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THE 
 
 CONVEYANCING ACTS, 1881, 1882, 
 
 AND 
 
 THE VENDOR AND PURCHASER ACT, 
 1874, 
 
 WITH NOTES; AND FORMS AND PRECEDENTS ADAPTED FOR USE 
 UNDER THE ACTS; 
 
 ALSO 
 
 THE MARRIED WOMEN’S PROPERTY ACT, 1882, 
 
 AND RULES OF COURT. 
 
 BY 
 
 EDWARD PARKER WOLSTENHOLME, M.A., 
 
 OF LINCOLN’S INN, BARRISTER, ONE OF THE CONVEYANCING COUNSEL OF THE COURT 5 
 
 AND 
 
 RICHARD OTTAWAY TURNER, M.A., 
 
 OF LINCOLN’S INN, BARRISTER, 
 
 THIRD EDITION. 
 
 ” . 
 be London: 
 WILLIAM CLOWES AND SONS, Lirtep, 27 FLEET STREET. 
 1883. | 
 
h & i A 
 Ad ry ¢ “1 J 
 
 pecesvesveseseessessee 
 
 LONDON : 
 PRINTED BY WILLIAM CLOWES AND SONS, LIMITED, 
 STAMFORD STREKT AND CHARING CROSS. 
 
TO THE 
 RIGHT HONOURABLE HUGH McCALMONT EARL CAIRNS 
 THIS WORK IS RESPECTFULLY 
 
 Hedicated 
 
 BY THE AUTHORS. 
 
PREFACE 
 
 TO THE FIRST EDITION: 
 
 —!eor— 
 
 In February, 1880, Earl Cairns, then Lord Chancellor, 
 introduced in the House of Lords Bills for three Acts, 
 of which the short titles were to be The Settled Land 
 Act, 1880, The Conveyancing and Law of Property Act, 
 1880, and The Solicitors Remuneration Act, 1880. The 
 Bills were read a second time in March: but the disso- 
 lution of Parliament in the same month stopped their 
 further progress. 
 
 On the assembling of the new Parliament in May, 
 1880, the three Bills, with improvements, were again 
 introduced in the House of Lords by Lord Cairns (who 
 had then ceased to be Lord Chancellor), and were passed 
 through that House and sent down to the House of 
 Commons, but there dropped. 
 
 Finally, in January, 1881, the three Bills, with further 
 improvements, were re-introduced by Lord Cairns; and 
 they again, with amendments, passed the House of Lords 
 and went down to the House of Commons, which they 
 reached in February. The Remuneration Bill passed the 
 Commons, with further amendments, and was sent back 
 to the Lords in July. In the meantime the other two 
 Bills had made no progress beyond second reading, except 
 that on the 4th of April the Conveyancing Bill was re- 
 ferred to a Select Committee; but the new Liberal 
 Government being hostile to the Settled Land Bill, and 
 treating the Conveyancing bill as part of the same 
 scheme, the appointment of the Committee was not 
 proceeded with. It was not till July, that (through the 
 
vl PREFACE. 
 
 intervention, as it is believed, of Mr. H. H. Fowler, the 
 Liberal Member for Wolverhampton and a member of 
 firms of solicitors practising in London and Wolver- 
 hampton) the Government became informed that the 
 Conveyancing Bill could be treated as distinct from the 
 Settled Land Bill; and on the 6th of July a Select Com- 
 mittee was allowed to be nominated. The Committee, 
 which included several leading Queen’s Counsel of the 
 Chancery Bar, besides the Judge Advocate-General and 
 the Attorney-General, and Solicitors of considerable 
 experience, met for the first time to transact business 
 on the 19th of July, and took a favourable view of the 
 Bill; but the time left for considering the Bill was so 
 short that in order to enable it to pass, several clauses not 
 immediately approved by different members of the Com- 
 mittee, or considered likely to give rise to opposition in 
 the House, were struck out. The Bill, as amended by the 
 Select Committee, was returned in August to the Lords, 
 and the amendments were agreed to, after a protest by 
 Lord Cairns against the omission of some clauses, par- 
 ticularly that abolishing acknowledgments by married 
 women, the special object of which was to reduce the 
 cost of title and conveyance. The Conveyancing Bill 
 and Remuneration Bill received the royal assent on the 
 same day, August 22nd. The Settled Land Bill was 
 not allowed to go before a Committee. 
 
 The Settled Land Bill not having passed (a), settlements 
 of land, whether made by deed or by will, must, if com- 
 plete, still continue of the same length as heretofore. 
 All other documents (except leases, which, on account of 
 their special provisions, cannot be materially reduced in 
 length) may, by the effect of the Conveyancing Act, be 
 brought within comparatively small dimensions. Deeds 
 may be written bookwise with plans interleaved, and 
 supplemental deeds may be annexed to or bound up with 
 
 (a) This Bill has been passed since this preface was written. 
 
PREFACE. vil 
 
 them. The title to an estate can thus be formed into 
 a fairly readable volume of moderate size. The deeds 
 will contain little more than the necessary operative 
 parts, copies may take the place of abstracts, and in 
 many cases it may answer to print deeds. These changes 
 involve some alteration in the mode of fixing the re- 
 muneration of Solicitors, which can no longer be made 
 to depend merely on the length of documents. The 
 Remuneration Act is therefore a necessary companion to 
 the Conveyancing Act. 
 
 According to amendments made during the progress 
 of the Remuneration Bill, but not originating with Lord 
 Cairns, the body empowered to make Orders under the 
 Act consists of the Lord Chancellor, the Lord Chief 
 Justice of England, the Master of the Rolls, and two 
 Solicitors. Perhaps it may occur to some reader to ask 
 how it has happened that, in a matter vitally affecting 
 the interests of a large proportion of the members of the 
 Bar, Solicitors, and Solicitors alone, are associated with 
 these three Judges. ‘The answer is plain. The Bar, 
 unlike the profession of Solicitors, is unorganized ; its 
 members have no representative body competent and 
 ready to watch legislative proposals affecting them and to 
 guard their professional rights. The Bar is indeed con- 
 stituted into three large societies and one smaller society ; 
 but all these societies are entirely under the control of a 
 small section of the members, namely, the Masters of 
 the Bench, who are self-elected, and are, with very few 
 exceptions, chosen from one small class exclusively, 
 namely, members of the Inner Bar. At Lincoln’s Inn 
 the rule is that no member of the Outer Bar is ever 
 admitted a Bencher (a). But more than this, nearly 
 
 (a) There seem of late years to have been only two exceptions, 
 namely, Lord Macaulay and Lord Eversley. Lord Macaulay had long 
 ceased to have more than a nominal connection with the Bar, and it 
 does not appear by the Law List that Lord Eversley is a member of 
 
Vill PREFACE. 
 
 one-third of the Benchers of Lincoln’s Inn have retired 
 from all active practice of the profession. At the other 
 Inns the proportion of Benchers who have retired is 
 somewhat less, and the Outer Bar is not absolutely 
 excluded (a). The most active and prominent members of 
 each Bench, being Queen’s Counsel in large practice, 
 have little or no time to spare from their heavy work, 
 and it almost necessarily follows that the direction of 
 affairs falls into the hands of those who have leisure and 
 but little acquaintance with the wants and feelings of the 
 great body of the Profession. It is not surprising therefore 
 that:the humbler and more numerous members of the 
 Bar, whose involuntary contributions largely support these 
 four societies, should feel that their material interests 
 are neglected. The time has surely come when an 
 organization adapted to modern exigencies should be 
 established. Other professions of not greater importance 
 have within recent years organized themselves under 
 Royal Charters and Acts of Parliament. Why should 
 not a Bar Association be constituted under public autho- 
 rity, with a governing body truly representative of the 
 Profession, empowered to enforce discipline, to settle 
 authoritatively all matters affecting the practice of the 
 Bar, and generally to keep watch over the interests of 
 
 the Bar. The late V.-C. Wickens was treated as ineligible till he 
 became a Judge. If none but Judges and Queen’s Counsel are elected, 
 and if all Judges and Queen’s Counsel are elected sooner or later, the 
 Bar, which prides itself on its independence, is, at least at Lincoln’s 
 Inn, governed by nominees of the Crown. 
 
 (a) The reader is referred to an interesting paper by the late Mr, 
 Edward Webster On Promotion at the English Bar, Juridical Soe. 
 Papers, vol. ii. p. 475 (1862), from which it appears (p. 485, n.) that 
 in 1799 the number of Crown Counsel was only fifteen. The majority 
 of the Benchers must then have been of the Outer Bar. The number 
 of Queen’s Counsel is-now one hundred and eighty-seven. If, con- 
 sequent on the extinction of Serjeants’ Inn, all the Judges of the Queen’s 
 
 Bench Division are to be Benchers, they will displace a corresponding 
 number of members of the Bar. 
 
PREFACE. 1X 
 
 the members? With such a body in existence, the 
 Remuneration Act would hardly have passed in its present 
 form. 
 
 But there are further trials for the Profession in pros- 
 pect. If the Orders made under the Remuneration Act 
 provide for an ad valorem payment, covering all but very 
 exceptional charges, as is now the rule in Scotland, 
 the fees (Gf any) to Counsel must be paid by the 
 Solicitor out of his own pocket, and will bear no fixed 
 proportion to his own remuneration. The result must be 
 that, unless some special difficulty arises, Counsel will 
 never be consulted, and the Conveyancing branch of the 
 Profession will practically cease to exist. When to this 
 it is added that pleadings no longer require to be signed 
 by Counsel, and can be, and are, drawn by Solicitors ; 
 that already a very large proportion of the business, in- 
 cluding even more or less of the contentious business, 
 in actions, is transacted in the Judges’ Chambers by 
 Solicitors or their clerks; and that the abolition of 
 written or printed pleadings seems imminent,—the 
 business of the Outer Bar is likely soon to be reduced 
 to that of the Advocate alone. There would then remain 
 no means by which the student could learn either the 
 business of conveyancing or the practical conduct of an 
 action, except in a Solicitor’s office. The claim of Solicitors 
 to be admitted to the Bar, immediately on ceasing to 
 practise as Solicitors, must then be conceded, and the 
 two professions would be practically amalgamated. In the 
 end the public might benefit. Young men, after prac- 
 tising as Solicitors, would come to the Bar more or less 
 trained in the conduct of litigation, having done useful 
 work, received pay and gained experience, during years 
 when, if commencing their work at the Bar, they might 
 have remained without income or the means of properly 
 learning their business. 
 
 The Bar ought not to oppose any obstacle in the way 
 
x PREFACE. 
 
 of reforms required for the benefit of the public, but they 
 are entitled to use all legitimate means in order to 
 prevent unnecessary prejudice to their Profession by the 
 great changes that seem inevitable. To meet effectively 
 on the part of the Bar these changes, it is clear some- 
 thing more is wanted than government by Masters of the 
 Bench, who have little present interest of a material 
 kind in what concerns the mass of the Profession. What 
 immediately presses is the position of those whose busi- 
 ness is wholly or mainly conveyancing. If anything is 
 to be done, it would seem that they must act for them-. 
 selves, and promptly. 
 
 Lincoun’s Inv, 
 December, 1881. 
 
PREFACE 
 
 DOME ie) EER D. BDI LON 
 
 ee Oe 
 
 THe Bill for the Conveyancing Act, 1882, when intro- 
 duced in the House of Lords, contained the clauses of 
 the Bill of 1881 which had been struck out by the 
 Committee of the House of Commons, and also con- 
 tained two amending clauses relating to mortgages and 
 long terms (now ss. 11 and 12 of the Act). The Bill 
 in this form was sent down to the House of Commons, 
 where two clauses (ss. 5 and 6 of the Act) were added 
 in Committee. 
 
 Upon representations made by several Law Societies 
 that it was inexpedient to remove the protection afforded 
 to married women by the ceremony of acknowledgment, 
 a new clause (now s. 7 of the Act) retaining acknow- 
 ledgment in a more simple form was, in the Committee 
 of the House of Commons, substituted for the original 
 clause, which would have enabled a married woman to 
 deal with all her real and personal estate without that 
 ceremony. ‘The Married Women’s Property Bill, which 
 without any express reference to acknowledgment, prac- 
 tically abolishes it, to a great extent at once, and after a 
 few years wholly, seems to have escaped notice. The 
 result is, that as regards some kinds of property, three 
 different laws are now applicable to a married woman, 
 according as the acquisition of her property is under 
 an instrument (1) dated before 1858, or (2) dated after 
 1857 (see 20 & 21 Vict. c. 57), and before 1883 if she 
 was married before 1883, or (3) dated after 1882. 
 
xll PREFACE. 
 
 Also two different laws are applicable to the same 
 woman married before 1883 as to her property acquired 
 under an instrument (1) dated before 1883, and (2) dated 
 after 1882, so that she may dispose as if unmarried of 
 property acquired on the 1st January, 1883, which, had 
 it been acquired on the day previous, she could not have 
 dealt with without the ceremony of acknowledgment, at 
 the cost of £2 10s. as now fixed by the Solicitors’ 
 Remuneration Order. This complication would have 
 been prevented if the original clause in the Conveyancing 
 Bill of 1882 had been allowed to stand. 
 
 The Married Women’s Property Act, 1882, has been 
 included in this edition, as having a very important 
 bearing on the preparation of all documents to be 
 executed by married women. The Solicitors’ Remunera- 
 tion Act, 1881, is omitted. An order has been made 
 under it, taking effect from the commencement of the 
 year 1885, and it has ceased now to have any interest 
 except to those concerned in the question of costs. 
 Rule 4 of the Order recognises the right of a solicitor 
 to obtain the assistance of counsel in proper cases, and 
 the solicitor is not compelled to pay out of his own 
 pocket the fees of any counsel whose assistance he may 
 require, as seemed contemplated by a form of order 
 first proposed. It is believed that the only action taken 
 in the interests of the Junior Bar with reference to the 
 form of order so proposed, by which they would have 
 been seriously affected, without any benefit, perhaps 
 even at some loss, to the Public, was taken by a private 
 Society of Conveyancing Counsel. 
 
 Lincoun’s Inn, 
 March, 1888. 
 
TABLE OF CONTENTS. 
 
 ena Ome 
 
 PART I. 
 CHAPTER I. 
 SECT. I 
 
 GENERAL Errect or V. & P. A., THEC. A., & C. A. 
 soa ON NSERUMENTSO0 en nest mee? aces eh > be 1-5 
 
 SECT. 2. 
 GENERAL Erect or M. W. P. A. on INSTRUMENTS ., 6-10 
 
 CHAPTER IL. 
 
 Tne VENDOR AND Purcuaser Act, 1874.. .. « 11-15 
 SECT. 
 
 1. Forty years substituted for sixty as the root of 
 
 TLIC pests gee 11 
 2. Rules for reruienne astuestiin ial Fate of 
 
 vendor and purchaser .... . 11-13 
 3. ‘Trustees may sell, &c., oewitietantine maleate 13 
 4. Legal personal representative may convey legal 
 
 estate of mortgaged property... 6. ws ae ab, 
 5. Bare legal estate in fee simple to vest in executor or 
 
 administrator .. 4. * ab. 
 6. Married woman who is a tre Practes may con- 
 
 VOVs O00." Se eae 14 
 7. Protection and priority by y lead ne ae fobs 
 
 not to be allowed Pe gist ab. 
 8. Non-registration of will in ebelejgoe el pare 
 
 in certain cases es : 14, 15 
 
 9. Vendor or purchaser may sarees seuen of rie 
 
 in chambers as to requisitions or objections, 
 
 OME PEDSE LAUT OlCue fe sns spt l eek don ains 15 
 10. Extent of Act Pee Se a ee ae kk ts ab. 
 
X1V TABLE OF CONTENTS. 
 
 GHA ULL. 
 
 SECT. 
 
 CoNVEYANCING AND Law or Property Act, 1881 .. 
 
 ey ae 
 
 8. 
 
 9. 
 
 I.—PRELIMINARY. 
 
 Short title; commencement; extent.. 
 
 . Interpretation of property, land, &c. 
 
 II.—SALES AND OTHER TRANSACTIONS. 
 
 Contracts for Sale. 
 
 . Application of stated conditions of sale to all 
 
 purchases .. 
 
 . Completion of contract after death 
 
 Discharge of Incumbrances on Sale. 
 
 . Provision by Court for incumbrances, and sale 
 
 freed therefrom 
 
 General Words. 
 
 . General words in conveyances of land, build- 
 
 ings, or manor 
 
 Covenants for Title 
 
 . Covenants for title to be implied: (A) On 
 
 conveyance for value by beneficial owner, 
 pp. 32-34; also (B) on conveyance of lease- 
 holds for value by beneficial owner, p. 35. 
 (C) On mortgage by beneficial owner, p. 35- 
 37; also (D) on mortgage of leaseholds by 
 beneficial owner, p. 37. (4) On settlement, 
 p. 38. (#) On conveyance by trustee or mort- 
 gagee, p. 38. 
 
 Execution of Purchase Deed. 
 
 Rights of purchaser. as to execution .. 
 
 Production and Safe Custody of Title Deeds. 
 
 Acknowledgment of right to production, and 
 undertaking for safe custody of documents .. 
 
 PAGE 
 
 16-129 
 
 16 
 16-19 
 
 19-23 
 23, 24 
 
 25, 26 
 
 28-29 
 
 30—42 
 
 42-46 
 
SECT. 
 
 10. 
 11. 
 
 12. 
 13. 
 
 14. 
 
 15. 
 
 16. 
 ile 
 
 18. 
 
 19. 
 
 20. 
 OAR 
 BX 
 23. 
 24. 
 
 ‘25: 
 
 TABLE OF CONTENTS. 
 
 ITJ.—L&Asss. 
 
 Rent and benefit of lessee’s covenants to run 
 with reversion .. ene a: : 
 
 Obligation of lessor’s aan: to run venti 
 reversion .. Ce ae ene: 
 
 Apportionment of caaahiatant on severance, &c. 
 
 On sub-demise, title to leasehold reversion not 
 to be required .. 
 
 Forfeiture. 
 
 Restrictions on and relief against forfeiture of 
 leases .. 
 
 TV.—MortTGaAGEs. 
 
 Obligation on mortgagee to transfer instead of 
 re-conveying 
 
 Power for mortgagor a enenect file gers 
 
 Restriction on consolidation of mortgages 
 
 Leases. 
 
 Leasing powers of mortgagor and of mortgagee 
 in possession 
 
 Sale ;. Insurance; Receiver ; Timber. 
 
 Powers incident to estate or interest of mort- 
 gagee .. 
 
 Regulation of exercise fh sone Ae 
 
 Conveyance, receipt, &c. on sale 
 
 Mortgagee’s receipts, discharges &c. 
 
 Amount and application of insurance money .. 
 
 Appointment, powers, remuneration, and duties 
 of receiver 
 
 Action respecting Mortgage. 
 
 Sale of mortgaged property in action for fore- 
 closure, &c. 
 
 o1—54 
 
 55, 56 
 56, 57 
 o7 
 
 58-61 
 
 63-65 
 65, 66 
 66-68 
 
 69 
 69, 70 
 
 70-72 
 
XVl 
 
 30. 
 
 39. 
 
 40. 
 
 41. 
 42. 
 
 43. 
 
 44, 
 
 45. 
 
 TABLE OF CONTENTS. 
 
 V.—STATUTORY MorRTGAGE. 
 
 . Form of statutory mortgage in schedule .. 
 . Forms of statutory transfer of mane in 
 
 schedule 
 
 . Implied covenants, bays ith sadeualk: 
 . Form of re-conveyance of statutory mortgage 
 
 in schedule 
 
 ViI.—Trust anp Mortcace Esrates oN DEATH. 
 
 Devolution of trust and mortgage estates on 
 death .. 
 
 VII.—TrRustTEEs AND EXECUTORS. 
 
 . Appointment of new trustees, vesting of trust 
 
 property, &ec. 
 
 . Retirement of trustee .. 
 . Powers of new trustee eppOnted| by Mone 
 . Vesting of trust property in new or continuing 
 
 trustees 
 
 . Power for trustees for “ah i sek by wuotion we 
 . Trustees receipts .. 
 . Power for executors and sees: to eiitanute 
 
 &e. 
 
 . Powers ie a or more napteat nes or eines 
 
 VIII.—Marriep WomMEN. 
 
 Power for court to bind interest of married 
 woman < 
 Power of attorney af merce woman 
 
 ITX.—INFANTS. 
 
 Sales and leases on behalf of infant owner 
 
 Management of land and receipt and application 
 of income during minority Ms 
 
 Application by trustees of income of ame 
 of infant for maintenance, &c. : = 
 
 X.—RENTCHARGES AND OTHER ANNUAL Sums. 
 
 Remedies for recovery of annual sums charged 
 on land ‘2 
 
 Redemption of quitrents ar men Prerpettal 
 charges on 
 
 PAGE 
 
 74, 75 
 
 75, 76 
 76 
 
 yb 
 
 77, 78 
 
 80-82 
 83 
 ib. 
 
 84-86 
 86 
 
 86, 87 
 
 87, 88 
 88 
 
 ab. 
 89 
 
 tb. 
 90-94 
 
 94, 95 
 
 96, 97 
 
 97, 98 
 
TABLE OF CONTENTS. xv 
 
 XJI.—Powers or ATTORNEY. 
 
 SECT. PAGE 
 46. Execution under power of attorney ... : 99 
 47. Payment by attorney under power ero 
 
 notice of death, &c. good paar eit Ih eetoo; 100 
 48. Deposit of original instruments creating powers 
 
 of attorney has were te he lOO 10) 
 
 66. 
 
 Gf. 
 68. 
 
 XII.—Construcrion AND Errect oF DEEDS AND OTHER 
 
 INSTRUMENTS. 
 
 . Use of word grant unnecessary .. .. .. .. 101 
 . Conveyance by a person to himself, &e. .. .. 101, 102 
 - Words of limitation in fee or in tail... .. .. 102 
 . Powers simply collateral’ 4) #19 . 102,103 
 . Construction of supplemental or erneeee ideed 103 
 . Receipt in deed sufficient .... 103, 104 
 
 . Receipt in deed or indorsed, Peer for Sats 
 sequent purchaser .._.. - 104 
 
 . Receipt in deed or indorsed, Aiiicas: ers pay- 
 ment to solicitor .... wes ab. 
 . Sufficiency of forms in Fourth Saiteduls Bae, no 105 
 . Covenants to bind heirs, &e. eh ahah fos sina 106 
 . Covenants to extend to heirs, &ce. .. ..  .. 107 
 . Effect of covenant with two or more jointly .. 107,108 
 . Effect of advance on joint account, &. .. .. 108,109 
 . Grants of easements, &c. by way of use .. .. 109, 110 
 . Provision for all the estate, &c... .. ..  .. 110 
 Construction of implied covenants .. .... 111] 
 
 XI1I.—Lone TErRMs. 
 
 . Enlargement of residue of long term into fee 
 
 simple Peat Meee Me eg et es ee LL IS116 
 
 XIV.—ApDopTION or AcT. 
 
 Protection of solicitors and trustees adopting Act 115, 116 
 
 X V.—MISCELLANEOUS. 
 
 Regulations respecting notice .. .. ..  .. 116,117 
 Short titlerot ome 6 Wilk 4.¢.62 ~.. 2°. Wis 
 b 
 
XVlll TABLE OF CONTENTS. 
 
 XVI.—CourtT; ProceDURE; ORDERS. 
 
 SECT. PAGE 
 69. Regulations respecting payments into Court 
 
 and applications’) “.° "=. ely)... “eee 
 70. Orders of Court conclusive... .. .. «.  « 118,119 
 
 X VII.—REPEALS. 
 
 71. Repeal of enactments in Part III. of Second 
 Schedule ; restriction on all repeals ..  .. 119, 120 
 
 X VIII.—IRELAnp. 
 
 72. Modifications respecting Ireland Lt ee ae 120 
 73. Death of bare trustee intestate, &c. .. .. .. 121 
 SOHEDULES. +++ m,)me = etet rns ecispeeel) Geen aca mle cmennett 
 
 CHAPTER IV. 
 Conveyancine Act, 1882 sien ad “byrecl Po ke ck eae 
 
 Preliminary. 
 
 1. Short titles ; commencement; extent ; interpre- 
 tation 0.0 °°" ae ee ae aoe) a 
 
 Searches. 
 
 2. Official negative and other certificates of searches 
 
 for judgments, Crown debts, &. .. ..  .. 181-133 
 Notice. 
 
 3. Restriction on constructive notice .. .. .. 136 
 Leases. 
 
 4. Contract for lease not part of title to lease... 137 
 
 Separate Trustees. 
 
 5. Appointment of separate sets of trustees .. .. ab. 
 Powers. 
 6. Disclaimer of power by trustees ieee be 138 
 
 Married Women. 
 7. Acknowledgment .of deeds by married women 138-140 
 
TABLE OF CONTENTS. xix 
 
 Powers of Attorney. 
 PAGE 
 8. Effect of power of attorney, for value, made 
 
 absolutely irrevocable... .. . 141, 142 
 9. Effect of power of attorney, for atic or noe 
 made irrevocable for fixed time .. .. .. 142, 143 
 
 Executory Limitations. 
 
 10. Restriction on executory limitations hay 143 
 
 Long Terms. 
 
 11. Amendment of enactment respecting long terms 144 
 Mortgages. 
 12. Reconveyance on mortgage cavern, wl 44, 145 
 Saving. 
 13. Restriction on repealsin this Act ...... 145 
 Seki Lime men riko «|. Sale) ots lc Se a 146 
 
 CHAPTER V. 
 
 Marriep WoMEN’s Property Act, 1882... ..  ., 147-163 
 1. Married woman to be capable of holding pro- 
 perty and of contracting asa feme sole .. 147-149 
 2. Property of a woman married after the Act to 
 be held by her as a feme sole peadeetyy We 149 
 oe lucans by wite to husband: wy) (meee cei oad D495 150 
 4. Execution of general power geet s 150 
 
 5. Property acquired after the Act ie a woman 
 married before the Act to be held by her as 
 
 a feme sole ae. al be ea ee tb. 
 6. As to stock, &c., to at oer a diy getiot woman is 
 
 Cnsitledeee se <3 we ee weer ee LOU, Ly 
 7. As to stock, &c. to be ‘a ER fn to a mar- 
 
 ried woman ... ; : ! mL DL alod 
 8. Investments in ssn iit names Ree ees women 
 
 and others nae YK : : eee Loe los 
 9. As to stock, &c. standing in ihe ‘afin names of 
 
 a married woman and others ‘f boa 
 
 10. Fraudulent investments with money of aarindl 153, 154 
 11. Moneys payable under policy of insurance not 
 to form part of estate of the insured .,., 154, 155 
 
ax 
 
 Pa; 
 15. 
 14. 
 
 15. 
 16. 
 Li. 
 
 18. 
 1. 
 
 20. 
 21. 
 22. 
 23. 
 24. 
 25. 
 
 26. 
 27. 
 
 TABLE -OF CONTENTS. 
 
 PAGE 
 Remedies of married woman for protection and 
 
 security of separate property We 
 Wife’s ante-nuptial debts and liabilities .. .. 157, 158 
 Husband to be liable for his wife’s debts con- 
 
 tracted before marriage to a certain extent 158 
 Suits for ante-nuptial labilities os we LO 
 Act of wife liable to criminal proceedings __.. 159 
 Questions between husband and wife as to pro- 
 
 perty to be decided in asummary way _..._ 159, 160 
 
 Married woman as an executrix or trustee .. 160, 161 
 Saving of existing settlements, and the power 
 
 to make future settlements .... 161 
 Married woman to be liable to the atin for 
 
 the maintenance of her husband ...._.. 162 
 Married woman to be liable to the parish for 
 
 the maintenance of her children .._.. 162 
 Repeal of 33 & 34 Vict. c. 93; 37 & 38 Vict. 
 
 G00 Be mais a4 SAE) so pee eee ab. 
 Legal pera nina of mreeried woman .. .. 163 
 Interpretation of terms A ) he eee red ib. 
 Commencement of Act aioaN nie, wee ts tr ib. 
 Extent of Act ey eee ee ab. 
 Shorttitle OP sn se ee ab. 
 
 CHAPTER VI. 
 
 RULES OF THE SUPREME CouRT .. .  . .  .« 164-178 
 
TABLE OF CONTENTS. xxl 
 
 PART sit: 
 
 FORMS. 
 CHAPTER I.—CONTRACTS FOR SALE 
 GENERALLY Fe eee et ace ti LOL 
 
 CHAPTER IJ.—AGREEMENT FOR SALE BY 
 PeVe Cor GON DCA C Tener one) ae. 122-185 
 
 CHAPTER III.—CONDITIONS OF SALE. 
 
 Sect. 1.—Orpinary CoNnDITIONS OF SALE BY AUCTION 186-189 
 Sect. 2.—SpPECIAL CONDITIONS OF SALE ee ee 89-908 
 
 SEcT. 3.—SPECIAL CONDITIONS APPLICABLE TO SALES 
 UNDER THE CouRT Denese om ae shee Siyel'is ORR O0> 
 
 See also Inpex or Forms. (1.) Conditions implied by 
 statute. (II.) Conditions expressed in contract. 
 
 CHAPTER IV.—FORMS IN DEEDS AND WILLS. 
 
 Sect. 1.—Forms in Purcuase DEEeps. 
 
 a Proviso restricting covenant by tenant for life. 206 
 2. Covenant by purchaser of leaseholds to pay rent 
 
 and perform covenants .. .. ie 
 3. Acknowledgment of right to DronnCren of dear 
 
 and Undertaking for safe custody... .. .. 207 
 
 Sect. 2.—Forms In MortTGAGEs. 
 
 4, Covenant by mortgagor for payment of principal ab, 
 4a. Further advances st es he Gs Mein ab. 
 4b. And interest Sates mi melt: waise all> 208 
 4c. Joint and several Brrerents ee ee ab. 
 5. Trusts of principal term in aes me Ain 
 
 demise .. ab. 
 5a. Appointment of iotte eee as coc [s | 
 
 assign original term ms ib. 
 
 6. Proviso for redemption reno or io RE gE 209 
 
XXII TABLE OF CONTENTS. 
 
 13. 
 14. 
 15. 
 
 16. 
 We 
 18. 
 
 ‘tA 
 
 20. 
 21. 
 
 22. 
 
 23. 
 24. 
 20. 
 26. 
 7h 
 28. 
 29. 
 
 ath 
 sti be 
 
 . Proviso for redemption GN ed Charge on 
 
 copyholds .. 
 
 . Covenant to keep up life bases. 
 
 . Covenant to keep up fire insurance 
 
 . Provision for reduction of interest 
 
 . Another form (from half-year to hale 
 
 . Agreement for mortgage to continue for time 
 
 certain 
 
 Forms EXCLUDING C.A. 
 
 Power to consolidate 
 Power of immediate sale 
 Mortgagor’s leasing power restr Bene 
 
 Secr. 8.—ForMs 1N SETTLEMENTs. 
 
 Trust to sell real estate 
 
 Trust to invest 
 
 Investment clause 9 
 
 Large power of investment .. 
 
 Trusts of investments .. 
 
 Trust for wife for life,, then for naa for 
 life 
 
 ‘rust after qe e Si for Ghiteeal nea 
 alienation, and then for him or issue of mar- 
 riage, &c., at discretion of trustees 
 
 Trusts of two funds. Annual sum only vs 
 husband out of wife’s fund 
 
 Trusts for issue of marriage as ee al 
 wife or the survivor appoint; in default, for 
 children of marriage. Hotchpot clause 
 
 Clause excluding son entitled to settled estates 
 
 Advancement clause 8 
 
 Trust of surplus income after Pier of atte 
 to husband ~~ oR 
 
 Trusts in default of Riiaees ereaieae a Pactad 
 interest re 
 
 As to husband's trust fad 
 
 As to wite’s trust fund 
 
 Application of rents of real estate until ae 
 
 PAGE 
 
 209 
 210 
 211 
 212 
 213 
 
 215 
 216 
 217 
 
 ab. 
 218 
 
 ab. 
 
 219 
 220 
 221 
 222 
 223 
 
 ab. 
 
 ab. 
 
 ab. 
 224 
 
 225 
 
TABLE OF CONTENTS. 
 
 NO. | 
 
 32. Power to wife to Wee to husband annual 
 sum vote f 
 
 32a. Power to wife to appoint income dito Fos aricns 
 
 32b. Destination of surplus income ee suspense 
 of appointment 
 
 33. Power to wife to make Beene on ae 
 marriage 
 
 34. Covenant by Peed e een up veut on fe 
 life, and provisions relating thereto and to 
 substituted policy 
 
 35. Agreement to settle other Ricca of mits 
 
 36. Power to invest in the purchase of land 
 
 37. Power (obligatory) to invest in the purchase of 
 a residence HHLAS See 
 
 38. Power of leasing for peenie one years 
 
 39. Power to concur in partition 
 
 40. Power to deposit money in bank 
 
 41. Power to make contributory loans 
 
 42. Loan may be for a term ae ©. 
 
 43. Power to trustees to value and sais ee 
 funds y 
 
 44. Power to trustees to Berosit Pie to ee 
 for safe custody ne 
 
 45. Solicitor;trustee to be paid his re - 
 
 46. Power to appoint new trustees .. 
 
 Sect. 4.—Forms In WILLS. 
 
 47. Commencement of will ae Ate 
 
 48. Commencement of codicil. End of codicil 
 
 49. Appointment of trustees and executors, and 
 legacies to them o 
 
 50. Appointment of guardians .. Bo aN Does ges 
 
 51. Confirmation of testator’s marriage battlenet 
 
 52. Bequest to wife of furniture, &c., and legacy .. 
 
 53. Bequest of charitable legacies 
 
 54. Legacies to servants 
 
 55. Annuities to servants 
 
 56. Bequest of annuity Rs re 
 
 57. Gifts of legacies. Option to pay to married 
 woman or her trustees oh ges aren 
 
 237 
 
 238 
 
 239 
 
XXIV TABLE OF CONTENTS. 
 
 No. 
 
 58. Bequest to A. for life with remainder to his 
 issue per stirpes 
 
 59. In default of issue fund to fall ince reid 
 
 60. Legacies and annuity to be free of duty 
 
 61. General devise and bequest in trust for sale 
 
 62, 63. ‘Trusts of investments: to pay income to wife 
 during her widowhood [or during her life] .. 
 
 64, Trust for testator’s issue as wife shall appoint ; 
 in default, for children. aie clause .. 
 
 65. Advancement clause 
 
 66. Settlement of daughters’ share 
 
 67. Capital of daughter’s share in default of hat 
 children to accrue to other children 
 
 68. Bequest of legacies to daughters and settlement 
 thereof 
 
 69. In default of bhileeent aan apurtien: S leeey £6 
 fall into residue 
 
 70. Power to daughters to appoint life Ht DEEER re 
 surviving husbands.. 
 
 71. ‘Trustees on marriage of dinthtontn may dedlare 
 other trusts of her share [or legacy | 
 
 72 Declaration that any sum paid or settled iy 
 testator on the marriage of daughter to be 
 taken as part of her share [or legacy]... .. 
 
 73. Power to mortgage for payment of debts, &c. .. 
 
 74 Testimonium and attestation clause to will or 
 codicil 
 
 CHAPTER V.—PRECEDENTS. 
 Srecr. 1. PurcHase DeEeps. 
 
 I. Conveyance by mortgagees or trustees and 
 beneficial owner under C. A., 8s. 7 (1) A. 
 and F. (Witnessing part) 
 
 Il. Conveyance by trustees of power of sede sain 
 exchange by the direction of the tenant for 
 life under C. A., s. 7 (2) with a variation 
 under subs. 7. (ine part) 
 
 III. Conveyance by husband and wife under C. Au 
 Re Aak Ns bisa part.) Wife beneficial 
 owner 
 
 LV. He ith Both aventialta owners 
 
 249 
 
 250 
 
 ab. 
 251 
 
TABLE OF CONTENTS. 
 
 ie vat Conveyances by tenants in common. ( Wit- 
 nessing part) - 
 
 V LT: VLA Gon eran be iE fora 
 
 (ianentn part) 
 XI. Conveyance by tenant for life Pl remainder 
 man. (Witnessing part) : 
 
 Xa. Conveyance of freeholds by Pecenmalle owner 
 
 XII. Conveyance of freeholds by executor of sur- 
 
 vivor of deceased mortgagees under power 
 of sale in C. A. 
 
 XIIa. Conveyance of freeholds bs feet Be life 
 of proceeds of sale under a settlement which 
 creates a trust for sale.. Shad beg om pans Ree 
 
 XIII. Conveyance of leaseholds. (Witnessing part) 
 XIV. Conveyance of freeholds and leaseholds to 
 uses and upon trusts of a will 
 See further Precedent of Purchase Deed, Ne 
 XXXIT., post. 
 
 Sect. 2. Mortcacks AND FURTHER CHARGES. 
 
 For Precedent of a mortgage in fee, 
 without special provisions, see C. A., 
 Schedule 4, Form I. 
 
 For a Precedent of a mortgage in fee to 
 secure a consolidated debt, see Preced. 
 XXVI., post. 
 
 XV. Mortgage in fee with provisions for reduc- 
 tion of interest, continuance of loan, re- 
 stricting mortgagor’s power of leasing, 
 and authorizing consolidation .. 
 
 XVI. Mortgage of leaseholds 
 
 XVII. Mortgage of copyholds Si Dae 
 XVIII. Mortgage of freeholds, leaseholds, and 
 copyholds .. hy * 
 
 XIX. Mortgage of a life interest Bal ahs 
 
 For Precedent of a further charge by 
 
 supplemental deed on freeholds, see 
 
 C. A., Schedule 4, Form Il. 
 
 XX. Further charge by supplemental deed on 
 life interest and policy comprised in 
 Precedent XIX., and assignment of 
 further policy as security 
 
 255 
 
 256 
 
 258 
 
 259 
 
 264 
 265 
 266 
 
 267 
 269 
 
 eS) 
 J) 
 
XXxvl 
 
 XXI. 
 
 2. CAFE 
 
 XXII. 
 DOVLYs 
 XXYV. 
 XXVI. 
 XA T 
 
 XXVIII. 
 
 XXIX. 
 
 TABLE OF CONTENTS. 
 
 SecT. 3. TRANSFERS OF MORTGAGES. 
 Transfer by supplemental deed of mort- 
 gage in fee and further charge, adapted 
 to C. A., Sch. 4, Forms I. and II., mort- 
 gagor et concurring : 
 Transfer by supplemental deed of Ponte 
 gage in fee by executor of survivor of 
 deceased mortgagees, mortgagor con- 
 curring and receiving further advance 
 Transfer of a mortgage (long term) 
 Transfer of a mortgage (long term) 
 Transfer of mortgage in fee 
 Mortgage of fee to secure bomeehdaeed 
 debt, and further advance 
 Agreement under C. A., s. 18, ae 14, 
 in a mortgage varying power of leasing 
 Agreement under C. A., s. 18, subs. 16, 
 applying leasing powers of the Act to 
 mortgages previously made.. 
 
 Sect. 4. RECONVEYANCE. 
 
 Reconveyance by supplemental deed of 
 freeholds, leaseholds, and copyholds by 
 the administrator of the survivor of 
 deceased mortgagees 
 
 Sect. 5. SETTLEMENTS. 
 
 . Conveyance of freeholds and covenant 
 
 to surrender copyholds by husband, 
 upon trust for sale, in contemplation of 
 his marriage 
 
 XXXa. Ante-nuptial Ssteloment i hustiidd of 
 
 the proceeds of sale of hereditaments 
 settled on trust for sale by the last pre- 
 cedent, and by wife of investments 
 transferred ; upon trusts for husband 
 and wife successively for life, his in- 
 terest in wife’s trust fund determining 
 on alienation; trusts for issue of mar- 
 riage as husband and wife or the sur- 
 vivor appoint; in default, for children 
 of the marriage; agreement to settle 
 
 PAGE 
 
 276 
 
 ab. 
 
 290 
 
 292 
 
TABLE OF CONTENTS. XXVi 
 
 PAGE 
 other ‘property of wife and other pro- 
 
 visions .. 293 
 XXXII. Ante-nuptial pontlentent ie ES ce 
 investments transferred by him, and by 
 wife of her reversionary shares under a 
 settlement and will; upon trust as to 
 husband’s trust fund, for husband and 
 wife successively for life, and as to 
 wife’s trust fund, for wife and husband 
 successively for wife, his interest in 
 wife’s fund determining on alienation ; 
 trusts for issue of marriage as husband 
 and wife or the survivor shall appoint ; 
 in default, for children of the marriage ; 
 power to wife to make a settlement on 
 future marriage; agreement to settle 
 other property of wife; covenant by 
 wife’s father to pay an annuity; powers 
 to invest in the purchase of land gene- 
 rally; also in the purchase of a resi- 
 
 dence, and other provisions .._.. 297 
 XXXII. Conveyance of a residence purchased Bert 
 of settled money by the trustees of the 
 
 settlement (Preced. XXXI.).. ..  .. 304 
 XXXII. Ante-nuptial settlement under the ie 
 fants’ Settlement Act of the wife’s por- 
 tion raisable under the trusts of a term, 
 and her share of a testator’s residuary 
 estate, being administered by the Court; 
 on trusts for the wife and husband suc- 
 cessively for life, and then for the issue 
 of the marriage as husband and wife or 
 the survivor shall appoint ; in default, 
 for children of the marriage, except an 
 eldest son and any other son who before 
 he attains twenty-one succeeds to a 
 title, unless he shall be the only child ; 
 power to raise money for wife’s outfit, 
 and to pay costs of settlement, and of 
 
 administration action ..  .. _ 306 
 XXXIV. Ante-nuptial settlement of OHS on 
 husband’s life. ( Witnessing part.) Varia- 
 
XXVI11 TABLE OF CONTENTS. 
 
 tion where husband demises his life 
 interest in settled lands to secure pay- 
 ment of the premiums .. 
 
 XXXV. Transfer of a mortgage in Prien place 
 of the marriage of the mortgagee 
 
 PAGE 
 
 313 
 
 316 
 
 Sect. 6. APPOINTMENT, RETIREMENT, AND DISCHARGE OF 
 
 TRUSTEES. 
 
 XXXVI. Appointment of a new trustee of the 
 settlement, Preced. XXXI.; and decla- 
 ration vesting the right to recover 
 part of the trust property under C. A., 
 s. 34 (1), by supplemental deed .. 
 
 XXXVITI. Appointment by supplemental deed of a 
 new trustee of the residence purchased 
 by the settlement trustees, Preced. 
 XXXII.; and declaration vesting it 
 underiGs A.) 8.34001) eeee ee 
 
 XXXVIII. Appointment of a new tee af a: 
 mortgage debtsettled by Preced. XXX V., 
 and transfer of the mortgage, the trusts 
 being disclosed a 
 
 XXXIX. Transfer of a mortgage on tie naa 
 ment of a new trustee, the trust not 
 being disclosed .... 
 
 XXXIXa. Appointment of separate trustees nee 
 a will under C. A., 1882, s. es 
 
 XL. Retirement and discharge . a trustee 
 under C. A., s. 82; and declaration for 
 vesting the right to recover part of 
 the trust property in the continuing 
 trustees alone under s. 384 (2); by deed 
 supplemental to the settlement, Preced. 
 XXXI., and to the appointment of a 
 new trustee thereof nies 
 
 XLI. Retirement and discharge of a fetes of 
 the residence purchased by settlement 
 trustees, Preced. XXXII.; and decla- 
 ration vesting it in the continuing 
 trustees alone .. 
 
 XLII. Retirement and Aiecten is a rie of 
 the freeholds and copyholds settled on 
 
 318 
 
 320 
 
 321 
 
 323 
 
 324 
 
 329 
 
No. 
 
 TABLE OF CONTENTS. 
 
 trust for sale previous to marriage, 
 Preced. XXX.; and declaration vesting 
 the freeholds and the right to sue on 
 the covenant to surrender the copyholds 
 in the continuing trustees alone .. 
 
 XLITI. Release of mortgage settled by Preced. 
 
 XXXV. on the retirement and dis- 
 charge of a trustee, the trust being 
 disclosed . 
 
 XLIV. Release to ante et ced of moneate 
 
 on the retirement and discharge of one 
 trustee, the trust not being disclosed .. 
 
 Sect. 7. WILLS. 
 
 XLY. Will of a married man bequeathing fur- 
 
 niture, &c., to wife, charitable and 
 other legacies, an annuity, and a sum 
 to one for life with remainder to his 
 issue per stirpes; general devise and 
 bequest of real and residuary personal 
 estate upon trust for sale and conver- 
 sion; for investment of proceeds and 
 payment of income to wife during 
 widowhood, with remainder to testator’s 
 
 - issue as wife shall appoint, in default, 
 
 to children equally ; advancement and 
 other clauses, and settlement of daugh- 
 ters’ shares, giving them power to 
 appoint life interests to surviving 
 husbands ; and other provisions 
 
 Sect. 8. ENLARGEMENT OF Lone 'T'ERMS. 
 
 XLVI. Enlargement of a long term into a fee 
 
 by tenant for life 
 
 XLVII. Enlargement of a long term ine a fee is 
 
 executors of deceased owner, as to part 
 of the demised property 
 
 INDEX TO THE STATUTES AND NOTES .. 
 
 InpEX To Forms .. 
 
 Xx1x 
 
 PAGE 
 
 330 
 
 331 
 
 332 
 
 336 
 
 339 
 374 
 
wintrd LEY 
 ee eb | 
 ( f 1S aA - 
 
‘(xx x1) 
 
 TABLE OF CASES. 
 
 PAGE 
 Ackroyd v. Smith: .  . . 110 
 Adams’ Trusts, Re . . . 81 
 meron te... se LE 
 Atcherley v. Du Movine LOU 
 Attenborough v. Attenborough 243 
 
 Bamford v. Creasby . . . 52 
 Bargent v. Thomson. . . 52 
 parker os. Lrusts, We.) os. OL 
 Barkshire v.Grubb . . . 380 
 
 Barlow v. Rhodes . . . 29 
 Bathe v. Bank of England . 148 
 Beaudely v. Brook . . . 110 
 Bellamy, Re . . 42,105 
 Benham vy. Keane . . . 135 
 
 Bolland, He parte . 161, 229 
 Bolton v. London §. Board 12, 253 
 
 cave igige cea ee LS 
 Bracebridge v. Buckley . . 52 
 Broad v.Munton. . . . 20 
 Bromley v. Holland . . . 209 
 Brooke v. Pearson’ . . . 219 
 Brown & Sibly’s Contract, 
 
 Jey ee ORE (ek ald 65) 
 Brown v. Sewell. . . . 46 
 iter lene. Ciseeiee tr ee LED 
 Bucroucis ce eee ah eels 
 
 Caballero v. Henty 182, 199 
 Galo. Bente P88 
 Calvert v. Godfrey 90 
 Camberwell Bldg. Shc v. Hol- 
 
 loway . * 193, 198 
 Catling vs King Yes: = °. 189 
 Chester v. Willan . . . 101 
 
 Cholmeley v. Paxton. . . 189 
 Chorley v. Lings. .  . . 103 
 
 Christie v. Ovington . 
 
 Clay & Tetley, Re 
 Clerk v. Laurie 
 Coombes’s Case 
 Conelly v. Steer . 
 
 Cooper & Allen, Re . 
 
 Cooper v. Macdonald. 
 Cornmell v. Keith 
 Cotterill’s Trusts, Re. 
 Cotton, Re 
 
 Coward & Adams’ Purchase, 
 
 Ee Oaks a Sa ts 
 Cuthbertson v. Irving 
 
 D’Adhemar v. Bertrand . 
 Darlington v. Hamilton . 
 
 Dawes v. Tredwell 
 Dering v. Kynaston . 
 Dicker v. Angerstein. 
 Dickin v. Dickin . 
 Dodson v. Powell. 
 Doe v. Byron 
 
 —— v. Prosser 
 
 —-—v. Robinson . 
 Dunstan vw, Patterson 
 
 Eldridge v. Knott 
 Emmins v. Bradford . 
 Essex v. Daniel . 
 
 Foster and Lister, Re 
 Freeman v. Read . 
 Frontin v. Small . 
 
 Gausson v. Morton 
 George, Re ene 
 Gibbon’s Trusts, Re . 
 
 PAGE 
 
 14, 15, 193 
 
 eels 
 . 209 
 sit 
 . 215 
 
 86 
 8, 138 
 . 150 
 e137 
 95 
 
0.0.41 
 
 PAGE 
 Gorely, Hx parte. 53, 70 
 Gowan, Re oe 
 Grant v. Ellis se Lid 
 Greenslade v. Dare . 104 
 
 Hadgett v. Com. of In. Rev. 84 
 
 Hall Dare’s Contract A he 
 Harbin v. Darby . . 236 
 Hargreaves v. Rothwell . . 186 
 
 Harnett v. Baker. .-. . 20 
 Haywood v. Brunswick Bldg. 
 Society . ry ea 
 Hiatt v. Hillman. <, . « 67 
 Hill». (Barclays. ew <m Jens 
 Hindle y. Taylor . . 138 
 Hobson v. Bell 187, 202 
 Hodges v. Hodges . . . 89 
 Holdernesse v. Carmarthen . 78 
 
 Holliday v. Overton . . 224 
 Holmes v. Penney tal 9 
 Holt v. Everall . LG 
 
 Hoole v. Smith . . . . 65 
 Hornby v. Matcham. . . 46 
 Hughes v. Metrop. R.C.. . 52 
 U. WHDDA Alar 5 coe 
 Hume v. Bentley. . . . 20 
 
 Jackson v. Talbot . . . 91 
 James v. Rumsey . . . 46 
 Jonesy. Ulinord' sess ee 
 
 Jones’ Will, Re . 150 
 Kay vsUxley's < eee oe ar oO 
 Keene v. Biscoe . 214 
 Keer v. Brown 193 
 Kennedy v. Green 104 
 Keppell v. Bailey 106 
 Knight v. Browne 219 
 Langridge v. Payne . . 214 
 Lavender v. Stanton. . . 92 
 Lawrie v. Lees . . . 21,1438 
 Lester v. Garland 219 
 Letehiord, sé san ce ee) 
 Liddell v. Liddell . . . 90 
 Lallwall, (Ree sate Ae 
 
 TABLE OF CASES. 
 
 PAGE 
 Lyons v. Tucker . . 215 
 Lysaght v. Edwards . 23, 24, 78 
 Madeley v. Booth « 198 
 
 Marsh v. E. Granville 21, 180, 191 
 Marsony. Cox . .. .) se 
 Morgan v. Milman . . . 24 
 v. Swansea U. S. 
 Authority . . 14, 193 
 Morris v7. Dimes eo. i... 3 “eee 
 Morton v. Woods . . . 62 
 
 National Provincial Bank »v. 
 Harle . a ty 
 
 Newman v. Warner. . . 84 
 
 Nokes v. Gibbon... 7 Raye 
 
 Osborne v. Rowlett . 258 
 
 Parkinson v. Hanbury . . 67 
 
 Parr v. Lovegrove oidgalae 
 Patman v. Harland . 12, 19, 187 
 Pease v. Jackson. . . . 14 
 
 Phipps v. Lord Ennismore . 219 
 Pike v. Fitzgibbon . . 40, 149 
 Potter v. Duffield 183 
 Pollock v. Rabbits . 204 
 Procter v. Cooper . . 135 
 Propert, Re . 208 
 Punnett, Hx parte . 215 
 Queen v. Harrald wes 
 Quilter v. Mapleson. . 52, 120 
 Rayner v. Preston <199 
 
 Rede v. Oakes . . . . 86 
 Roberts v. Ball . . . . 68 
 Robinson v. Wheelwright . 88 
 
 Rossiter v. Miller . 189 
 Routledge v. Dorril . . 243 
 Sellick v. Trevor. . . . 20 
 Shove v. Pincke . awit 
 
 Siggers v. Evans. . . . 81 
 Smith v. Lucas 6, 88, 313 
 
TABLE, OF CASES. 
 
 PAGE 
 
 Smith v. Robinson . . . 20 
 -v. Wheeler . . . 80 
 poane v. Ireland; sane 6) L? 
 Sowarsby v. Lacy . . 92 
 
 Spencer’s Case . 48, 49, 106 
 Spradbery’s Mortgage, Re . 13 
 Stafford v. Buckley . . . 78 
 Stanhope v. Manners woke 
 Stanley v. Grundy es eclo 
 Stephenson, fe . . . . 8 
 
 Stockton, &c. Co. Re . . 215 
 Swinbanks, Ha parte . 42, 104 
 Tamplin v. Miller . . . 89 
 Tanqueray - Willaume and 
 Landau, Re 187 
 Teasdale v..Braithwaite. . 7 
 Teevan v. Smith . 55, 56 
 PENOMIGS SAG re a ee OL 
 Trimmell v. Fell . 224 
 Tulk v. Moxhay . , 106 
 Tullett v. Armstrong . . 40 
 
 XXXlll 
 
 PAGE 
 Tussaud v. Tussaud. . . 8&8 
 
 Union B. of London v. Ingram 73 
 
 Viney v. Chaplin. 42, 104, 105 
 
 Waddell v. Wolfe . . . 20 
 Wade v. Wilson. . . . 74 
 Wale v. Com. of In. Rev. . 76 
 Want v. Stallibrass . mle 
 Warde v. Dixon . oP ea J Rot! 
 Watts v. Kelson. . . . 380 
 Weston v.. Davidson. . . 1% 
 White v. Cuddon, 202 
 Wilks v. Back . . 148 
 Williams v. Hathaway . 42, 47 
 Willock v. Noble . 224 
 Willoughby v. Middleton 6, 313 
 Wilson v. Greenwood Fores 
 Wilson v, Hart . , . 106 
 Woolley v. Colman 73, 74 
 Wola, ferme we re eee 
 
 C 
 
- : ej s 
 ib OS, ED 
 f ‘ : 
 
 e \ q 
 
THE VENDOR AND PURCHASER ACT: 
 
 THE CONVEYANCING AND LAW OF PROPERTY 
 ACT, 1881; 
 
 THE CONVEYANCING ACT, 1882; 
 
 AND 
 
 THE MARRIED WOMEN’S PROPERTY ACT, 1882. 
 
 —+e——. 
 
 eeAT ED yt: 
 
 _ 
 
 CHAPTER I. 
 
 Sect. I. 
 
 GENERAL EFFECT OF THE VENDOR AND PURCHASER 
 ACT, 1874, THE CONVEYANCING AND LAW OF PRO- 
 PERTY ACT, 1881, AND THE CONVEYANCING ACT, 
 1882 (a). 
 
 For convenience of draughtsmen the following short kftct of V. & 
 statement is given of the manner in which the V. & a renege 
 ‘P.A., the C. A., and the C. A. 1882, affect the form contents of 
 and contents of various documents. 4 
 
 (1.) Contracts for sale need not contain conditions as Contracts. 
 
 regards title and evidence of title except in 
 special cases, as where the title is less than forty 
 years, or where deeds abstracted cannot be pro- 
 duced, &.: OC. A.s.3. An open contract may 
 be safely made in case of an ordinarily good 
 forty years title, but it is advisable to state the 
 
 date of commencement, see note, p. 21. 
 
 (a) In the following pages the letters C. A. refer to the Conveyancing 
 and Law of Property Act, 1881; the letters and figures C. A., 1882, 
 refer to the Conveyancing Act, 1882; the letters V. & P. A. refer to 
 the Vendor and Purchaser Act, 1874; and the letters M. W. P. A, refer 
 to the Married Women’s Property Act, 1882. | 
 
 B 
 
Abstracts. 
 
 Evidence of 
 
 selsin of testa- 
 
 tor may still 
 be necessary. 
 
 Recitals. 
 
 Expenses. 
 
 What clauses 
 to be omitted 
 in decuments. 
 
 Z GENERAL EFFECT OF V. & P. ACT, 1874, 
 
 (2.) Abstracts of title commence— 
 
 (a) As to freeholds with a document at least forty 
 years old: V.Wabscas, 6.11, 
 
 (b) As to leaseholds with the lease or underlease: 
 V. & OP. A 8 andi Ales. 3. (ue 
 
 (c) As to the freehold interest in enfranchised 
 lands with the deed of enfranchisement: C. A., 
 8.3 (2). | 
 
 (d) A lease or underlease is to be deemed prima 
 facie good, the last receipt for rent being 
 evidence of performance of covenants, and, in 
 case of an underlease, of performance also of 
 covenants in the superior lease up to the date 
 of actual completion of the purchase: C. A., s. 3 
 (4), (5). 
 
 But where the abstract commences with a will no 
 alteration in the practice is made, consequently evidence 
 of seisin may or may not be required, according to cir- 
 cumstances, and a clause preventing any requisition on 
 this point may still be necessary. 
 
 (3.) Recitals 
 
 (a) Of facts in documents, as to land or heredita- 
 ments, twenty years old are evidence: V. & P. A., 
 s. 2. 
 
 (b) Of documents, as to any property, dated prior to 
 the legal or stipulated time for commencement 
 of the abstract are to be taken as correct, and 
 production is not to be required: C. A., s. 3 (8). 
 
 (4.) Expenses 
 
 Of evidence required in support of abstract and 
 not in vendor’s possession are thrown on the 
 purchaser: C. A., s. 3 (6). 
 
 (5.) In documents after 1881 there need be 
 
 (a) No general words: C. A., s. 6. 
 
 (6) No all estate clause: C. A., s. 63. 
 
 (c) No special directions as to mode of sale in a 
 trust or power for sale, but only the words, 
 “Upon trust to sell” or “ With power of sale,” 
 as the case may be: C. A,, s. 35. 
 
C. A. 1881, AND ©. A. 1882. 3 
 
 (2) No receipt clause: C. A., ss. 22, 36. 
 
 (¢) No mortgage joint account clause: C. A., s. 61. 
 
 (f) No power to survivors or survivor of several 
 executors or trustees to do any act: C. A, 
 s. 38; nor to “assigns” as new trustees have 
 all the power of the original trustees, ss. 380, 31 
 (5). Powers should simply be given to trustees, 
 their executors or administrators. 
 
 (g) No mention either of heirs, executors, admini- 
 strators, or assigns, whether of covenantor or 
 covenantee, obligor or obligee, nor of the 
 survivors or survivor of several covenantees or 
 obligees, nor of the heirs, executors, or ad- 
 ministrators of the survivor, nor of their or his 
 assigns, need be made in covenants or bonds: 
 C. A., ss. 58, 59, 60; except where a restrictive 
 covenant is intended to be made binding so far 
 as the law allows on the land, and then the 
 assigns of the covenantor should be men- 
 tioned. 
 
 (h) No particular technical operative word is re- 
 quired to pass a freehold: C. A., s. 49. 
 
 (z) No necessity for the word “heirs,” “ heirs of the 
 body,” &c., to create an estate of inheritance. 
 (But on this point there is still a distinction 
 between a deed and a will. In a deed the 
 estate to be limited must still be described 
 accurately as “fee simple,” “in tail,” &e., and 
 cannot be created, as in a will, by informal ex- 
 pressions): C. A., s. 51. 
 
 (k) No multiplication of receipt clauses for con- 
 sideration. One receipt in the body of the deed 
 or indorsed is sufficient: C. A., s, 54. 
 
 (1) No power to executors or trustees to compound 
 or compromise (contra as to administrators) : 
 OAs 37. 
 
 (m) No remedy given for the recovery of rent- 
 charces = (iA) s. 44. 
 
 B 2 
 
 What words or 
 clauses un- 
 necessary. 
 
Covenants for 
 title. 
 
 Covenant to 
 produce deeds. 
 
 Powers con- 
 ferred on mort- 
 gagors and 
 mortgagees. 
 
 Devise of trust 
 and mortgage 
 estates. 
 
 Appointment 
 of new trustees. 
 
 GENERAL EFFECT OF V. & P. ACT, 1874, 
 
 (n) No powers for the receipt or application of | 
 income during minority, nor for the accnmula- 
 tion of surplus income: C. A., ss. 42, 43 (a). 
 
 (6.) Covenants for title are not required, but by stating 
 the character in which a person conveys the proper 
 covenant by him is incorporated: C. A., s. 7. 
 
 (7.) A covenant for production of deeds is no longer 
 required. A mere acknowledgment as defined by 
 the Act gives the proper title to production and 
 delivery of copies, and a mere undertaking gives 
 the proper remedy in case of destruction or 
 damage: C. A., s. 9. 
 
 (8.) In a mortgage by deed there are supplied 
 
 (2) Power for mortgagor and mortgagee when in 
 possession to grant leases: C. A., s. 18. In 
 some cases it may be necessary to vary this 
 power; but it is conceived that the power 
 ought not in any case to be entirely negatived. 
 
 (b) Power for mortgagee to sell and to msure 
 against fire, and when in possession to cut and 
 sell timber: C. A., ss. 19, 28. 
 
 (c) Power for mortgagee to appoint a receiver: C. A., 
 ss. 19, 24. | 
 
 (d) Power for mortgagee to give a receipt for sale 
 money and other money comprised in the mort- 
 gage, and trusts for application thereof: C. A., 
 s. 22. 
 
 (9.) In a will, a devise of trust and mortgage estates is 
 not required and should not be inserted. It is 
 practically inoperative if inserted: C. A., s. 30. 
 
 (10.) As to appointments of new trustees, 
 
 (a) A power to appoint is only required where it is 
 to be exercised otherwise than by the trustees 
 or trustee for the time being: C. A., s. 31 (1). 
 
 (b) The original number of trustees need not be 
 preserved, except that where there were origi- 
 
 (a) But where any trust of the accumulated rents and profits other 
 
 than those stated in s. 42 (5) iii. is required, it must be mentioned. 
 
Cc. A. 1881, AND C. A. 1882. D 
 
 nally two or more, one cannot be discharged un- 
 less two places at least be full: C. A., s. 31 (8). 
 (c) An appointment of new trustees should contain 
 the proper declaration as to vesting: C. A., 
 s. 34; and where there are more than two 
 trustees, and one simply retires and his place 
 is not filled up, there must be a deed of con- 
 sent to his discharge and to the vesting of the 
 trust property in his co-trustees: C. A., s. 32 
 (see Precedents, post). 
 (d) A separate set of trustees may be appointed for 
 each distinct trust: C: A., 1882, s. 5. 
 (11.) As to powers of attorney, 
 (a) A power given for valuable consideration can 
 be made irrevocable in favour of a purchaser, 
 lessee, or mortgagee: C. A., 1882, s. 8. 
 (b) Any power of attorney can, in favour of the same 
 persons, be made irrevocable for any period 
 not exceeding one year from its date: C. A., 
 1882, s. 9. 
 (c) The attorney may sign and seal in his own name: 
 C. A., s. 46. 
 (d) Access to a power of attorney is enabled by 
 means of deposit in the Central office, and 
 office copies can be obtained: C. A., s. 48. 
 (12.) Ininstruments after 1881 an executory limitation 
 over of an estate in fee, or for a term, on 
 ‘failure of issue, becomes incapable of effect 
 when any of the issue attain the age of twenty- 
 one years: C. A., 1882, s. 10. This section 
 applies only to land or hereditaments. 
 (13.) Powers, whether coupled with an interest or not, 
 ean be disclaimed, in like manner as an estate 
 can be disclaimed: C. A., 1882, s. 6. 
 (14.) Deeds may be supplemental or annexed instead 
 of indorsed, and will be read as indorsed on 
 the principal deed: C. A., s. 53. 
 
 Separate 
 trustees. 
 
 Powers of 
 attorney. 
 
 Executory 
 limitations. 
 
 Disclaimer of 
 powers. 
 
 Supplemental 
 deeds. 
 
Married 
 womun’s 
 power of 
 disposition. 
 
 Separate use. 
 
 Acknowledg- 
 ment. 
 
 Executrix or 
 trustee. 
 
 Power of ap- 
 pointment not 
 necessary. 
 
 Covenant to 
 settle future 
 property. 
 Where wife an 
 infant, 
 
 BaP 
 
 6 
 
 GENERAL EFFECT OF THE 
 
 Secor. ILI. 
 
 GENERAL EFFECT OF THE MARRIED WOMEN ’*S PROPERTY 
 ACT, 1882. 
 
 The general result of this Act as regards the form and 
 effect of documents is as follows :— 
 
 (1.) As to disposal of property or things in action 
 
 (a) Every woman married after 1882, and 
 (b) Every woman married before 1883, as regards 
 property and things in action acquired after 
 1882 
 can convey as if she were a feme sole, and the concur- 
 rence of her husband in any disposition is not necessary. 
 
 (2.) A trust for the separate use of a married woman 
 appears no longer necessary. A simple restraint on anti- 
 cipation, where desired, is effectual (s. 19), and sufficient, 
 even in case of a settlement made by herself of her own 
 property. 
 
 (3.) Acknowledgment of deeds is only necessary where 
 the property was acquired and the woman was also 
 married before 1883, in which case the mode of acknow- 
 ledgment is now simplified by C. A., 1882, s. 7. 
 
 (4.) A married woman can be made an executrix or 
 trustee without any inconvenient consequences as regards 
 mode of dealing with the property. 
 
 (5.) It is no longer necessary to give a married woman 
 a power of appointment in order to enable her to dispose 
 of property either by deed or will. — 
 
 (6.) In settlements it is sufficient that she alone cove- 
 nants to settle her future property. The covenant of the 
 husband has no effect, consequently where the wife is an 
 infant at the time of marriage, no binding covenant can 
 be obtained except under a settlement made by the 
 Court; but she may be put to her election to confirm the 
 settlement or take nothing under it: Willoughby v. 
 Middleton, 2 J. & H. 344; Smith v. Lucas, 18 Ch. D. 
 ddl. 
 
MARRIED WOMEN’S PROPERTY ACT, 1882. 7 
 
 (7.) Any covenant to settle, and any settlement of real Post-nuptial 
 or personal estate by a woman after marriage will, unless ethene, by 
 a consideration is given, be voluntary and liable to all woman. 
 the incidents of a voluntary covenant or settlement, and 
 the principle of Teasdale v. Braithwaite, 4 Ch. D. 85, 
 
 ) 2b. 630, and Re Foster and Lister, 6 Ch. D. 87, no 
 longer applies. 
 
 (8.) Except that a woman in settling her property has 
 the power which a man has not, to restrain herself from , 
 anticipation during coverture, all settlements by women 
 are now placed on the same footing as settlements by 
 men (s. 19). 
 
 (9.) The covenant of indemnity against the wife’s Separation 
 debts which has hitherto supported a simple deed of “°° 
 separation as a settlement for value, now ceases, as regards 
 women married after 1882, to be available for that 
 purpose. 
 
 (10.) It seems that a document sealed and delivered Deeds 
 by amarried woman is now her deed at common law, and 8°°"*!'Y- 
 not merely a writing sealed and delivered, she being for 
 all purposes of property and contract a feme sole; but 
 the Act does not expressly say so. 
 
 ‘The Act seems to render obsolete as to women married Separate use ; 
 after 1882 all the cases as to fraud on the husband’s SUty f°. 
 marital rights, and also as to all property devolving 
 after 1882 on a married woman, the numerous cases as to 
 reduction in possession and as to what creates a separate 
 use, and as to her equity to a settlement. 
 
 Also it is conceived that under a gift after 1882 to Joint tenancy. 
 husband and wife in terms which would make them 
 joint tenants if they were not married, they will no 
 longer take as one person or hold by entireties, but take 
 in the same manner as two unmarried persons as joint- 
 tenants, and take each a share where Fite is a ae Pe, v Harr 
 
 joint-tenant or tenant in common. So under a limi- A) WV. 23. j.33 
 
 tation to husband and wife and the heirs of their bodies ek 
 they will take as tenants in common in tail (see Fearne, 24 Vo oe 
 C. R.°39, 40). 
 
 The Act contains no express provision as to whether a Estate by 
 
curtesy and 
 marital right. 
 
 Wife not feme 
 sole under Act 
 of 1870. 
 
 8 GENERAL EFFECT OF THE 
 
 husband married after 1882, or a husband married before 
 1883, in respect to property acquired after’ 1882, will in 
 the absence of any disposition by the wife during her life 
 or by will become absolutely entitled in his marital right 
 to the wife’s personal estate on taking out letters of 
 administration or become tenant by the curtesy. Under 
 the old law equity only interfered just so far as was 
 necessary to give effect to the separate use. By the 
 death of the wife without making any disposition the 
 separate use was exhausted, and all the husband’s rights 
 remained as if it had never existed (see Cooper v. Mac- 
 donald, 7 Ch. D. 296, per Jessel, M.R.). But now (see 
 M. W. P. A., s. 1) the wife takes as a feme sole, and is a 
 separate individual, the husband takes nothing in his 
 marital right during the coverture, and it seems impos- 
 sible to say that he can have any marital right after the 
 coverture is ended. If this is the correct view the wife’s 
 personal estate will on her death intestate in the lifetime 
 of her husband devolve on her next of kin, and he will 
 be wholly excluded. ‘This is in accordance with In the 
 Goods of Worman, 1 Swab. & Trist. 513, a case arising 
 on 20 & 21 Vict. c. 85, s. 21, which provides that after a 
 protection order the earnings and property of a married 
 woman deserted shall belong to her “as if she were a 
 feme sole,” and deciding that the next of kin were as 
 against the surviving husband entitled to letters of ad- 
 ministration limited to property acquired after desertion : 
 see also In the Goods of Stephenson, L. R. 1 Prob. & D. 287. 
 
 The Married Women’s Property Act, 1870 (83 & 34 
 Vict. c. 93), does not use the words “feme sole,” but only 
 the ordinary expressions “separate use” (see ss. 1, 3, 4, 
 5, 7, 8, 10, 12) and “separate property” (see ss. 2-5, 9, 
 11, 18, 14), not interfering therefore with the husband’s 
 marital rights further than is done by the same expres- 
 sions used in a settlement or will. It probably was ‘the 
 intention of the framers of the Act of 1882 to put the 
 wife in the same position as under the ordinary trusts of 
 a marriage settlement, where, in default of children, she 
 has a power of appointment by will, and in default of 
 
MARRIED WOMEN’S PROPERTY ACT, 1882. a 
 
 appointment her next of kin take. This effect of the 
 Act will be a surprise to many. 
 
 The estate by the curtesy was an extension during the 
 husband’s whole life (arising on birth of inheritable 
 issue) of his freehold in right of his wife during the 
 joint lives (Burton, Real Prop. 145-6), where the estate 
 of the wife was an inheritance in possession (Fearne, 
 C. R. 341-2). If the estate by the curtesy still exists it 
 is wholly changed in its nature. The husband has no 
 present freehold in his wife’s right, nor can he have any 
 remainder, there being no particular estate. He must 
 
 take, if at all, by quas¢ descent in the same manner as 
 the heir. It seems impossible to say that the Act im- 
 pliedly creates a new kind of descent. 
 
 The wife’s term of years in land, and her chattels 
 passing by delivery, acquired after 1882, no longer vest 
 legally in the husband, nor are they capable of being 
 assigned by him. He can only become entitled thereto, 
 if at all, on his wife’s death as her personal representa- 
 tive. - 
 
 Also marriage is no longer a severance of the wife’s 
 joint-tenancy in chattels passing by delivery (see 
 Williams on Pers. P. 409, 9th ed.) 
 
 Under the Statutes of Limitations there is no longer 
 in regard to property acquired after 1882, any saving in 
 favour of a wife on account of the disability of coverture. 
 
 The wife, placed in the position of a feme sole, is 
 merely to be considered as having no husband living, 
 ‘therefore her issue take as her heirs or next of kin on her 
 death intestate. 
 
 The Act does not enable a donor to make a conveyance 
 or devise to husband and wife which will put them in the 
 same position as before the Act. Every married woman 
 coming within the terms of the Act appears now to be 
 absolutely ‘divorced from her husband for all purposes 
 connected with her own property, although the Act does 
 not affect her right to dower or freebench, or under the 
 Statutes of Distributions, in respect to her husband’s 
 property. 
 
 Estate by 
 curtesy. 
 
 The wife’s term 
 and chattels, 
 
 Wife’s joint 
 tenancy in 
 chattels. 
 
 Coverture now 
 no disability. 
 
 Issue of wife 
 her heirs and 
 next of kin. 
 
 Wife divorced 
 for purposes 
 of her own 
 property. 
 
Disability of 
 women mar- 
 ried before 
 1883. 
 
 20 & 21 Vict. 
 c. 57, not 
 applicable to 
 choses in action. 
 
 10 MARRIED WOMEN’S PROPERTY ACT, 1882. 
 
 The Act affords no assistance in the disposition by a 
 woman married before 1883 of property acquired by her 
 before that year. She can still only dispose by acknow- 
 ledged deed (under the Fines and Recoveries Act, 3 & 4 
 Will. 4, c. 74, as amended by C. A. 1882, s. 7) of land or 
 an interest in land or money liable to be laid out in land. 
 She can also under 20 & 21 Vict. c. 57 dispose of a 
 reversionary interest in personal estate acquired under 
 an instrument dated after 1857, and not derived under 
 her marriage settlement. ‘The latter Act only applies 
 to personal estate, so that neither she nor her husband 
 separately or together can assign her choses in action, 
 whether legal (as, for instance, a policy of assurance 
 effected in her name) or equitable (as for instance, a 
 
 legacy). 
 
THE VENDOR AND PURCHASER ACT. ll 
 
 CHAPTER It. 
 
 THE VENDOR AND PURCHASER ACT, 1874, 
 or & 38 VICT. o. 78. 
 
 An Act to amend the Law of Vendor and Purchaser, and 
 further to simplify Title to Land. [7th August, 1874. } 
 
 WHEREAS it is expedient to facilitate the transfer of 
 land by means of certain amendments in the law of 
 vendor and purchaser : 
 
 Be it enacted by the Queen’s most Excellent Majesty, 
 by and with the advice and consent of the Lords Spiritual 
 and Temporal, and Commons, in this present Parliament 
 assembled, and by the authority of the same, as follows: 
 
 1. In the completion of any contract of sale of land 
 made after the thirty-first day of December one thousand 
 eight hundred and seventy-four, and subject to any 
 stipulation to the contrary in the contract, forty years 
 shall be substituted as the period of commencement of 
 title which a purchaser may require in place of sixty 
 years, the present period of such commencement; never- 
 theless earlier title than forty years may be required in 
 cases similar to those in which earlier title than sixty 
 years may now be required. 
 
 The word “land” in Acts of Parliament includes messuages, tene- 
 ments and hereditaments, houses and buildings of any tenure, unless 
 where there are words to exclude houses and buildings, or to restrict 
 
 the meaning to tenements of some particular tenure: 13 & 14 Vict. 
 c. 21, 8. 4. 
 
 2. In the completion of any such contract as aforesaid, 
 and subject to any stipulation to the contrary in the 
 contract, the obligations and rights of vendor and pur- 
 chaser shall be regulated by the following rules; that is 
 to say, 
 
 Sos dy, ae 
 
 Forty years 
 substituted for 
 sixty years as 
 the root of 
 title. 
 
 Definition of 
 “land ” in 
 Acts of 
 
 Parliament. 
 
 Rules for 
 regulating ob- 
 ligations and 
 rights of vendor 
 and purchaser. 
 
Rule that 
 lessee has 
 notice of 
 lessor’s title 
 not altered. 
 
 Contract for 
 lease under 
 power no part 
 of title. 
 
 Effect of recital 
 twenty years 
 old. 
 
 Purchaser’s 
 
 12 THE VENDOR AND PURCHASER ACT. 
 
 First. Under a contract to grant or assign a term of 
 years, whether derived or to be derived out of a 
 freehold or leasehold estate, the intended lessee or 
 assign shall not be entitled to call for the title to 
 the freehold. 
 
 The rule that a lessee has constructive notice of his lessor’s title has 
 not been altered by this section. He is now in the same position with 
 regard to notice as if he had before this Act stipulated not to inquire 
 into his lessor’s title (Patman v. Harland, 17 Ch. D. 353, 358). 8S. 3 
 of C, A. 1882, as to notice makes no alteration in this respect. It 
 does not operate in favour of a person who enters into a contract 
 whereby he precludes himself from ‘‘ making such inquiries and 
 inspections as ought reasonably to have been made:” see subs. (1) (i). 
 
 By s. 4 of C. A., 1882, the contract for a lease made under a power 
 does not form part of the title to the lease. 
 
 Second. Recitals, statements, and descriptions of facts, 
 matters, and parties contained in deeds, instruments, 
 Acts of Parliament, or statutory declarations, twenty 
 years old at the date of the contract, shall, unless 
 and except so far as they shall be proved to be 
 inaccurate, be taken to be sufficient evidence of the 
 truth of such facts, matters, and descriptions. 
 
 In Bolton v. London S. Board, 7 Ch. D. 766, a recital in a deed 
 more than twenty years old that a vendor was seised in fee simple was 
 held sufticient evidence of that fact, precluding the purchaser from 
 demanding a prior abstract, except so far as the recital was proved to 
 be inaccurate. The decision seems open to question, as it in effect 
 negatives the recognised right of a purchaser to a proper abstract of 
 title extending over forty years, which might shew the recital to be 
 inaccurate. 
 
 Third. The inability of the vendor to furnish the 
 purchaser with a legal covenant to produce and 
 furnish copies of documents of title shall not be an 
 objection to title in case the purchaser will, on the 
 completion of the contract, have an equitable right 
 to the production of such documents. 
 
 As to the purchaser’s equitable right to production of documents, see 
 
 equitable right Que, V. & P.c. 11, s. 5, 14th ed.; Dart, 143, 5th ed. 
 
 to production 
 of documents. 
 
 Fourth. Such covenants for production as the pur- 
 chaser can and shall require shall be furnished at 
 his expense, and the vendor shall bear the expense 
 
THE VENDOR AND PURCHASER ACT. ake 
 
 of perusal and execution on behalf of and by himself, 
 and on behalf of and by necessary parties other than 
 the purchaser. 
 
 Fifth. Where the vendor retains any part of an estate 
 to which any documents of title relate he shall be 
 entitled to retain such documents. 
 
 Contracts for sale, where the vendor retains any documents, should 
 now provide for giving an acknowledgment in writing of the right of 
 the purchaser to the production, and delivery of copies under C. A. s. 9, 
 and, where he is beneficial owner, also an undertaking for safe custody 
 (see Special Conditions of Sale, post). The liability to give the 
 covenant under s. 2, r. 4 of this Act is satisfied by an acknowledg- 
 ment (C. A. s. 9 (8)). 
 
 As to the costs of attested and other copies of documents retained 
 by the vendor, see C. A. s. 3 (6), post. 
 
 3. Trustees who are either vendors or purchasers may 
 sell or buy without excluding the application of the 
 second section of this Act. 
 
 4. The legal personal representative of a mortgagee of a 
 Freehold estate, or of a copyhold estate to which the mort- 
 gagee shall have been admitted, may, on payment of all 
 sums secured by the mortgage, convey or surrender the 
 mortgaged estate, whether the mortgage be in form an 
 assurance subject to redemption, or an assurance wpon trust. 
 
 Repealed and superseded by s. 30 of the C. A.as to deaths happening 
 
 after 1881. This section did not apply to a transfer of mortgage (Re 
 Spradbery’s Mortgage, 14 Ch. D. 514). 
 
 9. Upon the death of a bare trustee of any corporeal or 
 encorporeal hereditament of which such trustee was setsed in 
 fee simple, such hereditament shall vest like a chattel real in 
 the legal personal representative from time to time of such 
 trustee. 
 
 Repealed as to England on ana after the lst January 1876, by the 
 Land Transfer Act 1875, s. 48, except as to anything duly done there- 
 under before that date, and re-enacted by the same section with an 
 amendment confining its operation: “ to a bare trustee dying intestate,” 
 which section has in turn been repealed by the C. A., s. 80, in case of 
 deaths. occurring after 1881. It would seem therefore that where 
 nothing had been done under this section before the 1st January 
 1876, the hereditament of a bare trustee dying testate, and vested in his 
 
 SS. 2, 3, 4, 5. 
 
 Trustees may 
 sell, &c., not- 
 withstanding 
 rules. 
 
 Legal personal 
 representative 
 may convey 
 legal estate of 
 mortgaged 
 property. 
 
 Bare legal 
 estate in fee 
 simple to vest 
 in executor or 
 administrator. 
 
SS. 5, 6, 7, 8. 
 
 —e 
 
 Meaning of 
 “bare trustee.” 
 
 Married 
 woman who is 
 a bare trustee 
 may convey, 
 &e. 
 
 Protection and 
 priority by 
 legal estates 
 and tacking 
 not to be 
 allowed 
 
 Non-registra- 
 tion of will in 
 Middlesex, &c., 
 
 14 THE VENDOR AND PURCHASER ACT. 
 
 personal representative solely by force of this section, became divested 
 and devolved as if the V. & P. A. had not been passed. ‘Thus, up to 
 the 1st of January 1882, where nothing had been done under this 
 repealed section before the Ist of January 1876, the devise by a bare 
 trustee of his trust estate is operative. 
 
 Repealed as to Ireland by the C. A., s, 73, in case of deaths happening 
 after 1881. 
 
 As to the meaning of “bare trustee,” see Christie v. Ovington, 
 1 Ch, D. 279; Morgan v. Swansea U.S. Authority, 9 Ch. D. 582; and 
 p. 193 (a), post. There is no distinction between the cases of a bare 
 trustee and any other trustee dying after 1881. 
 
 6. When any freehold or copyhold hereditament shall 
 be vested in a married woman as a bare trustee, she may 
 convey or surrender the same as if she were a feme sole. 
 
 The aid of this section is now only required in case of trust estates 
 devolving on a married woman before 1888. As to all trust estates, 
 whether freehold, copyhold or leasehold, devolving on her after 1882, 
 she is in every respect in the same position as a feme sole, M. W. P. A. 
 Sate Ra 
 
 7. After the commencement of this Act, no priority or 
 protection shall be given or allowed to any estate, right, or 
 interest in land by reason of such estate, right, or wnterest 
 being protected by or tacked to any legal or other estate or 
 interest in such land; and full effect shall be given in 
 every court to this provision, although the person claiming 
 such priority or protection as aforesaid shall claim as a 
 purchaser for valuable consideration and without notice: 
 Provided always, that this section shall not take away from 
 any estate, right, title, or interest any priority or protection 
 which but for this section would have been given or allowed 
 thereto as against any estate or interest existing before the 
 commencement of this Act. 
 
 Repealed as to England by The Land Transfer Act, 1875, s. 129, 
 and as to Ireland by the C. A., s. 73. The effect of this section was 
 to prevent a first mortgagee from being safe in making a further 
 advance, his security for which became under this section postponed 
 
 to all intermediate mortgages; as to which, consider Pease v. Jackson, 
 3 Ch. App. 576. 
 
 8. Where the will of a testator devising land in 
 Middlesex or Yorkshire has not been registered within 
 
THE VENDOR AND PURCHASER ACT. 15 
 
 the period allowed by law in that behalf, an assurance of 
 such land to a purchaser or mortgagee by the devisee or 
 by some one deriving title under him shall, if registered 
 before, take precedence of and prevail over any assurance 
 from the testator’s heir-at-law. 
 
 As to the time allowed for the registration of wills in Middlesex, see 
 7 Anne, c. 20, ss. 8-10; in the W. Riding of Yorkshire, 2 & 3 Anne, 
 
 c. 4, ss. 20, 21; and 6 Anne, c. 35, s. 34; in the E. Riding, 6 Anne, 
 c. 35, ss. 14, 15; and in the N. Riding, 8 Geo. 2, c. 6, ss. 15-17. 
 
 9, A vendor or purchaser of real or leasehold estate in 
 England, or their representatives respectively, may at 
 any time or times and from time to time apply in a 
 summary way to a judge of the Court of Chancery in 
 England in chambers, in respect of any requisitions or 
 objections, or any claim for compensation, or any other 
 question arising out of or connected with the contract 
 _ (not being a question affecting the existence or validity 
 of the contract), and the judge shall make such order 
 upon the application as to him shall appear just, and 
 shall order how and by whom all or any of the costs of 
 and incident to the application shall be borne and paid. 
 
 A vendor or purchaser of real or leasehold estate in 
 Ireland, or their representatives respectively, may in like 
 manner and for the same purpose apply to a judge of the 
 Court of Chancery in Ireland, and the judge shall make 
 such order upon the application as to him shall appear 
 just, and shall order how and by whom all or any of the 
 costs of and incident to the application shall be borne 
 and paid. 
 
 In proceedings under this section the parties are in the same position 
 as under a reference as to title in an action for specific performance, and 
 
 accordingly evidence by affidavit is admissible (fe Burroughs, éc., 
 5 Ch. D. 601). 
 
 For further instances of applications under this section, see Re 
 Coward & Adams’ Purchase, L. R. 20 Eq. 179; Christie v. Ovington, 
 1 Ch. D. 279; Re Brown & Sibly’s Contract, 8 7b. 156; and cases cited 
 Clerke & Brett, Cony. A. 188, and Harris & Clarkson, Conv. A. 185— 
 188. 
 
 10. This Act shall not apply to Scotland, and may be 
 eited as the Vendor‘and Purchaser Act, 1874. 
 
 SS. 8, 9, 10. 
 
 cured in cer- 
 tain cases. « 
 
 Time for regis- 
 tration of wills 
 in Middlesex 
 
 and Yorkshire. 
 
 Vendor or pur- 
 chaser may 
 obtain decision 
 of judge in 
 chambers as to 
 requisitions or 
 objections, or 
 compensation, 
 
 &e. 
 
 Position of 
 parties under 
 this s. 
 
 Instances of 
 application 
 under this s. 
 
 Extent of Act. 
 
SS. 1, 2. 
 
 PRELIMINARY. 
 
 Short title ; 
 commence- 
 ment; extent. 
 
 Interpretation 
 of property, 
 land, &e. 
 
 16 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 CHAPTER IIL 
 
 CONVEYANCING AND LAW OF PROPERTY ACT, 1881. 
 44 & 45 VICT. c. 41. 
 
 An Act for simplifying and improving the practice of Con- 
 veyancing ; and for vesting in Trustees, Morigagees, and 
 others various powers commonly conferred by provisions 
 inserted in Settlements, Mortgages, Wills, and other 
 
 _ Instruments ; and for amending in various particulars 
 the Law of Property ; and for other purposes. 
 
 [22nd August, 1881. | 
 
 BE it enacted by the Queen’s most Excellent Majesty, 
 by and with the advice and consent of the Lords Spiritual 
 and ‘Temporal, and Commons, in this present Parliament 
 assembled, and by the authority of the same, as follows: 
 
 J.— PRELIMINARY. 
 
 1,—(1.) This Act may be cited as the Conveyancing 
 and Law of Property Act, 1881. 
 
 (2.) This Act shall commence and take effect from 
 and immediately after the thirty-first day of December 
 one thousand eight hundred and eighty-one. 
 
 (3.) This Act does not extend to Scotland. 
 
 2. In this Act— 
 
 (i.) Property, unless a contrary intention appears, 
 includes real and personal property, and any estate 
 or interest in any property, real or personal, and any 
 debt, and anything in action, and any other right or 
 interest : 
 
 (ii.) Land, unless a contrary intention appears, includes 
 land of any tenure, and tenements -and hereditaments, 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 17 
 
 corporeal or incorporeal, and houses and other buildings, 
 also an undivided share in land : 
 
 For the meaning of “land” in Acts of Parliament see 13 & 14 Vict. 
 c. 21, 8. 4, ante, p. 11. 
 
 (i11.) In relation to land, income ineludes rents and 
 profits, and possession includes receipt of income: 
 
 (iv.) Manor includes lordship, and reputed manor or 
 lordship : 
 
 Where all the freehold estates held of a lord are purchased by him 
 or devolve on him by escheat, whereby the services become extinct, the 
 manor ceases to exist; also, there cannot be a manor without a court 
 baron; and no court baron can be without two freeholders as suitors 
 at least. In case there be not two suitors the manor becomes a reputed 
 manor, or manor in reputation; and continues to have certain rights and 
 franchises which were appendant to the manor (1 Cruise, Dig. p. 34), 
 as the right to wrecks, estrays, &c.,1 Watk. Cop. 27; and the right 
 to appoint a sexton of a parish, Soane v. Ireland, 10 East, 259; and 
 if there be but one free tenant the seigniory as to him remains with 
 respect to his services, though there can be no court held: 1 Watk. 
 Cop. 27. 
 
 (v.) Conveyance, unless a contrary intention appears, 
 includes assignment, appointment, lease, settlement, and 
 other assurance, and covenant to surrender, made by 
 deed, on a sale, mortgage, demise, or settlement of any 
 property, or on any other dealing with or for any property ; 
 and convey, unless a contrary intention appears, has a 
 meaning corresponding with that of conveyance : 
 
 (vi.) Mortgage includes any charge on any property 
 for securing money or money’s worth; and mortgage 
 money means money, or money’s worth, secured by a 
 mortgage ; and mortgagor includes any person from time 
 to time deriving title under the original mortgagor, or 
 entitled to redeem a mortgage, according to his estate, 
 interest, or right, in the mortgaged property ; and mort- 
 gagee includes any person from time to time deriving 
 title under the original mortgagee; and mortgagee in 
 possession is, for the purposes of this Act, a mortgagee 
 who, in right of the mortgage, has entered into and is in 
 possession of the mortgaged property : 
 
 C 
 
 5. 2 
 
 ——— 
 
 PRELIMINARY. 
 
 and. | 
 
 Reputed 
 manor, 
 
S. 2. 
 
 — 
 
 PRELIMINARY. 
 
 18 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 (vii.) Incumbrance includes a mortgage in fee, or for 
 a less estate, and a trust for securing money, and a lien, 
 and a charge of a portion, annuity, or other capital or 
 annual sum; and incumbrancer has a meaning corre- 
 sponding with that of incumbrance, and includes eyery 
 person entitled to the benefit of an incumbrance, or to 
 require payment or discharge thereof : 
 
 (viil.) Purchaser, unless a contrary intention appears, 
 includes a lessee or mortgagee, and an intending pur- 
 chaser, lessee, or mortgagee, or other person, who, for 
 valuable consideration, takes or deals for any property ; 
 and purchase, unless a contrary intention appears, has 
 a meaning corresponding with that of purchaser; but 
 sale means only a sale properly so called: 
 
 (ix.) Rent includes yearly or other rent, toll, duty, 
 royalty, or other reservation, by the acre, the ton, or 
 otherwise ; and fine includes premium or fore-gift, and 
 any payment, consideration, or benefit in the nature of a 
 fine, premium, or fore-gift : 
 
 (x.) Building purposes include the erecting and the 
 improving of, and the adding to, and the repairing of 
 buildings; and a building lease is a lease for building 
 purposes or purposes connected therewith : 
 
 (xi.) A mining lease is a lease for mining purposes, 
 that is, the searching for, winning, working, getting, 
 making merchantable, carrying away, or disposing of 
 mines and minerals, or purposes connected therewith, 
 and includes a grant or licence for mining purposes : 
 
 (xil.) Will includes codicil : 
 
 (xiil.) Instrument includes deed, will, inclosure award, 
 and Act of Parliament: 
 
 (xiv.) Securities include stocks, funds, and shares: 
 
 (xv.) Bankruptcy includes liquidation by arrangement, 
 and any other act or proceeding in law having, under 
 any Act for the time being in force, effects or results 
 similar to those of bankruptcy; and bankrupt has a 
 meaning corresponding with that of bankruptcy : 
 
 (xvi.) Writing includes print; and words referring to 
 any instrument, copy, extract, abstract, or other document 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 19 
 
 include any such instrument, copy, extract, abstract, or 
 other document being in writing or in print, or partly in 
 writing and partly in print: 
 
 (xvil.) Person includes a corporation : 
 
 (xviii.) Her Majesty’s High Court of Justice is referred 
 to as the Court. 
 
 IIL.—SALES AND OTHER TRANSACTIONS. 
 
 Contracts for Sale. 
 
 3.—(1.) Under a contract to sell and assign a term of 
 years derived out of a leasehold interest in land, the 
 intended assign shall not have the right to call for the 
 title to the leasehold reversion. 
 
 This is supplementary to s. 2, rule 1, of the Vendor and Purchaser 
 Act, 1874 (ante), and (following that Act) does not apply to a lease for 
 lives. It places the title to an underlease, in regard to shewing the 
 lessor’s title, on the same footing as the title to a lease from the 
 freeholder (see also s. 18 of this Act, post), and the underlessee has in 
 like manner constructive notice of his underlessor’s title (Patman v. 
 Harland, 17 Ch. D. 853). As to the effect of C. A., 1882, s. 3, see 
 note to V. & P. A. s, 2, ante, p. 12. 
 
 This and subs. 3 preclude the purchaser from calling for or making 
 any requisition, objection, or inquiry as to the underlessor’s title, as 
 between vendor and purchaser, but it does not alter the rule enabling 
 the purchaser to prove the title to be defective aliwnde (see note (a) 
 to subs. 3). 
 
 By s. 4 of C. A., 1882, a contract for a lease made under a power is 
 excluded from the title to the lease. 
 
 (2.) Where land of copyhold or customary tenure has 
 been converted into freehold by enfranchisement, then, 
 under a contract to sell and convey the freehold, the 
 purchaser shall not have the right to call for the title to 
 make the enfranchisement. 
 
 Under this subs. the title to the freehold of enfranchised copyholds is 
 placed on the same footing as the title to a lease, and commences with 
 the deed of enfranchisement. This subs. should be read in connec- 
 tion with subs. 3, under which a purchaser is precluded from requiring 
 production of documents recited in the enfranchisement deed, and is 
 bound to assume the correctness of the recitals. 
 
 c 2 
 
 SS. 2, 3. 
 
 PRELIMINARY. 
 
 SALES AND 
 OTHER TRANS= 
 ACTIONS. 
 
 Contracts for 
 Sale. 
 
 Application of 
 stated condi- 
 tions of sale to 
 all purchases. 
 
 Title to under- 
 lease. 
 
 How far objec- 
 tions, &c., are 
 precluded. 
 
 Contract for 
 lease under 
 power not 
 part of title. 
 Title to enfran- 
 chised copy- 
 holds. 
 
Do. 
 
 SALES AND 
 OTHER TRANS- 
 ACTIONS. 
 
 Contracts for 
 Sale. 
 
 Meaning of 
 purchaser in 
 this s. 
 
 Production of 
 documents 
 recited or 
 noticed prior 
 to commence- 
 ment of title. 
 
 20 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 The word “ purchaser” in this and the subsequent subss. of this 
 section means (notwithstanding the definition clause) a purchaser on a 
 sale only (see subs. 8). . 
 
 The following subss. 3, 6, 7, are not confined to land. 
 
 (3.) A purchaser of any property shall not require the 
 production (a), or any abstract or copy, of any deed, will, 
 or other document, dated or made before the time pre- 
 scribed by law (6), or stipulated, for commencement of 
 the title, even though the same creates a power subse- 
 quently exercised by an instrument abstracted in the 
 abstract furnished to the purchaser; nor shall he require 
 any information, or make any requisition, objection, or 
 inquiry, with respect to any such deed, will, or document, 
 or the title prior to that time, notwithstanding that any 
 such deed, will, or other document, or that prior title, is 
 recited, covenanted to be produced, or noticed; and he 
 shall assume, unless the contrary appears, that the re- 
 citals, contained in the abstracted instruments, of any 
 deed, will, or other document, forming part of that prior 
 title, are correct, and give all the material contents of 
 the deed, will, or other document go recited, and that 
 every document so recited was duly executed by all 
 necessary parties, and perfected, if and as required, by 
 fine, recovery, acknowledgment, inrolment, or otherwise. 
 
 (a) Notice of a document being notice of all its contents (Sug. V. & P. 
 775, 14th ed.), a purchaser would, but for this sub-section, be entitled 
 on an open contract to require the production of all documents recited 
 or noticed. But this clause will not protect the vendor where a defect 
 in the prior title appears on the face of the abstract (Sellick v. Trevor, 
 11M. & W. 722; Dart, 152, 5th ed.), nor affect the purchaser’s right 
 to object to the earlier title if he can shew it to be defective aliunde 
 (Darlington v. Hamilton, Kay, 550, and cases cited at p. 558 ; Waddell 
 v. Wolfe, L. R. 9 Q. B. 515; Harnett v. Baker, L. R. 20 Eq. 50; 
 Jones v. Clifford, 8 Ch. D. 779; Broad v. Munton, 12 Ch. D, 131); or 
 where the defect is accidentally disclosed by the vendor; Smith v. 
 Robinson, 18 Ch. D. 148. This right he retains under subs. 11, . 
 and if intended to be precluded it must be expressly provided for (Hume 
 v. Bentley, 5 De G. & 8. 520). 
 
 (b.) That is for lands or hereditaments, forty years, except where an 
 earlier title than sixty years would have been required before the 
 V.&P. A. Sees. 1 of that Act, 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 21 
 
 8 | 
 
 It is still advisable to provide expressly in all contracts as to the 
 date at which the title is to commence. The V. & P. Act leaves it 
 open to require an earlier title than forty years in cases similar to those 
 in which an earlier title than sixty years could previously have been 
 required. Thus where the first abstracted deed is a conveyance under 
 a trust for sale, or under a power, or the bar of an entail, the vendor is 
 entitled to production, if not to an abstract, of the deed creating the 
 trust or power or estate tail, and it may be said that the date of this 
 deed is the time prescribed by law for commencement of the title (see 
 Parr v. Lovegrove, 4 Drew. 170). A voluntary deed dated less than 
 forty years back is not a proper commencement of the title, where no 
 indication of the nature of the instrument is given by the contract: 
 Marsh v. EH. Granville, W. N. 1882, p. 157. 
 
 (4.) Where land sold is held by lease (not including 
 under-lease), the purchaser shall assume, unless the con- 
 trary appears, that the lease was duly granted; and, on 
 production of the receipt for the last payment due for 
 rent under the lease before the date of actual completion 
 of the purchase, he shall assume, unless the contrary 
 appears, that all the covenants and provisions of the lease 
 have been duly performed and observed up to the date 
 of actual completion of the purchase. 
 
 (5.) Where land sold is held by under-lease the pur- 
 chaser shall assume, unless the contrary appears, that the 
 under-lease and every superior lease were duly granted ; 
 and on production of the receipt for the last payment due 
 for rent under the under-lease before the date of actual 
 completion of the purchase, he shall assume, unless the 
 contrary appears, that all the covenants and provisions of 
 the under-lease have been duly performed and observed 
 up to the date of actual completion of the purchase, and 
 further that all rent due under every superior lease, and 
 all the covenants and provisions of every superior lease, 
 have been paid and duly performed and observed up to 
 that date. 
 
 These two subss. cover breaches after the contract and up to 
 completion in all cases where a rent is reserved, see Lawrie v. Lees, 
 14 Ch. D. 249, 7 App. Cas. 19. But they do not provide for the 
 exceptional case of a lease at a nominal rent containing covenants. 
 In such a case it should be expressly provided that the mere fact of 
 possession at the time of completion of the purchase is to be suflicient 
 evidence of performance. 
 
 Sau: 
 SALES AND 
 OTHER TRANS- 
 ACTIONS, 
 
 Contracts for 
 Sale. 
 
 Contract 
 should still 
 fix date for 
 commence- 
 ment of title. 
 
 Lease at a 
 nominal rent. 
 
S. 3. 
 
 SALES AND 
 OTHER TRANS- 
 ACTIONS. 
 
 Contracts for 
 Sale, 
 
 Expenses of 
 producing 
 documents. 
 
 Where docu- 
 ments cannot 
 be produced. 
 
 22 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 (6.) On a sale of any property, the expenses of the 
 production and inspection of all Acts of Parliament, 
 inclosure awards, records, proceedings of courts, court 
 rolls, deeds, wills, probates, letters of administration, and 
 other documents, not in the vendor’s possession, and the 
 expenses of all journeys incidental to such production or 
 inspection, and the expenses of searching for, procuring, 
 making, verifying, and producing all certificates, declara- 
 tions, evidences, and information not in the vendor’s 
 possession, and all attested, stamped, office, or other 
 copies or abstracts of, or extracts from, any Acts of 
 Parliament or other documents aforesaid, not in the 
 vendor’s possession, if any such production, inspection, 
 journey, search, procuring, making, or verifying is re- 
 quired by a purchaser, either for verification of the 
 abstract, or for any other purpose, shall be borne by the 
 purchaser who requires the same; and’ where the vendor 
 retains possession of any document, the expenses of 
 making any copy thereof, attested or unattested, which 
 a purchaser requires to be delivered to him, shall be 
 borne by that purchaser. 
 
 As to the expense of producing documents and of attested copies 
 which, but for this clause, would be borne by the vendor, see Dart, 
 143, 407, 5th ed. This subs. alters the rule as to the expense of 
 journeys established by Hughes v. Wynne, 8 Sim. 85. 
 
 Subs. 6 only relates to expenses in reference to documents which 
 the vendor has not in his possession, but of which he can procure the 
 production. If, however, there are any of which he cannot procure 
 the production he must protect himself against production by a special 
 condition. 
 
 (7.) On a sale of any property in lots, a purchaser of 
 two or more lots, held wholly or partly under the same 
 title, shall not have a right to more than one abstract of 
 the common title, except at his own expense. 
 
 (8.) This section applies only to titles and purchasers 
 on sales properly so called, notwithstanding any interpre- 
 tation in this Act. 
 
 (9.) This section applies only if and as far as a con- 
 trary intention is not expressed in the contraet of sale, 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 23 
 
 and shall have effect subject to the terms of the contract 
 and to the provisions therein contained. 
 
 (10.) This section applies only to sales made after 
 the commencement of this Act. 
 
 A sale is made when there is a complete contract for sale. The 
 purchase-money then becomes personal estate of the vendor, and the 
 land then becomes real estate of the purchaser, see Lysaght v. Edwards, 
 2 Ch. D. 507. 
 
 (11.) Nothing in this section shall be construed as 
 binding a purchaser to complete his purchase in any case 
 where, on a contract made independently of this section, 
 and containing stipulations similar to the provisions of 
 this section, or any of them, specific performance of the 
 contract would not be enforced against him by the 
 Court. 
 
 Under this section, taken in connection with the V. & P. A., and 
 in particular ss. 1 and 2 of that Act, ante, a vendor having a title such 
 as is usually accepted by a willing purchaser, may safely enter into an 
 open contract for sale, without fear of being put to undue expense in 
 answering requisitions or furnishing evidence. At the same time the 
 purchaser wili not incur more risk than in buying under suitable con- 
 ditions of sale, since subs. 11 reserves to him every defence in an 
 action for specific performance: see note (a) to subs. 3 of this s. 
 
 Trustees may buy or sell under contracts within this section, see 
 s. 66, post, and as to contracts under the V. & P. A., s. 2, see s. 3 of 
 that Act. 
 
 4,—(1.) Where at the death of any person there is 
 subsisting a contract enforceable against his heir or 
 devisee, for the sale of the fee simple or other freehold 
 interest, descendible to his heirs general, in any land, his 
 personal representatives shall, by virtue of this Act, have 
 power to convey the land for all the estate and interest 
 vested in him at his death, in any manner proper for 
 giving effect to the contract. 
 
 (2.) A conveyance made under this section shall not 
 affect the beneficial rights of any person claiming under 
 any testamentary disposition or as heir or next of kin of 
 a testator or intestate. 
 
 SS. 3, 4. 
 SALES AND 
 OTHER TRANS- 
 ACTIONS. 
 
 Contracts for 
 Sale. 
 
 Meaning of 
 “ sale made.” 
 
 Effect of an 
 open contract 
 since the Act. 
 
 Trustees pro- 
 tected. 
 
 Completion of 
 contract after 
 death. 
 
S. 4. 
 
 SALES AND 
 OTHER TRANS- 
 ACTIONS, 
 
 Contructs for 
 Sale. 
 
 When vendor 
 not trustee. 
 
 Case where 
 action may 
 still be neces- 
 sary. 
 
 This s. not 
 required where 
 legal estate is 
 outstanding. 
 
 Does not apply 
 to tenant in 
 tail or copy- 
 holds. 
 
 Estates pur 
 autre vie. 
 
 24 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 (3.) This section applies only in cases of death after 
 the commencement of this Act. 
 
 This section should be read in connection with s. 30, and is not 
 rendered unnecessary by that section, as a vendor who has contracted 
 to sell is not a trustee unless the contract is valid and binding on 
 both parties at his death (Lysaght v. Edwards, 2 Ch. D. 506). If 
 the title be not accepted in the vendor’s lifetime, or be not such as he 
 could have enforced, he is not a trustee, though after his death the 
 purchaser should accept the title, nor would the vendor be a trustee 
 where the contract is not signed by, and so is not enforceable against, 
 the purchaser: 7b. 507. But im either case it might be enforceable 
 by the purchaser. 
 
 The section applies to all cases where there is a contract ‘‘ enforce- 
 able against the heir or devisee,” that is at least to all cases where 
 there is a clear written contract signed by the deceased vendor. The 
 purchaser may then waive all objections and insist on performance, and 
 an action will not now be required merely to obtain the legal estate 
 where the vendor has died, having devised the land in settlement or 
 otherwise in such manner that no conveyance can be obtained. But if 
 there is any doubt whether a contract binding on the vendor subsisted 
 at his death, an action will still be necessary. This might happen in 
 case of a parol contract and alleged part performance. Matters are 
 in fact placed in the same position as if there was a devise of the fee to 
 trustees. 
 
 Where the legal estate is outstanding at the time of the vendor’s 
 death, the aid of this section is not required. The person in whom 
 it is outstanding can convey, and the personal representative can give 
 a discharge for the purchase-money. ‘This makes a complete title. 
 
 The section does not apply to a contract by a tenant in tail which 
 by his death becomes incapable of being enforced. Nor does it apply 
 to copyholds. 
 
 It applies, however, to an estate pur autre vie where it would devolve 
 on the heirs general as special occupants, which is a quas¢ descent: 
 Burton, p. 295, D. d. Hunter v. Robinson, 8 Barn. & Cr. 296. But if 
 the executors or administrators take as special occupants the aid of 
 this section is not required. lLeaseholds for lives devised in settlement 
 are usually vested in trustees, in which case also a conveyance can be 
 made independently of this section. 
 
 The section does not apply to the peculiar case of the vendor having 
 a power of appointment which he does not exercise, the property 
 being settled in default of appointment, a case rather difficult to provide 
 for generally: see Morgan v. Milman, 3 D. M. & G. 24; Fry on 
 Specific Perf., 2nd ed. p. 68. 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 25 
 
 Discharge of Incumbranees on Sale. 
 
 5.—(1.) Where land subject to any incumbrance (b), 
 whether immediately payable or not, is sold by the Court. 
 or out of Court, the Court may, if it thinks fit, on the 
 application of any party to the sale, direct or allow pay- 
 ment into Court, in case of an annual sum charged on 
 the land, or of a capital sum charged on a determinable 
 interest in the land, of such amount as, when invested 
 in Government securities, the Court considers will be 
 sufficient, by means of the dividends thereof, to keep 
 down or otherwise provide for that charge, and in any 
 other case of capital money charged on the land, of the 
 amount sufficient to meet the incumbrance and any 
 interest due thereon; but in either case there shall also 
 be paid into Court such additional amount as the Court 
 considers will be sufficient to meet the contingency of 
 further costs, expenses, and interest, and any other con- 
 tingency, except depreciation of investments, not exceed- 
 ing one-tenth part of the original amount to be paid in, 
 unless the Court for special reason think fit to require a 
 larger additional amount. 
 
 This section is confined to cases of sales only. 
 
 (2.) Thereupon, the Court may, if it thinks fit, and 
 either after or without any notice to the incumbrancer, 
 as the Court thinks fit, declare the land to be freed from 
 the incumbrance, and make any order for conveyance, or 
 vesting order, proper for giving effect to the sale, and 
 give directions for the retention and investment of the 
 money in Court. 
 
 See Dickin v. Dickin, W. N. 1882, p. 118. 
 
 (3.) After notice served on the persons interested in or 
 entitled to the money or fund in Court, the Court may 
 direct payment or transfer thereof to the persons entitled 
 to receive or give a discharge for the same, and generally 
 may give directions respecting the application or distri- 
 bution of the capital or income thereof. 
 
 S. 5. 
 SALES AND 
 OTHER TRANS- 
 ACTIONS. 
 
 Discharge of 
 Incumbrances 
 on Sale. 
 
 Provision by 
 Court for in- 
 cumbrances, 
 and sale freed 
 
 therefrom. 
 
S. 5. 
 
 SALES AND 
 OTHER TRANS- 
 ACTIONS, 
 
 Discharge of 
 Incumbrances 
 on Sale. 
 
 How applica- 
 tion to Court 
 made, 
 Facilities given 
 for sale of 
 encumbered 
 estates. 
 
 Mode of pro- 
 ceeding to 
 obtain sale. 
 
 26 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 (4.) This section applies to sales not completed at the 
 commencement of this Act, and to sales thereafter made. 
 
 (6) See definition of incumbrance, s. 2 (vii). Under s. 69, subs. (8) 
 the application to the Court will be by summons; subss. (4), (5), 
 and (6) provide for the notices to be given; subs. (7) provides for 
 costs. This section greatly facilitates sales of encumbered estates, 
 especially when taken in connection with ss.15,16,and 25. It applies 
 to ordinary sales, as well as sales by the Court. Suppose the estate 
 for sale to be certain to produce, say, £100,000, but to be subject to 
 (1) a jointure of £300 per annum, (2) £20,000 for portions for younger 
 children under age, and therefore not yet raisable, (3) a first mortgage 
 for £50,000 (all of which will certainly be paid out of the proceeds of 
 sale), and (4) a second mortgage for £20,000, which may or may not be 
 paid according to the price obtained. Before this Act the owner could 
 not himself safely institute any proceeding fora sale; he might bring an 
 action for redemption against the last mortgagee, but was liable to be 
 absolutely foreclosed if: the money was not paid at the day fixed, there 
 being usually no enlargement of time in a redemption action (Dan. 
 Ch. Pr. 861, 5th ed.). Even were a person found willing to make the re- 
 quired advance the owner could not be certain that the first mortgagee 
 would consent to produce the deeds or to transfer, he might insist on 
 reconveying. Again in an action of foreclosure a mortgagee could only 
 obtain a sale free from the jointure if the jointress consented.to release, 
 and must necessarily sell without any release of the portions and subject 
 to depreciatory conditions as to indemnity, or as to leaving them a charge. 
 
