FOOTNOTES:

[1] A term is said to be "distributed" when it is taken universally:

in the proposition "men are mortal" (meaning "all men") the term

"men" is "distributed" while "mortal" is undistributed, because there

are mortal beings which are not men.

[2] Numerous instances, drawn from other religions besides

Christianity, are given in Professor William James's _The Varieties

of Religious Experience_ (1902).

CONVEX (Lat. _convexus_, carried round, rounded, from _con-_, with, and

_vehere_, to carry), a term for the exterior side of a curved or rounded

surface, as opposed to "concave" (Lat. _con-_, and _cavus_, hollow), the

inner surface.

CONVEYANCE, primarily the act or process of conveying anything. The verb

"to convey," now used in the senses of carrying, transporting,

transmitting, communicating or handing over, originally had the same

meaning as "convoy" (q.v.), i.e. to accompany, a meaning which still

survived in the 18th century. Like "convoy" it is ultimately derived

from the Late Lat. _conviare_ (not from _convehere_), but through the

old Norman French form _conveier_, which in central France passed into

the form _convoier_, mod. Fr. _convoyer_, whence "convoy." Apart from

the general sense given above the word conveyance is now used in three

special senses: (1) a carriage or other means of transport, (2) in law,

the transference of property by deed or writing between living persons,

and (3) the written instrument by which such transference is effected.

(See CONVEYANCING.)

CONVEYANCING, in English law, the art or science of conveying or

effecting the transfer of property, or modifying interests in relation

to property, by means of written documents.

History.

In early legal systems the main element in the transfer of property was

the change, generally accompanied by some public ceremony, in the actual

physical possession: the function of documents, where used, being merely

the preservation of evidence. Thus, in Great Britain in the feudal

period, the common mode of conveying an immediate freehold was by

_feoffment with livery of seisin_--a proceeding in which the transferee

was publicly invested with the feudal possession or _seisin_, usually

through the medium of some symbolic act performed in the presence of

witnesses upon the land itself. A deed or charter of feoffment was

commonly executed at the same time by way of record, but formed no

essential part of the conveyance. In the language of the old rule of the

common law, the immediate freehold in corporeal hereditaments lay in

livery, whereas reversions and remainders and all incorporeal

hereditaments lay in grant, i.e. passed by the delivery of the deed of

conveyance or grant without any further ceremony. The process by which

this distinction was broken down and the present uniform system of

private conveyancing by simple deed was established, constitutes a long

chapter in English legal history.

The land of a feudal owner was subject to the risk of forfeiture for

treason, and to military and other burdens. The common law did not

allow him to dispose of it by will. By the law of mortmain religious

houses were prohibited from acquiring it. The desire to escape from

these burdens and limitations gave rise to the practice of making

feoffments to the _use_ of, or upon trust for, persons other than

those to whom the seisin or legal possession was delivered. The common

law recognized only the legal tenant; but the _cestui que use_ or

beneficial owner gradually secured for his wishes and directions

concerning the profits of the land the strong protection of the

chancellors as exercising the equitable jurisdiction of the king. The

resulting loss to the crown and the great lords of the feudal dues and

privileges, coupled with the public disadvantages arising from

ownership of land which, in an increasing degree, was merely nominal,

brought about the passing in the year 1535 of the famous Statute of

Uses, the object of which was to destroy altogether the system of uses

and equitable estates. It enacted, in substance, that whoever should

have a use or trust in any hereditaments should be deemed to have the

legal seisin, estate and possession for the same interest that he had

in the use; in other words, that he should become in effect the feudal

tenant without actual delivery of possession to him by the actual

feoffee to uses or trustee: In its result the statute was a fiasco. It

was solemnly decided that the act transferred the legal possession to

the use once only, and that in the case of a conveyance to A to the

use of B to the use of or upon trust for C, it gave the legal estate

to B, and left C with an interest in the position of the use before

the statute. Thus was completed the foundation of the modern system of

trusts fastened upon legal estates and protected by the equitable

doctrines and practice of the judicature.

But the statute not only failed to abolish uses: it also opened the

way to the evasion of the public ceremony of livery of seisin, and the

avoidance of all notoriety in conveyances. Other ways, besides an

actual feoffment to uses, of creating a use had been in vogue before

the statute. If A bargained with B, in writing or not, for the sale of

land, and B paid the price, but A remained in legal possession, the

court of chancery enforced the use or equitable interest in favour of

B. The effect of a _bargain and sale_ (as such a transaction was

called) after the statute was to give B the legal interest without any

livery of seisin. This fresh danger was met in the very year of the

statute itself by an enactment that a bargain and sale of an estate of

inheritance or freehold should be made by deed publicly enrolled. But

the Statute of Enrolments was in terms limited to estates of freehold.

It was allowed that a bargain and sale for a term, say, of one year,

must transfer the seisin to the bargainee without enrolment. And since

what remained in the bargainer was merely a reversion which "lay in

grant," it was an easy matter to release this by deed the day after.

By this ingenious device was the publicity of feoffment or enrolment

avoided, and the _lease and release_, as the process was called,

remained the usual mode of conveying a freehold, in possession down to

the 19th century.

It was not until 1845 that the modern system of transfer by a single

deed was finally established. By the Real Property Act of that year it

was enacted that all corporeal hereditaments should, as regards the

immediate freehold, be deemed to lie in grant as well as in livery.

Since this act the ancient modes of conveyance, though not abolished by

it, have in practice become obsolete. Traces of the old learning

connected with them remain, however, embedded in the modern conveyance.

Many a purchase-deed recites that the vendor is _seised_ in fee-simple

of the property. It is the practice, moreover, to convey not only "to"

but also "to the use of" a purchaser. For before the Statute of Uses, a

conveyance made without any consideration or declaration of uses was

deemed to be made to the use of the party conveying. In view of the

operation of the statute upon the legal estate in such circumstances, it

is usual in all conveyances, whether for value or not, to declare a use

in favour of the party to whom the grant is made.

