the time when this Act shall come into opera- Executor or IX. That when any person entitled to any freehold or copyhold land by way of mortgage administrator of mortgagee empowered, has or shall have departed this life, and his on discharge executor or administrator is or shall he entitled of mortgage, to conveythe to the money secured by the mortgage, and the legal estate heir or devisee. vested in the legal estate in such land is or shall be vested in the heir or devisee of such mortgagee, or the heir, devisee, or other assign of such heir or devisee, and possession of the land shall not have been taken by virtue of the mortgage, nor any action or suit be depending, such executor or administrator shall have power, upon payment of the principal money and interest due to him on the said mortgage, to convey by deed or surrender (as the case may require) the legal estate which became vested in such heir or devisee; and such conveyance shall be as effectual as if the same had been made by any such heir or devisee, his heirs or assigns. Receipts of X. That the bona fide payment to, and the trustees to be effectual receipt of any person to whom any money shall discharges. be payable upon any express or implied trust or for any limited purpose, or of the survivors or survivor of two or more mortgagees or holders, or the executors or administrators of such sur vivor, or their or his assigns, 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. deed unne. dies for the any rent and The reme such covenants in the a lease not to be extinguished by the merger version. XI. That it shall not be necessary in any Indenting a case to have a deed indented; and that any cessary. person, not being a party to any deed, may take an immediate benefit under it in the same manner as he might under a deed poll. XII. That where the reversion of any land, expectant on a lease, shall be merged in remainder, or other reversion, or estate, person entitled to the estate into which reversion shall have merged, his heirs, executors, of the im administrators, successors, and assigns, shall mediate rehave and enjoy the like advantage, remedy, and benefit against the lessee, his heirs, successors, executors, administrators, and assigns, for nonpayment of the rent, or for doing of waste or other forfeiture, or for not performing conditions, covenants, or agreements contained and expressed in his lease, demise, or grant, against the lessee, farmer, or grantee, his heirs, successors, executors, administrators, and assigns, as the person who would for the time being have been entitled to the mesne reversion which shall have merged would or might have had and enjoyed if such reversion had not been merged. XIII. That this Act shall commence and take effect from the thirty-first day of December, one thousand eight hundred and forty-four, and shall Act to com mence from 31st Dec., 1844. Act not to extend to Scotland. not extend to any deed, act, or thing executed or done, or (except so far as regards the provisions herein-before contained as to existing contingent remainders) to any estate, right, or interest created, before the first day of January, one thousand eight hundred and forty-five. XIV. And be it enacted, That this Act shall not extend to Scotland. GENERAL INDEX. ABEYANCE, when estate in, 105 definition of, 21 is an incorporeal hereditament, 21 definition of, 131 no precise form of words needed, 132 ALIENATION by married women, 145 definition of, 30 are an incorporeal hereditament, 21 distinguished from rents, 30 ASSIGNMENT, definition of, 138 distinguished from underlease, 138 precedent of, 155 AT WILL, TENANT, definition of, 80 AVON shares in navigation of, real property, 18 BANKRUPTCY, definition of, and laws relating to, 48 BARGAIN AND SALE, definition of, 141 BOND, or obligation, what it is, 139 form of, 157 CODICILS. See WILL COMMITTEES OF LUNATICS may convey by order COMMON, TENANTS IN, definitions of that estate, 123 CONFIRMATION, DEEDS OF, what they are, 136 precedent, 159 CONTINGENT REMAINDERS. See REMAINDERS. are now abolished, 110 COPARCENERS, who are, always take by descent, 121 by custom or common law, 122 COPYHOLDERS, definition of, 85 why so called, 85, origin of copyhold estates, 85 are held at will of lord, 87 CORODIES, are an incorporeal hereditament, 30 various kinds of, aggregate, sole, lay, 39, 40 cannot be joint tenant with a natural person, 40 its various kinds, 18 COVENANT TO STAND SEISED, described, 140 precedent of, 161 CURTESY, ESTATE IN, definition of, 75 is only estate for life, 76 CUSTOMARY ESTATES, 85 |