FORM XX.-SUMMONS UNDER SECTION 44.

Title as in Form I.

Formal parts as in Form II. a, b, or c.

1. That it may be declared that (set out the declaration required).

2. (Add application for costs as in Form III. 2, or as the circumstances require.)

FORM XXI. SUMMONS UNDER SECTION 56 FOR ADVICE AND DIRECTION.

Title as in Form I.

Formal parts as in Form II. a to h.

For the opinion, advice, and direction of the judge on the following questions:

1. Whether

2. Whether

3. Whether

(or if the questions involve complicated facts.)

for the opinion, advice, and direction of the judge on the facts and ques-
tions submitted by the statement left in my chambers this day.
(Add application for costs as in Form 1IŤ. 2.)

FORM XXII.-SUMMONS UNDER SECTION 60 FOR APPOINTMENT OF
PERSONS TO EXERCISE POWERS ON BEHALF OF INFANT.

Title as in Form I.

Formal parts as in Form II. b.

1. That the powers conferred upon a tenant for life by sections 6 to 13, both inclusive, and sections 16 to 20, both inclusive, of the abovementioned act (or such other powers as it is desired to exercise) may be exercised by the said on behalf of the said minority.

2. (Add application for costs as in Form III. 2.)

during his

FORM XXIII.-SUMMONS FOR DIRECTIONS AS TO SERVICE OF A

PETITION.

Title as in Form I.

Formal parts as in Form II.

That directions may be given as to the persons to be served with the

petition presented in the above matter on the

Forms.

Forms.

Examples.

TITLES OF SUMMONSES.

The following regulations as to the title of summonses have been adopted by the Practice Masters. See Annual Practice, Table of Titles, &c. :

7. If under the Settled Land Act, 1882, a summons must be entitled in accordance with the Rules of the Supreme Court (December, 1882) under that act, and in the form given in the appendix to such rules as varied by the form, Appendix L., No. 25, R. S. C. 1883.

1886, J. No. or 1886, R. No.

In the matter of the Blackacre Estate [or, of the timber on the
estate], situate at
, in the county of
chattels] settled by the settlement, dated the

[or of the day of

made on the marriage of John Jones and Mary his wife [or, by the will of George Roberts, dated And in the matter of the Settled Land Act, 1882.

Infant.

Tenant by curtesy.

1886, S. No.

In the matter of the Blackacre Estate [or, of the timber of the estate] situate at , in the county of settled land

within the meaning of the Settled Land Act, 1882, s. 59, by reason of John Smith, the person seised of or entitled to such land being an infant.

In the matter of the Settled Land Act, 1882.

of

1886, R. No.

In the matter of the Blackacre Estate, at
in the county
settled by a settlement within the meaning of the
Settled Land Act, 1884, s. 8, by Mary Roberts, deceased, the
late wife of John Roberts.

In the matter of the Settled Land Act, 1884.

The address and description of the applicant and of the next friend (if any) and of the respondents should in all cases be stated in the summons, and if the applicants apply as, or the respondents are summoned as trustees, or in a representative capacity, the fact should appear.

If the applicants or respondents are females, it should be shown on the summons whether they are spinsters, married women, or widows.

CONFIRMATION OF SALES.

25 & 26 VICTORIÆ, CAP. 108.

An Act to confirm certain Sales, Exchanges, Partitions, and Enfranchisements by Trustees and others.

[7th August, 1862.]

WHEREAS trustees and others, in the intended exercise of trusts 25 & 26 Vict. or powers authorizing them to dispose of land by sale, exchange, c. 108, s. 1. partition, or enfranchisement, have disposed of land subject to such trusts or powers, with an exception or reservation of minerals, and either with or without rights and powers for or incidental to the working, getting, and carrying away of such minerals, or otherwise relating thereto, or have so disposed of minerals with or without such rights and powers separately from the residue of the land, such mode of disposition not being expressly authorized nor forbidden by the instrument creating the trust or power: and whereas it is expedient to confirm such dispositions as aforesaid: be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same as follows:

