Sec. 70. p. 171. be an error apparent on the face of the order. (Re Hall Dares Sec. 71. Sub-secs. 1 & 2, p. 172. XVII.-Repeals. The Act to facilitate the Conveyance of Real Property (8 & 9 Vic. c. 119), and parts 2 and 3 of the Act to give trustees and mortgagees and others certain powers now Acts repealed. commonly inserted in settlements, mortgages and wills (23 & 24 Vic. c. 145), are repealed. The repeal by the Act of any enactment is not to affect the validity or invalidity of any instrument executed or anything done before the 31st December, 1881, or any action then pending, which action may be carried on as if there had been no such repeal, but this provision is not to be construed as qualifying the provisions relating to sec. 40 of the Settled Estates Act, 1877, or any former Act repealed by that Act. NOTE.-Parts 1 and 4 of Lord Cranworth's Act (23 & 24 Vic. c. 145) are repealed by the Settled Land Act, 1882 (45 & 46 Vic. c. 38), but as everything done under the repealed statute remains valid, Lord Cranworth's Act will be found printed in the Appendix, p. i. Where mortgages or other deeds have been framed under Lord Cranworth's Act, and in reliance upon it, certain provisions, such as the power of sale in a mortgage, etc., have been omitted, a doubt has been raised whether such powers would be implied, now that the Act is repealed, having regard to the wording of the saving clause of the present section, and as the present Act only applies to mortgages made after the 1st January, 1882. (See secs. 19-24.) It is thought, however, that the language of the section is sufficiently wide to meet such cases. The Act to facilitate the Conveyance of Real Property (8 & 9 Vic. c. 119), commonly known as Lord Brougham's Act, has, however, remained almost a dead letter, so that it has not been deemed necessary to print this Act. The provisions referred to relating to sec. 40 of the Settled Estates Act, 1877, are embodied in sec. 70 of the Act. XVIII.-Ireland. The provisions of the Act in its application to Ireland are to be modified as follows: The Court is Her Majesty's High Court of Justice in Ireland. All matters within the jurisdiction of that Court are (subject to the Acts regulating that Court) to be assigned to the p. 172. Chancery Division, but general rules under this Act may sec. 72. direct that any of those matters be assigned to the Land Judges of that Division. The proper office of the Supreme Court of Judicature in Ireland is substituted for the central office of the Supreme Court of Judicature. General rules for purposes of this Act for Ireland shall be deemed rules of Court within the Supreme Court of Judicature Act (Ireland), 1877, and may be made at any time after the 22nd August, 1881, to take effect after the 31st December, 1881. NOTE.-Secs. 25 and 45 are the only sections which do not extend to Ireland. of Sec.73. Sub-secs. 1 and 2, p. 173. This section extends to Ireland only, and by it sec. 5 the Vendor and Purchaser Act, 1874, is repealed as from the 31st December, 1881, as regards cases of death Repeals affecting thereafter happening, and sec. 7 of the same Act is Ireland. repealed as from the date at which it came into operation. NOTE.-Secs. 5 and 7 of the Vendor and Purchaser Act, 1874, are, as regards England, repealed by secs. 48 and 129 of the Land Transfer Act, 1875 (38 & 39 Vic. c. 87). SCHEDULES. THE FIRST SCHEDULE (See p. 174). PART I. This part sets out a list of nine Acts, all more or less referring to judgments affected by certain sections of the Bill which were struck out in the House of Commons. It was inadvertently allowed to remain here after the sections referring to them had been removed. The Acts enumerated in this part are now, however, referred to in the Conveyancing Act, 1882, sec. 2 (post, p. 186) relating to searches. PART II. NOTE. This part sets out the long title of the Act, which is in future to be known as the Statutory Declarations Act, 1835 (see sec. 68, p. 170). THE SECOND SCHEDULE (See p. 175). REPEALS. PART I. NOTE. The sections of the two Acts repealed by this part relate to relief against breach of the covenant to insure. This repeal is referred to in sec. 14. PART II. NOTE. The section referred to in this part is repealed by sec. 25, p. 143. PART III. NOTE.