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more than one offence in respect of the same work or place in respect of any one day.

Not less than twenty-one days before the hearing of any proceeding against an owner to recover a fine under this Act tor failing to secure the condensation of any gas to the satisfaction of the chief inspector, or for failing to use the best practicable means as required by this Act, an inspector shall serve on the owner proceeded against a notice in writing stating, is (he -use requires, either the facts on which such ohief inspector founds his opinion, or the means whioh such owner has failed to use, and the ir enna whicb, in the ohief inspector's opinion, would suffice, and shall produce a copy of such notice before the court having cognisance of the matter.

A person shall not be liable under this Act to an increased fine in respect of a second offence, or in respeot of a third or any subsequent offence, unless a fine has been recovered within the preceding twelve month* against snch person for the first offence, or for the second or other offence, as the case may be.

24. Application of fines.] All fines recovered under this Act, except in respect of offences against a special rule, shall be paid into the receipt of Her Majesty's Exchequer.

25. Discharge of owner on conviction of actual offender.~\ The owner of a work in which an offence under this Act other than nn offence against a special rule has been proved to have been committed shall in every case be deemed to have committed the offence, and shall be liable to pay the fine, unless he proves to the satisfaction of the court before which any proceeding is instituted to recover such fine, that he has used due diligence to comply with and to enforce the execution of this Act, and that the offence in question was committed by some agent servant or workman, whom be shall charge by name as the actual offendor, without his knowledge consent or connivance ; in whioh case such agent servant or workman shall be liable to pay the fiue, and proceedings may be taken against him for the recovery thereof and of the costs of all proceedings whicb may be taken either against himself or against the owner nnder this Act:

Provided that it shall be lawful for the inspector to proceed in the first instance against the person whom he believes to be the actual offender, without first proceeding against the owner, in any case in which it is made to appear to the satisfaction of such inspector that the owner has used all due diligence to comply with and to enforce the execution of this Act, and that the offence has been committed by the person whom he may charge therewith without the knowledge consent or connivance of the owner, and in contravention of his orders.

26. Service of notices.] Any notice summons or other document under this Act, may be in writing or print, or partly in writing and partly in print.

Any notice summons or document required or authorised for the purposes of ibis Act to be delivered to or served on or sent to the owner of any work, may be served by delivering tbe same to the owner, or at his residence or works ; it may also be served or sent by post by a prepaid letter, and if served or sent by post shall be deemed to have been served and received respectively at the time when tbe letter containing tbe same would be delivered in the ordinary course of post; and in proving such service or sending it shall be sufficient to prove that it was properly addressed and put into the post; and the same shall be deemed to be properly addressed if addressed to the registered address of an owner, or, when reqnired to be served on or sent to the owner of any works if addressed to the owner of the works at tbe works, with the addition of the proper postal address, hut without naming the person who is the owner.

27. Complaint by sanitary authority in easts of nuisance 18 & 19 Vict. c. 120—38 & 39 Vict. e. 135.] Where it appears to any sanitary authority, on the written representation of any of their officers, or of any ten inhabitants of their district, that any work (either within or without the district) to which this Act applies is carried on in contravention of this Act, or that any alkali waste is deposited (either within or without the district) in contravention of this Act, and that a naisance is occasioned by such contravention to any of the inhabitants of their district, such authority may complain to the central authority, who shall make such inquiry into the matters complained of, and after the inquiry may direct such proceedings to be taken by an inspector as they think just.

The sanitary authority complaining shall, if so required by the central authority, pay the expense of any such inquiry, and may pay the same out of the fund or rate applicable to tho general expenses of snch authority.

The expression "sanitary authority" in this section includes as regards the Metropolis, except the City of London, any vestry or district board elected under the Metropolis Management Act, 1855, also any local board of health, aot being an urban sanitary authority within the meaning of the Public Health Act, 1875, and as regards the City of London shall mean the Commissioners of Sewers of tbe said city.

28. Actions in case of contributory nuisance.] nuisance arising from any noxious or offensive gas or gases is wholly or partially caused by the acts or defaults of several persons, any person i njured by snch nuisance may proceed against any one or more of snch persons, and may recover damages from each person made a defendant in proportion to the extent of the contribution of such defendant to the nuisance, notwithstanding that the act or default of such defendant would not separately have caused a nuisance. This section shall not apply to any defendant who can produce a certificate from the chief inspector that in the works of such defendant the requirements of this Act have been complied with and were complied with when the nuisance arose.

