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affirmations taken and made in various Departments of the State, and to substitute declarations in lieu thereof; and for the more entire suppression of voluntary and extra-judicial oaths and affidavits” and to make other provisions for the abolition of unnecessary oaths.
[For Third Schedule, see ante, p. 225.] THE FOURTH SO HEDULE.
SHORT FORMS OF DEEDS.
I.-Mortgage. THIS INDENTURE OF MORTGAGE made the
18 between A. of [&c.] of the one part and B. of [&c.] and C. of ($c.) of the other part WITNESSETH that in consideration of the sum of to A. by B. and C. out of money belonging to them on a joint account of which sum A. hereby acknowledges the receipt A. hereby covenants with B. and C. to pay to them on the
18 the sum of 1. with interest thereon in the meantime at the rate of [four] per centum per annum and also as long after that day as any principal money remains due under this mortgage to pay to B. and C. interest thereon at the same rate by equal half-yearly payments on the
day of and the
AND THIS INDENTURE ALSO WITNESSETH that for the same consideration A. as beneficial owner hereby conveys to B. and C. All that [gc.) To hold to and to the use of B. and C. in fee simple subject to the proviso for redemption following (namely) that if A. or any person claiming under him shall on the
pay to B. and C. the sum of
1. and interest thereon at the rate aforesaid then B. and C. or the persons claiming under them will at the request and cost of A. or the persons claiming under him reconvoy the premises to A. or the persons claiming under him AND A. hereby covenants with B. as follows (here add covenant as to fire insurance or other special covenants required]. In witnoss, &c.
II.-Further Charge. This INDENTURE made the
18 between (the same parties as the foregoing mortgage] and supplemental to an indenture of morigage dated the
18 and made between the same parties for securing the sum of I. and interest at [four] per centum per annum on property at [&c.] WITNESSETH that in consideration of the further sum of 1. paid to A. by B. and C. out of money belonging to them on a joint account [add receipt and covenant as in the foregoing mortgage] and further that all the property comprised in the beforementioned indenture of mortgage shall stand charged with the payment to B. and C. of the sum of I. and the interest thereon hereinbefore covenanted to be paid as well as the sum of 1. and interest secured by the same indenture. In witness, &c.
III.-Conveyance on Sale. THIS INDENTURE made the
18 between A. of [8c.) of the 1st part B. of (fc.] and C. of ($c.] of the 2nd part and M. of [gc.) of the 3rd part WHEREAS by an indenture dated [8c.) and made between [&c.] the lands hereinafter mentioned were conveyed by A. to B. and C. in fee simple by way of mortgage for securing 1. and interest and by a supplemental indenture dated [&c.) and made between the same parties those lands were charged by A. with the payment to B. and C. of the further sum of 1. and interest thereon AND WHEREAS a principal sum of
1. remains due under the two before-mentioned indentures but all interest thereon has been paid as B. and C. hereby acknowledge Now
THIS INDENTURE WITNESSETH that in consideration of the sum of
1. paid by the direction of A. to B. and C. and of the sum of to A. those two sums making together the total sum of l. paid by M. for the purchase of the fee simple of the lands hereinafter mentioned of which sum of
1. B. and C. hereby acknowledge the receipt and of which total sum of 1 A. hereby acknowledges the payment and receipt in manner before mentioned B. and C. as mortgagees and by the direction of A. as beneficial owner hereby convey and A. as beneficial owner hereby conveys and confirms to M. All that [&c.] To hold to and to the use of M. in fee simple discharged from all money secured by and from all claims under the bofore-mentioned indentures [Add, if required, And A. hereby acknowledges the right of M. to production of the documents of title mentioned in the schedule hereto and to delivery of copies thereof and hereby undertakes for the safe custody thereof.] In witness, &c.
[The Schedule above referred to.
18 between John M. of [8c.) of the 1st part Jane S. of (&c.] of the 2nd part and X. of [8c.) and Y. of (&c.] of the 3rd part WITNESSETH that in consideration of the intended marriage between John M. and Jane S. John M. as settlor hereby conveys to X. and Y. All that [&c.] to hold to X. and Y. in fee simple to the use of John M. in fee simple until the marriage and after the marriage to the use of John M. during his life without impeachment of waste with remainder after his death to the use that Jane S. if she survives him may receive during the rest of her life a yearly jointure rentcharge of I. to commence from his death and to be paid by equal half-yearly payments the first thereof to be made at the end of six calendar months from his death if she is then living or if not a proportional part to be paid at her death and subject to the before-mentioned rentcharge to the use of X. and Y. for a term of five hundred years without impeachment of waste on the trusts hereinafter declared and subject thereto to the use of the first and other sons of John M. and Jane S. successively according to seniority in tail male with remainder [insert here, if thought desirable, to the use of the same first and other sons successively according to seniority in tail with remainder] to the use of all the daughters of John M. and Jane S. in equal shares as tenants in common in tail with cross remainders between them in tail with remainder to the use of John M. in fee simple [Insert trusts of term of 500 years for raising portions; also, if required, power to charge jointure and portions on a future marriage ; also powers of sale, exchange, and partition, and other powers and provisions, if and as desired.]
