Status of married Persons naturalized in other British Colonies ized in this Colony. be entitled to all political and other rights, powers, and privileges, and be subject to all obligations, to which a natural-born British subject is entitled or subject in this Colony, anything in the "Constitution Act," seventeen Victoria number forty-one section two-the "Electoral Act of 1858," twenty-two Victoria number twenty sections eight and nine—or the "Jury Act of 1847," eleven Victoria number twenty section three, to the contrary notwithstanding. 7. Every married woman shall in this Colony be deemed to be a subject of the State of which her husband is for the time being a subject. And every alien woman, married to a natural-born British subject or person who shall have obtained a certificate of naturalization under this or the last-mentioned Act, shall be deemed to be herself naturalized, and to have had in this Colony, from the time of her marriage, all the rights and privileges of a natural-born British subject. Every child under the age of sixteen years, whose father or mother shall, at the time of the birth of such child, have been an alien, but shall have afterwards obtained a certificate of naturalization, or whose mother being an alien shall have married a natural-born British subject, shall, if such child shall have been resident in this Colony at any time while under that age, be deemed naturalized, and to have all the rights and privileges of a natural-born British subject. 8. When any person resident in this Colony has previously obtained any certificate of naturalization in the United Kingdom, or in any British Colony, and desires to be may be natural naturalized in this Colony, if he submit such certificate to the Governor, and if he further satisfy the Governor that he is the person named in such certificate, and that the same has been obtained without any fraud or intentional false statement, and that the signature and the seal (if any) thereto, are, to the best of his belief and knowledge, genuine, the Governor may, at his discretion, grant a certificate of naturalization, without requiring from the applicant any further residence in this Colony or other condition. 9. The Colonial Secretary shall enrol for safe custody, as of record, all certificates of naturalization granted under this Act, and shall demand and receive from every person to whom such certificate is granted, the fee of one pound in respect of such enrolment, and shall cause to be made proper indices to such certificates, and shall permit every person desirous of so doing, at all reasonable times, to inspect the same, and make copies of such certificates, on payment of the fee of one shilling for every such inspection; and no person to whom any such certificate is granted, shall be liable to any other fees or charges for such certificate, enrolment, or otherwise. Record of certificate, &c. Form of oath of allegiance. Certificate of naturalization, how proved. Interpretation. All grants and conveyances to 10. The Oath in this Act referred to as the Oath of Allegiance shall be in the form following, that is to saydo swear that I will be faithful and bear true allegiance "I "to Her Majesty Queen Victoria Her Heirs and Successors according to law : "So help me GOD." 11. A certificate of naturalization may be proved in any proceeding in any Court, by the production of the original certificate, or of any copy thereof, certified to be a true copy under the hand of the Colonial Secretary. 12. In the construction of this Act, the word "Governor," where hereinbefore used, shall mean 66 Governor with the advice of the Executive Council." ALIENATION (BY WIFE, OF LAND OF DECEASED HUSBAND, WHEN VOID). 11 Henry VII. c. 20. [1494.] [This statute is given in substance in Watkins on Conveyancing, page 448. It was repealed, sub modo, in England, by the "Fines and Recoveries Abolition Act," 3 and 4 Wm. IV. c. 74, sec. 17 (not in force in this Colony), and was commonly known as the "Statute of Jointures."] ALIENATION (OF CROWN LANDS). (See in Appendix.) ANNE (STATUTE OF). 4 Ann cap. 16. An Act for the amendment of the Law and the better advancement of Justice. [1705.] 9. And be it further enacted by the authority aforesaid, That from and after the said first day of Trinity Term, all grants or conveyances thereafter to be made, by fine or out attornment otherwise, of any manors or rents, or of the reversion or remainder of any messuages or be good, with of tenants. lands, shall be good and effectual, to all intents and purposes, without any attornment of the tenants of any such manors, or of the land out of which such rent shall be issuing, or of the particular tenants upon whose particular estates any such reversions or remainders shall and may be expectant or depending, as if their attornment had been had and made. (6) 10. Provided nevertheless, That no such tenant shall be prejudiced or damaged by Proviso. payment of any rent to any such grantor or conusor, or by breach of any condition for non-payment of rent, before notice shall be given to him of such grant by the conusee or grantee. wills. 