and delivered the said deed, as his free and voluntary act, for the uses and purposes therein set forth.

Given under my hand and

of

seal this

in the year of our Lord one thousand nine hundred and

(163.)

day

(Signature.) (Seal.)

Acknowledgment of Grantor and Wife identified, before Commissioner for another State.

commissioner for the State of (name of the State of which he is commis sioner) resident in the

of

duly appointed, commissioned, and sworn to take acknowledgments and proof of deeds and other writings in the State of to be used or recorded in the said State of (name of the State of which he is commissioner) and to administer oaths and affirmations, and to take depositions in said State of to be used within the said State of

appeared (name of grantor) and (name of wife of grantor) his wife, who are satisfactorily proven to me to be the individuals described in, and who exc cuted the within deed, from said (name of grantor) and wife to (name of grantee) by the oath of (witnesses to their identity) who being by me duly cautioned and sworn, deposed that he knew them, the individuals, then present, to be the persons described in, and who executed the within deed. The said and his wife, then and there acknowledged to me that they executed the said deed for the purposes therein mentioned; and the said (name of the wife) being examined by me privily, and apart from her said husband, and the contents and effect of the said deed being by me first duly explained to her, did then and there acknowledge that she executed the same for the purposes therein mentioned, freely and without compulsion of or from her said husband. In Witness Whereof, I have hereunto set my hand and affixed the sea' of my office, on the in the year

day of

of our Lord one thousand nine hundred and

(Signature.) (Seal.)

Dominion of Canada.

The two Canadas were separated as to civil rights in 1791, and the French laws were allowed to remain in force in Lower Canada, while the civil laws of England were declared to be in force in Upper Canada. Now, both of these provinces, and with

them nearly all the other British provinces in North America, are consolidated into the Dominion of Canada. But the same distinction of law continues to a considerable extent. In the Province of Quebec, formerly Lower Canada, the principles, forms, and usages of the French law prevail largely; while, in the other provinces, the common law of England prevails, as in the United States generally, and the forms and usages are substantially similar in all of them.

We give selected forms of deeds of grant and sac, mortgages, and leases, from different provinces, which we believe will suffice for practice generally throughout the Dominion. There are certain provisions, which, though not universal, are prevalent, and would always be safe and prudent. Deeds conveying land are now almost universally registered, and there should be a subscribing witness, who declares in an affidavit his name, residence, and occupation, and makes oath: 1. To the execution of the original, and of the duplicate, if there be one. 2. To the place and date of execution. 3. That he knew the parties to the instrument, or one or more of them, as the case may be. If the deed be made in Quebec, it should be executed before a judge, or prothonotary, or the clerk of the Circuit Court, or a commissioner empowered to take affidavits, or a notary public.

(164.)

Deed of Land in use in the Province of Ontario.

This Indenture, Made (in duplicate) the one thousand nine hundred and

day of

in pursuance of the Act respecting short forms of conveyances, between (here insert the name, occupation, and residence of the grantor or grantors) of the first part, and (here insert the name, occupation, and residence of the grantee or grantees) of the second part,

Witnesseth, That in consideration of (here insert the price paid) of lawful money of Canada, now paid by the said part of the second part to the said part of the first part (the receipt whereof is hereby by acknowledged), the said part of the first part do grant unto the said part of heirs and assigns forever, all and singular th certain parcel or tract of land and premises situate, lying and being (here insert a description of the premises sold, substantially the same as in Form 107).

part,

To Have and to Hold unto the said part of the

part,

heirs and assigns, to and for their sole and only use forever: subject, nevertheless, to the reservations, limitations, provisos, and conditions expressed in the original grant thereof from the Crown. And the said part of the first part release to the said part of the claims upon the said lands.

part all

In Witness Whereof, The said parties hereto have hereunto set their hands and seals.

was personally present and did see the within instrument and duplicate duly signed, sealed, and executed by

the part at the

thereto. 2. That the said instrument and duplicate were executed

4. That I am a subscribing witness to the said

instrument and duplicate. Sworn before me at the

this

day of

in the year of our Lord 18 A Commissioner for taking affidavits in B. R., &c.

(165.)

Deed of Land with Mortgage Back to secure the Price, in use in the Province of Quebec.

