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seeing to the application or being answerable for any loss or misapplication thereof.
(2.) This section applies to frosts created eilher before or after the commencement of this Act.
37. Fencer for executors and trustees to compound, tie.] (1.) An executor may pay or allow any debt or claim on any evidence tbat he thinks sufficient.
(2.) An executor, or two or more trustees acting together, or a sole acting tiustee where, by the instrument, if any, creating the trust, a solo trustee is authorised to execute the trusts and powers thereof, may, if and as he or they think fit, accept any composition, or any security, real or persona], for any debt, or (or any property, real or personal, claimed, and may allow any time for payment of any debt, and may compromise, compound, abandon, submit to arbitration, or otherwise settle any debt, account, claim, or thing whatever relating to the testator's estate or to the trust, and for any of those purposes may enter into, give, execute, and do such agreements, instruments of composition or arrangement, releasee, and other things as to him or them seem expedient, without being responsible for any loss occasioned by any act, or thing so done by him or them in good faith.
(3.) As regards trustees, this section applies only if and as far as a contrary intention is not expressed in the instrument, if any, creating the trust, and shall have effect subject to the terms of that instrument and to the provisions therein contained.
(4.) This section applies to executorships and trusts constituted or created either before or after the commencement of this Act.
38. Foicert to two or more executors or trustees."] (1.) Where a power or trust is given to or vested in two or more executors or trustees jointly, then, unless the contrary is expressed in the instrument, if any, creating the power or trust, the same may be exercised or performed by the survivor or survivors of them for the time being.
(2.) This section applies only to executorships and trusts constitnted after or created by instruments coming into operation after the commencement of this Aot.
39. Power /or court to hind interest of married woman."] (1.) Notwithstanding that a married woman is restrained from anticipation, the Court may, if it thinks lit, where it appears to the Court to be (or her benefit, by judgment or order, with her consent, bind her interest in any property.
(2.) This section applies only to judgments or orders made after the commencement of this Aot.
40. Power of attorney of married woman.] (1.) A married woman, whether an infant or not, shall by virtue of this Aot have power, as if she were unmarried and of full age, by deed, to appoint an attorney on her behalf for the purpose of executing any deed or doing any other act whioh she might herself execute or do; and the provisions of this Aot relating to instruments creating powers of attorney shall apply thereto.
(2.) This section applies only to deeds executed after the commencement of this Act.
41. Sales and leases on behalf of infant owner—40 <$• 41 Viet. c. 18.] Where a person in his own right seised of or entitled to land for an estate in fee simple, or for any leasehold interest at a rent, is an infant, the land shall be deemed to be a settled estate within the Settled Estates Aot, 1877.
42. Management of land and receipt and application of income during minority.] (1.) If and as long as any person who would but for this section be beneficially entitled to the possession of any land is an infant, and being a woman is also unmarried, the trustees appointed for this purpose by the settlement, if any, or if there are none so appointed, then the persons, if any, who are for the time being under the settlement trustees with power of sale of the Bettled land, or of part thereof, or with power of consent to or approval of the exercise of such a power of sale, or if there are none, then any persons appointed as trustees for this purpose by the Court, on the applioation of a guardian or next friend of the infant, may enter into and continue in possession of the land ; and in every such case the subsequent provisions of this section shall apply.
(2.) The trustees shall manage or superintend the management of the land, with full power to fell timber or cut underwood from time to time in the usual course for sale, or for repairs or otherwise, and to erect, poll down, rebuild, and repair bouses, and other buildings and erections, and to continue the working of mines, minerals, and quarries whioh have usually been worked, and to drain or otherwise improve the land, or any part thereof, tod to insure against loss by fire, and to make allowances to and arrangements with tenants and others, and to determine tenancies, and to accept surrenders of leases and tenanoiee, and generally to deal with the land in a proper and das course of management ; but so that, where the infant is impeachable for waste, the trustees shall not commit waBte, and Bball out timber on the same terms only, and snbjeot to the same restrictions, on and subject to which the infant oould, if of full age, out the same.
