THE SECOND SCHEDULE.

REPEALS.

A description or citation of a portion of an act is inclusive of the words, section, or other part, first or last mentioned, or otherwise referred to as forming the beginning, or as forming the end, of the portion comprised in the description or citation.

PART I. (i).

22 & 23 Vict. c. 35 ... | An act to further amend the

in part.

law of property and to in part; namely,-
relieve trustees

Sections four to nine.

44 & 45 Vict.

c. 41.

day

now

THIS INDENTURE made by way of statutory mortgage the of 1882 between A. of [&c.] of the one part and M. of [&c.] of the other part WITNESSETH that in consideration of the sum of £ paid to A. by M. of which sum A. hereby acknowledges the receipt A. as mortgagor and as beneficial owner hereby conveys to M. All that [&c.] To hold to and to the use of M. in fee simple for securing payment on the day of 1883 of the principal sum of £ as the mortgage money with interest thereon at the rate of [four] per centum per annum. In witness &c.

** Variations in this and subsequent forms to be made, if required, for leasehold land, or other matter.

(m) See sect. 26 (1), ante,
p. 598.

44 & 45 Vict. c. 41.

the

PART II. (n).
(A.)

Deed of Statutory Transfer, Mortgagor not joining.

THIS INDENTURE made by way of statutory transfer of mortgage day of 1883 between M. of [&c.] of the one part and T. of [&c.] of the other part supplemental to an indenture made by way of statutory mortgage dated the day of 1882 and made between [&c.] WITNESSETH that in consideration of the sum of £ now paid to M. by T. being the aggregate amount of £ mortgage money and £ interest due in respect of the said mortgage of which sum M. hereby acknowledges the receipt M. as mortgagee hereby conveys and transfers to T. the benefit of the said mortgage.

In witness &c.

(B.)

Deed of Statutory Transfer, a Covenantor joining.

THIS INDENTURE made by way of statutory transfer of mortgage the day of 1883 between 4. of [&c.] of the first part B. of [&c.] of the second part and C. of [&c.] of the third part supplemental to an indenture made by way of statutory mortgage dated the

day of 1882 and made between [&c.] WITNESSETH that in consideration of the sum of £ now paid to A. by C. being the mortgage money due in respect of the said mortgage no interest being now due and payable thereon of which sum A. hereby acknowledges the receipt A. as mortgagee with the concurrence of B. who joins herein as covenantor hereby conveys and transfers to C. the benefit of the said mortgage.

In witness &c.

(C.)

Statutory Transfer and Statutory Mortgage combined.

day of

THIS INDENTURE made by way of statutory transfer of mortgage and statutory mortgage the 1883 between 4. of [&c.] of the first part B. of [&c.] of the second part and C. of [&c.] of the third part supplemental to an indenture made by way of statutory mortgage dated the day of 1882 and made between [&c.] WHEREAS the principal sum of £ only remains due in respect of the said mortgage as the mortgage money and no interest is now due and payable thereon AND WHEREAS B. is seised in fee simple of the land comprised in the said mortgage subject to that mortgage Now THIS INDENTURE WITNESSETH that in consideration of the sum of £ now paid to A. by C. of which sum A. hereby acknowledges the receipt and B. hereby acknowledges the payment and receipt as aforesaid* A. as mortgagee hereby conveys and transfers to C. the benefit of the said mortgage AND THIS INDENTURE ALSO WITNESSETH that for the same consideration A. as mortgagee and according to his estate and by direction of B. hereby conveys and B. as beneficial owner hereby conveys and confirms to C. All that [&c.] To hold to and to the use of C. in fee simple for securing payment on the day of 1882 off the sum of £ as the mortgage money with interest thereon at the rate of [four] per centum per annum.

In witness &c.

[Or, in case of further advance, after aforesaid at * insert and also in consideration of the further sum of £ now paid by C. to B. of which sum B. hereby acknowledges the receipt, and after of at † insert the sums of £ and £ making together]

Variations to be made, as required, in case of the deed being made by indorsement or in respect of any other thing.

