beneficially entitled to the first estate of freehold at the 51 & 52 Vict. time of the creation of the land charge: (2.) In the case of copyhold land, in the name of the tenant on the court rolls at the time of the creation of the land charge. Provided that where the person by or on behalf of whom the application was made pursuant to which the land charge was created was beneficially entitled to a lease for lives or a life at a rent or to a term of years the land charge shall be registered also in the name of that person. c. 51, s. 10. 11. The expenses incurred by the person entitled to a land Expenses. charge created before the commencement of this act in causing the charge to be registered in the register of land charges shall be deemed to form part of such land charge, and shall be recoverable by him accordingly on the day for payment of any part of such land charge next after such expenses are incurred. against unre 12. A land charge created after the commencement of this Protection act shall be void as against a purchaser for value of the land of purchasers charged therewith, or of any interest in such land, unless and gistered until such land charge is registered in the register of land charges charges. in the manner mentioned in this act. charge exist 13. After the expiration of one year from the first assignment Non-regisby act inter vivos, occurring after the commencement of this act, tered land of a land charge created before the commencement of this act, ing at comthe person entitled thereto shall not be able to recover the same, mencement or any part thereof, as against a purchaser for value of the land of this act. charged therewith or of any interest in such land, unless such land charge is registered in the registry of land charges in the manner mentioned in this act prior to the completion of the purchase. 14. The registration of a land charge may be vacated pur- Vacation of suant to an order of the High Court of Justice or any judge entry. thereof. PART V.-SUPPLEMENTAL. 15. An alphabetical index in the prescribed form shall be kept Index to at the Office of Land Registry of all entries made in any register registers. kept at that office pursuant to this act. 16. Any person may search in any register or index kept in Searches. pursuance of this act on paying the prescribed fee (e). (e) See, generally, as to searches for judgments, writs, or orders, Elphinstone and Clark on Searches. 17. The provisions as to searches in the Central Office, requi- Official sitions, certificates, officers, clerks, persons, and for the protection searches. of solicitors, trustees, agents, and other persons in a fiduciary position contained in the second section to the Conveyancing Act, 45 & 46 Vict. 1882, except so much of those provisions as relates to the making c. 39. c. 51, s. 17. 51 & 52 Vict. of general rules, shall apply to searches in any register or index kept in pursuance of this act in the register of lis pendens, the register of deeds of arrangement affecting land, and the register of land charges, in the same manner as if this act had been 44 & 45 Vict. described in Part I. of the First Schedule to the Conveyancing and Law of Property Act, 1881. c. 41. General rules. 18. The Lord Chancellor may at any time after the passing of this act, and from time to time, with the concurrence of the Commissioners of her Majesty's Treasury as to fees, make such general rules as may be required for carrying this act into effect (ƒ). (f) The following rules have been issued : Rule 1.-The several registers established by the act shall contain the following particulars respectively, or such other particulars as the registrar shall from time to time determine : 1. The register of writs and orders shall contain: (a) The name, address, and description of the person whose land is affected. (b) The date and nature of the writ or order, and the court, and the action or matter, by and in which the writ or order was issued or made. (c) The date of registration, and of any renewal of registration. (d) The name and address of the applicant or of the solicitor (if any) making the application. 2. The register of deeds of arrangement shall contain: (a) The name, address, and description of the person whose land is affected. (b) The date of the deed and the names of the parties, provided that where the creditors are numerous it shall not be necessary to specify more than three. (c) The date of registration. (d) The name and address of the applicant or of the solicitor (if any) making the application. 3. The register of land charges shall contain: (a) The name, address, and description, and capacity (that is to say, whether (i.) beneficially entitled to the first estate of freehold; (ii.) tenant on the court rolls; or (iii.) beneficially entitled to a lease for lives or a life at a rent or for years) of the person in whose name the registration is made. (b) The date of the charge, the statute under which it is made, and the parish in which the land charged is situated. (c) The date of registration. (d) The name and address of the applicant or of the solicitor (if any) making the application. Rule 2.-Every application for registration shall, unless made by a solicitor, be supported by the statutory declaration of the applicant as to the truth of the particulars set forth in it. Rule 3.-The alphabetical index shall consist of the registers themselves, all entries in such registers being made alphabetically in the manner now used in the register of judgments in the Central Office of the High Court of Justice, or in such other manner as the registrar shall from time to time determine. Rule 4.