adrainiatrator or assignee upon the production of the probate ^^

or letters of administration or the assignment to inspect such entry, or if the pledge was sold for more than the sum entered in such book, or if the pawnbroker did not make such entry, or did not in good faith sell the pledge according to the pro-

101

10

P visions of this Ad, or refuses to pay the overplus on demand,

in addition to any othrr liability, he shall incur a penalty of not less than $40 or more tihan $100, and the convicting Justice may award the whole or any part of the penalty to the person aggrieved. K.S.O. 189Y, c. 188, s. 31. Amended.

Restrictions upon Pawnhrohers. Restrictions 26. — (1) A pawnbroker shall not —

upon pawn- \ / r

brokers.

(a) Purchase any article or receive or take any pledge in pawn from any person Who appears to be under the age of fifteen years, or to be intoxi- cated; or

(h) Purchase or take in pawn a pawnticket issued by any other pawnbroker; or

(c) Employ or permit any servant or other person under

sixteen years of age to take pledges in pawn ; or

(d) Carry on the business of a pawnbroker on Sunday,

Good Friday, Christmas Day or any day ap- pointed by the Governor-General or the Lieu- tenant-Governor for a general fast or thanksgiv- ing or on any other day before eight o'clock in the morning or after eight o'clock in the even- ing, except on Saturday evening and the even- ings preceding Good Friday and Christmas Day, on which evenings he may keep tis shop open until ten o'clock; or R.S.O. 1897, c. 188, s. 33. Amended.

(e) Under any pretence purchase except at public auc-

tion any pledge while in pawn with, him; or RS.O. 1897, c. 188, s. 32. Amended.

35^36 v^*^ (f^ Suffer any pledge while in pawn with him to be

c. 93, s.'32. redeemed with a view to his purchasing it; or

(g) Make any contract or agreement with any person pawning or offering to pawn any article or with the owner thereof for the purchase, sale or dis- position thereof, within the time of redemption; or

(h) Sell or otherwise dispose of any pledge pawned with Eim. except at such time and in such manner as is authorized by this Act. New.

101

11

(2) For any contravention of this section a pawnbroker Penalty, shall incur a penalty of not less than $20 or more than $40. New.

27. When the Justice is of the opinion that the produc- pawnbroker tion of any pawnhook, voucher, pawnticket or other docu- p?oduce*° ment, which is or ought to be in the hands, custody or power pI^^"'*'^*'^' of a pawnbroker is necessary, he shall summon him to attend

with it, and the pawnbroker shall be bound to produce it in the state in which it was when the pledge was pawned, and if he ne.a:lects or refuses to attend or to produce it in its true and perfect state, he shall, unless he shews good cause to the satisfaction of the Justice, incur a penalty of not less than

$20 nor more t^han $40. RS.O. 1897, c. 188, s. 37.

\

28. ^"0 fee shall be taken by a Justice of the Peace for^o fee on any summons or warrant granted by him under this Act, so summons or far as fhe same relates to a pledge. K.S.O. 1897, c. 188, '^^^'^^^ '

s. 38.

Penalties.

29. Unless w'here otherwise provided all penalties re- Penalties to covered under this Act shall belong to the municipality in niunicipaiity. which the offence was committed and be paid over to the , treasurer thereof. R.S.O. 1897, c. 188, s. 39.

30. The penalties imposed by or under the autJhority ©"f^erare""^'

this Act s'hall be reeoverafble under The Ontario Summary T^^covered.

Convictions Act, except that an information may be laidio Edw. vii..

within twelve months next after the offence was committed.

RS.O. 1897, c. 188, ss. 40 and 41. Amended. of prosecu-

tions.

Personal representative of PawnbroTcer.

31. The provisions of this Act shall extend to the execu-fct to extend

to 6X6CUlOI*S

tor and administrator of a deceased pawnbroker, but he shalladministra- not be answerable for any penalty personally or out of his' ° ' own estate, unless the same was incurred by reason of his own act or negle<^:. RS.O. 1897, c. 188, 8.42.

Repeal.

32. Chapter 188 of the "Revised Statutes, 1897, and Ohap-^P**'- tor 33 of the Acts passed in the 7th year of the reign of His

late TVfniestv Xing "Fdward tho Seventh, are repealed.

101

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No. 102.

BILL

1911.

An Act to amend The Power Commission Act and The Ontario Kailway and Municipal Board Act,

1906.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. The Ontario RaUway and Municipal Board Act, 1906, '; e^iw. vii.. is amended by inserting between sections 19 and 20 thereof amended. the following sections : ^

19 a. The Board may from time to time make orders Poweia .t and regulations as to the construction, operation, atfd afuni- protection, and inspection of the works, plant, aL^to power machinery, appliances and equipment for trans- slo^'^^etc mission and distribution of electrical power by municipal corporations, and railway, power, or transmission companies.

19 6 Any municipal corpuratiuii, (•()iii[)aii_y or person icnaity for neglecting or refusing to obey and carry out the f,'i^'"'f,^.dp'. order or direction of the Board oi- the member "^ Hoard. thereof before whom the complaint was heard, or to comply with any order or regulation under the next precetiing subsection, in addition to any other liability, shall forfeit to His Majesty, for the uses of the Province, the sum of $100 for every day during which such refusal or neglect shall continue.

2. Subsections 4 and 5 of section 22 of The. l/ower Coin- loiouw. mission Act, as enacted by section 4 of the Act passed in the s.V,repea?eti lOth year of the reign of His late AI;iie~ty :i'h1 chaptered IH.

are repealed.

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Fo. 103

BILL

1911

An Act^respecting the Law and Transfer of Property.

Shobt Title, s. 1. Interpketation, s. 2. Corporeal tenements to lie in grant as well as livery,

S. 3.

Feoffments to be by deed and innocent, s. 4.

Words of limitation unneces- sary, s. 5.

Receipt in deed sufficient, s. 6.

Receipt to be evidence fob sub- sequent purchaser, s. 7.

Rights of purchaser as to exe- cution OF deed, s. 8.

Partition, exchange, etc., to be by deed, ss. 9, 12.

Contingent interests, etc., may

BE disposed of BY DEED, S. IQ.

Words " Grant " and " Ex- change," effect of, s. 11.

Grantees, etc., to take as ten- ants IN COMMON AND NOT AS

joint tenants, s. 13. Land acquired by possession by

two ob more persons, s. 14. Conveyance to include whole

estate of grantor, s. 15. Deeds of bargain and sale, by

corporations, s. 16. Provision fob sales free from

incumbrances, s. 17. Implied covenants, s. 18. Covenants to bind heirs, s. 19. Powers, mode of execution, etc.,

SS. 20-22.

Illusory appointments, s. 23.

Tenancy by curtesy, s. 24.

Waste, ss. 25-28.

Rent charges, effect of partial release, s. 29.

Scintilla juris no longer neces- sary, s. 30.

Contingent remainder not to

BE DEFEATED BY FORFEITURE, SUEBENDER or MERGER OF PRE- CEDING ESTATE, ss. 31-32.

Improvements made under mis- take OP title, s. 33. Purchases of reversions, s. 34. Purchaser for value without

NOTICE, s. 35. Conveyance by a person to him- self OR to his wife, etc, s. 36.

Rights of posthumous chh^dben, s. 37.

Production of cestuis que vie and tenants for life, ss. 38-44.

Assignments of choses in action, s. 45.

Debentures of corporations, s.

46. Auctions of estates, ss. 47^0. Frauds in sales and mortgages,

s. 51.

Effect of obdebs of court, s. 52. Repeal, s. 53.

HIS MAJESTY, by and with the advice and consent of the Legisla4;ive Assembly of the Province of Ontario, enacts as follows : —

1. This Act may be cited as The Conveyancing and Law of g^^j^ tiue. Property Act.

2. In this Act, 108

Interpre- tation.

2

Conveyance.

Convey.

I..and.

Mortgage.

Mortgage money.

Mortgagee.

Mortgagor.

Property,

Imp. Act 44-45 v., c. 41, s. 2.

Puffer.

Purchaser.

Purchase.

Sale.

(a) " Conveyance" shall include assignment, appoint- ment, lease, settlement, and other assurance, made by deed, on a sale, mortgage, demise, or settlement of any property or on any other deal- ing with or for any property ; and " convey " sihall have a meaning corresponding with that of conveyance;

(6) " Land " shall include messuages, tenements, here- ditaments, whether corporeal or incorporeal, and any undivided share in land ;

(c) " Mortgage " shall include any charge on property for securing money or money's worth;

{d) " Mortgage money " shall mean money or money's worth secured by a mortgage;

(e) " Mortgagee" shall include any person from time to time deriving title under the original mortgage .

(/) " Mortgagor " shall include any person from time to time deriving title under the original mort- gagor or entitled to redeem a mortgage accord- ing to his estate, interest or right in the mortr gaged property;

(g) " Proiperty " shall include real and personal prop- erty, and any debt, and any thing in action, and any otter rig'ht or interest ;

{h) " Puffer " shall mean a person appointed to bid on the part of the seller;

(i) " Purchaser " shall include a lessee, a mortgagee, and an intending purchaser, lessee or mortgagee, or other person, who, for valuable consideration, takes or deals for any property ; and "purchase" shall have a corresponding meaning with that of purchaser ; but " sale " shall mean only a sale properly so called. K.S.O. 1897, c. 119, s. 1. Amended.

LAND TO LIE IN GRANT AS WELL AS LIVERY.

S!i^en?s ^- ^^ corporeal tenements and hereditaments shall, as

etc., deemed regards the conveyance of the immediate freehold thereof, grant, etc. lie in grant as well as in livery. R.S.O. 1897, c. 119, s. 2.

PeoCfments unless by deed to be void.

FEOFFMENT TO BE BY DEED ONLY.

4. A feoffment otherwise than by deed shall be void, and no feoffment shall have any tortious operation. R.S.O. 1897, c. 119, s. 3.

WORDS OF LIMITATION.

5. — (1) In a conveyance, it shall not be necessary in the^yo^d3 of limitation of an estate in fee simple to use the word heirs ; unnecessary. or in the limitation of an estate in tail to use the words heirs s™5i.^^*' of the body; or in the limitation of an estate in tail male or in tail female, to use the words heirs male of the body, or heirs female of the body.

(2) For the purpose of such limitation it shall be suffi- cient in a conveyance to use the words in fee simple, in tail, in tail male, or in tail female, according to the limitation intended, or to use any other words sufficiently indicating the limitation intended.

(3) Where no words of limitation are used, the convey- a convey- ance shall pass all the estate, right, title, interest, claim ^'J^^^j.^g^^^^""*^ and demand, whi<jh the conveying parties have, in, to, or''^Jg*^J^'°^j on the property conveyed, or expressed or intended so to the estate, be, or which they have power to convey in, to, or on the same.

Imp. Act., / s. 63.

(4) Subsection 3 shall apply only if and as far as a con- trary iQtention does not appear from the conveyance, and shall have effect subject to the terms of the conveyance and to the provisions therein contained.

(5) This section shall apply only to conveyances made after the 1st day of July, 1886. K.S.O. 1897, c. 119, s. 4.

PEOVISIONS AS TO CONVEYANCES.

6. A receipt for consideration money or securities in Receipt in the body of a conveyance shall be a sufficient discharge to sufficient. the person paying or delivering the same, without any further imp. Act, receipt being indorsed on the conveyance. R.S.O. 1897, c. ^ ^*" 119, 8. 5. Amended.

7. A receipt for consideration money or other considera- Receipt in tion in the body of a conveyance or indorsed thereon shall, indorsed

in favour of a subsequent purchaser, not having notice that |u{)s|qutnt°'^ the money or other consideration thereby acknowledged to^"'"'^^^'" l)e received was not in fact paid or given, wholly or in part, j^p ^^^^ be sufficient evidence of the payment or giving of the wholes. 55. aTTiount thereof. New. See R.S.O. 1897, c. 119, s. 5.

8. On a sale the purchase.'* shall not be entitled to require Rights of that the conveyance to him be executed in his presence, oras'^to*"''^'^ that of his solicitor, but shall be entitled to have, at his «^?^;;^'^" <>' own cost, the execution of the conveyance attested by some^^e®**- person appointed by him, who may, if he thinks fit, be hisJ^J- '^''*'

solicitor. R.S.O. 1897, c. 119, s. 6. 108

Partition or 9 A. partition and an exchange of land and a lease of land of land, etc., required by law to be in writing, an assignment of a chattel a^d^to ^e interest in land, and a surrender in writing of land not being ^°'*^ an interest which might by law have been created without

writing, shall be void at law, unless made by deed. Il.S.O.

1897, c. 119, s. 7.

csonUnBrent 10. A contingent, an executory, and a future interest, e^a.'Tn land and a possibility coupled with an interest in land, whether disposed of the o'bject of the gift or limitation of such interest or pos- by deed. sibility be or be not ascertained, also a right of entry, whe- ther immediate or future, and whether vested or contingent, into or upon land, may be disposed of hy deed ; but no such disposition shall by force only of this Act defeat or enlarge an estate tail. K.S.O. 1897, c. 119, s. 8.

Exchanges 11. An exchange or a partition of any tenements or not to imply hereditaments shall not imply any condition in law, and the dTtToiTor word " give " or the word " grant " in a conveyance shall ''irant"**any ^'O't imply any covenant in law, except so far as the word in^p^Act 8 "give" or the word "grant" may by force of any Act in force ^^r.1 ^•' . in Ontario imply a covenant. New.

c. 106, s. 4, ^ •/

part.

Preceding 12. The next preceding three sections shall not extend

sections not to any deed, act or thing executed or done, or to any estate, deeds, etc.. right or interest created before the 1st day of January, 1850. befo';^e'"?st R.S.O. 1897, c. 119, s. 10.

January, 1850.

Grantees, 13. — (1) Where by any letters patent, assurance or will,

to^t^ke as*^" made and executed after the first day of July, 1834, land

common^" has been or is granted, conveyed or devised to two or more

api^ars*they P^^^^^^ Other than executors or trustees in fee simple, or

|re to take for any less estate, it shall be considered that such persons

tenants. took or take as tenants in common, and not as joint tenants,

unless an intention sufiiciently appears on the face of such

letters patent, assurance or will, that they are to take as

joint tenants. E.S.O. 1897, c. 119, s. 11.

(2) This section shall apply notwithstanding that one of such persons is the wife of another of them. New.

awiifired by ■^'^' ^^^i^re hereafter two or more persons acquire land by possession length of possession they shall be considered to hold as ten- more persons ants in common and not as joint tenants. New.

to be held In common

tenancy. ^5^ — ^^^^ Every conveyance of land, unless an exception

to'hiciude^aii ^^ Specially made therein, shall include all houses, out-houses, ^^^^^ ^tc, e(]ifl^eg^ bams, stables, yards, gardens, orchards, commons, reversion, trees, woods, underwoods, mounds, fences, hedges, ditches,

and all the ' ' ',.,'.,.'. °., ' '

estate, etc. ways, waters, water-courses, lights, liberties, privileges, ease- 103

ments, profits, commodities, emoluments, hereditaments and appurtenances whatsoever, to such land belonging or in any- wise appertaining, or with the same demised, held, used, occupied and enjoyed or taken or known as part or parcel thereof; and if the same purports to convey an estate in fee simple, also the reversion or reversions, remainder and re- mainders, yearly and other rents, issues and profits of the same land and of every part and parcel thereof, and all the estate, right, title, interest, inheritance, use, trust, property, profit, possession, claim and demand whatsoever, of the grantor, into, out of, or upon the same land, and every part and parcel thereof, with their and every of their appurten- ances.

(2) Except as to conveyances under former Acts relating to short forms of conveyances, this section shall apply only to conveyances made after the 1st day of July, 1886. R.S.O. 1897, c. 119, s. 12.

16, Any corporation capable of taking and conveying corporations land in Ontario, shall be deemed to have been and to be^^^fonvey capable of taking and conveying land by deed of bargain and^sa^" and sale, in like manner as any person in his natural capacity, subject to any general limitations or restrictions and to any special provisions as to holding or conveying land whic'h may be applicable to such corporation. R.S.O. 1897, c. 119, s. 13.

PEOVTDING FOB INOTJMBRANCES ON SALES.

17. — (1) Where land subject to an incumbrance, whether Provision immediately payable or not, is sold by any Court or out of free from Court, the High Court or the Court in which the sale takes brancea. place may, on the application of any party to the sale, direct g"^5; ^^^ or allow payment into Court — in the case of an annual sum charged on the land, or of a capital sum charged on a deter- minable interest in the land — of such amount as, when invested in securities approved by the Court, the Court con- siders will be sufficient by means of the income thereof to keep down or otherwise provide for that charge; and — in any other case of capital money charged on the land — of an amount sufficient to meet the incumbrance and any interest due thereon ; but in either case there shall also be paid into Court such additional amount as the Court considers will be sufficient to meet the contingency of further costs, expenses, and interest, and any other contingency except depreciation of investments, not exceeding one-tenth of the original amount to be paid in, unless the Court for special reasons thinks fit to require a larger additional amount.

103

6

(2) The Court mayi, thereupon, either after or without notice to the incumhrancer, declare the land to be freed from the incumbrance, may make any order for conveyance, or vesting order, proper for giving effect to the sale, and may give directions for the retention and investment of the money in Court.

(3) After notice served on the persona interested in or entitled to the money or fund in Court, the Court may direct payment or transfer thereof to the persons entitled to receive or give a discharge for the same, and generally may give directions resipecting the application or distribution of the capital or income thereof. R.S.O. 1897, c. 119, s. 15. Amended,

(4) Payment of money into Court shall effectually exoner- ate therefrom the person making the payment.

r^^c^ing** (5) The application shall be made in chambers, and on

payments noticC. into court and appllca-

(6) On an application by a purchaser, notice S'hall be g^gg/'^^'^' served in the first instance on the vendor.

(7) On an application by a vendor, notice shall be served in the first instance on the purchaser.

(8) On any application, notice shall be served on such persons as the Court thinks fit.

(9) The Court may make such order as it deems just respecting the costs, charges or expenses of any of the parties to the application. R.S.O. 1897, c. 119, s. 16.

IMPLIED COVENANTS.

Covenanta to be implied. Imp. Act,

44-45 v., c. 41, 8. 7.

On convey- ance for value by beneficial owner.

18, — (1) In a conveyance made on or after the 1st day of July, 1886, there shall, in the cases in this section men- tioned, be deemed to be included, and there shall in those cases be implied, covenants to the effect in this section stated, by the person or by each person who conveys, as far as regards the subject-matter or share thereof expressed to be conveyed by him, with the person, if one, to whom the con- veyance is made, or with the persons jointly, if more than one, to whom the conveyance is made as joint tenants, or with each of the persons, if more than one, to whom the con- veyance is made as tenants in common:

(a) In a conveyance for valuable consideration, other than a mortgage, the following covenants by the

108

person who conveys, and is expressed to convey, imp. Act, as beneficial owner, namely, covenants for, (I) Eight to convey ; (II) Quiet enjoyment;

(III) Freedom from incumhrances ; and

(IV) Further assurance ;

according to the forms of covenants for such purposes set forth in Schedule B to The Short ^^ ^^^ Forms of Conveyances Act, and therein num-vii., c/53. hered 2, 3, 4 and 5, subject to the provisions of that Act;

(h) In a conveyance of leasehold land for valuable On^con^ey- consideration, other than a mortgage, the follow- leaseholds ing further covenant, by the person who conveys by beneficial and is expressed to convey as beneficial owner :

That, notwithstanding anything by the person Yet^!^^ *"' who so conveys, made, done, executed, or omit- ted, or knowingly suffered, the lease or grant creating the term or estate for which the land is conveyed is, at the time of conveyance, a good, valid, and effectual lease or grant of the property conveyed, and is in full force, unfor- feited, unsurrendered, and in nowise become void or voidable, and that, notwithstanding anything as aforesaid, all the rents reserved by and all the covenants, conditions and agree- ments contained in the lease or grant, and on the part of the lessee or grantee, and the per- sons deriving title under him to be paid, ob- served, and performed, have been paid, ob- served and performed, up to the time of con- veyance ;

(c) In a conveyance, the following covenant by every on^wmrey- person who conveys, and is expressed to convey, trustee, etc. as trustee or mortgagee, or as personal represent- imp. Act, ' ative of a deceased person, or as committee of a ^- '^• lunatic, or under an order of the Court, which covenant shall be deemed to extend to every such person^s own acts only, namely ;

That the person so conveying has not executed, /^f^S* or done, or knowingly suffered, or been party brancea or privy to, any deed, act, matter or thing, whereby, or by means whereof the subject- matter of the conveyance, or any part thereof is or may be impeached, chained, affected, or

1j08

8

incumTbered in title, estate or otherwise, or whereibj or by means whereof the person who 80 conveys is in anywise hindered from con- veying such subject-matter or any part thereof, in the manner in which it is expressed to be conveyed.

On settle- (d) In a conveyance by way of settlement, the follow-

ment for . , t -■ ■, .

further ing covenant by a person who conveys and is ex-

assurance, pressed to convey as settlor, namely;

That the person so conveying, and every per- son deriving title under him by deed or act or operation of law in his lifetime subsequent to that conveyance, or by testamentary disposi- tion or devolution in law, on his death will, from time to time, and at all times, after the date of that conveyance, at the request and cost of any person deriving title thereunder, execute and do all such lawful assurances and things for further or more perfectly assuring the subject-matter of the conveyance to the persons to whom the conveyance is made, and those deriving title under them, subject as, if so expressed, and in the manner in which the conveyance is expressed to be made, as by them or any of them shall be reasonably required.

ance^*'b^^^" (2) Where in a conveyance it is expressed 1?bat by direc- direction of tion of a persou expressed to direct as beneficial owner

owneiv f another person conveys, the person giving the direction,

whether or not he conveys and is expressed to convey, as bene- ficial owner, shall be deemed to convey, and to be expressed to convey as beneficial owner the subject-matter so conveyed by his direction ; and covenants on his part shall be implied accordingly.

Enforcing (3) The benefit of a covenant so implied shall be annexed

and incident to and shall go with the estate or interest of the implied covenantee, and shall be capable of being en- forced by every person in v«^hom that estate or interest is for the whole or any part thereof from time to time vested.

colen"T °' ^"^-^ ^ covenant so implied may be varied or extended and as so varied or extended shall, as far as may be, operate in the like manner, and with all the like incidents, effects and consequences, as if such variations or extensions were directed in this section to be implied. R.S.O. 1897, c. 119, s. 17.

108

9

19. — (1) A covenant relating to land of inheritance or to covenants land held for the life of another shall he deemed to be made heirs, etc. with the covenantee, his heirs and assigns and shall have imp. Act. effect as if heirs and assigns were expressed. If'^i Z."5S.

(2) A covenant relating to land not of inheritance or to land not held for the life of another shall be deemed to be made with the covenantee, his executors, administrators and assigns and shall have effect as if executors, administrators and assigns were expressed. New.

POWERS.

20. — (1) A deed executed in the presence of, and attested Mode of by two or more witnesses in the manner in which deeds are powers, ordinarily executed and attested, shall, so far as respects the execution and attestation thereof, he a valid execution imp. Act, of a power of appointment by deed or by any instrument in l^'H^ ^■'12. writing, not testamentary, notwithstanding that it is especi- ally required that a deed or instrument in writing, made in exercise of such power, shall be executed or attested with some additional or other form of execution or attestation or solenmily.

(2) This section shall not operate to defeat any direction in the deed or instrument creating the power that the consent of any particular person shall be necessary to a valid execu- tion, or that any act shall he performed in order to give val- idity to any appointment, having no relation to the mode of executing and attesting the deed or instrument.

(3) Nothing in this section shall prevent tlbe donee of a power from executing it conformably to the power. R.S.O. 1897, c. 119, s. 18.

21. — (1) A person to whom a power, whether coupled Person to with an interest or not, is given may by deed release or eon- power is tract not to exercise the power. R.S.O. 1897, c. 119, s. 19. Per^seTr^

contract not to exercise

22. Where, under a power of sale, a sale in good faith is^^'j^^t made of an estate, with the timber thereon, or with any ^^ ."and 45 v.,

' . « •' C. 41, S. 52.

articles attached thereto, and the tenant for life, or any other party to the transaction, is by mistake allowed to power not receive for his own benefit a part of the purchase money or avoided by value of the timber or article, the High Court, upon an",^^ken' action brought, or upon application made in a '==iiiii"i!"",y t^/a'nt'for° way, may declare, that upon payment by the purchaser, or'ife. the claimant under him, of the full value of the timher or imp. Act

22-23 V

article at the time of the sale, with such interest thereon nsc. 35. s.''i3. the Court directs, and the settlement of the principal moneys

103

10

and interest under tte direction of the Court, upon such persons as in the opinion, of the Court are entitled thereto, the sale ought to be established; and upon payment and Sitrttlcment hc'mg; inade accordingly, the Court may declare the sale valid, and thereupon the legal estate shall vest and go in like manner as if the power had been duly executed, and the costs of the application, as between solicitor and client, shall be paid by the purchaser or the claimant under him. K.S.O. 1897, c. 119, s. 20.

ILLUSORY APPOINTMENTS.

No appoint- 23. — (1) No appointment made in exercise of any power exercise of a or authority to appoint any property, real or 'personal, power shall j,j^ojjgg,|; several objects, shall be invalid, or impeached, on the equ?ty*ai" ground that an imsubstantial, illusory or nominal share only reason^ of^ is thereby appointed to, or left unappointed to devolve upon, giving only any One or more of the obiects of such power or upon the share to any ground that any object of such power has been altogether power.** ^excluded; but every such appointment shall be valid and iT^Geo!^\ & f-ffectual, notwithstanding that anyone, or more, of the c Texas' 1 <^l^J6<^ts shall not thereunder, or in default of such appoint- 2 and 3 ment, take more than an unsubstantial, illusory, or take no c. 37, s. 1,' share thereof or nominal share of the property sivbiect to

and Judl- ■, r r ./ j

cature Act, SUCh poWCr. s. 57 (4).

Not to affect (2) N'othing in this section shall prejudice or aifect any

Siliy (XQGCL ••■ 11*11 1* ■

which provision, m any deed, will, or other instrument, creating

amount of any such power, which declares the amount of the share or to^be^'^** shares from which no object of the power shall be excluded appointed, qj. j^j^^j- gQine mic or more object or dbjects of the power shall any o*«ier'^^ ^^^ '^^ excluded or give any validity, force or effect to any force to any appointment, other than such appointment would have had than the if a Substantial share of the property affected by the power have had" if had been thereby appointed to, or left unappointed to devolve thare Md*^^' "P^n, any object of such power. RjS.O. 1897, c. 330, ss. 31, SteTor ''''2 and 33 ; and c. 51, s. 57 (4).

left to de- volve as un- appointed.

TENANCY BY THE CURTESY.

Stat. c. 163.

by"ttie^ 24, Where a husband has issue bom alive and capable of

curtesy. inheriting any land to which his wife is entitled in fee Imp. Rey.^^ simple, or fee tail, if the husband survive his wife, whether such issue live or not, the husband shall (subject to the provisions of The Marned Women s Property Act) be en- titled to an estate for his natural life in sudh land as may not have been disposed of by her deed or will ; but if he has liO snch issue by his wife he shall not be entitled to any further or other estate or interest in such land in the event

of surviving his wife, except such as may be devised to him 103

11

by her will, or such as he may become endtled to under The vii^c^56 Devolution of Estates Act. R.S.O. 1897, c. 330, s. 5.

WASTE.

25. A tenant 'by the curtesy, a dowress, a tenant for life, waste by or for years, and the guardian of the estate of an infant, ^^te^, ^^ shall be impeachable for waste, and liable in damiages to the dowress, person injured. R.S.O. 1897, c. 330, s. 21. 6 Edw. i.,

i- J ' ' (St. Glouces-

ter), c. 5.

{Fo7' other remedies see The Judicature Act, s. 58 (9).)

26. An estate for life without impeachment of waste shall Y^^^\ ^^ not confer or be deemed to have conferred upon the tenant nfe with- for life any legal right to commit waste of the description ment'of^^^ known as equitable waste, unless an intention to confer such ^^®*^®- right shall expressly appear by the iustruincnt creating such

estate. R.S.O. 1897, c. 51, s. 58 (2).

27. Tenants in common, and joint tenants, shall be liable waste

to their co-tenants for waste, or, in the event of a parti- joint ten- tion, the part wasted may be assigned to the tenant com- tenants" in mitting such waste, at the value thereof to be estimated as*^^"^°"" if no such waste has been committed. R.S.O. 1897, c. 330, Jlt^y- ^

g^ 22 Westmin-

ster, Sec.) c. 22.

28. Lessees making or soiffering waste on the demised waste by premises without license of the lessors, sihall be liable for sT nln. 3 the full damage so occasioned. R.S.O. 1897, c. 330, s. 23. MlVibridge)

29. The release from a rent-charge of part of the land 5^^^^''^^ °' charged therewith shall not extinguish the whole rent-charge, land sub- but shall operate only to bar the right to recover any part charge not of it out of the land released, without prejudice to the rights ex tinguish- of all persons interested in the land remaining unreleased "harge^^on^^ and not concurring in or confirming the release. R.S.O. *^''® ''^■^*- ®*^- 1897, c. 119, 8. 27. 23'v^'Sr

s. 10.' FUTURE AND CONTINGENT USES.

30. Where by any deed, will or other instrument, any r.imitation land is limited to uses, all uses thereunder, whether ex- taice^effe^ct* pressed or implied by law, and whether immediate or future, arise with- er contingent or executory, or to be • declared under any tinuM 'seisin power therein contained, shall take effect when and as they "r adntiia arise by force of and by relation to the estate and seisin persons originally vested in the person seised to the uses; and the seised.^ ^ continued existence in him or elsewhere of any seisin to uses imp. Act 23- or scintilla juris, shall not be necessary for the support oif^*^- '^- ^*' or to give effect to, future or contingent or executory uses;

103

12

nor shall any such seisin to uses or scintilla juris be deeraeil to be suspeniled, or to remain or to subsist iu him or else- where., K.S.O. 1897, c. 119, s. 28.

CONTINGENT EEMAINDEES.

Certain con- tingent re- mainders not to be

defeated by forfeiture, surrender or merger of preceding estate.

No merger of estate by oi)€ratlon of law.

44 V. c. 6.

31. Every contingent remainder shall be capable of tak- ing effect, notwithstanding the determination by forfeiture, surrender or merger, of any preceding estate of freehold. KS.O. 1897, c. 119, s. 29. Amended.

32. There shall not be any merger by operation of law only of any estate, the beneficial interest in which, prior to 'The Ontario Judicature Act, 1881, would not have been deemed merged or extinguished in equity. R.S.O. 1897, c. 51, s. 58 (3).

IMPEOVEMENTS UNDER MISTAKE OF TITLE.

Persons Im- proving lands to have a Hen on land's.

33. Where a person makes lasting improvements on land under the belief that the land is his own, he or his assigns shall be entitled to a lien upon the same to the extent of the amount by which the value of the land is enhanced by such improvements; or shall be entitled or may be required, to retain the land if the Court is of opinion or requires that this should be done, according as may, under all circum- stances of the case be most just, making compensation for the land, if retained, as the Court may direct. R.S.O. 1897, c. 119, s. 30.

PURCHASES OF REVERSIONS.

Purchases of rever- sions not affected by undervalue.

34. No purchase made in good faith, and without fraud, of any reversionary interest in property, shall be opened or set aside on the ground of undervalue. R.S.O. 1897, c. 119, s. 35.

PURCHASER FOR VALUE WITHOUT NOTICE.

Proof of 35. It s'hall not be necessary, in order to maintain the

purchase defence of a purchase for value without notice, to prove pay- necerea^.' ment of the mortgage money or purchase money, or any part thereof. R.S.O. 1897, c. 119, s. 36.

ASSIGNMENT TO ASSIGNOR AND ANOTHER OR TO ASSIGNOR'S

WIFE.

^^^prop^rty ^^' ^^y property may be conveyed by a person to him- ^if^'%°^ self jointly with another person, by the like means by which othera it might be conveyed by him to another person, and may in

103

13

like manner he conveyed or assigned by a hustband to his imp. Act. s. wife, or by a wife to her husband alone or jointly with an- "* other person. K.S.O. 189T, c. 119, s. 37.

BIGHTS OF POSTHUMOUS CHILDREN.

37. Where any estate is, by any marriage or other settle- posthumous ment, limited in remainder to, or to the use of, the first or take'^estate other "son or sons of the body of any person lawfully be- as if bom in gotten, with any remainder over to, or to the use of, any father's iife- other person or in remainder to, or to the use of, a daughter lawfully begotten, with any remainder to any other person, lo^^w^s^' c. any son or daughter of such person lawfully begotten, or to ^^•

be begotten, that shall be born after the decease of his or her father, shall, by virtue of such settlement, take such estate so limited to the first and other son or daughter, in the same manner as if bom in the lifetime of his or her father, although there may be no estate limited to trustees, after the decease of the father, to preserve the contingent re- mainder to such after born son, or daughter, until he or she come in esse, or is bom, to take the same. R.S.O. 1897, c. 330, s. 10.

PBODUCTION OF CESTUIS QUE VIE, AND TENANTS FOE LIFE.

38. If any person, for whose life an estate is granted, cettuis que remains out of Ontario, or absents himself therein for the ^n^ ^ilt^of " space of seven years together, so that it cannot be ascertained ^'^en"years'^ whether he is alive or dead, and no sufficient proof is made together and of the life of such person in any action commenced for re- their lives, covery of such estate by the lessor or reversioner, the personcounted dead, upon whose life such estate depended shall be accounted as ig & jg car, naturally dead, and in every action brought for the recovery 2. c. ii, s. i. of the estate by the lessor or reversioner, his heirs, or assigns, judgment shall be given accordingly. R.S.O. 1897, c. 330,

s. 14. Amended.

39. If any person is evicted out of any land by virtue of if the sup- section 38, and if afterwards the person, upon whose lif e S^%roved such estate depends, returns to Ontario, or in any action to to be aiive

. tll€n tll6 tltl6

be brought for recovery of the same, is shown to be living, is revested, or to have been living at the time of the eviction, the tenant i8 & i9 Car. or lessee who was ousted, his executors, administrators or^' ^' ^^' °" *" assigns, may re-enter, repossess, have, hold, and enjoy, the land in his former estate, for and during the life, or so long a term as the person, upon whose life the estate depends shall be living; and also shall, upon action to be brought by

, . • . ?i 1 . , . • ^ . -^ AcUon for

him against the lessor, reversioner, or tenant m possession, mesne proms or other person, who, since the time of the eviction, received'''*^ interest. the profits of the land, recover for damages the full profits

201

14

thereof, with lawful interest for, aiul from, the time that he wji'^ ousted, and kept or held out of the land by such lessor, i(^v( i.sioner, tenant in possession, or other person, whether I lie person, upon whose life such estate depends is living or (Icjul at the time of bringing of the action. K.S.O. 1897, c. 380, 8. 15. Amended.

Reversioners. 40, — (1) The Hiffh Court may, on the application of

etc., expec- ^ ^ , ■, ^ ,. , ,. ^^,

tant upon any person who has any claim or demand in, or to, any re- nown "'f '"if e mainder, reversion, or expectancy, in, or to, any estate in on^^flidavit land, after the death of any person within age, married !iffmi'(-.f "' woiiiaii, or any other person whomsoever, upon affidavit iiiiimt or iiiiido by the person so claiming such eatate of his title, and

otlier tenant ,/ r _ o ^ ^ 7 ^

for Ufa as that he has cause to believe that such minor, married woman, t'loned. and or other pcrson, is dead, and that his, or her, death is eon- fs'^c^nceaJed cealed by the guardian, trustee, husband, or any other per- etc.^"may^"' ^^^j which application may be made once a year if the person yea'riy^^^ aggrieved shall think fit, order that such guardian, trustee, and obtain husband, or other person concealing, or suspected to conceal, Fi.c.j. for such person, do, at such time and place as the Court shall du^t?on'of direct, on personal or other due service of such order, pro- for^life"^"* duce and show to such person and persons, not exceeding two, as shall in such order be named by the party prosecu- ting such order such minor, married woman, or other per- son.

(2) If such guardian, trustee, husband, or such other per^ son refuses or neglects to produce or show such minor, mar- ried woman, or such other person, on whose life any such estate depends, according to the directions of the order, the Court is hereby authorized and required to order such guardian, trustee, husband, or other person, to produce such minor, married woman, or other person concealed, in the Court, or otherwise before commissioners to be appointed by the Court, at such time and place as the Court shall direct, two of which commissioners shall be nominated by the party prosecuting suc'h order, at his costs and charges.

fuii?^e*tc.,'^to (3) If such guardian, trustee, husband, or other person, tenant^for^*^^ refuses or neglects to produce such minor, married woman, life, he to be or other person so concealed, in Court, or before such corn- dead, missioners, whereof return sihall be made by such commis- sioners, and filed in the Central office, in either, or any, of such cases, such minor, married woman, or other person, (ot^J^^is'in^ shall be taken to bo dead, and it shall bo lawful for any per- Ed!^^T*^i^ son claiming any right, title, or interest, in vcinainder m' reversion, or otherwise, after the death of such minor, mar- ried woman or other person, to enter upon such land as if such minor, married woman, or other person were actually dead. RS.O. 1897, c. 330, s. 6. Amended. 103

15

41. If it appears to the .Court by affidavit that such minor, if such married woman, or other person, is, or lately was, at some tenant for" certain place out of Ontario in the affidavit to be mentioned, plir^to be the party prosecuting such order, at hisi costs and charges, p'lace^out of may send over one or both of the persons appointed bv the*^"tario,

y , . , . -1 1 •' party prose-

order to view such minor, married woman, or other person, cuting such and if such guardian, trustee, husband, or other person, con- send over to cealing, or suspected to conceal, such person, refuses or neg- fanT, ^and 1?" lects to produce, or. procure to be produced to such person f^cT^m' not or persons a personal view of such minor, married woman, fj^ant^ft^'^*^ or other person, then such person or persons shall make a I'^e, then he

or Sil6 to DG

true return of such refusal or neglect to the Court, which taken as shall be filed in the Central office, and thereupon such minor, marrie(| woman, or other person, shall be taken to be.dead, (o^T^ig^'in^ and any person claiming any right, title, or interest, in re- Ed!)'^^g^*2^ mainder, reversion, or otherwise, after the death of such minor, married woman, or other person, may enter upon such land as if such minor, married woman, or other person were actually dead. R.S.O. 1897, c. 330, s. lY. Amended.

42. If it shall afterwards appear upon proof in any action afterwards'^ to be brought that such minor, married woman, or other per- th^"luch*'°'* son "vvas alive at the time such order was made, such minor, tenant for

, ' , ' life was

married woman, guardian, or trustee, or other person, hav-aiive at the ing any estate or interest determinable upon such life, may order made, re-enter upon the land, and may maintain an action against ghl"may re- those who, since the order, received the profits thereof, or ^aVT'action their executors, or administrators, and recover full damages ^^'' '■®"t' etc. for the profits of the same received from the time that such 6 Anne, c. 72 "minor, married woman, or other person, having any estate Ruffh'ead's or interest determinable upon such life, was ousted of the • ■ ^- • possession of such land. R.S.O. 1897, c. 330, s. 18. Amended. '

43. If any such guardian, trustee, husband, or other per- Proviso for son, holding or having any estate or interest determinable ftc^.^who^' upon the life of any other person, shall show, to the satis- f^ appear ^ faction of the Court, that he has used his utmost endeavour ^^It^'J.® j^^^"g" to procure such minor, married woman, or other person, on been used to

1 T c • 1 • /^ i. procure the

whose liie such estate or interest depends, to appear m Court, appearance

or elsewhere according to the order, and that he cannot pro- infant and

cure or compel such appearance, and that such minor, mar-iffe^"*^ °^

Tied woman, or other j)erson, is living, or was living at the

time such return was made and filed, the Court may order

that such person may continue in the possession of such ^ ^^^^ ^ ^^

estate, and receive the rents and profits thereof, during the (or c. is in

infancy of such minor, and the life of any other person, Ed.), s. 4.

on whose life such estate or interest next depends, as fully as

he might have done if this, and the three next preceding

sections had not been passed. R.S.O. 1807, o. 330, s. 19.

Amended. 103

16

Guardians, trustees, etc., holding over without con- sent of re- mainderman, etc., deemed trespassers.

6 Anne, c. 72 (or c. 18 In Ruffhead's Ed.) s. 5.

Damages.

44. Every person having an estate or interest in land, determinable upon any life, and the guardian or trustee for a minor having such an estate, who, after the determina- tion of snch particular estate or interest, without the express consent of the person who is next and immediately entitled upon and after the determination of such particular estate or interest, holds over and continues in possession of any land, shall 'be deemed a trespasser, and every person entitled to any such land, upon and after the determination of such particular estate or interest, may recover in damages against every snch person so holding over, the full value of the profits received during such vrrongful possession. R.S.O. 1897, c. 330, s. 20.

ASSIGNMENTS OF CHOSES IN ACTION.

Assignment of debt and Glioses In action.

Where

sevei"al

claimants

under

assignment.

45. — (1) Any absolute assignment, made on or after the 33 st day of December, 1897, by writing under the hand of the assignor, not purporting to be by way of charge only, of any debt or other legal chose in action of which express notice in writing shall have been given to the debtor, trus- tee or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action, shall be effectual in law, subject to all equities which would have been entitled to priority over the right of the assignee if this section had been enacted, to pass and transfer the legal right to such debt or chose in action from the date of such notice, and all legal and other remedies for the same, and the power to give a good discharge for the same without the con- currence of the assignor. R.S.O. 1897, c. 51, s. 58 (5).

(2) In case of an assignment of a debt or other chose in action, if the debtor, trustee or other person liable in respect of the debt or chose in action shall have had notice that such assignment is disputed by the assignor or any one claiming under him, or of any other opposing or conflicting claims to such de^lot or chose in action, he shall be entitled, if he thinks fit, to call upon the several persons making claim thereto to interplead concerning the same, or he may, if he thinks fit, pay the same into the High Court under and in conformity with the provisions of law for the relief of trustees. R.S.O. 1897, c. 51, s. 58 (6).

DEBENTURES OF CORPORATIONS TRANSFERABLE.

Bonds and debentures of corpora- tions.

46. — (1) The bonds or debentures of a corporation made payable to bearer, or to any person named therein or bearer, may be transferred by delivery, and if payable to any person or order, after general endorsation thereof by such person, shall be transferable by delivery.

108

17

(2) Any such transfer shall vest the property in the bond Holder may or dehenture in the holder thereof and enable him to main- action. tain an action thereon in his own name. R.S.O. 1897, c. 119, s. 38. Amended.

J

AUCTIONS OF ESTATES.

47. Unless in the particulars or conditions of sale by auc- when sale tion of any land it is stated that such land will be sold sub- deemed^ ject to a reserved price, or to a right of the seller to bid, the ^^^^^g sale shall be deemed to be without reserve. R.S.O. 1897, c.

119, s. 22.

48. Upon any sale of land by auction, without reserve, seiier not to it shall not be lawful for a seller or for a puffer to bid at reserved"" such sale, or for the auctioneer to take, knowingly, any bid- ^^®^ ding from the seller or from a puffer. R.S.O. 1897, c. 119,

s. 20.

49. Upon any sale of land by auction, subject to a right At reserved for the seller to bid, it shall be lawful for the seller or any Hlf^^ *** one puffer to bid at such auction in such manner as the seller ^^^ ^'"^ may think proper. R.S.O. 1897, c. 119, s. 24.

50. !N"othing in the next preceding three sections shall seiier not authorize any seller to become the purchaser at the sale, to purchase. R.S.O. 1897, c. 119, s. 25.

PBAUDS IN SALES OB MOBTGAGES OF PEOPEETY.

51. If any seller or mortgagor of property or his solicitor Liability of or agent conceals any settlement, deed, will or other instru- mortgagor ment material to the title, or any incumbrance, from the pur- f^nt^conceai- chaser or mortgagee, or falsifies any pedigree upon which ^^^g^etj... the title depends or may depend, in order to induce him to 9^^'j^sifying accept the title- offered or produced to him, with intent to imp. Acts defraud such seller, mortgagor, solicitor or agent, irrespective 35, s. 24,' and of any criminal liability he may thereby incur, shall be liable lift J.' ^' at the suit of the purchaser or mortgagee, or those claiming under him, for any loss sustained by them or either or any of them, in consequence of the settlement, deed, will or other instrument or incumbrance so concealed, or of any claim made by any person under such pedigree, whose right was so con- cealed by the falsification of such pedigree ; and in the case of land in estimating such damages where the property is re- covered from sxLch purchaser or mortgagee, or from those claiming under him, regard shall be had to any expenditure '

by them, or either or any of them, in improvements on the land. R.S.O. 1897, c. 119, s. 39.

108

18

EFFECT OF ORDERS OF COUBT.

Order of 52. An Order of the Court under any statutory or other

Court not ...in • i 11 -i

Invalidated jurisdiction shall not, as against a purchaser, whether with

purcfoiser or without notice, be invalidated on the ground of want of

jSrisSkSfon, jurisdiction, or of want of any concurrence, consent, notice

*^*^ . or service. R.S.O. 1897, c. 51, 8. 58 (11).

Re'peal.

Repeal. 53. Chapter 119 of the Revised Statutes, 1897, except sec-

tions 14 and 34, and clause 4 of section 57, and clauses 2, 3, 5, 6 and 11 of section 58 of chapter 51, and sections 5, 6, 10, 14, 15, 17 to 23 and 31 to 33 of chapter 330 of the said Revised Statutes are repealed.

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No. 104.

1911.

BILL

An Act respecting the Chartered Stenographic Eeporters' Association of Ontario.

Short title, s. 1. Interpretation, s. 2. Chartered Stenographic Re- porters' Association, s. 3. Power to acquire land, s. 4. Membership, s. 5. Educational powers, s. 6. By-laws, s. 7. Council, election of, s. 8. Officers to be appointed, s. 9. Admittincj member by council, s.

10. Annual meetings, s. 11.

Register, s. 12.

Diplomas and certificates, s. 13.

Entrance and annual fees, s. 14.

Unqualified persons using title, s. 15.

Suspension and expulsion of members, s. 16.

Recovering fees and penalties, s. 17.

Member's personal representa- tive to have no interest in

FUNDS, S. 18.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1- This Act may be cited as The Stenographic Reporters' shan title Act. RS.O. 1897, c. 183, s. 1.

2. In this Act,

"The Association" shall mean The Chartered Steno-interpreta- graphic Rejwrters' Association of Ontario. New. ^'^"*

3. The Association is hereby continned. R.S.O. 189T, c. 183, s. 2, part.

4. The Association may pnrchase, take and ])08se9s for Power to the purposes of the Association but for no other purpose, ^"'^ '*"**■ and aft^r acquiring the .same may sell, mortgage, lease or dispose of any real estate the annnal value of which shall

not at any time exceed $5,000. RS.O. 1897, c. 183, s. 2, part.

5. Subject to the provisions of this Act and to the by- Membership. la\vB of the Association, the Association shall consist of its present members and all persons who shall cause their names

104

to be registered uuder the pix)vi8ion8 of this Act R.S.O. 3897, c. 183, 8. 3.

Educational 6, — (1) The Association shall have power to promote and powcra increase by all lawful ways and means the knowledge, skill

and proficiency of its members in all things relating to the business or calling of a stenographer, and to that end to establish classes, lectures and examinations and prescribe such tests of competence, fitness and moral character as may be thought expedient to qualify for admission to mem- bership, to grant diplomas and certificates of efficiency, and to autlhorize its members to use the distinguishing title " Chartered St<^no2;raphic Reporter " or the letters C.S.R.

Examination (2) The Association may also prescribe for students of and affliia- stenography, who desire to become members of the Associa- tion, such examinations and may grant to them such certi- ficates of competency as it sees fit; and may organize the students into a society in affiliation with itself for study and mutual improvement. R.S.O. 189Y, c. 183, s. 4.

Power to T. — (1) The Association, in general or special meeting

laws. assembled after due notice, may pass by-laws for carrying

out its objects.

(2) Unless otherwise provided by the by-laws, no new by-law shall be passed, nor shall any by-law be altered or repealed except by a two-thirds vote of the members present at a meeting of the Association, and only after at least two weeks' notice in writing of the proposed alteration or repeal shall have been given or mailed to each member. R.S.O. 1897, c. 183, s. 5. Amended.

comicf" °' ®' — ^^^ "^^^ affairs, business and concerns of the Asso- ciation shall be managed by a Council composed of nine per- sons who shall be British subjects, who have resided and practised the profession of stenography within Ontario for at least five years.

Election by (2) The members of the Council shall be elected by vot-

papers. ing papers in the manner provided for by the by-laws at

the annual meeting, or at a special meeting called for that

purpose, and the members obtaining the greatest number of

votes shall be declared elected.

fled^m'embers (^) "^^ person shall be eligible for election to the Coun-

eiigibie for cil Or qualified to fill any vacancy therein or to vote for any

member thereof, unless duly qualified under the provisions

of tbis Act and the by-laws of tiie Association. R.S.O. 1897,

c. 183, s. 7, part.

104

\

3

(4) The members of the Council in office at the time of the passing of this Act shall respectively hold office for the remainder of the term for which they were elected, and until their successors are chosen. New.

(5) Subsequently elected members shall hold office for three years from the time of their election and until their successors are chosen. New.

(6) A mem'ber chosen to fill a vacancy shall hold office for the residue of the term for which his predecessor was elected or appointed. New.

(7) Five members of the Council shall form a quorum, ^•'"o'""'"- R.S.O. 1897, c. 183, s. 7, amended.

9. — (1) At the close of the annual meetine; the Council ^.^cera of shall meet and choose from among themselves a President, tion. a Vice-President, a Secretary, a Treasurer and such other officers as may be provided for by the by-laws.

(2) In the event of the office of President becoming F^iiung cant the Vice-Presid remainder of the term.

vacant the Vice-President shall become President for the

(3) All other vacancies among the officers or the members of the Council shall be filled by the Council.

(4) The Council may remove any officer for misconduct or other sufficient cause, and may appoint his successor for the remainder of the term. R.S.O. 1897, c. 183, s. 6.

10. — (1) The Council may, by a vote of two-thirds of all Admission the members thereof, admit to membership in the Association council, without examination a stenographic reporter who by reason of his professional reputation and standing is deemed quali- fied for membership. R.S.O. 1897, c. 183, s. 9.

(2) The Council may also by a two-thirds vote of aD its members, admit as honorary members of the Association^ such persons resident in Ontario or elsewhere as they may dec in deserving. New.

(3) An honorary member shall not be entlnled to vote at JUL election or at a meeting of the Association or to be elected a member of the Council. New.

11. The annual meeting of the members of the As30cia- place of tion for the election of the Council, and for such other meeting, business as may be brought before such meeting, shall be 104

Register of members to be kept.

held at suoh time and phicc and under such regulations and after such notices as the by-laws of the Association shall prescribe. KS.O. 1897, c. 183, s. 10.

12. — (1) The Council shall cause to ha kept by tho Sec- i-etary a register, in which shall be entered in alphabetical order the names of all meml)ei"s in good standing; and those members only whose names are entered in the register shall be entitled to the privileges of membership; and the register shall at all times be open to inspection by any person free of charge.

JJj^pS^^ter^or ^2) The register, or a coi)y of it certified by the Secretary, prima /-octe gijiall be prima facie evidence that the persons therein named membership, are members of the Association in good standing. R.S.O. 1897, c. 183, s. 11.

Limitation 13 ^^^ Association may limit the term of all diplomas

of term of i i • r 1 i i?

diplomas and certificates granted by it to one year from the date oi cate. granting the same, and may withhold the granting or

renewal of the same, together with aJl the other privileges of membership, from any person who neglects to pay the pre- scribed fees when they are due and so long as they remain unpaid. R.S.O. 1897, c. 183, s. 12.

14. — (1) The Council may fix an entrance and an annual fee to be paid by all members to the Association, and may vary the amount from time to time ; and no member shall be personally liable for any debt of the Association beyond the aimount of his unpaid fees.

Examination ^2) The Council may also prescribe examination fees to be paid by applicants for examination. R.S.O. 1897, c. 183, s. 13.

Entrance and annual fees.

usiS%b°^ 15. — (1) ISTo person shall be entitled to take or use the

title c.&R. title of " Chartered Stenographic Reporter," or the letters

registered. ^'C.S.R.," either alone or in combination with any other

words, or any name, title or description implying that he is

a member of the Association, unless he is a member in good

standing.

(2) Every person Avho uses such title or such letters con- trary to the provisions of this section shall incur a penalty not exceeding $25 for the first offence and not exceeding 10 Fd VII *^1^'^ ^*^^' ^^^^ subsequent offence recoverable un4er The On- c 37. ' " tario Summary Convictions Act. R.S.O. 1897, c. 183, s. 14.

Suspension and expul-

memt^rs. pen^on or expulsion, after due enquiry, of any member for

16. The Association may by by-law provide for the sus-

104

misconduct or violation of the by-laws of the Association. II.S.O. 1897, c. 188, s. 15.

17, — (1) All fees payable under this Act may bo i-ecov- Recovery of ered as debts due to the Association. penalties due

the Associa- tion.

(2) Penalties recovered under the authority of this Act penalties shall be paid immediately on the recovery thereof by the ^'^^'J;^^^'^^ convicting Justice to the Treasnrer of the Association. ^^^ t^reaLurer

(3) The Council may allot such portion of a penalty as may be deemed expedient to the prosecutor or complainant. R.S.O. 1897, c. 183, s. 16.

18. Tf a person ceases to be a lueinber of the Association Ex-members

^ . . to have no

he shall not, nor shall his representatives, have any interest claims in or claim against the funds or property of the Association, funds. R.S.O. 1897, c. 183, s. 18.

19. Chapter 183 of the Revised Statutes, 1897, is Repeal, repealed.

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No. 105.

BILL

1911.

An Act respecting Dentistry.

Short title, s. 1.

RoTAjL College of Dental Sub-

QEONS CONTINtJED, S. 2.

Power to hold real estate, s.

3. Board of Directors, ss. 4-9. Payment of Members, s. 10. Application of funds, s. 11. Powers of Board — Establishment of School of

Dentistry, s. 12. Preliminary examination of

students, s. 13. Curriculum of studies and re- gulations respecting stu- dents, s. 14. Power to arrange for educa- tion of students, s. 15. Conferring degree of M.D.S.,

s. 16. By-laws, s. 17.

Certificates of License, wiho

entitled to, s. 18. Annual meetings of the Board for holding examinations, etc., ss. 19-20. Granting Certificates of Li- cense, etc., ss. 21-22. Examination Fees, s. 23. Annual Fees, s. 24. Offences and penalties — Practising without certificate,

s. 25. Procedure on prosecutions, s. 26. Suspension or cancellation of

certificate, s. 27. Appeal from order, ss. 28-29. Restoring certificate, s. 30. Medical practitioners not af- fected, s. 31. Repeal, s. 32.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows :

1. This Act may be cited as The Dentistry Act. New. Short title.

EOYAL COLLEGE OF DENTAL SURGEONS OF ONTARIO.

2. " The Royal College of Dental Surgeons of Ontario," Royal Coi- hereinafter called "the College," is continued, and every nlntai sur- person who holds a valid and unforfeited certificate of license Ontario,'

to practise dentistry granted to him by such College shall '^°"*'""®*^ be a member of the corporation. R.S.O. 1897, c. 178, s. 1.

3. — (1) The College may purchase, take and possess for power to the purposes of the College, but for no other purpose, and estate!**' after acquiring the same, may sell, mortgage, lease or dispose of any real estate. New. 106

quired.

Consent to (2) Siich rcal estate shall not be sold, mortgaged, leased alienation.. ^^ jij.p^^(>(i ^f, except with the oonscnt of the Board of Direc- tors, given at a meoting duly called for that purpose.

(3) Notice of such meeting shall be given to every member of the Board, by letter mailed to his last registered address, seven days before the day appointed for such meeting, stating the object thereof. RS.O. 189Y, c. 178, s. 2 (2).

BOARD OF DIREOTOES.

Board of Di- rectors of CoUege of Dental Sur- geons.

4. — (1 ) There shall be a Board of Directors of the College, hereinafter called " the Board."

(2) The Board shall consist of eight members, all of whom shall be members of the College, and they shall hold office for two years, and any four of them shall form a quorum.

(3) One member shall be elected for each electoral district mentioned in Schedule " A " by the members of the College resident in such district.

Electoral districts.

(4) !N"o person shall be qualified to be elected as a member for an electoral district unless he is a resident in it and is a member of the faculty of the School of Dentistry.

(5) One member shall be elected by and from the faculty of the School of Dentistry.

(6) When a vacancy occurs in the representation of the faculty such vacancy shall be filled by the facultv. R.S.O. 1897,'c. 178, s. 3.

5. The Province of Ontario shall, for the purposes of this Act, be divided into the seven electoral districts described in Schedule " A," RS.O. 1897, c. 178, s. 4.

EiecUon of 6. — (1) An election of the Board shall be held on the second Wednesday of December in every second year, reck- oning from the year 1910; and the present Board shall hold office until the first meeting of the new Board.

(2) !N'o person shall be qualified to vote at such election if he is in arrear in respect of any fees payable under the provisions of this Act.

(3) The votes at such election shall be given bv closed voting papers, "Form 1, which shall be delivered, or, if sent by mail, shall be received, at the office of the Secretary of the Col-

105

lege not earlier than the third Wednesday in November and not later than the second Wednesday in December in the year in which the election takes place.

(4) The manner of holding such election with respect to notification of the electors of the time and place of hold- ing the election, the nomination of candidates, the presiding officer thereat, the taking and counting of the votes, the giving of a casting vote in case of an equality of votes, and other necessary details shall be determined by by-law of the Board, and in default of such by-law, may be prescribed by the Lieutenant-Governor in Council. R.S.O. 1897, c. 178, s. 5.

7. Any member of the Board may at any time resign by ^^^^cj^^s^''^ notice in writing to the Secretary, and in the event'of such fined. ' resignation, or of a vacancy occurring by death or otherwise, the remaining members of the Board shall, from the mem- bers of the College resident in the electoral district in which the vacancy occurs, elect some fit and proper person to fill the vacancy for the remainder of the term. R.S.O. 1897, c. 178, s. 6.

8.— (1) Every newly elected Board shall hold its first ^"^^jfafl meeting in the City of Toronto, on the first Monday in May or at such other time as may be fixed by the retiring Board, and the members of the Board shall hold office until the first meeting of their successors.

(2) Other meetings shall be held at such time and place as the Board appoints.

(3 J Special meetings shall be called by the President on the request in writing of four members of the Board. R.S.O. 1897, c. 178, s. 7.

(4) All meetings shall continue from day to day until the business is finished ; but no meeting shall continue for more than one week. R.S.O. 1897, s. 178, s. 20 (2).

OFFICEES OF BOAKD.

9. — (1) ilverv Board shall ar its first me(Mino; elect a appointment

of President

J Resident, a Vice-President and a Registrar, and shall and other appoint a Treasurer and a Secretary, and such other officers as the Board considers necessary.

(2) The Treasurer and the Secretary shall receive such r( muneration for their services as the Board may fix. 105

(3) The Board shall, if the President and Vice-President are absent, elect one of its members to preside at its meeting, who while so presiding shall have the same powers, and exer- cise the same fmictiona as the President. 178, 8. 8.

ii.S.O. 1897, c.

Remunera- tion.

Funds pay- able to the Treasurer.

10. There shall be paid to each member of the Board such fees for attendances, as shall be fixed by law, not exceeding $20 per day, and such reasonable travelling expenses as may be allowed by the Board. R.S.O. 1897, c. 178, s. 9.

11. All moneys under the control of the Board shall be paid to the Treasurer, and shall be applied for the purpose of the College. ll.S.O. 1897, c. 178, s. 10.

Establish- ment of a School of JL>entistry.

Examina- tion.

SCHOOL OF DENTISTRY.

/

12. The School of Dentistry in the Uity of Toronto estab- lished by the Board is hereby continued. K.S.O. 1897, c. 178, s. 11.

i

13. — (1) The Board may appoint one or more examiners for the matriculation or preliminary examination of all stu- dents entering the profession, or may accept in lieu of such matriculation or preliminary examination evidence that a student has passed any other satisfactory examination.

(2) Such examination shall be passed prior to entering into articles with a licentiate of Dental Surgery. R.S.O. 1897, c. 178, 8. 12.

curricuiuni 14. — (1) The Board may prescribe a curriculum of eta ' studies to be pursued by students, and fix and determine the

period for which every student shall be articled and employ- ed under a duly licensed practitioner, the examination neces- sary to be passed and the fees to be paid to the Treasurer before a certificate of license to practise Dental Surgery is issued. i

Admission of (2) The Board may prescribe the conditions upon which

other per- ■ */ ^ ^

sons. dentists residing elsewhere tlian in Ontario, and students

and graduates from other dental colleges may be admitted to membership in the College. RS.O. 1897, c. 178, s. 13.

^rrange-^ 15. The College may, subject to the approval of the

education of Lieutenant-Governor in Council, make arrangements with

studeiiLS

any university or college in Ontario for the attendance of students of the School of Dentistry at such lectures or classes in such university or college as may come within the course or subjects of instruction prescribed by the by-laws of the 105

Fees.

College, and may, subject to such approval, agree with any such university or college, for the use of auy library, museum or property belonging to, or under the control of, sucii uni- versity or college, and may atiiliate with any such university or college, and may enter into all arrangements necessary to that end upon such terms as may be agreed upon. E,.b.O. 1897, c. 178, s. 14.

16. The Board may by by-law providci that any licentiate X*Vf e°' in dentistry, being a member of the College of not less than be' conferred, hve years' standing, shall receive the title of " Master of Dental Surgery," upon passing such examination and com- plying with such regulations as the Board may prescribe. E.S.O. 1897, c. 178, s. 16.

BY-LAWS OF BOAKD.

17. — (1) The Board shall make such by-laws as it may The Board to deem necessary for the proper and better guidance, govern- regulations,' ment, discipline and regulation of the Board, the College, the ^" ^' ^^^' members of the College and the profession of Dental Surgery and the carrrying out of the provisions of this Act, and such by-laws shall be published for two consecutive weeks in the Ontario Gazette, and shall not take effect until so published. )

(2) Such by-laws or any of them may be annulled by the May be

Lieutenant-Governor in Council. R.S.O. 1897, e. 178, s. 17. Lieutenant- Governor.

CERTIFICATES OF LICENSE.

18. — (1) All persons being Britisih subjects by birth or Certificates naturalization, who were engaged on 4tli day of March, 1868, granted to in the practice of the profession of dentistry, or, who, not^^sont" ^^^' having been residents of Ontario, had then had three years' experience in the practice of dentistry, shall be entitled to the certificate of '' Licentiate of Dental Surgery," upon furnishing to the Board satisfactory proof of their having been so engaged, or having had such experience, passing tha required examination and paying the prescribed fees.

(2) All persons being British subjects by birth or natur- alization, who were continuously engaged for five years and upwards in established ofRce practice, next preceding the 4th (lay of March, 1868, in the practice of the profession of dentistry in Ontario shall, upon satisfactory proof thereof, and upon payment of the prescribed fees, be entitled to such certificate without pafsinii" any examination. R.S.O. 1897, c. 178, s. 18. 105

Annual

examlna-

lions.

6

19. — (1) TIk' Board once at least in every year, shall cause to be held at a time fixed by the Board, an exaiuination of the candidates for certiiicates and such titles as the Board has authority to grant.

i Fjxamina- (2) At every such examination the candidates shall be

In writing, cxaiiiinc d orally or in writing or otherwise, by examiners to

be appointed for that purpose by the Board, in such subjects

as the Board shall prescribe.

Fees of examiners.

(8) The examiners shiill receive such remuneration as may be fixed by the Board.

Declaration to be made by examln- era

(4) Each examiner, sliall ilf required, sul.

tjike the following declaration:

"I solemnly declare that I will perform my duty of Examiner clarTtlon. without fear, favour, affection or partiality towards any candidate, and that I will not knowingly allow to amy candidate any advan- tage which is not equally allowed to all."

RS.O. 1897, c. 178, c. 10

Certificate of License.

Designation and title.

20. — (1) If the Board is satisfied by the examination that the candidate is duly qualified to practise the profession of Dental Surgery, and that he is a person of integrity and good moral character, it shall, subject to the by-laws, grant him a certificate of license and the title of " Licentiate of Dental Surgery," which certificate and title shall entitle him to all the rights and privileges conferred by this Act. K.S.O. 1897, c. 178, s. 21.

Annual meet ing for granting licenses.

(2) The Board shall hold at leas^t one meeting in each year in the City of Toronto, for the ]mrpose of granting such certificates and titles and for the transaction of such other business as may properlv come before it.

RS.O. 1897, c. 178, s. 20 (1).

Certificate to be under the corporate seal. Evi- dence.

21. Every certificate of license shall be sealed with the corporate seal of the College and signed by the President and Secretary of the Board ; and the production of such cer- tificate of license shall be prima' facie evidence in all courts and upon all proceedings, of its execution and contents. K.S.O. 1897, c. 178, s. 22.

Return of

licenses

granted.

22. The Secretary of the Board shall, on or before the 15th day of January in each year, transmit to the Provincial Secretary a certified list of the names of all persons to whom certificate of license have been granted during the year ending on the next preceding 31st day of December. R.S.O. 1897, c. 178, s. 23. 105

23. Every person desirous of being examined toucliing Cfen'^i^^tes his qualifications for the practice of the profession of Dental before ex- Surgerj, shall, at least one month before such examination, pay to the Treasurer the prescribed fees, and deliver to the Secretary the Treasurer's receipt for the same, together with satisfactory c\adence of his service under articles and com- pliance with the rules and regulations prescribed by the Board, and of his integrity and good morals. R.S.O. 1897, c. 178, s. 24.

ANNUAL FEES.

24. — (1) Every member of tjhe College engaged in the Annual fees, practice of Dental Surgery in Ontario shall, on or before the first day of November in each year, pay to the Treasurer or to a person deputed by him to receive the same, such annual fee, not less than $1 and not more than $3, as may be pre- scribed by by-law of the Board, towards the general expenses of the College, and such fee shall be recoverable by suit in the name of the Royal College of Dental Surgeons of Ontario in the Division Court of the division in which the member in default resides.

(2) For any services rendered in the practice of Dental Surgery while he is in default in respect of any annual fee a member s'hall not be entitled to recover in any Court. R.S.O. 1897, c. 178, s. 25 (1).

PENALTY FOR PRACTISING WITHOUT LICENSE.

25. — (1) No person who is not a member of the College No persons shall by himself or by any other person practise the profession without cer- of Dental Surgery, or perform any dental operation upon, without au- or prescribe any dental treatment for any person, for hire, ^me^certain gain or hope of reward, whether by way of fees, salary, rent, ^'*'®* [)ercentage of receipts or in any other form, or shall pretend to hold, (>r take or use any name, title, addition or description implying that he holds a certificate of license to practise Dental Surgery, or that he is a member of the College, or shall falsely represent, or use any title representing that he is a graduate of any Dental College.

(2) Every person who contravenes any of the provisions penalty, of this section shall, for the first offence, incur a penalty not exceeding $r)0, and for every subsequent offence a penalty not exceeding $100 and he shall not be entitled to sue or recover in any Court for any services which he performed, or ma- terials which he provided, in the ordinary and customary work of a dental surgeon. 106

8

(3) This section shall not prevent any duly articled student of Dental Siir^ry from receiving instruction in clinics and practice under the personal supervision of a member of the College. RS.O. 1807, c. 178, ss. 26 and 32. Amended.

Penalties how recover- able.

(4) The penalties shall he recoverable under The Ontario Summary Convictions Act and shall be paid over by a Ft^"^' ^^^"fclie convicting justice to the Treasurer of the College. R.S.O. 1897, c. 178, s. 27.

tions'burden ^^- ^^ ^^^^ prosecution Under this Act, the burden of

be on**d -*° P^^^^ ^^^^ ^^® defendant is entitled to practise the profession

fendant of Dental Surgery, or to use the title assumed by him, or that

he is a graduate of the Dental College of which he professes

to be a graduate, shall be upon him. R.S.O. 1897, c. 178,

s. 31.

SUSPENSION OR CANCELLATION OF CERTIFICATE.

Power of Board to suspend or cancel certificates.

27. — (1) The Board may suspeoid or cancel the certificate of License of a member of the College who has been heretofore or shall hereafter be convicted in Canada or elsewhere of an indictable offence if his conviction remains unreversed, or who has been or shall be guilty of any infamous, disgraceful or improper conduct in a professional respect, but this power shall not be exercised if the conviction is for a political offence committed out of His Majesty's Dominions, or for an offence which, though indictable, ought not, either from its nature or from the circumstances under which it was committed, to disqualify the person convicted from practising dentistry.

(2) Where a member has been guilty of infamous, disgrace- ful or improper conduct in a professional respect the power conferred by subsection 1 may be exercised notwithstanding that -he has been acquitted of a criminal charge in respect of the same matter.

(3) The Board may of its own motion, and upon the appli- cation of any four members of the College shall, cause inquiry to be made into 'any case in which it is alleged that a member of the College has become liable to the suspension or cancella- tion of his certificate of license for any of the causes men- tioned in subsection 1.

standing Committee

(4) The Board shall appoint and shall always maintain or Inquiry. ^ Committee of its own body for the purpose of ascertaining the facts of each case which may become the subject of inquiry. 106

(5) The Committee shall consist of such number of mem- bers, not less than three or more than five, as the Board may prescribe, three of whom shall be a quorum.

(6) The Board may pass by-laws for determining the ^y'{|J5^^j.*®jjf tenure of office of the members of the Committee and for theofflce and r^ulation and conduct of its proceedings. before

(7) Subject to the provisions of this section and of the by-laws of the Board, the Committee may regulate the time and place for the holding, the manner of the convening and giving notice, and the conduct of its meetings.

(8) If a vacancy occurs in the membership of the Com- mittee the remaining members may appoint a member of the Council to fill the vacancy, and the member appointed shall hold office until the next meeting of the Board.

(9) Notwithstanding any vacancy in the Committee, so long as there are at least three members thereof, it shall be competent for the Committee to exercise all or any of its powers.

(10) The Committee may employ, at the expense of the^'^P^g'jyt^ncl Board, for the purposes of any inquiry, such legal or other assistance as the Committee may deem necessary.

(11) The mem'bor whose conduct is the subject of inquiry ^^^(J^'^^l* shall have the right to be represented by couniel,

(12) All meetings of the Committee for taking evidence JJ^e^^'f^Jf or otherwise ascertaining the facts shall be held within the county or district in which the member whose conduct is the subject of inquiry resides.

(13) At least fourteen days' notice of the meeting of themeetlng. Committee for taking the evidence or otherwise ascertaining

the facts shall be given to the member whose conduct is the subject of inquiry.

(14) The notice shall contain a statement of the matter whioih is to form tlie subject of the inquiry.

nS) The testimony of the witnesses shall be taken under SK*"" **" oath, which the Chairman or any member of t^e Committee may administer, and there shall be full right to cross-exam ir-e all witnesses called and to adduce evidence in defence and in reply.

106

10

Effect of (16) If the person whoiH' conduct is tte subject of th«

ance. inquiry though duly notified does not attend, the Committee

may proceed in his absence^ and he shall not be entitled to

notice of the future meetings or proceedings of the Committee.

Subpoena*, (17) The Committee and any party to the proceedings

may obtain on prcecipe from the High Court a subpoena for the attendance of witnesses and the production of books, documents and things, and disobedience thereof shall be deemed a contempt of Court.

witness feea ^^q^ Witnesses shall be entitled to the like allowances as witnesses attending upon the trial of an action in the High Court.

Report (19) The Committee shal report to the Board the

evidence addue^ and the Committee's findings thereon.

(20) The Board may act upon the report of the Com- mittee and may make such order thereon as the Board may deem just.

^°^^* (21) Where the complaint is found to be frivolous or

vexatious, the Board may pay sudh costs as to it may seem just to a member whose conduct has been the subject of inquiry.

(22) Where the Board directs the certificate of license of a member to be suspended or cancelled, it may direct that the costs of and incidental to the inquiry be paid by such member, and after taxation of such costs by one of the taxing officers ot Toronto, execution may issue out of the High Court for the recovery thereof in like manner as upon a judgment in an action in that Court. New.

He a|a?nst° 28. ISTo action shall be brought against the Board or the Committee. Committee or any member thereof for anything done in good faith under this Act on account of any want of form or irregularity in their proceedings, but a member whose cer- tificate of license 'has been suspended or cancelled may at Appeal from any time within six months from the date of the decision Board!'^ "^ of tbe Board appeal from the decision of the Board to a Divisional Court of the High Court. New.

procedifre*"on ^9. The practice and procedure upon and in relation to

l^o^w VII ^^ appeal shall be similar to that provided by The Courdy

c- 30. Courts Act as to appeals from the County Court except that

the appeal s'hall be set down for argument at the first sittings

of a Divisional Court which commences after the expiration

of six months from the date of the decision complained of,

and except that the proceedings and evidence shall be certified

by the Eegistrar to the High Court, New,

106

11

30. The Board may direct the restoration of the certi- Restoration hoate of licenae of any inem'ber whose oertihcate has beeii°' certificate, cancelled under the powers confei'red by this Act, upon such

terms and conditions as the lioard may deem just. liew.

31. Nothing in this Act shall aliect or interfere with the ^j^j^ ^^^ rights and privileges conferred upon legally qualihed medical to interfere practitioners by The Ontario Medical Act. K.S.O. 1897, c. tered "^medi-

i7ft a '^'-i ' cal practl-

liO, S. tJO. tloners.

32. Chapter 178 of the Revised Statutes of Ontario, 1897, Repeal. IS repealed.

SOREDULE "A."

ELECTORAL DISTRICTS.

Electoral District No. 1 shall be composed of the following counties: — Addiugton, Carletou, Dundas, Froutenac, Glengarry, Grenvilie, Lanark, Leeds, Lennox, Prescott, Russell, Renfrew and Stormont.

Electoral District No. 2 shall consist of the following districts and counties: — Algoma, Durham, Haliburton, Hastings, Kenora, Manitoulin, Muskoka, Nipissing, Northumberland, Ontario, Prince Edward, Parry Sound, Peterborough, Rainy River, Sudbury, Thunder Bay, Victoria and York except the city of Toronto.

Electoral District No. 3 shall consist of the City of Toronto.

Electoral District No. 4 shall consist of the following counties: — Halton, Dufferin, Lincoln, Peel, Simcoe, Wentworth and Welland.

Electoral District No. 5 shall consist of the following counties: — Brant, Elgin, Haldimand, Norfolk, Oxford and Waterloo.

Blectoral District No. 6 shall consist of the following counties: — Bruce, Grey, Hiwon and Wellington.

Electoral District No. 7 shall consist of the following counties: — Essex, Kent, Lambton, Middlesex and Perth.

RS.O. 1897, c. 178, Sched. A.

FORM 1. Voting Papeb.

Blection 19 Electoral District No.

1, of the of

in the county or district of member of the

Royal College of Dental Surgeons of Ontario, declare: —

1. That the signature affixed hereto is my proper handwriting. 106

12

2. That I am a voter In the Blectoiral District No. and that 1 vote for of the of In the county or district of a member of the Royal College of Dental Surgeons of Ontario and an elector in said Electoral District to be a member ol the Board of Directors of the College for the said district

3. That I have not in this electron signed any other voting paper and that this voting paper was executed on the day of the date thereof.

Witness my band this day of 19

R.S.O. 1897, c. 178, Sched. B.

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No. 106.

BILL

1911.

An Act respecting Pharmacy.

Short title, s. 1.

Ontario College of Pharmacy

continued, s. 2. Power to hold real estate, s. 3. Pharmaceutical Council, ss.

4-10. Examination of candidates fob

certificates of competency,

ss. 11-13. Who may apply for certificate,

a. 14. Preliminary Examinations, s.

15. Registration of qualified per- sons, ss. 16-23.

Certificate to be displayed, s.

24. Retiring from business, s. 25. Death, s. 26.

Preparation of compounds, s. 27. Sale of poisons, ss. 28-34. Offences and Penalties, sa.

35-39. Medical practitioners, etc., not

affected by this act, s. 40. Sales to chemists, etc., not

affected, s. 41. Patent medicines, s. 42. Honorary members, s. 43. Division associations, s. 44. Repeal, s. 45,

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. This Act may be cited as The Pharmacy Act R.S.O. Short title. 1897, c. 179, 9. 1.

2. The Ontario College of Pharmacy, hereinafter called oSiie»^ of "the College,'-' is hereby continued. R.S.O. 1897, c. l79,^';;[|^Sed. s. 2.

3. The College may purchase, take and possess for the Poj^eji^ Jjj purposes of the College, but for no other purpose, and after f>state. flf'quiring the same, may soil, mortfrairo, leaso or dispose of

any real estate. New.

PHARMACEUTICAL COUNCIL.

4._(1) There shall be a Council of the Colle.ire to bcg^'J^c" <>' called the Pharmaceutical Council, hereinafter called "Thecomposed. Council" which shall consist of thirteen members, who shall be elected as hereinafter provided, and shall hold oflBce for two years. 106

(2) The Council shall, subject to the by-laws thereof, have sole control of the real and personal property of the College, and authority to grant certificates of competency to conduct the business of a chemist or druggist, and to be registered subject to the provisions of this Act.

(3) The members of the council shall be elected from among those members of the College v<^ho are actively en- gaged on their own account, and as proprietors, in the occu- pation of Pharmaceutical Chemists, whether carrying on business as retail, wholesale, or manufacturing chemists, and who reside in Ontario. R.S.O. 1897, c. 179, s. 4.

Electoral divlsiona

5. — (1) The Province of Ontario shall, for the purposes of this Act, be divided into thirteen Electoral Districts de- scribed in Schefliilo " B." New.

Re-arrange- ment of.

Subsequent elections.

(2) The Council may re-arrange the geographical boun- daries of the Electoral Districts by by-law, approved of by the Lieutenant-Governor in Council, but such re-arrangement shall not be made more often than once in ten years. R.S.O. 1897, c. 179, s. 5 (8).

