The Labrador Boundary


Privy Council Documents


Volume I
Contents




Creditors for Supplies for Fishery for current Season privileged, and be first paid 20s. in the Pound.

Proviso for prior Claims of Seamen or Domestic Servants.

Proceedings in Cases where Persons die insolvent.

Proviso for Judgment Creditors, &c.

Registrars of Deeds appointed.

Deeds to be registered at the Office of Registration within the District in which the Lands are situate, within a certain Time.

How Deeds verified before the Registrar.

Registrar to indorse on the Deed a Certificate of Registry.

Registrar to enter in the Book of Registry a Memorial of the Deed acknowledged before him.

Deeds hereafter to be made, conveying Lands, &c. not duly resgistered, declared void.

Supreme Court authorized to make Rules and Orders for the Registry of Deeds, &c.

Governor may make Ordinances for granting Licences for Retail of Ale and Spirits, and Appropriation of Sums arising thereby.

His Majesty may grant Charters for establishing Cor-porations for the Government of Towns.

Continuance of Act.


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every Suit or Action which may at any Time thereafter be brought in any Court in the said Island or Colony of Newfoundland or its Dependencies, for any Debt or Contract for Payment of Money due or entered into by such Person or Persons prior to the Time of his, her or their being declared insolvent as aforesaid; and if any Person or Persons so declared insolvent as aforesaid shall fail to make a true Disclosure and Discovery of all his, her or their Estate or Estates, and Effects, or shall otherwise refuse to conform to the Orders or Directions of the said Judges respectively, it shall be lawful for the said Judges respectively to cause such Person or Persons to be arrested and imprisoned until he, she or they shall make such Disclosure and Discovery, and in all respects conform to the Orders of the said Judges respectively.

    XXV. And be it further enacted, That in the Distribution to be made of the Produce of the Estates and Effects of ever Person or Persons hereafter declared insolvent in Newfoundland or its Dependencies as aforesaid, every Creditor for Supplies necessary, and furnished bonâ fide for the Fishery, during the current Season, (that is to say,) at any Time after the Close of the last preceding Season of the Fishery, shall be considered as a privileged Creditor, and shall first be paid Twenty Shillings in the Pound, so far as the Estates and Effects of such insolvent Person or Persons, which may be realized in Newfoundland or its Dependencies, will go, and that all other Creditors shall be paid equally and rateably: Provided always, that nothing in this Act contained shall affect the prior Claims of Seamen and other Servants, actually employed in the catching and taking of Fish and Oil, upon all Fish and Oil caught by the Hirers or Employers of such Seamen, Fishermen or Servants, or the Produce or Value thereof; and also provided that menial or domestic Servants shall in all Cases be paid the Balance of their last preceding Year's Wages, out of the Household Furniture, Goods and Effects of every Person so declared insolvent.

    "XXVI. And Whereas it is expedient that the Estates and Effects of deceased Persons which may not be sufficient to pay all their just Debts should be distributed according to the Manner herein directed concerning the Estates and Effects of Persons declared insolvent;" Be it further enacted, That as often as any Person shall die in Newfoundland, or in any Place, or Seas, or Territory within the Government thereof, and the Estates and Effects of such Person shall not be sufficient to pay and satisfy all his or her just Debts, it shall be lawful for the said Courts respectively, at the Petition of the Executor or Executors, Administrator or Administrators of such deceased Person, or any One or more of his or her Creditors, to cause a true Statement of the Effects and Debts of such deceased Person be made in Writing by and upon the Oath of the said Executor or Executors, Administrator or Administrators, and laid before the said Courts respectively; and if it shall appear to the Court before which such Statement shall be laid, that the Estate and Effects of such deceased Person are not sufficient to pay all his or her just Debts, it shall be lawful for such Court to authorize and empower the Executor or Executors

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collect, sell and dispose of all the Estates and Effects of such deceased Person, and to distribute the Produce thereof amongst his or her Creditors, according to the Manner of Distribution by this Act directed in respect of the Estates of Persons declared insolvent, and always subject to the Orders and Directions of such Court: Provided always, that nothing herein contained shall be construed to affect the Right of any Creditor having a Judgment or Special Security for his or her Debts.

    "XXVII. And Whereas it is expedient that Provisions should be made for the Registration, within the said Colony of Newfoundland, of all Deeds, Wills and other Assurances whereby any Lands or Tenements therein situate may be granted, conveyed, devised, mortgaged, charged or otherwise affected;" Be it further enacted, That the Chief Clerk of the Supreme Court of Newfoundland shall be also the Registrar of Deeds within the District or Circuit in which the Town of St. John's may be situate, and that the Chief Clerks of each of the Circuit Courts to be holden in and for the Two other Districts of the said Colony, shall respectively be the Registrars of Deeds within such other Districts or Circuits; and in each of the said Three Districts an Office shall be kept by such Chief Clerk respectively, for the due Registration of all such Deeds, Wills and other Instruments as aforesaid.

    XXVIII. And be it further enacted, That all Deeds, Wills, Conveyances and other Assurances in Writing, of what Nature or Kind soever, whereby any Lands or Tenements situate in the said Colony, or the Dependencies thereof, may be hereafter granted, conveyed, devised, mortgaged, charged or otherwise affected or intended so to be, shall be registered at the Office of Registration within the District or Circuit in which such Lands may be situate; and that all such Deeds, Conveyances and other Assurances as aforesaid, shall be left for Registration at such Office within Six Months next after the Execution thereof, by the Party or Parties from whom any Interest may pass, in case such Party or Parties may, at the Time of such Execution thereof by him, her or them, be resident within the said Colony or its Dependencies, or within 30 Twelve Months in case such Party or Parties may at that Time be resident elsewhere; and all such Wills as aforesaid shall be left for Registration at such Office Twelve Months next after the Death of the Testator or Testatrix.