14. And whereas by an Act of Parliament made in the twenty-ninth year of King Nuncupativo Charles the Second, intituled "An Act for prevention of Frauds and Perjuries," it is enacted, That no nuncupative will shall be good, where the estate thereby bequeathed shall exceed the value of Thirty pounds, that is not proved by the oaths of three witnesses, at the least, that were present at the making thereof; it is hereby declared, That all such witnesses as are and ought to be allowed to be good witnesses upon trials at law, by the laws and customs of this realm, shall be deemed good witnesses to prove any nuncupative will, or any thing relating thereunto. tenant for life 21. And be it further enacted by the authority aforesaid, That all warranties which Warranty by shall be made after the said first day of Trinity Term, by any tenant for life, of any void (*) lands, tenements, or hereditaments, the same descending or coming to any person in reversion or remainder, shall be void and of none effect; and likewise all collateral warranties, which shall be made after the said first day of Trinity Term, of any lands, tenements, or hereditaments, by any ancestor who has no estate of inheritance in possession in the same shall be void against his heir. ASSIGNMENT DEEDS (FOR BENEFIT OF CREDITORS). (See Advancement of Justice.) ATTAINDER. [On this subject and the kindred subjects of Escheats and Forfeitures, the following statutes may be consulted:-8 Hen. VI c. 16; 18 Hen. VI c. 6; Anne I c. 7; 39 and 40 Geo. III c. 88; 54 Geo. III, c. 145; and 1 Geo. IV c. 1, together with section 10 of the "Inheritance Act." The subjects of forfeiture and escheat are treated at length in Chitty's Prerogatives of the Crown; see also Watkins' Conveyancing, page 469. The statutes above cited are not considered of sufficient practical utility to warrant any more space being devoted to them in this collection than is sufficient for the purpose of reference.] 27 Vic. c. 19. ATTORNMENT. See Anne, Statute of (4 Ann cap. 16.) CHARTER OF JUSTICE. (See in Appendix.) COMMON LAW PROCEDURE. (†) COMPANIES SEALS. An Act to enable Joint Stock Companies carrying on business in Foreign Countries to have Official Seals to be used in such countries. [13th May, 1864.] WHEREAS there have been and may be established in the United Kingdom companies Preamble. whose business is to be carried on in countries not situate in the United Kingdom, and it is convenient and desirable that investments may be made, and mortgages, conveyances and leases taken, and contracts and engagements entered into, on behalf of the company in such countries, in name of the company: Be it therefore enacted as follows: 1. This Act may be cited for all purposes as "The Companies' Seals Act, 1864." (*) Warranties to bar estates tail and estates expectant thereon, were abolished in England by the 3 & 4 Wm. IV, c. 74 (not, however, in force in this Colony.) (+) See the enactments in the Common Law Procedure Acts, 17 Vict. No. 21, ss. 119 to 171, and in the 20 Vict. No. 31, ss. 7, 24, and 57, relating to procedure in Ejectment. (6) See Mate v. Kidd, 3, S. C. R., p. 200. Short Title. Power to companies to have an official seal. Power to company to appoint agents abroad to affix seals. 2. Any company, under "The Companies Act, 1862," whose objects require or comprise the transaction of business, as hereinbefore mentioned, in foreign countries, may cause to be prepared an official seal for and to be used in any place, district, or territory situate out of the United Kingdom in which the business of the company shall be carried on, and every such official seal may and shall be a fac-simile of or as nearly as practicable a fac-simile of the common seal of the company, with the exception that on the face thereof shall be inscribed the name of each and every place, district, or territory in and for which it is to be used: Provided that it shall be lawful for any such company as aforesaid from time to time to break up and renew any official seal or seals and to vary the limits within which it is intended to be used. 3. Every company having or using any such official seal as is authorized by this Act may from time to time, by any instrument or instruments in writing under the common seal of the company, empower any agent or agents specially appointed for the purpose, or any local agent, board, committee, manager, or commissioner appointed under the provisions of the articles of association of such company, in any place, district, or territory situate out of the United Kingdom where the business of the company shall for the time being be carried on, to affix such official seal to any deed, contract, or other instrument to which the company is or shall be made a party in such place, district, or territory, and no other order of the company or the board of directors thereof shall be necessary to order any such seal to be affixed to any deed, contract, or other instrument. 