6. An election of members of the Council shall be held on the first Wednesday in August in every second year, and the persons qualified to vote at the election shall be such persons as are members of the College, and are liable to pay the annual fee under this Act. P.S.O. 1897, c. 170, s. 7; 5 Edw. VIT. c. 16, s. 3.

Members of 7. — (1) One member of the Council shall be elected for

Council to be . __, J" ■■ -r^ . ■• i

residents of each Electoral District by the members of the College, resi- district dent in such District and he shall be a person carrying on

the business of a chemist or druggist therein.

(2) The manner of holding such election, with resppot to notification of the electors of the time and place of holding the election, the' nomination of candidates, the presiding officer thereat, the taking and counting of the votes, the giving of a casting vote in case of an equality of votes, and other necessary details shall be determined by by-law of the Council, and in default of such by-law may be prescribed by the Lieutenant-Governor in Council. New.

Resignation 8. A member of the Council mav at anv time resign bv

of members, .•• .. ti>. f t /^ tt !•!

and vacancy notice m writmff to the Keffistrar of the Colleffe ; and m the

how filled. ,, , ^ . ^. ' ^t, X.C

event of such resignation or m the nvent of a vacancy occur- riuff, the remaining members of the Council shall anuoint n member of the College carrying on business in the Electoral 106

District in the representation of which the vacancy occurs, to fill the same. R.S.O. 1897, c. 179, s. 6 ; 5 Edw. VII. c. 10, 9. 2.

9. The Council shall, at their first meeting, elect from Election of among themselves a Pre^iident and a Vice-Presidient, and and officers, shall appoint a Registrar and such other oflScers as the Coun- cil may consider necessary, R.S.O. 1S97, c. 179, s. 8.

10. — (1) The Coimcil shall hold at least two meetings Meetings of

- , . p , , . . , the Council.

for the transacftion of general business m every year, on the first Monday in June, and the third Monday in !N'ovember, at such places as they may by resolution appoint.

(2) Unless otherwise provided by by-law of the council notice of such two meetings shall be given once a week for at least four weeks in the Ontario Gazette, and in at least two newspapers published in the City of Toronto. R.S.O. 1897, c. 179, s. 9; 63 V. c. 21, s. 1; 5 Edw. YII. c. 16, s. 4.

POWERS OF COUNCIL.

11. — (1) The Council may establish and carry on a powers of school CI instruction and appoint such professors, lecturers, sc,""o^/of^ ^" instructors, officers, servants and employees therefor as may instruction. be deemed necessary.

(2) The school now established and carried on by the Council in the City of Toronto mav be continued. New.

12. — (1) Subiect to the disallowance thereof by thePowers of the

Council cis to

Lieutenant-Governor in Council, the Council may prescribe subjects of the subjects upon which candidates for certificates of com- fees, etc petency shall be examined, and a curriculum of studies to be pursued by the students, establish a scale of fees, not to exceed $10, to be paid by persons applying for examination, make by-laws, rules and orders, for the regulation of its own meetings and proceedings and those of the College, and for the discipline, suspension or expulsion for cause of any stu- dent, and for the remuneration and appointment of examin- ers ami officers of the College, for defining the duties of such examiners and officers, for the payment of remuneration or indemnity to the momber.s of the Council, for atltending its meetings or upon the business of the College, and in respect to any other matters which the Council may deem requisite for the carrying out of this Act. R.S.O. 1897, c. 179, s. 10 (^): r> Edw. VII. c. 16, 8. 5.

106

Allowances (2) hi)t luoi'e lliaii jUve cents per iiuie lor Iravelimi' ex-

peijtiea, or more ilian Jjso.UU per uieiu lur bucli aaya aa u lueiiji- U r is in actual attendance at a meeting oi tlie Lonncii or at any meeting mentioned in subsection o or upon tiie busi- ness of the (JoiJege including going to mid reiurning lliere- froin shall be allowed to him lor sucli expenses and remuner- ation. K.S.O. 1897, c. 179, s. 10 (2); 5 Edw. Vil. c. 16, s. 6.

Appointment (3) The Council may appoint, from time to time, one or tative to more representatives to attend meetings of Inter-Provincial Provincial* ' or other Pharmaceutical Associations, and may pay out of the College funds to any one or more of such Associations, such biims as it may deem proper. 10 Edw. Vll. c. 78, s. 1.

Associationa

Who may 13. The examinations of the CoUeire may be conducted

by the members of the Council, or by persons appointed by the Council. R.S.O. 1897, c. 179, s. 11.

W^llO MAY AFPI.Y FOR CEKTIPICATES.

S"Sl?didat^8 ^^- — ^^) Subject Lo the rules, regulations and b^-laws, cat ''^'"V ^" the following persons and no others may be admitted as can- competency, didates for certificates of competency:

(a) Any person who was registered as an apprentice prior to the 23rd day of March, 1889, and who furnishes to the Council satisfactory evidence of having, in pursuance of a binding contract in writing for that purpose, served as an apprentice to a regularly qualified pharmaceutical chemist for a term of not less than three years ;

(fe) Any person of the full age of twenty-one years registered as an apprentice on or after the 23r(l day of March, 1889, who furnishes to the Coun- cil satisfactory evidence of having so served as an apprentice for a term of not less than four years and who has attended two courses of lectures at the School, comprising pharmacy, practical phar- macy, chemistry, practical chemistry, materia medica, botany and reading and dispensing pre- scriptions. K.S.O. 1897, e. 1T9, s. 12 (1); 5 Edw. VII. c. 16, s. 7.

(2) The period occupied in attending the first of the two courses of lectures may be counted as part of the term of ap- prenticeship. 106

(3) If auj persou, by i-easoii of the death, failure in busi- ness, or removal of his employer, or from any other cause satisfactory to the Council, is unable to complete his term of apprenticeship, he may enter into a new contract to complete the remainder of his unfulfilled term with any other regular- ly qualified pharninceutical chemist. R.S.O. 1897, c. 179, s. 12', (2-4).

(4) [N^ofthing in this section shall apply to any person who had, prior to the 25th day of March, 1884, begun his appren- ticeship with a regularly qualified pharmaceutical chemist without such binding contract in writing. R.S.O. 1897, c. 179, s. 12 (2-4).

PEELIMINAKY EXAMINATIONS.

15, — (1) Every person desirous of becoming apprenticed Mat ricuia- shall, before the term of his apprenticeship begins, send to^me"ntras'to.' the Registrar the sum of $1 together with a certificate of the Department of Education or of a University or College with- in Ontario, or other evidence satisfactory to the Council, showing that the applicant has passed an examination as re- quired for universit}' matriculation in arithmetic, algebra, English history, Canadian history, English grammar, and composition and Latin.

(2) The Council may make such changes in the subjects Power to mentioned in the next preceding subsection as it may deem rSum as''to necessary in order to comply with the requirements of theuonl"'''"''''" Department of Education. 63 V. c. 21, s. 2.

(3) If an applicant has failed to obtain pass standing in Extended not more than two subjects he may be apprenticed and re- passing gistered, and his term of apprenticeship shall then begin : pro- subjects, vided that he completes his matriculation by passing in such

two subjects at any subsequent examination before entering on the first course of lectures at the School. New.

(4) Except as to the fee payable, this section shall not p-^'^f'P"?" ^^

1, .1 . ,. . T-. to applloia.-

apply to matriculants in arts or medicine in any British ortion of Colonial University or College, or tJie holders of senior leav- ing or junior leaving certificates issued by the Department of Education, or to persons who produce evidence of having passed an examination at least equal in point of standard to that of the latter. 63 V. c. 21, s. 2.

(5). Upon complying with tlio provisions of this section the applicant shall he entitled to be registered as an a})pron- tice. New.

IOC

REGISTRATION.

Register, how kppt.

16. Tlic Ki ^i.^ii-iir shall k( cp ;i I'eiiister, l^'orin 1, of all per- sons ctiiitlc'l to l)c rouistercd as a pharmaceutical chemist imder this Ad, and shall enter opposite the names of all registered persons who have died, a statement of that fact, and shall make all necessary alterations in the addresses of persons registered, and shall cause to be printed and publish- ed on or before the fifteenth day of June of each year, an alphabetical list of the members who were on the first day of June of that year entitled to cnrrv on business as pharma- ceutical chemists. R.S.O. 1897, c. 17i». s. 14.

Entry on the roll.

17. Any person who has passed the prescribed examina- tion to the satisfaction of the Council, shall be entered upon the register, and shall become a member of the College. R.S.O. 1897, c. 179, s. 15.

hoidii^ ^^' ^11 persons approved of by the Council who hold

fn>m oth^er diplomas from the Pharmaceutical Society of Great Britain, be^regfstereZ ''^" Certificates from any Pharmaceutical College in the Dominion of Canada or elsewhere, may be registered as mem- bers of the College without the examination prescribed by this Act. RS.O. 1897, c. 179, s. 16.

Who may be entered on the register.

Appeal from decision of the registrar.

Fraudulent or incorrect entries may be erased.

19. JSTo name shall be entered in the register unless the Registrar is satisfied by proper evidence that the person claiming is entitled to be registered; and any appeal from the decision of the Registrar shall be decided by the Council ; and any entry proved to the satisfaction of the Council to have been fraudulently or incorrectly made, may be erased from "or amended in the register by order of the Council. R.S.O. 1897, c. 179, s. 17.

Certificate to be

granted on registration.

20. Upon a person being registered, he shall be entitled to receive a certificate. Form 2, under the corporate seal of the College, and signed by the Registrar, and such certificate shall be prima facie evidence in all courts, and upon all proceedings of whatever kind of its execution and contents, R.S.O. 1897, c. 179, s. 18.

Pees.

21. — (1) There shall be payable to the Registrar, for the uses of th.e College, on the first day of May of each year, or such other day as the Council may fix by by-law, by every person registered and carrying on business as a pharmaceuti- cal chemist, and by every registered director and registered manager of an incorporated company carrying on the busi- 106

ness of a pharmaceutical chemist, such sum not exceeding $4 as maj be determined by by-laws of the Council, and if such person or incorporated company carries on business in more than one shop, each such person and his registered manager and each registered director and registered manager of such incorporated company shall pay a further sum not exceeding $4, as provided by the by-laws of the Council, for each additional place of business carried on.

(2) No person shall manage or have charge of any such additional place of business unless he is registered as a pharmaceutical chemist. R.S.O. 1897, c. 179, s. 19 ; 5 Edw. VII. c. 16, s. 8.

22, Any person registered under section 17, and no t)ther^° ^^J^"^^® person, shall be entitled to be called a pharmaceutical Pharma-

, . 1 . , , . ceutlcal

chemist, and no person except a pharmaceutical chemist, or chemist, his registered apprentice, shall compound prescriptions of medical practitioners ; but no person shall be entitled to any of the privileges of a pharmaceutical chemist, or of a member of the College, who is in default in respect to any fees pay- able by him by virtue of this Act. R.S.O. 1897, c. 179, s. 20.

23, Upon a resolution of the Council being passed declar-jfj^^^g"^^ ing that any person in consequence of his conviction of a crime 'J'onv'icti on or of an offence against this Act, is, in the opinion of the"' offence. Council, unfit to be on the register, the Lieutenant-Governor

in Council may direct that the name of such person shall be erased from the register, and the Registrar shall erase the same accordingly. R.S.O. 1897, c. 179, s. 21.

24, Every pharmaceutical chemist carrying on business ^^'^''^^'*^^^® on his own account and every manager of each additional ^"Widy^^^ place of business shall display his certificate in a conspicuous position in his place of business, or the place of business

which ho manages. R.S.O. 1897, c. 179, s. 22.

25. Every person registered as a pharmaceutical chemist Person shall, on retiring from business, give the Registrar notice in from bust- writing of the same, and his name shall be erased from thenotify register, and ho shall cease to on joy any of tto privileges of '^^*' the College, and in default of such notice he shall remain liable for his annual registration fee; but any such person may resume business at any time after retiring therefrom upon giving notice in writing to the Registrar of his intention so to do, and upon payment of the annual regisitration fee for the then current year. R.S.O. 1897, c. 179, s. 23. 106

8

Executors 26. Nothing in this Act shall prevent the executor or ad- may carry ^ ^r

on busincBs iiiinistrator or the trustee of the estate of any person legally chemiBt. etc. authorized to carry on and actually carrying on the business of a pharmaceutical chemist at the time of his death, from coiitiiiuing the business so long only as it is bona fide con- ducted by a pharmaceutical chemist registered under this Act, if such executor, administrator or trustee continues to pay the annual registration fee. K.S.O. 1897, c. 179, s. 24.

PREPAKATION OF COMPOUNDS.

How com- 37. Unless the label distinctly shews that the compound is

pounds are ^ j-x 0.1. j*i 1

to be prepared according to another formula, every compound

prepare named ;ln the British Pharmacopseia shall be prepared accord- ing to the formula directed in the latest edition published " by authority " uiitil the College of Physicians and Surgeons of Ontario selects another standard and thereafter according to such standard. R.S.O. 1897, c. 179, s. 25.

SALE OF POISONS.

Restriction 28. No pcrsOU shall,

on sale of poisons, etc.,

Hie assump- (^0 Sell or keep open shop for retailing, dispensing or

certain' compounding poisons, drugs or medicines except

*^*'®^- l)atent or proprietary medicines, (subject to

section 42) and except turpentine, epsom salts, senna, alum, borax, castor oil, sulphur, glauber's salt, cream of tartar, carbonate of soda, bi-carbon- ate of soda, glycerine, carbonate of magnesia, citrate of magnesia, rochelle salts, blue stone, cop- peras, saltpetre, spirits of nitre, rhubarb root, solution of ammonia, phosphate of soda, gum camphor, quinine, or chloride of lime, or sell or attempt to sell any of the articles mentioned in Schedule A, or

(h) Assume or use the title of " Chemist and Druggist," or " Chemist,"or " Druggist,'' or " Pharmacist," or " Apothecary," or " Dispensing Chemist," or " Dispensing Druggist," or any sism. title or advertisement,, implying or calculated to lead the public to infer that he is registered under this Act.

unless such person is registered under this Act, and has a certificate under section 20. R.S O. 1 807, c. 170, s. 2fi. pnr^ : 5 Edw. VIT. c. 16, s. 9 ; 9 Edw. YTT. c. 64, s. 1.

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9

29, No incorporated company sliall do any of the acts ly^fnc^^^* prohibited by the next preceding section, unless a majority po^^e^j of the directors thereof are duly registered under this Act, and unless one of such directors personally manages and conducts such open shop, and has his name and certificate displayed in a conspicuous position therein, and no person not so registered shall in any way interfere with or take part in the management and conduct of such shop, and anything done or omitted which would be an offence under this j\ct if done or omitted by an individual shall be an offence by each of such registered directors, and by such company, and the prosecution of any one or more of them shall not be a bar to the prosecution of the other or others. H Edw. VTT. c. 25, 8. 1.

30. — (1) j^othing in this Act shall prevent the sale, by poisons may persons not registered, of paris green, hellebore, tincture of any^ person iodine, arsenate of "lead, carbolic acid, not exceeding a "p.^^o'n."** five per cent, solution, and London purple, if such articles are sold in well secured packages distinctly labelled with the name and address of the person preparins: or puttini np such packages and marked " poison." R.S.O. ISOY, c. 179, a. 96, pari: 9 Edw. VTT. c. 64, s. 2.

f2) A record shall be kept by the vendor in a book for g^^e'^^j^'ar- that purpose of the name and address of each person to bouc acid, whom the carbolic acid is sold. 9 Edw. VTT. c. 64, s. 2.

31. — (l) 1^0 person or incorj)orated company shall sell cocaine, etc, by retail, furnish or dispose of alkaloid cocaine or its salts prescription or alpha or beta eucane or their salts or any admixture of ^"* ' cocaine or eucane except upon* the written prescription of a legally qualified medical practitioner, which shall be retained J>y the person who sells, furnishes or disposes of the same, and a record of the prescription shall be kept in a book which shall contain the name of the physician, the number of the prescription, the quantity sold, the name of the person for whom pr<^8cribed or supplied, and. the date of the sale.

(2) The prescription shall not be filled more than once J'^t^o'^b""" add no copy thereof shall be taken by or given to any person ^^^^ ^^^* by the person who has the custody or control thereof.

(3) Alkaloid cocaine or its salts and al])ha and Ix^ta not to sell eucane or their salts, or any admixture thereof, shall not be ph^ma- ° sold or disposed of by wholesale exce|>t upon the written ^hemut. order of a pharmaceutical chemist, a legally qualified medical practitioner, a licensed veterinary surgeon or a licentiate of dental surgery and unless the person so selling

10«

10

or disposing by wholesale affixes or causes to be affixed to the bottle,box, vessel or package containing the articles sold and also upon the outer wrapper of the package as put up by the manufacturer a label distinctly displaying the name and quantity of cocaine or its salts or alpha or beta eucane or its salts, sold or disposed of and the word " poison " with the name, address and place of business of such person, all printed in red ink.

Record ot sales to be kept by- vendor.

(4) The person or incorporated company who so sells or disposes by wholesale shall before delivorins^ any of such articles make or cause to be made in a book kept for that purpose an entry of the sale or disposal thereof stating the date of sale or disposal, the quantity, name and terms in which the sale or dispopition was made, the name in full and the address of the person to whom the sale or disposal was made, and the name of the person by whom the entry was made, and the books shall be preserved for at least five years after the date of the last entry made therein. 8 Edw! VTT. c. 40, s. 1.

Certain articles to be deemed poisons.

32. The articles mentioned in Schedule A shall be deemed to be poisons within the meaning of this Act, and the Council may by resolution declare that any article in the resolution named ought to be deemed a poison within the meaning of this Act, and thereupon the Council shall sub- mit the resolution for the approval of the Lieutenant- Governor in Council, and if approved, such resolution and the approval thereof, shall be published in the Ontario Gazette, and on the expiration of one month from such publi- cation, the article named in the resolution shall be deemed to be a poison within the meaning of this Act, and the same shall be subject to the provisions thereof, or such of them na mav be directed by the Lieutenant-Governor in Coimcil. R. S.O. 1897, c. 179, s 27.

Certain poisons to be sold only In a certain manner.

Regulations to be •. ob- seirved In the sale of poisons.

33.— (1) No person or incorporated company shall sell any poison, either by wholesale or retail, unless the box, bottle, vessel, wrapper or cover in which the poison is con- tained is distinctly labelled with the name of the article and the word " poison " and if sold by retail, then also with tho name and address of the proprietor of the establishment in which such poison is sold; and no person shall sell any poison of those which are in the first oart of Schedule A or may hereafter be added thereto under ?=ection 32 to any person unknown to the seller unless introdueed bv some per- son known to the seller, and on every sale of anv such article the person actually sellinor the same shall, before delivery. 10«

11

make an f ntrj, Foriu 2, in a book to be kept for that pur- pose stating the date of the sale, the name and address of the purchaser, the name and quantity of the article sold, the purpose for which it is stated by the -purchaser to be required, and the name of the person who introduced him, to which entry the signature of the purchaser shall be affixed* R.S.O. 1897, c. 179, s. 28.

(2) Ifothing in this section shall apply to any article wheoi imp. forming part of the ingredients of any medicine prescribed 3 2° v., c. 121. by a legally qualified medical practitioner if the medicine is'^' ^'^' labelled with the name and address of the seller and the in- gredients thereof are entered with the name of the person to whom it is sold or delivered in a book to be kept for that pur- pose. New.

34. Any book by this xict required to be kept shall be Books to i.e open to inspection by any Police Officer or Constable, or any spectiok^by authorized agent of ' the College. Neiv. See 8 Edw. VII. ^^^^fj^f

C. 40, S. 1 (4). of college.

OFFENCES AND PENALTIES.

35. The prohibitions, restrictions and provisions contained selling to in this Act as to selling poisons shall extend to exhibiting or g"vingf furs offering for sale, or giving, furnishing or otherwise disposing ^•|^[j^fng'' of them. New, °' poisons.

36. Xo person shall wilfully or knowingly sell any Penalties article under the representation or pretence that it is a par-saiea. tieular drug or medicine which it is not, and any person so doing in addition to any other penalty to which he may be liable shall incur the penalty prescribed by section 37. R.

S.O. 1897, c. 179, s. 29.

37. Any person who contravenes any of the provisions of Penalties this Act, shall for the first offence incur a penalty of $20, ment of and for each offence committed subsequent to such convic-'^'^ tion, a penalty of $50 recoverable under llie Ontario Sum- ^q ^^^ fmary Convictions Act, and one half shall be paid over by ^^^- °- ''• the convicting justice to the prosecutor and the other half to

the Registrar for the use of the College. R.S.O. 1897, c. 179, s. 30.

38. In any prosecution under this Act the burden shall Proof by

11 Ai - !• -i^ 1 11.11 defendant

rest on the defendant to prove tliat he is registered and noldSon prose- a certificate under this Act, and to give evidence sufficient ^^ prima facie to prove that no unregistorer] person who per- sonally takes any part in selling or dispensing drugs or medicines is interested with him in his sales thereof. R.S.O. 1897, c. 179, s. 31. 106

12

Price of articles sold

soia ^^' *^ jHMSoii who sells iiiiy article in violsition of tho pro-

thi's^'Yct ^not^^^^*^°^ ®^ ^-^^^ -^^^ ^^^^^ °*^* ^ entitled to recover any to be fharjjcs in respect thereof. R.S.O. 1S07, c. 179, 8. 32.

recovered. .-^ i ?

Act not to apply to medical practition- ers, etc.

Proviso.

Rev. Stat. c 176.

9alea to chemists, etc., not affected.

Selling patent medicines.

.\( I .NOT TO AFFECT MEDICAL I'KACTITIONEHS,

40. Nothing in this Act shall affect or interfere with the rights and privileges conferred upon legally qualified medi- cal practitioners by 77ie Ontario Medical Act, Provided that where Ruch medical practitioner desires to carry on the busi- ness of a Pharmaceutical Chemist as defined by this Act, he shall not be required to pass the examination prescribed by the College, but he shall register as a Pharmaceutical Chemist, and comply with all other requirements of this Act. R.S.O. 1897, c. 179, s. 33, part.

41. N"othing in this Act shall prevent any person from selling goods of any kind to a pharmaceutical chemist or to a legally qualified medical practitioner or to a veterinary surgeon, or shall prevent a legally qualified medical practi- tioner or a veterinary surgeon from supplying such medicine as he may prescribe, or, except as provided by section 31, shall interfere with the business of wholesale dealers in supplying poisons, or other articles in the ordinary course of wholesale dealing. R.S.O. 1897, c. 179, s. 33, part.

42. — (1) N^othing in this Act shall interfere with or affect the making or dealing in patent or proprietary medicines, except as in this section provided.

(2) The Provincial Board of Health may if in its opinion there is reason to apprehend that any such medicine contains any poison mentioned in Schedule A in such quantity as renders its use in the doses prescribed prejudicial to health or dangerous to life, may cause an analysis of such medicine to be made by an analyst or other competent person appoint- ed by the Lieutenant-Governor in Council.

(3) If on such analysis it is reported that the medicine contains any of such poisons in a quantity which renders its use in the doses prescribed prejudicial to health or dangerous to life, the Board may give notice to the manufacturer or pro- prietor of the medicine, or to his agent or representative in Ontario of the result of the analysis, and shall name a con- venient time and place at which the manufacturer or pro- prietor may be heard before the Board in opposition to the report.

(4) If the Board is of the opinion that the medicine is in the doses prescribed prejudicial to health or dangerous to life, the Bdard shall transmit to the Provincial Secretary the report of the analysis, and the objections, if any, made

106

13

to the same bj the manufacturer or proprietor, and their own report thereon, and if the Lieutenant-Governor in Council approves of the report of the Board notice thereof may be given in the Ontario Gazette, and after such notice, the pro- visions of this Act with regard to poisons shall apply to such patent or proprietary medicines whether sold by persons registered in pursuance of this Act, or by othei-s. R.S.O. 1897, c. 17P, s. 84.

IIOKOEAKY MKMBKRS.

43. The Council may elect as honorary members of the^^^^^j!^^" °' college such persons as they may deem eminent for scientific '"«"ib«'''''- attainments, but no such honorary members shall be entitled

to vote at elections or carry on the business of pharmaceutical chemists, unless registered as a pharmaceutical chemist. R.S.O. 1897, c. 179, s. 3.5.

DIVISION- ASSOCIATIONS.

I

44. In each of the Electoral Districts there may be estab-Estabush- lished a Division Association which may be called the " Divi- Territorial sion Association" of such district, of which every member of Pha^ma- the College residing in such district shall be a member, andX^otfiltjons. each representative in the Council shall be ex-officio Chair- man of such Division Association. R.S.O. 1897, c. 179, s. 36.

45. Chapter 179 of the Revised Statutes of Ontario, 1897^P«a'- and chapter 21 of the Acts passed in the 63rd year of the reign of Her late Majesty Queen Victoria, chapter 16 of the Acts passed in the 5th year, chapter 25 of the Acts passed in

the 6th year, chapter 64 of the Acts passed in the 9th year, and chapter 78 of the Acts passed in the 10th year of the reign of His late Majesty King Edward the Seventh are repealed.

[As to the sale of liquor for medicinal purposes see The Liquor License Act. R.S.O. c. 245, a. 52.]

SCHEDULE A.

Part I.

Acid, Hydrocyanic (Prusslc), DIgltalin,

Aconite, and preparations and Ergot, and preparations anii

compounds thereof, compounds thereof.

Antimony, Tartarated (Tartar Indian Hemp,

Emetic), Mercury Bichloride (Corrosive Arsenic, and preparations and Sublimate),

compounds thereof, except Morphia and Its Salts and solu

Paris Green, tlons.

Atropine, Nux Vomica.

Carbolic Acid, exceeding: a five Oil of Cedar,

per cent, solution. Strychnine and Its salts.

Chloral Hydrate, Savon and proparatlons thereof.

Cocaine, and Its preparations, Veratrine.

106

u

TAin- II.

AcetanlUde (Antifebrin),

Acid, Oxalic,

Antipyrlne,

Aniimony, preparations of,

Belladona, and preparations and compounds thereof,

Calabar Beans,

Cantharides,

Chloroform and Ether,

i^lum'bia spirits,

Conium and preparations there- of.

Cotton Root and preparations,

Cocculus Indicus (Fish Berry),

Creosote,

Croton Oil and Seeds,

Euphorbium,

Blaterium,

Formaldehyde,

Goulard's Extract,

Hyosicyamus and preparations.

Iodine and preparations,

Mercury and preparations.

Opium and preparations and compounds thereof, including laudanum but not paregoric.

Oil of Tansy,

Oil of Bitter Almonds,

Oil of Pennyroyal and prepara- tions,

Phenacetin,

Pink Root,

Podophyllin (Resin Podo- phyllln).

Potassium, Iodide.

Potassium, Bromide,

Potassium, Cyanide,

Phosphorus in a free state,

Rue and all preparations,

St. Ignatium Beans,

Santonin,

Saibadilla Seeds,

Scammony,

Sullonal,

Trional,

Valerian,

Verdigris,

Zinc, Sulphate,

Columbia Spirits.

R'S.O. 1897, c. 170, Sched. A.; 9 Edw. VII. c. 64, s. 3; 10 Edw. VII. c. 26, s. 19.

(See Order-in-Council dated Jnne 7, 1907.)

	FORM I.
	Registeb.
Name.	Residence.	Qualifications.	Remarks.
A. B.	Kingston.	In business for three years prior to {date)	Dead.
CD.	Toronto.	Examined and Certi- fied, (datt)	Erased by order of the Lieut- Gov., [date).
E.F.	London	Served apprenticeship and as assistant.

106

R.S.O. 1897, c. 179, Sehed. B.

15

FORM 2.

Entry ob' Sale.

Date.

Name of pur- chaser.

Name

and

quantity

of poison

sold

Purpose

for which

it is re

quired.

Signa

ture

of

pur- chaser

Address of pur- chaser.

Name of person intro- ducing

purchas er.

Name of medical practi- tioner on whose pre- scrip- tion fur- nished.

R.S.O. 1897, c. 179, Sched. C.

FORM 3.

Cebtificate of Registration.

I hereby certify that C. D. having compiled with the require- ments of The Pharmacy Act, was on the day of , A.D. 19 , duly registered as a Pharmaceutical Chemist, and Is authorized to carry on the business of Chemist and Druggist in the Province of Ontario, from the day of 19 , to the day of , 19 .

[Corporate Seal]

R. .F, Registrar of the Ontario College of Pharmacy.

R.S.O. 1897, c. 179, Sched. D.

SCHEDULE B.

Electobal Districts.

No. 1 Division. — The Counties of Glengarry, Prescott, Stormont, Russell, Dundas, Carleton, Grenville, Lanark and Renfrew.

No. 2 Division. — The Counties of Leeds, Frontenac, Lennox and Addlngton, Prince Edward and Hastings.

No. 3 Division. — The Counties of Northumberland, Durham, Peterborough, Victoria and Ontario.

No. 4 Division. — St. George's, St. Lawrence, St. John's, St. James', St. Thomas', St. Davfd's, St. Matthew's, wards In the City of Toronto.

No. 5 Division. — St. Paul's, St. Patrick's, St. Stephen's, St. Mark's, St. Andrew's and St. Alban'a Wards in fh© City of Toronto.

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16

No. 6 Division. — The Counties of Simcoe, York (except the City ot Toronto), the Provisional County of Haliburton and fihe Districts of Algoma, Parry Sound, Muskoka, Thunder Bay, Nlplsslng and Rainy Rlrer.

No. 7 Division. — The Counties of Peel, Wellington, Halton and Dufferin.

No. 8 Division. — The Counties of Wentworth, Lincoln and Welland.

No. 9 Division. — The Counties of Haldlmand, Brant and Water- loo.

No. 10 Division. — ^The Counties ol Norfolk, Oxford and Perth.

No. 11 Division.— The Counties of Elgin and Middlesex.

No. 12 Division. — The Counties of Huron, Grey and Bruce.

No. 13 Division. — The Counties of Lamibton, Kent and Essex.

106

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No. 107. 1911.

BILL

An Act to amend the Public Schools Act.

HIS MAJESTY, by and witli the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : —

1. Subsection 1 of section 7 of The Public Schools Act is 9 Edw. vii., repealed and the following substituted therefor: subs' i, ^'

repealed.

7. — (1) The school year shall consist of two terms, school year the first of which shall begin on the first day of Septem- tenn«? ber and shall end on the 22nd day of December, and the second of which shall begin on the 8rd day of January and end on the 29th day of June.

107

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108 No. l^ife 1911

BILL

An Act to amend the Line Fences Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. The Line Fences Act is amended by adding thereto theR.s.o.,

following section: amended.

Clearlne land ad- Jolnlng fence.

16a. Owners and occupants of the land immediately adjoining a division or line fence on either side shall keep such land free from weeds, stones, brush, and refuse of any kind, and in case of default proceedings may be taken as provided by subsections 2, 3 and 4 of section 16.

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109

iNo^i^fi. 1911

BILL

An Act to amend The Voters' Lists Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows :

1. Section 17 of The Ontario Voters* Lists Act is amended / j^dw. vii. by adding thereto the following subsection : — amendeci"'

(5) The clerk shall forthwith, after posting up the list ^J^^tribu-^^^^ of appeals in his office, deliver or transmit by of appeals, post, by registered letter, or by parcel post regis- tered, one copy of the list to each of the persons described in subsection 2 of section 9.

3. Subsection 5 of section 14 of the said Act isTEdw. vii. amended by striking out the words " the Judge may receive gu^s. ''5/*' aa evidence " in the second line and by adding after the words amended. " Form 4 " in the sixth line " e'hall be receivable as evidence."

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No. 109.

13 1 i>-/jL/

1911.

An Act to amend The Voters' Lists Act.

HIS MAJESTY, bj and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : —

1. Section 15 of The Ontario Voters' Lists Act is amended 7 Edw. vii., by inserting therein the following subsection : a'me'nded. '

(2a) A person whose name is entered on any part of complaint

the list and has before the time for giving notice named^'on" of appeal to the judge has expired, ceased to jist has possess the qualification in respect of which hisfication. name was so entered, on complaint being duly made under section 17, shall he deemed to be wrongfully entered cm rlie list and, subject to the provisions of section id, his name shall be removed therefrom.

2. Subsection 1 of section 17 of the said Act is amended 7 Edw. vii.. by striking out the words "of any error or omission in thesubs.%. ' list " in the 1st and 2nd lines and inserting in lieu thereof amended, the words " in respect of the list."

3. Section 17 of The Ontario Voters' Lists Act is amended ' a^^w. vii. by adding thereto the following subsection : — amended. '

(o) The clerk shall forthwith, after posting up the listoistribu-

of appeals in his office, deliver or transmit by of* appeals^' post, by registered letter, or by parcel post regis- tered, one copy of the list to each of the persons described in subsection 2 of section 9.

4. Subsection 5 of section 11 of the said Act as enacte<l 7 Edw. vii. by subsection 2 of section 3 of The Statute Law Amend- ^^^i'g\^*- ment Act, 1908, is amended by striking out the word "may" a°^en^ed in tlip RfV'onf] line thereof and inserting in lieu thereof the

word "shall."

109

7 Bdw. VII.. c. 4, ss. 21, 22. repealed.

Certifying

list by

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when no

complaint

made.

Who to re- ceive copies.

5. Sections 21 and 22 of The Ontario Voters* Lists Ad are repealed and the following substituted therefor:

21. — (1) If no complaint is made within thirty days after the Clerk has posted up the list in his office, he shall forth- with apply either in person or by letter to the Judge to certify (Form 14) a sufficient number of copies of the list as being the last revised list of voters for the municipality to furnish one copy of such list to each of the following persons, namely:

(a) The Judge; (6) The Clerk of the Peace; ; (r) The CJlerk of the Municipality;

(d) The Member of the House of Commons for the

electoral district in which the municipality or any part thereof lies;

(e) The ]\Iember of the Assembly for the electoral dis-

trict in which the municipality or any part there- of lies; and

(/) Every candidate for whom votes were given at the then last election of a member for the House of Commons and the Assembly respectively for the electoral district in which the municipality or any part thereof lies.

S^jud^e^ (2) The judge shall certify each of such copies and shall

retain one and shall deliver or transmit by registered post, one copy to each of the persons mentioned in clauses (&), (c), (d), (e) and (/) of subsection 1.

When changes made by Judge.

Copies of revised list to be delivered to certain persons.

Certificate of

Judge on copies.

22. — (1) If any complaint is made and allowed by the Judge, he shall immediately after the list has been finally revised, furnish to the Clerk a statement of the changes made by him in the list.

(2) The Clerk shall thereupon prepare a sufficient number of copies of the list as revised by the Judge to furnish one copy for each of the persons mentioned in clauses (6), (c), (d), (e) and (/) of subsection 1 of section 21, and shall with- in one week after the revision has been made transmit or deliver such copies to the Judge.

(3) The Judge shall thereupon sign an., ^.tify (Form 15) such copies and deal therewith in the manner provided by subsection 2 of section 21.

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No. 109. 1911.

BILL

An Act to amend The Voters' Lists Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. Section 17 of The Ontario Voters' Lists Act is amended i Kdw. vii. by adding thereto the following subsection: — amended. '

(5) The clerk shall forthwith, after posting up the list gj,'J'"iS."-i,st of appeals in his office, deliver or transmit by o' appeals, post, by registered letter, or by parcel post regis- tered, one copy of the list to each of the persons described in subsection 2 of section 9.

2. Subsection 5 of section 14 of the said Act Jl^^as en- 7 Edw. vii. acted by subsection 2 of section 3 of The Statute Law Amend- subs.%, ' ment Act, 1908, is amended"^! by striking out the word a°»ended. j^^"may" in the second line thereof and inserting in lieu thereof the word "shall."'

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No. 110. 1911.

BILL

An Act to amend the Municipal Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows :

1. Section 95a of The Consolidated Municipal Act 190S3 Edw. vii., is amended by adding the follownig subsection : amended. ^

(2) In cities having a population of over 50,000 inhabi- h^i'jf^^ ^'^^ tants, the Council thereof may, by By-law to be passed noto°"^g^V°" later than the 15th day of "November in any year, enact thatp«s«^ay be- the meeting of electors for the nomination of candidate? for Christmas, the office of Mayor, Controllers. Aldermen and Board of on Janu- Kducation. shall be held on the Wednesday before Christmas. ^"^^ and that the election of Mayor, Contrbllers, Aldermen and Board of Education in such municipality (except such mem- bers as have been previously elected) shall be held on the 1st day of January next thereafter, except where the Ist day of January falls on a Sunday, in which case the election shall be held on the following day, and the said By-law shall remain in force from year to year until the same is repealed.

2. Section 276c of The Consolidated Municipal Act WOS,c. 19^' is amended by adding thereto the following as subsection la: amended.

ria) The Council of any such city may on or before the ^y^^^^j^^ first day of November in any year pass a By-law providing two years' t^hat the Contrnllrrs shall hold nffire for two vears. and tbatcontrouers. at the next election after the passing of such By-law the two Controllers receiving the highest number of votes shall hold office for two years, and the remaining two Controllors eler'tod shall hold office for one year, and thereafter two Controllors shall be annually elected to hold office for two years.

3. Section 630 of TTir Conf^oUdntpd Mvnirlpal Art. inOS.l^^^'- ^'"•• is hereby amended by adding thereto the following subsection : f^^^^^n^^^

110

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oV^^a**""" ('^) -^^ P^^° °^ ^"^ survey or sub-division of any land,

of land situated within two miles of the limits of any City having a

within population of .50,000 or over, shall be registered as provided

of city ^^ by The Registry Act, until such plan shall have been approved

over 50.000. by the Council of such City. In the event of the said Council

not approving of any such plan within fifteen days after a

copy thereof has been served on the Clerk of the said City,

the Judge of the County Court of the County in which said

lands are situated may, after notice to the Council of the said

City, make an order allowing the said plan to be filed.

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No. 111. 1911.

BILL

An Act to Prevent the Issuing of Watered Stock in Certain Companies.

HIS Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. Notwithstanding anything in The Companies Act con- stock to be tained, all shares in any compan}^ having for its object, or for Fuu by '^ one of its objects, the manufacture or supply of any com- ''"'^'^'''*'^'"^" modity to be sold or disposed of to the public directly or in- directly, or any company to which Part XIIT. of the said Act applies, shall bo issued at their par value which shall be payable in cash by the persons to whom the same are issueid, and every shareholder shall be liable for payment of each call made in respect thereof.

Provided that this shall not prevent the issue of paid-up j'J^^'^f shares in pavment for property or rights acquired by the paid-up company for the purpose of carrying out its objects of incor- property. poration as stated in its charter or in supplementary letters patent, where the amount of the par value of the shares so issued does not exceed the fair value of the property or rights so acquired ; and'

Provided that this shall not prevent the issue of paid-up Proviso shares to any person for services rendered in the organization paid-up or promotion of the company, or in procuring subscriptions services'^ for stock or boiirls or rlebentures of the company, whore snch rendered, issue is otherwise legal and the par value of the shares so issued does not exceed the fair cash value of the services so rendered.

2. The holder of shares issued at less than their par value g^|r"hoi,jcr8 in violation of section 1 shall be liable to the creditors to creditors of the comipany to the extent of the paid-up par value of such shares.

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Penalty. 3. Every provisional director, director or official redpon-

wsible for the issue of shares in violation of section 1 shall incur a penalty not exceeding $200 and not less than $50, to be recoverable under The Ontario Summary Convictions Act.

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Ko. 112. 1911.

BILL

An Act to amend the Municipal Act.

HIS Majesty, bj and with the advice and consent of thq Legislative Assemibly of the Province of Ontario, enacts as follows: —

1. — (1) Section 95 of The Consolidated Municipal Act, 3 Edw. vii.. 1903 f is amended by striking out the words " first Monday " amended. in the second line and substituting therefor the words '' third pjfnfng!^ Monday."

(2) Section 118 of the said Act is amended by striking s. us out the words " on the last Monday in the month of Decern- date'^o!" ber," in the fourth and fifth lines, and inserting in lieu nomination.

thereof " on the second Monday in J anuary,"

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(3) Section 119 of the said Act is amended by striking s^i^|^ out the words " on the last Monday iu December," in the fifth date ot and sixth lines, and substituting therefor " on the second Monday in January."

(4) Section 124 of the said Act is repealed. ^pJlied.

(5) Subsection 3 of section 128 of the said Act is amended fuhih, by striking out the words " first Monday," in the fourth line, date^ol"^ and inserting in lieu thereof " third Monday." polling .

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(6) Section 259 of the said Act is amended by striking ^-^^^259

out the words " second Monday," in the third line, and sub- first meeting stitutiug therefor the words "fourth Monday," and by strik-'* ing out the words " fourth Tuesday," in the seven^ line, and su/bstituting therefor the words " fourth Wednesday."

(7) Sujbsection 6 of section 304 of the said Act is amended s. 304 (6) by striking out the words " 15th day of December," in the a"^e"d«<J- second line, and substituting therefor the words " 31st day iJfbficStion of Decemiber," and by striking out the words "the portion of," J^^g^J**!" in the fifth line, and the words " a similar statement in detail assets and

' MabilitieB.

112

respecting the last fifteen days of the preceding year shall be attached thereto," in the seventh, eighth and ninth lines.

amended^ ^ (8) Subsection 7 of section 304 of the said Act is amended

Date of ^y striking out the words " 24th day of December," in the posting third line, and siibstitutinflr therefor the words " 2nd day of

up state- ^ ,, ^ >>

ment. J anuary.

S. 304 (7) amended.

Delivery of copies of statement to electors.

(9) Subsection 8 of section 304 of the said Act is amended by striking out the words " 24th day of December," in the fourth line, and substituting therefor the words " 2nd day of January."

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Ko. 113. 1911

BILL

An iVct to amend The Public Health Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario,

enacts as follows : —

1. Section 72 of The Public Health Act is amended by Rev. stat.. adding after the words "storing of hides or" in the eighth amended', line theireof the following words : not ^tcTbe

established without

" storing of rags or consent

storing of bones or."

of Council.

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No. 113. 1911

BILL

An Act to amend The Public Health Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assemhly of the Province of Ontario, enacts as follows : —

il^^Section 72a of The Public Health Act, as enacted by Rev. stat., section 1 of chapter 32 of the Acts passed in the 5th year of s'. 72a,' His late Majesty's reign, is repealed, and the following snb- ^™®'^'^®^- stituted therefore : — '^^l

JI^^72a. No person shall keep or store any rags, bones storing of or other refuse within the municipality, unless |^||'g ^^^ the same are kept or stored on premises approved of by the Medical Health Officer. =^1

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m. 114. 1911

BILL

All Act to amend The Public Schools Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assemblj of the Province of Ontario, enacts as follows : —

1. 'Subsection -1 of section (51 of The Public Schools Act^ Ed. vii., is amended by adding after the word ^'receiving" in the subs.' I'. eigth line thereof the words " the nominations for office ^'"e"'^®*^- and " and by adding after the word "declarations" in the ninth line the words '*of qualification and" and by adding ^PPj^^^^^g^*^ to said subsection the words following ''and in default of Municipal any candidate filing the declaration of qualification in the Act to manner and within the time provided by section 129 of the elections said Consolidated Municipal Act, such candidate shall be ^ deemed to have resigned, and his name shall be removed from the list of candidates and shall not be printed on the ballot papers."

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'No. 115. 1911

BILL

An iVct to amend The Municipal Act.

HIS MAJESTY, by and witli the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : —

1. Section 686 of The Consolidated Municipal Act, 1903,1 fJ'^s ™' is hereby amended by inserting the word " oiling " after the amended, word "watering" in the eighth line of subsection (1) andciiing by inserting the word " oiled " after the word " watered " in a locai ^^ the fourth line of subsection (2). St""®'

3. Section 540 of the said Act is amended by adding ^ Edw. vii,

1 c n • T o c. 19, s. 540,

thereto the following as paragraphs 3 and 3a, amended.

3. — For licensing and requiring the registration of dogs Licensing- and imposing a license fee on the owners, pos-**°^^" sessors or harbourers of dogs, with the right to impose a larger fee in the cases of bitches or for each additional dog or bitch where more than one is owned, possess^xl or hai^boured by any one person or in any one household and where sucli license is imposed and is equal to or exceeds the amount of the tax imposed by Chapter 2Y1 of the Revised Statutes of Ontario, 1897, the provisions of sections 1, 3, 5 and 7 of said Act shall not apply to any city, town or village while such by-law remains in force, and it shall not be necessary to enter any particu-j^^ ^ lars as dog taxes on the collector's roll. running

3tt. — For preventing the running at large of dogs.

3 Edw. VII.,

3. Subsection 2 of said section 540 is amended by adding (2)^^' ^' ^^^ at the end thereof the words following " or those impounded ^J^fjJjJ®^' under the provisions thereof." dogs.

3 Edw. VII,,

4. Silbsection (2) of section 118 of said Act is amended Cg^ifl, s- us

by inserting the word " city " after the word " any " in the amended.

first lino of said subsection and the word "aldermen" be- domination 116 of Aider-

m«n in

cities

divided

into

wards.

3 Edw. VII., c. 19, 8. 119, amended, meetings for nomina- tion of Aldermen, etc.

3 Edw. VII., c. 19, s. 128 (1),

amended, nomination by elec- tors of ward.

tween the words "for" and "councillors" in the secomd line of said subsection.

5. Section 119 of said Act is amended by inflortin^ l)etween the words "and" and "at" in the ninth line thereci the words "nniless otherwise provided by by-law passed under the provisions of subsection (2) of section 118.

6. Subsection (1) of section 128 of said Act is amended by inserting after the word " seriatim " in the second line the words " and in the case of cities and towns in which the alder- men or councillors or any of them are elected by wards by electors of the ward for which he is nominated."

3 Edw. VII. c. 19, s. 429, amended.

7. Section 429 of the said Act is amended by adding thereto the following as subsection (2a).

Signing of coupons.

2a. — Coupons attached to deibentures issued by a city need not be signed by the Mayor, but shall be signed by the treasurer thereof or some other person authorized by law to sign the same.

3 Edw. VII., c. 19, s. 129, (3a). amended.

Declaration of quali- fication.

8. Subsection (3a) of section 129 of said Act, as amended by section 4 of Chapter 22 of the Acts passed in the 4th year of the reign of His late Majesty King Edward the Seventh, is further amended by adding after the words added by said amendment the words " Members of the Board of Education and High, Public and Separate School Trustees."

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No. 116.

1911.

BILL

An Act to protect Public Authorities from Vexatious Actions.

Short Title, s. 1. Interpretation, s. 2. Actions against Justices of the Peace, ss. 3-11.

Where action shall lie, s. 3.

Where allegation of malice and want of probable cause is required, s. 4 (1).

Provision for case of convic- tion made by one justice, and warrant granted by another, s. 4 (2).

No action till conviction or order quashed, s. 4 (3).

No action where summons pre- viously served and dis- obeyed, s. 4 (4).

No action where justice acts under order of High Court, County or District Court Judge, s. 5.

No action where conviction subsequently affirmed on ap- peal, s. 6.

Protection not forfeited

through Informality, where justice acted in good faith, 8. 7.

Condition on quashing, convic- tion, 8. 8.

Power of judge to set aside proceedings, s. 9.

Nominal damages only in cer- tain cases, s. 10.

No action for certain mistakes as to jurisdiction, s. 11.

Actions against Constables, s. 12.

Actions against Public Author- ities, ss. 13-15.

When action to be brought, s. 13 (1).

Scale of costs, s. 13 (2).

Where no proper opportunity of tender afforded, s. 13 (3).

Sheriff executing process, s. 13 (4).

Persons acting under man- damus, s. 14.

Persons acting under ultra vires statutes, s. 15. Security fob costs, s. 16.

In action against magistrates, or for acts done in execu- tion of public duty, s. 16 (1 ) .

Procedure upon application, s. 16 (2). Application of Act, a. 17. Repeai,, s. 18.

HIS M.\ JESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follow's: —

1. This Act may be cited as The Public Authorities Fro-«i'*"-t ^'^ic- ceciion Act. New.

2. In this Act " Justice of the Peace " shall include a interpret*- Police Magistrate, a person who is ex officio a justice of the**"' peace, and a person who has by law the powers of a justice

of the peace, either generally or with regard to any particu- lar matter. New. 116

ACTIONS AGAINST JUSTICES OF THE PEACE.

^f ^thl^plnce ^- ^0 action shall lie or be instituted against a justice of

Snieis^hir *^^ P^^*^^. ^^\ ^^^ ?^^ ^'^^ ^y ^^^ ^^ ^^^ execution of his duty

acted mai- as such justice with respect to any matter within his juris-

without ' diction as such justice unless the act was done maliciously

and'°pn!b-® a^d without reasonable and probable cause. K.S.O. 1897,

able cauf^e. q^ 88, S. 1.

I^fion* may "*• — (1) For any act done by a justice of the peace in a ?ainTd'with. matter in which by law he has not jurisdiction, or in which maiice^et"*' he has excseded his jurisdiction, or for any act done under a conviction or order made or a warrant issued by him in such matter, any person injured thereby may maintain an action against the justice in the same case as he might have hereto- fore done, and it shall not be necessary to allego or prove that the act was done maliciously and without reasonable and probable cause. RS.O. 189Y, cap. 88, s. 2.

tfce "makes (^) Where a conviction or order has been made by a jus- etc°"and"°"' *^^^ ^^ *^® peace, and a warrant of distress or of commitment another has been issued thereon by some other justice of the peace, warrant. ioTia fide and without collusion, no action shall be brought musTbe agaiust the justice who issued the warrant by reason of any fff^meT/ ^^* defect in the conviction or order, or for any want of jurisdic- tion in the justice who made the same, but the action, if any, shall be brought against the justice who made the conviction cr order. K.S.O. 1897, c. 88, s. 3.

for any- (3) 'No such actiou as is mentioned in this section shall

unde^r a""* ^^ brought for anything done under a conviction or order o?"Jrder°° ^^ Under a warrant issued by a justice of the peace to pro- same *is^ ^^^^ *^^ appearance of the party, which has been followed quashed. by a conviction or order in the same matter, until the con- viction or order has been quashed. R.S.O. 1897, c. 88, s. 4.

for any-" (4) Where such warrant has not been followed by a con-

imdM- a°"* viction or order, or is a warrant upon an information for an «)mpei*^ to indictable offence, if a summons was issued previously to the ^appearances warrant, and the summons was served upon such party, mons pre- either personally or by leaving the same for him with some served^nd person at his last or most usual place of abode, and he did not obeyed, j^q^ appear according to the exigency of the summons, no such action shall be maintained against the justice for any- thing done under the warrant. E.S.O. 1897, c. 88, s. 5.

V

refuses^'to"^* 5. Where a justice of the peace refuses to do any act re- the^High^*' lating to the duties of his office as such justice, the person County"^ *^® requiring the act to be done may, upon affidavit stating the Judge may facts, and upon six day's notice to the justice, and also to the 116

party to be affected by the act, apply to the High Court, or °^^^^ it'^^nd a judge thereof, or to the judge of the County or District no action Court of the county or district in which the justice resides, lie against for an order directing the act to be done ; and the court or do^g° it. judge may make such order upon such terms as to costs as may be deemed proper, and the justice, upon being served with the order, shall obey the same, and shall do the act required; and no action or proceeding shall be commenced or prosecuted against him for having obeyed the order and done the act required. K.S.O. 1897, c. 88, s. G.

6. Where a justice of the peace has issued a warrant of ^i^^on"""^^ distress or a warrant of commitment upon a conviction or confirmed order which, either before or after the issuing of the warrant no action ' to has been confirmed upon appeal, no action shall be brought act done" ag-ainst the justice by reason of any defect in the conviction ^"al-rant.

or order for anything done under the warrant. R.S.O. 1897, c 88, s. 7.

7. (1) No defect in an information taken before or in a Defects in

^ . , 1 . . c 1 in informations

warrant issued by a justice oi the peace, shall prevent or warrant* him from claiming the benefit and protection of this Act prevent if the court is of opinion that he acted in good faith, f^o^m^cfaim- and that the informant or complainant intended, by the facts ^^^^ ^,e°r e^.*^" stated to the justice, to charge the commission of an offence ""der. which, if the same had been set forth in proper form in the information or warrant, would have been one within the jurisdiction of the justice; and in such case the informant or complainant shall be liaible, as if the information had charged in proper form the commission of the offence so intended to be charged. R.S.O. 1897, c. 88, s. 9.

(2) A person who has in good faith intended to charge ^[^tjj^"j^_ another person, who has been arrested by the direction of formation the person so charging the offence, under a warrant issued contain a by a justice of the peace, with the commission of the offence, descrfption shall not be liable to be sued, in consequence only of the in- offence, formation sworn before a justice of the peace, or the warrant issued by him not containing a proper description of the offence. R.S.O. 1897, c. 88, s. 10.

8. Where an order is made quashing a summary con vie- Condition tion the court may provide that no action shall be brought convictions, against the justice of the peace who made the conviction.

R.S.O. 1897, c. 88, s. 11.

9. If an action is brought where by this Act it is enact- if any ed that no action shall be brought under the particular cir- brought' cumstances, a judge of the court in which the action is pend- this^'^Act. *° ing may set aside the proceedings in the action. R.S.O. gpt*^ asidif^ 1897^,^c. 88, s. 12. the^p-

Damajfes 10. Where the plaintiff is entitled to recover, and he proves

nominal In,,. , r i^ i-

certain the levjing or payment ot any penalty or sum ot money

Imp. Act. 11 under any conviction or order as part of the damages he ft. v.* il* °' seeks to recover, or if he proves that he was imprisoned under the conviction or order, and seeks to recover damages for the imprisonment, he shall not be entitled to recover the amount of the penalty or sum so levied or paid, or any sura beyond the sum of three cents as damages for the imprison- ment, or any costs of suit, if it is proved that he was actually guilty of the offence of which he was so convicted, or that he was liable by law to pay the sum he was so ordered to pay, and with respect to the imprisonment that he has undergone no greater punishment than that assigned by law for the of- fence of which he was so convicted, or for non-payment of the sum he was so ordered to pay. R.S.O. 1897, c. 88, s. 20. Amended.

11. — (1) ^0 action shall lie against a police magistrate for or by reason of any process issued, or conviction made by.

Action not to He against Police

Magistrates. 0 any proceeding taken before him alone, or authorized by certain^mis- him, in good faith, in any case which was not cognizable by Jurisdiction, ^uch poHce magistrate, or not by him sitting alone, or which should have been heard by two justices of the peace, or by the mayor of a city or town within the district, county, or part of a district or county, for which the police magistrate was appointed.

(2) This section shall not prevent an action from being maintained where and so far as the action would be main- tainable against the mayor or justices of the peace if the process had been issued or conviction made by, or proceeding taken before, or authority given by him or them, in a matter in which he or they had jurisdiction.

(3) "No action shall lie against a constable or peace officer for anything done by him under and by virtue of process issued or authority given, as in subsection 1 mentioned, un- less the action would be maintainable if the process had been issued or authority given by a person or persons legally qualified to issue the process or give the authority. R.S.O. 1897, c. 88, s. 24.

ACTION AGAINST CONSTABLE DEMAND OF PERUSAL AND COl'Y

OF WARRANT.

Action not 12.— (1) ISTo action shall l)e brought against a constable agaS* a °^* other officer or against any person acting by his order and constable in his aid for anything done in obedience to a warrant

acting under . j r • • ' /• i

a justice's issued Dv a justice oi the peace until demand has been made or left at his usual place of abode by the person intending to

warrant until

6

bring such action or bj his solicitor or agent in writing Remand of^^ signed by the person demanding the same, of the perusal and copy of the copy of such warrant and the same has been refused and refused, /leglected for six days after such demand. c. 44, s. e!'

(2) If after such demand and compliance therewith by showing' the warrant to and permitting a copy thereof to be taken by the person demanding the same an action is brought against such constable or officer or such person so acting for any such cause without making the justice who issued the warrant a defendant on producing and proving the warrant at the trial of the action judgment shall be given for the defendant notwithstanding any defect of jurisdiction in such justice.

(3) If the action is brought jointly against such justice and. such constable or other officer or person so acting on proof of such warrant judgment shall be given for such constable or other officer and for such person so acting not- withstanding such defect in jurisdiction.

(4) If the judgment is given against the justice the plaintiff shall recover costs against him, including such costs as the plaintiff is liable to pay to such defendant for whom judgment is given. K.S.O. 1897, c. 326.

ACTIONS AGAINST PUBLIC AUTHOKITIES.

13. — (1) No action, prosecution or other proceeding shall ^^ action lie or be instituted against any person for an act done in person for pursuance or execution or intended execution of any statute done under or of any public duty or authority or in respect of any alleged authority neglect or default in the execution of any such statute, duty^ithtn^six"" or authority, unless it is commenced within six months next ^p **Jfp^^ 55 after the act, neglect or default complained of, or, in cape of & |J '^ict. continuance of injury or damage, within six months after the cea=ino: thereof.

(2) Wliti(; in any such action costs are awarded to the defendant the court may diicct that thov be taxed as be- tween solicitor and client.

(3) If in the opinion of the court the plaintiff has not given the defendant a sufficient opportunity of tendering amends before the commencement of the proceeding the court may award to the defendant costs to be taxed as between solicitor and client. Imp. Act. 56 and 57 V., c. 61, s. 1. Amended.

116

(4) A sheriff, acting under a writ of execution or other process, shall be deemed to be a person acting in the discharge of a public duty or authority within the meaning of this sec- tion. 62 V. (2), c. 7, 6. 3.

Persons 14. No actiooi, or other proceeding shall be commenced or

writ of prosecuted against any person, for or by reason of anything pro?ec*ed"' done in obedience to a m^mdamus or mandatory order. K.S.O. 1897, c. 88, s. 23.

Protection ^^- — (1) ^^ action shall be brought against any judge, acting ^under justice of the peace, or ojBficer for any thing done by him "tatutes^*^ under the supposed authority of a statute of Ontario or of the Dominion of Canada, which was beyond the legislative juris- diction of the Legislature of Ontario or of the Parliament of (Janada, as the case may be, if the action would not lie against him, had the statute been within the legislative jurisdiction of the Legislature or Parliament, which assumed to enact the same.

Cases

wherein above does not prevent action.

(2) Where, notwithstanding the provisions of subsection 1 an action is maintainable against a judge, justice of the peace, or officer, for any thing done by him under the authority of such a statute, the action shall only be maintainable sub- ject to the like provisions as the action would be subject to if the statute was valid; and the like damages, and no more, shall be recoverable in such action as under the like circum- stances could have been recovered if. the statute had been valid. E.S.O. 1897, c. 88, s. 8.

AppHcatlons for security for costs Id actions against Magistrates

Procedure upon appll catioa.

SECURITY FOE COSTS.

16. — (1) Where an action is brought against a justice of the peace or against any person for any act done in pursuance or execution or intended execution of any statute or of any public duty or authority, or in respect of any alleged neglect or default in the execution of any such statute, duty or authority, the defendant may at any time after the service of the writ, apply for security for costs. R.S.O. 1897, c. 89, s. 1. Amended.

(2) The application shall be upon notice and ai affidavit of the defendant or his agent, showing the nati of the action and of the defence, and showing to the satisfaction o2 the court or judge that the plaintiff is not possessed of property sufficient to answer the costs of the action in case a judgment should be given in favour of the defendant, and that the '^.efendant has a good defence upon i;he merits, or tl at the grounds of action are trivial or frivolous ; and there- upon the court or judge may make an order that the plaintiff s'hall give security for the costs to be incurred in such action. K.S.O. 1897. c. 89, s. 2. 116

APPLICATION OF ACT.

17. This act shall not apply to a municipal corporatioiu Application New. °' **=*•

BEPEAL.

18. Chapters 88, 89 and 326 of the Revised Statutes of «epeai. Ontario, 1897, and section 3 of chapter 7 of the Acts passed in the second session held in the 62nd year of the reign of Her late Majesty Queen Victoria, and section 10 of chapter 12 of the Acts passed in the 1st year of the reign of His late Majesty King Edward VII. are repealed.

I

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No. 117. 1911.

BILL

An Act respecting Circuses and Travelling Shows.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. This Act may be cited as The Travelling Shows Act short title. New.

2. N^o menagerie, circus, wild west show, trained animal circuses, show, or show of any kind whatsoever, shall be exhibited at be exhibited any place in Ontario unless the owner, proprietor, manager, ucense' * agent or person in charge of such show first obtains a license

for that purpose from the Treasurer of Ontario. 3 Edw. Vir. c. 28, s. il.

3. Every applicant for a license shall make and file in T.uonse fee. the office of the Treasurer a statutory declaration settius;

forth the number of days upon which the show is to be ex- hibited in Ontario and the localities in which the perform- ances or exhibitions are to l>e held, and for such license shall pay in advance to the Treasurer the sums following, for every day upon which the show is to be exhibited in Ontario : —

For every circus, menagerie, wild west show and not more than one side show, if travollinfj with over

twenty cars $100.00

With twenty cars or less 50.00

For every trained animal show 15.00

For each additional side show 10.00

And for every other show such sum as may be determined by the Treasurer for every day upon which the show is licensed to be exhibited. 3 Edw. VTT. c. 28. s. 2 ; H Edw. VTT. c. 29, s. 1. .

117

License fea 4:. if any bucli bliow id cxlubiLcd aa part oi an InduflDriai

showf fo'Se i!.xiiibiuon ur Agricultural 4;air Uie appUcant bimli ])iiy

"rovin^iai t^^^^ liceuse leu as tlie Ireasurer ma^- impose, but not lu

Treasurer, ^.^cciis ol Llie leeb iintd bj tiectiou ;i lor tlie particuiai" daba

u± tiliovv, and the treasurer nia^ have regard to an^ special

circunibtancea ol tlie caae and may if he deeina it advisable

iiuposse a nominal fee. o Kdw. V li. c. 'Zb, s. 3.

Power to issue and revoke license.

5. — (f) Upon receiving the statutory declaration here- inbefore mentioned and upon payment ol the license fee, the Ireasurer may, in his discretion, issue a license and may at any time revoke the same upon being satished that the siiuvv IS made the occasion for violation of the law or that gambling or any game of chance has been carried on in connection therewith.

(2j in case of the revocation of a license, the amount received for the same shall be refunded to the licensee, less the sum paid per day for every day during which exhibi- tions have been given under such license prior to the revo- cation thereof. 3 Edw. Vii. c. 28, s. 4.

Penalty for 6. Any person in charge of a show, or the owner, pro-

iinlicensed •. i- ^ixu x-l

exhibitions, prietor, manager or person having control thereof who ex- hibits the same or any part thereof, without obtaining a license shall incur a penalty of not less than $200, and not more than $300, for every day upon which such show or any part thereof has been exhibited at any place in Ontario. 3 Edw. VII. c. 28, 8. 6.

when^*' '^' ^^ Municipal Corporation shall issue a license to any

Municipal show to whicli SGction 2 applies until the applicant produces

Corporation , . „ t n^ ,■ /-\ ■ ^ • ■ ^

to issue. a license from the Ireasurer of Ontario authorizing the ex- hibition in the municipality, and any member or officer of a municipal corporation who is a party to the issue of a . license in violation of the provisions of this section shall incur a penalty of $20. 3 Edw. VII. c. 28, s. 7.

Provincial 8. — (1) The inspectors of Criminal Investigation of ion detect- Canada and of Ontario, and every Dominion and Provincial constables constable receiving a salary from the Government shall have acc^s^to^^ access free of all charge to all shows mentioned in section 2, all shows, and to every horse race, agi'icultural, horticultural or in- dustrial exhibition, ball game, theatre or public gathering, and to the grounds, tents and buildings in which such shows, races, exhibitions and gatherings are held, and every part thereof, during the hours in which the public are admitted thereto, and any person hindering, preventing or refusing such free access after any such officer has demanded admission

117

and displayed his badge of office, shall incur a penalty not^^"^'*y- exceeding $100, and not less than $50, or in the discretion of the convicting magistrate may be imprisoned for any term not exceeding three months. 9 Edw. VII. c. 26, s. 36.

Prosecu- tions.

9. The penalties imposed by this Act shall be recovered

under The Ontario Summary Convictions Act. 3 Edw. vii^^37 VII. c. 28, 8. 9. PaH.

10. All penalties recovered under this Act, and all fees ^ees^ and paid for licenses under the provisions of this Act, shall bo to be paid paid over to the Treasurer of the Province of Ontario for the

use of the Province. 3 Edw. VII. e. 28, s. 0. Part.

11. The license fees payable under this Act shall be in L-icense f ees addition to any fees imposed by municipalities. 3 Edw. mtion to fees VII. c. 28, s. 10. °fp™L

12. Chapter 28 of the Acts passed in the seventh year of Repeal, llio reii2;n of His late Majesty King Edward VII., are re-

■pealed.

117

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No. 117. 1911.

BILL

An Act respecting Circuses and Travelling Shows.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follow^s: —

1. This Act may be cited as The Travelling Shows Act short title. New.

2. No menagerie, circus, wild west show, trained animal circuses, show, or show of any kind whatsoever, shall be exhibited at be exhibited any place in Ontario unless the owner, proprietor, manager, license, agent or person in charge of siich show first obtains a license

for that purpose from the Treasurer of Ontario. 3 Edw. VI T. c. 28, s. 1.

3. Every applicant for a license shall make and file in License fee. the office of the Treasurer a statutory declaration setting

forth the number of days upon which the show is to be ex- hibited in Ontario and the localities in which the perform- ances or exhibitions are to be held, and for such license shall pay in advance to the Treasurer the sums following, for overy day upon which the show is to be exhibited in Ontario : —

For every circus, menagerie, wild west show and not more than one side show, if travelling with over

twenty cars $100.00

With twenty cars or less 50.00

For every trained animal show 15.00

For each additional side show 10.00

\r\d for every other show such sum as may be determined by the Treasurer for every day upon which the show is licensed to be exhibited. 3 Edw. VTT. c. 28, 8. 3 ; 5 Edw. VTT. c. 29, 8. 1.

117

Provincial Treafiurer.

License fee 4_ [f mjy j^uch show is exhibited as part of au Jii<instria]

lOr G6rt8.1n - .

shows to be Exhibition or Agricultural Fair the applicant shall pay ^ ■ such license fee as the Treasurer may impose, but not in (■\('('s>; of llic fees fixed by section 3 for tlie nartirulnr class of show, and the Treasurer may have rcirard to any Sftecial circumstances of the case and mav if he deems it advisable impose a nominal fee. 3 Edw. VTI. c. 28, s. 3.

Power to issue and revoke license.

5. — (1) Upon receiving the statutory declaration here- inbefore mentioned and upon payment of the license fi e, the Treasurer may, in his discretion, issue a license and may at any time revoke the same upon being satisfied that the show is made the occasion for violation of the law or that gambling or any game of chance has been carried on in connection therewith.

(2) In case of the revocation of a license, the amovmt received for the same shall be refunded to the licensee, less the sum paid per day for every day during which exhibi- tions have been given under such license prior to the revo- cation thereof, 3 Edw. Vll. c. 28, s. 4.

unii^^^^s^d'^ O. Any person in charge of a show, or the owner, pro- exhibitions, prietor, manager or person having control thereof who ex- hibits the same or any part thereof, without obtaining a license shall incur a penalty of not less than $200, and not more than $300, for every day upon which such show or any part thereof has been exhibited at anv place in Ontario. 3 Edw. VII. c. 28, s. 5.

License, when Municipal Corporation to issue.

Provincial and Domin- ion detect- ives and constables to have free access to all shows.

7. No Municipal Corporation shall issue a license to any show to which section 2 applies until the applicant produces a license from the Treasurer of Ontario authorizing the ex- hibition in the municipality, and any member or officer of a municipal corporation who is a party to the issue of a license in violation of the provisions of this section shall incur a penalty of $20. 3 Edw. VII. c. 28, s. 7.

8 — (1) JH^^The members of the Provincial Police Force and the members of the Dominion Police Force^^^^S shall have access free of all charge to all shows mentioned in sec- tion 2, and to every horse race, agricultural, horticultural or industrial exhibition, ball game, theatre or public gathering, and to the grounds, tents and buildings in which such shows, races, exhibitions and gatherings are held, and every part thereof, during the houre in which the public are admitted thereto, and any person hindering, preventing or refusing such free access after any such officer has demanded admission and displayed his badge of office, shall incur a penalty not

117

3

exceeding $100, and not less than $50, or in the discretion Penalty, of the convicting magistrate may be imprisoned for any term not exceeding three months. 9 Edw. VII. c. 26, s. 36.

9. Tlie penalties imposed by this Act shall be recovered ^/°^g®^"" under The Ontario Sinvmary Convictions Act. 3 Edw. lo. Edw.

* V IT o XT

VIT. 0. 28, s. 9. Part. ' '

10. All penalties recovered under this Act, and all fees Fees and

•ir T 1 1 •• p ■> • K Till penalties

]iaia tor licenses under the provisions oi this Act, shall be to be paid paid over to the Treasurer of the Province of Ontario for the nse of the Prmnnce. 3 Edw. VII. c. 28, s. 9. Part.

11. The license fees payable under this Act shall be in juicense fees addition to n^iv fees imposed bv municipalities. 3 Edw. auion to f ees VIT. c. 28. s. 10. ^ °fpSrt?i-.

12. I^^The Act passed in the 3rd year of the reign of Repeal. His late Majesty King Edward VII., chaptered 28, and the

Act passed in the 5th year of the said reign, chaptered 29, and section 36 of The Statute Law Amendment Act, 1909, are repealed. ''^^

117

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No. 118. ' 1911

BILL

An Act to amend The Division Courts Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : —

1. Section 62 of The Division Courts Act is repealed and lo fg ^g^Jg the following substituted therefor : repe^ed.

62. (1) Saveasotherwiseprovidedby this Act, the Court ^"^«^**'"°"- shall have jurisdiction in

(a) A personal action where the amount claimed does Personal not exceed $200;

(6) A personal action if all the parties consent thereto ac«on"* in writing, and the amount claimed does not^^*i|g exceed $400; consent.

(c) An action for a claim or demand of debt account Debt and

contrftCv*

or breach of contract or covenant or money demand, whether payable in money or otherwise, where the amount or balance claimed does not exceed $400;

{d) An action for the recovery of a debt or ™0J^ey^'*ertained demand, where the amount claimed, rxclusive of ?y signa-

11 1 • • 111 ture or

interest, whether the interest is payable by con- defendant. tract or as damages, does not exceed $600 and the amount claimed is

(1) Ascertained by the signature of the defend- ant or of the person whom as executor or administrator he represents, or

lis

(2) The balance of an account not exceeding $600, which amount is so ascertained ;

When amount to be deemed so ascertained.

An account shall not be deemed to be so ascertained whore it is necessary for the plaintiff to give other and exclusive evidence beyond the produc- tion of a document and proof of the signature to it;

Application to abscond- ing debtors.

The jurisdiction conferred by this clause shall apply to claims and proceedings against an absconding debtor ;

Creditor's claim to rank on Insolvent estate.

(e) An action or contestation for the determination of the right of a creditor to rank upon an insolvent estate where the claim of the creditor does not exceed $200.

Combined claims.

(2) Claims combining —

What may be com- bined.

(a) Causes of action in respect of which the jurisdic- tion is by the foregoing subsection of this sec- tion limited to $200, hereinafter referred to as class (o) ;

(&) Causes of action in respect of which the jurisdic- tion is by the said subsection limited to $400, hereinafter referred to as class (h) ;

(c) Causes of action in respect of which the jurisdic- tion is by the said subsection limited to $400, hereinafter referred to as class (c) ;

Proviso.

may be joined in one action; provided that the whole amount claimed in respect of class (a) does not exceed $200; and that the whole amount claimed in respect of classes (a) and (h) combined, or in respect of class (&), where no claim is made in respect of class (a) , does not exceed $400, and that the whole amount claimed in respect of classes (a) and (c) or (&) and (c) combined, does not exceed $400, and that in respect of classes (h) and (c) combined, the whole amount claimed in respect of class (&) does not exceed $400.

be" separate! (^) The findings of the Court upon claims so joined shall be separate.

118

(4) The court shall also have jurisdiction in actions of Replevin. r(j)levin, where the value of the goods or other property or (fFects distrained, taken or detained, does not exceed $200, as provided in The Replevin Act. R.S.O. 1897, c. 60, s. Y2.

(5) The Court shall also have jurisdiction in actions be- Disputes twecn teachers and school boards as provided by The High\tSers School Act, The Public Schools Act, and The Separate '''''^^'''''''^''■ Schools Act.

118

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ISTo. 119. 1911

BILL

An Act to amend the Assessment Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, . enacts as follows :

1. Subsection 1 of section 53 of The Assessment Act is 4 Edw. vii. amended by adding after the word "cities" in the 17th line (i), 'amend- the words "and towns." %% J^^^g

assessment.

2. Subsection 2 of section 103 of The Assessment Act is^ Edw. yii.

C. 2o, S. 106

amended by adding the following as paragraph 4 : (2),

4. Upon goods and chattels which were the property on goods and were in the possession or on the premises of c^ftteis the person taxed at the time of making the^^J.^Q^y assessment, but which have since been given, sold, taxed, assigned or transferred by him to some other person in possession of such premises or to some person through whom the person in possession claims, and still arc the property of some person in possession of such premises, wherever such goods and chattels are found in the county in which the municipality is situate for judicial purposes.

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No. 120. 1911

BILL

An Act to amend the Municipal Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assemhly of the Province of Ontario, enacts as follows :

1. Subsection (3) of section 129 of The Consolidatedl.^^^s.Wd

• (3)

Municipal Act, 1903, as amended by section 4 of The Mum- amended, ripal Law Amendment Act, lOOM., is further amended by declaration

. . . , . J of qualifi-

strikins: out the words "in cities, towns and incorporated cation by

" ^ _ ^ candidates.

villages" in the first line, and substituting therefor the words "in all municipalities."

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No. 122.

BILL

1911.

An Act to amend The Ontario Factories Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows :

1. Every shop, building or room in w'hich one or more certain persons are employed in doing public laundry work by way to ba of trade or for the purpose of gain shall be deemed a factory f actori««. within the meaning of The Ontario Factories Act, and shall be subject to the visitation and inspection of the Factory Inspectors in the same manner as any other factory, and the penalties provided for by that Act shall apply to contra- ventions of the provisions of this Act.

2. No such public laundry work shall be done in a room^^^^^^y^ ^^

be done In sleeping or living room.

used for a sleeping or living room.

3. Every such laundry shall be kept in a clean condition ^aundry to and free from vermin and all impurities of an infectious or clean. contagious nature.

4. This Act shall not apply to a female engaged in doing ^^^j»°^*« custom laundry work at her home for a regular family trade. c«rt^n ^^^^

122

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No. 123.

BILL

1911.

An Act respecting the Toronto General Hospital.

HIS Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, en- acts as follows :

1. This Act may be cited as The Toronto General Hospital ^^°^^ title. Act, 1911.

2. The agreement between the Governors of the TJniver- 4uh ^'"^"* sity of Toronto and the Trustees of the Toronto Greneral ^° ^[^^^g^^f Hospital, a copy of which is set out in Schedule 1, is hereby declared to be valid and binding on the parties to it and they

are hereby respectively authorized and required to carry out and observe the provisions and agreements on their part which it contains.

as to medical

3. The by-law, a copy of which is annexed to the agree- ^y"^^^ ment and set out in Schedule 1, is hereby declared to be a staff valid by-law of the Trustees of the Toronto General Hospital. ^° ^^

. 4. The Lieutenant-Governor in Council may for, and iii Q^fve^rn^"'' the name of the Province of Ontario, guarantee the payment m Council of the debentures mentioned in paragraph 1 of the agree- antee de- ment, and may prescribe the form of the guaranty and name ^®"*"'^®^' the officer by whom it is to be executed, and when executed in the form and manner prescribed, the guaranty shall be binding on the Province.

5. By-law Number 5454, intituled a by-law for the issue ^^J^"

^-law 6454 of

of "City of Toronto General Consolidated Loan Debentures Toronto

1 . —. maklngf

to the amount of $250,000 to make a grt^nt to the Toronto grants General Hospital, and for the acquiring lands to extend Christopher Street," passed by the Council of the Corpora- Ill

tion of the City of Toronto, on the 25th day of April, 1910, a copy of which is set out in Schedule 2, is hereby declared to be a valid by-law, and the same is hereby confirmed and the debentures to be issued thereunder are hereby declared to be \alirl Mnd binding" on the corporation and the ratepayers of I he ( it V of Toronto.

SCHBDUI^B 1.

Agreement made the first day of I^ecembe/, 1910.

BETWEEN

The Governors of the University of Toronto, hereinafter called the University,

— and —

The Trustees of the Toronto General Hospital, hereinafter called the Trustees;

Whereas the Trustees have determined to erect a new hospital on the block of land fronting on Avenue Street, recently acquired by them, and the University has contributed $30'0,0<M) towards the cost of acquiring the land and erecting the hospital;

And whereas the Trustees have been unable to raise at present the amount necessary to pay for the land and erect and equip the hospital and have applied to the University for a further con- tribution of $300,000;

And whereas the University has agreed to give such further contribution of $300,000 on the terms and conditions hereinafter mentioned ;

Now (this agreement witnesseth that it is agreed by and between the parties hereto In manner following:

1. The University shall pay to the Trustees the said sum of $300,000 by issuing its debentures or bonds payable In forty consecutive equal annual pums of such amount as will be sufficient to pay the principal sum and interest at the rate of four per cent, per annum in such forty equal annual instalments.

2. The debentures or bonds shall bear date the first day of January, 1911, and the interest shall be compoited from that date, and the first of the annual payments shall be made in one year therefrom.

3. The debentures or bonds shall be unconditional and in the hands of a purchaser for value shall not be affected by any breach that may happen on the part of the Trustees in the performance of the covenants on their part herein contained, or any of them.

4. The Trustees shall complete the erection and equipment of the new hospital in accordance with the plans which have been approved by the Trustees, within five years from the date hereof.

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5. The Trustees shall forthwith convey to the University the south-west part of the block of land hereinbefore mentioned, having a frontage of two hundred and twenty feet on University Street by a depth of on-e hundred and forty feet on Christopher Street, for the purpose of the University erecting thereon buildings for the use and accommodation of its Departments of Pathology, Bac- teriology and Pathological Chemistry and of any other Department of its Medical Faculty.

