him or them or any of them shall be reasonably 44 & 45 required: Vict. c. 41, 8. 7. On mort (D.) In a conveyance by way of mortgage of leasehold property, the following further covenant by a person who gage of conveys and is expressed to convey as beneficial owner by benefi (namely): leaseholds, cial owner. lease. covenants. That the lease or grant creating the term or estate for Validity of which the land is held is, at the time of conveyance, a good, valid, and effectual lease or grant of the land conveyed and is in full force, unforfeited, and unsurrendered and in nowise become void or voidable, and that all the rents reserved by, and all the covenants, conditions, and agreements contained in, the lease or grant, and on the part of the lessee or grantee and the persons deriving title under him to be paid, observed, and performed, have been paid, observed, and performed up to the time of conveyance; and also that the person so Payment conveying, or the persons deriving title under him, of rent and will at all times, as long as any money remains on ance of the security of the conveyance, pay, observe, and perform, or cause to be paid, observed, and performed all the rents reserved by, and all the covenants, conditions and agreements contained in, the lease or grant, and on the part of the lessee or grantee and the persons deriving title under him to be paid, observed, and performed, and will keep the person to whom the conveyance is made, and those deriving title under him, indemnified against all actions, proceedings, costs, charges, damages, claims and demands, if any, to be incurred or sustained by him or them by reason of the non-payment of such rent or the non-observance or nonperformance of such covenants, conditions, and agreements, or any of them: ment. (E.) In a conveyance by way of settlement, the follow- On settleing covenant by a person who conveys and is expressed to convey as settlor (namely): 44 & 45 Vict. c. 41, 8. 7. For further assurance, limited. On convey. ance by That the person so conveying, and every person deriving title under him by deed or act or operation of law in his lifetime subsequent to that conveyance, or by testamentary disposition or devolution in law, on his death, will, from time to time, and at all times, after the date of that conveyance, at the request and cost of any person deriving title thereunder, execute and do all such lawful assurances and things for further or more perfectly assuring the subject-matter of the conveyance to the persons to whom the conveyance is made and those deriving title under them, subject as, if so expressed, and in the manner in which the conveyance is expressed to be made, as by them or any of them shall be reasonably required: (F.) In any conveyance, the following covenant by every trustee or person who conveys and is expressed to convey as trustee mortgagee. or mortgagee, or as personal representative of a deceased Against incumbrances. person, or as committee of a lunatic (k) so found by inquisi- (k) The usual way of conveying property of a lunatic is for the lunatic himself to convey by deed sealed and delivered in his name and on his behalf by the committee, and in like manner to covenant for title, not for the committee to convey and covenant for title on behalf of the lunatic, see Prec. XXVIII., and see also Laurie v. Lees, L. R. 7 Ap. Ca. 24. Vict. c. 41, 8. 7. (2.) Where in a conveyance it is expressed that by direc- 44 & 45 tion of a person expressed to direct as beneficial owner another person conveys, then, within this section, the person giving the direction, whether he conveys and is expressed to convey as beneficial owner or not, shall be deemed to convey and to be expressed to convey as beneficial owner the subject-matter so conveyed by his direction; and a covenant on his part shall be implied accordingly. (3.) Where a wife (1) conveys and is expressed to convey as beneficial owner, and the husband also conveys and is expressed to convey as beneficial owner, then, within this section, the wife shall be deemed to convey and to be expressed to convey by direction of the husband, as beneficial owner; and, in addition to the covenant implied on the part of the wife, there shall also be implied, first, a covenant on the part of the husband as the person giving that direction, and secondly, a covenant on the part of the husband in the same terms as the covenant implied on the part of the wife. (4.) Where in a conveyance a person conveying is not expressed to convey as beneficial owner, or as settlor, or as trustee, or as mortgagee, or as personal representative of a (7) On a conveyance by a married woman not entitled for her separate use it was usual for the husband to give covenants for title to the effect that notwithstanding anything by him or his wife or her ancestors or testators done or suffered he and she had good right to convey &c. Covenants on the part of the wife were not usually given. This section provides for the implication of four covenants, 1. by the wife as conveying as beneficial owner, 2. by the husband as directing her conveyance, 3. by the husband in the same terms as that of the wife, 4. by the husband as conveying, see Clerke & Brett's Conv. Act, 2nd ed. p. 56. convey as beneficial owner, see S Vict. c. 41, s. 7. 44 & 45 deceased person, or as committee of a lunatic so found by inquisition, or under an order of the Court, or by direction. of a person as beneficial owner, no covenant on the part of the person conveying shall be, by virtue of this section, implied in the conveyance. (5.) In this section a conveyance includes a deed conferring the right to admittance to copyhold or customary land, but does not include a demise by way of lease at a rent, or any customary assurance, other than a deed, conferring the right to admittance to copyhold or customary land (n). (6.) The benefit of a covenant implied as aforesaid shall (n) A deed conferring the right cial owner," see Clerke & Brett's course. For be annexed and incident to, and shall go with, the estate or interest of the implied covenantee, and shall be capable of being enforced by every person in whom that estate or interest is, for the whole or any part thereof, from time to time vested. (7.) A covenant implied as aforesaid may be varied or extended by deed, and, as so varied or extended, shall, as far as may be, operate in the like manner, and with all the like incidents, effects, and consequences, as if such variations or extensions were directed in this section to be implied. (8.) This section applies only to conveyances made after the commencement of this Act. Execution of Purchase Deed. 8.—(1.) On a sale, the purchaser shall not be entitled to require that the conveyance to him be executed in his presence, or in that of his solicitor, as such; but shall be entitled to have, at his own cost, the execution of the conveyance attested by some person appointed by him, who may, if he thinks fit, be his solicitor. (2.) This section applies only to sales made after the commencement of this Act. Production and Safe Custody of Title Deeds (0). 44 & 45 Vict. c. 41, ss. 7-9. Execution of purchase deed. Rights of purchaser as to exe cution. Production and safe custody of 9.-(1.) Where a person retains possession of documents, title deeds. and gives to another an acknowledgment in writing of Acknow (0) This section provides for the giving of an acknowledgment which is equivalent to the covenant for production and for furnishing copies of deeds, and an undertaking which is equivalent to the covenant for safe custody thereof. Both covenants used to be given by all grantors except trustees and mortgagees, who only gave the former covenant. In future therefore both the acknowledgment and the under- |