UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY \ > I SELF-PREPARATION FOR THE FINAL EXAMINA- 11 ION ; containing a Complete Course of Study, with Statutes, (."ases, ami Qucstio'ns ; and intended for the use of those articled clerks who read by themselves. Third Edition. By JoH.v Indermal'r, Solicitor, Author of " Manual of Practice," and other Works. 8vo, cloth, 5^. COMPENDniM OP ROMAN LAW FOUNDED ON THE INSriTUTES OF JUSTINIAN'; together with Examination Questions set in the University and Bar Examinations (witli Solutions), and Definitions of I.!eading Terms in the Words of the Principal Authorities. By GOKOON Campbell, of the Inner Temple, M.A. 1 vol. 8vo, cloth, 12s. THE ELEMENTS OF ROMAN LAW SUMMARISED. Primarily (IfsJLjncd for tlic use of Students preparing for Ex.xminaiion at Oxford, Cambridge, and the Inns of Court. By Sey.mour F. Hakius, B.C.E., M. A., of Worcester College, Oxford, and the Inner Temple, Barrister-at-Law. 8vo, cloth, lo.f. '' Mr. Harris's Digest ought to have verj' great success among law students both in the Inns of Court and the Universities. His book gives evidence of praiseworthy accumcy, j .lud laborious condensation. " — Law Journal. \ AN EPITOME AND ANALYSIS OF SAVIGNY'S TRE.VriSE 0.\ OBLIGATIONS IN ROMAN LAW. By AuciiiiiALD Bkow.n, M.A. Edin. and Oxon., and B.C.L. O.xon., of the Middle Temple, Barrister-at-Law. Svo, cloth, -js. 6d. " Mr. Archibald Brown deserves the thanks of .all interested in the science of law, whether as a study or a practice, for his edition of Herr von Savigny's great work on ' Obligations.' " — Law Journal. THE PRINCIPLES OF BANKRUPTCY, with an Appendix contain- ing the G' of 1870, 1871, 1873, and 1878, Scale of Costs, and the Bills of Sale .\ 1 1882. By Richard Ringwooo, B.A., of the Middle Temple, j.-ij., iHnister-at-Law, late Scholar of Trinity College, Dublin. Second Edition 8vo, cloth, loj. LEADING CASES IN CONSTITUTIONAL LAW BRIEFLY Sf'ATl'.U. \\"\\.h Introduction, Excursuses, and Notes. By Eknkst C. TiiOMA.s, Bacon Scholar of the Hon, Society of Gray's Inn, late Scholar of Trinity College, Oxford. 8vo, cloth. Second Edition in preparation. LEADING STATUTES SUMMARISED. For the Use of Students. By I:knkst C. Tiioma.s, late Bacon Scholar of the Hon. Society of Gray's Inn, and .Scholar of Trinity College, Oxford. Author of " Leading Cases in Constitutional Law Briefly Stated." i vol. 8vo, cloth, 9.;. A SUMMARY OF THE LAW AND PRACTICE IN ECCLESIASTICAL LAW. For the use of Students. By T. Eustace Smith, of tlie Inner Temple, Author of "A Sunmiary of ( omr.inv L.-iw." Second Edition, 8vo. Price 7s. cloth. . EPITOME OF HINDU LAW CASES, v un .-n re Nues thereon, and Introductory Chapters on Sources of Law, Marriage, Adoption, Partition, and Succession. By Wii.l.iAM M. P. Cogmlan, Bombay Civil Service, Judge and Sessions Judge of Tanna. 8vo, cloth, 8.f. , EPITOME OF THE LAWS OF PROBATE AND ; DIVORCE. By J. Carter Harrison, Sohcitor, 8vo, cloth, 6/. SUMMARY OF JOINT STOCK COMPANIES' LAW. By ,T. El-.stace Smith, of the Inner Temple, Barristcr-at-Law. Second Edition. 8vo, cloth, 6s. "The book is one from which we have derived a large amount of valuable information, and we can heartily and confcitntiously recommend it to our readers." — Ox/i'rd and Cambridge Undergraduate s Journal. FINAL AND INTEKMEDIATE, EXAMINATIONS. Mr. Indeejiaur continues to read with Students for these Examinations, both in class and separately. The regular classes commence three months preceding each Examina- tion, and the fee for that period is Fifteen Guineas. Any students desiring to commence a month earlier can do so, and the fee is then Twenty Guineas. Special fees for reading privately, according to what is desired. Students can also be prepared through the Post when unable to come to London. Particulars as to dates of classes, &c., are advertised from time to time in the Lan- StudenU'' Jounuil. For any further information and particulars, application should be made to Mr. Indermaue, 22, Chancery Lane, London. THE STUDENT'S flUIDE PEIDEAUX'S CONVEYANCOOt, COMPtllSING NOTES THEREON; t TOGETIIEK WITH A SET OF TEST QUESTIONS EPITOME OF THE VENDORS' AND PURCHASERS' ACT, 1874; THE CONVEYANCING ACTS, 1881 & 1882; THE SETTLED LAND ACT, 1882; AND THE MARRIED WOMEN'S PROPERTY ACT, 1882; JOHN INDERMAUR, SOLICITOK, KilUor of " The Law Students' Journal^' Air/hor of '• Principles of Common Lau;" '' Manual of Practice,'' '' Epitome of LcaJinfi Cases," "/I Concise Treatise on the Laiv of Bills of Sale," ^-c, ^'c. LONDON: GEO. BARBER, "LAW STUDENTS' JOURNAL" OFFICE IC, CURSITOR STREET, CHANCERY LANE, E.C. 1883. LONDON PRINTED BY GEO. BARBER CDnSlTOH STREET, CnAKCERT LANE, E.C. PREFACE. '^ The substance of this small work is, to a great extent, a reproduction of mutter I Lave already published in the L<(w Stuilenta' Journal, with revisions and additions ; the Test • Questions are, however, entirely new. The various Acts of Parliament relating to Conveyancing which have been passed of late years, render the subject of Practical Conveyancing one calling for the student's special attention even more than formerly, and the dissertations in " Pridcaux's Conveyancing " being most valuable to students, my notes on the work and the questions thereon have been written mainly as an en- couragement to more to study them. These notes are interleaved for the student to be able conveniently to add to them. The Epitome of Statutes will be found useful as a short way of running through their provi- sions, and also for reference in reading the Notes. The number of the Latr Students Journal containing my Epitome of the Conveyancing Act, 1881, has long been out of print, which is, in itself pretty good evidence of the special appreciation of its contents. J. I. 22, Cii.vNCERv Lane, Mdi/, 1883. CONTENTS. Notes on Piudeaux's Conveyancinu . . . 1 Set of Test Questions . . . . . .39 Epitome oe the Vendors' and Pukcuasers' Act, liS7*t . 51 ,, ,. Conveyancing and Law of Property Act, 1881 . . . . . 52 „ „ Settled Land Act, 1882 . . .75 ,. „ CONVEY'ANCINO AcT, 1882 . . : 85 „ ,, Married Women's Property Act, 1882 . 'JO INDEX TO CASES REFERRED TO. Agra Bank y. Barry , Allum V. Dickinson Attree v. Hawe BoUand, ex j)arte Bolton V. London School Board Bowman v. Hyland Boyd's Settled Estates, Braybroke v. Inskip Bright's Settlement, In Budd T. Marshall Camberwell, &c., Society v. Holloway Castellain v. Preston Catling V. King Clay and Tetley, re Coles V. Trccothick . Davis V. Burton, Blaiburg Claimant Elwes V. Mawe Feamside v. Flint Firth, ex jiartc Ford and Hill, In re Forster v. Patterson . Fowle V. Freeman Freeman v. Pope Griffiths V. Verc Hanson v. Graham . Harter v. Colman Hickson v. Darlow . Hodgkinson v. Crowe . Howe V. Earl of Dartmouth James v. James . Jones, ex parte, re Grissell Lees V. Fisher . Mackay v. Douglas . Jlaggi re, Winehouse v. Winehouse PAGE ir, 21 35 IS 1, 52 4 27 20, 34 17 21 2 6 5 30 27 19 23 15 18 8 15 6 32 35 34 13 17 22 36 14 «J4 14 32 9 Vlll INDEX TO CASES REFERRED TO. McPherson v. Wall Marshall v. Burridge Morton and Hallett, In rr . Morton v. Palmer Noble V. Willock Osborne v. Eowlett Patman v. Harland . Pawlett V. Pawlett Phillips V. Hanson . Philpott V. St. George's Hospital Pike V. Fitzgibbon . Popple V. Sylvester Potter v. Duffield . Price V. Jenkins . Eayner v. Preston . Eidler v. Ridler . Ross's Trusts, re Eossiter v. Miller Eussell, ex parte, re Butterworth Saffron Waldon Benefit Building Society v. Eayner Salt v. Cooper Sanders v. Sanders Smith V. Cowell Smith V. Morgan Speight, In re, Speight v. Gaunt Spradbery's Mortgage, t Stapleton v. Cheales. Stub bins, ex parte Sutton V. Sutton Swift V. Pannell. Titley v. Wolstenholme Tulk V. Moxhay . Viner v. Francis Vint V. Padgett . Walsh V. Lonsdale . Wilson V. Finch- Hatt on Wilson V. Kirkwood . Winn V. Bull . York Union Bank v. Artley . THE STUDENT'S GUIDE TO PEIDEAUX'S CONVETANCING. {^With ref/, in the original lease. This, however, would not be so if the conditions and covenants in the original and the underlease were identical. (Note here, however, the case of Camberwell, &c.. Society v. Holloway, 13 Ch. D., 754; 49 L. J., Ch., 361; 28 W. E., 222.) As to what purchaser is to assume now on production of last receipt for rent, see Conveyancing Act, 1881, sec. 3 (4, 5), but this enactment would not prevent a pur- PRIDEAUX'S CONVEYANCING. 3 chaser showing that there had in fact heen a breach of covenant. As to hni/th of title in some particular cases on an open contract. — Tithes — Commence with original grant from Crown, and then deduce title for 40 years prior to sale.* Enfrnnrhised Copijlmlds. — Note Conveyancing Act, 1881 sec. 3 (2). ^//ofrH/<«/.s.— Deduce title to property in respect of which allotment made down to award, and then to allotment. The allotment is freehold, copyhold, or leasehold, accord- ing to the tenure of the land in respect of which it is made. Exchanges. — Note common law rule that it was necessary not only to show title to land sold, but also to land given in exchange, and not so now, because exchange no longer implies any condition of re-entry (8 & 9 Vict., c. 106, sec. 4). Obsei-ve specially the difference between the position under an ordinary exchange and an exchange under General Enclosure Act, 1845 (8 & 9 Vict., c. 118, sec. 147). Incumbrances on Land. — State them clearly on face of conditions. (See Conveyancing Act, 1881, sec. 5.) Identificatiun of I'dreels. — Learn form of ordinary con- dition, and remember that its effect is that the deeds shall show identity, so that if they do not, a good title is not made out. Conditions for delivery of requisitions ivithin a given time. — This ordinary condition only applies from the delivery of a perfect abstract, This condition will not be binding when the title is manifestly bad on the face of the abstract, e.ij., where vendor is a trustee and the time for sale has not arrived. * Query, however, whether this should not be GO years. Does the Vendors and Purchasers' Act 1874, apply here ? B 2 4 STUDENT S GUIDE TO Condition giving Vendor liberty to annul sale. — Notwith- standing tliis condition, if any requisition is made, vendor is bound to give the best answer he can to it, and it is then for the purchaser to say whether he will accept such title as the vendor can give him. The vendor cannot avail himself of this condition in a case in which he fails to show any title at alL (Bowman V. Hyland, 8 Ch. D., 588 ; 47L. J., Ch., 581.) If sale goes off, purchaser has a lieu on the estate for amount of his deposit. Completion of jjurchase. — Time is only of essence of contract where so stipulated for, or it appears so intended from nature of property, eg., a life estate, an annuity, short leaseholds, &c. If nothing said as to interest, purchaser must pay it from day fixed for completion, from which date he gets the rents. He can prevent payment of interest by giving notice that money lying idle. This has no application where condition is that if not completed from whatever cause purchaser shall pay interest, for here he will always have to pay interest unless delay occasioned by wilful neglect or misconduct of vendor. Deeds not handed over. — Purchaser entitled to copies at his own expense (Conveyancing Act, 1881, sec. 3 (6). Whether vendor, a beneficial owner, or a trustee, he is bound to give purchaser acknowledgment and undertaking under Conveyancing Act, 1881 (sec. 9). Misdescription. — Look at form of ordinary condition. Eemember that it is not an absolutely precluding con- dition, but applies only to such errors as in the absence of condition would vitiate the contract. If vendor can show that purchaser knew the real quantity of the property, and therefore was not deceived by the misdescription, he is not entitled to compensation. Where quantity described as " thereabouts " or "more I'RIDEAUX S CON\'EYANCIXG, O or less" or "by estimation," these words only cover a small difference. If the discrepancy is very great it is impossible to relieve vendor from imputation of wilful fraud, or such other neglect of his duty as a vendor, as will practically amount to fraud. Vague and indefinite representations with respect to the property, in what is but matter of opinion, do not entitle purchaser to compensation. Look at and get up some instances of cases in which purchaser has, on account of misdescription, been held to be entitled to compensation (Vol. I., pp. 26, 27), and cases in whicli he has been held entitled to rescind (Vol. I., pp. 28-30). It is doubtful whether condition that no person bidding shall retract his bid, is binding.