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said in respect of part only of such property, such licence shall not destroy the right of re-entry in case of breach of the covenant or condition by the co-lessees or owners of other shares or interests in the property, by the lessee or owner of the rest of the property (as the case may be) in respect of such shares or interests or remaining property.

3. Where the reversion upon a lease is severed and the rent is Apportionment legally apportioned, the assignee of each part of the reversion of conditions of

shall, in respect of the apportioned rent allotted or belonging to him, have the benefit of all conditions of re-entry for non-payment of the original rent as if the same had been reserved to him as incident to his part of the reversion in respect of the apportioned rent allotted or belonging to him.

of

An Act to further amend the Law of Property.

23 & 24 Vict. 0. 38. (a) 6. Where an actual waiver of the benefit of any covenant or Effect of waiver condition in any lease on the part of any lessor or his heirs, covenant. executors, administrators, or assigns, shall be proved to have taken place after the passing of this Act in any one particular instance, such actual waiver shall not be assumed or deemed to extend to any instance or any breach of covenant or condition other than that to which such waiver shall specially relate, unless a contrary intention shall appear.

to run with

The Conveyancing Act, 1881.
44 & 45 Vict. 0. 41. (6)

III.-LEASES. 10.-(1.) Rent reserved by a lease, and the benefit of every Rent and benefit covenant or provision therein contained, having reference to the of lessce's.covo subject matter thereof, and on the lessee's part to be observed reversion. or performed, and every condition of re-entry and other condition therein contained, shall be annexed and incident to and shall go with the reversionary estate in the land, or in any part thereof, immediately expectant on the term granted by the lease, notwithstanding severance of that reversionary estate, and shall be capable of being recovered, received, enforced, and taken advantage of by the person from time to time entitled, subject to the term, to the income of the whole or any part, as the case may require, of the land leased.

2

(a) For other sections of this Act, see titles “ Judgments” and “Real Property (Miscellaneous Acts)."

(6) And see sect. 67, post, title “ Real Property (Miscellaneous Acts)."

(2.) This section applies only to leases made after the com

mencement of this Act. Obligation of 11.-(1.) The obligation of a covenant entered in to by a lessor nants to run with with reference to the subject-matter of the lease shall, if and as reversion. far as the lessor has power to bind the reversionary estate

immediately expectant on the term granted by the lease, be annexed and incident to and shall go with that reversionary estate, or the several parts thereof, notwithstanding severance of that reversionary estate, and may be taken advantage of and enforced by the person in whom the term is from time to time vested by conveyance, devolution in law, or otherwise ; and if and as far as the lessor has power to bind the person from time to time entitled to that reversionary estate, the obligation aforesaid may be taken advantage of and enforced against any person so entitled.

(2.) This section applies only to leases made after the com

mencement of this Act. Apportionment 12.-(1.) Notwithstanding the severance by conveyance, surof conditions on severance, &c. render, or otherwise, of the reversionary estate in any land

comprised in a lease, and notwithstanding the avoidance or cesser in

any other manner of the term granted by a lease as to part only of the land comprised therein, every condition or right of re-entry, and every other condition, contained in the lease, shall be apportioned, and shall remain annexed to the severed parts of the reversionary estate as severed, and shall be in force with respect to the term whereon each severed part is reversionary, or the term in any land which has not been surrendered, or as to which the term has not been avoided or has not otherwise ceased, in like manner as if the land comprised in each severed part, or the land as to which the term remains subsisting, as the case may be, had alone originally been comprised in the lease.

(2.) This section applies only to leases made after the com

mencement of this Act. On sub-demise, 13.(1.) On a contract to grant a lease for a term of years to title to leasehold be derived out of a leasehold interest, with a leasehold reversion, be required. the intended lessee shall not have the right to call for the title to

that reversion.

(2.) This section applies only if and as far as a contrary intention is not expressed in the contract, and shall have effect subject to the terms of the contract and to the provisions therein contained.

(3.) This section applies only to contracts made after the commencement of this Act.

Forfeiture. Restrictions on 14.(1.) A right of re-entry or forfeiture under any proviso and relief against forfeiture of

or stipulation in a lease, for a breach of any covenant or condition leases.

a

reversion not to

a

a

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in the lease, shall not be enforceable, by action or otherwise, unless and until the lessor serves on the lessee a notice specifying the particular breach complained of, and, if the breach is capable of remedy, requiring the lessee to remedy the breach, and in any case, requiring the lessee to make compensation in money for the breach, and the lessee fails, within a reasonable time thereafter, to remedy the breach, if it is capable of remedy, and to make reasonable compensation in money, to the satisfaction of the lessor, for the breach.

(2.) Where a lessor is proceeding, by action or otherwise, to enforce such a right of re-entry or forfeiture, the lessee may, in the lessor's action, if any, or in any action brought by himself, apply to the court for relief ; and the court may grant or refuse relief, as the court, having regard to the proceedings and conduct of the parties under the foregoing provisions of this section, and to all the other circumstances, think fit; and in case of relief may grant it on such terms, if any, as to costs, expenses, damages, compensation, penalty, or otherwise, including the granting of an injunction to restrain any like breach in the future, as the court, in the circumstances of each case, thinks fit.