 Under this section and ss. 15, 16, and 25, the course will be simple. 
 If an advance can be obtained to pay off the mortgages the mortgagee, 
 assuming his mortgage to be subsequent to the Act, can be required to 
 produce the deeds (s. 16). Whether his mortgage is subsequent 
 to the Act or not, he can be required to transfer (s. 15). If a 
 sale is desired, the owner can bring an action for sale (s. 25), in 
 which the only necessary defendant would be the last mortgagee, 
 he being the only one not certain to be paid in full, and whom 
 it is therefore necessary to bind by the judgment for sale. The sale 
 being made, there will be set apart (1) £10,000 and an additional 10 per 
 cent., making £11,000 in consols to answer the jointure; (2) £22,000, 
 including the additional 10 per cent., to answer the portions; and 
 (3) £55,000, also including the 10 per cent., to answer the first mort- 
 gage, making a total of £88,000. ‘The estate will thereby be cleared 
 from all charges except the money due to the second mortgagee, and 
 he, if not paid in full, will, as defendant, be bound by the sale. In 
 the case of a sale out of Court, the owner can, when the contracts are 
 signed, and on the faith of the incoming purchase-money, generally 
 procure a temporary advance of the amount required to be paid into 
 Court to answer the charges, and thus at once obtain a conveyance or 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 27 
 
 vesting order (s. 5, subs. 2). By s. 69, subs. 7, the Court can direct 
 by whom the costs of any application are to be paid. 
 
 By the operation of this section, the jointress and the children 
 entitled to portions suffer no substantial injury. They have the same 
 security which the Court considers proper in cases of annuities and 
 Jegacies payable out of personalty, with a further margin of 10 per cent. 
 The mortgagees suffer no injury. They are always bound to accept 
 payment on six months notice. The margin of 10 per cent. and the 
 dividends or interest on the sum paid into Court, are ample to provide 
 the amount due and costs. The deposit in Court and the security for 
 costs which may be required from the plaintiff under s. 25, subs. 3, 
 prevent the costs of a sale falling on the defendant mortgagee unless 
 he consents. If the deposit and security are not provided, the Court 
 can allow the action to proceed to foreclosure in the usual way. 
 
 The Court will take care that so far as possible a mortgagee whose 
 charge is to be provided for by payment into Court has due notice 
 (see s. 69 (6) ) before the land is declared under subs. 2 to be freed 
 from hisincumbrance. If he be absent there will generally be an agent 
 who receives his interest upon whom notice can be served. Upon 
 receipt of notice the mortgagee will have an opportunity of shewing the 
 amount due, and whether he has any right of consolidation in respect 
 of a mortgage on other property. If a mortgagee cannot be found he 
 has no valid reason to complain that some unknown equity or further 
 advance has been disregarded. The purpose of the section is to facilitate 
 the sale of incumbered estates, and a sale should not be prevented by 
 the mere fact that a mortgagee cannot be found ; hence the necessity for 
 giving the Court power to act without notice tothe incumbrancer. The 
 Court will, no doubt, in every case where a mortgagee does not appear, 
 require an affidavit as to the amount due to him, and negativing any 
 other claim than what appears on his security. Where that security 
 cannot be produced there may in some cases be difficulty, but the 
 receipt for interest will generally shew what is due. 
 
 Where the mortgage contains an agreement that the money shall 
 remain for a fixed period, the Court will probably think there is special 
 reason for requiring a larger amount beyond the margin of 10 per cent. 
 so as to secure the mortgagee his full interest during the fixed period, 
 or give him the proper amount of damages on payment off. 
 
 A capital sum or an annuity payable out of rents and profits or a 
 capital sum charged on a reversionary interest are within this section 
 (see s, 2 (vii.)). An annual sum charged on a determinable interest in 
 land is also within this section. Ifa tenant for life of land charge the 
 land with an annuity it is not the less, while subsisting, a charge on the 
 land, because the charge determines with his estate. If he charge the 
 land with a gross sum it is also a charge on the land, but not in the 
 ordinary sense in which a gross sum is said to be a charge. An annual 
 sum whether terminable or otherwise charged on land, and a capital sum 
 
 Seo. 
 
 SALES AND 
 OTHER TRANS- 
 ACTIONS. 
 
 Discharge of 
 Ineumbrances 
 on Sale, 
 
 Costs of appli- 
 cation. 
 
 Effect of s. 5 
 on rights of 
 incumbrancers. 
 
 As to notice to 
 incumbrancer. 
 
 As to mort- 
 gages for a 
 time certain. 
 
 What 
 incumbrances 
 included. 
 
SS. 5, 6. 
 
 SALES AND 
 OTHER TRANS- 
 ACTIONS. 
 
 Discharye of 
 Incumbrances 
 on Sale. 
 
 General Words. 
 
 General words 
 in conveyances 
 of land, build- 
 ings, or manor. 
 
 28 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 charged on a determinable interest in land, constitute the two cases 
 where a capital sum could not be or might not properly be applied out 
 of the proceeds of sale in discharge of the incumbrance. In the one 
 case the annuitant is entitled to have payment of the annual sum 
 continued to him, in the other case, capital money should not be applied 
 in payment of the charge to the prejudice of the remainderman. 'There- 
 fore this section provides for the application of dividends only in pay- 
 ment. An annual sum is a charge on land, though rents and profits 
 only, and not the corpus of the land, can be resorted to for payment. 
 A rent-charge recoverable only by distress is clearly a charge on land 
 within the ordinary meaning of that term. 
 
 General Words. 
 
 6.—(1.) A conveyance of land shall be deemed to 
 include and shall by virtue of this Act operate to convey, 
 with the land, all buildings, erections, fixtures, commons, 
 hedges, ditches, fences, ways, waters, watercourses, 
 liberties, privileges, easements, rights, and advantages 
 whatsoever, appertaining or reputed to appertain to the 
 land, or any part thereof, or at the time of convey- 
 ance demised, occupied, or enjoyed with, or reputed or 
 known as part or parcel of or appurtenant to the land or 
 any part thereof. 
 
 (2.) A conveyance of land, having houses or other 
 buildings thereon, shall be deemed to include and shall 
 by virtue of this Act operate to convey, with the land, 
 houses, or other buildings, all outhouses, erections, fixtures, 
 cellars, areas, courts, courtyards, cisterns, sewers, gutters, 
 drains, ways, passages, lights, watercourses, liberties, 
 privileges, easements, rights, and advantages whatsoever, 
 appertaining or reputed to appertain to the land, houses, 
 or other buildings conveyed, or any of them, or any part 
 thereof, or at the time of conveyance demised, occupied, 
 or enjoyed with, or reputed or known as part or parcel of 
 or appurtenant to, the land, houses, or other buildings 
 conveyed, or any of them, or any part thereof. 
 
 (3.) A conveyance of a manor shall be deemed to 
 include and shall by virtue of this Act operate to convey, 
 with the manor, all pastures, feedings, wastes, warrens, . 
 commons, mines, minerals, quarries, furzes, trees, woods, 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 29 
 
 underwoods, coppices, and the ground and soil thereof, S. 6. 
 fishings, fisheries, fowlings, courts leet, courts baron, and  g,,5. axp 
 other courts, view of frankpledge and all that to view of oTser Trans- 
 frankpledge doth belong, mills, mulctures, customs, tolls, pai 
 duties, reliefs, heriots, fines, sums of money, amercia- @2Ӣr! Words. 
 ments, waifs, estrays, chief-rents, quit-rents, rentscharge, 
 rents seck, rents of assize, fee-farm rents, services, 
 royalties, jurisdictions, franchises, liberties, privileges, 
 easements, profits, advantages, rights, emoluments, and 
 hereditaments whatsoever, to the manor appertaining or 
 reputed to appertain, or at the time of conveyance de- 
 mised, occupied, or enjoyed with the same, or reputed or 
 known as part, parcel, or member thereof. 
 (4.) This section applies only if and as far as a con- 
 trary intention is not expressed in the conveyance, and 
 shall have effect subject to the terms of the conveyance 
 and to the provisions therein contained. ) 
 (5.) This section shall not be construed as giving to 
 any person a better title to any property, right, or thing 
 in this section mentioned than the title which the con- 
 veyance gives to him to the land or manor expressed to 
 be conveyed, or as conveying to him any property, right, 
 or thing in this section mentioned, further or otherwise 
 than as the same could have been conveyed to him by 
 the conveying parties. 
 (6.) This section applies only to conveyances made 
 after the commencement of this Act. 
 
 The object of inserting general words in a conveyance was to prevent Use of general 
 any question as to whether a particular easement or right would, or ee ies Hes 
 would not pass without those words. In most cases the words might ~ Ais 
 be useless ; still in some case they might be required, as for instance, to 
 pass reputed rights and easements. As a general rule in case of land 
 and houses they merely express what is included in the description, or 
 forms part and parcel of the land or houses, and the rights and easements 
 appurtenant thereto, z.e. annexed by express or implied grant, and all 
 these pass with the land or houses (Gale, 47; 88, 5th ed.; Williams 
 on R. P. 328, 12th ed.) But where an easement has become extinct Easements used 
 by unity of possession of the dominant and servient tenements, a con- oT enjoyedwith 
 
 ' ‘ but not appur- 
 veyance of land or a house “ with all easements therewith used and tenant to land, 
 enjoyed,” will operate as a grant de novo of the easement which, though 
 at one time appurtenant, had been extinguished (Barlow v. Rhodes, 
 
SS. 6, 7. 
 
 SALES AND 
 OTHER TRANS- 
 ACTIONS. 
 
 General Words. 
 
 General words 
 as to manors. 
 
 Mines and 
 minerals. 
 
 Covenants for 
 Title. 
 Covenants for 
 title to be 
 
 implied, 
 
 Covenant need 
 not be ex- 
 pressed to be 
 for heirs, &c. 
 
 30 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 1 Cr. & M. 448; Gale, 48; 90, 5th ed.; Williams on R. P. 3829, 
 12th ed.) Even where no easement existed before the unity of posses- 
 sion, but a right of way was used with one tenement over the other, a 
 grant of the first-mentioned tenement, “ together with all ways now 
 used or enjoyed therewith,” would pass the right of way (Barkshire v. 
 Grubb, 18 Ch. D. 616; see also Watts v. Kelson, L. R. 6 Ch. Ap. 166 ; 
 Kay v. Oaley, L. R. 10 Q. B. 360). A conveyance after 1881 will operate 
 in like manner under this Act, without any express general words. 
 
 The general words used in a conveyance of a manor either (1) express 
 what is included in the description as parcel of the manor (see Shep. 
 Touch. 92), or (2) they are royal franchises, which if they are appur- 
 tenant to the manor pass without express words, but not otherwise (see 
 Morris v. Dimes, 1 Ad. & El. 654). 
 
 Mines and minerals pass under a conveyance of land without being 
 expressly mentioned, except in copyhold or customary assurances and 
 except in conveyances to railway companies, from which latter they are 
 excepted unless expressly mentioned (see 8 & 9 Vict. c. 20, s. 77), 
 They are therefore omitted from the general words which by this 
 section are made applicable to land and houses, but are included in the 
 general words applicable to manors, as they may in some cases have 
 become severed from the manor, and once severed could not be 
 reunited to it as they might be to the surface of land. It may be a 
 question whether an enfranchisement of copyholds by conveyance of 
 the fee simple reserving the minerals would not operate as a severance. 
 
 Covenants for Title. 
 
 7.—(1.) In a conveyance there shall, in the several 
 cases in this section mentioned, be deemed to be included, 
 and there shall in those several cases, by virtue of this 
 Act, be implied, a covenant to the effect in this section 
 stated, by the person or by each person who conveys, as 
 far as regards the subject-matter or share of subject- 
 matter expressed to be conveyed by him, with the person, 
 if one, to whom the conveyance is made, or with the 
 persons jointly, if more than one, to whom the convey- 
 ance is made as joint tenants, or with each of the persons, 
 if more than one, to whom the conveyance is made as 
 tenants in common, that is to say: 
 
 This clause should be read in connection with s. 64, making singular 
 include plural and plural singular. Sect. 59, subs, 2, and subs. 6 of 
 this section render it unnecessary to provide expressly that the cove- 
 nant shall be by the conveying party “for himself, his heirs, executors, 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 31 
 
 or administrators,” or that it shall be with the “heirs and assigns” 
 of the party to whom the conveyance is made, As regards acts to be 
 done under the covenant, when made with two or more, this section 
 should be read with s. 60, subs. 2. 
 
 Therefore when “ A. and B. as beneficial owners hereby convey,” 
 it is implied that “ A. and B.” (plural, s. 64) ‘‘ hereby for themselves, 
 their heirs, &c.” (s. 59 (1) (2),) “ covenant,” that is, they give a joint 
 covenant. When “each of them A. and B. as beneficial owner hereby 
 conveys,” it is implied that “each of them hereby for himself, his 
 heirs, &c.,” (s.59 (1) (2)) “covenants,” that is, each gives a several 
 covenant. Where they convey in both modes they give joint and 
 several covenants. Again in the covenant for further assurance the 
 words ‘at the request and cost of the person,” &c., where the convey- 
 ance is to several, include “‘ persons” (s. 64) and the survivors or 
 survivor of them, and the person on whom the right to sue on the 
 covenant devolves (s. 60 (1) (2)). 
 
 The covenant of a conveying party is implied ‘‘as regards the sub- 
 ject-matter or share of subject-matter expressed to be conveyed by him.” 
 It is not material that he actually has anything to convey, he may be 
 made in terms to convey simply for the purpose of giving an implied 
 covenant. ‘Therefore, in the case of a conveyance by tenant for life 
 and remainderman if they both convey as beneficial owners a covenant 
 will be implied by both as to the whole fee, joint or several or both, 
 according to the mode in which they convey. 
 
 So also in a conveyance by tenant for life, and remainderman for life, 
 or in tail or in fee, or by joint tenants, or tenants in common, there can 
 be implied covenants joint or several or both, as to the entirety or part, 
 as may be required. 
 
 The following examples may be useful by way of explanation :— 
 
 (1.) Where all jointly convey the whole as beneficial owners there 
 will be implied a joint covenant as to the whole; 
 
 (2.) Where each conveys as beneficial owner only in respect of a 
 share or an estate for his life or a remainder in fee there will be 
 implied a several covenant by each as to the share or estate 
 which he conveys; 
 
 (3.) Where all convey jointly and each conveys severally as bene- 
 ficial owners and owner in respect of the whole there will be 
 implied a joint and several covenant as to the whole; 
 
 (4.) Where each conveys severally as beneficial owner in respect of 
 the whole there will be implied a several covenant as to the 
 whole ; 
 
 (5.) Where trustees convey under a power, the covenant of the 
 tenant for life is obtained either by his conveying and con- 
 firming as beneficial owner, or under subs. (2) by his directing 
 as beneficial owner the trustees to convey ; 
 
 pe 
 
 SALES AND 
 OTHER TRANS- 
 ACTIONS. 
 
 Covenants for 
 Title. 
 Joint and 
 several cove- 
 nants, how 
 implied. 
 
 Covenant 
 applies to sub- 
 ject expressed 
 to be conveyed, 
 
 By tenant for 
 life and 
 remainderman. 
 By joint 
 tenants or 
 tenants in 
 common. 
 
 Where all 
 convey as bene- 
 ficial owners. 
 Each as bene- 
 ficial owner. 
 
 All jointly and 
 each sepa- 
 rately. 
 
 Each in respect 
 
 of whole. 
 
 Under appoint- 
 ment. 
 
Dinas 
 
 SALES AND 
 OTHER TRANS- 
 ACTIONS. 
 
 Covenants for 
 Title. 
 Conveyance 
 to uses. 
 
 Conveyance by 
 tenant in tail. 
 
 Conveyance 
 made by 
 several, 
 
 Covenants 
 applicable to 
 all property. 
 
 On conveyance 
 for value, by 
 beneficial 
 owner. 
 
 Right to con- 
 vey. 
 
 Quiet enjoy- 
 ment. 
 
 32 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 (6.) An appointment under a power by a person “as_ beneficial 
 owner,” “ trustee,” &c., implies a covenant, the appointment 
 being a conveyance: see s. 2 (Vv); 
 
 (7.) Under a conveyance to uses the implied covenant is with the 
 grantee to uses, being the person to whom the conveyance 
 is made. The covenant with him enures for the benefit of 
 the persons in whom the uses are executed as in the case 
 of an actual covenant. The implied covenant is in fact an 
 actual covenant of the ordinary kind incorporated in the con- 
 veyance ; 
 
 (8.) A tenant in tail is by s. 15 of the Fines and Recoveries Act 
 empowered to dispose of the fee simple. He, in fact, conveys 
 the fee under a statutory power, and the whole fee is the sub- 
 ject-matter of conveyance. His covenant therefore applies to 
 the whole fee simple. 
 
 Where property is sold by several co-owners they together form one 
 owner, and it is conceived they ought to covenant jointly and severally 
 as to the whole, but the practice on this point is not uniform. 
 
 The covenants in this section are applicable to property of all kinds, 
 including policies of assurance, reversionary interests in personal estate, 
 choses in action, and personal chattels: see the definition of con- 
 veyance, s. 2 (v). 
 
 (A.) In a conveyance for valuable consideration, other 
 than a mortgage, the following covenant by a person who 
 conveys and is expressed to convey as beneficial owner 
 (namely) : 
 
 That, notwithstanding anything by the person who so 
 conveys, or any one through whom he derives title, 
 otherwise than by purchase for value, made, done, 
 executed, or omitted, or knowingly suffered, the 
 person who so conveys, has, with the concurrence of 
 every other person, if any, conveying by his direc- 
 tion, full power to convey the subject-matter ex- 
 pressed to be conveyed, subject as, if so expressed, 
 and in the manner in which, it is expressed to be 
 conveyed, and that, notwithstanding anything as 
 aforesaid, that subject-matter shall remain to and be 
 quietly entered upon, received, and held, occupied, 
 enjoyed, and taken, by the person to whom the con- 
 veyance is expressed to be made, and any person 
 deriving title under him, and the benefit thereof 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 33 
 
 shall be received and taken accordingly, without 
 any lawful interruption or disturbance by the person 
 who so conveys or any person conveying by his 
 direction, or rightfully claiming or to claim by, 
 through, under, or in trust for the person who so 
 conveys, or any person conveying by his direction, 
 or by, through, or under any one not being a person 
 claiming in respect of an estate or interest subject 
 whereto the conveyance is expressly made, through 
 whom the person who so conveys derives title, other- 
 wise than by purchase for value; and that, freed 
 and discharged from, or otherwise by the person who 
 so conveys sufficiently indemnified against, all such 
 estates, incumbrances, claims, and demands other 
 than those subject to which the conveyance is ex- 
 pressly made, as either before or after the date of the 
 conveyance have been or shall be made, occasioned, 
 or suffered by that person or by any person con- 
 veying by his direction, or by any person rightfully 
 claiming by, through, under, or in trust for the 
 person who so conveys, or by, through, or under any 
 person conveying by his direction, or by, through, or 
 under any one through whom the person who so 
 conveys derives title, otherwise than by purchase for 
 value; and further, that the person who so conveys, 
 and any person conveying by his direction, and 
 every other person having or rightfully claiming 
 any estate or interest in the subject-matter of con- 
 veyance, other than an estate or interest subject 
 whereto the conveyance is expressly made, by, 
 through, under, or in trust for the person who so 
 conveys, or by, through, or under any person con- 
 veying by his direction, or by, through, or under 
 any one through whom the person who so conveys 
 derives title, otherwise than by purchase for value, 
 will, from time to time and at all times after the date 
 of the conveyance, on the request and at the cost of 
 any person to whom the conveyance is expressed 
 to be made, or of any person deriving title under 
 D 
 
 S.7 (A). 
 
 SALES AND 
 OTHER TRANS- 
 ACTIONS. 
 
 Covenants for 
 Title. 
 
 Freedom from 
 incumbrance, 
 
 Further assur- 
 ance. 
 
S. 7 (A). 
 SALES AND 
 OTHER TRANS- 
 ACTIONS. 
 
 Covenants for 
 Title. 
 
 How conveying 
 party to be 
 described. 
 
 Word “ con- 
 vey ” not 
 necessary. 
 
 Any operative 
 word sufficient. 
 
 ‘6 Purchase 
 for value.” 
 
 Covenants in 
 voluntary 
 conveyance, 
 
 How far back 
 covenant ex- 
 tends 
 
 34 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 him, execute and do all such lawful assurances and 
 things for further or more perfectly assuring the 
 subject-matter of the conveyance to the person to 
 whom the conveyance is made, and to those deriving 
 title under him, subject as, if so expressed, and in 
 the manner in which the conveyance is expressed to 
 be made, as by him or them or any of them shall be 
 reasonably required : 
 
 (in which covenant a purchase for value shall not be 
 
 deemed to include a conveyance in consideration of 
 
 malriage) : | 
 
 The meaning of clause A is that the actual words of conveyance 
 must describe the conveying party as “ beneficial owner,” or “ settlor,” 
 or otherwise (as intended): (see the 4th Sch. to the Act, Forms I., 
 III., and IV.). It is not sufficient to recite that he is seised in fee, and 
 then for him to convey simply. He must be expressed to convey as 
 “beneficial owner,” “settlor,” or otherwise as the case may require. 
 The object of requiring these special words of description to be used 
 is to enable those who do not wish to adopt the Act to frame their 
 conveyances, mortgages, &c., in the same form precisely as before the 
 Act. 
 
 It is not necessary, in order that a conveyance may operate under 
 this section, to use the word “convey” or ‘‘ conveyance.” These words 
 include all the operative words “assign,” &c., ordinarily used, see s. 2 (v), 
 and may be used instead of the word “grant,” see s. 49 and the 
 schedules to this Act where “convey” is used to pass a fee simple, 
 and s. 57 which enacts that deeds using expressions to the like effect 
 as in the 4th schedule shall be sufficient. Accordingly it is immaterial 
 what word is used ; in a conveyance in fee “grant” may be used; in a 
 conveyance under a power “appoint” may be used ; and in the case of 
 personal estate “assign” may be used, all these words being equally 
 capable of attracting the covenants in this section. 
 
 The expression “ purchase for value” is not to include a-conveyance 
 in consideration of marriage for the reason that the covenant E, post, by 
 a settlor is a limited covenant. Therefore a person deriving title under 
 a marriage settlement should covenant as to the acts of the settlor in 
 the same manner as he would covenant for the acts of his ancestor if 
 he were conveying as heir at law. . 
 
 A voluntary conveyance (if it be not a settlement to which covenant 
 E is made applicable) still requires an express covenant, if any is 
 intended to be given, but in most cases no covenant would be given. 
 
 If A. takes by conveyance on a sale by B., who takes under a settle- 
 ment, voluntary or otherwise, made by C., then B. derives title * other- 
 
CONVEYANCING AND LAW OF PROPERTY AOT. 35 
 
 wise than by purchase for value” through C., and in the conveyance by 
 B, to A. the implied covenant by B. would extend to the acts of C. 
 But A. does not derive title “otherwise than by purchase for value” 
 through B. and consequently not through C.,and on aconveyance by 
 A. his implied covenant would extend only to his own acts. This 
 appears clear if we consider that, assuming the settlement voluntary, C. 
 could defeat it by conveyance for value before A.’s purchase but not 
 afterwards. The implied covenant therefore extends back only to acts 
 from the last conveyance for value not being a settlement. 
 
 (B.) In a conveyance of leasehold property for valu- 
 able consideration, other than a mortgage, the following 
 further covenant by a person who conveys and is ex- 
 pressed to convey as beneficial owner (namely) : 
 
 That, notwithstanding anything by the person who so 
 conveys, or any one through whom he derives title 
 otherwise than by purchase for value, made, done, 
 executed, or omitted, or knowingly suffered, the 
 lease or grant creating the term or estate for which 
 the land is conveyed is, at the time of conveyance, a 
 good, valid, and effectual lease or grant of the pro- 
 perty conveyed, and is in full force, unforfeited, 
 unsurrendered, and in nowise become void or void- 
 able, and that, notwithstanding anything as afore- 
 said, all the rents reserved by, and all the covenants, 
 conditions, and agreements contained in, the lease 
 or grant, and on the part of the lessee or grantee 
 and the persons deriving title under him to be paid, 
 observed, and performed, have been paid, observed, 
 and performed up to the time of conveyance : 
 
 (in which covenant a purchase for value shall not be 
 deemed to include a conveyance in consideration of 
 marriage) : 
 
 The Act does not provide for the covenant of indemnity against rent 
 and covenants by a purchaser on the assignment of leaseholds. The 
 circumstances differ so much that a general covenant could nut easily 
 
 be framed. Moreover the purchaser does not always execute the 
 deed. 
 
 (C.) In a conveyance by way of mortgage, the follow- 
 ing covenant by a person who conveys and is expressed 
 
 to convey as beneficial owner (namely) : 
 D2 
 
 S. 7 (A), (B), 
 (C). 
 
 SALES AND 
 OTHER TRANS- 
 ACTIONS. 
 
 Covenants for 
 Title. 
 
 On conveyance 
 of leaseholds 
 for value, by 
 beneficial 
 owner, 
 
 Validity of 
 
 lease. 
 
 On assignment 
 of leaseholds 
 express cove- 
 nant by pur- 
 chaser »still 
 required, 
 
 On mortgage, 
 by beneficial 
 owner. 
 
S. 7 (C). 
 
 SALES AND 
 OTHER TRANS- 
 ACTIONS. 
 
 Covenants for 
 Title. 
 Right to con- 
 
 vey. 
 Quiet enjoy- 
 ment, 
 
 Freedom from 
 incumbrance. 
 
 Further assur- 
 ance. 
 
 36 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 That the person who so conveys, has, with the con- 
 
 currence of every other person, if any, conveying 
 by his direction, full power to convey the subject- 
 matter expressed to be conveyed by him, subject as, 
 if so expressed, and in the manner in which it is 
 expressed to be conveyed; and also that, if default 
 is made in payment of the money intended to be 
 secured by the conveyance, or any interest thereon, 
 or any part of that money or interest, contrary to 
 any provision in the conveyance, it shall be lawful 
 for the person to whom the conveyance is expressed 
 to be made, and the persons deriving title under 
 him, to enter into and upon, or receive, and thence- 
 forth quietly hold, occupy, and enjoy or take and 
 have, the subject-matter expressed to be conveyed, 
 or any part thereof, without any lawful interruption ~ 
 or disturbance by the person who so conveys, or any 
 person conveying by his direction, or any other 
 person not being a person claiming in respect of an 
 estate or interest subject whereto the conveyance 
 
 ‘is expressly made; and that, freed and discharged 
 
 from, or otherwise by the person who so conveys 
 sufficiently indemnified against, all estates, incum- 
 brances, claims, and demands whatever, other than 
 those subject whereto the conveyance is expressly 
 made; and further, that the person who so conveys 
 and every person conveying by his direction, and 
 every person deriving title under any of them, and 
 every other person having or rightfully claiming 
 any estate or interest in the subject-matter of con- 
 veyance, or any part thereof, other than an estate or 
 interest subject whereto the conveyance is expressly 
 made, will, from time to time and at all times, on the 
 request of any person to whom the conveyance is 
 expressed to be made, or of any person deriving title 
 under him, but, as long as any right of redemption 
 exists under the conveyance, at the cost of the person 
 so conveying, or of those deriving title under him, 
 and afterwards at the cost of the person making the 
 request, execute and do all such lawful assurances 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 37 
 
 and things for further or more perfectly assuring the s. 7 (©), (D). 
 subject-matter of conveyance and every part thereof ¢.. 0 xy 
 to the person to whom the conveyance is made, and oTHER Trans- 
 to those deriving title under him, subject as, if so pas 
 expressed, and in the manner in which the convey- eee MO 
 ance is expressed to be made, as by him or them 
 or any of them shall be reasonably required : 
 
 (D.) In a conveyance by way of mortgage of leasehold On mortgage 
 property, the following further covenant by a person who Be tcacal 
 conveys and is expressed to convey as beneficial owner °W®*r- 
 (namely) : 
 
 That the lease or grant creating the term or estate for Validity of 
 
 which the land is held is, at the time of conveyance, aoeee 
 a good, valid, and effectual lease or grant of the 
 land conveyed and is in full force, unforfeited, and 
 unsurrendered and in nowise become void or void- 
 able, and that all the rents reserved by, and all the 
 covenants, conditions, and agreements contained in, 
 the lease or grant, and on the part of the lessee or 
 grantee and the persons deriving title under him to 
 be paid, observed, and performed, have been paid, 
 observed, and performed up to the time of convey- 
 ance; and also that the person so conveying, or the Payment of 
 persons deriving title under him, will at all times, Paaente 
 as long as any money remains on the security of the covenants. 
 conveyance, pay, observe, and perform, or cause to be 
 paid, observed, and performed all the rents reserved 
 by, and all the covenants, conditions, and agree- 
 ments contained in, the lease or grant, and on the 
 part of the lessee or grantee and the persons deriving 
 title under him to be paid, observed, and performed, 
 and will keep the person to whom the conveyance is 
 made, and those deriving title under him, indemni- 
 fied against all actions, proceedings, costs, charges, 
 damages, claims and demands, if any, to be incurred 
 or sustained by him or them by reason of the non- 
 payment of such rent or the non-observance or non- 
 performance of such covenants, conditions, and 
 agreements, or any of them : 
 
S. 7 (E), (F). 
 
 SALES AND 
 
 38 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 (E.) In a conveyance by way of settlement, the fol- 
 lowing covenant by a person who conveys and is ex- 
 
 orHER TRANS- pressed to convey as settlor (namely) : 
 
 ACTIONS. 
 
 Covenants for 
 Title. 
 
 On settlement, 
 
 For further 
 assurance, 
 limited. 
 
 Covenants in 
 settlements, 
 
 old practice 
 
 as to. 
 
 On conveyance 
 by trustee or 
 mortgagee. 
 
 Against in- 
 cumbrances. 
 
 That the person so conveying, and every person de- 
 riving title under him by deed or act or operation of 
 law in his lifetime subsequent to that conveyance, 
 or by testamentary disposition or devolution in law, 
 on his death, will, from time to time, and at all 
 times, after the date of that conveyance, at the 
 request and cost of any person deriving title there- 
 under, execute and do all such lawful assurances and 
 things for further or more perfectly assuring the 
 subject-matter of the conveyance to the persons to 
 whom the conveyance is made and those deriving 
 title under them, subject as, if so expressed, and 
 in the manner in which the conveyance is expressed 
 to be made, as by them or any of them shall be 
 reasonably required : 
 
 The old practice in settlements was for the settlor to give the 
 ordinary vendor’s covenants for title. This can still be done by making 
 him convey as beneficial owner instead of as settlor, and so incor- 
 porating covenant A. ‘he old practice is inconvenient. Ifa charge 
 be suppressed or accidentally overlooked, the trustees on discovering it 
 become bound to sue the settlor. The amount to be recovered might 
 be such as to leave him penniless and make proceedings in bankruptcy 
 necessary. ‘This cannot be for the benefit of the wife or family, and is 
 an obligation which should not be imposed on trustees. There should 
 be either no covenant for title, or at most this limited covenant E, 
 which binds the settlor to bar an estate tail or execute a valid appoint- 
 ment under a power, or do any other like act for confirming the 
 settlement, but does not throw on him any obligation to discharge 
 incumbrances, 
 
 (F.) In any conveyance, the following covenant by 
 every person who conveys and is expressed to convey as 
 trustee or mortgagee, or as personal representative of 
 a deceased person, or as committee of a lunatic so found 
 by inquisition, or under an order of the Court, which 
 covenant shall be deemed to extend to every such 
 person’s own acts only (namely) : 
 
 That the person so conveying has not executed or 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 39 
 
 done, or knowingly suffered, or been party or privy 
 to, any deed or thing, whereby or by means whereof 
 the subject-matter of the conveyance, or any part 
 thereof, is or may be impeached, charged, affected, 
 or incumbered in title, estate, or otherwise, or whereby 
 or by means whereof the person who so conveys is in 
 anywise hindered from conveying the subject-matter 
 of the conveyance, or any part thereof, in the manner 
 in which it is expressed to be conveyed. 
 
 On a change of trustees the covenant against incumbrances of an 
 outgoing trustee is now of little importance, any wrongful incumbrance 
 is a breach of trust for which there is a remedy independently of the 
 covenant. Before the Act 32 & 33 Vict. c. 46, the covenant was use- 
 ful as making the breach of trust a specialty debt having a certain 
 priority. 
 
 (2.) Where in a conveyance it is expressed that by 
 direction of a person expressed to direct as beneficial 
 owner another person conveys, then, within this section, 
 the person giving the direction, whether he conveys and 
 is expressed to convey as beneficial owner or not, shall 
 be deemed to convey and to be expressed to convey as 
 beneficial owner the subject-matter so conveyed by his 
 direction; and a covenant on his part shall be implied 
 accordingly. 
 
 Under subs. 1 the covenant implied on the part of any person con- 
 veying relates to what he himself conveys. Under this subs. the 
 covenant implied on the part of the person directing applies to what 
 another conveys by his direction. The same result would be attained 
 by making him convey by way of confirmation as beneficial owner. 
 
 This subs. is intended to apply to a case like that of a sale by 
 trustees under a power by the direction of the tenant for life, which, 
 however, will not, since the Settled Land Act, 1882, be the usual 
 case, as the tenant for life will generally now be himself the vendor. 
 The old practice was to make the tenant for life covenant generally 
 as if he were a vendor seised in fee. Latterly the practice has been 
 to confine: his covenant to his life estate only (see Dart, V. & P. 548, 
 5th ed.; 2 Dav. Conv. 261 (0), 4th ed.). If desired a proviso so 
 limiting the covenant can be added (see subs. 7, and General Form 
 No. 1, post). 
 
 (3.) Where a wife conveys and is expressed to convey 
 
 S. 7 (). 
 
 SALES AND 
 OTHER TRANS- 
 ACTIONS. 
 
 Covenants for 
 Title. 
 
 Covenant by 
 outgoing 
 trustee not 
 material. 
 
 On conveyance 
 by direction of 
 beneficial 
 owner. 
 
 Old practice as 
 to covenants 
 by tenant for 
 life. 
 
 Implied cove- 
 
Dots 
 
 SALES AND 
 OTHER TRANS- 
 ACTIONS. 
 
 Covenants for 
 
 Title. 
 nants in con- 
 veyance by 
 husband and 
 wife. . 
 
 A married 
 woman con- 
 veying under 
 a power. 
 
 As to wife’s 
 property 
 acquired after 
 1882. 
 
 40 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 as beneficial owner, and the husband also conveys and is 
 expressed to convey as beneficial owner, then, within this 
 section, the wife shall be deemed to convey and to be 
 expressed to convey by direction of the husband as 
 beneficial owner ; and, in addition to the covenant implied 
 on the part of the wife, there shall also be implied, first, 
 a covenant on the part of the husband as the person 
 giving that direction, and secondly, a covenant on the 
 part of the husband in the same terms as the covenant 
 implied on the part of the wife. 
 
 The object of this subs. is to enable covenants on the part of the 
 husband to be incorporated where husband and wife convey (see 
 Preced. IV., post). 
 
 The wife may convey with consent of the husband, the husband not 
 conveying (see Preced. III., post.) Then the covenant is by the wife 
 only, to the effect that notwithstanding anything done by her, &c., or 
 any one through whom she derives title otherwise than, &c. But the 
 general practice is for the wife to convey, and the husband also to 
 convey and to confirm. In that case the wife and the husband should 
 each be expressed to convey as beneficial owner, then within this subs. 
 she will be deemed to convey by the direction of her husband as bene- 
 ficial owner, and the three following covenants will be implied: (1) by 
 the wife as beneficial owner binding her present separate property 
 which she is not restrained from anticipating, if the conveyance is 
 made before 1883 (see Tullett v. Armstrong, 4 Beav. 323 per M.R. 5 
 Pike v. Fitzgibbon, 17 Ch. D. 454), and binding her present and future 
 separate property, which she is not restrained from anticipating, if the 
 conveyance is made after 1582 (see M. W. P. A., s. 1 (3) (4), s. 19); 
 (2) by the husband as beneficial owner; and (8) by the husband in the 
 same terms as the covenant implied on the part of the wife, that is in 
 effect, that notwithstanding anything done by her or by any one 
 through whom she derives title otherwise than &c. 
 
 Where a married woman conveys under a power she and her husband 
 may in like manner each be expressed to convey as beneficial owner, 
 then the three covenants above mentioned will be implied. The 
 second of those covenants (being the first of the husband’s covenants) 
 will not be of importance, but his second covenant corresponds with 
 the usual one entered into by him in similar cases independently of 
 this Act. 
 
 Where the wife, married before 1883, conveys as beneficial owner 
 property acquired by her after 1882, the concurrence of her husband is 
 no longer necessary, as he takes no interest, and she disposes of it as a 
 feme sole: M. W. P. A. s. 55. nor, for the same reason, is it necessary 
 4s to any property of a woman married after 1882, 7b. s. 2. 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 41 
 
 (4.) Where in a conveyance a person conveying is not 
 expressed to convey as beneficial owner, or as settlor, or 
 as trustee, or as mortgagee, or as personal representative 
 of a deceased person, or as committee of a lunatic so 
 found by inquisition, or under an order of the Court, or 
 by direction of a person as beneficial owner, no covenant 
 on the part of the person conveying shall be, by virtue 
 ~ of this section, implied in the conveyance. 
 
 This subs. renders it clear that a conveyance can be drawn in the 
 old form. Where it is desired not to use the statutory covenants the 
 character in which the conveying party conveys should not be stated, 
 and covenants can be inserted in express words. . 
 
 (5.) In this section a conveyance includes a deed 
 conferring the right to admittance to copyhold or cus- 
 tomary land, but does not include a demise by way of 
 lease at a rent, or any customary assurance, other than a 
 deed, conferring the right to admittance to copyhold or 
 customary land. 
 
 By s. 2 (v.) “conveyance” includes a covenant to surrender. The 
 statutory covenants contained in this section may therefore be incor- 
 porated in the deed of covenant, but they cannot be incorporated in 
 the surrender. ‘They may also be incorporated in all cases where 
 customary or copyhold lands can be dealt with as freeholds, for instance, 
 where they pass by bargain and sale under a power in a will, or by 
 deed and admittance by virtue of the Settled Land Act, 1882, or 
 otherwise, or where an equity is conveyed. 
 
 (6.) The benefit of a covenant implied as aforesaid 
 shall be annexed and incident to, and shall go with, the 
 estate or interest of the implied covenantee, and shall be 
 capable of being enforced by every person in whom that 
 estate or interest is, for the whole or any part thereof, 
 from time to time vested. 
 
 This subs. makes all covenants implied under th’s section run with 
 the land so as to be enforceable by every person interested under the 
 conveyance. It precludes any difficulty as to what covenants do or 
 do not run with the land, as to which see note to s. 58, post. An 
 implied covenant under this section will therefore be more valuable 
 than the ordinary covenant. 
 
 See further as to covenants, ss. 58-60 and 64, post. 
 
 eka 
 
 SALES AND 
 OTHER TRANS- 
 AU'TIONS. 
 
 Covenants for 
 Title. 
 
 Covenant to 
 surrender may 
 incorporate 
 covenant. 
 
 Benefit of 
 implied cove- 
 nants in this 
 section to run 
 with the land. 
 
42 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 SS. 7, 8, 9. (7.) A covenant implied as aforesaid may be varied or 
 Sanes anp eXtended by deed, and, as so varied or extended, shall, 
 Sg podesinipg’ as far as may be, operate in the like manner, and with 
 all the like incidents, effects, and consequences, as if such 
 
 Covenants for 
 
 Title variations or extensions were directed in this section to 
 
 be implied. 
 Variation of This subs. enables provisions to be inserted modifying the statu-. 
 daratiets tory covenant in any agreed manner. As so modified it will be 
 
 covenants ma : i ; d 
 i. madd. equivalent in effect for the purpose of running with the land and 
 
 otherwise, to the simple statutory covenant. The proviso limiting the 
 covenants for title by a tenant for life (see p. 206) is an example of a 
 variation under subs. 7, and is a valid proviso and not repugnant to the 
 covenant (see Williams v. Hathaway, 6 Ch. D. 544). 
 
 (8.) This section applies only to conveyances made 
 after the commencement of this Act. 
 
 Execution of Execution of Purchase Deed. 
 Purchase Deed. 
 
 Rights of pur-  §,—(1.) On a sale, the purchaser shall not be entitled 
 pa to require that the conveyance to him be executed in his 
 presence, or in that of his solicitor as such; but shall be 
 entitled to have, at his own cost, the execution of the 
 conveyance attested by some person appointed by him, 
 who may, if he thinks fit, be his solicitor. 
 (2.) This section applies only to sales made after the 
 commencement of this Act. 
 
 This section precludes the questions raised in Viney v. Chaplin, 
 4 Drew. 237, 2 D. & J. 468; Hssex v. Daniel, L. R. 10 C. P. 588; and 
 Ex parte Swinbanks, 11 Ch. D, 525. 
 
 See a decision under this s., Re Bellamy, &c., W. N. 1882, p. 165. 
 
 Production and Production and Safe Custody of Title Deeds. 
 Safe Custody of 
 
 Title Deeds. 9.—(1.) Where a person retains possession of docu- 
 Acknowledg- 
 
 ment of right ments, and gives to another an acknowledgment in 
 to BER On) writing of the right of that other to production of those 
 a forenfe. documents, and to delivery of copies thereof (in this 
 custody of section called an acknowledgment), that acknowledgment 
 
 documents. . ‘ : j 
 shall have effect as in this section provided. 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 43 
 
 (2.) An acknowledgment shall bind the documents to 
 which it relates in the possession or under the control of 
 the person who retains them, and in the possession or 
 
 under the control of every other person having possession. 
 
 or control thereof from time to time, but shall bind each 
 individual possessor or person as long only as he has 
 possession or control thereof ; and every person so having 
 possession or control from time to time shall be bound 
 specifically to perform the obligations imposed under 
 this section by an acknowledgment, unless prevented 
 from so doing by fire or other inevitable accident. 
 
 (3.) The obligations imposed under this section by an 
 acknowledgment are to be performed from time to time 
 at the request in writing of the person to whom an 
 acknowledgment is given, or of any person, not being a 
 lessee at a rent, having or claiming any estate, interest, 
 or right through or under that person, or otherwise 
 becoming through or under that person interested in or 
 affected by the terms of any document to which the 
 acknowledgment relates. 
 
 (4.) The obligations imposed under this section by an 
 acknowledgment are— | 
 
 (i.) An obligation to produce the documents or any of 
 
 them at all reasonable times for the purpose of. 
 
 inspection, and of comparison with abstracts or 
 copies thereof, by the person entitled to request 
 production or by any one by him authorized in 
 writing ; and 
 
 (ii.) An obligation to produce the documents or any of 
 them at any trial, hearing, or examination in 
 any court, or in the execution of any commis- 
 sion, or elsewhere in the United Kingdom, on 
 any occasion on which production may properly 
 be required, for proving or supporting the title 
 or claim of the person entitled to request pro- 
 duction, or for any other purpose relative to that 
 title or claim; and 
 
 (iii.) An obligation to deliver to the person entitled 
 to request the same true copies or extracts, 
 
 S. 9. 
 SALES AND 
 OTHER TRANS- 
 ACTIONS. 
 
 Production and 
 Safe Custody of 
 Title Deeds. 
 
9. 
 
 i 
 
 SALES AND 
 OTHER TRANS- 
 ACTIONS. 
 
 Production and 
 tafe Custody of 
 Title Deeds. 
 
 Legal right to 
 production 
 assimilated to 
 the equitable 
 right. 
 
 Effect of s. 9. 
 
 “ Retain.” 
 
 No liability to 
 damages where 
 acknowledg- 
 ment only 
 given. 
 
 44 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 attested or unattested, of or from the documents 
 or any of them. 
 
 (5.) All costs and expenses of or incidental to the 
 specific performance of any obligation imposed under 
 this section by an acknowledgment shall be paid by the 
 person requesting performance. 
 
 (6.) An acknowledgment shall not confer any right to 
 damages for loss or destruction of, or injury to, the 
 documents to which it relates, from whatever cause 
 arising. 
 
 This section removes certain difficulties as to covenants for pro- 
 duction running with the land, and makes the legal right to production 
 co-extensive with the equitable right (as to which, see Dart, ch. ix., 
 s. 2, 5th ed.). Also it removes the personal liability of the original 
 covenantor after he has parted with the documents, and transfers that 
 obligation to each subsequent possessor, but for the period only of his 
 possession. This personal liability has sometitnes compelled a cove- 
 nantor to retain documents after he had ceased to be interested in any 
 land affected by them, or else to incur the expense of obtaining, and of 
 procuring the covenantee to accept, a substituted covenant, and conse- 
 quently to sell subject to special conditions. A person retaining 
 documents is now enabled to give (1) an acknowledgment of the right 
 to production, and (2), an undertaking for safe custody, together or 
 separately. The first, unlike a covenant to the same effect, may safely 
 be given by a trustee or mortgagee. He can always produce the 
 documents while he has possession of them, and he ceases to be liable 
 after he has parted with them. He should only give the acknowledg- 
 ment and not the undertaking (see n. to subs. 14). An ordinary 
 vendor will be liable to give both in the absence of special contract. 
 
 “ Retain” is used in this section in its primary signification of “ to 
 keep”: see Todd’s Johnson, see also Webster. 
 
 Subs. 6 expressly excludes all liability to damages for loss or 
 destruction where an acknowledgment only is given, The liability 
 for damages arises only upon an undertaking under subs. Y. 
 
 (7.) Any person claiming to be entitled to the benefit 
 of an acknowledyment may apply to the Court for an 
 order directing the production of the documents to which 
 it relates, or any of them, or the delivery of copies of or 
 extracts from those documents or any of them to him, or 
 some person on his behalf; and the Court may, if it 
 thinks fit, order production, or production and delivery, 
 
CONVEYANCING AND LAW OF PROPERTY AcT. 45 
 
 accordingly, and may give directions respecting the 
 time, place, terms, and mode of production or delivery, 
 and may make such order as it thinks fit respecting the 
 costs of the application, or any other matter connected 
 with the application. 
 
 (8.) An acknowledgment shall by virtue of this Act 
 satisfy any lability to give a covenant for production 
 and delivery of copies of or extracts from documents. 
 
 Where by general law, and in the absence of special contract, a 
 person would be bound to give a covenant for production and delivery 
 of copies; subs. 8 enables him to give an acknowledgment in place of 
 the covenant, but does not compel him to do so. He still has the 
 option of giving a covenant, an option not likely to be exercised, as the 
 covenant creates a more onerous liability. This s. applies only to 
 liabilities respecting documents incurred after 1881: see subs. 14 
 
 Where a conveyance is made to uses the acknowledgment should, 
 like the old covenant for production, be made to the grantee to uses. 
 The persons interested under the limitations will then, as “claiming 
 any estate, &c., through ” that grantee (see subs. 3) be entitled to the 
 benefit of the acknowledgment. 
 
 On a conveyance of an infant’s land, there would before this Act 
 have been no covenant for production, as the conveying party 
 would of course undertake no personal responsibility, and now, it 
 seems, he should not give any acknowledgment. 
 
 (9.) Where a person retains possession of documents 
 and gives to another an undertaking in writing for safe 
 custody thereof, that undertaking shall impose on the 
 person giving it, and on every person having possession 
 or control of the documents from time to time, but on 
 each individual possessor or person as long only as he 
 has possession or control thereof, an obligation to keep 
 the documents safe, whole, uncancelled, and undefaced, 
 unless prevented from so doing by fire or other inevitable 
 accident. 
 
 This subs., as compared with the ordinary covenant for production, 
 operates as a relief to the person bound to produce. It makes him 
 liable for damages only while the documents are in his possession. 
 On the other hand, it imposes an additional liability on any person 
 afterwards acquiring possession of the documents, making him liable 
 in damages for loss or destruction, a liability not necessarily devolving 
 on him under the ordinary covenant merely by reason of his receiving 
 
 soaks 
 
 SALES AND 
 OTHER TRANS- 
 ACTIONS. 
 
 Production and 
 Safe Custody of 
 Title Deeds, 
 
 Acknowledg- 
 ment substi- 
 tuted where 
 liability to 
 give covenant 
 to produce. 
 
 Where convey- 
 ance made to 
 uses. 
 
 On conveyance 
 of infant’s land. 
 
 Liability under 
 undertaking is 
 on possessor 
 
 only. 
 
S. 9. 
 "SALES AND 
 OTHER TRANS- 
 ACTIONS. 
 
 Production and 
 Safe Custody of 
 Title Deeds. 
 Damages for 
 loss of deeds, 
 
 Application 
 under acknow- 
 ledgment or 
 for damages, 
 how made, 
 
 Whether trus- 
 tees should 
 give under- 
 taking. 
 
 46 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 the documents from a person who had covenanted for safe custody. 
 As to the question of damages, see Hornby v. Matcham, 16 Sim. 324, 
 and Brown v. Sewell, 11 Hare, 49. In James v. Rumsey (11 Ch. D. 
 398) the mortgagor was held entitled to an indemnity, but not to 
 compensation. . 
 
 (10.) Any person claiming to be entitled to the benefit 
 of such an undertaking may apply to the Court to assess 
 damages for any loss, destruction of, or injury to the 
 documents or any of them, and the Court may, if it 
 thinks fit, direct an inquiry respecting the amount of 
 damages, and order payment thereof by the person liable, 
 and may make such order as it thinks fit respecting the 
 costs of the application, or any other matter connected 
 with the application. — 
 
 An application to the Court under this subs. or under subs. 7 
 should be by summons: see s. 69 (8), 
 
 (11.) An undertaking for safe custody of documents 
 shall by virtue of this Act satisfy any lability to give a 
 covenant for safe custody of documents. 
 
 See note to subs, 8. 
 
 (12.) The rights conferred by an acknowledgment or 
 an undertaking under this section shall be in addition to 
 all such other rights relative to the production, or inspec- 
 tion, or the obtaining of copies of documents as are not, 
 by virtue of this Act, satisfied by the giving of the 
 acknowledgment or undertaking, and shall have effect 
 subject to the terms of the acknowledgment or under- 
 taking, and to any provisions therein contained. 
 
 (13.) This section applies only if and as far as a 
 contrary intention is not expressed in the acknowledg- 
 ment or undertaking. 
 
 (14.) This section applies only to an acknowlod eae 
 or undertaking given, or a liability respecting documents 
 incurred, after the commencement of this Act. 
 
 The covenant for production of documents intended to be superseded 
 by this section imposed two obligations, (1) an obligation to produce, 
 (2) an obligation to keep safe, The first could be enforced by specific 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 47 
 
 performance, but the remedy on the.second was damages only. The 
 old practice was that a trustee selling did not give any covenant. 
 Latterly it has been customary for him to give a covenant limited so 
 as to bind himself personally while having possession of the documents, 
 and so as to bind the same, so far as may be, in the hands of other 
 persons, “but so as not to create any further liability,” or “so as not 
 to create any liability for damages.” With this limitation inserted it 
 is conceived that the part of the covenant as to safe keeping should 
 have been omitted, the limitation of liability being repugnant and 
 void (Williams v. Hathaway, 6 Ch. D, 544); but this does not seem 
 always to have been attended to in the precedent books. However 
 this may be, the general rule is that a trustee does not covenant except 
 for his own acts, and ought not to be asked to guarantee the safety of 
 documents which might be lost without his personal neglect, as for 
 instance, by his solicitor on a journey, when properly removing them. 
 In this view trustees ought only to give an acknowledgment under this 
 section and not an undertaking. If they give an undertaking any 
 damages incurred could not, it is apprehended, in the absence of special 
 provision, be recouped to them ont of the part of the trust estate re- 
 tained. But on purchase of an estate with deeds bound by an under- 
 taking, the liability would be one attached by law to the estate, and in 
 a proper case the trustees would be entitled to be recouped any loss. 
 The same principle applies to mortgagees, 
 
 The old practice was to take the covenant for production of docu- 
 ments by a separate deed, and not to include it in the conveyance. On 
 subsequent dealings it was kept off the abstract, and no opportunity 
 was given for making requisitions as to the documents mentioned in 
 the covenant, Having regard to the Act, 22 & 23 Vict. c. 35, s. 24, it 
 is conceived that a solicitor cannot now safely omit giving an abstract 
 of a document of even date with the conveyance commencing a title. 
 And inasmuch as under the C. A.,s.3(8), when a conveyance becomes 
 a root of title any requisition as to prior documents is precluded, 
 there is no sufficient reason for having an undertaking by a separate 
 document, unless the schedule of documents would make the convey- 
 ance inconveniently long, or except for the purpose of enabling the 
 undertaking to be destroyed when production under it has ceased to be 
 of importance. 
 
 It is advisable that an acknowledgment or undertaking when given 
 by a separate writing, under hand only, should bear a sixpenny agree- 
 ment stamp; though not a document clearly included in the Stamp 
 Acts, it would probably be held to be in effect an agreement. 
 
 An acknowledgment and undertaking being substituted for a cove- 
 nant the expense will be borne by the person who would pay for the 
 covenant, but, besides the stamp, the expense will in any case be no 
 more than the mere cost of making out a schedule of documents. 
 
 The liability of a person giving an acknowledgment or undertaking 
 
 529. 
 
 SALES AND 
 OTHER TRANS- 
 ACTIONS. 
 
 Production and 
 Safe Custody of 
 Title Deeds, 
 
 Acknowledg- 
 ment or under- 
 taking may be 
 included in the 
 conveyance. 
 
 Stamp on an 
 acknowledg- 
 ment or under- 
 taking. 
 
 Expense by 
 whom to be 
 borne. 
 
 No indemnity 
 
S35) Oye 11. 
 SALES AND 
 OTHER TRANS- 
 ACTIONS. 
 
 Production and 
 Safe Custody of 
 Title Deeds. 
 
 required on 
 delivery over. 
 
 Section only 
 applies to per- 
 sons actually 
 having pos- 
 session. 
 
 LEASES, 
 
 Rent and bene- 
 fit of lessees 
 covenants to 
 run with 
 reversion, 
 
 Beneficial 
 owner as well 
 as legal rever- 
 sioner entitled 
 to sue, 
 
 Obligation of 
 lessors cove- 
 
 48 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 ceases when the documents are delivered over, and attaches to the 
 person receiving them. Therefore no indemnity need be taken on deli- 
 very over, but it is conceived that they must be properly delivered 
 over, that is to say, to a person having an interest in the property to 
 which they relate. 
 
 The acknowledgment or undertaking must be given by a person who 
 retains the documents, ¢.e., who actually has possession of them. 
 Therefore where, as sometimes happens on a sale of property in mort- 
 gage, the mortgagor and mortgagee are required to place themselves 
 under an obligation for production, the obligation by the mortgagee 
 being limited to the period during which he has possession, he alone 
 can give an acknowledgment. ‘The mortgagor does not retain the 
 deeds, and his obligation is, not to produce, but to procure production, 
 and must be provided for by covenant in the old form. 
 
 IT.—LEASEs. 
 10.—(1.) Rent reserved by a lease, and the benefit of 
 
 every covenant or provision therein contained, having 
 reference to the subject-matter thereof, and on the lessees 
 part to be observed or performed, and every condition of 
 re-entry and other condition therein contained, shall be 
 annexed and incident to and shall go with the rever- 
 sionary estate in the land, or in any part thereof, imme- 
 diately expectant on the term granted by the lease, 
 notwithstanding severance of that reversionary estate, 
 and shall be capable of being recovered, received, 
 enforced, and taken advantage of by the person from time 
 to time entitled, subject to the term, to the income of 
 the whole or any part, as the case may require, of the 
 land leased. 
 
 (2.) This section applies only to leases made after the 
 commencement of this Act. 
 
 This section gives to the “ person entitled to the income,” that is, the 
 beneficial owner, as well as the legal reversioner, the right to sue. It 
 also gives a mortgagee the right to sue on the lessee’s covenants in a 
 lease made under s. 18 of this Act by the mortgagor, see note to that s, 
 
 As to the cases in which the benefit of covenants by lessees ran with 
 
 the reversion prior to this Act, see Spencer’s Case, and notes, 1 Smith, 
 L. C. 80 e¢ seg. 8th ed. 
 
 11.—(1.) The obligation of a covenant entered into by 
 a lessor with reference to the subject-matter of a lease 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 49 
 
 shall, if and as far as the lessor has power to bind the 
 reversionary estate immediately expectant on the term 
 granted by the lease, be annexed and incident to and 
 shall go with that reversionary estate, or the several 
 parts thereof, notwithstanding severance of that rever- 
 sionary estate, and may be taken advantage of and 
 enforced by the person in whom the term is from time to 
 time vested by conveyance, devolution in law, or other- 
 wise; and, if and as far as the lessor has power to bind 
 the person from time to time entitled to that reversionary 
 estate, the obligation aforesaid may be taken advantage 
 of and enforced against any person so entitled. 
 
 (2.) This section applies only to leases made after the 
 commencement of this Act. 
 
 This section makes legally binding on the successors in title of a 
 person who grants a lease under a power, all covenants which, as against 
 the remainderman, the grantor has power to enter into. 
 
 As to the cases in which the obligation of covenants by lessors ran 
 with the reversion before this Act, see Spencer’s Case, and notes, 
 ubi sup. As to the obligation of covenants running with the land, 
 generally, see note to s. 58, post. 
 
 This section necessarily does not apply to cases where the covenants 
 are not severable in their nature, or are not attributable to particular 
 parts of the demised property. 
 
 The two preceding sections effect a considerable extension of the 
 principle of the Act 32 Hen. 8, c. 34, whereby the benefit of a cove- 
 nant was annexed to the reversion. In order to be within that Act, 
 the covenant must have been entered into with the legal owner of 
 the reversion, so that in a lease under a power reserved to the mort- 
 gagor by the mortgage deed a covenant by the lessee with the mortgagor 
 did not run, but was a covenant in gross, the mortgagor not being the 
 legal reversioner. Now under s. 10 of this Act wherever there is a 
 legal reversion, that is, where a lease is made by means of an ordinary 
 power or a statutory power, as under s. 18 of this Act, or under the 
 Settled Land Act, 1882, enabling a legal term to be carved out of 
 the reversion, the lessee’s covenants are annexed to and run with the 
 reversion, and are no longer covenants in gross. 
 
 So under s. 11, the covenants of a lessor, who has power to bind the 
 yeversionary estate, will run with and bind the reversioner, though the 
 lessor be tenant for life only, or, as mortgagor, be entitled only to an 
 equitable interest. 
 
 Where a mortgagor, not having power to bind the mortgagee, grants 
 
 3 
 
 Soli 
 
 or 
 
 LEASES, 
 
 nants to run 
 with reversion, 
 
 Lessor’s cove- 
 nants in leases 
 under powers. 
 
 Principle of 
 32 Hen. 8, 
 
 c. 34, extended 
 to leases bind- 
 ing the legal 
 reversioner. 
 
SS. 11, 12, 13, 
 LEASES. 
 
 os 
 
 Apportionment 
 of conditions on 
 severance, &c. 
 
 Application of 
 this section. 
 
 On sub-demise, 
 title to lease- 
 hold reversion 
 not to be re- 
 quired. 
 
 50 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 a lease, no legal term is created, and there being consequently no rever- 
 sion, ss. 11 and 12 do not apply. If, however, the mortgagee reconvey 
 to the mortgagor, the lease becomes good by estoppel. 
 
 12.—(1.) Notwithstanding the severance by conyey- 
 ance, surrender, or otherwise, of the reversionary estate 
 in any land comprised in a lease, and notwithstanding 
 the avoidance or cesser in any other manner of the term 
 granted by a lease as to part only of the land comprised 
 therein, every condition or right of re-entry, and every 
 other condition, contained in the lease, shall be appor- 
 tioned, and shall remain annexed to the severed parts of 
 the reversionary estate as severed, and shall be in force 
 with respect to the term whereon each severed part is 
 reversionary, or the term in any land which has not been 
 surrendered, or as to which the term has not been avoided 
 or has not otherwise ceased, in like manner as if the land 
 comprised in each severed part, or the land as to which 
 the term remains subsisting, as the case may be, had 
 alone originally been comprised in the lease. 
 
 (2.) This section applies only to leases made after the 
 commencement of this Act. 
 
 The 22 & 23 Vict. c. 35, s, 8, provides for the apportionment of con- 
 ditions of re-entry where the reversion upon a lease is severed, and the 
 rent or other reservation is legally apportioned. This section of the 
 present Act provides for the apportionment of every condition in a lease, 
 which is in its nature apportionable, and includes the case of the avoid- 
 ance or cesser in any manner of the term granted by the lease as to part ° 
 only of the land comprised therein. 
 
 13.—(1.) On a contract to grant a lease for a term of 
 years to be derived out of a leasehold interest, with a 
 leasehold reversion, the intended lessee shall not have 
 the right to call for the title to that reversion. 
 
 (2.) This section applies only if and as far as a contrary 
 intention 1s not expressed in the contract, and shall have 
 effect subject to the terms of the contract and to the- 
 provisions therein contained. 
 
 (3.) This section applies only to contracts made after 
 the commencement of this Act. 
 
CONVEYANCING AND LAW OF PROPERTY ACT, 651 
 
 This section is supplementary to s. 3 (1), and to the V. & P.A., 
 eee (1) 
 
 The effect of this section, together with s. 2 (1) of the V.& P. A., 
 on a contract to grant a lease, is as follows: 
 
 By the V. & P. A., under a contract to grant a lease for a term of 
 
 years, the intending lessee— 
 (1) Cannot, whether the intending lessor be freeholder or leaseholder, 
 call for the title to the freehold, 
 (2) But can, if the intending lessor be a leaseholder, call for the lease 
 and the subsequent title thereto. 
 By the above s. 13 the intending lessee 
 (3) Cannot, where the intending lessor holds by under-lease, call for 
 the title of the superior leasehold reversion on such underlease. 
 
 In contradistinction to a freeholder, the leaseholder is still left under 
 liability to shew his own lease and the subsequent title thereto. This 
 is in accordance with the usual practice. The freeholder almost invari- 
 ably bars himself from shewing his own title on granting a lease, but a 
 leaseholder does not generally do so. There are obvious reasons why 
 a difference should be made. 
 
 Forfeiture. 
 
 14.—(1.) A right of re-entry or forfeiture under any 
 proviso or stipulation in a lease, for a breach of any 
 covenant or condition in the lease, shall not be enforce- 
 able, by action or otherwise, unless and until the lessor 
 serves on the lessee a notice (a) specifying the particular 
 breach complained of and, if the breach is capable of 
 remedy, requiring the lessee to remedy the breach, and, 
 in any case, requiring the lessee to make compensation 
 in money for the breach, and the lessee fails, within 
 a reasonable time thereafter, to remedy the breach, if it 
 is capable of remédy, and to make reasonable compensa- 
 tion in money, to the satisfaction of the lessor, for the 
 
 breach. 
 
 (a) As to service of notice, see s. 67. 
 
 (2.) Where a lessor is proceeding, by action or other- 
 wise, to enforce such a right of re-entry or forfeiture, the 
 lessee may, in the lessor’s action, if any, or in any action 
 brought by himself, apply to the Court for relief; and 
 
 the Court may grant or refuse relief, as the Court, having 
 E 2 
 
 SS. 13, 14, 
 
 ne 
 
 LEASES. 
 
 What title to 
 be shewn by 
 leaseholder 
 selling or 
 leasing. 
 
 Forfeiture. 
 
 Restrictions on 
 and relief 
 against, 
 forfeiture of 
 leases. 
 
S. 14. 
 
 LEASES. 
 
 Forfeiture. 
 
 Relief only 
 before re- 
 entry. 
 
 What relief 
 against forfei- 
 ture existed 
 before this 
 Act. 
 
 How damages 
 are to be as- 
 certained. 
 
 52 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 regard to the proceedings and conduct of the parties 
 under the foregoing provisions of this section, and to all 
 the other circumstances, thinks fit; and in case of relief 
 may grant it on such terms, if any, as to costs, expenses, 
 damages, compensation, penalty, or otherwise, including 
 the granting of an injunction to restrain any like breach 
 in the future, as the Court, in the circumstances of each 
 case, thinks fit. 
 
 The tenant can only obtain relief under this s. before the landlord 
 has re-entered: Quilter v. Mapleson, 9 Q. B. D. 675, 676. 
 
 Before this Act no relief could have been obtained against forfeiture 
 for breach of covenant in a lease, containing the usual proviso for re- 
 entry on breach of covenant, except in the case of a covenant for pay- 
 ment of rent or insuring against fire (Hill v. Barclay, 18 Ves. 56; 
 Bracebridge v. Buckley, 2 Price, 200 ; Nokes v. Gibbon, 3 Drew. 681) ; 
 or except in cases of accident or surprise (//7l v. Barclay, 18 Ves. 62) ; 
 or under special circumstances enabling a Court of Equity to grant 
 relief (Bamford v. Creasby, 3 Giff. 675 ; Bargent v. Thomson, 4 Giff. 
 473; Hughes v. Metrop. R. C., 2 App. Cas. 489). Under 22 & 23 
 Vict. c. 35, ss. 4-9, Courts of Equity had power to grant relief in 
 certain cases of forfeiture for omission to insure against fire. That 
 power was extended to Courts of Common Law by the Common Law 
 Procedure Act, 1860 (23 & 24 Vict. c. 126), s. 2. These enactments 
 are repealed by this Act (see subs, (7) of this section) ; but by subs. (8) 
 the relief against forfeiture for non-payment of rent, which extends to 
 an underlessee (Doe v. Byron, 1 Com. B. 623), is left untouched (as to 
 this relief at common law see the C. L. P. Act, 1852, 15 & 16 Vict. 
 c. 76, s. 212, and the C. L. P. Act, 1860, 23 & 24 Vict. c. 126, s. 1). 
 
 Subs. 2 will impose on the judges the difficult duty of deciding the 
 terms on which relief is to be granted. It would have been well if the 
 Act could have given some guide for estimating the penalty to be im- 
 posed on the lessee. Where there has been a breach of a covenant to 
 insure, but no loss, it is difficult to say what is aproper sum to be paid 
 to the landlord. Before the Act the landlord would have recovered 
 the whole value of the lease, so that the penalty may be said to 
 range from a farthing to that full value. The probability is that 
 where no loss has been incurred no damages will be awarded, and the 
 only penalty will be costs: see Quilter v. Mapleson, 9 Q..B. D. 678. 
 
 (3.) For the purposes of this section a lease includes 
 an original or derivative under-lease, also a grant at 
 a fee-farm rent, or securing a rent by condition; and a 
 lessee includes an original or derivative under-lessee, and 
 the heirs, executors, administrators, and assigns of a 
 
! 
 
 CONVEYANCING AND LAW OF PROPERTY ACT. 953 
 
 lessee, also a grantee under such a grant as aforesaid, his 
 heirs and assigns; and a lessor includes an original or 
 derivative under-lessor, and the heirs, executors, adminis- 
 trators, and assigns of a lessor, also a grantor as aforesaid, 
 and his heirs and assigns. 
 
 (4.) This section applies, although the proviso or 
 stipulation under which the right of re-entry or forfeiture 
 accrues is inserted in the lease in pursuance of the direc- 
 tions of any Act of Parliament. 
 
 (5.) For the purposes of this section a lease limited to 
 continue as long only as the lessee abstains from com- 
 mitting a breach of covenant shall be and take effect as 
 a lease to continue for any longer term for which it could 
 subsist, but determinable by a proviso for re-entry on 
 such a breach. 
 
 (6.) This section does not extend— 
 
 Gi.) To a covenant or condition against the assigning, 
 under-letting, parting with the possession, or 
 disposing of the land leased; or to a condition 
 for forfeiture on the bankruptcy (0D) of the lessee, 
 or on the taking in execution of the lessee’s 
 interest ; or 
 
 (ii.) In case of a mining lease (c), to a covenant or 
 condition for allowing the lessor to have access 
 to or inspect books, accounts, records, weighing 
 machines or other things, or to enter or inspect 
 the mine or the workings thereof. 
 
 (7.) The enactments described in Part I. of the Second 
 
 Schedule to this Act are hereby repealed. 
 
 The repeal by this subs, of s. 8 of 22 & 23 Vict. c. 35, does away 
 with the special relief given in respect of insurance to a purchaser of a 
 leasehold, and places him in the same position as his vendor in respect 
 to relief generally against forfeiture. The Court would scarcely enforce 
 a forfeiture against a purchaser without notice, or award damages or 
 enforce a penalty against him, and he thus appears practically in as 
 good a position in respect to insurance as under the repealed Act. The 
 case of Hx parte Gorely, 4 De G. J. & 8. 477, rendered s. 7 of the same 
 Act no longer necessary. 
 
 (8.) This section shall not affect the law relating to 
 
 S. 14. 
 
 LEASES. 
 
 Forfeiture. 
 
 Protection of 
 purchaser of 
 leaseholds 
 against for- 
 feiture for non- 
 insurance. 
 
8. 14. 
 
 LEASES. 
 
 Forfeiture. 
 
 Forfeiture, &c., 
 for non-pay- 
 ment of rent. 
 
 MORTGAGES, 
 
 Powers of 
 mortgagor 
 conferred by 
 this Act. 
 
 Mortgagor in 
 possession. 
 
 Powers of 
 mortgagee. 
 
 Mortgagee in 
 possession. 
 
 54 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 re-entry or forfeiture or relief in case of non-payment of 
 rent (d). 
 
 (9.) This section applies to leases made either before 
 or after the commencement of this Act, and shall have 
 effect notwithstanding any stipulation to the contrary. 
 
 (b) As to the meaning of “ bankruptcy,” see s. 2 (xv.) 
 
 (c) As to the meaning of “ mining lease,” see s. 2 (xi.) 
 
 (d) As to forfeiture and relief against forfeiture for non-payment of 
 rent, see Woodfall L. & T. 291-298, 11th ed. 
 
 LV.—MoRrRtTGAGES. 
 
 The following is a summary of the powers conferred on mortgagors 
 and mortgagees by this Act and made incident to their estates, unless a 
 contrary intention is expressed, except as to the first two powers, (i.) 
 and (ii.), which apply notwithstanding any stipulation to the contrary. 
 
 A mortgagor 
 
 (i.) May require the mortgagee, not being or not having been in 
 possession, to transfer instead of reconveying, and to assign 
 the debt: C. A. s. 15; 
 
 (ii.) May inspect and take copies of title deeds: s. 16; 
 
 (iii.) May redeem one mortgage without redeeming any other: s. 17; 
 
 (iv.) May have an order for sale in a redemption action: 8. 25 ; 
 
 (v.) May when in possession make or agree to make agricultural 
 
 or occupation leases not exceeding twenty-one years, and 
 building leases not exceeding ninety-nine years: s. 18 (1) (17). 
 
 (i.) and (iv.) are retrospective, (ii.) is not; (iii.) applies where the 
 mortgages, or one of them, are or is made after 1881; (v.) is not retro- 
 spective, except by agreement. 
 
 A mortgagee under a deed made after 1881 
 
 (vi.) May when the mortgage money has become due sell or concur 
 in selling: ss. 19 (1), 20, 21; 
 
 (vii.) May insure: ss. 19 (ii.), 28; 
 
 (vili.) May appoint and remove a receiver: ss. 19 (iii.), 24 ; 
 
 (ix.) May give receipts for purchase and other moneys and securi- 
 ties : 8, 22; 
 
 (x.) May after his power of sale has become exercisable recover the 
 title-deeds, except against persons having prior claims: 
 s. 21 (7); 
 
 (xi.) May, whether the mortgage is before or after 1881, obtain an 
 order for sale in action for foreclosure or redemption: s, 25 
 (2) 5 
 
 (xii.) May when in possession exercise the like powers of leasing or 
 agreeing to lease as a mortgagor in possession: see (v.) supra ; 
 
 s. 18 (2), (17); 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 55 
 (xiii.) May cut and sell timber: s. 19 (iv.). 
 A subsequent mortgagee, as a person entitled to redeem (see s. 2 
 (vi.)) 
 (xiv.) May also exercise powers (i.) to (iv.). 
 (xi.) is retrospective, (vi.) to (x.), and (xiii.) are not; (xii.) is not 
 retrospective except by agreement. 
 (xv.) On the death of a sole mortgagee dying after 1881 the estate 
 devolves on his personal representatives, notwithstanding any 
 devise in his will: s, 30. 
 
 15.—(1.) Where a mortgagor is entitled to redeem, he 
 shall, by virtue of this Act, have power to require the 
 mortgagee, instead of re-conveying, and on the terms on 
 which he would be bound to re-convey, to assign the 
 mortgage debt and convey the mortgaged property to 
 any third person, as the mortgagor directs; and the 
 mortgagee shall, by virtue of this Act, be bound to assign 
 and convey accordingly. 
 
 This section includes an equitable as well as a legal mortgage. 
 Though a second mortgage, or any other equitable charge, is discharged 
 by mere payment by the owner of the equity of redemption, and no 
 re-conveyance is necessary, yet it is not so discharged if paid by another 
 person, and if so paid, a transfer can be required under this section of 
 an equitable charge as well as of a legal mortgage. 
 
 In Teevan v. Smith, 20 Ch. D. 724 (as to which see Marson v. Coz, 
 14 Ch. D. 140) the actual decision was that the mortgagor could not 
 require a transfer to his nominee as against the second mortgagee who 
 desired to redeem the first. But the Court seemed to think that this 
 section did not in any case enable a mortgagor to require a first 
 mortgagee to transfer where there were intermediate mortgagees, even 
 though they did not ask to redeem. This construction would have 
 rendered the section to a great extent nugatory. The main difficulty 
 arises where there are successive mortgages and the first mortgagee 
 insists on foreclosing or selling unless paid, but refuses to transfer and 
 will only reconvey to the second mortgagee. No advance can then be 
 obtained to pay off the first mortgage, except on terms of paying all. 
 This is now provided for by s. 12 of C, A., 1882, which enacts that 
 
 The right of the mortgagor, under section fifteen of the 
 Conveyancing Act of 1881, to require a mortgagee, instead 
 of re-conveying, to assign the mortgage debt and convey the 
 mortgaged property to a third person, shall belong to and be 
 capable of being enforced by each incumbrancer, or by the 
 mortgagor, notwithstanding any intermediate incumbrance : 
 
 SS. 14, 15. 
 
 MORTGAGES. 
 
 Devolution of 
 mortgage 
 estates on 
 death, 
 
 Obligation on 
 mortgagee to 
 transfer 
 instead of 
 re-conveying. 
 
 When transfer 
 of an equitable 
 charge neces- 
 sary. 
 
 Amendment of 
 this s. by C. A., 
 1882. 
 
 Co. AL ieee 
 readl , 
 Reconveyance 
 on mortgage, 
 
OS, 15, 16. . 
 MORTGAGES. 
 
 Why mort- 
 gagee in 
 possession 
 excepted. 
 
 Mortgagor in- 
 cludes second 
 mortgagee. 
 
 Decisions 
 cancelled, 
 
 How rights 
 under this s. 
 enforced. 
 
 Retrospective 
 effect. 
 
 Power for 
 mortgagor to 
 
 06 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 but a requisition of an incumbrancer shall prevail over a 
 requisition of the mortgagor, and, as between incumbrancers, 
 a requisition of a prior incumbrancer shall prevail over a 
 requisition of a subsequent incumbrancer. 
 
 (2.) This section does not apply in the case of a mort- 
 gagee being or having been in possession. 
 
 The reason for excepting a mortgagee in possession (see Coote, Mortg. 
 655, 741, 4th ed.), is, that once having taken possession he remains 
 liable for all that he might but for his wilful default have received, and 
 also liable in respect of working minerals and other matters, and remains 
 liable after transfer for the acts and defaults of the transferee. Though 
 the request of the mortgagor to transfer might operate as a release by 
 him, the liability to mesne incumbrancers would still continue. A 
 second or subsequent mortgagee might go into possession and be ousted 
 by a prior mortgagee. Therefore it is necessary to exclude a mortgagee 
 who has been in possession. 
 
 (3.) This section applies to mortgages made either 
 before or after the commencement of this Act, and shall 
 have effect notwithstanding any stipulation to the con- 
 trary. 
 
 In applying this and the two following sections it must be re- 
 membered that mortgagor includes any person deriving title under the 
 original mortgagor or entitled to redeem: s. 2 (vi.); Teevan v. Smith, 
 20 Ch. D. 724, 730. 
 
 The decisions cancelled by this section are Dunstan v. Patterson, 
 2 Ph. 345, and others referred to in Fisher, Mortg. 1005 (Z), (m), 
 2nd ed.; and Coote, Mortg. 735 (m), 4th ed. 
 
 The mode of enforcing the right given by this section will be (1) by 
 an action to redeem, in which the mortgagee will be directed to transfer 
 instead of reconveying, and on refusal there will be the same remedy as 
 on refusal to reconvey ; (2) in case of a sale, by payment of the amount 
 of the incumbrance into Court under s. 5, when on refusal to transfer a 
 vesting order can be made under that section. 
 
 The section is retrospective, to which there can be no objection. A 
 mortgagee is not injured by having to transfer on receiving his money. 
 Refusal can only be for the purpose of extorting something more, but 
 for this purpose a mortgagee would scarcely incur the liability of going 
 into possession, so as to protect himself under subs. 2 from transferring. 
 
 16.—(1.) A mortgagor, as long as his right to redeem 
 subsists, shall, by virtue of this Act, be entitled from 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 97 
 
 time to time, at reasonable times, on his request, and at 
 his own cost, and on payment of the mortgagee’s costs 
 and expenses in this behalf, to inspect and make copies 
 or abstracts of or extracts from the documents of title 
 relating to the mortgaged property in the custody or 
 power of the mortgagee. 
 
 (2.) This section applies only to mortgages made after 
 the commencement of this Act, and shall have effect 
 notwithstanding any stipulation to the contrary. 
 
 See observations, ante, on s. 5, and first n. to s. 15 (8). 
 
 As to the decisions rendered by this section inapplicable to mortgages 
 made after 1881, see Fisher, Mortg. 840, 2nd ed., and Coote, Mortg. 
 729, 4th ed. 
 
 Refusal to produce deeds may impose great hardship on a mortgagor by 
 preventing him from obtaining an advance to pay off the mortgage, and 
 leaving him powerless to prevent foreclosure. 
 
 17,.—(1.) A mortgagor seeking to redeem any one 
 mortgage, shall, by virtue of this Act, be entitled to do 
 so, without paying any money due under any separate 
 mortgage made by him, or by any person through whom 
 he claims, on property other than that comprised in the 
 mortgage which he seeks to redeem. 
 
 (2.) This section applies only if and as far as a contrary 
 intention is not expressed in the mortgage deeds or one 
 of them. | 
 
 (3.) This section applies only where the mortgages or 
 one of them are or is made after the commencement of 
 this Act. 
 
 As to the decisions affected by this section, see Fisher, Mortg. 678 et 
 seq. 2nd ed. ; Coote, Mortg. ch. 67, 4th ed. 
 
 The words ‘‘seeking to redeem” are general, and apply to the case 
 of a mortgagor or subsequent incumbrancer giving notice to pay off 
 as well as to the case of a redemption suit, or of a payment under 
 an order in a foreclosure suit. Thus in the absence of agreement to the 
 contrary, an equity of redemption arises in the mortgagor free from the 
 right to consolidate. He is put in the same position as if he were 
 another mortgagor, consequently the surplus proceeds of a sale (s. 21 (3) ) 
 under one security cannot be applied to make good the deficiency of 
 another security. | 
 
 Under this section consolidation of mortgages can only arise by 
 
 SS. 16, 17. 
 
 —_——_——_——_ 
 
 MORTGAGES. 
 
 inspect title 
 deeds. 
 
 Cases affected. 
 
 Restriction on 
 consolidation 
 of mortgages. 
 
 Cases affected. 
 
 Equity of 
 redemption 
 altered. 
 
 How consolida- 
 
SS. 17, 18 
 
 MORTGAGES. 
 
 tion may still 
 arise. 
 
 In what cases 
 there will be 
 no consolida- 
 tion. 
 
 Leases. 
 
 Leasing powers 
 of mortgagor 
 and of mort- 
 gagee in pos- 
 session. 
 
 58 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 express contract. It does not ‘in terms repeal any previously existing 
 rule of law, but it confers on the mortgagor a right in opposition to a 
 previously existing rule, and at the same time permits him to waive 
 that right by contract. The result, it is conceived, is to substitute 
 consolidation by contract of the parties in place of consolidation by 
 rules of equity, so that where a contract is ‘not effectual the right to 
 consolidate does not arise. he contract in effect gives, in certain cases, 
 a further charge on other property, and is effectual only where the 
 further charge would be effectual. Thus if A. purchase the equity 
 of redemption of two estates, each from a different vendor, each estate 
 being mortgaged to the same mortgagee, neither vendor was ever in 
 a position to give a further charge on the other estate to his mortgagee, 
 and there can be no consolidation of the two mortgages. 
 
 The effect of subs. 8 is to reserve to a mortgage made before the 
 commencement of the Act its old right in equity to become consoli- 
 dated with another mortgage, whatever may be the date of the latter. 
 In ordinary cases the mortgagee will be content to rely on the one 
 security taken by him as being sufficient, and will not reserve the 
 right to consolidate. In special cases, as loans to builders, where it is 
 intended to make numerous advances, the right to consolidate will be 
 reserved. Where the contract is for a single loan on specific property, 
 there can be no more obligation on the solicitor of the vendor to obtain 
 a further charge on other property contingent merely on its becoming 
 vested in his client as mortgagee, than to take a charge on all other 
 present and future property of the mortgagor. 
 
 Leases. 
 
 18,—(1.) A mortgagor of land while in possession 
 shall, as against every incumbrancer, have, by virtue of 
 this Act, power to make from time to time any such 
 lease of the mortgaged land, or any part thereof, as is in 
 this section described and authorized. 
 
 (2.) A mortgagee of land while in possession shall, as 
 against all prior incumbrancers, if any, and as against 
 the mortgagor, have, by virtue of this Act, power to 
 make from time to time any such lease as aforesaid. 
 
 The prior incumbrancers mentioned in this subs. are those be- 
 coming such after the commencement of the Act, but by agreement 
 incumbrancers who became such previously may be included (see 
 subs. 16). 
 
 (3.) The leases which this section authorizes are— 
 
 G.) An agricultural or occupation lease for any term 
 
 not exceeding twenty-one years; and 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 59 
 
 (ii.) A building lease for any term not exceeding 
 ninety-nine years. 
 
 See definition of building lease, s. 2 (x.) 
 
 A mining lease is not by this section directly authorized, as it 
 involves an abstraction of part of the security, but it can be authorized 
 by agreement (see subs. 14). 
 
 (4.) Every person making a lease under this section 
 may execute and do all assurances and things necessary 
 or proper in that behalf. 
 
 (5.) Every such lease shall be made to take effect in 
 possession not later than twelve months after its date. 
 
 (6.) Every such lease shall reserve the best rent that 
 can reasonably be obtained, regard being had to the 
 circumstances of the case, but without any fine being 
 taken. 
 
 (7.) Every such lease shall contain a covenant by the 
 lessee for payment of the rent, and a condition of re-entry 
 on the rent not being paid within a time therein specified 
 not exceeding thirty days. 
 
 (8.) A counterpart of every such lease shall be executed 
 
 by the lessee and delivered to the lessor, of which execu- 
 
 tion and delivery the execution of the lease by the lessor 
 shall, in favour of the lessee and all persons deriving 
 title under him, be sufficient evidence. 
 
 (9.) Every such building lease shall be made in con- 
 sideration of the lessee, or some person by whose direc- 
 tion the lease is granted, having erected, or agreeing to 
 erect within not more than five years from the date of 
 the lease, buildings, new or additional, or having im- 
 proved or repaired buildings, or agreeing to improve or 
 repair buildings within that time, or having executed, or 
 agreeing to execute, within that time, on the land leased, 
 an improvement for or in connexion with building 
 purposes. 
 
 (10.) In any such building lease a peppercorn rent, or 
 a nominal or other rent less than the rent ultimately 
 payable, may be made payable for the first five years, or 
 any less part of the term. 
 
 5.15. 
 
 MORTGAGES, 
 
 Leases, 
 
 As to mining 
 lease. 
 
S. 18. 
 
 MORTGAGES. 
 
 Leases. 
 
 Special provi- 
 sions allowed. 
 
 60 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 The time during which a peppercorn rent is payable can be shortened : 
 see subs. 13. 
 
 (11.) In case of a lease by the mortgagor, he shall, 
 within one month after making the lease, deliver to the 
 mortgagee, or, where there are more than one, to the 
 mortgagee first in priority, a counterpart of the lease 
 duly executed by the lessee; but the lessee shall not be 
 concerned to see that this provision is complied with. © 
 
 The penalty for omitting to deliver the counterpart is that the power 
 of sale becomes exercisable (see s. 20 (iii.) post.) The validity of the 
 lease is not affected. 
 
 (12.) A contract to make or accept a lease under this 
 section may be enforced by or against every person on 
 whom the lease if granted would be binding. 
 
 (13.) This section applies only if and as far as a con- 
 trary intention is not expressed by the mortgagor and 
 mortgagee in the mortgage deed, or otherwise in writing, 
 and shall have effect subject to the terms of the mort- 
 gage deed or of any such writing and to the provisions 
 therein contained. 
 
 A contrary intention (if any) will be expressed by the mortgagor 
 and mortgagee in the mortgage deed, whether the mortgagee executes 
 or not. The mere acceptance by him of the security binds him, as 
 in the ordinary case of an agreement not to call in the principal money 
 for a fixed term, or for reduction of interest. 
 
 (14.) Nothing in this Act shall prevent the mortgage 
 deed from reserving to or conferring on the mortgagor or 
 the mortgagee, or both, any further or other powers of 
 leasing or having reference to leasing; and any further 
 or other powers so reserved or conferred shall be exer- 
 ciseable, as far as may be, as if they were conferred by 
 this Act, and with all the like incidents, effects, and 
 consequences, unless a contrary intention is expressed in 
 the mortgage deed. 
 
 This subs. enables special provisions to be made as to leasing, and 
 leases made in accordance with such provisions will be in the same 
 position as leases authorized by this section. 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 61 
 
 (15.) Nothing in this Act shall be construed to enable 
 a mortgagor or mortgagee to make a lease for any longer 
 term or on any other conditions than such as could have 
 been granted or imposed by the mortgagor, with the 
 concurrence of all the incumbrancers, if this Act had not 
 been passed. | 
 
 (16.) This section applies only in case of a mortgage 
 made after the commencement of this Act; but the pro- 
 visions thereof, or any of them, may, by agreement in 
 writing made after the commencement of this Act, between 
 mortgagor and mortgagee, be applied to a mortgage made 
 before the commencement of this Act, so, nevertheless, 
 that any such agreement shall not prejudicially affect 
 any right or interest of any mortgagee not joining in or 
 adopting the agreement. 
 
 The subs. enables the provisions of this section to be applied in case 
 of mortgages made before 1881. 
 
 (17.) The provisions of this section referring to a lease 
 
 shall be construed to extend and apply, as far as circum- 
 
 stances admit, to any letting, and to an agreement, 
 whether in writing or not, for leasing or letting. 
 
 Subs. 17, extending the provisions of this section to agreements 
 whether in writing or not for leasing or letting, must be read in connec- 
 tion with the Statute of Frauds (29 Car. 2, c. 3), ss. 1, 2,and with 8 & 9 
 Vict. c. 106, s. 8, by the combined operation of which enactments a 
 lease for three years or less may be in writing or parol, but a lease for 
 more than three years must be by deed: see Woodfall, L. & T. 79, 116, 
 11th ed, 
 
 The effect of the words “so far as circumstances admit,” is that 
 subss. 7 and 8 as to covenant, condition of re-entry, and counterpart, 
 do not apply to a parol agreement, and subs. 7 as to covenant does not 
 apply to an agreement in writing, except that there ought to be the 
 nearest approach to a covenant, namely an agreement to pay rent. 
 
 This section removes serious difficulties in granting leases of mort- 
 gaged property (see Woodfall, L. & T. 48 e¢ seg. 11th ed.). 
 
 Power is given to the person in possession, whether owner or incum- 
 brancer, to grant, or contract to grant (subs. 12), leases of the kind 
 specified in subs. 2, conformable to the other provisions of this section. 
 These leases will be binding on all other persons interested, and will 
 confer a valid legal term, leaving a legal reversion in the mortgagee. 
 The rent and the benefit of the lessee’s covenants (see s. 10, ante) 
 
 ». 18. 
 
 ey 
 
 MORTGAGES. 
 
 Leases. 
 
 Parol agree- 
 ment. 
 
 Effect of leases 
 under this 
 section. 
 
S. 18. 
 
 ees 
 
 MORTGAGES. 
 
 Leases. 
 
 Right of 
 reversioner. 
 
 Effect of 
 excluding 
 operation of 
 s. 18. 
 
 As to nominal 
 rent on 
 building lease. 
 
 62 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 will become annexed to the actual legal reversion, and thus the owner 
 and incumbrancers will be in the same position as if they had all joined 
 in granting the lease. The actual legal reversioner will have the same 
 remedies as to recovery of rent, suing on covenants, and re-entry for 
 condition broken, and be in the same position as if he had granted the 
 term, and will be entitled to the counterpart under subs. 8 or 11 as 
 the case may be. ‘The lessee will also, to the extent of covenants or 
 clauses authorized by the mortgage deed to be inserted in the lease (see 
 subs. 14), have the same rights against the actual reversioner and 
 persons claiming under him as if he had made or joined in making the 
 lease (see s. 11, ante); but this section taken alone only authorizes the 
 simple lease, and does not authorize any covenant or provision imposing 
 liability on a mortgagor or mortgagee not a party to the lease. 
 
 If the mortgagor’s power to lease given by this section is excluded, 
 then under a lease made by the mortgagor after the mortgage, the mort- 
 gagee has no reversion, the covenants by the lessee are covenants in 
 gross, and cannot be sued upon by the mortgagee if he forecloses or 
 takes possession, nor by a purchaser from him if he sells, unless the 
 mortgagor joins in conveying: see Cuthbertson v. Irving, 6 H. & N. 185; 
 Morton v. Woods, L. R. 3 Q. B. 658, 4 ib. 293. The only remedy of the 
 mortgagee when he takes possession is to eject the lessee. Thisin most 
 cases is not desired, and is an inadequate remedy, especially in the case 
 of house property, where an essential part of the value of the reversion 
 consists in an available remedy against the tenant on the covenants to 
 paint, repair, deliver up in repair, &c. In the case of agricultural land 
 also, the covenants may be of importance if only to give the right to an 
 injunction. Also if the operation of the Act be excluded, acceptance 
 of rent by the mortgagee, or by a purchaser from him will constitute the 
 lessee simply tenant from year to year at Common Law, without refer- 
 ence to the terms of the lease, unless a special agreement be previously 
 made (Woodfall, L. & T. 49, 11th ed.), and in the case of agricultural 
 land, will bring into operation the Agricultural Holdings Act, which 
 renders necessary a year’s notice, expiring with a year of tenancy. 
 
 There is no objection to the allowance of a peppercorn rent for five 
 years on a building lease as depriving the mortgagee of rent for that 
 time. By contract under subs. 13 any less term may be fixed if 
 desired. Some risk of loss of rent must always be incurred in mort- 
 gages of building land. ‘The mortgagor may lease to a builder who can 
 destroy the land for all purposes except building and fail to complete 
 any buildings fit to let. If the lease or agreement be made under this 
 section, then, but not otherwise, the lessee can be sued and all the usual 
 stringent terms of a building agreement can be enforced. If any re- 
 striction is to be placed on the power of the mortgagor to lease under 
 this section, it should at most extend to prevent him from granting 
 leases without the consent in writing of the mortgagee. To exclude 
 altogether a power in the mortgagor to lease is certainly not for the 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 63 
 
 benefit of a mortgagee, whose security is materially improved by having 
 a tenant whom he can sue; at the same time the tenant is secured in 
 the enjoyment of his lease. The mortgagor must generally, to make 
 his property available, grant leases of some kind, and it is not ad- 
 visable to compel him to lease as equitable owner only. The power to 
 lease should be varied as required to suit each case, and not entirely 
 negatived. 
 
 Sale; Inswrance; Receiver ; Timber. 
 
 A conveyance by a mortgagee selling under the following power should, 
 as is customary in the case of powers given by deed, expressly refer to 
 the power. ‘This, however, is only necessary for the purpose of obtain- 
 ing the benefit of s. 21 (2), which (following Lord Cranworth’s Act, 
 s. 13) only exempts a purchaser from the consequences of an irregu- 
 larity when the sale is in professed exercise of the power of sale con- 
 ferred by this Act. 
 
 Where several mortgagees claim under one mortgage, though in 
 distinct sums, it is conceived that all must join in the exercise of the 
 power: see s. 2,(vi.), where “mortgage money” means money, i.e., 
 the whole money secured by the mortgage, and “ mortgagee” (which 
 includes the plural) must necessarily have a corresponding meaning ; 
 but in mortgages of that kind, and in all other special cases, express 
 provision should be made as to who is to exercise the power (see, for 
 this purpose, subss, 2 and 3 of s. 19). 
 
 19,—(1.) A mortgagee, where the mortgage is made 
 by deed, shall, by virtue of this Act, have the following 
 powers, to the like extent as if they had been in terms 
 conferred by the mortgage deed, but not further (namely) : 
 
 (i.) A power, when the mortgage money has become 
 due, to sell, or to concur with any other person 
 in selling, the mortgaged property, or any part 
 thereof, either subject to prior charges, or not, 
 and either together or in lots, by public auction 
 or by private contract, subject to such conditions 
 respecting title, or evidence of title, or other 
 matter, as he (the mortgagee) thinks fit, with 
 power to vary any contract for sale, and to buy 
 in at an auction, or to rescind any contract for 
 sale, and to re-sell, without being answerable for 
 any loss occasioned thereby ; and 
 
 SS. 18, 19. 
 
 _. 
 
 MORTGAGES. 
 
 Leases. 
 
 Sale; Insure 
 ance ; Receiver ; 
 Timber. 
 Sale should be 
 expressed to be 
 under this Act. 
 
 Several mort- 
 gages for 
 separate sums, 
 
 Powers in- 
 cident to estate 
 or interest of 
 mortgagee, 
 
64 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 S. 19. As to the duty of mortgagees where the mortgaged estate is sold 
 — with other property, see the analogous case of the sale of trust property, 
 MORTGAGES. note to s, 35, post. 
 
 Sale ; Insur- 
 ance ; Receiver; 
 
 (ii.) A power, at any time after the date of the mort-. 
 
 Timber. gage deed, to insure and keep insured against 
 Mort ae 
 Sea loss or damage by fire any building, or any 
 with oe effects or property of an insurable nature, 
 property. 
 
 whether affixed to the freehold or not, being or 
 forming part of the mortgaged property, and 
 the premiums paid for any such insurance shall 
 be a charge on the mortgaged property, in 
 addition to the mortgage money, and with the 
 same priority, and with interest at the same 
 rate, as the mortgage money ; and 
 
 Wissnamioree Under this subs. the mortgagee will be justified in insuring, unless 
 
 gagee may the mortgagor shews by delivering receipt for premium, or otherwise, 
 ADEE that a proper insurance is maintained. 
 
 (iii.) A power, when the mortgage money has become 
 due, to appoint a receiver of the income of the 
 mortgaged property, or of any part thereof; and 
 
 (iv.) A power, while the mortgagee is in possession, to 
 cut and sell timber and other trees ripe for 
 cutting, and not planted or left standing for 
 shelter or ornament, or to contract for any such 
 cutting and sale, to be completed within any 
 time not exceeding twelve months from the 
 making of the contract. 
 
 Procoadaiat The proceeds of the sale of timber will be rents and profits, and 
 timber. applied accordingly. 
 
 (2.) The provisions of this Act relating to the foregoing 
 powers, comprised either in this section, or in any subse- 
 quent section regulating the exercise of those powers, may 
 be varied or extended by the mortgage deed, and, as so 
 varied or extended, shall, as far as may be, operate in the 
 like manner and with all the like incidents, effects, and 
 consequences, as if such variations or extensions were 
 contained in this Act. 
 
 (3.) This section apphes only if and as far as a contrary 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 65 
 
 intention is not expressed in the mortgage deed, and 
 shall have effect subject to the terms of the mortgage 
 deed and to the provisions therein contained. 
 
 (4.) This section applies only where the mortgage 
 deed is executed after the commencement of this Act. 
 
 This section replaces Part U. of Lord Cranworth’s Act, 28 & 24 Vict. 
 c. 145, which is repealed (see second schedule to this Act, Part III.), 
 and gives the more complete and extensive powers now usually inserted 
 in mortgage deeds. Lord Cranworth’s Act only applied to heredita- 
 ments. This section applies to ‘‘ property” generally, which word 
 includes all real and personal estate, choses in action, and every right 
 or interest which is capable of being mortgaged: see s. 2 (i.) 
 
 The mortgage deed may extend or restrict the powers given by the 
 Act, and the extended or restricted powers have effect under subs, 2, 
 as if conferred by the Act. 
 
 20. A mortgagee shall not exercise the power of sale 
 
 conferred by this Act unless and until— 
 
 (i.) Notice requiring payment of the mortgage money 
 has been served on the mortgagor or one of 
 several mortgagors, and default has been made 
 in payment of the mortgage money, or of part 
 thereof, for three months after such service; or 
 
 As to giving notice, see s. 67. 
 
 Where a first mortgage contained a power of sale with a proviso that 
 the power should not be exercised without giving notice to the mort- 
 gagor or his assigns, the mortgagee having received notice of a second 
 mortgage was held liable in damages to the second mortgagee for not 
 giving him notice before selling (Hoole v. Smith, 17 Ch. D. 484), and 
 notice to the mortgagor alone was held insufficient, but it was not 
 decided whether notice to the second mortgagee alone would have been 
 sufficient. It is conceived that the mortgagor is not entitled to burden 
 his mortgagee with more than one notice, at least where it is to be 
 given to the mortgagor or his assigns. As “ mortgagor” includes ee 
 person entitled to redeem according to his estate, interest, or right in 
 the mortgaged property,” the expression “one of several mortgagors ” 
 means, it is conceived, “ one of the several persons entitled, &c., accord- 
 ing to his estate,” &c., and that it is sufficient if notice of sale be given 
 to the first subsequent incumbrancer who has given notice of his 
 security to the mortgagee who sells. 
 
 Where an immediate power of sale is desired without notice and 
 without the other restrictions in this section, the proper course will be 
 to agree that the mortgagee shall have the power of sale conferred by 
 
 F 
 
 SS. 19, 20. 
 
 MORTGAGES. 
 
 Sale; Insur- 
 ance ; Recewer ; 
 Timber. 
 
 Powers more 
 extensive 
 than in Lord 
 Cranworth’s 
 Act. 
 
 Regulation 
 of exercise of 
 power of sale. 
 
 Notice. 
 How and to 
 whom to be 
 given. 
 
 Mode of 
 excluding this 
 section, 
 
SS. 20, 21. 
 
 —E 
 
 MORTGAGES. 
 
 Sale; Insur- 
 ance; Recewer ; 
 Timber. 
 
 Month means 
 calendar 
 month. 
 
 Conveyance, 
 receipt, &c., on 
 sale. 
 
 Mode of exer- 
 cising power 
 of sale. 
 
 66 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 this Act, but without the restrictions on the exercise thereof imposed 
 by this section. 
 
 “ Month ” means calendar month: 13 & 14 Vict. c. 21; s. 4. Where 
 the months are broken the computation of a calendar month com- 
 mences from a given day in one month to the day with the correspond- 
 ing number in the ensuing month: Freeman v. Read, 11 W. R. 802, 
 
 (ii.) Some interest under the mortgage is in arrear and 
 unpaid for two months after becoming due; or 
 
 (iii.) There has been a breach of some provision con- 
 tained in the mortgage deed or in this Act, and 
 on the part of the mortgagor, or of some person 
 concurring in making the mortgage, to be ob- 
 served or performed, other than and besides a 
 covenant for payment of the mortgage money or 
 interest thereon. 
 
 Under this subs. the power of sale arises on breach of a provision 
 which the mortgagor ought to observe, as for instance, in a mortgage of 
 a life interest and policy of assurance, on a breach of the covenant as to 
 keeping the policy on foot. 
 
 21.—(1.) A mortgagee exercising the power of sale 
 conferred by this Act shall have power, by deed, to 
 convey the property sold, for such estate and interest 
 therein as is the subject of the mortgage, freed from all 
 estates, interests, and rights to which the mortgage has 
 priority, but subject to all estates, interests, and rights 
 which have priority to the mortgage; except that, in the 
 case of copyhold or customary land, the legal right to 
 admittance shall not pass by a deed under this section, 
 unless the deed is sufficient otherwise by law, or is 
 sufficient by custom, in that behalf. 
 
 Wnder this section the mortgagee will proceed exactly as under the 
 ordinary power of sale in a deed. He will convey the freeholds and 
 also any customary freeholds passing by deed and admittance, and also 
 his equity in copyholds by deed. As to copyholds passing by surrender 
 and admittance, if he has a surrender, or if the mortgage was made by 
 a tenant for life, or a person having the powers of a tenant for life, 
 under the Settled Land Act, 1882, s. 20, he will be admitted and 
 surrender to the purchaser. If he has no surrender and the mortgage 
 was not made under that Act, the legal estate must be obtained by 
 vesting order or otherwise as before the Act. 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 67 
 
 The power of sale given by s. 19 only arises where the mortgage is 
 by deed. Consequently a mere surrender of copyholds by way of mort- 
 gage confers no power to sell, and it may be a question whether a deed 
 containing a mere covenant to surrender would confer the power. In 
 order to give the power the deed should contain an express charge 
 (which is included in the expression “mortgage,” see s. 2 (vi.) ), and 
 also a declaration that the mortgagor holds the copyholds in trust for 
 the mortgagee, so as to enable a vesting order to be obtained if required. 
 
 A similar declaration of trust of a term in leaseholds should be con- 
 tained in a mortgage by demise. 
 
 Under the 15th section of Lord Cranworth’s Act (28 & 24 Vict. 
 c. 145) it has been held that a mortgagee by sub-demise of leaseholds 
 could assign the whole of the original term (Hiatt v. Hillman, 19 W. R. 
 694). It would seem to follow that he could defeat a second sub- 
 demise or an assignment by way of second mortgage, and that a person 
 having by deed a mere charge could convey the legal estate. A power 
 of this kind may now be obtained by means of an irrevocable power of 
 attorney under C. A. 1882, s. 8, which however ceases on the death of 
 the attorney. 
 
 (2.) Where a conveyance is made in professed exercise 
 of the power of sale conferred by this Act, the title of 
 the purchaser shall not be impeachable on the ground 
 that no case had arisen to authorize the sale, or that due 
 notice was not given, or that the power was otherwise 
 improperly or irregularly exercised; but any person 
 damnified by an unauthorized, or improper, or irregular 
 exercise of the power shall have his remedy in damages 
 against the person exercising the power. 
 
 This subs. will not protect a purchaser buying with actual know- 
 ledge that the requisite notice was not given: Parkinson v. Hanbury, 
 1 Dr. & Sm, 148. 
 
 (3.) The money which is received by the mortgagee, 
 arising from the sale, after discharge of prior incum- 
 brances to which the sale is not made subject, if any, or 
 after payment into Court under this Act of a sum to 
 meet any prior incumbrance, shall be held by him in 
 trust to be applied by him, first, in payment of all costs, 
 charges, and expenses, properly incurred by him, as 
 incident to the sale or any attempted sale, or otherwise ; 
 and secondly, in discharge of the mortgage money, 
 
 F 2 
 
 S. 21. 
 
 MORTGAGES, 
 
 Sale ; Insur- 
 ance ; Receiver ; 
 Timber. 
 
 Mere surrender 
 gives no power 
 to sell copy- 
 holds. 
 
 Declaration of 
 trust by mort- 
 gagor as to 
 copyholds. 
 And as to 
 leaseholds. 
 
 Power to con- 
 vey under Lord 
 Cranworth’s 
 Act. 
 
<> 
 
 praas 
 
 MoRrTGAGES. 
 
 Sale ; Insur- 
 ance ; Receiver ; 
 Timber. 
 
 As to paying 
 prior charges. 
 
 Surplus to 
 subsequent in- 
 cumbrancer. 
 As to payment 
 of surplus. 
 
 Payment 
 
 of prior 
 incumbrances. 
 Production of 
 deeds, 
 
 68 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 interest, and costs, and other money, if any, due under 
 the mortgage ; and the residue of the money so received 
 shall be paid to the person entitled to the mortgaged 
 property, or authorized to give receipts for the proceeds 
 of the sale thereof. 
 
 Under this subs. the mortgagee is authorized not merely to discharge 
 prior incumbrances, but to pay in the sum required under s. 5 to be 
 paid into Court to answer them. He can then sell free from incum- 
 brances. The last words of this subs. include a subsequent incum- 
 brancer (s. 22), to whom therefore a mortgagee may pay any surplus. 
 
 The mortgagee must, however, take care that he pays the residue to 
 the right person. ‘This is a liability which, as trustee of the residue 
 he cannot avoid, but in a doubtful case he can pay the money into 
 Court: see Roberts v. Ball, 24 L. J. (Ch.) 471; Morg. Ch. Orders, 65 (0), 
 5th ed. 
 
 (4.) The power of sale conferred by this Act may be 
 exercised by any person for the time being entitled to 
 receive and give a discharge for the mortgage money. 
 
 (5.) The power of sale conferred by this Act shall not 
 affect the right of foreclosure. 
 
 (6.) The mortgagee, his executors, administrators, or 
 assigns, Shall not be answerable for any involuntary loss 
 happening in or about the exercise or execution of the 
 power of sale conferred by this Act or of any trust con- 
 nected therewith. | 
 
 (7.) At any time after the power of sale conferred by 
 this Act has become exerciseable, the person entitled to 
 exercise the same may demand and recover from any 
 person, other than a person having in the mortgaged 
 property an estate, interest, or right in priority to the 
 mortgage, all the deeds and documents relating to the 
 property, or to the title thereto, which a purchaser under 
 the power of sale would be entitled to demand and 
 recover from him. 
 
 A mortgagee exercising his power of sale can, under s. 5, pay into 
 Court the amount required to answer prior incumbrances. On a sale by 
 a second or subsequent mortgagee, being a person entitled to redeem 
 (see definition of mortgagor, s. 2, (vi.)), he can, as against a prior mort- 
 gagee, under deed subsequent to 1881, obtain production of the title 
 deeds so as to shew the title; and having made the proper payments 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 69 
 
 under s. 5 to answer all prior incumbrancers, he is entitled under this 
 subs. to recover the title deeds from the first mortgagee, who would 
 then be a bare trustee of the legal estate. 
 
 22.—(1.) The receipt in writing of a mortgagee shall 
 be a sufficient discharge for any money arising under the 
 power of sale conferred by this Act, or for any money or 
 securities comprised in his mortgage, or arising there- 
 under; and a person paying or transferring the same to 
 the mortgagee shall not be concerned to inquire whether 
 any money remains due under the mortgage. 
 
 The receipt of the mortgagee is a complete protection to a bond fide 
 
 purchaser without notice, even though the security should prove to 
 have been satisfied (Dicker v. Angerstein, 3 Ch. D. 600). 
 
 (2.) Money received by a mortgagee under his mort- 
 gage or from the proceeds of securities comprised in his 
 mortgage shall be applied in like manner as in this Act 
 directed respecting money received by him arising from 
 a sale under the power of sale conferred by this Act ; but 
 with this variation, that the costs, charges, and expenses 
 payable shall include the costs, charges, and expenses 
 properly incurred of recovering and receiving the money 
 or securities, and of conversion of securities into money, 
 instead of those incident to sale. 
 
 This section enables a mortgagee to give a discharge, not only for 
 money arising by sale, but also for money or securities assigned by the 
 mortgage or arising thereunder; for instance, to give a receipt for the 
 surplus on a sale by a prior mortgagee, or in case of a mortgage of a 
 policy or of a reversionary interest in stock, to give a receipt for the 
 policy money or for the stock, and to apply the money in discharge of 
 the debt and costs, and in the case of the stock, to sell the stock for 
 that purpose. 
 
 23.—(1.) The amount of an insurance effected by a 
 mortgagee against loss or damage by fire under the 
 power in that behalf conferred by this Act shall not 
 exceed the amount specified in the mortgage deed, or, 
 if no amount is therein specified, then shall not exceed 
 two third parts of the amount that would be required, 
 in case of total destruction, to restore the property 
 insured. 
 
 SS. 21, 22, 23. 
 
 MORTGAGES. 
 
 Sale; Insur- 
 ance ; Receiver ; 
 Timber. 
 
 Recovering 
 deeds. 
 Mortgagee’s 
 receipts, dis- 
 charges, &c. 
 
 Mortgagee’s 
 receipt valid 
 though secu: 
 rity satisfied 
 
 Mortgagee’s 
 receipt for 
 surplus sale 
 money and 
 securities, 
 
 Amount and 
 application of 
 insurance 
 money. 
 
