A394
Ord. No. 62/84
Execution
of deed by corporation.
1925 c. 20, s. 74.
Rights as to
execution.
(cf. 1925 c. 20. s. 75,]
Presumption as to capacity.
Presumption as to due execution.
Reservation of rights.
Agreements,
assignments etc. by person with or to himself.
1925 c. 20, ss. 72 & 82.
CONVEYANCING AND PROPERTY
(b) states that it has been sealed; or
(c) bears any mark, impression or addition intended to be or to represent a seal
or the position of a seal.
(3) Subsection (1) applies only to documents executed after the commencement of this section.
(4) Subsection (2) applies to a document executed before or after the com- mencement of this section.
20. (1) In favour of a person dealing with a corporation aggregate in good faith, a deed shall be deemed to have been duly executed by the corporation if the deed purports to bear the seal of the corporation affixed in the presence of and attested by its secretary or other permanent officer of the corporation and a member of the corporation's board of directors or other governing body or by 2 members of that board or body.
(2) Where a person is empowered to execute a deed by a corporation, he may execute the deed as agent by signing the name of the corporation in the presence of at least one witness.
(3) Where a corporation aggregate is empowered to execute a deed by another person, an officer appointed for that purpose by the board of directors or other governing body of the corporation may execute the deed in the name of such other person; and where a deed purports to be so executed then the deed shall, in favour of a person dealing with the corporation in good faith, be deemed to have been executed by an officer duly authorized.
(4) This section applies to transactions wherever effected, but only to deeds executed after the commencement of this section; except that, in the case of powers of appointment of an officer, they apply whether the power was conferred or the appointment was made before or after the commencement of this section.
21. A person shall be entitled, at his own cost, to require that an assignment to him be executed in the presence of his agent.
22. A party to any instrument shall be presumed, until the contrary is proved, to have full legal capacity to execute that instrument, to bind himself in terms of that instrument and to dispose of or hold any property or rights assigned under that instrument.
23. An instrument appearing to be duly executed shall be presumed, until the contrary is proved, to have been duly executed.
24. A reservation of any rights or interests in land may be effected in an assignment of the land in respect of which those rights are exercisable or interests are vested and a regrant of the rights or interests reserved shall not be necessary.
25. (1) A person may, in one legal capacity, assign to, or agree or covenant with, himself in another legal capacity.
(2) An assignment, agreement or covenant-
(a) by a person to, or with, himself and another or others; or
(b) by a person and another or others to, or with, himself,
shall, unless the contrary intention is expressed and otherwise without prejudice to its effect in law, be enforceable between the parties as if that assignment, agreement or covenant were made-
(i) in the case of paragraph (a), to, or with, the other or others alone; or (ii) in the case of paragraph (b), by the other or others alone.
(3) This section shall not prevent any assignment, agreement or covenant being set aside on the grounds of fraud or breach of trust or other fiduciary relationship.
CONVEYANCING AND PROPERTY
Ord. No. 62/84
A395
(4) This section shall apply to an assignment, agreement and covenant made or entered into before or after the commencement of this section.
(5) This section shall apply to assignments, agreements and covenants relating to land and other property.
26. A person may take an immediate or other interest granted to him in land Benefits to or the benefit of any condition, right of entry, covenant or agreement granted to non-parties. him over or in respect of land, although he may not be named as a party to the 1925 c. 20,
s. 56(1). instrument.
27. (1) A deed between parties, to effect its objects, has effect as an indenture Description of
deeds. although not indented or expressed to be an indenture.
1925 c. 20, s. 56(2)
(2) A deed, whether or not an indenture, may be described as a deed simply or s. 57. according to the nature of the transaction intended to be effected.
28. Any instrument (whether executed before or after the commencement of this Supplemental section) expressed to be supplemental to a previous instrument shall be read and have instruments. effect as if the supplemental instrument contained the full recital of the previous 1925 c. 20, s. 58.
instrument.
29. (1) Where a licence or permit is granted to a lessee to do any act, the licence Effect of licences or permit, unless otherwise expressed, extends only to-
(a) the permission actually given; or
(b) the specific breach of any provision or covenant referred to; or
(c) any other matter thereby specifically authorized to be done,
and the licence or permit does not prevent any proceeding for any subsequent breach unless otherwise specified in the licence or permit.
(2) Notwithstanding any such licence or permit-
(a) any right of re-entry contained in the lease remains in full force and is available as against any subsequent breach of covenant, condition or other matter not specifically authorized or waived, in the same manner as if no licence or permit had been granted; and
(b) any right of re-entry remains in force in all respects as if the licence or permit has not been granted, except in respect of the particular matter authorized to be done.
(3) Where in any lease there is a right of re-entry on the lessee assigning, subletting or doing any other specified act without a licence or permit, and a licence or permit is granted—
(a) to any one of 2 or more lessees to do any act, or to deal with his share or
interest; or
(b) to any lessee, or to any one of 2 or more lessees to assign or underlet part
only of the land, or to do any act in respect of part only of the land,
the licence or permit does not operate to extinguish the right of re-entry in case of any breach of covenant or condition by the co-lessee of another share or interest in the land, or by the lessee of the rest of the land (as the case may be) in respect of such share or interest or remaining land, but the right of re-entry remains in force in respect of the share, interest or land not the subject of the licence or permit.
(4) This section applies to a licence or permit granted before or after the commencement of this section.
or permits granted to lessees.
1925 c. 20, s. 143.
(5) Nothing in this section shall affect the provisions of the Crown Rights (Cap. 126.) (Re-entry and Vesting Remedies) Ordinance.
30. (1) Notwithstanding the severance by assignment or otherwise of the Apportionment of reversionary estate in any land comprised in a lease, and notwithstanding the conditions on avoidance or cesser in any other manner of the term granted by a lease as to part only of the land comprised therein, every condition or right of re-entry, and every other
severance. 1925 c. 20. s. 140.
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