sons in tail, in order of seniority, with remainders over. Now, until A. had a son who attained twenty-one, the fee was inalienable, since A. had only a life estate, and till his son attained twenty-one he was a minor, and as such unable to alienate his fee tail. Even after the son attained that age, A. (if living) was protector of the settlement, and without his consent the son could create nothing but an unmarketable base fee. Meanwhile, the son had no benefit out of the settled land. On the son's coming of age then, or at any rate on his marriage, he and A. entered into an arrangement by which, in consideration of an annuity or some allowance, the son joined A. in docking the entail and resettling the land; A. taking a life estate by way of restoration of his estate, the son taking a life estate in succession to his father's, and the remainder being limited in fee tail upon the son's children, and, in default of children, on his brothers as before.

This custom led to many economic and other mischiefs, by preventing the grant of long leases for building and mining, and the sale out and out of the settled land by owners unwilling or unable to develope it. These mischiefs were in many cases mitigated by means of clauses introduced into the settlement, giving the life tenant large powers to deal with the settled land. But in too many cases the settlor, more anxious to preserve his ancestral acres in his family's hands than to promote the public welfare, refused to have such clauses in the settlement. In consequence, several statutes were passed conferring powers on life tenants under settlements. Of these the only one which need now be mentionedbesides the Acts we are discussing-is the Settled Estates Act, 1877 (z).

That Act proceeded on the plan of giving the tenant for life in possession the powers of an almost absolute owner

(2) 40 & 41 Vict. c. 18.

over the settled land. He could grant long leases of it, and easements over it, and could sell it. But he held these powers as a trustee for every one interested under the settlement. The money that resulted from the exercise of the statutory powers was not his, but money held upon trust subject to the same limitation as had bound the settled land. The defect of the Act was, that it required the consent or order of the Court to the exercise by the life tenant of his powers, as well as the concurrence of many of the parties interested under the settlement. It is superseded (but not repealed) by the Settled Land Acts, 1882-1890; and its chief practical importance now lies in the fact, that a tenant in dower is a life tenant under it (sect. 46), and entitled to exercise the powers of a life tenant given by it, while she is not a life tenant within the Settled Land Acts.

The Settled Land Acts proceed much on the same. lines; but they do not make the exercise of the tenant. for life's powers generally subject to the consent of the Gourt or of the persons interested under the settlement. Save in a few specified cases, he is entitled to exercise them freely, subject only to his giving general notice of his intention to do so to the trustees of the settlement. The trustees have no right to interfere with his exercise of them, unless he is exercising them in an improper manner. It is then their duty to apply to the Court to restrain such exercise. The money resulting from their exercise, called capital money, is invested in their names or used for purposes prescribed by the Act. In the first case, the limitations affecting the land are transferred to the investments. In the second, the settled land is benefited to the extent of the value of the capital money. The tenant is a trustee of his statutory powers (zz), and is required to exercise them for the benefit of all entitled under the settlement. In this way it is attempted to preserve the system of strict settlement, while at the same

(zz) S. L. A. 1882, s. 53.

time giving the same facility for transfer and improvement of the settled lands as would result from forbidding settlements of land altogether.

With these words of explanation as to the object and plans of the Acts, we will now proceed to a consideration of their numerous and elaborate provisions. These seem to fall naturally into two divisions, the first general provisions which relate to all the tenant can do under the Acts, the second particular provisions, which relate to the exercise by him of any particular power given by them.

In referring shortly to the Acts, we will as a rule give merely the section, where it is in the principal Actthat of 1882; where we cite from the amending Acts we will place before the section the letters S. L. A., with the year of the Act cited.

General Provisions.

LAND AND SETTLEMENT.-Land in the Act includes incorporeal hereditaments and an undivided share in land (a). (See sect. 2 (40)). A settlement is defined as any deed, will, or other instrument, or number of instruments, whether dated before or after the commencement of the Settled Land Act, 1882 (1st January, 1883), or partly before and partly after such commencement, by which any land or interest in land stands for the time being limited to or in trust for any persons by way of succession (b). And a remainder or reversion not disposed of by the settlement, and reverting to the settlor or descending to the settlor's heir, is deemed to be within the settlement (sect. 2 (2)). Settled land is land, and any. estate or interest therein, which is the subject of a settle. ment, regard being had to the state of facts and the limitations at the time of the settlement (sect. 2). And it includes

(a) Cooper v. Belsey, [1899] 1 Ch. 639.