4. Every power granted under the last preceding section shall, as between the company, their successors and assigns on the one hand, and the person or persons dealing sec. 3 of this Act. with the agent or agents, board, committee, manager, or commissioner named in the instrument conferring the power, and all parties claiming through or under such person or persons on the other hand, continue in force during the period, if any, mentioned in the instrument conferring the power, or if no power be there mentioned then until notice of the revocation or determination of the power shall have been given to such person or persons as aforesaid. As to the duration of powers granted under Persons affixing seal to document to certify the date when so affixed. 5. Whenever any such official seal as aforesaid shall be affixed to any document, the person affixing the same shall by writing under his hand, and written on the document to which the seal may have been affixed, certify the date when and the place where the same was affixed; and any document to which any such seal shall have been duly affixed within the district or territory or place, the name whereof is inscribed on such Binding on the seal, shall bind the company in the same way and to the same extent and have the same force and effect as if it had been duly sealed with the common seal of the company. 6. The powers given by this Act shall be exercised by such companies only as are or shall be expressly authorized to exercise the same by their articles of association, or a special resolution passed according to the provisions of "The Companies Act, 1862," and shall be exercised by such companies subject to any directions or restrictions in their articles of association or the special resolutions contained. company. Companies not to exercise powers of Act unless author ized. 7. Nothing in this Act contained shall operate to repeal the provisions of the fiftyfifth section of "The Companies Act, 1862," but such section shall continue in force, and all acts done or to be done thereunder shall be as valid and effectual as if this Act had not been passed. Certain persons only to draw conveyances. CONVEYANCERS (CERTIFICATED). 11 Vic. No. 33. An Act to regulate the taxation of Attorneys' Bills of Costs and the practice of Conveyancing. [2nd October, 1847.] 13. And be it enacted, That from and after the first day of January next, (*) every person who shall for or in expectation of any fee, gain, or reward, directly or indirectly, draw or prepare any conveyance, or other deed or instrument in writing, relating to any real estate, or any proceedings in Law or Equity, (other than and except Barristers, or Attorneys and Solicitors of the Supreme Court, or Certificated Conveyancers as hereinafter mentioned; and other than and except persons solely employed to engross any deed, instrument, or other proceeding, not drawn or prepared by themselves, and for their own account respectively; and other than and except Public Officers drawing or preparing official instruments applicable to their respective offices, and in the course of their duty), shall be deemed guilty of a contempt of the Supreme Court, and shall and may be punished accordingly, for every such offence, upon the application of any person complaining thereof; or shall, for every such offence, forfeit and pay the sum of twenty pounds, to be sued for and recovered in a summary way before any two or more Justices of the Peace, and in accordance with the provisions of an Act passed in the fifth year of His late 6 Wil. IV No. 22. Majesty King William the Fourth, intituled “An Act to regulate Summary Proceedings before Justices of the Peace." (*) i.e., 1st January, 1848. conveyancers. 14. And be it enacted, That every person except a Barrister, or Attorney and Solicitor Certificate of the Supreme Court, who shall be desirous of practising as a conveyancer, shall, one month at least before making application as hereinafter mentioned, give notice in such Notice. manner and form as the Judges of the Supreme Court shall direct, of his intention to apply to the said Court for a certificate to practise as a conveyancer, and any person, having given such notice as aforesaid, shall be at liberty to apply to the said Court touching his fitness to practise as a conveyancer, and thereupon the Judges, or one of them, shall direct that the applicant shall be examined at the earliest convenient time by Examination for the Master in Equity of the said Court (or such other one or two officers of the Court certificates. as the Judges may appoint to assist him), touching his, the applicant's skill and knowledge in