CONVEYANCING

THE CONVEYANCING ACT

1

ARRANGEMENT OF SECTIONS

1. Short title.

I. Preliminary
2. Limitation.
3. Interpretation.
4. Old practice retained as to preparation, investigation, etc., of

documents.

11. Sales and Other Transactions

NOTICE
5. Notice.

COVENANTS FOR TITLE
6. Application of stated conditions of sale to all purchases.
7. Completion of contract after death.

DISCHARGE OF INCUMBRANCES ON SALE
8. Provision by Court for incumbrances. and sale freed therefrom.

GENERAL WORDS
9. General words in conveyances of land or buildings.

COVENANTS FOR TITLE
10. Covenants for title to be implied.

EXECUTION OF mRCHASE DEED
11. Rights of purchaser a5 to execution.

III. Leases
12. Rent and benefit of lessee’s covenants to run with reversion.
13. Obligation of lessor’s covenants to run with reversion.
14. Apportionment of conditions on severance, etc.

[The inclusion of this page is authorized by L.N. 480/1973]

2 CONVEYANCING

15. On subdemise, title to leasehold reversion not to be required.
16. Contract for lease not part of title to lease.

FORFEITURE
17. Restrictions on and relief against forfeiture of leases.

IV. Mortgages
18. Obligation on mortgage to transfer instead of reconveying or

19. Power for mortgagor to inspect title deeds.
20. Restriction on consolidation of mortgages.

satisfying the record.

LEASES
21. Leasing powers of mortgagor and of mortgagee in possession.

SALE, INSURANCE, RECEIVER, TIMBER
22. Powers incident to estate or interest of mortgagee.
23. Regulation of exercise of power of sale.
24. Conveyance, receipt, etc., on sale by mortgagee and application

25. Mortgagee’s receipts, discharges, etc.
26. Amount and application of insurance money.
27. Appointment, powers, remuneration and duties of Receiver.

of proceeds.

ACTION RESPECTING MORTGAGES
28. Sale of mortgaged property in action for foreclosure, etc.

V. Statutory Mortgage
29. Form of statutory mortgage.
30. Statutory transfer of mortgage.
31. Implied covenants, joint and several.
32. Form of reconveyance of statutory mortgage.

VI. Trust and Mortgage Estates on Death
33. Devolution of trust and mortgage estates or death.

VII. Trustees and Executors
34. Retirement of trustee.
35. Powers of new trustees appointed by court.

[The inclusion of this page is authorized by L.N. 480119731

CONVEYANCING

36. Vesting of trust pmpeay in new or continuing trustees.

37. Power for trustees for sale to sell by auction, etc.

38. Tiustees' &pts.

39. Power for executors and trustees to compound, etc.

40. Disclaimer of power by trustees.

wI. Married Women

41. Power of Court to bind hkmt of mamed woman.
42. Power of attorney of manied women.

43. Management of land and receipt and application of income dunng
minority.

44. Application by Wstees of income of property of infant for main-
tenance, etc.

45. Executory limitations, restriction on.

X. Rentcharges and other Annual Sums

46. Remedy for recovery of annual sums charged on land.

XI. PowersofAttomey

47. Execution under power of attorney.
48. Effect of power of attorney for value rnade absolutely irrevocable.
49. E m of power of attorney, for value or not, rnade irrevocable for fixed

time.
50. Payment by attorney under power without notice of death, etc., good.
5 1. Powers of attorney to be pmed and recorded.

W. Construction and Efect of Deeds and Other Instruments

52. Use of formal words unnecessary.
53. Conveyance by person to himself, etc.
54. Words of limitation in fee or in tail.
55. Powers simply cdlateral.
56. Consbuction of s u p p l d or annexed deed or document.

[The inclusion of this page is authorized by L.N. 87120041

CONVEYANCING

57. Receipt in deed sufficient.

58. Receipt in deed or indorsed, evidence for subsequent pmhaser.

59. Receipt in deed or indorsed, authority for payment to attorney-at-law.

60. Saciency of Fonns I. II. III and IV, in Second Schedule.
61. Covenants to bind heirs, etc.

62. Covenants to extend to heirs. etc.

63. Effect of covenant with two or more jointly.

64. Effect of advance on joint account.
65. Conveyance of easements, etc., by way of use.

66. Provision for all the estate, etc.

67. Construction of implied covenants.

wI. Long Terms

68. Enlargement of residue of long term into fee simple.

xJv. Adoption ofActs

69. Protection of attorney-at-law and trustees adopting Act.

XV. Miscellaneous

70. Persons not bemg admitted attorneys-at-law practising for reward, subject
to penalties.

7 1. R e e o n s respecting notice.

XVI. Court; Procedure; Orders

72. Regulations respectmg payments into Court and applications to
the Court

73. Orders of Court conclusive.

OPERATION OF CONVEYANCES

74. What conveyances of land are to have same aperation as lh or
m e t y .

SCHEDULE-FORMS

[The inclusion of this page is authorized by L.N. 87120041

CONVEYANCING 5

cap. 73.
Law

51 of 1957.

of Act 1979.

THE CONVEYANCING ACT

[Ist December, 1889.1
1st Sch.

Short title. 1. This Act may be cited as the Conveyancing Act.

I. Preliminary

2. Nothing in this Act shall apply to land brought under Limitation
the operation of the Registration of Titles Act.

3. In this Act- Interpre-
bation.

“Property” unless a contrary intention appears, includes
real and personal property, and any estate or interest
in any property, real or personal, and any debt, and
any thing in action, and any other right or interest in
the nature of property, whether in possession or not;

“Land” unless a contrary intention appears, includes land
of any tenure, and tenements and hereditaments, cor-
poreal or incorporeal, and houses and other buildings,
also an undivided share in land;

“Income” in relation to land, includes rents and profits,
and possession includes receipt of income;

“Conveyance” unless a contrary intention appears, includes
assignment, appointment, lease, settlement and other
assurance, and covenant to surrender, made by deed,
on a sale, mortgage, demise or settlement, of any
property, or on any other dealing with or for any
property; and convey, unless a contrary intention
appears, has a meaning corresponding with that of
conveyance;

me inclusion of this page is authorized by L.N. 57/1980]

6 CONVEYANCZNG

“Mortgage” includes any charge on any property, for
securing money or money’s worth, and mortgage money
means money, or money’s worth, secured by mortgage;
and mortgagor includes any person from time to time
deriving title under the original mortgagor, or entitled
to redeem a mortgage, according to his estate, interest
or right, in the mortgaged property; and mortgagee
includes any person from time to time deriving title
under the original mortgagee; and mortgagee in posses-
sion is, for the purpose of this Act, a mortgagee who,
in right of the mortgage, has entered into and is in
possession of the mortgaged property;

“Incumbrance” includes a mortgage in fee or for a less
estate, and a trust for securing money, and a lien, and
a charge of a portion, annuity, or other capital or
annual sum; and incumbrancer has a meaning cor-
responding with that of incumbrance, and includes
every person entitled to the benefit of an incumbrance,
or to require payment or discharge thereof;

“Purchaser” includes a lessee or mortgagee, or an intending
purchaser, lessee or mortgagee, or other person who,
for valuable consideration, takes or deals for any
property; and purchase has a meaning corresponding
with that of purchaser;

“Rent” includes yearly or other rent, toll, duty, royalty or
other reservation, by the acre, the ton or otherwise;
and fine includes premium or foregift, and any pay-
ment, consideration or benefit, in the nature of a h e ,
premium or foregift;

“Building purposes” include the erecting and the improv-
ing of and the adding to, and the repairing of, build-
ings; and a building lease is a lease for building
purposes, or purposes connected therewith;

“Mining Lease” is a lease for mining purposes, that is, the
searching for, winning, working, getting, making

r h e inclusion of this page is authorized by L.N. 57/1980]

C O W E YANCING

merchantable, carrying away or disposing of, mines
and minerals, or purposes connected therewith, and
includes a grant or licence for mining purposes;

"will" includes codicil;

"instrument" includes deed, will, and Statute Law;

"securities" includes stocks, fbnds, debentures and shares;

"bankruptcy" includes liquidation by arrangement, and any
other act or proceeding in law having, under any
enactment for the time being in force, effects or results
similar to those of bankruptcy; and bankrupt has a
meaning corresponding with that of bankruptcy;

"writing" includes print; and words referring to any
instrument, copy, extract, abstract or other document,
include any such instrument, copy, extract, abstract, or
other document, being in writing or in print, or partly
in writing and partly in print;

"person" includes a corporation.

The Supreme Court is referred to as "the Court"

4. Nothing in this Act contained shall be taken to alter the oldpractice
retained as to practice heretofore existing in this Island in conveyancing, by

which where there is no agreement to the contrary the following investigation.
conditions always attach- etc.. of documznts.

(a) The attorney-at-law of the vendor, lessor and
mortgagee has the right to prepare and complete the
conveyance, lease or mortgage.

(b) The purchaser or lessee pays to the vendor or lessor
one-half of the vendor's or lessor's costs so
incurred, including stamping the conveyance or
lease and, in the case of a lease, of recording it
also.

(c) The purchaser records his conveyance at his
expense.

[The inclusion of this page is authorized by L.N. 87120041

CONVEYANCING

(4 The vendor perfects his title on the record at his
own expense.

(e) The mortgagor pays all the costs of the mortgage,
including all the mortgagee's costs for investiga-
ting the title and stamping and recording the
mortgage.

V) The purchaser on a sale examines into the vendor's
title and approves of the conveyance at his sole cost.

(g) No vendor is required to give to a purchaser any
abstract of title, but in submitting the draft con-
veyance he furnishes the purchaser's attorney-at-law
with any information he may have of the title.

Il.-Sales and Other Transactions

NOTICE
Notice. 5.+1) A purchaser shall not be prejudicially affected by

notice of any instrument, fact or thing, unless-
(a) it is within his own knowledge or would have come

to his knowledge if such inquiries and inspections
had been made as ought reasonably to have been
made by him; or

(b) in the same transaction with respect to which a
question of notice to the purchaser arises, it has
come to the knowledge of his counsel as such, or
of his attorney-at-law or other agent as such or would
have come to the knowledge of his attorney-at-law or
other agent as such if such inquiries and inspections
had been made as ought reasonably to have been
made by the attorney-at-law or other agent.

(2) This section shall not exempt a purchaser from any
liability under, or any obligation to perform or observe, any
covenant, condition, provision or restriction, contained
in any instrument under which his title is derived, mediately

[The inclusion of this page is authorized by L.N. 87120041

CONVEYANCING 9

or immediately, and such liability or obligation may be
enforced in the same manner and to the same extent as if
this section had not been enacted.

(3) A purchaser shall not by reason of anything in
this section, be affected by notice in any case where he would
not have been so affected if this section had not been enacted.

(4) This section applies to purchases made either
before or after the commencement of this Act; save that
where an action is pending at the commencement of this
Act the rights of the parties shall not be affected by this
section.

CONTRACTS FOR SALE
6.-(1) Under a contract to sell and assign a term of Application

of stated years derived out of a leasehold interest in land, the Conditions
intended assign shall not have the right to call for the title
to the leasehold reversion. chaces.

(2) A purchaser of any property shall not require
the production, or any abstract or copy, of any deed, will,
or other document dated or made before the time prescribed
by law or stipulated for commencement of the title, even
though the same creates a power subsequently exercised by
an instrument making up the vendor’s claim of title; nor
shall he require any information, or make any requisition,
objection or inquiry, with respect to any such deed, will or
document, or the title prior to that time, notwithstanding
that any such deed, will or other document, or that prior
title, is recited, covenanted to be produced or noticed; and
he shall assume, unless the contrary appears, that the
recitals contained in such instruments, of any deed, will or
other document, forming part of that prior title are correct,
and give all the material contents of the deed, will or other
document so recited, and that every document so recited
was duly executed by all necessary parties and perfected,

p h e inclusion of this page is authorized by L.N. 480/1973]

10 CONVEYANCING

if and as required, by fine, recovery, acknowledgement,
enrolment or otherwise.

(3) Where land sold is held by lease (not including
under-lease), the purchaser shall assume, unless the contrary
appears, that the lease was duly granted; and, on production
of the receipt for the last payment due for rent under the
lease before the date of actual completion of the purchase,
he shall assume, unless the contrary appears, that all the
covenants and provisions of the lease have been duly per-
formed and observed up to the date of actual completion
of the purchase.

(4) Where land sold is held by under-lease, the
purchaser shall assume, unless the contrary appears, that
the under-lease and every superior lease were duly granted;
and on production of the receipt for the last payment due
for rent under the under-lease before the date of actual
completion of the purchase, he shall assume, unless the
contrary appears, that all the covenants and provisions of
the under-lease have been duly performed and observed up
to the date of actual completion of the purchase, and fur-
ther that all rent due under every superior lease, and all
the covenants and provisions of every superior lease, have
been paid and duly performed and observed up to that date.

