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' Journal,

1881.

incorporeal, is vested on any trust, or by way of mortgage, the trust property, then the trustee desirous of being in any person solely, the same shall, on his death, not discharged shall be deemed to have retired from the trast, withstanding any testamentary disposition, devolve to and and shall, by deed, be discharged therefrom under this become vested in his personal representatives or repre Act, without any new trustee being appointed in his sentative from time to time, in like manner as if the same place. were a chattel real vesting in them or him ; and ac- (2.) Ady assurance or thing requisite for vesting the cordingly all the like powers, for one only of several joint trast property in the continuing trustees alone shall be personal representatives, as well as for a single personal executed or done. representative, and for all the personal representatives (3.) This section applies only if and as far as a contrary together, to dispose of and otherwise deal with she same, intention is not expressed in the instrument, if any, shall belong to the deceased's personal representatives or creating the trust, and shall have effect subject to the repregentative from time to time, with all the like incidents, terms of that instrument and to any provisions therein but subject to all the like rights, equities, and obligations, contained. as if the same were a chattel real vesting in them or him ; (4.) This section applies to trasts created either before and, for the purposes of this section, the personal repre- or after the commencement of this Aot. sentatives, for the time being, of the deceased, shall be deemed in law his beirs and assigns, within the meaning

33. Powers of new trustee appointed by court.] (1.) Every of all trusts and powOrs.

trustee appointed by the Court of Chancery, or by the (2.) Section four of the Vendor and Purchaser Aot, 1874,

Chancery Division of the Court, or by any other court of and section forty-eight of the Land Transfer Act, 1875,

competont jarisdiction, shall, as well before as after the &re bereby repealed.

trast property becomes by law, or by assurance, or other. (3.) This section, inolading the repeals therein, applies

wise, vested in bim, have the same powers, authorities, and

discretions, and may in all respects act as if he had been only in cases of death after the commencement of this

originally appointed a trustee by the instrument, if any, Act.

creating the trust. VII.-TRUSTEES AND EXECUTORS.

(2.) This section applies to appointments made either 31. Appointment of new trustees, vesting of trust property,

before or after the commencement of this Act. &c.] (1.) Where a trustee, either original or substituted,

34. Vesting of trust property in new or continuing trustees.] and whether appointed by a Court or otherwise, is dead,

(1.) Where a deed by which a new trustee is appointed to or remains out of the United Kingdom for more than twelve

perform any trust contains a declaration by the appointor to months, or desires to be discbarged from the trusts or

the effect that any estate or interest in any land subject to powers reposed in or conferred on him, or refages or is

the trust, or in any chattel so subject, or the right to recover unfit to act therein, or is incapable of acting therein, iben

and receive any debt or other thing in action so subject, the person or persons nominated for this purpose by the

shall vest in the persons who by virtue of the deed become instroment, if any, creating the trust, or if there is no such

and are the trustees for performing the trust, that declaration person, or no each person able and willing to aot, then the

shall, without any conveyance or assignment, operate to vest surviving or continuing trustees or trustee for the time in those persons, as joint tenants, and for the purposes of the being, or the personal representatives of the last surviving

| trust, that estate, interest, or right. or continuing trastee, may, by writing, appoint (2.) Where a deed by which a retiring trustee is discharged another person or other persons to be a trustee or trustees under this Act contains such a declaration as is in this section in the place of the trastee dead, remaining out of the mentioned by the retiring and continuing trustees, and by the United Kingdom, desiring to be discharged, refusing or other person, if any, empowered to appoint trustees, that being unfit, or being incapable, as aforesaid.

declaration shall, without any conveyance or assignment, (2.) On an appointment of a new trustee, the number of operate to vest in the contiouing trustees alone, as joint trustees may be increased.

tenants, and for the purposes of the trust, the estate, interest, (3.) On an appointment of a new trustee, it shall not be or right to which the declaration relates. obligatory to appoint more than one new trustee, where (3.) This section does not extend to any legal estate or in. only one trustee was originally appointed, or to fill up the terest in copybold or customary land, or to land conveyed by original number of trustees, where more than two trustees way of mortgage for securing money subject to the trust, or were originally appointed ; bat, except where only one to any such sbare, stock, annuity, or property as is only trustee was originally appointed, a trustee shall not be transferable in books kept by a company or other body, or in discharged onder this section from his trust apless there manner prescribed by or under Act of Parliament. will be at least two trustees to perform the tragt.

