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Registration for preservation

Registration for preservation. In Scotland any deed may be registered in the books of Council and Session for preservation (stamp 10s.); official extracts are equivalent to originals. See also WILLS.Registration of Births, Deaths, and Marriages.Ecclesiastical Registration.--The 70th Canon made in 1603 directs the churchwardens of every parish to provide a register, and the minister to enter baptisms, marriages, and burials therein; and the (English) Parochial Registers Act, 1812 (52 Geo. 3, c. 146), directs the rector, vicar, curate, or officiating minister to make and keep similar registers, the books to remain in their custody in an iron chest, and copies thereof to be transmitted annually to the registrars of each diocese. So much of this Act as related to marriages was repealed by the (English) Births and Deaths Registration Act, 1836. Consult Hubback on Succession, pp. 469 et seq.Civil Registration.--A general registry office was established by the (English) Births and Deaths Regi...

Equitable mortgage

Equitable mortgage, a mortgage under which the mortgagee does not get the legal estate. The following mortgages are equitable:-(1) Where the subject of a mortgage is trust property, which security is effected either by a formal deed or a written memorandum, notice being given to the trustees in order to preserve the priority. As a rule these mortgages include mortgages (not being mortgages of a legal estate) under a trust for sale or settlement which are not registrable under the (English) L.C. Act, 1925, s. 10, Class C.(2) Where the subject of the mortgage is an equity of redemption, which is merely a right to bring an action in the Chancery Division to redeem the estate. Now under the (English) L.P. Act, 1925, Sched. I., Parts VII. (1), (3), and VIII. (1), (3), and see ss. 85, 86, ibid., a mortgagor retains a legal estate in fee simple or for a term of years, and the first and subsequent mortgagees out of that estate each have a legal mortgage.(3) Where mortgages created before 1925 ...

Law of Property Act, 1925 (English)

Law of Property Act, 1925 (English) 915 Geo. 5,c. 20), with amending Acts, 1926, 1929 and 1932 (cited together as the Law of Property Acts, 1925 to 1932), has consolidated and effected changes in the land laws with the object of simplifying the transfer and conveyance of land. An important change was the abolition of all legal estates or tenures in land, except an estate in fee simple in possession, and a term of years absolute in or in certain incorporeal hereditaments arising out of annexed to or charged upon the legal estate in land. Any number of these legal estates can exist in respect of the same piece of land or incorporeal hereditament; for instance, land may be held in fee simple, leased and mortgaged at the same time. all other estate and interests inland are reduced to equitable interests. All mortgages of the same legal estate under the statutory conditions are legal estates. None being for the whole fee simple or the term, but each for a term taken out of the fee or origin...

Lease

Lease [either from locatio, Lat., the letting of property, or laisser, Fr., to let, or leapum, or leasum, Sax., to enter lawfully], sometimes also called demise (demissio), is a grant of property for life, or years, or from year to year or at will, by one who has greater interest in the property. The person granting is called the lessor, who is possessed of the reversion (as to a reversion being essential to a lease, see 1 Platt on Lease, pp. 9 et seq.); he to whom the property is granted, the lessee. The consideration is usually the payment of a rent or other annual recompense. The ancient operative words were 'demise, lease, and to farm let,' or 'demise and lease.'The (English) Law of Property Act,1925, makes a distinction between leases for years which become legal estates if they consist of terms of years absolute and leases for life which have been converted into merely equitable interests if created under a settlement, but by s. 149 of the Act leases for life at a rent or in cons...

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 (E...

