§§ 23,24. necessary, and that the other provisions of sections 3, 4, and 5, have been complied with. Appeal by special case from the County Court. Recovery sation. (4) Under the above-mentioned County Court Order, “ all rules for the time being in force regulating the conduct of appeals by way of special case shall apply to appeals from the Judge to the High Court of Justice, so far as circumstances will permit" (rule 8). The rules as to appeal by special case are contained in the County Court Rules, 1875, Order XXIX. Any party dissatisfied with the judgment, order or direction of the Court in point of law, or upon the admission or rejection of evidence, may, before the rising of the Court on the day on which the judgment is pronounced, deliver to the registrar a statement in writing, signed by him, his counsel or solicitor, containing the grounds of dissatisfaction. The party dissatisfied may however appeal on grounds different from those contained in such statement, and although he shall not have delivered any such statement. If no such statement is delivered, the successful party may proceed on the judgment, unless the Judge shall otherwise order (rule 1). Ten days' notice of appeal (exclusive of the day of trial) must be given in writing, signed by the appellant, his solicitor or, agent, stating the grounds of appeal, and must be served by post or otherwise on the registrar, as well as on the successful party. Security for the costs of the appeal, and, if it is the defendant who is appealing, for the amount of the judgment, must be given within the ten days specified for giving notice of appeal. The case for appeal is prepared by the appellant, and must be presented to, and signed and sealed by the Judge. When the parties do not agree on the form of the case, it is to be settled by the Judge. It must be transmitted to the High Court within five days after it has been signed and sealed, and notice of such transmission must be given to the successful party within the same time. See Pitt-Lewis' County Court Practice, p. 551, for further particulars as to the procedure on appeal by special case. See Forms 35, 36, 37, 38. 24. Where any money agreed1 or awarded or of compen ordered on appeal to be paid for compensation, costs, or otherwise, is not paid within fourteen days after the time when it is agreed or awarded or ordered to be paid, it shall be recoverable, upon order made by the judge of the county court, as money ordered by a county court under its ordinary jurisdiction to be paid is recoverable.3 (1) See sect. 8. " "Substi tuted " compensation. (2) The application for this order may possibly give an opportunity for bringing forward the question of compensation substituted under sects. 3, 4, or 5, for that under the Act, and of discussing the fairness or reasonableness of an agreement, if necessary; but see sect. 23, note (2), also sect. 17, note (1), and the Introduction, p. 6. (3) Money ordered to be paid by a County Court under its ordinary jurisdiction is recoverable by execution against the goods of the debtor, by the attachment of debts in the hands of third parties called garnishees, or by the imprisonment of the debtor for any term not exceeding six weeks for default in payment of any debt or instalment of any debt in pursuance of any order or judgment of the Court. 88 24, 25, 28. How money ordered to be paid by a County Court is recover able. ment of 25. Where a landlord or tenant is an infant without Appointa guardian, or is of unsound mind, not so found by in- guardian quisition, the county court, on the application of any person interested, may appoint a guardian of the infant or person of unsound mind for the purposes of this Act, and may change the guardian if and as occasion requires.1 (1) The procedure under this and the following section will be the same as in ordinary actions in the County Court. See Pitt-Lewis' County Court Practice, p. 1031; Order XXXVIII. of the County Court Rules, 1875. married women. 26. Where the appointment of a person to act as the Provisions next friend of a married woman is required for the respecting purposes of this Act, the county court may make such appointment, and may remove or change that next friend if and as occasion requires. A woman married before the commencement of the Married Women's Property Act, 1882,1 entitled for her separate use to land, her title to which accrued before such commencement as aforesaid, and not restrained from anticipation, shall, for the purposes of this Act, be in respect of land as if she was unmarried. Where any other woman married before the commencement of the Married Women's Property Act, 1882, is desirous of doing any act under this Act in respect of land, her title to which accrued before such commencement as aforesaid, her husband's concurrence shall be requisite, and she shall be examined apart from him by 45 & 46 Vict. c. 75. §§ 26, 27, 28. The Married Costs in Service of notice, &c. the county court, or by the judge of the county court for the place where she for the time being is, touching her knowledge of the nature and effect of the intended act, and it shall be ascertained that she is acting freely and voluntarily. (1) A married woman, by the Married Women's Property Act, 1882 (a), is, from the commencement of that Act (1st January, 1883), capable of acquiring, holding, and disposing, by will or otherwise, of any real or personal property, as if she were a feme sole (sect. 1, sub-sect. (1)), and every woman marrying after the commencement of the Act is entitled to have and to hold, as her separate property, and to dispose of in manner aforesaid, all real and personal property which shall belong to her at the time of marriage, or shall be acquired by or devolve upon her after marriage (sect. 2). And every woman married before the commencement of the Act is entitled to have and to hold, and to dispose of in manner aforesaid as her separate property, all real and personal property, her title to which should accrue after the commencement of the Act (sect. 5). 