* Even in the absence of condition to that effect, a pur- chaser failing to complete, forfeits his deposit. Trustees must not insert, unnecessarily stringent condi- tions ; on the other hand, they will be liable if the condi- tions are too loose, and loss or expense is occasioned thereby. If property registered under Land Transfer Act, 1 875, with an absolute title, no special condition as to title is necessary. Agreements. A grant of a rif/ht to shoot is an interest in land within 4th sec. of Statute of Frauds. (Webber v. Lee, 9 Q. B. D., 315 ; 51 L. J., Q. B., 485 ; 30 W. E., 866.) Vendor's name must be stated in contract, unless he is otherwise sufficiently described. (Potter v. Duffield, L. K., 18 Eq. 4 ; 48 L. J., Ch., 472.) The expression " trustees selling under a power of sale," is sufficient description. (Catling V. King, 5 Ch. D., 666-; 46 L. J., Ch., 384). So * I think it clearly is not. If no sach condition, undoubtedly a bidder can withdraw, until the auctioneer's hammer falls. 6 student's guide to also is the expression "proprietor." (Kossiter v. Miller, 3 Appeal Cases, 1124 ; 48 L. J., Gh., 10.) In a contract for a lease, it is necessary, in order to satisfy the Statute of Frauds, that the time for its com- mencement should be mentioned, there being no inference that the term is to commence from the date of the agree- ment, in the absence of language pointing to that conclu- sion. (Marshall v. Burridge, 19 Ch. D., 233 ; 51 L. J., Ch., 329 ; 30 W. E., 93.) An agreement is binding, though it may contain a clause that a more formal contract is to be prepared by a solici- tor. (Fowle V. Freeman, 9 Ves., 351). But, if an offer is made, and it is accepted, subject to such a provision, then it is a condition, and there is no agreement indepen- dent of that stipulation. (Winn v. Bull, 7 Ch. D., 29 ; 47 L. J., Ch., 189.) A notice to treat given by a railway company does not in every sense constitute a contract, but as soon as the price has been fixed, the relation of the parties as vendor and purchaser is as fully constituted as in the case of a formal and regular agreement, so that, for instance, con- version would take place. Note the case of Rayner v. Preston (18 Ch. D., 1 ; 50 L. J., Ch., 472 ; 29 W. E., 546) that a purchaser has no right to the benefit of his vendor's insurance-money.* * But it would appear that he would be a person interested under 14 George III., c. 78, and if the money has not been paid over by the insurance company, he may require it to be laid out in rebuilding. (See hereon, Vol. II., p. 11, and note(cirtg on transfer of mortgage. — So that he shall admit the amount of the mortgage money ; if he is not a party, transferee takes subject to all equities between mortgagee and mortgagor, and all rights of mortgagor to call state of accounts in question. Bills of Sale. Bills of Sale Act, 1882. — Applies to bills of sale given on or after 1st November, 1882.* Observe specially the essentials under this Act as de- tailed Vol. I., p, 687. Transfer of registered bill of sale need not be registered. * It is not retrospective, see Hickson t. Darlow, L. J. Notes of Cases, lOth February, 1883; Weekly Notes, 17th Februarj% 1883. 18 student's guide to First unregistered and then registered Bill of Sale. — Formerly the unregistered one was good between the parties, thovigh bad against the subsequent registered one; but now the unregistered one is simply altogether void. Future projm-ty cannot be assigned, except as against the grantor, but there are two exceptions in which it may be assigned — (1) growing crops, (2) fixtures, &c. Seizure. — Learn up the five events on which only seizure under a bill of sale now valid. After seizure goods must be allowed to remain five days, and summary application may be made to a judge to restrain removal during that time. Order and disposition clause in Banlcrn2)tci/ Act, 1869, now applies to bills of sale given by traders even though registered.* Amount of bill of sale must not be less than £30. Fixtures. — If mortgage of premises made with fixtures thereon, registration not required unless the fixtures consist of trade machinery, as defined in the Act of 1878, when registration always necessary. Consideration for bill of sale must be truly set forth. When money paid to creditor of the grantor, it is sufficient to state in bill of sale that it is x^aid to grantor. [Ex parte Bolland, 21 Ch. D., 543 ; 31 W. E., 102.) But it is otherwise if part of money retained for other purposes, e.g., to pay the costs of preparing the bill of sale. {Ex 2xirte Eirth, 19 Ch. D., 419 ; 51 L. J., Ch., 473 ; 30 W. B., 529.) Sufficient description of grantor, and of attesting witness, must be specially attended to. * Goods comprised in a bill of sale given otherwise than as security for money are not within this rule. (See Swift v. Pannell, Weekly Notes, 7th April, 1883 ; L. J, Notes of Cases, 24th March, 1883, where Mr. Justice Fry held that sec. 3 of the Act of 1882 limited the repeal by sub-sec. 15 of section 20 of the Act 1878 to bills of sale given by way of security.) PRIDEAUX'S COWEYANCING. 19 M(irri(t;ic Settlement. — Ante-nuptial settlement need not be registered. Marriage is a valuable consideration, but if tlie marriage is made part of a scheme for defeating creditors, tlie instrument is void, imder 13 Eliz., c. 5. Act of lianlruptcy. — Bill of Sale is one, if of whole of grantor's property for a past debt, unless there is a sub- stantial exception, i'./ Act, 1th Awjuat, 1874.) Sec. 1. — Forty years substituted for 60 years as the root of title, except in those cases in which formerly an earlier title than CO j-ears required. Sec. 2. — (1 ) Intended lessee or assign of leaseholds not to be entitled to call for title to freehold. (2.) Kecitals, &c., iu deeds and other instruments 20 years old, to be suflBcient evidence of what is stated in them. (3.) Though vendor unable to supply legal covenant for production of deeds, this not to be an objection to title if, on completion, purchaser would have an equitable right to production. (4.) Covenant for production of deeds to be at pur- chaser's expense, but vendor to bear expense of perusal and examination. (o.) Vendor retaining any part of estate to be entitled to retain title deeds. Sees. 4 and ;"». — Sec. 4 was repealed by Conveyancing Act, 1881 (sec. 30, sub-sec. 2). Sec. 5 was first repealed by the Land Transfer Act, 1875 (sec. 48) ; but that provision was itself repealed by Conveyancing Act, 1881 (sec. 30, sub-sec. 2). The wider provisions of sec. 30 (sub-sec. 1) of the Conveyancing Act, 1881, now stands in the place of both enactments. E 2 52 student's guide to Sec. G. — Married woman, wlio is a bare trustee of free- holds or copyholds, may convey as if a feme sole. Sec. 7. — This section abolished "tacking," but was repealed by the Land Transfer Act, 1S75 (sec. 129). Tacking therefore did not exist between 7th August, 1874, and 1st January, 1876. Sec. 8.— Where will of land in Middlesex or York- shire not registered within time allowed, an assurance to a purchaser or mortgagee by the devisee, or any one deriving title under him, shall, if registered before, take precedence of, and prevail over any assurance from testator's heir-at-law. Sec. 9. — Vendor or purchaser may obtain decision of judge in chambers (Chancery Div.) by originating sum- mons, on any point arising as to requisition or objections, &c., and not being a question affecting the existence or validity of the contract. Notes. — As to sec. 1, a case in which more than 40 years' title would be required would be an advowson, in which case the title to be shewn Is for three successive adverse incumbencies or if they do not together amount to so much, then 60 years, but in no case more than 100 years. As to sec. 2, (1) see now Conveyancing Act, 1881 (sec. 3, sub-sec. 1) ; as to sec. 2, (2) note case of Bolton v. London School Board (7 Ch. D., 766 ; 47 L. J., Ch. 461), in which case it was held that by a recital in a deed 20 years old to the effect that vendor was seised in fee, the purchaser was precluded from calling for a full 4C years title. As to the insufficiency of the repealed sec. 4 see Ee Spradbery's mortgage (14 Ch. D., 514 ; 49 L. J., Ch. 623). 44 & 45 VICT. C. 41. The Conveyancing and Laiv of Property Act, 1881. [Commencement of Act, 1st January, 1882.) [Part I. is Preliminary.) Part II., Sales and other Transactions. Sec. 3. — (1.) Under a contract to sell and assign a term PRIDEAUX'S CON'YEYANCIXG. 53 of years clerivecl out of a leasehold interest in land, the intended assign shall not have the right to call for the title to tiie leasehold reversion. (2.) Where copyhold or customary property has been enfranchised, purchaser to have no right to call for the title to make the enfranchisement. (3.) A purchaser not to require any abstract or copy of any instrument affecting title prior to time prescribed by law, or agreement, for commencement of the title, even although the same creates a power subsequently exercised by an instrument abstracted in the abstract furnished to purchaser ; and no prior enquiry to be allowed, and recitals as to prior title to be presumed correct. (4.) Where land sold is held by lease (not including under-lease), purchaser shall assume — unless the contrary appears, that the lease was duly granted ; and, on produc- tion of the receipt for the last payment due for rent, shall assume, unless the contrary appears, that all the cove- nants, &c., have been duly performed and observed up to completion. (5.) Where land soldis held by under-lease, the purchaser shall assume, unless the contrary appears, that the under- lease and every superior lease were duly granted ; and on production of the receipt for the last payment of rent shall assume, unless the contrary appears, that all the covenants, &c., have been duly performed and observed up to completion of the purchase, and further that all rent due under every superior lease, and all covenants, &c., of every superior lease, have been paid and duly performed and observed up to that date. (6.) On a sale of any property, the expenses of the pro- duction and inspection of all Acts of Parliament, inclosure £uvards, records, proceedings of courts, court rolls, deeds, wills, probates, letters of administration, and other docu- ments, not in the vendor's possession, and the expenses 54 student's Gun)E to of all