S. 66.

ADOPTION OF

Аст.

solicitor and

trustees

adopting Act.

XIV.-ADOPTION OF ACT.

66.-(1.) It is hereby declared that the powers given Protection of by this Act to any person, and the covenants, provisions, stipulations, and words which under this Act are to be deemed included or implied in any instrument, or are by this Act made applicable to any contract for sale or other transaction, are and shall be deemed in law proper powers, covenants, provisions, stipulations, and words, to be given by or to be contained in any such instrument, or to be adopted in connexion with, or applied to, any such contract or transaction; and a solicitor shall not be deemed guilty of neglect or breach of duty, or become in any way liable, by reason of his omitting, in good faith, in any such instrument, or in connexion with any such contract or transaction, to negative the giving, inclusion, implication, or application of any of those powers, covenants, provisions, stipulations, or words, or to insert or apply any others in place thereof, in any case where the provisions of this Act would allow of his doing so.

Solicitor's responsibility in reference to adoption of the Act.

Adoption by trustees.

(2.) But nothing in this Act shall be taken to imply that the insertion in any such instrument, or the adoption in connexion with, or the application to, any contract or transaction, of any further or other powers, covenants, provisions, stipulations, or words is improper.

(3.) Where the solicitor is acting for trustees, executors, or other persons in a fiduciary position, those persons shall also be protected in like manner.

(4.) Where such persons are acting without a solicitor, they shall also be protected in like manner.

Under this s. a solicitor adopting the Act and framing his drafts so as to incorporate the forms contained in the Act, or so as not to exclude any provisions of the Act, incurs no responsibility, those forms and provisions being by this section declared proper. The same holds as to a trustee or executor. If he uses other forms his responsibility remains the same as before the Act.

Having regard to subs. 3, trustees and executors will probably always require the Act to be adopted, thereby obtaining express statutory protection.

XV. MISCELLANEOUS.

67.-(1.) Any notice required or authorized by this Act to be served shall be in writing.

SS. 67, 68.

MISCELLA-
NEOUS.

Regulations respecting

(2.) Any notice required or authorized by this Act to notice. be served on a lessee or mortgagor shall be sufficient, although only addressed to the lessee or mortgagor by that designation without his name, or generally to the persons interested without any name, and notwithstanding that any person to be affected by the notice is absent, under disability, unborn, or unascertained.

(3.) Any notice required or authorized by this Act to be served shall be sufficiently served if it is left at the last-known place of abode or business in the United Kingdom of the lessee, lessor, mortgagee, mortgagor, or other person to be served, or, in case of a notice required or authorized to be served on a lessee or mortgagor, is affixed or left for him on the land or any house or building comprised in the lease or mortgage, or, in case of a mining lease, is left for the lessee at the office or counting-house of the mine.

(4.) Any notice required or authorized by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned through the post-office undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered. (5.) This section does not apply to notices served in proceedings in the Court.

As to service on mortgagor of notice to sell by mortgagee, see note Service on to s. 20, ante. mortgagor.

c. 62.

68. The Act described in Part II. of the First Short title of Schedule to this Act shall, by virtue of this Act, have 5 & 6 Will. 4, the short title of the Statutory Declarations Act, 1835, and may be cited by that short title in any declaration

SS. 68, 69 (1), made for any purpose under or by virtue of that Act, or 989, in any other document, or in any Act of Parliament.

(5), (6), (7),

(8), (9).

MISCELLA-
NEOUS.

COURT; PRO

CEDURE;
ORDERS.

Regulations

respecting

The object of this s. is to render unnecessary the long and cumbrous title of the Act referred to. The Form given in the schedule to that Act will now run thus: I, A. B., do solemnly . . . . and by virtue of the Statutory Declarations Act, 1835, &c.

XVI.-COURT; PROCEDURE; ORDERS.

69.-(1.) All matters within the jurisdiction of the payments into Court under this Act shall, subject to the Acts regulating the Court, be assigned to the Chancery Division of the Court.

Court and applications.

(2.) Payment of money into Court shall effectually exonerate therefrom the person making the payment. (3.) Every application to the Court shall, except where it is otherwise expressed, be by summons at Chambers. (4.) On an application by a purchaser notice shall be served in the first instance on the vendor.

(5.) On an application by a vendor notice shall be served in the first instance on the purchaser.

(6.) On any application notice shall be served on such persons, if any, as the Court thinks fit.

(7.) The Court shall have full power and discretion to make such order as it thinks fit respecting the costs, charges, or expenses of all or any of the parties to any application.

