"You swear that you will well, truly and faithfully perform and execute the The oath. "office and duty that is directed and required by any Act of the Legislature of “this Province, in registering Deeds, Memorials of Deeds, Conveyances and Wills "within the County of so long as you shall continue in "the said office, and that you have not given or promised, directly nor indirectly, "nor authorized any person to give any money, gratuity or reward whatsoever, " for procuring or obtaining the said office for you: So held you God."

XXVI. And be it enacted, That when and so often as the said Register shall Deputies to bo appoint any Deputy to execute the said office, such Deputy shall, before he enters sworn. upon the execution thereof, take the said oath appointed to be taken by the Register, before two or more Justices of the Peace for the District wherein he may be, (who are hereby empowered and required to administer such oath ;) and that every Register, at the time of his being sworn into the said office, shall also enter into a recognizance with two or more sufficient sureties, to be approved of by three or more of the Justices of the Peace of the District, by writing under their hands and seals, in the penalty of one thousand pounds, unto Her Majesty, Her Heirs and Successors, to be taken by the same Justices of the Peace that approved of his security, conditioned for the true and faithful performance of his duty in the execution of his said office, in all things directed and required by this Act, the same to be transmitted by the said Justice of the Peace, within six months after the date thereof, into the Court of Her Majesty's Bench in Upper Canada, there to remain amongst the Records of the said Court.

XXVII. And be it enacted, That the Register or his Deputy shall not be compelled to register any Deed, Conveyance, Will, or other Instrument, unless the fees authorized by this Act shall be previously paid thereon.

XXVIII. Provided nevertheless, and be it enacted, That when any Register shall die or surrender his office, and that, within the space of one year from and after such death or surrender, no misbehaviour appears to have been committed by such Register in the execution of his office, then and in such case, at the end of the said one year after his death or surrender, the recognizance entered into by him shall become void and of no effect to all intents and purposes whatever.

XXIX. And be it enacted, That the Seal of any Corporation affixed to any Deed, Conveyance, Memorial or Instrument in writing, shall of itself be sufficient evidence of the due execution of such Deed, Conveyance, Memorial or Instrument in writing, by such Corporation, for all purposes respecting the registering thereof, and no further evidence or verification of such execution shall be required for the purpose of registry; any law or custom now in force to the contrary notwithstanding.

No deed, &c.,

need be regis

tered until the fees thereon be

paid.

Provision in case of death, &c., of Regis

ter."

Seal of a Corporation to be dence to justify the regis their Deed.

sufficient evi

tration of

XXX. And be it enacted, That whenever it shall appear to the satisfaction of Governor may the Governor of this Province, that the Register's Office in any County is situated remove the inconveniently for the public, it shall be lawful for him, by proclamation, to order in a County to Registry office the said office to be removed to such other place in the County as he shall deem the chief expedient.

Town.

Preamble.

Surveyor Ge

neral to furnish Registers with certain information.

Also certain

Maps.

Duty of Register when

portion of a

apart so as to form another

XXXI. And whereas it is desirable that Registers should be enabled to afford purchasers and other persons making searches, information respecting the original Grantee of each lot, piece, parcel or tract of land within their respective County or Counties, together with the local situation of the same: Be it therefore enacted, That it shall be the duty of the Officer or person performing the duties formerly assigned to the Surveyor General of the Province, to furnish each Register with a list of the names of all persons in whose favor Patents may have heretofore issued from the Crown for grants of land within their respective County or Counties, or which may from time to time hereafter issue, and also with copies of all plans or maps of Towns and Townships within the same, within twelve calendar months after any Register shall in writing make application to the said Officer or person performing such duties as aforesaid for the same.

XXXII. And be it enacted, That where any portion of a County is separated or set apart so as to form another County, or a part thereof, it shall be the duty of County is set the Register of the first mentioned County, to furnish a statement of the registration of such titles as may have been registered, of lands lying in the part so separated, to the Registers of the new County and of the County of which it shall form a part, setting forth the dates of the Deeds and the particulars of the lots or parcels of lands to which they respectively relate or refer.

County.

When a Company, &c.,

subdivide any land into plan or map of such land may

town lots, a

be lodged in Registry Of fice.

Certain Counties may be united for the

gistration.

