c. 41. 44 & 45 Vict. cipal sum of £ only remains due in respect of the said mortgage as the mortgage money and no interest is now due and payable thereon AND WHEREAS B. is seised in fee simple of the land comprised in the said mortgage subject to that mortgage Now THIS INDENTURE WITNESSETH that in consideration of the sum of £ now paid to A. by C. of which sum 4. hereby acknowledges the receipt and B. hereby acknowledges the payment and receipt as aforesaid A. as mortgagee hereby conveys and transfers to C. the benefit of the said mortgage AND THIS INDENTURE ALSO WITNESSETH that for the same consideration A. as mortgagee and according to his estate and by direction of B. hereby conveys and B. as beneficial owner hereby conveys and confirms to C. All that [&c.] To hold to and to the use of C. in fee simple for securing payment on the day of 1882 off the sum of £ as the mortgage money with interest thereon at the rate of [four] per centum per annum. In witness, &c. [Or, in case of further advance, after aforesaid at insert and also in consideration of the further sum of £ now paid by C. to B. of which sum B. hereby acknowledges the receipt, and after of at † insert the sums of £ and £ making together] Variations to be made, as required, in case of the deed being made by indorsement or in respect of any other thing, PART III. (u). the Deed of Statutory Re-conveyance of Mortgage. day of THIS INDENTURE made by way of statutory re-conveyance of mortgage day of 1884 between C. of [&c.] of the one part and B. of [&c.] of the other part supplemental to an indenture made by way of statutory transfer of mortgage dated the i883 and made between [&c.] WITNESSETH that in consideration of all principal money and interest due under that indenture having been paid of which principal and interest C. hereby acknowledges the receipt C. as mortgagee hereby conveys to B. all the lands and hereditaments now vested in C. under the said indenture To hold to and to the use of B. in fee simple discharged from all principal money and interest secured by and from all claims and demands under the said indenture. In witness, &c. Variations as noted above. THE FOURTH SCHEDULE (x). SHORT FORMS OF DEEDS. I.-Mortgage. THIS INDENTURE OF MORTGAGE made the day of 1882 between A. of [&c.] of the one part and B. of [&c.] and C. of [&c.] of the (u) See sect. 29, ante, p. 584. rate by equal half-yearly payments on the day of and the day of day of AND THIS INDENTURE ALSO WITNESSETH that for the same consideration A. as beneficial owner hereby conveys to B. and C. All that [&c.] To hold to and to the use of B. and C. in fee simple subject to the proviso for redemption following (namely) that if A. or any person claiming under him shall on the 1882 pay to B. and C. the sum of £ and interest thereon at the rate aforesaid then B. and C. or the persons claiming under them will at the request and cost of A. or the persons claiming under him re-convey the premises to A. or the persons claiming under him And A. hereby covenants with B. as follows [here add covenant as to fire insurance or other special covenant required]. In witness, &c. 44 & 45 Vict. c. 41. day of THIS INDENTURE made the parties as the foregoing mortgage] mortgage dated the day of parties for securing the sum of £ per annum on property at [&c.] WITNESSETH that in consideration of the further sum of £ paid to 4. by B. and C. out of money belonging to them on a joint account [add receipt and covenant as in the foregoing mortgage] and further that all the property comprised in the beforementioned indenture of mortgage shall stand charged with the payment to B. and C. of the sum of £ and the interest thereon herein before and interest secured 18 between [the same and supplemental to an indenture of 18 and made between the same and interest at [four] per centum covenanted to be paid as well as the sum of £ by the same indenture. In witness, &c. £ III.