in the Act, which are similar in effect to the obligations imposed by the usual covenants for the production of deeds and for their safe custody. The result has been in practice to substitute the statutory form of acknowledgment and undertaking for the lengthy form of covenants previously in use.

Sub-section 3 of section 10 of the Conveyancing Act, 1881, provides that Duration of where land has become subject to an express trust for sale such trust is, so far as trust for sale. regards the protection of any purchaser thereunder, to be deemed to be subsisting until the land has been conveyed to or under the direction of the persons interested in the proceeds of sale (a).

discharge.

The Act of 1881 also provides by section 54 that a receipt in the body of the Receipt in deed shall be a sufficient discharge for the consideration money, and, section 56, body of deed makes the production of the deed with a receipt in the body thereof by a solicitor sufficient sufficient authority for the payment to him of the consideration money. This provision is by section 17 of the Trustee Act, 1893, extended to the case of a solicitor producing the deed on behalf of trustees. Again, the Act of 1881 renders Unnecessary it unnecessary to mention the heirs, executors, administrators, or assigns of a to mention covenantor or covenantee, or the survivors or survivor of several covenantees, or the heirs, &c., of the survivor, or their or his assigns, in covenants and bonds (sections 58, 59, 60). But the effect of this is not to make a covenant run with the land where it would not so run if the words "heirs and assigns" or " executors, administrators, and assigns" were expressed in the covenant. See, as to the effect of these sections of the Act, Wolstenholme's Conveyancing and Settled Land Acts (10th ed.), pp. 129 et seq.

heirs, &c., in
covenants
and bonds.

Grant of easements, &c.,

de novo to

Section 62 of the Act of 1881 enables grants to be made de novo of easements, &c. to the use of the grantee, which could not be done under the Statute of Uses. (Beaudelay v. Crook, [1607] Cro. Jac. 189; Bacon's Abridgment, 'Uses," F.) Under section 67 of the same Act (amended by section 11 of the C. A. 1882), Enlargement long terms can in certain cases be enlarged into a fee-simple. of long terms.

66

use of grantee.

Section 9, sub-section 1 of the Conveyancing Act, 1911, provides that where Conveyance any property pit becomes by virtue of the Statute of Limitations or of an order for instead of foreclosure or otherwise discharged from the proviso for redemption it shall be sale where held by them upon trust for sale with power to postpone such sale, and by sub- the right of redemption section 4, where the mortgage debt would have been capital money for the is barred in purposes of the Settled Land Acts, the trustee shall, if the tenant for life so requires, instead of selling make such conveyance or execute such declaration of trust as would be required in the case of land acquired by purchase under section 24 of the Settled Land Act, 1882. This section will not apply where there is a settlement within section 63 of the S. L. A. 1882.

SETTLED LAND ACTS.

By section 2, sub-section 1 of the Settled Land Act, 1882, any instrument by virtue of which land, or an estate or interest in land, stands limited to or in trust for any persons by way of succession, creates a settlement" for the purposes of the Act; and by sub-section 5, any person for the time being entitled to possession of settled land is, for the purposes of the Act, the tenant for life of that land.

(a) As to the duration of a "power of sale as distinguished from a I trust for sale," see In re Jessup [1903] 1 Ch. 129 and the cases there cited, and Kaye v. Hoyle, 53

Sol. J. 520.

the case of land forming security for capital money under settle

ment.

By sub-section 3, land and any estate or interest therein, subject to a Of settled settlement, is "settled land."

tenant for life under the settlement.

land.

By sub-section 5, the person for the time being under a settlement beneficially Of the tenant entitled to possession of settled land for his life is for the purposes of the Act for life. By sub-section 6, two or more persons so entitled as tenants in common, or Two or more as joint tenants, together constitute the tenant for life.

By sub-section 7, the tenant for life within the foregoing definitions shall be deemed to be such notwithstanding the settled land is incumbered or charged.

Under sub-section 8, trustees (1) with a power of sale or (2) with power to consent to a sale or (3) declared by the settlement to be trustees for the purposes of the Act are the trustees of the settlement for the purposes of the Act. And by section 16 of the Act of 1890 (i) trustees with power of or upon trust for sale of any other land comprised in the settlement and subject to the same limitations as the land to be sold, or with power of consent to such sale or (ii) trustees with future power of sale or under a future trust for sale or with power of consent to the exercise of such a future power of sale, and whether the power or trust takes effect in all events or not, shall be trustees of the settlement for the purposes of the Settled Land Acts, 1882 to 1890 (b).

persons tenant for life.

Tenant for

life notwithstanding incumbrances.

Trustees for of the Act.

the purposes

land.

By sub-section 10, land includes incorporeal hereditaments and an undivided Definition of share in land, income includes rents and profits, and possession includes receipt of income.

to tenant for life.

By section 3 of the Act of 1882, the tenant for life may (i) sell the land or Power of sale any part thereof or any easement or privilege over or in relation to the same; (ii) sell the seignory of a manor with or without reservation of mines or minerals; (iii) exchange settled land for other land, including exchange in consideration of money paid for equality of exchange; and (iv) concur in partition of entirety when undivided share is settled.

