241 CONVEYANCING AND LAW OF PROPERTY ACT, 1881. 44 & 45 VICT. C. 41. Vict. c. 41, An Act for simplifying and improving the practice of Con-44 & 45 veyancing; and for vesting in Trustees, Mortgagees, ss. 1, 2. and others various powers commonly conferred by provisions inserted in Settlements, Mortgages, Wills, and other Instruments; and for amending in various particulars the Law of Property; and for other purposes. [22nd August, 1881.] 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, as follows: I. PRELIMINARY. PRE LIMINARY. 1.—(1). This Act may be cited as the Conveyancing Short and Law of Property Act, 1881. title; com mence extent. (2.) This Act shall commence and take effect from and ment; immediately after the thirty-first day of December one thousand eight hundred and eighty-one. (3.) This Act does not extend to Scotland. 2. In this Act tation of (i.) Property, unless a contrary intention appears, in- Interprecludes real and personal property, and any estate or property, interest in any property, real or personal, and any debt land, &c. and any thing in action, and any other right or interest: (ii.) Land, unless a contrary intention appears, includes R Vict. c. 41, s. 2. 44 & 45 land of any tenure, and tenements and hereditaments, corporeal or incorporeal, and houses and other buildings, also an undivided share in land: (iii.) In relation to land, income includes rents and profits, and possession includes receipt of income : (iv.) Manor includes lordship, and reputed manor or lordship : (v.) Conveyance, unless a contrary intention appears, includes assignment, appointment, lease, settlement, and other assurance, and covenant to surrender, made by deed, on a sale, mortgage, demise, or settlement of any property, or on any other dealing with or for any property; and convey, unless a contrary intention appears, has a meaning corresponding with that of conveyance : (vi.) Mortgage includes any charge on any property for securing money or money's worth; and mortgage money means money, or money's worth, secured by a mortgage; and mortgagor includes any person from time to time deriving title under the original mortgagor, or entitled to redeem a mortgage, according to his estate, interest, or right, in the mortgaged property; and mortgagee includes any person from time to time deriving title under the original mortgagee; and mortgagee in possession is, for the purposes of this Act, a mortgagee who, in right of the mortgage, has entered into and is in possession of the mortgaged property: (vii.) Incumbrance includes a mortgage in fee, or for a less estate, and a trust for securing money, and a lien, and a charge of a portion, annuity, or other capital or annual sum; and incumbrancer has a meaning corresponding with that of incumbrance, and includes every person entitled to the benefit of an incumbrance, or to require payment or discharge thereof: (viii.) Purchaser, unless a contrary intention appears, includes a lessee or mortgagee, and an intending purchaser, lessee, or mortgagee, or other person, who, for valuable consideration, takes or deals for any property; and purchase, unless a contrary intention appears, has a meaning 44 & 45 corresponding with that of purchaser; but sale means only Vict. c. 41, a sale properly so called : (ix.) Rent includes yearly or other rent, toll, duty, royalty, or other reservation, by the acre, the ton, or otherwise; and fine includes premium or fore-gift, and any payment, consideration, or benefit in the nature of a fine, premium or fore-gift: (x.) Building purposes include the erecting and the improving of, and the adding to, and the repairing of buildings; and a building lease is a lease for building purposes or purposes connected therewith: (xi.) A mining lease is a lease for mining purposes, that is, the searching for, winning, working, getting, making merchantable, carrying away, or disposing of mines and minerals, or purposes connected therewith, and includes a grant or licence for mining purposes: (xii.) Will includes codicil : (xiii.) Instrument includes deed, will, inclosure award, and Act of Parliament: (xiv.) Securities include stocks, funds, and shares : (xv.) Bankruptcy includes liquidation by arrangement, and any other act or proceeding in law having, under any Act for the time being in force, effects or results similar to those of bankruptcy; and bankrupt has a meaning corresponding with that of bankruptcy: (xvi.) Writing includes print; and words referring to any instrument, copy, extract, abstract, or other document include any such instrument, copy, extract, abstract, or other document being in writing or in print, or partly in writing and partly in print: (xvii.) Person includes a corporation : (xviii.) Her Majesty's High Court of Justice is referred to as the Court. II.-SALES AND OTHER TRANSACTIONS. Contracts for Sale (a). 3.-(1.) Under a contract to sell and assign a term of (a) See note (i) to p. 6, ss. 2, 3, SALES AND OTHER TIONS. Contracts 44 & 45 Vict. c. 41, s. 3. Application of stated conditions years derived out of a leasehold interest in land, the intended assign shall not have the right to call for the title to the leasehold reversion (b). (2.) Where land of copyhold or customary tenure has been converted into freehold by enfranchisement, then, of sale to under a contract to sell and convey the freehold, the purchaser shall not have the right to call for the title to make the enfranchisement. all pur chases. (3.) A purchaser of any property shall not require the production, or any abstract or copy, of any deed, will, or other document, dated or made before the time prescribed by law, or stipulated, for commencement of the title, even though the same creates a power subsequently exercised by an instrument abstracted in the abstract furnished to the purchaser; nor shall he require any information, or make any requisition, objection, or inquiry, with respect to any such deed, will, or document, or the title prior to that time, notwithstanding that any such deed, will, or other document, or that prior title, is recited, covenanted to be produced, or noticed (c); and he shall assume, unless the contrary appears (d), that the recitals, contained in the abstracted instruments, of any deed, will, or other document, forming part of that prior title, are correct, and give all the material contents of the deed, will, or other document so recited, and that every document so recited was duly executed by all necessary parties, and perfected, if and as required, by fine, recovery, acknowledgment, inrolment, or otherwise. (4.) Where land sold is held by lease (not including underlease), the purchaser shall assume, unless the contrary appears (d), that the lease was duly granted; and, on pro (b) This supplements the Vendor and Purchaser Act, 1874, s. 2, first rule, which provides against the title to the freehold being called for, see p. 6. (c) The first part of this subsection sufficiently provides against any requisition in respect of the earlier title, and renders unnecessary the condition which used to be inserted to that effect. (d) The latter part of this subsection and also subsections 4 and 5 are weakened by the insertion of the words "unless the contrary appears," and consequently the |