journeys iiicideutal to such production or inspection and all other expenses relating thereto, and all attested, stamped, office, or other copies thereof shall be borne by the purchaser ; and where the vendor retains possession of any document, the expenses of making any copy, which a purchaser requires, shall be borne by him. (7.) On a sale of any pi-operty in lots, a purchaser of two or more lots, held wholly or partly under the same title, shall not hav^e aright to more than one abstract of the common title, except at his own expense. (10.) This section applies only to sales made after the commencement of this Act, Sec. 4. — (1.) Where at the death of any person after the commencement of ihis Act, there is subsisting a con- tract enforceable against his heir or devisee, for the sale of the fee simple or other freehold interest, descendible to his heirs general, his personal representatives shall have -. power to convey the same, so as to give effect to the con- tract. ^- *^. Sec. 5. — Where, in a sale made or completed after com- mencement of Act, land is sold subject to incumbrance, court may, on application of any person interested, allow payment into court of a sum sufficient to meet such in- cumbrance, and any costs and interest (not usually ex- ceeding one-tenth of original amount paid in), and there- upon court may declare land to be freed from incumbrances. The court has power afterwards, on notice to persons interested in the fund paid in, to direct transfer thereof. gee. 6. — In conveyances made after commencement of Act, it is not to be necessary to insert after the parcels the ordinary "general words" heretofore inserted, but they are to be deemed to be included. gee. 7. — (1.) In conveyances, settlements, assignments, mortgages, &c., made after commencement of Act, it shall not be necessary to insert the ordinary covenants for title PRIDEAUX'S COXVEYAN'CIXa. 65 heretofore inserted, but the ordinary covenants as hereto- fore inserted shall be deemed to be included. ' (2 and 3.) Where a conveyance is made by a person by direction of the beneficial owner, such beneficial owner shall be deemed to convey as beneficial owner, and a covenant on his part shall be implied accordingly, Where husband and wife convey, wife to be deemed to convey by direction of hus- band, and in addition to the covenant implied on the part of the wife, there shall be implied, firstly, a covenant on the part of the husband as the person giving that direc- t_ion, and, secondly, a covenant on the part of the husband in the same terms as the covenant implied on the part of the wife.. Sec. 8.-— In sales after the commencement of Act, pur- chaser not to be entitled to require that deed shall be .1» executed in his or her solicitor's presence, but, at ///.s- own cost, may have same attested by a person appointed by him, who may, if he think fit, be his solicitor. Sec. 9. — Where a person retains possession of docu- ments and gives to another an acknowledgment in writing of the right of that other to x)roduction of those docu- ments and to delivery of copies thereof, or an undertaking in writing for safe custody thereof, such acknowledg- ment and undertaking respectively, shall have generally the same efi'ect as the ordinary covenants for the purpose heretofore entered into, and shall satisfy any liability to give any such covenants. Part III., Leases. Sec. 10. — In leases made after commencement of Act, rent and benefit of lessee's covenants to run with reversion, notwithstanding severance of reversionary estate and re- coverable accordingly. Sec. 11. — Like provision with regard to the obligation on lessor's covenants. 56 student's guide to Sec. 12. — Also ou any severance of reversion, every condition, right of re-entry ,""&c., shall be apportioned. Sec. 13. — On a contract made after the commencement of Act, to grant a lease for a term of years to be derived out of a leasehold interest with a leasehold reversion, the intended lessee shall not have the right to call for the title to that reversion.' Sec. 14. — (1 and o.) Lessor not to be able to take advan- tage of condition of re-entry or forfeiture in lease — except a condition against assigning, underletting, &c., or a con- dition for forfeiture on bankruptcy, or execution, or, in the case of a mining lease, to a covenant" or condition for allowing lessor to have access to or inspect books, accounts, records, Aveighing machines, or' other things, or to enter and inspect the mine or the workings thereof — until he has served on lessee a notice specifying breach, and if capable of remedy, requiring him to remedy same, and in any case requiring compensation in money, and the lessee fails within a reasonable time to comply therewith. (2.) Wliere lessor proceeds to enforce any such condition, the Court has power in lessor's action, or in any action brought by lessee, to grant him relief on such terms as it shall think fit. (7.) 22 & 23 Vict., c. 35, sees. 4 to 9, and 23 & 24 Vict., 0. 126, sec. 2, are repealed. (8.) This not to affect law relating to re-entry or forfeiture or relief in case of non-payment of rent. , (9.) This section applies to leases made either before or after the commence- ment of the Act, and shall have effect notwithstandiiig anij stipulation to the contrary. Part IV., Mortgages. Sec. 15. — In all mortgages before or after the Act, and notwithstanding stipulations to the contrary, the mort- gagee (not having been in possession) shall on payment be bound, if required, not only to re- convey, but also to PRIDEAUX'S CONVEYANCING. 57 assign mortgage debt, aud transfer the mortgaged property to any third person. Hec. 10. — Mortgagor, whilst he has right of redemption, to have right on payment of mortgagee's costs to inspect and mak e copies, &.C., of titlcdceds. Sec. 17. — Where there are several mortgages, and they or one of them are or is made after c omm encement of Act, the doctriucT of consolidation, unless the contrary is expressed, is no longer to exist. Sec. 18. — A mortgagor in possession, and a mortgagee in possession respectively, shall have power to make leases as follows : — An agri<;ultural or occupation lease for not exceeding 21 years, and a building lease for not exceeding 99 years, the same to take effect within 12 months from date, to be at the best rent that can be obtained, without fine, to contain a covenant for payment of rent aud^coudition of re-entry on non-payment f or n ot exceeding 30 days, and a counter- part to be executed by lessee, aud dehvered to lessor ; but execution of lease by lessor shall in favour of lessee be sufficient evidence. In the case of buildiug leases, they must be in cousideratiou of houses or buildings erected or improv ed, etc., or^to be erected or improved, ^S:e., within 5 yea rs from date, and a nominal or less rent than that ultimately payable may be reserved for first 5 years or any part thereof. A mortgagor taking advantage of this sec- tion must, w ithin one month of making the lease, deliver to the mortgagee, or where more than one, then to mort- gagee first, in jmority, a counterpart of the lease duly executed l)y lessee ; but the lessee is not to be concerned to see that this provision is complied with. All this is subject to the express provisions of the mortgage deed, and applies only to mortgages made after commencement of Act, unless otherwise agreed. Sec. 19. — Mortgagee under deed executed after com- 58 STUDENT S GUIDE TO ^ mencement of Act to have following powers: — ^Yhen ^ princiixd rnoneij due, power of sale iu the ordinary way, and ^ also power to appoint a receiver ; and, at any time after J date of deed, power to insure against fire, and, iihen in possession, j)ower to cut and sell timber, &c., ripe for cutting, and not planted for shelter or ornament, any such sale, however, to be completed within 12 mouths from making of any contract of sale. These powers may be varied or extended by the mortgage deed. Sec. 20. — The said power of sale not to be exercised until default in payment after three months' notice served on mortgagor, or one of several mortgagors, or unless interest iu arrear for tiro months, or there is breach of some other provision in the mortgage deed. Sees, 21 and 22. — Mortgagee selling under above power to be able to vest property in purchaser, who is not to be affected, though the sale was not under the circumstances authorised. Money received from sale to be applied in discharging prior incumbrances, then all costs of sale, &c., then the mortgage_debt, and then any balan ce to mort- gagor. Mortgagee not to be liable for any involuntary loss on sale. The sale may be by an yperson for the time being entitled to receive and give a discharge for the mort- gage money. Mortgagee's receipts to be sufficient dis- charge to purchaser. Sec. 23. — (1, 3 and 4.) With regard to the power to insure, conferred by sec. 19, the insurance shall not ex- ceed amount specified in mortgage deed ; or if no amount specified, then shall not exceed two-thirds of the amount that would be required in case of total destruction to restore the property insured. All money received under insurance shall, at the option of mortgagee (and without j)rejudice to any obligation imposed by law or special contract), be applied in rebuilding, &c., or in or towards discharge of mortgage debt. (2.) The said power to insure PRIDEAUX'S COX\'EYANCING. 59 is not to apply where there is a declaration in the mort- gage that no insurance is rec^uirecl, or where mortgagor Ivee^is up insurance in accordance with the mortgage deed, ^ or where the mortgage deed contains no covenant as to insurance, but mortgagor insures to the amount which ^' the mortgagee is authorized to insure for. Sec. 24. — (1 to 5). The power to appoint a receiver, con- ferred by sec, 19, shall not be exercised until mortgagee has become entitled to exercise power of sale given by Act. Then he may be appointed by writing under mortgagee's hand, and in like manner he may be removed and a new receiver appointed, and when appointed receiver, to have all full and necessary powers, and is to be considered the agent of the nuniiidijdr, who is to be solely responsible for his acits and defaults, imlcss the mortgage deed otherwise provides. Any person to be safe in paying to receiver. (6.) Keceiver may retain out of moneys received, by way of remuneration and in satisfaction of all costs, charges, and expenses incurred by him as receiver, a c omm ission at such rate, not exceeding o per cent, on the gross amount of all moneys received, as is specified in his appointment, and if no rate specified, then at the rate of 5 per cent, on the gross amount, or at such higher rate as the court, on the receiver's application, thinks fit to allow. (8.) Receiver to apply moneys thus : — [a] In discharging rents, rates, out- ^ goings, etc. (/') In keeping down all annual or other i payments, and the interest or^ any principal sums having priority, (c) In payment of his commission, and in pay- J ment of any premiums on proper policies of insurance, and in payment of sums for necessary or proper repairs directed in writing by the mortgagee, [d) In payment oT , interest accruing in respect of the principal money due under the mortgage ; and ('') The residue he shall pay to the person who, but for his possession, would have been ■ " entitled to receive the income of the mortgaged property. 