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take effect as an estate or interest to continue for (i.) A tenant in tail, including a tenant in tail who (5.) The married woman may execute, make, and the period for which it would continue if that person is by Act of Parliament restrained from barring | do all deeds, instruments, and things necessary or were to abstain from exercisiog the power, dig. or defeating his estate tail, and although the proper for giving effect to the provisions of this charged from liability to determination or cesser by
reversion is in the Crown, and so that the section. or on his exercising the same.
exercise by him of his powers under this Act (6.) A restraint on anto'pa'ion in the settle52. Provision against forfeiture.] Notwithstanding
shall bind the Crown, but not ineluding such ment shall not prevent the exercise by her of any anything in a settlement, the exeroise by a tenant
a tenant in tail where the land in respect power under this Aos. for life of any power under this Act shall not 000a.
whereof he is so restrained was purcbased with
62. Tenant for life, lunatic. 7 Where a tenant for sion a forfeiture.
money provided by Parliament in considera-
life, or a person having the powers of a tenant for 53. Tenant for life trustee for all parties interested, ] (ii.) A tenant in fee simple, with an executory
life onder this Act, is a lanatio, so found by inquisi. A tenant for life shall, in exeroising any power limitation, gift, or disposition over, on failure
tion, the committee of his estate may, in his name under this Aot, have regard to the interests of all of his issue, or in any other eventi
and on his behalf, under an order of the Lord parties entitled under the settlement, and shall, in (iii.) A person entitled to a base fee, although the
Chancellor, or other person intrusted by virtue of relation to the exercise thereof by bim, be deemed
reversion is in the Crown, and so that the
the Queen's Sign Mangal with the care and committo be in the position and to have the duties and lia
exercise by him of his powers under this Act
ment of the custody of the persons and estates of bilities of a trustee for those parties.
shall bind the Crown :
lanatics, exercise the powers of a tenant for life
(iv.) A tenant for years determinable 54. General protection of purchasers, fc.] On a sale,
under this Act ; and the order may be made on the
not holding merely under a lease at a rent: exchange, partition, lease, mortgage, or charge, a
petition of any person interested in the settled land, (v.) A tenant for life of another, not holding
or of the committee of the estate. purchaser, lessee, mortgagee, or other person dealing in good faith with a tenant for life shall, as against all
merely under a lease at a rent:
XV.-SETTLEMENT BY WAY OF TRUSTS FOR SALE. parties entitled under the settlement, be conclusively
(vi.) A tenant for his own or any other life, or for taken to have given the best price, consideration, or
years determinable on life, whose estate is
63. Provision for case of trust to sell and re-invest in rent as the case may require, that could reasonably
liable to cease in any event during that life,
land.] (1.) Any land, or any estate or interest in be obtained by the tenant for life, and to have com.
whether by expiration of the estate, or by
land, which under or by virtae of any deed, will, plied with all the requisitions of this Act.
conditional limitation, or otherwise, or to be
or agreement, covenant to surrender, copy of court
defeated by an executory limitation, gift, or roll, Act of Parliament, or other instrument or any 55. Erercise of powers ; limitation of provisions, fc.]
disposition over, or is subject to a trust for number of instruments, whether made or passed (1.) Powers and authorities conferred by this Act on a accumulation of income for payment of debts before or after, or partly before and partly after, tenant for life or trustees or the Court or the Land
or other purpose:
the commencement of this Act, is subject to a trust Commissioners are exerciseable from time to time.
(vii.) A tenant in tail after possibility of issue or direotion for sale of that land, estate, or interest, (2.) Where a power of sale, enfranchisement,
and for the application or disposal of the money to exchange, partition, leasing, mortgaging, charging,
(viii.) A tenant by the curtesy :
arise from the sale, or the jocome of that money, or or other power is exercised by a tenant for life, or by
(ix.) A person entitled to the income of land under the income of the land until sale, or any part of the trustees of a settlement, he and they may
a trust or direction for payment thereof to him that money or income, for the benefit of any person respectively execute, make, and do all deeds,
during his own or any other life, whether for his life, or any other limited period, or for the iostruments, and things necessary or proper in that
subject to expenses of management or not, or benefit of two or more persone concurrently for any behalf.
until the sale of the land, or until forfeiture of limited period, and whether absolutely, or sabject to (3.) Where any provision in this Act refers to sale,
bis interest therein on bankruptcy or other a trust for accumulation of income for payment of purchase, exchange, partition, leasing, or other dealing,
| debts or other purpose, or to any other restriction, or to any power, consent, payment, receipt, deed,
(2.) In every such case, the provisions of this Act shall be deemed to be settled land, and the instrument assurance, contract, expenses, act, or transaction, the referring to a tenant for life, either as conferring lor instruments under which the trust arises shall be same shall be construed to extend only (unless it 18 | powers on him or otherwise, and to a settlement, and I deemed to be a settlement; and the person for the otherwise expressed) to sale3, purchases, exchanges, to settled land, shall extend to each of the persons | time being beneficially entitled to the income of the partitions, leasings, dealings, powers, consents, psy. | aforesaid, and to the instrument under which his land, estate, or interest aforesaid until sale, whether ments, receipts, deeds, assurances, contracts, expenses, l estate or interest arises, and to the land therein com. I absolutely or subject as aforesaid, shall be deemed to be acts, and transactions under this Act. prised.
tenant for life thereof; or if two or more persons are 56. Saving for other powers.) (1.) Nothing in this (3.) In any such case any reference in this Act to so entitled concurrently, then those persons shall be Act shall take away, abridge, or prejadicially affect death as regards & tenant for life shall, where deemed to constitute together the tenant for life thereof any power for the time being subsisting under a necessary, be deemed to refer to the determination by and the persons, if any, who are for the time being under settlement, or by statute or otherwise, exerciseable death or otherwise of such estate or interest as last the settlement trustees for sale of the settled land, or by a tenant for life, or by trustees with his consent, aforesaid,
having power of consent to, or approval of, or control or on his request, or by his direction, or otherwise ;
over the sale, or if under the settlement tbere are and the powers given by this Act are cumulative. XIV.--INFANTS; MARRIED WOMEN; LUNATICS.