SS. 23 24. 
 
 MorTGAGES, 
 Sale; Insur- 
 ance; Receiver ; 
 Timber. 
 
 When insur- 
 ance money to 
 be expended on 
 reinstating. 
 
 Appointment, 
 powers, 
 remuneration, 
 and duties of 
 receiver, 
 
 70 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 (2.) An insurance shall not, under the power conferred 
 by this Act, be effected by a mortgagee in any of the 
 following cases (namely) : 
 
 (i.) Where there is a declaration in the mortgage deed 
 
 that no insurance is required : 
 
 (ii.) Where an insurance is kept up by or on behalf of 
 the mortgagor in accordance with the mortgage 
 deed : 
 
 (iii.) Where the mortgage deed contains no stipula- 
 tion respecting insurance, and an insurance is 
 kept up by or on behalf of the mortgagor, to 
 the amount in which the mortgagee is by this 
 Act authorized to insure. 
 
 (3.) All money received on an insurance effected under 
 the mortgage deed or under this Act shall, if the mort- 
 gagee so requires, be applied by the mortgagor in making 
 good the loss or damage in respect of which the money is 
 received. 
 
 (4.) Without prejudice to any obligation to the con- 
 trary imposed by law, or by special contract, a mortgagee 
 may require that all money received on an insurance be 
 applied in or towards discharge of the money due under 
 his mortgage. 
 
 Under 14 Geo. 3, c. 78, s. 83, insurance money on houses and build- 
 ings must at the request of any person interested, or may in cases of 
 suspicion, be applied in reinstating them: see Hx parte Gorely, 4 D.J. 
 & 8. 477, 
 
 24.—(1.) A mortgagee entitled to appoint a receiver 
 under the power in that behalf conferred by this Act 
 shall not appoint a receiver until he has become entitled 
 to exercise the power of sale conferred by this Act, but 
 may then, by writing under his hand, appoint such person 
 as he thinks fit to be receiver. 
 
 (2.) The receiver shall be deemed to be the agent of 
 the mortgagor ; and the mortgagor shall be solely respon- 
 sible for the receiver’s acts or defaults, unless the mort- 
 gage deed otherwise provides. | 
 
 (3.) The receiver shall have power to demand and 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 71 
 
 recover all the income of the property of which he is 
 appointed receiver, by action, distress, or otherwise, in 
 the name either of the mortgagor or of the mortgagee, 
 to the full extent of the estate or interest which the 
 mortgagor could dispose of, and to give effectual 
 receipts, accordingly, for the same. 
 
 Under this subs. the receiver acts subject to the rights of any prior 
 mortgagee and to the powers of his receiver (see n. to subs. 8, post.) 
 
 (4.) A person paying money to the receiver shall not 
 be concerned to inquire whether any case has happened 
 to authorize the receiver to act. 
 
 (5.) The receiver may be removed, and a new receiver 
 may be appointed, from time to time by the mortgagee 
 by writing under his hand. 
 
 (6.) The receiver shall be entitled to retain out of any 
 money received by him, for his remuneration, and in 
 satisfaction of all costs, charges, and expenses incurred 
 by him as receiver, a commission at such rate, not ex- 
 ceeding five per centum on the gross amount of all 
 money received, as is specified in his appointment, and if 
 no rate is so specified, then at the rate of five per centum 
 on that gross amount, or at such higher rate as the Court 
 thinks fit to allow, on application made by him for that 
 purpose. 
 
 (7.) The receiver shall, if so directed in writing by the 
 mortgagee, insure and keep insured against loss or 
 damage by fire, out of the money received by him, any 
 building, effects, or property comprised in the mortgage, 
 whether affixed to the freehold or not, being of an insur- 
 able nature. 
 
 (8.) The receiver shall apply all money received by 
 him as follows (namely): 
 
 (i.) In discharge of all rents, taxes, rates, and out- 
 goings whatever affecting the mortgaged pro- 
 perty ; and 
 
 (ii.) In keeping down all annual sums or other pay- 
 ments, and the interest on all principal sums, 
 
 S. 24. 
 
 MORTGAGES. 
 
 Sale ; Insur- 
 ance ; Receiver ; 
 Timber. 
 
SS. 24, 25. 
 
 MORTGAGES. 
 
 Sale ; Insur- 
 ance; Receiver ; 
 Timber. 
 
 Position of a 
 receiver. 
 
 Power to 
 appoint, how 
 proved, 
 
 Repairs by 
 
 receiver. 
 
 Action respect=- 
 ing mortgage. 
 Sale of mort- 
 gaged property 
 in action for 
 foreclosure, &c. 
 
 72 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 having priority to the mortgage in right whereof 
 he is receiver; and 
 (iii.) In payment of his commission, and of the pre- 
 miums on fire, life, or other insurances, if any, 
 properly payable under the mortgage deed or 
 under this Act, and the cost of executing 
 necessary or proper repairs directed 1 in writing 
 by the mortgagee; and 
 (iv.) In payment of the interest accruing due in 
 respect of any principal money due under the 
 mortgage ; 
 and shall pay the residue of the money received by him 
 to the person who, but for the possession of the receiver, 
 would have been entitled to receive the income of the 
 mortgaged property, or who is otherwise entitled to that 
 property. 
 
 The power to appoint a receiver is by s. 19 given to the mortgagee to the 
 like extent as if in terms conferred by the mortgage deed. The receiver of 
 a second or subsequent mortgagee will therefore (see subs. 3 of this s.) 
 be liable to be superseded by the receiver of a prior mortgagee when 
 appointed, but the receiver for the time being, whether under a first or 
 any subsequent mortgage, will, it is conceived, have under subss. 3 
 and 4 power to recover and give a legal discharge for rent. To prove 
 that the person appointing the receiver is actually a mortgagee, the 
 mortgage deed must be produced. Where it is desired to avoid this, a 
 counterpart of the mortgage may be taken, As mortgage deeds will 
 in future be short, the cost of a counterpart will be much less than 
 that of the old receivership deed. 
 
 Any necessary or proper repairs which a mortgagee could not himself 
 make, unless expressly authorized, without incurring the liability of a 
 mortgagee in possession, may be made by the receiver, if directed in 
 writing by the mortgagee under subs. 8 (iii). 
 
 Action respecting Mortgage. 
 
 29.—(1.) Any person entitled to redeem mortgaged 
 property may have a judgment or order for sale instead 
 of for redemption in an action brought by him either 
 for redemption alone, or for sale alone, or for sale or 
 redemption, in the alternative. 
 
 (2.) In any action, whether for foreclosure, or for 
 redemption, or for sale, or for the raising and payment 
 
 — 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 73 
 
 in any manner of mortgage money, the Court, on the 
 request of the mortgagee, or of any person interested 
 either in the mortgage money or in the right of re- 
 demption, and notwithstanding the dissent of any other 
 person, and notwithstanding that the mortgagee or any 
 person so interested does not appear in the action, and 
 without allowing any time for redemption or for payment 
 of any mortgage money, may, if it thinks fit, direct a 
 sale of the mortgaged property, on such terms as it 
 thinks fit, including, if it thinks fit, the deposit in 
 Court of a reasonable sum fixed by the Court, to meet 
 the expenses of sale and to secure performance of the 
 terms. 
 
 For an order under this subs., see Weston v. Davidson, W. N. 1882, 
 p..28. 
 
 (3.) But, in an action brought by a person interested 
 in the right of redemption ind seeking a sale, the Court 
 may, on the application vu’ any defendant, direct the 
 plaintiff to give such security for costs as the Court 
 thinks fit, and may give the conduct of the sale to any 
 defendant, and may give such directions as it thinks fit 
 respecting the costs of the defendants or any of them. 
 
 (4.) In any case within this section the Court may, if 
 it thinks fit, direct a sale without previously determining 
 the priorities of incumbrancers. 
 
 (5.) This section applies to actions brought either 
 before or after the commencement of this Act. 
 
 (6.) The enactment described in Part II. of the Second 
 Schedule to this Act is hereby repealed. 
 
 (7.) This section does not extend to Ireland. 
 
 As to this section, see observations on s. 5, ante. 
 
 The result of decisions (see Morgan’s Chancery Acts, 196, 197, 5th 
 ed.) was to give a very limited operation to the 48th section of 15 & 16 
 Vict. c. 86, now repeaied (see second schedule, Part II.), and replaced 
 by this section. 
 
 An order for sale may be made under this section in a foreclosure or 
 redemption action at any time before the action is concluded by a fore- 
 closure absolute: Union Bank of Lendon v. Ingram, 20 Ch. D. 463 ; 
 and the order may be made on an interlocutory application before the 
 trial of the action: Woolley v. Colman, 21 1b. 169. 
 
 S. 25. 
 
 MORTGAGES. 
 
 Action respect- 
 ing Mortgage. 
 
 15 & 16 Vict. 
 c. 86, s. 48. 
 
 Former law as 
 to judgment 
 for sale, 
 
 Orders for sale 
 under this s. 
 
SS. 25, 26. 
 
 MORTGAGES. 
 
 Action respect- 
 ing Mortgaye. 
 
 Course where 
 sale asked by 
 mortgagee or 
 mortgagor. 
 
 STATUTORY 
 MORTGAGE, 
 
 Form of 
 statutory 
 mortgage in 
 schedule. 
 
 74 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 An order for sale need no longer direct the sale to be made, as has 
 been the practice before this Act (see Seton on Decrees, pp. 1896, 802, 
 4th ed.), subject to the incumbrances of such of the incumbrancers 
 as do not consent. The sum to meet their charges will be paid into 
 Court under s. 5,and any whose charges cannot be so provided for must, 
 be made parties, 
 
 The owner of, or any incumbrancer on, an incumbered estate can 
 under this section bring an action for sale and application of the pro- 
 ceeds (see note to s. 5, ante), but before commencing an action for 
 redemption or sale he should be certain that he can provide the requisite 
 deposit or security for costs, otherwise he may find himself foreclosed. 
 
 If the mortgagee asks for a sale under this section, the course of pro- 
 ceeding will be much the same as before the Act in a similar case. If 
 the mortgagor asks for a sale instead of being foreclosed as defendant, vr 
 bound to redeem as plaintiff, the course of proceeding is new. In 
 Woolley v. Colman, 21 Ch. D. 169, an assignee of the equity of redemp- 
 tion was plaintiff, the property being subject to several mortgages. A 
 sale was directed at a reserve price sufficient to pay the two first mort- 
 gagees, who opposed a sale, and with the assent of the subsequent 
 mortgagees the conduct of the sale was given to the mortgagor, who 
 was ordered to give security for the costs of it. The sale was allowed 
 to be made out of Court, but the proceeds were directed to be paid into 
 Court. In Wade v. Wilson (W. N. 1882, p. 184) a foreclosure action, 
 in which one of the defendants, the mortgagor, did not appear, and the 
 other, the second mortgagee, made default in pleading, the usual 
 account was directed, and then a sale of a sufficient part of the property 
 to pay the amount found due. 
 
 V.—STATUTORY MORTGAGE. 
 
 26.—(1.) A mortgage of freehold or leasehold land 
 may be made by a deed expressed to be made by way of 
 statutory mortgage, being in the form given in Part I. 
 of the Third Schedule to this Act, with such variations 
 and additions, if any, as circumstances may require, and 
 the provisions of this section shall apply thereto. 
 
 (2.) There shall be deemed to be included, and there 
 shall by virtue of this Act be implied, in the mortgage 
 deed— 
 
 First, a covenant with the mortgagee by the person 
 expressed therein to convey as mortgagor to the effect 
 following (namely) : 
 
 That the mortgagor will, on the stated day, pay to the 
 
 mortgagee the stated mortgage money, with interest 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 75 
 
 thereon in the meantime, at the stated rate, and will 
 thereafter, if and as long as the mortgage money or 
 any part thereof remains unpaid, pay to the mort- 
 gagee interest thereon, or on the unpaid part thereof, 
 at the stated rate, by equal half-yearly payments, 
 the first thereof to be made at the end of six calendar 
 months from the day stated for payment of the 
 mortgage money. 
 Secondly, a proviso to the effect following (namely) : 
 That if the mortgagor, on the stated day, pays to the 
 mortgagee the stated mortgage money, with interest 
 thereon in the meantime, at the stated rate, the 
 mortgagee at any time thereafter, at the request and 
 cost of the mortgagor, shall re-convey the mortgaged 
 property to the mortgagor, or as he shall direct. 
 27.—(1.). A transfer of a statutory mortgage may be 
 made by adeed expressed to be made by way of statutory 
 transfer of mortgage, being in such one of the three forms 
 (A.) and (B.) and (C.) given in Part II. of the Third 
 Schedule to this Act as may be appropriate to the case, 
 with such variations and additions, if any, as circum- 
 stances may require, and the provisions of this section 
 shall apply thereto. 
 (2.) In whichever of those three forms the deed of 
 transfer is made, it shall have effect as follows (namely): 
 (i.) There shall become vested in the person to whom 
 the benefit of the mortgage is expressed to be transferred, 
 who, with his executors, administrators and assigns, is 
 hereafter in this section designated the transferee, the 
 right to demand, sue for, recover, and give receipts for 
 the mortgage money, or the unpaid part thereof, and the 
 interest then due, if any, and thenceforth to become due 
 thereon, and the benefit of all securities for the same, 
 and the benefit of and the nght to sue on all covenants 
 with the mortgagee, and the right to exercise all powers 
 of the mortgagee : 
 (ii.) All the estate and interest, subject to redemption, 
 of the mortgagee in the mortgaged land shall vest in the 
 transferee, subject to redemption. 
 
 SS. 26, 27. 
 STATUTORY 
 MORTGAGE. 
 
 Forms of 
 statutory 
 transfer of 
 mortgage in 
 schedule, 
 
76 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 SS. 27, 28. (3.) If the deed of transfer is made in the form (B.), 
 Srarutory there shall also be deemed to be included, and there 
 Morreace. shall by virtue of this Act be implied therein, a covenant 
 ray with the transferee by the person expressed to join 
 therein as covenantor to the effect following (namely) : 
 That the covenantor will, on the next of the days by 
 the mortgage deed fixed for payment of interest, 
 pay to the transferee the stated mortgage money, 
 or so much thereof as then remains unpaid, with 
 interest thereon, or on the unpaid part thereof, in 
 the meantime, at the rate stated in the mortgage 
 deed; and will thereafter, as long as the mortgage 
 money, or any part thereof, remains unpaid, pay to 
 the transferee interest on that sum, or the unpaid 
 part thereof, at the same rate, on the successive days 
 by the mortgage deed fixed for payment of interest. 
 (4.) If the deed of transfer is made in the form (C.), 
 it shall, by virtue of this Act, operate not only as a 
 statutory transfer of mortgage, but also as a statutory 
 mortgage, and the provisions of this section shall have 
 effect in relation thereto, accordingly; but it shall not 
 be liable to any increased stamp duty by reason only of 
 its being designated a mortgage. 
 
 A. transfer of a mortgage, although further security is given, is only 
 chargable with duty as a transfer (33 & 34 Vict. c. 97, s. 109; Wale 
 v. Commissioners of Inland Rev., 4 Ex. D. 270). 
 
 Implied 28. In a deed of statutory mortgage, or of statutory 
 covenants, , . . 
 Tanta transfer of mortgage, where more persons than one are 
 several, expressed to convey as mortgagors, or to JolIn as cove- 
 
 nantors, the implied covenant on their part shall be 
 deemed to be a joint and several covenant by them ; 
 and where there are more mortgagees or more trans- 
 ferees than one, the implied covenant with them shall 
 be deemed to be a covenant with them jointly, unless 
 the amount secured is expressed to be secured to them in 
 shares or distinct sums, in which latter case the implied 
 covenant with them shall be deemed to be a covenant 
 with each severally in respect to the share or distinct 
 sum secured to him. 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 77 
 
 29. A re-conveyance of a statutory mortgage may be 
 made by a deed expressed to be made by way of statutory 
 re-conveyance of mortgage, being in the form given in 
 Part III. of the Third Schedule to this Act, with such 
 variations and additions, if any, as circumstances may 
 require. 
 
 The object of ss. 26-29 is to enable mortgages, transfers of mortgage, 
 and reconveyances to be made in very short forms. ‘I'he forms are 
 given in the third schedule. They do not readily admit of much altera- 
 
 tion, and will probably be used only in quite simple cases, where proper 
 legal advice is dispensed with. 
 
 VI.—Trust anp MortGaGce ESTATES ON DEATH. 
 
 30.—(1.) Where an estate or interest of inheritance, 
 or limited to the heir as special occupant, in any tene- 
 ments or hereditaments, corporeal or incorporeal, is vested 
 on any trust, or by way of mortgage, in any person solely, 
 the same shall, on his death, notwithstanding any testa- 
 mentary disposition, devolve to and become vested in his 
 personal representatives or representative from time to 
 time, in like manner as if the same were a chattel real 
 vesting in them or him; and accordingly all the like 
 powers, for one only of several joint personal represen- 
 tatives, as well as for a single personal representative, 
 and for all the personal representatives together, to 
 dispose of and otherwise deal with the same, shall belong 
 to the deceased’s personal representatives or represen- 
 tative from time to time, with all the like incidents, 
 but subject to all the like rights, equities, and obliga- 
 tions, as if the same were a chattel real vesting in them 
 or him; and, for the purposes of this section, the per- 
 sonal representatives, for the time being, of the deceased, 
 shall be deemed in law his heirs and assigns, within 
 the meaning of all trusts and powers. 
 
 (2.) Section four of the Vendor and Purchaser Act, 
 1874, and section forty-eight of the Land Transfer Act, 
 1875, are hereby repealed. 
 
 _(8.) This section, including the repeals therein, apples 
 
 SS. 29, 30. 
 
 STATUTORY 
 MORTGAGE. 
 
 Form of re- 
 conveyance of 
 statutory 
 mortgage in 
 schedule. 
 
 TRUST AND 
 
 MORTGAGE 
 
 ESTATES ON 
 DEATH. 
 
 Devolution of 
 trust and 
 mortgage 
 estates on 
 
 death. 
 
 37 & 38 Vict. 
 Coos 
 38 & 39 Vict. 
 Cs, tof 
 
S. 30, 
 
 TRUST AND 
 
 MORTGAGE 
 
 ESTATES ON 
 DEATH, 
 
 Copyholds 
 included. 
 
 Also a personal 
 inheritance. 
 
 No question as 
 to assent 
 arises. 
 
 Heir excluded 
 as trustee. 
 
 Devise of trust. 
 estates no 
 longer proper. 
 
 Title to free- 
 hold trust 
 estate same as 
 leasehold. 
 
 Trust estate 
 must still be 
 limited to 
 
 “heirs,” &e. 
 
 When vendor 
 trustee for 
 purchaser. - 
 
 Cases affected. 
 
 78 ‘CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 only in cases of death after the commencement of this 
 
 Act. 
 
 This section includes copyholds which are “an estate or interest of 
 inheritance ” in “ tenements,” and operates to constitute the executor 
 or administrator devisee of trust and mortgage estates. Whether as 
 to any particular land he is such devisee will be shewn in the same 
 manner as if there were an actual devise. 
 
 The word “hereditaments” includes, more clearly than the word 
 “land,” a personal inheritance, as an annuity to one “and his heirs.” 
 (See Co. Lit. 2a, 20a; Stafford v. Buckley, 2 Ves. Sen. 170; Holder- 
 nesse v. Carmarthen, 1 Brown, C. C. 877.) Such annuities are some- 
 times granted by corporations (Manchester, for instance) charged on 
 the borough fund. 
 
 No question as to assent by an executor arises under this section. 
 He is put in the position of devisee, and cannot properly convey a. trust 
 estate except to a duly appointed trustee ; nor does an executor generally 
 assent to a bequest of leaseholds held in trust, as he only assigns them 
 to a duly appointed trustee; nor to a bequest of leaseholds in mortgage, 
 as he retains the legal estate in order to get in and receive the money. 
 
 The constitution of the personal representative to be trustee of course 
 excludes the heir from being trustee, just as a devise would exclude 
 him. 
 
 It will now be unnecessary, and also useless, to make any devise of 
 trust or mortgage estates. Their devolution is assimilated in all respects 
 to the devolution of a term of years, which must pass to the personal 
 representative. Notwithstanding any devise, the personal representa- 
 tive is the person to convey, and is in all cases the “ heir” and “assign ” 
 for the purpose of exercising all trusts and powers. 
 
 On the death of a personal representative a new representative must 
 be constituted just as in case of personalty. Then if the executor of 
 a trustee or mortgagee die and there is no executor to his estate, letters 
 of administration must be taken out to the trustee or mortgagee. The 
 title to a freehold trust or mortgage estate will in fact be made exactly 
 in the same way if it had been a term of years held in trust or 
 mortgage. 
 
 Though a trust or mortgage estate now passes to the personal repre- 
 sentative it must still be conveyed to the trustees or mortgagees “ and 
 their heirs,” or “in fee simple” (see s. 51), in order to give them the 
 fee simple. 
 
 Where there is a valid contract binding on both vendor and pur- 
 chaser, and at the vendor’s death, either he has made out his title 
 according to the contract, or the purchaser has accepted the title how- 
 ever bad, the vendor is a trustee for the purchaser (Lysaght v. Edwards, 
 2 Ch. D. 506, 507), and this section applies. 
 
 This section renders obsolete, as regards persons dying after 1881, 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 79 
 
 all the decisions as to what words pass trust and mortgage estates, 
 and as to whether the trusteeship passes to the devisees of trust estates, 
 discussed in 1 Jarm. Wills, p. 709 e¢ seq. 4th ed. If a testator wishes 
 that his trust estates should go to particular persons, he can appoint 
 them executors for that special purpose: see Wms. Exors. 387, 8th ed. 
 
 As to the sect. of the Land Transfer Act, 1875, repealed by this 
 sect., see note to V. & P. A. s. 5, ante. 
 
 VII.—TRusTEES AND EXECUTORS. 
 
 The following is a summary of the powers conferred on trustees by 
 the C. A., and the provisions relating to trustees and trust estates con- 
 tained in that Act, the V. & P. A., and the C. A., 1882. 
 
 Trustees 
 
 (i.) May under a trust or power of sale, sell, or concur in selling, by 
 
 auction or private contract, together or in lots, &c.: C. A. s. 35; 
 
 (ii.) May as vendors or purchasers adopt the conditions implied in 
 the C..A. (see s. 66 of that Act), or in s. 2 of the V.& P. A. 
 (see s. 3 of that Act) ; 
 
 (iii.) May give receipts: OC. A. s. 36; 
 
 (iii.) is retrospective, (i.) and (ii.) are not, and apply so far as a 
 contrary intention is not expressed in the instrument of trust ; 
 
 (iv.) May manage land of an infant, but in case of a female only 
 while sheis unmarried, apply income thereof for maintenance 
 education, or benefit, and accumulate surplus: C. A. s. 42; 
 
 (v.) May apply in like manner the income of any property in which 
 any. infant is interested: C. A. s. 43; 
 
 (iv.) and (v.) apply only so far as a contrary intention is not expressed 
 in the instrument under which the infant’s interest arises; (v.) is 
 retrospective, (iv.) is not. 
 
 (vi.) Trustees or an executor (but not an administrator), may com- 
 pound and compromise, and an executor may pay or allow 
 any debt or claim: C. A. s. 87; 
 
 (vii.) Powers or trusts given to executors or trustees are exercisable 
 
 by the survivors or survivor: C. A. s. 88. 
 
 (vi.) Is retrospective, (vii.) is not; (vi.) in regard to trustees, and 
 (vii.) in regard to executors or trustees, apply only if a contrary inten- 
 tion is not expressed in the instrument of trust. 
 
 (viii.) A married woman being a bare trustee of freeholds or copy- 
 
 holds may convey or surrender them as a feme sole: 
 Vier BP. Ans. 6. 
 
 The C. A. contains also provisions : 
 
 (ix.) For the appointment of new trustees with power to increase 
 the number but without any obligation to appoint more 
 than one where only one was originally appointed or to fill 
 up the original number where more than two were origi- 
 nally appointed :. s, 31. 
 
 57130; 
 TRUST AND 
 MORTGAGE 
 ESTATES ON 
 
 DEATH. 
 
 TRUSTEES AND 
 EXECUTORS. 
 
 Powers of 
 trustees. 
 
 Powers of 
 executors. 
 
SS. 30, 31. 
 TRUSTEES AND 
 EXECUTORS. 
 
 Where peti- 
 tions now 
 unnecessary. 
 
 Appointment 
 of new trustees, 
 vesting of trust 
 property, &c. 
 
 A disclaiming 
 trustee is a 
 refusing 
 trustee, 
 
 8) CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 (x.) For the retirement of a trustee without appointing a successor : 
 8. 323 
 (xi.) For giving trustees appointed by the Court the powers of 
 original trustees: s. 33; 
 (xii.) For vesting the trust property on the appointment of a new 
 trustee, or the retirement of a trustee under (x.): s. 34, 
 with the exceptions mentioned in subs. 3; 
 (xiii.) For the devolution of the trust estate on the personal represen- 
 tatives of a sole trustee dying after 1881, notwithstanding 
 his will: s. 380; 
 
 The C. A., 1882, s. 5, provides 
 
 (xiv.) For the appointment of separate sets of trustees. 
 
 (ix.) to (xi.) and (xiv.) are retrospective ; (xii.) applies only to deeds 
 appointing new trustees or authorizing retirement under s. 32, executed 
 after 1881; (xiii.) is not retrospective. 
 
 Petitions for the appointment of new trustees ought not to be pre- 
 seated where the power given by the following section can be exercised : 
 In re Gibbon’s Trusts, W. N. 1882, p. 12. 
 
 31,—(1.) Where a trustee, either original or substi- 
 tuted, and whether appointed by a Court or otherwise, is 
 dead, or remains out of the United Kingdom for more 
 than twelve months, or desires to be discharged from the 
 trusts or powers reposed in or conferred on him, or refuses 
 or is unfit to act therein, or is incapable of acting therein, 
 then the person or persons nominated for this purpose by 
 the instrument, if any, creating the trust, or if there is no 
 such person, or no such person able and willing to act, 
 then the surviving or continuing trustees or trustee for 
 the time being, or the personal representatives of the last 
 surviving or continuing trustee, may, by writing, appoint 
 another person or other persons to be a trustee or trustees 
 in the place of the trustee dead, remaining out of the 
 United Kingdom, desiring to be discharged, refusing or 
 being unfit, or being incapable, as aforesaid. 
 
 This section includes the case of disclaimer. After disclaimer, which 
 relates back, the person disclaiming is considered as never having been 
 a trustee, but. up to the time of disclaimer the trust estate remains 
 vested in him, otherwise there would be nothing to disclaim. The 
 estate being vested in him on trust at the moment of disclaimer, he 
 necessarily is then a trustee, and is a trustee who refuses. The estate 
 
 passes to him without any express assent, but subject to the right of 
 dissenting: see Lewin, 176, 6th ed.; Smith v. Wheeler, 1 Vent. 128 ; 
 
 . > 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 81 
 
 Siggers v. Evans, 5 Ell. & Bl. 367, 382. In D’Adhemar v. Bertrand, 
 35 Beay. 19, it was assumed that a disclaiming trustee was included in 
 the words “ trustee who shall refuse to act” under Lord Cranworth’s 
 Act, s. 27; see also Lewin, 541, 6th ed. A bankrupt trustee is a 
 trustee unfit to act: Re Barker’s Trusts, 1 Ch. D. 48. He is bound to 
 retire if requested, and may be removed under s. 117 of the Bankruptcy 
 Act, 1869: Re Adams’ Trust, 12 Ch. D. 634; and a new trustee may 
 be appointed in his place under this section: Re Gibbons’ Trust, W. N. 
 1882, p. 12. 
 
 If the power to appoint new trustees given by a settlement does not 
 extend to all the cases provided for by this section, if for instance it 
 does not apply where a trustee remains out of the United Kingdom for 
 more than twelve months, then in the omitted cases there is not any 
 ‘person or persons nominated for the purpose by the instrument 
 creating the trust,” and the appointment should be made under this 
 section by the surviving or continuing trustees or trustee, or the personal 
 representatives of the last surviving or continuing trustee. This holds 
 good whether the settlement be made before or after the commence- 
 ment of this Act. In settlements made since Lord Cranworth’s Act, 
 the form of the power will generally be “that A. B. shall have power 
 to appoint new trustees” without specifying in what cases. Under 
 this form, the power being unlimited, A. B. will be the “ person 
 nominated for the purpose” within the meaning of this section. 
 
 (2.) On an appointment of a new trustee, the number 
 of trustees may be increased. 
 
 This subs. is applicable to the appointment of more than one new 
 trustee, as singular imports the plural, see n. to s. 50, post. 
 
 (3.) On an appointment of a new trustee, it shall not 
 be obligatory to appoint more than one new trustee, 
 where only one trustee was originally appointed, or to fill 
 up the original number of trustees, where more than two 
 trustees were originally appointed; but, except where 
 only one trustee was originally appointed, a trustee shall 
 not be discharged under this section from his trust unless 
 there will be at least two trustees to perform the trust. 
 
 Two existing trustees cannot, under the Trustee Acts, be reappointed 
 in the place of themselves and a lunatic trustee, and the practice is not 
 
 altered by this Act, although the word “new” is not used in subs. 1: 
 In re Aston, W. N., 1883, p. 22. ; 
 
 (4.) On an appointment of a new trustee any assurance 
 or thing requisite for vesting the trust property, or any 
 G 
 
 S. 31. 
 
 TRUSTEES AND 
 EXECUTORS. 
 
 Bankruptcy is 
 unfitness. 
 
 Where power 
 does not extend 
 to all cases 
 provided for by 
 this s. 
 
 “New ” 
 trustees, 
 
Beef i 
 
 TRUSTEES AND 
 
 EXECUTORS. 
 
 Whether 
 omission of 
 particular 
 cases shews 
 contrary 
 intention. 
 
 Power 
 
 retrospective. 
 
 Appointment 
 of separate 
 sets of 
 trustees. 
 
 82 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 part thereof, jointly in the persons who are the trustees, 
 shall be executed or done. 
 
 This subs. must be read in connection with s. 34 (1), post, rendering 
 a conveyance of the trust property unnecessary on the appointment of a 
 new trustee, except in cases within subs. 3 of that s. 
 
 (5.) Every new trustee so appointed, as well before as 
 after all the trust property becomes by law, or by assur- 
 ance, or otherwise, vested in him, shall have the same 
 powers, authorities, and discretions, and may in all 
 respects act, as if he had been originally appointed a 
 trustee by the instrument, if any, creating the trust. 
 
 (6.) The provisions of this section relative to a trustee 
 who is dead include the case of a person nominated 
 trustee in a will but dying before the testator; and those 
 relative to a continuing trustee include a refusing or 
 retiring trustee, if willing to act in the execution of the 
 provisions of this section. 
 
 (7.) This section applies only if and as far as a con- 
 trary intention is not expressed in the instrument, if any, 
 creating the trust, and shall have effect subject to the 
 terms of that instrument and to any provisions therein 
 contained. 
 
 Where under an instrument, whether dated before this Act or subse- 
 quently, a limited power to appoint new trustees is given to a speci- 
 fied person, say, in case only of trustees refusing, it is conceived that 
 the power given to the surviving or continuing trustee by subs. (1) 
 applies to all the other cases there mentioned, and that the omission 
 to provide for all those cases is not sufficient to shew a contrary 
 intention within this subs. 
 
 (8.) This section applies to trusts created either before 
 or after the commencement of this Act. 
 
 This and the subsequent sections included in Part VII. of this Act 
 replace Part III. of Lord Cranworth’s Act, which is repealed (see second 
 schedule, Part I1I.). ‘The power to appoint new trustees applies to all 
 instruments past and future, including those dated before Lord Cran- 
 worth’s Act, and to which that Act did not apply. 
 
 By the C. A., 1882, s. 5, infra, separate sets of trustees may be 
 appointed for distinct trusts. 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 83 
 
 32.—(1.) Where there are more than two trustees, if 
 one of them by deed declares that he is desirous of being 
 discharged from the trust, and if his co-trustees and such 
 other person, if any, as is empowered to appoint trustees, 
 by deed consent to the discharge of the trustee, and to 
 the vesting in the co-trustees alone of the trust property, 
 then the trustee desirous of being discharged shall be 
 deemed to have retired from the trust, and shall, by the 
 deed, be discharged therefrom under this Act, without 
 any new trustee being appointed in his place. 
 
 Under this section the continuing trustees alone will have the 
 powers of the original trustees. The due discharge of one of several 
 trustees leaves the others whole and sole trustees as in case of a dis- 
 claimer: Cafe v. Bent, 5 Hare, 37. If the power be merely personal, 
 unconnected with property, for instance to consent to a marriage, it is 
 
 not a case of trusteeship within these sections, but the power may be 
 disclaimed under C. A. 1882, s. 6. 
 
 (2.) Any assurance or thing requisite for vesting the 
 trust property in the continuing trustees alone shall be 
 executed or done. 
 
 This subs. must be read in connection with s, 34 (2), post, rendering 
 
 a conveyance of the trust property unnecessary on the retirement of a 
 trustee except in cases falling within subs. 3 of that s. 
 
 (3.) This section applies only if and as far as a contrary 
 intention is not expressed in the instrument, if any, creat- 
 ing the trust, and shall have effect subject to the terms of 
 that instrument and to any provisions therein contained. 
 
 (4.) This section applies to trusts created either before 
 or after the commencement of this Act. 
 
 33.—(1.) Every trustee appointed by the Court of 
 Chancery, or by the Chancery Division of the Court, or 
 by any other Court of competent jurisdiction, shall, as 
 well before as after the trust property becomes by law, or 
 by assurance, or otherwise, vested in him, have the same 
 powers, authorities, and discretions, and may in all 
 respects act, as if he had been originally appointed a 
 trustee by the instrument, if any, creating the trust. 
 
 (2.) This section applies to appointments made either 
 
 before or after the commencement of this Act. 
 G2 
 
 SS. 32, 33. 
 
 TRUSTEES AND 
 EXECUTORS, 
 
 Retirement of 
 trustee, 
 
 On discharge 
 of a trustee 
 the others have 
 all powers. 
 
 Powers of new 
 trustee ap- 
 pointed by 
 Court. 
 
SS. 33, 34. 
 
 TRUSTEES AND 
 EXECUTORS. 
 
 Retrospective. 
 
 As to exercise 
 of legal powers. 
 
 Vesting of 
 trust property 
 in new or 
 continuing 
 trustees. 
 
 Vesting 
 declaration 
 applicable on 
 all appoint- 
 ments of a 
 trustee. 
 
 Must be in 
 deed of 
 appointment 
 or discharge. 
 Must be by 
 deed. 
 
 Stamp duties. 
 
 Chose in 
 action. 
 
 No vesting 
 declaration 
 required for 
 equities. 
 
 84 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 This section replaces s. 27 of Lord Cranworth’s Act, and applies to 
 all instruments past and future. A new trustee appointed by the Court 
 under its ordinary jurisdiction in equity could not exercise a legal 
 power, as, for instance, a power of sale in a settlement operating by 
 revocation and appointment of uses (see Newman v. Warner, 1 Sim. 
 N.S. 457, 461). To enable a new trustee to exercise a legal power it 
 was necessary that the appointment should be made on petition under 
 the Trustee Act, 1850: see s. 88 of that Act. As to trustees appointed 
 by the Court of Chancery, see Ld. C.’s Act, s.27,and Morg. Ch. Ord., 
 p. 101 (a). It is conceived that under this section a trustee appointed 
 by judgment or order in an action simply, and not under the Trustee 
 Acts, may validly exercise legal powers, and that there will be no neces- 
 sity for a petition under the Trustee Acts. 
 
 34.—(1.) Where a deed by which a new trustee is 
 appointed to perform any trust contains a declaration by 
 the appointor to the effect that any estate or interest in 
 any land subject to the trust, or in any chattel so subject, 
 or the right to recover and receive any debt or other 
 thing in action so subject, shall vest in the persons who 
 by virtue of the deed become and are the trustees for 
 performing the trust, that declaration shall, without 
 any conveyance or assignment, operate to vest in those 
 persons, as joint tenants, and for the purposes of the 
 trust, that estate, interest, or right. 
 
 This section applies to all deeds executed after the commencement 
 of the Act by which a new trustee is appointed to perform “ any trust,” 
 and is not confined to cases where the powers of the Act are exercised. 
 The vesting declaration may therefore now be used on an appointment 
 of a trustee in the ordinary mode under a power in a settlement, and 
 whether the settlement be dated before or after the commencement of 
 the Act. The vesting declaration must be contained in the deed 
 appointing or discharging the trustee. 
 
 It must be by deed and not by writing merely, though the mere 
 appointment of a trustee under s. 81 may be by writing only. Thus 
 as under the old practice a deed will always be necessary where there 
 is property to transfer, and will be chargeable with stamp duty on the 
 appointment and also on the vesting order (Hadgett v. Commissioners 
 of Inland Revenue, 3 Ex. D. 46). In the case of a chose in action 
 notice of assignment should also be given. 
 
 The aid of this section is required only for the purpose of vesting a 
 legal interest. The mere appointment of a new trustee or several new 
 trustees in itself operates to vest all equitable interests in the persons 
 who are the trustees (Dodson v. Powell, 18 Law Journ. (Ch.) 287), and 
 
CONVEYANCING AND LAW OF PROPERTY AGT. 85 
 
 the object of this section is to extend that principle so far as is not 
 inconvenient to legal estates and rights, It may, however, be con- 
 venient to have the proper declaration in all cases. 
 
 The words ‘* who by virtue of the deed become and are the trustees 
 Jor performing the trust” include the old trustees as well as the new. 
 The new trustees become trustees by virtue of the deed, but do not 
 become the trustees for performing the trust, unless they are the sole 
 trustees. The new and the old trustees together become the trustees 
 for performing the trust. But where there are no old trustees, or 
 none continuing to act, the new trustees solely become the trustees for 
 performing the trust. 
 
 Cases occur, as where lands are purchased with settlement money, 
 in which it may be convenient to have a separate actual conveyance. 
 The declaration which effects the vesting of the other property subject 
 to the settlement will then omit the property separately conveyed. There 
 must be an actual conveyance where the deed does not contain an 
 appointment of a new trustee or discharge of a trustee. 
 
 (2.) Where a deed by which a retiring trustee is dis- 
 charged under this Act contains such a declaration as is 
 in this section mentioned by the retiring and continuing 
 trustees, and by the other person, if any, empowered to 
 appoint trustees, that declaration shall, without any con- 
 veyance or assignment, operate to vest in the continuing 
 trustees alone, as joint tenants, and for the purposes of 
 the trust, the estate, interest, or right to which the 
 declaration relates. 
 
 (8.) This section does not extend to any legal estate or 
 interest in copyhold or customary land, or to land con- 
 veyed by way of mortgage for securing money subject to 
 the trust, or to any such share, stock, annuity, or pro- 
 perty as is only transferable in books kept by a company 
 
 or other body, or in manner prescribed by or under Act 
 
 of Parliament. 
 
 The objects of subs. 3 are to save the rights of the lord as regards 
 customary land, to prevent the trusts of the money appearing on the 
 title of land mortgaged, and to reserve to corapanies and other bodies the 
 right to require transfers of their stock to be made in the statutory form. 
 
 (4.) For purposes of registration of the deed in any 
 registry, the person or persons making the declaration 
 shall be deemed the conveying party or parties, and the 
 
 8. 34. 
 
 TRUSTEES AND 
 EXECUTORS. 
 
 Effect of 
 vesting clause. 
 
 As to where 
 there should 
 be separate 
 deed. 
 
 Reasons for 
 exceptions, 
 
SS. 34, 35, 36. 
 
 TRUSTEES AND 
 EXECUTORS. 
 
 Register 
 searches. 
 
 Power for 
 trustees for 
 sale to sell by 
 auction, &e. 
 
 As to sale of 
 trust property 
 along with 
 other property. 
 
 Words required 
 in trust for or 
 power of sale. 
 
 Trustees re- 
 ceipts. 
 
 86 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 conveyance shall be deemed to be made by him or them 
 under a power conferred by this Act (a). 
 
 (5.) This section applies only to deeds executed after 
 the commencement of this Act. 
 
 (a) Subs. 4 makes it necessary to search the deeds register against 
 any person having power to appoint new trustees as well as against the 
 trustees, 
 
 39.—(1.) Where a trust for sale or a power of sale of 
 property is vested in trustees, they may sell or concur 
 with any other person in selling all or any part of the 
 property, either subject to prior charges or not, and 
 either together or in lots, by public auction or by private 
 contract, subject to any such conditions respecting title 
 or evidence of title, or other matter, as the trustees think 
 fit, with power to vary any contract for sale, and to buy 
 in at any auction, or to rescind any contract for sale, and 
 to re-sell, without being answerable for any loss. 
 
 This s. merely operates to supply the common form provisions of a 
 trust for sale or a power of sale. It did not replace Part I. of Lord 
 Cranworth’s Act, which was not repealed by this Act, but is now 
 repealed by the Settled Land Act, s. 64. 
 
 As to the duty of trustees where trust property is sold along with 
 
 other property not subject to the trust: see Rede v. Oakes, 4 D. J. & 
 S. 505 ; In re Cooper and Allen’s Contract, 4 Ch. D. 802. 
 
 (2.) This section applies only if and as far as a con- 
 trary intention is not expressed in the instrument creating 
 the trust or power, and shall have effect subject to the 
 terms of that instrument and to the provisions therein 
 contained. 
 
 (3) This section applies only to a trust or power 
 
 -ereated by an instrument coming into operation after the 
 
 commencement of this Act. 
 
 A sufficient trust for sale may now be created by using the words 
 “ Upon trust to sell the said premises,” and a sufficient power of sale by 
 using the words “ with power to sell the said premises,” without more. 
 
 36.—(1). The receipt in writing of any trustees or 
 trustee for any money, securities, or other personal pro- 
 perty or effects payable, transferable, or deliverable - to 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 87 
 
 them or him under any trust or power shall be a sufficient 
 discharge for the same, and shall effectually exonerate 
 the person paying, transferring, or delivering the same 
 from seeing to the application or being answerable for 
 any loss or misapplication thereof. 
 
 (2.) This section applies to trusts created either before 
 or after the commencement of this Act. 
 
 This section replaces and is more comprehensive than s. 29 of Lord 
 Cranworth’s Act, which was confined to money. The power to give 
 receipts conferred by 22 & 28 Vict. c. 35, s. 23, had the same limited 
 operation. 
 
 Where trustees for sale, having no express power to give receipts, 
 had sold to a railway company, the power given by these Acts was held 
 to apply, and the purchase-money, which had been paid into Court, 
 was ordered to be paid to them without serving the cestuis que trust: 
 In re Thomas’s Settlement, W. N. 1882, p. 7. 
 
 3/¢7.—(1.) An executor may pay or allow any debt or 
 claim on any evidence that he thinks sufficient. 
 
 (2.) An executor, or two or more trustees acting to- 
 gether, or a sole acting trustee where, by the instrument, 
 if any, creating the trust, a sole trustee is authorized to 
 execute the trusts and powers thereof, may, if and as he 
 or they think fit, accept any composition, or any security, 
 real or personal, for any debt, or for any property, real or 
 personal, claimed, and may allow any time for payment 
 of any debt, and may compromise, compound, abandon, 
 submit to arbitration, or otherwise settle any debt, 
 account, claim, or thing whatever relating to the testator’s 
 estate or to the trust, and for any of those purposes may 
 enter into, give, execute, and do such agreements, instru- 
 ments of composition or arrangement, releases, and other 
 things as to him or them seem expedient, without being 
 responsible for any loss occasioned by any act or thing so 
 done by him or them in good faith. 
 
 (3.) As regards trustees, this section applies only if and 
 as far as a contrary intention is not expressed in the in- 
 strument, if any, creating the trust, and shall have effect 
 subject to the terms of that instrument and to the pro- 
 visions therein contained. 
 
 SS. 36, 37. 
 
 TRUSTEES AND 
 EXECUTORS. 
 
 Receipt clause 
 extended. 
 
 Application of 
 this section. 
 
 Power for 
 executors and 
 trustees to 
 compound, &c. 
 
SS. 37, 38, 39. 
 
 TRUSTEES AND 
 EXECUTORS. 
 
 Does not apply 
 to an adminis- 
 trator. 
 
 Two or more 
 trustees must 
 act together. 
 
 Powers to two 
 or more 
 executors or 
 trustees, 
 
 As to survivor 
 of executors 
 selling. 
 
 MARRIED 
 WOMEN. 
 
 Power for 
 Court to bind 
 interest of 
 married 
 woman. 
 
 Cases affected. 
 
 88 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 (4.) This section applies to executorships and trusts 
 constituted or created either before or after the com- 
 mencement of this Act. 
 
 This section does not apply to an administrator, who might be merely 
 a creditor, or some one not necessarily a proper person to be invested 
 with such large powers: see In re Clay and Tetley, 16 Ch. D. 3. 
 
 It is conceived that where there are two or more trustees they must 
 all act together under this section, except in trusts of a public 
 character or where there is a special authority enabling the majority 
 to bind the minority: see Lewin on Trusts, 228, 6th ed. 
 
 38.—(1.) Where a power or trust is given to or vested 
 in two or more executors or trustees jointly, then, unless 
 the contrary is expressed in the instrument, if any, 
 creating the power or trust, the same may be exercised or 
 performed by the survivor or survivors of them for the 
 time being. 
 
 (2.) This section applies only to executorships and 
 trusts constituted after or created by instruments coming 
 into operation after the commencement of this Act. 
 
 Compare the Act 21 Hen. VIII. c. 4. 
 
 This section removes any difficulty as to whether one surviving 
 executor can sell under a devise to executors to sell (see Sug. Powers, 
 126 e¢ seq., 8th ed.); but it does not affect the rule that a power to 
 two or more by name, who are not executors, being a personal power, 
 will not survive (Sug. Powers, 128, 8th ed.). 
 
 VIIIL—Marriep Women. 
 
 39.—(1.) Notwithstanding that a married woman is 
 restrained from anticipation, the Court may, if it thinks 
 fit, where it appears to the Court to be for her benefit, by 
 judgment or order, with her consent, bind her interest in 
 any property. } 
 
 (2.) This section applies only to judgments or orders 
 made after the commencement of this Act. . 
 
 Before this Act the Court had no power to bind the interest of a 
 married woman who was restrained from anticipation, however bene- 
 ficial it might be to her to do so: see Robinson v. Wheelwright, 21 
 Beav. 214; 6 D. M. & G. 585; Tussaud v. Tussaud, 9 Ch. D. 875, 
 per James, LiJ.; Smith v. Lucas, 18 Ch. D, 531. 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 89 
 
 Applications under this section must be made by summons in 
 Chambers, s. 69 (3), post, and not by petition: Re Lillwall’s Settlement, 
 W. N. 1882, p. 6. 
 
 See the observations of V.C. Hall on the intention of this section, 
 Tamplin v. Miller, W. N. 1882, p. 44. 
 
 The consent of a married woman under this section need not be 
 ascertained by a separate examination: Hodges v. Hodges, 20 Ch. D. 749. 
 
 40.—(1.) A married woman, whether an infant or not, 
 shall by virtue of this Act have power, as if she were 
 unmarried and of full age, by deed, to appoint an 
 attorney on her behalf for the purpose of executing any 
 deed or doing any other act which she might herself exe- 
 cute or do; and the provisions of this Act relating to 
 instruments creating powers of attorney shall apply 
 thereto. 
 
 (2.) This section applies only to deeds executed after 
 the commencement of this Act. 
 
 This section when originally inserted had more special reference to 
 the clauses struck out in the House of Commons enabling married 
 women to convey by deed simply without acknowledgment. An 
 acknowledged deed is necessarily incapable of being executed by attorney, 
 but under this section a power of attorney will be effectual as regards 
 all other deeds or acts capable of being executed or done by a married 
 woman, 
 
 For further provisions as to powers of attorney, see ss. 46-48, and 
 C. A., 1882, s. 8, post; and see s. 50, post, enabling a married woman 
 to convey freehold land, as defined by s. 2 (ii.), ante, and choses in 
 action to her husband alone or jointly with another person ; and see 
 C. A., 1882, s. 7, post, as to acknowledgment of deeds by married 
 women. 
 
 TX.— INFANTS. 
 
 41. Where a person in his own right seised of or en- 
 titled to land for an estate in fee simple, or for any lease- 
 hold interest at a rent,is an infant, the land shall be 
 deemed to be a settled estate within the Settled Estates 
 Act, 1877. 
 
 This section enables the Court for the benefit of an infant to sell his 
 fee simple estate, not only where he has acquired it under a settlement 
 (see definition of “ settlement” in the Settled Estates Act, 1877), but 
 
 SS. 39, 40, 41. 
 
 MARRIED 
 WoMEN. 
 
 Applications 
 under this 
 section. 
 
 How consent 
 taken. 
 
 Power of 
 attorney of 
 married 
 woman, 
 
 INFANTS. 
 
 Sales and leases 
 on behalf of 
 infant owner. 
 40 & 41 Vict. 
 c. 18. 
 
 Sale of infant’s 
 land in fee 
 simple. 
 
SS. 41, 42. 
 
 fer 
 
 INFANTS. 
 
 oe 
 
 Leases and sales 
 of infant’s land 
 generally. 
 
 Management 
 of land and 
 receipt and 
 application 
 of income 
 during 
 minority. 
 
 Meaning of 
 settlement. 
 
 Applies where 
 legal estate 
 
 90 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 also where it has come to him by descent or devise in fee. Before this 
 Act the Court had no authority to sell the real estate of an infant upon 
 the mere ground that a sale would be beneficial (see Calvert v. Godfrey, 
 6 Beayv. 97; and cases cited, Dart, V. & P. 1223 (s), 5th ed.). 
 
 It also enables the Court to authorize leases and sales of the infant’s 
 land of every tenure, and it is conceived that the guardians of an 
 infant may under this section, and ss. 46 and 49 of the Settled Estates 
 Act, 1877, grant leases for twenty-one years of the infant’s land with- 
 out the authority of the Court. As to the power of the Court to 
 authorise leases of infant’s land under 11 Geo. 4 & 1 Will. 4, c. 65, 
 see Simpson on Infants, p. 334, and Re Letchford, 2 Ch. D. 719. 
 
 All the powers of the Settled Estates Act, 1877, may be executed by 
 the guardians on behalf of the infant (s. 49). 
 
 In Liddell v. Liddell, W. N. 1882, p. 183, property was devised to 
 the sons and daughters of a testator successively on their attaining the 
 age of twenty-one years, and in default of any son or daughter to the 
 testator’s brother, who was of age. On the petition of the sons and 
 daughters, who were infants, asking a sale, it was held that the 
 estate came within this section, notwithstanding the gift over. 
 
 Leases, sales, &c., of land to which an infant is absolutely entitled 
 may now be effected under the Settled Land Act, 1882: see ss. 59, 60. 
 
 42.—(1.) If and as long as any person who would but 
 for this section be beneficially entitled to the possession 
 of any land is an infant, and being a woman is also un- 
 married, the trustees appointed for this purpose by the 
 settlement, if any, or if there are none so appointed, then 
 the persons, if any, who are for the time being under the 
 settlement trustees with power of sale of the settled land, 
 or of part thereof, or with power of consent to or approval 
 of the exercise of such a power of sale, or if there are 
 none, then any persons appointed as trustees for this 
 purpose by the Court, on the application of a guardian or 
 next friend of the infant, may enter into and continue in 
 possession of the land; and in every such case the sub- 
 sequent provisions of this section shall apply. 
 
 The word settlement” includes all settlements by whatever in- 
 strument made, whether deed, will, writing, or Act of Parliament; 
 this is clear from subs. 7, which refers to the instrument by which 
 the settlement is made, and from the definition of “instrument,” 
 s. 2 (xiii.). | 
 
 This section includes the case where an infant takes by descent, 
 also where the legal estate is vested in trustees upon trust to pay the 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 91 
 
 rents and profits to an infant. By s. 2 (iii.) possession includes receipt 
 of income, and income includes rents and profits. 
 
 (2.) The trustees shall manage or superintend the 
 management of the land, with full power to fell timber 
 or cut underwood from time to time in the usual course 
 for sale, or for repairs or otherwise, and to erect, pull 
 down, rebuild, and repair houses, and other buildings and 
 erections, and to continue the working of mines, minerals, 
 and quarries which have usually been worked, and to 
 drain or otherwise improve the land or any part thereof, 
 and to insure against loss by fire, and to make allowances 
 to and arrangements with tenants and others, and to de- 
 termine tenancies, and to accept surrenders of leases and 
 tenancies, and generally to deal with the land in a proper 
 and due course of management; but so that, where the 
 infant is impeachable for waste, the trustees shall not 
 commit waste, and shall cut timber on the same terms 
 only, and subject to the same restrictions, on and subject 
 to which the infant could, if of full age, cut the same. 
 
 (3.) The trustees may from time to time, out of the 
 income of the land, including the produce of the sale of 
 timber and underwood, pay the expenses incurred in the 
 management, or in the exercise of any power conferred 
 by this section, or otherwise in relation to the land, and 
 all outgoings not payable by any tenant or other person, 
 and shall keep down any annual sum, and the interest of 
 any principal sum, charged on the land. 
 
 Where, subject to certain trusts, an infant is absolutely entitled to 
 the beneficial interest in land, the legal estate being in trustees, the 
 Court has jurisdiction to direct the raising by mortgage of money for 
 repairs: Jackson v. Talbot, 21 Ch. D. 786. 
 
 (4.) The trustees may apply at discretion any income 
 which, in the exercise of such discretion, they deem 
 proper, according to the infant’s age, for his or her main- 
 tenance, education, or benefit, or pay thereout any money 
 to the infant’s parent or guardian, to be applied for the 
 same purposes. 
 
 The power in this subs. and in s, 48 (i.) to pay income to the parent 
 
 S. 42. 
 
 — 
 
 INFANTS. 
 
 vested in 
 trustees. 
 
 Mortgage for 
 repairs on 
 infant’s pro- 
 
 perty. 
 
 Payment of 
 
S. 42. 
 
 INFANTS, 
 
 income to 
 parent or 
 guardian. 
 
 What invest- 
 ments of trust 
 money autho- 
 rized by law. 
 
 92 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 or guardian for the infant’s maintenance, education, or benefit, neces- 
 sarily implies a power for the parent or guardian to give receipts, and 
 exempts a person paying from seeing to the application of the money, 
 just as a like power to trustees is necessarily implied where they are 
 directed to sell land and divide the proceeds amongst infants (Sowarsby 
 v. Lacy, 4 Mad. 142; Lavender v. Stanton, 6 Mad. 46). 
 
 (5.) The trustees shall lay out the residue of the in- 
 come of the land in investment on securities on which 
 they are by the settlement, if any, or by law, authorized 
 to invest trust money, with power to vary investments ; 
 and shall accumulate the income of the investments so 
 made in the way of compound interest, by from time to 
 time similarly investing such income and the resulting 
 income of investments; and shall stand possessed of the 
 accumulated fund arising from income of the land and 
 from investments of income on the trusts following 
 
 (namely) : 
 
 The following are securities authorized by law for investment by 
 
 trustees, namely,— 
 
 1. Consolidated 3 per cent. Annuities. 
 
 2. Real securities in the United Kingdom, or stock of the Bank of 
 England or Ireland, if not expressly forbidden: 22 & 23 Vict. 
 c. 35, 8. 82; 23 & 24 Vict. c. 38, s. 12; real securities in Eng- 
 land or Wales, proper for investment by trustees, being first 
 mortgages of fee simple or copyhold lands, and in Ireland first 
 mortgages of fee simple lands, or of leaseholds for lives at a 
 head rent perpetually renewable, and also of lands held under 
 fee farm grants made pursuant to 12 & 138 Vict. c. 105, and 
 31 & 32 Vict. c. 62. 
 
 3. East India stock created under Acts passed before the 20th 
 August, 1867 (30 & 381 Vict. ¢. 182, s. 1), and under subsequent 
 Acts, 32 & 33 Vict. c. 106; 36 & 37 Vict. c. 32; 37 & 38 Vict. 
 c. 3; 40 & 41 Vict. c. 51; and 42 & 438 Vict. c. 60; and 
 securities the interest of which is guaranteed by Parliament 
 (30 & 31 Vict. c. 132, s. 2). 
 
 4, Reduced and New £38 per cent. and £2 10s. per cent. Government 
 
 Annuities and Exchequer Bills, where trustees are authorised to - 
 
 - invest in Government or Parliamentary securities (28 & 24 
 Vict. c. 38, s. 11, and Orders of the lst February, 1861). 
 5. Debenture stock of companies in the mortgages or bonds whereof 
 trustees are authorised to invest: 34 & 35 Vict. c 27. 
 6. Debentures or debenture stock issued under the Local Loans 
 
 Act, 1875, where trustees are authorised to invest in the ~ 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 93 
 
 debentures or debenture stock of companies: 88 & 89 Vict. 
 6183, 8.27. 
 
 7. Stock of the Metropolitan Board of Works where government 
 securities are authorised : 84 & 35 Vict. c. 47, s. 13. 
 
 8. Charges under the Improvement of Land Act, 1864, or mortgages 
 thereof, where trustees are authorized to invest in real securities : 
 27 & 28 Vict. c. 114, s 60. 
 
 9. The special Acts of many local authorities and corporations con- 
 tain an express provision authorizing their debentures or deben- 
 ture stock to be taken by trustees. 
 
 Ga.) If the infant attains the age of twenty-one years, 
 
 then in trust for the infant ; 
 
 ai.) If the infant is a woman and marries while an 
 
 infant, then in trust for her separate use, inde- 
 pendently of her husband, and so that her 
 receipt after she marries, and though still an 
 infant, shall be a good discharge; but 
 
 (ii.) If the infant dies while an infant, and being a 
 
 woman without having been married, then, where 
 the infant was, under a settlement, tenant for life, 
 or by purchase tenant in tail or tail male or tail 
 female, on the trusts, if any, declared of the 
 accumulated fund by that settlement; but 
 where no such trusts are declared, or the infant 
 has taken the land from which the accumulated 
 fund is derived by descent, and not by pur- 
 chase, or the infant is tenant for an estate in fee 
 simple, absolute or determinable, then in trust 
 for the infant’s personal representatives, as part 
 of the infant’s personal estate ; 
 
 but the accumulations, or any part thereof, may at any 
 
 time be applied as if the same were income arising in the 
 
 then current year. 
 
 (6.) Where the infant’s estate or interest is in an un- 
 divided share of land, the powers of this section relative 
 to the land may be exercised jointly with persons entitled 
 to possession of, or having power to act in relation to, the 
 other undivided share or shares. 
 
 (7.) This section applies only if and as far as a con- 
 trary intention is not expressed in the instrument under 
 
 S. 42. 
 
 INFANTS. 
 
SS. 42, 43. 
 
 od 
 
 INFANTS. 
 
 ——— 
 
 How far this 
 section agrees 
 with the usual 
 form. 
 
 Application 
 ~by trustees 
 of income of 
 property of 
 infant for 
 maintenance, 
 &e. 
 
 Does not apply 
 where vesting 
 is after 21. 
 
 94 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 which the interest of the infant arises, and shall have 
 effect subject to the terms of that instrument and to the 
 provisions therein contained. 
 
 (8.) This section applies only where that instrument 
 
 comes into operation after the commencement of this 
 Act. 
 
 This section goes somewhat beyond what can be done by deed. The 
 trust extends over the minority of a tenant in tail by descent, as well as 
 the minority of a tenant in tail by purchase, which in a deed or will 
 would be a void trust (see 1 Jarman, 274, 4th ed.) To this there is 
 practically no objection, as the same accumulation would take place 
 by operation of law or under the direction of the Court in an adminis- 
 tration action. Under subs. 5 the trust for disposal of the proceeds of 
 accumulation is strictly confined within what could be done by deed 
 or will. 
 
 43.—(1.) Where any property is held by trustees in 
 trust for an infant, either for life, or for any greater 
 interest, and whether absolutely, or contingently on his 
 attaining the age of twenty-one years, or on the occur- 
 rence of any event before his attaining that age, the 
 trustees may, at their sole discretion, pay to the infant’s 
 parent or guardian, if any, or otherwise apply for or to- 
 wards the infant’s maintenance, education or benefit, the 
 income of that property, or any part thereof, whether 
 there is any other fund applicable to the same purpose, 
 or any person bound by law to provide for the infant’s 
 maintenance or education, or not. 
 
 This s. does not apply to property the vesting of which is postponed 
 beyond the age of twenty-one years. In all cases where the vesting 
 is so postponed maintenance, education, and accumulation clauses will 
 still be necessary. 
 
 As to the implied power of the parent or guardian to give receipts 
 for income, see n. to s, 42 (4). 
 
 (2.) The trustees shall accumulate all the residue of 
 that income in the way of compound interest, by in- 
 vesting the same and the resulting income thereof from 
 time to time on securities on which they are by the 
 settlement, if any, or by law, authorized to invest trust 
 money, and shall hold those accumulations for the benefit 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 995 
 
 of the person who ultimately becomes entitled to the 
 property from which the same arise; but so that the 
 trustees may at any time, if they think fit, apply those 
 accumulations, or any part thereof, as if the same were 
 income arising in the then current year. 
 
 For investments of trust money authorized by law, see n. to s. 42 
 (5), supra. 
 
 (3.) This section applies only if and as far as a con- 
 trary intention is not expressed in the instrument under 
 which the interest of the infant arises, and shall have 
 effect subject to the terms of that instrument and to the 
 provisions therein contained. 
 
 (4.) This section applies whether. that instrument 
 comes into operation before or after the commencement 
 of this Act. 
 
 This section replaces s. 26 of Lord Cranworth’s Act, and is so worded 
 as to avoid the question raised in the case of In re George, 5 Ch. D. 837, 
 on the words in that Act, “the income to which such infant may be 
 entitled in respect of such property.” In the case of a simple pecuniary 
 legacy to an infant contingent on his attaining twenty-one, and carry- 
 ing interest in the meantime, the executors being bound to set it apart 
 and accumulate the income, it is conceived that in the absence of any 
 direction to the contrary, the effect of this section is, that if the infant 
 dies under twenty-one the residuary legatee takes only the accumula- 
 tions representing the unapplied residue of the income (see Jn re Cotton, 
 1 Ch. D. 282). On the other hand if no interest is payable on the 
 legacy till the infant attains twenty-one, there is no income to which 
 the section can apply, and the residuary legatee takes the income of the 
 residue without deduction till the legacy becomes vested. The short 
 effect of the section seems capable of being stated thus: Where the 
 income will go along with the capital if and when the capital vests, 
 then the income is applicable under the section for the benefit of the 
 infant, otherwise not. 
 
 S. 42 authorizes the application of the rents and profits of land as 
 defined by s. 2 (ii.) for the maintenance, education, or benefit of an 
 infant only where the instrument under which the interest of the 
 infant arises comes into operation after 1881, but s, 43 applies to any 
 property as defined by s. 2 (i.), whether the instrument comes into 
 operation after 1881 or not. 
 
 S. 43. 
 
 INFANTS. 
 
 Applies to all 
 cases where 
 income goes 
 with capital. 
 
 Difference 
 between s. 42 
 and s. 43, 
 
— 
 
 S. 44. 
 
 RENTCHARGES 
 AND OTHER 
 ANNUAL SUMS. 
 
 Remedies for 
 recovery of 
 annual sums 
 charged on 
 land, 
 
 96 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 X.—RENTCHARGES AND OTHER ANNUAL SUMS. 
 
 44. (1.) Where a person is entitled to receive out of 
 any land, or out of the income of any land, any annual 
 sum, payable half-yearly or otherwise, whether charged 
 on the and or on the income of the land, and whether 
 by way of rentcharge or otherwise, not being rent inci- 
 dent to a reversion, then, subject and without prejudice 
 to all estates, interests, and rights having priority to the 
 annual sum, the person entitled to receive the same shall 
 have such remedies for recovering and compelling pay- 
 ment of the same as are described in this section, as far 
 as those remedies might have been conferred by the 
 instrument under which the annual sum arises, but not 
 further. 
 
 (2.) If at any time the annual sum or any part thereof 
 is unpaid for twenty-one days next after the time ap- 
 pointed for any payment in respect thereof, the person 
 entitled to receive the annual sum may enter into and 
 distrain on the land charged or any part thereof, and 
 dispose according to law of any distress found, to the 
 intent that thereby or otherwise the annual sum and all 
 arrears thereof, and all costs and expenses occasioned by 
 non-payment thereof, may be fully paid. 
 
 (3.) If at any time the annual sum or any part thereof 
 is unpaid for forty days next after the time appointed for 
 any payment in respect thereof, then, although no legal 
 demand has been made for payment thereof, the person 
 entitled to receive the annual sum may enter into pos- 
 session of and hold the land charged or any part thereof, 
 and take the income thereof, until thereby or otherwise 
 the annual sum and all arrears thereof due at the time 
 of his entry, or afterwards becoming due during his 
 continuance in possession, and all costs and expenses 
 occasioned by nonpayment of the annual sum, are fully 
 paid ; and such possession when taken shall be without 
 impeachment of waste. 
 
 (4.) In the like case the person entitled to the annual 
 charge, whether taking possession or not, may also by 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 97 
 
 deed demise the land charged, or any part thereof, to a 
 trustee for a term of years, with or without impeachment 
 of waste, on trust, by mortgage, or sale, or demise, for all 
 or any part of the term, of the land charged, or of any 
 part thereof, or by receipt of the income thereof, or by 
 all or any of those means, or by any other reasonable 
 means, to raise and pay the annual sum and all arrears 
 thereof due or to become due, and all costs and expenses 
 occasioned by nonpayment of the annual sum, or in- 
 curred in compelling or obtaining payment thereof, or 
 otherwise relating thereto, including the costs of the 
 preparation and execution of the deed of demise, and 
 the costs of the execution of the trusts of that deed; 
 and the surplus, if any, of the money raised, or of 
 the income received, under the trusts of that deed shall 
 be paid to the person for the time being entitled to the 
 land therein comprised in reversion immediately ex- 
 pectant on the term thereby created. 
 
 (5.) This section applies only if and as far as a con- 
 trary intention is not expressed in the instrument under 
 which the annual sum arises, and shall have effect subject 
 to the terms of that instrument and to the provisions 
 therein contained. 
 
 (6.) This section applies only where that instrument 
 comes into operation after the commencement of this 
 
 Act. 
 
 This section gives the remedy ordinarily inserted in settlements and 
 wills, for enforcing payment of a rentcharge, except that instead of a 
 term, power only is given to limit a term. No more seems required, as 
 the remedy by means of a term is rarely wanted, and if wanted the 
 term can be created. Where by reason of a lease being prior in date to 
 the limitation of a rentcharge, or being granted under a power in a 
 settlement or will which gives it priority to a rentcharge, the lessee’s 
 title is paramount to the rentcharge, the remedy by distress is not 
 available, the lessee being only liable to pay his rent, and this rent is 
 only payable to the reversioner. Hence the necessity for a power to 
 create a term. 
 
 45.—(1.) Where there is a quit-rent, chief-rent, rent- 
 charge, or other annual sum issuing out of land (in this 
 section referred to as the rent), the Copyhold Commis- 
 
 H 
 
 SS. 44, 45. 
 RENTCHARGES 
 AND OTHER 
 ANNUAL SUMS. 
 
 How agrees 
 with usual 
 form. 
 
 Why a term is 
 necessary. 
 
 Redemption of 
 quit-rents and 
 other per- 
 
 petual charges. 
 
S. 45. 
 
 RENTCHARGES 
 AND OTHER 
 ANNUAL SUMS. 
 
 Difficulty in 
 providing for 
 rents of limited 
 owners. 
 
 98 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 sioners shall at any time, on the. requisition of the owner 
 of the land, or of any person interested therein, certify 
 the amount of money in consideration whereof the rent 
 may be redeemed. 
 
 (2.) Where the person entitled to the rent is abso- 
 lutely entitled thereto in fee simple in possession, or is 
 empowered to dispose thereof absolutely, or to give an 
 absolute discharge for the capital value thereof, the 
 owner of the land, or any person interested therein, may, 
 after serving one month’s notice on the person entitled to_ 
 the rent, pay or tender to that person the amount certi- 
 fied by the Commissioners. 
 
 (3.) On proof to the Commissioners that payment or 
 tender has been so made, they shall certify that the rent 
 is redeemed under this Act; and that certificate shall be 
 final and conclusive, and the land shall be thereby abso- 
 lutely freed and discharged from the rent. 
 
 (4.) Every requisition under this section shall be in 
 writing ; and every certificate under this section shall be 
 in writing, sealed with the seal of the Commissioners, » 
 
 (5.) This section does not apply to tithe rentcharge, or 
 to a rent reserved on a sale or lease, or to a rent made 
 payable under a grant or licence for building purposes, or 
 to any sum or payment issuing out of land not being 
 perpetual. 
 
 (6.) This section applies to rents payable at, or created 
 after, the commencement of this Act. 
 
 (7.) This section does not extend to Ireland. 
 
 This section gives power to an owner to purchase up certain per- 
 petual rents issuing out of his land. It applies only where there is a 
 person seised in fee simple of the rent, or able (as in case of trustees 
 with a power of sale) to give a discharge for the purchase-money, or 
 (as in case of a tenant for life) to procure under the Settled Land Act 
 such a discharge, and will have a limited operation, There is difficulty 
 in any other case on account of the expense of dealing with the purchase- 
 
 money, generally small. Perhaps hereafter some means may be found 
 of enabling a landowner to purchase up and extinguish all rents 
 including tithe rentcharge. 
 
 The rents referred to in this section, except a perpetual rentcharge or 
 
 annuity, are incidents of tenure, and would not be incumbrances within 
 8. 5. 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 99 
 
 The entire expense of redeeming the rent necessarily falls on the 
 person redeeming. He has to procure the certificate of the Copyhold 
 Commissioners as to the amount to be paid, and as to payment or 
 tender of that amount. The person entitled to the rent has nothing to 
 do except to receive the redemption money. 
 
 XI.—PoweErRs oF ATTORNEY. 
 
 46.—(1.) The donee of a power of attorney may, if he 
 thinks fit, execute or do any assurance, instrument, or 
 thing in and with his own name and signature and his 
 own seal, where sealing is required, by the authority of 
 the donor of the power; and every assurance, instrument, 
 and thing so executed and done shall be as effectual in 
 law, to all intents, as if it had been executed or done by 
 the donee of the power in the name and with the signa- 
 ture and seal of the donor thereof. 
 
 (2.) This section applies to powers of attorney created 
 by instruments executed either before or after the com- 
 mencement of this Act. 
 
 This section had especial reference to clauses which were struck out 
 of the Bill in the House of Commons, but which are now embodied in 
 the C. A., 1882, ss. 8 and 9. 
 
 Under this section the execution after 1881 of an instrument by an 
 attorney in his own name will not be invalid. It is not necessary, 
 though it is proper, to express that he executes as attorney, or on behalf 
 of his principal, or to use words to the like effect. 
 
 47.—(1.) Any person making or doing any payment 
 or act, in good faith, in pursuance of a power of attorney, 
 shall not be liable in respect of the payment or act by 
 reason that before the payment or act the donor of the 
 
 power had died or become lunatic, of unsound mind, or 
 
 bankrupt, or had revoked the power, if the fact of death, 
 lunacy, unsoundness of mind, bankruptcy, or revocation 
 was not at the time of the payment or act known to the 
 person making or doing the same. 
 
 (2.) But this section shall not affect any right against 
 the payee of any person interested in any money so paid; 
 and that person shall have the like remedy against the 
 
 H 2 
 
 SS. 45, 46, 47. 
 
 RENTCHARGES 
 AND OTHER 
 ANNUAL SUMS. 
 
 On whom 
 expense falls. 
 
 POWERS OF 
 ATTORNEY. 
 
 Execution 
 under power 
 of attorney. 
 
 Payment by 
 attorney under 
 power without 
 notice of 
 death, &c. 
 good. 
 
SS. 47, 48. 
 
 POWERS OF 
 ATTORNEY. 
 
 As to com- 
 pleting 
 purchase under 
 power of 
 attorney under 
 this s. 
 
 Deposit of 
 original 
 instruments 
 creating 
 powers of 
 attorney. 
 
 100 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 payee as he would have had against the payer if the pay- 
 ment had not been made by him. 
 
 (3.) This section applies only to payments and acts 
 made and done after the commencement of this Act. 
 
 This section is supplementary to 22 & 23 Vict. c. 35, s. 26, which 
 applied only to trustees, executors, and administrators. 
 
 Further provision is made for powers of attorney by ss. 8 and 9 of 
 the C. A., 1882, It is still necessary for a purchaser taking a con- 
 veyance under power of attorney not made in accordance with that 
 Act, to ascertain that the principal is alive at the time of execution of 
 the conveyance. But this section seems to enable the attorney to 
 give a valid discharge for the purchase-money, so that where the con- 
 tract is binding on the vendor, the purchaser would obtain a good 
 equitable title. The legal estate would remain outstanding, but a con- 
 veyance could be obtained from the personal representatives under 
 s. 4 or s. 30. Notwithstanding this section, it will be best still to 
 continue the old practice of depositing or retaining the purchase-money 
 until it is ascertained that the vendor survived the date of execution 
 by his attorney, unless the power can be and is made absolutely irre- 
 vocable under s. 8 of C. A., 1882, or made irrevocable for a specified 
 period under s, 9 of that Act, and in the latter case the execution by 
 the atiorney must be within the specified period. 
 
 48.—(1.) An instrument creating a power of attorney, 
 its execution being verified by affidavit, statutory de- 
 claration, or other sufficient evidence, may, with the 
 affidavit or declaration, if any, be deposited in the Central 
 Office of the Supreme Court of Judicature. 
 
 (2.) A separate file of instruments so deposited shall 
 be kept, and any person may search that file, and inspect 
 every instrument so deposited, and an office copy thereof 
 shall be delivered out to him on request. 
 
 (3.) A copy of an instrument so deposited may be pre- 
 sented at the office, and may be stamped or marked as an 
 office copy, and when so stamped or marked shall become 
 and be an office copy. 
 
 (4.) An office copy of an instrument so deposited shall 
 without further proof be sufficient evidence of the con- 
 tents of the instrument and of the deposit thereof in the 
 Central Office. 
 
 (5.) General Rules may be made for purposes of this 
 section, regulating the practice of the Central Office, and 
 
 a 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 101 
 
 prescribing, with the concurrence of the Commissioners 
 of Her Majesty’s Treasury, the fees to be taken therein. 
 
 See Rule under this section, infra, p. 167. 
 
 (6.) This section applies to instruments creating 
 
 powers of attorney executed either before or after the 
 commencement of this Act. 
 
 Where a person upon going abroad, or for any other reason, gives a 
 general power of attorney, there is always a difficulty in securing its 
 production for the benefit of those whose rights depend on an exercise 
 of the power, the original document being necessarily retained for sub- 
 sequent use. Under this section the original may be deposited, and 
 may be inspected at any time by all persons interested, and an office 
 copy may be obtained. 
 
 XIJI.—ConstructTIoN AND EFrect oF DEEDS AND 
 OTHER INSTRUMENTS. 
 
 49.—(1.) It is hereby declared that the use of the 
 word grant is not necessary in order to convey tenements 
 or hereditaments, corporeal or incorporeal. 
 
 (2.) This section applies to conveyances made before 
 or after the commencement of this Act. 
 
 Since the Act 8 & 9 Vict. c. 106, s. 2, enabled land in possession to 
 be conveyed by grant, it has been the practice to use that word in 
 conveyances of freehold land, though probably not necessary, if the 
 intent to pass the estate is clear (see Chester v. Willan, 2 Wms. Saund. 
 96a, (1); Shove v. Pincke, 5'T. R. 124). This section is intended to 
 remove any question as to the necessity of so doing. In future the 
 word “convey” will probably be used where convenient as to both 
 freeholds and leaseholds (see s. 2 (v.), s. 57, and Forms in 4th schedule 
 of this Act). It is not necessary to use the word “grant ” except where 
 it implies covenants under Acts of Pai‘liament, as under s. 32 of the 
 Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18). 
 
 90,—(1.) Freehold land, or a thing in action, may be 
 conveyed by a person to himself jointly with another 
 person, by the like means by which it might be con- 
 veyed by him to another person; and may, in like 
 manner, be conveyed by a husband to his wife, and by 
 a wife to her husband, alone or jointly with another 
 person. 
 
 SS. 48, 49, 50. 
 
 POWERS OF 
 ATTORNEY, 
 
 CoNSTRUCTION 
 AND EFFECT 
 oF DEEDS AND 
 OTHER IN- 
 STRUMENTS. 
 
 Use of word 
 grant un- 
 necessary 
 
 As to necessity 
 for word 
 ‘“‘ grant.” 
 
 Conveyance by 
 a person to 
 himself, &e. 
 
SS. 50, 51, 52. 
 CONSTRUCTION 
 AND EFFECT 
 OF DEEDS AND 
 OTHER IN- 
 STRUMENTS. 
 
 How land to be 
 conveyed to 
 tenants in 
 common. 
 
 Singular in- 
 cludes plural 
 and masculine 
 feminine. 
 
 Words of 
 limitation in 
 fee or in tail. 
 
 Short expres- 
 sion for estate 
 tail, &e. 
 
 Surrender of 
 copyholds to . 
 be expressed as 
 heretofore. 
 
 Powers simply 
 collateral. 
 
 102 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 (2.) This section applies only to conveyances made 
 after the commencement of this Act. 
 
 The first part of this section is supplementary to 22 & 238 Vict. c. 35, 
 s. 21 (which applies only to personal property), and is only intended to 
 apply to a conveyance in joint tenancy, as in tlie ordinary case of the 
 appointment of a new trustee. If land conveyed by A. is to be held 
 in common by himself and B., the proper course is either for A. to 
 convey an undivided share to B., or to convey the entirety to B. to the 
 use of himself and B. as tenants in common. The latter form would be 
 adopted only to make covenants run with the land. 
 
 It will be borne in mind in reading this and many other sections of 
 the Act that under 13 & 14 Vict. c. 21, s. 4, the singular includes the 
 plural, the plural the singular, and the masculine gender includes the 
 feminine, in Acts of Parliament, unless the contrary is expressly 
 provided. 
 
 51.—(1.) In a deed it shall be sufficient, in the limita- 
 tion of an estate in fee simple, to use the words in fee 
 simple, without the word heirs; and in the limitation of 
 an estate in tail, to use the words in tail without the 
 words heirs of the body; and in the limitation of an 
 estate in tail male or in tail female, to use the words in 
 tail male, or in tail female, as the case requires, without 
 
 the words heirs male of the body, or heirs female of the. 
 
 body. 
 (2.) This section applies only to deeds executed after 
 the commencement of this Act. 
 
 See this section illustrated in the Fourth Schedule, Form IV. 
 
 The principal effect of this section is to shorten the expressions 
 required in a deed to create estates tail and cross remainders. There 
 still remains the distinction between deeds and wills that in a will 
 mary expressions, such as “ A, and his assigns for ever,” “A. and his 
 issue,” &c., will create an estate of inheritance, but in a deéd no words 
 are sufficient except either the old technical words or the words autho- 
 rized by this section. 
 
 This section applies only to deeds, therefore a surrender of copyholds 
 should be made in the same terms according to the custom as before the 
 Act. 
 
 52.—(1.) A person to whom any power, whether 
 coupled with an interest or not, is given may by deed 
 release, or contract not to exercise, the power. 
 
 (2.) [his section apples to powers created by instru- 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 103 
 
 ments coming into operation either before or after the 
 commencement of this Act. 
 
 This section removes the difficulty which arose from the indestructi- 
 bility of powers simply collateral, that is powers given to a person, not 
 
 taking any estate, to dispose of or charge the estate in favour of some 
 other person (see Sug. Powers, 47, 49, 8thed.). At iim Pires La 
 
 A married woman must acknowledge the deed of release in cases 
 where before this Act acknowledgment was necessary to bind her 
 interest in the subject matter to which the power relates (Sug. Powers, 
 92, 8th ed.; see also Chorley v. Lings, L. R. 4 0. P. 374; The Queen 
 v. Harrald, L. R. 7 Q. B. 361), unless she was married after 1882, or 
 unless, if married earlier, her interest accrued after that year (M.W.P.A., 
 1882, ss. 2 and 5). 
 
 As to disclaimer of powers, see C. A., 1882, s. 6. 
 
 53.—(1.) A deed expressed to be supplemental to a 
 previous deed, or directed to be read as an annex thereto, 
 shall, as far as may be, be read and have effect as if the 
 deed so expressed or directed were made by way of 
 indorsement on the previous deed, or contained a full 
 recital thereof. 
 
 (2.) This section applies to deeds executed either 
 before or after the commencement of this Act. 
 
 The enactment in this section, though not necessary, seems required 
 to introdtice the practice of using, instead of an indorsed deed, a separate 
 deed in a similar form referring to but not reciting the previous deed. 
 The reference to the previous deed need only be such as clearly to 
 identify it. For this purpose the date and the parties will in most 
 cases be sufficient (see Fourth Schedule, Form II.), If deeds be made 
 up bookwise in a form now common, the supplemental deed can be 
 attached after execution, and both together will be easily readable. A 
 further charge cannot as a general rule be made by indorsement on the 
 mortgage deed, which the mortgagee will not allow out of his possession, 
 but a supplemental deed of further charge can be sent to the mortgagor 
 for execution, and afterwards annexed by the mortgagee to his mortgage 
 deed, without letting the latter go out of his possession, 
 
 This s. only speaks of a deed supplemental to another deed, but any 
 document may also be made supplemental toa deed or to any other 
 document. 
 
 54,—(1.) A receipt for consideration money or securi- 
 ties in the body of a deed shall be a sufficient discharge 
 for the same to the person paying or delivering the 
 
 SS. 52, 53, 54. 
 CONSTRUCTION 
 AND EFFECT 
 OF DEEDS AND 
 OTHER IN- 
 STRUMENTS. 
 —_— 
 
 ; ‘yp Lat? » 
 When release 
 
 by married 
 woman 
 
 must be 
 acknowledged. 
 
 © emer. 
 
 Disclaimer of 
 powers. 
 
 Construction of 
 supplemental 
 or annexed 
 deed. 
 
 Practical use of 
 Ghis. 8.523: 
 
 Any document 
 may be sup- 
 plemental. 
 
 Receipt in deed 
 sufficient. ‘ 
 
SS. 54, 55, 56. 
 
 CONSTRUCTION 
 AND EFFECT 
 OF DEEDS AND 
 OTHER IN- 
 STRUMENTS. 
 
 Receipt in deed 
 or indorsed, 
 evidence for 
 subsequent 
 purchaser, 
 
 Effect of receipt 
 in body of deed. 
 
 Receipt in deed 
 or indorsed, 
 authority for 
 payment to 
 solicitor. 
 
 Practice not 
 altered. 
 
 104 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 same, without any further receipt for the same being 
 indorsed on the deed. 
 
 (2.) This section applies only to deeds executed after 
 the commencement of this Act. 
 
 09.—(1.) A receipt for consideration money or other 
 consideration in the body of a deed or indorsed thereon 
 shall, in favour of a subsequent purchaser, not having 
 notice that the money or other consideration thereby 
 acknowledged to be received was not in fact paid or 
 given, wholly or in part, be sufficient evidence of the 
 payment or giving of the whole amount thereof. 
 
 (2.) This section applies only to Hea executed after 
 the commencement of this Act. 
 
 This and the preceding section make the receipt in the body of a 
 deed executed after 1881, sufficient evidence of payment. Formerly 
 that receipt was in equity little more than a mere form: see Kennedy v. 
 Green, 3 My. & K. 699, 716; Greenslade v. Dare, 20 Beav. 284, 292, 
 
 06.—(1.) Where a solicitor produces a deed, having 
 in the body thereof or indorsed thereon a receipt for 
 consideration money or other consideration, the deed 
 being executed, or the indorsed receipt being signed, by 
 the person entitled to give a receipt for that considera- 
 tion, the deed shall be sufficient authority to the’ person 
 liable to pay or give the same for his paying or giving 
 the same to the solicitor, without the solicitor producing 
 any separate or other direction or authority in that 
 behalf from the person who executed or signed the deed 
 or receipt. 
 
 (2. ) This section apples only in cases where cbnsigere 
 tion is to be paid or given after the commencement of 
 this Act. 
 
 This s. meets the dictum of L.J. Turner in Viney v. Chaplin, 
 2 De G. & J. 468, 482, making an additional document necessary where 
 the purchase-money was to be paid to the vendor’s solicitor, namely an 
 express authority to pay to him: see also Hw parte Swinbanks, 11 Ch. D. 
 525. 
 
 It makes no eerie ates in the mode of the procedure on the comple- 
 tion of a purchase, but only gives an additional security to a pur- 
 chaser. The absence of a written authority to a solicitor to receive 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 109 
 
 consideration money was never relied on in practice as preventing pay- SS. 56, 57. 
 ment. ach person entitled to receive acted as if the execution by 
 him of the-deed and indorsed receipt enabled the producer of the deed ad eS 
 AND EFFECT 
 
 so executed to receive without further authority. This was the law or Drrps anp 
 as supposed to be before Viney v. Chaplin, and is now the law in OTHER IN- 
 
 We AY : ‘ STRUMENTS. 
 reality. In practice it is perfectly well-known to all parties who is the 
 solicitor acting for each person and entitled to receive; the payment 
 will be made to him, and a purchaser knowingly making payment to 
 the wrong person would not be absolved by this section. If any one 
 of several persons entitled to receive chooses not to let the deed out 
 of his possession, when executed by him, his only course is to attend 
 on completion. = 
 
 Sections 54 and 55 render unnecessary the indorsed receipt and the 
 separate authority to pay, and prevent the difficulty and delay some- 
 times caused by the omission to sign an indorsed receipt. The one 
 receipt now required may be either in the body of the deed or indorsed. 
 
 This s. does not and could not properly authorize payment by Payment by 
 cheque instead of in cash. If, however, payment is made by cheque cheque. 
 and accepted by the solicitor and the cheque is afterwards honoured, 
 the purchaser will be safe. It is immaterial whether the money is 
 paid by the purchaser’s solicitor in bank notes handed to him for the 
 purpose, or by the purchaser’s banker in exchange for the purchaser’s 
 cheque. In each case the money is paid to the solicitor producing the 
 deed, and the section applies. If the cheque is not honoured there is 
 no payment, and the section does not apply. The only person then 
 affected is the solicitor accepting the cheque. If he has done so 
 without authority, he may be liable to his own client for the 
 consequences. 
 
 Where the purchase-money is payable among several persons, the Payment to 
 solicitor of each must arrange to attend, and, if necessafy, notice may several on 
 be given to the solicitor of the person making the payment not to pay panes 
 unless specified persons attend to receive. In most cases this is a 
 matter which will cause no difficulty, the old practice before Viney v. 
 
 Chaplin being simply restored. 
 This section applies to vendors who are trustees: Re Bellamy, &c., sg. 56 applies 
 
 W.N., 1882, p. 165. OD bot ND - CL ae ie 
 
 “” 
 
 57. Deeds in the form of and using the expressions in Sufiiciency of 
 the Forms given in the Fourth Schedule to this Act, or Qyoyy youth 
 in the like form or using expressions to the like effect, 
 shall, as regards form and expression in relation to the 
 
 provisions of this Act, be sufficient. 
 
 The forms referred to are not in any way directory. They are merely 
 illustrative of the modes in which the Act may be applied in practice. 
 
S. 58. 
 
 CONSTRUCTION 
 AND EFFECT 
 OF DEEDS 
 AND OTHER 
 INSTRUMENTS. 
 
 Covenants to 
 bind heirs, &e: 
 
 Benefit of real 
 covenants. 
 
 Cases where 
 “assigns ” 
 must be 
 mentioned. 
 
 Covenants not 
 between 
 landlord and 
 tenant where 
 assigns have 
 notice. 
 
 Burden of real 
 covenants, 
 
 106 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 58.—(1.) A covenant relating to land of inheritance, 
 or devolving on the heir as special occupant, shall be 
 deemed to be made with the covenantee, his heirs and 
 assigns, and shall have effect as if heirs and assigns were 
 expressed. 
 
 (2.) A covenant relating to land not of inheritance, or 
 not devolving on the heir as special occupant, shall be 
 deemed to be made with the covenantee, his executors, 
 administrators and assigns, and shall have effect as if 
 executors, administrators, and assigns were expressed. 
 
 (3.) This section apples only to covenants made after 
 the commencement of this Act. 
 
 This section renders unnecessary the mention of “ heirs and assigns,” 
 or “executors, administrators, and assigns,” of the covenantee for the 
 purpose of making the benefit of a covenant run with the land, but 
 it does not make a covenant so run where it would not so run if the 
 “heirs and assigns,” or “ executors, administrators, and assigns” were 
 expressed. 
 
 In the case of a lease s. 10 annexes to the reversion the benefit of all 
 the lessee’s covenants, and so gives this benefit to “assigns” though 
 not mentioned, and also though the covenant be not entered into with 
 the reversioner, as where the lessor has a mere power; and s. 11 
 annexes the obligation of a lessor’s covenant to the reversionary estate, 
 and so binds assigns though not mentioned where the lessor has power 
 to bind that estate. In all other cases the obligation of a covenant 
 relating to land is carried no further than before the Act, and to bind 
 the “assigns” they must still be mentioned where mention was - 
 necessary before the Act, for instance, in a lease’ where the covenant 
 concerns a thing not in esse at the time of the demise, as to build a wall 
 (Spencer’s Case, 1 Smith L. C. 8th ed. 68; Woodfall, L. & T. 147, 
 11th ed.). In cases other than those between landlord and tenant it is 
 doubtful whether the obligation of any covenant runs with the land at 
 law, independently of the Judicature Act, 1878 (86 & 37 Vict. c. 66, 
 ss. 24, 25 (11)), but it does run in equity with notice, where the inten- 
 tion is clear that the assigns should be bound (7ulk v. Moxhay, 2 Ph. 
 774, where the assigns were mentioned; Wilson v. Hart, L. R. 1 Ch. 
 Ap. 463, where the assigns were not mentioned), and the covenant is 
 merely restrictive of the user of land (Haywood v. Brunswick Building 
 Society, 8 Q. B. D. 403, 408), except where it imposes an unreasonable 
 burden on land, as in Keppell v. Batley, 2 My. & K. 517, 535. The 
 result seems to be that it will be prudent that all covenants relating to 
 land where the burden is intended to run with the land should be made 
 by the covenantor for himself and his assigns. 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 107 
 
 59.—(1.) A covenant, and a contract under seal, and 
 a bond or obligation under seal, though not expressed to 
 bind the heirs, shall operate in law to bind the heirs and 
 real estate, as well as the executors and administrators 
 and personal estate, of the person making the same, as if 
 heirs were expressed. 
 
 (2.) This section extends to a covenant implied by 
 virtue of this Act. 
 
 (3.) This section applies only if and as far as a con- 
 trary intention is not expressed in the covenant, contract, 
 bond, or obligation, and shall have effect subject to the 
 terms of the covenant, contract, bond, or obligation, and 
 to the provisions therein contained. 
 
 (4.) This section applies only to a covenant, contract, 
 bond, or obligation made or implied after the commence- 
 ment of this Act. 
 
 Though by the Act 32 & 33 Vict. c. 46, specialty debts binding the 
 heirs rank no higher in the administration of assets than other debts 
 against the land, there is still, under 11 Geo. 4 & 1 Will. 4, c. 47, 
 ss. 6 and 8, the power to sue the heir or devisee personally for such 
 debts, and obtain judgment against him to the extent of the assets 
 which have devolved on him. Accordingly a creditor having so ob- 
 tained judgment takes priority of other creditors against the land, and 
 recovers without any necessity for probate or letters of administration, 
 which are only required to support proceedings in an administration 
 action. All covenants will now bind the heir or devisee so as to enable 
 an action to be brought against him personally, though the heir is not 
 expressly mentioned. It has always been unnecessary expressly to 
 mention executors or administrators. 
 
 60.—(1.) A covenant, and a contract under seal, and 
 a bond or obligation under seal, made with two or more 
 jointly, to pay money or to make a conveyance, or to do 
 any other act, to them or for their benefit, shall be 
 deemed to include, and shall, by virtue of this Act, 
 imply, an obligation to do the act to, or for the benefit 
 of, the survivor or survivors of them, and to, or for the 
 benefit of, any other person to whom the right to sue on 
 the covenant, contract, bond, or obligation devolves. 
 
 (2.) This section extends to a covenant implied by 
 virtue of this Act. 
 
 SS. 59, 60. 
 CONSTRUCTION 
 AND EFFECT 
 
 OF DEEDS 
 AND OTHER 
 INSTRUMENTS. 
 
 Covenants to 
 extend to heirs, 
 &e. 
 
 Priority of 
 judgment 
 creditor. 
 
 Effect of cove- 
 nant with two, 
 or more jointly, 
 
SS. 60, 61. 
 
 CONSTRUCTION 
 AND EFFECT 
 OF DEEDS 
 AND OTHER 
 INSTRUMENTS. 
 
 Effect of ss. 
 58-60. 
 
 Effect of ad- 
 vance on joint 
 account, &¢. 
 
 108 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 (3.) This section applies only if and as far as a 
 contrary intention is not expressed in the covenant, 
 contract, bond, or obligation, and shall have effect sub- 
 ject to the covenant, contract, bond, or obligation, and to 
 the provisions therein contained. | 
 
 (4.) This section applies only to a covenant, contract, 
 bond, or obligation made or implied after the commence- 
 ment of this Act. 
 
 This section must be read in connection with ss, 58 and 59, The 
 effect of the three last preceding sections taken together is that every 
 covenant may now be made in the simple form: “ A. hereby covenants 
 with B. that,” &c.; or A. hereby covenants with B. and C. that,” &c., 
 except covenants relating to land the burden of which is intended to 
 run with the land, and in such covenants, for the reasons given in the 
 note to s. 58, A. should covenant for himself and his assigns. The 
 covenant will thus bind the heirs, and where relating to land of any 
 tenure the benefit of it will run with the land as ifthe old full form 
 applicable to the case had been used ; but where the burden is intended 
 to run with the land the assigns of the covenantor should be men- 
 tioned. Further it will be sufficient as regards the acts to be done 
 under the covenant, to say “that A. will pay to B.,” or “that A. will 
 at the request of B..do all such acts,” &c. ; “‘ that A. will pay to B. and 
 C.,” or “that A. will at the request of B. and C. do all such acts,” &c. 
 Under covenants in this form the heirs or assigns of B. (in case for 
 instance of a covenant to pay rent of freehold land to B. the lessor), or 
 the executors or administrators of B. (as in case of a mortgage debt 
 payable to B.) will stand precisely in the place of B. Also the survivor 
 of B. and C., or the heirs or assigns, or the executors, administrators, 
 or assigns of such survivor, as the case may be, will stand precisely in 
 the place of B. and C. as if the old full form of covenant had been used. 
 Thus not only are all covenants greatly shortened, but the form of 
 a covenant with several persons is reduced to that of a covenant with 
 one person. The same principle applies to any contract under seal, 
 as, for instance, the proviso for redemption or the proviso for reduction 
 of the rate of interest on a mortgage, and to contracts in a marriage 
 settlement. 
 
 61.—(1.) Where in a mortgage, or an obligation for 
 payment of money, or a transfer of a mortgage or of 
 such an obligation, the sum, or any part of the sum, 
 advanced or owing is expressed to be advanced by or 
 owing to more persons than one out of money, or as 
 money, belonging to them on a joint account, or a 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 109 
 
 mortgage, or such an obligation, or such a transfer is 
 made to more persons than one, jointly, and not in 
 shares, the mortgage money, or other money, or money’s 
 worth for the time being due to those persons on the 
 mortgage or obligation, shall be deemed to be and 
 remain money or money’s worth belonging to those 
 persons on a joint account, as between them and the 
 mortgagor or obligor; and the receipt in writing of the 
 survivors or last survivor of them, or of the personal 
 representatives of the last survivor, shall be a complete 
 discharge for all money or money’s worth for the time 
 being due, notwithstanding any notice to the payer of a 
 severance of the joint account. 
 
 (2.) This section applies only if and as far as a con- 
 trary intention is not expressed in the mortgage, or 
 obligation, or transfer, and shall have effect subject to 
 the terms of the mortgage, or obligation, or transfer, and 
 to the provisions therein contained. 
 
 (3.) This section applies only to a mortgage, or obliga- 
 tion, or transfer made after the commencement of this 
 Act. 
 
 The ordinary joint account clause had two objects: (1) To rebut the 
 presumption in equity that the money was advanced in equal shares, 
 and to convert it into a joint advance; (2) The advance being origin- 
 ally joint, to enable the money, after the death of one of the persons 
 making the advance, to be paid to the survivors or the survivor, or his 
 representatives, without inquiry whether the joint account had been 
 severed, the clause operating in fact as a contract that a severance (if 
 any) should not affect the right of the survivor to give a receipt. Both 
 these objects are effected by the present section. The section applies 
 either where the advance is expressly stated to be on a joint account, 
 or where the security is not expressly made to persons in shares, so 
 that an expression of the joint account is not necessary, though it is 
 convenient as a direct statement of the rights of the mortgagees. 
 
 62.—.(1.) A conveyance of freehold land to the use 
 that any person may have, for an estate or interest not 
 exceeding in duration the estate conveyed in the land, 
 any easement, right, liberty, or privilege in, or over, 
 or with respect to that land, or any part thereof, shall 
 operate to vest in possession in that person that ease- 
 
 SS. 61, 62. 
 
 CONSTRUCTION 
 AND EFFECT 
 or DEEDS 
 AND OTHER 
 INSTRUMENTS. 
 
 Grant of ease- 
 ments, &c., by 
 way of use, 
 
SS. 62, 63, 
 
 CONSTRUCTION 
 AND EFFECT 
 OF DEEDS AND 
 OTHER IN- 
 STRUMENTS. 
 
 No new ease- 
 ment can be 
 created. 
 
 Provision for 
 _ all the estate, 
 &e. 
 
 *¢ All estate 
 clause,” 
 
 110 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 ment, right, liberty, or privilege, for the estate or interest 
 expressed to be limited to him; and he, and the persons 
 deriving title under him, shall have, use, and enjoy the 
 same accordingly. 
 
 (2.) This section applies only to conveyances made 
 after the commencement of this Act. 
 
 The Statute of Uses, 27 Hen. VIII. c. 10, s. 1 (by force, as it seems, 
 of the words, “of and in such like estates”), enabled estates only to 
 be raised by way of use, and s, 5 enabled rent-charges to be raised by 
 way of use. The statute does not contain any section applicable to the 
 creation of other interests de novo (see Beaudely v. Brook, Cro. Jac. 
 189; Bac. Ab. Uses, F.), but s. 1 enabled them when created for a 
 freehold interest to be conveyed to uses, as being hereditaments, Con- 
 sequently under a conveyance to uses or under a power of sale and 
 exchange, a right of way or other easement or liberty could not be 
 created, but being in existence could be conveyed. 
 
 “ Deriving title” means by and according to law, consequently this 
 s. does not confer any new power of transmitting title, nor enable 
 the creation of any new kind of easement, nor make assignable that 
 which was not by law assignable. For instance, a right of way in 
 gross cannot be created capable of assignment: see Ackroyd v. Smith, 
 10 C. B. 164. That there may be an “ estate ” in an incorporeal here- 
 ditament appears by the Statute of Uses, s. 5, which speaks of an 
 estate in an annual rent. 
 
 63.—(1.) Every conveyance shall, by virtue of this 
 Act, be effectual to pass all the estate, right, title, 
 interest, claim, and demand which the conveying parties 
 respectively have in, to, or on the property conveyed, or 
 expressed or intended so to be, or which they respectively 
 have power to convey in, to, or on the same. 
 
 (2.) This section applies only if and as far as a contrary 
 intention is not expressed in the conveyance, and shall 
 have effect subject to the terms of the conveyance and to 
 the provisions therein contained. 
 
 (3.) This section applies only to conveyances made 
 after the commencement of this Act. 
 
 The object of this section is to abolish the “all estate” clause. The 
 section does not say that every conveyance shall be deemed to contain 
 this clause, which might be inconsistent with the terms of conveyance, 
 as the word “ conveyance ” includes “ lease ” (see s. 2 (v.)). It merely 
 confirms a previously existing rule of law, and applies the rule in the 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 111 
 
 same cases, namely, where a contrary intention is not expressed. Even 
 with an express “all estate” clause a lease could not pass the fee for 
 want of the word “heirs” or “fee simple,” and also because the 
 premises would be controlled by the habendum: Co, Lit. 188a; Buck- 
 ler’s Case, 2 Co. 55; Shep. Touch. 113. 
 
 64. In the construction of a covenant or proviso, or 
 other provision, implied in a deed by virtue of this Act, 
 words importing the singular or plural number, or the 
 masculine gender, shall be read as also importing the 
 plural or singular number, or as extending to females, as 
 the case may require. 
 
 XITI.—Lone TErms. 
 
 65.—(1.) Where a residue unexpired of not less than 
 two hundred years of a term, which, as originally created, 
 was for not less than three hundred years, is subsisting 
 in land, whether being the whole land originally com- 
 prised in the term, or part only thereof, without any 
 trust or right of redemption affecting the term in favour 
 of the freeholder, or other person entitled in reversion 
 expectant on the term, and without any rent, or with 
 merely a peppercorn rent or other rent having no money 
 value, incident to the reversion, or having had a rent, 
 not being merely a peppercorn rent or other rent having 
 no money value, originally so incident, which subse- 
 quently has been released, or has become barred by lapse 
 of time, or has in any other way ceased to be payable, 
 then the term may be enlarged into a fee simple in the 
 manner, and subject to the restrictions, in this section 
 
 provided. 
 
 The Statute of Limitations, 3 & 4 Will. 4, c. 27, does not apply 
 to rent reserved on a lease (Grant v. Hillis, 9 Mees. & Welsby, 113; 
 Sugden, Real Prop. Stat. 36, 63, 2nd ed.), but before that Act pre- 
 sumption from lapse of time operated as a bar in cases where the old 
 Act did not apply (Doe v. Prosser, Cowper, 217); and it is conceived 
 that the same principle would hold now, so that after non-payment of 
 rent for a long period it would be presumed to have been released: see 
 Eldridge v. Knott, Cowper, 214. 
 
 SS. 63, 64, 65. 
 
 CONSTRUCTION 
 AND EFFECT 
 OF DEEDS 
 AND OTHER © 
 INSTRUMENTS, 
 
 Construction of 
 implied cove- 
 nants. 
 
 Lone TERMS. 
 
 Enlargement 
 of residue of 
 long term into 
 fee simple. 
 
 Presumption 
 of release of a 
 rent. 
 
112 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 S. 65. (2.) Each of the following persons (namely): 
 Loxa Terms, (1+) Any person beneficially entitled in right of the 
 poo term, whether subject to any incumbrance or 
 not, to possession of any land comprised in 
 the term; but, in case of a married woman, 
 with the concurrence of her husband, unless 
 she is entitled for her separate use, whether 
 with restraint on anticipation or not, and then 
 without his concurrence ; 
 
 If the married woman was married after 1882, or if her beneficial 
 interest in the term was acquired after 1882, she holds it as her 
 separate’ property, whether so expressed or not, under the M. W. P. A. 
 1882, ss, 2 and 5, and her husband’s concurrence is not necessary. 
 
 (ii.) Any person being in receipt of income as trustee, 
 in right of the term, or having the term vested 
 in him in trust for sale, whether subject to any 
 incumbrance or not; 
 
 (ii.) Any person in whom, as personal representative 
 of any deceased person, the term is vested, 
 whether subject to any incumbrance or not; 
 
 shall, as far as regards the land to which he is entitled, 
 or in which he is interested, in right of the term, in any 
 such character as aforesaid, have power by deed to declare 
 to the effect that, from and after the execution of the 
 deed, the term shall be enlarged into a fee simple. 
 
 (3.) Thereupon, by virtue of the deed and of this Act, 
 the term shall become and be enlarged accordingly, and 
 the person in whom the term was previously vested shall 
 acquire and have in the land a fee simple instead of the 
 term. 
 
 Section applies This section enables the conversion into fee simple of a long term in 
 
 to cases where case where it is practically impossible that evidence of title to the 
 
 Babbin « reversion in fee could exist at the expiration of the term, at least where 
 
 value, the reversion is not vested in a corporation, and where also if such 
 evidence did exist the value of the reversion must be infinitesimally 
 small at the time of conversion. 
 
 Old mode of Before the Act 8 & 9 Vict. c. 106, a tortious fee, and for all practical 
 
 acquiring fee. purposes an actual fee, could be acquired by means of a feoffment: see 
 1 Sand. Uses, 80, 5th ed.; 2 2b. 14 et seg. But s. 4 of that Act 
 
 took away the tortious effect of a feoffment, and rendered impossible 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 113 
 
 the acquisition of a fee in place of a term. The usual origin of a long 
 term is a mortgage by demise where the right of redemption has been 
 foreclosed or has been barred by possession and lapse of time. ‘The 
 fact that the land is not freehold is often overlooked, complication of 
 title arises, and the intentions of a testator are sometimes frustrated, the 
 leasehold interest passing under a gift not intended to include it. 
 
 The power to convert into a fee is given to “any person beneficially 
 entitled” “to possession ” (see definition of “ possession,” s. 2 (iii.), 
 ante). Thus a tenant for life, legal or equitable, and whether the land 
 is “subject to any incumbrance or not,” can effect the conversion. A 
 trustee can only convert where the trust is active and he is in receipt 
 of rent. Otherwise the beneficial owner is the person to convert. 
 Thus a trustee under the usual trust for sale and conversion in a will 
 would be the proper person to effect a conversion, but not the trustee 
 under a settlement holding the term on trusts corresponding to the 
 limitation of the freeholds. There the equitable tenant for life would 
 be the proper person. 
 
 A mortgagee cannot convert, as it would be improper to allow him 
 to change the nature of his mortgagor’s estate. But the mortgagor can 
 convert, the conversion being no injury to the mortgagee. 
 
 The effect of subs. 3 is to defeat the reversion in fee in the same 
 way as on a disentail, so that the fee acquired by conversion is free 
 from all dealings affecting the original fee. 
 
 The term capable of being enlarged by this Act has been explained 
 by the Conveyancing Act of 1882, s. 11, which enacts that 
 
 Section sixty-five of the Conveyancing Act of 1881 shall 
 apply to and include, and shall be deemed to have always 
 applied to and included, every such term as in that section 
 mentioned, whether having as the immediate reversion 
 thereon the freehold or not; but not— 
 
 (i.) Any term liable to be determined by re-entry for 
 
 condition broken; or 
 
 (ii.) Any term created by sub-demise out. of a superior 
 
 term, itself incapable of being enlarged into a fee 
 simple. 
 
 It follows that if A. having a lease for 999 years at a substantial 
 rent demised to B. for 500 years without rent, taking a fine, then 
 neither A. under s. 65 of the Act of 1881, nor B. under s. 11 of the 
 Act of 1882 could acquire the fee. ‘The result would be the same if 
 the lease for 999 years be not at a rent, but be liable to be determined 
 by re-entry for condition broken. But if neither the lease nor the sub- 
 lease be at a rent, nor be liable to be determined by re-entry for con- 
 dition broken, then B, could acquire the fee, notwithstanding that his 
 immediate reversion is not the freehold, and could thus defeat A.’s 
 
 T 
 - 
 
 S. 65. 
 
 LonG TERMS. 
 
 Who has power 
 to convert. 
 
 Trustee. 
 
 Mortgagor but 
 not mortgagee, 
 
 Effect of con- 
 version 
 
 CAs Lbe2, 
 Saule 
 
 Amendment 
 of enactment 
 respecting 
 long terms. 
 
S. 65. 
 
 Lone TERMS. 
 
 Where no 
 dealing tenure 
 is changed ; 
 
 contra where 
 a conveyance 
 for value 
 
 114 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 term. A. could also acquire the fee as being entitled to possession 
 (which includes receipt of rents and profits (if any), s. 2 (iii.)) in right of 
 his term (see subs, 2 (i.)), but having done so would be liable to have 
 his estate defeated by the enlargement of B.’s term. 
 
 (4.) The estate in fee simple so acquired by enlarge- 
 ment shall be subject to all the same trusts, powers, 
 executory limitations over, rights, and equities, and to 
 all the same covenants and provisions relating to user 
 and enjoyment, and to all the same obligations of every 
 kind, as the term would have been subject to if it had 
 not been so enlarged. 
 
 (5.) But where any land so held for the residue of a 
 term has been settled in trust by reference to other land, 
 being freehold land, so as to go along with that other 
 land as far as the law permits, and, at the time of 
 enlargement, the ultimate beneficial interest in the term, 
 whether subject to any subsisting particular estate or 
 not, has not become absolutely and indefeasibly vested 
 in any person, then the estate in fee simple acquired as 
 aforesaid shall, without prejudice to any conveyance for 
 value previously made by a person having a contingent 
 or defeasible interest in the term, be lable to be and 
 shall be conveyed and settled in like manner as the 
 other land, being freehold land, aforesaid, and until so 
 conveyed and settled shall devolve beneficially as if it 
 had been so conveyed and settled. 
 
 Under subs. 5, where there has been no dealing for value with the 
 ultimate beneficial interest in the term, and that interest has not 
 become absolutely and indefeasibly vested (as where the term has been 
 settled in the usual way, and no tenant in tail by purchase has attained 
 twenty-one), the land on the enlargement of the term is for all purposes 
 of descent, devise, &c., changed from leasehold to fee simple. It will 
 no longer vest absolutely in the first tenant in tail who attains twenty- 
 one, but will descend under the entail if not disentailed. This result 
 is the same as that produced where leascholds are sold under a power 
 of sale and the proceeds invested in fee simple land. 
 