In its popular usage the word "conveyance" signifies the document

employed to carry out a purchase of land. But the term "conveyancing" is

of much wider import, and comprises the preparation and completion of

all kinds of legal instruments. A well-known branch of the conveyancer's

business is the investigation of title--an important function in the

case of purchases or mortgages of real estate. With personal estate

(other than leasehold) he has perhaps not so much concern. Chattels are

usually transferred by delivery, and stocks or shares by means of

printed instruments which can be bought at a law-stationer's. The common

settlements and wills, however, deal wholly or mainly with personal

property; and an interest in settled personalty is frequently the

subject of a mortgage. Of late years, also, there has been an enormous

increase in the volume of conveyancing business in connexion with

limited joint-stock companies.

In the preparation of legal documents the practitioner is much assisted

by the use of _precedents_. These are outlines or models of instruments

of all kinds, exhibiting in accepted legal phraseology their usual form

and contents with additions and variations adapted to particular

circumstances. Collections of them have been in use from early times,

certainly since printing became common. The modern precedent is, upon

the whole, concise and businesslike. The prolixity which formerly

characterized most legal documents has largely disappeared, mainly

through the operation of statutes which enable many clauses previously

inserted at great length to be, in some cases, e.g. covenants for title,

incorporated by the use of a few prescribed words, and in others safely

omitted altogether. The Solicitors' Remuneration Act 1881, has also

assisted the process of curtailment, for there is now little or no

connexion between the length of a deed and the cost of its preparation.

So long as the draftsman adheres to recognized legal phraseology and to

the well-settled methods of carrying out legal operations, there is no

reason why modern instruments should not be made as terse and

businesslike as possible.

Contracts for sale.

It is not usual for land to be sold without a formal agreement in

writing being entered into. This precaution is due, partly to the

Statute of Frauds (S 4), which renders a contract for the sale of land

unenforceable by action "unless the agreement upon which such action

shall be brought, or some memorandum or note thereof, shall be in

writing and signed by the party to be charged therewith or some other

person thereunto by him lawfully authorized," and partly to the fact

that there are few titles which can with prudence be exposed to all the

requisitions that a purchaser under an "open contract" is entitled by

law to make. Such a purchaser may, for example, require a forty years'

title (Vendor and Purchaser Act 1874). Under an open contract a vendor

is presumed to be selling the fee-simple in possession, free from any

incumbrance, or liability, or restriction as to user or otherwise; and

if he cannot deduce a title of the statutory length, or procure an

incumbrance or restriction to be removed, the purchaser may repudiate

the contract. The preparation of an agreement for sale involves

accordingly an examination of the vendor's title, and the exercise of

skill and judgment in deciding how the vendor may be protected against

trouble and expense without prejudice to the sale. Upon a sale by

auction the agreement is made up of (1) the particulars, which describe

the property; (2) the conditions of sale, which state the terms upon

which it is offered; and (3) the memorandum or formal contract at the

foot of the conditions, which incorporates by reference the particulars

and conditions, names or sufficiently refers to the vendor, and is

signed by the purchaser after the sale. The object of the agreement,

whether the sale is by private contract or by auction, is to define

accurately what is sold, to provide for the length of title and the

evidence in support of or in connexion with the title which is to be

required except so far as it is intended that the general law shall

regulate the rights of the parties, and to fix the times at which the

principal steps in the transaction are to be taken. It is also usual to

provide for the payment of interest at a prescribed rate upon the

purchase money if the completion shall be delayed beyond the day fixed

for any cause other than the vendor's wilful default, and also that the

vendor shall be at liberty to rescind the contract without paying costs

or compensation if the purchaser insists upon any requisition or

objection which the vendor is unable or, upon the ground of expense or

other reasonable ground, is unwilling to comply with or remove. Upon a

sale by auction it is the rule to require a deposit to be paid by way of

security to the vendor against default on the part of the purchaser.

Abstract of title.

Requisitions.

The signature of the agreement is followed by the delivery to the

purchaser or his solicitor of the abstract of title, which is an epitome

of the various instruments and events under and in consequence of which

the vendor derives his title. A purchaser is entitled to an abstract at

the vendor's expense unless otherwise stipulated. It begins with the

instrument fixed by the contract for the commencement of the title, or,

if there has been no agreement upon the subject, with an instrument of

such character and date as is prescribed by the law in the absence of

stipulation between the parties. From its commencement as so determined

the abstract, if properly prepared, shows the history of the title down

to the sale; every instrument, marriage, birth, death, or other fact or

event constituting a link in the chain of title, being sufficiently set

forth in its proper order. The next step is the verification of the

abstract on the purchaser's behalf by a comparison of it with the

originals of the deeds, the probates of the wills, and office copies of

the instruments of record through which the title is traced. The vendor

is bound to produce the original documents, except such as are of record

or have been lost or destroyed, but, unless otherwise stipulated, the

expense of producing those which are not in his possession falls upon

the purchaser (Conveyancing Act 1881). After being thus verified, the

abstract is perused by the purchaser's advisers with the object of

seeing whether a title to the property sold is deduced according to the

contract, and what evidence, information or objection, in respect of

matters appearing or arising upon the abstract, ought to be called for

or taken. For this purpose it is necessary to consider the legal effect

of the abstracted instruments, whether they have been properly

completed, whether incumbrances, adverse interests, defects, liabilities

in respect of duties, or any other burdens or restrictions disclosed by

the abstract, have been already got rid of or satisfied, or remain to be

dealt with before the completion of the sale. The result of the

consideration of these matters is embodied in "requisitions upon title,"

