« PreviousContinue »
Transfer of Real Property
Tenant in tail may bar the entail
immediately after the delivery of such certificate become null and void, and the estate and interest of the said mortgagor, bis heirs or assigns in the hereditaments thereby charged, shall be the same as if no such instrument had ever been made.
4. And be it further enacted that from and after the passing of this Women tas pats Act any married woman may by deed, to be by her jointly executed
with her husband, pass and transfer as fully and effectually as by fine levied any estate, right or interest (including her title to dower) in or to any hereditaments within the said Colony or its Dependencies : Provided always that such married woman be of the age of twenty-one years at the time of such execution, and that such deed be by her executed in the presence of some Judge or Commissioner of any Civil Court of the said Colony, or before some Justice of the Peace of the said Colony, who shall previously examine her, apart from her said husband, whether she proposes to execute such deed freely and voluntarily, and without threats or compulsion on the part of her said husband, and which said Judge, Commissioner or Justice shall also endorse on such deed a certificate under his hand of such examination.
5. And be it further enacted that any tenant in tail, general or special, of any hereditaments within the said Colony or its dependencies may by deed, to be by him executed for that purpose in the presence of any such Judge, Commissioner or Justice of the Peace as last aforesaid, bar and extinguish such estate in tail, and pass and transfer all his estate, right and interest in or to such last-mentioned hereditaments as fully and effectually, to all intents and purposes, as if a fine with proclamation or a common recovery had been in due form levied or suffered respectively of such hereditaments; and such Judge, Commissioner or Justice shall endorse on every such last-mentioned deed a certificate under his hand that the same was executed before him.
6. And be it further enacted that any other estate, right or Any other in
interest in or to any hereditaments which by the laws and usage of property passed by a deed execu England can be passed or transferred by fine or recovery only may from
and after the passing of this Act (so far as relates to hereditaments situate within the said Colony) be passed or transferred by any deed purporting to be a transfer thereof, and executed and certified in manner aforesaid before and by any such Judge, Commissioner or Justice of the Peace as aforesaid, as fully and effectively, to all intents and purposes, as if a fine or recovery had been levied or suffered thereof.
7. [Repealed by 19 Vic., No. 3, s. 4.1 affecting land in this Colony,
GOVERNOR AND COMMANDER-IN-CHIEF. the Colony, in
terest in landed
ted as above
executed out of
SCHEDULE REFERRED TO BY THE ANNEXED ACT
FORM No. 1
between A.B. (Vendor) of of the one part, and C.D. (Purchaser), of
of the other part, witnesseth that in consideration of the sum of
pounds paid by the said C.D. to the said A.B. (the receipt whereof is hereby acknowledged), he, the
Transfer of Real Property
said A.B., doth grant, bargain and sell unto the said C.D., his heirs and assigns, all [here describe the parcels or lands or houses sold, their situation, the extent of the lands in acres by admeasurement or estimation, their boundaries, with a particular reference to the number and section of the land in the maps of the SurveyorGeneral's Office) and all easements, rights, privileges and appurtenances to the said hereditaments hereby bargained and sold in anywise appertaining; and all the right, title and interest of him the said A.B. in the said hereditaments, with the appurtenances; and all deeds and writings relating solely to the said hereditaments, now in the possession or power of the said A.B., to have and to hold the said hereditaments hereby bargained and sold, with the appurtenances, to the said C.D., his heirs and assigns for ever. And the said A.B. doth hereby for himself, his heirs, executors and administrators, covenant, promise and agree, with and to the said C.D.,
his heirs and-assigns, that he the said A.B. now hath in himself good right to bargain and sell the said hereditaments, hereby bargained and sold, with the appurtenances, unto the said A.B.,
and his heirs and assigns, in manner aforesaid, and that free from all claims, charges and incumbrances whatsoever. And moreover, that he the said A.B.,
his heirs or assigns, shall and will make and perfect all such further assurances as may be necessary for the more effectually or satisfactorily conveying the said hereditaments, hereby bargained and sold, with the appurtenances, unto the said (Pur. chaser), his heirs or assigns, as by the said (Purchaser), his heirs or assigns, or his or their counsel in the law, shall be devised or tendered to be executed : In witness whereof the said parties have hereunto set their hands and seals the day and year first above written.