(4.) For purposes of registration of the deed in any regis(4.) On an appointment of a new trustee any assuranog try, the person or persons making the declaration shall be or thing requisite for vesting tbe trust property, or any deemed the conveying party or parties, and the conveyance part thereof, jointly in the persons who are the trustees, shall be deemed to be made by him or them under a power shall be executed or done.

conferred by this Act. (5.) Every new trustee so appointed, as well before as (5.) This section applies only to deeds executed after the after all the trust property becomes by law, or by commencement of this Act, assurance, or otherwise, vested in him, shall have the 35. Power for trustees for sale to sell by auction, fc.] (1.) same powers, authorities, and discretions, and may in all

Where a trust for sale or a power of sale of property is vested respects act, as if he had been originally appointed a

in trustees, they may sell or concor with any other person in trustee by the instrument, if any, creating the trust.

selling all or any part of the property, eitber subjeot to prior (6.) The provisions of this section relative to a trostee

charges or not, and either together or in lots, by public auction who is dead include the case of a person nominated trustee

or by private contract, subject to any such conditions respectin a will bat dying before the testator; and those relative

ing title or evidence of title, or other matter, as the trustees to a continuing trostee include a refusing or retiring

think fit, with power to vary any contract for sale, and to trustee, if willing to act in the execution of the provisions

buy in at any auction, or to rescind any contract for sale, and of this section,

to re-sell, without being answerable for any loss. (7.) This section applies only if and as far as a contrary (2.) This section applies only if and as far as a contrary intention is not expressed in the instrument, if any, intention is not expressed in the instrument creating the trust creating the trust, and sball bave effect sabject to the

or power, and shall have effect subject to the terms of that terms of that instrument and to any provisions therein instrument and to the provisions therein contained. contained.

(3.) This section applies only to a trust or power created (8.) This section applies to trusts created either before by an instrument coming into operation after the commenceor after the commencement of this Act,

ment of this Act. 32. Retirement of trustee.] (1.) Where there are more 1 36. Trustees receipts.] (1.) The receipt in writing of any than two trustees, if one of them by deed declares that he trustees or trustee for any money, securities, or other peris desirous of being discharged from the trust, and if his sonal property or effects payable, transferable, or deliverable co-trustees and such other person, if any, as is empowered to them or him under any trust or power shall be a sufficient to appoint trustees, by deed consent to the discharge of discharge for the same, and shall effectually exonerate the the trustee, and to the vesting in the co-trustees alone of person paying, transferring, or delivering the samo from

seeing to the application or being answerable for any loss or (2.) 'The trustees shall manage or superintend the misapplication thereof.

management of the land, with full power to fell timber or (2.) This section applies to trusts created either before or cot underwood from time to time in the usual course for after the commencement of this Act.

sale, or for repairs or otherwise, and to erect, pull down, 37. Power for executors and trustees to compound, dc.] (1.)

rebuild, and repair houses, and other buildings and erecAn executor may pay or allow any debt or claim on any evi

tione, and to continue the working of mine, minerals, and dence that he thinks sufficient.

quarries wbich bave usually been worked, and to drain or (2.) An executor, or two or more trustees acting together,

otherwise improve the land, or any part thereof, and to or a cole acting trustee where, by the instrument, if any,

ingure against loss by fire, and to make allowances to and creating the trust, a sole trustee is authorised to execute the arrangements with tepants and others, and to determine trusts and powers thereof, may, if and as he or they think tenancies, and to accept surrenders of leases and tenapoies, fit, accept any composition, or any security, real or personal,

and generally to deal with the land in a proper and due for any debt, or lor any property, real or personal, claimed, course of management ; but so that, where the infant is and may allow any time for payment of any debt, and may impeachable for waste, the trustees shall not commit compromise, compound, abandon, submit to arbitration, or waste, and sball cut timber on the same terms only, and otherwise settle any debt, account, claim, or thing whatever subject to the same restrictions, on and subject to which relating to the testator's estate or to the trust, and for any of the infant could, if of full age, cut the same. those purposes may enter into, give, execute, and do such (3.) The trustees may from time to time, out of the income agreements, instruments of composition or arrangement, of the land, including the produce of the sale of timber and releases, and other things as to him or them seem expedient, underwood, pay the expenses incurred in the management, without being responsible for any loss occasioned by any act, or in the exercise of any power conferred by this section, or or thing so done by him or them in good faith.