no such trustees, then the persons, if any, for the time (2.) Bat, in case of conflict between the provisions
being, who are by the settlement declared to be
59. Infant absolutely entitled to be as tenant for of a settlement and the provisions of this Act, rela.
trustees thereof for purposes of this Act are for purtive to any matter in respect whereof the tenant for | life.] Where a person, who is in his own right seised
poses of this Act trustees of the settlement. life exercises or contracts or intends to exercise any of or entitled in possession to land, is an in fant, then
(2.) In every such case the provisions of this Act power under this Act, the provisions of this Act for purposes of this Act the land is settled land, and
referring to a tenant for life, and to a settlement, shall prevail; and, accordingly, notwithstanding the infant shall be deemed tevant for life thereof.
and to settled land, shall extend to the person or peranything in the settlement, the consent of the tenant' 60. Tenant for life, infant.] Where a tenant for sons aforesaid, and to the instrument or instrufor life shall, by virtue of this Act, be necessary to life, or a person having the powers of a tenant for ments under which his or their estate or interest the exercise by the trustees of the settlement or other life under this Act, is an infant, or an infant would, arises, and to the land therein comprised, subject person of any power conferred by the settlement exer. | if he were of full age, be a tenant for life, or have the and except as in this section provided (that is to ciseable for any purpose provided for in this Act. powers of a tenant for life under this Act, the powers say) :
(3.) If a question arises, or a doubt is entertained, of a tenant for life under this Act may be exercised (i.) Any reference in this Act to the predec 28sors respecting any matter within this section, the Court on his bebalf by tbe trustees of the settlement, and if
or successors in title of the tenant for life, or may, on the application of the trustees of the settle there are none, then by such person and in such
to the remaindermen, or reversioners or other ment, or of the tenant for life, or of any other person manner as the Court, on the application of a testa
persons interested in the settled land, shall be interested, give its decision, opinion, advice, or direc mentary or other guardian or next friend of the deemed to refer to the persons ioterested in tion thereon.
Infant, either generally or in a particular instance, succession or otherwise in the money to arise orders.
from sale of the land, or the income of that 57. Additional or larger powers by settlement. ] (1.)
money, or the income of the land, until salo 61. Married woman, how to be affected.] (1.) The Nothing in this Act shall preclude a settlor from conferring on the tenant for life, or the trustees of the foregoing provisions of this Act do not apply in the
(as the case may require).
(ii.) Capital money arising under this Act from gettlement any powers additional to or larger than I case of a married woman. (2.) Where a married woman who, if she bad not
the settled land shall not be applied in the those conferred by this Act.
parohage of land unless such application is (2.) Any additional or larger powers so conferred been a married woman, would have been a tepant for life or would have had the powers of a tenant for life
authorised by the settlement in the case of sball, as far as may be, notwithstanding anything in this Act, operate and be exerciseable in the like
capital money arising thereunder from sales under the foregoing provisions of this Act, is entitled manner, and with all the like incidents, effects, and for her separate use, or is entitled under any statute,
or other dispositions of the settled land, bat
may, in addition to any other mode of appliconsequences, as if they were conferred by this Act, passed or to be passed, for her separate property, or
cation authorised by this Aot, be applied in unless a contrary intention is expressed in the settle. | as a fome sole, then she, without her husband, shall have the powers of a tenant for life under this Act.
any mode in which capital money arising ment. (3.) Where she is entitled otherwise than as afore
under the settlement from any suoh sale or said, then she and her husband together shall bave
other disposition is applioable thereunder, XIII.-LIMITED OWNERS GENERALLY. the powers of a tenant for life under this Act.
subject to any oopgent required or direotion 58. Enumeration of other limited owners, lo have (4.) The provisions of this Act referring to a tenant given by the settlement with respect to the powers of tenant for life.] (1.) Each person as follows for life and a settlement and settled land shall extend application of trust money of the settlement. shall, when the estate or interest of each of them is in to the married woman without her husband, or to her (iü.) Capital money arising under this Act from possession, bave the powers of a tenant for life under and her husband together, as the case may require,
the settled land and the securities in which this Act, as if each of them were a tenant for life as and to the instrument under which her estate or the same is invested, shall not for any purdefined in this Act (namely) : interest arises, and to the land therein comprised.
pose of dispositio, transmission, or devola. 18
545 & 46 VICT.]
Sept. 39, 1882.
tion, be considered as land unless the same
make the search required, and shall make and file in would, if arising under the settlement from
the office a certificate setting forth the result thereof; & sale or disposition of the settled land, bave
and office copies of the certificate sball be issued on been so considered, and the same shall be 23 & 24 Vict. | An Act to give to
requisition, and an office copy shall be evidence of the held in trust for and shall go to the same c. 145. trustees, mort
certificate. persons Bucoessively in the same manner, and in part. gagees, and
(3.) In favour of a purchaser, as against persons for and on the same estates, interests, aod
interested under or in respect of judgments, deeds, or trasts as the same would have gone and been
powers now } in part; pamely other matters or documents, whereof entries are held if arising under the settlement from a
commonly in 1
required or allowed, as aforesaid, the certificate, sale or disposition of the settled land, and
serted in settle. I
according to the tenour thereof, shall be conclusive, the income of such capital money and seca
ments, mort. |
affirmatively or negatively, as the case may be. rities sball be paid or applied accordingly.
gages, and wills /
(4.) Every requisition under this section shall be (iv.) Land of whatever tenure acquired under this
in writing, signed by the person making the same, Act by purchase, or in exchange, or on parti.