C.D. (L.S.) Signed, sealed and delivered by the above-named E.F. A.B. and C.D. in the presence of
FORM No. 2 FORM OF MORTGAGE BY DEPOSIT OF TITLE DEEDS, ACCOMPANIED BY
A WRITTEN AGREEMENT, CONTAINING A POWER OF SALE Memorandum of an agreement made the
between (Mortgagor) of the one part and (Mortgagee) of the other part. The said (Mortgagor) for himself, his heirs, executors and administrators, in consideration of the sum of
this day lent and advanced to him by the said (Mortgagee), hereby agrees to deposit with the said (Mortgagee) the title deeds and writings mentioned in the Schedule hereunder written of certain lands and hereditaments of the said (Mortgagor), situate at
, by way of mortgage of the same hereditaments to secure the repayment of the said sum of
on or before the day of
next, together with interest thereon in the meantime after the rate of
for every one hundred pounds by the year, such interest to be paid half-yearly on the
in each and every year. And in case default shall be made in payment of the said principal sum of
on the said
day of any
of the said half-yearly instalments of interest, on days hereinbefore appointed for payment of the same (or, in case the interest payable on the said principal sum of
, after the rate aforesaid, shall be in arrear and unpaid for the space of twelve months, as the agreement may be), in either of the said cases it shall be lawful for the said
(Mortgagee), without any further consent or concurrence of the said (Mortgagor), to sell the said hereditaments by public auction (of which
days' public notice shall be duly given), and to convey and assure the same hereditaments, when so sold, unto the purchaser or purchasers thereof, in the same manner as if the fee simple of such hereditaments had been vested in the said (Mortgagee) by a bargain and sale or other instrument of transfer, and by and out of the proceeds of sale to repay and satisfy himself the expenses of such sale and the said principal sum of and all arrests of interest thereon (or, to repay and satisfy himself so much of such principat money and interest as shall then remain due), and to pay over the
Transfer of Real Property
surplus of such proceeds to the said (Mortgagor), his heirs or assigns. In witness
To be subjoined to the above-written agreement, containing a list of title deeds and writings deposited in pursuance thereof; a receipt to be taken by the Mortgagor from the Mortgagee of the title deeds or writings received by the latter.
Governor may order standing weights and measures to be kept
[Assented to 19th March, 1833.
measures have been frequently and fraudulently used through-
2. And be it further enacted that the persons so appointed as Keepers of standard weights, &c.
aforesaid to be keepers of standard weights and measures, shall prosame for inspec- duce the same at the place in which the same shall be directed to be
deposited as aforesaid, to any person or persons demanding an inspection
thereof at any reasonable hour or time for the purpose of comparing every weight or
the same with any other weights or measures ; and that it shall be pared
lawful for such keepers to demand and receive a fee of sixpence for
3. And be it further enacted that if any such keeper of standard
with all reasonable despatch, the weights and measures in his custody neglecting to
or any of them, to any person to whom such keeper shall be directed
tion; and to demand a fee of sixpence for
Weights and Measures
for the said Colony, or shall refuse or neglect to exhibit such weights or measures to any person demanding a comparison thereof at any reasonable hour, and tendering therefor the lawful fee hereinbefore made payable for such comparison, or shall neglect or refuse to exhibit such weights and measures without fee to any such Justice demanding an inspection thereof; then, and in any of the said cases, every such keeper for every such offence shall upon conviction forfeit and pay a sum not exceeding forty' shillings.