(n) See sect. 27 (1), ante, p. 599.

PART III. (0)

Deed of Statutory Re-conveyance of Mortgage.

day of

THIS INDENTURE made by way of statutory re-conveyance of mortgage the day of 1884 between C. of [&c.] of the one part and B. of [&c.] of the other part supplemental to an indenture made by way of statutory transfer of mortgage dated the 1883 and made between [&c.] WITNESSETH that in consideration of all principal money and interest due under that indenture having been paid of which principal and interest C. hereby acknowledges the receipt C. as mortgagee hereby conveys to B. all the lands and hereditaments now vested in C. under the said indenture To hold to and to the use of B. in fee simple discharged from all principal money and interest secured by and from all claims and demands under the said indenture.

between A. of [&c.] of the one part and B. of [&c.] and C. of [&c.] of the
other part WITNESSETH that in consideration of the sum of £ paid
to A. by B. and C. out of money belonging to them on a joint account of
which sum A. hereby acknowledges the receipt 4. hereby covenants with
B. and C. to pay to them on the day of
1882 the sum of £
with interest thereon in the meantime at the rate of [four] per centum
per annum and also as long after that day as any principal money remains
due under this mortgage to pay to B. and C. interest thereon at the same
rate by equal half-yearly payments on the
day of
and the
day of
AND THIS INDENTURE ALSO WITNESSETH that for the
same consideration A. as beneficial owner hereby conveys to B. and C.
All that [&c.] To hold to and to the use of B. and C. in fee simple
subject to the proviso for redemption following (namely) that if A. or any
person claiming under him shall on the day of 1882 pay to B.
and C. the sum of £
and interest thereon at the rate aforesaid then
B. and C. or the persons claiming under them will at the request and cost
of A. or the persons claiming under him re-convey the premises to A. or
the persons claiming under him And A. hereby covenants with B. as
follows [here add covenant as to fire insurance or other special covenant
required].

In witness, &c.

II.-Further Charge.

THIS INDENTURE made the

day of

day of

18 between [the same parties as the foregoing mortgage] and supplemental to an indenture of mortgage dated the 18 and made between the same parties for securing the sum of £ and interest at [four] per centum per annum on property at [&c.] WITNESSETH that in consideration of the further sum of £ paid to A. by B. and C. out of money belonging to them on a joint account [add receipt and covenant as in the foregoing mortgage] and further that all the property comprised in the beforementioned indenture of mortgage shall stand charged with the payment to B. and C. of the sum of £ and the interest thereon herein before and interest secured

covenanted to be paid as well as the sum of £ by the same indenture.

In witness, &c.

S.

SS

44 & 45 Vict.

c. 41.

44 & 45 Vict. c. 41.

III.-Conveyance on Sale.

THIS INDENTURE made the day of 1883 between A. of [&c.] of the first part B. of [&c.] and C. of [&c.] of the second part and M. of [&c.] of the third part WHEREAS by an indenture dated [&c.] and made between [&c.] the lands hereinafter mentioned were conveyed by A. to B. and C. in fee simple by way of mortgage for securing £ and interest and by a supplemental indenture dated [&c.] and made between the same parties those lands were charged by A. with the payment to B. and C. of the further sum of £ and interest thereon AND WHEREAS a principal sum of £ remains due under the two before-mentioned indentures but all interest thereon has been paid as B. and C. hereby acknowledge NOW THIS INDENTURE WITNESSETH that in consideration of the sum of £ paid by the direction of A. to B. and C. and of the sum of £ paid to 4. those two sums making together the total sum of £ paid by M. for the purchase of the fee simple of the lands hereinafter mentioned of which sum of £ B. and C. hereby acknowledge the receipt and of which total sum of £ A. hereby acknowledges the payment and receipt in manner before-mentioned B. and C. as mortgagees and by the direction of A. as beneficial owner hereby convey and A. as beneficial owner hereby conveys and confirms to M. All that [&c.] To hold to and to the use of M. in fee simple discharged from all money secured by and from all claims under the before-mentioned indentures [Add if required, And A. hereby acknowledges the right of M. to production of the documents of title mentioned in the Schedule hereto and to delivery of copies thereof and hereby undertakes for the safe custody thereof.]