which are delivered to the vendor's solicitors within a time usually

fixed for the purpose by the contract. In making or insisting upon

requisitions regard is had, among other things, to any special

conditions in the contract dealing with points as to which evidence or

objection might otherwise have been required or taken, and to a variety

of provisions contained in the Vendor and Purchaser Act 1874, and the

Conveyancing Act 1881, which apply, except so far as otherwise agreed,

and of which the following are the most important: (1) Recitals,

statements and descriptions of facts, matters and parties contained in

instruments twenty years old at the date of the contract are, unless

proved inaccurate, to be taken as sufficient evidence of the truth of

such facts, matters and descriptions; (2) a purchaser cannot require the

production of, or make any requisition or objection in respect of, any

document dated before the commencement of the title; (3) the cost of

obtaining evidence and information not in the vendor's possession must

be borne by the purchaser. The possibility of the rescission clause now

commonly found in contracts for the sale of real estate being exercised

in order to avoid compliance with an onerous requisition, is also an

important factor in the situation. The requisitions are in due course

replied to, and further requisitions may arise out of the answers. A

summary method of obtaining a judicial determination of questions

connected with the contract, but not affecting its validity, is provided

by the Vendor and Purchaser Act 1874. Before completion it is usual for

the purchaser to cause searches to be made in various official registers

for matters required to be entered therein, such as judgments, land

charges, and pending actions, which may affect the vendor's title to

sell, or amount to an incumbrance upon the property.

Conveyances.

When the title has been approved, or so soon as it appears reasonably

certain that it will be accepted, the draft conveyance is prepared and

submitted to the vendor. This is commonly done by and at the expense of

the purchaser, who is entitled to determine the form of the conveyance,

provided that the vendor is not thereby prejudiced, or put to additional

expense. The common mode of conveying a freehold is now, as already

mentioned, by ordinary deed, called in this case an _indenture_, from

the old practice, where a deed was made between two or more parties, of

writing copies upon the same parchment and then dividing it by an

indented or toothed line. Indenting is, however, not necessary, and in

modern practice is disused. A deed derives its efficacy from its being

sealed and delivered. It is still a matter of doubt whether signing is

essential. It is not necessary that its execution should be attested

except in special circumstances, as, e.g. where made under a power

requiring the instrument exercising it to be attested. But in practice

conveyances are not only sealed, but also signed, and attested by one or

two witnesses. The details of a conveyance in any particular case depend

upon the subject-matter and terms of the sale, and the state of the

title as appearing by the abstract. The framework, however, of an

ordinary purchase-deed consists of (1) the date and parties, (2) the

recitals, (3) the testatum or witnessing-part, containing the statement

of the consideration for the sale, the words incorporating covenants for

title and the operative words, (4) the parcels or description of the

property, (5) the habendum, showing the estate or interest to be taken

by the purchaser, and (6) any provisos or covenants that may be

required. A few words will illustrate the object and effect of these

component parts.

(1) The parties are the persons from whom the property, or some estate

or interest in or in relation to it, is to pass to the purchaser, or

whose concurrence is rendered necessary by the state of the title in

order to give the purchaser the full benefit of his contract and to

complete it according to law. It is often necessary that other persons

besides the actual vendor should join in the conveyance, e.g. a

mortgagee who is to be paid off and convey his estate, a trustee of an

outstanding legal estate, a person entitled to some charge or

restriction who is to release it, or trustees who are to receive the

purchase-money where a limited owner is selling under a power (e.g. a

tenant for life under the power given by the Settled Land Act 1882).

Parties are described by their names, addresses and occupations or

titles, each person with a separate interest, or filling a distinct

character, being of a separate part. (2) The recitals explain the

circumstances of the title, the interests of the parties in relation to

the property, and the agreement or object intended to be carried into

effect by the conveyance. Where the sale is by an absolute owner there

is no need for recitals, and they are frequently dispensed with; but

where there are several parties occupying different positions, recitals

in chronological order of the instruments and facts giving rise to their

connexion with the property are generally necessary in order to make the

deed intelligible. (3) It is usual to mention the consideration. Where

it consists of money the statement of its payment is followed by an

acknowledgment, in a parenthesis, of its receipt, which, in deeds

executed since the Conveyancing Act 1881, dispenses with any endorsed or

further receipt. A vendor, who is the absolute beneficial owner, now

conveys expressly "as beneficial owner," which words, by virtue of the

Conveyancing Act 1881, imply covenants by him with the purchaser that he

has a right to convey, for quiet enjoyment, freedom from incumbrances,

and for further assurance--limited, however, to the acts and defaults of

the covenantor and those through whom he derives his title otherwise

than by purchase for value. A trustee or an incumbrancer joining in the

deed conveys "as trustee" or "as mortgagee," by which words covenants

are implied that the covenantor individually has not done or suffered

anything to incumber the property, or prevent him from conveying as

expressed. As to the operative words, any expression showing an

intention to pass the estate is effectual. Since the Conveyancing Act

1881, "convey" has become as common as "grant," which was formerly used.

(4) The property may be described either in the body of the deed or in a

schedule, or compendiously in the one and in detail in the other. In any

case it is usual to annex a plan. Different kinds of property have their

appropriate technical words of description. _Hereditaments_ is the most

comprehensive term, and is generally used either alone or in conjunction

with other words more specifically descriptive of the property conveyed.

(5) The habendum begins with the words "to hold," and the estate, on a

sale in fee-simple, is limited, as already mentioned, not only _to_, but

also _to the use of_, the purchaser. Before the Conveyancing Act 1881,

it was necessary to add, after the name of the purchaser, the words "and

his heirs," or "his heir and assigns," though the word "assigns" never

had any conveyancing force. But since that Act it is sufficient to add

"in fee-simple" without using the word "heirs." Unless, however, one or

other of these additions is made, the purchaser will even now get only

an estate for his life. If the property is to be held subject to a lease

or incumbrance, or is released by the deed from an incumbrance

previously existing, this is expressed after the words of limitation.

(6) Where any special covenants or provisions have been stipulated for,

or are required in the circumstances of the title, they are, as a rule,

inserted at the end of the conveyance. In simple cases none are needed.