(3.) The trustees may from time to time, out of the income of the land, including the produce of the sale of timber and underwood, pay the expenses incurred in the management, or in the exercise of any power conferred by this section, or otherwise in relation to the land, and all outgoings not psyable by any tenant or other person, and shall keep down any annual sum, and the interest of any principal sum, charged on the land.
(4.) The trustees may apply at discretion any income which, in the exercise of such discretion, they deem proper, according to the infant's age, for his or her maintenance, education, or benefit, or pay thereout any money to the infant's parent or guardian, to be applied for the same purposes.
(5.) The trustees shall lay out the residue of the income of the land in investment on securities on which they are by the settlement, if any, or by law, authorised to invest trust money, with power to vary investments; and shall accumulate the income of the investments so made in the way of compound interest, by from time to time similarly investing inch income and the resulting income of investments; and shall stand possessed of the accumulated fund arising from income of tie land and from investments of income on the trusts following (namely):
(i.) If the infant attains ihe age of twenty-one years, then in trust for the infant;
(ii.) If the infant is a woman and marries while an infant, then in trust for her separate use, independently of her husband, and so that her receipt after she marries,ud though still an infant, shall be a good discharge ; but
(iii.) If the infant dies while an infant, and being a woman without having been married, then, where the infant was, under a settlement, tenant for life, or by purchase tenant in tail or tail male or tail female, on the trusts, if any, declared of the accumulated fund by that settlement; but where no such trusts are declared, or the infant bas taken the land from which the accumulated fund is derived by descent, and not by purchase, or the infant is tenant for an estate in fee simple, absolute at determinable, then in trust for the infant's personal representatives, as part of the infant's personal estate; but the accumulations, or any part thereof, may at any time be applied as if the same were income arising in the then current year.
(6.) Where the infant's estate or interest is in an undivided share of land, the powers of this section relative to the land may be exercised jointly with persons entitled to possession of, or having power to aot in relation to, the other undivided share or shares.
(7.) This section applies only if and as far as a contrary intention is not expressed in the instrument under which the interest of the infant arises, and shall have effect subject to the terms of that instrument, and to the provisions therein contained.
(S.) This section applies only where that instrument comes into operation after the commencement of this Act.
43. Application by trustees of income of property of imfmt for maintenance, #c] (1.) Where any property is held by trustees in trust for an infant, either for life, or for any greater interest, and whether absolutely, or ooniingeatly on his attaining the age of twenty-one years, or on he oconrrenoe of any event before his attaining tbat aire, tin trustees may, at their sole discretion, pay to the infant's parent or guardian, if any, or otherwise apply for or towards the infant's maintenance, education, or benefit. the income of that property, or any part thereof, whether there is any other fond applicable to the same purpose, or any person bound by jaw to provide for the infant's maintenance or education, or not.
(2.) The trustees shall accumulate all the residue of that income in the way of compound interest, by investing the same and the resulting income thereof from time to time on securities on which they are by the settlement, if any, or by law, authorised to invest trust money, and shall hold those accumulations for the bene St of the person who ultimately becomes entitled to the property from whioh the same arise : but so that the trustees may at any time, if they think fit, apply those accumulations, or any part thereof, as if the same were income arising in the then current year.
(3.) ThU seotion applies only if and as far as a contrary intention is not expressed in the instrument under whioh the interest of the infant arises, and shall have effeot subject to the terms of that instrument and to the provisions therein contained.
(4.) This section applies whether that instrument oomes into operation before or after the commencement of this Act.
X.—Rentcharoes And Other Annual Sums.
44. Remedies for recovery of annual sum) charged on land.] (1.) Where a person is entitled to receive out ol any land, or out of the income of any land, any annual sum, payable half-yearly or otherwise, whether charged on the land or on the income of the land, and whether by way of rentcharge or otherwise, not being rent incident to a reversion, then, subject and without prejudice to all estates, interests, and rights having priority to the annual sum, the person entitled to receive the same shall have such romedies for recovering and compelling payment of the same as are described in this seotion, as far as those remedies might have been conferred by the instrument under which the annual Bum arises, but not farther.
