CONVEYANCING AND LAW OF PROPERTY ACT, 1892. 55 & 56 VICTORIA, CAP. 13. An Act to amend the Conveyancing and Law of Property Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by authority of the same, as follows: Preliminary. 55 & 56 Vict. c. 13, s. 1. Short title 1.—(1.) This act may be cited as the Conveyancing and Law and extent. of Property Act, 1892, and the Conveyancing and Law of 44 & 45 Vict. Property Act, 1881, and the Conveyancing Act, 1882, and this c. 41. act shall be read together and may be cited together as the 45 & 46 Vict. Conveyancing Acts, 1881, 1882, and 1892. (2.) This act does not extend to Scotland. Leases, Under-leases, Forfeiture. c. 39. forfeiture in 2.-(1.) A lessor shall be entitled to recover as a debt due to Costs of him from a lessee, and in addition to damages (if any) all waiver, and reasonable costs and expenses properly incurred by the lessor in case of bankthe employment of a solicitor and surveyor or valuer, or other- ruptcy or wise, in reference to any breach giving rise to a right of re-entry execution. or forfeiture which, at the request of the lessee, is waived by the lessor by writing under his hand, or from which the lessee is relieved, under the provisions of the Conveyancing and Law of Property Act, 1881, or of this act. (2.) Sub-section six of section fourteen of the Conveyancing and Law of Property Act, 1881 (a), is to apply to a condition for forfeiture on bankruptcy of the lessee, or on taking in execution of the lessee's interest only after the expiration of one year from the date of the bankruptcy, or taking in execution, and provided the lessee's interest be not sold within such one year, but in case the lessee's interest be sold within such one year, sub-section six shall cease to be applicable thereto. (3.) Sub-section two of this section is not to apply to any lease of (a.) Agricultural or pastoral land: (b.) Mines or minerals: (c.) A house used or intended to be used as a public-house or beershop: (d.) A house let as a dwelling-house, with the use of any 55 & 56 Vict. No fine to be Power of tect under lessees on furniture, books, works of art, or other chattels not being in the nature of fixtures: (e.) Any property with respect to which the personal qualifications of the tenant are of importance for the preservation of the value or character of the property, or on the ground of neighbourhood to the lessor, or to any person holding under him. (a) Ante, p. 588. 3. In all leases containing a covenant, condition, or agreement against assigning, underletting, or parting with the possession, or disposing of the land or property leased without licence or consent, such covenant, condition, or agreement shall, unless the lease contains an expressed provision to the contrary, be deemed to be subject to a proviso to the effect that no fine or sum of money in the nature of a fine shall be payable for or in respect of such licence or consent; but this proviso shall not preclude the right to require the payment of a reasonable sum in respect of any legal or other expense incurred in relation to such licence or consent. 4. Where a lessor is proceeding by action or otherwise to court to pro- enforce a right of re-entry or forfeiture under any covenant, proviso, or stipulation in a lease, the court may, on application by any person claiming as under-lessee any estate or interest in the property comprised in the lease or any part thereof either in the lessor's action (if any) or in any action brought by such person for that purpose, make an order vesting for the whole the vent it which ♣ term of the lease or any less term the property comprised in the cease bramissouried lease or any part thereof in any person entitled as under-lessee isted in Dresce to any estate or interest in such property upon such conditions, ist v. Frys. as to execution of any deed or other document, payment of rent, costs, expenses, damages, compensation, giving security, or otherwise, as the court in the circumstances of each case shall think fit, but in no case shall any such under-lessee be entitled to require a lease to be granted to him for any longer term than he had under his original sub-lease. Trustee may 5. In section fourteen of the Conveyancing and Law of Property Act, 1881, as amended by this act, and in this act, "lease" shall also include an agreement for a lease where the lessee has become entitled to have his lease granted, and "underlease" shall also include an agreement for an under-lease where the under-lessee has become entitled to have his under-lease granted, and in this act "under-lessee" shall include any person deriving title under or from an under-lessee (b). (b) See Conv. Act, sect. 14 (3), ante, p, 587. Trustees. be 6. A separate set of trustees or a separate trustee may be appointed appointed under the fifth section of the Conveyancing Act, for separate c. 13, s. 6. 1882, of a part only of the trust property, notwithstanding that 55 & 56 Vict. no new trustees or trustee are to be appointed of other parts of the trust property, and any existing trustee may be appointed parts of proor remain one of such separate set of trustees; and every perty though appointment already made of a separate set of trustees shall be no new valid notwithstanding that there was no retiring trustee of other appointed of parts of the trust property, and that no new trustees were other parts. appointed of such other parts thereof (c). (c) See the cases quoted ante, p. 630. trustee be RULES UNDER SECTION 2 OF THE CONVEYANCING ACT, 1882 (d). 