This section is from the book "Real Property, An Introductory Explanation Of The Law Relating To Land", by Alfred F Topham. Also available from Amazon: The New Law Of Property.
(F) In any conveyance the following covenant by every person who conveys and is expressed to convey as trustee or mortgagee or as personal representative of a deceased person or as committee of a lunatic so found by inquisition or under an order of the Court which covenant shall be deemed to extend to every such person's own acts only (namely):
That the person so conveying has not executed or done or knowingly suffered or been party or privy to any deed or thing whereby or by means whereof the subject-matter of the conveyance or any part thereof is or may be impeached charged affected or incumbered in title estate or otherwise or whereby or by means whereof the person who so conveys is in anywise hindered from conveying the subject-matter of the conveyance or any part thereof in the manner in which it is expressed to be conveyed.
(2) Where in a conveyance it is expressed that by direction of a person expressed to direct as beneficial owner another person conveys then within this section the person giving the direction whether he conveys and is expressed to convey as beneficial owner or not shall be deemed to convey and to be expressed to convey as beneficial owner the subject-matter so conveyed by his direction and a covenant on his part shall be implied accordingly.
(3) Where a wife conveys and is expressed to convey as beneficial owner and the husband also conveys and is expressed to convey as beneficial owner then within this section the wife shall be deemed to convey and to be expressed to convey by direction of the husband as beneficial owner and in addition to the covenant implied on the part of the wife there shall also he implied first a covenant on the part of the husband as the person giving that direction and secondly a covenant on the part of the husband in the same terms as the covenant implied on the part of the wife.
(4) Where in a conveyance a person conveying is not expressed to convey as beneficial owner or as settlor or as trustee or as mortagee or as personal representative of a deceased person or as committee of a lunatic so found by inquisition or under an order of the Court or by direction of a person as beneficial owner no covenant on the part of the person conveying shall be by virtue of this section implied in the conveyance.
(5) In this section a conveyance includes a deed conferring the right to admittance to copyhold or customary land but does not include a demise by way of lease at a rent or any customary assurance other than a deed conferring the right to admittance to copyhold or customary land.
(6) The benefit of a covenant implied as aforesaid shall be annexed and incident to and shall go with the estate or interest of the implied covenantee and shall be capable of being enforced by every person in whom that estate or interest is for the whole or any part thereof from time to time vested.
(7) A covenant implied as aforesaid may be varied or extended by deed, and, as so varied or extended, shall, as far as may be, operate in the like manner and with all the like incidents, effects, and consequences, as if such variations or extensions were directed in this section to be implied.
(8) This section applies only to conveyances made after the commencement of this Act.
S. 14. (1) A right of re-entry or forfeiture under any proviso or stipulation in a lease for a breach of any covenant or condition in the lease shall not be enforceable, by action, or otherwise unless and until the lessor serves on the lessee a notice specifying the particular breach complained of and, if the breach is capable of remedy requiring the lessee to remedy the breach and in any case requiring the lessee to make compensation in money for the breach, and the lessee fails within a reasonable time thereafter to remedy the breach if it is capable of remedy and to make reasonable compensation in money to the satisfaction of the lessor for the breach.
(6) This section does not extend -
(i.) To a covenant or condition against the assigning under-letting, parting with the possession, or disposing of the land leased; or to a condition for forfeiture on the bankruptcy of the lessee or on the taking in execution of the lessee's interest or (ii.) In case of a mining lease to a covenant or condition for allowing the lessor to have access to or inspect books accounts records weighing-machines or other things or to enter or inspect the mine or the workings thereof. S. 19. (1) A mortgagee, where the mortgage is made by deed, shall, by virtue of this Act, have the following powers, to the like extent as if they had been in terms conferred by the Mortgage Deed, but not further (namely):
(i.) A power, when the mortgage money has become due, to sell, or to concur with any other person in selling, the mortgaged property, or any part thereof either subject to prior charges or not and either together or in lots, by public auction or by private contract subject to such conditions respecting title, or evidence of title, or other matter, as he (the mortgagee) thinks fit with power to vary any contract for sale and to buy in at an auction or to rescind any contract for sale, and to re-sell, without being answerable for any loss occasioned thereby; and (ii.) A power at any time after the date of the mortgage deed to insure and keep insured against loss or damage by fire any building, or any effects or property of an insurable nature whether affixed to the freehold or not being or forming part of the mortgaged property, and the premiums paid for any such insurance shall be a charge on the mortgaged property, and with the same priority, and with interest at the same rate as the mortgage money; and (iii.) A power, when the mortgage money has become due, to appoint a receiver of the income of the mortgaged property, or of any part thereof; and
(iv.) A power, while the mortgagee is in possession to cut and sell timber and other trees ripe for cutting and not planted or left standing for shelter or ornament or to contract for any such cutting and sale to be completed within any time not exceeding twelve months from the making of the contract. S. 20. A mortgagee shall not exercise the power of sale conferred by the Act unless and until -