(2.) If at any time the annual sum or any part thereof is unpaid for twenty-one days next after the time appointed for any payment in respect thereof, the person entitled to receive the annual sum may enter into and distrain on the land charged or any pari thereof, and dispose according to law of any distress found, to the intent that thereby or otherwise the annual sum and all arrears thereof, and all costs and expenses occasioned by non-payment thereof, may be fully paid.
(3.) If at any time the annual sum or any part thereof is unpaid for forty days next after the time appointed for any payment in respect thereof, then, although no legal demand has been made for payment thereof, the person entitled to receive the annual sum may enter into possession of and hold the land charged or any part thereof, and take the income thereof, until thereby or otherwise the annual sum and all arrears thereof due at the time of bis entry, or afterwards becoming due during his continuance in possession, and all costs and expenses occasioned by non-payment of the annual sum, are fully paid ; and such possession when taken shall be without impeachment of waste.
(4.) In the like case the person entitled to the annual charge, whether taking possession or not, may also by deed demise the land charged, or any part thereof, to a trustee for a term of years, with or without impeachment of waste, on trust, by mortgage, or sale, or demise, for all or any part of the term, of the land charged, or of any part thereof, or by receipt of the income thereof, or by all or any of those means, or by any other reasonable means, to raise and pay the annual sum and all arrears thereof due or to become due, and all costs and expenses occasioned by nonpayment of the annual sum, or incurred in compelling or obtaining payment thereof, or otherwise relating thereto, including the costs of the preparation and execution of the deed of demise, and tbe costs of the execution of the trusts of that deed ; and tbe surplus, if any, of the money raised, or of tbe income received, under the trusts of that deed shall be paid to the person for the time being entitled to the land therein comprised in reversion immediately expectant on the term thereby created.
(5.) This section applies only if and as far as a contrary intention is not expressed in the instrument under which the annual sum arises, and shall have effect subject to the terms of that instrument and to the provisions therein contained.
(6.) This section applies only where that instrument comes into operation after the commencement of this Act.
45. Redemption of quilrents and other perpetual charges.] (1.) Where there is a quitrent, chief-rent, rentcharge, or other annual sum issuing out of land (in this section referred to as the rent), the Copyhold Commissioners shall at any time, on the requisition of the owner of the land, or of any person interested therein, certify the amount of money in consideration whereof the rent may be redeemed.
(2.) Where the person entitled to the rent is absolutely entitled thereto in fee simple in possession, or is empowered to dispose thereof absolutely, or to give an absolute discharge for the capital value thereof, the owner of the land, or any person interested therein, may, after serving one month's notice on the person entitled to the rent, pay or tender to that person the amount certified by the Commissioners.
(3.) On proof to the Commissioners that payment or tender has been so made, they shall ceriify that the rent is redeemed under this Act ; and that certificate shall be final and conclusive, and tbe land shall be thereby absolutely freed and discharged from the rent.
(4.) Every requisition under this section shall be in writing ; and every certificate under this section shall be in writing sealed with the foal of the Commissioners.
(5.) This section does not apply to tithe rentoharge, or to a rent reserved on a sale or lease, or to a rent made payable under a grant or licence for building purposes, or to any sum or pnyment issuing out of land not being perpetual.
(6.) This section applies to rents payable at, or created after, the commencement of this Act.
(7.) This section does not extend to Ireland.
XI.—Powers Of Attorney.
46. Execution under power of attorney.] (1.) The donee of a power of attorney may, if he thinks fit, execute or do any assurance, instrument, or thing in and with his own name and signature and his own seal, where sealing is required, by the authority of the donor of the power ; and every assurance, instrument, and thing so executed and done shall be as effectual in law, to all intents, as if it had been executed or done by the donee of the power in the name and with the signature and seal of the donor thereof.
(2.) This section applies to powers of attorney created by instruments executed either before or after the commencement of this Act.
47. Payment by attorney under power without notice of death, §c, good.] (1.) Any person makingordoing any payment or act, in good faith, in pursuance of a power of attorney, shall not be liable in respect of the payment or act by reason that before the payment or act the donor of the power had died or become lunatic, of unsound mind, or bankrupt, or had revoked the power, if tbe fact of death, lunacy, unsoundness of mind, bankruptcy, or revocation was not at the time of the payment or act known to the person making or doing the same.