 Where there has been a conveyance for value the effect of that 
 conveyance is preserved. Thus suppose the settlement to be on A. for 
 life, remainder to his sons successively in tail, remainder to C. in tail, 
 remainder to D. in fee, A. has no son of age, the term has not become 
 absolutely and indefeasibly vested in any person, therefore the estate in 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 115 
 
 fee simple acquired by enlargement should be conveyed to the uses of 
 the settlement, and in the meantime will devolve accordingly as to the 
 equitable interest. But C. will become absolutely entitled to the term 
 in case A. dies without having a son who attains the age of twenty-one 
 or dies under that age without leaving issue inheritable, and if C. has 
 mortgaged this contingent interest then the mortgagee will take the fee 
 obtained by enlargement in the same event in which he would have taken 
 the term, but the equity of redemption will devolve under the entail. 
 If a son of A. attains twenty-one before the enlargement is effected, then 
 he becomes absolutely and indefeasibly entitled to the term, and this 
 subs. 5 does not apply, but under subs. 4 the fee acquired is subject to 
 the same trusts as the term, that is, a trust for the son absolutely, and 
 no disentail is required. Under a will the land will pass as freehold or 
 leasehold, according to its tenure at the time of the testator’s death. 
 
 (6.) The estate in fee simple so acquired shall, whether 
 
 the term was originally created without impeachment of 
 
 waste or not, include the fee simple in all mines and 
 minerals which at the time of enlargement have not 
 been severed in right, or in fact, or have not been severed 
 or reserved by an inclosure Act or award. 
 
 (7.) This section applies to every such term as afore- 
 said subsisting at or after the commencement of this Act. 
 
 Subs. 6 in effect gives to the owner of a fee obtained by enlargement 
 the right to the mines in fee as well as the land, except in those cases 
 where there is a possibility that the mines can be shewn to be vested 
 in some other person than the reversioner in fee. 
 
 Mines severed in right (as by conveyance separately from the land) 
 will also be severed in fact, but the words “iu fact” seem also required 
 to save the title of a person in possession of mines without obliging 
 him to shew that they have been severed in right. 
 
 XIV.—ADOPTION OF ACT. 
 
 66.—(1.) It is hereby declared that the powers given 
 by this Act to any person, and the covenants, provisions, 
 stipulations, and words which under this Act are to be 
 deemed included or implied in any instrument, or are by 
 this Act made applicable to any contract for sale or 
 other transaction, are and shall be deemed in law proper 
 powers, covenants, provisions, stipulations, and words, to 
 be given by or to be contained in any such instrument, 
 
 or to be adopted in connexion with, or applied to, any 
 i 2 
 
 SS. 65, 66. 
 
 Lone TERMS. 
 
 Saves the 
 right to mines 
 not vested in 
 surface owner, 
 
 ADOPTION OF 
 ACT. 
 
 Protection of 
 solicitor and 
 trustees 
 adopting Act. 
 
SS. 66, 67. 
 ADOPTION OF 
 ACT. 
 
 ee ee 
 
 Solicitor’s 
 responsibility 
 in reference to 
 adoption of the 
 Act. 
 
 Adoption by 
 trustees, 
 
 MISCELLA= 
 NEOUS. 
 
 Regulations 
 respecting 
 notice, 
 
 116 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 such contract or transaction ; and a solicitor shall not be 
 deemed guilty of neglect or breach of duty, or become 
 in any way liable, by reason of his omitting, in good 
 faith, in any such instrument, or in connexion with any 
 such contract or transaction, to negative the giving, 
 inclusion, implication, or application of any of those 
 powers, covenants, provisions, stipulations, or words, or 
 to insert or apply any others in place thereof, in any 
 case where the provisions of this Act would allow of his 
 doing so. 
 
 (2.) But nothing in this Act shall be taken to imply 
 that the insertion in any such instrument, or the adoption 
 in connexion with, or the application to, any contract or 
 transaction, of any further or other powers, covenants, 
 provisions, stipulations, or words is improper. 
 
 (3.) Where the solicitor is acting for trustees, executors, 
 or other persons in a fiduciary position, those persons 
 shall also be protected in like manner. 7 
 
 (4.) Where such persons are acting without a solicitor, 
 they shall also be protected in like manner. 
 
 Under this s. a solicitor adopting the Act and framing his drafts 
 so as to incorporate the forms contained in the Act, or so as not 
 to exclude any provisions of the Act, incurs no responsibility, those 
 forms and provisions being by this section declared proper. The same 
 holds as to a trustee or executor. If he uses other forms his responsi- 
 bility remains the same as before the Act. 
 
 Having regard to subs. 3, trustees and executors will probably 
 always require the Act to be adopted, thereby obtaining express 
 statutory protection. 
 
 X V.—MISCELLANEOUS. 
 
 67,—(1.) Any notice required or authorized by this 
 Act to be served shall be in writing. 
 
 (2.) Any notice required or authorized by this Act to 
 be served on a lessee or mortgagor shall be sufficient, 
 although only addressed to the lessee or mortgagor by 
 that designation without his name, or generally to the 
 persons interested without any name, and notwithstanding 
 that any person to be affected by the notice is absent, 
 under disability, unborn, or unascertained. 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 117 
 
 (3.) Any notice required or authorized by this Act to 
 be served shall be sufficiently served if it is left at the 
 last-known place of abode or business in the United 
 Kingdom of the lessee, lessor, mortgagee, mortgagor, or 
 other person to be served, or, in case of a notice required 
 or authorized to be served on a lessee or mortgagor, 1s 
 affixed or left for him on the land or any house or 
 building comprised in the lease or mortgage, or, in case 
 of a mining lease, is left for the lessee at the office or 
 counting-house of the mine. 
 
 (4.) Any notice required or authorized by this Act to 
 be served shall also be sufficiently served, if it is sent by 
 post in a registered letter addressed to the lessee, lessor, 
 mortgagee, mortgagor, or other person to be served, by 
 name, at the aforesaid place of abode or business, office, 
 or counting-house, and if that letter is not returned 
 through the post-office undelivered; and that service 
 shall be deemed to be made at the time at which the 
 registered letter would in the ordinary course be delivered. 
 
 (5.) This section does not apply to notices served in 
 proceedings in the Court. . 
 
 As to service on mortgagor of notice to sell by mortgagee, see note 
 to s. 20 (i.), ante. 
 
 68. The Act described in Part IL of the First 
 Schedule to this Act shall, by virtue of this Act, have 
 the short title of the Statutory Declarations Act, 1835, 
 and may be cited by that short title in any declaration 
 made for any purpose under or by virtue of that Act, or 
 in any other document, or in any Act of Parliament. 
 
 The object of this s. is to render unnecessary the long and cumbrous 
 title of the Act referred to. The Form given in the schedule to that Act 
 will now run thus: I, A. B., do solemnly .... and by virtue of the 
 Statutory Declarations Act, 1835, &c. 
 
 XVI.—CourtT; PROCEDURE; ORDERS. 
 
 69.—(1.) All matters within the jurisdiction of the 
 Court under this Act shall, subject to the Acts regulating 
 
 SS. 67, 68, 69. 
 
 MISCELLA- 
 NEOUS. 
 
 Service on 
 mortgagor. 
 
 Short title of 
 5 & 6 Will. 4, 
 c. 62. 
 
 CouRT; PRO- 
 CEDURE } 
 ORDERS. 
 
 Regulations 
 respecting 
 
I. SS. 69, 70. 
 
 CourT; PRO- 
 CEDURE 5 
 ORDERS. 
 
 payments into 
 Court and 
 applications. 
 
 39 & 40 Vict. 
 Coosa ete 
 
 Orders of 
 Court con- 
 clusive. 
 
 118 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 the Court, be assigned to the Chancery Division of the 
 Court. 
 (2.) Payment of money into Court shall effectually 
 exonerate therefrom the person making the payment. 
 (3.) Every application to the Court shall, except where 
 
 ‘it is otherwise expressed, be by summons at Chambers. 
 
 (4.) On an application by a purchaser notice shall be 
 served in the first instance on the vendor. 
 
 (5.) On an application .by a vendor notice shall be 
 served in the first instance on the purchaser. 
 
 (6.) On any application notice shall be served on such 
 persons, if any, as the Court thinks fit. 
 
 (7.) The Court shall have full power and discretion to 
 make such order as it thinks fit respecting the costs, 
 charges, or expenses of all or any of the parties to any 
 application. 
 
 (8.) General Rules for purposes of this Act shall be 
 deemed Rules of Court within section seventeen of the 
 Appellate Jurisdiction Act, 1876, and may be made 
 accordingly. 
 
 (9.) The powers of the Court may, as regards land in 
 the County Palatine of Lancaster, be exercised also by 
 the Court of Chancery of the County Palatine; and 
 Rules for regulating proceedings in that Court shall be 
 from time to time made by the Chancellor of the Duchy 
 of Lancaster, with the advice and consent of a Judge of 
 the High Court acting in the Chancery Division, and of 
 the Vice-Chancellor of the County Palatine. 
 
 (10.) General Rules, and Rules of the Court of 
 Chancery of the County Palatine, under this Act may 
 be made at any time after the passing of this Act, 
 to take effect on or after the commencement of this 
 Act. 
 
 70.—(1.) An order of the Court under any statutory 
 or other jurisdiction shall not as against a purchaser be 
 invalidated on the ground of want of jurisdiction, or of 
 want of any concurrence, consent, notice, or service, 
 whether the purchaser has notice of any such want or 
 not. 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 119 
 
 (2.) This section shall have effect with respect to any 
 lease, sale, or other act under the authority of the Court, 
 and purporting to be in pursuance of the Settled Estates 
 Act, 1877, notwithstanding the exception in section forty 
 of that Act, or to be in pursuance of any former Act 
 repealed by that Act, notwithstanding any exception in 
 such former Act. 
 
 (3.) This section apples to all orders made before or 
 after the commencement of this Act, except any order 
 which has before the commencement of this Act been 
 set aside or determined to be invalid on any ground, 
 and except any order as regards which an action or 
 proceeding is at the commencement of this Act pending 
 for having it set aside or determined to be invalid. 
 
 This sect. has an important effect in making valid titles under 
 sales by the Court. The order for sale is made conclusive in favour of 
 a purchaser as to jurisdiction (for instance to sell part of a settled 
 estate for any purpose) and as to consent (as of a respondent in a 
 petition under the Settled Estates Act), notice, or service (as where a 
 party to an action or a person served with notice of judgment in an 
 action does not appear). It is also conclusive in favour of a purchaser 
 as to dispensing with the concurrence or consent of persons entitled, 
 whether the objection to the order appears on the face of it or not: 
 Hall Dare’s Contract, 21 Ch. D, 41. This case appears to decide 
 that every order of the right Court is valid in favour of a purchaser, 
 ab. 47. 
 
 Subss. 2 and 3 give this section an important retrospective effect by 
 making valid every past lease or sale under the Settled Estates Acts of 
 1856 and 1877, where no proceedings have been taken to question the 
 sale, notwithstanding that there has been in fact an omission to obtain 
 the required consent under s. 28 of the first Act, or s. 40 of the second 
 Act. 
 
 X VII.—REPEALS. 
 
 71,—(1.) The enactments described in Part IIT. of the 
 Second Schedule to this Act are hereby repealed. 
 
 (2.) The repeal by this Act of any enactment shall 
 not affect the validity or invalidity, or any operation, 
 effect, or consequence, of any instrument executed or 
 made, or of anything done or suffered, before the com- 
 
 SS. 70, 71. 
 
 CouRT; PRO- 
 CEDURE ; 
 ORDERS. 
 
 40 & 41 Vict. 
 ey 18y 8340. 
 
 What matters 
 covered by 
 this section. 
 
 How far retro- 
 spective, 
 
 REPEALS. 
 
 Repeal of 
 enactments 
 in Part III. 
 of Second 
 Schedule ; 
 restriction on 
 all repeals. 
 
SS. 71, 72. 
 
 REPEALS. 
 
 Powers under 
 Lord Cran- 
 worth’s Act 
 preserved. 
 
 IRELAND. 
 
 Modifications 
 respecting 
 Ireland, 
 
 40 & 41 Vict. 
 Gots aos 
 
 120 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 mencement of this Act, or any action, proceeding, or 
 thing then pending or uncompleted; and every such 
 action, proceeding, and thing may be carried on and 
 completed as if there had been no such repeal in this 
 Act; but this provision shall not be construed as qualify- 
 ing the provision of this Act relating to section forty of 
 the Settled Estates Act, 1877, or any former Act repealed 
 by that Act. 
 
 Subs. 2 preserves to the full extent the power of sale given by Lord 
 Cranworth’s Act in case of mortgages prior to 1882. The “ operation 
 and effect” of the mortgage was under that Act to give every mort- 
 gagee a power of sale unless otherwise agreed, and as a “ consequence ” 
 he could sell. This “ operation, effect, and consequence ” are not to be 
 affected by the repeal of the Act. 
 
 As to the effect of the repeals in this s., see Quilter v. Mapleson, 
 9 Q,. B.D. 675, 677, 
 
 X VIITI.—IRELAND. 
 
 72,—(1.) In the application of this Act to Ireland 
 the foregoing provisions shall be modified as in this 
 section provided. 
 
 (2.) The Court shall be Her Majesty’s High Court of 
 Justice in Ireland. 
 
 (3.) All matters within the jurisdiction of that Court 
 shall, subject to the Acts regulating that Court, be 
 assigned to the Chancery Division of that Court; but 
 General Rules under this Act may direct that any of 
 those matters be assigned to the Land Judges of that 
 Division. 
 
 (4.) The proper office of the Supreme Court of Judi- 
 cature in Ireland shall be substituted for the central 
 office of the Supreme Court of Judicature. 
 
 (5.) General Rules for purposes of this Act for Ireland 
 shall be deemed Rules of Court within the Supreme 
 Court of Judicature Act (Ireland), 1877, and may be 
 made accordingly, at any time after the passing of this 
 Act, to take effect on or after the commencement of this 
 
 -Act. 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 121 
 
 73.—(1.) Section five of the Vendor and Purchaser 
 Act, 1874, is hereby repealed from and after the com- 
 mencement of this Act, as regards cases of death there- 
 atter happening; and section seven of the Vendor and 
 Purchaser Act, 1874, is hereby repealed as from the date 
 at which it came into operation. 
 
 (2.) This section extends to Ireland only. 
 
 (a) As to the meaning of a “ bare trustee,” see p. 193 (a), post. 
 
 S. Tae 
 
 oe 
 
 IRELAND. 
 
 Death of bare 
 trustee (a) in- 
 testate, &c. 
 37 & 38 Vict. 
 read Hee 
 
122 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 SCHEDULES. 
 
 SS 
 
 THE FIRST SCHEDULE. 
 
 ACTS AFFECTED (a). 
 Part I. 
 
 1 & 2 Vict. c. 110.—An Act for abolishing arrest on mesne 
 process in civil actions, except in certain cases; for 
 extending the remedies of creditors against the property 
 of debtors; and for amending the laws for the relief of 
 insolvent debtors in England. 
 
 2 & 3 Vict. c. 11.—An Act for the better protection of pur- 
 chasers against judgments, crown debts, lis pendens, 
 and fiats in bankruptcy. 
 
 18 & 19 Vict. c. 15.—An Act for the better protection of 
 purchasers against judgments, crown debts, cases of lis 
 pendens, and life annuities or rentcharges. 
 
 22 & 23 Vict. c. 35.—An Act to further amend the law of 
 property and to relieve trustees. 
 
 23 & 24 Vict. c. 388.—An Act to further amend the law of 
 property. 
 
 23 & 24 Vict. c.115.—An Act to simplify and amend the 
 practice as to the entry of satisfaction on Crown debts 
 and on judgments. 
 
 27 & 28 Vict. c. 112.—An Act to amend the law relating to 
 future judgments, statutes, and recognizances. 
 
 28 & 29 Vict. c. 104.—The Crown Suits, &c. Act, 1865. 
 
 31 & 82 Vict. c. 54.—The Judgments Extension Act, 1868. 
 
 Part II. 
 
 5 & 6 Will. 4, c. 62.—An Act to repeal an Act of the present 
 session of Parliament, intituled “‘ An Act for the more 
 effectual abolition of oaths and affirmations taken and 
 
 (a) The Acts in Part I. of this schedule were affected only by sections 
 of the Bill struck out in the House of Commons, and the reference to 
 them here should also have been struck out. (See Preface to the first 
 edition.) But those sections are now included in s. 2 of the Conveyancing 
 Act of 1882. 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 123 
 
 made in various Departments of the State, and to sub- 
 stitute declarations in lieu thereof; and for the more 
 entire suppression of voluntary and extra-judicial oaths 
 and affidavits ;” and to make other provisions for the 
 abolition of unnecessary oaths. 
 
 THE SECOND SCHEDULE. 
 
 REPEALS. 
 
 A description or citation of a portion of an Act is inclusive 
 of the words, section, or other part, first or last mentioned, 
 or otherwise referred to as furming the beginning, or as 
 forming the end, of the portion comprised in the description 
 or citation. 
 
 Part I. 
 22 & 23 Vict.| An Act to further amend the). i pace: 
 c. 35, in part. law of property and to relieve °F namely 
 trustees ‘ Ne 
 
 Sections four i nine. 
 
 23 & 24 Vict. |'The Common Law Procedure|in part; 
 Guau,simpart.| Act, 18600) 82 eS. { namely,— 
 Section two. 
 
 PASC, 
 
 15 & 16 Vict. | An Act to amend the ting al 
 In part ; 
 
 c.86,in part.| and course of proceeding in 
 namely,— 
 
 the High Court of Chancery . 
 Section forty-eight. 
 
 Part III. 
 
 8 & 9 Vict. c. | An Act to facilitate the convey- 
 119. ance of real property. 
 
 23 & 24 Vict.| An Act to give to trustees, 
 c.145,in part.| mortgagees, and others cer- 
 ‘| tain powers now commonly > 
 inserted in settlements, mort- 
 gages, and wills. 
 Parts IT. and ITI. (sections 
 eleven to ey) (a). 
 
 in part ; 
 namely,— 
 
 (a) Parts I. and LV. of the Act here referred tu have since been repealed 
 by the Settled Land Act, 1882, s. 64. 
 
124 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 THE THIRD SCHEDULE. 
 
 STATUTORY MORTGAGE. 
 Pawn: 
 Deed of Statutory Mortgage. 
 
 Tus InrENTURE made by way of statutory mortgage the 
 
 day of 1882 between A. of [dc.] of the one part 
 and M. of [dc.| of the other part Wurnesseru that in con- 
 sideration of the sum of £ now paid to A. by M. of 
 
 which sum A. hereby acknowledges the receipt A. as mort- 
 
 gagor and as beneficial owner hereby conveys to M. All that 
 
 [dc.| To hold to and to the use of M. in fee simple for 
 
 securing payment on the day of 1883 of the 
 
 principal sum of £ as the mortgage money with 
 
 interest thereon at the rate of | four] per centum per annum, 
 In witness &c. 
 
 *.” Variations in this and subsequent forms to be made, if required, for 
 leasehold land, or other matter. 
 
 Parr IL. 
 
 (A.) 
 Deed of Statutory Transfer, Mortgagor not joining. 
 THis INDENTURE made by way. of statutory transfer of 
 mortgage the day of 1883 between M. of [ &e. | of 
 
 the one part and T. of [dc.] of the other part supplemental 
 to an indenture made by way of statutory mortgage dated 
 
 the day of 1882 and made between [dc.] WitT- 
 NESSETH that in consideration of the sum of £ now paid 
 to M. by 7. being the aggregate amount of £ mortgage 
 
 money and £ + interest due in respect of the said mort- 
 gage of which sum M. hereby acknowledges the receipt M. 
 as mortgagee hereby conveys and transfers to T. the benefit 
 of the said mortgage. 
 
 In witness &e. 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 125 
 
 (B.) 
 Deed of Statutory Transfer, a Covenantor joining. 
 
 THis InpENTURE made by way of statutory transfer of 
 mortgage the day of 1883 between A. of [ éc.| of 
 the first part B. of [dc.] of the second part and C. of [dc. | 
 of the third part supplemental to an indenture made by way 
 
 of statutory mortgage dated the day of 1882 and 
 made between [dc.] WitnesserH that in consideration of 
 the sum of £ now paid to A. by C. being the mortgage 
 
 money due in respect of the said mortgage no interest being 
 now due and payable thereon of which sum A. hereby 
 acknowledges the receipt A. as mortgagee with the concur- 
 rence of B. who joins herein as covenantor hereby conveys 
 and transfers to C. the benefit of the said mortgage. 
 
 In witness &e. 
 
 (C.) 
 Statutory Transfer and Statutory Mortgage combined. 
 
 Tus INDENTURE made by way of statutory transfer of 
 mortgage and statutory mortgage the day of 
 1883 between A. of [dc.] of the Ist part B. of [dc.] of the 
 2nd part and C. of [dc.] of the 3rd part supplemental to an 
 indenture made by way of statutory mortgage dated the 
 day of 1882 and made between [dc.] WHEREAS 
 the principal sum of £ only remains due in respect of 
 the said mortgage as the mortgage money and no interest is 
 now due and payable thereon AND WHEREAS B. is seised in 
 fee simple of the land comprised in the said mortgage subject 
 to that mortgage Now Tais INDENTURE WITNESSETH that in 
 consideration of the sum of £ now paid to A. by C. of 
 which sum A. hereby acknowledges the receipt and B. hereby 
 acknowledges the payment and receipt as aforesaid* A. as 
 mortgagee hereby conveys and transfers to C. the benefit of 
 the said mortgage AND THIS INDENTURE ALSO WITNESSETH that 
 for the same consideration A. as mortgagee and according to 
 his estate and by direction of B. hereby conveys and B. as 
 beneficial owner hereby conveys and confirms to C. All that 
 [dc.] To hold to and to the use of C. in fee simple for 
 
126 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 securing payment on the day of 1882 off the 
 sum of £ as the mortgage money with interest thereon 
 at the rate of [ four] per centum per annum. 
 In witness &e. 
 [Or, in case of further advance, after aforesaid at * insert and 
 
 also in consideration of the further sum of £ now paid 
 by C. to B. of which sum B. hereby acknowledges the receipt, 
 and after of at f insert the sums of £ and £ making 
 together | 
 
 *.* Variations to be made, as required, in case of the deed being made by 
 indorsement, or in respect of any other thing. 
 
 Part III. 
 Deed of Statutory Re-conveyance of Mortgage. 
 
 Tis InDeNTURE made by way of statutory re-conveyance 
 of mortgage the day of 1884 between C. of [| éc.] 
 of the one part and B. of | éc.| of the other part supplemental 
 to an indenture made by way of statutory transfer of mort- 
 gage dated the day of 1883 and made between 
 [dec.| WiurnesseTtH that in consideration of all principal 
 money and interest due under that indenture having been 
 paid of which principal and interest C. hereby acknowledges 
 the receipt C. as mortgagee hereby conveys to B. all the 
 lands and hereditaments now vested in C. under the said 
 indenture ‘To hold to and to the use of B. in fee simple 
 discharged from all principal money and interest secured by 
 and from all claims and demands under the said indenture. 
 
 In witness &c. 
 
 *.* Variations as noted above. 
 
 THE FOURTH SCHEDULE. 
 
 SHORT FORMS OF DEEDS. 
 L.— Mortgage. 
 Tas LypeNTURE OF Morteace made the day of 
 1882 between A. of [dc.] of the one part and B. of [dc.}] and 
 
 C. of {dc.] of the other part Wurnesseru that in considera- 
 tion of the sum of £ paid to A. by B. and C. out of 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 127 
 
 money belonging to them on a joint account of which sum 
 A. hereby acknowledges the receipt A. hereby covenants 
 with B. and C. to pay to them on the day of 
 1882 the sum of £ with interest thereon in the mean- 
 time at the rate of [ four] per centum per annum and also as 
 long after that day as any principal money remains due 
 under this mortgage to pay to B. and C. interest thereon at 
 the same rate by equal half-yearly payments on the 
 day of and the day of AND THIS INDENTURE 
 ALSO WITNESSETH that for the same consideration A. as bene- 
 ficial owner hereby conveys to B. and C. All that [de.] To 
 hold to and to the use of B. and C. in fee simple subject to 
 the proviso for redemption following (namely) that if A. or 
 any person claiming under him shall on the day of 
 
 1882 pay to B. and C. the sum of £ and interest 
 thereon at the rate aforesaid then B. and C. or the persons 
 claiming under them will at the request and cost of A. or 
 the persons claiming under him re-convey the premises to A. 
 or the persons claiming under him Awnp A. hereby covenants 
 with B. as follows [here add covenant as to fire insurance or 
 other special covenant required |. 
 
 In witness, &c. 
 
 II.—Further Charge. 
 
 Tunis INDENTURE made the day of 18 between 
 [the same parties as the foregoing mortgage] and supplemental 
 to an indenture of mortgage dated the day of 
 
 18 and made between the same parties for securing the 
 sum of £ and interest at [ fowr] per centum per annum 
 on property at [dc.] WurnesserH that in consideration of 
 the further sum of £ paid to A. by B. and C. out of 
 money belonging to them on a joint account [add receipt and 
 covenant as in the foregoing mortgage | and further that all the 
 property comprised in the before-mentioned indenture of 
 mortgage shall stand charged with the payment to B. and C. 
 of the sum of £ and the interest thereon hereinbefore 
 covenanted to be paid as well as the sum of £ and 
 interest secured by the same indenture. 
 
 In witness, &c. 
 
128 CONVEYANCING AND LAW OF PROPERTY ACT. 
 
 III.—Conveyance on Sale. 
 
 Tis INDENTURE made the day of 1883 between 
 A. of [dc.] of the 1st part B. of [dc.] and C. of [éc.] of the 
 2nd part and M. of [dc.] of the 3rd part Wuereas by an 
 indenture dated [dc.]| and made between [dc.] the lands 
 hereinafter mentioned were conveyed by A. to B. and C. in 
 fee simple by way of mortgage for securing £ and 
 interest and by a supplemental indenture dated [dc.| and 
 made between the same parties those lands were charged by 
 A. with the payment to B. and C. of the further sum of 
 £ and interest thereon AND WHEREAS a principal sum 
 of £ remains due under the two before-mentioned 
 indentures but all interest thereon has been paid as B. and 
 C. hereby acknowledge Now tTuis INDENTURE WITNESSETH 
 that in consideration of the sum of £ paid by the 
 direction of A. to B. and C. and of the sum of £ paid 
 to A. those two sums making together the total sum of 
 £ paid by M. for the purchase of the fee simple of the 
 lands hereinafter mentioned of which sum of £ B. and 
 C. hereby acknowledge the receipt and of which total sum of 
 £ A. hereby acknowledges the payment and receipt jn 
 manner before-mentioned B. and C. as mortgagees and by 
 the direction of A. as beneficial owner hereby convey and A. 
 as beneficial owner hereby conveys and confirms to M. All 
 that [de.] ‘To hold to and to the use of M. in fee simple 
 discharged from all money secured by and from all claims 
 under the before-mentioned indentures [Add, if required, 
 And A. hereby acknowledges the right of M. to production 
 of the documents of title mentioned in the Schedule hereto 
 and to delivery of copies thereof and hereby undertakes for 
 the safe custody thereof. 
 
 In witness, &e. 
 [The Schedule above referred to. 
 
 To contain list of documents retained by A.] 
 
 IV.—Marriage Settlement. 
 
 Tuis INDENTURE made the day of 1882 between 
 John M. of (dc.| of the Ist part Jane S. of [dc.] of the 2nd 
 part and X. of [dc.| and Y. of [dc.] of the 3rd part WITNESSETH 
 that in consideration of the intended marriage between John 
 
CONVEYANCING AND LAW OF PROPERTY ACT. 129 
 
 M. and Jane S. John M. as settlor hereby conveys to X. and 
 Y. All that [de.] To hold to X. and Y. in fee simple to the 
 use of John M. in fee simple until the marriage and after the 
 marriage to the use of John M. during his life without 
 impeachment of waste with remainder after his death to the 
 use that Jane S.if she survives him may receive during the 
 rest of her hfe a yearly jomture rentcharge of £ to 
 commence from his death and to be paid by equal half-yearly 
 payments the first thereof to be made at the end of six 
 calendar months from his death if she is then living or if 
 not a proportional part to be paid at her death and subject 
 to the before-mentioned rentcharge to the use of X. and Y. 
 for a term of five hundred years without impeachment of 
 waste on the trusts hereinafter declared and subject thereto 
 to the use of the first and other sons of John M. and Jane S. 
 successively according to seniority in tail male with re- 
 mainder [insert here, if thought desirable, to the use of the 
 same first and other sons successively according to seniority 
 in tail with remainder] to the use of all the daughters of 
 John M. and Jane S. in equal shares as tenants in common in 
 tail with cross remainders between them in tail with re- 
 mainder to the use of John M. in fee simple [Insert trusts of 
 term of 500 years for raising portions ; also, if required, power to 
 charge jointure and portions on a future marriage ; also powers of 
 sale, exchange, and partition (a), and other powers and provisions, 
 if and as desired |. 
 In witness &c. 
 
 (a) Powers of sale, exchange, and partition are now supplied by the 
 Settled Land Act, 1882, and should be omitted, For the same reason, 
 powers of enfranchisement and leasing should also be omitted. 
 
TR 
 — 
 
 Preliminary. 
 
 Short titles ; 
 commence- 
 
 ment; extent; 
 interpretation. 
 
 44 & 45 Vict. 
 ec. 41. 
 
 What sections 
 retrospective. 
 
 130 THE CONVEYANCING ACT, 1882. 
 
 CHAPTER IV. 
 THE CONVEYANCING ACT, 1882. 
 45 & 46 VICT. c. 39. 
 
 An Act for further improving the Practice of Conveyancing ; 
 and for other purposes. [10th August, 1882. | 
 
 Br it enacted by the Queen’s most Excellent Majesty, 
 by and with the advice and consent of the Lords Spiritual 
 and Temporal, and Commons, in this present Parliament 
 assembled, and by the authority of the same, as follows: 
 
 Preliminary. 
 
 1.—(1.) This Act may be cited as the Conveyancing 
 Act, 1882; and the Conveyancing and Law of Property 
 Act, 1881 (in this Act referred to as the Conveyancing 
 Act of 1881) and this Act may be cited together as the 
 Conveyancing Acts, 1881, 1882. 
 
 (2.) This Act, except where it is otherwise expressed, 
 shall commence and take effect. from and immediately 
 after the thirty-first day of December one thousand eight 
 hundred and eighty-two, which time is in this Act 
 referred to as the commencement of this Act. 
 
 Ss. 5-6, and s. 7, subs. 3, and s. 11 are retrospective, except in case 
 of s. 5 as to pending actions, 
 
 (3.) This Act does not extend to Scotland. 
 
 (4.) In this Act and in the Schedule thereto— 
 
 (i.) Property includes real and personal property, and 
 any debt, and any thing in action, and any other 
 right or interest in the nature of property, 
 whether in possession or not; 
 
 (ii.) Purchaser includes a lessee or mortgagee, or an 
 intending purchaser, lessee, or mortgagee, or 
 
THE CONVEYANCING ACT, 1882. 131 
 
 other person, who, for valuable consideration, 
 takes or deals for property, and purchase has a 
 meaning corresponding with that of purchaser ; 
 
 (ii.) The Act of the session of the third and fourth 
 years of King William the Fourth (chapter 
 seventy-four) “for the abolition of Fines and 
 “ Recoveries, and for the substitution of more 
 “simple modes of Assurance” is referred to as 
 the Fines and Recoveries Act: and the Act of 
 the session of the fourth and fifth years of King 
 William the Fourth (chapter ninety-two) “ for 
 “the abolition of Fines and Recoveries, and 
 “ for the substitution of more simple modes of 
 “ Assurance in Ireland” is referred to as the 
 Fines and Recoveries (Ireland) Act. 
 
 Searches. 
 
 2.—(1.) Where any person requires, for purposes of 
 this section, search to be made in the Central Office 
 of the Supreme Court of Judicature for entries of judg- 
 ments, deeds, or other matters or documents, whereof 
 entries are required or allowed to be made in that office 
 by any Act described in Part I. of the First Schedule 
 to the Conveyancing Act of 1881, or by any other Act, 
 he may deliver in the office a requisition in that behalf, 
 referring to this section. 
 
 In respect to deeds this s. applies to those of which entries only 
 are made, as a deed creating a rentcharge: it does not apply to deeds 
 enrolled under any Act or statutory rule (see subs. 11 and note). A 
 search would not usually be made for deeds enrolled under any Act or 
 statutory rule. But search for disentailing deeds may in some cases 
 be necessary: see note at the end of this s. infra, p. 134. 
 
 (2.) Thereupon the proper officer shall diligently make 
 the search required, and shall make and file in the office 
 a certificate setting forth the result thereof; and office 
 copies of that certificate shall be issued on requisition, 
 and an office copy shall be evidence of the certificate. 
 
 (3.) In favour of a purchaser, as against persons in- 
 terested under or in respect of judgments, deeds, or other 
 
 K 2 
 
 sit 1,22. 
 
 Preliminary. 
 
 3 & 4 Will. 4. 
 c. 74. 
 
 4&5 Will. 4. 
 c. 92. 
 
 Searches. 
 
 Official nega- 
 tive and other 
 certificates of 
 searches for 
 judgments, 
 crown debts, 
 
 Ke. 
 
 Search not 
 usual for 
 enrolled deeds. 
 
S. 2. 
 
 Searches. 
 
 39 & 40 Vict. 
 c. 59. 
 44 & 45 Vict. 
 c. 68. 
 
 132 THE CONVEYANCING ACT, 1882. 
 
 matters or documents, whereof entries are required or 
 allowed as aforesaid, the certificate according to the 
 tenour thereof, shall be conclusive, affirmatively or 
 negatively, as the case may be. 
 
 See definition of purchaser, s. 1 (4), (ii.). 
 
 (4.) Every requisition under this section shall be in 
 writing, signed by the person making the same, specify- 
 ing the name against which he desires search to be made, 
 or in relation to which he requires an office copy certifi- 
 cate of result of search, and other sufficient particulars ; 
 and the person making any such requisition shall not be 
 entitled to a search, or an office copy certificate, until 
 he has satisfied the proper officer that the same is 
 required for the purposes of this section. 
 
 (5.) General Rules shall be made for purposes of this 
 section, prescribing forms and contents of requisitions 
 and certificates, and regulating the praetice of the office, 
 and prescribing, with the concurrence of the Commis- 
 sioners of Her Majesty’s Treasury, the fees to be taken 
 therein; which Rules shall be deemed Rules of Court 
 within section seventeen of the Appellate Jurisdiction 
 Act, 1876, as altered by section nineteen of the Supreme 
 Court of Judicature Act, 1881, and may be made, at any 
 time after the passing of this Act, to take effect on or 
 after the commencement of this Act. 
 
 See the rules under this s. infra, pp. 166-178. 
 
 (6.) If any officer, clerk, or person employed in. the 
 office commits, or is party or privy to, any act of fraud 
 or collusion, or is wilfully negligent, in the making of 
 or otherwise in relation to any certificate or office copy 
 under this section, he shall be guilty of a misdemeanour. 
 
 (7.) Nothing in this section or in any Rule made 
 thereunder shall take away, abridge, or prejudicially 
 affect any right which any person may have indepen- 
 dently of this section to make any search in the office ; 
 and every such search may be made as if this section or 
 any such Rule had not been enacted or made. 
 
THE CONVEYANCING ACT, 1882. 133 
 
 (8.) Where a solicitor obtains an office copy certificate 
 of result of search under this section, he shall not be 
 answerable in respect of any loss that may arise from 
 error in the certificate. 
 
 (9.) Where the solicitor is acting for trustees, execu- 
 tors, agents, or other persons in a fiduciary position, 
 those persons also shall not be so answerable. 
 
 (10.) Where such persons obtain such an office copy 
 without a solicitor, they shall also be protected in like 
 manner, : | 
 
 (11.) Nothing in this section applies to deeds inrolled 
 under the Fines and Recoveries Act, or under any other 
 Act, or under any statutory Rule. 
 
 (12.) This section does not extend to Ireland. 
 
 A list of the searches to be made by a purchaser wil be found given 
 in Dart, V. & P. vol. i. p. 455, 5th Hd. It is here only necessary to 
 refer shortly to some of them. 
 
 The search for judgments registered under 1 & 2 Vict. c. 110, and 
 requiring to be re-registered every five years under 2 & 8 Vict. c. 11, 
 now only applies to judgments entered upon or before 23rd July, 1860. 
 Judgments entered up between that day and 30th July, 1864 (whether 
 there be notice or not) do not affect a purchaser or mortgagee except 
 upon writ issued and registered and execution levied within three 
 calendar months after registration (23 & 24 Vict. c. 38). But the writ 
 had to be registered in the name of the creditor, and not of the debtor 
 (s. 2). In order, therefore, to search for writs of execution on judg- 
 ments between 23rd July, 1860, and 30th July, 1864, it is necessary 
 (1) to search for judgments against the owner between those dates, and 
 having thus found the name of a judgment creditor (if any), then 
 (2) to search for writs of execution in that name for three calendar 
 months preceding the search. ‘This search, again, is only necessary in 
 respect of judgments entered up to and including the 29th July, 1864. 
 Judgments entered up after that day do not under 27 & 28 Vict. 
 c. 112, affect land of any tenure until actually delivered in execution, 
 so that a purchaser or mortgagee has only to see that the vendor or 
 mortgagor is in possession at the time of completion. If therefore the 
 age of the vendor or mortgagor is such that no judgment could have 
 been obtained against him on or before 29th July, 1864, search for 
 judgments against him is not necessary if he is in possession. But 
 lands may be actually delivered in execution without any registration 
 of the writ under 27 & 28 Vict. c. 112, and in cases where there is any 
 supposed liability to an execution the best course is to ascertain, as 
 late as practicable before completion, whether there is any writ in the 
 
 ees 
 
 Searches. 
 
 3 & 4 Will. 4. 
 c. 74." 
 
 Searches 
 generally. 
 
 Judgments. 
 
 Writs of 
 execution on 
 judgments. 
 
 Registration of 
 writs under 23 
 & 24Vict.c. 38. 
 
S. 2. 
 
 — 
 
 Searches. 
 
 Registration 
 under 27 & 28 
 Vict. c. 112. 
 No re- 
 registration. 
 
 wn debts. 
 
 Lis pendens. 
 
 Annuities. 
 
 Disentailing 
 deeds. 
 
 Bankruptcies. 
 
 Insolvencies. 
 
 Extent of 
 search. 
 
 134 THE CONVEYANCING ACT, 1882. 
 
 hands of the sheriff. By s. 3 of that Act, the writ is only required to 
 be registered after the land shall have been actually delivered in execu- 
 tion; but this registration must be in the name of the judgment 
 debtor, and no other or prior registration of the judgment is necessary. 
 
 No re-registration of writs of execution is required. 
 
 Crown debts are liable to continue in force against the debtor longer 
 than judgments, the most common obligation to the Crown being the 
 bond given on release of a railway deposit, but the cases must be rare in 
 which a Crown debt before 4th June, 1839, is now subsisting so as_to 
 necessitate a search at the Exchequer office. Crown debts after that date 
 are required to be registered (2 & 3 Vict. c. 11, s. 8) ; and, in order to bind 
 purchasers, mortgagees or creditors becoming such after 3lst December, 
 1859, to be re-registered every five years (22 & 23 Vict. c. 35,s. 22). So 
 that fora Crown debt from 4th June, 1839, up to and including Ist 
 November, 1865, a search for five years only is required. As to Crown 
 debts after the latter date, the search must be for writs“of execution 
 under 28 & 29 Vict. c. 104, s. 48, but there is no three months’ limit 
 as there was in ease of executions on ordinary judgments under 23 & 24 
 Vict..c. 38. 
 
 A lis pendens must be re-registered every five years (2 & 3 Vict. c. 11, 
 s. 7), and the search should extend over that period. 
 
 The search for old enrolled grants of annuities can now rarely, if ever, 
 be necessary. 
 
 The search for entries of grants of rentcharges after 26th April, 1855, 
 registered under 18 & 19 Vict. c. 15, s. 12, should be from the com- 
 mencement of the register if the person against whom search is made 
 acquired the property and attained twenty-one before that day, but 
 otherwise from the date of conveyance to him or the date when he 
 attained twenty-one, whichever last happened. 
 
 In case of entailed property a search for enrolled deeds of disentail 
 from the time when the tenant in tail attained twenty-one may be 
 advisable. He may have given a security while his estate was rever- 
 sionary, thereby creating a base fee, and yet the deeds might be in his 
 possession without any default on the part of the creditor. 
 
 The search for bankruptcies must still be made by the purchaser’s 
 solicitor until means are afforded for an official search. 
 
 The search for insolvencies can rarely now be necessary. 
 
 The practice is to make the above searches only since the last pre- 
 ceding sale or mortgage, and not to search against preceding owners, 
 it being assumed that they made proper searches and found nothing 
 adverse; but it may be observed that the same practice is not generally 
 observed in the case of searches in the Yorkshire, Middlesex, and Irish 
 Deeds Registries. 
 
 The searches tor judgments, lis pendens, and Crown debts may be 
 limited in each case to the period of five years back from the time of 
 search, but they should be made in the names of all persons who were 
 
THE CONVEYANCING ACT, 1882. 135 
 
 owners since the last purchase or mortgage (see Benham v. Keane, 
 1 J. & H. 685, 708) except where it is known that an owner had not 
 attained twenty-one on 29th July, 1864. 
 
 Writs of execution on Crown debts are entered in the same register 
 as those on judgments under 27 & 28 Vict. c. 112 (Dart, voli. p. 495, 
 5th Ed.), and the time for search is not limited except by the com- 
 mencement of the register (1st November, 1865) under 28 & 29 Vict. 
 c. 104, so that the search for executions must be made generally back to 
 that date, and the certificate will include executions (if any) on ordinary 
 judgements as well as those on Crown debts (see note to Rules, Form VI. 
 infra, p. 174). It would simplify the search if separate registers were 
 kept, the number of executions on Crown debts being no doubt compa- 
 ratively small, and the search for other executions being seldom 
 necessary. 
 
 The only search necessary against trustees, or mortgagees, is for lis 
 pendens. It is not necessary to make any search against mortgagees 
 who have been paid off: see 18 & 19 Vict. c. 15, s, 11. 
 
 Where the vendor or mortgagor has in his possession certificates of 
 official searches they ought now to be shewn on the abstract. 
 
 In Procter v. Cooper (2 Drew. 1) a purchaser making a search for 
 judgments was held to have notice of an incumbrance which he failed 
 to discover. The official certificate is now conclusive on all matters 
 within this section, and the solicitor should rely on that, and not search 
 himself. 
 
 Subs. 11 excludes from the operation of this s. all enrolled deeds, the 
 object being to make the official certificate binding only on those who 
 make use of the office register for recording their incumbrances, and 
 not to affect the validity of any actual conveyance upon which the 
 title to land depends, as in case of a disentailing assurance. But a 
 search for enrolled deeds, though so excluded, can be asked for 
 (Form III. post, p. 170), and a certificate of search will be obtained 
 (Form VII.) It is conceived that a solicitor will be justified in relying 
 on the official certificate so obtained, though this s. does not expressly 
 exonerate him (a). ‘The Court could scarcely make him answerable 
 for an omission by its own officer. 
 
 If the certificate of search discloses an enrolled deed material to the 
 title, an office copy of the enrolment may be obtained under the 5th 
 of the Rules under s. 2 of C. A. 1882, p. 167, infra. An office copy 
 is made evidence of the enrolment by 12 & 13 Vict.c.109,s.19. By 
 s. 18 of that Act a certificate of enrolment is authorised to be endorsed 
 
 (a) The bill as originally framed exonerated the solicitor, but did 
 not make the certificate conclusive against persons deriving title under 
 an enrolled deed. In the amendments made during the progress of the 
 bill this exoneration appears to have been lost sight of. 
 
 S. 2. 
 
 Searches. 
 
 Writs of 
 execution on 
 Crown debts. 
 
 Trustees. 
 Mortgagees 
 who are paid 
 off. 
 Certificates of 
 searches to be 
 abstracted. 
 Certificate 
 conclusive. 
 
 Enrolled deeds. 
 
 Office copy 
 and certificate 
 of enrolment. 
 
SS. 2, 3. 
 
 Searches. 
 
 Notice. 
 
 Restriction on 
 constructive 
 notice, 
 
 136 THE CONVEYANCING ACT, 1882. 
 
 on every enrolled deed certifying the day of enrolment, and when 
 sealed and stamped with the seal of the Enrolment Office, is evidence 
 that the deed was enrolled on the day mentioned in the certificate. 
 
 Notice. 
 
 3,—(1.) A purchaser shall not be prejudicially affected 
 by notice of any instrument, fact, or thing, unless— 
 
 (i.) It is within his own knowledge, or would have 
 come to his knowledge if such inquiries and 
 inspections had been made as ought ere 
 to have been made by him; or 
 
 (ii.) In the same transaction ah respect to mai a 
 question of notice to the purchaser arises, it has 
 come to the knowledge of his counsel, as such, 
 or of his solicitor, or other agent, as such, or 
 would have come to the knowledge of his soli- 
 citor, or other agent, as such, if such inquiries 
 and inspections had been made as ought reason- 
 ably to have been made by the solicitor or other 
 agent. 
 
 (2.) This section shall not exempt a purchaser from 
 any lability under, or any obligation to perform or 
 observe, any covenant, condition, provision, or restriction 
 contained in any instrument under which his title is 
 derived, mediately or immediately ; and such liability or 
 obligation may be enforced in the same manner and to 
 the same extent as if this section had not been enacted. 
 
 (3.) A purchaser shall not by reason of anything in 
 this section be affected by notice in any case where he 
 would not have been so affected if this section had not 
 been enacted. 
 
 (4.) This section apples to purchases made either 
 before or after the commencement of this Act; save that, 
 where an action is pending at the commencement of this 
 Act, the rights of the parties. shall not be affected by 
 this section. 
 
 Subs. (ii.) prevents constructive notice under such circumstances as 
 those in Hargreaves v. Rothwell, 1 Keen. 160. A purchaser cannot 
 
THE CONVEYANCING ACT, 1882. 137 
 
 avoid constructive notice by omitting to investigate the title, even 
 though the law under an open contract precludes investigation (Patman 
 v. Harland, 17 Ch. D. 353). Under subs. (ii.) there will be the same 
 equitable remedy by injunction as before the Act. 
 
 Leases. 
 
 4.—(1.) Where a lease is made under a power con- 
 tained in a settlement, will, Act of Parliament, or other 
 instrument, any preliminary contract for or relating to 
 the lease shall not, for the purpose of the deduction of 
 title to an intended assign, form part of the title, or 
 evidence of the title, to the lease. 
 
 (2.) This section applies to leases made either before 
 or after the commencement of this Act. 
 
 The effect of this s. is merely to prevent a purchaser of the lease 
 after it is granted, requiring as part of his title an abstract and pro- 
 duction of the contract under which it was granted ; thus placing the 
 contract in the same position as a document shewing the freeholder’s 
 title under V. & P. A.s, 2. 
 
 Separate Trustees. 
 
 5.—(1.) On an appointment of new trustees, a separate 
 set of trustees may be appointed for any part of the trust 
 property held on trusts distinct from those relating to 
 any other part or parts of the trust property; or, if only 
 one trustee was originally appointed, then one separate 
 trustee may be so appointed for the first-mentioned part. 
 
 (2.) This section applies to trusts created either before 
 or after the commencement of this Act. 
 
 Plural includes singular, so that the words “on appointment of 
 new trustees” include an appointment of one new trustee. Also the 
 appointment need not be an appointment of trustees for the whole of 
 the funds. The case contemplated by the s. is an appointment of a 
 new trustee for one fund, and if a new trustee can be appointed for 
 that one, it necessarily follows that the old trustee retires from that 
 one. A power to retire is never expressly given where the retirement is 
 consequent on a new appointment. 
 
 The Court has appointed separate sets of trustees for distinct trusts, on 
 petition under the Trustee Acts (see Re Cotterill’s Trusts, W. N. 1869, 
 p. 183 ; Lewin on Trusts, 865 n., 6th ed.) 
 
 It is conceived that this s. applies where a set of distinct trusts are 
 
 SShgudew: 
 
 Notice. 
 
 Leases. 
 
 Contract for 
 lease not part 
 of title to lease. 
 
 Effect of s. 4. 
 
 Separate 
 Trustees. 
 
 Appointment 
 of separate 
 sets of trustees, 
 
 This s. applies 
 to any ap- 
 pointment. 
 
SS. 5, 6, 7. 
 
 Separate 
 Trustees. 
 
 Powers. 
 
 Disclaimer of 
 power by 
 trustees. 
 
 Disclaimer of 
 powers. 
 
 Married 
 Women. © 
 
 Acknowledg- 
 ment of deeds 
 by married 
 women. 
 
 138 - THE CONVEYANCING ACT, 1882. 
 
 for the time being iu force as to a fund, though there may be an ulti- 
 mate limitation over by reference to the trusts of some other fund. The 
 reference is merely to save repetition, and does not make the two funds 
 into one, though in certain cases there will be no duplication of 
 charges: see [Hindle v. Taylor,5 D. M. & G. 577; Cooper v. Mac- 
 donald, L. R. 16 Eq. 258. 
 
 Powers. 
 
 6,—(1.) A person to whom any power, whether coupled 
 with an interest or not, is given, may, by deed, disclaim 
 the power ; and, after disclaimer, shall not be capable of 
 exercising or joining in the exercise of the power. 
 
 (2.) On such disclaimer, the power may be exercised 
 by the other or others, or the survivors or survivor of the 
 others, of the persons to whom the power is given, unless 
 the contrary is expressed in the instrument creating the 
 power. 
 
 (8.) This section applies to powers created by instru- 
 ments coming into operation either before or after the 
 commencement of this Act. 
 
 C. A. s. 52 enables the release of a power whether coupled with an 
 interest or not, thereby extinguishing it,so that several trustees concurring 
 can absolutely preclude themselves from ever exercising the power, but 
 it does not enable one trustee alone to disclaim as he could disclaim a 
 trust estate, so as to vest the power in the other trustees. This s. puts 
 disclaimer of a power on the same footing as disclaimer of an estate 
 (see Sugd. Powers, p. 50, 8th ed.) 
 
 Married Women. 
 
 7.—(1.) In section seventy-nine of the Fines and 
 Recoveries Act, and section seventy of the Fines and 
 Recoveries (Ireland) Act, there shall, by virtue of this 
 Act, be substituted for the words “two of the perpetual 
 commissioners, or two special commissioners,” the words 
 “one of the perpetual commissioners, or one special com- 
 missioner ”; and in section eighty-three of the Fines and 
 Recoveries Act, and section seventy-four of the Fines 
 and Recoveries (Ireland) Act, there shall, by virtue of 
 this Act, be substituted for the word “persons” the 
 
THE CONVEYANCING ACT, 1882. 139 
 
 word “person,” and for the word “commissioners” the 
 words “a commissioner;” and all other provisions of 
 those Acts, and all other enactments having reference in 
 any manner to the sections aforesaid, shall be read and 
 have effect accordingly. 
 
 (2.) Where the memorandum of acknowledgment by 
 a married woman of a deed purports to be signed by a 
 person authorized to take the acknowledgment, the deed 
 shall, as regards the execution thereof by the married 
 woman, take effect at the time of acknowledgment, 
 and shall be conclusively taken to have been duly 
 acknowledged. 
 
 The sections of the Fines and Recoveries Acts as they now stand, 
 consequent on this repeal, will be found at p. 146, infra. The new 
 form of memorandum is given in the Rules, infra, p. 165. 
 
 The effect of this section is: 
 
 1. To substitute one perpetual or special commissioner in place 
 of two. 
 
 2. To make a memorandum of acknowledgment indorsed on the 
 deed sufficient, without any separate certificate to be filed. 
 
 But under the M. W. P. A. every woman married after 1882, and 
 every other married woman, as to property acquired after that year, is 
 in the position of a feme sole, and can convey without any acknow- 
 ledgment. 
 
 (3.) A deed acknowledged before or after the com- 
 mencement of this Act by a married woman, before a 
 judge of the High Court of Justice in England or Ireland, 
 or before a judge of a county court in England, or before 
 a chairman in Ireland, or before a perpetual commis- 
 sioner or a special commissioner, shall not be impeached 
 or impeachable by reason only that such judge, chairman, 
 or commissioner was interested or concerned either as a 
 party, or as solicitor, or clerk to the solicitor for one of 
 the parties, or otherwise, in the transaction giving occasion 
 for the acknowledgment; and General Rules shall be 
 made for preventing any person interested or concerned 
 as aforesaid from taking an acknowledgment; but no 
 such Rule shall make invalid any acknowledgment; and 
 those Rules shall, as regards England, be deemed Rules 
 of Court within section seventeen of the Appellate Juris- 
 
 Effect of s. 7 ; 
 
 and of 
 M. W. P. A. 
 
 39 & 40 Vict. 
 c. 59. 
 
Dis 
 
 Married 
 Women. 
 
 44 & 45 Vict. 
 c. 68. 
 40 & 41 Vict. 
 c. 57 
 
 140 THE CONVEYANCING ACT, 1882. 
 
 diction Act, 1876, as altered by section nineteen of the 
 Supreme Court of Judicature Act, 1881, and shall, as 
 regards Ireland, be deemed Rules of Court within the 
 Supreme Court of Judicature Act (Ireland), 1877, and 
 may be made accordingly, for England and Ireland 
 respectively, at any time after the passing of this Act, to 
 take effect on or after the commencement of this Act. 
 
 See rules under this s., infra, pp. 164-166. 
 
 (4.) The enactments described in the Schedule to this 
 Act are hereby repealed. 
 
 (5.) The foregoing provisions of this section, including 
 the repeal therein, apply only to the execution of 
 deeds by married women after the commencement of 
 this Act. 
 
 (6.) Notwithstanding the repeal or any other thing in 
 this section, the certificate, if not lodged before the com- 
 mencement of this Act, of the taking of an acknowledg- 
 ment by a married woman of a deed executed before the 
 commencement of this Act, with any affidavit relating 
 thereto, shall be lodged, examined, and filed in the like 
 manner, and with the like effects and consequences as if 
 this section had not been enacted. 
 
 (7.) There shall continue to be kept in the proper office 
 of the Supreme Court of Judicature an index to all 
 certificates of acknowledgments of deeds by married 
 women lodged therein, before or after the commence- 
 ment of this Act, containing the names of the married 
 women and their husbands, alphabetically arranged, and 
 the dates of the certificates and of the deeds to which 
 they respectively relate, and other particulars found con- 
 venient ; and every such certificate lodged after the com- 
 mencement of this Act shall be entered in the index as 
 soon as may be after the certificate is filed. 
 
 (8.) An office copy of any such certificate filed before 
 or after the commencement of this Act shall be delivered 
 to any person applying for the same; and every such 
 office copy shall be received as evidence of the acknowlede- 
 ment of the deed to which the certificate refers. 
 
THE CONVEYANCING ACT, 1882. 141 
 
 See forms of requisition for search for certificates of acknowledg- 
 ments, infra, p. 172. 
 
 Subs. 3 applies to deeds acknowledged before or after 1882, and 
 subs. 5 applies to the execution of deeds after 1882. So far as regards 
 the interest of the person since the Act, or either of the persons before 
 the Act taking an acknowledgment, the deed is unimpeachable, whether 
 executed before or after 1882. But so far as regards the manner of 
 acknowledgment, the Act applies only to deeds executed after 1882. 
 
 Certificates lodged after the commencement of the Act referred to 
 in this subs. necessarily mean the certificates of acknowledgments 
 taken but not lodged before the Act. An index of certificates of 
 acknowledgment has still to be kept, to enable searches in regard to 
 deeds executed before the Act. An official search can be obtained 
 under the new Rules (see p. 175, infra). 
 
 Powers of Attorney. 
 
 8,—(1.) If a power of attorney, given for valuable 
 consideration, is in the instrument creating the power ex- 
 pressed to be irrevocable, then, in favour of a purchaser,-— 
 
 (i.) The power shall not be revoked at any time, either 
 
 by anything done by the donor of the power 
 without the concurrence of the donee of the 
 power, or by the death, marriage, lunacy, un- 
 soundness of mind, or bankruptcy of the donor 
 of the power; and 
 
 (ii.) Any act done at any time by the donee of the 
 
 power, in pursuance of the power, shall be as 
 valid as if anything done by the donor of the 
 power without the concurrence of the donee of 
 the power, or the death, marriage, lunacy, un- 
 soundness of mind, or bankruptcy of the donor of 
 the power, had not been done or happened; and 
 
 .(iii.) Neither the donee of the power nor the purchaser 
 shall at any time be prejudicially affected by 
 notice of anything done by the donor of the 
 power, without the concurrence of the donee of 
 the power, or of the death, marriage, lunacy, un- 
 soundness of mind, or bankruptcy of the donor of 
 the power. 
 
 (2.) This section applies only to powers of attorney 
 
 SS. 7, 8. 
 
 Married 
 Women. 
 
 Powers of 
 Attorney. 
 
 Effect of power 
 of attorney, for 
 value, made 
 absolutely 
 irrevocable, 
 
SS. 8, 9. 
 
 Powers of 
 Attorney. 
 
 Powers of 
 attorney given 
 for value. 
 
 Effect of power 
 of attorney, 
 for value or 
 not, made 
 irrevocable: for 
 fixed time. 
 
 142 THE CONVEYANCING ACT, 1882. 
 
 created by instruments executed after the commencement 
 of this Act. 
 
 This section relates only to powers of attorney given for value, and 
 enables a power of that kind to take the place of an actual transfer, but it 
 is conceived that the attorney must be a person named; and the power 
 lapses by his death. He may, however, be empowered -to appoint sub- 
 stitutes. A person desiring to give a security may, in consideration of 
 the loan, give an irrevocable power to transfer, or convey, or sell, thus 
 enabling the lender to realise his security, if he so require. When the 
 loan is repaid the power may be cancelled, and a transfer and re-transfer 
 are thus avoided. The person taking the power must use all the same 
 precautions as if he had taken an actual transfer, so as to prevent 
 another transferee taking without notice. In the case of land, for 
 instance, he must obtain the deeds. 
 
 9,—(1.) If a power of attorney, whether given for 
 valuable consideration or not, is in the instrument creating 
 the power expressed to be irrevocable for a fixed time 
 therein specified, not exceeding one year from the date 
 of the instrument, then, in favour of a purchaser,— 
 
 (i.) The power shall not be revoked, for and during 
 that fixed time, either by anything done by the 
 donor of the power without the concurrence of 
 the donee of the power, or by the death, marriage, 
 lunacy, unsoundness of mind, or bankruptcy of 
 the donor of the power; and 
 
 (ii.) Any act done within that fixed time, by the donee 
 of the power, in pursuance of the power, shall be 
 as valid as if anything done by the donor of the 
 power without the concurrence of the donee of 
 the power, or the death, marriage, lunacy, un- 
 soundness of mind, or bankruptcy of the donor 
 of the power, had not been done or happened ; 
 and 
 
 (iii.) Neither the donee of the power, nor the purchaser, 
 shall at any -time be prejudicially affected by 
 notice either during or after that fixed time of 
 anything done by the donor of the power during 
 that fixed time, without the concurrence of the 
 donee of the power, or of the death, marriage, 
 
THE CONVEYANCING ACT, 1882. 143 
 
 lunacy, unsoundness of mind, or bankruptcy of 
 the donor of the power within that fixed time. 
 (2.) This section applies only to powers of attorney 
 created by instruments executed after the commence- 
 ment of this Act. 
 
 This section includes powers of attorney not given for value, as, 
 for instance, where a person going abroad desires to give a power to 
 sell property. The main difficulty hitherto has been that in order to 
 make a complete title it was necessary to ascertain that the principal 
 was living when the transfer under the power was made. In order to 
 avoid this, the only course was to make an actual transfer on trust for 
 sale. Ifno sale was made, a re-transfer became necessary, thus in the 
 case of land putting two deeds in ‘the title. This section is supple- 
 mentary to C. A. ss. 46, 47, ante, p. 99. 
 
 Though not necessary since the C. A. s. 46, it is usual and proper 
 that the attorney should sign the principal’s name and express the deed 
 to be signed, sealed, and delivered by the attorney, naming him. The 
 principal is named and described amongst the parties as if he himself 
 executed, and no other reference is made to the attorney or the power, 
 except in the signature and attestation clause (see as to execution by an 
 attorney, Coombes’s Case, 9 Co. Rep. 77; Frontin v. Small, 2 Lord 
 Raym. 1418; Wilks-v. Back, 2 East, 142 ; see also Lawrie v. Lees, 14 
 Ch. D. 249, 7 App. Cas. 19, where, though the attorneys executed in 
 their own names, the inference was that they did so on behalf of their 
 principal: 7 App. Cas. 28, per Lord Penzance). 
 
 Executory Limitations. 
 
 10.—(1.) Where there is a person entitled to land for 
 an estate in fee, or for a term of years absolute or deter- 
 minable on life, or for term of life, with an executory 
 limitation over on default or failure of all or any of his 
 issue, whether within or at any specified period or time or 
 not, that executory limitation shall be or become void and 
 incapable of taking effect, if and as soon as there is 
 living any issue who has attained the age of twenty-one 
 years, of the class on default or failure whereof the 
 limitation over was to take effect. 
 
 (2.) This section applies only where the executory 
 
 limitation is contained in an instrument coming into 
 
 operation after the commencement of this Act. 
 
 SS, 9, 10. 
 
 Powers of 
 Attorney. 
 
 Power of 
 attorney not 
 given for value. 
 
 Execution by 
 attorney. 
 
 Executory 
 Limitations. 
 
 Restriction on 
 executory 
 limitations. 
 
SS. 10, 11, 12. 
 
 Executory 
 Limitations. 
 
 Executory 
 limitations 
 assimilated to 
 strict settle- 
 ment, 
 
 Long Terms. 
 
 Amendment of 
 enactment 
 respecting long 
 terms, 
 
 Mortgages. 
 
 Reconveyance 
 on mortgage. 
 
 144 THE CONVEYANCING ACT, 1882. 
 
 An executory limitation generally prevented alienation for a longer 
 period than an ordinary strict settlement. ‘Thus under a devise “to A. 
 in fee simple, and if he die without issue living at his death, to B. in 
 fee simple,” with further limitations over of the same kind, it was 
 necessary that all the persons named should concur in a sale, whereas 
 in case of an ordinary strict settlement on the several persons named 
 and their issue, A. with his son, when of age, can bar the entail and 
 sell. This section enables A. alone to sell when any child or other 
 issue of his attains twenty-one, the limitations over becoming barred in 
 the same event in which the entail under a strict settlement could be 
 barred. The section gives no estate to the issue, but simply gives A. 
 in his lifetime, when a child or other issue of his attains twenty-one, the 
 same complete power of disposition as independently of the Act he 
 would acquire at his death if a child or other issue of his were then 
 living. 
 
 The section only applies to an estate in fee or for life, or a term of 
 years absolute or determinable with life. 
 
 Long Terms. 
 
 11, Section sixty-five of the Conveyancing Act of 1881 
 shall apply to and include, and shall be deemed to have 
 always applied to and included, every such term as in 
 that section mentioned, whether having as the immediate 
 reversion thereon the freehold or not; but not— 
 
 (i.) Any term liable to be determined by re-entry for 
 
 condition broken; or 
 
 (u.) Any. term created by sub-demise out of a superior 
 term, itself incapable of being enlarged into a fee 
 simple. 
 
 See note to OC. A. s. 65, p 113, supra. 
 
 Mortgages. 
 
 12. The right of the mortgagor, under section fifteen 
 of the Conveyancing Act of 1881, to require a mortgagee, 
 instead of re-conveying, to assign the mortgage debt and 
 convey the mortgaged property to a third person, shall 
 belong to and be capable of being enforced by each 
 incumbrancer, or by the mortgagor, notwithstanding any 
 intermediate incumbrance ; but a requisition of an incum- 
 brancer shall prevail over a requisition of the mortgagor, 
 
THE CONVEYANCING ACT, 1882. 145 
 
 and, as between incumbrancers, a requisition of a prior 
 incumbrancer shall prevail over a requisition of a subse- 
 quent incumbrancer. 
 
 See note to C. A. s. 15, p. 55, supra. 
 
 Saving. 
 13, The repeal by this Act of any enactment shall not 
 
 affect any right accrued or obligation incurred thereunder 4 
 
 before the commencement of this Act; nor shall the 
 same affect the validity or invalidity, or any operation, 
 effect, or consequence, of any instrument executed or 
 made, or of anything done or suffered, before the com- 
 mencement of this Act; nor shall the same affect any 
 action, proceeding, or thing then pending or uncom- 
 pleted; and every such action, proceeding, and thing 
 may be carried on and completed as if there had been no 
 _ such repeal in this Act. 
 
 SS. 12, 13. 
 
 Mortgages. 
 
 Saving. 
 
 Restriction on 
 repeals in this 
 ct. 
 
146 THE CONVEYANCING ACT, 1882. 
 
 SCHEDULE. 
 Section 7 (4.) REPEALS. 
 3 & 4 Will. 4. c. 74. | The Finesand Re-). As : 
 in part. coveries Act. ~ , {7 Patt tea 
 
 Section eighty-four, from and 
 including the words “and the 
 same judge,” to the end of that 
 section. 
 
 | Sections eighty-five to eighty- 
 | eight inclusive. 
 | 
 
 4&5 Will. 4. c. 92. | The Fines and Re- 
 in part. coveries (Ire-;in part; namely,— 
 land) Act 
 
 Section seventy-five, from and 
 including the words “and the. 
 same judge,” to the end of that 
 section. | 
 
 Sections seventy six to seventy- 
 nine, inclusive. 
 
 17 & 18 Vict.c.75 | An Act to remove doubts concerning 
 the due acknowledgments of deeds 
 by married women in certain cases. 
 
 41 & 42 Vict. c. 23. | The Acknowledgment of Deeds by 
 Married Women (Ireland) Act, 
 1878. 
 
 The 84th section of the English Fines and Recoveries Act as it now 
 stands, consequent on the above repeal, is as follows :— 
 
 LXXXIV. And be it further enacted, that when a married woman 
 shall acknowledge any such deed as aforesaid, the Judge, Master in 
 Chancery, or Commissioner taking such acknowledgment shall sign a 
 memorandum, to be indorsed on or written at the foot or in the margin 
 of such deed, which memorandum, subject to any alteration which 
 may from time to time be directed by the Court of Common Pleas, shall 
 be to the following effect ; videlicet [the form to be now used ts given 
 in the Rules under the Fines and Recoveries Act, and s.7 of C. A., 
 1882, p. 165, post]. 
 
MARRIED WOMEN’S PROPERTY ACT, 1882. 147 
 
 CHAPTER V. 
 
 MARRIED WOMEN’S PROPERTY ACT, 1882. 
 45 & 46 VICT. c. 75. 
 
 An Act to consolidate and amend the Acts relating to the 
 Property of Married Women. [18th August 1882. ] 
 
 WHEREAS it is expedient to consolidate and amend the 
 Act of the thirty-third and thirty-fourth Victoria, chapter 
 ninety-three, intituled “The Married Women’s Property 
 Act, 1870,” and the Act of the thirty-seventh and thirty- 
 eighth Victoria, chapter fifty, intituled “ An Act to 
 amend the Married Women’s Property Act (1870)”: 
 
 Be it enacted by the Queen’s most Excellent Majesty, 
 by and with the advice and consent of the Lords Spiritual 
 and Temporal, and Commons, in this present Parliament 
 assembled, and by the authority of the same, as follows : 
 
 See general observations on this Act, Chap. I, s. 2, supra. 
 
 1,—(1.) A married woman shall, in accordance with the 
 provisions of this Act, be capable of acquiring, holding, 
 and disposing by will or otherwise, of any real or personal 
 property as her separate property, in the same manner as 
 if she were a feme sole, without the intervention of any 
 trustee. 
 
 The whole effect of this section appears to be contained in the words 
 “feme sole” and ‘ without the intervention of a trustee.” Before the 
 Act it was competent for a married woman to “acquire, hold, and 
 dispose of” property, but she was not entirely in the same position as 
 a feme sole, and the intervention of a trustee was necessary to prevent 
 the legal estate or right vesting in her husband, and to enable it to 
 pass without an acknowledged deed. The words “separate property 
 seem used, not as referable to separate use, but in the same way as a 
 member of a partnership may be said to be entitled to certain property 
 
 B 2 
 
 Married 
 woman to be 
 capable of 
 holding pro- 
 perty and of 
 contracting as 
 a feme sole. 
 
Trust 
 property. 
 
 148 MARRIED WOMEN’S PROPERTY ACT, 1882. 
 
 as his “separate property,” as distinguished from partnership pro- 
 perty. This subs., taken by itself, is merely enabling; it does not say 
 whether, in order to enable a married woman to take separate property 
 it must be expressly given to her as such, in the same manner as for- 
 merly in case of property given for her separate use. This, however, 
 appears provided for by s. 2 as to a woman married after 1882, and by 
 s. 5 as to a woman married before 1883, in respect to property acquired 
 after 1882. Under these sections she is ‘entitled to have and to 
 hold, and to dispose of in manner aforesaid, as her separate property,” 
 so that an absolute separate title is thereby created, and it seems quite 
 independent of the terms of gift, so that it is not now legally possible 
 to create the old status as to property between husband and wife 
 (see ante, pp. 7-9). 
 
 Though, as will be subsequently shewn, the wording of s. 18 is 
 rather deficient, it seems reasonably clear that this subs. and ss. 2 
 and 5 include all trust property: The words are in strictness only 
 applicable to property of which she is beneficial owner, but as she is 
 liable separately on contract or in tort, and her husband need not be a 
 party to any action (subs. 2), the same reasoning applies as in Bathe v. 
 Bank of England, 4 K. & J. 564. 
 
 (2.) A married woman shall be capable of entering 
 into and rendering herself lable in respect of and to the 
 extent of her separate property on any contract, and of 
 suing and being sued, either in contract or in tort, or other- 
 wise, in all respects as if she were a feme sole, and her 
 husband need not be joined with her as plaintiff or 
 defendant, or be made a party to any action or other 
 legal proceeding brought by or taken against her; and 
 any damages or costs recovered by her in any such action 
 or proceeding shall be her separate property ; and any 
 damages or costs recovered against her in any such action 
 or proceeding shall be payable out of her separate pro- 
 perty, and not otherwise. | 
 
 (3.) Every contract entered into by a married woman 
 shall be deemed to be a contract entered into by her with 
 respect to and to bind her separate property, unless the 
 contrary be shown. 
 
 (4.) Every contract entered into by a married woman 
 with respect to and to bind her separate property shall 
 bind not only the separate property which she is pos- 
 sessed of or entitled to at the date of the contract, 
 
MARRIED WOMEN’S PROPERTY ACT, 1882. 149 
 
 but also all separate property which she may thereafter 
 acquire. 
 
 This subs. renders obsolete the decision in Pike v. Fitzgibbon, 17 
 Ch. D. 454, that the contract of a married woman bound so much 
 only of her separate estate not subject to restraint on anticipation as 
 existed at the date of the contract, and remained when judgment was 
 enforced. But it does not make a contract by a married woman bind- 
 ing on any property which she is restrained from anticipating: see 
 s. 19, post. 
 
 As to the definitions of “contract” and “ property,” see s. 24, post. 
 
 (5.) Every married woman carrying on a trade sepa- 
 rately from her husband shall, in respect of her separate 
 property, be subject to the bankruptcy laws in the same 
 way as if she were a feme sole. 
 
 There seems no reason now why a married woman should not be a 
 partner in trade with her husband. If so, does she carry on trade 
 separately from him? Also, if she does not carry on trade, is she sub- 
 ject to the bankrupt laws in the same manner as any other non-trader ? 
 It is conceived that this subs. is not restrictive, and that as a feme 
 sole in respect to her property, she must be subject to the same laws 
 and liabilities as an actual feme sole. 
 
 2. Every woman who marries after the commencement 
 of this Act shall be entitled to have and to hold as 
 her separate property and to dispose of in manner afore- 
 said all real and personal property which shall belong 
 to her at the time of marriage, or shall be acquired by 
 or devolve upon her after marriage, including any wages, 
 earnings, money, and property gained or acquired by her 
 in any employment, trade, or occupation, in which she is 
 engaged, or which she carries on separately from her 
 husband, or by the exercise of any literary, artistic, or 
 scientific skill, 
 
 ’ 8. Any money or other estate of the wife lent or en- 
 trusted by her to her husband for the purpose of any 
 trade or business carried on by him, or otherwise, shall 
 be treated as assets of her husband’s estate in case of his 
 bankruptcy, under reservation of the wife’s claim to a 
 dividend as a creditor for the amount or value of such 
 money or other estate after, but not before, all claims of 
 
 SS. 1, 2, 3. 
 
 Property of a 
 woman mar- 
 ried after the 
 Act to be held 
 by her as a 
 feme sole. 
 
 Loans by wife 
 to husband. 
 
SS.'4, 5, 6. 
 
 Execution of 
 general power. 
 
 Property 
 acquired after 
 the Act by a 
 woman mar- 
 ried before the 
 Act to be held 
 by her asa 
 feme sole. 
 
 Interests con- 
 tingent before 
 1883. 
 
 As to stock, 
 &c., to which 
 a married 
 woman is 
 entitled. 
 
 150 MARRIED WOMEN’S PROPERTY ACT, 1882: 
 
 the other creditors of the husband for valuable considera- 
 tion in money or money’s worth have been satisfied. 
 
 4. The execution of a general power by will by a 
 married woman shall have the effect of making the pro- 
 perty appointed lable for her debts and other liabilities 
 in the same manner as her separate estate is made 
 liable under this Act. 
 
 5. Every woman married before the commencement of 
 this Act shall be entitled to have and to hold and to 
 dispose of in manner aforesaid as her separate property 
 all real and personal property, her title to which, whether 
 vested or contingent, and whether in possession, rever- 
 sion, or remainder, shall accrue after the commencement 
 of this Act, including any wages, earnings, money, and 
 property so gained or acquired by her as aforesaid. 
 
 The whole title must accrue after 1882, in order to be within this 
 section. If there was any contingent interest before 1883, which ~ 
 afterwards ripened into possession, the old law applies, See Atcherley 
 v. Du Moulin, 2 K. & J. 186: Dering v. Kynaston, L. R. 6 Eq. 210; 
 and Re Jones’ Will, 2 Ch. D. 362, as to contingent interests not falling 
 
 within covenants to settle other property of the wife; and see contra, 
 Cornmell v. Keith, 3 Ch. D. 767. 
 
 6. All deposits in any post office or other savings bank, 
 or in any other bank, all annuities granted by the Com- 
 missioners for the Reduction of the National Debt or by 
 any other person, and all sums forming part of the public 
 stocks or funds, or of any other stocks or funds transfer- 
 able in the books of the Governor and Company of the 
 Bank of England, or of any other bank, which at the 
 commencement of this Act are standing in the sole name 
 of a married woman, and all shares, stock, debentures, 
 debenture stock, or other interests of or in any corpora- 
 tion, company, or public body, municipal, commercial, or 
 otherwise, or of or in any industrial, provident, friendly, 
 benefit, building, or loan society, which at the commence- 
 ment of this Act are standing in her name, shall be 
 deemed, unless and until the contrary be shown, to be 
 the separate property of such married woman; and the 
 
MARRIED WOMEN’S PROPERTY ACT, 1882. 151 
 
 fact that any such deposit, annuity, sum forming part of 
 the public stocks or funds, or of any other stocks or funds 
 transferable in the books of the Governor and Company 
 of the Bank of England or of any other bank, share, 
 stock, debenture, debenture stock, or other interest as 
 aforesaid, is standing in the sole name of a married 
 woman shall be sufficient prima facie evidence that she is 
 
 SS. 6, 7. 
 
 beneficially entitled thereto for her separate use, so as to — 
 
 authorise and empower her to receive or transfer the 
 
 same, and to receive the dividends, interests, and profits — 
 
 thereof, without the concurrence of her husband, and to 
 indemnify the Postmaster General, the Commissioners 
 for the Reduction of the National Debt, the Governor and 
 Company of the Bank of England, the Governor and 
 Company of the Bank of Ireland, and all directors, 
 managers, and trustees of every such bank, corporation, 
 company, public body, or society as aforesaid, in respect 
 thereof. 
 
 This section applies to funds in the sole name of a married woman at 
 the’commencement of the Act, although “ name,” and not “ sole name,” 
 occurs in the 14th line. The next section applies to those subsequently 
 transferred to her sole name. The words “ beneficiaily entitled ” appear 
 to exclude the case of trust property, which, however, seems supplied 
 by s. 18. 
 
 This section uses the old expressions ‘‘ separate property as a married 
 woman,” and “separate use,” but nothing seems to arise thereon. 
 The words “separate use” and “separate property as a married 
 woman” seem to be used as equivalent expressions (see note to s. 1 (1), 
 p. 147). In the next section ‘‘ separate property ” is again used. It is 
 presumed they mean the same thing as “separate property as a feme 
 sole,” the general effect of the Act being to abolish all the old relation- 
 ship as to property between husband and wife, and leave no application 
 for the doctrine of separate use (see ante, p. 6). 
 
 7. All sums forming part of the public stocks or funds, 
 or of any other stocks or funds transferable in the books 
 of the Bank of England or of any other bank, and all 
 such deposits and annuities respectively as are men- 
 tioned in the last preceding section, and all shares, 
 stock, debentures, debenture stock, and other interests of 
 or in any such corporation, company, public body, or 
 
 As to stock, 
 &c., to be 
 transferred, 
 &c., to a mar- 
 ried woman. 
 
SS. 7, 8. 
 
 Investments in 
 joint names of 
 married 
 women and 
 others. 
 
 152 MARRIED WOMEN’S PROPERTY ACT, 1882. 
 
 society as aforesaid, which after the commencement of 
 this Act shall be allotted to or placed, registered, or 
 transferred in or into or made to stand in the sole name 
 of any married woman shall be deemed, unless and until 
 the contrary be shown, to be her separate property, in 
 respect of which so far as any liability may be incident 
 thereto her separate estate shall alone be liable, whether 
 
 ‘the same shall be so expressed in the document whereby - 
 
 her title to the same is created or certified, or in the 
 
 books or register wherein her title is entered or recorded, 
 
 or not. 
 
 This section does not contain the words “ beneficially entitled,” and 
 appears, therefore, to include trust property. See note to last section. 
 
 Provided always, that nothing in this Act shall re- 
 quire or authorise any corporation or joint stock company 
 to admit any married woman to be a holder of any shares 
 or stock therein to which any liability may be incident, 
 contrary to the provisions of any Act of Parliament, 
 charter, byelaw, articles of association, or deed of settle- 
 ment regulating such corporation or company. 
 
 8, All the provisions herein-before contained as to 
 deposits in any post office or other savings bank, or in 
 any other bank, annuities granted by the Commissioners 
 for the Reduction of the National Debt or by any other 
 person, sums forming part of the public stocks or funds, 
 or of any other stocks or funds transferable in the books of 
 the Bank of England or of any other bank, shares, stock, 
 debentures, debenture stock, or other interests of or in 
 any such corporation, company, public body, or society as 
 aforesaid respectively, which at the commencement of 
 this Act shall be standing in the sole name of a married 
 woman, or which, after that time, shall be allotted to, or 
 placed, registered, or transferred to or into, or made to 
 stand in, the sole name of a married-woman, shall respec- 
 tively extend and apply, so far as relates to the estate, 
 right, title, or interest of the married woman, to any of 
 the particulars aforesaid which, at the commencement of 
 this Act, or at any time afterwards, shall be standing in, 
 
MARRIED WOMEN’S PROPERTY ACT, 1882. 153 
 
 er shall be allotted to, placed, registered, or transferred 
 to or into, or made to stand in, the name of any married 
 
 woman jointly with any persons or person other than her 
 husband. 
 
 This section appears not to include trust property standing in the 
 names of a married woman jointly with any persons or person other 
 than her husband, at the commencement of the Act, but does include 
 trust property subsequently transferred to her jointly with any persons 
 or person other than her husband (sce notes to last two sections). 
 
 9. It shall not be necessary for the husband of any 
 married woman, in respect of her interest, to join in the 
 transfer of any such annuity or deposit as aforesaid, or 
 any sum forming part of the public stocks or funds, or of 
 any other stocks or funds transferable as aforesaid, or any 
 share, stock, debenture, debenture stock, or other benefit, 
 right, claim, or other interest of or in any such corpora- 
 tion, company, public body, or society as aforesaid, which 
 is now or shall at any time hereafter be standing in the 
 sole name of any married woman, or in the joint names of 
 such married woman and any other person or persons not 
 being her husband. 
 
 10, If any investment in any such deposit or annuity 
 as aforesaid, or in any of the public stocks or funds, or in 
 any other stocks or funds transferable as aforesaid, or in 
 any share, stock, debenture, or debenture stock of any 
 corporation, company, or public body, municipal, com- 
 mercial, or otherwise, or in any share, debenture, benefit, 
 right, or claim whatsoever in, to, or upon the funds of 
 any industrial, provident, friendly, benefit, building, or 
 loan society, shall have been made by a married woman 
 by means of moneys of her husband, without his consent, 
 the Court may, upon an application under section seyen- 
 teen of this Act, order such investment, and the dividends 
 thereof, or any part thereof, to be transferred and paid 
 respectively to the husband; and nothing in this Act 
 contained shall give validity as against creditors of the 
 husband to any gift, by a husband to his wife, of any 
 property, which, after such gift, shall continue to be in 
 the order and disposition or reputed ownership of the 
 
 SS. 8, 9, 10. 
 
 ee 
 
 As to stock, 
 &c., standing 
 in the joint 
 names of a 
 married 
 woman and 
 others. 
 
 Fraudulent 
 investments 
 with money of 
 husband. 
 
Soy 1011 
 
 Moneys pay- 
 able under 
 policy of assur- 
 ance not to 
 form part of 
 estate of the 
 insured. 
 
 154 MARRIED WOMEN’S PROPERTY ACT, 1882. 
 
 husband, or to any deposit or other investment of moneys 
 of the husband made by or in the name of his wife in 
 fraud of his creditors; but any moneys so deposited 
 or invested may be followed as if this Act had not 
 passed. 
 
 11. A married woman may by virtue of the power of 
 making contracts herein-before contained effect a policy 
 upon her own life or the life of her husband for her 
 separate use ; and the same and all benefit thereof shall 
 enure accordingly. 
 
 A policy of assurance effected by any man on his own 
 life, and expressed to be for the benefit of his wife, or of 
 his children, or of his wife and children, or any of them, or 
 by any woman on her own life, and expressed to be for 
 the benefit of her husband, or of her children, or of her 
 husband and children, or any of them, shall create a trust 
 in favour of the objects therein named, and the moneys 
 payable under any such policy shall not, so long as any 
 object of the trust remains unperformed, form part of the 
 estate of the insured, or be subject to his or her debts: 
 Provided, that if it shall be proved that the policy was 
 effected and the premiums paid with intent to defraud the 
 creditors of the insured, they shall be entitled to receive, 
 out of the moneys payable under the policy, a sum equal 
 to the premiums so paid. The insured may by the 
 policy, or by any memorandum under his or her hand, 
 appoint a trustee or trustees of the moneys payable under 
 the policy, and from time to time appoint a new trustee 
 or new trustees thereof, and may make provision for the 
 appointment of a new trustee or new trustees thereof, and 
 for the investment of the moneys payable under any 
 such policy. In default of any such appointment of a 
 trustee, such policy, immediately on its being effected, 
 shall vest in the insured and his or her legal personal 
 representatives, in trust for the purposes aforesaid. If, at 
 the time of the death of the insured, or at any time after- 
 wards, there shall be no trustee, or it shall be expe- 
 dient to appoint a new trustee or new trustees, a trustee 
 or trustees or a new trustee or new trustees may be 
 
MARRIED WOMEN’S PROPERTY ACT, 1882. 155 
 
 appointed by any court having jurisdiction under the 
 provisions of the Trustee Act, 1850, or the Acts amend- 
 ing and extending the same. The receipt of a trustee or 
 trustees duly appointed, or, in default of any such ap- 
 pointment, or in default of notice to the insurance office, 
 the receipt of the legal personal representative of the 
 insured shall be a discharge to the office for the sum 
 secured by the policy, or for the value thereof, in whole 
 or in part. 
 
 The following points seem to arise on this section, and may, it is 
 conceived, be answered or explained as follows :— 
 
 1. A policy effected by a married woman remains her separate pro- 
 perty if the objects in whose favour it is effected fail, and can be dis- 
 posed of by her as a feme sole (see ss, 1, 24). 
 
 2. If the policy is effected by a man for the benefit of his wife and 
 children, or by a woman for the benefit of her husband and children, 
 the beneficiaries acquire at-the time or in the event specified in the 
 policy, vested interests in like manner as in case of an ordinary policy 
 effected and assigned to trustees on trust. If the policy is effected by 
 a man for the benefit of his wife alone it should be expressed that 
 she shall take only in case she survives him, as otherwise the money 
 will be her separate property, and the right to it will, on her death 
 before him, devolve either under her will, or, on intestacy, to her next 
 of kin excluding him (see ante, p. 8). 
 
 3. The power to effect a policy is not it seems, as in the Act of 1870, 
 confined to a married man or woman. An unmarried man or woman 
 may under this section effect a policy for any future wife or husband 
 and children, 
 
 4, Children only and not issue generally are within the section. 
 
 5. The policy under this section is in effect a complete settlement of 
 personalty incapable of being defeated by the person making it though 
 there be no wife or children in existence. Nor can the insured surrender 
 the policy. 
 
 6. In the absence of wife or husband or child capable of taking under 
 the trusts the policy is part of the estate of the insured, and would 
 pass to his or her trustee in bankruptcy. A general power to surrender 
 should not be reserved. If it were reserved, or could be implied, it 
 
 ‘could be exercised by the trustee in bankruptcy and thus defeat the 
 settlement. The only power reserved (if any) should be to surrender 
 in exchange for a policy of smaller amount at a reduced premium, or 
 with all premiums paid up. 
 
 7. Though this section does not, like the Act of 1870, say that wife 
 and children are under the policy to take “‘according to the interest 
 expressed,” yet the trusts of the policy money may, it is conceived, be 
 
 Jn 
 
 13 & 14 Vict. 
 c. 60. 
 
 Points arising 
 ons. 11. 
 
 Policy effected 
 by married 
 woman. 
 
 When interests 
 vest under. 
 
 How policy for 
 benefit of wife 
 should be ex- 
 pressed. 
 
 Policies 
 effected under 
 this s, by un- 
 married per- 
 sons. 
 
 Issue other 
 than children 
 not within 
 this s. 
 
 Effect of this s. 
 on policy, 
 
SS. 11, 12. 
 
 ns 
 
 Notice. 
 
 Stamp. 
 
 In whom policy 
 vests, 
 
 General effect 
 of this s. 
 
 Remedies of 
 married 
 woman for 
 protection and 
 security of 
 separate 
 
 property. 
 
 156 MARRIED WOMEN’S PROPERTY ACT, 1882. 
 
 moulded in any way the insured desires for the benefit of wife and 
 children. 
 
 8. The words ‘in default of notice to the insurance office” mean in 
 default of notice of appointment of trustees of the policy money. But 
 during the insured’s life where there are no trustees, notices of assign- 
 ments and charges must, it is conceived, be given to the office, there 
 being no one else to receive them, and the office must record and 
 acknowledge them as in case of an ordinary policy. No other notice 
 seems possible. Nevertheless the office may pay the money to the - 
 trustees thereof when appointed, or, if none, to the insured’s personal 
 representatives, but should in each case hand over copies of the 
 notices. | 
 
 9. Assuming the policy to have no money value, no settlement 
 stamp beyond 10s. is payable, there being no provision made for keeping 
 up the policy (see 33 & 84 Vict. c. 97, s. 124). 
 
 10. ‘The section does not expressly authorise the appointment of trus- 
 tees of the policy but only trustees of the money payable under the 
 policy. If no trustee is appointed, the policy being in the name of thé 
 insured vests in him, which appears unavoidable, there being no pro- 
 vision in the Act vesting it in any other person. 
 
 11. If trustees are appointed it is not stated that the policy.is to 
 vest in them, but their receipts are made a discharge for the policy 
 money, consequently under the Policies of Assurance Act, 1867 
 (30 & 31 Vict. c. 144) they have a legal right to sue on the policy, 
 if notice is given according to s. 3 of that Act, and this seems in effect 
 to vest the policy in them in the same manner as an assignment on 
 trust. 
 
 12. If the policy names trustees it does not seem necessary to the 
 effectual appointment of such trustees that the insured should sign 
 the policy, but he or she must sign any separate writing appointing 
 trustees, 
 
 13. Having regard to the other provisions of the Act, the effect of 
 this section seems to be only to render unnecessary a deed assigning 
 the policy to trustees upon trust, and (see Holt v. Everall, 2 Ch. D. 
 273) to prevent the settlement in case of a trader being one coming 
 within s. 91 of the Bankruptcy Act, 1869. 
 
 The first paragraph of this section again uses “ separate use ” instead 
 of ‘separate property,” being adapted probably from s. 10 of the Act of 
 1870. This part of the section appears superfluous, “ property ” being 
 defined by s. 24 to include a thing in action, and therefore a policy, 
 but this definition was not introduced till a late stage of the Bill. 
 
 12. Every woman, whether married before or after 
 this Act, shall have in her own name against all persons 
 whomsoever, including her husband, the same civil 
 remedies, and also (subject, as regards her husband, to 
 
MARRIED WOMEN’S PROPERTY ACT, 1882. 157 
 
 the proviso herein-after contained) the same remedies and 
 redress by way of criminal proceedings, for the protection 
 and security of her own separate property, as if such 
 property belonged to her as a feme sole, but, except as 
 aforesaid, no husband or wife shall be entitled to sue the 
 other for a tort. In any indictment or other proceeding 
 under this section it shall be sufficient to allege such 
 property to be her property; and in any proceeding 
 under this section a husband or wife shall be competent to 
 give evidence against each other, any statute or rule of law 
 to the contrary notwithstanding : Provided always, that no 
 criminal proceeding shall be taken by any wife against 
 her husband by virtue of this Act while they are living 
 together, as to or concerning any property claimed by 
 her, nor while they are living apart, as to or concerning 
 any act done by the husband while they were living 
 together, concerning property claimed by the wife unless 
 such property shall have been wrongfully taken by the 
 husband when leaving or deserting, or about to leave or 
 desert, his wife. 
 
 13, A woman after her marriage shall continue to be 
 liable in respect and to the extent of her separate pro- 
 perty for all debts contracted, and all contracts entered 
 into or wrongs committed by her before her marriage, 
 including any sums for which she may be liable as a con- 
 tributory, either before or after she has been placed on 
 the list of contributories, under and by virtue of the 
 Acts relating to joint stock companies; and she may be 
 sued for any such debt and for any liability in damages 
 or otherwise under any such contract, or in respect of 
 any such wrong; and all sums recovered against her in 
 respect thereof, or for any costs relating thereto, shall be 
 payable out of her separate property ; and; as between 
 her and her husband, unless there be any contract 
 between them to the contrary, her separate property 
 shall be deemed to be primarily liable for all such debts, 
 contracts, or wrongs, and for all damages or costs re- 
 covered in respect thereof: Provided always, that nothing 
 in this Act shall operate to increase or diminish the 
 
 SS. 12, 13, 
 
 Wife’s ante- 
 nuptial debts 
 and liabilities. 
 
SS. 13, 14, 15. 
 
 — 
 
 ' Husband to be 
 
 liable for his 
 wife’s debts 
 contracted 
 before mar- 
 riage to a 
 certain extent. 
 
 Suits for ante- 
 nuptial 
 liabilities. 
 
 158 © MARRIED WOMEN’S PROPERTY ACT, 1882. 
 
 liability of any woman married before the commence- 
 ment of this Act for any such debt, contract, or wrong 
 as aforesaid, except as to any separate property to which 
 she may become entitled by virtue of this Act, and to 
 which she would not have been entitled for her separate 
 use under the Acts hereby repealed or otherwise, if this 
 Act had not passed. 
 
 14, A husband shall be liable for the debts of his wife 
 contracted, and for all contracts entered into and wrongs 
 committed by her, before marriage, including any 
 liabilities to which she may be so subject under the 
 Acts relating to joint stock companies as aforesaid, to 
 the extent of all property whatsoever belonging to his 
 wife which he shall have acquired or become entitled to 
 from or through his wife, after deducting therefrom any 
 payments made by him, and any sums for which judg- 
 ment may have been bona fide recovered against him in 
 any proceeding at law, in respect of any such debts, 
 contracts, or wrongs for or in respect of which his wife 
 was liable before her marriage as aforesaid ; but he shall 
 not be liable for the same any further or otherwise ; and 
 any Court in which a husband shall be sued for any such 
 debt shall have power to direct any inquiry or proceed- 
 ings which it may think proper for the purpose of 
 ascertaining the nature, amount, or value of such pro- 
 perty: Provided always, that nothing in this Act con- 
 tained shall operate to increase or diminish the lability 
 of any husband married before the commencement of 
 this Act, for or in respect of any such debt or other 
 liability of his wife as aforesaid. 
 
 15, A husband and wife may be jointly sued in 
 respect of any such debt or other lability (whether by 
 contract or for any wrong) contracted or incurred by the 
 wife before marriage as aforesaid, if the plaintiff in the 
 action shall seek to establish his claim, either wholly or 
 in part, against both of them ; and if in any such action, 
 or in any action brought in respect of any such debt or 
 liability against the husband alone, it is not found that 
 the husband is lable in respect of any property of the 
 
MARRIED WOMEN’S PROPERTY ACT, 1882. 159 
 
 wife so acquired by him or to which he shall have 
 become so entitled as aforesaid, he shall have judgment 
 for his costs of defence, whatever may be the result of the 
 action against the wife if jointly sued with him; and in 
 any such action against husband and wife jointly, if it 
 appears that the husband is liable for the debt or 
 damages recovered, or any part thereof, the judgment to 
 the extent of the amount for which the husband is liable 
 shall be a joint judgment against the husband personally 
 and against the wife as to her separate property ; and as 
 to the residue, if any, of such debt and damages, the 
 judgment shall be a separate judgment against the wife 
 as to her separate property only. 
 
 16. A wife doing any act with respect to any property 
 of her husband, which, if done by the husband with 
 respect to property of the wife, would make the husband 
 liable to criminal proceedings by the wife under this 
 Act, shall in like manner be lable to criminal proceed- 
 ings by her husband. 
 
 17. In any question between husband and wife as to 
 the title to or possession of property, either party, or any 
 such bank, corporation, company, public body, or society 
 as aforesaid in whose books any stocks, funds, or shares 
 of either party are standing, may apply by summons or 
 otherwise in a summary way to any judge of the High 
 Court of Justice in England or in Ireland, according as 
 such property is in England or Ireland, or (at the option 
 of the applicant irrespectively of the value of the 
 property in dispute) in England to the Judge of the 
 County Court of the district, or in Ireland to the chair- 
 man of the civil bill court of the division in which either 
 party resides, and the Judge of the High Court of 
 Justice or of the county court, or the chairman of the 
 civil bill court (as the case may be) may make such 
 order with respect to the property in dispute, and as to 
 the costs of and consequent on the application as he 
 thinks fit, or may direct such application to stand over 
 from time to time, and any inquiry touching the matters 
 in question to be made in such manner as he shall think 
 
 SS. 15, 16, 17. 
 
 —— 
 
 Act of wife 
 liable to cri- 
 minal pro- 
 ceedings. 
 
 Questions be- 
 tween husband 
 and wife as to 
 property to be 
 decided in a 
 summary way. 
 
SS. 17, 18. 
 
 Married 
 woman as an 
 executrix or 
 trustee. 
 
 160 MARRIED WOMEN’S PROPERTY ACT, 1882. 
 
 fit: Provided always, that any order of a Judge of the 
 High Court of Justice to be made under the provisions 
 of this section shall be subject to appeal in the same way 
 as an order made by the same Judge in a suit pending 
 or on an equitable plaint in the said court would be; 
 and any order of a county or civil bill court under the 
 provisions of this section shall be subject to appeal in 
 the same way as any other order made by the same 
 court would be, and all proceedings in a county court. 
 or civil bill court under this section in which, by reason 
 of the value of the property in dispute, such court would 
 not have had jurisdiction if this Act or the Married 
 Women’s Property Act, 1870, had not passed, may, at 
 the option of the defendant or respondent to such pro- 
 ceedings, be removed as of right into the High Court of 
 Justice in England or Ireland (as the case may be), by 
 writ of certiorari or otherwise as may be prescribed by 
 any rule of such High Court; but any order made or 
 act done in the course of such proceedings prior to such 
 removal shall be valid, unless order shall be made to the 
 contrary by such High Court: Provided also, that the 
 Judge of the High Court of Justice or of the county 
 court, or the chairman of the civil bill court, if either 
 party so require, may hear any such application in his 
 private room: Provided also, that any such bank, cor- 
 poration, company, public body, or society as aforesaid, 
 shall, in the matter of any such application for the 
 purposes of costs or otherwise, be treated as a stakeholder 
 only. 
 
 18. A married woman who is an executrix or adminis- 
 
 tratrix alone or jointly with any other person or persons 
 
 of the estate of any deceased person, or a trustee alone or 
 jointly as aforesaid of property subject to any trust, may 
 sue or be sued, and may transfer or join in transferring 
 any such annuity or deposit as aforesaid, or any sum 
 forming part of the public stocks or funds, or of any 
 other stocks or funds transferable as aforesaid, or any 
 share, stock, debenture, debenture stock, or other benefit, 
 right, claim, or other interest of or in any such corpora- 
 
MARRIED WOMEN’S PROPERTY ACT, 1882. 161 
 
 tion, company, public body, or society in that character, 
 without her husband, as if she were a feme sole. 
 
 This section seems to cover in certain cases more than is necessary, and 
 to be scarcely sufficient in others. So far as the preceding sections apply 
 to trust property, the express power to transfer the particular items of 
 trust property here mentioned are not required, more especially as the 
 married woman would not in most cases for the purposes of transfer be 
 known to be a trustee. On the other hand unless the preceding sections 
 do so apply, this section makes no provision for transfer of other kinds of 
 trust property not mentioned in it, as, for instance, land and choses in 
 action. ‘The section seems useful as an express provision that a married 
 woman, as personal representative of a deceased person, may transfer 
 funds standing in his name, and also funds standing at the commence- 
 ment of the Act in her sole name of which she is trustee, or in her name 
 jointly with others as trustees, to which cases ss. 6 and 8 do not apply. 
 
 By s. 24 the husband of a trustee, executrix, or administratrix is 
 freed from all liabilities of the wife in those characters, unless he has 
 intermeddled with the trust or administration. 
 
 19. Nothing in this Act contained shall interfere with 
 or affect any settlement or agreement for a settlement 
 made or to be made, whether before or after marriage, 
 respecting the property of any married woman, or shall 
 interfere with or render inoperative any restriction 
 against anticipation at present attached or to be here- 
 after attached to the enjoyment of any property or 
 income by a woman under any settlement, agreement for 
 a settlement, will, or other instrument; but no restric- 
 tion against anticipation contained in any settlement or 
 agreement for a settlement of a woman’s own property to 
 be made or entered into by herself shall have any validity 
 against debts contracted by her before marriage, and no 
 settlement or agreement for a settlement shall have any 
 greater force or validity against creditors of such woman 
 than a like settlement or agreement for a settlement 
 made or entered into by a man would have against his 
 creditors. 
 
 The last clause in this s., taken in connection with s. 1 (5), places a 
 settlement or agreement for a settlement by a married woman trading 
 separately from her husband within the principle of Hx parte Bolland, 
 Ie R17 Kg. 116. 
 
 oy r M 
 Y4 UL Pe 
 Lae ? F 
 
 SS. 18, 19. 
 
 Saving of 
 existing settle- 
 ments, and the 
 power to make 
 future settle- 
 ments. 
 
 Settlement by 
 married 
 woman, a 
 trader, when 
 void against 
 creditors, 
 
162 MARRIED WOMEN’S PROPERTY ACT, 1882. 
 
 ss. 20,21, 22. 20, Where in England the husband of any woman 
 Mee having separate property becomes chargeable to any 
 woman tobe union or parish, the justices having jurisdiction in 
 liable to the : : : - 
 parish for the SUCh union or parish may, in petty sessions assembled, 
 peace upon application of the guardians of the poor, issue a 
 summons against the wife, and make and enforce such 
 order against her for the maintenance of her husband out 
 of such separate property as by the thirty-third section 
 31 & 32 Vict. of the Poor Law Amendment Act, 1868, they may now 
 Soe make and enforce against a husband for the maintenance 
 of his wife if she becomes chargeable to any union or 
 parish. Where in Ireland relief is given under the pro- 
 visions of the Acts relating to the relief of the destitute 
 poor to the husband of any woman having separate 
 property, the cost price of such relief is hereby declared 
 to be a loan from the guardians of the union in which 
 the same shall be given, and shall be recoverable from 
 such woman as if she were a feme sole by the same actions 
 and proceedings as money lent. 
 Married 21. A married woman having separate property shall 
 Meret st be subject to all such liability for the maintenance of her 
 parish for the ~ children and grandchildren as the husband is now by law 
 maintenance of : . 
 her children. subject to for the maintenance of her children and grand- 
 children: Provided always, that nothing in this Act 
 shall relieve her husband from any lability imposed upon 
 
 him by law to maintain her children or grandchildren. 
 
 Repeal of _ 22. The Married Women’s Property Act, 1870, and 
 napytins Vict. the Married Women’s Property Act, 1870, Amendment 
 
 37 & 38 Vict, Act, 1874, are hereby repealed: Provided that such 
 
 aa repeal shall not affect any act done or right acquired 
 while either of such Acts was in force, or any right or 
 liability of any husband or wife, married before the com- 
 mencement of this Act, to sue or be sued under the 
 provisions of the said repealed Acts or either of them, 
 for or in respect of any debt, contract, wrong, or other 
 matter or thing whatsoever, for or in respect of which 
 any such right or liability shall have accrued to or 
 against such husband or wife before the commencement 
 of this Act. 
 
MARRIED WOMEN’S PROPERTY ACT, 1882. 163 
 
 23. For the purposes of this Act the legal personal 
 representative of any married woman shall in respect of 
 her separate estate have the same rights and liabilities 
 and be subject to the same jurisdiction as she would be if 
 she were living. 
 
 24, The word “contract” in this Act shall include 
 the acceptance of any trust, or of the office of executrix 
 or administratrix, and the provisions of this Act as to 
 liabilities of married women shall extend to all liabilities 
 by reason of any breach of trust or devastavit committed 
 by any married woman being a trustee or executrix or 
 administratrix either before or after her marriage, and 
 her husband shall not be subject to such liabilities unless 
 he has acted or intermeddled in the trust or administra- 
 tion. The word “ property ” in this Act includes a thing 
 in action. 
 
 25. The date of the commencement of this Act shall 
 be the first of. January one thousand eight hundred and 
 eighty-three. 
 
 26. This Act shall not extend to Scotland. 
 
 27. This Act may be cited as the Married Women’s 
 Property Act, 1882. 
 
 SS. 23, 24, 25, 
 27. 
 
 b] 
 
 Legal repre- 
 sentative of 
 married 
 woman. 
 
 Interpretation 
 of terms. 
 
 Commence- 
 ment of Act. 
 
 Extent of Act. 
 Short title. 
 
164 RULES. 
 
 CHAPTER VI. 
 
 RULES OF THE SUPREME COURT, 
 DECEMBER 1882. 
 
 Sect. L. 
 
 Rules under the Act for the Abolition of Fines and Re- 
 coveries, and Section 7 of the Conveyancing Act, 1882. 
 
 1. No person authorised or appointed under the Act 
 o& 4 Will. LV. c. 74 (in these Rules referred to as the 
 Fines and Recoveries Act), to take the acknowledgments 
 of deeds by married women shall take any such acknow- 
 ledgment if he is interested or concerned either as a 
 party or as solicitor or clerk to the solicitor for one 
 of the parties or otherwise in the transaction giving 
 occasion for the acknowledgment. 
 
 2. Before a Commissioner shall receive an acknow- 
 ledgment, he shall inquire of the married woman sepa- 
 rately and apart from her husband and from the solicitor 
 concerned in the transaction whether she intends to 
 give up her interest in the estate to be passed by the 
 deed without having any provision made for her; and 
 where the married woman answers in the affirmative 
 and the Commissioner shall have no reason to doubt the 
 truth of her answer, he shall proceed to receive the 
 acknowledgment; but if it shall appear to him that it is 
 - intended that provision is to be made for the married 
 woman, then the Commissioner shall not take her ac- 
 knowledgment until he is satisfied that such provision 
 has been actually made by some deed or writing produced 
 to him; or if such provision shall not have been actually 
 made before, then the Commissioner shall require the 
 
RULES. 165 
 
 terms of the intended provision to be shortly reduced 
 into writing, and shall verify the same by his signature 
 in the margin, at the foot, or at the back thereof. 
 
 3. The memorandum to be indorsed on or written at 
 the foot or in the margin of a deed acknowledged by a 
 married woman shall be in the following form in lieu 
 of the form set forth in section 84 of the Fines and 
 Recoveries Act : 
 
 “ This deed was this day produced before me and 
 acknowledged by therein named to be her act 
 and deed [or their several acts and deeds| previous 
 to which acknowledgment [or acknowledgments] the 
 said was [or were] examined by me separately 
 and apart from her husband [or their respective 
 husbands] touching her [ov their] knowledge of the 
 contents of the said deed and her [or their] consent 
 thereto and [each of them] declared the same to be 
 freely and voluntarily executed by her.” 
 
 4. When an acknowledgment is taken by any person 
 other than a judge, the following declaration shall be 
 added to the memorandum of acknowledgment : 
 
 “ And I declare that I am not interested or concerned 
 either as a party or as a solicitor or clerk to the solicitor 
 for one of the parties or otherwise in the transaction 
 giving occasion for the said acknowledgment.” 
 
 5. A memorandum of acknowledgment purporting to 
 be signed according to any of the following forms shall 
 be deemed to be a memorandum purporting to be signed 
 by a person authorised to take the acknowledgment :— 
 
 (Signed) A.D. 
 
 A Judge of the High Court of Justice in England, 
 
 or a Judge of the County Court of ; 
 
 or a perpetual Commissioner for taking acknow- 
 ledgments of deeds by married women. 
 
 or The special Commissioner appointed to take the 
 
 aforesaid acknowledgment. 
 But this rule is not to derogate from the effect of any 
 memorandum purporting to be signed by a person 
 
166 RULES. 
 
 authorised to take the acknowledgment, though not 
 signed in accordance with any of the above forms. 
 
 6. Nothing in the five preceding rules contained shall 
 make invalid any acknowledgment which would have 
 been valid if these rules had not been enacted. 
 
 7. Every Commission appointing a special Commis- 
 sioner to take an acknowledgment by a married woman 
 shall be returned to the office of the registrar of certifi- 
 cates of acknowledgments of deeds by married women 
 and shall be there filed. An index shall be prepared 
 and kept in the said office, giving the names and 
 addresses of the married women named in all such com- 
 missions filed in the said office after the 31st December, 
 1882. The same rules shall apply to searches in the 
 index so to be prepared as to searches in the other 
 indexes and registers kept in the Central Office. 
 
 8. (Provides for costs.) 
 Sect. II. 
 Rules under Section 2 of the Conveyancing Act, 1882 (a). 
 
 1. Every requisition for an official search shall state 
 the name and address of the person requiring the search 
 
 (a) These rules should be read in connection with Order LXa, Rule 6, 
 of the Rules of Court in the first Schedule to the Judicature Act of 
 1875 (38 & 89 Vict. c. 77), which provides that— 
 
 All deeds which by any statute or statutory rule are directed or per- 
 mitted to be enrolled in any of the Courts whose jurisdiction has been 
 transferred to the High Court of Justice, may be enrolled in the Enrol- 
 ment Department of the Central office ; 
 
 And with Rule 8a of the same Order, which provides that— 
 
 The Clerk of Enrolments and each-of the following Registrars, 
 namely— 
 
 The Registrar of Bills of Sale, 
 
 The Registrar of Certificates of Acknowledgments of Deeds by 
 
 Married Women, and 
 
 The Registrar of Judgments, 
 shall, on a request in writing giving sufficient particulars, and on 
 payment of the prescribed fee, cause a search to be made in the regis- 
 ters or indexes under his custody, and issue a certificate of the result 
 of the search, 
 
RULES. 167 
 
 to be made. Every requisition and certificate shall be 
 filed in the office where the search was made. 
 
 2. Every person requiring an official search to be made 
 pursuant to section 2 of the Conveyancing Act, 1882, 
 shall deliver to the officer a declaration according to the 
 Forms I. and II. in the Appendix, purporting to be 
 signed by the person requiring the search to be made, or 
 by a solicitor, which declaration may be accepted by the 
 officer as sufficient evidence that the search is required 
 for the purposes of the said section. The declaration may 
 be made in the requisition, or in a separate document. 
 
 3. Requisitions for searches under section 2 of the 
 Conveyancing Act, 1882, shall be in the Forms III. to 
 VI. in the Appendix, and the certificates of the results 
 of such searches shall be in the Forms VII. to X., with 
 such modifications as the circumstances may require. 
 