otherwise in relation to the land, and all outgoings not pay(3.) As regards trustees, this section applies only if and as able by any tenant or other person, and sball keep down any far as a contrary intention is not expressed in the instrument, annual sum, and the interest of any principal sum, charged if any, creating the trust, and sball have effect subject to the on the land. terms of that instrument and to the provisions tberein con- | (4.) The trustees may apply at discretion any income tained.

which, in the exercise of such discretion, they deem proper, (4.) This section applies to executorships and trusts con. according to the infant's age, for his or her maintenance, stituted or created either before or after tbe commencement education, or benefit, or pay thereout any money to the of this Act.

infant's parent or guardian, to be applied for the same pur38. Powers to two or more executors or trustees.] (1.) Where

poseg.

(5.) The trustees shall lay out the residue of the income of a power or trust is given to or vested in two or more executors or trustees jointly, then, unless the contrary is expressed in

the land in investment on securities on which they are by the the instrument, if any, creating the power or trust, the same

settlement, if any, or by law, authorised to invest trust money, may be exercised or performed by the survivor or survivors

with power to vary investments; and shall accumulate the of them for the time being.

income of the investments so made in the way of compound (2.) This section applies only to executorships and

interest, by from time to time similarly investing such income trasts constituted after or created by instruments coming

and the resulting income of investments; and shall stand into operation after the commencement of this Act.

possessed of the accumulated fund arising from income of the

land and from investments of income on the trusts following VIII.-MARRIED WOMEN.

(namely): 39. Power for court to bind interest of married woman.]

(i.) If the infant attains the age of twenty-one years, then (1.) Notwithstanding that a married woman is restrained

in trust for the infant ;

(i.) If the infant is a woman and marries while an infant, from anticipation, the Court may, if it thinks fit, where it appears to the Court to be for her benefit, by judgment or

then in trust for her separate use, independently of ber

husband, and so that her receipt after she marries, and order, with her consent, bind her interest in any property,

though still an infant, sball be a good discharge ; bat (2.) This section applies only to judgments or orders (iii.) If the infant dies while an infant, and being a woman made after the commencement of this Act.

without baving been married, then, where the infant 40. Power of attorney of married woman.] (1.) A married was, under a settlement, tenant for life, or by purchase woman, whether an ipfant or not, sball by virtue of this

tenant in tail or tail male or tail female, on the trusts, Act have power, as if she were unmarried and of full age,

if any, declared of the accumulated fuod by that settleby deed, to appoiat an attorney on her behalf for the ment; but where no such trusts are declared, or the parpose of executing any deed or doing any other act

infant has taken the land from which the accumulated which she might berself execute or do ; and the provisions

fund is derived by descent, and not by purchase, or the of this Act relating to instruments creating powers of

infant is tenant for an estate in fee simple, absolute or attorney shall apply thereto.

determinable, then in trust for the iofant's personal (2.) This section applies only to deeds executed after

representatives, as part of the infant's personal estate ; the commencement of this Act.

but the accumulations, or any part thereof, may at any time

be applied as if the same were income arising in the then IX.-INFANTS.

current year. 41. Sales and leases on behalf of infant owner-40 f. 41

(6.) Where the infant's estate or interest is in an Vict. c. 18.] Wbere a person in his own right seised of or

undivided share of land, the powers of this section relative entitled to land for an estate in fee simple, or for any

to the land may be exercised jointly with persons entitled leasehold interest at a rept, is an infant, the land shall be | to possession of, or having power to act in relation to the deemed to be a settled estate within the settled Estates

other undivided share or shares. Act, 1877.

