due consideration, and without that general form which the law considers necessary for the conveyance of estates.

In framing Covenants, the word "covenant" only is used; and the covenants for title have, generally speaking, been reduced to covenants for right to convey free from incumbrances, and for further assurance, and have been most materially shortened.

The Power to appoint New Trustees and the other powers have also been very much. shortened, without, it is believed, impairing their efficiency; and, generally speaking, redundancies of expression have been cut off.

It is, of course, to be borne in mind, that so small a work as the present can offer but a very small variety of Precedents, and those only of the simplest assurances; but the examination of these Forms will enable the draftsman readily to shorten and simplify other assurances, or those parts of them which admit of being shortened and simplified.

The Author has much pleasure in repeating his thanks to his friend T. C. Wright, Esq., of Lincoln's Inn, for his valuable and efficient assistance in preparing the Precedents.

B 3

Meaning of words de

fined.

"Land."

Letter from H. Bellenden Ker, Esq., addressed to the LORD CHANCELLor.

"MY LORD,

"In compliance with your Lordship's direction, I have, in conjunction with Mr. Hayes and Mr. Christie, revised the Act passed in the last session 'for simplifying the Transfer of Property (a).'

(a) AN ACT TO SIMPLIFY THE Transfer of prOPERTY*. [Royal Assent, 6th August, 1844.]

FOR simplifying the assurance of property by deed, 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 the authority of the same, as follows; (that is to say),

DEFINITIONS.

I. That the words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this act, except where the nature of the provision or the context of the act shall exclude such construction, be interpreted as follows; (that is to say), the word "land" shall extend to manors, advowsons, messuages, lands, tithes, tenements, and hereditaments, whether corporeal or incorporeal, and to any undivided share thereof, and to any estate or interest therein, and to money subject to be invested in the purchase of land or any interest therein; "Freehold." the word "freehold " shall extend to customary freehold, or such customary land as will pass by deed, or deed and surrender, and not by surrender alone; the word "conveyance"

" Conveyance."

The marginal notes have been altered, as those in the printed copies were not in all respects correct.

Though most of the various objects which that act embraces are of a practical and beneficial char

gender.

shall extend to a feoffment, grant, release, surrender, or other assurance of freehold land; the word " person "shall "Person." extend to a corporation as well as an individual; and every Number and word importing the singular number only shall extend and be applied to several persons or things, as well as to one person or thing; and every word importing the masculine gender only shall extend and be applied to a female as well as a male.

CONVEYANCE OF FREEHOLD LAND.

II. That every person may convey by any deed, without livery of seisin, or inrolment, or a prior lease, all such freehold land as he might before the passing of this act have

Freehold land may be conveyed by

deed, without livery of seisin, or inrol

conveyed by lease and release; and every such conveyance ment, or a shall take effect as if it had been made by lease and release: prior lease. Provided always, that every such deed shall be chargeable with the same stamp duty as would have been chargeable if such conveyance had been made by lease and release.

PARTITIONS, EXCHANGES, ETC.

exchanges,

III. That no partition or exchange, or assignment of any Partitions, freehold or leasehold land shall be valid at law, unless the and assignsame shall be made by deed.

LEASES AND SURRENDERS.

ments to be

by deed.

surrenders in

writing to be by deed.

IV. That no lease in writing of any freehold, copyhold, Leases and or leasehold land, or surrender in writing of any freehold or leasehold land, shall be valid as a lease or surrender unless the same shall be made by deed; but any agreement in writing to let or to surrender any such land shall be valid, and take effect as an agreement to execute a lease or surrender; and the person who shall be in the possession of the land, in pursuance of any agreement to let, may, from

acter, and ought to be included in any comprehensive scheme for ameliorating the law of pro

Contingent, executory, and future interests may

by deed.

payment of rent or other circumstances, be construed to be a tenant from year to year.

EXECUTORY AND FUTURE INTERESTS.

V. That any person may convey, assign, or charge by any deed any such contingent or executory interest, right of be conveyed entry for condition broken, or other future estate or interest as he shall be entitled to, or presumptively entitled to, in any freehold, or copyhold, or leasehold land, or personal property, or any part of such interest, right, or estate respectively; and every person to whom any such interest, right, or estate shall be conveyed or assigned, his heirs, executors, administrators, or assigns, according to the nature of the interest, right, or estate, shall be entitled to stand in the place of the person by whom the same shall be conveyed or assigned, his heirs, executors, administrators, or assigns, and to have the same interest, right, or estate, or such part thereof as shall be conveyed or assigned to him, and the same actions, suits, and remedies for the same, as the person originally entitled thereto, his heirs, executors, or administrators, would have been entitled to if no conveyance, assignment, or other disposition thereof had been made: Provided, that no person shall be empowered by this act to dispose of any expectancy which he may have as heir, or heir of the body inheritable, or as next of kin, under the statutes for the distribution of the estates of intestates of a living person, nor any estate, right, or interest to which he may become entitled under any deed thereafter to be executed, or under the will of any living person, and no deed shall by force of this act bar or enlarge any estate tail; provided also, that no chose in action shall by this act be made assignable at law.

perty, yet the apparent inexpediency of some of its provisions, except, perhaps, as parts of such

WARRANTY OR COVENANT.

VI. That neither the word "grant" nor the word "exchange," in any deed, shall have the effect of creating any warranty or right of re-entry, nor shall either of such words have the effect of creating any covenant by implication, except in cases where by any act of Parliament it is or shall be declared that the word "grant" shall have such effect.

WRONGFUL CONVEYANCE.

No implied warranty or be created by

covenant to

"grant" or "exchange.'

conveyance to

effect.

VII. That no conveyance shall be voidable only when No wrongful made by feoffment or other assurance, where the same be of any would be absolutely void if made by release or grant; and that no assurance shall create any estate by wrong, or have any other effect than the same would have if it were to take effect as a release, surrender, grant, lease, bargain and sale, or covenant to stand seised, (as the case may be).

CONTINGENT REMAINDERS.

remainders

created to

vises or es

isting contingent remain

ders not to

fail by the de

VIII. That, after the time at which this act shall come Contingent into operation, no estate in land shall be created by way of hereafter contingent remainder; but every estate which before that take effect as time would have taken effect as a contingent remainder shall executory detake effect (if in a will or codicil) as an executory devise, tates, and exand (if in a deed) as an executory estate of the same nature, and having the same properties as an executory devise; and contingent remainders existing under deeds, wills, or instruments executed or made before the time when this act shall preceding come into opertion, shall not fail, or be destroyed or barred, merely by reason of the destruction or merger of any preceding estate, or its determination by any other means than the natural effluxion of the time of such preceding estate, or some event on which it was in its creation limited to determine.

struction or merger of the

estate.