partitions to forty-five, shall not have any tortious operation; imply any condition, or and that an exchange, or a partition, of any tene give and grant any covenant. ments or hereditaments, made by deed, executed after the said first day of October, one thousand eight hundred and forty-five, shall not imply any condition in law; and that the word "give" or the word "grant," in a deed, executed after the same day, shall not imply any covenant in law, in respect of any tenements or hereditaments, except so far as the word "give" or the word " grant may, by force of any act of Parliament, imply a covenant. INDENTURES. Strangers may V. That, under an indenture, executed after the take imme an indenture; be an inden effect as such. diately under first day of October, one thousand eight hundred and a deed and forty-five, an immediate estate or interest in purporting to ture shall take any tenements or hereditaments, and the benefit of a condition or covenant respecting any tenements or hereditaments, may be taken, although the taker thereof be not named a party to the same indenture; also, that a deed, executed after the said first day of October, one thousand eight hundred and forty-five, purporting to be an indenture, shall have the effect of an indenture, although not actually indented. Contingent CONVEYANCE OF CONTINGENT INTERESTS. VI. That, after the first day of October, one interests, also thousand eight hundred and forty-five, a contin and other like try made deed, saving tene- alienable by whe- estates in tail; such and as regards married wo men, enjoining con formity to 3 & 4 W. 4, 4 & 5 W. 4, gent, an executory, and a future interest, and a rights of enpossibility coupled with an interest, in any ments or hereditaments, of any tenure, ther the object of the gift or limitation of interest or possibility be or be not ascertained, also a right of entry, whether immediate or future, c. 74, and and whether vested or contingent, into or upon c. 92. any tenements or hereditaments in England, of any tenure, may be disposed of by deed; but that no such disposition shall, by force only of this act, defeat or enlarge an estate tail; and that every such disposition by a married woman shall be made conformably to the provisions, relative to dispositions by married women, of an act passed in the third and fourth years of the reign of his late majesty King William the Fourth, intituled "An Act for the Abolition of Fines and Recoveries, and for the Substitution of more simple Modes of Assurance," or, in Ireland, of an act 4 & 5 W. 4, passed in the fourth and fifth years of the reign of his said late majesty, intituled " An Act for the Abolition of Fines and Recoveries, and for the Substitution of more simple Modes of Assurance, in Ireland." c. 92. DISCLAIMER BY MARRIED WOMEN. married wo claim estates VII. That, after the first day of October, one Capacity of thousand eight hundred and forty-five, an estate men to disor interest in any tenements or hereditaments in or interests by England, of any tenure, may be disclaimed by a to England. deed extended married woman by deed; and that every such disclaimer shall be made conformably to the said provisions of the said Act for the Abolition of Fines and Recoveries and for the Substitution of more simple Modes of Assurance. Contingent PROTECTION OF CONTINGENT REMAINDERS. VIII. That a contingent remainder, existing at any time after the thirty-first day of December, one thousand eight hundred and forty-four, shall be, and, if created before the passing of this act, shall be deemed to have been, capable of taking effect, notwithstanding the determination, by forfeiture, surrender, or merger, of any preceding estate, of freehold, in the same manner, in all respects, as if such determination had not happened. When the reversion on a REVERSIONS OF LEASES. IX. That, when the reversion expectant on a lease is gone, lease, made either before or after the passing of the next estate to be deemed the reversion. this act, of any tenements or hereditaments, of any tenure, shall, after the said first day of October, one thousand eight hundred and forty-five, be surrendered or merge, the estate which shall for the time being confer as against the tenant under the same lease the next vested right to the same tenements or hereditaments, shall, to the extent and for the purpose of preserving such incidents to, and obligations on, the same reversion, as, but for the surrender or merger thereof, would have subsisted, be deemed the reversion expectant on the same lease. SCOTLAND. X. That this act shall not extend to Scotland. Act not to extend to Scotland. AN 8 & 9 VICT. CAP. 112. ACT ΤΟ RENDER THE ASSIGNMENT SATISFIED TERMS UNNECESSARY (a). [Royal Assent, 8th August, 1845.] CESSER OF TERMS ALREADY ATTENDANT. OF WHEREAS the assignment of satisfied terms has been found to be attended with great difficulty, delay, and expense, and to operate in many cases to the prejudice of the persons justly entitled to the lands to which they relate: be it therefore 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 authoriOn 31st Dec., ty of the same, that every satisfied term of years terms of years which, either by express declaration or by con 1845, satisfied then attend heritance or reversion to ant on the instruction of law, shall, upon the thirty-first day of December, one thousand eight hundred and fortybe a protec- five, be attendant upon the inheritance or reversion cease, but to continue to tion to a certain extent. of any lands, shall on that day absolutely cease and determine as to the land upon the inheritance or reversion whereof such term shall be attendant as aforesaid, except that every such term of years which shall be so attendant as aforesaid by ex (a) The marginal notes have been altered, as they were not accurate. |