44 & 45 Vict. from and after the execution of the deed, the term shall be c. 41, s. 65. enlarged into a fee simple. (3.) Thereupon, by virtue of the deed and of this act, the term shall become and be enlarged accordingly, and the person in whom the term was previously vested shall acquire and have in the land a fee simple instead of the term. (4.) The estate in fee simple so acquired by enlargement shall be subject to all the same trusts, powers, executory limitations over, rights, and equities, and to all the same covenants and provisions relating to user and enjoyment, and to all the same obligations of every kind, as the term would have been subject to if it had not been so enlarged. (5.) But where any land so held for the residue of a term has been settled in trust by reference to other land, being freehold land, so as to go along with that other land as far as the law permits, and, at the time of enlargement, the ultimate beneficial interest in the term, whether subject to any subsisting particular estate or not, has not become absolutely and indefeasibly vested in any person, then the estate in fee simple acquired as aforesaid shall, without prejudice to any conveyance for value previously made by a person having a contingent or defeasible interest in the term, be liable to be, and shall be, conveyed and settled in like manner as the other land, being freehold land, aforesaid, and until so conveyed and settled shall devolve beneficially as if it had been so conveyed and settled. (6.) The estate in fee simple so acquired shall, whether the term was originally created without impeachment of waste or not, include the fee simple in all mines and minerals which at the time of enlargement have not been severed in right, or in fact, or have not been severed or reserved by an inclosure act or award. (7.) This section applies to every such term as aforesaid subsisting at or after the commencement of this act (b). (b) A rent of three shillings has been held to be a rent "having money value" (Re Smith and Stott (29 Ch. D. 1009, n.), but not a rent of one silver penny (Re Chapman and Hobbs, 29 Ch. D. 1007). As to the terms to which the section applies, see Conv. Act, 1882, s. 11 (post, p. 632). Protection of solicitor and trustees adopting act. XIV.-ADOPTION OF ACT. 66.-(1.) It is hereby declared that the powers given by this act to any person, and the covenants, provisions, stipulations, and words which under this act are to be deemed included or implied in any instrument, or are by this act made applicable to any contract for sale or other transaction, are and shall be deemed in law proper powers, covenants, provisions, stipulations, and words, to be given by or to be contained in any such instrument, or to be adopted in connexion with, or applied to, any such contract or transaction; and a solicitor shall not be deemed 44 & 45 Vict. guilty of neglect or breach of duty, or become in any way liable, c. 41, s. 66. by reason of his omitting, in good faith, in any such instrument, or in connexion with any such contract or transaction, to negative the giving, inclusion, implication, or application of any of those powers, covenants, provisions, stipulations, or words, or to insert or apply any others in place thereof, in any case where the provisions of this act would allow of his doing so. (2.) But nothing in this act shall be taken to imply that the insertion in any such instrument, or the adoption in connexion with, or the application to, any contract or transaction, of any further or other powers, covenants, provisions, stipulations, or words is improper. (3.) Where the solicitor is acting for trustees, executors, or other persons in a fiduciary position, those persons shall also be protected in like manner. (4.) Where such persons are acting without a solicitor, they shall also be protected in like manner. XV.-MISCELLANEOUS. 67.-(1.) Any notice required or authorized by this act to be Regulations served shall be in writing. respecting notice. (2.) Any notice required or authorized by this act to be served on a lessee or mortgagor shall be sufficient, although only addressed to the lessee or mortgagor by that designation, without his name, or generally to the persons interested, without any name, and notwithstanding that any person to be affected by the notice is absent, under disability, unborn, or unascertained. (3.) Any notice required or authorized by this act to be served shall be sufficiently served if it is left at the last-known place of abode or business in the United Kingdom of the lessee, lessor, mortgagee, mortgagor, or other person to be served, or, in case of a notice required or authorized to be served on a lessee or mortgagor, is affixed or left for him on the land or any house or building comprised in the lease or mortgage, or, in case of a mining lease, is left for the lessee at the office or counting-house of the mine. (4.) Any notice required or authorized by this act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned through the post-office undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered. (5.) This section does not apply to notices served in proceedings in the court. Regulations respecting payments into court and applications. 68. The act described in Part II. of the first schedule to this act shall, by virtue of this act, have the short title of the Statutory Declarations Act, 1835, and may be cited by that short title in any declaration made for any purpose under or by virtue of that act, or in any other document, or in any act of parliament. XVI.-COURT; PROCEDURE; Orders. 69.