(5) On a sale of any property, the expenses of the
production and inspection of all Statutes, whether of
Jamaica or of the United Kingdom, records, proceedings of
courts, deeds, wills, probates, letters of administration and
other documents, not in the vendor’s possession, and the
expenses of all journeys incidental to such production or
inspection, and the expenses of searching for, procuring,
making, verifying and producing, all certificates, declara-
tions, evidences and information, not in the vendor’s pos-
session, and all attested, stamped, office or other copies, or
abstracts of or extracts from any Statutes or other docu-
ments aforesaid not in the vendor’s possession, if any such -

[The inclusion of this page is authorized by L.N. 480/1973]

CONVEYANCING

production, inspection, journey, search, proCOring, makhg
or verifying is required by a purchaser, either for verification
of the title, or of any abstract delivered, or for zhy other
purpose, shall be borne by the purchaser who requires the
same; and where the vendor retains ppssessian Qf any do&-
ment, the expenses of making any copy thereof, attested or
unattested, which a purchaser requires to be delivered 40

Provided that the vendor may not retain any d&&nent . - <
relating only to the title of the property sold :

Provided also that nothing in this subsection shall
restrict the purchaser's rights to require at the expense'of
the vendor the enrolment in the Record Office of all
instruments necessarily making up his vendor's-title for the
period during which the vendor is required by law Qr-by
agreement to make title.

on sales properly so called, notwithstanding any hterpreta-
tion in t h i s Act.

(7) This section applies only if and as far as a con-
trary intention is not expressed in the contract of.sale, &d
shall have effect subject to the terms of the . I &&act, and
to the provisions therein contained.

(8) This &ion applies only to sales made aft&- the
commencement of this Act.

(9) Nothing in this section shall be constived as
binding a purchaser to complete his purchase & 'any .c8se
where, on a contract made independently of this section,
and containing stipulations similar to the provisions of this
section, or any of them, specific perfomince of the c6ntract J ...
would not be edorced agaihsthim 6y the COUit.' - - , -

. . him, shall be borne by that purchaser:
A .

--

n

(6) This section applies only to titles and purchasers " .
? -

.~

.I .

7i-(l) Where at the death of any person'there is sub- amptetion
of cootract sisting a contract enforceable against his heir ur devis6e for after death.

- - ." _- . - - - -
me inclusion of this page is authorized by L.N. 480119731

12 CONVEYANCING

the sale of the fee simple, or other freehold interest descend-
ible to his heirs general, in any land, his personal represen-
tatives shall, by virtue of this Act, have power to convey
the land for all the estate and interest vested in him at his
death, in any manner proper for giving effect to the contract.

(2) A conveyance made under this section shall not
affect the beneficial rights of any person claiming under
any testamentary disposition, or as heir or next of kin of
a testator or intestate.

(3) This section applies only in cases of death after
the commencement of this Act.

DISCHARGB OF bJCUMBkWCFS ON

Provision 8.-(1) Where land subject to any incumbrance, whether
bycourt immediately payable or not, is sold by the Court or out of for incum-
brances,and court, the Court may, if it think fit, on the application of
sale freed
therefrom. my party to the sale, direct or allow payment into court,

in case of an annual sum charged on the land, or of a
capital sum charged on a determinable interest in the land,
of such amount as, when invested in Government Securities,
the Court considers will be sufficient, by means of the divi-
dends thereof, to keep down or otherwise provide fur that
charge, and in any other case of capital money charged on
the land, of the amount sufficient to meet the incumbrance
and any interest due thereon; but in either case there shall
also be paid into court such additional amount as the Court
considers WiH be suflcient to meet the contingency of further
costs, expenses and interest, and any other contingency,
except depreciation of investments, not exceeding one-tenth
part of the uriginal amount to be paid in, unless the Court,
for special reason, thinks fit to require a larger additional
amount.

(2) Thereupon the Court may, if it think fit, and
either after or without any notice to the incumbrancer, as

inclusion of this is authorized by U. 480119131

CONVEYANCING 13

the Court thinks fit, declare the land to be freed from the
incumbrance, and make any order for conveyance, or vesting
order, proper for giving effect to the sale, and give
directions for the retention and investment of the money in
court.

(3) After notice served on the persons interested in
or entitled to the money or fund in court, the Court may
direct payment or transfer thereof to the persons entitled
to receive or give a discharge for the same, and generally
may give directions respecting the application or distribu-
tion of the capital or income thereof.

(4) This section applies to sales not completed at the
commencement of this Act, and to sales thereafter made.

GENERAL WORDS
9.-(1) A conveyance of land shall be deemed to include General

and shall by virtue of this Act operate to convey with the conveyances
land, all buildings, erections, fixtures, commons, hedges, E!&::
ditches, . fences, ways, waters, watercourses, liberties,
privileges, easemen t s, rights and advantages what soever,
appertaining or reputed to appertain to the land, or any
part thereof, or at the time of conveyance demised, occupied
or enjoyed therewith, or reputed or known as part or parcel
of or appurtenant to the land, or any part thereof.

(2) A conveyance of land having houses or other
buildings thereon shall be deemed to include, and shall by
virtue of this Act operate to convey with the land, houses
or other buildings, all outhouses, erections, fixtures, cellars,
areas, cQurts, courtyards, cisterns, sewers, gutters, drains,
ways, I .I , . passages, lights, watercourses, liberties, privileges,
easements, .,. . . rights and; advantages, whatsoever, appertain-
ing or reputed to appertain to the land, houses, or-other
buildings conveyed, or any of them, or ariy part thereof, or
at the time of conveyance demised, occupied or enjoyed with

words in

[The- inclusion of this page is authorized by L.N. 4801 19731

14 CONVEYANCING

Covenants
for title to
be implied.

In convey-
ances for
value by
beneficial
owner.

or reputed or known as part or parcel of or appurtenant to,
the land, houses or other buildings conveyed, or any of them,
or any part thereof.

(3) This section applies only if and as far as a con-
trary intention is not expressed in the conveyance, and shall
have effect subject to the terms of the conveyance, and to
the provisions therein contained.

(4) This section shall not be construed as giving to
any person a better title to any property, right or thing, in
this section mentioned than the title which the conveyance
gives to him to the land expressed to be conveyed, or as
conveying to him any property, right or thing in this section
mentioned, further or otherwise than as the same could
have been conveyed to him by the conveying parties.

(5) This section applies only to conveyances made
after the commencement of this Act.

COVENANTS FOR TITLE

10.41) In a conveyance there shall in the several cases
in this section mentioned be deemed to be included, and
there shall in those several cases by virtue of this Act be
implied, a covenant to the effect in this section stated, by
the person or by each person who conveys, as far as regards
the subject matter or share of subject matter expressed to
be conveyed by him, with the person, if one, to whom the
conveyance is made, or with the persons jointly, if more
than one, to whom he conveyance is made as joint tenants,
or with each of the person& if more than one, to whom the
conveyance is made as tenants in common, that is to say-

(A) In a conveyance for valuable consideration, other than
a mortgage, the following covenant by a person who conveys
and is expressed to convey as beneficial owner, namely-

that, notwithstanding anything by the person who SO
conveys, or any one through whom he derives title

me inclusion of this page is authorized by L.N. 480/19731

CONVEYANCING I5

otherwise than by purchase for value, made, done,
executed or omitted, or knowingly suffered, the
person who so conveys has, with the concurrence
of every other person, if any, conveying by his
direction, full power to convey the subject matter
expressed to be conveyed, subject as, if so
expressed, and in the manner in which it is
expressed to be conveyed; and that, notwithstand-
ing anything as aforesaid, that subject matter
shall remain to and be quietly entered upon,
received and held, occupied, enjoyed and taken,
by the person to whom the conveyance is expressed
to be made, and any person deriving title under
him, and the benefit thereof shall be received and
taken accordingly, without any lawful interrup-
tion or disturbance by the person who so conveys,
or any person conveying by his direction, or right-
fully claiming or to claim by, through, under or in
trust, for the person who so conveys, or any person
conveying by his direction, or by, through or
under any one, not being a person claiming in
respect of an estate or interest subject whereto the
conveyance is expressly made, through whom the
person who so conveys derive title otherwise than
by purchase for value; and that, freed and dis-
charged from, or otherwise by the person who so
conveys sufficiently indemnified against, all such
estates, incumbrances, claims and demands, other
than those subject to which the conveyance is
expressly made, as either before or after the date
of the conveyance have been or shall be made,
occasioned or suffered, by that person or by any
person conveying by his direction, or by any person
rightfully claiming by, through, under or in trust,
for the person who so conveys, or by, through or
under any person conveying by his direction or by,

[The inclusion of this page is authorized by L.N. 480/1973]

16 CONVEYANCING

through or under any one through whom the
person who so conveys derives title otherwise than
by purchase for value; and further, that the person
who so conveys, and any person conveying by his
direction, and every other person having or right-
fully claiming any estate or interest in the subject
matter of conveyance, other than an estate or
interest subject whereto the conveyance is expressly
made, by, through, under or in trust for, the person
who so conveys, or by, through or under any person
conveying by his direction, or by, through or under
any one through whom the person who so conveys
derives title otherwise than by purchase for value,
will, from time to time and at all times after the
date of the conveyance, on the request and at the
cost of any person to whom the conveyance is
expressed to be made, or of any person deriving
title under him, execute and do all such lawful
assurances and things for further or more perfectly
assuring the subject matter of the conveyance to
the person to whom the conveyance is made, and
to those deriving title under him, subject as, if SO
expressed, and in the manner in which the con-
veyance is expressed to be made, as by him or them
or any of them shall be reasonably required;

(in which covenant a purchase for value shall not be deemed
to include 8 conveyance in consideration of marriage).

Inconvey- (B) .In a conveyance of leasehold property for valuable
leasehold consideration, other than a mortgage, the following further
propertyfor value, by covenant by a person who conveys and is expressed to
beneficial convey as beneficial owner, namely-

that notwithstanding anything by the person who so
conveys, or any one through whom he derives title
otherwise than by purchase for value, made, done,
executed or omitted, or knowingly suffered, the

ances of

owner.

[The inclusion of this page is authorized by L.N. 480/1973]

CONVEYANCING 17

lease or grant creating the term or estate for which
the land is conveyed is, at the time of conveyance,
a good, valid and effectual lease or grant of the
property conveyed, and is in full force, unfor-
feited, unsurrendered, and in nowise become void
or voidable, and that, notwithstanding anything
as aforesaid, all the rents reserved by, and all the
covenants, conditions and agreements contained
in, the lease or grant, and on the part of the lessee
or grantee, and the persons deriving title under
him, to be paid, observed and performed, have
been paid, observed and performed, up to the time
of conveyance;

(in which covenant a purchase for value shall not be deemed
to include a conveyance in consideration of marriage).

(c) In a conveyance by way of mortgage, the following In covenant by a person who conveys and is expressed to mortgages bybene-
convey as beneficial owner, namely- ficial owner.

that the person who so conveys has, with the concur-
rence of every other person, if any, conveying by
his direction, full power to convey the subject
matter expressed to be conveyed by him, subject
as, if so expressed and in the manner in which it
is expressed to be conveyed; and also that if default
is made in payment of the money intended to be
secured by the conveyance, or any interest thereon,
or any part of that money or interest, contrary to
any provisions in the conveyance, it shall be lawful
for the person to whom the conveyance is expressed
to be made, and the persons deriving title under
him, to enter into and upon, or receive and thence-
forth quietly hold, occupy and enjoy, or take and
have, the subject matter expressed to be conveyed,
or any part thereof, without any lawful interrup-
tion or disturbance by the person who so conveys,

nhe inclusion of this page is authorized by L.N. 480/1973]

18 CONVEYANCING

or any person conveying by his direction, or any
other person not being a person claiming in respect
of an estate or interest subject whereto the convey-
ance is expressly made; and that, freed and dis-
charged from, or otherwise by the person who so
conveys sufficiently indemnified against all estates,
incumbrances, claims and demands whatever, other
than those subject whereto the conveyance is
expressly made; and further that the person who
so conveys, and every person conveying by his
direction, and every person deriving title under
any of them, and every other person having or
rightfully claiming any estate or interest in the
subject matter of conveyance, or any part thereof,
other than an estate or interest subject whereto
the conveyance is expressly made, will, from time
to time and at all times, on the request of any
person to whom the conveyance is expressed to be
made, or of any person deriving title under him,
but as long as any right of redemption exists under
the conveyance, at the cost of the person so con-
veying, or of those deriving title under him, and
afterwards at the cost of the person making the
request, execute and do all such lawful assurances
and things for further or more perfectly assuring
the subject matter of conveyance, and every part
thereof, to the person to whom the conveyance is
made, and to those deriving title under him, sub-
ject as, if so expressed, and in the manner in which
the conveyance is expressed to be made, as by him
or them or any of them shall be reasonably
required.

(D) In a conveyance by way of mortgage of leasehold
property, the following further covenant by a person who
conveys and is expressed to convey as beneficial owner,
namely-

In mort-

leaseholds
bybene-

gages of

ficial owner.

