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particulars respecting the annuity, and state at the foot that they are unable to value it. In the former case, the trustee may accept the proof without modification, or may, in his discretion, put his own estimate on the value of the annuity, and in the latter case the trustee can put a value on it. If they are not satisfied they can appeal to the Court within fourteen days. (See rule 74, and Ex parte Bishop, Re Tonnies, 42 L. J. Bkey. 107.)

As to the effect of separation deeds as a complete condonation of conjugal offences, see the recent cases of Gaudy v. Gaudy, 51 L. J. P. D. & A. 41, and Rose v. Rose, 52 L. J. P. D. & A. 25.

SETTLED ESTATES.

230. Give a brief outline of the proceedings to effect a sale under the Leases and Sales of Settled Estates Act of an estate, the tenant for life of which is a married woman restrained from anticipation.

The first step in an application under the Act is to prepare a petition entitled in the matter of the estate settled by the settlor and referring to the instrument of settlement, and mentioning the parish or place or county in which the lands and messuages to be sold are situate, and in the matter of the Settled Estates Act, 1877, and to present the same to the Chancery Division of the High Court of Justice.

In this case the married woman will be the proper person to be made the petitioner. The petition must contain a detailed description of the property to be sold, besides the names, address, and description of the petitioner, and an address for service within three miles from the site of Temple Bar. The consent of the first tenant in tail and all persons in existence having any beneficial estate or interest under the settlement prior to such tenant in tail's estate, and all trustees having any estate or interest on behalf of any unborn child prior to such tenant in tail's estate is required. The Court, however, has power to dispense with such consent or concurrence upon notice being given to them containing certain particulars.

In the above case, the petitioner, being a married woman, must be examined apart from her husband touching her knowledge of the nature and effect of the application, and it must be ascertained that she freely desires to make the application, and it matters not

whether the lands and messuages are settled to her separate use or not; and no clause or provision in the settlement restraining anticipation will prevent the Court from exercising, if it thinks fit, the power of sale, and no such exercise will cause any forfeiture, notwithstanding any provision in the settlement to the contrary. Her consent is taken either in Court or before an independent solicitor appointed by the Court, if she resides within the jurisdiction. Such appointment is made by order on summons taken out in chambers after the petition is presented and heard. The married woman is examined, and in writing then testifies to her knowledge of its nature, and of her free desire to make the application, and the solicitor certifies to the Court to the same effect. Both the examination and certificate are verified by the solicitor's clerk by affidavit. Notices are to be given of the petition by advertisement, as the Court may direct; any person, whether interested in the estate or not, may apply by motion to be heard in opposition or in support of the application. Upon the hearing, if the order is made, the sale is carried out in the same manner as other sales under the Court's supervision in chambers. (Haynes's Chancery Practice, 269-276; Middleton's Settled Estates, 2nd ed., 93.) For practice respecting sales by the Court, see Haynes's Chancery Practice, 438.

231. What was the object and general scope of "The Improvement of Land Act, 1864"? How was it enlarged by the Act of 33 & 34 Vict. c. 56?

The object of the Act is to enable landowners, upon application to the Land Commissioners, to obtain, first, a provisional order, and secondly, an absolute order, which will have the effect of charging the fee simple with the expenses of certain improvements on land specified in that Act and the Acts amending it, with interest thereon. In furtherance of this object, the Act provides for the registration of memorials of the rent-charges in a registry which it establishes; it declares every charge under the Act to be, as regards the holder, personal property, and provides for their being assigned by deed, and merging the whole or part of the rent-charge in the beneficial interest in the land, and enables trustees to advance money on mortgage of the land, notwithstanding any such charge, and enables them to advance money on the security of such rent

charges or mortgages thereof, and gives the Land Commissioners ample powers to carry out the Act.

The scope of the Act embraces and that Act defines as improvements of land the following:

(1.) The drainage of land, and the straightening, widening, deepening, or otherwise improving the drains, streams, and watercourses of any land.

(2.) The irrigation and warping of land.

(3.) The embanking and weiring of land from the sea or tidal waters, or from lakes, rivers, or streams, in a permanent manner. (4.) The inclosing of lands, and the straightening of fences and re-division of fields.

(5.) The reclamation of land, including all operations necessary

thereto.

(6.) The making of permanent farm roads, and permanent tramways and railways and navigable canals for all purposes connected with the improvement of the estate.

(7.) The clearing of land.

(8.) The erection of labourers' cottages, farm-houses, and other buildings required for farm purposes, and the improvements of and addition to labourers' cottages, farm-houses, and other buildings for farm purposes already erected, so as such improvements or additions be of a permanent nature.

(9.) Planting for shelter.

