whole or part of any work or operation comprised in the 45 & 46 Vict. improvement, on—

(i.) A certificate of the Land Commissioners (7) certifying that the work or operation, or some specified part thereof, has been properly executed, and what amount is properly payable by the trustees in respect thereof, which certificate shall be conclusive in favour of the trustees as an authority and discharge for any payment made by them in pursuance thereof; or on

(ii.) A like certificate of a competent engineer or able practical surveyor nominated by the trustees and approved by the Commissioners, or by the court, which certificate shall be conclusive as aforesaid; or on

(iii.) An order of the court directing or authorizing the trustees to so apply a specified portion of the capital

money.

(3.) Where the capital money to be expended is in court, then, after a scheme is approved by the court, the court may, if it thinks fit, on a report or certificate of the Commissioners, or of a competent engineer or able practical surveyor, approved by the court, or on such other evidence as the court thinks sufficient, make such order and give such directions as it thinks fit for the application of that money, or any part thereof, in or towards payment for the whole or part of any work or operation comprised in the improvement (m).

(1) Now the Board of Agriculture (52 & 53 Vict. c. 30).

(m) Under S. L. Act, 1890, s. 15, post, p. 724, the court may authorize capital money to be applied for improvements already executed, though no scheme had been previously submitted (See before last-mentioned act Re Hotchkin, 35 Ch. Div. 41; Re Broadwater, 53 L. T. 745).

If the trustees do not approve the scheme it may be submitted to the court, and the court may authorize the trustees to comply (Clarke v. Thornton, 35 Ch. D. 313).

Where the money was in court and the infant tenant in tail appeared, the court, though there were no trustees, authorized a payment under this section (Clarke v. Thornton, 35 Ch. D. 316). Where a scheme had been approved, and in carrying it out additional expense was of necessity incurred, it was allowed out of capital money (Re Lytton's Will, 38 Ch. Div. 20).

As regards land improvement charges, this section was held not to be retrospective (Re Knatchbull, 27 Ch. D. 349), but see now S. L. Act, 1887, post p. 719, and cases there quoted. For forms under this section, see R. S. L. Act, Forms 12-16 (post, p. 731).

c. 38, s. 26.

27. The tenant for life may join or concur with any other Concurrence person interested in executing any improvement authorised by this act, or in contributing to the cost thereof.

in improvements.

and successors

28(1.) The tenant for life, and each of his successors in Obligation on title having, under the settlement, a limited estate or interest tenant for life only in the settled land, shall, during such period, if any, as the to maintain, Land Commissioners by certificate in any case prescribe, insure, &c. maintain and repair, at his own expense, every improvement executed under the foregoing provisions of this act, and where a

45 & 46 Vict. c. 38, s. 28.

building or work in its nature insurable against damage by fire is comprised in the improvement, shall insure and keep insured the same, at his own expense, in such amount, if any, as the Commissioners by certificate in any case prescribe.

(2.) The tenant for life, or any of his successors as aforesaid, shall not cut down or knowingly permit to be cut down, except in proper thinning, any trees planted as an improvement under the foregoing provisions of this act.

(3.) The tenant for life, and each of his successors as aforesaid, shall from time to time, if required by the Commissioners, on or without the suggestion of any person having, under the settlement, any estate or interest in the settled land in possession, remainder, or otherwise, report to the Commissioners the state of every improvement executed under this act, and the fact and particulars of fire insurance, if any.

(4.) The Commissioners may vary any certificate made by them under this section, in such manner or to such extent as circumstances appear to them to require, but not so as to increase the liabilities of the tenant for life, or any of his successors as aforesaid.

(5.) If the tenant for life, or any of his successors as aforesaid, fails in any respect to comply with the requisitions of this section, or does any act in contravention thereof, any person having, under the settlement, any estate or interest in the settled land in possession, remainder, or reversion, shall have a right of action, in respect of that default or act, against the tenant for life; and the estate of the tenant for life, after his death, shall be liable to make good to the persons entitled under the settlement any damages occasioned by that default or act (n).

(n) Improvements effected by means of land improvement charges are within this section (S. L. Act, 1887, s. 2, post, p. 719).

Protection as

regards waste

in execution and repair

of improvements.

Execution and Repair of Improvements.

