Page images
PDF
EPUB

same becoming so attendant, absolutely cease and determine as to the land upon the inheritance or reversion whereof such term shall become attendant as aforesaid." The same mistake as to the use of the word "land" in the singular number occurs in this section also, and gives rise to the same doubt as that suggested on the first section. The same questions will also be raised as to whether a term is "satisfied" and is " attendant upon the inheritance or reversion."

of the inter

clause.

The interpretation clause in the third section is Construction likely to impede the operation of the act; and this pretation is the more to be regretted, because, by a slight change in some of the words and expressions of the first two sections, the necessity for the interpretation clause contained in the third section would have been altogether avoided. The reason for restricting the operation of the act to freehold hereditaments and customary land, passing by deed, or deed and admittance, is not obvious. The proper course would seem to have been to have included hereditaments of any tenure; for satisfied attendant terms are as great an evil to lands of one tenure as of another. It is very true that satisfied terms in copyholds are of very rare occurrence, but they are not incompatible with the tenure, and may occasionally exist; (see Earl of Bath v. Abney, 1 Burr. 206; Burton's Comp., art. 1314); and lands passing by deed, and surrender and admittance, which seem to be customary freehold, (see

Bingham v. Woodgate, 1 Russ. & My. 32, 750), and are therefore liable, it is presumed, to be infested with attendant terms, are apparently excluded from the benefit of the act. So, too, it would seem, are customary hereditaments (if such there be) which are not land, and which pass by deed, or deed and admittance.

81

8 & 9 VICT. CAP. 106.

AN ACT TO AMEND THE LAW OF REAL PRO

PERTY.

[Royal Assent, 4th August, 1845.]

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),

REPEAL OF THE ACT 7 & 8 VICT. c. 76.

much of 7 & 8

abolishes con

mainders as

mencement;

I. That so much of an act passed in the last Repeal of so session of Parliament, intituled “An Act to sim- Vict. c. 76, as plify the Transfer of Property," as enacted, that, tingent reafter the time at which that act should come into from the comoperation, no estate in land should be created by way of contingent remainder; but that every estate which, before that time, would have taken effect as a contingent remainder should take effect (if in a will or codicil) as an executory devise, and (if in a deed) as an executory estate of the same nature, and having the same properties,

and the resi

due as from

1st Oct. 1845.

as an executory devise; and that contingent remainders existing under deeds, wills, or instruments, executed or made before the time when that act should come into operation, should 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, shall be and is hereby repealed, as from the time of the commencement and taking effect thereof; and that the residue of the said act shall be and is hereby repealed, as from the first day of October, one thousand eight hundred and forty-five.

The imme

diate freehold of corporeal tenements to

CORPOREAL HEREDITAMENTS TO LIE IN
GRANT.

II. That, after the said first day of October,

one thousand eight hundred and forty-five, all lie in grant as corporeal tenements and hereditaments shall, as

well as in li

duty on

grants thereof.

very Stamp regards the conveyance of the immediate freehold thereof, be deemed to lie in grant as well as in livery; and that every deed which, by force only of this enactment, shall be effectual as a grant, shall be chargeable with the stamp duty with which the same deed would have been chargeable in case the same had been a release, founded on a lease or bargain and sale for a year, and also with the same stamp duty (exclusive of progressive

duty) with which such lease or bargain and sale for a year would have been chargeable.

FEOFFMENTS, ETC. TO BE BY Deed.

partitions,

leases, assign

surrenders re

be by deed.

III. That a feoffment, made after the said first Feoffments, day of October, one thousand eight hundred and exchanges, forty-five, other than a feoffment made under a ments, and custom by an infant, shall be void at law, unless quired (subject to certain evidenced by deed; and that a partition, and an exceptions) to exchange, of any tenements or hereditaments, not being copyhold, and a lease, required by law to be in writing, of any tenements or hereditaments, and an assignment of a chattel interest, not being copyhold, in any tenements or hereditaments, and a surrender in writing of an interest in any tene. ments or hereditaments, not being a copyhold interest, and not being an interest which might by law have been created without writing, made after the said first day of October, one thousand eight hundred and forty-five, shall also be void at law, unless made by deed: Provided always, that the said enactment, so far as the same relates to a release or a surrender, shall not extend to Ireland.

FEOFFMENTS, ETC. NOT TO OPERATE BY WRONG,
AND THE IMPLIED

WORDS ABOLISHED.

EFFECT OF CERTAIN

IV. That a feoffment, made after the said first Feoffments

day of October, one thousand eight hundred

not to operate

and by wrong, nor

exchanges or

« PreviousContinue »