CH. XLIV. § 5. Section 28. of title is lost, Section 29. of title not to affect certain claims, &c. Section 30. Registration of lands with title. any such Act for the Registration of Real Estates, and the title thereto as aforesaid; and in that case, any transactions relating thereto shall, subject to any regulations to the contrary that may be made by general order, thenceforth form a separate record in the register, distinguished by a separate number, or in such other manner as the Registrar may determine." 1 1 "If any certificate of title shall be lost or destroyed, the Court may issue a fresh certificate in lieu of that so lost or destroyed, expressing on the face thereof that it is a duplicate; but no such fresh certificate shall be of any avail against any person who may have already derived title under the original certificate.” 2 2 "The declaration of title shall not affect any of the claims, rights, or matters hereinafter mentioned; that is to say: land tax, succession duty, tithe rent-charge, rights of common, rents payable to the Crown, public rights of way, liability to repair highways by reason of tenure, rights of way, watercourses, rights of water and other easements, or servitudes, manorial rights and franchises, leases or agreements for leases for any term not exceeding twenty-one years where there is occupation under the same." "From and after the registration of any land, as to which any such declaration of title as aforesaid shall have been made, in the declaration of hereinbefore mentioned Register of Estates with an indefeasible indefeasible title, such land shall be subject to the provisions of any such Act for the Registration of Real Estates and the Title thereto as aforesaid, in the same manner as if the registration thereof had been made by virtue of proceedings duly taken under such last-mentioned Act."4 Section 31. for recall or "If, at any time after any such declaration of title as aforesaid has been made, any person shall consider himself to be aggrieved hear petition thereby, it shall be lawful for him to present a petition praying that the same may be recalled or varied in such manner as may be just; and the Court shall thereupon proceed in the hearing of such petition in the same manner as if the same had been presented before the declaration of title had been made; and the Court may, on the hearing of the said petition, annul the declaration and order the certificate or certificates to be given up to be cancelled, or may make such variations therein as it may deem just, and may, if it shall think fit, also direct the registry thereof, if made, to be cancelled: but no proceeding on any such petition shall prejudice or affect the title of any person who before any 1 25 & 26 Vic. c. 67, § 27; and see § 21, ante, p. 1868; and also ante, p. 1865, n. (9); and 25 & 26 Vic. c. 53, § 31. No general orders have as yet been made. 2 25 & 26 Vic. c. 67, § 28. 4 lb. § 30; and see 25 & 26 Vic. c. 53, such annulling or variation shall have acquired a title under the said declaration as a purchaser for valuable consideration of the said land or of any estate or interest therein."1 CH. XLIV. $5. For prevening with land until petition tion of deal "The Court may, on the hearing of any such last-mentioned Section 32. petition, make any order which it may deem just, restraining the person who has obtained the declaration, and all persons claiming by, through, from, or under him otherwise than as a purchaser for valuable consideration, from in any manner dealing with the said land until such petition shall have been disposed of.” 2 "All proceedings on any such petition shall be liable to the same right of appeal as in the case of petitions presented before such declaration of title was made.”3 disposed of. Section 33. Proceedings on petition liable to right of appeal. Section 34. Power of "The Court shall have power to order costs, either as between party and party or as between solicitor and client, to be paid by and to any person, party to any proceeding under this Act, and Court to order give directions as to the fund out of which such costs shall be paid." 4 costs. Person alienating to invest trust money in purchase of lands to be settled to certain uses. "And whereas it may happen that at the time of making the Section 35. declaration of title as aforesaid there may be estates, rights, or interests in the land which may not be saved by the declaration, and the persons entitled to such estates, rights, or interests may be damnified by the subsequent alienation of the land for valuable consideration: be it therefore enacted, that all money received by the person so alienating shall be deemed to have been received by him in trust to invest the same in the purchase of lands to be settled to the uses and on the trusts to and on which the lands so alienated stood limited at the time of such alienation: provided always, that this clause shall not be deemed to impose any liability on any person who may have received any money on such alienation as a trustee, so far as relates to money which he duly applied in execution of the trusts reposed in him." " "Where any married woman is desirous of making an applica- Section 36. tion, giving any consent, or doing any act, or becoming party to any proceeding under this Act, her husband's concurrence shall be required, and she shall be examined apart from her husband touching her knowledge of the nature and effect of the application or other act, and it shall be ascertained that she is acting freely and voluntarily; and such examination may be taken by the Court or such persons as are authorized to take acknowledgments of deeds by married women under the Act of the session holden in the third and fourth years of King William the Fourth, chapter 1 25 & 26 Vic. c. 67, § 31. 2 lb. § 32. 8 lb. § 33; see §§ 16-19, ante, p. 1868. 