« PreviousContinue »
20. All railway companies except the “Metropolitan” shall Smoking comprovide smoking compartments for all classes, unless exempted
partments. by the Board of Trade.
22. Communication between the passengers and servants of Communication the
company in charge of the train shall be provided where the with guards, &c. trains travel more than twenty miles without stopping.
24. Trees dangerous to railways may be removed, by order Trees. of two justices, and compensation paid in respect of the same.
25. Where a person shall be injured or killed by a railway Arbitration in accident, the Board of Trade upon application in writing made
case of injury or jointly by the company and such person or his representatives, if killed, may appoint an arbitrator, who shall determine the compensation (if any) to be paid.
26. Power to a judge or arbitrator to order an examination of the injured person by a disinterested medical practitioner.
41. On the application of the company or claimant, questions Claim for comof compensation in respect of lands taken by the company or land.
pensation for injuriously affected by the execution of their works, may, if a judge of a superior court so order, be tried as an ordinary action.
REAL PROPERTY (MISCELLANEOUS ACTS).
De Donis Conditionalibus.
13 Edw. 1, c. 1.
(The Origin of Estates Tail.) Before the passing of this statute, if lands were given to a man and the heirs of his body, he was able to alienate the same the moment he had issue born, and the intention of the donor was defeated. It was therefore enacted that
2. Henceforth the will of the giver, according to the form in Will of donor to the deed of gift manifestly expressed, shall be observed, so that be observed. they to whom the land is given as aforesaid shall have no power to alien it, but it shall go to their own issue after their death, or revert to the giver or his heirs if issue fail.
18 Edw. 1, c. 1. By this statute it is enacted that it shall be lawful to every power to sell freeman except the King's tenants in capite, to sell, at his own pleasure, his land or tenements, or part of them, so that the feoffee shall hold the same of the chief lord of the same fee, by such service and customs as his feoffor held before.
An Act for Rendering a Release as Effectual for the
Conveyance of Freehold Estates as a Lease and Release by the same Parties.
4.Vict. c. 21. 1. The substance of this section is contained in the above title.
2. The recital of a lease for a year, in a release executed before the passing of this Act (May 15, 1841), shall be evidence of the execution of such lease.
An Act to Amend the Law of Real Property.
8 & 9 VICT. C. 106. Corporeal here- 2. After the 1st of October, 1845, all corporeal tenements ditaments to lie and hereditaments shall, as regards the conveyance of the in grant.
immediate freehold thereof, be deemed to lie in grant as well as
in livery. Feoffments, &c., 3. Feoffments (other than by an infant under a custom), to be by deed.
partitions and exchanges (not being copyhold), leases required by law to be in writing (a), assignments of chattel interests (not being copyhold), in any tenements or hereditaments, and surrenders in writing of an interest in any tenements or hereditaments (not being a copyhold interest or an interest which might by law have been been created without writing), made after the 1st of October, 1845, shall be void at law unless made by deed.
4. A feoffment made after the 1st of October, 1845, shall not operate by
have any tortious operation, An exchange or partition of any
tenements or hereditaments made by deed executed after that “ Give."
date shall not imply any condition in law. The word " give," or “ Grant." the word “grant,” in deeds executed after that day, shall not
imply any covenant in law in respect of any tenements or here
ditaments, except by force of any Act of Parliament. Interest under 5. Under an indenture executed after the 1st of October, 1845, deed by person an immediate estate or interest in any tenements or hereditanot a party.
ments, and the benefit of a condition or covenant respecting any tenements or hereditaments, may be taken although the taker be
Feoffment not to
(a) An instrument not under seal, and therefore void as a lease, may be valid as an agreement for a lease (Stranks v. St. John, 2 C. P. 379); and specific performance thereof may be decreed : (Crook v. Corporation of Salford, 6 Ch. 551.) And since the passing of the Judicature Act, 1873, a tenant in possession under an agreement for a lease has no longer two estates, one a legal tenancy from year to year, the other an equitable tenancy under the agreement; tbere is only one court, and the rule of equity prevails, viz., that the tenant is in the same position as if he were a lessee under a lease granted in the terms of the agreement: (Walsh » Lonsdale, 46 L. T. 859; 21 Ch. Div, 9; 52 L. J. 2, Ch.)
not named a party to such indenture. A deed executed after that day, purporting to be an indenture, shall take effect as such, although not indented. 6. After the 1st October, 1845, a contingent, an executory, Contingent, &c.,
interest dispos and a future interest, and a possibility, coupled with an interest, able by deed. in any tenements or hereditaments of any tenure, also a right of entry into or upon any tenements or hereditaments in England, whether immediate or future, vested or contingent, may be disposed of by deed; but no such disposition shall, by force only of this Act, defeat or enlarge an estate tail.