(7.) This section applies only if and as far as a contrary

intention is not expressed in the instrament under which 42. Management of land and receipt and application of the interest of the infant ariges, and shall have effect subincome during minority.] (1.) If and as long as any personject to the terms of that instroment, and to the provisions who would but for this section be beneficially entitled to therein contained. the possession of any land is an infant, and being a woman

(8.) This section applies only where that instrument is also unmarried, the trustees appointed for this purpose

comes into operation after the commencement of this Act. by the settlement, if any, or if there are none so appointed, then the persons, if any, who are for the time being under 43. Application by trustees of income of property of infant the settlement trustees with power of sale of the settled for maintenance, fc.] (1.) Where any property is beld by land, or of part thereof, or with power of consent to or trostees in truet for an infant, either for life, or for any approval of the exercise of such a power of sale, or if there greater interest, and whether absolutely, or contingeatly are done, then any persons appointed as trastees for this on his attaining the age of twenty-one year, or on he purpose by the Court, on the applioation of a guardian or occurrence of any event before his attaining that age, the next friend of the infant, may enter into and continde in trustees may, at their sole discretion, pay to the infant's possession of the land ; and in every such case the subse parent or guardian, if any, or otherwise apply for or quent provisions of this section sball apply.

towards the infant's maintenance, education, or benefit, the income of that property, or any part thereuf, whether 45. Redemption of quitrents and other perpetual charges.] there is any other fund applicable to the same purpose, or (1.) Where there is a quitrent, chief-rent, rentcharge, or any person bound by law to provide for the infant's other annual sum issuing out of land (in this section referred maintenance or education, or not.

to as the rept), the Copyhold Commissioners shall at any (2.) The trustees sbalí acoumulate all the residue of time, on the requisition of the owner of the land, or of any that income in the way of compound interest, by investing person interested therein, certify the amount of money the game and the resulting income thereof from time to in consideration whereof the rent may be redeemed. time on securities on wbich they are by the settlement, if (2.) Where the person entitled to the rent is absolutely any, or by law, authorised to invest trost money, and sball | entitled thereto in fee simple in possession, or is empowered hold those accumulations for the benefit of the person who to dispose thereof absolutely, or to give an absolute discharge ultimately becomes entitled to the property from whiob

for the capital value thereof, the owner of the land, or any the same arise ; but so that the trustees may at any time,

person interested therein, may, after serving one month's if they think fit, apply those accomulations, or any part notice on the person entitled to the rent, pay or tender to thereof, as if the same were income arising in the then

that person the amount certified by the Commissioners, current year.

(3.) On proof to the Commissioners that payment or (3.) This section applies only if and as far as a contrary tender has been so made, they shall certify that the rent is intention is not expressed in the instrument under wbich

redeemed under this Act; and that certificate shall be final the interest of the infant arises, and shall have effect

and conclusive, and the land shall be thereby absolately freed subject to the terms of that instrument and to the pro

and discharged from the rent. visiong therein contained.

(4.) Every requisition under this section shall be in (4.) This section applies whether that instrument comes

writing ; and every certificate under this section sball be in into operation before or after the commencement of this

writing sealed with the seal of the Commissioners. Act.

(5:) This section does not apply to tithe rentobarge, or to

& rent reserved on a sale or lease, or to a rent made payable X.-RENTCHARGES AND OTHER ANNUAL SUMS.

under a grant or licence for building purposes, or to any

sum or payment issuing out of land not being perpetual. 44. Remedies for recovery of annual sums charged on land.)

(6.) This section applies to rents payable at, or created (1.) Where a person is entitled to receive out of any land, or after, the commencement of this Act. out of the income of any land, any annual sum, payable

(7.) This section does not extend to Ireland, balf-yearly or otherwise, whether charged on the land or on the income of the land, and whether by way of rentcharge or

XI.-POWERS OF ATTORNEY. otherwise, not being rent incident to a reversion, then, sub. ject and without prejudice to all estates, interests, and rights

46. Execution under power of attorney.] (1.) The donee having priority to the annual sum, the person entitled to

of a power of attorney may, if he thinks fit, execute or do

any assurance, iostrument, or thing in and with his own receive the same shall have soch remedies for recovering and compelling payment of the same as are described in this sec

name and signature and his own seal, where sealing is tion, as far as those remedies might have been conferred by

required, by the authority of the donor of the power; and the instrument under wbich the annual sum arises, but not

every assurance, instrument, and thing so executed and further.

done shall be as effectual in law, to all intents, as if it had (2.) If at any time the annual sum or any part thereof is

been executed or done by the donee of the power in the

name and with the signature and seal of the donor thereof. unpaid for twenty-one days next after the time appointed for

