1In this Act
“contingent right,” as applied to lands, includes a contingent or executory interest, a possibility coupled with an interest, whether the object of the gift or limitation of such interest or possibility is or is not ascertained; also a right of entry whether immediate or future, and whether vested or contingent;(droit éventuel)
“convey” or “conveyance,” applied to any person, includes the execution by that person of every necessary or suitable assurance for conveying, assigning, appointing, surrendering or otherwise transferring or disposing of land whereof he is seized or possessed, or wherein he is entitled to a contingent right, either for his whole estate or for any less estate, together with the performance of all formalities required by law to the validity of the conveyance, including the acts to be performed by married women to bar dower or convey their interest in real property;(transférer) ou (transfert)
“Court” or “Judge” means The Court of Queen’s Bench of New Brunswick or the Court of Appeal as the context requires or a Judge thereof;(Cour) ou (juge)
“devisee” includes the heir of a devisee and the devisee of an heir, and any person who claims right by devolution of title of a similar description;(légataire)
“Instrument” includes an Act of Legislature and any Statute in force in the Province;(instrument)
“lands” includes messuages, tenements and hereditaments, corporeal and incorporeal, of every tenure or description, whatever may be the estate or interest therein;(biens-fonds)
“mortgage” includes and relates to every estate and interest regarded in equity as merely a security for money, and “mortgagee” has a corresponding meaning;(hypothèque)
“pay” or “payment” as applied in relation to stocks and securities, and in connection with the expression “into court”, includes the deposit or transfer of the same in or into court;(payer) ou (paiement)
“possessed” applies to receipt of income of, and to any vested estate less than a life estate, legal or equitable, in possession or in expectancy, in any land;(en possession de)
“property” includes real and personal property, and any estate and interest in any property, real or personal, and any debt, and anything in action, and any other right or interest, whether in possession or not;(biens)
“rights” includes estates and interests;(droits)
“stock” includes fully paid up shares; and, so far as relates to vesting orders made by the Court under this Act, includes any fund, annuity, or security transferable in books kept by any incorporated bank, company or society or by instrument of transfer, either alone or accompanied by other formalities, and any share or interest therein;(fonds sociaux)
“transfer” in relation to stock, includes the performance and execution of every deed, power of attorney, act and thing on the part of the transferor to effect and complete the title in the transferee;(cession)
“trust” includes implied and constructive trusts, and cases where the trustee has a beneficial interest in the trust property, and the duties incident to the office of personal representative of a deceased person, but does not include the duties incident to an estate conveyed by way of mortgage.(fiducie)
R.S., c.239, s.1; 1971, c.73, s.1; 1979, c.41, s.123