[The inclusion of this page is authorized by L.N. 480/1973]

CONVEYANCING 19

that the lease or grant creating the term or estate for
which the land is held is, at the time of convey-
ance, a good, valid and effectual lease or grant of
the land conveyed, and is in full force, unforfeited
and unsurrendered, and in nowise become void or
voidable, and that all rents reserved by, and all
the covenants, conditions and agreements, con-
tained in, the lease or grant and on the part of the
lessee or grantee and the persons deriving title
under him to be paid, observed and performed,
have been paid, observed and performed, up to the
time of conveyance; and also that the person so
conveying or the persons deriving title under him,
will, at all times, as long as any money remains on
the security of the conveyance, pay, observe and
perform, or cause to be paid, observed and per-
formed, all the rents reserved by, and all the
covenants, conditions and agreements, contained
in, the lease or grant, and on the part of the lessee
or grantee and the persons deriving title under
him to be paid, observed and performed, and will
keep the person to whom the conveyance is made,
and those deriving title under him, indemnified
against all actions, proceedings, costs, charges,
damages, claims and demands, if any, to be
incurred or sustained by him or them by reason of
the non-payment of such rent, or the non-observ-
ance or non-performance of such covenants,
conditions and agreements, or any of them.

(E) In a conveyance by way of settlement, the following In settle-
covenant by a person who conveys and is expressed to ments*
convey as settlor, namely-

that the person so conveying, and every person deriving
title under him by deed, or act or operation of law,
in his life time subsequent to that conveyance, or

[The inclusion of this page is authorized by L.N. 480/1973]

\

20 CONVEYANCZNG

In convey-
ances by
trustee or
mortgagee.

In convey-
ances by
direction of
beneficial
owner.

by testamentary disposition or devolution in law
on his death, will, from time to time, and at all
times, after the date of that conveyance, at the
request and cost of any person deriving title there-
under, execute and do all such lawful assurances
and things for further or more perfectly assuring
the subject matter of the conveyance to the persons
to whom the conveyance is made, and those deriv-
ing title under them, subject as, if so expressed,
and in the manner in which the conveyance is
expressed to be made, as by them or any of
them shall be reasonably required.

(F) In any conveyance, the following covenant by every
person who conveys and is expressed to convey as trustee
or mortgagee, or as personal representative of a deceased
person, or as committee of a lunatic so found by inquisition
or under an order of the Court, which covenant shall be
deemed to extend to every such person’s own acts only,
namely-

that the person so conveying has not executed or done,
or knowingly suffered or been party or privy to,
any deed or thing whereby or by means whereof
the subject matter of the conveyance, or any part
thereof, is or may be impeached, charged, affected
or incumbered, in title, estate or otherwise, or
whereby or by means whereof the person who SO
conveys is in anywise hindered from conveying the
subject matter of the conveyance, or any part
thereof in the manner in which it is expressed to
be conveyed.

(2) Where in a conveyance it is expressed that by
direction of a person expressed to direct as beneficial owner
another person conveys, then, within this section, the person
giving the direction, whether he conveys and is expressed
to convey as beneficial owner or not, shall be deemed to

phe inclusion of .this page is authorized by L.N. 480/1973]

CONVEYANCING

convey and to be expressed to convey as beneficial owner the
subject matter so conveyed by his direction; and a covenant
on his part shall be implied accordingly.

(3) Where a wife conveys and is expressed to convey Implied
as beneficial owner, and the husband also conveys and is ~~~~~~
expressed to convey as beneficial owner, then, within this byhusband
section, the wife shall be deemed to convey and to be "dwife.

expressed to convey by direction of the husband, as bene-
I

ficial owner; and, in addition to the covenant implied on
the part of the wife, there shall also be implied first a
covenant on the part of the husband as the person giving
that direction, and secondly, a covenant on the part of the
husband in the same terms as the covenant implied on the
part of the wife.

(4) Where in a conveyance a person conveying is
not expressed to convey as beneficial owner, or as settlor, or
as trustee, or as mortgagee, or as personal representative of
a deceased person, or as committee of a lunatic so found by
inquisition, or under an order of the Court, or by direction
of a person as beneficial owner, no covenant on the part of
the person conveying shall be, by virtue of this section,
implied in the conveyance.

(5) In this section a conveyance does not include a
demise implied in the conveyance.

(6) The benefit of a covenant implied as aforesaid
shall be annexed and incident to, and shall go with, the
estate or interest of the implied covenantee, and shall be
capable of being enforced by every person in whom that
estate or interest is, for the whole or any part thereof, from
time to time vested.

(7) A covenant implied as aforesaid may be varied
or extended by deed, and, as so varied or extended, shall, as

. far as may be, operate in the like manner, and with all the
like incidents, effects and consequences, as if such varia-

[The inclusion of this page is authorized by L.N. 87120041

CONVEYANCING

tions or extensions were directed in this section to be
implied.

(8) This section applies only to conveyances made
after the commencement of this Act.

EXECUTION OF PURCHASE DEED

Rights of 11. On a sale, the purchaser shall not be entitled to
purchaser as
to execution. require that the conveyance to him be executed in his

presence, or in that of his attorney-at-law, as such, but shall be
entitled to have at his own cost, the execution of the convey-
ance attested by some person appointed by him, who may,
if he think fit, be his attorney-at-law.

111. Leases

Rent and 12. Rent reserved by a lease, and the benefit of every
benefit of
lessee's covenant or provision therein contained having reference to
covenantsto the subject matter thereof, and on the lessee's part to be
run with
reversion. observed or performed, and every condition of reentry and

other condition therein contained, shall be annexed and
incident to and shall go with the reversionary estate in the
land, or in any part thereof, immediately expectant on the
term granted by the lease, notwithstanding severance of
that reversionary estate, and shall be capable of being
recovered, received, enforced and taken advantage of, by
the person from time to time entitled, subject to the term,
to the income of the whole or any part, as the case may
require, of the land leased.

This section applies only to leases made after the com-
mencement of this Act.

?ligationof 13. The obligation of a covenant entered into by a lessor
lessor's
c~venants to with reference to the subject matter of the lease shall, if
runwith and as far as the lessor has power to bind the reversionary
reversion. estate immediately expectant on the term granted by the

[The inclusion of this page is authorized by L.N. 87/2004]

CONVEYANCING 23

lease, be annexed and incident to and shall go with that
reversionary estate, or the several parts thereof notwith-
standing severance of that reversionary estate, and may be
taken advantage of and enforced by the person in whom the
term is from time to time vested by conveyance, devolution
in law or otherwise; and, if as far as the lessor has power
to bind the person from time to time entitled to that rever-
sionary estate, the obligation aforesaid may be taken
advantage of and enforced against any person so entitled.

This section applies only to leases made after the com-
mencement of this Act.

14. Notwithstanding the severance by conveyance, sur- Apportion-
render or otherwise, of the reversionary estate in any land conditions

cesser in any other manner of the term granted by a lease as
to part only of the land comprised therein, every condition
or right of re-entry, and every other condition, contained in
the lease shall be apportioned, and shall remain annexed
to the severed parts of the reversionary estate as severed,
and shall be in force with respect to the term whereon each
severed part is reversionary, or the term in any land which
has not been surrendered, or as to which the term has not
been avoided or has not otherwise ceased, in like manner as
if the land comprised in each severed part, or the land as
to which the term remains subsisting, as the case may be,
had alone originally been comprised in the lease.

This section applies only to leases made after the com-
mencement of this Act.

ment of

on sever- comprised in a lease, and notwithstanding the avoidance or ance, etc.

15.-(1) On a contract to grant a lease for a term of onsub-
demise, title years to be derived out of a leasehold interest with a lease- to leasehold
reversion
not to be

to call for the title to that reversion. required.
hold reversion, the intended lessee shall not have the right

[The inclusion of this page is authorized by L.N. 480/1973]

24 CONVEYANCING

(2) This section applies only if and as far as a con-
trary intention is not expressed in the contract, and shall
have effect subject to the terms of the contract, and to the
provisions therein contained.

Contractfor

part of title

16. Where a lease is made under a power contained in a
settlement, will, statute or other instrument, any prelimin-
ary contract for or relating to the lease shall not, for the
purpose of the deduction of title to an intended assign,
form part of the title or evidence of the title to the lease.

This section applies only to leases made after the com-
mencement of this Act.

lease not

to lease.

FORFEITURE
Restrictions 17.41) A right of re-entry or forfeiture under any
relief Onand proviso or stipulation in a lease, for a breach of any
againstfor- covenant or condition in the lease, shall not be enforceable
leases. by action or otherwise, unless and until the lessor serves on

the lessee a notice specifying the particular breach
complained of, and, if the breach is capable of remedy,
requiring the lessee to remedy the breach, and in any case,
requiring the lessee to make compensation in money for the
breach, and the lessee fails, within a reasonable time there-
after, to remedy the breach if it is capable of remedy, and
to make reasonable compensation in money to the satisfac-
tion of the lessor for the breach.

(2) Where a lessor is proceeding, by action or other-
wise, to enforce such a right of re-entry or forfeiture, the
lessee may, in the lessor’s action, if any, or in any action
brought by himself, apply to the Court for relief, and the
Court may grant or refuse relief as the Court, having
regard to the proceedings and conduct of the parties under
the foregoing provisions of this section, and to all the other
circumstances, thinks fit, and in case of relief may grant
it on such terms, if any, as to costs, expenses, damages,

feiture of

[The inclusion of this page is authorized by L.N. 480/1973]

CONVEYANCING 25

compensation, penalty or otherwise, including the granting
of an injunction to restrain any like breach in the future, as
the Court in the circumstances of each case, thinks fit.

(3) For the purposes of this section a lease includes
an original or derivative under-lease, also a grant at a fee
farm rent, or securing rent by condition; and a lessee
includes an original or derivative under-lessee, and the
heirs, executors, administrators and assigns, of a lessee.
also a grantee under such a grant as aforesaid, his heirs
and assigns; and a lessor includes an original or derivative
under-lessor; and the heirs, executors, administrators and
assigns, of a lessor, also a grantor as aforesaid, and his
heirs and assigns.

(4) This section applies although the proviso or
stipulation under which the right of re-entry or forfeiture
accrues is inserted in the lease in pursuance of the directions
of any statute.

(5) For the purposes of this section a lease limited
to continue as long only as the lessee abstains from com-
mitting a breach of covenant shall be and take effect as
a lease to continue for any longer term for which it could
subsist, but determinable by a proviso for re-entry on such
a breach.

(6) This section does not extend-
(i) to a covenant or condition against the

assigning, underletting, parting with the
possession or disposing of, the land leased,
or to a condition for forfeiture on the bank-
ruptcy of the lessee, or on the taking in
execution of the lessee’s interest; or

(ii) in case of a mining lease, to a covenant or
condition for allowing the lessor to have
access to or inspect books, accounts, records,

[The inclusion of this page is authorized by L.N. 480/1973]

26 CONVEYANCING

Obligation
on mort-
gagee to
transfer
instead of
re-convey ing
or satis-
fying the
record.

weighing machines or other things, or to
enter or inspect the mine or the workings
thereof.

(7) This section shall not affect the law relating to
re-entry or forfeiture or relief in case of non-payment of
rent.

(8) This section applies to leases made either before
or after the commencement of this Act, and shall have
effect notwithstanding any stipulation to the contrary.

IV. Mortgages
18.41) Where a mortgagor is entitled to redeem he

shall by virtue of this Act have power to require the mort-
gagee, instead of re-conveying or of entering satisfaction
on the margin of the record in the Record Office of the
mortgage, and on the terms on which he would be bound
to re-convey, to assign the mortgage debt and convey the
mortgaged property to any third person as the mortgagor
directs; and the mortgagee shall, by virtue of this Act,
be bound to assign and convey accordingly.

(2) This provision shall belong to and be capable of
being enforced by each incumbrancer, or by the mortgagor,
notwithstanding any intermediate incumbrance; but a
requisition of an incumbrancer shall prevail over a requisi-
tion of the mortgagor, and, as between incumbrancers, a
requisition of a prior incumbrancer shall prevail over a
requisition of a subsequent incumbrancer.

(3) This section does not apply in the case of a mort-
gagee being or having been in possession.

(4) This section applies to mortgages made either
before or after the commencement of this Act, and shall
have effect notwithstanding any stipulation to the contrary.

[The inclusion of this page is authorized by L.N. 480/1973]

CONVEYANCING 27

19. A mortgagor, as long as his right to redeem subsists, Powerfor

at reasonable times, on his request and at his own cost, and tiuedccds-
on payment of the mortgagee’s costs and expenses in this
behalf, to inspect and make copies or abstracts of or extracts
from the documents of title relating to the mortgaged
property in the custody or power of the mortgagee.

This section applies only to mortgages made after the
commencement of this Act, and shall have effect notwith-
standing any stipulation to the contrary.

shall, by virtue of this Act, be entitled from time to time, toinspect mortgagor

20.-(1) A mortgagor seeking to redeem any one mod- Restriction
gage, shall, by virtue of this Act, be entitled to do so on dationof c soli-
without paying any money due under any separate mortgage
made by him, or by any person through whom he claims, on
property other than that comprised in the mortgage which
he seeks to redeem.

(2) This section applies only if and as far as a
contrary intention is not expressed in the mortgage deeds,
or one of them.

LEASES
21.-(1) A mortgagor of land while in possession shall, Leasing

power to make from time to time any such lease of the ztr;Lgeein
mortgaged land, or any part thereof, as is in this section possession.
described and authorized.

