Page images
PDF
EPUB

(3.) This section applies only to a mortgage, or obligation, or transfer made after the commencement of this Act.

.

Provision for 63.—(1.) Every conveyance shall, by virtue of this Act, be effectual all the estate, to pass all the estate, right, title, interest, claim, and demand which

the conveying parties respectively have, in, to, or on the property conveyed, or expressed or intended so to be, or which they respectively have power to convey in, to, or on the same.

(2.) This section applies only if and as far as a contrary intention is not expressed in the conveyance, and shall have effect subject to the terms of the conveyance and to the provisions therein contained.

(3.) This section applies only to conveyances made after the commencement of this Act.

Construction of implied covenants.

64. In the construction of a covenant or proviso, or other provision, implied in a deed by virtue of this Act, words importing the singular or plural number, or the masculine gender, shall be read as also importing the plural or singular number, or as extending to females, as the case may require.

MISCELLA

NEOUS.

Regulations respecting notice.

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

(2.) Any notice required or authorized by this Act to 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.

c. 62.

Short title of 68. The Act described in Part II. of the First Schedule to this Act 6 & 6 Will. 4, shall, by virtue of this Act, havo the short title of the Statutory

Declarations Act, 1835, and may be cited by that short title in any declaration made for any purpose under or by virtue of that Act, or in any other document, or in any Act of Parliament.

CONVEYANCING ACT, 1882.

45 & 46 Vict. c. 39. (In part.)

An Act for further improving the practice of Conveyancing; and for other purposes.

[10th August, 1882.] Preliminary.

Preliminary. 1.-(1.) This Act may be cited as the Conveyancing Act, 1882; and short titles ; the Conveyancing and Law of Property Act, 1881 (in this Act referred commenceto as the Conveyancing Act of 1881) and this Act may be cited ment; extent; together as the Conveyancing Acts, 1881, 1882.

interpreta

tion.
(2.) This Act, except where it is otherwise expressed, shall com-
mence and take effect from and immediately after the thirty-first day
of December one thousand eight hundred and eighty-two, which time
is in this Act referred to as the commencement of this Act.

(3.) This Act does not extend to Scotland.
(4.) In this Act and in the Schedule thereto-
(i.) Property includes real and personal property, and any debt,

and any thing in action, and any other right or interest in

the nature of property, whether in possession or not;
(ii.) Purchaser includes a lessee or mortgagee, or an intending

purchaser, lessee, or mortgagee, or other person, who, for
valuable consideration, takes or deals for property, and
purchase has a meaning corresponding with that of pur-
chaser.
Notice.

Notice. 3.-(1.) A purchaser shall not be prejudicially affected by notice of Restriction on any instrument, fact, or thing unless

constructive (i.) It is within his own knowledge, or would have come to his notice.

knowledge if such inquiries and inspections had been made

as ought reasonably to have been made by him; or
(ii.) In the same transaction with respect to which a question of

notice to the purchaser arises, it has come to the knowledge
of his counsel, as such, or of his solicitor, or other agent, as
such, or would have come to the knowledge of his solicitor,
or other agent, as such, if such inquiries and inspections had
been made as ought reasonably to have been made by the

solicitor or other agent.
(2.) This section shall not exempt a purchaser from any liability
under, or any obligation to perform or observe, any covenant, con-
dition, provision, or restriction contained in any instrument under
which his title is derived, mediately or immediately; and such
liability or obligation may be enforced in the same manner and to the
same extent as if this section had not been enacted.

(3.) A purchaser shall not by reason of anything in this section be affected by notice in any case where he would not have been so affected if this section had not been enacted.

(4.) This section applies to purchases made either before or after the commencement of this Act; save that, where an action is pending at the commencement of this Act, the rights of the parties shall not be affected by this section.

Powers of Attorney. Effect of power of attorney, for value, made absolutely irrevocable.

