No. 15. Act 8 & 9 V. c. 106. Repeal of so much of 7 & 8 Vict. c. 76 as abolishes contingent remainders as from the commence ment; and the residue as from 1st Oct. 1845. The immediate freehold of corporeal tenements to lie in grant as well as in livery. Stamp duty on grants thereof. Feoffments, leases, assign- certain excep- Feoffments not to operate by wrong, nor exchanges or No. 15.-8 & 9 Vic. ch. 106. An Act to amend the Law of Real BE E 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; (that is to say,) I. That so much of an Act passed in the last session of Parliament, entitled "An Act to simplify the Transfer of Property," as enacted that after the time at which that Act should come into operation no estate in land should be created by way of contingent remainder; but that every estate which before that time would have taken effect as a contingent remainder should take effect (if in a will or codicil) as an executory devise, and (if in a deed) as an executory estate of the same nature, and having the same properties as an executory devise; and that contingent remainders existing under deeds, wills, or instruments, executed or made before the time when that Act should come into operation should not fail or be destroyed or barred, merely by reason of the destruction or merger of any preceding estate, or its determination by any other mcans than the natural effluxion of the time of such preceding estate, or some event on which it was in its creation limited to determine, shall be and is hereby repealed, as from the time of the commencement and taking effect thereof; and that the residue of the said Act shall be and is hereby repealed, as from the First day of October, One thousand eight hundred and forty-five. II. That after the said First day of October, One thousand eight hundred and forty-five all corporeal tenements and hereditaments shall, as regards the conveyance of the immediate freehold thereof, be deemed to lie in grant as well as in livery; and that every deed which, by force only of this enactment shall be effectual as a grant, shall be chargeable with the stamp duty with which the same deed would have been chargeable in case the same had been a release, founded on a lease or bargain and sale for a year, and also with the same stamp duty (exclusive of progressive duty) with which such lease or bargain and sale for a year would have been chargeable. III. That a feoffment made after the said First day of October, One thousand eight hundred and forty-five, other than a feoffment made under a custom by an infant, shall be void at law, unless evidenced by deed; and that a partition and an exchange of any tenements or hereditaments not being copyhold, and a lease required by law to be in writing of any tenements or hereditaments, and an assignment of a chattel interest not being copyhold in any tenements or hereditaments, and a surrender in writing of an interest in any tenements or hereditaments, not being a copyhold interest, and not being an interest which might by law have been created without writing, made after the said First day of October, One thousand eight hundred and forty-five, shall also be void at law, unless made by deed: Provided always that the said enactment so far as the same relates to a release or a surrender, shall not extend to Ireland. IV. That a feoffment made after the said First day of October, One thousand eight hundred and forty-five shall not have any tortuous operation; and that an exchange, or a partition of any tenements or hereditaments made by deed, executed after the said First day of October, One thousand eight hundred and forty-five shall not imply any condition in law; and that the word "give" or the word "grant" in a deed executed after the same day shall not imply any covenant in law in respect of any tenements or hereditaments, except so far as the word "give" or the word “ grant may by force of any Act of Parliament imply a covenant. No. 15. Act 8 & 9 V. c. 106. partitions to imply any "condition, or give and grant any covenant. Strangers may take immediately, under an inden V. That under an indenture executed after the First day of October, One thousand eight hundred and forty-five, an immediate estate or interest in any tenements or hereditaments, and the benefit of a condition or covenant respecting any tenements or ture, and a deed hereditaments may be taken, although the taker thereof be not purporting to named a party to the same indenture; also that a deed executed be an indenture after the said First day of October, One thousand eight hundred and shall take effect forty-five, purporting to be an indenture, shall have the effect of an indenture although not actually indented. as such. made alienable married women VI. That after the First day of October, One thousand eight Contingent and hundred and forty-five, a contingent, an executory, and a future other like interest, and a possibility coupled with an interest in any tene- interests, also ments or hereditaments of any tenure, whether the object of the rights of entry, gift or limitation of such interest or possibility be or be not ascer- by deed, saving tained, also