The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 19 Mar 1885, p. 2

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. . __ di if"; caution in put on file, and no one can deal Hon. o. MUWAT-lt will no doubt _ is very important and can he clenrli 'l,T,'b1','v"i'd'l, with the pro arty without giving notice. . be on newer to my hon. friend's i I very few tyPrtly.. Our Ibsgistry " 'lT11'i"ll Mr. 'u1flirlhhrht1"llhl,'lt1 provnuon is made question to state that one such 1.fli, tor the rettit.rytiu!t of all conveyances. " when the caution u tiled by the guardian' ot on oer will he appointed for the .Provjnce, but I ' measure proVides for the regisirution of titles infant? that there " no reason why tlysregiatratioa should ,iono.. Uuder tha Registry Law it 1't'll"v"l"l,'e"d Mr. MOWA'r-Thm is s provision for the be eonfiued to one many. I think one one.» l sl', to register all the C0neeytuuMm that ave I? purpose. The Court has certain powers in this over the whole management would be per" _ executed from the time of the Crown Kraut. l)! respect. Now with and to the interests which tnanently necessary, or at any rate, for a great this system the Ito-ulster tells you 1"1l,', now tie are registered. They era tee simple, mortgages. many you-s, but their there may be registration ll owner. It does not "cord how he ecame t e and long lenses. The two former of those I hove districts, so that it will not be necessary to bring p mm"! but "how, directly who the ,"i','i'v'gt'd'l'ld'p, already dealt with. Lone lo men are much more all these transactions here. These colonial Acts ' and 'r"t""ttt" with "ll the Trl'" 1',v/,'l', tgation common in England than in this country, yet continued clauses making changes in the general ' and sunning of title». he mil,', " till", they are common enough to require pron- law in respect both to lands which did come i onsbUs P' t". "certain _ ow t l. I n sion for In Toronto there is a consider. under the operation of the Act, sud also I stand ttt th.is way ..--You have memo- ablo anionnt of leasehold property. There to those which did not. 1 have not thought pro" ," V rialts "d "pm. of all the venous convev~ are three cases which this [Bill provides per to do this. The most important of tlure I 'i. BttMtt. ' Islet, 1'fl,11 are .rourt1't'hit,t.',,ttthu.' for ..--Ono is the absolute, where the party clninis clauses removes tlicdifierence between the descent l t,t'f,1"l'u" hill: 'i',e"d,nn'"ij, "Emir; every dtsed to establish an absolute title. The second class " of rteal and personal] estates. I have brought l 'dhW, what the Lifect of it is, and likewise to called _ gt ',,rlfl',vv'i'/c'/, i'l'g'lg'/i,',' zip-21:211.? "lu/hte: . ' . . dre, t A QUALIFIED TITLE, l m e T..' . ie anions l i: live ' examine every inorthnire and document i F": "38 . . . l . t am late been speaking of, is that doing away with l the land in question. He is then to form his own where it is found tlint the tit a ." no f , p .'" l Dowery Acts. I do not prOpose to change the conclusion in to the rcsuit of the wtwle, Tltioits where thtgre isadu.trt.t,t m the title $313 law on that subject. The Bill as it stands l l n! to whether tho person is really the the proof. ll? fpstr a. ertitioa.ts ot n quai 'li now is oonfined to Toronto and York. C, owner or not. Tha itumeiito: 1hfforeneo between title. The third class is found more fpquent I The l . the two systems is ilius very manifest. In the in the Old Country, where the title is a. 1"I REASON FOR LIMITING system