Fine on a lease 3. The Act of 1882 and this act are to be read and construed together as one act, and expressions used in this act are to have the same meanings as those attached by the Act of 1882 to similar expressions used therein. 4. A fine received on the grant of a lease under any power to be capital conferred by the Act of 1882 is to be deemed capital money arising under that act. money. Notice under See Re Moses, Beddington v. B., 1902, 1 Ch. 100; and the note, ante, p. 677. 5.—(1.) The notice required by section forty-five of the Act 45 & 46 Viet. of 1882 of intention to make a sale, exchange, partition, or lease may be notice of a general intention in that behalf. c. 38, s. 46, may, as to a sale, ex tition, or lease, be (2.) The tenant for life is, upon request by a trustee of the change, par- settlement, to furnish to him such particulars and information as may reasonably be required by him from time to time with reference to sales, exchanges, partitions, or leases effected, or in progress, or immediately intended. general. As to consents life. (3.) Any trustee, by writing under his hand, may waive notice either in any particular case, or generally, and may accept less than one month's notice. (4.) This section applies to a notice given before, as well as to a notice given after, the passing of this act. (5.) Provided that a notice, to the sufficiency of which objection has been taken before the passing of this act, is not made sufficient by virtue of this act. 6.-(1.) In the case of a settlement within the meaning of of tenants for section sixty-three of the Act of 1882, any consent not required by the terms of the settlement is not by force of anything contained in that act to be deemed necessary to enable the trustees of the settlement, or any other person, to execute any of the trusts or powers created by the settlement. (2.) In the case of every other settlement, not within the meaning of section sixty-three of the Act of 1882, where two or more persons together constitute the tenant for life for the purposes of that act, then, notwithstanding anything contained in sub-section (2) of section fifty-six of that act, requiring the consent of all those persons, the consent of one only of those persons is by force of that section to be deemed necessary to the exercise by the trustees of the settlement, or by any other person, of any power conferred by the settlement exerciseable for any purpose provided for in that act. (3.) This section applies to dealings before, as well as after, the passing of this act. See Re Harding, 1891, 1 Ch. 60; Re Osborne and Bright, 1902, 1 Ch. 335; and the note, ante, p. 699. c. 18, s. 7. 7. With respect to the powers conferred by section sixty-three 47 & 48 Vict. of the Act of 1882, the following provisions are to have effect:(i.) Those powers are not to be exercised without the leave of the court. Powers given by sect. 63 to be exercised (ii.) The court may by order, in any case in which it thinks only with fit, give leave to exercise all or any of those powers, leave of the and the order is to name the person or persons to court. whom leave is given (m). (iii.) The court may from time to time rescind, or vary, any order made under this section, or may make any new or further order. (iv.) So long as an order under this section is in force, neither the trustees of the settlement, nor any person other than a person having the leave, shall execute any trust or power created by the settlement, for any purpose for which leave is by the order given, to exercise a power conferred by the Act of 1882. (v.) An order under this section may be registered and reregistered, as a lis pendens, against the trustees of the settlement named in the order, describing them on the register as "Trustees for the purposes of the Settled Land Act, 1882" (n). (vi.) Any person dealing with the trustees from time to time, (vii.) An application to the court under this section may be (x.) This section is not to affect any dealing which has taken (m) Leave to sell was given to the tenant for life (Re Harding, 1891, 1 Ch. 60). Leave was given to a married woman, equitable tenant for life, to exercise all powers except those of sale and exchange (Re Bagot, Bagot v. Kittoe, 1894, 1 Ch. 177). The court refused to sanction a building lease" in which the work agreed to be done was such as a landlord is usually expected to do (Re Daniell, 1894, 3 Ch. 503). (n) As to registering a lis pendens, see ante, p. 499. 47 & 48 Vict. c. 18, s. 8. 8. For the purposes of the Act of 1882 the estate of a tenant by the curtesy is to be deemed an estate arising under a settleCurtesy to be ment made by his wife. deemed to arise under settlement. See S. L. Act, 1882, sect. 58 (1) (viii.), ante, p. 700; Mogridge v. Clapp, 1892, 3 Ch. 382; Bates v. Kesterton, 1896, 1 Ch. 159. 50 & 51 Vict. c. 30, s. 1. IV. THE SETTLED LAND ACTS (AMENDMENT) ACT, 1887. 50 & 51 VICT. c. 30. WHEREAS by the twenty-first section of the Settled Land Act, 1882 (in this act referred to as the Act of 1882), it is provided 45 & 46 Vict. that capital money arising under that act may be applied in payment for any improvement by that act authorized: c. 38. Amendment the Settled Land Act, 1882. Be it therefore enacted as follows: 1. Where any improvement of a kind authorized by the Act of sect. 21 of of 1882 has been or may be made either before or after the passing of this act, and a rent charge, whether temporary or perpetual, has been or may be created in pursuance of any act of parliament, with the object of paying off any moneys advanced for the purpose of defraying the expenses of such improvement, any capital money expended in redeeming such rent charge, or otherwise providing for the payment thereof, shall be deemed to be applied in payment for an improvement authorized by the Act of 1882. In the case of temporary rent charges created under the Improvement of Land Act, 1864, it was decided under the S. L. Act, 1882 (before the passing of the above act), that such rent charges could not be paid off out of capital moneys (Re Knatchbull, 29 Ch. Div. 588). Under the above act capital moneys may now be applied, either (1) in payment from time to time of the instalments of such rent charges (Re Sudeley, 37 Ch. D. 