60 student's guide to Sec. 25 — (I to 5) In actions brought cither before or after the commencement of Act, any person entitled to redeem may have a judgment for sale, instead of for redemption, or for sale or redemption in alternative, and in any action for foreclosure, sale, or redemption, the court may, on request, direct a sale on such terms as it thinks fit, includ- ing, if it thinks fit, the deposit in court of a reasonable sum fixed by the court to meet expenses of sale, and to secure performance of the terms ; but in any action brought by a person interested in the right of redemption and seeking a sale, the court may direct the i:)lainti£f to give security for costs, and may give the conduct of the sale to any defendant, and may give such directions as it thinks fit, respecting the costs of the defendants, or any of them. The court may direct a sale without previously determining the priority of any incumbrancers. (6) 15 & 16 Vict., c. 86, sec. 48, is repealed. Part v., Statutory Mortgage. Sec. 26. — (1 ) A mortgage of freeholds or leaseholds may be by deed expressed to be made by way of statutory mortgage in the form given in Part I. of 3rd schedule to Act, with such variations as necessary. (2.) In such a deed there shall be deemed to be included and implied covenants for repayment of principal, and payment of interest half-yearly, and proviso for redemption on pay- ment. Sec. 27. — (1 and 2.) A transfer of such a statutory mortgage may be by deed, by way of statutory transfer, in one of the three forms, A, B, and C, given in Part II. of the 3rd schedule to Act, as may be appropriate, with such variations as necessary ; and such a transfer shall vest in transferee all powers and rights as if he had been original mortgagee. (3.) If the transfer is in the form B — that is, mortgagor joining in transfer — a covenant shall pRiDEAUx's cox^'EYA^•cr^•G. 01 be implied by him to pay priucipal money on the next day fixed for paymeufor interest, and if not then paid to con- tinue to pay interest. ~ Sec. 28. — Wlierc there are several mortgagors or coven- antors, any implied covenants are to be de emed join t.aJid several, and where several mortgagees or transferrees, any implied covenants to be deemed with them jointly, unless mortgage money expressed to be secured in shares or dis- tinct sums, when covenant to be deemed with each severally in respect of the sum secured to him. Sec. 29. — A re-conveyance of a statutory mortgage may be by way of statutory re-conveyance, in form given in Part III. of 3rd schedule to Act, with such variations as necessary. Part VI., Trmt and Morty(i(/r Estates on Death. Sec. 30. — (1 and 3.) In case of death, after commence- ment of Act, of a trustee or mortgagee, the trust or mortgage estate shall, notwithstanding any testamentary disposition, go to personal representatives, who shall have all proper powers, and shall be deemed, for the pur- poses of this section, the heirs and assigns of the deceased within the meaning of all trusts and powers. (2.) Sec. 4 of 37 & 38 Vict., c. 78, a.nd sec. 48 of 38 & 39 Vict., c. 87, repealed. Part VII., Trustees and Executors. Sec. 31, — When in trusts created before or after the commencement of this Act, any trustee is dead or remains abroad for more than a year, or desires to be discharged, or is unfit or incapable of acting therein, the person or persons (if any|'m)mmated by the instrument creating the trust, and if none, or none able and willing to act, then the surviving or continuing trustees or trustee, or the personal representatives of the last surviving or continuing G2 / . student's guide to one, ma^ appoint new trustees or trustee, and so the original number of trustees may be increased or dimin- ished, but, except when only one trustee was originally appointed, tliere'must be always two trustees to perform the trust. This provision includes the case of a trustee under a will predeceasing testator, and those relative to a continuing trustee include a refusing or retirin g trustee . It~Tr~subject to any contrary intention, or any terms or provisions in the trust instrument. Sec. 32. — When in trusts created before or after com- mencement of Act, there are more than two trustees, if one by deed declares that he is desirous of being dis- charge^d, if his co-trustees and such other person, (if any) as is empowered to appoint trustees by deed co uisent to his discharge, and to the vesting in the co-trustees alone of the trust property, then the trustee, desirous of being discharged shall be deemed to have retired, and shall by the deed be discharged therefrom under this Act, without any new trustee being appointed in his place. This is subject to any contrary intention, or any term or provision in the trust instrument. Sec. 33. — In appointments by the court of new trustees, any such new trustee shall, as iccll before as after, thejrust property becomes properly vested in him, have all powers, ^c.ras if he had been originally trustee. Sec. 34. — In deeds executed after commencement of Act, either appointing a new trustee, or operating to dis- charge a retiring trustee, a mere declaration that the trust property shall vest in the new trustee or continuing trustee, as the case may be, shall have all the effect of a conveyance or assignment. Sec. 35. — In trusts created after commencement of Act, and subject to any contrary provision or intention in the instrument, trustees having a power cf sale may sell or concur in selling all or any part of the property, subject PKLDEAUX'S COXVKYANCIXO. G3 to prior charges or uot, by public auction or private con- tract, and generally as they think fit. Sec. 36. — Trustees' receipts for any money, securitieR, or other personal property, payable or deliverable to them under their trust, to be a sufficient discharge. Sec. 37.— In all executorships aud'trusts existing either before or after commencement of Act, and subject to the provisions or intentions of the trust instrument, executors may pay or allow any debt or claim on any evidence they think sufficient, and one executor, or two or more trustees acting together, or a sole acting trustee where authorised to act by himself, to have full power to accept composition, or take security for debts, or to allow time, or submit to arbitration, or release or settle debt, &c., provided any such act done in good faith. Sec. 38. — In executorships and trusts constituted after or created by instruments coming into operation after commencement of Act, powers given to two or more executors or trustees jointly, may, unless contrary ex- pressed, be exercised by survivor or survivors. Part VI] I., Married ]\'<)inen. Sec. 39. — Notwithstanding a married women is res- trained from anticipation, the court may, if it think fit, where it appears to be for her benefit, by ju dgment or orcIeFwitTTher consent, bind her property. Rec. 40. — A married woman, whether an infant or not, to have power to appoint an attorney to execute any deed, or do any act which she herself might execute or do. r((rt IX., Infants. Sec. 41. — Where an infant is entitled to a fee simple, or to any leasehold interest, at a rent, the land to be deemed a settled estate within the Settled Estates' Act, 1877. Sec. 42. — When under an instrument coming into 64 student's guide to operation after a commencement of Act, infant thus entitled, and if a woman, also unmarried, trustees under settlement, or trustees appointed by tlie court on the application of guardian or next friend of infant, may enter into and continue in possession of the land, and shall then have full powers to cut timber in usual course for sale or repairs, to pull down and rebuild houses, &c., and generally manage the property in the same way that infant might, if of full age, and may apply the income in keeping down expenses of management, and at his discre- tion for maintenance of infant, and shall lay out, invest, and accumulate the residue in trust for infant on attaining 21, or if a wom6n, married whilst an infant, for her Separate use, or if infant dead, in trust for the parties then entitled. These provisions only apply so far as no contrary intention in the instrument under which infant derives the property. Sec. 43. — Trustee under any instrument operating either before or after commencement of Act to have full discre- tionary power of applying income for maintenance of any infant either absolutely or contingently entitled, and may for this j)u^^pose resort to the accumulations of any past years. Fart X., Fient Chanjes, d-c. Sec. 44. — Where a person is entitled to a rent charge, or other similar annual payment, under some instrument coming into operation after commencement of Act, he is to have the following powers to recover and enforce it. / (rt) If in arrear for 21 days, power of distress, {h) If in ^ arrear for 40 days, power to enter into possession and take income till satisfaction, {c) Or instead, or in addl- ed tion, power to demise the land to a trustee for a term of years on trust, by way of mortgage, or sale, or demise, of the whole or any part of the term to raise the money to satisfy him. These powers are subject to any contrary PRIDEAUX'S C0N^•EYA^'C1NG. 65 provisions or intention in the instrument creating the rent charge. Sec. 45. — Where there is existing any quit rent, chief rent, rent charge, or other annual sum issuing out of lands, "same may be reHeemed l)y the owner of the hind By obtaining a certificate from the copyhold commissioners of amount to be paid for redempti^ou, and then a ftev o ne month's notice to the person entitled to the rent, paying or tendering the amount certified. The commissioners may then give a final and conclusive certificate that rent is redeemed. This provision does mit apply to a tithe ren t charge, or rent reserved on sale, or lease, or made paya ble under a grant or license for building purposes, or to any sura or payment issuing out of land not being perpetual. Part XI., Powers of AUorney. Sec. 46. — Person executing a deed under a power of attorney may execute either in his own name, or the name of the donor of the power. Sec. 47. — Attorney not to be liable for any payment made, or other act done by him, hand fide, under a power without notice of donor's death, lunacy, bankruptcy, or revocation. But this docs not affect any right against the person to whom money has been paid. Sec. 48. — Powers of attorney, on theu' execution being verified, may be deposited in the Central Office of Supreme Court of Judicature ; and any office copy thereof to be sufficient evidence of the contents of the instrument and its deposit there. (General rules of court may be made for the purposes of this section.) Part XII., Construction and Effect of Deeds, &c. Sec. 49. — In conveyances, either before or after the Act, the word " Graut " is not to be necessary to convey any property. 