6. The University shall erect on the lands mentioned in para- graph 5, in time for use when the hospital is completed, buildings for the accommodation of its Departments of Pathology, Bacteri- ology and Pathologiical Chemistry, and shall expend in so doing at least $100,000.

7. The money requisite for the erection and equipment of the buildings mentioned in paragraph 6, not exceeding $130,000, shall be provided by the Trustees upon three months' notice being given to them by the University stating the sum required, and shall be repaid by the University by the issue of its debentures guaranteed by the Province of Ontario in like manner and with the like interest as is provided with regard to the contribution of $300,000, and the provisions of paragraph 3 shall apply to the debentures or bonds to be issued by the University for the repayment of the money so provided.

8. In the event of the Univei-sity desiring at any time to discontinue the use of the said lands and the buildings which may be erected thereon for the purposes mentioned in paragraph 5, the University shall be entitled to use them for any educational pur- pose of the University or of any University or College now or hereafter federated with the University or of University College or the University at its option may require the Trustees to purchase the land and buildings at the now value of the land, which it is agreed is the sum of $38,500, and the value to the Trustees for the purpose of or connected with the hospital of the buildings, such value to be determined in case of a difference between the parties as to it by arbitration.

In order to settle differences of opinion which have arisen as to the rights of the University as to clinical instruction in the hospital and the use of the hospital and the patients thereof, including outdoor patients, for the purposes of such instruction it is further agreed by and between the parties thereto:

9. Four of the Governors of the University appointed by the Governors and four of the Trustees of the hospital to be appointed by the Trustees of the hospital shall constitute a joint Hospital Relations Committee of the two contracting parties for the pur- poses hereinafter mentioned:

10. The Trustees shall forthwith pass the By-law, a draft of wiiich is hereto annexed, and shall procure such By-law to be approved by the Lieutenant-Governor in Council in accordance with the provisions of the Act relating to the hospital passed in the year 1906, 6 Edward VII., c. 59, s. 17, as amended in 1908, 8 Edward VII., c. 33, 3. 60.

11. No change in such By-law shall be made without the consent in writing of the University, unless at least one month's notice in writing of the proposed change shall have been first given to the University.

12. Soibject to the provisions of paragraph 14, the head professor or other head in the Faculty of Medicine of the University of Toronto, of the Departments of Medicine, )9urgery, Olwtetrics,

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Gynaecology, Ophthalmology and Laryngology shall each be entitled ex oflacio to a regular service in the hospital (including out-door patients) and shall be appointed by the Trustees upon their hospital staff and be provided with such service, but the provisions of this paragraph are not to be deemed to confer any right or privilege on any such head professor or other head which shall be enforce- able by him, but such provision shall be enforceable only by the University.

IS. If the Trustees are of opinion that any person entitled ex officio to a service under paragraph 12 ought not to be entrusted with a service they shall be entitled to notify the University of their objection and such notice shall be given in writing to the University at least three months before the time for making the annual appointments and if it is given and the University does not agree to give effect to the objection it shall be referred to the Liieutenant-Governor in . Council for decision.

14. In the event of the objection prevailing either by the Univer- sity assenting to it, or by the decision of the Lieutenant-Governor in Council, or in the event of the person entitled ex officio to a service being disqualified under the provisions of the by-laws of the Trustees for appointment, the position shall be filled in the manner hereinafter provided by paragraph 15 for making the appointments of the other members of the Hospital Staff.

15. All appointments to positions on the Hospital Staff other than those mentioned in paragraph 12 shall be made by the Trustees only on the nomination of the Joint Committee or a majority thereof, and if the Joint Committee is unable to agree upon a nomination for any such appointment, the nomination shall be made by the President of the University and the Chairman of the Trustees, or if they do not agree, by them and some third person appointed by them, or a majority of them.

16. The provisions of paragraphs 9 to 15 Inclusive and of paragraph 19 shall take effect on the execution of this Agreement, but not so as to interfere with any appointment made for the current year.

17. Except as provided by paragraph 16, this Agreement shall not take effect unless and until the By-law mentioned in paragraph 10 shall have been passed by the Trustees and approved by the Lieutenant-Governor in Council.

18. In the event of other Departments than those mentioned in paragraph 12 being hereafter established* in the Medical Faculty of the University and the University being of opinion that services should be provided for such Departments the University shall be entitled to require the Trustees to pass the necessary By-law to rearrange the services so as to provide services for such Depart- ments, and if the Trustees object to do so, the matter in dispute shall be referred to the Joint Committee for decision and in the event of the Committee being unable to agree as to whether such re-arrangement should be made, the matter shall be referred to a Medical Expert residing out of Ontario to be agreed on by the University and the Trustees, or if they are unable to agree as to the Medical Expert, he shall be named by the Lieutenant-Governor in Council, and his decision shall be final and shall be given effect to by the passing by the Trustees of the necessary By-law and the transmission of the same to the Provincial Secretary for the approval of the Lieutenant-Governor in Council, but nothing in this paragraph shall entitle the University to require the Trustees to incur any additional expenditure for new buildings or the equipment of them.

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19. If either party so desires, the Trustees shall obtain legis- lation confirming this Agreement.

In witness whereof the parties hereto have caused to be here- unto affixed their respective Corporate Seals.

Signed, sealed and delivered in presence of

(Signed) B. E. WALKER,

Chairman. (Signed) A. M. GALL. (L.S.)

(Signed) F. A. MOURE,

Bursar.

(Signed) J. W. FLAVELLE,

Chairman. (Signed) W. T. WHITE. (L.S.)

(Signed) A. P. MILLER,

/secretary.

By-law Respecting the Medical Staff of the Hospital. Be it enacted by the Trustees of the Toronto General Hospital:

1. In making appointments to the Visiting Staff regard shall be had to the Agreement between the Governors of the University of Toronto and the Trustees, dated the first day of December, 1910, to the previous training and record of the applicant, his capacity to render service to the sick in the hospital, his scientific attain- ments, his teaching capacity and the promise he gives for future work.

2. All appointments shall be made annually at the regular meeting of the Board in the month of April.

3. There shall be no remuneration to members of the Visiting Staff.

4. In making appointments to the Staff sex shall be no bar.

5. The members of the Visiting Staff shall not be allowed to serve on the Staff of any other (Jeneral Hospital.

6. The following shall be the services in the several Departments of the Hospital:

In Medicine (including Dermatology and Neurology) three co- ordinate services;

In Siurgery, four co-ordinate services;

In Obstetrics, one service;

In Gynaecology, one service;

In Ophthalmology, one service;

In Otology, Rhinology and Laryngology, one service.

7. EJach of the services In the several Departments shall be under a head with such associates and assistants as may be found necessary.

8. The several services In all Departments shall be so organized as to include both indoor and outdoor patients and the heads of such services shall be responsible for the treatment of all such patients.

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9. The Heads in Surgery shall retire from their position at the age of 55, and the Heads in Medicine at the age of 60 years. If the Board of Trustees and the University so agree, the age limit may be extended to 60 years in the case of Surgeons and to 65 years in the case of Physicians. If the Board and the University fail to agree bo any such extension, either party may refer tne matter to the Lieutenant-Governor in Council lor decision. The age limit for Surgeons shall apply to the Heads in the Departments of Obstetrics, Gynaecology, Ophthalmology, Otology, Hhinology and Laryngology.

10. The Heads in Medicine shall not engage in general practice but shall confine their work outside of /:he Hospital to consultation,

11. The Heads in Surgery shall practise Surgery only; but this provision shall not apply to the present head professor of Surgery in the Faculty of Medicine of the University of Toronto.

12. The Head of the service in Obstetrics shall practise Obstetrics and Pediatrics only.

13. The Head of the service in Gynaecology shall confine his work in the hospital to Gynaecology only but may outside engage in Surgery but not in general practice.

14. The Head of the service in Ophthalmology shall confine his work in the hospital to Ophthalmology but may outside practise the three other specialties of Otology, Rhinology and Laryngology.

15. The Head of the service in Otology, Rhinology and Laryn- gology shall confine his work in the hospital to the specialties, but may outside practise Ophthalmology.

16. There shall be a Department of Pathology and Bacteriology and a Department of Pathological Chemistry. These two Depart- ments shall be in charge of Professors of the University.

17. The Department of Anaesthetics shall he under the super- vision of one Head.

18. All public ward patients shall be entered under the care of heads of services and shall be available for the clinical instruction of students of the Medical Faculty of the University of Toronto.

19. Members of the Medical Profession who are not on the Staff of the Hospital shall have the privilege of attending patients in the private, semi-private and semi-public wards.

20. There shall be a Medical Board the work of which shall be advisory only, which shall consist of the Heads of the various services.

21. Seniors who, by reason of the age limit, are required to sever their connection with the Active Staff, may be given positions on the Consulting Staff.

Passed the twenty-fifth day of January, 1911.

(Signed) .J. W. FLAVELLE,

.^^ Chairman. (L.S.) (Signed) A. V. MILLER,

Secretary.

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SCHEDULE 2.

No. 5454. A By-law

To proinde for the issue of "City of Toronto General Consolidated fjoan Dcbcntnres" to the amount of $2.50. OW, to make a grant to the Toronto General Hospital, and for acquiring lands to extend Christopher Street.

(Passed April 25th, 1910.)

Whereas in the opinion of this Council it is desirable to make a grant to the Toronto General Hospital to the amount of $200,000 and to raise $50,000 for the purpose of extending Christopher Street to Elizabeth Street;

And whereas by an Act passed by the Legislature of the Province of Ontario in the fifty-second year of the reign of Her late Majesty Queen Victoria, and chaptered 74, entitled "An Act respecting the Consolidation of the Debenture Debt of the City of Toronto," as amended by an Act passed in the fifty-eighth year of Her said reign, and chaptered 89, it is amongst other things enacted that the Cor- poration of the City of Toronto may pass By-laws for authorizing the issue of debentures of the said City to an amount not exceeding in the whole twelve and one-half per centum of the assessed value of the whole of the rateable property in the City up to the first one hundred millions thereof, and eight per cent, of the assessed value of said property beyond the said sum of one hundred millions, as established and shewn from time to time by the last revised assessment rolls of the said City, said debentures to bear interest at a rate not exceeding four per cent, per annum;

And whereas the amount of the whole rateable property in the City of Toronto, according to the last revised assessment rolls of the said City, being those prepared in the year 1908 for the year 1909 is $234,597,194, exclusive of the property liable for school taxation only, and exempt from general taxation;

And whereas the general debenture debt of the City, as auth- orized and controlled by the said recited Act, and exclusive of local improvement debts and of the debt incurred for Water Works purposes, which, according to the said Act, is not to be counted as part of the general debenture debt, only amounts to $21,032,310, of which debt no part of the principal or interest is in arrear;

. And whereas the sum of $250,000 Is the debt intended to be created by this By-law;

And whereas it will require the sum of $10,000 to be raised annually for a period of thirty-eight years, the currency of the debentures to be Issued under and by virtue of this By-law, to pay the interest of the said debt, and the sum of $3,615 to be raised annually during the same period for the forming of a sinking fund for the payment of the debt created by this By-law, according to the provisions of the above recited Acts, making in all the stim of $13,615 to be raised annually as aforesaid;

And whereas It Is necessary that such annual sum of $13,615 shall be raised and levied In each year during the said period of thirty-eight years, by a special rate sufficient therefor on all the rateable property in the municipality of the City of Toronto;

Therefore the Council of the Corporation of the City of Toronto enacts as follows:

1. It s'hall be lawful for the Mayor of the City of Toronto and the City Treasurer to raise by way of loan, upon the security of the debentures hereinafter mentioned from any person or persons, ^23

body or bodies corporate, who may be willing to advance the same upon the credit of such debentures, a sum of money not exceeding In the whole the sum of $250,000, and to cause the same to be paid Into the hands of the Treasurer for the purposes and with the objects above recited.

2. It sihall be lawful for the said Mayor and Treasurer to cause any number of debentures to be made for snch sums of money as may be required for the purposes aforesaid, either In currency or sterling money payable In gold coin for not less than one hundred dollars currency, or twenty pounds sterling each, and not exceeding In the whole the said sum of $250,000, and the said debentures shall be sealed with the seal of the said Corporation, and be signed by the Mayor and the Treasurer.

3. The said debentures shall bear date the first day of July, 1910, and shall be made payable on the first day of July, 1948, in Canada, Great Britain, or elsewhere, and shall have attached to them coupons for the payment of interest.

4. The said debentures shall bear Interes't at the rate of four per cent, per annum from the date thereof, which interest shall be payable half-yearly, on the first dajrs of the months of January and July In each year, at the place where the said debentures are made payable.

5. During the currency of the debentures to be issued under the authority of this By-law, the sum of $10,000 shall be raised anmially for the payment of interest on said debentures, and the sum of $3,615 shall be raised annually for the purpose of forming a sinking fund for the payment of the principal of the said loan of $250,000 in thirty-eight years, according to the provisions of the above recited Acts, making in all the sum of $13,615 to be raised annually as aforesaid, and a special rate in the dollar upon all the assessed value of all the rateable property in the City of Toronto over and above all other rates and taxes, and which special rate shall be sufficient to produce in each year the said sum of $13,615, shall be annually levied and collected in each and every year during the currency of the said debentures.

6. The said Mayor and Treasurer may oanse the said debentures, or a sufficient amount thereof, to be sold or hypothecated, or may aitthorlze the said debentures, or any potion thereof, to be pur- chased or taken as and for a temporary or permanent investment of the sinking fund of the City of Toronto, and the proceeds thereof, after providing for the discount (If any) and the expenses of the negotiation and sale thereof, shall be applied for the purposes above specified and for no other purpose.

7. The debentures to be raised hereunder shall contain a pro- vision in the following ^Yords: "This debenture or any interest therein shall not, aftef a certificate of ownership has been endorsed thereon by the Treasurer of this Municipal Corporation, be trans- ferable except by entry by the Treasurer or his Deputy in the Debenture Registry Book of the said Corporation at the City of ," or to the like effect.

8. This By-law shall take effect on, from and after the passing thereof.

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No. 124. 19 H.

BILL

An Act lor the Protection of Persons employed in the Construction of Buildings.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows :

1. — (1) If the Council of any city or town does not ap- Appoint- point a sufficient number of insjjectors of s- nffolding. to pro- inspectors vide for the proper and efficient inspection of the hoists, ^ngs.'^^oist- scaftoldings and other constructions mentioned in paragraph ^"y^^Lie^ten- 1 of section 541 of The Consolidated Municipal Ad, i90^4^*-?°^®'- the Lieutenant-Governor in Council may appoint as many^°""cii. such inspectors as he may deem necessary to ensure such proper and efficient inspection, and their salaries or c. 19. ' other remuneration shall be paid by the Corporation of such city or town.

(2) Every person employing or directing another to per- Prohibition form labour in the erection, alteration, repair or im- erection of provement of any building, chimney or other structure, scaffolding, shall not furnish or erect or cause to be furnished or erected ^^o'^*^- ^^'^■ for the performance of such labour scaffolding, hoists, stays, ladders or other mechanical contrivances which are unsafe, unsuitable or improper or which are not so constructed,

placed and operated as to give proper protection to the life and limb of a person so employed or engaged.

(3) Scaffolding or staging swung or suspended from anRe<iuire- overhead support more than twenty feet from the ground scaffolding: or floor shall have a safety rail of wood properly holted, f i^m^ over- secured and braced, rising at least thirty-four inches above sitpport. the floor or main portions of such scaffolding or staging and extending along the entire length outside and the ends thereof

and properly attached thereto, and suf^h Kcaffolding or staging shall be so fastened as to prevent the same swaying from the building or structure.

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Penalty. Require

(4) Every person who contravenes the provisions of this section, or who hinders or obstructs any inspector in the performance of his duties, shall incur a penalty not exceed- 10 Edw. VII. ing $500, recoverable under The Ontario Summary Convic- tions Act.

c. 37.

ments as to 2. — (1) Every owner and every contractor when oon- of arched structing a building in a city where the plans and specifica- oor.s. e c. ^-^j^g require the floors to be arched between the beams thereof, or where the floors or filling in between the floors are of fire-proof material or brick work, shall complete the flooring or filling in as the building progresses to not less than within three tiers of beams below that on which the iron work is being erected.

Require- (2) Where the plans and specifications do not require

^mpietton ° filling in between the beams of floors with fire-proof material where'^fire- ^1* brick work, the contractor for the carpenter work, in the not "/equire^ ^^^^® ^^ construction, shall lay the under flooring of the building on each storey as the building progresses to not less i than witliin two storeys below the one to which the building

! has been erected.

Require- ments where double floors not used.

Require- ments where floor beams of iron or steel.

(3) Where double floors are not to be used, such contractor shall keep planked over the floor two stK)reys below the storey where the work is being performed.

(4) If the floor beams are of iron or steel, the contractor for the iron or steel work of a building in course of con- struction or the owner of such a building shall thoroughly plank over the entire tier of iron or steel beams on which the structural iron or steel work is being erected except such spaces as may be reasonably required for the proper con- struction of such iron or steel work and for the raising or lowering of materials to be used in the construction of such building, and such spaces as may be designated by the plans and specifications for stairways and elevator sihafts.

Protection of shafts for

elevators hoists.

(5) If elevators, elevating machines or hod hoisting ap- QP paratus are used within a building in the course of con- struction for the purpose of lifting materials to be used in such construction, the owner or contractor shall cause the shafts or openings in each floor to be enclosed or fenced in on all sides by a barrier at least eig'ht feet in height, except on two sides which may be used for taking off and putting on materials, and those sides shall be guarded by an adjust- able barrier not less than three or more than four feet from the floor and not less than two feet from the edge of sudh shaft or opening.

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(6) If a building in course of construction is five storeys J^hen

lumber not

or more in iteieht no lumber or timber required for such con- to be lifted

struction shall be lifted on the outside of the building. of buiwing.

(7) The chief officer of the city charged with the enforce- o^cer to ment of its building by-laws shall be charged with the duty of enforcing the provisions of this section.

(8) Every person who contravenes the provisions of this^^^^ity- section shall incur a penalty not exceeding $500, recoverable l^ ff^- ^'^^• under The Ontario Summary Convictions Act.

3. Nothing in section 2 shall affect any by-law relating to By-iaw of the matters mentioned in that section or any of them passed ^my *" by a municipal council under the powers conferred by The'^Q^^f^^°^^^° Consolidated Municipal Act, 190S, or the authority of a municipal council to pass such a by-law, so far as such by- ^ ^^- "^^i- law imposes higher or greater duties than those imposed by section 2.

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No. 124 1911.

BILL

An Act for the Protection of Persons Employed in the Construction of Buildings.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. This Aot may be cited as "The Buildings Trades Pro- tection Act."

2. In this Act

(a) "Building" shall include any structure J^^roofed in or intended to be roofed in and capable when completed of affording protection and shelter."''^!

(&) "Inspector" shall mean an inspector appointed by a municipal council or by the Lieutenant-Gov- ernor in Council for the purpose of enforcing the provisions of this Act.

3. The council of every city, town, township and village shall, by By-law, appoint a sufficient number of competent persons to be inspectors for the purpose of enforcing the provisions of this Act in the municipality.

4. The Lieutenant-Governor in Council may appoint inspectors to enforce this Act in territory without municipal organization.

5. — (1) Where any inspector appointed under this Act finds that any provision of this Act is being violated in the case of any building, he may give such orders in ivritinq as may, in his opinion, be required to secure due compliance with such provision, and Jl^^upon any such order being made and*'^! until the same is carried out the work upon that part of the building in which the default occurs shall be suspended.

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(2) Every person to whom the order of the inspector is directed who disobeys or who knowingly permits any person under his direction and control to disobey any snch order or to carry on work in violation of subsection 1 before the order is carried out shall incur a penalty not exceeding' $50 for every day ii|)oii which such default occurs.

6. In the erection, alteration, repair, improvement or demolition of any building, no scaffolding, hoists, stays, lad- ders, flooring or other mechanical and temporary contri- vances shall be used which are unsafe, unsuitable or im- proper, or which are not so constructed, protected, placed and operated as to afford reasonable safety from accident to persons employed or engaged upon the building.

7. The following regulations shall be complied with in the erection, alteration, repair, improvement or demolition of every building:

1. The floors of all scaffolding whether standing or sus- pended from overhead shall be at least four feet wide and there shall be a railing or guard not less than three feet nor more than four feet from the flooring on the outside of the scaffolding for the protection of persons working thereon.

2. Where the scaffolding or staging is swung or sus- pended from an overhead support, it shall be secured as to prevent its swaying to and fro.

3. Where poles are used in scaffolding the poles shall be securely lashed at every point of contact and where square timber is used in scaffolding the same shall be securely bolted at every point of contact.

4. No lumber or timber shall be hoisted in a single sling.

Require- ments as to completion of arched floors, etc.

5. Where hoists are used for raising materials for use in buildings, the shafts or openings shall be protected at each floor by a barrier not less than three feet nor more than four feet from the level of the floor, and the barrier shall be placed not less than two feet from the edge of the shaft or opening in which the hoist is operated.

8. — (1) Where the plans and specifications require the floors to be arched between the beams thereof, or where the floors or filling in between the floors are of fire-proof material, the flooring or filling in shall he completed as the building progresses to not less than within three tiers of beams below that on which the iron work is being erected.

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(2) Where the plans and specifications do not require completion filling in between the beams of floors with fireproof material whe^rTflre- or brick work, the contractor for the carpenter work, in the P^^/eSu/r^e^d course of construction, shall lay the under flooring of the building on each storey as the building progresses to not less than within two storeys below the one to which the building has been erected.

(3) Where double floors are not to be used, such contractor ^%^^l^^' shall keep planked over the floor two storeys below the storey where where the work is being performed. floo?i not

used.

(4) If the floor beams are of iron or steel, the contractor Require, for the iron or steel work of a building in course of con- ^^^^l g^^j. struction or the owner of such a building shall thoroughly beams of plank over the entire tier of iron or steel beams on which steel, the structural iron or steel work is being erected, except such spaces as may be reasonably required for the proper con- struction of such iron or steel work and for the raising or lowering of materials to be used in the construction of such building, and such spaces as may be designated by the plans and specifications for stairways and elevator shafts.

9. In the case of what are known as skeleton steel frame buildings, compliance with the following regulations shall be sufficient and it shall not be necessary to comply with the requirements of section 8 :

1. As soon as the steel frame of a building is erected to the first column splice above the first floor level, a flooring of two inch planking shall be laid over floor beams on the floor immediately below the first column splice, making a temporary floor over that part of the area of the building in- side columns at that level, except in places where it is neces- sary to have openings for the passage of material for build- ing above that point. When erection has reached a point level with the next column splice, the planking used as tem- porary floor at first column splice shall be removed and placed as before :i( -cfnud splice. i\u(] so on to the top of the building.

2. A double flooring of two inch planking shall be laid down immediately under any derrick for a sufficient space about the derrick to protect workmen on the floor« brdow that on which the derrick is working and to hold witli <;ilVtv the materials hoisted by the derrick, ''^l

3. Kivetters' staging shall be so constructed as to secure the reasonable safety of the rivetters and a temporary^ floor must be provided on the girders and floor beams immediately below the portion of the floor upon which the rivetters are

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working, sufficient for the protection of workmen engage below that floor.

jred

Erection on side- walk In front of buildings In course of erection.

Placing: building materials ■on side- walks or roadways.

By-law of Municipal- ity when not to be affected.

4. The steel work may be carried on in advance of the construction of permanent floors.

10, In cities and towns the following regulations shall be complied with in erecting, altering, or repairing any build- ing:

1. When the work is located on the line of any street or within three feet of the inside line of the sidewalk of any street, before any of the work above the sidewalk or footway is commenced, there shall be erected over the sidewalk or footway of the street a covered passageway or independent structure not less than eight feet high at the lowest side above the level of the sidewalk or footway l^^and of .sufficient strength to pi-otect the })iil)lic using the sidewalk or foot- way. "^^

2. If a building is to be erected within seven feet of the inside line of the sidewalk on any street, a strongly con- structed close-boarded fence or barricade, not less than six feet high, sJiall be erected along the inside line of such side- walk.

3. No person shall place any stone, brick, lumber, or any building material, fence, barricade or temporary side- walk so as to obstruct the free passage of water in the drains, gutters or water courses ; and the roofs of all covered ways shall be kept iclear of any material whatever.

11. Nothing in this Act shall affect any by-law relating to tbe matters mentioned herein lawfully passed by a municipal council, or the authority of a municipal council to pass any such a by-law, so far as' such by-law imposes additional or more stringent requirements than those imposed by this Act.

1.2. The Ontario Summary Conrirtions Act shall apply \.^ every prosecution under this Act.

13. l^^iSeetions 7, 8 and 0 of"^^ this Act shall not apply to any dwelling house not more than two stories in height nor to any work being done upon a building by the owner or occupant thereof in person.

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No. 125.

1911

BILL

An Act to amend The Motor Vehicles Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. The Motor Vehicles Act is amended by adding the fol- *> i?^'«^- vi , . ^. -^ » c. 46,

lowing section: amended

20a. Where a constable or other officer of a mimicipality ^pp'^^^^o" is the prosecutor or complainant any penalty or money im- where con- posed under this Act shall, when received, be paid over bymunicpai the police magistrate or justice of the peace who imposed prosecutes the penalty to the treasurer of the municipality for its use.

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No. 126. 1911,

BILL

An Act respecting Voluntary and Fraudulent Conveyances,

HIS MAJESTY by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as f ollov^s : —

1. This Act may be cited as The Fraudulent Conveyances short mi^t Act. New.

INTERPRETATION.

2. In this Act

(a) " Conveyance " shall include gift, grant, alienation, interpret.- bargain, charge, incumbrance, limitation of use ''convey- or uses of, in, to or out of real property or per-*"*^®' sonal property by writing or otherwise.

(6) " Personal Property " shall include goods, chattels, "Personal effects, bills, bonds, notes and securities, and shares, dividends, premiums and bonuses in any bank, company or corporation, and any interest therein.

(c) " Real Property " shall include lands, tenements, ..-^^^ ^^^o- hereditaments, and any estate or interest therein, perty." New.

CONVI NANCES IN FRAITJ) OF CREDITORS.

3. Every conveyance of real property or personal property Fraudulent and ovrrv bond, suit, judgmenit and execution at any time^p"^^re^"'^*" had or made or at any time liereafter to Iv had or made witli ^^j^*^' intent to defeat, hinder, delay or defraud creditors or others credi^tor*. of their just and lawful actions, Ruits, debts, accounts, dam-c. s/^'l acres, penaltios or forfeitures shall ho null and void as against

?ue.h porsnns and thn'r assigns. TJ.S.O. 1807, c. 334, s. 1. 126

Proviso aa to 4_ Whero a conveyance made by a tenant in tail is im- by tenanta pcachcM! iiiKier section 3, it shall nevertheless be as valid Eiij., c. s, as against the heirs in tail, and all persons entitled in

reversion or remainder as if this Act had not been passed.

R.S.O. 1897, c. 334, s. 3.

«. s.

conveyanceii* ^- Scction 3 shall not extend to any estate or interest in ^d^^ ^d^ '"^'^^ ])roperty or personal property conveyed upon good con- eood con- sidoration and bona fide 1o any person not having at the 13 Eiiz.. 'c time of the conveyance to him notice or knowledge of such ^' "■ '■ intent. E.S.O. 1897, c. 334, s. 4.

ab?e"on^"* ^- — (1) Section 3 shall apply to all conveyances executed &ni^tnten\ to ^^'^^^^ *^^ intent in that section Pet forth notwithstanding that to^av"n!'^*'* ^"^^ same may be executed upon a valuable consideration and with the intention, as between the parties to the same, of actually transferring to and for the benefit of the transferee the interest expressed to be thereby transferred, unless the same is protected under Section 5 by reason of bona fides and want of notice or knowledge on the part of the purchaser.

instrumen^ (2) This Section shall not apply to anv instrument exe- not affected. ^^^^^^ ^^^^^^ ^^^ ^^^ ^^^ ^^ March, 1872. R.S.O. 1897,

c. 115, s. 3.

CONVEYANCES IN FRAUD OF PURCTTASERS.

Fraudulent 7. Every conveyance of real property had or made or at

made to any time hereafter to be had or made with intent to defraud

chasers ^"'^" and deceive such person as may have purchased or shall

aa^agalnst"^^ afterwards purchase such real property shall be deemed only

chasers!'"' ^^ against that person and his assigns, and all persons law-

27 Eiiz., c 4. fiillv claiming under him. or them, who have purchased or

shall hereafter purchase for money or other good considera-

tiotti the same real propertv or any part thereof to be null

and void. R.S.O. 1897, c' 334, s. 5.

Proviso for 8. Section 7 shall not extend to or be construed to impeach, mada^on*^** defeat, make null or void any conveyance of real property siderat?on. m^df^ upou oV for ffood consideration and bona fde. R.S.O. 27Eii2.. c4. -i^S97, c. 334, s. 7.

Conveyane«fl 9. Tf anv person makes a convevance of real propertv with

made revoc- , ' ' . . . . ... - .

able of landa anv Clause, provision, article, or condition of revocation, sold for good detprmination or alteration at bis will or pleasure, and after to"ba void°° ^^'^c^ oonvevance bargains, sells, demises, jrrants. ronvevs or purchaser!* charo-es the same or any part tbenpof to anv perso^T for money 27 Biix., C.4, OP other srood consideration paid or piven, such first convey- anice not being by him revoked, mad© void, or altered accord-

126

8

in^ to the power and authority so reserved or expressed there- in, then such first conveyance as touching the real property so after bargained, sold, conveyed, demised or charged against the bargainees, vendees, lessees, grantees, their heirs, succes- sors, and their assigns and against every person lawfully ptovIto as to claiming under them, shall be null and void. Provided nevertheless that no lawful mortgage made bona fide, and without fraud or covin, upon good consideration shall be impeached or impaired by force of this Act, but shall have the like force anid effect as if this Act had not been passed. R.S.O. 189Y, c. 334, s. 8.

Absence of Valuahle Consideration.

No voluntary conveyance, etc., exe- cuted In good faith and duly re- gistered to be void merely for absence of valuable considera- tion.

10. 'N'othing in sections 7 to 9 shall extend to a convey- ance which is executed in good faith and duly registered in the proper registry office or land titles office before the exe- cution of the conveyance to, and before the creation of any binding contract for the conveyance to any subsequent pur- chaser from the same grantor of the same real property or any part thereof, mor shall the same merely by reason^ of the absence of a valuable consideration be null and void as against such purchaser or his heirs, executors, administrators or aspiirns or anv person claimino- by. from or under any of them. "R.S.O. 1897, c. 115, s. 1. '

11. Nothing in the next preceding section shall have the instrumenti effect of making valid any instrument which is for any °o'j|'7oT to reason other than or in addition to the absence of a valuable J^^^aiid^^ consideration void under sections 7 to 9 or otherwise; '^'^^glctU* have the effect of making valid anv instrument as against a purchaser who had, before the 28th day of Pebniary, 1868. entered into a binding contract for, or received his convey-

f>nce upon such purchase. R.S.O. 1897, c. 115, s. 2.

12. Chapter 115 and Chapter 334 (excepting Sections 2 Repeal, flnd C^) of the "Revised Statutes 1897 are repealed.

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No. 127. 1911

BILL

An Act to amend the Act Respecting Snow Fences.

HIS MAJESTY, by and with the, advice and consent of the Legislative Assembly of the Province of Ontario enacts as follows: —

1. Section 1, of the Act respecting Snow Fences is amended Rev. stat by striking out all the words after the word "council" in the Liemied. ' 14th line and substituting therefor the words "the same shall Arbitrators, be settled by arbitration and three fence viewers appointed by

the municipality shall be the arbitrators."

2. The said section 1 is further amended by adding the Rev. stat.,

following subsections: amended' ^'

(2) The arbitrators shall examine the premises and Duties of

shall, if required, hear evidence and may admin- ^'■^^^'■^*°^* ister an oath for such purpose.

(3) The arbitrate rs shall be entitled to $2 a day, which Fees.

shall be paid by the municipality if the amount of the award exceeds the amount offered by the municipality, otherwise by the owner or occu- pant.

(4) The award shall be filed in the office of the clerk Award to

of the municipality and an appeal shall lie there- oAice^f ^ from to tfhe Judge of the County or District °^®^^ Court of the County or District.

(5) The provisions of section 11 of The Line Fences Act f^^kf^e^i

shall mutatis mutandis apply to such appeal. to apply.

3. Section 3 of the said Act is amended by striking out Rev. stat, the words "under the Municipal Act" in the 11th and 12th amended. '' lines and substituting therefor the words "as provided in , section 1."

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1911

BILL

An Act to amend the Act to Authorize and Eegulate the Use of Traction Engines on Highways.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. Section 10 of the Act to Authorize and Begulate ^^e a®242,'^g"*io. Use of Traction Engines on Highways is amended by adding amended. the following subsection (4) :

(4) A traction engine shall not enter upon or cross a Traction

bridge drawing behind it any tender, separator, c?oss*br?dge machinery or vehicle. separately.

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No. 129.

1911.

BILL

An Act to amend the Assessment Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : —

1. Section 5 of The Assessment Act is amended by adding 4 Edw. vii at the end of paragraph 9 thereof the following words : " Pro- par. 9, ' ' vided this paragraph shall not apply to any real property *™®"^**^' when occupied by any tenant or lessee." JJJjerty

of chari- table insti- tution not to be exempt.

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ho. 130. 1911.

BILL

An Act respecting the use of Traction Enojines.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

The Act to authorize and regulate the use of Traction Rev. stat. Engines on Highways is amended by adding thereto the fol- amended. lowing section: -

10a. No engine shall be run upon any unmetalled or iin- ^°^ *°th"° paved earth road during the months of April or December. roads in

December.

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No. 131. 1911.

BILL

An Act to Amend the Assessment Act.

HIS MAJESTY, by and with the advice and oonsent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. Paragraph 2 of section 5 of The Assessment Act is J.^37e.^""' amended by striking out thie woi^ds " place of worship and |>'J^®c'^'*®^- land used in connection therewith." worship

not to be exempt.

Paragraphs 3 and 3a of section 5 of The Assessment Act ^^?°^J|ities are repealed. I'f'f^^'J^J

not to be exempt.

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No. 132.

1911.

BILL

An Act respecting the Production and Sale of Milk for Human Consumption.

HIS MAJESTY, by and with the advice and consent of the Legisiative Assembly of the Province of Ontario, enacts as follows: —

1. This Act may be cited as The Ontario Milk Act. short title.

2. The Council of every municipality is hereby author- By-iaws Lzed to pass by-laws regulating milk produced for sale, offered ^nk pro-'^ for sale or sold within such municipality as to sA\e^ ^^^

(a) The care of cows producing milk for sale for domestic consumption;

(h) The cleanliness, ventilation and sanitary conditions of the places in which cows are kept or milked or in which milk is stored;

(c) The water supplied to cows ;

(d) The care, cleansing and type of all utensils used

in handling milk, whether by producers, carrier^ or vendors;

(e) The proper care, storage, transportation and dis-

tribution of milk by producers, carriers or ven- dors ;

(/") The making of bacteriological tosts as a guide to the wholesomeness of milk offered for sale by any producer, carrier or vendor ;

(g) Such other matters regarding ihe production, oarc, transportation or sale of milk as the Municipal Council may consider necessary;

Its

Apprii\ al of

and upon such rngiilations being approved in writing by the Minister of Agricidfiire, the same shall apply to all milk pi-odiieod for sale, offered for sale or sold within such muni- f'ipality.

Ry-inwp 3. — (1) The Council of evf>rj municipality is hereby

[■f,^"'Jfra"[: iuilhorized to enact by-laws regulating the granting of lic^en^ses Hccnscs to producers and to vendors to sell milk, and shall have powor to rofiiso or cancel such licenses.

'"^', ^°.*^® . (2) No person shall sell milk in any municipality where

sold without 111 • /• • 1 ft I . . • , .

a license. sucii by-laws are iii lorce without first obtaining a license therefor.

By-laws fixing standaMs of butter- fat and solids.

4. — (1) The Council of every municipality is hereby authorized to enact by-laws fixing the standard for butter fat and total solids of milk sold in such municipality, but no milk shall be sold for human consumption Avbich contains loss than twelve per cent, of solids, of which three per cent, shall be butter fat.

Preserva- tives, etc., not to be used.

(2) 'N'o person shall place at)y presenj-ative in milk in- tended for human consumption, or sell or ofl^er for sale to any vendor milk from which any part of the butter fat has been removed, or to which water has been added, or ^v*hich lias othorwiso boon changed from its normal eondition, with- out previously giving notice in writing of such change to such vendor; and no vendor of milk shall sell or oflFor for sale milk not complying with the standard, or from which butter fat has been removed, or to which water has been added, or which has reccnved special treatment causing it to differ from noiTTial milk, w^ithout olearly and distinctly advertising the same in the manner demanded by the regulations of the municipality in which it is sold.

Appoint- ment of municipal inspectors.

5, — (1) The Council of every municipality is authorized to appoint an inspector or inspectors for the enforcement of this Act and any regulations enacted hereunder, and each such inspector shall have power to prohibit the sale of milk which in his judgment is produced or handled contrary to the provisions of this Act or any regulations made hereunder.

inspectors. (2) Every such inspector shall have the right to inspect the premises of every vendor licensed to sell milk within the municipality for which he is inspector, to see that the re- quirements of tills .\ct and the regulations enacted here- under are fullv complied with, and to take samples of milk for examination and testing

in

(3) Every such inspector shall have the right of entrance Right to to the premises no matter where located, of every person samples, etc producing milk for sale or consumption within the municipal- ity for which he is inspector, of fully inspecting the same, and of taking for examination and having tested samples of milk produced therein and of the water supplied to cows or used in cleansing dairy utensils.

(4) Every such inspector shall have the right to inspect fnspecting- and to take samples of milk for sale or consumption within samples in the municipality for which he is inspector while in transit. ""''' ' and shall have the right of entrance to any premises in order

to procure samples of such milk.

(5) The result of all said tests shall be open to public P"bi^n^ation inspection at all reasonable times and may be published by

the Medical Health Officer of the municipality if he so desires.

O. \o milk shall be sold from any cow which, upoui physical !nse!ised*'" examination by a certified veterinarian, shall be declared to''^^^'"- be suffering from tuberculosis of the udder or milk glands, or whose milk, upon bacteriological or microscopical analysis, is sihown to contain tubercle bacilli, or wlich is known to be suffering from splenic fever or anthrax, or any other general or local disease which is liable to render milk from such cow a menace to the public health. Where any doubt arises as to any cow being affected with any of the diseases above mentioned, it shall be the duty of the inspector to notify the owner that the milk of such cow must not be sold or offered for sale until a permit so to do has been granted by the Board of Health of the municipality in which such milk is being consumed; and upon such notice being given, no milk from such cow shall be sold until said permit has been granted.

7. No person suffering from or who has knowingly within |!,',^Lg°'[^^

a time prescribed by the regulations of the Provincial Board from dis- of TToalth been exposed to diphtheria, scarlet fever, typhoid i)(> employed, f( \ ( r. erysipelas, 8malljx)x, anthrax or any infectious skin disease shall work or assist in the production, transportation or vending of milk, and no proprietor, manager or super- intendent of any dairy or dairy farm shall knowingly permit any person suffering or exposed as aforesaid, to work or assist in the production, transportation or vending of milk, and the sale of milk produced or bandied under suoh circum- stances may be forthwith prohibited by the inspector.

8. No cans, bottles or other utensils used in the distribu-cans, bot- tlon of milk shall he used for any other purpose whatsoever, , .of' to "be

132

used for :tny otliei- purpose, and to be cleansed.

Municipal Milk

.Icpols.

and all such cans, bottles and other utensils must be flioionoli- ly cleansed before again being used.

9. The (/Ouncil of every municipality is authorized to establish and maintain or assist in the establishment and maintenance of Milk Depots in order to furnish a special supply of milk to infants.

V-^® *?£ '^°''*^ 1^- It shall be unlawful to apply the term "certified" to any milk which does not comply with the following standard :

Conditions.

(a) It shall l)e taken from cows semi-annually sul)-

jected to the tuberculin test and found without reaction ;

(b) It shall contain not more than 10,000 bacteria per

cubic centimetre from June to September, both inclusive, and not more than 5,000 bacteria per cubic centimetre from October to May, both inclusive ;

(c) It shall be free from blood, pus, or disease-produc-

ing organisms;

(d) It shall be free from disagreeable odour or taste;

(e) It shall have undergone no pasteurization or sterili-

zation, and be free from chemical preservatives;

(/) It shall be cooled to 45 degrees I'ahronlieit or under within half an hour after milking, and kept at that temperature until delivered to the con- sumer ;

Proviso.

(g) It shall contain twelve to thirteen per cent, of milk solids, of whic'h at least three and one-half per cent, is butter fat;

(7/) It shall be from a farm the herd of which is inspected monthly by the veterinarian, and the employees of which are examined monthly by a physician ;

Provided that no milk shall be sold as "certified" until a certificate setting forth that the above conditions have been complied with is obtained from time to time from the Medical Health Officer of the municipality in which it is to be con- sumed or from an incorporated society of medical piar titi oners.

132

11. It shall not be lawful to apply fche word "pasteur- .'iflg'^^j^'.^''*^ ized'' to any milk unless all portions have been subjected '2«"d."

for at least twenty and not more than thirty minutes to a temperature of not less than 140 and not more than 145 degrees Fahrenheit and then at once cooled to 45 degrees Fahrenheit or Tinder and kept at that temperature until de- livered to the consumer, and the process of pasteurization shall be subject to inspection by the local Medical Health Officer or such inspector as he may designate ; provided Proviso, always that all such milk shall in all other respects be subject to all the terms and conditions of this Act. This section shall not come into force until July 1, 1911.

12. Any person violating any of the provisions of this Act Penalty, or of the regulations passed hereunder shall be liable upon summary conviction to a fine of not less than $1 or more

than $50, and in default of payment to imprisonment for a term not exceeding thirty days.

13. — (1) Paragraphs 1, 2 and 2a of Section 550 of T^e 3 Edw. vii. Consolidated Municipal Act, 1903, as amended by Section 23 pars. i,'/,'':.'.i of The Municipal Amendment Act, 1905, are amended by'""®"^*"^- striking out the word "milk" where it occurs in the said paragraphs.

(2) Paragraphs 23 and 24 of Section 583 of The Con- s Ed^^ yii. soUdated Municipal Act, 190S,,a.ve repealed. pkrs! -h, ^4

repealed.

(3) Sections lOa and 109 of The Puhlic Health Act SireTuH'^^- ii mended by striking out the words "or milk" where they ^^^^j^*',!^' '^'^ ocx:^iir in the said swtions and inserting the word "or" before

the word immediately preceding the words so struck out.

(4) The clause num'bered 10 of the form of by-law in Rev. stat. Schedule B of The Public Health Act is repealed and the said schedule n clause .shall not apply to any municipality. amended.

(.")) Section 4 of The Act respecting the Slaughtering of ^^v. stat. Cattle and the Inspection, of Meat and MilJr Supplies o/ repealed.

Pilirs tiiul To^rns; Is rr'])('!Tled.

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BILL

An Act respecting the Production and Sale of Milk for Human Consumption.

HIS MAJESTY, by and witli thfe advice and consent of tlie Legislative Assembly of the Province of Ontario, enacts as follows: — '

1. This Act may be cited as The Ontario Milk Act. short tiue.

2..^=Iii this Act "Municipality" shall not include aJfon^-M-

County. '^'^Il cipality."

3. The Council of every municipality, other than a County, By-iaws is hereby authorized to pass by-laws for regulating milk pro-mUk pro- duced for sale, offered for sale or sold within such munici-saie. pality as to

(a) The care of cows producing milk for sale for domestic consumption;

(&) The cleanliness, ventilation and sanitary conditions of the places in which cows are kept or milked . or in which milk is stored;

(c) The water supplied to cows;

{d) The care and cleansing, construction and type of all utensils used in handling milk, whether by pro- ducers, carriers or vendors;

(e) The care, storage, transportation and distribution of milk by producers, carriers or vendors;

(/) The making of bacteriological tests for the purpose of ascertaining the wholesomeness of milk offered for sale by any producer, carrier or vendor ; a7\d

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(g) Such other matters regarding the production, care, transportation or sale of milk as the Council may consider necessary;

Approval of ^^^ upon such regulations "being approved in writing by regulations, the Minister of Agriculture, the same shall apply to all milk produced for sale, offered, for sale or sold within such muni- cipality.

By-laws ~' — (1) The Council of every municipality is hereby

the^g^anf- authorized to enact by-laws regulating the granting of ing of licenses to producers and to vendors to sell milk, and shall

have power to refuse or cancel such licenses.

licenses.

Not to be (2) No person shall sell milk in any municipality where

a°ucense.°"*^ siich by-law9 are in force without first o'btaining a license therefor.

By-laws fixing standards of butter- fat and solids.

5 — d) The Council of every municipalitv is herehv authorized to enact bv-laws fixinar tho standard for bntfor fat and total solids of milk sold in such municipality, hut no milk shall he sold for human consumption which contains less than twelve per cent, of solids, of which three per cent, shall be butter fat.

Preserva- tives, etc., not to b© used.

(2) "N'o T>erson shall place any preservative in milk in- tended for human consumption, or sell or offer for sale to any vendor milk from which any part of the hutter fat has heen removed, or to which wat^r has been added, or Which has otherwise been changed from its nonnal condition, with- out previously giving notice in virritine of such change to snch vendor ; and no vendor of milk shall sell or offer for sale milk not complying vnth the standard, or from which butter fat has been removed, or to which water has been added, or which has received special treatment causing it to differ from normal milk, without clearlv and distinctlv advertising the same in the manner demanded by t^e regulations of the municipality in which it is sold.

Appoint- ment of nnunicipal inspectors.

6 — (1) The Council of every raunicipnlitv is authorized to appoint an inspector or inspectors for the enforcement of this Act and any resrulations enacted hereunder, and each such inspector f^hall have power to prohibit the sale of milk .B^^'for consumption within the municipalitv for which he is inspector,*'^! which in his iudsrment is produced or ^handled contrary to the provision's of this Act or any regula- tions made hereunder.

ISS

8

(2) Every such inspector shall have the right to inspect the ^° plexors' premises of every vendor licensed to sell milk within the municipality for which he is inspector, to see that the re- quirements of this Act and the regulations enacted here- under are fully complied with, and to take samples of milk

for examination and testing.

(3) Every such inspector shall have the right of entrance Right to

to the premises no matter where located, of every person I^^J,^^^^®^, producing milk for sale or consumption within the municipal- ity for which he is inspector, of fully inspecting the same, and of taking for examination and having tested samples of milk produced therein and of the water supplied to cows or used in cleansing dairy utensils.

(4) Every such inspector shall have the right to inspect inspecting and to take samples of milk for sale or consumption within gampies^"n the municipality for which he is inspector while in transit, *''^"^^'- and shall have the right of entrance to any premises in order

to procure samples of such milk.

(5) The result of all said tests shall he open to public Publication inspection at all reasonable times and may be published by°^ *®®*^' the Medical Health Officer of the municipality if he so desires.

7. ISTo milk shall be sold from any cow which, upon physical MUk from examination by a duly qualified veterinary surgeon, shall be cows, declared to be suffering from tuberculosis of the

udder or milk glands, or whose milk, upon bacter- iological or microscopical analysis, is shown to con- tain tubercle bacilli, or which is known to be suf- fering from splenic fever or anthrax, or any other general or local disease which is liable to render milk from such cow a menace to the public health. Where any doubt arises as to any cow being affected with any of the diseases above mentioned, it shall be the duty of the inspector to notify the owner that the milk of such cow must not be sold or offered for sale until a permit so to do' has been granted by the Board of Health of the municipality in which such milk is being consumed; and upon such notice being given, no milk from such cow shall be sold until said permit has been granted.

8. No person suffering from or who has knowingly within ^^1^°^^

a time prescribed by the regulations of the Provincial Board from dis- of Health been exposed to diphtheria, scarlet fever, typhoid be*e^mpioye(i fever, erysipelas, smallpox, anthrax or venereal dis- ease or any infectious skin disease shall work or assist in the production, transportation or vending

182

Cans, bot- tles, etc., not to be used for any other purpose, and to be cleansed.

Municipal

Milk

depots.

Conditions.

of milk, and no proprietor, manager or superintend- ent of any dairy or dairy farm shall knowingly permit any person suffering or exposed as aforesaid, to work or assist in the production, transportation or vending of milk; and the sale of milk produced or handled under such circum- stances may be forthwith prohihited by the inspector.

9. No cans, bottles or other utensils used in the distribu- tion of milk shall be used for any other purpose whatsoever, and all such cans, bottles and other utensils must be thorough- ly cleansed before again being used.

10. The Council of every municipality is authorized to establish and maintain or assist hy a/nnual grant or otherwise in the establishment and maintenance of Milk Depots in order to furnish a special supply of milk to infants.

1

•'Srt^fled"''** 11- It shall be unlawful to apply the term "certij&ed" to any milk which does not comply with the following standard :

i (a) It shall be taken from cows semi-annually sub- jected to the tuberculin test and found without reaction ;

(&) It shall contain not more than 10,000 'bacteria per cubic centimetre from June to September, both inclusive, and not more than 5,000 bacteria per cubic centimetre from October to May, both inclusive ;

(c) It shall be free from blood, pus, or disease-produc- ing organisms;

{d) It shall be free from disagreeable odour or taste;

(e) It shall have undergone no pasteurization or sterili- zation, and be free from dhemical preservatives ;

(/) It shall be cooled to 45 degrees Fahrenheit or under within half an hour after milking, and kept at that temperature until delivered to the con- sumer ;

(gf) It shall contain twelve to thirteen per cent, of milk solids, of which at least three and one-half per cent, is butter fat;

Qi) It shall be from a farm the herd of which is inspected monthly by the veterinarian, and the employees of which are examined monthly by a physician ;

132

Provided that no milk shall be sold as "certified" until aP'"^^*^®- certificate setting forth that the above conditions have been complied with is obtained from time to time from the Medical Health Officer of the municipality in which it is to be con- sumed or from an incorporated society of medical prac- titioners.

12. It shall not be lawful to apply the word "pasteur- use of word ized'' to any milk unless all portions have been subjected j'^g^^*®"''" for at least twenty and not more than thirty minutes to a temperature of not less than 140 and not more than 150 degrees Fahrenheit and then at once cooled to 45 degrees Fahrenheit or under and kept at that temperature until de- livered to the consumer, and the process of pasteurization shall be subject to inspection by tiie local Medical Health Officer or such inspector as he may designate; provided pj.^^jgjj always that all such milk shall in all other respects be subject to all the terms and conditions of this Act. This section shall not come into force until July 1, 1911.

13 — (1) Any person violating any of the provisions of penalty, this Act or of any By-law or regulation passed hereunder shall incur a penalty of not less than $1 nor more than $50.

(2) U^^The Ontario Summary Convictions Act shall Application apply to every conviction under this Act.'^^S vil,^ c!^iT.'

14 — (1) Paragraphs 1, 2 and 2a of Section 550 of The sEdw.vn. Consolidated Municipal Act, 1903, as amended by Section 23 pais, i.'irh of The Municipal Amendment Act, 1905, are amended by ^'"®"*^®'^' striking out the word "milk" where it occurs in the said paragraphs.

(2) Paragraph 23, l^^as enacted by section 22 of The SEdw.vii. Municipal Amendment Act, 1910, and Paragraph "^^ 24 pars! ^23^,^ 24 of Section 583 of The Consolidated Municipal Act, 1903, are '•epeaied- repealed.

(3) Sections 108 and 109 of The Public Health Act are Rev. stat. amende'd by striking out the words "or milk" where theysg.^^os, 109 occur in the said sections and inserting the word "or" before amended, the word immediately preceding the words so struck out.

(4) The clause numbered 10 of the form of by-law in Rev. stat. Schedule B of The Public Health Act is repealed and the said schedule b clause shall not apply to any municipality. amended.

(5) Section 4 of The Act respecting the Slaughtering o/Rev. stat Cattle and the Inspection of Meat and Milk Supplies 0/ repealed. Cities and Towns is repealled.

132

6

8 Edw. VII., (!. 3, not to apply to milk for liuman con- sumption.

15. J^^Notwilli-laiidiiig anything contained in The Milk, Cheese and Butte?' Act, being chapter 53 of the Acts passed in the 8th year of the reign of His late Majesty King Edward the VII., nothing in the said Act shall apply to milk pro- duced, offered for sale, or sold, for human coiisum])tion; and the provisions of the said Act, so far as they relate to such milk, but to that extent only, are repealed and the said Act shall apply exclusively to milk and cream to be used in the manufacture of cheese and butter.*^"^^

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No. 133. 1911

BILL

An Act respecting the Ontario and Minnesota Power

Company.

WHEREAS The Ontario and Minnesota Power Com-P^e^"^^^^- pany, Limited, did on the 2nd day of June, 1910, enter into an agreement with His Majesty the King, repre- sented therein by the Honourable the ^Tini^Jter of Lands, Forests and Mines, in the said agrecnicni icfciic!! lo as "the Government," which agreement is set" forth in the Schedule to this Act,

And whereas in the said agreement it was provided that the said Ontario and Minnesota Power Conipany, Limited, irrevocably and without power of revocation, requested the Government to obtain at the next ensuing Session of the Legislature an Act to ratify and confirm the said agreement and making the terms thereof binding upon the parties thereto, and providing also for the issuing of a perpetual in- junction order in the event of ;i hicncli of the Order in Coun- cil referred to in said agreement, or of any of the terms of the said agreement.

And whereas it is cxiicdiont that nn Ad he ]i;i<>(m! \'nv such purpose,

Therefore His Majc^ly, hv an<l with the iKh'icc ;ii:d eon- sent of the Legislative Assembly ol' the Pi-oviiicc of Onhirio. enacts as follows:

1. The agreement set out in the Schedule hereto is^^^'^l^i^ul^e ratified and confirmed and declared legal and valid forontario all pury)oses from the date thereof, and the ])arties theretonesota are authorized and em])owered to do any and all acts Limited, necessary to carry out and give full effect to the said agree- ^"^^*^® ment in all respects, and in the event of a breach of the Order confirmed in Council referred to in the said agreement, or of any of the terms of the s^id agreement, it shall be lawful for the 133

High Court of Justice or a Judge thereof imraediate'Iy to issue a perpetual injunction restraining the said The Ontario and Minnesota Power Company, Limited, from a further or continuing breach of the said agreement or of the said Order in Council or of either of them.

SCHEDULE.

This Indenture made in duplicate this second day of June, IWO, BiETWBBN

His Majesty the King, represented herein hy The Honourable the Minister of Lands, Forests and Mines for the Province of Ontario (hereinafter called the Government), of the first part;

— and —

The Ontario and Minnesota Power Company, Limited (here- inafter called the Company), of the second part.

Whereas, by an Act of the Ontario Legislature passed In the sdxth year of His late Majesty's reign and chaptered 132, it was amongst other things enacted that the Lieutenant-Governor in Council might, upon an application m?ide to him and on its appear- ing that there was not a reasonable prospect of the utilization within a reasonable time of power or electrical energy unemployed, though actually available for use on the Canadian side of the Rainy River at or near Fort Frances, make an Ord'er permitting the diversion of the whole or part of such power or electrical energy on such terms and conditions, including the time during which such diversion might continue as to the Lieutenant-Governor in Council might seem proper or expedient;

And whereas the dam, power house, generators, transmitters, machinery, appliances and connections necessary for the delivery by the Company of power or electrical energy for use on the Canadian side of the international boundary line and elsewhere have been erected and installed on the Canadian side thereof, as required hy section 2 of the said Act and by the agreement referred to In said Act dated the 9th day of .January, 1905, between His Majesty, of the first part, and Edward Wellington Backus of the City of Minneapolis, lumberman, and those associated with him, of the second part;

And wlhereas an application has been made by the Company to the Lieutenant-Governor in Council for an Order in Council, which the Company desire to be passed after the execution of this agree- ment (a copy of which proposed Order In Council Is attached hereto and marked "A"), temporarily permitting the diversion of such power to the United States in the quantities and upon the terms and conditions therein set forth;

And whereas it is of the utmost importance to the Government and the people of the Province that no power or electrical energy should be permitted to be diverted to the United States, except as provided in the said Order in Council, and that the said diversion should at once cease upon the request of the Government; and as there is no adequate means of ascertaining the precise damage which may result from a greater diversion of such power or elec- 133

8

trical energy otherwise than is so provided, or which may result from the Company continuing to divert when requested to cease, and the parties hereto have agreed to fix now the amount to be payable as damages without proof of any dajnage;

And whereas industries may be established on the Canadian side desirous of utilizing the power so intended to be diverted and such power should be fully available for them whenever required or desired, at a reasonable price;

And whereas the said Order in Council permitting the said Com- pany to divert power to the United iStates is to be passed, because there appears to be now on hand and available for use a quantity of electrical horse-power or energy in excess of what is required for use at present on the Canadian side, and it is explicitly under- stood between the parties hereto that the said Order is to be for a temporary purpose only, and the right to divert may be revoked at any time;

^ . J

This indenture witnesseth and it is hereby agreed by and between the Company and the Government as follows:

In the event of the Company disregarding or not complying with that part of the said Order in Council which forbids the diversion of power or electrical energy either wholly or in a larger or greater quantity than is from time to time specifically permitted, they shall pay forthwith to the Government as liquidated damages, and not as a penalty, the sum of $50,000 (fifty thousand dollars) and shall also pay the sum of $100 (one hundred dollars) per diem for every day on which such breach of the said Order in Council continues, and such sums shall" be recoverable by the Government from the Company as ascertained and liquidated damages and not by way of penalty, and it shall not be required in any action or upon any claim or demand hereunder to give evidence or proof of any actual damage.

It is further agreed by the parties hereto that the Company shall in the event of a breach of the said Order or of any of the terms of this agreement, consent to an Order from a Court or Judge of the High Court of Justice for an immediate perpetual injunction restraining them from a further or continuing breach of this agree- ment and the said Order in Council or either of them; the remedy by way of an injunction shall be in addition to the right of the Government to collect and receive the said sum of $50,0'0O (fifty thousand dollars) and $100 (one hundred dollars) per diem.

And it is further agreed that in addition to all other remedies the said Government may, upon a breach of the said Order in Council, or of any of the terms and conditions thereof, or of any of the terms of this agreement, on five days' written notice to the Company, or to its agent or employee in charge or in apparent charge of its plant at Fort Frances, Ontario, authorize the sheriff, or such other ofllcer as it may appoint, to enter upon the premises of the said Company and to take such measures and do such acts and use such force as shall be necessary to prevent all diversion of electric current to the United States, or to any part thereof.

And It is further agreed that the said Company does hereby Irrevocably and without power of revocation request the Government to obtain at the next ensuing Session of the Legislative Assembly for Ontario legislation to ratify and confirm this agreement, and make the terms thereof binding upon all the parties hereto, and providing also for the Issuing of a perpetual injunction order as litMHlubefore set forth. 133

And it Is further agreed by and between the parties hereto that no worlts, qr building, or plant which have been or which may hereafter be erected or installed by the Company on the American side shall be deemed, or by the Company be claimed to have been so erected or installed in consequence of anything in this agree- ment or in the said Order in Council.

It is further agreed that the price for power or electrical energy supplied or to be supplied to applicants for or users of power, or to prospective applicants or users by the Company on the Canadian side and the time within which, and the conditions on which the same shall be furnished for use and the methods of distribution thereof shall from time to time be fixed by the Hydro-Electric Power Commission of Ontario upon the application of any such ^user, applicant, prospective user or applicant, of the Town of Fort Frances, of the Township of Mclrving, or on the application of any municipality, person, firm or corporation interested; and the price, time, terms, conditions and methods may be so fixed by the said Com'mission at any time either before or after a request or demand for pow^er or electrical energy has been made u-pon the Company by any person, firm, corporation or municipality.

And it is further agreed that the power or electrical energy to be exported by the Company shall be measured by instruments in- stalled or to be installed by the Company and such instruments shall •be from time to time subject to the approval of the Government and subject to the inspection of the representative of the Government from time to time and at all times and the said representative may at all reasonable times test such instruments for the purpose of determining their accuracy, and in the event of the said instruments at any time proving inaccurate the Company shall at its own exipense have the said instruments put into proper working con- dition, or shall replace the said inaccurate instruments with new approved ones in proper working order.

And it is further agreed that the maximum amount of electrical power or energy to be temporarily diverted to the United States shall not at any time exceed the horse-power indicated in the said Order in Council or in the notice or notices from the Minister of Lands, Forests and Mines referred to in such Order, as determined by a curve drawing polyphase watt meter.

Provided that a temporary diversion of power in excess of the horse-power indicated in the said Order in Council or in the notice or notices in this clause referred to, for a time not exceeding fifteen minutes continuously and not occurring more than twice in any one period of twelve hours, shall not be deemed a breach of this clause.

And it is further agreed that the temporary diversion to the United States for twenty-four hours or less of power or electrical energy in excess of the amount authorized by the said Order in Council, due to accident or the negligence of the Company's ser- vants, shall not be deemed a breach of this agreement, and the burden of proof of such diversion being due to sucR accident or negligence shall be upon the Company.

And the said Company doth hereby covenant and agree with the Government that it will furnish a sufficient surety or sureties to the satisfaction of the Government before the Order in Council referred to herein is signed.

And it is further agreed that the term "Company" and the term "Government" herein shall extend to and include their and each of tlieir respective successors and assigns.

133

In witness whereof these presents have been duly executed under seal.

F. COCHRANE, (Seal.)

Minister of Lands, Forests and Mines

for the Province of Ontario.

Signed, sealed and delivered in the presence of

GLYN OSfL/ER, As to Execution by the Ontario and

Minnesota Power Company, Limited.

EDWARD BAYLY, As to Execution by the Minister of

Lands, Forests and Mines.

THE ONTARIO AND MINNESOTA POWER COMPANY, LIMITED.

By E. W. BACKUS, (Seal.)

Presiderd.

Copy of an Order-in'-Council approved by His Honour the Lieu- tenant-Governor, the 2nd day of .June, A.D. 1910.

Upon the recommendation of the Honourable the Minister of Lands, Forests and Mines, the Committee of Council advise that pursuant to the application of the Ontario & Minnesota Power Com- pany, Limited, made under Section 4 of the Act passed in the 6th year of the reign of His late Majesty and Chaptered 132, the said company having entered Into an agreement with His Majesty dated the 2nd day of June, 1910, a copy of which is submitted herewith, the siaid company be permitted to divert temporarily to the United States so much power or electrical energy not exceeding in all six thousand horse power (as determined by a curve drawing polyphase watt meter) as shall leave at least one thousand horse power con- stantly available and unemployed for use or in use on the Canadian side, said diversion of electrical energy to be permitted and to con- tinue only until tihe expiration of thirty days after the said com- Ijany has received notice in writing from the Minister of Lands, Forests and Mines to discontinue such diversion, or the said com- pany has received a notice or notices in writing from time to time from the said Minister to discontinue diverting siich quantity as shall be specified in such notice or notices.

Certified.

J. LONSDALE CAPREOL,

Clerk, Executive Council.

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'Ro. 134. 1911

BILL

An Act to amend The Assessment Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of On- tario, enacts as follows:

1. Paragraph 16 of section 5 of The Assessment Act iScff^gY** amended by inserting the words "boilers and engines "par. 'i 6, * between the words " including " and '* gas " in the fourth

-. cj cj Assessment

ime. of boilers

and engines.

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No. 135. 1911.

BILL

An Act to amend the Municipal Act

HIS MAJESTY, by and "witli the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. "No Municipal Corporation shall grant aid by way of Aid by way

bonus, prohibited.

(a) For the promotion of any manufacturing in- dustry; or

(h) !E\)r the promotion of iron or other smelting or refining works ; or

(c) For the promotion of a beet sugar factory ; or

(d) For promoting the establishment of rolling mills and iron works, or

(e) For promkiting the establishment of grain ele- vators.

2. In this Act "bonus" shall mean and include ^b*t „ ^

bonus to Includ*.

(a) A grant of money as a gift or a loan, either unconditionally or conditionally.

(h) The guaranteeing of the repayment of money loaned and interest.

(c) The gift of lands owned by the municipality or

i, the purchase of lands as a site for building and

'] works or as a means of access or for any other

^i purpose connected with the manufacturing in-

f , dustry to be aided or the leasing of lands either

l^ freely or at a nominal rental for any such pur-

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(d) The cbsing up or opesning, widening, paving or improving of any street, alley, lane, square, or other public place or the undertaking of any other public work or improvement which involves the expenditure of money by a corporation for the particular use or benefit of a manufacturing industry.

(e) The supplying of water, light or power by tihe municipal corporation either freely or at rates less than those charged to other persons and cor- porations in the municipality.

(/) Generally the doing, undertaking or suffering on the part of a municipal corporation of any act, matter or thing which involves or may thereafter involve the expenditure of money by a municipal corporation.

Certain

3 Edw. VII. 3. The following sections and parts of sections of The pealed.^ Consolidated Municipal Act, 1903, relating to bonuses pro- hibited by Section 1 are repealed, namely, Section 366a., Paragraph 12 of Section 591, and Sections 591a, 591&, 700, 700a, 700&, 700c and 701.

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1^0. 136. 1911.

BILL

An Act to amend The Ontario Kail way Act, 1906.

HIS ]y:AJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. Section 98 of The Ontario Bailvjay Act, 1906, is6Edw. vii. amenided by adding thereto the following subsections : amended!^

(8) Where the lines or tracks of any railway, the con- connection* struction or operation of which is authorized by the Legis- fj^^^®®° . lature of the Province of Ontario, are intersected by those of lines or a railway the construction or operation of which is authorized running by the Parliament of Canada, or in any case in which the or^n"o city, tracks or lines of any two such railways run through or into \°g^ und "" the same city, town or village, and it is desired by one of such Dom'inion companies or by any municipal corporation or other public ciai juriB- body, or any person or persons interested, that the lines or °^^°^ tracks of such railways should be connected, so as to admit of the safe and convenient transfer of engines and trains from the tracks or lines of one railway to those of another, and for the reasonable receiving, forwarding, delivery, and interswitching of traffic between the said railways, the follow- ing proceedings may be had and taken :

(a) Either of such companies, or any municipal cor- Appiicatiom poration or other public body, or any person orBo^a^**^ persons interested, may file with the Secretary of the Board, or with the Secretary of the Boai^ of Railway Commissioners for Canada, an ap- plication for an order that such connection should ^ be required to be made, together with evidence of

service of such application upon the railway company, or companies, interested or affected, and where the application is not made by the municipality upon the head of the municipal cor- poration within which ""^e proposed connection is situate. 136

Joint order of Boards.

(h) After the receipt of the said application, the Board, and the Board of Railway Commissioners for Canada, may, by joint session or confer- ence, in conformity with the practice to be estab- lished by them, hear and determine the said application, and may order that the lines and tracks of such railways shall be so connected at or near the point of intersection, or at or near such city, town or village, upon such terms and conditions and subject to such plans as they may deem proper. ,

Rules.

(c) The Chairman of the Board, and the Chairman of the Board of Railway Commissioners for Canada, may make rules of procedure and prac- tice covering the making of such applications and the hearing and disposition thereof, and may vary, alter or rescind the same from time to time.

Appoint- ment of joint Board.

(d) The Chairman of the Board, and the Chairman of the Board of Railway Commissioners for Can- ada, may from time to time assign or appoint from each Board the members comprising the joint Board that may be required to sit for the hearing and determining of such applications, as they arise.

Made orden rule of Exchequer Court.

(e) Any order aforesaid may be made a rule of the Exchequer Court of Canada, and shall be en- forced in like manner as any rule, order, or decree of such Court .

"Railway," ^- The word "railway" shall in the next preceding sub- meaning of. section include any steam or electric street railway or tram- way.

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No. 137. 1911.

BILL

An Act to amend the Registry Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : —

1. Section 80 of The Registry Act is amended by adding lo Edw. vu thereto the following subsections : amended. '

(20) Every plan of survey or subdivision of lands Pian of lying within five milee of the boundaries of a ^t miles city having a population of 50,000 or over, be-gQoooy °^ fore registration sihall be deposited with the Secretary of the Ontario Railway and Municipal Board.

(21) ISTotice of such deposit shall be given in writing Notice of

to the Clerk of the city and a copy of the plan SXSl ^"^ shall be delivered to him with such notice. ^nd^mmi-

cipal Board.

(22) If the corporation of the city desires to object to objections

the plan, the objections shall be stated in writing corpora- and filed with the Secretary of the Board within *'«"• thirty days after delivery of the notice and plan to the clerk.

(23) If no objection is made within said period by the where no city, the Secretary of the Board shall endorse ^ide."*"^ upon the plan a statement to that effect and sign the same, and the plan may thereupon be registered.

(24) The grounds upon which the city may object to Grounds the plan are: objection.

137

2

(a) That the location, direction and width of any street or the size and shape of any lot shewn upon the plan are objectionable in view of the probable extension of the limits of the city and the desirability of securing adequate and connected thoroughfares and highways, and

(h) Generally grounds connected with the sub- ject of city planning having regard to the growth of the city, convenience of the inhabi- tants and the due and convenient operation of public services therein.

Board may (25) In case objections are made by the city within

alteration thir'ty days, the Board, after hearing the city

°' ^^^^' and the person depositing the plan, may direct

that the same shall be modified or altered so as

to remove the cause for such objection.

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of's^ard (^^) "^^^ P^^^ ^^ approved by the Board, either with or

to be without alteration, shall be endorsed by the

®^ °"® * Secretary with a statement that the plan is

approved, or is approved as amended, and may

thereupon be registered.

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No. 138. 1911.

BILL

An Act to amend The Municipal Act

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows :

1. Section 348 of The Cmsolidated Municipal Act, 1903,l^^-J^}^ is repealed and the following substituted therefor: repealed.

348. — (1) In the case of municipalities which ^^^2eli\e^\o divided into wards or polling subdivisions, the deputy clerk of the municipality shall, before the poll is officer opened, prepare and deliver to the Deputy Re- turning Officer for every ward or polling sub- division a voters' list, printed or written, or partly printed and partly written, containing the names, arranged alphabetically, of all freeholder? appearing by the last revised voters' list to be en- titled to vote in that ward or polling subdivision and of all leaseholders whose names appear on that part of such last revised voters' list relating to the ward or subdivision and who have "filed certificates as provided by sub-section 1 of sec- tion 354, and ho shall certify such list to be correct.

(2) If it appears to the Clerk of the Municipality Power^to^^^ that the name of any freeholder who is rated on a certificate the last revised assessment roll for sufficient real person to property to entitle him to vote or of any lease- name^hkT^ holder who is so rated and who has filed a ceT-^^^^°'^'Jl^^^\ tificate as provided by sub-section 1 of section i^st- 354 has been inadvertently omitted from such last revised voters' list, the Clerk at the request of such freeholder or leaseholder shall give him a certificate setting forth that fact and the real pro- perty in respect of which he is rated, and such freeholder or leaseholder upon delivering such certificate to and leaving the same with the Deputy Returning Officer shall be entitled to vote. 138

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'No. 139. 1911

BILL

An Act to amend The Municipal Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of On- tario, enacts as follows: —

1. Section 664 of The Consolidated Municipal Act, lOOS^l^^-^^^Yi is amended by adding the following as paragraph 3a: — amended

3a. In the case of a city or town for constructing, ingd'ykes" on petition only, retaining walls, dykes or^afis!^as breakwaters along the banks of rivers, and forJjOj,cai^^-^g issuing debentures to meet the cost thereof, pay- able within twenty years from the date of issue.

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No. 140.

BILL

1911.

An Act respecting Coroners and Coroners* Inquests

Short Title, s. 1. Intebpbetation, s. 2.

PART I.

Appointment of Coronebs Genee-

AXLY, s. 3. Special Provision fob Toronto, s. 4. Appointment of Chief Coroner,

s. 4 (1). Associate Coroners, (2). Provision for County of York,

(3). Salary of Cliief Coroner, (4). Notice of appointment, s. 5.

PART II.

Disqualification of Coroner, s.

6. Duty op Coroner on Informa- tion of Death, ss. 7-10. When coroker to hold enquiry,

s. 7. When inquest to be held, s. 8. Warrant for burial, s. 9. Fees of coroner, where no in- quest held, s. 10. When Inquest Compulsory, ss. 11-13. Accidents on railways, s. 11. Death in house of refuge, etc.,

s. 12. Death of prisoner, s. 13. Powers and Duties of Crown Attorney, or Counsbx fob Attorney-General, s. 14.

Medical Witnesses and Post- mortem, ss. 16, 16. Ordering post-mortem, s. 15. Calling medical attendant of deceased, s. 16. Jury, ss. 17-21.

Payment of Expenses, ss. 22, 23. Annual Returns, s. 24. Fees of Coeonebs, e. 25.

PART III.

Investigation of Fibes, ss. 26-31. Material on which coroner to

act, s. 26. Fees of coroner, s. 27. Payment of expenses, ss. 28, 29. Who to be parties, s. 30. Disqualifications, s. 31.

PART IV. Peovincial Cobonees, s, 32.

PART V.

Genebal Provisions, ss. 33-41. Application of Part V., s. 33.

Witnesses and evidence, ss. 34, 35.

Interpreters, s. 36.

Penalty on juror for non-atten- dance, s. 37.

Recovery of fines, s. 38.

Return of inquisition, s. 39.

Court room for Inquest, s. 40.

Forms, s. 41.

Repeal, s. 42.

If IS MAJESTY, bv nnd with the advice and consent of

* the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. This Act may be cited as The Coroners Act (New.) '^''•^ ""• 2.' In this Act, " Coroner " shall include Associate Cor- SfJi?'"*

OJier. "Coroner.'

140

PART I.

APFOIlSrTMENT OF CORONERS

GENERALLY.

Appointxnmi 3, (1) The Lieutenant-Governor in Council may appoint em venvrw one or more Coroners for the whole or any part of every ^" county, city,, town, provisional judicial district and provi-

sional county. See R.S.O., 1897, c. 97, 8. 1 (1).

Not to apply (2) This section shall not apply to the City of Toronto.

in Toronto. * m-r -v

(New.)

SPECIAL PKOVISIOBT AS TO THE CITY OF TOEOl^TO.

Appoint- ment for Toronto.

4. — (1) The Lieutenant-Governor in Council may appoint a Coroner, to be called the Chief Coroner, and such number of Associate Coroners as may be deemed proper, for the City of Toronto.

AsBociftt* (2) An Associate Coroner, subject to such regulations as

Toronto. the Lieutenant-Governor in Council may prescribe, shall per- form all the duties and exercise all the powers of a Coroner.

Coroner* ana (3) Except the Chief Coroner, every Coroner and Asso- coroners for ciate Coroner, appointed for the County of York, including associate the City of Toronto, shall have, exercise and perform within Torom" '** the City of Toronto only such powers and duties as are assigned by the regulations to an Associate Coroner.

Salary ot coroner for Toronta

(4) The Chief Coroner shall be paid in lieu of all fees by the Corporation of the City half-yearly, such salary not ex- ceeding $1,500 per annum, as may be fixed by the Lieutenant- Governor in Council, and the Corporation shall be reimbursed out of the Consolidated Revenue Fund to the extent of one- half such salary. (See 3 Edw .VII., c. 7, s. 22, part.)

rroTiCE or appointment.

to*be'fli«flL"* ^' ^ ^^Py ®^ the Order in Council appointing a Coroner shall be sent to the Clerk of the Peace of the County or Dis- trict in which the Coroner is to act, and shall be filed by him in his office. (See The Coroners Act, 1887 (Imp.), e.

71, i. 12 (,$).) 140

8

PART TT. rN"QUEST OK DEATH.

DISQUALIFICATIOIT OF COSONEB.

6. A Coroner shall not conduct an inquest upon the body ^°^"*in JJ?. of any person whose death has been caused at or on a rail- ^jj^j.^*'^^^^ way, mine or other work, whereof he is the owner or part eiud. owner, or which is owned or operated hy a company in which he is a shareholder, or in respect of which he is employed as medical attendant or in any other capacity by the owner thereof, or under any agreement or understanding direct or indirect, with the employees at or on such work. R.S.O., 1897, c. 97, 8. 7.

DTJTT OF CO«OITEB OUT INFORMATION" OF DEATH.

7. — (1) Where a Coroner is informed that there is within ^*° ,^„*i]|^ his jurisdiction the body of a deceased person, and that there ^ de»t5!*** is reason to believe that the deceased died from violence or by unfair means, or in consequence of culpable or negligent conduct of others, or under such circumstances as require investigation, he shall issue his warrant to take possession of the body, Form 1, and shall view the body and make such further enquiry as may be required to satisfy himself whether or not an inquest is necessary. (See R.S.O., c. 97, s. 2.)

(2) After the issue of such warrant, no other Coroner shall coroner issue a warrant or interfere in the case except under the *° interfere, instructions of the Attorney-General or the Crown Attorney. New.

8. If, after making such enquiry, the Coroner deems it^^eems^^ necessary that an inquest should be held, he shall issue his ^^^ i»«ce«- warrant, Form 2, for the holding of an inquest, and shall forthwith transmit to the Crown Attorney a statutory de- claration, Form 3, setting forth briefly the result of such enquiry, and the grounds upon which he deems it necessary that an inquest should be held. (See R.S.O., c. 97, s. 6 (1).)

0. If, after viewing the body and making such enquiry, ^*J]i^*"t *«" the Coroner deems an inquest unnecessary, he shall issue his where coro». warrant, Form 4, to bury the body, and shall forthwith que^t uaa**- transmit to the Crown Attorney a statutory declaration, *"*''^' Form 5, setting forth briefly the result of such enquiry and the grounds on which the warrant has been issued. (See RS.O.. c. 97, 8. 6 (1).)

140

Crown not bound by action of coroner.

(2) Notwithstanding such declaration, the Attorney-Gen- eral or the Crown Attorney may direct the Coroner making the same, or some other Coroner having jurisdiction, to hold an inquest upon the body, and the Coroner to whom such direc- tion is given shall forthwith issue his warrant for an inquest and hold the same accordingly. New.