Where, however, a vendor retains documents of title, which he is

entitled to do where he sells a part only of the estate to which they

relate, it is the practice for him by the conveyance to acknowledge the

right of the purchaser to production and delivery of copies of such of

them as are not instruments of record like wills or orders of court, and

to undertake for their safe custody. This acknowledgment and undertaking

supply the place of the lengthy covenants to the like effect which were

usual before the Conveyancing Act 1881. A trustee or mortgagee joining

gives an acknowledgment as to documents retained by him, but not an

undertaking. The foregoing outline of a conveyance will be illustrated

by the following specimen of a simple purchase-deed of part of an estate

belonging to an absolute owner in fee:--

THIS INDENTURE made the day of between A. B. of,

&c., of the one part and C. D. of, &c., of the other part WHEREAS the

said A. B. is seised (among other hereditaments) of the messuage

hereinafter described and hereby conveyed for an estate in fee simple

in possession free from incumbrances and has agreed to sell the same

to the said C. D. for L100 NOW THIS INDENTURE WITNESSETH that in

pursuance of the said agreement and in consideration of the sum of

L100 paid to the said A. B. by the said C. D. (the receipt whereof the

said A. B. doth hereby acknowledge) the said A. B. as beneficial owner

doth hereby convey unto the said C. D. ALL THAT messuage or tenement

situate &c., and known as, &c. TO HOLD the premises unto and to the

use of the said C. D. his heirs and assigns [_or_ in fee simple] And

the said A. B. doth hereby acknowledge the right of the said C. D. to

production and delivery of copies of the following documents of title

[_mentioning them_] and doth undertake for the safe custody thereof IN

WITNESS, &c.

It will be observed that throughout the deed there are no stops, the

commencement of the several parts being indicated by capital letters.

The draft conveyance having been approved on behalf of the vendor, it is

engrossed upon stout paper or parchment, and there remains only the

completion of the sale, which usually takes place at the office of the

vendor's solicitor. A purchaser is not entitled to require the vendor to

attend personally and execute the conveyance in his presence or that of

his solicitor. The practice is for the deed to be previously executed by

the vendor and delivered to his solicitor, and for the solicitor to

receive the purchase-money on his client's behalf, since a purchaser is,

under the Conveyancing Act 1881, safe in paying the purchase-money to a

solicitor producing a deed so executed, when it contains the usual

acknowledgment by the vendor of the receipt of the money. Upon the

completion, the documents of title are handed over except in the case

above referred to, and any claims between the parties in respect of

interest upon the purchase-money, apportioned outgoings, or otherwise,

are settled. The conveyance is, of course, delivered to the purchaser,

upon whom rests the obligation of affixing the proper stamp--which he

may do without penalty within thirty days after execution (Stamp Act

1891). It may be added that, subject to any special bargain, which is

rarely made, the costs of the execution by the vendor and other parties

whose concurrence is necessary, and of any act required to be done by

the vendor to carry out his contract, are borne by the vendor.

Leases.

Ordinary leases at rack-rents are not generally preceded by a formal

agreement, such as is common on a sale of land, or by an investigation

into the lessor's title. As a rule, the principal terms are arranged

between the parties, and embodied with various ancillary provisions in a

draft lease, which is prepared by the lessor's advisers and submitted to

the lessee, the ultimate form and contents of the instrument being

adjusted by negotiation. If an intending lessee desires to examine the

title he must make an express bargain to that effect, for under a

contract to grant a lease the intended lessee is not entitled, in the

absence of such express stipulation, to call for the title to the

freehold (Vendor and Purchaser Act 1874). By the Statute of Frauds all

leases, except leases for a term not exceeding three years, and at not

less than two-thirds of the rack-rent, were required to be in writing.

And now by the Real Property Act 1845, leases required by law to be in

writing are void _at law_ unless made by deed. An instrument, void as a

lease under the act, may, however, be valid as an agreement to take a

lease; and since the Judicature Act 1873, under which equitable

doctrines prevail in the High Court, a person holding under an agreement

for a lease, of which specific performance would be granted, is treated

in all branches of that court as if such a lease were already executed.

Unless otherwise agreed, a lease is always prepared by a lessor's

solicitor at the expense of the lessee; but the cost of the counterpart

(i.e. the duplicate executed by the lessee) is usually borne by the

lessor.

Assignment of leaseholds.

Upon the sale and conveyance of a leasehold property substantially the

same procedure is observed as above indicated in the case of a freehold.

A few additional points, however, may be specially mentioned. Under an

open contract the vendor cannot be called upon to show the title to the

freehold reversion (Vendor and Purchaser Act 1874; Conveyancing Act

1881). Accordingly, the abstract of title begins with the lease, however

old; but the subsequent title need not be carried back for more than

forty years before the sale. The purchaser, apart from stipulation, must

assume, unless the contrary appears, that the lease was duly granted,

and upon production of the receipt for the last payment due for rent

before completion, that all the covenants and provisions of the lease

have been duly performed and observed up to the date of actual

completion. The appropriate word of conveyance is "assign," and a

conveyance of leaseholds is generally called an assignment. The vendor's

covenants for title implied by his assigning "as beneficial owner"

include, in addition to the covenants implied by those words in a

conveyance of freehold, a covenant limited in manner above mentioned,

that the lease is valid, and that the rent and the provisions of the

lease have been paid and observed up to the time of conveyance

(Conveyancing Act 1881). Where the vendor, as is the common case,

remains liable after the assignment for the rent and the performance of

the covenants, the purchaser must covenant to pay the rent, and perform

and observe the covenants and provisions of the lease, and keep the

vendor indemnified in those respects.

Mortgages.

A mortgage is prepared by the solicitor of the mortgagee, and the

mortgagor bears the whole expenses of the transaction. It is seldom that

there is any preliminary agreement, because (1) a contract to lend money

is not specifically enforceable; and (2) inasmuch as the primary object

of a mortgagee is to have his money well secured, he is not, generally,

willing to submit to restrictions as to title or evidence of title which

might give rise to difficulty or expense in the event of a sale of the

mortgaged property. An intending mortgagor is accordingly required to

show a title easily marketable, and to verify it at his own cost. A

mortgage follows the same general form as a conveyance on sale, the

principal points of difference being that the conveyance of the property

is preceded by a covenant for the payment of the mortgage money and

interest, and followed by a proviso for reconveyance upon such payment,

and by any special provisions necessary or proper in the circumstances,

such as a covenant for insurance and repairs where the security

comprises buildings. The covenants for title implied by a mortgagor

conveying "as beneficial owner" are the same as in the case of a vendor,

but they are absolute and not qualified in the manner above pointed out.

