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18 between A. of ($c.] of the one part and M. of [8°c.] of the other part WITNESSETH that in consideration of the sum of paid to A. by M. of which sum A. hereby acknowledges the receipt A. as mortgagor and as beneficial owner hereby conveys to M. All that [8c.) To hold to and to the use of M. in fee simple for securing payment on the 18 of the principal sum of
1. as the mortgage money with interest thereon at the rate of (four) per centum per annum. In witness, &c. Variations in this and subsequent forms to be made, if required, for leasehold land,
or other matter.
(A.) Deed of Statutory Transfer, Mortgagor not joining. This INDENTURE made by way of statutory transfer of mortgage the day of
18 between M. of [8c.] of the one part and T. of [&c.] of the other part supplemental to an indenture made by way of statutory mortgage dated the
18 and made between [8c.] WITNESSETH that in consideration of the sum of 1 now paid to M. by T. being the aggregate amount of I. mortgage money and 1. 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.
(B.) Deed of Statutory Transfer, a Covenantor joining. This INDENTURE made by way of statutory transfer of mortgage the day of
18 between A. of (&c.] of the first part B. of [&c.] of the second part and C. of [8c.) of the third part supplemental to an indenture made by way of statutory mortgage dated the day of
18 and made between [8c.] WITNESSETH that in consideration of the sum of 1. now paid to A. by C. being the mortgage money due in respect of the said mortgage no interest being now due and payable thereon of which sum A. hereby acknowledges the receipt A. as mortgagee with the concurrence of B. who joins herein as covenantor hereby conveys and transfers to C. the benefit of the said mortgage. In witness, &c.
(C.) Statutory Transfer and Statutory Mortgage combined. THIS INDENTURE made by way of statutory transfer of mortgage and statutory mortgage the day of
18 between A. of [&c.] of the first part B. of ($c.) of the second part and C. of [gc.) of the third part supplemental to an indenture made by way of statutory mortgage dated the
18 and made between [&c.] WHEREAS the principal sum of I. only remains due in respect of the said mortgages as the mortgage money and no interest is now due and payable thereon AND WHEREAS B. is seised in fee simple of the land comprised in the said mortgage subject to that mortgage Now This INDENTURE WITNESSETH that in consideration of the sum of
1. now paid to A. by C. of which sum A. hereby acknowledges the receipt and B. hereby acknowledges the payment and receipt as aforesaid * A. as mortgagee hereby conveys and transfers to C. the benefit of said mortgage AND THIS INDENTURE ALSO WITNESSETH that for the same consideration A. as mortgagee and according to his estate and by direction of B. hereby conveys and B. as beneficial owner hereby conveys and confirms to C. All that
[&c.] To hold to and to the use of C. in fee simple for securing payment
1. as the mortgage money with interest thereon at the rate of [four) per centum per annum.
In witness, &c.
[Or, in case of further advance, after aforesaid at * insert and also in consideration of the further sum of I now paid by C. to B. of which sum B. hereby acknowledges the receipt, and after of at † insert the sams of I. and 1. making together 2.] ** Variations to be made, as required, in case of the deed being made by indorsement,
or in respect of any other thing.
18 between C. of [&c.] of the one part and B. of [8c.] of the other part supplemental to an indenture made by way of statutory transfer of mortgage dated the
18 and made between [&c.] WITNESSETH that in consideration of all principal money and interest due under that indenture having been paid of which principal and interest C. hereby acknowledges the receipt C. as mortgagee hereby conveys to B. all the lands and hereditaments now vested in C. under the said indenture To hold to and to the use of B. in fee simple discharged from all principal money and interest secured by and from all claims and demands under the said indenture. In witness, &c.
Variations as noted above.
The Conveyancing Act, 1882.
Mortgages. 12. The right of the mortgagor, under section fifteen of Reconveyance on the Conveyancing Act of 1881 (a), to require a mortgagee, mortgage. instead of reconveying, 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 mortgagor, notwithstanding any intermediate incumbrance; but a requisition of an incumbrancer 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.
33 Vict. c. 14. 2. Real and personal property of every description (6) may be Oapacity of held and disposed of by an alien in the same manner as by a
property. natural-born British subject, and a title to real and personal
aliens as to
(a) Ante, p. 216.
(6) Except a British ship (sect. 14).
property of every description may be derived through, from, or in succession to an alien in like manner.
Proviso: This section shall not entitle an alien to-(1.) Hold real property out of the United Kingdom. (2.) Any rights or privileges as a British subject, except such in respect of property
as are hereby expressly given to him. Jury de medietate 5. Aliens are no longer to be entitled to be tried by a jury de lingue.
medietate linguee. Certificate of 7. An alien may obtain a certificate of naturalization from the naturalisation.
Secretary of State in the manner mentioned in this section, and shall then be entitled to all the rights and privileges and be subject to all obligations of a natural-born British subject.
The Naturalization Act, 1872.
35 & 36 VICT. C. 39. After reciting the supplementary Convention (a) signed at
Washington, 23rd February, 1872, it is enactedRenunciation of 2. Any renunciation of naturalization or of nationality in nationality.
manner provided by the said supplementary Convention by the persons and under the circumstances in the said convention in that behalf mentioned, shall be valid and shall be deemed to be
authorised by the Naturalization Act, 1870. Property of 3. Nothing contained in the Naturalization Act, 1870, shall married women.
deprive any married woman of any estate or interest in real or personal property to which she may have become entitled previously to the passing of that Act, or affect such estate or interest to her prejudice.
