III. Sale of the vendor), of the one part, and [purchaser], of &c. (hereinafter referred to as the purchaser), of the other part.

Mansion

house, Manors, &c. by Tenant for life.

"Trustees of the settlement."

Remarks on definitions. Sect. 63.

"(8) The persons, if any, who are for the time being, under a settlement, trustees with power of sale of settled land, or with power of consent to an approval of the exercise of such a power of sale, or if under a settlement there are no such trustees, then the persons, if any, for the time being who are by the settlement declared to be trustees thereof for purposes of this Act, are for purposes of this Act trustees of the settlement."

It will be observed that the term "settlement" here includes instruments merely binding equitable interests, as well as those whereby the legal estate is conveyed. By sect. 63, this definition is extended so as to comprise all settlements made before or after the commencement of the Act, "whereby any lands, or estates, or interest in land, is subject to a trust or direction for sale, and for the application or disposal of the moneys to arise from the sale, or the income of that money, or the income of the land until sale, or any part of that money or income, for the benefit of any person for his life, or any other limited period, or for the benefit of two or more persons concurrently for any limited period, and whether absolutely or subject to a trust for accumulation of income for payment of debts or other purpose, or to any other restriction;" and "settled land" and "tenant for life" have a corresponding signification. The term "land" in this Act, as generally in Acts of Parliament, means hereditaments "of any tenure (see 13 & 14 Vict. c. 21, s. 4), and therefore includes copyholds and leaseholds, as well as freeholds. Sect. 58 of the Settled Land Act, 1882, enumerates nine classes of persons, besides tenants for life strictly so called, on whom are conPersons with ferred the powers of a tenant for life under the Act, viz.:—(i) A tenant in tail; (ii) a tenant in fee with executory gift over on failure of issue, or in any other event; (iii) an owner of a base fee; (iv) a tenant for years determinable on life, not holding merely under a lease at a rent; (v) a tenant pur autre vie; (vi) a tenant for his own or any other life, or for years determinable on life, whose estate is liable to cease on a certain event, or to be defeated by an executory gift over, or is subject to a trust for accumulation of income; (vii) a tenant in tail after possibility of issue extinct; (viii) a tenant by the curtesy; and (ix) son entitled to the income of land under a trust or direction for payment thereof to him during his own or any other life, whether subject to expenses of management or not, or until sale of the land, or until forfeiture of his interest therein, or bankruptcy, or other event." Where an infant is absolutely entitled to land, such land is "settled land," and the infant is tenant for life thereof for purposes of the Act (sect. 59); and in this case the powers of a tenant for life are exerciseable on behalf of the infant by the trustees of the settlement or other persons appointed by the Court for the purpose (sect. 60).

powers of tenant for life.

Infant.

a per

Where a testator devised lands to trustees upon trust to pay the rents to his wife for the benefit of his infant son, until he should attain twenty-one years of age, and then to the son in fee,

WHEREAS under the will dated the

day of 18-, and proved in the Principal Registry of the Probate

III. Sale of Mansionhouse, Manors, &c. by Tenant for life.

with an executory gift over in case the son should die under that age, it was held that the infant son was a tenant for life within Recitals (b), this section, and that the statutory powers were exerciseable on of will creathis behalf by the "trustees of the settlement:" Re Morgan, 31 ing the settleW. R. 948.

ment;

By sect. 61, it is enacted that "(2) Where a married woman, who, Married if she had not been a married woman, would have been a tenant woman. for life, or would have had the powers of a tenant for life under the foregoing provisions of this Act, is entitled for her separate use, or is entitled under any statute passed or to be passed, for her separate property, or as a feme sole, then she, without her husband, shall have the powers of a tenant for life under this Act." '(3) Where she is entitled otherwise than as aforesaid, then she and her husband together shall have the powers of a tenant for life under this Act."

66

"(6) A restraint on anticipation in the settlement shall not prevent the exercise by her of any power under this Act."

As to the separate property of married women, see ante, p. 215, sub tit. ACKNOWLEDGMENT. The concurrence of the husband will be necessary only where the property is not, by statute or otherwise, separate property.

The Married Women's Property Act, 1882, s. 19 (see ante, p. 226), provides that "nothing in this Act contained shall interfere with or affect any settlement or agreement for a settlement made or to be made, whether before or after marriage, respecting the property of a married woman." It is still a question how far this enactment limits the other provisions of the Act, and what is the meaning of "settlement" in this section. See Re Stonor's Trusts, 24 Ch. D. 195; and note thereon, ante, p. 226.

