convey as beneficial owner or not, shall be deemed Sect. 7. to convey and to be expressed to convey as beneficial owner the subject matter so conveyed by his direction; and a covenant on his part shall be implied accordingly.

(3.) Where a wife conveys and is expressed to convey as beneficial owner, and the husband also conveys and is expressed to convey as beneficial owner, then, within this section, the wife shall be deemed to convey and to be expressed to convey by direction of the husband, as beneficial owner; and, in addition to the covenant implied on the part of the wife, there shall also be implied, first, a covenant on the part of the husband as the person giving that direction, and secondly, a covenant on the part of the husband in the same terms as the covenant implied on the part of the wife.

(4.) Where in a conveyance a person conveying is not expressed to convey as beneficial owner, or as settlor, or as trustee, or as mortgagee, or as personal representative of a deceased person, or as committee of a lunatic so found by inquisition, or under an order of the court, or by direction of a person as beneficial owner, no covenant on the part of the person conveying shall be, by virtue of this section, implied in the conveyance.

(5.) In this section a conveyance includes a deed conferring the right to admittance to copyhold or customary land, but does not include a demise by way of lease at a rent, or any customary assurance, other than a deed, conferring the right to admittance to copyhold or customary land.

Sect. 7.

Benefit of implied covenant.

(6.) The benefit of a covenant implied as aforesaid shall be annexed and incident to, and shall go with, the estate or interest of the implied covenantee, and shall be capable of being enforced by every person in whom that estate or interest is, for the whole or any part thereof, from time to time vested.

The benefit of an implied covenant runs with the land. Roach v. Wadham, 6 East 289.

The purchaser on a sale of leaseholds either by the original lessee or by an assignee, who has entered into a covenant with a prior owner, is under an obligation to enter into a covenant for payment of rent and performance of covenants and indemnity. Moule v. Garrett, L. R. 7 Exch. 101; Pember v. Mathers, 1 Bro. C. C. 52; Dart's V. & P. 4th Edit. 511.

This covenant is not included in the implied covenants set out in this section and therefore should be inserted in the conveyance for the vendor's protection.

(7.) A covenant implied as aforesaid may be varied or extended by deed, and, as so varied or extended, shall, as far as may be, operate in the like manner, and with all the like incidents, effects, and consequences, as if such variations or extensions were directed in this section to be implied.

Implied covenants may be varied or extended, but when they are once implied (sub-sect. 4) they will not be excluded by a proviso which is in terms wholly repugnant to that covenant. Williams v. Hathaway, 6 Ch. D. 544.

(8.) This section applies only to conveyances

made after the commencement of this Act.

Execution of Purchase Deed.

Sect. 8.

as to exe

8.-(1.) On a sale, the purchaser shall not be Rights of entitled to require that the conveyance to him be purchaser executed in his presence, or in that of his solicitor, cution. as such; but shall be entitled to have, at his own cost, the execution of the conveyance attested by some person appointed by him, who may, if he thinks fit, be his solicitor.

The general rule that a purchaser might in the absence of special circumstances insist upon the vendor's executing the conveyance in his presence or in that of his solicitor is broken through by this section. Viney v. Chaplin, 2 De G. & J. 468; Essex v. Daniell, L. R. 10 C. P. 538.

The object of this section is to protect a vendor, residing at some distance from the place of completion, from the expense and inconvenience which would be incurred by his attending the execution of the conveyance.

As to the execution of a deed under a power of attorney, see post, sect. 46; as to authority for payment of consideration money to vendor's solicitor, see post, sect. 56.

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

Production and Safe Custody of Title Deeds.

9.—(1.) Where a person retains possession of Acknowdocuments, and gives to another an acknowledg- of right ledgment ment in writing of the right of that other to to production, and production of those documents, and to delivery undertakof copies thereof (in this section called an acknow- ing for ledgment), that acknowledgment shall have effect as in this section provided.

This appears to be one of the most comprehensive sections in the Act. The acknowledgment and under

safe cus

tody of docu

ments.

Note to taking must be in writing (sect. 2 (xvi.)), but apparently it is S.9 ss. 1. not necessary that it should be by deed. A form of acknowledgment and undertaking is given in Form iii. of the Fourth Schedule to this Act. If the acknowledgment is not inserted in the deed but is by a separate document it will ledgment. be advisable to stamp it as an agreement.

Stamp on acknow

Applica

An application to the Court under sub-sect. 7, for protion to the duction of documents, is to be made by summons in chambers. (Sect. 69.)

court.

Posses

sion or control.

(2.) An acknowledgment shall bind the documents to which it relates in the possession or under the control of the person who retains them, and in the possession or under the control of every person having possession or control thereof from time to time, but shall bind each individual possessor or person as long only as he has possession or control thereof; and every person so having possession or control from time to time shall be bound specifically to perform the obligations imposed under this section by an acknowledgment, unless prevented from so doing by fire or other inevitable accident.

The words "in the possession or under the control" may be compared with the expression referring to documents "not in the vendor's possession" (sect. 3, sub-sect. 6); and with the expression "documents in the custody or power of the mortgagee" (sect. 16, sub-sect. 1). These words occur in the Debtors Act, 1869 (32 & 33 Vict. c. 62), s. 4, and were discussed in Middieion v Chichester, L. R. 6 Ch. 152.

(3.) The obligations imposed under this section by an acknowledgment are to be performed from time to time at the request in writing of the person to whom an acknowledgment is given, or of any person, not being a lessee at a rent,

having or claiming any estate, interest, or right Sect. 9. through or under that person, or otherwise becoming through or under that person interested in or affected by the terms of any document to which the acknowledgment relates.

(4.) The obligations imposed under this section by an acknowledgment are—

(i.) An obligation to produce the documents or any of them at all reasonable times for the purpose of inspection, and of comparison with abstracts or copies thereof, by the person entitled to request production or by any one by him authorized in writing; and

(ii.) An obligation to produce the documents or any of them at any trial, hearing, or examination in any court, or in the execution of any commission, or elsewhere in the United Kingdom, on any occasion on which production may properly be required, for proving or supporting the title or claim of the person entitled to request production, or for any other purpose relative to that title or claim; and

(iii.) An obligation to deliver to the person entitled to request the same true copies or extracts, attested or unattested, of or from the documents or any of them.

(5.) All costs and expenses of or incidental to the specific performance of any obligation im