(v.) Definitions; Repeal; Saving.

29. Interpretation of terms—Si & 85 Vict. e. 70—38 * S» Viet. e. 55—30 & 31 Vict. c. 101—41 & 42 Viet. e. 53.] In this Act, unless the context otherwise requires—

"Alkali work " means every work for the manufacture of alkali, sulphate of soda, or sulphate of potash, in which muriatic acid gas is evolved, and for the purpose of this definition the formation of any sulphate in tbe treatment of copper ores by common salt or other chlorides shall be deemed to be a manufacture of sulphate of soda.

"Noxious or offensive gas" does not include i

acid arising from tbe combustion of coal. "Owner " means the lessee, occupier, or any h»» t

carrying on any work to which this Aot applies. "Prescribed" means prescribed from time to lime by the Local Government Board, and "the Local Government Board" means the Local Government Board established by the Local Government Board Act, 1871. "Central authority " means as regards England the said Local Government Board, as regards Ireland the Local Government Board for Ireland, and as regards ~ one of Her Majesty's Principal Secretaries of 5 "Sanitary authority means any local authority <

with the execution of tbe Public Health Act. "The Public Health Act" means, as regards England, the Public Health Act, 1875 ; and as regards Scotland, tbe Public Health (Scotland) Act, 1867; and as regards Ireland, the Public Health (Ireland) Act, 1878. "Person" includes a corporation.

30. Repeal of 26 4 27 Vict. c. 124, 31 & 32 Vict. e. M, and 37 &3S Vict. c. 43.] The following Acts, that is to say—

The Alkali Act 1863, (26 & 27 Vict. o. 124),

Tbe Act to make perpetual the Alkali Aot 1863, (31 k 3S

Vict. e. 36), and The Alkali Act 1874, (37 St 38 Viet. e. 43), are hereby repealed without prejudice to anything done or suffered before the commencement of this Act, or to the recovery of any penalty incurred before or proceeding pending at the commencement of this Act ; and any such penalty or proceeding may be recovered or continued as if this Act had not been passed.

31. Saving as to general law.] Nothing in this Act shall legalise any act or default that would, bat for this Act, be deemed to bo a nuisance, or otherwise be contrary to law, cr deprive any person of any remedy by action indictment or otherwise, to which he would have been entitled if this Act had not passed.

SCHEDULE. List of Works. (1.) Sulphuric acid works, that is to say, any works in which tho manufacture of sulphuric acid is carried on (not being alkali works within the meaning of tbe foregoing Act, and not being works io whicb the manufacture of sulphuric acid is carried on in with tbe extraction of copper or other ore);

(2.) Chemical manure works, that is to say, any works in which the manufacture of chemical manure is carried on;

(3.) Gas l'quor works, that is to say, any works in which gas liquor is used in any manufacturing process;

(4.) Nitric scid works, that is to say, any works in which the manufacture of nitric acid is carried on;

(5.) Sulphate of ammonia works and muriate of ammonia works, that is to say, any works in which the manufacture of sulphate of ammonia or of muriate of ammonia is carried on; and

(6.) Chlorine works or works in which chlorine, bleaching powder, or bleaching liquor is made.

CAP. XXXVIII.

An Act to grant Money for the purpose of Loans by the Public Works Loan Commissioners and the Commissioners of Publio Works in Ireland; and for other purposes relating to Loans by those Commissioners.

[22nd August 1881.

CAP. XXXIX.

An Act to provide for uniform Terms of entry to and removal from Houses within Burghs in Scotland.

[22nd August 1881.

CAP. XL.

An Act to make farther provision in regard to the RegisIra tion of Parliamentary Voters, and also in regard to the taking of the Poll by means of Voting Papers, in the Universities of Scotland. [22nd August 1881.

CAP. XLI.

An Act for simplifying and improving the practice of Conveyancing; and for vesting in Trustees, Mortgagees, and others various powers, commonly conferred by provisions inserted in Settlements, Mortgages, Wills, and other Instruments; and for amending in various particulars the Law of Property; and for other purposes. [22nd August 1881.

Be it enacted, tc.:

I.—Pbeliminaby.

