Effect of renewal. Right may be exercised by heirs, &c. Renewal of registration not to renew hypothec. Notaries to acceptance thereof by the debtor, and may at the time of the registration of such transfer, or at any time thereafter, renew the registration of such hypothec in the manner provided in section forty-nine of the said chapter thirty-seven of the Consolidated Statutes for Lower Canada, signing the notice of such renewal as the transferree of the original creditor, and any subsequent transferree of such hypothec may, in like manner, register the transfer and renew the registration thereof; and such renewal shall have the same effect as if made by the original creditor, and shall be entered, referred to, and indexed in the Registrar's books in the manner provided in the said section forty-nine : 2. And the right of renewal of registration by the said Act, or by this Act vested in the original creditor or in the transferree of any hypothec, may be exercised by any heir, legatee, devisee, or other legal representative of such creditor or transferree, or by any tutor, curator, executor, administrator, or other person having then power to receive the money secured by such hypothec or the interest thereof, the person requiring the renewal signing the notice thereof in any such quality as aforesaid; 3. The renewal of the registration of any hypothec shall not be considered as a renewal of the hypothec itself; and the abridged expression "Renewal of Hypothecs" or other like expression used in chapter thirty-seven of the Consolidated Statutes for Lower Canada, shall be understood as meaning the renewal of the registration of such hypothecs, as provided for by section forty-nine of the Act last cited. 4. It shall be the duty of any Notary upon executing any send copies of total or partial discharge of any hypothec, forthwith to deliver quittance or discharge or forward by mail, a copy thereof for the purpose of registrato Registrar. tion, to the Registrar of the proper registration division; and Fee. for such quittance or discharge the Notary shall be entitled to charge one dollar, and the cost of registration and transinission, and no more; and out of any moneys paid into his hands on the execution of the quittance or discharge, the Notary shall retain an amount sufficient to pay for the cost of registration and transmission, unless the same be then paid to him, or charged by him as hereinafter provided : How to be paid. Or charged. Creditor to see that discharge is registered and liable for neglect, 2. If no money be paid into the hands of the Notary, out of which the cost of registration and transmission can be retained, the Notary shall charge the same to the debtor unless it be agreed between the parties that it shall be charged to the creditor; 3. And in all cases it shall be the duty of the creditor to see that the discharge is duly transmitted and registered, and if it be not so registered, the creditor shall be responsible for any costs which may, at any time, be incurred by any person by reason reason of such non-registration; and the creditor shall not be bound to execute any quittance or discharge, either notarial or before witnesses, unless he be satisfied that the debtor will register the same, or the discharge or a duplicate or authentic copy thereof be left in his hands, with a sufficient sum of money to pay the cost of registration and transmission. 5. Section twenty-one of chapter thirty-seven, above cited, shall hereafter be read and construed as though after the words "in Upper Canada," in the eighth line thereof, the following words were inserted, or before a Justice of Peace." How sect. 21, Con. strued. full length, bé evidence in 2 certain cases. 6. And whereas it is expedient to extend to authentic docu- Copies of any ments and instruments registered at full length, certain pro- instruments visions of section twenty of the said chapter thirty-seven of the registered at Consolidated Statutes for Lower Canada, therefore it is certified by enacted, that all copies of authentic or notarial documents, Registrar, to instruments in writing, extracts from notarial instruments, judgments, judicial acts or proceedings, or other matters of record, acts or things, lawfully registered by transcribing the same at full length into the proper books of registration in the proper registry office, certified by the Registrar having the custody of such books, shall be sufficient evidence of such authentic or notarial documents, instruments in writing, extracts from notarial instruments, judgments, judicial acts or proceedings, or other matters of record, acts or things so registered, if the originals be destroyed by fire or other accident, or otherwise lost. 7. And for the removal of doubts, it is declared and enacted Certain errors that no error of omission or commission in the registration by not to affect the registratranscription at full length, of any judicial act or proceeding, ther document or instrument, whether authentic, or notarial, or executed before witnesses, and whether such error be that of the Registrar, or be occasioned by any incorrectness in the copy furnished to him, shall be held to affect the validity of the registration, if such error be not in a material provision which would require to be noticed in a memorial for Registration, or in a Registrar's certificate. DISCHARGE OF HYPOTHECS. 8. For the removal of doubts, it is hereby declared and How the disenacted, that upon the production and delivery to the Registrar charge of hyof the County or Registration Division in which any hypothec, pothecs in special or general, tacit or express, in favour of the Crown, has Crown may been registered,— be registered. 1. Of a copy of any order of the Governor in Council, certified by the Clerk of the Executive Council or his deputy,---or favor of the Registration of the discharge of a life rent. 2. Of a certificate of Her Majesty's Attorney General or Solicitor General for Lower Canada, Stating that such hypothec has been wholly or partially discharged or extinguished---such Registrar shall make an entry in the margin of the register against the registry of such hypothec, or of the notarial obligation, judgment, judicial act or proceeding, recognizance, bond, or other document, privileged or hypothecary right or claim, on which such hypothec is founded, of the total or partial discharge or extinction thereof according to the tenor of such copy of an Order in Council, or of such certificate, either of which shall be deemed authentic, and shall be a sufficient authority to the Registrar for making such entry without any affidavit or proof whatever, and shall operate such total or partial discharge or extinction. The following paragraph is added to the thirty-ninth section of the Act aforesaid, chapter thirty-seven of the