Henry Williams Challis Henry J. Hood.

The Conveyancing Acts, 1881 & 1882, and the Settled Land Act, 1882, with ... online

. (page 44 of 53)
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APPENDIX TO RULES BELATINQ TO CONVEYANCING ACTS.



367



and other documents enrolled during the period from 18 , to

18 f both indusive, in the following name [^or names].



Surname.


CfariBtiaii Name

or

Names.


tJsTial or last

known Place of

Abode.


Title, Trade,

or
Profession.











EAdd declarationy Form //.]
State if an office copy of the certificate is desired, and whether it is to he
sent by post or called for A

Signature, address, and \
description of person >
requiring the search. )
Dated



Form IV.

Requisition for Search in the Bills of Sale Departmetit under the
Conveyancing Act, 1882, s, 2.

Supreme Ck)urt of Judicature,
Central Oflace.

Bequisition for Search.
To the Begistrar of Bills of Sale,
Royal Courts of Justice,

London.
In the matter of A. B. and C. D.
Pursuant to section 2 of the Conveyancing Act, 1882, search for instru-
ments registered or re-registered as bills of sale durinff the period from
18 to 18 , both inclusive, in the following name [or

names].



Surname.



Christian Name

or

Names.



Usual or last

known Place of

Abode.



Title, Trade,

or
Profession.



fAdd declaration. Form IL"]
State if an office copy of the certificate is desired, and whether it is to be
sent bt/ post or called for,']^

Signature, address, and \
description of person >
requiring the search. )
. Dated



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PPENDIX TO RULES RELATING TO OOKVEYANCIKG ACTS.

Form V.

y^foT Search in the Registry of Certificates of AcJtnowUdgmentt of
by Married Women under the Conveyancing Act, 1882, s. 2.

[Jourt of Judicature,
al Office.

Bequisition for Search,
igistrar of Certificates of Acknowledgments of Deeds by Manied
>men,
1 GoTirts of Justice,

London.
In the matter of A. B. and 0. D.
it to section 2 of the Conveyancing Act, 1882, search for Certi-
Acknowledgments of Deeds by Married Women during the



18 , to



s mentioned in the schedule hereto.
The Schedule.



18 , both indusiye, according to the



Chiistiaii Name

or

Names

of

Wife and Hosbaiid.



Date of Cer-
tificate if the
Search relates
to a particular
Certificate.



Date of Deed,

if the Search

relates to

a particular

Deed.



Comity, Parish, or
Place m which the
Property is situate,
or other description
of tiie Properly,



9claration, Form ILl

f an office copy of the certificate is desired, and whether it is to be

st or called f or, 1

Signature, address, and \
description of person >
requiring the search. )



Form TI.

nfor Search in the Registry of Judgments' under the Conveyancing
Act, 1882, s. 2.

Court of Judicature,
Central Office.

Bequisition for Search,
gistrar of Jud^ents,
xoyal Courts of Justice,
London.

In the matter of A. B. and C. D.
at to section 2 of the Conveyancing Act, 1882, search for Judg-
dvals, decrees, orders, rules, and lis pendens, and for judgments
of the Crown, statutes, recognizances, Crown bonds, inquisitions,
tances of office for the period from 18 , to 18 ,

sive, and for executions for the period from the 29th July, 1864
? case may require'] to the 18 , both inclusive, and for

for the period from the 26th April, 1855 [or as the case may



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8j.



requirej to the
names



APPENDIX TO RULES RELATING TO CONVEYANCING ACTS. 369

18 , both indusiye, in the following name [or



Christian Name

or

Names.



Usual or last

known Place of

Abode.



Title, Trade,

or
Profession.



EAdd declaration, Form //.]
State if an office copy ^ the certificate is desired, and whether it is to be
sent hy post or called for. 1^

Signature, address, and \
description of person >
requiring the search. )
Dated



Form Vn.

Certificate of Search by Enrolment Department under the Conveyancing

Act, 1882, s. 2.

Supreme Court of Judicature,
Central Office,

Enrolment Department.
Certificate of Search pursuant to Section 2 of the Conyeyancing Act, 1882.
In the matter of A. B. and C. D.
This is to certify that a search has been diligently made in the
Enrolment Office for deeds and other documents in the name [or names]
of for the period from to , both inclusive, and that no

deed or other document has been enrolled in the said office in that name
[or in any one or more of those names] during the period aforesaid,
or and that except the described in the schedule hereto no deed or

docimient has been enrolled in that name [or in any one or more of those
names] during the period aforesaid.