embodied in this Bill you have holding title, by v',,";'.""";'",,'?;,:),':',:,',',',":,)",',),',):,' it t this 1 eality h tl . . tl t it . . . ' FW' tin-co on npurc use . l o o l in meantime is in l is , ALL 'Y Am AATAM'S present defect in the title or from want of present desirable to gain a pearls experience before ex. of the prtme.nt Rmtistry Iruv. Although the pres- evidence. It is of immense important" to allow tending it to the rest of the l'rovmce. That is out systeinis so eumberrotyra.tulrtuuiressomut.h the title to be registered. and so to m."' asliort time for the introduecion ct" so great a ruins andaccuraey, yet " involyes a. certain all the expense and trouble of these ."" change as our Bull provides tor, and it will be of amount of uncertainty. I have IU TY own _ vtsstigatiorvs. All subsequent . trsttssetioo grout value to us, m applying the measure to the l pcrieneeisad tteverBr examples of tities wlt.ic.it are thus curried on in the simple" way. irest of the Province. tokuow liowit ins worked hae., been passed after a thorough seircli. which Now, notwithonding all possible care with l here, and it wilt enable us to make those changes l l . . after all had '"P"' blots about thorn. Many of regard to titles on the part of the officers and on l which experience teaches Its are "mean". fox-the l l , sutth "'9' ""ole.a large auy:unt of money 9nd the part otjudiros and huvyers, cases may .nrise purpose of its working well in the rest oi the l ' cause very great Illsties".. lavei'y 'Y"' having of theirloeiurt in error, and cure may Mine of! country. The question hon. gentlemen calc w m . i Buy acqiiuintsnce at all with tltitt "my?" knows fraud being perpetrated by Home one or 'mother, reference to local registration is one of consider ' that case! have occurred when defective titlo and to nyrard tutainst damage or lo" from that 'ill " " "l "tlcy arid l feel th st 1 civil l in»; dv, i'mllN'. have been passed by several .uovyors and very cause in'" tliose Australasian Colonies where the thing it'll." till-l: ilii'ii we lite A urcn'rr oxpcru serious difficulties hey arisen in r'"',-',','"",,?,',',',',',",',; t tttaut was tirat introduced, n provision was made once. .. " u .. - great amount of .t.ri1?yyy.'.t.tf.1t,s, " 'ifllh,', " for an M". Mlil'diI)1Trr-is it we intention to pay s'rdti, 'ft,',',','?, m "I?! "llviiq.','1ell'a, t',ll'e"d,l/'lll'. ASSURAXCE FUND the .',Gstui. ol Titio< by salary or by ivest ( nmos serious CVI , . I ' . . _ T' l, ltr ,.. . artP ' i, '. hintnly years to be ineuratre. Under the 1'1'93993' by which persons mis,Cht., be indemnified. This I" 1e/,'rii.h?.il-,)') Tilly "'i'i'.ii:uio":'/',t.iti.'..:t'tj,' system there is always more or less 'i'.'.lay, in, Assuvanctoh'und makes it iiiiposiiible that through Tilda? i x3372" C" l . iv n t: " . t i, "if: if g of iris aching A title. Senntiiurs the investigation my fr..ul "a. error {my PM}! "I can "T,', .hm land any; n/d,"';).",'),"");:"',', i Ill'xli'lllgil ",.rs,t,',e,siovh. may be mad: in xi short time. It Hum-times wi+out,cotntr,enaation being had. llizs fund " voub'li'u'i' "no: if: cliyn" l 1 "have "Ci happens that the title is found to be in such a 1usdo up by n. vccy,sa.ycl, v:wtn.utyt.beityr mode fin Yt i . iy tl i. il, u . l I ' 1.51.1 law 'ers an emditsoa that several day' are reqwred by a Inn-gun on [Wm-,1 application for ntitle , LA in re a so 'i'll"%l ie i.)', 1 tr before it can he made trend. In some unler the Act. Tins Bill proposes that when a rim-3v?" copper [to P, . ci'el. dialer; Noel cases weeks, and in others months. are necee- person first applies for n title he shall pay 'c'l,',Ee,crvsf'ali"vijtrif:',r"l1t,",', Ii: 'i'l'U/l,"r"1/Ci2ed."J15, um andl ttave found in some CtWtMt that " luis oanuurtor oi Dirt! per cent (in the value of his tt CC," 0-1;: ide id" llyu l ii," In ir-lieisive at tahen Zuni. If it is worth 81.090 he payli ir,',?) ' 1' I'm ' 3...:'1' A F '11flii"/, l'be MORE THAN A run. in S2 iso, Mid So on. (ll course it 1 " will: W'mm' ",iy.lfiv..? 