66 student's guide to Sec. 50. — After commencement of Act, freehold land or a chose in action may be conveyed by one person direct to himself and another, or by a husband to wife, or wife to husband, either alone or jointly. Sec. 51. — After commencement of Act, to pass fee simple, the words " in fee simple "to be sufficient without word "heirs ; " and to create an estate tail, the word " in tail " to be sufficient without the words " heirs of the body ; " and to create an estate in tail, male or female, the words " in tail male," or " tail female," as case maybe, to be sufficient. Sec. 52. — Any person entitled to a power when coupled with an interest or not may, by deed, release or contract not to exerc ise it . Sec. 53. — A deed expressed to be supplem ental to another, to be read and to have effect as if end orsed thereon, or as if it contained a ful l recita l thereof. Sees. 54 and 55, — In deeds executed after commence- ment of Act, receipt for consideration in the body of deed sufficient without a receipt endorsed; and any receipt, whether in body or endorsed, shall be sufficient evidence oTpayment to satisfy any subsequent purchaser not hav- ing actual notice of non-payment. Sec. 56. — A solicitor in completing a purchase, &c., need not produce an authority from his client to receive the money, but his production of the deed dul y executed , with receipt thereon3o be sufficient. Sec. 57. — Deeds in the form in 4th schedule to Act, or in like form, or using like expressions, shall be sufficient. Sec. 58. — Covenants made after commencement of Act, with regard to lands of inheritance, to bind heirs and assigns without mention, and with regard to lands not of inheritance, to bind executjors, administrators, and assig ns without mention. Sec. 59. — All ordinary covenants and bonds made after PKIDEAUX'S COXVEYAXCIXG. 67 commencement of Act, and including any imi^lied under Act to bkd the, heirs and real estate, witl^out mention, subject to any contrary expression or intention. Sec. GO. — Covenant after commencement of Act, and including any implied by Act, with two or more jointly to enure for the benefit of survivor _ or_surviyprSj_ and any other person to whom right tos ue devol ves, subject to amy contrary" expression or intenuon. Sec. Gl. — In mortgages, transfers of mortgages, &c., made after commencement of Act, and subject to any con- trary intention expressed in the instrument when money expressed to be advanced on joint account, or where the instrument is made to more persons than one jointly, and not in shares, the money shall be deemed to belong to the mortgagees or transferees, &c., on a joint account] as between them and the mortgagor or obligor; and the receipt of the survivors or"'siirvivor shall be a complete dlsxliarge, notwithstanding any notice to the payer of a severance of the joint account. Sec. G2. — Where, after commencement of Act, freeholds are conveyed to the use that any person shall have an easement, &c., thereout, it shall operate to vest such ease- ment, &c., in that person. Sec. 63.— In conveyances, after commencement of Act, and subject to any contrary intention, not necessary to insert " all the estate," &c.jClause, as same to be deem ed included . Sec. 6-i. — In construing any covenant or proviso im- plied under this Act, words importing singular or plural number, or the masculine gender, shall be read as also importing the plm-al or singular number, or as extending to females, as case may require. Part XIII., Lomj Tirms. Sec. Go. — Where a residue imexpired of not less than F 2 68 student's guide to two hundred years of a term, wliicli, as originally created, was for not less than three hundred years, is subsisting in land without any trust or right of redemption, and without there being either originally or by release or other means any rent, or with merely a peppercorn rent or other rent having no money value, incident to the reversion, then the term may be enlarged into a fee simple to be subject, however, to the same trusts, powers, &c., as the term, by the execution of a deed containing a declaration to that effect made by any of the following persons (namely) : (a) Any person beneficially 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 concurrence ; {b) Any person being in receipt of income as trustee, in right of the term, or having the term vested in him in trust for sale, whether subject to any in- cumbrance or not; (c) Any person in whom, as personal representative of any deceased person, the term is vested, whether subject to any incumbrance or not. Part XIV., Adoption of Act. Sec. 66. — All persons, whether solicitors, trustees, or the parties concerned themselves, adopting the provisions of the Act to be protected in doing so. Part XV,, Miscellaneous. gee. 67. — All notices required by this Act must be in writing, and may be served by being left at person's last known place of abode or business ; or if to be served on a lessee or mortgagee by being left for him on the land or PRLDEAUX'S CON^'EyANCING. 69 at any house or building comprised iu the lease or mort- gage, or in case of a mining lease by being left at office or counting-Louse of the mine, or by sending through the post, registered, directed to the party by name as afore- said place of abode, business, or counting-house, provided letter is not returned through the post undelivered. Sec. G8. — \Vith regard to the Act as to statutory de- clarations (o & G Wm. IV., c. 62) it may be cited by the short title of The Statutory Declarations Act, 1835, in any declaration made for any purpose under or by virtue of that Act, or in any other document, or iu any Act o Parliament. Part XVI., Cuurt, Procedure, Orders. Sec. 69. — (1.) All matters within the jurisdiction of the court under this Act shall be assigned to the Chancery Division. (3.) Every application under the Act, except where otherwise expressed, shall be by summons at chambers. (8.) General rules for pm'poses of Act to be deemed Eules of Court under sec. 17 of Appellate Juris- diction Act, 1876 ( 39 & 40 Vict., c. 59, sec. 17.) Part XVII., Piepeals. Sec. 71.— Statutes 8 & 9 Vict, c. 119, and 23 & 24 Vict., c. 145, sects. 11 to 30, are repealed ; but this is not to 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. Part XVIII. Palates to Ireland. 70 student's guide to THE THIRD SCHEDULE. Statutory Mortgage. Part I. {See section 26 of Act.) Deed of Statutory Mortgage. JO This indenture made by way of statutory mortgage, the day yj> of , 1882, between A., pf [.Sec.] of the one part, and M., of *7 [&c.] of the other part, Witnesseth, that in consideration of the y> sum of £ now paid to A. by M., of which sum A. hereby y^ acknowledges the receipt, A., as mortgagor and as beneficial owner, ^ hereby conveys to M. all that [&c.] To hold to and to the use of M. "U in fee simple for secur ing payment on the day of , y' 1883, of the principal sum of £ , as the mortgage money with interest thereon at the rate of \_four'\ per centum per annum. In witness, &c. *^* Yariations in this and snljseqtient forms to he made, if required, for leasehold land, or other matter. Part II. {See section 27 of Act.) Deed of Statutory Transfer, Mortgagor rMt joining This indenture made by way of statutory transfer of mortgage, the day of , 1883, between M., of [&c.] of the one part, and T., of [&c.] of the other part, supplemental to an indenture made by way of statutory mortgage, dated the day of , 1882, and made between [&c.] Witnesseth that in consideration of the sum of £ now paid to M. by T., being the aggregate amount of £ mortgage money, and £ interest due in respect of the said mortgage, of which sum M. hereby acknowledges the receipt, M., as mortgagee, hereby conveys and transfers to T. the benefit of the said mortgage. "" " in witness, &c. f (B.) Deed of Statutory Transfer, a Covenantor joining. This indenture made by way of statutory transfer of mortgage, the day of , 1883, between A., of [&c.] of the first part, B., of [&c.] of the second part, and C, of [&c.] of the third part, sup£lemeii,tal to an indenture made by way of statutory mort- gage, dated the day of , 1882, and made between [&c.] Witnesseth that in consideration of the sum of & now paid to PRIDEAUX S CON\'EYANCING. t O Notes. — The general scoi)e and design of this Act is to shorten the instruments at present used in conveyancing. This idea we see running throughout the whole Act, which does away with the necessity of the ordinary covenants for title, general words, all the estate clause, &c., &c. Again — various powers usually inserted in certain instruments are to be deemed inserted, and short forms of conveyances, mortgages, &c., are given. But beyond this, the Act contains several radical alterations to apply in all cases, and we would specially call students' attention to sections 13, 14, 15, Hi, 17, (which practical!}'' abolishes, i» the Juture, the doctrine of consolidation of mortgages), 18, 31), 40, 47, 50, 51, 54, 55 and 50. The student will observe that certain new provisions are made in the future to take the place of certain old ones. Sees. 4 to 9, of Lord St. Leonard's Act (22 & 23 Vict., c. 35), as to relief against breaches of covenants to insure and some other points, pass away, as also do sees. 11 to 30 of Lord Cranworth's Act (23 k. 24 Vict., c. 145), as to mortgagees' powers, maintenance of Infants, trustees' receipts, execu- tors compounding, &c. With regard to the repeal of the above- mentioned sections of 23 & 24 Vict., c. 145, it will be observed that sec. 19 of the new Act only applies to mortgage deeds executed after the commencement of the Act ; sec. 71 is no doubt meant to reserve the former position as to mortgages before the commencement of the new Act. ^ 45 & 46 VICT., C. 38. The Settled Land Act, 1882. (Commencement of Act, l.si Jdimari/, 1883.) Sec. 2. — Any deed, will, agreemeut, &c., whether made or passed before or after the commeucemeut of this Act, whereby lauds stand limited by way of succession, to be deemed a settlement for the purposes of this Act. Sees. 3, 4. — A tenant for life is to have a general power of selling or exchanging the settled estate at the best price or consideration that can reasonably be obtained, either by public auction or private contract, together or in 76 student's guide to lots, with power to fix reserved biddings, and buy in at auction. Settled land in England must not, however, be exchanged for land out of England. Sees. 6, 7. — A tenant for life is to have a power of leas- ing as follows : a building lease not exceeding 99 years, a mining lease not exceeding 60 years, and any other lease not exceeding 21 years ; such leases to be by deed, to take effect within 12 months from date, at the best rent that can reasonably be obtained, to contain a covenant for payment of rent, and condition of re-entry, on nonpay- ment within a time not exceeding 30 days, and a counter- part to be executed by lessee ; but the execution of the lease by the tenant for life to be sufficient evidence of this. Sees. 8 to 11. — Every building lease to be partly in consi- deration of the erection or improvements of buildings ; a nominal rent may be reserved for first five years. In a mining lease, the rent may be made ascertainable, or to vary according to acreage worked, or minerals obtained. In both mining and building leases, on application to the court, and shewing that it is customary to do so, or that it is difficult to malie leases otherwise, the court may authorise the granting of leases for longer terms, or even in perpetuity, on conditions expressed in the lease. With regard to any rent from a mining lease, there shall always be set aside as cax^ital money part of the rent, viz., when the tenant for life is impeachable for waste, three-fourths, and otherwise one-fourth thereof. Sec. 14.— Tenant for life of copyhold or customary property may grant licenses to tenants to make any such leases as the tenant for life might make of freeholds ; such license may fix the annual value, whereon fines and other customary payments are to be assessed, and it is always to be entered on the court rolls of the manor. Sec. 15.