Powers of Attorney. 8.-(1.) If a power of attorney, given for valuable consideration, is in the instrument creating the power expressed to be irrevocable, then, in favour of a purchaser,

(i.) The power shall not be revoked at any time, either by anything done by the donor of the power without the concurrence of the donee of the power, or by the death, marriage, lunacy, unsoundness of mind, or bankruptcy of the donor of the power; and

(ii.) Any act done at any time by the donee of the power, in pursuance of the power, shall be as valid as if anything done by the donor of the power without the concurrence of the donee of the power, or the death, marriage, lunacy, unsoundness of mind, or bankruptcy of the donor of the power, had not been done or happened ; and

(ii.) Neither the donee of the power nor the purchaser shall at any time be prejudicially affected by notice of anything done by the donor of the power, without the concurrence of the donee of the power, or of the death, marriage, lunacy, unsoundness of mind, or bankruptcy of the donor of the power.

(2.) This section applies only to powers of attorney created by instruments executed after the commencement of this Act.

power; and

Effect of 9.-(1.) If a power of attorney, whether given for valuable conpower of

sideration or not, is in the instrument creating the power expressed to attorney, for be irrevocable for a fixed time therein specified, not exceeding one value or not, made irre.

from the date of the instrument, then, in favour of a purchaser,

year vocable for

(i.) The power shall not be revoked, for and during that fixed time, fixed time. either by anything done by the donor of the power without the

concurrence of the donee of the power, or by the death, marriage, lunacy, unsoundness of mind, or bankruptcy of the donor of the

(ii.) Any act done within that fixed time, by the donee of the power, in pursuance of the power, shall be as valid as if anything done by the donor of the power without the concurrence of the donee of the power, or the death, marriage, lunacy, unsoundness of mind, or bankruptcy of the donor of the power, had not been done or happened ; and

(ii.) Neither the donee of the power, nor the purchaser, shall at any time be prejudicially affected by notice either during or after that fixed time of anything done by the donor of the power during that fixed time, without the concurrence of the donee of the power, or of the death, marriage, lunacy, unsoundness of mind, or bankruptcy of the donor of the power within that fixed time.

(2.) This section applies only to powers of attorney created by instruments executed after the commencement of this Act.

Mortgages. Reconvey

ance on

mortgage.

Mortgages. 12. The right of the mortgagor, under section fifteen of the Conveyancing Act of 1881, to require a mortgagee, instead of re-conveying, to assign the mortgage debt and convey the mortgaged property to a third person, shall belong to and be capable of being enforced by each incumbrancer, or by the mortgagor, notwithstanding any intermediate incumbrance; but a requisition of an incumbrancer shall prevail over a requisition of the mortgagor, and, as between incumbrancers, a requisition of a prior incumbrancer shall prevail over a requisition of a subsequent incumbrancer.

INDEX.

NOTE.-- References to the Precedents and Forms are printed thus [64].

ABANDONED APPLICATION, 13, 14, 64, n., 309, 332. See ABANDONMENT.
ABANDONMENT,
of application for patent, 13, 14, 64, n., 309, 332.

effect of, 64, n., 309.
ensues if complete specification not left within prescribed time, 14, 309.
must be before acceptance of complete specification, to prevent publi-

cation, 13, n.
prevents new application, if public use of invention continued, 14,

64, n., 309, n.
of provisional specification, 65, n.

of purchase, if complete specification not accepted, [71].
ABORTIVE PROCEEDINGS,

costs of, on application for patent, [64].
ACCEPTANCE,

of application, 13, 309, 338.
of complete specification,

abandonment of purchase, if not obtained in time, [71].
advertisement of, 14, 310.
agreement for sale of patent after, [72].
appeal from refusal as to, 14, 309.
colonial and foreign patents, application for, how affected by, 77, n.
effect of, 15, 311.
inspection by public after, 14, 310, 338.
no fresh application can be made after, 64, n.
not conclusive as to its sufficiency, 20, 310, n.
publication ensues on, 14, 310.
public inspection allowed after, 14, 310, 338.
recital as to, [50].