'll', or. l "Hill b . ' . n " wry t:ifr.sv4 sum. It is the some as in the y.uwdualio WM 'je. land m l)" fiT/"l.T .wi 9 Those ovrls rue cullitn-"Jy I'n.erc'/vittt7o T The "I Australasiuu Colonies where it has been found broiurlti, under tisis Ant. ll eil "4?"- tt " to ls pause of thainvenirtiouundcv,ti" lj.',:':,",,",."",':','.?',.',',' abundantly sulii,nevt, and, in fact, in some of itbrlurgcd that land only comes yum". the opera: ' i' also , very "mnnmit crerd. tuition}. "val: them there has been no nocnssily for drawimr. :30" l" the Act Mtur a t.huroirgis examination o; transaction that takes P one ri qmrmi an t 'li' "giro up "I the, fund " all, Bo vi?ective is the system] Lilo. title, and if the Act." main as popnmr as 1 to bo done over 35mm. Piy.Tyia1sjf.t.'yy,'., thi We against, fraud. S , that by this very small allow-l, believe tl, Ti?,, the", "u". In, it Ge Elma"? e.NBtt" ellect of increasing the d ilicuty and!" 'el'!.;,'. I" once waNcecw.demuitv iiobtsiued. It is irupors matron of tlic titles lit the meantime than F title more ttttyor-tted:, ..H 'W GO" t. "l. "f," l l" not to know that the law has been tried. It isl there. "T/y, le ' without Ile, chunk}? t.r:n tuutt-ls' t-lzf'utl "st.',? in in: his. pure-lint less than thirty yours since it was introduced. It, I think that 1:11st . coiieiderntions it'll. lu' "il " tlt-ht-ua ,slsou,d f'.' "rte.tiroooiclt_irt. Was then an cxporittiont and met with n good! PWVUHE the by"? sulfur/tng {is mutrt " they it'. A: Ill ill oi tun lulv. .'1 int lzive tum; )Xl do..l of onpositimi. It was first introduced in l, laiicy they uill. sulfur, but at nil events we :tllfoel his ban filllldl by , "il)"""""', in countries South Australia by n gentleman who thought that. wlratoveri, for the public good must no hm" 's:nc, syitt','st .""I brn trivd, ts "ts..vcir there Wats no reason why the titles to land midi earried "ut, whoever may ba 11.re surtsrqis. . We liztlo PM") Chill:.l!~.l,',-. "Until on,.' only. my their trantdru. should not be as 3mm]? as in the] all] feel that if t,,l,',eiiyt',snt, sys.eiii is adopted-w? ', f'"'""*"" tr, 'r1ly-"'"u11yt ls "WW" "Tl 'y'"".' cm oi titlm to mapping, and after Jrcussimrthe; ' mil "eve yyf.yyrrli'tl, in: 'trestestrerotan "he; .llllci ll is t". Jil hf" I, l .lioroii,;li unofiigntiou H subject thoroughly induced the Legislature topttst) has taken p.110: dull :5 inc not twelve years. l made by tltorouiricy comp tom: "1 Lilac-s, Wllo an Act. L, is ttow introduced into every one of move the second angling of the Bl. . . . ' have thA duty ""5""! to than. we" ttv'triurt' the AuV.lvian L',dotries and there is i10l yy, y.l.s'lthu'i-uiil., 1y.ute c°."""