(2.) This section applies to powers of attorney created by any payment in respect tbereof, the person entitled to receive

instruments executed either before or after the commencement the appual sum may enter into and distrain on the land

of this Act. charged or any part thereof, and dispose according to law of any distress found, to the intent that thereby or otherwise 47. Payment by attorney under power without notice of the annual som and all arrears thereof, and all costs and ex. death, fc., good.] (1.) Any person making or doiog any pay. penses occasioned by non-payment thereof, may be fully paid. ment or act, in good faitb, in pursuance of a power of attorney,

(3.) If at any time the annual sum or any part thereof is shall not be liable in respect of the payment or act by reason unpaid for forty days next after the time appointed for any that before the payment or act the donor of the power had payment in respect thereof, then, although no legal demand died or become lunatic, of unsound mind, or bankrupt, or had has been made for payment thereof, the person entitled to revoked the power, if the fact of dealb, Junacy, unsoundness receive the annual sum may enter into possession of and hold of mind, bankruptcy, or revocation was not at the time of the the land charged or any part thereof, and take the income payment or act known to the person making or doing the thereof, until thereby or otherwise the apnual sum and all same. arrears thereof due at the time of bis entry, or afterwards (2.) But this section shall not affect any right against the becoming due during his continuance in possession, and all payee of any person interested in any money so paid; and that costs and expenses occasioned by non-payment of the annual person sball have the like remedy against the payee as he sum, are fully paid ; and such possession when taken shall would have had against the payer if the payment had not been be without impeachment of waste.

made by him. (4.) In the like case the person entitled to the annual (3.) This section applies only to payments and acts made charge, whether taking possession or not, may also by deed , and done alter the commencement of this Act. demise the land charged, or any part thereof, to a trustee for a term of years, with or without impeachment of waste, on 48. Deposit of original instruments creating powers of trust, by mortgage, or sale, or demise, for all or any part of attorney.) (1.) An instrument creating a power of attorney, the term, of the land charged, or of any part thereof, or by its execution being verified by affidavit, statutory declaration, receipt of the income thereof, or by all or any of those means, or other sufficient evidence, may, with the affidavit or declaor by any other reasonable means, to raise and pay the annual ration, ifany, bo deposited in the Central Office of the Supreme sum and all arrears thereof due or to become due, and all Court of Judicature. costs and expenses occasioned by non payment of the annual (2.) A separate file of instruments so deposited shall be kept, sam, or incurred in compelling or obtaining payment thereof, and any person may search that file, and inspect every instruor otherwise relating thereto, including the costs of the pre- ment so deposited, and an office copy thereof shall be delivered paration and execution of the deed of demise, and the costs out to him on request. of the execution of the trusts of that deed ; and the surplus, (3.) A copy of an instrument so deposited may be presented if any, of the money raised, or of the income received, under at the office, ard may be stamped or marked as an office the trusts of that deed shall be paid to the person for the time copy, and wben so stamped or marked shall become and be being entitled to the land therein comprised in reversion an office copy. immediately expectant on the term thereby created.

(4.) An office copy of an instrument so deposited shall (5.) This section applies only if and as far as a contrary without further proof be sufficient evidence of the contents intention is not expressed in the instrument under which of the instrument and of the deposit thereof in the Central the annual sum arises, and shall have effect subject to the Office. terms of that instrument and to the provisions thereid (5.) General Rules may be made for purposes of this sec. contained

tion, regulating the practice of the Central Office, and pre(6.) This section applies only where that instrument comes scribing, with the concurrence of the Commissioners of Her into operation after the commencement of this Act.

| Majesty's Treasury, the fees to be taken therein.

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, IN$1.

(6.) This section applies to instruments creating powers of the Fourth Schedule to this Act, or in the like form or attorney executed either before or after the commencement using expressions to the like effect, shall, as regards form of this Act.

and expression in relation to the provisions of this Act, be

sufficient. XII.-CONSTRUCTION AND EFFECT OF DEEDS AND OTHER

58. Covenants to bind heirs, fc.] (1.) A covenant relating INSTRUMENTS.

to land of inheritance, or devolving on the heir as special 49. Use of word grant unnecessary.) (1.) It is hereby de.

occupant, shall be deemed to be made with the covenantee, clared that the use of the word graut is not necessary in

bis beirs and assigns, and shall have effect as if heirs and order to convey tenements or hereditaments, corporeal or

assigns were expressed. incorporeal.