In witness, &c.
The Conveyancing Act, 1882.
45 & 46 VICT. C. 39.
Preliminary. 1. (2.) This Act, except where it is otherwise expressed, shall commence and take effect from and immediately after the thirtyfirst day of December one thousand eight hundred and eightytwo, which time is in this Act referred to as the commencement of this Act.
(4.) In this Act and in the Schedule thereto
(i.) Property includes real and personal property, and any debt
and any thing in action, and any other right or interest
in the nature of property, whether in possession or not: (ii.) Purchaser includes a lessee, or mortgagee, or an intend
ing purchaser, lessee, or mortgagee, or other person,
Searches. 2. (1.) Where any person requires, for purposes of this section, oficial negative search to be made in the Central Office of the Supreme Court and other certifiof Judicature for entries of judgments, deeds, or other matters for judgments,
Crown debts, &c. or documents, whereof entries are required or allowed to be made in that office by any Act described in Part I. of the first schedule to the Conveyancing Act of 1881, or by any other Act, he may deliver in the office a requisition in that behalf, referring to this section.
(2.) Thereupon the proper officer shall diligently make the search required, and shall make and file in the office a certificate setting forth the result thereof; and office copies of that certificate shall be issued on requisition, and an office copy shall be evidence of the certificate.
(3.) In favour of a purchaser, as against persons interested under or in respect of judgments, deeds, or other matters or documents, whereof entries are required or allowed as aforesaid the certificate, according to the tenure thereof, shall be conclusive, affirmatively or negatively, as the case may be.
(4.) Every requisition under this section shall be in writing, signed by the person making the same, specifying the name against which he desires search to be made, or in relation to which he requires an office copy certificate of result of search, and other sufficient particulars; and the person making any such requisition shall not be entitled to a search, or office copy certificate, until he has satisfied the proper officer that the same is required for the purposes of this section. (5.) [As to the making of general rules.]
any officer, clerk, or person employed in the office commits, or is party or privy to, any act of fraud or collusion, or is wilfully negligent, in the making of or otherwise in relation to any certificate or office copy under this section, he shall be guilty of a misdemeanour.
(7.) Nothing in this section or in any rule made thereunder shall take away, abridge, or prejudicially affect any right which any person may have independently of this section to make any search in the office; and every such search may be made as if this section or any such rule had not been enacted or made.
Restriction on constructive notice.
(8.) Where a solicitor obtains an office copy certificate of result of search under this section, he shall not be answerable in respect of any loss that may arise from error in the certificate.
(9.) Where the solicitor is acting for trustees, executors, agents, or other persons in a fiduciary position, those persons shall not be so answerable. (10.) Where such persons obtain such an office copy
without a solicitor, they shall also be protected in like manner.
(11.) Nothing in this section applies to deeds enrolled under the Fines and Recoveries Act, or under any other Act, or under any statutory rule.
Notice. 3. (1.) A purchaser shall not be prejudicially affected by notice of any instrument, fact, or thing unless(i.) It is within 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 solicitor, or other agent, as such, or would have come to the knowledge of his solicitor, or other agent, as such, if such inquiries and inspections had been made as ought reasonably to have been made by the solicitor or other
agent. (2.) This section shall not exempt a purchaser from any liability under, or any obligation to perform or observe, any covenant, condition, provision, or restriction contained in any instrument under which his title is derived, mediately or immediately ; and such liability or obligation may be enforced in the same manner and to the same extent as if this section had not been enacted.
(3.) A purchaser shall not by reason of anything in this section be affected by notice in any case where he would not have been so affected if this section had not been enacted.
(4.) 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.
Restriction on executory limitations.
Executory Limitations. 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 of time or not, that executory limitation shall be or become void and 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.
Long Terms. 11. Section sixty-five of the Conveyancing Act of 1881 shall Amendment of apply to and include, and shall be deemed to have always applied
respecting long to and included, every such term as in that section mentioned, terms. 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 incapable of being enlarged into a fee simple.
Sales of Reversions Act.
31 VIOT. 0. 4. 1. No purchase made bona fide, and without fraud or unfair dealing, of any reversionary interest in real or personal estate, shall hereafter be opened or set aside merely on the ground of undervalue. (6)
SETTLED ESTATES. An Act for the Abolition of Fines and Recoveries and for the Substitution of more simple Modes of Assurance.
3 & 4 WILL. 4, c. 74. 1. A “ base fee” shall mean exclusively that estate in fee « Base fee. simple into which an estate tail is converted, where the issue in tail are barred, but persons claiming estates by way of remainder or otherwise are not barred.
(a) As to dispositions by married women of reversionary interests in personalty, see 20 & 21 Vict. c. 57, ante, p. 196.
(6) The Act does not extend to unconscionable bargains for the sale of reversionary interests, wherein the distress of the roversioner is taken advantage of : (800 Beynon v. Cook, 10 Ch. 389.)