exception or

1. No sale, exchange, partition or enfranchisement at any Powers of time heretofore of land by any trustee or other person, expressed sale, &c. not or intended to be made in exercise of any trust or power autho- to be invalid on the ground rizing the sale, exchange, partition, or enfranchisement of land, of want of and not forbidding the reservation of minerals, and which sale, express exchange, partition, or enfranchisement shall have been made mention of with an exception or reservation of minerals, and with or with- reservation of out rights or powers for or incidental to the working, getting, minerals, &c. and carrying away of such minerals, or otherwise relating thereto, shall be invalid on the ground only that the trust or power did not expressly authorize such exception or reservation, but such sale, exchange, partition, or enfranchisement shall be deemed to have taken effect in the same manner as if the exception or reservation had been authorized by the trust or power; and no sale, exchange, or partition heretofore made as aforesaid of any minerals separately from the residue of the land subject

to the trust or power intended to have been exercised, and either with or without such rights or powers as aforesaid, shall be invalid on the ground only that the trust or power did not expressly authorize such sale, exchange, or partition, but such sale, exchange, or partition shall be deemed to have taken effect in the same manner as if such minerals, rights, and powers (if any) had been expressly authorized to be so dealt with separately from the residue of such land; but this enactment shall not be deemed to confirm any sale, exchange, partition, or enfranchisement already declared by a court of competent jurisdiction to be invalid, nor to confirm or effect any sale, exchange, partition, or enfranchisement as to the validity of which any suit or other proceeding is now pending (a).

(a) Where a testator devised lands to trustees for a term, and subject thereto to his son for life with remainders in strict settlement; and gave the trustees power to demise all or any part of the lands, and all or any of the mines then opened or thereafter to be opened, and to sell all or any part of the lands, the Master of the Rolls, on the authority of Cholmeley v. Paxton (3 Bing. 207, ante, p. 548), held, that under the power the trustees could not sell the lands with a reservation of the minerals (Buckley v. Howell, 29 Beav. 546). In consequence of this decision this act was passed.

2. And whereas it is expedient that trusts and powers to dispose of land by way of sale, exchange, partition, or enfranchisement should be extended in the manner hereinafter appearing:

Every trustee and other person now or hereafter to become authorized to dispose of land by way of sale, exchange, partition, or enfranchisement may, unless forbidden by the instrument creating the trust or power, so dispose of such land with an exception or reservation of any minerals, and with or without rights and powers of or incidental to the working, getting, or carrying away of such minerals, or may (unless forbidden as aforesaid) dispose of by way of sale, exchange, or partition the minerals with or without such rights or powers separately from the residue of the land, and in either case without prejudice to any future exercise of the authority with respect to the excepted minerals, or (as the case may be) the undisposed-of land; but this enactment shall not enable any such disposition as aforesaid without the previous sanction of the Court of Chancery, to be obtained on petition in a summary way of the trustee or other person authorized as aforesaid, which sanction once obtained shall extend to the enabling from time to time of any disposition within this enactment of any part or parts of the land comprised in the order to be made on such petition, without the necessity of any further or other application to the court (b).

(b) The court will sanction a sale of land reserving the minerals, or of the minerals apart from the land without reference to any particular sale (Re Willway, 32 L. J. Ch. 226; Re Wynn, 28 L. T. 615; 21 W. R. 695).

Mortgagees may petition under the act (Re Wilkinson, 13 Eq. 634). Such a petition must be served on the mortgagor (Re Hirst, 45 Ch. D. 263); but not on subsequent incumbrancers (Re Beaumont, 12 Eq. 86). Where a petition is presented for the sanction of the court to a sale of the land apart from the minerals, the beneficiaries should be served or be made parties to the application (Re Brown, 11 W. R. 19; Re Palmer, 13 Eq. 408). But where trustees, with a power of sale exerciseable with the consent of the tenant for life, presented a petition for leave to sell the land and minerals separately, service on the beneficiaries entitled in remainder was unnecessary (Re Pryse, 10 Eq. 531; see Re Wynn, sup., Re Wadsworth, 63 L. T. 217).

For form of petition under this section, see Dan. Ch. Forms, 956, 4th ed.

3. This act shall not extend to Ireland or Scotland.

25 & 26 Vict. c. 108, s. 2. Mortgagees are within the act.

Service.

Extent of act.