Page images
PDF
EPUB

' Journal

,

take effect as an estate or interest to continue for the period for which it would continue if that person were to abstain from exercising the power, dis. charged from liability to determination or cesser by or on his exercising the same.

52. Provision against forfeiture.] Notwithstanding anything in a settlement, the exercise by a tenant for life of any power under this Act shall not occa. sion a forfeiture.

53. Tenant for life trustee for all parties interested.] A tenant for life shall, in exercising any power under this Act, have regard to the interests of all parties entitled under the settlement, and shall, in relation to the exercise thereof by him, be deemed to be in the position and to have the duties and liabilities of a trustee for those parties.

51. General protection of purchasers, &c.] On a sale, exchange, partition, lease, mortgage, or charge, a purchaser, lessee, mortgagee, or other person dealing in good faith with a tenant for life shall, as against all parties entitled under the settlement, be conclusively taken to have given the best price, consideration, or rent as the case may require, that could reasonably be obtained by the tenant for life, and to have complied with all the requisitions of this Act.

55. Exercise of powers; limitation of provisions, &c.] (1.) Powers and authorities conferred by this Act on a tenant for life or trustees or the Court or the Land Commissioners are exerciseable from time to time.

(2.) Where a power of sale, enfranchisement, exchange, partition, leasing, mortgaging, charging, or other power is exercised by a tenant for life, or by the trustees of a settlement, he and they may respectively execute, make, and do all deeds, instruments, and things necessary or proper in that behalf.

(3.) Where any provision in this Act refers to sale, purchase, exchange, partition, leasing, or other dealing, or to any power, consent, payment, receipt, deed, assurance, contract, expenses, act, or transaction, the same shall be construed to extend only (unless it is otherwise expressed) to sales, purchases, exchanges, partitions, leasings, dealings, powers, consents, pay. ments, receipts, deeds, assurances, contracts, expenses, acts, and transactions under this Act.

56. Saving for other powers.] (1.) Nothing in this Act shall take away, abridge, or prejudicially affect any power for the time being subsisting under a settlement, or by statute or otherwise, exerciseable by a tenant for life, or by trustees with his consent, or on his request, or by his direction, or otherwise; and the powers given by this Act are cumulative.

(i.) A tenant in tail, including a tenant in tail who is by Act of Parliament restrained from barring or defeating his estate tail, and although the reversion is in the Crown, and so that the exercise by him of his powers under this Act shall bind the Crown, but not ineluding such a tenant in tail where the land in respect whereof he is so restrained was purchased with money provided by Parliament in consideration of public services :

(ii.) A tenant in fee simple, with an executory limitation, gift, or disposition over, on failure of his issue, or in any other event: (iii.) A person entitled to a base fee, although the reversion is in the Crown, and so that the exercise by him of his powers under this Act

shall bind the Crown:

(iv.) A tenant for years determinable on life, not holding merely under a lease at a rent: (v.) A tenant for life of another, not holding merely under a lease at a rent :

(vi.) A tenant for his own or any other life, or for years determinable on life, whose estate is liable to cease in any event during that life, whether by expiration of the estate, or by conditional limitation, or otherwise, or to be defeated by an executory limitation, gift, or disposition over, or is subject to a trust for accumulation of income for payment of debts or other purpose:

(vii.) A tenant in tail after possibility of issue

extinct :

[blocks in formation]

(2.) In every such case, the provisions of this Act referring to a tenant for life, either as conferring powers on him or otherwise, and to a settlement, and to settled land, shall extend to each of the persons aforesaid, and to the instrument under which his estate or interest arises, and to the land therein comprised.

(3.) In any such case any reference in this Act to death as regards a tenant for life shall, where necessary, be deemed to refer to the determination by death or otherwise of such estate or interest as last aforesaid,

XIV.-INFANTS; MARRIED WOMEN; LUNATICS.

life. Where a person, who is in his own right seised 59. Infant absolutely entitled to be as tenant for

(5.) The married woman may execute, make, and do all deeds, instruments, and things necessary or proper for giving effect to the provisions of this section.

(6.) A restraint on ant'o'pation in the settlement shall not prevent the exercise by her of any power under this Act,

62. Tenant for life, lunatic.] Where a tenant for life, or a person having the powers of a tenant for tion, the committee of his estate may, in his name life under this Act, is a lunatic, so found by inquisiand on his behalf, under an order of the Lord

Chancellor, or other person intrusted by virtue of the Queen's Sign Manual with the care and commitlunatics, exercise the powers of a tenant for life ment of the custody of the persons and estates of under this Act; and the order may be made on the petition of any person interested in the settled land, or of the committee of the estate.

