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his will. And by means of the Statute of Uses a man might, and may still convey lands to a third person

in trust for the use of his wife.

By the Statutes 22 Vic. cap. 34, and 35 V. (0) cap. 16, Rev. Stat. (O), cap. 125, very important alterations were made in the law relating to married women's rights in property.

By the provisions of these statutes, any woman, who married on or before the 4th of May, 1859, whose husband had not previous to that day, by himself or his tenants, taken possession of her real property, and any woman who married since that time, and prior to 2nd March, 1872, may hold all her real estate acquired in any way before or after marriage, except property received by a married woman from her husband during coverture, and except also property included in or affected by her marriage contract or settlement, free from her husband's debts contracted since the passing of the Act, and from his control or disposition, in as full a manner as if she were unmarried, except only that it shall be liable under execution against her husband for her torts. The real estate of any woman married after 4th March, 1872, may also be held by her free from any estate therein of her husband during her lifetime, and from his debts and obligations, and from any claim or estate by him as tenant by the curtesy ; but this shall not prejudice any claim of the husband as tenant by the curtesy in any real estate of the wife which she has not disposed of inter vivos or by will. But this or any other estate which the husband may by virtue of his marriage be entitled to in the property of his wife, shall not during her life be subject to his debts. A married woman's property not settled by ante-nuptial contract is liable for her debts contracted before marriage in all cases where the marriage was since the 4th May, 1859, and in case of marriage settlement on the husband the husband is liable for such debts to the extent of the property taken under such settlement.

A tenancy by the curtesy occurs where the husband survives his wife, in case he has had issue by her born alive who might by possibility have inherited the estate as her heir. He thus becomes entitled to an estate for the residue of his life in such lands of his wife as she was solely seized of in fee simple, or fee tail in possession. If the wife's estate should be equitable only, her husband will be entitled to this estate in the same way. The wife's estate must be a several one or else held under a tenancy in common, and must be an estate in possession. 2. Rights of the wife in the lands of her husband. Dower.

Rev. Stat. (O), cap. 126. By the act of marriage the wife becomes entitled to an estate for life upon surviving her husband in a third part of all estates of inheritance of which he was solely and legally seized at any time during the marriage, and which her issue by this marriage might by possibility have inherited. This interest of the wife is termed her dower. Where there is an exchange of lands the widow may

elect from which of the lands she will have her dower. In regard to the husband's seisin the law has been altered by our statute, 4 Wm. IV. cap. 1, sec. 14, of which gives the wife dower without seisin, if the husband shall have been entitled to a right of entry or action, provided such dower be sued for or obtained within the period during which such right of entry or action might be enforced. Under the same statute widows are entitled in equity to dower, also in "equitable estates in possession," except an estate in joint tenancy. · Dower is not recoverable out of land which, when aliened or at the time of the death of the husband, was in a state of nature and unimproved by clearing, fencing or otherwise, for the purposes of cultivation or occupation. A woman may bar her dower by joining in her own proper person or by her attorney, with her husband in a deed of conveyance thereof in which a release of dower is contained. A married woman may also bar her dower by executing, in her own proper

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person or by her attorney, either alone or jointly with other persons, a deed to which her husband is not a party, containing a release of such dower. Where the husband is not a party the order of the Judge must be obtained to give effect to the deed or power of attorney.

See “The Married Women's Real Estate Act,” cap. 127, Rev. Stat. (O).

No arears of Dower, nor any damages on account thereof, can be recovered for a longer period than six years.

INCORPOREAL HEREDITAMENTS. An incorporeal hereditament is a right issuing out of a thing corporate, whether real or personal, or concerning or annexed to, or exercisable with the same, as a rent issuing out of lands or houses or the like. Reversions, remainders, executory interests, rights of way, and annuities are all examples of incorporeal hereditaments. They must be conveyed by deed or will. This kind of property is not of a visible and tangible nature, and does not in itself admit of actual delivery.

A TERM OF YEARS. The two principal interests of a personal nature derived from landed property, are, a term of years and a mortgage debt.

And first, a term of years may be created by an ordinary lease, by settlement, will or mortgage deed. All terms of years, of whatever length, possess the same attributes in the eye of the law, whether for one or a thousand years.

A tenancy at will may be created by parol or by deed. It arises when a man lets land to another to hold at the will of the lessor. The tenant may be evicted whenever his landlord pleases, and the tenant himself may leave at

time. This kind of tenancy is very inconvenient and seldom adopted.

A tenancy by sufferance, is where a person who has originally come into possession by a lawful title holds over


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after his title has determined. A special remedy against over-holding tenants, is provided by the Canadian Statutes, 4 Wm. IV. cap. 1, and 27 & 28, \Vic.


30. Rev. Stat. (O), cap. 137.

A lease from year to year is a mode of letting very commonly adopted. Its advantage is that both landlord and tenant are entitled to notice before the tenancy can be determined by either of them. This notice must be given at least six months before the expiration of the current year of the tenancy. A yearly tenancy can be created by parol or word of mouth, if the rent reserved amount to two-thirds at least of the full improved annual value of the lands; for if the rent do not amount to so much, the Statute of Frauds declares that such a parol lease shall have the effect of a lease at will only. A lease from year to year reserving a less rent, must be by deed. A lease at an annual rent made generally, without expressing it to be at will, and without limiting any certain period, is a lease from year to year.

A lease for a fixed number of years may, by the Statute of Frauds, be made by parol, if the term do not exceed three

years from the making thereof, and if the rent reserved amount to two-thirds at least of the full improved value of the land. Leases for a longer term or at a lower rent, are required to be in writing and to be made by deed. See Rev. Stat., (O), cap. 98.

There is, as before mentioned, no limit to the number of years for which a lease may be granted, so long as there is a fixed time at which the term must end and from which it is to begin, and this latter may be at a future period. The leasee is liable on his express covenants during the continuance of the term, notwithstanding any assignment which he may make ; but the assignee is only liable for such covenants as run with the land, which may be broken during the time the term may be vested in him, and nou after he has assigned it over to another. On assigning leasehold premises, therefore, the assignee should enter into a covenant with the assignor to indemnify him against

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the payment of rent and performance of covenants contained in the lease. Covenants which are binding on the assignee are said to run with the land.

Assignments of a chattel interest in any lands are also required to be by deed by Rev. Stat. (O), cap. 98. Leasehold estates may be bequeathed by will. They are considered as personal property and devolve in the first place on the executor or administrator. A tenant for a term of years may, unless restrained by express covenants, make an underlease for any part of his term. Any assignment for any less period than the whole term, is in effect an underlease. But an underlease which comprises the whole term of the underlessor and more properly called an assignment of the lease, gives him no right to destrain for rent reserved since it leaves in him no reversion to which the rent can be incident. Between the original lessor and an underlessee, no privity is said to exist, and consequently the original lessor's remedy for any breach of the covenants contained in the original lease, is only against the original lessee or any assignee of the whole term.

A surrender of a term is also required by Rev. Stat. (O), cap. 98, to be by deed. If an estate of freehold should be vested in any person who at the same time is possessed of a term of years in the same land, and no other estate should intervene, the estate of freehold will swallow up the term which will, as it is expressed, become merged in the freehold.

Leases for a term not exceeding seven years, when the actual possession goes along with the lease, need not be registered

Attornment is the consent of a tenant to become the tenant of another landlord, and was formerly necessary to the validity of the grant of the reversion. Its necessity, however, in nearly every case, was abolished. by 4 Anne, cap. 16. Notice should be given to the tenant, as prior to such notice he may pay to the prior owner.

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