Employment of puffer. Rule as to sale any claim made by any person under such pedigree, but whose right was concealed by the falsification thereof. In estimating such damages where the estate shall be recovered from such purchaser or mortgagee, or those claiming under them, regard shall be had to any expenditure by them or either of them in improvements of the land. No such prosecution shall be commenced without the sanction of the Attorney-General, or, in case that office be vacant, of the Solicitor-General; and no such sanction shall be given without such previous notice of the application for leave to prosecute to the person intend to be prosecuted, as the Attorney-General or the Solicitor-General (as the case may be) shall direct. Sale of Land by Auction Act, 1867. 4. Whenever a sale by auction of land (a) would be invalid at law by reason of the employment of a puffer, the same shall also be deemed invalid in equity. 5. The particulars or conditions of sale of any land shall state without reserve. whether the same will be sold without reserve, or subject to a reserved price, or whether a right to bid is reserved; if it is stated that such land will be sold without reserve, or to that effect, it shall not be lawful for the seller to employ any person to bid at the sale, or for the auctioneer to take knowingly any bidding from such person. (b) Power of seller to bid. Opening biddings. Forty years title substituted for sixty years. 6. Where any sale by auction of land is declared in any particulars or conditions to be subject to a right for the seller to bid, it shall be lawful for the seller, or any one person on his behalf, to bid at the auction in such manner as he may think proper. (b) 7. The practice of opening biddings by order of the Court of Chancery shall be discontinued unless on the ground of fraud, or improper conduct in the management of the sale. The Vendor and Purchaser Act, 1874. 37 & 38 VICT. c. 78. 1. In the completion of any contract of sale of land made (a) "Land" here means "any interest in any messuages, lands, tenements, or hereditaments of whatever tenure :" (sect. 3.) (b) If the conditions state the sale is subject to a reserve bidding, it is illegal to employ a person to bid up to the reserved price, unless the right to do so is expressly stipulated for: (Gilliat v. Gilliat, 9 Eq. 60.) But where the vendor reserved a right to bid once, and the auctioneer, with his sanction, bid thrice, whereupon the vendor stated the reserve price, the sale was held voidable at the purchaser's option: (36 L. T. 251.) after 31st December, 1874, and subject to any stipulation to the contrary in the contract, forty years shall be substituted as the period of commencement of title which a purchaser may require in place of sixty years, the present period of such commencement; but earlier title than forty years may be required in cases similar to those in which earlier title than sixty years may now be required. (a) lating obliga 2. In the completion of any such contract, and subject to any Rules for regustipulation to the contrary in the contract, the obligations and tions and rights rights of vendor and purchaser shall be regulated by the following of vendor and rules : (1.) Under a contract to grant or assign a term of years, whether derived or to be derived out of a freehold (2.) Recitals, statements, and description of facts, matters, and (3.) The inability of the vendor to furnish the purchaser with a legal covenant to produce and furnish copies of documents of title shall not be an objection to title in case the purchaser will, on the completion of the contract, have an equitable right to the production of such documents. (4.) Such covenants for production as the purchaser can and shall require shall be furnished at his expense, and the vendor shall bear the expense of perusal and execution on behalf of and by himself, and on behalf of and by necessary parties other than the purchaser. (5) Where the vendor retains any part of an estate to which any documents of title relate he shall be entitled to retain such documents. purchaser. 3. Trustees who are either vendors or purchasers may sell or Trustees. buy without excluding the application of sect. 2. 6. When any freehold or copyhold hereditament shall be Married woman. vested in a married woman as a bare trustee, she may convey or surrender the same as if she were a feme sole. 8. Where the will of a testator devising land in Middlesex or Non-registration Yorkshire has not been registered within the period allowed by Middlesex, &c. (a) E.g., an advowson, to which the title for one hundred years may be required in absence of a stipulation to the contrary. of will in Cases in which contingent remainders capable of taking effect. law in that behalf, (a) an assurance of such land to a purchaser or mortgagee by the devisee or by some one deriving title under him shall, if registered before, take precedence of and prevail over any assurance from the testator's heir-at-law. 9. A vendor or purchaser of real or leasehold estate, or their representatives respectively, may at any time and from time to time apply in a summary way to a judge of the [Chancery Division in chambers, in respect of any requisitions or objections, or any claim for compensation, or any other question arising out of or connected with the contract (not being a question affecting the existence or validity of the contract), and the judge shall make such order as to him shall appear just, and shall order how and by whom all or any of the costs of and incident to the application shall be borne and paid. (b) Contingent Remainders Act. 40 & 41 VICT. c. 33. 