In witness, &c.

[The Schedule above referred to. To contain list of documents retained by A.]

IV.-Marriage Settlement.

THIS INDENTURE made the

day of

1882 between John M.

of [&c.] of the first part Jane S. of [&c.] of the second part and X. of [&c.]
and Y. of [&c.] of the third part WITNESSETH that in consideration of
the intended marriage between John M. and Jane S. John M. as settlor
hereby conveys to X. and Y. All that [&c.] To hold to X. and Y. in fee
simple to the use of John M. in fee simple until the marriage
and after the marriage to the use of John M. during his life without
impeachment of waste with remainder after his death to the use
that Jane S. if she survives him may receive during the rest of her
life a yearly jointure rentcharge of £
to commence from his
death and to be paid by equal half-yearly payments the first thereof
to be made at the end of six calendar months from his death if she is then
living or if not a proportional part to be paid at her death and subject to
the before-mentioned rentcharge to the use of X. and Y. for a term of five
hundred years without impeachment of waste on the trusts hereinafter
declared and subject thereto to the use of the first and other sons of
John M. and Jane S. successively according to seniority in tail male with
remainder [insert here, if thought desirable, to the use of the same first and
other sons successively according to seniority in tail with remainder] to
the use of all the daughters of John M. and Jane S. in equal shares as
tenants in common in tail with cross remainders between them in tail with
remainder to the use of John M. in fee simple [Insert trusts of term of
500 years for raising portions; also, if required, power to charge jointure and
portions on a future marriage; also powers of sale, exchange, and partition,
and other powers and provisions, if and as desired.]

In witness, &c.

(p) See sect. 57, ante, p. 615.

CONVEYANCING ACT, 1882.

45 & 46 VICTORIÆ, CAP. 39.

An Act for further improving the Practice of Conveyancing;
and for other purposes.
[10th August 1882.]

BE it enacted as follows:

45 & 46 Vict.

c. 39, s. 1.

Preliminary.

commence

ment;

1.-(1.) This act may be cited as the Conveyancing Act, Short titles; 1882; and the Conveyancing and Law of Property Act, 1881 (in this act referred to as the Conveyancing Act of 1881) and extent; this act may be cited together as the Conveyancing Acts, 1881, interpreta1882.

tion.

c. 41.

(2.) This act, except where it is otherwise expressed, shall 44 & 45 Vict. commence and take effect from and immediately after the thirtyfirst day of December one thousand eight hundred and eightytwo, which time is in this act referred to as the commencement of this act.

(3.) This act does not extend to Scotland.

(4.) In this act and in the schedule thereto

(i.) Property includes real and personal property, and any debt, and any thing in action, and any other right or interest in the nature of property, whether in possession or not;

(ii.) Purchaser includes a lessee or mortgagee, or an intending
purchaser, lessee, or mortgagee, or other person, who,

for valuable consideration, takes or deals for property,
and purchase has a meaning corresponding with that
of purchaser;

(iii.) The act of the session of the third and fourth years of 3 & 4 Will. 4, King William the Fourth (chapter seventy-four) "for c. 74.

the abolition of fines and recoveries, and for the sub

stitution of more simple modes of assurance is
referred to as the Fines and Recoveries Act; and the

act of the session of the fourth and fifth years of King 4 & 5 Will. 4,
William the Fourth (chapter ninety-two) "for the c. 92.
abolition of fines and recoveries, and for the substitu-
tion of more simple modes of assurance in Ireland" is
referred to as the Fines and Recoveries (Ireland) Act.

Searches.

other certi

2.-(1.) Where any person requires, for purposes of this Official section, search to be made in the Central Office of the Supreme negative and Court of Judicature for entries of judgments, deeds, or other ficates of matters or documents, whereof entries are required or allowed to searches for