(2) A mortgagee of land while in possession shall, as
against all prior incumbrancers, if any, and as against the
mortgagor, have, by virtue of this Act, power to make from
time to time any such lease as aforesaid.

as against every incumbrancer, have, by virtue of this Act, mortgagor powers of

(3) The leases which this section authorizes are-
(a) an agricultural or occupation lease for any term

not exceeding twenty-one years; and

[The inclusion of this page is autfiorized by L.N. 480119731

28 CONVEYANCING

(b) a building lease for any term not exceeding ninety-
nine years.

(4) Every person making a lease under this section
may execute and do all assurances and things necessary or
proper in that behalf.

(5 ) Every such lease shall be made to take effect in
possession not later than twelve months after its date.

(6) Every such lease shall reserve the best rent that
can reasonably be obtained, regard being had to the circum-
stances of the case, but without any fine being taken.

(7) Every such lease shall contain a covenant by the
lessee for payment of the rent, and a condition of re-entry
on the rent not being paid within a time therein spxified
not exceeding thirty days.

(8) Every such lease shall be recorded in the Record
Office, if wholly executed in Jamaica within ninety days
of its execution, or if wholly or partly executed out of this
Island within twelve months of its execution.

(9) Every such building lease shall be made in con-
sideration of the lessee, or some person by whose direction
the lease is granted, having erected, or agreeing to erect
within not more than five years from the date of the lease,
buildings, new or additional, or having improved or
repaired buildings, or agreeing to improve or repair build-
ings within that time, or having executed, or agreeing to
execute, within that time, on the land leased, an improve-
ment for or in connection with building purposes.

(10) In any such building lease a peppercorn rent or
a nominal or other rent less than the rent ultimately payable
may be made payable for the first five years, or any less part
of the term.

[The inclusion of this pagc is authorised by L.N. 4W19731

CONVEYANCING 29

(11) In case of a lease by the mortgagor he shall
within thirty days after recording the lease deliver to the
mortgagee, or, where there are more than one, to the mort-
gagee first in priority, a copy of the lease with a note thereon
of the date of the recording thereof; but the lessee shall
not be concerned to see that this provision is complied with.

(12) A contract to make or accept a lease under this
section may be enforced within six months of the making
thereof by or against every person on whom the lease, if
granted, would be binding.

(13) This section applies only if and as far as a
contrary intention is not expressed by the mortgagor and
mortgagee in the mortgage deed, or otherwise in writing,
and shall have effect subject to the terms of the mortgage
deed or of any such writing, and to the provisions therein
contained.

(14) Nothing in this Act shall prevent the mortgage
deed from reserving to or conferring on the mortgagor or
the mortgagee, or both, any further or other powers of
leasing or having reference to leasing; and any further or
other powers so reserved or conferred shall be exercisable,
as far as may be, as if they were conferred by this Act, and
with all the like incidents, effects and consequences, unless
a contrary intention is expressed in the mortgage deed.

(15) Nothing in this Act shall be construed to enable
a mortgagor or mortgagee to make a lease for any longer
term or on any other conditions than such as could have
been granted or imposed by the mortgagor, with the con-
currence of all the incumbrancers, if this Act had not been
passed.

(16) The provisions of this section referring to a
lease shall be construed to extend and apply, as far as
circumstances admit to any letting, and to an agreement,
whether in writing or not, for leasing or letting.

inclusion of this page is authorized by L.N. 480/1973]

30 CONVEYANCING

SALE, INSURANCE, RECEIVER, TIMBER
22.-(1) A mortgagee, where the mortgage is made by

deed, shall, by virtue of this Act, have the following powers
to the like extent as if they had been in terms conferred by
the mortgage deed, but not further, namely-

(a) a power, when the mortgage money has become
due, to sell, or to concur with any other person in
selling, the mortgaged property, or any part
thereof, either subject to prior charges or not, and
either together or in lots, by public auction or by
private contract, subject to such conditions
respecting title, or evidence of title or other
matter, as he (the mortgagee) thinks fit, with
power to vary any contract for sale, and to buy in
at an auction, or to rescind any contract for sale
and to resell, without being answerable for any
loss occasioned thereby; and

(b) a power, at any time after the date of the mortgage
deed, to insure and keep insured against loss or
damage by fire any building, or any effects or
property of an insurable nature, whether affixed
to the freehold or not, being or forming part of the
mortgaged property; and the premiums paid for
any such insurance shall be a charge on the mort-
gaged property, in addition to the mortgage
money, and with the same priority, and with
interest at the same rate as the mortgage money;
and

(c) a power to the mortgagee from time to time to sue
for and recover from the mortgagor any premiums
under the aforesaid power, together with interest,
as for money paid at the request of the mortgagor,
and may recover the same although such money
may have been added to the principal loan; and

Powers

estateor
interestof

incident to

mortgagee.

[The inclusion of this page is authorized by L.N. 480/1973]

CONVEYANCING 31

(d) a power, when the mortgage money has become
due, to appoint a Receiver of the income of the
mortgaged property, or of any part thereof; and

(e) a power, while the mortgagee is in possession, to
cut and sell timber and other trees ripe for cutting,
and not planted or left standing for shelter or
ornament, or to contract for any such cutting and
sale, to be completed within any time not exceed-
ing twelve months from the making of the
contract.

(2) The provisions of this Act relating to the fore-
going powers, comprised either in this section or in any
subsequent section regulating the exercise of those powers,
may be varied or extended by the mortgage deed, and as so
varied or extended shall, as far as may be, operate in the
like manner and with all the like incidents, effects and con-
sequences, as if such variation or extensions were contained
in this Act.

(3) This section applies only if and as far as a
contrary intention is not expressed in the mortgage deed,
and shall have effect subject to the terms of the mortgage
deed, and to the provisions therein contained.

23.-(1) A mortgagee shall not exercise the power of sale Rewtion
bf exercise
of power of conferred by this Act unless and until-

(U) notice requiring payment of the mortgage money
has been served on the mortgagor or one of several
mortgagors, and default has been made in pay-
ment of the mortgage money, or of part thereof,
for three months after such service; or

(b) some interest under the mortgage is in arrear and
unpaid for two months after becoming due; or

(c) there has been a breach of some provision contained
in the mortgage deed or in this Act, and on the
part of the mortgagor, or of some person concur-

[The inclusion of this page is authorized by L.N. 480/1973]

32 CONVEYANCING

ring in making the mortgage, to be observed or
performed, other than and besides a covenant for
payment of the mortgage money or interest
thereon.

Conveyance,

onsaleby
mortgagee

tionof

24.41) A mortgagee exercising the power of sale con-
ferred by this Act, shall have power, by deed, to convey the
property sold for such estate and interest therein as is the
subject of the mortgage freed from all estates, interests and
rights to which the mortgage has priority, but subject to all
estates, interests and rights, which have priority to the
mortgage.

receipt, etc.,

and applica-

proceeds.

(2) Where a conveyance is made in professed exer-
cise of the power of sale conferred by this Act the title of
the purchaser shall not be impeachable on the ground that
no case had arisen to authorize the sale, or that due notice
was not given, or that the power was otherwise improperIy
or irregularly exercised; but any person damnified by an
unauthorized or improper or irregular exercise of the power
shall have his remedy in damages against the person
exercising the power.

(3) The money which is received by the mortgagee,
arising from the sale, after discharge of prior incumbrances
to which the sale is not made subject, if any, or after pay-
ment into court under this Act of a sum to meet any prior
incumbrance, shall be held by him in trust to be applied by
him, first, in payment of all costs, charges and expenses
properly incurred by him as incident to the sale or any
attempted sale or otherwise, and secondly, in discharge of
the mortgage money, interest and costs, and other money if
any due under the mortgage; and the residue of the money
so received shall be paid to the person entitled to the mort-
gaged property, or authorized to give receipts for the
proceeds of the sale thereof.

me inclusion of this page is authorized by L.N. 480/1973]

CONVEYANCING 33

(4) The power of sale conferred by this Act may be
exercised by any person for the time being entitled to receive
and give a discharge for the mortgage money.

(5 ) The power of sale conferred by this Act shall
not affect the right of foreclosure.

(6) The mortgagee, his executors, administrators or
assigns, shall not be answerable for any involuntary loss
happening in or about the exercise or execution of the power
of sale conferred by this Act, or of any trust connected
therewith.

(7) At any time after the power of sale conferred by
this Act has become exercisable, the person entitled to
exercise the same may demand and recover from any person,
other than a person having in the mortgaged property an
estate, interest or right, in priority to the mortgage, all the
deeds and documents relating to the property, or to the title
thereto, which a purchaser under the power of sale would be
entitled to demand and recover from him.

25.-(1) The receipt in writing of a mortgagee shall be a Mortgagee's
sufficient discharge for any money arising under the power ~ ~ ~ ~ ~ ~ ~ a ,
of sale conferred by this Act, or for any money or securities
comprised in his mortgage, or arising thereunder; and a
person paying or transferring the same to the mortgagee
shall not be concerned to enquire whether any money
remains due under the mortgage.

(2) Money received by a mortgagee under his mort-
gage, or from the proceeds of securities comprised in his
mortgage, shall be applied in like manner as in this Act
directed respecting money received by him arising from a
sale under the power of sale conferred by this Act, but with
this variation, that the costs, charges and expenses payable
shall include the costs, charges and expenses properly
incurred of recovering and receiving the money or securities

[The inclusion of this page is authorized by L.N. 480/1973]

34 CONVEYANCING

and of conversion of securities into money, instead of those
incident to sale.

Amountand 26.-(1) The amount of an insurance effected by a mort-
of insurance gagee against loss or damage by fire under the power in
money. that behalf conferred by this Act shall not exceed the

amount specified in the mortgage deed, or, if no amount is
therein specified, then shall not exceed two-third parts of
the amount that would be required, in case of total
destruction, to restore the property insured.

(2) An insurance shall not, under the power
conferred by this Act, be effected by a mortgagee in any of
the following cases, namely-

(a) where there is a declaration in the mortgage deed
that no insurance is required;

(b) where an insurance is kept up by or on behalf of
the mortgagor in accordance with the mortgage
deed;

(c) where the mortgage deed contains no stipulation
respecting insurance, and an insurance is kept up
by or on behalf of the mortgagor to the amount in
which the mortgagee is by this Act authorized to
insure, and notice thereof given to the mortgagee.

(3) All money received on an insurance effected
under the mortgage deed or under this Act shall, if the
mortgagee so requires, be applied by the mortgagor in
making good the loss or damage in respect of which the
money is received.

(4) Without prejudice to any obligation to the con-
trary imposed by law, or by special contract, a mortgagee
may require that all money received on an insurance be
applied in or towards discharge of the money due under his
mortgage.

u h e inclusion of this page is authorized by L.N. 480/19731

CONVEYA NCZNG 35

27.-(1) A mortgagee entitled to appoint a Receiver Appoint-
under the power in that behalf conferred by this Act shall powcnrre-

exercise the power of sale conferred by this Act, but may ofRecciver.
then, by writing under his hand, appoint such person as he
thinks fit to be Receiver, and such appointment shall be
recorded in the Record Office before or within thirty days
of its being acted upon.

ment,

muneration not appoint a Receiver until he has become entitled to and duties

(2) The Receiver shall be deemed to be the agent of
the mortgagor; and the mortgagor shall be solely responsible
for the Receiver’s acts or defaults, unless the mortgage deed
otherwise provides.

(3) The Receiver shall have power to demand and
recover all the income of the property of which he is
appointed Receiver, by action, distress or otherwise, in the
name either of the mortgagor or of the mortgagee, to the
full extent of the estate or interest which the mortgagor
could dispose of, and to give effectual receipts, accordingly,
for the same.

(4) A person paying money to the Receiver shall not
be concerned to inquire whether any case has happened to
authorize the Receiver to act.

(5) The Receiver may be removed, and a new
Receiver may be appointed, from time to time, by the
mortgagee, by writing under his hand and recorded as
aforesaid.

(6) The Receiver shall be entitled to retain out of
any money received by him, for his remuneration, and in
satisfaction of all costs, charges and expenses, incurred by
him as Receiver, a commission at such rate, not exceeding
five per centurn on the gross amount of all money received,
as is specified in his appointment, and if no rate is so speci-

[The inclusion of this page is authorized by L.N. 480/1973]

36 CONVEYANCING

fied, then at the rate of five per centurn on that gross
amount, or at such higher rate as the Court thinks fit to
allow, on application made by him for that purpose.

(7) The Receiver shall, if so directed in writing by
the mortgagee, insure and keep insured against loss or
damage by fire, out of the money received by him, any build-
ing, effects, or property, comprised in the mortgage,
whether affixed to the freehold or not, being of an insurable
nature.

