Page images
PDF
EPUB

Land Act, 1882, ss. 5, 24; see a Precedent for this in Vol. II.

MORTGAGES, p. 211.

Page 457 End of note, see Add. to p. 385.

[ocr errors][ocr errors]

459 Precedent XXVIII. See Add. to p. 454.

461 Precedent XXX. On a purchase of a reversion, the powers of sale and leasing given by the Settled Land Act, 1882, to the tenant for life or limited owner, which he cannot release or contract not to exercise (see s. 50), should be borne in mind.

465 Precedent XXXIV. As regards the share vested in trustees, D. and E., the Precedent requires no alteration with reference to the Settled Land Act, 1882, but the share might be conveyed by the tenant for life F., as if he were absolute owner under the Act (sce as to undivided shares, s. 19), the purchase money being paid to the trustees, who would be parties merely to acknowledge the receipt. The same simple mode of conveyance might also be used in lieu of the conveyance by revocation and appointment of the use in the case of a share settled as mentioned in p. 468, note. The share vested in an infant might also be conveyed under the Act, see Add. to p. 209, and Appendix, p. 853. As to the married woman C., if she were married and her title arose before 1883, whether she is entitled for her separate usc or not, the husband's concurrence is necessary, and the precedent requires no alteration, and she must acknowledge the deed; otherwise she would join in the conveyance under the Married Women's Property Act, 1882 (ss. 1, 2, 5), as a feme sole. But in any case her covenants will now operate under the Act (s. 1) as if she were a feme sole to the extent of her separate estate. See Appendix, Precedent IX., p. 860. As to the share sold by the executor G. under a power of sale to pay debts, the case is of course not affected by the Settled Land Act, 1882.

471 Precedent XXXV. If there is a tenant for life of the proceeds of sale within the Settled Land Act, 1882 (the sale not being for payment of debts), he must be a consenting party; or he could sell and convey under the Act; as to the mode of conveyance, in that case, see s. 20.

473 Precedent XXXVII. This requires no alteration with reference to the Settled Land Act, 1882, but the tenant for life may enfranchise and convey under the Act, see ss. 3 (ii.), 4, (1, 6, 7), and Add. to p. 307; in which case the frame of the conveyance would be simpler; the consideration money, unless paid into Court, being paid to the "trustees of the settlement" under s. 22, who would be parties merely to acknowledge the receipt. The variations required for this case are indicated by the Precedent of a conveyance on Sale, Appendix, p. 843.

477 Precedent XXXIX. If the wife was married and her title arose before 1883, the old law applies and this requires no alteration; other

wise she could convey as a feme sole under the Married Women's Property Act, 1882, and her husband need not join except for the reasons stated at p. 863, note. In either case she can covenant as a feme sole under the Act. See p. 861.

Page 496 Precedent XLVIII. As to laying out part of a settled estate for building, see the Settled Land Act, 1882, s. 16.

[ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors]

507 Precedent LII. The sale and conveyance might probably be made by
the tenant for life under the Settled Land Act, 1882, see Add. to
p. 298, and Appendix, p. 836, note; the trustees receiving the pur.
chase money under s. 22, and being parties merely to acknowledge
the receipt; and the conveyance of the tenant for life would,
under s. 20, pass the whole estate," the subject of the settlement;"
including the legal estate in the leaseholds which is vested in
the surviving trustee of the will. See Appendix, p. 844, note.
510 line 9. See Add. to p. 359.

511 Precedent LIII. This might now be effected under the Settled Land
Act, 1882, ss. 59, 60; see Appendix, p. 853, note.
Precedent LIV. See Add. to p. 507.

512

516, 518. Precedents LV. and LVI. See the Lunacy Orders, 1883, rule 96. 525. Precedent LIX. As to the stamp duty on this deed, see the Stamp Act, 1870, s. 73, Ulverstone & Lancaster Ry. Co. v. Commissioners, Sc., 2 H. & C. 855.

539, 540. The power of attorney might be made irrevocable under the
Conv, Act, 1882, s. 8; see Add. to p. 176.