(8.) General Rules for purposes of this Act shall be deemed Rules of Court within section seventeen of the 39 & 40 Vict. Appellate Jurisdiction Act, 1876, and may be made accordingly.

c. 59, s. 17.

(9.) The powers of the Court may, as regards land in the County Palatine of Lancaster, be exercised also by the Court of Chancery of the County Palatine; and Rules for regulating proceedings in that Court shall be from time to time made by the Chancellor of the Duchy of Lancaster, with the advice and consent of a Judge of the High Court acting in the Chancery Division, and of the Vice-Chancellor of the County Palatine.

70, (1), (2), (3).

(10.) General Rules, and Rules of the Court of s. 69, (10); S. Chancery of the County Palatine, under this Act may be made at any time after the passing of this Act, to take effect on or after the commencement of this Act.

70.—(1.) An order of the Court under any statutory or other jurisdiction shall not as against a purchaser be invalidated on the ground of want of jurisdiction, or of want of any concurrence, consent, notice, or service, whether the purchaser has notice of any such want or

not.

(2.) This section shall have effect with respect to any lease, sale, or other act under the authority of the Court, and purporting to be in pursuance of the Settled Estates

COURT; PRO-
CEDURE;
ORDERS.

Orders of
Court con-

clusive.

Act, 1877, notwithstanding the exception in section forty 40 & 41 Vict. of that Act, or to be in pursuance of any former Act c. 18, s. 40. repealed by that Act, notwithstanding any exception in

such former Act.

(3.) This section applies to all orders made before or after the commencement of this Act, except any order which has before the commencement of this Act been set aside or determined to be invalid on any ground, and except any order as regards which an action or proceeding is at the commencement of this Act pending for having it set aside or determined to be invalid.

this section.

This sect. has an important effect in making valid titles under What matters sales by the Court. The order for sale is made conclusive as to juris- covered by diction (for instance to sell part of a settled estate for any purpose) and as to consent (as of a respondent in a petition under the Settled Estates Act), notice, or service (as where a party to an action or a person served with notice of judgment in an action does not appear). It seems clear that the purchaser must still ascertain that all persons in existence who ought to be parties to the action or other proceeding appear to be parties or to be otherwise bound. If any person in existence be not a party or not so bound, it is not a question of jurisdiction, concurrence, consent, notice, or service, but simply that his interest is not affected by the action or other proceeding. To go further would require the establishment of a jurisdiction and proceedings similar to those of the Landed Estates Court in Ireland.

Subs. 2 gives this section an important retrospective effect by How far retromaking valid every past lease or sale under the Settled Estates Acts of spective. 1856 and 1877, where no proceedings have been taken to question the

S. 70 (3); SS. 71, 72 (1), (2), (3).

COURT;

PROCEDURE;

ORDERS. REPEALS. Repeal of enactments in Part III. of Second Schedule;

restriction on all repeals.

Powers under Lord Cranworth's Act preserved.

IRELAND.

Modifications respecting Ireland.

sale, notwithstanding that there has been in fact an omission to obtain the required consent under s. 28 of the first Act, or s. 40 of the second Act.

XVII.-REPEALS.

71.-(1.) The enactments described in Part III. of the Second Schedule to this Act are hereby repealed.

(2.) The repeal by this Act of any enactment shall not affect the validity or invalidity, or any operation, effect, or consequence, of any instrument executed or made, or of anything done or suffered, before the commencement of this Act, or any action, proceeding, or thing then pending or uncompleted; and every such action, proceeding, and thing may be carried on and completed as if there had been no such repeal in this Act; but this provision shall not be construed as qualifying the provision of this Act relating to section forty of the Settled Estates Act, 1877, or any former Act repealed by that Act.

Subs. 2 preserves to the full extent the power of sale given by Lord Cranworth's Act in case of mortgages prior to 1882. The "operation and effect" of that Act was to give every mortgagee a power of sale unless otherwise agreed, and as a consequence" he could sell. This "operation, effect, and consequence" are not to be affected by the repeal of the Act: See similar but more extensive reservation of powers of the Public Works Loan Commissioners under their repealed Acts by 38 & 39 Vict. c. 89, s. 57 (Public Works Loans Act, 1875).

XVIII. IRELAND.

72.-(1.) In the application of this Act to Ireland the foregoing provisions shall be modified as in this section provided.

(2.) The Court shall be Her Majesty's High Court of Justice in Ireland.

(3.) All matters within the jurisdiction of that Court shall, subject to the Acts regulating that Court, be assigned to the Chancery Division of that Court; but General Rules under this Act may direct that any of those matters be assigned to the Land Judges of that Division.