-See sec. 71, p. 172, as to the repeal of the Acts set out in this part. Part II. of the second of the two Acts repealed dealt with the powers of mortgagees, but the powers conferred on mortgagees by the present Act are much greater than those conferred by the repealed Act. Part III. of the repealed Act, which related to trustees and executors, did not confer such extensive powers as the present Act, but no section is to be found in the present Act, which regulates the investment of trust funds, as was done by sec. 25 of the Act in question, and which is now repealed. NOTE. THE THIRD SCHEDULE (See p. 176). STATUTORY MORTGAGE. This schedule is referred to in secs. 26, 27, and 29 of the Act. No objection can be taken to the forms on the ground of undue length, and in cases where the advance is small and the security ample, the forms may be used with advantage. THE FOURTH SCHEDULE (See p. 179). SHORT FORMS OF DEEDS. NOTE. The forms set out in this schedule are of practical value, and can be adapted as circumstances require. (See Precedents, p. 265 to 316.) CONVEYANCING ACT, 1882. (45 & 46 VIC. c. 39.) SUMMARY AND PRACTICAL NOTES. The object of the Act is to further improve the Practice of Conveyancing. PRELIMINARY. Sub-secs. 1, 2 3, Short titles. 31st ment. The Act may be cited as the Conveyancing Act 1882; Sec. 1. and the Conveyancing and Law of Property Act 1881 p. 185. and this Act, may be cited together as the Conveyancing CommenceActs 1881 and 1882. It operates from the December 1882, and does not extend to Scotland. The following terms are defined:-(1.) Property; (2.) Purchaser and purchase. The Fines and Recoveries Acts are referred to in this Act by their short title. NOTE. Notwithstanding the provisions of this section it will still be necessary in deeds and other instruments to refer to the Act of 1881 where referred to by itself as the Conveyancing and Law of Property Act 1881. It would certainly have been desirable to have abridged the title for all purposes. The present Act applies, like the former, with some modification, to Ireland. The terms property" and "purchaser" are also defined in the Act of 1881; but in that Act, "property" includes " any estate or interest in any property, real or personal." These words are now omitted; but for what reason it is difficult to say. Searches. 66 Extent. Interpretation. A person requiring search to be made in the central sec. 2. office of the Supreme Court of Judicature of any judg Sub-sec. 1, p. 186. Sec. 2. p. 186. Requisition for searches for judgments, &c., ment or other matter whereof entries are or can be made in that office by any Act described in Part I. of the first schedule to the Conveyancing Act, 1881, may deliver a may be made. requisition on that behalf, whereupon the proper officer shall diligently make the search required, and shall made by officer, make and file a certificate of the result, office copies of Sub-sec. 2. who shall file a certificate of which can be obtained, and shall be evidence of the result. Sub-sec. 3. In favour of a purchaser certificate to be conclusive. Sub-sec. 4. certificate. In favour of a purchaser as against persons interested under or in respect of judgments or other matters whereof entries are or can be made as aforesaid, the certificate, according to the tenour thereof, shall be conclusive affirmatively or negatively, as the case may be. Requisitions for certificates are to be in writing, and to how to be made. give sufficient particulars, but a person making a requisition shall not be entitled to a search or office copy certificate require a search until he has satisfied the officer that the same is required No person entitled to unless for the Sub-sec. 5. General rules to be made. Sub-sec. 6. &c., guilty of General rules shall be made for the purposes of this section, prescribing forms and fees and regulating the practice of the office, which shall be deemed Rules of Court within sec. 17 of the Appellate Jurisdiction Act 1876 as altered by sec. 19 of the Supreme Court of Judicature Act 1881. If any person employed in the office commits, or is mitting fraud, privy to any act of fraud or collusion, or is wilfully negli. misdemeanour. gent in the making or otherwise, in relation to any certificate or office copy under the section, he shall be guilty of a misdemeanour. Sub-sec. 7. Right to search independently Nothing in the section, or in any rule made thereof section not to under, shall take away or prejudicially affect any right be prejudiced. which any person may have independently of the section to make any search in the office; and every such search may be made as before the Act. |