 4. Where a certificate setting forth the result of a 
 search in any name has been issued, and it is desired 
 that the search be continued in that name, to a date not 
 more than one calendar month subsequent to the date of 
 the certificate, a requisition in writing in the Form XI. 
 in the Appendix may be left with the proper officer, who 
 shall cause the search to be continued, and the result of 
 the continued search shall be endorsed on the original 
 certificate and upon any office copy thereof which may 
 have been issued, if produced to the officer for that 
 purpose. The endorsement shall be in the Form XII. 
 in the Appendix with such modifications as circumstances 
 require. 
 
 5, Every person shall upon payment of the prescribed 
 fee be entitled to have a copy of the whole or any part 
 of any deed or document enrolled in the Enrolment 
 Department of the Central Office. 
 
 Rule under the Conveyancing and Law of Property Act, 
 1881. 
 
 6. An alphabetical index of the names of the grantors 
 of all powers of attorney filed under section 48 of the 
 Conveyancing and Law of Property Act, 1881, shall be 
 
168 RULES. 
 
 prepared and kept by the proper officer, and any person 
 may search the index upon payment of the prescribed 
 fee. No person shall take copies of or extracts from any 
 power of attorney or other document filed under that 
 section and produced for his inspection. AIl copies or 
 extracts which may be required shall be made by the 
 Office. 
 
RULES. 169 
 
 ‘APPENDIX. 
 
 FORM I. 
 
 DECLARATION BY SEPARATE INSTRUMENT AS TO PURPOSES 
 oF SEARCH. 
 
 Supreme Court of Judicature, 
 Central Office. 
 To the Clerk of Enrolments 
 or The Registrar of 
 Royal Courts of Justice, 
 London. 
 
 In the matter of A.B. and C.D. 
 
 I declare that the search (or searches) in the name (or 
 names) of required to be made by the requisition for 
 search, dated the is (or are) required for the purposes 
 of a sale (or mortgage, or lease, or as the case may be), by 
 A.B. to C.D. 
 
 Signature, 
 Address, and 
 
 Description. 
 Dated 
 
 FORM II. 
 
 DECLARATION AS TO PURPOSES OF SEARCH CONTAINED IN 
 THE REQUISITION. 
 
 I declare that the above-mentioned search is required for 
 the purposes of a sale (or mortgage, or lease, or as the case 
 may be), by A.B. to C.D. 
 
sae) RULES. 
 
 FORM III. 
 
 REQUISITION FOR SEARCH IN THE ENROLMENT OFFICE, UNDER 
 THE CoNVEYANCING Act, 1882, s. 2. 
 
 Supreme Court.of Judicature, 
 Central Office. 
 
 Requisition for Search. 
 
 To the Clerk of Enrolments, 
 Royal Courts of Justice, 
 London. 
 
 In the matter of A.B. and C.D. 
 
 Pursuant to section 2 of the Conveyancing Act, 1882, 
 search for deeds and other documents enrolled during the 
 period from 18 to 18 both inclusive, in the 
 
 following name (or names). 
 
 Christian Name Paes oe i Title, Trade, or 
 
 Surname. or Names. Profession. 
 
 Abode. 
 
 (Add declaration, Form IT.) 
 (State if an office copy of the certificate is desired, and whether 
 it is to be sent by post or called for.) 
 Signature, address, and 
 description of person 
 
 requiring the search. 
 Dated 
 
 See as to this requisition, note p. 135, supra. 
 
~ RULES. ye 
 
 FORM IV. 
 
 REQUISITION FOR SEARCH IN THE BILLs oF SALE DEPARTMENT 
 UNDER THE CONVEYANCING ACT, 1882, s. 2. 
 
 Supreme Court of Judicature, 
 Central Office. 
 
 Requisition for Search. 
 
 To the Registrar of Bills of Sale, 
 Royal Courts of Justice. 
 London. 
 
 In the matter of A.B. and C.D. 
 
 Pursuant to section 2 of the Conveyancing Act, 1882, 
 search for instruments registered or re-registered as bills of 
 sale during the period from 18 to 18 both 
 inclusive, in the following name (or names). 
 
 «ye Usual or last - 
 Christian Name PananiPinad ab Title, Trade, or 
 
 Surname : 
 : Profession. 
 or Names bin dos 8 
 
 (Add declaration, Form IT.) 
 (State if an office copy of the certificate is desired, and whether 
 it is to be sent by post or called for.) 
 Signature, address, and 
 description of person 
 requiring the search. 
 Dated 
 
172 RULES. 
 
 FORM V. 
 
 REQUISITION FOR SEARCH IN THE REGISTRY OF CERTIFICATES OF 
 ACKNOWLEDGMENTS OF DerEps By MARRIED WoMEN UNDER 
 THE ConvEYANCcING Act, 1882, s. 2. 
 
 Supreme Court of Judicature, 
 Central Office. 
 
 Requisition for Search. 
 To the Registrar of Certificates of Acknowledgments of 
 Deeds by Married Women, 
 Royal Courts of Justice, 
 London. 
 
 In the matter of A.B. and C.D. 
 
 Pursuant to section 2 of the Conveyancing Act, 1882, 
 search for Certificates of Acknowledgments of Deeds by 
 Married Women during the period from 18 to 
 18 both inclusive, according to the particulars mentioned 
 in the schedule hereto. 
 
 THe SCHEDULE. 
 
 County, Parish, 
 Christian | Date of Cer- |Date of Deed, or Place in 
 Name or _ | tificate if the | if the Search which the Pro- 
 
 Surname. Names of (Search relates| relates to a | perty is situate, 
 Wife and jtoa particular} particular or other de- 
 Husband. Certificate. Deed. scription of the 
 Property. 
 
 (Add declaration, Form II.) 
 (State if an office copy of the certificate is desired, and whether 
 it is to be sent by post or called for.) 
 Signature, address, and 
 description of person 
 requiring the search. 
 
 Dated 
 
 As to this search, see note, p. 141, supra. 
 
RULES. 173 
 
 FORM VI. 
 
 REQUISITION FOR SEARCH IN THE REGISTRY OF JUDGMENTS 
 UNDER THE CONVEYANCING AcT, 1882, s. 2. 
 
 Supreme Court of Judicature, 
 Central Office. 
 
 Requisition for Search. 
 
 To the Registrar of Judgments, 
 Royal Courts of Justice, 
 London. 
 
 In the matter of A.B. and C.D. 
 
 Pursuant to section 2 of the Conveyancing Act, 1882, 
 search for judgments, revivals, decrees, orders, rules, and lis 
 pendens, and for judgments at the suit of the Crown, 
 statutes, recognizances, Crown bonds, inquisitions, and accep- 
 tances of office for the period from Lope to 
 18 , both inclusive and for executions for the period from 
 the 29th July, 1864 (or as the case may require) to the 
 
 18 , both inclusive, and for annuities for the period 
 from the 26th April, 1855 (or as the case may require) to the 
 18 , both inclusive in the following name (or names). 
 
 att Usual or last 
 Seance: Christian Name | jp own Place of | Litle, Trade, or 
 
 or Names. nodes Profession. 
 
 (Add declaration, Form IT.) 
 (State if an office copy of the certificate is desired, and whether 
 it is to be sent by post or called for.) 
 Signature, address, and 
 description of person 
 - requiring the search. 
 
 Dated 
 
174 RULES. 
 
 This requisition and the corresponding certificate (Form X. post) do 
 not expressly refer to a search for writs of execution on Crown debts, 
 which is the proper search since 1st November, 1865, under 28 & 29 
 Vict. c.104, This search is a general search not limited in time except 
 by the date of commencement of the register (see ante, p.135). It is 
 made in the same register as the search for executions on ordinary 
 judgments (Dart, V. & P., p. 495, 5th ed.), and will therefore be 
 included under the general expression “ for executions.” 
 
 The day, 29th July, 1864, mentioned in this requisition, is the 
 earliest day from which writs of execution on ordinary judgments are 
 registered in the name of the judgment debtor pursuant to 27 & 28 Vict. 
 c. 112, but no search for those writs is necessary, although the pur- 
 chaser or mortgagee must see that the vendor or mortgagor is in posses- 
 sion at the time of completion (see note, p. 133, supra; see also the 
 following notes, pp. 134, 135, for other searches required by this requisi- 
 tion). 
 
 eal 
 
 FORM VIL. 
 
 CERTIFICATE OF SEARCH BY ENROLMENT DEPARTMENT UNDER THE 
 Conveyancing Act, 1882, 8. 2. 
 
 Supreme Court of Judicature, 
 Central Office, 
 
 Enrolment Department. 
 
 Certificate of Search pursuant to Section 2 of the Convey- 
 ancing Act, 1882, 
 
 In the Matter of A.B. and C.D. 
 
 This is to certify that a search has been diligently made 
 in the Enrolment Office for deeds and other documents in the 
 name (or names) of for the period from to : 
 both inclusive, and that no deed or other document has 
 been enrolled in the said office in that name (or in any one 
 or more of those names) during the period aforesaid. 
 
 or, and that except the described in the schedule hereto, 
 no deed or document has been enrolled in that name (or in 
 any one or more of those names) during the period aforesaid. 
 
 Tne ScHEDULE. 
 
 Dated 
 As to this search, see p. 135, supra. 
 
RULES. 175 
 
 FORM VIII. 
 
 CERTIFICATE OF SEARCH BY THE REGISTRAR OF BILLS OF SALE 
 UNDER THE CONVEYANCING AcT, 1882. 
 
 Supreme Court of Judicature, 
 Central Office, 
 Bills of Sale Department. 
 
 Certificate of Search pursuant to Section 2 of the Convey- 
 ancing Act, 1882. 
 In the Matter of A.B. and C.D. 
 
 This is to certify that a search has been diligently made 
 in the Register of Bills of Sale in the name (or names) of 
 for the period from 15) ite 18 both 
 inclusive, and that no instrument has been registered or 
 re-registered as a bill of sale in that name (or in any one or 
 
 more of those names) during that period, 
 
 or, and that except the described in the schedule 
 hereto, no instrument has been registered or re-registered as 
 a bill of sale in that name (or in any one or more of those 
 names) during the period aforesaid. 
 
 Tue ScHEDULE. 
 
 Dated 
 FORM IX. 
 
 CERTIFICATE OF SEARCH BY REGISTRAR OF CERTIFICATES OF 
 ACKNOWLEDGMENTS OF Derreps By MARRIED WoMEN UNDER 
 THE CONVEYANCING AcT, 1882, s. 2. 
 
 Supreme Court of Judicature, 
 Central Office. 
 
 Registry of Certificates of Acknowledgments of Deeds by 
 Married Women. 
 
 Certificate of Search pursuant to Section 2 of the Convey- 
 ancing Act, 1882. 
 
 In the matter of A.B. and C.D. 
 
 This is to certify that a search has been diligently made 
 in the Office of the Registrar of Certificates of Acknowledg- 
 
176 RULES. 
 
 ments of Deeds by Married Women in the name (or names) 
 of for the period from to 18 , both inclu- 
 sive, for a certificate dated the or for certificates of 
 acknowledgment of a deed dated the 
 
 or for certificates of acknowledgments of deeds relating to 
 (fill in the description of the property from the Requisition) 
 
 and that no such certificate has been filed in that name (or 
 in any one or more of those names) during the period 
 aforesaid. 
 
 or, and that except the certificate (or certificates) described 
 in the Schedule hereto, no such certificate has been filed in 
 that name (or in any one or more of those names) during 
 the period aforesaid. 
 
 County, Parish 
 
 Christian or Place in 
 S NAGA of Date of ‘ pen which Property 
 urname. Tato and Garuhente. ate of Deed. ee 
 Husband. or other de- 
 scription of the 
 Property. 
 
 Dated day of 188 . 
 
RULES. ree 
 
 FORM X. 
 
 CERTIFICATE OF SEARCH BY REGISTRAR OF JUDGMENTS UNDER 
 ConvEyANcING Act, 1882, s. 2. 
 
 Supreme Court of Judicature, 
 Central Office. 
 
 The Registry of Judgments. 
 Certificate of Search pursuant to Section 2 of the Convey- 
 ancing Act, 1882. 
 
 In the matter of A.B. and C.D. 
 
 This is to certify that a search has been diligently made 
 in the Office of the Registrar of Judgments for judgments, 
 revivals, decrees, orders, rules, lis pendens, judgments at the 
 suit of the Crown, Statutes, recognizances, Crown bonds, 
 inquisitions, and acceptances of office, for the period from 
 
 18 to 18 , both inclusive, and for executions 
 for the period from 18 to 18 , both inclusive, 
 and for annuities for the period from 18 to FSF, 
 both inclusive, in the name (or names) of and that no 
 
 judgment, revival, decree, order, rule, lis pendens, judgment 
 at the suit of the Crown, Statute, recognizance, Crown bond, 
 inquisition, acceptance of office, execution, or annuity has 
 been registered or re-registered in that name (or in any one 
 or more of those names) during the respective periods 
 covered by the aforesaid searches. 
 
 or and that except the mentioned in the Schedule 
 hereto, no judgment, revival, decree, order, rule, lis pendens, 
 judgment at the suit of the Crown, Statute, recognizance, 
 Crown bond, inquisition, acceptance of office, execution, or 
 annuity has been registered or re-registered in that name 
 (or'in any one or more of those names) during the respective 
 periods covered by the aforesaid search. 
 
 | Tue ScHEDULE. 
 
 Dated the day of 188 . 
 
178 RULES. 
 
 FORM XI. 
 
 REQUISITION FOR CONTINUATION OF SEARCH UNDER THE 
 CoNVEYANCING AcT, 1882. 
 
 Supreme Court of Judicature, 
 Central Office. 
 
 Requisition for continuation of Search. 
 To the Clerk of Enrolments 
 or The Registrar of 
 Royal Courts of Justice, 
 London, W.C. 
 
 In the matter of A.B. and C.D. 
 
 Pursuant to section 2 of the Conveyancing Act, 1882, 
 continue the search for [ |, made pursuant to the 
 requisition dated the day of 18 , in the name 
 (or names) of , from the day of to the 
 
 day of 18, both inclusive. 
 Signature, address, and 
 description of person 
 
 requiring the search. 
 Dated 
 
 a 
 
 FORM XII. 
 
 \ERTIFICATE OF RESULT OF CONTINUED SEARCH UNDER THE 
 CoNVEYANCING AcT, 1882, s. 2, TO BE ENDORSED ON ORIGINAL 
 Certificate. 
 
 This is to certify that the search (or searches) mentioned 
 in the within written certificate has (or have) been dili- 
 gently continued to the day of s 718)" Sy 
 that up to and including that date [except the men- 
 tioned in the schedule hereto (these words to be omitted 
 where nothing is found) |, no deed or other document has been 
 enrolled, or no instrument has been registered, or re-regis- 
 tered, as a bill of sale, or no certificate has been filed, or no 
 judgment, revival, decree, order, rule, lis pendens, judgment 
 at the suit of the Crown, statute, recognizance, Crown bond, 
 inquisition, acceptance of office, execution or annuity, has 
 been registered or re-registered in the within-mentioned 
 name (or in any one or more of the within-mentioned 
 names). 3 
 
 Dated 
 
CONTRACTS FOR SALE. 179 
 
 Penvetyele 1.1. 
 
 FORMS. 
 
 CHAPTER I. 
 CONTRACTS FOR SALE GENERALLY. 
 
 In framing contracts and conditions of sale under the 
 V.& P. A. and C. A. the following rules may afford 
 assistance. 
 
 1, Where a title for forty years and upwards before 
 the date of the contract is intended to be furnished, the 
 date of commencement need not be specified, except in 
 the following cases :— 
 
 (a.) Advowsons or reversionary interests (Dart, 293, 
 
 294, Sth ed.). 
 
 (b.) Tithes or other property derived from the Crown 
 where evidence of the Crown grant is to be 
 negatived. 
 
 (c.) Where the document first abstracted is a will and 
 evidence of seisin is to be precluded: Parr v. 
 Lovegrove, 4 Drew. 170. 
 
 (d.) Where the document first abstracted is a voluntary 
 settlement, or articles for a settlement, or a con- 
 veyance under a power or trust for sale, or the 
 bar of an entail, or other document of a similar 
 kind, deriving its effect from some prior instru- 
 ment. 
 
 If the date be not fixed, the date of a recited deed 
 may be the time prescribed by V. & P. A., s. 1 (see the 
 last clause of that s.), and an abstract of the deed may be 
 required. The safest course is always to fix the date of 
 
 N 2 
 
 Length of 
 title. 
 
Leaseholds. 
 
 Enfranchised 
 copy holds. 
 
 Evidence. 
 
 Recitals. 
 
 One abstract 
 for several 
 lots. 
 Documents not 
 delivered to 
 purchaser. 
 
 180 CONTRACTS FOR SALE. 
 
 commencement, and in the cases under (d) the nature of 
 the instrument commencing the title should also be 
 stated: Marsh v. Earl Granville, W. N. 1882, p. 157. 
 
 2. The title of leaseholds for years commences with 
 the lease (V. & P. A., s. 2) or the underlease (C. A. 
 s. 3 (1) ). 
 
 3. Unless the contrary be shewn, the last receipt for 
 rent proves the validity of the lease and due performance 
 of eovenants therein, and in the case of an underlease 
 also the validity of every superior lease and due perform- 
 ance of the covenants therein: C. A. s. 3 (4), (5), but 
 where the rent is nominal so that there can be no receipt, 
 special provision must be made. 
 
 4. The title to the freehold of enfranchised copyholds 
 or customary freeholds commences with the deed of 
 enfranchisement: C. A. s. 3 (2). 
 
 5. The commencement of title being fixed, requisitions 
 on the prior title are precluded: C. A. s. 3 (8). 
 
 6. As a general rule, all evidence in support of title 
 and all documents not in the vendoyr’s possession, and 
 copies of records, must be obtained and produced by the 
 vendor at the expense of the purchaser: C. A. s. 3 (6); 
 or the obtaining and production must be precluded by 
 condition. 
 
 7. The commencement of title being fixed, all subse- 
 quent documents not of record must be produced by 
 and at the expense of the vendor, or production must be 
 precluded by condition. , 
 
 8. As to land, recitals of facts in documents twenty 
 years old are evidence: V. & P. A. s. 2 (2). 
 
 9. Only one abstract of the same title need be furnished 
 to a purchaser of several lots: C. A.s. 3 (7). 
 
 10. Copies of documents not handed over must, if 
 required by a purchaser, be paid for by him: C. A. 
 s. 3 (6). | 
 
 11. An equitable right to production of documents is 
 sufficient without a covenant for production: V. & P. A. 
 s. 2 (3)s . 
 
 12. The expense of a covenant for production, or of an 
 
CONTRACTS FOR SALE. 1&1 
 
 acknowledgment or undertaking, falls on the purchaser : 
 V.& P. A. s. 2 (4). 
 
 ~ 13. Where a vendor does not sell the whole property, 
 he may retain the deeds: V. & P. A. s. 2 (5). 
 
 14. The purchaser cannot require the conveyance to 
 be executed in his presence or in that of his solicitor: 
 Cr dake t biter , 
 
 15. He may still require that the purchase-money be 
 paid to the vendor personally, but he may pay it to a 
 solicitor producing the conveyance executed, with a 
 receipt in or indorsed upon it: C. A. s. 56. 
 
 Execution of 
 conveyance. 
 
 Payment of 
 purchase- 
 money. 
 
Parties. 
 
 Agreement 
 
 to sell and 
 purchase. 
 
 Price. 
 
 Parcels. 
 
 182 AGREEMENT FOR SALE. 
 
 CHAPTER II, 
 AGREEMENT FOR SALE BY PRIVATE CONTRACT. 
 
 AN AGREEMENT madethe dayof between A., of 
 &e., hereinafter called the vendor, of the one part, and B., 
 of &c., hereinafter called the purchaser, of the other part, 
 
 Whereby the vendor, so far as relates to the acts on his 
 part to be performed, agrees with the purchaser, and the 
 purchaser, so far as relates to the acts on his part to be per- 
 formed, agrees with the vendor as follows, that is to say: 
 
 1, The vendor is to sell and the purchaser is to pur- 
 chase at the price of £ the property hereinafter 
 mentioned, and the fee simple thereof in possession [or 
 in case of leasehold, say, held under lease [underlease | 
 
 dated the day of for the term of years 
 from the day of [en case of underlease, say, 
 less the last days thereof] at the yearly rent of 
 £ , and all the term and interest granted by that 
 
 lease [underlease] subject to the lessee’s | underlessee’s] 
 covenants and the provisions therein contained and] sub- 
 ject to the tenancies (a) but free from incumbrances, 
 that is to say : | 
 
 ALL that &e., which 
 premises are more particularly described in the schedule 
 hereto, and are intended to be delineated on the plan 
 hereto annexed, and to be thereon coloured (b). 
 
 (a) Under these words alone the purchaser is not fixed with notice 
 
 of the terms of the tenancy as between himself and his vendor: Cabal- 
 
 lero v. Henty, L. R. 9 Ch. A. 447. There must be an express con- 
 dition. See special condition No. 32, post. 
 
 (5) Where several leases or underleases are sold together, instead of 
 the first paragraph, say 
 
 1, The vendor is to sell and the purchaser is to pur- 
 chase at the price of £ All those pieces of land with 
 
AGREEMENT FOR SALE. 183 
 
 2. The purchaser is to pay his purchase-money on the 
 day of next at the office of , at which 
 time and place the purchase is to be completed, and the 
 purchaser paying his purchase-money [and the amount 
 of valuation as hereinafter provided | is as from that day 
 to be let into possession or into receipt of rents and 
 profits, and up to that day all rent, rates, taxes, and out- 
 goings are (if necessary) to be apportioned, and if from 
 any cause whatever other than wilful default on the part 
 of the vendor the completion of the purchase is delayed 
 beyond the before-mentioned day, the purchase-money 
 is to bear interest at the rate of 5 per cent. per annum 
 from that day to the day of actual payment thereof. 
 
 3. The purchaser is within days after delivery (a) 
 of his abstract to send to Messrs. of , the 
 solicitors of the vendor, a statement in writing of all the 
 objections to and requisitions as to the title or evidence 
 of title, or the abstract, and subject thereto the title is to 
 be deemed accepted, and all objections and requisitions 
 not included in any statement sent within the time 
 aforesaid are to be deemed waived, and any answer to 
 any objection or requisition is to be replied to in writing 
 within ten days after the delivery thereof, and if not so 
 replied to is to be considered satisfactory, and time is to 
 be deemed in all respects as of the essence of this clause, 
 
 the messuages thereon shortly described in the first 
 column of the schedule hereto, free from incumbrances, 
 for the residues of the respective terms mentioned in the 
 second column of the same schedule granted by the 
 several leases [underleases| the dates whereof are men- 
 tioned in the third column of the same schedule, at the 
 several rents mentioned in the fourth column of the same 
 schedule, subject to the lessee’s [underlessee’s | covenants, 
 and the provisions contained in the said leases [ under- 
 leases] and subject also to the tenancies affecting the 
 premises. 
 
 (a) No time should be stated for delivery of the atstract, for the 
 reasons given in the note to the 4th ordinary condition, post. 
 
 Time for com- 
 pletion. 
 
 Possession. 
 
 Interest in case 
 of delay. 
 
 Time for 
 delivery of 
 
 requisitions, 
 
 and replies to 
 answers, 
 
If any objec- 
 tion cannot, be 
 answered 
 
 Power to 
 rescind, 
 
 Contents of 
 lease[s] or 
 underlease[s ]. 
 
 Power to re- 
 sell on default, 
 
 184 AGREEMENT FOR SALE. 
 
 and if the purchaser should take any objection or make 
 any requisition which the vendor is unable or unwilling 
 to remove or comply with, and should not withdraw the 
 same after being required so to do, the vendor may by 
 notice in writing delivered to the purchaser or his solicitor, 
 and notwithstanding any intermediate negotiation, rescind 
 this agreement, and the purchaser is to return forthwith 
 all abstracts and papers in his possession belonging to 
 the vendor, and not to make any claim on the vendor for 
 costs or otherwise (a). 
 
 | Here add condition as to commencement of title, special 
 condition, No. 5, and any other special conditions, see spost. 
 In case of leaseholds add, if required, special conditions 
 Nos. 26, or 27, 29, 30, post, and continue :] 
 
 A. copy [or copies] of the said lease [underlease] [or 
 the leases [underleases| referred to in the schedule] and 
 counterparts or copies of the leases or agreements (if in 
 writing) under which the tenants hold, have been perused 
 by the purchaser, and he shall be deemed to purchase 
 with notice of all the contents thereof. 
 
 | Also add clause as to preparation and delivery of convey- 
 ance, Sth ordinary condition, post. Also, if required, clause 
 for taking timber and fixtures at a valuation, 2nd special 
 condition, post. Also clause as to compensation or excluding 
 compensation, special condition, No. 43 or 44, post. | 
 
 Lastly. If the purchaser should neglect or fail to per- 
 form this agreement on his part (b), the vendor may with 
 or without notice resell the premises without previously 
 tendering a conveyance to the purchaser, and any resale 
 may be made by auction or private contract at such time, 
 subject to such conditions, and in such manner generally 
 
 (a) In sales by private contract there is generally no deposit, the 
 purchaser being known, though sometimes a deposit may be required. 
 If there is a deposit, the latter part of this clause should be as in the 
 latter part of the 4th ordinary condition, post. 
 
 (b) If there is a deposit, say here— 
 
 “his deposit money is to be forfeited to the vendor, who 
 may, &c. , 
 
AGREEMENT FOR SALE. ‘185 
 
 as the vendor thinks proper; and if thereby the vendor 
 should incur a loss by reason of diminution in price or 
 expenses incurred, or both, the purchaser is to pay to the 
 vendor the amount of such loss as liquidated damages ; 
 and on any resale by auction the premises may be bought 
 in, and all expenses consequent on an unsuccessful 
 attempt to resell are to be forthwith paid to the vendor 
 by the purchaser. 
 
 In witness, &e. 
 
 THE SCHEDULE ABOVE REFERRED TO. 
 
Highest 
 bidder, 
 
 Reserve price. 
 
 Advance on 
 bidding and 
 
 retracting. 
 
 Deposit. 
 
 Time for com- 
 pletion. 
 
 186 ORDINARY CONDITIONS. 
 
 CHAPTER III. 
 CONDITIONS OF SALE. 
 
 SECT. L 
 ORDINARY CONDITIONS OF SALE By AUCTION (a). 
 
 1. The highest bidder is to be the purchaser, the 
 vendor|s| fixing a reserve price and reserving the right 
 to bid up to such reserve price [for each lot] by himself 
 [themselves] or his [their] agent (b) [and also the right 
 to consolidate two or more lots into one]. 
 
 2. No person is to advance less than £ [the sum 
 to be fixed by the auctioneer] on each bidding, or retract 
 a bidding; and if any dispute arise the property [lot in 
 dispute] is to be put up again at the last undisputed. 
 bidding, or the auctioneer may determine the dispute. 
 
 3. The [Each] purchaser is at the close of the sale to 
 him to pay down a deposit of per cent. on the 
 amount of his purchase-money, and to sign an agreement 
 in the form subjoined to these conditions for the comple- 
 tion of his purchase according to these conditions, and to 
 
 (a) It is convenient to have some rule as to the order of conditions 
 of sale, and the following is suggested as agreeing with the order in 
 which the transactions take place :— 
 
 (1) As to the auction. 
 (2) Delivery of abstract and requisitions. 
 (3) Matters arising on the abstract. 
 (4) Matters arising on the particulars (identity, &c.). 
 (5) The conveyance and its contents. 
 (6) Compensation. 
 (7) Resale on default. 
 As to conditions supplied by the V. & P. A. and C. A., see pp. 180, 
 
 181, ante. 
 (b) As to bidding and reserve price, see 30 & 31 Vict. c. 48. 
 
ORDINARY CONDITIONS. 187 
 
 pay the remainder of his purchase-money [and the 
 amount of valution as hereinafter provided | on the 
 
 day of at the office, No. Street in , of 
 Messrs. the solicitors of the vendor|s], at which 
 time and place the purchase[s] is [are| to be completed ; 
 and the [a] purchaser paying his purchase-money is as 
 from that day to be let into possession or receipt of rents 
 and profits, and up to that day all rent, rates, taxes, and 
 outgoings are (if necessary) to be apportioned ; and if from 
 any cause whatever, other than wilful default on the part 
 of the vendor|s]|, the completion of the [any] purchase is 
 delayed beyond the before-mentioned day, the remainder 
 of the purchase-money [and the amount of valuation] is 
 to bear interest at the rate of 5 per cent. per annum from 
 that day to the day of actual payment thereof. 
 
 4, The [Hach] purchaser is within days after the 
 delivery of his abstract (a) to send to the said solici- 
 tors of the vendor|s|, a statement in writing of all the 
 objections to (b) and requisitions if any as to the title or 
 evidence of title, or the abstract, and subject thereto the 
 title is to be deemed accepted, and all objections and 
 requisitions not included in any statement sent within 
 the time aforesaid are to be deemed waived, and an 
 answer to any objection or requisition is to be replied to 
 in writing within ten days after the delivery thereof, and 
 if not so replied to is to be considered satisfactory, and 
 time is to be deemed in all respects as of the essence of 
 this condition. If the [any] purchaser should take any 
 objection or make any requisition which the vendor[s] is 
 
 (a) .There should be no time specified for delivery by the vendor of 
 his abstract, lest he should fail in delivering it within the specified 
 time, or should deliver an imperfect abstract (see Dart, V. & P."125, 
 304, 5th ed.), but in sales under the Court the Act requires a time to be 
 stated, see 15 & 16 Vict. c. 86, s. 56. 
 
 (b) The time for taking objections does not begin to run until a 
 complete abstract has been delivered (Hobson v. Bell, 2 Beav. 17; 
 Want v. Stallibrass, L. R. 8 Ex. 175). The condition does not apply 
 to matters not disclosed (Warde v. Dixon, 28 L. J. Ch. 315), nor to an 
 objection which goes to the root of the title (Re Tanqueray- Willaume 
 and Landau, 20 Ch. D. 465, 474). 
 
 Possession. 
 
 Interest in 
 case of delay. 
 
 Time for 
 delivery of 
 requisitions, 
 
 and replies to 
 answers. 
 
 Time for de- 
 livery of ab- 
 stract not to 
 be stated. 
 
 What objec- 
 tions may be 
 taken after 
 time fixed, 
 
If requisition 
 cannot be 
 answered 
 
 power to 
 rescind. 
 
 Preparation of 
 conveyance, 
 
 Delivery of 
 draft. 
 
 Power to resell 
 on default. 
 
 188 ORDINARY CONDITIONS. 
 
 [are] unable or unwilling to remove or comply with, and 
 should not withdraw the same after being required so to 
 do, the vendor|s| may by notice in writing delivered to the 
 {such | purchaser or his solicitors, and notwithstanding any 
 intermediate negociation, rescind the contract for sale, and 
 the vendors] is [are] within one week after such notice 
 to repay to the purchaser [ whose contract is so rescinded | 
 his deposit money, which is to be accepted by him in 
 satisfaction of all claims on any account whatever, and 
 the purchaser is to return forthwith all abstracts and 
 papers in his possession belonging to the vendor|s]. 
 
 _ [Here add clause as to commencement of title, special 
 condition, No. 5, post, and, if required, clause as to taking 
 timber and fixtures at a valuation, special condition, No. 2, 
 post, and any other special conditions, see post. | 
 
 5. The conveyance to the [each] purchaser is to be 
 prepared by him and at his own expense, and the en- 
 grossment thereof is to be delivered at the office of the 
 solicitors of the vendor|s]| before the day of 
 next for execution by the vendor[s| and other necessary 
 parties (if any), and the draft of such conveyance for 
 perusal and approval on behalf of the vendor|[s| and 
 other necessary parties (if any) is to be left at the office 
 of such solicitors at least seven days before delivery of 
 the engrossment. 
 
 [Here add clause as to compensation or excluding com- 
 pensation, see special condition No. 43 or 44, post, as the 
 case may be. | | 
 
 Lastly—If the [any] purchaser should neglect or fail 
 to comply with any of the above conditions, his deposit ~ 
 money is to be forfeited to the vendor|s|, who may with 
 or without notice resell the premises |the lot or lots in 
 respect whereof default occurs| without previously ten- 
 dering a conveyance to the defaulter at this sale, and any 
 resale may be made by auction or private contract at 
 such time, subject to such conditions and in such manner 
 generally as the vendor[s] may think proper; and if 
 thereby the vendor[s| should incur a loss by reason of 
 diminution in price or expenses incurred, or both, the 
 
SPECIAL CONDITIONS. 189 
 
 {defaulting| purchaser at this sale is to pay to the 
 vendor|s| the amount of such loss as liquidated damages, 
 and on any such resale by auction the premises [lot or 
 lots offered for sale] may be bought in, and all expenses 
 consequent on an unsuccessful attempt to resell are to be 
 forthwith paid to the vendor[s| by the defaulter at this 
 sale. 
 
 Be it remembered that at the sale by auction this 
 day of of the property mentioned in the annexed 
 particulars of sale, of was the highest bidder 
 for the premises [Lot |, and was declared the purchaser 
 thereof, subject to the above conditions, at the price of 
 £ , and has paid the sum of £ by way of 
 deposit, and agrees to pay to (a), the vendor|s], 
 according to the above conditions the balance of the said 
 purchase-money [and also the valuation money]; and 
 the vendor[s| and purchaser hereby agree to complete 
 the sale in accordance with the above conditions of sale. 
 
 Purchase-money, £ 
 
 Deposit, £ 
 
 ee ella at" 
 Abstract of title to be sent to 
 
 Balance, 
 
 SECT. II. 
 SPECIAL CONDITIONS OF SALE. 
 
 1. The auctioneer may withdraw the property [any lot] 
 from sale without declaring the reserve price, and may 
 refuse any bidding and may combine any lots in one lot, 
 or may offer the property for sale in other lots than those 
 mentioned in the particulars. 
 
 2. The [ Hach] purchaser is, in addition to his purchase- 
 
 (a) The vendor must be named or otherwise sufiiciently described 
 (see Dart, 218, dth ed. ; Catling v. King, 5 Ch. D. 660; Rossiter v. 
 Miller, 3 App. C. 1124), “Vendor” is not a sufficient description : 
 Potter v. Duffield, L. R. 18 Kq. 4. 
 
 (b) Timber must not be sold separately by trustees unless expressly 
 authorised (Oholmele} v. Paxton, 3 Bing. 207). 
 
 Memorandum 
 for signature. 
 
 Power to 
 withdraw, 
 refuse bidding, 
 and re-arrange 
 lots. 
 
 Timber [and 
 fixtures] at a 
 valuation (6). 
 Vendor to be 
 named or 
 described. 
 
 As to trustees 
 selling timber 
 separately, 
 
Where pro- 
 perty sold with 
 
 possession. 
 
 As to abstract 
 of title to small 
 lots. 
 
 190 SPECIAL CONDITIONS. 
 
 money, to pay for [the fixtures and for] all timber and 
 timber-like trees, tellers, pollards, saplings, and plantations 
 (if any) down to ls. per stick inclusive, and underwood 
 down to the stem, according to a valuation to be made in ~ 
 manner following—that is to say, each party (vendor and 
 purchaser), or their respective solicitors, is within twenty- 
 one days after the sale to appoint by writing one person 
 as valuer, and to give notice in writing to the other party 
 of the name and address of the person so appointed, and 
 the two persons so appointed are to make the valuation, 
 but are before they commence their duty to appoint an 
 umpire by writing, and the decision of the two valuers if 
 they agree, or of their umpire if they disagree, is to be 
 final, and in case the purchaser should neglect or refuse to 
 appoint a valuer and give notice thereof in manner and 
 within the time before specified, the valuer appointed 
 by the vendor is alone to make the valuation, and his 
 valuation is to be final. 
 
 3. The vendor reserves the right to cut and sell all the 
 growing crops, and the right to the use of the grazing, 
 and the right to the garden fruits and crops up to the 
 time when under these conditions the purchaser is to be 
 let into possession [and also the right to dig up and 
 remove the crops of at any time before the 
 day of next]. 
 
 4, A purchaser whose purchase-money does not exceed 
 £ is not, except upon the terms afterwards men- 
 tioned, to require delivery to him of an abstract of title, 
 but may within ten days after the sale [or in a sale under 
 the Court after the certificate of the result of the sale has 
 become binding] attend at the office of Messrs. 
 at , during the hours of ten to four in the day, to 
 examine and take extracts from an abstract prepared 
 in accordance with these conditions; nevertheless on 
 giving notice in writing to Messrs. requesting an 
 abstract, and also on paying to them the sum of £ 
 within four days after the sale [or after the certificate of 
 the result of the sale has become binding], he is to have 
 delivered to him an abstract prepared in accordance with 
 
SPECIAL CONDITIONS. 191 
 
 these conditions, and whether he so attend or not, he is 
 to be bound by these conditions, and in case no abstract 
 is required, he is to be so bound in the same way as if an 
 abstract had been actually delivered to him on the tenth 
 day after the sale [or after the certificate of the result of 
 the sale has become binding], and is to be considered as 
 having had such abstract actually delivered to him on 
 that day. ; 
 
 Each purchaser to whom an abstract is delivered 
 pursuant to these conditions is within, &c. (then proceed 
 as in tne ordinary condition No. 4, p. 187, ante). 
 
 5. The abstract of title [to Lots | is to commence 
 with an indenture dated the day of 18 
 [being a conveyance on a sale, or being a mortgage, 
 or the lease or underlease under which the vendor 
 holds (a). | 
 
 6. Where the abstract commences with a will it is to 
 be assumed that the testator was entitled in fee simple at 
 [the date of his will and thenceforth up to (6)] his death, 
 and no evidence on this point shall be required. 
 
 7. As to Lot , which was formerly copyhold of the 
 manor of , the abstract of title to the former copy- 
 hold interest is to commence with a surrender and 
 
 (a) This condition is necessary where the abstract commences less 
 than forty years before the day of sale (see V. & P. Act, 1874, s. 1), 
 and is advisable in all cases, see note (b) to C. A. s. 3 (3), and also 
 p- 179, ante. If the deed stipulated as the commencement of the 
 abstract contains recitals, s. 3 (1) of the Conveyancing Act prevents 
 any requisition upon them. Where the deed commencing the abstract 
 is a purchase deed or mortgage deed, it is advisable so to describe it, as 
 being obviously a better commencement of title than a will or settle- 
 ment, and where the document commencing the abstract is a voluntary 
 settlement, or other document not forming in itself a good root of title, 
 the nature of the document should be stated in all cases: Marsh v. E. 
 Granville, W. N. 1882, p. 157. 
 
 (6) The words in brackets are not required where the will is dated 
 after 1837. If the will mentions the property, the condition may 
 state that the will “specifically devises the property,” or “contains a 
 general devise of all the testator’s property in the parish of,” &c. A 
 devise of this kind affords some evidence of the testator’s title. 
 
 As to com- 
 mencement of 
 title. 
 
 Will. 
 
 Enfranchised 
 copyholds. 
 
 Where root of 
 title bad. 
 
As to distin- 
 guishing titles. 
 
 As to dis- 
 crepancy in 
 measurements. 
 
 Where docu- 
 ments subse- 
 quent to com- 
 mencement of 
 title cannot be 
 produced. 
 
 On a sale of 
 lots held under 
 one lease sub- 
 demises being 
 made by one 
 purchaser to 
 the others. 
 
 192 SPECIAL CONDITIONS. 
 
 admittance on a purchase in the year , and the title: 
 to the freehold is to commence with the deed of en- 
 franchisement, dated in the year (a). 
 
 8. The vendor is not to be required to distinguish the 
 parts of any lot held under different titles, nor to dis- 
 tinguish the freehold from the copyhold part of the pro- 
 perty [any lot], nor to distinguish copyholds of different 
 manors. 
 
 9. No objection or requisition is to be made in conse- 
 quence of any discrepancy between the old and present 
 measurements |of any lot]. 
 
 10. If any document, dated years or upwards 
 prior to the day of sale be not in the vendor’s possession, 
 and the possessor thereof is either unknown or refuses 
 production, the recital of that document contained in any. 
 deed dated years or upwards prior to the day of 
 sale is to be taken as conclusive evidence of the material 
 contents and due execution thereof, and no further evi- 
 dence, whether by production of the original or otherwise, 
 is to be required of the contents of that document (0). 
 
 10a. The vendor is not to be required to procure the 
 production or trace or state who has the custody of any 
 document not in his possession, or to furnish any abstract 
 or copy thereof, or to give any information relating 
 thereto not within his knowledge. 
 
 11. Where it is provided in the particulars that the 
 purchaser of any lot is to take an assignment of the lease 
 of that and other lots and grant underleases of such other 
 lots to the purchasers thereof, the assignments and under- 
 leases are to be made and granted accordingly, and each 
 underlease and a counterpart thereof for delivery to the 
 lessor are to be prepared, engrossed, and stamped by and 
 in all respects at the expense of the purchaser, who is to 
 be lessee thereunder, and are to be executed by the lessor 
 and lessee respectively, and to contain all proper covenants 
 
 (a) Under s. 3 (2) of the Conveyancing Act the purchaser is not to 
 call for the title to make the enfranchisement. 
 
 (b) Where documents are in the hands of mortgagees, see condi- 
 tion 15. | 
 
SPECIAL CONDITIONS. 193 
 
 by them having regard to the form of the principal lease 
 out of which the underlease is to take effect, and the 
 lessor is to give to the underlessee an acknowledgment of 
 his right to production and delivery of copies of the 
 principal lease and of any documents of title relating 
 thereto retained by the lessor, and also an undertaking 
 for safe custody thereof, and in case there should be no 
 purchaser at this sale to take an assignment of the prin- 
 cipal lease the grant of any underlease may be suspended 
 until the principal lease is assigned to a purchaser, or the 
 vendor may at his option in the meantime grant any 
 underlease, and in case any difference should arise as to 
 the form of any underlease or otherwise as to the grant 
 thereof under this condition, or as to the payment of any 
 costs or expenses connected therewith, or in case any 
 other difference or question should arise as to the mode 
 of giving effect to this condition or any matter arising 
 thereout, such difference or question is to be settled by 
 [in sales by the Court the Judge at Chambers, otherwise 
 some person to be named, or by arbitration as in No. 43, post}. 
 
 12. Any bare outstanding legal estate (a) which a 
 
 (a) i.e. a legal estate outstanding in a bare trustee who in reference 
 to the V. & P. A. is defined to be a trustee to whose office no duties 
 were originally attached, or who although such duties were originally 
 attached to his office would, on the requisition of his cestwis que trust, 
 be compellable in equity to convey the estate to them or by their 
 direction and has been requested by them so to convey it: Dart, 517, 
 5th ed.; and see Morgan v. Swansea Urban Sanitary Authority, 
 9 Ch. D. 582, 585, per M. R.; but in the opinion of V.C. Hall the 
 words “has been requested by them so to convey it” are not a 
 necessary ingredient in the definition of a bare trustee: Christie v. 
 Ovington, 1 Ch. D. 279. A trustee with a beneficial interest in the 
 trust estate is not a bare trustee within the Land Transfer Act, 1875, 
 s. 48, which replaced s. 5 of the V. & P. A. (Morgan v. Swansea, &c., 
 Authority, ubi sup.) ; nor is the husband of a married woman who is 
 seised in her right a bare. trustee within the Act 3 & 4 Will. 4, c. 74, 
 s. 34 (Keer v. Brown, Johns. 188). ; 
 
 It is not necessary that the abstract should shew the devolution of 
 the legal estate, if it shews a good equitable title in the vendor, with 
 power to get in the legal estate under the Trustee Acts or otherwise : 
 Camberwell Building Society v. Holloway, 18 Ch. D. 754, 
 
 O 
 
 Bare legal 
 estate 
 
 Definition of 
 bare legal 
 estate. 
 
 When devolu- 
 tion need not 
 be shewn in 
 the abstract. 
 
Tithes. 
 
 Repair of 
 chancel, 
 
 Crown grant 
 of tithes. 
 
 Production of 
 documents in 
 the hands of 
 mortgagees. 
 
 Allotments 
 and exchanges 
 under En- 
 closure Acts. 
 
 194 SPECIAL CONDITIONS. 
 
 [the] purchaser may require to be got in is to be got in 
 [and the title thereto traced| by him and at his own 
 expense. 7 
 
 13. The rectorial tithes on the property were merged in 
 the year The abstract of title thereto is to com- 
 mence with an indenture dated the day of ; 
 and the purchaser is not to require the production of the 
 original nor any abstract or copy of the grant from the 
 Crown of these tithes, nor any information as to the date 
 of such grant, or otherwise with reference thereto. 
 
 13a. The vendor is not to be required to furnish any 
 evidence that the rectorial tithes are not subject to the 
 repair of the chancel of the parish church, and the pur- 
 chaser is to take subject to such liability (if any) as exists 
 in respect to such repair. | 
 
 14. The purchaser is not to require production of the 
 original nor any abstract or copy nor any other evidence of 
 or information with respect to the grant from the Crown 
 of the tithes. [Add if required, nor any evidence that the 
 tithes are not, &c., continue as in the preceding condition. | 
 
 15. The documents relating to Lots to in- 
 clusive, some of which include all or several of these lots, 
 are now in the hands of the mortgagees and shall not be 
 required by any purchaser of these lots to be produced or 
 delivered over until the mortgages are redeemed, and if 
 any purchaser of any of such lots requires his abstract 
 to be verified he shall be bound himself at his own cost 
 to obtain production of any documents in the possession 
 of the mortgagees, and if he cannot obtain such produc- 
 tion shall accept such verification of the abstract as the 
 vendor is able to furnish, and shall bear all expenses 
 incurred in obtaining production or consequent on pro- 
 duction of such documents (a). 
 
 16. All exchanges and allotments made more than 
 years before the day of sale under any Enclosure Act or 
 award, are, unless the contrary appears, to be deemed duly 
 
 (a) See other conditions as to production of documents, supra Nos. 
 10 and 10a, and see p. 205 (ec) infra. 
 
SPECIAL CONDITIONS. 195 
 
 made in respect of the title under which the lands taken 
 in exchange or on allotment appear by the abstract or 
 otherwise to have been since held, and no requisition or 
 objection is to be made in respect of any such exchange 
 or allotment, or in respect of the title to the land given 
 in exchange, or in respect whereof the allotment was 
 made. 
 
 17. The lease being at a nominal rent, the mere fact 
 of possession under it at the time of completion of the 
 purchase shall be accepted as sufficient evidence of due 
 performance of the lessee’s covenants up to that time. 
 
 18. Where any mortgage has been made to the trus- 
 tees of a building society, and a receipt for the money 
 secured appears to be indorsed on the mortgage deed and 
 to be signed by the trustees and countersigned by the 
 secretary of the society, the purchaser is to assume that 
 the persons so signing were at the time of signing the 
 duly appointed trustees and secretary respectively of 
 the society, and accordingly that the receipt operated as 
 a complete release and reconveyance of the mortgaged 
 property, and is not to make any requisition, objection, or 
 inquiry in reference to the appointment of the trustees or 
 secretary or the constitution of the society (a). 
 
 19. It is to be assumed that no wife or widow of any 
 former owner is entitled to dower or freebench unless it 
 appear on the abstract that he was married (0). 
 
 20. No information is to be asked for, nor is any other 
 inquiry to be made as to the origin or creation of any 
 quit or chief rent. 
 
 21. Every recital or statement contained in any deed 
 or other instrument dated years or upwards prior 
 to the day of sale, is to be accepted as conclusive evidence 
 of the matter or fact recited or stated (c). 
 
 (a) See the Act 37 & 88 Vict. c. 42, s. 42; and as to Friendly 
 Societies see 88 & 39 Vict. c. 60, s. 16 (7). 
 (b) This condition is only necessary in case of an intestacy, or of a 
 person of an age to have been married on or before lst January, 1834. 
 (c) This condition is only required where the recital is contained in 
 an instrument dated within twenty years (see V. & P. A. 1874, s. 2). 
 0 2 
 
 Covenants in 
 lease at a 
 nominal rent. 
 
 Building 
 society mort- 
 gages, 
 
 Dower. 
 
 Origin of rents. 
 
 Recitals 
 evidence. 
 
Unstamped 
 documents. 
 
 Unstamped or 
 unregistered 
 documents, 
 
 Power of 
 attorney to 
 surrender 
 copyholds. 
 
 Sale of business 
 as a going 
 concern. 
 
 196 SPECIAL CONDITIONS. 
 
 22. No objection is to be made on account of any 
 document dated years or upwards prior to the day 
 of sale being unstamped or not sufficiently stamped, and 
 any document which [the] any purchaser shall require to 
 be stamped or further stamped shall be procured to be 
 so stamped by him and at his expense. 
 
 23. No objection is to be made on account of any 
 document dated years or upwards prior to the day 
 of sale being unstamped or insufficiently stamped or not 
 being registered in the Deeds Registry, and any 
 document which the purchaser may require to be stamped 
 or further stamped or registered shall be procured to be 
 so stamped or registered by him and at his expense. 
 
 24. It is to be assumed that every surrender or 
 admittance pursuant to power of attorney was authorized 
 by the power under which it appears on the court rolls to 
 have been made, and production of the power is not to be 
 
 required. 
 25. If the balance of the purchase and valuation money 
 [for Lot | should be paid before the day of 
 
 next the purchaser [of that lot] is to be let into 
 possession |thereof| as a going concern on that day, and 
 on and from that day is to become liable to discharge 
 and shall discharge all wages and other outgoings con- 
 nected with the business, and is to indemnify the vendor 
 against all liabilities and outgoings of the business as 
 from that day; but if for any reason possession |of 
 Lot —_| is not delivered to the purchaser on the day 
 aforesaid the business on and from that day is to be 
 carried on by or under the direction of the vendor, at the 
 risk and cost but for the benefit of the purchaser thereof 
 until possession is delivered to him. And any question 
 which may arise as to the balance due. to or from the 
 purchaser in respect of the business, and any other ques- 
 tion which may arise in reference to the carrying on the 
 same, is to be settled or decided [in case of sale by the 
 Court by the Judge at Chambers ov] by the arbitration 
 of, &e. [See special condition No. 48 as to appointment of 
 arbitrators and umpire |, 
 
SPECIAL CONDITIONS. 197 
 
 26. By deed dated the day of the.property 
 was sub-demised by way of mortgage for the residue, 
 except the last days of the term, granted by the 
 lease mentioned in the particulars, and the term so 
 created was sold by the mortgagees under a power in the 
 deed. [| (a) The power contains a provision that after a 
 sale the mortgagor should stand possessed of the principal 
 term for which the lease was granted in trust for the pur- 
 chaser, and the benefit of this trust is included in the 
 present sale.| The purchaser at this sale is to have an 
 assignment from the vendor of the mortgage term only, 
 and is not to require the vendor to procure any assign- 
 ment of the principal term, nor to require him to shew in 
 whom this principal term is now vested; and any assign- 
 ment or vesting order, and all information and evidence 
 requisite to procure an assignment or vesting order for 
 the purpose of getting in the principal term, is to be 
 searched for and obtained by and at the expense of the 
 purchaser. 
 
 27. The mortgage deed under which the vendors] 
 sell[s] demised the premises for the residue except the 
 last days of the principal term granted by the lease 
 mentioned in the particulars (b). By the deed the mort- 
 gagor is constituted a trustee of the premises for the 
 residue of the term granted by the lease in trust to 
 assign and dispose of the same as the persons entitled 
 to the mortgage money shall direct, and contains a [an 
 irrevocable] power of attorney to assign the term. The 
 purchaser is to be entitled to the benefit (to be enforced 
 or obtained at his own expense) of the trust, and to an 
 assignment of the principal term under the power if and 
 so far as the power is available, but shall not require it to 
 be shewn that the power is now available, nor make any 
 objection on account of its not being available. 
 
 (a) If the power does not contain the clause here referred to, the 
 words in brackets must be omitted. As to the statement in the parci- 
 culars of the length of the term sold, see n. to next condition. 
 
 (b) The particulars must state the term sold as being the residue 
 less the specified days of the term granted by the original lease. 
 
 Mortgage term 
 by sub-demise, 
 the sale being 
 made by pur- 
 chasers from 
 the mort- 
 gagees, 
 
 Mortgage 
 term by gub- 
 demise sald by 
 mortgagees. 
 
Contents of 
 leases. 
 
 Where there is 
 a covenant not 
 to assign, 
 
 Provision for 
 underleases 
 described as 
 leasess 
 
 Asto covenants 
 where lease~ 
 holds subject 
 to underleases. 
 
 Contents of 
 tenants’ leases. 
 
 198 SPECIAL CONDITIONS. 
 
 28. An abstract or copy of the lease [or underlease] 
 creating the term sold as mentioned in the particulars 
 can be inspected at during a period of fourteen 
 days prior to the day of sale or in the sale-room at the 
 time of sale; and the purchaser is to be deemed to have 
 notice of all the contents thereof, and such notice shall 
 not be affected by any partial or incomplete statement 
 of those contents in the particulars or these conditions 
 [add in case of an underlease, and no inquiry is to be 
 made as to the contents of the superior lease]. 
 
 29. The lease [or underlease] contains a restriction on 
 assignment without license. The vendor is immediately 
 after the sale to apply for and endeavour to obtain the 
 necessary license, and if unable to obtain it within 
 weeks from the day of sale is to be entitled to rescind the 
 contract for sale in the same manner and upon the same 
 terms as if the purchaser had made and insisted on a 
 requisition which the vendor is unable to comply with. 
 
 30. It is believed that every lot held by under- 
 lease is so described in the particulars, but if any lot 
 described as held by lease should appear to be held by 
 underlease the purchaser thereof is not to make any 
 objection on this account, nor claim any compensation 
 on the ground of misdescription (a). 
 
 31. No objection shall be made on account of the 
 covenants by the tenant in any underlease not corre- 
 sponding with the covenants by the lessee in the lease 
 under which the property is held (0). 
 
 32. Counterparts or copies of the leases or of the 
 agreements (if in writing) under which the tenants hold 
 
 (a) A purchaser is not bound to take a title by underlease instead of 
 
 lease: Madeley v. Booth, 2 De G. & 8. 718; unless the particulars and 
 
 conditions are sufficient to give him notice to the contrary: Camber- 
 well Building Society v. Holloway, 13 Ch. D. 754. An underlease may 
 generally be known by its being for a term less a few days, or by the 
 rent being reserved to or the covenants being entered into with the 
 executors and administrators, and not the heirs. 
 
 (b) As to the risk incurred where these covenants do not correspond, 
 see 4 Jarm. & By. Conv. 514. 
 
SPECIAL CONDITIONS. 199 
 
 can be inspected at during a period of fourteen 
 days prior to the day of sale or in the sale-room at the 
 time of sale, and the [each] purchaser is to be deemed to 
 have notice of and to take subject to the terms of all the 
 existing tenancies, whether arising during the continu- 
 ance or after the expiration thereof, and such notice shall 
 not be affected by any partial or incomplete statement in 
 the particulars with reference to the tenancies (a). 
 
 33. No objection is to be made on the ground that any 
 lease or agreement for tenancy was made or entered into by 
 a mortgagor without the concurrence of his mortgagees(b), 
 
 33a. If any buildings on the property | o7 on lot | 
 should be destroyed or damaged by fire before the day 
 fixed for the completion of the purchase, or subsequently 
 while any insurance against fire subsists thereon in favour 
 of the vendor, the purchaser is to be entitled to the 
 benefit of such insurance upon paying the vendor the 
 amount of the last premium paid thereon (c). 
 
 34. The property is [or the several lots are| sold 
 subject to all quit, chief and other rents, rights of way, 
 light, and other easements (if any) affecting the same, 
 and to any subsisting lability under enclosure award, 
 covenant, or otherwise, to repair the fences, roads, or 
 streets, and to the rights of the tenants to fixtures (if 
 any), or to their statutory rights; [and the purchaser 
 is to be deemed to have notice of the terms upon which 
 all the tenants hold (d). | 
 
 30. The several purchasers shall take their convey- 
 ances subject to the apportioned rents stated in the 
 
 (a) The purchaser is not bound to ascertain from a tenant the 
 terms of his tenancy: Caballero v. Henty, L. R. 9 Ch. App. 447. 
 
 (b) As to this, see now the C. A. s. 18 (1) (16), notwithstanding 
 which the condition will always be necessary where the lease is not 
 authorized by that section or by agreement. 
 
 (c) In the absence of an express contract the purchaser is not 
 entitled to the insurance money: Rayner v. Preston, 14 Ch. D. 297%, 
 Un ok © 5 Fo tiga 
 
 (d) Condition No. 82 should be used where there are any leases or 
 agreements in writing with the tenants. See n. to that condition. 
 
 Leases by 
 mortgagor 
 alone. 
 
 Benefit of fire 
 insurance, 
 
 Easements, 
 tenancies, 
 fences, &c. 
 
 Apportioned 
 terants’ rents. 
 
Apportioned 
 rents of lease- 
 holds. 
 
 Apportion- 
 ment of land 
 tax and tithe 
 rent-charge. 
 Freedom from 
 land tax and 
 tithe rent- 
 charge. 
 
 Enlargement 
 of long term 
 
 into tee simple. 
 
 Identity. 
 
 200 SPECIAL CONDITIONS. 
 
 particulars, and shall not require the assent of any 
 tenant thereto, nor otherwise require such rents to be 
 legally apportioned. 
 
 36. Where any lots are held or are to be assigned at 
 apportioned rents, the several purchasers shall accept 
 their assignments at or subject to such apportioned rents, 
 and shall not require the consent of the landlord to be 
 shewn or to be obtained to the apportionment, nor re- 
 quire the rents to be otherwise legally apportioned. 
 
 37. The vendor is not to be required to obtain the 
 apportionment of any land tax or tithe rent-charge. 
 
 38. Freedom from land tax or tithe rent-charge is to 
 be deemed sufficiently evidenced by the fact that the 
 land-tax assessment books or the tithe commutation 
 award, as the case may be, do not shew any land tax or 
 tithe rent-charge to be payable [but the purchaser is to 
 be furnished at his own expense, if he so require, with a 
 statutory declaration that no land tax or tithe rent-charge 
 has been paid for twelve years next before the day of 
 
 sale (a)]. 
 
 39. Part of the property [Lots and , or parts 
 thereof,| was |were| demised with other land for a term 
 of 500 years from, &c., 1790, by an indenture dated &c., 
 and this term, so far as regards the part now offered for 
 sale of the premises comprised therein, has been en- 
 larged into a fee-simple, but the vendor|s] has [have] 
 not the original, or any copy of the indenture of demise, 
 nor any information relating to it other than such as ap- 
 pears on the abstract, and it shall be assumed unless the 
 contrary appears that the term has been duly enlarged 
 into a fee simple. 
 
 40. No further or other evidence is to be required of 
 the identity of the property |or lot or lots] described in 
 the particulars with the property to which title is shewn 
 by the abstract besides such evidence (if any) as may 
 be gathered from the descriptions in the documents 
 
 (a) This last paragraph should only be inserted when it is possible 
 to obtain the required statutory declaration. 
 
SPECIAL CONDITIONS. . «265 
 
 abstracted ; [but the [any] purchaser is to be furnished at 
 his own expense, if he so require, with a statutory declara- 
 tion [by the vendor or some other person| that the pro- 
 perty has [or lot or lots have] for twelve years prior to 
 the day of sale been held and enjoyed in accordance with 
 the title shewn thereto (a). ] 
 
 41. The vendor, being a mortgagee [or a trustee or an 
 executor], is to be required to give only the statutory 
 covenant implied by reason of his being expressed to 
 convey as mortgagee [or trustee or personal representa- 
 tive |. 
 
 41a. The vendor sells and will convey as a tenant for 
 life under the Settled Land Act, 1882, the trustees for the 
 purposes of the Act joining in the conveyance only for 
 the purpose of acknowledging the receipt of the purchase- 
 money, and the purchaser is not to require any covenant 
 except the statutory covenant implied by the vendor 
 conveying as beneficial owner, with a proviso limiting 
 the same so far as regards the reversion or remainder 
 expectant on his life estate, and the title to and further 
 assurance of the premises after his death, to the acts and 
 defaults of himself and his own heirs and persons deriving 
 title under him or them. 
 
 42. No release by a separate instrument of any incum- 
 brance shall be required, nor shall any objection be made 
 on the ground of expense or otherwise to any incum- 
 -brancer joining in the conveyance to the [any | purchaser. 
 
 43. Measurements and quantities of land are to be 
 deemed correct and are not to be the subject of compen- 
 sation if incorrect. In other respects any incorrect state- 
 ment, or any error or omission which may be discovered 
 in the particulars or conditions of sale affecting the 
 nature or value of the property [any lot] is not to annul 
 the sale, but if pointed out before completion the vendor 
 or the purchaser, as the case may be and require, is to 
 pay or allow compensation on account thereof, and the 
 amount in case of dispute is to be settled by the arbitra- 
 
 —- — — -—- a 
 
 (a) See note («), p. 200. 
 
 Covenant by 
 vendor as 
 mortgagee or 
 trustee. 
 
 Where vendor 
 is tenant for - 
 life. 
 
 Incumbrancers 
 not to be 
 required to 
 release by 
 separate 
 instrument. 
 Errors in de- 
 scription (com- 
 pensation). 
 
Errors in 
 description 
 (no compensa- 
 tion), 
 
 Documents, 
 where retained 
 by vendor as 
 beneficial 
 owner, 
 
 Where retained 
 by vendor as 
 mortgagee or 
 trustee. 
 
 Offer by 
 trustees, &c., 
 of compensa- 
 tion for mis- 
 description. 
 
 202 SPECIAL CONDITIONS. 
 
 tion of two referees, one to be appointed by the vendor, 
 and the other by the purchaser, or by an umpire to be 
 appointed by the two referees before they proceed on 
 the reference, and the decision of the referees, if they 
 agree, or of the umpire, if they disagree, is to be conclu- 
 sive [or where sale 1s under the Court is to be settled by 
 the Judge at chambers] (a). 
 
 44. The property is [several lots are] believed to be 
 and is [are] to be taken as correctly described, and any 
 incorrect statement, error, or omission found in the par- 
 ticulars or conditions is not to annul the sale nor entitle 
 the [any] purchaser to be discharged from his purchase, 
 nor is the vendor or [any] purchaser to claim or be 
 allowed any compensation in respect thereof (b). 
 
 45. The vendor is to retain all documents relating to 
 any property not comprised in this sale, and to give, at 
 the cost of any purchaser requiring it, a statutory acknow- 
 ledgment of the right of the [each] purchaser to produc- 
 tion of documents so retained, and to delivery of copies 
 thereof, and also a statutory undertaking for safe custody 
 thereof. 
 
 46. The vendor is to retain all documents relating to 
 any property not comprised in this sale, and to give, at 
 at the cost of any purchaser requiring it, a statutory 
 acknowledgment of the right of the [each] purchaser to 
 production of documents so retained, and to delivery of 
 copies thereof, but being a mortgagee [or trustee] is not 
 to be required to give any undertaking or covenant for 
 safe custody thereof (c). 
 
 (a) This condition, when used by trustees or mortgagees, cannot be 
 enforced by them to cover misdescriptions arising from their own gross 
 negligence: White v. Cuddon, 8 Cl. & Fin. 766, 787. But its useis not 
 depreciatory : Hobson v. Bell, 2 Beav. 17, 24: 
 
 (b) This condition is convenient in cases of houses or small plots of 
 land. 
 
 (c) A mortgagee or trustee may safely give an acknowledgment of 
 the right to production and delivery of copies, as it only binds him to 
 produce while he has possession, C. A. s. 9 (2), and to this he cannot 
 reasonably object. 
 
* SPECIAL CONDITIONS. 203 
 
 47. After the sale of all the lots, or of all the lots to 
 which any set of documents relates, as the case may 
 happen, the purchaser whose purchase-money is largest is 
 to be entitled to the custody of such documents in the 
 possession of the vendor as relate to any other lot as 
 well as the lot or lots purchased by that purchaser [and 
 do not relate to any other property besides that com- 
 prised in this sale], but in respect of documents delivered 
 to him which relate to the lot or lots of any other 
 purchaser is to give to that other purchaser, if he so 
 require, a statutory acknowledgment of his right to pro- 
 duction and to delivery of copies thereof, and also a statu- 
 tory undertaking for safe custody thereof. If any lot be 
 not sold the vendor may until sale thereof retain all 
 documents relating thereto, and in respect of any docu- 
 ments retained by the vendor he is to give to any pur- 
 chaser who may so require the before-mentioned statutory 
 ' acknowledgment and [or but not the (a) | undertaking, and 
 every acknowledgment | or undertaking | given under this 
 condition is to be prepared and approved on behalf of all 
 parties thereto at the expense of the person to whom it is 
 given. 
 
 SECT IL: 
 
 SPECIAL CONDITIONS APPLICABLE TO SALES UNDER 
 THE COURT. 
 
 48. All facts or matters appearing to be proved or to 
 be certified by the chief clerk, or to be stated in any 
 judgment or order in the action [proceedings] in which 
 this sale is made are to be deemed thereby sufficiently 
 and conclusively evidenced, and the purchaser is to 
 assume that all necessary and proper consents preliminary 
 to a sale have been obtained (0), and is not to require 
 
 (a) These words in brackets apply in case of a mortgagee or trustee 
 selling. ‘ 
 
 (b) It may be as well to insert these words as to consent, though 
 they scarcely seem necessary now, having regard to C. A. s. 70; see 
 note to s. 70 of the Act, anée. 
 
 Documents, 
 where de- 
 livered to 
 purchaser. 
 
 Certificates, 
 proofs in pro- 
 ceedings, &c., 
 to be evidence. 
 
Reservations 
 how to be 
 provided for, 
 
 Production of 
 documents in 
 nands of 
 mortgagees. 
 
 As to applica- 
 tion of money 
 in discharge of 
 incumbrances. 
 
 _ Legal estate 
 and discharge 
 for purchase- 
 money make 
 a good title. 
 
 204 SPECIAL CONDITIONS. 
 
 the concurrence in his conveyance of any persons bene- 
 ficially interested whose rights appear to be bound by 
 the judgment or order under which the sale is made (a). 
 
 49. Where a lot is sold subject ta or with a reservation 
 of any right, effect shall (in case of difference) be given 
 thereto in such manner and at the expense of such 
 persons as the Judge may direct (0). 
 
 50. The documents relating to Lots are in the 
 hands of mortgagees, and production thereof is not to be 
 required until the mortgages are satisfied (c). If a pur- 
 chaser of any of these lots require his abstract to be 
 verified, he is himself at his own cost to obtain pro- 
 duction of documents in the possession of any mortgagee, 
 and if he cannot obtain such production, is to accept 
 such verification of the abstract as the vendor is able to 
 furnish, and is to bear all expenses incurred in obtaining 
 or consequent on production of such documents. 
 
 51. The sale is made for payment of incumbrances 
 affecting all or some of the lots. Hach purchaser is, 
 notwithstanding these incumbrances, to pay his whole 
 purchase-money into Court, as provided by these con- 
 
 (a) These words as to the concurrence of persons beneficially in- 
 terested are convenient but not necessary. The complete title is 
 obtained by a conveyance of the legal estate and a good discharge for 
 the purchase-money. Consequently in sales by the Court, the only 
 necessary party to the conveyance is the person having, or enabled to 
 convey, the legal estate; as for instance, a mortgagee or trustee, or a 
 person appointed by the Court to convey. The discharge for the 
 purchase-money is obtained by payment into Court, and all equities 
 are bound. But it often happens that a purchaser asks for the con- 
 currence in the conveyance of persons having equitable interests, and 
 it is convenient to be able to point to a condition expressly excluding 
 his right to require their concurrence. 
 
 (6) The order of the Judge settling the form of conveyance is sub- 
 ject to appeal: Pollock v. Rabbits, 21 Ch. D. 466. 
 
 (c) This can be done under s. 5 of the C. A. out of the purchase- 
 moneys when paid into Court (note on that section ante). Where the 
 mortgages are subsequent to 1851, and come within s. 16 of the C. A., 
 this condition is unnecessary; the mortgagor can procure production 
 under that s., and the expense incurred falls on the purchaser, C. A. 
 s. 3 (6). 
 
SPECIAL CONDITIONS. 205 
 
 ditions, to form a common fund to be applied under the 
 direction of the Court in payment of these incumbrances, 
 and is not, after having accepted the title to any lot 
 purchased by him, to object [to the setting apart out of 
 the common fund of money to answer the claim of 
 incumbrancers having priority over the interests of the 
 parties to the action, and not consenting to the sale, 
 nor (a)| to payment out of the [balance of the] common 
 fund of the amount due to any incumbrancer consenting 
 to the sale, or otherwise bound by the order for sale. 
 
 52. The conveyance to the [each] purchaser is to be 
 made either by a vesting order, or by a person appointed 
 ‘for the purpose by the Court, who is to be required to 
 give only the statutory covenant against incumbrances 
 implied by reason of his being expressed to convey under 
 the order of the Court and the vesting order, or the order 
 appointing a person to convey, shall be obtained by the 
 [each | purchaser at his own expense, and may be included 
 in the order for payment into Court. 
 
 (¢) The words in brackets should be omitted where there are no 
 prior incumbrancers whose claims are to be satisfied by setting apart 
 a fund under C. A. s. 5 (see note to that s. ante). Where there are 
 such prior incumbrancers, the funds for them must be set apart first, 
 otherwise there might not he sufficient to pay them, and the pur- 
 chasers could not get their conveyances. It will be for the purchasers 
 to see that there is sufficient set apart under s. 5 to answer prior in- 
 cumbrancers. If there is, there can be no difficulty in completing. 
 If there is not, the sale of all the lots must fail, as before the Act in 
 the like case, and the order for sale must be contingent on this. 
 
 As to covenant 
 by person 
 appointed to 
 convey. 
 
PURCHASE 
 DEED. 
 
 No. 1. 
 
 Proviso re-' 
 stricting the 
 covenant by 
 tenant for lite. 
 
 No. 2. 
 
 Covenant by 
 purchaser of 
 leasehold to 
 
 pay rent, &c. 
 
 Heirs, exe- 
 cutors &c., 
 omitted of 
 covenantor ; 
 
 of covenantee, 
 
 206 GENERAL FORMS. 
 
 CHAPTER IV. 
 FORMS IN DEEDS AND WILLS. 
 
 SECT. I. 
 Forms IN PurcHASE DEEDs. 
 
 PROVIDED ALWAYS that so far as regards the reversion 
 or remainder expectant on the life estate of [tenant for 
 life|in the premises hereby conveyed, and the title to 
 and further assurance thereof after his death, the cove- 
 nant by him in these presents implied by statute shall 
 not extend to the acts or defaults of any person other 
 than and besides himself and his own heirs and persons 
 deriving title through or under him, them, or any of 
 them (a). 
 
 Anp [purchaser] hereby (b) covenants with |ven- 
 dor(s)| (c) that [purchaser] or the persons deriving title 
 under him will henceforth from time to time duly pay 
 all rent becoming due under the said lease, and observe 
 and perform all the covenants and conditions therein 
 
 (a) See Dart, p. 548, 5th ed. 
 
 (b) The heirs, executors, and administrators of the covenantor are 
 bound without being mentioned, the heirs by C. A. s. 59, and the 
 executors or administrators by the common law (Wms. Exors. 1728, 
 8th ed.). The assigns of the covenantor are not mentioned in this and 
 similar covenants, post, because they are personal covenants. The 
 mention of the assigns of the covenantor has no force except in real 
 covenants, the burden of which is intended to be thrown on the assignee 
 of the land, as to which see note to C. A. s, 58, ante. 
 
 (c) This covenant is by C. A. s. 58 (2) deemed to be made with the 
 executors, administrators, and assigns of the covenantee. Where the 
 covenant relates to lands of inheritance, it is deemed to be made with 
 the heirs and assigns of the covenantee (subs. 1). Covenantee includes 
 covenantees : see note to C. A. s. 50. 
 
GENERAL FORMS. 207 
 
 contained, and henceforth on the part of the lessee|s| 
 to be observed or performed, AND also will at all times 
 hereafter save harmless and keep indemnified [vendor(s) | 
 and his [their] estate and effects from and against all 
 proceedings, claims, and expenses on account of any 
 omission to pay the said rent or any breach of any of 
 the said covenants and conditions. 
 
 AnD [vendor(s)] hereby acknowledge[s| the right of 
 [purchaser] to production of the documents mentioned in 
 the schedule hereto, and to delivery of copies thereof (a). 
 
 AND hereby undertakes for the safe custody thereof (0). 
 
 SECT. IL 
 Forms IN MortTGAGES. 
 
 [ Mortgagor| hereby covenants with | mortgagee(s) | (c) 
 to pay to him [them] on the day of next 
 [generally sie calendar months from date of deed] the 
 sum of £ , with interest thereon in the meantime 
 at the rate of per cent. per annum, computed from 
 the date hereof 
 
 [In case of further advances add :] 
 AND also within three calendar months from the day 
 when any further money shall be advanced by or become 
 due to |mortgagee(s)| (other than for interest) under 
 these presents, to pay to him [them] the amount thereof, 
 
 (a) This acknowledgment may safely be given by trustees or mort- 
 gagees. As to the obligations imposed by, and the rights under an 
 acknowledgment, see C. A. s. 9 (1)-(8). 
 
 (b) As to the obligations imposed by, and the rights under an under- 
 ’ taking, see C. A. s. 9 (9)-(11). 
 
 (c) It is unnecessary to specify the “executors, administrators, or 
 assigns” of the mortgagee. The right to sue on the covenant devolves 
 on them without their being mentioned. By C. A.s. 60, where the cove- 
 nant is with two or more, the payment is to be made to the person on 
 whom the right to sue devolves; therefore it is unnecessary to mention 
 the survivor or survivors of them. The same principle applies to the 
 subsequent forms of covenant where there is any other act to be done. 
 
 PURCHASE 
 DEED. 
 
 No. 2. 
 
 —_—— 
 
 No. 3. 
 
 Acknow- 
 ledgment of 
 right to 
 production. 
 
 Undertaking 
 for safe 
 custody 
 
 MORTGAGES. 
 
 No. 4. 
 
 Covenant for 
 payment of 
 principal. 
 
 No. 4a. 
 
 Further 
 advances, 
 
 Executors, &c., 
 of mortgagee 
 omitted. 
 
MORTGAGES. 
 
 No. 4a. 
 
 — 
 
 No. 40. 
 
 and interest. 
 
 No. 4e. 
 
 Joint and 
 several 
 covenants. 
 
 No. 5. 
 
 Trust of 
 principal term 
 in mortgage 
 by sub-demise. 
 
 No. 5a. 
 
 Appointment 
 of mortgagee[s | 
 as attorney[s | 
 to assign 
 original term. 
 
 208 GENERAL FORMS. 
 
 with interest thereon at the rate aforesaid from the 
 day-of the same being advanced or becoming due ; 
 
 AND also so long as any principal money shall remain 
 
 due under these presents after the said day of 
 , to pay to [mortgagee(s)| interest thereon at the 
 
 rate aforesaid, by equal half yearly payments on the 
 
 day of and the day of in every year. 
 
 | Mortgagors| jointly, and as separate covenants, every 
 two and three of them hereby covenant and each of 
 them hereby covenants with | mortgagee(s)| to pay him 
 [them ], on the day of next the sum of £ 
 with interest thereon, in the meantime, at the rate of 
 per cent. per annum, computed from the date 
 hereof. 
 
 [ To follow demise of leaseholds : | 
 AND [mortgagor| hereby covenants with [| mortgagee(s) | 
 
 ‘that [mortgagor| will henceforth stand possessed of the 
 
 premises comprised in the said lease for the residue of ° 
 the term thereby granted In trust for [mortgagee(s) | 
 and to assign and dispose of the same as he [they] or the 
 persons or person deriving title under him [them] shall 
 from time to time direct, but subject to the proviso for 
 redemption hereinafter contained (a). 
 
 AND THIS INDENTURE ALSO WITNESSETH that for the 
 consideration aforesaid [mortgagor] hereby irrevocably 
 nominates and appoints |mortgagee(s)| [and each of 
 them] or [their or] his substitute or substitutes to be 
 the attorneys and attorney of [mortgagor] for him and 
 in his name and on his behalf and as his act and deed 
 to sign, seal, and deliver and otherwise perfect any 
 deed of assignment of the term granted by the recited 
 
 (a) This clause makes the mortgagor a trustee for the mortgagee on 
 foreclosure as well as on sale. Where the mortgagor merely covenants 
 to assign, it is questionable whether a vesting order can be obtained : 
 Re Propert, 22 L. J. Ch. 948, But now an irrevocable power of attorney 
 to assign can be given under C. A. 1882, s. 8 (see next form No. da), 
 but that power would cease on the death of the person named attorney. 
 
GENERAL FORMS. 209 
 
 lease, which may be required in order to vest in a pur- 
 chaser or any other person the residue of the term 
 granted by that lease (a). 
 
 (That is to say,)—IT IS HEREBY PROVIDED AND AGREED 
 that on payment on the day of next [the day 
 mentioned for payment of principal in Form No. 4] by 
 | mortgagor| or the persons deriving title under him to 
 [mortgagee(s)| or the persons deriving title under him 
 [them] of the sum of £ , with interest thereon in 
 ‘the meantime at the rate of per cent. per annum, 
 and all expenses attendant on or incidental to this 
 security, with interest at the rate aforesaid, the premises 
 hereinbefore conveyed [demised] shall at the request 
 and cost of [mortgagor], or the persons deriving title 
 under him, be duly reconveyed [surrendered] to him or 
 them (0). 
 
 [ Zo follow covenant to surrender copyholds :] 
 
 SuBJECT to a condition for making void the said 
 surrender on payment on the day of next 
 [the day mentioned for payment of principal in Form 
 No. 4| by [mortgagor] or the persons deriving title under 
 him to | mortgagee(s)| or the persons deriving title under 
 him [them] of the sum of £ , with interest thereon 
 in the meantime at the rate of per cent. per annum. 
 
 AND [mortgagor| hereby covenants with | mortgagee(s) | 
 that the premises hereinbefore covenanted to be surren- 
 dered shall henceforth stand charged with the payment 
 
 (a) This form renders necessary a 10s. stamp on the power of attorney. 
 Its object is to prevent the necessity for a vesting order under the last 
 form No. 5. The power being an authority coupled with an interest, 
 even if not expressly made irrevocable, would be irrevocable while any 
 money remains on the security: Gaussen v. Morton, 10 B. & C. 731; 
 Clerk v. Laurie, 2 H. & N. 200, per Williams, J.; Bromley v. Holland, 
 7 Ves. 28. See Special Condition 27, p. 197, ante, applicable to a sale 
 under a mortgage containing Forms Nos. 5 and 5a. See also note to 
 last form. 
 
 (b) The proviso for redemption may be shortened by reference to the 
 covenant for payment, but it is more convenient that the proviso should 
 be complete in itself, 
 
 5 
 
 MORTGAGES, 
 
 No. 5a. 
 
 No. 6. 
 
 Proviso for 
 redemption of 
 freeholds and 
 leaseholds by 
 sub-demise. 
 
 INO. 7 
 
 Proviso for 
 redemption of 
 copyholds. 
 
 Charge on 
 copyholds, 
 
MORTGAGES. 
 
 Nowe 
 
 No. 8. 
 
 Covenant to 
 keep up Life 
 Policy. 
 
 210 GENERAL FORMS. 
 
 of all moneys hereby secured: And that until surrender 
 [mortgagor] and all persons deriving title under him will 
 stand possessed thereof upon trust for [mortgagee(s)]|, 
 and to dispose of the same as he [they] or the persons 
 deriving title under him [them] shall direct (a). 3 
 
 AND [mortgagor | hereby covenants with [mortgagee(s) | 
 in manner following, that is to say, that so long as any 
 money remains due under these presents | mortgagor | will 
 not, without giving notice in writing to [mortgagee(s) |, go 
 beyond the limits (b) permitted by the policy [ies] hereby 
 assigned, or any new policy to be effected as hereinafter 
 provided, and will not do or permit anything whereby 
 any such policy may become void or voidable, or whereby 
 | mortgagee(s)| may be prevented from receiving or re- 
 covering any money thereby assured; And that | mort- 
 gagor | will immediately, at his own cost, in case any such 
 policy should become voidable, do all things necessary for 
 restoring the same; And in case any such policy should 
 become void, also do and furnish all acts, certificates, and 
 things necessary or proper to enable | mortgagee(s) | to effect 
 a new policy on the life of [mortgagor] in the name(s) of 
 | mortgagee(s) | (c) for the amount which “would have 
 become payable under the void policy if it had remained 
 in force and [mortgagor| had died; And that every such 
 new policy, and the money payable thereunder, shall be 
 subject to the like right of redemption, and be held and 
 applied in like manner as the policy[ies] hereby assigned. 
 and the money payable thereunder; And further, that 
 | mortgagor| will during the continuance of the present 
 
 (a) This clause operates as a charge which enables a sale under the 
 statutory power of sale. The statutory power of sale is conferred only 
 under a mortgage or charge by deed: C. A. s. 19, and s. 2 (vi.). The 
 legal estate must be got in under the Trustee Acts or otherwise. 
 
 (6) Going beyond limits would not make a policy void if the proper 
 additional premium be paid, but might throw an additional charge on 
 the mortgagee. 
 
 (c) The addition of the survivors or survivor, or of any other person 
 to whom the right to sue on this covenant devolves is not necessary, 
 see C. A. s. 60. 
 
GENERAL FORMS. MEE 
 
 security duly pay every sum from time to time payable 
 for keeping on foot every policy for the time being subject 
 to this security, and will make each such payment within 
 three days after the first day on which it becomes payable, 
 and will forthwith deliver the receipt for [or other satis- 
 factory evidence of (a) | every such payment to [mort- 
 gagee(s) |; and that in default [mortgagee(s)| may pay 
 
 every such sum, and | mortgagor | will repay to the | mort- 
 
 gagee(s) | all sums so paid, and all costs and expenses 
 incurred in restoring any voidable policy or in effecting 
 any new policy or otherwise in relation to the premises, 
 with interest for the same at the rate of per cent. 
 per annum from the time of each payment; And until 
 repayment, the premises hereinbefore conveyed | demised 
 and assigned|, and every new policy to be effected as 
 aforesaid, shall stand charged with the amount so to be 
 repaid and the interest thereon. 
 
 AND [mortgagor| hereby covenants with | mortgagee(s) | 
 that so long as any money remains due under these 
 presents [mortgagor |, or the persons deriving title under 
 him, will insure and keep insured all buildings upon 
 the premises hereby conveyed [demised] against loss 
 or damage by fire, in at least the sum of £ [ 07, 
 a sum equal to two-thirds of the amount required to 
 rebuild the same in case of.total destruction], and will 
 pay every sum from time to time payable for keeping 
 on foot every such insurance within three days after the 
 first day on which it becomes payable, and will forthwith 
 deliver [o7v, will from time to time when required produce | 
 to [mortgagee(s)| the policy or policies of insurance [or 
 other proper evidence of the subsistence thereof], and 
 also when required deliver to him [them] the receipt 
 for [or, other satisfactory evidence of payment of (0) | 
 every sum payable as aforesaid and in default that [mort- 
 
 (a) If the mortgage is not a first mortgage the receipts may have to 
 be delivered to the first mortgagee. 
 
 (b) The receipts may have to be delivered to a prior mortgagee or 
 some one else. 
 
 p 2 
 
 MORTGAGES. 
 
 No. 8. 
 
 No. 9. 
 
 Covenant to 
 keep up Fire 
 Insurance. 
 
MORTGAGES. 
 
 No. 9. 
 
 os 
 
 Covenant to 
 satisfy statu- 
 tory right. 
 
 No. 10. 
 
 Provision for 
 reduction of 
 interest, pay- 
 ment being 
 continuous. 
 
 212 GENERAL FORMS. 
 
 gagor| will repay to [mortgagee(s)| every sum which 
 under the statutory power for the purpose may be ex- 
 pended by him [them], or persons deriving title under 
 him [them], in keeping the said buildings insured to the 
 amount aforesaid, with interest thereon at the rate of 
 
 per cent. per annum from the time of each pay- 
 ment (a); AND IT IS HEREBY AGREED that the covenant as 
 to insurance hereinbefore contained shall so long as the 
 same is duly performed be in satisfaction of the statutory 
 right of the |[mortgagee(s)| to effect and keep on foot 
 Fire insurances. 
 
 Anpv [mortgagee(s)| hereby covenant(s) with [mort- 
 gagor| that if on each half-yearly day hereinbefore fixed 
 for payment of interest, while any principal money remains 
 due under these presents, or within thirty days next after 
 each of the said days respectively, there should be con- 
 tinuously paid to [mortgagee(s)| interest on such principal 
 money at the rate of [reduced rate] per cent. per annum, 
 [and there should not be any breach of any obligation, 
 statutory or otherwise, binding on | mortgagor] (b), or of 
 any of the covenants whether express or implied, herein- 
 before contained and on his part to be observed or 
 performed, other than and besides the covenant for 
 payment of the principal money and interest hereby 
 secured (c)]|, then [mortgagee(s)| will accept interest for 
 the principal money so for the time being due at the rate 
 of [reduced rate| per cent. per annum, so long as interest 
 at that rate continues to be paid within the thirty days 
 aforesaid (d). 
 
 (a) C. A. 8. 19, gives the mortgagee a charge for the amount paid 
 and interest. 
 
 (b) As for instance the obligation to deliver the counterpart of 
 leases, C. A. s. 18 (8). 
 
 (c) This covenant is always broken. The words in brackets and 
 similar words in Nos. 11 and 12 will only be inserted where the statu- 
 
 tory power of leasing is not excluded, or where there is a covenant as 
 
 to Fire Insurance, or Life Policies, or rent of leaseholds, or the like. 
 (d) There may sometimes be a doubt whether an omission to pay 
 interest for one half year, within thirty days, puts an end to the right of 
 
GENERAL FORMS. 213 
 
 AnD [mortgagee(s)] hereby covenant(s) with [mort- 
 gagor| that if on each half-yearly day hereinbefore fixed 
 for payment of interest, while any principal money re- 
 mains due under these presents or within thirty days 
 next after such day, there should be paid to [mort- 
 gagee(s)| interest on such principal money at the rate 
 of [reduced rate| per cent. per annum [and there should 
 not be any breach of any obligation, statutory or other- 
 wise, binding on [mortgagor | or of any of the covenants, 
 whether express or implied, hereinbefore contained, and 
 on his part to be observed or performed during the last 
 current half-year other than and besides the covenant for 
 payment of the principal money and interest hereby 
 secured (a)|, then and in respect of every half-year for 
 which such interest shall be so paid | mortgagee(s)| will 
 accept interest for the principal money so for the time 
 being due at the rate of [reduced rate] per cent. per 
 annum. 
 
 AND | mortgagee(s) | hereby covenant(s) with [ mortgagor | 
 that if on each half-yearly day hereinbefore fixed for 
 payment of interest, and continuously during the period 
 of years from the date of these presents, or within 
 thirty days after each such day, there should be paid to 
 | mortgagee(s) | interest on the principal money hereby 
 secured at the rate of per cent. per annum up to 
 that half-yearly day [and there should not be any breach 
 of any obligation, statutory or otherwise, binding on 
 [mortgagor] or of any of the covenants, whether ex- 
 pressed or implied, hereinbefore contained, and on his 
 part to be performed or observed, other than and besides 
 the covenant for payment of the principal money and 
 interest hereby secured (b)]|, then [mortgagee(s)] or the 
 persons deriving title under him [them] will not before 
 
 reduction: see Stanhope v. Manners, 2 HKden, 197. In this form it 
 does put an end to the right. See the next form, where the omission 
 only puts an end to the right for that half-year. 
 
 (a) As to these words in brackets, see note (c) to last form. 
 
 (b) As to these words in brackets see note (c) to Form No. 10, ante. 
 
 MORTGAGES. 
 
 No. 11. 
 
 Provision for 
 reduction of 
 interest half 
 year to half 
 year. 
 
 No. 12. 
 
 Agreement for 
 mortgage to 
 continue for 
 time certain. 
 
MORTGAGES. 
 
 No. 12. 
 
 No. 13: 
 
 Power of 
 consolidation 
 reserved. 
 
 No. 14. 
 
 Power of 
 immediate 
 sale, &c. 
 
 Now Ld. 
 
 Mortgagor not 
 
 As to waiver 
 of default in 
 payment of 
 interest, 
 
 214 GENERAL FORMS. 
 
 the expiration of the said period of years require 
 payment of the principal money hereby secured, or any 
 
 ‘part thereof (a). 
 
 AND [mortgagor| hereby covenants with | mortgagee(s) | 
 that the whole principal money hereby secured shall be 
 allowed to remain on this security during the said period 
 of years. 
 
 PROVIDED ALWAYS and it is hereby agreed that not- 
 withstanding the restriction hereinbefore contained on 
 the right to require payment of principal money, such 
 principal money shall be deemed to become due within 
 the meaning of 'The Conveyancing and Law of Property 
 Act, 1881, and for all the purposes of that Act on the 
 day on which such principal money is_ hereinbefore 
 covenanted to be paid (0). 
 
 FORMS EXCLUDING APPLICATION OF C. A. 
 
 AND IT IS HEREBY AGREED that [mortgagee(s)| and the 
 persons deriving title under him [them] shall so far as 
 may be have the same right to consolidate two or more 
 mortgages so that one shall not be redeemed alone with- 
 out the other or others as would have existed if the Con- 
 veyancing and Law of Property Act, 1881, had not been 
 passed. 
 
 AND IT IS HEREBY AGREED that notwithstanding 
 section twenty of the Conveyancing and Law of Property 
 Act, 1881, [mortgagee(s)| shall have and may at any time 
 after the said day of next exercise and put in 
 force all the powers and remedies conferred by that Act 
 on mortgagees in like manner as if that section had not 
 been contained in the Act. 
 
 AND IT IS HEREBY AGREED that [mortgagor] or any 
 person deriving title under him shall not, except with 
 
 (a) As to waiver of the default in payment of interest, see Lang- 
 ridge v. Payne, 2 J. & H. 423; Keene v. Biscoe, 8 Ch. D. 201. 
 
 (b) This clause seems required to prevent any question as to the 
 date when the statutory powers of sale, &c., arise. 
 
GENERAL FORMS. 215 
 
 the consent in writing of [mortgagee(s)| or the person or 
 
 persons for the time being deriving title under him 
 [them], exercise the powers of leasing or of agreeing to 
 lease conferred by the Conveyancing and Law of Property 
 Act, 1881, on a mortgagor while in possession, but it shall 
 not be necessary to express such consent in any such 
 lease (a). 
 
 SECT. III. 
 FORMS IN SETTLEMENTS. 
 
 Upon trust to sell the said premises or any part 
 thereof, but during the joint lives of | husband] and | wife] 
 or the life of the survivor of them with their consent or 
 the consent of such survivor in writing (0). 
 
 (a) As to the effect of entirely excluding the mortgagor’s power of 
 leasing, see note to C. A. s. 18, p. 62, ante. For agreements varying 
 the powers of leasing of the C. A. and applying the powers of leasing 
 in the Act to mortgages previously made, see Precedents XX VII. and 
 XXVIIL, post. 
 
 It is not advisable to insert an attornment clause in a mortgage 
 deed having regard to the dicta in In re Stockton Iron Furnace Co., 
 10 Ch. D. 356, 357, adopted by Jessel, M.R., in Hx parte Punnett, 16 
 Ch. D. 226, 235, to the effect that it makes the mortgagee liable to 
 account as mortgagee in possession, (but see Stanley v. Grundy, W. N. 
 1883, p.12). The clause was of little use unless the mortgage deed was 
 registered as a bill of sale under 41 & 42 Vict. c. 31, see s. 4: Conelly 
 v. Steer, 7 Q. B. D. 520, Lyons v. Tucker, ib. 523. A power of dis- 
 tress is also of little use unless it could be given by a registered deed. 
 And a deed now capable of being registered as a bill of sale must be 
 in the form in the Schedule to 45 & 46 Vict. c. 43, which applies only 
 to personal chattels. A judgment entered up against the mortgagor is 
 the security most readily available against chattels, 
 
 (6) The mode of selling is provided for by C. A. s. 35, the power to 
 give receipts is conferred by s. 36. Words of survivorship are not 
 necessary, s. 38; nor the word “assigns,” see s. 31, under which new 
 trustees have the same powers as the original trustees. In a conveyance 
 of freeholds of inheritance the declaration of the use after the marriage 
 should be to the trustees, their heirs, and assigns, ‘‘ Upon trust to sell,” 
 &c. The executors or administrators of the surviving trustee can then 
 exercise all the powers of the original trustees: C. A. s. 30. In acon- 
 veyance of leascholds for life or years determinable with life the haben- 
 
 MORTGAGES. 
 
 No. 15. 
 
 to grant leases 
 without 
 consent. 
 
 SETTLEMENTS. 
 
 No. 16. 
 
 Trust to sell 
 real estate. 
 
 Attornment 
 clause not 
 advisable. 
 
 Exercise of 
 powers by 
 executors or 
 administrators. 
 
SETTLEMENTS. 
 
 No. 16. 
 
 Trust of 
 proceeds of 
 sale. 
 
 Power to 
 postpone sale. 
 
 No. 17. 
 
 Trust to 
 invest. 
 
 216 GENERAL FORMS. 
 
 AND IT IS HEREBY AGREED that the trustees or trustee 
 for the time being of these presents, hereinafter called 
 the trustees or trustee, shall stand possessed of the net 
 money to arise from any such sale (after payment there- 
 out of all costs incidental thereto) and also of the rents 
 and profits of the said premises until sale, Upon the 
 trusts and subject to the powers and provisions declared 
 concerning the same by an indenture intended to bear 
 even date with these presents and to be made between 
 &e. And under which trusts [husband | is tenant for life, 
 and after his death [wife] becomes tenant for life of the 
 proceeds of sale, and after the death of both the capital 
 becomes held in trust for their issue (a). 
 
 AND IT IS HEREBY AGREED that the said premises may 
 be retained unsold as long as the trustees or trustee think 
 proper, but shall be deemed personal estate and devolve 
 as such [add powers of leasing, and of appointing new 
 trustees, Forms Nos. 38 and 46, post]. 
 
 Upon Trust with the consent of [husband] and [wife] 
 during their joint lives and of the survivor of them 
 during his or her life and after the death of the sur- 
 
 dum should be to the trustees, ‘their executors or administrators.” 
 Then the personal representatives of the surviving trustee can exercise 
 all the powers. A discretionary power is only capable of being exer- 
 cised by persons expressly mentioned, subject to these exceptions, that 
 under the C. A. s. 30 the personal representatives to whom the estate 
 devolves are made “ heirs and assigns” for the purposes of all trusts 
 and powers, and that a new trustee always has the powers of an original 
 trustee: C. A. s. 31 (5). 
 
 (a) Ona sale the deed of even date will be retained by the trus- 
 tees, and now necessarily forms part of the title. But if the conveyance, 
 which will belong to a purchaser, state the effect of the trusts of 
 the proceeds of sale, thus showing who, under the Settled Land Act, 
 is tenant for life, with power to sell or lease, or to consent thereto, (ss. 8, 
 6, 63, 56 (2)), the title will be made complete on the face of the deed 
 handed to the purchaser. It is conceived that in his favour the state- 
 ment as to the beneficial interests is conclusive, and that he need not 
 inquire further. In any other view he might, under the old law, have 
 been entitled to see that the receipt clause in the conveyance was not 
 abrogated by the deed of even date or otherwise, or that a new convey- 
 ance for value was not made. 
 
GENERAL FORMS. hab 
 
 vivor at the discretion of the trustees or trustee for the 
 time being of these presents hereinafter called the trustees 
 or trustee, to invest the said money in the names or name 
 of the trustees or trustee in manner following and not 
 otherwise (a), that is to say, 
 
 In any of the parliamentary stocks or public funds of 
 Great Britain, or on Government or real securities in 
 England or Wales, including the security of a term of 
 three hundred years or upwards unexpired and not liable 
 to be determined under a proviso for re-entry (0), or in 
 the stock of the Bank of England or Metropolitan 
 Board of Works, or in or on the stock or securities of 
 the Government of India for the time being, or the 
 stock or securities not payable to bearer, [or whether 
 payable to bearer or not (c) |, of the Government of any 
 British Colony or Dependency, or the preference or 
 wholly or partially guaranteed stock or shares or the 
 bonds, mortgages, or debentures, or the. debenture stock 
 of any railway company in Great Britain incorporated by 
 special Act of Parliament, and having within one year 
 before the date of investment paid a dividend on its 
 ordinary stock or shares, or in or on the stock, shares, 
 debentures or debenture stock of any railway company in 
 India, the dividends or interest whereon are, is, or shall 
 be wholly or partially or contingently guaranteed by 
 the Government of India for the time being, or by the 
 Secretary of State for India on behalf of such Govern- 
 ment, with power for the trustees or trustee from time to 
 time with such consent or at such discretion as aforesaid 
 to change such investments for others of a like nature. 
 
 [Go to Form No. 20.| 
 
 In any of the parliamentary stocks or public funds 
 
 (a) See the object of these words infra, p. 295 (a). They may be 
 omitted where Form No, 19 is used. 
 
 (6) It seems that a long term is not now considered real security : 
 Re Boyd, 14 Ch. D. 626. 
 (c) If the words in brackets are used the Form No. 44, post, enabling 
 
 the trustees to deposit securities to bearer for safe custody, should be 
 added. 
 
 SETTLEMENTS. 
 
 No. 17. 
 
 No. 18. 
 
 Investment 
 clause. 
 
 No. 19. 
 
 Long terms not 
 real securities. 
 
SETTLEMENTS. 
 
 No. 19. 
 
 Large power 
 of investment. 
 
 No. 20. 
 
 Trusts of 
 investments. 
 
 Noma: 
 
 For wife for 
 
 218 GENERAL FORMS. 
 
 of Great Britain, or on Government or real or lease- 
 hold securities in England or Wales, and in the case 
 of leasehold securities without being bound to make 
 any investigation of the lessor’s title or being subject 
 to any liability for omitting so to do, or on the security 
 of any life interest in any real or personal property 
 together with an insurance on the life, and so that any 
 security taken under these presents may be either subject 
 or not to any prior incumbrances, or in the stock of the 
 Bank of England or Metropolitan Board of Works, or in 
 or on the stock or securities of the Government of India 
 for the time being, or the stock or securities (whether 
 payable to bearer or not (a)), of the Government of any 
 British Colony or Dependency, or of any foreign govern- 
 ment, state, or municipality; or the stock or shares, 
 ordinary or otherwise, or the bonds, mortgages, or deben- 
 tures, or the debenture stock, of any railway, canal, dock, 
 harbour, gas or water company, or other public company 
 carrying on business in Great Britain or India, or any 
 British Colony or Dependency, or the stock, bonds, or 
 other securities of any municipal corporation or local or 
 harbour authority or other public body in Great Britain 
 or in any British Colony or Dependency, or of any in- 
 corporated company in Great Britain established for the 
 purpose of investing money in the purchase or on mort- 
 gage of land in Great Britain or in any British Colony 
 or Dependency, with power for the trustees or trustee 
 from time to time with such consent, or at such discretion 
 as aforesaid, to change such investments for others of a 
 like nature. 
 
 AND IT IS HEREBY AGREED that the trustees or trustee 
 shall stand possessed of the said investments hereinafter 
 called the trust fund, and the annual income thereof, 
 upon the trusts and subject to the powers and provisions 
 following, that is to say, 
 
 Upon trust to pay the annual income of the trust 
 fund to [wife| during her life without power of anticipa- 
 
 — 
 
 (a) See note (c), p. 217. 
 
GENERAL FORMS. 219 
 
 tion during any coverture (a), And after her death to 
 pay the said income to [husband] if he shall survive her 
 during the residue of his life, And after the death of 
 both IT IS HEREBY AGREED that the capital of the trust 
 fund shall be held 
 
 Upon trust after the death of [wife] if [husband| 
 should be then living, and should not be an undischarged 
 bankrupt, or should not have executed, done, or suffered 
 any act, deed, or thing, or if no event should have 
 happened, whereby the trust next hereinafter declared 
 would if subsisting be determined : 
 
 (A) Then to pay the annual income of the [where the 
 husband’s trust fund and the wife’s trust fund are settled, 
 say wife’s] trust fund to [husband] during his life or until 
 he attempts to alien, charge, or anticipate the same or 
 any part thereof, or is adjudged a bankrupt, or takes 
 proceedings for hquidation in bankruptcy, or makes any 
 arrangement or composition with his creditors having the 
 effect of a charge upon or alienation of the said annual 
 income, or any part thereof, or until he does or at- 
 tempts to do or suffers any other act or thing, or until 
 any other event happens, whereby if the same income 
 
 (a) A trust or limitation for the separate use of a woman after 
 1882 is not necessary: see M. W. P. A. s. 2. But a restriction on 
 anticipation, if desired, is allowed (s. 19), and is still necessary for the 
 protection of the wife from marital influence. 
 
 (b) This trust, when declared as to property settled by the husband, 
 is void as against his creditors on bankruptcy (see note to Wilson v. 
 Greenwood, 1 Swanst. 481), except to the extent of the fortune which 
 on his marriage he received from his wife (Lester v. Garland, 5 Sim. 
 205), but is valid as against a mortgagee: Brooke v. Pearson, 27 Beav. 
 181; Knight v. Browne, 30 L. J. Ch. 649, 7 Jur. N.S. 894, in which 
 latter report it is stated that the property in Knight v. Browne in fact 
 belonged to the husband. Phipps v. Lord Ennismore, 4 Russ. 1381, is 
 explained in Knight v. Browne. 
 
 The discretionary trust in the text may be exercised so as to exclude 
 the husband’s creditors (Holmes v. Penney, 3 K. & J. 91). 
 
 For trusts where the husband’s interest precedes the wife’s see 
 Preced. XXXA. post. The letters (A) and (B) in Form No. 22 are used 
 merely for reference. 
 
 SETTLEMENTS. 
 
 No. 21. 
 
 life, then 
 for husband 
 for life. 
 
 ING. 22: 
 
 Trust after 
 death of wife 
 for husband 
 until aliena- 
 tion, and then 
 for him or 
 issue of mar- 
 
 riage, &c. (b) 
 
 Trusts where 
 husband’s 
 interest pre- 
 cedes wife’s. 
 
SETTLEMENTS, 
 
 No. 22. 
 
 No. 23. 
 
 Trusts of 
 
 two funds. 
 Annual 
 
 sum only to 
 husband out of 
 wife’s fund. 
 
 220 GENERAL FORMS. 
 
 were payable to him absolutely for his life he would 
 be deprived of the right to receive the same or any part 
 thereof, in any of which cases, as well as on the death 
 of [husband], which first happens, the trust hereinbefore 
 declared for payment to him of the said income is to 
 determine ; . 
 
 (B) And if the same trust should fail or determine in his 
 lifetime, then Upon trust during the residue of the life of 
 [husband] to apply the annual income of the [or the 
 wife’s| trust fund for the maintenance and support or 
 otherwise for the benefit of all or any one or more exclu- 
 sively of the other or others of [husband] and the issue 
 of the said intended marriage as the trustees or trustee in 
 their or his sole discretion, without being liable to account 
 for the exercise of such discretion, think fit, or if there 
 should be no issue of the said intended marriage, or such 
 issue should fail during the lifetime of [husband], Then 
 for the maintenance, support, or otherwise for the benefit 
 of all or any one or more exclusively of the other or 
 others of [husband] and the person or persons who would 
 if he were actually dead be entitled to the [or the wife’s] 
 trust fund, or the income thereof, as the trustees or trustee 
 in their or his sole discretion, without being liable to 
 account as aforesaid, think fit. 
 
 AND IT Is HEREBY AGREED that after the death of the 
 survivor of [wife] and [husband] the capital and income 
 of the [or the wife’s| trust fund shall be held [Form 
 No. 24]. 
 
 AS TO THE HUSBAND'S TRUST FUND, Upon Trust to 
 pay the annual income thereof to [husband] during his 
 life, and after his death to pay the same income to 
 [wife] during the residue of her life without power of 
 anticipation, 
 
 AND AS TO THE WIFE’S TRUST FUND, Upon Trust to 
 pay the annual income thereof to [wife] during her 
 life without power of anticipation during any cover- 
 ture (a), and after her death out of the last-mentioned 
 
 (a) See supra, p. 219 (a). 
 
GENERAL FORMS. IAT 
 
 income to pay the annual sum of £ to [husband | 
 during the residue of his life (a), the same to be deemed 
 to accrue due from day to day, but to be paid by equal 
 half-yearly payments, the first payment to-be made at 
 the end of six calendar months from the death of [wife] 
 if | husband| should be then living: 
 
 AND IT IS HEREBY AGREED that the capital of the 
 husband’s trust fund after the death of the survivor of 
 [wife] and [husband], and also the capital of the wife’s 
 trust fund after the death of [wife], and subject to 
 setting apart a portion thereof, to provide for payment 
 of the said annual sum of £ to [husband], if he 
 should survive her, shall be respectively held 
 
 In Trust for all or such one or more exclusively of the 
 other or others of the issue of the said intended marriage, 
 whether children or remoter issue (b), at such time and, 
 if more than one, in such shares and with such gifts over, 
 and generally in such manner for the benefit of such 
 issue or some or one of them as [husband] and [wife] 
 shall by deed, revocable or irrevocable, from time to time 
 or at any time jointly appoint, And in default of and 
 until and subject to any such appointment, then as the 
 survivor of them and as regards [wife], whether covert or 
 sole, shall by deed revocable or irrevocable, or by will or 
 codicil appoint (¢), And in default of and until and subject 
 to any such appointment 
 
 In trust for all or any the children or child of the said 
 intended marriage [other than and except such son as 
 hereinafter mentioned and excepted (d)], who being 
 
 (a) If the annual sum is to be made determinable on alienation, &c., 
 the last form can be adapted. 
 
 , (b) It is not necessary to restrict this power within the limits 
 allowed by the rules against perpetuity : see p. 243 (0). 
 
 (c) In settling a fund under a will, by which it was bequeathed to a 
 man until marriage, and then to be settled on his wife and children, 
 the Court inserted a power for the husband and wife jointly by deed, 
 and for the survivor by deed or will, to appoint. to all or any of the 
 children: Jn re Gowan, 17 Ch. D. 778. 
 
 (d) The words in brackets to be used only if the next form is used, 
 
 SETTLEMENTS. 
 
 No. 23. 
 
 No. 24. 
 
 Trusts for 
 issue as 
 husband and 
 wife or the 
 survivor 
 appoint. 
 
 In default for 
 children. 
 
 Settlement by 
 Court. 
 
SETTLEMENTS. 
 
 No. 24. 
 
 —— 
 
 Hotchpot 
 
 clause. 
 
 No. 25. 
 
 Clause ex- 
 cluding son 
 entitled to 
 settled estates. 
 
 292 GENERAL FORMS. 
 
 sons or a son attain the age of twenty-one years, or being 
 daughters or a daughter attain that age or marry under 
 it, and if more than one in equal shares. 
 
 PROVIDED ALWAYS that any child who or whose issue 
 takes any part of the trust fund(s) under any appointment 
 in pursuance of either of the powers lastly hereinbefore 
 contained shall not, in the absence of any appointment 
 to the contrary, take any share in the unappointed part 
 thereof without bringing the share or shares appointed to 
 him or her or to his or her issue into hotchpot, and 
 accounting for the same accordingly. 
 
 [ Add if required | 
 
 PROVIDED ALWAYS, and it is hereby agreed, that the 
 excepted son hereinbefore referred to who is to be ex- 
 cluded from taking under the trust in default of appoint- 
 ment hereinbefore contained, is an eldest or only son or 
 any other son of the said intended marriage who before 
 attaining the age of twenty-one years becomes, or would 
 if of full age be, entitled to the possession or to the 
 receipt of the rents and profits of the lands and heredita- 
 ments in the county of devised by the will of 
 [or comprised in the settlement dated, &c., and made 
 between &c.], and of which hereditaments [husband] is 
 now tenant for life in possession, or who before attaining 
 that age becomes entitled to the first vested estate of 
 freehold in remainder immediately expectant on the 
 estate for life of [husband] under the said will [or settle- 
 ment] ; 
 
 Anp if there should be no child of the said intended 
 marriage other than and except as aforesaid who attains 
 a vested interest under the trust in default of appoint- 
 ment hereinbefore contained, then the capital of the trust 
 fund(s) is to be held In trust for such eldest son or other 
 excepted son of the said intended marriage as hereinbefore 
 mentioned, if and when he attains the age of twenty-one 
 years, and to be then vested and not before ; and if there 
 should be more than one such excepted son, then In trust 
 for the last survivor of such eldest and other excepted 
 
GENERAL FORMS. 225 
 
 sons absolutely if and when he attains the age of twenty- 
 one years and becomes such survivor, whichever of the 
 said events should last happen, and to be then vested and 
 not before. 
 
 AND IT IS HEREBY AGREED that the trustees or trustee 
 may at any time or times after the death of [husband | and. 
 [wefe] or in their, his or her lifetime, with their, his or her 
 consent in writing, raise any part or parts, not exceeding 
 together one half of the presumptive or vested share of 
 any child or other issue of the said intended marriage, 
 under the trusts aforesaid, and may pay or apply the 
 same for his or her advancement or benefit as the trustees 
 or trustee think fit. 
 
