CONVEYANCING ACT 1881

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CONVEYANCING ACT 1881 - SECT 9



9.(1) Where a person retains possession of documents, and gives to another an
acknowledgment in writing of the right of that other to production of those
documents, and to delivery of copies thereof (in this section called an
acknowledgment), that acknowledgment shall have effect as in this section
provided.

(2) An acknowledgment shall bind the documents to which it relates in the
possession or under the control of the person who retains them, and in the
possession or under the control of every other person having possession or
control thereof from time to time, but shall bind each individual possessor or
person as long only as he has possession or control thereof; and every person
so having possession or control from time to time shall be bound specifically
to perform the obligations imposed under this section by an acknowledgment,
unless prevented from so doing by fire or other inevitable accident.

(3) The obligations imposed under this section by an acknowledgment are to be
performed from time to time at the request in writing of the person to whom an
acknowledgment is given, or of any person, not being a lessee at a rent,
having or claiming any estate, interest, or right through or under that
person, or otherwise becoming through or under that person interested in or
affected by the terms of any document to which the acknowledgment relates.

(4) The obligations imposed under this section by an acknowledgment are

(i)An obligation to produce the documents or any of them at all reasonable
times for the purpose of inspection, and of comparison with abstracts or
copies thereof, by the person entitled to request production or by any one by
him authorized in writing; and

(ii)An obligation to produce the documents or any of them at any trial,
hearing, or examination in any court, or in the execution of any commission,
or elsewhere in the United Kingdom, on any occasion on which production may
properly be required, for proving or supporting the title or claim of the
person entitled to request production, or for any other purpose relative to
that title or claim; and

(iii)An obligation to deliver to the person entitled to request the same true
copies or extracts, attested or unattested, of or from the documents or any of
them.

(5) All costs and expenses of or incidental to the specific performance of any
obligation imposed under this section by an acknowledgment shall be paid by
the person requesting performance.

(6) An acknowledgment shall not confer any right to damages for loss or
destruction of, or injury to, the documents to which it relates, from whatever
cause arising.

(7) Any person claiming to be entitled to the benefit of an acknowledgment may
apply to the Court for an order directing the production of the documents to
which it relates, or any of them, or the delivery of copies of or extracts
from those documents or any of them to him, or some person on his behalf; and
the Court may, if it thinks fit, order production, or production and delivery,
accordingly, and may give directions respecting the time, place, terms, and
mode of production or delivery, and may make such order as it thinks fit
respecting the costs of the application, or any other matter connected with
the application.

(8) An acknowledgment shall by virtue of this Act satisfy any liability to
give a covenant for production and delivery of copies of or extracts from
documents.

(9) Where a person retains possession of documents and gives to another an
undertaking in writing for safe custody thereof, that undertaking shall impose
on the person giving it, and on every person having possession or control of
the documents from time to time, but on each individual possessor or person as
long only as he has possession or control thereof, an obligation to keep the
documents safe, whole, uncancelled, and undefaced, unless prevented from so
doing by fire or other inevitable accident.

(10) Any person claiming to be entitled to the benefit of such an undertaking
may apply to the Court to assess damages for any loss, destruction of, or
injury to the documents or any of them, and the Court may, if it thinks fit,
direct an inquiry respecting the amount of damages, and order payment thereof
by the person liable, and may make such order as it thinks fit respecting the
costs of the application, or any other matter connected with the application.

(11) An undertaking for safe custody of documents shall by virtue of this Act
satisfy any liability to give a covenant for safe custody of documents.

(12) The rights conferred by an acknowledgment or an undertaking under this
section shall be in addition to all such other rights relative to the
production, or inspection, or the obtaining of copies of documents as are not,
by virtue of this Act, satisfied by the giving of the acknowledgment or
undertaking, and shall have effect subject to the terms of the acknowledgment
or undertaking, and to any provisions therein contained.

(13) This section applies only if and as far as a contrary intention is not
expressed in the acknowledgment or undertaking.

(14) This section applies only to an acknowledgment or undertaking given, or a
liability respecting documents incurred, after the commencement of this Act.

Rent and benefit of lessees covenants to run with reversion.
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Northern Irish Legislation

CONVEYANCING ACT 1881 - SECT 9