1. Every requisition for an official search shall state the name and address of the person requiring the search to be made. Every requisition and certificate shall be filed in the office where the search was made. 2. Every person requiring an official search to be made pursuant to section 2 of the Conveyancing Act, 1882, shall deliver to the officer a declaration according to the Forms I. and II. in the Appendix, purporting to be signed by the person requiring the search to be made, or by a solicitor, which declaration may be accepted by the officer as sufficient evidence that the search is required for the purposes of the said section. The declaration may be made in the requisition, or in a separate docu ment. 3. Requisitions for searches under section 2 of the Conveyancing Act, 1882, shall be in the Forms III. to VI. in the Appendix, and the certificates of the results of such searches shall be in the Forms VII. to X., with such modifications as the circumstances may require. 4. Where a certificate setting forth the result of a search in any name has been issued, and it is desired that the search be continued in that name, to a date not more than one calendar month subsequent to the date of the certificate, a requisition in writing in the Form XI. in the Appendix may be left with the proper officer, who shall cause the search to be continued, and the result of the continued search shall be endorsed on the original certificate and upon any office copy thereof which may have been issued, if produced to the officer for that purpose. The endorsement shall be in the Form XII. in the Appendix with such modifications as circumstances require. 5. Every person shall upon payment of the prescribed fee be entitled to have a copy of the whole or any part of any deed or document enrolled in the Enrolment Department of the Central Office. (d) Ante, p. 627. RULE UNDER THE CONVEYANCING AND LAW OF PROPERTY ACT, 1881 (e). 6. An alphabetical index of the names of the grantors of all powers of attorney filed under section 48 of the Conveyancing and Law of Property Act, 1881, shall be prepared and kept by the proper officer, and any person may search the index upon payment of the prescribed fee. No person shall take copies of or extracts from any power of attorney or other document filed under that section and produced for his inspection. All copies or extracts which may be required shall be made by the office. (e) Ante, p. 612. (Signed) SELBORNE, C. NATH. LINDLEY, L.J. Forms. APPENDIX. FORM I.-DECLARATION BY SEPARATE INSTRUMENT AS TO PURPOSES Supreme Court of Judicature. Central Office. To the Clerk of Enrolments or The Registrar of Royal Courts of Justice, London. In the matter of A. B. and C. D. is (or I declare that the search (or searches) in the name (or names) of required to be made by the requisition for search, dated the are) required for the purposes of a sale (or mortgage, or lease, or as the case may be), by A. B. to C. D. Dated Signature, address, and description. FORM II.-DECLARATION AS TO PURPOSES OF SEARCH CONTAINED IN THE REQUISITION. I declare that the above-mentioned search is required for the purposes of a sale (or mortgage, or lease, or as the case may be), by A. B. to C. D. FORM III.-REQUISITION FOR SEARCH IN THE ENROLMENT OFFICE, Supreme Court of Judicature. Central Office. Requisition for Search. To the Clerk of Enrolments, Royal Courts of Justice, London. In the matter of A. B. and C. D. Pursuant to section 2 of the Conveyancing Act, 1882, search for deeds and other documents enrolled during the period from 18 both inclusive, in the following name (or names). 18 to Surname. Christian Name or Usual or last known Place of Abode. Title, Trade, or (Add declaration, Form II.) (State if an office copy of the certificate is desired, and whether it is to be sent by post or called for.) Dated Signature, address, and description of person requiring the search FORM IV.-REQUISITION FOR SEARCH IN THE BILLS OF SALE Depart- Supreme Court of Judicature. Central Office. Requisition for Search. To the Registrar of Bills of Sale, Royal Courts of Justice, London. Pursuant to section 2 of the Conveyancing Act, 1882, search for instruments registered or re-registered as bills of sale during the period from both inclusive in the following name (or 18 to 18 Forms. (State if an office copy of the certificate is desired, and whether it is to be sent by post or called for.) Signature, address, and description of person requiring the search. Dated FORM V.-REQUISITION FOR SEARCH IN THE REGISTRY OF CERTIFICATES Supreme Court of Judicature. Central Office. Requisition for Search. To the Registrar of Certificates of Acknowledgments of Deeds by In the matter of A. B. and C. D. Pursuant to section 2 of the Conveyancing Act, 1882 search for certificates of Acknowledgments of Deeds by Married Women during the period from 18 both inclusive, according to the 18 to particulars mentioned in the schedule hereto. (State if an office copy of the certificate is desired, and whether it is to be sent by post or called for.) Signature, address, and description of person requiring the search. Dated |