° of . t.ri.tieisp " token to iii'ttlil') nc9'1r.icy. and to mike sure 'tugs,rostio'nmo.1e that it dogs not Work well and, of the bill, ".xprust-:l hiuisell in fyvfnu' of its obs tlist ti, tiys't .w!" "RH." "gist,,'" "S the mm" Leon a inn-it bettufiecai Act, and we have the', J0". but _ol/jeet.eo.l to r "we ".1. tttt renturps. real Y. IV'CCilpl in that [ii-sit ".1. l' ir this purpose tnuttt, satisfactory evidence- becaurus the system: He opposed the idea or. eopirerr..ing. poops to it" f? 2M1" "H."" .d to be, prrtlrrc'HI Cittt tlto attracted attention in England likewise. Com~| 2'a'net'2 ley bu/me? til tryts[orrimt ti.tles at mini is us, 3 certziissito trom lili) Inglornr n. to missions wereissuod and Wore addressed to "rrl, lorozito, vvliicn ltr, fyy..afte,t1zid as ii piece of all the c 'n'1'yauey"', etc, and ti coming-ate ",,,to atru metr-e'tratuusllors, julges, lawyers andl ouy.trarizaticny There inns... no it woody method the ownership iroip the Oll'lul ryt".ra.r. Tit? others-tor takure ovideucoas to the work of "mi of investigation, means ot .,1.y,'cvity5, examination cilia-or to Ty'tn tiys ast duty " assigned " ci'.led system in those colonies. Wo have the results oil and Tgrytrutott " conyonlent parcels. and the ltorisirsr-t. u ral "r their investigations, from which it is perfectlyl facility tor Weedy oWtrauott. J,tt'ta: 'u',",at2 MAsiil.'t or TITLL'fy. manifest that the system has been n grout suc- 1'30???" t,',"l,ay,t ttic',,:'),';".'):', :0 J, W "3009' I have ndoptcd llii lath-r name in the Bill. Ho cuss . that it has thus eibset of preventing frsud3,| T331133: 11:13:01": fill-imam; it (Ill"'.,",.',',,', to investigate» [Elli thorough'y. It it iippuui's that of (tcil.it.at.ityr transfers, of "W""? 1nf"it.tie.sy. be a i1rieirt',' as the .y'" 1,1641 that it would be tin-re Ls some one who." IIJlllo appears in thocon, of uirn,ittil,tnsr the expense. li iually an /et: w.'" Ho was sorry the h)"; vi,:',)..',"::,)',?,,,',,', did not see iii; vcyuuer't who may have a unlit to the property passed in Ihudand which adapted all the maini way to doing mm , will: -ti'/i"ir'iC,i iiiiiii', ho rcceives iiotiirc that h: lii.iy talce steps to I FAWN" of the 1yy_ry/i.i',n, system, und_ w Mr RUBHJI is") s"ii'i'e's'iiid the Jamil.» .v. . .: w F.. ' . l . 1'. ii _ u e . . . -.. In tie "my! l,is right. .m that every possum in'iipoii that Act that tl I]! list und. tH,ra,t,u l ms!" of "diving called Tiii,, iispiiiii"iri'ii'/t stop is 3 icon to secure against error. For the Bill that had the approval of all pt".t/ys un Eng. " l I " f I C. . . . _ . . . n -ll t tl f il Y tl . y t- thrnuglithe couiiiry, Mitre lawyers might give lira: extttniiiatiort ..tdvciti,setneut.V to be m (ii land lheu , m'.] """t, tsro am m" MI ttrue "?f iron advias to our Jeo slo m connection with tha: poi-sous who may haw,- an interest in tho I ttual/ad to do titat with the 1u9mf"'a regarding this iiiiic'iU, JI', 831111;}: doctors were in the property uull reccivt, notice. It tuu.t Blrpelu' l the system, and afterwards with the preparation 1 bit I l . I that tho appheoac is in actual possession of lilo l ot the report upon It. I have compared this li '"r1"ly?cn id l l , t l l t 'A'. " . Hun tho inve,ti 'Lttion is concluded , ' r. _ ds b m" m t mug" t w swyers o ' p313 LUSH. fir 's',', iiiGr'iiiri tl e applicant 3501.13" ACT the House agreed with the general principle of it; IJ-;'.'l'lI l.i~' T ..'. ' . . . is really the on ncr of the property he rulers this with the Acts of tho Coloiiiex, end that cornpnri- the Bpd. . y',i,trfyy,l to tlie . Ippe,s,t,i.e. m the . . ' , _ I . h meantime of the Act to the City Oi Toronto and in his register and the, title ligcomc. good. A'.l son has s.itisned mo t tat irons muc more scien- . - . . . r,' t _ . . t . - . . , ' . county ofYork, and LO liaviug the ofhcer in To tom 1. "u'u"tialy m". f..rilioowncr to do to titieally end much more simply exlrlssed than . y 1l l ' t ffe f , " . V i. 