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. WE 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. 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 by virtue of this Act shall nevertheless be as valid and effectual, 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. No. 16. Act 8 & 9 V. c. 119. 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 partics 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 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); 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 the 3. And that it shall be lawful for the said said (covenantee) covenantee, his heirs and assigns, from time shall have quict 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. COLUMN I. 4. free from all incumbrances. 5. And the said (covenantor) covenants with the said (covenantee) that he will execute such further assurances of the said lands as may be requisite. COLUMN II. 4. And that free and clear, and freely and absolutely acquitted, exonerated, and for ever discharged, or otherwise by the said covenantor or his heirs well and sufficiently saved, kept harmless, and indemnified of, from, and against any and every former and other gift, grant, bargain, sale, jointure, dower, use, trust, entail, will, statute, recognizance, judgment, execution, extent, rent, annuity, forfeiture, reentry, and any and every other estate, title, charge, trouble, and incumbrance whatsoever, made, executed, occasioned, or suffered by the said covenantor or his heirs, or by any person claiming or to claim by, from, under, or in trust for him, them, or any of them. 5. 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, that he the said covenantor, his heirs, executors, or administrators, and all and every other person whosoever having or claiming, or who shall or may hereafter have or claim, any estate, right, title, or interest whatsoever, either at law or in equity, in, to, or out of the said lands and premises hereby conveyed or intended so to be, or any of them, or any part thereof, by, from, under, or in trust for him, them, or any of them, shall and will from time to time and at all times hereafter, upon every reasonable request, and at the costs and charges of the said covenantee, his heirs or assigns, make, do, execute, or cause to be made, done, or executed, all such further and other lawful acts, deeds, things, devices, conveyances, and assurances in the law whatsoever, for the better, more perfectly, and absolutely conveying and assuring the said lands and premises hereby conveyed or intended so to be, and every part thereof, with their appurtenances, unto the said covenantee, his heirs and assigns, in manner aforesaid, as by the said covenantee, his heirs and assigns, his or their counsel in the law, shall be reasonably devised, advised, or required, so as no such further assurances contain or imply any further or other covenant or warranty than against the acts and deeds of the person who shall be required to make or execute the same, and his heirs, executors, or administrators, only, and so as no person who shall be required to make or execute such assurances shall be compellable for the making or exe No. 16. Act 8 & 9 V. c. 119. COLUMN II. cuting thereof to go or travel from his usual place of abode. 6. 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, that the said covenantor and his heirs shall and will, unless prevented by fire or other inevitable accident, from time to time and at all times hereafter, at the request, costs, and charges of the said covenantee, his heirs or assigns, or his or their attorney, solicitor, agent, or counsel, at any trial or hearing in any action or suit at law, or in equity, or other judicature, or otherwise, as occasion shall require, produce all and every or any deed, instrument, or writing hereunder written, for the manifestation, defence, and support of the estate, title, and possession of the said covenantee, his heirs or assigns, in or to the said lands and premises hereby conveyed, or intended so to be, and, at the like request, costs, and charges, shall and will make and deliver, or cause to be made and delivered, true and attested or other copies or abstracts of the same deeds, instruments, and writings respectively, or any of them, and shall and will permit and suffer such copies and abstracts to be examined and compared with the said original deeds by the said covenantee, his heirs and assigns, or such person as he or they shall for that purpose direct and appoint. 7. And the said covenantor, for himself, his heirs, executors, and administrators, doth hereby covenant, promise, and agree with and to the said covenantee, his heirs and assigns, that he hath not at any time heretofore made, done, committed, executed, or wilfully or knowingly suffered, any act, deed, matter, or thing whatsoever whereby or by means whereof the said lands and premises hereby conveyed, or intended so to be, or any part or parcel thereof, are, is, or shall or may be in anywise impeached, charged, affected, or incumbered in title, estate, or otherwise howso ever. 8. And the said releasor had remised, released, and for ever quitted claim, and by these presents doth remise, release, and for ever quit claim, unto the said releasee, his heirs and assigns, all and all manner of right, title, interest, claim, and demand whatsoever, |
