the words in fee simple, without the word heirs; Sect. 51. and in the limitation of an estate in tail, to use the words in tail without the words heirs of the body; and in the limitation of an estate in tail male or in tail female, to use the words in tail male, or in tail female, as the case requires, without the words heirs male of the body, or heirs female of the body.

(2.) This section applies only to deeds executed after the commencement of this Act.

This section, which applies only to deeds executed after Words of the commencement of the Act, will render the law clear limitation for the future (if it was doubtful before) as to the meaning in fee or of the words fee simple, tail, and tail male or female when used in a deed as words of limitation.

The effect of this section, in enabling the draftsman to shorten some instruments, may be seen by a comparison of Form IV., Sched. IV., with the forms in Dav. Conv., 3rd Edit., vol. III., pt. II., pp. 1040 and 1196.

The estate to be taken must be clearly marked out, or limited either by the proper words conferring an estate in fee simple, tail, tail male or female, or by the use of the expressions in this section. A conveyance to a man and his assigns for ever, or to a man and the issue of his body will not confer a fee simple or estate tail respectively, but a life estate only will be given. Williams' R. P., 10th Edit. 143.

in tail.

collateral.

52.-(1.) A person to whom any power, Powers whether coupled with an interest or not, is given simply may by deed release, or contract not to exercise, the power.

(2.) This section applies to powers created by instruments coming into operation either

Sect. 52. before or after the commencement of this Act.

Different kinds of powers.

Power simply collateral

could not

be released.

Power in gross.

Married

women.

Infants.

The following exposition of the different kinds of powers is given by JESSEL, M. R., in the case of Re D'Augibau, 15 Ch. D. 232 :-"The first power, a power simply collateral, I understand to be a power given to a person who has no interest whatever in the property over which the power is given. The second power, a power in gross, is a power given to a person who has an interest in the property over which the power extends, but such an interest as cannot be affected by the exercise of the power. The most familiar instance is that of a tenant for life with a power of appointment after his death. Then the third kind of power is a power exerciseable by a person who has an interest in the property, which interest is capable of being affected, diminished, or disposed of to some extent by the exercise of the power. That power is commonly called a power appendant or appurtenant."

Before this Act a power simply collateral could not be released or extinguished with respect to land which it affected, and a power to be exercised for the benefit of another could not be released. See notes to Edwards & Slater, Tudor's Leading Cases, 3rd Edit. 368.

A power appendant or in gross might have been released, but apparently a covenant not to exercise a power in gross is void. Palmer v. Locke, 15 Ch. D. 294.

A married woman may release or extinguish a power under sect. 77 of the Fines and Recoveries Act (3 & 4 Will. 4, c. 74), or if the power relates to reversionary personalty under Malins' Act (20 & 21 Vict. c. 57) by a deed acknowledged in which her husband concurs. It is presumed that these formalities will still be necessary.

Powers over personalty, collateral or in gross, may be exercised by an infant. Powers over real estate cannot be exercised by an infant, unless the power be expressly made exerciseable during minority, nor can an infant exercise a power by will. Re D'Augibau, 15 Ch. D. 228.

This section probably enables an infant to release or contract to release any power which he might exercise, but

probably does not add otherwise to the value of an infant's Note to deed or contract. Sect. 52. This section in no way affects the equitable doctrines as Doctrine to frauds on powers, as to which see Aleyn v. Belchier, of fraud 1 White and Tudor's Leading Cases, 4th Edit. 377. on power It should be noticed that the marginal note is "powers affected. simply collateral." This will not restrict the meaning of Marginal

the section.

not

note.

tion of

annexed

53.-(1.) A deed expressed to be supple- Construcmental to a previous deed, or directed to be read suppleas an annex thereto, shall, as far as may be, be mental or read and have effect as if the deed so expressed deed. or directed were made by way of indorsement on the previous deed, or contained a full recital thereof.

(2.) This section applies to deeds executed either before or after the commencement of this Act.

annexed

deed.

