THE

REAL PROPERTY

Statutes

OF

ONTARIO,

WITH REMARKS AND CASES,

BY

ALEXANDER LEITH,

OF TORONTO, BARRISTER-AT-LAW.

TORONTO:

HENRY ROWSELL,

74 AND 76, KING STREET EAST.

1869.

L. Can C23 d. Real prop I

PREFACE.

The Author, as Referee of Titles under the Act for Quieting Titles, and as Reader on the Law of Real Property to the Law Society, had frequent occasion to consider and annotate the various Statutes relating to that branch of the Law, and they formed the subject of many Lectures delivered by him at Osgoode Hall. He conceived the idea of publishing the result of his labors in a shape, which, he hoped, with but little further labor to himself, might perhaps be of service to the Profession. He has been

compelled however to abandon the original design of treating of all the important Real Property Statutes at one time, from the difficulty in keeping pace with the Legislature, and the necessity for constant alterations of the text arising from ever recurring change in the Laws.

It has been remarked, with expression of regret, by Mr. Chancellor Kent, that frequent change of the laws is prevalent in the United States, and is, he says, characteristic of the restless disposition of his fellow citizens. The reverse is the case in England. Mr. Wood in the preface to his valuable treatise on the Registry Laws has said that whilst in England "the Statutes of Anne, and that of 8 George II. relating to Yorkshire remain yet in force, and have not even been added to or amended in any important particular, the statute book of Upper Canada has been prolific in amending, explaining, consolidating, and repealing enactments relating to that branch of the Law." Legislation here since as well as before those remarks fully justify

them. Probably the mutability of our Laws is to be

ascribed rather to their being often framed with no suf-

ficient appreciation of the existing law, or its mischief, or

of the remedy requisite, than to that cause to which the

learned Chancellor alludes.

Complaints on the character of legislation with us both
from the Bench and the Profession have been frequent and of
long continuance. The Author may therefore be excused, if
occasionally, in treating of an obscure clause in a Statute
which has received no light from judical decisions, he has
hazarded no opinion, or done no more than call attention to
difficulties, which might possibly have escaped observation.

The Chapter on Descent and part of the Chapter on Dower

are taken, with many alterations, from the work of the

Author on the Commentaries of Blackstone adapted to the

Law of Upper Canada; a course justified by the alterations

made, and the probability that that work will shortly be

out of print.

The Author has to express his thanks to his friend Mr.
Joseph for the preparation of the Index, and his assistance
in carrying the Work through the Press.

TORONTO, April 1, 1869.