Nevill Minor Abstracts 186970 JPEG

24 3h Confirmation operating to strength— en & confirm a voidable estate 4h Defeasance Operating to defeat an estate by a condition subsequent contained in a separate instrument {5h Agreement} 5h Assignment Operating to trans— fer an existing estate for life or years. 2f Conveyances by effect of Statutes wh con 1g Conveyances operating under the Statutes of uses 2 Bl Com 327. 1 Lom Dig: 168 &c 2 Do 126 &c V.C. Ch 116, S. 14 To transfer (constructively) the possession to him who has the use wh: con: 1h Conveyances under the Statute of uses operating with transmutation of possession e.g. Feeoffment to feoffer to use of cestui que use 2h Conveyances under the statute of uses operating without transmutation of possession. wh: con 1i Bargain & Sale Owner agrees that for valuable con— sideration {that} he will stand seized for use of bargainer

25 If use is truly raised in Bargaince & Statute transfers possession of land to him. 2i Covenant to stand seised. Owner covenants that in consideration of natural law & affection he will stand seised to use of covenants. A use is thereby raised in Cove— nance and Statute transfers possession of land to him. 3i Lease & Release Lease is a Bargain & Sale for a year & when lease is thereby put construc— tively into possession of the land Release is executed by the owner operating by way of enlarging lessee's estate as of Common law 2g Conveyances operating under the Statutes 8 & 9 Victoia. All lands as to the im— mediate freehold thereof are declared to be in grant as (...) as in livery V.C. Ch 116. S. 41 3g Conveyances operating under the Statutes respecting the Common— wealth's grant of waste and unappropriated lands V.C. Ch 52 Id. Ch 113. 20

26 5e The manner of Executing con— veyances, wh: con: 1f Modes of Execution & Authentication (for Registry) where the grantor is sui juris. VC. Ch 118. S. 5. Id. Ch 121 S. 23 2f Mode of Execution & Authen— tication (for Registry) where Grantor is married woman V.C. Ch 121. 8. 4. wh: con. 1g Instruments must be a Conveyance of lands & Chattels 2g Husband & wife must be both present & both must sign it 3g Wifes Coverture alone & no other disability is obviated 4g Wife's acknowledgement must be accompanied by certain ceremonies. wh: con: 1h (...) Examination apart from her hus— band. 2h Having the writing fully Explained to her. 3h Acknowledgment that the writing is her act 4 Declaration that she willingly Executed it and does not wish to retract 5g Registry of writing 6e The most usual forms of conveyance 2 Bl. Com. Append. 441. [Gro..d]: Forms 294 &c Tate & (...) Amer: Form 186 &c 7e Registry of Conveyances &c wh: con:

27

1g Nature & objects of Registry 2f Several classes of persons assigned to {ber} be particularly protected By the Registry policy. All creditors and subsequent purchasers for value and without notice. 3t Several classes of Assurances which are required to be Registered. wh: con. 1g Contracts of Marriage Settlement whether embracing lands or chattels VC. Ch 118. S. 4 2g Contracts to convey an estate or any term therein for more than four years VC 118. S. 4 3g Actual conveyances of lands or any term therein Exceeding five years VC 118. S. 5. 4g Deeds of Gift of chattels or Deeds of Trust or Mortgage of lands or chattels VC 118. S. 5. 5g Mechanic's leins VC. Ch 119. S. 2 6g Partitions of lands & Assignments of Dowery and recovery of {land by recoveries} land by Judgement or decree V.C. 163. S15

28 7g Judgements as Decrees for money V.C. Ch 186. S 4.6.8 8g Lis [Pend...] and Attachments V.C. 186. S.5. 2a Coveyances by matter of Record wherein consider 1e Private act of Legislature wh: con. 1t Cases wherein private acts are used as a mode of assurance 2 Bl Com 344 wherein consider 1g Cases of Entanglements of title by reason of Contingent Remainders Resultory Trusts Executory Limitations &c so that owner can neither sell nor adequately enjoy the estate 2g Leases {which} wherein Life Tenant in family settlements is abridged of some needful power E.g. That of making leases &c Except for life 3g Cases of family settlements To guard against contingent claims of infants &c or persons not yet in being or not definitely ascertained [Drawing of hand pointing to text] In VA private acts not much used since the abolition of Estate