The Sohedtti^.
Dated



Form Vm.

Certificate of Search by the Registrar of Bills of Sale under the Convey-
ancing Act, 1882.

Supreme Court of Judicature,
Central Office,
Bills of Sale Department.
Certificate of Search pursuant to Section 2 of the Conyeyancing Act, 1882.
In the matter of A. B. and C. D.
This is to certify that a search has been diligently made in the Begister
of Bills of Sale in the name [or names] of for the period from

18 , to 18 , both mdusiye, and that no instrimient has been



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370



APPENDIX TO RULES RELATING TO CONVEYANCING ACTS.



registered or re-registered as a bill of sale in tiiat name [or in any one or
more of those names] during that period,

or, and that except the described in the schedule hereto, xu> instru-

ment has been registered or re-registered as a bill of sale in that name
[or in any one or more of those names] during the period aforesaid.

The SohedxtijE.
Dated



Form IX.

Certificate of Search hy Registrar of Certificates of Acknowledgments of
Deeds by Married Women under the Conveyancing Act, 1882, s, 2.

Supreme Court of Judicature,

Central Office.
Begistry of Certificates of Acknowledgments of Deeds by Married

Women.
Certificate of Search pursuant to Section 2 of the Conveyancing Act, 1882.
In the matter of A. B. and C. D.
This is to certify that a search has been diligently made in the office of
the Begistrar of Certificates of Acknowledgments of Deeds by Married
Women in the name [or names] of for the period from to

18 , both inclusive, for a certificate dated the or for

certificates of acknowledgment of a deed dated the or for certifi-

cates of acknowledgments of deeds relating to [fill in the description of
the property from the requisition'] and that no such certificate has

been filed in that name [or in any one or more of those names] during
the period aforesaid, or and that except the certificate [or certificates]

described in the schehule hereto, no such certificate has been filed in that
name [or in any one or more of those names] during the period aforesaid.



Surname.



Chiifltiaii Names

of

Wife and Husband.



Date

of

Certificate.



Date

of
Deed.



Comity, Parish, or

Place in wfaioi

Property situated,

or omer description

of the Property.



Dated



day of



188



FOEM X.

Certificate of Search by Registrar of Judgments under Conveyancing Act,

1882, s. 2.
Supreme Court of Judicature,
Central Office.

The Eegistry of Judgments.

Certificate of Search pursuant to Section 2 of the Conveyancing Act, 1882.

In the matter of A. B. and C. D.

This is to certify that a search has been diligently made in the office of

the Begistrar of Judgments for judgments, revivals, decrees, orders, rules,



i



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APPBNDIX TO RULES RELATING TO CONVEYANCING ACTS. 371

lis pendens, judgments at the suit of the Crowns statutes, recognizances,
Grown bonds, inquisitions, and acceptances of office, for the period from
18 to IB , both mclusiye, and for executions for the

period from 18 to 18 , both inclusive, and for annuities

lor the period from to 18 , both inclusive, in the name [or

names] of and that no judgment, revival, decree, order, rule, lis

pendens, judgment at the suit of the Crown, statute, recognizance, Crown
bond, inquisition, acceptance of office, execution, or annuity has been
registered or re-registered in that name [or in any one or more of those
namesl during the respective periods covered by the aforesaid searches,
or ana that except the mentioned in the schedule hereto, no

judgment, revival, decree, order, rule, lis pendens, judgment at the
suit of the Crown, statute, recognizance. Crown bond, inquisition, accept-
ance of office, execution, or annuity has been registered or re-registered
in that name [or in any one or more of those names] during the respective
periods covered by the aforesaid search.

The Schedule.
Dated the day of 188 .



Form XI.
Requisition for Continuation of Search under the Conveyancing Act, 1882.

Supreme Court of Judicature,
Central Office.

Eequisition for Continuation of Search.
To the Clerk of Enrolments
or The Begistrar of

Boyal Courts of Justice,
London, W.C.

In the matter of A. B. and C. D.
Pursuant to section 2 of the Conveyancing Act, 1882, continue the search
^^'[ J, made pursuant to the requisition dated the day of

18 , in the name [or names] of , from the day of to

the day of 18 , both inclusive.

Signature, address, and
aescri]jtion of person
requiring the search.
Dated



FoRMXn.