(2.) But this seotion shall not affect any right against the payee of any person interested in any money so paid ; and that person shall have the like remedy against the payee as he would have bad against the payer if the payment had not been made by him.
(3.) This section applies only to payments and acts made and done alter the commencement of this Act.
48. Deposit of original instruments creating powers of attorney.] (1.) An instrument creating a power of attorney, its execution being verified by affidavit, statutory declaration, or other sufficient evideuce, may, with the affidavit or declaration, if any, bo deposited in the Central Office of the Supreme Court of Judicature.
(2.) A separate file of instruments So deposited shall bekept, and any person may search that file, and inspect every instrument so deposited, and an office copy thereof shall be delivered out to him on request.
(3.) A copy of an instrument so deposited may be presented at the office, and may be stamped or marked as an office copy, and when so stamped or marked shall become and be an office copy.
(4.) An office copy of an instrument so deposited shall without further proof be sufficient evidence of the contents of the instrument and of the deposit thereof in the Central Office.
(5.) General Rules may be made for purposes of this section, regulating the practice of the Central Office, and prescribing, with the concurrence of the Commissioners of Her Majesty's Treasury, the fees to be taken therein.
(6 ) This section applies to instrument* creating powers of attorney executed either before or after the commencement of this Act.
XII.—Construction And Effect Of Deeds And Other Instruments.
49. Use of word grant unnecessary.] (1.) It is hereby declared that the use of the word grant is not necessary in order to convey tenements or hereditaments, corporeal or incorporeal.
(2.) This section applies to conveyances made before or after the commencement of this Act.
60. Conveyance by a person to himself, <tc.] (1.) Freehold land, or a thing in aotion, may be conveyed by a person to himself jointly with another person, by the like means by which it might be conveyed by him to another person; and may, in like manner, be conveyed by a husband to his wife and by a wife to her husband, alone or jointly with another person.
(2) This section applies only to conveyances made after the commencement of ibis Act.
51. Words of limitation in fee or in tail.] (1.) In a deed it shall be sufficient, in the limitation of an estate in fee simple, to use the words in fee simple, without the word heirs; and in the limitation of an estate in tail, to use the words in tail without the words heirs of the body; and in the limitation of an estate in tail male or in t»il female, to use the words in tail male or in tail female, as the oase requires, without the words heirs male of the body, or heirs female of the body.
(2.) This section applies only to deeds exeouted after the commencement of this Act.
62. Powers simply collateral.'] (1.) A person to whom any power, whether coupled with an interest or not, is given may by deed release, or contract not to exercise, the power.
(2.) This section applies to powers created by instruments coming into operation either before or after the commencement of this Act.
53. Construction of supplemental or annexed deed.] (1.) A deed expressed to be supplemental to a previous deed, or directed to be read as an annex thereto, shall, as far as may be, be read and have effect as if the deed so expressed or directed were made by way of indorsement on the previous deed, or contained a full recital thereof.
(2.) This section applies to deeds executed either before or after the commencement of this Act.
64. Receipt in deed sufficient.] (1.) A receipt for consideration money or securities in the botiy of a deed shall be a sufficient discharge for the same to ttie person paying or delivering the same without any further receipt for the same being indorsed on the de d.
(2.) This section applies only to deeds executed after the ommencement of this Act.
55. Receipt in deed or indorsed, evidence for subsequent purchaser.] (I.) A receipt for consideration money or oi her consideration in the body of a deed or indorsed thereon shall, in favour of a subsequent purchaser, not haviog notice that the money or other consideration thereby acknowledged to be received was not in fact paid or given, wholly or in part, be sufficient evidence of the payment or giving of the whole amount thereof.
(2.) This section applies only to deeds executed after the ommencement of this Act.
66. Receipt in deed or indorsed, authority for payment to solicitor.] (1.) Where a solicitor produces a deed, having in the body thereof or indorsed thereon a receipt for consideration money or other consideration, the deed being executed, or the indorsed receipt being signed, by the persou entitled to give a receipt for that consideration, the deed shall be sufficient authority to the ptr-on liable lopay or give the same for his paying or giving the same to the solicitor, without the solicitor producing any separate or other direction or authority in that behalf from the person who executed or signed the deed or receipt.
