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No. 15. tenements or hereditaments shall, to the extent and for the purpose Act 8 & 9 V. 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. Act not to ex- X. That this Act shall not extend to Scotland. tend to Scotland,
No. 16. No. 16.-8 & 9 Vic. ch. 119. An Act to facilitate the Conreyance Act 8 & 9 V.
of Real Property. (8th August, 1845.) THEREAS 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 Where the assembled, and by the authority of the same, that whenever any words of party to any deed, made according to the forms set forth in the Column I.
first Schedule to this Act, or to any other deed which shall be of the Second Schedule are
expressed to be made in pursuance of this Act, or referring thereto, employed, the
shall employ in any such deed respectively any of the forms of deed to have words contained in Column I. of the second Schedule hereto the same effect
nexed, and distinguished by any number therein, such deed shall as if the words be taken to have the same effect and be construed as if such party in Column II.
had inserted in such deed the form of words contained in Column were inserted.
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. Deed to include 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 reversion and all
out-houses, edifices, barns, stables, yards, gardens, orchards, comthe estate. mons, 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. Stamp duty on III. That every such deed under this Act shall be chargeable deed to be same with the stamp duty with which the same would have been chargeas on lease, &c., able 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. Remuneration
IV. That in taxing any bill for preparing and executing any for deed under
deed under this Act, it shall be lawful for the taxing officer, and he be by length
is hereby required, in estimating the proper sum to be charged for only.
such transaction, to consider not the length of such deed, but only the skill and labour employed, and responsibility incurred in the preparation thereof.
for a year.
the Act not to
V. That any deed or part of a deed which shall fail to take effect
No. 16. 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 Schedules, &c. contained, shall be deemed and taken to be parts of this Act.
to form part of VIII. That the Act shall commence and take effect from and Act,
Commenceafter the First day of October next.
ment of Act. IX. That this Act shall not extend to Scotland.
Not to extend to Scotland.
SCHEDULES TO WHICH THIS ACT REFERS.
THE FIRST SCHEDULE.
This indenture, made the
One 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. 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 “ 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. forms in the first column of this Schedule, and corresponding Act 8 & 9 V. 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.
1. The said (co- 1. And the said covenantor doth hereby, venantor) covenants for himself, his heirs, executors, and adminiwith the said (cove- strators, covenant, promise, and agree with nantee),
and to the said covenantee, his heirs and
assigns, in manner following ; (that is to say,) 2. That he has 2. That for and notwithstanding any act, the right to convey deed, matter, or thing by the said covenantor the said lands to done, executed, committed, or knowingly or the said (covenantee) wilfully permitted or suffered, to the contrary, notwithstanding any he the said covenantor now hath in himself Act of the said (co- good right, full power, and absolute authority venantor);
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 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.
Act 8 & 9 V. 4. free from all 4. And that free and clear, and freely and incumbrances. absolutely acquitted, exonerated, and for ever
discharged, or otherwise by the said cove-
trust for him, them, or any of them.
any estate, right, title, or interest whatsoever,
No. 16. Act 8 & 9 V.
cuting thereof to go or travel from his usual
place of abode. 6. And the said 6. And the said covenantor doth hereby, (covenantor) cove- for himself, his heirs, executors, and admininants with the said strators, covenant, promise, and agree with (covenantee) that he and to the said covenantee, his heirs and will produce the assigns, that the said covenantor and his heirs title deeds enume- shall and will, unless prevented by fire or rated hereunder, and other inevitable accident, from time to time allow copies to be and at all times hereafter, at the request, costs, made of them, at the and charges of the said covenantee, his heirs expense of the said or assigns, or his or their attorney, solicitor, (covenantee). 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 ap
point. 7. And the said 7. And the said covenantor, for himself, (covenantor) cove- his heirs, executors, and administrators, doth nants with the said hereby covenant, promise, and agree with and (covenantee) that he to the said covenantee, his heirs and assigns, has done no act to that he hath not at any time heretofore made, incumber the said done, committed, executed, or wilfully or lands.
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
8. And the said 8. And the said releasor had remised, re(releasor) releases to leased, and for ever quitted claim, and by the said (releasee) these presents doth remise, release, and for all his claims upon ever quit claim, unto the said releasee, his the said lands. heirs and assigns, all and all manner of right,
title, interest, claim, and demand whatsoever,