29. The tenant for life, and each of his successors in title having, under the settlement, a limited estate or interest only in the settled land, and all persons employed by or under contract with the tenant for life, or any such successor, may from time to time enter on the settled land, and, without impeachment of waste by any remainderman or reversioner, thereon execute any improvement authorized by this act, or inspect, maintain, and repair the same, and, for the purposes thereof, on the settled land, do, make, and use all acts, works, and conveniences proper for the execution, maintenance, repair, and use thereof, and get and work freestone, limestone, clay, sand, and other substances, and make tramways and other ways, and burn and make bricks, tiles, and other things, and cut down and use timber and other trees not planted or left standing for shelter or ornament.

Improvement of Land Act, 1864.

45 & 46 Vict.

c. 38, s. 30.

c. 114, s. 9.

30. The enumeration of improvements contained in section Extension of nine of the Improvement of Land Act, 1864, is hereby extended 27 & 28 Vict. so as to comprise, subject and according to the provisions of that act, but only as regards applications made to the Land Commissioners after the commencement of this act, all improvements authorized by this act.

VIII.-CONTRACTS.

31.-(1.) A tenant for life

Power for

(i.) May contract to make any sale, exchange, partition, tenant for life mortgage, or charge; and

(ii.) May vary or rescind, with or without consideration, the contract, in the like cases and manner in which, if he were absolute owner of the settled land, he might lawfully vary or rescind the same, but so that the contract as varied be in conformity with this act; and any such consideration, if paid in money, shall be capital money arising under this act; and

(iii.) May contract to make any lease; and in making the lease may vary the terms, with or without consideration, but so that the lease be in conformity with this act; and

(iv.) May accept a surrender of a contract for a lease, in like manner and on the like terms in and on which he might accept a surrender of a lease; and thereupon may make a new or other contract, or new or other contracts, for or relative to a lease or leases, in like manner and on the like terms in and on which he might make a new or other lease, or new or other leases, where a lease had been granted; and

(v.) May enter into a contract for or relating to the execution of any improvement authorized by this act, and may vary or rescind the same; and

(vi.) May, in any other case, enter into a contract to do any act for carrying into effect any of the purposes of this act, and may vary or rescind the same.

(2.) Every contract shall be binding on and shall enure for the benefit of the settled land, and shall be enforceable against and by every successor in title for the time being of the tenant for life, and may be carried into effect by any such successor; but so that it may be varied or rescinded by any such successor, in the like case and manner, if any, as if it had been made by himself.

(3.) The court may, on the application of the tenant for life, or of any such successor, or of any person interested in any

to enter into contracts.

45 & 46 Vict. contract, give directions respecting the enforcing, carrying into effect, varying, or rescinding thereof.

c. 38, s. 31.

(4.) Any preliminary contract under this act for or relating to a lease shall not form part of the title or evidence of the title of any person to the lease, or to the benefit thereof (0).

(0) A tenant for life may convey so as to effectuate a contract made by his predecessor (S. L. Act, 1890, s. 6, post, p. 721). In connection with sub-sect. (4), see Conv. Act, 1882, sect. 4 (ante, p. 629).

For form of summons, see R. S. L. Act, Form 17 (post, p. 732).

Application

of money in court under

Lands Clauses and other

acts.

8 & 9 Vict.

c. 18.

c. 106.

IX.-MISCELLANEOUS PROVISIONS.

32. Where, under an act incorporating or applying, wholly or in part, the Lands Clauses Consolidation Acts, 1845, 1860, and 1869, or under the Settled Estates Act, 1877, or under any other act, public, local, personal, or private, money is at the commencement of this act in court, or is afterwards paid into court, and is liable to be laid out in the purchase of land to be made 23 & 24 Vict. subject to a settlement, then, in addition to any mode of dealing therewith authorized by the act under which the money is in court, that money may be invested or applied as capital money 40 & 41 Vict. arising under this act, on the like terms, if any, respecting costs and other things, as nearly as circumstances admit, and (notwithstanding anything in this act) according to the same procedure, as if the modes of investment or application authorized by this act were authorised by the act under which the money is in court (p).

32 & 33 Vict. c. 18.

c. 18.

Application of money in hands of

men.