1. Short title; commencement; extent.] (1.) This Aot may be cited as the Conveyancing and Law of Property Act, 1881.

(2.) This Aot shall commence and take effect from and immediately after the thirty-first day of December one thonsand eight hundred and eighty-one.

(3.) This Aot does not extend to Sootland.

2. Interpretation of properly, land, etc.] In this Aot— (i.) Property, unless a oontrary intention appears, inolndes real and personal property, and any estate or interest in any property, real or personal, and any debt, and any thing in action, and any other right or interest:

(ii.) Land, unless a contrary intention appears, includes land of any tenure, and tenements and hereditaments, corporeal or incorporeal, and houses and other buildings, also an undivided share in land:

(iii.) In relation to land, income inolndes rents and profits, and possession includes receipt of inoome:

(iv.) Manor includes lordship, and reputed manor or lordship:

(v.) Conveyance, unless a oontrary intention appears, includes assignment, appointment, lease, settlement, and other assurance, and covenant to surrender, made by deed, on a sale, mortgage, demise, or settlement of any property, or on any other dealing with or for any property ; and convey, unless a oontrary intention appears, has a meaning corresponding with that of conveyance:

(vi.) Mortgage inolndes any charge on any property for seonring money or money's worth; and mortgage money means money, or money's worth, Beoured by a mortgage; and mortgagor includes any person from time to time deriving title nnder the original mortgagor, or entitled to redeem a mortgage, according to his estate, interest, or right, in the mortgaged property ; and mortgagee includes any person from time to time deriving title under the

original mortgagee; and mortgagee in possession is, for the purposes of this Aot, a mortgagee who, in right of the mortgage, has entered into and is in possession of the mortgaged property:

(vii.) Incumbrance includes a mortgage in fee, or for a less estate, and a trnst for seonring money, and a lien, and a charge of a portion, annuity, or other oapital or annual sum; and incumbrancer has a meaning corresponding with that of incumbrance, and includes every person entitled to the benefit of an incumbrance, or to require payment or discharge thereof:

(▼iii.) Pnrobaser, unless a oontrary intention appears, inolndes a lessee or mortgagee, and an intending purchaser, lessee, or mortgagee, or other person, who, for valuable consideration, takes or deals for any property; and purchase, unless a contrary intention appears, has a meaning corresponding with that of purchaser; but sale means only a sale properly Bo called:

(ix.) Rent inolndes yearly or other rent, toll, doty, royalty, or other reservation, by the aore, the ton, or otherwise; and fine includes premium or fore-gift, and any payment, consideration, or benefit in the nature of a fine, premium, or fore-gift:

(x.) Bnilding purposes include the erecting and the improving of, and the adding to, and the repairing of buildings; and a building lease is a lease for bnilding purposes or purposes connected therewith:

(xi.) A mining lease is a lease for mining purposes, that is, the searohing for, winning, working, getting, making merchantable, oarrying away, or disposing of mines and minerals, or purposes connected therewith, and includes a grant or licence for mining purposes:

(xii.) Will includes codicil;

(xiii.) Instrument includes deed, will, inclosure award, and Act of Parliament:

(xiv.) Securities include stocks, funds, and shares:

(sv.) Bankruptcy includes liquidation by arrangement, and any other act or proceeding in law having, under any Aot for the time being in force, effects or results similar to those of bankruptcy; and bankrupt has a meaning corresponding with tbat of bankruptcy:

(xvi.) Writing includes print; and words referring to any instrument, copy, extract, abstract, or other document include any such instrument, copy, extract, abstract, or other document being in writing or in print, or partly in writing and partly in print:

(xvii.) Person includes a corporation:

(xviii.) Her Majesty's High Court of Justice is referred to as the Court.

II.—Sales And Other Transactions.
Contracts for Sale.

3. Application of stated conditions of sale to all purchases.] (1.) Under a contract to sell and assign a term of years derived out of a leasehold interest in land, the intended assign shall not have the right to call for the title to the leasehold reversion.

(2.) Where land of copyhold or customary tenure has been converted into freehold by enfranchisement, then, under a contract to sell and convey the freehold, the purchaser shall not hare the right to call for the title to make the enfranchisement.