-(1.) All matters within the jurisdiction of the court under this act shall, subject to the acts regulating the court, be assigned to the Chancery Division of the court. (2.) Payment of money into court shall effectually exonerate therefrom the person making the payment. (3.) Every application to the court shall, except where it is otherwise expressed, be by summons at chambers (c). (4.) On an application by a purchaser notice shall be served in the first instance on the vendor. (5.) On an application by a vendor notice shall be served in the first instance on the purchaser. (6.) On any application notice shall be served on such persons, if any, as the court thinks fit. (7.) The court shall have full power and discretion to make such order as it thinks fit respecting the costs, charges, or expenses of all or any of the parties to any application. (8.) General rules for purposes of this act shall be deemed 39 & 40 Vict. rules of court within section seventeen of the Appellate Jurisdiction Act, 1876, and may be made accordingly. c. 59, s. 17. Orders of court conclusive. (9.) The powers of the court may, as regards land in the County Palatine of Lancaster, be exercised also by the Court of Chancery of the County Palatine; and rules for regulating proceedings in that court shall be from time to time made by the chancellor of the Duchy of Lancaster, with the advice and consent of a judge of the High Court acting in the Chancery Division, and of the vice-chancellor of the County Palatine (d). (10.) General rules, and rules of the Court of Chancery of the County Palatine, under this act may be made at any time after the passing of this act, to take effect on or after the commenceof this act. (c) See Re Lillwall, 1882, W. N. 6; 30 W. R. 243. (d) Under 52 & 53 Vict. c. 47, s. 10, the powers of the court may be exercised by the Palatine Court of Durham. 70.-(1.) An order of the court under any statutory or other jurisdiction shall not as against a purchaser, be invalidated on the ground of want of jurisdiction, or of want of any concurrence, consent, notice, or service, whether the purchaser has notice of any such want or not. (2.) This section shall have effect with respect to any lease, sale, or other act under the authority of the court, and purporting c. 41, s. 70. to be in pursuance of the Settled Estates Act, 1877, notwith- 44 & 45 Vict. standing the exception in section forty of that act, or to be in pursuance of any former act repealed by that act, notwithstand- 40 & 41 Vict. ing any exception in such former act. (3.) This section applies to all orders made before or after the commencement of this act, except any order which has before the commencement of this act been set aside or determined to be invalid on any ground, and except any order as regards which an action or proceeding is at the commencement of this act pending for having it set aside or determined to be invalid (e). (e) An order will be conclusive even where the blot appears on the face of it (Re Hall Dare, 21 Ch. D. 41). c. 18, s. 40. XVII.-REPEALS. 71. (1.) The enactments described in Part III. of the second Repeal of schedule to this act are hereby repealed. enactments in Part III. of (2.) The repeal by this act of any enactment shall not affect Second the validity or invalidity, or any operation, effect, or consequence, Schedule; of any instrument executed or made, or of anything done or restriction on all repeals. suffered, before the commencement of this act, or any action, proceeding, or thing then pending or uncompleted; and every such action, proceeding, and thing may be carried on and completed as if there had been no such repeal in this act; but this provision shall not be construed as qualifying the provision of this act relating to section forty of the Settled Estates Act, 1877, or any former act repealed by that act (ƒ). (f) Where a mortgage was made prior to 1882, the mortgagee can still exercise the powers given by 23 & 24 Vict. c. 145 (Re Solomon and Meagher, 40 Ch. D. 508). XVIII.-IRELAND. respecting Ireland. 72.-(1.) In the application of this act to Ireland the fore- Modifications going provisions shall be modified as in this section provided. (2.) The court shall be Her Majesty's High Court of Justice in Ireland. (3.) All matters within the jurisdiction of that court shall, subject to the acts regulating that court, be assigned to the Chancery Division of that court; but general rules under this act may direct that any of those matters be assigned to the land judges of that Division. (4.) The proper office of the Supreme Court of Judicature in Ireland shall be substituted for the central office of the Supreme Court of Judicature. (5.) General rules for purposes of this act for Ireland shall be deemed rules of court within the Supreme Court of Judicature 40 & 41 Vict. c. 57, s. 69. c. 41, s. 72. 44 & 45 Vict. Act (Ireland), 1877, and may be made accordingly, at any time after the passing of this act, to take effect on or after the commencement of this act. Death of bare tate, &c. 73.-(1.) Section five of the Vendor and Purchaser Act, 1874, trustee intes- is hereby repealed from and after the commencement of this act, as regards cases of death thereafter happening; and section seven of the Vendor and Purchaser Act, 1874, is hereby repealed as from the date at which it came into operation. (2.) This section extends to Ireland only. 37 & 38 Vict. c. 78. SCHEDULES. THE FIRST SCHEDULE. ACTS AFFECTED. PART I. (g). 1 & 2 Vict. c. 110.-An act for abolishing arrest on mesne process in civil actions, except in certain cases; for extending the remedies of creditors against the property of debtors; and for amending the laws for the relief of insolvent debtors in England. 2 & 3 Vict. c. 11.-An act for the better protection of purchasers against judgments, crown debts, lis pendens, and fiats in bankruptcy. 18 & 19 Vict. c. 15.-An act for the better protection of purchasers against judgments, crown debts, cases of lis pendens, and life annuities or rentcharges. 22 & 23 Vict. c. 35.-An act to further amend the law of property and to relieve trustees. 23 & 24 Vict. c. 38.-An act to further amend the law of property. 23 & 24 Vict. c. 115.—An act to simplify and amend the practice as to the entry of satisfaction on crown debts and on judgments. 27 & 28 Vict. c. 112.-An act to amend the law relating to future judgments, statutes, and recognizances. 28 & 29 Vict. c. 104.-The Crown Suits, &c. Act, 1865. 31 & 32 Vict. c. 54.-The Judgments Extension Act, 1868. PART II. (h). 5 & 6 Will. 4, c. 62.-An act to repeal an act of the present session of (g) See Conv. Act, 1882, sect. 2 (1), post, p. 627. |