The beneficial operation of the Conveyancing Act 1881 in shortening

conveyances is well illustrated by a modern mortgage. For, by virtue

of the act, a mortgagee by deed executed after its commencement has,

subject to any contrary provisions contained in the deed, the

following powers to the like extent as if they had been conferred in

terms: (1) a power of sale exercisable after the mortgage money has

become due (a) if notice requiring payment has been served and not

complied with for three months, (b) if any interest is in arrear for

two months, or (c) there has been a breach of some obligation under

the deed or the act other than the covenant for payment of the

mortgage money or interest; (2) a power to insure subject to certain

restrictions; (3) a power, when entitled to sell, to appoint a

receiver; and (4) a power while in possession to cut and sell timber.

The act contains ancillary provisions enabling a mortgagee upon a sale

to convey the property for such estate or interest as is the subject

of the mortgage, and to give a valid receipt for the purchase-money,

and the purchaser is amply protected against any irregularities of

which he had no notice. There are also large powers of leasing

conferred by the act upon mortgagor and mortgagee while respectively

in possession, and a power for the mortgagor, whilst entitled to

redeem, to inspect and take copies of title-deeds in the mortgagee's

possession. The elaborate provisions for all these purposes which were

formerly inserted in mortgage deeds are now omitted; but sometimes the

operation of the act is modified in certain respects. The procedure

upon a sale by a mortgagee is the same as in the case of any other

vendor. He conveys, however, "as mortgagee," these words implying only

a covenant by him against incumbrances arising from his own acts.

Settlements.

The frame of a strict settlement of real estate, which is usually made

either on marriage or by way of resettlement on a tenant in tail under

an existing settlement attaining twenty-one, has been much simplified;

but such settlements still remain the most technical and most

complicated of legal instruments. By virtue of the Settled Land Acts

1882 to 1890, tenants for life and many other limited owners have

extensive powers of sale, of leasing, and of doing numerous other acts

required in a due course of management. These powers cannot be excluded

or fettered by settlors. They are, as a rule, considered in practice to

be sufficient, and the corresponding elaborate provisions formerly

inserted in settlements are now omitted, the operation of the acts being

merely supplemented, where desirable, by some extension of the statutory

powers, in relation, e.g., to the investment and application of capital

money. To complete the statutory machinery it is desirable that persons

should be nominated by the settlement trustees for the purposes of the

acts. Since the Conveyancing Act 1881, provisions for the protection of

jointresses or persons entitled under settlements to rent charges or

annual sums issuing out of the land are no longer required, as all such

persons have now powers of distress and entry, and of limiting terms to

secure their respective interests. Terms for raising portions must

still, however, be expressly created. The Conveyancing Act 1881 also

confers large powers of management during the minorities of infants

beneficially entitled upon persons either appointed for the purpose by

the instrument or being such trustees such as are mentioned in S 42. An

estate in tail may now be limited by the use of the words "in tail"

without the words "heirs of the body" formerly necessary. And a settlor

generally conveys "as settlor," by which only a covenant for further

assurance is implied under the Conveyancing Act 1881. Personal

settlements are most often made upon marriage. The settled property is

vested in trustees, either by the settlement itself, or in the case of

cash, mortgage debts, stocks or shares, by previous delivery or

transfer, upon trusts declared by the instrument.

The normal trusts after the marriage are (1) for investment; (2) for

payment of the income of the husband's property to him for life, and

of the wife's property to her for life for her separate use without

power of anticipation whilst under coverture; (3) for payment to the

survivor for his or her life of the income of both properties; (4)

after the death of the survivor, both as to capital and income, for

the issue of the marriage as the husband and wife shall jointly by

deed appoint, and in default of joint appointment as the survivor

shall by deed or will appoint, and in default of such appointment for

the children of the marriage who attain twenty-one, or being daughters

marry, in equal shares, with the addition of a clause (called the

hotchpot clause) precluding a child who or whose issue takes a part of

the fund by appointment from sharing in the unappointed part without

bringing the appointed share into account. Then follows a power for

the trustees with the consent of the parents whilst respectively

living to raise a part (usually a half) of the share of a child and

apply it for his or her advancement or benefit. Power to apply income,

after the death of the life tenants, for the maintenance and education

of infants entitled in expectancy, is conferred upon trustees by the

Conveyancing Act 1881. The ultimate trusts in the event of there being

no children who attain vested interests are (1) of the husband's

property for him absolutely; and (2) of the wife's property for such

persons as she shall when discovert by deed, or whether covert or

discovert by will, appoint, and in default of appointment, for her

absolutely if she survive the husband, but if not, then for her next

of kin under the Statute of Distributions, excluding the husband. For

all ordinary purposes the trustees have now under various statutes

sufficient powers and indemnities. They may, however, in some cases

need special protection against liability. A power of appointing new

trustees is supplied by the Trustee Act 1893. It is usually made

exercisable by the husband and wife during their joint lives, and by

the survivor during his or her life.

Wills.

The form and contents of wills are extremely diverse. A will of,

perhaps, the commonest type (a) appoints executors and trustees; (b)

makes a specific disposition of a freehold or leasehold residence; (c)

gives a few legacies or annuities; and (d) devises and bequeaths to the

executors and trustees the residue of the real and personal estate upon

trust to sell and convert, to invest the proceeds (after payment of

debts and funeral and testamentary expenses) in a specified manner, to

pay the income of the investments to the testator's widow for life or

until another marriage, and subject to her interest, to hold the capital

and income in trust for his children who attain twenty-one, or being

daughters marry, in equal shares, with a power of advancement.

