for payment to solicitor.

Sect. 56. sideration, the deed being executed, or the indorsed receipt being signed, by the person entitled to give a receipt for that consideration, the deed shall be sufficient authority to the person liable to pay or give the same for his paying or giving the same to the solicitor, without the solicitor producing any separate or other direction or authority in that behalf from the person who executed or signed the deed or receipt.

thorized to

Solicitor is This section alters the rule laid down in Viney v. now au- Chaplin, 2 D. G. & J. 468, recently followed in Ex parte Swinbanks, 11 Ch. D. 525, that the vendor's solicitor is not, purchase by the mere possession of the conveyance executed by the vendor, authorized to receive the purchase money.

receive

money.

The words of the section extend to any solicitor, not merely the vendor's, and apply to the receipt of any consideration.

"ConsiThe section does not seem to apply to any payments deration." other than the consideration.

The provisions contained in sects. 54-56 may possibly promote despatch of business, but it appears to be questionable whether that advantage will compensate for the nonrequirement of an indorsed receipt and a special authority, which have in practice often proved valuable safeguards to a vendor or mortgagor. It will be observed, however, that a purchaser can have the execution of the conveyance attested by his solicitor or other person appointed by him, but it will be at his own cost. See sect. 8.

(2.) This section applies only in cases where consideration is to be paid or given after the commencement of this Act.

The consideration "is to be" paid or given after the commencement of the Act. The words seem to confine the section to payments the time of which, as fixed by the

contract, is after 31st December, 1881, independently of Note to the date of the deed. S.56,ss.2.

in fourth

57.-Deeds in the form of and using the Sufficiency expressions in the forms given in the fourth of forms schedule to this Act, or in the like form or using schedule. expressions to the like effect, shall, as regards form and expression in relation to the provisions of this Act, be sufficient.

The

The use of the forms in the third schedule is authorized Statutory by sects. 26, 27, and 29. This section gives a sanction forms. to those in the fourth schedule, and adds that deeds in the "like" form or using expressions "to the like effect" shall be "sufficient" for the purposes of the Act. use of the words " as beneficial owner" implies covenants for title (see sect. 7); the word " convey" is substituted for grant (sect. 49); general words and "all the estate" clause are implied by sects. 6, 63; the use of the words "in fee simple" and the omission of the word "heirs," see sect. 51; an acknowledgment instead of the ordinary covenant for production and safe custody of title deeds (sect. 9); and as to the mortgage deeds the usual powers incident to estate or interest of mortgagee (sect. 19), and the effect of advance on joint account, &c. (sect. 61), are also implied.

to bind

58.-(1.) A covenant relating to land of Covenants inheritance, or devolving on the heir as special heirs, &c. occupant, shall be deemed to be made with the covenantee, his heirs and assigns, and shall have effect as if heirs and assigns were expressed.

The object of this sub-section appears to be to render Covenant, it unnecessary in future to insert the words "heirs and to bind heirs, &c. assigns" after the covenantee's name in covenants relating

I

Note to land of inheritance or devolving on the heir as special S.58,ss.1.

occupant.

It must be taken to mean covenants for the benefit of the owners of such land, for otherwise the words "heirs and assigns" would be inappropriate; besides, whether named or not, assigns not having notice of a restrictive covenant would not be bound at law unless the covenant ran with the land, which can only happen in the case of a lease in which the word "heirs" is inappropriate.

In equity the assign having notice of a restrictive covenant is bound, whether named or not, and is not entitled to the benefit of a covenant merely by being named unless such was the original intention of the parties. Master v. Hansard, 4 Ch. D. 718; Pollock on Contracts, 2nd Edit. 218; Dav. Conv., 4th Edit. vol. I. p. 137.

With the expression "devolving on the heir as special occupant," compare the expression "limited to the heir as special occupant" in sect. 30.

(2.) A covenant relating to land not of inheritance, or not devolving on the heir as special occupant, shall be deemed to be made with the covenantee, his executors, administrators, and assigns, and shall have effect as if executors, administrators, and assigns were expressed.

The second sub-section deals with covenants relating to land not of inheritance, and supplies the words " executors, administrators, and assigns" in such covenants. The words "executors and administrators superfluous in all cases.

are quite

The presence or absence of the word "assigns" in a covenant by a lessee has apparently but one important effect, namely, that where something is to be newly made on the premises the assigns are not bound unless named. See Pollock on Contracts, 2nd Edit. 218; and also see Taite v. Gosling, 11 Ch. D. 273.

(3.) This section applies only to covenants Sect. 58. made after the commencement of this Act.

The section only applies to covenants made after 31st December, 1881. This, probably, includes implied covenants, although some of them are specially provided for. See sect. 7, sub-sect. (6.)

to extend

59.—(1.) A covenant, and a contract under Covenants seal, and a bond or obligation under seal, though to heirs, not expressed to bind the heirs, shall operate in &c. law to bind the heirs and real estate, as well as the executors and administrators and personal estate, of the person making the same, as if heirs were expressed.

where heir

The difference as regards creditors' remedies under a Difference specialty where the heir is named, and a specialty where between he is not named is that in the first case the creditor specialty may, by 11 Geo. 4 & 1 Will. 4, c. 47, recover against is named the devisee or heir of the covenantor to the amount of and spethe lands devised or descended as if the debt were to that cialty amount the debt of the devisee or heir. The debt is the is not personal debt of the devisee or heir and not a charge on named. the land, which cannot be followed into the hands of a purchaser.

The same statute enacts that creditors by specialty in which the heirs are bound, shall have priority over creditors by specialty in which the heirs are not bound in the administration of the estate of a trader who shall have died seised of or entitled to real estate.

The same thing is enacted by 3 & 4 Will. 4, c. 104.

This distinction seems to be abolished by 32 & 33 Vict. c. 46, which enacts that in the administration of the estate of any person who shall die after 1st January, 1870, all the creditors shall be treated as standing in equal degree.

where heir

Note to

In covenants made or implied after the commencement S.59.ss.1. of this Act the heir will be bound, unless he is expressed The differ not to be bound.

ence is

removed by this section.

Effect of covenant

with two

or more

jjointly.

It appears to be doubtful in cases where a covenant is intended to run with land the vendor retains whether he should not still be made to covenant for his assigns. See Dav. Conv. II. 4th Edit., p. 429, note b. ; Taite v. Gosling, 11 Ch. D. 273.

(2.) This section extends to a covenant implied by virtue of this Act.

For covenants implied by this Act, see sect. 7 sub-sect. (1); sect. 26 sub-sect. (1); and sect. 27, sub-sect. (3.)

(3.) This section applies only if and as far as a contrary intention is not expressed in the covenant, contract, bond, or obligation, and shall have effect subject to the terms of the covenant, contract, bond, or obligation, and to the provisions therein contained.

(4.) This section applies only to a covenant, contract, bond, or obligation made or implied after the commencement of this Act.

If it should be desirable for any reason (it is difficult to imagine one) to bar the operation of this section, it may be done by expressing an intention to that effect. The section is not retrospective.

60.-(1.) A covenant, and a contract under seal, and a bond or obligation under seal, made with two or more jointly, to pay money or to make a conveyance, or to do any other act, to them or for their benefit, shall be deemed to include, and shall, by virtue of this Act, imply, an obligation to do the act to, or for the benefit of,