such parts of the said lands, tenements, hereditaments and premises as shall remain unsold for the purposes aforesaid, freed and absolutely discharged of and from all estate, lien, charge and incumbrance whatsoever by the said mortgagee, his heirs or assigns, in the meantime, so as no person who shall be required to make or execute any such assurances, shall be compelled for the making thereof to go or travel from his usual place of abode; provided always, and it is hereby further declared and agreed by and between the parties to these presents, that notwithstanding the power of sale, and other the powers and provisions contained in these presents, the said mortgagee his heirs or assignes shall have and be entitled to his right of foreclosure of the equity of the redemption of the said mortgagor, his heirs and assigns, in the said lands, tenements, hereditaments and premises as fully and effectually as he might have exercised and enjoyed the same in case the power of sale and the other former provisos and trusts incident thereto had not been herein contained. 15. Provided that the mortgagor 15. And it is further convenanted, may distrain for arrears of interest, declared and agreed by and between the parties to these presents, that if the said mortgagor, his heirs, executors or administrators, shail make default in payment of any part of the said interest at any of the days or times herein before limited for the payment thereof, it shall and may be lawful for the said mortgagee, his heirs or assigns, to distrain therefor upon the said lands, tenements, hereditaments and premises, or any part hereof, and by distress warrant, to recover by way of rent reserved, as in the case of a demise, of the said lands, tenements, hereditaments and premises, so much of such interest as shall, from time to time, be, or remain in arrear and unpaid, together with all costs, charges and expenses attending such levy or distress, as in like cases of distress for rent. 16. Provided that in default of the 16. Provided always, and it is payment of the interest hereby se- hereby further expressly declared cured, the principal hereby secured and agreed by and between the parshall become payable. ties to these presents, that if any default shall at any time happen to be made of or in the payment of the interests COLUMN ONE. 17. Provided, that until default of payment the mortgagor shall have quiet possession of the said lands. COLUMN TWO. interests money hereby secured or mentioned, or intended so to be, or any part thereof, then and in such case the principal money hereby secured or mentioned, or intended so to be, and every part thereof, shall forthwith become due and payable in like manner and with the like consequences and effects to all intents and purposes whatsoever, as if the time herein mentioned for payment of such principal money had fully come and expired, but that in such case the said mortgagor, his heirs or assigns shall, on payment of all arrears under these presents, with lawful costs and charges in that behalf, at any time before any judgment in the premises recovered at law or within such time as by the practice of equity relief therein could be obtained, be relieved from the consequences of non-payment of so much of the money secured by these presents or mentioned, or intended so to be, as may not then have become payable by reason of lapse of time. hereby further expressly declared and 17. And provided also, and it is agreed by and between the parties to these presents, that until default shall happen to be made of or in the payment of the said sum of money hereby secured or mentioned, cr intended so to be, or the interest thereof, or any part of either of the same, or the doing, observing, performing, fulfilling or keeping some one or more of the provisions, agreements or stipulations herein set forth, contrary to the true intent and meaning of these presents, it shall and may be lawful to and for the said mortgagor, his heirs and assigns, peaceably and quietly to have, hold, use, occupy, possess and enjoy the said lands, tenements, hereditaments and premises hereby conveyed or mentioned, or intended so to be, with their and every of their appurtenances, and receive and take the rents, issues and profits thereof to his own use and benefit, without let, suit, hindrance, interruption or denial of or by the said mortgagee, his heirs, executors, administrators or assigns, or of or by any other person or persons whomsoever lawfully claiming, or who shall or may lawfully claim by, from, under or in trust for him, her, them or any or either of them. САР. CAP. XXXII. Preamble. Titles to lands sold by lot quieted, in certain cases. Payment in full. Payment in part. Saving of rights of third persons. An Act to quiet titles to certain properties sold by lot. W [Assented to 30th June, 1864.] HEREAS there is reason to believe, that prior to the first day of January, one thousand eight hundred and fiftyseven, on which day the Act nineteenth and twentieth Victoria, chapter forty-nine," For the suppression of lotteries," now forming the ninety-fifth chapter of the Consolidated Statutes of Canada, came into force, but few persons were aware that under the Imperial Statute of twelve George Two, chaptertwentyeight, the sale or disposal of lands in Upper Canada by lottery or chance was prohibited by law; and whereas prior to the said date much land was disposed of by lottery or chance in this Province, and titles were acquired to lands so disposed of in ignorance of the law and in good faith, and it is desirable to make equitable provisions in such cases: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, declares and enacts as follows: 1. For and notwithstanding the Imperial Statute hereinbefore recited, or any other Law or Statute to the contrary, no deed or mortgage, (save as hereinafter provided) made in pursuance of the sale of any real property in Upper Canada, made before the first day of January, one thousand eight hundred and fifty-seven, shall be held, or adjudicated to have been or to be illegal, or void, solely by reason of such sale or disposal having been made by lottery, or other mode of chance whatever, depending upon or determined by chance or lot in either of the following cases, namely: 1st. In case the purchase money of such real property shall have been paid in full before the passing of this Act; 2nd. In case where a purchaser of such real property, having executed a mortgage or suffered a lien for the purchase money to remain thereupon, shall, within one year from the passing of this Act, pay an instalment of one-fifth of the amount remaining due thereupon. 