(2.) This section applies only in cases where consideration is to be paid or given after the commencement of this Act.
57. Sufficiency of forms in Fourth Schedule.] Deeds in the form of and using the expressions in the Forms given in
the Fourth Schedule to this Act, or in the like form or using expressions to the like effect, shall, as retards form and expression in relation t> the provisions of this Act, be sufficient.
53. Covenants to bind heirs, $c] (I.) A covenant relating to land of inheritance, or devolving on the heir as special occupant, shall be deemed to be nude with the covenantee, bis heirs and assigns, and shall have effect as if heirs ar.d assigns were expressed.
(2.) A covenant relating to land not of inherit ince, or not devolving on the heir as special occupant, shall be deemed to be made with the covenantee, his executors, administrators, and assigns, and shall have effect as if executors, administrators, and assigns were expressed.
(3.) This section applies only to covenants made after the commencement of this Act.
59. Covenants to extend to heirs, Ac] (1.) A covenant, and a contract under seal, and a bond or obligation under seal, though not expressed to bind the heirs, shall operate in law to bind the heirs and real estate, as well as the executors and administrators and personal ett ite, of the person making the same, as if heirs were expressed.
(2.) This section extends to a covenant implied by virtne of this Act.
(3.) This section applies only if and as far as a contrary intention is not expressed in the covenant, contrac", bond, or obligation, and shall have effect sulject to the terms of tha covenxnt, contraot, bond, or obligation, and to the provisions therein contained.
(4.) This section applies only to a covenant, contract, bond, or obligation made or implied after the commencement of this Act.
60. Effect of covenant with two or more jointly.] (1.) A covenant, and a contract under seal, and a bond or obligation under seal, made with two or more jointly, to pay money or to make a conveyance, or to do any other act, to them or for their benefit, shall be deemed to include, and shall, by virtue of this Act, imply, an obligation to do the act to, or for the benefit of, the survivor or survivors ot them, and to, or for the benefit of, any other person to whom the right to sue on the covenant, contract, bond, or obligation devolves.
(2.) This section extends to a covenant implied by virtne of this Act.
(3.) This section applies only if and as far as a contrary intention is not expressed in the covenant, contract, bond, or obligation, and shall have effect sobjtct to the covenant, contract, bond, or obligation, and to the provisions therein
(4.) This section applies only to a covenant, contract, bond, or obligation made or implied after the commencement of this Act.
61. Effect of advance on joint account, <fcc.j (1.) Where in a mortgage, or an obligation for payment of money, or a transfer ot a mortgage or of such an obligation, the sum, or any part of fie sum, advanced or owing is expressed to be advanced by or on iui; to more persons than one out of money, or as money, belonging to them on a joint account, cr a mortgage, or such an obligation, or such a transfer is mad* to more persons than one, jointly, and not in shares, tha mortgage money, or other money, or money's worth for the time being due to those persons on the mortgage or obligation shall he deemed to be aud remain money or money's worth belonging to those persons on a joint account, as between them and the mortgagor or obligor ; and the receip: in writing; of the survivors or last survivor of them, or of the personal representatives of the last survivor, shall be a complete discharge for all money or money's worth for the lime being due, notwithstanding any notice to the payer of a severance of the j jint account.
(2.) This section applies only if and as far as a contrary intention is not expressed in the mortgage, or obligation, oar transfer, and shall have effect subject to the terms of tha mortgage, or obligation, or transfer, and to the provisions therein contained.
(3.) This section applies only to a mortgage, or obligation, or transfer made after the commencement of this Act.
62. Grants of easements, etc., by way of use.] (1.) A conveyance of freehold land to the uso that any person may have, for an estate or interest not exceeding in duration Um estate conveyed in the land, any easement, right, liberty, or privilfge in, or over, or with respect to that land, or any part thereof, shall operate to vest in possession in that person that easement, right, liberty, or privilege, for the estate orinterest expressed to be limited to him ; and be, and the persons deriving title under him, shall have, use, and enjoy the same accordingly.
(2.) This section applies only to conveyances made after the commencement of this Act.