545 As the covenant by the company to indemnify the vendor against
the debts might make the deed chargeable with duty on the
amount of the debts under the Stamp Act, 1870, Sched. tit.
COVENANT, it would be better to omit the covenant, and to leave
this to rest on the preliminary contract, if any; or otherwise on
a recital of the agreement to give the covenant if required.
548 Precedent LXVIII. requires no alteration as regards the married
woman, with reference to the Married Women's Property Act, 1882,
unless she was married or her title arose after 1882, in which case
the concurrence of the husband and acknowledgment of the deed
would be unnecessary under ss. 1, 2, and 5 of the Act, but the
implied covenants of the wife would in any case bind her as a feme
sole. See p. 861.

549 Note (a). See in connection with the cases referred to In re Newton,
W. N., 1882, 186.

557 Forms IX. and x.; see now the Married Women's Property Act, 1882, s. 1, under which the covenant of a married woman, whenever married, binds all her separate property present or future, without being so expressed, and the cases in note (e) are super. seded; but it may sometimes be proper to express the intention in this respect, see Appendix p. 863.

Page 569 See also the forms in the Appendix, p. 864 et seq.

[merged small][ocr errors][ocr errors][ocr errors]

573 Note. The Married Women's Property Act, 1882, does not appear to apply to property vested in a married woman as trustee (except s. 18, relating to stocks, shares, &c.), sec Appendix, p. 861; or to enable her to disclaim real or leasehold property without a deed acknowledged.

As to the disclaimer of powers, see the Conv. Act, 1882, s. 6. 579 This precedent is adapted without alteration to a case where the wife was married and her title arose before 1883; otherwise she can disentail as a feme sole under the Married Women's Property Act, 1882, ss. 1, 2, 5. The grantee to uses might in that case be dispensed with, as by the Conv. Act, 1881, s. 50, a wife may convey freeholds direct to her husband.

589 See also the forms in the Appendix, pp. 868, 872, of an agreement for, and conveyance on, exchange by a tenant for life under the Settled Land Act, 1882.

592 The Copyhold, Tithe, and Enclosure Commissioners are now styled and their powers are vested in "the Land Commissioners for England;" see the Settled Land Act, 1882, s. 48.

595 Precedent V. If there is a tenant for life or person having the powers of one under the Settled Land Act, 1882 (see ss. 2, 58, 59), who is sui juris, he would be a necessary consenting party, under s. 56, where the exchange is made under the powers of the settlement as in this case; but if the tenant for life is an infant, the "trustees of the settlement" are, under s. 60, the parties to consent on his behalf, so that this precedent is adapted without alteration to that case. It would generally be better to proceed under the powers of the Act; see Appendix, Precedent XVIII., p. 872.

597 Note (b). See also as to settled estates, the Settled Land Act, 1882, ss. 5, 24.

649 Note. As to the power to grant a lease to effectuate a contract entered into by a deceased tenant for life, see Davis v. Harford, 22 Ch. D. 128, and the Settled Land Act, 1882, s. 31 (2).

Ib. Bottom of page. It should be particularly noted that the necessity for giving notice to the trustees under s. 45 is only when the lease is granted under the powers of the Act, see s. 55 (3); this will often be a reason for granting it under the powers of the settlement or the Settled Estates Act, 1877, if adequate (see s. 56); especially where there is only one trustee, to avoid the difficulty caused by the proviso in s. 45 (2).

650 Line 17. The Conv. Act, 1881, s. 41, applies, although the infant's estate is subject to a gift over on his death under twenty-one, In re Liddell, W. N. 1882, 183.

lb.

[ocr errors][ocr errors]

Ib.

Line 23. For "s. 50" read "s. 59."

Line 2 from bottom. Where the married woman is an infant the provisions of s. 60 of the Settled Land Act, 1882, relating to infancy, are, by the effect of s. 61 (4), extended to the case, so as to apply

whether she is a limited or (under s. 59) an absolute owner, subject to the husband's concurrence being obtained where the property is not her separate estate.