123), including, it would seem, interest as well as principal (see Re Egmont, 45 Ch. Div. 395, disapproving on this point, Re Sudeley, sup.; Re Newton, 61 L. T. 787); or (2) in redeeming the rent charges by one payment (Re Egmont, sup.), in which case the payment may include not only the balance of principal, but a bonus to compensate the lender for loss of interest (Ib.). The powers of this act were applied where the trustees of a settlement had themselves purchased the rent charges under sect. 60 of the Act of 1864 (Re Howard, 1892, 2 Ch. 233); and where the improved portions of the settled estates had been sold (Ib.); but the Court refused to apply money arising under the Lands Clauses Act (and applicable as capital money under sect. 32 of the S. L. Act, 1882) in redeeming a charge on glebe lands (Re Castle Bytham, 1895, 1 Ch. 348). This act does not enable the tenant for life to be recouped out of capital moneys the instalments of the rent charges actually paid by him, whether before the act came into operation (Re Howard, sup.); or since (Re Dalison, 1892, 3 Ch. 522; Re Bristol, 1893, 3 Ch. 161; compare Re Nepean, 1900, 1 Ir. R. 298); nor a sum paid by him on a transfer of the charge in order to reduce the interest (Re Verney, 1898, 1 Ch. 508). Where the works paid for by means of the rent charge were not within the description of improvements authorized by the S. L. Act, 1882, the application of capital moneys was not allowed (Re Newton, 61 L. T. 787). 2. Any improvement in payment for which capital money is 50 & 51 Vict. applied or deemed to be applied under the provisions of the c. 30, s. 2. preceding section shall be deemed to be an improvement within Sect. 28 of the meaning of section twenty-eight of the Act of 1882, and the Settled Land provisions of such last-mentioned section shall, so far as applicable, be deemed to apply to such improvement. See Re Verney, 1898, 1 Ch. 508. Act, 1882, improvements within preceding section. V. THE SETTLED LAND ACT, 1889. 52 & 53 VICT. c. 36. 52 & 53 Vict. c. 36, s. 1. 1. This act shall be construed as one with the Settled Land Acts, 1882 to 1887, and may be cited together with those acts as the Settled Land Acts, 1882 to 1889, and separately as the Construction Settled Land Act, 1889. and short title. 2. Any building lease, and any agreement for granting Option of building leases, under the Settled Land Act, 1882, may contain purchase in building an option, to be exercised at any time within an agreed number lease. of years not exceeding ten, for the lessee to purchase the land 45 & 46 Vict. leased at a price fixed at the time of the making of the lease or c. 38. agreement for the lease, such price to be the best which, having regard to the rent reserved, can reasonably be obtained, and to be either a fixed sum of money, or such a sum of money as shall be equal to a stated number of years' purchase of the highest rent reserved by the lease or agreement. 3. Such price when received shall for all purposes be capital Price to be money arising under the Settled Land Act, 1882. capital VI.—THE SETTLED LAND ACT, 1890. Preliminary. 1. This act may be cited as the Settled Land Act, 1890. 53 & 54 Vict. c. 69, s. 1. 2. The Settled Land Acts, 1882 to 1889, and this act are to Short title. be read and construed together as one act, and may be cited as Acts to be the Settled Land Acts, 1882 to 1890. construed together. 3. Expressions used in this act are to have the same meanings Interpretaas those attached by the Settled Land Acts, 1882 to 1889, to tion. similar expressions used therein. 53 & 54 Vict. c. 69, s. 4. of marriage, Definitions. Instrument in 4. (1.) Every instrument whereby a tenant for life, in conconsideration sideration of marriage or as part or by way of any family &c. to be part arrangement, not being a security for payment of money of the settle- advanced, makes an assignment of or creates a charge upon his estate or interest under the settlement is to be deemed one of the instruments creating the settlement, and not an instrument vesting in any person any right as assignee for value within the 45 & 46 Vict. meaning or operation of section fifty of the Act of 1882. ment. c. 38. Creation of easements on exchange or partition. Power to complete predecessor's contract. Provision as to leases for twenty-one years. 45 & 46 Vict. c. 38. (2.) This section is to apply and have effect with respect to every disposition before as well as after the passing of this act, unless inconsistent with the nature or terms of the disposition. See S. L. Act, 1882, sect. 1 (1), ante, p. 658; sect. 50, ante, p. 695. This section is not a positive enactment that every instrument of the kind described shall be one of the instruments creating the settlement for all the purposes of the Act; but is limited to the purpose of excluding the operation of sect. 50 of the S. L. Act, 1882 (Re Du Cane and Nettlefold, 1898, 2 Ch. 96; see, however, Re Tibbits, 1897, 2 Ch. 149). See also Re Ailesbury, 1893, W. N. 140. Exchanges. 5. On an exchange or partition any easement, right, or privilege of any kind may be reserved or may be granted over or in relation to the settled land or any part thereof, or other land or an easement, right, or privilege of any kind may be given or taken in exchange or on partition for land or for any other easement, right, or privilege of any kind. Completion of Contracts. 6. A tenant for life may make any conveyance which is necessary or proper for giving effect to a contract entered into by a predecessor in title, and which if made by such predecessor would have been valid as against his successors in title. This section does not apply to leases (Kemeys-Tynte v. Kemeys-Tynte, 1892, 2 Ch. 213); seo sect. 12 (i.) of S. L. Act, 1882, ante, p. 669. The general power to make contracts is given by sect. 31 of S. L. Act, 1882, ante, p. 683. Leases. 7. A lease for a term not exceeding twenty-one years at the best rent that can be reasonably obtained without fine, and whereby the lessee is not exempted from punishment for waste, may be made by a tenant for life (i.) Without any notice of an intention to make the same having been given under section forty-five of the Act of 1882; and (ii.) Notwithstanding that there are no trustees of the settle |