47 & 48 Vict. c. 18, s. 7. Curtesy to be deemed to arise under settlement. (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" (c). (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 (b) Leave to sell was given to the tenant for life in Re Harding, 1891, 1 Ch. 60. (c) As to registering a lis pendens, see ante, p. 464. 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 settlement made by his wife (d). (d) See S. L. Act, 1882, sect. 58 (1) (viii.), ante, p. 710. SETTLED LAND ACTS (AMENDMENT) ACT, 1887. 50 & 51 VICTORIÆ, CAP. 30. An Act to amend the Settled Land Act (1882). [23rd August, 1887.] WHEREAS by the twenty-first section of the Settled Land Act, 50 & 51 Vict. 1882 (in this act referred to as the Act of 1882), it is provided c. 30, s. 1. that capital money arising under that act may be applied in 45 & 46 Vict. payment for any improvement by that act authorized: Be it therefore enacted as follows: c. 38. the Settled 1. Where any improvement of a kind authorized by the Act Amendment of 1882 has been or may be made either before or after the of sect. 21 of passing of this act, and a rent charge, whether temporary or Land Act, perpetual, has been or may be created in pursuance of any act 1882. 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 (a). (a) 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 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.) 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, W. N. 140; see Re Howard, sup.) 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). Sect. 28 of Settled Land to apply to Act, 1882, 2. Any improvement in payment for which capital money is applied or deemed to be applied under the provisions of the preceding section shall be deemed to be an improvement within the meaning of section twenty-eight of the Act of 1882, and the improvements within preprovisions of such last-mentioned section shall, so far as ceding applicable, be deemed to apply to such improvement. section. SETTLED LAND ACT, 1889. 52 & 53 VICTORIÆ, CAP. 36. An Act to amend the Settled Land Act, 1882. [12th August, 1889.] 52 & 53 Vict. c. 36, s. 1. BE it enacted as follows: 1. This act shall be construed as one with the Settled Land Construction Acts, 1882 to 1887, and may be cited together with those acts as the Settled Land Acts, 1882 to 1889, and separately as the Settled Land Act, 1889. and short title. Option of purchase in building lease. 45 & 46 Vict. c. 38. Price to be capital money. 2. Any building lease, and any agreement for granting building leases, under the Settled Land Act, 1882, may contain an option, to be exercised at any time within an agreed number of years not exceeding ten, for the lessee to purchase the land leased at a price fixed at the time of the making of the lease or 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 money arising under the Settled Land Act, 1882. SETTLED LAND ACT, 1890. 53 & 54 VICTORIÆ, CAP. 69. An Act to amend the Settled Land Acts, 1882 to 1889. 58 & 54 Vict. Be it enacted as follows: c. 69, s. 1. [18th August, 1890.] Preliminary. Short title. Acts to be construed together. Interpretation. 1. This act may be cited as the Settled Land Act, 1890. 2. The Settled Land Acts, 1882 to 1889, and this act are to be read and construed together as one act, and may be cited as the Settled Land Acts, 1882 to 1890. 3. Expressions used in this act are to have the same meanings as those attached by the Settled Land Acts, 1882 to 1889, to similar expressions used therein. consideration 4.-(1.) Every instrument whereby a tenant for life, in con- Instrument in sideration of marriage or as part or by way of any family of marriage, arrangement, not being a security for payment of money &c. to be part advanced, makes an assignment of or creates a charge upon his of the settleestate 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 meaning or operation of section fifty of the Act of 1882. ment. 45 & 46 Vict. (2.) This section is to apply and have effect with respect to c. 38. every disposition before as well as after the passing of this act, unless inconsistent with the nature or terms of the disposition (a). (a) See S. L. Act, 1882, sect. 1 (1), ante, p. 674; sect. 50, ante, p. 705. Exchanges. exchange or 5. On an exchange or partition any easement, right, or privi- Creation of lege of any kind may be reserved or may be granted over or in easements on relation to the settled land or any part thereof, or other land or partition. 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 Power to necessary or proper for giving effect to a contract entered into complete predecessor's by a predecessor in title, and which if made by such predecessor contract. would have been valid as against his successors in title (b). (b) This section does not apply to leases (Kemeys-Tynte v. Kemeys-Tynte, 1892, 2 Ch. 213), see sect. 12 (i.) of S. L. Act, 1882, ante, p. 683. Leases. 7. A lease for a term not exceeding twenty-one years at the Provision as best rent that can be reasonably obtained without fine, and to leases for whereby the lessee is not exempted from punishment for waste, years. twenty-one 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 45 & 46 Vict. of 1882; and (ii.) Notwithstanding that there are no trustees of the settlement for the purposes of the Settled Land Acts, 1882 to 1890; and (iii.) By any writing under hand only containing an agreement instead of a covenant by the lessee for payment of rent in cases where the term does not extend beyond three years from the date of the writing. c. 38. 53 & 54 Vict. c. 69, s. 8. Provision as to mining leases. Power to reserve a rent-charge on a grant in fee simple. 8. In a mining lease (i.) The rent may be made to vary according to the price of (c) See S. L. Act, 1882, sect. 9, ante, p. 681. 9. Where, on a grant for building purposes by a tenant for life, the land is expressed to be conveyed in fee simple with or subject to a reservation thereout of a perpetual rent or rentcharge, the reservation shall operate to create a rentcharge in fee simple issuing out of the land conveyed, and having incidental thereto all powers and remedies for recovery thereof 44 & 45 Vict. conferred by section forty-four of the Conveyancing and Law of Property Act, 1881 (d), and the rentcharge so created shall go and remain to the uses on the trusts and subject to the powers and provisions which, immediately before the conveyance, were subsisting with respect to the land out of which it is reserved. (d) Ante, p. 609. c. 41. Restriction on sale of mansion. Mansion and Park. 10.-(1.) From and after the passing of this act section fifteen of the Act of 1882, relating to the sale or leasing of the principal mansion house, shall be and the same is hereby repealed. (2.) Notwithstanding anything contained in the Act of 1882, the principal mansion house (if any) on any settled land, and the pleasure grounds and park and lands (if any) usually occupied therewith, shall not be sold, exchanged, or leased by the tenant for life without the consent of the trustees of the settlement or an order of the court. (3.) Where a house is usually occupied as a farmhouse, or where the site of any house and the pleasure grounds and park and lands (if any) usually occupied therewith do not together exceed twenty-five acres in extent, the house is not to be deemed a principal mansion house within the meaning of this section (e). (e) When the tenant for life was insolvent and had heavily mortgaged his life interest, the court sanctioned a sale, even though the next remainderman was in a position to keep up the estate if he came into it (Re Ailesbury, 1892, 1 Ch. 506). In giving its consent under this section the court has had regard to public interests, and the interests of tenants on the estate (Ib.) The discretion of the court, it would seem, is not so limited as that of the tenant for life (Ib., see pp. 528, 536). The following cases were decided under S. L. Act, 1882, s. 15, which was similar to sub-sect. 2. Notwithstanding a clause of forfeiture for |