(3.) A purchaser of any property shall not require the production, or any abstract or copy, of any deed, will, or other document, dated or made before the time prescribed by law, or stipulated, for commencement of the title, even though the Bame creates a power subsequently exercised by an instrument abstracted in the abstract furnished to the purchaser ; nor shall be require any information, or make any requisition, objection, or inquiry, with respect to any such deed, will, or document, or the title prior to that time, notwithstanding that any such deed, will, or other document, or that prior title, is recited, covenanted to be produced, or noticed; and he shall assume, unless the contrary appears, that the recitals, contained in the abstracted instruments, of any deed, will, or other documont, forming part of that prior title, are correct, and give all the material contents of the deed, will, or other document so recited, and that every document so recited was duly executed by all necessary parties, and perfected, if and as required, by fine, recovery, acknowledgment, inrolment, or otherwise.

(4.) Where land sold is held by lease (not including underlease), the purchaser shall assume, unless the contrary appears, that the lease was duly granted; and, on production of the receipt for the last payment due for rent under the lease before the date of actnal completion of the purchase, he shall assume, unless the contrary appears, that all the covenants find provisions of the lease hare been duly performed and observed up to the date of actual completion of the purchase.

(5.) Where land eold is held by under-lease, the purchaser shall assume, unless the contrary appears, that the underlease and every superior lease were duly granted ; and, on production of the receipt for the last payment due for rent under the under-lease before the date of actual completion of the purchase, he shall assume, unless the contrary appears, that all the covenants and provisions of the under-lease have been dnly performed and observed up to the date of actual completion of the purchase, and further that all rent due under every superior lease, and all the covenants and provisions of every snperior lease, have been paid and duly performed and observed up to that date.

(6.) On a sale of any property, the expenses of the production and inspection of all Acts of Parliament, inclosure awards, records, proceedings of courts, court rolls, deeds, wills, probates, letters of administration, and other documents, not in the vendor's possession, and the expenses of all journeys incidental to such production or inspection, and the expenses of searching for, procuring, making, verifying, and producing all certificates, declarations, evidences, and information not in the vendor's possession, and all attested, stamped, office, or other copies or abstracts of, or extracts from, any Aots of Parliament or other documents aforesaid, not in the vendor's possession, if any such production, inspection, journey, search, procuring, making, or verifying is required by a purchaser, either for verification of the abstract or for any other purpose, shall be borne by the purchaser who requires the same; and where the vendor retains posesssion of any document, the expenses of making any copy thereof, attested or unattested, which a purchaser requires to be delivered to him, shall be borne by that purchaser.

(7.) On a sale of any property in lots, a purchaser of two or more lots, held wholly or partly under the same title, shall not have a right to more than one abstract of the common title, except at bis own expense.

(S.) This eeotion applies only to titles and purchasers on saleB properly so called, notwithstanding any interpretation in this Act.

(9.) This eeotion applies only if and as far as a contrary intention is not expressed in the contract of sale, and Bhall have effeot subject to the terms of the oontraot and to the provisions therein contained.

(10.) This section applies only to sales made after the commencement of this Act.

(11.) Nothing in this section shall be construed as binding a purchaser to oomplete his purchase in any oase where, on a oontraot made independently of this eeotion, and containing stipulations similar to the provisions of this section, or any of them, specific performance of the oontraot would not be enforced against him by the Court.

4. Completion of contract after death."] (1.) Where at the death of any person there is subsisting a oontraot enforceable against his heir or devisee, for the sale of the fee simple or other freehold interest, descendible to his heirs general, in any land, his personal representatives shall, by virtue of this Act, have power to convey the land for all the estate and interest vested in him at bis death, in any manner proper for giving effeot to the oontraot.

(2.) A conveyance made under this section shall not affect the beneficial rights of any person claiming under any testamentary disposition or as heir or next of kin of a testator or intestate.

(3.) This section applies only in oases of death after the oommenoement of this Act.

Uncharge of Incumbrances on Sale,

6. Provision by Court for incumbrances, and sale freed ther;from.] (1) Where land, subject to any incumbrance, whe her immediately payable or not, is sold by the Court, or out of Court, the Court may, if it thinks fit, on the application of any party to the sale, direct or allow pay. men', into Court, in oase of an annual sum charged on the land, or of a capital sum charged on a determinable internet in the land, of suoh amount as, when invested in

Government securities, tbe Court considers will be mficient, by means of the dividends thereof, to keep down or otherwise provide for that oharge, and in any other Cm? of capital money charged on the laud, of the amon't sufficient to meet the incumbrance and any interest das thereon ; but in either oase there shall also be paid into Court suoh additional amount as tbe Court considers will be sufficient to meet the oontingenoy of further oosu. expenses, and interest, and any other oontingenoy, except depreciation of investments, not exoeediog one-tenth part of the original amount to be paid in, unless the Court lor special reason thinks fit to require a larger additional amount.

