Queen Anne’s Bounty Act 1838 (repealed)

22 Definition of the word “grant” in conveyances, &c.U.K.

In all such conveyances and grants made for valuable consideration for the augmentation of any small living or cure, the word “grant” shall, where the grantors or grantor at the time of such conveyances or grants had or claimed to have a beneficial interest in the premises conveyed, granted, or charged operate as and be construed and adjudged in all courts of judicature to be an express covenant to or with the grantees or grantee their or his successors and assigns, by or from the grantors or grantor, their, his, or her successors, heirs, executors, and administrators, that, notwithstanding any act of the said grantors or grantor or their or any of their ancestors, to the contrary, the said grantors or grantor were or was at the time of the execution of such conveyances or grants seised or possessed of, and had full power and authority to grant and convey or to charge, the lands or premises thereby granted or charged, for an indefeasible estate of inheritance in fee simple, or otherwise for such estate or interest as therein expressed, free from all incumbrances, and notwithstanding any such Act as aforesaid, the grantees or grantee, their or his successors and assigns, shall quietly enjoy such lands and premises, or such rentcharge, as the case may be against all persons whomsoever claiming or to claim by, from, under, or in trust for such grantors or grantor, or, by, from, under or in trust for their or any of their ancestors, and be indemnified and saved harmless by the said grantors or grantor, their, his, or her successors, heirs, executors, and administrators, from all incumbrances whatsoever made or created by such grantors or grantor, or any of them, or their or any of their ancestors, and also for further assurance, at the expence of the grantees or grantee, their or his successors or assigns, of such lands and premises, or of such rentcharge by the said grantors or grantor, and all persons claiming under them, him, or her, unless and except and so far as the same shall be restrained or limited by express particular words contained in such conveyances and grants; but where the said grantors or grantor at the time of such conveyances or grants were or was bare trustees or a bare trustee only of the premises thereby conveyed or granted, the word “grant” shall operate as and be construed and adjudged to be an express covenant with the grantees or grantee, their or his successors and assigns, by or from the grantors or grantor, their, his, or her heirs, executors, and administrators, that such grantors or grantor had done no act to incumber the premises thereby conveyed or granted: and the grantees or grantee, their or his successors and assigns, shall and may in all actions to be brought assign breach or breaches of covenant as they might do in case such covenants were expressly inserted in such conveyances and grants.