(2.) A covenant relating to land not of inheritance, or not (2.) This section applies to conveyances made before or

devolving on the heir as special occupant, shall be deemed after the commencement of this Act.

to be made with the covenantee, his executors, administra50. Conveyance by a person to himself, &c.] (1.) Freehold tors, and assigns, and shall have effect as if execators, adJand, or a thing in action, may be conveyed by a person to | ministrators, and assigns were expressed. himself jointly with another person, by the like means by (3.) This section applies only to covenants made after the which it might be conveyed by him to another person; and commencement of this Act. may, in like manner, be conveyed by a husband to his wife

59. Covenants to extend to heirs, dc.) (1.) A covenant, and and by a wife to her husband, alone or jointly with another

a contract under seal, and a bond or obligation under seal, person.

though not expressed to bind the heirs, shall operate in law (2) This section applies only to conveyances made after

to bind the heirs and real estate, as well as the executors the commencement of this Act.

and administrators and personal estate, of the person making 51. Words of limitation in fee or in tail.] (1.) In a deed it the same, as if heirs were expressed. shall be sufficient, in the limitation of an estate in fee simple, (2.) This section extends to a covenant implied by virtae to use the words in fee simple, without the word beirs; and of this Act. in the limitation of an estate in tail, to use the words in tail (3.) This section applies only if and as far as a contrary without the words heirs of the body; and in the limitation intention is not expressed in the covenant, contract, bond, or of an estate in tail male or in tail female, to use the obligation, and shall have effect subject to the terms of the words in tail male or in tail female, as the case requires, covenant, contract, bond, or obligation, and to the provisions without the words heirs male of the body, or heirs female of therein contained. the body,

(4.) This section applies only to a covenant, contract, bond, (2.) This section applies only to deeds executed after the or obligation made or implied after the commeocement of commencement of tbis Act.

this Act. 52. Powers simply collateral.] (1.) A person to whom any 60. Effect of covenant with two or more jointly.] (1.) A power, whether coupled with an interest or not, is given covenant, and a contract under seal, and a bond or obligamay by deed release, or contract not to exercise, the tion under seal, made with two or more jointly, to pay money power.

or to make a conveyance, or to do any other act, to them or (2.) This section applies to powers created by instruments | for their benefit, shall be deemed to include, and shall, by coming into operation either before or after the commence | virtue of this Act, imply, an obligation to do the act to, or ment of this Act.

for the benefit of, the survivor or survivors of them, and 53. Construction of supplemental or annexed deed.) (1.) A

to, or for the benefit of, any other person to whom the deed expressed to be supplemental to a previous deed, or

right to sue on the covenant, contract, bond, or obligation directed to be read as an annex thereto, shall, as far as may

devolves. be, be read and have effect as if the deed so expressed or

(2.) This section extends to a covenant implied by virtaa directed were made by way of ip dorsement on the previous

of this Act. deed, or contained a full recital thereof.

(3.) This section applies only if and as far as a contrary (2.) This section applies to deeds executed either before or

intention is not expressed in the covenant, contract, bond, or after the commencement of this Act.

obligation, and shall have effect subject to the covecant,

contract, bond, or obligation, and to the provisions therein 54. Receipt in deed sufficient.] (1.) A receipt for considera

contained. tion money or securities in the body of a deed sball be a

(4.) This section applies only to a covenant, contract, bond, sufficient discharge for the same to the person paying or de or obligation made or implied after the commencement of livering the same without any further receipt for the same this Act. being indorsed on the deed. (2.) This section applies only to deeds executed after the

61. Efect of advance on joint account, dc.] (1.) Where ommencement of this Act.

in a mortgage, or an obligation for payment of money, or a

transfer of a mortgage or of such an obligation, the sum, or 55. Receipt in deed or indorsed, evidence for subsequent

any part of the sum, advanced or owing is expressed to be purchaser. 1(1.) A receipt for consideration money or other con

advanced by or owing to more persons than one out of money, sideration in the body of a deed or indorsed thereon sball, in

or as money, belonging to tbem on a joint account, or a favour of a subsequent purchaser, not having notice that the

mortgage, or such an obligation, or such a transfer is made money or other consideration thereby acknowledged to be

to more persons than one, jointly, and not in shares, the received was not in fact paid or given, wholly or in part, be mortgage money, or other money, or money's worth for the sufficient evidence of the payment or giving of the whole time being due to those persons on the mortgage or obligaamount thereof.