Parts I. and IV.
specifying the name against wbich he desires search tion, shall be conveyed to and vested in the
(being so much of the Act as is not to be made, or in relation to which he reqaires an trustees of the settlement, on the trusts, and
repealed by the Conveyancing and office copy certificate of result of search, and other suhject to the powers and provisions whicb,
Liw of Property Act, 1881). sufficient particulars ; and the person making any under the settlement or by reason of the | 27 & 28 Vict. | TheImprovement i
such requisition shall not be entitled to a search, or exercise of any power of appointment or c. 114. of Land Act, Sin part; namely, an office copy certificate, until he has satisfied the charging therein contained, are subsisting
proper officer that the same is required for the par. with respect to the settled land, or would be so
Sections seventeen and eighteen : poses of this section. subsisting if the same had not been sold, or as
Section twenty-one, from “either (5.) General Rules shall be made for porposes of near thereto as circumstances permit, but so as
by a party " to " benefice) or " this section, prescribing forms and contents of requinot to increase or multiply charges or powers
(inclusive); and from “or if sitions and certificates, and regulating the practice of of charging.
the land owner" to " minor or the office, and prescribing, with the concurrence of the
minors" (inclusive); and “or Commissioners of Her Majesty's Treasury, the fees XVI. -REPEALS.
circumstanca" (twice): to be taken therein ; which Roles shall be deemed
Except as regards Scotland. Rales of Court within section seventeen of the Appel. 64. Repeal of enactments in schedule.] (1.) The 40 & 41 Vict. | The Settled Es-l:
late Jurisdiction Act, 1876, as altered by section enactments described in the schedule to this Act are c. 18.
| tates Act, 1877 in part; namely
nineteen of the Supreme Court of Judicature Act, hereby repealed.
1881, and may be made, at any time after the passing (2.) The repeal by this Act of any enactment shall
of this Act, to take effect on or after the commencenot affect any right accrued or obligation incurred
ment of this Act. thereunder before the commencement of this Act;
(6.) If any officer, clerk, or person employed in the nor shall the same affect the validity or invalidity, or | An Act for further improving the Practice of
office commits, or is party or privy to, any act of any operation, effect, or consequence, of any instrument executed or made, or of anything done or
Conveyancing; and for other purposes.
fraud or collusion, or is wilfully negligent, in the
making of or otherwise in relation to any certificate suffered, or of any order made, before the commence
[10th August 1882.
or office copy under this section, he shall be guilty of ment of this Act; nor shall the same affect any Be it enacted, &c. :
a misdemeanour. action, proceeding, or thing then pending or uncom
(7.) Nothing in this section or in any Rale made pleted ; and every such action, proceeding, and thing
thereunder shall take away, abridge, or prejudicially may be carried on and completed as if there had been
1. Short tilles ; commencement; extent ; interpre- affect any right which any person may bave indeno such repeal in this Act.
tation.] (1.) This Act may be cited as the Convey. pendently of this seotion to make any search in the
ancing Act, 1882 ; and the Conveyancing and Law office; and every such search may be made as if XVII.-IRELAND.
of Property Act, 1881 (in this Act referred to as the this section or any such Rale had not been enacted 65. Modifications respecting Ireland.] (1.) In the Conveyancing Act of 1881), and this Act may be or made. application of this Act to Ireland the foregoing cited together as the Conveyancing Acts, 1881, (8.) Where a solicitor obtains an office copy certi. piovisins shall be modified as in this section pro1882.
ficate of result and of search onder this section, he vided.
(2.) This Act, except where it is otherwise ex- shall not be answerable in respect of any loss that (2.) The Court shall be Her Majesty's High Court
pressed, shall commence and take effect from and may arise from error in the certificate. of Justice in Ireland.
immediately after the thirty-first day of December (9.) Where the solicitor is acting for trustees,
one thousand eight bundred and eighty-two, which (3.) All matters within the jurisdiction of that
executors, agents, or other persons in a fiduciary time is in this Act referred to as the commencement Court shall, subject to the Acts regulating that Court,
position, those persons also shall not be so answerof this Act. be assigned to the Chancery Division of that Court;
(3.) This Act does not extend to Scotland. but General Rules under this Act for Ireland may
(10.) Where such persons obtain such an office
(4.) In this Act and in the Schedule theretodirect that these matters or any of them be assigned
| copy without a solicitor, they shall also be pro
(i.) Property includes real and personal property, tected in like manner. to the Land Judges of that Division.
and any debt, and any thing in action, and (11.) Nothing in this section applies to deeds (4.) Any deed inrolled under this Act shall be any other right or interest in the nature ofiarolled under the Fines and Recoveries Act, or iprolled in the Record and Writ Office of that property, whether in possession or not; under any other Act, or under any statutory Rule. Division.
(ii.) Purchaser includes a lessee or mortgagee, or (12.) This section does not extend to Ireland. (5.) General Rules for purposes of this Act for
an intending purchaser, lessee, or mortgagee, Ireland shall be deemed Rules of Court within the or other person, who, for valuable considera
Notice. Supreme Court of Judicature Act (Ireland), 1877, and
tion, takes or deals for property, and purchase
3. Restriction on constructive notice.] (1.) A pur. may be made &ccordingly, at any time after the
has a meaning corresponding with that of
chaser shall not be prejudicially affected by notice passing of this Act, to take effect on or after the com
(iii.) The Act of the session of the third and fourth mencement of this Act.
of any instrument, fact, or thing unless
(i.) It is within his own knowledge, or would (6.) The several Civil Bill Courts in Ireland shall,
years of King William the Fourth (chapter
have come to his knowledge if such inquiries in addition to the jurisdiction possessed by them in:
seventy-four) " for the abolition of Fines and
and inspections bad been made as ought dependently of this Act, have and exercise the power
Recoveries, and for the substitution of inore and authority exerciseable by the Court under this
simple modes of Assurance" is referred to as
reasonably to have been made by him ; or Act, in all proceedings where the property, the sub
the Fines and Recoveries Act; and the Act of
(li.) In the same transaction with respect to ject of the proceedings, does not exceed in capital
the session of the fourth and fifth years of King
which a question of notice to the purchaser value five hundred pounds, or in aonual value thirty
William the Fourth (cbapter ninety-two) " for
arises, It has come to the knowledge of his the abolition of Fines and Recoveries, and for
counsel, as such, or of his solicitor, or other pounds.
agent, as such, or would have come to the
the substitution of more simple modes of (7.) The provisions of Part II. of the County
knowledge of his solicitor, or other agent, as
Assurance in Ireland ” is referred to as the Officers and Courts (Ireland) Act, 1877, relative to
Fines and Recoveries (Ireland) Act.
such, if such inquiries and inspections had the equitable jurisdiction of the Civil Bill Courts,
been made as ought reasonably to have been shall apply to the jarisdiction exerciseable by those
made by the solicitor or other agent.