(8) The Receiver shall apply all money received by
him as follows, namely-

(a) in discharge of all rents, taxes, rates and out-
goings, whatever effecting the mortgaged pro-
perty; and

(b) in keeping down all annual sums or other pay-
ments, and the interest on all principal sums,
having priority to the mortgage in right whereof
he is Receiver; and

(c) in payment of his commission, and of the premiums
on fire, life, or other insurances, if any, properly
payable under the mortgage deed or under this
Act, and the cost of executing necessary or proper
repairs directed in writing by the mortgagee; and

(6) in payment of the interest accruing due in respect
of any principal money due under the mortgage,

and shall pay the residue of the money received by him to
the person who, but for the possession of the Receiver,
would have been entitled to receive the income of the mort-
gaged property, or who is otherwise entitled to that
property.

ACTION RESPECTING MORTGAGES
Sale of 28.-(1) Any person entitled to redeem mortgaged
mortgaged property may have a judgment or order for sale instead of
property in
actionfor for redemption in an action brought by him either for
foreclosure,
etc.

[The inclusion of this page is authorized by L.N. 480/19731

CONVEYANCING 37

redemption alone, or for sale alone, or for sale or redemp-
tion in the alternative.

(2) In any action, whether for foreclosure or for
redemption, or for sale, or for the raising and payment in
any manner of mortgage money, the Court, on the request
of the mortgagee, or of any person interested either in the
mortgage money or in the right of redemption, and notwith-
standing the dissent of any other person, and notwith-
standing that the mortgagee or any person so interested
does not appear in the action, and without allowing any
time for redemption or for payment of any mortgage money,
may, if it thinks fit, direct a sale of the mortgaged property,
on such terms as it thinks fit, including, if it thinks fit,
the deposit in court of a reasonable sum fixed by the Court
to meet the expenses of sale and to secure performance of
the terms.

(3) But, in an action brought by a person interested
in the right of redemption and seeking a sale, the Court
may, on the application of any defendant, direct the plain-
tiff to give such security for costs as the Court thinks fit,
and may give the conduct of the sale to any defendant, and
may give such directions as it thinks fit respecting the costs
of the defendants, or any of them.

(4) In any case within this section the Court may,
if it thinks fit, direct a sale without previously determining
the priorities of incumbrancers.

V. Statutory Mortgage

29.41) A mortgage of freehold or leasehold land may Formof

mortgage, being in the Form given in Part I of the First l:;:du,e.
Schedule, with such variations and additions, if any, as
circumstances may require, and the provisions of this section
shall apply thereto.

statutory be made by a deed expressed to be made by way of statutory mortgage.

[The inclusion of this page is authorized by L.N. 480/19731

38 CONVEYANCING

Such deed if wholly executed in this Island shall be
recorded in the Record Office within thirty days of its date,
but if executed wholly or partly out of this Island then
within six months of its date.

(2) There shall be deemed to be included, and there
shall by virtue of this Act be implied, in the mortgage

First, a covenant with the mortgagee, by the person
expressed therein to convey as mortgagor, to the
effect following, namely-

that the mortgagor will, on the stated day, pay
to the mortgagee the stated mortgage
money, with interest thereon in the mean-
time at the stated rate, and will thereafter,
if and as long as the mortgage money or any
part thereof remains unpaid, pay to the
mortgagee interest thereon, or on the
unpaid part thereof, at the stated rate, by
equal half yearly payments, the first thereof
to be made at the end of six calendar months
from the day stated for payment of the
mortgage money;

Covenants

implied
and provisos

therein. deed-

Secondly, a proviso to the effect following, namely-
that if the mortgagor, on the stated day, pays

to the mortgagee the stated mortgage
money, with interest thereon in the mean-
time at the stated rate, the mortgagee at
any time thereafter, at the request and cost
of the mortgagor, shall re-convey the mort-
gaged property to the mortgagor, or as he
shall direct.

Statutory

mortgage.

30.-(1) A transfer of statutory mortgage may be made
by a deed expressed to be made by way of statutory transfer
of mortgage, being in such one of the three Forms A, and B

transfer of

[The inclusion of this page is authorized by L.N. 480/1973]

CONVEYANCING 39

and C, given in Part I1 of the First Schedule as may be First
appropriate to the case, with such variations and additions,
if any, as circumstances may require, and the provisions of
this section shall apply thereto.

(2) In whichever of those three Forms the deed of
transfer is made, it shall have effect as follows, namely-

(a) there shall become vested in the person to whom
the benefit of the mortgage is expressed to be trans-
ferred, who with his executors, administrators and
assigns, is hereafter in this section designated the
transferee, the right to demand, sue for, recover
and give receipts for the mortgage money, or the
unpaid part thereof, and the interest then due, if
any, and thenceforth to become due thereon, and
the benefit of all securities for the same, and the
benefit of and the right to sue on all covenants
with the mortgagee, and the right to exercise all
powers of the mortgagee;

(b) all the estate and interest, subject to redemption,
of the mortgagee in the mortgaged land shall vest
in the transferee, subject to redemption.

(3) If the deed of transfer is made in the Form B,
there shall also be deemed to be included, and there shall
by virtue of this Act be implied therein, a covenant with
the transferee, by the person expressed to join therein as
covenantor, to the effect following, namely-

that the covenantor will, on the next of the days by the
mortgage deed fixed for payment of interest, pay
to the transferee the stated mortgage money, or so
much thereof as then remains unpaid, with interest
thereon, or on the unpaid part thereof, in the
meantime, at the rate stated in the mortgage deed,
and will thereafter, as long as the mortgage
money, or any part thereof, remains unpaid, pay
to the transferee interest on that sum, or the

Schedule.

[The inclusion of this page is authorized by L.N. 480/1973]

40 CONVEYANCING

Implied
covenants,
joint and
several.

Form of re-
conveyance
of statutory
mortgage.

First
Schedule.

Devolution
of trust and
mortgage
estates on
death.

unpaid part thereof, at the same rate, on the suc-
cessive days by the mortgage deed fixed for pay-
ment of interest.

(4) If the deed of transfer is made in the Form C,
it shall, by virtue of this Act, operate not only as a statu-
tory transfer of mortgage, but also as a statutory mort-
gage, and the provisions of this section shall have effect
in relation thereto accordingly; but it shall not be liable to
any increased stamp duty by reason only of its being
designated a mortgage.

31. In a deed of statutory mortgage, or of statutory
transfer of mortgage, where more persons than one are
expressed to convey as mortgagors, or to join as coven-
antors, the implied covenant on their part shall be deemed
to be a joint and several covenant by them; and where there
are more mortgagees or more transferees than one, the
implied covenant with them shall be deemed to be a covenant
with them jointly, unless the amount secured is expressed
to be secured to them in shares or distinct sums, in which
latter case the implied covenant with them shall be deemed
to be a covenant with each severally in respect of the share
or distinct sum secured to him.

32. A re-conveyance of a statutory mortgage may be made
by a deed expressed to be made by way of statutory re-con-
veyance of mortgage, being in the Form given in Part I11
of the First Schedule, with such variations and additions,
if any, as circumstances may require.

VI. Trust and Mortgage Estates on Death
33. Where an estate or interest of inheritance, or limited

to the heir as special occupant, in any tenements or here-
ditaments, corporeal or incorporeal, is vested on any trust,
or by way of mortgage, in any person solely, the same shall,
on his death, notwithstanding any testamentary disposi-
__

[The inclusion of this page is authorized by L.N. 480/1973]

,

CONVEYANCZNG 41

tion, devolve to and become vested in his personal represen-
tatives or representative, from time to time, in like manner
as if the same were a chattel real vesting in them or him;
and accordingly all the like powers, for one only of several
joint personal representatives, as well as for a single per-
sonal representative, and for all personal representatives
together, to dispose of and otherwise deal with the same,
shall belong to the deceased’s personal representatives or
representative from time to time, with all the like incidents,
but subject to all the like rights, equities and obligations,
as if the same were a chattel real vesting in them or him;
and, for the purposes of this section, the personal represen-
tatives for the time being of the deceased shall be deemed
in law his heirs and assigns, within the meaning of all
trusts and powers.

This section applies only in cases of death after the
commencement of this Act.

VII. Trustee and Executors
34.-(1) Where there are more than two trustees, if one Retirement

of them by deed declares that he is desirous of being dis- of trustee.
charged from the trust, and if his co-trustees, and such other
person, if any, as is empowered to appoint trustees, by deed
consent to the discharge of the trustee, and to the vesting
in the co-trustees alone of the trust property, then the
trustees desirous of being discharged shall be deemed to
have retired from the trust, and shall, by the deed, be dis-
charged therefrom under this Act, without any new trustee
being appointed in his place.

(2) Any assurance or thing requisite for vesting the
trust property in the continuing trustees alone shall be
executed or done.

(3) This section applies only if and as far as a
contrary intention is not expressed in the instrument, if
any, creating the trust and shall have effect subject to the

me inclusion of this page is authorized by L.N. 480119731

42 CONVEYANCING

Powers of
new trustees
appointed
by court.

Vesting of
trust
property in
new or
continuing
trustees.

terms of that instrument, and to any provisions therein
contained.

(4) Every such deed or assurance made under this
section, and every order of a court appointing a new trustee,
shall be recorded in the Record Office.

35. Every trustee appointed by a court of competent
jurisdiction shall, as well before as after the trust property
becomes by law, or by assurance or otherwise, vested in
him, have the same powers, authorities, and discretions,
and may in all respects act, as if he had been originally
appointed a trustee by the instrument, if any, creating the
trust.

36.-(1) Where a deed by which a new trustee is
appointed to perform any trust contains a declaration by
the appointor to the effect that any estate or interest in any
land subject to the trust, or in any chattel so subject, or the
right to recover and receive any debt or other thing in action
so subject, shall vest in the persons who by virtue of the deed
become and are the trustees for performing the trust, that
declaration shall, without any conveyance or assignment,
operate to vest in those persons as joint tenants, and for the
purposes of the trust, that estate, interest or right.

(2) Where a deed by which a retiring trustee is dis-
charged under this Act contains such a declaration as in
this section mentioned by retiring and continuing trustees,
and by the other person, if any, empowered to appoint
trustees, that declaration shall, without any conveyance or
assignment, operate to vest in the continuing trustees alone
as joint tenants, and for the purposes of the trust, the
estate, interest, or right, to which the declaration relates.

(3) This section does not extend to any legal estate
or interest in or to land conveyed by way of mortgage for
securing money subject to the trust, or to any such share,
c me inclusion of this page is authorized by L.N. 480/1973]

CONVEYANCING 43

stock, annuity or property, as is only transferable in books
kept by a company or other body, or in manner prescribed
by or under any statute.

(4) For purposes of registration of the deed in the
Record Office, the person or persons making the declaration
shall be deemed the conveying party or parties, and the
conveyance shall be deemed to be made by him or them
under a power conferred by this Act.

37.-(1) Where a trust for sale or a power of sale of Powerfor
property is vested in trustees, they may sell or concur with saletosell
any other person in selling all or any part of the property, etc.
either subject to prior charges or not, and either together
or in lots by public auction or private contract, subject to
any such conditions respecting title or evidence of title, or
other matter, as the trustees think fit, with power to vary
any contract for sale, and to buy in at any auction or to
rescind any contract for sale and to resell, without being
answerable for any loss.

(2) This section applies only if and as far as a
contrary intention is not expressed in the instrument creat-
ing the trust or power, and shall have effect subject to the
terms of that instrument, and to the provisions therein
contained.

(3) This section applies only to a trust or power
created by an instrument coming into operation after the
commencement of this Act.

trustees for

by auction,

38. The receipt in writing of any trustees or trustee for ~rustees’
any money, securities, or other personal property or effects, raceiPts-
payable, transferable or deliverable to them or him under
any trust or power shall be a sufficient discharge for the
same, and shall effectually exonerate the person paying,
transferring or delivering, the same from seeing to the
application, or being answerable for any loss or misapplica-
tion thereof.

m e inclusion of this page is authorized by L.N. 480/1973]

44 CONVEYANCING

Power for
executors
and trustees
to com-
pound, etc.

Disclaimer
of power by
trustees.

39-41) An executor may pay or allow any debt or claim
on any evidence that he thinks sufficient.

(2) An executor, or two or more trustees acting
together or a sole acting trustee where, by the instrument
(if any) creating the trust, a sole trustee is authorized to
execute the trusts and powers thereof, may, if and as he or
they think fit, accept any composition, or any security, real
or personal, for any debt, or for any property, real or
personal, claimed, and may allow any time for payment of
any debt, and may compromise, compound, abandon, submit
to arbitration, or otherwise settle, any debt, account, claim
or thing whatever, relating to the testator’s estate or to the
trust, and for any of those purposes may enter into, give,
execute and do, such agreements, instruments of composi-
tion or arrangement, releases and other things as to him
or them seem expedient, without being responsible for any
loss occasioned by any act or thing so done by him or them
in good faith.

(3) As regards trustees this section applies only if
and as far as a contrary intention is not expressed in the
instrument, if any, creating the trust, and shall have effect
subject to the terms of that instrument, and to the provi-
sions therein contained.

POWERS

40.-(1) A person to whom any power, whether coupled
with an interest or not, is given may, by deed, disclaim the
power, and after disclaimer shall not be capable of exercis-
ing or joining in the exercise of the power.

(2) On such disclaimer, the power may be exercised
by the other or others, or the survivors or survivor of the
others, of the persons to whom the power is given, unless
the contrary is expressed in the instrument creating the
power.