Certificate of result of continued Search under the Conveyancing Act, 1882,
8, 2, to be endorsed on Original Certificate,

This is to certify that the search [or searches] mentioned in the within-
written certificate has [or have] been diligently continued to the day
of I 18 , and that up to and including that date {[except the .
mentioned in the schedule hereto {these words to he omitted where nothing
is found) ], no deed or other document has been enrolled, or no instrument
has been registered, or re-registered, as a bill of sale, or no certificate has
been filed, or no judgment, revival, decree, order, rule, lis pendens, judg-
ment at the suit of the Crown, statute, recognizance. Crown bond, inquisi-
tion, acceptance of office, execution or annuity, has been registered or re-
registerea in the within-mentioned name [or in any one or more of the
within-mentioned names].

Dated



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APPENDIX.



The Vendoe Am> Pukchasee Act, 1874

The Settled Estates Act, 1877

SUMMAEY OF THE MaBBIED WoMEN's PeOPEBTY AcT, 1882

The Maebied Women's Pbopeety Act, 1882
Pabt of the Agbiculttteal Holdings Act, 1883
" The Times " Eepobt of Camden v. Murray



• •



PAOB

373



. 376

. 390

. 393

. 402

. 403



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( 373 )



APPENDIX.



THE VENDOR AND PURCHASER
ACT, 1874.

(37 & 38 Vict, a 78.)

An Act to amend the Law of Vendor and Purchaser j and
further to simplify Title to Land.

[7th August, 1874.]

Whereas it is expedient to facilitate the transfer of land by
means of certain amendments in the law of vendor and pur-
chaser :

Be it enacted by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the
authority of the same, as follows :

1, In the completion of any contract of sale of land made Sect 1.
after the Slst day of December one thousand eight himdred and Fort^ yean
seventy-four, and subject to any stipulation to the contrary in jubstitated
the contract, forty years shall be substituted as the period of y^^af the
commencement of title which a purchaser may require in place root of title,
of sixty years, the present period of such commencement ; never-
theless earlier title than forty years may be required in cases

similar to those in which earlier title than sixty years may now
be required.

2. In the completion of any such contract as aforesaid, and Seet 2.
subject to any stipulation to the contrary in the contract, the Rules for
obligations and rights of vendor and purchaser shall be regu- 'fJ^S"^
lated by the following rules ; that is to say, Lid^ighte of

First. Under a contract to grant or assign a term of years, yendor and
whether derived or to be derived out of a freehold or Purchaser,
leasehold estate, the intended lessee or assign shall not be
entitled to call for the title to the freehold.

Second. Becitals, statements, and descriptions of facts, matters,
and parties contained in deeds, instruments, Acts of Parlia-
ment, or statutory declarations, twenty years old at the
date of the contract, shall, unless and except so far as they
shall be proved to be inaccurate, be taken to be sufficient
evidence of the truth of such facts, matters, and descrip-
tions.
* Third. The inability of the vendor to furnish the purchaser
with a legal covenant to produce and furnish copies of



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374



APPENDIX,



Sect. 3.

Tnistees may
Ben, &o,y not-
'withstandmg
roles.

Sect. 4.

Legal personal
representative
may convey
legal estate of
mortgaged
property.



Sect, 6.

Bare legal
estate in fee
tingle to vest
in executor or
administrator.



Soot. 6*

Hanied
woman who
isabare
trustee may
eonyey, &c.

Sect 7.

Ih>teetion and
priority by
legal estates
and tacking not
to be allowed.



dooiunents 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.

Fourth. Such covenants for production as the purchaser can
and shall require shall be tumished 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 neces-
sary parties other than the purchaser.

Fifth. Where the vendor retains any part of an estate to
which any documents of title relate he shall be entitled to
retain such documents.

3. Trustees who are either vendors or purchasers may sell or
buy without excluding the application of the second senotion of
thiis Act.

4. The kgal personal representative of a mortgagee of a freehold
estate J or of a copyhold estate to which the mortgagee shall have been
admitted^ may^ on payment of all sums secured by the mortgage^
convey or surrender the mortgaged estate^ whether the mortgage be
in form an assurance subject to redemption^ or an assurance upon
trust.

Bepealed by the Oonv. Act, 1881, sect. 30, sub-s. (2).

5. Upon the death of a bare trustee of any corporeal or incorpo^
real hereditament of which such trustee was seised in fee simple^
such hereditament shall vest like a chattel real in the legal personal
representative from time to time of such trustee.