<53. Provision for all the estate, $e.] (1.) Every conveyance shall, by virtue of this Act, be effectual to pa's all the estate, right, title, interest, claim, and demand which the conveying parties respectively have, in, to, or on the property conveyed, or expressed or intended so to be, or which they respectively have power to convey in, to, or on the same.
(2.) This section applies only if and as far as a contrary intention is not expressed in the conveyance, and shall have effect subject to the terms of the conveyance and to the provisions therein contained.
(3.) This section applies only to conveyances made after the commencement of this Act.
64. Conilrnction of implied covenants.] In the construction of a covenant or proviso, or other provision, implied in a deed by virtue of tbis Act, words importing the singular or plnral number, or tbe masculine gender, shall be read as also importing the plural or singular number, or as extending to females as tbe case may require.
65. Enlargement of residue of long term into fee simple.] (1.) Where a residue unexpired of not less than two hundred years of a term, which, as originally created, wag for not lets than three hundred years, is subsisting in land, whether being the whole land originally comprised in the term, or part only thereof, without any trust or right of redemption affecting the term in favour of the freeholder, or other person entitled in reversion expectant on tbe term, and without any rent, or with merely a peppercorn rent or other rent having no money value, incident to the reversion, or having bad a Tent, not being merely a peppercorn rent or other rent having no money vnlue, originally so incident, which subsequently has been released, or has become barred by lapse of time, or has in any other way ceased to be payable, then the term may be enlargfd into a fee simple in the manner, and subject to the restrictions, in this section provided.
(2.) Each of the following persons (namely): (i.) Any person bentfically entitled in right of the term, whether subject to any incumbrance or not, to possession of any land comprised in the term ; but, in case of a married woman, with the concurrence of her husband, unless she is entitled for her separate use, whether with restraint on anticipation or not, and then without his conenrrence; ^ii.) Any person being in receipt of income as trustee, in right of the term, or having the term vented in him in trust for sale, whether subject to any incumbrance or not;
(iii.) Any person in whom, as personal representative of any deceased person, the term is vested, whether sub- | ject to any incumbrance or not; . shall, as lar ns regards the land to which he is entitled, or in which he is interested, in right of the term, in any such character as aforesaid, have power by deed to declare to tbe effect that, from and after the execution of the deed, tbe term shall be enlarged into a fee simple.
(3.) Thereupon, by virtue of the deed and of this Act, the term shall become and be enlarged accordingly, and tbe person in whom the term was previously vested shall acquire and have in the land a fee simple instead of the term.
(4.) The estate in fee simple so acquired by enlargement ehall be subject to all the same trusts, powers, executory limitations over, rights, and equities, and to all the same covenants and provisions relating to user and enjoyment, and to all the same obligations of every kind, as the term would have been subject to if it had not been so enlarged.
(5.) But where any land so held for the residue of a term has been settled in trust by reference to other land, being freehold land, so as to go along with that other land as fur as the law permits, and, at the time of enlargement, the ultimate beneficial interest ia the term, whether subject to any subsisting particular estate or not, has not become absolutely and indefeasibly vested in any person, then the estate in fee simple acquired as aforesaid shall, without prejudice to any conveyance for value previously made by a person
having a contingent or defeasible interestin the term, be liable to be, and shall be, conveyed and settled in like manner as the other land, being freehold land, aforesaid, and until so conveyed and settled shall devolve beneficially as if it had been so conveyed and settled.
(6.) The eBtate in fee simple so acquired ehall, whether the term was originally created withont impeachment of waste or not, include the fee simple in all mines and minerals which at the time of enlargement have not been severed in right, or in fact, or have not been severed or reserved by an inolosure Aot or award.
(7.) This section applies to every suoh term as aforesaid subsisting at or after the commencement of this Aot.
XIV. —Adoption or Act.
66. Protection of solicitor and trustees adopting Act ] (1.) It is hereby declared tbat the powers given by this Aot to any person, and the covenants, provisions, stipulations, and words which under this Aot are to be deemed included or implied in any instrnment, or are by this Act made applicable to any contract for sale or other transaction, are and ehall be deemed in law proper powers, covenants, provisions, stipulations, and words, to be given by or to be contained in any suoh instrument, or to be adopted in connexion with, or applied to, any suoh contraot or transaction; and a solicitor shall not be deemed guilty of neglect or breach of duty, or become in any way liable, by reason of bis omitting, in good faitb, in any suoh instrument, or in connexion with any suoh contract or transaotioD, to negative the giving, inclusion, implication, or application of any of those powers, covenants, provisions, stipulations, or words, or to insert or apply any others in plaoe thereof, in any case where the provisions of this Act would allow of his doing so.