Fee* o« 10. If the Coroner declares an inqupst to be unnecessary

when inqnem and an inquest is not held by him, he shall be entitled for his ^°^ * services to a fee of five dollars and mileage at the rate of 20

cents per mile for every mile necessarily travelled by him, and such fee and mileage shall be paid in the same manner and upon the same conditions as the fees of a Coroner in a case in which an inquest is held. (See R.S.O., c. 97, s. 6 (3).)

WHEISr IWQITEST COMPTJI.SOBT.

Accfflent* on H, Where the death of any person appears to have been and street caused in the construction or operation of any railway, street

railways . . . </ •/ 7^

operated on railway or electric railway, the Crown Attorney, subject to ways.*'^ ^ the provisions of section 6, shall direct a Coroner having jurisdiction in the locality to hold an inquest upon the body of the person so dying, and the Coroner shall issue his war- rant and hold an inquest accordingly. (See 3 Edw. VII., c. 7, s. 22, part.)

county hoviB* ^^' — (^^ Where an inmate of a house of refuge or S«„^'"?®«°' house of industry dies, the superintendent, or other oflRcer

in charge, shall immediately give notice of such death to the

Crown Attorney.

house of In dustry,

Crown *At. (^) ^^ receipt of such notice the Crown Attorney shall

tomey for enquire into the facts, and if, as a result of such enquiry, he

, js Qf opinion that such death took place under circumstances

requiring an investigation, he shall direct a Coroner having jurisdiction to hold an inquest upon the body of the deceased person, and the Coroner shall issue his warrant, Form 2, and hold an inquest accordingly. (See R.S.O., 1897, c. 97,

L

nU

Death of prisoner.

3.)

13. Where a prisoner in a gaol, prison, house of correc- tion, reformatory or lock-up dies, the warden, gaoler, keeper or superintendent thereof shall immediately give notice of such death to a Coroner having jurisdiction in the county, city or town in which such death takes place, and the Coroner shall issue his warrant. Form 2, and hold an inquest upon tie body. (See RS.O., 1897, c. 97, s. 3.) 140

POWERS AUB DUTIES OF CROWTST ATTOENEY OE COUNSEL FOB ATTOENEY-GENEEAL.

14, — (1) Every Coroner, before holding an inquest, shall given to notify the Crown Attorney of the time and place of holding fomey. '*'** the same, and the Crown Attorney may, and if directed by the Attorney-General shall, attend the inquest, and may examine or cross-examine the witnesses thereat, and the Coroner shall summon such witnesses as the Crown Attorney

directs. R.S.O., 1897, c. 97, s. 5.

•

(2) The Attorney-General rtiay be represented by Counsel serfor a°^ at any inquest, and suet Counsel shall have the same powers e?a?^^ ^*°' as the Crown Attorney has under subsection 1. (New.)

MEDICAL WITNESSES AND POST-MORTEM.

15.— (1) The Coroner may at any time before the ter- ^j;^t^T^«.. mination of the inquest, by his warrant, Form 6, direct a*^"*- post mortem examination to be made by a medical practitioner with or without an analysis of the contents of the stomach and intestines.

(2) A -post mortem examination shall not be made without ^nt^of^°°* the consent in writing of the Crown Attorney unless an in- ^^°^^ ^' quest is actually held. (See R.S.O., 1897, c. 97, s. 12.) J^*^,;"^^*""*

(3) Every medical practitioner making a post mortem ^^^'^^^ °^ examination shall make a report thereon in writing upon Rviortem. form approved by the Lieutenant-Governor in Council, which

shall be supplied by thie Coroner. New.

(4) No fees shall be paid to a medical practitioner for a f^^^^ pa\d post mortem, examination unless such report is made and con- unless re-

. , . 1 ■ 1 ^ 1 r • p -1 port made.

tains the particulars required by the form or satisfactorily accounts for their absence. Nev).

16.— (1) The Coroner may issue his warrant, Form 6,^{"X™d.***' for the attendance before him or at the inquest of the legally ^"^ of de- qualified medical practitioner, if any, who attended the deceased at his death, or during hiis last illness, or of any other legally qualified medical practitioner in or near the place where the death occurred, but be shall not without the consent of the Crown Attorney order the attendance of more than one medical practitioner. (See R.S.O., c. 97, S9. 11, 12; The Coroners Act (Imp.), c. 71, s. 21 (^1).) 140

Fees of me^ cal wltnewi.

When pott mortem In held.

(2) A legally qualified medical practitioner shall be en- titled for each attendance in obediencp to any such order to $5 and mileage at the rate of twenty cents per mile for every mile necessarily travelled, and for a post mortem examina- tion without an analysis of the contents of the stomach or intestines he shall be entitled to a fee of $15, and if with such analysis to an additional fee of $25.

Proving mlle&s*.

(3) The number of miles so travelled shall be proved by the statutory declaration of the medical practitioner. (See R.S.O., 1897, c. 97, a. 14.)

JUET.

jurprs^to°b« ^'^- — (1) The number of jurymen to be summoned to summoned, serve on an inquest shall be not less than seven nor more than twelve.

Inquisition. (2) An inquisitiou may be found by a majority being not less than seven in number of the jurors sworn. New.

may be ^^- Where an inquest is held in a Provisional Judicial

<ii|'pe'?sed District the Coroner may, with the consent of the Crown Districts. Attorney, hold the inquest without a jury. New.

of ^juror**" ■^^- ^ person shall not be qualified to serve as a juror unless he is named in the voters' list of the municipality and marked therein as qualified to serve as a juror. (See R.S.O., 1897, c. 97, s. 8.)

DlsquaJl- flcation.

Fees of juror*.

Order ot coroner for payment

20. An ofiicer, employee or inmate of a house of refuge, house of industry, hospital, asylum, or charitable institution, gaol, prison, house of correction, reformatory or lock-up, shall not be qualified to serve as a juror at an inquest upon the body of any person whose death occurred therein. (New.)

21. — (1) Every juror serving at an inquest shall be entitled to $1 for every day upon which such inquest is held and is continued for not more than four hours, and where the time occupied by an inquest on any day exceeds four hours, one dollar in addition for each such day and mileage at the rate of ten cents per mile for each mile necessarily trav- elled from his place of residence to the place where the inquest is held. (See R.S.O., 1897, c. 97, s. 16 (1). Amended.)

(2) Subject to the provisions of section 23. the amount

to be paid to jurors shall be certified by the Coroner, who

shall make his order for payment thereof. R.S.O., 1897,

c. 97, s. 18 (2), part. 140

PAYMENT OP EXPENSES.

22. The Coroner shall give to every person entitled to ^^^ esl*^ °* fees, mileage or other expenses in connection with an inquest, an order on the treasurer of the county, or of the city or separated town in which an inquest is held, for the payment thereof, and upon presentation of the order the treasurer shall pay the amount named therein. (New.)

EXPENSES OF INQUEST WHEN CAUSE OF DEATH TAXES PLAC« OUTSIDE CITY OE TOWN.

23. — (1) Where an inquest is held upon the hody of a per- p«ym«rt mt :?on who has died in a county, city or separated town and the certain in- jury find that the cause of death did not arise within such city" or mp- county, city or town, the Coroner shall make an order for the *™**^ ***''^ payment of the fees and expenses in connection with such in- quest on the treasurer of the county, city or town in which the inquest is held, who shall thereupon pay the same; and the amount so paid, shall on demand be repaid by the treasurer of the county, city or separated town in which the matter causing the death is found to have arisen or taken place.

(2) In this section " county " shall not include a city or a town separated from a county for municipal purposes. 4 Edw. VII., c. 10, s. 78.

ANNUAL EETUENS.

24. — (1) Every Coroner shall on or before the 15th day of ^ttoraey^ January in each year make a return to the Attomey-Greneral G«n«rmi- for the year ending on the 31st day of December next preced- ing, containing

(a) Every case in which after investigation by him an inquest was deemed unnecessary, and

(5) Every case in which an inquest was held by him, with the findings of the jury thereon.

(2) The return shall as far as possible show the name, place j^^eturn" of residence and occupation of the deceased, the place of death, and the cause of death as found by the coroner on such investigation, or by the jury at the inquest. (See Il.S.0., 1897, c. 97, 8. 19.)

(3) The return shall be in the form prescribed by the fg^tuni.^' Lieutenant-Governor in Council which shall be furnished to

all coroners. New.

UO

FEES OF OOEONEES.

Coroner's fees.

25. — (1) The fees and expenses to be allowed and paid to a coroner holding an inquest upon a death shall be those set forth in schedule "A" and shall be payable in the first in- stance by the city or county and the city or county shall be recouped for the same out of the (Consolidated Revenue Fund.

lOBdw.vii. (^2) The tariff of fees under the heading of "Coroners/' schedule the items therein being numbered from 1 to 8, in Schedule

'' A " to The Administration of Justice Expenses Act, is

repealed.

(3) The list of charges payable out of the Consolidated Revenue Fund under the heading of " Coroners " in Schedule " C " to the said Act is repealed. New.

PART Hi.

INVESTIGATION" OF FIRES.

ON REQUISITION OF INSURANCE COMPANY OR MUNICIPAL COUNCIL.

u^^o^n'w^kjh ^^' ^lisre a Coroner within whose jurisdiction a fire has coronar occurred, whereby any building, or any moveable property, has been wholly or in part consumed or damaged, receives

(a) A requisition in writing signed by the agent of an insurance company setting forth the facts as far as known, and stating that there is reason to believe that the fire was the result of culpable or negligent conduct or design, or occurred under such circumstances as in the interests of justice and for the due protection of property require in- vestigation ; and requiring the coroner to hold an inquiry into the cause and origin of the fire; together with a statutory declaration that the statements made in the requisition are true to the knowledge of the person making the declaration ; or

(&)

A resolution passed by the council of the city, town, village or township in which the fire took place, that there are strong special and public reasons why an investigation should be held into the cause and origin of the fire and stating such reasons, and

140

(c) An undertaking on the part of the insurance com- pany or council to pay the expenses of the in- quiry,

he may in his discretion issue his warrant for summoning not ■OPS than 7 nor more than 12 of the househo]<lers resident in the vicinity of the fire to hear the evidence that may be ad- duced concerning the same and to render a verdict under oath according to the facts, or he mav hold the inquest without a jury. (SeeE.S.O. 1897, c. 275, ss. 1-3.)

FEES OF COKONEB.

27. Where an inquest is held by a Coroner in respect oi^^^^^* a fire, the Coroner shall be entitled to the sum of $10, anrl should the enquiry extend beyond one day, then to $10 per diem for each of two days thereafter and no more. R.S-0. 1897, c. 275, s. 7. Amended.

PAYMENT OF EXPENSES.

28. The insurance companv or municipal council requir- t'arty re

' QuiriniT It to

ing the inquest shall alone be responsible for the expenses of pay costs, and attending the same, and the fees, mileage and other charges shall be certified by the Coroner, who shall give his order in writing upon the company or the treasurer of the municipality, as the case may be, for payment thereof to the persons entitled thereto, and the same shall be payable accordingly. R.S.O. 1897, c. 275, s. 8. Amended.

29. The expenses consequent upon an adiournmont of an in whatcasr

onlv costs

inquest shall not be chargeable against or payable bv the of adjourn

• • 1 •i • • ' J.V. • ' A* ment shall

insurance company or municipaJ council requiring the investi- be allowed gation unless the Coroner has certified, under his hand, why and for what purpose in his opinion an adjournment took place or became necessary. R.S.O. 1897, c. 275, s. 10.

WHO TO BE PARTIES TO INVESTIGATION.

30. — (1) A director or officer of any fire insurance com- who to t)^ pany intrrested, or the assured, or any person claiming under "*""*'•■ a policy of insurance, or any person prejudicially affected by any of the evidence adduced may attend personally or by counsel any investigation held under this Part as party thereto and may, with the Coroner's consent, examine, cross- examine or re-examine witnesses, as the case may be. K.S.O 1897, c. 275, s. 12.

(2) The Coroner shall summon such witnesses as he mav Summonm*;

VV ( I T\ fk M 42 p ■

deem necessary and as may be required by any party to the investi p'atioii. New- 140

I

10

Disqualifl- cation of coroner for interest.

DISQUALIFICATIONS.

31. A Coroner who is a director or officer of tlio insurance company, or who is interested in any way, shall not hold an investigation under this Part, nor shall any such director or officer or any other interested person act for the Coroner as clerk reporter or otherwise in taking down or recording the depositions or evidence. R.S.O. 1897, c. 275, s. 13.

PART IV.

PROVIITCIAL CGROlSrERS.

Appoint- ment lOf provincial coroners to hold Are Investlga- tlona.

Inquests by

provlncliJ

coroner.

Assent of Attorney- General or crown attorney required.

expenses of investi- gation.

32. — (l)The Lieutenant-Governor in Council may appoint

Provincial Coroners, each of whom shall he by virtue of his

appointment a Coroner for every county, provisional

county and provisional judicial district for the purpose of

(a) holding fire inquests,

(&) holding investigations in cases of maiming or suspected poisoning of horses, cattle and other domestic animals, and (c) holding an investigation in any case in which there is in his opinion reason to believe that pro- perty has been destroyed or damaged by the wilful or malicious use of explosives.

(2) Except where otherwise expressly provided, a Pro- vincial Coroner when holding an inquest or investigation shall have all the powers of a Coroner.

(3) Where a fire has occurred whereby any building or any moveable property has been wholly or in part consumed or damaged, and it appears to a Provincial Coroner that there is reason to believe that the fire was the result of culpable or negligent conduct or design, or occurred under such circum- stances as require investigation, he may hold an inquest as to the cause or origin of the fire, and may summon a jury for that purpose as provided by section 16, or may dispense with a jury as he may deem expedient.

(4) A Provincial Coroner may hold an inquest or investi- gation without or upon the like requisition as in th« case of a Coroner acting under Part III, but he shall not enter upon any inquest or investigation without the consent of the Attorney-General or the Crown Attorney.

(5) Where a Provincial Coroner acts upon the requisition of an agent of an insurance company, or upon the resolution of a municipal council, the expenses of and incidental to the investigation shall be borne and paid in the same manner

140

11

io in the case of an inquiry bj a Coroner, and in other cases such expenses shall be borne and paid in the same manner as in the case of an inquest upon the body of a deceased person. New. See K.S.O. 1897, c. 275, s. 113 ; 7 Edw. VII. c. 23, ss. 10, 11.

PAET V. GENERAL PROVISIOITS.

APPLICATION.

S3. This Part shall apply to every inquest and investi- Application oration held by a Coroner or by a Provincial Coroner under the authority of this Act or of any other Act or law in force in Ontario. New.

■WITNESSES AND EVIDENCE.

34. — (1) In addition to any other powers which he may ^°r^*^* °' possess a Coroner shall have the same power to issue sum- monses to witnesses, Form 8, to enforce their attendance and to punish for non-attendance or refusing to give evidence as is possessed by the High Court. New.

(2) A fine imposed for non-attendance or refusal to give^in* evidence shall not in the case of a medical practitioner exceed attendance $40, and in the case of any other witness shall not exceed $10. See RS.O. 1897, c. 97, s. 15. Amended.

35. — (1) The evidence upon an inquest or any part ^^^ dence*in*^^ it, with the sanction of the Crown Attorney, may be shorthand taken in shorthand by a stenographer who may be appointed by the Coroner, and who before acting shall make oath that he will truly and faithfully report the evidence ; and where evidence is so taken it shall not be necessary that it be read over to or signed by the witness, but it shall be sufficic nt if the transcript is signed by the Coroner and is accompanied by an affidavit of the stenographer that it is a true report of such evidence. 8 Edw. VII., c. 33, s. 29, part.

(2) The Coroner shall certify what he deems a reasonable Payment «»' allowance for the fees of the stenographer, and the same ateno- shall be paid on the order of the Coroner in the same manner s'-ap^er. us the other expenses of the witnesses. 10 Edw. VII., c. 26, 8. 1.

UO

12

WTien ap- proval of Crown At- torney un- necessary.

(3) The sanction of. the Crown Attorney to the employ- ment of a stenographer shall not be necessary in the case of an inquest held by a Provincial Coroner or in the case of a fire inquest where one of the partis thereto in writing re- quesi<? the Coroner to employ a stenographer and agrees to pay the extra charges occasioned thereby. New.

IITTEBPRETERS.

interpretar. 36. — (1) A Coroner may, and if required by the Crown Attorney shall, employ a person to act as intorpretor at an inquest, and such person may be summoned to attend the inquest.

Fees — ^How payable.

(2) An interpreter shall be paid for his attendance and services such fees as may be fixed by the Provincial Coroner or by the Coroner with the approval of the Crown Attomev. 8 Edw. VTT. c. 88, s. 80 (1) paH.

PENALTY ON JUBOB FOB NON-ATTENDANCE.

Juror not attending — fine.

37. Where a person duly summoned to serve as a juror does not attend, the Coroner may impose upon him a fine not exceeding $4.

BEG OVERT OF FINES.

Kstreatlng

tines.

38. Where a fine is imposed by a Coroner under this Act he shall thereupon make out and sign a certificate stating the name, residence and occupation of the delin- quent, the amount of the fine imposed and the cause of the fine, and shall transmit such certificate to the Clerk of the Peace of the county in w'hich the delin- quent resides on or before the first day of the General Sessions of the Peace then next ensuing, and the fine so cer- tified shall be estreated, levied and applied in like manner and upon and subject to the like powers, provisions and pen- alties as if it had been a fine imposed at the General Sppsion* See R.S.O., 1897, c. 97, s. 9 and paH 10.

Return ot InquiattlOA.

RETURN OF INQtriSITION.

39. Every Coroner shall forthwith after an inquisition found by or before him, return the same, and every recog- nizance taken before him, with the evidence and exhibits, to the Crown Attorney. R.S.O. 1897, c. 97, s. 18.

1)40

18

COURT BOOM FOR INQFEST.

'^^- — (1) The Council of every city and town shall pro-S"""*-'" °^ Vide a suitable place for the holding of inquests, and until to provide it is provided for that purpose, inquests may be held in thetion'for"

Police Court room of the municipality, but at such times as'^^"***" shall not interfere with the use of such court room for the holding of the Police Court

(2) If a suitable place is not provided by the council, the Coroner m*y

C. , 1 1 1 . I T -1 . 1 . procure room

oroner may procure a suitable place for holding the inquest in default of

and the exnense incurred shall be borne by the municipality. '^°'^*^-

.1 "Rdw. VII. c. 15, s. 1.

FORMS.

41. The forms seit out in Schedule B may be used for the Forms, purposes therein designated, but no inquisition shall be set aside or quashed on account of any deviation from any of such forms, where the instrument in question has been duly signed and attested, and the effect thereof is the same as that set out in the form provided for the purpose. New.

REPEAL.

42. Chapters 97 and 275 of the Revised Statutes ofR«p«ia. Ontario, 1897; Section 22 of The Statute Law Amendment Act, 1908: section 78 of The Statute Law Amendment Ad. 1904; section 1 of the Act passed in the Fifth year of the ReisTi of His lateMaJFSty King Edward VTL, chaptered 15; sections 10 and 11 of The Statute Jjaiv Amendment Act, 1907; sections 29 and 30 of The Statute Law Amendmevi Act, 1908, and section 1 of The Statute Law Amendment Arl. 1910, are repealed.

(For special provisions as to Coroners when acting under The Sheriffs Act. see 9 Edw. VII. c. 6, ss. 14-16.)

(As to Fatal Accidents in Mines, see 8 Edw. VII., c. 163.)

SCHEDULE A.

(o) Imoanelllng a Jury |2 00

(6) Examining each witness (Including summons) 50

(c) Taking each recognizance 50

(d) Necessary travel per mile 20

(e) Taking inquisition and making return 10 00

( f) Every warrant 1 00

(0) Order for the payment of jurors 1 00

(New,) 140

14

SCHEDULE B. FOBM 1.

coboxeb's wabbant to take possession of body.

Province of Ontario i To the Chief Constable of the

of I of

To wit f in the County [or district)

J of

By virtue of my oflace these are in His Majesty's name to charge and command you that on sight hereof you forthwith talce in charge the hody of deceased (or the body

of an unknown person) now lying dead at (describing as accurately as possible ihe locality in which body lies).

And thereafter do and execute all such things as shall be given you in charge on behalf of our Sovereign Lord the King touching the death of and for so doing this shall be

your sufficient warrant.

Given under my hand and seal this day

of 19 .

Coroner.

FOBM 2.

WABBANT TO HOLD INQUEST ON DEATH.

Province of Ontario "j To the Chief Constable of the

Of I of

To wit j in the County (or district)

J of

By virtue of my office these are In His Majesty's name to charge and command you that on sight hereof you summon and warn (not less than seven nor more than twelve) able and efficient men of your County (or City) personally to be and appear before me on day the day of

at o'clock In the noon of the same day

at called or known by

the name or sign of situate in the

said then and there to do and execute all

such things that shall be given them in charge on behalf of our Sovereign Lord the King touching the death of and for so doing this shall be your sufficient warrant; and that you also attend at the time and place above mentioned to make a return of the names of the persons whom you shall have so sum- moned and further to do and execute sucih other matters as shall be then and there enjoined you aud have you then and there this warrant.

Given under my haad and seal this day

of 19 .

CJoroner.

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15

Fo«M 3.

DECLARATION OF COEONEB THAT INQUEST NECESSARY.

Province of Ontario

To wit

of

I,

of the of In tiie

of a Coroner

in and for said do

hereby solemnly declare:

That after viewing the body of {or

the body of an unknown person) now lying dead at in

this 1 am of opinion that there is good reason for

believing that (or am unknown man,

woman, or male or female child) now lying dead at did not come to his (or her) death from natural causes, or from mere accident or mischance; but came to his (or her) death from violence or unfair means, or culpable or negligent conduct of others, or under other circumstances requiring investigation by a Coroner's inquest.

And I make this solemn declaration conscientiously believing it to be true and knowing it is of the same force and effect as if made under oath and by virtue of The Canada Evidence Act.

Declared before me at the of In the of

this day of

19

Coroner.

A Commissioner, etc.

Form 4.

WARRANT TO BUEY AFTER A VIEW.

Province of Ontario To wit

of

To the person in charge or control of the burying grounds in the and to all others whom It may concern.

Wherrr^s, an inquisition hath this day been held upon view of the body of who now

lies dead in your (township or city or as the case may be). Thosp are therefore to certify that you may lawfully permit the body of the said to be buried

and for your so doing this is your warrant.

Given under my hand and seal this day of 19

Coroner

Form 5.

deceased

DECLARATION OF CORONER UPON ORDER FOR BURIAL,

Province of Ontario ^ In the matter of

of I

To wit I

I, Coroner of the

of in the County of

do solemnly declare that I visited and examined the body of the

said and learned

from the following facta:—

Upon these facts I Issued an order to bury the body. 140

16

And I make this solemn declaration conscientiously believing It to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of The Canada Evidence Act.

Declared before me at the"

of in the of

this day of 19

A Commissioner, etc.

FOBM 6 WARRANT TO MEDICAL PBACTITIONEE.

Province of Ontario ^ I'o

of ^ a legally qualified medical

To wit ( practitioner of the of

) in the of

By virtue of my office, these are in His Majesty's name to charge and command you that you do [make or assist in making a post mortem examination of the body of now lying dead at the of

in the County of with an analysis, and] appear

before me and my jury at in the

of on the day of

19 , at o'clock, and give further evidence touching the

death of

Given under my hand and seal this day of

19

Coroner.

The words between the brackets [] may be omitted when a post mortem examination is not required.

Form 7.

SUMMONS to a juror.

Province of Ontario "j

of I

To wit (

By virtue of a Warrant under the hand and seal of His Majesty's Coroner for this of of

you are hereby summoned personally to be and appear before him as a juryman on the day of

at o'clock in the

precisely, at the known by the name or sign

of in the of

then and there to enquire, on His Majesty's behalf touching the death of

and further to do and execute such other matters and things as shall be then and there enjoined you, and not depart without leave

Herein fail not at your peril.

Dated the day of 19

To • of

in the

Constable 140

17

Form 8. summoxs to a witness.

Of f

To wit

Province of Ontario ... ,

^f y of the 01

°^ in the of

Whereas I am credibly informed that you can give material evi- dence on behalf of cur Sovereign Lord the King, touching the death of now lying dead

in the of

in the s-aid County of

These are, therefore, by virtue of my office, in His Majesty's name, to charge and command you personally to be and appear before me at (here insert a sufficient description o/ the place where the inquest %$ to he held) in the said at

of the clock in the noon, on the

day of (and then and there to give

evidence and be examined, on His Majesty's behalf, before me and my inquest touching the premises.

Given under ray hand and seal this day of 19

Coroner.

140

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No. 141. 1911

BILL

An Act to amend the Motor Vehicles Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. The Motor Vehicles Act is amended by adding thereto ^;^4^5'^- "^^^•

the following section : amended.

25(Z — (1) Every person licensed to drive a motor vehicle License or for hire, pay or gain, under section 2a of this Act, shall at be pro- all times while so employed carry with him the license under f ore^*p<Jiice which he acts, and every other person driving or operating a^^|'''**® motor vehicle upon the public highway shall at all times charge, while so engaged carry with him the permit issued in respect of the said motor vehicle, and every person driving or oper- ating a motor vehicle shall produce the license or permit, as the case may be, to the Police Magistrate or Justice of the Peace before whom he may be charged with the violation of any of the provisions of this Act ; and it shall be the duty of such Police Magistrate or Justice of the Peace before return- ing such permit or license to endorse upon it the date and Magistrate a short signed statement of the particulars of any conviction on trcense^ made by him against the person to whom such permit or ^^^.^f^^^^^ license has been issued, unless it appears therefrom or is other- of connec- wise satisfactorily proven that the person to whom such per^ mit or license has been issued has been convicted of the viola- tion of any of the provisions of this Act within a period of twelve months from the date on which the offence under his consideration is found to have occurred ; in saich case, and if a conviction be made, such Police Magistrate or Justice of the Peace shall retain the said permit or license endbrsing there- on the date and short particulars of the conviction, write across the face the words, "cancelled for second conviction," and having signed such memoranda shall forthwith forward the same by registered post letter to the Provincial Secretary.

141

3

for not (2) No person shall drive or operate a motor vehicle upon

ficensf or ^^J public street or highway unless he has with him at such permit time the license issued to him, if he be operating for hire, pay or gain ; or if not operating for hire, pay or gain, unless he have with him the permit issued in respect of the motor vehicle which he is driving or operating, and any person violating the provisions of this subsection shall be liable to the penalties provided by section 20 of this Act.

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No. 142. 1911

BILL

An Act to amend the Municipal Act.

HIS MAJESTY, bj and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. The Consolidated Municipal Act, 1903, is amended by 3 Bdw. vii. adding the following as section 630a : a'meirded.

630a — (1) A city having a population of over 25,000 ^y^^^ o^t may agree with an adjoining township or townships as "to 2^^ii^**^f " what highways shouid be laid out in the land lying within city over two miles of the limits of the city and for that purpose may prepare and register, as provided by The Registry Act, aio Edw. vii. plan showing such highways and after the registration of"- ^°- such plan no owner of land within such limit shall register any plan proposing to lay out any other highway.

(2) In case the city and the township or townships failAppiica- • to agree as to such plan the city may on giving notice to the ont. Raii- township or townships apply to The Ontario Railway and Municipal Municipal Board for the approval of the plan and the ^°^^^y^°'^ Board may make such alterations in the plan as may seem of plan- proper.

(3) The plan approved of by the Board shall be registered Registra- as required by The Registry Act and after registration nOp,an.°' land in the limits affected shall be sold except according to

such plan.

142

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JSTo. 143. 1911.

BILL

An Act respecting the Town of Oshawa.

TXT" HEREAS a Petition has been presented to the Muni- Preamble.

» ■ cipal Corporation of the To^\^l of Oshawa desiring an asphalt block pavement to be constructed as a local im- provement on King Street in the said Town of Oshawa from the East side of Prospect Street to the East side of Mechanic Street in the said Town, signed by more than two-thirds in number of the owners of the real property to be benefited thereby, according to the last revised Assessment Roll of the Municipality, such owners representing at least one-half in value of the said real property ; and whereas a further Peti- tion has been presented to the Municipal Corporation of the Town of Oshawa desiring an asphalt block pavement to be constructed as a local improvement on Simcoe Street from the Worth side of Richmond Street to the South side of Medcalf Street, signed by more than two-thirds in number of the owners of the real property to be benefited thereby, accord- ing to the last revised Assessment Roll of the Municipality, such owners representing at least one-half of such real property, and otherwise as set out in the said Petitions; and whereas a Company was incorporated under the name of "The Oshawa Railway & I^avigation Company " by an Act of Parliament of Canada (50-51 Victoria, Chap. 92), and by a subsequent Actt of the Parliament of Canada (54-55 Victoria, Chap. 91) the name of the Company was changed to "The Oshawa Railway Company" ; and whereas under certain agreements made between the Town of Oshawa and the said Company and certain By-laws of the said Corpora- tion, all of which have been confirmed by the following Acts of the Legislature of the Province of Ontario, namely, 56 Victoria (1893), Chap. T3, and 58 Victoria (1895), Chap. 110, and also by an Act of the Parliament of Canada, 58-59 Victoria, Chap. 56, the Company was among other things empowered to lay tracks on certain streets, and operate a Street Railway in the said Town ; and whereas the said Com- pany has laid tracks and is operating the said Railway on Simcoe and King Streets and other Streets of the said Town ;

143

and whereas negotiations have taken place between the said Corporation of the Town of Oshawa and the said Company whereby it is proposed that the said Corporation in construct- ing the pavements asked for by the said Petitions or that may be decided on shall in the area on the said streets occupied by the tracks of the said Railway, hereinafter called the track allowance, do and perform all work and supply all road materials necessary for the construction of the said pave- ments, and concrete base eight inches in thickness beneath the ties of the tracks of the said Railway, and for nine inches or more beyond the ends of the ties, or such other thickness or distance as may be agreed on, and also pay for all labour of relaying the ties and rails of the said Railway in the said pavements, the latter work to be done by men supplied by and under the direction of the Railway, and the ties and rails and other Railway construction material to be supplied by the Railway Company or otherwise, and that in considera- tion thereof the said Railway Compjuiy should agree to pay H proportion of the cost thereof, and by such yearly instal- ments as may be agTeed upon between the said Municipal ( Corporation of the Town of Oshawa and the said Railway, and with such provisions, terms and conditions incidental thereto as to the said contracting parties may seem proper; and whereas the Corporation of the Town of Oshawa has further petitioned that it may be authorized to enter into such an agreement or agreements, and that thq cost and out- lay incurred in such work on the track allowance on the said streets occupied by the rails of the said Railway may be declared to be part of the entire cost of the construction of the said pavements respectively as local improvements so petitioned for within the meaning of The Consolidated Municipal Act, 1903, and amendments thereto, and the said Corporation has also petitioned that the said Municipality of the Town of Oshawa may likewise be empowered to enter into agreements from time to time of like nature with regard to the paving of other portions of King Street and Simcoe Street and other streets in the said Town of Oshawa upon which the tracks of the said Railway are or may be laid ; and whereas it is expedient to grant the prayer of the said petitions ;

Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, en- acts as follows:

Construc- tion of pavements on track allowance of street raUway, etc.

1. It shall be lawful for the Municipal Corporation of the Town of Oshawa in constructing the pavements so petitioned for, or such pavement as may be decided upon on King Street from the East side of Prospect Street to the East side of Mechanic Street, and on Simcoe Street from the !N"orth

143

8

side of Richmond Street to the South side of Medcalf Street iu the said 'J'own ol: Oshuvvu, to do and perform all the work and suj)ply all the road materials necessary for the construc- tion of such pavements on the track allowance in the said streets so to be paved, including a concrete base eight inches in thickness beneath the ties of the tracks of the said Railway and for nine inches beyond the ends of the ties or such other thickness or base or distance as may be agreed on, and also to pay for all labour in relaying the ties and rails of the Railway in the said pavements, the ties and rails and other Railway construction material to be supplied by the Railway Com- pany, or to do and perform such work in such other way or to such other extent or on such plan or terms as may be agreed upon between the Corporation of the Town of Oshawa and the said Railway Company, and that the cost of and outlay therefor shall be deemed and form part of the entire cost of the work of the construction of the said pavements as local improvements as petitioned for, and within the meaning of The Consolidated Municipal Act, 1903, and amendments, thereto, and any other Acts relating to Municipalities and Local Improvements that may be in force and applicable thereto, and as if expressly provided for in such Acts as form- ing a part of the cost of the said local improvements.

2, The said Corporation of the Town of Oshawa is, not- power to withstanding the provisions of An Act respecting certain street"^ ^^ Railway and other Corporations passed in the Seventh year ^^^^J,'^^^,.,, p. of the reign of His late Majesty, chaptered 37, hereby author- tion of ^^ ized and empowered to enter into an agreement or agree- on track ments with the said The Oshawa Railway Company, in rela- tion to the doing of the work and making of the outlay afore- said on the track allowance and the payment by the Company of a proportion of the cost of the work and outlay on the said track allowance as may be agreed upon between the said Municipal Corporation of the Town of Oshawa and the said The Oshawa Railway Company, and providing for the pay- ment thereof by yearly instalments not extending beyond twenty years, and containing such provisions, teinns and con- ditions for the carrying on of the said work and of and in- cidental to the matters aforesaid as to the said contracting ])arties may seem proper, and such agreement or agreements when entered into shall be valid and binding upon the said Corporation of the Town of Oshawa, the said The Oshawa Railway Company and their successors, and all properties benefited by the said Local Improvements so petitioned for as aforesaid.

3, Wherever in this Act the words "track allowance" ar® auowa^nce •• used the same shall mean all the roadway between the rails meaning oV.

143

and the space of 27 inches outside of each rail, where single tracks are or shall be laid, and where Y's, turnouts, switches or side tracks are or shall be laid, the words "track allow- ance" shall mean the whole space between the rails of the switches, side tracks, Y's and turnouts and between the tracks and the switches, and between the tracks and the turnouts and 27 inches outside of the outer rails of such Y's, turnouts, switches, and side tracks and where loops are or shall be laid the said words shall mean the roadway between the rails and the space of 27 inches outside of each rail.

Power to 4. The said Corporatiou, notwithstanding the provisions

agreements of An Act Respecting Certain Railway and Other Corpora- Raiiway tions passcd in the seventh year of His late Majesty's reign, struction of chaptered 37, is hereby empowered in like manner to enter on^Stjfe"*^ into a further agreement or agreements with the said The streets. Oshawa Railway Company, or their successors, of like char-

acter in relation to the construction of pavements on other portions of the said King and Simcoe Streets and on other streets in the said Town of Oshawa on which the tracks of the said Railway Company are or may be laid, and such agreement or agreements in like manner shall be binding upon the Corporation of the said Town of Oshawa and the said The Oshawa Railway Company, and their successors, and the properties benefited by such local improvements as may be petitioned for or decided upon from time to time, and the cost and outlay incurred by the said Town on the track allowance shall likewise be deemed a part of the cost of the pavement or pavements of such Streets within the meaning of the Acts in force in this Province relating to Municipalities and Local Improvements in like manner and to the same extent as by this Act is provided with reference to the pavements on parts of King and Simcoe Streets petitioned for as aforesaid.

Accounts 5, j^ separate account or accounts shall be kept by the

received to Treasurer of the siaid Corporation of the Town of Oshawa t^easm-er/ of all moneys received and expended on account of or in con- nection with the constrnction of the said pavements, includ- ing all moneys received from The Oshawa Railway Company, or their successors, under any agreement or agreements en- tered into between the said Municipal Corporation and the said The Oshawa Railway Company, or their successors, under this Act, and the moneys received from the said The Oshawa Railway Company, or their successors, under such agreement or agreements before the first day of January in any year may be applied in reduction of the rate payable for the next year to meet the debentures issued by the said Cor- poration of the Tovsm of Oshawa for the payment of the cost of the construction of the pavements.

143

I

6. It shall not be necessary for the said Municipal Cor-^^l^®^*^''^^^ poration before passing any By-law or By-laws incidental to ^^*^J^^^^ '^^ the carrying out of the said work or of the agreement or agreements, or the issuing debentures or levying rates there- for, to obtain the assent of the ratepayers thereto.

7. The Corporation of the Town of Oshawa may apply fP^^^^^^^y to The Ontario Railway and Municipal Board for a cer- Ontario tiiicate approving any By-law or By-laws that may be passed and Miini- from time to time for borrowing money or for imposing an assessment or assessments or special rate or rates in connec- tion with the consitruction of such pavements as Local Im- provements, including the cost of the work and outlay on the

track allowance.

8. The said Board may grant the certificate or certificates irregularity notwithstanding any irregularity in the proceedings prior to^^t^^o^^^ the final passing of any such By-law or in any such By-law Prevent ^ itself, or any amending By-law, if in the opinion of the

Board the provisions of the Statutes, under the authority of which the By-law or By-laws were assumed' to be passed, have been substantially complied with.

9. Every such By-law approved by the Board and the de-^^'^^^^ bentures issued thereunder, or which may thereafter be approved issued, substantially in conformity with its provisions shall binding, be valid and binding upon the Municipality of the Town of Oshawa and upon the property liable for the rate or rates imposed by or under the authority of such By-law or By-laws,

and the validity of every such By-law and every such deben- ture so approved shall not thereafter be open to question in any Court.

,10. Where any such By-law has been approved, the Board SSg"''^^ may approve the debentures issued or which may thereafter w^^l^en^^g^ bo issued under the authority of the By-law, and every de- benture so approved shall be valid and binding upon the Municipality of the Town of Oshawa and upon the property liable for the rate or rates imposed by or under the authority of the By-law and the validity of any debenture so approved shall not be open to question in any Court.

143

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No. 144. 1911.

BILL

An Act to amend the Ontario Railway Act, 1906.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : —

1. The Ontario Railway Act, 1906, is amended by adding ^^dw. vii., the following as section 214a: amended.

214a — (1) What is known as the pay as you enter sys- ^o^^it^'^'is^ tern of collecting fares shall not be operated on any street pay as you railway car unless such car complies with the following may be

, operated.

requirements :

{a) It must have a rear platform at least 72 inches deep with a folding step not less than 54 inches long.

(6) The rear platform must be enclosed and properly heated, and provided with a door or doors hav- ing an aggregate width of at least 54 inches, so arranged as to permit of the entrance and exit of passengers at one and the same time.

(c) If there is a partition between the rear platform and the body of the car such partition must have doors or openings so arranged as to permit of the entrance and exit of passengers at one and the same time.

{d) The front platform must be enclosed and properly heated. It shall be provided with an exit door at least 30 inches wide and a folding step of the same width. If there is a partition between this platform and the body of the car it must be provided with an exit door or opening not less than 30 inches wide.

144

^^secfion" (^) ^^^ section shall apply to cities only having a popula- tion of 100,000 or over.

Penalty. (3) Every person who violates the provisions of this sec-

tion shall, on summary conviction therefor, incur a penalty of $100.00 per day for each car operated contrary to the pro- visions of this section.

144

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ITo. 144. 1911.

BILL

An Act to amend The Ontario Eailway Act, 1906.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : —

1. The Ontario Railway Act, 1906, is amended by adding J ^J^- ^^^' the following as section 214a: amended.

214a — (1) What is known as the pay as you enter sys- co"<***^°5}s

- ,\ ' . - in 11 upon which

tem 01 collecting tares shall not be operated on any street pay as you railway car unless such car complies with the following may be '^^ requirements: ' operated.

(a) It must have a rear platform at least T2 inches deep with a folding step not less than 54 inches long.

(6) The rear platform must be enclosed and properly heated, and provided with a door or doors hav- ing an aggregate width of at least 54 inches, so arranged as to permit of the entrance and exit of passengers at one and the same time.

(c) If there is a partition between the rear platform

and the body of the car such partition must have doors or openings so arranged as to permit of the entrance and exit of passengers at one and the same time.

(d) The front platform must be enclosed and properly

heated. It shall be provided with an exit door at least 30 inches wide and a folding step of the same width. If there is a partition between this platform and the body of the car it must be provided with an exit door or opening not less than 30 inches wide.

144

3

of'?ecUon!^ (2) ^^^^ section shall apply to cities only having a popula- tion of 100,000 or over.

Penalty. (3) Every company or person who violates the provis-

ions of this section shall, on summary conviction therefor, incur a penalty of $100.00 per day for each car operated contrary to the provisions of this section.

Application |^^ (4) The provisions of the preceding subsections may

RaUway'^ ° from time to time be varied or extended by The Ontario

cfpai^""^" Railway and Municipal Board on any application made to

^°v^ry ^^^ Board for such purpose. """^^

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1^0. 145. 1911.

BILL

An Act to amend the Municipal Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of On- tario, enacts as follows: —

1. Section 604 of The Consolidated Municipal Act, 190S,l^^-g";'"ll-^

is repealed. repealed.

2. Section 613 of The Consolidated Municipal Act, 190S, I ^^^-^Wi is repealed and the following substituted therefor : — repealed.

613. Every County Council shall have exclusive lurisdic- Jurisdiction

, • ' ' of counties ■

tion over over roads

J and bridges.

(1) Every road and bridge lying within any town- ship, town or village in the county which the County Council by by-law assumes with the assent of the council of such township, town or village,

(2) Every bridge crossing a river, stream, pond, lake or ravine separating two townships in the county,

(3) Every bridge crossing a river, stream, pond, lake or ravine, forming or crossing a boundary line between two local municipalities other than cities and separated towns in the county, and,

(4) Every bridge of eighty feet or over in length, upon any highway in the county and which is wholly or partly within the limits of a city or a town separated from the county for municipal purposes.

3. Section 616 of The Consolidated Municipal Ad, 190S, 3 Edw. vii.. is repealed and the following substituted therefor : — repealed.

3L46

How roads to b« planked, etc., and bridges to be built by county.

616. Where the council of any county by by-law assumes a road or bridge, or where under this Act it is the duty of a County Council to con- struct and maintain a road or bridge, the County Council shall cause the road to be planked, gravelled or macadamized in a good and sub- stantial manner or the bridge to be built, or to be re-built in the manner prescribed by this Act.

0.^978^617, 4.— (1) Subsections 3 and 4 of section 617 of The Gm- amended"^* ^oUdated Municipal Act, 1903, as amended by section 2Y of The Municipal Amendment Act, 190 U, are repealed.

(2) Subsection 5 of section 617 as enacted by section 13 of The Municipal Amendment Act, 1910, is amended by striking out all the words after the word "determined" in the ninth line and substituting therefor the words "as pro- vided by section 618."

f-.Tgrs-^ena ^- Section 6 17 a of The Consolidated Municipal Act, 190S, repealed. an,(] f^p amendmentsi thereto are repealed.

3 Edw^JigYg 6. Section 618 of The Consolidated Municipal Act, 1903. and 618b. as enacted by section 24 of The Municipal Amendment Act,

1907, section 618a of the said Act as enacted by section 25 of The Municipal Amendment Act, 1907 , and section 6186 as enacted by section 20 of The Municipal Amendment Act,

1908, and all amendments tbereto are repealed and the fol- lowing sections substituted therefor: —

Settlement of disputes as to liabil- ity for bridges.

Resolution authorizing application to judge.

618. — (1) Whenever a disipute arises as to the duty or liability of a municipal corporation to build and maintain a bridge in whole or in part the council of any municipality interested may by resolution set forth the grounds of complaint or the question in dispute and declare that ap- plication shall be made to the Judge of the county or district court of the county or dis- trict in which the bridge or any part of it is situate or is proposed to be built for an order determining the matter in dispute.

Service of resolution.

(2) After the passing of such resolution the Clerk of the municipality, the council of which has passed such resolution, shall forthwith serve a copy thereof certified under his hand and the cor- porate seal of the municipality to be a true copy thereof upon the clerk of every other munici- pality affected.

145

(3) After the service of the resolution application Application may be made hy or on behalf of the corporation mentf ^°'"^' the council of which has passed the same to the

Judge of the County or District Court of such county or district for an appointment in writing for the hearing of an application to determine the matter in dispute.

(4) The Judge shall thereupon grant an appointment Appointment naming the time and place at which he will hear ^^ ju^&e. and determine the matter in dispute, and a copy

of such appointment shall be served upon the Clerk of every other municipality interested at least 30 days before the date fixed by the Judge for hearing and determining the matter.

(5) At the time and place appointed the Judge shall bearing, hear the application and any municipal corpora- tion interested may be represented by counsel thereon and the Judge shall hear the parties and

any evidence submitted by them on oath touch- ing the matter in dispute.

(6) The Judge shall determine all matters arising wj*t ^^ out of such dispute, including the liability to determine, erect or maintain the bridge and the proportion

which each municipality interested shall con- tribute to the construction and maintenance of the bridge.

(7) The order of the Judge shall be registered in the 5on^ o?*' Registry Office for the registry division or for order. each of the registry divisions in which the bridge

is or is to be situate and from and after such registration and subject to the appeal hereinafter provided the bridge shall be built or maintained and kept in repair by the corporation or by each of the corporations declared by the order to be liable therefor in the manner and in the propor- tions fixed by the Judge's order.

(8) The order of the Judge shall be enforceable inEnforce^- the like manner as an order of mandamus. order.

(9) An appeal shall lie from the order of the Judge or'der. to The Ontario Railway and Municipal Board

and the proceedings thereon and incidental there- to shall be governed as nearly as may be by the^. j,^^^ ^,,j provisions of The Ontario Railway and Muni-c. si.

146

cipal Board Act, 1906, and the regulations made thereunder.

Order to be In force for Ave years.

Materials to be used in county bridges.

(10) The order of the Judge, or in case of an appeal, the order of the Ontario Railway and Municipal Board, shall remain in force for a period of five years from the date thereof, but this subsection shall not apply to an order deter- mining that the bridge is one within the exclusive jurisdiction of the county.

618a. — (1) Every bridge constructed by or under the jurisdiction and control of the corporation of a county shall be built of iron, steel or reinforced concrete and in accordance with standard speci- fications, prepared by the engineer of the Depart- ment of Public Works of Ontario.

Information to be fur- nished to county.

(2) It shall be the duty of such engineer to fur- nish the corporation of any county with such in- formation as its council may require with refer- ence to the construction of bridges in the county.

f ol- coun'tT '^' The said Act is amended by adding the following as bridges. section 388a:

388a. Notwithstanding anything contained in this Act the council of any county shall from time to time by by-law provide for the issue of debentures re- payable in 20 years in the manner provided by section 386 for the purpose of constructing or re- constructing the bridges in the county which have been assumed by the corporation or which it is the duty of the corporation to construct and maintain, and it shall not be necessary to obtain the assent of the electors to any by-law passed under this section.

145

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No. 146. 1911.

BILL

An Act respecting Purchases of Timber Licenses in Algonquin Park.

HIS MAJESTY, by and witii the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. This Act may be cited as The Algonquin Park Loan short and Purchase Act.

2. The Lieutenant-Grovemor-in-Council is hereby author- ^oan^ of ized to raise, by way of loan, a sum of money not exceeding authorized. Five Hundred Thousand Dollars ($500,000) for the pur- pose of purchasing the rights of licensees of timber limits in Algonquin Park, and for other purposes necessarily inci- dental thereto.

3. The aforesaid sum of money may be borrowed for any Term and term or terms not exceeding forty years at a rate not exceed- foan. ° ing four per centum per annum, and shall be raised upon the

credit of the Consolidated Revenue Fund of Ontario, and shall be chargeable thereupon.

4. All bonds and inscribed stock issued under the author- ^^°^^s^and ity of this Act shall be free from all Provincial taxes, succes- loan to be

fre© of

sion duty charges and impositions whatsoever. Provincial

5. The Lieutenant-Govemor-in-Council may provide for s Edw. vii., a special sinking fund with respect to the issue herein author- ized, and such sinking fund may be at a greater rate than

the one-half of the one per centum per annum on the amount of such debentures or stock, as specified in subsection 2 of section 4 of The Provincial Loans Act.

6. The Order in Council, passed the 9th day of Novem- order in ber, 1910, authorizing the purchase from the Munn Lumber confirmed. Company of all its rights, timber licenses, and property in- side and outside Algonquin Park and all acts done by the

146

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Minister of Lands, Forests and Mines, pursuant to the said order, are ratified and confirmed, and the money expended upon such purchase shall be charged against the proceeds of the loan referred to in section 2 hereof.

Applica- tion of proceeds of debentures In purchas- ing: rights of limber licenses.

7. The Lieutenant-Governor in Cooincil is hereby autihoi^ ized and empowered to expend the proceeds or any part thereof of the loan referred to in section 2 hereof in pur- chasing the rights of licensees of timber limits in Algonquin Park and do all such other acts as are necessarily incidental to such purchase or purchases; all such purchases shall be either previously authorized by Resolution of the Legislative Assembly or, when completed, shall be laid before the Legis- lative Assembly and confirmed by Resolution thereof.

146

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No. 147. 1911

BILL

An Act to amend the Lunacy Act.

HIS MAJESTY, bv and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. The powers and provisions of The Lunacy Act, ^^OP^pr'^o^^fs^on" oi relating to management and administration, shall apply to ^ ^dw. vii., every person not declared to be lunatic with regard to whom certain

it is proved, to the satisfaction of the Court, that he is, declared "° through mental infirmity, arising from disease, age, or other ^""^*'^^" cause, or by reason of habitual drunkenness or the use of 53^P^n^54 drugs, incapable of managing his affairs. Wis ^(i%

2. The provisions of section 1 shall apply although the to apply person is not a lunatic. funttrcs.""*

3. Such of the powers of The Lunacy Act, 1909, as are Powers of made exercisable by tlhe committee of the estate under order how exer-' of the Court shall be exercised in the cases provided for byby^whoni. section 1, by such person, in such manner and with or with- out security, as the Court may direct, and any such order

may confer upon the person therein named authority to do

any specified act or exercise any specified power, or may 54 and 55

confer a general authority to exercise on behalf of the per-s. 27" h). '

son to whom the order relates until further order, all or any

such powers without further application to the Court.

4. Every person appointed to do any such act or exercise Person any such power shall be subject to the jurisdiction and auth-to be ority of the Court as if such person were tho ermmiittcr of ^"ri^diction the estate of a lunatic so declared. "^ court.

5. Section 12 of The Lunacy Act shall apply to the cases o/^'fidw'" provided for by section 1, and the person in respect of whom^^J-^ the order is made, and any person aggrieved or affected by the order shall have the like right to appeal therefrom as is provided for by section fi of that Act.

147

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No. 148. 1911

BILL

An Act to amend The Ontario Insurance Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. Section 80 of The Ontario Insurance Act is amended byR- s. o., c. adding at the beginning thereof the words "Except as herein- amended. ' after provided in Statutory Condition No. 17, section 168

of this Act."

2. Subsection 1 of section 91 of the said Act is hereby re- see. 9i (i) pealed and the following substituted therefor: —

(1) Every Provincial corporation shall furnish to f^'^'J'g™ ^j^. each member annually a verified summary statement in h form approved by the Registrar showing as the result of such audit or audits the corporation's actual assets, liabilities, receipts and expenditures, and the state of the insurance fund or funds, which summary statement shall contain a sum- mary of the statement filed in accordance with section 06 of this Act, and a copy of such summary statement signed and certified by the President and Secretary and by the auditors shall be filed in the office of the Registrar with the statement required by section 96 of this Act.

(lb) In the case of a fire insurance company (other than tjhose transacting a purely non-hazardous mutual busi- ness) a copy of this summary statement certified to and ap- proved by the Inspector together with a copy of such certifi- cation and approval shall be published in at least one daily paper in the province on or before the fifteenth day of Feb- ruary in each and every year and proof of publication shall be filed with the Registrar on or before the fifth day of March next following, in default of which the Registrar shall have such publication marie at the expense of the corrtpany; and no statement purporting to show the financial condition

of anv such companr shall bo published which does not con- ■ 148

tain in equally conspicuous type the statement hereby re- required. Such publication shall be held to include policies, receipts, circulars, signs or other means by which public announcements are made.

Sec. 96 (1) amended.

Annual statement.

Sec. 144 (a) amended.

Copy of application to be at- tached to policy.

Sec. 145 repealed.

Sec. 167 (2) repealed.

Sec. 168 amended.

Form of policy pre- scribed.

3. Section ITo. 96, subsection 1, is amended by adding^ after the word "Act" in the eighth line the following:

"Which statements in case of a fire insurance coiii; pany other than those transacting a purely non-hazardous mutual business sihall show as a liability the actual unearned premiums on all business in force on the 31st day of Decem- ber of each year, and in the computation of such assets there shall be included only such proportion of the capital stock as has been actually paid up in cash; and no assets shall be valued at an amount beyond their market value; and ttere shall not be included unpaid balances owing by agents or other companies! which are over three months due or bills receiv- able on account of same."

4. Section 144 (a) is repealed and the following srnbsti-^ tnted therefor:

(a) In order that the proposal or application of the assured may be consistent with the contract it is obhVatorv for the insurer to have a true copy of the application attached to the policy and the Court shall determine how far the in- surer was induced to enter into the contract by any material misrepresentatidn contained in the sai'd application or pro- posal, and this application shall not contain anv agreements or warranties contrary to the provisions of the Standard Policy "hereinafter provided for.

5. Section 145 of the said Act is hereby repealed.

6. Section 167, snbsection 2, is hereby repealed.

7. Section 168 is repealed and the followinff substituted therefor: — !N"o fire insurance corporation, its ofl^cers or ap'cnts shall make, issne or deliver for use any fire insurance policv or the renewal of any such policy on propertv in this Pro- vince other than as shall conform in all particulars as t'* blanks, size of type, context, provisions, asrreements. and conditions with the standard form herein set forth, the hlpnk< for which may be fille<l in in print or in writing an'd no '-vther different provision, arrreement. condition or clause plifT'I Tr^ in anv manner made a part of such contract or nolicv or en'dorsp^ tTiereon or delivered therewith except as heroin

provided. 148

First : It may print on its policy j

The name of the corporation, its location and place of ^^^^^^^^ business, date of its incorporation or organization, the o" policy, amount of its paid-up capital, whether it is a stock or mutual corporation, the names of its officers or agents, the number and date of the policy, and if issued through a manager or agent the words : "This policy shall not be valid until counter- signed by the duly authorized manager (or agent) of the corporation at

Second. It may print or use in its policy: — Printed or written forms of description and specification or schedules of the property covered by any particular policy, and any other matter necessary to clearly express all the facts and conditions of insurance on any particular risk not in- consistent with or a waiver of any of the conditions or pro- visions of the statutory conditions herein provided for, in- cluding permits for the use and storage of gasoline and other extra hazardous products or materials, for repairs and im- provements and for other changes and conditions of hazard and interest permitted by the company with such limitations as are not contrary to or inconsistent with the Statutory Conditions.

Third. It may print or use in its policy, with the approval of the Inspector of Insurance, if the same is not already included in such standard form, any provisions which any such corporation is required by law to insert in ita policies, not in conflict with the provisions of such standard form. Such provisions shall be printed apart from the other pro- visions, agreements or conditions of the policy under a separ- ate title as follows: ''Provisions required by law to be stated in the policy."

Fourth. The name with the word "agent" or "agents" and place of business of any insurance agent or agents, either by writing, printing, stamping or otherwise, may be endorsed on the outside of such policies.

Fifth. It may print or use in its policy such clauses or special riders as may be agreed upon between the assured and the*^ " company by application in writing for the same signed by the assured and by which for a consideration of a reduction of rate duly set forth in the clause the assured agrees to comply with certain conditions which shall be in force so far as, by the Court or Judge before whom a question is tried relating thereto, they shall be held to be just and reasonable

148

to be exacted by the company ; and it shall be essential to the validity of any such clause that the assured has had and shall have at any time before the happening of a loss the option of accepting a policy without such condition upon the payment of the higher rate of premium set forth in the clause.

App^icauon Sixth. Such application relating thereto shall be made

condition, substantially in the following form: —

hereby request that there be attached to policy number of the insurance

company the following (coinsurance clause) to wit:

In consideration of the reduction of the rate of insurance from per cent, per annum to per cent, per annum

it is hereby agreed that the assured shall maintain insurance during the life of this policy upon the property hereby in- sured to the extent of at least per cent, of the actual cash value thereof, and that failing so to do, the assured shall be a co-insurer to the extent of the difference between the amount insured and the said per cent, of the cash value, and to that extent shall bear his, her or their proportion of any loss. This clause shall apply to items insured imder this policy, namely, numbers

Applicant.

of applicant Seventh. This application may be signed by the assured or required. ^^ j^-^ j^|^ authorized attorney for that purpose, but such

attorney shall not be an officer, employee or agent of the

company.

as^1;o^co™^" Eighth. Such clauses shall conform to the following con- ditions. T,.

ditions :

(1) They shall be printed or written in ink of a con- spicuously different colour from the policy.

(2) They shall be headed conspicuously (and if printed, in type not less than 12 point) with a name of the clause which shall be descriptive of its character.

(3) They shall be prefaced with the words: —

"This clause is in force so far as, hy the Court or Judge before a question is tried relating thereto, it shall be found to he just and reasonable to be exacted hy the company."

(4) They shall set forth the consideration and terms of the clause in the same form as in the application.

148

(5) Tliej shall conclude witli the words: "Attached to and lorniing part of Policy iS'o. of (^then follows the name of the company).

(6) They shall be dated and signed hy the duly authorized agent of the company as follows:

Dated at this day of 19 .

Agent.

!Ninth. Blank forms for use in case of transfer of title, of removal of property, of surrender for cancellation, of re- ceipt for loss, not inconsistent with the Statutory Conditions may be printed on the policy.

Tenth. The Standard Form shall be plainly printed with standard .J. , -111 ^^^^ °^

no portion thereof or any clause or permit attached thereto policy.

in smaller than long primer type and shall be as follows,

to wit:

No $

(Corporate name of the company or association, its principal place or places of business.)

In consideration of dollars, to be paid by the

insured hereinafter named, the receipt whereof is hereby acknowledged, does insure and legal

representatives, against loss or damage by fire to an amoun/t not exceeding dollars

for the term of from the day of

19 at noon to the day of 19 at

noon on the following described property while located and contained as described herein

(Description of property insured.)

(All clauses and permits shall be here attached.)

Ontario Statutory Conditions.

1. If any person or persons insures his or their buildings statutory or goods, and causes the same to be described otherwise than as they really are, to the prejudice of the company, or mis- seiuiuion or represents or omits to communicate any circumstance which °"^ ^^ °"" is material to be made known to the company, in order to enable it to judge of the risk it undertakes, such insurance shall be of no force in respect to the property in regard to which the representation or omission is made;

but when the application is made out by the company's agent, such application shall be deemed to be the act of the company.

148

Policy to be deemed as applied for unless variation Indlraterl.

('(kHI).',

propel

Assignment without per- mit^sion to avoid policy.

2. After application for insurance it shall be deemed that any policy sent to the insured is intended to be in accordance with the terms of the application, unless the company points out in writing by an endorsement attached to the policy the particulars wherein the poilicy differs from the application.

e of 3. Any change material to the risk, and within the control or knowledge of the assured, shall avoid the policy as to the part affected thereby, unless the change is promptly notified in writing to the company or its local agent ; and the company when so notified may return the premium for the unexpired period and cancel the policy, or may demand in writing an additional premium, which the assured shall, if he desires the continuance of the policy, forthwith pay to the company ; and if he neg^leots to make such payment forthwith after receiving such demand, the jx)licy shall be no longer in force.

4. If the property insured is assigned without a written permission endorsed hereon by an agent of the Company duly authiorized for such purpose, the policy shall thereby become void; but this condition does not apply to change of title by succession, or by the operation of the law, or by reason of death.

Policy In (^d^ If this policy is made payable to a mortgagee or is

mortgagee, assigned with the assent of the company as collateral security, no act or default of any other pc rson other than such mort- gagee or assignee or his agents or those claiming under him, shall affect the right of such mortgagee or assignee to recover in case of loss.

Proviso.

Partial loss.

(h) Provided that the said mortgagee or assignee shall at once notify this company of any change of ownership or increase of the hazard that shall come to his knowledge or that he shall on demand, pay according to the established scale of rates for any increase of hazard not paid for by the ass'ured, and whenever this company shall pay to the said mortgagee or assignee any sum for loss under this policy, for which no liability exists as to the mortgagor, assignor, or owner, and if this company shall elect by itself or with others to pay the mortgagee or assignee tiie full amount secured by such mortgage or other securities, then the mort- gagee or assignee shall assign and transfer to the company or companies upon such payment the said mortgage or other securities, together with the note or debts thereby secured.

5. Where property insured is only partially damaged, no

abandonment of the same will be allowed unless by the con- 148

sent of the eompanv or it? agent ; and in case of removal of property to escape conflagration, the company will contribute to the loss and expenses attending sudh act of salvage pro- portionately to the respective interests of the company or companies and the assured, and that part of this policy in excess of its proportion of any loss and of the value of the property remaining in the original location, shall, for the en- suing seven days only, cover the property so removed in the new location or locations in the proportion that the value in any one such new location boars to the value in all such new locations.

6. Monev, bullion, books of account, securities for monev. Money se- evidences of debt or title, scientific cabinets and collections not included and curiosities are not insured unless mentioned in the

policy.

7. Except in establis'hments manufacturing or dealing a^^t.'^'^''^ °^ in the same, paintings, sculptures, works of art, scientific instruments and clocks are not insured to an amount ex- ceeding ($25.00) Twenty-five Dollars on any one article unless otherwise specified.

8. The assured shall not be entitled to recover for loss f "/ance '"" in excess of seventv-five per cent, of the value of the pro- without

*^ con sent of

perty insured if he now has or shall hereafter effect any company, other in>urance on the said property without the asvsent of the company.

9. In the eveiit of there Ix^inc; anv other insurance in Apportuni-

ir 1 i'i'-i't !• ci merit of

eirect on the property herein described at the time of the loss among hap])ening of any loss, then this company shall only be liable for the payment of a rateable proportion of such loss or damage or of such amount as the assured shall be entitled to recover under Statutory Condition No. 8.

10. The company is not liable for the losses following, Non-iiabii-

.1 . . . ity for cer-

tnat is to say: tain losses.

(a) For the loss of property owned by any other party N^^n-own- than the assured unless the interc sf of the assured is stated in or upon the policy.

(h) For loss caused by invasion, in^iirn ction, riot, civil J[J,^f|tc"' commotion, military or. usurped power.

(c) Where the insurance is upon buildings or their con-^®^^*J^® tents, for loss caused by the want of good and substantial ashes, un- brick or stone chimneys; or by as'hes or embers being de- positee}, with the knowledge and consent of the assured, in

148

8

Fire heat process.

Loss while building: undergoing repairs.

liOss while petroleum, etc., stored in building.

wooden vessels; or by stoves or stove pipes beii^, to the knowledge of the assured, in an nnsafo condition or im- properly secured.

(d) For loss or damage to goods destroyed or damaged while undergoing any process in or by which the application of fire heat is necessary.

(e) For loss or damage occurring to buildings or to their contents while the buildings are being repaired by carpenters, joiners, plasterers or other workmen, and in consequence thereof, unless permission to execute such repairs has been previously granted in writing, signed by a duly authorized agent of the company, but ordinary alterations and repairs for a period not exceeding fifteen days at any one time are allowed without such permission.

(/) For loss or damage occurring while petroleum or rock, earth or coal oil, camphene. gasoline, burning fluid, benzine, naphtha or any liquid products thereof or any of their constituent parts, is or are stored or kept, within the knowledge or control of the assured, in the building insured or containing the property insured unless permission is given in writing by the company; but in dwellings a quantity not exceeding five gallons of refined coal oil and ten pounds of gunpowder, and in mercantile and manufacturing estab- lishments not exceeding five barrels of refined coal oil and one gallon in all of gasoline and benzine and fifty pounds of gunpowder and two barrels of lubricating oil (not being crude petroleum or oil of less specific gravity than required by law for illuminating purposes) is permitted without notice.

Gas explo- sion.

Lightning.

11. — (a) The company will make good loss caused by ex- plosion of coal gas or natural gas in a building not forming part of gas works and loss by fire caused by any other ex- plosion or by lightning.

(h) The company will make good any direct loss or damage by lightning to the property insured (meaning thereby the commonly accepted use of the term lightning, and in no case to include loss or damage by cvclone, tornado or wind storm) whether fire ensues or not, but if dynamos, exciters, lamps, switches, motors or other electrical appl- ances or devices are insured it is made a condition of this con- tract.

Electric lighting and ma- chines.

(c) That any loss or damage to them, such as may be caused by lightning or other electrical currents, artificial or natural, is expressly excluded, and that the company is

148

9

liable only for suoli loss or damage to them as may occur from resultant fire or fire originating outside the machines themselves.

12. Proof of loss must be made by the aseured, although fjg°/ °^ the loss be payable to a third party.

13. Any person entitled to make a claim under this policy claimant to

is to observe the following directions: — tain%roofs

of loss.

(a) He is forthwith after loss to give notice in writing to the company.

(h) He is to deliver, as soon after as practicable, as par- ticular an account of the loss as the nature of the case per- mits;

(c) He is also to furnish therewith a statutory declara- tion, declaring : That the said account is just and true ; when and how the fire originated, so far as the declarant knows or believes ; that the fire was not caused lihrough his wilful act or neglect, procurement, means or contrivance; the amount of other insurances ; all liens and incumbrances on the sub- ject of insurance; the place where the property insured, if movable, was deposited at the time of the fire.

(d) He is in support of his claims, if required and if prac- ticable, to produce books of account, warehouse receipts and stock lists, and furnish invoices and other vouchers ; to fur- nish copies of the written portion of all policies ; to separate as far as reasonably may be the damaged from the un- damaged goods, and to exhibit for examination all that re- mains of the property which was covered by the policy.

(e) He is to produce, if required, a certificate under the hand of a magistrate, notary public, commissioner for taking affidavits, or municipal clerk, residing in the vicinity in which the fire happened, and not concerned in the loss or related to the assured or sufferers, stating that he has ex- amined the circumstances attending the fire, loss or damage alleged, and that he is acquainted with the character and circumstances of the assured or claimant, and that he verily believes that the assured has, by misfortune and without fraud or evil practice, sustained loss and damage on the sub- ject assured to the amount certified.

14, The above proofs of loss may be made by the agent of f|ent ^<^ the assured, in case of the absence or inability of the assured as«">"«^- himself to make the same, such absence or inability being satisfactorily accounted for. 148

10

Effect of i5_ ^ny fraud or false statement in a statutory declara-

faise state- tion, in relation to any of tlie above particulars, shall vitiate

tnent in ^, ' . '' ^

proof. the claim.

Arbitration in case of differences.

16. If any differences arise as to the value of the property insured, of the property saved, or of amount of the loss, such value and amount and the proportion fhoreof (if any) to be paid by the company shall, whether the right to recover on the policy is disputed or not, and independently of all other questions, bo submitted to the arbitration of some person to be chosen by both parties, or if they canot agree on one per- son, then to two persons, one to be chosen by tlie party assured and the other by the company, and a third to be appointed by the persons so chosen, or on their failing to agree, then by the county judge of the county wherein the loss has hap- pened; and such reference shall be subject to the pro\nsionfi of T}ie Arbitration Act', and the reward shall, if the company is in other respects liable, be conclusive as to the amount of the loss and proportion to be paid by the company; where the full amount of the claim is awarded the costs shall fol- low the event ; and in other cases all questions of costs shall be in tihe discretion of the arbitrators.

Loss to be paid within 10 days from com- pletion of proof.

17. The loss shall be payable within ten days after the completion of the proofs of loss, unless the company fur- nishes the assured with a statutory declaration made by one of its executive officers or agents declaring that the company has made all diligent efforts and that a longer time is neces- sary to investigate the cliaracter and circumstances of the fire and of the claim, in which case payment may be de- ferred to sixty days after completion of the proofs of loss, but interest shall then be paid at the rate of six per cent, per annum on the amount of the loss from t!he date of the loss until the date of payment of the loss.

Right of company to rebuild, etc.

Right of company to cancel in- surance.

18. The company, instead of making payment, may re: pair, rebuild or replace the property damaged or lost, giv- ing notice of their intention within fifteen days after re- ceipt of the proofs herein required, and shall thereupon enter upon said premises, and proceed to rebuild or replace or repair the property with reasonable expedition.

19. The insurance may be terminated by the company by giving notice to that effect, and, if on the caslh plan, by tendering therewit^i a rateable proportion of the premium for the unexpired term, calculated from the termination of the notice; in the case of personal service of the notice, five days' notice, excluding Sunday, shall be given. Notice may be given by any company having an agency in Ontario by registered letter addressed to the assured at his last post-

148

11

office address notified to ihe company, or where no address is notified, then to the post-office of the agency from which the application was received, and where such notice is by letter, then seven days from the arrival at any post-office in Ontario shall be deemed good notice ; and the policy shall cease after such tender and notice aforesaid, and the expira- tion of the five or seven days, as the case may be.

19. — (a) The insurance, if for cash, may also be ter- Right of

' */ 3,SSlirG(l to

minated by the assured by giving written notice to that effect terminate to the company or its authorized agent, in which case the '"^"'■^"'^®- company may retain the customary short rate for the time the insurance has been in force, and shall repay to the assured the balance of the premium paid.

20. 'No condition of the policy, either in Whole or in part, NVaiyer of shall be deemed to have been waived by the company, unless

the waiver is clearly expressed in writing, signed by an agent of the company.

21. Any agent or officer of the company who assumes on Agent of behalf of the company to enter into any written agreement who to be relating to any matter connected with the insurance, shall ^'^^"^

be deemed prima facie to be the agent of the company for the purpose ; and the delivery of any interim receipt or policy or renewal receipt by an agent of the company to the assured, or his agent, shall, in every action or proceeding to recover for loss or damage by fire be conclusive evidence of the pay- ment of the premium referred to in such policy or receipt ; provided, however, that nothing herein contained shall pre- proviso, vent the company from recovering the amount of any pre- mium actually owed by the" insured, and provided that, in any such action, the company may show that any such pre- mium has not in fact been paid, for the purpose of deduct- ing the amount of such unpaid premium from the amount payable under any such interim receipt or policy.

22. Every action or proceeding against the company for Limitation the recovery of any claim under or by virtue of this policy against shall be absolutely barred, unless commenced within the '^'^'"''^"■^" term of one year next after the loss or damage occurs.

23. Any written notice to a company for any purpose of ^°j^*^|^ * the statutory conditions, where the mode thereof is not ex- may be pressly provided, may be by letter delivered at the head office of the company in Ontario, or by registered post letter addressed to the company, its manager or agent, at such head office, or by snch written notice given in any other manner to an authorized agent of the company.

148

12

Right of Insurer to survey and examine after loss.

Assured to protect property after dam- age.

Joint sur- vey and appraise- ment of loss.

24. After any loss or damage to insured property tte in- surer has, by a duly accredited agent, an immediate right of entry and access sufficient to survey and examine the pro- perty, and make an estimate of the loss or damage, but the insurer is not entitled to the disposition, control, occupation, or possession of the, insured property, or of the remains or salvage thereof, unless the insurer undertakes reinstatemeiit, or accepts abandonment of l3ie property.

25. After any loss or damage to the insured property it is the duty of the assured, when, and as soon as practicable, to secure the insured property from damage, or from further damage, and to separate as far as reasonably may be the damaged from the undamaged property, and to notify the insurer when such separation has been made, and thereupon the insurer shall be entitled to entry and access sufficient to make an appraisement or particular estimate of the loss and damage.

26. At any time after the loss or damage the insurer and the assured may, under a term of the contract of insurance or by special agreement, make a joint survey, examination, estimate, or appraisement of the loss or damage, in which ease the insurer shall be deemed to have waived all right to make a separate survey, examination, estimate or appraise- ment thereof.

In witness whereof the said (name of company) has caused this policy to be signed by its President and attested by its Secretary (or such officers as may be designated) at its head office in

Dated at this day of

Secretary.

19 President.

This policy shall not be valid unless signed by the duly authorized manager or agent of the company at

Signed this

day of 19

Agent at

Sec. 177 amended.

8. Section 177 is repealed and the following substituted therefor : —

Power to suspend or cancel license of company.

177.- — (1) If the annual statement required in sections 91 and 96 show that the total liabilities of the company ex- ceed its total cash assets ; or if it appears to the Inspector that the assets of any company are insufficient to justify its con-

148

13

tinuance of business, or that the company is unsafe for the public to effect insurance with, he shall make a special re- port on the affairs of the company to the Minister.

(2) After full consideration of the report and a reason- able time being given to the company to be heard, and if, after such further enquiry and investigation (if any) as he may see proper to make, the Minister reports to the Lieai- tenant-Governor in Council tiiat he agrees with the Insipector in the opinion expressed in his report, then, if the Lieutenant- Governor in Council also concurs in such opinion, an Order- in-Council may issue, suspending or cancelling the license of the company and prohibiting the company from doing any further business, and thereafter it shall not be lawful for the company to do any further business in Ontario, until the suspension or prohibition is removed by the Lieutenant- Governor in Council.

(3) No company shall enter into any contracts of insur- ance or reinsurance while its total liabilities exceed its actual assets without the consent of the Lieutenant-Governor in Council, and in the computation of such assets there shall not be included unpaid balances owing by agents or other companies to the company over three months due, or bills receivable on account thereof, and stocks, bonds and de- bentures held by the company and office furniture, maps and plans and real estate shall not be valued at an amount beyond their market value.

(4) If the statement required herein shows that the paid- up capital stock of the company is impaired, then no divi- dends or bonus shall be declared or paid to any shareholder or director or officer, and no dividend or bonus shall be de- clared or paid that will impair the paid-up capital, and the directors or officers concurring in declaring or paying any dividend or bonus contrary to the provisions of this section shall be individually liable to the company for the full amount of such dividend or bonus.

9. Section 180 of the said Act is hereby repealed and the see. iso following subsitituted therefor: —

180. — (1) The Inspector of Insurance shall have general inspector of supervision of the business of insurance within the Province, to supervtse and shall see that the laws relating to the conduct thereof t'Jfs'inlSs.^ are enforced and obeyed.

(2) The Inspector of Insairance, or any officer under him, shall not be interested as shareholders, directly or indirectly, witfh any insurance company doing business in Ontario.

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Ho. 149. 1911.

BILL

An Act to amend the Liquor License Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. Subsections 4, 5 and 6 of section 24 of the Act passed « Edw. vii. in the 6th year of the reign of His late Majesty King Edward subs.' 4/5 '• VIL, Chaptered 47, intituled An Act to amend the Liquor ^menaed. License Laws, are amended by striking out of said sub- Majority sections the word " three-fifths " wherever it occurs therein J!^*''^*^®^,

/^ • • n local

and by substituting therefor m every such case "a majority." option

2. Subsection 6 of section 24 of the said Act is further 6 Edw. vii.

c. 47 s. 24

amended by striking out all the words after the word " there- siibs.' e' -after " in the eleventh line of the said subsection. amended.

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No. 150. 1911.

BILL

An Act to amend the Consolidated Municipal Act

of 1903.

HIS MAJESTY by, and with the advice and consent of the Legislative Assembly of the Province of On- tario, enacts as follows:

1. Section 54T of The Consolidated Municipal Act of^ ^dw^ vn 1903, is amended by adding thereto the following words and amen'tied: paragraph :

7. "The Council of a township may on the petition of 25 Purchase "ratepayers pass a by-law or by-laws for purchasing and pro- machines. *" "curing the necessary material for operating, and for operat- "ing spraying machines for the purpose of spraying fruit "trees within the municipality and for regulating the user of "the same."

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No. 151. 1911.

BILL

An Act to amend The Municipal Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario. enacts as follows:

1. Section 389 of The Consolidated Municipal Act, ^^^^.SEdw^vii. is amended by adding the following subsection : amended.

(4) A city or town may at any meeting of the council P«^werto^^^ without submitting the same to the electors, passtures for a by-law or by-laws for borrowing by the issue of Enlarging, debentures payable within twenty years, suchf^gregistry" sums of money as may be required for erecting, °<^^^®' ®*^- building, enlarging, renewing or furnishing a registry office, and for acquiring such land as may be necessary or convenient for the purposes thereof or such sums as may be required to liquidate their share of the cost thereof.

2. Subsection 1 of section 389 of the said Act is amended 3 Edw^vn- by striking out the first six lines and substituting therefor subs', i, the following: "except where otherwise provided by this or By-laws' any other Act every by-law for raising." assem "<ff

electors — exceptions.

3. Subsection 14a of section 583 of the said Act, as en- 3 Edw. vii., acted by section 27 of The Municipal Amendment Act, 1906, Buha. i4a, ' is amended by striking out the words "or peanuts" in the first |^.^[[^®a*- and second lines, and substituting therefor the words "nuts, pro^^^ijuing ice-cream, refreshments, or condiments." rn^**ub1ic*

streets.

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No. 152. 1911.

BILL

An Act to amend The Municipal Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. Section 636 of The Consolidated Municipal Act, 190S, I eJw^ vn^ is amended by adding the following subsection: amended.

(2) The Ontario Motor League shall have the sameg^^^^/j^o^ powers with reference to motor vehicles and persons travel- Motor ling on or in them as the Canadian Wheelsmen's Association has under subsection (1) with reference to bicycles and travellers on bicycles.

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^0. 153. 1911.

BILL

All Act respecting the Temiskaming and Northern Ontario Railway,

HIS MAJESTY, bj and with the advice and consent of the Legislative Assembly of the Province of Onta/io, enacts as follows: —

1. The amount which may be paid by the Temiskaming salary of and Northern Ontario Railway to the Commissioner in^s^one™" charge of the Land Department of such railway is increased

from the sum of $1,500 per annum to the sum of $1,750

per annum, in addition to the honorarium which may be

paid to such Commissioner under The Temishaming and ^ ^^'^- ^^^•-

Northern Ontario Railway Act.

2, Subsection 2 of section 3 of The Temislcaminq and 7 Edw. vn.

• c 18

Northern Ontario Railway Act, as enacted by section 1 of s'. 3, 'ss. 2 the Act passed in the 9th year of the reign of His late amended. Majesty King Edward the VIL, Chaptered 18, is amended by striking out the figures " $1,500 " in the last line and inserting in lieu thereof the figures " $1,Y50."