XV.-SETTLEMENT BY WAY OF TRUSTS FOR SALE.

63. Provision for case of trust to sell and re-invest in land.] (1.) Any land, or any estate or interest in land, which under or by virtue of any deed, will, or agreement, covenant to surrender, copy of court roll, Act of Parliament, or other instrument or any number of instruments, whether made or passed before or after, or partly before and partly after, the commencement of this Act, is subject to a trust or direction for sale of that land, estate, or interest, and for the application or disposal of the money tɔ arise from the sale, or the income of that money, or the income of the land until sale, or any part of that money or income, for the benefit of any person for his life, or any other limited period, or for the benefit of two or more persons concurrently for any limited period, and whether absolutely, or subject to a trust for accumulation of income for payment of debts or other purpose, or to any other restriction, shall be deemed to be settled land, and the instrument or instruments under which the trust arises shall be deemed to be a settlement; and the person for the time being beneficially entitled to the income of the land, estate, or interest aforesaid until sale, whether absolutely or subject as aforesaid, shall be deemed to be tenant for life thereof; or if two or more persons are so entitled concurrently, then those persons shall be deemed to constitute together the tenant for life thereof and the persons, if any, who are for the time being under the settlement trustees for sale of the settled land, or having power of consent to, or approval of, or control over the sale, or if under the settlement there are no such trustees, then the persons, if any, for the time being, who are by the settlement declared to be trustees thereof for purposes of this Act are for pur

(2.) But, in case of conflict between the provisions of a settlement and the provisions of this Act, relative to any matter in respect whereof the tenant for of or entitled in possession to land, is an infant, then poses of this Act trustees of the settlement.

life exercises or contracts or intends to exercise any power under this Act, the provisions of this Act shall prevail; and, accordingly, notwithstanding anything in the settlement, the consent of the tenant for life shall, by virtue of this Act, be necessary to the exercise by the trustees of the settlement or other person of any power conferred by the settlement exerciseable for any purpose provided for in this Act.

(3.) If a question arises, or a doubt is entertained, respecting any matter within this section, the Court may, on the application of the trustees of the settlement, or of the tenant for life, or of any other person interested, give its decision, opinion, advice, or direction thereon.

57. Additional or larger powers by settlement.] (1.) Nothing in this Act shall preclude a settlor from conferring on the tenant for life, or the trustees of the settlement, any powers additional to or larger than those conferred by this Act.

(2.) Any additional or larger powers so conferred shall, as far as may be, notwithstanding anything in this Act, operate and be exerciseable in the like manner, and with all the like incidents, effects, and consequences, as if they were conferred by this Act, unless a contrary intention is expressed in the settlement.

XIII.-LIMITED OWNERS GENERALLY.

58. Enumeration of other limited owners, to have powers of tenant for life.] (1.) Each person as follows shall, when the estate or interest of each of them is in possession, have the powers of a tenant for life under this Act, as if each of them were a tenant for life as defined in this Act (namely):

for purposes of this Act the land is settled land, and

the infant shall be deemed tenant for life thereof.

60. Tenant for life, infant.] Where a tenant for life, or a person having the powers of a tenant for life under this Act, is an infant, or an infant would, if he were of full age, be a tenant for life, or have the powers of a tenant for life under this Act, the powers of a tenant for life under this Act may be exercised on his behalf by the trustees of the settlement, and if there are none, then by such person and in such manner as the Court, on the application of a testamentary or other guardian or next friend of the Infant, either generally or in a particular instance, orders.

61. Married woman, how to be affected.] (1.) The foregoing provisions of this Act do not apply in the case of a married woman.

(2.) Where a married woman who, if she had not been a married woman, would have been a tenant for life or would have had the powers of a tenant for life under the foregoing provisions of this Act, is entitled for her separate use, or is entitled under any statute, passed or to be passed, for her separate property, or as a feme sole, then she, without her husband, shall have the powers of a tenant for life under this Act.

(3.) Where she is entitled otherwise than as aforesaid, then she and her husband together shall have the powers of a tenant for life under this Act.