-Conveyance on Sale. THIS INDENTURE made the 1883 between A. of [&c.] of the first part B. of [&c.] and C. of [&c.] of the second part and M. of [&c.] of the third part WHEREAS by an indenture dated [&c.] and made between [&c.] the lands hereinafter mentioned were conveyed by 4. to B. and C. in fee simple by way of mortgage for securing £ and interest and by a supplemental indenture dated [&c.] and made between the same parties those lands were charged by A. with the payment to B. and C. of the further sum of £ and interest thereon AND WHEREAS a principal sum of £ remains due under the two before-mentioned indentures but all interest thereon has been paid as B. and C. hereby acknowledge NOW THIS INDENTURE WITNESSETH that in consideration of the sum of paid by the direction of A. to B. and C. and of the sum of £ paid to A. those two sums making together the total sum of £ paid by M. for the purchase of the fee simple of the lands hereinafter mentioned of which sum of £ B. and C. hereby acknowledge the receipt and of which total sum of £ A. hereby acknowledges the payment and receipt in manner before-mentioned B. and C. as mortgagees and by the direction of A. as beneficial owner hereby convey and A. as beneficial owner hereby conveys and confirms to M. All that [&c.] To hold to and to the use of M. in fee simple discharged from all money secured by and from all claims under the before-mentioned indentures [Add if required, And 4. hereby acknowledges the right of M. to production of the documents of title mentioned in the Schedule hereto and to delivery of copies thereof and hereby undertakes for the safe custody thereof.] 44 & 45 Vict. c. 41. IV.-Marriage Settlement. day of THIS INDENTURE made the 1882 between John M. of [&c.] of the first part Jane S. of [&c.] of the second part and X. of [&c.] and Y. of [&c.] of the third part WITNESSETH that in consideration of the intended marriage between John M. and Jane S. John M. as settlor hereby conveys to X. and Y. All that [&c.] To hold to X. and Y. in fee simple to the use of John M. in fee simple until the marriage and after the marriage to the use of John M. during his life without impeachment of waste with remainder after his death to the use that Jane S. if she survives him may receive during the rest of her life a yearly jointure rentcharge of £ to commence from his death and to be paid by equal half-yearly payments the first thereof to be made at the end of six calendar months from his death if she is then living or if not a proportional part to be paid at her death and subject to the before-mentioned rentcharge to the use of X. and Y. for a term of five hundred years without impeachment of waste on the trusts hereinafter declared and subject thereto to the use of the first and other sons of John M. and Jane S. successively according to seniority in tail male with remainder [insert here, if thought desirable, to the use of the same first and other sons successively according to seniority in tail with remainder] to the use of all the daughters of John M. and Jane S. in equal shares as tenants in common in tail with cross remainders between them in tail with remainder to the use of John M. in fee simple [Insert trusts of term of 500 years for raising portions; also, if required, power to charge jointure and portions on a future marriage; also powers of sale, exchange, and partition, and other powers and provisions, if and as desired.] In witness, &c. 45 & 46 Vict. c. 39, s. 1. Short titles; commencement: extent; interpreta tion. THE CONVEYANCING ACT, 1882. 45 & 46 VICT. c. 39. Preliminary. 1.-(1.) This act may be cited as the Conveyancing Act, 1882; and the Conveyancing and Law of Property Act, 1881 (in this act referred to as the Conveyancing Act of 1881) and this act may be cited together as the Conveyancing Acts, 1881, 1882. (2.) This act, except where it is otherwise expressed, shall commence and take effect from and immediately after the thirty44 & 45 Vict. first day of December one thousand eight hundred and eightytwo, which time is in this act referred to as the commencement of this act. c. 41. (3.) This act does not extend to Scotland. (4.) In this act and in the schedule thereto (i.) Property includes real and personal property, and any debt, and any thing in action, and any other right or interest in the nature of property, whether in possession or not; (ii.) Purchaser includes a lessee or mortgagee, or an intending purchaser, lessee, or mortgagee, or other person, who, for valuable consideration, takes or deals for property, 45 & 46 Vict. and purchase has a meaning corresponding with that of purchaser ; c. 39, s. 1. (iii.) The act of the session of the third and fourth years of 3 & 4 Will. 4, King William the Fourth (chapter seventy-four) "for c. 74. the abolition of fines and recoveries, and for the sub- c. act of the session of the fourth and fifth years of King 4 & 5 Will. 4, Searches. 2.