(2.) Thereupon, the Court may, if it thinks fit, and either after or without any notice to the incumbrancer, u the Court thinks fit, declare the land to be freed from tbe incumbrance, and make any order for conveyance, or vesting order, proper for giving effeot to the sale, and give directions for the retention and investment of the money in Court.

(3.) After notice served on the persons interested in or entitled to the money or fund in Court, the Court say direct payment or transfer thereof to the persons entitled to receive or give a disoharge for the same, and generally may give directions respecting the application or distribution of the capital or income thereof.

(4.) This section applies to sales not completed at taa commencement of this Aot, and to sales thereafter made.

General Words.

6. General words in conveyances of land, buildings, c manor.'] (1.) A conveyance of land shall be deemed to include and shall by virtue of this Act operate to convey, with the land, all buildings, erections, fixtures, commons hedges, ditobes, fenoes, ways, waters, watercourses, liberties, privileges, easements, rights, and advantages whatsoever, appertaining or reputed to appertain to tbe land, or any part thereof, or at the time of conveyance demised, occupied, or enjoyed with, or reputed or known as part or parcel of or appurtenant to tbe land or any part thereof.

(2.) A conveyance of land, having honsee or other bnildings thereon, shall be deemed to inolude and shall by virtue of this Aot operate to convey, with the land, hornet, or other buildings, all outhouses, ereotions, filters*, cellars, areas, courts, courtyards, cisterns, sewers, gutters, drains, ways, passages, lights, watercourses, liberties, privileges, easements, rights, and advantages whatsoever, appertaining or reputed to appertain to the land, booses, or other bnildings eonveyed, or any of tbem, or any part thereof, or at tbe time of conveyance demised, occupied, or enjoyed with, or reputed or known as part or parcel of or appurtenant to the land, houses, or other buildings Colveyed, or any of tbem, or any part thereof.

(3.) A conveyance of a manor shall be deemed to inolude and shall by virtue of this Aot operate to convey, with tbe manor, all pastures, feedings, wastes, warrens, commons, mines, minerals, quarries, furzes, trees, woods, underwoods, coppices, and tbe ground and soil thereof, fishings, fisheries, fowlings, courts leet, courts baron, and other courts, view of frankpledge and all that to view of frankpledge doth belong, mills, mulotures, customs, tolls, duties, reliefs, beriots, fines, sums of money, amerciaments, waifs, estrays, chief-rents, quit-rents, rentscharge, rents seek, rents of aseizo, fee farm rents, services, royalties, jurisdictions, franchises, liberties, privileges, easements, profits, advantages, rights, emoluments, and hereditaments whatsoever to the manor appertaining or reputed to appertain, or at the time of conveyance demised, occupied, or enjoyed with the same, or reputed or known as part, parcel, or member thereof.

(4.) This section applied only if and as far as a contrary intention is not expressed in the conveyance, and shall hsve effect subjeot to the terms of tbe conveyance and to tbe provisions therein contained.

(5.) This section shall not be construed as giving to any person a better title to any property, right, or thing in this section mentioned than the title which the conveyance gins to him to the land or manor expressed to be conveyed, or at conveying to him any property, right, or thing in this sectke mentioned, further or otherwise than as the same could hive been conveyed to him by the conveying parties.

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(6.) This section applies only to conveyances made after the commencement of this Act.

Covenants for Title.