-Application for registration, searches (official and otherwise), and official certificates shall be made on, and shall furnish the particulars set forth in, the several forms for those purposes given in the schedule hereto, or in such other forms as the registrar shall from time to time determine. Rule 5.-Forms shall be sold at the office of Land Registry. Rule 6.-Certificates of official searches shall be marked with the stamp of the Search Department of the Land Registry, and shall be issued as soon as possible after receipt of the applications. Rule 7.-In any case of modification or cancellation of entries on the register, such evidence in respect thereof as the registrar shall from time to time think necessary, shall be required. Rule 8.-These rules may be cited as the Land Charges Rules, 1889. For the forms and fees, see W. N. 12 Jan. 1889. AMENDMENT OF THE LAW OF REAL PROPERTY. 8 & 9 VICTORIÆ, CAP. 106. An Act to amend the Law of Real Property. [4th August, 1845.] [Sect. 1 repealed so much of 7 & 8 Vict. c. 76, as abolished contingent remainders. As to these remainders, see now 8 & 9 Vict. c. 106, s. 8, post, p. 490, and 40 & 41 Vict. c. 33, post, p. 491.] 8 & 9 Vict. c. 106. GRANT. 2. After the said first day of October, one thousand eight hundred and forty-five, all corporeal tenements and hereditaments shall, as regards the conveyance of the immediate freehold thereof, be deemed to lie in grant as well as in livery (a). The immediate freehold of corporeal tenements to lie in grant as well as in (a) A remainder, reversion, and incorporeal hereditaments were not the livery. subjects of a feoffment, for a feoffment operates on the possession which the owners of such estates had not to convey; hence remainders, reversions and incorporeal hereditaments were said to lie in grant, which was the mode of conveyance at the common law of those estates which did not lie in livery or of which livery could not be given. The object proposed by Object of this this section was to impart to corporeal hereditaments, that is, to heredita- section. ments which lie in livery only, the capacity of being transferred by deed. Prior to the passing of 4 & 5 Vict. c. 21, the usual mode of conveying 4 & 5 Vict. corporeal hereditaments was by lease for a year and re-lease, the lease c. 21. being executed for the purpose of giving to the purchaser that seisin without which the re-lease would have been ineffectual. The lease was rendered unnecessary by 4 & 5 Vict. c. 21. This section in effect substituted a grant for a re-lease (See Williams on Real Property, pp. 189, 196, 14th ed.) The word "grant" is not required in a deed of grant (Conv. Act, 1881, Conv. Act, s. 49, post). 1881. By the term immediate freehold is meant the first of all the estates of Immediate freehold; for example, when A. is tenant for life, remainder to B. for freehold. life, in tail or in fee, B. has an estate of freehold, but A. has the immediate freehold (1 Preston's Convey. 48). The latter part of the section relating to stamp duties was repealed by 13 & 14 Vict. c. 97, s. 6, and is accordingly omitted. 8 & 9 Vict. c. 106, s. 3. Feoffments, partitions, exchanges, ments and surrenders CERTAIN ACTS TO BE VOID UNLESS BY DEEd. 3. A feoffment, made after the said first day of October, one thousand eight hundred and forty-five, other than a feoffment made under a custom by an infant (b), shall be void at law, leases, assign- unless evidenced by deed, and a partition and an exchange (c) of any tenements or hereditaments not being copyhold, and a required (sub- lease, required by law to be in writing (d), of any tenements or ject to certain hereditaments, and an assignment of a chattel interest, not exceptions) to be by deed. being copyhold, in any tenements or hereditaments (e), and a surrender in writing (f) of an interest in any tenements or hereditaments, not being a copyhold interest, and not being an interest which might by law have been created without writing, made after the said first day of October, one thousand eight hundred and forty-five, shall also be void at law, unless made by deed: provided always, that the said enactment so far as the same relates to a release (g) or a surrender shall not extend to Ireland. Partition. Exchange. Leases. Result of present section. (b) By the custom of gavelkind an infant on attaining the age of fifteen years may alien lands by feoffment, livery of seisin being made in person and not by attorney (Robinson on Gayelkind, 248-250, 3rd ed.) (c) At common law coparceners might have made partition of things lying in livery or grant by parol without deed, and tenants in common might have made partition of things lying in livery by parol without deed, if they afterwards perfected the partition by livery of seisin (Litt. s. 250; Co. Litt. 169 a). So, too, joint tenants for years might have made partition by parol without deed (Co. Litt. 187 a). But joint tenants of freeholds, whether corporeal or incorporeal, and tenants in common of incorporeal hereditaments, could not have made partition without deed (Co. Litt. 169 a). Since the Statute of Frauds, 29 Car. 2, c. 3, a writing was in all cases necessary, but a deed was required only in cases in which it was necessary before that statute (1 Martin's Conv. by Davidson, 417, 418; 1 Byth. Conv. by Jarman, 193). As to the partitions of copyholds, see 4 & 5 Vict. c. 35, s. 85; Jope v. Marshead, 6 Beav. 213; Dillon v. Coppin, 4 Beav. 217, n.; Bolton v. Ward, 4 Hare, 530. An exchange