(b) Re Pocock and Prankerd's

Contract, [1896] 1 Ch. 302; Re Munday and Roper's Contract, [1899] 1 Ch. 275.

for the purpose of the Act land to which an infant is entitled in fee simple, or for the whole estate (sect. 59). ;

TENANT FOR LIFE.-Tenant for life is to include, for the purposes of the Acts, not merely the person entitled beneficially for his life (whether subject to any incumbrance or not) (c) to the possession or to the receipts of the rents and profits of the land, but also two or more persons entitled as co-tenants for life to such possession or receipt (sect. 2 (6)), and also the following persons (when entitled to such possession or receipt) viz., persons entitled to (1) a fee-simple defeasible, (2) to a base fee, (3) to an estate for years (not being a lease at a rent) determinable with life, (4) to an estate pur a auter vie, (5) to a defeasible life estate, (6) to an estate by the curtesy, (7) to an estate tail generally (whether the reversion thereon is in the Crown or not), (8) to an estate tail after possibility of issue extinct, (9) and an infant tenant in fee or for the whole estate in the land (sect. 60). But the phrase "tenant for life" is not to include (even when they are in such possession or receipt as aforesaid), (1) a dowress, (2) or a tenant in tail of lands purchased with moneys provided by Parliament in consideration of public services (sect. 58).

Where the tenant for life is an infant, then, during his infancy (if a male), or during her infancy and discoverture (if a female), the trustees of the settlement and, failing any, the nominees of the Court, are to act for him or her (sect. 60). A married woman, (being or being deemed a tenant for life,) exercises her powers as regards her estate, not being separate, in conjunction with her husband, and as regards her separate estate as a feme sole, and is not (for any of the purposes of the Act) restrained by even an express restraint on anticipation (sect. 61). A lunatic so found by inquisition (being or being deemed a tenant for life), acts by his or her committee, with the sanction of

(c) Re Jones, (1884) 26 Ch. D. 736.

the Lord Chancellor or Lords Justices sitting in lunacy (sect. 62) (d); but a lunatic not so found cannot so act (save for the purposes of leases), the Lunacy Act, 1890, ss. 116, 120, 128, being inapplicable (save as regards leases) (e) to any of the purposes of the Settled Land Acts.

TRUSTEES OF THE SETTLEMENT.-For the purposes of the Acts the following persons are trustees of the settlement:

1. Trustees (if any) under the settlement, with an immediate power of sale or with power to approve or consent to a sale of the settled land (sect. 2 (8) ).

2. Failing these, then the persons (if any) who by the settlement are declared to be trustees for the purposes of the Acts (sect. 2 (8)).

3. Failing these, trustees (if any) under the settlement with power of or upon trust for sale, or with power to consent to sale of any other land comprised in the settlement and subject to the same limitations (ƒ) (S. L. Act, 1890, s. 16).

4. Failing these, trustees (if any) under the settlement with a future or contingent power of or trust for sale, or power to consent to the sale of the settled land (S. L. Act, 1890, s. 16).

5. Failing these, the Court will appoint proper persons to be trustees for the purposes of the Acts (sect. 38).

CHARACTER OF TENANT'S POWERS. The following are the chief characteristics of the powers conferred upon the life tenant by the Acts.

1. Compulsory. They are in their nature compulsory, that is, the Acts confer them on the tenant, whether the settlor wishes him to have them or not. Anything in the settlement excluding, or purporting to exclude, or tending to exclude, the powers given by the Act to the tenant for

(d) Re Martha Baggs, [1894] 2

Ch. 416 n.

(e) Re Salt, [1896] 1 Ch. 117.

(f) Re Garnett Orme and Hargreave's Contract, (1883) 25 Ch. D. 595.