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applicable to the work or place entered, or which seem necessary or proper for the execution of his duties under
An inspector may, but so as not to interrupt the process of the manufacture, apply any tests and make any experiments he may think proper for the purpose of the execution of his duties under this Act.
17. Facilities for inspection.] The owner of any work which this Act applies shall, on the demand of the chief inspector, furnish him within a reasonable time with a plan, to be kept secret, of those parts of such work in which any process causing the evolution of any noxious or offensive gas, or any process for the condensation of such gas or preventing the discharge thereof into the atmosphere, or for rendering any such gas harmless or inoffensive when discharged, is carried on.
The owner of every such work and his agents shall render to every iuspector all necessary facilities for an entry inspection examination and testing in pursuance of this Act.
Every owner of a work in which such facilities are not afforded to an inspector as are required by this Act, or in which an inspector is obstructed in the execution of his duty under this Act, and every person wilfully obstructing an inspector in the execution of his duty under this Act, shall be deemed guilty of an offence against this Act, and shall be liable to a fine not exceeding ten pounds.
18. Annual report to Local Government Board.] The chief inspector shall on or before the first day of March in every year make a report in writing to the Local Government Board of the proc+edings of himself and of the other inspectors under this Act, who shall furnish bim with a detailed account of the puniber of inspections of works in their districts, and the recorded escapes of acid gases from such works during the preceding year, and a cops of such report shall be laid before both Houses of Parliament.
19. Additional inspector on application of sanitary authoridies.) If any sanitary authority or authorities apply to the central authority for an additional inspector under this Act, and undertake to pay a proportion of his salary or remunera. tion, not being less than one half, out of any rate or rates leyiable by such authority or authorities (which undertaking such authority or authorities are hereby authorised to give and to carry into effect), the Local Government Board may (if tbey see fit) from time to time, with the sanction of the Commissioners of Her Mjesty's Treasury, appoint an addi. tional inspector under this Act, to reside within a convenient distance of the works he is required to inspect ; and such inspector shall have the same powers and be subject to the same power of removal and the same regulations and liabilities as other inspectors under this Act.
The proportion of salary or remuneration aforesaid shall be paid at the prescribed time or times into Her Majesty's Exchequer, and in the case of failure on the part of any sanitary aor bority to pay any sum payable by them in pur. suance of this section, the same may be recovered by action in any court of competent jurisdiction.
heit's thermometer, and at a barometric pressure of thirty inches.
22. Recovery of fines for offences against Act in county court.] The following regulations are hereby enacted with respect to the recovery of fines for offences other than offences against a special rule. Every such fine sball be recovered by action in the county
court having jurisdiction in the district in which the of.
fence is alleged to have been committed. The action shall be brought, with the sanction of the
central authority, by the chief inspector, or by such other inspector as the Local Government Board may in any particular case direct, within three months after the commission of the offence, and for the purposes of such action the fine shall be deemed to be a debt due to such
inspector : The plaintiff in any action for a fine under this Act shall be presumed to be an inspector authorised under this Act to bring the action, until the contrary is proved by
the defendant: The court may, on the application of either party, appoint
a person to take down in writing the evidence of the witnesses, and may award to that person such remuneration as the court thinks just; and the amount so awarded
shall be deemed to be costs in the action: If either party in any action under this Act feels aggrieved
by the decision of the court in point of law, or on the merits or in respect of the admission or rejection of any evidence, he may appeal from that decision to the High
Court of Justice: The appeal shall be in the form of a special case to be agreed on by both parties or their solicitors, and if they cannot agree, to be setiled by the jadge of the county court on the application of the parties or their
solicitors: The court of appeal may draw any inference from the facts
stated in the case that a jury might draw from facts
stated by witnesses : Subjeot to the provisions of this section, all the enactments, rules, and orders relating to proceedings in actions in county courts, and to enforoing judgments in county courts, and appeals from decisions of the county court judges, and to the conditions of such appeals, and to the power of the High Court of Justice, or any division or judge thereof, on such appeals, shall apply to an action for a fine under this Act, and to an appeal from such action, in the same manner as if such action and appeal related to a matter within the ordinary jurisdic
tion of the court. Within the city of London and the liberties thereof the
sheriffs' court, established by & Local Act passed in the
the county in which the offence is committed shall be
to law : In Ireland such fines as are in this sectioa meationed may
be recovered by civil bill, in the manner and with the appeal directed by an Act passed in the fourteenth and fifteenth years of Her present Majesty, chapter fiftyseven, or any Act or Acts amending the law relating to civil bills.