(4.) The provisions of this Act referring to a tenant for life and a settlement and settled land shall extend to the married woman without her husband, or to her and her husband together, as the case may require, and to the instrument under which her estate or interest arises, and to the land therein comprised.

referring to a tenant for life, and to a settlement, (2.) In every such case the provisions of this Act and to settled land, shall extend to the person or persons aforesaid, and to the instrument or instruments under which his or their estate or interest arises, and to the land therein comprised, subject and except as in this section provided (that is to say):

(i.) Any reference in this Act to the predecessors

or successors in title of the tenant for life, or to the remaindermen, or reversioners or other persons interested in the settled land, shall be deemed to refer to the persons interested in succession or otherwise in the money to arise from sale of the land, or the income of that money, or the income of the land, until sale (as the case may require). (ii.) Capital money arising under this Aot from

the settled land shall not be applied in the purchase of land unless such application is authorised by the settlement in the case of capital money arising thereunder from sales or other dispositions of the settled land, but may, in addition to any other mode of application authorised by this Aot, be applied in any mode in which capital money arising under the settlement from any such sale or other disposition is applicable thereunder, subject to any consent required or direction given by the settlement with respect to the application of trust money of the settlement. (iii.) Capital money arising under this Act from the settled land and the securities in which the same is invested, shall not for any purpose of dispositio, transmission, or devola

18 [45 & 46 VICT.]

tion, be considered as land unless the same would, if arising under the settlement from a sale or disposition of the settled land, have been so considered, and the same shall be held in trust for and shall go to the same persons successively in the same manner, and for and on the same estates, interests, and trusts as the same would have gone and been held if arising under the settlement from a sale or disposition of the settled land, and the income of such capital money and securities shall be paid or applied accordingly. (iv.) Land of whatever tenure acquired under this Act by purchase, or in exchange, or on parti. tion, shall be conveyed to and vested in the trustees of the settlement, on the trusts, and subject to the powers and provisions which, under the settlement or by reason of the exercise of any power of appointment or charging therein contained, are subsisting with respect to the settled land, or would be so subsisting if the same had not been sold, or as near thereto as circumstances permit, but so as not to increase or multiply charges or powers of charging.

XVI. REPEALS.

64. Repeal of enactments in schedule.] (1.) The enactments described in the schedule to this Act are hereby repealed.

(2.) The repeal by this Act of any enactment shall not affect any right accrued or obligation incurred thereunder 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, or of any order made, before the commencement of this Act; nor shall the same affect 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.

[blocks in formation]

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 for Ireland may direct that these matters or any of them be assigned to the Land Judges of that Division.

(4.) Any deed inrolled under this Act shall be inrolled in the Record and Writ Office of that Division.

(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.

(6.) The several Civil Bill Courts in Ireland shall, in addition to the jurisdiction possessed by them in. dependently of this Act, have and exercise the power and authority exerciseable by the Court under this Act, in all proceedings where the property, the subject of the proceedings, does not exceed in capital value five hundred pounds, or in annual value thirty pounds.

(7.) The provisions of Part II. of the County Officers and Courts (Ireland) Act, 1877, relative to the equitable jurisdiction of the Civil Bill Courts, shall apply to the jurisdiction exerciseable by those Courts under this Act.

(8.) Rules and Orders for purposes of this Act, as far as it relates to the Civil Bill Courts, may be made at any time after the passing of this Act, to take effect on or after the commencement of this Act, in manner prescribed by section seventy-nine of the County Officers and Courts (Ireland) Act, 1877.

(9.) The Commissioners of Public Works in Ireland shall be substituted for the Land Commissioners. (10.) The term for which a lease other than a building or mining lease may be granted shall be not exceeding thirty-five years.

The SCHEDULE.
REPEALS.

23 & 24 Vict. | An Act to give to
c. 145.
trustees, mort-
in part.

27 & 28 Vict.

c. 114.
in part.

40 & 41 Vict.

c. 18.
in part.

gagees,

and

others, certain

make the search required, and shall make and file in the office a certificate setting forth the result thereof; and office copies of the 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 interested under or in respect of judgments, deeds, or

powers now in part; namely other matters or documents, whereof entries are

commonly in

serted in settle

ments, mort

gages, and wills j

Parts I. and IV.

(being so much of the Act as is not repealed by the Conveyancing and Law of Property Act, 1881). TheImprovement

of Land Act, in part; namely

1864.

[ocr errors][ocr errors]

Sections seventeen and eighteen : Section twenty-one, from "either by a party to "benefice) or (inclusive); and from "or if the land owner" to "minor or minors" (inclusive); and " circumstance" (twice): Except as regards Scotland.