27. The costs of proceedings in the county court under this Act shall be in the discretion of the court. The Lord Chancellor may from time to time prescribe a scale of costs for those proceedings, and of costs to be taxed by the registrar of the court. 28. Any notice, request, demand, or other instrument under this Act may be served on the person to whom it is to be given, either personally or by leaving it for him at his last known place of abode in England, or by sending it through the post in a registered letter addressed to him there; and if so sent by post it shall be deemed to have been served at the time when the letter containing it would be delivered in ordinary course; and in order to prove service by letter it shall be sufficient to prove that the letter was properly addressed and posted, and that it contained the notice, request, demand, or other instrument to be served. (a) 45 & 46 Vict. c. 75. Charge of Tenant's Compensation. 8 29. landlord on tion to 29. A landlord, on paying to the tenant the amount Power for due to him in respect of compensation under this Act, paying or in respect of compensation authorised by this Act to compensabe substituted for compensation under this Act, or on obtain expending such amount as may be necessary to execute charge. an improvement under the second part of the First Schedule hereto, after notice given by the tenant of his intention to exccute such improvement in accordance with this Act, shall be entitled to obtain from the county court a charge on the holding, or any part thereof, to the amount of the sum so paid or expended.1 The court shall, on proof of the payment or expenditure, and on being satisfied of the observance in good faith by the parties of the conditions imposed by this Act, make an order charging the holding, or any part thereof, with repayment of the amount paid or expended, with such interest, and by such instalments, and with such directions for giving effect to the charge, as the court thinks fit.2 But, where the landlord obtaining the charge is not absolute owner of the holding for his own benefit, no instalment or interest shall be made payable after the time when the improvement in respect whereof compensation is paid will, where an award has been made, be taken to have been exhausted according to the declaration of the award, and in any other case after the time when any such improvement will in the opinion of the Court, after hearing such evidence (if any) as it thinks expedient, have become exhausted. The instalments and interest shall be charged in favour of the landlord, his executors, administrators, and assigns. The estate or interest of any landlord holding for an estate or interest determinable or liable to forfeiture by reason of his creating or suffering any charge thereon shall not be determined or forfeited by reason of his obtaining a charge under this Act, anything in any § 29. deed, will, or other instrument to the contrary thereof notwithstanding. 45 & 46 Capital money arising under the Settled Land Act, Vict. c. 38. 1882,3 may be applied in payment of any moneys expended and costs incurred by a landlord under or in pursuance of this Act in or about the execution of any improvement mentioned in the first or second parts of the schedule hereto, as for an improvement authorised by the said Settled Land Act; and such money may also be applied in discharge of any charge created on a holding under or in pursuance of this Act in respect of any such improvement as aforesaid, as in discharge of an incumbrance authorised by the said Settled Land Act to be discharged out of such capital money. "As the Court thinks fit." Modes in which capital money may arise under the Settled Land Act, 1882. (1) The provisions contained in this section may be very useful to land-owners who may desire to make a charge of money expended in paying compensation for the benefit of their younger children or others. It will also facilitate the borrowing of money by landlords to pay compensation. (2) If the landlord making application for the charge is an absolute owner, the Court would probably direct the repayment to be made in such manner as seemed good to him, he being the only person affected by it. This section applies to ecclesiastical and charity lands, as well as to land belonging to private proprietors. In the case of land belonging to a benefice, the commissioners of Queen Anne's Bounty may, as well as the incumbent, obtain a charge for money paid by them in compensation (see sect. 39). The application would seem to be best made by summons, supported by an affidavit setting out the facts. It is to be remarked that the Act does not expressly require notice of the application for a charge to be served on remaindermen, or other persons interested in a settled estate. See Forms 34, 39. (3) The following are some of the principal modes by which 2. By a fine on grants or confirmations of leases (sect. 7). 4. By the sale of timber cut by a tenant for life impeachable |