44 & 45 Vict. 58. (1.) A covenant relating to land of inheritance, or dec. 41, s. 58. volving on the heir as special occupant, shall be deemed to be made with the covenantee, his heirs and assigns, and shall have effect as if heirs and assigns were expressed. Covenants to bind heirs, &c. Covenants to extend to heirs, &c. Effect of covenant with two or more jointly. Effect of ad (2.) A covenant relating to land not of inheritance, or not devolving on the heir as special occupant, shall be deemed to be made with the covenantee, his executors, administrators, and assigns, and shall have effect as if executors, administrators, and assigns were expressed. (3.) This section applies only to covenants made after the commencement of this act. 59. (1.) A covenant, and a contract under seal, and a bond or obligation under seal, though not expressed to bind the heirs, shall operate in law to bind the heirs and real estate, as well as the executors and administrators and personal estate, of the person making the same, as if heirs were expressed. (2.) This section extends to a covenant implied by virtue of this act. (3.) This section applies only if and as far as a contrary intention is not expressed in the covenant, contract, bond, or obligation, and shall have effect subject to the terms of the covenant, contract, bond, or obligation, and to the provisions therein contained. (4.) This section applies only to a covenant, contract, bond, or obligation made or implied after the commencement of this act. 60.-(1.) A covenant, and a contract under seal, and a bond or obligation under seal, made with two or more jointly, to pay money or to make a conveyance, or to do any other act, to them or for their benefit, shall be deemed to include, and shall, by virtue of this act, imply, an obligation to do the act to, or for the benefit of, the survivor or survivors of them, and to, or for the benefit of, any other person to whom the right to sue on the covenant, contract, bond, or obligation devolves. (2.) This section extends to a covenant implied by virtue of this act. (3.) This section applies only if and as far as a contrary intention is not expressed in the covenant, contract, bond, or obligation, and shall have effect subject to the covenant, contract, bond, or obligation, and to the provisions therein contained. (4.) This section applies only to a covenant, contract, bond, or obligation made or implied after the commencement of this act. 61. (1.) Where in a mortgage, or an obligation for payment vance on joint of money, or a transfer of a mortgage or of such an obligation, the sum, or any part of the sum, advanced or owing is expressed account, &c. c. 41, s. 61. to be advanced by or owing to more persons than one out of 44 & 45 Vict. money, or as money, belonging to them on a joint account, or a mortgage, or such an obligation, or such a transfer is made to more persons than one, jointly, and not in shares, the mortgage money, or other money, or money's worth for the time being due to those persons on the mortgage or obligation, shall be deemed to be and remain money or money's worth belonging to those persons on a joint account, as between them and the mortgagor or obligor; and the receipt in writing of the survivors or last survivor of them, or of the personal representatives of the last survivor, shall be a complete discharge for all money or money's worth for the time being due, notwithstanding any notice to the payer of a severance of the joint account. (2.) This section applies only if and as far as a contrary intention is not expressed in the mortgage, or obligation, or transfer, and shall have effect subject to the terms of the mortgage, or obligation, or transfer, and to the provisions therein contained. (3.) This section applies only to a mortgage, or obligation, or transfer made after the commencement of this act. The old joint account clause was usually inserted in the case of trustees investing on mortgage; and as between the trustees and a purchaser from them, or the mortgagor, the court (in a case where the trusts were not disclosed) refused to go behind the clause (Re Harman & Uxbridge R. Co., 24 Ch. D. 726). It may be different where the trusts are disclosed (Re Blaiberg and Abrahams, 1899, 2 Ch. 340). As between the mortgagees inter se, the court has gone behind the clause, and on the evidence held the mortgagees to be tenants in common (Re Jackson, Smith v. Sibthorpe, 34 Ch. D. 732). 62.-(1.) A conveyance of freehold land to the use that Grants of any person may have, for an estate or interest not exceeding in easements, &c. duration the estate conveyed in the land, any easement, right, by way of use. liberty, or privilege in, or over, or with respect to that land, or any part thereof, shall operate to vest in possession in that person that easement, right, liberty, or privilege, for the estate or interest expressed to be limited to him; and he, and the persons deriving title under him, shall have, use, and enjoy the same accordingly. (2.) This section applies only to conveyances made after the commencement of this act. 63.-(1.) Every conveyance shall, by virtue of this act, be Provision effectual to pass all the estate, right, title, interest, claim, and for all the demand which the conveying parties respectively have in, to, or estate, &c. on the property conveyed, or expressed or intended so to be, or which they respectively have power to convey in, to, or on the same. (2.) This section applies only if and as far as a contrary intention is not expressed in the conveyance, and shall have 44 & 45 Vict. c. 41, s. 63. Construction of implied covenants. Enlargement long term into fee simple. effect subject to the terms of the conveyance and to the provisions therein contained. (3.) This section applies only to conveyances made after the commencement of this act. Under this section a mortgage deed purporting to convey the fee was held to pass the only interest of the mortgagor, which was leasehold (Thellusson v. Liddard, 1900, 2 Ch. 635). 64. In the construction of a covenant or proviso, or other provision, implied in a deed by virtue of this act, words importing the singular or plural number, or the masculine gender, shall be read as also importing the plural or singular number, or as extending to females, as the case may require. XIII.-LONG TERMS. 65.