The Settled

or

required or allowed, as aforesaid, the certificate, according to the tenour thereof, shall be conclusive, affirmatively or negatively, as the case may be.

(4.) Every requisition under this section shall be in writing, signed by the person making the same, specifying the name against which he desires search to be made, or in relation to which he requires an office copy certificate 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 practice of the office, and prescribing, with the concurrence of the Commissioners of Her Majesty's Treasury, the fees to be taken therein; which Rales shall be deemed Rules of Court within section seventeen of the Appellate Jurisdiction Act, 1876, as altered by section

tates Act, 1877} in part; namely nineteen of the Supreme Court of Judicature Act,

Section seventeen.

CAP. XXXIX.

[blocks in formation]

(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.

(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 other person, who, for valuable consideration, takes or deals for property, and purchase has a meaning corresponding with that of purchaser;

(iii.) 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. Official negative and other certificates of searches for judgments, Crown debts, &c.] (1.) Where any person requires, for the purposes of this section, search to be made in the Central Office of the Supreme Court of Judicature for entries of judgments, deeds, or other matters or documents, whereof entries are required or allowed so 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.

(2.) Thereupon the proper officer shall diligently

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.

(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 independently 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.

(8.) Where a solicitor obtains an office copy certificate of result and 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, executors, agents, or other persons in a fiduciary position, those persons also shall not be so answer

[blocks in formation]

3. Restriction on constructive notice.] (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 reasonably to have been made by him; or (i.) In the same transaction with respect to

which 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 solicitor, or other agent, as such, if such inquiries and inspections had been made as ought reasonably to have been made by the solicitor or other agent. (2.) This section shall not exempt a purchaser from any liability 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 applies to purchases made either

' Journal

,

[blocks in formation]

6. Disclaimer of power by trustees.] (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.

(3.) This section applies to powers created by lastruments coming into operation either before or after the commencement of this Act.

Married Women.

7. Acknowledgment of deeds by married women.] (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 commissioner;" 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 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 authorised 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. (3.) A deed acknowledged before or after the commencement 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 commissioner 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 Jurisdiction 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.

(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 commencement of this Act, of the taking of an acknowledgment 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 commencement 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 convenient; and every such certificate lodged after the commencement 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 acknowle lgment of the deed to which the certifi

cats refers.

Powers of Attorney.

8. Effect of power of attorney, for value, made absolutely irrevocable.] (1.) If a power of attorney, given for valuable consideration, is in the instrument creating the power expressed to be irrevocable, then, in favour of a purchaser,

(i.) The power shall not be revoked at any time, without the concurrence of the donee of the power, either by anything done by the donor of the power, mind, or bankruptcy of the donor of the power; or by the death, marriage, lunacy, unsoundness of

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, unsoundness 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 pur-
chaser 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, unsoundness of mind,
or bankruptcy of the donor of the power.
created by instruments executed after the commence-
(2.) This section applies only to powers of attorney

ment of this Act.

9. Effect of power of attorney, for value or not, made irrevocable for fixed time.] (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,

power, or of the death, marriage, 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 commencement of this Act.

Executory Limitations.

10. Restriction on executory limitations.] (1.) Where there is a person entitled to land for an estate in fee, or for a term of years absolute or determinable 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.

Long Terms.

Section sixty-five of the Conveyancing Act of 1881 11. Amendment of enactment respecting long terms.] 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.

Mortgages.

12. Re-conveyance on mortgage.] 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, notwithrequisition of an incumbrancer shall prevail over a standing any intermediate incumbrance; but a cumbrancers, a requisition of a prior incumbrancer requisition of the mortgagor, and, as between inshall prevail over a requisition of a subsequent in

cumbrancer.

Saving.

13. Restriction on repeals in this Act.] The repeal by this Act of any enactment shall not affect any right accrued or obligation incurred thereunder 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 commencement of this Act; nor shall the same affect any action, proceeding, or thing then pending or uncompleted; and every such action, pleted as if there had been no such repeal in this proceeding, and thing may be carried on and com

Act.

SCHEDULE.
REPEALS.

3 & 4 Will. 4 The Fines and
c. 74.

in part.

(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 4 & 5 Will. 4
the power; and
in part.