7. Covenants for title to be implied.'] (I.) In a conveyance there shall, in tbe several cases in this section mentioned, be deemed to be included, and there shall in those several caies, by virtue of this Act be implied, a covenant to tbe effect in this section stated, hy the person or by eacb person who conveys, as far as regards tbe subject-matter or share of subject-matter expressed to be conveyed by him, with the person, if one, to whom the conveyance is made, or with tbe persons jointly, if more than one, to whom tbe conveyance is made as joint tenants, or with each of the persons, if more than one, to whom the conveyance is made as tenants in common, that is to say:

(A.) In a oonveyance for valuable consideration, ether than a mortgage, the following covenant by a person wbo conveys and is expressed to convey as beneficial owner (namely):

That, notwithstanding anything by the person who so conveys, or any one through whom he derives title, otherwise than by pnrchese for value, made, done, executed, or omitted, or knowingly suffered, tbe person who so conveys, has, with tbe concurrence of every other person, if any, conveying by his direction, full power to convey the subject-matter expressed to be conveyed, subject as, if so expressed, and in the manner in which, it is expressed to be conveyed, and that, notwithstanding anything as aforesaid, that subject-matter shall remain to and be qnietly entered upon, received, and held, occupied, enjoyed, and taken, by the person to whom the conveyance is expressed to be made, and any person deriving title under him, and tbe benefit thereof shall be received and taken accordingly, without any lawful interrupt ion or d starbauce by tbe person who so conveys or any person conveying by his direction, or rightfully claiming or to claim by, through, under, or in trnst for the person who so conveys, or any person conveying by his direction, or by, through, or under any one not being a person olaiming in respect of an estate or interest subject whereto the conveyance is expressly made, throngh whom the person who so conveys derives title, otherwise than by purchase for value; and tbat, freed and discharged from, or otherwise by the person wbo so conveys sufficiently indemnified against, all such estates, incumbrances, claims, and demands other than those subject to which the conveyance is expressly made, as either before or after tbe date of the oonveyance have been or shall be made, occasioned, or suffered by that ptrson or by any person conveying by bis direction, or by any person rightfully claiming by, through, under, or in trust for the person who so conveys, or by, through, or under any person conveying by his direction, or by, through, or under any one through whom the person who so conveys derives title, otherwise than by purchase for value; and further, tbat the person who so conveys, and any person conveying by his direction, and every other person having or rightfully claiming any estate or interest in tbe subject-matter of conveyance, other than an estate or interest subject whereto the conveyance is expressly made, by, through, nnder, or in trust for the person who so oonveyB, or by, through, or tioder any person conveying by his direction, or by, through, or nnder any one throngh whom the person who so conveys derives title, otherwise than by purchase for value, will, from time to time and at all times after the date of tbe conveyance, on the request and at the cost of any person to whom the conveyance is expressed to be made, or of any person deriving title under him, execute and do all such lawful assurances and things for further or more perfectly assuring the subject-matter of tbe oonveyance to the person to whom tbe conveyance is made, and to those deriving title under him, subject as, if so expressed, and in the manner in which the conveyance is expressed to be made, as by him or them or any of them shall be reasonably required: (in which oovenant a purchase for value shall not be deemed to include a conveyance in consideration of marriage):

(B.) In a conveyance of leasehold property for valuable consideration, other than a mortgage, the following further covenant by a person who conveys and is expressed to convey as beneficial owner (namely):

That, notwithstanding anything by the person_ who so conveys, or any one through whom he derives title otherwise than by purchase for value, made, done, executed, or omitted, or knowingly suffered, the lease or grant creating the term or estate for which the land is conveyed is, at the time of conveyance, a good, valid, and effectual lease or grant of the property conveyed, and is in full force, unforfeiied, unsurrendered, and in nowise become void or voidable, and that, notwithstanding anything as aforesaid, all the rents reserved by, and all the covenants, conditions, and agreements contained in, the lease or grant, and on the part of the lessee or grantee and the persons deriving title under him to be paid, observed, and performed, have been paid, observed, and performed up to the time of conveyance: (in which covenant a purchase for value shall not be deemed to include a conveyance in consideration of marriage):

(C.) In a conveyance by way of mortgage, the following covenant by a person who conveys and is expressed toconvey as beneficial owner (namely):

