RESTITUTION OF STOLEN GOODS.

R. S. Ò. 1897, CAP. 82.

An Act respecting the Restitution of Stolen Goods.

HEREAS it often happens that property supposed or Preamble. alleged to be stolen is found in the possession of a person who is afterwards convicted as a criminal for stealing, taking, obtaining, extorting, embezzling, appropriating, converting, disposing of, or knowingly receiving other chattels, money, valuable securities, or property, and any other charge or other charges is or are pending against such prisoner, and there is no intention of proceeding upon such other charge or charges, because of the person having been convicted as aforesaid, and because no additional punishment would be imposed if additional convictions were obtained; and whereas it is expedient in such case to give to the owners or other persons entitled to the possession of the property a summary remedy for the recovery thereof;

Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

perty after summary trial.

livery of pro

1. If in such a case the counsel acting for the Crown inti- Order for demates that the Crown does not intend to proceed upon any charge in respect of the property so found in the prisoner's possession as first aforesaid, the Judge before whom the prisoner was convicted may, upon the application of the prosecutor or other person claiming the property, summarily try at the same sittings of the Court or at a subsequent time, the right of the prisoner and of the claimant to the property; and if the Judge finds that the claimant is the owner or is entitled to the possession thereof, he may order the property to be delivered to the claimant, and the order shall be an absolute protection to the officer or other person who has the custody of the property in delivering the same as directed by the order. R. S. O. 1887, c. 69, s. 1.

2. Nothing herein contained shall be held to bar the right of Right of perthe person convicted to take proceedings for the recovery of the not barred by property against the person receiving the same under the order;

order.

When order for restitution not to be made.

Application of
Act.

55-56 V., c. 29 (Dom.).

Right of

Crown preserved.

and the Judge may, if he thinks fit, require the person in whose favour the order is made to give security for the return of the property to the person so convicted, in case the latter should thereafter be held to be entitled thereto. R. S. O. 1887, c. 69, s. 2.

3. If, before an order is made, it appears that a valuable security so found in a prisoner's possession has been bona fide paid or discharged by some person liable to the payment thereof, or, being a negotiable instrument, has been bona fide taken or received by transfer or delivery by some person for a just and valuable consideration, without notice, or without reasonable cause to suspect, that the same had been stolen or embezzled or criminally taken, obtained, extorted, appropriated, converted, received or disposed of, in such case the Court shall not order the restitution of the security. R. S. O. 1887, c. 69,

s. 3.

4. Nothing in this Act contained shall apply to the case of a prosecution of a trustee, banker, merchant, attorney, factor, broker, or other agent entrusted with the possession of goods or documents of title to goods, for an offence against The Criminal Code, 1892, of Canada, R. S. O. 1887, c. 69, s. 4.

5. Nothing herein contained shall affect the right of the Crown to claim property as forfeited. R. S. O. 1887, c. 69, s. 5.

FRAUDULENT CONVEYANCES.

R. S. O. 1897, CAP. 115.

An Act respecting Voluntary and Fraudulent Con

HE

veyances.

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario enacts as follows:

No voluntary conveyance,

VOLUNTARY CONVEYANCES.

1. Notwithstanding the provisions of the statute passed in etc., executed the 27th year of the reign of Her late Majesty Queen Elizabeth, and chaptered four, no conveyance, grant, charge, lease, estate,

in good faith and duly

of valuable

incumbrance, limitation of use or uses which is executed in registered to be void merely good faith, and duly registered in the proper registry office for absence before the execution of the conveyance to, and before the crea- consideration. tion of any binding contract for the conveyance to any subsequent purchaser from the same grantor of the same lands, tenements or hereditaments, or any part or parcel thereof, or any rent, profit or commodity in or out of the same, shall be or be deemed or taken to be, merely by reason of the absence of a valuable consideration, void, frustrate, or of none effect as against such purchaser, or his heirs, executors, administrators or assigns, or any person claiming by, from, or under any of them. R. S. O. 1887, c. 96, s. 1.

otherwise void

2. Nothing in the preceding section contained shall have the Instruments effect of making valid any instrument which is for any reason not to be valid other than or in addition to the absence of a valuable considera- under preceding section. tion void under the said statute or otherwise; nor shall anything in the preceding section contained have the effect of making valid any instrument as against a purchaser who had, before the 28th day of February, 1868, entered into a binding contract for, or received his conveyance upon such purchase. R. S. O. 1887, c. 96, s. 2.

FRAUDULENT CONVEYANCES.

3. Whereas by the first and second clauses of the Act passed in the 13th year of the reign of Her late Majesty Queen Elizabeth, it is enacted as follows:

1, 2 and 6 of 13

conveyances,

etc., to be

bona fide pur

value.