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I^o. 154. 1911.

BILL

An Act to amend The Municipal Act.

1. Section 76 of The Consolidated Municipal Act, 190S, 3 Kdw.^ vn. is hereby amended by striking out clauses (fe) and (c) of amended, subsection 1. No

property qualifica- tion re- quired of candidates in cities and towns.

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ISTo. 155. 1911.

BILL

An Act to amend The Municipal Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows :

1. Sub-section 1 of Section 86, of The Consolidated Muni- z Ekiw. vii. cipal Act, 1903, is amended by striking out the figures sub-'^sec. i^' "$400" in the fourth line of the paragraph designated f^^^^^^^^-^ "thirdly," and substituting therefor, the figures "$200." of quaiitica-

•^' ° J to ^ tion of .In-

come voters.

2. Section 87 of the said Act is amended by striking sec. 87 out the 6th, 7th, and 8th lines thereof and substituting the Suction following therefor: %.^^SiIn

of voters.

In Cities and Towns $200.00

3. Sub-section 3a of section 129 of the said Act is amend- see. 129 oe od by striking out the word "statutory" in the 6th line thereof and inserting in lieu thereof, the word "solemn."

4. Sub-section 7 of Section 277, of the said Act is amend- f^^endld.^^^ ed by inserting after the word "purpose" in the fourth line ^®J®^^'"p thereof, the words "under this Act." Board of

Control.

5. The said Act, is amended by inserting therein the fol-3 Edw. vn., lowing section: ^ amSded.

534&. Wherever any city having a population of 100,000 ^xpropria-

• IT*. t • i*.iii • 1 !• • tiorior more

mnabitants or over is entitled to expropriate land in virtue land than re- of any power conferred upon it by this Act, it may acquire widening' any ])arcel or ])arcels of land any part of which may be with- '''■'■®®^^' ^^^• in 200 feet of the limit of any proposed street extension, widviii ug, opening or straightening, or of any park or play- ground, notwithstanding that no part of such parcel is re- quired for the primary object of the proceedings, and it may nfterwards soli an<] dispose of such parcel or parcels of land,

155

2

Sec. B42 6^ Clause (a) of paragraph 1 of Section 542 of the

Keguiati'ngr said Act is amended by inserting after the word "of" the

alterations i ^^ ^. j.- j • j. »

and repair words or alterations and repairs to.

of buildings.

Sec. 583, par. 10

amended q^ }jy insertiiia: after the word "alleys" in the third line there-

Preventlng t/ o _ ./ i .n

and reguiat- of, the words movinff picture shows where vaudeville per-

ing moving ' • x j j )j

picture lormances are introduced.

shows.

7. Sub-section 10, of Section 583 of the said Act is amend-

Sec. 669 (5)

amended.

Statutory

declaration

as to owner

benefited.

8. Sub-section 5, of Section 669, of the said Act is amended by adding at the end thereof the words " or may satisfy the clerk of the municipality by statutory declara- tion or otherwise as to the true owner of any real property to be benefited by the construction of any such work, or improvement."

Sec. 677 amended. Grading or re-surfac- ing as a local im- provement.

9. Section 677 of the said Act, as amended by the Act passed in the sixth year of the reign of His late Majesty, King Edward VIL, chaptered 34, section 38, is amended by adding after the word "village" in the sixth line thereof the words "or may grade any street or re-surface any pave- ment," and by inserting after the word "sidewalk" in the eighth line thereof, the words "grading, re-surfacing."

amended. ^^' Section 682, of the said Act is amended by adding

thereto the following sub-section:

Assent of electors not

(4). ISTothing in this Section contained shall require the ce?tam*^ *°^ assent of the electors to any expenditure for the laying works. Qf water" service mains and the installation of improvements

in electric lighting as local improvements by special assess- ment upon the property immediately benefited thereby."

fmendS' ^^- Section 679a of The Consolidated Municipal Act,

1903, is amended by adding thereto the following Sub-section :

Guarantee from City Engineer.

(2). In all municipalities where such guarantee is re- quired, and where the City Engineer, or other municipal authority under the by-law of such municipality, may tender for the work in competition with contractors, a like guaran- tee shall ill all instances be required by the municipality from the City Engineer, or other municipal ofiicer so tender- ing, and such engineer or officer shall in each and every case, add to the amount of his tender such sum or sums of money as may be deemed necessary to cover the cost of such maintenance.

3 Edw. vii.. 12. The Consolidated Municipal Act, 1903, is amended amended. |)y inserting therein the following section :

155

702a. By-laws may be passed by councils of couiities,^®^*®^^®^^*^^ townships, cities, towns aUd villages providing that in theoption of case of persons convicted of breach of any of the by-lawstain offences of the Corporation passed for the purpose of preventing vice, drunkenness, immorality and indecency, and for suppressing disorderly houses and 'houses of ill-fame, the convicting Magistrate may in his discretion, in lieu of a fine, sentence such offender to detention either in the common gaol, house of correction, lock-up house, or industrial farm of the county or municipality, or in any provincial prison or peni- tentiary, there to be kept until the removal of such person is ordered by the Lieutenant-Governor in Council to any other safe place of keeping, and that such offender shall remain there, or in such other place of safe keeping, as the Lieutenant- Governor in Council from time to time orders, until the discharge of such offender is ordered by the Lieutenant- Governor in Council, or by the convicting Magistrate.

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No. 156. 1911

BILL

An Act to amend The Local Municipal Telephone

Act, 1908.

HIS MAJESTY, hj and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. Section 15 of The Local Municipal Telephone Act^ Edw. vii., 1908 is amended by striking out the words "the Lieutenant- amended. Governor in Council may authorize an officer of the Depart- power ment of Public Works or of the Department of Agriculture, o^ntario°

or any other officer at the seat of Government at Toronto," ^^^^^^^ and substituting therefor the words "the Ontario Railway superintend

o V construe-

and Municipal Board shall have full power and authority." tion.

2. The said Act is amended by adding the following sec-§°^^^i°5

tion 13a: sloners.

(1) Upon a petition of a majority of the subscribers

the Council shall place the system under the supervision of a Board of three commissioners, who shall be responsible for the efficient con- struction, maintenance and operation of all plant and equipment comprising the said system and all extensions thereof.

(2) The Commissioners shall be elected at a general

meeting of the subscribers duly called for the purpose.

(3) The subscribers in general meeting assembled may

make By-laws not contrary to law or to the said Act or to this Act, to regulate : —

(a) The time at which andi place where the meetings of the subscribers shall be held ; the calling of meetings of subscribers, and the procedure in all things at such meet- ings. 156

(h) The term of service, manner of election, duties and remuneration of the Com-

missioners.

(c) The conduct of the affairs of the system.

(4) The members of the council shall have the right to attend all meetings of the subscribers and shall be entitled to vote thereat.

(2) In the event of the subscribers failing to petition the Council as provided in subsection (1), the supervision of the system shall remain in the control of the Council, which shall have full power and authority to employ such persons as it may decide to be necessary for the efficient construction, maintenance and operation of the said system, and to make all necessary expenditures in connection therewith.

(3) !N^othing contained in this section shall be held to vary or interfere with the rights of the initiating Municipal- ity in regard to the levying of any special rate or the collec- tion of all moneys which may from time to time be due to the initiating Municipality from the subscribers for repay- ment of principal and interest or the cost of operation and maintenance as provided in the said Act.

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No. 157. 1911

BILL

An Act to amend the Ontario Telephone Act, 1910.

I

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. The Ontario Telephone Act, 1910, is amended by add- J^ Edw. vii.

iug the following sections: amended.

(a) The Board may prescribe standard conditions and^*^"?,^^

conQitions

specifications for the construction and equipment of all tele- and speci- phone systems within the Legislative jurisdiction of Ontario, for con- and may make such orders for the maintenance thereof as|tc"^"°"' the Board shall from time to time decide to be necessary or desirable. Provided, however, that such standard conditions Proviso, or specifications shall not apply to the existing plant or equipment of any telephone system in course of construction, or being operated by any company or person prior to June 30th, 1911, but only to the renewal or replacement thereof whenever such renewal or replacement may become necessary as a result of depreciation or obsolescence.

(&) In prescribing the said conditions and specifications the Board shall take into consideration only such standards as in general practice may have been found necessary for the protection of life and property and for the provision of an efficient service to the public without regard to any par- ticular type of equipment or apparatus.

2. The Board may, whenever in its judgment it shall ^^^^^*^^*^® appear that such a procedure is desirable or necessary in applicants, the public interest, render to any company or person request- ing the same, such advisory, supervisory, or other assistance respecting the construction, management and operation of telephone systems, as the Board may deem advisable, and

may fix the terms and conditions under which any such assistance shall be given.

3. The Board may, whenever in its judgment it shall ^^^y^|"^^ appear that such a procedure is desirable or necessary for report upon the purpose of carrying into effect any of the provisions of the systems.

157

FurnishiniL;:

reports,

etc.

said Act, appoint or direct any person to examine and report npon the construction, operation or management of any tele- phone system within the Legislative jurisdiction of Ontario, and for this purpose such person shall have full power and authority at all reasonable hours to enter any building, office, or other premises belonging to or connected with any such sys- tem and to examine and check all books, accounts, tariffs, rates, balance sheets and other papers, records and docu- ments relating to any such system and to examine the switch- boards, instruments, toll stations arid all other property of whatsoever nature which belongs to or forms a part of such system.

4, Every company or person operating a telephone system or systems within the Legislative jurisdiction of Ontario shall on or before the first day of January in each year, or at such other times as the Board may require, furnish the 7>oard, in such form as it shall prescribe, with such statements, re- ports and retimis respecting the cost, receipts, expenditure, operation, management or equipment of such system or sys- tems as the Board may decide to be desirable or necessary.

Interchange of service.

Terms.

Prohibition of sales or trans- fers of systems without consent of Lieu- tenant- Governor in Council.

5. I*Totwithstanding anything in any Act contained, if in the opinion of the Board it becomes necessary or desirable for the purpose of effecting an interchange of service between two or more telephone systems or lines, to erect poles or wires upon the roads or highways of any village or township municipality beyond the limits of the municipality in which one or either of such telephone systems is located, the com- pany or person operating such system shall have the right to erect such poles and wires along the said roads or highways upon such terms and conditions as may be agreed upon be- tween the Council of the said village or township municipality and the said company or person, and in case the said Council and company or person are unable to agree, then upon such terms and conditions as shall be prescribed by the Board.

6. Notwithstanding anything in any Act contained, no company or person or persons owning a controlling interest in any telephone system within the Legislative jurisdiction of Ontario, shall sell or transfer such system or controlling interest therein to, or amalgamate with, or enter into any agreement or arrangement which shall, in effect, transfer the ownership or control of such system or controlling interest therein, to any company or corporation which has been de- clared to be a work for the general advantage of Canada or which is not within the Legislative jurisdiction of Ontario, until the Lieutenant-Governor in Council has approved of such sale, transfer, amalgamation, agreement or arrange- ment.

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No. 158.. 1911

BILL

An Act to amend the Ontario Election Act and the Consolidated Municipal Act, 1903.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. ^Notwithstanding anything contained in The Ontario Femaio Voters List Ad, The Ontario Election Act, and The Con- ^"^''^^^• solidated Municipal Act, 1903, every married woman, un- married woman and widow of the age of twenty-one years and being a British subject, shall be entitled to vote at Municipal elections, and at elections for the Legislative Assembly of this Province, and enjoy all the rights and privileges of franchise and representation held by male voters, subject only to the provisions of residence in thee. 2. Province and in the Municipality and Electoral District i ^^' ^^^" respectively, as in the case of male voters. c.^18^' ^^^■'

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No. 159. 1911

BILL

An Act to amend the Consolidated Municipal Act,

1903.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : —

1. Subsection 1 of section 331 of The Consolidated Murd-l ^^-g^H cipal Act, WOSj, is amended by striking out all that part of d). ' the subsection following the word "into" in the 13th line, and substituting in lieu thereof the words "until the assent franchise of the electors has been obtained in conformity with the pro-g^lnted^ visions of sections 338 and following sections of the said ^**^°^*qj Act." electors.

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No. 160. 1911,

BILL

An Act to amend The County Courts Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows :

1. Subsections 1 and 2 of section 22 of The County lo Bdw. vii Courts Act are repealed and the following substituted there- (b and (2),

£q_ . amended.

(1) (cu) Actions arising out of contract, expressed or jurisdiction implied, where the sum claimed does not exceed $2,000.

(b) Personal actions, except actions for criminal con- versation and actions for libel, where the sum

[( claimed does not exceed $1,000.

i

I (c) Actions for trespass or injury to land where the

it sum clairaerl does not exceed $1,000, unless the

Ij title to the land is in question, and in that case

d also where the value of the land does not exceed

\ $5,000 and the sum claimed does not exceed that

t; amount.

1 (d) Actions for the obstruction of or interference

J, with a right of way or other easement where the

I sum claimed does not exceed $1,000, unless the

I title to the right or easement is in question, and

I in that case also where the value of the land over

f which the right or easement is claimed does not

exceed that amount.

(e) Actions for the recovery of property real or per- sonal, including actions of replevin and actions of detinue where the value of the property does

not exceed $1,000. 160

(/) Actions for the enforcement by foreclosure or sale or for the redemption of mortgages, charges or liens, where the sum claimed to be due does not exceed $2,000.

{g) Partnership actions where the joint stock or capital of the partnership does not exceed in amount or value $5,000.

Qi) Action® by legatees under a will for the recovery or delivery of money or property bequeathed to them where the legacy does not exceed in value or, amount $2,000 and the estate of the testator does not exceed in value $5,000.

{%) All other actions for equitable relief whore the subject matter involved does not exceed in value or amount $1,000, and

{]) Actions and contestations for the determination of the right of creditors to rank upon insolvent estates where the claim of the creditor does not exceed $2,000.

jurisdiction C^) Where a defendant intends to dispute the juris-

ant.^*^^^"**' diction of the Court on the ground that the

action, though otherwise within the proper com- petence of the Court, is not within it because of the amount claimed or of the value of the property in question or of the amount or value of the subject matter involved, or, in the cases men- tioned in clauses {g) and (/^) of subsection 1, be- cause the joint stock or capital of the partnership exceeds in amount or value ^5,000, or the estate of the testator exceeds in value $5,000, he shall in his appearance state that he disputes the juris- diction of the Court and the ground upon which he relies for disputing it; and in default of his 80 doing, unless otherwise ordered by the Court or a Judge, the question of jurisdiction shall not afterwards be raised or the jurisdiction be brought in question.

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BILL

1911.

An Act to amend the Assessment Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of On- tario, enacts as follows : —

1. Subsection 7 of section 2 of The Assessment Act is4Edw. vii., amended by inserting after the word " shall " at the end of amended.^' the first line thereof the words " except as provided in sec- tion 2a."

2. The Assessment Act h amended by adding thereto the 4 Edw. vii. following sections : — aminded.

2a. Where the words following occur in sections 4a to 4e interpreta- both inclusive and as applied to any municipality in which a By-law passed pursuant to section 4a is for the time being in force, wherever elsewhere they occur in this Act or the schedules hereto, they shall be construed in the manner hereinafter mentioned, unless a contrary intention appears :

1. " Land," " Real Property " and " Eeal Estate " •• Land." shall include: pSperty,"

" Real Estate."

(a) Land covered with water;

(fe) All mines, minerals, gas, oil, salt,

quarries and fossils in and under land.

161

2. " Improvements " shall include :

(a) All buildings, or any part of any build- ing and all structures, machinery and fix- tures, erected or placed upon, in, over, un- der, or affixed to, land; (fe) All structures and fixtures erected or placed upon, in, over, under, or affixed to any highway, road, street, lane or public place or water ;

" Improve- ments."

(c) All trees and underwood growing upon land.

Assessment of lands and improve- ments.

4a. (1) In any municipality the council of which by By-law so provides there shall for the purposes of levying of taxes or rates be two classes of assessments, as follows: — (a) Lands;

(&) Improvements, income, business and all assessments other than lands.

(2) There shall in such cases be two rates of taxation, one a higher rate, on lands, and the other, a lower rate, on improvements, income business and all assessments other than lands.

By-law to be approved of by rate- payers.

46. 'No By-law passed pursuant to the provisions of section 4a shall be effective unless it receives the votes of not less than two-thirds of the council on the final passage thereof; or unless it receives the assent of the ratepayers before the final passing thereof.

Petition for sub- mission of by-law.

4c. Where a petition signed by at least one per cent, of the ratepayers of any municipality is filed with the Clerk on or before the 1st day of December in any year the council shall submit a By-law such as is referred to in section 4a hereof to the ratepayers at the next ensuing municipal election.

Council to determine rates.

4:d. Where in any municipality a By-law is adopted pursuant to the provisions of section 4a hereof the council shall by By-law determine the rela- tive rates of taxation of the two classes of assess- ment.

Repeal of by-law.

4e. !N"o By-law passed pursuant to the provisions of section 4a shall be repealed without the assent of the ratepayers.

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BILL

An Act to amend the Consolidated Municipal Act, 1903. *■

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

(1) Section 510 of The Consolidated Municipal Act, 1903, 3 Edw. vii., is repealed, and the following section substituted therefor: Repealed. ^^°'

510. Where a city or separated town has before the where 1st of July, 1897, been paid by the county, after the separa- paVd amount tion, for its interest in such court-house, jail or in a house ?own*s^ "'^ of correction or registry office, and where the city or town j.^^®^^^* ^" has not erected separate buildings, the award shall determine buildings, what sum, if any, shall be annually paid to the county, as the share or contribution of the city or town for or in respect of its use of such court-house, jail, house of correction or registry office, or for or in respect of any enlargement or improvement made thereto by the county after the separation, after crediting to such city, or separated town, the sum to be paid by such city or separated town to the county under Section 511 of this Act. But no award shall provide for the purchase by the county from a city or town not separated from the county for judicial purposes of the interest of such city or town in such buildings or in the enlargement or improvement thereof.

162

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No. 163. 1911.

BILL

An Act to amend The Municipal Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assemhly of the Province of Ontario, enacts as follows: —

1. Section 569 of The Consolidated Municipal Act, 190S, s Edw. vii., is amended by adding thereto the following paragraph: amended. '

' 9. For providing that the reels, engines and vehicles Fire reels to of the Fire Department shall have the right of of way on way on the streets and highways while pro- ^*^®®*^^' ceeding to a fire or answering a fire alarm call."

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No. 164.

1911.

BILL

An Act to amend the Assesment Act.

HIS MAJESTY, by and with the advice and consent of Legislative Assembly of the Province of Ontario, enacts as follows: —

1. Section 22h of The Assessment Act. as enacted by sec- 4 EtJw. vii., tion 40 of Chapter 88 of the Acts passed in the 10th year of amended. His late Majesty's reign, is amended by inserting after the ^f^Und"**"^ word " section " in the seventh line the words " or the lands ^" ^*°^ of any person which are not situate in any school section."

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No. 165. 1911.

BILL

An Act to amend The Voters' Lists Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assemhly of the Province of Ontario, enacts as follows: —

1. Section 15 of The Ontario Voters' Lists Act is amended J ^<^^- ^^i- by inserting therein the following subsection : amended.

(2a.) A person whose name is entered on any part of complaint the list and who ceases to possess the qualification name^^'on'^ entitling him to be so entered before the time for \^^^^ quaii- giving notice of ^appeal to the judge has expired, ^cation, shall, on complaint being duly made under sec- tion 17, be deemed to be wrongfully entered on the list and, subject to the provisions of section 19, his name shall be removed "therefrom.

2, Subsection 1 of section 17 of the said Act is amended ' Edw. yii.

c. 4 s. 7,

by inserting after the word " list " in the 2nd line the words : sub's, i,

amended.

"or complaining that any person whose name is who may entered thereon has ceased to possess the qualifi- ^o^udge! cation in respect of which his name is so entered or that any person whose name is not entered on the list has acquired the qualification necessary to entitle him to have his name entered."

165

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No. 166. 1911.

BILL

An Act respecting the Destruction, by Constables and others, of Injured Animals.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. This Act may be cited as The Injured Aniiiiuh Act. imp. Acts.

•^ •' 57-58 Vict^

ch. 72.

2. Where a police constable, or the inspector of an incor- Duty of porated humane society or society for the prevention of stable or i»- cruelty to animals, finds any large animal, such as a horse^ ^here "^larg* cow, sheep or hog, so severely injured that it cannot without tou™<j* ** cruelty be led away, he shall, if the owner refuses to consent '^^J^^^^

to the destruction of the aiiimal, or is absent, at once summon a veterinary surgeon, if any such surgeon resides or can be found within a reasonable distance, or, if no such surgeon can be obtained, then two reputable citizens, and if it appears by the certificate of such surgeon or by a statement signed by such two citizens that the animal is, or appears to be^ mortally injured or so severely injured that it is cruel to keep it alive, it shall be lawful for such police constable or inspector, without the consent of the owner, to kill or cause to be killed the said animal with such instrument or instru- ments or appliances, and with such precautions and in such a manner as to inflict as little pain and suffering as possible.

3. If any large animal, as mentioned in section 2, be ^j'^^jf, ^||^** found to be diseased, disabled from disease, or wandering at found dis- large in a disabled condition, or abandoned, or left to die wandering: in any street, road, commons or public place, it shall be the or aba^ duty of any police constable or inspector, as mentioned in^°"*^- section 2, to make a reasonable attempt to ascertain the owner

of such animal, and, if such owner cannot be found, or, if

found, refuses to give his consent for the killing of such

animal, then the said constable or inspector shall proceed

in the manner set forth in section 2. 166

Animals run 4. Where auy large animal, as specified in section 2, shall way trains, be run over by, or injured by or in, any railway train, so that such animal is severely injured or mortally mutilated, as mentioned in section 2, it shall be the duty of the con- ductor of such train to report the occurrence to the nearest station agent of said railway, who shall forthwith notify the nearest police constable or inspector, as mentioned in section 2, who shall then proceed in the manner prescribed in said section 2.

How ex- 5. The reasonable expenses which may be incurred by any

to^be^de-'^^ police Constable or inspector in or in connection with the frayed. taking of the said proceedings and the killing of such animal

and in the removing or disposing of its carcass, if the owner refuses to remove or dispose of the same, may be recovered from the owner or from the railway company, as the case may be, as a civil debt, or the same may be recovered from the municipality within which such animal was found and destroyed, and the said municipality may recover the same from the owner thereof or from the railway company as the case may be.

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No. 166. 1911.

BILL

An Act respecting the Destruction, by Constables and others, of Injured Animals.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follo-Fs: —

1. This Act may be cited as The Injured Annmrls Act. imp. Acts,

•^ ■' 57-58 Vict.,

ch. 72.

2. Where a police constable, or the inspector of an incor- Duty of porated humane society or society for the prevention of stable or la- criielty to animals, finds any horse so severely injured that where ""large it il^^would, in his opinion, be cruel to allow the horse foun^d^ ^ to live,'^^^ he shall, if the owner refuses to consent tof^j^^^^f the destruction of the animal, or is absent, at once summon

a veterinary surgeon, if any such surgeon resides or can be found within a reasonable distance, or, if no such surgeon can be obtained, then two reputable citizens, and if it appears by the certificate of such surgeon or by a statement signed by such two citizens that the animal is, or appears to be, J^^incapable of being so cured or healed as' to live there- after without suffering, '^^S it shall be lawful for such police constable or inspector, without the consent of the owner, to kill or cause to be killed the said animal with such instru- ment or instruments or appliances, and with such precautions and in such a manner as to inflict as little pain and suffering as possible.

3. If any horse is abandoned, or left to die in anywhere larsr*

8,nini8il 1b

street, road, commons or public place, it shall be the found dis- duty of any police constable or inspector, as mentioned in w^a^nderfiig section 2, to make a reasonable attempt to ascertain the owner or aban* of such animal, and, if such owner cannot be found, or, if <ioned. found, refuses to give his consent to the killing of such horse, then the said constable or inspector shall proceed in the manner set forth in section 2.

166

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ove™by ran" ^' Where any large animal, J^^such as a horse, cow, way trains, sheep or hog, is severely injured*^^! by any railway engine or train, the conductor of the train shall report the occur- rence to the nearest station agent of the railway, who shall forthwith notify the .2^^ owner if possible and the*^^! nearest constable, |f^ who shall proceed as provided by section 2/

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No. 167. 1911.

BILL

An Act to amend The Ontario Game and Fisheries

Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, onacts as follows: —

1. The clause lette-red " G " in subsection 1 of section 11 '^ ^f^-^ ^i^- of The Ontario Game and Fisheries Act, as amended by subs.' i' (gr). subsection 4 of section 1 of the Act passed in the 10th year of the reign of His late Majesty King Edward VIL, chap- tered 101, is repealed and the following substituted there- for:—

(^f) Duck of any kind in the County of Essex or the open season County of Kent, except from the 15th day of other^wafer October to the 15th day of December in any Essex^^a year, both days inclusive, or duck of any kind in ^^nt any other part of Ontario, or any other water- fowl wherever found, except from the 15th day of September to the 15th day of December in any year, both days inclusive.

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No. 168. 1911.

BILL

An Act to amend The Surrogate Courts Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. Notwithstanding anything contained in section 69 of ^"^•^'"of" The Surrogate Courts Act, any person having a claim or claims demand against the estate of a deceased person which, if it estates in were a claim or demand against a living person, might be couH;.°" enforced in a Division Court, may bring suit for the enforce- ^o Edw. ment of such claim or demand against the personal represen- '^^^- °- '^ tative of the deceased in the proper Division Court.

Provided that if notice of contestation of such claim or Proviso, demand has been given as provided by the said section, the claim or demand shall be forever barred unless such suit shall be commenced within thirty days after the receipt of the notice, and,

Provided that nothing herein contained shall confer any Proviso, right to enforce a claim or demand which would not have been enforceable under the said section.

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No. 168. 1911.

BILL

An Act to amend The Surrogate Courts Act.

HIS MAJESTY, hj and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

J!!^"l. Section 34 of The Surrogate Courts Act is amended J*' g^*^^- Jl^- by adding the following subsections i^^^^I amended.

(5) An apj)eal shall also lie from any order, decision or Appeal from determination of the Judge of a Surrogate Court accounts, on the taking of accounts in like manner as from the report of a Master under a reference directed by the High Court, and the practice and pro- cedure upon and in relation to the appeal shall be the same as upon an appeal from such a report. '"^D

(6) Subsections 2 and 8 shall not apply to the appeal provided for by subsection S.^^^l

Section 60 of the said Act is hereby repealed andl^g^^^^^ the following substituted therefor r*^^!

JI^^"69. — (1) Where a claim or demand is made against ^jf^testinff the estate of a deceased person which, in the opin- claims

- , . , ^ . .' . ^ . made.

ion OT nis personal representative, is im^ust, m whole or in part, or where such personal repre- sentative has notice of such a claim or demand, he may, at any time before payment serve the claimant with a notice in writing that he con- tests the same in whole or in part, and, if in part, stating what part and also referring to this sec- tion. ""^S

"(2) Subject to the provisions of subsection 3, the claim- ^PPf^J:^|^V,,"" ant may thereupon apply to the Judge of the^J'owi"8 Surrogate out of which the probate or letters of

168

aJmiiiisitration of the estate issued for an order allowing his claim and determining the amount of it, and the judge shall hear the parties and their witnesses and shall make such order upon the application as he may deem just, and if he does not make such application wathin thirty days after receiving the notice or within such further time as the Jnclge either before or after the expiration of the thirty days may allow, he shall be deemed to have abandoned his claim, and the same shall be forever barred.*^^!!

Claim within jurisdiction of Division Court.

"(3) Where the claim amounts to not more than $100 and is otherwise within the jurisdiction of the 'Division Couj't tlio ap])li('ation -luili be iii:m1c to a Judge of a Division Court in which an action for the recovery of the claim might be brought, and shall be heard by the Judge at the sittings of such Court unless the claimant and the personal representative consent to the application being made to the Judge of the Surrogate Court and in that case the application may be made to him.^"^!!

Notice in sucti case.

■(4) E^ot less than seven days notice of the application shall be given to the personal representative, and where the application is to be made to the Surro- gate Court Judge, shall also be given to the Official Guardian if infants are concerned, and to such, if any, of the persons beneficially inter- ested in the estate as the Judge may direct. "^^^

Right of persons in- terested to be heard.

"(5) Where the application is made to the Judge of the Surrogate Court, in addition to the persons to whom notice given any other person who is interested in the estate shall have the right to be heard and to take part in the proceed- ings. ""^I

Appeal from

surrogate

Judge.

"(6) If the amount of the claim or the part of it which is contested exceeds $200, an order of the Judge shall be subject to appeal as provided by subsec- tion 5 of section 34, and the order, unless re- versed on appeal and as varied if varied on ap- peal, when filed in the County Court of the county shall, irrespective of the amount of the claim, become and may be enforced in like man- ner as a judgment of that Court. "^1

168

"(7) Where the claim or the part of it which is contested Action may

• . be decided

amounts to $800 or more, instead of proceeding to be brought as provided by this section, the Judge shall, on$^8oo^or^ ^^ the application of either party, or of any of the "^■^''^• parties mentioned in subsection 5, direct the creditor to bring an action in the High Court foi' the recovery or the establishment of his claim on such terms and conditions as the Judge may deem just. '''^11

"(8), The order of the Judge of a Division Court shall Effect of have the effect of, and may be enforced in likedfvision manner as a judgment of that Court. "^^1 court judge.

"(9) Where the claim amounts to not more than $100 costs when and . is otherwise within the jurisdiction of the wUMn Division Court, the fees and costs shall be ac- ^q^,^^^/°" cording to the tariff of that Court, and in other n'ris^iction. cases the fees payable to the Judge of the Surro- gate Court and to the Registrar shall be the same as are allowed on an audit in an estate of a value equal to the amount of the claim or so much thereof as is contested. '''^2

"(10) Where an appeal lies as provided by subsection Rig-^t of 6, if the personal representative does not appeal Pnt^eTe^ted from the order, the Official Guardian or any •" appeal, person beneficially interested in the estate may by leave of a Judge of the High Court appeal therefrom. '''^^

"(11) Where the personal representative appeals, the ^^g^^^j^*'?^. Official Guardian and any person beneficially iii" be'^^j^gard*" terested \n the estate may by leave of the Court on appeal. which hears the appeal appear and be heard in support thereof. "^^1

"(12) The provisions of this section shall apply not- Ji^Se."''* withstanding that the claim or demand is not presently payable and that for that reason an action for the recovery of it could not be brought and in such a case the order of the Judge shall not be enforceable by execution until the claim or demand becomes payable."'^^S

168

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No. 169. 1911.

I

BILL

An Act respecting Education for Industrial Purposes

HIS MAJESTY, bj and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. This Act may be cited as The Industrial Education short Title. Act.

2. In ^is Act Interpreta-

tion.

(«■) "Board" shall mean and include a Board of Edu-" " Board." cation, a Board of High School Trustees, and a Board of an Urban ContinTiation School;

(6) "Department" shall meaai Departnient of Education; '^^nf"*^*"

(c) "Minister" shall mean Minister of Education; "Minister."

{d) "Regulations" shall mean regulations made under " Reguia- the authority of The Departmeni of Education Act. tions.'

3. — (1) Part I. shall apply to all Art, Industrial, or Application Technical Schools, or departments thereof, heretofore eStab- °^ '^*^*' lished under Act« of the Legislature respecting High Schools and Technical Schools, and in operation at the time of the passing of this Act, and to the schools hereafter established under Part I. of this Act.

(2) Part II. shall apply to agricultural and' commerdal Agricultural departments of schools or commercial High Schools hereto- ciai depart- fore or hereafter established under the regulations of the "^®" ^' Department.

PART I.

Industnalj Technical and Art Schools.

4. With the approval of the Minister, a High School classes of

Board or a Board of Education of any City, Town or Village, which ^ may

or an T"^rbail Continuation School Board', may provide for Klhed*^^' 169

the instruction of duly admitted pupils in the following classes of schools :

General In- QN General Industrial Schools for instruction in such

dustrlal v/ .«, ,.

Schools. subjects as may form a basal preparation lor the trades, in- cluding work-shop practice, with correlated drawing, English, and practical mathematics and science, and continuing the essential subjects of a good general education.

dSltrSi'^"' (2) Special Industrial Schools, providing for instruction

Schools. [j^ ii^Q theoretical and practical work of particular trades

carried on in the City, To^vn or Village, and when deemed

desirable in the essential subjects of a good general education.

HiSSois. (3) Technical High Schools and departments of High Schools for the training of duly admitted High School pupils for minor directive positions in industrial establishments.

Co-operative

Industrial

Schools.

Art Schools.

(4) Co-operative and Industrial Schools in which, during part of the week and under such conditions as may be agreed upon between the Board and the employer: (a) apprentices, whether articled or not, employed in the workshops may receive in school instruction bearing upon tbeir trades; and (b) pupils attending school may receive practical instruction in the workshops.

(5) Schools for instruction in the Fine and Applied Arts.

fJhoobf for (6) Industrial, Technical, and Art Evening Schools, in workmen which workmen and workwomen employed during the day

and work- . . . ^, V . • • al •

women. may receive theoretical and practical instruction m tneir trades.

Admission of pupils to schools.

Advisory Committee, how com- posed.

5. Subject to the regulations and with the approval of the Advisory Industrial Committee hereinafter provided for, pupils may be admitted to a special or a general industrial scbool by the Principal thereof, from the 4th Form of the Public or the Separate School, upon the recommendation of the Principal of such school.

6. — (1) Every Technical School heretofore established and now in operation and every school established under section 4 of this Act shall be under the management and con- trol of a Committee composed of twelve persons, the members of which shall be appointed by the Board upon the nomina- tion of the Chairman as follows : —

(a) Six members of the Board, including one repre- sentative of the Board of Public School Trustees

189

and one representative of tlie Board of Separate School Trustees, if any;

(&) Three persons not members of the Board who are engaged as employees in the manufacturing or other industries carried on in the local muni- cipality or in the county in which the school is Siituate; and

(c) Three other persons not members of the Board who are employers of labour or directors of com- panies employing labour in manufacturing or other industries carried on in the local muni- cipality or in the county in which the school is situate.

(2) The Committee appointed under subsection 1 shall be Advisory in- known as the Advisory Industrial Committee. committee.

7. — (1) In a municipality where there are more than one Number of of the schools established under section 4 of this Act, a ^°"^"^>"^® '• separate Advisory Industrial Committee may be appointed for each school, or the Board may place two or more of such schools under one Committee.

(2) Where two or more Committees are appointed, the who may members appointed from the Board or any of them may be more t°han appointed to more than one Committee, but no person ap- t"e! '^°'^""*' pointed under clauses (&) and (c) of the next preceding section shall be appointed to serve on more than one Com- mittee.

8. — (1) The twelve members of the Advisory Industrial Appointment Committee shall be appointed at the meeting of the Board at "f commit- which a school is established under this Act. *®®-

(2) The members of the Committee appointed at such ^^""*'® o^ meeting under clause (a) of subsection 1 of section 6 shall members hold office until the first meeting of the Board in the next members of

following year. committee.

(3) One of the members appointed under clause (&'> <^^offlce'of"^ subsection 1 of section 6 and one of those appointed under other mem- clause (c) of subsection 1 of section 6 shall be appointed to

hold office until the firsit meeting of the Board in the n<?xt following year; one of each class shall be appointed to hold office until the first meeting in the second year following that in whidh they are appointed, and one of each class to hold office until the first meeting in the third year following that in which he is appointed.

169

Filling ^4i) The Baard at its first meeting in eadh year after the

caused by establishment of the school shall appoint a sufficient number

remen . ^^ members from each class to fill the vacancies caused by

the expiry -of the term of office of members of the Committee

appointed from that class.

i^iiii^gj other (^5^ Every vacancy upon the Committee occasioned by death, removal or other cause shall be filled by the appoint- ment by the Board upon the nomination of the Chairman of some person from the class in which the vacancy occurs, and every person so appointed shall hold office for the un- expired portion of the term of the member whose seat became vacant.

of"^memS ^- The members of the Advisory Industrial Committee ^ot^ap^oint- appointed under .clauses (b) and (c) of subsection 1 of sec- Board, tion 6 shall be British subjects and resident ratepayers of the local municipality or in the county in wihich the school is situate for which they are appointed, and shall be persons who, in the judgment of the Board, are specially competent to give advice and other assistance in the management of the schools under charge of the Advisory Industrial Committee.

Ctommitt^^ 10, — (1) Subject to the approval of the Minister and the Board, every Advisory Industrial Committee shall have authority: (a) to provide a suitable site and building and suitable equipment; (6) to arrange for conducting the school or any classes thereof in a High, Public or Continuation School or other building in the municipality; and (c) to prescribe courses of study and provide for examinations and diplomas.

Powers sub- (2) Subject to the approval of the Board, every Advisory ■p1-ovai ^ot Industrial Committee shall have authority: (a) to employ Board. ^^^ dismiss teachers and fix their salaries; (&) to visit and

report on the school or schools in its charge; (c) to fix the fees payable by pupils in attendance ; (d) to submit annually during the month of January to the Board an estimate of the amount required to carry on the work of the school during the ensuing year; and (e) generally to do all other things necessary for carrying out the true object and intent of this Act with respect to any school which may be estab- lished thereunder.

Provision 11. Subject to the regulations, the cost of establishing

schooi°^ ° and maintaining every school established under section 4

of this Act shall be provided in the same manner as in the

case of a High School.

^pportjon- ^ 12. Snbject to the regulations, the Minister shall appor- isiative tion all sums of money appropriated by the Legislature for

grant. ^gj

the establishment and maintenance of schools establi^ed under section 4 of this Act.

1)3. The regulations may provide as to any cluss of sefhools Reguiatteua. established under this Act for (1) the qualifications of teachers; (2) the courses of study; (3) the character of the site, accommodations, and equipment ; (4) the maximum and minimum fees that may be charged to pupils; and (5) generally as to any matter relating to the conduct and ^f^- ^ency of the schools not herein expressly provided for.

PART II.

AgrieuU'ural and Commercial Departments and Com,mercial High Schools.

14. — (1) Where, in accordance with the regulations, a committees Commercial High School has been heretofore or is hereafter ment^for*^*" established, or where an Agricultural or Commercial Depart- Agricultural ment has been heretofore or is hereafter established, in a merciai De- High or Continuation School, the Board having control of and"(fom- such department or school shall appoint for each agricultural ^photfis"'^'^ department and each commercial department or commercial High School, a Committee of Management, consisting in each case of eight persons nominated by the Chairman of the Board, (a) four of whom shall be members of the Board, including one representative thereon of the Board of Public School Tnuetees and (me of the Board of Separate School Trustees if any; and (&) four otftier persons, resident rate- payers of the local municipality or of the county in which the school or department is situated, but not memher* of the Board, each appointee being also a British STihject of the full age of twenty-one years and actually engaged in agriculture or commercial pursuits, and, in the judgment of the Board, competent to advise and give ofher assistance in the manage- ment of the departments or schools.

(2) Such Ciommittees shall be respectively known as the how Advisory Agricultural Committee and the Advisory Com-*^®'^'^"^*®*^- merciai "Committee.

(3) Two of the members of the committee not members of Appointment the Board shall be appointed to hold office until the first of office, meeting of the Board in the next following year, one shall be appointed to hold office until the first meeting in the second

year following, and one to hold office until the first meeting in the third year following, and save as aforesaid the pro- visions of this Act as to the appointment and term of office and the filling of vacancies among the members of an Ad- 169 . .

6

visorj Industrial Committee eiiall apply to a Committee appointed under subsection 1 of ttis section.

Powers of Committee.

15. Subject to the approval of the Minister and the Board, every Advisory Agricultural Committee and every Advisory Commercial Committee shall have authority to prescribe courses of study and provide for examinations and diplomas ; and, subject to the approval of the Board, (a) to visit and report on the school or department under its charge ; to pro- vide accommodations, equipment and supplies; (&) to fix the fees payable by pupils in attendance; (c) to submit annually during the month of January to the Board an estimate of the amount required to carry on the work of the school or depart- ment during the ensuing year; and (d) generally to do all other things necessary for carrying out the true object and intent of Part II. of this Act.

9 Edward VII., c. 80, amended. loWS I

16, — (1) The Public Lihrdries Act is amended as fol-

S. 8, subs. 3, amended.

S. 8, subss. 5 and 6, repealed.

S. 9, subs. 1. amended.

(a) By striking out all the words in subsection 3 of section 8 after the word " village " in the 4th line.

(h) By striking out subsections 5 and 6 of section 8.

(c) By striking out the words " museum, evening classes and art school " in the 5th line of sub- section 1 of section 9 and inserting the words " and museum " in lieu thereof.

S. 10, cl. (c), amended.

{d) By striking out the words "museums, evening classes and art schools " in the 2nd and 3rd lines of clause (c) of section 10 and inserting the words " and museums " in lieu thereof.

S. 27, re- pealed.

(e) By striking out section 27.

S. 32, amended.

(/) By striking out the words " museum, art school, or any class in connection therewith" in the 2nd and 3rd lines of section 32 and inserting the words " or museum " in lieu thereof.

(2) The Act respecting Technical Schools is repealed.

(3) Paragraphs 10 and 11 of section 587 of The ('ni\

Rev. Stat., c. 301, re- pealed.

3 Edw. VII,

c. 19, s. 587, ,-.-•■,,, 11

pars. 10, 11. aohdated Municipal Act, 1903, are repealed.

repealed. '

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m. lYO. 1911.

BILL

An Act to amend the Legislative Assembly Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. The sections 68 to T2 inclusive and section 74 of The 8 Edw. vii. Legislative Assembly Act are hereby repealed and the follow- 72, '74 " ing sections respectively substituted therefor: repealed

INDEMNITY TO MEMBERS.

68. In every Session of the Assembly there shall be allowed Allowance to each member attending the Session for each for attend-

day's attendance, if the Session does not extend beyond thirty session!^ ^"^ days, and if the Session extends beyond thirty days then there shall be payable to each member attending such Session a sessional allowance of $1,400.

69. — (1) A deduction at the rate of per day Deductions

shall be made from his sessional allowance for every day on attendance, which a member does not attend sittings of the Assembly, or of some Committee thereof in case the Assembly sits on such days, but each day during the Session, after the first on which what shaii the member attends on which there has been no sittings of as days of the Assembly, in consequence of its having adjourned over^ ^^ ^"°®' the day or on which the member is travelling bona fide on his way to the place where the Session is held, for the purpose of attending a sittings of the Assembly or on which the member was in the place where the Session was held, or within ten miles thereof, but was prevented by sickness from attending the sittings shall be reckoned as a day of attendance at the Session.

(2) iN'o deduction shall be made for or on account of the when necessary absence of a member, so long as such absence does not"to be not exceed days during the Session. aifsence°'^

170

Allowance YQ. A member shall not be entitled to the sessional allow-

thirty-one ance for less than thirty-one days' attendance, reckoned as att^idance. aforesaid, but his allowance for any less number of days stall be for eacli day's attendance.

Com ensa- ^^- ^^^ compensation may be paid from time to time as

tion shall be the member becomes entitled to it, to the extent of

paya e. for each day's attendance, and the remainder shall be retained

by the Clerk until the close of the Session, when the final

payment shall be made.

Where a per- 72. If a person is from any cause a member of the As-

son is 3-

member for seniblv for a part only of Session, then in case he is a member the^se*ssIon! for upwards of thirty days during the Session, he shall be entitled to the sessional allowance, subject to the deduction for non-attendance as a member and also to a deduction of for each day of the Session before he was elected or after he ceased to be a member ; but if he is a member for thirty days or less, he shall be entitled only to for each day's attendance at the Session whatever be the lengtli thermf.

I<'inai pay- Y4. The sum due to every member at the close of a Session close of ses- shall be paid to him on his taking and signing before the sion. Clerk or Accountant or a Justice of the Peace an oath to be

taken *" ^^ kept by the Clerk, stating the number of days attendance and by members. ^]^^ mileage according to the shortest mail route as deter- mined and certified by the Speaker, and the amount of the allowance after deducting the number of days (if any) which are to be deducted under any preceding section and the oath may be laocording to Form 3.

c. 5, form 3 2, The following Form is substituted for Form 3, referred repealed. ^^ -^ Section Y4 of. the said Act:

FORM 3.

(Referred to in Section 74.) Oath to Obtain Sessional Allowance.

I, A. B., a member of the Legislative Assembly, make oath and say that I reside at in which is

distant by the shortest mail route miles as determined

by the Speaker from Toronto, where the Session which began on the day of 19 was held. That the

first day during the said Session on which I was present was the day of 19 . That on the said

day and on each day of the said Session, after the said day on which there was a sittings of the Assembly, I attended such sittings or a sittings of some Committee thereof, (a) except only on diays, (6) on of wihlch I was travelling I)ona fide om

170

my way to the place where the Session is held for the purpose of attending a sittings of the Assembly, and (c) on of

wihich I was prevented by sickness from attending, though I was then present at the said City of Toronto, or within ten miles thereof.

(Signature) A. B. (d) Sworn before me at the day of 19

L. K. C, Clerk (or Accountant) of the Legislative Assembly, or Justice of the Peace for the of

(as the case may be).

ISTOTE.

// the member attended a sittings of the Assembly or of some Committee, on every sitting day after the first on which he so attended, omit the words from (a) to (d), and if his non-attendance wo^ not on any day occasionvd by travelling as therein set out or hy sickness, omit the words from (b) to (d).

If the person making the oath became or ceased to be a member after the commencement of the Session, vary the form so as to state correctly the facts upon which the sum due to the member is to be calculated.

170

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No. 170. 1911.

BILL

An Act to amend the Legislative Assembly Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. The sections 68 to 71 inclusive and section 74 of The 8 Edw. vii., Legislative Assembly Act are hereby repealed and the follow- 72, '74^" ing sections respectively substituted therefor: repealed

INDEMNITY TO MEMBEES.

68. Li every Session of the Assembly there shall be allowed Allowance to each member attending the Session $20 for each day's for Attend" attendance, if the Session does not extend beyond thirty leslion.* ^°^ days, and if the Session extends beyond thirty days then there shall be payable to each member attending such Session a sessional allowance of $1,400.

69. — (1) A deduction at the rate of $15.00 per day Deductions shall be made from his sessional allowance for every day on attendance. which a member does not attend sittings of the Assembly, or of some Committee thereof in case the Assembly sits on such days, but each day during the Session, after the first on which what shaii the member attends on which there has been no sittings of as days of the Assembly, in consequence of its having adjourned over ^"^"^^"'^®" the day or on which the member is travelling bona fide on his way to the place where the Session is held, for the purpose of attending a sittings of the Assembly or on which the member was in the place where the Session was held, or within ten miles thereof, but was prevented by sickness from attending the sittings shall be reckoned as a day of attendance at the Session.

(2) TTo deduction shall be made for or on account of the when necessary absence of a member, so long as such absence doesnot^t'o'be not exceed six days during the Session. absenca"^

170

2

compensa- '^^' '^^^ Compensation may be paid from time to time as

Hon shall be the member becomes entitled to it, to the extent of $20

for each day's attendance, and the remainder shall be retained

by the Clerk until the close of the Session, when the final

payment shall be made.

71. If a person is from any cause a member of the As-

Where a per- son Is a 1 1 /• /. o,

member^^for sembly for a part only of Session, then in case he is a member the Session, for upwards of thirty days during the Session, he shall be entitled to the sessional allowance, subject to the deduction . . • for non-attendance as a member and also to a deduction of $20 for each day of the Session before he was elected or after he ceased to be a member ; but if he is a member for thirty days or less, he shall be entitled only to $20 for each day's attendance at the Session whatever be the length thereof.

meni It^the ^^' "^^^ ^^^ ^^® *^ every member at the close of a Session c^iose of ses- shall be paid to him on his taking and signing before the o th t b ^^^^^ °^ Accountant or a Justice of the Peace an oath to be taken kept by the Clerk, stating the number of days attendance and

by members, j-j^g mileage according to the shortest mail route as deter- mined and certified by the Speaker, and the amount of the allowance after deducting the number of days (if any) which are to be deducted under any preceding section and the oath may be laocording to Form 3.

'2. Clause 68 of section 1 of this Act shall come into force immediately upon the passing hereof, all other sections of said Act shall come into force on the fi.rst day of July, 1911."^!

8 Edw. VII., c. 5, form 3 repealed.

3, The following Form is substituted for Form 3, referred to in Section 74 of the said Act:

FORM 3.

(.Referred to in Section 74.)

Oath to Obtain Sessional Allowance.

I, A. B., a member of the Legislative Assembly, make oath and say that 1 reside at in -which is

distant by the shortest mail route miles as determined

by the Speaker from Toronto, where the Session which began on the day of 19 was held. That the

first day during the said Session on which I was present was the day of 19 . That on the said

day and on each day of the said Session, after the said day on which there was a sittings of the Assembly, I attended such sittings or a sittings of some Committee thereof, (a) except only on days, (&) on of which I was travelling bona fide on

170

my way to the place where the Session is held for the purpose of attending a sittings of the Assembly, and (c) on of

wOiich I was prevented by sickness froon attending, though I was then present at the said City of Toronto, or within ten miles thereof.

(Signature) A. B. (d) Sworn before me at the day of 19

L. K. C, Clerk (or Accountant) of the Legislative Assembly, or Justice of the Peace for the of

(as the case may be).

IN'OTE.

// the memher attended a sittings of the Assembly or of some Committee, on every sitting day after the first on which he so attended, omit €he words from (a) to (d), and if his non-attendance was not on any day occasioned hy travelling as therein set out or hy sichness, omit the words from (b) to (d).

If the person making the oath became or ceased to be a memher after the commencement of the Session, vary the form so as to state correctly the facts upon which the sum due to the member is to be calculated.

170

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^o. lYl. 1911.

BILL

An Act respecting the Survey of Part of the Township of Gibson.

WHEREAS the Township of Gi'bson, in the Distri<rt. of Preamble. Muskoka was originally surveyed under The Surveys Act;

And whereas by Order m Council, dated the 24th day of June, 1881, the eastern part of said Township, containing an area of 25,582 acres was set apart for the purpose of settling thereon a number of families of the Oka Indians then residing in the Province of Quebec, and the Superin- tendent General of Indian Affairs paid therefor at the price of 60 cents per acre, and the said part of the said Township was transferred to the Govermnent of Canada as a Reserve for the use of the said Indians ;

And whereas the Indians aforesaid have been removed to the said Reserve, and are now occupying and improving the various lands alloted to them, and amongst others the lots numbering from 6 to 16 inclusive, in the 3rd and 4th con- cessions of the said Township ;

And whereas it has been found that the clearings and improvements of the several Indians occupying the said lots have been so nuade as to overlap the lot lines as fixed by the said original survey and thereby great inconvenience is likely to aTise to the several occupants;

And whereas a re-survey of the said lots, in the said con- cessions has, under the direction of the Superintendent Gen- eral of Indian affairs been made by Ontario Land Surveyor, William Galbraith, according to a plan dated January 4th, 1911, the lot lines whereof secure a subdivision satisfactory to all parties concerned, and tlu' Indians living on the lots affected have all signed agnenient^ accepting the said re- survey as correctly defining their holdings; 171

And whereas ithe Superintendent General of Indian Affairs 'has requested that an Act of the Legislature be passed cancelling the said original survey so far as the said lots and concessions are concerned, and legalizing the said re-survey, and it is expedient to comply with the said request;

Therefore His Majesty, by and witih tihe advice and con- sent of the Legis'lature of the Province of Ontario, enacts as follows : —

Survey of 1. The Original survey of the lots numboring from 6 to 16 celled and re- inelusivc, in the 3rd and 4th concessions of the Townsihip of firmed. ^°^' Gibson, in the District of Muskoka, is here'by cancelled, and the re-survey thereof made by Ontario Land Surveyor William Galbraith as shown on a plan, dated 4th January, 1911, is hereby legalized and confirmed, and is declared to be the only true and lawful survey of the said part of the said Township of Gibson.

Determininig rear angles of lots in concessions 3 and 4.

Course for division of

side lines.

The rear angles of lots 6 to 10 inclusive, in the third and fourth concessions tp be determined by mieasuring along the blind line between the 8rd and 4th an equal width for each lot, and a straight line drawn from the front angle to the rear angle shall be the true division line between the lots.

The division of side line between lots 11 and 12, 12 and 13, 13 and 14, 14 and 15, in the)third and fourth ooncessiions res- pectively, shall be drawn on the same course as a straight line joining the southeast and northeast angles of lot eleven in each concession respectively.

171

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No. 172. 1911.

BILL

An Act to regulate the Use of Electricity in Mines

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. The Mining Act of Ontario is amended by adding to ^;^2^j^'s^"64 s.©ction 164 in Part IX. thereof the following Rules: — amended.

Use of Electricity.

44a. The expression "pressure" herein means the differ- '■<^^"''^- ence of electrical potential between any two electrical con- ductors.

Where the conditions of the system are such that the pres- system.^^^"^^ sure between any two conductors, or between any conductor and the earth, at the terminals where the electrical energy is being used does not normally exceed 250 volts, this shall be deemed a low pressure system.

Where the conditions of the system are such that the^|^su"e })ressure between any two conductors, or between any con-^^'^**™- ductor and the earth at the terminals where the electrical energy is being used, normally exceeds 250 volts, but does not Tiorrnally exceed 600 volts, this shall be deemed a medium pressure system.

Where the conditifftis of the system are such that the pres-s^|.|^sy|*t^' sure between any two conductors, or between any conductor and the earth at the terminals where the electrical energy is being used normally exceeds 600 \'olts, this shall be deemed a high pressure system.

445. All electrical apparatus and conductors shall be suffi-ments'^as to eient in sis^e and power for the work they may be called upon^p^amtis to do, and, so far as is reasonably practicable, efficiently cov-^^^g'=o"<*"°-

172

2

ered or safeguarded and so installed, worked and maintained as to reduce the danger to person or property through acci- dental shock or fire to the minimum, and shall be of such -construction, and so worked, that the rise in temperature, caused by ordinary working, will not injure the insulating materials.

Wires and ^^ 44^^ Where a medium-pressure supply is used for power be enclosed purposcs or for arc lamps in series, the wires or conductors grounded. forming the connections to the motors, transformers, arc lamps or otherwise in connection with the supply, shall be, as far as is reasonably practicable, completely enclobod in strong armoring or metal casing efficiently grounded to earth, or they shall be fixed at such a distance apart, or in such a manner that danger from fire or shock may be reduced to a minimum. This rule shall not apply to trailing cables.

when^niy 44^. N^o higher pressure than a medium preBSure supply pressure may shall be used Other than for transmission or for motors, and the wires or conductors to the motors or transformers or other- wise in connection with the supply shall be completely en- closed in a strong armoring or metal casing efficiently con- nected with earth, or they shall be fixed at such a distance apart or in such a manner that danger to person or property from fire or shock shall be reduced to a minimum.

Marking higii 44e. The machines, apparatus land lines shall be so marked

pressure ^ i • t 1 i i • i

appliances, as to Clearly indicate that they are high pressure.

medium p^s- ^'^f' ^ higher pressure than a medium pressure shall not be ^r^hibited" used for portable motors nor for any other purpose under- ground.

mlSai"^ 445r. Main and distribution switch and fuse boards must, be made of incombustible insulating material, such as marble or slate, free from metallic veins, and be fixed in as dry a situation as practicable.

of'knd to^*' 44/1. A sufficient number of fire buckets filled with clean, be kept. ^j.j gand shall be kept in electrical machine rooms ready for immediate use in extinguishing fires.

when current 4^^' "^^ repair or cleaning of the*live parts of any elec- is on. trical apparatus or work in dangerous proximity thereto,

except mere wiping or oiling, shall be done when the current

is on.

SiJttsr^mats . ^'^^ Crloves, mats or shoes of India rubber or other insulat- be used^ *^ ^^^ material, shall be supplied and used where the live parts of switches, machines or other apparatus working at a pres- sure exceeding the limits of low pressure have to be handled for the purpose of adjustment. 172

3

44k. A competent person stall be in dbarge of the electri- competent

-, , ^ \ . , . . . ° , . person to be

cai apparatus or macnmerj when it is m use at the mine, m charge. and at such time as the amount of electrical energy delivered down the mine exceeds 150 kilowatts; a competent person shall also be in charge below ground. Every person operat- ing or having charge of any electric apparatus shall have been instructed in his duty and be competent for the work that he is set to do.

44Z. 'N'o person shall wilfully damage, interfere with or damaging without proper authority remove or render useless any elec-wUh ma- tric line, or any machine, apparatus or part thereof used in'^ '"^ry, connection with the supply or use of electricity.

44:m. Overhead bare wires on the surface must be efficiently for'^ov^e'/head supported upon insulators and be clear of any traffic, and ^^^^ wires. be provided with efficient lightning arresters.

44n. All cables used in shafts for the transmission of elec-9^^'^^„"^^<^ trical energy must be highly insulated and substantially fixed. Shaft cables not capable of sustaining their own weight shall be properly supported at intervals according to the weight of the cable.

44o. In underground roads the trolley wires shall be placed ^iT^under^'^^^ as close to the side as practicable, and in a straight line, and f ^Jj"'^ securely supported at frequent intervals. In all roads where it is necessary for men to travel on foot, all wires, except signal wires, must be placed on the same side of the roadway and efficiently protected. Signal wires should, where prac- Protection ticable, be placed on the opposite side of the roadway from°^ wires. other wires.

44;?. At all landings, turn-outs, partings or crossings, or p™'^®'^*'^" "^ other places where it is necessary for men to pass near the wires, a suitable protection shall be placed around the wires, or tbe pressure must be cut off w'hen such places are used for travelling on foot. Sufficient illumination to make the wires illumination. plainly visible shall be provided at all points where men are liable to come in contact with power wires.

44^. Every branch trolley shall be fitted with an autom'aticj.^Q,^gy '^^'j^^j^ trolley switch or section insulator and line switch, or some ?^ section

1 1 • -I •!! n 1 1 «• c insulator.

other device that will allow the pressure to be cut ofi from such trolley when not actually in use. Danger signals, con- Danger sisting of no fewer than two red lights in parallel, and as many series as may be necessary, shall be connected at suit- able intervals to all branch trolley circuits to indicate when the current is on. A notice shall be posted at the entrance to all roadways carrying exposed power wires, warning per-

172

sons against the dangers of carelessly carrying metal tools such as drills, picks, etc., which may come in contact with the wires.

on°surf^e^^ 44r. On surface roads the trolley wires shall be at least roads. g ^^^^ above the rail level and efficiently guarded.

ofXw'*pres- ^'^^- ^^ pressure wires for lighting or sign'al circuits saire wires, shall either be conveyed in metallic conduits or casings, or suspended from or securely tied to porcelain or glass insula- tors, so that they do not touch any timbering or metal. On no account shall staples be used. If metallic conduits are used, they must be grounded, and if not electrically co^i- tinuous every sectioai must be grounded. If separate uncased wires are" used they shall be kept at least three inches aj)art and not brought together except at lamps or fittings.

pereons^nof 44^. No person, other than a person authorized bj- the

t?ansfJ^°er owucr, manager or superintendent, shall enter a machine,

rooms, etc. transformer or motor room or interfere with the working

of any machine, transformer, motor or apparatus connect'^d

therewith and when the authorized person is not present, the

door of such room shall be kept securely locked.

aimfmatic*^ 44^. Fusc and automatic cut-outs slhall be so constructed cut-outs. as effectually to interrupt the current when a short circuit occurs, or when the current through them exceeds the normal working current by 100 per cent. Fuses ohall be stamped or marked or shall have a label attached indicating the cur- rent with which they are intended to be used, or w^here f ase wire is used, each coil in use shall be so stamped or labeled. Fuses shall only be adjusted or replaced by an authorized person.

Sarts'"of ^'""^ ^4i;. All live parts of switches, fuses and cut-outs, not in switches, etc. jy^achine rooms, or in compartments specially arranged for the purpose must be covered. These covers must be of in- combustible material and must be either non-conducting or of rigid metal, and, as far as practicable, clear of all internal mechanism.

Slcul^'for' 44w;. — (1) Electricity from lighting or power cables shall liring shots. ^^^ \^ uscd for firing shots, except when a special firing plug, button or switch is provided, which plug, button or switch shall be placed in a fixed locked box, and shall only be acces- sible to the authorized shot firer.

( 2 ) The firing cables or wires shall not be connected to this box until immediately before they are required for rhe firing of shots, and shall be disconnected immediately after the shots are fired. 172

44a;. Wten shot-firing: cables or wire® are used in the Precautions vicinity of power or lighting cables, sufficient precautions shot-firing shall be taken to prevent the shot-firing cables or wires com- ing in contact with the lightiug or power cables.

44y. All proper precautions must be taken to prevent elec- Precautions trie, signal or telephone wires coming into contact with other tact"of ei^- electric conductors, whether insulated or not. tors. '^°"*^"*^"

442. A transformer for transforming a high pressure to a Transform- medium or low pressure must be placed in a separate build- ate build- ing used only for that purpose. "^^'

Thawing- osives.

44aa. Electric energy shall not be used directly to thaw^^ explosives.

44&6. ISTo motor outside of a. macJhine or motor room shall prJ^ssure on be operated at a pressure exceeding the limits of medium "^'^^or. pressure.

4:4cc. All metallic coverings, armoring of cables, and the^ve^rin^s frames and bed-plates of generators, transformers and motors g.|.o(jn(j'g^*'^ other than portable motors shall as far as is reasonably practicable, be efficiently grounded.

4:4:dd. All electric switches, controllers, motor-starting ^*^®^^^^'"^j^ devices or other apparatus essential to the operation of electric motors or other equipment shall be constructed in such a way that they may be safely used for the purposes for which they are intended, and shall be maintained in such condition.

44ee. A trailing cable shall be especially flexible, heavily ^^^,'^'g"^ insulated and protected with extra stout braiding or other equally effective covering, and in the event of it breaking down or being damaged, or of its inflicting a shock upon any person, it shall at once be put out of service, and shall not be used again until it has been repaired and tested by the mine electrician.

44j!f . The person in charge of an electric drilling machine frfnfng shall not leave the machine while it is working, and shall see ™''^'^'^'"®- that the pressure is cut off from t!he trailing cables before leaving the working place.

4:4:gg. Notwithstanding anything contained in tihese rules, continuing any electrical plant or apparatus installed or in use before the present coming into force of these rules may be continued in use, ^^^ lances. un'leas the inspector shall otherwise direct.

172

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BILL

An Act to amend the Division Courts Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. Clause (a) of subsection 1 of section 62 of The lo Edw. vii. Division Courts A ct is amended by striking out the figures subs.' i, ' " $60 " in line 2 and substituting therefor " $200." amended.

2. Clause (6) of the said subsection is amended by clause &, striking out the figures "$100" in line 3 and substituting^"^®" therefor " $200."

3, Clause (c) of the said subsection is amended by strik- Clause c, ing out the figures " $100 " in line 5 and substituting therefor " $200."

4. Paragraph II. of clause (d) oi fch'e said subsection is amended' amended by striking out the figures " $200 " in line 2 and substituting therefor " $400 " and paragraph III. of the said clause is amended by striking out the figures " $400 " in line

2 and substituting therefor " $600," and by striking out the figures " $200 " in line 4 and substituting therefor " $400."

5. Clause (e) of the said subsection is amended by strik- ^^^^y^^|g^' ing out the figures " $60 " in line 4 and substituting therefor

" $200."

6. Subsection 2 of the said section is amended by striking '^^ ^dw. vn. out the figures " $60 " in line 4 and substituting therefor siibs.' 2," " $200," and by striking out the figures "$60 " in line 13 '''"*"^^•^• 178

and substituting therefor " $200," and by striking out the figures " $100 " in line 16 and substituting therefor " $200," and by striking out the figures " $200 " in line 18 and sub- stituting therefor " $300," and by striking out the figures " $100 " in line 20 and substituting therefor " $200."

10 Edw. VH- 7. Subsection 4 of the said section is amended by striking 8uba.'4,' ' out the figures "$60" in line 3' and substituting therefor

amended. ,, ^^00."

173

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^o. 174. 1911.

BILL

An Act to Regulate Passenger Traffic on Street Railways.

HIS MAJESTY, by aad witih the advice and consent of the Legislative As^mbly of the Province of Ontario, -enacts as follows: —

1. In cities having a population of 50,000 and over, not- Half fere withstanding any Act or agreement to the contrary, a pas- uniew seat eenger who is admitted to a car m whidh the seating capacity thereof is occupied and is not on entering sudh car provided

with a seat, shall only be required to pay half fare.

2. Where the regular fare is five cent® or less, or w'here Fare of tickets costing five cents or less are issued, the fare of such passenger, standing passenger shall be two cents, and on payment of

such fare said passenger shall be entitled to be carried to his destination or on demand receive a transfer in the same manner as if he had paid the ordinary and regular fare.

3. A copy of this Act shall be posted up and kept posted Copy of Act up by the proprietors of said railway in each oar, but the up. failure to do so shall not affect the rights of a passenger.

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No. 175.

1911.

BILL

An Act respectiog Conditional Sales of Chattels.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Provin-ce of Ontario, enacts as follows: —

1. The Act respecting conditional sales of chattels and all Rev. stat., amendments thereto are hereby repealed. repealed.

2. Hereafter no instrument creating or intending to create instrument

a lien, charge or claim upon any goods, cihattels, wares orpos^tssion*^'^ merchandise, or which provides that the ownership in any P^j^p^Q^^ty" goods, chattels, wares or merchandise shall remain with the *» ^^ Vt^t*^^^ seller or lender for hire until payment of the purchase or mortgages, consideration money, or any part thereof, shall be legal or binding upon the purchaser, and the same shall be null and void and of no effect unless the same is expressed to be and is in fact a chattel mortgage made in pursuance of The Act respecting Mortgages and Sales of Personal Property, and filed in the office of the Clerk of the County Court in the manner, within the time and as provided by the said Act, and no instrument mentioned herein shall be registered in any registry office against the lands of the purchaser or any part thereof.

176

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No. 176.

BILL

1911.

An Act to amend the Motor Vehicles Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows :—

The Motor Vehicles Act is repealed and the following e Edw. vii., substituted therefor: ?ep^ied'^**

18. When any loss or damage is incurred or sustained Liability by any person by reason of a motor vehicle on a highway ^°^ damages, the ^wner and the driver of such motor vehicle shall be jointly and severally liable for such loss or damage, unless, in the opinion of the Court or jury trying the action, such loss or damage was occasioned by the negligence of the person or persons sustaining such damage, or either or any of them.

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No. 17Y. 1911.

BILL

An Act to amend the Supplementary Eevenue Act,

HIS MAJESTY, bj and with the advice and consent of tlie Legislative Assembly of the Province of Ontario, enacts as follows: —

1. The Supplementary Revenue Act is amended by repeal- ^ Edw. vii., ing subsections 6 and 11 of section 4 and respectively substi- subs ' 6 and tuting the following subsections therefor : — ' ^^^^^ ^

(6) Every company owning, operating or using a railway Tax on raii- shall pay a tax of $60 per mile for one track, and, where the ^^^^" line consists of two or more tracks, of $40 per mile for each additionial track, owned, operated or u>*ed in any organized municipality ; and of $40 p<^r mile for one track, and, where the line consiists of two or more tracks, of $20 per mile for each additional track, in territx>ry without municipal organiza- tion ; provided that a company owning, operating or using a railway which, either by itself or in ^conjunction with any other railway leased by it or to which it is leased or with which it is amalgamated or together with WhicQi it forms one system does not exceed 150 miles in length from terminus to terminus, shall in lieu of the said tax pay a tax of $15 per mile for one track, and, where the line consists of two or more tracks, of $5 per mile for each additional track, and where the railway or system does not exceed thirty miles in length from terminus to terminus a tax of $10 per mile for one track land $5 per mile for each additional track.

(11) Every express company operating over a railway in Express Ontario f^hall pay a tax of $500 for each 100 miles or fraction ^oi^pa-nies. thereof.

2. The said Act is further amended by inserting the fol-8 Edw. vii., lowing additional sections imniodintely after section 11 : — amended.

lla. There shall be levied a tax of two cents, pavable in sump tax

" On Lrfl,nsif*T'

money or stamps, for every $100 or fraction tJieroof of the of securities par value upon every change of ownership consequent upon tion!"^''"'^*" 177

the Male, (riiii-fcr or assig-nrneiit of sharies, boncls, debentures or debenture stock issued bj any corporation or company made or carried into effect in tihis Province; but tfhe first delivery by the corporation or company of such .shares, bonds, debentures or debenture stock, in order to effect an issue, is not subject to the tax imposed by tbis article.

Transfer H/j. ISTo Corporation or company shall enter or permit

ni^de° until ^be entry in any book or register under its control of any tax paid. g,i^ji gale, transfer or assignment unless the tax ha paid when tbe entry is miade. Tn default of payment of the tax the transferer and the transferee shall eadh be liable to a penialty not exceeding $ , to be recovered at the suit of the

Attorney-General.

fhrough lie. Any sale, transfer, or assignniciit made through a

members"°of broker resident in the Provinoe not a member of a recognized stock ex- stock exchange shall be deemed to be made and carried into effect in the Province.

Tax not to H^. The preceding three sections shall not apply to any ^nsfers as transfer or assignment of shares, bonds or debentures or transmfss?on debenture stock made bona fide for the security of loans, on death. qj. \^ fjj^e re-transfer or re-assignment of same to tihe borrower or any transmission owing to death.

Regulations. Hg. The Lieutenant-Governor in Council may make, amend, alter, revoke, repeal or re-enact all re:'gulafions which may be deemed necessary for carrying into effect sections 11a, 11&, lie and lid.

Commence- H/- This sectioii sh'all not come into effect until the first

men o sec- ^^^ ^£ June, 1911.

8 Edw. VII., 3. The said Act is further amended by repealing sub- subs! 4, re- section 4 of section 17 and substituting the following sub- peaied. section: —

Liability of (4) All questions as to the liability of a municipality to ties to con- such charge shall be determined by an officer designated for maintenance that purposc by ijhe Provincial Secretary, wbose decision may of lunatics, g^^ ^^^y ^jjj^g ^nd from time to time be varied or cancelled by himself or by any other officer designated by the Provincial Secretary, and the certificate of tbe Provincial Secretary declaring the amount of such charge sball be accepted and acted upon by the Provincial Auditor without further evi- dence as determining tbe amount to be deducted under sub- section 3 of this section.

?.^4^s.\"" ^- The said Act is furtlier amended by adding the follow- amended. {j^g subsections to sectioTi 4 :

177

(13) Every incorporated compauy, association or club, 'i>'^,^ VP''" owning or operating or using a race track and nolding race- meetings, meetings once or twice in each year at which there are run- ning races, and which meetings continue for more than three

days, shall pay in advance before each such race-meeting a license fee of $200 for each day of such meeting, and in default of such payment the Provincial police may, under instructions from the Provincial Treasurer, stop all racing upon sndh track until the said tax is paid.

(14) Every incorporated company, association or club, Trotting and owning, operating or using a driving or trotting track and higs"^ "^^^*^' holding race meetings, at which there are trotting or pacing

races, which meetings continue for three days or less, shall '

pay in advance before each such meeting a license fee of $10 if the meeti'ng continue for one day ; a license fee of $40 if the meeting continue for two days ; and a license fee of $60 if tflie meeting continue for three days, and in default of such payment the Provincial police may, under instructions from the Provincial Treasurer, stop air racimg upon such track until the said tax is paid.

(15) On receiving the license fee referred to in sub- Licenses, sections 13 and 14 of section 4 hereof, the Provincial Treasurer may issue a license imposing such restrictions and subject to such oonditionis as the Lieuteaiant-Governor in Council may by regulation di'termine, and every such incor- porated company, association or club which violates such restrictions and conditionis, or any of them, shall be liable to

have all racing forthwith stopped upon its track by the Pro- vincial police acting under instructions from the Provincial Treasurer.

177

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No. 177. 1911.

BILL

An Act to amend The Suppl mentary Eevenne Act.

*

HIS MAJESTY, b.y and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. The Supplementary Revenue Act is amended by repeal- 8 Edw. vii., ing subsections G and 11 of section 4 and respectively substi-siibs' 6 and tuting the following subsections therefor : — ^^' "^^p^^^^*^

(6) Every company owning, operating or using a railway Tax on raii- shall pay a tax of $G0 per mile for one track, and, where the ^^^^' line consists of two or more tracks, of $40 per mile for each additional track, owned, operated or used in any organized municipality; and of $40 per mile for one track, and, where the line consists of two or more tracks, of $20 per mile for each additional track, in territory without municipal organiza- tion ; provided that a company owning, operating or using a railway which, either by itself or in conjunction with any other railway leased by it or to which it is leased or with which it is amalgamated or together with whic"h it forms one system does not exceed 150 miles in length from terminus to terminus, shall in lieu of the said tax pay a tax of $15 per mile for one track, and, where the line consists of two or more tracks, of $5 per mile for each additional track, and where the railway or system does not exceed thirty miles in length from terminus to terminus a tax of $10 per mile for one track and $5 per mile for each additional track.

(11) Every express company operating over a railway in Express Ontario shall pay a tax of $500 for each 100 miles or fraction companies, thereof.

2. — (1) The said tax is further amended by inserting theg Edw. vii., following additional sections immediately after section 11: — amended.

11a. There shall he levied a tax of two cents, payable hy stamp tax

,-, 1 £ • i. J? °" transfer

the transferee in money or stamps, for every of securities $100 OP fraction thereof of the par value upon tioS.°'^°''*' 177

Transfer not to be made until tax paid.

every change of ownersliip consequent upon the sale, transfer or assignment of shares, or deben- ture stock issued by any corporation or company made or carried into effect in this Province ; but the first delivery by the corporation or company of such shares, or debenture stock, in order to effect an issue, shall not he subject to the tax imposed by this section.

llh. JJ^^Any corporation or company entering or per- mitting the entry in any book or register under its control of any such sale, transfer, or assign- ment unless the tax be paid when such entry is made, shall be liable to a penalty not exceeding $50 nor less than $20."^^

n default of payment of the tax, the transferee shall be liable to a penalty not exceeding $50, nor less than $20."^'^

e penalties prescribed in this section shall be recoverable at the suit of the Attorney-Gen- eral.'"'^

Tax not to

apply to transfers as security or transmission on death.

Regulations.

fifrough ^^^' ^y^ ^^^®' transfer, or assignment made through

brokers not a broker resident in the Province not a member

stock ex- of a recognized stock exchange shall be deemed

^ ^"^®* to be made and carried into effect in the Pro-

vince.

lid. The preceding three sections shall not apply to any transfer or assignment of shares, or debenture stock made hona fide for the security of loans, or to the re-transfer or re^assignment of same to the borrower or any transmission owing to death.

lie. The Lieutenant-Governor in Council may make, amend, alter, revoke, repeal or re-enact all regu- lations which may be deemed necessary for carry- ing into effect sections 11a, llh, lie and lid.

Commence- (2) This section shall not come into effect until the first tion. day of June, 1911.

c. ?4^^.' 17"" ^- "^^^ ^^^^ ^^* ^^ further amended by repealing sub- subs! 4, re- section 4 of section 17 and substituting the following sub- section : —

muJiJf an- ^^^ ^^ questions as to the liability of a municipality to ties to con- such charge shall be determined by an officer designated for maintenance that purpose by tihe Provincial Secretary, whose decision may 0 lunat cs. ^^ ^j^y ^j^^ ^^^ from time to time be varied or cancelled by 177

8

himself or by any other officer designated hy the Provincial Secretary, and the certificate of the Provincial Secretary declaring the amount of such charge shall be accepted and acted upon by the Provincial Auditor without further evi- dence as determining the amount to be deducted under sub- section 3 of this section.

4. The said Act is further amended by adding the follow- « ^dw. vii., ing subsections to section 4 : — amended. '

2^=" (13) In this subsection the word "race-meeting" shall S^e trac'k mean a series of trotting, pacing, running, or mixed trotting, "meetings, pacing or running races for horses, held for not less than five or more than seven days within any period of fourteen con- secutive days.'^^B

Every incorporated company, association or club, owning or operating or using a race track and holding race-meetings, shall pay in advance before each such race-meeting a license fee of $200 for each day of such meeting, and in default of such payment the Provincial police may, under instructions from the Provincial Treasurer, stop all racing upon such track until the said tax is paid.

J|^='(14) The word "race-meeting" in this subsection shall J'^iJJ»|,^^t^ mean a series of trotting and pacing or mixed trotting, pacing '"^^ and running races for horses which continue for not more than four days in a period of not more than ten consecutive days, and where the number of running races shall not exceed one in each day.*'^!

il^^Every incorporated company, association or club, own- ing, operating or using a driving, running or trotting track, and holding race-meetings, shall pay in advance before each such meeting a license fee of $10 for each day on which such meeting continues, and in default of such payment the Provincial Police may, under instructions from the Provincial Treasurer, stop all racing on said tracks until such tax is paid.*'^!)

(15) On receiving the license fee referred to in sub- uoenaea. sections 13 and 14 of section 4 hereof, the Provincial Treasurer may issue a license imposing such restrictions and subject to such conditions as the Lieutenant-Governor in Council may by regulation determine, and every such incor- porated company, association or club which violates such restrictions and conditions, or any of them, shall be liable to have all racing forthwith stopped upon its track by the Pro- vincial police acting un'der instructions from the Provincial Treasurer. 177

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No. 177. 1911.

BILL

An Act to amend The Supplementary Eevenue Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. The Supplementary Revenue Act is amended by repeal- 8 Edw. vii.. ing subsections 6 and 11 of section 4 and respectively substi-siibs' \ and tuting the following subsections therefor: — ^^' '"^p^^^^'I-

(6) Every company owning, operating or using a railway Tax on raii- shall pay a tax of $60 per mile for one track, and, where the ^^^^" line consists of' two or more tracks, of $40 per mile for each additional track, owned, operated or used in any organized municipality; and of $40 per mile for one track, and, where the line consists of two or more tracks, of $20 per mile for each additional track, in territory without municipal organiza- tion ; provided that a company owning, operating or using a railway which, either by itself or in conjunction with any other railway leased by it or to which it is leased or with which it is amalgamated or together with w'hich it forms one system does not exceed 150 miles in length from terminus to terminus, shall in lieu of the said tax pay a tax of $15 per mile for one track, and, where the line consists of two or more tracks, of $5 per mile for each additional track, and where the railway or system does not exceed thirty miles in length from terminus to terminus a tax of $10 per mile for one track and $5 per mile for each additional track.