conveyancing, as well as to his character for integrity; and the said Master or his assistants shall be at liberty to put such questions to such applicant in respect to the matters aforesaid, and to require such proof of his character, as shall be deemed proper; and if the said applicant shall be considered of competent ability and knowledge, and a fit and proper person to practise as a conveyancer, then the said Master shall, and he is hereby empowered to grant a certificate to such applicant, authorizing him to draw, fill up, and prepare any conveyance, will, deed, bond, lease, or agreement for a lease, or other contract whatsoever, of or relating to any estate or property, whether real or personal; and every such certificate shall be enrolled in the office of the Registrar of the Supreme Court, whereupon such applicant shall be deemed a certificated conveyancer; and entitled to practise as such; with power of appeal to the Court in case of refusal of such certificate by the Master as aforesaid. CONVEYANCES. (*) CONVEYANCES (FRAUDULENT). 13 Eliz,. Cap. 5. An Act against Fraudulent Deeds, Giftes, Alienations, &c. [1570.] (†) of others shall be FOR the avoiding and abolishing of feigned, covinous and fraudulent feoffments, gifts, Fraudulent grants, alienations, conveyances, bonds, suits, judgments, and executions, as well of deeds made to lands and tenements as of goods and chattels, more commonly used and practised in avoid the debts these days than hath been seen or heard of heretofore; which feoffments, gifts, grants, void and the alienations, conveyances, bonds, suits, judgments, and executions, have been and are penalties, &c. devised and contrived of malice, fraud, covin, collusion or guile, to the end, purpose and intent, to delay, hinder or defraud creditors and others, of their just and lawful actions, suits, debts, accounts, damages, penalties, forfeitures, heriots, mortuaries and reliefs, not only to the let or hindrance of the due course and execution of law and justice, but also to the overthrow of all true and plain dealing, bargaining, and chevisance between man and man, without the which no commonwealth or civil society can be maintained or continued. conveyances be void. 2. Be it therefore declared, ordained, and enacted, by the authority of this present All fraudulent Parliament, That all and every feoffment, gift, grant, alienation, bargain, and convey made to avoid ⚫ance of lands, tenements, hereditaments, goods and chattels, or any of them, or of the debt or duty any lease, rent, common or other profit or charge out of the same lands, tenements, of others shall hereditaments, goods and chattels, or any of them, by writing or otherwise, and all and every bond, suit, judgment and execution, at any time had or made sithence the beginning of the Queen's Majesty's reign that now is, or at any time hereafter to be had or made, to or for any intent or purpose before declared and expressed, shall be from henceforth deemed and taken (only as against that person or persons, his or their heirs, successors, executors, administrators, and assigns and every of them, whose actions, suits, debts, accounts, damages, penalties, forfeitures, heriots, mortuaries and reliefs, by such guileful, covinous or fraudulent devices and practices as is aforesaid, are, shall or might be in anywise disturbed, hindered, delayed or defrauded) to be clearly and utterly void, frustrate and of none effect; any pretence, colour, feigned consideration, expressing of use, or any other matter or thing to the contrary notwithstanding. (7) For the Early Statutes under this head, see 1, Chitty's Statutes, p. 822, 3rd Edition. (†) Made perpetual by 29 Elizabeth c. 5. (7) A. executed a settlement after marriage in pursuance of a verbal agreement made before marriage. At the time of execution an action by B. was pending, in which B. subsequently obtained a verdict, which he was unable to realize owing to the settlement. There had been conversations showing that A. intended that B. should get nothing, if he obtained a verdict. Held, that under the circumstances the settlement was fraudulent and void. Perry v. Muir, 2, S. C. R., Eq., 1. The forfeiture of the parties to 3. And be it further enacted by the authority aforesaid, That all and every the fraudulent deeds. parties to such feigned, covinous, or fraudulent feoffment, gift, grant, alienation, bargain, Who shall have the forfeiture and by what means. Estates made upon good consideration and bona fide. Preamble. Fraudulent conveyances made to deceive pur void. conveyance, bonds, suits, judgments, executions and other things before expressed, and being privy and knowing of the same or any of them, which at any time after the tenth day of June next coming shall wittingly and willingly put in ure, avow, maintain, justify, or defend the same, or any of them, as true, simple, and done, had or made boná fide and upon