Bepealed as to England by 38 & 39 Yict. o. 87 (The Land Transfer Act,
1875), sect. 48, and re-enacted so far as regards the death of a bare trustee
intestate. The last-mentioned enactment was repealed by the Conv. Act,
1881, sect. 30, sub-s. (2). The section is repealed as to Ireland l^ the
Oonv. Act, 1881, sect. 73.

6. When anjr freehold or copyhold hereditament shall be
vested in a married woman as a bare trustee, she may convey or
surrender the same as if she were a feme sole.

7. After the commencement of this Act^ no priority or protection
shall be given or aUotced to any estate^ rights or interest in land by
reason of such estate^ rights or interest being protected by or tacked
to any legal or other estate or interest in such land; and full effect
shall be given in every Court to this provision^ although the person
claiming such priority or protection as aforesaid shall claim as a
purchaser for valuable consideration and without notice : Provided
alwaysj that this section shall not take away from any estate^ rightj
titkj or interest any priority or protection which but for this section
would have been given or allowed thereto as against any estate or
interest existing before the commencement of this Act.

This section was repealed as from the date at which it came into opera-
tion, as to England by 38 & 39 Vict. c. 87 (The Land Transfer Act, 1875),
sect. 129, and as to Ireland by the Conv. Act, 1881, sect. 73.



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THE VENDOR AND PURCHASER ACT, 1874. 375

8. Where the will of a testator devising land in Middlesex Sect. 8.
or Yorkshire has not been registered within the period allowed Non-regis-
by law in that behalf, an assurance of such land to a purchaser tration of will
or mortgagee by the devisee or by some one deriving title under ^q^^^^^^'
him shall, if registered before, take precedence of and prevail certain fiases.
ovet any assurance from the testator's heir-at-law.

9. A vendor or purchaser of real or leasehold estate in Sect. 9.
.England, or their representatives respectively, may at any time Vendor or
or times and from time to time apply in a summary way to a purchaaer
judge of the Court of Chancery in England in chambers, in ^^^^^^
respect of any requisitions or objections, or any claim for com- judge in
pensation, or any other question arising out of or connected chambers as
with the contract (not being a question aflfecting the existence ^^^^^^
or validity of the contract), and the judge shall make such order or compensa-
upon the application as to him shall appear just, and shall order tion, &c.
how and by whom all or any of the costs of and incident to the
application shall be borne and pedd.

A vendor or purchaser of real or leasehold estate in Ireland,
or their representatives respectively, may in like manner and
for the same purpose apply to a judge of the Court of Chancery
in Ireland, and the judge shall make such order upon the
application as to him shall appear just, and shall order how and
by whom all or any of the costs oi and incident to the applica-
tion shall be borne and paid.

10. This Act shall not apply to Scotland, and may be cited g^^j^ jq^
as the Vendor and Purchaser Act, 1874. Extentof Act



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376



APPENDIX.



Sect 1.

Short tide.

Sect. 2.

Interpreta-
tion of
*< settle-
ment" and
«< settled
estates."



Sect. 3.

Interpreta-
tion ^ *< the
Court."



THE SETTLED ESTATES ACT, 1877.

(40 & 41 Vict. c. 18.)

An Act to consolidate and amend the Law relating to Leases
and Saks of Settled Estates. [28th June, 1877.]

Whereas it is expedient to consolidate and amend the law
relating to leases and sales of settled estates :

Be it enacted by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the
authority of the same, as follows :

L This Act may be cited for all purposes as " The Settled
Estates Act, 1877."

2. The word " settlement " as used in this Act shall signif v
any Act of Parliament, deed, agreement, copy of court roll,
will, or other instrument, or any number of such instruments,
under or by virtue of which any hereditaments of any tenure or
any estates or interests in any such hereditaments stand limited
to or in trust for any persons by way of succession, including
any such instruments affecting the estates of any one or more of
such persons exclusively.

The term *' settled estates " as used in this Act shall signify
all hereditaments of any tenure, and all estates or interests in
any such hereditaments, which are the subject of a settlement ;
and for the purposes of this Act a tenant in tail after possibility
of issue extiiict shall be deemed to be a tenant for life.

All estates or interests in remainder or reversion not disposed
of by the settlement, and reverting to a settlor or descending to
the heir of a testator, shall be deemed to be estates coming to
such settlor or heir imder or by virtue of the settlement.

In determining what are settled estates within the meaning of
this Act, the Court shall be governed by the state of facts, and
by the trusts or limitations of the settlement at the time of ihe
said settlement taking effect.

