Page images
PDF
EPUB

No. 14.

Act 6 & 7 V.

c. 96.

should be published; and that to entitle the defendant to give evidence of the truth of such matters charged as a defence to such indictment or information, it shall be necessary for the defendant, in pleading to the said indictment or information, to allege the truth of the said matters charged in the manner now required in pleading a justification to an action for defamation, and further to allege that it was for the public benefit that the said matters charged should be published, and the particular fact or facts by reason whereof it was for the public benefit that the said matters charged should be published, to which plea the prosecutor shall be at liberty to reply generally, denying the whole thereof; and that if after such plea the defendant shall be convicted on such indictment or information, it shall be competent to the Court, in pronouncing sentence, to consider whether the guilt of the defendant is aggravated or mitigated by the said plea, and by the evidence given to prove or to disprove the same: Provided always, that the truth of the matters charged in the alleged libel complained of by such indictment or information shall in no case be inquired into without such plea of justification: Provided also, that in addition Double plea. to such plea it shall be competent to the defendant to plead a plea of not guilty: Provided also, that nothing in this Act contained Proviso as to shall take away or prejudice any defence under the plea of not guilty, which it is now competent to the defendant to make under such plea to any action or indictment or information for defamatory words or libel.

plea of not guilty in civil

and criminal proceedings.

Evidence to rebut primâ facie case of publication by

an agent.

VII. And be it enacted, That whensoever, upon the trial of any indictment or information for the publication of a libel, under the plea of not guilty, evidence shall have been given which shall establish a presumptive case of publication against the defendant by the act of any other person by his authority, it shall be competent to such defendant to prove that such publication was made without his authority, consent, or knowledge, and that the said publication did not arise from want of due care or caution on his part. VIII. And be it enacted, That in the case of any indictment or On prosecution information by a private prosecutor for the publication of any for private libel, defamatory libel, if judgment shall be given for the defendant, he defendant shall be entitled to recover from the prosecutor the costs sustained by the said defendant by reason of such indictment or information; and that upon a special plea of justification to such indictment or information, if the issue be found for the prosecutor, he shall be entitled to recover from the defendant the costs sustained by the prosecutor by reason of such plea, such costs so to be recovered by the defendant or prosecutor respectively to be taxed by the proper officer of the Court before which the said indictment or information is tried.

entitled to costs on

acquittal.

IX. And be it enacted, That wherever throughout this Act, Interpretation in describing the plaintiff or the defendant, or the party affected of Act. or intended to be affected by the offence, words are used importing the singular number or the masculine gender only, yet they shall be understood to include several persons as well as one person, and females as well as males, unless when the nature of the provision or the context of the Act shall exclude such construction.

X. And be it enacted, That this Act shall take effect from Commencethe First day of November next; and that nothing in this Act contained shall extend to Scotland.

ment and extent of Act.

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,
partitions,
exchanges,

leases, assign-
ments, and
surrenders
required
(subject to

certain excep-
tions) to be by
deed.

Feoffments not to operate by wrong, nor exchanges or

No. 15.-8 & 9 Vic. ch. 106. An Act to amend the Law of Real
Property. (4th August, 1845.)

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 means 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

No. 15.

Act 8 & 9 V.

tenements or hereditaments made by deed, executed after the said First day of October, One thousand eight hundred and forty-five c. 106. 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 partitions to imply any covenant in law in respect of any tenements or here- imply any ditaments, except so far as the word "give" or the word "grant" give and grant may by force of any Act of Parliament imply a covenant.

"condition, or

any covenant.

under an inden

as such.

other like interests, also rights of entry, by deed, saving estates in tail; and as regards

made alienable

V. That under an indenture executed after the First day of Strangers October, One thousand eight hundred and forty-five, an immediate may take estate or interest in any tenements or hereditaments, and the immediately, 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. VI. That after the First day of October, One thousand eight Contingent and hundred and forty-five, a contingent, an executory, and a future interest, and a possibility coupled with an interest in any tenements or hereditaments of any tenure, whether the object of the gift or limitation of such interest or possibility be or be not ascertained, also a right of entry, whether immediate or future, and whether vested or contingent into or upon any tenements or hereditaments 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 rela- c. 74. tive 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."

married women enjoining

conformity to 3 & 4 W. 4,

married women to disclaim estates or interests by deed extended to England.

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 hereditaments in England of any tenure may be disclaimed by a married woman by deed; and that every such disclaimer shall be made conformably to the said provisions of the said Act for the abolition of fines and recoveries and for the substitution of more simple modes of assurance.

VIII. That a contingent remainder existing at any time after the Thirty-first day of December One thousand eight hundred and 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.

Contingent remainders protected as

from 31st Dec. 1844, against the premature failure of a preceding estate. When the reversion on a lease is gone, the next

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 reversion. the tenant under the same lease the next vested right to the same

estate to be deemed the

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
of preserving such incidents to and obligations on the same rever-
sion as but for the surrender or merger thereof would have sub-
sisted, be deemed the reversion expectant on the same lease.
X. That this Act shall not extend to Scotland.

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, easements, profits, commodities, emoluments, hereditaments, and appurtenances whatsoever to the lands therein comprised, belonging, or in anywise appertaining, or with the same demised, held, used, occupied 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.

day of

One

This indenture, made the thousand eight hundred and forty(or other year) in pursuance of an Act to facilitate the conveyance of real property, between (here insert names of parties and recitals, if any,) witnesseth, that in consideration of sterling now paid by the said (grantee) or (grantees) to the said (grantor) or (grantors) (the receipt whereof is hereby by him or them acknowledged), he or they the said (grantor) or (grantors) doth or do grant unto the said (grantee) or (grantees), his or their heirs and assigns for ever, all, &c. (parcels). (Here insert covenants, or any other provisions.) In witness whereof the said parties hereto have hereunto set their hands and seals.

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

« EelmineJätka »