Daughters' shares are frequently settled by testators upon them and

their issue on the same lines and with the same statutory incidents as

above mentioned in the observations upon settlements; and sometimes a

will contains in like manner a strict settlement of real estate. It is a

point often overlooked by testators desirous of benefiting remote

descendants that future interests in property must, under what is known

as the rule against perpetuities, be restricted within a life or lives

in being and twenty-one years afterwards. In disposing of real estate

"devise" is the appropriate word of conveyance, and of personal estate

"bequeath." But neither word is at all necessary. "I leave all I have to

A. B. and appoint him my executor" would make an effectual will for a

testator who wished to give all his property, whether real or personal,

after payment of his debts, to a single person. By virtue of the Land

Transfer Act 1897, Part I., real estate of an owner dying after 1897 now

vests for administrative purposes in his executors or administrators,

notwithstanding any testamentary disposition.

It remains to mention that by the Land Transfer Act 1897 a system of

compulsory registration of title, limited to the county of London, was

established. (See LAND REGISTRATION.)

_Conveyancing counsel to the court_ (i.e. to the chancery division of

the High Court) are certain counsel, in actual practice as

conveyancers, of not less than ten years' standing, who are appointed

by the lord chancellor, to the number of six, under s. 40 of the

Master in Chancery Abolition Act 1852. They are appointed for the

purpose of assisting the court in the investigation of the title to

any estate, and upon their opinion the court or any judge thereof may

act. Any party who objects to the opinion given by any conveyancing

counsel may have the point in dispute disposed of by the judge at

chambers or in court. Business to be referred to conveyancing counsel

is distributed among them in rotation, and their fees are regulated by

the taxing officers.

_United States._--American legislation favours the general policy of

registering all documents in the contents of which the public have an

interest, and its tendency has been steadily towards more and more full

registration both of documents and statistics. From the early days of

the colonial era it has been customary to record wills and conveyances

of real estate in full in public books, suitably indexed, to which free

access was given. During the last decade of the 19th century, three

states--Illinois, Massachusetts, and Ohio--adopted the main features of

the Torrens or Prussian system for registering title to land rather than

conveyances under which title may be claimed. These are the

ascertainment by public officers of the state of the title to some or

all of the parcels of real estate which are the subject of individual

property within the state; the description of each parcel (giving its

proper boundaries and characteristics) on a separate page of a public

register, and of the manner in which the title is vested; the issue of a

certificate to the owner that he is the owner; the official notation on

this register of each change of title thereafter; and a warranty by the

government of the title to which it may have certified. To make the

system complete it is further requisite that every landowner should be

compelled to make use of it, and that it should be impossible to

transfer a title effectually without the issue of such a government

certificate in favour of the purchaser.

Constitutional provisions have been found to prevent or embarrass

legislation in these directions in some of the states, but it is

believed that they are nowhere such as cannot be obeyed without any

serious encroachment on the principles of the new system (_People_ v.

_Chase_, 165 Illinois Reports, 527; _State_ v. _Guilbert_, 56 Ohio State

Reports, 575; _People_ v. _Simon_, 176 Illinois Reports, 165; _Tyler_ v.

_Judges_, 173 Massachusetts Reports; 55 North-Eastern Reporter, 812;

_Hamilton_ v. _Brown_, 161 United States Reports, 256).

Conveyances which have been duly recorded become of comparatively little

importance in the United States. The party claiming immediately under

them, if forced to sue to vindicate his title, must produce them or

account for their loss; but any one deriving title from him can procure

a certified copy of the original conveyance from the recording officer

and rely on that. Equitable mortgages by a deposit of title-deeds are

unknown.

The general prevalence of public registry systems has had an influence

in the development of American jurisprudence in the direction of

supporting provisions in wills and conveyances, which, unless generally

known, might tend to mislead and deceive, such as spendthrift trusts

(_Nichols_ v. _Eaton_, 91 United States Reports, 716).

Conveyances of real estate are simple in form, and are often prepared by

those who have had no professional training for the purpose. Printed

blanks, sold at the law-stationers, are commonly employed. The lawyers

in each state have devised forms for such blanks, sometimes peculiar in

some points to the particular state, and sometimes copied verbatim from

those in use elsewhere. Deeds intended to convey an absolute estate are

generally either of the form known as _warranty deed_ or of that known

as _release deed_. The release deed is often used as a primary

conveyance without warranty to one who has no prior interest in the

land. Uniformity in deeds is rendered particularly desirable from the

general prevalence of the system of recording all conveyances at length

in a public office. Record books are printed for this purpose,

containing printed pages corresponding to the printed blanks in use in

the particular state, and the recording officer simply has to fill up

each page as the deed of similar form was filled up. One set of books

may thus be kept for recording warranty deeds, another for recording

release deeds, another for recording mortgage deeds, another for leases,

&c.

AUTHORITIES.--Davidson, _Precedents and Forms in Conveyancing_

(London, 1877 and 1885); Key and Elphinstone, _Compendium of

Precedents in Conveyancing_ (London, 1904); Elphinstone, _Introduction

to Conveyancing_ (London, 1900); Prideaux, _Precedents in

Conveyancing_ (1904); Pollock, _The Land Laws_ (London, 1896).

(S. WA.; S. E. B.)