Searches. Courts under this Act.
(2.) This section shall not exempt a purchaser (8.) Rules and Orders for purposes of this Act, as
2. Official negative and other certificates of searches from any liability under, or any obligation to per. far as it relates to the Civil Bill Courts, may be made
I fur judgments, Crown debts, &c.] (1.) Where any per form or observe, any covenant, condition, provision, at any time after the passing of this Act, to take
son requires, for the purposes of this section, search or restriction contained in any instrument under effect on or after the commencement of this Act, in
to be made in the Central Office of the Supreme which his title is derived, mediately or immediately; manner prescribed by section seventy-nine of the
Court of Judicature for entries of judgments, deeds, and such liability or obligation may be enforced in County Officers and Courts (Ireland) Act, 1877.
or other matters or documents, whereof entries are the same manner and to the same extent as if this
required or allowed so be made in that office by any (9.) The Commissioners of Public Works in Ireland | Act described in Part I. of the First Schedule to the
section had not been enacted.
(3.) A purchaser shall not by reason of anything sball be substituted for the Land Commissioners,
| Conveyanciog Act of 1881, or by any other Act, he in this section be affected by notice in any case (10.) The term for which a lease other than a may deliver in the office a requisition in that behalf, where he would not have been so affected If this building or mining lease may b? granted shall be not referring to this section.
section had not been enacted. exceeding thirty-five years.
(2.) Thereupon the proper officer shall diligently (4.) This section applies to purchases made elther
before or after the commencement of this Act; save Court within the Supreme Court of Judicature Act power, or of the death, marriage, lugacy, unsoundness that, where an action is pending at the commence. (Ireland), 1877, and may be made accordingly, for of wind, or bankruptcy of the donor of the power ment of this Act, the rights of the parties shall not England and Ireland respectively, at any time after within that fixed time. be affected by this section.
the passing of this Act, to take effect on or after (2.) This section applies only to powers of attorney the commencement of this Act.
created by instruments executed after the commenceLease3.
(4.) The enactments described in the Schedule to ment of this Act. _4. Contract for lease not part of title to lease.] (1.) | this Act are hereby repealed.
Excecutory Limitations. Where a lease is made under a power contained in (5.) The foregoing provisions of this section, a settlement, will, Act of Parliament, or other including the repeal therein, apply only to the 10. Restriction on executory limitations.] (1.) Where instrument, any preliminary contract for or relat execution of deeds by married women after the there is a person entitled to land for an estate in ing to the lease shall not, for the purpose of the commencement of this Act.
fee, or for a term of years absolute or determinable deduction of title to an intended assign, form part
(6.) Notwithstanding the repeal or any other on life, or for term of life, with an executory limitaof the title, or evidence of the title, to the lease. thing in this section, the certificate, if not lodged tion over on default or failure of all or any of his
(2.) This section applies to leaseg made either before the commencement of this Act, of the issue, whether within or at any specified period or before or after the commencement of this Act. taking of an acknowledgment by a marrled woman time or not, that executory limitation shall be or
of a deed executed before the commencement of become void and incapable of takicg effect, if and Separate Trustees.
this Act, with any affidavit relating thereto, shall as soon as there is living any issue who has attained
be lodged, examined, and filed in the like manner the age of twenty-one years, of the olass on default 5. Appointment of separate sets of trustees.] (1.) |
and with the like effects and consequences as if this On an appointment of new trustees, a separate set
or failure whereof the limitation over was to take section had not been enacted. of trustees may be appointed for any part of the
(7.) There shall continue to be kept in the trust property held on trust distinct from those
(2.) This section applies only where the executory proper office of the Supreme Court of Judicature limitation is contained in an instrament coming relating to any other part or parts of the trust an index to all certificates of acknowledgments into operation after the commencement of this Act. property; or, if only one trustee was originally
of deeds by married women lodged therein, before or appointed, then one separate trustee may be so appointed for the first-mentioned part.
Long Terms. | after the commencement of this Act, containing the
names of the married women and their husbands, 126) 1015 section appres to trusts created ever | alphabetically arranged, and the dates of the certificates
11, Amendment of enactment respecting long terms. ]
Section sixty.five of the Conveyancing Act of 1881 before or after the commencement of this Act.
| and of the deeds to which they respectively relate, I shall apply to and include, and shall be deemed to
and other particulars found convenient; and every I have always applied to and incladed. every such Powers, such certificate lodged after the commencement of this
term as in that section mentioned, whether having 6. Disclaimer of power by trustees.) (1.) A act shall be entered in the index as soon as may be
as the immediate reversion thereon the freehold or person to whom any power, whether coupled with after the certificate is filed.
not; but not an interest or not, is given, may, by deed, disclaim (8.) An office copy of any such certificate filed
(i.) Any term liable to be determined by re-entry the power; and after disclaimer, shall not be before or after the commencement of this Act shall
for condition broken ; or capable of exercising or joining in the exercise of be delivered to any person applying for the same; and
(ii.) Any term created by sub-demise out of a the power, every such office copy shall be received as evidence of
superior term, itself incapable of being en(2.) On such disclaimer, the power may be the acknowledgment of the deed to which the certifi.
larged into a fee simple. exercised by the other or others, or the survivors cate refers. or survivor of the others, of the persons to whom
Mortgages. the power is given, unless the contrary is expressed
Powers of Attorney.
