supplied (except contracts for necessaries), and all accounts stated with infants shall be absolutely void: but this shall not invalidate any contract into which an infant may by any statute, or the rules of law or equity, enter, except such as now by law are voidable. 2. No action shall be brought whereby to charge any person upon any promise made after full age to pay any debt contracted during infancy, or upon any ratification after full age of any promise or contract made during infancy, whether there shall or shall not be any new consideration for such promise or ratification after full age. 3. Short title-see heading. VENDOR AND PURCHASER ACT, 1874. 37 & 38 VICT. c. 78. 7th August 1874. 1. On completion of contract for sale of land made after 31st December 1874, unless otherwise stipulated, forty years title only may be required, instead of sixty, except where longer title than sixty years may now be required. 2. On completion of any such contract, unless otherwise stipulated, the rights of vendor and purchaser shall be as follows: (1.) Under a contract to grant or assign a lease, the title to the freehold shall not be required. (2.) Recitals and statements in instruments twenty years old at date of contract shall, unless proved to be inaccurate, be sufficient evidence of the truth of such matters. (3.) The absence of a legal covenant to produce deeds shall be no objection where purchaser will have an equitable right to their production. (4.) Such covenants for production as purchaser can require shall be furnished at his expense, but be perused and executed at vendor's expense. (5.) If vendor retains any part of an estate to which any deeds relate, he shall be entitled to retain such deeds. H 3. Trustees may sell or buy without excluding sect. 2. 4. Legal personal representative of mortgagee of freeholds, or of copyholds if mortgagee admitted, may, on payment of mortgage debt, convey or surrender the legal estate. 5. On death of bare trustee of the fee simple of any hereditament it shall vest in his legal personal representative. 6. When freehold or copyhold hereditaments are vested in a married woman as bare trustee she may convey same as a feme sole. 7. Hereafter no priority or protection shall be gained by any interest in land by reason of its being protected by or tacked to any legal estate; and every court shall recognise this provision, although the party claiming priority or protection be a purchaser for value without notice; but this shall not affect any priority or protection which but therefor would have been gained as against any interest existing before commencement of this Act. 8. Where a will of land in Middlesex or Yorkshire has not been registered in due time, an assurance to a purchaser or mortgagee by the devisee, or some one claiming under him, shall, if registered before, take precedence of any assurance from testator's heir-at-law. 9. A vendor or purchaser of realty or leaseholds in England, or their representatives, may apply summarily to a Chancery judge in chambers as to any requisitions or claim for compensation, or other question connected with the contract (not affecting the existence or validity of contract), and judge may dispose of same, and order how costs are to be borne. Vendor or purchaser of realty or leaseholds in Ireland may make a similar application to a judge of the Court of Chancery there. 10. Act not to apply to Scotland. NOTE.-The other Acts of last Session will be found in their proper places in different parts of the book. INDEX. ACCOUNT, of debts, &c., of deceased person, order for, how obtained, 91. ACCUMULATION, clause for, 97. and see Thellusson Act. ACKNOWLEDGMENT, of deed, not necessary prior to enrolment, 28. ACTIO PERSONALIS MORITUR CUM PERSONA, ADMINISTRATION, to wife, husband entitled to, 25. to foreigners dying within Her Majesty's dominions, 55. ADMINISTRATORS, see EXECUTORS. ALIENS, may hold real and personal property of every kind, with certain cannot hold any franchise, 103. if naturalised British subjects, they may divest themselves of their British subjects in certain cases may cease to be such, 103. no longer entitled to jury de medietate linguæ, 103. how alien may obtain a certificate of naturalisation, 104. cannot be owner of a British ship, 104. married women, status of, 104, 105. APPORTIONMENT, in case of tenants for life, 32. all rents, &c., to be considered as accruing from day to day, 33. premiums on policies not apportionable, 33. ASSIGNMENTS, when to be by deed, 63. of personality to one's self and another, 88. BASE FEE, what is, 39. who may enlarge, 40. no merger of, 42. BONDS OF RESIGNATION, valid in favour of certain persons, 34. formalities to be observed, 34. presentation to be within what time, 34. patron must hold living as private property, 34. CHARGING ORDER, 57, 58. CHARITABLE TRUSTEES' INCORPORATION, how incorporation effected, 29. effect of certificate of incorporation, 30. new trustees, how appointed, 30. liability of trustees after incorporation, 30. CHARITABLE USES, see MORTMAIN. COMMON, rights of, see PRESCRIPTION. CONCEALMENT, of title deeds from purchaser, 88. CONTINGENT REMAINDERS, alienable by deed, 63. not determinable by forfeiture, surrender, or merger of preceding CONTRACTS IN WRITING, executory, 9. by executor, to answer damages out of his own estate, 24. in consideration of marriage, 24. relating to lands, 24. not to be performed within a year, 24. for sale of goods for £10 or upwards, 25. CONVEYANCES, when void against creditors and purchasers, 3. CROWN DEBTS, registration of, 59. effect of, against mortgagees, 59. DEBTS, PAYMENT OF, OUT OF REAL ESTATE, liability of heir or devisee for specialty debts, 36. effect of alienation by heir or devisee before action brought, 36. infant heir or devisee may convey by order of Court in certain persons having limited interests may convey by order of Court in freeholds and copyholds to be assets for payment of all debts, 37. DE DONIS CONDITIONALIBUS, 1. DEED, what acts are required to be by, 63. contingent and executory interests disposed of by, 63. DESCENT, see INHERITANCE. |