(10.) The construction or erecting of any engine-houses, waterwheels, saw and other mills, kilns, shafts, wells, ponds, tanks, reservoirs, dams, leads, pipes, conduits, water-courses, bridges, weirs, sluices, flood-gates or hatches, which will increase the value of any lands for agricultural purposes.

(11.) The construction or improvement of jetties or landing places on the sea coast, or on the banks of navigable rivers or lakes, for the transport of cattle, sheep, and other agricultural stock and produce, and of lime, manure, and other articles, and things for agricultural purposes; provided that the commissioners shall be satisfied that such works will add to the permanent value of the lands to be charged to an extent equal to the expense thereof.

(12.) The execution of all such works as in the judgment of the commissioners may be necessary for carrying into effect any matter herein before mentioned, or for deriving the full benefit thereof.

The above-mentioned Improvement of Land Act, 1864, has been amended by the Limited Owners' Residences Act, 1870 (33 & 34 Vict. c. 56), which enables owners of settled estates to charge such estates, within certain limits, with the expense of building mansions as residences for themselves.

The same Act has further been amended by the Limited Owners' Residences Act, 1870, Amendment Act, 1871 (34 & 35 Vict. c. 84), which makes the erection or the improvement of a mansion, house, and usual buildings appertaining thereto, improvements within the meaning of the Improvement of Land Act, 1864. And see Part VII. of the "Settled Land Act," 1882 (45 & 46 Vict. c. 38).

232. A legal tenant for life of an estate in strict settlement mortgages his life estate. What effect has this on a power of sale, with the consent of the tenant for life, given to the trustees by the settlement? What effect would a sale of his life estate by the tenant for life have upon the power?

The tenant for life who has mortgaged his life estate will be able to give a valid consent with the concurrence of his mortgagee. (Walmisley and Butterworth, Rolls, 28th July, set out in Sugden on Powers, 8th ed., 62.)

The tenant for life who has sold his life estate, it has recently been decided, can also give a valid consent with the concurrence of the purchaser of such estate. (Alexander v. Mills, L. R. 6 C. A. 124; 1 Prideaux, 11th ed., 288; and see the Settled Land Act, 1882 (45 & 46 Vict. c. 38).)

SETTLEMENTS AND VOLUNTARY DISPOSITIONS.

233. Briefly state the uses, trusts, powers, and provisions usually contained in a settlement, whereby on the marriage of the settlor, family estates are settled in strict settlement.

Such a settlement of real estate will contain :-Parties, Testatum Conveyance as settlor by the intended husband of the parcels to the use that the trustees shall receive a rent-charge for the separate use of the wife as pin-money. Subject thereto to the use of the husband for life. After his death that wife shall take a jointure. Then to

trustees for one thousand years to secure portions for younger children. Then, subject thereto, to the first and other sons of the marriage in tail male, with remainder to the use of the same first and other sons in tail, with remainder to all the daughters of the marriage in equal shares as tenants in common, with cross remainders between them, with an ultimate remainder to the husband in fee simple. Definition of "younger children," power for the husband to appoint children portions as he may think fit, and in default of appointment children to take equally, with hotchpot clause. Proviso that charge for portions shall be reduced if there are one, two, or three younger children. Trusts of term of one thousand years. Trust to raise annual sums for maintenance of infant younger children, and, subject thereto, to permit rents to be received by the person from time to time entitled. Trustees to raise moiety of presumptive shares of sons for their advancement. (If so instructed, here insert power to the husband to jointure a future wife and to charge with portions for children of a future marriage, to limit term to trustees to raise portions, power to the husband to authorise trustees to raise annual sum for maintenance of minors and to raise one half of presumptive portions of sons for advancement.) Power for trustees to take possession of trust property during any infancy. Power to grant agricultural or occupation leases for twenty-one years, and building leases for ninety-nine years, and mining leases for forty or sixty years. ing contracts for leases, declaration that though not in accordance with contract. of existing leases. Power to give sites for churches, &c. Power to trustees at the request of the tenant for life and after his death at their discretion to raise money by mortgage to be expended in the improvement of lands. Power to trustees to sell or exchange, to enfranchise copyholds, and to make partition, and for any such purposes to revoke old uses and limit new uses. Power for the trustees to apply sale moneys in payment of incumbrances affecting the settled estates or in purchase of other lands but any such lands so purchased are to be settled to the same uses, proper provisions to be inserted in every settlement for renewal of leaseholds for years or lives, power of sale to be deemed to include sales to railway companies. Lands may be sold subject to exception of mines, and vice versa, purchase moneys until they are laid out in

Power to enter into buildlease under powers valid Power to accept surrender

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