[The inclusion of this page is authorized by L.N. 480119731

CONVEYANCING 45

VIII. Married Women
41. Notwithstanding that a married woman is restrained Powerof

appears to the Court to be for her benefit, by judgment or $,Fa;.ied
order, with her consent, bind her interest in any property.

Court to from anticipation the Court may, if it thinks fit, where it bind interest

42. A married woman, whether an infant or not, shall Powerof
attorney of by virtue of this Act have power, as if she were of full age, married

by deed to appoint an attorney on her behalf for the purpose women.
of executing any deed or doing any other act which she
might herself execute or do; and the provisions of this Act
relating to instruments creating powers of attorney shall
apply thereto.

IX. Infants
43.41) If and as long as any person who would but for M anagement

of land and

application
this section be beneficially entitled to the possession of any receipt and
land is an infant, and being a woman is also unmarried, ofincome
the trustees appointed for this purpose by the settlement, if $t;zw.
any, or if there are none so appointed, then the persons, if
any, who are for the time being under the settlement
trustees with power of sale of the settled land, or of part
thereof, or with power of consent to or approval of the
exercise of such a power of sale, or trustees appointed for
the purposes of the Settled Land Act, or if there are none,
then any person appointed as trustee for this purpose by
the Court, on the application of a guardian or next friend
of the infant, may enter into and continue in possession of
the land; and in every such case the subsequent provisions
of this section shall apply.

(2) The trustees shall manage or superintend the
management of the land, with full power to fell timber or
cut underwood from time to time in the usual course for
sale, or for repairs or otherwise, and to erect, pull down,
rebuild and repair, houses and other buildings and erec-

p h e inclusion of this page is authorized by L.N. 480/1973]

46 CONVEYANCING

tions, and to continue the working of mines, minerals, and
quarries, which have usually been worked, and to drain
or otherwise improve the land or any part thereof, and to
insure against loss by fire, and to make allowances to and
arrangements with tenants and others, and to determine
tenancies, and to accept surrenders of leases of tenancies,
and generally to deal with the land in a proper and due
course of management; but so that, where the infant is
impeachable for waste, the trustees shall not commit waste,
and shall cut timber on the same terms only, and subject to
the same restrictions, on and subject to which the infant
could, if of full age, cut the same.

(3) The trustees may from time to time, out of the
income of the land, including the produce of the sale of
timber and underwood, pay the expenses incurred in the
management, or in the exercise of any power conferred by
this section or otherwise in relation to the land, and all out-
goings not payable by any tenant or other person, and shall
keep down any annual sum, and the interest of any prin-
cipal sum, charged on the land.

(4) The trustees may apply at discretion any income
which, in the exercise of such discretion, they deem proper
according to the infant’s age, for his or her maintenance,
education or benefit, or pay thereout any money to the
infant’s parent or guardian, to be applied for the same
purposes.

(5 ) The trustees shall lay out the residue of the
income of the land in investment on securities on which they
are by the settlement, if any, or by law authorized to invest
trust money, with power to vary investments, and shall
accumulate the income of the investment so made in the way
of compound interest, by from time to time similarly invest-
ing such income, and the resulting income of investments,

[The inclusion of this page is authorized by L.N. 480/1973]

CONVEYANCING 47

and shall stand possessed of the accumulated fund arising
from income of the land, and from investments of income,
on the trusts following, namely-

(a) if the infant attains the age of eighteen years, I/1979
then in trust for the infant;

(6) if the infant is a woman and marries while an
infant then in trust for her separate use, independ-
ently of her husband, and so that her receipt after
she marries, and though still an infant, shall be a
good discharge; but

(c) if the infant dies while an infant, and being a
woman without having been married, then where
the infant was under a settlement tenant for life,
or by purchase tenant in tail or tail male or tail
female, on the trusts, in any, declared of the
accumulated fund by that settlement; but, where
no such trusts are declared, or the infant has taken
the land from which the accumulated fund is
derived by descent, and not by purchase, or the
infant is tenant for an estate in fee simple,
absolute or determinable, then in trust for the
infant’s personal representatives, as part of the
infant’s personal estate,

but the accumulations, or any part thereof, may at any time
be applied as if the same were income arising in the then
current year.

(6) Where the infant’s estate or interest is in an
undivided share of land, the powers of this section relative
to the land may be exercised jointly with persons entitled
to possession of, or having power to act in relation to, the
other undivided share or shares.

1st Sch.

(7) This section applies only if and as far as con-
trary intention is not expressed in the instrument under
which the interest of the infant arises, and shall have effect

[The inclusion of this page is authorized by L.N. 57/1980]

48 CONVEYANCING

Application
by trustees
of income of
property of
infant for
main-
tenance, etc.
1 / 1979
1st Sch.

Executory
limitations,
restriction
on.

subject to the terms of that instrument, and to the provl-
sions therein contained.

(8) This section applies only where that instrument
comes into operation after the commencement of this Act.

44.41) Where any property is held by trustee in trust
for an infant either for life or for any greater interest, and
whether absolutely or contingently on his attaining the age
of eighteen years, or on the occurrence of any event before
his attaining that age, the trustees may, at their sole discre-
tion, pay to the infant’s parent or guardian, if any, or
otherwise apply, for or towards the infant’s maintenance,
education or benefit, the income of that property, or any
part thereof, whether there is any other fund applicable
to the same purpose, or any person bound by law to provide
for the infant’s maintenance or education, or not.

(2) The trustees shall accumulate all the residue of
that income in the way of compound interest, by investing
the same and the resulting income thereof from time to time
on securities on which they are by the settlement, if any, or
by law authorized to invest trust money, and shall hold
those accumulations for the benefit of the person who
ultimately becomes entitled to the property from which the
same arise; but so that the trustees may at any time, if they
think fit, apply those accumulations, or any part thereof, as
if the same were income arising in the then current year.

(3) This section applies only if and so far 8s a con-
trary intention is not expressed in the instrument under
which the interest of the infant arises, and shall have effect
subject to the terms of that instrument, and to the provisions
therein contained.

45.-(1) Where there is a person entitled to land for an
estate in fee, or for a term of years absolute or determin-
able on life, or for a term of life, with an executory limita-

[The inclusion of this page is authorized by L.N. 57/1980]

CONVEYANCING 49

.

tion over on default or failure of all or any of his issue,
whether within or at any specified period or time or not,
that executory limitation shall be or become void and in-
capable of taking effect if and as soon as there is living
any issue who has attained the age of eighteen years of 1/1979
the class on default or failure whereof the limitation over
was to take effect.

1st Sch.

(2) This section applies only where the executory
limitation is contained in an instrument coming into
operation after the commencement of this Act.

X. Rent-charges and other Annual Sums
46.-(1) Where a person is entitled to receive out of any

land, or out of the income of any land, any annual sum, recoveryof
payable half-yearly or otherwise, whether charged on the charged on
land or on the income of the land, and whether by way of land*
rent-charge or otherwise, not being rent incident to a rever-
sion, then, subject and without prejudice to all estates,
interests and rights, having priority to the annual sum,
the person entitled to receive the same shall have such
remedies for recovering and compelling payment of the same
as are described in this section, as far as those remedies
might have been conferred by the instrument under which
the annual sum arises, but not further.

annual sums

(2) If at any time the annual sum, or any part
thereof, is unpaid for twenty-one days next after the time
appointed for any payment in respect thereof, the person
entitled to receive the annual sum may enter into and dis-
train on the land charged or any part thereof, and dispose
according to law of any distress found, to the intent that
thereby or otherwise the annual sum and all arrears thereof
and all costs and expenses occasioned by non-payment
thereof, may be fully paid.

nhe inclusion of this page is zuthorized by L.N. 57/1980]

50 CONVEYANCING

(3) If at any time the annual sum, or any part
thereof, is unpaid for forty days next after the time
appointed for any payment in respect thereof, then,
although no legal demand has been made for payment
thereof, the person entitled to receive the annual sum may
enter into possession of and hold the land charged or any
part thereof, and take the income thereof, until thereby or
otherwise the annual sum and all arrears thereof due at the
time of his entry, or afterwards becoming due during his
continuance in possession, and all costs and expenses
occasioned by non-payment of the annual sum, are fully
paid; and such possession when taken shall be without
impeachment of waste.

(4) In the like case the person entitled to the annual
charge, whether taking possession or not, may also by deed
demise the land charged, or any part thereof, to a trustee
for a term of years, with or without impeachment of waste,
on trust by mortgage or sale, or demise, for all or any part
of the term, of the land charged, or of any part thereof, or
by receipt of the income thereof, or by all or any of those
means, or by any other reasonable means, to raise and pay
the annual sum and all arrears thereof due or to become due,
and all costs and expenses occasioned by non-payment of the
annual sum or incurred in compelling or obtaining payment
thereof, or otherwise relating thereto, including the costs of
the preparation and execution of the deed of demise, and
the costs of the execution of the trusts of that deed; and the
surplus, if any, of the money raised, or of the income
received, under the trusts of that deed shall be paid to the
person for the time being entitled to the land therein com-
prised in reversion immediately expectant on the term
thereby created.

(5) This section applies only if and as far as a con-
trary intention is not expressed in the instrument under
which the annual sum arises, and shall have effect subject

me inclusion of this page is authorized by L.N. 57/19801

CONVEYANCING 51

to the terms of that instrument, and to the provisions
therein contained.

(6) This section applies only where that instrument
comes into operation after the commencement of this Act.

X I . Powers of Attorney
47. The donee of a power of attorney may, if he thinks Execution

fit, execute or do any assurance, instrument or thing in and ofattorney.
with his own name and signature, and his own seal where
sealing is required, by the authority of the donor of the
power; and every assurance, instrument and thing so
executed and done shall be as effectual in law, to all intents,
as if it had been executed or done by the donee of the power
in the name and with the signature and seal of the donor
thereof.

under power

48. If a power of attorney given for valuable considera- Effwtof
tion is, in the instrument creating the power, expressed attorneyfor power of

value made
absolutely

(a) the power shall not be revoked at any time, either irrevocable.
to be irrevocable, then, in favour of a purchaser-

by anything done by the donor of the power with-
out the concurrence of the donee of the power, or
by the death, marriage, lunacy, unsoundness of
mind or bankruptcy, of the donor of the power;
and

(b) any act done at any time by the donee of the power
in pursuance of the power shall be as valid as if
anything done by the donor of the power without
the concurrence of the donee of the power, or the
death, marriage, lunacy, unsoundness of mind or
bankruptcy of the donor of the power, had not
been done or happened; and

(c) neither the donee of the power nor the purchaser
shall at any time be prejudicially affected by notice
of anything done by the donor of the power

[The inclusion of this page is authorized by L.N. 480/1973]

52 CONVEYANClNG

without the concurrence of the donee of the power,
or of the death, marriage, lunacy, unsoundness of
mind or bankruptcy, of the donor of the power.

Effect of 49. If a power of attorney, whether given for valuable
attorney, for consideration or not, is in the instrument creating the power

Y;:-Ot* expressed to be irrevocable for a fixed time therein specified,
vocablefor not exceeding one year from the date of the instrument,

then, in favour of a purchaser-
(a) the power shall not be revoked for and during that

fixed time, either by anything done by the donor
of the power without the concurrence of the donee
of the power, or by the death, marriage, lunacy,
unsoundness of mind or bankruptcy, of the donor
of the power; and

(b) any act done within that fixed time by the donee of
the power in pursuance of the power shall be as
valid as if anything done by the donor of the
power, without the concurrency of the donee of the
power, or the death, marriage, lunacy, unsound-
ness of mind or bankruptcy, of the donor of the
power, had not been done or happened; and

(c) neither the donee of the power nor the purchaser
shall at any time be prejudicially affected by
notice, either during or after that fixed time, of
anything done by the donor of the power during
that fixed time without the concurrence of the
donee of the power, or of the death, marriage,
lunacy, unsoundness of mind or bankruptcy, of the
donor of the power within that fixed time.

power of

fixed time.

Payment by 50.41) Any person making or doing any payment or act
underpower in good faith in pursuance of a power of attorney shall not
without no ice of be liable in respect of the payment or act by reason that,
d=th, etc., before the payment or act, the donor of the power had died,

or become lunatic, of unsound mind or bankrupt, or had

attorney

good.

mhe inclusion of this page is authorized by L.N. 480119731

C O W E YANCING

revoked the power, if the fact of death, lunacy, unsound-
ness of mind, bankruptcy or revocation, was not at the time
of the payment or act known to the person making or doing
the same.

(2) But this section shall not affect any right against
the payee of any person interested in any money so paid; and
that person shall have the like remedy against the payee
as he would have had against the payer if the payment had not
been made by him.

51. An instrument creating a power of attorney must be duly Powers of
attorney to be

proved and recorded in the Record Ofice. The record- pFovedand
ing of such instrument shall be necessary for its completion, recorded
and no person whose rights depend upon an exercise of the
power shall be required to recognize the existence of such
power until the same is so duly recorded.

XII. Construction and Effect of Deeds and Other
Instruments

52. The use of no formal words is necessary in order to useoffonnal
words convey lands, or tenements or hereditaments, corporeal or umecessary.

incorporeal.