(ii.) Special Rules. 20. Power of oroners of works to make special rules.] The owner of an alkali work or a scheduled work may, with the sanction of the central authority, make, and when made, alter add to and repeal special rules for the goidance of his workmen who are employed in any process causing the evolu. tion of any noxious or offensive gas, or whose duty it is to attend to the apparatas used in the condensation of that gas, or for preventing the discharge thereof into the atmosphere, or for rendering any such gas barmless and inoffensive wbeo discharged, and may aonex fines to any violation of such rules, so that the fine for any offenee do not exceed two pounds.
A printed copy of the special rules in force under this section in any work shall be given by the owner of that work to every person working or employed in or about that work who is affected thereby.
Any fine incurred under this Act in respect of an offence against a special rule may be recovered summarily.
(iv.) Procedure. 21. Provision as to calculation of acid.] In calculating the proportion of acid to a cubic foot of air, smoke, or gases, for the purposes of this Act, such air, smoke, or gases shall be calculated at the temperature of sixty degrees of Fahren.
23. Further provisions as to recovery of fines in county court.] In any proceeding under this Aot in relation to a fine for an offence other than an offence against a special rule(a.) It sball be sufficient to allege that any work is a work
to which this Act applies, without more ; and (6.) It shall be sufficient to state the name of the registered
or ostensible owner of the work, or the title of the firm by whicb the employer of persons in such work is
usoally known. A person shall not be subject to a fine under this Act for
more than one offence in respect of the same work or place in The sanitary authority complaining shall, if so required respect of any one day.
by the central authority, pay the expense of any such inquiry, Not less than twenty-one days before the hearing of any and may pay the same out of the fund or rate applicable to proceeding against an owner to recover a fine under this Act the general expenses of such authority. for failing to separe the condensation of any gas to the satis The expression “sanitary authority” in this section faction of the chief inspector, or for failing to use the best includes as regards the Metropolis, except the City of London, practicable meads as required by this Act, an inspector shall any vestry or district board elected under the Metropolis serve on the owner proceeded against a notice in writing Management Act, 1855, also any local board of health, not stating, as the case requires, either the facts on which such being an urban sanitary authority within the meaning of the chief inspector founds his opinion, or the means which such Public Health Act, 1875, and as regards the City of London owner has failed to use, and the means whicb, in the chief shall mean the Commissioners of Sewers of the said city. inspector's opinion, would suffice, and shall produce a copy
28. Actions in case of contributory nuisance.] Where a of such notice before the court having cognisance of the
nuisance arising from any noxious or offensive gas or gases is matter. A person shall not be liable under this Act to an increased
wholly or partially caused by the acts or defaults of several
persons, any person injured by such nuisance may proceed fine in respect of a second offence, or in respect of a tbird or
against any one or more of such persons, and may recover any sobsequent offence, unless a fine has been recovered
damages from each person made a defendant in proportion within the preceding twelve months against such person for
to the extent of the contribution of such defendant to the the first offence, or for the second or other offence, as the
puisance, notwithstanding that the act or default of such case may be.
defendant would not separately have caused a nuisance. This 24. Application of fines.] All fines recovered under this section shall not apply to any defendant who can produce a Act, except in respect of offences against a special rule, shall certificate from the chief inspector that is the works of such be paid into the receipt of Her Majesty's Exchequer.
