Vict. c. 41 ss. 45-47. is redeemed under this Act; and that certificate shall be 44 & 45 final and conclusive, and the land shall be thereby absolutely freed and discharged from the rent. (4.) Every requisition under this section shall be in writing; and every certificate under this section shall be in writing, sealed with the seal of the Commissioners. (5.) This section does not apply to tithe rent-charge, or to a rent reserved on a sale or lease, or to a rent made payable under a grant or licence for building purposes, or to any sum or payment issuing out of land not being perpetual. (6.) This section applies to rents payable at, or created after, the commencement of this Act. (7.) This section does not extend to Ireland. XI.-POWERS OF ATTORNEY. POWERS OF ATTORNEY. under 46. (1.) The donee of a power of attorney may, if he Execution thinks fit, execute or do any assurance, instrument, or power of thing in and with his own name and signature and his attorney. own seal, where sealing is required, by the authority of the donor of the power; and every assurance, instrument, and thing so executed and done shall be as effectual in law, to all intents, as if it had been executed or done by the donee of the power in the name and with the signature and seal of the donor thereof (s). (2.) This section applies to powers of attorney created by instruments executed either before or after the commencement of this Act. 47.—(1.) Any person making or doing any payment or Payment by attoract, in good faith, in pursuance of a power of attorney, ney under shall not be liable in respect of the payment or act by power reason that before the payment or act the donor of the notice of (s) The proper way for an attorney to execute a deed was in the name of his principal. By mistake, however, he not unfrequently executed it in his own name: hence questions arose as to the validity of the exe- without 44 & 45 power had died or become lunatic, of unsound mind, or Vict. c. 41, ss. 47, 48.' bankrupt, or had revoked the power, if the fact of death, lunacy, unsoundness of mind, bankruptcy, or revocation was not at the time of the payment or act known to the person making or doing the same (t). death, &c., good. Deposit of original instruments creating (2.) But this section shall not affect any right against the payee of any person interested in any money so paid; and that person shall have the like remedy against the payee as he would have had against the payer if the payment had not been made by him. (3.) This section applies only to payments and acts made and done after the commencement of this Act. 48.-(1.) An instrument creating a power of attorney, its execution being verified by affidavit, statutory declaration, or other sufficient evidence, may, with the affidavit or powers of declaration, if any, be deposited in the Central Office of attorney. the Supreme Court of Judicature. (2.) A separate file of instruments so deposited shall be kept, and any person may search that file, and inspect every instrument so deposited, and an office copy thereof shall be delivered out to him on request. (3.) A copy of an instrument so deposited may be presented at the office, and may be stamped or marked as an office сору, and when so stamped or marked shall become and be an office copy. (4.) An office copy of an instrument so deposited shall without further proof be sufficient evidence of the contents of the instrument and of the deposit thereof in the Central Office. (5.) General Rules may be made for purposes of this section, regulating the practice of the Central Office, and prescribing, with the concurrence of the Commissioners of Her Majesty's Treasury, the fees to be taken therein. (6.) This section applies to instruments creating powers of attorney executed either before or after the commencement of this Act. (t) This section is supplemented by the Conveyancing Act, 1882, ss. 8, 9. XII.-CONSTRUCTION AND EFFECT OF DEEDS AND OTHER INSTRUMENTS. 44 & 45 · Vict. c. 41 ss. 49, 50. CONSTRUC- OTHER 49.-(1.) It hereby declared that the use of the word grant (u) is not necessary in order to convey tenements or INSTRUhereditaments, corporeal or incorporeal. MENTS. Use of (2.) This section applies to conveyances made before or word after the commencement of this Act. grant unneces sary. ance by a himself, &c. 50.—(1.) Freehold land, or a thing in action, may be Conveyconveyed by a person to himself jointly with another person to person, by the like means by which it might be conveyed by him to another person (x); and may, in like manner, be conveyed by a husband to his wife, and by a wife to her husband, alone or jointly with another person. (u) The word "grant" has never been necessary, but it has now for a long time been used as an appropriate and convenient expression for conveyances of both corporeal and incorporeal hereditaments; and the use of it was recognized by the Act 8 & 9 Vict. c. 106, s. 2, which enacts that all corporeal tenements and hereditaments shall, as regards the conveyance of the immediate freehold thereof, be deemed to lie in grant as well as in livery. There