—(1.) Where a residue unexpired of not less than two of residue of hundred years of a term, which, as originally created, was for not less than three hundred years, is subsisting in land, whether being the whole land originally comprised in the term, or part only thereof, without any trust or right of redemption affecting the term in favour of the freeholder, or other person entitled in reversion expectant on the term, and without any rent, or with merely a peppercorn rent or other rent having no money value, incident to the reversion, or having had a rent, not being merely a peppercorn rent or other rent having no money value, originally so incident, which subsequently has been released, or has become barred by lapse of time, or has in any other way ceased to be payable, then the term may be enlarged into a fee simple in the manner, and subject to the restrictions, in this section provided. (2.) Each of the following persons (namely): (ii.) Any person being in receipt of income as trustee, in (iii.) Any person in whom, as personal representative of any deceased person, the term is vested, whether subject to any incumbrance or not; shall, as far as regards the land to which he is entitled, or in which he is interested, in right of the term, in any such character as aforesaid, have power by deed to declare to the effect that, from and after the execution of the deed, the term shall be 44 & 45 Vict. enlarged into a fee simple. c. 41, s. 65. (3.) Thereupon, by virtue of the deed and of this act, the term shall become and be enlarged accordingly, and the person in whom the term was previously vested shall acquire and have in the land a fee simple instead of the term. (4.) The estate in fee simple so acquired by enlargement shall be subject to all the same trusts, powers, executory limitations over, rights, and equities, and to all the same covenants and provisions relating to user and enjoyment, and to all the same obligations of every kind, as the term would have been subject to if it had not been so enlarged. (5.) But where any land so held for the residue of a term has been settled in trust by reference to other land, being freehold land, so as to go along with that other land as far as the law permits, and, at the time of enlargement, the ultimate beneficial interest in the term, whether subject to any subsisting particular estate or not, has not become absolutely and indefeasibly vested in any person, then the estate in fee simple acquired as aforesaid shall, without prejudice to any conveyance for value previously made by a person having a contingent or defeasible interest in the term, be liable to be, and shall be conveyed and settled in like manner as the other land, being freehold land, aforesaid, and until so conveyed and settled shall devolve beneficially as if it had been so conveyed and settled. (6.) The estate in fee simple so acquired shall, whether the term was originally created without impeachment of waste or not, include the fee simple in all mines and minerals which at the time of enlargement have not been severed in right, or in fact, or have not been severed or reserved by an inclosure act or award. (7.) This section applies to every such term as aforesaid subsisting at or after the commencement of this act. A rent of three shillings has been held to be a rent "having money value" (Re Smith and Stott, 29 Ch. D. 1009, n.), but not a rent of one silver penny (Re Chapman and Hobbs, 29 Ch. D. 1007). As to the terms of years to which the section applies, see Conv. Act, 1882, s. 11 (post, p. 615). XIV.-ADOPTION OF ACT. trustees 66.-(1.) It is hereby declared that the powers given by this Protection of act to any person, and the covenants, provisions, stipulations, solicitor and and words which under this act are to be deemed included or adopting act. implied in any instrument, or are by this act made applicable to any contract for sale or other transaction, are and shall be deemed in law proper powers, covenants, provisions, stipulations, and words, to be given by or to be contained in any such instrument, or to be adopted in connexion with, or applied to, any such contract or transaction; and a solicitor shall not be deemed guilty of neglect or breach of duty, or become in any way liable, c. 41, s. 66. 44 & 45 Vict. by reason of his omitting, in good faith, in any such instrument, or in connexion with any such contract or transaction, to negative the giving, inclusion, implication, or application of any of those powers, covenants, provisions, stipulations, or words, or to insert or apply any others in place thereof, in any case where the provisions of this act would allow of his doing so. Regulations respecting notice. (2.) But nothing in this act shall be taken to imply that the insertion in any such instrument, or the adoption in connexion with, or the application to, any contract or transaction, of any further or other powers, covenants, provisions, stipulations, or words is improper. (3.) Where the solicitor is acting for trustees, executors, or other persons in a fiduciary position, those persons shall also be protected in like manner. (4.) Where such persons are acting without a solicitor, they shall also be protected in like manner. XV.-MISCELLANEOUS. 67. (1.) Any notice required or authorized by this act to be served shall be in writing. (2.) Any notice required or authorized by this act to be served on a lessee or mortgagor shall be sufficient, although only addressed to the lessee or mortgagor by that designation, without his name, or generally to the persons interested, without any name, and notwithstanding that any person to be affected by the notice is absent, under disability, unborn, or unascertained (4). (3.) Any notice required or authorized by this act to be served shall be sufficiently served if it is left at the last-known place of abode or business in the United Kingdom of the lessee, lessor, mortgagee, mortgagor, or other person to be served, or, in case of a notice required or authorized to be served on a lessee or mortgagor, is affixed or left for him on the land or any house or building comprised in the lease or mortgage, or, in case of a mining lease, is left for the lessee at the office or counting-house of the mine. (4.) Any notice required or authorized by this act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned through the post-office undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered. (5.) This section does not apply to notices served in proceedings in the court. (k) Where a lease had been assigned, a notice addressed to the original lessee and all others concerned and served on the occupier was sufficient (Cronin v. Rogers, 1 Cab. & El. 348). But where a lessee had executed an assignment for the benefit of his creditors, which contained a declara |