12. Re-conveyance on mortgage.] The right of the in the instrument creating the power.
8. Effect of power of attorney, for value, made abso.
mortgagor, onder section fifteen of the Conveyancing (3.) This section applies to powers created by lutely irrevocable.] (1.) If a power of Attorney, given
Act of 1881, to require a mortgagee, instead of lastruments coming into operation either before or för valuable consideration, is in the instrument creating
ra-conveying, to assign the mortgage debt and after the commencement of this Act. the power expressed to be irrevocable, then, in favour
convey the mortgaged property to a third person, of a purchaser,
ghall belong to and be capable of being enforced by Married Women. (i.) The power shall not be revoked at any time,
each inoumbrancer, or by the mortgagor, notwith7. Acknowledgment of deeds by married women.] either by anything done by the donor of the power,
standing any intermediate incombrance; but a (1.) In section seventy-nine of the Fines and without the concurrenee of the donee of the power,
requisition of an incumbrancer shall prevail over a Recoveries Act, and section seventy of the Fines or by the death, marriage, lunacy, unsoundness of
requisition of the mortgagor, and, as between in. and Recoveries (Ireland) Act, there shall, by mind, or bankruptoy of the donor of the power ;
cumbrancers, a requisition of a prior inoumbrancer virtue of this Act, be substituted for the words
shall prevail over å requisition of a subsequent in. "two of the perpetual commissioners, or two
(ii.) Any act done at any time by the donee of the
cumbrancer. special commissioners,” the words “one of the power, in pursuance of the power, shall be as valid
Saving. perpetual commissioners, or one special commis
as if anythiog done by the donor of the power without
| sioner ;” and in section eighty-three of the Fines
13, Restriction on repeals in this Act.] The repeal and Recoveries Act, and section seventy-four of the
death. marriage. lugacy. unsoundness of mind. or by this Act of any enactment shall not affect any
bankruptcy of the donor of the power, had not been | right acorued or obligation incurred thereunder Fines and Recoveries (Ireland) Act, there shall, by
before the commencement of this Aot ; nor shall virtue of this Act, be substituted for the word
dong or happened ; and
the same affect the validity or invalidity, or any sf persons” the word "person," and for the word
chaser shall at any time be prejudicially affected by "commissioners" the words "a commissioner ;”
operation, effect, or consequence, of any instrament notice of anything done by the donor of the power, exeouted or made, or of anything done or soffered, and all other provisions of those Acts, and all other enactments having reference in any manner to the
without the concurrence of the donee of the power, or before the commencement of this Act ; nor shall the sections aforesaid, shall be read and have effect of the death, marriage, lunacy, uosoundness of mind,
Laama affect any action, proceedipg, or thing then
pending or uncompleted; and every such action, or bankruptcy of the donor of the power. accordingly. (2.) Where the memorandum of acknowledge
(2.) This section applies only to powers of attorney proceeding, and thing may be carried on and oom.
created by instruments executed after the commence pleted as if there had been 20 gach repeal in this ment by a married woman of a deed purports to be signed by a person authorised to take the ment of this Act.
SCHEDULE. acknowledgment, the deed shall, as regards the 9. Effect of power of attorney, for value or not, execution thereof by the married woman, take inade irrevocable for fiiced time.] (i.) If & power of
REPEALS. effect at the time of acknowledgment, and shall be attorney, wbether given for valuable consideration or | 3 & 4 Will. 4 , The Fines and ) conclusively taken to have been duly acknowledged, not, is in the instrument creating the power expressed c. 74.
Recoveries in part ; namely,(3.) A deed acknowledged before or after the to be irrevocable for a fixed time therein specified, not in part. Act - commencement of this Act by a married woman, exceeding one year from the date of the instrument,
Section eighty-four, from and inbefore a judge of the High Court of Justice in then, in favour of a purcbaser,
cluding the words "and the England or Ireland, or before a judge of a county (i.) The power shall not be revoked, for and during
same judge,” to the end of that court in England, or before a chairman in Ireland, that' fixed time, either by anything done by the
section. or before a perpetual commissioner or a special donor of the power, without the concurrence of the
Sections eighty-five to eightycommissioner, shall not be impeached or im donee of the power, or by the death, marriage, lonacy,
eight, inclusive. poachable by reason only that such judge, chairman, unsoundness of mind, or baukruptcy of the donor of 4 & 5 Will. 4 The Fines and ) or commissioner was interested or concerned either the power; and
c. 92. Recoveries in part; namely, as a party, or as solicitor, or clerk to the solicitor (ii.) Any act done within that fixed time, by the io part, (Ireland) Act) for one of the parties, or otherwise, in the transac | donee of the power, in pursuance of the power, shall
Section seventy-five, from and in. tion giving occasion for the acknowledgment; | be as valid as if anything done by the donor of the
cluding the words “and the and General Rules shall be made for preventing power without the concurrence of the donee of the
same judge," to the end of that any person interested or concerned as aforesaid power, or the death, marriage, unacy, unsoundoess of
section. from taking an acknowledgment; but no such Rule mind, or bankruptcy of the donor of the power, had
Sections seventy-six to seventyahall make invalid any acknowledgment; and those not been done or happened ; and
pine, inclusive. Rules shall, as regards England, be deemed Rules of (iii.) Neither the donee of the power, nor the pur- 17 & 18 Vict. An Act to remove doubts concerning Court within section seventeen of the Appellate chaser, shall at any time be prejudicially affected by C. 75.
the duo acknowledgments of deeds Jurisdiction Act, 1876, as altered by section nine. | notice either during or after that fixed time of anything
by married women in certain cases. teen of the Supreme Court of Judicature Act, 1881, done by the donor of the power during that fixed 41 & 42 Vict. The Acknowledgment of Deeds by and shall, as regards Ireland, be deemed Rules of time, without the concurrence of the donee of the C. 23. Married Women (Ireland) Act, 1878.
produce to him his last receipts for rent, rates, CAP. XL.
(5.) If execution shall have been levied against the An Act to amend the law of Copyright relating to An Act to amend the Law relating to Civil ImMusical Compositions. [10th August 1882. prisonment in Scotland. [18th August 1882.
goods of the grantor under any judgment at
law: Whereas it is expedient to amend the law relating
Provided that the grantor may within five days
CAP. XLIII. to copyright in musical compositions, and to protect
from tbe seizure or taking possession of any chattels the public from vexatious proceedings for the recovery | An Act to amend the Bills of Sale Act, 1878. on account of any of the above-mentioned causes, of penalties for the unauthorised performance of the
[18th August 1882. apply to the High Court, or to a judge thereof in same :
Whereas it is expedient to amend the Bills of Sale
chambers, und such court or judge, if satisfied that Be it therefore enacted, &c. : Act, 1878 :
by payment of money or otherwise the said cause of
seizore no longer exists, may restrain the grantee from 1. Printed notice restraining public performance.] Be it enacted, &c. :
removing or selling the said chattels, or may make On and after the passing of this Act the proprietor of
1. Short title. ] This Act may be cited for all par. such other order as may seem just. the copyright in any musical composition first pub. lished after the passing of this Act, or his assignee, who poses as the Bills of Sale Act (1878) Amendment Act,
8. Bill of sale to be void unless attested and regis. shall be entitled to and be desirous of retaining in his 1882 ; and this Act and the Bills of Sale Act, 1878,
tered.] Every bill of sale shall be duly attested and may be cited together as the Bills of Sale Acts, 1878 own hands exolusively the right of public representa
shall be registered under the principal Act within tion or performance of the same, shall print or cause and 1882.