By section 4, every sale must be for the best price that can reasonably be Best price. obtained.

Section 5 enables the tenant for life to transfer incumbrances on land sold to Transfer of inother parts of the settled land.

Under section 17 of the same Act, a sale, exchange, or partition may be made with or without an exception or reservation of minerals, with or without a grant of rights or easements incident to mining purposes.

cumbrances.

Separate dealing with surfaces and minerals.

By section 18, money may be raised for enfranchisement for equality of Power to raise exchange or partition.

money for exchange or enfranchisement.

Under section 19, the owner of a share (see section 2, sub-section 10 (i)) may Power to concur with the owners of other shares in selling the land (c).

Under sub-section 2 of section 20 of the Act of 1882, a conveyance by a tenant for life under the Act is effectual to pass the land conveyed, or the ease

(b) See In re Johnson's S. E. (1913), W.N. 222; 57° Sol. J. 717.

(c) A tenant for life of a settled share can sell his share without the concurrence of the owners of the other shares, see Cooper v. Belsey [1899] 1 Ch. 639. As to the duties of trustees concurring in a sale with other joint owners, see Cooper v. Allen, 4 Ch. D. 802.

concur with other owners in selling. Effect of conveyance by

tenant for life.

ments, rights, or privileges created, discharged from all the limitations, powers, and provisions of the settlement, and from all estates, interests, and charges subsisting or to arise thereunder, except (i) all estates, interests, and charges having priority to the settlement; (ii) estates, &c. created for securing money actually raised, and (iii) leases, grants at fee farm rents, grants of easements, &c. for money's worth (d).

By sub-section 3 of section 20, the production of a proper conveyance of Copyholds. copyholds to the steward for entry on the Court Rolls, and if the steward so requires the production of so much of the settlement as may be necessary to show the title of the person executing the deed, is sufficient to entitle a purchaser, upon payment of the customary fines, &c. (e), to admission without surrender.

Section 22, sub-section 1 of the Act of 1882 provides that capital money arising under the Acts shall be paid either to the trustees of the settlement or into Court at the option of the tenant for life, and section 39 requires that such money shall not be paid to fewer than two persons unless the settlement authorises the receipt by one trustee (f).

Capital money to be paid to trustees or

into court.

Section 24 of the Act of 1882 provides for the conveyance of land acquired Conveyance of by purchase, or exchange, or on partition to the uses of the settlement. acquired land to uses of settlement.

Section 38 of the Act of 1882 provides for the appointment by the Court of Appointment. trustees of the settlement when required.

or

of trustees.

Trustees'

By section 40 of the Act of 1882 the receipt in writing of the trustees, where one trustee is empowered to act, of one trustee, or of the personal repre- receipt. sentative, or representative of the last surviving or continuing trustee for money paid to them or him is made an effectual discharge to the payer.

house.

The consent of the trustees of the settlement (g) or an order of the Court (h) Sale of is required for the sale, exchange, or lease by the tenant for life of the principal mansionmansion-house, pleasure grounds, and park--see section 10, sub-section 2 of the Act of 1890 (replacing section 15 of the Act of 1882).

A month's notice in writing must be given to the trustees of the settlement by the tenant for life before exercising his powers of sale, exchange, &c.—see sub-section 1 of section 45 of the Act of 1882-and by sub-section 2 there must be two trustees at the date of notice given unless a contrary intention is expressed

(d) Such a conveyance overrides all dealings with estates posterior to the life estate. See In re Knowles, 27 Ch. D. 707; 54 L. J. Ch. 264; In re Wright's Trustees and Marshall, 28 Ch. D. 93; 54 L. J. Ch. 60; In re Du Cane and Nettlefold, [1898] 2 Ch. 96; 67 L. J. Ch. 393; In re Lord Wimborne, [1904] 1 Ch. 537; 73 L. J. Ch. 270. As to portions, see Hood & Challis (7th ed.), p. 232. As to Compound Settlements, see Notes to section 2, subsection 1, of the Act of 1882 in Wolstenholme's Conveyancing, &c. Acts (10th ed.), pp. 262 et seq.

(e) As to the fines payable on admittance without surrender under such a conveyance, see In re Naylor and Spendla, 34 Ch. D. 217; 56 L. J. Ch. 453.

(f) In re Garnett, 25 Ch. D. 595. The Public Trustee can alone give a receipt, In re Leslie, [1911] 1 Ch. 611.

(g) See Gilbey v. Rush, [1906] 1 Ch. 11; 75 L. J. Ch. 32; In re Wythe's S. E., [1908] 1 Ch. 593.

(h) See In re Marquis of Ailesbury's S.E., [1892] 1 Ch. 506; 1892 A. C. 356; 61 L. J. Ch. 116; 62 L. J. Ch. 95. In re Wortham's S.E. (1896), 75 L. T. 293.

Notice by tenant for life before exercising powers

to trustees

of sale, &c.

VOL. 4.

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