A.— 4.
Land Transfer.
Schedule hereto, revoke the same either wholly or as to the land specified in such notice. (2.) No power of attorney shall be deemed to have been revoked by reason only of a subsequent power of attorney being deposited without express notice as aforesaid, nor shall any such revocation take effect as to instruments executed prior to the reception of such notice by the Registrar. (3.) No power of attorney shall be, deemed to have been or to be revoked by the bankruptcy of the grantee or by the marriage of a female grantee. 162. No power of attorney made or used under this Act or any former Land Transfer Act shall be invalidated by reason of such power not having been created under seal. 163. Subject to the foregoing provisions, the provisions of the Property Law Act, 1908, relating to powers of attorney shall apply to powers of attorney made or used under this Act. Covenants implied in Instruments. 164. In every instrument charging, creating, or transferring any estate oi interest under this Act, there shall be implied the following covenants by the party charging, creating, or transferring such estate or interest to and with each and every person taking any estate or interest under such instrument — (a.) That the (implied) covenantor will do all such acts as may be necessary on his part to give effect to all covenants, conditions, and purposes expressly set forth in such instrument or by this Act declared to be implied in instruments of a like nature : (b.) That the (implied) covenantor will, at the request and cost of the person taking any estate or interest as aforesaid, ■ execute all such further instruments as may be necessary for further and better assuring and perfecting the title of such person as last aforesaid to the estate or interest expressed or intended to be granted, created, or transferred. 165. Such of the covenants set forth at length in the Sixth Schedule hereto as are intended to be implied in any instrument executed for the purpose of registration under this Act shall, if expressed in the short form of words prescribed in the said Schedule for the case of each covenant respectively, be implied in such instrument as fully and effectually as if such covenants were set forth therein at length in the words of the said Schedule with all such modifications as may be necessary in order to adapt them to the instrument. 166. (1.) Every covenant and power implied or existing in any instrument by virtue of this Act may be negatived, modified, enlarged, or extended by express declaration in such instrument or indorsed thereon. (2.) Every such covenant or power shall, subject to any such declaration as aforesaid, have the same force and effect and be enforced in the same manner as if it had been set out at length in such instrument. (3.) Where any such instrument is executed by more parties than one, such covenants as are by virtue of this Act therein implied or existing shall be construed to be several, and also to bind the parties or any two or more of them jointly.
Seal unnecessary. 1908, No. 99, s. 163
The Property Law Act to apply. lb., s. 164
Covenants for further assurance implied. lb., s. 165
Short covenants, form of. lb., s. 166
Implied covenants may be negatived, &c. lb., s. 167
Covenants to apply jointly and severally.
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