Power to borrow on the policy.

Provision in

case of death

before the insured of any ally entitled.

one benefici

Profits on a

policy may be

unable to continue to meet the premiums, it shall be lawful for him to surrender the policy to the company granting the same, and to accept in lieu thereof a paid up policy for such sum as the premiums paid would represent, payable at death in the same manner as the original policy; and the said company may accept such surrender, and grant such paid up policy notwithstanding any such declaration, or direction in favour of the wife and children or any or either of them of the insured.

5. It shall be lawful for the person insured, from time to time to borrow on the security of the policy such sums as may be necessary to keep the said policy in force, and the sums so borrowed shall be a first lien on the policy, notwithstanding any such direction in favor of the wife and children or any or either of them.

6. In the event of some of the parties for whose benefit the said insurance has been effected dying in the life-time of the insured, the moneys payable thereunder shall be payable to the surVivor or survivors of such parties, or in case they shall also die, to the executors or administrators of the assured, but nothing herein contained shall be held to prevent the said assured from assigning the policy for the benefit of any future wife or children, or executing a declaration in their favor or in favor of some or one of them as hereinafter is mentioned.

7. Any person insuring with profits may apply the same applied to pay either in payment of premiums, or direct them to be added to premiums, or the insurance money, payable at death.

added to in

surance.

This Act to be a public Act.

8. This Act shall be deemed a public Act.

32 Vic. c. 30

CAP. XXII.

An Act to amend an Act passed in the thirty-second year of Her Majesty's reign, chaptered thirty, of the Statutes of Ontario, intituled, "An Act to provide for the Registration of Births, Marriages and Deaths."

[Assented to 24th December, 1869.]

ER Majesty, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts

as follows:

1. Section three of the said Act is hereby amended by striks. 3 amended. ing out the words "and town and every ward in cities," in the

second

second line of said section three, and reading in lieu thereof the words "city and town."

but division re

2. Sub-section two, of section three, of the said Act, is here- Sub-sec. 2 of by repealed; Provided always that the division registrars ap- sec. 3 repealed, pointed under the said section shall hold and continue in office gistrars to hold until the first day of January, in the year of our Lord one thou- office until 1st sand eight hundredand seventy, and shall, after the said first afterwards to day of January, make their returns to the district registrars, as make returns required by the seventh section of the said Act.

Jan. 1870, and

to district re

gistrars.

3. Section eight of the said Act is hereby amended by strik- Sec. 8 amening out all the words in said section after the word "book," ded. in the twelfth line from the top thereof.

4. Section eleven of the said Act is hereby amended by Sec. 11 amenstriking out all the words of the said section after the word ded. "Act," in the twelfth line from the top thereof.

&c., to be fur

5. All the words after the word "Act," in the sixth line from Sec. 12 amenthe top of the twelfth section of the said Act, are hereby struck ded. out, and the following shall be added to the said twelfth section; "and in order the better to enable the said clergyman minister or other person to make such report as aforesaid, he shall be furnished by the division registrar of the division in Clergymen, which he resides with blank forms, containing the particulars re- nished with quired by the said schedule B., in which he shall enter, with the forms to be required particulars, all the marriages so celebrated by him; and filled and rethe transmission of such form, with the entries therein properly them. made and certified to be correct, under the hand of the said clergyman, minister or other person, to the registrar of the division wherein such marriage is celebrated, shall be deemed to be a good report, within the meaning of the said section twelve."

turned by

who attends

6. The fourteenth section of the said Act is hereby repealed, Sec. 14 substiand in lieu thereof the following shall be read: "Every duly tution for. qualified medical practitioner, who shall have been in attend- Practitioner ance during the last illness and until the death of any person, patient till shall, within thirty days after the death of such person, death to send "to registrar transmit to the division registrar of the division in which the certificate of said practitioner resides, a certificate under his signature of the cause of death. cause of death, according to a form to be provided by the said division registrar, who shall be furnished with such forms; and it shall be the duty of every such medical practitioner to apply to the said division registrar for blank forms for that purpose, and upon the receipt of the said certificate from the said medical practitioner, by the division registrar, he shall make the entry as to the cause of death of such person accord with the fact stated in the said certificate."

7. Section twenty-three of the said Act is hereby amended Sec. 23 amended. by

The word "oc

by striking out the word "fifteen," in the seventh line from the top of the said section twenty-three, and in lieu thereof reading the word "sixteen."

8. The term "occupier," used in the eighth and eleventh seccupier" in ss. 8 and 11 defined. tions of the said Act, shall be construed to mean and include the master, governor, keeper, warden or superintendent of goal, prison, penitentiary, lunatic asylum, poor's asylum, hospital or other public or private charitable institutions.

Registrars,

9. That the division registrars appointed under the said Act how to be paid. shall be paid by the municipalities for which they respectively act as division registrars such remuneration for the registration of births, marriages and deaths, under the said Act, as the said several municipalities may deem just.

Preamble.

CAP. XXIII.

An Act concerning Sheriff's Sales for Taxes.

[Assented to 24th December, 1869.]