(3.) For the purposes of this section a lease includes an original or derivative underlease, also a grant at a fee farm rent, or securing a rent by condition; and a lessee includes an original or derivative under-lessee, and the heirs, executors, administrators, and assigns of a lessee, also a grantee under such a grant as aforesaid, his heirs and assigns; and a lessor includes an original or derivative under-lessor, and the heirs, executors, administrators, and assigns of a lessor, also a grantor as aforesaid, and his heirs and assigns.

(4.) This section applies although the proviso or stipulation under which the right of re-entry or forfeiture accrues is inserted in the lease in pursuance of the directions of any Act of Parliament.

(5.) For the purposes of this section a lease limited to continue as long only as the lessee abstains from committing a breach of covenant shall be and take effect as a lease to continue for any longer term for which it would subsist, but determinable by a proviso for re-entry on such a breach. (6.) This section does not extend(i.) To a covenant or condition against the assigning,

underletting, parting with the possession, or disposing of the land leased; or to a condition for forfeiture on the bankruptcy of the lessee, or on

the taking in execution of the lessee's interest; or (ii.) In case of a mining lease, to a covenant or condition

for allowing the lessor to have access to or inspect books, accounts, records, weighing machines or

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other things, or to enter or inspect the mine or

the working thereof. (8.) This section shall not affect the 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 commencement of this Act, and shall have effect notwithstanding any stipulation to the contrary.

Contract for

title to

The Conveyancing Act, 1882.

45 & 46 Vict. c. 39. 4.-(1) Where a lease is made under a power contained in a lease not part of settlement, will, Act of Parliament, or other instrument, any

preliminary contract for or relating to the lease shall not, for the purpose of the deduction of title to an intended assign, form part of the title, or evidence of the title, to the lease.

(2.) This section applies to leases made either before or after the commencement of this Act.

LEGACY DUTY. An Act for repealing the Stamp Duties on . . . . Legacies ; and for granting other duties in lieu thereof.

55 Geo. 3, c. 184.

Schedule of Legacy Duties.
(Where the testator, testatrix, or intestate shall have died after 5th

April, 1805.)
Applicable to legacies of any description, and clear residues.

Where any such legacy or residue, or any share of such
residue, shall have been given, or have devolved, to or for the
benefit of -
A child of the deceased, or any descendant of a child of the

deceased, or to or for the benefit of the father or mother, or any lineal ancestor of the deceased ; a duty at the rate

of [0 (a)] per cent. on the amount or value thereof. A brother or sister of the deceased, or any descendant of a

brother or sister of the deceased ; a duty at and after the

rate of 31. per cent. on the amount or value thereof. A brother or sister of the father or mother of the deceased, or

any descendant of a brother or sister of the father or mother of the deceased ; a duty at and after the rate of 51. per cent. on the amount or value thereof.

a

6

(a) See 44 Vict. c. 12, s. 42, post, Part. II., title “Probate Acts."

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A brother or sister of a grandfather or grandmother of the

deceased, or any descendant of a brother or sister of a grandfather or grandmother of the deceased : a duty at and after the rate of 61. per cent. on the amount or value

thereof. Any person in any other degree of collateral consanguinity to

the deceased, or to or for the benefit of any stranger in blood to the deceased ; a duty at and after the rate of 101.

per cent. on the amount or value thereof. And all gifts of annuities, or by way of annuity (a) or of any other partial benefit or interest, out of any such estate or effects as aforesaid, shall be deemed legacies within the intent and meaning of this schedule.

Exemptions. Legacies and residues, or shares of residue given or devolving to or for the benefit of the husband or wife of the deceased, or to or for the benefit of any of the Royal family.

And all legacies which were exempted from duty by 39 Geo. 3, c. 73, for exempting certain specific legacies given to bodies corporate, or other public bodies, from the payment of duty.

LIBEL.
An Act to Amend the Law respecting defamatory Words

and Libel.

6 & 7. Vict. c. 96. 1. In any action for defamation the defendant may (after Evidence may be notice in writing to be given to the plaintiff on filing or delivering given of apology. plea) give in evidence in mitigation of damages that he made or offered an apology to the plaintiff for such defamation before action, or as soon after as he had an opportunity in case the action shall have been commenced before there was an opportunity to do so.

2. In an action for a libel in a newspaper or periodical, the Action for libel defendant may plead that it was inserted without actual malice in newspaper, and without gross negligence, and that before action, or at the earliest opportunity (b) after, he inserted in such newspaper or periodical a full apology, or if such newspaper or periodical

c.

(a) The value of annuities is calculated in manner provided by the Succession Duty Act (16 & 17 Vict. c. 51).

(6) A libel appeared on the 6th Jan. The attention of the defendant was called to it on the 13th, action was commenced on the 21st, and on the 6th Feb. an apology was published. Held, that the apology had not been published at the earliest opportunity:" (Ravenhill v. Upcott, 9 Bar. Rep.

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