— The before detailed powers of selling and PRIDEAUX'S CONVEYANCING. 77 leasing not to extend to the principal mansion Louse, or desmesnes usually held therewith Jinless the consent of the tnistecs of the settlewent, o?* an order of the Court, is obtained. Sec. 16. — On a sale or grant for building purposes, nnder foregoing provisions, the tenant for life, for the general benefit of the residents on the settled land, or any part thereof, may appropriate^ portions thereof for streets, roads, path s, squares, gardens, or other open spaces, and may execute any deed necessary for vesting them in any trustees, or any company or public body. Sec. 17. — Any sale or exchange may be, of land, apart from minerals. &c., and any mining lease may be of all or any of the minerals, &c. Sec. 18. — Any money required for enfranchisement, or for equality of exchange or partition, may be raised by the tenant for life by mortgage of the settled estate, in fee simple, or for other estate, and the sum raised shall be capital money. Sec. 20. Csub-sec. 3). — As to copyholds, any^deed in manner provided by this Act to be sufficient without surrender, and thereupon admittance to be made ; but the steward may require to be produced so much of the settle- ment as shows the title of the persons executing the deed, and the same may, if the steward thinks fit, be entered on the court rolls. Sees. 21 to 23. — Capital money arising under this Act, in addition to the particular purpose for which it is raised, may be applied as follows : In investment on Government securities, or other securities, trustees may invest in either by law or under the settlement, or in purchase of railway debenture ^ock in Great Britain or Ireland, provided it has for the ten preceding years paid a dividend on its ordinary stock ; in discharge of incumbrances, land tax, &c., on the settled estate ; in payment for any improve- ment authorised by this Act (see sec. 25), or for equality 78 student's guide to of exchange or partition ; in purchase of the seignory, reversion, or freehold in fee of any part of the settled estate ; in the x^urchase of lands or mines or minerals in fee or of customary or copyhold tenure, or of leaseholds having not less than 60 years to run (hut capital money arising from land in England not to he applied in purchase of laud out of England, unless specially allowed hy the settlement — sec. 23) ; in payment to any person hecoming ahsolutely entitled ; in payment of any costs or expenses in connection with any of the x)owers under this Act ; and in any other mode in which money produced hy the exercise of a power of sale in the settlement is applicahle thereunder. Sec. 22. — For the purpose of heing invested or applied as specified in last section, capital money to he paid to the trustees of the settlement, or into court at option of tenant for life, and investment on ap]plication to he according to direction of tenant for life, or in default at trustees' discretion, subject to any consent or direction in the settlement. Any capital money liefore investment or aiDplication to still be deemed and treated as land, and the income of any capital money is to go as the income of the land would have gone under the settlement. Sec. 25. — This section enumerates what shall be improve- ments authorized by the Act for the application of trust money. No less than twenty different kinds are given of which we mention the following : Draining ; warping ; irrigation ; inclosing ; reclaiming ; building farmhouses, farm cottages or saw mills ; or construction of reservoirs, tramways, railways, canals, docks, jetties, piers, market places, streets_, roads, &c. Sec. 26. — A tenant for life desirous of applying capital money in improvements is to submit a scheme to the trustees of the settlement or the court showing proposed expenditure. Where the capital money is in trustees' ^/i^^^e^ A: i^J^^U^^-^^r- PRIDE AUX'S CONVEVANCING. 79 hancTs a certificate of the laud commissione rs (see sec. 48) / that the works are properly executed, and what amount is properly payable thereunder is necessary, or instead thereof a like c ertificate of a c om]2.etent engineer or practical suiycjor nominated by the trustees and approved by the commissioners, or instead of citKer an order of the \J court authorising the expenditure. Where the capital money is in court, then a scheme has first to be approved by the court, and then money to be paid on an order of the court, -which will be granted on either of such certificates as already mentioned, or on such other evidence as the court thinks fit. Sec. 29. — In executing, maintaining, or repairing any improvement authorised by this Act, the tenant for life or any other person not to be liable for waste, and may cut down and use timber and other trees not planted or left standing for shelter or ornament. Sees. 30, 32, 33. — The improvements allowed by this Act are to be also allowed, and to be deemed included in the improvement of Land Act, 1864 (27 & 28 Vict., c. 114, sec. 9), and in the Lands Clauses Consolidation Act, 1845 (8 and 9 Vict., c. 18), 1860 (23 & 24 Vict., c. 106), and 1869 (32 & 33 Vict., c. 18), and in the Settled Estates Act, 1877 (40 & 41 Vict., c. 18), and in all settlements i n which money is in the hands of trustje^ tojje laid^out jjj tEe~;purchase of lairds. Sec. 31. — In the same way that the tenant for life may make leases and sales, so also he may contract therefore, and may revoke such contracts and enter into fresh ones, as if he were absolute owner, and every contract shall be enforceable in favor of, or against successorsi^v kM* Sec. 35. — A tenant for life, though impeachable for waste, may, with the consent of the trustees of the settle- ment, or on an order of the court, cut and sell timber ripe and fit for cutting ; but three-fourths of the net i^roceeds 80 student's guide to to be set aside as capital moneys, and the residue only to go as rents and profits. Sec. 36. — The court may, if it thinks fit, approve of any action, defence, petition to Parliament, parliamentary oppositions, or other i^roceeding taken or proposed to be taken for protection of'settled land, or for any action, or proceeding for recovery of such land, and direct the costs in connection therewith to be paid out of the settled estate. (Note. — This section is instead of sec. 17 of 40 & 41 Vict., c. 18, which is repealed. See post, sec. 64.) Sec. 37. — Heirlooms that is — personal chattels settled on trust to devolve with the land, may, by an order of the court, be sold by tenant for life, but the proceeds to be capital moneys, to be dealt with as before authorised, or to be invested in the purchase of other chattels to devolve in like manner. Sees. 38, 39. — In default of trustees under a settlement, the court may, on application of tenant for life, appoint new trustees, and they, or the survivors, or the personal representatives of the survivor shall be deemed the trustees of the settlement; but no caj)ital money shall be paid to less than two trustees unless the settlement specially authorizes ifbeing paid to one only. Sees. 40, 43. — Trustees' receipts to be full and sufficient discharges ; each trustee to be liable for his own acts only and not where he has only joined for conformity ; and generally they are protected where they act bond fide in the exercise of the powers conferred on them by this Act. They are to have all powers of re-imbursing themselves expenses. Sec. 44. — In case of difference arising between tenant for life and trustees of settlement respecting any powers, or any matters under this Act, the court may give directions respecting the matter in difference, and the costs of the appHcation. PRIDEAUX'S CO^'^•EYA^'CING. 81 Sec. 45. — Tenant for life intending to exercise anj' of the powers conferred by this Act shall send by registered post, not loss than month before he acts, a notice thereof to each trustee at his usual place of abode, and if he Imows the trustees' solicitor then to such solicitor^also at his usual place of business. There must not at the time of this notice be less than two trustees, unless allowed by the settlement. A person dealing in good faith with the tenant for hfe is not concerned to enquire as to whether such notice has been given. Sec. 46. — This section contains regulations respecting payments into court, apphcations, &c., of which the following are the chief : — Matters under tiac Act are assigned to the Chancery Division ; payment into court to be an effectual exoneration ; applications to be to the court by petition, or by summons in chambers ; on an application by trustees of settlement notice to bo served in first instance on tenant for hfe, and then on such persons as the court shall think fit ; general rules under the Act may be made, and to be deemed rules of court ; the county court of the district where the settled estate is situate, or from where the capital money arises, or in connexion with which personal chattels are settled, is to have jurisdiction under this Act, where capital money, or securities in which it is invested, or the value of the settled estate does not exceed £500, and the annual rate- able value of the settled estate does not exceed £30 per annum. Sec. 47. — Any costs, ch-erges, or expenses may be directed by the court to be paid out of income, or out of capital money, or raised by means of sale or mortgage out of the settled estate. Sees. 48, 49. — The Commissioners now bearing the three several styles of the Inclosure Commissioners for England and Wales, the Copyhold Commissoners, and 82 student's guide to the Tithe Commissioners for England and Wales, shall by virtue of this Act become and be styled, the Land Commissioners for England. Every certificate and report approved and made by the Land Commissioners under this Act shall be filed in their office, and office copies shall be delivered out on application, and shall be suffi- cient evidence thereof. Sees. 60 to 62 — The powers under this Act of a tenant for life, are not capable of assignment or release by express act, or by operation of law, but remain exercise- able by tenant for life except that if tenant for life has assigned his estate for value this shall not operate to assignees' prejudice, and his rights shall not be affected without his consent, but, if the assignee is not in possession, tenant for life still to have the power of making leases. Any contract by tenant for life not to exercise his powers under this Act is void, and any pro- hibition in the settlement or provision for forfeiture on exercise of such powers also void. Sec. 53. — Tenant for life, in exercising powers under this Act to have the duties and liabilities of a trustee for all parties interested in estate. Sec. 54. — On all sales, exchanges, leases, &c., under this Act, persons dealing bond fide to be conclusively taken to have given the best price, consideration, or rent, and to have complied with all the requisitions of his Act. Sec. 56. — All other powers subsisting under any settle- ment or statute, or otherwise exerciseable by tenant for life or his trustees to be still existing, and the powers conferred by this Act to be cumulative, but, in case of any conflict, provisions of this Act to prevail ; and, accordingly, the consent of tenant for life shall, by virtue of this Act, be necessary to the exercise by trustees, or other persons, of any power conferred by the settlement exerciseable for PBIDEAUX's COXVEYANCING. 