That tbe person who so conveys, has, with the concurrence of every other person, if any, conveying by his direction, full power to convey the subject-matter expressed to be conveyed by him, subject as, if so expressed, and in the manner in which it is expressed to be conveyed ; and also that, if default is made in payment of the money intended to be secured by the conveyance^ or any interest thereon, or any part of that money or interest, oontrary to any provision in the conveyance, it shall be lawful for the person to whom the conveyance is expressed to be made, and the persons deriving title under him, to enter into and upon, or receive, and thenceforth quietly hold, occupy, and enjoy or take and have, the subject-matter expressed to be conveyed, or any part thereof, without any lawful interruption or disturbance by the person who so conveys, or any person conveying by his direction, or any other person not being a person claiming in respect of an estate or interest subject whereto the conveyauce is expressly made; and that, freed and discharged from, or otherwise by the person wbo so conveys sufficiently indemnified against, all estates, incumbrances, claims, and demands whatever, other than those subject whereto the conveyance is expressly made; and further, tbat the person who so conveys and every person conveying by bia direction, and every person deriving title under any of them, and every other person having or rightfully claiming any estate or interest in the subjeot-matter of conveyance, or any part thereof, other tban an estate or interest subject whereto the conveyance is expressly made, will from time to time, and at all times, on the request of any person to whom the conveyance is expressed to be made, ortof any person deriving title under him, but, as long as any right of redemption exists under the conveyance, at the cost of tbe person so conveying, or of those deriving title under him, and afterwards at the cost of the person making the request, execute and do all such lawful assurances and things for further or more perfectly assuring the subject-matter of conveyance and every part thereof to the person to whom the conveyance is made, and to those deriving title under him, subject as, if so expressed, and in the manner in which the conveyance is expressed to be made, as by him or them or any of them shall be reasonably required: (D.) In a conveyance by way of mortgage of leasehold propertv, the following further covenant hy a person who conveys" and is expressed to convey as beneficial owner (namely): . That the lease or grant creating the term or estate lor which the land Is held is, at the time of conveyance, a good, valid, and effectual lease or grant of the land conveyed and is in fall force, unforfeited, and unsurrendered and in nowise become void or voidable, and that all the rents reserved by, and all the covenants, conditions, and agreements contained in, the lease or grant, and on the part of the lessee or grantee and the persons deriving title under him to be paid, observed, and performed, have been paid, observed, and performed up to the time of conveyance ; and also tbat the person so convey ing, or the persons deriving title under him, will at all times, as loDg as any money remains on the security of the conveyance, pay, observe, and perform, or cause to be paid, observed, and performed all ike rents reserved by, and all the covenants, conditions, and agreements contained in, the lease or grant, and on the part of the lessee or grantee and the persons deriving title under him to be paid, observed, and performed, and will keep the person to whom the conveyance is made, and those deriving title under him, indemnified against all actions, proceedings, costs, charges, damages, claims and demands, if any, to be incurred or sustained by him or them by reason of the non-payment of such rent or the non-observance or non-performance of such covenants, conditions, and agreements, or any of them: (E.) In a conveyance by way of settlement, the following covenant by a person who conveys and is expressed to convey as settlor (namely): That the person so conveying, and every person deriving title under him by deed or act or operation of lav in his lifetime subsequent to that conveyance, or by testamentary disposition or devolution in law, on his death, will, from time to time, and at all times, after the date of that conveyance, at the request and cost of any person deriving title thereunder, execute and do all such lawful assurances and things for further or more perfectly assuiing the subject-matter of the conveyance to the persona to whom the conveyance is made and those deriving title under them, sutject as, if so expressed, and in the manner in which the conveyance is expressed to be made, as by them or any of them shall be reasonably required: (F.) In any conveyance, the following covenant by every person who conveys and is expressed to convey as trustee or mortgagee, or as personal representative of a deceased person, or as committee of a lunatic so found by inquisition, or under an order of the Court, which covenant shall be deemed to extend to every such person's own acts only (namely):

That tha person so conveying lias not exeouted or done, or knowingly suffered, or been party or privy to, any deed or thing, whereby or by means whereof the subject-matter of the conveyance, or any part thereof, is or may be impeached, charged, affected, or incumbered in title, estate, or otherwise, or whereby or by any means whereof the person who so conveys is in anywise hindered from conveying the subject-matter of the conveyance, or any part thereof, iu the manner in which it is expressed to be conveyed. (2.) Where in a conveyance it is expressed that by direction of a person expressed to direct as beneficial owner another person conveys, then, within this section, the person giving the direction, whether he conveys and is expressed to convey as beneficial owner or not, shall be deemed to convey and to be expressed to oonvey as beneficial owner the subject-matter so conveyed by bis direction; and a covenant on his part shall be implied accordingly.