defendant the requirements of this Act have been complied
with and were complied with when the puisance arose. 25. Discharge of owner on conviction of actual offender.] Tbe owner of a work in which an offence under this Act other
(v.) Definitions ; Repeal; Saring. than an offence against a special rule has been proved to have 29. Interpretation of terms-34 & 35 Vict. e. 70-38 & 39 been committed shall in every case be deemed to bave com. Vict. c. 55–30 & 31 Vict. c. 101-41 & 42 Vict. c. 52.) In mitted the offence, and shall be liable to pay the fine, unless this Act, unless the context otherwise requires_ he proves to the satisfaction of the court before which any “Alkali work” means every work for the manufacture proceeding is instituted to recover such fine, that he bas used of alkali, sulpbate of soda, or sulphate of potash, in due diligence to comply with and to enforce the execution which muriatic acid gas is evolved, and for the purpose of this Act, and that the offence in question was committed of this definition the formation of any sulpbate in the by some agent servant or workman, whom he shall charge by treatment of copper ores by common salt or other pame as the actual offender, without his knowledge consent chlorides shall be deemed to be a manufacture of sulphate or connivance ; in which case such agent servant or workman of soda. shall be liable to pay the fine, aná proceedings may be taken “Noxious or offensive gas" does not include sulphurous against him for the recovery thereof and of the costs of all acid arising from the combustion of coal. proceedings which may be taken either against himself or “Owner" means the lessee, occupier, or any other person against the owner under this Act :
carrying on any work to which this Act applies, Provided that it shall be lawful for the inspector to pro “ Prescribed " means prescribed from time to time by the ceed in the first instance against the person whom he believes Local Government Board, and “the Local Government to be the actual offender, without first proceeding against the Board” means the Local Government Board establisbed owner, in any case in which it is made to appear to the by the Local Goveroment Board Act, 1871. satisfaction of such inspector that the owner has used all due “ Central authority" means as regards England the said diligence to comply with and to enforce the execution of Local Government Board, as regards Ireland the Local this Act, and that the offence has been committed by the Government Board for Ireland, and as regards Scotland person whom he may charge therewith without the know one of Her Majesty's Principal Secretaries of State. ledge consent or connivance of the owner, and in contraven “Sanitary authority” means any local authority entrusted tion of bis orders.
with the execution of the Public Health Act.
“The Public Health Act" means, as regards England, 26. Service of notices.] Any notice summons or other docu
the Public Health Act, 1875; and as regards Scotland, ment under this Act, may be in writing or print, or partly
the Public Health (Scotland) Act, 1867; and as regards in writing and partly in pript.
Ireland, the Public Health (Ireland) Act, 1878. Any notice summons or document required or authorised
“Person" includes a corporation. for the purposes of this Act to be delivered to or served on or sent to the owner of any work, may be served by deliver
30. Repeal of 26 & 27 Vict. c. 124, 31 & 32 Vict. 6. 36, ing the same to the owner, or at his residence or works : it and 37 & 38 Vict. c. 43.] The following Acts, that is to saymay also be served or sont by post by a prepaid letter, and if
The Alkali Act 1863, (26 & 27 Vict. c. 124), served or sent by post shall be deemed to have been served The Act to make perpetual the Alkali Act 1863, (31 & 32 and received respectively at the time when the letter con
11 Vict. c. 36), and taining the same would be delivered in the ordinary course The Alkali Act 1874, (37 & 38 Vict. c. 43), of post; and in proving such service or sending it shall be are bereby repealed without prejudice to anything done or sufficient to prove that it was properly addressed and put suffered before the commencement of this Act, or to the into the post'; and the same shall be deemed to be properly
recovery of any penalty incurred before or proceeding pend. addressed if addressed to the registered address of an owner, ing at the commencement of this Act ; and any such penalty or, when required to be served on or sent to the owner of or proceeding may be recovered or continued as if this Act any works if addressed to the owner of the works at the had not been passed. works, with the addition of the proper postal address, 31. Saving as to general law.] Notbing in this Act shall but without naming the person who is the owner.