time for, 14, 309, 332.
ACCOUNTANT,

inspection of books by, [52].
ACCOUNTS, 33.
covenant to keep, [51, 52, 65, 146, 151, 246, 256, 275, 285, 289].

observations on, 210.
delivery of, [246].
inspection of books, [51, 210].
liability of co-owners inter se to furnish, 119.
mutual, covenant for, (285).
order for, in action for infringement, 316.
partnership, ordered in action, although dissolution not prayed, 102, n.
settlement of, [65, 146, 151].

verification of, by statutory declaration, [52, 247].
ACID,

prices of raw material according to amount of, [85].
ACKNOWLEDGMENT,
and undertaking under Conveyancing Act, 1881..373–375.

as to letters patent, [253].

as to licence, [291].
NOTE.— References to the Precedents und Forms are printed thus [64].

CC

M.

ACT OF BANKRUPTCY,
power to rescind agreement on, [54].

to revoke licence on, [239].
ACTION,
for infringement,

damages in, 313.
delivery of particulars in, 316.
disclaimer of part of specification during, 313.
order for account or inspection in, 316.

right of inspection in, 213, n. See INFRINGEMENT.
for foreclosure-or redemption, 378.
on contract,

by agent, 106, n.

by factor, 106, n.
sale of mortgaged property in, 378, 379.
ACTS,

implied contract from, 121.

of assigns binding them to a deed executed by the assignor, 125.
ACTS OF PARLIAMENT,

21 Jac. I. c. 3 (Statute of Monopolies), 3, 10, 303, 304.
29 Car. II. c. 3 (Statute of Frauds), 40, 43.
5 & 6 Will. IV. c. 83 (Patents Amendment Act, 1835), 6, 330.
2 & 3 Vict. c. 67 (Patents Amendment Act, 1839), 330.
7 & 8 Vict. c. 69 (Administration of Justice, &c., by Privy Council), 6, 330.
15 & 16 Vict. c. 83 (Patent Law Amendment Act, 1852), 3 et seq., 8, 17, n.,

20, n., 331.
17 & 18 Vict. c. 125 (Common Law Procedure Act, 1854), 56, n.
28 & 29 Vict. c. 86 (Partnership Law Amendment Act, 1865), 30, 31, 124,

209, 368.
33 & 34 Vict. c. 35 (Apportionment Act, 1870), 92, n., 269, n., 271, n.,

281, n., 294, n.
33 & 34 Vict. c. 97 (Stamp Act, 1870), 63, n., 69, n., 158, n., 173, n., 222,

331.
44 & 45 Vict. c. 41 (Conveyancing, &c. Act, 1881), 63, n., 92, D., 114, n.,

117, 119, n., 129–132, 137, n., 141, n., 253, 291, 369

-382.
45 & 46 Vict. c. 39 (Conveyancing Act, 1882), 383.

c. 75 (Married Women's Property, Act, 1882), 11, n.
46 & 47 Vict. c. 52 (Bankruptcy Act, 1883), 105, n., 108, n.

c. 57 (Patents, Designs and Trade Marks Act, 1883), 2, 9 et seq.,

307-330.
48 & 49 Vict. c. 63 (Patents, Designs, and Trade Marks (Amendment) Act,

1885), 2, 3, 332.
49 & 50 Vict. c. 37 (Patents Act, 1886), 2, 9, 333.
repealed by new Act, 328.

list of, 330, 331.
ADDITIONS,

to an invention, 33.
ADDRESS,

of applicant, to be stated with application, 336.

in register, form of notice of alteration of, [352].
ADMINISTRATORS,

of deceased applicant or inventor, 11, 12, 311, 317, 338.
ADOPTION,
of contract by company after formation, [80].

trustee of (so called), to be discharged, [80].

liability of trustee until, 80, n.
ADVANCES,
agreement for, by instalments, to obtain and work patent, [69].

by manufacturer, who is to work patent, [64].
to a firm, payable only out of profits, [67].

observations on, 31-33.

« PreviousContinue »