(3.) Where a wife conveys and is expressed to convey as beneficial owner, and the husband also conveys and is expressed to convey as beneficial owner, then, within this section, the wife shall be deemed to convey and to be expre-aed to convey by direction of the husband, as beneficial owner; and in addition to the covenant implied on the part of the wife, there shall also be implied, first, a covenant on the part of the husband as the person giving that direction, and secondly, a covenant on the part of the husband in the same terms as the covenant implied on the part of the wife.

(4.) Wherein a conveyance a person conveying is not expressed to convey as beneficial owner, or as settlor, or as trustee, or as mortgagee, or as personal representative of a deceased person, or as committee of a lunatic so found by inquisition, or nnder an order of the Court, or by direction of a person as beneficial owner, no covenant on the part of the person conveying shall be, by virtue of this section, implied in the conveyance.

(5.) In this section a conveyance includes a deed conferring the right to admittance to copyhold or cuetomary land, but does not include a demist by way of lease at a rent, or any customary assurance, other than a deed, conferring the right to admittance to cop) hold or cu-tomary land.

(6.) The benefit of a covenant implied as aforesaid shall be annexed and incident to, and shall go with, the estate or interest of the implied covenantee, and shall be capable of being enforced by erery person in whom that estats or

nterest is, for tbe whole or any part thereof, from, time to time vested.

(7.) A covenant implied as aforesaid may be varied ot extended by deed, and, as so varied or extended, shall, as far as may be, operate in the like manner, and wit i all the like incidents, effects, and consequences, as if saca variations or extensions were directed in this section to tie implied.

(8.) This section applies only to conveyances mad: after the commencement of tbis Act.

Execution of Purchase Deed.

8. Rights of purchaser as to execution.] (1.) On a sile,lhs purchaser shall not be entitled to require that the conveyance to him be executed in his presence, or in that of his solicitor, as such; but shall be entitled to have, at his own cost, the execution of the conveyance attestel by sotne person appointed by him, who may, if he thinks fit, be his solicitor.

(2.) This section applies only to sales made after the commencement of tbis Act.

Production and Safe Custody of Title Deeds.

9. Acknowledgment of right to production, and undertaking for safe custody of documents ] (1.) Where a person retains possessi u of documents, and gives to another an acknowledgment in writing of the right of that other to production of those documents, and to delivery of copies thereof (in this section called an acknowledgment), that acknowledgment shall have effect as in this section provided.

(2.) An acknowledgment shall bind the documents to which it relates in the possession or under the control of the person who retains them, and in the possession or under the control of every other person having possession or control thereof from time to time, but shall bind each individual possessor or person as long only as be has possession or control thereof; and every person so having possession or control from time to time shall be bound specifically to perform tbe obligations imposed under this section by an acknowledgment, unless prevented from so doing by fire or other inevitable accident,

(3.) The obligations imposed under this section by an acknowledgment are to be performed from time to time at the request in writing of the person to whom an acknowledgment is given, or of any person, not being a lessee) at a not, having or claiming any estate, interest, or right through or nnder that person, or otherwise becoming through or under that person interested in or affected by the terms of any document to which the acknowledgment relates.

(4.) The obligations imposed under this section by an acknowledgment are—

(i.) An obligation to produce the documents or any of them at all reasouable times for the purpose of inspection, and of comparison with

thereof, by the person entitled to request production or by any one by him authorised in

and

(ii.) An obligation to produce tbe documents or any of them at any trial, hearing, or examination in say court, or in the execution of any commit-ioo, or elsewhere iu the United Kingdom, on any occasion on which production may properly be required, for proving or supporting the title or claim of the persoa entitled to request production, or for any other purpose relative to that title or claim ; and

(iii.) An obligation to deliver to the person entitled to request tbe same true copies or extracts, attested or unattested, of or from the documents or any of

(5.) All costs and expenses of or incidental to the spscih; performance of any obligation imposed under this section by an acknowledgment shall be paid by tbe person requesting performance.

(6.) An acknowledgment shall not confer any right to damages for loss or destruction of, or injury to, the documents to which it relate', from whatever cause arising.

(7.) Any person claiming to be entitled to the benefit of nn acknowledgment may apply to the Court for an order directing tbe production of the documents to which it relates, or any of them, or the delivery of copies of or extracts fross those documents or any of them to him, or some person on his behalf; and the Court may, if it thinks fit, order production, or production and delivery, accordingly, and may

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