legalise any act or default that would, but for this Act, be 27. Complaint by sanitary authority in cases of nuisance
deemed to be a puisance, or otherwise be contrary to law, or 18 & 19 Vict. c. 120–38 & 39 Vict. c. 55.) Where it appears
deprive any person of any remedy by action indictment or to any sanitary authority, on the written representation of
otherwise, to which he would have been entitled if this Act any of their officers, or of any ten inbabitants of their dis
had not passed. trict, that any work (either within or without the district) to
SCHEDULE. which this Act applies is carried on in contravention of this
List of Works. Act, or that any alkali waste is deposited (either within or (1.) Sulpburic acid works, that is to say, any works ia without the district) in contravention of this Act, and that a which the manufacture of sulpburic acid is carried on nuisance is occasioned by such contravention to any of the (not being alkali works within the meaning of the inhabitants of their district, such authority may complain to foregoing Act, and not being works io whicb the manathe central authori:y, wbo shall make such inquiry into the facture of sulphoric acid is carried on in conjunction matiers complained of, and after the inquiry may direct such with the extraction of copper or other metala froun proceedings to be taken by an inspector an they think just. ore);
(2.) Chemical manure works, that is to say, any works in original mortgagee; and mortgagee in possession is, for which the manufacture of chemical madure is carried the parposes of this Act, a mortgageo wbo, in right of the OD:
mortgage, has entered into and is in possession of the (3.) Gas liquor works, that is to say, any works in which mortgaged property : gas liquor is used in any manufacturing process;
(vii.) Ipoumbrance includes a mortgage in fee, or for a (4.) Nitric acid works, that is to say, any works in which legs estate, and a trust for securing money, and a lion, and the manufacture of nitric acid is carried on ;
a charge of a portion, annuity, or other capital or annual (5.) Sulphate of ammonia works and muriate of ammonia som; and incombranoer has a meaning corresponding
works, that is to say, any works in which the manufac. | with that of ipoumbrance, and includes every person ture of sulphate of ammonia or of muriate of ammonia entitled to the benefit of an incumbrance, or to require is carried on; and
payment or discharge thereof : (6.) Chloride works or works in which chlorine, bleaching (viii.) Parcbaser, unless a contrary intention appears, powder, or bleaching liquor is made.
inoludes a leggee or mortgagee, and an intending porobager,
lessee, or mortgagee, or other person, who, for valuable CAP. XXXVIII.
consideration, takes or deals for any property; and par. An Act to grant Money for the purpose of Loans by the chase, unlegs a contrary intention appears, bas a meaning Public Works Loan Commissioners and the Commis.
corresponding with that of purchaser ; but sale means sioners of Public Works in Ireland ; and for other
only a sale properly so called :
(ix.) Rent inclades yearly or other ront, toll, doty, purposes relating to Loans by those Commissioners.
royalty, or other reservation, by the aore, the ton, or [22nd August 1881.
otherwise ; and fine includes premium or fore-gift, and
any payment, consideration, or benefit in the nature of a CAP. XXXIX.
fine, premium, or fore•gift : An Act to provide for uniform Terms of entry to and (x.) Building purposes include the erecting and the removal from Houses within Burghs in Scotland. improving of, and the adding to, and the repairing of
[22nd August 1881. buildings; and a building lease is & lease for building
purposes or purposes connected tberewith: CAP. XL.
(xi.) A mining lease is a lease for mining purposes, that
is, the searcoing for, wipping, working, getting, making An Act to make farther provision in regard to the Regis- merchantable, carrying away, or disposing of mines and
tration of Parliamentary Voters, and also in regard to minerals, or purposes connected therewith, and inoludes a the taking of the Poll by means of Voting Papers, in grant or licence for mining purposes : the Universities of Scotland. [22nd August 1881. (xii.) Will includes codicis :
(xiii.) Iostrument includes deed, will, inclosure award, and CAP. XLI.
Act of Parliament :
(xiv.) Securities include stocks, funds, and shares : An Act for simplifying and improving the practice of (xv.) Bankruptcy includes liquidation by arrangement,
Conveyancing; and for vesting in Trustees, Mort. and any other act or proceeding in law having, under any gagees, and others various powers, commonly conferred Act for the time being in force, effects or results similar to by provisions inserted in Settlements, Mortgages, those of bankruptoy; and bankrupt has a meaning corres. Wills, and other Instruments ; and for amending in ponding with that of bankruptcy: various particulars the Law of Property; and for
(xvi.) Writing includes print; and words referring to other purposes.
