ARTICLE XVII. The carrying out of the reciprocal engagements contained in the present Convention is subordinated in so far as necessary to the observance of the formalities and rules established by the constitutional laws of those of the high contracting parties, who are obliged to elicit their application, which they engage to do, as early as possible. ARTICLE XVIII. The present Convention shall come into operation within one month after exchange of ratifications, and shall remain in force for an unlimited time, till the expiry of one year from the date of its denunciation. This denunciation shall be addressed to the Government commissioned to receive adhesions. It shall only affect the state which shall have denounced the Convention-the Convention remaining intact for the other contracting parties. ARTICLE XIX. The present Convention shall be ratified, and the ratifications of it exchanged in Paris within one year at the latest. IN WITNESS Whereof the Plenipotentiaries have signed it and thereto affixed their seals. Done at Paris the 20th of March, 1883. PROTOCOL. The Plenipotentiaries of the contracting states, when signing the accompanying Convention, at the same time signed an explanatory Protocol, the substance of which is as follows: 1. The words "industrial property are to be understood in their broadest sense; they are not to apply simply to industrial products properly so called, but also to agricultural products (wines, corns, fruits, cattle, &c.), and to mineral products employed in commerce (mineral waters, &c.). 2. Under the word "patents" are comprised the various kinds of industrial patents recognized by the legislation of the contracting states, such as improvement patents, &c. 3. The last paragraph of Article II. does not affect the legislation of the contracting states, relating to legal procedure, jurisdiction, &c. 5. Each country of the Union shall publish, if practicable, an official newspaper in connection with the special government department mentioned in Article XII. 6. [This paragraph relates to the working of the International Office at Berne, the expense of which is to be divided in a given proportion amongst the several states forming the Union.] 7. The present Protocol, which shall be ratified along with the Convention, shall have the same force, validity and duration as the Convention itself. PARTNERSHIP LAW AMENDMENT ACT, 1865. 28 & 29 VICT. c. 86 (a). An Act to amend the Law of Partnership. [5th July, 1865.] 1. The advance of money by way of loan to a person engaged or about to engage in any trade or undertaking upon a contract in writing with such person that the lender shall receive a rate of interest varying with the profits, or shall receive a share of the profits arising from carrying on such trade or undertaking, shall not of itself constitute the lender a partner with the person or the persons carrying on such trade or undertaking, or render him responsible as such. 2. No contract for the remuneration of a servant or agent of any person engaged in any trade or undertaking by a share of the profits of such trade or undertaking shall of itself render such servant or agent responsible as a partner therein nor give him the rights of a partner. 3. No person being the widow or child of the deceased partner of a trader, and receiving by way of annuity a portion of the profits made by such trader in his business, shall by reason only of such receipt be deemed to be a partner of or to be subject to any liabilities incurred by such trader. 4. No person receiving by way of annuity or otherwise a portion of the profits of any business in consideration of the sale by him of the goodwill of such business, shall by reason only of such receipt be deemed to be a partner of or be subject to the liabilities of the person carrying on such business. 5. In the event of any such trader as aforesaid being adjudged a bankrupt, or taking the benefit of any act for the relief of insolvent debtors, or entering into an arrangement to pay his creditors less than twenty shillings in the pound, or dying in insolvent circumstances, the lender of any such loan as aforesaid shall not be entitled to recover any portion of his principal or of the profits or interest payable in respect of such loan; nor shall any such vendor of a goodwill as aforesaid be entitled to recover any such profits as aforesaid until the claims of the other creditors of the said trader for valuable consideration in money or money's worth have been satisfied. 6. In the construction of this Act the word "person" shall include a partnership firm, a joint stock company, and a corporation. (a) This Act is referred to ante, pp. 30, 31, 124, 209. CONVEYANCING AND LAW OF PROPERTY ACT, 1881. 44 & 45 VICT. c. 41. (In part.) An Act for simplifying and improving the practice of Conveyancing; and for vesting in trustees, mortgagees, and others various powers commonly conferred by provisions inserted in settlements, mortgages, wills, and other instruments; and for amending in various particulars the Law of Property; and for other purposes. I. PRELIMINARY. [22nd August, 1881.] PRELIMINARY. 1.-(1.) This Act may be cited as the Conveyancing and Law of Short title; Property Act, 1881. commence (2.) This Act shall commence and take effect from and immediately ment; extent. after the thirty-first day of December one thousand eight hundred and eighty-one. (3.) This Act does not extend to Scotland. 2. In this Act— (i.) Property, unless a contrary intention appears, includes real and Interpretapersonal property, and any estate or interest in any property, real or tion of propersonal, and any debt, and any thing in action, and any other right perty, land, or interest: (v.) Conveyance, unless a contrary intention appears, includes assignment, appointment, lease, settlement, and other assurance, and covenant to surrender, made by deed, on a sale, mortgage, demise, or settlement of any property, or on any other dealing with or for any property; and convey, unless a contrary intention appears, has a meaning corresponding with that of conveyance: (vi.) Mortgage includes any charge on any property for securing money or money's worth; and mortgage money means money or money's worth, secured by a mortgage; and mortgagor includes any person from time to time deriving title under the original mortgagor, or entitled to redeem a mortgage, according to his estate, interest, or right, in the mortgaged property; and mortgagee includes any person from time to time deriving title under the original mortgagee; and mortgagee in possession is, for the purposes of this Act, a mortgagee who, in right of the mortgage, has entered into and is in possession of the mortgaged property: (vii.) Incumbrance includes a mortgage in fee, or for a less estate, and a trust for securing money, and a lien, and a charge of a portion, annuity, or other capital or annual sum; and incumbrancer has a meaning corresponding with that of incumbrance, and includes every person entitled to the benefit of an