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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

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.

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-

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

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.

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;

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.

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

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.

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.

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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 ^-

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

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." ^'" *

(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.

(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.

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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.

TT) p c p T* t g ^

(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

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) ^

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.

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.

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

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

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

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: —

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
^

ownship,
city, town,
etc.

2: .

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

m o

*Sb'-3

.28
** o

icul
cer
its,

o
1

Parties.

er part
iectof
affidav

lars of
n certi
sed.

o
«

5 w

ny oth
or sub
cates.

articu
tratio
endor

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.

Date of
deposit.

d
o

v. <=3

Parties.

Particulars of registration
in your registry division.

*S
o

Township,
city, town,
etc.

d
o

o t

d
o

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.

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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^^''

(t)

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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.

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

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.

(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.

(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

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.

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,

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.

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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 ;

{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-

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 : —

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.

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.

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.

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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.

(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

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

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;

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

(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

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

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

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.

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,

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

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

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.

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.

(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

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

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.

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.

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,

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.

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.

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.

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.

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

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.

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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;

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 ;

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

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

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

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.

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,

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

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;

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

bachelor, widower, spinster or widow, and

^"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

guinity.

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.

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.

(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

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

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 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, 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.

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

(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

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

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

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.

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.

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

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.

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.

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.

Si.

>■ ■ a-

8 §
B

!2<

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.

crq

Oi
g

t3d

I— I

(T> Q

CO
ox

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.

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

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

(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

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 ;

(/) 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 ;

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

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.

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.

(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.

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

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

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

(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

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.

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

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.

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

(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

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

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

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.

(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«

(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

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-

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

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-

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).

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

(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

(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.

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.

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

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

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

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

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.

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, ^^^

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

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;

(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 ;

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""

plan.

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

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.

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.

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

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

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

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

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

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

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

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.

(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;

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

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

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.

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

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

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

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

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.

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

(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

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.

• 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

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

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 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

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.

(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.

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-

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

(&) 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 ;

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.

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 ;

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

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.

(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.

(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)

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

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

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;

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 ;

(/) 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 ;

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

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.

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.

(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.

(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.

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.

VII. c. 60.

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

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

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

(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

(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.

^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

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 *

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.

(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

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«

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

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.

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.

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

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.

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.

(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.

(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

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.

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.

(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

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.

(4) The applicant shall deliver to the Master the original
lease or agreement or a copy thereof; and if the applica-

51.

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).

(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 "^^'"*^^**^'^'

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«

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).

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

(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.'

(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

(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.

(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.

(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.

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.

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

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

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.

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. #

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.

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

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

(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

Mounting
and filzo
of plan.

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.

(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;

(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 ;

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.

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 !>'*»•

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

(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.

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.

(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

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.

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

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

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,

(3) Where the Master under this section restores to the Restoration

. ,. . . T . , , of covenants

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

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

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.

(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

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).

(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

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

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.

(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

^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.

(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

(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;

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

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.

(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,

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.

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

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''^-

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;

8-96

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

(/) 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;

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

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

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. . ^ . "^ "^ ' . ^.

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.

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.

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.

(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.

(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.

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.

(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.

(()) 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.

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

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.

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.

«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

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.

(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.

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

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.

(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

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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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.

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

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.

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-

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.

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

(3) Leasehold land held under a lease containing an ab-
solute prohibition against alienation, shall not be registered.

(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 ;

(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

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;

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;

(/) 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 ;

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

(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.

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

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.

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:

(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 :

(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

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

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

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.

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

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.

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.

(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

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.

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.

(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

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

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.

(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

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»! "^

(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.

(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

Imp. 38 A 39
v.. c. 87. a.

(4) The applicant shall deliver to the Master the original
lease or agreement or a copy thereof; and if the applica-

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.

(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

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.

(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

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.

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.

?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).

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

(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. ' ^

(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.

(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^; <=• «'. *

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.

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.

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

»•

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

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.

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.

(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

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).

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.

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

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.

(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;

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 ;

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.

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

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

(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.

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.

(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

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

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

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.

(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

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

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.

(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

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.

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.

(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.

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

he claims who lie alleges was wrongfully deprived of land or
of some estate or interest therein. 3 Edw. VII., c. 12, s. 1.

(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

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.

..-.•■-.~«^JPJ(_

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$

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

<<»

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 ;

(^) 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

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

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

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.

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.

^ ~'"~"" 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.

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.

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

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.

"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.

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.

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.

(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

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.

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

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.'""""

5
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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.

(/) " 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, •

(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.

(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

(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;

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

(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

(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

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

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

(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

(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.

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.

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.

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.

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

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.

(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).

S-97

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.

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-

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

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

(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.

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

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

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.

4-97

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.

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

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.

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

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.

(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.

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-

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

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.

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.

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.

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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

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.

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.

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

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.

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; '^

{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

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

(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

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

(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

(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

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

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.