83 any purpose provided for in this Act. Should any doubts arise on matters within this section the court may. on application of the trustees, or the tenant for life, or other person interested, give its decision, opinion, advice, or direction thereon. Sec. 57. — This Act not to prevent a settlement con- ferring larger or additional powers than those contained in Act. Sec. 58. — Each person, as follows, shall, when the estate or interest of each of them is in possession, have the powers of, and be deemed for the purpose of the Act to be a tenant for life, viz.: — (1) Any tenant in tail, /* except a tenant in tail of land purchased by money, pro- vided by Parliament in consideration of public services, and he being restrained from barring his entail, and the reversion being in the Crown. (2) A tenant in fee simple c with an executory limitation over. ~(3) The owner of a ^ base fee. (4 , 5, and 6) A tenant for years, terminable on u nTo, or a tenant ipxir autre vie not holding merely imder a lease at rent. (7) A tenant in tail after possibility of A issue extinct. (8) A tenant by curtesy. Sec. 69, 60. — A person, in his own right entitled to land, being an infant, for the pui-poses of this Act the land to be deemed settled laud, and the infant tenant for life thereof. When an infant is tenant for life, the powers may be exercised by the trustees of the settlement, and, if none, then by such person and in such manner as the Court, on the application of testamentary or other guardian or next friend of the infant, either generally or in a particular instance, orders. Sec. Gl. — When a married woman is tenant for life and is entitled for her separate use, then she without her husband, to have the powers of a tenant for life. If en- titled, not for her separate use, then she and her liusbaud together to have the powers. A restraint on anticipation G 2 4*%^ 84 student's guide to not to iDrevent married woman's exercise of tlie powers of ffiis Act. Sec. 62. — When tenant for life, a lunatic, so found by inquisition, his committee, under order of Chancellor or other person intrusted by Queen's Sign Manual, with the care and commitment of the custody of the possessions and estates of lunatics, may exercise the powers of this Act. Sec. 64. — The following enactments, except as regards anything done thereunder before commencement of Act, are repealed, viz, :— ^23 & 24 Vict., c. 145, Parts I. and IV. being the residue of the Act which the Conveyancing Act, 1881, did not repeal ; 27 & 28 Vict., c. 114, sees. 17 & 18, and sec. 21, from " either by a party " to "benefice or " inclusive; and from, *' or, if the land owner," to "minor or minors " inclusive ; and, " or circumstances," twice. Except as regards Scotland, 40 & 41 Vict., c. 18, sec. 17. Notes. — This Act forms a most important extension of the powers of limited owners of land, and it must be firstly observed that it applies, after its commencement, to all settlements of whatever date and by sec. 56, the powers conferred by other Acts are still to remain. This, therefore, leaves intact 40 & 41 Vict., c. 18, except sec. 17 thereof, which was not very important, and which is now replaced by sec. 36 of this Act. I may, perhaps, iisef uUy point to a few special pro- visions in this Act. The provisions as to leases in sees. 6 to 14 should be carefully compared with those contained in 40 and 41 Vict., c. 18. The wide powers of selling and leasing are not, as regards the principal mansion house, &c., to be exercised in a perfectly uncontrolled manner by the tenant for life (sec. 15) ; capital money appears to be thoroughly protected, but the tenant for life has his choice of investments (sec. 22), and these powers of investment are very wide (sec. 21), and the tenant for life has very ample opportunities afforded him of improving the estate (sec. 25), subject, however, to what appear to be fair restrictions (sec. 26). Not only is an actual lease or sale by the tenant for life binding, but contracts for the same are so also (sec. 31). A difficulty that would have existed with regard to improvements, when the tenant for life is impeachable for waste, is overcome by sec. 35. Be- fore the tenant for life can proceed to exercise his great powersj PRIDEAUX'S CONVEYANCING. 85 certain notices on his part are necessary (sec. 45). It should be specially observed that contracts not to exercise his powers, or con- ditions against his exercising them, are worthless as against the tenant for life (sees. 50, 51, 52). 45 & 46 VICT., C. 39. The Cunceyancbvj Act, 1882. [Commencement of Act, 1st Januanj, 1883.) Sec. 1. — Purcliaser includes a lessee or mortgagee, or an intending mortgagee, or other person, who for valuable consideration takes or deals for property, and purchase has a meaning corresponding with that of pm-chaser. Sec. 2. — Searches for judgments, deeds, or other matters, or documents, whereof entries are allowed or required to be made in the central office, may be made by an official, and certificate of result of search shall be conclusive in favor of a purchaser, and a solicitor obtaining an office copy of any such certificate shall not be answerable in respect of any loss that may arise from error in the cer- tificate. Sec. 3. — (1.) A purchaser shall not bo prejudicially affected by notice of any instrument, fact, or thing, imless — (i.) It is w ithin his own knowledge, or would have come to his knowledge, if such inquiries and inspections had been made as ought reasonably to have been made by him ; or ' (ii.) In the same transaction with respect to which a question of notice to the purchaser arises, it has come to the knowledge of his counsel, as such, or of his sohcitor, or other agen t, as such, or woidd have come to the knowledge of his solicitor, or other agent, as such, if such inquiries and inspections had been 86 student's guide to made as ought reasonably to Lave been made by the sohcitor or other agent. This section applies to purchases made either before or after the commencement of this Act ; save that, where an action is pending at the commencement of this Act, the rights of the parties shall not be affected by this section. Separate Trustees. Sec. 5. — (1.) On an appointment of new trustees, a separate set of trustees may be appointed for any part of the trust property, held on trusts distinct from those re- lating to any other part or parts of the trust property ; or, if only one trustee was originally appointed, then one separate trustee may be so appointed for the first-mentioned part. (2.) This section applies to trusts created either before or after the commencement of this Act. Pou'ers. Sec. 6. — (1.) A person to whom any power, whether coupled with an interest, or not, is given, may, by deed, disclaim the power ; and, after disclaimer, shall not be capable of exercising or joining in the exercise of the power and on such disclaimer, the power may be exercised by the other or others, or the survivors or survivor of the others, of the persons to whom the power is given, unless the contrary is expressed in the instrument creating the power. This section applies to powers created by instru- ments coming into operation either before or after the commencement of this Act. Married Women. Sec. 7. — (1.) In section 79 of the Fines and Eecoveries PRIDEAUX'S con\'t;yancing. 87 Act, there shall, by virtue of this Act, be substituted for the words, "two of the perpetual commissioners, or two special commissioners," the words " one of the perpetual commissioners," or "one special commissioner;" and in sec. 83 of the Fines and Recoveries Act there shall, by virtue of this Act, be substituted for the word " persons " the word "person," and for the word "commissioners" the words " a commissioner ; " and aU other provisions of those Acts, and all other enactments having reference in any manner to the sections aforesaid, shall be read and have effect accordingly. (2.) "Where the memorandum of acknowledgment by a married woman of a deed purports to be signed by a person authorized to take the acknowledgment, the deed sHall, as regards the execution thereof by the married woman, take effect at the time of acknowledgment, and shall be conclusively taken to have been duly acknow- ledged. (3.) A deed acknowledged before or after the commence- ment of this Act by a married woman, before a judge of the High Court of Justice in England, or before a judge of a county court in England, or before a perpetual com- missioner or a special commissioner, s hal l not be impeached or impeachable by reason only that such judge or com- missioner was interested or concerned either as a party, or as solicitor, or clerk to the solicitor for one of the parties, or otherwise, in the transaction giving occasion for the acknowledgment. (4.) The enactments 3 & 4 William IV., c. 74, sec. 84, from and including the words " and the same judge " to the end of the section and sections 85 to 88 inclusive, and 17 & 18 Vict., c. 75, are hereby repealed. (5.) The foregoing provisions of this section, including the repeal therein, apply only to the execution of deeds by married women after the commencement of this Act. 88 student's guide to Powers of Attorney. Sees. 8 and 9. — (1.) If a power of attorn ey, given for valuable consideration, is in the instrument creating the power expressed to be irrevocable, or if when given for valuable consideration or not it is in the instrument creating the power expressed to be irrevoca ble for a fixe d time therein specified, not exceeding one ye ar from th e dateof the instrument, then, iu favour of a purchaser the power shall not be revoked at any time, or during the fixed period as the case may be, either by anything done by the donor of the power without the concurrence of the donee of the power, or by the d^th, marriage, lunacy, unsound- ness of mind, or bankrux^tcy of the donor of the power ; and any act done at any time, or during the fixed time as the case may be, by the donee of the power, in pursuance of the power, shall be as valid as if anything done by the donor of the power without the concurrence of the donee of the power, or the death, marriage, lunacy, unsoundness of mind, or bankruptcy of the donor of the power, had not been done or happened ; and neither the donee of the power nor the purchaser shall at any time be prejudicially affected by notice of anything done by the donor of the power, without the concurrence of the donee of the power, or of death, marriage, lunacy, un- soundness of mind, or bankruptcy of the donor of the power. (2). — This section applies only to powers of attorney created by instruments executed after the commencement of this Act. Sec. 10. — (1) Where there is a person entitled to land for an estate in fee, or for a term of years absolute or determinable on life, or for term of life, with an executory limitation over on default or failure of all or any of his issue, whether within or at any specified period or time or not, that executory limitation shall be or become void and PRIDEAUX'S CONVEYANCING. 