a right of entry, whether immediate or future, and estates in tail; whether vested or contingent into or upon any tenements or here- and as regards. ditaments in England of any tenure may be disposed of by deed; but that no such disposition shall, by force only of this Act, defeat or enlarge an estate tail; and that every such disposition by a married woman shall be made conformably to the provisions relative to dispositions by married women, of an Act passed in the third and fourth years of the reign of His late Majesty King William the Fourth, entitled "An Act for the Abolition of Fines and Recoveries, and for the Substitution of more simple Modes of Assurance," or in Ireland of an Act passed in the Fourth and fifth years of the reign of His said late Majesty, entitled "An Act for 4 & 5 W. 4, the Abolition of Fines and Recoveries, and for the Substitution of c. 92. more simple modes of Assurance in Ireland." c. 74. VII. That after the First day of October, One thousand eight Capacity of hundred and forty-five, an estate or interest in any tenements or married women to disclaim hereditaments in England of any tenure may be disclaimed by a estates or intemarried woman by deed; and that every such disclaimer shall be rests by deed made conformably to the said provisions of the said Act for the extended to abolition of fines and recoveries and for the substitution of more simple modes of assurance. England. protected as VIII. That a contingent remainder existing at any time after Contingent the Thirty-first day of December One thousand eight hundred and remainders forty-four, shall be, and if created before the passing of this Act, shall be deemed to have been capable of taking effect notwithstanding the determination, by forfeiture, surrender, or merger, of any preceding estate of freehold in the same manner in all respects as if such determination had not happened. IX. That when the reversion expectant on a lease, made either before or after the passing of this Act of any tenements or hereditaments of any tenure shall, after the said First day of October, One thousand eight hundred and forty-five, be surrendered or merge the estate which shall for the time being confer as against the tenant under the same lease the next vested right to the same from 31st Dec. the premature estate to be reversion. No. 15. Act 8 & 9 V. c. 106. Act not to extend to Scotland. tenements or hereditaments shall, to the extent and for the purpose No. 16. Act 8 & 9 V. c. 119. Where the words of Column I. of the Second Schedule are employed, the deed to have the same effect as if the words in Column II. were inserted. Deed to include No. 16.-8 & 9 Vic. ch. 119. W An Act to facilitate the Conveyance (8th August, 1845.) of Real Property. HEREAS it is expedient to facilitate the sale and conveyance of real property; 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, that whenever any party to any deed, made according to the forms set forth in the first Schedule to this Act, or to any other deed which shall be expressed to be made in pursuance of this Act, or referring thereto, shall employ in any such deed respectively any of the forms of words contained in Column I. of the second Schedule hereto annexed, and distinguished by any number therein, such deed shall be taken to have the same effect and be construed as if such party had inserted in such deed the form of words contained in Column II. of the same Schedule, and distinguished by the same number as is annexed to the form of words employed by such party; but it shall not be necessary in any such deed to insert any such number. II. That every such deed, unless any exception be specially all houses, &c., made therein, shall be held and construed to include all houses, and the rever sion and all the estate. Stamp duty on deed to be same as on lease, &c., for a year. Remuneration for deed under the Act not to be by length only. out-houses, edifices, barns, stables, yards, gardens, orchards, commons, trees, woods, underwoods, mounds, fences, hedges, ditches, ways, waters, watercourses, lights, liberties, privileges, casements, profits, commodities, emoluments, hereditaments, and appurte nances whatsoever to the lands therein comprised, belonging, or in anywise appertaining, or with the same demised, held, used, occu pied and enjoyed, or taken or known as part or parcel thereof, and also the reversion or reversions, remainder and remainders, yearly and other rents, issues, and profits of the same lands, and of every part and parcel thereof, and all the estate, right, title, interest, inheritance, use, trust, property, profit, possession, claim, and demand whatsoever, both at law and in equity, of the grantor, in, to, out of, or upon the same lands and every part and parcel thereof, with their and every of their appurtenances. III. That every such deed under this Act shall be chargeable with the stamp duty with which the same would have been chargeable in case it had been a release founded on a lease or bargain and sale for a year, and also with the same stamp duty (exclusive of progressive duty) with which such lease or bargain and sale for a year would