4. And be it further enacted that if any person entrusted either Keepers or others with the temporary or permanent custody of any standard weights ing weights or or measures, provided in pursuance of this Act, shall lose, destroy or measures to injure the same or any of the same, and shall refuse or neglect to replacemener repair repair or replace the same within ten days next after being required so to do, by the written order of any Justice of the Peace for the said Colony, it shall be lawful for the Justice making such order, to levy and raise by distress and sale of the goods and chattels of the person so neglecting or refusing as last aforesaid, a sum sufficient to replace or repair the weights or measures so destroyed or injured, together with the costs and charges of making such distress and sale; and such Justice shall cause the said sum to be forthwith paid over to the Colonial Treasurer to the use of His Majesty, his heirs and successors.
5. And be it further enacted that it shall be lawful for the said Governor to Governor or other officer administering the Government of the said appoint esami: Colony to appoint at any time after the first day of May next by and measures warrant under his hand and seal any number of fit and proper persons who shall have power individually to examine all weights, balances and measures within the said Colony, in manner hereinafter provided ; and that it shall be lawful for such examiners, and they are hereby Such examiners required (having been first sworn by some Justice of the Peace for the to search for said Colony, duly and faithfully to execute the office in them reposed and measures by such appointment and by this Act), as often as any such Justice See 18 Vicio shall direct in writing, to enter in the day time into any mill or any shop, store-house or out-house, where any kind of goods or wares, dry or liquid, are or shall be usually sold; and then and there to search for, view and examine all weights, balances and measures, and to May seize and seize any weights or measures there found, not being according to
ficient weights, such standard, or any false balance there found, and to detain the &c., and must same ; and such examiners shall forthwith lay information of any such lay information finding before some Justice of the Peace; and the person or persons in whose shop, store-house or out-house or apparent ownership any Persons having
deficient weights, deficient weight or measure or false balance shall be so found, shall upon conviction thereof forfeit all such deficient weights or measures or false balances; and shall also forfeit and pay
such deficient weight or measure or false balance, any sum not exceeding five pounds, and also all costs and charges of such conviction.
6. And be it further enacted that if any person shall wilfully Persons guilty of obstruct, hinder, resist, or in any wise oppose any such examiner as examiners aforesaid in the execution of his office, or if any person selling or retailing by weight or measure shall refuse to produce his or her weights, See 18 Vic., measures or balances when required so to do by any such examiner as aforesaid, every such person being thereof convicted, shall forfeit and pay for every such offence any sum not exceeding twenty pounds.
detain all de
No. 18, s. 2
Persons selling by deficient weights and measures
have reference to
7. And be it further enacted that if from and after the first day of May next any person shall wilfully and knowingly sell or attempt to sel]
any kind of goods or wares, dry or liquid, by a weight or measure not in accordance with such standard weights or measures as aforesaid or by a false balance and with intent to defraud any other person, every person so selling or attempting to sell, being thereof convicted, shall for every such offence, forfeit the deficient weight or measure or false balance so fraudulently used, and any sum not exceeding ten
pounds ; and also all costs and charges of conviction.
measures in his, her or their possession at the time of the passing of
and measures respectively.
May next, in any part of the said Colony for any work to be done or
this Act. Disposal of
10. And be it further enacted that all deficient weights and weights and
measures and false balances, seized and forfeited under this Act, shall
11. And whereas it is especially necessary to protect the poor from
any such frauds as aforesaid in the sale of bread, and the detection of
pounds: Provided always that no baker or retailer of bread shall be weighed within
liable for any deficiency in the weight of any loaf, unless the same forty-eight hours
shall be weighed in the presence of some Justice of the Peace, within
same was taken from such baker or retailer, reasonable allowance being Magistrate may
made for the drying of the bread : Provided also that it shall be lawful make reasonable for the Justice who shall hear any information for selling loaves small deficiencies contrary to the provisions of this Act, to make reasonable allowance of weight for any small deficiency of weight which shall appear to him fairly
attributable to accident, negligence of servants or any other cause than
Bakers' loaves of
Loaves to be