-(1.) Where any person requires, for purposes of this Official section, search to be made in the Central Office of the Supreme negative and Court of Judicature for entries of judgments, deeds, or other ficates of matters or documents, whereof entries are required or allowed to searches for be made in that office by any act described in Part I. of the first judgments, schedule to the Conveyancing Act of 1881 (), or by any other &c. act, he may deliver in the office a requisition in that behalf, referring to this section. (2.) Thereupon the proper officer shall diligently make the search required, and shall make and file in the office a certificate setting forth the result thereof; and office copies of that certificate shall be issued on requisition, and an office copy shall be evidence of the certificate. (3.) In favour of a purchaser, as against persons interested under or in respect of judgments, deeds, or other matters or documents, whereof entries are required or allowed as aforesaid, the certificate, according to the tenour thereof, shall be conclusive, affirmatively or negatively, as the case may be. (4.) Every requisition under this section shall be in writing, signed by the person making the same, specifying the name against which he desires search to be made, or in relation to which he requires an office copy certificate of result of search, and other sufficient particulars; and the person making any such requisition shall not be entitled to a search, or an office copy certificate, until he has satisfied the proper officer that the same is required for the purposes of this section. crown debts, (5.) General rules shall be made for purposes of this section, prescribing forms and contents of requisitions and certificates, and regulating the practice of the office, and prescribing, with the concurrence of the Commissioners of her Majesty's Treasury, the fees to be taken therein; which rules shall be deemed Rules of Court within section seventeen of the Appellate Jurisdiction 39 & 40 Vict. Act, 1876, as altered by section nineteen of the Supreme Court c. 59. of Judicature Act, 1881, and may be made, at any time after 44 & 45 Vict. c. 68. 45 & 46 Vict. the passing of this act, to take effect on or after the commencement of this act (≈). c. 39, s. 2. (6.) If any officer, clerk, or person employed in the office commits, or is party or privy to, any act of fraud or collusion, or is wilfully negligent, in the making of or otherwise in relation to any certificate or office copy under this section, he shall be guilty of a misdemeanour. (7.) Nothing in this section or in any rule made thereunder shall take away, abridge, or prejudicially affect any right which any person may have independently of this section to make any search in the office; and every such search may be made as if this section or any such rule had not been enacted or made. (8.) Where a solicitor obtains an office copy certificate of result of search under this section, he shall not be answerable in respect of any loss that may arise from error in the certificate. (9.) Where the solicitor is acting for trustees, executors, agents, or other persons in a fiduciary position, those persons also shall not be so answerable. (10.) Where such persons obtain such an office copy without a solicitor, they shall also be protected in like manner. (11.) Nothing in this section applies to deeds inrolled under 3 & 4 Will. 4, the Fines and Recoveries Act, or under any other act, or under any statutory rule. c. 74. Restriction on constructive notice. (12.) This section does not extend to Ireland. (y) See ante, p. 605. (z) See rules, post, p. 618. The fees are regulated by an order dated 1 Jan., 1883, for which see Shelford R. P. Stat. 9th ed., 64. Notice. 3.-(1.) A purchaser shall not be prejudicially affected by notice of any instrument, fact, or thing unless (i.) It is within his own knowledge, or would have come to his knowledge if such inquiries and inspections had been made as ought reasonably to have been made by him; or (ii.) In the same transaction with respect to which a question of notice to the purchaser arises, it has come to the knowledge of his counsel, as such, or of his solicitor, or other agent, as such, or would have come to the knowledge of his solicitor, or other agent, as such, if such inquiries and inspections had been made as ought reasonably to have been made by the solicitor or other agent. (2.) This section shall not exempt a purchaser from any liability under, or any obligation to perform or observe, any covenant, condition, provision, or restriction contained in any instrument under which his title is derived, mediately or immediately; and such liability or obligation may be enforced in the same manner and to the same extent as if this section had not been enacted. |