tion shall be deemed to be and remain money or money's (2.) This section applies only to deeds executed after the

worth belonging to those persons on a joint account, as between ommencement of this Act.

them and the mortgagor or obligor ; and the receipe in writing 56. Receipt in deed or indorsed, authority for payment to

of the survivors or last survivor of them, or of the personal solicitor.? (1.) Where a solicitor produces a deed, having in representatives of the last survivor, shall be a complete disthe body thereof or indorsed thereon a receipt for considera charge for all money or money's worth for the time being tion money or other consideration, the deed being execated, due, notwithstanding any notice to the payer of a severance or the indorsed receipt being signed, by the person entitled to of the joint account. give a receipt for that consideration, the deed shall be suffi. (2.) This section applies only if and as far as a contrary cient authority to the person liable to pay or give the same intention is not expressed in the mortgage, or obligation, or for his paying or giving the same to the solicitor, without transfer, and shall have effect subject to the terms of the the solicitor producing any separate or other direction or mortgage, or obligation, or transfer, and to the provisions authority in that behalf from the person who executed or

therein contained. signed the deed or receipt.

(3.) Tbis section applies only to a mortgage, or obligation, (2.) This section applies only in cases where considera or transfer made after the commencement of this Act. tion is to be paid or given after the commencement of this 62. Grants of easements, dc., by way of use.) (1.) A conAct.

veyance of freehold land to the use that any person may 57. Sufficiency of forms in Fourth Schedule.] Deeds in the have, for an estate or interest not exceeding in duration the form of and using the expressions in the Forms given in estate conveyed in the land, any easement, right, liberty, or

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1881

privilege in, or over, or with respect to that land, or any part having a contingent or defeasible interest in the term, be liable thereof, shall operate to vest in possession in that person that to be, and shall be, conveyed and settled in like manner as basement, rigbt, liberty, or privilege, for the estate or interest the other land, being freehold land, aforesaid, and until so expressed to be limited to him; and be, and the persons de conveyed and settled shall devolve beneficially as if it had riving title under him, shall have, use, and enjoy the same been so conveyed and settled. accordingly.

(6.) The estate in fee simple so acquired sball, wbether (2.) This section applies only to conveyances made after the term was originally created without impeachment of the commencement of this Act.

waste or not, include the fee simple in all mines and 63. Provision for all the estate, fc.] (1.) Every conveyance

minerals which at the time of enlargement bave not been shall, by virtue of this Act, be effectual to pass all the estate,

severed in right, or in fact, or have not been severed or right, title, interest. claim, and demand which the conveving | reserved by an inclosure Act or award. parties respectively have, in, to, or on the property conveyed,

(7.) This section applies to every such term as afore. or expressed or intended so to be, or which they respectively

said subsisting at or after the commencement of this Act. have power to convey in, to, or on the same. (2.) This section applies only if and as far as a contrary

XIV.-ADOPTION or Act. intention is not expressed in the conveyance, and shall have 66. Protection of solicitor and trustees adopting Act.] (1.) effect subject to the terms of the conveyance and to the pro It is hereby deolared that the powers given by this Aot to visions therein contained.

any person, and the covenants, provisions, stipulations, and (3.) This section applies only to conveyances made after words which under this Act are to be deemed included or the commencement of this Act.

implied in any instrument, or are by tbis Act made ap64. Construction of implied covenants.] In the construction

plicable to any contract for sale or other transaction, are of a covenant or proviso, or other provision, implied in a

and sball be deemed in law proper powers, covenants, deed by virtue of this Act, words importing the singular or

provisions, stipulations, and words, to be given by or to plural number, or tbe masculine gender, shall be read as also

be contained in any such instroment, or to be adopted in importing the plural or singular number, or as extending to

connexion with, or applied to, any such contract or transfemales as the case may require.

action; and a solicitor shall not be deemed guilty of

neglect or breach of duty, or become in any way liable, XIII.-LONG TERMS.