(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, unacy, unsoundness of
mind, or bankruptcy of the donor of the power, had
not been done or happened; and

[blocks in formation]

Recoveries in part; namely,—
Act

Section eighty-four, from and in-
cluding the words "and the
same judge," to the end of that
section.

Sections eighty-five to eightyeight, inclusive.

The Fines and

Recoveries in part; namely,(Ireland) Act

Section seventy-five, from and inIcluding the words "and the same judge," to the end of that

section.

Sections seventy-six to seventynine, inclusive.

An Act to remove doubts concerning the due acknowledgments of deeds by married women in certain cases. The Acknowledgment of Deeds by Married Women (Ireland) Act, 1878.

[blocks in formation]

An Act to amend the law of Copyright relating to Musical Compositions. [10th August 1882. Whereas it is expedient to amend the law relating to copyright in musical compositions, and to protect the public from vexatious proceedings for the recovery An Act to amend the Bills of Sale Act, 1878. of penalties for the unauthorised performance of the

An Act to amend the Law relating to Civil Imprisonment in Scotland. [18th August 1882.

same:

Be it therefore enacted, &c. :

1. Printed notice restraining public performance.] On and after the passing of this Act the proprietor of the copyright in any musical composition first pub. lished after the passing of this Act, or his assignee, who shall be entitled to and be desirous of retaining in his own hands exclusively the right of public representation or performance of the same, shall print or cause to be printed upon the title-page of every published copy of such musical composition a notice to the effect that the right of public representation or performance is reserved.

CAP. XLIII.

[18th August 1882. Whereas it is expedient to amend the Bills of Sale Act, 1878:

[blocks in formation]

2. Commencement of Act.] This Act shall come into operation on the first day of November one thousand eight hundred and eighty-two, which date is herein-after referred to as the commencement of this Act.

3. Construction of Act.] The Bills of Sale Act, 1878, is herein-after referred to as "the principal Act," and this Act shall, so far as is consistent with the tenor thereof, be construed as one with the principal Act; but unless the context otherwise requires shall not apply to any bill of sale duly registered before the commencement of this Act so long as the registration thereof is not avoided by non-renewal or otherwise.

The expression "bill of sale," and other expres sions in this Act, have the same meaning as in the principal Act, except as to bills of sale or other documents mentioned in section four of the principal Act, which may be given otherwise than by way of security for the payment of money, to which lastmentioned bills of sale and other documents this Act shall not apply.

2. Provision when right of performance and copyright are vested in different owners.] In case, after the passing of this Act, the right of public representation or performance of, and the copyright in any musical composition shall be or become vested before publication of any copy thereof in different owners, then, if the owner of the right of public representation or performance shall desire to retain the same, he shall, before any such publication of any copy of such musical composition, give to the owner of the copyright therein notice in writing requiring him to print upon every copy of such musical composition a notice to the effect that the right of public representation or performance is reserved; but in case the right of public representation or performance of, and the copyright in, any musical composition shall, after publication of any copy thereof subsequently to the passing of this Act, first become vested in different owners, and such notice as aforesaid shall have been duly 4. Bill of sale to have schedule of property attached printed on all copies published after the passing of this thereto.] Every bill of sale shall have annexed thereto Act previously to such vesting, then, if the owner of or written thereon a schedule containing an inventhe right of performance and representation shall tory of the personal chattels comprised in the bill of desire to retain the same, he shall, before the publi- sale; and such bill of sale, save as herein-after mencation of any further copies of such musical compositioned, shall have effect only in respect of the personal tion, give notice in writing to the person in whom the chattels specifically described in the said schedule; copyright shall be then vested, requiring him to print and shall be void, except as against the grantor, in such notice as aforesaid on every copy of such musical respect of any personal chattels not so specifically composition to be thereafter published.

3. Penalty on owner of copyright for non-compliance with notice from owner of right of performance.] If the owner for the time being of the copyright in any musical composition shall, after due notice being given to him or his predecessor in title at the time, and generally in accordance with the last preceding section, neglect or fail to print legibly and

conspicuously upon every copy of such composition published by him or by his authority, or by any person lawfully entitled to publish the same, and claiming through or under him, a note or memorandum stating that the right of public representation or performance is reserved, then and in such case the owner of the copyright at the time of the happening of such neglect or default, shall forfeit and pay to the owner of the right of public representation or performance of such composition the sum of twenty pounds, to be recovered in any court of competent jurisdiction.