Such dispositions, if by married women, shall be made conformably to the provisions of the 3 & 4 Will. 4, c. 74 (a), relative to dispositions by married women. (6) 7. After the 1st of October, 1845, an estate or interest in any
Disclaimer by tenements or hereditaments in England, may be disclaimed by a married woman, by deed made conformably to the provisions of 3 & 4 Will. 4, c. 74. (6)
8. A contingent remainder shall be capable of taking effect, Contingent notwithstanding the determination by forfeiture, surrender, or merger of any preceding estate of freehold, as if such determination had not happened. C)
9. When the reversion expectant on lease shall, after the Reversion ex1st October, 1845, be surrendered or merge, the estate which pectant on lease. shall for the time being confer, as against the tenant under the same lease, the next vested right to the same tenements or hereditaments shall, to the extent and for the purpose of preserving such incidents to, and obligations on, the same reversion as, but for the surrender and merger thereof, would have subsisted, be deemed the reversion expectant on the same lease.
An Act to render the Assignment of Satisfied Terms
8 & 9 VICT, c. 112. 1. Every satisfied term of years which, either by express Satisfied tern. declaration or construction of law shall, on the 31st of December, 1845, be attendant upon the inheritance or reversion of any lands, shall on that day cease and determine as to the land upon the inheritance or reversion whereof such term shall be so
(a) See sect. 77, et seq., ante, p. 194.
(6) This will not be necessary if the interest accrued to the woman after the 31st December, 1882, on account of the provisions of the Married Women's Property Act, 1882, ante, p. 199.
(c) It will be seen that this section applies only to the three cases of forfeiture, surrender, or merger of the preceding estate. See, however, now, 40 & 41 Vict. c. 33, infra.
attendant, except that such term, if attendant by express declaration, shall afford the same protection against incumbrances as if it had continued to subsist, but had not been assigned after the 31st of December, 1845.
2. Every term of years becoming satisfied after the 31st of December, 1845, shall, immediately on becoming attendant, cease and determine as to the land upon the inheritance or reversion whereof such term shall become so attendant.
An Act to further Amend, the Law of Property and to
Rentcharges. 10. The release from a rentcharge of part of the hereditaof land charged. ments charged therewith shall not extinguish the whole rent
charge, but shall operate only to bar the right to recover any part thereof out of the hereditaments released, without prejudice to the rights of all persons interested in the hereditaments or property remaining unreleased and not concurring in or confirming the release.
Release of part
Execution of power of appointment by deed.
12. A deed hereafter executed in the presence of and attested by two or more witnesses in the manner in which deeds are ordinarily executed and attested, shall, so far as respects the execution and attestation thereof, be a valid execution of a power of appointment by deed or by any instrument in writing, not testamentary, notwithstanding it shall have been expressly required that a deed or instrument in writing made in exercise of such power should be executed or attested with some additional or other form of execution or attestation or solemnity. This provision shall not defeat any direction in the instrument creating the power, that the consent of any particular person shall be necessary to a valid execution thereof, or that any Act shall be performed in order to give validity to any appointment having no relation to the mode of executing and attesting the instrument; and nothing herein contained shall prevent the donee of a power from executing it conformably to the power, by writing or otherwise than by an instrument executed and attested as an ordinary deed, and to any such execution of a power this provision shall not extend.
13. Where, under a power, a bonâ fide sale shall be made of an estate with the timber thereon, or any other articles attached
Mistaken payment to tenant for life.
(a) For other sections of this Act, seo titles " Inheritance,” “Judgments," "Leases," and “ Trustees, Executors, and Administrators."
thereto, and the tenant for life or any other party to the transaction shall by mistake receive for his own benefit a portion of the purchase money, as the value of the timber, &c., the [Chancery Division) may, upon [action brought] or application in a summary way, declare that upon payment by the purchaser or claimant under him, of the full value of such timber, &c., at the time of sale, with interest, and the settlement of such principal money and interest under the direction of the court upon the parties in the opinion of the court entitled, the said sale ought to be established; and, upon such payment and settlement, the court may declare that the sale is valid. The costs of the application, as between solicitor and client, shall be paid by the purchaser or claimant under him.
Assignment of Personalty. 21. Any person shall have power to assign personal property now by law assignable, including chattels real, directly to himself and another person or persons, or corporation, by the like means as he might assign the same to another.
Purchasers. 22. Crown debts shall be re-registered every five years to Crown debts. continue to bind.
23. The bonâ fide payment to and the receipt of any person to Applic on of whom any purchase or mortgage money shall be payable upon
purchase money. any express or implied trust shall effectually discharge the person paying the same from seeing to the application, or being answerable for the misapplication thereof, unless the contrary shall be expressly declared by the instrument creating the trust or security.
24. Any seller or mortgagor of land, or of any chattels, real Concealment of or personal, or choses in action, conveyed or assigned to a falsification of purchaser (or mortgagee (a)], or the solicitor or agent of any pedigree. such seller or mortgagor, who shall, after the passing of this Act, conceal any settlement, deed, will, or other instrument, material to the title, or any incumbrance, from the purchaser (or mortgagee], or falsify any pedigree upon which the title does or may depend, in order to induce him to accept the title offered or produced to him with intent, in any of such cases, to defraud, shall be guilty of a misdemeanor punishable by fine or imprisonment, not exceeding two years, with or without hard labour, or by both, and shall also be liable to an action for damages at the suit of the purchaser or mortgagee, or those claiming under them, for any loss sustained by them or either of them in consequence of such instrument or incumbrance so concealed, or of
title deeds and
(a) 23 & 24 Vict. c. 38, s. 8.