"For the avoiding and abolishing of feigned, covinous and Recital of ss. "fraudulent feoffments, gifts, grants, alienations, conveyances, Eliz. c. 5, that "bonds, suits, judgments and executions more commonly used certain "and practised in these days than hath been seen or heard of judgments, "heretofore, which feoffments, gifts, grants, alienations, convey- void unless "ances, bonds, suits, judgments and executions have been and made to a "are devised or contrived of malice, fraud, covin, collusion or chaser for 'guile, to the end, purpose and intent to delay, hinder and "defraud creditors and others of their just and lawful actions, "suits, debts, accounts, damages, penalties, forfeitures, heriots, "mortuaries and reliefs, not only to the let or hindrance of the "due course and execution of law and justice, but also to the "overthrow of all true and plain dealing, bargain and chevisance between man and man, without the which no common"wealth or civil society can be maintained or continued; all "and every feoffment, gift, grant, alienation, bargain and conveyance of lands, tenements, hereditaments, goods and chat"tels, or of any of them, or of any lease, rent, common or other "profit or charge out of the same lands, tenements, heredita"ments, goods and chattels, or any of them, by writing or other"wise, and all and every bond, writ, judgment and execution, "at any time had or made since the beginning of the Queen's

When valuable

and intent to pass interest not to avail.

"Majesty's reign, that now is or at any time hereafter to be had or made to or for any intent or purpose before declared "or expressed, shall be from thenceforth deemed and taken only as against that person or persons, his or their heirs, suc'cessors, executors, administrators and assigns, and every of them, whose actions, suits, debts, accounts, damages, penalties, "forfeitures, heriots, mortuaries and reliefs, by such guileful, "covinous and fraudulent devices and practices as is aforesaid,

are or shall or might be in any ways disturbed, hindered, de"layed or defrauded, to be clearly and utterly void, frustrate "and of none effect, any pretence, colour, feigned consideration "expressing of use or any other matter or thing to the contrary "notwithstanding."

And whereas it is also by the sixth clause of the said Act provided and enacted as follows:

"This Act or anything herein contained shall not extend to any estate or interest in lands, tenements, hereditaments, leases, rents, commons, profits, goods or chattels had, made, "conveyed or assured, or hereafter to be had, made, conveyed "or assured, which estate or interest is or shall be upon good "consideration and bona fide lawfully conveyed or assured to "any person or persons, or bodies politic or corporate, not hav"ing at the time of such conveyance or assurance to them made any manner of notice or knowledge of such covin, fraud or 'collusion as is aforesaid, anything before mentioned to the "contrary thereof notwithstanding.

And whereas there are doubts as to the true construction of the said Act, and it is expedient to declare the true construction of the same :

Therefore it is further enacted as follows:

1. The first and second clauses of the said Act apply to all consideration instruments executed to the end, purpose and intent in the said clauses set forth, notwithstanding that the same may be executed upon a valuable consideration, and with the intention, as between the parties to the same, of actually transferring to and for the benefit of the transferee the interest expressed to be thereby transferred, unless the same is protected under the sixth clause of the said Act by reason of bona fides and want of notice or knowledge on the part of the purchaser.

Instruments

not affected.

2. This section shall not apply to any instrument executed before the second day of March, 1872. R. S. O. 1887, c. 96, s. 3.

POWERS OF ATTORNEY.

R. S. O. 1897, CAP. 116.

An Act respecting Powers of Attorney.

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

enacts as follows:

of attorney

exercised after

constituent.

1. In case a power of attorney for the sale or management As to a power of real or personal estate, or for any other purpose, provides provided exthat the same may be exercised in the name and on the behalf pressly to be of the heirs or devisees, executors or administrators of the decease of person executing the same, or provides by any form of words that the same shall not be revoked by the death of the person executing the same, such provision shall be valid and effectual to all intents and purposes, according to the tenor and effect thereof, and subject to such conditions and restrictions, if any, as may be therein contained. R. S. O. 1887, c. 97, s. 1.

done after

stituents

2. Independently of such special provision in a power of Where things attorney, every payment made and every act done under and the decease, in pursuance of a power of attorney, or a power, whether in etc., of conwriting or verbal, and whether expressly or impliedly given, to be valid. or an agency expressly or impliedly created after the death of the person who gave such power or created such agency, or after he has done some act to avoid the power or agency, shall, notwithstanding such death or act last aforesaid, be valid as respects every person party to such payment or act, to whom the fact of the death, or of the doing of such act as last aforesaid, was not known at the time of such payment or act bona fide done as aforesaid, and as respects all claiming under such last-mentioned person. R. S. O. 1887, c. 97, s. 2.