(11) Every express company operating over a railway in Express Ontario shall pay a tax of $500 for each 100 miles or fraction companies. thereof.

2. — (1) The said tax is further amended by inserting theg Edw. vii.. following additional sections immediately after section 11 : — amended.

11a. There shall be levied a tax of two cents, payable hy stamp tax

,, , - . ^ ' /. on transfer

the transferor m money or stamps, tor every of securities $100 or fraction thereof of the par value upon tion°''*'*"'''*' 177

Transfer not to be

made until tax paid.

every change of ownership consequent upon the sale, transfer or assignment of shares, or deben- ture stock issued by any corporation or company made or carried into effect in this Province ; but the first delivery by the corporation or company of such shares, or debenture stock, in order to effect an issue, shall not he subject to the tax imposed by this section.

lib. J^^Any corporation or company entering or per- mitting the entry in any book or register under its control of any such sale, transfer, or assign- ment unless the tax be paid when such entry is made, shall be liable to a penalty not exceeding $50 nor less than $20.

In default of payment of the tax, the transferee shall be liable to a penalty not exceeding $50, nor less than $20.*=^^

The penalties prescribed in this section shall be recoverable at the suit of the Attorn ey-Gen-

eral.*"^^

Sales through brokers not members of stock ex- change.

lie. Any sale, transfer, or assignment made through a broker resident in the Province not a member of a recognized stock exchange shall be deemed to be made and carried into effect in the Pro-

vince.

Tax not to apply to transfers as security or transmission on death.

lid. The preceding three sections shall not apply to any transfer or assignment of shares, or debenture stock made bona fide for the security of loans, or to the re-transfer or re-assignment of same to the borrower or any transmission owing to death.

Regulations.

11/.

177

lie. The Lieutenant-Governor in Council may re- mit or reduce any tax imposed by section 11a hereof which, because of the transfer being other- wise subject to taxation in another jurisdiction, or because several formal transfers are neces- sary to effect one true change of ownership, or which from any other similar cause appears to be unjust or oppressive. ''^lE

The Lieutenant-Governor in Council may make, amend, alter, revoke, repeal or re-enact all regu- lations which may be deemed necessary for carry- ing into effect sections llo., lib, lie and lid.

(2) This section save 11/ shall not come into effect until commence-

T r- f ~r -ir^-,-1 ment of stc-

the nrst day oi June, 1911. tion.

VII.

3. The said Act is further amended by repealing sub- ^ f^^- ^^^ section 4 of section 17 and substituting the following sub- subs! 4, re- section : —

(4) All questions as to the liability of a municipality to Liability of such charge shall be determined by an officer designated for ues" to^^on- that purpose by the i:*rovinciai Secretary, whose decision may maintenance at any time and from time to time be varied or cancelled by °^ lunatics. himself or by any other officer designated by the Provincial Secretary, and the certificate of the Provincial Secretary declaring the amount of such charge shall be accepted and acted upon by the Provincial Auditor without further evi- dence as determining the amount to be deducted under sub- section 3 of this section.

4. The said Act is further amended by adding the follow- 8 Edw. vii.^ ing subsections to section 4 : — amended. '

(13) In this subsection the word "race-meeting" shall Tax upon mean a series of trotting, pacing, running, or mixed trotting, meetings. pacing or running races for horses, held for not less than five . or more than seven days within any period of fourteen con- secutive days,^""^!! JB^^or if held for less than five days where the number of running races exceeds one in each day.^'^^lS

Every incorporated company, association or club, owning or operating or using a race track and holding race-meetings, shall pay in advance before each such race-meeting a license fee of $200 for each day of such meeting,' and in default of such payment the Provincial police may, under instructions from the Provincial Treasurer, stop all racing upon such track until the said tax is paid.

i^^(14) The word "race-meeting" in this subsection shall Trotting and mean a series of trotting and pacing or mixed trotting, pacing ings. and running races for horses which continue for not more than four days in a period of not more than ten consecutive days, and where the number of runiiing ^aces shall not exceed one in each day.'^^SI

;B^^Every incorporated company, association or club, own- ing, operating or using a driving, running or trotting track, and holding race-meetings, shall pay in advance before each such meeting a license fee of $10 for each day on vs^hich such meeting continues, and in default of such payment the Provincial Police may, under instructions from the Provincial Treasurer, stop all racing on said tracks until such tax is paid.'"'^! 177

Licenses. (15) On receiving the license fee referred to in sub-

sections 13 and 14 of section 4 hereof, the Provincijil Treasurer may issue a license imposing such restrictions and subject to such conditions as the Lieutenant-Governor in Council may by regulation determine, and every such incor- porated company, association or club which violates such restrictions and conditions, or any of them, shall be liable to have all racing forthwith stopped upon its track by the Pro- vincial police acting under instructions from the Provincial Treasurer.

177

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JSTo. 178. 1911.

BILL

An Act to amend the Liquor License Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of On- tario, enacts as follows:

1'. The License duties payable for tavern licenses, other increase in than beer and wine licenses, under the provisions of the Act duties im- passed in the sixth year of the reign of His late Majesty, l^^^^'^vn.,^ King Edward the Seventh, chapter 47, section 10, sub- ^•^^'^^'g^-^^;^, section 1, as amended by the Act passed in the ninth yearvii.. c. 82, of the reign of His said Majesty, chapter 82, section 38, shall be and they are hereby increased by the addition to the sums set forth in the said Acts of a sum in the case of each such license equal to five per cent, of the amount by which the Addition to gross receipts from sales under such licenses wherever made, rlcelpts!^ ^^ together with sales of cigars, cigarettes, tobacco or drinks or drinkable liquids other than liquor, or of any service or privi- lege, when made over, at, in or from the bar or bar-room of the licensed premises or for use or consumption at or in such bar or bar-room, shall in each day exceed the sum of forty dollars.

2. On or before the tenth day of each calendar month the Montiiiy holder of each such license shall file with the Minister a receipts statement under oath, made by such person or persons and in sa'ies.^'^"^^ such form as may be directed by the Minister, of the amount

of his gross sales as aforesaid for each day of the preceding calendar month and shall accompany such statement with pay- ment of the amount, if any, due for such month under the provisions of section 1 of this Act. The oath required to be taken under this section may be taken before a commissioner for taking affidavits, a notary public or a justice of the peace.

3, Notwithstanding anything in this Act contained any penalty holder of any such license who shall make default in thCmlkinR filing of any statement or in the making of any payment re- ply^ents!^

178

2

quired by this Act shall be liable to a penalty of $10 for each day during which such default continues, and so for each such default, though running concurrently with other de- faults, but such penalty or any portion thereof may be re- mitted by the Minister in his discretion. Upon the report of the Minister that any such default has continued for more than thirty days or that the statement filed by the holder of such license is false or that the holder of such license has failed after notice to comply with any regulation made pur- suant to section 4 of this Act, an Order-in-Council may be passed cancelling such license and the same shall thereupon become null and void to all intents and purposes whatsoever. Such Order-in-Council may further provide for the dis- qualification for any period not exceeding three years of the holder of such license from obtaining any further or other license under the Liquor License Act.

Regulations by Ljeuten- ant-Gov- ernor-in- CouncU.

Rev. Stat., c. 245; 62 V. (2), c. 31.

4. The Lieutenant-Governor-in-Council may from time to time make regulations as hereinafter set forth, which regula- tions shall have all the effect of a statute and shall take effect from the date of the making thereof. Such regulations, amongst other things, in the case of any license falling within the provisions of this Act, may require the keeping of accounts and the handling of cash by the holder of sudh license in such manner as may be directed and the furnishing by such holder of such further evidence as may be directed as to the correctness of the statement to be filed pursuant to this Act, may provide for the holding of investigations into the correctness of such statement with such provisions as to the taking of evidence on oath, the summoning of witnesses, the enforcing of their attendance and the giving of testimony by them, the compelling of the production of books and docu- ments, the disposition of the costs of the investigation and otherwise as may be thought desirable, may authorize entry upon the licensed premises, the examining and auditing of the accounts thereof and the taking over in whole or in part and for such time as may be required of the conduct of the business therein carried on for the purpose of enquiring as to the correctness of statements filed or to be filed pursuant to the provisions of this Act, the whole with or without the consent of the holder of such license, and, if so directed, at his expense, and, without being limited to the particulars above set forth, .may contain such provisions as shall be deemed desirable for ensuring the better enforcement of this Act, and may also contain provisions applicable to the holders of any license under The Liquor License Act, or The Act respecting Brewers and Distillers, and other licenses of the same general character as the provisions above specified though not required for the purposes above stated, and may provide for the enforcement of any of the regulations herein

178

mentioned bj suspension of the license of the holder in ques- tion until such holder has complied with such regulations.

5. The addition to the license duties made by this Act Additional shall not be taken into account in arriving at the sum payable to be^ "°*^ for the transfer of a tavern license. considered.

6. Except as regards the total amount of license fees re- information ceived under this Act for each license district, information confidential, obtained under this Act shall not be disclosed except to offi- cers of the Government in the exercise of their duties.

7. The provisions of the Act passed in the sixth year of ^/^"sdw^"^ the reign of His late Majesty, King Edward the Seventh, J^Jj- «• ^V. chapter 47, section 11, shall be read as applying to and hav- ing reference to the license duties otherwise payable and without the addition provided for in this Act, and shall con- tinue to have full force and effect accordingly.

8. I^otwithstanding anything in The Liquor License Ac^Duties tobe contained all sums payable under the provisions of this Act use of the by way of license duties shall be payable to the Treasurer of ^'■°^'"^®- the Province to and for the exclusive use of the Province.

9. Section 20 of The Liquor License Act is amended by^ev\^stat^^^ adding to subsection 1 thereof the following words, " and amended, no such by-law shall be quashed or set aside on the ground

only that a monopoly has been created by such limitation " ; and by adding to subsection 2 thereof the following words, " and during the time such by-law is in force no greater number of licenses shall be issued than as therein limited."

10. Section 36 of the Liquor License Act is amended l^y f ^'^^'s ^g ^gg' striking out in the second, third and fourth lines of said amended, section the words, "in quantities of not less than one gallon

or two bottles of not less than three half pints each at one time," and inserting instead thereof the words " in whole- sale quantities only as required in the case of a wholesale license under this Act."

11. Subsection 1 of section 25 of the Act passed in the^Edw. vir., sixth year of the Reign of His late Majesty King Edward subs! V. "' the Seventh, chaptered 47, as amended by section 41 of the

Act passed in the ninth year of the reign of His late Majesty, chaptered 82, is further amended by adding after the word " druggist " in clause A of said last mentioned section the words "or by the holder of a tavern or shop license."

12. Subsection 1 of section 23 of the Act passed in the J ^^^^'^^ J"^^- sixth year of the Reign of His late Majesty King Edward s»bs.'i. the Seventh, chaptered 47 is amended by striking out in

178

the third, fourth and fifth lines thereof the words " a tavern, shop or wholesale license to any person for premises situate in a Provisional Judicial District," and inserting in the place thereof the words " a tavern or shop license to any person for premises situate in any License District," and by adding at the end of the said subsection the following clauses : —

(a) The minister may also in any case refuse to issue a

wholesale license or a Brewer's or Distiller's Warehouse

license if he deems such refusal expedient in the public interest.

Keeping' (&) Any person who keeps liquor on unlicensed premises

saie*^on °^ for Sale or delivery either by whoilesale or retail shall be premfse^.^ guilty of an offence against the Liquor License Act.

Discretion of Minister as to refusing license to brewer or distiller's warehouse.

Rev. Stat., c. 245, s. 101, subs. 1, amended.

13. Subsection 1 of section 101 of the Liquor License Act is amended by adding after the word " then " in the third line of said subsection the words " if present " and by adding after the word " question " in the eighth line the words " or if he is not present."

6 Edw. viT., 14. Subsection 6 of section 141 of the Liquor License amemied.^^' Act as enacted by section 24 of the Act passed in the sixth year of the Reign of His late Majesty King Edward the Seventh, chaptered 47, is amended by striking out all the words therein beginning with the word " provided " in the eleventh line thereof.

Rev. Stat., 15. Section 124 of the Liquor License Act is amended subss. 2, 3,' by striking out subsections 2 and 3 of said section and sub- repeaied. gtituting therefor the following:

Application of pro- visions as

(2) All the provisions of section 125 of this Act not in- consistent with subsection 1 of this section shall be read as [icensees^"^ forming part of this section and shall mutatis mutandis apply in a case under this section as if the same had been expressly re-enacted as part hereof, and it shall be the duty of the License Inspector of any License District when re- quired so to do to serve within his own district any notice or notices of or concerning any action taken by a Police Magistrate or Justices under this section as if such notice or notices had been given under said section 125.

not to sell liquor to certain persons.

62 V. (2), c. 31, s. 4, subs. 1, amended.

16. Subsection 1 of section 4 of the Act passed in the sixty ^second year of the Reign of Her late Majesty Queen Victoria, chaptered 31, as amended by section 47 of the Act passed in the ninth year of the Reign of His late Majesty

178

King Edward the Seventh, chaptered 82, is further amended by inserting the words '^ last mentioned " after the word " such " in the fifth line of said section 47.

17. Section 141 of The Liquor License Act is amended by^®2^"5^s^'\'4] adding thereto the following subsection : amended.

(9) Whenever an appropriation is made by the Legis- payment oi lature for enforcing The Liquor License Act in Local Option enfonfing°^ Districts the Minister in any case in which a by-law passed b^y.^a^''*'"" under subsection 1 of this section is in force in any muni- cipality in any License District in this Province may by his order direct the payment out of such appropriation of any sum w'hich he may think necessary to enforce said Act in such License District or any part thereof, including the payment of the salary and expenses or any part thereof of the License Inspector for such district.

18. This Act shall be incorporated with and shall be Act incor- read as part of the Liquor License Act. with* Rev.

Stat. c. 24L.

178

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No. 178. 1911,

BILL

An Act to amend The Liquor License Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of On- tario, enacts as follows:

1. The License duties payable for tavern licenses, other increase in than beer and wine licenses, under the provisions of the Act duties im- passed in the sixth year of the reign of His late Majesty, Edw!^vii.,^ King Edward the Seventh, chapter 47, section 10, sub- ^-jj^/'g^-^^*^ section 1, as amended by the Act passed in the ninth yearVii.. c. 82, of the reign of His said Majesty, chapter 82, section 38, shall

be and they are hereby increased by the addition to the sums set forth in the sard Acts of a sum in the case of each such license equal to five per cent, of the amount by which the Addition to gross receipts from sales under such licenses wherever made, receipts, together with sales of cigars, cigarettes, tobacco or drinks or drinkable liquids other than liquor, or of any service or privi- lege, when made over, at, in or from the bar or bar-room of the licensed premises or for use or consumption at or in such bar or bar-room, shall in each day exceed the sum of fifty dollars.

2. On or before the tenth day of each calendar month the Monthly holder of each such license shall file with the Minister a receipts statement under oath, made by such person or persons and in sai^.^'^^^^ such form as may be directed by the Minister, of the amount

of nis gross sales as aforesaid for each day of the preceding calendar month and shall accompany such statement with pay- ment of the amount, if any, due for such month under the provisions of section 1 of this Act. The oath required to be taken under this section may be taken before a commissioner for taking affidavits, a notary public or a justice of the peace.

3. TTotwithstanding anything in this Act contained any Penalty holder of any such license who shall make default in the mlkTi^g filing of any statement or in the making of any payment re- p® y^^g^ts!^

173

(jtiired by this Act shall be liable to a penalty of $10 for each (lay during which such default continues, and so for each such default, though running concurrently with other de- faults, but such penalty or any portion thereof may be re- mitted by the Minister in his discretion. Upon the report of the Minister that any such default has continued for more than thirty days or that the statement filed by the holder of such license is false or that the holder of such license has failed after notice to comply with any regulation made pur- suant to section 4 of this Act, an Order-in-Council may be passed cancelling such license and the same shall thereupon become null and void to all intents and purposes whatsoever. Such Order-in-Council may further provide for the dis- qualification for any period not exceeding three years of the holder of such license from obtaining any further or other license under the Liquor License Act.

b^^Lieuten^ '*' '^^^ Lieutenant-Governor-in-Council may from time to ant-Gov- time make regulations as hereinafter set forth, which regula- councii. tions shall have all the effect of a statute and shall take effect from the date of the making thereof. Such regulations, amongst other things, in the case of any license falling within the provisions of this Act, may require the keeping of accounts and the handling of cash by the holder of sudh license in such manner as may be directed and the furnishing by such holder of such further evidence as may be directed as to the correctness of the statement to be filed pursuant to this Act, may provide for the holding of investigations into the correctness of such statement with such provisions as to the taking of evidence on oath, the summoning of witnesses, the enforcing of their attendance and the giving of testimony by them, the compelling of the production of books and docu- ments, the disposition of the costs of the investigation and otherwise as may be thought desirable, may authorize entry upon the licensed premises, the examining and auditing of the accounts thereof and the taking over in whole or in part and for such time as may be required of the conduct of the business therein carried on for the purpose of enquiring as to the correctness of statements filed or to be filed pursuant to the provisions of this Act, the whole with or without the consent of the holder of such license, and, if so directed, at his expense, and, without being limited to the particulars above set forth, may contain such provisions as shall be deemed desirable for ensuring the better enforcement of this Rev. Stat., Act, and may also contain provisions applicable to the holders mf^c.^li^' '^f any license under The Liquor Tdcense Act, or The Ad respecting Brewers and Distillers, and other licenses of tbp- same general character as the provisions above specified though not required for the purposes above stated, and may provide for the enforcement of any of the regulations herein

178 .. . .._^--.

8

mentioned bj suspension of the license of the holder in ques- tion until such holder has couiplied with such regulations.

5. The addition to the license duties made by this Act Auaitionai shall not be taken into account in arriving at the sum payable to^he "''^ for the transfer of a tavern license. considered.

6. Except as regards the total amount of license fees re- Jo^be'"^"^" ceived under this Act for each license district, information confidential, obtained under this Act shall not be disclosed except to offi- cers of the Government in the exercise of their duties.

7. The provisions of the Act passed in the sixth year of^f*'?Edw°" the reign of His late Majesty, King Edward the Seventh, vn^. c. 47, chapter 47, section 11, shall be read as applying to and hav- ing reference to the license duties otherwise payable and without the addition provided for in this Act, and shall con- tinue to have full force and effect accordingly.

8. ^Notwithstanding anything in The Liquor License ^c^Duties to be contained all sums payable under the provisions of this Act use^f^the' by way of license duties shall be payable to the Treasurer of ^'■°^'"^^- the Province to and for the exclusive use of the Province.

1^^ (a) The preceding eight sections of this Act shall come into force on the first dav of May, 1911

9. Section 20 of The Liquor License Act is amended by Rev. stat., adding to subsection 1 thereof the following words, " and araenderi. ' ' no such by-law shall be quashed or set aside on the ground

only that a monopoly has been created by such limitation"; and by adding to subsection 2 thereof the following words, " and during the time such by-law is in force no greater number of licenses shall be issued than as therein limited."

10. Section 36 of the Liquor License Act is amended by Rev. stat., striking out in the second, third and fourth lines of said amended^^' section the words, "in quantities of not less than one gallon

or two bottles of not less than three half pints each at one time," and inserting instead thereof the words " in w'hole- sale quantities only as required in the case of a wholesale license uiuler this Act," I^^ and by adding at the beginning of said seciion the follown'ng words: "Subject to any regula- tions or restrictions' which the Lioiitenant-Governor-in-(\)iiiK'il may impose.

11. Subsection 1 of section 25 of the Act passed in the e Edw. vii.. sixth year of the Reign of His late Majesty King Edward subs! i'. "' ' the Seventh, chaptered 47, as amended by section 41 of thp*'*"^*'"''^'^ Act passed in the ninth year of the reign of His late Majesty,

178

C Edw. VII., c. 47, s. -^-i, subs. ] , amendetJ.

chaptered 82, is further amended by adding after the word " druggist " in clause A of said last mentioned section the words "or by the holder of a tavern or shop license."

12. Subsection 1 of section 23 of the Act passed in the sixth year of the Reign of His late Majesty King Edward the Seventh, chaptered 47 is amended by striking out in the third, fourth and fifth lines thereof the words " a tavern, shop or wholesale license to any person for premises situate in a Provisional Judicial District," and inserting in the place thereof the words " a tavern or shop license to any person for premises situate in any License District," and by adding at the end of the said subsection the following clauses : —

(a) The minister may also in any case refuse to issue a wholesale license or a Brewer's or Distiller's Warehouse license if 'he deems such refusal expedient in the public interest.

Discretion of Minister as to refusing license to brewer or distiller's warehouse.

a mfsA^oi, 13- Subsection 1 of section 101 of the Liquor License

amended ^^^ ^^ amended by adding after the word " then " in the

third line of said subsection the words " if present " and

by adding after the word " question" in the eighth line the

words " or if he is not present."

0^245 ^s!^iV4 ^^- Section 124 of the Liquor License Act is amended subss. 2, 3, ]3y strikinff out subsections 2 and 3 of said section and sub-

repealed. •/. . i c ,i ^ n •

stitutmg thereior the lollowmg:

(2) All the provisions of section 125 of this Act not in- consistent with subsection 1 of this section shall be read as forming part of this section and shall mutatis mutandis apply in a case under this section as if the same had been expressly re-enacted as part hereof, and it shall be the duty of the License Inspector of any License District when re- quired so to do to serve within his own district any notice or notices of or concerning any action taken by a Police Magistrate or Justices under this section as if such notice or notices had been given under said section 125.

Application of pro- visions as to notifying licensees not to sell liquor to certain persons.

62 V. (2), c. 31, s. 4, subs. 1, amended.

15, Subsection 1 of section 4 of the Act passed in the sixty^second year of the Reign of Her late Majesty Queen Victoria, chaptered 31, as amended by section 47 of the Act passed in the ninth year of the Reign of His late Majesty King Edward the Seventh, chaptered 82, is further amended by inserting the words '' last mentioned " after the word " such " in the fifth line of said section 47.

c!^4'5,^s'^.'W] , ^^- Section 141 of llie Liquor License Act is amended by amended. adding thereto the following subsection : 178

(9) Whenever an appropriation is made by the Legis- Payment ot lature for enforcing The Liquor License Act in Local Option Enforcing" J3istricts the Minister in any case in which a by-law passed b°y.^aw!'^'°" under subsection 1 of this section is in force in any muni- cipality in any License District in this Province may by his order direct the payment out of such appropriation of any sum which he may think necessary to enforce said Act in such License District or any part thereof, including the payment of the salary and expenses or any part thereof of the License Inspector for such district.

17. 1^^ Section 133a. of The Liquor License Act as en- acted by section 32 of an Act passed in the ninth year of the reigTL of His late Majesty King Edward the Seventh, chap- tered 82, is amended by adding at the end of subsection 2 of said section the following words : '' or if he finds either upon the public highway or elsewhere, any trunk, box, valise, bag or other receptacle whatever which he believes contains liquor for sale in contravention of this Act he may forthwith seize and remove the same together with the package or packages in which such liquor is contained whether in the custody of or under the control of any person or not."'^^Il

18. 1^^ Subsection 14 of section 11 of The Liquor License Act is amended by adding after the word " grounds " in the twenty-first line of said subsection the following words : ''Nor shall it apply to an applicant for a six months' license under section 21 of said Act, where the person applying iherefor was the holder of a ^iniilar license for six months or some part thereof of the preceding year for the same pre- mises." ''^lE

19. 1^^ Subsection 1 of section 20 of The Liquor License Act is amended by striking out the word "city" in the first lino thereof. '"'^1

20. 3^^ The Liquor License Act is amended by adding rhereto the following section : "^^S

il^^20a. — (1) If a petition in writing signed by at least ten per cent, of the total number of persons appearing bv the last revif^ed voters' list of a city to be qualified to \'ote at municipal elections is filed with the clerk of the city on or before the 1st day of November in any year, praying for the submission of a by-law to the electors limiting the number of tavern or shop licenses or both tavern and shop licenses to be issued in the city for the next ensuing liccn-^c year, beginning on the 1st day of May and for subsequent years 178

6

luiiil siicl) l)_v-la\v is i'C)K'al(<|. and if the iiunibcr of -iiicli lit'cu.ses .stated in the ])etition is within the limit iixed by this Act, it shall he the duty of the council to sabmit such by-law to the voic of the electors of the uiuuicipalitj (lualiiied !<• vote at municipal elections iu the city in the manner provided by The Consolidated Aluitlcipal Act, 190S, and the amendments thereto. '^^

^^^^ (2) The day fixed by the by-law for taking the vote of the electors thereon shall be the day upon which under The Consolidated Municipal Act, 1903, or any by-law passed under the said Act, a poll would be held for the annual election of members of the municipal council. '^^

'^ (3) If a majority of the electors voting upon the by-law assent to the same, the council shall within six weeks thereafter finally pass the by- law and this section shall be construed as com- pulsory and the duty so imposed upon the coun- cil may be enforced at the instance of any mimi- cipal elector by mandamus or otherwise. '^^^^

(4) After the submission of the by-law, no by-law repealing or amending the same shall be sub- mitted to the electors before the day of p(^lling for the third annual election to be held after that at which the voting on the first mentioned by-law took place, but this shall not affect the sulmiission at any municipal election of a by-law under sec- tion 141 of this Act. ^^l

1^^ (5) The clerk of the municipality shall deliver a cer- tified copy of every by-law passed under this section to the Board immediately after the pass- ing thereof, '''^l

21. Notwithstanding anything in section 141 of Tlir _j^ Liquor License Act, or the amendments thereto, no person

shall vote upon any by-law suibmitted to the electors under that section, or the amendments thereto, who is not jl^^ at the date of taking the vote on such by-law and has not been for three months before that date a bona fide resident of the municipality to w^hich the by-law relates. """^^

22. N^otwithstanding anything in the said section or the

amendments thereto, or in The Consolidated Municipal Act,

1903, or the amendments thereto, the oath to be taken by any

person offering to vote upon any such by-law shall he as

follows : — 178

You swear (or solemnly affii'Bi) that you are the person named (or intended to ibe named) by the name of

in the list {or supplementary list) of voters now shown to you {showing the list to the voter) ;

And in the case of a married woman or widow claiming io vote,

That you are unmarried {or a widow, as the case may he);

And in the case of a freeholder,

That at the date of this election you are in your own right {or your wife is) a freeholder within this municipality.

And in the case of a tenant.

That you were {or your wife was) actually, truly and in good faith possessed to your {or her) own use and benefit as tenant of the real estate in respect of which your name is entered on the said list;

That you are {or your wife is) a tenant withia this municipality;

And in the case of a person claiming to vote in respect of income,

That on the day of 19 {the day

ceHifled by the clerk as the date of the final revision and correction of the assessment roll upon which the voters' list used at the electioif, is based, or at the option of the voter the day certified by the clerk as the last day for making complaint to the county judge with respect to such voters' list) you were and thenceforward have been coTiftinuously and still are a resident of this municipality.

That at the said date and for twelve months previously you were in receipt of an income from your trade (office, calling or profession, as the case may be) of a sum of not less than $400;

And in the case of a person claiming to vote as a farmer's son,

That on the day of 1911 {the day certified

by the clerk as the date of ihe final revision and correction of the assessment roll upon which the voters' list used at the election is based, or at the option of the voter the day certified by the clerk as the last day for making complainis to the county judge with respect to such voters' list),

*

A. B. {naming him or her) was actually, truly and in good faith I>ossessed to his {or her) own use and benefit as owner {or as tenant under a lease the term of which was not less than five years), as you verily believe, of the lands in respect of which your name was entered on the said list.

That you are a son {or stepson) of the said A. B.

That you resided on the said property for twelve months next before the said day, not having been absent during. that period except temporarily and for not more than six months in all.

That you are not a citizen or subject of any foreign country.

That you are a natural born {or naturalized) subject of His Majesty and of the full age of twenty-one years.

That you have not voted before ui)on this by-law, either at this or at any other polling place.

That you are a bona fide resident of this muni(;ipality and have continuously resided therein for three months prior to this date,

178

(And in the case of a municipality divided into polling sub- divisions).

That you reside in this polling sub-divlsdon (or that you are not entitled to vote in the polling sub-division in which you reside).

That you have not directly or indirectly received any reward or gift, nor do you expect to receive any, for the vote which you tender upon this by-law.

That you have not received anything, nor has anything been promised to you directly or indirectly either to induce you to vote upon this by-'law, or for loss of time, travelling expenses, hire of team or any other service connected with the submission of the by-law.

That you have not directly or indirectly paid or promised any- thing to any person eitiher to induce him to vote or to refrain from voting upon this Iby-law.

So help you God.

(In the case of a new municipality in which there has not been any assessment roll, then instead of referring to the list of voters the person offering to vote as a freeholder or tenant may be required to state in the oath the property in respect of which he claims t9 vote.)

Voter's liBt not 23. |^^ I*^otwithstandini»; the provisions of section 24 of

to be final m ^ T^ • t' / t • i t i ^ • r- i t • i •

certain cases.* i /ie (Jntano V oters List Act me certiiied list mentioned m that section shall not he final and conclusive as therein men- tioned as to persons who were not at the date of taking the vote on such by-law or have not been for three months before that date horm fide residents of the municipality to which the bv-law relates. '''^111

24. J^^ This Act shall be incorporated with and shall bo read as ]iart of The Liquor License Act.

178

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No. 1Y9. 1911.

BILL

Aa Act to Further Eegulate the Sale of Alcohol by Chemists.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as foUov^s: —

1. Section 1 of the Act passed in the sixty-first year of 6i v., c. the reign of Her late Majesty Queen Victoria, chaptered 30, amended, is amended by striking out all the words down to and in- cluding the words " intoxicating liquor " in the sixth line

of the said section and substituting therefor the following words :

1. The words " pharmaceutical chemist " or the word Jj^*®'^?? p^lr- " chemist " when used in this Act shall mean maceuticai a duly qualified and registered chemist; the ;; Aicohoi," word " alcohol " shall mean " ethylic " or abso- druggist" ^ lute alcohol ; the words " wholesale druggist " shall mean a person, firm or company engaged in supplying chemists or druggists with drugs, patent or proprietary medicines, compounds, preparations or other articles and commodities usually kept and dealt in by chemists or drug- gists.

2. Section 3 of the said Act is amended by striking out ei v., c. the last four words of said section, and by adding at the amended, end thereof the following words : —

Provided, however, that if any such compound, mix- Printing

' ' . i- • 1 i • . of formula

ture or preparation as aroresaid containing more where than two and one-half per cent, of alcohol is not cont^'ns'"" prepared according to the formula of the British t^°o''®an'd^" Pharmacopoeia or other recognized standard work ^g^^^-'^/"®'' as hereinbefore mentioned the same shall not aicoiioi. be sold or offered for sale in this Province unless

179

2

Commence- ment of section.

the formula in accordance with which it is pre- pared is either printed plainly upon a label or wrapper affixed to the bottle or package in which such compound, mixture or preparation is con- tained or a copy of such formula, verified by affidavit, has been deposited in the office of the Provincial Secretary of Ontario at Toronto, and such affidavit shall be in the form prescribed by the Provincial Secretary aforesaid, and any neglect or omission to comply with the require- ments of this proviso shall be an offence against the Liquor License Act, and the sale of any such compound, mixture or preparation during the continuance of such neglect or omission shall be conclusively deemed a colourable device for the evasion of the Liquor License Act within the meaning of section T of this Act and may be dealt with accordingly. And should any snch compound, mixture or preparation purporting to be prepared in accordance with any formula appearing upon the label or wrapper affixed to any bottle or package or filed in the office of the Provincial Secretary as aforesaid be found to contain a larger amount of alcohol than is re- quired to hold the medicinal constituents thereof in solution or to prevent fermentation, or should such compound, mixture or preparation put- porting to be prepared according to such formula be found at any time to contain a larger per- centage of alcohol than is set out in such formula the person selling the same shall be conclusively deemed to be guilty of a colourable device for the evasion of the Liquor License Act within the the meaning of section 7 of this Act, and may be dealt with accordingly.

(a) This section sihall come into force on the first day of July, 1911.

Imlnded^^' ^- "^^^ ^^^^ -^^^ ^^ further amended by adding thereto the following section: —

Chemist keeping liquor on premises for do- mestic use.

10 (a) Any chemist may keep or have upon his premises, for his own domestic use, a reasonable quantity of beer, ale, porter or lager beer, and may keep or have upon his premises or elsew'here for use in his business " ethylic " or' absolute alcohol, and may keep or have upon his premises or else- where for domestic use or for use in his busi- ness any other kind of liquor to the extent of

179

3

ten gallons, but not more; but except as afore- said no cbemist shall, without the license there- for by law required, keep or have upon his premises or elsewhere any liquor whatever, and the keeping or having upon his premises or else- where by a chemist, without such license, of any liquor save as aforesaid shall be conclusive evi- dence that the same was kept by him for sale in contravention of this Act, and such liquor may in such case be seized and dealt with in all respects as liquor unlawfully kept for sale on unlicensed premises; and in the case of " ethylic " or absolute alcohol kept by such chemist upon his premises or elsewhere, should a Justice of the Peace or Police Magistrate hav- ing jurisdiction find that the quantity kept was larger than was reasonably required, having re- gard to the circumstances of the case, such chemist may be found guilty of keeping liquor for sale in contravention of this Act.

(&) Any chemist who keeps for sale or who sells or Penalty for barters any liquor without the license therefor chemist by law required, unless expressly authorized so license, to do by statute, or unless covered by the saving clauses of this Act, shall for the first offence on conviction thereof be liable to the penalties set out in section 72 of the Liquor License Act for selling, and for a second or any subsequent offence shall on conviction thereof be liable to the penalty prescribed by said section 72 as for a second offence for selling, and in addition thereto his certificate authorizing him to carry on the business of a "chemist and druggist" in this Province shall ipso facto be void and be of no force or effect whatever for a period of two years from the date of his conviction, a copy of which shall forthwith be sent to the Registrar of the Ontario College of Pharmacy, nor until the Council t>f sai<l ('ollcge shall see fit in its discretion, after the ox])iratioii of the said period of two years to rein-iaic sncli cliciiiist, w'ho shall not in the ineaiitime he eligible as a member, director or shareholder of any incorporated com- pany dealing in drugs or medicine in this Pro- vince.

(c) Every chemist shall within seven days of ^^^m^^d sworn ^^^ by the Minister supply the Minister with a writ- as to ten statement on oath of the amount and kind iicmor sold, of liquor purchased by him during the period 179

specified in such demand, the dates when and the persons from whom such liquor was purchased. Such oath may be taken before a commissioner for taking affidavits, a notary public or a justice of the peace. Any default in supplying such f'tnaity. Statement shall be punishable by a penalty of

twenty dollars for each day during which such default continues.

wDofesare (^) ^ wholesale druggist may, notwithstanding any-

diuggists. thing contained in the Liquor License Act, sell

to a duly qualified and registered chemist or chemist and druggist "ethylic" or absolute alco- hol for use in his business as such chemist and druggist, but this provision shall only apply to wholesale druggists who have filed with the License Branch at Toronto a certificate (which shall be annually renewed not later than the first day of May in each year) signed by the Registrar of the Ontario College of Pharmacy that the holder of such certificate is a wholesade druggist within the meaning of this Act.

179

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Wo. 180. 1911

BILL

The Fair Wages and Hours of Labour Kegulation Act, 1911.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. This Act may be cited as "T/ie Fair Wages and Hours short title. of Labour Begulation Act, 1910."

PBELIMINABY.

2. In this Act Interpreta-

, , ., tion.

"Employer" means: — "Employer.'

(a) Any person for whom a workman or shop-assist- ant works, and includes any contractor, agent, manager, foreman, or other person acting or apparently acting in the control of any work- man as herein defined;

(&) Any person, company, or association employing persons in a factory, warehouse or shop, or other place used as a factory, warehouse or shop as defined by The Factories Act; c.^256.* "'

(c) Any municipal corporation, railway company using

steam or electricity as a motive power, electric light and power company and telephone and telegraph company;

(d) And generally all persons who employ workmen in

any branch of work and labour.

^^orkman" means :— " Workman.'

(a) Any person employed at any handicraft or in pre- paring or manufactiiring any article for trade ISO

^

or sale by piece work or otherwise ; and includes any person employed in a bake-house, laundry or dye-works;

(h) Any person who is employed or works in a factory, warehouse or shop of any kind of work what- ever;

Hours of labour.

(c) Any person who works at any trade or business

including unskilled labourers;

(d) All persons, male and female, over the age of

twenty-one years.

3. Eight hours a day shall constitute a legal day's work for all workmen employed within the meaning of this Act, and no workman shall be required or permitted to work more than eight hours in any one calendar day except in cases of (Extraordinary emergency caused by fire, flood or danger to life or property.

Overtime.

4, A workman shall be deemed to work overtime when he works more than forty-eight hours in any week. Every workman who works overtime shall be paid at the rate of one and one-half times the rate per hour at which he is engaged and paid; and in no case shall he receive for such overtime less than forty cents per hour or fraction thereof.

Minimum wage.

5, N^otwithstanding any agreement or understanding to the contrary made by a workman with his employer, no workman shall be employed and paid at less than twenty cents per hour, irrespective of any amount earned at over- time.

Child labour

6. ']^o male infant under the age of eighteen years, and no female infant shall be allowed to work longer than eight hours each day and at such rate of wages for work per- formed whether by piece work or otherwise as shall be fair and reasonable.

The Minister of Agriculture or such officer as he shall appoint is hereby empowered to investigate and fix the rate of wages to be paid to such infants in the various classes of work in which they may be employed.

Penalty.

Rev. Stat., c. 157.

7. If any employer fails to observe and carry out the provisions of this Act, he shall be liable on conviction to a penalty not exceeding one hundred dollars, and the pro- visions of The Act respecting Master and Servant shall, so far as applicable, apply to this Act. 180

SUPPLEMENTAL.

8. — (1) Every employer shall Employers

to keep records of

(a) Keep a record, in the form prescribed, of overtime w^rk"""^ worked by such of his workmen or shop-assist- ants as are males;

(&) Produce such record and furnish extracts there- from to an inspector appointed as hereinafter provided when calkd upon to do so.

(2) If any employer fails to carry out any of the provi- penalty, sions of this section he shall be liable to a penalty not ex- ceeding fifty dollars.

9- — (1) An inspector appointed under The Ontario f^^^^^^ Factories Act may, in addition to the powers thereby con- under

-• 1 1 • ^ •' Factories

terred on him, Act.

Rev.

Stat., c. 256.

(a) At any reasonable hour, by day or night, enter any

building, room or place, .where he has reason- able cause to believe a workman or shop-assist- ant is employed;

(b) Examine any workman or shop-assistant, either

alone or in the presence of any other person, with respect to any matter dealt with in this Act, and require him to sign a declaration of the truth of the matters in respect of which he is so examined ;

(c) Require the production of and examine and take

extracts from any record required by this Act to be kept.

(2) Any person who obstructs any such inspector in the Penalties, exercise of his powers under this section, or who by word or act or by concealing any person, prevents the examina- tion as aforesaid of any workman or shop-assistant shall be liable to a penalty not exceeding fifty dollars.

10. This Act shall not apply to domestics or farm labour- saving ers, nor where all the persons employed as workmen are members of the employer's family.

GOVEBNMBNT WOEKS.

11. — (1) Every contract to which the Province of Ontario Government is a party which may involve the employment of labourers, "^^^^^ WO

workmen or mechanics, shall contain a stipulation that no labourer, workman or mechanic in the employ of the con- tractor or sub-contractor, or other persons doing or con- tracting to do the whole or a part of the work contemplated by the contract, shall be permitted or required to work more than eight hours in any one calendar day except in places of extraordinary emergency caused by fire, flood or danger to life or property.

(2) Every such contract hereafter made shall contain a provision that unless the person or corporation making or performing it complies with the provisions of this Act, the contract shall be void and the person or corporation shall not be entitled to receive any sum nor shall any officer, agent or employee of the Province of Ontario pay or author- ize payment from the funds under his charge or control to the person or corporation, for work done upon or in connec- tion with the contract which in its form or manner of per- formance violates the provisions of this Act.

(3) This Act shall apply to work undertaken by the Province of Ontario by day labour.

(4) In all such contracts and sub-contracts relating there- to the wages paid to workmen employed or engaged therein shall be the current wages for competent workmen in the dis- trict in which the work is being performed according to the scale of wages paid in each class of trade.

(5) Contractors shall post in a conspicuous place on the works under erection the schedule of wages inserted in their contracts for the protection of workmen.

menroTlct ^^- '^^^^ ^^* ^^^^^ Commence on the 1st day of July, A.D. ■ 1911.

180

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BILL

An Act respecting Opticians.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. This Act may be cited as "The Opticians Act" ^^^'"^ ""^•

2. In this Act

(a) "Board" shall mean the Board of Examiners ap- interpreta-

N / , '- tion.

pointed as hereinafter provided. " Board,"

(&) "Minister" shall mean the member of the Executive " ^'"'^ter," Council for the time being charged by the Lieutenant-Gov- ernor in Conncil with the administration of this Act.

(c) "Optician" shall mean a person who for gain employs "Optician," any means other than drugs, medicine or surgery for the meas- urement of the power of vision and the adaptation of lenses and prisms for the aid and correction thereof.

{d) "Kegulations" shall mean regulations made under the j.'.^®|V.'^" authority of this Act.

3. l^othing in this Act shall apply to or affect any legally appiy°tV" qualified medical practitioner. ^racution-

ers. SeUinj?

4. ISTothing in this Act shall prevent any person optical from having or offering for sale spectacles or eye-glasses ^"^^'^^•'cel" which may be selected by the purchaser wiihmit tlie nli1,

advice or selection of the vendor.

5. The Lieutenant-Go\ci'iiMr in ('(Uincil in;iv ;i|ij)niiif a ^^|J„jners.

Board of Exinninciv< cdii-i-;! iim- ^A li\c persons iiriU'licjilly

conversant witli llic pniciicc df upliciiins. \vli<> sliall, subjool

t(i llic rcirnlations, — 181

i^uiics- (a) Prescribe the subjects in which candidates for

certificates of qualification as opticians sihall be granted.

(b) Conduct examinations of candidates or provide for and supervise the examinations of candidates for such certificates, and report thereon to the Minister.

(c) Issue licenses and certificates of qualification to applicants therefor who have passed such exam- inations or are otherwise entitled thereto.

Quorum. 6. Auj three members of the Board shall form a quorum.

Secretary. 7. The Lieutenftnt-Govemor in Council may appoint one

of the members of the Board or some other person to be the Secretary of the Board.

Register. g. The Secretary of the Board shall keep a register in

wtich sihall be entered .the name of every person to whom a certificate of qualification is granted under this Act and the date at which the same is granted.

Regulations. 9_ 'pjjg Lieutcnant-Govemor in Council may from time to time make regulations, —

(a) For the examination of candidates for licenses and certificates of qualification and permits, the granting of such licenses, certificates and permits, and the evidence to be furnished by candidates as to sobriety and good character and as to previ- _ ous training and experience.

(h) For determining the time of continuance of such licenses and certificates and permits and renewal of same.

(c) For fixing the fees to be paid by such candidates upon any such examination, or for any license or certificate of qualification or permit or renewal lihereof .

(d) For prescribing the causes for which any license or certificates or permits may be revoked, can- celled or suspended.

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(c) For fixing the fees or other remuneration to be paid to the members and staff of the Board.

10. Every person practising as an optician in Ontario a-t^^t^^^^^ the time of the passing of this Act and who applies to the before ist Board for a certificate of qualification before the Ist day of

July, 1911, upon furnishing such evidence of sobriety, good character and experience as the Board may require and upon payment of the prescribed fee, shall be entitled to receive a certificate of qualification from the Board.

11. Any person who feels himself aggrieved by the de- Appeal from cisions of the Board may appeal therefrom to the Minister iviin[ster. upon giving such notice as the Minister may prescribe and

the decision of the Minister shall be final.

12. The Board shall make a report to the Minister on or Annual before the 31st day of December in every year, shewing pfoard."

(a) The number of certificates granted by them during the preceding year and the persons to whom granted.

(h) The number of applications for certificates refused during the preceding year and the causes

for refusing the same.

•

(c) The .number of certificates revoked, cancelled or suspended during the preceding year.

(d) The amount of fees received by them from can- didates or owners of certificates during the pre- ceding year.

(e) The travelling and other expenses of the Board and the Secretary, and the fees, salary or other remuneration received by the Board and the Secretary, and

(/) Such other matters as may be directed by the- Minister or the Lieutenant-Governor in Council.

13. The receipts and expenditure of the Board shall be Audit of

^ 14 i_ 1 i? .1 receipts and

audited by a Chartered Accountant not a member ot tne expenditure. Board and the fees, salary or other remuneration paid to the Board shall be paid out of the fees received from candidates or others and shall in all cases be subject to the approval of the Minister. 181

Certificate to be exposed to view.

14. A certificate held by any person under this Act shall at all times be exposed to view in the place of business carried on by such person or in which he is employed, and failure to keep such certificate so exposed shall be prima facie evidence of the lack of qualification under this Act.

Penalty for professing to be licensed.

10 Edw. VII., c. 37.

15. After the 1st day of July, 1911, every person who, not being the holder of a certificate of qualification issued by the Board or of a renewal thereof, holds himself out as an optician, or uses any sign or letters or words or abbreviations importing that he is an optician shall incur a penalty not exceeding $25, to be recoverable under The Ontario Sum- wary Convictions Act.

181

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No. 182. 1911.

BILL

All Act to amend The Ontario Game and Fisheries

Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario,

(iiacts as follows: —

1. The Ontario Game and Fisheries Act is amended by 7 icdw. vii.,

c 49

adding thereto the following section: amended.

15a. — (1) No person shall hunt, take or kill more than Number of

•i/>i«i H /\ -1 • duck and

25 Wild duck of any kind, nor more than 10 partridge m partridge any one day, nor more than 150 duck or more than 50 part- be taken^^ ridge in all in any one year during the period in which wild duck or partridge as the case may be may be killed ;

(2) No person shall have in his possession more than 100 wild duck of any kind nor more than 50 partridge, at any one time but this shall not prevent a wholesale or retail merchant having wild duck for sale at his ordinary place of business.

2. Section 21 of The Ontario Game a/nd Fisheries Act,l^^^'^^l prohibiting the use of guns of the description known as auto- repealed, matic in the killing of game, is repealed.

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No. 183. 1911.

BILL

An Act to amend The Beach, Shore and River Bed Protection Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. This Act may be cited as "The Beaches and Shores ^^orttme. Act, 1911"

2. ^Notwithstanding anything contained in The Beach f^ant^g°'^ Shore and River Bed Protection Act, the council of any ranni- right to cipality may pass By-laws, or gravel

f J '' f , -^ ^ in certain

places.

(a) For granting to any owner or occupant of land in ^^J^ s'^^'- the municipality the right to take sand or gravel from the beach or shore of any lake or other body of water or from the bank of any river, stream or creek at any point on a highway maintained by the corporation of the municipality;

(&) For charging such tolls for the right to take such saiid or gravel as the council of the municipality may think proper ;

(c) For acquiring by purchase or otherwise or for For acquir-

entering upon, taking and using without the con- purchase or sent of the owner thereof, any part of the beach ^on'^sand ' or shore of any such lake or other body of water "i" s^*'^^'- or the bank of any such river, stream or creek, making compensation therefor as provided by The Consolidated Municipal Act, 190S; c/n.'

(d) For granting to any owner or occupant of land in

the municipality the right to take sand or gravel from any such beach, shore or bank ;

(e) For charging such tolls for the right to take such

sand or gravel as the council may think proper. 1«3

Rafiwa^and ^* — (^) ^^ Bj-law s'hall be finally passed under section Municipal 2 uutil the samc has been submitted to and received the ap- leqiiired. provul of The Ontario Railway and Municipal Board.

Report of engineer or surveyor, and plan of.

(2) The application for such removal shall be accom- panied by the report of an engineer or Ontario Land Sur- veyor containing a plan of the lands from which the sand or gravel is to be taken, and the names of the owners of any lands from or in front of which such sand or gravel may be removed.

Notice of application.

(3) Notice of the date, hour and place of the application accompanied by a copy of the By-law shall be given to every owner and occupant of such lands by registered letter, mailed to his last known post office address at least 30 days before the application.

Right of (4) Every such owner and occupant shall have the right

owner to \ / */ x o

be heard. to be 'heard in person or by counsel upon the application.

Board not '^* "^^^ Board shall not approve of any such By-law if

to approve upou such application it appears that the removal of such

^' ^^' sand or gravel,

(a) May cause the subsidence of or injury to or in any way interfere with any artificial work or struc- ture, having for its object the protection or for- mation of such beach, or the beautifying or pro- tection of any adjoining land; or

(6) Endanger in any manner the safety of the public or of any person using or passing over adjoin- ing lands ; or

(c) Injure, impair the beauty of or purpose of, or in any

manner affect lands used as an orchard, garden or pleasure ground, or as a summer residence. or health resort; or

(d) Injure or affect the safety of any highway or

bridge; or

(e) Injure or interfere in any manner with, or with

the right of access to, any wharf, dock, landing stage, boat-house, bathing-house or any other structure erected for the convenience or pleasure of the public, or of t^e owners of adjoining lands.

183

3

5. The Board shall not approve of the By-law if upon the ^*^| ^^^"^ application it appears that the beach, shore or bank from pleasure which the sand or gravel is to be taken is used generally by ^^°^^ ' ® ^' the public or by the owners or occupants of adjoining lands

as a promenade, pleasure ground or play ground, or is re- sorted to largely for bathing and boating purposes.

6. The Board may amend the By-law if it considers that Board such amendment will remove any cause of objection which by-iaw. might otherwise be taken to it, and the council may adopt

the By-law as so amended and finally pass the same.

7. Every decision of the Board under this Act shall be Decision of final and shall not' be subject to appeal. be flnai.°

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No. 184. 1911.

BILL

An Act respecting Embalmers.

HIS MAJESTY, by and with the advice and consent of the Legislative Assemhlj of the Province of Ontario, enacts as follows: —

1. This Act msLy he. cited &a "The Embalmers' Act." short title.

2. In this Act

(a.) "The Board" shall mean the Board of Examiners ap- interpreta- pointed under this Act. -^Board,"

(b) "Embalming" shall mean the disinfection or preserva- •• Embaim- tion of the dead human body, entire or in part, by the use of •"^•". chemical substances, fluids or gases, ordinarily used, prepared

or intended for such purpose, either by outward application of such chemical substances, fluids or gases on the body, or by the introduction of the same into the body by vascular or hypodermic injection, or by direct application into the organs or cavities.

(c) "Minister" shall mean the member of the Executive " Minister," Council for the time being charged by the Lieutenant-Gover- nor in- Council with the administration of this Act.

(d) "Regulations" shall mean regulations made under thcti^nf"^*' authority of this Act.

3. The Lieutenant-Govemor-in-Council may appoint a Board of ^^ Board of Examiners consisting of five persons practically " conversant with the business of embalming Who shall, subject

to the regulations,

(a) Prescribe the subjects in which candidates for cer- tificates of qualification as embalmers shall be granted.

184

(b) Conduct examinations of candidates or provide for

and supervise the examinations of candidates for such certificates and report thereon to the Min- ister.

(c) Issue licenses and certificates of qualification to

applicants therefor, who have passed such ex- aminations or are otherwise entitled thereto.

Quorum. 4. ^ny three members of the Board shall form a quorum.

Secretary.

Register.

5, The Lieutenant-Govemor-in-Council may appoint one of the members of the Board or some other person to be the Secretary of the Board.

6. The Secretary of the Board shall keep a register in which shall be entered the name of every person to whom a certificate of qualification is granted under this Act, and the date at whidh the same is granted.

7. The Lieutenant-Governor -in Council may from time to

Regulations by Lieuten-

ernor^n- time make regulations,

Council.

(a) For the examination of candidates for licenses and certificates of qualification and permits, the granting of such licenses, certificates and permits, and the evidence to be furnished by candidates as to sobriety and good character and as to previous training and experience.

(h) For determining the time of continuance of such licenses and certificates and permits and renewal of same.

(c) For fixing the fees to be paid by such candidates

upon any such examination, or for any license or certificate of qualification or permit or renewal thereof.

(d) For prescribing the causes for which any license

or certificates or permits may be revoked, can- celled or suspended.

(e) For fixing the fees or other remuneration to be paid

to the members and staff of the Board.

Persons carrying on business before 1st July, 1911.

8. Every person engaged in or carrying on the business of embalming in Ontario at the time of the passing of this Act and who applies to the Board for a certificate of qualification before the first day of July, 1911, shall, upon furnishing such

1»4

evidence of sobriety, good character and experience as the Board may require, and upon payment of the prescribed fee, be entitled to receive a certificate of qualification from the Board.

9. Any person who feels himself aggrieved by the decis- ^pp^^^^J^°"^ ions of the Board may appeal therefrom to the Minister upon Minister. giving such notice as the Minister may prescribe, and the decision of the Minister shall be final.

10. The Board shall make a report to the Minister on or Annual before the 31st day of December in every year, shewing Board.

{a) The number of certificates granted by them during the preceding year, and the persons to Whom granted ;

(6) The number of applications for certificates refused during the preceding year and the causes for refusing the same;

(c) The number of certificates revoked, cancelled or

suspended during the preceding year ;

(d) The amount of fees received by them from candi-

dates or owners of certificates during the pre- ceding year ;

(e) The travelling and other expenses of the Board

and the Secretary, and the fees, salary or other remuneration received by the Board and the Sec- retary; and

(/) Such other matters as may be directed by the Min- ister or the Lieutenant-Go vernor-in-Council.

11. The receipts and expenditure of the Board shall he ^^eipts^and audited by a Chartered Accountant, not a member of the expenditure. Board, and the fees, salary or other remuneration paid to

the Board shall be paid out of the fees received from candi- dates or others and shall in all cases be subject to the approval of the Minister.

12. A certificate held by any person under this Act shall fo^be^ep^^ at all times be exposed to view in the place of business carried ^^p^^^^^ on by such person or in the place in which he is employed,

and failure to keep such certificate so exposed shall bo prima facie evidence of ibo hick of qualification under this Act.

184

Penalty for

jjrofe.ssiii.L; lit b(j

licPtlSl'il.

13, After the Ist day of July, 1911, every person who, not being the hulikir of a certihcate of qualiiicatiun issued by the iJuard or of a renewal thereof, holds himself out as au embalmer, or uses any sign or letters, or words or abbrevia- tions, importing that he is an embalmer, shall incur a penalty not exceeding $25.

Notice to 14. — (1) No person shall after the Ist day of July, 1911,

Sec14\ary of carry on business as an undertaker in Ontario without a Board"of'^' license from the Provincial Board of Health which shall be Health. issued upon such terms and subject to such conditions and regulations and upon payment of such fee and subject to cancellation or suspension for such cause as the Provincial Board of Health with the approval of the Lieutenant-Gover- nor in Council may prescribe.

(2) Every person carrying on business as an undertaker after the 1st day of July, 1911, without such notice, shall incur a penalty of $25.

Returns of burials.

i'enalty.

15. Every person who as an undertaker conducts or directs the burial of any human body shall forthwith notify the Secretary of the Provincial Board of Health of such burial upon the form prescribed by the regulations of the Provincial Board of Health, and any person neglecting or refusing to carry out the provisions of this section shall in- cur a penalty of $25, and upon conviction his license may be suspended or cancelled by the Board.

Application 16. The Ontario Summarii Conmctions Act shall apply

of 10 Edw. , ,. -, .^y . , '^'^ ''

VII., c. 37. to every prosecution under this Act.

184

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No. 185. 1911.

BILL

An Act to encourage the Destroying of Wolves.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. This Act may be cited as The Wolf Bounty Act short title.

2. In this Act td'''^'^

"County" shall not include the Provisional County of"^°""*y-" Haliburton.

"Regulations" shall mean regulations made by the Lieu- '' Reguia- tenant-Govemor in Council tinder the authority of this Act.

___ . " Wolf."

"Wolf* shall mean a grey timber wolf.

3. Where a person who has tilled a wolf in any County oat.^^and^ or within one mile of any actual settlement in a Oountyof kiiung produces the skin of the wolf with the ears on before thewoifin Sheriff or Treasurer of such County, or before a Police Magip-^°""*^" trate having jurisdiction therein, or before such officer as

the Provincial Treasurer may approve of, together with an affidavit in the form prescribed by the regulations, stating the place where and the date when the wolf was killed, with such other particulars as may be prescribed, the Sheriff, Treasurer, Police Magistrate or other Officer so approved shall cut off the ears of the wolf and shall give to the person producing the skin a certificate in the form prescribed in the regulations.

4. Fpon the delivery of such certificate to the Treasurer ^^^^^Ye of the Countv, together with the akin of the wolf, by the per- by county, son named therein, the Treasurer shall pay to such person the

sum of $15 as a bounty upon the killing of the wolf.

185

Part of bounty to be recouped county by Province.

Uath and certificate of killing of wolf In district.

5. Upon the production of the said certificate and the skin of the wolf the Corporation of the County shall be entitled to receive from the Treasurer of Ontario the sum of $6 upon every bounty of $15 so paid, and the same shall be payable out of such money as may from time to time be appropriated by the Legislature for that purpose.

6. Where a wolf has been killed in a Provisional Judicial District or in the Provisional County of Haliburtwn, the skin with the ears on may be produced before a Judge of the District Court, a Police Magistrate, the Sheriff of the District, an agent of the Department of Lands, Forests and Mines, or before a Clerk of a District Court in the District or Provisional County, and upon the like proof as set forth in section 3, the Judge or Officer before whom the skin is pro- duced may give the certificate mentioned in section 3, and upon the production of such certificate and the skin of the wolf the person named in the certificate shall be entitled to receive from the Treasurer of Ontario tho sum of $15.

When wolf killed in Alg-onquin Park.

10 Edw. VII., c. 2 2.

7. Where a claim is made for the payment of bounty for a wolf killed in Algonquin Park, the affidavit may be taken and the certificate may be given by the Superintendent of the Park, and it shall not be necessary to show that the per- son killing the wolf had the special license provided for by section 9 of The Algonquin National Park Act.

Skin to be delivered to Treasurer of Ontario.

8. Before payment of the bounty to the Corporation of the County or directly to the person killing the wolf, the skin shall be delivered to the Treasurer of Ontario, or to such person as he may designate for that purpose, and shall be- come the property of the Crown and may be disposed of in such manner as the Lieutenant-Governor in Council may prescribe.

Regulations. 9. The Lieutenant-Govemor in Council may make regula- tions for the better carrying out of the provisions of this Act, and a copy of such regulations together with the forms therein prescribed shall be transmitted by the Provincial Treasurer to the officers mentioned in sections 3 and 6 of this Act.

Rev. Stat., c, 290, repealed.

Commence- ment of Act.

10. Chapter 290 of The Revised Statutes of Ontario 189Y, and all amendments thereto, are hereby repealed.

11. This Act shall come into force on the Ist day of July, 1911.

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No. 186. 1911.

BILL

An Act to encourage the Destroying of Wolves.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. This Act may be cited as The Wolf Bounty Act. short title.

2. In this Act . Interpreta-

tion,

"County" shall not include the Provisional County of " county." Haliburton.

"Pegulations" shall mean regulations made by the Lieu- ti^n^.V^*" tenant-Governor in Council under the authority of this Act.

"Wolf" shall mean a grey timber wolf.

Wolf."

3. Where a person who has killed a wolf in any County oath and or within one mile of any actual settlement in a County of killing produces the skin of the wolf before the Sheriff or Treasurer ^'oif in of siK'h County, or before a Police ^fagistrate, or before snoh^"""*^- officer as the Provincial Ti-easnrer may approve of, together

with an affidavit in the fnriii ])rescribed by the regulations, stating- the place where and the date when the wolf was killed, with such other particulars as may be prescribed hy the regulations, the Sheriff, Treasurer, Police Magistrate or other Officer shall give to the person producing the skin a certificate in the form prescribed hy the regulations.

4. T'pon the delivery of such certificate Jl^^by the person ^°"°5y named therein^'^S to theTreasurer of the County, together by county, with the skin of the wolf, the Treasurer shall pay to suc'h person the sum, of $15 as a bounty upon the killing of the

wolf.

185

2

Part of bounty to be recouped county by Province.

Oath and certiflcate of kllllngr of wolf in district.

5. Upon the delivery of the said certificate and the skin of the wolf l^^to the Treasurer of Ontario"''^! the Corpora- tion of the County shall he entitled to receive the sum of $6 upon every bounty of $15 so paid, out of such money as may from time to time be appropriated by the Legislature for J^^the payment of wolf bounty*^^.

6.— (1) Where a wolf has been killed in a Provisional Judicial District, the skin may be produced before a Judge of the District Court, a Police Magistrate, the Sheri5 of the District, an agent of the Department of Lands, Forests and Mines, or before the Clerk of ihe District Court.

When wolf killed in Algronquin Park.

10 Edw. VII., c. 22.

Skin to be delivered to Treasurer of Ontario.

(2) Where a wolf has been killed in the Provisional County of Haliburton, the skin may be produced before a Police Magistrate, an agent of the Department of Lands, Forests and Mines, or a clerk of a Division Court in the Provisional County, a Judge of the County Court of the County of Victoria, the Clerk of the said Court, or the Sheriff of the said County.'''^^

(3) Upon the like proof as set forth in section 3, the Judge or Officer before whom the skin is produced may give the certificate mentioned in section 3, arid upon the delivery of such certificate and tlie skin of the wolf the person named in the certificate shall be entitled to receive from the Treasurer of Ontario the sum of $15 l^^out of such money as may be appropriated by the Legislature for the ])ayin(]if of wolf bounty.''''^^

7. Where a claim is made for the payment of bounty for a wolf killed in Algonquin Park, the affidavit may be taken and the certificate may be given by the Superintendent of the Park, and it shall not be necessary to show that the per- son killing the wolf had the special license provided for by section 9 of The Algonquin National Parh Act.

8. Before payment of the bounty to the corporation of the County or directly to the person killing the wolf, the skin shall be delivered to the Treasurer of Ontario, or to such person as he may designate for that purpose, and shall be- come the property of the Crown and may be disposed of in such manner as the Lieutenant-Governor in Council may prescribe.

J^^9. In case of any claim heretofore or hereafter made

whenever the Provincial Treasurer is satisfied that the person

killing a wolf or the corporation of the County which has

paid a wolf bounty is justly entitled to receive the bounty

he may direct the issue of a cheque in payment thereof

notwithstanding any defect in the affidavit or certificate or 185

any doubt as to the authority of the officer taking such affidavit or giving such certificate, and in such case the Provincial Auditor shall forthwith without further audit or examination countersign such cheque. "^^I!

10. The Lieutenant-Governor in Council may make regula- Regulations, tions for the better carrying out of the provisions of this Act,

and copies of such regulations together with the forms therein prescribed shall be transmitted by the Provincial Treasurer to the officers mentioned in sections 3 and 6 of this Act.

11. Chapter 290 of The Kevised Statutes of Ontario 1897, Rev. stat..

. . c 290 ■ 63 V.

J^^the Act passed in the 63rd year of the reig-n of Her c' 5i ; i Edw! Late Majesty Queen Victoria, chaptered 51; seclion 23 of ^'^Isi ; 6 Edw. the Act passed in the 1st year of the reign of His Late JYa-*? sdw. Majesty King Edward VII., chaptered 12; section 33 of ji|-^'5-j23. The Statute Law Amendment Act, 1906; section 35 of T^e Edw. 'vii.. Statute Law Amendment Act, 1907; and section 41 of T^e repealed. Statute Law Amendment Act, 1910,"^^^, are hereiby repealed.

12. This Act shall come into force on the 1st day of July, ^^^"0?^^' 1911. ■ " • Act.

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"No. 186. 1911.

BILL

An Act to amend the Ontario Game and Fisheries

Act.

HIS MAJESTY, by and witii the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : —

1. Section 12 of The Ontario Game and Fisheries Act is7Edw. vii, amended by adding thereto the following subsection: — a'menaed. '

(5) The Superintendent may at any time make an order su

perin-

in writing directing the taking or killing of beaver by aumay^order overseer or other officer named in the order in any designated *^®, }?:^^^«

t ■)• • 1 ~rt • . 1 • ^ ' ^ ^^ Killing

locality m the Province in which m the opinion of the Super- ?f beaver intendent beaver are causing damage to hig'hways or to cases, private property, but all beaver so taken or killed shall be duly accounted for to the Superintendent.

2. Section 56 of the said Act is amended by striking out all ^ Edw. vii., the words therein down to and including the word " numher " amended. ' in the second line and inserting in lieu thereof the words " There shall also be appointed Wardens of Game and Fisher- Appoint- ies, not exceeding ten in number." wardens

of grame and fisheries

3. — (1) The open season for snipe, rail, plover, and other open birds known as shore birds or waders, shall hereafter com- shore mence on the 15th day of September instead of the 1st day^*'"**^* of September.

(2) The clause lettered (h) in subsection 1 of section H J^4^9^g^\V of the said Act is amended by striking out the words " 1st subs.' i," day of September " in the 2nd and 3rd lines and inserting amended, the words " 15th day of September " in lieu thereof.

4. Subsection 1 of said section 11 is amended by striking ? Ed w. vii, out the word "woodcock" in the clause letered (d) in thegubl; i", ^^' said subsection and by inserting after the said clause the*^"^"^®^- following : — 186

2

Woodcock.

(dd) Any woodcock, except from the Ist day of October to the 15 th day of November, both days inclusive.

I^T'b^iI' 5. — (1) Subsection 2 of section 12 of the said Act is aSie^nded amended by striking out the words " mink or " added by subsection 2 of the Act passed in the 10th year of the reign of His late Majesty King Edward VII., chaptered 101.

Mink.

IJ&T'a^il' (2) The said section 12 is amended by adding thereto the amended, following subsection: —

I wSSn'for.® (4a) iN'o mink shall be hunted, taken or kiUed or had in possession of any person between the Ist day of May and the first day of IsTovember following.

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1^0. 186. 1911.

BILL

An Act to amend The Ontario Game and Fisheries

Act.

HIS MAJESTY, by and wit'h the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. Section 12 of The Ontario Game and Fisheries Act is ^ ^aw. vil,

c 49 s* 12

amended by adding thereto the following subsection: — aVaenaed.

(5) The Superintendent may at any time make an order superin- in writing directing the taking or killing of beaver by anmay^order overseer or other officer named in the order in any designated or\iufng* locality in the Province in which in the opinion of the Super- °^ cen' in intendent beaver are causing damage to hig'hways or to cases, private property, but all beaver so taken or killed shall be duly accounted for to the Superintendent.

2. Section 56 of the said Act is amended by striking out all ? exJw. vil,' the words therein down to and including the word " number " amended.

in the second line and inserting in lieu thereof the words

" There shall also be appointed Wardens of Game and Fisher- Appoint-

ies, not exceeding ten in number." wardens

of g^ame and flsheriea

3. — (1) The open season for snipe, rail, plover, and other open birds known as shore birds or waders, stall hereafter com- shore mence on the 15th day of September instead of the 1st day of September.

(2) The clause lettered (h) in subsection 1 of section 11 J. ^4*^7-87^11; of the said Act is amended by striking out lke words " 1st subs.' i, day of September " in the 2nd and 3rd lines and inserting amended, the words "15th day of September " in lieu thereof.

4. Suhsection 1 of said section 11 is amended by striking 7 Edw. vil, out the word "woodcock" in the clause letered (d) in the subs! T, ^^* said subsection and by inserting after the said clause the ^"'®'^'*®^ following : — 18«^

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Woodcock.

7 Edw. VII., c 49. s. 12, Bubs. 2. amended.

Mink.

7 Edw. VII., e. 49. s. 12, amended.

Mink, close •eason for.

7 Edw. VII. e. 49, s. 48, subs. 1, clause d, amended.

Fee for non-resi- dent licenses

7 Edw. VII., e. 49, s. 60, amended.

Informa- tion may include two or more offences.

(dd) Any woodcock, except from tlie 1st day of October to the 15th day of November, both days inclusive.

5. — (1) Subsection 2 of section 12 of the said Act is amended by striking out the words " mink or " added by subsection 2 of the Act passed in the 10th year of the reign of His late Majesty King Edward YIL, chaptered 101.

(2) The said section 12 is amended by adding thereto the following subsection : —

(4a) No mink shall be hunted, taken or killed or had in possession of any person between the 1st day of May and the first day of November following.

6. 1^^ Clause (d) added to subsection 1 of section 48 of The Ontario Game and Fisheries Act, by sedtion 6 of the Act passed in the 10th year of the reign of His late Majesty King Edward VII., and chaptered 101, is amended by strik- ing out the figures "$10" in the last line and inserting the figures " $20 " in lieu thereof."^!

7. jJ^F^ Section 60 is amended by adding the following as subsection 3a.:-

I^^A complaint or information may be for two or more offences. "^^S

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No, 181 1911.

BILL

An Act for Eaising Money on the Credit of the Consolidated Kevenus Fund of Ontario.

HIS MAJESTY, by and wit'h the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:- —

1. The Lieutei] ant-Governor in Council is hereby author- Loan of ized to raise by way oi loan a sum oi money not exceeding authorized, five million five hundred thousand dollars ($5,500,000) for

any or all of the purposes following, that is to say: For the public service; for works carried on by Commissioners on behalf of the Province ; for the covering of any debt of the Province on open account; for paying any floating indebted- ness of the Province, and for the carrying on of the public works authorized by the Legislature.

2. The aforesaid sum of money may be borrowed for any Terms of term or terms not exceeding forty years at a rate not exceed- °^"" ing four per centum per annum, and shall be raised upon the credit of the Consolidated Revenue Fund of Ontario and

shall be chargeable thereupon.

3. All bonds and inscribed stock issued under the authority securities

to hft ^Tfifi

of this Act shall be free from all Provincial taxes, succession from duty, charges and impositions whatsoever. t^es."^**'

4. The Lieutenant-Governor in Council may provide for a^^^^^"*^ special sinking fund with respect to the issue herein author- ized, and such sinking fund may be at a greater rate than

the one-half of one per centum per annum on the amount of such debentures or stock, as specified in subsection 2 of Fection 4 of The Provincial Loans Act.

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No. 188. 1911.

BILL

An Act to amend The Voters' Lists Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. Sections 21 and 22 of The Ontario Voters' Lists Act^ Edw. vii.,

c. 4, ss. 21,

are repealed and the following substituted therefor : 22,

^ ^ repealed.

21. — (1) If no complaint is made within thirty days after ^®[*^^J'"^ the Clerk has posted up the list in his office, he shall forth- ^°^'^*5^ with apply either in person or by letter to the Judge to certify yhen no (Form 14) a sufficient number of copies of the list as being made, the last revised list of voters for the municipality to furnish one copy of such list to each of the following persons, ceive copies. namely :

(a) The Judge;

(5) The Clerk of the Peace;

(c) The Clerk of the Municipality;

(d) The Member of the House of Commons for the

electoral district in which the municipality or any part thereof lies;

(e) The Member of the Assembly for the electoral dis-

trict in w'hich the municipality or any part there- of lies; and

(/) Every candidate for whom votes were given at the then last election of a member for the House of Commons and the Assembly respectively for the electoral district in which the municipality or any part thereof lies.

188

Certificate of Judge.

When changes made by Judge.

Copies of revised list to be delivered to certain persons.

Certificate of

Judge on copies.

(2) The judge skall certify eaxjh of such copies and shall retain one and shall deliver or transmit by registered post, on© copy to each of the persons mentioned in clauses (b), (c), (d), (e) and (/) of subsection 1.

22. — (1) If any complaint is made and allowed by the Judge, he shall immediately after the list has been finally revised, furnish to the Clerk a statement of the changes made by him in the list.

(2) The Clerk shall thereupon prepare a sufficient n/iiraber of copies of the list as revised by the Judge to furnish one copy for each of the persons mentioned in clauses (&), (c), (d), (e) and (/) of subsection 1 of section 21, and shall with- in one week after the revision has been made transmit or deliver such copies to the Judge.

(3) The Judge shall thereupon sigti and certify (Form 15) sudh copies and deal therewith in the manner provided by subsection 2 of section 21.

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No. 189. 1911.

BILL

An Act to amend the Surrogate Courts Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. Section 8 of The Surrogate Courts Act is amended by lOEdw.vii., adding after subsection (1) thereof the following words rgs.^Vi?.' ^' "or one of His Majesty's Counsel learned in the law upon^"^®"'^®^- the request in writing of the Judge."

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No. 189. 1»11-

BILL

An Act to amend The Surrogate Courts Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. Subsection 1 of section 8 of The Surrogate Courts Act, ioih&w.vtl, is repealed and the following substituted therefor: — ss. (if[ '

repealed.

(1) In case of the illness or absence of the Judge of the^i^oyisioii Surrogate Court of any county or district, m which there or absenc* is only one Judge, any Judge who has authority to preside over the county or district court of the county or district, or any barnister of 10 years' standing, on the request in writ- ing of the Judge of the Surrogate Court or of the Attorney- General of Ontario, may act as Judge of the Surrogate Court.

2. Section 34 of The Surrogate Courts Act is amended by lo Edw. vil, adding the following subsections : amended.

(5) An appeal shall also lie from any order, decision or Appeal from

determination of the Judge of a Surrogate Court |ccoLi°8. on the taking of accounts in like manner as from the report of a Master under #, reference directed by the High Court, and the practice and pro- cedure upon and in relation to the appeal shall be the same as upon an appeal from such a report.

(6) Subsections 2 and 3 shall not apply to the appeal

provided for by subsection 5.

3. Section 69 of the said Act is hereiby repealed and the|-^«^^^^ following substituted therefor:

"69. — (1) Where a claim or demand is made against Notice

\ 0 1 -1 I'l'.i* contestlnsr

the estate of a deceased person which, m the opm- claims

' made.

180

2

Application for order allowing claim.

Claim within jurisdiction of Division Court.

Notice in such case.

Right of persons in- terested to be heard.

Appea4 from surro^te . Judge.

ion of his personal representative, is unjust, in whole or in part, or where such personal repre- sentative has notice of such a claim or demand, he may, at any time before payment serve the claimant with a notice in writing that he con- tests the same in whole or in pun, and, if in part, stating what part and also referring to this sec- tion.

"(2) Subject to the provisions of subsection 3, the claiin-

ant may thereupon apply to the Judge of the Sur- rogate Court out of which the probate or letters of administration of the estate issued for an order allowing his claim and determining the amount of it, and the judge shall hear the parties and their witnesses and shall make such order upon the application as he may deem just, and if he does not make such application within thirty days after receiving the notice or within such further time as the Judge either before or after the expiration of the thirty days may allow, he shall be deemed to have abandoned his claiw and the same shall be forever barred.

"(3) Where the claim amounts to not more than $100 and is otherwise within the jurisdiction of the Division Court the application shall be made to a Judge of a Division Court in which an action for the recovery of the claim might be brought, and shall be heard by the Judge at the sittings of such Court unless the claimant and the personal representative consent to the application being made to the Judge of the Surrogate Court and in that case the application may be made id him.

"(4) 'Not less than seven days notice of the application shall be given to the personal representative, and where the application is to be made to the Surro- gate Court Judge, shall also be given to the Oflficial Guardian if infants are concerned, and to such, if any, of the persons beneficially inter- ested in the estate as the Judge may direct.

"(5) Where the application is made to the Judge of the Surrogate Court, in addition to the persons to whom notice given any other person who is interested in the estate shall have the right to be heard and to take part in the proceed- ings.

"(6) If the amount of the claim or the part of it which is contested exceeds $200, an order of the Judge 189

8

shall be subject to appeal as provided by subseo- tion 5 of section 34, and the order, unless re- versed on appeal and as varied if varied on ap- peal, when filed in the County Court of the county shall, irrespective of the amount of the claim, become and may be enforced in like man- ner as a judgment of that Court.

"(Y) Where the claim or the part of it which is contested Action may amounts to $800 or more, instead of proceeding to be brought i as provided by this section, the Judge shall, oui^goo^o™ *^

; the application of either party, or of any of the ™'^^®-

'^ parties mentioned in subsection 5, direct the

{ -,- creditor to bring an action in the High C6urt for

' .; the recovery or the establishment of his claim

U • on such terms and conditions as the Judge may

f ! , r> deem just.

V. .: "(8) The order of the Judge of a Bivision Coujt shall ^^^^^^

f, ■ '^ have the effect of, and may be enforced -in like division

ij, . manner as a judgment of that Court. ';

"(9) Where the claim amounts to Jiot more than $100 costs when and is otherwise within the jurisdiction of the within r Division Court, the fees 'and costs shall- be ae- court

M cording to the tariff of that Court, and in other ^"'•'«^*««°°-

[ cases the fees payable to the Judge of the Surro-

|| gate Court and to the Registrar shall be the

[ same as are allowed on an audit in an estate of a

value equal to the amount of the claim or so much thereof as is contested.

"(10) Where an appeal lies as provided by subsection ^Jg^^J^o' 6, if the personal representative does not appeal j"*^''®^||f from the order, the Official Guardian or any person beneficially interested in the estate may by leave of a Judge of the High Court appeal therefrom.

"(11) Where the personal representative appeals, *'i6^ef^on*'j„. Official Guardian and any person beneficially in- terested to terested in the estate may by leave of the Court on appeal, which hears the appeal appear and be heard in support thereof.

"(12) The provisions' of this section shall apply ^<>t"^]^^5^|'e"°* withstanding that the claim or demand is not presently payable and that for that reason an action for the recovery of it could not be brought and in snch a crsp the ordor of the Judge shall not be ev^^>vpofiMo hy oyrnvfinn until the claim or demarc' bofnnio= pavnblc."

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No. 189. 1911.

BILL

An Act to amend The Surrogate Courts Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario,

enacts as follows: —

l^^l. Subsection 1 of section 8 of The Surrogate loEdv/.vn. Courts Act, is repealed and the following substituted there- gs.^ViK *^

for : ^'^^ repealed.

