indenture entered into with a person not a party cannot be sued on by that person. (Greene v. Horne, Salk. 197; Berkley v. Hardy, 5 B. & C. 355. See, too, the cases cited, 5 Martin's Conveyancing, 462, n. (b)). An action, however, may be maintained by a party to an indenture against one who was not a party, but executed the deed. (Salter v. Kidgly, Carth. 76. See further, 2 Prest. Conv. 396 et seq.) These rules will probably not be altered by the provision in the act, but will apply to deeds between parties and deeds not between parties, as heretofore between indentures and deeds-poll. The act does not (except in the case specially provided for) take away any of the distinctions between deeds between parties and deeds not between parties; and, as the actual indenting of a deed has been long unnecessary, the only effect of the act, apparently, will be to render it unnecessary to call a deed between parties an indenture, and probably, to do away with the necessity of an indenture in certain cases in which an indenture has been required by statute, as in the Statute for the Inrolment of Bargains and Sales (27 Hen. 8, c. 16) and the Statute of Mortmain, (9 Geo. 2, c. 35). In future, deeds between parties may as well begin, "This deed," instead of "This indenture;" and the witnessing part after recitals will be, "Now these presents witness."

Another distinction between an indenture and a deed-poll was, that no person could take an immediate estate or benefit under an indenture unless

he was named as a party to it; but any person could take an immediate estate or benefit under a deed-poll, inasmuch as it was addressed to all the world. (Co. Litt. 26. a.,231. a.; Burton's Real Property, 442, 442, n.; 2 Prest. Conv. 394 et seq.; 1 Martin's Conveyancing, 324). It has, however, been questioned, whether a person not in esse at the time of the execution of a deed-poll could take an immediate benefit under it; and the present act merely provides, that a person not being a party to any deed (meaning, apparently, a deed. between parties) may take an immediate benefit under it, in the same manner as he might under a deed-poll. For practical conveyancing the point in question and the statutory provision are equally immaterial; but the act may be of some assistance to informal instruments.

rent and cove

be extinguish

ed

by merger

of the rever

sion.

SECTION 12.-This is a very useful provision, Remedies for and, notwithstanding some inaccuracy of expres- nants not to sion, seems likely generally to effectuate its object, of abolishing the rule, that the covenants and remedies against a lessee, being incident to the immediate reversion, cease on the merger of that reversion in another estate. (Webb v. Russell, 3 T. R. 678; Wootley v. Gregory, 2 You. & Jerv. 536; Burton v. Barclay, 7 Bing. 745; Thorn v. Woolcombe, 3 B. & Adol. 586). The rule was altogether technical, was productive of injustice when it did operate, and occasioned a good deal of ex

pense and trouble in preventing its operation when foreseen.

The act, it will be observed, applies only to those conditions, covenants, and agreements which are" contained and expressed" in the lease, and not to any which are merely referred to, as is sometimes the case, and not to any implied conditions, covenants, or agreements. From the conclusion of the section, it would seem that the words "demise or grant" were omitted by mistake after the word "lease" in the commencement. This may

have material consequences.

SECTION 13.-The exception as to existing contingent remainders relates to the clause in the 8th section for their protection, not to the power given by the 5th section to convey contingent estates. (See supra, p. 19).

SECTION 14.-The act, it will be observed, extends to Ireland; but the power given by it, as to contingent estates, is less than that given by the 4 & 5 Will. 4, c. 92, s. 22. (See supra, p. 19).

7 & 8 VICT. CAP. 76.

AN ACT TO SIMPLIFY THE TRANSFER OF PRO

PERTY (a).

[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.

words de

I. That the words and expressions hereinafter Meaning of mentioned, which in their ordinary signification fined. 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

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

"Land:"

"Freehold:" interest therein; the word "freehold" shall extend

"Convey

ance:

"Person."

to customary freehold, or such customary land as will pass by deed, or deed and surrender (a), and not by surrender alone; the word "conveyance" shall extend to a feoffment, grant, release, surrender, or other assurance of freehold land; the word "person" shall extend to a corporation as well as Number and an individual; and every 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.

gender.

Freehold land may be conveyed by

deed, without

sin or inrol

ment or a prior lease.

CONVEYANCE OF FREEHOLD LAND.

II. That every person may convey by any deed, without livery of seisin, or inrolment, or a prior livery of sei- lease, all such freehold land as he might before the passing of this act have conveyed by lease and release; and every such conveyance shall take effect as if it had been made by lease and release (b): 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 (c).

Partitions,

exchanges,

PARTITIONS, EXCHANGES, &c.

III. That no partition or exchange or assign

and assign- ment of any freehold or leasehold land shall be

(a) See supra, p. 9. (b) Id., p. 11. (c) Id., p. 13.