It is difficult to see what the exact effect of this section Supplewill be. It is clearly intended to provide for shortening mental or deeds by omitting recitals which will be convenient enough while the deeds are physically annexed or actually accompany each other; but a deed in which the recitals are implied in this way may, when taken by itself, be very unintelligible, and apparently will give constructive notice of everything in the previous deed. For example, the deeds of statutory transfer of mortgage in the Third Schedule, Part II. (A.), (B.), and (C.) are stated by recital to be supplemental to an indenture of statutory mortgage, and the deed of statutory re-conveyance in Part III. to be supplemental to the transfer of mortgage, which is itself supplemental to the original mortgage deed.

deed suffi

54.-(1.) A receipt for consideration money Receipt in or securities in the body of a deed shall be a suffi- cient.

Sect. 54. cient discharge for the same to the person paying or delivering the same, without any further receipt for the same being indorsed on the deed.

Receipt in deed.

Purchaser

must pay only to

some one

properly

authorized.

"Securities."

(2.) This section applies only to deeds executed after the commencement of this Act.

The existence of a receipt in the body of the deed probably arose from the necessity of preventing the use from resulting for want of consideration. See Tyrrel's Case,

Tudor's Leading Cases, 3rd Edit. 335.

As the statement of the receipt was very often untrue in fact, and might be shown to be untrue in equity, though not at law, it became customary to indorse another receipt.

Such a receipt was not, either at law or in equity, conclusive evidence of the payment; but the absence of such a receipt was, in equity, notice that the purchase money had not been paid, and thus a subsequent purchaser had notice of a previous vendor's lien. Dart V. & P., 5th Edit. 415, 656, 730; Fisher on Mortgages, 3rd Edit. ss. 907, 949; and see note on next section.

This section does not make it the less necessary for the purchaser to pay the money to some one properly authorized to receive it. See Dart V. & P., 5th Edit. 656; Ex parte Swinbanks, 11 Ch. D. 525; and sect. 56, post.

The section includes the case of a receipt given for "securities" as well as consideration money. In the next section dealing with receipts the phrase is varied, from which it seems that the securities need not be the consideration.

Securities include stocks, funds, and shares. Sect. 2 (xiv.).

It is to be observed that in the recent case of Ex parte Charing Cross Advance and Deposit Bank, 16 Ch. D. 35, a question arising as to whether a bill of sale could be supplemented or corrected by the receipt which was subscribed at the foot of the deed, it was held that the indorsed receipt was not part of the deed, and could not be looked at as a statement of the consideration.

Sect. 55.

deed or

55.-(1.) A receipt for consideration money or other consideration in the body of a deed or Receipt in indorsed thereon shall, in favour of a subsequent indorsed, purchaser, not having notice that the money or evidence for subseother consideration thereby acknowledged to be quent purreceived was not in fact paid or given, wholly or chaser. in part, be sufficient evidence of the payment or giving of the whole amount thereof.

(2.) This section applies only to deeds executed after the commencement of this Act.

This section does away with the equitable doctrine re- Absence of ferred to in the notes to the last section, that the absence indorsed of an indorsed receipt gave constructive notice of a pre- notice of receipt no vious vendor's lien. It does not alter the effect of actual vendor's notice, and probably would not relieve a purchaser from lien. the constructive notice given by an unusual form of receipt or other circumstance which would cause suspicion, as in Kennedy v. Green, 3 M. & K. 699.

Either a receipt in the body of the deed or an indorsed receipt is to protect the subsequent purchaser, if he has not notice that the money was not paid. Notice must mean notice other than that given by the absence of a receipt, or the apparent object of the section fails.

It should be noticed that the word "purchaser" is used, "Purwhich would include a purchaser who has not got the legal chaser." estate. See sect. 2 (viii).

It is presumed that sufficient evidence must mean conclusive evidence.

In any case the practical effect of sects. 54 and 55 will be to make it much more unsafe for a vendor to part with the conveyance before he has been paid the purchase money.

deed or

56.-(1.) Where a solicitor produces a deed, Receipt in having in the body thereof or indorsed thereon & indorsed, receipt for consideration money or other con- authority