is no reason why this word, approved by long usage and sanctioned by Parliament, should be discarded in favour of the expression "convey," which is found in the Schedules to this Act. Throughout the precedents contained in the first part of this book, the word "grant " has therefore been retained in conveyances of real estate and the word of a statutory power, in which case it is proper to follow the language of the statute as closely as possible and to "convey." (x) Before Lord St. Leonards' Act, 22 & 23 Vict. c. 35, see p. 231, personal property could not be assigned by one person to himself and another without the operation of two distinct deeds. There never was any difficulty or inconvenience in the conveyance of freeholds by one person to himself and another by one deed under the operation of the Statute of Uses, and there is no reason why the old form should not be retained, see Prec. CIII., p. 233. Perhaps, however, in view of the looser and less formal style of conveyancing which this Act seems likely to introduce, both by its provisions and its examples, it may be wise to provide beforehand that such a conveyance as is indicated in the first part of this section shall do. 44 & 45 Vict c. 41, (2.) This section applies only to conveyances made after ss. 50-52, the commencement of this Act. Words of limitation in fee or in tail. Powers simply 51.-(1.) In a deed it shall be sufficient, in the limitation of an estate in fee simple, to use the words in fee simple, without the word heirs (y); and in the limitation of an estate in tail, to use the words in tail without the words heirs of the body; and in the limitation of an estate in tail male or in tail female, to use the words in tail male, or in tail female, as the case requires, without the words heirs male of the body, or heirs female of the body. (2.) This section applies only to deeds executed after the commencement of this Act. 52.—(1.) A person to whom any power, whether coupled collateral. with an interest or not, is given may by deed release, or contract not to exercise, the power (z). (2.) This section applies to powers created by instruments coming into operation either before or after the commencement of this Act. (y) In deeds before this Act the word ness or by inadvertence the words "in fee" only are used, nothing beyond a life estate will pass to the grantee. For these reasons the word "heirs " has been retained throughout the conveyances given in Part I. as being the safer expression. With regard to wills it has already been provided by the Wills Act, 1 Vict. c. 26, s. 28, that "where any real estate shall be devised to any person without any words of limitation, such devise shall be construed to pass the fee, or other the whole estate or interest which the testator had power to dispose of by will in such real estate unless a contrary intention shall appear by the will." (2) See Edwards v. Slater, Tudor's L. C. in Conv. 3rd Ed., p. 368, and Re D'Angibau, 15 Ch. D. 232. Also Shirley v. Fisher, W. N. 1882, p. 128. 44 & 45 Vict. c. 41, 53.—(1). A deed expressed to be supplemental to a previous deed, or directed to be read as an annex thereto, ss. 53-56. shall, as far as may be, be read and have effect as if the Construcdeed so expressed or directed were made by way of indorse- tion of ment on the previous deed, or contained a full recital thereof. mental or (2.) This section applies to deeds executed either before annexed or after the commencement of this Act. supple. deed. in deed 54.—(1.) A receipt for consideration money or securities Receipt in the body of a deed shall be a sufficient discharge for the sufficient. same to the person paying or delivering the same, without any further receipt for the same being indorsed on the deed. (2.) This section applies only to deeds executed after the commencement of this Act. deed or for subse 55.-(1.) A receipt for consideration money or other Receipt in consideration in the body of a deed or indorsed thereon indorsed, shall, in favour of a subsequent purchaser, not having evidence notice that the money or other consideration thereby quent acknowledged to be received was not in fact paid or given, purchaser. wholly or in part, be sufficient evidence of the payment or giving of the whole amount thereof. (2.) This section applies only to deeds executed after the commencement of this Act. indorsed, for pay. ment to 56.—(1.) Where a solicitor produces a deed, having in Receipt in the body thereof or indorsed thereon a receipt for conside- deed or ration money or other consideration, the deed being authority executed, or the indorsed receipt being signed, by the person entitled to give a receipt for that consideration, the solicitor. deed shall be sufficient authority to the person liable to pay or give the same for his paying or giving the same to the solicitor, without the solicitor producing any separate or other direction or authority in that behalf from the person who executed or signed the deed or receipt. (2.) This section applies only in cases where consideration is to be paid or given after the commencement of this Act. |