4 25 & 26 Vic. 67, § 34. may have Provision as women. to married CH. XLIV., Seventy-four, for the Abolition of Fines and Recoveries, and for § 5. the Substitution of more simple Modes of Assurance;' and the form and manner in which such examination is to be certified to the Court shall be determined by the General Rules and Orders to be made under this Act: provided always, that a married woman entitled to her separate use, and not restrained from anticipation, shall for the purposes of this Act be deemed a feme sole." 1 "Where any person who (if not under disability) might have made any application, given any consent, done any act, or been party to any proceeding under this Act, is a minor, idiot, or lunatic, the guardian or committee of the estate respectively of such person may make such applications, give such consents, do such acts, and be party to such proceedings, as such persons respectively, if free from disability, might have made, given, done, or been party to, and shall otherwise represent such person for the purposes of this Act: provided always, that where there is no guardian or committee of the estate of any such person as aforesaid, being infant, idiot, or lunatic, or where any person the comImittee of whose estates if he were idiot or lunatic would be authorized to act for and represent such person under this Act is of unsound mind or incapable of managing his affairs, but has not been found idiot or lunatic under an inquisition, it shall be lawful for the Court to appoint a guardian of such person for the purpose of any proceedings under this Act, and from time to time to change such guardian.2 "Proceedings under this Act shall not abate or be suspended by any death or transmission or change of interest, but in any such case of death or transmission or change of interest it shall be lawful for the Court, where it sees fit, to require notices to be given to persons becoming interested, or to make any order for discontinuing, suspending, or carrying on the proceedings, or otherwise in relation thereto, which to the Court may appear just."3 "A register shall be kept in such place as the Lord Chancellor shall appoint, wherein any person having or claiming to have any estate, right, title, or interest in or to any land, or having or claiming to have any incumbrance thereon, shall be at liberty to enter his name and address, with the name of the county, parish, and township in which such land is situated, in such form as the Chancellor shall order; and when any person shall have made such entry the Court shall not make an order under this Act unless it 125 & 26 Vic. c. 67, § 36. No general crders have as yet been made. 2 lb. § 37. For the practice on appoint ing guardians, see ante, pp. 160-176, 1214– 1221. 8 25 & 26 Vic. c. 67, § 38. is satisfied, after such evidence as it shall think sufficient, that notice of the application for such order has been given to such person as shåll have made such entry in a reasonable time before such order is actually made." 1 2 CH. XLIV. § 6. Sections 44, 47. Order or Any order or declaration of title obtained by means of fraud or falsehood is to be null and void for or against all persons other than a purchaser for valuable consideration without notice; and declaration of nothing contained in the Act is to entitle any person to refuse to make a complete discovery. title obtained by fraud to be void. Obligation to make discovcluded. Section 48. ery not ex "In the construction of this Act (except where the context or other provisions of the Act require a different construction), the word 'person' shall include a body politic or corporate; the word 'possession' shall include receipt of the rents and profits; and the word 'land' shall not include any incorporeal hereditaments, of terms. but shall include all corporeal tenements and hereditaments not expressly excepted." 4 Construction SECTION VI.- Confirmation of Sales Act. Trustees may, with sanction c. 108, § 2. of the Court, dispose of land and minerals "Every trustee and other person now or hereafter to become 25 & 26 Vic. authorized to dispose of land by way of sale, exchange, partition, or enfranchisement may, unless forbidden by the instrument creating the trust or power, so dispose of such land with an exception or reservation of any minerals and with or without rights and powers of or incidental to the working, getting, or carrying separately. away of such minerals, or may (unless forbidden as aforesaid) dispose of by way of sale, exchange, or partition, the minerals with or without such rights or powers, separately from the residue of the land; and, in either case, without prejudice to any future exercise of the authority with respect to the excepted minerals, or (as the case may be) the undisposed of land; but this enactment shall not enable any such disposition as aforesaid without the previous sanction of the Court of Chancery to be obtained on petition, in a summary way, of the trustee or other person authorized as aforesaid: which sanction, once obtained, shall extend to the enabling from time to time of any disposition within 1 25 & 26 Vic. c. 67, § 39. 2 lb. 44. Penalties are imposed on persons making false statements, suppressing deeds or evidence: ibid.; or making fraudulent alterations in the certificate of title: § 45; but no conviction under this Act is to affect the civil remedy: § 46. 8 25 & 26 Vic. 67, § 47. 5 For the practice on petitions, see ante, CH. XLIV. § 6. Order may be made without reference to any particular sale. this enactment of any part or parts of the land comprised in the order to be made on such petition, without the necessity of any further or other application to the Court."1 The Court will, under this Act, make an order authorizing the sale of land, reserving the minerals, or of the minerals apart from the land, without reference to any particular sale. If all the Service of pe- beneficiaries do not join in the petition, they should be served tition. with it.3 1 25 & 26 Vic. c. 108, § 2. The statute came into operation on 7 Aug., 1862. By § 1, sales, exchanges, partitions, or enfranchisements under powers of lands and minerals separately, which had been effected previously to the Act, and not declared invalid, or concerning the validity of which no proceedings were pending, are confirmed. For former law on the subject, see Buckley v. Howell, 29 Beav. 546; 7 Jur. N. S. 536; Sugd. V. & P. 71. 2 Re Willway, 32 L. J. Ch. 226; 1 N. R. 469, V. C. W. 8 Re Brown, 9 Jur. N. S. 349; 11 W. R. 19 V. C. S.; and for orders under the Act, see S. C. END OF VOL. II. |