13^^(1) In case of the illness or absence of the Judge of Provisio.. the Surrogate Court of any county or district, any Judge or absence who has authority to preside over the county or district '^^ Judge, court of the county or district, or any one of His Majesty's Counsel Learned in the Law, upon the request in writing of the Judge of the Surrogate Court or of the Attorney-General of Ontario, may act as Judge of the Surrogate Court. ""^J

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N"o. 190. 1911.

BILL

An Act to amend the Power Commission Act.

HIS MAJESTY, bj and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. Section 22 of The Power Commission Act is amended? Edw. vii. by inserting after subsection 4 thereof the following subsec- amended. ' tions :

(4a) The location of all poles, conduits and wires of any Location municipal corporation or company receiving power from the condu'fts. Commission on streets and highways, shall be subject to the ^ppi- Jved"" approval of the Commission, and such municipal corporations ^y. c?"i- or companies, whether such poles, conduits or wires have or have not been heretofore placed in position, may locate and maintain the same as and where the said Commission may order.

(4Z)) In all cases, where in the opinion of the Commission, where it is desirable in the public interest that conduits should be other laid or maintained, or lines of poles erected or maintained ^nduits. upon any street or highway on which any other conduits or poles for any electrical purpose have been heretofore placed or erected, the Commission may order and direct that, not- withstanding any law or statute to the contrary, the poles, conduits and wires of any municipal corporation or company receiving power from the Commission, may be placed or maintained at such positions along such highways as the Commission may order, notwithstanding the proximity of existing conduits, poles or wires.

(4c) The Commission may, in their discretion, order thatusins:

. . . . existing'

the wires of any such munici])al corporation or company maypoles be attached to any existing poles, where such poles are capable jults*^"" of carrying such new wires in addition to the wires already ^jreg. carried, without injury, in the opinion of the said Oommis-

190

sion, to the property of sucli existing companies; and the municipal corporation or company receiving power as afore- said from the said Commission shall, in such cases, pay to the existing company whose poles are so used, such fair and adetjuate remuneration as the said Commission may order. The said Commission may, if the Commission decide that such existing poles are unable to carry further wires, and it is in the public interest that two linos of poles should not be erected upon the same highway, order that the existing poles shall be replaced with stronger poles, capable of carrying both services ; and in such case the municipal corporation or com- pany receiving power from the Commission shall, at its own cost and expense, erect such new poles, remove the old ones, and make all proper and necessary connections of the existing wires to such new poles in such manner as the Commission shall direct, and shall indemnify and save harmless the exist- ing company, from any costs or expenses in connection with the making of such change. The poles so substituted shall become the property of the existing company, subject to the right of fhe municipal corporation or company empowered to do the work under this section, to string and maintain wires thereon by means of cross arms or otherwise as the Commission may direct.

Orders for mainten- ance or renewal of poles.

(46^) The Commission shall on the application of any company or municipal corporation interested or may of their oMTi motion make orders and directions for the maintenance or renewal of all poles and therein provide that it shall be the duty of any company or municipal corporation interested and designated therein to maintain such poles in the manner directed and to renew the same as and when the said Com- mission may from time to time order and all other com- panies or the municipal corporations interested in such poles shall pay such sums to the company or municipal corporation charged with such maintenance or renewal as the Commission may from time to time order and direct.

Location of poles or conduits.

(4e) The. Commission may direct the location and main- tenance of poles and conduits at any point or points in public highways that the Commission may order, notwithstanding the existence of other poles and conduits, and notwithstanding the relative position of the different plants; but municipal corporations and companies obtaining orders from the Com- mission shall pay to existing companies any damage the existing companies' plant may receive as a result of construc- tion or maintenance under such order; such damage to be fixed by the Commission on application made to them for such purpose.

190

(4/) The orders and directions of the Commission shall orders of

, , . , . 1 , . ,, . . , . Commission

be bmaing and conclusive upon all miinicipal corporations to be and electric companies owning, erecting or maintaining poles, conduits or wires on any street or highway, and shall be so construed, in all courts in all actions or proceedings hereto- fore or hereafter brought, except in cases where the rights of sucli municipal corporations or electric companies have been finally adjudicated upon.

(4^) The Commission shall have exclusive jurisdiction in Exclusive all cases and in respect of all matters in w'hich jurisdiction tion of

J. 1 •, " Commis-

is conierred on it. sion.

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'No. 190. 1911.

BILL

An Act to amend the Power Commission Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — •

1. This xlct may be cited as The Power Commission short title. Amsndment Act, 1911.

2. In this Act

(a) ''Highway" shall include street, lane, road, square interpreta- or other public passage, and "Highways" shall ^ay."^'^*^" • have a meaning corresponding to that of high- way.

(&) "The Commission" shall mean The Hydro-Electric ;;^;heCom- Power Commission of Ontario.

(c) "Works" shall include wires, pipes, poles, conduits, "Works." ducts and other fixtures, appliances or apparatus.

{d) "Corporation" shall mean and iiiclmJo a municipal ■^Corpora- corporation or any Board ur Commissioners, in- corpoated or unincorporated, acting on behalf of a municipal corporation or of the inhabitants of a municipality, and an incorporated company.

3. — (1) Where a corporation has construoted or desires ^PP[g°'!;.fJ^^_ to construct works for conducting, furnishing or distributing Jn^^w^orks^^ electricity for light, heat or power purposes, in, imder or up- mission. on Hiiy loiiliway, or part of highway, in, nndor or upon which any orlior corporation has already constructed and has works for the like purposes, or any of them, upon the application of the first mentioned corporation and after notice to the other and hearing any objections which it may make, the Commis- sion may, if it is of opinion that the location and mode of construction of such Avorks are proper. ;in])rove of the same;

190

2

Approval upon con- ditions.

and all works which such first mentioned corporation has constructed or may thereafter construct, the location and mode of construction of which have been so approved, shall be deemed to have been constructed under statutory authority and to be lawfully constructed and may be maintained and operated by such corporation without its incurring any lia- bility to any other corporation in respect of the construction, maintenance or operation of such works, except that provided for by section 4, any statute or law to the contrary notwithr standing.

(2) Such approval may be given subject to such condi- tions as the Commission may deem necessary to prevent in- jury to the works of the other corporation, or to such other corporation and its servants and workmen, in maintaining, repairing and operating them.

Insulation. (3) Where the Commission is of opinion that it is neces- sary or expedient, in order to prevent danger from contact between the wires of two corporations, or from any other cause, that insulators or other appliances should be affixed to the poles of either corporation, or that the wires of either of them should be attached to such insulators or other appli- ances, the Commission may authorize or direct such insula- tors or other appliances to be so affixed, and such wires to be so attached in such manner as the Commission may deem best calculated to prevent such danger; and anything done by either corporation pursuant to such authority or direc- tion shall be deemed to be lawfully done.

Work to be done at expense of initiating corpora- tion.

(4) Anything authorized or directed to be done under the provisions of subsection 3 shall be done at the expense of a corporation constructing the works in a locality in which works have already beeil constructed by another corporation, and under such supervision as the Comimission may direct.

i

Powers (5) The powers conferred by this section may be exer-

from time cised from time to time as occasion may require.

to time.

Application (6) The provisions of this section shall apply to works already of a corporation constructed before the passing of this Act.

constructed. x o

Claims for damages by One corpora

4. — (1) If any damage or injury is done to the works of a corporation or any of them, or is occasioned in the main- a^other!'"^* tenance or operation of them by reason of the works of an- other corporation, or any of them, being constructed or oper- ated in closer proximity to the works of such first mentioned corporation than, but for the provisions of section 3, would have been lawful, no action shall lie in respect thereof, but the corporation doing such damage or injury shall make due

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compensation therefor, and any question or dispute as to sucli damage or injury having been so done or occasioned, or as to the amount of the compensation, shall be determined by arbitration, and the provisions of The Consolidated Muni- cipal Act, 1903, with respect to arbitration in the case of clainis against municipal corporations shall apply mutatis mutandis to the procedure upon an arbitration under this section.

(2) The corporation claiming damages shall, within one Notice of month after the expiration of any calendar year, in which it claims that any such damage or injury has been so done or occasioned, give notice in writing to the other corporation of its claim and of the particulars thereof, and upon failure to do so the right to compensation in respect of the damage or injury done or occasioned during that year shall be for- ever barred.

5. Where the location and mode of construction of any Approval works of a corporation which have been constructed before sion°may be the passing of this Act are approved by the Commission under Pleaded, the provisions of section 3, the approval of the Commission

may be set up in and shall be available as a defence to any action now pending to the same extent and with the same effect as if such action had been commenced after the passing of this Act, and the giving of such approval; and where it is so set up, the plaintiff shall be entitled to discontinue the action, and, if he does so, to be paid his costs of it by the defendant.

6. The Commission shall have exclusive jurisdiction as Exclusive

n • <• 1 • -I ii -i • -L 1^1 • A i jurisdiction

to all matters m respect of which authority is, by this Act, of com- conferred upon it, and nothing dbne by the Commission "" ^® within its jurisdiction shall be open to question or review in any action or proceeding or by any Court.

7. IsTo Court shall have authority to grant, or shall grant JurisdicUon an injunction, or other order, restraining, either temporarily ousted.

or otherwise, the construction, maintenance or operation of any works, the location and mode of construction of which have been approved by The Commission if the same are be- ing, or have been, constructed in the place and according to the mode which have been so approved.

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No. 191. 1911.

BILL

An Act to amend the Charity Aid Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : —

1. The Charity Aid Act is amended by adding the f ol- Rev. stat,

lowing sections : amended.

18. In this and the following sections of this Act,

(a) "Hospital" shall mean and include a public hospi- i^terpreta- tal receiving aid under this Act. "Hospital.*

(h) "Resident" as applied to a municipality shall mean "ReBident" and include any person who has resided in the municipality continuously for three months, or who, though not having resided therein continu- ously for such three months, was actually em- ployed therein immediately prior to being ad- mitted to a hospital.

19. — (1) The Superintendent of a hospital immediately Notice to upon the admission of a patient to a public ward in the hos- ^^^^.fp^. pital shall notify by registered post the Clerk of the Muni-^yj^j^o™ cipality from which such patient represents himself as being patient brought, that such patient has been admitted to the hospital, giving Inch particulars as may be ascertainable to enable the Clerk of the Municipality to identify the patient.

(2) Unless the Clerk, within fourteen days after the mail- Residence ing of the notice, shall notify the Superintendent in writing

that the patient is not a resident of such municipality, he shall be so considered for the pui^oses of this Act.

(3) Upon the discharge or death of such patient, the Sup- Recovery erintendent shall immediately notify by registered post therfom muni- Glerk of such municipality of that fact, enclosing a detailed *'^*'*^^*'^*

191

statement of the claim of the hospital against such patient, and such municipality shall thereupon become liable for and shall pay to the hospital the amount of such claim as and for a debt due to the hospital if at the time of his admission to the said hospital he was a resident of such municipality.

Patients from unor- ganized townships.

Limitation of charge for public ward patient.

Burial expenses.

Ldabilfty of pati«nt or his estate to munici- - palitsr.

(4) Where a patient is brought from an unorganized town- ship in which he was employed immediately prior to his ad- mission to the hospital, the Superintendent shall notify his employer in the manner and giving the particulars provided by subsection (1.)

20. ITo hospital shall charge against a municipality for nursing and attendance upon any public ward patient a higher rate than YO cents per day.

21. Upon the death of a public ward patient in a hospital, the municipality of which such person was a resident immedi- ately prior to being admitted to the hospital shall also be- come liable for and shall pay to the hospital for the burial expenses of such patient, not exceeding $15.00 as and for a debt due to such hospital.

22. Upon payment hj a municipality of an account of a hospital for treatment Or burial of a public ward patient such patient or his executors or administrators shall immediately become liable for and shall pay to such municipality the amount so paid, and such amount may be sued for and col- lected by such municipality as and for a debt due to such municipality and neither the patient nor his estate shall be allowed to claim any exemption under any Act in respect of such debt

of^^Id* ^^' ^ municipality and a hospital may. agree that the

annual municipality shall pay a fixed annual amount to the hospital -

munici- in lieu of any liability which may accrue under the provis-

^ ^ ^' ions of actions 19, 20 and 21.

24. Kothing in this Act shall conflict with the Begula- Edw. VII., tions made in accordance with The Act Respecting Sanitary

Regulations under

c. 34

Regulations in Unorganized Territories.

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iNTo. 192. 1911

BILL

An Act for the Protection of the Public Interests in the Bed of Navigable Waters.

HIS MAJESTY, by and with the consent of the Legisla- tive Assembly of the Province of Ontario, enacts as follows: —

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1. This Act may be cited as " The Bed of Navigable short title. Waters Act."

2. Where land bordering on a navigable body of water or Grant to stream has been heretofore, or shall hereafter, be granted by sumed'to the Crown, it shall be presumed, in the absence of an express ^^ter's or ant of it, that the bed of such body of water or stream was edge. not intended to pass to the grantee of the land, and the grant

shall be construed accordingly and not in accordance with the rules of the English Common Law.

I

3. Section 2 shall not affect the rights of the grantee, or saving as of any person claiming under him, where such rights have cases!^^^'" heretofore been determined by a court of competent juris- diction in accordance with the rules of the English Com- mon Law, or of a grantee from the Crown, or any person claiming under him who has previous to the passing of this

Act developed a water power or powers under the bona fide belief that he had the legal right to do so, provided that he may be required by the Lieutenant-Governor in Council to develop the said power or powers to the fullest possible extent, and provided that the price charged for power derived from such water power or powers may from time to time be fixed by the Lieutenant-Governor in Council.

4. This Act shall not apply to the bed of the river where Act not to

it runs through Lot 8 in the 6th Concession of the Township certain ° ^ of Merritt, in the District of Sudbury. ^'^^^^^^y-

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No. 193. 1911.

BILL

An Act to amend the Municipal Drainage Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

%. The Municipal Drainage Act is amended by inserting lo Edw. ilicrein the following as section 80a.: amendea^'^'

SOa. Notwithstanding anything contained in section 80 Liability of this Act, the municipality whose duty it is paiity for to maintain and keep in repair a drainage work, ca^el^^ shall not become liable in pecuniary damages to^yp^j°"' any owner of land whose property is injuriously affected by reason of the non-repair of such drainage work, unless and until after the expira- tion of two months from the date of service by or on behalf of such owner of notice in writing upon the Reeve or Clerk of such municipality, describing with reasonable certainty the alleged lack of repair of such drainage work.

2. Section 98 of the said Act is amended by adding there- ^^^J^-g^ to the following as subsection Y: s- as,

° amended.

(7) Where the amount awarded is upon a claim for costs m

1 1 /..I ' p 2 ' award of

damages by reason of the non-repair oi a dram- damages age work, the costs allowed to the plaintiff shall repair."' be on the Division Court scale, so far as the same is applicable.

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No. 194. 1911.

BILL

An Act to Provide for the Local Distribution of Electrical Power.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. This Act may be cited as "The Power Commission short tiue. Act, 1911."

2. In this Act tfon.'^'®^

(a) "The Commission" shall mean the Hydro-Electric ^Je^^S*- Power Commission of Ontario;

(6) "Corporation" shall mean the Corporation of a j.'CorT?or»- city, town, township or village municipality.

3. Any one or more of the ratepayers in a municipality, ^pp"^*^,*' the corporation of which has not entered into a contract with supply of the Coiipmission under The Power Commission Act, maymunici- apply to the corporation to obtain from the Commission a use o^ paS-- supply of electrical power or energy for the use of such J^^^^^^y^^ ratepayer or ratepayers for lighting, heating and power pur- poses or for any of such purposes.

4. The application shall be in writing signed by the appli- appucation. cants and shall state the lots or parts of lots owned or occu-

pied by each of them respectively, and the purposes for which the electrical power or energy is required.

5. The Council of the Corporation shall thereupon request ^y«^^«,f«°' The Commission to supply the electrical power or energy for

the purposes mentioned in the application.

6. Upon such request The Commission shall furnish to Estimates, the corporation an estimate of the maximum cost per horse furnished power at which the electrical power or energy will be supplied mission.

194

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at the point of development or of its delivery to The Commis- sion and an estimate of the cost of constructing and providing transmission lines hj means of which the amount of electri- cal power or energy required is to be supplied and of main- taining the same and may furnish to the corporation plans and specifications of the works, plant, machinery and appli- ances necessary for the distribution of such power or energy by the corporation to the applicants, and an estimate of the cost thereof and such other information as The Commission may think advisable.

authorizing '^' Within one month after the delivery of the statement "^ith^co - ^^^ estimates mentioned in the next preceding section, the mission. Council shall, at a special meeting called for that purpose, and of which notice shall have been given to each of the appli- cants, consider the statement and estimates furnished by The Commission and with the consent of the applicants or such of them as shall signify their desire to proceed to enter into a contract for the supply of electrical power or energy by The Commission, the Corporation without submitting the same to a vote of the electors and without any of the other formalities required in the case of a By-law passed ulider T^Edw. VII., y/j,^ Power Commission Act, may pass a By-law for entering into a contract with The Commission for the supply of the electrical power or energy required by the applicants, and may enter into a contract with The Commission for that purpose.

Application of

8. All the provisions of The Power Commission Act as a ^tT' ^^^" ^ ^^^ annual payments to be made by corporations v^ich have entered into contracts with The Commission shall apply to a contract entered into under this Act.

Admission of

further subscribers.

9. The contract may provide for the admission from time to time of further subscribers, or for the making of a contract between the corporation and The Commission under The Power Commission Act, and the readjustment thereupon of the amounts payable annually to The Commission in such manner as may be agreed upon or determined by arbitration or otiierwise.

Issue of debentures.

10. The By-law may provide for the issue of debentures of the municipality payable within twenty years from the issue thereof to meet the cost of construction and instalment of the works, plant, machinery and appliances necessary for the distribution of the electrical power or energy, and for the levying of a special rate for payment of principal and inter- est in the manner provided by The Consolidated Municipal Act, 190S.

194

11. The amount payable by the applicants in each year Amount for the electrical power or energy supplied to them, shall beby^ajpu- sufScient to recoup the municipality the amount required to°*^*^" pay the principal and interest of any debentures issued and to meet the annual payments required to be made to the Commission as provided by The Power Commission Act, and ? Edw. vii., in default of payment any amount due to the corporation °' ^^' under this section may be entered on the collector's roll and collected in the same manner as other taxes.

12. — (1) The trustees of a Police Village shall for the contracts purposes of The Power Commission Act, be deemed a muni- Police cipal corporation, and subject to the provisions of this Act, ^''"^*®®*' may exercise all the powers conferred upon municipal corpora- tions by The Power Commission Act, and may enter into a contract with The Commission for the supply of electrical power or energy as provided by that Act.

(2.) The council of the township, or the councils of theS.ubmis-

. . , , , ... sion or

townships in which the Police Village is situate, upon the re- By-iaw quest of the Police Trustees, shall submit the By-law, pro-vmagr©. vided for by section 13 of The Power Commission Act, to a vote of the electors of the Police Village qualified to vote thereon, and shall upon the like request issue debentures as provided by the said Act and levy and collect a special rate upon the rateable property in the Police Village for the payment thereof.

(3) The council of the township in which the Police Vil- Township' lage or any part thereof is situate, shall annually levy by rates, special rate upon the rateable property in the Police Village, or in that part of the Police Village situate in the township, the amounts required to meet the payments to be made to The Commission.

194

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Ko. 195. 1911.

BILL

An Act respecting the Publication of Certain Official

Notices.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. Wherever by any StatiTte it is required that a notice ^j"^^^^?.*J°" to be given by a municipal corporation or by any company, in district public officer, or person, shall be by publication in a news- paper in a Provisional Judicial District, such notice may be published in a newspaper published in the District Town of the Provisional Judicial District, and if so published in the form and at the times prescribed by such Statute, such pub- lication shall be deemed a compliance with the requirements of the Statute, notwithstanding anything to the contrary therein contained.

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No. 196. 1911.

BILL

An Act respecting Olfensive Wea[)ons.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. Every person who sells any bowie-knife, dirk, dagger, Saie of metal knuckles, skull cracker or slung shot, or who sells a weapons revolver, pistol or air gun to any person other than one hold- thorlzed" ing a certificate issued under section 118 of Ihe Criminal P®^g ^^ Code, or one being over 18 years of age, who produces to and hibited. leaves with the vendor a permit in writing, signed by the Superintendent of Provincial Police, or a Chief Constable of

the Municipality, allowing him to purchase a revolver, pis- tol or air gun, shall be guilty of an offence and liaible on summary conviction to a penalty not exceeding $200 or less penalty, than $25, or to imprisonment for a term not exceeding six months with or without hard labour or to both.

2. Every person who sells a revolver, pistol or air gunj^g^Qj.^ under the provisions of section 1 hereof, without keeping a °^ sales- record of the date of the sale, name of maker, serial number

of such revolver, pistol or air gun, and the name, address and occupation of the purchaser, which record may be in- spected at any time by any Peace Officer, or who sells any revolver, pistol or air gun which does not bear a serial num- ber and the maker's name, shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $200 or less than $25, or to imprisonment for a term not exceed- ing six months with or without bard labour or to both.

3. Every Peace Officer may search any person who he has search of

. .... person by

reason to believe and does believe is violating any of the pro- Peace visions of sections 115, 116, 117, 118, 120, 121, 123, 124°^"=®''- and 127 of the Criminal Code, and may seize any of the weapons w^hich such person is illegally carrying and any weapon seized under this section shall be confiscated and handed over to the Superintendent of Provincial Police or 196

2

Finding weapons on for- eigners.

to the Chief or High Constable of the municipality to be by him transferred to the Superintendent of Provincial Police or destroyed as he may see fit.

4. If any of the weapons mentioned in the first section hereof is found upon a person believed not to be a native of C.an,ada by the Constable making the search or by the Justice of the Peace or Magistrate before whom such person is charged with an offence, he shall report such facts to the Provincial Secretary and the Provincial Secretary may com- municate with the Minister of the Interior with the view towards deporting such person under The Immigration Act.

Commence- ment of Act.

5. This Act shall come into force on a day to be fixed by Proclamation of the Lieutenant-Governor in Council.

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No. 196. 1911.

BILL

An Act respecting Offensive Weapons,

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. This x\ct may ho cited as '/'he Ojjeimve Weapons Act.

2, Everv person who ji^^exposcs for sale, oifers for sale, Sale of or'^'^E sells any howie-knife, dirk, dagger, stiletto, metal weapons knuckles, skull cracker or slung shot, or who sells a thoriz^d" revolver, pistol or air gun to any person other than one hold- ^o^g p^.^. ing a certificate issued under section 118 of the Criminal ^ibited. Code, or one, being over 18 years of age, who produces to and leaves with the vendor a permit in writing, signed by the Superintendent of Provincial Police, or a Chief Constable of

a city or town, all owing hira to purchase a revolver, pis- tol or air gun, shall be guilty of an offence and liable onpenaaty. summary conviction to a penalty not exceeding $200 or less than $25, or to imprisonment for a term not exceeding six months with or w^ithout hard labour or to both, JJ^^and the bowie-knife, dirk, dagger, stiletto, metal knuckles, skull cracker or slung shot, revolver, pistol or air gun so exposed or offered for sale, or sold by such person, shall be confiscated by the Police Magistrate or Justice and transferred to the Superintendent of Provincial Police, or destroyed as such Magistrate or Justice may see fit.*"^!!

3. — (1) Every person who sells a revolver, pistol or air Record gun under the provisions of section 1 hereof, without keep- ing a record of the date of the sale, name of maker, serial number of such revolver, pistol or air gun, and the name, address and occupation of the purchaser or who sells jj^^or exposes or offers for sale*"^! any revolver or pistol which does not bear a serial number and the makers' name, shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $200 or less than $25, or to imprison- ment for a term not exceeding six months with or without

196

hard labour or to both, jl^^aiid the revolver, pistol or air gun so exposed or offered for sale, or sold by such person, shall be confiscated by the Police Magistrate or Justice and transferred to the Superintendent of Provincial Police, or destroyed as such Ma<>-istrate or Justictc tnav see fit.'^^l?^

Search of person by Peace Officer.

Finding weapons on for- eigners.

(2) The record referred to in subsection ,1 may be inspected at any time by any peace officer and a copy thereof shall be transmitted by the person making the sale to the Superintendent of Provincial Police within seven days after the 31st March, 80th June, 30th Septem-ber, and 31st December in each year. A violation of this subsection shall render the offender liable, on summary conviction, to a penalty not exceeding $50. ""^^

4. Every Peace Officer may search any person who he has reason to believe and does believe is violating any of the pro- visions of sections 115, 116, 117, 118, 120, 121, 123, 124 and 127 of the Criminal Code, and may seize any of the weapons which such person is illegally carrying and any weapon seized under this section shall be confiscated and handed over to the Superintendent of Provincial Police or to the Chief or High Constable of the municipality to be by him transferred to the Superintendent of Provincial Police, or destroyed as he may see fit.

5. If any of the weapons mentioned in the first section hereof is found upon a person believed not to be a native of Canada by the Constable making the search or by the Justice of the Peace or Magistrate before whom such person is charged with an offence, he shall report such facts to the Provincial Secretary and the Provincial Secretary may com- municate with the Minister of the Interior with the view towards deporting such person under the Immigration Act.

Regulation may be made by

Lieutenant- Governor in Council.

Commence- ment of Act

The Lieutenant-Governor in Council may make such regulations as shall be deemed necessary or convenient for carrying into effect the provisions of this Act.""^^

T. — (1) This Act shall come into force on a day to be fixed by Proclamation of the Lieutenant-Governor in Council.

(2) Any such proclamation may apply to the whole or any section or sections of this Act ; and proclamations may be issued as to any section or sections at different periods. ""^S

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BILL

1911.

An Act to amend The Public Health Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. Section 5 of The Public EeaWh Ad is amended by add-Rej^gStat..^ ing thereto the following subsection : amentied.

(2) The Chief Health OflScer shall be the Executive Duties of Officer of the Board and in the intervals between Health meetings of the Board shall perform such duties officer, and have such powers as are by this Act vested in the Provincial Board of Health.

2. Section 13 of the said Act is amended by adding there- Reystat

. , " " a. 248, s. 1.:

to the foil owmg paragraph: ^ ^

amended.

13. Eor the sanitary precautions to be taken in Health ponut"on"" Resorts, Summer Resorts and upon boats or other °|sort.s'^'" vessels plying upon the inland waters of Ontario, ^"^JeS^"'^ and for preventing the pollution of such waters by the deposit therein of sewage, excreta, manure, vegetable or animal matter or filth.

3. Section 30 of the said Act is amended by adding after Rev. stat subsection . 2 the following: amended.

(2a)

ISTo By-law shall be passed for the raising ofgr'wltel-^ money for the purpose mentioned in subsections supply sys- 1 and 2, until the proposed water supply or sew- provai of erage system as the case may be has been ap- Board" be- proved of by the Provincial Board of Health, S[|ed!''"^'' and such approval has been certified in writing and signed by the Chairman and Secretary of the Board. The preamble of the Bill shall re- cite such approval.

197

0^^248^*^*31 ^' Section 31 of the said Act is amended by striking out amended. the word "may" where it occurs in the first and third lines and inserting in lieu thereof the word "shall."

Section 71 of the said Act is amended by striking out he words therein after the word "can line and substituting therefor the words :

Rev. Stat.,

amended. ' all the words therein after the word "caused" in the fourth

Abatement of nuis- ances by Local Board at expense of occu- pant or owner.

"And where the occupant or owner of any premises in which a nuisance exists fails to abate the same after having received due notice to that effect, the Local Board of Health by its Medical Health Officer or Sanitary Inspector may enter upon the said premises and take such steps as may be necessary to abate the nuisance and if the costs incurred in abating the same are not paid either by the occupant or owner within one month, the same shall be returned to the clerk of the muni- cipality who shall place the same against the property in the collector's roll to be collected along with ordinary taxes."

Section 90 of the said Act is amended by inserting after

Rev. Stat., c. 248, s. 90,

amended. the word "shall" in the sixth line the words:

"Have power to direct the closing of all or any of the Public Schools, Collegiate Institutes and Separ- ate Schools and churches, and the prohibition of public assemblies when the Medical Health Ofiicer or Board of Health consider it necessary for the prevention of the spreading of any of the said infectious diseases, and the said Schools, Institutes and Separate Schools and churches shall not be reopened except by order of the said Medical Health Officer or Board of Health."

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No. 198. 1911.

BILL

An Act to regulate Halls, Xheatres and Cinematographs

HIS MAJESTY, bj and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. The Lieutenant-Governor in Council shall have power Reguia- from time to time to make regulations similar or different in o^utenant- different localities, or vnth reference to different classes of qq^® ^u^'as^' buildings, or having application to different classes of per-^o theatres, formances or to different conditions governing the erection, operation and safety of theatres, including inspection and supervision, and shall have every power for such purpose

which shall be necessary to carry into effect the terms of this section.

2. The Lieutenant-Governor in Council shall have power Licensing from time to time to impose a license fee upon, and to make f^"^ cilfenm-' regulations for, licensing, using and operating of cinemato- tographs, graphs, moving picture machines or other similar apparatus,

for prescribing the conditions under which such machines shall be operated, for licensing and operating of film ex- changes, for prohibiting or regulating films to be exchanged or exhibited, for examining, regulating and licensing opera- tors and for prescribing the terms and conditions under which such machines shall be operated or such films sold, leased or exchanged, and shall have every power for such purpose which shall be necessary to carry into effect the terms of this section.

3. — (1) The Lieutenant-Governor in Council may ap- Board of point a Board of Censors, to hold office during pleasure, com- posed of three persons who shall have power to permit the exhibition or absolutely to prohibit or reject all films which it is proposed to use in the Province of Ontario and to sus- pend for cause the license of any operator.

198

Appeal from (2) There shall be an appeal from the Board of Censors to the person, body or Court designated and subject to the conditions prescribed by regulation of the Lieutenant-Gover- nor in Council.

Films to 4. No cinematograph, moving picture machine, or other

by Board of similar apparatus shall exhibit any films which have not been stamped by the Board of Censors, and no such cinema- tograph, moving picture machine or other similar apparatus shall be kept or exhibited for entertainment until the owner, user or exhibitor of such apparatus has complied with the regulations made by the Lieutenant-Governor in Council and obtained a license from the Provincial Treasurer.

fhow^on*° 5. All films passed or permitted to be exhibited -by the Canvas. g^j^ Board of Censors shall be stamped in such manner that the stamp will show upon the canvas, and no exhibition of such stamped film shall be prohibited by any police officer, or constable, or other person, on account of anything con- tained in such film.

licwise'fee.^ 6. The user or exhibitor of every such cinematograph, moving picture machine or other similar apparatus, and the owners, lessees or managers of all film exchanges, shall pay, in advance to the Provincial Treasurer an annual license fee, the amount of which shall be fixed by regulation of the Lieutenant-Governor in Council.

Exhibiting 7. Any pcrsou in charge of such cinematograph, moving of regufa-°" picture machine, or other similar apparatus, or the owner, tions. proprietor, manager, or person having control thereof, who

uses any such machine for public entertainment without having complied with, or who violates the regulations passed by the Lieutenant-Governor in Council, and without having therefor a license from the Provincial Treasurer, or who exhibits films not bearing the stamp of the Board of Censors, as required by this Act, shall be guilty of an offence against this Act.

uce^s^^^not ^' "^^ municipal corporation shall issue a license for any to be issued, cinematograph, moving picture machine, or other similar vinciai apparatus, to which this Act applies, until the applicant pro-

granted, duces a license from the Provincial Treasurer authorizing the exhibition in the municipality, and any member or officer of a municipal corporation who is a party to the issue of any license in violation of the provisions of this Act shall be liable on summary conviction to a fine of $20, besides costs, and, in default of payment, to imprisonment for a term not exceeding 30 days.

198

9. Children under the age of 15 years, unaccompanied by ^^^^/^jg adults, shall not be permitted to attend any exhibition by years of cinematograph, moving picture machine, or other similar ^^^' apparatus at which exhibition an admission fee is charged.

10. Any person offending against any of the provisions Penalty, of this Act, save sections 8 and 13, and any person offending against any of the regulations of the Lieutenant-Governor

in Council passed hereunder, shall, on summary conviction, be liable to a fine of not less than $50 or more than $200 with costs, and a further fine of $25 per diem during the time after conviction which such offence continues, and in default of immediate payment the offender shall be im- prisoned in the common gaol of the county where such con- viction takes place for a period not exceeding three months.

11 . If any breach of this Act or of any of the regulations Liability for passed hereunder causes directly or indirectly bodily injury or io^s"of^^ or loss of life, the owner, lessee, manager, operator, or other ^^^®' person through or by whom such breach occurred, shall, in addition to any other penalty prescribed by law, on summary conviction, be liable to imprisonment for a term not exceed- ing one year.

12. The Ontario Provincial police are hereby empowered ^ontaAo^Pro- and directed at any time to inspect any cinematograph, mov- p^jj^l^

ing picture machine, or other similar apparatus which is used or kept on premises licensed under this Act, to enforce the provisions of this Act and the regulations passed here- under.

13. In cities, towns and incorporated villages, it shall ^^.^^^ °' also be the duty of the Chief Constable, or Chief of Police, constable, to enforce the provisions of this Act and the regulations passed hereunder.

14. All penalties recovered under this Act shall be paid to of ^penlV°° the Treasurer of the Province of Ontario for the use of said ties. Province.

15. The Lieutenant-Governor in Council shall have power Reguia- to make sudh regulations as may be deemed necessary, advis- *^°"^* able or convenient for the purpose of carrying into effect the provisions of this Act.

16. This Act shall come into force and take effect oncommence- from and after the first day of June, 1911. ^^T* ""^

198

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No. 199. 1911.

BILL

An Act to Kegulate the Means of Egress from Public Buildings.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. In all churches, schools, houses, halls or other build- Doors of

Cxiurclios

ings heretofore or hereafter constructed or used for holding etc., to oi>«B

public meetings, or for places of public resort or amusement,

all the outer doors and those leading from the assembly hall

or room or school rooms shall be so hinged that they may

open freely outwards, and all the gates of outer fences, if

not so hinged, shall be kept open by proper fastenings during

the time such buildings are publicly used, to facilitate the

egress of p.eople, in case of alarm from fire or other cause.

2. Congregations and societies possessing corporate powers who UaM* and all trustees, incumbents, churchwardens and other per-jng pro^*' sons holding churches, schools or buildings used for churches ^^ct!^ °*

or schools shall be severally liable as trustees for such socie- ties, congregations or schools to the provisions of this Act.

3. Any persons owning, possessing or managing public ^®"*^'y' halls, schools, houses, churches or other buildings used for public meetings, who violate the provisions of this Act, or

any of them, or the regulations passed hereunder or any of them, shall be liable to a fine not exceeding $50, recover- able on information before any two of His Majesty's Justices of the Peace, or before the Mayor or Police Magistrate of any City or Town, one moiety of which fine shall be paid to the party laying the information and the other moiety to the municipality within which the case arises, and persons 80 complained against shall be liable to a further fine of $5 for every week succeeding that in which the complaint is laid, if the necessary changes are not made.

199

Reguia- 4. The Lieutenant-Governor in Council may make regu-

lations regarding the enforcement of this Act and governing the safety and convenience of persons assembled therein in regard to all the buildings mentioned in section 1 of this Act, and shall have every such power for this purpose as shall be necessary to carry into effect the terms of this Act.

9 Edw. VII., 5. The Act passed in the 9th year of His late Maiesty

g87'10 • •)«/

Edw. ViL, King Edward VIL, chaptered 87, and section 3 of The repealed. ^' Statute Law Amendment Act, 1910, are repealed.

Commence- 6. This Act shall come into force and take effect on from Act. and after the first day of June, A.D. 1911.

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Ko. 200. 1911.

BILL

An Act respecting Special Classes.

HIS MAJESTY, bj and witli the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

The Board of Education or the Board of Public School ^^^tabiish- Trustees or the Board of Separate School Trustees of any city special may establish and conduct in connection with any school backward building or in a separate school building provided for that chimreli*^^^ purpose special classes for children

(a) Who are backward or abnormally slow in learning ;

(h) Who, from physical or mental causes require special training and education ;

and subject to the regulations made by the Minister of Edu- cation may cause a register of such children to be made and may provide teachers and suitable appliances, books and furniture for suchi classes.

2. Children may be admitted to such special classes' uponAdmission to the application of their parents or guardians and upon thccfas^ses. report of the Inspector and the principal of any school at

which they are in attendance.

3. The Board may provide for medical inspection by a Medical duly qualified medical practitioner of the children attending ^''^'^®'^"°"" special classes, and upon the recommendation of the medical inspector may provide for medical treatment being given to any child who appears to the medical inspector to require the same and whose parents are unable from poverty or other cause to provide adequately for the treatment of the child.

200 i

4. It shall be the duty of a Board which has established pqty of special classes under this Act to provide for the proper super- Boards as vision of the health and treatment of every child attending Ind^tneat- a special class, and for this purpose to direct the medical ^®"^ °' inspector, or such officer as the Board may appoint, to visit

the children in their homes and to consult and advise with the parents of the children as to their treatment in their homes and the conditions which will best enable the children to attain a normal degree of intelligence and education.

5. Subject to the approval of the Minister, the Board may special provide a special course of study for children attending the teaching?' special classes established under this Act.

6. The Minister of Education may from time to time make Reguia- regulations for the administration and enforcement of this*^°"^' Act and for the establishment, organization, government and examination and inspection of special classes and for pre-

, scribing the accommodation and equipment of school rooms or buildings and the arrangement of school premises for special classes.

7. Subject to the regulations, the Minister shall annually Apportion- apportion among the special classes all sums of money ^ecLf* appropriated as a special grant therefor. grant.

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BILL

An Act respecting Keforestration by Counties.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. This Act may be cited as "The Counties Beforestration short title. AcV'

2. The municipal comicil of a county may p'ass By-laws : — county

acquiring

(a) . For acquiring by purchase, lease or otherwise such i-efSrestra- lands designated in the By-law as the council po^g'^P"^" may deem suitable for reforestration purposes;

(h) For planting land so acquired and for preserving and protecting the timber thereon ;

(c) For the management of such lands and the sale or

other disposal of the timber grown thereon ;

(d) For the issuing of debentures from time to time

for the purpose of providing for the purchase of such lands to an amount not exceeding $25,000 in any one year.

3. l^o By-law shall be finally passed under this Act Approval until the same shall have been approved in writ- by Minister ing by the Minister of Agriculture. ?Jr^^^°"^"

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No. 202. 1911.

BILL

An Act to amend the Act for The Improvement of Public Highways.

HIS MAJESTY, bj and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. — (1) Section 2 of the Act for the Improvetnent of i Bdw. vii. Public Highways is amended by striking out all the words amended. ' in subsection 3 after the word "highways" in the 11th line, and by adding to the said section the following as subsection (da).

(3a) A ffrant made under subsection 3 to a towm or vil- Grant to

• • certain

lage having a population of not more than 3,000 towns and shall be deemed to form part of the estimated ex- county.^ ^ penditure in carrying out a plan of road improve- ment in such county for the purpose of ascertain- ing the amount of aid which may be granted to the county under this Act.

Provided, that the roads or streets to be improved in proviso, the town or village have been designated by the By-law of the council of the county, to which there shall be attached a plan of the town or vil- lage to be aided, atid that such By-law has been approved by the Minister of Public Works, and that the work done upon such roads and streets is in accordance with the regulations of the Department of Public Works with respect to Highways.

Provided, that in the case of a town or village having proviso, a population of more than 1,500, the amount granted under subsection 3 shall be expended solely upon roads and streets or portions thereof which lie opposite to lands on one side or the other thereof used for agricultural purposes ; and

202

Proviso.

Provided, that the approval of the Minister of Puhlic Works in writing shall be conclusive as to the population of any town or village for the pur- poses of this subsection.

(2) The amendment made by this section shall not affect the payment to a town or village under the said subsection 3 of any grant made by the council of a county and approved by the Minister of Public Works before the passing of this Act, and any such grant shall be included in estimating the expenditure of the county for the purpose of ascertaining the amount of aid to which the county is entitled under the c. ^6.^' ^^^"'said Act for the Improvement of Puhlic Highways as if this section had not been passed.

Amend- ment made to section not to affect grants heretofore made.

202

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1^0. 203. 1911.

BILL

An Act to confirm Certain Contracts entered into by

The Hydro-Electric Power Commission

of Ontario.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : —

1. The municipal corporations of the Towns of Bramp- ^™c®o"ntract'^ ton, Dimdas, Seaforth, Mitchell and of the Villag-e of Weston, J^ |Jf i^'p^l" are added as parties of the second part to the contract set ton, Dundas, out as Schedule "A" to The Power Commission Act, 1909, Mitcheii' as varied and confirmed by the said Act and as further varied

and confirmed by the Act passed in the 10th year of the reign of His late Majesty King Edward VTT., chaptered 16, and the said contract shall be binding as to the Town of Brampton from the 14th day of June, 1910, as to the Town of Dundas from the Yth day of !N'ovember, 1910, as to the Town of Seaforth from the 19th day of December, 1910, as to the Town of Mitchell from the 25th day of December, 1910, and as to the Village of Weston from the lYth day of June, 1910.

2, The names of the said municipal corporations are added Addition to to Schedule "B" to the said contract, and such Schedule to contract, shall be read as containing the particulars set out in Schedule

"A" to this Act.

3. By-law ]^o. 316 of the corporation of the Town of By-iaws Brampton, By-law 'No. 671 of the corporation of the Town ^f ^°"^^™®*^- Dundas, By-law ISTo. 86 of the corporation of the Town of Sea- forth, By-law ISTo. 11 of the corporation of the Town of Mitchell, and By-law "No. 367 of the corporation of the Vil- lage of Weston are confirmed and declared to be legal, valid and binding upon the said corporations and the ratepayers thereof respectively, and shall not be open to question upon

203

2

Contracts confirmed.

any ground whatsoever notwithstanding the requirements of The Power Conirnission Act, 1909, or the amendments tiiereto or of any other statute.

4, Tlie contracts heretofore entered into by the said cor- porations respectively with the Commission are confirmed and declared to be legal, valid and binding upon tbe parties thereto respectively and shall not be open to question upon any ground whatsoever notwithstanding the requirements of The Power Commission Act, 1909, or the amendments thereto or of any other statute.

SCHEDULE A.

Additions to Schedule B to the contract set out in Schedule A 9 Edw. VII., c. 19.

to

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"3			> 4-4	3 tH	ortio: struc ;rans 'orks H.P., 60,00	ropor and main Insur isfor or nc th to P.
o c 3	o >1		o 6	III	e prop to con line, 1 and -vi 10,000 ty of	6 of p: e loss srate, and ne,trai orks f P., wi 000 H.
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Dundas . .	. 600			17.33	82,160	2,892
Seaforth ..	.. 400			41.215	102,941	6,769
Mitchell .	. 200			38.5ft	47,490	3,066
Weston . .	. 250			29.25	42,437	2,501

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No. 204. 1911.

BILL

An Act respecting the Enrolment and Inspection of

Stallions.

HIS MAJESTY, by and with the advice and consent of •.

the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. This Act may be cited as The Ontario Stallion Act. ^^"'•t ""e.

2. For the purpose of this Act Stration.

(1) The Lieutenant-Governor in Council upon the recora-How com- mendation of the Minister of Agriculture shall appoint four^°^® ' persons who, with the Director of the Live Stock Branch of

the Department of Agriculture, shall constitute The Stallion Enrolment Board, hereinafter called "The Board."

(2) The Director of the Live Stock Branch of the I^epart- Director ^of ment of Agriculture shall be the Secretary and Executive Branch to Officer of the Board.

3. The Minister of Agriculture may from time to time ap- inspectors, point competent persons to act as inspectors under the direc- tion of the Board and every inspection shall be made hj a committee hereinafter called "The Committee," consisting of

three such persons.

4. The appointed members of the Board and the members Remunera- of the 'Committees shall receive such per diem remuneration Board and and allowance for necessary travelling expenses as may be^^"^"" fixed by the Lieutenant-Governor in Council out of monies

voted by the Assembly.

5. — (1) ITo person shall stand, travel or offer for use any stallions stallion unless and until the name, description and pedigree travelled of such stallion has been enrolled and a certificate of suchroiied. enrolment procured as hereinafter provided.

204

Evidence for enrol- ment.

Certificate.

Renewal of certificates.

(2) For the purposes of enrolment the owner of every stal- lion shall snibmit to the Board all evidence of the breeding and ownership of such stallion, and upon receipt of same and payment of the fee, the Board shall issue a certificate ac- cordingly.

(3) All certificates of enrolment shall be renewed annually in accordance with the regulations and upon the payment of the fee hereinafter provided.

Inspection (4) Tn addition, if desired by the owner, a;ny stallion

owner.'^^ ^ rn^J ^^ inspected as herein provided, in which case the report of such inspection shall form a part of the record of enrol- ment.

Register of enrolment.

6. — (1) The Board shall keep a register for the enrolment of stallions, which register shall be kept in such form and shall contain such particulars as may be prescribed by the regulations, and the certificate issued shall be in accordance therewith.

Transfer of ownership.

(2) Every stallion shall be enrolled in the name of the owner at the time of the enrolment, and in case of ia change of ownership the enrolment shall be deemed to be cancelled unless within thirty days thereafter evidence of the change of ownership satisfactory to the Board has been furnished to the Board, in which case a transfer certificate shall be issued by the Board.

Durati'on of enrolment and certificate.

Only one inspection after

stallion is eight years old.

(3) When a stallion has been enrolled after the first day of August in any year the enrolment and certificate of enrol- ment of the stallion shall remain in force until the 31st day of December in the next succeeding year, and when the enrol- ment has been made before the first day of August in any year the enrolment and certificate thereof shall remain in force until the 31st day of December next following.

(4) When a stallion has reached the age of eight years the first inspection thereafter shall be the final inspection and the enrolment made on the report of such final inspection shall continue to form part of the enrolment and a certificate shall be granted m accordance therewith on each subsequent renewal of such enrolment.

Biennial inspection in other cases.

(5) In the case of any other stallion, the report of the Committee shall form a part of the record of the enrolment for two years only, except as provided in subsection 3, after which the said stallion shall be submitted for re-inspection if the owner desires an extension of such certificate.

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T. The Board shall fix the times and places at which stal- inspection, lions may be inspected by the Committee, and shall give notice thereof in such manner as may be prescribed by the regulations.

8. A person desiring to procure the inspection of a stal-?roceed- lion shall present the stallion for inspection and examination inspection, by the Committee, together with such evidence relating to

the breeding and ownership of the stallion as may be re- quired by the regulations.

9. The Committee shall inspect the stallion and examine Report on the other evidence submitted and report thereon in writing ^""^^^'^ ^^^ to the Board.

10. — (1) The report of a maiority of the Committee shall Report, and

p 1 A • n • 1 • re-inspec-

be a report oi the Committee, but m case the report is nottion. unanimous, and not otherwise, the owner of the stallion may apply to the Board for another inspection and examination, and upon the owner depositing with the Board an amount sufficient in the opinion of the Board to cover the expenses of a further inspection and examination, the Board shall direct another inspection by another Committee, and their decision or the decision of a majority of them shall be final.

(2) In case the appeal is not sustained, the further inspec- costs of tion and examination shall bo payable out of the amount of tfon"^^^'^ the deposit, and if the appeal is allowed the amount of the deposit shall be returned to the owner.

11. The Board upon consideration of the report of the Enrolment, Committee and after the inspection of the papers supplied re- lating to the breeding and ownership of the stallion, and upon payment of the fee fixed by this Act, shall make such enrol- ment of the name, description and pedigree of the stallion in the register herein provided for as may be deemed warranted and shall issue a certificate in accordance with such enrol- ment to the owner of the stallion.

12. — (1) The certificate of enrolment of any stallion shall certificate, form a prominent part of any newspaper or other printed put)i'cation advertisement issued to advertise such stallion.

(2) Every poster issued shall contain a copy of the cer-p^^^^^.^ tificate of enrolment printed in bold face and conspicuous type and shall not contain any illustrations, pedigree or other matter which is untruthful or misleading.

204

Owner to exhibit certificate to owner of mare.

(3) Where no posters are used to advertise a stallion, the owner of the stallion shall exhifbit to the owner of each mare at the time of service, if demanded, the original enrolment certificate issued for such stallion.

Pees. 13. — (1) The fees to be paid to the Board before the issue

of any certificate shall be

For enrolment $2.00

For inspection 5.00

For renewal of enrolment 1.00

For transfer certificate 1.00

Application of.

(2) The fees received by the Board under this Act shall be paid over to the Treasurer of Ontario for the use of the Province.

Regulations. 14. The Board, suibject to the approval of the Lieutenant- Governor in Council, may make such regulations as may be deemed proper and necessary for the better carrying out of the provisions of this Act.

Penalty.

Act not to apply to districts or to Hali- burton.

Commence- ment of Act.

15. Every person who is guilty of a contravention of any of the provisions of this Act shall incur a penalty of not more than $100 nor less than $25, recoverable under The Ontario Summary Oonvidions Act.

16. This Act shall not apply to the Provisional Judicial Districts nor to the Provisional County of Haliburton.

17. Section 5 of this Act shall not come into operation until the first day of August, 1911.

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No. 205. 1911.

BILL

An Act respecting Batber-s.

HIS MAJESTY, bj and*with the advice and consent of the Legirtlatix'e Assembly of the Province of Ontario, enacts as follows : —

1. This Act may be cited as '^The Barbers' Act."' short title.

2. In this Act interpreta-

tion—

(a) "Board" shall mean the Board of Examiners ap- • Board." ])ointed under this xAct ;

(6) "Minister" shall mean the member of the Executive ■• Minister.- Council for the time being charged by the Lieu- tenant-Governor in Council with the administra- tion of this Act ;

(c) "Regulations" shall mean regulations made under " Reguia-

the authoritv of this Act.

tlons.

3. The Lieutenant-Governor in Council may appoint a Board of Board of Examiners consisting of fi\'c per.sons practically ^"'^^'"^"®''^' conversant with the occupation of barbers, who shall, suh-

ject to the regulations, issue licenses to such applicants there- for as shall satisfy the Board that they are suitable persons to be permitted to carry on the occupation of barber, nnd shall pay rlic fee on such license prescribed by {hv regula- tions.

4. Any three members of the Board shall form a qnoi-nm. Quorum.

5. The Lieutenant-Governor in Council may appoint one secretary, of the members of the Board or some other person to be the Secretary of the Board.

205

Register. 6. The Secretary of the Board shall keep a register in

which shall be entered the name of every person to whom a license is granted under this Act, and the date at which the same is granted.

Regulations 7. The Lieutenant-Governor in Council may from time to iJieutenant- time make regulations,

Governor in Council.

(a) For the granting of licenses to applicants therefor

under this Act and the evidence to be furnished by candidates as to sobriety, good character and freedom from disease and as to previous training and experience.

(b) For determining the time of continuance of such

licenses and renewal of same.

(c) For fixing the fees to be paid by applicants for any

license or renewal thereof.

Persons carrying on business before 1st July. 1911.

(d) For prescribing the cause for which any license may

be revoked', cancelled or suspended.

(e) For fixing the fees or other remuneration to be

paid to the members and staff of the Board.

8, Every person engaged in the occupation of a barber at the time of the passing of this Act and who applies to the Board for a certificate of qualification before the 1st day of July, 1911, shall, upon furnishing such evidence of sobriety, good character, freedom from disease and experience as the Board may require, and upon payment of the prescribed fee, be entitled to receive a certificate of qualification from the Board.

Board^^o°'" ^' ^^J person who feels himself aggrieved by the decis- Minister. ions of the Board may appeal therefrom to the Minister upon

giving such notice as the Minister may prescribe and the

decision of the Minister shall be final.

Annual 10. The Board shall make a report to the Minister on or

Board. ° before the 31st day of December in every year, shewing

(a) The number of licenses granted by them during the preceding year, and the persons to whom granted.

(h) The number of applications for licenses refused during the preceding year and the causes for re- fusing the same.

205

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(c) The number of licenses revoked, cancelled or sus- pended during the preceding year.

{d) The amount of fees received by them from appli- cants for licenses and renewals thereof during the preceding year.

(e) The travelling and other expenses of the Board and the Secretary and the fees, salary or other remun- eration received! by the Board and the Secre- tary; and

(/) Such other matters as may be directed by the Min- ister or by the Lieutenant-Governor in Council.

11. The receipts and expenditure of the Board shall be Audit of audited by a Chartered Accountant, not a member of the expenditure. Board, and the fees, salary or other remuneration paid to

the Board shall be paid out of the fees received from candi- dates or others and shall in all cases be subject to the approval of the Minister.

12. A license held by any person under this Act shall at certificate all times be exposed to view in the place of business carried exposed to on by such person or in the place in which he is employed,

and failure to keep such license so exposed shall be prima facie evidence of the lack of qualification under this Act.

13. After the 1st day of July, 1911, every person, who, ^®"fesJin °'' not being the holder of a license issued by the Board or a to be renewal thereof, holds himself out as a barber, or uses any

sign or letters or words or abbreviations importing that he is a barber shall incur a penalty not exceeding $25.

14. — (1) The Provincial Board of Health subject to the approval of the Lieutenant-Governor in Council, may make regulations,

(a) For prescribing the sanitary precautions to be used

by barbers ;

(b) For prescribing the method of sterilizing or cleans-

ing of any articles kept or used in a barber shop or in the occupation of a barber;

(c) For prescribing the condition in which barbers

shall keep their persons and clothing while en- gaged in their occupation ;

205

(d) For regulating or [)rohibiting the treatment 'by bar-

bers of dead bodies or of persons who are suffer- ing from any injury or disease;

(e) For prescribing the penalties to be incurred for

violation of the regulations of the Provincial Board of Health and for providing for the sus- pensioij or cancellation of the license of any bar- ber found guilty of such violation.

(2) The regulations made under this section shall be en- forced by the local Board of Health nnd ]\redical Health Officer of every municipality.

(3) A copy of such regulations shall be delivered or trans- mitted by the Provincial Board of Health to every licensed barber and shall be posted up by him in a conspicuous place in the shop or other place in which he is employed.

15. — (1) ]S[o person shall carry on the occupation of a barber Avho has any form of tuberculosis or venereal disease, or any contagious or infectious disease, and no license or renewal thereof shall be granted to any such person.

(2) Every person who knowingly contravenes the pro- visions of subsection 1 shall incur a penaltv not exceeding

$25.

16. The Ontario Summary Convictions Act shall apply to every prosecution made under this Act or any regulation made under this Act.

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No. 206. ' 1911.

BILL

The Assessment Amendment Act, 1911.

HIS' MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : —

1. Section 5 of The Assessment Act is amended by adding 4 Edw. vii., at the end of paragraph 9 thereof the following words : " Pro- pa/.^'g,^" ^' vided this paragraph shall not apply to any real property amended, when occupied by any tenant or lessee." ^operty

of chari- table in- stitution not to be exempt.

2. Paragraph 16 of section 5 of The Assessment Act is c^z,'s.H',' amended by inserting the words "boilers and engines" par- ^i^,^ between the words " including " and " gas " in the fourth

" ^ Assessment

line. of boilers

and engines.

3. Section 226 of The Assessment Act, as enacted by sec- ^^^iz^'s^Yih, tion 40 of Chapter 88 of the Acts passed in the 10th year of amended. ' His late Majesty's reign, is amended by inserting after the of land word " section " in the seventh line the words " or the lands

of any person which are not situate in any school section."

4. Subsection 1 of section 53 of The Assessment Act is c.^2'37s^53" amended by adding after the word " cities " in the I7th line ^^^- ThliT*^' the words " and towns." for making

assessment.

5. Subsection 2 of section 108 of The Assessment Act is J.'^2*37s^io3 iiiKiidod hy adding the following as paragraph 4: — ^mended

4. Upon goods and chattels which at the time of making Distress the assessment were the property and on the and premises of the person taxed in respect of busi- sofd by ness assessment and at the time for collection of tlxed" taxes are still on the same premises, notwith- standing that such goods and chattels are no

longer the property of the person taxed. ?n6

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No. 207. 1911.

BILL

The Municipal Amendment Act, 1911.

HIS MAJESTY, by and with the advice and consent of the Legislative Asseonbly of the Province of Ontario, enacts as follows: —

1. Section 87 of The Consolidated Municipal Act 1903, is amended by adding the following as subsection (2) :

87. — (2) Where in any order heretofore made under section 24 annexing part of a township to a city the assessment of the land is fixed for a term of years, every person who is rated for sufficient real property in the annexed part to entitle a person to vote in a township shall, during the period of the fixed assessment, be entitled to vote in the city.

2. Subsection 3ct of section 129 of The Consolidated Muni-^^-^^H^^^^ cipal Act, 190S, is amended by striking put the word "statu- tory" in the 6th line thereof and inserting in lieu thereof

the word "solemn."

3. Subsection 7 of section 277 of The Consolidated Muni- sec. 277 (7) cipal Act, 1908, is amended by inserting after the word Reversing "purpose" in the fourth line thereof, the words "under this |oard of

Act" control.

4. Section 348 of The ConsoUdaied Municipal Act, :?90e9, 3 Edw.^vii., is repealed and the following substituted therefor : repealed.'

388. — (1) In the case of municipalities which arecierkto divided into wards or polling subdivisions, the deputy *° clerk of the municipality shall, before the poll is 0^"^"^"^ opened, prepare and deliver to the Deputy l^<^-i^s*®"' tjjmiiig Officer for every ward or polling sub- division a voters' list, printed or 'written, or partly printed and partly written, containing the

207

names, arranged alphabetically, of all freehold- ers appearing by the last revised voters' list to be entitled to vote in that ward or polling sub- division and of all leaseholders vv^hose names ap- pear on that part of such last revised voters' list relating to the ward or subdivision and who have , . filed certificates as provided by subsection 1 of

section 354, and he shall certify such list to be correct.

SEdw.viL. 5. Section 389 of The Consolidated Municipal Act, 1903, amended. ' is amended by adding the following subsection:

Power to issue de- bentures for erect- ing, enlarg- ing and furnishing registry office, etc.

3 Edw. VII., c. 19, s. 389, subs. 1, amended. By-laws requiring assent of electors — exceptions.

(4) A city forming a separate Kegistry Division may at any meeting of the council without submit- ting the same to the electors, pass a by-law or by-laws for borrowing by the issue of deben- tures payable within twenty years, such sums of money as may be required for erecting, build- ing, enlarging, renewing or furnishing a regis- try office, and for acquiring such land as may be necessary or convenient for the purposes thereof or such sums as may be required to liquidate their share of the cost thereof.

6. Subsection 1 of section 389 of The Consolidated Muni- cipal Act, 1903, is amended by striking out the first six lines and substituting therefor the following : "except where other- wise provided by this or any other Act every by-law for raising."

7, The Consolidated Municipal Act, 1903, is amended by adding thereto the following as section 432a:

432ct. Every local improvement debenture containing a general promise of the Municipality to pay the moneys thereby secured, issued or to be issued pursuant to a by-law heretofore passed under the provisions of this Act, relating to local im- provements, which in effect declares that the I debt to be created under such by-law is further

guaranteed by the municipality at large, shall be a valid debenture and shall bind the muni- • cipality at large to pay moneys secured by such

debenture according to the terms thereof, not- withstanding that such debenture does not, in form, contain any guarantee of the municipality.

3 Edw. VII 8. — (1) .Section 540 of The Consolidated Municipal Act,

c. 19s. 540

amended. ' J90S, IS amended by adding thereto the following as para- graph 3 :

207

3. — For licensing and reqiiirinc- rho registration of dogs Licensing and imposing a liceu&e fee on the owners, pos-^°^^' sessors or harbourers of dogs, with, the right to impose a larger fee in the cases of bitches or for each additional dog or bitch where more than one is owned, possessed or harboured by any one person or in any one household and where such license is imposed and is equal to or exceeds the amount of the tax imposed by An Act for ^/te ^^v.^ stat. Protection of Sheep and to Impose a Tax on Dogs, the provisions of sections 1, 3, 5 and 7 of said Act shall not apply to any city, town or village while such by-law remains in force, and it shall not be necessary jto enter any particu- lars as dog taxes on the collector's roll.

(2) Paragraph 2 of the said section 540 is amended by 3 Edw. vii., adding at the end thereof the words following "or those im-('2),' pounded under the provisions thereof." kmlng^*^'

ti'ogs.

9. Clause (a) of paragraph 1 of Section 542 of The Con- sec 542 solidated Municipal Act, 1903, is amended by inserting after Reluiati'ng the word "of" the words "or alterations and repairs to." tnd repaiT

of build-

10. Section 547 of The Consolidated Municipal Act of ^-Edw.yu., 1903, is amended by adding thereto the following Avords ^^iid^j^^l^^^g^^'*^' paragraph :

7. "The Council of a township may on the petition of Purchase of 25 ratepayers pass a by-law or by-laws for pur- machines, chasing and procuring the necessary material for operating, and for operating spraying machines for the purpose of spraying fruit trees within the municipality and for regulating the user of the same."

69

11. Section 569 of The Consolidated Municipal Act, 1903, 3 Edw. vii is amended by adding thereto the following paragi'aph: amended.

"0. For providing that the reels, engines and vehicles Fire reels of the Fire Department shall have the right of right of way on the streets and highways while pro- Streets? ceeding to a fire or answering a fire alarm call."

12. 'Subsection 10 of section 583 of The Consolidated sec. 583, Municipal Act, 1903, is amended by inserting after the word amended.

" alleys " in the third line thereof the words " moving pic- and^regu- ^ turo shows where vaudeville performances are introduced." |ng pfcuiie"

shows.

13. Section 618a of The Consolidated Municipal Act, 1903, as enacted by section 25 of The Municipal Amendment Act, 1907, is repealed and the following section substituted therefor : —

207

Materials 618a. Every bridge constructed by or under tbe luris-

to be used ,. . i i /• i • /• <• •

in county diction and control oi the corporation oi a county of iron, steel, concrete or stone shall be built in accordance with speci- fications, approved of by the engineer of the Department of Public Works of Ontario.

3Edw. VII.. 14. Section 636 of The Consolidated Municipal Act, ainended. 1903, is amended by adding the following subsection: —

Power of Ontario Motor League.

(2- The Ontario Motor League shall have the same powers with reference to motor vehicles and per- sons travelling on or in them as the Canadian Wheelmen's Association has under subsection (1) witfi reference to bicycles and. travellers on bicycles.

15. — (1) Subsection 1 of section 32 of The Act Respect- ing the Establishment of Municipal Institutions in Terri- torial Districts is amended so that the said subsection shall read as follows: —

" The Council of every such Municipality shall also have power to pass by-laws in respect of the several matters named in the following sections of The Municipal Act, namely, Clause 6 of sec- tion 537, clause 2 of section 539, clauses 2 to 13 inclusive of section 542, clauses 1 and 2 of section 557, clause 9 of section 559, clause 11 of section 580, clause 6 of section 586, clause 2 of section 592."

(2) Section 39 of The Act respecting the Establishment of Municipal Institutions in TerritoHal Districts is repealed and the following substituted therefor : —

39. The Council of any Municipality may pass by-laws for granting aid to any local Municipality within such ^Municipality or to any immediately adjoin- ing Municipality in making, opening, widening, raising, lowering or otherwise improving any highway, road, street or bridge within such local or adjoining Municipality.

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BILL

The Statute Law Amendment Act, 1911.

HIS MAJESTY, bj and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. Section 156 of The Act to preserve the Forests from^ev. stat. Destruction by Fire, added thereto by the Act passed in the ^•jj^^^'^^jj^g^^^ sixtj-third year of the reign of Her late Majesty Queened.' Victoria, chapter 45, is amended by striking out the words "one half of" where they occur in the tenth and eleventh lines thereof ; by striking out the words "and one half by the said Minister out of moneys voted by the Legislative Assembly for the purpose" in the thirteenth, fourteenth and fifteenth lines thereof; by striking out the words "the whole amount of " from the sixteenth line thereof ; by striking out the words "one half" in the eighteenth line thereof ; and by inserting after the word "expenses" in the sixteenth line thereof the words "out of moneys voted by the Legislative Assembly for the purpose."

3. Svctioii i'7 of The Ontario Public Service Act . h -^^^ g^^^ amended by adding the words "or to any member or members ^-j^i^.s. a. thereof" at the end of the said section,

3. The Supplementary Revenue Act, 1907, is amended 7 ^dTr. vii., by inserting after section 20 thereof the following section : ^^*' •n»«nd.

20a. In case lands liable to acreage tax under section Procedure 16 of this Act are held by two or more co-owners and the ciafm^°for whole of the taxes have been paid by one or more of such l^axes^by °' co-owners, and the other co-owner or co-owners have neglect-one co-owner ed or refused to pay his or their proportion of such taxes for another. a period of six years, the co-owner or co-owners, as the case may be, who have paid such taxes, may apply to a Judge of the High Court for a summons directed to the delinquent party or parties, calling upon him or them to make payment of the proper proportion of such taxes, to the party or parties

209

who have paid the same, within three months from the date of such summons, which summons shall be served in such manner as the said Judge shall direct, and if upon the return thereof it shall appear that payment has not be€n made in accordance therewith, the Judge may make an order vesting the interest of the delinquent co-owner or co-owners in the co-owner or co-owners who have paid the taxes, and such order shall be filed in the registry or land titles office as the case may require. The words "co-owner or co-owners" wherever they occur herein shall include "co-lessee or co- lessees."

c f**^ 21^" ^- Subsection 1 of section 21 of The Supplementary (i),' amend- Jtevenuc Act, 1907, is amended by adding at the end thereof the following :

persons*?n "Should the taxGs due, with costs and expenses, or any part default. thereof, remain unpaid until within four months of the day 80 fixed, the Deputy-Minister shall, not later than two months prior to such day, mail or cause to be -mailed by registered post to the person appearing from search or inquiry at the Registry or Land Titles Office to be the owner or last known owner of each property so in default, at what appears to the Deputy-Minister to be the address or last known address of such person so far as he can reasonably ascertain it, notice specifying the total amount of taxes, costs, expenses and penalties due or payable ubder this Act in respect of such property and stating that unless the same is paid on or be- fore the day so fixed the property will be forfeited; and to the amount otherwise payable under this Act there shall in ©very such case be added and must be paid as costs of such notice the sum of $5 for each parcel of property."

c ^^'^■. T"" ^- Subsection (1) of section 17 of The Audit Ad is (i),' amend- amended by striking out the words "criminal investigation" in the fourth line, and inserting in lieu thereof the words "the investigation, detection or punishment of any offence against the laws of Ontario or of Canada, or on account of special services or disbursements in connection with inquests, or any purpose connected with the administration of justice in either civil or criminal matters."

Salaries and 6. — (1) Where the salary or other remuneration or an when to ' increase in the salary or other remuneration attached to any a e e ec q^^q^ clerkship or service is voted by the Assembly in the Estimates or Supplementary Estimates for any financial year, whether the appropriation therefor is made by the Leg- islature before the commencement of, or during the financial year for which the appropriation is made, unless it is other- wise expressly stated in the Estimates or Supplementary Esti-

208

mates, such salary, or other remuneration, or such increase shall take effect and shall be payable as from the commence- ment of the financial year for which the same is voted, and the portion of such salary or other remuneration or of such increase which has accrued prior to the date of the passing of the Act making the appropriation shall be payable at that date.

(2) This section shall take effect as from the 31 st day of Octo*ber, 1910.

7. — (1) Subsection (1) of section 21 of The Vital Stori Edw. vii.^ tistics Act, passed in the eighth year of the reign of His late (i), amend- Majesty, chapter 28, is amended by striking out the words " "which form shall be furnished to him by the Division Regis- trar" at the end of the said subsection, and substituting therefor the words "which shall be the certificate attached to the form of license and which certificate alone is required to be furnished to the Division Registrar by the officiating clergyman."

(2) Subsection (2) of section 22 of the said Act isgEdw. vii.. amended by inserting the word "in" after the words "town- (■2)^^'amend- ship or" in the first line of the said subsection. *^

8. The Vital Statistics Act is amended by adding thereto g Edw. vii.

the following section : amended.

20a. — (1) The Registrar-General may register a birth which has not been registered in accordance with section 18 provided the information is furnished in accordance with the provisions of this Act. In each such case the registration shall be made in the proper register, and the date of regis- tration shall be stated in the proper column of the register.

(2) Where the registration of a marriage has not been made, as provided for in section 21, the Division Registrar of the Division in which a marriage occurred may register the same at any time within twelve months after the per- formance of the marriage ceremony, provided the informa- tion is furnished in accordance with the provisions of this Act, the registration to be made in the schedules of the cur- rent quarter.

(3) After the expiration of twelve months from the per- formance of the marriage ceremony, registration shall only be made by the Registrar-General, provided the information is furnished in accordance with the provisions of this Act, in which case the entry of registration shall be made in the proper register, the date of registration being entered in the proper column of the register.

208 . ;

(4) The Registrar-General may register a death which has not been registered by a Division Registrar in accordance with section 28, provided the information is furnished in accordance with the provisions of this Act. In each such case the registration shall be made in the proper register, and the date of registration shall be made in the proper column of 'the register."

Certain sec- 9, Subsections (1) and (3) of section 73, and sections 74, Ontario 75, 76 and 77 of The Ontario Companies Act, as amended by Act^to'appiy the Act passcd in the eighth year of the reign of His late Joritfo"ns^°'"^^J®^J ^i^g Edward VII., chapter 43, shall apply to cor- porations within The Loan Corporations Act.

9 Edw. VII., 10. Section 39 of The Sheriffs Act, passed in the ninth amended. ' jear of the reign of His late Majesty King Edward VII., chapter 6, is amended by adding thereto the following sub- section :

(2) Sheriffs may charge as a necessary disbursement such 8um for the keep of a horse as the Inspector of Legal Offices certifies to be reasonable, and any allowance for the keep of a horse heretofore made by the Inspector shall be deemed to have been properly allowed.

9 Edw VII., 11. Paragraph {h) of section 6 of The General Sessions amended. ' Act, passed in the ninth year of the reign of His late Majesty

King Edward VII., is repealed and the following substituted

therefor :

(h) At Sudbury on the first Tuesday in the month of June and on the 4th Tuesday in the month of ISTovember.

9 Edw. VII, 12. Section 4 of The Replevin Act, passed in the ninth amended.' 'year of the reign of His late Majesty King Edward VII,,

chapter 38, is amended by adding thereto the following

words :

"Nor for the recovery of any liquor seized by a License Inspector, Constable or other Officer under The Liquor License Act.

3 i5dw. VII., 13. Subsection 5 of section 14 of The Dower Act is re-

c 39 s 14

(5), 'amend- pealed and the following substituted therefor: —

ed.

(5) Where the wife is an infant or a person of unsound mind, notice of the application shall be served on the Official Guardian, except where such person is confined in any Pro- vincial Asylum for the Insane, in which case the notice shall be served only on the Inspector of Prisons and Public Charities. 208

14. Section 4 of The Trustee Investment Act is amended 9 r:dw. vii.. by inserting after the words "iu Ontario" in the eighth line amended. the words "or in school debentures."

15. — (1) Paragraph (d) of section 1 of the Act passed c. :2]'">i. i. in the ninth year of the reign of His late Majesty King ^J^^e^^jje^"^ ' Edward VII., chaptered 72, is hereby repealed and the fol- lowing substituted therefor:

"(d) That the Railway Company completes the entire lines from Sudbury to Little Current on or before the 31st day of December, 1912."

(2) Section 4 of the said Act is amended by inserting^ ^g'!!'. Z^^" after the word "Act" in the third line thereof the words "as amended.' amended by Section of The Statute Law Amendment

Act, 1911"

16. Paragraph (h) of seetion I ..F the Act passed ^ Edw.^vn.. in the ninth year of the reign of His late Majesty King^^). amend- Edward VII., chaptered 70, is amended by striking out the

figures "1911" in the last line thereof and substituting there- for the figures "1912."

17. The cash subsidy of $2,000 per mile given by subsec- |Snted to tion 1 of section 1 of the Act passed in the 62nd year of the'J^tario, e^tc., reign of Her late Majesty Queen Victoria, chaptered 23, to fis' vie.', c. The Ontario Hudson's Bay and Western Railways Company fen-ed to the is hereby granted to The Algoma Central and Hudson Bay centmt and Railway Company in lieu of the said The Ontario Hudson's ll^.^"^?. ^^^ Bay and Western Railways Company for that portion of the

lines of railway of The Algoma Central and Hudson Bay Railway Company between the main line of The Canadian Pacific Railway Company and The !N^ational Transconti- nental Railway a distance not exceeding 115 miles, subject to the condition that the line of railway for which the above mentioned subsidy is granted shall be commenced within two years from the date of the passing of this Act and com- pleted within five years from such date.

18. The Land Grant of r),000 acres per mile given by^^'^'J, f^^^*| section 3 of the Act passed in the 62nd year of the reign of ^"tario. etc. Her late Majesty Queen Victoria, chaptered 23, to The On-62 Vice. 23. tario Hudson's Bay and Western Railways Company, is to the hereby granted to The Algoma Ceiitral and Hudson Bay ;Vai''& Hud- Railway Company in lieu of the said The Ontario Hudson's J^^" ^^^' ^^'•

20S

6

Bay and Western Railways Company for that portion of the • lines of railway of The Algoma Central and Hudson Bay Railway Company between the main line of The Canadian Pacific Railway Company and The National Transconti- nental Railway, a distance not exceeding 115 miles, subject to the condition that the line of railway for which the above mentioned subsidy is granted shall be commenced within two years from the date of the passing of this Act and completed within five years from such date.

9 Edw. VII., 19. Section 53 of The Public Schools Act is amended by amended. ' adding thereto the following subsection:

(9) Any section which has been or shall be formed at any time by dividing an existing section shall be deemed to be a new section for all purposes.

10 Edw. VII., 20. Subsection 2 of section 15 of The County Courts A ct is

C. 30, S. lo . 1 c n • •

(2), amend- amended by adding thereto the following proviso:

Provided that additional sittings may be held in the months of April and September if in consequence of there being prisoners in gaol awaiting trial the Judge of any of the above Counties considers such additional sittings neces- sary.

21. The County Courts Act is amended by adding thereto

10 Edw.

VII., c. 30 .

amended. the followmg section :

Renumera- tion of clerk

17a. The Clerk shall be entitled to be paid by the County the sum of $4 for each day's attendance at all sittings of the County Court, both non-jury and jury. (See R.S.O., cap. 51, section 154.)

1^0 Edw- vn- 22. Subsection 5 of section Yl 5f The Surrogate Courts (5), repeal- ^^^ is repealed and the following substituted therefor:

(5) Where an infant or a person of unsound mind is in- terested, such notice shall be served on the Official Guardian, except in the case of a person confined in a Provincial Asylum for the Insane, when such notice shall be served on the Inspector of Prisons and Public Charities.

1 0 Edw. 23. Subsection 6 of section 145 of The Division Courts

s. 145' (6), Act is amended by adding at the end of the 4th line the

amended. ^Qj.(^g "^nd the sum of ten cents per mile for every mile

in excess of two miles necessarily travelled by him from his

place of residence to the place at which the Court is held."

20S

24. Section 33 of The Justices of the Peace Act is^\j^^^-^r,^ amended by inserting the words "or, in the case of a Districts. 33! amend by the Province" after the word "County" in the fourth line thereof.

25. The Constables' Act is amended by insertiiio' therein '!l,^'"^'=^-„„

^ P IT • • VII., c. 39.

the following section: amended.

17a.— (1) The Superintendent of the Ontario Provincial f^^P^^J,"^^^''- Police Force shall be ex-ofRcio a Police Magistrate,, and shall pojfj^^*" have and may exercise and perform the powers and duties magistrate of a Police Magistrate, and may take informations and issue warrants or summonses in any city, town, county, provisional county or provisional judicial district, or other locality in Ontario, and may make the same returnable in the city, tov^n, county, provisional county, provisional judicial dis- trict, or other locality in which the oifence charged is alleged to have been committed.

(2) The jurisdiction conferred by subsection 1 may be jwri'fftii'ctkm. exercised by the Superintendent notwithstanding that there

is in the locality in which he acts a Police Magistrate, who, under The Police Magistrate' s Act, or any other Statute, has jurisdiction exclusive or otherwise.

(3) The Lieutenant-Governor in Council may make such Regulations regulations from time to time with respect to the Ontario Provincial Police Porce as he may deem expedient.

(4) The Order-in-Council, dated 1st March, 1911, adding gr^er-jij"- to the regulations respecting the Ontario Provincial Police confirmed. Force regulations numbered 62 and 63, is confirmed and

shall be valid and binding to all intents and purposes as if the provisions contained in the said regulations had been set out and enacted herein, but nothing in this section shall pre- vent the Lieutenant-Governor in Council making changes in such regulations, or repealing the same as he may deem proper.

26. The Constables' Act is amended by adding thereto the vii^*^c^'39,

following section: amended.

175. When the Crown Attorney of any county by writing addressed to the Superintendent of the Ontario Provincial Police Force, requests the services of a member of the force, the expenses of any member of the force furnished in com- pliance with such request shall be certified by the Superin- tendent and the amount so certified shall be paid by the Treasurer of the County to the Treasurer of Ontario.

208

10 Edw. 37. Section 1 of The Act respectinq Juvenile Courts,

VII., c. 96,

ed.

i.'repeai- passed in the tentli year of tte reign of His late Majesty King Edward VII., chapter 96, is repealed.

J" ^gdw. vn.. 28.— (1) Section 54 of The Ad to incorporate the Brace- Edw^vii ^"t^dge amd Trading Lahe Railway Company, as enacted hy c. 23,'s. 54*' BeGtioTi 2 of The Statute Law Amendment Act, 1910, is Bracebridge amended by striking out the figures "1911" and substitnting ffaL^'^S/ the figures "1912."

way Co.

(2) The time limited for the subsidy granted to the said Railway Company by the Statute passed in the first year of the reign of His late Majesty, chapter 23, is extended for two years from the passing thereof, provided that the Com- pany shall have expended a sum of not less than $35,000 in the construction of the said Railway before the 31st day of December, 1911.

9 Edw. viL, 29. Section 31 of The Evidence Acth amended by striking

c. 43s31 . i/~

amended. out all the words after the word " appointment " in the 4th line and substituting therefor the following words " or to any matter or thing as to which he is by law authorized or re- quired to certify."