Page 655 Note (a), line 2. After "better" insert "in the case of a lease for a term not exceeding thirty-five years, see the Stamp Act, 1870, s. 96." Walsh v. Lonsdale is now reported 21 Ch. D. 9. See also an article on that case in 27 Solicitors' Journal, 19. It appears to result from that case that in the case of a lease for a term exceeding thirty-five years, the stamp duty nay without disadvantage be saved by having an agreement for a lease, a full form of which may be given in a schedule, the agreement requiring only a 6d. stamp, and being for all practical purposes equivalent to an actual lease.

[ocr errors][ocr errors]

656 and 663. As to what are usual covenants, see some articles in 27 Sol. J., p. 129, 142, 159, 177.

658 Note, last line. The reasoning in the judgments in Smalley v. Hardinge, 6 Q. B. D. 371, 7 Q. B. D. 524; Ex parte Walton, 17 Ch. D. 746 ; and O'Farrell v. Stephenson, Ir. L. R. 4 Q. B. 151, 715 (deciding that a legal underlease is not put an end to by the disclaimer of the trustee in bankruptcy of the head lessee, see p. 667, note), particularly in Er parte Walton, and in East & West India Dock Co. v. Hill, 22 Ch. D. 14, tends to show that the decision in Taylor v. Gillott would not now be followed.

800 Notes (r) and (*). As to an infant married woman, see Add. to

p. 650.

ADDENDA ET CORRIGENDA TO VOLUME I.

(Additional.)

59

Page 14

[ocr errors][merged small][ocr errors][ocr errors]

Note (k). See Reeves v. Adie, W. N., 1883, 112.
Precedent XVI.

XVI. J 360

Form IV.

As to the remedy for recovery of the apportioned

rent after severance of the reversion, see

Mayor of Swansea v. Thomas, 10 Q. B. D. 48.

102 Precedent XV. It would be better to make the power exerciseable by deed or will, as it might otherwise be questioned whether the old power is subsisting.

105 Note. As to the effect of the Conv. Act, 1881, s. 31, with reference to instruments executed before the Act, relying on Lord Cranworth's Act, see In Re Walker, W. N., 1883, 160.

107

228

Note, line 5. See In Re Harrison, W. N., 1883, 31.

Forms + A., 4 B. As to whether improvement rates are "outgoings within such a condition, see Midgley v. Coppock, 4 Ex. D. 309 ; Re Furtado, 27 S. J. 466.

234 Note (8). See also Joliffe v. Baker, 11 Q. B. D. 255.

[ocr errors]

263

[ocr errors]
[ocr errors]

A special condition of sale may be required to prevent an objection to the title where the land is subject to a terminable rentcharge under the Lands Improvement Acts. See Vol. II., p. 619, note. 284 Note. Add a reference to Castellain v. Preston, 8 Q. B. D. 613, reversed on appeal, W. N., 1883, 52.

342 Note (c). In Re Bellamy, referred to in the Addenda, has been reversed on appeal, W. N., 1883, 121.

502 Note (ƒ). For "Copyhold "read now "Land" Commissioners. See

the Settled Land Act, 1882, s. 48. As to the discharge of incumbrances affecting land on a sale, see the Conv. Act, 1881, s. 5, the provisions of which, however, do not seem well adapted to the case of a perpetual rent charge.

,, 627 Note. Allum v. Dickinson is now reported, 9 Q. B. D. 632. 629 Form XI.

XVII.
XXI., XXII.

[ocr errors]
[merged small][ocr errors]
[ocr errors]

632

[ocr errors]
[ocr errors][merged small][merged small]
[merged small][ocr errors]
[merged small][merged small][ocr errors][merged small]

V.

Although a power of distress for rent is not affected by the Bills of Sale Acts, such a power for securing an ordinary debt, or a clause making the debt recoverable by distress as rent in arrear, appears to be invalidated by the Acts (see the Act of 1878, ss. 4, 6); and it may be better to reserve the money due by way of extra rent, as in p. 690, note, which if valid would carry with it the right of distress.

« EelmineJätka »