XII.-CONSTRUCTION AND EFFECT of Deeds AND OTHER INSTRUMENTS. 44 & 45 Vict. c. 41, s. 49. 49.-(1.) It is hereby declared that the use of the word grant Use of word is not necessary in order to convey tenements or hereditaments, grant uncorporeal or incorporeal. (2.) This section applies to conveyances made before or after the commencement of this act. necessary. 50.-(1.) Freehold land, or a thing in action, may be conveyed Conveyance by a person to himself jointly with another person, by the like by a person to himself, means by which it might be conveyed by him to another &c. person; and may, in like manner, be conveyed by a husband to his wife, and by a wife to her husband, alone or jointly with another person. (2.) This section applies only to conveyances made after the commencement of this act (w). (w) According to the old common law, a person could not convey or assign real or personal estate to himself and another. As regards freeholds, this inconvenience was avoided by means of the Statute of Uses (See Williams' Real Property, p. 198, 14th ed.) Sect. 21 of 22 & 23 Vict. c. 35 (ante, p. 549), gave power to a person to assign to himself and another "personal property now by law assignable including chattels real." The power did not include choses in action which were not then assignable (Williams' Personal Property, p. 4, 12th ed.) A similar power has now been extended to freeholds and things in action by the above section. As to M. W. P. Act, 1882, ante, p. 325. in fee or in 51.—(1.) In a deed it shall be sufficient, in the limitation of Words of an estate in fee simple, to use the words in fee simple, without limitation the word heirs; and in the limitation of an estate in tail, to use tail. the words in tail without the words heirs of the body; and in the limitation of an estate in tail male or in tail female, to use the words in tail male, or in tail female, as the case requires, without the words heirs male of the body, or heirs female of the body. (2.) This section applies only to deeds executed after the commencement of this act. 52.-(1.) A person to whom any power, whether coupled with Powers an interest or not, is given may by deed release, or contract not simply to exercise, the power. (2.) This section applies to powers created by instruments coming into operation either before or after the commencement of this act (x). (x) Before this act powers simply collateral could not be released, but powers appendant or in gross might be (See ante, p. 296; Farwell on Powers, 10 et seq.; Re Radcliffe, Radcliffe v. Bewes, 1892, 1 Ch. 231). Any power may now be released under the above section, and may be disclaimed under sect. 6 of the Conv. Act, 1882, post, p. 630. The power to release, however, does not apply to powers given by the S. L. Act, 1882 (S. L. Act, 1882, sect. 50, post, p. 705). Nor does it apply to a power coupled with a duty (Re Eyre, Eyre v. Eyre, 49 L. T. 259; see Saul v. Pattinson, 54 L. T. 670; 55 L. J. Ch. 831). collateral. 44 & 45 Vict. As to the release of a power of appointing among children or c. 41, s. 52. issue, see Cunynghame v. Thurlow (1 R. & M. 436, n.); Smith v. Construction of supplemental or annexed deed. Receipt in deed sufficient. Receipt in deed or indorsed, evidence for subsequent purchaser. Receipt in deed or indorsed, payment to solicitor. Houblon (26 Beav. 482); Horner v. Swan (T. & R. 430); Re Little, Harrison v. Harrison (40 Ch. D. 418). In a case since the Conv. Act, 1881, where a father released a power of appointment, in default of the exercise of which his children took equally, he was held absolutely entitled to the share of a deceased child (Shirley v. Fisher, 47 L. T. 109). In a similar case the release was held valid by the C. A. and the father was held entitled, on surrendering his life interest, to have the child's share transferred to him (Re Radcliffe, Radcliffe v. Bewes, 1892, 1 Ch. 227). 53. (1.) A deed expressed to be supplemental to a previous deed, or directed to be read as an annex thereto, shall, as far as may be, be read and have effect as if the deed so expressed or directed were made by way of indorsement on the previous deed, or contained a full recital thereof. (2.) This section applies to deeds executed either before or after the commencement of this act. 54.-(1.) A receipt for consideration money or securities in the body of a deed shall be a sufficient discharge for the same to the person paying or delivering the same, without any further receipt for the same being indorsed on the deed. (2.) This section applies only to deeds executed after the commencement of this act. 55.-(1.) A receipt for consideration money or other consideration in the body of a deed or indorsed thereon shall in favour of a subsequent purchaser, not having notice that the money or other consideration thereby acknowledged to be received was not in fact paid or given, wholly or in part, be sufficient evidence of the payment or giving of the whole amount thereof. (2.) This section applies only to deeds executed after the commencement of this act (y). (y) A mortgagor who had executed a deed containing a receipt for the full amount named therein could only redeem from a transferee without notice, on payment of the full amount, though a less sum was really due on the mortgage (Saunders v. Kent, 1885, W. N. 147; see Bickerton v. Walker, 31 Ch. D. 151; Gordon v. James, 30 Ch. Div. 249). 56.