[22nd August 1881.
any instrumeut, copy, extract, abstract, or other document
include any such instrument, copy, extract, abstract, or other Be it enacted, &c. :
document being in writing or in print, or partly in writing
and partly in print: . I.-PRELIMINARY.
(xvii.) Person includes a corporation : 1. Short title ; commencement ; extent.] (1.) This Act may (xviii.) Her Majesty's High Court of Justice is referred to bo cited as the Conveyancing and Law of Property Act, as the Court. 1881. (2.) This Act shall commence and take effect from and
II.-SALES AND OTHER TRANSACTIONS. immediately after the thirty-first day of December one
Contracts for Sale. tboueanG eigbt bopdred and eighty-one. (3.) This Aot does not extend to Scotland.
3. Application of stated conditions of sale to all purchases.) 2. Interpretation of property, land, &c.] In this Aot
(1.) Under a contract to sell and assign a term of years
derived out of a leasehold interest in land, the intended (i.) Property, unless a contrary intention appears, in.
assign shall not have the right to call for the title to the lease. cludes real and personal property, and any estate or
hold reversion. interest in any property, real or personal, and any debt,
(2.) Where land of copyhold or customary tenure has been and any thing in action, and any other right or interest :
converted into freehold by enfranchisement, then, under a (ii.) Land, unless a contrary intention appears, includes
contract to sell and convey the freehold, the purchaser shall land of any tenure, and tenements and hereditaments,
not have the right to call for the title to make the entrancorporeal or iDoorporeal, and houses and other buildings,
chisement. also an undivided sbare in land :
(3.) A purchaser of any property shall not require the (iii.) In relation to land, income includes rents and
production, or any abstract or copy, of any deed, will, or profits, and possession includes receipt of income:
other document, dated or made before the time prescribed by (iv.) Manor includes lordship, and reputed manor or law, or stipulated, for commencement of the title, even lordship:
though the same creates a power subsequently exercised by (v.) Conveyance, unless a contrary intention appears,
an instrument abstracted in the abstract furnisbed to the includes assignment, appointment, lease, settlement, and
purchaser ; nor shall be require any information, or make any other Assurance, and covenant to surrender, made by deed,
requisition, objection, or inqairy, with respect to any such on a sale, mortgage, demise, or settlement of any property, deed, will, or document, or the title prior to that time, notor on any other dealing with or for any property ; and withstanding that any such deed, will, or other document, or convey, unless a contrary intention appears, has a meaning that prior title, is recited, covenanted to be produced, or corresponding with that of conveyance :
noticed ; and he shall assume, unless the contrary appears, (vi.) Mortgage includes any charge on any property for that the recitals, contained in the abstracted instruments, of securing money or money's worth ; and mortgage money any deed, will, or other document, forming part of that prior means money, or money's worth, secured by a mortgage ; title, are correct, and give all the material contents of the and mortgagor jooludes any person from time to time deed, will, or other document so recited, and that every docu. deriving title under the original mortgagor, or entitled ment so recited was duly executed by all necessary parties, to redeem a mortgage, according to his estate, interest, or and perfected, if and as required, by fine, recovery, acknowright, in the mortgaged property ; and mortgagee includes ledgment, inrolment, or otherwise. any person from time to time deriving title ander the (4.) Where land sold is held by lease (not including under
lease), the purchaser shall assame, unless the contrary Government securities, tbe Court considers will be set. appears, that the lease was duly graoted ; and, on production cient, by means of the dividends thereof, to keep down or of the receipt for the last payment due for rent under the | otherwise provide for that obarge, and in any other osee lease before the date of actual completion of the purchase, of capital money oharged on the land, of the amoont he shall assume, unless the contrary appears, that all the sofficient to meet the incombranoe and any interest doe covenants and provisions of the lease have been duly per. thereon ; but in either case there shall also be paid into formed and observed up to the date of actual completion of Court suoh additional amount as the Court considers vill
be sufficient to meet the contingency of further coste, (5.) Wbere land gold is held by under-lease, the purchaser expenses, and interest, and any other contingency, except shall assume, unless the contrary appears, that the under depreciation of investments, not exceeding one-tenth pert lease and every superior lease were duly granted ; and, on of the original amount to be paid in, unless the Court for production of the receipt for the last payment due for rent
special reason thinks fit to require a larger additional under the under-lease before the date of actnal completion
amount. of the purchase, he shall assume, unless the contrary appears,
(2.) Thereupon, the Court may, if it thinks fit, and that all the covenants and provisions of the under-lease have
either after or without any notion to the incombranoer, ss been duly performed and observed up to the date of actual
the Court thinks fit, deolare the land to be freed from the completion of the purchase, and further that all rent due
incombranoe, and make any order for conveyance, or under every superior lease, and all the covenants and pro
vesting order, proper for giving effect to the sale, and give visions of every soperior lease, have been paid and duly per
directions for the retention and investment of the money formed and observed up to that date.