CONVEYORS. "Conveyor" (for derivation see CONVEYANCE) is a term

generally applied to mechanical devices designed for the purpose of

moving material in a horizontal or slightly inclined direction; in this

article, however, are included a variety of appliances for moving

materials in horizontal, vertical and combined horizontal and vertical

directions. The material so handled may be conveyed in a practically

uninterrupted stream, as in the case of worms, bands and pushplate

conveyors, or elevators carrying grain or coal, &c.; or it may be

conveyed from one point to another, intermittently, that is to say in a

succession of separate loads, as happens with single bucket elevators,

furnace hoists, rope and chain haulage, and also in the case of ropeways

and aerial cableways. Some of these devices are of great antiquity,

others are of quite modern origin. The principles of their construction

are simple and easy of understanding, but by variations in the details

of their construction the engineer has adapted these few appliances to

the most varied work. At one end of the scale they may be used for such

light duties as conveying the goods purchased by a customer to the

packers and bringing them back made up into a parcel or for taking his

money to the cashier and returning the change. At the other they are

adopted for handling large quantities of heavy material at a minimum

expenditure of human labour. Coal, for instance, a more or less friable

substance, the value of which is seriously diminished by fracture, may

be mechanically handled with a minimum risk of breakage. The difficult

problem of handling the contents of gas retorts and coke ovens, and of

simultaneously quenching and conveying the glowing material, has been

solved. Perhaps an even more astonishing piece of work is the

manipulation of the iron from the blast furnace; for instance, liquid

metal is drawn from a furnace into pouring pots which in their turn

discharge it to and distribute it over a pig-iron casting machine, which

is practically a conveyor for liquid metal, consisting of a strand of

moving moulds from which the solidified pigs, after cooling in water,

are automatically removed after reaching the loading terminal over the

railway trucks. Certain types of conveyors may be made to combine

efficiently, with their primary work of transport, complex sorting,

sifting, drying and weighing operations.

_Worm Conveyors._--The worm conveyor, also known as the Archimedean

screw, is doubtless the most ancient form of conveyor. It consists of a

continuous or broken blade screw set on a spindle. This spindle is made

to revolve in a suitable trough, and as it revolves any material put in

is propelled by the screw from one end of the trough to the other. Such

conveyors have been used in flour-mills for centuries. The writer has

seen in an East Anglian mill which was over 250 years old disused screw

conveyors, probably as old as the mill, consisting of spindles of

octagonal shape, made of not too hard wood, around which a broken blade

screw was formed by the insertion at regular intervals of small blades

of hard wood (fig. 1). Modern worm conveyors usually consist of a

spindle formed of a length of wrought iron piping, to which is fitted

either a broken or continuous worm. In the former case (fig. 2) the worm

is composed of a series of blades or paddles arranged like a spiral

round the spindle; each blade is fixed, by means of its shank, in a

transverse hole in the spindle, and the shank is held in position by

being tapped and fitted with a nut. In this way is formed, out of

separate blades, a practically complete screw, technically known as a

"paddle worm." The lengths or sections of the worm run to about 8 ft.,

the various lengths being coupled by turned gudgeons, which also serve

as journals for the bearings. In the so-called continuous worm conveyors

the screw is formed of a continuous sheet-iron spiral (fig. 3).

Sometimes a narrow groove is cut in spiral form on the spindle, and in

this groove the sheet-iron spiral is secured.

[Illustration: FIG. 1.--Early Flour Mill Conveyor.[1]]

[Illustration: FIG. 2.--Paddle Worm Conveyor.]

[Illustration: FIG. 3.--Continuous Worm Conveyor.]

The _spiral_ or _anti-friction_ conveyor (fig. 4) was introduced about

1887. In this case a narrow spiral, which passes concentrically round

the spindle, with a space between both, is fixed to it at set intervals

by small blades, each of which is itself fixed by its shank and a nut to

the spindle. The spiral may be made of almost any section, from a round

bar about 1/2 in. in diameter to L or T section, but is preferably a flat

bar. Worms are fitted into wooden or iron troughs leaving a clearance of

1/8 to 1/4 in. The spindle must be supported at suitable intervals by

bearings, preferably of the bush type. A continuous worm, being more

rigid than a paddle worm, needs fewer supports. The lid of the worm

trough should be loose, not screwed on, because in case of an

accumulation of feed through a choke in a delivery spout the paddles of

a paddle worm would be broken, or a continuous worm stripped, unless the

material could throw off the lid and relieve the worm. The ratios of the

pitch of the worm to the diameter must be regulated by the nature of the

material to be conveyed, and will vary from one-third to a pitch equal

to, or even exceeding, the diameter. The greater the pitch the larger

the capacity, but also the greater the driving power required, at the

same speed. For handling materials of greater specific gravity, such as

cement, &c., it is advisable to use a smaller pitch than for substances

of lower specific gravity, such as grain. The capacity of a continuous

worm exceeds that of either a paddle or spiral conveyor of the same

diameter, pitch and speed. As regards the relative efficiency of paddle

and spiral conveyors a series of careful tests made by the writer

indicated that, run at a slow speed the paddle worm, but at a high speed

the spiral worm, has the greater efficiency. There is of course a speed

at which the efficiency of both types is about equal, and that is at 150

revolutions per minute for conveyors 4 to 6 in. in diameter.

[Illustration: FIG. 4.--Spiral or Anti-Friction Conveyor.]

The power necessary to drive worm conveyors under normal conditions is

very considerable; a continuous worm of 18 to 20 in. diameter running at

60 revolutions per minute will convey 50 tons of grain per hour over a

distance of a hundred feet at an expenditure of 18-1/2 to 19 H.P. A

material like cement would require rather more power because of the

greater friction of the cement against the blades and the trough.

Delivery from a worm conveyor can be effected at any desired point, all

that is necessary being to cut an outlet, which should preferably be as

wide as the diameter of the worm, because the worm delivers only on its

leading side, and is practically empty on the other side, so that a

smaller outlet might only give exit to a portion of the feed, unless it

was on the leading side.

A special form of worm conveyor is the _tubular_ (fig. 5), which

consists of an iron tube with a continuous spiral fitted to its inner

periphery, or of iron or wooden tubes of square sections fitted with

fixed baffle plates inside. In working it revolves bodily on suitable

rollers. This type is more costly than the ordinary worm conveyors, and

also requires more power. Its efficiency is, moreover, easily impaired

if run at too high a speed, because the centrifugal force asserts itself

and counteracts the propulsion, which in this case is effected by

gravity. Some experiments made in 1868 by George Fosbery Lyster,

engineer of the Liverpool docks, gave convincing results (see _Proc.