4. Costs.] Notwithstanding the provisions of the Act passed in the third and fourth years of His Majesty King William the Fourth, to amend the laws relating to dramatic literary property, or any other Act in which those provisions are incorporated, the costs of any action or proceedings for penalties or damages in respect of the unauthorised representation or performance of any musical composition published before the passing of this Act shall, in cases in which the plaintiff shall not recover more than forty shillings as penalty or damages, be in the discretion of the court or judge before whom such action or proceedings shall be tried.

5. Short title.] This Act may be cited as the Copyright (Musical Compositions) Act, 1882.

CAP. XLI.

An Act to grant certain Duties of Customs and Inland Revenue, to alter other Duties, and to amend the Laws relating to Customs and Inland Revenue. [10th August 1882.

described.

5. Bill of sale not to affect after-acquired property.] Save as herein-after mentioned, a bill of sale shall be void, except as against the grantor, in respect of any personal chattels specifically described in the schedule thereto of which the grantor was not the true owner at the time of the execution of the bill of sale.

tained in the foregoing sections of this Act shall 6. Exception as to certain things.] Nothing conrender a bill of sale void in respect of any of the following things; (that is to say,)

(1.) Any growing crops separately assigned or charged where such crops were actually growing at the time when the bill of sale was executed. (2.) Any fixtures separately assigned or charged, and any plant, or trade machinery where such fixtures, plant, or trade machinery are used in, attached to, or brought upon any land, farm, factory, workshop, shop, house, warehouse, or other place in substitution for any of the like fixtures, plant, or trade machinery specifically described in the schedule to such bill of sale. 7. Bill of sale with power to seize except in certain events to be void.] Personal chattels assigned under a bill of sale shall not be liable to be seized or taken possession of by the grantee for any other than the following causes:

(1.) If the grantor shall make default in payment of the sum or sums of money thereby secured at the time therein provided for payment, or in the performance of any covenant or agree. ment contained in the bill of sale and necessary for maintaining the security; (2.) If the grantor shall become a bankrupt or suffer the said goods or any of them to be distrained for rent, rates, or taxes;

(3.) If the grantor shall fraudulently either remove or suffer the said goods, or any of them, to be removed from the premises;

(4.) If the grantor shall not, without reasonable excuse, upon demand in writing by the grantee,

' Journal

,

produce to him his last receipts for rent, rates, and taxes;

(5.) If execution shall have been levied against the goods of the grantor under any judgment at law:

Provided that the grantor may within five days from the seizure or taking possession of any chattels on account of any of the above-mentioned causes, apply to the High Court, or to a judge thereof in chambers, and such court or judge, if satisfied that by payment of money or otherwise the said cause of seizure no longer exists, may restrain the grantee from removing or selling the said chattels, or may make such other order as may seem just.

8. Bill of sale to be void unless attested and regis. tered.] Every bill of sale shall be duly attested and shall be registered under the principal Act within seven clear days after the execution thereof, or if it is executed in any place out of England, then within seven clear days after the time at which it would, in the ordinary course of post, arrive in England, if posted immediately after the execution thereof; and shall truly set forth the consideration for which it was given; otherwise such bill of sale shall be void in respect of the personal chatte's comprised therein.

9. Form of bill of sale.] A bill of sale made or given by way of security for the payment of money by the grantor thereof shall be void unless made in accordance with the form in the schedule to this Act annexed.

10. Attestation.] The execution of every bill of credible witness or witnesses, not being a party or sale by the grantor shall be attested by one or more parties thereto. So much of section ten of the prinof sale shall be attested by a solicitor of the Supreme cipal Act as requires that the execution of every bill Court, and that the attestation shall state that before

the execution of the bill of sale the effect thereof has been explained to the grantor by the attesting witness, is hereby repealed.

11. Local registration of contents of bills of sale.] Where the affidavit (which under section ten of the principal Act is required to accompany a bill of sale when presented for registration) describes the residence of the person making or giving the same or of the person against whom the process is issued to be in some place outside the London bankruptcy district bill of sale describes the chattels enumerated therein as defined by the Bankruptcy Act, 1863, or where the as being in some place outside the said London bankruptcy district, the registrar under the principal Act shall forthwith and within three clear days after registration in the principal registry, and in accordance with the prescribed directions, transmit an abstract in the prescribed form of the contents of such bill of sale to the county court registrar in whose district such places are situate, and if such places are in the dis

tricts of different registrars to each such registrar.