in Court. (6.) On a sale of any property, the expenses of the pro.
(3.) After notice served on the persons interested in a duction and inspection of all Acts of Parliament, inclosure
entitled to the money or food in Court, the Coort may swards, records, proceedings of courts, court rolls, deeds, wills, probates, letters of administration, and other docu
direot payment or transfer thereof to the persons entitled
to receive or give a disobarge for the same, and gecerally ments, not in the vendor's possession, and the expenses of all
may give directions respecting the applioation or distribejourneys incidental to such production or inspection, and the expenses of searching for, procoring, making, verifying, and
tion of the oapital or income thereof.
(4.) This section applies to eales not completed at the producing all certificates, declarations, evidences, and infor. mation not in the vendor's possession, and all attested,
commencement of this Aot, and to sales thereafter made. stamped, office, or other copies or abstracts of, or extracts from, any Acts of Parliament or other documents aforesaid,
General Words. not in the vendor's possession, if any such production, in 6. General words in conveyances of land, buildings, or spection, journey, search, procuring, making, or verifying is manor.] (1.) A conveyance of land shall be deemed to required by a purcbaser, either for verification of the abstract include and sball by virtue of this Act operate to convey, or for any other purpose, shall be borne by the purchaser with the land, all buildings, erections, fixtures, commons, who requires the same; and where the vendor retains posess. hedges, ditobes, fenoes, ways, waters, watercourses, sion of any document, the expenses of making any copy liberties, privileges, Basements, rights, and advantages thereof, attested or unattested, which a purchaser requires to
whatsoever, appertaining or reputed to appertaid to the be delivered to him, shall be borne by that purchaser.
land, or any part thereof, or at the time of oop regance (7.) On a sale of any property in lots, a purchaser of two
demised, occupied, or enjoyed with, or reputed or kooka or more lots, held wholly or partly under the same title,
as part or paroel of or appartenant to the land or say shall not have a right to more than one abstract of the common
part thereof. title, except at his own expense.
(2.) A conveyance of land, having houses or other (8.) This section applies only to titles and purchasers on
buildings thereon, shall be deemed to include and sball by sales properly so called, notwitbstanding any interpreta.
virtue of this Act operate to convey, with the land, houses, tion in this Act.
or other buildings, all onthouses, erections, fixtcres, (9.) This section applies only if and as far as a contrary
cellars, areas, courts, courtyards, cisterne, sewers, gutters, intention is not expressed in the contract of sale, and
drains, ways, passages, lights, watercourses, liberties, prishall bave effeot subject to the terms of the contraot and
vileges, easements, rigbts, and advantages whatsoever, to the provisions therein contained.
appertaining or reputed to appertain to the land, boases, (10.) This section applies only to sales made after the
or other buildings conveyed, or any of tbem, or any part commencement of this Act.
thereof, or at the time of conveyance demised, oocopied, (11.) Notbing in this section shall be construed as
or enjoyed witb, or reputed or known as part or parcel of binding a parobaser to complete his parohase in any case
or appartenant to the land, houses, or other buildings 000where, on a contract made independently of this section,
veyed, or any of tbem, or any part tbereof. and containing stipulations similar to the provisions of this
(3.) A conveyance of a manor sball be deemed to gestion, or any of them, specific performance of the contract
include and shall by virtue of this Act operate to convey, would not be enforoed against him by the Court.