53. Freehold land or a thing in action may be conveyed Conveyance
by a person to himself jointly with another person, by the ~~~~~~
like means by which it might be conveyed by him to another
person, and may, in like manner, be conveyed by a husband
to his wife, and by a wife to her husband, alone or jointly
with another person.

54. In a deed it shall be sufficient, in the limitation of an W a d s o f
limitation in

estate in fee simple, to use the words "in fee simple" with- fee
out the word "heirs", and in the limitation of an estate
in tail, to use the words "in tail" without the words "heirs
of the body", and in the limitation of an estate in tail male

[The inclusion of this page is authorized by L.N. 87120041

CONVEYANCING

Powers
simply
collateral.

Construction
of supple-
mental or
annexed deed
or document.
5111957
S. 2.

Receipt in
deed
sufficient.

Receipt in
deed or
indorsed,
evidence for
subsequent
purchaser.

Receipt in
deed or
indorsed,
authority for
Payment to
attorney -at-
law.

or in tail female, to use the words "in tail male" or "in tail
female", as the case requires, without the words "heirs male of
the body" or "heirs female of the body".

This section applies only to deeds executed after the
commencement of this Act.

55. A person to whom any power, whether coupled with
an interest or not, is given may by deed release, or contract
not to exercise, the power.

56. A deed or document expressed to be supplemental to
a previous deed, or directed to be read as an annex thereto,
shall, as far as may be, be read and have effect as if the
deed so expressed or directed were made by way of indorse-
ment on the previous deed or document, or contained a
full recital thereof.

57. A receipt for consideration money or securities in the
body of a deed shall be a suficient discharge for the same to
the person paying or delivering the same, without any
further receipt for the same being indorsed on the deed.

58. A receipt for consideration money or other considera-
tion in the body of a deed or indorsed thereon shall, in
favour of a subsequent purchaser not having notice that the
money or other consideration thereby acknowledged to be
received was not in fact paid or given, wholly or in part, be
sufficient evidence of the payment or giving of the whole
amount thereof

59. Where an attorney-at-law produces a deed having in the
body thereof or indorsed thereon a receipt for consideration
money or other consideration, the deed being executed or

.the indorsed receipt being signed, by the person entitled
to give a receipt for that consideration, the deed shall be suffi-
cient authority to the person liable to pay or give the same
for his paying or giving the same to the attorney-at-law, without

[The inclusion of this page is authorized by L.N. 87120041

CONVEYANCING

the attorney-at-law producing any separate or other direction or
authority in that behalf from the person who executed or signed
the deed or receipt.

This section applies to trustees as well as to other persons.

1 60. Deeds in the form of and using the expressions in the suficimcyof
Forms given in the Second Schedule, or in the like form, or using :nyd:$,,
expressions to the like effect, shall, as regards form and Second
expression in relation to the provisions of this Act, be sufficient. Schedule.

6 1 . 4 1 ) A covenant relating to land of inheritance, or Covenantsto
bind heirs, devolving on the heir as special occupant, shall be deemed to be dc,

made with the covenantee, his heirs and assigns, and shall have
effect as if heirs and assigns were expressed.

(2) A covenant relating to land not of inheritance,
or not devolving on the heir as special occupant, shall be
deemed to be made with the covenantee, his executors,
administrators and assigns, and shall have effect as if
executors, administrators and assigns were expressed.

(3) This section applies only to covenants made after
the commencement of this Act.

62.41) A covenant, and a contract under seal, and a bond or covenantsto
obligation under seal, though not expressed to bind the heirs, ~~~~.
shall operate in law to bind the heirs and real estate, as well as
the executors and administrators and personal estate, of the
person making the same, as if heirs were expressed.

) (2) This section extends to a covenant implied by
virtue of this Act.

(3) This section applies only if and as far as a
contrary intention is not expressed in the covenant, contract,
bond or obligation, and shall have effect subject to the terms

[The inclusion of this page is authorized by L.N. 87120041

CONVE YANCZNG

of the covenant, contract, bond or obligation, and to the
provisions therein contained.

(4) This section applies only to a covenant, contract,
bond or obligation, made or implied after the commencement
of this Act.

Effect of 63.-41) A covenant, and a contract under seal, and a
covenant
with two or bond or obligation under seal, made with two or more
morejointly. jointly, to pay money, or to make a conveyance, or to do any

other act, to them or for their benefit, shall be deemed to
include, and shall by virtue of this Act imply, an obliga-
tion to do the act to or for the benefit of the survivor or
survivors of them, and to or for the benefit of any other
person to whom the right to sue on the covenant, contract,
bond or obligation, devolves.

(2) This section extends to a covenant implied by
virtue of this Act.

(3) This section applies only if and as far as a con-
trary intention is not expressed in the covenant, contract,
bond or obligation, and shall have effect subject to the
covenant, contract, bond or obligation, and to the provisions
therein contained.

(4) This section applies only to a covenant, contract,
bond or obligation, made or implied after the commence-
ment of this Act.

Effect of 64.--(1y Where in a mortgage, or an obligation for pay-
advance on
joint account. ment of money, or a transfer of a mortgage or of such an

obligation, the sum, or any part of the sum, advanced or
owing is expressed to be advanced by or owing to more
persons than one out of money, or as money, belonging to
them on a joint account, or a mortgage, or such an obliga-
tion, or such a transfer is made to more persons than one,
jointly and not in shares, the mortgage money, or other
money or money's worth, for the time being due to those

[The inclusion of this page is authorized by L.N. 87120041

CONVEYANCING 57

persons on the mortgage or obligation shall be deemed to be
and remain money or money’s worth belonging to those
persons on a joint account, as between them and the mort-
gagor or obligor; and the receipt in writing of the survivors
or last survivor of them, or the personal representatives of
the last survivor, shall be a complete discharge for all money
or money’s worth for the time being due, notwithstanding
any notice to the payer of a severance of the joint account.

(2) This section applies only if and as far as a
contrary intention is not expressed in the mortgage, or
obligation or transfer, and shall have effect subject to the
terms of the mortgage, or obligation or transfer, and to the
provisions therein contained.

65. A conveyance of freehold land to the use that any Conveyance
of ease-

person may have, for an estate or interest not exceeding in ments, etc.,
duration the estate conveyed in the land, any easement, z e y y o f
right, liberty or privilege, in or over, or with respect to,
that land or any part thereof, shall operate to vest in pos-
session in that person that easement, right, liberty or
privilege, for the estate or interest expressed to be limited
to him; and he, and the person deriving title under him,
shall have, use and enjoy, the same accordingly.

This section applies only to conveyances made after the
commencement of this Act.

66.-(1) Every conveyance shall, by virtue of this Act, Provision be effectual to pass all the estate, right, title, interest, claim for mute,etc. all the
and demand, which the conveying parties respectively have
in, to or on, the property conveyed, or expressed or intended
so to be, or which they respectively have power to convey in,
to or on, the same.

(2) This section applies only if and as far as a
contrary intention is not expressed in the conveyance, and
shall have effect subject to the terms of the conveyance and
to the provisions therein contained.

[The inclusion of this page is authorized by L.N. 480/1973]

58 CONVEYANCING

Construction
of implied
covenants.

Enlarge-
ment of resi-
due of long
term into
fee simple.

(3) This section applies only to conveyances made
after the commencement of this Act.

67. In the construction of a covenant or proviso, or other
provision, implied in a deed by virtue of this Act, words
importing the singular or plural number, or the masculine
gender, shall be read as also importing the plural or singular
number, or as extending to females, as the case may require.

XIII. Long Terms
68.-(1) Where a residue unexpired of not less than two

hundred years of a term which, as originally created, was
for not less than three hundred years, is subsisting in land,
whether being the whole land originally comprised in the
term, or part only thereof, without any trust or right of
redemption affecting the term in favour of the freeholder,
or other person entitled in reversion expectant on the term,
and without any rent, or with merely a pepper corn rent, or
other rent having no money value, incident to the reversion,
or having had a rent not being merely a pepper corn rent,
or other rent having no money value, originally so incident,
which subsequently has been released, or has become barred
by lapse of time, or has in any other way ceased to be pay-
able, then the term may be enlarged into a fee simple in
the manner, and subject to the restrictions, in this section
provided.

(2) Each of the following persons, namely-
(a) any person beneficially entitled in right of the

term, whether subject to any incumbrance or not,
to possession of any land comprised in the term,
but, in case of a married woman, with the concur-
rence of her husband unless she is entitled for her
separate use, whether with restraint on anticipa-
tion or not, and then without his concurrence;

mhe inclusion of this page is authorized by L.N. 480119731

COWE YANCING

(b) any person being in receipt of income as trustee, in
right of the term, or having the term vested in him
in trust for sale, whether subject to any incum-
brance or not;

(c) any person in whom, as personal representative of
any deceased person, the term is vested, whether
subject to any incumbrance or not,

shall, as far as regards the land to which he is entitled, or
in which he is interested, in right of the term, in any such
character as aforesaid, have power by deed to declare to the
effect that from and after the execution of the deed the term
shall be enlarged into a fee simple.

(3) Thereupon, by virtue of the deed and of this
Act, the term shall become and be enlarged accordingly,
and the person in whom the term was previously vested shall
acquire and have in the land a fee simple instead of the
term.

(4) This section shall apply to and include every such
term as aforesaid, whether having as the immediate rever-
sion thereon the freehold or not, but not-

(a) any term liable to be determined by re-entry for
condition broken; or

(b) any term created by sub-demise out of a superior
term, itself incapable of being enlarged into a fee
simple.

(5) The estate in fee simple so acquired by enlarge-
ment shall be subject to all the same trusts, powers, execu-
tory limitations over, rights and equities, and to all the
same covenants and provisions relating to user and enjoy-
ment, and to all the same obligations of every kind, as the
term would have been subject to if it had not been so
enlarged.

[The inclusion of this page i s authorized by L.N. 87120041

CONVEYANCING

(6) But where any land so held for the residue of a
term has been settled in trust by reference to other land,
being freehold land, so as to go along with that other land
as far as the law permits, and, at the time of enlargement,
the ultimate beneficial interests in the term, whether subject
to any subsisting particular estate or not, has not become
absolutely and indefeasibly vested in any person, then the
estate in fee simple acquired as aforesaid shall, without !
prejudice to any conveyance for value previously made by a
person having a contingent or defeasible interest in the term, be
liable to be, and shall be, conveyed and settled in like manner
as the other land, being freehold land aforesaid, and until so
conveyed and settled shall devolve beneficially as if it had been
so conveyed and settled.

(7) The estate in fee simple so acquired shall,
whether the term was originally created without impeach-
ment of waste or not, include the fee simple in all mines and
minerals which at the time of enlargement have not been
severed in right or in fact.

XIV. Adoption of Act
Protectionof 69.-(1) It is hereby declared that the powers given by
attorney-at-
law and this Act to any person, and the covenants, provisions,
trustees stipulations and words, which under this Act are to be
adopting Act deemed included or implied in any instrument, or are by

this Act made applicable to any contract for sale or other
transaction, are and shall be deemed in law proper powers,
covenants, provisions, stipulations and words, to be given
by or to be contained in any such instrument, or to be
adopted in connection with or applied to any such contract
or transaction; and an attorney-at-law shall not be deemed guilty
of neglect or breach of duty, or become in any way liable, by
reason of his omitting in good faith in any such instrument,
or in connection with any such contract or t r a n d o n , to
negative the giving, inclusion, implication or application,

[The inclusion of this page is authorized by L.N. 87120041

CONVEYANCING

of any of those powers, covenants, provisions, stipulations or
words, or to insert or apply any others in place thereof, in any
case where the provisions of this Act would allow of his doing
SO.

(2) But nothing in this Act shall be taken to imply
that the insertion in any such instrument, or the adoption
in connection with, or the application to, any contract or
transaction, of any fbrther or other powers, covenants,
provisions, stipulations or words, is improper.

(3) Where the attorney-at-law is acting for
trustees, executors, or other persons in a fiduciary position,
those persons shall also be protected in like manner.

(4) Where such persons are acting without an
attorney-at-law, they shall also be protected in like manner.

XV. Miscellaneous

70.-41) Any person not being an attorney-at-law admitted to
practise in this Island, who shall for reward act in this Island in
the preparation or completion of, or in the advising on, any
contract, conveyance, lease, mortgage, will or other instrument,
shall be guilty of an offence against this Act, and on summary
conviction shall be liable on a first conviction to pay a fine not
exceeding one hundred dollars or less than forty dollars, and on
default of payment to imprisonment not exceeding thirty days,
and on a subsequent conviction for an offence committed
subsequent to a previous conviction to a like penalty with
imprisonment not exceeding thirty days.

(2) Should such persons be under articles of clerk-
ship to an attorney-at-law, upon such conviction his articles
shall become void.

(3) Provided always that lapse of time after the
committing of the offence shall not be a bar to any prosecu-

Persons not
being
admitted
attorneysat-
law practising
for reward,
subjed to
penalties.