    XXIX. And be it further enacted, That some or one of the Parties executing any such Deed, Conveyance or other Assurance as aforesaid, shall appear before the Registrar of Deeds, and acknowledge the Execution thereof by them, him or her, or in case none of the Parties to any such Deed, Conveyance or Assurance shall be resident in the said Colony, then the same shall be acknowledged before the said Registrar of Deeds, by some Person duly appointed for that Purpose as the Attorney of such Parties; and in that Case the Execution of every such Deed, Conveyance or other Assurance shall be further verified by an Affidavit to be sworn before the Mayor or other principal Magistrate of any City, Town or Place in or near to which such Parties respectively may be resident; and such Affidavit shall also be preserved and registered at the Office of the said Registrar of Deeds.

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    XXX. And be it further enacted, That the Registrar of Deeds shall and he is hereby required to indorse and subscribe, on every such Deed Conveyance or other Assurance, a Certificate, in which shall be expressed the Day or Time when the same was so acknowledged before him, and the Names of the Person or Persons by whom such Acknowledgement was made, and the Time when the same was actually registered, and the Volume and Page in which the Registry thereof is entered; and every such Certificate so indorsed or subscribed shall be taken and allowed as Evidence of the due Registration of any such Deed, Conveyance or Assurance.

    XXXI. And be it further enacted, That the Registrar of Deeds shall and he is hereby required to enter in a Book of Registry, to be by him regularly kept for that Purpose, a Memorial of every Deed, Conveyance or Assurance which shall be so acknowledged before him; and every such Memorial shall contain a Statement of the Year and Day of the Month on which such Deed, Conveyance or Assurance shall bear Date, the Names and Additions of all and every the Parties, as well as the Names and Additions, if any, of the several subscribing Witnesses thereto, the Descriptions at Length of the Lands or Tenements conveyed or intended to be conveyed, charged or affected by such Deed, Conveyance or Assurance, as the same are therein described, and the Consideration of every such Deed, Conveyance or Assurance, as the same may be therein stated; all which Memorials shall be entered and recorded in the said Book of Registry with all convenient Dispatch, in the Order of Time in which the same may have been acknowledged before the said Registrar.

    XXXII. And be it further enacted, That every Deed, Conveyance or Assurance hereafter to be made, whereby any Lands or Tenements situate in Newfoundland, or the Dependencies thereof, shall be granted, conveyed, released, charged or incumbered, or intended so to be, which shall not be registered within the Time and in the Manner hereinbefore mentioned, shall, be absolutely null and void to all Intents and Purposes: Provided always, that every such Deed, Conveyance or Assurance shall be deemed and taken to be a registered Deed, Conveyance or Assurance within the Meaning of this Act, from the Time when the Execution thereof shall be acknowledged in Manner aforesaid before such Registrar of Deeds as aforesaid.

    XXXIII. And be it further enacted, That the Judges of the Supreme Court of Newfoundland shall be and they are hereby authorized to make any general Rules and Orders of Court for maintaining Order and Regularity in the Mode of taking such Acknowledgments, and registering such Deeds, Wills, Conveyances and other Assurances as aforesaid, and for executing the Duties of said Office of Registrar of Deeds; provided that such Rules and Orders be not in any wise repugnant to the Provisions of this present Act in that Behalf.

    "XXXIV. And Whereas the Justices of the Peace in Newfoundland have been used to grant Licences for the Retail of Ale and Spirituous Liquors, and it is proper to regulate the Sums to be demanded upon such

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Licences, and to make Provision for the Appropriation thereof, and for preventing Abuses in the granting of such Licences, and in the Sale of Spirits by unlicensed Persons in the said Colony;" Be it therefore enacted, That it shall and may be lawful for the Governor or acting Governor of Newfoundland to make, establish and ordain such Rules and Ordinances as to him may seem meet, respecting the granting of such Licences, and the recalling the same, and the Amount of the Sums to be demanded and taken for every such Licence, and the Appropriation of such Sums to His Majesty's Service in the said Colony, and for preventing the Retail of Ale and Spirituous Liquors by Persons not duly licensed, and to impose such pecuniary Fines or other Penalties as may be necessary for enforcing Obedience to any such Rules or Ordinances as aforesaid.

    XXXV. And be it further enacted, That it shall and may be lawful for His Majesty, by Charter or Letters Patent under the Great Seal to constitute and erect such Persons as to His Majesty shall seem meet a Body or Bodies Corporate and Politic, for the Government of any Town or Towns situate within the said Colony of Newfoundland or its Dependencies, and to grant to such Body or Bodies Politic and Corporate Power to make Bye Laws for regulating the Police of any such Town or Towns, and for the Prevention or Abatement of Nuisances therein, and for the Prevention of Accidents by Fire; and also to grant to any such Body or Bodies Politic and Corporate as aforesaid, the Power to impose and levy such reasonable and moderate Rates and Assessments upon the Inhabitants and Householders in such Town or Towns, as may be necessary for carrying into Effect the several Purposes aforesaid, or any of them; and it shall also be lawful for His Majesty, His Heirs and Successors, by any Order or Orders to be made by or with the Advice of His or Their Privy Council, to dissolve any such Corporation or Corporations as aforesaid, upon and subject to such Conditions and Regulations as may be made in and by any such Order or Orders in that Behalf.

    XXXVI. And be it further enacted, That this Act shall continue and be in force for Five Years from the passing thereof, and no longer.

[1927lab]



 

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