I^-S-O- c- 245. 30. Section 101 of The Liquor License Act i^ a.TaeTi^Bdi by amended. inserting after the word " thereof " in the 3rd line the words " if he is present " and by inserting after the word " but " in the 7th line the words " if he is not present or."

JO Edw. VIL, 31. — (1) Section 62 of The Registry Act is repealed and amended. the following Substituted therefor :

62 — (1) In the case of a registered mortgage the Registrar on receiving a certificate. Form 10, executed by the mortgagee, his executors, admin- istrators or assigns and duly proven in the man- ner required for the proof of other instruments shall register the same and record it and every affidavit attached to or endorsed on if at full length in the proper order in the Registry Bool and number it in like manner as other instru- ments are required to be rriris^tered, recorded and numbered.

(2) The following section is added to The Registry Act:

66a. Every certificate of payment or discharge of a mortgage or of the conditions therein or of the lands or any part thereof by the mortgagee, his executors, administrators or assigns at any time

208

9

given and whether before or after the time limited by the mortgage for payment or perform- ance, if in conformity with this Act, shall, when registered, be a discharge of the mortgage or of the lands in such certificate described, as the case may be, and shall be as valid and effectual in law as a release of the mortgage or of such lands and as a conveyance to the mortgagor, his heirs or assigns of the original estate of the mortgagor therein.

(3) Section 88 of The Registry Act is amended by i^^s^rt-s^ss^^^ ing after the' word "thereof" in the third line of subsection

(1) the following words "and a copy of the surveyor's field notes." And subsection (2) of that section is amended by striking out the word " is " in the second line and substitut- ing the following words "and a certified copy of the surveyor's field notes are."

(4) Section 80 of The Registry Act is amended by adding s. so thereto the following as subsection (8a) :

(8a) In the case of a survey hereafter made the plan shall be accompanied by a copy certified by the surveyor by whom the survey was made to be a true copy of the field notes of the survey.

32. Section 3 of The Powers of Attorney Act is amended by adding thereto the following paragraph:

Provided that nothing in this section shall affect the J." J^w. vii.. right of any person entitled to the money against amended^ the person to whom the payment is made, andse-sV vict. that the person so entitled shall have the samep»rt.' ^" remedy against the person to whom the payment is made as he would have had against the person making the payment.

33. — (1) Subsection (3) of Section 14^ o{ The Jvdicafuren.s.o. c. bi. Act is amended by inserting after the word "county" in the amended, second line the words "and district"; and by adding the following subsection :

(6) The several clerks of the District Court shall ex officio be local registrars of the Hi^ Court for their respective Districts.

(2) Subsection (1) of section 82 of The Judicature ^^^'j^JJ^J^^ is amended by inserting after the word "town" in the fourth line the words "and in each Provisional Judicial District.**

208

10

S. 83 (1) amended.

(3) Subsection (1) of section 83 is amended by inserting after the word "counties" in the third line the words "and in each Provisional Judicial District."

s. 84 amended.

S. 86 ^ amended.

S. 8« amended.

R.S.O. 1897, c. 51. 8. 68, par. 1 repealed.

R.S.O. 1897, c. 51, s. 57, par. 4 repealed.

R.S.O. 1897. c. 51, 8. 57 amended.

9 Edw. VII. c. 47, 8; 9; amended.

S. 32 amended.

(4) Section 84 is amended by inserting after the word •'county" in the second line the words "or District."

(5) Section 85 is amended by inserting after the word "county" in the second line the words "or District."

(6) Section 86 is amended by inserting after the word "town" in the third line the words "or District" and by in- serting after the word "town" in the fourth line the words "or District" and by inserting after the word "county" in the eighth line the words "or District."

(7) Paragraph 1, 7 and 8 of section 58 of The Judicature Act is repealed.

(8) Paragraph 4 of section 57 of the said Act is also repealed.

(9) Section 57 oi The Judicature Act is amended by add- ing thereto the following clause :

7a. A person who has committed a wrong giving a cause of action for the recovery of damages to the person wronged may at any time before action tender amends and the tender shall have the same effect as a tender in an action for the re- covery of a debt.

34. — (1) Section 9 of The Execution Act is amended by inserting at the commencement thereof the words "subject to the provisions of the Land Titles Act."

(2) Section 32 of The Execution Act is amended by add- ing thereto the following subsection :

(3) Property over which a deceased person had a general power of appointment exercisable for his own benefit without the assent of any other per- son wtere the same is appointed by his will may be seized and sold under an execution against the personal representative of such deceased person after his own property has been exhausted.

f mended?' ^^ (^) S^ction 19 of The Execution Act is amended by insert- ing after the word "bond" in the second line the word "mort- gage" and section 21 of the said Act is amended by inserting

2,QS,.

11

after the word "bond" in the third line the word "mortgage" ; and section 25 of the said Act is amended by striking out the word "such" in the second line and substituting therefor the word "any" and by inserting after the word "instrument" in the third line the words "seized under the provisions of this Act."

(4) Subsection (1) of section 9 of The Execution Act iSc.^7s.IYi) amended by inserting after the word " writ " in the eighth amended, line the following words, " or any other writ by virtue of which the goods of the execution debtor might be seized or attached."

35. — (1) Section 10 of The Administration! of Justice iOEdy^.vu., Expenses Act is amended by striking out the figures " 32 " amended, in the first line thereof.

(2) Section 21 of The Administration of Justice Expenses Act is amended by adding thereto the following subsection: —

(3) The Chairman of the Board of Audit shall have the lo Edw. vii., power of summoning before the Board any per- amended. " son and of requiring him to give evidence on oath, and to produce such documents and things as the Board may deem requisite to the full in> vestigation of such accounts and demands, and for that purpose shall have the same power to enforce the attendance of any person and to compel him to give evidence and produce docu- ments and things as is vested in any court in civil cases. 8 Edw. VII., c. 37, s. 1.

36. Section 3 of The Married Women s Property Act is amended by adding thereto the following subsection: —

(3) Where any freehold hereditament is vested r.s.o. i897. in a married woman as a bare trustee, she may '^' convey or surrender the same as if she were a feme sole, and without 'her husband joining in the conveyance. (See also* and consider s. 18 of The Imp. Act of 1907.)

(Note. — Should there he an amendment to The Territorial Divisions Act hy providing for district toivns, and should a provision he made establishing county towns in counties.^

37. Subsection (2) of section 16 of The Mechanics a??r^ lo Edw. vii. W'aqe Earners' lAen Act is amended by striking out thes. i6(2) figure "5" in the third line and substituting therefor the

figure "6." 208

12

38. Section 74 of The Division Courts Act is amended by striking out the words " unless and until " in the third and fourth lines and substituting therefor the word " where."

o'^fr?''' ^ii- 39. Section 28 of The County Courts Act is amended bv amended. inserting after the word " forfeitures " in the fifth line the

words " but not the power to remove a trustee or to appoint

a new trustee under The Trustee Act."

l^fi^i^li ^^- Section 26 of The Estates Tail Act is amended by amended. inserting at the end of the third line the words " from or within."

41. The Mercantile Law Amendment Act is amended by adding thereto the following section: —

lOEdw. VII.. (a) Stipulations in contracts as to the time or other-

amended, wise which would not before the passing of The

Ontario Judicature Act, 1881, have been deemed to be or to have become of the essence of such contracts in a Court of Equity shall receive in all courts the same construction and effect a.- they would, prior to the passing of that Act have received in equity. R.S.O. 1897, c. 51 . s. 58 (7).

(6) Part performance of an obligation either before or after a breach thereof when expressly accepted by the creditor in satisfaction, or rendered in pursuance of an agreement for that purpose, though without any new consideration, shall be held to extinguish the obligation. R.S.O. 1897, c. 51, s. 58 (8).

9Bdw, VII,. 43. — (1) Section 16 of The Lunacy Act is amended by amended. adding thereto the following clause: —

(l) Give consent to the transfer or assignment of a lease where the consent of the lunatic to the transfer or assignment thereof is requisite.

(2) Subsection (2) of section 10 of The Lunacy Act is amended by striking out the figures and word " 2 and 3 '* in the second line and substituting therefor the figures and word " 3 and 4."

K.S.O. 1897. 43 The Trades Arbitration Act is rei[)ea.h([. 208

e 169

repealed

13

44. Chapter 72 of the Revised Statutes, 189Y, is re-«s-o. iss?.

pealed. repeaJefl

45. With the consent of " The Ontario Railway and Muni- Tmnsmis- cipal Board" any Company supplyine; electricity or com- electricity

^ 1 • • -v/i- • TV • • ^ 4?. ,• . X- in Mining

pressed air m any Mining Division may from time to time Division construct, maintain and operate such transmission lines, airf"gon"*ands pipe lines, substations and other necessary conveniences for ^o^gent the transmission of electric power and compressed air in and o^ owner, through such Mining Division, and for any of the purposes aforesaid enter upon any mining lands or any privilege or easement required hy such Company for such purpose with- out the consent of the owner thereof, but subject to the pay- ment of such compensation or annual rent for the privilege or easement required or authorized, as may upon application therefor be determined by the Board or some person appointed by it whose decision shall be final, and the Board shall have power at any time to cancel any such right. This section shall not come into force until a day to be named in a pro- clamation of the Lieutenant-Governor in Council.

46. Subsection (1) of section 12 of The Agricultural lOEdw.vii., Societies Act is amended by striking out the words and amended. ' figures "(2) A Society which expends any of its funds for

any purpose of" in the 16th and 17th lines, and substituting therefor the following "(c) By."

47. Clause (h) of section 91 of The Registry Act is lOEdw. vii., amended by striking out all the words after the figures "20" clause (h),' in the 5th line of the said clause, and inserting in lieu thereof ^"^^"

the words "up to 100 lots or parcels, and a fee of two cents for each lot in excess of 100."

48. Clause (/) of section 22 of The County Courts Act is lOEdw. vii., amended by inserting after the word "liens" in the 3rd line amended. "' the words "with or without a claim for delivery of possession

or payment or both."

49. Section 24 of The Agricultural Societies Act is hereby lo Edw. vii.. amended by adding after the third line thereof the following : amended.

Provided the Superintendent on or before the thirty- fir.st day of December in any year shall receive satisfactory proof that rain or snow shall have fallen at the place of holding an exhibition and before three o'clock in the afternoon on one or any day of the holding of an exhibition by any society and attested by the joint affidavit of the President and Secretary or Secretary-Treasurer setting forth the same, and upon his being satis-

208

14

fied that as a consequence the gate receipts have been less than the average of the previous three years of holding the exhibition of the same so- ciety, the said society shall be entitled to receive a grant equal to one half of the diiference be- tween the gate receipts of the exhibition of the current year and the average of the gate receipts of the previous three years, but the amount to be paid to anyone society for this purpose shall not exceed three hundred dollars, and the total amount so paid to all societies shall not exceed ten thousand dollars.

i\n'7"" ^^ Subsection (1) of section 3 of The Agricultural As- araended. sociations Act is amended by adding thereto the following words "The Ontario Plowmen's Association."

c. 9, B. 21 ' 51. Section 21 of The Supplementary Revenue Act is amended by adding thereto the following subsection :

(6) Upon the registration of any such certificate of for- feiture by any Registrar the Registry Act shall cease to apply to the land affected thereby, and the Regisitrar s'hall in his abstraiet index in rod ink note this fact. This subsection shall bo applicable to every certificate heretofore registered.

Rev. Stat. 52. — (1) Section 3 of The Municipal Waterworks Act is amended. amended by inserting after the word " necessary," in the fourth line, the following words : " or to appropriate.-"

(2) Section 4 of The Municipal Waterworhs Act is amended by inserting after the word " waterworks," in the sixth line, the following words: " or of protecting the same or for the purpose of preserving the purity of the water supply, and may appropriate such parts of the said lands."

Rev. Stat, c. 235, s. 4 amended.

County of Essex and city of Windsor may make agreement for provid- ing offices for Crown officers.

53. The Corporation of ithe County of Essex and the Cor- poration of the City of Windsor may enter into an agreemenit for providing and maintaining suitable accommodation in the City of Windsor for offices for the Crown Attorney, Local Master and Local Registrar of the High Court, and chambers and offices for the County Judges and for other officers con- nected with the administration of justice in the said county, and either of the said Corporations may acquire by purchase, lease or otherwise in the City of Windsor the necessary land or land and buildings for such offices, and may erect buildings and furnish and maintain the same for all or any of such pur- poses, and may borrow money by the issue of debentures, payable within 30 years from the date of the issue thereof, to pay the cost of such land and buildings, without obtaining the assent of the ratepayers. 208

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No. 208. 1911.

BILL

Clauses to be added to The Statute Law ' mendment

Act.

IN^ COMMITTEE.

60. Section 4 of The Fruit Pests Act is amended by add- ing the following words: —

"Or sell or dispose of, or offer for sale any fruit in- fested with San Jose Scale, Yellows or Little Peach. Wherever such diseased fruit exists or is believed by the Provincial Inspector to exist he may make an examination and inspection and may order any fruit so infested, or such part as he may deem advisable, to be destroyed."

61. Clause (&) of section 5 of the said Act is amended by striking out the word "May" in the last line and substi- tuting therefor the word "March," but this section shall not come into effect until 1st January, 1912.

62. Clause (c) of section 5 is repealed and the following clause substituted therefor:

"(c) Upon the report of the Inspector appointed by the municipality to the Inspector appointed under section 3 of this' Act, that there is disease upon the plants on any lot within the municipality, the latter Inspector shall direct the former In- spector to give notice personally or by regis- tered letter to the owner or occupant of the lot to have the plants forthwith sprayed or to have them destroyed by burning, as may be deter- mined by the Inspector appointed under sec- tion 3 of this Act; and in case this is not done within ten days after the notice has been given the Inspector appointed by the municipality may

2m

cause the spraying or destruction by burning to be done, and on notice being sent to the Clerk the cost of the work shall be charged on the lot and be collected as a special tax in addition to the other taxes imposed by the municipal council on the lot."

63. Section 16 of The Supplementary Reverms Act, 1907, as' amended by section 4 of the Act passed in the 8th year of the Reign of His late Majesty King Edward VII., and chaptered 15, is amended by adding at the end tiiereof the following additional proviso :

Provided that there shall be no right to exemption under this subsection unless a claim for such exemption shall have been made and proof by affidavit or otherwise of the facts shall have been fur- nished to the Bureau of Mines not later than the 1st of March of the year in which the tax is payable, nor unless such claim for exemption shall have been approved in writing by the Mine Assessor ; but in the year 1911 said claim and affidavit may be filed at any time prior to the 1st of September, 1911.

64. Section 2 of the Act passed in the 8th year of the Reign of His late Majesty King Edward VTI., and chaptered 134, is repealed and the following section substituted there- for :

2. !N"otwithstanding anything contained in the said Acts and in The Ontario Railvmy Act, 1906, the rail- way authorized by the said Acts shall be com- pleted within three years from the passing of this Act, and if the railway is not completed and put in operation within six years from the 14th day of April, 1908, then the powers granted to the said Company by the said Acts shall cease and be null and void as respects so much of the railway as then remains uncom- pleted.

65. Clauses (a) and (c) of section 4 of the Act passed in the 9th year of the Reign of His late Majesty King Edward VII., and chaptered 69, are both repealed and the following clauses respectively substituted therefor:

(a) The work of constructing the Lac Seul, Rat Port- age and Keewatin Line of Railway shall be com-

20«

menced" within four years from tlie 13 th April, 1909, and completed within five years from the said date.

(c) The work of constructing the Central Ontario line of railway shall be completed within four years from the 13th April, 1909.

66. Subsection (2) of section 5 of The Act respecting the Town of Smith's Fonlls, passed at the present session, is amended by inserting after the word "street" in the 8th line of the said subsection, the words "or made private drain con- nections from any sewer existing or to be constructed to the line of the street on the side of the street on which such sidewalk is located," and the said amendment shall be in- corporated in the said Act in the annual volume of the Statutes.

67. The Act to incorporate the Yitlage of Killwloe Sta- tion, passed at the present session, is amended by striking out of the preamble the figures and words "4 and 5 in the 4th Concession of the Township of Hagarty, and lots num- bers 4, 5 and 6" in the 5th and 6th lines thereof, and sub- stituting therefor the figures and words "5 and 6 in the 4th Concession, and lots numbers 5, 6 and Y," and by striking out all the words after the word "say" in the 3rd line of sec- tion 2 and substituting therefor the following:

"lots numbers 5 and 6 in the 4th concession, and lots 5, 6 and 7 in the 5th concession of the said Township of Hagarty, amounting in all to about 500 acres, inclusive of all the allowances for roads within or between the said lands."

and the said amendment shall be incorporated in the said Act in the annual volume of the Statutes.

68. Notwithstanding anything contained in The Agricul- tural Societies Act, the society known as "The Cooksville Agricultural Society" is hereby declared to be an Agricul- tural Society, under the provisions of The Agricultural So- cieties Act J and to have all the rights and privileges of an Agricultural Society under the said Act.

69. Section 2 of the Act passed in the eighth year of the reign of His late Majesty, King Edward the Seventh, in- tituled an Act to amend The Ontario Companies Act, is amended by adding the following subsections :

(6) In addition to the securities in which under The Trustee Act a trustee may invest, a trust com-

pany may invest trust money in. the debentures of any municipal corporation in the Province of Manitoba, Saskatchewan or Alberta, or in any other Province which may be named by the Lieutenant-Governor in Council.

(7) Any money heretofore invested by a trust company

in the debentures of any municipal corporation in any of the Provinces mentioned in subsection (6), or in the Province of British (Jolumbia, shall be deemed to have been lawfully and proper- ly invested, provided that such iu vestments ai-e in other respects reasonable and proper.

(8) The Supreme Court may enter into an agreement

with any trust company for the investment of moneys paid into Court by parties or under any order of judgment, or under rules of Court on such terms and conditions as may be agreed on with such company.

70. Subsection (5) of section 14 of The Dower Act is repealed and the following substituted therefor :

(5) Where the wife is an infant or a person of unsoimd mind, notice of the application shall be served on the Official Guardian, except where such person is confined in any Provincial Asylum for the Insane, in which case the notice shall be served only on the Inspector of Prisons and Public Charities.

71. Subsection (5) of section 71 of The Surrogate Courts Act is repealed, and the following substituted therefor:

(5) Where an infant or a person of unsound mind is I interested, such notice shall be ser^^ed on the

Official Guardian, except in the case of a person confined in a Provincial Asylum for the Insane, when such notice shall be served on the Inspector of Prisons and Public Charities.

72. Section 13 of The Act for the Protection of Persons employed in the Construction of Buildings, passed at the present session is amended by striking out the words "dwell- ing house" in the 2nd line and substituting therefor the word "building," and by striking out the word "nor" in the 3rd line, and substituting therefor the words "or to any farm building or" ; and the said amendments shall be incorporated in the said section in the annual volume of the Statutes.

o Si*

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^"0. 208. 1911.

BILL

The Statute Law Amendment Act, 1911.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. Section 15& of The Act to preserve the Forests from Rev. stat. Destruction hy Fire, added thereto by the Act passed in the 15b," ainend- sixty-third year of the reign of Her late Majesty Queen «•*• Victoria,, chapter 45, is amended by striking out the words

"one half of" where they occur in the tenth and eleventh lines thereof; by striking out the words "and one half by the said Minister out of moneys voted by the Legislative Assembly for the purpose" in the thirteenth, fourteenth and fifteenth lines thereof ; by striking out the words "the whole amount of" from the sixteenth line thereof; by striking out the words "one half" in the eighteenth line thereof ; and by inserting after the word "expenses" in the sixteenth line thereof the words "out of moneys voted by the Legislative Assembly for the purpose."

2. Section 27 of The Ontario Public Service Act is r^^ g^^t amended by adding the words "or to any member or members amended '*' thereof" at the end of the said section.

3. The Supplementary Revenue Act, 1907, is amended 7 Edw. vii. by inserting after section 20 thereof the following section : ^^•' *m«n*-

20'a.. — (1) Where lands liable to acreage tax under section Procedure 16 are held bv two or more co-owners and the whole ciafm °f or of /the taxes have been paid by one or more of such co- taxS*by °' owners, and the other co-owner or co-owners have neglected*^"«^j^°g"°'^'**'" or refused to pay his or their proportion of snch taxes for another, a period of six years, the co-owrior or co-owners who have paid such taxes miay apply to a Judge of the High Court for a summons directed to the delinquent co-owner or co-owners, calling upon him or them to make payment of the proper proportion of such taxes, to the co-owner or co-owners who

have paid the siiiiic within three muiiths from the date of such siuimioiis.

(2) The siumuuiKs shall he served in sueh manner as the said .hidge f=hall dircet, and if upon the return thereof it shall appear that payment has not been mad© in accordance therewith, the Judge may make an order vesting the interest of the delinquent co-ownier or co-owners in the co-owner or co-owners who have paid the taxes, and such order shall be registered in the 'proper registry or land titles office.

(3) In this section " co-owner or co-owners " shall include " co-lessee or co-lessees."

7 Edw VII c. 9, s. 21

4. Subsection 1 of section 21 of The Supplementary (1). amend- J^eveniie Act, 1907, is amended by adding at the end thereof

the following as subsection (la) :

per^sons^in (^^') ^f ^^^ taxes due, with costs and expenses, or any part default. thereof, remain unpaid until within four months of the day so fixed, the Deputy-Minister shall, not later than two months prior to such day, mail or cause to be mailed by registered post to the person appearing from search or inquiry at the Registry or Land Titles Office to be the owner or last known owner of each property so in default, at what appears to the Deputy-Minister to be the address or last known address of such person so far as he can reasonably ascertain it, notice specifying the total amount of taxes, costs, expenses and penalties due or payable under this Act in respect of such property and stating that unless the same is paid on or be- fore the day so fixed the property will be forfeited; and to the amount otherwise payable under this Act there shall in every such case be added and shall be paid as costs of such notice the Sum of $5 for each parcel of property."

c T^" XV" ^' Subsection (1) of section lY of The Audit Act is (i).' amend- amended by striking out the words "criminal investigation" in the fourth line, and inserting in lieu thereof the words "the investigation, detection or punishment of any offence againvSt the laws of Ontario or of Canada, or on account of special services or disbursements in connection with inquests, or any purpose connected with the administration of justice in either civil or criminal matters," .Sl^'^and tlie certificate of the auditor for the issue of the cheque mentioned iu section 18 shall not be required. ^^^^hlE

Salaries and increases.

6. — (1) .S^^'Notwithstaiidini:- auythiuo' in The Ovinrio

take" effect I'l'l'l'^ Service Art."''^^ wliere the salary or other remunern-

tion or an increase in the salary or other remuneration

attached to any office, clerkship oi- service is voted bv the

Assembly in the Estimates or Supplementary Estimates for

20«

any financial year, wliether the ap]iro])i-iiiri(>ii therefor is made by the l^egishiturc hcldi-c [he (•oiniiienreiuent of. oi' (luring- the tinaiieial y<'ar for whii-li ilie :i)>|)i'oi)riatiun i^ uiack^ l^'^'aiid notwithstanding that the ofheer, ch-rk or stn*- vant was appointed after the comnieneement of the financial year for which the salary or other remuneration or increase was voted, "^^H nidess it is otherwise expressly stated in the Estimates or Supplementary Estimates, l^^or directed by the Lieutenant-Governor in Council, '^^ such salary, or other remuneration, or such increase, shall take effect and shall be payable as from the commencement of that financial year, and the portion of such salary or other remuneration or of such increase which has accrued before the date of the passing of fhe Act making the approj^riation shall be payable at that date.

(2) This section shall take effect as from the Slst daj of October, 1910.

7. — Subsection ( 1 ) of section 2 1 of The Vital Statistics 8 Edw. vii..

_/^ . • c 28 s 21

Act is amended by JJ^^adding at the end of the subsection (i), amend- the words, " but in the case of a marriage solemnized under the authority of a license or certificate it shall be sufficient to report the same on the form attached to the license or cer- tificate.'"

ed.

8, The Vital Statistics Act is am^ended by addinff thereto s Edw. vii.,

c 28 s 22

the following SCX-tion as scchoil 20a. (2), 'amend-

ed.

20a. — (1) The Registrar-General may register a birth which has not been registered in accordance with section 18 „ ^^

......... . 8 Edw. Vll.

// the infoi-mation is furnished in accordance with the pro-c. 28, visions of this Act, and the registration shall be made in the proper register, and the date of registration shall be entered in the proper CM^)lumn of the register,

(2) Where the registration of a marriage has not been

made, as provided by section 21, the Division Registrar of the Division in which a marriage "r/.s solemnized may register the same at any time after the solemnization of the marriage if the information is furnished in accordance with the pro- visions of this Act, and the iH^gistratioii mIkiII Itc made in the schedules of the current (|narl(>r.

(3) After the expiration of twelve months from the solemnization of tihe marriage, registration shall only he made by the Regi^trar-'General, if the information is fur- nished in accordance with the provisi(ms of this Act, and the entry of registration shall be made in the proper reg-ister, and the date of registration shall be entered in the proper column of the register.

208

The Ontario

Ontario

Companies

Act amended.

(4) The Kegistrar-General may register a death which has not been registered by a Division Registrar in accordance with section 28, ^/ the inlnnii;!! iuu i-; riii'ni-licd in accordance with the provisions of ibis Act, and the registration shall be made in the proper register, and the date of registration shall be entered in the proper column of ilic i(u1-i<m"."

^- — (1) The Ontario Coiiipanles Act is amended in the following manner :

(a) In section 44, by striking out the \v<»i'<l " or " in the last line and substituting therefor tlu; word " and."'^^

(&) In section 73, as amended by 8 Edward VII., Chapter 43, section 1, subsections 5 and 6, by striking out the words, " Provided, however, that nothing in this part of this Act shall apply to promissory notes, bills of exchange, bills of lading, warehouse receipts or other securities of a com- mercial nature issued in the ordinary course of business," and substituting therefor the following: Nothing in this section shall limit or restrict the power of the corporation to borrow money on bills of exchange, promissory notes, bills of lading, warehouse receipts or other securities of a commercial nature issued in the ordinary course of business."'

J^^ (c) In section 141 by striking out the word "thereof" in the third line and inserting in lieu thereof the words, " who are present " ; and by adding the following words at the end thereof : " This section shall be construed as if it had been wholly enacted on the 20th day of April, 1907.""^!

f^" (d) In section 154, by striking out the word " or " in the fourth line thereof and substituting therefor the word " and."'=^Sl

9 Edw. VII..

(2) The words "other securities" in clause (h) of section 73 of the said Act and in the Acts thereby repealed, include and are declared to always have included debenture stock both perpetual and terminable. "^^f

(3) Clause (2) of section 73 is repealed. "^^ 10. Section 39 of The Sheriffs Act is amended by adding

c. 6. s. 39," thereto the following subsection :

azz>ended

(2) Sheriffs may charge as a necessary disbursement such sum for the keep of a horse as the Inspector of Legal Offices certifies to be reasonable, and any allowance for the keep of a horse heretofore made by the Inspector shall be deemed to have been properly allowed. 208

11. — (1) Paragraph (//) of soefion (i of The (7(^?(emZ 9 Edw vii.. Sessions Act is repealed and ilic followino- 8U'1)stitnte(l there- amended, for :

Qi) At Sudbury on the first Tuesday in the month of June and on the 4th Tuesday in the month of November.

(2) Subseietion (1) of section 4 of The General Ses- sions Act as amended by section o2 of The Statute Law Amendment Act, 1910, is amended by striking- out the word "Wentworth " in the fifth line, and subsection 3 of said sec- tion 4 as amended by section 32 of The Statute Law Amendment Act, 1910, is amended by striking out the words "and Wentworth "in the first line and inserting the word ► " and " before the word " Middlesex.""* '.>1

(3) Subsection 2 of section 4 of The Gener'nl Sessions Act is amended by striking out the words " Oounty of York " in the first line and substituting rlicicfni' " the (^ounties of York and Wentworth."'"^^

(4) This section shall come into force on -the 1st day of August, 1011.^1

12. Section 4 of Tlic Ih'pJcrni Act is amended by adding c. 38, ' s. i', thereto the following woi'ds : amen e .

" Or for the the rocoverv of any licpior seized by a License Inspector, Constable or other Officer under The Liquor License Act.

15, — (1) Paragraph (d) of section 1 of the Act passed 9 Edw. vii.. in the ninth year of the reign of His late Majesty King subs.' I' (d.). Edward VIL, chaptered 72, is hereby repealed and the f ol- ^^«"«*e'i- lowing substitiited therefor:

"(d) That the Railway Company completes the entire lines from Sudbury to Little Current on or before the Slat day of December, 1912."

(2) Section 4 of the said Act is amended by inserting ^ ^^^ yjj after the word "Act" in the third line thereof the words "as c.^2^ |^^4. amended by Section of The Statute Law Amendment

Act, 1911,"

16. Paragraph {h) of section 1 of the Act passed 9 Edw. vii., in the ninth year of the reign of His late Majesty King ^^j ^'^^^J^-. Edward "VIL, chaptered 70, is amended by striking out the««J- figures "1911" in the last line thereof and substituting there- for the figures "1912." 208

6

granted to ^'^' ^^^ ^^^^ subsidy of $2,000 per mile given by subsec- ontario, etc. tion 1 of section 1 of the Act passed in the 62nd year of the 62 Vic.', c. reign of Her late Majesty Queen Victoria, chaptered 23, to ferred tothe The Ontario Hudson's Bay and Western Railways Company centi^t and is hereby granted to The Algoma Central and Hudson Bay uy^'^co. ^*^ Railway Company in lieu of the said The Ontario Hudson's Bay and Western Railways Company for that portion of the lines of railway of The Algoma Central and Hudson Bay Railway Company between the main line of The Canadian Pacific Railway Company and The National Transconti- nental Railway a distance not exceeding 115 miles, subject to the condition that the line of railway for which the above mentioned subsidy is granted shall be commenced within two years from the date of the passing of this Act and com- pleted within five years from such date.

givln to*"he ■*-®' The Land Grant of 5,000 acres per mile given by Ontario, etc. section 3 of the Act passed in the 62nd year of the reign of 62 vic./'c. 23, Her late Majesty Queen Victoria, chaptered 23, to The On- to the tario Hudson's Bay and Western Railways Company, is tVai°& nSd- hereby granted to The Algoma Central and Hudson Bay son Bay Ry-j{ailway Company in lieu of the said The Ontario Hudson's Bay and Western Railways Company for that portion of the lines of. railway of The Algoma Central and Hudson Bay Railway Company between the main line of The Canadian Pacific Railway Company and The National Transconti- uental Railway, a distance not exceeding 115 miles, subject to the condition that the line of railway for which the above mentioned subsidy is granted shall be commenced within two years from the date of the passing of this Act and completed within five years from such date.

9 Edw. VII.. 19. Section 15 of The Public Schools Act is amended by

c 89 s. 15. . .

amended. ' adding thereto the following subsection:

(5) Any section which has been or shall be formed at any time by dividing an existing section shall be deemed to be a new section for all purposes.

10 Edw. VII.. 3^" 20. — (1) iSubsection 2 of section 15 of The County f2)!'^amend- ^ ourts Act is amended by striking out the words " and Went- «^- worth" in the-first line and adding the word " and " before

the word " Middlesex " in the same line. ''''^I

(2) J^^ Subsection 3 of section 15 is amended by adding' after the word " York " in the first line the words " and the County of Went worth." ""^I

12^^ (3) Subsection 4 of said section 15 is amended by adding after the word "York" in the first line the words " and in the County of Wentworth." "^^H 208

21. The County Courts Act is amended by adding thereto J®^^'*'^- ,,

. ^ J b VII., c. 30,

the following section: amended.

17a. The Clerk shall be entitled to"' be paid by the County Renumera-

1 r t^ A f 11? i^i -t^ • ' r \ Uow of clerk

the sum oi $4 lor each day^s attendance at all sittings of the County Court, both non-jury and jury. (See R.S.O., cap. 51, section 154.)

23. Subsection 6 of section 145 of The Division Courts l?,^^"^.,..

Vll., C. 6^.

Act is amended by adding at the end of the 4th line thes- i45 (6). words "and the sum of ten cents per mile for every mile in excess of two miles necessarily travelled by him from his place of residence to the place at which the Court is held."

24. Section 33 of The Justices of the Peace Act is k, ^^^ amended by inserting the words "or, in the case of a District ^^g^j- ^'^^'j^a. from the Province" after the word "County" in the fourth ed.

line thereof.

25. The Constables' Act is amended by inserting therein io Edw.

,1 jr n . ,. -^ ^ VII., c. 39.

the tollowmg section: amended.

11a. — (1) The Superintendent of the Ontario Provincial ^"Pe^Jj"*®^*' Police Force shall be ex-officio a Police Magistrate, and shall ex-offlcio have and may exercise and perform the powers and duties magistrate of a Police Magistrate, and may take informations and issue warrants or summonses in any city, town, county, provisional county or provisional judicial district, or other locality in Ontario, and may make the same returnable in the city, town, county, provisional county, provisional judicial dis- trict, or other locality in which the offence charged is alleged to have been committed.

(2) The jurisdiction conferred by subsection 1 may be'?^«''«^if* p'

•Tiio • -t ' ^ T 1 ^ jurisdiction.

exercised by the superintendent notwithstanding that there is in the locality in which he acts a Police Magistrate, who, under The Police Magistrate' s Act, or any other Statute, has jurisdiction exclusive or otherwise.

(3) The Lieutenant-Governor in Council may make such Resuiations regulations from time to time vvith respect to the Ontario Provincial Police Force as he may deem expedient.

(4) The Order-in-Council, dated 1st March, 1911. trifling ^;;Jer-^'^"- to the regulations respecting the Ontario Provincial PohVfronflrmed Force regulations numbered 62 and 63, is confirmed and

phall be valid and binding to all intents and purposes as if the j)rovisions contained in kiicIi vcii'idatioiis had boon set out and enacted herein, but nothing in this section shall pre- vent the Lieutenant-Governor in Council from making 208

changes in such regulations, or repealing the same as he may deem proper.

^OjjEdw.^^ 26. The Constables' Act is amended by adding thereto the

amended * following SectioD.:

17b. When the Crown Attorney of any county by writing addressed to the Superintendent of the Ontario Provincial Police Force, requests the services of a member of the force, the expenses of any member of the force furnished in com- pliance with such request shall be certified by the Superin- tendent and the amount so certified shall be paid by the Treasurer of the County to the Treasurer of Ontario.

¥11^*^^' 96. ^'^- Section 1 of The Act respecting Juvenile Courts, repeal- passed in the tenth year of the reign of His late Majesty King Edward VII., chapter 96, is repealed.

s. 1, ed.

1^9^^"^' ^V'' ^^* — (-^) Section 54 of The Act to incorporate the Brace- and 7 bridge and Trading Lahe Railway Company, as enacted by

a 23.8.54" section '2, oi The statute Law Annendment Act, 1910, is Rra^celfridRe amended by striking out the figures "1911" and substituting i.ake^ Ran/ ^^6 figures "1912."

way Co.

(2) The time limited for the subsidy granted to the said Railway Company by the Statute passed in the first year of 'the reign of His late Majesty, chapter 22, is extended for two years from the passiing hereof, provided that the Com- pany shall have expended a sum of not less than $35,000 in the construction of the said Railway before the 31st day of December, 1911,

n Kdw. VII.. 29. Section 31 of The Evidence Act is amended by striking amended. ' out all the words after the word " appointment " in the 4th line and substituting therefor the following words "or to any matter or thing as to which he is by law authorized or re- quired to certify."

31. — (1) Section 62 of The Registry Act is repealed and the following substituted therefor :

60 amended

c. 60 '^' " 62. In the ease of a registered mortgage the

Registrar on receiving a certificate. Form 10, executed by the mortgagee, his executors, admin- istrators or assigns and duly proven in the man- ner required for the proof of other instruments shall register the same and record it and every affidavit attached to or endorsed on it at full length in the proper order in the Registry Bool

208

and number it in like manner as other instru- ments are required to be registered, recorded and numbered.

(2) The following section is added to The Registry Act:

1 (j6a. Every certificate of payment or discharge of a

mortgage or of the conditions therein or of the lands or any part thereof by the mortgagee, his executors, administrators or assigns at any time given and vs^hether before or after the time limited by the mortgage for payment or perform- ance, if in conformity with t!his Act, shall, when registered, be a discharge of the mortgage or of the lands in such certificate described, as the case may be, and shall be as valid and effectual in law as a release of the mortgage or of such lands and as a conveyance to the mortgagor, his heirs or assigns of the original estate of the mortgagor therein.

(3) Section 88 of The Registry Act is amended by insert- s. %t ing after the word "thereof" in the third line of subsection ^"^^"**^ (1) the following words "and a copy of the surveyor's field notes, if any." And subsection (2) of that section is amended

by striking out the word " is " in the second line and sub- stituting the following words " and a certified copy of the sur- veyor's field notes, if any, are."

(4) Section 80 of The Registry Act is amended by adding s. to thereto the following as subsection (8a) : amended.

(8a.) In the case of a survey hereafter made the plan shall be accompanied by a copy certified by the surveyor by whom the survey was made to be a true copy of the field notes, if any, of the survey.

32. Section 3 of The Powers of Attorney Act is amended by adding thereto the following paragraph:

Provided that nothing in this section shall affect the i" '^^^- vn-. right of any person entitled to the money against amended, the person to whom the payment is made, and b^Iv vict. tliat the person so entitled shall have the same part' ^' ^* remedy against the person to whom the payment is made as he would have had against the person making the payment.

33. — (1) Subsection (3) of Section 14^ oi The Jvdicaiureji_s_o^ c. 5i^ Art is amended by adding the following subsection: aVriended.

208

10

(G) The clerks of the District Courts shall ex officio be local registrars of the High Ooiirt for their respective i)istricts.

S. 82 (1)

amended. (2)|^^ Section 2 of the said Act is amended by adding

the following paragraphs : '^^^l

i^^ 14. " County " shall include " District." "^1 1^" 15. " County Court " shall include " District

Court." 1^^ 16. " County Town " shall include " District Town." "^1

f'\?' B^W' (^) Paragraphs 1, 7 and 8 of section 58 of The Judicature par. 1 Act are repealed.

repealed. ^

R.S.O. 1897,

51,'s: 57.' (4) Paragraph 4 of section 57 of the said Act is al

repealed,

SO

par. 4 rei)ealcd.

(5) Section 57 of The Judicature Act is amended by add- ing thereto the following clause:

R.S.O. 1897, c. 51, s. 57 amended.

9 E-dw. VII. c. 47, s. 9. amended.

7a. A person who has committed a wrong giving a cause of action for the recovery of damages to the person wronged may at any time before action tender amends and the tender shall have the same effect as a tender in an action for the re- covery of a debt.

34. — (1) Section 9 of The Execution Act is amended by inserting at the commencement thereof the words "subject to the provisions of the Land Titles Act."

S. 32 amended.

(2) Section 32 of The Execution Act is amended by add- ing thereto the following subsection :

(3) Property over which a deceased person had a general power of appointment exercisable for his own benefit without the assent of any other per- son where the same is appointed by his will may be seized and sold under an execution against the personal representative of such deceased person after the property of the deceased has been ex- hausted.

jl^^ (3) Section 18 is amended by insertdng after the word " bond's" in the tenth line the word "morta:affes."''^3!l

Ss. 19, 21, 25 (4) Section 19 of The Execution Act i.= amended by insert- ing after the word "bond" in the second line the word "mort- gage" and section 21 of the said Act is amended by inserting

208

11

after the word "bond" in the third line the word "mortgage" ; and section 25 of the said Act is amended by striking out the word "such" in the second line and substituting therefor the word "any" and by inserting after the word "instrument" in the third line the words "seized under the provisions of this Act."

(5) Suibsection (1) of section 9 of The Execution Act is J.^^'s.T "i") amended by inserting after the word " writ " in the eighth amended, line the following words, " or any other writ by virtue of

which the goods of the execution debtor might be seized or attached."

(6) The Execution Act as amended by adding thereto the following section as section 9(i:

S^^ 9c^. Subject to the provisions of The Judicature Act and Rules of Court, lands and other heredita- ments and real estate, belonging to any person indebted, shall be liable to and chargeable with all just debts, duties and demands of what nature or kind soever, owing by any such pertson to His Majesty, or to any of his subjects, and shall be assets for the satisfaction thereof, and shall he subject to the like remedies, proceedings and process, for seizing, selling or disposing of the same, towards the satisfaction of such debts, duties and demands, and in like manner as per- sonal estate is' seized, sold or disposed of. ""^1

35. — (1) Section 10 of The Administration of Justice lOKdw.vu.. Expenses Act is amended by striking out the figures " 32 "amended, in the first line thereof.

(2) Section 21 of The Administration of Justice Expenses J^ fi^'^'g.™' Act is amended by adding thereto the following subsection : — amended.

(3) The Chairman of the Board of Audit shall have the power of summoning before the Board any per- son and of requiring him to give evidence on oath, and to produce such documents and things as the Board may deem requisite to the full in- vestigation of suc'h accounts and demands, and for that purpose shall have the same power to enforce the attendance of any person and to compel him to give evidence and produce docu- ments and things as is vested in any court in civil cases. 8 Edw. VIL. c. 37, s. 1.

36. Section 3 of The Married Women's Property Act is J^fg^s^l'^' amended by adding thereto the following subsection: — 2M

12

(3) Where any freehold hereditament is vested in a married woman as a bare trustee, she may convey or surrender the same as if she were a feme sole, and without 'her husband joining in the conveyance.

lOEdw.vii. 37_ Subsection (2) of section 16 of The Mechanics and amended. ^'(ig<i Earners' Lien Act is amended by striking out the

figure "5" in the third line and substituting therefor the

figure "6."

10 Edw. VII.. c. 32, s. 74, amended.

38. Section 74 of The Division Courts Act is amended by striking out the words " unless and until " in the third and fourth lines and substituting therefor the word " where."

10 Edw Vli c. 30, 9 >^ amendpd

39. Section 28 of The County Courts Act is amended by inserting after the word " forfeitures " in the fifth line the words "but shall not have the power to remove a trustee or to appoint a new trustee under The Trustee Act."

I'fhi^B^ll 40. Section 26 of The Estates Tail Act is amended by amended inserting at the end of the third line the words " from or within."

41. The Mercantile Law Amendment Act is amended by adding thereto the following section: —

10 Edw VII. e. 63

amended

(a) Stipulations in contracts as to the time or other- wise which would not before the passing of The Ontario Judicature Act, 1881, have been deemed to be or to have become of the essence of such contracts in a Court of Equity shall receive in all courts the same construction and effect as they would prior to the jiassing of that Act have received in equity. R.S.O. 1897, c. 61, 6. 58 (Y).

(5) Part performance of an obligation either before or after a breach thereof when expressly accepted by the creditor in satisfaction, or rendered in pursuance of an agreement for that purpose, though without any new consideration, shall be held to extinguish the obligation. R.S.O. 1897, c. 51, s. 58 (8).

9 Edw. VIl.. c. 37b, s 16 amended.

42. — (1) Section 16 of The TAirmcy Act is amended by adding thereto the following clause: —

208

13

(I) Give consent to the transfer or assignment of a lease where the consent of the lunatic to the transfer or assignment thereof is requisite.

(2) Subsection (2) of section 10 of The Lunacy Act is amended by striking out the figures and word " 2 and 3 '" in the second line and substituting therefor the figures and word " 3 and 4."

43. J^= Chapters' 5, 31, 34, 35, 50, 58, 72 and 159 of «-«-^'g " •■• the Revised Statutes of Ontario 1897, and the Act passed 'epeaiea in the 63rd year of the reign of Her late Majesty Queen Victoria, Chaptered 9, and Chapter 10 of the Acts passed in the 1st year of the reign of His ]ate Majesty King Edward the Seventh are repealed.''''^

J^^ 45, — (1) With the consent of the Lieutenant-Gov- Transmis- emor-in-Council and on such terms as' he may see fit any electricity Company authorized to supply electrical power or energy orJ^j^¥^'j^s compressed air or both may from time to time construct, ^"'d enter-

.. , ^ . . ,. ..,. ' ing on lands

maintain and operate transmission lines, air pipe lines, sub- without stations and other conveniences' for the transmission of elec- of owner, trical power or energy or compressed air or both in and through any mining division and for any of such purposes may enter upon, take and use any mining lands or any privi- lege or easement required by such company for such pur- poses' without the consent of the o^vner thereof but subject to the payment of such compensation or annual rent for the privilege or easement required, and authorized as may be determined by tte Lieutenant-Governor in Council, and the Lieutenant-Governor in Council may from time to time re- voke or vary the terms upon which anv ri^ht conferred undf r the authoritv of this section mav be exercised. """^SS

(2) This section shall not come into force until a day be named in a Proclamation of the Lieutenant-Governor in Council. "'^S

46. Subsection (1) of section 12 of The Aqriailtvral'^^'^;^'^-^}^' Societies Act is amended by striking out the words and amended. fijTures "(2) A Society which expends any of its funds for

anv purpose of" in the Ifit'h and 17th lines, and substitntinir therefor the following "(c) By."

47. Clause (h) of section 91 of The Bemfry Art i? J.^ fo^.'^g.^"; amended bv strikincr out all the words after the fifmres "20" clause '{h),'

, - .. J,, "TT -i. ..1. 1 amended.

m the f)tn line of the said clause, and msertinjr m lieu thereof the words "up to 100 lots, and a fee of two cents for each lot in excess of 100."

208

14

10 Ed^. vn. 48. Clause (/) of section 22 of The County Courts Act is amended. amended by inserting- after the word "liens" in the 3rd line

the words ''with or without a claim for delivery of possession

or payment or both."

10 Edw. VII., 49. Section 24 of The Agricultural Societies Act is hereby amended. ' amended by adding the following subsection:

(2) If the Superintendent on or before the thirty- first day of December in any year receives proof by the joint affidavit of the President and Sec- retary or Secretary-Treasurer that rain or snow has fallen at the place of holding an ej^ibition and before three o'clock in the afternoon on any day of tte holding of an exhibition, and upon his being satisfied that as a consequence the gate re- ceipts were less than the average of the previous three years of holding the exhibition, the society shall be entitled to receive a grant equal to one half of the difference between the gate receipts of the current year and the average of the gate re- ceipts df the previous three years, but the amount to be paid shall not exceed three hundred dollars, and the total amount so paid to 'all societies sihall not exceed ten thousand dollars'.

lOEdw. VII.. 50. Subsection (1) of section 3 of The Agricultural As- <i). sociations Act is amended by adding thereto the following

words "The Ontario Plowmen's Association."

c. 9. s. 21 " 51, Section 2f of Tlie Supplementary Revenue Act, 1907, amended. -^ gj^gijf]g(| }yj adding thereto the following subsection :

(6) i^^ When any such certificate has been or shall hereafter be registered, '^^E The Registry Act shall cease to a])ply to the land affected thereby, and the Registrar shall in his abstract index in red ink note the fact.

235,' s. 3 ' 52. — (1) Section 3 of The Municipal Watenvorlfs Act is

amended by inserting after the word "necessary," in the fourth line, the following words : " or to appropriate."

c. 235, s. 4 (2) Section 4 of The Municipal WaterworJcs Act is

amended. amended by inserting after the word "waterworks," in the

sixth line, th© following words: " or of protecting the same or

for the purpose of preserving the purity of the water supply,

and may appropriate such parts of the said lands."

County of

TTjggQx ft, rid _^

city of 53. The Corporation of the County of Essex and the Cor-

may make poratiou of the City of Windsor may enter into an agreement

for^p™vhJ- for providing and maintaining suitable accommodatioh in

fof c?dwn ^■^^ ^^^y ^f Windsor for offices for the Crown Attorney, Local

officers. 208

15

Master and Local Registrar of the High Court, and chambers and offices for the County Judges and for other officers con- nected with the administration of justice in the county, and either of such Corporations may acquire by purchase, lease or otherwise in the City of Windsor the necessary land or land and buildings for such offices, and may erect buildings and furnish and maintain the same for all or any of such pur- poses, and may pass by-laws for borrowing money by the issue of debentures, payable within 30 years from the date of the issue thereof, to pay the cost of such land and buildings, without obtaining the assent of the ratepayers.

54. Section 8 of The County Judqes Act is amended bySEdw. vii., ding thereto the following vided by Order in Couiicil."

adding thereto the following words : '' unless otherwise pro- amended '

55. Subsection 1 of section 7 of The Public Schools Act'^^J^^]^^^ is rei^ealed and the following substituted therefor : amended.

'7. — (1) Tihe school year shall consist of two terms, the first of wMch shall begin on the 1st day of September, and shall end on the 22nd day of December, and the second of which shall' begin on the 3rd day of January, and end on the 29th day of June.

Subsection 3 of section 32 of The Public Schools Act is amended by adding at the end tliereof the words: "nor to the lands of non-residents, nor to the lands of residents in the section who have no children of school age."

Subsection 2 of section 52 of The Public Schools Act is amended by striking out the words " by the Council " in the last line of the subsection and inserting in lieu thereof the words "by the judge of the county or district Court of the county or district in which the school is situate, tlie inspector, and one other person to be named by them, wliose direction or the direction of a majority of them as to tlie disposition of the assets shall be carried out by the council."

Subsection 1 of section 53 of 'The Public Schools Act is amended by inserting after the word "forenoon," in the -Ith line, the words "or if the Board by resolution so directs at the hour of seven o'clock in the afternoon."

Section 54 of The Puhlic Schools Art is amended by add- ing thereto the following subsection :

(5a) When the meeting is 'held at seven o'clock in the evening, tbe ratepayers nuiy decide, by resolu- tion, that the poll shall be conducted forthwith 208

16

or at ten o'clock on the following morning; and conducted in the evening the poll to-ihall close after ten minutes has elapsed without any vote being recorded.

The Public Schools Act is amended by adding thereto the following section:

71a. — (1) The Board of Education or Board of Pub- lic School Trustees in any city may agree with the Board of Public School Trustees of a school section adjacent to the boundaries of the city for the erection, equipment and maintenance of a school in the school section for the joint accoiu- modation of pupils from the school section, and from any designated area in the city contiguous to the section:

(2) The agreement shall fix the location of the school, the class of building to be erected, the acconnno- dation to be provided and the proportion of the cost of erecting and maintaining the school to be contributed by the city and the rural school sec- tion respectively.

(3) The Board of Education or l>oar(l of Public School Trustees of the city shall include in its annual estimates an amount sufficient to pay its proportion of such cost, and the same shall be levied, collected and paid over by the corpora- tion of the city as part of the rate levied for pub- lic school purposes in the city.

(4) The agreement shall not be bindiuig or }w acted upon until it has received the approval in writ- ing of the Minister.

(5) If after the agreement has been entered into, the, rural school section or the part thereof in which the school is situate is annexed to the city, the school site and buildings and property used in connection therewith shall vest in the Board of Education or Board of Public School Trustees of the City, and all payments made by such Board towards acquiring a site, erecting build- ings, or making permanent improvements, shall be taken into consideration in fixing the amount to be paid by the Board for the school.

(6) The Minister may make regulations in the man- ner provided by The Education. Department A ct,

208

17

for the apportioiinient of the legislative and muni- cipal grant in the case of schools to which this section applies, and may fix the proportion which shall be paid on account of any snch school, out of the Legislative grant for rural and urban schools respectively, and the pro])ortioii of the munici])al grants to rural schoals which shall be paid on account of such school.

56. Subsection 2 of section 4!) of The High Schools Act is The Hi^^

111 -1 • n 1 11 '• /• 1 -.Schools Act

amcnued by strikiiMi out all the woi'd:- tiiereii) after the word amended.

"physician" at the end of the fourth line, and inserting in lieu thereof the words ''or in a ease of acute inflammatory condition of the teeth or g-ums by a licentiate of dental sur- gery but the period of four weeks may in any case of sick- ness be allowed, and extended, ai the ]j!easure of the Board Avithout a certificate."

Subs('cti(jn 2 of section 49 of Tlie High Schools Act is amended by striking out all the words therein after the word "physician" in the fourth and fifth lines, and inserting in lieu thereof the words "or in a case of acute inflammatory condition of the teeth or gums by a licentiate qf dental sur- gery, but the period of four weeks may, in any case of sick- ness, be allowed and extended at the pleasure of the Board without a certificate."

The High Schools Act is amended by adding thereto the following section:

44a (1) Subject to the regulations the Minister may establish an examination for entrance to the Middle School of the High Schools for those who have completed the course prescribed for the Lower School of the High Schools, and such examinations shall be kno^ATi as "The Senior High School Entrance Examination."

(2) After the establishment of such examinations the Entrance Examination provided for by section 44, shall be knouTi as "The Junior High School Entrance Examination."

Clause (h) of subsection 1 of section 46 of The High Schools Act is amended by striking out the words "the in- spectorate in which the high school is situate" in the second and third lines, and inserting in lieu thereof the words "an inspectorate in which a high school centre or attached county centre in situate."

208

The Boards i Q

of Educa- -Lo

tion Act amended. _ /not

57. — (1) iSubsection 3 oi section 4 of The Boards of Education Act is repealed, and the following is substituted therefor :

; i

(3) The Council shall, at the iiext succeeding muni- cipal election, submit to a \ote of the electors, the question : "Are you in favour of the forma- tion of a Municipal Board of Education," and V m case the question is answered in) the affirma-

tive by a majority of the electors voting thereon, the elective members of the Board shall be elected at the next ensuing municipal election, and the members to be appointed shall thereupon be ap- pointed and the Board organized in accordance with the provisions of this Act.

(2) Subsections 1 and 2 of section 11 of The Boards of Education Act are repealed and the following substituted therefor :

(1) The Minister shall, from time to time, deter- mine the number of inspectors to be appointed by a municipal board in any city or separated town.

of Educa- 58. — (1) The clause lettered (a) in subsection 1 of sec-

amended, tion 21 of The Boards of Education Act is repealed, and the following substituted therefor :

(a) Make such modifications of the school courses prescribed for the high, industrial, technical, and arts schools under its jurisdiction as it deems expedient.

I

(2) The clause lettered (c) in. the said subsection is amended by inserting after the word "technical" in the second line, the words "industrial art."

Tt^e Truancy 59^ Section 7 of The Truancy Act is amended by insert- amended, ing therein the following subsection :

(5a) The Board of School Trustees of a school sec- tion in territory without municipal organization may appoint a truant officer for the section.

208

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No. 309. 1911.

BILL

An Act to amend the Power Commission Act.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

1. This Act may be cited as The Power Commission Short tme. Amendment Act, 1911.

2. In this Act

(a) "Highway" shall include street, lane, road, square interpreta- or other public passage, and "Highways" shall ^ay.'"™^^' have a meaning corresponding to that of high- way.

• (&) "The Commission" shall mean The Hydro-Electric ^he^Jom- Power Commission of Ontario.

(c) "Works" shall include wires, pipes, poles, conduits, "Works."

ducts and other fixtures, appliances or apparatus.

(d) "Corporation" shall mean and include a municipal 'Po^'pora-

corporation or any Board or Commissioners, in- corpoated or unincorporated, acting on behalf of a municipal corporation or of the inhabitants of a municipality, and an incorporated company.

3. — (1) Where a corporation has constructed or desires ^^Pj^°^![.^^^^_ to construct works for conducting, furnishing or distributing in& works

,..»,.,, ^ . T of the Com-

electricity lor light, heat or power purposes, m, under or up- mission, on any highway, or part of highway, in, under or upon which any other corporation has already constructed and has works for the like purposes, or any of them, upon the application of the first mentioned corporation and after notice to the other and hearing any objections which it may make, the Commis- sion may, if it is of opinion that the location and mode of construction of such works are proper, approve of the same;

209

2

Approval upon con- ditions.

and all works which such first mentioned corporation has constructed or may thereafter construct, the location and mode of construction of which have been so approved, shall be deemed to have been constructed under statutory authority and to be lawfully constructed and may be maintained and operated by such corporation without its incurring any lia- bility to any other corporation in respect of the construction, maintenance or operation of such works, except that provided for by section 4, any statute or law to the contrary notwith- standing.

(2) Such approval may be given subject to such condi- tions as the Commission may deem necessary to prevent in- jury to the works of the other corporation, or to such other corporation and its servants and workmen, in maintaining, repairing and operating them.

Insulation. (3) Where the Commission is of opinion that it is neces- sary or expedient, in order to prevent danger from contact between the wires of two corporations, or from any other cause, that insulators or other appliances should be affixed to the poles of either corporation, or that the wires of either of them should be attached to such insulators or other appli- ances, the Commission may authorize or direct such insula- tors or other appliances to be so affixed, and such wires to be so attached in such manner as the Commission may deem best calculated to prevent such danger; and anything done by either corporation pursuant to such authority or direc- tion shall be deemed to be lawfully done.

Work to be done at expense of initiating corpora- tion.

Powers exercisable from time to time.

(4) Anything authorized or directed to be done under the provisions of subsection 3 shall be done at the expense of a corporation constructing the works in a locality in which works have already been constructed by another corporation, and under such supervision as the Commission may direct.

(5) The powers conferred by this section may be exer- cised from time to time as occasion may require.

Application (6) The provisions of this section shall apply to works already of a Corporation constructed before the passing of this Act.

constructed.

Claims for damages by one corpora

4. — (1) If any damage or injury is done to the works of a corporation or any of them, or is occasiojied in the main- another!^"^^ tenance or operation of them by reason of the works of an- other corporation, or any of them, being constructed or oper- ated in closer proximity to the works of such first mentioned corporation than, but for the provisions of section 3, would have been lawful, no action shall lie in respect thereof, but the corporation doing such damage or injury shall make due

209

compensation therefor, and any question or dispute as to such damage or injury having been so done or occasioned, or as to the amount of the compensation, shall be determined by arbitration, and the provisions of The Consolidated Muni- cipal Act, 1903, with respect to arbitration in the case of •claims against municipal corporations shall apply mutatis mutandis to the procedure upon an ai^itration under this section.

(2) The corporation claiming damages shall, within one Notice of month after the expiration of any calendar year, in which it claims that any such damage or injury has been so done or occasioned, give notice in writing to the other corporation of its claim and of the particulars thereof, and upon failure to do so the right to compensation in respect of the damage or injury done or occasioned during that year shall be for- ever barred.

5. Where the location and mode of construction of any Approval works of a corporation which have been constructed hef ore °fo?^af ta the passing of this Act are approved by the Commission under pleaded, the provisions of section 3, the approval of the Commission

may be set up in and shall be available as a defence to any action now pending to the same extent and with the same effect as if such action had been commenced after the passing of this Act, and the giving of such approval ; and where it is so set up, the plaintiff shall be entitled to discontinue the action, and, if he does so, to be paid his costs of it by the defendant.

6. The Commission shall have exclusive jurisdiction n? Exclusive to all matters in respect of which authority is, by this Act. of com- con:Cerred upon it, and nothing done by the Commission '"'^^*°"- within its jurisdiction shall be open to question or review

in any action or proceeding or by any Court.

7. "No Court shall have authority to grant, or shall grant Jurisdiction an injunction, or other order, restraining, either temporarily ousted.

or otherwise, the construction, maintenance or operation of any works, the location and mode of construction of which have been approved by The Commission if the same are be- ing, or have been, constructed in the place and according to the mode which have been so approved.

209

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No. 210. 1911.

BILL

An Act respecting Little Nipissing Silver Cobalt Mining Company, Limited.

WHEREAS Little ISTipissing Silver Cobalt Mining Com- Preamble. pany, Limited, a Company duly incorporated under the laws of the Province of Ontario, has an authorized capi- tal of one million five hundred thousand dollars ($1,500,000), divided into one million five hundred thousand (1,500,000) shares' of the par value of one dollar ($1.00) each; and whereas the amount of such capital stock authorized by the Shareholders or Directors to be issued is one million two hundred and fifty thousand dollars ($1,250,000) ; and where- as at a Special General Meeting of the Shareholders of the said Company, held on the 24th day of February, 1911, a Report of the auditors' of the Company was presented to the Shareholders, from which it appeared that certificates in excess of the said amount of one million two hundred and fifty thousand ($1,250,000) dollars had been issued without any legal authority, to the extent of more than six hundred • and forty-four thousand two hundred and forty-four dol- lars ($644,244), and it further appeared that owing to the incomplete and mutilated condition of the stock books of the Company, it was' impossible to determine the exact amount of such overissue, and also impossible to distinguish between certificates of stock issued with authority and those issued without authority; and whereas it is essential in order that the business of the Company may be carried on and con- tinued, that the capital stock of the Company should be placed upon a legal basis, and it is desirable that this should be done without exonerating in any respect from liability those responsible for or in connection with the unauthorized issue of stock; and whereas' at the said meeting of Shareholders a resolution was unanimously passed instructing the Direc- tors to forthwith apply to the Legislature of the Province of Ontario for an Act increasing the capital stock of the Company to three million dollars ($3,000,000), and provid- ing that present holders of certificates should, within ninety days (or such other time as the Legislature may fix) after 2)10

the last publication of such, notice or advertisement as may bo required bj the Legislature, surrender the certificates now held by them and receive in exchange therefor new cer- tificates, and that certificates not surrendered within such period shall cease to entitle the holder to any rights as against the Company, and that such stock as may not be required for the purpose of redeeming outstanding certificates be reserved as Treasury Stock, and be disposed of by the Direc- tors for the purpose of furnishing capital for the operation of the mine, and that the Directors be specially instructed to provide in the said Act that nothing therein contained or done thereunder should in any way release or exonerate from responsibility or liability any present or former Officer or Director of the Company or any other parties whatsoever from any liability to the Company which they would have been under but for the passing of the said resolution and of such proposed Act; and whereas the said Little Nipissing Silver Cobalt Mining Company, Limited, has by its Petition prayed that an Act may be passed in accordance with the terms of the resolution of the shareholders above set forth; and whereas it is expedient to grant the prayer of the said Petition ;

Therefore His Majesty, by and with the advice and con- sent of the Legislative Assembly of the Province of Ontario, enacts as follows: —

Increase of capital stock.

1. The capital stock of the said Little ^Nipissing Silver Cobalt Mining Company, Limited, be and the same is here- by increased to three million dollars ($3,000,000), divided into three million (3,000,000) shares of the par value of one dollar ($1.00) each.

Certificates of stock to be sur- rendered to secretary within 90 days.

2. All holders of certificates of stock in Little ISTipissing Silver Cobalt Mining Company, Limited, shall, within ninety days' after the last publication of the advertisement herein- after directed, deliver or transmit to the Secretary of the Company the certificates of stock so held by them, and shall thereupon become entitled to receive from the Company new certificates for the like amount of stock.

"Non-sur- 3. Certificates of stock not surrendered within the said

certificates, period of ninety days, or such further time as the Lieutenant- effect of. Governor may order, shall cease to entitle the holder thereof to any interest in or rights against the Company.

Publica- tion of notice.

4. The Company shall publish a notice setting forth the effect of the provisions of this Act with reference to the sur- render of stock, three times in a daily newspaper published

210

3

in eacli of tlie following places, namely: Toronto, Montreal, New York, and Ciiicago, with an interval of two weeks be- tween each publication in each such newspaper.

5. The balance of the shares of the capital stock not re- issue of quired to redeem the outstanding stock certificates may be discount, issued by the Directors at such discount as they shall deem proper.

6. ]!^othing herein contained or done hereunder shall in officers of any way release or exonerate from responsibility or liability not re- any present or former Officer or Director of the Company or from any other person whatsoever from any liability which they ^*^^"^*^" would have been under but for the passing of this Act.

7. This Act shall not come into force until a day to Tt>e ^ct \o^*^*" named by the Lieutenant-Governor by his proclamation in take effect, that behalf.

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No. 211. 1911.

BILL

An Act to amend The Ontario Railway and Municipal Board Amendment Act, 1910.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario,

enacts as follows: —

The Ontario Railway and Municipal Board Amendment lOEaw.vn.. Act, 1910, is amended by adding thereto the following sec- amended, tions :

"11. All tracks, switches, additional lines and extensions Tracks,

STVitcIlGS

of existing lines which are, have been or shall be hereafter etc., to be constructed and operated by a street railway company inbl^buiit*° pursuance of an order of the Board, shall nevertheless he agreement deemed to have been constructed under the authority, and ^^^pa^^y shall be subject to all the provisions of the Agreement be- tween the company and the corporation of the municipality, or the By-law of the council thereof, by which authority to construct the railway was conferred upon the company.

"12. It was not intended by the said Act to confer, and it ma"*not did not and does not confer upon the Board power or permit

, . -^ ., •"■ company

authority to require or to permit a railway company, or a to construct street railway company, without the consent of the corpora- contem- tion of the municipality, to construct or lay down within ^g^g^^ent. the municipality more tracks or lines than under its agree- ment with the corporation or the By-law of the council of the corporation of the municipality by which authority to construct the railway upon any such street or highway or part of a street or highway was conferred it has authority to construct or lay down, but the agreement or By-law shall govern as to the number and location of the tracks and tho streets or highways upon which the railway may be con- structed."

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Ko. 212. 1911.

An Act for granting to His Majesty certain sums of money for the public service of the financial year ending on the 31st day of October, 1911, and for the public service of the financial vear ending the 31st day of October, 1912.

Most Gracious Sovereign :

WHEREAS it appears by messages from His Honour Preamble. John Morison Gibson, Lieutenant-Governor of the Province of Ontario, and the estimates accompanying the same, that the sums hereinafter mentioned in the schedules to this Act are required to defray certain expenses of the public service of this Province, not otherwise provided for, for the financial year ending on the 31st day of October, 1911, and for the financial year ending the 31st day of .October, 1912, and for other purposes' connected with the public service ; May it therefore ploaf^e Your Majesty that it may be. enacted, and it is hereby . enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, as follows :

1. Prom and out of the Consolidated Revenue Pund of $3,361,555.16 this Province, there may be paid and applied a sum notfear ^end?ng exceeding in the whole three million three hundred and sixty- igfi/^^'^"^^'"' one thousand five hundred and fifty-five dollars and sixteen

cents, towards defraying the several charges and expenses of the public service of this Province not otherwise provided for, from the first day of l!Tovember, 1910, to the thirty- first day of October, 1911, as set forth in Schedule "A" to this Act.

2. Prom and out of the Consolidated Revenue Pund of $g,090,.9ii.66 this Province, there may be paid and applied a sum not f x- |^^i*^ear ^ reeding in tbe whole eight million and ninety thousand nine^^^^-^^. hundred and eleven doHlars and sixty-six cents, towards de- fraying the several charges and expenses of the public ser-

212

Accounts to be laid before Assembly.

Appropria- tions for 1910-1911 unexpended, to lapse.

Appropria- tions for 1911-1912 unexpended, to lapse.

Accounting for expend! tare.

vice of this Province, not otherwise provided for, from the first day of Kovember, 1911, to the thirty-first day of October, 1912, as sot forth in Schedule "B" to this Act.

3. Accounts in detail of all moneys received on account of this Province during the said financial year 1910-1911, and of all expenditures under 'Schedule "A" of this Act, shall be laid before the Legislative Assembly at its first sitting after the completion of the said period ; and accounts in detail of all moneys received on account of this Province during the financial year 1911-1912 and of all expenditures under Schedule "B" of this Act, shall be laid before the Legislative Assembly at the first sitting after the completion of the said financial year.

4. Any part of the money under Schedule "A" appro- priated by this' Act out of the Consolidated Revenue, which may be unexpended on the thirty-first day of October, 1911, shall not be expended thereafter, except in the payment of accounts and expenses incurred on or prior to the said day; and all balances remaining unexpended after the said date or at such subsequent date as may be fixed by the Lieutenant- Governor in Council under the provisions of The Audit Act, as' amended by the Act passed at the last session intituled An Act respecting the Fiscal Year, shall on the first day of December following lapse and be written off.

5. Any part of the money under Schedule "B" appropri- ated by this Act out of the Consolidated Revenue, which may' be unexpended on the thirty-first day of October, 1912. shall not be expended thereafter, except in the payment of ac- counts and expenses' incurred on or prior to the said day; and all balances remaining unexpended after the said date or after a date fixed by the Lieutenant-G-overnor in Council as mentioned in section 4 shall on the first day of December following lapse and be written off.

6. The due application of all moneys cKpended under this Act out of the Consolidated Revenue shall be accrmnted for to His Majesty.

SOHEDTTLE "A."

Sums granted to His Majesty by this Act for the financial year ending on the thirty-first day of October, one thmi^nnd nine hundred and eleven, and the purposes for which tlioy are granted : —

213

3

CIVIL GOVERNMENT.

To defray the expenses of the several Departments at Toronto : —

Lieutenant-Governor's Office . . . $100 00 Office of the Prime Minister and

President of the Council 100 00

Attorney-General's Department. . 1,489 50

Education Department 1,000 00

Lands, Forests and Mines Depart- ment 7,136 92

Public Works Department 5,325 00

Treasury Department 1,800 00

Auditor's Office 1,900 00

Provincial Secretary's Depart- •

ment 13,033 00

Department of Agriculture 4,452 17

Miscellaneous 700 00

$37,036 59

LEGISLATION.

To defray expenses of Legislation $43,400 00

ADMINISTRATION OF JUSTICE.

To defray expenses of Administration of

Justice $43,900 33

EDUCATION.

To defray expenses of: —

Public and Separate School Edu- cation $70,369 88

Normal and Model Schools, To- ronto 1,486 33

ilSTormal and Model Schools, Ot- tawa 830 11

Normal and Model Schools', Lon- don 779 36

Normal School, Hamilton 350 00

Normal School, Peterborough . . . 850 00

Normal School, Stratford 510 05

Normal School, North Bay 305 66

High Schools and Collegiate In- stitutes 5,400 00

Departmental Library and Mus- eum 1,188 65

Public Libraries, Art Schools,

Literary and Scientific 3,235 89

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4

Technical Education $39,900 00

Provincial University 1,072 08

Maintenance Education Depart- ment and Miscellaneous 750 00

Institution for Deai and Dumb,

Belleville 2,220 00

Blind Institute, Brantford 650 00

$129,898 01

PUBLIC INSTITUTIONS^ MAINTENANCE.

To defray expenses of: —

Hospital for Insane, Brookville. $3,917 00

Hospital for Insane, Cobourg . . 2,110 00

Hospital for Insane, Hamilton. . 4,780 00

Hospital for Insane, Kingston. . 1,520 00

Hospital for Insane, London . . . 4,190 00

Hospital for Insane, Mimico ... 5,820 00 Hospital for Eeeble Minded,

• Orillia 9,235 00

Hospital for Insane, Penetan-

guishene 1,280 00

Hospital for Insane, Toronto . . . 5,030 00 Hospital for Epileptics, Wood^

stock 1,620 00

Central Prison, Toronto 450 00

Central Prison Industries 5,150 00

Mercer Reformatory, Toronto . . 3,350 00

$48,452 00

AQEICULTUEE.

To defray expenses of a grant in aid of Agri- culture $67,266 29

I,

COLONIZATION AND IMMIGEATION.

To defray expenses of Colonization and Immi- gration $32,027 75

STATIONARY ENGINEERS.

To defray expenses of Stationary Engineers. . $64 50

HOSPITALS AND CHARITIES.

To defray expenses of a grant in aid of Hos- pitals and Charities $39,300 00

212 ; ■■*'>' ■.#>

MAINTENANCE AND KEPAIRS OF GOVEBNMENT AND DEPARTMENTAL BUILDINGS.

Government House $5,278 60

Parliament and Departmental

Buildings 19,159 25

PUBLIC BUILDINGS.

Government House $50,000 00

Parliament and Departmental

Buildings 492,440 00

Osgoode Hall 39,486 81

Public Institutions: —

Hospital for Insane, Brockville. . 48,140 00

Hospital for Insane, Cobourg . . 1,800 00

Hospital for Insane, Hamilton. . 24,500 00

Hospital for Insane, Kingston. . 16,800 00

Hospital for Insane, London ... 38,500 00

Hospital for Insane, Mimico . . 17,000 00 Hospital for Feeble Minded,

Orillia 41,600 00

Hospital for Insane, Penetangui-

shene 8,200 00

Hospital for Insane, Toronto . . . 7,900 00 Hospital for Epileptics, Wood- stock 3,100 00

Central Prison, Toronto 102,100 00

Mercer Reformatory, Toronto . . 4,400 00

Educational : — N'ormal and Model Schools, To- ronto 8,155 31

Normal and Model School, Ot- tawa 2,465 00

IN'ormal School, London 600 00

l^ormal School, Hamilton 260 00

l^ormal School, Peterborough... 1,860 00

Normal School, Stratford 945 00

Normal School, North Bay 2,410 00

Deaf and Dumb Institute, Belle- ville 19,770 00

Institution for the Blind, Brant- ford 5,628 69

Ontario Agricultural College. . . . 14,570 00 Horticultural Experimental Sta- tion 4,347 21

Eastern Dairy School 1,602 15

Ontario Veterinary College 25,300 00

212 f»

$24,437 85

e

Colonization and Immigration

Buildings $25,11G 50

Children's Shelter 40 00

Districts : —

Mnskoka 865 60

Parrj Sound 122 20

Sault Ste. Marie 1,400 00

Thunder Bay 2,Y73 83

Rainy River 1,772 00

Nipi>-sing 4,434 78

Manitoulin 150 00

Sudbury 1,921 26

Kenora 16,870 06

Total Public Buildings $1,030,346 40

PUBLIC WORKS.

To defray expenses of Public Works $176,665 00

COLONIZATIOlSr AND MINING ROADS.

To defray expenses of Construction and Re- pair® $367,214 02

CHARGES ON CROWN LANDS.

To defray expenses on account of Crown

Lands $100,239 39

REFUNDS.

Lands, Forests and Mines $10,487 95

Land Improvement Fund 1,922 31

, Succession Duty 15,000 00

■ $27,410 26

MISCELLANEOUS EXPENDITURE.

To defray Miscellaneous Expenditure $1,184,896 77

Total Estimates for Expenditure of 1910-

1911 $3,361,555 16

SCHEDULE " B."

Sums granted to His Majesty by this Act for the financial year ending on the thirty-first day of October, one thousand nine hundred and twelve, and the purposes for which tbey are granted: —

212

CIVIL GOVERNMENT.

To defra}^ the expenses of the several Departments at Toronto : —

Lieutenant-Governor's Office . . . $4,V50 00 Office of the Prime Minister

and President of the Council 7,950 00 AttornejiGeneral's Department 66,330 00

Education Department 30,960 00

Lands, Forests and Mines

Department 144,800 00

Public Works Department Tl,985 00

Treasurer's Department 35,554 00

Auditor's Office 17,180 00

Provincial Secretary's Depart- ment 183,425 00

Department of Agriculture . . . 75,110 00 Factory Inspection Branch ... 23,090 00

Stationary Engineers 6,100 00

Miscellaneous 18,550 00

$685,784 00

LEGISLATION.

To defray expenses of Legislation $284,450 00

ADMINISTRATION OF JUSTICE.

To defray expenses of Administration of Jus- tice $730,191 66

EDUCATION.

To defray expenses of: — Public and Separate School

Education $1,045,000 00

^N'ormal and Model Schools,

Toronto 46,842 00

formal and Model Schools,

Ottawa 45,350 00

N"ormal School, London 25,765 00

N'ormal School, Hamilton .... 21,765 00 I^ormal School, Peterborough. 22,235 00

IsT'ormal School, Stratford 21,545 00

I^ormal School, l^orth Bay.. 25,520 00 High Schools and Collegiate

Institutes 159,100 00

Departmental Library and

Museum 19,378 00

Public Libraries, Art Schools,

Literary and Scientific .... 64,450 00 Technical Education 96,300 00

212 \

8

Superannuated Public and

High School Teachers $62,650 00

Provincial University and Min- ing S(Jhools 42,200 00

Maintenance Education De- partment and Miscellaneous 32,274 00

Institution for Deaf and

Dumb, Belleville 62,584 00

Blind Institute, Brantford . . . 43,900 00

$1,836,858 00

PUBLIC INSTITUTIONS MAINTENANCE.

To defray expenses of: — Hospital for Insane, Brockville $116,927 00 Hospital for Insane, Cobourg. 30,110 00

Hospital for Insane, Hamilton 175,907 00

Hospital for Insane, Kingston 120,713 00

Hospital for Insane, London. 168,190 00

Hospital for Insane, Mimico. . 108,370 00 Hospital for Feeble Minded,

Orillia 97,702 00

Hospital for Insane, Penetan-

guishene 70,045 00

Hospital for Insane, Toronto. . 160,952 00

Hospital for Epileptics, Wood- ^

stock 40,356 00

Central Prison, Toronto 75,490 00

Central Prison Industries 73,620 00

Mercer Reformatory, Toronto. 34,275 00

$1,272,657 00

AGRICULTURE.

To defray expenses of a grant in aid of Agri- culture $647,701 00

COLONIZATION AND IMMIGRATION.

To defray expenses of Colonization and Im- migration $100,200 00

HOSPITALS AND CHARITIES.

To defray expenses of a grant in aid of Hos- pitals and Charities \ $373,000 00

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MAINTENANCE AND EEPAIES OF GOVERNMENT AND DEPARTMENTAL BUILDINGS.

Government House $20,000 00

Parliament and Departmental

Buildings 111,850 00

$131,850 00

PUBLIC BUILDINGS.

Government House $200,000 00

Parliament Buildings " 190,000 00

Osgoode Hall 16,500 00

Public Institutions 128,600 00

Educational 9,300 00

Agriculture 55,800 00

Districts 38,0001 00

$638,200 00

PUBLIC WORKS.

To defray expenses of Public Works $70,200 00

COLONIZATION AND MINING ROADS.

To defray expenses of Construction and Re- pairs $133,000 00

CHARGES ON CROWN LANDS.

To defray expenses on account of Crown

Lands ' $610,550 00

REFUNDS.

Education $1,000 00

Lands, Eorests and Mines . . . 17,000 00

Miscellaneous 12,000 ,00

Succession Duty 36,000 00

$66,000 00

MISCELLANEOUS EXPENDITURE.

To defray Miscellaneous Expenditure $510,270 00

Total Estimates for Expenditure of 1911-

1912 $8,090,911 66

212-2