On This Day, the one thousand nine hundred and

of

in the year of our Lord before the undersigned public

notar, duly commissioned and sworn, in and for the heretofore Province of Lower Canada, now the Province of Quebec, in the Dominion of Canada, residing in the city of Montreal, in the said Province, personally appeared (name, residence, and occupation of the grantor or grantors) who acknowledged and confessed to have bargained, sold, assigned, transferred, and made over, and by these presents do bargain, sell, assign, transfer, and make over, from henceforth and forever, with promise of warranty against all gifts, dowers, mortgages, substitutions, alienations, and other hindrances whatsoever, to (name, residence, and occupation of the grantee or grantees) part to these presents, and accepting thereof, for heirs and assigns,

(the description of the premises conveyed substantially as in Form 107,) with all and every the members and appurtenances thereunto belonging, of all which the said purchaser declare to have a perfect knowledge, as having seen and viewed the same, and therewith content and satisfied. Which said vendor lawfully seized thereof, by virtue of a good and sufficient title, the same having been acquired (here give a brief but accurate account or abstract of the title). The aforesaid hereby bargained and sold

To Have, Hold, Use, and Enjoy the aforesaid bargained and sold and premises, with their rights, members, and appur. tenances, unto the said heirs and assigns, as their own proper freehold forever, by virtue of these presents, to enter upon and take possession of the aforesaid and premises The present bargain and sale is made in manner as aforesaid, for and in consideration of the sum of

And for Security of the due and faithful payment of the said balance of consideration money and interest, the hereby bargained and sold lot of and premises, are, by these presents, specially, and by privilege of bailleur de fonds, mortgaged and hypothecated. And, as further security, the said purchaser do hereby bind and oblige immediately to insure and to keep constantly insured at

own cost and expense against loss by fire, with such insurance company or companies as the said vendor or representatives may approve of, for a sum of money equal to the amount of the present obligation, the house and other buildings erected on the above-described piece and parcel of land, and to transfer to the said vendor and representatives the policy or policies of such insurance and insurances, together with the sum of money thereby insured, the whole as long as any part or portion of the said amount in principal or interest may remain unpaid. Failing which, the said vendor heirs and assigns, shall have the right to do so, and the said pur heirs and representatives, shall be bound to repay on demand to the said vendor heirs and assigns, all such sum and sums of money which he or they may have expended in so doing; and for security thereof the said premises are hereby further hypothecated to the extent of

chaser

And in consideration of the premises, the said vendor do hereby trans fer and set over to the said purchaser all right of property, claim, title, interest, demand, seizin, possession, and other rights whatsoever, which the said vendor can have, demand, or pretend in or upon the aforesaid hereby bargained and sold lot piece or parcel of land and premises of which in favor of the said purchaser

hereby divest heirs and assigns consenting and agreeing, that the said purchaser be, and remain seized and invested with the full and entire possession thereof, and for that purpose, do hereby constitute the bearer of these presents Attorney, to whom give all necessary power and authority to that effect,—

For thus, &c.

And at the making and passing of these presents also personally appeared and intervened Dame wife of the said by her said husband duly and specially authorized for all and every the effects and purposes hereof; who, after having had and taken communication of the foregoing deed of sale, declared to have renounced, as by these presents, she doth, as well in her own name and behalf, as for and in the name and on behalf of her child or children born or to be born, issue of her marriage with the said renounce to all dower and all right and

title of dower, soit coutumier ou préfix which she, the sa

might or of right ought to have or claim in or upon the above-described and hereby bargained and sold lot, piece, or parcel of land and premises, of which she hereby divests herself and her said children, declaring the said property and every part thereof, hereby freed, cleared, and discharged of and from all her said rights of dower, and all other her matrimonial rights and claims, whether legal, stipulated, or customary.

And for the execution of these presents, and of every the premises, the jaid parties have elected their domicil at the place above mentioned. Where, etc.-Notwithstanding, etc.-Promising, etc.-Obliging, etc.-ReBouncing, etc.

Done and Passed at the said city of Montreal, in the office of the said Notary, on the day, month, and year first before written, noon, and signed by the said with,

in the and in the presence of said Notary, also hereunto subscribing, these presents having been first duly read and executed under the number

Deed of Land with Covenants and Release of Dower, in use in the Province of Ontario.

day of

in

This Indenture, Made (in duplicate) the in the year of our Lord one thousand nine hundred and pursuance of the Act respecting short forms of corveyances, between (here insert the name, residence, and occupation of the grantor or grantors) of the first part (here insert the name of the wife of the grantor), wi of the said part of the first part; of the second part; and (nere insert the name, residence, and occupation of the grantee or grantees) of the third part.

of lawful money of

Witnesseth, That in consideration of Canada, now paid by the said part of the third part, to the said part of the first part (the receipt whereof is hereby by acknowledged), he the said part of the first part, do grant unto the said part of the third part, heirs and assigns forever, all and singular th certain parcel or tract of land and premises situate, lying, and being (here insert the description of the premises conveyed, substantially as in Form 107).

of the third part,

heirs

To Have and to Hold unto the said part and assigns, to and for and their sole and only use forever; subject, nevertheless, to the reservations, limitations, provisos, and conditions expressed in the original grant thereof from the Crown.

The said part of the first part covenant with the said part of the third part that he ha the right to convey the said lands to the said part of the third part, notwithstanding any act of the said part of the first part.

And that the said part of the third part shall have quiet possession of the said lands, free from all incumbrances.