 AND IT IS HEREBY AGREED (a) that if [husband] shall 
 survive [wife] then the annual income of the wife’s trust 
 fund remaining after payment of any annual sum payable 
 or applicable under these presents to or for the benefit of 
 [husband] shall be paid or applied to or for the benefit of 
 the issue of the said intended marriage, or otherwise in 
 like manner as such income would for the time being be 
 payable or applicable if [husband] were dead, and having 
 regard to any appointment for the time being actually 
 made under the powers hereinbefore contained, but with- 
 out regard to any appointment capable of being made 
 but not actually made under those powers. 
 
 AND IT IS HEREBY AGREED, that if there should not be 
 any child of the said intended marriage who attains a 
 vested interest under the trust in default of appointment 
 hereinbefore contained then subject to the trusts and 
 powers hereinbefore contained, 
 
 THE HUSBAND’S TRUST FUND (b) and the income and 
 statutory accumulations (if any) of the income thereof, or 
 so much thereof as shall not have become vested or been 
 
 " (a) This Form is applicable where Form No. 23 or 82 is used. 
 
 (6) This form is applicable where funds are settled by or on behalf 
 of the husband and wife respectively ; but where only one fund is 
 settled it should be called the trust fund and the required trust in this 
 form adapted to it. 
 
 SETTLEMENTS. 
 No. 25. 
 
 No. 26. 
 
 Advancement 
 clause. 
 
 No. 27. 
 
 Trust of 
 surplus income 
 after payment 
 of annuity to 
 husband. 
 
 No. 28. 
 
 Trusts in 
 default of 
 children. 
 
 No. 29. 
 
 As to husband’s 
 trust fund. 
 
SETTLEMENTS. 
 
 No. 29. 
 
 nt 
 
 No. 30. 
 
 As to wife’s 
 trust fund, 
 
 Powers of wife 
 in default of 
 children. 
 
 Effect of words 
 “without ever 
 having been 
 married ” in 
 case of a 
 widow. 
 
 224 GENERAL FORMS. 
 
 applied under any of the trusts or powers affecting the 
 same, shall, after the death of [wife] and such failure of 
 children as aforesaid, be held In trust for [husband], 
 absolutely, 
 
 AND THE WIFE’S TRUST FUND, and the income and 
 statutory accumulations (if any) of the income thereof, or 
 so much thereof as shall not have become vested or been 
 applied under any of the trusts or powers affecting the 
 same shall, after the death of [husband| and such failure 
 of children as aforesaid, be held In trust for such person 
 or persons and purposes as [wife] shall, while not under 
 coverture, by deed, revocable or irrevocable, or shall, 
 whether covert or sole (a), by will or codicil appoint; 
 And in default of and until and subject to any such 
 appointment, Upon the trusts following (that is to say) 
 If [wife] should survive [husband], then in trust for her 
 absolutely; Bur if she should die in the lifetime of 
 [husband|, then In trust for the person or persons who 
 under the statutes for the distribution of the effects of 
 intestates would have become entitled thereto at her 
 death if she had died possessed thereof intestate and 
 without ever having been married (0), such persons, if 
 more than one, to take as tenants In common in the 
 shares in which they would have taken under the same 
 statutes (c). 
 
 (a) The testamentary power should be given in all events, and not 
 merely if the wife dies first: Holliday v. Overton, 14 Beav. 467; 
 Trimmell v. Fell, 16 Beav. 587; and Willock v. Noble, L. R. 7 H. L. 
 580. Power of appointment by deed while not under coverture is 
 required, otherwise on dissolution of the marriage it might be necessary 
 to apply to the Divorce Court with reference to the settled property 
 under 22 & 23 Vict. c. 61, s. 5, as extended by 41 Vict. c. 19, s. 3. 
 
 (b) The words “ without ever having been married” in the settle- 
 ment of a widow on her second marriage, exclude a child by her former - 
 marriage (Emmins v. Bradford, 13 Ch. D. 493). In such a settlement 
 say “ without having contracted the now intended marriage.” 
 
 (c) This trust may be retained until it is decided whether on the 
 death of the wife intestate her husband or her next of kin take. If 
 the latter, the trust may be for the wife absolutely, but restrained from 
 anticipation, so as to prevent her assigning during the coverture ; she 
 will then have power to dispose by will only as in the form. 
 
GENERAL FORMS. 275 
 
 AND IT IS HEREBY AGREED that until all the heredita- 
 ments by the recited indenture of even date herewith 
 conveyed on trust for sale are sold the trustees or trustee 
 shall pay or apply the net rents and profits thereof or of 
 the unsold part thereof (after payment thereout of all 
 rates, taxes, payments for insurance, repairs, and other 
 outgoings which any tenant or other person is not liable 
 to pay), upon and subject to the like trusts and powers 
 upon and subject to which the annual income of the trust 
 fund [or the husband’s trust fund, or the wife’s trust 
 fund, as the case may require|, is payable or applicable 
 under the trusts herein contained. 
 
 AND IT IS HEREBY AGREED that [wife] may, notwith- 
 standing coverture, by will or codicil appoint that after 
 her death any annual sum or sums not exceeding in the 
 whole the annual sum of £ , Shall be paid to or for 
 the benefit of [husband| during the residue of his life, or 
 any less period, out of the annual income of the wife’s 
 trust fund, and the annual sum or sums so appointed shall 
 be paid accordingly. 
 
 AND IT IS HEREBY AGREED that [w7fe] may, notwith- 
 standing coverture, from time to time, or at any time, by 
 deed revocable or irrevocable, or by will or eodicil, 
 appoint to or in favour of [husband] in case he should 
 survive her during the residue of his life, or any less 
 period, all or any part of the annual income of the 
 wife’s trust fund: And that upon any such appoint- 
 ment the powers and trusts herein limited to take effect 
 after the death of [wife] shall take effect only after the 
 determination of, and in the meantime subject to, the 
 interest limited by any such appointment. 
 
 AND IT IS HEREBY DECLARED (a) that in case [husband] 
 shall survive | wzfe| then so much of the annual income 
 
 (a) This clause is only necessary where the husband surviving has 
 a power of appointment among issue which prevents the immediate 
 distribution of the fund, after setting apart what is required to pay the 
 annuity to him. 
 
 Q 
 
 SETTLEMENTS. 
 
 No. ale 
 
 Application of 
 rents of real 
 estate until 
 sale. 
 
 No a2 
 
 Power to wife 
 to appoint to 
 husband an 
 annual sum. 
 
 No. 32a. 
 
 Power to wife 
 to appoint 
 income to hus- 
 band. 
 
 No. 820. 
 
 Destination of 
 surplus income 
 
SETTLEMENTS. 
 
 No. 32D. 
 
 during sus- 
 pense of ap- 
 pointment. 
 
 Power to wife 
 to make 
 settlement on 
 future 
 marriage. 
 
 226 GENERAL FORMS. 
 
 of the wife’s trust fund as shall not be required to dis- 
 charge any annual sum payable to him under these 
 presents, shall be paid and applied to or for the benefit 
 of the children or issue of the said intended marriage, or 
 otherwise in like manner as the same would for the time 
 being be payable or applicable if he were dead, and having 
 regard to any appointment which for the time being has 
 actually been made under the powers aforesaid, but so 
 that such payment or application shall not be suspended 
 on account of the possibility that he may make a subse- 
 quent appointment. 
 
 PROVIDED ALWAYS that if [wife] should marry again, 
 then, without prejudice to any appointment which may 
 have already been made under the powers hereinbefore 
 contained, she may, either in contemplation of or after 
 any subsequent marriage and notwithstanding coverture, 
 from time to time by deed, revocable or irrevocable, or 
 by will or codicil, revoke the trusts, powers and provi- 
 sions hereinbefore declared concerning any part or parts 
 of the wife’s trust fund, not exceeding together the 
 following shares or share thereof, that is to say: If 
 there should be but one child and no more of the now 
 intended marriage who being a son attains the age of 
 twenty-one years, or being a daughter attains that age or 
 marries, not exceeding two-third shares thereof, And if 
 there should be two or more such children, not exceed- 
 ing one half thereof; And may appoint that the part or parts 
 to which such revocation extends shall, after her death, 
 be held upon such trusts and subject to such powers and 
 provisions and generally in such manner for the benefit 
 of any husband who may survive her or any child or 
 other issue or any one or more exclusively of the children 
 or other issue of such subsequent marriage, including 
 powers of advancement in favour of any issue, similar to 
 the power hereinbefore contained in favour of issue of the 
 now intended marriage, as [w2fe| may think proper, but. 
 so that any husband who may survive her shall not take 
 more than a life interest, and that in default of any per- 
 son becoming entitled under any revocation and appoint- 
 
GENERAL FORMS. 227 
 
 ment under this present power, and subject to the interests 
 appointed thereunder, the part or parts of the wife’s trust 
 fund to which any such revocation and appointment relates 
 shall devolve under these presents in the same manner 
 as if no revocation or appointment had been made under 
 this present power : 
 
 PROVIDED ALSO, that under an exercise of the power 
 aforesaid any child (a) of [wife] shall not, except by way 
 of advancement, become entitled to any share of the wife’s 
 trust fund unless being a son he attains the age of twenty- 
 one years, or being a daughter she attains that age or 
 marries : 
 
 PROVIDED ALSO that an only child or any two or more 
 children and any issue of a child or children collectively 
 of [wife| by a subsequent marriage shall not under an 
 exercise of the said power become entitled to a larger 
 share of the wife’s trust fund than such only child or 
 such children collectively would have taken in case the 
 wife’s trust fund had been equally divided between all 
 the children of [wife] by every marriage who being sons 
 or a son attain the age of twenty-one years, or being 
 daughters or a daughter attain that age or marry : 
 
 PROVIDED ALSO that the power last aforesaid may be 
 exercised so often as |wife| shall marry, so that the total 
 amount ultimately appointed under all revocations and 
 appointments made pursuant thereto shall not exceed, 
 according to the event, the shares or share hereinbefore 
 specified of the wife’s trust fund. 
 
 AND [husband] hereby covenants with the trustees that 
 if the said intended marriage should be solemnised he 
 will not by any act or omission cause or allow the policy 
 hereby assigned, or any policy substituted therefor as 
 hereinafter provided, to become void or voidable, and will 
 during his life, from time to time, duly pay all money 
 payable for keeping on foot the said policy, or any policy 
 
 (a) This provision cannot be extended to other issue on the ground of 
 remoteness. Moreover a share appointed to other issue dying under 
 age would not necessarily fall to the husband or wife as next-of-kin. 
 
 Qa 
 
 SETTLEMENTS, 
 Aa 
 No. 33. 
 
 od 
 
 No. 33. 
 
 Covenant by 
 husband to 
 keep up policy 
 on his life, and 
 
 provisions 
 relating 
 thereto and to 
 substituted 
 policy. 
 
SETTLEMENTS. 
 
 No. 34. 
 
 —— 
 
 Power for 
 trustees to 
 keep up or 
 restore policy 
 or effect new 
 
 policy. 
 
 Limitation of 
 liabilities of 
 trustees. 
 
 228 GENERAL FORMS. 
 
 substituted as aforesaid, or for restoring the same respec- 
 tively if and when voidable; and if any such policy 
 should become void will effect on his life a new substi- 
 tuted policy or policies, with such office and in such 
 names or name as the trustees or trustee shall direct, 
 and for an amount equal to the sum which would have 
 been payable under the void policy if it had not become 
 void and [husband] had then died, and will deliver, and 
 if necessary will also assign, every such substituted policy, 
 and deliver the receipt for every such payment to the 
 trustees or trustee, and will not do or suffer any act or 
 thing by means whereof the trustees or trustee may be 
 prevented from receiving any money assured by any 
 policy, whether original or substituted, subject to the 
 trusts of these presents : 
 
 AND IT IS HEREBY AGREED that the trustees or trustee 
 may at any time, in their or his absolute discretion, apply 
 any income of the trust funds hereinbefore settled, or if 
 income be insufficient, then any capital, in making any 
 payments proper for keeping on foot or restoring any 
 subsisting policy, or for effecting, keeping on foot, or 
 restoring any substituted policy [but so that as between 
 the husband’s trust fund and the wife’s trust fund the 
 said payments shall be made out of the husband’s trust 
 fund in priority to the wife’s trust fund (a)|: And every 
 policy so effected, and the money payable thereunder, 
 shall be held and applied upon the trusts and subject to 
 the powers and provisions hereinbefore declared concern- 
 ing the policy hereby assigned, and the moneys payable 
 thereunder : 
 
 AND IT IS HEREBY AGREED that it shall not be obliga- 
 tory on the trustees or trustee to enforce any covenant 
 hereinbefore contained in reference to any policy, whether 
 original or substituted, or to apply any income or capital 
 in making payments for keeping on foot or restoring any 
 such policy, or for effecting or keeping on foot or restoring 
 
 (a) Omit these words in brackets if there is only one trust fund 
 settled. 
 
GENERAL FORMS. 229 
 
 any substituted policy, unless when required so to do in 
 any specific. case by writing signed by some person, or 
 the guardian of some person, beneficially interested in 
 the premises: And unless also due provision be made to 
 the satisfaction of the trustees or trustee for payment of 
 the costs of any proceedings required to be taken, and 
 any omission or neglect by the trustees or trustee in any 
 of the matters aforesaid (except when required and upon 
 due provision made as aforesaid) shall not constitute a 
 breach of trust, and the trustees or trustee shall not be 
 responsible on account of any policy becoming void 
 through any means except their or his own omission or 
 neglect when so required, and upon due provision made 
 as aforesaid. 
 
 AND IT IS HEREBY AGREED, and [wife] (a) hereby 
 covenants with the trustees hereinbefore named that 
 if, besides the trust funds hereinbefore assigned [or 
 settled] by her she should at the time of the intended 
 marriage be (b), or if at any time or times during 
 the same coverture she should become entitled in any 
 manner and for any estate or interest to any real or 
 personal property of the value of £ or upwards 
 
 (a) This covenant is now made by the wife alone. Under the 
 M. W. P. A. the husband takes no interest in the property devolving 
 on his wife after 1882, and his covenant has no effect: see Dawes v. 
 Tredwell, 18 Ch. D. 854. The covenant by the wife binds her present 
 and future property under s. 1 of that Act, if she is not restrained from 
 anticipating it: sees. 19. But ifshe carries on a trade separately from 
 her husband it is void against her creditors in case of her bankruptcy : 
 ss. 1 (5), 19, Hx parte Bolland, L. R. 17 Eq. 115. An agreement to 
 settle other property of the wife is no longer necessary for the protec- 
 tion of the wife against marital right, but it may still be useful to pro- 
 tect her against marital influence. 
 
 (b) The words “ should at the time of the intended marriage” are sub- 
 stituted for the usual words “‘ now is,” in order to avoid the ad valorem 
 stamp duty which would be payable under the latter words if the wife 
 were at the date of the settlement entitled to any other property 
 within the meaning of the agreement being of a definite and certain 
 sum or amount. The agreement in the text only renders the settle- 
 ment liable to an additional 10s. stamp. 
 
 SETTLEMENTS. 
 
 No. 34. 
 
 No. 385. 
 
 Agreement to 
 settle other 
 property of 
 wife. 
 
SETTLEMENTS, 
 
 No. 35. 
 
 — 
 
 230 GENERAL FORMS. 
 
 at one time and from one and the same source (except 
 jewels, trinkets, ornaments, furniture, plate, china, glass, 
 pictures, prints, books, and other chattels passing by 
 delivery, and not being securities for money, which, 
 and also any property excepted from this covenant as 
 being not of the value of £ , it is hereby agreed 
 shall belong to her absolutely) Then and in every such 
 case she and all other necessary parties will at the cost 
 of the trust estate, as soon as may be, and to the satis- 
 faction of the trustees or trustee, convey such real or 
 personal property to the trustees or trustee upon trust 
 to sell or call in or convert into money such part or 
 parts thereof as shall not consist of money or of an 
 annuity or other real or personal property limited to or 
 held in trust for her for her life only or for a term of 
 years determinable on her death, but with power for the 
 trustees or trustee to postpone such sale, calling in, and 
 conversion so long as they or he may think fit, and to 
 retain investments transferred under this covenant and 
 dispose of the annual income thereof in like manner as 
 the annual income of the wife’s trust fund, and so that 
 any reversionary interest be not sold before it falls into 
 possession unless the trustees or trustee see special reason 
 for sale: 
 
 AND IT IS HEREBY AGREED that the trustees or trustee 
 shall stand possessed of the money to arise from such sale, 
 calling in, or conversion, and of any part of the said 
 property received in money Upon the trusts and subject 
 to the powers and provisions hereinbefore declared con- 
 cerning money forming part of the wife’s trust fund, or 
 as near thereto as circumstances will permit, and upon 
 trust to pay any annuity or the income of any other 
 real or personal property limited to or held in trust 
 for [wife] for her life only or for any term of years 
 determinable on her death to her without power of 
 anticipation during any coverture, but with power for 
 the trustees or trustee, with her consent in writing at 
 any time to sell the same so that the money to arise 
 from such sale be held and applied upon the trusts and 
 
GENERAL FORMS. 231 
 
 subject to the powers and provisions hereinbefore declared 
 concerning money forming part of the wife’s trust fund, 
 or as near thereto as circumstances will permit : 
 
 PROVIDED ALWAYS that the trustees or trustee shall not 
 be made accountable in respect of any real or personal 
 property becoming subject to the covenant to settle 
 lastly hereinbefore contained unless and until the same 
 shall have been actually paid, conveyed, assigned or 
 transferred to them or him, nor shall they or he be 
 chargeable with breach of trust or made liable in any 
 way for not taking any proceedings to get in the same 
 real or personal property or any part thereof unless and 
 until required in writing so to do by some person bene- 
 ficially interested under these presents. 
 
 [Add power to lease, Form No. 38, post, and see note (a), 
 p. 233. | 
 
 AND IT IS HEREBY AGREED that the trustees or 
 trustee may during the lives of [husband] and [wife], 
 and the life of the survivor of them, with their, his, 
 or her consent in writing, instead of laying out all or any 
 money held on the trusts of these presents in the invest- 
 ments hereinbefore authorized, invest the same money in 
 the purchase of any messuages, lands or hereditaments 
 in England or Wales, being either freehold, customary 
 freehold, or copyhold of inheritance, or leasehold for 
 any term of years whereof not less than sixty years is 
 unexpired at the time of purchase, And the hereditaments 
 so purchased shall be conveyed, surrendered or assigned 
 to and vested in the trustees or trustee Upon trust, 
 with the consent in writing of [husband] and [wife], or 
 the survivor of them, during their, his, or her lifetime, 
 and after the death of both at the discretion of the trus- 
 tees or trustee to sell the same hereditaments or any part 
 ' thereof ; 
 
 AND the trustees or trustee shall stand possessed of the 
 net money to arise from any such sale (after payment of 
 the costs incidental thereto) Upon the trusts and subject 
 to the powers and provisions (including this present 
 
 SETTLEMENTS, 
 
 No. 35. 
 
 —— 
 
 Exoneration 
 of trustees. 
 
 No. 36. 
 
 Power to 
 invest in the 
 purchase of 
 land. 
 
SETTLEMENTS. 
 
 No. 86. 
 
 ——— 
 
 Noval: 
 
 Power (ob- 
 ligatory on 
 request) to 
 invest in the 
 purchase of a 
 residence. 
 
 232 GENERAL FORMS. 
 
 power of purchasing hereditaments) upon and subject to 
 which the money laid out under this present power would 
 then have been held if the same had not been so laid 
 out and in the meantime until sale the purchased here- 
 ditaments are to be considered as money. [Add power to 
 lease, Form No. 38, and see note (a), p 233.] 
 
 AND IT IS HEREBY AGREED that at any time during 
 the joint lives and upon the joint request in writing 
 of [husband| and [wife] the trustees or trustee shall, 
 and they and he are hereby required to raise out of the 
 husband’s trust fund or the wife’s trust fund, or partly 
 out of each, any sum not exceeding £ , and invest 
 the sum so raised in the purchase and in paying the 
 expenses of the purchase of a dwelling-house with or 
 without garden-ground or other land, or any usual ap- 
 purtenances, as a residence for [husband] and |wifel, 
 such messuage and hereditaments to be either freehold, 
 customary freehold, or copyhold of inheritance, or lease- 
 hold for any term of years whereof not less than sixty 
 years is unexpired at the time of purchase, And the 
 hereditaments so purchased shall be conveyed, surren- 
 dered, or assigned to and vested in the trustees or trustee 
 Upon trust at the request in writing of [husband] and 
 | wife] or the survivor of them during their, his or her 
 lifetime, and after the death of both at the discretion of 
 the trustees or trustee to sell the same hereditaments 
 or any part thereof : 
 
 Anp, &e. | Continue as in last Form, and add at the end 
 the following provision | : 
 
 AND IT IS HEREBY AGREED that until such sale as afore- 
 said the trustees or trustee shall permit [husband] and 
 [wife] and the survivor of them to occupy the messuage, 
 land and hereditaments so purchased |Add power of 
 leasing, Form No. 38 (a) |. 
 
 (a) lf Forms Nos. 35, 86, and 37, or any two of them, are used in 
 the same settlement, it will be sufficient to use No. 38 once only, and 
 it should come after the last used. 
 
GENERAL FORMS. 9365 
 
 AND (a) IT IS HEREBY AGREED that the trustees or 
 trustee may with the consent in writing of [husband] and 
 [wefe], or the survivor of them during their, his, or her 
 lifetime, and after the death of both at the discretion 
 of the trustees or trustee, lease any messuages, lands, 
 or hereditaments subject to the trusts of these presents for 
 any term not exceeding twenty-one years at the best 
 rent to be reasonably obtained, without taking a fine, 
 and subject to such special covenants and provisions as 
 may be deemed proper [and the rents received shall be 
 paid or applied in like manner as the income of invest- 
 ments representing the purchase-money would be payable 
 or applicable if a sale had been made and the proceeds 
 had been invested under the trusts of these presents (0). | 
 
 AND (c) If IS HEREBY AGREED that the trustees or 
 trustee may with the consent in writing of [husband] 
 and [wife], or the survivor of them during their, his or 
 
 her life, and after the death of both at the discretion of 
 
 the trustees or trustee, concur with any other person for 
 the time being entitled to dispose of any undivided share 
 or shares of any lands or hereditaments mentioned in the 
 [2nd] Schedule hereto, in making or in allowing or con- 
 senting to making a partition of the same hereditaments 
 or any of them, and to give or receive any money for 
 
 (a) Where laud is conveyed upon trust for sale, as in Form No. 16, 
 
 and the husband and wife are made successive tenants for life of the 
 proceeds of sale and of the rents and profits until sale, the tenant for 
 life for the time being is the person to lease under the Settled Land 
 Act (see ss. 6, 63). But this power can be exercised by the trustees 
 with the consent of the tenant for life (see s, 56 (2)). The same 
 principle applies to land purchased under Forms Nos. 36 or 37. 
 » (6b) Omit the words in brackets where this form is used in connection 
 with Form No.16, and in that case Form No, 31, as to the application 
 of the rents until sale, should be used in the deed of even date: see 
 Precedent XX XA, post. 
 
 (c) This form is applicable to a settlement of a share of the proceeds 
 of the sale of hereditaments directed to be sold but remaining unsold, 
 see Preced. XXXI., post, but it may be readily adapted to a settlement 
 upon trust for sale of an undivided share. The observations in note (a) 
 as to leasing apply also to a partition. 
 
 SETTLEMENTS. 
 
 No. 38. 
 
 Power of 
 leasing for 
 twenty-one 
 years heredita- 
 ments pur- 
 
 chased (a). 
 
 No. 39. 
 
 Power to 
 concur in 
 partition (c). 
 
SETTLEMENTS, 
 
 No. 39. 
 
 —— ee 
 
 No. 40. 
 
 Power to 
 deposit money 
 in bank, 
 
 Bonuses to be 
 income. 
 
 No. 41. 
 
 Power to make 
 contributory 
 loans. 
 
 No. 42. 
 
 Loan may be 
 for a term. 
 
 234 GENERAL FORMS. 
 
 equality of partition, and may make any such partition 
 upon any terms or conditions, and in any manner they or 
 he shall think fit, and may execute and do all assurances 
 and things which they or he think expedient for the 
 purpose of effecting such partition or any arrangement 
 relating thereto, and may accept any hereditaments under 
 a partition instead of the share hereby assigned of pro- 
 ceeds of sale of hereditaments, and ‘the hereditaments so 
 accepted shall be conveyed to and vested in the trustees 
 ov trustee upon and subject to like trusts, powers, and 
 provisions as are by these presents declared and capable 
 of taking effect concerning any hereditaments purchased 
 out of the wife’s trust fund (a) under the power in that 
 behalf hereinbefore contained [7.e. Form No. 36]. 
 
 AND IT IS HEREBY AGREED that the trustees or trustee 
 may, pending the negociation and preparation of any 
 security hereby authorized, or during any other time 
 while an investment of- the nature aforesaid is being 
 sought for, deposit any money, subject to the trusts of 
 these presents, at any joint-stock or other bank, either 
 at interest or otherwise, as may be deemed expedient, all 
 which interest (if any) and all bonuses and other periodi- 
 cal payments in the nature of income accruing from or 
 payable in respect of any of the trust premises shall, for 
 the purposes of these presents, be deemed annual income, 
 and be applicable accordingly. 
 
 AND FURTHER that the trustees or trustee may lend 
 money on any security, along with money lent by any 
 other person, and by way of contributory loan, and may 
 accept the security in the names or name of the trustees, 
 or one of them, together with other names or another 
 name, or may permit the same to be taken exclusively in 
 the names of other persons, as may be deemed expedient. 
 
 AND FURTHER that the trustees or trustee may con- 
 tract that money invested on any security shall not be 
 called in during any specified period. 
 
 (a) That is, assuming that the share assigned by the settlement 
 belonged to the wife. 
 
ae 
 
 GENERAL FORMS. 255 
 
 PROVIDED ALWAYS, that in the execution of any of the 
 aforesaid trusts or powers the trustees or trustee may 
 decide what money represents income and what represents 
 capital, and may allot or apportion any moneys or invest- 
 ments, the trusts whereof are hereby declared, to or 
 between the persons entitled thereto in such manner 
 jand-may set apart such investments to answer any 
 annual sum payable to any person] as the trustees or 
 trustee shall deem just and reasonable according to the 
 respective rights and interests of those persons, and not- 
 withstanding that funds held on different trusts have been 
 blended, and for the purposes aforesaid may ascertain 
 and fix the value of the respective parts of the said 
 investments, and every such decision, allotment, appor- 
 tionment, setting apart, and valuation, shall be as binding 
 upon all persons then or thereafter to be interested in 
 the premises as if the same had been duly made by 
 a Court of competent jurisdiction. 
 
 AND IT IS HEREBY AGREED that securities to bearer 
 taken as an investment may be deposited by the trustees 
 or trustee for safe custody in their or his names or name 
 with any banker, or banking company, or with any 
 company whose business it is to take charge of secu- 
 rities of that nature, and the trustees or trustee shall 
 not be responsible for any loss incurred in consequence 
 of such deposit, and may pay out of the income of the 
 trust premises any sum required to be paid on account of 
 such deposit and for safe custody, and such deposit shall 
 be asufficient compliance with the power to invest herein- 
 before contained notwithstanding the direction that invest- 
 ments shall be made in their or his names or name. 
 
 AND IT IS HEREBY AGREED that the said and 
 every other person to be hereafter appointed a trustee of 
 these presents who may be a solicitor and professionally 
 employed in matters relating to the trusts of these pre- 
 sents shall be entitled and is hereby authorized to retain 
 and receive out of the trust premises his usual profes- 
 sional costs and charges, as well by way of remuneration 
 
 SETTLEMENTS. 
 
 No. 43. 
 
 Power to 
 trustees to 
 value and 
 apportion 
 mixed funds. 
 
 No. 44. 
 
 Power to 
 trustees to 
 deposit 
 securities to 
 bearer for 
 safe custody. 
 
 No. 48. 
 
 Solicitor 
 trustee to be 
 paid his costs. 
 
936 
 
 SETTLEMENTS. 
 
 No. 45. 
 
 No. 46. 
 
 Power to 
 appoint new 
 trustees. 
 
 WILLS. 
 
 No. 47. 
 
 Commence- 
 ment of will. 
 
 No. 48. 
 
 Commence- 
 of codicil, 
 
 End of codicil. 
 No. 49. 
 
 Appointment 
 of trustees 
 and executors. 
 
 GENERAL FORMS. 
 
 for business transacted by him or his partner or partners 
 personally, or by his or their clerks or agents (including 
 all business of whatever kind not strictly professional, 
 but which might have been performed or would neces- 
 sarily have been performed in person by a trustee not 
 being a solicitor (a)), as costs and charges out of pocket 
 in the same manner as if the said and every other 
 such person as aforesaid had not been a trustee or trustees 
 hereof, but had been employed and retained by the 
 trustees hereof as solicitor in the matter of the trusts. 
 
 AND IT IS HEREBY AGREED that [husband] and [wife] 
 during their joint lives, and the survivor of them during 
 his or her life, shall have power to appoint new trustees 
 of these presents. 
 
 SECT. IV. 
 FORMS IN WILLS. 
 
 I, SOL , hereby revoke all testamentary dis- 
 positions heretofore made by me, and declare this to be 
 my last will, which I make this day of 
 18 (b). 
 
 I of declare this to be a first [07 second, 
 &e.| codicil, which I make this day of 18" {oy 
 to my will which is dated the day of Lisa 
 
 And subject as aforesaid I confirm my said will. 
 
 I appoint X. of &e., Y. of &e., and Z. of &e. to be 
 the executors and trustees of my will, and they or the 
 survivors or survivor of them, or the executors or adminis- 
 trators of such survivor, or other the trustees or trustee 
 for the time being hereof are hereinafter called the 
 trustees or trustee, ys 
 
 (a) As to the necessity for these words, see Harbin v. Darby, 
 28 Beav. 325. 
 
 (b) It is very convenient to have the date at the beginning of the 
 will or codicil. 
 
GENERAL FORMS. Dot 
 
 AND I BEQUEATH to each of them, if he shall accept 
 the office of trustee and executor, the sum of £ 
 
 I APPOINT my wife , and after her death the 
 trustees or trustee, guardian and guardians of my infant 
 children. 
 
 I conFirMm the settlement made in contemplation of 
 my marriage with my wife, and declare that the provi- 
 sions hereby made for her and my children shall be in 
 addition to and not in satisfaction of those made or 
 covenanted to be made for them by settlement. 
 
 I BEQUEATH to my wife absolutely all the plate, linen, 
 china, glass, books, pictures, prints, furniture, and articles 
 of household use or ornament, wines, liquors, and con- 
 sumable stores, and other articles and effects of every 
 kind which at my death shall be in or about my dwelling- 
 house, except money or securities for money: And I also 
 bequeath to her the sum of £ , to be paid to her 
 immediately after my death. 
 
 I BEQUEATH the following charitable legacies, for which 
 the receipts of the treasurers of the respective societies 
 hereinafter named shall be sufficient discharges (that is 
 to say), To the Society £ ; To &e.; all which 
 charitable legacies I direct to be paid exclusively out of 
 that part of my personal estate which by law is applicable 
 for charitable purposes, and in priority to all other pay- 
 ments thereout; and I direct that my debts, funeral and 
 testamentary expenses, and other legacies, shall be 
 primarily charged upon and payable out of my other 
 personal estate not applicable by law for charitable 
 ‘purposes. 
 
 I BEQUEATH to each of my indoor and outdoor servants, 
 not in receipt of daily or weekly wages, who shall be in 
 my service at my death, and shall have been in such 
 service for twelve calendar months immediately preced- 
 ing, one year’s wages in addition to wages then due. 
 
 WILLS. 
 
 No. 49. 
 
 Legacies to 
 trustees and 
 executors. 
 
 No. 50. 
 
 Appointment 
 of guardians. 
 
 No, 51: 
 
 Confirmation 
 of téstator’s 
 marriage 
 settlement. 
 
 INGw oe 
 
 Bequest to 
 wife of 
 furniture, &e. 
 
 And legacy. 
 
 INDaDo: 
 
 Bequest of 
 charitable 
 legacies. 
 
 No. 54. 
 
 Legacies to 
 servants. 
 
WILLIS, 
 
 No.5. 
 
 Annuities to 
 servants. 
 
 No. 56. 
 
 Bequest of 
 annuity. 
 
 238 GENERAL FORMS. 
 
 I BEQUEATH the several annuities following, that is to 
 say, ‘I’o my housekeeper A. B., whether in my service or 
 not at my death, an annuity of £ during her life ; 
 To my butler C. D., if he shall be in my service at my 
 death, an annuity of £ during his life; To &c., 
 &e. And I direct that females shall not have power 
 during any coverture to anticipate their respective an- 
 nuities (a), and that each annuity shall commence from 
 the day of my death and shall accrue due from day 
 to day, but shall be paid by equal quarterly payments, 
 the first of such payments to be made at the end of 
 three calendar months from my death. I empower the. 
 trustees or trustee to provide for payment of any annuity 
 before bequeathed either by purchasing a Government 
 annuity to answer or by setting apart as an annuity 
 fund such investments as the trustees or trustee think 
 proper to answer the same, and any annuity so pro- 
 vided for shall no longer be a charge upon the residue 
 of my estate, but shall be solely charged on the Govern- 
 ment annuity or investments so purchased or set apart, 
 and my personal estate or the proceeds thereof may be 
 distributed accordingly discharged therefrom: And upon 
 the cesser of any annuity the annuity fund (if formed), 
 or so much (if any) thereof as the trustees or trustee do 
 not think it necessary to retain to answer any remaining 
 annuity shall fall into and form part of my residuary 
 estate. 
 
 I BEQUEATH to an annuity of £ for her 
 life, without power of anticipation during any coverture, 
 to commence from my death and to be considered as 
 accruing from day to day, but to be paid by equal half- 
 yearly payments, the first payment to be made at the 
 end of six calendar months after my death: And I 
 direct the trustees or trustee to set apart as soon as 
 conveniently may be, and invest in their or his names 
 or name in any of the investments in which my re- 
 siduary estate is authorized to be invested, a sum the 
 
 (a) See as to separate use p. 219, n. (a), ante. 
 
GENERAL FORMS. 239 
 
 income whereof when invested shall be sufficient at the 
 time of investment to pay the said annuity, and to pay 
 the same accordingly, with power to resort to the capital 
 of the appropriated fund whenever the income shall be 
 insufficient: And until such sum shall be so appro- 
 priated, I charge my residuary estate with the said 
 annuity: And subject to the payment of the said 
 annuity, the appropriated fund, or so much thereof as 
 shall not be resorted to to make up deficiency of income, 
 shall fall into and form part of my residuary estate. 
 
 I BequeATH the following legacies to the following 
 persons; namely, to the sum of £ , &e., &e. 
 And im case any woman to whom a legacy is herein- 
 before bequeathed should be under coverture at my 
 death then I direct that the trustees or trustee may at 
 their or his absolute discretion either pay the whole or 
 any part of her legacy to such person or persons and in 
 such manner generally as she shall by any writing under 
 her hand direct, or if the trustees or trustee shall think 
 it more for her interest, may pay the whole or any part 
 of such legacy to the trustees or trustee for the time 
 being of any settlement made on or subsequently to her 
 marriage, to be by them or him held upon the trusts by 
 that settlement declared concerning the trust funds, or 
 any specified portion which my trustees or trustee may 
 select of the trust funds comprised therein; Or my 
 trustees or trustee may retain all or any part of the 
 legacy of such woman under coverture and invest the 
 same in any investments hereinafter authorized, and vary 
 investments, and stand possessed of such investments 
 upon trust as to the annual income thereof to pay the 
 same to such woman during her life without power of 
 anticipation during any coverture, and after her death 
 (as to the capital and income) In trust for all or any 
 one or more exclusively of the others or other of the 
 issue of the same woman [continue usual trusts for issue 
 as she shall appoint, and in default for children equally, 
 with hotchpot and advancement clauses, adapting Forms 
 Nos. 64 and 65]: 
 
 INoaD Tr 
 
 Gifts of 
 legacies. 
 
 Option to pay 
 to married 
 woman or to 
 her trustees. 
 
WILLS. 
 
 No. oF 
 
 If no child of 
 the married 
 woman attains 
 a vested 
 interest,capital 
 of legacy to go 
 as she shall 
 appoint, in 
 detault, to her 
 next of kin. 
 
 Power to 
 appoint 
 separate" 
 trustees for 
 any legacy. 
 
 No. 58. 
 
 Bequest to A. 
 for life with 
 remainder to ' 
 his issue per 
 stirpes. 
 
 240 GENERAL FORMS. 
 
 Anp if no child of the same woman obtains a vested 
 interest under the trust in default of appointment herein- 
 before contained, then the capital of the investments 
 representing her legacy shall be held In trust for such 
 person or persons as she shall while not under coverture 
 by deed, revocable or irrevocable, or as she shall, whether 
 covert or sole, by will or codicil appoint, and in default 
 of and subject to any such appointment In trust for the 
 person or persons who would under the statutes for the 
 distribution of the effects of intestates have become en- 
 titled thereto at her death in case she had died possessed 
 thereof intestate and without having been marrted, such 
 persons, if more than one, to take as tenants in common 
 in the same shares in which they would have taken 
 under those statutes (a): | 
 
 [Add and adapt power to appoint life interest to a husband 
 surviving, Form No. 70. | 
 
 I EMPOWER my trustees or trustee to appoint a separate 
 set of trustees for the legacy of any woman under the 
 bequests aforesaid, and to pay or transfer her legacy 
 to the separate set of trustees so appointed thereof and 
 upon the trusts affecting the same, and thenceforth she 
 shall during her life have power to appoint new trustees 
 thereof. 
 
 I BEQUEATH to the trustees hereinbefore named the 
 sum of £ upon trust, with the consent of A. of 
 &e., during his life, and after his death at the discretion 
 of the trustees or trustee, to invest the same in the names 
 or name of the trustees or trustee in any of the invest- 
 ments in which my residuary estate is authorized to be 
 invested, and to vary investments: And until investment 
 the said sum is to carry interest at the rate of four per 
 cent. per annum from my death, payable out of my 
 residuary estate: And I direct the trustees or trustee 
 to stand possessed of the said sum, or investments and 
 the annual income thereof 
 
 (a) See notes (a) and (¢) to Form No. 30. 
 
GENERAL FORMS. 241 
 
 Upon Trust to pay the said income to A. during his 
 life and after his death (as to capital and income) 
 
 IN TRUST in equal shares for all or any of the children 
 of A. living at the time of his death, who being sons 
 or a son attain the age of twenty-one years, or being 
 daughters or a daughter attain that age or marry, and 
 for all or any of the issue living at that time who being 
 males or a male attain the age of twenty-one years, or 
 being females or a female attain that age or marry, of 
 any child of A. who dies in his lifetime leaving issue 
 living at the time of his death, and so that such issue 
 shall take through all degrees according to their stocks 
 and in equal shares the share or shares which their parent 
 would have taken if living at the time aforesaid, and so 
 that no issue shall take whose parent is living at the time 
 aforesaid, and so capable of taking. [Add power of 
 advancement after the death of A. or in his lifetime with 
 his consent in writing, adapting Form No. 65, post. | 
 
 Anpv if no child or other issue of A. lives to attain a 
 vested interest under the trusts hereinbefore contained, 
 then subject to the trusts hereinbefore declared in favour 
 of A. and his issue, I direct that the said sum of £ 
 or the in'vestments representing the same, and the income 
 thereof, and all statutory accumulations, if any, of income, 
 or so much thereof respectively as shall not have been 
 applied under any power hereinbefore contained or any 
 statutory power, shall fall into and form part of my 
 residuary estate. 
 
 “e 
 
 I prrect all the legacies and the annuity [or annuities | 
 hereinbefore bequeathed to be paid free of legacy duty. 
 
 I DEVISE AND BEQUEATH all the real and personal 
 estate to which at my death I shall be beneficially en- 
 titled, or of which I shall have any general power to 
 dispose beneficially by will [and not hereby otherwise 
 
 “it @ eh Le R 
 
 WILLS. 
 
 No. 58. 
 
 Income to A. 
 for life. 
 
 Capital after 
 his death to 
 his issue per 
 stirpes. 
 
 No. 59. 
 
 In default of 
 issue fund to 
 fall into 
 residue. 
 
 No. 60. 
 
 Legacies and 
 annuity to be 
 free of duty. 
 
 Nos G1. 
 
 General devise 
 and bequest 
 in trust for 
 sale. 
 
Power to lease 
 real estate 
 until sale. 
 
 Trusts of 
 proceeds of 
 sale. 
 
 Investment. 
 
 Devolution of 
 trust estates. 
 
 As to sale with- 
 out consent of 
 tenant for life 
 to pay debts and 
 legacies. 
 
 242 GENERAL FORMS. 
 
 disposed of (a)| unto the trustees hereinbefore named 
 Upon trust that the trustees or trustee [defined in Form 
 No. 49] shall sell (6) the said real estate (including chattels 
 real), and call in, sell, and convert into money such part 
 of my personal estate as shall not consist of money, with 
 power to postpone such sale and conversion for such a 
 period as the trustees or trustee may think proper, 
 
 And I direct that the income of my personal estate, 
 however invested, shall from my death be treated as 
 income, and no part thereof is to be added to capital, 
 
 And that until a sale of the said real estate the trustees 
 or trustee may lease the same for any term not exceed- 
 ing twenty-one years at the best rent to be reasonably 
 obtained without taking a fine (c), And that the rents and 
 profits thereof, or of so much thereof as for the time being 
 remains unsold, shall after payment thereout of all rates, 
 taxes, costs of insurance and repairs and other outgoings, 
 be paid or applied to the persons or in the manner to 
 whom or in which the income of the produce thereof is 
 hereinafter directed to be paid and applied, 
 
 Anp I direct the trustees or trustee out of the money 
 to arise from the sale and conversion of my said real and 
 personal estate and out of my ready money to pay my 
 funeral and testamentary expenses and debts and the 
 legacies bequeathed hereby or by any codicil hereto, and 
 to stand possessed of the residue of the said money 
 Upon trust to invest the same in their or his names or 
 name In [add investments from Form No. 18]. 
 
 With power for the trustees or trustee at discretion to 
 change such investments for others of a like nature, 
 
 (a) Omit these words if there is no specific devise or bequest. 
 
 All trust estates now devolve on executors and administrators either 
 at common law or under C. A. s. 30. 
 
 (5) There being a trust for payment of debts and legacies, which is 
 paramount to the interest of the tenant for life (if any) in the residue 
 of the proceeds of sale, it is conceived that the trustees can sell without 
 his consent notwithstanding the Settled Land Act, ss. 63, 56 (2). 
 
 (c) As to the tenant for life (if any) of the proceeds of sale being 
 the person to lease under the Settled Land Act, see p. 233 n. (a), ante. 
 
GENERAL FORMS. 243 
 
 AND I DECLARE that the trustees or trustee shall 
 stand possessed of the said investments hereinbefore 
 directed to be made or authorized to be retained (here- 
 inafter called the trust fund), and of the annual income 
 thereof, upon the trusts following, that is to say :— 
 
 Upon Trust to pay the said income to my wife during 
 her widowhood [or during her life without power of 
 anticipation during any coverture (a) |. 
 
 And after her death or second marriage, which shall 
 first happen [or after her death], then as to the capital 
 and income of the trust fund 
 
 In Trust for all or any one or more, exclusively of 
 the others or other of my issue, whether children or 
 remoter descendants (b), at such time, and if more than 
 one in such shares, and with such gifts over, and gene- 
 rally in such manner, for the benefit of such issue or some 
 or one of them, as my wife shall, whether covert or sole, 
 by deed revocable or irrevocable, or by will or codicil 
 appoint ; and in default of and until and subject to any 
 such appointment, In Trust for all or any my children 
 or child who being sons or a son attain the age of twenty- 
 one years, or being daughters or a daughter attain that 
 age or marry, and if more than one in equal shares, 
 
 Anp I declare that any child who, or whose issue shall 
 take any part of the trust fund under any appointment 
 by my wife shall not, in the absence of any direction by 
 her to the contrary, take any share in the unappointed 
 part without bringing the share or shares appointed to 
 him or her, or his or her issue into hotchpot, and account- 
 ing for the same accordingly. 
 
 (a) As to separate use see p. 219, n. (a), ante. 
 
 (b) It is not necessary expressly to restrict this power within the 
 limits allowed by the rules against perpetuity: Routledge v. Dorri, 
 2 Ves. Jr. 856; Attenborough v. Attenborough, 1 K. & J. 296; but in 
 any appointment made under it regard must be had to those limits as 
 from the death of the testator. 
 R 2 
 
 WILLS. 
 
 No. 62. 
 
 Trusts of 
 investments. 
 
 No. 638. 
 
 Income to wife 
 during widow- 
 hood [or life]. 
 
 No. 64. 
 
 Trust for 
 issue as wife 
 shall appoint ; 
 in default for 
 children. 
 
 Hotchpot 
 clause. 
 
WILLS. 
 
 No. 65. 
 
 Advancement 
 clause. 
 
 No. 66. 
 
 Settlement of 
 daughters’ 
 shares. 
 
 Income to be 
 paid to each 
 daughter for 
 her life. 
 
 244 GENERAL FORMS. 
 
 I mMpoWER the trustees or trustee at any time and 
 from time to time after the death or second marriage [or 
 after the death (a)| of my wife, or during her widowhood 
 [or her life (a)], with her consent in writing to raise any 
 part or parts not exceeding together one-half of the 
 presumptive or vested share of any child or other issue 
 of mine under the trusts hereinbefore declared, and to 
 pay or apply the same for the advancement or benefit of 
 such issue, as the trustees or trustee think proper. 
 
 I pirect that after the death or second marriage of 
 my wife, which shall first happen [or after the death of 
 my wife, if she takes a life interest], unless. she shall in 
 exercise of the power of appointment hereinbefore given 
 to her expressly direct to the contrary, the trustees or 
 trustee shall retain in their or his names or name, the 
 share of each daughter of mine in the capital of my resi- 
 duary estate under the trust aforesaid, with power after 
 she attains the age of twenty-one years, and after the 
 death or second marriage, [or after the death] of my 
 wife with the consent of such daughter during the resi- 
 due of her life, but during her minority and also after 
 her death at the discretion of the trustees or trustee from 
 time to time to vary the investments thereof for others 
 of a like nature; AND shall stand possessed of her share 
 and the investments representing the same hereinafter 
 included in the description of such daughter’s share 
 (subject to any advancement made for her benefit under 
 the aforesaid power of advancement), Upon TRusT to pay 
 the income thereof to such daughter for her life, without 
 power of anticipation during any coverture : 
 
 Anp after her death the capital and income of such 
 daughter’s share shall be held [Here add usual trusts 
 for issue as she shall appoint, and in default for children 
 equally with hotchpot and advancement clauses, adapting 
 Forms Nos. 64 and 65]. 
 
 (a) The words in brackets to be used if the wife takes a life interest. 
 
GENERAL FORMS. 245 
 
 AND if there should not be any child of such daughter 
 who under the trust in default of appointment herein- 
 before contained attains a vested interest in her share, 
 Then subject to the trusts and powers hereinbefore de- 
 clared in favour of such daughter and her issue, her 
 original share, and also any share or shares which shall 
 have accrued under this provision, shall accrue to and be 
 held In Trust for my other children or child who being 
 sons or a son attain the age of twenty-one years, or being 
 daughters or a daughter attain that age or marry, and if 
 more than one in equal shares, but so that the further 
 share accruing to each daughter shall be retained and 
 held by the trustees or trustee upon and subject to the 
 like trusts and powers as are hereinbefore declared con- 
 cerning the original share of that daughter, and so that 
 the further share accruing to each child of mine shall be 
 subject to the like power of advancement as his or her 
 original share. 
 
 | Where legacies are given to daughters instead of shares 
 of the residue say, before the general devise and bequest, 
 
 No. 61.| 
 
 I BEQUEATH the sum of £ to each of my 
 daughters, AND I direct that the trustees or trustee shall 
 retain the legacy bequeathed to each daughter of mine 
 and invest the same in their or his names or name 
 with her consent if of age, and if under age and also 
 after her death at the discretion of the trustees or trustee 
 in any of the investments in which my residuary estate 
 is authorized to be invested, with power with the like 
 consent or at the lke discretion to vary the investments 
 thereof for others of a hke nature, AND shall stand pos- 
 ‘sessed of each daughter’s legacy and the investments 
 representing the same hereinafter included in the de- 
 scription of such daughter’s legacy (subject to any ad- 
 vancement which the trustees or trustee shall think 
 proper to make and which I hereby authorize to be made 
 for her benefit to any amount not exceeding one-half 
 -of each daughter’s legacy) Upon trust |trusts as to 
 
 WILLS. 
 
 No. 67. 
 
 Capital of 
 daughter’s 
 share in 
 default of her 
 children to 
 accrue to other 
 children. 
 
 No. 68. 
 
 Bequest of 
 legacies to 
 daughters and 
 settlement 
 thereof. 
 
No. 69. 
 
 In default of 
 children, each 
 daughter’s 
 legacy to fall 
 into residue. 
 
 No. 70. 
 
 Power to 
 daughters to 
 appoint life 
 interests to 
 surviving 
 husbands. 
 
 No. 71. 
 
 Trustees on 
 marriage of 
 daughter may 
 declare other 
 trusts of her 
 share [or 
 
 legacy |. 
 
 246 GENERAL FORMS. 
 
 income for such daughter for her life, and after her death 
 as to capital and income for her issue as she shall appoint, 
 with hotchpot and advancement clauses, and in default for 
 her children equally, as in Form No. 66. | 
 
 Anp if there should not be any child of a daughter 
 who under the trust in default of appointment herein- 
 before contained attains a vested interest in her legacy, 
 Then subject to the trusts and powers hereinbefore de- 
 clared in favour of such daughter and her issue, her 
 legacy and the income thereof and all statutory accu- 
 mulations, if any, of income, or so much thereof respec- 
 tively as shall not have been applied under any of the 
 powers hereinbefore contained or any statutory power, 
 shall fall into and form part of my residuary estate. 
 
 I DECLARE that it shall be lawful for each daughter 
 of mine from time to time or at any time while not 
 under coverture by deed revocable or irrevocable, or 
 whether covert or sole by will or codicil, to appoint 
 to or for the benefit of any husband who may survive 
 her during the residue of his life or any less period, 
 all or any part of the annual income of her share, as 
 well original as accruing under the trusts aforesaid 
 [or of the legacy hereinbefore bequeathed to her], And 
 that upon any such appointment the trusts and powers 
 hereinbefore limited to take effect after the death of 
 the daughter so appointing, shall take effect only after 
 the determination of and in the meantime subject to the 
 interest limited by any such appointment. 
 
 I DECLARE that notwithstanding the trusts hereinbefore 
 contained respecting the share of [or the legacy herein- 
 before bequeathed to] each daughter of mine as aforesaid, 
 the trustees or trustee may by deed executed by them or 
 him previously to and in consideration of the marriage of 
 any such daughter, but with the consent of her and her 
 intended husband if she have then attained the age of 
 twenty-one years, or otherwise with the consent of such in- 
 tended husband and of her guardian or guardians to revoke 
 
GENERAL FORMS. 247 
 
 from and after the intended marriage all or any of the 
 trusts, powers, and provisions hereinbefore declared con- 
 cerning the share [or the legacy] of the same daughter, 
 and either to direct the whole or any part or parts 
 thereof to be held immediately after the marriage In 
 trust for her intended husband absolutely, or to declare 
 and limit such other trusts, powers, and provisions to 
 take effect after the intended marriage, and concerning 
 the same share [or legacy |, or any part or parts thereof, 
 as to the trustees or trustee with such consent as afore- 
 said shall seem proper, and if thought expedient to 
 constitute any other persons or person trustees or trustee 
 of the same share [or legacy|, and to transfer the same 
 to such persons or person accordingly, whose receipt in 
 writing shall be a sufficient discharge for the same. I 
 declare that the power lastly hereinbefore contained may 
 be exercised in contemplation of a second or any subse- 
 quent marriage of the same daughter, but nevertheless 
 
 without prejudice in any respect to any previous exercise 
 
 thereof on the occasion of any earlier marriage. 
 
 I DECLARE that any sum which on the marriage of any 
 daughter of mine shall be paid to her, or settled by me 
 on such marriage, shall be taken as being so paid or 
 settled in or towards satisfaction of her share in my 
 residuary estate [or the legacy hereinbefore bequeathed 
 to her]. 
 
 I DECLARE that notwithstanding the trust for sale of 
 my real estate hereinbefore contained the trustees or 
 trustee may, if they or he think proper, raise any sum or 
 sums for the payment of all or any of my funeral and 
 testamentary expenses and debts, and the legacies 
 bequeathed hereby or by any codicil hereto (whether my 
 personal estate shall be deficient or not, and without the 
 necessity of applying any personal estate in making any 
 such payment) by mortgage of all or any part of my real 
 estate upon such terms as the trustees or trustee shall 
 think fit, And may convey the hereditaments so to be 
 
 No. 72. 
 
 Declaration 
 that sum paid 
 or settled be 
 taken as part 
 of legacy. 
 
 No. 73. 
 
 Power to 
 mortgage for 
 payment of 
 debts, &c. 
 
No. 74. 
 
 Testimonium 
 and attestation 
 clause to will 
 or codicil. 
 
 248 GENERAL FORMS. 
 
 mortgaged to any person or persons, either in fee, or for 
 any term of years, with or without impeachment of waste 
 or otherwise, by way of mortgage for securing payment 
 of the money raised and interest thereon, and with such 
 powers as may be thought expedient, and may for such 
 purposes as aforesaid execute and do all such assurances 
 and things as the trustees or trustee shall think fit, And 
 a mortgagee shall not be concerned to inquire whether 
 any money is wanted for the purposes of my will, or 
 whether more than is wanted is raised (a). 
 
 In witness whereof I have hereunto set my hand the 
 day and year first above written (b). 
 
 | Testator’s signature. | 
 
 Signed and declared by the above 
 named as [a codicil to] his 
 last will in the presence of us both 
 present at the same time, who in his 
 presence and the presence of each 
 other have hereunto set our hands 
 as witnesses. 
 
 [ Two witnesses, adding addresses, and descriptions 
 
 of any (c).| 
 
 (a) Money may be raised by mortgage under this power without the 
 consent of the tenant for life of the proceeds of sale, though under the 
 Settled Land Act, s. 63, a sale for the same purpose may not be capable 
 of being made without his consent. 
 
 (6) The date is at the beginning. 
 
 (c) The addresses and descriptions of the witnesses are not necessary, 
 but are convenient for identification. 
 
PRECEDENTS. 249 
 
 CHAPTER V. 
 PRECEDENTS. 
 
 SECT. I. 
 PURCHASE DEEDS. ’ 
 
 CONVEYANCE BY MORTGAGEES OR TRUSTEES AND BENE- 
 FICIAL OwNER under C. A. s. 7 @) A. and F. 
 (Witnessing part.) 
 
 Now THIS INDENTURE WITNESSETH that in pursuance 
 of the said agreement and in consideration of &c., A. 
 and B. AS MORTGAGEES [or TRUSTEES] and according to 
 their estate and by the direction of X. hereby convey, 
 and X. as BENEFICIAL OWNER hereby conveys and confirms 
 unto, &e. [See C. A. Schedule 4, Form III. ] 
 
 This form implies a several covenant by the mortgagees or trustees, 
 that they have not incumbered or done any act to prevent them from 
 conveying, &c., C. A. s.7 (1) F. This being a covenant by “every 
 person,” the word “ person ” does not admit of being read in the plural, 
 and the covenant is, moreover, expressly confined to the person’s own 
 acts. So that making two persons jointly convey ‘‘as mortgagees ” or 
 ‘as trustees ” has not, as in other cases, the effect of a joint covenant. 
 
 The form also implies a covenant for title by X. that notwithstanding 
 anything by him, or any one through whom he derives title other- 
 wise than by purchase for value, &c., he with the concurrence of the 
 mortgagees or trustees can convey, &c. (s. 7 (1) A). 
 
 A mortgagee or trustee, except where he is selling, conveys by refer- 
 ence to his mortgage or trust deed. If he conveys by substantive 
 description it is usual to add the words “ according to his estate.” 
 
 “Convey” is used in this and some other forms, but it is not a 
 necessary word. 
 
 PURCHASE 
 DEEDS. 
 
 No. L. 
 
 Co Age GCE), 
 A.& F. 
 
 MorTGAGEES 
 OR TRUSTEES 
 AND BENEFI- 
 CIAL OWNER. 
 
 Covenant F 
 not joint. 
 
 Mortgagee 
 or trustee 
 conveys only 
 according to 
 his estate 
 except on 
 selling. 
 
PURCHASE 
 DEEDS. 
 
 No. II. 
 
 C, A. s. 7 (2), 
 (7). 
 TRUSTEES AND 
 TENANT FOR 
 
 LIFE. 
 
 No. III. 
 
 CoB. Bs-4-(3); 
 HUSBAND AND 
 WIFE (WIFE 
 BENEFICIAL 
 OWNER). 
 
 250 PRECEDENTS. 
 
 ConvEYANCE by Trusrers of the power of sale and 
 exchange in a settlement by the direction of the 
 TENANT FOR LIFE under C. A., s. 7 (2) with a varia- 
 tion under subs. 7. (Witnessing part.) 
 
 Now THIS INDENTURE WITNESSETH that in pursuance 
 of the said agreement and in consideration of &c., and 
 in exercise of the power given by the hereinbefore re- 
 cited indenture of &., A. and B. as TRUSTEES, and by the 
 direction of X. AS BENEFICIAL OWNER, do hereby revoke 
 all the limitations now subsisting under the said recited 
 indenture concerning the lands and hereditaments here- 
 inafter mentioned, and do hereby appoint and convey All 
 &e., ‘T'o the use Xe. 
 
 Under C. A. s. 7, A. and subs. (2) this form implies a covenant by 
 X. that notwithstanding anything by him, or any one through whom 
 &c. (which includes the settlor) he has, with the concurrence of the 
 trustees, power to convey &c. If it is desired to restrict the covenant 
 of X. to his own life estate add the proviso in Form No. 1, p. 206. 
 
 This precedent is retained in this edition as an illustration of the 
 covenant referred to in the note to C. A. s. 7 (2), p. 39, ante, and it 
 may still be used if required. The Settled Land Act, s, 56 (2), still 
 permits trustees, with the consent of the tenant for life, to sell under 
 the power in the settlement. 
 
 See a precedent, No. XIIa., post, of a conveyance by a tenant for 
 life under the Settled Land Act, s. 638, of land settled on trust for sale. 
 
 CONVEYANCES BY HUSBAND AND WIFE under C. A. 
 s.7 (3). (Witnessing part.) 
 
 1. Now THis INDENTURE WITNESSETH that in pursuance, 
 &e., A. S., AS BENEFICIAL OWNER, with the consent of 
 B. 8S. her husband, hereby conveys and disposes of [or 
 appoints | unto &e. 
 
 This form implies a covenant for title on the part of the wife only, 
 
 but no covenant on the part of the husband. Conveyance includes 
 appointment, and “ convey ” includes “ appoint.” 
 
PRECEDENTS. 251 
 
 2. Now THIS INDENTURE WITNESSETH We., that A. S. 
 AS BENEFICIAL OWNER, with the concurrence of B.S. her 
 husband, hereby conveys and disposes of, and B. 8. as 
 BENEFICIAL OWNER hereby conveys and confirms unto &c. 
 
 This form implies a covenant for title on the part of the wife that 
 notwithstanding anything by her &c., she has &c., and binds her present 
 and future separate estate, which she is not restrained from antici- 
 pating (M. W. P. A., ss. 1, 19), and also a covenant for title by the 
 husband that notwithstanding anything by him &c., he has &c., and 
 also a covenant by him in the same terms as the implied covenant of 
 the wife, namely, “That notwithstanding anything by her &c., she 
 has” &c. 
 
 This form is applicable to the ordinary case of a conveyance by 
 husband and wife of the wife’s freeholds acquired before 1883, and not 
 settled to her separate use, and the deed must be acknowledged by her 
 under 3 & 4 Will. 4, c. 74, ss. 77, 79, as amended by C. A., 1882, s. 7. 
 If the property was acquired after 1882, she can convey it as a feme sole 
 without the concurrence of her husband and without acknowledgment. 
 
 CONVEYANCES BY TENANTS IN Common. ( Witnessing part.) 
 
 1. Now Tuis INDENTURE WITNESSETH that in conside- 
 ration of &., A. as to the one undivided moiety to which 
 he is entitled and as BENEFICIAL OWNER, and B. as to the 
 other undivided moiety to which he is entitled and As 
 BENEFICIAL OWNER, hereby conveys unto &c. 
 
 This form implies covenants by A. and B, severally each as to his 
 own motety. 
 
 2. Now THis INDENTURE WITNESSETH that in conside- 
 ration of &c., each of them, A., B., C., &c., as to the 
 undivided share to which he is entitled as hereinbefore 
 recited, and AS BENEFICIAL OWNER, hereby conveys unto 
 &e. 
 
 This implies a several covenant by each as to his share shewn by 
 recital. 
 
 PURCHASE 
 DEEDS. 
 
 No. IV. 
 
 HUSBAND AND 
 WIFE (BOTH 
 BENEFICIAL 
 OWNERS.) 
 
 No. V. 
 
 eee 
 
 TENANTS IN 
 COMMON. 
 
 Several cove- 
 nant as to 
 each moiety. 
 
 No. VI. 
 
 Several cove- 
 nant as to 
 recited shares. 
 
PURCHASE 
 DEEDS. 
 
 No. VII. 
 
 JOINT 
 TENANTS. 
 
 Several cove- 
 nant as to 
 entirety. 
 
 No. VIII. 
 
 Several cove- 
 nant as to 
 entirety. 
 
 No. IX. 
 
 Joint covenant 
 as to entirety. 
 
 No. X. 
 
 Joint and 
 several cove- 
 nant. 
 
 252 PRECEDENTS. 
 
 CONVEYANCES BY JoInT TENANTS. (Witnessing part.) 
 
 1. Now tuts INDENTURE WITNESSETH that in conside- 
 ration, &c., A. AS BENEFICIAL OWNER, and also B. As 
 BENEFICIAL OWNER, hereby convey unto &e. 
 
 This form implies covenants by A. and B. severally each as to the 
 
 entirety. As to when a purchaser is entitled to joint and several 
 covenants, see second note to Precedent X. 
 
 2. Now THIS INDENTURE WITNESSETH &c., that each 
 of them, A., B., and C., as to his own undivided share 
 to which he is entitled as hereinbefore recited, and as 
 BENEFICIAL OWNER, and also by therdirection of each of 
 the others of them directing AS BENEFICIAL OWNER, 
 hereby conveys unto &e. 
 
 This implies a several covenant by each as to the shares of the others 
 
 as well as his own: C. A. s. 7 (2); and gives in another form a several 
 covenant as to the entirety. 
 
 3. Now THIS INDENTURE WITNESSETH that in conside- 
 ration of &c., A. and B., AS BENEFICIAL OWNERS, do 
 hereby convey unto &e. 
 
 This implies a joint covenant by A. and B. as to the entirety that 
 notwithstanding anything by them &c., they have full power &c. 
 
 4. Now THIS INDENTURE WITNESSETH that in conside- 
 ration of &c., A. and B., AS BENEFICIAL OWNERS, do and 
 also each of them AS BENEFICIAL OWNER and by the 
 direction of the other of them DIRECTING AS BENEFICIAL 
 OWNER doth hereby convey unto &e. 
 
 This implies a joint covenant by A. and B. as to the entirety that 
 notwithstanding anything by them &c., they have full power to 
 convey &c., and also a several covenant by each that notwithstanding 
 anything by him &c., he with the concurrence of the other has full 
 power to convey &c. 
 
 Where the sale is made without any special agreement as to cove- 
 nants it is conceived that the purchaser is entitled to the joint and 
 several covenants by all tenants in common as to the entirety. 
 
PRECEDENTS. 253 
 
 CONVEYANCE BY TENANT FOR LIFE AND REMAINDER- 
 MAN. (Wetnessing part.) 
 
 Now tuts INDENTURE WITNESSETH that in considera- 
 tion of &c., each of them A. and B. aS BENEFICIAL 
 OWNER, and by the direction of the other of them 
 DIRECTING AS BENEFICIAL OWNER, hereby conveys unto 
 we. 
 
 In this form a several covenant is implied by each as to the entire 
 fee that notwithstanding anything by him &c., he with the concur- 
 rence of the other has full power to convey &c. 
 
 The covenant of each of them severally may if desired be restricted 
 to his own estate, so far as regards the tenant for life by a proviso 
 similar to that in Form No. 1, p. 207, and so far as regards the 
 remainderman by the following proviso— 
 
 PROVIDED ALWAYS, that so far as regards the life estate 
 of A. [tenant for life| in the said hereditaments intended 
 to be hereby conveyed, and the title to and further 
 assurance of the same hereditaments during his life the 
 covenant by Bb. | remainderman| in these presents impled 
 by statute shall not extend to the acts, deeds, or defaults 
 of any person other than and besides B. and his own heirs 
 and persons claiming or to claim under or in trust for 
 him, them, or any of them. 
 
 CONVEYANCE of F'REEHOLDS by BENEFICIAL OWNER. 
 
 Tus INDENTURE made the day of Revo" ae 
 Between of , hereinafter called the vendor, of 
 the one part, and of , hereinafter called the 
 
 purchaser, of the other part. 
 
 _ WueErREAS the vendor is now seised in fee simple in 
 possession free from incumbrances of the hereditaments 
 hereinafter conveyed (a), and has agreed to sell the same 
 to the purchaser for the like estate in possession free 
 from incumbrances at the price of £ 
 
 Now Tuis INDENTURE WITNESSETH that in pursuance 
 
 (a) See Bolton v. London School Board, 7 Oh, D. 766, as to the effect 
 of this recital, and see note thereon, p. 12, ante. 
 
 PURCHASE 
 DEEDS. 
 
 No. XI. 
 
 TENANT FOR 
 LIFE AND RE- 
 MAINDERMAN. 
 
 Proviso 
 restricting the 
 covenants of the 
 remainderman. 
 
 No. XIa. 
 
 Parties. 
 
 Recitals. 
 
 Testatum. 
 Conveyance, 
 
PURCHASE 
 DEEDS. 
 
 No. XIA. 
 
 Parcels, 
 
 Habendum. 
 
 Quantity of 
 estate not 
 defined on the 
 premises. 
 
 254. PRECEDENTS. 
 
 of the said agreement, and in consideration of the sum of 
 £ paid by the purchaser to the vendor (the receipt 
 of which sum the vendor hereby acknowledges), The 
 vendor AS BENEFICIAL OWNER hereby conveys unto the 
 purchaser (a) All that &c. situated &c. more particularly 
 described in the | first] schedule hereto, and intended to 
 be delineated on the plan indorsed on these presents and 
 therein edged 
 
 To HOLD unto and to the use of the purchaser in fee 
 simple. 
 
 | Add, if required, Acknowledgment by vendor of right of 
 purchaser to production of documents of title in schedule, 
 and to delivery of copies thereof, and Undertaking for safe 
 custody thereof, Form No. 3.| 
 
 In witness, &e. 
 
 Tue [First] SCHEDULE ABOVE REFERRED TO. 
 | Parcels. | 
 
 [ Add, if required for documents, THE SECOND SCHEDULE 
 ABOVE REFERRED TO. | 
 
 General words and the all estate clause are supplied by C. A. ss. 
 6, 63; and covenant A of s. 7 (1) of that Act is implied. 
 
 Following the forms in the 4th schedule of the C. A. (which by s. 57 
 are declared to be sufficient) the “premises” (the part preceding the 
 habendum) need not contain words of limitation; the estate to be 
 taken may be defined only in the habendum. This is a return to the 
 original office of the premises. The practice of limiting the estate both 
 in the premises and in the habendum is stated by Sheppard in his 
 Touchstone to be improper, though it has been generally adopted : 
 Shep. Touch. by Preston, c. v. p. 74. 
 
 (a) Where recitals are dispensed with the witnessing part should © 
 commence thus— 
 
 WITNESSETH that in consideration of the sum of £ 
 paid by the purchaser to the vendor for the purchase of 
 the hereditaments hereinafter mentioned in fee simple 
 in possession free from incumbrances, the receipt of 
 which sum the vendor hereby acknowledges, The vendor 
 AS BENEFICIAL OWNER hereby conveys unto the purchaser 
 All that &e. 
 
PRECEDENTS. 255 
 
 “Fee simple” is used in these Precedents in accordance with C. A., 
 s. 51. The word “assigns,” which is usually added is omitted generally 
 in these Precedents as superfluous (see n., p. 258, post), except in Nos. 
 XXX. and XXXII., for the reason stated in note to No. XXX. 
 
 For an ordinary CONVEYANCE of FREEHOLDS BY Mort- 
 GAGOR AND MORTGAGEE, see C. A. 4th Sched. Form IIL, 
 and: Preced. I., ante. 
 
 CoNVEYANCE of FREEHOLDS by the ExEcUTOR of the suR- 
 VIVOR of DECEASED MORTGAGEES under the power of 
 sale conferred by the C. A. 
 
 THis INDENTURE made &c. 1883, Between X. of &c. 
 | vendor] of the first part and B. of &c. [ purchaser] of the 
 other part. 
 
 WHEREAS by an Indenture dated &c. 1882, and made 
 between A. of the one part and M. and N. (both since 
 deceased) of the other part, the hereditaments hereinafter 
 mentioned were conveyed by A. as beneficial owner to 
 the use of M. and N. in fee simple by way of mortgage 
 for securing payment by A. to M. and N. of £1000 
 advanced by them on a joint account to A. with interest 
 on the day therein mentioned and since passed : 
 
 AnpD whereas M. died on &c. 1882, and N. died on &e. 
 1883, having by his will dated &c. appointed the said X. 
 his sole executor who proved the same in the Principal 
 Probate Registry on &c. 
 
 AND whereas the said sum of £1000 and an arrear of 
 interest thereon are still due to the said X. as such exe- 
 cutor as aforesaid upon the hereinbefore recited indenture: 
 
 Now THIS INDENTURE WITNESSETH that in considera- 
 tion of the sum of £2000 paid to X. by B. for the pur- 
 chase of the fee simple of the hereditaments hereinafter 
 mentioned, the receipt of which sum X. hereby acknow- 
 ledges, X. AS THE PERSONAL REPRESENTATIVE of N. 
 deceased, hereby in exercise of the power of sale conferred 
 by the Conveyancing and Law of Property Act, 1881, 
 conveys and releases unto B. All that &c. 
 
 PURCHASE 
 DEEDS. 
 
 No. XI. 
 
 No. XII. 
 
 FREEHOLDS. 
 
 Parties. 
 
 Recital. 
 Mortgage. 
 
 Death of 
 mortgagees 
 and will of 
 survivor. 
 
 That principal 
 and interest 
 due. 
 
 Testatum. 
 Conveyance. 
 
 Parcels, 
 
PURCHASE 
 DEEDS, 
 
 No. XII. 
 
 FREEHOLDS. 
 
 Habendum. 
 
 Conveyance 
 under power 
 of sale in C. A. 
 by mortgagee. 
 Where “the 
 said” may be 
 omitted. 
 
 No. XITA. 
 
 FREEHOLDS BY 
 TENANT FOR 
 LIFE. 
 
 Parties. 
 
 Recitals. 
 Settlement. 
 
 256 PRECEDENTS. 
 
 To HOLD unto and to the use of B. in fee simple dis- 
 charged from all money secured by and all claims under 
 the recited indenture. 
 
 In witness &c. 
 
 The mortgage estate devolves upon the executor of the last surviving 
 mortgagee under OC. A. s. 30, with the right to exercise the power of 
 sale, which is by s. 19 made incident to the estate of mortgagees under 
 a deed executed after 1881. 
 
 General words and the all estate clause are supplied by C. A., 
 ss. 6, 63. 
 
 Covenant F of s. 7 (1) is implied by the executor. 
 
 The conveyance must be made in professed exercise of the power of 
 sale conferred by the C. A. in order to give to the purchaser the protec- 
 tion of s. 21 (2) against irregularities in the sale. 
 
 The words “the said” may be conveniently omitted where there 
 are no recitals, or where a person, though previously mentioned, is not 
 a party. . 
 
 CONVEYANCE of FREEHOLDS by TENANT FOR LIFE of 
 proceeds of sale under a SETTLEMENT WHICH CREATES 
 A TRUST FOR SALE. 
 
 Tuts INDENTURE made &c. between R. W. of &c. 
 [tenant for life] of the first part, R. N. of &c. and R. L. 
 of &c. [trustees] of the second part, and X. Y. of &ce. 
 | purchaser | of the third part. 
 
 Whereas by an Indenture dated &c. and made be- 
 tween the said R. W. of the first part, H. A. of the second 
 part, and the said R. N. and R. L. of the third part 
 (being a conveyance made in consideration of the mar- 
 riage then intended and since solemnized between the 
 said R. W. and H. A.), the pieces of land and heredita- 
 ments hereinafter mentioned were | with other heredita- 
 ments| conveyed To the use of the said R. N. and R. L. 
 in fee simple after the solemnization of the said marriage 
 Upon trust to sell the same at the request in writing of 
 the said R. W., And to stand possessed of the net pro- 
 ceeds of such sale, and also of the rents and profits of the 
 premises until sale, Upon the trusts and subject to the 
 powers and provisions declared concerning the same by 
 an Indenture therein referred to bearing even date there- 
 
PRECEDENTS. AGW 
 
 with, under which trusts the said R. W. is tenant for life 
 of the proceeds of the sale : 
 
 And whereas the said R. W. as such tenant for life has 
 agreed to sell to the said X. Y. the said pieces of land 
 and hereditaments hereinafter mentioned and the fee 
 simple in possession free from incumbrances, at the price 
 of £ , and the said R. N. and R. L. have agreed to 
 join in these presents as hereinafter appearing. 
 
 Now THis INDENTURE WITNESSETH that in pursuance 
 of the said agreement and in consideration of the sum of 
 £ upon the execution of these presents paid to the 
 said R. N. and R. L. as such trustees as aforesaid, by 
 the said X. Y., the receipt whereof the said R. N. and 
 R. L. hereby acknowledge, the said R. W. in exercise of 
 the power conferred on him by the Settled Land Act, 
 and AS BENEFICIAL OWNER hereby conveys, and the said 
 R. N. and R. L. as trustees hereby convey and sous 
 Unto the said X. Y. 
 
 All those pieces of land situated in the parish of &c. 
 in the county of , containing EV reo 
 or thereabouts, a particular whereof is contained in the 
 [first] schedule hereto, and which are intended to be 
 delineated on the plan indorsed on these presents and 
 therein coloured 
 
 To HOLD UNTO AND To THE USE of the said X. Y. in 
 fee simple. 
 
 [Add proviso restricting the tenant for life’s implied 
 covenants for title, Form No. 1, and acknowledgment by 
 the trustees as to production of the settlement, and (if all the 
 settled lands are not sold) also of the recited conveyance 
 and other documents, Form No. 3. | 
 
 In witness &e. 
 
 THe [First] SCHEDULE ABOVE REFERRED TO. 
 | Parcels. | 
 [Add if required for deeds, THE SECOND SCHEDULE 
 ABOVE REFERRED TO. | 
 
 General words and the all estate clause are supplied by C. A. 
 ss. 6, 63, and Covenant A of s. 7 (1) as varied (subs. 7) is implied 
 8 
 
 PURCHASE 
 DEEDS. 
 
 No. XIJA. 
 
 Agreement for 
 sale. 
 
 Testatum. 
 Conveyance. 
 
 Parcels. 
 
PURCHASE 
 DEEDS. 
 
 No. XII. 
 
 Sale by tenant 
 for life. 
 
 Concurrence of 
 trustees. 
 
 NORTE 
 
 LEASEHOLDS. 
 
 CrAcsos CL) 
 A and B. 
 
 Why executors, 
 administrators, 
 and assigns 
 omitted. 
 
 258 PRECEDENTS. 
 
 by the tenant for life, and Covenant F of that 8s. is implied by the 
 trustees. 
 
 The tenant for life of the proceeds of the sale is the proper person 
 under the Settled Land Act, s. 63, to sell land settled upon trust for 
 sale. The trustees may, however, sell with his consent, but it is safer 
 for them to allow him to sell, as then they incur no liability, except in 
 respect to the receipt and application of the purchase-money. 
 
 As the trustees have to concur to receive the purchase-money they 
 are made to convey also, but their concurrence for the latter purpose is 
 not necessary, the tenant for life has full power to convey the whole 
 subject matter of the settlement (S. L. A. ss. 20, 63), including any 
 legal estate vested in the trustees, 
 
 CoNVEYANCE OF LEASEHOLDS. (Witnessing part.) 
 
 [For recitals and wtimate devolution of lease, see PRECED. 
 Nos. XIV. and XVI. post. ] 
 
 Now THIS INDENTURE WITNESSETH that in pursuance 
 of the said agreement, and in consideration of &e., the said 
 A. B. AS BENEFICIAL OWNER hereby conveys unto CO. D. 
 
 All the said premises demised by the hereinbefore 
 recited lease [which premises are now known as (add if 
 necessary a modern description) | 
 
 To Hnotp to C. D. during the residue of the term 
 granted by the said lease at the rent and subject to the 
 lessee’s covenants and the conditions by and in the said 
 lease reserved and contained and henceforth to be paid 
 and observed [add covenant by purchaser to pay rent, &c., 
 Form No. 2, ante]. In witness &e. 
 
 This form implies the covenants by the vendor, C. A.s. 7 (1), A. 
 and B. General words are supplied by s. 6. 
 
 The words ‘‘ executors, administrators, and assigns,” usually added 
 in assignments of leaseholds are superfluous; the executors or ad- 
 ministrators take the personal estate of the assignee at Common Law, 
 and the word “assigns” is not a word of limitation: Williams, 
 R. P. 145, 12th ed.; Osborne v. Rowlett, 13 Ch. D. 777, per M. R. 
 As to the use of “heirs and assigns ” see pp. 215 (b), 292 (a). 
 
 The word “absolutely ” may be used as an absolute assignment of 
 personalty, and where the assignment is for a limited interest, as in 
 leaseholds, the habenduwm may express that interest. 
 
PRECEDENTS. 259 
 CONVEYANCE OF FREEHOLDS AND LEASEHOLDS TO THE 
 USES AND UPON THE TRUSTS OF A WILL. 
 
 Tus INDENTURE made the day of Ivster 
 between C. 8. of &e. [mortgagee], of the first part, A. H: 
 of &c. [vendor], of the second part, H. D. of &e. [tenant 
 Jor life|, of the third part, and E. L. of &c., and L. P 
 of &c., of the fourth part: 
 
 Whereas A. H. is seised in fee simple free from in- 
 cumbrances of the freehold hereditaments hereinafter 
 mentioned and conveyed by the first witnessing part of 
 these presents : 
 
 And whereas by an indenture dated the Ist day of 
 June, 1651, and made between J. W. of the one part, and 
 J. Hi. of the other part, the said J. W. demised All that 
 &e., unto the said J. E. for the term of one thousand 
 years without impeachment of waste under the yearly 
 rent of a peppercorn : 
 
 And whereas, after divers mesne assignments and acts 
 in the law, ultimately under an indenture dated &c., the 
 premises so demised became vested in J. H., deceased, for 
 the residue of the said term of one thousand years : 
 
 And whereas by an indenture of mortgage dated &c., 
 and made between the said J. H. of the one part, and the 
 said C. 8. of the other part, the said J. H. assigned the 
 said demised premises unto the said C. 8. for the residue 
 of the said term of one thousand years by way of mortgage 
 for securing the sum of £ and interest thereon : 
 
 And whereas the said J. H. died on &c., having by his 
 will, dated &c., appointed his son the said A. H. his 
 executor, and bequeathed to him the said demised pre- 
 mises and he proved the said will on &c., in the 
 Principal Probate Registry : 
 
 And whereas E.G. D., late of &c., deceased, duly made 
 his will dated &c., and thereby devised all his real 
 estate in the counties of &c., To the use of his eldest 
 son the said H. D. during his life, without impeachment 
 ‘of waste, with remainders to his issue male and to other 
 sons and their issue male; and the said will, contained 
 
 ae, 
 
 PURCHASE 
 DEEDS. 
 
 No. XIV. 
 
 FREEHOLDS 
 AND LEASE- 
 HOLDS. 
 
 Parties. 
 
 Recitals.— 
 
 Seisin of the 
 freeholds by 
 A. H. 
 
 Demise of 
 
 the leaseholds. 
 
 Devolution of 
 leaseholds. 
 
 Mortgage 
 thereof. 
 
 Will and death 
 of mortgagor. 
 
 Will of the 
 testator to the 
 uses whereof 
 the convey- 
 ance is to be 
 made, and 
 under which 
 H. D. is tenant 
 for life. 
 
PURCHASE 
 DEEDS. 
 
 No. AL 
 
 Power to his 
 trustees to 
 sell and 
 exchange, 
 
 and invest the 
 proceeds in the 
 purchase of 
 
 hereditaments. 
 
 Codicil sub- 
 stituting E. L. 
 as a trustee 
 instead of one 
 of the original 
 trustees. 
 
 260 PRECEDENTS. 
 
 divers powers and provisions, including a power toC.J.8. 
 and EH. B. W. (the trustees therein named) during the life 
 of each of the testator’s sons thereby made tenants for life, 
 who for the time being should be entitled to the possession 
 or receipt of the rents and profits of the said heredita- 
 ments thereby devised (with his consent in writing), to 
 sell or exchange in manner therein mentioned, the 
 hereditaments subject to the limitations of the said 
 will; And the said testator declared that the said C. J.S. 
 and K. B. W. should receive the money arising by any 
 such sale and invest the same in the purchase of here- 
 ditaments in England or Wales for an estate of inherit- 
 ance in fee simple, or of lands of a leasehold or copyhold 
 or customary tenure convenient to be held therewith or 
 with any hereditaments for the time being subject to the 
 subsisting uses of that his will, so that during the life 
 of any person thereby made tenant for life who should 
 for the time being be entitled as aforesaid, every such 
 purchase should be made with his consent in writing, And 
 should cause the hereditaments so purchased to be settled 
 and assured to the uses, upon the trusts, and subject 
 to the powers and provisions in the said will declared 
 concerning the hereditaments thereinbefore devised in 
 strict settlement, or as near thereto as the deaths of 
 parties and other intervening circumstances would admit 
 of, but not so as to increase or multiply charges, and so 
 that if any of the lands purchased or taken in exchange 
 should be held by a lease for years the same should not 
 vest absolutely in any person thereby made tenant in 
 tail male by purchase who should not attain the age of 
 twenty-one years, but on his death under that age should 
 devolve in the same manner as if they had been freeholds 
 of inheritance and had been settled accordingly; And 
 the said will contained a power to appoint new trustees : 
 And whereas the said E.G. D. made a first and second 
 codicil dated respectively &c., to his said will not affecting 
 his said will so far as hereinbefore recited, and also made 
 a third codicil dated &c. to his said will, and thereby in 
 effect substituted the said E. L. as a trustee of his said 
 
PRECEDENTS. 261 
 
 will in the place of the said E. B. W., and devised and 
 gave to the said C. J. S. and HE. L. the same estates and 
 powers as were by the said will devised and given to the 
 said C. J. S. and E. B. W.: 
 
 And whereas the said testator died on &c., without 
 having revoked the said will and codicils, which were 
 duly proved in the Principal Probate Registry on &c. 
 
 And whereas by an indenture dated &ec., and made 
 between the said H. D. of the first part, the said C. J. 8. 
 of the second part, the said EK. L. of the third part, and 
 the said L. P. of the fourth part, the said L. P. was 
 under the aforesaid power in the said will duly appointed 
 a trustee of the said will and codicils in the place of the 
 said C. J. 8.: 
 
 And whereas the said E. L. and L. P. as such trustees 
 as aforesaid, and with the consent of the said H. D., have 
 agreed with the said A. H. for the purchase of the 
 freehold hereditaments hereinafter mentioned and also 
 of the said leasehold premises comprised in the said term 
 of one thousand years, for all the residue of that term 
 free, as to all the said premises, from incumbrances, at 
 the price of £ 3 
 
 And whereas the principal sum of £ | Sfandeno 
 more is now owing to the said C. 8. on the security of 
 the hereinbefore recited mortgage, all interest thereon 
 having been paid, as he hereby acknowledges, and he 
 has agreed on receiving the sum so due to him to join 
 in these presents as hereinafter appearing : 
 
 Now tuis INDENTURE WITNESSETH that in pursuance 
 of the said agreement and in consideration of £ 
 paid to the said A. H. and of the further sum of £ 
 paid to the said C.8., as hereinafter mentioned, by the 
 direction of the said A. H., and making together the 
 total purchase-money of £ paid to or at the request 
 of the said A. H. by the said HE. L. and L. P. out of money 
 in their hands as such trustees as aforesaid (the payment 
 and receipt as aforesaid of which sum of £ the said 
 A. H. hereby acknowledges), the said A. H. AS BENEFICIAL 
 OWNER hereby conveys unto the said H. L. and L. P. 
 
 PURCHASE 
 DEEDS. 
 
 No. XIV. 
 
 — 
 
 Death of last- 
 mentioned 
 testator, and 
 probate of his 
 will. 
 Appointment 
 Of le Peas 
 trustee of that 
 will. 
 
 Agreement to 
 purchase. 
 
 Mortgage debt 
 still due, 
 
 First testatum., 
 Conveyance of 
 the freeholds. 
 
PURCHASE 
 DEEDS. 
 
 No. XIV. 
 
 Further 
 testatum. 
 Conveyance of 
 the leaseholds 
 released from 
 mortgage. 
 
 262 PRECEDENTS. 
 
 All that &c., containing statute measure or there- 
 abouts, now in the occupation of M. as tenant thereof, 
 which said premises are intended to be more particularly 
 described in the first schedule hereto and to be delineated 
 in the plan drawn in the margin of these presents, and to 
 be therein coloured , and all other (if any) the lands 
 and hereditaments comprised in the said schedule, 
 
 To HOLD unto the said E. L. and L. P. in fee simple (a), 
 To the uses, upon the trusts, and subject to the powers 
 and provisions by the said will and codicils of the said 
 K. G. D. declared and now subsisting concerning the 
 hereditaments in England and Wales devised by the said 
 will and the third codicil thereto as aforesaid. 
 
 AND THIS INDENTURE ALSO WITNESSETH that in further 
 pursuance of the said agreement and in consideration of . 
 the sum of £ upon the execution of these presents 
 at the request of the said A. H. paid to the said C.5%., 
 the receipt of which sum of £ the said C. 8. hereby 
 acknowledges, The said C. 8. AS MORTGAGEE, at the 
 request of the said A. H., hereby conveys and releases, 
 and the said A. H. AS BENEFICIAL OWNER hereby conveys 
 and confirms Unto the said HE. L. and L. P. 
 
 All the said premises comprised in and demised by 
 the said indenture of the lst day of June, 1651, a parti- 
 cular whereof is intended to be contained in the second 
 schedule hereto, 
 
 To HOLD unto the said E. L. and L. P. for the residue 
 of the said term of one thousand years granted by that 
 indenture, and discharged from all principal money and 
 interest secured to the said C. 8. as aforesaid, Upon the 
 trusts and subject to the powers and provisions by the 
 said will and eodicils of the said E. G. D. declared or 
 directed to be declared, and now subsisting, concerning 
 leasehold hereditaments purchased with money arising 
 by the sale of any of the hereditaments in England and 
 Wales by the said will and third codicil devised as 
 aforesaid. 
 
 (a) As to the use of “fee simple” in these Precedents, and the 
 omission of the word “assigns,” sce p. 255, n., ante. 
 
PRECEDENTS. 263 
 
 [ Add, tf required, an Acknowledgment by A. H. of right 
 to production of documents in the Third Schedule, and to 
 delivery of copies thereof, and Undertaking for safe custody, 
 Form No. 3, ante. | 
 
 In witness &c. 
 
 THe First SCHEDULE ABOVE REFERRED TO. 
 | Description of freeholds. | 
 
 THE SECOND SCHEDULE ABOVE REFERRED TO. 
 | Descreption of leaseholds. | 
 
 [Add if required for documents, Toe THIRD SCHEDULE 
 ABOVE REFERRED TO. | 
 This Precedent implies covenant F by the mortgagee, and covenants 
 
 A and B by the vendor, C. A. s. 7 (1), and see note to Precedents XIa. 
 and XIII. 
 
 See a further PRECEDENT of PurcuasE DEgEpD, No. 
 XXXIL, post. 
 
 PURCHASE 
 DEEDs. 
 
 No. XIV. 
 
MORIGAGES. 
 
 No. XV. 
 
 FREEHOLDS. 
 
 Parties, 
 
 First 
 testatum. 
 Covenant for 
 payment, 
 
 Second 
 testatum. 
 Conveyance 
 
 of freeholds, 
 
 Habendum, 
 
 264 PRECEDENTS. 
 SECT. IL 
 MORTGAGES AND FURTHER CHARGES. 
 
 For a Precepent of a MortaaGe 1n Fes, without 
 special provisions, see C. A., Schedule 4, Form I. 
 
 For a PRECEDENT of a MorRTGAGE IN FEE to secure a 
 consolidated debt, see Preced. XX VI. post. 
 
 MortGaGE IN Fes, with provisions for reduction of 
 rate of interest; continuance of loan; restricting 
 mortgagor’s power of leasing; and authorizing con- 
 solidation. 
 
 THis INDENTURE made the &c., between A. of &c., 
 [mortgagor | of the one part, and B. of &c., and C. of &c., 
 [mortgagees | of the other part: 
 
 WITNESSETH that in consideration of £5000 paid to A. 
 by B. and C. out of money belonging to them on a joint 
 account, of which sum A. hereby acknowledges the receipt, 
 
 A. hereby covenants | here insert covenant to pay principal 
 and interest, Forms No. 4 and 4b]: 
 
 AND THIS INDENTURE ALSO WITNESSETH that for the 
 consideration aforesaid A. AS BENEFICIAL OWNER hereby 
 conveys unto B. and C. 
 
 All that &e. situated &c. and particularised in the 
 schedule hereto. 
 
 To HOLD unto and to the use of B. and C.in fee simple 
 Subject to the proviso for redemption following— 
 
 | Proviso for redemption, Form No. 6; 
 
 Covenant for insurance against fire, if required, Form 
 No. 9; 
 
 Provision for reduction of interest, Form No. 10 or 11; 
 
 For continuing the loan, Form No. 12 ; 
 
 Authorizing consolidation of mortgages, Form No. 13 ; 
 
 And for restricting mortgagor’s power of leasing without 
 the consent of mortgagee, Form No. 15. | 
 
 In witness fe. 
 
PRECEDENTS. 265 
 
 THE SCHEDULE ABOVE REFERRED TO. MORTGAGES. 
 
 [ Description. | No. XV. 
 
 General words and the all estates clause are not required: see C. A., 
 ss. 6, 63; nor are powers to sell, to appoint a receiver, to lease and to 
 give receipts; see C. A. ss, 18-22, 24, and summary of mortgagee’s 
 powers, pp. 54, 55, ante. Covenant (C.) of C. A.s. 7 is implied. 
 
 MortTGAGE OF LEASEHOLDS. NOAA Le 
 LEASEHOLDS, 
 Tus INDENTURE made the day of 18 
 Parties. 
 
 between T. G. of &c. [mortgagor] of the one part Ail 
 J.P. D. of &e. and W. W. of &e. [mortgagees| of the 
 other part: 
 
 Whereas by an indenture of lease dated &c. and Recital of 
 made between M. of the one part and X. Y. of the other '*** 
 part, All that piece of ground situate &c. with the mes- 
 suage and other buildings thereon known as &c. were 
 demised unto the said X. Y. for the term of ninety-nine 
 years from the day of &c. at the yearly rent after 
 the first two years of the said term of £ , payable 
 half-yearly on the days therein mentioned and subject 
 to the covenants and conditions therein contained and on 
 the lessee’s part to be performed and observed : 
 
 And whereas after divers mesne assignments and acts Assicnments. 
 in the law, ultimately under an indenture dated &c., and 
 made between &c., the said premises became and are now 
 vested in the said T. G. for the residue of the term 
 granted by the said lease: 
 
 And whereas the said J. P D.and W. W. have agreed Agreement for 
 to advance, out of money belonging to them on a joint ant hip 
 account, to the said T. G. the sum of £ upon 
 having the repayment thereof with interest as hereinafter 
 mentioned secured in manner hereinafter appearing : 
 
 Now THIS INDENTURE WITNESSETH that in pursuance First 
 of the said agreement and in consideration of the sum of (3tu". 
 £ paid to the said T. G. by the said J. P. D. and pay. 
 
 W. W. (the receipt of which sum of £ the said 
 
MorTGAGES. 
 
 No. XVI. 
 
 Second 
 testatum. 
 Demise. 
 
 Parcels. 
 
 Habendum. 
 
 Third 
 testatum. 
 Appointment of 
 mortgagees 
 
 as attorneys to 
 assign original 
 term. 
 
 No XVII. 
 
 CoPpyYHOLDs, 
 
 Parties. 
 
 First 
 testatum., 
 
 Covenant to 
 
 , pay. 
 
 266 PRECEDENTS. 
 
 T. G. hereby acknowledges) the said T’. G. hereby cove- 
 nants [here insert covenant to pay principal and interest, 
 Forms No. 4 and 4b. | 
 
 AND THIS INDENTURE ALSO WITNESSETH that for the 
 consideration aforesaid the said T. G. AS BENEFICIAL 
 OWNER hereby demises unto the said J. P. D. and W. W. 
 
 All the premises comprised in and demised by the 
 recited lease ; 
 
 To HOLD to the said J. P. D. and W. W. for the residue 
 of the term granted by the said lease, except the last 
 three days thereof, but Subject to the proviso for redemp- 
 tion hereinafter contained. 
 
 | Declaration of trust of the principal term, Form No. 5;]| 
 
 AND THIS INDENTURE ALSO WITNESSETH that for the 
 consideration aforesaid the said T. G. hereby irrevocably 
 nominates [Continue power of attorney, Form No. 5a; 
 
 Proviso for redemption, Form No. 6; 
 
 Covenant to insure, Form No. 9. | 
 
 In witness &ce. 
 
 See Special Condition 27, p. 197, ante, applicable to a sale under a 
 mortgage framed after this precedent. 
 
 Covenants (C) and (D) of C. A. s. 7, are implied. General words 
 are supplied by s. 6. 
 
 Powers to sell and to give receipts are not required, see C. A. ss. 19- 
 22,and summary of mortgagee’s powers, pp. 54, 5d, ante, and see last 
 Preced. for any special provisions required. 
 
 MortGaGE OF COPYHOLDS. 
 
 THis INDENTURE made &c., between A. of &c. [mort- 
 gagor| of the one part, and B. of &e. and C. of &e. 
 [| mortgagees | ot the other part 
 
 WITNESSETH that in consideration of £ paid to 
 A. by B. and C. out of moneys belonging to them on a 
 joint account, the receipt whereof A. hereby acknow- 
 ledges, A. hereby covenants |here insert covenant to pay 
 principal and interest, Forms No. 4 and 4b}. 
 
PRECEDENTS. 267 
 
 AND THIS INDENTURE ALSO WITNESSETH that for the 
 consideration aforesaid A. as BENEFICIAL OWNER hereby 
 covenants with B. and C. that A. and all other necessary 
 parties will forthwith, at the cost of A., surrender into 
 
 the hands of the lord or lady of the manor of in 
 the county of according to the custom of the said 
 manor 
 
 All that &e. situated &c. to which hereditaments the 
 said A. was admitted tenant at a court held of the said 
 manor on the &e. 
 
 To THE USE of B. and C. and their heirs according 
 to the custom of the said manor at and under the accus- 
 tomed rents, suits, and services, Subject nevertheless 
 [continue Form No. 7, for making void the surrender, 
 followed by the charge and declaration of trust by A. until 
 surrender |. 
 
 In witness &c. 
 
 THE SCHEDULE ABOVE REFERRED TO. 
 | Description. | 
 
 See note to mortgage of freeholds, Precedent XV., ante, and see that 
 Precedent for any special provisions required. 
 
 The word “ heirs” is still necessary in a surrender of copyholds, see 
 third note to C. A. s, 51. 
 
 MortGaGe OF FREEHOLDS, LEASEHOLDS, AND Copy- 
 HOLDS. 
 
 Tuis INDENTURE made the &e., between A. of &e. 
 [mortgagor | of the one part, and B. of &c. and C. of &e. 
 | mortgagees| of the other part. 
 
 Wuereas A. is seised in fee simple of the freehold 
 “hereditaments hereinafter conveyed, and is seised foi an 
 estate of inheritance according to the custom of the 
 manor of in the county of of the copyhold 
 hereditaments hereinafter covenanted to be surrendered, 
 and as to all the said premises free from incumbrances : 
 
 And whereas by an indenture of lease dated &c. and 
 made between X. of the one part and the said A. of the 
 
 MORTGAGES. 
 
 om. @'8 FE 
 
 Second 
 testatum., 
 Covenant 
 
 to surrender 
 copyholds. 
 
 No. 
 XVIII. 
 
 FREEHOLDS, 
 
 LEASEHOLDS, 
 
 AND COPY- 
 HOLDS. 
 
 Recitals. 
 Seisin of free- 
 holds and 
 copyholds. 
 
 Lease. 
 
MORTGAGES, 
 No. X VILLI. 
 
 Agreement for 
 loan. 
 
 First 
 testatum. 
 Covenant for 
 payment. 
 
 Second 
 testatum. 
 Conveyance of 
 freeholds. 
 
 Second 
 
 testatum. 
 Demise of 
 leasehold. 
 
 Third 
 testatum. 
 Power of 
 attorney for 
 assigning 
 principal 
 term. 
 Proviso for 
 redemption. 
 
 Fourth 
 testatum. 
 Covenant to 
 surrender 
 
 copyholds. 
 
 Schedule of 
 leases. 
 
 268 
 
 other part All that piece of land situated &c. and the | 
 messuages thereon were demised to the said A. for the 
 term of years from the day of &c. at the 
 rent and subject to the covenants and conditions therein 
 contained and on the lessee’s part to be performed and 
 observed (a). 
 
 And whereas B. and C. have agreed to advance to A. 
 the sum of £ out of money belonging to them on a 
 joint account upon having the repayment thereof with 
 interest as hereinafter mentioned secured in manner 
 hereinafter appearing. 
 
 Now tuts INDENTURE WITNESSETH that in pursuance of 
 the said agreement and in [continue as in the first witness- 
 ing part of Precedent XV., (Mortgage of Freeholds). | 
 
 AND THIS INDENTURE ALSO WITNESSETH that | continue 
 as in the second witnessing part of the same precedent down 
 to B. and C. in fee simple] subject to the proviso for 
 redemption hereinafter contained. 
 
 AND THIS INDENTURE ALSO WITNESSETH that [continue 
 and adapt the second witnessing part of Precedent XVI, 
 (Mortgage of Leaseholds), with the mortgagor's declaration 
 of trust of the principal term. | 
 
 AND THIS INDENTURE ALSO WITNESSETH that [continue 
 and adapt Power of Attorney as in the last mentioned 
 Precedent, if required. | 
 
 [Proviso for redemption, Form No. 6, saying conveyed 
 and demised respectively, instead of conveyed, And re- 
 conveyed and surrendered respectively ¢nstead of recon- 
 veyed. | 
 
 AND THIS INDENTURE ALSO WITNESSETH that [continue 
 as in second witnessing part of Mortgage. of Copyholds, 
 Precedent XVII, with proviso for redemption of copyholds, 
 
 PRECEDENTS. 
 
 (a) Where there are numerous leases a short recital of the mort- 
 gagor’s title may be made by reference to a schedule, the first column 
 of which should contain short descriptions of the property ; the second 
 column the dates and parties to the leases ; the third and fourth columns 
 the terms created and the rents reserved, and the fifth column the last 
 assignments to the mortgagor. 
 
PRECEDENTS. 269 
 
 followed by the charge and declaration of trust by A. until 
 surrender, Form No. 7; covenant to insure, Form No. 9.| 
 In witness &e. . 
 
 | Add schedules of pareels. | 
 
 See notes to Mortgages of Freeholds and Leaseholds, Precedents XV. 
 and XVI., and see Precedent XV. for any special provisions required. 
 
 MortcaGeE OF A LiFe INTEREST AND POLICIES. 
 
 Tuis INDENTURE made the day of between 
 W. Hz. of &c. | mortgagor], of the one part, and A. of &c., 
 B. of &e., C. of &c., and D. of &c., the estate trustees of 
 the Z. Life Assurance Society, a memorial of whose 
 names has been duly inrolled in the Central Office of the 
 Supreme Court of Judicature pursuant to the Z. Assur- 
 ance Society’s Act, 18 (a), and which four persons are 
 hereinafter called the estate trustees, and which four 
 persons or other the estate trustees or trustee for the 
 time being of the said society are hereinafter called the 
 estate trustees or trustee | mortgagees|, of the other part: 
 
 Whereas under the will dated &c., and proved in the 
 Principal Probate Registry on &c., of the late W. H., 
 the father of the said W. H., party hereto, who died 
 on &c., and of which will G. and J. are the present 
 surviving trustees, and under an indenture dated &c., 
 and made between &ec., being a conveyance to the uses of 
 the said will, the messuages, lands, and hereditaments, 
 forming the C. estate in the county of G., hereinafter 
 mentioned and demised, stand limited subject to the 
 incumbrances mentioned in the second schedule hereto, 
 to the use of the said W. H., party hereto (hereinafter 
 _ called simply W. H.), during his life without impeach- 
 ment of waste, with remainders over : 
 
 And whereas under an indenture of settlement dated 
 &c., and made between &c., the said W. H. is now entitled 
 
 (a) See Guardian Assurance Company’s Act, 1850, Legal and 
 General Act, 1878, &c. 
 
 MorT GAGES 
 
 No. XVIII. 
 
 —— oe 
 
 No. XTX. 
 LIFE INTEREST 
 AND POLICIES. 
 
 Parties. 
 
 Recital that 
 mortgagor is 
 tenant for life 
 of. the C. 
 estate. 
 
 And of the 
 investments of 
 settled money. 
 
MORTGAGES, 
 
 NOa Ae 
 
 And entitled 
 to policies on 
 his life, 
 
 270 PRECEDENTS. 
 
 to receive during his life the annual income of the 
 investments now held on the trusts of the said settlement, 
 or of the varied investments for the time being repre- 
 senting the investments so now held, which investments 
 so now held are standing in the joint names of M. and N. 
 as the present trustees of the said settlement, and are 
 described in the third schedule hereto: 
 
 And whereas the said W. H. is entitled to the two 
 policies of assurance effected in his own name and on his 
 own life hereinafter mentioned and assigned (b) : 
 
 (b) If the policies are numerous this recital may run thus— 
 
 And whereas the said W. H. is entitled to the [sé«] 
 several policies of assurance effected in his own name 
 and on his own life, the particulars whereof are contained. 
 in the 4th schedule hereto. 
 
 In the witnessing part assigning the policies the description will be— 
 
 All those [st#| policies of assurance on the life of the 
 said W. H. mentioned in the 4th schedule hereto, and all 
 money to become payable thereunder. 
 
 The form of the schedule will be— 
 
 FourtH SCHEDULE ABOVE REFERRED TO. 
 
 1 2 3 4 5 6 
 Sum 
 fs A Number 
 F Offi hich 3 A d A I 
 = Date of Policy. sie Poll < eetusie Rrantaie’ 
 y- | of Bonus. 
 | £ . £) Sa Os 
 
 1 10th May, 1870 Z. Society 1001 4000 80 0 0 
 
 2 Ist June, 1871 | Y.Company; 10,400 | 5000 | 104 2 6 
 &e. &e. &e. Xe. &e. &e. 
 
 If it is necessary in the body of the draft to refer to any particular 
 policy as being subject to a charge or otherwise, it may be referred 
 to as— 
 
 The policy N° 1 in the first column of the fourth 
 schedule hereto. 
 
PRECEDENTS. Ze 
 
 And whereas the estate trustees have agreed to advance 
 to the said W. H. the sum of £ upon having the 
 payment thereof with interest as hereinafter mentioned 
 secured as hereinafter appearing : 
 
 Now ruis INDENTURE WITNESSETH that in pursuance 
 of the said agreement, and in consideration of the sum of 
 £ paid to the said W. H. by the estate trustees 
 out of money belonging to them as such trustees (the 
 receipt of which sum of £ the said W. H. hereby 
 acknowledges), the said W. H. hereby covenants with 
 the estate trustees that he will on the day of 
 
 next pay to the estate trustees or trustee [adapt 
 Forms No. 4 and 4b, for payment to “the estate trustees or 
 trustee” of principal and interest]. 
 _ AND THIS INDENTURE ALSO WITNESSETH that in further 
 pursuance of the said agreement and for the considera- 
 tion aforesaid, the said W. H. AS BENEFICIAL OWNER 
 hereby grants, and demises unto the estate trustees 
 
 All that mansion-house called C., with the lands 
 thereto belonging, and all the manors, messuages, lands, 
 tithes, rents, and hereditaments, in the parishes of N. 
 and B. in the county of G., containing together 
 acres or thereabouts, the particulars whereof are contained 
 in the Ist schedule hereto, And all other (if any) the 
 lands and hereditaments now subject to the. limitations 
 of the will of the said W..H., deceased ; 
 
 - To HOLD unto the estate trustees for the term of ninety- 
 nine years from the date of these presents if the said 
 W. H. should so long live without impeachment of waste, 
 Subject to the several incumbrances mentioned in the 
 2nd schedule hereto, and Subject also to the proviso for 
 redemption hereinafter contained. 
 
 _ AND THIS INDENTURE ALSO WITNESSETH that for the 
 consideration aforesaid the said W. H. As BENEFICIAL 
 OWNER hereby assigns unto the estate trustees 
 
 First All the annual income to arise during the life of 
 the said W. H. from the investments mentioned in the 3rd 
 schedule hereto, or from the varied investments for the 
 time being representing the same, and all other (if any) 
 
 MORTGAGES. 
 
 No. XIX. 
 
 Agreement for 
 loan. 
 
 First 
 testatum. 
 
 Covenant for 
 payment. 
 
 Second 
 testatum. 
 Demises of 
 life estate. 
 
 Habendum. 
 
 Third 
 testatum. 
 Assignment of 
 life interest in 
 investments, 
 
MORTGAGES. 
 
 No. XIX. , 
 
 and of policies. 
 
 Habendum. 
 
 Right of 
 assignee to sue 
 on policy of 
 life assurance, 
 
 272 PRECEDENTS. 
 
 the annual income to which he is now or may become 
 entitled under the said settlement ; 
 
 Secondly, All those two policies of assurance on the 
 life of the said W. H., the first for the sum of £ 
 effected with the Z. Life Assurance Society dated &c., 
 numbered &c., and at the annual premium of £ ? 
 and the second for the sum of £ effected with the 
 X. Life Office dated &c., numbered &e., and at the annual 
 premium of £ , and the said sums of £ and 
 £ assured by and all other money to become pay- 
 able under the said policies, and the full benefit of the 
 said policies, 
 
 TO HAVE AND RECEIVE the same unto the estate trus- 
 tees subject to the proviso for redemption hereinafter 
 contained, 
 
 [Proviso for redemption on payment “to the estate trus- 
 tees or trustee” of principal and interest, Form No. 6 ; 
 
 Covenant to keep up life policies, Form No. 8 ; 
 
 Provision for reduction of interest, Form No. 10; 
 
 Agreement that money shall remain for a time certain, 
 Form No. 12.] 
 
 In witness Xe. 
 
 Tue First SCHEDULE ABOVE REFERRED TO. 
 
 | Description of hereditaments of which mortgagor is 
 tenant for life. | 
 
 THE SECOND SCHEDULE ABOVE REFERRED TO. 
 [ Incumbrances: see Preced. XXVI., 2nd schedule, post. | 
 
 THe THirD SCHEDULE ABOVE REFERRED TO. 
 
 [ Investments to which mortgagor ws entitled for life. | 
 
 Trust for application of policy money and other money and power 
 to give receipts are not required, see C. A. s. 22, nor power of sale, see 
 C. A. ss. 19-21. 
 
 Notice of this mortgage should be given to the assurance offices, 
 and to the settlement trustees. 
 
 The Policies of Assurance Act, 1867 (80 & 31 Vict. c. 144), gives to 
 the assignee of a policy of life assurance right to sue upon it in his own 
 name (s. 1), provided that a written notice of the date and purport of 
 
PRECEDENTS. oe 
 
 the assignment shall have been given to the company liable under the 
 policy at their principal place of business (s. 2). 
 
 By the Judicature Act of 1873 (36 & 37 Vict. c. 66), s. 25 (6), an 
 absolute assignment by writing (not purporting to be by way of charge 
 only) of any debt or other legal chose in action of which express notice 
 in writing shall have been given to the debtor, trustee, or other person, 
 from whom the assignor would have been entitled to receive or claim 
 such debt or chose in action, is deemed effectual at law (subject to all 
 equities which would have been entitled to priority over the right of 
 the assignee if that Act had not passed), to pass and transfer the legal 
 rizht to such debt or chose in action from the date of such notice, and 
 all legal and other remedies for the same, and the power to give a good 
 discharge for the same, without the concurrence of the assignor. 
 
 The last mentioned section does not apply to an assignment, by way 
 of sub-mortgage, of a mortgage debt and securities: National Pro- 
 vincial B. of HE. v. Harle, 6 Q. B. D. 626, 
 
 The C, A. s. 27 enables the statutory transferee of the debt and 
 interest secured by a statutory mortgage to sue and give receipts for 
 them, although they are not expressly assigned. 
 