seven clear days after the execution thereof, or if it is to be printed upon the title-page of every published 2. Commencement of Act.] This Act shall come executed in any place out of England, then within copy of such musical composition a notice to the effect into operation on the first day of November one seven clear days after the time at which it would, in that the right of public representation or performance thonsand eight hundred and eighty-two, which date the ordinary course of post, arrive in England, if is reserved.
is herein-after referred to as the commencement of posted immediately after the execution thereof; and 2. Provision when right of performance and copy. this Act.
shall truly set forth the consideration for which it was right are vested in different owners.] In case, after 3. Construction of Act.] The Bills of Sale Act,
given ; otherwise such bill of sale shall be void in the passing of this Act, the right of public represen- 1878, is herein-after referred to as “the principal
respect of the personal chatte!s comprised therein. tation or performance of, and the copyright in any Act," and this Act shall, so far as is consistent with 9. Form of bill of sale. ] A bill of sale rade or musical composition shall be or become vested before the tenor thereof, be construed as one with the prin- given by way of security for the payment of money publication of any copy thereof in different owners, cipal Act; but unless the context otherwise requires by the grantor thereof shall be void unless made in then, if the owner of the right of public representa shall not apply to any bill of sale duly registered accordance with the form in the schedule to this Act tion or performance shall desire to retain the same, before the commencement of this Act so long as the he shall, before any such publication of any copy of registration thereof is not avoided by non-renewal or
10. Attestation.] The execution of every bill of such musical composition, give to the owner of the otherwise. copyright therein notice in writing requiring him to The expression “bill of sale," and other expres.
sale by the grantor shall be attested by one or more
credible witness or witnesses, not being a party or print upon every copy of such musical composition sions in this Act, have the same meaning as in the
parties thereto. So much of section ten of the prina notice to the effect that the right of public represen. principal Act, except as to bills of sale or other docu
cipal Act as requires that the execution of every bill tation or performance is reserved; but in case the right ments mentioned in section four of the principal Act, of public representation or performance of, and the which may be given otherwise than by way of
of sale shall be attested by a solicitor of the Supreme
Court, and that the attestation shall state that before copyright in, any musical composition shall, after publi. security for the payment of money, to which last
the execution of the bill of sale the effect thereof has cation of any copy thereof subsequently to the passing mentioned bills of sale and other documents this Act of this Act, first become vested in different owners, shall not apply.
been explained to the grantor by the attesting witand such notice as aforesaid shall have been duly 4. Bill of sale to have schedule of property attached
ness, is hereby repealed. printed on all copies published after the passing of this thereto 1 thereto.] Every bill of sale shall have annexed thereto
11. Local registration of contents of bills of sale. ] Act previously to such vesting, then, if the owner of or written thereon a schedule containing an inven.
| Where the affidavit (which under section ten of the the right of performance and representation shall , tory of the personal chattels comprised in the bill of
principal Act is required to accompany a bill of sale desire to retain the same, he shall, before the publi- 1 sale ; and sacb bill of sale, save as herein-after men
when presented for registration) describes the resication of any further copies of such musical composi- tior Toomposio | tioned, shall have effect only in respect of tbe personal
dence of the person making or giving the same or of tion, give notice in writing to the person in whom the chattels specifically described in the said schedule;
the person against whom the process is issued to be copyright shall be then vested, requiring him to print and shall be void. 'except as against the grantor, in
in some place outside the London bankruptcy district such notice as aforesaid on every copy of such musical respect of any personal chattels not so specifically
as defined by the Bankruptcy Act, 1863, or where the composition to be thereafter published. described.
bill of sale describes the chattels enumerated therein 3. Penalty on owner of copyright for non-com
as being in some place outside the said London bank
5. Bill of sale not to affect after-acquired property. ] | ruptcy district, the registrar under the principal Act pliance with notice from owner of right of per. Save as herein.after mentioned, a bill of sale shall be shall forth with and within three clear days after regisformance.] If the owner for the time being of the
void, except as against the grantor, in respect of any copyright in any musical composition shall, after due
tration in the principal registry, and in accordance personal chattels specifically described in the schedule with the preseribed directions, transmit an abstract in notice being given to him or his predecessor in title
Thereto of which the grantor was not the true owner at the time, and generally in accordance with the last
the prescribed form of the contents of such bill of sale Ast at the time of the execution of the bill of sale. preceding section, neglect or fail to print legibly and
to the county court registrar in whose district such conspicuously upon every copy of such composition
6. Exception as to certain things.] Nothing con. places are situate, and if such places are in the dispublished by him or by his authority, or by any person tained in the foregoing sections of this Act shall (tricts of different registrars to each such registrar, lawfully entitled to publish the game. and claiming | render a bill of sale void in respect of any of the Every abstract so transmitted shall be filed, kept, through or under him, a note or memorandum stating following things ; (tbat is to say,)
and indexed by the registrar of the county court in that the right of public representation or performance
(1.) Any growing crops separately assigned or the prescribed manner, and any person may search, is reserved, then and in such case the owner of the
charged where such crops were actually growing inspect, make extracts from, and obtain copies of the copyright at the time of the happening of such neglect
at the time when the bill of sale was executed. | abstract so registered in the like manner and upon or default, shall forfeit and pay to the owner of the
(2.) Any fixtures separately assigned or charged, the like terms as to payment or otherwise as near as right of public representation or performance of such
and any plant, or trado machinery where such may be as in the case of bills of sale registered by the composition the sum of twenty pounds, to be recovered
fixtures, plant, or trade machinery are used in, registrar under the principal Act. in any court of competent jurisdiction.
attached to, or brought upon any land, farm, 12. Bill of sale under £30 to be void.] Every bill of
factory, workshop, shop, house, warehouse, or 4. Costs.] Notwithstanding the provisions of the
sale made or given in consideration of any sum under
other place in substitution for any of the like thirty pounds shall be void. Act passed in the third and fourth years of His fixtures, plant, or trade machinery specifically Majesty King William the Fourth, to amend the laws described in the sohedule to such bill of sale.'