As to whether a deed by a married woman, in exercise of her powers under the Settled Land Act, requires acknowledgment, see ante, p. 212.

Where the tenant for life is a lunatic, so found by inquisition, the statutory powers of the Act can be exercised on his behalf by his committee, under an order of the Lord Chancellor (sect. 62). The case of a lunatic tenant for life not so found is not provided for.

In the case of a settlement by way of trust for sale, "the person for the time being beneficially entitled to the income of the land, estate, or interest aforesaid until sale, shall be deemed to be the tenant for life thereof" (sect. 63). It is clear that under sect. 2(6), all persons having concurrent interests under the same settlement must join in exercising the statutory forms of the Act; if, however, a moiety or other undivided share of lands is subject to the trusts of a distinct settlement, then such share is settled land within the meaning of the Act, and can be disposed of by the tenant for life thereof without the concurrence of the owner, whether limited or absolute, of the other shares. See Wolst. S. L. Act, p. 12. The 63rd section applies only to the

III. Sale of Division of her Majesty's High Court of Justice on the 18—, of [testator], late of &c.,

Mansion

house, Manors, &c.

by Tenant for life.

Trustees.

Power of

to sell.

day of

instrument or instruments which create the trust for sale. Where the persons named in a will as tenants for life of realty, devised on trust for sale, were all dead, it was held that the trustees were able to make a good title to the property without the concurrence of beneficiaries, who had by settlements of their respective shares reduced themselves to the position of tenants for life of those shares: Re Earle, 48 L. T. 961. The powers given by the Act are not capable of assignment or release, and any contract not to exercise them is void; but the rights of an assignee for value are not to be prejudiced, and his consent is necessary to any disposition by a tenant for life of the settled land, except a lease thereof, at the best rent obtainable, without fine. If the assignee is in possession, his consent is necessary to the granting of a lease by the tenant for life (sect. 50). Such consent should be

testified by concurrence in the conveyance.

In the case of settlements created by deed, will, or otherwise, before 1883, only such persons, if any, as have a power of sale, or of consent to or approval of sale of the settled lands, are trustees of the settlement within the meaning of the Act. In future settlements it will be proper to designate the persons who are to be trustees for the purposes of the Act. Where there are no trustees within the meaning of the Act, or where for any reason it is desirable that such trustees should be appointed, their appointment by the Court may be applied for. See post, p. 417, note (c).

By sect. 3, "A tenant for life may sell the settled land, or any tenant for life part thereof, or any easement, right, or privilege of any kind, over or in relation to the same." The sale must be for the best price that reasonably can be obtained (sect. 4). On a sale, any restriction or reservation with respect to building on, or other user of land, or with respect to mines and minerals, or with respect to or for the purpose of the more beneficial working thereof, or with respect to any other thing, may be imposed or reserved or made binding, so far as the law permits, by covenant, condition, or otherwise. The surface and minerals, with or without wayleaves, water-rights, &c., may be sold separately under the Act (sect. 17). The tenant for life of an undivided share may concur for the purposes of the Act with any person entitled to or having power or right of disposition of or over another undivided share (sect. 19). As to conveyances by tenants for life, see sect. 20 of the Act, and post, sub. tit. PURCHASES. As to transfers of incumbrances, affecting property sold, to other parts of the settled lands, see post, sub. tit. MORTGAGES.

Restriction as to mansion

&c.

By sect. 15, it is enacted that, "notwithstanding anything in this Act, the principal mansion-house on any settled land, and house, park, the demesnes thereof, and other lands usually occupied therewith, shall not be sold or leased by the tenant for life without the consent of the trustees of the settlement, or an order of the Court." The precise scope and effect of this section is not altogether clear.

deceased, the vendor is now entitled as tenant for life in III. Sale of possession to the mansion-house and demesne, and other

Mansionhouse, Manors, &c. by Tenant for

life.

A "mansion-house" is defined in law to be simply a dwellinghouse Wharton, Law Lex. And Sir E. Coke, after stating that Mansiona mansion or dwelling-house (domus mansionalis) consists of two house. branches, viz., the inset edifices and the outbuildings, which he particularizes, continues, "And albeit every mansion-house hath not all these buildings, yet every house for the dwelling and habitation of man is taken to be a mansion-house, wherein burglary may be committed:" 3 Inst. 64.

