non-residence, a mansion house may be sold (Re Paget, 30 Ch. D. 161) or let (Re Thompson, 21 L. R. Ir. 109). So a mansion house may be sold though directed to be kept as a residence, and expressly excluded from the power of sale (Re Brown, 27 Ch. D. 179). The court has refused to order a sale until all facts bearing on the question were known, and also whether the mortgagees of the life interest consented (Re Sebright, 33 Ch. Div. 429). For forms of summons, see R. S. L. Act, Forms 4, 5, 6, and 7 (post, p. 728). The Raising of Money. 53 & 54 Vict. c. 69, s. 10. 11.-(1.) Where money is required for the purpose of dis- Power to charging an incumbrance on the settled land or part thereof, the raise money tenant for life may raise the money so required, and also the by mortgage. amount properly required for payment of the costs of the transaction on mortgage of the settled land, or of any part thereof, by conveyance of the fee-simple or other estate or interest the subject of the settlement, or by creation of a term of years in the settled land, or any part thereof, or otherwise, and the money so raised shall be capital money for that purpose, and may be paid or applied accordingly. (2.) Incumbrance in this section does not include any annual sum payable only during a life or lives or during a term of years absolute or determinable. Dealings as between Tenant for Life and the Estate. 12. Where a sale of settled land is to be made to the tenant Provision for life, or a purchase is to be made from him of land to be enabling dealings with made subject to the limitations of the settlement, or an tenant for exchange is to be made with him of settled land for other land, life. or a partition is to be made with him of land an undivided share whereof is subject to the limitations of the settlement, the trustees of the settlement shall stand in the place of and represent the tenant for life, and shall, in addition to their powers as trustees, have all the powers of the tenant for life in reference to negotiating and completing the transaction. Application of Capital Money. 13. Improvements authorised by the Act of 1882 shall include Application the following; namely: (i.) Bridges; (ii.) Making any additions to or alterations in buildings reason- (iv.) The rebuilding of the principal mansion house on the of capital money. 53 & 54 Vict. c. 69, s. 13. Capital money in court may paid out to trustees. Court may order payment for executed. be this sub-section shall not exceed one-half of the annual rental of the settled land(ƒ). (f) See S. L. Act, 1882, sect. 25, ante, p. 691. 14. All or any part of any capital money paid into court may, if the court thinks fit, be at any time paid out to the trustees of the settlement for the purposes of the Settled Land Acts, 1882 to 1890 (g). (g) See S. L. Act, 1882, sect. 22, ante, p. 689. 15. The court may, in any case where it appears proper, make an order directing or authorizing capital money to be applied in improvements or towards payment for any improvement authorized by the Settled Land Acts, 1882 to 1890, notwithstanding that a scheme was not, before the execution of the improvement, submitted for approval, as required by the Act of 1882, to the trustees of the settlement or to the court (h). Trustees for of the act. (h) See S. L. Act, 1882, sect. 26, ante, p. 692. As to paying for improvements executed before 1883 out of capital moneys, see Re Ormrod (1892, 2 Ch. 318). Trustees. 16. Where there are for the time being no trustees of the the purposes settlement within the meaning and for the purposes of the Act of 1882, then the following persons shall, for the purposes of the Settled Land Acts, 1882 to 1890, be trustees of the settlement; namely, Application of provisions of 44 & 45 Vict. c. 41, as to appointment of trustees. (i.) The persons (if any) who are for the time being under the settlement 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 or approval of the exercise of such a power of sale, or, if there be no such persons, then (ii.) The persons (if any) who are for the time being under the settlement trustees with future power of sale, or under a future trust for sale of the land to be sold, or with power of consent to or approval of the exercise of such a future power of sale, and whether the power or trust takes effect in all events or not (i). (i) See, before this act, Wheelwright v. Walker (23 Ch. D. 752). For further definition of "trustees," see S. L. Act, 1882, sect. 2 (8), ante, p. 675. 17. (1.) All the powers and provisions contained in the Conveyancing and Law of Property Act, 1881, with reference to the appointment of new trustees, and the discharge and retirement of trustees, are to apply to and include trustees for the purposes of the Settled Land Acts, 1882 to 1890, whether appointed by the court or by the settlement, or under provisions contained in the settlement. (2.) This section applies and is to have effect with respect to an appointment or a discharge and retirement of trustees taking 58 & 54 Vict. place before as well as after the passing of this act. (3.) This section is not to render invalid or prejudice any appointment or any discharge and retirement of trustees effected before the passing of this act otherwise than under the provisions of the Conveyancing and Law of Property Act, 1881 (k). (k) See Conv. Act, 1881, sects. 31 et seq., ante, p. 601; S. L. Act, 1882, sect, 38, ante, p. 699. 66 c. 69, s. 17. 18. The provisions of section eleven of the Housing of the Extension of Working Classes Act, 1885, and of any enactment which may "working" meaning of be substituted therefor, shall have effect as if the expression classes" in working classes" included all classes of persons who earn their 48 & 49 Vict. livelihood by wages or salaries: Provided that this section shall c. 72. apply only to buildings of a rateable value not exceeding one hundred pounds per annum. 19. The registration of a writ or order affecting land may be Power to vacated pursuant to an order of the High Court or any judge vacate registhereof. tration of writ. RULES UNDER THE SETTLED LAND ACT, 1882. 1. The expression "the act" used in these rules means the Settled Land InterpretaAct, 1882. Words defined by the act when used in these rules have the same meanings as in the act. The expression "the tenant for life" includes the tenant for life as defined by the act, and any person having the powers of a tenant for life under the act. tion. 2. All applications to the court under the act may be made by summons Application in chambers; and if in any case a petition shall be presented without the to be by sumdirection of the judge, no further costs shall be allowed than would be mons. allowed upon a summons. 3. The forms in the appendix to these rules are to be followed as far as Forms. possible, with such modification as the circumstances require. All summonses, petitions, affidavits, and other proceedings under the act are to be entitled according to Form I. in the Appendix. 