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.

(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

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

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

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

(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

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;

{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

(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

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

(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.

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

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

(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

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

(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

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

(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.

(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

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

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.

(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

(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 ;

(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

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

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

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

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)

(1)

first part

669

(1)

last part

669

(la) first part

669

(la) last part

6«d

(1&)

669

(2)
100

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)

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

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.

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.

(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;

(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;

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.

(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

, 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

(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

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

'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.

(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

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.

(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

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.

{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

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)

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 "

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;

(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

(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.

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;

(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

(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.

(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

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).

(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

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

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.

(4) The order shall have the same effect and may be
enforced in like manner as a peremptory mandamus.

(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 ;

(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

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.

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.

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

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.)

100

r
I

<ri-

l-l

h-t

<rt-

P-

P. P-

Ht»

£ p

50 50

P t>

>-t o

O 03

• rb

M p-

Q B.

<§•■

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 ;

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

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

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 ;

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

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

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

(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.

\{\-Z

1:0

s >

o -

r
>

; 3

« ^. S ^- ^

o ►^

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.

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 ;

{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

(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

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

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

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

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

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

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

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

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

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

(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.

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

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.

lOi

•-i

i-i.

>-t

at)

l-l

p--'

i2|
O

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.

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

(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

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.

iU4

i K.

! ^^

• b 1-^

i <§&

P-

t respect

aphic B

O £2.

i 2'

ing the 0
Reporters'
Ontarib.

CO ^

^s°s.

artered
Associa

e4-

•*

>-•

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.

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.

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

(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

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

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

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.

lOfi

B'
m

1—1

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t-l

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B-

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o

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.

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

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.

106

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«

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«

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

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

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.

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

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.

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

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.

106

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.

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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

County

Judge

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.

109

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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

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.

Ill

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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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,"

(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 .

(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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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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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."

114

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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.

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

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.

116

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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

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.

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.

188

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,

123

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.

123

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.

123

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.

123

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.

123

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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.

124

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.

124

(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.

114

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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.

124

(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.

124

(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

124

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.

124

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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.

•4

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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

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."

127

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IsTo. 128.

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.

129

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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.

130

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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;

(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

(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 ;

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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Ko. 132. 1911.

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;

{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

(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

(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.

•'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 ;

{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

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.*^"^^

132

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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

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.

133

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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.

134

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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

(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.

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-

U p(we.

h 136

(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.

135

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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.

136

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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

(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.

«>

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.

137

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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.

139

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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

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,

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.

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

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

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

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.

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

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

(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

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.

^ : . m

Fo«M 3.

DECLARATION OF COEONEB THAT INQUEST NECESSARY.

Province of Ontario

To wit

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

Coroner.

A Commissioner, etc.

Form 4.

WARRANT TO BUEY AFTER A VIEW.

Province of Ontario
To wit

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

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

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

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

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

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

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.

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

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. """^^

144

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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

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

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

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

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

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

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

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.

148

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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.

161

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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."

153.

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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.

154

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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

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.

(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.

156

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No. 157. 1911

BILL

An Act to amend the Ontario Telephone Act, 1910.

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 (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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m. 161.

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."

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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Ko. 162. 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) 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."

164

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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.

166

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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

2 *

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.

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"*^*"

{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 . .

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. '

16»

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I

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

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

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

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

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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Ko. 173. 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. 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.

176

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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

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

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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M.Cf55

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 .. . .._^--.

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

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

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

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.* "'

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.

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 ;

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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Ko. 181. * 1911.

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.

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.

l»l

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.

•

(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 ;

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

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

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.°

183

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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.

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.

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.

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;

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.

196

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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

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.''''^^

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.

186

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olves.

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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

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.

186

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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«^

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.

187

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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;

(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

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."

189

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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

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.

"(6) If the amount of the claim or the part of it which
is contested exceeds $200, an order of the Judge
189

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."

189

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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.

190

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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.

{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

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.

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

l&O

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.

190

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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.

191

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, 1911.

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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: —

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.

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-

192

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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.

193

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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

■«%v

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.

196

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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

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.

196

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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

196

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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."

197

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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.

199

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.

200

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H^o, 201 1911.

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 ;

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

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.

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29.40

$179,132

$15,690

Dundas . .

. 600

17.33

82,160

2,892

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41.215

102,941

6,769

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3,066

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29.25

42,437

2,501

203

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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.

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.

204

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.

204

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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 ;

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

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.

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

{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;

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.

20!:

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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.
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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."

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.

207

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Xo. 208. 1911.

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

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

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

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,.

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

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

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

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

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.

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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

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

(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,

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.

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

(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

(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

(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

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

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

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

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

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.

(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.

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

Approval
upon con-
ditions.

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.

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.

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

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."

211

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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

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

212

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

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

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 \

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

212

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

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Full text of "Bills, 1911, No.85-212"

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