(2.) But nothing in this Act shall be taken to imply that the insertion in any such instrument, or the adoption in connexion with, or the application to, any contract or transaction, of any farther or other powers, covenants, provisions, stipulations, or words is improper.
(3.) Where the solicitor is acting for trustees, executors, or other persons in a fiduciary position, those persons shall also be proteoted in like manner.
(4.) Where snch persons are aoting without a solioitor, they shall also be protected in like manner.
67. Regulations respecting notice."] (1.) Any notioe required or authorised by this Act to be served shall be in writing.
(2.) Any notice required or authorised by this Aot to be served on a lessee or mortgagor shall be sufficient, although only addressed to the lessee or mortgagor by that designation, without his name, or generally to the persons interested, without any name, and notwithstanding1 that any person to be affected by the notice is absent, under disability, unborn, or unascertained.
(3.) Any notice required or authorised by this Act to be served shall be sufficiently served if it is left at tho lastknown place of abode or business in the United Kingdom of the lessee, lessor, mortgagee, mortgagor, or other parson to be served, or, in case of a notice required or authorised to be served on a lessee or mortgagor, is affixed or left for him on the land or any house or building comprised in the lease or mortgage, or, in cise of a miuing lease, is left for the lessee at the offije or counting-house of the mine.
(4.) Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgigor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned through the post-office undelivered ; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.
(5.) This section does not apply to notices served in proceedings in the Court.
68. Short title of 5 & 6 Will. 4, c. 62.] Tne Aot described in Part II. of the First Schedule tu this Act shall, by virtue of tbis Act, have the short title of the Statutory Declarations Act, 1835, and may be cited by that short title iu any declaration made for any purpose undor or by virtue of that Act, or in any other document, or in any Act of Parliament.
XVI.—Court; Procedure; Orders.
69. Regulation* respecting payments into court and applications— 39 ft 40 Vict. c. 59, s. 17.] (1.) All matters within the jurisdiction of the Court under this Act shall, subject to the Acts regulating the Court, be assigned to the Chancery Division of the Court.
(2.) Payment of money into Court shall effectually exonerate therelrom the person making the payment.
(3.) Every application to the Court shall, except where it is otherwise expressed, be by summons at Chambers.
(4.) On an application by a purchaser notice shall be served in the first instance on the vendor.
(5.) On an application by a vendor notice shall be served in the first instance on the purchaser.
(6.) On any application notice shall be served on such persons, if any, as the Court thinks fit.
(7.) The Court shall have full power and discretion to make such order as it thinks fit respecting the cosis, charges, or expenses of all or any of the parties to any application.
(8.) General Rules for purposes of this Act shall be deemed Rules of Court within section seventeen of the Appellate Jurisdiction Aot, 1876, and may be made accordingly.
(9.) The powers of the Conrt may, as regards land in the County Palatine of Lancaster, be exercised also by the Court of Chancery of the County Palatine; and Rules for regulating proceedings in that Conrt shall be from time to time made by the Chancellor of the Duchy of Lancaster, with the advice and consent of a Judge of the High Court acting in the Chancery Division, and of the Vice-Chancellor of the County Palatine.
(10.) General Rules, and Rules of the Court of Chancery of the County Palatine, under this Aot may be made at any time after the passing of this Act, to take effect on or after the commencement of this Act.
70. Orders of Court conclusive—10 & 11 Vict. e. 18, 40] (1.) An order of the Court under any statutory or other jurisdiction Bhall not, as against a purchaser, be invalidated on the ground of want of jurisdiction, or of want of any concurrence, consent, notice, or service, whether the purchaser lias notice of any snob want or not.
