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     GAZE 
     
    
   
   
    
       
     
    
   
   
    
       
     
    
   
   
    
     JOHN INGS, QUEEN’S PRINTER. 
     
    
   
   
    
     Charlottetown, Prince Edward Island, 
     
    
   
   
    
       
     
    
   
   
    
     July 18, 1866. 
     
    
   
   
    
     l‘ A 
     
    
   
   
    
       
     
    
   
   
    
     VOL. VlII.--No. 377 
     
    
   
   
    
       
     
    
   
   
    
       
     
    
   
   
    
     LAWS OF PRINCE EDWARD ISLAND. 
     
    
   
   
    
       
     
    
   
   
    
       
     
    
   
   
    
     CAP. XXIX. 
     
    
   
   
    
     An Act to consolidate and amend the Laws relating 
     
     to the Conveyance and Transfer of Real and 
     
     Personal Property vested in Mortgages and 
     
    
   
   
    
     Trustees. 
     
     [Passed May 11, 1866.] 
     
    
   
   
    
     HEREAS it is expedient to amend the Laws 
     
     .relating to the conveyance and transfer of real 
     
     and personal estate vested in Mortgages and Trus- 
     
     tees; . 
     
     I. Be it therefore enacted by the Lieutenant 
     
     Governor, Council and Assembly, as follows : 
     
    
   
   
    
     Whereas it is expedient to define the meaning in 
     
     which certain words are hereinafter used, it is de- 
     
     clared that the several words hereinafter named 
     
     are herein used and applied in the manner following 
     
     respectively, that is to say : 
     
    
   
   
    
     The word “ lands” shall extend to and include 
     
     manors, messuages, tenements and hereditaments, 
     
     corporeal and incorporeal, of every tenure or de- 
     
     scription, whatever may be the estate or interest 
     
     therein. 
     
    

    
     II. The word “ stock” shall mean any fund, an- 
     
     nuity or security, transferable in books kept by any 
     
     Company or Society established, or to be established, 
     
     or transferable by deed alone, or by deed accom- 
     
     panied by other formalities, and any shares or 
     
     interest therein. » 
     
    
   
   
    
     III. The word “seized” shall be applicable to 
     
     any vested estate for life, or of a greater descrip- 
     
     tion, and shall extend to Estates at Law and in 
     
     Equity, in possession or in futurity in any lands. 
     
    
   
   
    
     IV. The word “ possessed” shall be applicable to 
     
     any vested estate less than a life estate at Law or 
     
     in Equity in possession or in expectancy in any 
     
     lands. 
     
    
   
   
    
     V. The words “ contingent right,” as applied to 
     
     lands, shall mean a contingent or executory interest 
     
     or possibility, coupled with an interest, whether the 
     
     object of the gift or limitation of such interest or 
     
    
   
   
    
     possibility be or be not ascertained, also a right of 
     
    
   
   
    
     entry,~ whether immediate or future, and whether 
     
     vested or contingent. 
     
    

    
     VI. The words “convey” and “conveyance,” 
     
     applied to any person, shall mean the execution by 
     
    
   
   
    
       
     
    
   
   
    
     such person of every necessary or suitable assurance 
     
     for conveying or disposing to another lands whereof 
     
     such person is seized or entitled to a contingent 
     
     right, either for the whole estate of the person con— 
     
     veying or disposing, or for any less estate, together 
     
     with the performance of all formalities required by 
     
     Law to the validity of such conveyance, including 
     
     the acts to be performed by married women and 
     
     tenants in tail in accordance with the provisions of 
     
     the Acts ofthe General Assembly ofthe said Island 
     
     relating thereto, and including also surrenders and 
     
     other acts which a tenant of customary or cepyhold 
     
     lands can himself perform preparatory to or .in aid 
     
     ofa complete assurance of such customary or copy- 
     
     hold lands. 
     
    
   
   
    
     VII. The words “assign” and “assignment” 
     
     shall mean the execution and performance by a per- 
     
     son of every necessary or suitable deed or act for 
     
     assigning, surrendering, or otherwise transferring 
     
     lands of which such person is possessed, either for 
     
     the whole estate of the person so possessed or for 
     
     any less estate. 
     
    
   
   
    
     VIII. The word “transfer” shall mean the exe- 
     
     cution and performance of every deed and act by 
     
     which a person entitled to stock can transfer such 
     
     stock from himselfto another. 
     
    
   
   
    
     IX. The word “ Chancellor” shall mean as well 
     
     the Chancellor of the Court of Chancery for the 
     
     said Island, as the Master of the Rolls, actin 
     
     in and about any matter or thing, which under the 
     
     provisions of any statute, either ofthem are required 
     
     to act. 
     
    
   
   
    
     X. The word “trust” shall not mean the duties 
     
     incident to an estate conveyed by way of mortgage, 
     
     but With this exccption, the words “ trUst” and 
     
     " trustee” shall extend to and include implied and 
     
     constructive trusts, and shall extend to and include 
     
     cases where the Trustee has some. beneficial estate 
     
     or interest in the subject of the trust, and shall ex- 
     
     tend to and include the duties incident to the office 
     
     of personal representative of a deceased person. 
     
    
   
   
    
     XI. The word “lunatic” shall mean any person 
     
     who shall have been found to be a lunatic Upon a 
     
     Commission of Enquiry, in the nature of a writ Ife 
     
     Immlirz' z'nqzu'rmrio. 
     
    
   
   
    
     XII. The expression “ person of unsound mind” 
     
     shall mean any person, not an infant, who, not being 
     
     found to be a lunatic, shall be incapable, from infirmity 
     
     ofmind, to manage his own affairs.