the survivor or survivors of them, and to, or for Sect. 60. the benefit of, any other person to whom the

right to sue on the covenant, contract, bond, or obligation devolves.

with two

This section enables the draftsman, by stating that the Effect of covenant is joint, to omit the repeated mention of the covenant "survivors or survivor" of the covenantees, while the appropriate representative of the last survivor will be jointly. supplied by sect. 58, when the covenant relates to land.

The section does not alter the law as to the construction of the covenant, and a covenant joint in form may still be construed as several (see Dav. Conv., 4th Edit., vol. I. p. 113), except in the case provided for in the next section.

The abbreviation given in this section may be used in a power of sale by putting it in the form of a covenant.

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

This section applies to implied covenants; in the cases referred to in the note to sect. 59, sub-sect (2), the effect of this section will have to be considered.

(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 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.

Sub-sect. (3) enables the operation of the section to be barred, and sub-sect. (4) confines it to deeds made after 31st December, 1881.

or more

Sect. 61.

Effect of

advance on joint account, &c.

Advance

on joint account,

&c.

61.-(1.) Where in a mortgage, or an obligation for payment of money, or a transfer of a mortgage or of such an obligation, the sum, or any part of the sum, advanced or owing is expressed to be advanced by or owing to more persons than one out of money, or as money, belonging to them on a joint account, or a mortgage, or such an obligation, or such a transfer is made to more persons than one, jointly, and not in shares, the mortgage money, or other money, or money's worth for the time being due to those persons on the mortgage or obligation, shall be deemed to be and remain money or money's worth belonging to those persons on a joint account, as between them and the mortgagor or obligor; and the receipt in writing of the survivors or last survivor of them, or of the personal representatives of the last survivor, shall be a complete discharge for all money or money's worth for the time being due, notwithstanding any notice to the payer of a severance of the joint

account.

This section provides that where money advanced on mortgage is expressed to belong to the mortgagees on a joint account, or where the mortgage, &c., is made to two jointly, the debt shall, as between mortgagees and mortgagor, be a joint debt.

Hitherto the money did not in equity belong to the mortgagees jointly unless it was expressly stated to do so, and as the declaration was generally not executed by the mortgagees, the joint account clause was of doubtful value. See Fisher on Mortgages, 3rd Edit. s. 1286.

This section reverses the equitable presumption as to the ownership of the mortgage money, and enables the

survivor or his representive to give a discharge for the Note to money notwithstanding notice that the joint account is S.61,ss.1.

severed in fact.

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

The operation of the section may be barred by a declaration to that effect, but such a declaration is not necessary if the mortgage, &c., is not made to several persons jointly and contains no joint account clause.

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

The section applies apparently to the case of a mortgage existing before and transferred after 31st December, 1881.

62.-(1.) A conveyance of freehold land to Grants of easements, the use that any person may have, for an estate &c., by or interest not exceeding in duration the estate way of use. conveyed in the land, any easement, right, liberty, or privilege in, or over, or with respect to that land, or any part thereof, shall operate to vest in possession in that person that easement, right, liberty, or privilege, for the estate or interest expressed to be limited to him; and he, and the persons deriving title under him, shall have, use, and enjoy the same accordingly.

Sect. 62. (2.) This section applies only to conveyances made after the commencement of this Act.

Provision

for all the

This section enables the owner of freehold land to convey an easement, right, liberty, or privilege in or over the land just as if it were an estate in the land.

The easement thus created, though not annexed to a dominant tenement, will be assignable by the grantee, which hitherto has not been the case as respects easements. in gross. See Gale on Easements, 5th Edit. P. 13.

63.-(1.) Every conveyance shall, by virtue estate, &c. of this Act, be effectual 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.

"All the estate"

clause.

The con

(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.

This section provides distinct authority for hereafter omitting the sonorous superfluity known as "all the estate " clause.

This has already been done in practice to some extent. See Davidson's Concise Precedents, 9th Edit. pp. 7 and 69; but see Dart's V. & P., 5th Edit. 542.

The section introduces a real change in the law with struction respect to the construction of conveyances made after 31st.

of the

December, 1881. What is included in the term "

ance," see sect. 2 (v.).

convey- Note to Sect. 63..

In the case of Francis v. Minton, L. R. 2 C. P. 543, it implied was held that where the mortgagor professed to convey the estate fee and "all the estate, right, title, interest, property, clause. possibility, claim, and demand," but had in fact only a leasehold interest as to one undivided moiety, the leasehold interest did not pass, the clause being controlled by a recital.

In another case there cited this clause was held not to include property not specifically referred to, and see Neame v. Moorsom, L. R. 3 Eq. 91.

The section enacts not merely that the clause shall be implied, but that the deed shall be effectual, subject to a contrary intention expressed in the conveyance.

It is probable that mere omission will not control the implied clause.

tion of

64.-In the construction of a covenant or Construcproviso, or other provision, implied in a deed implied by virtue of this Act, words importing the covenants.. 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.

This section re-enacts part of 13 & 14 Vict. c. 21, s. 4, The sec which provides this rule of construction for Acts of Par- tion is liament.

merely declara

It does not seem really necessary, since the words im- tory. plied in a deed by virtue of the Act must have the same meaning as the expression in the Act.

XIII.-LONG TERMS.

ment of

65.—(1.) Where a residue unexpired of not Enlargeless than two hundred years of a term, which, residue of as originally created, was for not less than three long term