13. Chattels not to be removed or sold.] All persona) relating to dramatic literary property, or any other
chattels seized or of which possession is taken after Act in which those provisions are incorporated, the
7. Bill of sale with power to seize except in certain the commencement of this Act, onder or by virtue of costs of any action or proceedings for penalties or
| events to be void.] Personal chattels assigned under a eny bill of sale (whether registered before or after damages in respect of the unauthorised representation
bill of sale shall not be liable to be seized or taken the commencement of this Act), shall remain on the or performance of any musical composition published
possession of by the grantee for any other than the premises where they were so seized or so taken before the passing of this Act shall, in cases in which following causes :
possession of, and shall not be removed or sold until the plaintiff shall not recover more than forty sbillings
(1.) If the grantor shall make default in payment after the expiration of five clear days from the day as penalty or damages, be in the discretion of the
of the som or sums of money thereby secured
| they were so seized or so taken possession of. court or judge before whom such action or proceedings
at the time therein provided for payment, or shall be tried.
in the performance of any covenant or agree.
14. Bill of sale not to protect chattels against poor ment contained in the bill of sale and necessary
and parochial rates.] A bill of sale to which this Act 5. Short title.] This Act may be cited as the for maintaining the security;
applies shall be no protection in respect of personal Copyright (Musical Compositions) Act, 1882.
(2.) If the grantor shall become a bankruptor
chattels included in such bill of sale, which bot for suffer the said goods or any of them to be dis such bill of sale would have been liable to distress trained for rent, rates, or taxes ;
under a warrant for the recovery of taxes, and poor CAP. XLI. (3.) If the grantor shall fraudulently either remove
| and other parochial rates. An Act to grant certain Duties of Customs and
or suffer the said goods, or any of them, to be 15. Repeal of part of Bills of Sale Act, 1878.] The Inland Revenue, to alter other Duties, and to
removed from the premises ;
eighth and the twentieth sections of the principal Act, amend the Laws relating to Customs and Inland | (4.) If the grantor shall not, withont reasonable and also all other enactments contained in the princiRevenue.
(10th August 1882. excuse, upon demand in writing by the grantee, I pal Act which are inconsistent with this Act are re
- pealed, but this repeal shall not affect the validity of 1871 and 1876, may be cited as the Pensions Com. tion of at least as many persons of the working class anything done or suffered under the principal Act mulation Acts, 1871 to 1882.
as may be displaced in the area with respeot to which before the commencement of this Act.
3. Power to commute a portion of a pension under
the scheme is proposed in suitable dwellings which, 16. Inspection of registered bills of sale.) So much 34 & 35 Vict, c. 36.] Where the Treasury have
unless there are special reasons to the contrary, shall
be situate within the limits of the same area or in the i of the sixteenth section of the principal Act as enacts power, in pursuance of the Pensions Commutation
vicinity thereof: that any person shall be entitled at all reasonable Act, 1871, to commute the pension of any person,
And whereas by section four of the Artizans and times to search the register and every registered bill of the Treasury sball also have power to commute a
Labourers Dwellings Improvement Act, 1879, it is sale upon payment of one shilling for every copy of a portion of such pension, and the provisions of the bill of sale inspected is hereby repealed, and from and Pensions Commutation Acis, 1871 and 1876, sball
provided that the above requirements of section five
of tbe Artizans and Labourers Dweilings Improvement after the commencement of this Act any person shall apply accordingly to the portion of the pension in be entitled at all reasonable times to search the regis. like manner, so nearly as circumstances admit, as
Act, 1875, may, if the confirming authority so au. ter, on payment of a fee of one sbilling, or such other they apply to the whole pension.
thorise, be complied with by the provision of equally
convenient accommodation at some place other than fee as may be prescribed, and subject to such regula
within the area or the immediate vicinity of the area tions as may be prescribed, and shall be entitled at
CAP. XLV. all reasonable times to inspect, examine, and make
comprised in such scheme : extracts from any and every registered bill of sale
An Act to make provision for the transfer of the And whereas it is expedient to make further prowithout being required to make a written application,
ts and Liabilities of the Provident Branch vision respecting such accommodation : Be it thereor to specify any particulars in reference thereto,
fore enacted as follows: of the Bombay Civil Fund and other funds to
Where an improvement scheme of a local authority
the Secretary of State for India in Council. upon payment of one shilling for each bill of sale in:
comprises on area situate in the Metr .polis or the City spected, and such payment shall be made by a jadi.
[18th August 1882.
of London, tbe confirming authority shall, witbout catare stamp: Provided that the said extracts shall be limited to the dates of execution, registration,
prejudice to the powers conferred on it by the said
CAP. XLVI. renewal of registration, and satisfaction, to the names,
fourth section of the Artiz ns and Labourers Dwell
ings Improvement Act, 1879, be authorised (on the addresses, and occonations of the parties, to the | An Act to amend the Isle of Man (Officers) Act, amount of the consideration, and to any further pre
application of the local authority, and on a report (18th August 1882.
being made by the officer conducting the local scribed particulars. 17. Debentures to which Act not to apply.] Nothing
inquiry directed by the confirming authority that it is CAP. XLVII.
expedient having regard to the special ciroumstances in this Act sball apply to any debentures issued by | An Act to make provision respecting certain of the locality and to the number of artizans and any mortgage, 1990, or other iocorporated company, Arrears of Rent in Ireland.
others belonging to the labouring class dwelling and secured upon the capital stock or goods, chattels
[18th August 1882. within the area, and being employed within a mile and effects of such company.
thereof, that a modification should be made) to dis18. Bxtent of Act.] Tois Act shall not extend to
pense in the provisional order authorising the sobeme Scotland or Ireland. An Act to consolidate the Acts relating to the altogether witalno ob
altogether with the obligation of the local authority Reserve Forces.
to provide for the accommodation of the persons of
(18th August 1882. SCHEDULE
the working class who may be displaced by their FORM OF BILL OF SALE.
scheme to such extent as he may think expedient, CAP. XLIX.
having regard to such special circumst-nces as aforeThis Indentare made the
day of An Act to consolidate the Acts relating to the said, but not exceeding one half of the persons so , between A.B. of of the one part, Militia.