[The inclusion of this page is authorized by L.N. 87120041

62 CONVE YANCZNG

tion under this Act, provided that such prosecution is
begun within three months of the offence coming to the
knowledge of the informant, and within two years of the
committal of the offence.

Regulations 71.-41) Any notice required or authorized by this Act to be
respecting
notice. served shall be in writing.

(2) Any notice required or authorized by this Act
to be served on a lessee or mortgagor shall be sufficient
although only addressed to the lessee or mortgagor by that
designation, without his name, or generally to the person
interested without any name, and notwithstanding that any
person to be affected by the notice is absent, under disability,
unborn or unascertained.

(3) Any notice required or authorized by this Act
to be served shall be sufficiently served if it is left at the last
known place of abode or business in this Island of the lessee,
lessor, mortgagee, mortgagor, or other person to be served,
or, in case of a notice required or authorized to be served on
a lessee or mortgagor, is affixed or left for him on the land
or any house or building comprised in the lease or mortgage,
or, in case of a mining lease, is left for the lessee at the
office or counting-house of the mine.

(4) Any notice required or authorized by this Act
to be served shall also be sufficiently served if it is sent by
post in a registered letter addressed to the lessee, lessor,
mortgagee, mortgagor, or other person to be served, by
name, at the aforesaid place of abode or business, office or
counting-house and if that letter is not returned through
the post office undelivered; and that service shall be deemed
to be made at the time at which the registered letter would
in the ordinary course be delivered.

(5) This section does not apply to notices served in
proceedings in the Court.

[The inclusion of this page is authorized by L.N. 87120041

CONVEYANCING 63

XVI. Court; Procedure; Orders
72.-(1) Payment of money into court shall effectually Regulations

respecting
payments
into court

cations to

exonerate therefrom the person making the payment.
(2) Every application to the Court shall, except andappfi-

where it is otherwise expressed, be by summons at thecourt.
Chambers.

(3) On an application by a purchaser, notice shall
be served in the first instance on the vendor.

(4) On an application by a vendor, notice shall be
served in the first instance on the purchaser.

( 5 ) On any application notice shall be served on such
persons, if any, as the Court thinks fit.

(6) The Court shall have full power and discretion
to make such order as it thinks fit respecting the costs,
charges or expenses, of all or any of the parties to any
application.

(7) General rules for purposes of this Act shall be
deemed rules of court, and may be made accordingly.

73.-(1) An order of the Court under any statutory or Ordersof
other jurisdiction shall not, as against a purchaser, be conclusive.
invalidated on the ground of want of jurisdiction, or of
want of any concurrence, consent, notice or service, whether
the purchaser has notice of any such want or not.

(2) This section shall have effect with respect to any
lease, sale or other act, under the authority of the Court.

court

OPERATION OF CONVEYANCES
74. All deeds and other conveyances whatsoever, at any atc con-

time made before the year 1711, and duly executed, ~ ~ ' ~ ~ ~ t ~ f
acknowledged or proved, and recorded, although no valu- E;;;r;as
able consideration be therein inserted, and all deeds and fineor

recovery.
me inclusion of this page is authorized by L.N. 480/1973]

64 CONVEYANCING

other conveyances whatsoever thereafter made for valuable
consideration of any lands, tenements, or hereditaments
within this Island (excepting such as have or shall be made
by infants during their infancy, and persons of non-sane
memory, during the time they continue so) shall be valid and
effectual to pass and convey such lands, tenements, and
hereditaments and they are hereby declared to have passed
and to be conveyed as fully to all intents and purposes as
any real estate in England might or could have passed by a
fine levied with proclamations or by a common recovery
suffered of such lands, tenements or hereditaments, any
law, custom, or usage to the contrary thereof in anywise
notwithstanding .

me inclusion of this page is authorized by LN. 480/1973]

CONVEYANCING 65

FIRST SCHEDULE
STATUTORY MORTGAGE

PART I. Deed of Statutory Mortgage

This Indenture made by way of statutory mortgage the day
of between A of (etc.) of the one part and
M. of (etc.) of the other part Wimesseth that in consideration of the
sum of $ now paid to A. by M. of which sum A.
hereby acknowledges the receipt A . as mortgagor and as beneficial
owner hereby conveys to M. all that (etc.). To hold to and to the
use of M. in fee simple for securing payment on the h Y
of 19 of the principal sum of S
as the mortgage money with interest thereon at the rate of (four) per
centum per annum.

In witness, etc.
Variations in this and subsequent Forms to be made, if required, for

19

leasehold land or other matter.

(Section 29)

PART

FORM A @&on 30)
Deed of Statutory Transfer, Mortgagor not joining

This Indenture made by way of statutory transfer of mortgage
the day of 19 between M. of (etc.)
of the one part and T. (etc.) of the other part supplemental to an inden-
ture made by way of statutory mortgage dated the &Y
of 19 and made between (etc.) Witnesseth
that in consideration of the sum of S now paid to M.
by T. being the aggregate amount of S mortgage
money and $ interest due in respect of the said mortgage
of which sum M. hereby acknowledges the receipt M. as mortgagee
hereby conveys and transfers to T. the benefit of the said mortgage.

In wimess, etc.

(Section 30) FORM B
Deed of Statutov Transfer, a Covenantor joining

This Indenture made by way of statutory transfer of mortgage the
day of 19 between A . of (etc.) of the

first part B. of (etc.) of the second part and C. of (etc.) of the third
part supplemental to an indenture made by way of statutory mortgage,
dated the day of 19 and made between (etc.)
Witnesseth that in consideration of the sum of $ now
paid to A. by C. being the mortgage money due in respect of the said
mortgage no interest being now due and payable thereon of which
sum A. hereby acknowledges the receipt A . as mortgagee with the

me inclusion of this page is authorized by L.N. 480119731

66 CONVEYANCING

concurrence of B. who joins herein as covenantor hereby conveys and
transfers to C. the benefit of the said mortgage.

In witness, etc.

(Section 30) FORM C
Statutory Transfer and Statutory Mortgage combined

of 19 between A. of (etc.) of the first part
B. of (etc.) of the second part and C. of (etc.) of the third part.
supplemental to an indenture made by way of statutory mortgage
dated the day of 19 and made between (etc.)
Whereas the principal s u m of S only remains due in respect
of the said mortgage as the mortgage money and no interest is now due
and payable thereon: And whereas B. is seised in fee simple of the
land comprised in the said mortgage subject to that mortgage:
Now this Indenture witnesseth that in consideration of the sum of
$ now paid to A. by C. of which sum A. hereby
acknowledges the receipt and B. hereby acknowledges the payment
and receipt as aforesaid* A. as mortgagee hereby conveys and transfers
to C. the benefit of the said mortgage: And this Indenture also
witnesseth that for the same consideration A. as mortgagee and
according to his estate and by direction of B. hereby conveys and B.
as beneficial owner hereby conveys and confirms to C. all that (etc.)
To Hold to and to use of C. in fees simple for Securing payment on
the day of 19 oft the sum of S
as ,the mortgage money with interest thereon at the rate of (four) per
centum per annum.

In witness, etc.
(Or, in case of further advance, after aforesaid at* insert and also in

consideration of the further sum of $ now paid by C. to B.
of which sum B. hereby acknowledges the receipt, and affer of att
insert the sum of $ and S making together).
*** Variations to be made, as required, in case of the deed being
made by indorsement, or in respect of any other thing.

(Section 32) PART 111. Deed of Statutory Re-conveyance of Mortgage

This Indenture made by way of statutory mortgage the day

This Indenture made by way of statutory re-conveyance of mortgage
the day of 19 between C. of (etc.) of
the one part and B. of (etc.) of the other part supplemental to an
indenture made by way of statutory transfer of mortgage dated the

day 19 and made between (etc.)
Witnesseth that in consideration of all principal money and interest
due under that indenture having been paid of which principal and
interest C. hereby acknowledges the receipt C. as mortgagee hereby
conveys to B. all the lands and hereditaments now vested in C. under
the said indenture to hold to and to the use of B. in fee simple dis-
*** Variations as noted above.

me inclusion of this page is authorized by L.N. 480/1973]

CONVEYANCING 67

charged from all principal and interest secured by and from all claims
and demands under the said indenture.

In witness, etc.

SECOND SCHEDULE (Section 60)

SHORT FORMS OF DEEDS
Z.-Mortgage

This Indenture of Mortgage made the day of
19 between A. of (etc.) of the one part and B. of (etc.) and C.
of (etc.) of the other part Witnesseth that in consideration of the sum
of $ paid to A . by B. and C. out of money belonging
to them on joint account of which sum A . acknowledges the receipt
A. hereby covenants with B. and C. to pay them on the day
of 19 the sum of S with interest
thereon in the meantime at the rate of (four) per centurn per annum and
also as long after that day as the principal money remains due under
this mortgage to pay to B. and C. interest thereon at the same rate
by equal half-yearly payments on the
and the day of And this indenture also
witnesseth that for the same consideration A . as beneficial owner
hereby conveys to B. and C. in fee simple subjeot to the proviso for
redemption following (namely) that if A. or any person claiming under
him shall on the day of 19 pay to B.
and C. the sum of and interest thereon at the rate
aforesaid then B. and C. or the persons claiming under them will at
the request and cost of A. or the persons claiming under him reconvey
the premises to A. or the person claiming under him and A. hereby
covenants with B. as follows (here add covenant as to fire insurance
or other special covenants required).

day of

In witness, etc.

11.-Further Charge (Section 60)

This Indenture made the day of 19
between (the sonre parties as the foregoing mortgage) and supplemental
to an indenture of mortgage dated the
19 and made between the same parties for securing the sum of
s and interest at (four) per centurn per annum on property
at (etc.) Witnesseth that in consideration of the further sum of
s an interest at (four) per centum per annum on property
joint account (add receipt and covenant as in the foregoing morrgage)
and further that all the property comprised in the before-mentioned
indenture of mortgage shall stand charged with the payment to B. and
C. of the sum of $ and the interest thereon hereinbefore
covenanted to be paid as well as the sum of $ and interest
secured by the same indenture.

day of

In witness. etc.

We inclusion of this page is authorized by L.N. 480119731

68 CONVEYANCING

(Section 60) III.--Conveyance on Sale

This Indenture made the day of 19
between A. of (etc.) of the 6rst part B. of (etc.) and C. of (etc.) of
the second part and M . of (etc.) of the third part Whereas by an
indenture dated (etc.) and made between (etc.) the lands hereipafter
mentioned were conveyed by A. to B. and C. in fee simple by way of
mortgage for securing $ and interest and by a supple-
mental indenture dated (etc.) and made between the same parties
those lands were charged by A. with the payment to B. and C. of the
further sum of 8 and interest thereon. And whereas a
principal sum of $ remains due under the two before-
mentioned indentures but all interest thereon has been paid as B. and
C. hereby acknowledge. Now this indenture witnesseth that in con-
sideration of the sum of $ paid by the direction of A.
to B. and C. and of the sum of 3 paid to A. those two
sums making together the total sum of $ paid by M. for
the purchase of the fee simple of the lands hereinafter mentioned of
which sum of $ B. and C. hereby acknowledge the receipt
and of which total sum of A. hereby acknowledges the
payment and receipt in manner before-mentioned B. and C. as
mortgagees and by the direction of A. as beneficial owner hereby
conveys and confirms to M . all that (etc.) to hold to and to the use of
M. in fee simple discharged from all money secured by and from all
claims under the before-mentioned indentures (add if required. and A .
hereby acknowledges the right of M. to production of the documents of
title mentioned in the Schedule hereto and to delivery of copies
thereof and hereby undertakes for the safe custody thereof).

In witness, etc.

(The Schedule above referred to.

To contain list of documents retained by A.)

ZV.-Married Settlement

between John M . (etc.) of the first part June S. of (etc.) of the second
part and X . of (etc.) and Y . of (etc.) of the third part Witnesseth
that in consideration of the intended mamage between John M. and
Jane S., John M . as settlor hereby conveys to X. and Y . all that (etc.)
To hold to X. and Y. in fee to the use of John M . in fee simple
until the marriage and after the marriage to the use of John M . during
his life without impeachment of waste with remainder after his death to
the use that Jane S. if she survives him may receive during the rest of
her life a yearly jointure rent-charge of $ to commence from
his life without impeachment of waste with remainder after his death
to be made at the end of six calendar months from his death if she is
then living or if not a proportional part to be paid at her death and
subject to the before-mentioned rent-charge to the use of X . and Y .

[The inclusion of this page is authorized by L.N. 480119731

(Section 60)
This Indenture made the day of 19

CONVEYANCING 69

for a term of five hundred years without impeachment of waste on the
trusts hereinafter declared and subject thereto to the use of the first
and other sons of John M. and June S. successively according to
seniority in tail male with remainder (insert here if thought desirable
to the use of the same first and other sons successively according to
seniority in tail with remainder) to the use of all the daughters of John
M. and June S. in equal shares as tenants in common in tail with cross-
remainders between them in tail with remainder to the use of John M .
in fee simple (insert trusts of term of five hundred years for raising
portions: also if required, power to charge jointure and portion on a
future marriage and other powers and provisions, if and as desired).

In witness, etc.

[The inclusion of this page is authorized by L.N. 480/1973]