Inst. Mech. Eng._, August 1869). The tubular worm conveyor is suitable

where a granular material has to be moved over a comparatively short

distance, say from one building to another on the same level, and where

no bridge is available for the installation of any other kind of

conveyor. Conveyors of this type have, however, come into use for

conveying hard and cutting substances over considerable lengths.

Ordinary worm conveyors are practically debarred from use for such

substances on account of the short life of the intermediate bearings,

which are not necessary with externally supported tubular worms.

[Illustration: FIG. 5.--Tubular Worm Conveyor.]

To sum up, worm conveyors are of the simplest construction and of small

prime cost. The terminals again are much less expensive than those of

most other kinds of conveyors. When the distance to be traversed by the

material is short, the worm conveyor has this advantage, that it is

cheaper than other kinds of conveyors. If it be desired not only to

convey but also to mix two or more materials, such as cement and sand in

a dry state, or poultry food, this appliance is thoroughly well adapted

for the work. On the other hand, there is a grinding action exercised on

any material conveyed, and when hard or cutting substances are handled

the wear and tear on the conveyor blades, trough and bearings is very

great, and the power absorbed by a worm conveyor is a sensible item.

_Band Conveyors._--The inventor of band conveyors for the handling of

grain and minerals was G. F. Lyster, who, as already mentioned, in 1868

carried out exhaustive experiments at the Liverpool docks, where he

established the band conveyor as a grain-handler. For granaries the band

conveyor is an ideal appliance. Its capacity is great, and it can be run

at relatively high speeds with a moderate expenditure of power. The band

conveyor of to-day is an endless belt of canvas or more often

india-rubber with insertion, and when fitted with the usual receiving

and delivery appliances can be used to handle grain from or into

granaries and also to feed bins or sections of a warehouse. The endless

bands run over terminal pulleys, and are also supported on their way by

a series of guide rollers, which are in greater number on the loaded

than on the empty strand. The band is usually run quite flat, except

that at the point or points where the grain is fed on it is slightly

hollowed for a few feet, by means of two curving rolls which are set

obliquely so as to make it trough-shaped. The supporting or guide

rollers are 4 in. to 6 in. in diameter, and are sometimes made of wood,

but more often consist of steel tubes to which spindles with conical end

gudgeons are secured. The gudgeons generally run in suitable

bush-bearings, which should be well lubricated. Band conveyors should be

driven on the delivery and not the receiving terminal, as the tight side

of the band is the flattest. The guide rollers, for ordinary grain

conveyors, are fitted to the upper or working side of the band at

intervals of about 6 ft., and at distances of 12 ft. on the lower or

return strand. In cases where both strands of the band are used for

carrying grain, the lower strand must be supported by as many rollers as

the upper. Under such conditions, terminal pulleys must be of larger

diameter than usual, the object being to throw the two strands farther

apart, so as to give sufficient space between the two strands to spout

the feed in and out again at the other end. The two strands can be run

any distance apart by the use of two additional pulleys for the

terminals. This arrangement would be in place where it was desired, as

it might be, to run one strand of the band along the top floor of the

granary to distribute, while the other strand travelled along the

ground-floor or basement to withdraw, the grain.

[Illustration: FIG. 6.--Throw-off Carriage for Band Conveyor.]

Band conveyors are kept tight, when the band is not very long, by a

tightening gear, similar to that used on elevators, and consisting of

two screws which push or better pull the two pedestals of one terminal

pulley farther away from the other terminal. If the band is of such

length that an adjustment of 4 to 5 ft. on the tightening gear is not

sufficient, it is advisable to use in place of screws a tightening

pulley, over which the belt passes, but which is itself held in

tension by weights. The choice of the exact tightening gear will

depend on various considerations, the length of the belt, the type of

throw-off carriage used, and the quality of the belt all being factors

to be considered. The throw-off carriage (fig. 6), which serves to

withdraw material from the band at any desired point, is a simple but

ingenious appliance consisting essentially of guide pulleys which by

raising one part of the band and lowering the other have the effect of

causing the grain to quit the surface of the band at the point where

it is deflected upwards. The grain is thus cast clear of the band, and

into the air, being caught as it falls in a hopper and spouted in any

desired direction. Throw-off carriages differ in certain details, but

the principle is the same. For feeding a band conveyor it is important

to give the material a horizontal velocity, approaching that of the

band. The grain should therefore be fed through a spout rather less in

breadth than half of the width of the band, and set at an incline of

42-1/2 deg. to the horizontal. Band conveyors run at a speed of 400 to

600 ft. per minute, according to the nature of the material; oats, for

instance, would be liable to be blown off the band at a speed in

excess of 500, which would be suitable for wheat. Nuts, maize and the

heavier seeds could be carried at 600. The power consumption by a

grain-laden band compares favourably with any other form of conveyor.

An 18-in. band 100 ft. in length running 500 ft. per minute would

carry 50 tons per hour at an expenditure of only 4.5 H.P.

While the band conveyor is an ideal conveyor in warehouses and mills, it

is also capable of rendering good service in handling such heavy

materials as coal and minerals. Of course for such purposes the band and

its fittings must be of much more substantial construction. The central

portions of the band carrying the load, being subjected to great wear

and tear, are often made of solid india-rubber extending to nearly half

the thickness of the band in the middle, and tapering off towards the

edges, while the surface facing the guide rollers is of insertion coated

with india-rubber. Bands properly prepared and stretched will bear a

strain of 3 tons to the square inch. Balata bands may be used in place

of india-rubber, but though less expensive are not so lasting. Bands

that have to carry coal or minerals are usually curved along the entire

length of the upper or loaded strand into a trough shape by guide

rollers (fig. 7). Bands of woven wire are sometimes used with

coal-washing plants, but have the disadvantage of lack of durability.

They are more liable to stretch and are high in price. They may be run

as high as about 600 ft. per minute, but to ensure proper grip-driving

terminals must either be faced with leather or made of wood.

[Illustration: FIG. 7.]

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