13 & 14 Vict. 0. 21. Meaning of 4. Words importing the masculine gender shall be taken to certain words in include females, and the singular to include the plural, and the
plural the singular, unless the contrary is expressly provided.
The word “ month” shall mean calendar month unless words be added showing a lunar month to be intended,
County” shall also mean county of a town or city, unless such extended meaning is expressly excluded by words.
“Land” shall include messuages, tenements, and hereditaments, houses, and buildings, unless where there are words to
(a) For a copy of the Convention see the schedule to the Act: (Paterson's Pract. Stat. 1872, p. 128 ; 1 Chitty's Statutes, 4th edit. 87.)
exclude houses and buildings, or to restrict the meaning to
and “affidavit,” shall include affirmation, declaration, affirming, and declaring in the case of persons by law allowed to declare or affirm insteading of swearing. 5. Where any Act repealing in whole or in part any former Act Where repealing
Act repealed. is itself repealed, such former Act or provisions shall not be revived unless words be added reviving such Act or provisions.
6. The repealed provisions of any Act shall remain in force Repealed proviuntil the substituted provisions (if any) come into force.
7. Every Act made after the commencement of this Act shall “ Public Act.” be taken to be a public Act, and shall be judicially taken notice of as such unless the contrary be expressly provided and declared by such Act.
Statutes (Definition of Time) Act, 1880.
43 & 44 VICT. C. 9. 1. Whenever any expression of time occurs in any Act of Parlia- Meaning of ment, deed, or other legal instrument, the time referred to shall, lating to time. unless it is otherwise specifically stated, be held in the case of Great Britain to be Greenwich mean time, and in the case of Ireland, Dublin mean time.
31 & 32 VICT. 0. 40. 3. In a suit for partition where, if this Act had not been Power to court passed, a decree for partition might have been made, if it appears stead of division, to the court (b) that by reason of the nature of the property, or the number of the parties interested, or presumptively interested therein, or of the absence of disability of some of those parties, or any other circumstance, a sale of the property and distribution of proceeds would be more beneficial for the parties interested than a division of the property, the court may, on the request of any of the parties interested, notwithstanding the dissent of others, direct a sale, and give necessary directions. (c) 4. In a like suit, if a party or parties interested individually Sale on applica
tion of parties. (a) See also 8 & 9 Vict. c. 106, 58. 3 and 4, title, “ Real Property (Miscellaneous Acts).”
(6) I.e., the Chancery Division (sect. 2).
(c) The court can order a partition or sale even if the property is subject to a power of sale vested in trustees who are able and willing to exercise sucho power. This will not be done, however, when the trustees are intending to exercise the power: (Boyd v. Allen, 48 L. T. 628.)
Proceeds of sale.
or collectively, to the extent of one moiety or upwards in the property, request the court to direct a sale and distribution of proceeds, instead of a division of the property, the court shall, unless it sees good reason to the contrary, direct a sale, and give
necessary directions. (a) As to purchase 5. In a like suit, if any party interested requests the court to of share of party direct a sale instead of a division of the property, the court may, desiring sale.
unless the other parties, or some of them, undertake to purchase the share of the party requesting the sale, direct a sale, and give necessary directions ; and, in case such undertaking shall be given, may order a valuation of the share, and give necessary
directions. (6) Anthority for 6. On any sale under this Act, the court may allow any of the parties interested to bid. parties interested to bid, on such terms, as to non-payment of
deposit, or as to setting off or accounting for the purchase money, or any part thereof, instead of paying the same, or as to
any other matters, as to the court shall seem reasonable. Trustee Act, 7. Sect. 30 of the Trustee Act, 1850, shall apply to sales under
this Act. (c)
8. Sects. 23, 24, and 25, of the 19 & 20 Vict. c. 120 (d), shall apply to the proceeds of sales under this Act.
9. Any person who, if this Act had not passed, might have partition suits
maintained a suit for partition, may maintain the same against one or more of the parties interested, without serving the other or others. No defendant shall object for want of parties. At the hearing, the court may direct inquiries as to the nature of the property, persons interested, and other matters, with a view to an order for partition or sale, on further consideration. The persons who, if this Act had not passed, would have been necessary parties to the suit, shall be served with notice of the decree or order made on the hearing, and after notice, shall be bound, and
(a) The court can refuse a sale where it is manifestly asked through vindictive feeling, or is on any other ground unreasonable: (Lord Hatherley, in Pemberton v. Barnes, 6 Ch. 693.)
(6) Sect. õ is not to be construed as a proviso on the 3rd and 4th sections, but as a substantive enactment : (Pitt v. Jones, 43 L. T. 385 ; 5 H. of L. 651; 50 L. J. 795, Ch.) In consequence of this decision, a plaintiff in a partition action who desires a sale must expressly state in his pleadings that a sale will be more beneficial. The mere statement of facts which tend primâ facie to show that a sale will be more convenient, but which do not exclude the operation of sect. 5, will not debar the defendant from insisting on a partition on offering to buy the plaintiff's interest: (Evans v. Evans, 48 L. T. 567 ; 52 L. J. 304, Ch.)
(c) Sect. 1 of the Trustee Estension Act (15 & 16 Vict. c. 55) also applies to sales under the Partition Acts: (Beckett v. Sutton, 46 L. T. 481; 19 Ch. Div. 646 ; 51 L. J. 432, Ch.) For these sections see post, title, “ Trustees, Executors, and Administrators."
(d) This Act has been repealed, but sects. 34, 35, and 36 of 40 & 41 Vict. c. 18 (see title " Settled Estates "), are similar in effect to sects. 23, 24, and 25 of 19 & 20 Vict. c. 120.