Irish and Scots Courts' Judgments

Irish and Scots Courts' Judgments. As regards Northern Ireland and Scottish judgments, a judg-ment of a Superior Court of Northern Ireland or Scotland is enforceable after registration of a certificate thereof by the High Court of Justice in England, under the Judgments Extension Act, 1868 (31 & 32 Vict. c. 54 (preserved by Judic. Act, 1925, s. 224); and a judgment of an inferior Court is similarly enforceable by an English county Court, under the Inferior Courts Judgments Extension Act, 1882 (45 & 46 Vict. c. 31). Irish Free State judgments of the Courts may not be so enforced under the Judgments Extension Act, 1868, since references to 'Ireland' in any enactment passed before the establishment of the Irish Free State to the United Kingdom or to Ireland are in the application of that enactment in Great Britain or Northern Ireland to be construed as exclusive of the Irish Free State (see Stat. R. & O. 1923, No. 405, Art. 2). The Act of 1868 applies only to debt, damages and costs, but ...

Equity of redemption

Equity of redemption. Before 1926 the equitable estate or interest left in a person after he had mortgaged his property. Now the right to call for a reconveyance of a legal estate or of an equitable interest in property from the mortgagee on payment of principal, interest and costs. A mort-gagee, although he has become absolute owner of a legal estate in the mortgaged property, on account of the breach of the condition for repayment of the loan within the strict time, is nevertheless compelled to reconvey the legal estate to the mortgagor, who applies to redeem it, on payment of the principal, interest, and costs, Equity treating the breach of the condition as a penalty, and the retention for the mortgagee's own benefit of that which was intended simply as a pledge, as contrary to substantial justice.The right or equity of redemption is an essential attribute of a mortgage; it is inherent in the thing itself, and any provision inserted in the mortgage to defeat the right is void as a '...

Further advance, or charge

Further advance, or charge, a second or subsequent loan of money to a mortgagor by a mortgagee, either upon the same security as the original loan was advanced upon, or an additional security, Equity considers the arrears of interest on a mortgagee security converted into principal, by agreement between the parties, as a further advance.Although the tacking of a third or subsequent mortgage has been abolished by the Law of Property Act, 1925, s. 94, that s. has expressly preserved the right to tack a further advance by a prior mortgage so that the advance may rank in priority to subsequent mortgages, even if the further advance was made with notice of a subsequent mortgage or charge in cases where the mortgage imposes an obligation to make further advances. Where the mortgage is to secure a current account or any other further advances, notice of an intervening charge will postpone the further advance to that charge but (by way of exception) in this case notice will not be imputed to t...

Deed

Deed [fr. d'd, Sax.; ded gaded, Goth.;daed, Dut.], a formal document on paper or parchment duly signed, sealed, and delivered. It is either an indenture (factum inter partes) needing an actual indentation [(English) Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 5], reproduced by the Law of Property Act, 1925, s. 56 (2), made between two or more persons in different interests, or a deed-poll (charta de una parte) made by a single person or by two or more persons having similar interests. By the (English) Law of Property Act, 1925, s. 57, a deed may be described according to the nature of the transaction, e.g., 'this lease,' 'this mortgage,' etc., or as a 'deed' and not habitually by the word 'indenture.'The requisites of a deed are these:-(1) Sufficient parties and a proper subject of assurance.(2) It must be written, engrossed, printed, or lithographed, or partly written or engrossed, and partly printed or lithographed in any character or in any language, on paper, vellum, or parchm...

Judgments Extension Act, 1868

Judgments Extension Act, 1868 (English). By this Act (31 & 32 Vict. c. 54) (preserved by the Judicature Act, 1925, s. 224) the judgments of the superior Courts of either England, Scotland, or Northern Ireland may be enforced as judgments in either of the other two countries upon registration (in a prescribed manner) of certificate thereof in the country in which such judgments are sought to been forced. By the Inferior Courts Judgment Extension Act, 1882 (45 & 46 Vict. c. 31), the principle of this Act was, with the limitation of personal service, extended to inferior courts. See INFERIOR COURTS; IRISH JUDGMENTS.Part II. of the (English) Administration of Justice Act, 1920, makes provision of the reciprocal enforce-ment of judgments of superior courts between the United Kingdom and other parts of the Empire. The Act is limited to such parts of His Majesty's Dominions as have been included within its scope by Orders in Council; and by the (English) Foreign Judgments (Reciprocal Enforcem...

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