2. Nothing in this Act contained shall affect any judgment fany Court of this Province, rendered prior to the passing of this Act, or any suit pending in any Court of this Province at the time of the passing of this Act; nor shall any such sale or disposal of real property by lottery or chance, as aforesaid, or agreement in writing, deed or instrument entered into, made or executed for carrying any such sale or disposal into effect be, by reason of this Act, held to be valid as against any right acquired by any third person before the passing of this Act, and and which would be injuriously affected by the passing of this Act; and assignees of mortgages on land acquired by lotteries, or chance shall, notwithstanding anything in this Act contained, have the same rights as the original mortgagees would have had under this Act. 3. In all cases coming within section one of this Act, where Purchaser purchase money remains to be paid on such real property, and electing to retain properthe purchaser shall, by paying an instalment within one year ty shall pay from the passing of this Act, have elected to retain such real balance of property, the balance of such purchase money, as specified purchase originally, with interest thereon, shall be paid and payable in money in five four equal annual instalments, with interest; the first instal- instalments. ment whereof shall be payable at the end of the second year after the passing of this Act. equal annual 4. In all cases where a purchaser of real property, disposed Purchaser of as aforesaid, shall not, within a year from the passing of this not so electAct, have made his election, in the manner prescribed by this ing to forfeit money paid Act, to retain such real property, any purchase money which he previously, may have paid thereupon shall be forfeited; and neither the and land shall deed thereof to the purchaser, nor the mortgage thereof from him revert to shall come in any way within the provisions of this Act, nor shall the land be forfeited under any of the provisions of the above cited Imperial Statute, but the title shall remain unaffected by any of such provisions. vendor. 5. The words "real property " shall include every descrip- Interpretation of land and all estates and interests therein. CAP. XXXIII. An Act to amend the "Act relating to the Court of W [Assented to 30th June, 1864.] HEREAS it is expedient to amend the ninth section of chapter seventeen of the Consolidated Statutes for Upper Canada, relating to the appointment of Clerks of the Peace in Upper Canada: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: tion. Preamble. 1. The following words shall be and are hereby added to, Con, Stat. U. and shall follow immediately after the word "peace" in the C. cap. 17, last line of the said section, and shall be hereafter taken and sec. 9, amendread as part of the said section: ed. "And whenever a vacancy shall hereafter occur in the Office On any vacan"of the Clerk of the Peace for any County, in which the said ey, County "Clerk 15 Attorney to be Clerk of the Peace. Preamble. Jurisdiction trates. "Clerk of the Peace was not, previous to such vacancy occur"ring, also County Crown Attorney for the said County, the "County Crown Attorney for the said County shall be, ex "officio, Clerk of the Peace for the County of which he is County "Crown Attorney." CAP. XXXIV. An Act to extend the Jurisdiction of Police Magistrates in Towns in Upper Canada. [Assented to 30th June, 1864.] ER Majesty, by and with the advice and consent of the follows: 1. From and after the passing of this Act, the Police Magisof such magistrate in any Town in Upper Canada shall have the same summary jurisdiction and powers, and use the like proceedings, in all cases as the Recorders in cities in Upper Canada under the provisions of the Act, chapter one hundred and five of the Consolidated Statutes of Canada, intituled: An Act respecting the prompt and summary administration of Criminal Justice in certain cases. CAP. X X X V. An Act relating to Justices of the Peace in Quarter W [Assented to 30th June, 1864.] HEREAS in and by the ninety-eighth section of the one hundred and twenty-eighth chapter of the Consolidated Statutes for Upper Canada, intituled: An Act respecting the Administration of Justice in the unorganized tracts, certain powers and authorities are conferred upon Justices of the Peace in Provisional Judicial Districts out of Sessions, which are not in or by the ninety-sixth section of the said Act conferred upon such Justices of the Peace in General Quarter Sessions assembled; and whereas it is expedient that such Justices so assembled should have, use, exercice, and enjoy such powers and authorities: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. For and notwithstanding anything to the contrary contained in, or to be inferred from, the terms of the ninety-sixth section of the said one hundred and twenty-eighth chapter of the Consolidated Statutes for Upper Canada, the Justices of the Peace |