XXXIII. And be it enacted, That any person, Corporation or Company of per sons, who have heretofore or shall hereafter survey and subdivide any land into Town or Village lots, differing from the manner in which such lands were described as granted by the Crown, it shall and may be lawful for such person, Corporation or Company, to lodge with the Register of the County a plan or map of such Town or Village lots, shewing the numbers and ranges of such lots, and the names, sites and boundaries of the streets or lanes by which such lots may be in whole or in part bounded, together with a declaration to be signed by such person, or by the lawful Officer, Agent or Attorney of such Corporation or Company, that the said plan contains a true description of the lots and streets laid out and appropriated by such person, Corporation or Company, and thenceforth it shall be lawful for the Register to keep an Index of the land described on such map or plan as a Town or Village, or part of a Town or Village, by the name by which such person, Corporation or Company shall designate the same.

XXXIV. And be it enacted, That for and notwithstanding any thing in this Act contained, it shall not be necessary to appoint a Register for each of the following purpose of re- Counties, namely: Lennox, Addington, Prescott, Russell, Lincoln and Welland; but for the purposes of registration of titles under this Act, it shall and may be lawful to appoint one Register for the Counties of Lennox and Addington, one for the Counties of Prescott and Russell, and one for the Counties of Lincoln and Welland Provided always, that in the event of a vacancy in the office of Register of either of the said united Counties, it may be lawful for the Governor General in his discretion to divide the said Counties in which any such vacancy may happen, and to appoint a Register for each County respectively.

Interpretation clause.

XXXV. And be it enacted, that the words " Upper Canada," throughout this Act, shall be always construed to extend to and mean that portion of this Province

which formerly constituted the Province of Upper Canada; and that this Act shall not apply to that portion of this Province formerly constituting the Province of Lower Canada in any way whatsoever, and the words "Governor of the Province," shall include the Lieutenant Governor or Person administering the Government of this Province.

hath satisfied all money due upon a certain mortgage made by the said C. D. to me,

bearing date the

eight hundred and

forenoon of the

such mortgage is therefore discharged.

As witness my hand, this

E. F., of

G. H., of

one thousand of the clock in the following, and that

day of
and registered at

day of

MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DESBARATS, Law Printer to the Queen's Most Excellent Majesty.

ΑΝΝΟ ΝΟΝΟ

VICTORIA REGINE.

CAP. XXXV.

An Act to authorize and enforce the attendance of Witnesses from any part of this Province, before the Courts of Superior Criminal Jurisdiction.

WH

[9th June, 1846.]

Witness may

be summoned from any part

of the Pro

vince to attend

nal Courts force their at

who may en

tendance.

HEREAS it is necessary to provide for the attendance of witnesses in Preamble. Criminal Cases, upon Subpoenas issued from any of the Courts in this Province having Superior Criminal Jurisdiction: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That if any witness or witnesses in any Criminal Case cognizable in the Courts of Queen's Bench, or before any Justices of Assize, or Commissioners of Oyer and Terminer or Gaol Delivery in any part of this Province, shall reside in any part of this Province without the Jurisdiction of that Court of Queen's Bench, or of the Justices of Assize, or Commissioners of Oyer and Terminer or Gaol Delivery, before which or whom such Criminal Case is or shall be cognizable, it shall be lawful for the Court of Queen's Bench, or Justices of Assize, or Commissioners of Oyer and Terminer or Gaol Delivery, before which or whom such Criminal Case shall be cognizable, to issue a Writ or Writs of Subpoena, directed to such witness or witnesses in like manner as if such witness or witnesses were resident within the jurisdiction of such Court of Queen's Bench, Justices of Assize, or Commissioners of Oyer and Terminer or Gaol Delivery, and in case such witness or witnesses shall not obey such Writ or Writs of Subpoena, it shall be lawful for such Court of Queen's Bench, Justices of Assize, or Commissioners of Oyer and Terminer or Gaol Delivery, issuing such Writ or Writs of Subpoena, to proceed thereupon against such witness or witnesses for contempt or otherwise, or to bind over such witness or witnesses to appear at such days and times as may be necessary, and upon default being made in such appearance, to cause the recognizances of such witness or witnesses to be estreated, and the amount thereof to be sued for and recovered by process of law, in like manner as if such witness or witnesses were resident within the jurisdiction of such Court of Queen's Bench, Justices of Assize, or Commissioners of Oyer and Terminer or Gaol Delivery; any law, usage or custom to the contrary thereof in anywise notwithstanding.

MONTREAL-Printed by STEWART DERBISHIRE & GEORGE DESBARATS,

Law Printer to the Queen's Most Excellent Majesty.

And may be punished for

disobedience.