3, The expression *^ the Court '' in this Act shall, so far as
relates to estates in England, mean the High Court of Justice,
and all causes and matters in respect of su(^ estates commenced
or continued imder this Act shsdl, subject to the provisions of
the Judicature Acts, be assigned to the Chancery Division of
the High Court of Justice in like manner as if such causes and
matters had arisen under an Act of Parliament b^ which, prior
to the passing of the Judicature Acts, exclusive jurisdiction in
respect to suoi causes and matters had been given to the Court
of Chancery, or to any judges or judge thereof respectivdy.



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THE SETTLED ESTATES ACl', 1877. 377

The expresaioii "the Court" in this Act shall, so far as relates
to estates in Ireland, mean the Court of Chancery in Ireland.

4. It shall be lawful for the Court, if it shall deem it proper Sect. 4.
and consistent with a due regard for the interests of all parties Power to
entitled xmder the settlement, and subject to the provisions and authorise
restrictions in this Act contained, to authorise leases of any J^J^**'
settled estates, or of any rights or privileges over or affecting estates.
any settled estates, for any purpose whatsoever, whether in-
volving waste or not, provided the following conditions be
observed:

First. Every such lease shall be made to take effect in posses-
sion at or within one year next after the making thereof
and shall be for a term of years not exceeding for an agri-
cultural or occupation lease, so far as relates to estates in
England twenty-one years, or so far as relates to estates in
Ireland thirty-five years, and for a mining lease or a lease
of water mills, way leaves, water leaves, or other rights or
easements forty years, and for a repairing lease sixty years,
and for a building lease ninety-nine years : Provided always,
that any such lease (except an agricultural lease) may be
for such term of years as the Court shall direct, where the
Court shall be satisfied that it is the usual custom of the
district and beneficial to the inheritance to grant such a lease
for a longer term than the term herein-bef ore specified in
that behdf :
Secondly. On every such lease shall be reserved the best rent
or reservation in the nature of rent, either uniform or not,
that can be reasonably obtained, to be made payable half-
yearly or oftener without taking any fine or other benefit in
the nature of a fine : Provided always, that in the case of
a mining lease, a repairing lease, or a building lease a
peppercorn rent or any smaller rent than the rent to be
ultimately made payable may, if the Court shall think fit
so to direct, be made payable during all or any part of the
first five years of the term of the lease :
Thirdly. Where the lease is of any earth, coal, stone, or
mineral, a certain portion of the whole rent or payment
reserved shall be from time to time set aside and invested
as hereinafter mentioned, namely, when and so long as the
person for the time being entitled to the receipt of such
rent is a person who by reason of his estate or by virtue of
any decl^uration in the settlement is entitled to work such
earth, coal, stone, or mineral for his own benefit, one fourth
part of such rent, and otherwise three fourth parts thereof ;
and in every such lease sufficient provision shall be made to
ensure such application of the aforesaid portion of the rent
by the appointment of trustees or otherwise as the Court
shall deem expedient :
Fourthly. No such lease shall authorise the felling of any
trees except so far as shall be necessary for the purpose of
dearing tne groimd for any buildings, excavations, or other
works authorised by the lease :
c. c c



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378 APPENDIX.

Fifthly. Every such lease shall be by deed, and the leasee
shall execute a counterpart thereof, and every such lease
shall contain a condition for re-entry on nonpayment of tilie
rent for a period of twenty-eight days after it becomes due,
or for some less period to be specified in that behalf.

Sect. 5. 5^ Subject and in addition to the conditions hereinbefore men-

Lea^ may tioned, every such lease shall contain such covenants, conditions,

specif ^d stipulations as the Court shall deem expedient with reference

covenants. to the spedal circumstances of the demise.

Sect. 6. Q^ The power to authorise leases conferred by this Act shall

Parte of extend to authorise leases either of the whole or any parts of the

Beitled estates ii-t j i , j i * ^ o. j^ aa*

maybe leased. Settled estates, and may be exercised from time to time.

Sect. 7. 7, Any leases, whether granted in pursuance of this Act or

Leases may be otherwise, may be surrendered either for the purpose of obtaining
aaS^renewed. ^ renewal of the same or not, and the power to authorise leases
conferred by this Act shall extend to authorise new leases of ihe
whole or any part of the hereditaments comprised in any sur-



Online LibraryHenry Williams Challis Henry J. HoodThe Conveyancing Acts, 1881 & 1882, and the Settled Land Act, 1882, with ... → online text (page 44 of 53)