 For a PRECEDENT of a FURTHER CHARGE by SUPPLE- 
 MENTAL DEED on FREEHOLDS, see C. A. 4th Schedule, 
 Form II. 
 
 .Furtuer CHARGE by SupPLEMENTAL DEED on Life Inte- 
 rest and Policy comprised in last Precedent XIX., 
 and ASSIGNMENT of FURTHER POLICY as security. 
 
 Tris INDENTURE made the day of between 
 W. H. of &c. [mortgagor] of the one part, and A. of &c., 
 B. of &e., C. of &e., and D. of &c., the estate trustees Xc., 
 [the same description as in the last precedent | [mortgagees | 
 of the other part : 
 
 Whereas these presents are supplemental to an inden- 
 ture of mortgage for securing £ and interest dated 
 &c., and made between the same parties as these presents, 
 and hereinafter called the principal indenture: 
 
 And whereas the said sum of £ secured by the 
 principal indenture with the current half-year’s interest 
 thereon is still due: 
 
 And whereas the said W. H. has effected the further 
 
 T 
 
 MORTGAGES. 
 
 No. XIX. 
 
 As to debts 
 and choses in 
 action gener- 
 ally. 
 
 Sub-mortgage, 
 
 Mortgage debt 
 on statutory 
 transfer. 
 
 INCE 
 
 FURTHER 
 CHARGE. 
 
 Parties. 
 
 Recitals. 
 That deed is 
 supplemental. 
 
 That debt and 
 interest due. 
 
 Another insur- 
 anee, 
 
MORTGAGES. 
 
 No. XX. 
 
 Agreement for 
 further 
 advance, 
 
 First 
 testatum. 
 
 Covenant for 
 payment. 
 
 And further 
 charge. 
 
 Second 
 testatum. 
 Assignment of 
 new policy. 
 
 Habendum. 
 
 274 PRECEDENTS. 
 
 policy of assurance on his life hereinafter mentioned and 
 assigned : 
 
 And whereas the estate trustees have agreed to ad- 
 vance out of money belonging to them as such trustees 
 to the said W. H. the further sum of £ upon 
 having the repayment thereof with interest as herein- 
 after mentioned secured, and also upon having the said 
 sum of £ and the interest thereon due under the 
 principal indenture further secured, as hereinafter ap- 
 pearing : 
 
 Now tuts INDENTURE WITNESSETH that in pursuance of 
 the said agreement and in consideration of the sum of 
 fy to the said W. H. paid by the estate trustees 
 out of money belonging to them as such trustees, the 
 
 receipt of which sum of £ the said W. H. hereby 
 
 acknowledges, the said W. H. hereby covenants with the. 
 estate trustees [covenant to pay the further sum on neat 
 half-yearly day and interest half-yearly, as in last Pre- 
 cedent|. AND FURTHER that the hereditaments, annual 
 income, policies, and moneys, demised and assigned re- 
 spectively by the principal indenture shall stand charged 
 with and shall not be redeemed except upon payment of 
 the said sum of £ and the interest thereon herein- 
 before covenanted to be paid, as well as the said sum of | 
 £ and the interest thereon secured by the principal 
 indenture. 
 
 AnD THIS INDENTURE ALSO WITNESSETH that for the 
 consideration aforesaid the said W. H. AS BENEFICIAL 
 OWNER hereby assigns unto the estate trustees 
 
 All that policy for the sum of £ effected in the 
 name and on the life of the said W. H. with the W. Life 
 Assurance Company dated &c., numbered , and at 
 the annual premium of £ , and the said sum of 
 £ and all other money to become payable there- 
 under, and the full benefit thereof : | 
 
 To HAVE AND RECEIVE the same unto the estate 
 trustees Subject to the like right of redemption by the 
 said W. H. as immediately after the execution of these 
 presents and under the principal indenture, and these 
 
PRECEDENTS. 275 
 
 presents will be subsisting with respect to the said here- 
 ditaments, annual income, policies, and moneys demised 
 and assigned respectively by the principal indenture. 
 
 AnD the said W. H. hereby covenants with the 
 estate trustees that all the covenants and provisions con- 
 tained in the principal indenture shall apply and have 
 effect with respect to the policy hereby assigned, and 
 also for securing the payment of the principal money 
 and interest hereby covenanted to be paid in the same 
 manner as if the whole principal money secured by the 
 principal indenture and these presents, making together 
 the sum of £ and the interest thereon, had been 
 originally secured by the principal indenture, and as if 
 the said policy hereby assigned had been thereby assigned 
 for securing the payment of the said aggregate sum of 
 £ and the interest thereon, and as if the said 
 ageregate sum and all the said policies had been actually 
 mentioned and included in the covenants and provisions 
 contained in the principal indenture. 
 
 AND IT IS HEREBY AGREED that the provision for reduc- 
 tion of the rate of interest from £ per cent. to £ 
 per cent. contained in the principal indenture, and also 
 the provision contained therein restricting the right of 
 calling in or paying off the principal money shall apply 
 to and include the principal money and interest hereby 
 secured in like manner as if the said aggregate principal 
 sum of £ had been originally secured by the prin- 
 cipal indenture, and the covenants and provisions of that 
 indenture had applied to the policy hereby assigned in 
 the manner in which the same are so applied by the 
 covenant of the said W. H. hereinbefore contained. 
 
 In witness &e. 
 
 T 2 
 
 MORTGAGES. 
 
 No. XX. 
 
 Covenants in 
 principal deed 
 
 to apply. 
 
 Provisions for 
 reduction of 
 interest and 
 term of loan to 
 apply. 
 
TRANSFERS OF 
 MORTGAGES. 
 
 No. X XI. 
 
 Parties. 
 
 Recitals of the 
 death of 
 mortgagees, 
 and that D. 
 executor of 
 survivor. 
 That principal 
 and current 
 interest due. 
 
 Agreement for 
 transfer. 
 
 First testatum. 
 Assignment of 
 debts. 
 
 276 PRECEDENTS. 
 
 SECT. III. 
 TRANSFERS OF MORTGAGES. 
 
 TRANSFER BY SUPPLEMENTAL DEED or MorRTGAGE IN 
 FEE AND FuRTHER CHARGE, adapted to C. A. sch. 4, 
 Forms I. and II., mortgagor not concurring. 
 
 Tis INDENTURE made the day of between 
 D. of &e. [transferor| of the one part, and K. of &e. 
 [transferee| of the other part, and supplemental to an 
 indenture of mortgage dated &c., and made between A. 
 of the one part and B. and C. of the other part, for 
 securing to the said B. and C. the sum of £ and 
 interest at per cent. per annum on hereditaments 
 situated at &c., and supplemental also to an indenture 
 of further charge dated &c., and made between the same 
 parties and in the same order for securing to the said 
 B. and C. the further sum of £ and interest at the 
 rate aforesaid on the same hereditaments : 
 
 Whereas the said B. died on &c. 1882, and the said C. 
 died on &c. 1883, having by his will dated &c., appoimted 
 the said D. his executor, who proved the said will in the 
 Principal Probate Registry on &e. : 
 
 And whereas the said principal sums of £ and 
 & are due to the said D. on the hereinbefore men- 
 tioned securities with interest thereon from the 
 day of last : 
 
 And whereas the said H. has agreed to pay to the said 
 D. the said sums of £ and £ , and also the 
 
 sum of £ for the interest thereon from the said 
 day of last, making together the total sum 
 of £ upon having such transfer as is hereinafter 
 
 expressed of the said principal sums of £ and 
 Es and interest, and the securities for the same: 
 Now THIS INDENTURE WITNESSETH that in pursuance 
 of the said agreement and in consideration of the said 
 sum of £ [the total swm| upon the execution of 
 
 these presents paid to the said D. by the said E., the 
 
PRECEDENTS. Zi 
 
 receipt whereof the said D. hereby acknowledges, the 
 said D. AS THE PERSONAL REPRESENTATIVE of the said C. 
 deceased hereby assigns unto the said EH. 
 
 All those the said principal sums of £ and £ 
 owing on the aforesaid securities, and all interest due 
 and to become due thereon respectively, and the full 
 benefit of and right to exercise and enforce all powers 
 and securities for compelling payment of the said sums 
 and interest, 
 
 TO HAVE AND RECEIVE the same unto the said E. abso- 
 lutely. 
 
 AND THIS INDENTURE ALSO WITNESSETH that for the 
 consideration aforesaid the said D. AS SUCH PERSONAL 
 REPRESENTATIVE AS AFORESAID hereby conveys (a) unto 
 the said E. 
 
 All the hereditaments comprised in and conveyed by 
 the said indenture of mortgage and now vested in the 
 said D. subject to redemption thereunder and under the 
 said indenture of further charge, 
 
 ‘fo HOLD unto and to the use of the said E. in fee simple 
 Subject to such right of redemption as is now subsisting 
 therein under the said indentures of mortgage and 
 further charge. In witness &e. 
 
 TRANSFER by SUPPLEMENTAL DEED of a MorTGAGE IN 
 Fre by the executor of the survivor of deceased 
 mortgagees, mortgagor concurring and receiving a 
 further advance. 
 
 Tuts INDENTURE, made the &c., Between X. of &c. 
 [transferor], of the first part, A. of &c. [mortgagor], of the 
 second part, and M. of &c. [transferee], of the third part, 
 and supplemental to an indenture of mortgage, herein- 
 after called the principal indenture, dated &c., and made 
 between the said A. of the one part and B. and C. of the 
 
 (a) The mortgaged land is vested in the executor of the last 
 surviving mortgagee under C. A. s. 30. 
 
 TRANSFERS OF 
 MORTGAGES. 
 
 No. X XI. 
 
 ny 
 
 Habendum. 
 
 Second 
 testatum. 
 
 Conveyance of 
 hereditaments. 
 
 No. XXII. 
 
 en 
 
 Parties. 
 
TRANSFER OF 
 MORTGAGES. 
 
 No. XXII. 
 
 Recitals. 
 Death of the 
 mortgagees. 
 
 Debt still 
 owing. 
 
 Agreement for 
 transfer and 
 further 
 advance. 
 
 First 
 testatum. 
 Assignment of 
 original debt. 
 
 Second 
 testatum. 
 Covenant. to 
 pay principal 
 and interest. 
 
 278 PRECEDENTS. 
 
 other part, for securing to the said B. and C. £5000 and 
 interest | Precedent XV., ante]. 
 
 Whereas the said B. He on &c. 1882, and the said C. 
 died on &c. 1885, having by his will dated &c., appointed 
 the said X. sole executor thereof, who proved the same 
 on the &c., in the Principal Probate Registry : 
 
 And whereas the said sum of £5000 is still due to the 
 said X. as such executor as aforesaid, but all interest 
 thereon has been paid up to the date of these presents as 
 he hereby acknowledges : 
 
 And whereas M. has agreed at the request of A. to pay 
 to X. the sum of £5000, and to advance to A. the further 
 suin of £1000 upon having the payment of the aggregate 
 sum of £6000 with interest secured in manner hereinafter 
 appearing : 
 
 Now THIS INDENTURE WITNESSETH that in pursuance 
 of the said agreement and in consideration of the sum of 
 £5000 paid by M. to X. as such executor as aforesaid by 
 the direction of A. (the receipt whereof X. hereby 
 acknowledges), X. AS THE PERSONAL REPRESENTATIVE 
 of the said C. deceased, and by the direction of A.,; 
 hereby assigns (a) unto M. the sum of £5000 secured by » 
 the principal indenture, and all interest henceforth to 
 become due thereon, and the benefit of all securities for 
 the same, T’o hold to M. absolutely : 
 
 AND THIS INDENTURE ALSO WITNESSETH that in con- 
 sideration of £5U00 paid by the said M. in manner afore- 
 said, and of the further sum of £1000 paid to A. by M. 
 (the receipt of which sum of £1000 and the payment to 
 X. in manner aforesaid of which sum of £5000 A. hereby 
 acknowledges), A, hereby covenants with M. [covenant to 
 
 | pay £6000 and interest at 5 per cent., Forms No. 4 and 4b.| 
 
 Third 
 testatum. 
 Conveyance. 
 
 AND THIS INDENTURE ALSO WITNESSETH that for the 
 consideration aforesaid X, AS SUCH PERSONAL REPRESEN- 
 
 (a) The original debt is assigned in order to retain its priority. The 
 mortgagee is bound to assign the debt and transfer the estate by the 
 direction of the mortgagor, C. A. s. 15, but subject to the right of an 
 jaucumbrancer requiring assignment and transfer; C, A, 1882, s. 12. 
 
PRECEDENTS. 279 
 
 TATIVE as aforesaid, by the direction of A. hereby conveys 
 and releases (b), And A. as BENEFICIAL OWNER hereby 
 conveys and confirms unto M. 
 
 All the hereditaments comprised in and conveyed by 
 the principal indenture, and now vested in X. subject 
 to redemption thereunder, 
 
 To HOLD unto and to the use of M. in fee simple, 
 Subject to the proviso for redemption following, [proviso 
 for redemption, Form No. 6 ; 
 
 Provision for reduction of interest on the aggregate sum, 
 Form No. 10 or 11; 
 
 For continuing loan, Form No. 12; 
 
 Authorizing consolidation, Form No. 13; 
 
 For restricting mortgagor's power of leasing, Form 
 No. 15.] 
 
 In witness &e. 
 
 TRANSFER OF A MORTGAGE (LONG TERM). 
 
 Tuis INDENTURE (c) made the day of 188 
 between W. HE. 8. of &c. [transferor] of the first part, 
 S. E. F. [mortgagor] of the second part, and G. P. C. 
 [transferee] of the third part : 
 
 (b) See note (a) to last Precedent. 
 
 (c) This and the next three Precedents are part of the same trans- 
 action, and are given as an illustration of how the several charges on 
 an incumbered estate may be consolidated in one mortgagee, a further 
 advance being made. 
 
 It is most convenient to take a separate transfer from each incum- 
 brancer. There is then only a short deed for each to approve instead 
 of one long deed going round to all for approval. 
 
 In the transfers in this and the next Precedent it will be observed 
 that full recitals of the intermediate transfers are not given. It is 
 sufficient that the original mortgage is recited, and the dates, parties 
 and result of the transfers given. ‘The transferor only transfers what 
 he has under them. 
 
 Soin the principal mortgage (Precedent XXVL., post) it is unnecessary 
 to do more than give a list of the incumbrances in the schedule A 
 glance at the schedule shews at once the state of the title. If all the 
 incumbrances and their transfers are recited according to the old 
 fashion it takes time to read and ascertain what they are. In reading 
 some old long deed with a mass of accurate and neatly drawn recitals 
 
 TRANSFERS OF 
 . MORTGAGES. 
 
 Nogeex it, 
 
 ——— 
 
 No. 
 XXIII. 
 
 Parties. 
 
 Convenience of 
 putting 
 incumbrances 
 in schedule. 
 
TRANSFERS OF 
 MORTGAGES. 
 
 0. 
 X XI. 
 
 Recital of 
 mortgage, 
 
 280 PRECEDENTS. 
 
 Whereas by an indenture dated the 8th day of April, 
 1873, and made between &c., after recitals whereby it 
 appeared that under an indenture dated &c. 1825, a term 
 of one thousand years, without impeachment of waste, in 
 the hereditaments in the county of 8S. thereby settled 
 was vested in the said R. and B. upon trusts for raising 
 the sum of £8000 for R. A. S. deceased, and that the 
 said sum was then payable to her children, parties of 
 the first part to the indenture now in recital, and that 
 the said 8. E. F. was entitled to the inheritance of the 
 hereditaments comprised in the said term, and had paid 
 the sum of £2000 in part discharge of the said sum of 
 £8000, leaving a balance of £6000 unpaid in respect 
 thereof, It was witnessed that in consideration of £6000 
 paid by the said W. E. 8. to the parties of the first part 
 to the indenture now in recital in equal shares, they 
 assigned the said sum of £6000 remaining charged on 
 the said settled hereditaments and the interest to become 
 due for the same unto the said W. E. 8.: And it was 
 also witnessed that the said R. and B. assigned all the 
 hereditaments comprised in the said indenture dated 
 
 ’ &e. 1825 unto the said W. E.S. for the residue of the 
 
 Sum due. 
 
 Title to 
 equity of 
 redemption. 
 
 said term of one thousand years by way of mortgage 
 for securing payment to him of the said sum of £6000 
 and interest thereon at the rate of 4 per cent. per 
 annum ; 
 
 And whereas the said sum of £6000 now remains owing 
 to the said W. E. S. on the aforesaid security, but all 
 interest thereon has been paid as he hereby acknow- 
 ledges: 
 
 And whereas the said 8. E. F. is now absolutely en- 
 
 as to the incumbrances on a property like that dealt with by this and 
 the three following Precedents, one is inclined to wonder that the 
 learned conveyancer should have expended so much time and skill in 
 constructing a labyrinth for the apparent purpose only of making other 
 practitioners expend more time and skill in finding their way into it. 
 The schedule to the principal mortgage in the text (Precedent XXVL., 
 post) is much easier to draw and to understand when drawn than, the 
 old-fashioned recitals. 
 
PRECEDENTS. 281 
 
 titled in possession to or has a general power of appoint- 
 ment over the fee simple in possession of the premises 
 comprised in the hereinbefore recited indenture, subject 
 to the security thereby made and to several other incum- 
 brances, And at his request the said G. P. C. has agreed 
 to pay to the said W. E. 8. the sum of £6000 upon 
 having such transfer as is hereinafter contained of the 
 said mortgage debt of £6000 and the interest to become 
 due thereon and the securities for the same : 
 
 Now THis INDENTURE WITNESSETH that in pursuance 
 of the said agreement and in consideration of the sum of 
 
 £6000 paid to the said W. E. 8. by the said G. P. C. at 
 
 TRANSFERS OF 
 MORTGAGES. 
 
 0. 
 XXITT. 
 
 Agreement for 
 transfer, 
 
 First 
 testatum. 
 
 Assignment of 
 debt. 
 
 the request of the said 8. EH. F. (the receipt of which . 
 
 sum of £6000 the said W. E. 8. hereby acknowledges) 
 the said W. E. S. AS MORTGAGEE hereby assigns unto 
 the said G. P. C. 
 
 All that the principal sum of £6000 now owing on the 
 security aforesaid, and the interest to become due for the 
 same, and the full benefit of and the right to exercise 
 and enforce all powers and securities for compelling 
 payment of the said sum and interest, 
 
 TO HAVE AND RECEIVE the same unto the said G. P.C. 
 absolutely. 
 
 AND THIS INDENTURE ALSO WITNESSETH that for the 
 consideration aforesaid the said W. KE. S. AS MORTGAGEE, 
 at the request (d) of the said. HE. F., hereby conveys and 
 the said S. E. F. confirms unto the said G. P. C. 
 
 All the hereditaments comprised in and assigned by 
 the recited indenture and now vested in the said W. E.S. 
 subject to redemption thereunder, 
 
 To HOLD to the said G. P. C. for the rath’ fe of the 
 said term of one thousand years, Subject to the right 
 of redemption subsisting therein under the recited in- 
 denture on payment of the said sum of £6000 and the 
 interest thereon. In witness &e. 
 
 (d) It is not requisite in this transfer to imply any covenant on the 
 partof 8. E. Ff. His covenant is contained in the principal mortgage, 
 Preced. XXVI., post. 
 
 Habendum. 
 
 Second 
 testatum. 
 Assignment of 
 term by the 
 direction of 
 beneficial 
 owner. 
 Parcels, 
 
 Habendum. 
 
TRANSFERS OF 
 MORTGAGES, 
 
 No. 
 0.4 iF 
 
 Parties. 
 
 Recital of 
 mortgage. 
 
 Intermediate 
 transfers. 
 
 Sum due. 
 
 Title to equity 
 of redemption. 
 
 282 PRECEDENTS. c 
 
 TRANSFER OF A MORTGAGE (LONG TERM). 
 
 THis INDENTURE made the day of 188 , 
 between T. F. of &c., and J. B. of &c. [transferors| of 
 the first part, 8. E. F. of &e. [mortgagor] of the second 
 part, and G. P. C. of &e. [transferee| of the third part : 
 
 Whereas by an indenture dated the 5th day of April, 
 1825, and made between &c., after recitals whereby it 
 appeared that under an indenture of settlement dated 
 &e., the said R. S. had power to make the appointment 
 and charge thereinafter contained on the hereditaments 
 thereby settled, It was witnessed that in consideration 
 of £10,000 paid by the said W. M. for the purpose in 
 the indenture now in recital mentioned, the said R. S. 
 charged all the hereditaments comprised in the said 
 settlement with the payment to the said W. M. of the 
 sum of £10,000 and interest thereon at 4 per cent. per 
 annum, And by the indenture now in recital the said 
 R. 8. appointed all the hereditaments comprised in the 
 said settlement to the said W. M. for the term of five 
 hundred years, without impeachment of waste, by way 
 
 of mortgage for securing payment of the said sum of 
 
 £10,000 and the interest thereon : 
 
 And whereas under six indentures, the first dated the 
 5th day of April, 1826, and made &c., the second dated 
 &e. [here follow dates and parties to sia successive deeds of 
 transfer |, being successive transfers of mortgage, the said 
 mortgage debt of £10,000 secured by the said indenture 
 of the 5th day of April, 1825, and the said term of five 
 hundred years forming the security for the same, became 
 vested in the said T. F'. and J. B.: 
 
 And whereas the said sum of £10,000 now remains 
 owing as to £5000 part thereof to the said T. F., and as 
 to £5000 residue thereof to the said J. B. on the security 
 of the aforesaid indentures of mortgage and transfer of 
 mortgage, but all interest thereon has been paid, as they 
 hereby acknowledge: 
 
 And whereas the said 8. E. F. is now absolutely 
 entitled in possession to or has a general power of 
 
PRECEDENTS. 283 
 
 appointment over the fee simple and inheritance of the 
 hereditaments comprised in the said term of five hundred 
 years, subject to the security for the said sum of £10,000 
 and the interest thereon, and several other incumbrances. 
 | Here follow agreement for transfer and transfer of the 
 debt and term in the same form as in the last Precedent. | 
 In witness &e. 
 
 TRANSFER OF MorTGAGE IN FER. 
 
 THis INDENTURE made the day of 188 
 between W. F. of &c. and B. H. of &c. [transferors| 
 of the first part, 8. E. F. of &c. [mortgagor | of the second 
 part, and G. P. C. of &ec. [transferee| of the third part. 
 
 Whereas by an indenture dated the 12th day of No- 
 vember, 1868, and made between the said S. E. F. of the 
 one part, and R. S. T. and the said W. F. of the other 
 part, in consideration of the sum of £9000 paid to the said 
 S. E. F. by the said R. 8. T. and W. F., the manor of C. 
 in the county of 8. and divers other lands and heredita- 
 ments in the same county, known as the C. Estates, were 
 by the said 8. E. F. appointed and assured to the use of 
 the said R. 8. T. and W. F. in fee simple, subject to the 
 several incumbrances in the indenture now in recital 
 mentioned and by way of mortgage for securing payment 
 to them of the sum of £9000 and interest thereon on 
 the day therein mentioned and since passed, and it was 
 by the indenture now in recital declared that the said 
 sum of £9000 belonged to the said R. 8. T. and W. F. on 
 a joint account : 
 
 And whereas the said R. 8. 'T. died in the year 1877: 
 
 And whereas by an indenture dated the 5rd day of 
 May, 1878 (indorsed on the last recited indenture) and 
 made between the said W. F. of the first part, the said 
 B. H. of the second part, and the said W. F. and B. H. of 
 the third part, after reciting that the said W. F. and 
 B. H. were then jointly entitled in equity to the said 
 sum of £9000 secured by the recited indenture, and the 
 interest due and to become due thereon, It was witnessed 
 
 TRANSFERS OF 
 MORTGAGES. 
 
 XXIV. 
 
 No. 
 XXYV. 
 
 Parties. 
 
 Recital of 
 mortgage. 
 
 Transfer. 
 
284 PRECEDENTS. 
 
 Transrers or that in consideration of the premises the said W. F. 
 an assigned the said principal sum of £9000 and the in- 
 XXy, _ terest due and to become due thereon unto the said W. F’. 
 a and B. H. absolutely, And the said W. F. granted all 
 the hereditaments comprised in the recited indenture 
 and then remaining vested in him unto the said Bb. H. in 
 fee simple to the use of the said W. F. and B. H. in fee 
 simple, subject to the right of redemption then subsist- 
 ing therein on payment of the said sum of £9000 and the 
 
 interest thereon : 
 
 Sum due. And whereas the said sum of £9000 now remains 
 owing to the said W. I’. and B. H. on the security afore- 
 said, but all interest for the same has been paid as 
 
 Agreement for they hereby acknowledge, And the said G. P. C. has 
 
 ete agreed at the request of the said 8. H. IF’. to pay to the 
 said W. F. and B. H. the sum of £9000 upon having 
 such transfer made as hereinafter contained of the said 
 mortgage debt of £9000 and interest to become due 
 thereon and the securities for the same: 
 
 First testatum. NOW THIS INDENTURE WITNESSETH that in pursuance 
 
 Assignment of of the said agreement and in consideration of the sum 
 of £9000 paid to the said W. F. and B. H. by the said 
 G. P. C. at the request of the said 8. E. F. (the receipt of 
 which sum of £9000 the said W. F. and B. H. hereby 
 acknowledge) the said W. F. and B. H. As MORTGAGEES 
 hereby assign unto the said G. P. C. 
 
 All that the principal sum of £9000 now owing on the 
 security of the hereinbefore recited indentures and the 
 interest henceforth to become due for the same, and the 
 full benefit of and the right to exercise and enforce all 
 powers and securities for compelling payment of the said 
 sum and interest, | 
 
 Habendum. TO HAVE AND RECEIVE the same unto the said G. P. C. 
 absolutely. 
 
 Second AND THIS INDENTURE ALSO WITNESSETH that for the 
 
 ae ae consideration aforesaid the said W. F. and B. H. as morr- 
 
 Conveyance of 
 
 the land. GAGEES and at the request (a) of the said 8. E. F. hereby 
 
 (a) See note (d), Preced. XXIIL, ante. 
 
PRECEDENTS. 285 
 
 convey and the said 8. E. F. hereby confirms unto the 
 said G. P. C. 
 
 All the said hereditaments and premises comprised in 
 and conveyed by the recited indentures of &. 1868 and 
 &ec. 1878 and which are now vested in the said W. F. and 
 B. H. subject to redemption under the same indentures, 
 
 ‘To HOLD unto and to the use of the said G. P. C. in fee 
 simple Subject to the right of redemption subsisting 
 therein on payment of the said sum of £9000 and the 
 interest thereon. In witness Kc. 
 
 MortGaGE IN Fez to secure consolidated debt, including 
 incumbrances transferred and further advance. 
 
 Tris INDENTURE (a) made the day of 188 be- 
 tween 8. HE. F. of &c. [mortgagor] of the one part, and 
 G. P. C. of &e. [mortgagee| of the other part. 
 
 Whereas under an indenture dated &c. made between 
 the said 8. E. I’. of the one part and W. 8. of the other part 
 and duly enrolled as a disentailing assurance, the manor, 
 lands, and hereditaments hereinafter mentioned and in- 
 tended to be hereby appointed and conveyed now stand 
 limited subject to the several incumbrances mentioned in 
 the second schedule hereto To such uses, upon such trusts, 
 and subject to such powers and provisions as the said 
 S. E. F. shall by deed, will, or codicil appoint, and in 
 default of appointment To the use of the said S. E. F. 
 during his life without impeachment of waste with re- 
 mainders over: 
 
 And whereas all the incumbrances representing a prin- 
 cipal sum of £65,000 with the securities for the same 
 mentioned in the first part of the said second schedule 
 hereto, have been transferred to and are now vested in 
 the said G. P. C. by the several indentures dated in this 
 present year mentioned in the first part of the same 
 
 (a) 'This is the principal mortgage referred to in notes (c) and (d) 
 to Preced. XXIII., ante. 
 
 TRANSFERS OF 
 MORTGAGES. 
 
 No. 
 P.O.A'E 
 
 Parcels. 
 
 Habendum. 
 
 No. 
 XX VI. 
 
 Parties. 
 
 Recital of title 
 of mortgagor 
 subject to 
 incumbrances 
 in second 
 schedule. 
 
 Incumbrances 
 in first part 
 of second 
 schedule 
 transferred to 
 mortgagee for 
 £65,000. 
 
MORTGAGES. 
 
 0. 
 XXVI. 
 
 £65,000 
 advanced at 
 request of 
 mortgagor. 
 
 Agreement for 
 further 
 advance of 
 £5000 and for 
 consolidation. 
 
 First testatum. 
 
 Covenant to 
 pay principal 
 and interest. 
 
 Second 
 testatum. 
 Appointment 
 and convey- 
 ance. 
 
 Parcels. 
 
 286 PRECEDENTS. 
 
 schedule, and the incumbrances mentioned in the second 
 part of the same schedule still remain outstanding in the 
 persons in the said second part mentioned : 
 
 And whereas the sum of £65,000 was advanced by the 
 said G. P. C. and applied in obtaining transfers to him of 
 the incumbrances mentioned in the first part of the said 
 second schedule hereto at the request of the said 8. E. F.: 
 
 And whereas all interest on the said sum of £65,000 
 has been paid to the date hereof, and the said G. P. C. 
 has agreed to advance to the said 8. E. F. the further 
 sum of £5000, making, with the said sum of £65,000, 
 the total sum of £70,000 advanced by the said G. P. C. 
 to or on account of the said 8. E. F. upon having the 
 repayment of the said sum of £70,000 with interest 
 thereon at the rate hereinafter mentioned secured in 
 manner hereinafter appearing : 
 
 Now tuis INDENTURE WITNESSETH that in pursuance of 
 the said agreement and in consideration of the sum of 
 £65,000 so paid as aforesaid by the said G. P. C. for 
 obtaining transfers of the last mentioned incumbrances, 
 and also of the sum of £5000 at or before the execution 
 of these presents paid to the said 8. H. F. by the said 
 G. P. C., the payment and receipt in manner aforesaid 
 of which sums of £65,000 and £5000, making together 
 the sum of £70,000 paid by the said G. P. C. to or on ac- 
 count and by the direction of the said 8. E. F., the said 
 S. E. F. hereby acknowledges, The said 8. EH. F, hereby 
 covenants with the said G. P. C, [covenant to pay principal 
 sum of £70,000 and interest, Forms No. 4 and 4b]. 
 
 AND THIS INDENTURE ALSO WITNESSETH that for the 
 consideration aforesaid and in exercise of the power 
 contained in the recited indenture of &ec., and of every 
 other power enabling him, the said 8. E. F. as BEenn- 
 FICIAL OWNER hereby appoints, and by virtue of his 
 estate also conveys and confirms unto the said G. P. C. 
 
 Attu THAT the manor of C., in the county of &., 
 and all other the messuages, lands, and hereditaments 
 forming what is known as the C. estate in the same 
 county, which estate is intended to be more particularly 
 
PRECEDENTS. 287 
 
 described in the first schedule hereto, and is intended to 
 be delineated in the plan hereto annexed and to be 
 
 thereon coloured , And all other, if any, the lands 
 and hereditaments comprised in the said first schedule 
 hereto, or coloured on the said plan 
 
 To HOLD unto and to the use of the said G. P. C. in 
 fee simple, Subject to the several incumbrances mentioned 
 in the first part of the second schedule hereto now vested 
 in the said G. P. C. as aforesaid, and also to the incum- 
 brances mentioned in the second part of the same schedule, 
 and also Subject to certain drainage rentcharges, not 
 exceeding together in the whole the annual sum of £ 
 granted to the Lands Improvement Company, for terms 
 expiring not later than the year 18 , and gradually 
 decreasing in each year And also Subject to the proviso 
 for redemption hereinafter contained, that is to say [add 
 proviso for redemption, Form No. 6 ; and covenant to insure 
 buildings against fire, Form No. 9.] In witness, &c. 
 
 The First SCHEDULE before referred to. 
 [contains a particular of the property. | 
 The SECOND SCHEDULE before referred to. 
 First Part. 
 
 List of Mortgages on the C. Hstate, which have all been 
 transferred to G. P. C. 
 
 Name of 
 Original 
 Mortgagees. 
 
 Principal 
 —_— sum 
 secured. 
 
 Datesof | Whether on Term 
 Transfers. or Fee. 
 
 Date of Original 
 Mortgage. 
 
 1 6,000 | 8th April,1873/; W. H.S. 188 . |Term of 1000 
 years created 
 by settlement 
 of &c. 1825. 
 
 2 10,000 | 5th April,1825; W.M. |dth April) Term of 500 
 1826. eee created 
 
 &e. y mortgage 
 &e. deed. 5 
 188 . 
 3 9,000 {12th November,] R.S. T. | 3rd May, | Fee. 
 1868. and W. F.| 1878. 
 188 . 
 
 [Here follow six several other incumbrances making up £65,000.] 
 Total £65,000. 
 
 MORTGAGES. 
 
 No. 
 XX VI. 
 
 Subject to 
 incumbrances 
 in first and 
 second parts of 
 the second 
 schedule. 
 
 And to 
 drainage 
 charges. 
 
 And to 
 redemption. 
 
 Schedules. 
 
MORTGAGES. 
 
 0. 
 AXYV I. 
 
 No. 
 XX VII. 
 
 VARYING 
 LEASING 
 POWERS. 
 
 Building 
 leases for 
 999 years. 
 
 Streets, 
 gardens, 
 squares, &c., 
 may be 
 authorised. 
 
 Mining leases. 
 
 No. 
 XXVIII. 
 
 APPLYING 
 LEASING 
 POWERS. 
 
 288 PRECEDENTS. 
 
 SECOND PART. 
 Incumbrances not transferred to G. P. C. 
 
 10 | £14,000 bear- | 18th August, | F. H.W. | .. | Term of 5000 
 
 ing interest 1873. years. 
 at 4 per 
 cent. 
 11 | Annuity of 22nd July, |Payableto| .. | Usual powers 
 £700. 1844. A. F. of distress. 
 
 See note to Precedent of mortgage of freeholds, No. XV., ante. 
 
 AGREEMENT under C. A., s. 18, subs. 14, IN A MORTGAGE 
 VARYING Power or LEASING (a). 
 
 AND IT IS HEREBY AGREED that the powers of leasing 
 conferred on mortgagor and mortgagee by the Con- 
 veyancing and Law of Property Act, 1881, shall be 
 varied and extended in the following particulars :— 
 
 1. A building lease, or building leases, may be granted 
 for any term not exceeding nine hundred and 
 ninety-nine years. 
 
 2. Livery building lease may authorise any part of the 
 premises to be laid out for streets, roads, paths, 
 squares, gardens, and other open spaces, sewers, 
 drains, and watercourses, either to be dedicated to 
 the public or not, with fences, pavings, connexions 
 and other works incidental thereto respectively. 
 
 3. A lease or leases may be granted for mining pur- 
 poses, as follows, (that is to say,) 
 
 AGREEMENT under C. A., s. 18, subs. 16, APPLYING 
 LEASING POWERS of the Act to mortgages pre- 
 viously made. 
 
 THis INDENTURE, made the day of bt 
 
 between [mortgagor] of &e., of the one part, and the 
 several persons whose hands and seals are hereunto 
 
 (a) For an agreement excluding mortgagor’s powers of leasing 
 except with the mortgagee’s consent, see General Form, No. 15, ante. 
 
PRECEDENTS. 289 
 
 affixed in the third column of the schedule hereto, being  Morteaces. 
 incumbrancers on the estates of the said [mortgagor], _ +\° 
 situated at , in the county of , under the XXVIII. 
 several indentures the dates whereof and the parties 
 whereto are specified in the first and second columns of 
 the same schedule of the other part : : 
 WITNESSETH that it is hereby agreed between the 
 parties hereto as follows, that is to say :— 
 1. The several persons parties hereto shall, in reference 
 to the hereditaments comprised in the indentures 
 mentioned in the schedule hereto have all the same 
 powers of leasing as if the said several indentures 
 had been dated and executed after the commence- 
 ment of the Conveyancing and Law of Property 
 Act, 1881, but so that such powers shall be varied 
 in the following particulars : 
 2. [Here add variation clauses as in last precedent, or 
 otherwise as required. | 
 In witness &e. 
 
 THE SCHEDULE before referred to [to contain tne dates 
 of and parties to meumbrances in the first and second 
 columns respectively, and the signature and seals of incwm- 
 brancers in the third column. | 
 
MORTGAGES. 
 
 O. 
 XXIX. 
 RE-CONVEY- 
 ANCE, 
 
 Parties. 
 
 Recitals. 
 Deaths of the 
 mortgagees 
 and intestacy 
 of survivor. 
 Letters of 
 
 administration. 
 
 No surrender 
 of copyholds, 
 
 Testatum. 
 
 290 PRECEDENTS. 
 
 SECT. IV. 
 
 RE-CONVEYANCE BY SUPPLEMENTAL DEED OF FREE- 
 Hops, LEASEHOLDS, and CopyHoups by the adminis- 
 trator of the survivor of deceased mortgagees. 
 
 THis INpDENTURE made the &c., between X. of &e. 
 [administrator of last surviving mortgagee] of the one 
 part, and A. of &c. [mortgagor] of the other part, sup- 
 plemental to an indenture of mortgage hereinafter called 
 the principal indenture, dated the &c., and made be- 
 tween the said A. of the one part and B. and C. of the 
 other part for securing the payment by the said A. to 
 the said B. and C. of £ and interest : 
 
 Whereas the said B. died on &c., 1882, and the said 
 C. died on &e., 1883, intestate, and letters of adminis- 
 tration to his personal estate were granted to the said X. 
 by the Principal Probate Registry on &e. 
 
 And whereas no surrender has been made of the copy- 
 hold hereditaments comprised in the principal inden- 
 ture pursuant to the covenant for that purpose therein. 
 contained : 
 
 Now Tu1s INDENTURE WITNESSETH that in considera- 
 tion of all money secured by the principal indenture 
 having been paid by A. to X., the receipt whereof X. 
 hereby acknowledges, X. AS THE PERSONAL REPRESENTA- 
 TIvE of the said C. deceased hereby conveys, surrenders, 
 and releases unto A. 
 
 All the freehold and leasehold lands and_heredita- 
 ments comprised in or which now are by any means 
 vested in X. subject to redemption under the principal 
 indenture, 
 
 To nop the said freehold premises unto and to the 
 use of A. in fee simple, 
 
 Anp As TO the said leasehold premises to the intent 
 that the residue of the term therein granted by the 
 principal indenture may merge and be extinguished, 
 And that the trust declared by the principal indenture 
 
PRECEDENTS. 291 
 
 may cease, AND AS TO all the premises discharged from 
 all money secured by and from all claims under the 
 principal indenture. 
 
 AND for the consideration aforesaid, X., AS SUCH PER- 
 SONAL REPRESENTATIVE as aforesaid, hereby releases unto 
 A. all the said copyhold hereditaments covenanted to be 
 surrendered by the principal indenture to the intent that 
 the same may be discharged from the said covenant and 
 the trust thereof created by the principal indenture and 
 from all money secured by and from all claims under 
 the principal indenture. 
 
 In witness &e. 
 
 The mortgage estates devolve on the personal representative of the 
 last surviving mortgagee, as to the freeholds and the equitable interest 
 in the copyholds under C, A., s. 30, and as to the leaseholds under the 
 Common Law. 
 
 MORTGAGES, 
 
 No. 
 VOD: 
 
 Devolution of 
 mortgage 
 estates. 
 
SETTLEMENTS. 
 
 No. XXX. 
 
 CONVEYANCE 
 UPON TRUST 
 FOR SALE. 
 
 Parties. 
 
 First 
 testatum. 
 Conveyance of 
 freeholds. 
 
 Habendum. 
 
 Second 
 testatum, 
 Covenant to 
 surrender 
 copy holds. 
 
 292 PRECEDENTS. 
 
 BOT, LV. 
 SETTLEMENTS. 
 
 CONVEYANCE OF F'REEHOLDS AND COVENANT TO SUR- 
 RENDER CopyHOLps By HusBAND, upon trust for 
 sale, in contemplation of his marriage. 
 
 Tuts INDENTURE made &c., between A. B. of &c., 
 [husband] of the first. part, C. D. of &c., spinster [wéfe], of 
 the second part, and W. of &e., X. of &c., M. of &e., and 
 N. of &c. (which four last named persons are hereinafter 
 called the trustees), of the third part 
 
 WITNESSETH that in pursuance of an agreement made 
 on the treaty for the marriage which has been agreed 
 upon and is intended to be solemnised between A. B. and 
 C. D., and in consideration thereof, A. B. AS SETTLOR, 
 with the approbation of C. D., hereby conveys unto the 
 trustees 
 
 All that &c. 
 
 To HOLD unto the trustees in fee simple 
 
 To the use of A. B. in fee simple until the said intended 
 marriage shall be solemnized, And after the solemniza- 
 tion thereof To the use of the trustees their heirs and 
 assigns (a), Upon the trusts hereinafter declared : 
 
 AND THIS INDENTURE ALSO WITNESSETH that in further 
 pursuance of the said agreement and for the consideration 
 aforesaid, A. B. AS SETTLOR, with the approbation of 
 C. D., hereby covenants with the trustees That he and 
 all other necessary parties will forthwith after the 
 solemnization of the said intended marriage, at the cost 
 of the trust estate surrender into the hands of the lord or 
 lady of the manor of &c. according to the custom thereof, 
 
 All that &c. (to which hereditaments the said A. B. 
 
 (a) The words “heirs and assigns” are used here to enable the 
 executors or administrators of the last surviving trustee to execute the 
 trusts and powers under ©. A., s. 30, see p. 215 (0). 
 
PRECEDENTS. 2938 
 
 was admitted tenant at a Court held of the said manor 
 on the &c.) . , 
 
 To THE USE of the trustees their heirs and assigns (a) 
 at the accustomed rents, suits, and services : 
 
 AND IT IS HEREBY AGREED that the trustees their heirs 
 and assigns shall after the solemnization of the said 
 intended marriage stand seised of the freehold and copy- 
 hold hereditaments hereby conveyed and covenanted to 
 be surrendered Upon trust to sell the same or any part 
 or parts thereof respectively, but during the joint lives 
 [continue as in Form No. 16; 
 
 Power of leasing for twenty-one years, Form No. 38 ; 
 
 Power for husband and wife and the survivor to appoint 
 new trustees, Form No. 46. | 
 
 In witness &e. 
 
 The provisions of the C. A. incorporated in this precedent are general 
 words and the all estate clause (ss. 6, 63), powers of sale (ss. 35, 38), 
 power to adopt statutory conditions (ss. 3, 66) (see also V. & P. A. 
 ss. 2, 3), to give receipts (C. A. s. 36), and to appoint new trustees 
 (s. 31), and covenant, s. 7 (1) E. by the intended husband as settlor. 
 
 ANTE-NUPTIAL SETTLEMENT by HUSBAND of the PRO- 
 CEEDS of SALE of hereditaments settled on trust for 
 sale by the last precedent, and by wire of INVEST- 
 MENTS transferred; Upon trusts for husband and 
 wife successively for life, his interest in wife’s trust 
 fund determining on alienation; trusts for issue 
 of marriage as husband and wife or the survivor 
 appoint; in default, for children of the marriage ; 
 agreement to settle other property of wife and other 
 provisions. 
 
 Tus INDENTURE made &c. [same date and parties, 
 and in the same order as last preced. | 
 Whereas a marriage has been agreed upon, and is 
 
 (a) See note (a), last page. 
 
 SETTLEMENTS. 
 
 No. XXX. 
 
 Habendum. 
 
 Trusts of 
 freeholds and 
 copyholds. 
 
 Statutory 
 provisions 
 incorporated. 
 
 XXXa. 
 
 Parties. 
 
 Recitals. 
 
294 PRECEDENTS. 
 
 Surrtements. intended to be solemnized between the said A. B. and 
 
 No, 
 
 XXXA, 
 
 Agreement for 
 marriage. 
 
 Conveyance 
 and covenant 
 to surrender of 
 even date. 
 
 Transfer by 
 wife of invest- 
 ments. 
 
 Agreement for 
 settlement. 
 
 First testatum. 
 Declaration of 
 trusts of 
 investments 
 until marriage 
 for wife. 
 
 Cape 
 
 And whereas by an indenture bearing even date with, 
 but executed before these presents and made between 
 the same parties and in the same order as these presents, 
 the said A. Bb. conveyed the freehold hereditaments 
 therein mentioned to the use of the trustees, their heirs 
 and assigns, after the solemnization of the said intended 
 marriage Upon the trusts thereinafter declared ; And by 
 the indenture now in recital the said A. B. covenanted 
 with the trustees That he and all other necessary parties 
 would forthwith, after the solemnization of the said 
 marriage, surrender into the hands of the lord or lady of 
 the manor of &c. according to the custom thereof, the 
 copyhold hereditaments therein mentioned To the use of 
 the trustees their heirs and assigns at the accustomed rents, 
 suits, and services: And it was thereby agreed that the 
 trustees should after the solemnization of the said 
 marriage stand seised of the freehold and copyhold 
 hereditaments thereby conveyed and covenanted to be 
 surrendered Upon trust to sell the same as therein men- 
 tioned, and to stand possessed of the net money to arise 
 from any such sale (after payment thereout of all costs 
 incidental thereto) and also of the rents and profits of 
 the said premises until sale, Upon the trusts and subject 
 to the powers and provisions declared concerning the 
 same by an indenture therein referred to meaning these 
 presents. 
 
 And whereas with a view to the settlement intended 
 to be hereby made the said C. D. with the approbation of 
 the said A. B. has transferred into the joint names of 
 the trustees the investments mentioned in the schedule 
 hereto, representing the sum of £ sterling : 
 
 And whereas upon the treaty for the said intended 
 marriage it was agreed that such settlement should be 
 executed as hereinafter contained. 
 
 Now THis INDENTURE WITNESSETH that in pursuance 
 of the said agreement and in consideration of the said 
 intended marriage the said C. D., with the privity of the 
 
PRECEDENTS. 295 
 
 said A. B., hereby directs and the trustees hereby declare 
 and do agree with the other parties hereto that the 
 trustees will stand possessed of the investments men- 
 tioned in the schedule hereto, and so transferred into 
 their joint names as aforesaid, Upon trust for the said 
 C. D. until the said intended marriage, And after the 
 solemnization thereof Upon the trusts and subject to the 
 powers and provisions hereinafter declared concerning 
 the same. 
 
 AND IT IS HEREBY AGREED that the trustees shall after 
 the solemnization of the said intended marriage stand 
 possessed of the investments mentioned in the schedule 
 hereto, And also of the net money to arise from any sale 
 made pursuant to the recited indenture of even date 
 herewith as and when the same shall be received, Upon 
 trust that the trustees, or trustee for the time being of 
 these presents, hereinafter called the trustees or trustee, 
 SHALL either permit the investments mentioned in the 
 schedule hereto to remain on the investments in which 
 the same now are, Or SHALL with the consent of the 
 said A. B. and C. D. during their joint lives, or of the 
 survivor of them during his or her life, and after the 
 death of both at the discretion of the trustees or trustee, 
 sell, call in, or convert into money all or any of the said 
 investments, AND SHALL with the like consent or at the 
 like discretion invest the money arising thereby, and 
 also the net money to arise from any sale made pursuant 
 to the recited indenture as and when the same shall be 
 received, in the names or name of the trustees or trustee 
 in manner following, and not otherwise (a), that is to 
 say :— 
 
 In [investment clause, Form No. 18, ante]: 
 
 AND IT IS HEREBY AGREED that the trustees or trustee 
 shall stand possessed of the investments mentioned in 
 
 (a) The object of these words is to prevent trustees from lending 
 on mortgage in Ireland under 4 & 5 Will. 4, c. 29, and from taking 
 investments which certain local Acts of Parliament authorise trustees 
 to take as investments. Powers of this latter kind in local Acts are 
 not uncommon. 
 
 SETTLEMENTS. 
 No 
 
 XXXa. 
 
 Trusts as to all 
 property after 
 marriage. 
 
 To invest and 
 vary invest- 
 ments. 
 
 Trusts of 
 investments. 
 
 Prohibition 
 against 
 mortgages in 
 Ireland or 
 investments 
 under local 
 Acts. 
 
SETTLEMENTS. 
 uF 
 
 O. 
 XXXA,. 
 
 Income of hus- 
 band’s trust 
 fund to him for 
 life, then to 
 wife for life. 
 
 Income of 
 wife’s trust 
 fund for hus- 
 band until 
 death or alien- 
 ation. 
 
 And then for 
 wife for life. 
 
 296 PRECEDENTS. 
 
 the schedule hereto, and of the varied investments for 
 the time being representing the same, all of which are 
 hereinafter referred to as the wife’s trust fund, And shall 
 also stand possessed of the net money to arise from any 
 sale made pursuant to the recited indenture, and of the 
 investments for the time being representing such net 
 money, which net money and the investments representing 
 the same are hereinafter referred to as the husband’s trust 
 fund, And also of the annual income of the husband’s 
 trust fund and the wife’s trust fund respectively, Upon 
 the trusts and subject to the powers and provisions 
 following, that is to say:— | 
 
 AS TO THE HUSBAND'S TRUST FUND, Upon trust to pay 
 the annual income thereof to the said A. B. during his 
 life, and after his death to pay the same annual income, 
 to the said C. D. during the residue of her life, if she 
 shall survive him, without power of anticipation during 
 any coverture (0). 
 
 AND AS TO THE WIFE’S TRUST FUND, Upon trust if on 
 the solemnization of the said intended marriage the said 
 A. B. should not be an undischarged bankrupt, or should 
 not have executed, done, or suffered any act, deed, or 
 thing, or if no event should have happened, whereby the 
 trust hereinafter declared would if subsisting be deter- 
 mined, Then to pay the annual income of the wife’s trust 
 fund to the said A. B. during his life or until [continue 
 the first trust for husband’s inalienable use, Form No. 
 22 (A)]: 
 
 And if the same trust should fail or determine in his 
 lifetime, then, Upon trust to pay the annual income of 
 the wife's trust fund to the said C. D., if living, for the 
 residue of her life without power of anticipation during 
 any coverture : 
 
 And after the failure or determination in the life- 
 time of the said A. B. of the aforesaid trust in his favour, 
 and the death of the said C, D., which shall last happen, 
 
 (b) No trust for the separate use is required: see M. W. P. A. s. 1; 
 but the restraint against anticipation is still applicable; see s, 19. 
 
PRECEDENTS. 297 
 
 Then Upon trust during the residue of the life of the said Serriements. 
 A. B. to apply the annual income of the wife’s trust fund yl af 
 
 for the maintenance [continue trust during the residue of OSS 
 the life of husband, Form No. 22 (B) saying wife’s trust 
 
 fund throughout |. 
 
 AND IT IS HEREBY AGREED that after the death of the After death of 
 survivor of the said A. B. and C, D. the capital of the as rE 
 husband’s trust fund, and also of the wife’s trust fund, 
 shall be held In trust &e. 
 
 | Add trusts for issue as parents or survivor shall appoint, 
 in default for children equally, and hotchpot clause, Form 
 No. 24; without the exception of any son ; 
 
 Advancement clause, Form No. 26. 
 
 Ultimate trusts as to husband’s trust fund for him, and 
 as to wifes trust fund for her or her next of kin, so as to 
 
 exclude the husband, Forms No. 28-30. ") 
 Application of rents of real estate until sale, Form 
 No; 31. 
 
 Agreement to settle other property of wife, Form No. 30. 
 
 Power to trustees to value and apportion mixed funds, 
 Form No. 43. 
 
 Power to husband and wife and survivor to appoint new 
 trustees, Form No. 46. | 
 
 In witness We. 
 
 T'nt SCHEDULE ABOVE REFERRED TO. 
 [ Investments transferred by the wefe.] 
 
 For any further special provisions see next precedent, post, and 
 general forms in settlements, ante. 
 
 The provisions of the C. A. incorporated in this precedent are powers Whatstatutory 
 for maintenance and education of infants and accumulation of surplus provisions in- 
 income (s. 43); power to give receipts (s. 36); to compound and °”P Pets 
 compromise (s. 87), and to appoint new trustees (s. 31). 
 
 ANTE-NUPTIAL SETTLEMENT by HusBAND of investments Serrzemenrs. 
 transferred by him, and by Wire of her shares No.XXXI. 
 under a settlement and will expectant on her 
 father’s death; upon trust as to husband’s trust 
 fund for husband and wife successively for life, and 
 
SETTLEMENTS. 
 No. XXXI. 
 
 Parties. 
 
 Recitals. 
 Agreement for 
 malriage. 
 
 Transfer by 
 husband of 
 investments. 
 
 Title of wife 
 to a third 
 share of 
 investments 
 on death of 
 her father. 
 
 298 PRECEDENTS. 
 
 as to wife’s trust fund for wife and husband suc- 
 cessively for life, his interest in wife’s trust fund 
 determining on alienation; trusts for issue of 
 marriage as husband and wife or the survivor 
 shall appoint; in default, for children of the mar- 
 riage ; power to wife to make a settlement on future 
 marriage ; agreement to settle other property of wife ; 
 covenant by the wife’s father to pay an annuity for 
 so much of his life as the wife or any issue of the 
 marriage shall live; powers to invest in the pur- 
 chase of land generally; also in the purchase of a 
 residence, and other provisions. 
 
 THis INDENTURE, made &c., between A. D. of &e., 
 [husband] of the first part, B. E., spinster [wife], a 
 daughter of John H. of &c., of the second part, the said 
 John E. of the third part, and W. of &., X. of &e., Y. 
 of &c., and Z. of &c. (which four last-named persons are 
 hereinafter called the trustees) of the fourth part. 
 
 Whereas a marriage has been agreed upon, and is 
 intended to be solemnised between the said A. D. and 
 lod ae 
 
 And whereas with a view to the settlement intended 
 to be hereby made the said A. D. has caused to be 
 transferred into the joint names of the trustees the in- 
 vestments mentioned in the first schedule hereto, repre- 
 senting the sum of £ sterling : 
 
 And whereas under an indenture dated &e., and made 
 between &c., being a settlement made before and in con- 
 sideration of the marriage then intended and afterwards 
 solemnised between the said John E. and Mary E. since 
 deceased, and a deed-poll under the hand and seal of 
 the said John E., being a deed of appointment executed 
 under a power contained in the said indenture, the said 
 B. E. as one of the three children of the said John HE. 
 by the said Mary E. is now entitled expectant on the 
 death of her father the said John E., and in the mean- 
 time subject to his life interest under the said inden- 
 ture, and provided the now intended marriage shall be 
 
PRECEDENTS. 299 
 
 solemnised within six calendar months from the date of 
 the said deed-poll, to one-third share of the investments 
 mentioned in the first part of the second schedule hereto, 
 being the investments now held on the trusts of the said 
 indenture of settlement, or of the investments for the 
 time being representing the said investments so now 
 held, which investments so now held are now standing 
 in the joint names of &c., the present trustees of the 
 said indenture : 
 
 And whereas under the will dated &c., and proved in 
 the District Probate Registry on &c. of ; 
 late of &e., who died on &c., the said B. E., as one of the 
 three children of the said John H., is entitled expectant 
 on the death of her father the said John E., and in the 
 meantime subject to his life interest, to one-third share of 
 the proceeds of the sale of the lands and hereditaments 
 and of the income until sale of the lands and heredita- 
 ments by the said will devised on trust for sale and now 
 remaining unsold, and of the investments representing 
 the other real estate, and the residuary personal estate of 
 the said testator now held on the trusts of the said will, 
 and the particulars of which lands, hereditaments, and 
 investments are specified in the second part of the second 
 schedule hereto, and are now vested in or standing in the 
 joint names of &c., the trustees and sole acting executors 
 of the said will: 
 
 And whereas upon the treaty for the said intended 
 marriage it was agreed that such settlement should be 
 eoanen as hereinafter contained. 
 
 Now ris JNDENTURE WITNESSETH that in pursuance 
 of the said agreement and in consideration of the said 
 intended marriage the said A. D., with the privity of 
 the said B. E., hereby directs nie the trustees hereby 
 declare and do agree with the other parties hereto that 
 the trustees will stand possessed of the investments 
 mentioned in the first schedule hereto, and so trans- 
 ferred into their joint names as aforesaid, Upon trust for 
 the said A. D. until the said intended marriage, and 
 after the solemnisation thereof Upon the trusts and 
 
 SETTLEMENTS. 
 
 No. XX XI. 
 
 Title of wife to 
 a third share 
 in proceeds of 
 land and 
 investments 
 on death of 
 her father. 
 
 Agreement for 
 settlement. 
 
 First testatum. 
 Declaration of 
 trusts until 
 marriage for 
 husband. 
 
SETTLEMENTS. 
 
 No.XXXI. 
 
 Second 
 testatum. 
 Assigument 
 of wife’s 
 property. 
 
 Habendum. 
 
 In trust for 
 wife until the 
 marriage. 
 
 Trusts as to all 
 property after 
 marriage. 
 
 To invest and 
 vary invest- 
 ments. 
 
 300 PRECEDENTS. 
 
 subject to the powers and provisions hereinafter declared 
 concerning the same. 
 
 AND THIS INDENTURE ALSO WITNESSETH that in further 
 pursuance of the said agreement and in consideration of 
 the said intended marriage the said B. E. As sETTLoR, 
 with the approbation of the said A. D. hereby assigns (a) 
 unto the trustees 
 
 First, All that the one third share to which the said 
 B. E. is now or will on the solemnisation of the said in- 
 tended marriage become entitled in expectancy as afore- 
 said of the investments mentioned in the first part of the 
 second schedule hereto: 
 
 Secondly, All that the one third share to which the 
 said B. E. is now entitled in expectancy as aforesaid in 
 the proceeds of the sale of the lands and hereditaments 
 and of the’ investments respectively mentioned in the 
 second part of the said second schedule hereto : 
 
 And all other (if any) the share or shares of the 
 said B. E. in the investments or in the lands and here- 
 ditaments or in the proceeds of the sale of the lands 
 and hereditaments mentioned in the said second sche- 
 dule : 
 
 To HAVE AND RECEIVE the same unto the trustees 
 absolutely, Upon trust for the said B. E. until the 
 said intended marriage, and after the solemnisation 
 thereof Upon the trusts and subject to the powers and 
 provisions hereinafter declared concerning the same: 
 
 That is to say, Iv IS HEREBY AGREED that the trus- 
 tees shall after the solemnisation of the said intended 
 marriage stand possessed of the investments mentioned 
 in the first schedule hereto, and also of the said shares 
 and premises hereinbefore assigned, as and when the 
 same fall into possession, Upon trust that the trustees, 
 or the survivors or survivor of them, or the executors or 
 administrators of such survivor, or other the trustees or 
 trustee for the time being of these presents, hereinafter 
 
 (a) As a husband married after 1882 takes no interest in his wife’s 
 property, his-concurrence for the purpose of assigning is valueless. 
 
PRECEDENTS. 301 
 
 called the trustees or trustee, shall get in and receive 
 or obtain transfer of the said shares and premises 
 hereinbefore assigned, AND SHALL either permit the 
 investments mentioned in the first schedule hereto, 
 and also so much of the said shares and premises 
 hereby assigned as shall not be received in money, to 
 remain on the securities or investments in which the 
 same now are or shall be received; OR SHALL, with the 
 consent of the said A. D. and B. E. during their joint 
 lives, or of the survivor of them during his or her life, and 
 after the death of both at the discretion of the trustees 
 or trustee, sell, call in, or convert into money all or 
 any of the said investments mentioned in the first 
 schedule hereto, And also so much of the said shares and 
 premises hereby assigned as shall not be received in 
 money, AND SHALL with the like consent or at the like 
 discretion invest the money arising thereby, and also 
 any money received in respect of the said shares and 
 premises hereby assigned, in the names or name of the 
 trustees or trustee in manner following, and not other- 
 wise (a), that is to say :— 
 
 In [tnvestment clause, Form No. 18, ante]: 
 
 AND IT IS HEREBY AGREED that the trustees or trustee 
 shall stand possessed of the investments mentioned in 
 the first schedule hereto, and of the varied investments 
 for the time being representing the same, all of which 
 are hereinafter referred to as the husband’s trust fund, 
 And shall also stand possessed of the said shares and 
 premises hereby assigned, and of the investments for 
 the time being representing the same, which shares and 
 premises hereby assigned and the investments represent- 
 ing the same are hereinafter referred to as the wife’s trust 
 fund, And also of the annual income of the husband’s 
 trust fund and the wife’s trust fund respectively, Upon 
 the trusts and subject to the powers and _ provisions 
 following, that is to say :— 
 
 AS TO THE HUSBAND'S TRUST FUND, Upon trust to pay 
 
 (2) See note (a) to last precedent, 
 
 SETTLEMENTS. 
 
 No.XX XI. 
 
 Trusts of 
 investments. 
 
 Income of 
 husband’s 
 
SETTLEMENTS. 
 
 No.XXXI. 
 
 trust fund to 
 him for life, 
 then to wife 
 for life. 
 
 Income of 
 wife’s trust 
 fund to her for 
 life, then 
 
 for husband. 
 
 After death of 
 survivor for 
 issue. 
 
 Ultimate 
 trusts. 
 
 Covenant by 
 wife’s father 
 to pay 
 annuity, 
 
 302 PRECEDENTS. 
 
 the annual income thereof to the said A. D. during his 
 life, and after his death to pay the same annual income to 
 the said b. E. during the residue of her life, if she shall 
 survive him, without power of anticipation during any 
 coverture (a): 
 
 AND AS TO THE WIFE’S TRUST FUND, Upon trust to pay 
 the annual income thereof to the said B. E. during her 
 life, without power of anticipation during any coverture (a), 
 And after her death [Trusts for the inalienable benefit of 
 husband, Form No. 22. | 
 
 AND IT IS HEREBY AGREED that after the death of the 
 survivor of the said A. D. and B. H. the capital of the 
 husband’s trust fund, and also of the wife’s trust fund, 
 shall be held In Trust &e. 
 
 | Add trusts for issue as parents or survivor shall appoint, 
 in default for children equally, and hotchpot clause, Form 
 No. 24 ; and also Form No. 25, tf required. 
 
 Advancement clause, Form No. 26. 
 
 Ultimate trusts as to husband’s trust fund for him, and 
 as to wifes trust fund in trust for her or her next of 
 kin, so as to exclude the husband, Forms No. 28-80. 
 
 Power for wife to make a settlement on future marriage, 
 Form No. 383. 
 
 AND THIS INDENTURE ALSO WITNESSETH that in con- 
 sideration of the said intended marriage the said John E. 
 hereby covenants with the trustees, and also as a 
 separate covenant with the said B. E., That if the said 
 intended marriage shall be solemnised the said John H. 
 will during so much of his life as the said B. E. or any 
 of her issue by the said A. D. shall be living, pay to the 
 trustees or trustee the annual sum of £ , such 
 annual sum to commence from the day of the solemztisa- 
 tion of the said intended marriage, and to be deemed to 
 accrue due from day to day, but to be paid by equal 
 half-yearly payments, the first payment to be made at 
 the expiration of six calendar months from the solemni- 
 sation of the said intended marriage : 
 
 (uw) See note (4) to last precedent. 
 
PRECEDENTS. 303 
 
 AND IT IS HEREBY AGREED that the trustees or trustee 
 shall pay and apply the said annual sum of £ to 
 the persons and in the manner to whom and in which 
 the annual income of the wife’s trust fund would be 
 payable or applicable in case the same had fallen into 
 possession. 
 
 | Agreement to settle other property of wife, Form No. 35. 
 
 Power to invest in the purchase of land, Form No. 36. 
 
 Power to invest in the purchase of residence, Form 
 No. 37. 
 
 Power to lease, Form No. 38 (applicable to Nos. 35, 36, 
 and 37). 
 
 Power to coneur in partition of hereditaments in the 
 2nd Schedule, Form No. 39. | 
 
 PROVIDED ALSO, and it is hereby agreed, that the trus- 
 tees or trustee of these presents may permit the trustees 
 or trustee for the time being of the will of the said 
 to retain any investments mentioned in the second part of 
 the second schedule hereto, and now held on the trusts 
 of that will, although not being investments authorised 
 by the terms of that will, and the trustees and trustee 
 of these presents shall not, unless they or he in their or 
 his absolute discretion think proper, be bound to take 
 any proceedings as to any such investments which are 
 not so authorised, or as to any other investments for the 
 time being held on the trusts of that will, nor be liable 
 in any way for any loss which may occur through invest- 
 ments, proper or otherwise, being retained or made by the 
 trustees or trustee for the time being of that will, or 
 through any act, deed, or omission on the part of such 
 trustees or trustee. 
 
 [ Add, if required, powers to trustees to deposit money in 
 bank, Form No. 40; to make contributory loans, Form 
 No. 41; to make loans for a term, Form No, 42. 
 
 Power to trustees to value and apportion mixed funds, 
 Form No. 48. 
 
 Power to trustees to deposit securities to bearer for safe 
 custody (if any authorised), Form No. 44. 
 
 Solicitor trustee to be paid his costs, Form No, 45. 
 
 SETTLEMENTS, 
 
 No.XX XI. 
 
 ay 
 
 Power to 
 permit 
 trustees of 
 recited will to 
 retain in- 
 vestments. 
 
SETTLEMENTS. 
 
 No. XXXI, 
 
 tee 
 
 What statu- 
 tory provisions 
 incorporated, 
 
 PURCHASE 
 
 CONVEYANCE 
 OF RESIDENCE 
 PURCHASED 
 BY TRUSTEES. 
 
 Recitals. 
 Mortgage. 
 
 304 PRECEDENTS. 
 
 Power to husband and wife and survivor to appoint 
 new trustees, Form No. 46.| 
 In witness &e. 
 
 The First SCHEDULE above referred to. 
 
 Investments transferred by the husband. 
 
 The SECOND SCHEDULE above referred to. 
 
 ‘Parvo 
 
 Investments subject to the settlement dated &e. 
 
 Part 2. 
 Land and investments subject to the will of &c. 
 
 Notice of this settlement should be given to the trustees of the 
 recited settlement and will. 
 
 The provisions of the C. A. incorporated in this precedent are powers 
 for maintenance and education of infants and accumulation of surplus 
 income (s. 43); power of sale (ss. 35, 88); power to adopt statutory 
 conditions (ss. 8, 66), (see also V. & P. A. ss. 2 & 3); to give 
 receipts (C. A. s. 386); to compound and compromise (s. 37), and to 
 appoint new trustees (s. 81); and covenant E. s. 7 (1) by the intended 
 wife as settlor. 
 
 CONVEYANCE OF A RESIDENCE PURCHASED OUT OF 
 SetTLED Money by the Trustees of the Settlement 
 Preced. XX XI. (a). 
 
 Tuis InpENTuRE made &c. between H. C. of &e. 
 [mortgagee] of the first part, J. C. of &e. [vendor| of the 
 second part, A. D. of &e., and B. D. his wife of the third 
 part, and W. of &., X. of &c., Y. of &c., and Z. of &e. of 
 the fourth part. 
 
 Whereas by an indenture of mortgage dated &c., and 
 expressed to be made between the said J. C. of the one 
 part and the said H. C. of the other part, the said J. C. 
 
 (a) In this precedent the settlement is not recited or made part of 
 the title. It is merely referred to in declaring the trusts of the moneys 
 to arise from the sale of the property under the trust for sale. 
 
PRECEDENTS. 305 
 
 eranted the messuage and hereditaments hereinafter de- 
 scribed and hereby intended to be conveyed unto and to 
 the use of the said H. C. in fee simple, by way of mort- 
 gage for securing payment to the said H. C. by the said 
 J.C. of the sum of £4000 with interest thereon as therein 
 mentioned : 
 
 And whereas the parties hereto of the fourth part have 
 at the request of the said A. D., and B. D., testified by 
 their execution of these presents, agreed to purchase from 
 the said J. C. the said hereditaments and the fee simple 
 thereof in possession, free from incumbrances, at the 
 price of £20,000: 
 
 And whereas the principal sum of £4000 is still due 
 to the said H. C. upon the hereinbefore recited security, 
 but all interest thereon has been paid, as he hereby 
 acknowledges, and he has agreed upon receiving the said 
 sum to join in these presents as hereinafter appearing : 
 
 And whereas it is desired by the parties hereto of the 
 third and fourth parts that the said hereditaments should 
 be conveyed in manner and upon the trusts hereinafter 
 expressed. 
 
 Now tuis INDENTURE WITNESSETH that in pursuance 
 of the said agreement, and in consideration of the sum of 
 £20,000 upon the execution of these presents paid by the 
 said W., X., Y., and Z., as to £4000 part thereof to the 
 said H. C., at the request of the said J. C., testified by 
 his execution hereof (the receipt of which sum of £4000 
 the said H. C. hereby acknowledges), And as to £16,000 
 residue thereof to the said J. C. (the receipt of which 
 sum of £16,000, and the payment in manner aforesaid of 
 which sum of £4000, making together the said purchase- 
 money of £20,000, the said J. C. hereby acknowledges), 
 the said H. C. AS MORTGAGEE, and according to his 
 estate, by the direction of the said J. C., hereby con- 
 veys and releases, And the said J. C. AS BENEFICIAL 
 OWNER hereby conveys and confirms unto the said W., 
 X., Y. and Z. 
 
 All that messuage &c. 
 
 To HOLD unto and to the use of the said W., X.. Y. , and 
 
 < 
 
 SETTLEMENTS. 
 O. 
 XX ALI, 
 RESIDENCE 
 
 PURCHASED BY 
 TRUSTEES. 
 
 Agreement to 
 purchase from 
 mortgagor. 
 
 Agreement for 
 concurrence of 
 mortgagee 
 
 Testatum. 
 Conveyance, 
 
 Habendum. 
 
SETTLEMENTS, 
 
 0. 
 XXXIT. 
 
 Trust for sale. 
 
 Trusts of 
 proceeds of 
 sale. 
 
 No. 
 DOO WH 
 
 INFANT’S 
 SETTLEMENT. 
 
 306 PRECEDENTS. 
 
 Z., their heirs and assigns (a), discharged from all moneys 
 secured by and all claims and demands under the said 
 indenture of mortgage, 
 
 Upon trust to sell the same or any part thereof with 
 the consent in writing of the said A. D. and B. D., during 
 their joint lives, and of the survivor of them during his 
 or her life, and after the death of both at the discretion 
 of the trustees or trustee for the time being of these 
 presents : 
 
 AND IT IS HEREBY AGREED that the said trustees or 
 trustee shall stand possessed of the net money to arise 
 from any such sale (after payment thereout of all costs 
 incidental thereto) Upon the trusts and subject to the 
 powers and provisions which under an indenture dated 
 &e., and made between &c., being a settlement made on 
 the marriage then intended and afterwards solemnised 
 between the said A. D. and B. D. [Preced. XX XI. ante], 
 are declared and now subsisting with respect to money 
 forming part of the husband’s trust fund (b) thereby 
 settled, And under which trusts the said A. B. is tenant 
 for life, and after his death the said B. D. becomes tenant 
 for life of the proceeds of sale (c). 
 
 [Power of leasing for twenty-one years, Form No. 38, 
 saying “the said messuage,” &c., instead of “any mes- 
 suages,” de. ; 
 
 Power for A. D. and B.D. and the survivor to appoint 
 new trustees, Form No. 46. | 
 
 In witness &c. 
 
 ANTE-NUPTIAL SETTLEMENT under the INFANTS’ SETTLE- 
 MENT Act of the wife’s portion raisable under the 
 
 trusts of a term, and her share of a testator’s 
 
 (a) See pp. 215 (b), 292 (0b). 
 
 (5) The purchase is, in this and the precedent appointing a new 
 trustee, No. XXXVII., post, assumed to have been made wholly out 
 of the husband’s trust fund. 
 
 (c) See note, p. 216, to General Form No. 16, and substitute 
 Prec d. XXXI. for the deed of even date referred to in that note. 
 
PRECEDENTS. 307 
 
 residuary estate, being administered by the Court; 
 upon trusts for the wife and husband successively for 
 life, and then for the issue of the marriage as 
 husband and wife or the survivor shall appoint; in 
 default for children of the marriage, except an eldest 
 son and any other son who before he attains twenty- 
 one succeeds to a title, unless he shall be the only 
 child: Power to raise money for wife’s outfit, and 
 to pay costs of settlement, and of administration 
 action. 
 
 Tus INDENTURE made the &c., between the Right 
 Honourable A., Lord B. [husband], of the first part, 
 C. D., of &c. spinster, eldest daughter of the late 
 k. D. deceased, and now an infant of the age of twenty 
 years or thereabouts [wzfe|, of the second part, and Rh. 
 of &c., &e. | four trustees], which four last-named persons 
 are hereinafter called the trustees, of the third part. 
 
 Whereas a marriage has been agreed upon and is 
 intended to be solemnised between the said Lord B. and 
 C. D., with the consent of &c., her testamentary guardians 
 appointed by the will of her father, the said EK. D: 
 
 And whereas under the will dated &c., and proved 
 on &e., in the Probate Registry, of the said E. D., 
 who died on &c., and of which will M. and N. are now 
 the sole surviving trustees and executors, the said C. D., 
 as one of the two surviving children of the said E. D. 
 other than the eldest son, will upon her marriage or 
 upon her attaining the age of twenty-one years, which 
 shall first happen, become absolutely entitled to one 
 moiety of a sum of £ raisable under the trusts of 
 a term of five hundred years in the testator’s freehold and 
 copyhold estates situated at &c., by his said will limited 
 to the said M. and N. upon trust for raising that sum for 
 portions for the testator’s children other than a son 
 or daughter entitled as tenant for life to the said 
 estates, And also to one moiety of the net residue remain- 
 ing after paying debts and legacies and certain other 
 sums (including the said sum of £ ) of the money 
 
 x 2 
 
 SETTLEMENTS. 
 
 O. 
 XXXITI. 
 INFANT’S 
 SETTLEMENT, 
 
 Parties. 
 
 Recitals. 
 
 Agreement for 
 marriage. 
 
 Of wife’s title 
 under a will to 
 a portion. 
 
 And to a share 
 in the 
 testator’s 
 residuary 
 estate. 
 
SETTLEMENTS. 
 
 0. 
 XXXII, 
 
 INFANT’S 
 SETTLEMENT. 
 
 Action for the 
 
 administration 
 of the estate of 
 the testator. 
 
 Decree, and 
 service thereof 
 on wife. 
 
 Chief clerk’s 
 certificate. 
 
 Order under 
 Infants’ 
 Settlement 
 Act. 
 
 308 PRECEDENTS. 
 
 to arise from the sale and conversion of the freehold, copy- 
 hold, and leasehold estates of the said testator situated 
 at &c., and of the testator’s residuary personal estate, 
 and which freehold, copyhold, leasehold, and personal 
 estate were by the testator’s will devised and bequeathed 
 to the said M. and N. and to G., now deceased, upon trust 
 for sale and conversion : 
 
 And whereas in the year 1880 an action of D. v. M, 
 1880 D. No. , was instituted in the Chancery 
 Division of the High Court of Justice for the administra- 
 tion of the testator’s real and personal estate, in which 
 action L. D., the eldest son of the said testator and an 
 infant, by &c., his next friend, was plaintiff, and the said 
 M. and N. were defendants: 
 
 AND WHEREAS a decree was made in the said action on 
 the &c., and the said C. D. has been served with notice 
 of the said decree, and has become bound by the pro- 
 ceedings in the said action : 
 
 AND WHEREAS the chief clerk has made his certificate 
 in the said action, dated the &c., and filed on &c., in which 
 certificate and the schedules thereto the particulars of the 
 said testator’s real estate and the liabilities affecting the 
 same are set forth, and by which certificate it appears 
 that the whole of the testator’s personal estate has been 
 applied in discharge of liabilities affecting the same: 
 
 And whereas by an order of the Chancery Division of 
 the High Court of Justice made on an adjournment into 
 chambers on the day of , in the said action of 
 D. vy. M., and in the matter of an Act of the 18th & 19th 
 Vict. c. 43, intituled “An Act to enable Infants, with the 
 Approbation of the Court of Chancery, to make binding 
 Settlements of their Real and Personal Estate on Marriage,” 
 Upon the petition of the said C. D. by &e., her next 
 friend, and of the said [the guardians], the Judge 
 being of opinion that the proposed marriage of the said 
 infant C. D. with the said Lord B. was a fit and proper 
 marriage for the said infant, and that the settlement pro- 
 posed to be effected by an indenture of even date here- 
 with and by this indenture was a proper settlement to be 
 
PRECEDENTS. 309 
 
 made in contemplation of such marriage, and that the 
 indentures therein referred to, being the said indenture 
 of even date herewith and this indenture, were proper 
 indentures for giving effect to such settlement, the said 
 Judge did, pursuant to the aforesaid Act of Parliament, 
 sanction and approve of such settlement, and did order 
 that the said infant should be at liberty in contemplation 
 of her marriage with the said Lord B. to execute the said 
 indentures accordingly, and that upon the due execution 
 of the said indenture of even date herewith and of this 
 indenture by the said Lord B., and the said C. D., the 
 said Lord B. and C. D. should be at liberty to inter- 
 marry (a). 
 
 And whereas these presents have been approved by 
 the said Judge, as appears by the signature of the chief 
 clerk in the margin hereof. 
 
 Now THis [NDENTURE WITNESSETH that in obedience 
 to the aforesaid Order of the Chancery Division of the 
 High Court of Justice, and in consideration of the said 
 intended marriage, the said C. D. (b), with the privity of 
 the said Lord B., hereby assigns unto the trustees : 
 
 First, All that the moiety to which the said C. D. is 
 now, or will upon the solemnization of the said marriage, 
 become entitled as aforesaid in the said sum of £ : 
 raisable for portions under the trusts of the aforesaid term 
 of five hundred years in the said estates at &c., devised 
 by the will of the said E. D. ; ; 
 
 Secondly, All that the moiety to which the said C, D. 
 is now or will upon the solemnization of the said mar- 
 riage become entitled as aforesaid of the net residue of 
 the money to arise from the sale and conversion of the 
 
 (a) 'The liberty to marry is only necessary where the infant, as in 
 this case, is a ward of Court. Where the application is only under the 
 Act for the purpose of making a settlement binding on the infant, the 
 words “and that upon due execution ” &c., may be omitted. 
 
 (6) The Court can, under the Infants’ Settlement Act, enable the 
 infant to assign, but, it is conceived, cannot enable her to give a mere 
 covenant, therefore she is not made to assign as seTTLOR. As to the 
 husband’s concurrence, see note (a) to Preced, XX XI. p. 300. 
 
 SETTLEMENTS. 
 (‘O} 
 XXXITI. 
 INFANT’S 
 
 SETTLEMENT. 
 
 es 
 
 Settlement 
 approved by 
 the Judge. 
 
 First testatum. 
 Assignment by 
 wife 
 
 of her share 
 in portion 
 
 and in estate 
 of testator ; 
 
 Liberty to 
 marry neces- 
 sary only in 
 case of wards, 
 
SETTLEMENTS. 
 
 0. 
 XXXII. 
 
 INFANT’S 
 SETTLEMENT. 
 
 and all arrears 
 of income due 
 so as to be 
 capitalised. 
 
 Habendum. 
 
 Upon trust for 
 wife until the 
 marriage. 
 
 Second 
 testatum, 
 Trusts after 
 marriage. 
 
 For investment 
 and varying 
 investments. 
 
 310 PRECEDENTS. 
 
 freehold, copyhold, and leasehold estates of the said 
 testator at &c., and of the testator’s residuary personal 
 estate (if any) : 
 
 And also all arrears of income which on the day of the 
 solemnization of the said marriage shall be due to the 
 said C. D. in respect of the said shares and premises 
 hereby assigned, and so that such arrears of income shall, 
 as from the day of the said marriage, merge in and be 
 added to and considered as part of the capital of the said 
 shares and premises hereby assigned, 
 
 TO HAVE AND RECEIVE the premises unto the trustees 
 Upon trust for the said C. D. until the said intended 
 marriage, and after the solemnization thereof upon the 
 trusts hereinafter declared concerning the same. 
 
 AND THIS INDENTURE ALSO WITNESSETH that in 
 obedience to the said order, and in consideration of the said 
 intended marriage, the said C. D. hereby directs (a), 
 and the trustees hereby declare and do agree with the 
 other parties hereto, That the trustees will after the 
 solemnization of the said intended marriage stand pos- 
 sessed of the said shares, arrears of income, and premises 
 hereinbefore assigned to them Upon the trusts following, 
 (that is to say,) 
 
 Upon trust that the trustees or the survivors or sur- 
 vivor of them, or the executors or administrators of such 
 survivor, or other the trustees or trustee for the time 
 being of these presents, hereinafter called the trustees or 
 trustee, shall either permit the said shares, arrears of 
 income, and premises hereinbefore assigned, or any part 
 thereof, to remain in their present investments or con- 
 dition, or shall as soon as convenient obtain payment or 
 
 transfer of the moneys or investments representing the 
 
 premises or any of them, or any part or parts thereof, 
 when and as the same shall respectively become payable or 
 transferable, and as regards investments of which transfer 
 
 (a) This being a settlement of the wife’s property only, in which 
 under the M. W. P. A. the husband would take no interest, he does not 
 concur in directing. 
 
PRECEDENTS. 311 
 
 shall be so obtained, shall either retain the same or shall, 
 with the consent of the said Lord B. and C. D. during 
 their joint lives, or of the survivor of them during his or 
 her life, and after the death of the survivor at the discre- 
 tion of the trustees or trustee, sell, call in, or convert into 
 money the same or any of them, and shall with the like 
 consent or at the like discretion invest the money arising 
 thereby, and also any money received in respect of the 
 premises, in the names or name of the trustees or trustee 
 
 In [Investment Clause, Form No. 18.] 
 
 AND IT IS HEREBY AGREED that the trustees or 
 trustee shall stand possessed of the premises hereinbefore 
 assigned, or the investments representing the same, here- 
 inafter called the trust fund, and of the annual income 
 thereof, Upon the trusts following, (that is to say,) 
 
 [Trust for wife for life, and then for husband for life, 
 Form No. 21.| 
 
 And after the death of the survivor of the said C. D. 
 and Lord B., Iv 18 HEREBY AGREED that the capital of 
 the trust fund shall be held In trust for [éssue of mar- 
 riage, as husband and wife or survivor shall appoint, from 
 Form No. 24, first clause. | 
 
 And in default of and until and subject to any such 
 appointment, In trust for all or any of the children of the 
 said intended marriage (except an eldest or only son, and 
 except any other son who before attaining the age of 
 twenty-one years shall succeed to the title of Baron B.), 
 who being sons or a son attain the age of twenty-one 
 years, or being daughters or a daughter attain that age 
 or marry under it, and if more than one in equal shares ; 
 and if there should be no child who attains a vested 
 - interest under the aforesaid trust in default of appoint- 
 ment, then In trust absolutely for the first or only son (if 
 any) of the said intended marriage who attains the age of 
 twenty-one years and also succeeds to the title of Baron B. 
 _ | Hotchpot clause from Form No. 24. , 
 
 Advancement clause, Form No. 26. | 
 
 AND IT IS HEREBY AGREED that if there shall be no 
 child of the said intended marriage who attains a vested 
 
 SETTLEMENTS. 
 O. 
 XXXITI. 
 
 INFANT’S 
 SETTLEMENT. 
 
 Trusts to pay 
 income to wife 
 for her life, 
 and then to 
 husband for 
 his life. 
 
 Then for issue 
 of marriage as 
 husband and 
 wite or 
 survivor shall 
 appoint. 
 
 In default of 
 appointment 
 to all children 
 of marriage, 
 except son, 
 succeeding to 
 title. If he 
 is only child, 
 then for him. 
 
 Trust in 
 default of 
 children fer 
 wite. 
 
SETTLEMENTS. 
 O. 
 XXXII, 
 
 INFANT’S 
 SETTLEMENT, 
 
 Direction to 
 raise money 
 for the outfit 
 of wife, and 
 costs, 
 
 Statement in 
 writing as to 
 amount to be 
 conclusive. 
 
 Bae PRECEDENTS. 
 
 interest under the trusts in default of appointment 
 hereinbefore contained, then subject to the trusts and 
 powers herein contained, the trust fund, and the income 
 and statutory accumulations (if any) of the income 
 thereof, or so much thereof respectively as shall not have 
 become vested or been applied under any trust or power 
 herein contained or under any statutory power, shall 
 after the death of the said [husband], and such failure of 
 children as aforesaid, be held In trust [trusts of the 
 wifes trust fund, Form No. 30, but say, the trust fund, 
 instead of the wite’s trust fund }. 
 
 PROVIDED always, and it is hereby agreed, that the 
 trustees or trustee shall after the solemnization of the 
 said marriage, out of the trust funds coming to their hands 
 under these presents, raise the following sums and apply 
 or pay the same as hereinafter mentioned, (that is to say,) 
 
 First, the trustees or trustee shall and they or he are 
 hereby required to raise a sum of £ and to pay 
 the same to the aforesaid guardians of the said C. D. or 
 the survivor of them, to be by them or him applied in 
 discharging the cost of the outfit of the said C. D. pre- 
 paratory to her marriage, and all liabilities connected 
 therewith, and the surplus (if any) of the said sum of 
 £& , after answering the purposes aforesaid, shall be 
 paid by the said guardians or guardian to the said C. D., 
 but the receipt of the said guardians or guardian shall be 
 a complete discharge to the trustees or trustee for the 
 said sum of £ : 
 
 Secondly, the trustees or trustee shall and they or he 
 are hereby required to raise such sum as they or he 
 shall deem proper for the purpose of discharging the 
 costs and expenses of all parties of and incidental to the - 
 preparation, execution, and completion of these presents, 
 and the hereinbefore mentioned indenture of even date 
 herewith, and of and incidental to any proceedings in 
 the said action of D. v. M. with reference thereto or to 
 the said marriage, and the statement in writing of the 
 trustees or trustee as to the amount of all such costs and 
 expenses shall be conclusive that the amount mentioned 
 
PRECEDENTS. ola 
 
 in such statement is the proper amount, and shall be 
 binding on all persons claiming under these presents, 
 And the amount so to be raised as aforesaid shall be 
 applied by the trustees or trustee in discharge of the 
 costs and expenses aforesaid. 
 
 [Add power for wife to make a settlement on future 
 marriage, Form No. 33 ; Agreement to settle other property 
 of wife, Form No. 35 (a); Power to husband and wife and 
 survivor to appoint new trustees, Form No. 46; and other 
 powers and provisions required, from Preced. XXXI. ante. | 
 
 In witness &e. 
 
 (a) The Infants’ Settlement Act (18 & 19 Vict. c. 48) enables a 
 female infant with the sanction of the Court, if she has attained seven- 
 teen years of age, to settle or contract to settle, her own property and 
 property over which she has any power of appointment at the date of 
 the settlement, whether in possession, reversion, remainder, or expect- 
 ancy, except where the power is expressly declared not to be exercisable 
 during infancy, or where the infant being tenant in tail dies under 
 twenty-one. But there is no power in the Act to bind any future 
 property, that is, property to which she is not entitled in reversion, 
 remainder, or expectancy at the date of the contract, but which may 
 devolve on her during the coverture. 
 
 It is however conceived that the infant would on attaining twenty- 
 one be bound to elect whether her covenant to settle shall bind future 
 property or not, inasmuch as the principle of Willoughby v. Middleton, 
 2J. & H. 344, and Smith v. Lucas, 18 Ch. D. 581, is extended by the 
 M. W. P. A., s. 2, to the future property of the wife, so that in 
 electing to confirm the covenant she binds her future property, which 
 she is not restrained from anticipating: see Smith v. Lucas, ubi sup., 
 Ariepiee yet 5 <1 
 
 If the infant’s agreement to settle other property is not made with 
 the sanction of the Court, she would be bound to elect as to all the 
 property, present and future, included in the agreement. 
 
 ANTE-NUPTIAL SETTLEMENT OF PoLicy oN HvUsBAND’S 
 Lire. (Wetnessing part.) VARIATION where hus- 
 -band DEMISES his LIFE INTEREST in settled lands to 
 SECURE PAYMENT of the PREMIUMS. 
 
 [Prior witnessing parts of settlement by husband of the 
 husband’s trust fund, and by wife of the wife’s trust fund, 
 as in Preced. XXXI_; or witnessing part of settlement by 
 
 SETTLEMENTS. 
 
 No. 
 XXXIIL 
 
 INFANT’S 
 SETTLEMENT. 
 
 Effect of agree- 
 ment by infant 
 to settle other 
 
 property. 
 
 Election by 
 infant, 
 
 No. 
 XXXIV. 
 
 POLICY ON 
 HUSBAND’S 
 LIFE. 
 
SETTLEMENTS. 
 
 0. 
 XXXIV. 
 
 Assignment of 
 policy on 
 husband’s life. 
 
 314 PRECEDENTS. 
 
 wife of the trust fund, her settled fund being the only fund 
 settled and so called, as in Preced. XX XIII. | 
 
 AND THIS INDENTURE ALSO WITNESSETH that in con- 
 sideration of the said intended marriage the said | husband | 
 AS SETTLOR hereby assigns unto the trustees 
 
 ALL THAT POLICY of assurance effected in his own 
 
 name and on his own life for the sum of £ with 
 the Insurance Company, dated the day of 
 
 , numbered , and at the annual premium of 
 & , and the said sum of £ and all other 
 
 money to become payable thereunder : 
 
 To HoLD to the trustees Upon trust that the trustees 
 or trustee (a) shall as soon as may be after the death 
 of the said [husband] get in and receive the money 
 thereby assured, and stand possessed of the net residue 
 thereof after discharging all costs and expenses of re- 
 covering and receiving the same, UPON THE TRUSTS, and 
 subject to the powers and provisions hereinbefore de- 
 clared concerning money forming part of the husband’s 
 trust fund [or if there be no such fund settled, say, the 
 trust fund in favour of the said [wife] and the issue of 
 the said intended marriage, but with this variation (0), 
 That if there should be no child of the said intended 
 marriage who attains a vested interest under the trusts 
 hereinbefore contained in default of any appointment by 
 the said [husband] and [wife], or the survivor of them, 
 then subject to the trusts and powers herein contained, 
 the said policy or the money received thereunder and 
 the investments representing such money and the income 
 and statutory accumulations (if any) of the income thereof, 
 or so much thereof respectively as shall not have become 
 vested or been applied under any trust or power herein- 
 before contained or under any statutory power, shall be 
 held in trust for the said [husband] absolutely | (c). 
 
 [Add covenant by husband to keep up policy, Form 
 No. 34]. 
 
 In witness, &e. 
 
 (a) These words are used on the assumption that the expression 
 “trustees or trustee” has been previously defined as in Preced. XXXI.. 
 p. 300, or Preced. XXXIII. p. 310. 
 
PRECEDENTS. OLD 
 
 Notice of this assignment should be given to the Insurance Com- 
 pany. 
 
 (b) This variation applies only if there is no husband’s trust fund 
 settled. 
 
 (c) Where the husband demises his life interest in settled lands to 
 secure the payment of the premiums on the policy, add to the recitals 
 in the earlier part of the deed the following :— 
 
 And whereas under the will of deceased, 
 dated &c. and proved in the Principal Probate Registry 
 on &e. the said [husband] is entitled in possession for his 
 life without impeachment of waste to the lands and 
 
 hereditaments hereinafter demised, And it has been — 
 
 agreed that he should make such demise thereof as 
 hereinafter appearing. 
 
 And the witnessing part immediately following the above assign- 
 ment should be as follows :— 
 
 AND THIS INDENTURE ALSO WITNESSETH that in pur- 
 suance of the said agreement in this behalf and in 
 consideration of the said intended marriage the said 
 [husband | AS SETTLOR hereby grants and demises unto the 
 trustees hereinbefore named All &ec. T'’o HOLD unto the 
 trustees for the term of 99 years from the day next before 
 the date of these presents if the said [husband] shall so 
 long live without impeachment of waste, Upon trust for 
 the said [husband] until the solemnization of the said 
 marriage, And after the solemnization thereof Upon 
 trust out of the rents and profits of the said demised 
 premises to raise and pay any money which may become 
 payable by the said [husband] under his covenant here- 
 after contained with reference to the said policy herein- 
 before assigned or any policy or policies to be substituted 
 in lieu thereof, And also to raise and pay any otler 
 money hereinafter authorized to be raised and paid out 
 of such rents and profits for purposes connected with any 
 such policy [¢.e. under Form No. 34, see neat note], And it 
 is hereby agreed that subject to the trusts aforesaid the 
 trustees or trustee shall pay the rents and profits of the 
 said premises hereby demised or so much thereof as shall 
 not from time to time be required to answer the trusts 
 
 SETTLEMENTS. 
 
 0. 
 XXXIV. 
 
 Recital of hus- 
 band’s life 
 interest. 
 
 Further 
 testatum, 
 Demise of life 
 interest, 
 
SETTLEMENTS. 
 No. 
 XXXITY. 
 
 No. 
 XXXYV. 
 
 TRANSFER OF 
 MORTGAGE. 
 
 Parties. 
 
 Recitals. 
 Intended 
 marriage. 
 That mortgage 
 debt still due 
 with interest. 
 
 Agreement for 
 transfer. 
 
 First 
 testatum. 
 
 Whentransfers 
 may be by 
 supplemental, 
 or indorsed 
 deed, 
 
 316 PRECEDENTS. 
 
 aforesaid unto or permit the same to be received by the 
 said [husband ]. 
 
 Where a life interest is demised, as in note (c), the following 
 words should be added to the power of the trustees to keep up or 
 
 restore the policy or effect a new policy in the second clause of Form 
 No. 34 after the word 
 
 “ discretion,” 
 raise and pay out of the rents and profits of the heredita- 
 
 ments hereinbefore demised, or if such rents and profits 
 be insufficient, then | continue as in Form No. 34]. 
 
 TRANSFER of a Morreace in contemplation of the 
 marriage of the mortgagee. 
 
 Tus INDENTURE [indorsed (a) on a mortgage dated &e., 
 1880, to secure to the intended wife, then F. B., £3000 and 
 interest| made the &ec., between the within named F. B. 
 [| wefe| of the first part, D. D. of &e. [husband] of the second 
 part, and Sir F. B. of &., Baronet, Arthur D. of &e., and 
 H. D. B. of &c., which three last named persons are 
 hereinafter called the trustees, of the third part: 
 
 Whereas a marriage has been agreed on and is intended 
 to be solemnized between the said I’. B. and D. D.: 
 
 And whereas the within mentioned sum of £3000 with 
 the current half-year’s interest thereon, is owing to the 
 said I. B. on the security of the within written inden- 
 ture : 
 
 And whereas upon the treaty for the said marriage it 
 was agreed that the said sum of £3000 and the interest 
 thereon, and the securities for the same, should be trans- 
 ferred to the trustees upon the trusts and under and 
 subject to the powers and provisions hereinafter contained 
 or referred to. 
 
 Now THIS INDENTURE WITNESSETH that in pursuance 
 
 (a) Transfers of mortgages to trustees, as in the case in the text, or 
 on the appointment of new, or the retirement and discharge of old, 
 trustees, may be made by indorsement where circumstances admit, 
 since no money passes, but if a transfer has to be sent to different 
 places for execution it is safer to effect it by supplemental deed than 
 risk the loss of the mortgage deed. 
 
PRECEDENTS, Olt 
 
 of the said agreement, and in consideration of the said 
 intended marriage, the said I’. B., AS MORTGAGEE, with 
 the approbation of the said D. D., hereby assigns 
 
 ALL that the principal sum of £3000 so owing to the 
 said I’. B. on the security of the within written indenture, 
 and all interest due and to become due thereon, and the 
 benefit of, and the right to exercise and enforce, all 
 powers and securities for compelling payment of the 
 same : 
 
 To HOLD unto the trustees In Trust for the said F. B. 
 until the said intended marriage, and after the solemniza- 
 tion thereof UPON THE TRUSTS and under and subject to 
 the powers and provisions declared concerning the same 
 by an indenture intended to bear even date herewith 
 and to be made between &c. [the marriage settlement. | 
 
 AND THIS INDENTURE ALSO WITNESSETH that in further 
 pursuance of the said agreement, and for the considera- 
 tion aforesaid, the said FE’. B. As MORTGAGEE, with the 
 approbation of the said D. D., hereby conveys unto the 
 trustees 
 
 Att the messuages, lands, and hereditaments com- 
 prised in and conveyed by the within written indenture, 
 
 To HOLD unto and to the use of the trustees in fee 
 simple, subject to the right of redemption subsisting 
 under the within written indenture on payment of the 
 said sum of £3000 and the interest thereon : 
 
 AND IT IS HEREBY DECLARED that the power of appoint- 
 ing new trustees of these presents shall be exercisable by 
 the said D. D. and F. B. during their joint lives, and by 
 the survivor of them during his or her life. 
 
 In witness, &e. 
 
 This transfer is an independent trust deed, and contains a separate 
 power to appoint new trustees, so that the settlement is not brought on 
 the title to the estate. The money, being settled upon trusts, is 
 necessarily held by the trustees ona joint account. If the transfer 
 were after the settlement, to secure settlement money, it should be a 
 transfer to the transferees on a joint account, without disclosing the 
 trusts. 
 
 This being a mere transfer of mortgage no covenant is required 
 except by the wife as mortgagee. 
 
 SETTLEMENTS. 
 
 0. 
 XXXY. 
 
 Habendum. 
 
 Second 
 testatum, 
 
 Habendum, 
 
 Power to 
 appoint new 
 trustees. 
 
NEW 
 TRUSTEES. 
 
 No. 
 XXXVI. 
 
 NEW TRUSTEES 
 OF SETTLE- 
 MENT. 
 
 Parties. 
 
 Recitals. 
 Of purchase of 
 a residence, 
 
 What the 
 residue con- 
 sists of, 
 
 Wife’s trust 
 fund not in 
 possession : 
 
 318 PRECEDENTS. 
 
 SECT, VI. 
 
 APPOINTMENT, RETIREMENT, AND DISCHARGE OF 
 TRUSTEES. 
 
 APPOINTMENT by Supplemental Deed of New TrustrEs 
 of the Settlement, Preced. XXXJ. ante, under C. A. 
 s. 31; and DECLARATION VESTING the RIGHT TO 
 RECOVER part of the trust property under C. A. 
 s. 34 (1). 
 
 Tuts INDENTURE made &c., between A. D. of &e., and 
 B. D. his wife [donees of the power] of the first part, M. 
 of &e., and N. of &c. [the new trustees] of the second 
 part, and Y. of &e., Z. of &c. [the continuing trustees], 
 and the said M. and N. of the third part, and supple- 
 mental to an indenture dated &c., and made between &e. 
 hereinafter called the principal indenture (being a settle- 
 ment made previously to the marriage then intended and 
 since solemnized between the said A. D. and B. D.) 
 [| Preced. XXXI. ante| and of which principal indenture 
 W. and X., and the said Y. and Z are the trustees: 
 
 Whereas the sum of £ , being money repre- 
 senting part of the husband’s fund settled by the prin- 
 cipal indenture, has been sold and has been invested 
 under a power for that purpose therein contained, in the 
 purchase and in defraying the costs of the purchase of a 
 messuage and hereditaments situated at &c., and which 
 by an indenture dated &c. were conveyed to the trustees 
 of the principal indenture upon trust for sale, and for 
 disposition of the net proceeds of sale in accordance with 
 the terms of that indenture | Preced. XXXIJI.|: 
 
 And whereas the investments representing the residue 
 of the husband’s trust fund now consist of the invest- 
 ments mentioned in the schedule hereto standing in the 
 joint names of the same trustees: 
 
 And whereas no part of the wife’s trust fund settled by 
 the principal indenture has yet fallen into possession : 
 
PRECEDENTS. 319 
 
 And whereas the said W. has been resident out of 
 the United Kingdom for more than twelve calendar 
 months (a): 
 
 And whereas the said X. is now a person of unsound 
 mind, duly found so by inquisition : 
 
 And whereas the said A. D. and B. D. are desirous of 
 appointing the said M. and N. to be trustees of the 
 principal indenture in the place of the said W. and X.: 
 
 And whereas it is intended that as soon as may be 
 after the execution of these presents the investments 
 mentioned in the schedule hereto shall be trans- 
 ferred (b) into the joint names of the said Y., Z., M., 
 and N. as trustees of the principal indenture: 
 
 And whereas it is also intended that by an indenture 
 bearing even date herewith and made between the same 
 parties and in the same order and supplemental to the 
 said indenture of &c. [the conveyance of the residence, 
 Preced. XXXITI_|, the said M.and N. shall under a power 
 for the purpose contained in the same indenture be ap- 
 pointed trustees thereof in the place of the said W. and 
 X.,and that the said indenture of even date shall contain 
 the proper declaration for vesting in the said Y., Z., 
 M. and N. the messuage and hereditaments comprised 
 in the said indenture to which it is to be supplemental : 
 
 Now THIS INDENTURE WITNESSETH that the said A. D. 
 and B. D. in exercise of the power for this purpose 
 given to them by the principal indenture and of every 
 other power enabling them, hereby appoint the said 
 M. and N. to be trustees of the principal indentuie 
 in the place of the said W. and X., and jointly with the 
 said Y. and Z. for all the purposes of the principal 
 indenture. | 
 
 AND THIS INDENTURE ALSO WITNESSETH that the said 
 A. D. and B. D., with the assent of the said Y. and Z., 
 hereby declare that all chattels and also the right to 
 recover and receive all debts and other things in action 
 
 (a) Evidence of this fact should be obtained and preserved. 
 (b) As to the necessity for these transfers, see C. A. s. 34 (3), 
 
 NEw 
 TRUSTEES. 
 
 No. 
 XXXVI. 
 
 W. resident 
 abroad, 
 
 X. a lunatic. 
 
 Intention to 
 appoint new 
 trustees and 
 transfer 
 
 investments : 
 
 Intention to 
 appoint new 
 trustees 
 
 of residence 
 purchased. 
 
 First 
 testatum, 
 Appointment 
 
 of new trustee. 
 
 Second 
 testatum. 
 
 Declaration 
 vesting 
 right to 
 chattels &c. 
 
NEw 
 TRUSTEES. 
 
 No declaration 
 of trust 
 necessary. 
 
 Execution by 
 W. or appli- 
 cation in 
 lunacy un- 
 necessary. 
 
 Assent of 
 continuing 
 trustees not 
 necessary. 
 
 No. 
 XXX VII. 
 
 NEw TRUSTEES 
 OF RESIDENCE. 
 
 Parties. 
 
 Recitals. 
 
 W. resident 
 abroad, 
 
 X. a lunatic. 
 
 First 
 testatum. 
 
 320 | PRECEDENTS. 
 
 subject to the trusts of the principal indenture, shall 
 forthwith vest in the said Y., Z., M., and N. as trustees 
 of the principal indenture and as joint tenants for the 
 purposes and upon the trusts thereof. In witness, &e. 
 
 THE SCHEDULE ABOVE REFERRED TO. 
 
 List of investments representing the husband’s trust fund 
 other than the messuage and lands purchased. 
 
 It is unnecessary now to add a declaration of trust of the stocks and 
 shares to be transferred. ‘The only object of that trust formerly was to 
 make a debt by breach of trust a specialty debt. Now by statute 
 32 & 33 Vict. c. 46, specialty debts have no priority. 
 
 The effect of the declaration as to vesting is to make it unnecessary 
 to send the deed abroad for execution by W., or to apply in the lunacy 
 of X. for a vesting order, but the transfer of copyholds or mortgages or 
 stocks or shares must be obtained as before the C, A., see s. 34 (8). 
 
 The assent of the continuing trustees to the declaration on the ap- 
 pointment of new trustees is not required by the Act, but it is desirable 
 to shew by the deed that they do assent. 
 
 APPOINTMENT by Supplemental Deed of New TRusTEEs 
 of the RESIDENCE purchased by Settlement Trustees 
 [ Preced. XXXII. ante|; and DECLARATION VESTING 
 it under C. A. s. 34 (1). 
 
 Tus INDENTURE made &c., between &c. | the same date 
 and parties as last Precedent|, and supplemental to an 
 indenture hereinafter called the principal indenture, dated 
 &c. and made &c., whereby a messuage and hereditaments 
 situated at &c. were conveyed to the said W., X., Y., and 
 
 Z. as trustees upon trust for sale [ Precedent XXXII. ] 
 
 Whereas the said W. has been resident out of the 
 United Kingdom for more than twelve calendar months: 
 
 And whereas the said X. is now a person of unsound 
 mind, duly found so by inquisition 
 
 And whereas the said A. D. and B. D. are desirous of 
 appointing the said M. and N. to be trustees of the 
 principal indenture in place of the said W. and X. 
 
 Now THIS INDENTURE WITNESSETH that the said A. D. 
 
PRECEDENTS. ook 
 
 and B. D., in exercise of the power for this purpose given 
 to them by the principal indenture and of every other 
 power enabling them, hereby appoint the said M. and N. 
 to be trustees of the principal indenture in the place of 
 the said W. and X. and jointly with the said Y. and Z. 
 for all the purposes of the principal indenture. 
 
 AND THIS INDENTURE ALSO WITNESSETH that the said 
 A. D. and B. D., with the assent of the said Y. and Z., 
 hereby declare that all the estate and interest of the 
 said W., X., Y., and Z. and each of them, in the messuage 
 and hereditaments now subject to the trusts of the prin- 
 cipal indenture shall forthwith vest in the said Y., Z., M., 
 and N.as trustees of the principal indenture and as joint 
 tenants for the purposes and upon the trusts thereof. In 
 witness &c. 
 
 The effect of this declaration is to make it unnecessary to send 
 abroad the conveyance for execution by W., or to apply in the lunacy 
 
 of X. for a vesting order. 
 If the property is within any registry district the deed must be regis- 
 
 tered there: C. A. s. 34 (4). 
 As to the assent of the continuing trustees, see n. to last precedent. 
 
 APPOINTMENT OF A New TRUSTEE of the MortTGaGcr 
 Dest settled by Precedent XXXY., and TRANSFER 
 of the Mortcaas, the trusts being disclosed. 
 
 Tus INDENTURE made &c. between D. D. of &c. and 
 F. D. his wife [donees of power | of the first part, H. D. B. 
 of &e. [retiring trustee| of the second part, X. of &e. [new 
 trustee] of the third part, and Sir F. B. of &e, Bart. 
 A. D. of &c. [continuing trustees], and the said X. of the 
 fourth part: 
 
 Whereas this indenture is supplemental to an inden- 
 ture of transfer of mortgage hereinafter called the 
 principal indenture dated &c., and made between the 
 said F. D., then F. B., of the first part Wc. | the settlement 
 
 of the mortgage debt of £3000, Preced. XXXV.|, for secur- 
 y 
 
 NEW 
 TRUSTEES. 
 
 O. 
 XXXVII. 
 Appointment 
 
 of new 
 trustees. 
 
 Second 
 testatum. 
 Declaration as 
 to vesting. 
 
 Execution by 
 X. or appli- 
 cation in 
 lunacy un- 
 necessary. 
 
 Registration. 
 
 No. 
 XXX VIII. 
 
 NEw TRUSTEE 
 oF A Mort- 
 GAGE DEBT 
 
 AND TRANSFER 
 
 OF MORTGAGE. 
 
 Parties. 
 
 Recitals 
 
 that the deed 
 is supple- 
 mental to 
 transfer of 
 mortgage. 
 
NEW 
 TRUSTEES. 
 
 0. 
 XXXVITI 
 
 That principal 
 sum and 
 interest still 
 due. 
 
 Desire of 
 trustee to be 
 discharged. 
 
 First 
 testatum., 
 Appointment 
 of new trustee. 
 
 Second 
 testatum. 
 Assignment of 
 mortgage debt. 
 
 Habendum. 
 
 Third 
 testatum. 
 Conveyance. 
 
 Habendum. 
 
 322 PRECEDENTS. 
 
 ing the payment to the parties thereto of the third part 
 the principal sum of £3000 and interest, and indorsed 
 on an indenture of mortgage dated &c. 1880, and made 
 between &c. : 
 
 And whereas the said sum of £3000 secured by the 
 principal indenture, with the current interest thereon, is 
 still due to the said Sir F. B., A. D. and H. D. B. upon 
 the security of the principal indenture : 
 
 And whereas the said H. D. B. is desirous of being 
 discharged from the trusts of the principal indenture, 
 and the said D. D. and F. D. are desirous of appointing 
 the said X. in his place as trustee thereof: 
 
 Now THIS INDENTURE WITNESSETH [appointment by 
 D. D. and F. D. of X. in the place of H. B. D., adapting 
 the last Precedent |: 
 
 AND THIS INDENTURE ALSO WITNESSETH that the said 
 Sir F. B. A. D. and H. D. B. as trustexs hereby 
 assign unto Sir I’. B., A. D. and X (a) 
 
 All that the principal sum of £3000 now owing on 
 the security of the principal indenture, and all interest 
 due and to become due thereon, and the full benefit 
 of and the right to exercise and enforce all powers and | 
 securities for compelling payment of the said sum and 
 interest ; 
 
 TO HAVE AND RECEIVE the same unto the said Sir 
 F. B, A. D., and X. 
 
 Upon the trusts by the principal indenture declared 
 or referred to concerning the same ; 
 
 AND THIS INDENTURE ALSO WITNESSETH that the said 
 Sir F. B, A. D., and H. D. B., as TRustTEEs, hereby 
 convey unto the said Sir F. B., A. D., and X. (6) 
 
 All the hereditaments comprised in-and conveyed by 
 the said indenture of mortgage of &c. 1880, and the 
 principal indenture : 
 
 To HOLD unto and to the use of the said Sir F. B., 
 A. D., and X. in fee simple Subject to the right of 
 redemption subsisting therein on payment of the said 
 sum of £3000, and the interest thereon. 
 