'l. ' , " M . . . " . ' M ' '.. t. ' ; lAct, were land also that it contains route. as that run. d intone t cet 0 centraiiz trltow l ls Ut C' to Iv., h od l, to 1"" 4ttue aeertiliear.o I them, co on" . ' . . iii the work in Cuttttttt3Uon with the trsnsfer of from the it 'gisirur or trim the Courts, and the I some DrOVMlOllS which ttre desirable OVOI' the!" tltgles ' C tizlo is no: tclowsl to be questioned. With in otlterruhpeco, end for that reason I thought li i, o 110WAT in answer to the or utnettt . rc'strwdtotltUcruiuottt st"P'. they are reduced " better to adopt Ity"' the bcust. Attention, tur withor'f ar; to i tralizatiott said 'E,' hon. to the created. possible sinip'icity. A form for Illkm'wi Watt first called tuthtt! 'pyteu? 1tt tl 6 e (If a t 'lf/li ti "iiii'io' l a. lied to : "s_,r.i..ss..l 'ho.). . .. i...,.' t oi rva ieiine l8 on 4Vlgll§l . legion in or mi to make the transfer as niiii,i.e hise int .. , ll t tl ll .D dM ll iysld Ile, 'leh"/llM,Q 'il'l it' P.. n 'trl, th as magma The mm, of tho purchaser i. pub. l the oflico ot the Munster of the Interior. Gm an 6"" otmddol 'dltlri1',',"ad) if" , stituied for the name of the procedure owner, I Ho pruparodabhll ytt.ty.le.d on these Auttrs.tla. yf,l1y..'ee came o a . p t , . L, . .. . " and a had it to the "a t . tori , the l ioiiiico then they would find the defects and n esitihcste is gmntod to the new man. The l flail Aha. t pp W em , . m l ined of rovided for There would be a ownership is roeer-aitusi, and I'hat Bill was printed, but he was not in "ttio, imp u . p . l F d _ h I ' .. . ., , . . long enough ulterwnrds to carry it through. considerable amount of lands brought un or t e . I is Anon- rm. on '",P.'s' "BUT" After the Chang" of Parliament Mr. McCarthy let durinutlie yfenr, going" thflpeopl: would IU.' ' I the wlio.e thin: is done. rJIH applies to the took up the subject, and for two years brought in t is adiantage o seem, ow 18 eye lam wor er I sales of rryttne.ei 'and and mortgages of recrr n Billsubstiiutinlly in accord m 30mg retrpeets with Ho llld been informed by Pe agent emau here l tered lan l. Wiasn n iiiortgngo h paid off this " "m, Bill, but dimmutt in others. Tm, year Hon, that he was prepared to bring 8200,000 worth of l sunply registered. Pur.eons .iifterwnrils dealing: l Alexander Campbell has prepared a Bill and property under the Act as animals it wash passed. l with the property havo ttothinst. to do with the introduced it as a Government measure, and I F Was not tho offitl1"l1lRf. to rogues t a guess r mortgage. . micro ".0 only certain cusses of up have iiodoubrtliosystcni willbeadopted throueh. tron of dimers. the utusitlney o the present- a lewd! which witl not, ba . trotttod tn I out the whole North-West Territories. low upon that subject was a proper sabjeot for this wny. Trusts pre not .rosdutyyd, these Mr. G'IBt"sUN (Htuniltov)-When this Act discussion at another tune. A mortgage upon . involving very serious questions. The trus- cum", into general operation is it proposed " land could notbe mode without the consent of '. tees are registered no the owners of the have only one Master of Titles for the who] both husband undone, and he did not think i l property. tench persons fil? what " called in Province? 1 there was much diftieulrrabout that. i Enchant! a. caution accompanied by an affidavit. I - - _ -__ . - ... ... .

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