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ADAPTED TO THE
CONVEYANCING ACTS, 1881, 1882,
SETTLED LAND ACT, 1882, &c.
TOGETHER WITH THE ACTS, AN INTRODUCTION AND NOTES.
THE first part of this book is a collection of those precedents in conveyancing which are, or which after the Acts of this year have come into operation may be expected to be, in frequent use in conveyancers' chambers and in solicitors' offices. The precedents are arranged so far as possible in the order in which the transactions represented might be expected to occur. Thus a purchase of land is followed by a mortgage, and then by a sale by the mortgagee; a marriage settlement is followed by a deed of separation, and a will by a disclaimer of trusteeship, concluding with a general release to trustees.
The combinations of events in life are so numerous that it is impossible to provide a precedent for every contingency, especially in the cases of settlements and wills. Such precedents as are inserted have accordingly been selected for their simplicity, because it is believed that the simpler forms more readily adapt themselves to the occasion.
In Part II. the Conveyancing and Law of Property Act 1881, the Conveyancing Act 1882 and the Settled Land Act 1882 have been printed in full, with foot notes to those sections which require special attention. Such notes are for the most part of an explanatory not of a critical nature. The Conveyancing Act of 1881 has been in operation for nearly a year: much able criticism has been passed upon it, and it seems now to be the duty of the conveyancer to accept its provisions with thankfulness rather than to cavil at any imperfections. In this spirit the
object in framing the precedents contained in Part I. has been to make them as concise as is compatible with accuracy and precision of language.
The Settled Land Act 1882 gives to the tenant for life the powers of selling and otherwise dealing with the settled land which have hitherto usually been confided to the trustees of the settlement. In exercising these powers the tenant for life must of course confine himself strictly within the limits of the Act, and it will be important for those who deal with him to see that the deeds which he executes are in the proper form, and that the money is paid to the proper persons. The provisions of the Act are somewhat special upon these points, and it has therefore been found necessary to introduce a considerable number of precedents adapted to sales mortgages leases and other dealings with the settled land by the tenant for life.
Besides the above-mentioned Acts which as affecting a large number of precedents have been separately printed, there are other Acts of more limited application so far as conveyancing is concerned. Extracts from these are for convenience of reference appended throughout the book to such precedents as they concern. Thus the Vendor and Purchaser Act 1874, the Bills of Sale Act (1878) Amendment Act 1882 and the Married Women's Property Act 1882, or such portions of them as it seems desirable to set out, are inserted under precedents of conditions of sale a bill of sale and a marriage settlement respectively.
At the end of the book are printed the Solicitors Remuneration Act 1881 and the general order issued under that Act.
H. M. H.
4, New SQUARE, LINCOLN'S INN,
In a book of this nature, containing both precedents in Conveyancing and the Acts which have recently been passed effecting such important changes in that branch of the law, it seems appropriate to say a few words by way of introduction indicating briefly what those changes have been.
The object of the Conveyancing and Law of Property Act 1881 as expressed in its title is to simplify and improve the practice of Conveyancing. The Act has now been in operation for nearly a year: few cases under it have yet been decided, but by aid of the criticisms which have been passed upon it from many quarters, and of which full advantage has been taken in preparing these precedents, it is possible to estimate with some accuracy the value of its provisions. Undoubtedly it has introduced many great improvements into Conveyancing. Scarcely any measure dealing with such a subject could have failed to do so. At the same time considerable doubt has been thrown upon its meaning or application in several particulars, and in the absence of judicial interpretation it is advisable to use the Act with discretion.
The principal provisions of this Act, some of which are modifications of previous enactments, appear to be these1. Certain conditions of sale will attach to all contracts of sale unless expressly or by implication excluded (s. 3). 2. General words and the estate clause may be omitted from deeds (ss. 6 and 63), and covenants for title and against incumbrances will be implied by the use of certain prescribed formula (s. 7). A short acknowledgment in