 In witness We. 
 
PRECEDENTS. awe 
 
 The transfers of mortgages in this and the next precedent are 
 necessary because a vesting declaration under C. A. s. 34 does not 
 apply to mortgages: see subs. 3. 
 
 (a) This assignment is made under 22 & 23 Vict. c. 35, s. 21. 
 (b) This conveyance is made under C, A. s. 50. In reference to this 
 and the last note, see the second note to that section, ante. 
 
 TRANSFER OF A MorTGAGE on the appointment of a 
 new trustee, the trust not being disclosed. 
 
 THis INDENTURE made &c., between H. B. of &e., 
 M. D. of &c., and D. B. of &e., hereinafter called the 
 mortgagees, of the one part, and R. P. of &c., A.S. of &e., 
 and X. of &c., hereinafter called the transferees, of the 
 other part, supplemental to an indenture of mortgage, 
 hereinafter called the principal indenture, dated &ec., and 
 made &c. for securing to the mortgagees the sum of £5000 
 and interest on property situated at &e. 
 
 Whereas the said sum of £5000 is still due on the 
 security of the principal indenture with the current half- 
 year’s interest thereon, which sum and the interest now 
 belong to the transferees on a joint account. 
 
 Now THIS INDENTURE WITNESSETH that in considera- 
 tion of the premises the mortgagees, AS MORTGAGEES, 
 hereby assign unto the transferees 
 
 All that the sum of £5000 now owing on the principal 
 indenture, and all interest due and to become due thereon, 
 and the full benefit of and the right to exercise and 
 enforce all powers and securities for compelling payment 
 of the said sum and interest ; 
 
 TO HAVE AND RECEIVE the same unto the transferees 
 absolutely on a joint account. 
 
 AND THIS INDENTURE ALSO WITNESSETH that for the 
 consideration aforesaid the mortgagees, AS MORTGAGEES, 
 hereby convey unto the transferees : 
 
 All the hereditaments comprised in and conveyed. by 
 the principal indenture, 
 
 Yu 
 
 NEW 
 TRUSTEES. 
 
 0. 
 XXX VITI 
 
 No. 
 XXXIX. 
 
 TRANSFER OF 
 MORTGAGE. 
 
 Parties. 
 
 Recital that 
 money still 
 due on the 
 mortgage 
 and belongs 
 to the trans- 
 ferees. 
 
 First 
 testatum. 
 Assignment of 
 debt. 
 
 Habendum. 
 
 Second 
 testatum. 
 Conveyance, 
 
NEW 
 TRUSTEES. 
 
 No. 
 XXXIX. 
 
 No. 
 V.O:O.4 DOS 
 
 SEPARATE 
 TRUSTEES. 
 
 Parties. 
 
 Recitals. 
 
 Will. 
 
 324 PRECEDENTS. 
 
 To HOLD unto and to the use of the transferees in fee 
 simple, Subject to the right of redemption subsisting 
 therein on payment of the said sum of £5000 and the 
 interest thereon. 
 
 In witness &e. 
 
 See first note at the end of last Precedent. 
 
 APPOINTMENT of SEPARATE TRUSTEES under a will 
 under C. A., 1882, s..5. 
 
 Tus INDENTURE made &c. between M. of &e. [sur- 
 viving trustee] of the first part, L. of &c. [new trustee] of 
 the second part and X. of &e. and Y. of &c. [new and 
 separate trustees] of the third part : 
 
 Whereas T. T. late of &., by his will dated &c., 
 appointed the said M. and N. since deceased executors 
 and trustees thereof, and bequeathed the residue of his 
 personal estate to the said M. and N. Upon trust to sell 
 the said real estate (including chattels real), and call in, 
 sell, and convert into money such part of his personal 
 estate as should not consist of money; And out of the 
 money to arise thereby and out of his ready money to 
 pay his funeral and testamentary expenses and debts 
 and legacies and to invest the residue of the said money 
 as therein mentioned, With power to vary securities and 
 to pay the annual income thereof to his wife 8S. T. (since 
 deceased) during her life, And after her death the capital 
 of one moiety was directed to be held Upon trust to pay 
 the annual income thereof to his daughter Jane D. the 
 wife of &c. during her life without power of anticipation 
 during any coverture, And after her death Upon trusts for 
 the benefit of the issue of the said Jane D., And the 
 capital of the other moiety was directed to be held Upon 
 trust to pay the annual income thereof to his daughter 
 Mary E. the wife of &c. during her life, without power of 
 anticipation during any coverture, And after her death 
 Upon trusts for the benefit of the issue of the said 
 Mary E.: 
 
PRECEDENTS. O28 
 
 And whereas the said testator died on &e. without 
 having revoked or altered his said will, which was on &e. 
 proved by the said executors in the Principal Probate 
 Registry : 
 
 And whereas the said M. and N. have sold all the real 
 estate of the said testator, and have converted so much 
 of his personal estate as did not consist of ready 
 money, and have paid his funeral and testamentary ex- 
 penses and debts and legacies, and have invested the 
 residue of the said money in the purchase of the Pre- 
 ference and Debenture Stocks mentioned in the Schedule 
 hereto: 
 
 And whereas the said S. T. died on &c. and the said 
 N. died on &c. 
 
 And whereas no person is nominated by the said will 
 to appoint new trustees thereof after the death of the 
 said 8. T. 
 
 And whereas the said M. as the surviving trustee of 
 the said will is desirous of appointing the said L. a 
 trustee thereof in the place of the said N. deceased, and 
 also of appointing the said X. and Y. as separate trustees 
 of the moiety of the said testator’s residuary estate held 
 in trust for the said Jane D. and her issue as herein- 
 before mentioned : 
 
 And whereas it is intended that as soon as conveniently 
 may be the said M. shall sell so much of the Preference 
 Stock in the Railway Company mentioned in the 
 Schedule hereto as shall be sufficient to pay the costs of 
 and incidental to the preparation and execution of these 
 presents, and of the transfers hereinafter referred to or 
 otherwise incurred in the execution of the trusts of the said 
 will, And shall transfer (a) one moiety of the residue of 
 the investments mentioned in the Schedule hereto into 
 the names of the said X. and Y. to be held by them Upon 
 the trusts affecting the one moiety of the residuary estate 
 of the said testator held in trust for the said Jane D. and 
 her issue, And transfer (a) the remaining moiety of the 
 said residue of investments into the names of the said 
 M. and L. Upon the. trusts affecting the other moiety of 
 
 NEw 
 TRUSTEES. 
 
 No. 
 XXXITXA. 
 
 SEPARATE 
 TRUSTEES. 
 
 Death of 
 testator and 
 probate. 
 
 Investment of 
 residuary 
 estate. 
 
 Death of tes- 
 tator’s widow 
 and one trustee. 
 No power by 
 will to appoint 
 new trustee. 
 
 Intention to 
 appoint a new 
 trustee of will 
 and a separate 
 set of trustees 
 of one moiety 
 of the trust 
 fund. 
 
 And to transfer 
 the moieties, 
 
NEW 
 TRUSTEES. 
 
 No. 
 XXXIXa. 
 
 SEPARATE 
 TRUSTEES. 
 
 First testatum. 
 Appointment 
 of anew trustee 
 of will. 
 
 Second 
 testatum. 
 Appointment 
 of separate 
 trustees as to 
 one moiety. 
 
 RETIREMENT 
 AND 
 DISCHARGE OF 
 TRUSTEES. 
 
 No. XL. 
 
 Parties. 
 
 326 PRECEDENTS. 
 
 the said residuary estate held in trust for the said Mary 
 Hi. and her issue. 
 
 Now THIs INDENTURE WITNESSETH that in exercise of 
 the power for this purpose given to him by the Con- 
 veyancing and Law of Property Act, 1881, and of every 
 other power enabling him, the said M. hereby appoints 
 the said L. to be a trustee of the said will of the said 
 T. T. in the place of the said N., and jointly with the 
 said M. for all the purposes of the said will except as 
 regards the moiety of the residuary estate of the said 
 T. T. by his said will directed to be held in trust for the 
 said Jane D. and her issue. 
 
 AND THIS INDENTURE ALSO WITNESSETH that the said 
 M. in exercise of the power for this purpose given to him 
 by the Conveyancing Act, 1882, and of every other 
 power enabling him, hereby appoints the said X. and Y. 
 to be trustees of the will of the said T. T. so far as 
 regards the moiety of his residuary estate by his said 
 will directed to be held in trust for the said Jane D. and 
 her issue. 
 
 In witness &e. 
 
 THE SCHEDULE ABOVE REFERRED TO. 
 
 | To contain a list of investments representing the residuary 
 estate of T. T. deceased. | 
 As to the declaration of trust being unnecessary, see first note at 
 the end of Preced. XXXVI. ante, 
 (a) As to the necessity for these transfers, see C. A., s. 34 (3). 
 
 RETIREMENT AND DiscHARGE of a Trustee under C. A. 
 s. 032; and DECLARATION VESTING the RIGHT TO RE- 
 COVER part of the trust property in the continuing 
 trustees alone under s. 34 (2); by deed supple- 
 mental to the Settlement, Preced. XXXI. ante, and 
 to the appointment of new trustees thereof, Preced. 
 XXXVI. 
 
 THis INDENTURE made We. between A. D. of &c. and 
 Bb. D. his wife [donees of power] of the first part, Y. of 
 
PRECEDENTS. SBP 
 
 &e. [retiring trustee] of the second part, and Z. of &c.,, 
 M. of &., and N. of &c. [continuing trustees] of the third 
 part, and supplemental to an indenture hereinafter called 
 the principal indenture, dated &c., and made between &c., 
 being a settlement made previously to the marriage then 
 intended and since solemnised between the said A. D. 
 and B. D. [Preced. XXXI.|, and of which principal 
 indenture the said W., X., Y., and Z. were trustees, and 
 also supplemental to another indenture, itself supple- 
 mental to the principal indenture, and hereinafter called 
 the supplemental indenture, dated &c., and made between 
 &e., being an appointment of the said M. and N. as 
 trustees of the principal indenture, in place of the said 
 W. and X. [Preced. XXXVI. | 
 
 Whereas the husband’s trust fund other than the mes- 
 suage and hereditaments purchased as mentioned in the 
 supplemental indenture, and other than the sum of cash 
 hereinafter mentioned, now consists of the investments 
 mentioned in the first part of the schedule hereto, and 
 the second part of the same schedule contains a debtor 
 and creditor account shewing the sales and investments 
 made and the receipts and payments of the trustees in 
 respect of the capital of the said trust fund (a); and by 
 such account it appears that there is now a balance of 
 £ cash in the hands of the trustees, standing to 
 their credit at the bank: 
 
 And whereas the wife’s trust fund has not fallen into 
 possession : 
 
 And whereas the said Y. is desirous of being discharged 
 from the trusts of the principal indenture: 
 
 And whereas it is intended that immediately after 
 the execution of these presents the investments men- 
 tioned in the first part of the schedule hereto, and the 
 said cash balance, shall be transferred into the joint 
 names of the said Z., M., and N. alone: 
 
 And whereas it is also intended that by an indenture 
 bearing even date herewith, and made between the same 
 
 (a) This is a better mode of shewing the dealings than recitals. 
 
 RETIREMENT 
 AND 
 DISCHARGE OF 
 TRUSTEES. 
 
 No. XL. 
 
 Recitals. 
 
 State of settled 
 property. 
 
 Desire of 
 trustee to be 
 discharged. 
 
 Intention to 
 transfer 
 investments 
 and cash, and 
 to vest the 
 residence. 
 
RETIREMENT 
 AND 
 DISCHARGE OF 
 TRUSTEES. 
 
 No. XL. 
 
 First 
 testatum. 
 Desire to be 
 discharged. 
 
 Second 
 testatum. 
 Consent to the 
 discharge. 
 
 Third 
 testatum. 
 Declaration 
 vesting the 
 right to 
 recover 
 chattels and 
 choses in 
 action, 
 
 328 PRECEDENTS. 
 
 parties, and in the same order, and supplemental to the 
 conveyance of the aforesaid messuage and hereditaments 
 and to the indenture appointing the said M. and N. to be 
 trustees thereof in place of the said W. and X., the said 
 Y. shall be also discharged from being trustee of the 
 said messuage and hereditaments, and the same shall be 
 vested in the said Z., M., and N. alone as joint tenants 
 and trustees thereof [neat Preced.| : 
 
 Now vruis INDENTURE WITNESSETH that the said Y. 
 by this deed declares that he is desirous of being dis- 
 charged from the trusts of the principal indenture. 
 
 AND THIS INDENTURE FURTHER WITNESSETH that the 
 said A. D., B. D., Z., M., and N. hereby consent to the 
 discharge of the said Y. from the trusts aforesaid, And 
 to the vesting in the said Z., M.,and N. alone of the trust 
 property. 
 
 AND THIS INDENTURE ALSO WITNESSETH that all the 
 parties hereto do and each of them doth hereby declare 
 That all chattels, and also the right of the said Y., Z., M., 
 and N. to recover and receive all debts and things in 
 action subject to the trusts of the principal indenture, 
 shall forthwith vest in the said Z., M.,'and N. alone as 
 trustees of the principal indenture and as joint tenants 
 for the purposes and upon the trusts thereof. 
 
 In witness &e. 
 
 THE SCHEDULE ABOVE REFERRED TO. 
 
 Partials 
 
 Investments representing the part of the husband’s 
 trust fund not invested in the purchase of a residence, 
 and not represented by the cash balance appearing by 
 Part 2. 
 
 Part 2. 
 
 Debtor and creditor account. 
 
PRECEDENTS. 329 
 
 RETIREMENT AND DISCHARGE of a Trustee of the Rest- 
 DENCE purchased by Settlement Trustees, Preced. 
 XXXII. and DECLARATION VESTING it in the con- 
 tinuing trustees alone ; 
 
 Tuis INDENTURE made &c. [same date and parties as 
 the last Precedent. | | 
 
 Whereas these presents are supplemental to an inden- 
 ture hereinafter called the principal indenture, dated 
 &c., and made &c., whereby a messuage and _ heredi- 
 taments situated at &c., were conveyed to the said 
 W., X, Y., and Z., as trustees upon trust for sale 
 [| Preced. XX XII.| And also supplemental to an inden- 
 ture, itself supplemental to the principal indenture, 
 dated &c., and made &c., whereby the said M. and N. 
 were appointed new trustees of the principal indenture 
 in place of the said W. and X. [Preced. XX XVII.]: 
 
 And whereas Y. is desirous of being discharged from 
 the trusts of the principal indenture, 
 
 Now THIS INDENTURE WITNESSETH that Y. by this 
 deed declares that he is desirous of being discharged 
 from the trusts of the principal indenture. 
 
 AND THIS INDENTURE FURTHER WITNESSETH that A. D., 
 B. D., Z., M., and N. hereby consent to the discharge of 
 Y. from the trusts aforesaid, and to the vesting in Z., 
 M., and N. alone of the trust property : 
 
 AND THIS INDENTURE ALSO WITNESSETH that all the 
 parties hereto do and each of them doth hereby declare 
 that all the estate and interest of the said Y., Z., M., and 
 N., and each of them in the messuage and hereditaments 
 now subject to the trusts of the principal indenture 
 shall forthwith vest in the said Z., M., and N. alone as 
 trustees of the principal indenture and as joint tenants for 
 the purposes and upon the trusts thereof. 
 
 In witness &c. 
 
 RETIREMENT 
 AND 
 DISCHARGE OF 
 TRUSTEES. 
 
 No. XLI. 
 
 Parties. 
 
 Recitals that 
 deed is 
 supplemental. 
 
 Desire of 
 trustee to be 
 discharged. 
 
 First 
 testatum. 
 Declaration of 
 desire to be 
 discharged. 
 
 Second 
 testatum. 
 Consent to the 
 discharge. 
 
 Third 
 testatum. 
 Declaration as 
 to vesting. 
 
RETIREMENT 
 AND 
 DISCHARGE 
 OF TRUSTEES. 
 
 No. XLII. 
 
 Parties. 
 
 Third 
 testatum. 
 Declaration as 
 to vesting and 
 right to sue 
 under covenant 
 to surrender. 
 
 330 PRECEDENTS. 
 
 RETIREMENT and DiscHarGe of a Trustee of the FREE- 
 HOLDS and CopyHoups settled in trust for sale 
 previous to Marriage, Preced. XXX. ; And DEcLARA- 
 TION VESTING the FREEHOLDS and the RIGHT TO SUE 
 on the CovENANT to surrender the CoPpyHOLDS in 
 the continuing trustees alone. 
 
 THis INDENTURE made &e., between A. B. of &c., and 
 C. B. his wife [donees of power] of the first part, X. of &. 
 [retiring trustee], of the second part, and W. of &c., M. of 
 &e., and N. of &. [continuing trustees] of the third part, 
 and supplemental to an indenture dated &c., whereby 
 freehold hereditaments situated at &c., and copyhold 
 hereditaments situated at &c., were conveyed and coven- 
 anted to be surrendered respectively to the said W., X., 
 M., and N. as trustees upon trust for sale [Preced. XXX. | 
 
 [ Recite desire of X. to be discharged, and adapt ist and 
 2nd witnessing parts of the last Precedent. | 
 
 AND THIS INDENTURE ALSO WITNESSETH that all the 
 parties hereto do and each of them doth hereby declare 
 That all the freehold hereditaments comprised in the 
 principal indenture shall forthwith vest in the said W., 
 M., and N., alone in fee simple (a) as trustees of the 
 principal indenture and as joint tenants, 
 
 AND that the right to sue on the covenant contained 
 in the principal indenture to surrender the copyhold 
 hereditaments now subject to the trusts of the principal 
 indenture shall vest in the same three persons absolutely. 
 
 In witness &c. 
 
 If X. desires to be discharged from the settlement of even date, 
 Preced. XXXa., his discharge should be by a separate deed supplemental 
 to that Precedent, which can readily be adapted from Preced. XL. 
 
 (a) The words of this declaration of vesting the freeholds differ from 
 those used in preceding Precedents, and are given as another illustration 
 of a declaration under s. 34 of the C. A. 
 
PRECEDENTS. gat 
 
 RELEASE oF MortaacE settled by Preced. XXXV., on 
 the retirement and discharge of a trustee, the trust 
 being disclosed. 
 
 THis INDENTURE made &c., between D. D. of &c. and 
 
 RETIREMENT 
 AND 
 DISCHARGE OF 
 TRUSTEES. 
 
 No. XLII. 
 
 RELEASE OF 
 
 F’. D. his wife [donees of power], of the first part, X. of Morreaex. 
 
 &e. [retiring trustee] of the second part, and Sir F. B. 
 of &c., Bart., and A. D. of &e. [continuing trustees] of the 
 third part. 
 
 Whereas this indenture is supplemental to an inden- 
 ture of transfer of mortgage hereinafter called the prin- 
 cipal indenture dated &c., and made between the said 
 F. D., then F. B., of the first part, the said D. D. of the 
 second part, and the said Sir F. B., A. D., and H. D. B. 
 of the third part, for securing the payment to the parties 
 thereto of the third part of the principal sum of £3000 
 and interest [Preced. XXXV.], and indorsed on an inden- 
 ture of mortgage dated &c. 1880, and made between 
 &c., and supplemental also to an indenture itself supple- 
 mental to the principal indenture, and hereinafter called 
 the supplemental indenture, dated &c., and made &c., 
 whereby the said X. was appointed a new trustee of the 
 principal indenture in the place of the said H. D. B. 
 [ Preced. XXX VIII] : 
 
 And whereas the said sum of £3000, with the current 
 half-year’s interest thereon, is still due to the said Sir 
 F. B., A. D., and X. upon the security of the principal 
 indenture and the supplemental indenture : 
 
 And whereas the said X. is desirous of being dis- 
 charged from the trusts of the principal indenture : 
 
 Now THis INDENTURE WITNESSETH [adapt first and 
 second witnessing parts of Preeed. XLI.| 
 
 AND THIS INDENTURE ALSO WITNESSETH that for effec- 
 tuating the said desire X., AS MORTGAGEE, hereby assigns 
 and releases unto Sir I’. B. and A. D. 
 
 All that the principal sum of £3000 now owing on the 
 security of the principal indenture and the supple- 
 mental indenture, and all interest due and to become 
 due thereon, 
 
 Parties. 
 
 Recitals. 
 
 That the deed 
 is supple- 
 mental to a 
 transfer, 
 
 That mortgage 
 debt due. 
 
 First 
 testatum. 
 Desire to be 
 discharged. 
 
 Second 
 testatum. 
 Consent to 
 discharge. 
 
 Third 
 testatum. 
 Assignment of 
 debt. 
 
RETIREMENT 
 AND 
 DISCHARGE OF 
 TRUSTEES. 
 
 No. XLITI. 
 
 RELEASE OF 
 MORTGAGE. 
 
 Habendum. 
 
 Fourth 
 testatum. 
 Conveyance. 
 
 Habendum. 
 
 No, XLIV. 
 
 RELEASE OF 
 MORTGAGE. 
 
 Parties. 
 
 Recitals, 
 That deed 
 supplemental 
 to mortgage 
 and transfer. 
 
 That debt still 
 due. 
 
 And now 
 belongs to 
 
 R. P. and A. 8. 
 solely. 
 
 oo PRECEDENTS. 
 
 TO HAVE AND RECEIVE the same unto the said Sir F. B. 
 and A. D. absolutely : 
 
 AND THIS INDENTURE ALSO WITNESSETH that for 
 further effectuating the said desire the said X., as 
 MORTGAGEE, hereby conveys and releases unto the said 
 Sir F. B. and A. D. all the hereditaments comprised . 
 in and conveyed by the said indenture of mortgage of 
 &c., 1880, and the principal indenture and the supple- 
 mental indenture, and which are now vested in the said 
 Sir F. B., A. D., and X., under the same indentures, 
 
 To HOLD unto and to the use of the said Sir F. B. and 
 A. D. in fee simple, subject to the right of redemption 
 subsisting therein, on payment of the said sum of £3000 
 and the interest thereon. 
 
 In witness &c. 
 
 RELEASE TO CONTINUING TRUSTEES OF MORTGAGE on the 
 retirement and discharge of one trustee, the trust 
 not being disclosed. 
 
 THis INDENTURE made &c. between X. of &c. of the 
 one part and R. P. of &e., and A. 8. of &e. of the other 
 part : 
 
 WHEREAS these presents are supplemental to an in- 
 denture of mortgage hereinafter called the principal 
 indenture, dated, &c., and made between &c. for securing 
 the sum of £5000 and interest on property situated at 
 &e., and supplemental also to an indenture of transfer, 
 itself supplemental to the principal indenture, and here- 
 inafter called the supplemental indenture, dated &c., 
 and made between, &c., whereby the said sum of £5000 
 and interest and the securities for the same were trans- 
 fered to the said R. P., A. 8., and X. [ Preced. XXXIX.] 
 
 And whereas the said sum of £5000 with the current 
 half year’s interest thereon is still due on the security of 
 the principal indenture and the supplemental indenture, 
 and the same sum and the interest thereon now belong 
 to the said R. P. and A. 8. solely on a joint account. 
 
PRECEDENTS. B30 
 
 Now THIS INDENTURE WITNESSETH that in considera- 
 tion of the premises the said X. as MORTGAGEE hereby 
 assigns and releases unto the said R. P. and A. S. 
 
 All that the principal sum of £5000 owing on the 
 securities of the principal indenture and the supplemental 
 indenture, and all interest due and henceforth to become 
 due thereon. 
 
 TO HAVE AND RECEIVE the same unto the said R. P. 
 and A. 8. absolutely on a joint account. 
 
 AND THIS INDENTURE ALSO WITNESSETH that for the 
 consideration aforesaid the said X.AS MORTGAGEE hereby 
 conveys and releases unto the said R. P. and A. S$. 
 
 All the hereditaments comprised in and conveyed by 
 the principal indenture and the supplemental indenture, 
 and which are now vested in the said R. P., A. S., and X. 
 under the same indentures, 
 
 To HOLD unto and to the use of the said R. P. and 
 A. 8. in fee simple, subject to such right of redemption 
 as is subsisting therein on payment of the said sum of 
 £5000 and the interest thereon. 
 
 In witness &e. 
 
 RETIREMENT 
 AND 
 DISCHARGE OF 
 TRUSTEES. 
 
 No. XLIV. 
 
 RELEASE OF 
 
 MORTGAGE. 
 First 
 testatum. 
 Assignment of 
 debt. 
 
 Second 
 testatum., 
 Conveyance. 
 
 Habendum. 
 
334 PRECEDENTS. 
 
 SECT. VII. 
 WILLS. 
 
 Wit of a Married Man bequeathing Furniture, &c., to 
 Wife, charitable and other legacies, an annuity, and 
 a sum to one for life, with remainder to his issue 
 per stirpes; general devise and bequest of real and 
 residuary personal estate upon trust for sale and con- 
 version ; for investment of proceeds and payment of 
 income to wife during widowhood, with remainder to 
 testator’s issue as wife shall appoint, in default, to 
 children equally; advancement and other clauses, 
 and settlement of daughters’ shares, and giving 
 them power to appoint life interests to surviving 
 husbands; and other provisions. 
 
 I &c. [Commencement of will, Form No. 47; 
 
 Appointment of executors and trustees, and legacy to each 
 for acting, Form No. 49 ; 
 
 Appointment of guardians, Form No. 50; 
 
 Confirmation of testator’s marriage settlement, Form 
 No. 51; 
 
 Bequest to wife of furniture, &c., Form No. 52; 
 
 Legacies to charities, Form No. 58. 
 
 Legacies or annuities to servants, Forms No. 54 or 55; 
 
 Legacies ; option to pay to married woman or her trustees, 
 Form No, 57 ; 
 
 Bequest of annuity, Form No. 56 ; 
 
 Bequest to A. for life, and then to his issue per stirpes, 
 Form No. 58; 
 
 Direction that in default of issue of A., legacy shall fall 
 into residue, Form No. 59; 
 
 Direction that legacies and annuities be paid free of 
 legacy duty, Form No. 60 ; 
 
 General devise and bequest of real and personal estate 
 upon trust to sell, pay debts, legacies, d&e., and invest the 
 residue, Forms Nos. 61 and 18; 
 
 Trusts of investments, to pay income to wife during her 
 
PRECEDENTS. 335 
 
 widowhood (or for her life without power of anticipation), 
 Forms Nos. 62 and 68 ; 
 
 Trusts as to capital for issue as she shall appoint ; m 
 default, for children equally, as to sons who attain twenty- 
 one, and as to daughters who attain that age or marry ; 
 with hotchpot clause, Form No. 64 ; 
 
 Advancement clause, Form No. 65; 
 
 Settlement of daughters’ shares, with power for them to 
 appoint life interests to surviving husbands, Forms Nos. 66, 
 67, and 70; 
 
 Power for trustees of will to deal with daughters’ shares 
 notwithstanding directions for settlement, Form No. 71; 
 
 Declaration that any sum paid or settled by testator on 
 the marriage of daughters be taken into account, Form 
 No. t25 
 
 Add, if required, power to mortgage for payment of debts, 
 &e., Form No. 73. | 
 
 SuBJEcT to the trusts and powers hereinbefore con- 
 tained or referred to I direct that the trust fund and 
 the income thereof, and all statutory accumulations of 
 income (if any), or so much thereof respectively as shall 
 not have become vested or been applied pursuant to this 
 my will, shall be held in trust for absolutely. 
 
 | Power for trustees to value and apportion mixed funds, 
 adapt Form No. 43]. 
 
 I DECLARE that my wife during her life shall have 
 power to appoint a new trustee or new trustees of my 
 will. 
 
 In witness whereof I have hereunto set my hand the 
 day and year first above written. 
 
 | Attestation clause, Form No. 74. | 
 
 The provisions of the C. A. incorporated in this precedent are the 
 same as those incorporated in Precedent XXXI. (see note at the end of 
 that precedent, ante), except the implied covenants, and with the addi- 
 tion of s. 30, which renders unnecessary the devise of trust and 
 mortgage estates. 
 
 WILLS. 
 
 No. XLV. 
 
 Ultimate gift 
 of residue. 
 
 Power to 
 appoint new 
 trustees. 
 
 Attestation 
 clause. 
 
 What pro- 
 visions of C. A, 
 incorporated 
 in this 
 precedent. 
 
ENLARGEMENT 
 
 Parties. 
 
 Recital that 
 Tek, 1D) 
 
 tenant for life: 
 
 no tenant in 
 tail attained 
 twenty-one, 
 
 First 
 testatum. 
 
 Declaration. — 
 
 Second 
 testatum. 
 Settlement of 
 fee simple. 
 
 336 PRECEDENTS. 
 
 SECT. VIII. 
 
 ENLARGEMENT OF LONG TERMS. 
 
 ENLARGEMENT INTO A FEE of the Lona TERM assigned 
 by Precedent XIV. by declaration of the TENANT FoR 
 Lire of settled estates. 
 
 THis INDENTURE made the day of 1S 
 between H. D. of &e. [tenant for life], of the one part, 
 and H. L. of &c., and L. P. of &c. [trustees], of the other 
 part, supplemental to an indenture of conveyance dated 
 &c., and made between &c., hereinafter called the prin- 
 cipal deed | Preced. XIV.| (a). 
 
 Whereas the said H. D. is now tenant for life in pos- 
 session under the will of E. G. D. deceased, recited in the 
 principal deed, and beneficially entitled in right of the 
 term of one thousand years created by the indenture of 
 the 1st day of June, 1651, also recited in the principal 
 deed, to the possession of the lands and hereditaments 
 comprised in that term, and by the principal deed con- 
 veyed to the said H. L. and L. P. for the residue of that 
 term as trustees and upon the trusts of the said will: 
 
 And whereas there has been no tenant in tail under 
 the limitations of the said will who has attained the age 
 of twenty-one years. 
 
 Now THis INDENTURE WITNESSETH that the said H. D., 
 as the person so beneficially entitled, hereby declares 
 that from and after the execution of these presents the 
 said term of one thousand years shall be and the same is 
 hereby enlarged into a fee simple. 
 
 AND THIS INDENTURE ALSO WITNESSETH that for 
 settling the said fee simple so acquired by enlargement 
 in the manner in which the same is liable to be settled, 
 the said E. L. and L. P., as such trustees as aforesaid, 
 hereby convey unto the said H. D. all the lands and 
 
 (a) If the term is settled by settlement the deed enlarging it will be 
 described as supplemental to the settlement. 
 
PRECEDENTS. OL 
 
 hereditaments which by the principal deed were assigned 
 to the said H. L. and L. P. for the residue of the said 
 term of one thousand years, and which under the de- 
 claration hereinbefore contained have become vested in 
 them for an estate in fee simple, To HOLD unto the 
 said H. D. in fee simple, To THE USES, upon the 
 trusts, and subject to the powers and provisions by the 
 will and codicils of the said EK. G. D. deceased declared 
 and now subsisting concerning the hereditaments in 
 England and Wales devised by the said will and the 
 codicils thereto (b). In witness &e. 
 
 ENLARGEMENT OF A Lona TERM INTO A FEE By ExEcu- 
 TORS of deceased owner, as to PART of the demised 
 property. 
 
 To ALL TO WHOM THESE PRESENTS SHALL COME, X. of 
 &e., and Y. of &c., send greeting : 
 
 WHEREAS these presents are supplemental to an inden- 
 ture hereinafter called the principal indenture dated &c., 
 and made between M. of the one part and A. B. (since 
 deceased) of the other part, whereby All those &e [short 
 description | were assigned to the said A. B. for the residue 
 of a term of 500 years created therein, and also in other 
 land and hereditaments by an indenture of lease dated 
 ve. and made &c., at a peppercorn rent payable in respect 
 of all the demised premises : 
 
 AND WHEREAS the said A. B. died on &c., 1881, being 
 at his death entitled to the premises comprised in the 
 principal indenture for the residue of the said term, and 
 having by his will dated &c., 1880, appointed the said 
 
 (>) If a tenant in tail has attained twenty-one, the last witnessing 
 part should be omitted. He may have made a mortgage or conveyance 
 of the leaseholds which might ultimately entitle the mortgagee or some 
 other person to a conveyance of the fee (see C. A. s. 65 (5)). Conse- 
 quently the trustees should not in that case part with the fee, at least 
 unless they are satisfied that the tenant in tail has not dealt with his 
 equitable interest in the term. 
 
 Z 
 
 ENLARGEMENT 
 oF LONG 
 TERMS. 
 
 No. 
 XLVI. 
 
 Recitals. 
 That deed 
 supplemental 
 to assignment 
 to testator. 
 
 Death of 
 testator and 
 appointment of 
 executors. 
 
ENLARGEMENT 
 OF LONG 
 
 XLVIL 
 
 — 
 
 Testatum. 
 
 338 PRECEDENTS. 
 
 X. and Y. executors thereof who proved the same in the 
 
 District Probate Registry on &c., And the said 
 term of 500 years is now vested in the said X. and Y. 
 as the personal representatives of the said A. B. so far as 
 regards the said premises comprised in the principal 
 indenture [add 7f so subject], Subject to the incumbrances 
 affecting the same : 
 
 Now THESE PRESENTS WITNESS that the said X.and Y. 
 as such personal representatives as aforesaid do and each 
 of them doth hereby declare that from and after the 
 execution hereof the said term of 500 years, as far as 
 regards the land and hereditaments comprised in the 
 principal indenture, shall be and the same is hereby 
 enlarged into a fee simple. 
 
 In witness, &e. 
 
 The executors take in that character under s. 65 (4) of the C. A. the 
 like powers of selling and conveying the fee simple acquired by the 
 deed in the text, as they had as executors of selling and assigning 
 the term previous to its enlargemen4. 
 
( 339 ) 
 
 INDEX TO THE STATUTES AND NOTES. 
 
 For explanation of Abbreviations see p. 1 (a), ante. 
 
 ABSTRACT, 
 
 effect of V. & P. A. & C. A. on, 2 
 
 forty years substituted for sixty as root of title, 11 
 
 of freehold title not to be called for in contract to grant 
 or assign lease, 12 
 
 nor of leasehold title in contract to sell and assign sub- 
 lease, 19 
 
 nor of title to enfranchise on sale of enfranchised copy- 
 holds, ib. 
 
 purchaser of several lots entitled to only one, 22 
 
 no time should be named for delivery of, on sale, 187 (a) 
 
 commencement of, should be stated in contract, 21 
 
 commencing with purchase or mortgage deed, conditions 
 should so state, 191 (a) 
 
 ACCUMULATION 
 
 of income during minority 
 
 investment of, 92, 94 
 
 destination of, under C. A. 
 
 in case of land, 93 
 other property, 95 
 
 intermediate, power to resort to, 93, 95 
 where accumulation clause still necessary, 94: 
 
 ACKNOWLEDGMENT 
 
 of right to production of documents, 13, 42, 43 
 obligation under, 43 
 no right to damages under, 44 
 application to Court under, 7b, 
 satisfies liability to give covenant for production, 45 
 mortgagee or trustee may safely give, 44, 207 (a) 
 stamp on, when by separate document, 47 
 
 to, and by whom given, 45, 48 
 Z 2 
 
340 INDEX TO THE STATUTES AND NOTES. 
 
 ACKNOWLEDGMENT OF DEEDS by married women, 
 substitution of one commissioner for two, 139 
 of memorandum endorsed for certificate, 7b. 
 form of memorandum, 165 
 certificate of acknowledgment of deeds executed before 
 1882. .141 
 requisition for search for, 172 
 certificate of search, 175 
 not impeachable on account of interest of person taking 
 acknowledgment, 139 
 rules as to, 164-166, 169, 172, 175, 178 
 none necessary by woman married after 1882. .139 
 nor by woman married before 1883, as to property 
 acquired after 1882, ib. 
 
 ACTION 
 respecting mortgage, Sale in, 72 
 orders in, 73 
 
 ADMINISTRATOR has no power to compromise or com- 
 pound, 88 
 
 ADOPTION OF C. A. by solicitors and trustees, 115 
 AGREEMENT TO SETTLE after-acquired property of 
 
 wife, 
 
 made since 1882 by her alone, 229 (a) 
 
 and binds her present and future property, if not re- 
 strained from anticipation, ib. 
 
 but is void against creditors if wife trades separately 
 from husband, 7b. 
 
 stamp duty on, 229 (b) 
 
 when made by infant, 6 
 
 election under, 7b. 
 post-nuptial, effect of M. W. P. A. on, 7 
 
 ALIENATION, restraint on, 
 by husband in settlement of his own property, void 
 against creditors, 219 (b) 
 exception, 2b. 
 secus as to mortgagee, ib. 
 
 “ALL ESTATE” CLAUSE, 
 unnecessary, 110 
 to what cases C. A. applies, 7b. 
 
INDEX TO THE STATUTES AND NOTES. 341 
 ANNEXED DEED, how to be read, 103 
 ANNUAL SUM 
 
 charged on land, remedies for recovery of, 96, 97 
 issuing out of land, redemption of, 97 
 
 ANNUITIES, 
 search for, 134 
 
 ANTICIPATION, 
 restraint on, not affected by M. W. P. A., 161 
 utility of, 219 (a) 
 
 APPOINTMENT 
 of new trustees. See New TRUSTEES. 
 of separate sets of trustees, 137 
 
 APPORTIONMENT 
 of conditions in lease on severance of reversion, generally, 
 50 
 of re-entry under 22 & 23 Vict. c. 35, ib. 
 
 ASSIGN mortgage debt, 
 obligation of mortgagee to, 55, 144 
 
 ASSIGNEE 
 
 of chose in action, right to sue in his own name, 273, n. 
 
 ASSIGNS, 
 where bound by or entitled to benefit of lessor’s cove- 
 nants, 48, 49 
 covenant relating to land, benefit of, extends to, 106 
 obligation of, how far binding on, 107 
 where assigns must be mentioned in covenants, 106, 
 206 (a) 
 of covenantee, what covenants deemed to be made with, 
 206 (b) 
 of mortgagee omitted from covenants with him, 207 (c) 
 not a word of limitation, 258, n. 
 omitted in assignments, 7b. See Hetrs anp Assians. 
 
 ATTESTATION of purchase-deed, 
 rights of purchaser as to, 42 
 
 ATTESTED AND OTHER COPIES, expense of, 22 
 
342 INDEX TO THE STATUTES AND NOTES. 
 
 ATTORNEY, POWER OF, 
 of married woman, 89 
 donee of, may execute or act in his own name, 99 
 how he should execute, 143 
 payment or acting under, without notice, when not made 
 irrevocable, 7b. 
 rights of payee reserved, 99 
 irrevocable while coupled with an interest, 209 (a) 
 purchaser must ascertain that principal was alive at 
 time of execution under, when not made irre- 
 vocable, 100 
 effect of execution when not made irrevocable and 
 ’ principal dead, 100 
 made absolutely irrevocable, effect of, 141, 142 
 irrevocable for fixed time, effect of, 142, 143 
 deposit of power, 100 
 General Rules for, 167, 168 
 filing of instruments deposited, 100 
 office copy of, evidence, ib. 
 
 ATTORNMENT clause in mortgage, 
 not advisable, 215, n. 
 
 BANKRUPTCY, definition of, in C. A., 18 
 search for, 134 
 
 BARE LEGAL ESTATE, 
 vesting of, under V. & P. A., 13 
 meaning of, 193 (a) 
 when devolution of, need not be shown in abstract, 7b. 
 
 BARE TRUSTEE, 
 meaning of, 193 (a) 
 married woman, her power to convey, 14 
 
 BENEFICIAL OWNER, 
 implied covenants by. See Impiirep Covenants. 
 
 BOND binds heirs and real estate, C. A. s. 59..107 
 
 BUILDING LEASH, 
 definition of, in C. A., 18 
 ‘mortgagor or mortgagee in possession may grant, 58 
 or agree to grant, 61 
 
INDEX TO THE STATUTES AND NOTES. 313 
 
 BUILDING PURPOSES, definition of, in C. A., 18 
 
 CHAMBERS, 
 applications in, under V. & P. A., 15 
 under C. A., 118 
 
 CHARGH, equitable, 
 
 when transfer necessary, 55 
 CHEQUE, payment of purchase-money by, 105 
 CHIEF-RENT, redemption of, 97 
 CHOSE IN ACTION, 
 
 vesting of, in trustees, 84 
 
 assignment of, by a person to himself and another, 101 
 
 right of assignee to sue for, 273, n. 
 
 of married woman not assignable under 20 & 21 Vict. 
 c. 57..10 
 
 COMPOUND OR COMPROMISE, 
 executors and trustees may, 87 
 but not administrator, 88 
 
 CONDITIONS 
 
 in leases, apportionment of, on severance, 50 
 
 CONDITIONS OF SALE 
 rules to be regarded in framing, 179-181 
 implied by statute. See InpEx or Forms. 
 summary of, 179-181 
 adoption of, by trustees, 13, 115 
 suggested order of, 186 (a) 
 vendor must be named or otherwise described,189 (a) 
 
 GONSIDERATION : See ReEczrrr. 
 
 CONSOLIDATION OF MORTGAGES, 
 restrictions on, 57 
 how it may still arise, 7b., 58 
 
 CONSTRUCTION 
 of deeds and other instruments, 1-5, 101-111 
 of supplemental or annexed deed, 103 
 
344 INDEX TO THE STATUTES AND NOTES. 
 
 CONTRACT 
 
 FOR SALE, 
 effect of V. & P. A. and C. A. on, 1 
 root of title in, 11 
 of lease, lessor’s title not to be required, 12 
 of underlease, under-lessor’s title not to be re- 
 
 quired, 19 
 conditions supplied 
 by V. & P. A., 1, 11-13 
 by C. A., 1, 2, 19=23 
 See INDEX oF Forms; tit. CoNDITIONS OF 
 SALE. 
 open, effect of, 1, 23 
 saving to purchaser of right to resist specific 
 performance, 23 
 
 completion of, after death of vendor, <b. 
 when vendor does not become trustee under, 24 
 when action to enforce, necessary, ib. 
 rules for framing, 186 
 
 NOT TO EXERCISE POWER, 102 
 
 UNDER SEAL 
 binds heirs and real estate under C. A., 107 
 with two or more jointly, 7b. 
 
 CONVEY, 
 definition of, in C. A., 17 
 word not necessary for implying covenants, 34 
 
 CONVEYANCE, 
 definition of, in C. A., 17, 41 
 by married woman, bare trustee, 14 
 by a person to himself and another jointly, 101 
 as tenants in common, 102 
 execution of, right of purchaser as to, 42 
 by attorney, 143 
 See GENERAL Worps; Att Estate CLAUSE; AND IMPLIED 
 CoVENANTS. 
 
 CONVEYANCING AND L. OF P. A. 1881..16-129 
 summary of sections. See TABLE or ConTENTS. 
 general effect of, 1-5 
 rules under. See RuLEs. 
 
 CONVEYING PARTY, 
 
 how to be described in order to imply covenants, 54 
 
INDEX TO THE STATUTES AND NOTES. 345 
 
 COPIES, 
 expense of procuring, 22 
 right to, under an acknowledgment of right to produc- 
 tion, 43 
 mortgagor’s right to make, 57 
 
 COPYHOLD COMMISSIONERS, powers as to quit-rents 
 and perpetual charges, 97 
 
 COPYHOLDS, 
 enfranchised, statutory condition as to, 19 
 covenants implied in covenant to surrender, 41 
 not in surrender, 7b. 
 power to sell not implied in mere surrender, 67 
 but implied in charge, ib., 210 (a) 
 declaration of trust by mortgagor as to, 67 
 vesting declaration on appointment of trustees does not 
 apply to legal estate in, 85 
 included in C. A. 8s. 80..78 
 but not ins. 4..24 
 COURT, 
 definition of, in C. A., 19 
 sale of incumbered estate by, 25 
 application for, how made, 26 
 regulations as to payment into, or applications to, 117 
 sale under order of, 
 how far purchaser under, protected, 119, 204 (a) 
 as to sales under Settled Estates Acts, 119 
 parties to conveyance under, 204 (a) 
 discharge for purchase-money under, ib. 
 
 COVENANT, 
 to surrender included in “conveyance” in C. A., 17, 41 
 breach of, in lease, relief against forfeiture for, 51 
 relating to land, benefit of, runs without mention of 
 representatives or assigns of covenantee, 106 
 burden of, binds real and personal representatives 
 of covenantor, 107 
 cases where assigns of covenantor should be men- 
 tioned, 106 
 with two or more jointly, effect of, 107, 108 
 how covenants should now be made, 206 (a), (6), 207 (c) 
 See LessEE, COVENANTS BY; Lessor, COVENANTS BY; 
 IMPLIED COVENANTS. 
 
 4 at, 
 wa 
 
346 INDEX TO THE STATUTES AND NOTES. 
 
 COVENANT TO PRODUCE DEEDS, 
 inability of vendor to furnish, where not an objection 
 to title, 12 
 expense of furnishing, ib. 
 obligations under, 46 
 liability to give, satisfied by acknowledgment, 13, 45 
 
 COVENANT TO SETTLE other property of wife. See 
 AGREEMENT TO SETTLE. 
 
 CREDITORS, how excluded by discretionary trust, 219, n. 
 CROWN DEBTS, searches for, 134 
 
 CURTESY, how affected by M. W. P. A., 8, 9 
 
 CUSTODY OF DEEDS: See Unprrtakine ror SaFe Custopy. 
 
 DEATH 
 of vendor, completion of contract on, 23 
 devolution of trust and mortgage estates on, 77 
 of donor of revocable power of attorney, payment in 
 pursuance of power without notice of, 99 
 See SURVIVORSHIP. 
 
 DEBTS, 
 vesting of, in trustees, 84 
 payment or allowance of, by executor, 87 
 compound for, executors or trustees may, 7b. 
 but not administrator, 88 
 conveyance of, by a person to himself and another, 101 
 right of assignee to sue for, 273, n. 
 DEEDS, 
 what clauses and words should be omitted since 1881, 
 2, 3 
 when vendor may retain, 13 
 retained, cost of copies of, 22 
 mortgagor’s right to inspect and take copies, &c. of, 56, 
 57 
 mortgagee’s right to recover, when power of sale is 
 exercisable, 68 
 sufficiency of forms of, in 4th Sched. to C. A., 105 
 PRODUCTION OF, 
 equitable right to, 12 
 
INDEX TO THE STATUTES AND NOTES. 347 
 
 DEEDS —continued. 
 PRODUCTION OF—continued. 
 legal and equitable right assimilated, 44 
 statutory conditions as to, 20, 22 
 expense of, where not in vendor’s possession, 22 
 when vendor cannot procure, 7b. 
 covenant for. See COVENANT TO PROPUCE ‘Derps. 
 ACKNOWLEDGMENT OF RIGHT TO PRODUCTION, 42, 43 
 application to Court under, 43 
 may safely be given by trustees or mortgagees, 44, 
 207 (a) 
 no liability to damages under, 44 
 satisfies liability to give covenant for production, 
 45 
 stamp on, when by separate document, 47 
 to, and by whom given, 45, 48 
 UNDERTAKING FOR SAFE CUSTODY oF, 13, 45, 46 
 liability under, only on possessor of deeds, 45 
 damages under, 46 
 application to Court under, ib. 
 satisfies liability to give covenant for safe custody, 
 ab. 
 stamp on, when by separate document, 47 
 to, and by whom given, 48 
 See CONSTRUCTION. 
 
 DISCLAIMER of power, 138 
 
 DISENTAILING DEEDS, 
 searches for, 131, 134, 135 
 
 DOCUMENTS, see Dzeps. 
 DOWER, 
 
 when condition as to, to be used, 195 (6) 
 
 EASEMENTS, 
 grant of, by way of use, 109 
 cannot be created de novo under St. of Uses, 110 
 new kind of, cannot be created under C.A., ib. 
 reputed, effect of grant of, 29 
 conveyance after 1881 operates as grant of, 30 
 
 ENFRANCHISED COPYHOLDS, title to, 19 
 
348 INDEX TO THE STATUTES AND NOTES. 
 
 ENROLLED DEEDS, 
 searches for, 131, 135 
 what excluded by C. A. 1882. .135 
 may be made under rules, 135, 170 
 copy and certificate of enrolment, 135 
 
 EQUITABLE CHARGE, when transfer of, necessary, 55 
 ESTATE CLAUSE: See Aut Estate Cuiause. 
 
 ESTATE PUR AUTRE VIBE, 
 when within C.A. 8s. 4.. 24. 
 
 ESTATE TAIL, EsTaTe IN TAIL MALE, ESTATE IN TAIL 
 FEMALE, 
 what words in deeds are sufficient to limit, 102 
 
 EVIDENCE, 
 expense of, on sale, 22 
 
 EXECUTION, 
 of purchase-deed, right of purchaser as to, 42 
 under power of attorney, in attorney’s own name, 99 
 
 EXECUTORS, 
 payment or allowance of debts by, 87 
 composition for debts by, 7b. 
 survivorship of powers of, 7b., 88 
 
 EXECUTORS AND ADMINISTRATORS, 
 benefit of covenants relating to land not of inheritance 
 extends to, 106 
 
 bound by covenants, 107, 206 (b) 
 
 of mortgagee omitted from covenants with him, 207 (c) 
 omitted from assignments, 258, n. 
 
 exercise of powers by, 215 (b) 
 
 See PersoNAL REPRESENTATIVES. 
 
 EXECUTORY LIMITATIONS, 
 restriction on, 144, 145 
 
 EXPENSE 
 of evidence in support of abstract, 22 
 of journeys, 7b. 
 of attested and other copies, 7b. 
 
INDEX TO THE STATUTES AND NOTES. 349 
 
 “PEE SIMPLE,” sufficient words of limitation in deeds 
 without “ heirs,” 102 
 
 FEMALES 
 included in masculine gender in implied covenants, 111 
 in Act of Parliament generally, 102 
 
 FINE, definition of, in C. A., 18 
 
 FIRE INSURANCE, 
 benefit of, belongs to vendor in the absence of contract, 
 159° (¢) 
 
 FORFEITURE OF LEASE, or underlease, 
 restrictions on, and relief against, 51 
 exceptions from C. A., s. 14. .53 
 what relief against, before C. A., 52 
 none under C. A. after re-entry, ib. 
 relief for non-payment of rent unaffected by C. A., 53, 
 o4 
 protection of purchaser of leaseholds against forfeiture 
 for non-insurance, 53 
 
 FORMS 
 in 3rd and 4th Schedules to C. A., 124-129 
 See INDEX or Forms. 
 sufficiency of, in 4th Schedule, 105 
 of documents, summary of effect of V.& P. A. & C. A. 
 upon, 1-5 
 
 FREEBENCH, . 
 when condition as to necessary, 195 (b 
 
 FREEHOLDS, 
 word “ grant,” unnecessary in conveyance of, 101 
 
 GENERAL WORDS 
 impliedly included in conveyance, 28 
 how far useful, 29 
 reputed easements under, 2b. 
 as to manors, 30 
 mines and minerals, 7b. 
 
 GRANT, use of word unnecessary, 101 
 except where it implies covenants, 7b. 
 
350 INDEX TO THE STATUTES AND NOTES. 
 
 HEIRS, 
 use of words “fee simple” instead of, 102 
 benefit of covenants relating to land to extend to, 106 
 bound by covenant, bond, &c., of ancestor under seal, 
 107 
 the word necessary in surrender of copyholds, 102, 
 AAU ya 
 
 HEIRS OF THE BODY, Heres MALE oF THE BODY, HEIRS 
 FEMALE OF THE BODY, 
 use of words in tail, in tail male, in tail female, instead 
 of respectively, 102 
 
 “HEIRS AND ASSIGNS,” 
 
 personal representatives of sole trustee or mortgagee 
 deceased deemed to be, in devolution of trusts and 
 powers, 77, 215 (b) 
 
 covenants relating to land of inheritance, or devolving 
 on heir as special occupant, deemed to be made with, 
 106 
 
 in what cases limitations should be made to, 215 (6), 
 292 (a) 
 
 HUSBAND AND WIFE, } 
 marital right, how affected by M. W. P. A., 8, 9 
 implied covenants by, 39, 40 
 conveyances of freehold land and choses in action by 
 husband to wife, or wife to husband, 101 
 See Marriep Woman. 
 
 IMPLIED CONDITIONS OF SALE: See Invex or Forms, 
 tit. CONDITIONS OF SALE. 
 
 IMPLIED COVENANTS, 
 by beneficial owner, in conveyance for value other than 
 mortgage, 30-35 
 
 leaseholds, 35 
 
 in mortgage, 35, 36 
 leaseholds, 37 
 
 joint and several, 31 
 
 by tenant for life and remainderman, 7b. 
 tenant for life where trustees convey under power, 7b. 
 joint tenants, 7b. 
 tenants in common, 7b. 
 
 ————=" 
 
INDEX TO THE STATUTES AND NOTES. B51 
 
 IMPLIED COVENANTS—continued. 
 by tenant in tail, 32 
 settlor, 38 
 voluntary settlor, 34 
 trustee, mortgagee, &e., tb. 
 directing party, 39 
 husband and wife, ib., 40, 251 
 wife alone, 40 
 wife conveying under power, 2b. 
 where several convey as beneficial owners, 31, 32 
 each as beneficial owner, 7b. 
 all jointly and each severally, 7b. 
 each in respect of whole, ib. 
 applicable to all property, 32 
 how far back they extend, 34 
 none where character of conveying party not ex- 
 pressed, 34, 41 
 benefit of, runs with land, 41 
 may be varied, 42 
 former practice as to covenants by settlor, 38 
 tenant for life, 39 
 proviso restricting covenant valid, 42 
 may be incorporated in 
 covenant to surrender copyholds, 41 
 but not in surrender, 7b. 
 in conveyance to uses, 32 
 in voluntary conveyance, 34 
 incorporated in 
 statutory mortgage, 74, 76 
 statutory transfer, 76 
 bind heirs though not expressed, 107 
 effect of, with two or more jointly, ib. 
 construction of, 111 
 application of: See Inpex or Forms, tit. CoNVEYANCE ; 
 Mortcace; ‘T'RANSFER OF MortGaGe; SETTLE- 
 MENT. 
 
 IMPLIED POWERS 
 
 of mortgagor or mortgagee in possession, summary of, 
 54, 55 
 to lease, 58-62 
 to agree to lease, 61 
 
352 INDEX TO THE STATUTES AND NOTES. 
 IMPLIED POWERS—continued. 
 
 of mortgagee to sell, insure, appoint receiver, 63, 64 
 of mortgagee in possession to cut and sell timber, 64 
 of mortgagee to convey and give receipts, 66-69 
 to recover deeds, 68 
 regulations as to exercise of power of sale by mortgagee, 
 65 
 as to insurance by mortgagee, 69 
 as to receiver, 70-72 
 of trustees for sale, to sell, 86 
 of trustees generally, 
 to give receipts, 7b. 
 compound and compromise, 87 
 enter land and manage during minority, 90, 91 
 maintain and educate infant, 91, 94 
 accumulate during minority, 92, 94 
 
 INCOME, definition of, in C. A., 17 
 
 INCUMBRANCE, 
 
 definition of, in C. A., 18 
 
 discharge of, by Court, on sale, 25 
 how application to Court made, 26 
 proceeding to obtain, 7b. 
 
 costs under, 27 
 vesting order as to, ib. 
 what is an, under C. A. s. 5, db. 
 
 INCUMBRANCER, 
 notice to, under C. A., 27 
 
 INFANT, 
 leases and sales on behalf of, 
 Settled Estates Act, 1877, made applicable to, 89 
 under Settled Land Act, 1882 .. 90 
 leases on behalf of, under 11 Geo. 4 & 1 Will. 4, c. 65, 
 90 
 powers of Settled Estates Act, 1877, exercisable by 
 guardian on behalf of, 7b. 
 management of land of, zb., 91 
 repairs on property of, 91 
 maintenance, education, or benefit of, 
 application of income of land for, 91 
 of any property for, 94 
 
INDEX TO THE STATUTES AND NOTES. 358 
 
 INFANT —conlinued. 
 payment of income to parent or guardian of, 91, 92, 94 
 where maintenance and education clauses still necessary, 
 94 
 distinction between ss. 42 and 43 of C. A., 95 
 married woman may appoint attorney, 89 
 election by, 6, 313, n. 
 
 INFANT’S SETTLEMENT ACT, 
 
 order under, giving liberty to marry necessary only in 
 
 case of wards, 309 (a) 
 
 whether Court can enable infant to give a covenant, 
 309 (b) 
 
 only apples to present property of infant, 313, n. 
 
 INSOLVENCY, 
 search for, 134 
 
 INSPECT documents, 
 power to, by mortgagor, 57 
 by any one entitled to redeem, 7b., 5: 
 
 INSURANCE 
 by mortgagee, 64 
 amount of, 69 
 when not to be effected, 70 
 money, application of, 7b. 
 when to be spent on reinstating buildings, ib. 
 by trustees during infancy, 91 
 
 INSTRUMENT, definition of, in C. A., 19 
 INTEREST, 
 
 reduction of, in mortgage, 
 when one omission to pay terminates right to, 
 212 (d) 
 as to waiver of default in payment of, 214 (a) 
 
 INVESTMENTS, 
 what authorised by law, 92 
 prohibition against certain, 295 (a) 
 
 IRELAND, 
 modifications of C. A. respecting, 120 
 prohibition against lending on mortgage in, 295 (a). 
 ¢ ¢ 
 i A 
 
354 INDEX TO THE STATUTES AND NOTES. 
 
 ISSUE, 
 power to appoint amongst, not necessary to restrict, 
 243 (b) 
 but appointment to, must be restricted, 7b. 
 
 JOINT ACCOUNT, 
 advance on, effect of, 108 
 need not be expressly so stated, 109, n. 
 clause in mortgages, objects of, ib. 
 
 JOINT POWERS. or TRUSTS, survivorship of, 88 
 
 JOINT TENANCY, 
 conveyance of freehold land and choses in action by one 
 person to himself and another in, 101 
 
 so by husband to wife or by wife to husband jointly 
 with another, 7b. 
 as to assignment of personal estate, 102 
 
 JOINT TENANTS, implied covenants by, 31 
 
 JOURNEYS incidental to production or inspection of deeds, 
 expense of, 22 
 
 JUDGE IN CHAMBERS, 
 application to, by vendor or purchaser, 15 
 position of parties before, 2b. 
 
 JUDGMENT CREDITOR, priority of, 107 
 JUDGMENT FOR SALE 
 
 in action respecting mortgage, 72 
 former law as to, 73 
 
 JUDGMENTS, 
 
 search for, 133, 134. 
 
 JURISDICTION of Court, 
 want of, not to invalidate purchase, 118 
 
 LANCASTER, COUNTY PALATINE OF, 
 * powers of Court as to sale of land in, 118 
 Rules to be made as to proceedings in, ib. 
 
INDEX TO THE STATUTES AND NOTES. 355 
 
 LAND, 
 definition of, in Acts of Parliament, 11 
 THA LG 
 covenants running with: See CovENANT. 
 
 LEASE, 
 on contract to grant or assign, freehold title not to be 
 called for, 12 
 purchaser of, to assume proper grant of, 21 
 payment of rent and performance of covenants under, 
 evidence of, 7b. 
 under power, contract for, not part of title to lease, 137 
 superior, purchaser of underlease to assume proper grant 
 of, 21 
 payment of rent and performance of covenants 
 under, evidence of, 2b. 
 rent and benefit of lessee’s covenants to run with 
 reversion, 48 
 and obligation of lessor’s covenants, ib. 
 apportionment of conditions in, on severance of rever- 
 sion, 50 
 forfeiture of, restrictions on and relief against, 51 
 power to, by mortgagor or mortgagee in possession, 58 
 application of power to mortgages made before the 
 Choe, fel 
 includes power to agree to lease, ib. 
 effect of leases under C. A., s. 18.. 7b. 
 mortgagor’s power should not be excluded, 62 
 delivery by mortgagor of counterpart of lease by him, 60 
 of infant’s land, 89, 90 
 by tenant for life under Settled Land Act, 233 (a) 
 purchaser of, not bound to take underlease, 198 (a) 
 See LessEE; Lessor; UNDERLEASE. 
 
 LEASEHOLD REVERSION, 
 title to, not to be called for 
 on sale of underlease, 19 
 on contract to grant underlease, 50 
 
 LEASEHOLDS, 
 implied conditions on sale of, 12, 19 
 implied covenants in conveyance of, 32-35 
 in mortgage of, 35-37 
 
 See LEASE. 
 Bee 
 
 _— 
 
306 INDEX TO THE STATUTES AND NOTES. 
 
 LEGAL ESTATE, 
 priority or protection by, not allowed by V. & P. A. 
 (repealed), 14 
 effect of that Act on, 2b. 
 See Barge Lecau Estate. 
 
 LESSEE, 
 has notice of lessor’s title, 12 
 covenants by, to run with reversion, 48 
 where they ran before C. A., ib 
 who may sue on, 7b. 
 
 LESSOR, 
 title of, not to be called for, when, 12 
 lessee has notice of, 2b. 
 covenants by, obligation of, to run with reversion, 48. 
 in leases under powers, 49 
 where they ran before C. A., 2b 
 who may sue on, 2b. 
 LIEN, an incumbrance under C. A., 18 
 
 LIMITATION. See Exrecutory Luurations; Worps or 
 LIMITATION. 
 
 LIS PENDENS, 
 search for, 134 
 
 LONG TERM, 
 enlargement of, into fee simple, 111 
 usual origin of, 113 
 old mode of acquiring fee, 112 
 how rendered impossible before C. A., ib. 
 who has power to enlarge, 113 
 effect of enlargement of, 7b. 
 on mines severed, 115 
 release of rent, presumption of, 111 
 when tenure of, changed, 114 
 not real security, 217 (b) 
 amendment of enactment respecting, 113, 144 
 
 LOTS, purchaser of more than one, only entitled to one 
 abstract, 22 
 
 MAINTENANCE, MANAGEMENT, 
 trustee’s powers of, 91, 94 
 when express powers should be given, 94 
 
INDEX TO THE STATUTES AND NOTES. 357 
 
 MALE 
 includes female in implied covenants, 111 
 in Acts of Parliament generally, 102 
 
 MANOR, 
 definition of, in C. A., 17 
 reputed, what is, ab. 
 general words in grant of, 28 
 mines and minerals under, 30 
 
 MARRIED, without ever having been, 
 effect of the words in settlement by a widow, 224 (b) 
 
 MARRIED WOMAN : 
 bare trustee, her power to convey, 14 
 implied covenants by, 39, 40 
 when conveying under a power, 40 
 bind her present separate property where not re- 
 strained trom anticipation, in conveyance before 
 1883. .40 
 bind her present and future property where not 
 restrained from anticipation, in conveyance after 
 1882, ib., 251 
 conveyance to husband by, and by husband to, 101 
 power of Court to bind interests of, 88 
 power of attorney of, 88 
 acknowledgment of deeds by, 138-141. See Acknow- 
 LEDGMENT OF DEEDs. 
 may not execute acknowledged deed by attorney, 89 
 release of power by, 103 
 execution of general power by, effect of, 150 
 choses in action of, not assignable under 20 & 21 Vict. 
 Cee fee LG 
 joint tenant with her husband under M. W. P. A., 7 
 marriage no longer a severance of joint tenancy of, in 
 chattels passing by delivery, 9 
 contracts by, 148, 149 
 trading separately from husband, 149 
 settlement by, when void against creditors, 161 
 loans by, to husband, 149 
 investments standing in or transferred to sole name of, 
 150-152. 
 
358 INDEX TO THE STATUTES AND NOTES. 
 
 MARRIED WOMAN—continued. 
 investments standing in or transferred to joint names of, 
 and others, 152, 153 
 policy of life insurance effected by, 154 
 See Marriep WomEn’s P. A., 1882 ; ImpLieD COVENANTS. 
 
 MARRIED WOMEN’S P. A., 1882, 147-163 
 general effect of, in regard to form and effect of docu- 
 ments, 6-10 
 married woman’s power of holding and disposing of 
 property under, 6, 147, 150 
 as to separate use, 6, 7 
 as to acknowledgment by, ib. 
 married woman trustee or executrix, 6, 160, 163 
 her covenant to settle future property, 6, 161 
 where she is an infant, 6 
 effect of her settlement against creditors, 161 
 her post-nuptial settlement, 7 
 effect on separation deeds, ib. 
 on execution of deeds generally by married 
 woman, 2b. 
 effect on questions as to equity to settlement, 7 
 separate use, 7b. 
 on husband’s curtesy, 8, 9 
 on her terms of years and chattels, 9 
 coverture no disability under, ib. 
 wife’s issue take as her heirs or next of kin, ib. 
 wife divorced as to her own property under, ib. 
 secus as to husband’s, 7b. 
 disposition by woman married before 1883 of property 
 acquired before that year not affected by, 10 
 policies of life assurance effected under, 154, 155 
 restraint on anticipation not affected by, 161 
 summary of sections of, See 'TaBLE or ConTENTS. 
 See also MarrieD WoMAN. 
 
 MASCULINE gender. See MALE. 
 MIDDLESEX, 
 
 non-registration of wills in, cured in certain cases, 14 
 time allowed for registration, 15 
 
 MINES AND MINERALS, 
 why omitted from general words as to lands and houses, 
 30 
 
INDEX TO THE STATUTES AND NOTES. 309 
 
 MINES AND MINERALS—continued. 
 why included in general words as to manors, ¢b. 
 who entitled to, on enlargement of long term, 115 
 
 MINING LEASH, 
 definition of, in C. A., 18 
 by mortgagor or mortgagee in possession may be autho- 
 rised, 59 
 
 MISDESCRIPTION, 
 condition as to, by trustees, 202 (a) 
 not depreciatory, ib. 
 
 MONTH, meaning of, in Acts of Parliament, 66 
 
 MORTGAGE, 
 definition of, in C. A., 17 
 implied covenants for title in, 35-37 
 transfer, when mortgagee bound to, 55, 144 
 consolidation of mortgages restricted, 57 
 statutory, 74, 124 
 transfer of, 75, 124, 125 
 reconveyance of, 77, 126 
 devolution of, on death, 77 
 devise of, now ineffectual, 78 
 not vested in new or continuing trustees by declaration, 
 85 
 sale in action respecting, 72, 73 
 
 MORTGAGE DEBT, when mortgagee bound to assign, 55, 
 144 
 
 MORTGAGEE, 
 
 definition of, in C. A., 17 
 
 implied covenant by, 38 
 
 obligation of, to transfer instead of reconveying, 55, 144 
 and to assign mortgage debt, 7b. 
 
 how obligation enforced, 56 
 
 power to sell, 63, 65 
 
 sale by, should be expressed to be made under C. A., 63, 
 
 67 
 
 with other property, 64 
 
 conveyance by, under C, A., 66 
 under Lord Cranworth’s Act, 67 
 
360 INDEX TO THE STATUTES AND NOTES. 
 
 MORTGAGEE—continued. 
 application of purchase-money by, 67 
 discharge of prior incumbrances by, 68 
 payment into Court by, under C. A., s. 5., a. 
 payment of surplus, 2b. 
 of money received under the mortgage and proceeds 
 of securities, 69 
 production and recovery of deeds by, 68 
 receipts of, 69 
 valid though security satisfied, 2b. 
 devolution of estate of, on death, 77 
 power to insure, 64, 69 
 to appoint receiver, 64 
 See REcEIvER. 
 of mortgagee In possession : 
 See MortTcacrEe in Possession. 
 summary of powers of, under C. A., 54, 55 
 conveys according to his estate, 249, n. 
 
 MORTGAGEE IN POSSESSION, 
 not bound to transfer instead of reconveying, 56 | 
 power to lease, 58 
 may be extended or restricted, 60, 61 
 may be applied to mortgages made before C, A., 61 
 includes power to agree to lease, ib. 
 to cut and sell timber, 64 
 
 MORTGAGOR, 
 ~ definition of, in C. A., 17 
 
 includes any person entitled to redeem, 56 
 
 implhed covenants by, 35-37 
 
 power of, to inspect and make copies, &c., of deeds, 56 
 
 to lease, 58 
 may be extended or restricted, 60 
 may be applied to mortgages made before C. A., 
 61 ; 
 
 should not be excluded, 62 
 includes agreement to lease, 61 
 
 summary of powers of, under C. A., 54 
 
 NEW ‘TRUSTEES, 
 appointment of, 80 
 number of, 81 
 
INDEX TO THE STATUTES AND NOTES. d61 
 
 NEW TRUSTEES—continued. 
 powers of, 82 
 of trustees appointed by Court, 83 
 vesting of trust property in, 81, 84 
 declaration as to, 84 
 exceptions from vesting by declaration, 85 
 See TRUSTEES; SEPARATE ‘TRUSTEES. 
 NOTICE, 
 how served on mortgagor or lessee, 65, 116 
 generally, except in proceedings in Court, 117 
 in proceedings in Court, 118 
 constructive, restriction on, 136 
 purchaser by omitting to investigate title, does not 
 avoid, 137 
 
 ORDER OF COURT, 
 application for, 118 
 protection to purchaser under, 7b. 119, 204 (a) 
 See Court. 
 
 PAYMENT, 
 by attorney under power not made irrevocable, 100 
 into Court, application for, and effect of; 118 
 See REcEIPT. 
 
 PERPETUITY, 
 not necessary to restrict power within limits of, 243 (0) 
 but appointment must have regard to, 2b. 
 
 PERSONAL REPRESENTATIVES, 
 devolution of trust and mortgage estates on, 77 
 of vendor empowered to convey, 23 
 implied covenant by, 38 
 See ExEecuTors AND ADMINISTRATORS. 
 
 PLURAL 
 includes singular in imphed covenants, 111 
 in Acts of Parliament generally, 102 
 POLICY OF LIFE ASSURANCE, 
 right of assignee to sue on, 272, n. 
 
 provisions as to in M. W. P. A., 154 
 points arising thereunder, 155, 156 
 
 POSSESSION, definition of, in C. A., 17 
 
362 INDEX TO THE STATUTES AND NOTES. 
 
 POWERS, 
 instrument creating, condition against production of, 20 
 of mortgagee 
 to sell, 63, 65 
 to convey, 66 
 to give receipts, 69 
 to insure, 64, 69 
 to appoint receiver, 64, 70 
 of mortgagee in possession 
 to lease, 58 
 to cut and sell timber, 64 
 of mortgagor in possession to lease, 58 
 of mortgagors and mortgagees under C. A., summary 
 of, 54, 55 
 of trustees for sale, to sell, 86 
 of trustees generally, 
 to give receipts, 86 
 to compound debts, 87 
 to manage, &c. during minorities, 90-95 
 to retire, 83 
 of new trustees, 82 
 of trustees appointed by Court, 83 
 summary of powers of trustees under C. A., 79 
 of executors to compound debts, 87 
 of personal representatives of vendor to convey, 23 
 of sole trustee or mortgagee, 77 
 survivorship of, 88 
 simply collateral, release of, 102 
 contract not to exercise, 2b. 
 release by married woman, 103 
 disclaimer of, 138 
 of attorney : See ArrorNEy, Power or. 
 
 PREMISES of deed, 
 quantity of estate need not be defined in, 254, n. 
 
 PRODUCTION of documents : 
 See DrEps, PRODUCTION oF. 
 
 PROPERDY 
 definition of, in C. A., 16 
 in C,.A., 1882. .130 
 in M.:W. P. A., 163 
 
INDEX TO THE STATUTES AND NOTES. 365 
 
 PUR AUTRE VIE: 
 See ESTATE PUR AUTRE VIE. 
 
 PURCHASE DEED, 
 right of purchaser as to execution of, 42 
 attestation of, ib. 
 
 PURCHASE FOR VALUE, 
 
 meaning of, in implied covenants, 34 
 
 PURCHASE-MONEY, 
 authority to solicitor to receive, 104 
 
 PURCHASER, 
 definition of, in C. A., 18, 20 
 in C. A., 1882. .130 ; 
 how far order of Court conclusive in favour of, 119 
 receipt in or on deed, evidence in favour of subsequent 
 purchaser without notice, 104 
 
 ~ QUIT-RENT, redemption of, 97 
 
 REAL SECURITY, long term not, 217 (b) 
 
 RECEIPT, 
 in body of deed, sufficient, 103, 104 
 value of, formerly, 104 
 in, or endorsed on deed, sufficient, in favour of subse- 
 quent purchaser without notice, 7b. 
 is authority to pay to solicitor producing deed, 7b. 
 additional document formerly necessary for payment to 
 vendor’s solicitor, 2b. 
 for last payment of rent, evidence afforded by, 21 
 
 RECEIPTS, POWER TO GIVE, 
 
 by mortgagee for purchase or other money and secu- 
 rities, 69 
 
 by trustee for money securities and other personal pro- 
 perty, 86 
 
 under C. A. more extensive than under Lord Cran-_ 
 worth’s Act, 87 
 
 by survivors on a joint account, 108 
 
364 INDEX TO THE STATUTES AND NOTES. 
 
 RECEIVER, 
 appointment of, by mortgagee, 64 
 is agent of mortgagor, 70 
 powers of, <b. 
 acts subject to rights of prior mortgagee, 71 
 payment to, 7b. 
 removal and remuneration of, 7b. 
 application of money by, ib. 
 position of, 72 
 how superseded, 2b. 
 appointment of, how proved, ¢«b. 
 repairs by, 2b. 
 
 RECITALS, 
 effect of V. & P. A. and C. A. on, 2 
 twenty years old, evidence, 12 
 in abstracted documents, what to be deemed correct, 20 
 
 RECONVEYANCEH, 
 when mortgagee bound to make, instead of transferring, 
 55, 144 
 of statutory mortgage, 77, 126 
 
 REDEMPTION, 
 order for sale in action for, 72 
 of quit-rents and other perpetual charges, 97 
 
 RE-ENTRY, right of, 
 apportionment of, on severance of reversion, 50 
 
 REGISTRATION 
 of will, want of, cured in certain cases, 14 
 time for, in Middlesex and Yorkshire, 15 
 of deed of declaration vesting trust property, 85 
 searches for, 86 
 RELEASE, 
 executors or trustees may execute, 87 
 but not administrator, 88 
 RENT, 
 definition of, in C. A., 18 
 last receipt for payment of, evidence afforded by, 21 
 covers breaches up to completion, ab. 
 runs with reversion notwithstanding severance, 48 
 
! 
 
 INDEX TO THE STATUTES AND NOTES. 365 
 
 RENT-CHARGE, 
 remedies for recovery of, 96, 97 
 redemption of, 97 
 
 REPAIRS 
 by receiver, 72 
 on infant’s property, 91 
 
 REPEAL of enactments by C. A., 119, 123 
 restriction on, 119 
 
 REVERSION, severance of. See SEVERANCE OF REVERSION. 
 
 ROOT OF TITLE 
 forty years substituted for sixty, 11 
 
 RULES OF SUPREME COURT, 
 under s. 7 of C. A., 1882 (Acknowledgments), 164-166 
 s. 2 (Searches), 166, 167 
 C. A. (Powers of Attorney), 167 
 declaration as to search, 169 
 requisitions for, and certificates of search, 169-178 
 See SEARCHES. 
 
 SALE, 
 contracts for, statutory conditions applicable to, 12, 13, 
 19-23: See INpEx or Forms; tt. Conpt- 
 TIONS OF SALE. 
 rules for framing, 179-181 
 discharge of Incumbrances on, 25-28 
 when made within meaning of C. A., 23 
 open contract for, effect of, 1, 23 
 power of, by mortgagee : See MortTaaGur. 
 by trustee : See TRUSTEE. 
 by executors or administrators, 215 (b) 
 by tenant for life under Settled Land Act, 
 216 (a) 
 words sufficient to create trust for, or power of, 86 
 in an action, respecting mortgage, 72 
 of trust property with other property, duty of trustees 
 as to, 86 
 under order of Court: See Court. 
 See CONTRACT. y 
 
366 INDEX TO THE STATUTES AND NOTES. 
 
 SCHEDULE, 
 convenience of putting incumbrances in, 279, n. 
 leases in, 182 (b), 268 (a) 
 ~accounts In, 327 (a) 
 policies in, 270 (b) 
 
 SEARCHES, 
 expenses of, statutory condition as to, 22 
 in deeds register for declaration effecting vesting of 
 trust property, 86 
 who deemed conveying parties in declaration, 85 
 for judgments, 133 
 for writs of execution thereon, ¢b. 
 registration of, 7b., 134 
 no re-registration, 7b. 
 for Crown debts, 7b. 
 for writs of execution thereon, 135 
 registration of, 7b. 
 no registration, 134 
 for lis pendens, 7b. 
 annuities, 7b. 
 bankruptcies, insolvencies, 7b. 
 disentailing deeds, 131, 134 
 other enrolled deeds, 131, 135 
 office copy and certificate of enrolment, 135 
 extent of search, 134 
 against trustees or mortgagees, 135 
 official certificate of search conclusive, 2b. 
 secus where non-official, 7b. 
 unofficial, notice by, 135 
 OFFICIAL, 
 what authorised by C. A., 1882. .131 
 Rules as to, 166-178 
 declaration as to purpose of, 169 
 requisition for, 
 enrolled deeds, 170 
 bills of sale, 171 
 certificates of acknowledgments by married 
 woman, 172 
 judgments, lis pendens, Crown debts and annui- 
 ties, 173 
 continuation search, 178 
 certificates of, 174-178 
 
INDEX TO THE STATUTES AND NOTES. 367 
 
 SECURITIES, 
 definition of, in C. A., 18 
 what authorised by law for investments by trustees, 92 
 
 SEISIN of testator, evidence of, 2, 191 (a) 
 
 SEPARATE TRUSTEES 
 for distinct trusts, power to appoint, 137 
 
 SEPARATE USE 
 unnecessary as to women married after 1882..219 (a) 
 
 SETTLEMENT, 
 meaning of, in‘C. A., 90 
 trust for inalienable use of husband of his own property 
 void against his creditors, 219 (a) 
 exception, 7b. 
 
 what discretionary trust of life income may exclude the 
 husband’s creditors, 2b. 
 
 what powers should be given to wife over her fortune 
 in default of children, 224 (a) 
 
 effect of words ‘“ without ever having been married” on 
 second marriage of widow, 224 (b) 
 
 or agreement to settle by wife, after marriage, effect of 
 M. W. P. A. on, 7 
 
 SETTLOR, 
 implied covenants by, 38 
 old practice as to covenants by, 7b. 
 
 SEVERANCE OF REVERSION, 
 rent and lessee’s covenants on, 48 
 lessor’s covenants on, 49 
 apportionment of conditions on, 50 
 
 SHARE, 
 undivided, included in definition of land in C. A., 16 
 powers over, during infancy, 93 
 
 SINGULAR includes plural, and plural singular 
 in Acts of Parliament, 102 
 in implied covenants, 111 
 
 SOLICITOR, 
 authority for payment to, on producing deed with 
 receipt, 104 
 adopting C. A. protected, 115 
 
368 INDEX TO THE STATUTES AND NOTES. 
 
 SPECIALTY CREDITOR obtaining judgment against heir, 
 priority of, against land, 107 
 
 SPECIALTY DEBT, breach of trust now has no priority as, 
 320, n. 
 
 STAMP, 
 on acknowledgment, or undertaking, when by separate 
 document, 47 
 on transfer of mortgage with further security, 76 
 on agreement to settle other property of wife, 229 (b) 
 
 STATUTES cited, 
 21 Hen. 8, c. 4 (Sale of Land by Executors), 88 
 27 Hen. 8, c. 10 (Statute of Uses), ss. 1, 5.. 110 
 32 Hen. 8, c. 34 (Lessee’s Covenants), 49 
 29 Car. 2, c. 3 (Statute of Frauds), ss. 1, 2.. 61 
 2 & 3 Anne, c. 4 (West Riding Registry), ss. 20, 21... 15 
 6 Anne, c. 35 (Hast Riding Registry), ss. 14, 15, ib. 
 7 Anne, c. 20 (Middlesex Registry), ss. 8-10, 2b. 
 8 Geo. 2, c. 6 (North Riding Registry), ss. 15-17, ib. 
 14 Geo. 3, c. 78 (Fire Insurance), s. 83 .. 70 
 3. & 4 Will. 4, c. 27 (Statute of Limitations), 111 
 ——-—. c. 74 (Abolition of Fines and Recoveries), 
 251 
 8 & 9 Vict. c. 18 (Lands Clauses Act, 1845), s. 32..101 
 - c. 106 (Amending Law of Real Property), 
 §. 2s LOLS 8 Soe ba 
 13 & 14 Vict. c. 21 (Shortening Acts of Parliament), s. 4 
 youll baa ehedy EGP: 
 15 & 16 Vict. c. 76 (Common L. P. Act, 1852), 8. 212.. 
 o2 
 22 & 23 Vict. c. 35 (Lord St. Leonards’ Property Amend- 
 ment Act), s. 3..50 ;ss.4-9 ..52; 8.21 .. 102, 323 (a); 
 
 s. 26..100 
 
 22 & 23 Vict. c. 61 (Settled Property after Divorce), s. 5 
 .. 224 (a) | 
 
 23 & 24 Vict. c. 126 (Common L. P. Act, 1860), ss. 1, 2 
 . O2 
 
 23 & 24 Vict. c. 145 (Lord Cranworth’s Act), 63, 65, 81, 
 82, 87, 120 
 
INDEX TO THE STATUTES AND NOTES. 369 
 
 STATUTES cited—continued. 
 
 30 & 31 Vict. c. 144 (Policies of Assurance Act), 156, 
 272, n. : 
 
 32 & 33 Vict. c. 46 (Specialty and Simple Contract 
 Debts), 39 
 
 36 & 37 Vict. c. 66 (Judicature Act, 1873), ss. 24, 25 (11) 
 ..106; 8. 25 (6) .. 273, n. 
 
 37 & 38 Vict. c. 42 (Building Societies) s. 42 ..195 (a) 
 
 38 & 39 Vict.c. 87 (Land Transfer Act, 1875), 8. 48 ..13; 
 8.129 ..14 
 
 38 & 39 Vict. c. 90 (Friendly Societies) s. 16 (7) ..195 (a) 
 
 41 Vict. c. 19 (Settled Property after Divorce), s. 3.. 
 224 (a) 
 
 45 & 46 Vict. c. 38 (Settled Land Act), s. 63. .49, 216 (a), 
 233 (a), 258 
 
 Statutes enabling investments of trust money, 92, 93 
 
 STATUTORY CONDITIONS OF SALE, 
 summary of: See INDEX or Forms, tié. ConpITIONS OF SALE. 
 
 STATUTORY DECLARATION ACT, 
 short title, 117 
 
 STATUTORY FORMS, 74-77, 124-129 
 See INDEX oF Forms. 
 object of forms in third schedule to C. A., 77 
 implied covenants in, 76 
 sufficiency of forms in fourth schedule to C. A., 105 
 
 SUBDEMISE: See UNDERLEASE. 
 
 SUMMONS IN CHAMBERS, 
 under V. & P. A. on questions between vendor and 
 purchaser, 15 
 position of parties under, 7b. 
 instances of applications, 7b. 
 under Conv. A., 118 
 
 SUPPLEMENTAL DEED, how to be read, 103 
 
 SURRENDER of copyholds, 
 no implied covenants in, 41 
 secus as to covenant to surrender, 2b. 
 how expressed, 102 
 
 bo 
 es} 
 
370 INDEX TO THE STATUTES AND NOTES. 
 
 SURVIVORSHIP 
 of powers to executors or trustees, 88 
 of benefit of covenants with two or more jointly, 107 
 of money advanced or owing on a joint account, 108 
 
 words of, omitted in covenants with mortgagees, 207 (e) 
 210 (c) 
 
 TACKING, disallowance of, by V. & P. A. repealed, 14 
 TAIL: See Estate Tat. 
 
 TENANCY, 
 purchaser not bound to ascertain terms of, 199 (a) 
 
 TENANT FOR LIFE, 
 sale by, under Settled Land Act, 258, n. 
 lease by, under same Act, 233 (a) 
 
 TENANT FOR LIFE AND REMAINDERMAN. 
 implied covenants by, 31 
 
 TENANTS IN COMMON, 
 implied covenants by, 31 
 
 TERM to secure rentcharge, 
 when limitation of, or power to limit, necessary, 97 
 
 TIMBER, 
 power of mortgagee in possession to cut and sell, 64 
 powers of trustees during the minority to fell, 91 
 must not be sold separately by trustees without express 
 authority, 189 (b) 
 
 TITLE, 
 implied conditions as to, 
 freeholds, root of, 11 
 lease, 12 
 underlease, 19, 50 
 enfranchised copyholds, 19 
 earlier than legal or stipulated time for commence- 
 ment, 20 
 proved bad aliunde, 20 
 contract should fix date for commencement, 21 
 what not proper commencement, 7b. 
 freeholder or leaseholder granting lease, under different 
 obligations as to showing, 51 
 
INDEX TO THE STATUTES AND NOTES. ots 
 
 TITLE DEEDS: See Deeps. 
 
 TRANSFER OF MORTGAGE, 
 obligation of mortgagee as to, 55 
 with further security, stamp on, 76 
 when made by endorsement, 316 (a) 
 statutory, 75, 124, 125 
 
 TRUST AND MORTGAGE ESTATE, 
 devolution of, on death, 77, 291, n. 
 devise of, now ineffectual, 78 
 vesting of trust estate on appointment of new trustees, 
 81, 83, 84 
 on retirement of trustee, 83, 85 
 sale of trust estate with other property, 86 
 
 TRUSTEES, 
 when vendor is not a trustee, 24 
 implied covenant on conveyance by, 38 
 appointment of new, 80 
 petition for, where unnecessary, 7. 
 of separate on distinct trusts, 137 
 when made by Court, 7b. 
 disclaiming trustee, 80 
 bankrupt trustee, 81 
 ‘‘new trustee,” 7b. 
 refusing or retiring, when deemed continuing trustee, 82 
 number may be increased, ib. 
 reduced, when, ib. 
 VESTING OF TRUST PROPERTY IN, 81, 83 
 declaration as to, 84, 85 
 applicable to all appointments of new trustees, 84 
 must be by deed, ib. 
 stamp on, 2b. 
 chose in action, 2b. 
 no declaration as to equities, <b. 
 effect of vesting clause, 85 
 where there should be separate deed of convey- 
 ance, ib. 
 exceptions from vesting by declaration, ib. 
 retirement and discharge of, 83 
 register searches for declarations of vesting, 86 
 
 2B 2 
 
372 INDEX TO THE STATUTES AND NOTES. 
 
 TRUSTEES—continued. 
 POWERS OF 
 to buy or sell under V. & P. A., 13 
 under C. A., 23 
 to sell by auction or private contract, where autho- 
 rized to sell, 86 
 words sufficient to authorise sale, 7b. 
 to give receipts, ib. 
 to compound debts, 87 
 to manage infant’s land, 90 
 to apply income of land and other property of 
 infant, 91, 94 
 and invest and accumulate surplus income, 92, 
 94 
 of new trustees, 82 
 of trustees appointed by Court, 83 
 summary of statutory powers of, 79 
 survivorship of powers or trusts of, 88 
 adopting C. A. protected, 115 
 convey according to their estate, 249, n. 
 disclaimer of power by, 138 
 release of power by, 7b., 102 
 
 UNDERLEASEH, 
 payment of rent and performance of covenants under, 
 evidence of, 21 
 title to freehold not to be called for, in contract to grant 
 or assign, 12 
 nor title to leasehold reversion, in contract to sell and 
 | assign, 19 
 nor in contract to grant, 50 
 purchaser of lease not bound to take, 198 (a) 
 
 UNDERLESSEE, 
 has notice of his lessor’s title, 19 
 intended, not to call for his lessor’s freehold title, 50 
 contra as to leasehold title, 51 
 
 ~UNDERLESSOR’S TITLE, 
 
 underlessee has notice of, 19 
 
INDEX TO THE STATUTES AND NOTES. 3138 
 UNDERTAKING 
 
 for safe custody of documents, 45 
 obligation under, 7b. 
 damages under, 2b. 
 application to Court under, ib. 
 satisfies liability to give covenant for safe custody, tb. 
 stamp on, when by separate document, 47 
 to and by whom given, 48 
 trustees should not give, 46 
 
 UNDIVIDED SHARE 
 included in definition of land in C. A., 16 
 powers over during infancy, 93 
 
 VENDOR to be named or otherwise described in contract, 
 189 (a). 
 
 VENDOR & P. A., 11-15 
 effect of, on form and contents of documents, 1, 2 
 
 VESTING TRUST PROPERTY 
 on appointment or retirement of trustees, 81, 83 
 apples to all appointments of trustees, 84 
 declaration as to, must be by deed, 2b. 
 none for equities, 7b. 
 stamp on, 1b. 
 register searches as to, 86 
 
 WIDOW, effect of words “without ever having been 
 married” in settlement on second marriage of, 224 (b) 
 
 WIFE: See Marriep Woman ; HusBpanp AND WIFE. 
 
 WILL, non-registration of, in Middlesex and Yorkshire, 
 cured in certain cases, 14 
 time allowed for registration, 15 
 
 WORDS OF LIMITATION, 
 “‘ fee simple,” “in tail,” &c., 102 
 “assigns, 258, n. 
 none necessary in premises of deed, 254, n. 
 
 WRITING, definition of, in C. A., 18 
 
 WRITS OF EXECUTION, 
 searches for on judgments, 133, 134 
 on Crown debts, 134, 135 
 
374 INDEX OF FORMS. 
 
 INDEX OF FORMS. 
 
 For explanation of abbreviations see p. 1 (a), ante. 
 
 Or 
 
 ACKNOWLEDGMENT of right to production, 207 
 conditions as to, 202 
 
 ADMINISTRATOR: See Persona REPRESENTATIVE. 
 
 ADVANCEMENT Clauses, 223, 244 
 
 AGREEMENT 
 for sale, 182 
 excluding mortgagor’s power to lease in mortgage, 214 
 varying powers of leasing in mortgage, 288 
 applying leasing powers to, 7b. 
 for settling other property of wife, 229 
 
 ANNUITY, covenant to pay, 302 
 ASSIGNMENT 
 
 of life interest in investments (on mortgage), 270 
 3 rf (on settlement), 300 
 
 of policies, 272, 274, 314 
 
 of mortgage debt, 276, 278, 281, 284, 316 
 
 of wife’s fortune in marriage settlement, 300, 309 
 
 ATTESTATION CLAUSE in will or codicil, 248 
 BONUS, application of, 234 
 CODICIL, commencement and end of, 236 
 
 CONDITIONS OF SALE. 
 I. CoNDITIONS IMPLIED BY STATUTE, 
 forty years substituted for sixty as root of title, 11 
 lessor’s title not to be called for, 12 
 nor right to grant lease, 21 
 
INDEX OF FORMS. alo 
 
 CONDITIONS OF SALE—continued. 
 I. ConpDITIONS IMPLIED BY STATUTE—continued. 
 underlessor’s title not to be called for, 19 
 nor right to grant underlease, or superior 
 lease, 21 
 receipt for last payment of rent under lease, evidence 
 that covenants have been performed, 7b. 
 receipt for last payment of rent under underlease, 
 evidence that covenants thereof, and rent and 
 covenants under superior lease have been paid 
 and performed, 7b. 
 title to enfranchised copyholds, 19 
 recitals as to land or hereditaments twenty years old 
 to be evidence, 2, 12 
 recitals as to any property prior to commencement 
 of title to be assumed correct, 2, 20 
 prior title, requisitions, &c., precluded, 20 
 expense of journeys and searches, 22 
 of attested and other copies, ib. 
 production of documents and evidence not in 
 vendor’s possession, expense of, tb. 
 purchaser of several lots only to have one 
 abstract, 2b. 
 inability of vendor to furnish covenant for, 
 where not an objection, 12 
 cost of covenant for, 7b. 
 vendor’s right to retain documents, 13 
 execution of purchase deed, 42 
 authority for payment of consideration to solicitor, 
 104 
 summary of, 179-181 
 II. ConpITIONS EXPRESSED IN CONTRACT. 
 1. Ordinary conditions on sale by auctions :— 
 bidding and reserve price, 186 
 consolidation of lots, 7b. 
 deposit ; time for completion, 7b. 
 interest in case of delay, 187 
 requisitions and replies to answers, 7. 
 power to rescind, 188 
 conveyance ; delivery of draft, 2b. 
 power to resell, 2b. 
 memorandum for signature, 189 
 
376 INDEX OF FORMS. 
 
 CONDITIONS OF SALE—continued. 
 II. ConpirioNs EXPRESSED IN ConTRACT —continued. 
 2. Special conditions of sale :— 
 
 power to withdraw, refuse biddings, and re- 
 arrange lots, 189 | 
 
 timber and fixtures at a valuation, 2b. 
 
 where property sold with possession, 190 
 
 abstract to small lots, ib. 
 
 commencement of title ; will, 191 
 
 enfranchised copyholds, ib. 
 
 distinguishing titles; measurements, 192 
 
 where documents subsequent to commencement 
 of title cannot be produced, 2b. 
 
 on sale of lots held under one lease subdemises 
 to be made by one purchaser to the others, 7b. 
 
 bare legal estate, 193 
 
 tithes ;- repairs of chancel, 194 
 
 documents in hands of mortgagees, ib. 
 
 allotments and exchanges, ib. 
 
 lease at a nominal rent, 195 
 
 building-society mortgages, 7b. 
 
 dower ; origin of rents; recitals evidence, ib. 
 
 unstamped or unregistered documents, 196 
 
 power of attorney to surrender copyholds, 7b. 
 
 sale of business as going concern, 7b. 
 
 mortgage term under a subdemise, 197 
 
 leases, 198, 199 
 
 underleases described as leases, 198 
 
 leaseholds subject to underleases, 2b. 
 
 tenants’ leases, 7b. 
 
 lease by mortgagor alone, 199 
 
 benefit of fire insurance, 7b. . 
 
 easements; tenancies; fences; apportionment 
 of tenants’ rents, land tax, and tithe rent- 
 charge, 199, 200 | 
 
 freedom from land tax and tithe rent-charge, 200 
 
 enlargement of long term; identity, ib. 
 
 covenant by vendor as ‘mortgagee or trustee, 
 201 
 
 where vendor tenant for life, 7b. 
 
 incumbrancer not to be required to release by 
 separate instrument, 7b, 
 
INDEX OF FORMS. ott 
 
 CONDITIONS OF SALE—continued. 
 II. ConDITIONS EXPRESSED IN ConTract—continued. 
 2. Special conditions of sale—continued. 
 errors in description, with or without com- 
 pensation, 7b., 202 
 documents, 202, 203 
 3. Special conditions applicable to sales under the 
 Court :— 
 certificate and proofs in proceedings to be evi- 
 dence, 203 
 reservations how to be provided for, 204 _ 
 production of documents in hands of mort- 
 gagees, 1b. 
 application of money in discharge of incum- 
 brances, 2b. ; 
 covenant by person appointed to convey, 205 
 
 CONSOLIDATION OF MORTGAGES, 285 
 
 CONTINUANCE OF LOAN, 
 provision for, 213 
 
 CONTRIBUTORY MORTGAGH, 
 power to lend on, 234 
 
 CONVEYANCE, 
 
 by mortgagees or trustees and beneficial owner, 249 
 
 by trustees by direction of tenant for life, 250 
 
 by husband and wife, <b. 
 
 by wife, 2b. 
 
 by tenants in common, 251 
 
 by joint tenants, 252 
 
 by tenant for life and remainderman, 253 
 
 of freeholds by beneficial owner, 253 
 
 of freeholds by tenant for life of proceeds of sale under 
 a settlement creating trust for sale, 256 
 
 of freeholds by mortgagor and mortgagee, C. A. 4th Sch., 
 Form III.,; 128, 249 
 
 of freeholds by executor of survivor of deceased mort- 
 gagees under power of sale in C. A., 255 
 
 of leaseholds, 258 
 
 of freeholds by beneficial owner, 261 
 
 of leaseholds by mortgagee and beneficial owner, 262 
 
378 INDEX OF FORMS. 
 
 CONVEYANCE —continued. 
 of freeholds and leaseholds to uses and upon trusts of 
 will, 259 
 of freeholds on trust to sell, 292 
 of residence to trustees of settlement, 304 
 
 COPYHOLDS, 
 covenant to surrender by mortgagor, 267 
 by settlor, 292 
 declaration on retirement of trustees, vesting right 
 to sue under, 330 
 - release of, on reconveyance by mortgagee, 291 
 
 COVENANT 
 by purchaser of leaseholds to pay rent, &c., 206 
 by mortgagor to pay principal, further advances, and 
 interest, 207, 208 
 to keep up life insurance, 210 
 fire insurance, 211 
 
 by settlor to keep up life insurance, 227 
 joint and several, 208 
 by mortgagee for reduction of interest, 212 
 
 for continuance of loan, 213 
 by tenant for life, proviso restricting, 206 
 by remainderman, proviso restricting, 253 
 to pay annuity, 302 
 to surrender copyholds: See CopyHo.ps. 
 
 DEEDS: See Documents. 
 
 DEMISE, 
 of life estate on mortgage, 269 
 on settlement, 315 
 of lease Ly subdemise, 265 
 DISENTAILING ASSURANCE, 
 recital of, 285 
 
 DOCUMENTS, 
 acknowledgment of right to production of, 207 
 undertaking for safe custody of, 2b. 
 conditions as to, 192, 194, 202, 203 
 
 ENLARGEMENT of long terms: See Lone Terr. 
 EXECUTOR: See Persona, REPRESENTATIVE. 
 
Oo 
 =I 
 le) 
 
 INDEX OF FORMS. 
 FIXTURES, condition as to, 189 
 FORMS, GENERAL: See GENERAL Forms. 
 FORMS, STATUTORY: See Srarurory Forms. 
 
 FURTHER CHARGE, 
 on freeholds, C. A. 4th Sch., Form II., 127 
 and transfer, 277 
 on life-interest and policies, 273 
 
 GENERAL FORMS, 206-248 
 See Taste oF Contents, Part II., CuHap. IV. 
 
 HUSBAND AND WIFE, conveyance by, 250 
 
 INCUMBRANCES, 
 recital of, 285 
 schedule of, 287 
 
 INFANT, settlement on marriage of, 306 
 
 INSURANCE, 
 fire, covenant to keep up, 2i1 
 life, covenant to keep up in mortgage, 210 
 in settlement, 227 
 
 INTEREST, 
 covenant for payment of, 208 
 reduction of, provisions for, 212 
 
 INVESTMENT, powers of, 216, 217 
 trust for, 216-218 
 
 JOINT TENANTS, conveyances by, 252 
 
 LAND TAX, conditions as to apportionment of and freedom 
 from, 200 
 
 LEASH, 
 recital of, 259, 265 
 mesne assignments, recital of, 265 
 conveyance of, 258 
 
380 INDEX OF FORMS. 
 
 LEASE—continued. 
 mortgage of, by demise, 265 
 transfer of mortgage of, 279, 282 
 restricting mortgagor’s power to, 214 
 varying powers of C. A. in mortgages, 288 
 applying powers of C. A. to mortgages, 2b. 
 
 LIFE INTEREST, 
 demise of, on mortgage, 269 
 on settlement, 315 
 
 LONG TERM, enlargement of, into fee simple, 
 by tenant for life, 336 
 by executors, as to part of land demised, 337 
 condition of sale as to, 200 
 
 LUNATIO, appointment of new trustee in place of, 319, 320 
 
 MORTGAGE, 
 forms in, 207-215: And see TaBLE or Contents, Part II. 
 of freeholds, C. A. Sch. 4, Form I., 126 
 with special provisions, 264 
 to secure consolidated debt and further 
 advance, 285 | 
 of leaseholds, 265 
 of copyholds, 266 
 of freeholds, leaseholds, and copyholds, 267 
 of life interest and policies, 269 
 in fee, consolidating incumbrances, 285 
 statutory forms: See Statutory Forms. 
 agreement in, varying statutory power of leasing, 288 
 agreement giving statutory power of leasing, ib. 
 further charge: See FurTHER CHARGE. 
 transfers of: See TRANSFER OF MorTGAGE. 
 recitals of : See Rucrra.s. 
 
 MORTGAGE DEBT, 
 transfer of, 277, 278, 281, 284 
 
 ORDER, 
 under Infants’ Settlement Act, approving marriage and 
 settlement, recital of, 308 
 
INDEX OF FORMS. 381 
 
 PERSONAL REPRESENTATIVE 
 of deceased mortgagee, 
 conveyance on sale by, 255 
 transfer of mortgage by, 277 
 reconveyance by, 290 
 of deceased owner, enlargement of long term by, 337 
 
 POLICY ON LIFH, 
 mortgage of, 269, 273 
 settlement of, 313 
 
 See INSURANCE. 
 
 POWERS: See SerrLeEMENT ; WILL. 
 
 PRODUCTION OF DOCUMENTS, 
 acknowledgment of right to, 207 
 
 PROVISO 
 restricting covenants by tenant for life, 206 
 by remainderman, 253 
 
 PURCHASE DEED, 
 covenant in, by purchaser of leaseholds to pay rent, &c., 
 206 
 proviso in, restricting covenants by tenant for life, ib. 
 by remainderman, 253 
 
 RECITALS 
 
 of action for administration, 308 
 of decree in, ib. 
 
 of agreement for marriage, 293, 307 
 for mortgage, 265 
 for further advance, 274 
 for transfer of mortgage, 276, 281 
 for transfer and further advance, 278 ‘ 
 for purchase, 261, 305 
 for sale, 257 
 for settlement, 294 
 
 of chief clerk’s certificate, 308 
 
 of death and probate of will, 255, 276 
 
 of disentailing assurance, 285 
 
 of incumbrances in schedule, 7b. 
 
 of lease, 265 
 of mesne assignments of, tb. 
 
382 INDEX OF FORMS. 
 
 RECITALS—continued. 
 of life interest, 269, 315 
 policies, 270 
 of long term, 259 
 of devolution of, 2b. 
 of lunacy of trustee, 319 
 of mortgage, in transfer, 280, 282, 283 
 in conveyance, 255 
 of mortgage debt due, 255, 280, 282 
 of order under Infants’ Settlement Act, sanctioning 
 marriage, 309 (a) 
 approving settlement, ib. 
 of settlement on trust for sale, 256 
 of seisin of freeholds, 259 
 of title to equity of redemption, 280 
 to a portion, 307 
 under a settlement, 298 
 will, 299 
 to a share of residuary estate, 307 
 to wife’s fortune on marriage, 298, 307 
 of transfer of mortgage, 282, 283 
 of transfer of investments on marriage, 298 
 of will, death of testator and probate, 255, 259, 324 
 that deed is supplemental, 321, 329, 331, 332, 337 
 
 RECON VEYANCE, 
 statutory, 126 
 of freeholds, leaseholds, and copyholds, 290 
 
 REDEMPTION, proviso for, 
 freeholds, and leaseholds by sub-demise, 209 
 copyholds, 7b. 
 
 REMAINDERMAN, 
 conveyance by, and tenant for life, 253 
 proviso restricting covenants by, 2b. 
 
 REQUISITIONS for official search, 169-173, 178 
 
 RULES, 
 forms under, of requisitions for, and certificates of 
 search, 169-178 
 
INDEX OF FORMS. 383 
 
 SALE, 
 trust for, in settlement, 215 
 in will, 241 
 provision in mortgage for immediate exercise of power 
 of, 214 
 
 SCHEDULES, 
 of leases, 182 (b), 268 (a) 
 of policies, 270 
 of incumbrances, 287 
 
 SEPARATE TRUSTEES, 
 appointment of, by deed, 324 
 by will, 240 
 
 SETTLEMENT on marriage, 
 J. Reau SETTLEMENT, 
 form of, in C. A. 4th Sched., 128 
 JI. PrErsonaL SETTLEMENTS, 
 forms in, 215-236. And see SETTLEMENT, TRUSTS IN, 
 Powers IN; TABLE oF Contents, Part II. 
 conveyance of freeholds and covenant to surrender 
 copyholds on trust to sell, 292 
 of proceeds of sale, 293 
 of investments transferred by wife, 7b. 
 by husband, 297 
 of wife’s reversionary interest, ib. 
 portion, 307 
 share in residuary estate, ib., 299 
 of policy on husband’s life, 313 
 of mortgage, 316 
 on marriage of infant ward of Court, 306 
 TRUSTs IN, 
 for conversion and investment, 216-218, 300 
 to pay income of husband’s trust fund to husband 
 and wife successively, 296 
 income of wife’s trust fund to husband for life 
 restrictive of alienation, and then to her for 
 life, 296 
 to wife for life, and then to husband for life 
 restrictive of alienation, 219, 302 
 to wife and husband successively, 218 
 
384 INDEX OF FORMS. 
 
 SETTLEMENT on marriage—continued. 
 T'RusTs IN— continued. 
 for issue, as husband and wife or survivor shall 
 appoint, 221 | 
 in default for children, 7b. 
 except son coming to title, 311 
 entitled to settled estates, 221, 222 
 hotchpot clause, 222 
 ultimate trusts, 223, 224 
 POWERS IN, 
 of advancement, 223 
 for wife to appoint to husband an annual sum, 225 
 income to him, 7b. 
 for wife to make settlement on future marriage, 
 226 
 to purchase land, 231 
 residence, 232 
 to lease, 233 
 to concur in partition, 7b. 
 to deposit money in bank, 234 
 to make contributory loans, 2b. 
 loans for a term, 2b. 
 to apportion mixed funds, 235 
 to deposit securities to bearer, 7b. 
 for solicitor trustee to be paid costs, ib. 
 to appoint new trustees, 236 
 in infant’s settlement to raise money for outfit and 
 costs, 312 
 to permit investments to be retained, 303 
 agreement to settle other property of wife, 229 
 covenant by wife’s father to pay an annuity, 302 
 husband to keep up policy, 227 
 appointment of new trustees of, 318 
 retirement and discharge of trustee of, 326 
 
 | SOLICITOR trustee to be paid his costs, 235 
 
 STATUTORY FORMS, 124-129 
 Forms IN 38RD SCHED. To C. A. 
 mortgage, 124 
 transfer, 2b., 125 
 and mortgage, 125 
 reconveyance, 126 
 
INDEX OF FORMS. 385 
 
 STATUTORY FORMS—continued. 
 Forms IN 4TH scuep. TO C. A. 
 mortgage, 126 
 further charge, 127 
 conveyance on sale, 128 
 marriage settlement (real estate), ib. 
 
 SUPPLEMENTAL, 
 
 recital that deed is, 321, 329, 331, 332, 337 
 
 deed, further charge by, 273 
 transfer of mortgage by, 276, 277, 323 
 reconveyance by, 290 
 appointment of new trustees by, 318, 320, 321 
 retirement and discharge of trustee by, 826, 329, 
 
 330 
 
 TENANT FOR LIFH, 
 conveyance by, under Settled Land Act, s. 63..256 
 conveyance by, and remainderman, 253 
 by direction of, 250 
 proviso restricting covenants of, 206 
 
 TENANTS IN COMMON, 
 conveyances by, 251 
 
 TERM, deed enlarging long, into a fee: See Lona Term. 
 TESTIMONIUM in will, 248 
 
 TITHE RENTCHARGEH, conditions as to apportionment of, 
 and freedom from, 200 
 
 TIMBER, condition as to, 189 
 
 TRANSFER OF MORTGAGE 
 of freeholds, 283 
 and of further charge, 276 
 with further charge, 277 
 of leaseholds (long terms), 279 
 of freeholds on marriage, 316 
 on appointment of new trustees, 
 where mortgage made before marriage, 321 
 where made after marriage, trust not being dis- 
 closed, 323 
 2c 
 
386 INDEX OF FORMS. 
 
 TRANSFER OF MORTGAGE—continued. 
 on retirement and discharge of trustees, 
 where mortgage made before marriage, 331 
 where made after marriage, 332 
 
 TRUSTS: See SerrLeMEent ; WILL. 
 
 TRUSTEES, 
 new, appointment of, 318, 320, 321 
 separate, appointment of, 324 
 retirement and discharge of, 326, 329, 330 
 power to appoint new, in settlement, 236 
 in will, 335 
 
 UNDERTAKING for safe custody of documents, 207 
 conditions as to, 202, 203 
 
 VESTING 
 of trust property in new trustees 
 declaration affecting, 319, 321 
 
 in remaining trustees on retirement of one, 328, 329, 330 
 
 WILL, 334 
 
 forms in, 236-248: And see Tanz or Contents, Part IT. 
 appointment of trustees and executors, and legacies to 
 
 them, 236 
 appointment of guardians, 237 
 confirmation of testator’s settlement, 7b. 
 bequest of furniture, &c., 20. 
 of charitable and other legacies, ¢b., 239 
 of annuities, 255 
 
 bequest to A. for life with remainder to his issue 
 
 per stirpes, 240 
 
 general devise and bequest in trust for sale and 
 
 investment, 241 
 TRUSTS IN, 
 for wife for life, 243 
 during widowhood, ib. 
 
 for issue as she shall appoint, in default for 
 children equally; hotchpot clause, 243 
 settlement of daughters’ shares in residue, 244, 246 
 
 of daughters’ legacies, 245, 246 
 See SETTLEMENTS, TRUSTS IN. 
 
INDEX OF FORMS. 387 
 
 WILL—continued. 
 PowWERS IN, 
 advancement clause, 244 
 for daughters to appoint life interest to’ surviving 
 husbands, 246 
 to mortgage for payment of debts, &c., 247 
 See SETTLEMENTS, POWERS IN. 
 
 ultimate gift in, 335 
 
 power to appoint new trustees of, 7b. 
 separate trustees of legacy, 240 
 
 testimonium and attestation clause, 248 
 
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