Execution Of Deeds

Execution of Deeds, the signing, sealing, and delivery of them by the parties, as their own acts and deeds, in the presence of witnesses. By s. 73, L.P. Act, 1925, sealing alone is not sufficient; an individual must sign or mark the deed. Sect. 74, ibid., provides for the execution of deeds by companies and other corporations. See CORPORATION; DEED. As to compulsory executions, s. 47 of the (English) Judicature Act, 1925, replacing the 14th s. of the (English) Judicature Act, 1854, enacts, that when any person fails to comply with a judgment directing him to execute any conveyance, etc., the Court may order that the conveyance, etc., may be executed by such person as the Court may nominate to execute the deed instead, and that such execution shall have the same validity as if the conveyance, etc., had been executed by the party himself.

The rule that a purchaser was entitled to have the conveyance executed in his presence is abrogated by (English) L.P. Act, 1925, s. 75, replacing the (English) Conveyancing Act, 1881, s. 8, which, however, preserves the rule that the purchaser may have at his own cost the execution of the conveyance attested by some person appointed by him. The s. is applied by (English) Land Registration Act, 1925, s. 38(1) to transfers of registered land.