with the manor, all pastures, foedings, wastes, warrens, 4. Completion of contract after death.] (1.) Where at the commong, mines, minerals, quarries, furzes, trees, woods, death of any person there is subsisting a contraot enforce
underwoods, coppices, and the ground and soil thereof, able against his heir or devisee, for the sale of the fee
fisbings, fisheries, fowlings, courts leet, coarta baron, and simple or other freehold interest, descendible to his heirs
other courts, view of frankpledge and all thut to view of general, in any land, his personal representatives shall,
frankpledge doth belong, mills, molotures, customs, tolls, by virtue of this Act, have power to convey the land for
duties, reliefs, heriots, fines, sous of money, amereisall the estate and interest vested in him at his death, in
ments, waiss, estrays, chief-rents, quit-rents, rentscharge, any manner proper for giving effoot to the contract. rents seck, rents of assize, fee farm rents, services, royal.
(2.) A conveyance made under this section shall not ties, jurisdictions, franchises, liberties, privileges, esceaffect the beneficial rights of any person claiming under ments, profits, advantages, rights, emoluments, and hereany testamentary disposition or as heir or next of kin of a ditaments whatsoever to the manor appertaining or testator or intestate.
reputed to appertain, or at the time of conveyance (3.) This section applies only in cases of death after the
domised, occupied, or enjoyed with the same, or repated commencement of this Act.
or known as part, parool, or member thereof.
(4.) This section applies only if and as far as a contrary Discharge of Incumbrances on Sale.
intention is not expressed in the conveyance, and sball have
effect subjeot to the terms of the conveyance and to the pro5. Provision by Court for incumbrances, and sale freed visions tberein contained. therefrom.] (1 ) Where land, subject to any incumbrance, (5.) This section shall not be construed as giving to any whe ber immediately payable or not, is sold by the Court, person a better title to any property, right, or thing in this or out of Conrt, the Court may, if it thinks fit, on the section mentioned than the title wbich the conveyance gives application of any party to the sale, direct or allow pay. to him to the land or manor expressed to be conveyed, or as ment into Court, in case of an annual som charged on the conveying to him any property, right, or thing in this section land, or of a capital som charged on a determinable mentioned, further or otherwise than as the same coald have interest in the land, of such amount as, when invested in been conveyed to him by the conveying parties.
Oct. 1, 1881. ]
(6.) This section applies only to conveyances made after the commencement of this Act.
Covenants for Title. 7. Covenants for title to be implied.] (1.) In a conveyance there shall, in tbe several cases in this section men. tioned, be deemed to be included, and there sball in those several cases, by virtue of this Act be implied, a covenant to the effect in this section stated, by the person or by each person who conveys, as far as regards the subject matter or share of subject-matter expressed to be conveyed by him, with the person, if one, to wbom the conveyance is made, or with the persons jointly, if more than one, to whom the 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 à conveyance for valuable consideration, other
conveys, or any one through whom he derives title,
reasonably required :
(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, unforfeired, 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 sball 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 to convey as beneficial owner (namely):
That the person who so conveys, bas, 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 es pressed, and in the manner in wbich it is expressed to be conveyed; and also that, if default is made in payment of the noney intended to be secured by the conveyance, or any interest thereon, or any part of that money or interest, contrary 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 bim, 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 wbereto the conveyance is expressly made ; and that, freed and discharged from, or otherwise by the person who so conveys sufficiently indemnified against, all estates, incumbrances, claims, and demands whatever, other than those subject whereto the conveyance is expreesly made; and further, that the person who so conveys and every person conveying by bis 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, or of any person deriving title under him, but, as long as any right of redemption exists under the conveyance, at the cost of the person so conveying, or of those de. riving 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 wbich the convoyance 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 property, the following further covenant by a person who conveys and is expressed to convey as beneficial owner (namely): That the lease or grant creating the term or estate for 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 full force, unforfeited, and ansurrendered 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 bim to be paid, observed, and performed, bave been paid, observed, and performed up to the time of conveyance; and also tbut the person so conveying, or the persons deriving title under him, will at all times, as long as any money remains on the security of the