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C.C.S.M. c. S120
THE SHORT FORMS ACT
|Table of Contents||Schedule(s)||Bilingual (PDF)|
WHEREAS in the thirty-eighth year of the reign of Her late Majesty Queen Victoria the Legislature of Manitoba passed an Act, intituled "An Act respecting Short Forms of Indentures", the provisions of which were continued in the Consolidated Statutes and, with certain amendments, are still in force; and whereas, prior to the passing of that Act, deeds of conveyance, deeds of mortgage and deeds of lease, respectively, were made and in use in the province, containing the words used in column one of Schedules one, two and three of that Act respectively, and it is desirable to give the words in those deeds the same effect and declare that they be construed as if they had been made in pursuance of that Act, and always contained the form of words set opposite thereto in column two of the Schedules in that Act;
THEREFOR HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Where a deed of conveyance, or deed of mortgage, or deed of lease, respectively made according to the forms set forth in the First, Second, and Third Schedules to this Act, or respectively expressed to be made "in pursuance of the Act respecting Short Forms of Indentures", or otherwise referring to the above recited Act, or any Act having that title, or made prior to the coming into force in the province of any Act intituled "An Act respecting Short Forms of Indentures", contains any of the forms or words set out in any one of the numbered paragraphs in any one of those Schedules under the heading Part A, the deed shall be taken to have, and shall be held always to have had, since the execution thereof, the same effect as if it contained, and had always contained, and shall be construed as if it contained, and had always contained, the form of words set out in that same numbered paragraph of that Schedule under the heading Part B; and it shall not be deemed necessary in any such deed to insert, or have inserted any such paragraph number or heading and shall be construed as if it contained and had always contained, the form of words in column two under the same Schedule, and distinguished by the same number as is annexed to the form of words used in the deed; but it shall not be deemed necessary in any such deed to insert or to have inserted such number or numbers.
Any deed or part of a deed that fails to take effect by virtue of this Act shall, nevertheless, be as effectual to bind the parties thereto, as far as the rules of law and equity will permit, as if this Act had not been passed.
In the construction of this Act and the Schedules thereto respectively, unless there is something in the subject or context repugnant to such construction, the word "lands" extends to all freehold and leasehold tenements and hereditaments, whether corporeal or incorporeal, or any undivided part or share therein respectively; and the word "party" includes one or more persons, or any body politic or corporate or collegiate, as well as an individual or individuals.
In taxing or allowing a bill of charges for preparing and procuring the execution of any deed, the preparation of which is by this Act provided for, consideration shall be had rather to the skill and ability exhibited in the short and concise form in which it has been prepared, than to the length and bulk of the deed.
Parties who use any of the forms in the first column of the Schedules, may substitute for the words "covenantor" or "covenantee", or "releasor" or "releasee", "grantor" or "grantee", "lessor" or "lessee", any name or names, or "the party of the 'first', or 'second', or 'third' part", as the case may be; and in every such case, corresponding substitutions shall be taken to be made in the corresponding forms in the second column.
The parties may substitute the feminine gender for the masculine, or the plural number for the singular, or vice versa, in any form in Part A of any of the numbered paragraphs of any of the Schedules, and corresponding changes shall be taken to be made in the corresponding form in Part B of that numbered paragraph of that Schedule.
The parties may introduce into, or annex to, any of the forms in the first column, any express exceptions therefrom, or other express qualifications thereof, respectively, or may extend them or remove therefrom any limitations, and the like exceptions or qualifications, or extension, or removal of limitations shall be taken to be made from or added in the corresponding forms in the second column.
The parties may add the name or other designation of any person or persons, or class or classes of persons, or any other words at the end of the forms of the first column, so as thereby to extend the words thereof to the acts of any additional person or persons or class or classes of persons, or of all persons whomsoever; and in every such case the covenants, or such of them as may be employed in the deed, shall be taken to extend to the acts of the person or persons so named.
In the case of a deed of demise or lease, there may be introduced into any of the forms in the first column under the Third Schedule any express exceptions therefrom, or express qualifications thereof, respectively, and the like exceptions or qualifications shall be taken to be made from or in the corresponding forms in the second column.
Where the premises demised are of freehold tenure, the covenants, under the Third Schedule numbered from 1 to 8, both inclusive, shall be taken to be made with, and the proviso numbered 9, to apply to, the heirs and assigns of the lessor; and where the premises demised are leasehold tenure, the covenants and proviso shall be taken to be made with, and to apply to, the lessor, his executors, administrators and assigns.