(2.) This section shall have effect with respect to any lease, sale, or other Act under the authority of the Court, and purporting to be in pursuance of the Settled Estates Act, 1877, notwithstanding the exception in section forty of that Act, or to be in pursuance of any former Act repealed by that Act, notwithstanding Any exception in such former Act.
(3.) This section applies to all orders made before or after the commencement of this Act, except any order which has before the commencement of this Act been set aside or determined to be invalid on any ground, and except any order as regards which an action or proceeding is at the commencement of this Act pending for having it set aside or determined to be invalid.
71. Iiepeal of enactment in Part III. of Second Schedule; restriction on all repeals.] (1.) The enactments described in Part III. of the Second Schedule to this Act are hereby repealed.
(2.) The repeal by this Act of any enactment shall not affect the validity or invalidity, or any operation, effect, or consequence of any instrument executed or made, or of anything done or suffered, before the commencement of this Act, or any action, proceeding, or thing then pending or uncompleted ; and every such action, proceeding, and thing may be carried on and completed as if there had been no such repeal in this Act; but this proviaion shall not be construed as qualifying the provision of this A"t relating to section forty of the Settled Estates Act, 1S77, or any former Act epealed by that Act.
72. Modifications respecting Ireland—id <£■ 41 Vict. c. 57, s. 69.] (I.) In the application of this Act to Ireland the foregoiog provisions shall be modified as in this section provided.
(2.) The Court shall be Her Majesty's High Conrt of Justice in Ireland.
(3.) All matters within the jurisdiction of that Court
shall, subject to the Acts regulating that Conrt, be assi gned to the Chancery Division of that Court; but G-utral Role* under this Act may direct that any of those matters be assigned to the Land Judges of that Division.
(4.) The proper office of the Supreme Court of Judicature in Ireland shall be substituted for the central office of the Supreme Court of Judicature.
(5.) General Rules for purposes of this Act for IreUod shall be deemed Rules of Conrt within the Supreme Court of Judioature 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.
73. Berth of bare trustee intestable.—37 & 38 Vict. C.78.J (1.) Section 5 of the Vendor aud Purchnser Act, 1874, is hereby repealed from and after the commencement of this Act, as regards cases of death thereafter happening, and section 7 of the Vendor and Purchaser Act, 1874, is hereby repealed as from the date at which it operaticn.
(2.) This section extends to Ireland only.
1 & 2 Vict. c. 110.—An Act for abolishing arrest on me process in civil actions, except in certain cases; for extending the remedies of creditors against the property of debtors; and for amending the laws for the relief of insolvent debtors in England.
2 ft 3 Vict. c. 11.—An Aot for the b<
18 ft 19 Vict. o. 15.—An Act for the better protection of purchasers against judgments, crown debts, cases of Us pendens, and life annuities or rentcharges.
22 & 23 Vict. c. 35.—An Act to farther amend the law of property and to relieve trustees.
23 & 24 Vict. c. 38.—An Act to further amend the law of property.
23 ft 24 Viot. c. 115.—An Act to simplify and amend the practice as to the entry of satisfaction on Crown debts and on judgments.
27 & 28 Vict. c. 112.—An Act to amend the law relating to future judgments, statutes, and recognisances.
28 ft 29 Vict. o. 104.—The Crown Suits, ftc. Act, 1865. 31 ft 32 Vict. c. 54.—The Judgments Bj
5 ft 6 Will. 4, c. 62—An Act to repeal an Act of the pawsent session of Parliament, intituled "An Aot for the more effectual abolition of oaths and affirmations taken and made in various Departments of the State, and to substitute declarations in lien thereof; and for the more entire suppression of voluntary and extra-judicial oaths and affidavits ;" and to make other provisions for the abolition of unnecessary oaths.
THE SECOND 8CHEDULE.
A description or citation of a portion of an Act is inclusive? of the words, section, or other part, first or last mentione-l. or otherwise referred to as forming the beginning, or sm forming the end, of the portion comprised in the description
22 & 23 Vict. An Act to further amend the' c. 35. law of property and to rein part. lieve trustees.
Sections lour to nine.
23 & 24 Vict. The Common Law Piocednre 1 in part;
c. 126. Act, 1860 . . . . j namely, —
in part. Section two.