4. The persons to be served with notice of applications to the court shall, Service. in the first instance, be as follows: In the case of applications by the tenant for life under sections 15 and 34, the trustees. In the case of applications under section 38, the trustees (if any), and the tenant for life if not the applicant. In the case of applications under section 44, the tenant for life, or the trustees, as the case may be. No other person shall in the first instance be served. Except as hereinbefore provided where an application under the act is made by any person other than the tenant for life, the tenant for life alone shall be served in the first instance. 5. Except in the cases mentioned in the last rule, applications by a tenant for life shall not in the first instance be served on any person. 6. The judge may require notice of any application under the act to be served upon such persons as he thinks fit, and may give all necessary directions as to the persons (if any) to be served, and such directions may be added to or varied from time to time as the case may require. Where a petition is presented, the petitioner may, after the petition has Rules. Title. Sales. Leases, &c., under sect. 10. Payment into court. Practice generally. been filed, apply by summons in chambers (Appendix, Form 23) for directions with regard to the persons on whom the petition ought to be served. If any person not already served is directed to be served with notice of an application, the application shall stand over generally, or until such time as the judge directs. The judge may in any particular case, upon such terms (if any) as he thinks fit, dispense with service upon any person upon whom, under these rules, or under any direction of the judge, any application is to be served (a). (a) The court dispensed with service on the children of the tenant for life who were sufficiently represented by the trustees (Re Brown, 27 Ch. D. 186). 7. It shall be sufficient upon any application under the act to verify by affidavit the title of the tenant for life and trustees or other persons interested in the application unless the judge in any particular case requires further evidence. Such affidavit may be in the form or to the effect of Form No. 8 in the Appendix. 8. Any sale authorised or directed by the court under the act, shall be carried into effect out of court, unless the judge shall otherwise order, and generally in such manner as the judge may direct. 9. Where the court authorises generally the tenant for life to make from time to time leases or grants for building or mining purposes under section 10 of the act, the order shall not direct any particular lease or grant to be settled or approved by the judge unless the judge shall consider that there is some special reason why such lease or grant should be settled or approved by him. Where the court authorises any such lease or grant in any particular case, or where the court authorises a lease under section 15 of the act, the order may either approve a lease or grant already prepared or may direct that the lease or grant shall contain conditions specified in the order or such conditions as may be approved by the judge at chambers without directing the lease or grant to be settled by the judge. 10. Any person directed by the tenant for life to pay into court any capital money arising under the act may apply by summons at chambers for leave to pay the money into court. (Appendix, Forms 9, 10, 11.) 11. The summons shall be supported by an affidavit setting forth— 1. The name and address of the person desiring to make the payment. 2. The place where he is to be served with notice of any proceeding relating to the money. 3. The amount of money to be paid into court and the account to the credit of which it is to be placed. 4. The name and address of the tenant for life under the settlement by whose direction the money is to be paid into court. 5. The short particulars of the transaction in respect of which the money is payable. 12. The order made upon the summons for payment into court, may contain directions for investment of the money on any securities authorised by section 21, sub-section 1 of the act, and for payment of the dividends to the tenant for life, either forthwith or upon production of the consent in writing of the applicant; the signature to such consent, to be verified by the affidavit of a solicitor. But if the transaction in respect of which the money arises, is not completed at the date of payment into court, the money shall not, without the consent of the applicant, be ordered to be invested in any securities other than those upon which cash under the control of the court may be invested. 13. Money paid into court under the act shall be paid to an account, to be entitled in the matter of the settlement, with a short description of the mode in which the money arises if it is necessary or desirable to identify it, and in the matter of the act. (Appendix, Forms 9, 10, and 11.) 14. Any person paying into court any capital money arising under the act shall be entitled first to deduct the costs of paying the money into court. 15. In all cases not provided for by the act or these rules, the existing practice of the court as to costs and otherwise, so far as the same may be applicable, shall apply to proceedings under the act. 16. The fees and allowances to solicitors of the court in respect of proceedings under the act shall be those provided by the Rules of the Supreme Court as to costs for the time being in force, so far as they are applicable to such proceedings. 17. The fees to be taken by the officers of the court in respect to proceedings under the act shall be those provided by the Rules of the Supreme Court as to court fees for the time being in force, so far as they are applicable to such proceedings. 18. These rules shall come into operation from and after the 31st December, 1882. 19. These rules may be cited as the Settled Land Act Rules, 1882. (Signed) SELBORNE, C. NATH. LINDLEY, L.J. H. MANISTY, J. Fees. Rules. o'clock in the Let all parties concerned attend at my chambers at the Royal Courts of Justice on forenoon, on the hearing of an application day, the day of 18 at (a.) On the part of A. B., the tenant for life [or, tenant in tail, or as the case may be, describing the nature of the applicant's estate] under the abovementioned settlement. Or, (b.) On the part of A. B., the tenant for life [or as the case may be] under the above-mentioned settlement an infant, by X. Y., his testamentary guardian [or, guardian appointed by order dated the next friend]. or Or, (c.) On the part of C. D. and E. F., the trustees of the abovementioned settlement for the purposes of the above-mentioned act. Or, (d.) On the part of G. H., the tenant for life in remainder [or, tenant in tail in remainder, or as the case may be, describing the applicant's interest] under the above-mentioned settlement subject to the life interest of A. B. [or as the case may be]. Or, (e.) On the part of I. J., the purchaser of the lands [or, the timber upon the lands, or chattels, or as the case may be] settled by the abovementioned settlement. |