by reason of his omitting, in good faith, in any such 65. Enlargement of residue of long term into fee simple.] (1.) instrument, or in connexion with any such contract or Where a residue unexpired of not less than two hundreál transaction, to negative the giving, inclusion, implication, years of a term, which, as originally created, was for not less or application of any of those powers, covenants, provisions, than three hundred years, is subsisting in land, whether | stipulations, or words, or to ipgert or apply any others in being the whole land originally comprised in the term, or place thereof, in any case where the provisions of this Act part only thereof, without any trust or right of redemption | would allow of bis doing so. affecting the term in favour of the treeholder, or other person (2.) But nothing in this Act shall be taken to imply that entitled in reversion expectant on the term, and without any the insertion in any such instrument, or the adoption in rent, or with merely a peppercorn rent or other rent having connexion with, or the application to, any contract or no money value, incident to the reversion, or having had a transaction, of any further or other powers, covenante, rent, not being merely a peppercorn rent or other rent having | provisions, stipulations, or words is improper, no money value, originally so incident, which subsequently (3.) Where the solicitor is acting for trastees, executors, kas been released, or bas become barred by lapse of time, or or other persons in a fiduciary position, those persons sball has in any other way ceased to be payable, then the term also be protected in like manner. may be enlarged into a fee simple in the manner, and subject (4.) Where such persons are acting without a solicitor, to the restrictions, in this section provided.

they shall also be protected in like manner. (2.) Each of the following persons (namely): (i.) Any person benefic:ally entitled in right of the term, I

XV.- MISCELLANEOUS. whether subject to any incumbrance or not, to posses 67. Regulations respecting notice.] (1.) Any notice sion of any land comprised in the term ; but, in case of

required or authorised by this Act to be served shall be in a married woman, with the concurrence of her husband, writing. unless she is entitled for her separate use, whether

(2.) Any notice required or anthorised by this Act to with restraint on anticipation or not, and then without

be served on a lessee or mortgagor shall be sofficient, his concurrence;

although only addressed to the lessee or mortgagor by (ii.) Any person being in receipt of income as trustee, in

that designation, without his name, or generally to the right of the term, or having the term vested in bim in trust for sale, whether subject to any incumbrance or

persons interested, without any name, and notwithstanding

that any person to be affected by the notice is absent, not; (ii.) Any person in whom, as personal representative of

under disability, unborn, or upascertained.

(3.) Any notice required or authorised by this Act to be any deceased person, the term is vested, whether sub

served shall be sufficiently served if it is left at the lastject to any incombrance or not ; .

known place of abode or business in the United Kingdom shall, as far as regards the land to which he is entitled, or in

of the lessee, lessor, mortgagee, mortgagor, or other perwhich he is interested, in right of the term, in any such cha

son to be served, or, in case of a notice required or racter as aforesaid, have power by deed to declare to the effect that, from and after the execution of the deed, the term

authorised to be served on a lessee or mortgagor, is aflixed chall be enlarged into a fee simple.

or left for him on the land or any house or building com(3.) Thereupon, by virtue of the deed and of this Act, the

prised in the lease or mortgage, or, in case of a mining term shall become and be enlarged accordingly, and the

lease, is left for the lessee at the office or counting-house

of the mine. person in whom the term was previously vested shall acquire and bave in the land a see simple instead of the term.

(4.) Any notice required or authorised by this Act to (4.) The estate in fee simple so acquired by enlargement

be served shall also be sufficiently seryyd, if it is sent by

post in a registered letter addressed to the lessee, lessor, shall be subject to all the same trusts, powers, executory limitations over, rights, and equities, and to all the same cove.

mortgagee, mortgagor, or other person to be served, by

name, at the aforesaid place of abode or business, office, nants and provisions relating to user and enjoyment, and to all the same obligations of every kind, as the term would

or counting-house, and if that letter is not returned have been subject to if it had not been so enlarged.

through the post office undelivered ; and that service shall

be deemed to be made at the time at which the registered (5.) But where any land so held for the residue of a term

letter would in the ordinary course be delivered. has been settled in trust by reference to other land, being freehold land, so as to go along with that other land as far

(5.) This section does not apply to notices served in proas the law permits, and, at the time of enlargement, the

ceedings in the Court, ultimate beneficial interest in the term, whether subject to 68. Short title of 5 & 6 Will. 4, c. 62.] The Act described any subsisting particular estate or not, has not become ab. in Part II, of the First Schedule to this Act shall, by solutely and indefeasibly vested in any person, then the | virtue of this Act, have the short title of the Statutory estate in fee simple acquired as aforesaid shall, without preju. | Declarations Act, 1835, and may be cited by that short dice to any conveyance for value previously made by a person title in any declaration made for any purpose under or by

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