[18th August 1882. | displaced, and where any such improvement scheme and C.D. of of the other part, witnesseth
comprises an area situate el-ewhere than in the that in consideration of the sum of £ now paid
Metropolis or the City of London, it shall, if the to A.B. by C.D., the receipt of which the said A.B. An Act for consolidating, with Amendments,
confirming authority so require (but it shall not others hereby acknowledges (or whalever else the considera.
enactments relating to Municipal Corporations
wise be obligatory on the local authority bo to frame tion may be], he the said 4.B. doth hereby assiga unto C.D., his executors, administrators, and assigas,
their scheme), provide for the accommodation of such in England and Wales. (18th August 1882.
number of those persons of the working class displaced all and singulur the several chattels and things
in the area with respect to which the scheme is prospecifically described in the schedule hereto annexed
posed io suitable dwellings to be erec!ed in such place by way of security for the payment of the sum of An Act to extend the Acts relating to the pur
or places either within or without the limits of the £ , and interest thereon at the rate of per
chase of small Government Annuities and to
same area as the said authority on & report made by cent. per annum (or whatever else may be the rate). And the said
the officer conducting tbe lical inquiry may require. assuring payments of money on death. A.B. doth further agree and declare
The twelfth section of the Artiza 8 uod Lubonrers that he will duly pay to the said C.D. the principal
[18th August 1882.
| Dwellings Improvement Act, 1875, and any other suin aforesaid, together with the interest then due,
enactment relating to the requirement of the said Act by equal payments of £ on the
as to the accommodation of the work ng classes, shall day of
lor whatever else may be the stipu- An Act to continue certain Turnnika Anta and to be construed with reference and subject to the modifi. lated times or time of payment). And the said A.B.
repeal certain other Turnpike Acts; and for
cations made by this Act. doth also agree with the said C.D. that he will [hers
other purposes connected therewith.
The power by this section given to the confirming insert terms as to insurance, payment of rent, or other
anthority to dispense altogether with the obligation wise, which the parties may agree to for the mainten
[18th August 1882.
of the local authority to provide for the accommodaance or defeasance of the seeurityl. '
tion of the persons of the working clusg who may be Provided alwuys, that the chattels hereby assigned
displaord by their scheme to an extent not exceeding shall not be liable to seizure or to be taken possession | An Act to amend the Law of Entail in Scotland. one half of the persons so displace i may (in the case of by the said C.D. for any cause other than those
[18th August 1882. of any scheme which has, before the pa-sing of this specified in section seven of the Bills of Sale Act
Act, been authorised by a confirming Act) upon the (1878) Amendment Act, 1882.
application of the local au hority be exercised by the In witness, &c.
confirming authority by an order made at any time Signed and sealed by the said A.B. in the preherid AR in the pre. 1 An Act to amend the Artizans and Labourer
within twelve monihs after the passing of this Act. sence of me E.F. [add witness' name, address,
| Dwellings Acts.
[18th August 1882. and description).
4. Amendment of 38 & 39 Vict, c. 36, s. 19, as to Be it enacted, &c. :
the valuation of land. ] Whereas it is expedient to Preliminary.
amend section nineteen of the Artiz 408 and Libonrers CAP. XLIV. 1. Short tille.] This Act may be cited as the
Dwellings Improvement Act, 1875 : Be it therefore An Act to authorise the Commutation of a | Artizans Dwellings Act, 1882.
enacted as follows: portion of a Pension in pursuance of the Pen
In the estimate of the value of the said lands or sions Commutation Act, 1871.
interests in the said section in thut behalf mentioned PART I.
any addition to or improvement of the property made [18th August 1882. Artizans and Labourers Dwellings Improvement Acts,
after the date of the publication of an advertiseWhereas by the Pensions Commutation Act, 1871,
1875 and 1879.
ment in pursuance of section six of the siid Act siatthe Treasury are authorised, on the application of
ing the fact of the improvement scheme having been any person to whom that Act applies, to commute bis 2. Construction of Part 1. of Act.] This part of this made shall not (unless such addition or improvement pension in the manner provided by that Act, and in Act shall be construed as one with the Artizans and
was necessary for the maintenance of the property in accordance with the regulations from time to time Labourers Dwellings Improvement Acts, 1875 and
Labourere Dwellings Improvement Acts, 1875 and a proper state of repairs) be iocluded, nor in the case made by the Trea ury :
1879, and those Acts together with this part of this of any interest acquired after the suid date shall any And whereas doubts have arisen as to the power of Act may be cited together as the Artizans and
arisen as to the power of act may be ciled together as the Artizans and separate estimate of the value threof be made so as the Treasury under the said Act to commute a portion Labourers Dwellings Improvement Acts, 1875 to to increase the amount of compensation to be paid of a pension, and it is expedient to remove sach | 1882.
for the lands, and the words “und all circumstances doubts :
3. Amendment of 38 & 39 Vict. c. 36, 8. 5, as to the
atfecting such value” in the said gect on are hereby Bo it t'erefore enacted, &o. : provision of accommodation for the working classes. ]
repealed. 1. Short title.] This Act may be cited as the Pen- |
Whereas by section five of the Artizans and Labourers 5. Amendment of schedule to 38 & 39 Vict. c. 36.] sions Commutation Act, 1882.
Dwellings Improvement Act, 1875, it is provided, | There shall be repealed so much of the schedule to
amongst other things, that an improvement scheme the Artizans and Labourers Dwellings Ini ruvement 2, This Act and the Pensions Commutation Aots, of a local authority shall provide for the accommoda. | Act, 1875, as is comprised under tbe heading “Pro