Every abstract so transmitted shall be filed, kept, and indexed by the registrar of the county court in the prescribed manner, and any person may search, inspect, make extracts from, and obtain copies of the abstract so registered in the like manner and upon the like terms as to payment or otherwise as near as may be as in the case of bills of sale registered by the registrar under the principal Act.

12. Bill of sale under £30 to be void.] Every bill of sale made or given in consideration of any sum under thirty pounds shall be void.

13. Chattels not to be removed or sold.] All personal chattels seized or of which possession is taken after the commencement of this Act, under or by virtue of any bill of sale (whether registered before or after the commencement of this Act), shall remain on the premises where they were so seized or so taken possession of, and shall not be removed or sold until after the expiration of five clear days from the day they were so seized or so taken possession of.

14. Bill of sale not to protect chattels against poor applies shall be no protection in respect of personal and parochial rates.] A bill of sale to which this Act

chattels included in such bill of sale, which but for such bill of sale would have been liable to distress under a warrant for the recovery of taxes, and poor and other parochial rates.

15. Repeal of part of Bills of Sale Act, 1878.] The eighth and the twentieth sections of the principal Act, and also all other enactments contained in the principal Act which are inconsistent with this Act are re

[ocr errors]

'

pealed, but this repeal shall not affect the validity of anything done or suffered under the principal Act before the commencement of this Act.

[ocr errors]

1871 and 1876, may be cited as the Pensions Com-
mutation Acts, 1871 to 1882.

3. Power to commute a portion of a pension under
34 & 35 Vict. c. 36.] Where the Treasury have
power, in pursuance of the Pensions Commutation
Act, 1871, to commute the pension of any person,
the Treasury shall also have power to commute a
portion of such pension, and the provisions of the
Pensions Commutation Acts, 1871 and 1876, shall
apply accordingly to the portion of the pension in
like manner, so nearly as circumstances admit, as
they apply to the whole pension.

16. Inspection of registered bills of sale.] So much of the sixteenth section of the principal Act as enacts that any person shall be entitled at all reasonable dar times to search the register and every registered bill of sale upon payment of one shilling for every copy of a bill of sale inspected is hereby repealed, and from and after the commencement of this Act any person shall be entitled at all reasonable times to search the register, on payment of a fee of one shilling, or such other fee as may be prescribed, and subject to such regulations as may be prescribed, and shall be entitled at all reasonable times to inspect, examine, and make extracts from any and every registered bill of sale without being required to make a written application, or to specify any particulars in reference thereto, upon payment of one shilling for each bill of sale inspected, and such payment shall be made by a judicature stamp: Provided that the said extracts shall be limited to the dates of execution, registration, renewal of registration, and satisfaction, to the names, addresses, and occupations of the parties, to the An Act to amend the Isle of Man (Officers) Act,

ས་

amount of the consideration, and to any further prescribed particulars.

CAP. XLV.

An Act to make provision for the transfer of the

Assets and Liabilities of the Provident Branch
of the Bombay Civil Fund and other funds to
the Secretary of State for India in Council.
[18th August 1882.

1876.

CAP. XLVI.

[18th August 1882. 17. Debentures to which Act not to apply.] Nothing CAP. XLVII. in this Act shall apply to any debentures issued by An Act to make provision respecting certain any mortgage, loan, or other incorporated company, Arrears of Rent in Ireland. and secured upon the capital stock or goods, chattels and effects of such company.

18. Bxtent of Act.] Tais Act shall not extend to Scotland or Ireland.

[blocks in formation]

and interest thereon at the rate of

per

cent. per annum [or whatever else may be the rate].
And the said A.B. doth further agree and declare
that he will duly pay to the said C.D. the principal
sum aforesaid, together with the interest then due,
by equal
payments of £
on the
day of

Lor whatever else may be the stipulated times or time of payment]. And the said A.B. doth also agree with the said C.D. that he will [here insert terms as to insurance, payment of rent, or otherwise, which the parties may agree to for the maintenance or defeasance of the security].

[18th August 1882,
CAP. XLVIII.
An Act to consolidate the Acts relating to the
Reserve Forces.
[18th August 1882.

