property, real or personal, including a covenant to surrender copyholds (see the definition of " conveyance" in s. 2); but not to a customary assurance, otherwise than by deed, of copyhold or customary land, nor to a lease at a rent (sub-s. 5). Although the right to admittance generally arises only on a surrender, by the special custom of some manors it may be conferred by deed (Thompson v. Hardinge, 1 C. B. 940), in which case the enactment would of course apply (see Hood and Challis, 34).

The statutory covenants are sufficiently in accordance with the previously Adoption established practice, to be adopted, and they are practically universally of Act. relied on in all ordinary cases; but occasionally it may be necessary to insert express covenants (as where the property is situate abroad), or to vary the statutory covenants.

As to the protection afforded to solicitors and trustees adopting the Act, see above, p. 228, note.

In order to raise the proper statutory covenants, it is essential that the conveying party should expressly convey or direct the conveyance "as beneficial owner," or convey as "trustee " or mortgagee," &c., as the case may be.

Use of particular words is

essential.

convey'

Without these or other words mentioned in the Act no covenant will be implied, although the fact that the conveyancing party is beneficial owner or trustee, &c., may appear from the recitals or otherwise (see sub-s. 4). It must not be supposed that because the word "convey" is used in this As to word section, and in the forms in the 4th schedule to the Act, it is therefore necessary to use that particular word to imply the covenants. The word "convey" in the Act includes all the ordinary modes of conveyance (see s. 2, and above, page 349, note); and it is quite clear that the ordinary operative words of conveyance will suffice, both to pass the estate and raise the covenants for title.

in common,

It is necessary, where tenants in common or others having limited interests Conveyance join in conveying, to insert words defining the particular share or interest by tenants which each party conveys, in order that the implied covenant of each may &c. extend to such share or interest only, and not to the entirety; or else to limit the operation of the covenant in this respect by a subsequent proviso, which is often better.

In a conveyance by joint tenants, or by donees of a joint power of appoint- By joint ment, as they jointly convey the entirety, the implied covenant would it tenants. seems be a joint one extending to the entirety; and if it is desired to limit the liability of each to the share to which he would be entitled on a severance, a proviso qualifying the statutory covenant must be inserted.

Reference may here be made to the Lands Clauses Consolidation Act, "Grant" 1845, s. 132, by which the word "grant” in a conveyance by a railway or under other company under that Act, implies the usual covenants for title. See L. C. C. Act, 1845. also, 1 & 2 Vict. c. 20, s. 22 and the Acts referred to in Elph. Introd. p. 87. As to the construction of covenants for title see Elph. Interp. 473.

The common forms of express covenants for title, &c., with the ordinary variations indicated in notes, are here given, as, although they can rarely be necessary in conveyances of land in England, they may be required in conveyances of land in the colonies.

K.E.-VOL. I.

D D

That lease is good, &c.

That rent and covenants paid and performed.

For right

to convey

Covenants when extended to acts of

ancestors

and

testators.

Variations.
Several

leases.

Other parties

I.

FREEHOLDS and LEASEHOLDS by ONE VENDOR to ONE PURCHASER.
With VARIATIONS (a).

AND THE sd, vendor, doth hby, for himself, his hrs, exs, & ads (b), covt with the sd, pchaser, his hrs, exs, ads, & assns, that notwg anything by him, the sd, vendor, [or any of his ancestors or testors] [or the sd X. deced] done, omitted, or knowingly suffered to the contrary, the sd lease is now valid & subsistg & in nowise forfeited, surrendered, or become void or voidable AND THAT the rent & covts on the pt of the lessee & condons by & in the sd lease reserved & contd have been duly pd, observed, & pformed up to the date of these psnts: AND THAT notwg anything by him the sd, vendor, [or any of his ancestors or testors] [or, the sd X. deced] done, omitted, or

(a) Where a vendor can present a clear title, which he claims under a purchase for valuable consideration, he covenants only for his own acts. In the case of a title derived under a will or intestacy the covenant extends to the ancestors and testators respectively. The words in brackets "or the said X., deceased,” are applicable where the covenant extends only to the acts of a particular ancestor or testator. Under the statutory covenants a vendor claiming under a settlement (whether voluntary or for value), would be liable also for the acts of the settlor; see p. 399.

66

66

For several leases, say respive leases," and respive terms, &c."

If trustees, mortgagees, or other parties join in the conveyance, the covenant will be that "the sd, vendor, with the concurrce of the concurring. sd, other conveyg pties, now hath full power, &c."

Other forms of conveyance.

To uses of settlement or will.

Leases or incumbrances,

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For the word assure," the words "grt," "appt,” “appt & grt," rele," or convey," may be substituted according to the

66

nature of the conveyance.

In a conveyance to the uses of a settlement or will, or any uses less simple than to the purchaser in fee, substitute for the words "to the use of the sd, pchaser, his hrs & assns," the words " to the uses and in mner hinbfe expd."

The above form is applicable to a sale subject to leases or incumbrances.

If not required, the word " subjt, &c." will be omitted throughout.