89 incapable of taking effect, if, and as soon as there is living any issue who has attained the age of twenty-one years, of the class on default or failure whereof the limitation over was to take effect. (2). This section applies only where the executory limitation is contained in an instrument, coming into operation after the commencement of this Act. Sec. 11. — Section Go of the Conveyancing Act, of 1881, shall apply to, and include every such term as in that section mentioned, whether having as the immediate reversion thereon the freehold or not ; but not — (i.) Any term liable to be determined by re-entry for condition broken ; or (ii.) Any term created by sub-demise out of a superior term, itself being incapable of being enlarged into a fee simple. Mortijagcs. Sec. 12. — The right of the mortgagor, under section 15 of the Conveyancing Act of 1881, to require a mort- gagee, instead of re-conveying, to assign the mortgage debt and convey the mortgaged property to a third person, shall belong to, and be capable of being enforced by each incumbrancer, or by the morgagor, notwithstanding any intermediate incumbrance ; but a requisition of an incum- brancer shall prevail over a requisition of the mortgagor, and, as between incumbrancers, a requisition of a prior incumbrancer shall prevail over a requisition of a subsequent incumbrancer. Sari7i(/. Sec. 13. — The repeal by this Act of any enactment, shall not affect any thing that has taken place before the commencement of this Act. 90 student's guide to Notes. — This Act no doubt introduces some improvements into our system of conveyancing. The provision of sec. 2 for official searches is, perhaps not very important, as in so many cases it is not thought necessary to make searches. Sec. 3 on restrictions on constructive notice is well worth attention. Sees. 8 and 9, rendering powers of attorney in certain cases absolutely irrevocable are reasonable and proper provisions. Sec. 11 is an important limitation of the efEect of sec. 65 of the Conveyancing Act 1881. 45 & 46 VICT., C. 75. The Married Women's Property Act, 1882. (Commencement of Act, 1st January, 1883.) Sec. 22. — The Married Women's Property Act, 1870 and 1874 (33 & 34, Vict. c. 93, and 37 & 38 Vict. c. 50) are repealed, but this not to effect anything done there- under, or the rights, liabilities, and positions of parties married before 1st January, 1883, under such Acts. Sec. 1. — A married woman is to be capable of holding, and acquiring, and disposing of any property as her separate property, in the same manner as if she were a feme sole, and without the intervention of any trustee. She may contract in respect of her separate property, and sue and be sued as a feme sole, without her husband being joined ; and any damages or costs recovered shall be her separate property, and any recovered against her shall be payable out of her separate property, and not otherwise. Every contract entered into by her shall be deemed to be in respect of, and to bind her separate pro- perty, unless the contrary be shown, and shall bind future acquired separate estate, as well as what she then has, and if carrying on a trade apart from her husband she shall, in respect of her separate property, be liable to the bankrupt laws. PRIDEAUX'S CON"\-EYANCrN'G. 91 Sees, 2, 5. — In marriages on or after 1st January, 1883, the woman's property wliicb slie is then possessed of, and all property which she accjuires after marriage, shall be to her separate use, and this also shall be so in respect of property acquired on or after the 1st January, 18S3, by a woman mamed before then. Sec. 3. — With regard to any money or other estate lent by a woman to her husband, it shall, on his bankruptcy, be deemed his property', and he is only to have a right of proving and receiving dividends after other creditors for value have been paid. Sec. 4, — The execution of a general power of appoint- ment by- a married woman shall make the property appointed liable for her debts, &c,, as if her separate estate. Sees. 6 to 9. — All deposits in post oflSce, and other banks, annuities, stocks, or funds, which on 1st January, 1883, are standing in a married woman's name, alone, or jointly with others, or which may on or after that date be so fensferred, or standing, shall be deemed to be her separate property, with power for her to deal therewith apart from her husband and without his joining. TJiis, however, shall not require or authorise any corporation or company to admit a married woman as holder of any stocks or shares. Sec. 10. — If a woman fraudulently invests any moneys of her husband's in any annuity, stocks. Sec, in her name, husband may apply summarily, under sec. 17 of this Act, for transfer thereof to him. Nothing in this Act is to apply to render good any disposition or gift by husband to wife, which would be bad as a fraud against creditors, nor to prevent any property being considered in husband's order and disposition. Sec. 11. — A married woman may effect a policy on her own life or the life of her husband for her separate use. 92 student's guide to A man effecting a policy for the benefit of Lis wife and children, or either of them, and a woman effecting a policy for the benefit of her husband and children, or either of them, shall create a trust for them, and the proceeds of the policy shall not be subject to his or her debts, pro- vided that if policy effected or premiums paid to defraud creditors they shall be entitled to receive out of the moneys payable under the policy a sum equal to the pre- miums paid. The insured may by the iJolicy, or by any memorandum under his or her hand, appoint a trustee or trustees of the insurance money, and in default of appoint- ment, such policy shall vest in the insured, and his or her personal representatives in trust. If at the time of the death of the insured, there shall be no trustee, a trustee or trustees may be apx:)ointed by the Court under the provisions of the Trustees Act, 1850 (13 & 14 Vict. c. 60), whose receipt shall be sufficient discharge to the insurance oflS.ce. Sec. 12. — A married woman whether married before or since 1st January, 1883, shall have all civil and criminal remedies in respect of her separate property, but beyond this^ no husband or wife shall be entitled to sue the other in respect of a tort. In any proceeding, civil or criminal under this section, a husband or wife shall be competent to give evidence against each other. But no criminal proceeding shall be taken by wife against her husband under this Act, in respect of injuries done concerning her property, whilst they were living together, unless such property has been wrongfully taken by the husband when leaving or deserting, or about to leave oir desert his wife. Sees. 13 to 15. — A wife shall remain liable for her ante- nuptial debts and liabilities whether on contract or tort, and the husband shall only be liable to the extent of any property which he has or acquires with or through his wife, after deducting all payments made thereout^,, in PRIDEAUX'S COJaT.YANCIKG. 93 respect of her ante-nuptial debts. In respect of wife's ante-nuptial debts, husband and wife may be sued together or separately, but if it is not found that the husband has any such assets as aforesaid, then he is to have his costs of defence. Sec. IG. — "Wife doing anything with respect to any property of husband, whicli if done by husband with respect to property of wife, would make him liable to criminal proceedings by wife under this Act, shall in like manner be liable to criminal proceedings by husband. Sec. 17. — Any questions of title or ownership arising between husband and wife, may be decided by summary a^lication to a judge of the High Court of Justice, or to the judge' of the district county coui't, irrespective of the Ygjlvie of the property. The decision of any such judge is, however, to be subject to the ordinary rights of appeal. If the application is made in the county court, and it is in respect of propei-ty above the value of £500, the defen- dant may remove it into the High Court by certiorari, or as may be prescribed by rules of the High Com't. Sees. 18, 24. — A married woman, who is either alone, or with others, an executrix or administratis, or trustee, may generally act and sue, or be sued without her hus- band, as if she were Sifeme sole, and her husband not to be liable in respect of the trust or administration unless he has acted or intermeddled therein. Sec. 19. — Nothing in this Act is to interfere with pro- visions in any settlements, or to render inoperative any clause against anticipation ; but such a clause contained in a settlement of a woman's own property not to have effect against her ante-nuptial debts, nor is any settlement by her, of her own property, to have any greater force or validity against her creditors than a like settlement by a man would have against his creditors. Sees. 20, 21. — Married woman, having separate pro- 94 student's guide to pert}', to be liable to the x^arish for the maintenance of her husband, her children, and her grandchildren. Sec. 23. — For the purposes of this Act, the legal per- sonal representative of any married woman shall, in respect of her separate estate, have the same rights and liabilities, and be subject to the same jurisdiction as she would be if she were living. Notes. — This statute, it will be seen, repeals the Married Women's Property Acts of 1870 and 187-1, and deals, generally, with the sub- ject of married women's rights, positions, and liabilities. Some of the alterations I may specially point out. The important recent case of Pike v. Fitzgibbon, (17 'ch. D., 454 ; 50 L. J., Ch. 394 ; 29 W. E., 551), decided that the engagements of a married woman would only bind such separate estate 'as she was possessed of at the time of contracting the engagement — this is altered by sec. 1, sub-sec. 2. The case of ex ^arte Jones, in re Grissell, (12 Ch. D., 484; 48 L. J., Bk. 109), decided that a married woman could not be made a bankrupt even though possessed of separate estate — this is altered in the case of married women trading separately from theii' husbands. There is to be no limit as to the amount of property coming te a married woman which is to be to her separate estate, as with regard to women married on or after 1st January, 1883, all real and personal property which a woman is possessed of at marriage, or which devolves on her afterwards, is to be her separate property (sees. 2 and 5), and with regard to women married before the Act, this is also to be the case with regard to property devolving on them on or after 1st January, 1883. (See the former provision, 33 & 34 Vict., c. 93, sees. 7, 8.) Sec. 12 of the Act, gives a married woman civil and even criminal remedies, in some cases, against her husband in respect of his dealings with her property ; and, it enacts, that in any proceed- ings under the Act, husband and wife shall be competent to give evidence against each other. When a married woman has been appointed an executrix, the practical effect has always been that the whole duties and liabilities vest in the husband, and against his consent she can do nothing in the executorship except to continue it by her will. Sec. 18 alters this by giving her full power to act apart from her husband, and the husband is not to be liable in respect of the administration unless he has intermeddled therein. The most striking and important alteration which the Act makes is, no doubt, PRIDEAUX'S CONVEYANCING. 95 that contained in sec. 2, which I have already referred to, under ■which, when a man marries a woman, on or after 1st January, 1883, without any settlement on marriage, her whole property, which she is then possessed of, whether real or personal, and whether chose in possession or in action, remains vested in her as her separate property. UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 800 074 7