CAP. XLIX.

tion of at least as many persons of the working class as may be displaced in the area with respect to which the scheme is proposed in suitable dwellings which, unless there are special reasons to the contrary, shall be situate within the limits of the same area or in the vicinity thereof :

And whereas by section four of the Artizans and Labourers Dwellings Improvement Act, 1879, it is provided that the above requirements of section five of the Artizans and Labourers Dweilings Improvement Act, 1875, may, if the confirming authority so authorise, be complied with by the provision of equally convenient accommodation at some place other than within the area or the immediate vicinity of the area comprised in such scheme:

And whereas it is expedient to make further provision respecting such accommodation: Be it therefore enacted as follows:

Where an improvement scheme of a local authority comprises an area situate in the Metr polis or the City of London, the confirming authority shall, without prejudice to the powers conferred on it by the said fourth section of the Artiz ns and Labourers Dwell

ings Improvement Act, 1879, be authorised (on the
application of the local authority, and on a report
being made by the officer conducting the local
inquiry directed by the confirming authority that it is
expedient having regard to the special circumstances
of the locality and to the number of artizans and
others belonging to the labouring class dwelling
within the area, and being employed within a mile
thereof, that a modification should be made) to dis-
pense in the provisional order authorising the scheme
altogether with the obligation of the local authority
to provide for the accommodation of the persons of
the working class who may be displaced by their
scheme to such extent as he may think expedient,
having regard to such special circumstances as afore-
said, but not exceeding one half of the persons so
displaced, and where any such improvement scheme
comprises an area situats el-ewhere than in the
Metropolis or the City of London, it shall, if the
confirming authority so require (but it shall not other.
their scheme), provide for the accommodation of such
wise be obligatory on the local authority so to frame
number of those persons of the working class displaced
in the area with respect to which the scheme is pro-
posed in suitable dwellings to be erected in such place
or places either within or without the limits of the
same area as the said authority on a report made by
the officer conducting the local inquiry may require.
The twelfth section of the Artiza 8 and Labourers
[18th August 1882. Dwellings Improvement Act, 1875, and any other
enactment relating to the requirement of the said Act
CAP. LII.
as to the accommodation of the work ng classes, shall
be construed with reference and subject to the modifi
cations made by this Act.

An Act to consolidate the Acts relating to the
Militia.
[18th August 1882.
CAP. L.

An Act for consolidating, with Amendments,
enactments relating to Municipal Corporations
in England and Wales. [18th August 1882.

CAP. LI.

An Act to extend the Acts relating to the pur-
chase of small Government Annuities and to
assuring payments of money on death.

An Act to continue certain Turnpike Acts, and to
repeal certain other Turnpike Acts; and for
other purposes connected therewith.
[18th August 1882.
CAP. LIII.

Provided always, that the chattels hereby assigned shall not be liable to seizure or to be taken possession An Act to amend the Law of Entail in Scotland.

[blocks in formation]

3. Amendment of 38 & 39 Vict. c. 36, s. 5, as to the provision of accommodation for the working classes.] Whereas by section five of the Artizans and Labourers Dwellings Improvement Act, 1875, it is provided, amongst other things, that an improvement scheme 2. This Act and the Pensions Commutation Acts, of a local authority shall provide for the accommoda. |

1. Short title.] This Act may be cited as the Pensions Commutation Act, 1882.

The power by this section given to the confirming authority to dispense altogether with the obligation of the local authority to provide for the accommodation of the persons of the working class who may be displaced by their scheme to an extent not exceeding one half of the persons so displace may (in the case of any scheme which has, before the passing of this Act, been authorised by a confirming Act) upon the application of the local au hority be exercised by the within twelve months after the passing of this Act. confirming authority by an order made at any time

4. Amendment of 38 & 39 Vict. c. 36, s. 19, as to the valuation of land] Whereas it is expedient to amend section nineteen of the Artiz ins and L bonrers Dwellings Improvement Act, 1875: Be it therefore enacted as follows:

In the estimate of the value of the said lands or interests in the said section in that behalf mentioned any addition to or improvement of the property made after the date of the publication of an advertise

ment in pursuance of section six of the said Act statmade shall not (unless such addition or improvement ing the fact of the improvement scheme having been was necessary for the maintenance of the property in a proper state of repairs) be included, nor in the case of any interest acquired after the said date shall any separate estimate of the value thereof be made so as to increase the amount of compensation to be paid for the lands, and the words "and all circumstances affecting such value" in the said sect on are hereby repealed.

5. Amendment of schedule to 38 & 39 Vict. c. 36.] There shall be repealed so much of the schedule to Act, 1875, as is comprised under the heading "Prothe Artizans and Labourers Dwellings In, rovement

« PreviousContinue »