WHEREAS many lands in the Province of Ontario having

been liable to be assessed for taxes have been assessed and sold for taxes, and frequently in such cases the sales or the conveyances made thereon are invalid by reason of defects or irregularities caused by the public officers or the municipalities charged with the assessing, sale, or conveyance; and the original owners whose lands were sold have for the period during which the land was so assessed and since neglected or refused to pay any taxes or to redeem the lands; and whereas also in many cases the purchasers at such sales or those claiming under them have entered into possession and continued in possession for several years and made extensive improvements on the lands, and paid the taxes charged thereon, without any steps having been taken by the original owners to question the validity of such sales, and also in other cases after improvement so made, those who have made the same have, after many years' occupation, been dispossessed by the original owners or by purchasers from them at a small and inadequate price, and it is expedient that a remedy be provided in those cases where purchasers or those claiming under them have gone into possession and improved, and also where the lands having continued vacant the purchaser or those claiming under him have paid taxes since the sale, and it is also expedient that those claiming lands sold for taxes should assert their own rights of action or of entry or forego such rights rather than sell the same to a purchaser: Therefore Her Majesty by and with the advice and consent of the Legislative Assembly of the Province of Ontario enacts as follows:

purchaser had

1. In all cases where lands which were liable to be assessed Sales for taxes according to the true intent and meaning of the statutes in made valid if that behalf, have or any part thereof has been sold and conveyed continued ocunder colour of such statutes for taxes in arrear, and the tax pur-years prior to cupation four chaser at any such sale had prior to the first day of November, one 1st Nov., 1869. thousand eight hundred and sixty-nine, gone into, and continued and improved, in occupation of the land sold or of any part thereof, for at least four years, and has made improvements thereon to the value of two hundred dollars, such sale shall be deemed valid, notwithstanding the taxes or the Sheriff's fees and charges for which the lands were sold, were not imposed and charged in due form as required or authorized by the said statutes or any of them, or exceeded the amount lawfully chargeable, and notwithstanding any defect in the warrant to sell, or that such warrant was issued too soon, and notwithstanding any irregularity in the notices of sale, or the advertising and publishing thereof, or in, or as to, the time and place of any such sale, or as to any adjournment of sale, and notwithstanding that there was on such lands any property that might have been distrained, and notwithstanding that the lands have been assessed against some person as resident or occupant, when they should have been assessed as non-resident lands, or were assessed as non-resident lands when they should have been assessed against the owner or occupant or both, and notwithstanding any informality or defect in the keeping of accounts of the taxes charged against such lands, or with which they were chargeable, and notwithstanding any other omissions, insufficiency, defects or irregularities whatsoever, as regards the assessment or sale, or the preliminary or subsequent steps required to make such sale effectual in law; Provided that in cities, Incities, towns towns and incorporated villages, buildings only shall be deemed and villages buildings only improvements within this section; and that improvements deemed imcommenced after the commencement, and during the pendency provements. of any suit or action at law or in equity to dispute the Improvements validity of, or set aside such sale, shall not be included in the begun after action brought, valuation of such improvements under this section; and pro- not within the vided also, that where the property sold has been sub-divided Act. into lots before such sale, occupation and improvement of any lot or lots according to such sub-division, shall only make valid Provision the sale as to the lot or lots so occupied and improved; Pro- when land vided also, that this section shall not apply in the following divided.

cases :

sold was sub

(1.) If the taxes for non-payment whereof the lands were Sale not made sold had been fully paid before the sale.

valid if taxes paid before sale;

(2.) If within the period limited by law for redemption, the if land were amount paid by the purchaser, with all interest payable there- redeemed ; on, had been paid or tendered to the person entitled to receive such payment, with a view to redemption of the lands.

(3.) Where, on the ground of fraud or evil practice by the in cases of

purchaser fraud;

if the purchaser has been ejected.

Sales made val

vacant lands if

years taxes

purchaser at any such sale, a Court of Equity would grant relief. In any case, however, wherein the sale or conveyance would be made valid by this Act but for the provisions of this sub-section, it shall not be considered in such Court that the legal estate did not pass by such sale or conveyance, so as to preclude any one claiming under such purchaser from insisting on his having acquired the same, whenever it shall be requisite for his case or defence that he should have acquired the

same.

(4.) Where the possession has been actually changed under process of law or otherwise, adversely to the tax purchaser, in favor of the original owner who has, since the change, had continued possession.

2. The first section (subject to the exceptions in the sub-secid in cases of tions thereof,) shall apply also to make the sale valid in those the purchaser cases in which the tax purchaser shall not have occupied the has paid eight land, or any part thereof, or having occupied, shall not have and the owner occupied for the four years mentioned in the first section, or not occupied. shall not have made improvements thereon to the value mentioned in such section; Provided the tax purchaser has since the sale, and prior to the first day of November, one thousand eight hundred and sixty-nine, paid at least eight years' taxes charged on the said lands; and provided that the owner has not occupied the land or some part thereof, for one year between the sale by the Sheriff and the said first day of November.

Sales made

valid though

eral if pur

proved and

any

3. The first section (subject to the exceptions in the subno return by sections thereof) shall apply also to make a sale valid in those Surveyor-Gen- cases wherein lands have been sold and conveyed under chaser has im- colour of any Statute providing for sale of lands for taxes in arrear, and the tax purchaser has gone into, and continued in, occupation of the lands sold, or of some part thereof, for at least four years prior to the said first day of November, in the year of our Lord one thousand eight hundred and sixty-nine, and has made improvements thereon to the value of two hundred dollars, notwithstanding that the land sold was not included in any return of lands described for patent, or as having been granted, which under any Statute regarding assessment of lands, should if patent issued have been made by the Surveyor-General; Provided the patent and patentee granting such lands had been issued, and the land was occupied years before by the grantee, or by some person through or under whom he claimed, at least two years before the sale.

occupied two

sale.

Costs in ac

4. In all cases where proceedings are now pending at law or tions pending; in equity, wherein the validity of any sale or conveyance on sale for taxes may come into question, and wherein such sale or conveyance being invalid is made valid by this Act, it shall be competent to any person to carry on such proceedings and recover his costs, if entitled thereto, in the same manner, so far as

regards