1. Every contingent remainder created by any instrument executed after the passing of this Act, (c) or by any will or codicil revived or republished by any will or codicil executed after that date, in tenements or hereditaments of any tenure, which would have been valid as a springing or shifting use, or executory devise, or other limitation, had it not had a sufficient estate to support it as a contingent remainder, shall, in the event of the particular estate determining before the contingent remainder vests, be capable of taking effect as if the contingent remainder had originally been created as a springing or shifting use, or executory devise, or other executory limitation. (a) Six months from death of testator, dying in Great Britain, or three years from death if dying upon or beyond the sea: (7 Anne, c. 20, s. 8; 2 & 3 Anne, c. 4, s. 20.) (b) Short points of law or construction arising upon the abstract, or upon the requisitions, or in respect of the contract, may be brought before the judge, but not questions of disputed facts: (Popple v. Barratt, 25 W. R. 248.) A purchaser who has obtained an order on summons which has disposed of every objection which he thought fit to raise, and under which the vendor has been ordered to make compensation, is not entitled to bring an action for specific performance; but, if the vendor does not comply with the order, the purchaser should apply in chambers to get it enforced: (Thompson v. Ringer, 44 L. T. 507.) Return of deposit with interest may be ordered on a summons under this section: (Re Smith and Stott's contract, 48 L. T. 512.) For the practice under this section, see Haynes's Chancery Practice, p. 359. (c) 2nd August, 1877. The Conveyancing and Law of Property Act, 1881. 44 & 45 VICT. c. 41. (a) I. PRELIMINARY. 1. (1.) This Act may be cited as "The Conveyancing and Law Short title; comof Property Act, 1881." (2.) This Act shall commence and take effect from and immediately after the 31st December, 1881. (3.) This Act does not extend to Scotland. 2. In this Act mencement; extent. Interpretation of (i.) Property, unless a contrary intention appears, includes terms. real and personal property, and any estate or interest in any property real or personal, and any debt, and any thing in action, and any other right or interest: (ii.) Land, unless a contrary intention appears, includes land of any tenure, and tenements and hereditaments, corporeal or incorporeal, and houses and other buildings, also an undivided share in land: (iii.) In relation to land, income includes rents and profits, and possession includes receipt of income: (iv.) Manor includes lordship, and reputed manor or lordship: (v.) Conveyance, unless a contrary intention appears, includes assignment, appointment, lease, settlement, and other assurance, and covenant to surrender, made by deed, on a sale, mortgage, demise, or settlement of any property, or on any other dealing with or for any property; and convey, unless a contrary intention appears, has a meaning corresponding with that of conveyance : (vi.) Mortgage includes any charge on any property for securing money or money's worth; and mortgage money means money, or money's worth, secured by a mortgage; and mortgagor includes any person from time to time deriving title under the original mortgagor, or entitled to redeem a mortgage, according to his estate, interest, or right in the mortgaged property; and mortgagee includes any person from time to time deriving title under the original mortgagee; and mortgagee in possession is, for the purposes of this Act, a mortgagee who, in right of the mortgage, has entered into and is in possession of the mortgaged property: (vii.) Incumbrance includes a mortgage in fee, or for a less estate, and a trust for securing money, and a lien, and a charge of a portion, annuity, or other capital or annual sum; and incumbrancer has a meaning corresponding with that of incum (a) For other sections of this Act, see ante, pp. 129, 171, 198, 216, 256. Application of brance, and includes every person intitled to the benefit of an incumbrance, or to require payment or discharge thereof: (viii.) Purchaser, unless a contrary intention appears, includes a lessee or mortgagee, and an intending purchaser, lessee, or mortgagee, or other person, who, for valuable consideration, takes or deals for any property; and purchase, unless a contrary intention appears, has a meaning corresponding with that of purchaser; but sale means only a sale properly so called : (ix.) Rent includes yearly or other rent, toll, duty, royalty, or other reservation, by the acre, the ton, or otherwise; and fine includes premium or fore-gift, and any payment, consideration, or benefit in the nature of a fine, premium, or fore-gift: (x.) Building purposes include the erecting and the improving of, and the adding to, and the repairing of buildings; and a building lease is a lease for building purposes or purposes connected therewith: (xi.) A mining lease is a lease for mining purposes; that is, the searching for, winning, working, getting, making merchantable, carrying away or disposing of mines and minerals, or purposes connected therewith, and includes a grant or licence for mining purposes : (xii.) Will includes codicil: (xiii.) Instrument includes deed, will, inclosure award, and Act of Parliament : (xiv.) Securities include stocks, funds, and shares : (xv.) Bankruptcy includes liquidation by arrangement, and any other act or proceeding in law having, under any Act for the time being in force, effects or results similar to those of bankruptcy; and bankrupt has a meaning corresponding with that of bankruptcy: (xvi.) Writing includes print; and words referring to any instrument, copy, extract, abstract, or other document include any such instrument, copy, extract, abstract, or other document being in writing or in print, or partly in writing and partly in print: (xvii.) Person includes a corporation : (xviii.) Her Majesty's High Court of Justice is referred to as the court. II. SALES AND OTHER TRANSACTIONS. Contracts for Sales. 3. (1.) Under a contract to sell and assign a term of years stated conditions derived out of a leasehold interest in land, the intended assign shall not have the right to call for the title to the leasehold reversion. of sale to all purchases. (2.) Where land of copyhold or customary tenure has been converted into freehold by enfranchisement, then, under a |