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(b) In this and the following forms of express covenants the words hrs, exs, & ads," of the covenantor, and "hrs & assns," of the covenantee are retained on the supposition that the forms will only be used in the case of conveyances of land in the colonies.

knowingly suffered, he the sd, vendor, now hath full power to and assign, assure all the sd freehd hds & premes hinbfe expd to be hby &c. assured to the use of the sd, pchaser, his hrs & assns, subjt as afsd, or, "subjt to the sd respive leases, chges, & incumbces to wch the assurce hby made is hinbfe expd to be subjt," & to assn all the sd leasehd hds & premes hby assned unto the sd, pchaser, his exs, ads, & assns for all the residue now unexpired

incum

brances.

of the sd term in mner & subjt as afsd: AND THAT the sd For quiet freehd premes & every pt thof shl remain & be to the use of enjoyment. the sd, pehaser, his hrs & assns in mner afsd, & that the sd leasehd premes shl durg the residue of the sd term remain & be to the sd, pchaser, his exs, ads, & assns, in mner afsd, & that all the sd hds & premes shl be quietly entd into & upon & held & enjoyed, & the rents & profits thof reced accdly subjt as afsd witht any interruption, claim, or demand by the sd, vendor, his hrs, exs, or ads, or any pson claimg under or in trust for him [or any of his ancestors or testors] [or, the sd X. deced] other than & except any pson or psons claimg in respt of any of the chges or incumbces afsd: AND THAT Free from dischged from or orwise by the sd, vendor, his hrs, exs, or ads sufftly indemnified agst all incumbces, claims, & demands created by him the sd, vendor, [or any of his ancestors or testors] [or, the sd X. deced] or any pson or psons claimg or to claim through, under, or in trust for him, them, or any of them save as afsd: AND THAT he the sd, vendor, & every pson For further havg or claimg any este, rt, or intt in or to the sd freehd & leasehd premes resply, or any of them, or any pt thof resply, under or in trust for him the sd, vendor [or any of his ancestors or testors] [or, the sd X. deced] will at all times, at the cost of the pson or psons requirg the same, exte & do all such assurces & acts for the further or more effectually assurg the sd freehd premes, or any pt thof resply, to the use of the sd, pchaser, his hrs & assns, in mner & subjt as afsd, & assng the sd leasehd premes, or any pt thof, unto the sd, pchaser, his exs, ads, & assns for the residue wch shl be then unexpired of the sd term, in mner & subjt as afsd, as shl be reasbly required.

assurance.

For right

II.

FREEHOLDS in a conveyance by JOINT TENANTS, TENANTS IN COMMON, or, COPARCENERS, one being a MARRIED WOMAN whose HUSBAND joins. VARIATIONS, where the parties are interested in UNEQUAL SHARES. Also for a conveyance by TENANT for LIFE and REMAINDERMEN (a).

&

AND (b) each of them the sd, cortors by name, [or, the sd to convey. pties hto of the pts,] so as to be ansble or liable only in respt of, if jt tenants, "one eql share of or in the sd hds & premes hby assured," if tenants in common or coparceners, "the share or intt of or in the sd hds & premes hby assured to wch the covtg pty or his wife is or claims to be entled, or has or claims to have power to appt or dispose of as afsd," & only in respt of the acts & defaults of himself or herself, & of his or her ancestors or testors, & of psons claimg under or in trust for him, her, or them resply, [& in the case of the sd, husbd, in respt of the acts & defaults of the sd, his wife, & of psons claimg under her, but not further or orwise,] doth hby for himself or herself, his, her hrs, exs & ads, covt with the sd, pchaser or grtee to uses, his hrs & assns, that notwg anything by them, the sd covtg pties, or any of them, or any of their ancestors or testors, or any pson claimg under or in trust for them or any of them. done, omitted, or knowgly suffered to the contrary, they, the sd covtg pties resply now have full power, for rt to convey as in No. I.: For quiet enjoymt, as in No. I., witht any enjoyment. interruption, claim, or demand by the sd covtg pties or any of

For quiet

Variation for convey. ance by

(a) For other variations, see note to last form.

(b) For conveyance of a tenant for life and remaindermen, say,

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'AND the sd, tenant for life, so far as relates to the title & further assurce of the sd hds & premes hby assured durg his tenant for life, & each of them the sd, remrmen, so far as relates to the

life and

remainder

men.

title to & further assurce of one eql

pt or share of or in the same premes, or, the pt or share of or in the premes to wch he is or claims to be entled as afsd,' in remr expectant on the life este of the sd, tenant for life, thrin doth hby, &c."

incum

them, or any pson claimg under or in trust for them or any of them, or any of their ancestors or testors: AND THAT dischged Free from from, or orwise by the sd covtg pties resply, or their respive brances. hrs, exs, or ads, indemnified agst all estes & incumbces created by the sd covtg pties, or any of them, or any of their ancestors or testors, or any pson claimg under or in trust for them or any of them: AND FURTHER that the sd covtg pties For further resply, & every pson havg or claimg any este, rt, or intt in or to the premes, or any pt thof, under or in trust for them, or any of them, or any of their ancestors or testors, will at all times hrafter, &c., for further assurce, as in No. I.

assurance.

III.

PERSONAL PROPERTY. VARIATION for life POLICY.

&c.

assurance.

AND the sd, vendor, doth hby for himself, his hrs, exs, & For right ads, covt with the sd, pchaser, his exs, ads, & assns, that to assign, notwg anything by him, the sd, vendor, [or the sd X. deced], done, admitted, or knowgly suffered to the contrary (d), he, the sd, vendor, now hath full power to assn the premes hinbfe assned unto the sd, pchaser, his exs, ads, & assns in mner afsd, free from incumbces: AND THAT he, the sd, vendor, & For further every pson havg or claimg any este, rt, or intt in or to the premes, or any pt thof, under or in trust for him [or the sd X. deced] will at all times, at the cost of the sd, pchaser, his exs, ads, or assns, exte & do all such assurces & acts for the further or more effectually assurg the premes or any pt thof unto the sd, pchaser, his exs, ads, & assns, & enablg him & them to recover, rece & obtain paymt & transfer of the same as shl be reasbly required.

(d) For a policy of assurance say, "the sd poly is now valid & Policy. subsistg & in nowise forfeited or become void or voidable & that notwg any such thing as afsd," and describe the property as "the said poly & premes hinbfe assned."