Note to "purchaser" in sect. 2 (viii.), and consequently these conS. 3, ss. 8. ditions are not applicable to a contract for a mortgage or a lease.

Completion of contract after death.

Personal

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

(10.) This section applies only to sales made after the commencement of this Act.

(11.) Nothing in this section shall be construed as binding a purchaser to complete his purchase in any case where, on a contract made independently of this section, and containing stipulations similar to the provisions of this section, or any of them, specific performance of the contract would not be enforced against him by the Court.

4.-(1.) Where at the death of any person there is subsisting a contract enforceable against his heir or devisee, for the sale of the fee simple or other freehold interest, descendible to his heirs general, in any land, his personal representatives shall, by virtue of this Act, have power to convey the land for all the estate and interest vested in him at his death, in any manner proper for giving effect to the contract.

By this section the personal representatives of a vendor represen- dying before the completion of a contract for sale are have power empowered to convey a freehold interest to a purchaser. The difficulty and expense hitherto incurred of getting in

tatives

to convey

the legal estate from an infant heir or devisee of such Note to vendor may now be avoided.

S.4, ss.1.

The words "for the sale of the fee simple or other freehold interest " appear to have the effect of making this section inapplicable to copyholds descendible to heirs Copyholds. general.

The words "personal representatives" seemingly include Personal an administrator as well as an executor; see sect. 16 of representatives. 22 & 23 Vict. c. 35, and In re Clay v. Tetley, 16 Ch. D. 3, where it was decided that an administrator had no power to sell the estate by virtue of that section. Per HALL, V.C.:-"I cannot substitute the word 'representative' for 'executors." Compare this section with sect. 30 of the principal Act, where all trust and mortgage estates of inheritance vested solely in a person dying after the 31st December, 1881, shall, notwithstanding any testamentary disposition, vest in his personal representatives as chattels real, and may be dealt with by them as such.

(2.) A conveyance made under this section shall not affect the beneficial rights of any person claiming under any testamentary disposition or as heir or next of kin of a testator or intestate.

It will be observed that by sub-sect. 2 a conveyance made under this section shall not affect the beneficial rights of any person claiming under any testamentary disposition or as heir or next of kin of a testator or intestate. As to questions relating to such rights, see Dart's V. & P., 5th Edit. 262.

(3.) This section applies only in cases of death after the commencement of this Act.

Discharge of Incumbrances on Sale.

5.-(1.) Where land subject to any incum- Provision brance, whether immediately payable or not, is by court

for incum

brances, and sale

freed

Sect. 5. sold by the Court, or out of Court, the Court may, if it thinks fit, on the application of any party to the sale, direct or allow payment into therefrom. Court, in case of an annual sum charged on the land, or of a capital sum charged on a determinable interest in the land, of such amount as, when invested in Government securities, the Court considers will be sufficient, by means of the dividends thereof, to keep down or otherwise provide for that charge, and in any other case of capital money charged on the land, of the amount sufficient to meet the incumbrance and any interest due thereon; but in either case there shall also be paid into court such additional amount as the court considers will be sufficient to meet the contingency of further costs, expenses, and interest, and any other contingency, except depreciation of investments, not exceeding one-tenth part of the original amount to be paid in, unless the Court for special reason thinks fit to require a larger additional amount.

Discharge

The Court has power under this section, on the applicaof incum- tion of any party to a sale, to direct payment into Court of brances on the amount of any incumbrance or charge on the land sold. As to the definition of the word "incumbrance," see ante, sect. 2 (vii).

sale.

The meaning of "the Court" is explained as to land in England by sect. 2 (xviii), and sect. 69, sub-sect. 1; as to land in the County Palatine of Lancaster by sect. 69, subsect. 9; and as to land in Ireland by sect. 72, sub-sect. 2.

The term "government securities" is defined in sect. 3 of the Court of Chancery (Funds) Act, 1872, as meaning any annuities, exchequer bonds, exchequer bills, and other parliamentary securities of the government of the United Kingdom.

(2.) Thereupon, the Court may, if it thinks fit, Sect. 5. and either after or without any notice to the incumbrancer, as the Court thinks fit, declare the land to be freed from the incumbrance, and make any order for conveyance, or vesting order, proper for giving effect to the sale, and give directions for the retention and investment of the money in Court.

brancers.

Sub-sect. 2 confers on the Court a discretionary power, Notice to without giving any previous notice to the incumbrancer, to incumfree the land for the purposes of sale and to make any order for conveyance, or vesting order, although, it is anticipated, the Court will in practice always require notice to be given to the incumbrancer to attend when the amount to be paid into Court is determined.

An application to the court must be by summons at chambers; see sect. 69, sub-sect. 3.

(3.) After notice served on the persons interested in or entitled to the money or fund in Court, the Court may direct payment or transfer thereof to the persons entitled to receive or give a discharge for the same, and generally may give directions respecting the application or distribution of the capital or income thereof.

(4.) This section applies to sales not completed at the commencement of this Act, and to sales thereafter made.

General Words.

6.-(1.) A conveyance of land shall be deemed General to include and shall by virtue of this Act operate convey

words in

to convey, with the land, all buildings, erections, ances of

land,

or manor.

Sect. 6. fixtures, commons, hedges, ditches, fences, ways, waters, watercourses, liberties, privileges, easebuildings, ments, rights, and advantages whatsoever, appertaining or reputed to appertain to the land, or any part thereof, or at the time of conveyance demised, occupied, or enjoyed with, or reputed or known as part or parcel of or appurtenant to the land or any part thereof.

General words.

Every conveyance made after the commencement of this Act will, unless a contrary intention is expressed, include the rights and easements enumerated in this section. The general words implied in this section for the different descriptions of property comprise those usually inserted in ordinary conveyances, with the important omission in subMines and sects. 1 and 2 of the words "quarries, mines, and minerals." It will probably be deemed advisable to add these words if they are intended to be included in the conveyance (Dennison v. Halladay, 5 W. R. Exch. 357), or to expressly reserve them if such is the intention. And it is thought that this omission may to some extent prevent the complete adoption of the forms of general words contained in sub-sects. 1 and 2.

minerals.

Easements and

As to the importance of inserting the words "now used, occupied, and enjoyed," see Brett v. Clowser, 5 C. P. D. 376. Additional words were not required to be inserted in a privileges. Conveyance to pass easements and privileges legally appurtenant to property. But easements and privileges used or enjoyed with or reputed to appertain to property without being legally appurtenant will not pass by an ordinary conveyance without being expressly included. (Dav. Conv. I. 4th Edit. 92.)

Intention It is to be observed that if it is intended to adopt another to exclude. form of general words the operation of this section must be expressly excluded from the conveyance, otherwise the statutory words will be implied and read in conjunction with the form of general words inserted in the convey

ance.