since the Statute of Frauds, 29 Car. 2, c. 3, must, if it relate to land for a larger interest than a term of three years, be in writing, and if the things whereof the exchange is made lie in grant, i.e., if they consist of reversions, rents or other incorporeal hereditaments, or if they lie in several counties, it must be by deed (Co. Litt. 51 b). (d) By the Statute of Frauds every lease of corporeal hereditaments for a term exceeding three years from the making thereof, and for a less term where the rent did not amount to two-thirds of the value, was required to be in writing (29 Car. 2, c. 3, ss. 1, 2); but as a lease for years of corporeal hereditaments might be created by a writing not under seal, questions frequently arose whether an instrument relating to the creation of such an interest was an actual demise or an agreement for a future demise (See 5 Davidson's Conv. 7-13, 3rd ed.) The distinctions upon this subject had become very refined (1 Platt on Leases, 579-611). The result of the present section was that in all cases where writing had been previously required a lease was void at law unless made by deed. Even at law, however, the courts held (overruling Stratton v. Pettit, 16 C. B. 420), that an instrument void as a lease might be good as an agreement (Bond v. Rosling, 1 Best & Sm. 371; 30 L. J. Q. B. 227; see Rollason v. Leon, 7 H. & N. 73); so that an action could be brought against the intended tenant either for not accepting a lease (Ib.), or for not complying with a stipulation contained in the agreement (Martin v. Smith, L. R. 9 Ex. 50; Adams v. Clutterbuck, 10 Q. B. D. 403); or against the intended landlord for having no title to grant a lease (Stranks v. St. John, L. R. 2 C. P. 376). And in equity specific performance could be obtained of an agreement which was void at law as a lease (Parker v. Taswell, 2 De G. & J. 559). As regards the estate taken by a person entering under an instrument void under this act as a lease, it was settled at law (before the Jud. Act, 1873) that he held as tenant from year to year upon the terms of the instrument, so far as applicable to such a tenancy; the tenancy, being determinable, during the term mentioned in the instrument, by the usual half year's notice, but expiring without notice at the end of such term (Tress v. Savage, 4 Ell. & Bl. 36; see Lee v. Smith, 9 Exch. 662; Wood v. Beard, L. R. 2 Ex. D. 37). Since the Jud. Act, 1873, it has been held that a tenant holding under an agreement for a lease of which specific performance would be decreed, stands in the same position as if the lease had actually been granted (Walsh v. Lonsdale, 21 Ch. D. 9; Swain v. Ayres, 21 Q. B. Div. 289; Lowther v. Heaver, 41 Ch. Div. 264). But in such a case, if the value of the property exceed 5007., the county court, having no jurisdiction to order specific performance, cannot order payment of rent (Foster v. Reeves, 1892, 2 Q. B. 255). This provision as to leases did not apply to agreements for the lease of tolls under the General Turnpike Act, 3 Geo. 4, c. 126, s. 57 (Shepherd v. Hodsman, 18 Q. B. 316). 8 & 9 Vict. c. 106, s. 3. By 7 & 8 Vict. c. 76, s. 4 (in force from and after the 31st of December, Cases of 1844, and repealed by 8 & 9 Vict. c. 106, from the 1st of October, 1845), agreements it was enacted, that no lease in writing of any freehold, copyhold or lease- to let under hold land should be valid, unless the same should be made by deed, but 7 & 8 Vict. that any agreement in writing to let any such lands should be valid and c. 76, s. 4. take effect as an agreement to execute a lease (See Burton v. Revell, 16 M. & W. 307; Arden v. Sullivan, 19 L. J. Q. B. 268). A lease of incorporeal hereditaments must be under seal (Gardiner v. Williamson, 2 B. & Ad. 336; see Bird v. Higginson, 3 Ad. & El. 83; Holford v. Pritchard, 3 Exch. 793). (e) The Statute of Frauds required that all assignments of leases should Assignments. be by deed or note in writing, signed by the party assigning or his agent (29 Čar. 2, c. 3, s. 3). Where a person holding for a term of less than a year let by parol for the remainder of his term, the parol lease was held not to be an assignment but to bind the parties, who intended to create the relation of landlord and tenant, and to pass the interest by lease (Pollock v. Stacey, 9 Q. B. 1035; see Debenham v. Digby, 21 W. R. 359). (f) The Statute of Frauds required that every surrender should be by Surrenders. deed or note in writing duly signed (29 Car. 2, c. 3, s. 3). This section refers to a surrender in writing, and does not include a surrender by operation of law. As to what is a surrender by operation of law, see Lyon v. Read (13 M. & W. 305, 306); Kingston's Case (2 Smith, L. C. 917, 9th ed.) (g) The word "release" appears to be inserted by mistake instead of "lease." Every lease in Ireland required by law to be in writing, must be by deed (Gilman v. Crowley, 7 I. C. L. R. (N. S.) 557). OPERATION OF CERTAIN INSTRUMENTS LIMITED. 4. A feoffment, made after the said first day of October, one Feoffments thousand eight hundred and forty-five, shall not have any not to operate tortious operation (h); and an exchange or a partition of any exchanges or by wrong, nor tenements or hereditaments, made by deed, executed after partitions to the said first day of October, one thousand eight hundred and imply any forty-five, shall not imply any condition in law; and the condition, or word "give" or the word "grant," in a deed executed after the grant any same day, shall not imply any covenant in law, in respect of covenant. give and |