have been chargeable. IV. That in taxing any bill for preparing and executing any deed under this Act, it shall be lawful for the taxing officer, and he is hereby required, in estimating the proper sum to be charged for such transaction, to consider not the length of such deed, but only the skill and labour employed, and responsibility incurred in the preparation thereof. V. That any deed or part of a deed which shall fail to take effect No. 16. c. 119. by virtue of this Act shall nevertheless be as valid and effectual, Act 8 & 9 V. and shall bind the parties thereto, so far as the rules of law and equity will permit, as if this Act had not been made. VI. That in the construction and for the purposes of this Act Construction and the Schedules hereto annexed, unless there be something in the of Act. subject or context repugnant to such construction, the word "lands" shall extend to all freehold tenements and hereditaments, whether corporeal or incorporeal, and to such customary land as will pass by deed, or deed and admittance, and not by surrender, or any undivided part or share therein respectively; and every word importing the singular number only shall extend and be applied to several persons or things as well as one person or thing, and the converse; and every word importing the masculine gender only shall extend and be applied to a female as well as a male; and the word "party" shall mean and include any body politic or corporate or collegiate as well as an individual. VII. That the Schedules, and the directions and forms therein contained, shall be deemed and taken to be parts of this Act. VIII. That the Act shall commence and take effect from and after the First day of October next. IX. That this Act shall not extend to Scotland. Schedules, &c. to form part of Act. Commencement of Act. Not to extend to Scotland. SCHEDULES TO WHICH THIS ACT REFERS. THE FIRST SCHEDULE. This indenture, made the day of One thousand eight hundred and forty- THE SECOND SCHEDULE. Directions as to the forms in this Schedule. 66 1. Parties who use any of the forms in the first column of this Schedule may substitute for the words "covenantor" or covenantee," or "releasor" or "releasee," any name or names, and in every such case corresponding substitutions shall be taken to be made in the corresponding forms in the second column. 2. Such parties may substitute the feminine gender for the masculine, or the plural number for the singular, in any of the No. 16. Act 8 & 9 V. c. 119. forms in the first column of this Schedule, and corresponding changes shall be taken to be made in the corresponding forms in the second column. 3. Such parties may introduce into or annex to any of the forms in the first column any express exceptions from or other express qualifications thereof respectively, and the like exceptions or qualifications shall be taken to be made from or in the corresponding forms in the second column. 4. Such parties may add the name or other designation of any person or persons, or class or classes of persons, or any other words, at the end of form 2, of the first column, so as thereby to extend the words thereof to the Acts of any additional person or persons or class or classes of persons, or of all persons whomsoever; and in every such case the covenants 2, 3, and 4, or such of them as shall be employed in such deed, shall be taken to extend to the Acts of the person or persons, class or classes of persons so named. COLUMN I. 1. The said (covenantor) covenants with the said (covenantee), 2. That he has the right to convey the said lands to the said (covenantee) notwithstanding any Act of the said (covenantor); 3. and that the COLUMN II. 1. And the said covenantor doth hereby, for himself, his heirs, executors, and administrators, covenant, promise, and agree with and to the said covenantee, his heirs and assigns, in manner following; (that is to say,) 2. That for and notwithstanding any act, deed, matter, or thing by the said covenantor done, executed, committed, or knowingly or wilfully permitted or suffered, to the contrary, he the said covenantor now hath in himself good right, full power, and absolute authority to convey the said lands and other the premises hereby conveyed, or intended so to be, with their and every of their appurtenances, unto the said covenantee, in manner aforesaid, and according to the true intent of these presents. 3. And that it shall be lawful for the said said (covenantee) covenantee, his heirs and assigns, from time shall have quiet to time, and at all times hereafter, peaceably possession of the and quietly to enter upon, have, hold, occupy, said lands, possess, and enjoy the said lands and premises hereby conveyed, or intended so to be, with their and every of their appurtenances, and to have, receive, and take the rents, issues, and profits thereof, and of every part thereof to and for his and their use and benefit, without any let, suit, trouble, denial, eviction, interruption, claim, or demand whatsoever of, from, or by him the said covenantor or his heirs, or any person claiming or to claim by, from, under, or in trust for him, them, or any of them. |