Consolidated Statutes for Lower Canada, and shall form part thereof : 2." It shall be the duty of every registrar of a county or registration division to proceed to the cancellation of any hypothec registered in his office, created for the purpose of securing the payment of a life rent, (rente viagère) in so far as it relates to the capital of the said life rent, upon the production of a certificate, in due form of law, of the death of the person entitled to such life rent, and also of an affidavit identifying such person; which said affidavit may be made in the form, and before any of the persons, appointed by the next preceding paragraph; and the final and complete cancellation of such hypothec shall be effected upon the further production of a discharge in full of all arrears of such life rent up to the time of the decease of the person entitled thereto." DOWER. Children may 9. The following words are added to the fifty-third section release their of the said Act, and shall be deemed part thereof: "But right to dower children who have attained the age of twenty-one years, may, not then open. after the death of their mother, release any customary or stipu Registrars to lated (préfix) dower constituted by their father for the benefit of their deceased mother, before the opening of such dower, in all cases in which, and in the same manner as their mother could have released the same during her lifetime, under the provisions of the next preceding section, and such release shall have the same force and effect as if it had been executed by the mother." OFFICIAL PLANS AND BOOKS OF REFERENCE. 10. Every Registrar shall be bound to assist gratis to the assist in pre- best of his ability in the preparation of the official plans and paring. books books of reference to be prepared under the provisions of the said chapter thirty-seven of the Consolidated Statutes for Lower Canada, in any way in which the Commissioner of Crown Lands shall require his assistance; and the corporation of every local or county municipality, city or town, shall, if required by the said commissioner, furnish him gratis with the description and extent of the lots and parcels of land within their municipality and the names of the owners thereof, so far as the same can be ascertained from the assessment or valuation rolls or from any other documents in their possession. rections may be made at any time. 11. Corrections in any plan and book of reference may be Certain cormade in the manner provided by section seventy-one of the Act last cited, at any time, and whenever any error in the description or extent of any lot or parcel of land or the name of the owner, (as they were at the time such plan or book was made) shall be discovered; and no error in any such description, extent or name shall be construed to give any party a better title to the lot or parcel of land to which such error relates, or in any way to affect the title of any person to the same. INTERPRETATION. 12. This Act shall be construed as forming one Act with Interpretathe Acts therein cited, and all words and expressions shall tion. have the same intent and meaning in this Act as in the said Acts. CAP. XLI. An Act respecting Jurors and Juries. [Assented to 30th June, 1864.] ER Majesty, by and with the advice and consent of the Preamble. follows: QUALIFICATION OF JURORS. 1. The following persons and no others, (subject to the Grand Jurors. exemptions and disqualifications hereinafter provided for), are qualified to act, and shall, when duly chosen and summoned, be bound to serve as Grand Jurors, namely: 2. Every male person resident in a town or city containing In Towns and at least twenty thousand inhabitants, or in the banlieue thereof, Cities. and within ten leagues of the place of holding the Court in the district in which he resides, who is assessed upon the valuation roll of such town or city, as proprietor of immovable property of an assessed total value above two thousand dollars, or as occupant or lessee of immovable property of an assessed annual In other Municipalities. Petit Jurors. In Towns and In other Mu annual value above two hundred dollars; or who is a Justice of the Peace and has duly qualified as such; 3. Within the limits of any other Municipality, every male person resident within ten leagues of the place of holding the Court, in the district in which he resides, who is assessed upon the valuation roll of such Municipality as proprietor of immovable property of an assessed total value above one thousand dollars, or as occupant or lessee of immovable property of an assessed annual value above one hundred dollars. 2. The following persons and no others, (subject to the exemptions and disqualifications hereinafter provided for,) are qualified to act, and shall, when duly chosen and summoned, be bound to serve as Petit Jurors: 2. Every male person resident in a town or city containing at least twenty thousand inhabitants, or in the banlieue thereof, and within ten leagues of the place of holding the Court in the district in which he resides, who is assessed upon the valuation roll of such town or city, as proprietor of immovable property of an assessed total value of at least five hundred dollars, but not more than two thousand dollars, or as occupant or lessee of immovable property of an assessed annual value of at least fifty dollars, but not more than two hundred dollars, except Justices of the Peace duly qualified as such; 3. Within the limits of any other Municipality, every male nicipalities. person resident within ten leagues of the place of holding the Court in the district in which he resides, who is assessed upon the valuation roll of such Municipality, as proprietor of immovable property of an assessed total value of at least four hundred dollars, but not more than one thousand dollars, or as occupant or lessee of immovable property of an assessed annual value of at least forty dollars, but not more than one hundred dollars. Exemptions in addition to those under the Militia Laws, &c. Public Servants, &c. EXEMPTIONS. 3. In addition to the exemptions provided for by the eightyseventh chapter of the Consolidated Statutes of Canada, Members of the Executive Council, Members of the Legislative Council, Members of the Legislative Assembly, the Clergy, Advocates and Attorneys practising in the Courts, Clerks of the Court of Queen's Bench, Prothonotaries of the Superior Court, Clerks of the Crown and of the General or Quarter Sessions of the Peace, Clerks of the Circuit Court, the other Officers of the said Courts, Coroners, Gaolers, Keepers of Houses of Correction, Sheriffs and Sheriff's Officers, Constables or Bailiffs, Officers of the Customs, all persons in the Civil Service of Her Majesty's Government, under either Imperial or Provincial Appointment, the Officers, non-commissioned Officers |