List of usual subjects for requisitions common to various kind of property : Length of title. Assent of executors to specific devise or bequest. Identity of parcels. Whether walls and fences party walls and fences. Proof of state of family. Acknowledgment by women married before 1st January, 1883. Stamps. Charges by will. Death duties. Receipt for water rate where owner and not occupier liable. Easements. Restrictive covenants. Proof of wills and intestacies. Tenancies. Land tax. Tithe rentcharge. Repair of roads. Insurance. Enrolment of disentailing deeds. Statutory charges. Licence of public-houses. Apportionment of outgoings. Documents to be handed over. Additional subjects peculiar to freeholds: Curtesy and dower. Where intestacy after 1897, conveyance to heir-at-law necessary. Charge under Intestates' Estates Act. Additional subjects peculiar to copyholds: Custom of manor with regard to alienation and descent of property. Customary curtesy and freebench. Lord's consent to leases where they exist. Additional subjects peculiar to leaseholds:- Whether covenants complied with (receipt for rent). Any notice of want of repair? When last painted? Name and address of owner of reversion. Additional subjects peculiar to sale under Settled Land Acts:Are trustees trustees for purposes of Settled Land Acts? Has tenant incumbered his life estate? If principal mansion-house to be sold, have trustees consented? Have any terms been created under power in settle- Additional subjects peculiar to reversionary interests :- (a) Statement in writing by trustees that they (b) Authority from trustees to inquire if there is any distringas. ALPHABETICAL DIGEST. ABSTRACT. EVERY document and event upon which the title depends ought to be abstracted and stated in chief by the vendor at his own expense (a). But the expense of searching for documents not in the vendor's possession for the purpose of verifying the abstract must be borne by the purchaser (b). Where on a sale of property in lots a purchaser has purchased two or more lots held wholly or partly under the same title, he has not the right to more than one abstract of the common title except at his own expense (c). If the vendor does not deliver the abstract of title within the time specified in the conditions of sale, he cannot hold the purchaser bound to send in his objections and requisitions within the time limited for that purpose, even though it was stipulated in the conditions for sending in the objections that time in that respect should be of the essence of the contract (d). When the abstract is not delivered the purchaser can fix a reasonable time within which the vendor shall deliver it, and failing delivery may rescind (e). See VERIFICATION OF ABSTRACT. Requisition. Such of the deeds, wills, and deaths recited in the indenture of 18 as affect the property purchased must be (a) Re Ebsworth and Tidy's Contract, 42 Ch. D. 23, p. 34; 58 L. J. Ch. 665; 60 L. T. 841; 37 W. R. 657; 54 J. P. 199. (b) Conveyancing Act, 1881 (44 & 45 Vict. c. 41), s. 3 (6); Re Stuart and Olivant and Seadon's Contract, (1896) 2 Ch. 328; 65 L. J. Ch. 576; 74 L. T. 450; 44 W. R. 610. (c) Conveyancing Act, 1881 (44 & 45 Vict. c. 41), s. 3 (7). (d) Upperton v. Nickolson, L. R. 6 Ch. 436; 40 L. J. Ch. 401; 25 L. T. 4; 19 W. R. 733. (e) Compton v. Bagley, (1892) 1 Ch. 313; 61 L. J. Ch. 113; 65 L. T. 706. abstracted and stated in chief. Until this is done a proper abstract has not been delivered, and the purchaser therefore reserves the right to make further requisitions until 14 days after a proper abstract has been furnished. ACKNOWLEDGMENT. By the Fines and Recoveries Act, 1833 (ƒ), a married woman was permitted by deed acknowledged to dispose of any estate which she alone, or she and her husband in her right, might have in lands of any tenure, and in money subject to be invested in land; but this power did not enable her to dispose of the legal estate in copyholds (g). She was also enabled by deed acknowledged to bar an estate tail (h). By the Real Property Act, 1845 (i), the provisions of the Fines and Recoveries Act, 1833, were extended to executory interests, contingent remainders, and disclaimers. The Married Women's Reversionary Interests Act, 1857, known as Malins' Act (k), enabled married women to dispose of reversionary interests in personalty by deed acknowledged. The method of acknowledgment before the 1st January, 1883, was, in general, before two commissioners (1), a memorandum of acknowledgment was indorsed on the deed, and the certificate of acknowledgment, which the commissioners were required to sign, was then filed in the manner directed by the Fines and Recoveries Act. Until such filing, the acknowledgment was of no validity (m); but on the certificate being filed the deed took effect from the time of the acknowledgment. The proper evidence of the acknowledgment of a deed acknowledged before the 1st January, 1883, is an office copy of the certificate. By the Conveyancing Act, 1882 (n), one commissioner is substituted for two, and the memorandum indorsed on (f) 3 & 4 Will. 4, c. 74. Ibid. s. 77. (h) Ibid. s. 40. (i) 8 & 9 Vict. c. 106, ss. 6, 7. (k) 20 & 21 Vict. c. 57. (1) 3 & 4 Will. 4, c. 74, s. 79. (m) Jolly v. Handcock, 7 Ex. 820; 22 L. J. Ex. 38; 16 Jur. (O. S.) 550. (n) 45 & 46 Vict. c. 39, s. 7. the deed is made conclusive evidence of the acknowledgment. An acknowledgment may also be made before a judge of the High Court of Justice or a County Court judge (o). As to cases in which acknowledgment is still necessary, see MARRIED WOMEN. Requisition. The memorandum of the acknowledgment by Mrs. A. B. of the deed of 18 must appear on the abstract, and the office copy of the certificate must be produced. ACT OF PARLIAMENT. At common law a statute had relation back to the first day of the Session of Parliament in which it was passed, unless some other day was appointed for its coming into operation; but by a statute passed in the reign of George III., on every Act passed after the 8th April, 1793, there is required to be indorsed the day, month, and year when the same received the royal assent, and this is the date of its coming into operation where no other commencement is provided. The law takes no notice of the fraction of a day, except where there are conflicting rights between subject and subject, for the determination of which it is necessary to ascertain actual priority; an Act which comes into operation on a given day becomes law as soon as that day commences (p). Public Acts require no proof; private Acts are proved by the production of a Queen's Printers' copy (q). ACTION. A suit or action "is a transaction in a Sovereign Court of Justice. It is supposed all people are attentive to what passes there. It is the pendency of the suit that creates (0) 3 & 4 Will. 4, c. 74, s. 79; County Courts Act, 1888 (51 & 52 Vict. c. 43), s. 184. (p) The Acts of Parliament (Commencement) Act, 1793 (33 Geo. 3, c. 13); Tomlinson v. Bullock, 4 Q. B. D. 230; 48 L. J. M. C. 95; 40 L. T. 459; 27 W. R. 552. (9) 8 & 9 Vict. c. 113. |