incumbrance, or to require payment or discharge thereof: M. BB &c. Covenants for Title. Covenants for title to be implied. On conveyance for value, by beneficial owner. Right to convey. Quiet enjoyment. (viii.) Purchaser, unless a contrary intention appears, includes a lessee or mortgagee, and an intending purchaser, lessee, or mortgagee, or other person, who, for valuable consideration, takes or deals for any property; and purchase, unless a contrary intention appears, has a meaning corresponding with that of purchaser; but sale means only a sale properly so called: (ix.) Rent includes yearly or other rent, toll, duty, royalty, or other reservation, by the acre, the ton, or otherwise; and fine includes premium or fore-gift, and any payment, consideration, or benefit in the nature of a fine, premium, or fore-gift: (xii.) Will includes codicil: (xiii) Instrument includes deed, will, inclosure award, and Act of Parliament: (xiv.) Securities include stocks, funds, and shares: (xv.) Bankruptcy includes liquidation by arrangement, and any other act or proceeding in law having, under any Act for the time being in force, effects or results similar to those of bankruptcy; and bankrupt has a meaning corresponding with that of bankruptcy: (xvi.) Writing includes print; and words referring to any instrument, copy, extract, abstract, or other document include any such instrument, copy, extract, abstract, or other document being in writing or in print, or partly in writing and partly in print: (xvii.) Person includes a corporation: (xviii.) Her Majesty's High Court of Justice is referred to as the Court. Covenants for Title. 7.-(1.) In a conveyance there shall, in the several cases in this section mentioned, be deemed to be included, and there shall in those several cases, by virtue of this Act, be implied, a covenant to the effect in this section stated, by the person or by each person who conveys, as far as regards the subject-matter or share of subject-matter expressed to be conveyed by him, with the person, if one, to whom the conveyance is made, or with the persons jointly, if more than one, to whom the conveyance is made as joint tenants, or with each of the persons, if more than one, to whom the conveyance is made as tenants in common, that is to say: (A.) In a conveyance for valuable consideration, other than a mortgage, the following covenant by a person who conveys and is expressed to convey as beneficial owner (namely): That, notwithstanding anything by the person who so conveys, or anyone through whom he derives title, otherwise than by purchase for value, made, done, executed, or omitted, or knowingly suffered, the person who so conveys, has, with the concurrence of every other person, if any, conveying by his direction, full power to convey the subject-matter expressed to be conveyed, subject as, if so expressed, and in the manner in which, it is expressed to be conveyed, and that, notwithstanding anything as aforesaid, that subject-matter shall remain to and be quietly entered upon, received, and held, occupied, enjoyed, and taken, by the person to whom the conveyance is expressed to be made, and any person deriving title under him, and the benefit thereof shall be received and taken accordingly, without any lawful interruption or disturbance by the person who so conveys or any person conveying by his direction, or rightfully claiming or to claim by, through, under, or in trust for the person who so conveys, or any person conveying by his direction, or by, through, or under any one not being a person claiming in respect of an estate or interest subject for value; and that, freed and discharged from, or otherwise by Freedom from the person who so conveys sufficiently indemnified against, all incumbrance. such estates, incumbrances, claims, and demands other than those subject to which the conveyance is expressly made, as either before or after the date of the conveyance have been or shall be made, occasioned, or suffered by that person or by any person conveying by his direction, or by any person rightfully claiming by, through, under, or in trust for the person who so conveys, or by, through, or under any person conveying by his direction, or by, through, or under any one through whom the person who so conveys derives title, otherwise than by purchase for value; and Further further, that the person who so conveys, and any person convey- assurance. ing by his direction, and every other person having or rightfully claiming any estate or interest in the subject-matter of conveyance, other than an estate or interest subject whereto the conveyance is expressly made, by, through, under, or in trust for the person who so conveys, or by, through, or under any person conveying by his direction, or by, through, or under any one through whom the person who so conveys derives title, otherwise than by purchase for value, will, from time to time and at all times after the date of the conveyance, on the request and at the cost of any person to whom the conveyance is expressed to be made, or of any person deriving title under him, execute and do all such lawful assurances and things for further or more perfectly assuring the subject-matter of the conveyance to the person to whom the conveyance is made, and to those deriving title under him, subject, as if so expressed, and in the manner in which the conveyance is expressed to be made, as by him or them or any of them shall be reasonably required: (in which covenant a purchase for value shall not be deemed to include a conveyance in consideration of marriage): (C.) In a conveyance by way of mortgage, the following covenant On mortgage, by a person who conveys and is expressed to convey as beneficial by beneficial owner (namely): owner. That the person who so conveys, has, with the concurrence of every Right to other person, if any, conveying by his direction, full power to convey. convey the subject-matter expressed to be conveyed by him, Quiet enjoysubject as, if so expressed, and in the manner in which it is ment. expressed to be conveyed; and also that, if default is made in payment of the money intended to be secured by the conveyance, or any interest thereon, or any part of that money or interest, contrary to any provision in the conveyance, it shall be lawful for the person to whom the conveyance is expressed to be made, and the persons deriving title under him, to enter into and upon, or receive, and thenceforth quietly hold, occupy, and enjoy or take and have, the subject-matter expressed to be conveyed, or any part thereof, without any lawful interruption or disturbance by the person who so conveys, or any person conveying by his direction, or any other person not being a person claiming in respect of an estate or interest subject whereto the conveyance is expressly made; and that, freed and discharged from, or other- Freedom wise by the person who so conveys sufficiently indemnified against, from incumall estates, incumbrances, claims, and demands whatever, other brances. |