"Demesnes" (terræ dominicales) are those parts of the land of a Demesnes. manor which the lord has not granted out in tenancy to the copyholders or customary freeholders, but which are reserved for his own use and occupation: Wharton, Law Lex. See also Att.-Gen. v. Parsons, 2 Cro. & Jer. 279. In Ireland the word is very general, used with a wider signification than that given above. In Doyne v. Campbell, I. R., 9 C. L. 95, the term "demesne was held to include a holding surrounded by a wall, and containing twenty-five acres, ten of which consisted of a villa residence, offices, gardens, and ornamental grounds, and the remaining fifteen acres were fenced fields attached for pasture. The word "park" (which occurs only in the heading and Park. marginal note to the section), in its strict legal signification, denotes three essential conditions:-(i) a grant thereof; (ii) inclosure by pale or wall or hedge; and (iii) beasts of a park, such as buck, &c.: Howard's case, Cro. Car. 59. Sir G. Jessel, M.R., has held that marginal notes form part of Acts: Re Venour, 2 Ch. D. 525; but see the remarks of Lords Justices Bramwell and James in Att.-Gen. v. Great Eastern Railway, 11 Ch. D. 465.

In the memorandum annexed to this Act, when introduced in Application Parliament, it was stated that "special protection is provided of sect. 15. for the mansion-house and park; in proper cases they may be sold, but not by the tenant for life alone; he must get the assent of the trustees or an order of the Court." It would appear that, from the terms used, the restriction contained in this section with regard to sale or lease of the mansionhouse, &c., is intended to apply to large estates. But by sect. 63 of the Act, dispositions by deed or will of land upon trust for sale are made subject, to the provisions of this Act. Until, therefore, the terms above referred to are defined by judicial decision, it will be well, wherever it is possible, to obtain the concurrence of the trustees, so as to testify their consent to the sale by a tenant for life of any land not forming part of a larger estate, and on which there is a residence of any description. Otherwise the purchaser cannot be regarded as absolutely free from risk, unless the sale is sanctioned by an order of the Court: it will be for the purchaser to decide whether, having regard to all the circumstances of the particular case, he will insist on the order being obtained before completion. Where the house and lands intended to be sold form part of a larger estate, there will generally be no difficulty in

III. Sale of lands and hereditaments hereby contracted to be sold; and under the same will [trustee], of &c., and [trustee], of &c., are the present trustees of the settlement thereby created with

Mansionhouse,

Manors, &c. by Tenant for life.

Power for

to enter into

contracts.

coming to a conclusion, as to whether that house is the principal mansion-house on the estate.

By sect. 31 of the Act it is enacted, that

(1) A tenant for life (i) may contract to make any sale, tenant for life exchange, partition, mortgage or charge; and (ii) may vary or rescind, with or without consideration, the contract in 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."

Recitals in contract.

"(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; so that it may be varied or rescinded by any such successor, in like case and manner, if any, as if it had been made by himself."

but

"(3) The Court may, on the application of the tenant for life, or of any such successor, or of any person interested in any contract, give directions respecting the enforcing, carrying into effect, varying or rescinding thereof."

Other clauses of the section relating to contracts for leases by tenants for life will be considered hereafter, sub. tit. LEASES. It may be remarked that enfranchisement is not here mentioned among the objects for which a tenant for life may contract; it is apparently included in the term "sale," as sect. 3 (ii) authorizes tenants for life to sell seigniories, &c. so as to effect un enfranchisement.

By sub-sect. (2) a contract by a limited owner is enforceable against successors in title under the settlement as fully as against the tenant for life himself; and the successor's title is not overridden by the contract which he can enforce against the purchaser; and, on completion of the purchase, the purchase-money becomes "capital money " under the Act, subject to the limitations or trusts of the settlement.

(b) Where a tenant for life or other limited owner of settled lands exercises his powers of sale under the Settled Land Act, 1882, it is not generally necessary that the contract should recite the instrument creating the settlement, or otherwise indicate in what capacity the vendor acts; and, accordingly, in ordinary cases, the contract or agreement for sale will be in the form given in the preceding precedents. There are, however, two important exceptions to this rule, viz., when the settled lands intended to be sold comprise the principal mansion-house and demesne lands, and where the tenant for life contracts to sell chattels settled so as to go as heirlooms with the settled lands. In both these cases the Act requires certain consents essential to the validity of the contract, and it will be found necessary or convenient that recitals should be introduced stating the nature of the transaction.