(p) Orders have been made under this section for payment out to trustees of money which was in court under the Lands Clauses Act (Re Harrop, 24 Ch. D. 717; Re Rutland, 31 W. R. 947); under a local act (Re Wright, 24 Ch. D. 662; Re Rathmines, 15 L. R. Ir. 576); or under a private estates act (Re Bolton, 52 L. T. 728). In the last case the court declined to direct the trustees to give notice of the investments to the remainderPurchase-money of lands belonging absolutely to a charity, in court under the Lands Clauses Act, was held within this section (Re Byron's Charity, 23 Ch. D. 171; Re Bethlehem Hospitals, 30 Ch. D. 541). The court has under this section absolute discretion as to costs (Re Hanbury, 31 W. R. 784; 52 L. J. Ch. 687), and the costs will in general be paid by the corporation taking the land (Ib.; Re Harrop, 24 Ch. D. 717). As to the bearing of this section on the procedure under the S. E. Act, 1877, relating to the examination of married women, see Re Arabin (52 L. T. 728).

33. Where, under a settlement, money is in the hands of trustees, and is liable to be laid out in the purchase of land to trustees under be made subject to the settlement, then, in addition to such powers of dealing therewith as the trustees have independently of this act, they may, at the option of the tenant for life, invest or apply the same as capital money arising under this act (9).

powers of settlement.

(1) This section has been held to apply to money bequeathed to trustees

to be laid out in land to be settled (Re Mackenzie, 23 Ch. D. 750; Re Maberly, Maberly v. Maberly, 33 Ch. D. 455; Re Mundy, 1891, 1 Ch. 399); to money ordered to be applied under sect. 34 of the S. E. Act, 1877 (Re Tennant, 40 Ch. D. 594); and to money in court in an administration action, liable under the settlement to be laid out in land (Clarke v. Thornton, 35 Ch. D. 312; see contra, Burke v. Gore, 13 L. R. Ir. 367).

When the tenant for life is an infant the trustees may, under sect. 60 (post, p. 711), exercise the option given by this section to the tenant for life (Re Newcastle, 24 Ch. D. 140).

45 & 46 Vict.

c. 38, s. 33.

34. Where capital money arising under this act is purchase Application of money paid in respect of a lease for years, or life, or years for lease or money paid determinable on life, or in respect of any other estate or interest reversion. in land less than the fee simple, or in respect of a reversion dependent on any such lease, estate, or interest, the trustees of the settlement or the court, as the case may be, and in the case of the court on the application of any party interested in that money, may, notwithstanding anything in this act, require and cause the same to be laid out, invested, accumulated, and paid in such manner as, in the judgment of the trustees or of the court, as the case may be, will give to the parties interested in that money the like benefit therefrom as they might lawfully have had from the lease, estate, interest, or reversion in respect whereof the money was paid, or as near thereto as may be (").

(r) This section is substantially identical with sect. 74 of the Lands Clauses Act, and decisions under that act have been treated as authorities on this section (Cottrell v. Cottrell, 28 Ch. D. 628). On a sale of leaseholds, the tenant for life was only allowed during the leasehold term an income equal to the rent previously received by him (Ib.; see Re Griffith, 49 L. T. 161). So in the case of a sale of ground rents (Re Bowyer, 1892, W. N. 48; and see Askew v. Woodhead, 14 Ch. D. 27). This section does not apply to chattels which are sold under sect. 37 (Re Marlborough, Marlborough v. Marjoribanks, 30 Ch. D. 133).

For form of summons, see R. S. L. Act, Form 18 (post, p. 732).

35.-(1.) Where a tenant for life is impeachable for waste in Cutting and respect of timber, and there is on the settled land timber ripe sale of timber, and fit for cutting, the tenant for life, on obtaining the consent proceeds to be and part of of the trustees of the settlement or an order of the court, may cut and sell that timber, or any part thereof.

(2.) Three fourth parts of the net proceeds of the sale shall be set aside as and be capital money arising under this act, and the other fourth part shall go as rents and profits (s).

(s) Proceeds of sale of timber were applied as directed by this section (Re Newcastle, 1883, W. N. 99). Where, however, a tenant for life had obtained the consent of the trustees to a sale of the settled land with the timber, but not any consent to cutting the timber, he was not entitled to any part of the purchase-money of the timber (Re Llewellin, Llewellin v. Williams, 37 Ch. D. 317).

For form of summons, see R. S. L. Act, Forms 6, 7 (post, p. 729).

set aside.

36. The court may, if it thinks fit, approve of any action, Proceedings defence, petition to Parliament, parliamentary opposition, or

for protection or recovery of