-(1.) Where a solicitor produces a deed, having in the body thereof or indorsed thereon a receipt for consideration authority for money or other consideration, 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. (2.) This section applies only in cases where consideration is to be paid or given after the commencement of this act (z). (z) This section, which had been held not to extend to the case of trustees selling (Re Bellamy and Metropolitan Board, 24 Ch. Div. 387), has now been extended to them (Trustee Act, 1888, s. 2). The solicitor producing the deed must be a solicitor acting for the payee (Day v. Woolwich Society, 40 Ch. Div. 491; see Gordon v. James, 30 Ch. Div. 256). The fact of a deed being in the office of a solicitor is not equivalent to its production (Day v. Woolwich Society, sup.) 44 & 45 Vict. c. 41, s. 56. Fourth 57. Deeds in the form of and using the expressions in the Sufficiency forms given in the fourth schedule to this act, or in the like of forms in form or using expressions to the like effect, shall, as regards Schedule. form and expression in relation to the provisions of this act, be sufficient. 58. (1.) A covenant relating to land of inheritance, or de- Covenants to volving on the heir as special occupant, shall be deemed to be bind heirs, &c. made with the covenantee, his heirs and assigns, and shall have effect as if heirs and assigns were expressed. (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. (3.) This section applies only to covenants made after the commencement of this act. 59. (1.) A covenant, and a contract under seal, and a bond Covenants to or obligation under seal, though not expressed to bind the heirs, extend to shall operate in 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. (2.) This section extends to a covenant implied by virtue of this act. (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. covenant with 60. (1.) A covenant, and a contract under seal, and a bond Effect of or obligation under seal, made with two or more jointly, to pay two or more money or to make a conveyance, or to do any other act, to jointly. 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, the survivor or survivors of them, and to, or for the benefit of, any other person to whom the right to sue on the covenant, contract, bond, or obligation devolves. (2.) This section extends to a covenant implied by virtue of this act. (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, 44 & 45 Vict. contract, bond, or obligation, and to the provisions therein c. 41, s. 60. Effect of ad account, &c. contained. (4.) This section applies only to a covenant, contract, bond, or obligation made or implied after the commencement of this act. 61. (1.) Where in a mortgage, or an obligation for payment vance on joint 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. Grants of (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. (3.) This section applies only to a mortgage, or obligation, or transfer made after the commencement of this act (a). (a) The old joint account clause was usually inserted in the case of trustees investing on mortgages, and as between the trustees and a purchaser from them, or the mortgagor, the court refused to go behind the clause (Re Harman & Uxbridge R. Co., 24 Ch. D. 726). As between the mortgagces inter se, the court has gone behind the clause, and on the evidence held the mortgagees to be tenants in common (Re Jackson, Smith v. Sibthorpe, 34 Ch. D. 732). 62.-(1.) A conveyance of freehold land to the use that easements, &c. any person may have, for an estate or interest not exceeding in by way of use. duration the estate 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. Provision for &c. (2.) This section applies only to conveyances made after the commencement of this act. 63.-(1.) Every conveyance shall, by virtue of this act, be all the estate, 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 44 & 45 Viet. same. (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. c. 41, s. 63. covenants. 64. In the construction of a covenant or proviso, or other Construction provision, implied in a deed by virtue of this act, words of implied importing the 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. XIII.-LONG TERMS. long term into 65.-(1.) Where a residue unexpired of not less than two Enlargement hundred years of a term, which, as originally created, was for of residue of not less than three hundred years, is subsisting in land, whether fee simple. being the whole land originally comprised in the term, or part only thereof, without any trust or right of redemption affecting the term in favour of the freeholder, or other person entitled in reversion expectant on the term, and without any rent, or with merely a peppercorn rent or other rent having no money value, incident to the reversion, or having had a rent, not being merely a peppercorn rent or other rent having no money value, originally so incident, which subsequently has been released, or has become barred by lapse of time, or has in any other way ceased to be payable, then the term may be enlarged into a fee simple in the manner, and subject to the restrictions, in this section provided. (2.) Each of the following persons (namely): (ii.) Any person being in receipt of income as trustee, in (iii.) Any person in whom, as personal representative of any deceased person, the term is vested, whether subject to any incumbrance or not; shall, as far as regards the land to which he is entitled, or in which he is interested, in right of the term, in any such character as aforesaid, have power by deed to declare to the effect that, |