good consideration; or shall alien or assign any the lands, tenements, goods, leases or other things before mentioned to him or them conveyed as is aforesaid, or any part thereof,-shall incur the penalty and forfeiture of one year's value of the said lands, tenements and hereditaments, leases, rents, commons, or other profits of or out of the same; and the whole value of the said goods and chattels, and also so much money as are or shall be contained in any such covinous and feigned bond, the one moiety whereof to the Queen's Majesty, her heirs and successors, and the other moiety to the party or parties grieved by such feigned and fraudulent feoffment, gift, grant, alienation, bargain, conveyance, bonds, suits, judgments, executions, leases, rents, commons, profits, charges and other charges aforesaid, to be recovered in any of the Queen's Courts of record by action of debt, bill, plaint or information, wherein no essoin, protection or wager of law shall be admitted for the defendant or defendants; and also being thereof lawfully convicted, shall suffer imprisonment for one half-year without bail or mainprize. 6. Provided also, and be it enacted by the authority aforesaid, That this Act, or anything therein contained, shall not extend to any estate or interest in lands, tenements, hereditaments, leases, rents, commons, profits, goods or chattels, had, made, conveyed or assured, or hereafter to be had, made, conveyed or assured, which estate or interest is or shall be upon good consideration and bond fide lawfully conveyed or assured to any person or persons, or bodies politic or corporate, not having at the time of such conveyance or assurance to them made any manner of notice or knowledge of such covin, fraud, or collusion, as is aforesaid; anything before mentioned to the contrary hereof notwithstanding. 27 Elizabeth cap. 4. An Act against Covinous and Fraudulent Conveyances. [1585.] · FORASMUCH as not only the Queen's Most Excellent Majesty, but also divers of Her Highness's good and loving subjects, and bodies politic and corporate, after conveyances obtained or to be obtained, and purchases made or to be made, of lands, tenements, leases, estates and hereditaments, for money or other good considerations, may have, incur and receive great loss and prejudice by reason of fraudulent and covinous conveyances, estates gifts, grants, charges and limitations of uses heretofore made or hereafter to be made, of, in or out of lands, tenements, or hereditments so purchased or to be purchased; which said gifts, grants, charges, estates, uses and conveyances were, or hereafter shall be, meant and intended by the parties that so make the same to be fraudulent and covinous, of purpose and intent to deceive such as have purchased or shall purchase the same; or else by the secret intent of the parties the same be to their own proper use, and at their free disposition, colored nevertheless by a feigned countenance and show of words and sentences, as though the same were made bona fide, for good causes, and upon just and lawful considerations. 2. For remedy of which inconveniences, and for the avoiding of such fraudulent, feigned and covinous conveyances, gifts, grants, charges, uses and estates, and for the chasers shall be maintenance of upright and just dealing in the purchasing of lands, tenements and hereditaments, Be it ordained and enacted by the authority of this present Parliament, That all and every conveyance, grant, charge, lease, estate, incumbrance and limitation of use or uses, of, in, or out of any lands, tenements or other hereditaments whatsoever, had or made at any time heretofore sithence the beginning of the Queen's Majesty's reign that now is, or any time hereafter to be had or made, for the intent and of purpose to defraud and deceive such person or persons, bodies politic or corporate, as have purchased, or shall afterwards purchase in fee simple, fee tail, for life, lives or years, the same lands, tenements and hereditaments, or any part or parcel thereof, so formerly conveyed, granted, leased, charged, incumbered, or limited in use, or to defraud and deceive such as have or shall purchase any rent, profit or commodity in or out of the same, or any part thereof,-shall be deemed and taken only as against that person and persons, bodies politic and corporate, his and their heirs, successors, executors, administrators and assigns, and against all and every other person and persons lawfully having or claiming by, from or under them, or any of them which have purchased or shall thereafter so purchase, for money or other good consideration, the same lands, tenements, or hereditaments, or any part or parcel thereof, or any rent, profit or commodity, in or out of the same, to be utterly void, frustrate and of none effect; any pretence, color, feigned consideration, or expressing of any use or uses to the contrary notwithstanding. |